{"text": "Pronunciation Guide \na for all the vowel sounds in m as in motion, malice \nburden, circus, function, wonder n as in notice, negate \na as in fact, plat ng as in long, ring \nah as in balm, father 0 as in contract, loss \nam as in bar, start oh as in oath, impose \nair as in flare, lair 00 as in rule, school \naw as in tall, law oor as in lure, tour \nay as in page, same or as in board, court \nb as in balk, rob ow as in allow, oust \nch as in chief, breach oy as in join, ploy \nd as in debt, docket p as in perjury, prize \ne as in leg, tenant r as in revolt, terror \nee as in plea, legal s as in sanction, pace \neer as in mere, tier sh as in sheriff, flash \ner as in merit, stationery t as in term, toxic \nf as in father, off th as in theory, theft \ng as in go, fog th as in there, whether \nh as in hearsay, hold uu as in took, pull \nhw as in whereas, while uur as in insurance, plural \ni as in risk, intent v as in vague, waiver \nI as in crime, idle w as in warranty, willful \nJ as in jury, judge y as in year, yield \nk as in kidnap, flak z as in zoning, maze \n1 as in lawyer, trial zh as in measure, vision \n\nGuide to the Dictionary \n1. Alphabetization \nAll headwords, including abbreviations, are alphabetized letter by letter, not word \nby word, Spaces, apostrophes, hyphens, virgules, and the like are ignored, An \nampersand (&) is treated as ifit were the word and, For example: \nPan-American Convention \nP&L \nPanduit test \nper annum \nPIE ratio \nper capita \npercentage lease \nper diem \nperemptory \nNumerals included in a headword precede the letter \"a\" and are arranged in \nascending numerical order: \nRule IOb-5 \nRule 11 \nrule absolute \nrulemaking \nrule ofn \nruleof78 \nA numeral at the beginning ofa headword is alphabetized as if the numeral were \nspelled out: \nEighth Amendment \neight-hour law \n8-K \nejection \nCommas break the letter-by-letter alphabetization if they are backward-looking \n(e,g\" attorney, power oj), but not if they are forward-looking (e,g\" right, title, and \ninterest), \n2. Pronunciations \nBoldface syllables receive primary stress: \noligopoly (ol-<l-gop-<l-lee), n, \nIfa word has more than one acceptable pronunciation, the preferred pronunciation appears first and the variant form after or: \ntalesman (taylz-m~n ortay-leez-m~n), \nA pronunciation ofdubious standing is preceded by also: \ncondition precedent (pr<l-seed-,:mt also pres-a-d;mt), \nFor variably pronounced syllables, often only the changed syllables are included, \nejusdem generis (ee-j;Js-dam jen-a-ris also ee-joos- or ee-yoos-), \npage-xxv \n\nGUIDE TO THE DICTIONARY \nBrackets in pronunciations indicate an optional sound: \nfiduciary (fi-d[y]oo-shee-er-ee), adj. \nFor handy reference, the pronunciation gUide is located inside the front cover. \n3. Etymologies \nThe origins of most foreign words and phrases are given in brackets. By far the \nmost frequent etymologies are \"Latin\" (Le., classical Latin used during the Roman \nEmpire) and \"Law Latin\" (i.e., the Anglicized Latin formerly used in legal docu\nments and proceedings). Essentially, the Law Latin tag corresponds to what some \ndictionaries call Late Latin and others call Medieval Latin. Other languages of \norigin are listed as well, including French, Law French (Le., medieval common\nlaw French), Old English, Greek, German, and Dutch. \n4. Dates \nThe parenthetical dates preceding many ofthe definitions show the earliest known \nuse ofthe word or phrase in English. For some words, the date is merely a century \n(e.g., 14c), but for most ofthe recently emerging vocabulary a precise year is given. \nThe editors hope to extend this feature to most or even all the entries in future \neditions. Interested researchers should know that we welcome certifiable antedat\nings. \n5. Tags \nTwo types oftags appear. First, there are usage tags: \nRist. == historical; no longer current in law \nArchaic = old-fashioned and declining in use \nRare = very infrequent in modern usage \nSlang = very informal \nSecond, there are many subject -matter tags thatidentify the field oflaw that a par\nticular term or sense belongs to (e.g., Antitrust, Commercial law, Insurance, and \nWills & estates). Two ofthese tags deserve special mention. Roman law indicates \na term that can be traced back to the legal system ofthe ancient Romans. Civil \nlaw indicates a term that is used in modern civil-law systems, including much of \nthe law in Louisiana. \n6. Angle Brackets \nContextual illustrations ofa headword are given in angle brackets: \navail, n. 1. Use or advantage <oflittle or no avail>. 2. (pl.) Profits or proceeds, \nesp. from a sale of property <the avails of the trust fund>. \npage-xxvi \n\nGUIDE TO THE DICTIONARY \n7. Bullets \nBullets are used to separate definitional information (before the bullet) from \ninformation that is not purely definitional (after the bullet), such as encyclopedic \ninformation or usage notes. \n8. Cognate Forms \nThis dictionary lists corresponding parts ofspeech. For example, under the defini\ntion of consultation, the corresponding verb (consult) and adjectives (consulting, \nconsultative) are listed. \nIfa cognate form applies to only one sense of a headword, that form is denoted \nas follows: \nenjoin, vb. 1. To legally prohibit or restrain by injunction <the company was \nenjoined from selling its stock>. [Cases: Injunction 1.] 2. To prescribe, \nmandate, or strongly encourage <the graduating class was enjoined to uphold \nthe highest professional standards>. -enjoinment (for sense 1), n. enjoinder \n(for sense 2), n. \n9. Cross-references \na. See \nThe signal See is used in three ways. \n(1) To indicate that the definition is at another location in the dictionary: \ncall loan. See LOAN. \nperpetuities, rule against. See RULE AGAINST PERPETUITIES. \n(2) To refer to closely related terms: \nnationalization, n. 1. The act of bringing an industry under govern\nmental control or ownership. [Cases: International Law C=' 10.16.] \n2. The act of giving a person the status of a citizen. See NATURAL\nIZATION. [Cases: Aliens (;::>60-70.] \ncognovit (kog-noh-vit). [Latin \"the person has conceded (a debt or an \naction)\"] An acknowledgment of debt or liability in the form of a \nconfessed judgment. See confession ofjudgment under JUDGMENT. \n(3) To refer to a synonymous subentry: \nbinding instruction. See mandatory instruction under JURY INSTRUC\nTION. \nb. Cf. \nCf is used to refer to related but contrastable terms: \nGallagher agreement. A contract that gives one codefendant the right \nto settle with the plaintiff for a fixed sum at any time during trial \nand that guarantees payment of the sum regardless of the trial's \noutcome. City ofTucson v. Gallagher, 493 P.2d 1197 (Ariz. 1972). Cf. \nMARY CARTER AGREEMENT. \npage-xxvii \n\nGUIDE TO THE DICTIONARY \nfalse imprisonment. A restraint of a person in a bounded area without \njustification or consent.  False imprisonment is a common-law \nmisdemeanor and a tort. It applies to private as well as governmental \ndetention. Cf. false arrest under ARREST. [Cases: False Imprison\nment<>2.] \nc. Also termed \nThe phrase also termed at the end of an entry signals a synonymous word or \nphrase. Variations include also spelled, also written, and often shortened to. \nd. Terms with multiple senses \nIfthe cross-referenced term has multiple senses, the particular sense referred \nto is indicated in parentheses: \nlight work. See WORK (1). \nrule day. See return day (3) under DAY. \n10. Citations \nTo help dictionary users find the most current caselaw, thousands of entries contain \nbracketed pointers to West's key-number system (preceded by Cases), identifying \nthe topics and sections relevant to the definition: \nready, willing, and able. (Of a prospective buyer) legally and financially \ncapable of consummating a purchase. [Cases: Brokers PS4; Specific \nPerformance <>87.] \nThere may be a set ofdifferent citations for different senses ofa term: \nabatement (d-bayt-m;mt), n. The suspension or defeat of a pending \naction for a reason unrelated to the merits of the claim <the defendant \nsought abatement ofthe suit because of misnomer>. See plea in abate\nment under PLEA. [Cases: Abatement and Revival \n11. Quotations \nThe editors have selected quotations on the basis of aptness, insight, and clarity. \nMost quotations are included because they provide information or nuances that \nwould not otherwise be available within the strict confines ofa traditional defini\ntion. Quotations are set off in smaller, sans serif type: \ndiscovery abuse. 1. The misuse of the discovery process, esp. by making \noverbroad requests for information that is unnecessary or beyond the \nscope ofpermissible disclosure or by conducting discovery for an improper \npurpose. \n\"The term 'discovery abuse' has been used as if it were a single concept, but it \nincludes several different things. Thus, it is useful to subdivide 'abuse' into 'misuse' \nand 'overuse: What is referred to as 'misuse' would include not only direct violation \nof the rules, as by failing to respond to a discovery request within the stated time \nlimit, but also more subtle attempts to harass or obstruct an opponent, as by giving \nobviously inadequate answers or by requesting information that clearly is outside the \nscope of discovery. By 'overuse' is meant asking for more discovery than is neces\nsary or appropriate to the particular case. 'Overuse,' in turn, can be subdivided into \npage-xxviii \n\nGUIDE TO THE DICTIONARY \nproblems of 'depth' and of 'breadth,' with 'depth' referring to discovery that may be \nrelevant but is simply excessive and 'breadth' referring to discovery requests that go \ninto matters too far removed from the case.\" Charles Alan Wright, The Law ofFederal \nCourts  81, at 580 (5th ed, 1994), \nOlder quotations show what scholars have said about legal terminology at par\nticular points in history. Some ofthe older quotations may not fully reflect current \nlaw. \n12. Subentries \nMany terms in this dictionary are collected by topic. For example. the different \ntypes of contracts, such as bilateral contract and gratuitous contract, are defined \nunder the main term contract. (Cross-references in Band G will redirect the reader \nwho looks up bilateral contract or gratuitous contract to contract.) Ifa term has \nmore than one sense, then the corresponding subentries are placed under the \nappropriate sense ofthat term. \n13. Typefaces \nThe typefaces used in this dictionary are mostly self-explanatory. For instance, all \nheadwords and cognate forms are in boldface type, and all subentries are italicized. \nAs for headwords offoreign origin, those that are fully naturalized are in boldface \nRoman type, while those that are not fully naturalized are in boldface italics. Gen\nerally, small caps are used with \"See\" and \"Cf.\" cross-references to main entries. \nThere are, however, three other uses of small caps deserving special mention. \na. \tSmall caps refer to a synonymous headword. In the following example, the \nsmall caps suggest that you review the definition at contiguous for more infor\nmation: \nadjoining. Touching; sharing a common boundary; contiguous. \nadjoin, vb. \nb. \tSmall caps also refer to the predominant form when it may be phrased or \nspelled in more than one way. For example, the following uses of small caps \ndirect you to the entries at perjury and payor: \nfalse swearing. See PER fURY. \npayer. See PAYOR. \nc. \tSmall caps also refer to the spelled-out form of abbreviations (the term is defined \nat the spelled-out headword, not the abbreviated form). For example: \nFDIC. abbr. FEDERAL DEPOSIT INSURANCE CORPORATION. \nFederal Deposit Insurance Corporation. A federal corporation that \nprotects bank and thrift deposits by insuring accounts up to $100,000, \nexamining banks that are not members of the Federal Reserve System, \nand liquidating failed institutions. Abbr. FDIC. \npage-xxix \n\nGUIDE TO THE DICTIONARY \n14. West Key-Number System \nMany entries contain citations to West's key-number classification system as a \nlegal-research tool. \n[Cases: Federal Civil Procedure (;::) 1261, 1278; Pretrial Procedure (:=>28.] \n15. Abbreviations \nFor a list ofabbreviations used within entries see p. xxxi. For a list ofabbreviations \nused within legal texts generally, see Appendix A. \n16. Latin Maxims \nThe first six editions of Black's Law Dictionary interspersed hundreds oflegal \nmaxims (full Latin or Law French sentences) within the main body ofthe diction\nary, somewhat cluttering the main text. For greater convenience, a much fuller set \nofmaxims was collected into an appendix in the seventh edition. Newly corrected \nand amplified, that collection is now found in Appendix B. \npage-xxx \n\nList ofAbbreviations \nabbr. abbreviated as; abbreviation for \nadj. adjective \nadv. = adverb \nBrE = British English \nca. circa \ncap. = capitalized \ncf. (confer) compare with \nch. chapter \nconj. conjunction \ned. edition; editor \ne.g. (exempli gratia) for example \nesp. especially \net seq. (et sequentes) and those (pages or sections) that follow \nfro = from; derived from \nid. = (idem) in the same work \ni.e. (id est) that is \nI.e. lowercase \nn. noun; note \nno"}
{"text": "work \ni.e. (id est) that is \nI.e. lowercase \nn. noun; note \nno. == number , paragraph \npI. plural \npp. pages \np.pI. past participle \nprep. == preposition \npt. =: part \nrepr. == reprinted \nrev. revised by; revision \n section \nsing. Singular \nspecif. = specifically \nusu. == usually \nvb. verb \npage-xxxi \n\nA \na. 1. (usu. cap. & often ital.) A hypothetical person <A \ndeeds Blackacre to B>. 2. [Latin] From; by; in; on; of; at. \n3. [Law Latin] With. 4. [Law French] Of; at; to; for; in; \nwith. 5. Securities. A letter used in a newspaper stock\ntransaction table to indicate that cash was paid during \nthe year in addition to regular dividends. 6. Securities. \nA letter used in a newspaper mutual-fund transaction \ntable to indicate a yield that may include capital gains \nand losses as well as current interest. 7. (cap.) Securi\nties. A letter used in a newspaper corporate earnings \nreport to identify the American Stock Exchange as the \nprimary market of a firm's common stock. 8. (cap.) \nSecurities. An above-average grade given to a debt obli\ngation by a rating agency . The grades, as ranked by \nStandard & Poor's, range from AAA (highest) down \nto CCc. The equivalent standards from Moody's are \nAaa, Aa, A, Baa, and so on down to C. 9. Marine insur\nance. A rating assigned in Lloyd's Register ofShipping \nto ships considered to be in first-class condition. 10. \nabbr. ADVERSUS. 11. (cap.) Hist. A scarlet letter worn \nas punishment by a person convicted of adultery. 12. \nRoman law. An abbreviation for absolvo written on \nwooden tablets by criminal-court judges to indicate a \nvote for acqUittal. 13. Roman law. An abbreviation for \nantiquo (\"for the old law\") written on wooden tablets \nby the participants in a popular assembly to indicate a \nvote against a proposed bill. 14. (cap.) abbr. ATLANTIC \nREPORTER. \nA.2d. abbr. Atlantic Reporter Second Series. See \nATLANTIC REPORTER. \nAAA. abbr.!. AMERICAN ARBITRATION ASSOCIATION. 2. \nAMERICAN ACCOUNTING ASSOCIATION. 3. AMERICAN \nACADEMY OF ACTUARIES. 4. AGRICULTURAL ADJUST\nMENT ACT. 5. See accumulated-adjustments account \nunder ACCOUNT. \nAAC. abbr. AN::-IO ANTE CHRISTUM. \nAACN. abbr. ANNO ANTE CHRISTUM NATUM. \nAALL. abbr. American Association of Law Libraries, \nfounded in 1906 to promote law libraries and scholar\nship in the field oflaw-library science. \nAALS. abbr. ASSOCIATION OF AMERICAN LAW \nSCHOOLS. \nAARCC. abbr. ALTERNATIVE AGRICULTURAL RESEARCH \nAND COMMERCIALIZATION CORPORATIO::-l. \nAAU. abbr. Amendment to allege use. See TRADEMARK \nAPPLICATION AMENDMENT. \na aver et tener (ayay-var [or ah ah-var] et ten-ar). [Law \nFrench] To have and to hold. See HABENDUM CLAUSE. \nAB. abbr. See able-bodied seaman under SEAMAN. \nab, prep. [Latin] From; by; of. ABA. abbr. 1. AMERICAN BAR ASSOCIATION. 2. AMERICAN \nBANKERS ASSOCIATION. \nahacinate (a-has-a-nayt), vb. To blind (a person) by \nplacing a red-hot iron or metal plate in front of the \neyes. \nabaction (ab-ak-sh:m). See ABIGEATUS. \nab actis (ab ak-tis), n. [Latin \"in relation to proceedings\"] \nRoman law. An officer responsible for public records \n(acta), registers, journals, or minutes; a court clerk; a \nnotary. \nabactor (ab-ak-tar or -tor). See ABIGEUS. \nab agendo (ab a-jen-doh), adj. [Latin] Unable to act; inca\npacitated for business or transactions of any kind. \nabalienation (ab-ayl-ya-nay-sh,m), n. [fro Latin abalien\nare \"to alienate\"] Civil law. The transfer ofan interest in \nor title to property; ALIENATION (2). In Roman law, \nthe term was abalienatio (\"a perfect conveyance from \none Roman citizen to another\"), which was anglicized \nto abalienation. -abalienate, vb. \nabamita (a-bam-a-ta). [Latin] Civil law. A great-great\ngreat aunt. \nabandoned application. Patents & Trademarks. An \napplication removed from the U.S. Patent and Trade\nmark Office docket ofpending applications because \nthe applicant (or the applicant's attorney or agent of \nrecord) filed an express notice ofabandonment, failed \nto take appropriate or timely action at some stage in \nthe prosecution of a nonprovisional application, or \nfailed to pay the issue fee. Abandonment ofa patent \nor trademark application does not automatically result \nin abandonment ofthe invention or the mark because \nan abandoned application may be revived by petition. \nCf. abandoned invention under INVENTION; abandoned \nmark under TRADEMARK. [Cases: Patents 107.] \nabandoned experiment. Patents. An unsuccessful \nattempt to reduce an invention to practice . Unless it \nis publicly known, an abandoned experiment does not \nqualify as prior art under  102 ofthe Patent Act, so it \ndoes not bar future patents. \nabandoned invention. See INVENTION. \nabandoned mark. See abandoned trademark under \nTRADEMARK. \nabandoned property. See PROPERTY. \nabandoned, suppressed, or concealed, adj. Patents. \nIntentionally or accidentally hidden from public notice, \nnot reduced to practice, or not patented. Another \nperson's earlier invention will not be considered prior \nart if the first inventor abandoned the field to others \nor is held to have lost the right to patent by suppress\ning or concealing the invention. But ifthe suppression \n\n2 abandoned trademark \nor concealment occurred after the art was known to \nthe public, then it still qualifies as prior art. See MPEP \n 2138.03. [Cases: Patents (:=>82.] \nabandoned trademark. See TRADEMARK. \nabandonee ( ..-ban-d..-nee). (1848) One to whom property \nrights are relinquished; one to whom something is \nformally or legally abandoned. \nabandonment, n. (1809) I. The relinquishing of a right \nor interest with the intention of never reclaiming it. \nIn the context of contracts for the sale ofland, courts \nsometimes use the term abandonment as ifit were syn\nonymous with rescission, but the two should be dis\ntinguished. An abandonment is merely one party's \nacceptance ofthe situation that a nonperforming party \nhas caused. But a rescission due to a material breach \nis a termination or discharge of the contract for all \npurposes. 2. Property. The relinquishing of or departing \nfrom a homestead, etc., with the present, definite, and \npermanent intention of never returning or regaining \npossession. 3. Family law. The act ofleaving a spouse or \nchild willfully and without an intent to return. -Child \nabandonment is grounds for termination of parental \nrights. Spousal abandonment is grounds for divorce. Cf. \nDESERTION. [Cases: Divorce (:=>37; Infants \n\"The lines of distinction between abandonment and the \nmany forms of child neglect are often not very dear so that \nfailure to support or to care for a child may sometimes be \ncharacterized as abandonment and sometimes as neglect.\" \nHomer H. Clark Jr., The Law of Domestic Relations in the \nUnited States  20.6, at 895 (1988). \nabandonment ofminor children. See NONSUPPORT. \nconstructive abandonment. See constructive desertion \nunder DESERTION. \nmalicious abandonment. 1. lhe desertion ofa spouse \nwithout just cause. See criminal desertion under \nDESERTION. [Cases: Divorce(:=> 37.]2. See voluntary \nabandonment. \nvoluntary abandonment. 1. As a ground for divorce, \na final departure without the consent of the other \nspouse, without sufficient reason, and without the \nintention to return. [Cases: Divorce (:=>37.] 2. In \nthe law of adoption, a natural parent's willful act or \ncourse ofconduct that implies a conscious disregard \nof or indifference to a child, as if no parental obliga\ntion existed. Also termed malicious abandonment. \n[Cases: Adoption (:=>7.4.] \n4. Criminal law. RENUNCIATION (3). 5. Bankruptcy. A \ntrustee's court-approved release of property that is bur\ndensome or of inconsequential value to the estate, or \nthe trustee's release of nonadministered property to the \ndebtor when the case is closed. [Cases: Bankruptcy (:=> \n3131-3137.]6. Contracts. RESCISSION (2).7. Insurance. \nAn insured's relinqUishing ofdamaged or lost property \nto the insurer as a constructive total loss. Cf. SALVAGE \n(2). [Cases: Insurance (:=>2237.] 8. Trademarks. A mark \nowner's failure to maintain the mark's proper use in \ncommerce or failure to maintain its distinctive char\nacter. -Abandonment is an affirmative defense to an \naction for trademark infringement. -Also termed nonuse. [Cases: Trademarks 1153, 1532.] 9. Hist. \nCopyright. An affirmative defense to a copyright\ninfringement claim governed by pre-1989 law, based \non the author's general publication of the work without \na copyright notice. -Before March 1989, authors who \ndid not affix a copyright notice to their published \nworks risked losing legal protection for those works. \nCongress eliminated the copyright-notice requirement \nwhen it ratified the Berne Convention. [Cases: Copy\nrights and Intellectual Property (:=>50.1(4).] 10. Intel\nlectual property. The loss of an intellectual-property \nright, as by disuse, neglect offormalities, failure to pay \na required fee, or (for a trade secret) failure to ensure \nconcealment. -abandon, vb. \nabandonment by operation oflaw. See constructive \nabandonment. \nactual abandonment. 1. Patents. Intentional relin\nquishment of the right to patent protection, evi\ndenced, for example, by more than mere inactivity \nor delay in filing the application. -Actual abandon\nment may be express or implied, but every reasonable \ndoubt about intent will be resolved in the inventor's \nfavor. [Cases: Patents (:=>82.] 2. Trademarks. Inten\ntionalloss of trademark protection by discontinuing \ncommercial use ofthe mark with the intention of not \nusing it again. [Cases: Trademarks (:=>1155.] \nconstructive abandonment. I. Patents. The closing ofa \npatent -application prosecution by the U.S. Patent and \nTrademark Office when an applicant fails to respond \nto an office action within the time allowed, usu. six \nmonths, or fails to pay an issue fee. -If the delay \nwas unintentional or unavoidable, the application \nmay be revived. [Cases: Patents (:=> 107. ] 2. Patents. \nAbandonment of an invention by operation of law \nregardless of the inventor's intention, such as when \nthe inventor forfeits the right to patent by selling or \noffering to sell the invention or by describing it in a \npublication more than a year before seeking patent \nprotection. 35 USCA  102. [Cases: Patents (:=>80.] \n3. Trademarks. An owner's loss oftrademark protec\ntion, regardless ofwhether the mark is registered, by \nallowing the mark to lose its distinctiveness, such as \nby letting the name become a generiC term for that \ntype ofgoods, or by otherwise failing to maintain the \nmark's distinctive character. -For example, licensing \nthe use of the mark without retaining control over \nhow it is used may result in constructive abandon\nment. -Also termed abandonment by operation of \nlaw. [Cases: Trademarks (:=> 1164,11661. \nexpress abandonment. Patents. An applicant'S inten\ntional and clear termination ofa patent prosecution. \n An express abandonment must be made in a signed \nwriting and received by the U.S. Patent and Trade\nmark Office in time for the Office to act before the \npatent issues. Once an application is expressly aban\ndoned, it cannot be revived, and the applicant cannot \npreclude the public from freely availing itself of the \ninvention'S benefits. Unless there is an express aban\ndonment filed, abandonment of a patent application \n\n3 \ndoes not result in abandonment of the invention. \nAlso termed formal abandonment. [Cases: Patents \nformal abandonment. See express abandonment. \nimplied abandonment. Patents. An inventor's failure to \ntake steps to protect an invention, such as by failing to \nclaim the invention when disclosed in a patent appli\ncation or by permitting an application to be aban\ndoned, esp. by failing to file an answer to an office \naction within the time allowed. [Cases: Patents \n107.] \nabandonment ofcontest. Patents. A party's withdrawal \nfrom an interference contest.  The abandonment of \ncontest must be in writing. The contest is dissolved as \nto the abandoning party. [Cases: Patents C::;> 106(5).] \nabandum (;l-ban-dam), n. [Law Latin] Hist. A thing that \nhas been forfeited. -Also spelled abandun; abando\nnum. \nab ante (ab an-tee), adv. [Latin] Hist. Before; beforehand; \nin advance. Also termed ab antecedente. \nab antiquo (ab an-tI-kwoh), adv. [Law Latin] Hist. From \nancient times; ofold. Also termed ab anti"}
{"text": "-tI-kwoh), adv. [Law Latin] Hist. From \nancient times; ofold. Also termed ab antiqua. \nabarnare (ab-ahr-nair-ee), vb. [Law Latin] Hist. To detect \nor disclose a secret crime; to bring to judgment. \nabatable nuisance. See NUISANCE. \nabatamentum (a-bay-t;l-men-t;lm), n. [Law Latin] Hist. \nSee ABATEMENT (5). \nahatare (ab-;l-tair-ee), vb. [Law Latin] Hist. To abate. \nabatement (;l-bayt-m;lnt), n. (14c) 1. The act of elimi nat\ning or nullifying <abatement of a nuisance> <abate\nment of a writ>. [Cases: Nuisance IS, 77.] 2. The \nsuspension or defeat of a pending action for a reason \nunrelated to the merits of the claim <the defendant \nsought abatement of the suit because of misnomer>. \nSee plea in abatement under PLEA. [Cases: Abatement \nand Revival C=>5S.] \n\"Although the term 'abatement' is sometimes used loosely \nas a substitute for 'stay of proceedings,' the two may be \ndistinguished on several grounds. For example, when \ngrounds for abatement of an action exist, the abatement \nof the action is a matter of right, but a stay is granted in \nthe court's discretion. And in proper circumstances a court \nmay stay a proceeding pending the outcome of another \nproceeding although a strict plea in abatement could not \nbe sustained.\" 1 Am. Jur. 2d Abatement, Survival, and \nRevival  3 (1994). \n3. The act oflessening or moderating; diminution in \namount or degree <abatement of the debt>. 4. Wills & \nestates. The reduction of a legacy, general or specific, as \na result ofthe estate's being insufficient to pay all debts \nand legacies <the abatement oflegacies resulted from \nthe estate's insolvency>. Cf. ADEMPTION. lCases: Wills \nC::;>804-818.] 5. Archaic. The act oftortiously entering \nreal estate after the owner dies and before the legal heir \nenters <abatement of freehold>. Also termed (in \nsense 5) abatamentum. -abate, vb. abatable, adj. ABC test \nabatement clause. (1890) A lease provision that releases \nthe tenant from the rent obligation when an act ofGod \nor other specified reason precludes occupancy. \nabater C;l-bay-t;lr or -tor). 1. One who abates something. \n2. A plea in abatement. See plea in abatement under \nPLEA. \nabator (;l-bay-t;lr or -tor). (16c) 1. A person who elimi\nnates a nuisance. See ABATEMENT (1). [Cases: Nuisance \nC::;>20, 74.] 2. Hist. A person who tortiously intrudes \non an heir's freehold before the heir takes possession. \nSee ABATEMENT (5). \nabatuda (ab-;l-t[y]oo-d;l), n. Law Latin abatudus \n\"debased\") Hist. A thing diminished, such as money \nreduced in value by dipping (moneta abatuda). \nabavia (;l-bay-vee-;l), n. [Latin] Civil law. A great-great \ngrandmother. \nabavunculus (ab-;l-vang-kY;l-las), n. [Latin] Civil law. \nA great-great-great uncle. Also termed avunculus \nmaximus. \nabavus (ab-a-vas), n. [Latin] Civil law. A great-great \ngrandfather. \nabbacy (ah-;l-see). Eccles. law. An abbot's jurisdiction \nor term of tenure. \nabbess (ab-is). Eccles. law. A female superior or governess \nof a convent. Cf. ABBOT. \nabbey (ab-ee). Eccles. law. A monastery governed by an \nabbot, or a convent governed by an abbess. \nabbey land. (usu pi.) Hist. Real property held by an abbey \nin mortmain and therefore exempt from tithes. See \nMORTMAIN. \nabbot (ab-;lt). Eccles. law. A superior or governor of an \nabbey. Cf. ABBESS. \nabbreviated term sheet. See TERM SHEET. \nAbbreviatio Placitorum (;l-bree-vee-ay-shee-oh plas-i\ntor-;lm), n. [Law Latin \"summary ofthe pleas\"] Hist. An \nabstract ofpleadings culled from the rolls of the Curia \nRegis, Parliament, and common-law courts from the \n12th to 14th centuries, compiled in the 17th century, \nprinted in 1811, and attributed variously to Arthur \nAgarde, Deputy Chamberlain of the Exchequer, and \nto other keepers of the records. Cf. YEAR BOOKS. \nabbreviator. 1. One who abbreviates, abridges, or \nshortens. 2. Eccles. law. An officer in the court of \nRome appointed as assistant to the vice-chancellor for \ndrawing up the Pope's briefs and reducing petitions, \nwhen granted, into proper form to be converted into \npapal bulls. \nabbroachment (;l-brohch-mant), n. Hist. The act offore\nstalling the market by buying wholesale merchandise to \nsell at retail as the only vendor. Also spelled abbro\nchment; abbrochement. -abbroach, vb. \nABC test. The rule that an employee is not entitled to \nunemployment insurance benefits if the employee \n(A) is free from the control of the employer, (B) works \naway from the employer's place ofbusiness, and (C) is \nengaged in an established trade. _ The name derives \n\n4 ABC transaction \nfrom the A, B, and C commonly used in designating \nthe three parts ofthe test. [Cases: Unemployment Com\npensation C;:::> 16,28,29]. \nABC transaction. Oil & gas. A sale ofa working interest \nfrom an owner (A) to an operator (B) in return for a \ncash payment and the right to another (usu. larger) \npayment when the well produces, followed by Ns sale \nof the right to the production payment to a corpora\ntion (C), which pays A in cash borrowed from a lender \non C's pledge of the production payment.  Thus A \nreceives cash taxed at capital-gains rates, and B pays \npart ofthe purchase price with nontaxable production \nincome. The tax advantages of this transaction were \neliminated by the Tax Reform Act of 1969. \nabdication (ab-di-kay-sh;m), n. The act ofrenouncing or \nabandoning privileges or duties, esp. those connected \nwith high office <Edward VIII's abdication of the \nCrown in 1936> <the court's abdication ofits judicial \nresponsibility>. abdicate (ab-di-kayt), vb. abdi\ncable (ab-di-ka-bal), adj. -abdicator (ab-di-kay-tar), \nn. \nabditory (ab-di-tor-ee), n. [Law Latin abditorium \"box, \nreceptacle\"] A repository used to hide and preserve \ngoods or money. -Also termed abditorium (ab-di\ntor-ee-am). \nabduction (ab-d3k-shan), n. (17c) Criminal law. l. The act \nofleading someone away by force or fraudulent persua\nsion. -Some jurisdictions have added various elements \nto this basic definition, such as that the abductor must \nhave the intent to marry or defile the person, that the \nabductee must be a child, or that the abductor must \nintend to subject the abductee to concubinage or pros\ntitution. 2. Archaic. The crime of taking away a female \nperson, esp. one who is below a certain age (such as 16 \nor 18), without her effective consent by use of persua\nsion, fraud, or violence, for the purpose \nprostitution, or illicit sex. [Cases: Criminal Law \n45.10.] 3. Loosely, KIDNAPPING. See ENTICEMENT OF A \nCHILD. abduct, vb. -abductor, n. -abductee, n. \n\"Abduction seems not to have been a crime at early \ncommon law. but found its way thereinto through an old \nEnglish statute which defined the crime substantially as the \ntaking of a woman against her will for lucre. and afterwards \nmarrying her. or causing her to be married to another, or \ndefiling her, or causing her to be defiled.\" Justin Miller, \nHandbook ofCriminal Law  104. at 319 (1934). \nabearance (a-bair-ants), n. Archaic. Behavior; conduct. \n\"The other species of recognizance. with sureties, is for the \ngood abearance, or good behaviour. This includes security \nfor the peace ... ,\" 4 William Blackstone. Commentaries on \nthe Laws of England 253 (1769). \nab epistolis (ab ee-pis-ta-lis), n. [Latin] Hist. An officer \nwho maintained the correspondence (epistolae) for a \nsuperior; a secretary. \nAbercrombie classification. Trademarks. A characteriza\ntion ofa trade designation -whether by mark, name, \nor dress as generic, descriptive, suggestive, and arbi\ntrary or fanciful, in increasing order ofdistinctiveness. \nAbercrombie & Fitch Co. v. Hunting World, Inc., 537 \nF.2d 4, 9 (2d Cir. 1976). [Cases: Trademarks (;:::> 1033.] aberrant behavior (a-ber-ant). (1924) A Single act \nof unplanned or thoughtless criminal behavior. \nMany courts have held that aberrant behavior justi\nfies a downward departure that is, a more lenient \nsentence -under the federal sentencing guidelines, \nbased on a comment in the introduction to the Guide\nlines Manual to the effect that the guidelines do not \ndeal with Single acts of aberrant behavior. U.S. Sen\ntencing Guidelines Manual, ch. 1, pt. A, ! 4. [Cases: \nSentencing and Punishment C;:::>868.] \nabesse (ab-es-ee), vb. [Law LatinJ Roman & civi/law. \nTo be absent; to be away from a place where one is \nsupposed to be (as before a court). Cf. ADESSE. \nabet (a-bet), vb. (14c) 1. To aid, encourage, or assist \n(someone), esp. in the commission ofa crime <abet a \nknown felon>. 2. To support (a crime) by active assis\ntance <abet a burglary>. [Cases: Criminal Law \n59(5).J See AID AND ABET. Cf. INCITE. abetment, \nn. \nabettor. A person who instigates the commission of a \ncrime or advises and encourages others to commit it. \nAlso spelled abetter. See principal in the second degree \nunder PRINCIPAL. [Cases: Criminal LawC;:::>59.J \nab extra (ab ek-stra), adv. [Latin] From outside; extra; \nbeyond. \nabeyance (a-bay-ants), n. (17c) 1. Temporary inactivity; \nsuspension. 2. Property. A lapse in succession during \nwhich no person is vested with title. abeyant, adj. \n\"Abeyance. from the French bayer, to expect. is that which \nis in expectation. remembrance. and intendment of law. \nBya prinCiple of law, in every land there is a fee simple in \nsomebody. or else it is in abeyance; that is, though for the \npresent it be in no man. yet it is in expectancy belonging \nto him that is next to enjoy the land.\" 1 Richard Burn. A \nNew Law Dictionary 4 (1792). \nabiaticus (ab-ee-ay-td-kas), n. [Law Latin \"descended \nfrom a grandfather\"] Hist. A grandson in the male line; \na son's son. -Also spelled aviaticus. \nabide, vb. (bef. 12c) 1. To tolerate or withstand <the \nwidow found it difficult to abide the pain oflosing her \nhusband>. 2. To obey; (with by) to act in accordance \nwith or in conformity to <try to abide the doctor's order \nto quit smoking> <abide by the rules>. 3. To await <the \ndeath-row prisoners abide execution>. 4. To perform or \nexecute (an order or judgment) <the trial court abided \nthe appellate court's order>. 5. To stay or dwell <the \nright to abide in any of the 50 states>. \nab identitate ration is (ab I-den-ti-tay-tee ray-shee-oh\nnis or rash-ee-oh-nis). [Law Latin] Hist. By identity of \nreason; for the same reason. \nabiding conviction. See CONVICTION. \nabigeatus (a-bij-ee-ay-tas), n. [Latin] Roman & civil law. \nThe act ofstealing cattle by driving them away (abigere); \ncattle rustling. -In the later civil law, the usual term for \nthis was abaction. -Also termed abigeat. \nabigeus (a-bij-ee-as), n. [Latin] Roman & civil law. One \nwho steals cattle, esp. in large numbers; a cattle rustler. \n\n5 abnormally dangerous activity \n This was known in the later civil law as an abactor. \nPI. abigei. \n'The stealing of a single horse or ox might make a man \nan abigeus, but it seems that the crime could not be com \nmitted on less than four pigs or ten sheep. They need not \nhowever be taken all together. In such a state of the law \none would expect thefts of three pigs or eight sheep to \nbecome abnormally common.\" 1James Fitzjames Stephen, \nA History of the Criminal Law ofEngland 27 (1883). \nability. (l4c) The capacity to perform an act or service; \nesp., the power to carry out a legal act <ability to enter \ninto a contract>. \npresent ability. The actual, immediate power to do \nsomething (esp. to commit a crime). \nab inconvenienti (ab in-k;:m-vee-nee-en-tI), adv. [Law \nLatin] From hardship or inconvenience. See arg"}
{"text": "m-vee-nee-en-tI), adv. [Law \nLatin] From hardship or inconvenience. See argumen\ntum ab inconvenienti under ARGUMENTUM. \nab initio (ab i-nish-ee-oh), adv. [Latin) (16c) From the \nbeginning <the injunction was valid ab initio>. Cf. IN \nINITIO. \nab intestato (ab in-tes-tay-toh), adv. [Latin] By intes\ntacy <succession ab intestato is often treated as being \nnecessary because of the neglect or misfortune of the \ndeceased proprietor>. Cf. EX TESTAMENTO. \nab invito (ab in-vI-toh), adv. [Latin) By or from an unwill\ning party; against one's will <a transfer ab invito>. Cf. \nIN INVITUM. \nab irato (ab I-ray-toh), adv. [Latin) By one who is angry. \nThis phrase usu. refers to a gift or devise made adversely \nto an heir's interests, out of anger. An action to set aside \nthis type ofconveyance was known at common law as \nan action ab irato. \nabishering. See MISKERING. \nabjudge (ab-j~j), vb. Archaic. To take away or remove \n(something) by judicial decision. Cf. ADJUDGE. \n\"As a result of the trial a very solemn judgment is pro \nnounced. The land is adjudged to the one party and his \nheirs, and abjudged (abiudicata) from the other party \nand his heirs for ever.\" 2 Frederick Pollock & FrederiC W. \nMaitland, The History of English Law Before the Time of \nEdward 163 (2d ed. 1899). \nabjudicatio (ab-joo-di-kay-shee-oh), n. [Law Latin) \nThe act of depriving a person of a thing by judicial \ndecision. \nabjuration (ab-juu-ray-sh;m), n. A renouncing by oath. \nabjuration ofthe realm. An oath taken to leave the \nrealm forever. \n\"If a malefactor took refuge [in sanctuary] ... the coroner \ncame and parleyed with the refugee, who had his choice \nbetween submitting to trial and abjuring the realm. If he \nchose the latter course, he hurried dressed in pilgrim'S \nguise to the port that was assigned to him, and left \nEngland, being bound by his oath never to return. His \nlands escheated; his chattels were forfeited, and if he came \nback his fate was that of an outlaw.\" 2 Frederick Pollock & \nFrederic William Maitland, History ofEnglish Law Before the \nTime of Edward I 590 (2d ed. 1899). \nabjure (ab-joor), vb. 1. To renounce formally or on oath \n<abjure one's citizenship>. 2. To avoid or abstain from <abjure one's civic duties:>. abjuratory (ab-joor-<l\ntor-eel, adj. \nablative fact. See divestitive fact under FACT. \nable, adj. Legally competent and qualified <able to \ntransfer title>. \nable-bodied seaman. See SEAMAN. \nablegate (ab-Id-gayt), n. A papal envoy on a special \nmission, such as a newly appointed cardinal's \ninsignia ofoffice. \nableism. Prejudice against or disregard of disabled \npeople's needs and rights; discrimination that unrea\nsonably favors able-bodied persons. See DISCRIMINA\nTION (1), (2). ableist, adj. \nable seaman. See able-bodied seaman under SEAMAN. \nable to work. Labor law. (Of a worker) released from \nmedical care and capable of employment; esp., not \nqualified to receive unemployment benefits on grounds \nofillness or injury. [Cases: Unemployment Compensa\ntion (;::::;:>207.] \nablocation (ab-Ioh-kay-shan). Archaic. The leasing of \nproperty for money. Cf. LOCATIO. \nabmatertera (ab-ma-t~r-t;)r-<l), n. [Latin) Civil law. A \ngreat-great-great aunt. See MATERTERA MAXIMA. \nabnepos (ab-nep-ahs or -ohs), n. [Latin] Civil law. A \ngreat-great grandson; the grandson of a grandson or \ngranddaughter. \nabneptis (ab-nep-tis), n. [Latin) Civil law. A great-great \ngranddaughter; the granddaughter of a grandson or \ngranddaughter. \nabnormal law. The law as it applies to persons who \nare under legal disabilities such as infancy, alienage, \ninsanity, criminality, and (formerly) coverture. \nabnormally dangerous activity. (1957) An undertak\ning that necessarily carries with it a Significant risk of \nserious harm even if reasonable care is used, and for \nwhich the actor may face strict liability for any harm \ncaused; esp., an activity (such as dynamiting) for which \nthe actor is held strictly liable because the activity (1) \ninvolves the risk of serious harm to persons or property, \n(2) cannot be performed without this risk, regardless of \nthe precautions taken, and (3) does not ordinarily occur \nin the community . Under the Restatement (Second) of \nTorts, determining whether an activity is abnormally \ndangerous includes analyzing whether there is a high \ndegree of risk of harm, whether any harm caused will \nbe substantial, whether the exercise of reasonable care \nwill eliminate the risk, whether the activity is a matter \nof common usage, whether the activity is appropri\nate to the place in which it occurs, and whether the \nactivity's value to society outweighs its dangerousness. \nRestatement (Second) ofTorts  520 (1977). Also, \nesp. formerly, termed abnormally hazardous activity; \nextrahazardous activity; ultrahazardous activity. See \nstrict liability under LIABILITY. [Cases: Negligence (;=: \n305.] \n\n6 abode \nabode. (l3c) A home; a fixed place of residence. See \nDOMICILE; PLACE OF ABODE. \nabogado (ah-boh-gah-doh), n. [Spanish) Spanish law. \nAn advocate; a lawyer. \nab olim (ab oh-lim), adj. [Law Latin] Of old. \nabolish, vb. To annul, eliminate, or destroy, esp. an \nongoing practice or thing. \nabolition. (16c) 1. 1he act of abolishing. 2. TIle state of \nbeing annulled or abrogated. 3. (usu. cap.) The legal \ntermination of slavery in the United States. [Cases: \nSlaves 4. Civil law. Withdrawal of a criminal \naccusation; a sovereign's remission of punishment for \na crime. 5. Hist. Permission granted to the accuser in a \ncriminal action to withdraw from its prosecution. See \nNOLLE PROSEQUI. \nabominable and detestable crime against nature. See \nSODOMY. \na bon droit (ay or a bawn drwah), adv. [Law French] With \ngood reason; justly; rightfully. \nab orco usque ad coelum. [Latin] From the ground to the \nsky. Cf. USQUE AD COELUM. \naboriginal cost. See COST (1). \naboriginal title. See TITLE (2). \nabortee (~-bor-tee). A woman who undergoes an \nabortion. lCases: Abortion and Birth Control C=> \n100.] \naborticide. See ABORTIFACIENT. \nabortifacient (<l-bor-ta-fay-shant), n. A drug, article, \nor other thing designed or intended to produce an \nabortion. -Also (rarely) termed aborticide. abor\ntifacient, adj. \nabortion, n. (l6c) 1. An artificiallv induced termina\ntion of a pregnancy for the purp~se of destroying an \nembryo or fetus. _ In Roe v. Wade, the Supreme Court \nfirst recognized a woman's right to choose to end her \npregnancy as a privacy right stemming from the Due \nProcess Clause of the 14th Amendment. 410 U.S. 113,93 \nS.Ct. 705 (1973). Sixteen years later, in Webster v. Repro\nductive Health Services, the Court permitted states to \nlimit this right by allowing them to enact legislation \nthat (1) prohibits public facilities or employees from \nperforming abortions, (2) prohibits the use of public \nfunds for family planning that includes information on \nabortion, or (3) severely limits the right to an abortion \nafter a fetus becomes viable that is, could live inde\npendently of its mother. 492 U.S. 490, 109 S.Ct. 3040 \n(1989). In 1992, the Court held that (1) before viabilitv, \na woman has a fundamental right to choose to termi\nnate her pregnancy, (2) a law that imposes an undue \nburden on the woman's right to choose before viabil\nity is unconstitutional, and (3) after viability, the state, \nin promoting its interest in potential human life, may \nregulate or prohibit abortion unless it is necessary to \npreserve the life or health ofthe mother. Planned Par\nenthood ofSoutheastern Pa. v. Casey, 505 U.S. 833,112 \nS.Ct. 2791 (1992). In 2000, the Court again considered \nabortion rights and reaffirmed Casey in holding the Nebraska law at issue unconstitutional because (1) it \nfailed to provide an exception to preserve the health \nof the mother, and (2) it unduly burdened a woman's \nright to choose a late-term abortion, thereby unduly \nburdening her right to choose abortion itself. Stenberg \nv. Carhart, 530 U.S. 914, 120 S.Ct. 2597 (2000). \nFormerly also termed procuring an abortion; criminal \noperation; criminal miscarriage; procuring miscarriage. \n[Cases: Abortion and Birth Control <;:2100.1 2. The \nspontaneous expulsion of an embryo or fetus before \nviability; MISCARRIAGE. abort, vb. -abortionist, \nn. \n\"The word 'abortion,' in the dictionary sense, means no \nmore than the expulsion of a fetus before it is capable \nof living. In this sense it is a synonym of 'miscarriage.' \nWith respect to human beings, however, it has long been \nused to refer to an intentionally induced miscarriage as \ndistinguished from one resulting naturally or by accident. \nThere has been some tendency to use the word to mean a \ncriminal miscarriage, and there would be distinct advan\ntages in assigning this meaning to it; but there are so many \nreferences to lawful abortion or justification for abortion \nthat it is necessary to speak of 'criminal abortion' or the \n'crime of abortion' to emphasize the element of culpa\nbility.\" Rollin M. Perkins & Ronald N. Boyce, Criminal Law \n186-87 (3d ed. 1982). \n\"Modern legal historians dispute whether, and to what \nextent. abortion constituted a crime at English common \nlaw. One view finds that. at most, abortion was an ecclesi\nastical crime, and concludes that the common law allowed \na woman and her abortionist to terminate a pregnancy at \nall stages of gestation without secular penalties. Another \nclaims that all abortions are at least secular wrongs to \nthe fetus and that only the problems of proving a causal \nrelationship between some abortions and fetal death \nprevented the punishment of all abortions. Substantial \nauthority exists, however, for a middle ground: although \nno penalties attached to abortions before the fetus had \nquickened, performing a postquickening abortion was a \ncommon-law crime, most likely a misdemeanor.\" Susan \nFrelich Appleton, \"Abortion,\" in 1 Encyclopedia of Crime \nand Justice 1, 1 (Sanford H. Kadish ed., 1983). \nforced abortion. An abortion performed without the \nmother's consent. \ninduced abortion. An abortion purposely and arti\nficially caused either by the mother herself or by a \nthird party. See ABORTIFACIENT. [Cases: Abortion and \nBirth Control \nlate-term abortion. An abortion performed during \nthe latter stages of pregnancy, usu. after the middle \nof the second trimester. [Cases: Abortion and Birth \nControl <.r'-:;-106.] \npartial-birth abortion. An abortion in which a fetus is \npartly extruded from the womb and then destroyed. \nlCases: Abortion and Birth Control C=> lO9.] \nspontaneous abortion. See MISCARRIAGE. \ntherapeutic abortion. An abortion carried out to \npreserve the life or health of the mother. [Cases: \nAbortion and Birth Control C=>O.5.J \n\"Until recently it was common to speak of 'therapeutic \nabortion.' The literal meaning of the term is an abortion \ninduced for medical reasons, but it was commonly under\nstood to mean one for the purpose of saving the mother's \nlife ....\" Rollin M. Perkins & Ronald N. Boyce, Criminal Law \n193 (3d ed. 1982). \n\n7 \nabortive child. See CHILD. \nabortive trial. See MISTRIAL. \naboutissement (a-boo-tees-mahn), n. [Law French] An \nabut tal or abutment. \nabove, adj. & adv. (Of an appellate court) having the \npower to review the case at issue; having dealt with an \nappeal in the case at issue;<the court above> <when \nthe case was heard above, the issue was not raised>. \nCf. BELOW. \nabove-mentioned, adj. See AFORESAID. \nabove-stated, adj. See AFORESAID. \nabove-the-line, adj. (1973) (Of a deduction) taken \nafter calculating gross income and before calculat\ning adjusted gross income. _ Examples ofabove-the\nline deductions are IRA contributions and moving \nexpenses. Formerly, individual tax returns had a dark \nline above which these deductions were written. Cf. \nBELOW-THE-LINE. [Cases: Internal Revenue <>3114.J \nabpatruus (ab-pa-tro"}
{"text": "THE-LINE. [Cases: Internal Revenue <>3114.J \nabpatruus (ab-pa-troo-\"s), n. [Latin] Roman & civil \nlaw. A great-great-great uncle. Also termed patruus \nmaximus. \nA-B-Q trust. See bypass trust under TRUST. \nabridge, vb. (14c) 1. To reduce or diminish <abridge \none's civil liberties>. 2. To condense (as a book or other \nwriting) <the author abridged the treatise before final \npublication>. \nabridgment. 1. The reduction or diminution of some\nthing concrete (as a treatise) or abstract (as a legal \nright). 2. A condensed version ofa longer work 3. Hist. \nA legal digest or encyclopedia. \nabridgment ofdamages. 1he right ofa court to reduce \nthe damages in certain cases. See REMITTITUR. [Cases: \nNew Trial <>162(1).J \nabroad, adv. Outside a country; esp., other than in a \nforum country. \nabrogare (ab-roh-gair-ee), vb. [LatinJ Roman law. (16c) \nTo remove something from an old law by a new law. \nAlso termed exrogare. \nabrogate (ab-r<l-gayt), vb. (16c) To abolish (a law or \ncustom) by formal or authoritative action; to annul or \nrepeal. Cf. OBROGATE. abrogation, n. \nabrogation ofadoption. Family law. An action brought \nby an adoptive parent to terminate the parent-child \nrelationship by annulment ofthe decree ofadoption. _ \nAn adoption may be nullified ifit resulted from fraud, \nmisrepresentation, or undue influence, or if nullifi\ncation is in the child's best interests. -Also termed \nannulment of adoption. Cf. WRONGFUL ADOPTION. \n[Cases: Adoption <>16.] \nABS. abbr. 1. AMERICAN BUREAU OF SHIPPING. 2. AUTO\nMATED BOND SYSTEM. 3. See able-bodied seaman under \nSEAMAN. \nabscond (ab-skond), vb. (16c) 1. To depart secretly or \nsuddenly, esp. to avoid arrest, prosecution, or service \nof process. 2. To leave a place, usu. hurriedly, with absolute-bar rule \nanother's money or property. -abscondence (ab-skon\nd\"nts), n. -absconder, n. \nabsconding debtor. See DEBTOR. \nabsence, n. (14c) 1. The state of being away from one's \nusual place of residence. 2. A failure to appear, or to be \navailable and reachable, when expected. 3. Louisiana \nlaw. The state of being an absent person. - Also termed \n(in sense 3) absentia. [Cases: Absentees <>2.] \nabsent debtor. See DEBTOR. \nabsente (ab-sen-tee). [LatinJ In the absence of. -This \nterm formerly appeared in law reports to note the \nabsence of a judge <the court, absente Ellis, J., was \nunanimous>. \nabsentee, adj. Not present <absentee voter>. \nabsentee, adv. In the manner ofone who is not present \n<Debby voted absentee>. \nabsentee, n. (17c) 1. A person who is away from his or \nher usual residence; one who is absent. 2. A person \nwho is not present where expected. 3. A person who \neither resides out ofstate or has departed from the state \nwithout having a representative there. [Cases: Absen\ntees <>2.] \n\"Generally, a person is an absentee when he is absent from \nhis domicile or usual place of residence; but in light of \npertinent statutes he is an absentee when he is without the \nstate and has no representative therein.\" 1 c.J,S. Absentee \n 2, at 339 (1985). \nabsentee ballot. 1. See BALLOT (2). 2. See absentee voting \nunder VOTING. \nabsentee landlord. See LANDLORD. \nabsentee management. See absentee landlord under \nLANDLORD. \nabsentee vote. See absentee voting under VOTING. \nabsentee voting. See VOTING. \nabsente reo (ab-sen-tee ree-oh). [LatinJ The defendant \nbeing absent. -This phrase appears syntactically as \nwhat English language grammarians term a \"nomina\ntive absolute.\" \nabsentia. 1. See ABSENCE (3). 2. IN ABSENTIA. \nabsent parent. See noncustodial parent under PARENT. \nabsent person. See PERSON (1). \nABSO. abbr. See ANTISOCIAL BEHAVIOR ORDER. \nabsoile (ab-soyl), vb. See ASSOIL \nabsolute, adj. (14c) 1. Free from restriction, qualifica\ntion, or condition <absolute ownership>. 2. Conclu\nsive and not liable to revision <absolute delivery>. 3. \nUnrestrained in the exercise of governmental power \n<absolute monarchy>. -absolute, n. \nabsolute assignee. See ASSIGNEE. \nabsolute assignment. See ASSIGNMENT (2). \nabsolute auction. See auction without reserve under \nAUCTION. \nabsolute-bar rule. The principle that, when a creditor \nsells collateral without giving reasonable notice to \n\n8 absolute contraband \nthe debtor, the creditor may not obtain a deficiency \njudgment tor any amount ofthe debt that is not satisfied \nby the sale. -The rule governs commercially unrea\nsonable sales made in violation of the Ucc. [Cases: \nMortgages (;=>375,559(3); Secured Transactions C= \n230,240.] \nabsolute contraband. See CONTRABAND. \nabsolute conveyance. See CONVEYANCE. \nabsolute covenant. See COVENANT (1). \nabsolute deed. See DEED. \nabsolute defense. See real defense under DEFENSE (4). \nabsolute delivery. See DELIVERY. \nabsolute disparity. (1976) Constitutionallaw.lhe differ\nence between the percentage of a group in the general \npopulation and the percentage of that group in the \npool of prospective jurors on a venire. -For example, \nifAfrican-Americans make up 12% of a county's popu\nlation and 8% of the potential jurors on a venire, the \nabsolute disparity of African-American veniremem\nbers is 4%. The reason for calculating the disparity is to \nanalyze a claim that the jury was not impartial because \nthe venire from which it was chosen did not represent \na fair cross-section of the jurisdiction's population. \nSome courts criticize the absolute-disparity analysis, \nfavoring instead the comparative-disparity analysis, \nin the belief that the absolute-disparity analysis under\nstates the deviation. See FAIR-CROSS-SECTION REQUIRE\nMENT; DUREN TEST; STATISTICAL-DECISION THEORY. Cf. \nCOMPARATIVE DISPARITY. [Cases: JuryC=33(1.1).] \nabsolute divorce. See divorce a vinculo matrimonii under \nDIVORCE. \nabsolute duty. See DUTY (1). \nabsolute estate. See ESTATE (1). \nabsolute gift. See inter vivos gift under GIFT. \nabsolute guaranty. See GUARANTY. \nabsolute immunity. See IMMUNITY (1). \nabsolute interest. See INTEREST (2). \nabsolute law. (16c) A supposed law ofnature thought to \nbe unchanging in principle, although circumstances \nmay vary the way in which it is applied. See NATURAL \nLAW. \nabsolute legacy. See LEGACY. \nabsolute liability. See strict liability under LIABILITY. \nabsolute majority. See MAJORITY. \nabsolute martial law. See MARTIAL LAW. \nabsolute novelty. See NOVELTY. \nabsolute nuisance. See NUISANCE. \nabsolute nullity. See NULLITY. \nabsolute obligation. See OBLIGATION. \nabsolute pardon. See PARDON. \nabsolute pollution exclusion. See pollution exclusion \nunder EXCLUSION (3). absolute presumption. See conclusive presumption under \nPRESUMPTION. \nabsolute-priority rule. Bankruptcy. The rule that a \nconfirmable reorganization plan must provide for \nfull payment to a class of dissenting unsecured credi\ntors before a junior class of claimants will be allowed \nto receive or retain anything under the plan. -Some \njurisdictions recognize an exception to this rule when \na junior class member, usu. a partner or shareholder \nof the debtor, contributes new capital in exchange for \nan interest in the debtor. 11 USCA  1129(b)(2)(B)(ii). \n[Cases: Bankruptcy C=3561.] \nabsolute privilege. See PRIVILEGE (1). \nabsolute property. See PROPERTY. \nabsolute right. See RIGHT. \nabsolute sale. See SALE. \nabsolute simulated contract. See CONTRACT. \nabsolute title. See TITLE (2). \nabsolute veto. See VETO. \nabsolutio (ab-s;}-loo-shee-oh). See ABSOLUTION (2). \nabsolution (ab-sd-Ioo-sh;m). 1. Release from a penalty; \nthe act of absolving. 2. Civil law. An acquittal of a \ncriminal charge. -Also termed absolutio. 3. Eccles. \nlaw. Official forgiveness of a sin or sins. \nabsolutism (ab-s;}-]oo-tiz-;}m), n. In politics, the rule of \na dictator whose power has no restrictions, checks, or \nbalances; the belief in such a dictatorship. absolutist \n(ab-sa-Ioo-tist), adj. & n. \nabsolve (ab-or ;}b-zolv), vb. (15c) 1. To release from an \nobligation, debt, or responsibility. 2. To free from the \npenalties for misconduct. -absolver, n. \nabsolvitor (ab-sol-vi-tar), n. Scots law. A decision in a \ncivil action in favor ofthe defender; an acquittal. \nabsolvitory, adj. \nabsorbable risk. See RISK. \nabsorption, n. (18c) 1. The act or process of including \nor incorporating a thing into something else; esp., the \napplication of rights guaranteed by the U.S. Constitu\ntion to actions by the states. 2. Int'llaw. The merger \nof one nation into another, whether voluntarily or by \nsubjugation. 3. Labor law. In a postmerger collective\nbargaining agreement, a provision allowing senior\nity for union members in the resulting entity. 4. Real \nestate. The rate at which property will be leased or sold \non the market at a given time. 5. Commercial law. A \nsales method by which a manufacturer pays the reseH\ner's freight costs, which the manufacturer accounts for \nbefore quoting the reseUer a price. -Also termed (in \nsense 5) freight absorption. -absorb, vb. \nabsque (abs-kwee), adv. [Latin] Without. \nabsque aliquo inde reddendo (abs-kwee al-a-kwoh \nin-dee ri-den-doh), adv. [Law Latin] Rist. Without ren\ndering anything therefrom. -This phrase appeared in \nroyal grants in which no tenure was reserved. \n\n9 \nabsque consideratione curiae (abs-kwee kan-sid-a-ray\nshee-oh-nee kyoor-ee-ee), adv. [Law Latin] Without the \nconsideration ofthe court; without judgment. \nabsque dubio (abs-kwee d[yJoo-bee-oh), adv. [Latin] \nWithout doubt. \nabsque hoc (abs-kwee hok), adv. [Latin] Archaic. Without \nthis. -The phrase was formerly used in common-law \npleading to introduce the denial ofallegations. - Also \ntermed sans ce que. See TRAVERSE. \nabsque impetitione vasti (abs-kwee im-pa-tish-ee\noh-nee vas-tIl, adv. [Law Latin] Hist. See WITHOUT \nIMPEACHMENT OF WASTE. \nabsque injuria damnum (ab-skwee in-joor-ee-a dam\nnam). [Civil law] See DAMNUM SINE INJURIA. Often \nshortened to absque injuria. \nabsque ipsius regis speciali licentia (abs-kwee ip-see-as \nree-jis spesh-ee-ay-h li-sen-shee-a). [Law Latin] Hist. \nWithout the special authority ofthe king himself. -The \nphrase was part ofa law forbidding Crown vassals from \ntransferring land without a special warrant. \nabsque tali causa (abs-kwee tay-II kaw-za), adv. [Law \nLatin] Without such cause. _ In common-law pleading, \nthis was part ofthe larger phrase de injuria sua propria, \nabsque tali causa (\"of his own wrong, without such \ncause\") appearing in a reply that a trespass plaintiff \nmade to counter a defendant's claim of excuse. In an \nassault case, for example, if a defendant pleaded that \nhe had struck the plaintiff in self-defense, the plaintiff \ncould reply that the defendant was gUilty of his own \nwrong committed without such cause as alleged. See \nDE INJURIA. \nABS Rules. Maritime law. Industry standards for the \nconstruction, maintenance, and operation ofseagoing \nvessels and stationary offshore facilities, as set and \nenforced by the American Bureau of Shipping. See \nAMERICAN BUREAU OF SHIPPING. [Cases: Shipping \nC:;:> 14.] \nabstain, vb. 1. To voluntarily refrain from doing some\nthing, such as voting in a deliberative assembly. 2. (Of \na federal court) to refrain from exercising jurisdiction \nover a matter. [Cases: Federal Courts C:::>41-65.] \nabstention. (16c) 1. The act of Withholding or keeping \nback (something or oneself); esp., the act of abstain\ning from voting. 2. A federal court's relinquishment of \njurisdiction when necessary to avoid needless contlict \nwith a state's administration ofits own affairs. 3. The \nlegal principle underlying such a relinquishment of \njurisdiction. Cf. COMITY; OUR FEDERALISM. [Cases: \nFederal Courts C:::"}
{"text": "isdiction. Cf. COMITY; OUR FEDERALISM. [Cases: \nFederal Courts C:::>41-65.] \nBurford abstention. (1967) A federal court's refusal \nto review a state court's decision in cases involVing \na complex regulatory scheme and sensitive areas of \nstate concern. Burford v. Sun Oil Co., 319 U.S. 315,63 \nS.Ct. 1098 (1943). [Cases: Federal Courts C:::>43.] \nColorado River abstention. (1976) A federal court's \ndecision to abstain while relevant and parallel state\ncourt proceedings are under way. Colorado River abstract \nWater Conservation Dist. v. United States, 424 U.S. \n800,96 S.Ct. 1236 (1976). [Cases: Federal Courts C:::> \n43.] \nequitable abstention. A federal court's refraining \nfrom interfering with a state administrative agency's \ndecision on a local matter when the aggrieved party \nhas adequate relief in the state courts. \npermissive abstention. Bankruptcy. Abstention that \na bankruptcy court can, but need not, exercise in \na dispute that relates to the bankruptcy estate but \nthat can be litigated, or is being litigated, in another \nforum. -In deciding whether to abstain, the bank\nruptcy court must consider (1) the degree to which \nstate law governs the case, (2) the appropriateness \nof the procedure to be followed in the other forum, \n(3) the remoteness of the dispute to the issues in the \nbankruptcy case, and (4) the presence of nondebtor \nparties in the dispute. 28 USCA  1334(c)(I). [Cases: \nFederal Courts ~-::>47.5.] \nPullman abstention. (1963) A federal court's decision \nto abstain so that state courts will have an opportu\nnity to settle an underlying state-law question whose \nresolution may avert the need to decide a federal con\nstitutional question. Railroad Comm'n v. Pullman \nCo., 312 U.S. 496, 61 S.Ct. 643 (1941). [Cases: Federal \nCourts C:::>43, 46.] \nThibodaux abstention (tib-a-doh). (1974) A federal \ncourt's decision to abstain so that state courts can \ndecide difficult issues of public importance that, if \ndecided by the federal court, could result in unnec\nessary friction between state and federal authorities. \nLouisiana Power & Light Co. v. City afThibodaux, 360 \nU.S. 25, 79 S.Ct. 1070 (1959). [Cases: Federal Courts \n43.] \nYounger abstention. (1972) 1. A federal court's decision \nnot to interfere with an ongoing state criminal pro\nceeding by issuing an injunction or granting declara\ntory relief, unless the prosecution has been brought in \nbad faith or merely as harassment. Younger v. Harris, \n401 U.S. 37, 91 S.Ct. 746 (1971). Also termed equi\ntable-restraint doctrine. [Cases: Federal Courts C:::>49, \n51,54.] 2. By extension, a federal court's decision not \nto interfere with a state-court civil proceeding used \nto enforce the criminal law, as to abate an obscene \nnuisance. See OUR FEDERALISM. \nabstinence (ab-sta-n.Jnts). 1be practice of refraining \ncompletely from indulgence in some act; esp., the \npractice of not having sex or of not consuming alco\nholic beverages. \nabstract, n. (15c) 1. A concise statement of a text, esp. \nof a legal document; a summary. See ABSTRACT OF \nJUDGMENT; ABSTRACT OF TITLE. 2. Patents. A one-para\ngraph summary ofan invention's design and function, \nincluding its nature, structure, purpose, and novelty. \n-The abstract is a required part of a patent applica\ntion, and also appears on the front page of the patent \nitself. It may not exceed 150 words. For the purpose \nof determining adequacy ofdisclosure, the abstract is \n\n10 abstract compromis \nconsidered to be part ofthe specification. See 35 USCA \n 112. Also termed abstract ofthe disclosure; abstract \nofthe specification. [Cases: Patents ~99.] \nabstract compromis. See general compromis under COM\nPROMIS. \nabstracter. See ABSTRACTOR. \nabstract idea. Intellectual Property. A concept or \nthought, removed from any tangible embodiment. \nAn abstract idea is one of the categories of unpatent\nable subject matter, along with natural phenomena and \nlaws ofnature. But a process that uses abstract ideas to \nproduce a useful result can be patented. Copyright law \nlikewise will not protect an abstract idea, but only its \nexpression. The law ofunfair competition, on the other \nhand, does protect abstract ideas that meet the other \ncriteria of a trade secret. See business-method patent \nunder PATENT. [Cases: Patents ~6.] \nabstraction (ab-or <lb-strak-sh;m), n. (16c) 1. The mental \nprocess ofconsidering something without reference to a \nconcrete instance <jurisprudence is largely the abstrac\ntion ofmany legal particulars>. 2. A theoretical idea not \napplied to any particular instance <utopia in any form \nis an abstraction>. 3. The summarizing and recording \nofa legal instrument in public records <abstraction of \nthe judgment in Tarrant County>. 4. The act oftaking \nwith the intent to injure or defraud <the abstraction of \nfunds was made possible by the forged signature on the \ncheck>. abstract (ab-strakt), vb. \nabstraction-filtration-comparison test. Copyright. A \njudicially created test for determining whether sub\nstantial similarity exists between two works in an \naction for infringement. _ First, the court dissects the \ncopyrighted work's structure and isolates each level of \nabstraction or generality (abstraction test). Second, the \ncourt examines each level ofabstraction and separates \nout the unprotectable elements such as ideas, processes, \nfacts, public-domain information, and merger material \n(filtration test). Finally, the court compares the result\ning core of protectable expression with the accused \nwork to determine whether substantial elements ofthe \ncopyrighted work have been misappropriated (com\nparison test). This test was first applied by the Second \nCircuit in Computer Associates Int'l, Inc. v. Altai, \nInc., 982 F.2d 693 (2d Cir. 1992). Although that case \ninvolved computer software and the test is usu. applied \nin software-infringement cases, the test has also been \napplied to nonsoftware works. -Also termed abstrac\ntion-filtration test. See SIMILARITY. Cf. ABSTRACTIONS \nTEST. [Cases: Copyrights and Intellectual PropertyG= \n53(1).] \nabstractions test. Copyright. A means of comparing \ncopyrighted material with material that allegedly \ninfringes the copyright by examining whether the \nactual substance has been copied or whether the two \nworks merely share the same abstract ideas. -The \nprimary authority for the abstractions test is Judge \nLearned Hand's opinion in Nichols v. Universal Pictures \nCorp., 45 F.2d 119 (2d Cir. 1930). Although referred to \nas a \"test,\" it is not a bright-line test, but an approach to discerning the boundaries ofprotectable expression \nby isolating and comparing each level ofabstraction in \nthe two works, from the lowest (most detailed) to the \nhighest (most conceptual). Cf. ABSTRACTION-FILTRA\nTION-COMPARISON TEST; LOOK-AND-FEEL TEST. [Cases: \nCopyrights and Intellectual Property (;::>53(1).] \nabstract juridical act. See ACT. \nabstract of a fine. See NOTE OF A FINE. \nabstract ofconviction. A summary ofthe court's finding \non an offense, esp. a traffic violation. [Cases: Automo\nbiles ~144.2(5.1).] \nabstract ofjudgment. (1812) A copy or summary of a \njudgment that, when filed with the appropriate public \noffice, creates a lien on the judgment debtor's nonex\nempt property. See judgment lien under LIEN. [Cases: \nJudgment ~768(1).] \nabstract of record. An abbreviated case history that is \ncomplete enough to show an appellate court that the \nquestions presented for review have been preserved. \n[Cases: Appeal and Error Criminal Law \n1103.] \nabstract ofthe disclosure. See ABSTRACT (2). \nabstract ofthe specification. See ABSTRACT (2). \nabstract of title. (1858) A concise statement, usu. \nprepared for a mortgagee or purchaser ofreal property, \nsummarizing the history of a piece ofland, including \nall conveyances, interests, liens, and encumbrances that \naffect title to the property. Also termed brief; briefof \ntitle. [Cases: Abstracts ofTitle \ngood and merchantable abstract oftitle. An abstract \nof title shOWing clear, good, and marketable title, \nrather than showing only the history ofthe property. \nSee clear title, good title, and marketable title under \nTITLE (2). \nabstractor (ab-or <lb-strak-t<lr). A person who prepares \nabstracts of title. -Also spelled abstracter. [Cases: \nAbstracts ofTitle ~3.] \nabstract qnestion. See HYPOTHETICAL QUESTION. \nabsurdity, n. The state or quality ofbeing grossly unrea\nsonable; esp., an interpretation that would lead to an \nunconscionable result, esp. one that the parties or (esp. \nfor a statute) the drafters could not have intended and \nprobably never considered. Cf. GOLDEN RULE. [Cases: \nContracts ~154; Statutes 181(2).] \nA-B trust. See bypass trust under TRUST. \nab urbe condita (ab ar-bee kon-di-t<l). [Latin] From the \nfounding of the city (esp. Rome in 753 B.C.). -This \nterm is sometimes used in abbreviated form in clas\nsical dates. For example, the date \"23 A.U.C.\" means \n\"23 years after the founding of Rome,\" or 730 B.C. -\nAbbr. A.V.C. \nabuse (<I-byoos), n. (15c) 1. A departure from legal or \nreasonable use; misuse. 2. Physical or mental maltreat\nment, often resulting in mental, emotional, sexual, or \nphysical injury. -Also termed cruel and abusive treat\nment. Cf. NEGLECT; CRUELTY. \n\n11 \nabuse o/the elderly. (1971) Abuse of a senior citizen, \nesp. by a caregiver or relative. Examples include \ndeprivation of food or medication, beatings, oral \nassaults, and isolation. -Also termed elder abuse. \n[Cases: Assault and Battery C=>48.] \ncarnal abuse. See sexual abuse (1). \nchild abuse. (1891) 1. Intentional or neglectful physical \nor emotional harm inflicted on a child, including \nsexual molestation; esp., a parent's or caregiver's act \nor failure to act that results in a child's exploitation, \nserious physical or emotional injury, sexual abuse, \nor death. 2. An act or failure to act that presents an \nimminent risk of serious harm to a child. Child \nabuse can be either intentional or negligent. The first \ncase of child abuse actually prosecuted occurred in \nNew York City in 1874. An eight-year-old girl named \nMary Ellen was found to have been severely abused. \nHer abusers were prosecuted under the law for pre\nvention ofcruelty to animals, since no law protect\ning children then existed. Child abuse was first \nrecognized as a medical concern in 1962, when Dr. \ne. Henry Kempe introduced the medical concept \nofbattered-child syndrome. Also termed cruelty \nto a child; cruelty to children; child maltreatment. \nSee abused child under CHILD; battered child under \nCHILD; BATTERED-CHILD SYNDROME. Cf. secondary \nabuse. [Cases: Infants C=> 13-13.5(2), \ndomestic \t abuse. See domestic violence under \nVIOLENCE. \nelder abuse. See abuse 0/the elderly. \nemotional abuse. Physical or verbal abuse that causes \nor could cause serious emotional injury. -Also \ntermed mental abuse; psychological abuse. \nmental abuse. See emotional abuse. \npsychological abuse. See emotional abuse. \nsecondary abuse. Emotional harm suffered by children \nwho, although they are not physically abused, witness \ndomestic violence within their families. [Cases: \nInfants C=> 156.] \nsexual abuse. (1874) 1. An illegal or wrongful sex act, \nesp. one performed against a minor by an adult. \nAlso termed carnal abuse. [Cases: Assault and Battery \nC=>59; Rape 13.] 2. RAPE (2). [Cases: Rape C=> \n13.] \nspousal abuse. (l978) PhYSical, sexual, or psychologi\ncal abuse inflicted by one spouse on the other spouse; \nesp., wife-beating. See BATTERED-WOMAN SYNDROME. \n[Cases: Assault and Battery C=>48.] \nverbal abuse. Emotional abuse inflicted by one person \non another by means ofwords, esp. spoken words, in \na way that causes distress, fear, or similar emotions. \n Verbal abuse may include name-calling, insults, \nthreatening gestures, excessive and unfounded criti\ncism, humiliation, and denigration. -Also some\ntimes termed vulgar abuse. \nvulgar abuse. See verbal abuse. abuse-of-rights doctrine \nabuse (;:)-byooz), vb. (15c) 1. To damage (a thing). 2. To \ndepart from legal or reasonable use in dealing with \n(a person or thing); to misuse."}
{"text": "(a thing). 2. To \ndepart from legal or reasonable use in dealing with \n(a person or thing); to misuse. 3. To injure (a person) \nphYSically or mentally. 4. In the context of child welfare, \nto hurt or injure (a child) by maltreatment.  In most \nstates, a finding of abuse is generally limited to mal\ntreatment that causes or threatens to cause lasting harm \nto the child. \nabused child. See CHILD. \nabusee (;:)-byoo-zee), n. One who is or has been abused. \nabuse excuse. (l994) Criminal law. The defense that \na defendant cannot tell right from wrong or control \nimpulses because ofphYSical or mental abuse suffered \nas a child . Like the traditional excuse of insanity, \nthe abuse excuse is asserted by a defendant in an effort \nto mitigate or avoid culpability for the crime charged. \nCf. BATTERED-CHILD SYNDROME; BATTERED-WOMAN \nSYNDROME. [Cases: Criminal Law \nabuse ofdiscovery. See DISCOVERY ABUSE. \nabuse of discretion. (l8c) 1. An adjudicator's failure to \nexercise sound, reasonable, and legal decision-making. \n[Cases: Courts C=>26.]2. An appellate court's standard \nfor reviewing a decision that is asserted to be grossly \nunsound, unreasonable, illegal, or unsupported by the \nevidence. See DISCRETION (4). [Cases: Appeal and Error \nC=>946; Federal Courts C=>812.] \nabuse ofdistress. Hist. The wrongful seizure and use of \nanother's property as a means ofcollecting damages or \ncoercing the property's owner to perform a duty. \nabuse ofprocess. (1809) The improper and tortious use \nofa legitimately issued court process to obtain a result \nthat is either unlawful or beyond the process's scope. \nAlso termed abuse oflegal process; malicious abuse \nofprocess; malicious abuse o/legal process; wrongful \nprocess; wrongful process oflaw. Cf. MALICIOUS PROS\nECUTION. [Cases: Process C=> l72-213.] \n\"One who uses a legal process, whether criminal or civil, \nagainst another primarily to accomplish a purpose for \nwhich it is not designed is subject to liability to the other \nfor harm caused by the abuse of process.\" Restatement \n(Second) of Torts  682 (1977). \nabuse of rights. 1. Int'llaw. A country's exercise of a \nright either in a way that impedes the enjoyment by \nother countries of their own rights or for a purpose \ndifferent from that for which the right was created \n(e.g., to harm another country). 2. Louisiana law. A \nperson's exercise of a right in an unneighborly spirit \nthat provides no benefit to the person but causes \ndamage to the neighbor. \nabuse-of-rights doctrine. Civil law. The principle that a \nperson may be liable for harm caused by doing some\nthing the person has a right to do, if the right is exer\ncised (1) for the purpose or primary motive ofcausing \nharm, (2) without a serious and legitimate interest that \nis deserving ofjudicial protection, (3) against moral \nrules, good faith, or elementary fairness, or (4) for a \npurpose other than its intended legal purpose. [Cases: \nTorts C=>435.] \n\n12 abuse of the elderly \nabuse ofthe elderly. See ABUSE. \nabuse-of-the-writ doctrine. (I973) Criminal procedure. \nThe principle that a petition for a writ ofhabeas corpus \nmay not raise claims that should have been, but were \nnot, asserted in a previous petition. Cf. SUCCESSIVE\nWRIT DOCTRINE. [Cases: Habeas Corpus e:.~896.] \nabuser (a-byoo-zar), n. 1. One who abuses someone or \nsomething. 2. ABUSE (1). \nabusive (.3-byoo-siv), adj. 1. Characterized by wrongful \nor improper use <abusive discovery tactics>. 2. (Of a \nperson) habitually cruel, malicious, or violent <abusive \nparent>. -abusively, adv. \nabusus (.3-byoo-s.3s), n. Civil law. The right to dispose of \none's property. \nabut (a-b;)t), vb. (15c) To join at a border or boundary; to \nshare a common boundary with <the company's land \nin Arizona abuts the Navajo Indian reservation>. \nabutment (a-bat-mant), n. \nabuttals (a-b<'Jt-alz). (17c) Land boundaries; the boundary \nlines of a piece of land in relation to other contiguous \nlands. Also termed (archaically) buttals. \nabutter (a-bat-.3r). 1. The owner of adjoining land; one \nwhose property abuts another's. [Cases: Adjoining \nLandowners C=c 1.] \n\"The major right of [an abutter) is that of access to his \nproperty a right of reasonable ingress and egress. He \nis entitled to compensation for any substantial impairment \nof this reasonable access. The right normally includes the \nright to have, at some point, a driveway onto his premises. \nAn abutter does not have the right to the continued flow of \ntraffic in the same amount or pattern past his premises.\" \nOsborne M. Reynolds Jr., Handbook of Local Government \nLaw  180, at 620 (1982). \n2. Land that adjoins the land in question. \nabutting foot. See FRONT FOOT. \nale. abbr. ACCOUNT (4). \nacademic, adj. 1. Of or relating to a school or a field \nof study; esp., of or relating to a field of study that is \nnot vocational or commercial, such as the liberal arts \n<academic courses>. 2. Theoretical; specif., not practi\ncalor immediately useful <academic question>. \nacademic freedom. (1863) The right (esp. ofa university \nteacher) to speak freely about political or ideological \nissues without fear ofloss ofposition or other reprisaL \n[Cases: Colleges and Universities C=c8.l(3).] \nacademic lawyer. A law professor, usu. one who main\ntains a law practice on the side. \nAcademie de Droit International de La Haye. See \nHAGUE ACADEMY OF INTERNATIONAL LAW. \nacademy. 1. An institution of higher learning. 2. An \nassociation dedicated to the advancement of knowledge \nin a particular field, such as the American Academy of \nMatrimonial Lawyers. 3. A private high school. 4. (cap.) \nA garden near Athens where Plato taught; hence, the \nschool of philosophy that he led. \na cancellando (ay kan-sd-lan-doh). [Law Latin) From \ncanceling. \"It has its name of chancery, cancellaria, from the judge \nwho presides here, the lord chancellor or cancellaYius; who, \nSir Edward Coke tells us, is so termed a cancellando, from \ncancelling the king's letters patents when granted contrary \nto law ... .\" 3 William Blackstone, Commentaries on the \nLaws of England 46 (1768). \na cancellis (ay kan-sel-is), n. [Law Latin) Rist. A chancel\nlor, so called because he performed the duties of office \nbehind a cancelli (\"lattice\"). \na cancellis curiae explodi (ay kan-sel-is kyoor-ee-I ek\nsploh-dI). [Law Latin] Hist. To be expelled from the \nbar of the court. \na cause de cy (ay kaw-zd dd see), adv. [Law French] For \nthis reason. \naccedas ad curiam (ak-see-das ad kyoor-ee-am), n. [Law \nLatin \"you are to go to the court\"] Hist. An original \nwrit for removing a replevin action to a royal court \nfrom either of two feudal courts a court baron or a \nhundred court. -It is a recordare facias loquelam for \nreplevin actions. See RECORDARE FACIAS LOQUELAM. \naccede (ak-seed), vb. 1. To consent or agree. 2. To be \nadded (to something else) through accession. 3. To \nadopt. See ADOPTION (5). 4. (Of a body politic) to \naccept unification with or annexation into another \nbody politic. -accession, n. accedence (ak-see\ndants), n. \nAccelerated Cost Recovery System. An accounting \nmethod that is used to calculate asset depreciation and \nthat allows for the faster recovery of costs by assigning \nthe asset a shorter useful life than was previously per\nmitted under the Internal Revenue Code. -This system \napplies to property put into service from 1981 to 1986. \nIt was replaced in 1986 by the Modified Accelerated \nCost Recovery System. Abbr. ACRS. [Cases: Internal \nRevenueC=c3476.] \naccelerated depreciation. See DEPRECIATION. \naccelerated depreciation method. See DEPRECIATION \nMETHOD. \naccelerated disclosure. See accelerated discovery under \nDISCOVERY. \naccelerated discovery. See DISCOVERY. \naccelerated-reentry theory. See POST-EXPIRATION-SALES \nTHEORY. \naccelerated remainder. See REMAINDER. \nacceleration, n. 1. The advancing of a loan agreement's \nmaturity date so that payment of the entire debt is due \nimmediately. [Cases: Bills and Notes 129(2).) 2. \nThe shortening ofthe time for vesting in possession of \nan expectant interest. Also termed acceleration of \nremainder. [Cases: Remainders <~='5.]3. Property. The \nhastening ofan owner's time for enjoyment ofan estate \nbecause ofthe failure ofa preceding estate. 4. Securities. \nThe SEC's expediting of a registration statement's effec\ntive date so that the registrant bypasses the required \n20-day waiting period. -accelerate, vb. \nacceleration clause. (1905) A loan-agreement provision \nthat requires the debtor to payoff the balance sooner \n\n13 acceptance \nthan the due date if some specified event occurs, such as \nfailure to pay an installment or to maintain insurance. \nCf. DEMAND CLAUSE; INSECURITY CLAUSE. [Cases: Bills \nand Notes (::=> 129(2).] \nacceleration of remainder. See ACCELERATION (2). \nAcceptable Identification of Goods and Services \nManual. Trademarks. A U.S. Government publication \nthat sets forth, for goods and services, known accept\nable international class categorizations and descriptions \nthat may be used in trademark applications submit\nted to the U.S. Patent and Trademark Office. This \nmanual is available from the U.S. Government Printing \nOffice, Washington, D.C. 20402 and through the PTO's \nwebsite at http://www.uspto.gov. [Cases: Trademarks \n(::=> 1282, l369.] \nacceptance, n. (16c) 1. An offeree's assent, either by \nexpress act or by implication from conduct, to the \nterms ofan offer in a manner authorized or requested \nby the offeror, so that a binding contract is formed. If \nan acceptance modifies the terms or adds new ones, it \ngenerally operates as a counteroffer. Cf. OFFER. [Cases: \nContracts (::=>22(1).] \nacceptance by silence. Acceptance of an offer not by \nexplicit words but through the lack of an offeree's \nresponse in circumstances in which the relationship \nbetween the offeror and the offeree justifies both the \nofferor's expectation of a reply and the offeror's rea\nsonable conclusion that the lack of one signals accep\ntance. Ordinarily, silence does not give rise to an \nacceptance ofan offer. [Cases: Contracts (::=>22(1).] \nqualified acceptance. A conditional or partial accep\ntance that varies the original terms of an offer and \noperates as a counteroffer; esp., in negotiable instru\nments (bills of exchange), an acceptor's variation of \nthe terms of the instrument. [Cases: Bills and Notes \n(::=>83; Contracts (::=>23.] \n2. A buyer's assent that the goods are to be taken in per\nformance ofa contract for sale . Under UCC  2-606, \na buyer's acceptance consists in (1) signifying to the \nseller that the goods are conforming ones or that the \nbuyer will take them despite nonconformities, (2) not \nmaking an effective rejection, or (3) taking any action \ninconsistent with the seller's ownership. Ifthe contract \nis for the sale ofgoods that are not identified when the \ncontract is entered into, there is no acceptance until the \nbuyer has had a reasonable time to examine the goods. \nBut if the buyer deals with them as owner, as by resell\ning them, a court may find constructive acceptance. \n[Cases: Sales (::=> 178(1).] \n\"Acceptance means communicated acceptance .... [It] must \nbe something more than a mere mental assent.\" William \nR. Anson, Principles of the Law of Contract 34 (Arthur L. \nCorbin ed., 3d Am. ed. 1919). [But Corbin adds:] ''This use \nof the word 'communicated' is open to some objection. To \nvery many persons the word means that knowledge has \nbeen received. Frequently a contract is made even though \nthe offeror has no such knowledge. In such case the accep\ntance is not 'communicated' and yet it consummates the \ncontract.\" Id. n.2. \"Acceptance of a conveyance or of a document containing \na promise is a manifestation of assent to the terms thereof \nmade, either before or after delivery, in accordance with \nany requirements imposed by the grantor or promisor. If \nthe acceptance occurs before delivery and is not binding \nas an option contract, it is revocable until the moment \nof delivery.\" Restatement (Second) of Contracts  106 \n(1979). \n3. The formal receipt of and agreement to pay a nego\ntiable instrument. [Cases: Bills and Notes (::=>66-84.] \n4. A negotiable instrument, esp. a bill ofexchange, that \nhas been accepted for payment. \nacceptance au besoin (oh b;l-zwan). [French \"in case of \nneed\"] An acceptance by one who has agreed to pay \nthe draft in case the drawee fails to do so."}
{"text": "in case of \nneed\"] An acceptance by one who has agreed to pay \nthe draft in case the drawee fails to do so. \nacceptance for honor. An acceptance or undertaking \nnot by a party to the instrument, but by a third party, \nfor the purpose of protecting the honor or credit of \none of the parties, by which the third party agrees \nto pay the debt when it becomes due if the original \ndrawee does not.  This type of acceptance inures \nto the benefit ofall successors to the party for whose \nbenefit it is made. -Also termed acceptance supra \nprotest; acceptance for honor supra protest. [Cases: \nBills and Notes (::=>7l.] \n'''Acceptance for honour supra protest' is an exception \nto the rule that only the drawee can accept a bill. A bill \nwhich has been dishonoured by non-acceptance and is not \noverdue may, with the consent of the holder, be accepted in \nthis way for the honour of either the drawer or an indorser \n(i.e., to prevent the bill being sent back upon the drawer or \nindorser as unpaid) by a friend placing his own name upon \nit as acceptor for the whole, or part only, of the amount of \nthe bill; after a protest has been drawn up declaratory of its \ndishonour by the drawee. Similarly, where a bill has been \ndishonoured by non-payment and protested any person \nmay intervene and pay it supra protest for the honour of \nany person liable thereon; the effect being to discharge \nall parties subsequent to the party for whose honour it is \npaid.\" 2 Stephen's Commentaries on the Laws of England \n202-03 (L. Crispin Warmington ed., 21 st ed. 1950). \naccommodation acceptance. (1807) The acceptance of \nan offer to buy goods for current or prompt shipment \nby shipping nonconforming goods after notifying the \nbuyer that the shipment is intended as an accommo\ndation. This type of \"acceptance\" is not truly an \nacceptance under contract law, but operates instead \nas a counteroffer ifthe buyer is duly notified. [Cases: \nSales (::=>23(4).] \nbanker'S acceptance. A bill ofexchange drawn on and \naccepted by a commercial bank.  Banker'S accep\ntances are often issued to finance the sale ofgoods in \ninternational trade. -Abbr. BA. -Also termed bank \nacceptance. [Cases: Banks and Banking (::=> 189; Bills \nand Notes (::=> 15l.] \nblank acceptance. Acceptance by a bill-of-exchange \ndrawee before the bill is made, as indicated by the \ndrawee's signature on the instrument. \nconditional acceptance. An agreement to pay a draft \non the occurrence or nonoccurrence of a particular \nevent. [Cases: Bills and Notes (::=>83.] \n\n14 acceptance au besoin \nexpress acceptance. A written or oral expression indi\ncating that the drawee has seen the instrument and \ndoes not dispute its sufficiency . While a written \nacceptance is typically signified by the stamped or \nwritten word \"accepted\" or \"presented,\" usu. on the \ninstrument itself, an oral acceptance must be made \ndirectly to a drawer or holder who has waived the \nright to a written acceptance. \nimplied acceptance. An acceptance implied by a drawee \nwhose actions indicate an intention to comply with \nthe request of the drawer; conduct by the drawee from \nwhich the holder is justified in concluding that the \ndrawee intends to accept the instrument. [Cases: Bills \nand Notes <>=-70.] \nspecial acceptance. An acceptance that departs from \neither the terms of a bill or the terms added to but \nnot otherwise expressed in a bilL. An example is an \nacceptance ofa draft as payable in a particular place \neven though the draft contains no such limitation. \nBills and Notes (;::::>83.] \ntrade acceptance. A bill of exchange for the amount \nof a specific purchase, drawn on and accepted by the \nbuyer for payment at a speCified time. [Cases: Bills \nand Notes (;=)1.] \n5. An insurer's agreement to issue a policy ofinsurance. \n[Cases: Insurance (;::::> 1731.] \n\"And in some instances, insurance companies have even \nspecified in the application forms that acceptance of an \napplicant'S offer will not occur until the insurance policy \nis literally delivered to the applicant that is, the insurer \nchooses to structure the arrangement so that acceptance \nis to be manifested by the physical delivery of the insur\nance policy to the applicant.\" Robert E. Keeton & Alan I. \nWidiss, Insurance Law: A Guide to Fundamental Principles, \nLegal Doctrines, and Commercial Practices  2.1, at 39-40 \n(1988). \n6. An heir's agreement to take an inheritance. See TACIT \nACCEPTANCE. 7. See ADOPTION (5). accept, vb. \nacceptance au besoin. See ACCEPTANCE (4). \nacceptance by silence. See ACCEPTANCE (1). \nacceptance company. See sales finance company under \nFI:-lANCE COMPANY. \nacceptance credit. See time letter ofcredit under LETTER \nOF CREDIT. \nacceptance criteria. Intellectual Property. Agreed-on \nperformance standards that custom-made products \nsuch as computer software or hardware or a commer\ncial website must meet before the customer is legally \nobligated to accept the product and pay for it. \nacceptance doctrine. Construction law. The principle \nthat, once a property owner accepts the work ofa con\ntractor, the contractor is not liable to third parties for \nan injury arising from the contractor's negligence in \nperforming under the contract, unless the injury results \nfrom a hidden, imminently dangerous defect that the \ncontractor knows about and the owner does not know \nabout. Also termed accepted-work doctrine. [Cases: \nNegligence 1205(8).J acceptance for honor. See ACCEPTANCE (4). \nacceptance-of-the-benefits rule. (1972) The doctrine \nthat a party may not appeal a judgment after having \nvoluntarily and intentionally received all or some part \nof the relief provided by it. [Cases: Appeal and Error \nC::c160; Federal Courts (;::::>543.] \nacceptance sampling. The practice of examining only \na few items from a shipment to determine the accept\nability ofthe whole shipment. \nacceptance supra protest. See acceptance for honor \nunder ACCEPTANCE (4). \nacceptance testing. Intellectual Property. Formal experi\nments conducted by or on behalf of the customer to \ndetermine whether computer software or hardware or \na commercial website satisfies the customer's accep\ntance criteria . Usu., an acceptance-testing provision \nin a sales contract or license agreement is accompanied \nby a termination provision allowing the customer to \nback out of the contract if the product is not accept\nable. Also termed requirements testing. See ACCEP\nTANCE CRITERIA. [Cases: Copyrights and Intellectual \nProperty (;::::> lO7.] \nacceptare (ak-sep4air-ee), vb. [Latin] Civil law. To accept \nor assent to, as a promise made by another. \naccepted-work doctrine. See ACCEPTANCE DOCTRINE. \nacceptilation (ak-sep-td-lay-sh;m), n. [fro Latin accepti\nlatio \"release\"] Roman & civil law. An oral release from \nan obligation even though payment has not been made \nin full; a complete discharge, esp. through a fictitious \npayment. Also termed (in Roman law) acceptilatio. \nCf.APOCHA. \nacceptor. A person or entity that accepts a negotiable \ninstrument and agrees to be primarily responsible for \nits or performance. [Cases: Bills and Notes \nacceptor supra protest. One who accepts a bill that \nhas been protested, for the honor of the drawer or an \nindorser. See acceptance for honor under ACCEPTANCE \n(4). [Cases: Bills and Notes C=>71,80.] \naccept service. To agree that process has been properly \nserved even when it has not been. Also termed accept \nservice ofprocess. [Cases: Process 166.] \naccess, n. 1. An opportunity or ability to enter, approach, \npass to and from, or communicate with <access to the \ncourts>. 2. Family law. VISITATION (2). 3. Family law. \nThe opportunity to have sexual intercourse. Cf. NON\nACCESS. \nmultiple access. Hist. In a paternity suit, the defense \nthat the mother had one or more sexual partners \nother than the defendant around the time ofconcep\ntion. The basis for the defense is that because the \nmother bears the burden of proof, she must be able \nto prove that only the defendant could be the child's \nfather. In some jurisdictions, this is still known by its \ncommon-law name, the exceptio plurium concuben\ntium defense, or simply the plurium defense. Juries \nor judges who wished to dismiss the case because \n\n15 accessory \nof the mother's promiscuity, rather than because of \nthe improbability of the defendant's paternity, often \naccepted this defense. Most states have now abro\ngated the defense. In recent years the issue of multiple \naccess has declined in importance with the rise of \nhighly accurate paternity testing. [Cases: Children \nOut-of-Wedlock C=;>50.] \n4. Patents & Trademarks. The right to obtain infor\nmation about and to inspect and copy U.S. Patent and \nTrademark Office files of patents, patent applications, \ntrademark applications, and inter partes proceedings \npertaining to them. 5. Copyright. An opportunity \nby one accused of infringement to see, hear, or copy \na copyrighted work before the alleged infringement \ntook place <the duplication of the error proved that \nthe defendant had access to the work> . Proof of access \nis required to prove copyright infringement unless the \ntwo works are strikingly similar. [Cases: Copyrights \nand Intellectual Property C=;>83(3.1).] \n\"Since direct evidence of copying is rarely available, a \nplaintiff can rely upon circumstantial evidence to prove \nthis essential element; the most important component \nof such circumstantial evidence to support a copyright \ninfringement claim is proof of access. Evidence of access \nand substantial similarity create an inference of copying \nand establish a prima facie case of copying.\" 18 Am. Jur. 2d \nCopyright and Literary Property  206 (1985). \n6. Copyright. The right to obtain information about \nand to inspect and copy U.S. Copyright Office files and \ndeposited materials. See (for senses 3 & 4) POWER TO \nINSPECT. -access, vb. \naccess easement. See EASEMENT. \naccessio (ak-s;}sh-ee-oh) n. [Latin] Roman law. 1. The \ndoctrine by wp.ich something of lesser size, value, or \nimportance is integrated into something of greater size, \nvalue, or importance. \n\"If the identity of one thing (the accessory) is merged and \nlost in the identity of the other (the principal), the owner \nof the principal is the owner of the thing.... There is \nsaid to be accessio . ... The term is used by some com\nmentators (and, following them, by the French Civil Code) \nin a much wider sense to include all cases in which there \nhas been an addition to my right, i.e. in which the object \nof my ownership has increased. The owner of an animal \ntherefore acquires ownership of the young of the animal at \nbirth by accessio, though in physical terms there has been \nnot an accession but a separation. In this sense accessio \nincludes all the original natural modes except occupatio \nand thesauri inventio. And there are other, intermediate, \nmeanings. Since accessio as an abstract word is not Roman \nand no clear classification emerges from the texts, no one \nmeaning or classification can be said to be 'right,' but \nthose adopted by the French Civil Code are so wide as to \nbe almost meaningless.\" Barry Nicholas, An Introduction to \nRoman Law 133 & n.1 (1962). \n2. ACCESSION (4). \naccession (ak-sesh-.m). (16c) 1. The act of acceding or \nagreeing <the family's accession to the kidnapper's \ndemands>. 2. A coming into possession of a right or \noffice <as promised, the state's budget was balanced \nwithin two years after the governor's accession>. 3. Int'l \nlaw. A method by which a nation that is not among a \ntreaty's original signatories becomes a party to it. <Italy became a party to the nuclear-arms treaty by accession>. \nSee Vienna Convention on the Law ofTreaties, art. 15 \n(1155 U.N.T.S. 331, 8 LL.M. 679 (1969)). -Also termed \nadherence; adhesion. See INSTRUMENT OF ACCESSION. 4. \nThe acquisition of title to personal property by bestow\ning labor on a raw material to convert it to another \nthing <the owner's accession to the lumber produced \nfrom his land>. -Also termed (in Roman law) accessio. \nSee ADJUNCTION (2). [Cases: Accession C=;> 1.] \n\"Accessio is the combination of two chattels belonging to \ndifferent persons into a single article: as when A's cloth \nis used to patch B's coat, or a vehicle let on hirepurchase \nhas new accessories fitted to it.\" R.F.V. Heuston, Salmond \non the Law of Torts 113 (17th ed. 1977). \n5. A property owner's right to all that is added to the \nproperty (esp. land) naturally or by labor, including \nland left by floods and improvements made by others \n<the newly poured concrete driveway became the hom\neowner,s property by accession> . In Louisiana law, \naccession is the owner's right to whatever is produced \nby or united with something, either naturally or arti\nficially. La. Civ. Code arts. 483, 490, 507. Cf. ANNEXA\nTION. 6. An improvement to existing personal property, \nsuch as new shafts on golf clubs. \n\"The problem of accessions arises infrequently, judging \nfrom reported cases, but an obvious instance of the dif\nficulty arises where a motor vehicle is being financed by \na secured party and the debtor in possession of necessity \nacquires a new engine or new tires for the vehicle .... Ifthe \nseller of the engine or tires reserved a security interest at \nthe time the goods were installed, the seller should prevail \nover the vehicle's secured party, with a right to remove \nthe accessions. Conversely, if the sale were on open credit \nwith no security interest reserved, or if the seller acquired \na security interest after installation of the goods, then the \nfinancer of the"}
{"text": "\nwith no security interest reserved, or if the seller acquired \na security interest after installation of the goods, then the \nfinancer of the vehicle should prevail.\" Ray D. Henson, \nHandbook on Secured Transactions Under the Uniform \nCommercial Code  4-22, at 93 (2d ed. 1979). \n7. The physical uniting of goods with other goods in \nsuch a manner that the identity ofthe original goods is \nnot lost. UCC  9-102(a)(I). 8. ACCESSORYSHIP. \naccess order. See VISITATION ORDER. \naccessorial (ak-s;}-sor-ee-;}l), adj. 1. (Of a promise) made \nfor the purpose of strengthening another's credit <an \naccessorial pledge by way of guaranty>. -Also termed \naccessory. 2. Criminal law. Of or relating to the acces\nsory in a crime <accessorial guilt>. [Cases: Criminal \nLaw C=;>68-77.] \naccessorial obligation. See COLLATERAL OBLIGATION. \naccessory (ak-ses-;}-ree), n. (15c) 1. Something of sec\nondary or subordinate importance. 2. Criminal law. A \nperson who aids or contributes in the commission or \nconcealment of a crime . An accessory is usu. liable \nonly if the crime is a felony. Cf. PRINCIPAL (2). [Cases: \nCriminal LawC=;>68-77; HomicideC=;>573.]- acces\nsory, adj. -accessoryship, n. \n\"In most jurisdictions, the common-law distinctions \nbetween principals and accessories have largely been \nabolished, although the pertinent statutes vary in form \nand substance. Conceptually, the common-law pattern \nremains the same: The person who aids, abets, commands, \ncounsels, or otherwise encourages another to commit a \ncrime is still regarded as a party to the underlying crime \n\n16 accessory building \nas at common law, even though the labels principal in the \nfirst degree, principal in the second degree, and accessory \nbefore the fact are no longer used, and even though it \nusually does not matter whether the aider and abettor is or \nis not present at the scene ofthe crime.\" 1 Charles E. Torcia, \nWharton'S Criminal Law  35, at 202-03 (l5th ed. 1993). \naccessory after the fact. (I7c) An accessory who was \nnot at the scene of the crime but knows that a crime \nhas been committed and who helps the offender try \nto escape arrest or punishment. 18 USCA  3. -Most \npenal statutes establish the folloWing four require\nments: (1) someone else must have committed a \nfelony, and it must have been completed before the \naccessory's act; (2) the accessory must not be guilty as \na principal; (3) the accessory must personally help the \nprincipal try to avoid the consequences of the felony; \nand (4) the accessory's assistance must be rendered \nwith guilty knowledge. An accessory after the fact \nmay be prosecuted for obstructing justice. -Some\ntimes shortened to accessory after. [Cases: Criminal \nLaw (>74, 82.] \n\"At common law, an accessory after the fact is one who, \nknowing that a felony has been committed by another, \nreceives, relieves, comforts, or assists the felon, or in any \nmanner aids him to escape arrest or punishment. To be \nguilty as an accessory after the fact one must have known \nthat a completed felony was committed, and that the \nperson aided was the guilty party. The mere presence of \nthe defendant at the scene of the crime will not preclude \na conviction as an accessory after the fact, where the \nevidence shows the defendant became involved in the \ncrime after its commission.\" 21 Am. jur. 2d Criminal Law \n 209, at 275-76 (1998). \naccessory at the fact. See principal in the second degree \nunder PRINCIPAL (2). \n\"A principal in the second degree is one by whom the \nactual perpetrator of the felony is aided and abetted at \nthe very time when it is committed; for instance, a car \nowner sitting beside the chauffeur who kills someone by \nover-fast driving, or a passenger on a dandestinejoy-riding \nexpedition which results in manslaughter; or a bigamist's \nsecond 'wife,' if she knows he is committing bigamy. (In \nearly law he was not ranked as a principal at ali, but only \nas a third kind of accessory the accessory at the fact.)\" \nj.W. Cecil Turner, Kenny's Outlines ofCriminal Law 86 (l6th \ned.1952). \naccessory before the fact. (17c) An accessory who assists \nor encourages another to commit a crime but who is \nnot present when the offense is actually committed. \n-Most jurisdictions have abolished this category of \naccessory and instead treat such an offender as an \naccomplice. -Sometimes shortened to accessory \nbefore. See ACCOMPLlCE. [Cases: Criminal Law (> \n68,8l.] \n\"An accessory before the fact is a person who procures or \nadvises one or more of the principals to commit the felony. \nThis definition requires from him an instigation so active \nthat a person who is merely shown to have acted as the \nstake-holder for a prize-fight, which ended fatally, would \nnot be punishable as an accessory. The fact that a crime \nhas been committed in a manner different from the mode \nwhich the accessory had advised will not excuse him from \nliability for it. Accordingly if A hires B to poison C, but B \ninstead kills C by shooting him, A is none the less liable as \naccessory before the fact to COs murder. But a man who has \ncounselled a crime does not become liable as accessory \nif, instead of any form of the crime suggested, an entirely different offence is committed.\" J.W. Cecil Turner, Kenny's \nOutlines ofCriminal Law 88 (16th ed. 1952). \naccessory building. See BUILDING. \naccessory contract. See CONTRACT. \naccessory obligation. See OBLlGATION. \naccessory right. See RIGHT. \naccessoryship. The status or fact ofbeing an accessory. \nAlso termed (loosely) accession. \naccessory thing. See THING. \naccessory use. See USE (1). \naccess to counsel. See RIGHT TO COUNSEL. \naccess to justice. The ability within a society to use courts \nand other legal institutions effectively to protect one's \nrights and pursue claims. \naccess-to-justice commissiou. An agency of a state's \njudicial system designed to encourage the judicial, \nexecutive, and legislative branches ofgovernment, the \nbar, law schools, legal-aid providers, and others to work \ntogether to proVide civil legal services to low-income \ncitizens. \naccident, n. (14,) 1. An unintended and unforeseen inju\nrious occurrence; something that does not occur in the \nusual course of events or that could not be reasonably \nanticipated. 2. Equity practice. An unforeseen and \ninjurious occurrence not attributable to the victim's \nmistake, negligence, neglect, or misconduct; an unan\nticipated and untoward event that causes harm. \n\"The word 'accident,' in accident poliCies, means an event \nwhich takes place without one's foresight or expecta\ntion. A result, though unexpected, is not an accident; \nthe means or cause must be aCCidental. Death resulting \nfrom voluntary physical exertions or from intentional acts \nof the insured is not aCCidental, nor is disease or death \ncaused by the viciSSitudes of climate or atmosphere the \nresult of an accident; but where, in the act which precedes \nan injury, something unforeseen or unusual occurs which \nproduces the injury, the injury results through accident.\" \nlAjohn Alan Appleman &jean Appleman, Insurance Law \nand Practice  360, at 455 (rev. vol. 1981). \n\"Policies of liability insurance as well as property and \npersonal injury insurance frequently limit coverage to \nlosses that are caused by 'accident.' In attempting to \naccommodate the layman's understanding of the term, \ncourts have broadly defined the word to mean an occur\nrence which is unforeseen, unexpected, extraordinary, \neither by virtue of the fact that it occurred at all, or because \nof the extent of the damage. An aCCident can be either a \nsudden happening or a slowly evolving process like the \npercolation of harmful substances through the ground. \nQualification of a particular incident as an accident seems \nto depend on two criteria; 1. the degree of foreseeability, \nand 2. the state of mind of the actor in intending or not \nintending the result.\" John F. Dobbyn, Insurance Law in a \nNutshell 128 (3d ed. 1996). \nculpable accident. An accident due to negligence. _ A \nculpable accident, unlike an unavoidable accident, \nis no defense except in those few cases in which \nwrongful intent is the exclusive and necessary basis \nfor liability. \nunavoidable accident. An accident that cannot be \navoided because it is produced by an irresistible \n\n17 \nphysical cause that cannot be prevented by human \nskill or reasonable foresight.  Examples include acci\ndents resulting from lightning or storms, perils ofthe \nsea, inundations or earthquakes, or sudden illness \nor death. Unavoidable accident has been considered \na means of avoiding both civil and criminalliabil\nity. Also termed inevitable accident; pure accident; \nunavoidable casualty. Cf. ACT OF GOD. lCases: Auto\nmobiles (::::::.201(10); Negligence (::::::-440.] \n\"Inevitable accident ... does not mean a catastrophe which \ncould not have been avoided by any precaution whatever, \nbut such as could not have been avoided by a reasonable \nman at the moment at which it occurred, and it is common \nknowledge that a reasonable man is not credited with per \nfection of judgment.\" P.H. Winfield, A Textbook of the Law \nof Tort  15, at 43 (5th ed. 1950). \n\"An unavoidable accident is an occurrence which was not \nintended and which, under all the circumstances, could \nnot have been foreseen or prevented by the exercise of \nreasonable precautions. That is, an accident is considered \nunavoidable or inevitable at law if it was not proximately \ncaused by the negligence of any party to the action, or to \nthe accident:' W. Page Keeton et al.. The Law ofTorts  29, \nat 162 (5th ed. 1984). \naccidental, adj. 1. Not having occurred as a result of \nanyone's purposeful act; esp., resulting from an event \nthat could not have been prevented by human skill or \nreasonable foresight. 2. Not having been caused by a \ntortious act. \naccidental death. See DEATH. \naccidental-death benefit. An insurance-policy provi\nsion that allows for an additional payment (often double \nthe face amount of the policy) if the insured dies as a \nresult of an accident, as defined in the policy, and not \nfrom natural causes. Abbr. ADB. [Cases: Insurance \n(,'='2599.] \naccidental harm. See HARM. \naccidentalia (ak-si-den-tay-lee-;J). [Law Latin \"accidental \nthings\"] Hist. Incidents ofa contract; nonessential con\ntractual terms to which the parties expressly stipulate. \nCf. ESSENTALIA. \n\"Accidentalia have their existence entirely by express stipu \nlation, and are never presumed without it.\" William Bell, \nBel/'S Dictionary and Digest of the Law of Scotland 406 \n(George Watson ed., 7th ed. 1890). \naccidentalia feudi (ak-si-den-tay-lee-a fyoo-dl). [Law \nLatin] Hist. All nonessential terms in a feudal contract; \nesp., those that are not essential to the fee (such as \nbuilding restrictions). Cf. ESSENTIALIA FEUD!. \naccidental injury. See INJURY. \naccidental killing. (17c) Homicide resulting from a lawful \nact performed in a lawful manner under a reasonable \nbelief that no harm could occur. -Also termed death \nby misadventure; homicide by misadventure; killing by \nmisadventure; homicide per infortunium. Seejustifiable \nhomicide under HOMICIDE; involuntary manslaughter \nunder MANSLAUGHTER. Cf. MALICIOUS KILLING. [Cases: \nHomicide \naccidental stranding. See STRANDING. accommodation \naccident and health insurance. See health insurance \nunder INSURANCE. \naccident-based insurance. See occurrence-based liability \ninsurance under INSURANCE. \naccident insurance. See INSURANCE. \naccident policy. See INSURANCE POLICY. \naccidere (ak-sid-;Jr-ee), vb. [Latin] Civil law. 1. To fall \ndown. 2. By extension, to befall or happen to. \naccipe ecclesiam (ak-si-pee e-klee-z[h]ee-;Jm). [Law \nLatin]lIist. Eccles. law. Receive this church or living. \n The phrase was used by Patrons in presenting an \nincumbent to a vacant parish. Trado tibi ecclesiam (\"I \ndeliver this church [or living] to you\") was also used. \nCf. TRADO TIBI ECCLESIAM. \naccipere (ak-sip-;Jr-ee), vb. [Latin] Civil law. To receive; \nesp., to take under a wilL \naccipitare (ak-sip-;>-tair-ee), vb. [Law Latin] Hist. To pay \n(a lord) in order to become a vassal; esp., to pay relief \nupon succeeding to an estate. \nacclamation. Parliamentary law. 1. Approval or election \nby general consent, usu. demonstrated by applause or \ncheering. Election by acclamation is common in large \nconventions where only one candidate has been nomi\nnated. 2. Voting by applause or shouting. \naccola (ak-;>-[;, n. [Latin \"person living nearby\"] 1. \nRoman law. A person who inhabits or occupies land \nnear a certain place, such as one who dwells near a river. \n2. Hist. An agricultural tenant; a tenant of a"}
{"text": "near a certain place, such as one who dwells near a river. \n2. Hist. An agricultural tenant; a tenant of a manor. \naccomenda (ak-;>-men-d;. Hist. Maritime law. A \ncontract between a cargo owner and a shipmas\nter whereby the parties agree to sell the cargo and \ndivide the profits (after dedUCting the owner's costs). \n This contract actually consists of two agreements: a \nmandatum, by which the owner gives the shipmaster \nthe power to dispose of the cargo, and a partnership \ncontract, by which the parties divide any profits arising \nfrom the sale. See MANDATE (5). \naccommodated party. A party for whose benefit an \naccommodation party signs and incurs liability. Cf. \nACCOMMODATION PARTY. [Cases: Bills and Notes (:::::: \n48,122.] \naccommodation, n. (17c) 1. A loan or other financial \nfavor. 2. The act of signing an accommodation paper as \nsurety for another. See ACCOMMODATION PAPER. 3. The \nact or an instance of making a change or provision for \nsomeone or something; an adaptation or adjustment. \n4. A convenience supplied by someone; esp., lodging \nand food. \npublic accommodation. (1859) A business that provides \nlodging, food, entertainment, or other services to \nthe public; esp. (as defined by the Civil Rights Act \nof 1964), one that affects interstate commerce or is \nsupported by state action. [Cases: Civil Rights \n1043.] \nreasonable accommodation. An adaptation, adjust\nment, or allowance made for a disabled person's needs \n\n18 accommodation acceptance \nor an employee's religious beliefs or practices without \nimposing an undue hardship on the party taking the \naction. -Under the Americans with Disabilities Act, \nan employer must make reasonable accommodations \nfor an employee'S disability. Examples of reasonable \naccommodations that have been approved by the \ncourts include providing additional unpaid leave, \nmodifying the employee's work schedule, and reas\nsigning the employee to a more appropriate, vacant \nposition. See undue hardship under HARDSHIP. [Cases: \nCivil Rights (;::::; 1020, 1162, 1225.] \naccommodation acceptance. See ACCEPTANCE (4). \naccommodation bill. See ACCOMMODATION PAPER. \naccommodation director. See dummy director under \nDIRECTOR. \naccommodation indorsement. See INDORSEMENT. \naccommodation indorser. See INDORSER. \naccommodation land. See LAND. \naccommodation line. Insurance. One or more policies \nthat an insurer issues to retain the business ofa valued \nagent, broker, or customer, even though the risk would \nnot be accepted under the insurer's usual standards. \naccommodation loan. See LOAK. \naccommodation maker. See MAKER. \naccommodation note. See NOTE (1). \naccommodation paper. (18c) A negotiable instrument \nthat one party cosigns, without receiving any consid\neration, as surety for another party who remains pri\nmarily liable. -An accommodation paper is typically \nused when the cosigner is more creditworthy than the \nprincipal debtor. -Also termed accommodation bill; \naccommodation note. [Cases: Bills and Notes \n96.] \naccommodation party. (1812) A person who, without \nrecompense or other benefit, signs a negotiable instru\nment for the purpose ofbeing a surety for another party \n(called the accommodated party) to the instrument. \nThe accommodation party can sign in any capacity (Le., \nas maker, drawer, acceptor, or indorser). An accommo\ndation party is liable to all parties except the accom\nmodated party, who impliedly agrees to pay the note or \ndraft and to indemnify the accommodation party for \nall losses incurred in having to pay it. See SURETY. Cf. \nACCOMMODATED PARTY. [Cases: Bills and Notes \n49,96, 122.] \naccommodation subpoena. Seefriendly subpoena under \nSUBPOENA. \naccommodation surety. See voluntary surety under \nSURETY. \naccommodatum (d-kom-d-day-tdm), n. See COMMODA\nTUM. \naccompany, vb. To go along with (another); to attend. \n_ In automobile-accident cases, an unlicensed driver \nis not considered accompanied by a licensed driver \nunless the latter is close enough to supervise and help \nthe former. accomplice (;l-kom-plis). (1854) 1. A person who is in \nany way involved with another in the commission of \na crime, whether as a principal in the first or second \ndegree or as an accessory. -Although the definition \nincludes an accessory before the fact, not all authorities \ntreat this term as including an accessory after the fact. \n[Cases: Criminal Law (;::::;59.] \n\"There is some authority for using the word 'accomplice' to \ninclude all principals and all accessories, but the preferred \nusage is to include all principals and accessories before \nthe fact, but to exclude accessories after the fact. If this \nlimitation is adopted, the word 'accomplice' will embrace \nall perpetrators, abettors and inciters.\" Rollin M. Perkins & \nRonald N. Boyce, Criminal Law 727 (3d ed. 1982). \n\"A person is an 'accomplice' of another in committing a \ncrime if, with the intent to promote or facilitate the com \nmission of the crime. he solicits, requests, or commands \nthe other person to commit it, or aids the other person in \nplanning or committing it.\" 1 Charles E. Torcia, Wharton'S \nCriminal Law  38, at 220 (15th ed. 1993). \n2. A person who knowingly, voluntarily, and intention\nally unites with the principal offender in committing \na crime and thereby becomes punishable for it. See \nACCESSORY. Cf. PRINCIPAL (2). \n\"By definition an accomplice must be a person who acts \nwith the purpose of promoting or facilitating the commis \nsion of the substantive offense for which he is charged as \nan accomplice. State v. White, N.J. 1984,484 A.2d 691,98 \nN.J. 122.\" Model Penal Code  2.06 annot. (1997). \naccomplice liability. See LIABILITY. \naccomplice witness. See WITNESS. \naccompt. See ACCOUNT (1). \naccord, n. (14c) 1. An amicable arrangement between \nparties, esp. between peoples or nations; COMPACT; \nTREATY. 2. An offer to give or to accept a stipulated per\nformance in the future to satisfy an obligor's existing \nduty, together with an acceptance of that offer. -The \nperformance becomes what is known as a satisfac\ntion. -Also termed executory accord; accord execu\ntory. See ACCORD AND SATISFACTION; SATISFACTION. \nCf. COMPROMISE; NOVATION. [Cases: Accord and Sat\nisfaction (;::::; 1.1 \n\"An accord is a contract under which an obligee promises to \naccept a stated performance in satisfaction of the obligor's \nexisting duty. Performance of the accord discharges the \noriginal duty,\" Restatement (Second) of Contracts  281(1) \n(1979). \n\"The term executory accord is sometimes used to under \nscore the point that the accord itself does not discharge \nthe duty. It also reflects an historical anachronism, now \ngenerally rejected, under which an unperformed accord \nwas not a defense to an action on the underlying duty.\" \nE. Allan Farnsworth, Contracts  4.24, at 289 n.10 (3d ed. \n1999). \n3. A signal used in a legal citation to introduce a case \ndearly supporting a proposition for which another case \nis being quoted directly. \naccord, vb.!. To furnish or grant, esp. what is suitable \nor proper <accord the litigants a stay of costs pending \nappeal>. 2. To agree <they accord in their opinions>. \naccord and satisfaction. (18c) An agreement to sub\nstitute for an existing debt some alternative form of \n\n19 \ndischarging that debt, coupled with the actual dis\ncharge of the debt by the substituted performance. \n The new agreement is called the accord, and the \ndischarge is called the satisfaction. Cf. COMPROMISE; \nNOVATION; SETTLEMENT (2), (3). [Cases: Accord and \nSatisfaction ~1.] \n\"'Accord and satisfaction' means an agreement between \nthe parties that something shall be given to, or done for, \nthe person who has the right of action, in satisfaction of \nthe cause of action. There must be not only agreement \n('accord') but also consideration ('satisfaction'). Such an \narrangement is really one of substituted performance.\" 1 \nEW. Chance, Principles ofMercantile Law 101 (PW. French \ned., 13th ed. 1950). \naccordant (;}-kor-d;mt), adj. In agreement <accordant \nwith these principles>. \naccord executory. See ACCORD (2). \naccouchement (;}-koosh-m;}nt or ak-oosh-mawn). \n[French] Childbirth. \naccount, n. (14c) 1. ACCOUNTING (3) <the principal filed \nan action for account against his agent>. -Also spelled \n(archaically) accompt. [Cases: Account ~1-7] \n\"The action of account lies where one has received goods \nor money for another in a fiduciary capacity, to ascertain \nand recover the balance due. It can only be maintained \nwhere there is such a relationship between the parties, as \nto raise an obligation to account, and where the amount \ndue is uncertain and unliquidated.\" Benjamin J. Shipman, \nHandbook of Common-Law Pleading  56, at 144 (Henry \nWinthrop Ballantine ed., 3d ed. 1923). \n2. ACCOUNTING (4) <the contractor filed an action for \naccount against the nonpaying customer>. 3. A state\nment by which someone seeks to describe or explain \nan event <Fred's account of the holdup differed sig\nnificantly from Martha's>. 4. A detailed statement of \nthe debits and credits between parties to a contract or \nto a fidUciary relationship; a reckoning of monetary \ndealings <the trustee balanced the account at the end \nof each month>. In wills and estates, an account is \na brief financial statement of the manner in which an \nexecutor or administrator has performed the official \nduties ofcollecting the estate's assets and paying those \nwho are entitled. An account charges the executor or \nadministrator with the value of the estate as shown \nby the inventory, plus any increase, and credits the \nexecutor with expenses and costs, duly authorized dis\nbursements, and the executor's commission. -Abbr. \nacct.; ale. -Also termed accounting. See STATEMENT \nOF ACCOUNT. 5. A course ofbusiness dealings or other \nrelations for which records must be kept <open a bro\nkerage account>. \naccount in trust. An account established by an individ\nual to hold the account's assets in trust for someone \nelse. [Cases: Trusts ~34.] \naccount payable. (usu. pl.) (1936) An account reflecting \na balance owed to a creditor; a debt owed by an enter\nprise in the normal course of business dealing. \nOften shortened to payable; payables. -Also termed \nnote payable. PI. accounts payable. account \naccount receivable. (usu. pl.) (1936) An account reflect\ning a balance owed by a debtor; a debt owed by a \ncustomer to an enterprise for goods or services. \nOften shortened to receivable; receivables. -Also \ntermed note receivable. PI. accounts receivable. \naccount rendered. An account produced by the creditor \nand presented for the debtor's examination and accep\ntance. \naccount settled. An account with a paid balance. \naccount stated. (17c) 1. A balance that parties to a \ntransaction or settlement agree on, either expressly or \nby implication . The phrase also refers to the agree\nment itself or to the assent giving rise to the agree\nment. [Cases: Account Stated ~1.] \n\"An account stated is a manifestation of assent by debtor \nand creditor to a stated sum as an accurate computation \nof an amount due the creditor.\" Restatement (Second) of \nContracts  282(1) (1979). \n\"If a creditor and a debtor wish to compromise or liqui \ndate a disputed or unliquidated debt, they may do so by \neither a substituted contract or an accord. If, however, their \nagreement is in the nature of a computation, it is called an \naccount stated. An account stated, then, is a manifestation \nof assent by both parties to the stated sum as an accurate \ncomputation of the debt.\" E. Allan Farnsworth, Contracts \n 4.24, at 286 (1982). \n2. A plaintiff's claim in a suit for such a balance. 3. \nEquity practice. A defendant's plea in response to an \naction for an accounting . The defendant states that \nthe balance due on the statement of the account has \nbeen discharged and that the defendant holds the \nplaintiff's release. -Also termed stated account. \naccumulated-adjustments account. Tax. An item on \nthe books of an S corporation (usu. an equity item \non the corporation's balance sheet) to account for \ntaxable-income items passed through to sharehold\ners, such as accumulated earnings -earned before \nthe corporation converted from a C corporation to \nan S corporation -that would have been distributed \nas a dividend to the shareholders if the corporation \nhad remained a C corporation . One ofthe theories \nunderlying the accumulated-adjustments account is \nthat the shareholders should not be permitted to avoid \ndividend-tax treatment on a corporation's accumu\nlated earnings just because the corporation converts \nfrom C status to S status. IRC (26 USCA)  1368(e) \n(1). -Abbr. AAA. [Cases: Internal Revenue \n3896.] \nadjunct account. An account that accumulates addi\ntions to another account. \nannual account. See intermediate account. \nassigned account. An account receivable that is pledged \nto a bank or factor as security for a loan. [Cases: \nFactors ~5;Pledges"}
{"text": "that is pledged \nto a bank or factor as security for a loan. [Cases: \nFactors ~5;Pledges ~5; Secured Transactions \n~181.] \nbank account. A deposit or credit account with a \nbank, such as a demand, time, savings, or passbook \naccount. UCC  4-104(a). [Cases: Banks and Banking \n~151.] \n\nblocked account. An account at a bank or other finan\ncial institution, access to which has been restricted \neither by the government or by an authorized person. \n An account may be blocked for a variety of reasons, \nas when hostilities erupt between two countries and \neach blocks access to the other's accounts. -Also \ntermed frozen account. [Cases: Banks and Banking \n(;=128, 133, 151; War and National Emergency (;= \n12.] \nbook account. A detailed statement of debits and credits \ngiving a history of an enterprise's business transac\ntions. [Cases: Account, Action On \ncapital account. An account on a partnership's balance \nsheet representing a partner's share ofthe partnership \ncapital. [Cases: Partnership (;=72,305.] \ncharge account. See CHARGE ACCOUNT. \nclient trust account. See CLIENT TRUST ACCOUNT. \nclosed account. An account that no further credits \nor debits may be added to but that remains open for \nadjustment or setoff. \ncommunity account. An account consisting ofcom\nmunity funds or commingled funds. See COMMUNITY \nPROPERTY. \ncontra account (kon-tr;t). An account that serves to \nreduce the gross valuation ofan asset. \nconvenience account. An apparent joint account, but \nwithout right of survivorship, established by a creator \nto enable another person to withdraw funds at the cre\nator's direction or for the creator's benefit.  Unlike a \ntrue joint account, only one person, the creator, has \nan ownership interest in the depOSited funds. Con\nvenience accounts are often established by those who \nneed a financial manager's help and want to make it \neasy for the manager to pay bills. Although the man\nager's name is on the account, he or she does not con\ntribute any personal funds to the account and can \nwrite checks or make withdrawals only at the direc\ntion ofor on behalf of the creator. [Cases: Banks and \nBanking Joint Tenancy (;=6.] \ncurrent account. 1. A running or open account that is \nsettled periodically, usu. monthly. [Cases: Account, \nAction On 2. A partner's account that reflects \nsalary, withdrawals, contributions, and other trans\nactions in a given period. 3. Banking. A depositor's \nchecking account. 4. The portion ofa nation's balance \nof payments that represents its exports, imports, and \ntransfer payments. \ncustodial account. An account opened on behalf of \nsomeone else, such as one opened by a parent for a \nminor child, and usu. administered by a responsible \nthird party. _ Custodial accounts most often arise \nunder the Uniform Transfers to Minors Act (1983). \nAll states have enacted either that act or its earlier \nversion, the Uniform Gifts to Minors Act. Property \ncan be set aside by a donor or transferred to a third \nparty as custodian for the benefit of a minor, usu. as \nan irrevocable gift. This is a much simpler mechanism than a trust. The custodian has powers and fiduciary \nduties similar to those of a trustee, except that the \ncustodian is not under a court's supervision. The cus\ntodian must account for the property and turn it over \nto the beneficiary when he or she reaches majority. See \nUNIFORM TRANSFERS TO MINORS ACT. [Cases: Infants \ndeposit account. A demand, time, savings, passbook, \nor similar account maintained with a bank, savings\nand-loan association, credit union, or like organiza\ntion, other than investment property or an account \nevidenced by an instrument. UCC  9-102(a)(20). -\nAbbr. D.A. [Cases: Banks and Banking (;= 151; \nBuilding and Loan Associations (;=40.] \ndrawing account. A temporary owner's equity account \nused by a sole proprietorship or a partnership to \nrecord an owner's or partner's withdrawals of cash \nor other assets from the business for personal use. \nescrow account. 1. A bank account, generally held in \nthe name ofthe depositor and an escrow agent, that is \nreturnable to the depositor or paid to a third person on \nthe fulfillment ofspecified conditions. Also termed \nescrow deposit. See ESCROW (2). [Cases: Deposits and \nEscrows (;=11-26.] 2. See impound account. \nfrozen account. See blocked account. \nimpound account. An account of accumulated funds \nheld by a lender for payment of taxes, insurance, or \nother periodic debts against real property. -Also \ntermed escrow; escrow account; reserve account. See \nESCROW (2). \nintermediate account. An account filed by an executor, \nadministrator, or guardian after the initial account \nand before the final account.  This account is usu. \nfiled annually. -Also termed annual account. \njoint account. (l7c) A bank or brokerage account \nopened by two or more people, by which each party \nhas a present right to withdraw all funds in the \naccount and, upon the death of one party, the survi\nvors become the owners ofthe account, with no right \nof the deceased party's heirs or devisees to share in \nit.  Typically, the account-holders are deSignated as \n\"joint tenants with right of survivorship\" or \"joint\nand-survivor account-holders.\" In some jurisdictions, \nthey must be so deSignated to establish a right ofsur\nvivorship. Abbr. JA. -Also termed joint-and-sur\nvivorship account. [Cases: Joint Tenancy 1,6.J \nlien account. A statement ofclaims that fairly informs \nthe owner and public of the amount and nature of a \nlien. [Cases: Liens (;=9; Mechanics' Liens (;=116.] \nliquidated account. An account whose assets are clearly \nascertained, either by agreement of the parties or by \nlaw. \nlong account. An account involving numerous items \nor complex transactions in an equitable action, usu. \nreferred to a master or commissioner. \nmargin account. A brokerage account that allows an \ninvestor to buy or sell securities on credit, with the \n\n21 accountable \nsecurities usu. serving as collateral for the broker's \nloan. \nmultiple-party account. An account that has more \nthan one owner with a current or future interest in \nthe account. _ Multiple-party accounts include joint \naccounts, payable-on-death (P.O.D.) accounts, and \ntrust accounts. Unif. Probate Code  6-201(5). \nmutual account. An account showing mutual trans\nactions between parties, as by showing debits and \ncredits on both sides of the account. \n\"[Elach party to a mutual account occupies both a debtor \nand creditor relation with regard to the other party. A \nmutual account arises where there are mutual dealings, \nand the account is allowed to run with a view to an ultimate \nadjustment of the balance. In order to establish a mutual \naccount, it is not enough that the parties to the account \nhave cross demands or cross open accounts: there must \nbe an actual mutual agreement, express or implied, that \nthe claims are to be set off against each other.\" 1 Am. Jur. \n2d Accounts and Accounting  6, at 564 (1994). \nmutual-fund wrap account. An investment account \nthat allocates an investor's assets only among mutual \nfunds rather than stocks or other investments. See \nwrap account. \nnegotiable-order-of-withdrawal account. See NOW \naccount. \nnominal account (nahm-~-n~l). An income-statement \naccount that is closed into surplus at the end of the \nyear when the books are balanced. \nnominee account. Securities. A brokerage account in \nwhich the securities are owned by an investor but \nregistered in the name of the brokerage firm. -The \ncertificate and the records of the issuing company \nshow the brokerage as the holder of record. But the \nbrokerage records show the investor as the beneficial \nowner of the securities in the nominee account. \nAlso termed street-name security. \nNOW account (now). An interest-bearing savings \naccount on which the holder may write checks. \nAlso termed negotiable-order-of-withdrawal account. \n[Cases: Banks and Banking G'=>305; Building and \nLoan Associations 0=>40.J \noffset account. One of two accounts that balance \nagainst each other and cancel each other out when \nthe books are closed. \nopen account. (ISc) 1. An unpaid or unsettled account. \n2. An account that is left open for ongoing debit and \ncredit entries by two parties and that has a fluctuat\ning balance until either party finds it convenient to \nsettle and close, at which time there is a Single liabil\nity. [Cases: Account, Action On (,-,1.1,3.] \npartial account. (I8c) A preliminary accounting ofan \nexecutor's or administrator's dealings with an estate. \n[Cases: Executors and Administrators 0=>509(11).] \npay-on-death \t account. A bank account whose \nowner instructs the bank to distribute the account's \nbalance to a beneficiary upon the owner's death. \nUnlike a jOint-and-survivorship account, a pay-on\ndeath account does not give the beneficiary access to the funds while the owner is alive. Abbr. POD \naccount. -Also termed pay-on-death bank account. \n[Cases: Banks and Banking 0=> 128, 151.] \npledged account. A mortgagor's account pledged to a \nlender in return for a loan bearing interest at a below\nmarket rate. \nprofit-and-loss account. A transfer account of all \nincome and expense accounts, closed into the retained \nearnings of a corporation or the account of a \npartnership. [Cases: Corporations Partner\nship 0=>305, 376.] \nreal account. An account that records assets and liabili\nties rather than receipts and payments. \nreserve account. See impound account. \nrevolving charge account. See revolving credit under \nCREDIT (4). \nrunning account. (I8c) An open, unsettled account \nthat exhibits the reciprocal demands between the \nparties. \nsequestered account. An account (such as a joint bank \naccount) that a court has ordered to be separated, \nfrozen, and impounded. \nshare-draft account. An account that a member \nmaintains at a credit union and that can be drawn \non through the use of share drafts payable to third \nparties. A share-draft account operates much like a \nchecking account operates at a bank. Also termed \nshare account. [Cases: Building and Loan Associa\ntions C:-'40.] \nsuspense account. A temporary record used in book\nkeeping to track receipts and disbursements of an \nuncertain nature until they are identified and posted \nin the appropriate ledgers and journals . A suspense \naccount does not appear in a final financial statement. \nIt is a useful tool when, for example, a lump-sum \nreceipt or expenditure must be broken down to match \nseveral transactions before posting. \ntax-deferred account. An interest-bearing account \nwhose earnings are not taxable as income to the \naccount holder before the earnings are withdrawn. \n-Tax-deferred accounts include most types ofIRAs, \nvariable annuities, 401(k) plans, cash-value life insur\nance, and most other types of tax-deferred savings \ninstruments. \ntrust account. See CLIENT TRUST ACCOUNT. \nwrap account. An investment account for which the \ninvestor, helped by a stockbroker, selects an account \nmanager and pays a fee based on a percentage of the \ntotal assets to be managed. -Most wrap accounts \ncontain a portfolio ofinvestments, including stocks, \nbonds, and cash. Investors generally proVide a risk \nprofile but do not select the investments or give \ninstructions to buy or selL -Also termed wrapJee \naccount. See mutualJund wrap account. \naccountable, adj. (14c) Responsible; answerable <the \ncompany was held accountable for the employee'S neg\nligence>. accountability, n. \n\n22 accountable receipt \naccountable receipt. See RECEIPT. \naccountant. 1. A person authorized under applicable \nlaw to practice public accounting; a person whose \nbusiness is to keep books or accounts, to perform finan\ncial audits, to design and control accounting systems, \nand to give tax advice . For some purposes, the term \nincludes a professional accounting association, a cor\nporation, and a partnership, ifthey are so authorized. \n[Cases: Accountants C=> 1.] \ncertified public accountant. An accountant who has \nsatisfied the statutory and administrative require\nments to be registered or licensed as a public accoun\ntant. Abbr. CPA. \n2. A defendant in an action of account. \naccountant-client privilege. See PRIVILEGE (3). \naccountant ofcourt. Scots law. An official of the Court \nof Session who exercises supervision over the accounts \nof court-appointed managers and receivers of estates, \nsuch as trustees in bankruptcy and guardians ofincom\npetent persons. \naccountant's lien. See LIEN. \naccount book. A journal in which a business's transac\ntions are recorded. See SHOP BOOKS. \naccount debtor. See DEBTOR. \naccount duty. See DUTY (4). \naccount executive. See STOCKBROKER. \naccount for. (17c) 1. To furnish a good reason or con\nvincing explanation for; to explain the cause of. 2. To \nrender a reckoning of (funds held, esp. in trust). 3. To \nanswer for (conduct). \naccounting. (I8c) 1. The act or a system ofestablishing or \nsettling financial accounts; esp., the process ofrecord\ning transactions in the financial records of a business \nand periodically extracting, sorting, and summariz\ning the recorded transactions to produce a set of finan\ncial records. Also termed financial accounting. Cf. \nBOOKKEEPING. 2. A rendition of an account, either \nvoluntarily or by court order . The term frequently \nrefers to the report of all items of property, income, \nand expenses prepared by a personal representative, \ntrustee, or guardian and"}
{"text": "to the report of all items of property, income, \nand expenses prepared by a personal representative, \ntrustee, or guardian and given to heirs, beneficiaries, or \nthe probate court. See ACCOUNT (4). 3. A legal action to \ncompel a defendant to account for and pay over money \nowed to the plaintiff but held by the defendant (often \nthe plaintiff's agent); ACCOUNTING FOR PROFITS. Also \ntermed account render; account; action ofaccount. 4. \nMore broadly, an action for the recovery of money for \nservices performed, property sold and delivered, money \nloaned, or damages for the nonperformance of simple \ncontracts. _ Such an action is available when the rights \nofparties will be adequately protected by the payment \nof money. -Also termed action on account; account; \naction ofbook debt. 5. Commercial law. An equitable \nproceeding for a complete settlement of all partnership \naffairs, usu. in connection with partner misconduct \nor with a winding up. See WINDING UP. [Cases: Part\nnership 376.]6. Secured transactions. A record that (1) is authenticated by a secured party, (2) indicates \nthe aggregate unpaid secured obligation as ofa date no \nmore than 35 days before or after the date of the record, \nand (3) identifies the components ofthe obligations in \nreasonable detail. DCC  9-102(a)(2}. [Cases: Secured \nTransactions \naccounting for fruits. Civil law. A claim for the return \nof natural or civil fruits against an adverse possessor \nor other person obligated by law or contract to account \nfor fruits. See FRUIT (2). \naccounting for profits. (1871) An action for equitable \nrelief against a person in a fiduciary relationship to \nrecover profits taken in a breach ofthe relationship. \nOften shortened to accounting. \n\"The term accounting, or accounting for profits, is used in \nseveral ways. In its most important meaning, it is a restitu\ntionary remedy based upon avoiding unjust enrichment. In \nthis sense it reaches monies owed by a fiduciary or other \nwrongdoer, including profits produced by property which \nin equity and good conscience belonged to the plaintiff. \nIt resembles a constructive trust in that tracing may be \nused to reach profits. But even if tracing fails, the plaintiff \nmay recover a judgment for the profits due from use of \nhis property.\" Dan B. Dobbs, Law of Remedies  4.3(5), at \n408 (2d ed. 1993). \naccounting method. (1908) A system for determin\ning income and expenses, profit and loss, asset value, \nappreciation and depreciation, and the like, esp. for tax \npurposes. \naccrual accounting method (<\"l-kroo-<\"ll). (1942)An \naccounting method that records entries of debits \nand credits when the revenue or liability arises, rather \nthan when the income is received or an expense is \npaid. Also termed accrual basis. Cf. cash-basis \naccounting method. [Cases: Internal Revenue \n3099; Taxation C:::::>3538.J \ncapitalization accounting method. A method ofdeter\nmining an asset's present value by discounting its \nstream of expected future benefits at an appropriate \nrate. \ncash-basis accounting method. (1954)An accounting \nmethod that considers only cash actually received as \nincome and cash actually paid out as an expense. Cf. \naccrual accounting method. [Cases: Internal Revenue \nC=>3100; Taxation C=>3538.] \ncompleted-contract accounting method. A method of \nreporting profit or loss on certain long-term contracts \nby recognizing gross income and expenses in the tax \nyear that the contract is completed. [Cases: Internal \nRevenue Taxation C=3538.] \ncost accounting method. The practice ofrecording the \nvalue of assets in terms of their historical cost. Also \ntermed cost accounting. \ndirect charge-off accounting method. A system of \naccounting by which a deduction for bad debts is \nallowed when an account has become partially or \ncompletely worthless. \nequity accounting method. A method of accounting \nfor long-term investment in common stock based \n\n23 accrued asset \non acquisition cost, investor income, net losses, and \ndividends. \nJair-value accounting method. The valuation ofassets \nat present actual or market value. _ When this method \nis used to determine the value of a security or other \nfinancial instrument, it is also termed mark-to-market \naccounting method. \ninstallment accounting method. (1954) A method by \nwhich a taxpayer can spread the recognition ofgains \nfrom a sale of property over the payment period by \ncomputing the gross-profit percentage from the sale \nand applying it to each payment. [Cases: Internal \nRevenue G~3104; Taxation C=>3538.] \nmark-to-market accounting method. See fair-value \naccounting method. \npercentage-oj-completion method. An accounting \nmethod in which revenue is recognized gradually \nduring the completion of the subject matter of the \ncontract. \nphysical-inventory accounting method. A method \nof counting a company's goods at the close of an \naccounting period. \npurchase accounting method. A method ofaccounting \nfor mergers whereby the total value paid or exchanged \nfor the acquired firm's assets is recorded on the \nacquiring firm's books, and any difference between \nthe fair market value of the assets acquired and the \npurchase is recorded as goodwill. \naccounting period. (1903)A regular span of time used for \naccounting purposes; esp., a period used by a taxpayer \nin determining income and related tax liability. \nAccounting Research Bulletin. A publication con\ntaining accounting practices recommended by the \nAmerican Institute ofCertified Public Accountants. -\nAbbr. ARB. \nAccounting Series Release. A bulletin providing the \nSecurities and Exchange Commission's requirements \nfor accounting and auditing procedures to be followed \nin reports filed with that agency. -Abbr. ASR. \naccount in trust. See ACCOUNT. \naccount party. The customer in a letter-of-credit trans\naction. -Also termed applicant. \naccount payable. See ACCOUNT. \naccount receivable. See ACCOUNT. \naccount render. See ACCOUNTING (3). \naccount rendered. See ACCOUNT. \naccount representative. See STOCKBROKER. \naccount settled. See ACCOUNT. \naccounts-receivable insurance. See accounts-receivable \ninsurance and credit insurance under INSURANCE. \naccount stated. See ACCOUNT. \naccount statement. See STATEMENT OF ACCOUNT. \naccouple, vb. Archaic. To unite; to marry. accredit (<'1-kred-it), vb. 1. To give official authorization \nor status to. 2. To recognize (a school) as having suf\nficient academic standards to qualify graduates for \nhigher education or for professional practice. [Cases: \nSchools C=o4.] 3. Int'llaw. To send (a person) with cre\ndentials as an envoy. accreditation (,,-kred-i-tay\nshan), n. -accredited, adj. \naccredited investor. See INVESTOR. \naccredited law school. See LAW SCHOOL. \naccredited representative. See REPRESENTATIVE. \naccredulitare (,,-kred-Yd-Id-tair-ee), vb. [Law Latin] Hist. \nTo purge an offense by an oath. \naccresce (a-kres), vb. Civil law. To accrue or increase. \naccretion (d-kree-shan). (1830) 1. The gradual accu\nmulation of land by natural forces, esp. as alluvium \nis added to land situated on the bank of a river or on \nthe seashore. Cf. ALLUVION; AVULSION (2); DELlCTION; \nEROSION. [Cases: Navigable Waters Waters and \nWater Courses C=>93.] 2. Any increase in trust property \nother than increases ordinarily considered as income. \n[Cases: Trusts 3. Civil law. The right of \nheirs or legatees to unite their shares ofthe estate with \nthe portion of any coheirs or legatees who do not accept \ntheir portion, fail to comply with a condition, or die \nbefore the testator. 4. A beneficiary's gain through the \nfailure ofa coheir or colegatee to take his or her share. \n5. Scots law. The perfection of an imperfect or defective \ntitle by some act by the person who conveyed title to the \ncurrent holder. -accretive, accretionary, adj. \naccroach (a-krohch), vb. (16c) To exercise power without \nauthority; to usurp. -accroachment (a-krohch-m;mt), \nn. \naccrocher (a-kroh-shay), vb. [Law French]l. ACCROACH. \n2. To delay. \naccrocher un proces (a-kroh-shay an proh-say). [French] \nTo stay the proceedings in a suit. \naccrual, clause of. See CLAUSE OF ACCRUAL. \naccrual accounting method. See ACCOUNTING \nMETHOD. \naccrual basis. See accrual accounting method under \nACCOUNTING METHOD. \naccrual bond. See BOND (3). \naccrue (a-kroo), vb. (ISc) 1. To come into existence as an \nenforceable claim or right; to arise <the plaintiff's cause \nof action for silicosis did not accrue until the plaintiff \nknew or had reason to know ofthe disease>. [Cases: \nAction Limitation ofActions ~43-64.J \n'The term 'accrue' in the context of a cause of action \nmeans to arrive, to commence, to come into existence, or \nto become a present enforceable demand or right. The time \nof accrual of a cause of action is a question of fact.\" 2 Ann \nTaylor Schwing, California Affirmative Defenses  25:3, at \n17-18 (2d ed. 1996). \n2. To accumulate periodically <the savings-account \ninterest accrues monthly>. -accrual, n. \naccrued asset. See ASSET. \n\n24 accrued compensation \naccrued compensation. See COMPENSATION. \naccrued depreciation. See accumulated depreciation \nunder DEPRECIATION. \naccrued dividend. See accumulated dividend under \nDIVIDEND. \naccrued expense. See EXPENSE. \naccrued income. See INCOME. \naccrued interest. See INTEREST (3). \naccrued liability. See LIABILITY. \naccrued right. See RIGHT. \naccrued salary. See SALARY. \naccrued tax. See TAX. \naccruer. See CLAUSE OF ACCRUAL. \naccruing costs. See COST (3). \nacct. abbr. ACCOUNT (4). \naccumulando jura juribus (..-kyoom-p-lan-doh \njoor-.. joor-i-b ..s). [Law Latin] Hist. By adding rights \nto rights. \n\"[Accumulando jura juribus] will be found in deeds, as \nexpressing the intention of the maker or granter of it that \nthe right thereby conferred on the grantee is not to be \nregarded as coming in place of other rights which the \ngrantee has or may acquire otherwise, but as an addition \nthereto: the rights conferred are not prejudicial to other \nrights existing or future.\" John Trayner, TrayneY\"s Latin \nMaxims 10 (4th ed. 1894). \naccumulated-adjustments account. See ACCOUNT. \naccumulated deficit. A business's net losses that are \ncarried over on the balance sheet from earlier periods. \n-The deficit is shown under owners' or stockholders' \nequity. \naccumulated depreciation. See DEPRECIATION. \naccumulated dividend. See DIVIDEND. \naccumulated-earnings credit. See CREDIT (7). \naccumulated-earnings tax. See TAX. \naccumulated income. See INCOME. \naccumulated legacy. See LEGACY. \naccumulated profit. See PROFIT (1). \naccumulated surplus. See SURPLUS. \naccumulated taxable income. See INCOME. \naccumulatio actionum (a-kyoom-ya-Iay-shee-oh \nak-shee-oh-nam). [Law Latin] Scots law. The accumu\nlation of actions, which was permitted only in certain \ncircumstances, as when a widow and her children \njointly sued to recover damages for the husband's and \nfather'S death. \naccumulation, n. 1. The increase ofa thing by repeated \nadditions to it; esp., the increase of a fund by the \nrepeated addition of the income that it creates. 2. The \nconcurrence of several titles to the same thing. 3. The \nconcurrence of several circumstances to the same \nproof. 4. The retention of dividends for future distri\nbution. 5. Insurance. An increase in the principal sum insured for, effective upon renewal ofa policy, without \na change ofpremiums. accumulate, vb. \naccumulations, rule against. (1924) The rule that a \ndirection to accumulate income from property the \nincome to be distributed later to certain beneficiaries \nis valid only if confined to the perpetuity period. Cf. \nRULE AGAINST PERPETUITIES. [Cases: Perpetuities Cr-:;:, \n9.] \naccumulation trust. See TRUST. \naccumulative (a-kyoo-mya-Iay-tiv or -la-tiv), adj. \nIncreasing by successive addition; cumulative. \naccumulative damages. See DAMAGES. \naccumulative dividend. See cumulative dividend under \nDIVIDEND. \naccumulative judgment. See JUDGMENT. \naccumulative legacy. See LEGACY. \naccumulative sentences. See consecutive sentences under \nSENTENCE. \naccusation, n. (14c) 1. A formal charge of criminal \nwrongdoing. -The accusation is usu. presented to a \ncourt or magistrate haVing jurisdiction to inquire into \nthe alleged crime. 2. A statement that a person has \nengaged in an illegal or immoral act. \nmalicious accusation. An accusation against another \nfor an improper purpose and without probable cause. \nSee MALICIOUS PROSECUTION. \naccusatio suspecti tutoris (ak-yoo-zay-shee-oh sa-spek"}
{"text": "SECUTION. \naccusatio suspecti tutoris (ak-yoo-zay-shee-oh sa-spek-tI \nt[y]oo-tor-is). [Latin \"accusation against a suspected \ntutor\"] Roman law. A civil action on behalf of a child \nunder the age ofpuberty against a tutor for negligence \nor fraud in the performance ofthe tutor's duties. \naccusator (ak-yoo-zay-tar), n. [Latin] Roman law. The \nperson who brought charges in a criminal case. Pi. \naccusatores. \naccusatorial system. See ADVERSARY SYSTEM. \naccusatory (~-kyoo-z .. -tor-ee), adj. Of, relating to, or \nconstituting an accusation. \naccusatory body. (1877) A body (such as a grand jury) \nthat hears evidence and determines whether a person \nshould be charged with a crime. \naccusatory instrument. See CHARGING INSTRUMENT. \naccusatory part. The section ofan indictment in which \nthe offense is named. \naccusatory pleading. See PLEADING (1). \naccusatory procedure. See ADVERSARY SYSTEM. \naccusatory stage. (1954) Criminal procedure. The pOint \nin a criminal proceeding when the suspect's right to \ncounsel attaches. -This occurs usu. after arrest and \nonce interrogation begins. Cf. CRITICAL STAGE. [Cases: \nCriminal Law 1718]. \naccusatrix (a-kyoo-z;:)-triks), n. Hist. A female accuser. \naccuse, vb. (14c) To charge (a person) judicially or \npublicly with an offense; to make an accusation against \n\n25 acknowledgment of debt \n<she accused him of the crime> <he was accused as \nan accomplice>. \naccused, adj. Of or relating to someone or something \nimplicated in wrongdoing <accused infringer>; esp., of \nor relating to a product that allegedly infringes some\none's intellectual-property rights <accused device> \n<accused work>. \naccused, n. (I6c) 1. A person who has been blamed for \nwrongdoing; esp., a person who has been arrested and \nbrought before a magistrate or who has been formally \ncharged with a crime (as by indictment or informa\ntion). 2. A person against whom legal proceedings have \nbeen initiated. \naccuser. Eccles. law. A person who accuses another of a \ncrime. In ecclesiastical courts, an accuser cannot be \na person who has been convicted of a crime, has been \nexcommunicated, or is otherwise disqualified. \naccusing jury. See GRAND JURY. \na ce (a sa), adv. [Law French] For this purpose. \na eel jour (d sel zhoor), adv. [Law French] At this day. \nac etiam (ak ee-shee-dm or esh-ee-dm). [Law Latin] Com\nmon-law pleading. 1. And also. 1hese words intro\nduced a genuine claim in a pleading in a common-law \ncase in which a fictitious claim had to be alleged to give \nthe court jurisdiction. In other words, the phrase ac \netiam directed the court to the real cause ofaction. \nAlso spelled acetiam. \n\"[TJo remedy this inconvenience, the officers of the king's \nbench devised a method of adding what is called a clause \nof ac etiam to the usual complaint of trespass; the bill of \nMiddlesex commanding the defendant to be brought in \nto answer the plaintiff of a plea of trespass, and also to a \nbill of debt: the complaint of trespass giving cognizance \nto the court, and that of debt authorizing the arrest.\" 3 \nWilliam Blackstone, Commentaries on the Laws ofEngland \n288 (1768). \n\"[Once] it was established that the King'S Bench was not \nexclusively a court for 'crown cases,' but could also be \nused for civil litigation, it was not difficult to extend the \njurisdiction a step further by allowing the ordinary Citizen \nto allege that the defendant had committed a trespass or \nother breach of the peace 'and also' that the defendant \nwas under some obligation to the plaintiff, and to treat the \nallegation concerning breach of the peace as a mere fiction \nwhich need not be proved, and to allow the suit to be main\ntained solely on the basis of the civil obligation. The Latin \nwords 'ac etiam' were the crucial ones in the old complaint \nthat stated the fictitious breach of the peace 'and also' the \nactual civil obligation.\" Charles Herman Kinnane, A First \nBook on AngloAmerican Law 269 (2d ed. 1952). \n2. The clause that introduced the real allegation after \na fictitious allegation of trespass. -Also termed (in \nsense 2) ac etiam clause. \nACF. abbr. ADMINISTRATION FOR CHILDREN AND \nFAMILIES. \nachieve, vb. Hist. To do homage upon the taking of a \nfee or fief \nacid-test ratio. See QUICK-ASSET RATIO. \nacknowledge, vb. (15c) 1. To recognize (something) as \nbeing factual or valid <acknowledge the federal court's \njurisdiction>. 2. To show that one accepts responsibility for <acknowledge paternity of the child>. 3. To make \nknown the receipt of <acknowledged the plaintiff's \nletter>. 4. To confirm as genuine before an authorized \nofficer <acknowledged before a notary public>. [Cases: \nAcknowledgment p 1.]5. (Of a notary public or other \nofficer) to certify as genuine <the notary acknowledged \nthe genuineness ofthe signature>. \nacknowledged father. See FATHER. \nacknowledgment. (16c) 1. A recognition of something \nas being factual. 2. An acceptance of responsibility. 3. \nThe act of making it known that one has received some\nthing. 4. A formal declaration made in the presence \nof an authorized officer, such as a notary public, by \nsomeone who signs a document and confirms that the \nsignature is authentic. -In most states, the officer certi\nfies that (1) he or she personally knows the document \nsigner or has established the signer'S identity through \nsatisfactory evidence, (2) the appeared before the \nofficer on the date and in the place (usu. the county) \nindicated, and (3) the signer acknowledged signing \nthe document freely. Cf. VERIFICATION (1). [Cases: \nAcknowledgment pl.] \n\"An acknowledgment is a verification of the fact of execu\ntion, but is not a verification of the contents of the instru\nment executed; in other words, an acknowledgment is the \nmethod of authenticating an instrument by showing it was \nthe act of the person executing it, while a verification is a \nsworn statement as to the truth of the facts stated within \nan instrument.\" 1 A c.J,S. Acknowledgments  2 (1985). \n5. The officer's certificate that is affixed to the \ndocument. Also termed (in sense 5) certificate of \nacknowledgment; (loosely) verification. See PROOF OF \nACKNOWLEDGMENT. 6. A father's public recognition \nof a child as his own. Also termed acknowledgment \nofpaternity. \nformal acknowledgment. 1. A father's recognition of \na child as his own by a formal, written declaration \nthat meets a state's requirements for execution, typi\ncally by signing in the presence of two witnesses . \nIn Louisiana law, this recognition may also be made \nby a mother. La. Civ. Code art. 203. [Cases: Children \nOut-of-Wedlock 2. A father's recognition of \na child as his own in the child's registry ofbirth or at \nthe child's baptism. -In this sense, a formal acknowl\nedgment typically occurs when a man signs the birth \ncertificate or baptismal certificate as the father or \nannounces at the baptismal service that he is the \nfather. The fact that a man is named as the father on a \ncertificate ofbirth or baptism is not a formal acknowl\nedgment unless the father signs the document. \ninformal acknowledgment. A father's recognition ofa \nchild as his own not by a written declaration but by \nreceiving the child into his family or supporting the \nchild and otherwise treating the child as his own off\nspring. [Cases: Children Out-of-Wedlock \nacknowledgment money. See LAUDEMIUM. \nacknowledgment ofdebt. Louisiana law. Recognition by \na debtor of the existence ofa debt . An acknowledg\n\n26 acknowledgment of paternity \nment of debt interrupts the running ofprescription. \n[Cases: Limitation of Actions C~140.] \nacknowledgment ofpaternity. See ACKNOWLEDGMENT \n(6). \nACLU. abbr. (1936) AMERICAN CIVIL LIBERTIES UNION. \na confectione (ay k;:m-fek-shee-oh-nee). [Law Latin] From \nthe making. \na corifectione praesentium (ay kan-fek-shee-oh-nee pri\nzen-shee-am). [Law Latin] From the making of the \nindentures. \na consiliis (ay kan-sil-ee-is), n. [Law Latin \"of counsel\"] \nSee APOCRISARIUS. \na contrario sensu (ay k,m-trair-ee-oh sen-s[y]oo), adv. \n[Law Latin] On the other hand; in the opposite sense. \nACP. abbr. ADMINISTRATIVE DOMAIN-NAME CHALLENGE \nPANEL. \nACPA. abbr. 1. ANTICYBERSQUATTING CONSUMER PRO\nTECTION ACT. 2. ANTICOUNTERFEITING CONSUMER \nPROTECTION ACT. \nACP challenge. Trademarks. An administrative proce\ndure to settle disputes over Internet domain names, \nconducted by an Administrative Domain-Name Chal\nlenge Panel (ACP) under the auspices of the World \nIntellectual Property Organization and in accordance \nwith the WIPO (Revised) Substantive Guidelines . \nThe guidelines are viewable at http://www.gtld-mou. \norg/docs/racps.htm. [Cases: Telecommunications \n1333.] \nacquaintance rape. See RAPE. \nacquest (<I-kwest). See ACQUET. \nacquet (a-kay or a-kwet), n. [French acquet \"acquisition\"] \n(usu. pl.) Civil law. 1. Property acquired by purchase, \ngift, or any means other than inheritance . The term \nis most commonly used to denote a marital acquisi\ntion that is presumed to be community property. \nAlso termed acquets and conquets. [Cases: Husband \nand Wife (;::::249-260.]2. Property acqUired by either \nspouse during the marriage. -Also termed acquest. \nSee COMMUNITY PROPERTY. See also ACQUIST. \nacquets and conquets. See ACQUET (1). \nacquets and gains (<I-kets). Louisiana law. The assets \ncomprising the community property of spouses who \nare subject to the Louisiana community-property \nlaws. Often shortened to acquets. [Cases: Husband \nand Wife \nacquiesce (ak-wee-es), vb. To accept tacitly or paSSively; \nto give implied consent to (an act) <in the end, all the \npartners acquiesced in the settlement>. -acquiescent, \nadj. \nacquiescence (ak-wee-es-;mts). (17c) 1. A person's tacit or \npassive acceptance; implied consent to an act. \ncommercial acquiescence. Patents. Action or inaction \nby a patentee's competitor that reflects the competi\ntor's belief that the patent is valid. A patent owner \nmay use another person's actions or inactions, such as taking a license or attempting to design around a \npatent, as circumstantial evidence ofthe nonobvious\nness ofa patented invention or of a patent's validity or \nenforceability. [Cases: Patents (;::::36.1(1).] \n2. Int'llaw. Passivity and inaction on foreign claims \nthat, according to customary international law, usu. \ncall for protest to assert, preserve, or safeguard rights . \nThe result is that binding legal effect is given to silence \nand inaction. Acquiescence, as a principle of substan\ntive law, is grounded in the concepts ofgood faith and \nequity. \nacquietandis plegiis (a-kwI-a-tan-dis plee-jee-is), n. \n[Law Latin \"for acquitting sureties\"] Hist. A writ to \nforce a creditor to discharge a surety when the debt \nhas been satisfied. \nacquietatus (a-kwI-a-tay-tas), adj. [Law tatin] Hist. Pro\nnounced not guilty by a jury; acquitted. \nacquire, vb. To gain possession or control of; to get or \nobtain. \nacquired allegiance. See ALLEGIANCE. \nacquired corporation. See CORPORATION. \nacquired distinctiveness. See DISTINCTIVENESS. \nacquired federal land. See LAND. \nacquired land. See LAND. \nacquired right. See RIGHT. \nacquired-rights doctrine. The principle that once a \nright has vested, it may not be reduced by later legisla\ntion. The Universal Copyright Convention applies \nthe doctrine to copyright protections, esp. terms, that \ncontrolled before the Convention took effect. Also \ntermed doctrine ofacqUired rights. \nacquired servitude. See SERVITUDE (2). \nacquired surplus. See SURPLUS. \nacquirenda, n. pl. [Latin] Hist. Things to be gained by \npurchase. \nacquisita et acquirenda (a-kwiz-i-t;) et ak-wa-ren-da). \n[taw Latin] Scots law. Things acquired and to be \nacquired . Certain legal actions (such as inhibition) \naffected both acquired property and property to be \nacqUired while some actions (such as seizure) affected \nonly property that had already been acquired. \nacquisition, n. (l4c) 1. The gaining of possession or \ncontrol over something <acquisition of the target \ncompany's assets>. 2. Something acquired <a valuable \nacquisition>. \ncreeping acquisition. The gradual purchase ofa corpo\nration's stock at varying prices on the open market . \nAs a takeover method, a creeping acquisition does not \ninvolve a formal tender offer. although the SEC may \nclassify"}
{"text": "As a takeover method, a creeping acquisition does not \ninvolve a formal tender offer. although the SEC may \nclassify it as such for regulatory purposes. Also \ntermed creeping tender offer. \nderivative acquisition. An acquisition obtained from \nanother, as by sale or gift. \nnew acquisition. An estate not originating from \ndescent, devise, or gift from the paternal or maternal \n\n27 \nline of the owner. -For example, an estate acquired \nfrom a nonrelative is a new acquisition. See nonances\ntral estate under ESTATE (1). \noriginal acquisition. An acquisition that has never \nbeen the property ofanyone such as a copyright \nowned by an author. \nacquisition cost. See COST (1). \nacquisitive offense. See OFFENSE (1). \nacquisitive prescription. See PRESCRIPTION (5). \nacquist (~-kwist), n. Hist. The act ofobtaining (a thing); \nacquisition. _ The idiomatic tendency is to use acquist \nfor the action and acquet for the result. Cf. ACQUET. \nacquit, vb. (l3c) 1. To clear (a person) of a criminal \ncharge. 2. To payor discharge (a debt or claim). \nacquittal, n. (15c) 1. The legal certification, usu. by jury \nverdict, that an accused person is not guilty of the \ncharged offense. \nacquittal in fact. (l7c) An acquittal by a jury verdict \nof not guilty. \nacquittal in law. (17c) An acquittal by operation oflaw, \nas of someone who has been charged merely as an \naccessory after the principal has been acquitted. \nimplied acquittal. (1858) An acquittal in which a jury \nconvicts the defendant of a lesser included offense \nwithout commenting on the greater offense. -Double \njeopardy bars the retrial of a defendant on the higher \noffense after an implied acquittal. [Cases: Double \nJeopardy 0= 100.1.] \n2. Contracts. A release or discharge from debt or other \nliability; ACQUITTANCE. [Cases: Release 0=8.] 3. Hist. \nThe obligation of a middle lord to protect a tenant \nfrom a claim, entry, or molestation by a paramount \nlord arising out of service that the middle lord owes \nthe paramount lord. \nacquittance, n. (14c) A document by which one is dis\ncharged from a debt or other obligation; a receipt or \nrelease indicating payment in full. [Cases: Release <::= \n8.] -acquit, vb. \nacquitted, adj. 1. Judicially discharged from an accusa\ntion; absolved. 2. Released from a debt. \nacre. 1. An area ofland measuring 43,560 square feet. \nCf. COMMERCIAL ACRE. \nfoot acre. A one-foot -deep layer ofcoal, water, or other \nmaterial spread over one acre. -This measurement \nmethod is used to value coal land for tax purposes. \nIt is also used to measure the volume and capacity of \nreservoirs. \n2. Hist. 1he area ofland that a man with two oxen could \nplow in one day. _ Beginning in the mid-13th century, \nthis was statutorily limited to an area of 14,520 square \nfeet. \nacreage-contribution agreement. Oil & gas. A support \nagreement under which one party promises to grant \nleases or interest in leases in the area ofa test well to the \nparty who drills the test well in exchange for drilling act \nor geological information ifthe test well is drilled to a \ncertain depth. See SUPPORT AGREEMENT. [Cases: Mines \nand Minerals 0=109.] \nacre-foot. A volume measurement in irrigation, equal to \nthe amount ofwater that will cover one acre ofland in \none foot of water (325,850 gallons). \nacre right. Hist. In New England, a citizen's share in the \ncommon lands. -The value of the acre right varied \namong towns but was fixed in each town. A 10-acre lot \nin a certain town was equivalent to 113 acres ofupland \nand 12 acres of meadow, and an exact proportion was \nmaintained between the acre right and salable land. \nacross-the-board, adj. Applying to all classes, categories, \nor groups <an across-the-board tax cut>. \nACRS. abbr. ACCEI~ERATED COST-RECOVERY SYSTEM. \nact, n. (14c) L Something done or performed, esp. vol\nuntarily; a deed. Also termed action. \n\"'[Alet' or 'action' means a bodily movement whether vol\nuntary or involuntary ....\" Model Penal Code  1.13. \n2. The process of doing or performing; an occurrence \nthat results from a person's will being exerted on the \nexternal world; ACTION (2). -Also termed positive act; \nact ofcommission. \n\"The term act is one of ambiguous import, being used in \nvarious senses of different degrees of generality. When it is \nsaid, however, that an act is one of the essential conditions \nof liability, we use the term in the widest sense of which \nit is capable. We mean by it any event which is subject to \nthe control of the human will. Such a definition is, indeed, \nnot ultimate, but it is sufficient for the purpose of the law:' \nJohn Salmond. jurisprudence 367 (Glanville L. Williams ed., \n10th ed. 1947). \n'The word 'act' is used throughout the Restatement of this \nSubject to denote an external manifestation of the actor's \nwill and does not include any of its results, even the most \ndirect, immediate, and intended.\" Restatement (Second) \nofTorts  2 (1965). \nabstract juridical act. Civil law. A juridical act whose \nvalidity may be independent ofthe existence or law\nfulness of the underlying cause. -In some systems, \nexamples include negotiable instruments, debt remis\nsion, debt acknowledgment, and the novation ofan \nobligation. See juridical act. \nact in pais (in pay). [Law French] An act performed out \nofcourt, such as a deed made between two parties on \nthe land being transferred. See IN PAIS. \nact in the law. (1829) An act that is intended to create, \ntransfer, or extinguish a right and that is effective in \nlaw for that purpose; the exercise ofa legal power. --\nAlso termed juristic act; act ofthe party; legal act. \nact ofcourt. See JUDICIAL ACT. \nact ofGod. See ACT OF GOD. \nact ofltostility. See ACT OF HOSTILITY. \nact oflaw. See act ofthe law. \nact ofomission. See negative act. \nact ofthe law. (17c) The creation, extinction, or transfer \nofa right by the operation of the law itself, without any \n\n28 acta diurna \nconsent on the part ofthe persons concerned. Also \ntermed legal act; act aflaw. Cf. LEGAL ACT. \nact ofthe party. See act in the law. \nadministrative act. (I818) An act made in a manage\nment capacity; esp., an act made outside the actor's \nusual field (as when a judge supervises court per\nsonnel). An administrative act is often subject to a \ngreater risk ofliability than an act within the actor's \nusual field. See IMMUNITY (1). \nbilateral act. (1895) An act that involves the consent\ning wills of two or more distinct parties, as with a \ncontract, a conveyance, a mortgage, or a lease; AGREE\nMENT (1). \nconversionary act. An act that, unless privileged, \nmakes the actor liable for conversion. \nexternal act. (16c) An act involving bodily activity, \nsuch as speaking. \nintentional act. (17c) An act resulting from the actor's \nwill directed to that end . An act is intentional when \nit is foreseen and desired by the doer, and this fore\nSight and desire resulted in the act through the opera\ntion of the will. \ninternal act. (16c) An act of the mind, such as \nthinking. \njudicial act. (16c) An act involving the exercise of \njudicial power. -Also termed act ofcourt. \n\"The distinction between ajudicial and a legislative act is \nwell defined. The one determines what the law is, and what \nthe rights of parties are, with reference to transactions \nalready had; the other prescribes what the law shall be in \nfuture cases arising under it.\" Union Pacific R.R. v. United \nStates, 99 U.S. 700, 721 (1878) (Field,J.. dissenting). \njural act (joor-Jl). (1860) An act taken in the context of \nor in furtherance of a society's legal system. -Also \ntermed jural activity. \n\"In order to identify an act as a jural act, it must be the \nkind of act that would be engaged in by someone who \nis enforcing a law, determining an infraction of the law, \nmaking or changing a law, or settling a dispute.\" Martin P. \nGolding, Philosophy of Law 23 (1975). \njuridical act. Civil law. A lawful volitional act intended \nto have legal consequences. See abstract juridical act. \njuristic act. See act in the law. \nlegal act. See LEGAL ACT. \nministerial act. An act performed without the inde\npendent exercise of discretion or judgment.. Ifthe \nact is mandatory, it is also termed a ministerial duty. \nSee ministerial duty under DUTY (2). \nnegative act. (l7c) The failure to do something that \nis legally reqUired; a nonoccurrence that involves \nthe breach of a legal duty to take positive action . \nThis takes the form of either a forbearance or an \nomission. -Also termed act ofomission. \nnegligent act. An act that creates an unreasonable risk \nof harm to another. \npredicate act. An act that must be completed before legal \nconsequences can attach to it or to another act or before further action can be taken . In statutes, words such \nas \"if\" often precede a description of a predicate act. \nquasi-judicial act. See QUASI-JUDICIAL ACT. \ntortious act. An act that subjects the actor to liability \nunder the principles oftort law. \nunilateral act. (1861) An act in which there is only one \nparty whose will operates, as in a testamentary dis\nposition, the exercise of a power of appointment, or \nthe voidance ofa voidable contract. \nunintentional act. (1820) An act not resulting from the \nactor's will toward what actually takes place. \nverbal act. (18c) 1. An act performed through the \nmedium of words, either spoken or written. 2. \nEvidence. A statement offered to prove the words \nthemselves because oftheir legal effect (e.g., the terms \nof a will) . For this purpose, the statement is not \nconsidered hearsay. \n3. The formal product ofa legislature or other delibera\ntive body; esp., STATUTE For the various types ofacts, \nsee the subentries under STATUTE. \nacta diu rna (ak-tJ dl-Jr-nJ). [Latin\" daily proceedings\"] \nRoman law. A public register ofthe daily proceedings of \nthe senate, assemblies of the people, or the courts. \nact and deed. 1. A formally delivered written instru\nment that memorializes a bargain or transaction. 2. \nHist. Words in a traditional spoken formula used when \nsigning a legal instrument.  Immediately after signing, \nthe party would touch the seal and declare, \"I deliver \nthis as my act and deed.\" \nact and warrant. Scots law. A sheriff's order appointing a \ntrustee in bankruptcy, upon which the trustee assumes \noffice and becomes vested with the bankruptcy estate. \nacta publica (ak-tJ pab-li-kJ), n. pl. [Latin] Roman & \ncivil law. Things of general knowledge and concern; \nmatters transacted before certain public officers. \nacte (akt), n. [French] French law. 1. An instrument; a \nproofin writing, such as a deed, bill of sale, or birth \ncertificate. \nacte authentique (akt oh-tawn-teek). A deed executed \nwith certain prescribed formalities, in the presence of \na notary or other official. \nacte de deces (akt dJ day-say). A death certificate. \nacte de francisation (akt dJ frangk-J-za-syawn). A cer\ntificate confirming that a ship is of French national\nity. \nacte de mariage (akt dJ mar-yahzh). A marriage cer\ntificate. \nacte de naissance (akt dJ nay-sJnts). A birth certifi\ncate. \nacte de notoriite. A deposition made before a notary \nto record and preserve a claim, usu. to property . \nHistorically, most actes de notoriete were conducted \nto establish the identity and genealogy ofa purported \nheir. The depositions were subject to exclusion as \nhearsay. But an acte de notoriete may also appear in a \n\n29 actio \nchain oftitle. See United States v. Repentigny, 72 U.S. \n211 (1866). \nacte extrajudiciaire (akt eks-tr..-zhuu-dee-syair). A \ndocument served by a huissier at the request of one \nparty on another party without legal proceedings. See \nHUISSIER (1). \nl'acte de l'tUat civil (lakt d<llay-tah see-veel). A public \ndocument relating to status (e.g., birth, divorce, \ndeath). \n2. An act; conduct. \nacte d'heritier (akt day-ri-tyay). [French \"act of an \nheir\"] Conduct by an heir indicating an intent to \naccept the succession. \nacting, adj. (I8c) Holding an interim position; serving \ntemporarily <an acting director>. \nacting charge d'affaires. See CHARGE D'AFFAIRES. \nacting executor. See EXECUTOR. \nacting officer. See OFFICER (1). \nact in pais. See ACT. \nact in the law. See ACT. \nactio (ak-shee-oh also ak-tee-oh), n. [Latin] 1. Roman \n& civil law. An action; a right or claim. 2. A right of \naction. [Cases: Action ~1.] 3. Hist. At common law, \na lawsuit. PI. actiones (ak-shee-oh-neez). \nactio ad exhib"}
{"text": "At common law, \na lawsuit. PI. actiones (ak-shee-oh-neez). \nactio ad exhibendum (ak-shee-oh ad ek-si-ben-d ..m). \nRoman law. An action to compel a defendant to \nproduce property so as to establish that it is in the \ndefendant's possession. PI. actiones ad exhiben\ndum. \nactio aestimatoria (ak-shee-oh es-ti-m ..-tor-ee-..). See \nDE AESTIMATO. \nactio arbitraria (ak-shee-oh ahr-bi-trair-ee-J). Roman \nlaw. An action in which a judex issued an interlocu\ntory decree ordering the defendant to do something \n(such as restoring property to the plaintiff) on pain of \na monetary judgment payable to the plaintiff. This \naction was so called because the judex could assess \nthe damage at a high figure if the defendant failed \nto comply with the interlocutory order. PI. actiones \narbitrariae (ak-shee-oh-neez ahr-bi-trair-ee-I). \nactio auctoritas (ak-shee-oh awk-tor-i-tas). Roman \nlaw. A seller's guarantee against eviction from man\ncipated land coupled with a promise to pay twice the \nsale price as damages if the buyer is evicted. The \nguarantee was implicit in the mancipation process. \nSee MANCIPATION. \nactio bonaefidei (ak-shee-oh boh-nee {I-dee-I). Roman \nlaw. One of a class of actions in which a judge could \ntake equitable considerations into account in render\ning a decision. PI. actiones bonae fidei. \nactio calumniae (ak-shee-oh k ..-lam-nee-ee). Roman \nlaw. An action to restrain, or collect damages for, a \nmalicious civil suit.  The victim could also pursue \ncriminal charges. PI. actiones calumniae. See \nCALUMNIA. actio civilis (ak-shee-oh s..-vI-lis). [Latin \"a civil \naction\"] Roman law. An action founded on the tra\nditional Roman law, rather than the innovations of \nmagistrates. Cf. actio honoraria. PI. actiones civiles. \nactio commodati (ak-shee-oh kom-a-day-tr). [Latin \n\"action on loan\"] Roman law. An action for the \nrecovery ofa thing gratuitously lent but not returned \nto the lender. Also termed commodati actio. See \nCOMMODATUM. Pi. actiones commodatio \nactio commodati contraria (ak-shee-oh kom-a-day-tI \nkJn-trair-ee-J). Roman law. An action by a gratuitous \nborrower against a lender for extraordinary expenses \nor damage caused by the lender'S default. PI. actiones \ncommodati contrariae. \nactio commodati directa (ak-shee-oh kom-a-day-tI \ndi-rek-t..). Roman law. An action by a lender against a \nborrower for restitution for an item gratuitously lent. \nPI. actiones commodati directae. \nactio condictio indebiti (ak-shee-oh kan-dik-shee-oh \nin-deb-a-tr). See condictio indebiti under CONDICTlO . \n Strictly speaking, the headword is a solecism, since \na condictio is a type ofactio, but this phrase is occa\nSionally found in legal literature. PI. actiones condic\ntio indebiti. \nactio conducti (ak-shee-oh k ..n-dak-tI). [Latin \"action \nfor the thing hired\"] An action by the lessee of a \nthing or the hirer ofanother's services to enforce the \ncontract or claim damages for breach. Also termed \nactio ex conducto. Cf. actio locatio \nactio confessoria (ak-shee-oh kon-f ..-sor-ee-..). [Latin \n\"action based on an admission\"] 1. See vindicatio \nservitutis under VINDICATIO. 2. An action in which \nthe defendant admits liability but does not express \nit in a fixed sum. A judge therefore assesses the \ndamages. \nactio contraria (ak-shee-oh k ..n-trair-ee- ..). Roman \nlaw. A counterclaim. Cf. actio directa. Pi. actio con\ntraria. \nactio criminalis (ak-shee-oh kri-md-nay-lis). Roman \nlaw. A criminal action. PI. actiones criminales. \nactio damni injuria (ak-shee-oh dam-nI in-joor-ee-a). \nRoman law. An action for damages for tortiously \ncausing pecuniary loss. See actio legis Aquiliae. PI. \nactiones damni injuriae. \nactio de communi dividundo (ak-shee-oh dee \nb-myoo-m di-vi-dan-doh). [Latin \"for dividing a \nthing held in common\"] Roman & civil law. An action \nto partition common property. -Sometimes short\nened to de communi dividundo. See ADJuDICATIO. PI. \nactiones de communi dividundo. \nactio de dolo malo (ak-shee-oh dee doh-loh mal-oh). \nRoman law. An action offraud. This type ofaction \nwas widely applied in cases involVing deceitful \nconduct. Also termed actio doli. PI. actiones de \ndolo malo. \n\n30 actio \nactio de in rem verso (ak-shee-oh dee in rem var\nsoh). See action de in rem verso under ACTION (4). PI. \nactiones de in rem verso. \nactio de pauperie (ak-shee-oh dee paw-par-eel. Roman \nlaw. An action for harm done by a domestic four\nlegged animal.  The owner could either pay for the \ndamage or surrender the animal to the injured party. \nJustinian extended this action to include wild animals \nin some circumstances. See PAUPERIES. \nactio de peculio (ak-shee-oh dee pa-kyoo-Iee-oh). \nRoman law. An action against a paterfamilias or slave \nowner concerning the value of the child's or slave'S \nseparate funds (peculium). PI. actiones de peculio. \nactio de pecunia constituta (ak-shee-oh dee pa-kyoo\nnee-a kon-sti-t[y]oo-ta). Roman law. An action on \na promise to pay a preexisting debt. PI. actiones de \npecunia constituta. \nactio depositi contraria (ak-shee-oh di-poz-a-tI kan\ntrair-ee-a). Roman law. An action that a depositary \nhas against the depositor for unpaid expenses. PI. \nactiones depositi contrariae. \nactio depositi directa (ak-shee-oh di-poz-a-tI di-rek-ta). \nRoman law. An action that a depositor has against a \ndepositary for the return of the deposited item. PI. \nactiones depositi directae. \nactio de tigno juncto (ak-shee-oh dee tig-noh jangk\ntoh). [Latin \"action for joining timber\"] Roman law. \nAn action by the owner of material incorporated \nwithout payment into the defendant's building. It \nwas akin to a theft action. The plaintiff could recover \nup to twice the value of the material. PI. actiones de \ntigno juncto. \nactio directa (ak-shee-oh di-rek-ta). Roman law. 1. An \naction founded on strict law and conducted accord\ning to fixed forms; an action based on clearly defined \nobligations actionable at law based on a statute or a \npraetor's edict. 2. A direct action, as opposed to a \ncounterclaim (actio contraria). Cf. actio in factum; \nactio uti/is. PI. actiones directae. \nactio doli (ak-shee-oh doh-h). See actio de dolo malo. \nactio empti (ak-shee-oh emp-tI). Roman law. An action \nby a buyer to compel a seller to deliver the item sold \nor for damages for breach ofcontract. -Also termed \nactio ex empto. PI. actiones emptio \nactio ex conducto (ak-shee-oh eks kan-dak-toh). See \nactio conductio PI. actiones ex conducto. \nactio ex contractu (ak-shee-oh eks bn-trak-t[y]oo). \nRoman law. An action arising out of a contract. \nThis term had a similar meaning at common law. PI. \nactiones ex contractu. \nactio ex delicto (ak-shee-oh eks da-lik-toh). Roman law. \nAn action founded on a tort. PI. actiones ex delicto. \nactio ex empto (ak-shee-oh eks emp-toh). See actio \nemptio \nactio exercitoria (ak-shee-oh eg-zar-si-tor-ee-a). \nRoman law. An action against the owner or lessee (exercitor) of a vessel, esp. for contracts made by the \nmaster. PI. actiones exercitoriae. \nactio ex locato (ak-shee-oh eks loh-kay-toh). See actio \nlocatio \nactio ex stipulatu (ak-shee-oh eks stip-ya-lay-t[y]oo). \nRoman law. An action brought to enforce a stipulatio. \nSee STIPULATION (3). \nactio ex vendito (ak-shee-oh eks ven-da-toh). See actio \nvenditio \nactio familiae erciscundae (ak-shee-oh fa-mil-ee-ee \nar-sis-kan-dee). [Latin \"action to divide an estate\"] \nAn action for the partition ofthe inheritance among \nheirs. -Sometimes shortened to fami/iae erciscun\ndae. See ADJUDICATIO. \nactio finium regundorum (ak-shee-oh fI-nee-am \nri-gan-dor-am). [Latin \"action for regulation of \nboundaries\"] Roman law. An action among neighbor\ning proprietors to fix or to preserve property bound\naries. See ADJUDICATIO. \nactio furti (ak-shee-oh far-tIl. Roman law. An action \nby which the owner ofstolen goods can, according to \nthe circumstances, recover a multiple of their value \nfrom the thiefby way of penalty, without prejudice to \na further action to recover the goods themselves or \ntheir value. Seefurtum manifestum under FURTUM. \nactio honoraria (ak-shee-oh [h]on-a-rair-ee-a). PI. \nactiones honorariae. See ACTIONES HONORARIAE. \nactio hypothecaria (ak-shee-oh hI-poth-a-kair-ee-a). \nSee HYPOTHECARIA ACTIO. \nactio in factum (ak-shee-oh in fak-tam). Roman law. \nAn action granted by the praetor when no standard \naction was available . The closest Anglo-American \nequivalent is action on the case or trespass on the case. \nSee trespass on the case under TRESPASS. Cf. actio \ndirecta; actio uti/is. \nactio injuriarum (ak-shee-oh in-juur-ee-ahr-am). \nRoman law. An action that lay against anyone who \nhad attacked the body, reputation, or dignity of any \nperson. -Also spelled actio iniuriarum. PI. actiones \ninjuriarum (ak-shee-oh-neez in-juur-ee-ahr-am). \nactio in personam (ak-shee-oh in par-soh-nam). PI. \nactiones in personam. See action in personam under \nACTION (4). \nactio in rem (ak-shee-oh in rem). PI. actiones in rem. 1. \nSee action in rem UNDER ACTION (4). 2. See real action \nunder ACTION (4). \nactio institoria (ak-shee-oh in-sti-tor-ee-a). [Latin] \nRoman law. An action against a principal by one who \ncontracted with the principal's business agent, limited \nto matters arising out of the business. See INSTITOR. \nactio judicati (ak-shee-oh joo-di-kay-tI). Roman law. \nAn action to enforce a judgment by execution on the \ndefendant's property. PI. actiones judicatio \nactio legis (ak-shee-oh lee-jis). See LEGIS ACTIO. \nactio legis Aquiliae (ak-shee-oh lee-jis a-kwil-ee-ee). \nRoman law. An action under the Aquilian law; specif., \n\n31 \nan action to recover for loss caused by intentional \nor negligent damage to another's property. Also \ntermed actio damni injuria; actio damni injuria dati. \nSee LEX AQUILlA. \nactio locati (ak-shee-oh 10h-kay-tI). [Latin \"action for \nwhat has been hired out\"] Roman law. An action that \na lessor (the locator) of a thing might have against the \nhirer, or an employer against a contractor. Also \ntermed actio ex locato (ak-shee-oh eks loh-kay-toh). \nCf. actio conductio \nactio mandati (ak-shee-oh man-day-tr). 1. Civil law. \nAn action to enforce a contract for gratuitous services \nor remuneration. 2. Hist. An action to enforce a \ncontract for gratuitous services. See MANDATUM. PI. \nactiones mandati. \nactio mixta (ak-shee-oh mik-sta). Roman law. A mixed \naction; an action in which two or more features are \ncombined, as an action for damages and for a penalty, \nor an action in rem and in personam. PI. actiones \nmixta (ak-shee-oh-neez mik-st<l). \nactio negatoria (ak-shee-oh neg-a-tor-ee-a). Roman \nlaw. An action brought by a landowner against anyone \nclaiming to exercise a servitude over the landowner's \nproperty. Also termed actio negativa. PI. actiones \nnegatoriae. \nactio negotiorum gestorum (ak-shee-oh na-goh-shee\nor-am jes-tor-am). Roman law. An action against \na gestor for the mismanagement of the principal's \nproperty, or for any acquis"}
{"text": "-am). Roman law. An action against \na gestor for the mismanagement of the principal's \nproperty, or for any acquisitions made in the course \nof management.  The gestor could bring a counter \naction to recover management-related expenses (actio \ncontraria negotiorum gestorum). See NEGOTIORUM \nGESTOR. PI. actiones negotiorum gestorum. \nactio non accrevit infra sex annos (ak-shee-oh non \na-kree-vit seks an-ohs). [Latin \"the action did not \naccrue within six years\"] Hist. A plea to the statute of \nlimitations by which the defendant asserts that the \nplaintiff's cause of action has not accrued within the \nlast six years. PI. actiones non accreverant infra sex \nannos. \nactio non ulterius (ak-shee-oh non <ll-teer-ee-as). \n[Latin \"an action no further\"] Hist. The distinctive \nclause in a plea to abate further maintenance of the \naction. This plea replaced the puis darrein continu\nance. Cf. plea to further maintenance to the action, \nplea puis darrein continuance under PLEA. PI. actiones \nnon ulterii. \nactio Pauliana (ak-shee-oh paw-Iee-ay-na). [Latin \n\"action attributed to Paul\" or \"Paulian action\"] An \naction to rescind a transaction (such as alienation of \nproperty) that an insolvent debtor made to deceive the \ndebtor's creditors . This action was brought against \nthe debtor or the third party who benefited from the \ntransaction. Pi. actiones Paulianae. \n\"[Ajctio Pauliana, a name which has been shewn to be \ninserted by a glossator, after the first publication of the \nDigest. It lay where the debtor had impoverished himself \nto the detriment of his creditors, e.g. by alienations, by \nincurring liabilities or allowing rights to lapse, but not for actio \nfailing to acquire or for paying just debts .... It lay against \nthe debtor, who might have since acquired property .... \nBut its chief field was against acquirers privy to the fraud, \nor even innocent, if the acquisition was gratuitous.\" w.w. \nBuckland, A Text-Book of Roman Law from Augustus to \nJustinian 596 (Peter Stein ed., 3d ed. 1963). \nactio perpetua (ak-shee-oh p<lr-pech-oo-a). Roman \nlaw. An action that is not required to be brought \nwithin a specified time. PI. actiones perpetuae. Cf. \nactio temporalis. \nactio personalis (ak-shee-oh p<lr-sd-nay-lis). Roman \nlaw. A personal action. PI. actiones personales. \nactio pigneratitia (ak-shee-oh pig-na-ra-tish-ee-a). \nRoman law. An action of pledge; an action founded \non a contract of pledge. -Also spelled actio pignera\nticia; actio pignoratitia. -Also termed pigneratitia \nactio. See PIGNUS. PI. actiones pignoratitiae. \nactio poenalis (ak-shee-oh pi-nay-lis). Roman law. An \naction in which the plaintiff sued for a penalty rather \nthan compensation. Cf. actio rei persecutoria. PI. \nactiones poenales (ak-shee-oh-neez pi-nay-Ieez). \nactio popularis (ak-shee-oh pop-ya-Iair-is). [Latin \n\"popular action\"] Roman law. An action that a male \nmember of the general public could bring in the \ninterest of the public welfare. PI. actiones populares \n(ak-shee-oh-neez pop-ya-Iair-eez). \n\"Actiones populares. Actions which can be brought by 'any \none among the people: ... They are of praetorian origin \nand serve to protect public interest .... They are penal, \nand in case of condemnation of the offender the plaintiff \nreceives the penalty paid .... There are instances, however, \nestablished in statutes or local ordinances, in which the \npenalty was paid to the state or municipal treasury, or \ndivided between the aerarium and the accuser, as, e.g., \nprovided in a decree of the Senate in the case of damage to \naqueducts.\" Adolf Berger, Encyclopedic Dictionary ofRoman \nLaw 347 (1953). \nactio praejudicialis (ak-shee-oh pree-joo-dish-ee\nay-lis). Roman law. A preliminary action; an action \nbegun to determine a preliminary matter on which \nother litigated matters depend. PI. actiones praeju\ndiciales. \nactio praetoria (ak-shee-oh pri-tor-ee-a). Roman law. \nA praetorian action; one introduced by a praetor \nrather than founded on a statute. PL actiones prae\ntoriae (ak-shee-oh-neez pri-tor-ee-I). \nactio pro socio (ak-shee-oh proh soh-shee-oh). Roman \nlaw. An action brought by one partner against another. \nSee SOCIETAS. PL actiones pro socio. \nactio Publiciana (ak-shee-oh pd-blish-ee-ay-na). \nRoman law. An action allowing a person who had \nacquired bonitary ownership of land to recover it \nfrom a third party, so that the person would in due \ncourse acquire full title by prescription . lhis action \nis named for Publici us, who might have been the first \npraetor to grant the action. -Also termed actio Pub\nliciana in rem. See bonitary ownership under OWN\nERSHIP. \nactio quanti minoris (ak-shee-oh kwon-tI mi-nor-is). \n[Latin \"an action for the shortfall in value\"] Roman & \n\n32 action \ncivil law. A purchaser's action to recover for his over\npayment for a defective item. Cf. actio redhibitoria. \nPI. actiones quanti minoris. \n\"If a defect appeared which had not been so declared the \nbuyer, if he sued within six months, could claim rescission \nof the sale by the actio redhlbltoria, and, if within twelve \nmonths, could claim the difference between the price paid \nand the actual value of the defective slave or animal by \nthe actio quanri minoris. In both actions the knowledge or \nignorance of the seller was irrelevant: liability was strict.\" \nBarry Nicholas, An Introduction to Roman Law 181 (1962). \nactio quod jussu (ak-shee-oh kwod j3S-[yjoo). Roman \nlaw. An action against a paterfamilias or a slave owner \nfor enforcement of a debt contracted on behalf ofthe \npaterfamilias or slaveowner by a son or a slave. \nactio quod metus causa (ak-shee-oh kwod mee-tds \nkaw-zi'l). Roman law. An action to penalize someone \nwho wrongfully compelled the plaintiff to transfer \nproperty or to assume an obligation. The plaintiff \ncould obtain damages of four times the value of the \nloss suffered. PI. actiones quod metus causa. \nactio realis (ak-shee-oh ree-ay-lis). [Law Latin] Hist. \nA real action. See real action under ACTION (4). PI. \nactiones reales. \nactio redhibitoria (ak-shee-oh red-i-bi-tor-ee-i'l). \nRoman & civil law. An action for restoration to cancel \na sale because of defects in the thing sold. Cf. actio \nquanti minoris. PI. actiones redhibitoriae. \nactio rei persecutoria (ak-shee-oh ree-I pdr-si-kyoo\ntor-ee-d). [Law Latin \"an action for pursuing a thing\"] \nRoman law. An action to recover a specific thing or \nmonetary compensation, rather than a penalty. Cf. \nactio poena lis. PI. actiones rei persecutoriae (ak-shee\noh-neez ree-I pJr-si-kyoo-tor-ee-I). \nactio rerum amotarum (ak-shee-oh reer-dm am-i'l\ntair-dm). Roman law. An action to recover items \nstolen by a spouse shortly before a divorce. PI. actiones \nrerum amotarum. \nactio rescissoria (ak-shee-oh re-si-sor-ee-d). Roman \nlaw. An action to restore to the plaintiff property lost \nby prescription . This action was available to minors \nand other persons exempt from prescriptive claims \nagainst their property. PI. actiones rescissoriae. \nactio serviana (ak-shee-oh si'lr-vee-ay-m). Roman law. \nAn action by which a lessor could seize, in satisfaction \nof unpaid rent, the lessee's personal property brought \nonto the leased premises. PI. actiones servianae. \nactio servi corrupti (ak-shee-oh Sdr-VI b-r;:lp-tr). \n[Latin] Roman law. An action for corrupting a slave \nor servant.  Since the \"corruption\" could take the \nform of bribery to find out the master's confiden\ntial business in'formation, one scholar suggested in \na famous article that it could be the precursor of the \nmodern law oftrade secrets. A. Arthur Schiller, Trade \nSecrets and the Roman Law: The Actio Servi Corrupti, \n30 Colum. L. Rev. 837 (1930). Other scholars strongly \ndisagree (see quotation). \n\"The actio servi corrupti presumably or possibly could be \nused to protect trade secrets and other similar commercial interests. That was not its purpose and was, at most, an \nincidental spinoff. But there is not the slightest evidence \nthat the action was ever so used.\" Alan Watson, Trade \nSecrets and Roman Law: The Myth Exploded, 11 Tul. Eur. & \n(iv. L.F. 19 (1996). \nactio stricti juris (ak-shee-oh strik-tr joor-is). Roman \nlaw. A class of personal actions enforceable exactly as \nstated in the formula without taking equitable consid\nerations into account; an action ofstrict right.  This \ntype ofaction was often used to recover a definite sum \nof money or a particular object that was the subject \nofa formal promise (stipulatio). See FORMULA (1). PI. \nactiones stricti juris. \nactio temporalis (ak-shee-oh tem-pJ-ray-lis). Roman \n& civil law. An action that must be brought within a \nspecified time. Cf. actio perpetua. PI. actiones tem\nporales. \nactio tutelae (ak-shee-oh t[yloo-tee-Iee). Roman law. \nAn action arising from a breach of the duty owed by a \nguardian (tutor) to the ward, such as mismanagement \nof the ward's property. PI. actiones tutelae. \nactio uti/is (ak-shee-oh yoo-td-lis). Roman law. An \nextension ofa direct action, founded on utility rather \nthan strict right, available esp. to persons having an \ninterest in property less than ownership. This type \nofaction was modeled after the actio directa. Cf. actio \ndirecta; actio in factum. PI. actiones utiles. \nactio venditi (ak-shee-oh ven-dd-tr). Roman law. An \naction by which a seller could obtain his price or \nenforce a contract of sale. Also termed actio ex \nvendito. PI. actiones venditio \nactio vi bonorum raptorum (ak-shee-oh VI bd-nor-dm \nrap-tor-dm). Roman law. A penal action to recover \ngoods taken by force . A successful plaintiff would \nalso receive three times the value of the taken \nproperty. Cf. INTERDICTUM QUOD VI AUT CLAM. \nactio vulgaris (ak-shee-oh vi'll-gair-is). Hist. An \nordinary action, as opposed to one granted in special \ncircumstances. PI. actiones vulgares. \nlegis actio. See LEGIS ACTIO. \naction. (14c) 1. The process ofdoing something; conduct \nor behavior. 2. A thing done; ACT (2). 3. Patents. OFFICE \nACTION. \nadvisory action. Patents. See advisory office action \nunder OFFICE ACTION. \n4. A civil or criminal judicial proceeding. Also \ntermed action at law. [Cases: Action \n\"An action has been defined to be an ordinary proceed\ning in a court of justice. by which one party prosecutes \nanother party for the enforcement or protection of a right. \nthe redress or prevention of a wrong, or the punishment of \na public offense. But in some sense this definition is equally \napplicable to special proceedings. More accurately, it is \ndefined to be any judicial proceeding, which. if conducted \nto a determination. will result in ajudgment or decree. The \naction is said to terminate at judgment.\" 1 Morris M. \nEsree's Pleadings, Practice. and Forms  3, at 1 (Carter \nPomeroy ed., 3d ed. 1885). \n\"The terms 'action' and 'suit' are nearly if not quite synony \nmous. But lawyers usually speak of proceedings in courts of \n\n33 \nlaw as 'actions,' and of those in courts of equity as 'suits.' \nin olden time there was a more marked distinction, for an \naction was considered as terminating whenjudgmentwas \nrendered, the execution forming no part of it. A suit, on \nthe other hand, included the execution. The word 'suit,' as \nused in the Judiciary Act of 1784 and later Federal statutes, \napplies to any proceeding in a court ofjustice in which the \nplaintiff pursues in such court the remedy which the law \naffords him.\" Edwin E. Bryant, The Law of Pleading Under \nthe Codes ofCivil Procedure 3 (2d ed. 1899). \n\"'Action' in the sense of a judicial proceeding includes \nrecoupment, counterclaim, set-off, suit in equity, and any \nother proceedings in which rights are determined: UCC \n 1-201(1). \naction at law. A civil suit stating a legal cause ofaction \nand seeking only a legal remedy. See suit at law and \nsuit in equity under SUIT. [Cases: Action C:)21.] \naction de die in diem (dee dI-ee in dI-em). [Law Latin \n\"from day to day\"] Hist. 1. An action occurring from \nday to day; a continuing right ofaction. 2. An action \nfor trespass for each day that an injury"}
{"text": "occurring from \nday to day; a continuing right ofaction. 2. An action \nfor trespass for each day that an injury continues. \n\"That trespass by way of personal entry is a continuing \ninjury, lasting as long as the personal presence of the \nwrongdoer, and giving rise to actions de die in diem so \nlong as it lasts, is sufficiently obvious.\" R.F.V. Heuston, \nSalmond on the Law of Torts 42 (17th ed. 1977). \naction de in rem verso (dee in rem var-soh). [Latin \n\"action for money applied to (the defendant's) advan\ntage\"] 1. Roman & civil law. An action for unjust \nenrichment, in which the plaintiff must show that \nan enrichment was bestowed, that the enrichment \ncaused an impoverishment, that there is no justifi\ncation for the enrichment and impoverishment, and \nthat the plaintilfhas no other adequate remedy at law, \nincluding no remedy under an express or implied \ncontract. 2. Roman law. An action brought against \na paterfamilias or a slaveowner who benefited from \nthe transaction ofa child or slave. Also termed (in \nboth senses) actio de in rem verso. \naction en declaration de simulation. Louisiana law. \nAn action to void a contract. See simulated contract \nunder CONTRACT. \naction ex contractu (eks k~n-trak-t[y]oo). A personal \naction arising out of a contract. [Cases; Action C-=-, \n27.J \n\"Actions ex contractu were somewhat illogically classified \nthus: covenant, debt, assumpsit, detinue, and account. The \naction ofcovenant lay where the party claimed damages for \na breach of contract or promise under seal. The writ ofdebt \nlay for the recovery of a debt; that is, a liquidated or certain \nsum of money alleged to be due from defendant to plaintiff. \nThe writ ofdetinue was the ancient remedy where the plain\ntiff claimed the specific recovery of goods, chattels, deeds, \nor writings detained from him. This remedy fell into disuse \nby reason of the unsatisfactory mode of trial of 'wager \nof law,' which the defendant could claim; and recourse \nwas had to the action of replevin. In the American States \nan action of replevin founded upon statute provisions is \nalmost universally the remedy for the recovery of specific \npersonal property.\" Edwin E. Bryant, The Law of Pleading \nUnder the Codes of Civil Procedure 5 (2d ed. 1899). \naction ex delicto (eks d<l-lik-toh). A personal action \narising out ofa tort. [Cases: Action C=::27.J action \n\"The actions ex delicto were originally the action of trespass \nand the action of replevin.\" Edwin E. Bryant, The Law of \nPleading Under the Codes of Civil Procedure 5 (2d ed. \n1899). \naction for money had and received. At common law, \nan action by which the plaintiff could recover money \npaid to the defendant, the money usu. being recover\nable because (1) the money had been paid by mistake \nor under compulsion, or (2) the consideration was \ninsufficient. [Cases: Implied and Constructive Con\ntracts C=::10-25.] \n\"The action for money had and received lay to recover \nmoney which the plaintiff had paid to the defendant, on \nthe ground that it had been paid under a mistake or com \npulsion, or for a consideration which had wholly failed. By \nthis action the plaintiff could also recover money which \nthe defendant had received from a third party, as when he \nwas accountable or had attorned to the plaintiff in respect \nof the money, or the money formed part of the fruits of an \noffice of the plaintiff which the defendant had usurped.\" \nRobert Goff & Gareth Jones, The Law of Restitution 3 (3d \ned.1986). \naction for money paid. At common law, an action \nby which the plaintiff could recover money paid to \na third party -not to the defendant in circum\nstances in which the defendant had benefited. [Cases: \nImplied and Constructive Contracts \n'The action for money paid was the appropriate action \nwhen the plaintiff's claim was in respect of money paid, \nnot to the defendant, but to a third party, from which the \ndefendant had derived a benefit. Historically, the plaintiff \nhad to show that the payment was made at the defendant's \nrequest; but we shall see that the law was prepared to \n'imply' such a request on certain occasions, in particular \nwhere the payment was made under compulsion of law \nor, in limited circumstances, in the course of intervention \nin an emergency on the defendant'S behalf, which in this \nbook we shall call necessitous intervention.\" Robert Goff & \nGareth Jones, The Law of Restitution 3 (3d ed. 1986). \nactionfor poinding. Hist. A creditor'S action to obtain \nsequestration of the land rents and goods of the debtor \nto satisfy the debt or enforce a distress. \naction for the loss ofservices. Hist. A husband's lawsuit \nagainst one who has taken away, imprisoned, or phys\nically harmed his wife in circumstances in which (1) \nthe act is wrongful to the wife, and (2) the husband is \ndeprived ofher society or services. [Cases: Husband \nand Wife C=209(3).] \naction for the recovery ofland. See EJECTMENT. \naction in equity. (ISc) An action that seeks eqUitable \nrelief, such as an injunction or specific performance, \nas opposed to damages. See suit in equity under SUIT. \n[Cases: Action C=::21.J \naction in personam (in p<lr-soh-nam). (1800) 1. \nAn action brought against a person rather than \nproperty. An in personam judgment is binding on \nthe judgment-debtor and can be enforced against all \nthe property of the judgment-debtor. 2. An action \nin which the named defendant is a natural or legal \nperson. -Also termed personal action; (in Roman \nand civil law) actio in personam; actio personalis, See \nIN PERSONAM. [Cases: Action ~'-:> 16.] Pi. actiones in \npersonam; actiones personates. \n\n34 action \naction in rem (in rem). (l8c) 1. An action determining \nthe title to property and the rights of the parties, not \nmerely among themselves, but also against all persons \nat any time claiming an interest in that property; a real \naction. [Cases: Action G=' 16.] 2. Louisiana law. An \naction brought for the protection ofpossession, own\nership, or other real rights in immovable property. La. \nCiv. Code arts. 3651 et seq. 3. Louisiana law. An action \nfor the recovery ofpossession ofimmovable property. \nLa. Civ. Code art. 526. -Also termed (in Roman law) \nactio in rem; actio realis; real action. See IN REM. PI. \nactiones in rem. 4. An action in which the named \ndefendant is real or personal property. \naction ofaccount. See ACCOUNTING (3). \naction ofassize. Hist. A real action by which the plain\ntiff proves title to land merely by showing an ances\ntor's possession. See ASSIZE. \naction ofbook debt. See ACCOUNTING (4). \naction ofdebt. See CONDITIO. \naction ofdeclarator. Scots law. An action brought in \nthe Court ofSession for the purpose ofestablishing a \nlegal status or right. -Also termed declarator; action \nfor declaratory. \naction ofejectment. See EJECTMENT (3). \naction ofrepro bator. See REPROBATOR. \naction on account. See ACCOUNTING (4). \naction on expenditure. An action for payment of the \nprincipal debt by a personal surety. \naction on the case. See trespass on the case under \nTRESPASS. \naction per quod servitium amisit (pdr kwod sdr-vish\nee-dm d-mI-sit). [Latin] Hist. An action for the loss of \na servant's services. \naction quasi in rem (kway-sI in rem or kway-zI). (1883) \nAn action brought against the defendant personally, \nwith jurisdiction based on an interest in property, the \nobjective being to deal with the particular property or \nto subject the property to the discharge of the claims \nasserted. See quasi in rem under IN REM. [Cases: \nAction G='16.] \naction to quiet title. (1837) A proceeding to establish \na plaintiff's title to land by compelling the adverse \nclaimant to establish a claim or be forever estopped \nfrom asserting it. -Also termed quiet-title action. \n[Cases: Quieting Title ~1.] \naction to review judgment. Rare. 1. MOTION FOR NEW \nTRIAL. 2. A request for judicial review ofa nonjudicial \nbody's decision, such as an administrative ruling on \na workers'-compensation claim . The grounds for \nreview are usu. similar to those for a new trial, esp. \npatent errors oflaw and new evidence. \namicable action. See test case (1) under CASE. \ncivil action. (16c) An action brought to enforce, redress, \nor protect a private or civil right; a noncriminallitiga\ntion. -Also termed (if brought by a private person) private action; (if brought by a government) public \naction. [Cases: Action G=' 1.] \n\"The code of New York, as originally adopted, declared, \n'the distinctions between actions at law and suits in equity, \nand the forms of all such actions and heretofore existing, \nare abolished; and there shall be in this State hereafter \nbut one form of action for the enforcement or protection \nof private rights and the redress of private wrongs, which \nshall be denominated a civil action.' With slight verbal \nchanges the above provision has been enacted in most of \nthe States and Territories which have adopted the reformed \nprocedure.\" Edwin E. Bryant, The Law ofPleading Under the \nCodes ofCivil Procedure 106 (2d ed. 1899). \nclass action. See CLASS ACTION. \ncollusive action. (18c) An action between two parties \nwho have no actual controversy, being merely for the \npurpose ofdetermining a legal question or receiving a \nprecedent that might prove favorable in related litiga\ntion. -Also termed fictional action. [Cases: Action \n~8.] \ncommon-law action. An action governed by common \nlaw, rather than statutory, equitable, or civil law. \n[Cases: Action ~21.] \ncriminal action. (16c) An action instituted by the gov\nernment to punish offenses against the public. [Cases: \nAction ~18.] \ncross-action. An action brought by the defendant \nagainst the plaintiff based on the same subject matter \nas the plaintiff's action. See CROSS-CLAIM. [Cases: \nFederal Civil Procedure ~786; Pleading G=' l38, \n148.] \nderivative action. See DERIVATIVE ACTION. \ndirect action. See DIRECT ACTION. \nfictional action. See collusive action. \nfictitious action. An action, usu. unethical, brought \nsolely to obtain a judicial opinion on an issue of fact \nor law, rather than for the disposition ofa controversy. \n[Cases: Action ~8.] \nGood Samaritan action. See GOOD SAMARITAN \nACTION. \nhypothecary action (hI-poth-d-ker-ee). Roman & civil \nlaw. An action for the enforcement of a mortgage \n(hypotheca); a lawsuit to enforce a creditor's claims \nunder a hypothec or hypothecation. -Also termed \nactio hypothecaria. \ninnominate action (i-nom-i-lldt). An action that has \nno special name by which it is known. Cf. nominate \naction. \njoint action. 1. An action brought by two or more \nplaintiffs. 2. An action brought against two or more \ndefendants. [Cases: Action ~50(4.1).] \nlocal action. An action that can be brought only in the \njurisdiction where the cause ofaction arose, as when \nthe action's subject matter is a piece of real property. \n[Cases: Courts ~7.] \nmatrimonial action. An action relating to the state of \nmarriage, such as an action for separation, annul\n\n5 action \nment, or divorce. [Cases: Divorce ~1; Marriage ~ \n57.] \nmixed action. An action that has some characteristics \nof both a real action and a personal action. [Cases: \nAction ~30.] \n\"In early times the only mixed actions were those for the \npartition of lands, for which a writ was provided in the \ncommon-law courts. The remedy was further enlarged by \nthe statute of 31 Hen. VII c. 1, and 32 Hen. VIII c. 32, which \ngave compulsory partition, by writ at common law. These \nstatutes formed the basis of partition in the American \nStates; but in England and here courts of Chancery have \nbeen found most convenient, and their procedure most \nfavorable for the division of estates in land. The statutes \nat the present time, in most of the States, prescribe a pro\ncedure which is quite Similar to that in equity practice.\" \nEdwin E. Bryant, The Law of Pleading Under the Codes of \nCivil Procedure 10-11 (2d ed. 1899). \nnominate action (nom-i-nClt). An action that is \nknown by a name, such as a confessory action, a \npetitory action, or a possessory action. Cf. innomi\nnate action. \nnonpersonal action. An action that proceeds within \nsome category of territorial jurisdiction other than \nin personam -that is, jurisdiction in rem, quasi in \nrem, or over status. \npenal action. (16c) 1. A criminal prosecution. [Cases: \nAction ~lB.] 2. A civil proceeding in which either \nthe state or a common informer sues to recover a \npenalty from a defendant who has violated a statute. \n Although civil in nature, a penal action resembles \na criminal proceeding because the result ofa success\nful action is a monetary penalty intended, like a fine, \nto punish the defendant. See COMMON INFORMER. \n[Cases: Action ~19.] \n\"At one time it was a frequent practice, when it was desired \nto repress some type of conduct thought to be harmful, \nto do so by the machinery of the civil rather than of the \ncriminal law. The means so chosen was called a penal \naction, as being brought for the recovery of a penalty; \nand it might be brought, according to the word"}
{"text": "chosen was called a penal \naction, as being brought for the recovery of a penalty; \nand it might be brought, according to the wording of the \nparticular statute creating the penal action, either by the \nAttorney-General on behalf of the state, or by a common \ninformer on his own account. A common informer was \nanyone who should first sue the offender for the penalty. \nPenal actions are still possible in a few cases, and their \nexistence renders invalid several suggested distinctions \nbetween civil wrongs and crimes.\" John Salmond, Jurispru\ndence 107 (Glanville L. Williams ed., 10th ed. 1947). \n\"For in 'penal actions,' unless the statute expressly autho\nrizes private persons to act as informers, the State alone \ncan sue and recover the penalty; and yet there is full \nauthority for ranking such suits by it as merely civil pro\nceedings.\" J.w. Cecil Turner, Kenny's Outlines of Criminal \nLaw 538 (16th ed. 1952). \n3. A civil lawsuit by an aggrieved party seeking \nrecovery of a statutory fine or a penalty, such as \npunitive damages. [Cases: Action ~19.] \n\"[Tlhere exists a well-known class of proceedings called \n'penal actions,' by which pecuniary penalties can be \nrecovered -in some cases by any person who will sue \nfor them -from the doers of various prohibited acts; \nthese acts being thus prohibited, and visited with penal\nties, solely on account of their tendency to cause evil to \nthe community at large, 'considered as a community.' For \nexample, a person who, in advertising a reward for the return of lost property, adds that 'no questions will be \nasked' incurs by the Larceny Act, 1861, a penalty of 50 \nrecoverable by anyone who will sue for it.\"J.w. Cecil Turner, \nKenny's Outlines ofCriminal Law 533-34 (16th ed. 1952). \npersonal action. (l7c) 1. An action brought for the \nrecovery of debts, personal property, or damages \narising from any cause. -Also termed remedial \naction. [Cases: Action ~30.] \n\"Personal actions are subdiVided into those brought for \nthe recovery of a debt or of damages for the breach of a \ncontract, or for tort, for some injury to the person or to \nrelative rights or to personal or real property. The most \ncommon of these actions are debt, covenant, assump\nsit, detinue, trespass, trespass on the case, trover, and \nreplevin.\" Benjamin J. Shipman, Handbook ofCommonLaw \nPleading  34, at 65 (Henry Winthrop Ballantine ed., 3d \ned. 1923). \n2. See action in personam. \npetitory action (pet-Cl-tor-ee). (17c) 1. Roman & \ncivil law. An action to establish and enforce title to \nproperty independently of the right to possession. \n2. Civil law. An action for the recognition of owner\nship or other real right in immovable (or sometimes \nmovable) property . In civil-law systems, the petitory \naction (revendication) is a much broader and more \neffective remedy than the rei-vindicatio, the Roman \nprototype. This action is based on, and tends to \nprotect, real rights, that is, ownership and its dismem\nberments. It is therefore a real action, distinguish\nable from personal actions based on (and tending to \nprotect) personal rights. Generally, the petitory action \nis available for the protection of the ownership of both \nmovables and immovables. In Louisiana, however, the \npetitory action is for the recognition of ownership \nor other real right in immovable property, brought \nby a person who is not in possession of it. La. Code \nCiv. Proc. art. 3651. An action for the recognition of \nsuch a right in movable property is an innominate \nreal action, known as a revendicatory action. -Also \ntermed petitory suit; petitorium; revendication. [Cases: \nReal Actions ~6.] \nplenary action (plee-nCl-ree or plen-). (IB37) A full \nhearing or trial on the merits, as opposed to a \nsummary proceeding. Cf. summary proceeding under \nPROCEEDING. \npossessory action (pCl-zes-Cl-ree). (17c) 1. An action to \nobtain, recover, or maintain possession of property \nbut not title to it, such as an action to evict a non\npaying tenant. -Also termed possessorium. [Cases: \nEjectment ~17; Replevin ~1.] \n''The possessory action is available for the protection of \nthe possession of corporeal immovables as well as for the \nprotection of the quasi-possession or real rights in immov\nable property. It is distinguished from the petitory action \nwhich is available for the recognition and enforcement of \nownership or of real rights in another's immovable, such \nas a usufruct, limited personal serVitudes, and predial \nservitudes.\" A.N. Yiannopoulos, Civil Law Property  333, \nat 653 (4th ed. 2001). \n2. Maritime law. An action brought to recover pos\nsession ofa ship under a claim oftitle. [Cases: Admi\nralty~B.] \n\n36 Action \nprivate action. See civil action. \npublic action. See civil action. \nreal action. (16c) 1. An action brought for the recovery \nofland or other real property; specif., an action to \nrecover the possession of a freehold estate in real \nproperty, or seisin. 2. Civil law. An action based on, \nand tending to protect, a real right, namely, the right \nofownership and its dismemberments . It is distin\nguishable from a personal action, which is based on \n(and tends to protect) a personal right. 3. Louisiana \nlaw. An action brought for the protection of posses\nsion, ownership, or other real rights in immovable \nproperty. La. Code Civ. Proc. arts. 3651 Also \ntermed action in rem; actio in rem; actio realis. See \nSEISIN. [Cases: Real Actions (:::::> 1-6.] \n\"If the question be asked why it was that a large part of \nthe really English law which Bracton undertook to expound \nis found in connection with the subject of real actions, \nwhile in Blackstone's treatise only the personal actions are \ndeemed worthy of attention, the answer must be that the \nformer were dying out. When Chitty wrote (1808) the old \nreal actions were practically obsolete, and in the succeed\ning generation such vestiges of them as remained were \nabolished by statute.\" Hannis Taylor, The Science ofJuris\nprudence 574 (l 908). \n\"The principal real actions formerly in use were (1) the writs \nof right; (2) the writs of entry; (3) the possessory assizes, \nsuch as novel disseisin and mort d'ancestor. Real actions \nare those in which the demandant seeks to recover seisin \nfrom one called a tenant. because he holds the land. They \nare real actions at common law because the judgment is \nin rem and awards the seisin or possession.\" Benjamin J. \nShipman, Handbook ofCommonLaw Pleading  32, at 63 \n(Henry Winthrop Ballantine ed., 3d ed. 1923). \nredhibitory action. Civil law. An action brought to void \na sale of a thing having a defect that renders it either \nuseless or so flawed that the buyer would not have \nbought it in the first place. See REDHIBITION. [Cases: \nSales (;::;) 130; Vendor and Purchaser 123.] \nremedial action. 1. See REMEDIAL ACTION. 2. See \npersonal action (1). \nrepresentative action. 1. See CLASS ACTION. 2. See \nDERIVATIVE ACTION (1). \nrescissory action. Scots law. An action to set aside a \ndeed. \nrevendicatoryaction (ree-ven-di-k;:Hor-ee). See \npetitory action. \nseparate action. (I8c) 1. An action brought alone by \neach ofseveral complainants who are all involved in \nthe same transaction but either cannot legally join \nthe suit or, not being required to join, choose not to \njoin it. 2. One of several distinct actions brought by \na Single plaintiff against each oftwo or more parties \nwho are all liable to a plaintiff with respect to the same \nsubject matter. -Also termed several action. \nseveral action. See separate action. \nsham action. An objectively baseless lawsuit the \nprimary purpose of which is to hinder or interfere \nwith a competitor's business relationships. See Profes\nsional Real Estate Investors, Inc. v. Columbia Pictures Indus., Inc., 508 U.S. 49,113 S.Ct. 1920 (1993). -Also \ntermed sham lawsuit; sham suit. See SHAM EXCEP\nTION. [Cases: Antitrust and Trade Regulation \n905(3).] \nstatutory action. An action governed by statutory law \nrather than equitable, civil, or common law. [Cases: \nAction (:::::> 3.] \ntest action. See test case (2) under CASE. \nthird-party action. (I872) An action brought as part of \na lawsuit already pending but distinct from the main \nclaim, whereby a defendant sues an entity not sued \nby the plaintiff when that entity may be liable to the \ndefendant for all or part of the plaintiff's claim . A \ncommon example is an action for indemnity or con\ntribution. [Cases: Federal Civil Procedure (,'::::> 281; \nParties (:::::>50.] \ntransitory action. An action that can be brought in any \nvenue where the defendant can be personally served \nwith process. [Cases: Venue (;::;)4.] \n\"Transitory actions are universally founded on the supposed \nviolation of rights which, in contemplation of law, have no \nlocality. They are personal actions, that is, they are brought \nfor the enforcement of purely personal rights or obliga\ntions. If the transaction on which the action is founded \ncould have taken place anywhere, the action is generally \nregarded as transitory; but if the transaction could only \nhave happened in a particular place ... the action is local. \nSome authorities, considering the effect of the distinction, \ndefine transitory actions as actions which may be tried \nwherever defendant may be found and served.\" 92 c.J.S. \nVenue  8, at 678-79 (1955). \nAction. A former independent federal agency that \nadministered various volunteer-services programs \nincluding Foster Grandparents, Retired Senior Vol\nunteers, Senior Companions, Volunteers in Service to \nAmerica, and Student Community Service Projects . \nIts functions were transferred to the Corporation for \nNational and Community Service in 1995. See CORPO\nRATION FOR NATIONAL AND COMMUNITY SERVICE. \naction, cause of. See CAUSE OF ACTION. \naction, form of. See FORM OF ACTION. \naction, right of. See RIGHT OF ACTION. \nactionable, adj. (16c) Furnishing the legal ground for a \nlawsuit or other legal action <intentional interference \nwith contractual relations is an actionable tort>. \nactionable per quod (p;}r kwod). (Of potentially defam\natory words) not inherently defamatory and therefore \nrequiring allegation and proof of special damages . \nFor example, if the defendant says, \"1he plaintiff is \ncrazy,\" the utterance is actionable per quod. That is, \nthe plaintiff must prove, in addition to the utterance, \nthat the defendant intended the words to mean that \nthe plaintiff was mentally impaired or deficient in \nbusiness or professional capacity, and that these words \ncaused the plaintiff to suffer special damages. See PER \nQUOD. [Cases: Libel and Slander (:::::>6(1), 33.] \nactionable per se (p;}r say). (Of defamatory words) \nlegally and conclusively presumed defamatory . \nIn the law of defamation, words actionable per se \n\n37 actio personalis \nare inherently libelous or slanderous. For example, \nif a person says of a fiduciary, \"That person embez\nzles client funds,\" the utterance is actionable per se. \nThe plaintiff does not have to allege or prove special \ndamages. See PER SE. [Cases: Libel and Slander C= \n6(1), 33.] \n''The terminology 'actionable per se' has proven treacher \nous, in that it has invited confusion with another doctrine \nwhich obtains in defamation cases. This is the doctrine \nwhich distinguishes between words (such as, 'You are a \nthief') which convey a defamatory meaning on their face, \nand, on the other hand, words of veiled detraction whose \noffense is apparent only when the context and circum\nstances are revealed. The former are sometimes said to \nbe defamatory 'per se' or slanderous 'per se' or libelous \n'per se,' whereas the latter, to be properly pleaded, must \nhave an accompanying 'innuendo' or explanation. Clearly \nthis requirement has no relationship to the other rule, that \ncertain slanders are and others are not actionable without \na showing of special damage, but the use of the phrase \n'per se' in both connections has produced confUSion, and \nwe find many American courts adopting the practice of \nrequiring, in cases where the defamation, whether slander \nor libel, must be explained by an 'innuendo' to reveal \nits defamatory meaning, that special damages be also \npleaded.\" Charles T. McCormick, Handbook on the Law of \nDamages 113,at417(1935). \nactionable negligence. See NEGLIGENCE (1). \nactionable nuisance. See NUISANCE (3). \nactionable per quod. See ACTIONABLE. \nactionable per se. See ACTIONABLE. \nactionable word. A term that is defamatory in itself. See \nlibel per se under LIBEL. [Cases: Libel and Slander C= \n6-14.] \naction agenda. See action calendar under CALENDAR \n(4). \nactionare (ak-shee-::l-nair-ee), vb. [Law Latin] To bring \nan action; to sue. \naction at law. See ACTION (4). \naction calendar. See CALENDAR (4). \naction de die in diem. See ACTION (4). \naction de in rem verso. See ACTION (4). \nactio negativa. See actio negatoria under ACTIO. \nactio negatoria. See ACTIO. \nactio negotiorum gestorum. See ACTIO. \nactionem non habere debet. See"}
{"text": "See ACTIO. \nactio negotiorum gestorum. See ACTIO. \nactionem non habere debet. See ACTIO NON. \naction en declaration de simulation. See ACTION (4). \naction en desaveu. Louisiana law. A lawsuit to disavow \npaternity brought by a man who is legally presumed to \nbe the father ofthe child. \nactiones honorariae (ak-shee-oh-neez [h]on-::l-rair-ee-I). \nA praetorian action; a class of equitable actions intro\nduced by the praetors to prevent injustices. \nactiones legis. See LEGIS ACTIO. \nactiones nominatae (ak-shee-oh-neez nom-::l-nay-tee), \nn. pl. [Latin \"named actions\"] Hist. Actions for which \nthe Chancery had well-established forms. See CASU \nCONSIMILI. actiones poenales (ak-shee-oh-neez pee-nay-leez), n. \npl. [Latin \"penal actions\"] See actio poenalis under \nACTIO. \naction ex contractu. See ACTION (4). \naction ex delicto. See ACTION (4). \naction for declarator. See DECLARATOR. \naction for declaratory. See action ofdeclarator under \nACTION (4). \naction for money had and received. See ACTION (4). \naction for money paid. See ACTION (4). \naction for poinding. See ACTION (4). \naction for the loss ofservices. See ACTION (4). \naction for the recovery ofland. See EJECTMENT. \naction in equity. 1. See ACTION (4). 2. See suit in equity \nunder SUIT. \naction in personam. See ACTION (4). \naction in rem. See ACTION (4). \naction of account. See ACCOUNTING (3). \naction ofassize. See ACTION (4). \naction ofbook debt. See ACCOUNTING (4). \naction ofdebt. See CONDICTIO. \naction ofdeclarator. See ACTION (4). \naction ofejectment. See EJECTMENT (3). \naction ofreprobator. See REPROBATOR. \nactio non (ak-shee-oh non). [Latin \"an action not\"] \nHist. A declaration in a special plea denying the plain\ntiff's right to maintain the action . The full phrase \nwas actionem non habere debet (ought not to have or \nmaintain the action). See special plea under PLEA. \naction on account. See ACCOUNTING (4). \nactio non accrevit infra sex annos. See ACTIO. \naction on decision. A legal memorandum from attorneys \nin the Internal Revenue Service's litigation division \nto the Service's Chief Counsel, containing advice on \nwhether the Service should acquiesce, appeal, or take \nsome other action regarding a court's decision that is \nunfavorable to the Service. -Abbr. AOD. \naction on expenditure. See ACTION (4). \naction on the case. See trespass on the case under \nTRESPASS. \nactio non ulterius. See ACTIO. \nactio noxalis (ak-shee-oh nok-say-lis), n. See NOXAL \nACTION. \naction per quod servitium amisit. See ACTION (4). \naction quasi in rem. See ACTION (4). \naction to quiet title. See ACTION (4). \naction to review judgment. See ACTION (4). \nactio Pauliana. See ACTIO. \nactio perpetua. See ACTIO. \nactio personalis. See ACTIO. \n\n38 actio pigneratitia \nactio pigneratitia. See ACTIO. \nactio poenalis. See ACTIO. \nactio popularis. See ACTIO. \nactio praejudicialis. See ACTIO. \nactio praetoria. See ACTIO. \nactio pro socio. See ACTIO. \nactio Publiciana. See ACTIO. \nactio Publiciana in rem. See actio Publkiana under \nACTIO. \nactio quanti minoris. See ACTIO. \nactio quodjussu. See ACTIO. \nactio quod metus causa. See ACTIO. \nactio realis. See ACTIO. \nactio redhibitoria. See ACTIO. \nactio rei persecutoria. See ACTIO. \nactio rerum amotarum. See ACTIO. \nactio rescissoria. See ACTIO. \nactio serviana. See ACTIO. \nactio servi corrupti. See ACTIO. \nactio stricti juris. See ACTIO. \nactio temporalis. See ACTIO. \nactio tutelae. See ACTIO. \nactio uliUs. See ACTIO. \nactio venditio See ACTIO. \nactio vi bonorum raptorum. See ACTIO. \nactio vulgaris. See ACTIO. \nactive adoption-registry statute. See ADOPTION-REG\nISTRY STATUTE. \nactive breach ofcontract. See BREACH OF CONTRACT. \nactive case. See CASE. \nactive concealment. See CONCEALMENT. \nactive conduct. See CONDUCT. \nactive-control-of-vessel duty. See ACTIVE-OPERATIONS \nDUTY. \nactive debt. See DEBT. \nactive duty. L Military law. The full-time status of being \nin any of the U.S. armed forces. 2. See positive duty \nunder DUTY (1). \nactive euthanasia. See EUTHANASIA. \nactive income. See INCOME. \nactive inducement. See INDUCEMENT. \nactive negligence. See NEGLIGENCE. \nactive-operations duty. Maritime law. A shipowner's \nobligation to provide safe working conditions, in the \nwork areas that it controls, for the longshoremen who \nare loading or unloading the ship. -Also termed \nactive-control-of-vessel duty. Cf. TURNOVER DUTY; \nINTERVENTION DUTY. [Cases: Shipping C=>S4(3.2).] active supervision. Antitrust. Under the test for deter\nmining whether a private entity may claim a state\naction exemption from the antitrust laws, the right \nof the state to review the entity's anticompetitive acts \nand to disapprove those acts that do not promote state \npolicy. See STATE-ACTION DOCTRINE; MIDCAL TEST. \n[Cases: Antitrust and Trade Regulation C=>904.J \n\"The active supervision requirement stems from the rec\nognition that where a private party is engaging in the \nanticompetitive activity, there is a real danger that he is \nacting to further his own interests, rather than the govern\nmental interests of the State. The requirement is designed \nto ensure that the stateaction doctrine will shelter only \nthe particular anticompetitive acts that, in the judgment \nof the State, actually further state regulatory policies. To \naccomplish this purpose, the active supervision require\nment mandates that the State exercise ultimate control \nover the challenged anti competitive conduct.\" Patrick v. \nBurget, 486 U.S. 94, 100-OJ, 108 s.Ct. 1658, 1663 (1988). \nactive trust. See TRUST. \nactive waste. See commissive waste under WASTE (1). \nactivistlawyering. See CAUSE LAWYERI:>!G. \nactivity.!. The collective acts ofone person or of two or \nmore people engaged in a common enterprise. \ncommercial activity. An activity, such as operating a \nbusiness, conducted to make a profit. \n2. See MARKET VOLUME. \nactivity incident to service. An act undertaken by a \nmember ofthe armed forces as a part ofa military oper\nalion or as a result of the actor's status as a member of \nthe military . For example, ifa member ofthe military \ntakes advantage of that status by flying home on a \nmilitary aircraft, the flight is activity incident to service, \nand a claim against the government for any injuries \nreceived may be barred under the Feres doctrine. See \nFERES DOCTRINE. \nacto (ahk-toh), n. Spanish law. 1. ACT (1). 2. ACT (2). 3. \nAn action or lawsuit. \nAct ofAdjournaL Scots law. A regulation issued by the \nHigh Court ofJusticiary to regulate procedure both in \nthat court and in the lower criminal courts. \nAct ofAssembly. Scots law. A piece oflegislation passed \nby the General Assembly ofthe Church ofScotland for \ngoverning the affairs of that church and its members. \nact ofattainder. See BILL OF ATTAINDER. \nact of bankruptcy. An event, such as a debtor's fraudu\nlent conveyance of property, that an involun\ntary bankruptcy proceeding against a debtor . The \n1978 Bankruptcy Reform Act abolished this require\nment as a condition to an involuntary bankruptcy pro\nceeding. [Cases: BankruptcyC=>22SL] \nact ofcommission. See ACT (2). \nact of Congress. (lSc) A law that is formally enacted \nin accordance with the legislative power granted to \nCongress by the U.S. Constitution . To become a \nlaw, or an act ofCongress, a bill or resolution must be \npassed by a majority ofthe members ofboth the House \nof Representatives and the Senate. Bills or resolutions \n\n39 act of possession \nmay generally be introduced in either chamber, except \nthat bills for generating revenue must be introduced \nin the House of Representatives. When a bill or reso\nlution is introduced in a chamber, it is usu. assigned \nto a committee. Ifit is passed by the committee, it is \nreported to the full chamber. Ifit passes in the full \nchamber, it is reported to the other chamber, which \nthen usu. assigns it to a committee in that chamber. \nIfit passes by majority votes of the committee and \nfull body in that chamber, it is reported back to the \noriginating chamber. If its terms have changed in the \nsecond chamber, it is submitted to a conference com\nmittee, consisting of members from both chambers, \nto work out a compromise. When the bill or resolution \nis passed, with the same terms, by both chambers, it \nis signed by the Speaker of the House and the Presi\ndent of the Senate (usu. the President Pro Tempore), \nand is presented to the President of the United States \nfor signature. Ifthe President signs it or fails to return \nit to Congress within ten days, the bill or resolution \nbecomes law. But if the President vetoes the bill or reso\nlution, it must be passed by a two-thirds majority ofthe \nHouse ofRepresentatives and the Senate to become law. \nU.S. Const. art. I,  7; 3 The Guide to American Law \n165-66 (West 1983). \nact ofcourt. 1. See judicial act under ACT. 2. Scots law. \nA memorandum setting forth the proceedings in a \nlawsuit. 3. Scots law. A rule made by a sheriff regulat\ning proceedings within the sheriffalty. \nact of God. (18c) An overwhelming, unpreventable \nevent caused exclUSively by forces of nature, such as \nan earthquake, flood, or tornado. -The definition \nhas been statutorily broadened to include all natural \nphenomena that are exceptional, inevitable. and irre\nsistible, the effects of which could not be prevented \nor avoided by the exercise of due care or foresight. 42 \nUSCA  9601(1). -Also termed act ofnature; act of \nprOVidence; superiorforce; vis major; irresistible super\nhuman force; vis divina. Cf. FORCE MAJEURE; unavoid\nable accident under ACCIDENT. [Cases: Contracts C=> \n303(3), 309(1).] \n\"Act of God may be defined as an operation of natural \nforces so unexpected that no human foresight or skill could \nreasonably be expected to anticipate it. It has been sug\ngested that it also has the wider meaning of 'any event \nwhich could not have been prevented by reasonable care on \nthe part of anyone.' This nearly identifies it with inevitable \naccident, but. however desirable this may be for SCientific \narrangement of the law, there is no sufficient authority to \nback this View.\" P.H. Winfield, A Textbook ofthe Law ofTort \n 16, at 45-46 (5th ed. 1950). \n\"As a technical term, 'act ofGod' is untheological and infe\nlicitous. It is an operation of 'natural forces' and this is apt \nto be confusing in that it might imply positive intervention \nof the deity. This (at any rate in common understanding) is \napparent in exceptionally severe snowfalls, thunderstorms \nand gales. But a layman would hardly describe the gnawing \nof a rat as an act of God, and yet the lawyer may, in some \ncircumstances, style it such. The fact is that in law the \nessence of an act ofGod is not so much a positive interven\ntion of the deity as a process of nature not due to the act \nof man, and it is this negative side which needs emphasis.\" \nP.H. Winfield, A Textbook ofthe Law ofTort  16, at 47 (5th \ned. 1950). \"[AlII natural agencies, as opposed to human activities, \nconstitute acts of God, and not merely those which attain \nan extraordinary degree of violence or are of very unusual \noccurrence. The distinction is one of kind and not one of \ndegree. The violence or rarity of the event is relevant only \nin considering whether it could or could not have been \nprevented by reasonable care; if it could not, then it is an \nact of God which will relieve from liability, howsoever trivial \nor common its cause may have been. If this be correct, then \nthe unpredictable nature of the occurrence will go only to \nshow that the act of God in question was one which the \ndefendant was under no duty to foresee or provide against. \nIt is only in such a case that the act of God will provide a \ndefence.\" R.F.V. Heuston, Salmond on the Law of Torts 330 \n(17th ed. 1977). \nact of grace. An act of clemency; esp., such an act per\nformed at the beginning of a monarch's reign or at \nsome other Significant occasion. \nact of honor. Commercial law. A transaction, memori\nalized in an instrument prepared by a notary public, \nevidencing a third person's agreement to accept, for the \ncredit ofone or more ofthe parties, a bill that has been \nprotested. Ibe UCC eliminated this type oftransac\ntion. \nact of hostility. An event that may be considered an \nadequate cause for war; CASUS BELLI. -Also termed \nhostile act. [Cases: War and National Emergency \n2.] \nact of indemnity. 1."}
{"text": "ed \nhostile act. [Cases: War and National Emergency \n2.] \nact of indemnity. 1. A statute that relieves specified \npersons, esp. government officials, from some penalty \nto which they might be subject as a result of haVing \nexceeded their powers or having otherwise acted ille\ngally. 2. A statute that compensates persons for damage \nincurred as a result of either some public measure \nor government service. [Cases: Officers and Public \nEmployees \nact oflaw. 1. See act ofthe law under ACT. 2. See LEGAL \nACT. \nact oflegislation. 1. A formal change in the law that \nexisted previously. 2. A statute. [Cases: Statutes \n2.] \nact of nature. 1. See ACT OF GOD. 2. See VIS MAJOR. \nact ofomission. See negative act under ACT. \nact of Parliament. A law made bv the British sover\neign, with the advice and consent of the Lords and the \nCommons; a British statute. \nact of Parliament of Scotland. 1. A statute passed by \nthe Parliament of Scotland between its creation in the \n14th century and 1707. 2. ACT OF THE SCOTTISH PAR\nLIAMENT. \nact of petition. Hist. A summary proceeding in which \nlitigants provide brief statements supported by affi\ndavit. _ This procedure was used in the English High \nCourt of Admiralty. \nact ofpossession. (16c) 1. The exercise ofphysical control \nover a corporeal thing, movable or immovable, with \nthe intent to own it. 2. Conduct indicating an intent to \nclaim property as one's own; esp., conduct that supports \na claim of adverse possession. [Cases: Adverse Posses\nsion \n\n40 \nact of providence. 1. See ACT OF GOD. 2. See VIS MAJOR. \nact ofsale. An official record ofa sale ofproperty; esp., a \ndocument drawn up by a notary, signed by the parties, \nand attested by witnesses. [Cases: Sales C=>28.] \nact of sederunt (s;J-deer-;mt). Scots law. A regulation \nissued by the Court of Session to regulate procedure \nin that court or in the lower civil courts. \nAct of Settlement. Hist. An act of Parliament (12 & 13 \nWill. 3, ch. 2, 1701) that resolved the question of royal \nsuccession unsettled after the Glorious Revolution \nof 1688. The question was resolved by limiting the \nCrown to Protestant members of the House of Hanover. \nThe Act also provided that the sovereign must be a \nmember of the Church of England, and it established \nthat judges would hold office during good behavior \nrather than at the will of the sovereign. \nact-of-state doctrine. Int'llaw. The principle that no \nnation can judge the legality of a foreign country's \nsovereign acts within its own territory. As origi\nnally formulated by the U.S. Supreme Court in 1897, \nthe doctrine provides that \"the courts of one country \nwill not sit in judgment on the acts of the government \nof another done within its own territory.\" Underhill v. \nHernandez, 168 U.S. 250, 252, 18 S.Ct. 83, 84 (1897). The \nSupreme Court later declared that though the act-of\nstate doctrine is compelled by neither international law \nnor the Constitution, it has \"institutional underpin\nnings.\" Banco Nacional de Cuba v. Sabbatino, 376 U.S. \n398,423,84 S.Ct. 923, 937 (1964). [Cases: International \nLaw C=> 10.9.] \nAct ofSupremacy. Hist. A statute that named the English \nsovereign as supreme head of the Church of England \n(26 Hen. 8, ch. 1). The Act was passed in 1534 during \nHenry VIII's reign and confirmed in 1559 (1 Eliz., ch. \n1) to counteract pro-Catholic legislation enacted during \nthe reign of Mary Tudor. In addition to making the \nmonarch both head of state and head of the church, \nthe Act defined some ofthe monarch's powers as head \nof the church, such as the power to issue injunctions \nrelating to ecclesiastical affairs. \nact of the law. See ACT. \nact ofthe party. See act in the law under ACT. \nact of the Scottish Parliament. A statute passed by the \nParliament of Scotland created by the Scotland Act of \n1998. It is typically cited by year, the letters ASP, and \na serial number. -Also termed act ofParliament of \nScotland. \nAct of Uniformity. Hist. Any of several 16th-and 17th\ncentury acts mandating uniform religious practices in \nEngland and Ireland; specif., an act requiring the use \nof the Book ofCommon Prayer. \nAct of Union. Any of several acts of Parliament uniting \nvarious parts of Great Britain . The term applies to \n(1) the Laws in Wales Act (1535), which united Wales \nwith England and made that principality subject to \nEnglish law, and (2) the Union with Ireland Act (1800), \nwhich abolished the Irish Parliament and incorporated Ireland into the United Kingdom ofGreat Britain and \nIreland. It is used loosely in reference to the Union with \nScotland in 1707, which was made not by statute but by \ntreaty, approved by separate acts of the parliaments of \nScotland and England. The treaty dissolved each par\nliament and created the new state ofGreat Britain with \none parliament, the Parliament of Great Britain. \nactor. 1. One who acts; a person whose conduct is in \nquestion. \nbad actor. An actor who is shown or perceived to have \nengaged in illegal, impermissible, or unconscionable \nconduct.  A presumption that a person is a bad actor \nmay be created by an adverse-inference instruction. \n2. Archaic. A male plaintiff. 3. Hist. An advocate or \npleader; one who acted for another in legal matters. \nCf. REUS (1). 4. Roman law. (ital.) A person who sues; \na claimant. -Also termed (in sense 4) petitor. PI. (in \nsense 4) actores. \nactrix (ak-triks). Archaic. A female plaintiff. \nacts ofassembly. See SESSION LAWS. \nactual, adj. (14c) Existing in fact; real <actual malice>. \nCf. CONSTRUCTIVE. \nactual abandonment. See ABANDONMENT (10). \nactual agency. See AGENCY (1). \nactual allegiance. See ALLEGIANCE. \nactual assent. See ASSENT. \nactual authority. See AUTHORITY (1). \nactual bailment. See BAILMENT. \nactual bias. See BIAS. \nactual capital. See CAPITAL. \nactual cash value. See VALUE (2). \nactual cause. See but-for cause under CAUSE (1). \nactual change of possession. A real, rather than con\nstructive, transfer of ownership. A creditor of the \ntransferor cannot reach property that has actually \nchanged possession. \nactual consumer confusion. See CONSUMER CONFU\nSION. \nactual controversy. 1. See CONTROVERSY (2). 2. See CON\nTROVERSY (3). \nactual damages. See DAMAGES. \nactual delivery. See DELIVERY. \nactual escape. See ESCAPE (2). \nactual eviction. See EVICTION. \nactual force. See FORCE. \nactual fraud. See FRAUD. \nactual-injury trigger. Insurance. The point at which an \ninsured suffers damage or injury (such as the time of \nan automobile accident), so that there is an occurrence \ninvoking coverage under an insurance policy. -Also \ntermed injury-in-fact trigger. Cf. EXPOSURE THEORY; \nMANIFESTATION THEORY; TRIPLE TRIGGER. [Cases: \nInsurance C=2265.] \n\n41 actus reus \nactual innocence. See INNOCENCE. \nactual knowledge. See KNOWLEDGE. \nactual loss. See LOSS. \nactually litigated. (1969) (Of a claim that might be barred \nby collateral estoppel) properly raised in an earlier \nlawsuit, submitted to the court for a determination, \nand determined. - A party is barred by the doctrine \nof collateral estoppel from relitigating an issue that \nwas actually litigated -usu. including by summary \njudgment but not necessarily by default judgment -in \nan earlier suit involving the same parties, even if that \nsuit involved different claims. Restatement (Second) \nofJudgments  27 cmt. d (1980). [Cases: Judgment <8=> \n652, 653, 720.] \nactual malice. See MALICE. \nactual market value. Seefair market value under VALUE \n(2). \nactual notice. See NOTICE. \nactual physical control. (1880) Direct bodily power over \nsomething, esp. a vehicle. -Many jurisdictions require \na showing of \"actual physical control\" ofa vehicle by a \nperson charged with driving while intoxicated. [Cases; \nAutomobiles \nactual possession. See POSSESSION. \nactual reduction to practice. See REDUCTION TO \nPRACTICE. \nactual-risk test. The doctrine that, for an injured \nemployee to be entitled to workers'-compensation \nbenefits, the employee must prove that the injury arose \nfrom, and occurred in the course and scope of, employ\nment. [Cases: Workers' Compensation <8=>608.] \nactual seisin. See seisin in deed under SEISIN. \nactual service. See personal service (1) under SERVICE \n(2). \nactual taking. See physical taking under TAKING (2). \nactual total loss. See LOSS. \nactual user confusion. See CONSUMER CONFUSION. \nactual value. See fair market value under VALUE (2). \nactuarial equivalent. The amount of accrued pension \nbenefits to be paid monthly or at some other interval so \nthat the total amount of benefits will be paid over the \nexpected remaining lifetime of the recipient. [Cases: \nLabor and Employment C~563.] \nactuarially sound retirement system. A retirement plan \nthat contains sufficient funds to pay future obligations, \nas by receiving contributions from employees and the \nemployer to be invested in accounts to pay future \nbenefits. Cf. NONACTUARIALLY SOUND RETIREMENT \nSYSTEM. [Cases: Pensions <8=>48.) \nactuarial method. A means ofdetermining the amount \nof interest on a loan by using the loan's annual per\ncentage rate to separately calculate the finance charge actuarial present value. The amount ofmoney necessary \nto purchase an annuity that would generate a particular \nmonthly payment, or whatever periodic payment the \nplan provides, for the expected remaining life span of \nthe recipient. \nactuarial surplus. An estimate of the amount by which \na pension plan's assets exceed its expected current and \nfuture liabilities, including the amount expected to be \nneeded to fund future benefit payments. [Cases: Labor \nand Employment C~513.1 \nactuarial table. An organized chart of statistical data \nindicating life expectancies for people in various cat\negories (such as age, family history, and chemical \nexposure). -Actuarial tables are usu. admissible in \nevidence. -Also termed expectancy table; mortality \ntable; mortuary table. Cf. LIfE TABLE. \nactuarius (ak-choo-air-ee-~s or ak-tyoo-), n. [Latin] \nRoman law. 1. A notary or clerk; a shorthand writer. \n2. A keeper of public records. \nactuary (ak-choo-air-ee), n. A statistician who deter\nmines the present effects offuture contingent events; \nesp., one who calculates insurance and pension rates \non the basis of empirically based tables. actuarial \n(ak-choo-air-ee-ill), adj. \nactum (ak-tilm), n. [Latin] A done; an act or \ndeed. \nactum et tractatum (ak-tilm et trak-tay-tilm). [Law Latin] \nHist. (Of an instrument) done and transacted. \nactus (ak-t~s), n. [Latin] L An act or action; a thing \ndone. 2. Hist. An act of Parliament; esp., one passed by \nboth houses but not yet approved by the monarch. Cf. \nSTATUTUM (1). 3. Roman law. A servitude for driving \ncattle or a carriage across another's land. -Also \ntermed (in sense 3) jus actus. Cf. ITER (1). \nactus animi (ak-t~s an-~-mI). [Law Latin] Hist. An act \nofthe mind; an intention. See ANIMUS. \n\"Again, consent, which is essential to all contracts, is \nan actus animi, and is presumed in all cases where the \ncontract is ex facie regular,\" John Trayner, Trayner's Latin \nMaxims 21-22 (4th ed. 1894). \nactus legitim us (ak-t~s lil-jit-il-mds). [Law Latin] Hist. An \nact in the law; a juristic act; spedf., an act the perfor\nmance of which was accompanied by solemn rituals. \nactus proximus (ak-t~s prok-si-m~s). [Law Latin] Hist. \nAn immediate act, as distingUished from a preparatory \nact, esp. in the commission of a crime. \nactus reus (ak-tds ree-dB also raY-ds). [Law Latin \"guilty \nact\"] (1902) The wrongful deed that comprises the \nphYSical components of a crime and that generally \nmust be coupled with mens rea to establish criminal \nliability; a forbidden act <the actus reus for theft is the \ntaking of or unlawful control over property without \nthe owner's consent>. Also termed deed ofcrime; \novert act. See CORPUS DELICTI. Cf. MENS REA. [Cases; \nCriminal Law for each payment period, after crediting each payment, \"The word actus connotes a 'deed.' a physical result ofwhich is credited first to interest and then to principal. human conduct. When criminal policy regards such a deed \n[Cases: Labor and Employment <8=>500.] as sufficiently harmful it prohibits it and seeks to prevent \n\nACUS 42 \nits occurrence by imposing a penalty for its commission. It \nhas long been the custom of lawyers to describe a deed so \nprohibited by law in the words actus reus. Thus actus reus \nmay be defined as 'Such result of human conduct as the \nlaw seeks to prevent.' It"}
{"text": "reus. Thus actus reus \nmay be defined as 'Such result of human conduct as the \nlaw seeks to prevent.' It is important to note that the actus \nreus, which is the result of conduct, and therefore an event, \nmust be distinguished from the conduct which produced \nthe result. For example, in a simple case of murder it is \nthe victim's death (brought about by the conduct of the \nmurderer) which is the actus reus; the mens rea is the mur\nderer'S intention to cause that death. In other words, the \ncrime is constituted by the event, and not by the activity \n(or in certain cases, as we shall see, by the omission to act) \nwhich caused the event.\" JW. Cecil Turner, Kenny's Outlines \nafCriminal Law 13 (16th ed. 1952). \n\"The phrase 'deed of crime' [= actus reus] as so used \ndoes not indicate the crime itself but merely one of the \ningredients of crime; and this ingredient may be present \nwithout any crime at all, just as hydrogen is one of the \ningredients of water but may be present without water. \nThe words 'deed of crime' are so suggesting of the crime \nitself, however, that perhaps the Latin phrase 'actus reus' \nis less likely to cause confusion. The actus reus is essential \nto crime but is not sufficient for this purpose without the \nnecessary mens rea, just as mens rea is essential to crime \nbut is insufficient without the necessary actus reus.\" Rollin \nM. Perkins & Ronald N. Boyce, Criminal Law 831 (3d ed. \n1982). \nACUS. abbr. ADMINISTRATIVE CONFERENCE OF THE \nUNITED STATES. \nA.D. abbr. ANNO DOMINI. \nad (ad), prep. [Latin] At; by; for; near; on account of; to; \nuntil; upon; with relation to; concerning. \nADA. abbr. AMERICANS WITH DISABILITIES ACT. \nad abundantiorem cautelam (ad ab-<ln-dan-shee-or-<lm \nkaw-tee-l<lm). [Law Latin] Hist. For more abundant \ncaution. -Also termed ad cautelam ex superabundanti \n(ad kaw-tee-Idm eks s[y]oo-pJr-ab-<ln-dan-tI). \nad admittendum clericum (ad ad-mi-ten-dam kler-J\nbm). [Law Latin] See DE CLERICO ADMITTENDO. \nad aliud examen (ad ay-Iee-<ld eg-zay-m<ln), adv. [Law \nLatin] To another tribunal. \nad alium diem (ad ay-lee-<lm dI-am), adv. [Law Latin] \nTo another day. \nadaptation right. Copyright. A copyright holder'S exclu\nsive right to prepare derivative works based on the pro\ntected work. 17 USCA  106(2) . For example, before a \nmovie studio can make a film version ofa book, it must \nsecure the author's adaptation right. See derivative work \nunder WORK (2). [Cases: Copyrights and Intellectual \nProperty <.:;=::c 12(3).J \nad assisas capiendas (ad <l-SIZ-as kap-ee-en-d<ls). [Law \nLatin] To take assizes; to hold assizes. \na dato (ay day-toh), adv. [Law Latin] From the date. \nAlso termed a datu. \nad auctoritatem praestandam (ad awk-tor-i-tay-tJm \npree-stand-ddm). [Law Latin] Hist. For interposing \ntheir authority . The phrase typically referred to \ntutors or curators ad litem who provided authority \nbut incurred no personal liability in exercising their \noffice. ad audiendam considerationem curiae (ad aw-dee-en\nd<lm bn-sid-<l-ray-shee-oh-nJm kyoor-ee-I), vb. [Law \nLatin] To hear the judgment of the court. \nad audiendum et determinandum (ad aw-dee-en-dJm et \ndi-t<lr-mi-nan-d<lm), vb. [Law Latin] To hear and deter\nmine. See OYER ET TERMINER. \nADB. abbr. ACCIDENTAL-DEATH BENEFIT. \nad barram (ad bahr- .. m), adv. [Law Latin] To the bar; \nat the bar. \nad barram evocatus (ad bahr-Jm ee-voh-kay-tJs). [Law \nLatin] Called to the bar. See CALL TO THE BAR. \nad campi partem (ad kam-pI pahr-t<lm or -tern). [Law \nLatin] For a share ofthe field or land. \nad captandum lucrum (ad cap-tan-dJmloo-kr<lm). [Law \nLatin] Hist. For the purpose ofmaking gain. \nad captum vulgi (ad kap-t<lm vdl-jI). [Law LatinI Adapted \nto the common understanding . The phrase appeared \nin reference to statutes concerning matters that people \nusu. handled without legal assistance. \nad cautelam ex superabundant;. See AD ABUNDANTIO\nREM CAUTELAM. \nad civilem effectum (ad s<l-vI-I<lm e-fek-tdm). [Law Latin] \nHist. As to the civil effect. _ The phrase appeared in \nreference to the effect of an act in a civil case, as dis\ntingUished from the effect ofthe same act in a criminal \ncase. \nad coelum doctrine. The common-law rule that a land\nowner holds everything above and below the land, \nup to the sky and down to the earth's core, includ\ning all minerals. _ This rule governs ownership of \n\"hard\" (immovable) minerals such as coal, but not \n\"fugacious\" (volatile) minerals such as oil and Cf. \nRULE OF CAPTURE. [Cases: Mines and Minerals \nProperty <:;=07.] \nad coelum et ad in/eros. [Law Latin) Up to the sky and \ndown to the center ofthe earth <the ownership ofland \nextends ad coelum et ad in/eros>. \nad colligendum (ad kol-i-jen-d<lm). [Law Latin] For col\nlecting <administrator ad colligendum>. \nad colligendum bona defuncti (ad kol-i-jen-dJm boh-n<l \ndi-f<lngk-tr). [Law Latin \"for collecting the goods ofthe \ndeceased\"] Special letters ofadministration authoriZing \na person to collect and preserve a decedent's property. \nad communem legem (ad k<l-myoo-n<lm lee-j<lm), n. [Law \nLatin \"to common law\"] Hist. A writ ofentry available \nafter the death ofa life tenant to recover a reversionary \ninterest in land alienated by the tenant. -Also termed \nentry ad communem legem. \nad commune nocumentum (ad b-myoo-nee nok-Y<l\nmen-tam), adv. [Law Latin] To the common nuisance. \nad comparendum (ad kom-pJ-ren-d ..m), vb. [Law Latin] \nTo appear . This term is part of the larger phrase ad \ncomparendum, et ad standum juri (\"to appear and to \nstand to the law\"). Also termed (in standard Latin) \nad comparandum. \n\n43 \nad computum reddendum (ad k<lm-pyoo-tam ri-den\ndam), vb. [Law Latin] To render an account. \nad consimiles casus (ad bn-sim-a-Ieez kay-sds). [Law \nLatin] Hist. To similar cases. See CONSIMILI CASU. \nad convincendam conscientiam judicis (ad kon-vin\nsen-dam kon-shee-en-shee-dm joo-di-sis). [Law Latin] \nScots law. Sufficient to satisfy the moral conviction of \nthe judge . The phrase appeared in reference to cir\ncumstantial evidence that was admissible in paternity \ncases because direct proof was unavailable. \nadcordabilis denarii (ad-kor-day-ba-lis di-nair-ee-l), n. \n[Latin] Hist. Money paid by a vassal to the lord upon \nthe sale or exchange of a feud. \nad culpam (ad kal-pdm), adv. [Law Latin] Until miscon\nduct \nad curiam (ad kyoor-ee-dm), adv. [Law Latin] At a court; \nto court. \nad curiam vocare (ad kyoor-ee-am voh-kair-ee), vb. \n[Law Latin] To summon to court. \nad custagia (ad k<l-stay-jee-a), adv. [Law Latin] At the \ncosts. \nad custum (ad kas-tdm), adv. [Law Latin] At the cost. \nadd, n. Parliamentary law. A form of amendment that \nplaces new wording at the end ofa motion or ofa para\ngraph or other readily divisible part within a motion. \nSee amendment by adding under AMENDMENT (3). \nad damnum clause (ad dam-nam). [Latin \"to the \ndamage\"] (1840) A clause in a prayer for relief stating \nthe amount of damages claimed. See PRAYER FOR \nRELIEF. [Cases: Federal Civil Procedure C=,679; \nPleading (;::;)72.] \n\"Where the amount the plaintiff is entitled to recover \nappears from the statement of facts as where the \namount due the plaintiff is alleged on breach of a money \ndemand, the demand ofjudgment may take the place of an \nad damnum clause.\" Edwin E. Bryant, The Law ofPleading \nUnder the Codes ofCivil Procedure 209 (2d ed. 1899). \nadded damages. See punitive damages under \nDAMAGES. \nad defendendum (ad di-fen-den-d~m), vb. [Latin} To \ndefend. \naddendum (~-den-d~m). (17c) Something to be added, \nesp. to a document; a supplement. \naddicent (ad-i-sent), adj. Roman law. One who transfers \nsomething by official authority. \naddicere (~-dis-ar-ee), vb. [Latin] Roman law. To adjudge, \nallot, or condemn. \naddict (a-dikt), n. A person who habitually uses a sub\nstance, a narcotic drug. [Cases: Chemical Depen\ndents Controlled Substances addict \n(Cl-dikt), vb. -addictive, adj. -addiction, n. \ndrug addict. A person who is psychologically or physi\nologically dependent on a narcotic drug. \naddict, vb. Roman law. 1. To adjudge (to); to deliver under \ncourt order. 2. More broadly, to surrender a thing (to \nsomeone else). additional-consideration rule \naddictio (d-dik-shee-oh), n. [Latin] Roman law. The \nawarding by a magistrate of a person or thing to \nanother, as the property of a debtor to a creditor, or \nas a form of conveyance. -Also termed addiction. PI. \naddictiones (d-dik-shee-oh-neez). \naddictio in diem (d-dik-shee-oh in dI-dm). [Latin \n\"assignment for a fixed period\" or \"postponement to \na date\"] Roman law. A clause in a contract of sale in \nwhich the parties agree that the contract can be termi\nnated if the seller receives a better offer within a speci\nfied period. Also termed in diem addictio. \naddiction. 1. The habitual and intemperate use of a \nsubstance, esp. a potentially harmful one such as a \nnarcotic drug. The usual requisites are (I) an emo\ntional dependence that leads to compulsiveness; (2) \nan enhanced tolerance of the substance, leading to \nmore potent doses; and (3) phYSical dependence such \nthat withdrawal symptoms result from deprivation. 2. \nADDICTIO. [Cases: Chemical Dependents (';:.:> 1; Con\ntrolled Substances \naddictive drug. See DRUG. \nad diem (ad dl-dm). [Latin] At a day; at the appOinted \nday. \naddition. (17c) 1. A structure that is attached to or con\nnected with another building that predates the struc\nture; an extension or annex. Although some courts \nhave held that an addition is merely an appurtenant \nstructure that might not actually be in physical contact \nwith the other building, most courts hold that there \nmust be physical contact. 2. A title or appellation \nappended to a person's name to show rank, occupation, \nor place of residence . In English law, there are tradi\ntionally four kinds of additions: (1) those of estate, such \nas yeoman, gentleman, or esquire; (2) those of degree \n(or dignity), such as knight, baron, earl, marquis, or \nduke; (3) those of trade or occupation, such as scriv\nener, painter, mason, or carpenter; and (4) those of \nplace of residence, such as London, Bath, or Chester. \nIt was formerly required by the statute of additions (1 \nHen. 5, ch. 5) that original writs and indictments state \na person's addition, but the practice has long since been \nabolished. \nadditional claims after allowance. Patents. Claims sub\nmitted for the first time by amendment after the U.S. \nPatent and Trademark Office has informed the appli\ncant of the patent application's allowance . Once a \nnotice ofallowance has been issued, the applicant may \nnot by right submit additional claims. But in some cir\ncumstances, such as when the applicant seeks to add \nonly dependent claims, the supervisory examiner has \nauthority to enter an amendment containing additional \nclaims after allowance but on or before the date when \nthe issue fee is paid. See amendment after allowance \nunder PATENT- APPLICATION AMENDMENT. [Cases: \nPatents (;::::: 109.] \nadditional-consideration rule. Employment law. An \nexception to the employment-at-will principle, whereby \nan employee who does not have a written contract but \n\n44 additional damages \nwho undertakes substantial hardship in addition to \nthe normal job duties -as by relocating to a different \ncity based on oral assurances of job security can \nmaintain a breach-of-contract claim if the employer \ndoes not fulfill its agreement. [Cases: Labor and \nEmployment (;=>34(2).] \nadditional damages. See DAMAGES. \nadditional extended coverage. Insurance"}
{"text": "(;=>34(2).] \nadditional damages. See DAMAGES. \nadditional extended coverage. Insurance. A policy \nendorsement providing supplemental residential \ncoverage for a variety of perils, including vandalism, \ndamage from falling trees, and water damage from the \nplumbing system. \nadditional grand jury. See special grand jury under \nGRAND JURY. \nadditional instruction. See JURY INSTRUCTION. \nadditional insurance. See INSURANCE. \nadditional insured. See INSURED. \nadditional legacy. See LEGACY. \nadditional-perils clause. See INCHMAREE CLAUSE. \nadditional servitude. See SERVITUDE (2). \nadditional standard deduction. See DEDUCTION. \nadditional tax. See stopgap tax under TAX. \nadditional term. See TERM (5). \nadditional work. See WORK (1). \nadditur (ad-<l-tuur). [Latin \"it is added to\"] (1894) A trial \ncourt's order, issued usu. with the defendant's consent, \nthat increases the jury's award ofdamages to avoid a \nnew trial on grounds of inadequate damages. -The \nterm may also refer to the increase itself, the procedure, \nor the court's power to make the order. Also termed \nincrescitur. Cf. REMITTITUR. [Cases: Federal Civil Pro\ncedure New Trial (;=> 161.) \nadd-on clause. (1965) An installment-contract provi\nsion that converts earlier purchases into security for \nnew purchases. [Cases: Secured Transactions (;=> 114, \n146.] \naddone (<l-doh-nee), p.pl. [Law French] Given to. Also \nspelled addonne. \nadd-on interest. See INTEREST (3). \nadd-on loan. See LOAN. \naddress, n. 1. The place where mail or other communi\ncation is sent. 2. In some states, a legislature's formal \nrequest to the executive to do a particular thing, such \nas to remove a judge from office. 3. Equity practice. The \npart ofa bill in which the court is identified. See DIREC\nTION (5). \naddress to the Crown. Upon a reading ofa royal speech \nin Parliament, the ceremonial resolution by Parliament \nexpressing thanks to the sovereign for the gracious \nspeech. _ Formerly, two members were selected in each \nhouse for moving and seconding the address. With the \ncommencement ofthe 1890-1891 session, a Single reso\nlution was adopted. adduce (a-d[y]oos), vb. (15c) To offer or put forward for \nconsideration (something) as evidence or authority \n<adduce the engineer's expert testimony>. adduc\ntion (<l-dak-sh<ln), n. -adducible (<l-d[y]oo-s<l-b<ll), \nadj. \nADEA. abbr. AGE DISCRIMINATION IN EMPLOYMENT \nACT. \nadeem, vb. To revoke or satisfy (a willed gift) by some \nother gift. [Cases; Wills (;=>766.] \nad effectum (ad i-fek-tam). [Law Latin] To the effect. \nad effectum sequentem (ad i-fek-t<lm si-kwen-t<lm). [Law \nLatin] To the effect following. \nademptio (<l-demp-shee-oh), n. [Latin) Roman law. \nAdemption. _ The term referred to the revocation ofa \nlegacy under certain circumstances, as when the item \nbequeathed no longer existed or when the testator no \nlonger owned the item. The ablative form ademptione \nmeans \"by ademption.\" PI. ademptiones (<l-demp-shee\noh-neez). \nademption (a-demp-sh<ln), n. (16c) Wills & estates. The \ndestruction or extinction of a testamentary gift by \nreason ofa bequeathed asset's ceasing to be part ofthe \nestate at the time of the testator's death; a beneficiary's \nforfeiture ofa legacy or bequest that is no longer opera\ntive. -There are two theories ofademption. Under the \nidentity theory ofademption, a devise ofa specific \nof property will fail if that property is not a part of \nthe testator's estate upon his or her death. Under the \nintent theory ofademption, by contrast, when a specific \ndevise is no longer in the testator's estate at the time \nof his or her death, the devisee will receive a gift of \nequal value ifit can be proved that the testator did not \nintend the gift to be adeemed. The intent theory has \nbeen codified in  2-606 of the 1990 Uniform Probate \nCode. Also termed extinguishment oflegacy. Cf. \nABATEMENT; ADVANCEMENT; LAPSE (2). [Cases: Wills \n(;=>764-771.] adeem (a-deem), vb. -adeemed, \nadempted, adj. \nademption by extinction. (1847) An ademption that \noccurs because the unique property that is the subject \nof a specific bequest has been sold, given away, or \ndestroyed, or is not otherwise in existence at the time \nof the testator's death. [Cases: Wills (;=>767,768.] \nademption by satisfaction. (1916) An ademption that \noccurs because the testator, while alive, has already \ngiven property to the beneficiary in lieu of the testa\nmentary gift. [Cases: Wills (;=>766.] \nI adeo (ad-ee-oh). [Latin] So; as. \nadequacy ofdisclosure. Patents. Satisfaction ofthe stat\nutory requirements that the specification in a patent \napplication (1) gives enough detailed information \nto enable one skilled in the art to make and use the \nclaimed invention (the enablement requirement); (2) \ndiscloses the best way the inventor knows to make and \nuse the invention (the best-mode requirement); and \n(3) shows that the inventor was in full possession of \nthe claimed invention on the application's filing date \n\n45 \n(the written-description requirement) . A patent that \nfails to meet anyone of these requirements may be \nrejected under 35 USCA  112. Any issued patent with \nan inadequate disclosure is invalid, although the chal\nlenger has to overcome the presumption ofvalidity. \nAlso termed sufficiency ofdisclosure. See ENABLEMENT \nREQUIREMENT; BEST-MODE REQUIREMENT. [Cases: \nPatents \nadequacy test. See IRREPARABLE-INJURY RULE. \nadequate, adj. Legally sufficient <adequate notice>. \nadequate assurance. See ASSURANCE. \nadequate care. See reasonable care under CARE. \nadequate cause. See adequate provocation under PROVO\nCATION. \nadequate compensation. See just compensation under \nCOMPENSATION. \nadequate consideration. See CONSIDERATION (1). \nadequate notice. See due notice under NOTICE. \nadequate protection. Bankruptcy. Consideration that a \ndebtor provides to secured creditors to protect them \nfrom the deteriorating condition or diminishing value \nof their collateral during the pendency of the bank\nruptcy. The consideration, which can be in any form, \nis most commonly an additional payment, additional \nlien, or replacement lien. [Cases: Bankruptcy (;::::> \n3062.] \n\"Bankruptcy intends to safeguard secured creditors' \nencumbrances, but the stay threatens them by prevent\ning the secured creditors from foreclosing or taking other \nactions to apply the property's value against the secured \ndebt. Bankruptcy aims to guard against this threat by \nordering relief ... for lack of adequate protection of the \nsecured interest.\" David G. Epstein et aI., Bankruptcy  3-27, \nat 140 (1993). \nadequate provocation. See PROVOCATION. \nadequate remedy at law. See REMEDY. \nadequate representation. See REPRESENTATION (3). \nadequate-state-grounds doctrine. (1962) A judge-made \nprinciple that prevents the U.S. Supreme Court from \nreviewing a state-court decision based partially on state \nlaw ifa decision on a federal issue would not change the \nresult. [Cases: Federal Courts \nadequate warning. See WARNING, \nadesse (ad-es-ee), vb. Civil law. To be present. Cf. \nABESSE. \nadeu (<I-dyoo), adv. [Law French] Without day . This is a \ncommon term in the Year Books, indicating a final dis\nmissal from court (alez adeu \"go hence without day\"). \nSee GO HENCE WITHOUT DAY; ALLER SANS JOUR. \nad eversion em juris nostri (ad i-v<lr-shee-oh-n<lm joor-is \nnos-tn). [Law Latin] To the overthrow ofour right. \nad excambium (ad eks-kam-bee-dm). [Law Latin] For \nexchange; for compensation. \nad exhaeredationem (ad eks-heer-<'l-day-shee-oh-n<lm). \n[Law Latin] To the disinheritance; to the injury of the \ninberitance. ad fundandam jurisdictionem \n\"The writ of waste calls upon the tenant to appear and shew \ncause why he hath committed waste and destruction in the \nplace named, ad exhaeredationem, to the disinherison of \nthe plaintiff.\" 3 William Blackstone, Commentaries on the \nLaws ofEngland 228 (1768). \nad exitum (ad ek-si-t<lm), [Law Latin] At issue; at the end \n(usu. of pleadings). \nADF. abbr. AFRICAN DEVELOPMENT FOUNDATION. \nadfaciendam juratam ilIam (ad fay-shee-en-ddm jd-ray\nt<lm il-<lm). [Law Latin] To make up that jury. \nadfaciendum (ad fay-shee-en-d<lm). [Latin1 To do; to \nmake. \nadfactum praestandum (ad fak-t<lm pree-stand-d\"m). \n[Law Latin \"for the performance of a particular act\"] \nScots law. An obligation to perform an act other than \npaying money; an obligation that must be strictly ful\nfilled (such as to hand over a vase sold). \n\"In popular language almost all obligations may be said \nto be of this class, but there are obligations of a peculiar \ncharacter which alone are denoted by the legal signification \nof this phrase. The obligation of a debtor is clearly one for \nthe performance of a certain act, namely, the payment of \nhis debt; but a decree at the instance of his creditor would \nnot be termed a decree ad factum praestandum. An obliga\ntion ad factum praestandum is one for the performance of \nan act within the power of the obligant ....\" John Trayner, \nTrayner's Latin Maxims 27 (4th ed. 1894). \nadfeodi firmam (ad fee-<l-dI f<lr-m<lm). [Law Latin1 To \nfee farm. See FEE FARM. \nad fidem (ad fI-d<lm), adv. [Law Latin] In allegiance; \nunder allegiance; owing allegiance. This term \nappeared in a variety of phrases, including ad fidem \nregis (\"under the king's allegiance\") and natus ad fidem \nregis (\"born in allegiance to the king\"). \nadfilum aquae (ad fI-l<lm ak-wee), adv. [Law Latin] To \nthe thread ofthe water; to the central line or middle \nof a stream . This refers to the ownership reach of a \nriparian proprietor. -Also termed ad medium filum \naquae. \nadfilum viae (ad fI-l<lm vI-eel, adv. [Law Latin] To the \nmiddle of the way; to the central line of the road. \nAlso termed ad l~ediumfilum viae. \nadfinem (ad fI-n<lm), adv. [Latin] To the end. This \ncitation Signal, abbreviated in text ad fin., formerly \nprovided only the first page of the section referred \nto, but now usu. directs the reader to a stated span of \npages. \nadfinis (ad-fI-neez), n. [Latin] Roman law. A relative of \none's spouse. PI. adfines. \nadfinitas (ad-fin-i-tas), Il. [Latin] Roman law. The con\nnection between a husband or wife and relatives of his \nor her spouse. \nad firmam tradidi (ad far-m<lm tray-d<l-dr), n. [Law \nLatin] See FARM LET. \nadfundandam jurisdictionem (ad f<ln-dan-ddm joor-is\ndik-shee-oh-n<lm). [Law Latin] Hist. For the purpose of \nfounding jurisdiction. See ARRESTUM JURISDICTIONIS \nFUNDANDAE CAUSA. \n\n46 ad gao/am deliberandam \nad gaolam deliberandam (ad jay-ldm di-lib-d-ran-ddm), \nvb. [Law Latin] To deliver the jail; to make jail delivery. \nSee COMMISSION OF GAOL DELIVERY; JAIL DELIVERY. \nadgravamen (ad grd-vay-m;m), adv. [Latin] To the griev\nance, injury, or oppression of (another person). \nadhere, vb. 1. (Of one house in a bicameral legislature) to \nreject the other house's insistence on a difference in leg\nislation that has passed both houses, without requesting \na conference. Cf. INSIST ON. \n\"When both houses have insisted [on differing views about \nan amendmentl without a request for conference, it is also \nin order to move to adhere. Adoption of a motion to adhere \nrepresents an unyielding attitude of the adopting house. It \nis unparliamentary for an adhering house to request a con \nference; however, the other house may continue to insist \nand request a conference. It is in order for an adhering \nhouse to recede from its adherence and agree to a confer \nence.\" National Conference of State Legislatures, Mason'S \nManual of Legislative Procedure  768, at 556-57 (2000). \n2. Scots law. To live together as husband and wife. 3. \nScots law. (Of an appellate court) to affirm a lower \ncourt's judgment. -adherence, n. \nadherence. 1. ACCESSION (3). 2."}
{"text": "\ncourt's judgment. -adherence, n. \nadherence. 1. ACCESSION (3). 2. Scots law. The duty of \nspouses to live together. \nadhesion. See ACCESSION (3). \nadhesionary contract. See adhesion contract under \nCONTRACT. \nadhesion contract. See CONTRACT. \nadhesory contract. See adhesion contract under \nCONTRACT. \nadhibere (ad-hd-bair-ee), vb. [Latin] Civil law. To apply; \nto put (a thing) to use; to exercise. \nadhibere diligentiam (ad-hd-bair-ee dil-<l-jen-shee-dm), \nvb. [Latin] Civil law. To use care. \nad hoc (ad hok), adj. [Latin \"for this\"] Formed for a par\nticular purpose <the board created an ad hoc commit\ntee to discuss funding for the new arena>. ad hoc, \nadv. \nad hoc arbitration. See ARBITRATION. \nad hoc committee. See COMMITTEE. \nad hoc compromis. See COMPROMIS. \nad hominem (ad hom-<l-n<lm), adj. [Latin \"to the person\"] \n(16c) Appealing to personal prejudices rather than to \nreason; attacking an opponent's character rather than \nthe opponent's assertions <the brief was replete with \nad hominem attacks against opposing counsel>. - ad \nhominem, adv. \nad hunc diem (ad hangk dI-<lm), adv. [Law Latin] To \nthis day. \nadiate (ad-ee-ayt), vb. Roman-Dutch law. To accept as \nbeneficiary under a will. -adiation, n. \nad idem (ad I-dam). [Latin] To the same point or matter; \nof the same mind <the parties reached a consensus ad \nidem and agreed to consummate a sale>. \na die confectionis (ay dI-ee bn-fek-shee-oh-nis), adv. \n[Law Latin] From the day of the making. a die datus (ay dI-ee day-tds), n. [Latin \"given from \n(such-and-such) a day\"] A lease provision establishing \nthe beginning of the rental period. \nadieu (d-dyoo). [Law French \"to God\"] Farewell.  This \nterm, although etymologically distinct, appears some\ntimes in the Year Books in place of adeu. See ADEU; \nALLER ADIEU. \nad inde (ad in-dee), adv. [Law Latin] To that or them; \nthereto. \nad inferos. [Law Latin] To the center of the earth. See AD \nCOELUM ET AD INFEROS. \nad infinitum (ad in-fd-nHdm). [Latin \"without limit\"] \nTo an indefinite extent <a corporation has a duration \nad infinitum unless the articles ofincorporation specify \na shorter period>. \nad informandum judicem (ad in-for-man-ddm joo-di\nsdm). [Law Latin] Hist. For the judge's information. \nAlso termed ad informationem judiciS. \nad informationem judicis. See AD INFORMANDUM \nrUDICEM. \nad inquirendum (ad in-kw<l-ren-ddm), n. [Law Latin \"to \ninquire\"] Hist. A writ instructing the recipient to inves\ntigate something at issue in a pending case. \nad instantiam parHs (ad in-stan-shee-am pahr-tis), adv. \n[Law Latin] Rist. At the instance ofa party. \nad interim (ad in-t<lr-im), adv. [Latin] Hist. In the \nmeantime; temporarily. \nad interim copyright. See COPYRIGHT. \nadiratus (ad-d-ray-t<ls), adj. [Law Latin] Hist. Lost; \nstrayed; removed. \naditio (d-dish-ee-oh), n. Hist. An outsider'S informal \nacceptance ofheirship. \naditio hereditatis (<l-dish-ee-oh h<l-red-Hay-tis). [Latin \n\"entering on an inheritance\"] Roman law. An heir's \nacceptance of an inheritance. -Also spelled aditio \nhaereditatis. See CRETION. \nadjacent, adj. Lying near or close to, but not necessarily \ntouching. Cf. AD10INING. \nadject (a-jekt), vb. To annex or adjOin. -adject, adj. \nadjectio dominii percontinuationem possessionis (a-jek\nshee-oh d<l-min-ee-r pdr k;m-tin-yoo-ay-shee-oh-nam \np<l-zes[h]-ee-oh-nis). [Latin] Roman law. The acquisi\ntion ofthe right to property ownership by continued \npossession. This acquisition is otherwise known as \nusucapio or acquisitive prescription. See USUCAPIO; \nadequate prescription under PRESCRIPTION. \nadjective law (aj-ik-tiv). (l80S) The body ofrules govern\ning procedure and practice; PROCEDURAL LAW. Also \ntermed adjectival law. [Cases: Action C=66.] \n\"The body of law in a State consists of two parts, substan\ntive and adjective law. The former prescribes those rules of \ncivil conduct which declare the rights and duties of all who \nare subject to the law. The latter relates to the remedial \nagencies and procedure by which rights are maintained, \ntheir invasion redressed, and the methods by which such \nresults are accomplished in judicial tribunals.\" Edwin \n\n47 \nE. Bryant, The Law of Pleading Under the Codes of Civil \nProcedure 1 (2d ed. 1899). \nadjoining (a-joyn-ing), adj. (lSc) Touching; sharing \na common boundary; CONTIGUOUS. Cf. ADJACENT. \n[Cases: Adjoining Landowners LJ adjoin \n(a-joyn), vb. \nadjoining owner. See OWNER. \nadjourn (<l-j;nu), vb. (lSc) Parliamentary law. To end or \npostpone (a proceeding). Cf. RECESS (2). \n\"A motion to recess suspends the current meeting until a \nlater time; the unqualified motion to adjourn terminates \nthe meeting. When an assembly reconvenes following a \nrecess, it resumes the meeting at the point where it was \ninterrupted by the motion to recess. When an assembly \nreconvenes following an adjournment, it begins an entirely \nnew meeting, starting with the first step in the regular \norder of business.\" Alice Sturgis, The Standard Code of \nParliamentary Procedure 76 (4th ed. 2001). \nadjourn sine die (sl-nee [or sin-ayJ dI-ee). [Latin \n\"without date\"] To end a deliberative assembly's or \ncourt's session without setting a time to reconvene. \nAlso termed adjourn without day. See SINE DIE. Cf. \nRISE (4). \nadjourn to a day certain. To end a deliberative assem\nbly's or court's session while fixing a time for the next \nmeeting. Also termed adjourn to a day and time \ncertain;fix a day to which to adjourn. \nadjourn without day. See adjourn sine die. \nadjournatur (aj-<lr-nay-tdr). [Latin] It is adjourned. \nThis word formerly appeared at the end ofreported \ndecisions. \nadjourued. See STAND ADJOURNED. \nadjourned meeting. See MEETING. \nadjourned term. See TERM (5). \nadjournment (d-jdrn-mant), n. l. The act ofadjourning; \nspecif., a putting off ofa court session or other meeting \n. or assembly until a later time. See ADJOURN. \nadjournment sine die (a-j<lrn-m<lnt sl-nee [or sin-ay] \ndl-ee). The ending of a deliberative assembly's or \ncourt's session without setting a time to reconvene. \nAlso termed adjournment without day. \n\"The term adjournment sine die (or adjournment without \nday) usually refers to the dose of a session of several \nmeetings: (a) where the adjournment dissolves the \nassembly as in a series of mass meetings or in an \nannual or biennial convention for which the delegates are \nseparately chosen for each convention; or (b) where, unless \ncalled into special session, the body will not be convened \nagain until a time prescribed by the bylaws or constitu \ntion as in the case of a session of a legislature.\" Henry \nM. Robert, Robert'S Rules of Order Newly Revised  8, at \n81 (10th ed. 2000). \nconditional adjournment. An adjournment that does \nnot schedule another meeting, but provides for recon\nvening the assembly at an officer's or board's call or \nunder other defined circumstances. \n2. The period or interval between adjourning and \nreconvening. [Cases: Criminal Law C:::l649; Trial C=> \n26.] adjudicium provocare \nadjournment day. See DAY. \nadjournment day iu error. See DAY. \nadjourn sine die. See ADJOURN. \nadjudge (<l-j<lj), vb. (14c) 1. ADJUDICATE (1). 2. To deem \nor pronounce to be. 3. To award judicially. Cf. ABJUDGE. \n4. Scots law. (Of a creditor) to take a debtor's estate \nthrough adjudication. See ADJUDICATION (3).5. To \naward (some or all ofa debtor's estate) to a creditor. \nadjudger, n. l. One who adjudges. 2. Scots law. An \nadjudging creditor. \nadjudicataire (<l-joo-di-k<l-tair), n. Canadian law. One \nwho buys property at a judicial sale. \nadjudicate (<l-joo-di-kayt), vb. 1. To rule upon judi\ncially. 2. ADJUDGE (2). 3. ADJUDGE (3). Also termed \njudicate. \nadjudicatee (a-joo-di-ka-teel. Civil law. A purchaser at \na judicial sale. \nadjudicatio. Roman law. A part of a formula in a parti\ntion action by which the judge aSSigned the parties real \nrights in their shares; specif., a part ofa formula (Le., \nthe praetor's statement ofan issue for a judex) directing \nthe judex to apportion property in a divisory action . \nAdjudicatio was used to apportion property in divisory \nactions such as actio de communi dividundo, actio \nfamiliae erciscundae, and actio finium regundorum. It \nwas not part ofthe formula in any other type ofaction. \nSee FORMULA (1). \nadjudication (d-joo-di-kay-sh<ln), n. (17c) 1. lhe legal \nprocess of resolving a dispute; the process ofjudicially \ndeciding a case. 2. JUDGMENT. \nformer adjudication. See FORMER ADJUDICATION. \n3. Scots law. The Court ofSession's transfer ofheritable \nproperty to a creditor as security for or in satisfaction of \na debt, or its vesting title in an entitled claimant \nadjudicatiou hearing. See HEARING . \nadjudication withheld. See deferred judgment under \nJUDGMENT. \nadjudicative (<l-joo-di-b-tiv), adj. 1. Of or relating to \nadjudication. 2. Having the ability to judge. Also \ntermed adjudicatory; judicative. \nadjudicative-claims arbitration. See ARBITRATION. \nadjudicative fact. See FACT. \nadjudicative law. See CASELAW. \nadjudicator (d-joo-di-kay-t<lr). A person whose job is \nto render binding decisions; one who makes judicial \npronouncements. \nadjudicatory. See ADJUDICATIVE. \nadjudicatory hearing. See adjudication hearing under \nHEARIC'lG. \nadjudicatory proceeding. See adjudication hearing \nunder HEARING. \nad judicium provocare (ad joo-dish-ee-dID proh-v<l\nkair-ee), vb. [Latin] To summon to court; to commence \nan action. \n\n48 adjunct \nadjunct (aj-;mgkt), adj. (16c) Added as an accompanying \nobject or circumstance; attached in a subordinate or \ntemporary capacity <an adjunct professor>. -adjunct, \nn. \nadjunct account. See ACCOUNT. \nadjunction (<:l-j;mgk-sh;m). 1. The act of adding to. 2. \nCivil law. The union of an item of personal property \nowned by one person with that owned by another. See \nACCESSION (4). [Cases: Accession (;=J 1.] \nadjunctum accessorium (<:l-jangk-t<:lm ak-s<:l-sor-ee-am), \nn. [Law Latin] An accessory or appurtenance. \nad jungendum auxilium (ad j<:ln-jen-d<:lm awg-zil\nee-<:lm), vb. [Law Latin] To join in aid. \nad jura regis (ad joor-<:l ree-jis), n. [Law Latin \"for the \nrights of the king\"] Hist. A writ brought against a \nperson seeking to eject the holder of a royal benefice. \n The writ was available to the holder ofthe benefice. \nadjuration (aj-<:l-ray-sh<:ln), n. 1. The act of solemnly \ncharging or entreating. 2. A swearing; a solemn oath. \n[Cases: Oath (;=J 1.] \nadjure (<:l-juur), vb. (14c) To charge or entreat solemnly \n<the President adjured the foreign government to \njoin the alliance>. -adjuration (aj-<:l-ray-sh<:ln), n. \nadjuratory (<:l-juur-<:l-tor-ee), adj. -adjurer, adjuror \n(<:l-juur-<:lr), n. \nadjust, vb. 1. To determine the amount that an insurer \nwill pay an insured to cover a loss. [Cases: Insurance \n(;=J 3234.] 2. To arrive at a new agreement with a \ncreditor for the payment ofa debt. \nadjustable-rate mortgage. See MORTGAGE. \nadjustable-rate preferred stock. See STOCK. \nadjusted basis. See BASIS. \n"}
{"text": "GAGE. \nadjustable-rate preferred stock. See STOCK. \nadjusted basis. See BASIS. \nadjusted book value. See BOOK VALUE. \nadjusted cost basis. See BASIS. \nadjusted gross estate. See ESTATE (3). \nadjusted gross income. See INCOME. \nadjusted ordinary gross income. See INCOME. \nadjusted present value. See PRESENT VALUE. \nadjuster. One appointed to ascertain, arrange, or settle \na matter; esp., an independent agent or employee ofan \ninsurance company who investigates claimed losses, \nand negotiates and settles claims against the insurer. \nAlso termed claims adjuster. [Cases: Insurance (;=J \n3222.] \naverage adjuster. Maritime law. An adjuster who deter\nmines the proportionate value of sacrificed cargo as \na percentage of the total value ofthe ship, cargo, and \nfreight, and who allocates contribution among the \nowners of the surviving properties. See CONTRIBU\nTION (4). [Cases: Shipping (::2166.] \n\"The mutual contributions are settled by the 'statements' \nof persons called average adjusters, who are not truly arbi \ntrators or umpires between the parties, but who can, by \ntheir impartiality, command so high a degree of respect \nfor their 'statements,' that they are likely to be accepted by \nthe parties; unless indeed there should arise an important question of principle calling for judicial determination.\" 2 \nStephen's Commentaries on the Laws of England 247 (L. \nCrispin Warmington ed., 21st ed. 1950). \nindependent adjuster. An adjuster who solicits business \nfrom more than one insurance company; one who is \nnot employed by, and does not work exclusively for, \none insurance company. \nadjusting entry. An accounting entry made at the end \nof an accounting period to record previously unrec\nognized revenue and expenses, as well as changes in \nassets and liabilities. \nadjustment board. An administrative agency charged \nwith hearing and deciding zoning appeals. -Also \ntermed board ofadjustment; board ofzoning appeals. \n[Cases: Zoning and Planning (;=J354.] \nadjustment bond. See BOND (3). \nadjustment ofstatus. Immigration law. The changing of \nan alien'S classification from nonimmigrant or parolee \n(temporary) resident to immigrant (permanent) \nresident.  This is a technical term used only in United \nStates immigration filings. Cf. 245(1) WAIVER. [Cases: \nAliens, Immigration, and Citizenship (;=J309.] \nadjustment security. See SECURITY. \nadjutant general (aj-<:l-t<:lnt), n. (usu. cap.) 1. The admin\nistrative head of a military unit having a general staff. \n[Cases: Armed Services (;=J4, 6.1.] 2. An officer in \ncharge ofthe National Guard ofa state. [Cases: Militia \n(;=J3,7.] \nad largum (ad lahr-g<:lm), adj. [Law Latin] At large; at \nliberty; unconfined. \nadlegiare (ad-lee-jee-air-ee), vb. [Law Latin] To purge \n(oneself) of a crime by oath. See PURGATION. \nad levandam conscientiam (ad l<:l-van-d<:lm kon-shee\nen-shee-<:lm). [Law Latin] Scots law. For the purpose of \neasing the conscience . The phrase typically described \ncertain confessions that a criminal suspect voluntarily \nmade when apprehended and that could be used as \nevidence in the criminal trial. But an arrested suspect's \nresponses to questions posed by the arresting officer \nwere usu. not admissible because only a magistrate \ncould ask such questions. \nad libellum rescribere (ad l<:l-bel-<:lm ri-skrI-b<:l-ree), vb. \n[Latin] Roman law. To write an answer to a petition, \nesp. one to the emperor. See RESCRIPT (3). \nad libitum (ad lib-i-t<:lm), adv. [Law Latin] At pleasure. \n The modern term ad-lib (adj. & vb.), borrowed from \ndrama and music, is essentially the same; it means \"at \nthe performer's pleasure,\" and allows the performer \ndiscretion in innovating a part impromptu. \n\"[Blut in actions where the damages are precarious, being \nto be assessed ad libitum by ajury, as in actions for words, \nejectment, or trespass, it is very seldom possible for a \nplaintiff to swear to the amount of his cause of action; \nand therefore no special bail is taken thereon .... \" 3 \nWilliam Blackstone, Commentaries on the Laws ofEngland \n292 (1768). \n\n49 administration \nad litem (ad II-tern or -t;}m). [Latin \"for the suit\"] (I8c) \nFor the purposes of the suit; pending the suit. See \nguardian ad litem under GUARDIAN. \nad longum (ad long-gam). [Law Latin) Hist. At length. \nad lucrandum vel perdendum (ad loo-kran-d;}m vel p;}r\nden-d;}m), adv. [Law Latin) For gain or loss. _ These \nwere emphatic words in a warrant of attorney. It is \nsometimes expressed \"to lose and gain.\" See WARRANT \nOF ATTORNEY. \nad majorem cautelam (ad ma-jor-;}m kaw-tee-Iam), adv. \n[Law Latin) For greater security. \nadmanuensis (ad-man-yoo-en-sis), n. [Law Latin fro \nLatin ad-+ manus \"a hand\"] Hist. An oath-taker who \nplaces a hand on the Bible. Cf. AMANUENSIS. \nad manum (ad may-nam), adj. [Latin] At hand; ready \nfor use. \nadmeasurement (ad-mezh-ar-mant), n. (l6c) 1. Ascer\ntainment, assignment, or apportionment by a fixed \nquantity or value, or by certain limits <the ship's \nadmeasurement is based on its crew, engine, and \ncapacity>. 2. A writ obtained for purposes of ascer\ntaining, assigning, or apportioning a fixed quantity or \nvalue or to establish limits; esp., a writ available against \npersons who usurp more than their rightful share of \nproperty. admeasure (ad-mezh-<lr), vb. \nadmeasurement ofdower. Hist. A writ available to an \nheir (or the heir's guardian if the heir is an infant) to \nreduce the dower ofthe ancestor's widow who, while \nthe heir was an infant, was assigned more dower than \nshe was entitled to. -Also termed admensuratione \ndotis. \n\"If the heir or his guardian do not assign her dower within \nthe term of quarantine, or do assign it unfairly, she has her \nremedy at law, and the sheriff is appointed to assign it. Or \nif the heir (being under age) or his guardian assign more \nthan she ought to have, it may be afterwards remedied by \nwrit of admeasurement of dower.\" 2 William Blackstone, \nCommentaries on the Laws ofEngland 136 (1766). \nadmeasurement ofpasture. Hist. A writ against a \nperson whose cattle have overgrazed a common \npasture. \nad medium filum aquae. See AD FILUM AQUAE. \nad medium filum viae. See AD FILUM VIAE. \nad melius inquirendum (ad mee-Iee-;:ls in-kw;}-ren-d;}m), \nn. [Law Latin \"for making better inquiry\"] Hist. A writ \ncommanding a coroner to hold a second inquest. \nadmensuratio (ad-men-sha-ray-shee-oh), n. [Law Latin] \nHist. Admeasurement. \nadmensuratione dotis. See admeasurement of dower \nunder ADMEASUREMENT. \nadminicle (ad-min-i-kal), n. 1. Corroborative or explan\natory proof. 2. Scots law. A writing that tends to estab\nlish the existence or terms ofan otherwise unavailable \ndocument, such as a lost will or deed. Also termed \nadminiculum. \nadminicular (ad-ma-nik-y;}-I;}r), adj. Corroborative or \nauxiliary <adminicular evidence>. adminicular evidence. See EVIDENCE. \nadminicuJate (ad-m;}-nik-p-layt), vb. Scots law. To give \ncorroborating evidence. \nadminiculum (ad-m<l-nik-ya-l;}m), n. [Latin \"support\"] \nRoman law. Legal or evidentiary means of supporting \none's case; ADMINICLE. \nadministration, n. (14c) l. The management or per\nformance of the executive duties of a government, \ninstitution, or business. 2. In public law, the practical \nmanagement and direction of the executive depart\nment and its [Cases: Administrative Law and \nProcedure 3. A judicial action in which \na court undertakes the management and distribution \nofproperty. _ Examples include the administration of \na trust, the liquidation of a company, and the realiza\ntion and distribution of a bankrupt estate. See JOINT \nADMINISTRATION. 4. 1he management and settlement \nof the estate of an intestate decedent, or of a testator \nwho has no executor, by a person legally appointed and \nsupervised by the court. -Administration ofan estate \ninvolves realizing the movable assets and paying out \nofthem any debts and other claims against the estate. \nIt also involves the division and distribution of what \nremains. [Cases: Executors and Administrators \n1-516.]- administer, vb. administrative, adj. \nadministration cum testamento annexo (k;)m tes-t;}\nmen-toh <l-nek-soh). [Latin \"with the will annexed\") \nAn administration granted when (1) a testator's will \ndoes not name any executor or when the executor \nnamed is incompetent to act, is deceased, or refuses \nto act, and (2) no successor executor has been named \nor is qualified to serve. Abbr. c.t.a. -Also termed \nadministration with the will annexed. [Cases: Execu\ntors and Administrators (;:::>21.] \nadministration de bonis non (dee boh-nis non). [Latin \n\"of the goods not administered\"] An administration \ngranted for the purpose ofsettling the remainder of \nan intestate estate that was not administered by the \nformer administrator. Abbr. d.b.n. [Cases: Execu\ntors and Administrators (:::::,37.] \nadministration de bonis non cum testamento annexo \n(de boh-nis non kam tes-t;}-men-toh ;}-nek-soh). An \nadministration granted to settle the remainder of a \ntestate estate not settled by a previous administra\ntor or executor. -This type ofadministration arises \nwhen there is a valid will, as opposed to an admin\nistration de bonis non, which is granted when there \nis no wilL Abbr. d.b.n,c.t.a. [Cases: Executors and \nAdministrators \nadministration durante absentia (d[yJuu-ran-tee \nab-sen-shee-<l). An administration granted during \nthe absence of either the executor or the person who \nhas precedence as administrator. \nadministration durante minore aetate (d[y]uu-ran\ntee mi-nor-ee ee-tay-tee). An administration granted \nduring the minority ofeither a child executor or the \nperson who has precedence as administrator. \n\n50 administration bill \nadministration pendente lite (pen-den-tee II-tee). \nAn administration granted during the pendency of \na suit concerning a will's validity. Also termed \npendente lite administration; special administration. \nSee PENDENTE LITE. [Cases: Executors and Admin\nistrators C:::>22.] \nadministration with the will annexed. See administra\ntion cum testamento annexo. \nancillary administration (an-s~-ler-ee). (1814) An \nadministration that is auxiliary to the administra\ntion at the place of the decedent's domicile, such as \none in another state . The purpose ofthis process is \nto collect assets, to transfer and record changed title \nto real property located there, and to pay any debts in \nthat locality. -Also termed foreign administration. \n[Cases: Executors and Administrators \n\"The object of ancillary administration is to collect assets of \nnonresident decedents found within the state and remit the \nproceeds to the domiciliary executor or administrator .... \nOne of the principal purposes of ancillary administration \nis to protect local creditors of nonresident decedents by \ncollecting and preserving local assets for their benefit.\" \n31 Am. Jur. 2d Executors and Administrators  1057-58, \nat 686 (2002). \ncaeterorum administration (set-<:l-ror-~m). [Latin \"of \nthe rest\"] An administration granted when limited \npowers previously granted to an administrator are \ninadequate to settle the estate's residue. \ndomiciliary administration (dom-~-sil-ee-er-ee). \n(1850) The handling of an estate in the state where \nthe decedent was domiciled at death. \nforeign administration. See ancillary administration. \ngeneral administration. (I8c) An administration with \nauthority to deal with an entire estate. Cf. special \nadministration. \nlimited administration. (18c) An administration for \na temporary period or for a special purpose. [Cases: \nExecutors and Administrators C:::>22.] \noriginal administration. An administration that is not \nancillary to a domiciliary administration. \npendente lite administration. See administration \npendente lite. \npublic administration. (1893) In some jurisdictions, \nan administration by an officer appointed to admin\nister for an intestate who has left no person entitled \nto apply for letters (or whose possible representatives \nrefuse to serve). [Cases: Executors and Administra\ntors (;=-,24.] \nspecial administration. (18c) 1. An administration \nwith authority to deal with only some ofa decedent's \nproperty, as opposed to administering the whole \nestate. 2. See administration pendente lite. Cf. general \nadministration. [Cases: Executors and Administra\ntors <':=::22.] \ntemporary administration. (18c) An administration \nin which the court appoints a fiduciary to adminis\nter the affairs of a decedent's estate for a short time \nbefore an administrator or executor can be appointed and qualified. [Cases"}
{"text": "ter the affairs of a decedent's estate for a short time \nbefore an administrator or executor can be appointed and qualified. [Cases: Executors and Administrators \nC:::>22.] \nadministration hill. See BILL (3). \nadministration expense. Tax. A necessary expenditure \nmade by an administrator in managing and distribut\ning an estate . These expenses are tax-deductible even \nif not actually incurred by the time the return is filed. \n[Cases: Executors and Administrators C:::> 108.] \nAdministration for Children and Families. A unit in \nthe U.S. Department of Health and Human Services \nresponsible for health, economic, and social well-being \nissues involving children and families, refugees, legal\nized aliens, and people with developmental disabili\nties. -Abbr. ACF. \nadministration letters. See LETTERS OF ADMINISTRA\nTION. \nadministration of justice. The maintenance of right \nwithin a political community by means ofthe physical \nforce ofthe state; the state's application ofthe sanction \nofforce to the rule of right. \nAdministration on Aging. A unit in the U.S. Depart\nment of Health and Human Services responsible for \npromoting the welfare of the elderly, often in collabora\ntion with governmental agencies that prOVide services \nto the elderly and to caregivers ofthe elderly. \nadministration pendente lite. See ADMINISTRATION. \nadministration with the will annexed. See administra\ntion cum testamento annexo under ADMINISTRATION. \nadministrative act. See ACT. \nadministrative adjudication. The process used by an \nadministrative agency to issue regulations through \nan adversary proceeding. Cf. RULEMAKING. [Cases: \nAdministrative Law and Procedure \nadministrative agency. See AGENCY (3). \nadministrative collateral estoppel. See COLLATERAL \nESTOPPEL. \nAdministrative Conference of the United States. A \nformer independent federal agency that provided a \nforum where agency heads, private attorneys, univer\nsity professors, and others studied ways to improve the \nprocedures that agencies use in administering federal \nprograms. It was abolished in 1995. Abbr. ACUS. \nadministrative-control rule. Tax. The rule making the \ngrantor of a trust liable for tax if the grantor retains \ncontrol that may be exercised primarily for the grant\nor's own benefit. IRC (26 USCA)  675. [Cases: Internal \nRevenue C:::>4025, 4028.] \nadministrative-convenience exception. Bankruptcy. \nA provision permitting a bankruptcy plan to have a \nseparate classification for small, unsecured claims, to \nthe extent that the separate classification will assist in a \nmore efficient disposition of the estate, as by paying or \neliminating the small claims earlier than other claims. \n11 USCA  1122(b). [Cases: Bankruptcy C:::>3550.] \nadministrative crime. See CRIME. \n\n51 \nadministrative deviation. A trustee's unauthorized \ndeparture from the terms ofthe trust. \nadministrative discharge. See DISCHARGE (8). \nadministrative discretion. See DISCRETION (4). \nAdministrative Domain-Name Challenge Panel. \nTrademarks. A board of experts convened under the \nauspices of the World Intellectual Property Organi\nzation to decide Internet domain-name disputes. -\nAbbr. ACP. \nadministrative expense. l. OVERHEAD. 2. Bankruptcy. \nA cost incurred by the debtor, after filing a bankruptcy \npetition, that is necessary for the debtor to continue \noperating its business . Administrative expenses are \nentitled to payment on a priority basis when the estate \nis distributed. 11 USCA  503(b). See general admin\nistrative expense under EXPENSE. [Cases: Bankruptcy \nC=:' 2871-2879.] \nadministrative freeze. Bankruptcy. The refusal by a \ndebtor's bank to permit withdrawals from the debtor's \nbank account after the bank learns that the debtor \nhas filed bankruptcy, usu. because the debtor owes \nmoney to the bank in addition to maintaining funds \non deposit. [Cases: Bankruptcy C=:'2678.] \nadministrative hearing. An administrative-agency pro\nceeding in which evidence is offered for argument or \ntrial. [Cases: Administrative Law and Procedure C=:' \n469.] \nadministrative interpretation. See INTERPRETATION. \nadministrative law. (1896) The law governing the orga\nnization and operation of administrative agencies \n(including executive and independent agencies) and \nthe relations of administrative agencies with the leg\nislature, the executive, the judiciary, and the public . \nAdministrative law is divided into three parts: (1) the \nstatutes endowing agencies with powers and establish\ning rules ofsubstantive law relating to those powers; (2) \nthe body ofagency-made law, consisting ofadministra\ntive rules, regulations, reports, or opinions containing \nfindings offact, and orders; and (3) the legal principles \ngoverning the acts of public agents when those acts \nconflict with private rights. [Cases: Administrative \nLaw and Procedure C=:' 1.] \n\"Administrative law deals with the field of legal control \nexercised by lawadministering agencies other than courts, \nand the field of control exercised by courts over such \nagencies'\" Felix Frankfurter, The Task ofAdministrative \nLaw, 75 U. Pa. L. Rev. 614, 615 (1927). \n\"[Ajdministrative law is to labor law, securities regulation, \nand tax what civil procedure is to contracts, torts, and \ncommercial law. Administrative law studies the way govern \nment institutions do things. It is therefore the procedural \ncomponent to any practice that affects or is affected by \ngovernment decision makers other than just the courts. \nIts study goes beyond traditional questions; it explores a \nvariety of procedures and it develops ideas about decision \nmaking and decisionmakers\" 1 Charles H. Koch, Adminis \ntrative Law and Practice  1.2, at 2 (2d ed. 1997). \ninternational administrative law. l. The internal law \nand rules of international organizations. 2. The sub\nstantive rules of international law that directly refer administrative subpoena \nto the administrative matters of individual states. 3. \nDomestic administrative law specifically concerned \nwith international problems or situations. -Also \ntermed administrative international law. \nadministrative-law judge. (1972) An official who \npresides at an administrative hearing and who has \nthe power to administer oaths, take testimony, rule \non questions of evidence, and make factual and legal \ndeterminations. 5 USCA  556(c). -Abbr. ALJ. \nAlso termed hearing examiner; hearing officer; trial \nexaminer. [Cases: Administrative Law and Procedure \nC=:'443.] \nAdministrative Office ofthe United States Courts. An \noffice in the judicial branch of the federal government \nresponsible for administering the nonjudicial business \nof the federal courts (except the Supreme Court), dis\nbursing funds, collecting statistics, fixing certain \nsalaries, and purchasing supplies and equipment. \nCreated in 1939 the Office is supervised by the Judicial \nConference of the United States. 28 USCA  601 et \nseq. -Abbr. AOUSC; AO. See JUDICIAL CONFERENCE \nOF THE UNITED STATES. [Cases: Courts C=:'55.] \nadministrative officer. See OFFICER (1). \nadministrative order. See ORDER (2). \nadministrative patent judge. See JUDGE. \nAdministrative Procedure Act. l. A federal statute \nestablishing practices and procedures to be followed \nin rulemaking and adjudication . The Act was \ndesigned to give citizens basic due-process protections \nsuch as the right to present evidence and to be heard \nby an independent hearing officer. 2. A similar state \nstatute. -Abbr. APA. [Cases: Administrative Law and \nProcedure C=:'4.] \nadministrative proceeding. (1841) A hearing, inquiry, \ninvestigation, or trial before an administrative agency, \nusu. adjudicatory in nature but sometimes quasi-legis\nlative. -Also termed evidentiary hearing;full hearing; \ntrial-type hearing; agency adjudication. [Cases: Admin\nistrative Law and Procedure C=:'309, 341-513.] \nadministrative process. l. The procedure used before \nadministrative agencies. [Cases: Administrative Law \nand Procedure C=:'309.] 2. The means of summoning \nwitnesses to an agency hearing. [Cases: Administrative \nLaw and Procedure C=:'464.] \nadministrative remedy. See REMEDY. \nadministrative review. See REVIEW. \nadministrative rule. (1856) An officially promulgated \nagency regulation that has the force oflaw. Admin\nistrative rules typically elaborate the requirements of \na law or policy. [Cases: Administrative Law and Pro\ncedure C=:'381.] \nadministrative rulemaking. See RULEMAKING. \nadministrative search. See SEARCH. \nadministrative search warrant. See administrative \nwarrant under WARRANT (1). \nadministrative subpoena. See SUBPOENA. \n\n52 administrative tribunal \nadministrative tribunal. An administrative agency \nbefore which a matter may be heard or tried, as dis\ntinguished from a purely executive agency; an admin\nistrative agency exercising a judicial function. [Cases: \nAdministrative Law and Procedure ~309.] \nadministrative warrant. See WARRANT (1). \nadministrator (ad-min-a-stray-tar). (15c) l. A person \nwho manages or heads a business, public office, or \nagency. \ncourt administrator. An official who supervises the \nnonjudicial functions of a court, esp. the court's \ncalendar, judicial assignments, budget, and nonjudi\ncial personnel. [Cases: Courts ~)55.] \nlocal administrator. Conflict oflaws. An administra\ntor appointed in the state where property is located \nor where an act is done. \n2. A person appointed by the court to manage the assets \nand liabilities of an intestate decedent . This term once \nreferred to males only (as opposed to administratrix), \nbut legal writers now generally use administrator to \nrefer to someone of either sex. In the Restatement of \nProperty, the term administrator includes the term \nexecutor unless specifically stated otherwise. Cf. \nEXECUTOR (2). [Cases: Executors and Administrators \nadministrator ad colligendum (ad kol-i-jen-dam). An \nadministrator appointed solely to collect and preserve \nthe decedent's estate. - Also termed administrator \nad colligendum bona. [Cases: Executors and Admin\nistrators 122.J \nadministrator ad litem (ad II-tern or -tam). A special \nadministrator appOinted by the court to represent \nthe estate's interest in an action usu. either because \nthere is no administrator of the estate or because the \ncurrent administrator has an interest in the action \nadverse to that of the estate. [Cases: Executors and \nAdministrators ~22.] \nadministrator ad prosequendum (ad prahs-a-kwen\nd..m). An administrator appointed to prosecute or \ndefend a certain action or actions involVing the estate. \n(Cases: Executors and Administrators ~22.1 \nadministrator c.t.a. See administrator cum testamento \nannexo. \nadministrator cum testamento annexo (hm tes-ta\nmen-toh a-nek-soh). An administrator appointed by \nthe court to carry out the provisions of a will when \nthe testator has named no executor, or the executors \nnamed refuse, are incompetent to act, or have died \nbefore performing their duties. -Also termed admin\nistrator c.t.a.; administrator with the will annexed. \n[Cases: Executors and Administrators ~21.1 \nadministrator d.b.n. See administrator de bonis non. \nadministrator de bonis non (dee boh-nis non). An \nadministrator appOinted by the court to administer \nthe decedent'S goods that were not administered by \nan earlier administrator or executor. -If there is no \nwill, the administrator bears the name administrator de bonis non (abbr. administrator d.b.n.), but if there is \na will, the full name is administrator de bonis non cum \ntestamento annexo (abbr. administrator d.b.n.c.t.a.). \n[Cases: Executors and Administrators \nadministrator durante absentia (d[yJuu-ran-tee \nab-sen-shee-a). An administrator appointed to act \nwhile an estate's executor or an administrator with \nprecedence is temporarily absent. \nadministrator durante minore aetate (d[y]uu-ran-tee \nmi-nor-ee ee-tay-tee). An administrator who acts \nduring the minority of a person who either is named \nby the testator as the estate's executor or would be \nappointed as the estate's administrator but for the \nperson's youth. [Cases: Executors and Administra\ntors C=Y29(l).] \nadministrator pendente lite. See special administra\ntor. \nadministrator with the will annexed. See administra\ntor cum testamento annexo. \nancillary administrator (an-sa-ler-ee). (1825) A court\nappointed administrator who oversees the distribu\ntion of the part of a decedent's estate located in a \njurisdiction other than where the decedent was domi\nciIed (the place ofthe main administration). [Cases: \nExecutors and Administrators \ndomiciliary administrator. A person appointed to \nadminister an estate in the state where the decedent \nwas domiciled at death. [Cases: Executors and Admin\nistrators ~518.] \nforeign administrator. An administrator appointed in \nanother jurisdiction. [Cases: Executors and Admin\nistrators ~517.] \ngeneral administrator. (18c) A person appointed to \nadminister an intestate decedent's entire estate. \npublic administrator. (1809) A state-appointed officer \nwho administers intestate estates that are not admin\nistered by the decedent's relatives . This officer's right \nto administer is usu. subordinate to the rights of cred\nitors, but in a few jurisdictions the creditors' rights \nare subordinate. [Cases: Executors and Administra\ntors~24.] \nspecial administrator. (18c) 1. A person appointed to \nadminister only a specific part of an intestate dece\ndent's estate. [Cases: Executors and Administrators"}
{"text": "person appointed to \nadminister only a specific part of an intestate dece\ndent's estate. [Cases: Executors and Administrators \n<8::)22.] 2. A person appOinted to serve as adminis\ntrator of an estate solely because of an emergency or \nan unusual situation, such as a will contest. Also \ntermed (in sense 2) administrator pendente lite. \nadministrator ad colligendum. See ADMINISTRATOR (2). \nadministrator ad colligendum bona. See ADMINISTRA\nTOR (2). \nadministrator's bond. See fidUciary bond under BOND \n(2). \nadministrator's deed. See DEED. \nadministratrix (ad-min-a-stray-triks or ad-min\na-stra-triks). Archaic. A female administrator. Pl. \n\n53 \nadministratrixes, administratrices. See ADMINIS\nTRATOR (2). \nadmiraIitas (ad-m,,-ral-,,-tas), n. [Law Latinl1. Admi\nralty; an admiralty court. 2. SOCIETAS NAVALIS. \nadmiral's mast. See MAST (1). \nadmiralty (ad-m\"-r,,l-tee), n. 1. A court that exer\ncises jurisdiction over all maritime contracts, torts, \ninjuries, or offenses. _ The federal courts are so called \nwhen exercising their admiralty jurisdiction, which \nis conferred by the U.S. Constitution (art. III,  2, cI. \n1). Also termed admiralty court; maritime court. \n[Cases: Admiralty 1.] 2. The system of jurispru\ndence that has grown out of the practice of admiralty \ncourts; MARITIME LAW. 3. Narrowly, the rules govern\ning contract, tort, and workers'-compensation claims \narising out ofcommerce on or over navigable water. \nAlso termed (in senses 2 & 3) admiralty law. -admi\nralty, adj. \nAdmiralty, First Lord. See FIRST LORD OF THE ADMI\nRALTY. \nadmiralty and maritime jurisdiction. The exercise of \nauthority over maritime cases by the U.S. district courts \nsitting in admiralty. See 28 USCA  1333. -Often \nshortened to admiralty jurisdiction; maritime jurisdic\ntion. See ADMIRALTY (1); SUPPLEMENTAL RULES FOR \nCERTAIN ADMIRALTY AND MARITIME CLAIMS. [Cases: \nAdmiralty (;::'1-25.] \nAdmiralty Clause. The clause of the U.S. Constitution \ngiving the federal courts jurisdiction over admiralty \nand maritime cases. U.S. Const. art. III,  2, d. L \nadmiralty court. See ADMIRALTY (1). \nAdmiralty Extension Act. A 1948 statute extend\ning admiralty-tort jurisdiction to include all cases in \nwhich damage or injury is caused by a vessel on navi\ngable water, regardless of where the injury or damage \noccurred. 46 USCA app.  740. Specifically, the Act \nextended jurisdiction over damages and injuries that \na vessel causes on land, such as to bridges and piers or \nto people on them. Abbr. AEA. [Cases: Admiralty \n(:::;17.] \nadmiralty jurisdiction. See ADMIRALTY AND MARITIME \nJURISDICTION. \nadmiralty law. 1. See ADMIRALTY (2). 2. See ADMIRALTY \n(3). \nadmissibility (ad-mis-,,-bil-a-tee), n. (18e) The quality \nor state of being allowed to be entered into evidence \nin a hearing, trial, or other official proceeding. [Cases: \nFederal Civil Procedure Trial C=>43.] \n'Admissibility' can best be thought of as a concept consist \ning of two quite different aspects: disclosure to the trier of \nfact and express or implied permission to use as 'evidence.' \nIf we think of admissibility as a question of disclosure or \nnondisclosure, it is usually easy to say whether or not an \nitem of evidence has been admitted. When we consider the \nquestion of permissible use, the concept seems much more \ncomplex. In the first place, evidence may be 'admissible' for \none purpose but not for another.... In the second place, \nquestions of the permissible use of evidence do not arise \nonly at the time of disclosure to the trier of fact. The court admission \nmay have to consider admissibility in deciding whether \nto give the jury a limiting instruction, whether or not an \nopponent's rebuttal evidence is relevant, and whether or \nnot counsel can argue to the jury that the evidence proves \na particular point.\" 22 Charles Alan Wright & Kenneth W. \nGraham Jr., Federal Practice and Procedure  5193, at 184 \n(1978). \nconditional admissibility. (1904) The evidentiary rule \nthat when a piece of evidence is not itself admissi\nble, but is admissible if certain other facts make it \nrelevant, the evidence becomes admissible on con\ndition that counsel later introduce the connecting \nfacts. -If counsel does not satisfy this condition, \nthe opponent is entitled to have the conditionally \nadmitted piece of evidence struck from the record, \nand to have the judge instruct the jury to disregard \nit. [Cases: Criminal Law 681; Federal Civil \nProcedure C=>2014; Trial \ncurative admissibility. (1904) The rule that an inad\nmissible piece ofevidence may be admitted ifoffered \nto cure or counteract the effect ofsome similar piece \nof the opponent's evidence that itself should not \nhave been admitted. [Cases: Criminal Law <8='396; \nEvidence C=>155.] \nlimited admissibility. (1910) The principle that tes\ntimony or exhibits may be admitted into evidence \nfor a restricted purpose. _ Common examples are \nadmitting prior contradictory testimony to impeach \na witness but not to establish the truth, and admit\nting evidence against one party but not another. \nThe trial court must, upon request, instruct the jury \nproperly about the applicable limits when admitting \nthe evidence. Fed. R. Evid. 105. [Cases: Criminal Law \nC=>385, 673; Trial C=>S4, 207.] \nmultiple admissibility. (1904) The evidentiary rule that, \nalthough a piece of evidence is inadmissible under \none rule for the purpose given in offering it, it is nev\nertheless admissible if relevant and offered for some \nother purpose not forbidden by the rules ofevidence. \n[Cases: Criminal Law C=>385; Trial \nadmissible (ad-mis-;l-b\"l), adj. (17c) 1. Capable ofbeing \nlegally admitted; allowable; permissible <admissible \nevidence>. 2. Worthy of gaining entry or being admitted \n<a person is admissible to the bar upon obtaining a law \ndegree and passing the bar exam>. \nadmissible evidence. See EVIDENCE. \nadmission (ad-mish-;ln), n. (15e) 1. Any statement or \nassertion made by a party to a case and ~ffered against \nthat party; an acknowledgment that facts are true. Cf. \nCONFESSION. [Cases: Criminal Law Evidence \nC=>200-205.] \nadmission against interest. (1828) A person's statement \nacknowledging a fact that is harmful to the person's \nposition, esp. as a litigant. -An admission against \ninterest must be made either by a litigant or by one \nin privity with or occupying the same legal position \nas the litigant; as an exception to the hearsay rule, it \nis admissible whether or not the person is available \nas a witness. Fed. R. Evid. 801(d)(2). A declaration \n\n54 admission tax \nagainst interest, by contrast, is made by a nonlitigant \nwho is not in privity with a litigant; a declaration \nagainst interest is also admissible as an exception \nto the hearsay rule, but only when the declarant is \nunavailable as a witness. Fed. R. Evid. 804(b)(3). See \ndeclaration against interest under DECLARATION (6). \n[Cases: Evidence \nadmission by employee or agent. An admission made \nby a party-opponent's agent during employment and \nconcerning a matter either within the scope of the \nagency or authorized by the party-opponent. [Cases: \nCriminal Law Evidence <>.237-245.] \nadmission by party-opponent. (1959) An opposing \nparty's admission, which is not considered hearsay \nifit is offered against that party and is (I) the party's \nown statement, in either an individual or a represen\ntative capacity; (2) a statement ofwhich the party has \nmanifested an adoption or belief in its truth; (3) a \nstatement by one authorized by the party to make \nsuch a statement; (4) a statement by the party's agent \nconcerning a matter within the scope of the agency \nor employment and made during the existence of \nthe relationship; or (5) a statement by a coconspira\ntor of the party during the course of and in further\nance ofthe conspiracy. Fed. R. Evid. 80l(d)(2). [Cases: \nCriminal Law <r~405-41O; Evidence C=)221-253.] \nadmission by silence. (1867) Ihe failure of a party to \nspeak after another party's assertion of fact that, if \nuntrue, would naturally compel a person to deny the \nstatement. [Cases: Criminal Law C-=>407; Evidence \n~\")220.] \nadmission in judicio. See judiCial admission. \nadoptive admission. (1940) An action by a party that \nindicates approva I of a statement made by another, \nand thereby acceptance that the statement is true. \n[Cases: Criminal Law 407; Evidence ('f-=>220.] \nextrajudicial admission. (1824) An admission made \noutside court proceedings. \nimplied admission. (18c) An admission reasonably \ninferable from a party's action or statement, or a \nparty's failure to act or speak. Also termed tacit \nadmission. [Cases: Evidence ~265(12).] \nincidental admission. An admission made in some \nother connection or involved in the admission of \nsome other fact. \nincriminating admission. An admission of facts \ntending to establish guilt. [Cases: Criminal Law (;=\n405.] \njudicial admission. (18c) A formal waiver of proof \nthat relieves an opposing party from having to prove \nthe admitted fact and bars the party who made the \nadmission from disputing it. Also termed solemn \nadmission; admission in judicio; true admission. \n[Cases: Criminal Law (;::::>406(4); Evidence (;::::> 206, \n265(7).] \nquasi-admission. (1813) An act or utterance, usu. \nextrajudicial, that creates an inconsistency with and discredits, to a greater or lesser degree, a present claim \nor other evidence of the person creating the inconsis\ntency. [Cases: Evidence ~200.] \nsolemn admission. See judicial admission. \ntacit admission. See implied admission. \ntrue admission. See judicial admission. \n2. Acceptance of a lawyer by the established licensing \nauthority, such as a state bar association, as a member \nof the practicing bar, usu. after the lawyer passes a bar \nexamination and supplies adequate character refer\nences <admission to the bar> . The entry of a lawyer \non the rolls of an integrated bar, usu. after the fulfill\nment oftwo prerequisites: graduating from law school \nand passing a state bar examination. -Also termed \nadmission to practice law. [Cases: Attorney and Client \n(;=-4-7.] \nadmission on motion. Permanent admission of a lawyer \nwho is in good standing in the bar ofa different state \nwithout the need for a full bar examination. [Cases: \nAttorney and Client \nadmission pro hac vice (proh hak VI-see or proh hak \nvee-chay). Temporary admission of an out-of-juris\ndiction lawyer to practice bet ore a court in a speci\nfied case or set of cases. See PRO HAC VICE. [Cases: \nAttorney and Client (;=-10.] \n3. Patents. A concession or representation by a patent \napplicant that an activity, knowledge, or a publication is \nprior art.  An admission requires the U.S. Patent and \nTrademark Office examiner to consider the relevant \nitem as prior art, even if it does not technically qualify \nas prior art. Also termed admission ofprior art. \n[Cases: Patents \nadmission tax. See TAX. \nadmission to bail. An order to release an accused person \nfrom custody after payment of bail or receipt of an \nadequate surety for the person's appearance for trial. \nSee BAIL (1). [Cases: Bail (;=-39.] \nadmission to practice law. See ADMISSION (2). \nadmission to sufficient facts. See SUBMISSION TO A \nFINDING. \nadmittance. 1. The act of entering a building, locality, \nor the like. 2. Permission to enter. 3. Hist. The act of \ngiving seisin of a copyhold estate . Admittance cor\nresponded with livery ofseisin ofa freehold. Copyhold \nestates were abolished by the Law of Property Act of \n1922. See COPYHOLD. \nadmitted asset. See ASSET. \nadmitted corporation. See CORPORATION. \nadmittendo clerico (ad-mi-ten-doh kler-d-koh). See DE \nCLERICO ADMITTENDO. \nadmittendo in socium (ad-mi-ten-doh in soh-shee-dm). \n[Latin] Hist. A writ for associating certain persons, such \nas knights, to justices ofassize on the circuit. \nadmixture (ad-miks-chdr). l. The mixing of things. 2. \nA substance formed by mixing. \n\n55 \nadmonition (ad-ma-nish-;m), n. (14c) 1. Anv authori\ntative advice or caution from the court t~ the jury \nregarding their duty as jurors or the admissibility \nof evidence for consideration <the judge's admoni\ntion that the jurors not discuss the case until they are \ncharged>. [Cases: Trial C::::> 13"}
{"text": "i\ntion that the jurors not discuss the case until they are \ncharged>. [Cases: Trial C::::> 133.6, 30l.] 2. A reprimand \nor cautionary statement addressed to counsel by a judge \n<the judge's admonition that the lawyer stop speaking \nout of turn>. [Cases: Criminal Law C::::>730; Trial C::::> \n133.4.]3. Eccles. law. An authoritatively issued warning \nor censure. -admonish (ad-mon-ish), vb. admoni\ntory (ad-mon-a-tor-ee), adj. \nadmonitio trina (ad-ma-nish-ee-oh trI-na), n. [Law \nLatin \"triple warning\"] Rist. A threefold warning \nadvising a defendant charged with a capital crime that \nrefusal to answer questions about the offense would in \nitself be considered a capital crime punishable by death. \nSee PEINE FORTE ET DURE. \nad mordendum assuetus (ad mor-den-dam a-swee-tas), \nadj. [Law Latin] Hist. Accustomed to bite. -This phrase \nwas a common charge in a declaration of damage done \nby a dog to a person or to another animal. \nadmortization (ad-mor-ta-zay-shan). Hist. The reduc\ntion ofproperty oflands or tenements to mortmain. \nadnepos (ad-nep-ohs), n. [Latin] Hist. A great-great \ngrandson. \nadneptis (ad-nep-tis), n. [Latin] Hist. A great-great \ngranddaughter. \nadnihilare (ad-nr-ha-Iair-ee), vb. [Law Latin] Hist. To \nannul; to make void. \nad nocumentum (ad nok-yoo-men-tam), adv. [Law Latin] \nHist. To the nuisance; to the hurt or injury. \nad non executa (ad non ek-sa-kyoo-t<l), adv. [Latin] Hist. \nFor the things not executed (as by an executor). \nadnotatio (ad-noh-tay-shee-oh), n. [Latin] Roman law. \nA note written in the margin of a document; esp., the \nreply of the emperor in his own hand to a petition \naddressed to him. See RESCRIPT (3). PI. adnotationes \n(ad-noh-tay-shee-oh-neez). \nad omissa vel male appretiata (ad oh-mis-a vel mal-ee \na-pree-shee-ay-ta). [Law Latin] Scots law. Concerning \nthings omitted or undervalued. -The phrase refers to \nan executor's duty to include in an estate's inventory \npreviously omitted items or to reevaluate undervalued \nitems in the estate's inventory. \nadoptability, n. Family law. 1. A child's availability to be \nadopted, esp. by reason ofall legal impediments having \nbeen removed. 2. The likelihood of a child's being \nadopted; a prospective adoptee's desirability from the \nprospective parents' point of view. adoptable, adj. \n[Cases: Infants C~)155.] \nadopted child. See CHILD. \nadoptee. A person who has become the legal child of one \nor two non biological parents. Also termed adopted \nchild. [Cases: Adoption adoption \nadoption, n. (I4c) 1. Family law. The creation of a par\nent-child relationship by judicial order between two \nparties who usu. are unrelated; the relation of parent \nand child created by law between persons who are not \nin fact parent and child. -This relationship is brought \nabout only after a determination that the child is an \norphan or has been abandoned, or that the parents' \nparental rights have been terminated by court order. \nAdoption creates a parent-child relationship between \nthe adopted child and the adoptive parents with all the \nrights, privileges, and responsibilities that attach to that \nrelationship, though there may be agreed exceptions. \nAdoption is distinguishable from legitimation and \nfrom fosterage. Adoption usu. refers to an act between \npersons unrelated by blood; legitimation refers to an act \nbetween persons related by blood. Universally, a decree \nof adoption confers legitimate status on the adopted \nchild. Adoption is permanent; fosterage is a temporary \narrangement for a child's care. See adopted child,foster \nchild under CHILD. Cf. LEGITIMATION (2); FOSTER CARE \n(1). [Cases: Adoption C::::> 1.] \n\"Although adoption is found in many societies, ancient \nand modern, primitive and civilized, and is recognized by \nthe civil law, it was unknown at common law. Accordingly, \nadoption is entirely a creature of statute ....\" Elias Clark et \naI., Gratuitous Transfers: Wills, Intestate Succession, Trusts, \nGifts, Future Interests, and Estate and Gift Taxation Cases \nand Materials 73~74 (4th ed. 1999). \nadoption by estoppel. (1933) 1. An equitable adoption \nof a child by one who promises or acts in a way that \nprecludes the person and his or her estate from \ndenying adopted status to the child. 2. An equitable \ndecree ofadoption treating as done that which ought \nto have been done. -Such a decree is entered when \nno final decree of adoption has already been obtained, \neven though the principal has acted as ifan adoption \nhas been achieved. A petitioner must show an agree\nment ofadoption, relinquishment ofparental author\nity by the child's biological parents, assumption of \nparental responsibility by the foster parents, and a \nde facto relationship of parent and child over a sub\nstantial period. Such a claim typically occurs when an \nadoptive parent has died intestate, and the child tries \nto be named an heir. In a minority ofstates, adoption \nby estoppel may be a basis for allowing a child to par\nticipate in a wrongful-death action. -Also termed \nequitable adoption; virtual adoption. See ESTOPPEL (1). \n3. See de facto adoption. [Cases: Adoption (;::::)6.] \nadoption by will. Roman law. A posthumous adoption \neffected by a testator's written statement declaring the \nintention to adopt and naming the person adopted. \nThe only legal effect ofsuch an adoption was to entitle \nthe adopted person to assume the testator's family \nname and be regarded as the testator's child. Because \nthe adopted person was never subject to the testator's \nlegal control (patria potestas), the person could not \nacquire agnatic rights or make a claim on the estate \nbeyond any specific testamentary grants. \nadult adoption. The adoption ofone adult by another. \n Many jurisdictions do not allow adult adop\ntions. Those that do often impose restrictions, as by \n\n56 adoption \nrequiring consent of the person to be adopted, but \nmay not look too closely at the purpose for which \nadoption is sought. [Cases: Adoption ~5.l \nagency adoption. An adoption in which parental rights \nare terminated and legal custody is relinquished to an \nagency that finds and approves the adoptive parents . \nAn agency adoption can be either public or private. In \nall states, adoption agencies must be licensed, and in \nmost they are nonprofit entities. Parents who volun\ntarily place a child for adoption most commonly use \na private agency. Cf. private adoption. [Cases: Infants \n~226.l \nblack-market adoption. 1. An illegal adoption in which \nan intermediary (a broker) receives payment for his \nor her services. 2. Baby-selling. [Cases: Adoption ~ \n7.5.] \nclosed adoption. An adoption in which the biologi\ncal parent relinquishes his or her parental rights \nand surrenders the child to an unknown person or \npersons; an adoption in which there is no disclosure \nofthe identity of the birth parents, adopting parent or \nparents, or child . Adoptions by stepparents, blood \nrelatives, and foster parents are exceptions to the no\ndisclosure requirement. Also termed confidential \nadoption. Cf. open adoption; cooperative adoption. \n[Cases: Adoption ~7.3.] \ncooperative adoption. A process in which the birth \nparents and adoptive parents negotiate to reach a \nvoluntary agreement about the degree and type of \ncontinuing contact after adoption, including direct \nvisitation or more limited arrangements such as \ncommunication by telephone or mail, the exchange \nof either identifying or nonidentifying information, \nand other forms ofcontact. Cf. adoption; closed \nadoption. [Cases: Adoption \nde facto adoption. An adoption that falls short of the \nstatutory requirements in a particular state. The \nadoption agreement may ripen to a de jure adoption \nwhen the statutory formalities have been met or if \na court finds that the requirements for adoption by \nestoppel have been met. -Also termed adoption by \nestoppel. [Cases: Adoption \nde facto stepparent adoption. See second-parent \nadoption. \ndirect-placement adoption. See private adoption. \nembryo adoption. Slang. The receipt of a frozen embryo \nthat is implanted into a recipient's womb . Donors \nmust waive all parental rights before the recipients \nof the embryo assume legal ownership or custody. \nThe process is not considered to be a legal adoption \nbecause American law does not treat embryos as \nchildren. [Cases: Adoption \nequitable adoption. See adoption by estoppel. \ngray-market adoption. See private adoption. \nidentified adoption. See private adoption. \nindependent adoption. See private adoption. \nintercountry adoption. See international adoption. international adoption. An adoption in which parents \ndomiciled in one nation travel to a foreign country to \nadopt a child there, usu. in accordance with the laws \nof the child's nation . International adoptions first \nbecame popular after World War II and escalated after \nthe Korean Conflict because ofthe efforts ofhumani\ntarian programs working to find homes for children \nleft orphaned by the wars. More recently prospective \nparents have turned to international adoption as the \nnumber of healthy babies domestically available for \nadoption has steadily declined. -Also termed trans\nnational adoption; intercountry adoption. See MULTI\nETHNIC PLACEMENT ACT OF 1994. [Cases: Adoption \ninterracial adoption. See transracial adoption. \ninterstate adoption. An adoption in which the pro\nspective parents live in one state and the child lives \nin another state. See INTERSTATE COMPACT ON THE \nPLACEMENT OF CHILDREN. [Cases: Adoption \nInfants \njoint adoption. An adoption in which the prospec\ntive parents apply as a couple and are approved or \nrejected as a couple, as opposed to filing separate and \nindividual applications to adopt a child . Although \nthe term most often applies to adoption by a married \ncouple, it also applies to an adoption petition by two \nunmarried partners who are adopting a child. [Cases: \nAdoption ~4.1 \nopen adoption. An adoption in which the biological \nmother (sometimes with the biological father) chooses \nthe adoptive parents and in which the child often con\ntinues to have a post-adoption relationship with his \nor her biological family . Typically the birth parents \nmeet the adoptive parents and participate in the sepa\nration and placement process. The birth parents relin\nquish all legal, moral, and nurturing rights over the \nchild, but usu. retain the right to continuing contact \nand to knowledge ofthe child's welfare and location. \nCf. closed adoption; cooperative adoption. [Cases: \nAdoption Cr~6.1 \nposthumous adoption. An adoption that becomes \nlegally final after the death of either an adoptive \nparent or the adopted child . Few states recognize \nposthumous adoptions; most require all parties to an \nadoption to be alive at the time the final judgment is \nrendered. [Cases: Adoption C=)4, 5, 20.] \nprivate adoption. (1865) An adoption that occurs inde\npendently between the biological mother (and some\ntimes the biological father) and the adoptive parents \nwithout the involvement of an agency. A private \nadoption is usu. arranged by an intermediary such as a \nlawyer, doctor, or counselor. Legal custody -though \nsometimes not physical custody -remains with the \nbiological parent or parents until the termination \nand adoption are complete. -Also termed private\nplacement adoption; direct-placement adoption; direct \nadoption; gray-market adoption; identified adoption; \nindependent adoption. Cf. agency adoption. \n\n57 \nprivate-placement adoption. See private adoption. \npseudo-stepparent adoption. See second-parent \nadoption. \nsecond-parent adoption. An adoption by an unmarried \ncohabiting partner of a child's legal parent, not involv\ning the termination of a legal parent's rights; esp., an \nadoption in which a lesbian, gay man, or unmarried \nheterosexual person adopts his or her partner's bio\nlogical or adoptive child. See Restatement (Third) of \nProperty: Wills and Other Donative Transfers  2.5 \ncmt. i.  Although not all jurisdictions recognize sec\nond-parent adoption, the practice is becoming more \nwidely accepted. See In re Adoption ofB.L.V.B., 628 \nA.2d 1271 (Vt. 1993); In re Adoption of Tammy, 619 \nN.E.2d 315 (Mass. 1993); In re Adoption ofEvan, 583 \nN.y'S.2d 997 (Sur. Ct. 1992). -Also termed de facto \nstepparent adoption; pseudo-stepparent adoption. Cf. \nstepparent adoption. [Cases: Adoption ~4.] \nstepparent adoption. The adoption of a child by a step\nfather or stepmother . Stepparent adoptions are the \nmost common adoptions in the United States. Cf. \nsecond-parent adoption. [Cases: Adoption ~4.] \ntransnational adoption. See international adoption. \ntrans racial adoption. An adoption in which at least one \nadoptive parent is ofa race different from that ofthe \nadopted child . Under federal law, child-placement \nagencies may not use race as a factor in approving \nadoptions. 42 USCA  5115a. -Also termed inter\nracial adoption. See MULTIETHNIC PLACEMENT ACT \nOF 19"}
{"text": "a. -Also termed inter\nracial adoption. See MULTIETHNIC PLACEMENT ACT \nOF 1994. [Cases: Adoption ~4.] \nvirtual adoption. See adoption by estoppel. \nwrongful adoption. See WRONGFUL ADOPTION. \n2. Roman law. The legal process of creating a parent\nchild relationship with a young person who is still \nunder the power of another father. The adopted \nperson became part of the new paterfamilias's agnatic \nfamily with exactly the same standing as children (or \ngrandchildren) by blood. This was later modified by \nJustinian. 3. Contracts. The process by which a person \nagrees to assume a contract previously made for that \nperson's benefit, such as a newly formed corporation's \nacceptance of a preincorporation contract. Cf. ADROGA\nTION. [Cases: Corporations ~448(2).]4. Trademarks. \nThe mental act necessary to acquire legal rights in a \ntrademark, consisting of knowledge and intention to \nuse a trademark on or in connection with a product \nor service in commerce. [Cases: Trademarks ~1131, \n1135.] 5. Parliamentary law. A deliberative assem\nbly's approval or endorsement by vote of a motion or \nreport. -Also termed acceptance; consent; passage; \nratification. -adopt, vb. -adoptive, adj. \nadoption agency. A licensed establishment where a bio\nlogical parent can voluntarily surrender a child for \nadoption. See agency adoption under ADOPTION. \nAdoption and Safe Families Act. A 1997 federal law that \nrequires states to provide safe and permanent homes for \nabused and neglected children within shorter periods adoptive parent \nthan those required by earlier state and federal laws . \nThe primary focus is on the safety and well-being of the \nchild, in contrast to the previously paramount rights of \nthe parents. The ASFA signaled a dramatic shift in the \nphilosophy of child-protection proceedings that had \ncontrolled since 1980 under the Adoption Assistance \nand Child Welfare Act. -Abbr. ASFA. See ADOPTION \nASSISTANCE AND CHILD WELFARE ACT; FOSTER-CARE \nDRIFT. [Cases: Infants ~226.] \nAdoption Assistance and Child Welfare Act. A 1980 \nfederal statute whose purpose was to force states to \nuse reasonable efforts (1) to avoid removing children \nfrom their homes, (2) to reunite families when children \nhad been removed because of abuse or neglect, and (3) \nwhen reunification failed, to terminate parental rights \nand place the children in permanent homes. 42 USCA \n 620 et seq.;  670 et seq . The Act provided funds \nfor foster-care placement, Child Protective Services, \nfamily preservation and reunification, and foster\ncare reform to states complying with the Act. Its aim \nwas to prevent the unnecessary removal of children \nfrom homes and to hasten the return of children in \nfoster care to their families. It has now been essentially \noverruled in philosophy by the 1997 enactment of the \nAdoption and Safe Families Act. See ADOPTION AND \nSAFE FAMILIES ACT. [Cases: Infants ~155.] \nadoption-assistance plan. An employer-sponsored \nprogram that provides financial assistance to employ\nees for adoption-related expenses. \nadoption by estoppel. See ADOPTION (1). \nadoption by reference. See INCORPORATION BY REFER\nENCE (1). \nadoption by will. See ADOPTION. \nadoption-registry statute. A law that provides for the \nrelease of adoption information if the biological parent, \nthe adoptive parent, and the adoptee (after he or she \nreaches a certain statutorily prescribed age) all offi\ncially record their desire for its release. -Also termed \nvoluntary-registry law. \nactive adoption-registry statute. A registry statute that \nauthorizes a state authority to seek out parties' desires \nto obtain or release adoption information when one \nparty expresses a desire for that information. \npassive adoption-registry statute. A registry statute \nallowing parties to register their desires for release of \nadoption information after an adopted child reaches \na specified age. \nadoptive admission. See ADMISSION (1). \nadoptive-admissions rule. (1949) Evidence. The prin\nciple that a statement offered against an accused is not \ninadmissible hearsay ifthe accused is aware of the state\nment and has, by words or conduct, indicated accep\ntance that the statement is true. See adoptive admission \nunder ADMISSION (1). [Cases: Criminal Law~407.] \nadoptive father. See adoptive parent under PARENT. \nadoptive mother. See adoptive parent under PARENT. \nadoptive parent. See PARENT. \n\nad opus 58 \nad opus (ad oh-pas), adv. [Law Latin] For the benefit; for \nthe use . This term indicated an intent to create a use \nto benefit another. See USE (4). \nad ostendendum (ad ah-sten-den-dam), vb. [Law Latin] \nTo show. \nad ostium ecclesiae (ad ah-stee-am e-klee-z[h]ee-ee), \nadv. [Law Latin] At the church door. See dower ad \nostium ecclesiae under DOWER. \nad paratam executionem (ad pa-ray-tam ek-si-kyoo\nshee-oh-nam). [Law Latin] Hist. For execution on \ncompleted diligence . The phrase appeared in judg\nments. \nad pares casus (ad par-eez kay-sas). [Law Latin] Hist. \nTo similar cases. \nad perpetuam rei memoriam (ad par-pech-oo-<lm reC-I \nma-mor-ee-am). (Latin] Hist. For a perpetual record \nof the matter. \n\"By the statute 1685, a register-book is appointed to be \nkept, in which entails are to be recorded, with the name of \nthe maker, the heirs, the provisions and conditions of the \nentail, 'all to remain in the said register ad perpetuam rei \nmemoriam.'\" John Trayner, Trayners Latin Maxims 29-30 \n(4th ed. 1894). \nad perpetuam remanentiam (ad pJr-pech-oo-Jm rem\na-nen-shee-am). [Law Latin] Hist. To remain forever. \n When a vassal surrendered the right of property to \nthe superior ad perpetuam remanentiam, the surren\nder was in favor of the superior, as distinguished from \na transfer in favorem, in which the vassal transferred \nthe property to the superior to be regranted in favor \nofa purchaser. \nad pios usus (ad pI-ohs yoo-sas or yoo-zas), adv. [Law \nLatin] For pious (religious or charitable) uses or \npurposes. This phrase was used in reference to gifts \nand bequests. \nad pristinum statum (ad pris-ti-n;lm stay-t;lm). [Latin] \nHist. To its pristine condition. \nadpromission (ad-pra-mish-;ln). [fro Latin adpromis\nsio] Roman law. 1. A suretyship contract in which the \nsurety promises to be liable for no more than the debtor \nowes. Roman law had three types of adpromission: \n(1) sponsion; (2) fidepromission; and (3) fidejussion. In \naddition, mandatum and pactum de constitutio could \nindirectly be used by way of guarantee. 2. A suretyship \nrelation. Also termed adpromissio. \nadpromissor (ad-prom-is-;lr), n. [Latin] Roman law. A \nsurety for a debtor under a promise by stipulation. See \nADPROMISSION. \nad prosequendam (ad prahs-a-kwen-dam), vb. [Law \nLatin] To prosecute. \nad punctum temporis (ad p;lngk-tdm tem-p;l-ris), adv. \n[Law Latin] At the point oftime. \nad quaerimoniam (ad kweer-a-moh-nee-;lm), adv. [Law \nLatin] On complaint of. \nad quem (ad kwem), adv. lLatin] To which. This term is \nused as a correlative to a quo in computation oftime or \ndistance. For example, the terminus a quo is the point ofbeginning or departure; the terminus ad quem is the \nend ofthe period or point ofarrival. \nad quod curia concordavit (ad kwod kyoor-ee-J kon\nkor-day-vit). [Law Latin] To which the court \nad quod damnum (ad kwod dam-nam). [Latin \"to what \ndamage\"] Hist. A writ directing the sheriff to inquire of \njurors under oath to what damage a grant (as of a fair, \nmarket, liberty, or other franchise) would be to various \npeople if the king were to make the grant.  The writ \nwas issuable from the court ofchancery. Also termed \nwrit ofad quod damnum. \nad quod non juit responsum (ad kwod non fyoo-it \nri-spon-s<lm). [Law Latin] To which there was no \nanswer. This phrase was used in law reports to \nindicate an unresponded-to argument or objection. \nADR. abbr. 1. ALTERNATIVE DISPUTE RESOLUTION. 2. \nASSET-DEPRECIATION RANGE. 3. AMERICAN DEPOSI\nTORY RECEIPT. \nad rationem ponere (ad ray-shee-oh-nam poh-nd-ree), \nvb. [Law Latin \"to give a reason\"] To cite (a person) to \nappear. The Exchequer summoned persons to appear \nand explain a charge with this phrase. \nad recognoscendum (ad ree-kog-nJ-sen-dam), vb. [Law \nLatin] To recognize . These were formal words in \nwrits . \nadrectare (ad-rek-tair-ee), vb. [Law Latin] Hist. To do \nright; to satisfy. \nad rectum (ad rek-tam), vb. [Law Latin] To right; to meet \nan accusation. \nad reparationem etsustentationem (ad rep-J-ray-shee\noh-nJm et s;l-sten-tay-shee-oh-nam), adv. [Law Latin] \nFor repairing and keeping in suitable condition. \nad reprimendam improbitatem huius generis \nhominum (ad rep-ri-men-ddm im-proh-bi-tay-tdm \nhI-dS [or hWI-dS] jen-d-ris hom-d-nam). [Latin] Hist. \nTo repress the dishonesty of this class ofmen. The \nphrase appeared in reference to obligations that the \nlaw imposed on certain persons (such as innkeep\ners) because they were in a unique position to receive \nand misappropriate valuables entrusted to them. Cf. \nNAUTAE, CAUPONES, STABULARJI. \nad respondendum (ad ree-spon-den-ddm). [Latin] To \nanswer. See capias ad respondendum under CAPIAS; \nhabeas corpus ad respondendum under HABEAS \nCORPUS. \nad rimandam veritatem (ad ri-man-dJm ver-i-tay-tam). \n[Latin] Hist. For the investigation of the truth. Parol \ntestimony was sometimes allowed ad rimandam veri\ntatem. \nadrogate (ad-roh-gayt), vb. Roman law. (Of a man) \nto adopt a son or daughter who is not already under \nanother father's power (patria potestas) .  Daughters \nbecame eligible for adoption in the later Empire. \nadrogation (ad-roh-gay-shan), n. [fro Latin arroga\ntio (a-roh-gay-shee-oh)] Roman law. An adoption \nof a person of full capacity (sui juris) into another \n\n59 adulterini \nfamily. -Also termed adrogatio (ad-roh-gay-shee-oh). \nCf. ADOPTION (3). adrogate, vb, \n\"When the person to be adopted was suijuris, and not in \nthe power of a paterfamilias, the ceremony of adoption \nwas called adrogatio.\" Lord Mackenzie, Studies in Roman \nLaw 132 Uohn Kirkpatrick ed., 7th ed. 1898). \nADS. abbr. See AMERICAN DEPOSITARY SHARE. \nads. abbr, AD SECTAM. \nad satisfaciendum (ad sat-is-fay-shee-en-dam), [Latin] To \nsatisfy. See capias ad satisfaciendum under CAPIAS. \nadscendentes (ad-sen-den-teez), n. pi. [Latin] Civil law. \nAscendants, \nadscripti glebae (ad-skrip-tI glee-bee), n. [Latin \n\"(tenants) tied to the soW] Roman law. Tenants or \nserfs bound to the land. Ifthe land was conveved, \nthe serfs were conveyed along with it. Also ter{ued \nglebae ascriptitii. \nadscriptitius (ad-skrip-tish-ee-<ls), n. [Latin] Roman \nlaw. 1. A supernumerary citizen or soldier. 2. A tenant \nbound to the land. -Also spelled adscripticius; ascrip\nticius. \nadscriptus (ad-skrip-tas), adj. [Latin] Roman law. 1. \nAdded, annexed, or bound by or in writing; enrolled \nor registered. 2. Bound, as in servus colonae adscrip\nIus (a tenant bound to an estate as a cultivator) or \nfundus adscriptus (an estate bound to or burdened \nwith a duty). -Also spelled ascriptus; ascriptitius. See \nADSCRIPTUS GLEBAE. \nadscriptus glebae (ad-skrip-t .. s glee-bee). [Latin \"(a \ntenant) tied to the soil\"] Roman law. A tenant or serf \nbound to the land . Ifthe land was conveyed, the serfs \nwere conveyed along with it, but in other respects they \nwere free citizens. Also termed glebae ascriptitius. \nPI. adscripti glebae. \nad sectam (ad sek-t ..m), adj. [Law Latin] At the suit of. \nThis term, in abbreviated form, was used in indexing \nthe names ofcases by defendant -for example, \"B ads. \n!\\' ifB is the defendant. Abbr. ads.; adsm. \nadsessor ("}
{"text": "example, \"B ads. \n!\\' ifB is the defendant. Abbr. ads.; adsm. \nadsessor (ad-ses-ar), n. [Latin] 1. Roman law. A legally \nqualified assistant or adviser to a judge. 2. Hist. \nAssessor.  This was a title ofa master in chancery. \nAlso spelled assessor. \nad similes casus (ad sim-<l-Ieez kaY-S<ls). [Law Latin] Hist. \nTo like cases. See CONSIMILI CASU. \nadsm. abbr. AD SECTAM. \nadstipulator (ad-stip-Y<l-Iay-t ..r), n, [Latin] Roman law. \nAn additional party to a contract who could enforce the \ncontract along with the principal (i.e., the stipulator) . \n An adstipulator who enforced an agreement would \nhave to, in turn, pay the stipulator. An adstipulator was \nbrought in to avoid the rule that a person could not \ndirectly stipulate for payment after death. \nad sustinenda anera matrimonii (ad s<ls-ti-nen-d<l \non-<lr- .. ma-tr ..-moh-nee-l). [Latin] Scots law. To bear \nthe burdens or expenses of the married state. The \nphrase appeared in reference to the purpose for which \nthe dowry was used. ad tentandas vires haereditatis (ad ten-tan-das VI-reez \nh..-red-i-tay-tis). [Latin] Hist. For the purpose oftesting \nthe strength of the inheritance. \nad terminum annorum (ad tar-m ..-n..m <l-nor-<lm), adv. \n[Law Latin] For a term ofyears. \nad terminum qui praeteriit (ad tar-m ..-n..m kWI pri\nter-ee-it). [Law Latin \"for a term which has passed\"] \nA writ ofentry to recover land leased out to a holdover \ntenant. -Also termed entry ad terminum qui prae\nteriit. \nad testificandum (ad tes-ti-fi-kan-d .. m). [Latin] To \ntestify. See habeas corpus ad testificandum under \nHABEAS CORPUS; subpoena ad testificandum under \nSUBPOENA. \nad tunc. [Latin] Then and there. \nad tunc et ibidem (ad tangk et i-bI-d ..m or ib-i-d .. m), \nadv. [Latin] Hist. Then and there being found . This \nphrase was formerly used in indictments. \nadult ( ..-dalt or ad-<llt), n. (17c) A person who has attained \nthe legal age ofmajority, generally 17 in criminal cases \nand 18 for other purposes. -Also termed major. Cf. \nMINOR (1). [Cases: Infants C:::>1,68.5.] adult (a-dalt), \nadj. \nvulnerable adult. An adult who is physically or \nmentally disabled; esp., one dependent on institu\ntional services. \nadult adoption. See ADOPTION. \nadult correctional institution. See PRISON. \nadult disabled person. See PERSON (1). \nadulter (..-dOll-tar), n. [Latinl Roman law. An adulterer; \na man guilty of adultery. \nadultera (a-dal-t ..-r<l), n, [Latin] Roman law. An adulter\ness; a woman guilty ofadultery. \nadulterate ( ..-dal-t;}-rayt), vb. To debase or make impure \nby adding a foreign or inferior substance. [Cases: Adul\nteration C:::>4.J adulteration, n. \nadulterated drug. See DRUG. \nadulterator (<l-dal-ta-ray-t .. r), n. [Latin fro adulterare \"to \nadulterate\"] Civil law. A corrupter; a forger; a coun\nterfeiter, as in adulteratores monetae (\"counterfeiters \nof money\"). \nadulterine ( .. -dal-ta-rin), adj. 1. Characterized by adul\nteration. 2. Illegal; unlicensed. 3. Born of adultery. 4. \nOfor involving adultery' adulterous, \nadulterine, n. Archaic. An illegitimate child. \nadulterine bastard. See BASTARD. \nadulterine gnild. Hist. A group oftraders who act like a \ncorporation without a charter and who pay an annual \nfine for permission to exercise their usurped privi\nleges. \nadulterini (..-d..l-ta-rI-nI). [Law Latin] Hist. Children \nbegotten adulterously. Cf. INCESTUOSI. \n\n60 adulterium \nadulterium (ad-al-teer-ee-am), n. [Latin] Roman & civil \nlaw. L The crime of adultery. 2. A punishment imposed \nfor the offense of adultery. \n\"Adulterium .... [Aldultery ... was considered a criminal \noffense only when committed by a married woman \n(adultera). .. [Before the Lex Julia de adulteriis coercen\ndis of 18 B.C.], customary law admitted only immediate \nrevenge of the husband .... Under the Julian statute, the \nfather of the adulterous woman was permitted to kill her \nand her partner (adulter) if he surprised them in his or her \nhusband's house. The husband's rights were rather limited: \nhe was forced to divorce her, for otherwise he made himself \nguilty of matchmaking [panderingl .. . Besides, he or his \nfather had to accuse the adulteress of adulterium which \nnow became a public crime prosecuted before a criminal \ncourt.' Adolf Berger, Encyclopedic Dictionary ofRoman Law \n352 (1953). \nadultery (a-d~l-ta-ree), n. (15c) Voluntary sexual inter\ncourse between a married person and someone other \nthan the person's spouse . In many jurisdictions, \nadultery is a crime, but it is rarely prosecuted. In states \nthat still permit fault divorce, proof of adultery is a \nground on which a divorce may be granted. A court \nmay also use proof of adultery as a reason to reduce \nthe offending spouse's marital-property award in a \nproperty division. Judges traditionally viewed adultery \nas a reason for denying the offending spouse primary \ncustody of a child in a child-custody dispute. But today, \nonly the deleterious effect of immoral behavior on the \nchild is typically considered relevant. Formerly \nalso termed spouse-breach; avowtry. Cf. FORNICATION; \nINFIDELITY. [Cases: Adultery (~=)I; Divorce C:::c26.] \nadulterous, adj. -adulterer, adulteress, n. \n\"Returning to the question of adultery, evidently this word \ncannot be interpreted today in precisely the meaning it \nbore for the Old Testament patriarchs. On Old Testament \nprinciples one may marry several wives, even two sisters; \nand a married man may and should beget children for his \ndead brother. When Sarah found herself childless, she \nadvised her husband Abraham to go in unto her maid, \nso that she might obtain children by the maid. Such \nacts, though evidently not adulterous within the original \nmeaning of the Decalogue, would be regarded as adulter\nous by the laws and customs of Western society at the \npresent day.\" Glanville Williams, The Sanctity of Life and \nthe Criminal Law 134 (1957). \n\"If a statute provided for the punishment of adultery \nwithout definition of the term, this gave rise to a difficulty \nas to the meaning ofthe word. In England, (1) the common\nlaw meaning of the word was sex with another'S wife, but \nthis was not a common-law offense: (2) as the name of an \noffense it referred to sex by a married person with one \nother than the spouse, but that was recognized only in the \necclesiastical court.\" Rollin M. Perkins & Ronald N. Boyce, \nCriminal Law455 (3d ed. 1982). \n\"In some states, sexual intercourse between two married \npersons, who are not married to each other, constitutes \nadultery on the part of both; sexual intercourse between \na married person and an unmarried person likewise consti\ntutes adultery on the part of both. In other states, adultery \ncan be committed only by a married person. Thus, sexual \nintercourse between two married persons, who are not \nmarried to each other, constitutes adultery on the part \nof both; but if only one party to the sexual intercourse \nis married, the intercourse constitutes adultery on the \nof the married person and fornication on the part of \nunmarried person. In other states, sexual intercourse \nconstitutes adultery only where the woman is the married \nparty. Thus. sexual intercourse between a married woman and a married man other than her spouse or sexual inter\ncourse between a married woman and an unmarried man \nconstitutes adultery on the part of both; but if the woman \nis unmarried, neither party is guilty of adultery even if the \nman is married.\" 2 Charles E. Torcia, Wharton's Criminal \nLaw  211, at 531 (15th ed. 1994). \ndouble adultery. Adultery between persons who are \nboth married to other persons. [Cases: Adultery \n1; Divorce \nincestuous adultery. Adultery between relatives; \nadultery committed by persons who are closely \nrelated. [Cases: Adultery C::::> 1; Incest \nopen and notorious adultery. Archaic. Adultery \nin which the parties reside together publicly, as if \nmarried, and the community is generally aware of \nthe living arrangement and the fact that the couple is \nnot married. [Cases: Marriage C=53.] \nsingle adultery. Adultery in which only one of the \npersons is married. [Cases: Adultery,> I; Divorce \nC=;>26.] \nadult offender. See OFFENDER. \nAdult Protective Services. A governmental agency with \nresponsibility for investigating allegations of elder \nabuse and neglect and for responding appropriately . \nEvery state has such an agency_ -Abbr. APS_ \nad usum et commodum (ad yoo-sam [or -zam] et kom\na-dam), adv. [Law Latin) To the use and benefit. \nad valentiam (ad v<J-Ien-shee-am), adv. [Law Latin] To \nthe value. \nad valorem (ad v<J-lor-am), adj. [Latin \"according to \nthe value\"] (Of a tax) proportional to the value of the \nthing taxed. [Cases: Taxation C=:-o2061.] -ad valorem, \nadv. \nad valorem duty. See DUTY (4). \nad valorem tariff. See TARIFF (2). \nad valorem tax. See TAX. \nadvance, n. (17c) 1. The furnishing of money or goods \nbefore any consideration is received in return. 2. The \nmoney or goods furnished. \nadvance bill. See BILL (6). \nadvance-decline index. See INDEX (2). \nadvance directive. (1984) 1. A document that takes \neffect upon one's incompetency and deSignates a sur\nrogate decision-maker for healthcare matters. _ The \nUniform Health-Care Decision Act (1993) states that \nthe power ofattorney for healthcare must be in writing \nand signed by the principal. Unless otherwise stated, \nthe authority is effective only upon a determination \nthat the principal lacks capacity, and it ceases to be \neffective once the principal regains his capacity. The \nagent must make decisions in accordance with the \nprincipal's relevant instructions, if there are any, or in \nthe principal's best interests. -Also termed power of \nattorney for healthcare; healthcare proxy. See POWER OF \nATTORNEY; UNIFORM HEALTH-CARE DECISION ACT. 2. A \nlegal document explaining one's wishes about medical \ntreatment if one becomes incompetent or unable to \n\n61 adversarius \ncommunicate. -Often shortened to directive. -Also \ntermed medical directive; physician's directive; written \ndirective. See NATURAL-DEATH ACT; PROXY DIREC\nTIVE. Cf. LIVING WILL. 3. DO-NOT-RESUSCITATE ORDER. \n[Cases: Health <8='916.] \nAdvanced Television Enhancement Forum. A stan\ndard-setting organization that defines the protocols \nfor HTML-based enhanced television. -The organiza\ntion is an alliance ofrepresentatives from broadcast and \ncable networks, the consumer electronics and personal\ncomputer industries, and television-transport compa\nnies. -Abbr. ATVEF. \nadvance-fee fraud. See FRAUD. \nadvancement, n. (15c) A payment or gift to an heir (esp. \na child) during one's lifetime as an advance share of \none's estate, with the intention of reducing or extin\nguishing or diminishing the heir's claim to the estate \nunder intestacy laws. -In some jurisdictions, the \ndonor's intent is irrelevant ifall the statutory elements \nof an advancement are present. A few jurisdictions \ndefine the relationship between the donor and donee \nto include inter vivos transfers between ancestors and \ndescendants. See SATISFACTION (4). Cf. ADEMPTION. \n[Cases; Descent and Distribution <8='93-118; Wills <8=' \n757-762.] -advance, vb. \n\"It is sometimes difficult to know whether money which \na parent has given to his child is an advancement or not, \nbut, generally speaking, an advancement is money which \nis given either to start a child in life or to provide for him, \nand does not include casual payments, so that a child is not \nbound to account for every sum received from a parent.\" \nG.c. Cheshire, Modern Law of Real Property 784 (3d ed. \n1933). \nadvance payment. See PAYMENT. \nadvance premium. See PREMIUM (1). \nadvance pricing agreement. Tax. A usu. binding \narrangement made between a multinational company \nand one or more national tax authorities about what \nmethod the company will use to calculate transfer \nprices. -The agreement's purpose is to reduce or elimi\nnate double taxation. -Abbr. APA. \nbilateral advance pricing agreement. An advance \npricing agreement made between a company and \ntwo tax authorities. \nmultilateral advance pricing agreement. An advance \npricing agreement made between a company and \nmore than two tax authorities. \nunilateral advance pricing agreement. An advance \npricing agreement made"}
{"text": "made between a company and \nmore than two tax authorities. \nunilateral advance pricing agreement. An advance \npricing agreement made between a company and \none tax authority. _ This does not necessarily allow \na company to avoid double taxation. A tax authority \nthat is not a party to the agreement is not bound by \nthe transfer-pricing method specified in the agree\nment. \nadvance sheets. (1868) A softcover pamphlet containing \nrecently reported opinions by a court or set of courts. \n-Advance sheets are published during the interim \nbetween an opinion's announcement and its inclusion \nin a bound volume oflaw reports. Cf. slip opinion (1) under OPINION (1); REPORT (3). [Cases: Courts <8=' 103; \nReports \n\"As a bound volume of any series of reports is not published \nuntil sufficient matter has accumulated to fill it, it neces \nsarily results in the holding of the first decisions rendered \nafter the preceding volume has been issued, until there are \nenough more to justify the publication of the next volume. \nEven after enough material has been accumulated to fill a \nvolume, there is necessarily considerable time consumed in \nits printing, indexing, and binding before the book is ready \nfor delivery. Hence, it is customary. as soon as a part of \nthe volume has come from the press, to issue such part in \npamphlet form; and these paper-bound copies are known \nas 'advance sheets.' They are portions of the next volume \nissued in advance offinal publication, being paged as they \nwill appear in the bound volume. Advance sheets enable \nthe enterprising lawyer to obtain the decisions right down \nalmost to the date of his search for the law.\" Frank Hall \nChilds, Where and How to Find the Law 21 (1922). \nadvancing market. See bull market under MARKET. \nadvantagium (ad-van-tay-jee-Jm), n. [Law Latin] Hist. \nAn advantage. \nadvena (ad-vJ-nJ). n. [Latin] Roman law. One who \nhas come from abroad, esp. for a temporary stay; a \nsojourner. \nadventitia bona (ad-ven-tish-ee-a boh-nJ). See BONA \nADVENTITIA. \nadventitia dos (ad-ven-tish-ee-a dohs), n. [Latin] Civil \nlaw. A dowry given by someone other than the wife's \npaterfamilias. PI. adventitiae dotes. \nadventitious property. See PROPERTY. \nad ventrem inspiciendum (ad ven-tram in-spish-ee-en\ndam). n. [Latin] See DE VENTRE INSPICIENDO. \nadventura (ad-ven-t[y]oor-J). n. [Law Latin] Hist. An \nadventure. -Flotsam, jetsam, and lagan were styled \nadventurae maris (\"adventures of the sea\"). \nadventure. (17c) 1. A commercial undertaking that has \nan element of risk; a venture. Cf. JOINT VENTURE. 2. \nMarine insurance. A voyage involVing financial and \ninsurable risk, as to a shipment of goods. Often \nshortened to venture. [Cases: Insurance <8='2214.] \ncommon adventure. A maritime enterprise, charac\nterized as an undertaking in which all participants. \nincluding the carrier, everyone with an interest in \nthe cargo. and the insurers of all share the risks of \nthe perils ofthe sea. _ The principle of shared risk is \nfundamental to maritime law. -Also termed joint \nadventure; common venture. [Cases: Shipping <8=' \n186.) \ngross adventure. A loan on bottomry, so called because \nthe lender will be liable for the gross (or general) \naverage. See BOTTOMRY. \njoint adventure. 1. See common adventure. 2. See JOINT \nVENTURE. \nadventurer. A person who undertakes a hazardous \naction or enterprise; one with a stake in a commercial \nadventure. \nadversarius (ad-vJr-sair-ee-Js). n. [Latin] Roman law. \nAn adversary in a lawsuit. \n\n62 adversary \nadversary (ad-vdr-ser-ee), n. (14c) An opponent; esp., \nopposing counsel. -adversary, adversarial, adj. \nadversary procedure. See ADVERSARY SYSTEM. \nadversary proceeding. (1744) 1. A hearing involving \na dispute between opposing parties <Judge Adams \npreSided over the adversary proceeding between the \nlandlord and tenant>. 2. Bankruptcy. A lawsuit that is \nbrought within a bankruptcy proceeding, governed \nby special procedural rules, and based on conflicting \nclaims usu. between the debtor (or the trustee) and a \ncreditor or other interested party <the Chapter 7 trustee \nfiled an adversary proceeding against the party who \nreceived $100,000 from the debtor one week before the \nbankruptcy filing>. [Cases: Bankruptcy ~2156.] \nadversary system. (1936) A procedural system, such as \nthe Anglo-American legal system, involving active and \nunhindered parties contesting with each other to put \nforth a case before an independent decision-maker.\nAlso termed adversary procedure; (in criminal cases) \naccusatorial system; accusatory procedure. Cf. INQUISI\nTORIAL SYSTEM. \n\"The term adversary system sometimes characterizes \nan entire legal process, and sometimes it refers only to \ncriminal procedure. In the latter instance, it is often used \ninterchangeably with an old expression of continental \nEuropean origin, 'accusatorial procedure,' and is juxta\nposed to the 'inquisitorial,' or 'nonadversary,' process. \nThere is no precise understanding, however, of the insti \ntutions and arrangements denoted by these expressions.\" \nMirjan Damaska, \"Adversary Procedure,\" in 1 Encyclope\ndia ofCrime and Justice 24, 24-25 (Sanford H. Kadish ed., \n1983). \nadverse. I. Against; opposed (to). 2. Having an opposing \nor contrary interest, concern, or position. 3. Contrary \n(to) or in opposition (to). 4. HOSTILE. \nadverse action. A decision or event that unfavorably \naffects a person, entity, or association. -Common \nexamples of adverse actions include a decrease in one's \npay by an employer or a denial ofcredit by a lender. \nadverse-agent doctrine. The rule that an agent's knowl\nedge will not be imputed to the principal if the agent \nis engaged in fraudulent activities that are concealed \nas part of the fraud. [Cases: Principal and Agent \n180.] \nadverse authority. See AUTHORITY (4). \nadverse-domination doctrine. The equitable principle \nthat the statute of limitations on a breach-of-fiduciary\nduty claim against officers and directors (esp. a corpo\nration's action against its own officers and directors) is \ntolled as long as a corporate plaintiff is controlled by \nthe alleged wrongdoers. -The statute is tolled until \na majority of the disinterested directors discover or \nare put on notice ofthe claim against the wrongdoers. \nThe purpose ofthis doctrine is to prevent a director or \nofficer from successfully hiding wrongful or fraudulent \nconduct during the limitations period. FDIC v. Shrader \n& York, 991 F,2d 216, 227 (5th Cir. 1993). This doctrine \nis available only to benefit the corporation. -Also \ntermed adverse dominion; doctrine ofadverse domina\ntion. [Cases: Limitation of Actions (\"'-::::>58(4,5).] adverse dominion. 1. See ADVERSE-DOMINATION \nDOCTRINE. 2. Torts. Rare. The unlawful exercise of \nauthority or control over goods so that the true owner \nis dispossessed. See CONVERSION (2). 3. Rare. See \nADVERSE POSSESSION. [Cases: Limitation of Actions \n~58(4, 5).] \nadverse easement. See prescriptive easement under \nEASEMENT. \nadverse employment action. An employer's decision that \nsubstantially and negatively affects an employee's job, \nsuch as a termination, demotion, or pay cut. -Also \ntermed adverse job action. \nadverse enjoyment. See ENJOYMENT. \nadverse impact. See DISPARATE IMPACT. \nadverse inference. See INFERENCE. \nadverse-inference rule. See ADVERSE-INTEREST RULE. \nadverse interest. (17c) An interest that is opposed or \ncontrary to that ofsomeone else. \nadverse-interest rule. (1904) The principle that ifa party \nfails to produce a witness who is within its power to \nproduce and who should have been produced, the \njudge may instruct the jury to infer that the witness's \nevidence is unfavorable to the party's case. -Also \ntermed empty-chair doctrine; adverse-inference rule. \n[Cases: Criminal Law Evidence ~77;Trial \n~211.] \nadverse job action. See ADVERSE EMPLOYMENT \nACTION. \nadverse opinion. See OPINION (2). \nadverse party. See PARTY (2). \nadverse possession. (lSc) 1. The enjoyment of real \nproperty with a claim ofright when that enjoyment is \nopposed to another person's claim and is continuous, \nexclusive, hostile, open, and notorious. _ In Louisiana, \nit is the detention or enjoyment of a corporeal thing \nwith the intent to hold it as one's own. La. Civ. Code art. \n3421. Also termed adverse dominion. Cf. PRESCRIP\nTION (5). [Cases: Adverse Possession ~1-95.] \nconstructive adverse possession. (1823) 1. Adverse pos\nsession in which the claim arises from the claimant's \npayment of taxes under color of right rather than \nby actual possession of the land. 2. Louisiana law. \nAdverse possession by operation oflaw. _ When a \npossessor holds title to the property and corporeally \npossesses part ofit, the possessor is deemed to have \nconstructive possession of the rest of the property \ndescribed in the title. La. Civ. Code art. 3426. [Cases: \nAdverse Possession \n2. The doctrine by which title to real property is \nacquired as a result of such use or enjoyment over \na specified period of time. See POSSESSION. [Cases: \nAdverse Possession \nadverse presumption. See adverse inference under \nINFERENCE. \nadverse title. See TITLE (2). \n\n63 ad vitandum perjurium \nadverse use. See USE (1). \nadverse witness. See hostile witness under WITNESS. \nadversus (ad-vdr-s;>s), prep. [Latin] Against. -The first \nletter of this term was formerly used in law reports in \nplace ofthe more commonly used v. (\"versus\"). Abbe. \na. \nadversus bonos mores. See CONTRA BONOS MORES. \nadvertent negligence. See NEGLIGENCE. \nadvertising. 1. The action ofdrawing the public's atten\ntion to something to promote its sale. 2. The business \nofproducing and circulating advertisements. \ncomparative advertising. Advertising that specifically \ncompares the advertised brand with another brand of \nthe same product. \ncompetitive advertising. AdvertiSing that contains \nlittle information about the advertised product, and \nthat is used only to help a producer maintain a share \nof the market for that product. \ninformative advertising. Advertising that gives \ninformation about the suitability and quality of a \nproduct. \nadvertising injury. See INJURY. \nadvertiSing substantiation. A doctrine of the Federal \nTrade Commission making it an unfair and deceptive \nact to put out an advertisement unless the advertiser \nfirst has a reasonable basis for believing that each claim \nin the advertisement is true. \nadvice (ad-vIs). 1. Guidance offered by one person, esp. a \nlawyer, to another. See ADVICE OF COUNSEL. 2. Notice of \nthe drawing ofa draft for goods or services. See LETTER \nOF ADVICE; ADVICE OF CREDIT. -advise (ad-vIz), vb. \nremittance advice. Notice that a sum of money has \nbeen sent (esp. by mail) for goods or services. See \nREMITTANCE. \nadvice and consent. The right of the U.S. Senate to par\nticipate in making and ratifying treaties and appoint\ning federal officers, provided by U.S. Const. art II,  2. \n-As to treaties, the Senate's advice and consent gen\nerally includes Senate involvement in the negotiation \nprocess, and the need for a two-thirds majority of the \nSenate for ratification. As to public officers, the Senate's \nadvice and consent generally includes the right to vote \non approval of an appointment. [Cases: United States \n(>35; Treaties (>3.] \nadvice ofcounsel. (17c) l. 1be gUidance given by lawyers \nto their clients. 2. A defense in which a party seeks to \navoid liability or punishment by claiming that he or \nshe acted reasonably and in good faith on the attor\nney's advice. _ Such a defense usu. requires waiver of \nthe attorney-client privilege, and the attorney cannot \nhave knowingly participated in implementing an illegal \nplan. [Cases: Criminal Law (>37.20.] 3. In a mali\ncious-prosecution lawsuit, a defense requiring both a \ncomplete presentation of facts by the defendant to his or \nher attorney and honest compliance with the attorney's advice. See MALICIOUS PROSECUTION. [Cases: Malicious \nProsecution (.::::>21, 25(2).] \n\"Advice of counsel is a defense to a limited number of torts \ninvolving lack of probable cause, bad faith, or malice as an \nelement of the cause of action. By far the most frequent \ncause of action against which the defense is asserted is \nmalicious prosecution. The defense may also be asserted \nto avoid liability for punitive damages on the reasoning \nthat good faith reliance on advice of counsel defeats the \nmalice necessary to an award of punitive damages. In civil \nmatters, the advice is typically obtained from the defen\ndant's own attorney; when the underlying proceeding is \ncriminal, the advice may be obtained from the district \nattorney'S office or similar source and may take the form \nof action by that officer rather than advice followed by \naction by the defendant.\" 4 Ann Taylor Schwing, California \nAffirmative Defenses  41:26, at 8"}
{"text": "\naction by the defendant.\" 4 Ann Taylor Schwing, California \nAffirmative Defenses  41:26, at 82 (2d ed. 1996). \nadvice-of-counsel defense. Patents. In an action for \ninfringement, an assertion that after learning ofthe \nowner's rights, the defendant sought, obtained, and \nrelied on an attorney's well-reasoned opinion before \ncontinuing the challenged act. _ Courts treat the asser\ntion as a factor in determining whether an act was \nwillful (to support enhanced damages). It is not a true \ndefense. Cf. willful infringement under INFRINGEMENT. \n[Cases: Patents (.::::>227.] \nadvice of credit. Notice by an adviSing bank of the \nissuance ofa letter ofcredit. Cf. ADVICE. [Cases: Banks \nand Banking (.::::> 191.10.] \nad vindictam publicam (ad vin-dik-t;>m pab-li-kdm). \n[Latin] Scots law. For vindicating the public interest. \n The phrase appeared in reference to the purpose for \nwhich government prosecuted crimes. \nadvisare (ad-vi-zair-ee), vb. [Law Latin] To consult, \ndeliberate, or consider. See CURIA ADVISARI VULT. \nadvisement (ad-vlZ-mdnt). (l4c) Careful consideration; \ndeliberation <the judge took the matter under advise\nment and promised a ruling by the next day>. \nadvisory action. Patents. See advisory office action under \nOFFICE ACTION. \nadvisory committee. A committee formed to make \nsuggestions to an executive or legislative body or to an \nofficial; esp., anyone offive committees that propose \nto the Standing Committee on Rules of Practice and \nProcedure amendments to federal court rules, the five \ncommittees being responsible for appellate, bankruptcy, \ndvil, criminal, and evidence rules. [Cases: Federal Civil \nProcedure (>31.] \nadvisory counseL See COUNSEL \nadvisory jury. See JURY. \nadvisory office action. See OFFICE ACTION. \nadvisory opinion. See OPINION (1). \nad vitam (ad vI-t;}m), adj. [Latin] For life. \nad vitam aut culpam (ad vI-t;>m awt kal-p;>m), adj. [Law \nLatin] For life or until misbehavior. -This phrase \ndescribed a tenure ofoffice. \nad vitandum perjurium (ad vI-tan-d;}m p;>r-juur\nee-am). [Latin] Scots law. For avoiding perjury. See OB \nMETUM PERJURIL \n\nadvocacy 64 \nadvocacy. 1. The work or profession ofan advocate. 2. \n1he act of pleading for or actively supporting a cause \nor proposal. \nadvocare (ad-va-kair-ee), vb. [Law Latin) 1. To advocate, \ndefend, or protect. 2. To acknowledge or admit openly, \nas to acknowledge paternity of a child (advocare \nfilium). \nadvocassie (ad-va-ka-see), n. [Law French] Advocacy. \nadvocata (ad-va-kay-ta), n. [Law Latin] Hist. A patroness; \na woman holding the right to present to a church. \nadvocate (ad-va-kit), n. (14c) 1. A person who assists, \ndefends, pleads, or prosecutes for another. \npublic advocate. An advocate who purports to repre\nsent the public at large in matters of public concern, \nsuch as utility rates or environmental quality. \n2. Civil & Scots law. A barrister; specif., a member of \nthe Faculty of Advocates (the Scottish counterpart of \na barrister) or ofthe Society ofAdvocates in Aberdeen \n(a society ofsolicitors). A member of the Aberdeen \nsociety is designated \"advocate in Aberdeen.\" Cf. BAR\nRISTER. 3. Hist. Eccles. law. A person who is trained in \nboth canon and secular law and can (1) appear in an \necclesiastical or admiralty court on another's behalf, \nand (2) give legal advice . Members of the College of \nAdvocates (also known as Doctors' Commons) bore \nthe title ofadvocate. After the dissolution ofthe College \nin 1857, the term became indistinguishably associ\nated with barrister. -advocate (ad-va-kayt), vb. \nadvocacy (ad-va-b-see), n. \nadvocate-depute. Scots law. One ofa number of advo\ncates appointed by the Lord Advocate to prosecute \ncriminal cases in his or her name. \nAdvocate General. Scots law. An officer appointed under \nthe Scotland Act of 1998 to advise the British govern\nment on Scotland and to represent it in court. \nadvocate of the faith. Eccles. law. Counsel for the pros\necution in a heresy trial. \nadvocate's bias. See BIAS. \nadvocate-witness rule. See LAWYER-WITNESS RULE. \nadvocati ecclesiae (ad-va-kay-tI e-klee-z[h]ee-ee), n. pl. \n[Latin \"church advocates\"] Hist. Eccles. law. 1. Church \npatrons who had a right to present a clerk to a benefice. \nSee ADVOWSON. 2. Legal advocates retained to argue \ncases relating to a church. \nadvocatio (ad-va-kay-shee-oh), n. [Law Latin] Hist. 1. An \ninferior's management of a business for a superior. 2. \nThe defense ofa religious establishment. 3. ADVOWSON. \n4. Civil law. The quality, function, privilege, office, or \nservice of an advocate; legal assistance. \nadvocation (ad-va-kay-shan), n. Scots law. The removal \nofa criminal case from a lower court to the High Court \nofJusticiary for verdict. \nadvocatione decimarum (ad-va-kay-shee-oh-nee des-a\nmair-am), n. [Law Latin] Hist. A writ to collect a tithe \nbelonging to the church. advocator (ad-voh-kay-tar), n. [Law Latin] Hist. 1. A \nperson who calls on another to warrant a title. 2. A \nwarrantor. 3. The patron ofa benefice. \nadvocatus (ad-voh-kay-tas). [Latin \"advocate\"]!. Roman \nlaw. A legal adviser; a person who assists clients with \ncases before judicial tribunals. Cf. CAUSIDICUS. 2. Hist. \nThe patron 'who has an advowson. Also termed \nadvowee; avowee. See ADVOWSO:N. 3. Hist. A person \ncalled on by another to warrant a title. \nadvocatus diaboli (ad-voh-kay-tas dI-ab-a-lr), n. [Latin \n\"devil's advocate\") Eccles. law. An official who argues \nagainst a person's beatification or canonization. \nadvocatus ecdesiae (ad-va-kay-tas e-klee-z[h]ee-ee). \n[Law Latin] Hist. Eccles. law. The patron ofa benefice. \nadvocatusfisci (ad-voh-kay-tas fisk-I). [Latin] Roman \nlaw. An official responsible for representing the emperor \nin cases involving the public fisc. \nad voluntatem (ad vol-an-tay-tam), adv. & adj. [Law \nLatin] At will. \nadvoutrer (ad-vow-trar), 11. [Law French] Hist. An adul\nterer. Also termed advouter; advouterer; advoutre. \nadvoutry (ad-vow-tree), 11. [Law French] Hist. Adultery \nbetween two married persons. Also spelled \nadvowtry. \nadvowee (ad-vow-ee). A patron who holds an advowson; \nADVOCATUS (2). -Also spelled avowee. \nadvowee paramount. The sovereign, or highest \npatron. \nadvowson (ad-vow-zan). Eccles. law. Ihe right of pre\nsenting or nominating a person to a vacant benefice \nin the church. The person enjoying this right is \ncalled the \"patron\" (patron us) of the church, and was \nformerly termed \"advocatus:' the advocate or defender, \nor in English, the \"advowee.\" The patron presents the \nnominee to the bishop (or, occasionally, another church \ndignitary). Ifthere is no patron, or ifthe patron neglects \nto exercise the right within six months, the right lapses \nand a title is given to the ordinary (usu. the bishop) to \nappoint a cleric to the church. Cf. PRESENTATION (2); \nINSTITUTION (5). \n\"A right of presentation has always been regarded as a \nvaluable object of a sale, a species of real property which \ncan be transferred and dealt with generally in the same \nway as a fee simple estate in lands .... Thus an advowson \nmay be conveyed away in fee simple, fee tail, for life or \nyears, or the conveyance may be limited to the right of \nnext presentation or of a specified number of future pre\nsentations.\" G.c. Cheshire, Modern Law of Real Property \n1l 0 (3d ed. 1933). \n\"An advowson is the perpetual right of presentation to an \necclesiastical living. The owner of an advowson is known \nas the patron. When a living becomes vacant, as when a \nrector or vicar dies or retires, the patron of the living has \na right to nominate the clergyman who shall next hold \nthe living. Subject to a right of veto on certain specified \ngrounds, the Bishop is bound to institute (formally appoint) \nany duly qualified person presented. This is a relic of the \ndays when it was common for the lord of a manor to build \nand endow a church and in return have the right of patron\nage.\" Robert E. Megarry & P.V. Baker, A Manual of the Law \nofReal Properev 414 (4th ed. 1969). \n\n65 affecting commerce \nadvowson appendant (\"-pen-d,mt). An advowson \nannexed to a manor, and passing as incident to it, \nwhenever the manor is conveyed to another. -The \nadvowson passes with the manor even ifit is not men\ntioned in the grant. \nadvowson collative (b-Iay-tiv). An advowson for \nwhich there is no separate presentation to the bishop \nbecause the bishop happens to be the patron as well. \n In this case, the one act by which the benefice is \nconferred is called \"collation.\" \nadvowson donative (don-..-tiv or doh-n..-tiv). An \nadvowson in which the patron has the right to put a \ncleric in possession by a mere gift, or deed ofdonation, \nwithout any presentation to the bishop. -This type of \nadvowson was converted into the advowson presen\ntative by the Benefices Act of 1898. Also termed \ndonative advowson. \n\"An advowson donative is when the king, or any subject \nby his licence, doth found a church or chapel, and ordains \nthat it shall be merely in the gift or disposal of the patron; \nsubject to his visitation only, and not to that of the ordinary; \nand vested absolutely in the clerk by the patron's deed of \ndonation, without presentation, institution, or induction. \nThis is said to have been anciently the only way of con\nferring ecclesiastical benefices in England; the method of \ninstitution by the bishop not being established more early \nthan the time of archbishop Becket in the reign of Henry \n11.\" 2 William Blackstone, Commentaries on the Laws of \nEngland 23 (1766). \nadvowson in gross. An advowson that is separated from \nthe manor and annexed to a person. All advowsons \nthat have been separated from their original manors \nare advowsons in gross. \nadvowson presentative (pri-zen-t ..-tiv). The usual \nkind of advowson, in which the patron has the right \nto make the presentation to the bishop and to demand \nthat the nominee be instituted, ifthe bishop finds the \nnominee canonically qualified. \ndonative advowson. See advowson donative. \nAEA. abbr. See ADMIRALTY EXTENSION ACT. \naedes (ee-deez), n. {Latin] Roman law. A building; esp., \na temple (aedes sacra). \naedificare (ee-da-fi-kair-ee), vb. [Latin] Roman law. To \nerect a building. \naedile (ee-dIl). Roman law. A magistrate charged with \npolicing the city, managing public buildings and \nservices, supervising markets, and arranging public \ngames. Also spelled edile. \naedilitium edictum (ee-d..-lish-ee-am ee-dik-tam). See \nedictum aedilicium under EDICTUM. \naegrotus (ee-groh-tas), adj. [Latin] Sick; indisposed by \nillness. \naemulationis causa (ee-my..-Iay-shee-oh-nis kaw-za). \n[Latin] Hist. For the purpose ofrivaling or annoying. \naemulatio vicini (ee-my..-lay-shee-oh vis-i-nee). \n[Latin] Scots law. The use ofland in a way injurious to \na neighbor. \naenum. See ordeal by water (2) under ORDEAL. aequitas (ek-wa-tas oree-kwa-tas), n. [Latin] Roman law. \nEquity, as opposed to jus strictum orjus summum. \naequus (ee-kwas), adj. [Latin] Equal; even. _ A provision \nin a will, for example, might divide the residuary estate \nex aequis (the adverbial form) among the legatees. \naerarium (i-rair-ee-am), n. [Latin fr. aes \"money\"] \nRoman law. The treasury ofthe Roman Republic. See \nFISCUS. \naes (eez), n. [Latin] Roman law. 1. Copper. 2. Money, of \nwhatever metal. \naes alienum (eez ay-Iee-ee-nam or al-ee-), n. [Latin \n\"another's money\"] Roman law. Money owed to \nanother; borrowed money. \naesnecia (ees-neesh-ee-a). [Law Latin] See"}
{"text": "owed to \nanother; borrowed money. \naesnecia (ees-neesh-ee-a). [Law Latin] See ESNECY. \naes suum (eez s[y]oo-am), n. [Latin \"one's own money\"] \nRoman law. Money lent to a borrower. \naesthetic functionality. See FUNCTIONALITY. \naesthetic zoning. See ZONING. \naestimatio (es-t..-may-shee-oh). [Latin] Roman law. An \nagreement by which the owner ofgoods handed them \nover to another person with the understanding that the \nother would sell what he could for the most he could \nget, paying the owner an agreed price for whatever \ngoods sold and returning the others. PI. aestimationes \n(es-t .. -may-shee-oh-neez). \naetas (ee-tas), n. [Latin] Roman law. Age. \naetas infantiae proxima (ee-tas in-fan-shee-ee prok\nsa-m..), n. [Latin] Roman law. The first part of the \nperiod of childhood between infancy (up to 7 years) \nand puberty (12 to 14 years); esp., for males, the period \nbetween 7 and 1OY2 years ofage. Cf. AETAS PUBERTATI \nPROXIMA; PUERITIA. \naetas legitima (ee-tas !;'}-jit-a-ma), n. [Latin] Roman law. \nLawful age. \naetas perfecta (ee-tas par-fek-ta), n. [Latin] Roman law. \nComplete age; the age ofmajority. \naetasprima (ee-tas prl-m..), n. [Latin] Roman law. First \nage. See INFANTIA. \naetas pubertati proxima (ee-tas pyoo-bar-tay-tI prok\ns..-m..), n. [Latin] Roman law. The second period of \nchildhood, (for males) from 10% to 14 years ofage. Cf. \nAETAS INFANTIAE PROXIMA; PUERITIA. \naetate probanda (ee-tay-tee proh-ban-da). See DE \nAETATE PROBANDA. \nAFDC. abbr. AID TO FAMILIES WITH DEPENDENT \nCHILDREN. \nathl. abbr. Affirmed. \naffect, vb. 1. Most generally, to produce an effect on; to \ninfluence in some way. 2. Civil law. To pledge (property \nor revenues) as security for a loan; HYPOTHECATE. 3. \nScots law. To seize (debtor's property, etc.). \naffectation doctrine. See AFFECTS DOCTRINE. \naffecting commerce. (Of an industry, activity, etc.) \ntouching or concerning business, industry, or trade; \n\nesp., under the Labor-Management Relations Act, \nburdening or obstructing commerce, or having led \nor tending to lead to a labor dispute that burdens \nor obstructs the free flow of commerce. 29 USCA \n 152(7). \naffection. 1. Fond attachment, devotion, or love <alien\nation of affections>. 2. Hist. The pawning or mort\ngaging of a thing to ensure the payment of money or \nperformance ofsome other obligation. \naffects doctrine. (1996) Constitutional law. The principle \nallowing Congress to regulate intrastate activities that \nhave a substantial effect on interstate commerce . The \ndoctrine'is so called because the test is whether a given \nactivity \"affects\" interstate commerce. Also termed \neffects doctrine or (erroneously) affectation doctrine. \n[Cases: Commerce (;:::>7(2).) \naffectus (<l-fek-tas), n. [Latin] Rist. Intent; disposition \nof mind. \naffectus sine effectu (e-fek-tas sl-nee e-fek-t[yJoo). [Latin \n\"an intention without effect\") Hist. An intention that \nis not carried out. \naffeer (a-feer), vb. [fro Old French. affeurer \"to tax\"] Hist. \nTo fix the amount ofan amercement. -affeerment, n. \naffeeror (a-feer-ar), n. Hist. An official responsible for \nassessing amercements in cases in which no precise \npenalty is given by statute. \naffermer (a-f<lr-may), vb. [Law French]l. To let to farm. \n2. To make sure; to confirm. \naff'g. abbr. Affirming. \naffiance (<l-fl-ants). 1. Archaic. The act of confiding. 2. \nThe pledging of faith; specif., the act of promising to \nwed. \naffiant (<l-fI-;mt). (1S07) 1. One who makes an affida\nvit. Also termed deponent. [Cases: Affidavits (;:::>2.] \n2. COMPLAINANT (2). \naffidare (af-<l-dair-ee), vb. [Law Latin] To swear faith to; \nesp., a tenant's pledge offaith to a lord. \naffidatio dominorum (af-<l-day-shee-oh dom-<l-nor-am), \nn. [Law LatinJ Hist. An oath taken by lords in Parlia\nment. \naffidatus (af-a-day-tds), n. [Law Latin] Hist. A tenant by \nfealty. \naffidavit (af-<l-day-vit). (16c) A voluntary declaration \nof facts written down and sworn to by the declarant \nbefore an officer authorized to administer oaths . A \ngreat deal ofevidence is submitted by affidavit, esp. in \npretrial matters such as summary-judgment motions. \nCf. DECLARATION (1), (8). [Cases: Affidavits (;:::> 1.] \naffidavit after appeal. Patents. A sworn statement \nsubmitted to the U.S. Patent and Trademark Office \nafter the filing ofa notice of appeal from an adverse \ndetermination by an examiner. An affidavit or dec\nlaration submitted after a case has been appealed will \nnot be admitted without a showing ofgood and suffi\ncient reasons why it was not presented earlier. [Cases: \nPatents (;:::>111.] affidavit after final rejection. Patents. A sworn state\nment submitted to the U.S. Patent and Trademark \nOffice after an application's final rejection. Also \ntermed declaration after final rejection. [Cases: Patents \n(;:::> 108.] \naffidavit for the record. An affidavit made by a surveyor \nor engineer to supplement, correct, update, or other\nwise alter existing information in official real-estate \nrecords. \naffidavit ofclaim. An affidavit in which a plaintiff \nasserts that he or she has a meritorious cause of \naction. [Cases: Pleading \naffidavit ofcontinued use. See DECLARATION OF USE. \naffidavit ofdefense. See affidaVit ofmerits. \naffidavit ofincontestability. See DECLARATION OF \nINCONTESTABILITY. \naffidavit ofincrease. Hist. An affidavit that lists and \nseeks reimbursement from the opposing party for \nthe additional costs (above the filing fee and other \nbasic fees charged by the court clerk) incurred by a \nparty in taking a matter through trial.  Attorney \nfees, witness payments, and the like were included in \nthis affidavit. See COSTS OF INCREASE. \naffidavit ofinquiry. (1925) An affidavit, required in \ncertain states before substituted service ofprocess on \nan absent defendant, in which the plaintiff's attorney \nor a person with knowledge of the facts indicates \nthat the defendant cannot be served within the state. \n[Cases: Process (;:::>74, 96(4).] \naffidavit ofmerit. See certificate ofmerit. \naffidavit ofmerits. An affidavit in which a defendant \nasserts that he or she has a meritorious defense. \nAlso termed affidaVit ofdefense. [Cases: Judgment \n<8:::> 160,391.] \naffidavit ofnonprosecution. An affidavit in which a \ncrime victim requests that the perpetrator not be \nprosecuted. In many cases, ifthe victim files an affi\ndavit ofnonprosecution, the prosecutor will withdraw \nor not file criminal charges against the perpetrator on \ngrounds that there is no victim. Sometimes, though, \nthe prosecutor will go forward with the prosecution \neven ifthe victim files an affidavit ofnonprosecution. \n[Cases: Criminal Law (;:::>40.] \naffidaVit of notice. An affidavit stating that the \ndeclarant has given proper notice ofhearing to other \nparties to the action. \naffidavit ofservice. (ISc) An affidavit certifying the \nservice ofa notice, summons, writ, or process. [Cases: \nProcess (;:::> 137.] \naffidavit ofuse. See DECLARATION OF USE. \naffidavit ofverification. See VERIFICATION (1). \naffidavit under  8. See DECLARATION OF USE. \naffidavit under  15. See DECLARA nON OF INCONTEST\nABILITY. \n\n67 affirmance \ncounteraffidavit. An affidavit made to contradict and \noppose another affidavit. [Cases: Affidavits \nIFP affidavit. See poverty affidavit. \nin forma pauperis affidavit. See poverty affidavit. \npauper's affidavit. See poverty affidavit. \npoverty affidavit. (1887) An affidavit made by an \nindigent person seeking public assistance, appoint\nment of counsel, waiver of court fees, or other free \npublic services. 28 USCA  1915. -Also termed \npauper's affidavit; in forma pauperis affidavit; IFP \naffidavit. [Cases: Federal Civil Procedure ~2734.1 \nsearch-warrant affidavit. An affidavit, usu. by a police \nofficer or other law-enforcement agent, that sets forth \nfacts and circumstances supporting the existence of \nprobable cause and asks the judge to issue a search \nwarrant. [Cases: Searches and Seizures ~105.] \nself-proving affidavit. (1964) An affidavit attached to a \nwill and Signed by the testator and witnesses certify\ning that the statutory requirements of due execution \nofthe will have been complied with. -lhe affidavit, \nwhich recites the facts ofthe will's proper execution, \npermits the will to be probated without the necessity \nofhaving the witnesses appear and prove due execu\ntion by their testimony. [Cases: Wills \nsham affidavit. An affidavit that contradicts clear \ntestimony given by the same witness, usu. used in \nan attempt to create an issue of fact in response to a \nmotion for summary judgment. [Cases: Federal Civil \nProcedure ~2539; Judgment ~185.2(8).] \nsupplemental affidavit. An affidavit made in addition \nto a previous one, usu. to supply additional facts. \n[Cases: Affidavits ~16.] \naffidavit for the record. See AFFIDAVIT. \naffilare (af-d-Iair-ee), vb. [Law Latin] To put on record; \nto file. \naffile (d-fIl), vb. Archaic. To file. \naffiliate (d-fiI-ee-it), n. (I930) 1. A corporation that is \nrelated to another corporation by shareholdings or \nother means ofcontrol; a subsidiary, parent, or sibling \ncorporation. [Cases: Corporations ~1.5.] 2. Securi\nties. One who controls, is controlled by, or is under \ncommon control with an issuer ofa security. SEC Rule \nWb-18(a)(1) (17 CFR  240.Wb-18(a)(1. See CONTROL \nPERSON. Cf. ASSOCIATED PERSON. -affiliate (a-fil-ee\nayt), vb. -affiliation (d-fil-ee-ay-sh;m), n. \naffiliate click frand. See FRAUD. \naffiliated director. See outside director under \nDIRECTOR. \naffiliated group. A chain ofcorporations that can elect \nto file a consolidated tax return because at least 80% \nof each corporation is owned by others in the group. \n[Cases: Criminal Law ~40.1 \naffiliated purchaser. See PURCHASER (1). \naffiliation order. Seefiliation order under ORDER (2). \naffine (d-fIn). A relative by marriage. affinitas (d-fin-a-tas). [Latin] Roman law. Relationship \nby marriage. \naffinitas affinitatis (a-fin-i-tas d-fin-i-tay-tis), n. [Law \nLatin \"affinity of affinity\"] Hist. Relationship by two \nmarriages, e.g., with one's stepmother's stepchild; a con\nnection that arises from marriage but is neither consan\nguinity nor affinity. Cf. CONSANGUINITY; AFFINITY. \naffinity (d-fin-a-tee). (14c) 1. A close agreement. 2. The \nrelation that one spouse has to the blood relatives ofthe \nother spouse; relationship by marriage. 3. Any familial \nrelation resulting from a marriage. Cf. CONSANGUINITY. \nSee relative by affinity under RELATIVE. Cf. AFFINITAS \nAFFINITATIS; CONSANGUINITY. [Cases: Marriage \n10.] \n'There is no affinity between the blood relatives of one \nspouse and the blood relatives of the other. A husband is \nrelated by affinity to his wife'S brother, but not to the wife \nof his wife'S brother. There is no affinity between the hus \nband's brother and the wife's sister; this is called affinitas \naffinitatis.\" 2 Charles E. Torcia, Wharton's Criminal Law \n 242, at 573 (l5th ed. 1994). \ncollateral affinity. The relationship of a spouse's rela\ntives to the other spouse's relatives. -An example is \na wife's brother and her husband's sister. \ndirect affinity.lhe relationship ofa spouse to the other \n"}
{"text": "\na wife's brother and her husband's sister. \ndirect affinity.lhe relationship ofa spouse to the other \nspouse's blood relatives . An example is a wife and \nher husband's brother. \nquaSi-affinity. Civil law. The affinity existing between \ntwo persons, one of whom has been engaged to a \nrelative ofthe other. \nsecondary affinity. The relationship ofa spouse to the \nother spouse's marital relatives. _ An example is a \nwife and her husband's sister-in-law. \naffinity fraud. See FRAUD. \naffirm, vb. (14c) 1. To confirm (a judgment) on appeal.  \nSometimes, the verb is used without a direct object <We \naffirm>. The equivalent expression in British English \nis to deny the appeal. [Cases: Appeal and Error ~ \n1124-1145; Criminal Law ~ll82; Federal Courts \n926.] 2. To solemnly declare rather than swear under \noath. 3. To testify or declare by affirmation. \naffirmance, n. (16c) l. A ratification, reacceptance, or \nconfirmation. [Cases: Contracts ~97, 134.] \n\"A party who has the power of avoidance may lose it \nby action that manifests a willingness to go on with the \ncontract. Such action is known as 'affirmance' and has \nthe effect of ratifying the contract. See Restatement of \nRestitution  68. The rule stated in this Section is a special \napplication of that stated in  85, under which a promise \nto perform a voidable duty is binding. On ratification, the \naffirming party is bound as from the outset and the other \nparty continues to be bound.\" Restatement (Second) of \nContracts  380 emt. a (1979). \n2. The formal confirmation by an appellate court of \na lower court's judgment, order, or decree. [Cases: \nAppeal and Error ~1124-1145; Criminal Law \n1182; Federal Courts ~926.] 3. The manifestation of \na choice by someone with the power of avoidance to \ntreat a voidable or unauthorized transaction as valid or \nauthorized. 4. The manifestation ofa choice, by one on \n\n68 affirmance day general \nwhose behalf an unauthorized act has been performed. \nto treat the act as authorized. Restatement (Second) of \nAgency  83 (1958). affirm, vb. \naffirmance day general. See DAY. \naffirmant. A person who testifies under affirmation and \nnot under oath. [Cases: Witnesses C=-227.J \naffirmation, n. (lSc) A solemn pledge equivalent to an \noath but without reference to a supreme being or to \nswearing; a solemn declaration made under penalty of \nperjury, but without an oath. Fed. R. Evid. 603; Fed. R. \nCiv. P. 43(b). While an oath is \"sworn to,\" an affir\nmation is merely \"affirmed,\" but either type ofpledge \nmay subject the person making it to the penalties for \nperjury. Cf. OATH. [Cases: Oath C=-4; Witnesses \n227.] affirm, vb. affirmatory, adj. \naffirmative, adj. (15c) 1. Supporting the existence of \ncertain facts <affirmative evidence>. 2. Involving or \nrequiring effort <an affirmative duty>. \naffirmative action. (1961) A set of actions designed to \neliminate existing and continuing discrimination, to \nremedy lingering effects ofpast discrimination, and \nto create systems and procedures to prevent future dis\ncrimination. See reverse discrimination under DISCRIM\n1NATION. [Cases: Civil Rights C=-1033(3), 1236.] \naffirmative charge. See affirmative instruction under \nJURY INSTRUCTION. \naffirmative condition. See positive condition under CON\nDITION (2). \naffirmative converse instruction. See JURY INSTRUC\nTION. \naffirmative covenant. 1. See COVENANT (1). 2. See \nCOVENANT (4). \naffirmative defense. See DEFENSE (1). \naffirmative duty. See DUTY (1). \naffirmative easement. See EASEMENT. \naffirmative injunction. See mandatory injunction under \nINJUNCTION. \naffirmative instruction. See JURY INSTRUCTION. \naffirmative misconduct. See MISCONDUCT. \naffirmative plea. See pure plea under PLEA (3). \naffirmative pregnant. (1807) A positive statement that \nambiguously implies a negative; a statement that does \nnot explicitly deny a charge, but instead answers an \nunasked question and thereby implies culpability, \nas when a person says \"I returned your car yester\nday\" to the charge \"You stole my car!\" Cf. NEGATIVE \nPREGNANT. \naffirmative proof. See PROOF. \naffirmative relief. See RELIEF. \naffirmative representation. See REPRESENTATION (1). \naffirmative servitude. See positive servitude under SER\nVITUDE (2). \naffirmative statute. See STATUTE. \naffirmative testimony. See TESTIMONY. affirmative warranty. See WARRANTY (3). \naffirmative waste. See commissive waste under WASTE \n(1). \naffix (;}-fiks), vb. (16c) 1. To attach, add to, or fasten on \npermanently. See FIXTURE. 2. Trademarks. To attach, \nphysically or functionally, a trademark or service\nmark to the goods or services it represents . A mark \nmust be affixed to show that it is used in trade. Where \nphYSical attachment is impossible or impracticable, the \nmark may be used on a container or tag, or (esp. with \nservice marks) displayed prominently in advertising. \n[Cases: Trademarks C=-1l42.] -affixation, n. (af-ik\nsay-shan). \naffixus (;}-fik-s;}s). [Latin] Roman law. Affixed or fastened \nto. \nafforare (af-;}-rair-ee), vb. [Law Latin] To set a price or \nvalue on a thing. \nafforce (;}-fors), vb. To strengthen (a jury) by adding new \nmembers. \nafforcement (;}-fors-m;mt), n. [Law Latin] Hist. 1. A \nreinforcement or fortification; esp., the reinforcing of \na court on a solemn or extraordinary occasion. 2. A \nfortress. -Also termed afforciament (a-for-sh;}-mant); \nafforciamentum (a-for-shee-;)-men-t;)m). \nafforcing the assize. Hist. A method of securing a jury \nverdict from a hung jury either by denying food and \ndrink to the members until they reached a verdict or by \nbringing in new jurors until 12 would agree. \nafforest, vb. To convert (land) into a forest, esp. by sub\njecting it to forest law. -afforestation, n. \naffranchir (a-frahn-sheer). See AFFRANCHISE. \naffranchise (;)-fran-chIz), vb. Archaic. To set free; to \nliberate from servitude or an obligation. The equiv\nalent verb in Law French was affranchir. \naffray (a-fray). (14c) The fighting, by mutual consent, \nof two or more persons in some public place, to the \nterror ofonlookers. The fighting must be mutual. If \none person unlawfully attacks another who resorts to \nself-defense, the first is guilty of assault and battery, \nbut there is no affray. -Also termed fray. Cf. RIOT; \nunlawful assembly under ASSEMBLY; ROUT. [Cases: \nCriminal Law C=-45.15.] \n\"An affray differs from a riot, a rout, or an unlawful \nassembly in that an affray is not premeditated and in order \nto constitute a riot, a rout, or an unlawful assembly at least \nthree participants are essential, while ... an affray may \nbe committed by only two. Moreover, an affray is more of \na private nature than a riot.\" 2A c.j.S. Affrav  3, at 519 \n(1972). \n\"The word 'affray' comes from the same source as the word \n'afraid,' and the tendency to alarm the community is the \nvery essence of this offense.\" Rollin M. Perkins & Ronald N. \nBoyce, Criminal Law 479 (3d ed. 1982). \ncasual affray. See CHANCE-MEDLEY. \nmutual affray. See MUTUAL COMBAT. \naffrectamentum (a-frek-ta-men-tam). See AFFREIGHT\nMENT. \n\n69 against the weight of the evidence \naffreightment (d-frayt-m;mt). The contracting ofa ship \nto carry cargo. Also termed charter ofaffreightment; \n(in French law) affretement; (in Law Latin) affrecta\nmentum. See CONTRACT OF AFFREIGHTMENT. [Cases: \nShipping (;:::>104.] \naffretement. See AFFREIGHTMENT. \na fine force (ay fIn fors). [Law French] Ofpure neces\nsity. \nAFIS. abbr. AMERICAN FORCES INFORMATION SERVICE. \nAFL-CIO. abbr. AMERICAN FEDERATION OF LABOR AND \nCONGRESS OF INDUSTRIAL ORGANIZATIONS. \nAF ofM. abbr. AMERICAN FEDERATION OF MUSICIANS. \naforce (ay fors). [Law French] Ofnecessity. \naforce et armes (ay fors et ahr-mis). (Law French] With \nforce and arms. Also spelled a force et armis. See VI \nET ARMIS. \naforesaid (a-for-sed), adj. (l4c) Mentioned above; \nreferred to previously. -Also termed aforementioned; \nabove-mentioned; above-stated; said. \naforethought (d-for-thawt), adj. (I6c) Thought of in \nadvance; deliberate; premeditated <malice afore\nthought>. See MALICE AFORETHOUGHT. \na fortiori (ay for-shee-or- I or ah for-shee-or-ee), adv. \n[Latin] (16c) By even greater force oflogic; even more so \n<if a 14-year-old child cannot sign a binding contract, \nthen, a fortiori, a 13-year-old cannot>. Cf. A MULTO \nFORTIORI. \nAfrican Development Foundation. A nonprofit federal \nfoundation that supports the self-help efforts of poor \npeople in African countries by making grants and by \nmaking and guaranteeing loans to any African entity \nengaged in peaceful activities that enable African \npeople to develop more fully. -ADF was created by \nthe African Development Foundation Act and began \noperating in 1984. 22 USCA  290h. -Abbr. ADF. \nafter-acquired domicile. See DOMICILE. \nafter-acquired-evidence doctrine. Employment law. \nThe rule that, if an employer discharges an employee \nfor an unlawful reason and later discovers misconduct \nsufficient to justify a lawful discharge, the employee \ncannot win reinstatement. _ The doctrine either shields \nthe employer from liability or limits the available relief \nwhen, after an employee has been terminated, the \nemployer learns for the first time that the employee \nengaged in wrongdOing that would have resulted in \na discharge anyway. McKennon v. Nashville Banner \nPubl'g Co., 513 U.S. 352, US S.Ct. 879 (1995). [Cases: \nLabor and Employment (;:::>855.] \nafter-acquired property. 1. Secured transactions. A \ndebtor's property that is acquired after a security trans\naction and becomes additional security for payment \nof the debt. UCC  9-204. -Also termed future\nacquired property. [Cases: Secured Transactions \n13,116.] 2. Bankruptcy. Property that the bankruptcy \nestate acquires after commencement ofthe bankruptcy \nproceeding. 11 USCA  541(a)(7). [Cases: Bankruptcy (;:::>2558.] 3. Wills & estates. Property acqUired by a \nperson after making a will. -The old rule was that a \ntestamentary gift ofpersonal property spoke at the time \nofthe testator's death, whereas a gift oflands spoke \nfrom the date of the will's execution (so that after\nacquired property was not disposed of), but this has \nbeen changed by legislation in most states. (Cases: Wills \n(;:::>8, 578.] \nafter-acquired-property clause. A mortgage provision \nthat makes any later-acquired real estate subject to the \nmortgage. [Cases: Mortgages (;:::> 131.] \nafter-acquired title. See TITLE (2). \nafter-acquired-title clause. Oil & gas. A provision in \nan oil-and-gas lease extending the lease's coverage to \ninclude any interest in the property that the lessor may \nobtain after the lease is signed. - A common formula\ntion is \"This lease covers all the interest now owned by \nor hereafter vested in the lessor ....\" [Cases: Mines and \nMinerals (;:::>73.1.] \nafter-acquired-title doctrine. (1940) The principle that \ntitle to property automatically vests in a person who \nbought the property from a seller who acquired title \nonly after purporting to sell the property to the buyer. \n[Cases: Vendor and Purchaser (;:::>8,66.] \nafterborn child. See CHILD. \nafterborn heir. See HEIR. \naftercare. See juvenile parole under PAROLE. \nafter cost. See COST (1). \naftermarket. See secondary market under MARKET. \nafter the fact. (16c) Subsequent to an event oflegal sig\nnificance <accessory after the fact>. \nAFTRA. abbr. AMERICAN FEDERATION OF TELEVISION \nAND RADIO ARTISTS. \nAG. abbr. (1889) ATTORNEY GENERAL. \nagainst the form of the statnte. (16c) Contrary to the \nstatutory requirements. -This formal phrase, which \ntraditionally concludes an indictment, indicates that \nthe conduct alleged contravenes the cited statute and \nthere"}
{"text": "which \ntraditionally concludes an indictment, indicates that \nthe conduct alleged contravenes the cited statute and \ntherefore constitutes a criminal offense. In modern \ncontexts, the full conclusion often reads: \"against the \nform of the statute in such case made and provided.\" \nThe phrase is a translation of the Law Latin contra \nformam statuti. [Cases: Indictment and Information \n(;:::>32(4).] \nagainstthe peace and dignity ofthe state. (18c) A con\ncluding phrase in an indictment, used to condemn the \noffending conduct generally (as opposed to the specific \ncharge of wrongdoing contained in the body of the \ninstrument). -This phrase derives from the Law Latin \ncontra pacem domini regis Cagainst the peace of the lord \nthe king\"), a charging phrase formerly used in indict\nments and in civil actions oftrespass. Cf. KING'S PEACE. \n[Cases: Indictment and Information (;:::>32(3).] \nagainst the weight ofthe evidence. (I8c) (Of a verdict or \njudgment) contrary to the credible evidence; not suf\n\n70 against the will \nficiently supported by the evidence in the record. See \nWEIGHT OF THE EVIDENCE. \nagainst the will. (1Sc) Contrary to a person's wishes . \nIndictments use this phrase to indicate that the defen\ndant's conduct was without the victim's consent \nagalma (~-gal-m~). [Greek] A figure or design on a seaL \nagard (~-gahrd). [Law French] An award. See NUL FAIT \nAGARD. \nagarder (ah-gahr-day), vb. [Law French] To award, \nadjudge, or determine; to sentence or condemn. \nage, n. (Be) A period oftime; esp., a period ofindivid\nual existence or the duration of a person's life . In \nAmerican usage, age is stated in full years completed \n(so that someone 15 years ofage might actually be 15 \nyears and several months old). State statutes define \nvarious types ofages, as shown in the subentries. \nage ofcapacity. (1847) The age, usu. defined by statute \nas 18 years, at which a person is legally capable of \nagreeing to a contract, maintaining a lawsuit, or the \nlike. A person may be authorized to make certain \ncritical personal decisions at an earlier age than the \ngeneral age ofcapacity, such as the decision whether \nto bear a child, to donate blood, to obtain treatment \nfor sexually transmitted diseases, to marry, or to write \na will. The age ofcapacity to write a will is typically \nnot 18, but 14. Also termed age ofmajority; legal \nage; lawful age. See CAPACITY (2). [Cases: Infants C=> \n1,2.] \nage ofconsent. (16c) The age, usu. defined by statute \nas 16 years, at which a person is legally capable of \nagreeing to marriage (without parental consent) or \nto sexual intercourse . Ifa person over the age of \nconsent has sexual intercourse with a person under \nthe age ofconsent, the older person may be prosecuted \nfor statutory rape regardless ofwhether the younger \nperson consented to the act. See statutory rape under \nRAPE. [Cases: Infants Marriage C=>19.] \nage ofcriminal responsibility. The age at which a \nchild may be held responsible for a criminal act.  In \nAmerican criminal law, some state statutes allow a \nchild as young as 7 to be held responsible (as a juvenile) \nfor some acts. See, e.g., N.D. Cent. Code  12.1-04-01. \nThe minimum age for imposing adult liability is as \nlow as 10. See, e.g., Ind. Code Ann.  31-30-3-4(3). But \nin some circumstances, at least one state allows an \noffender to be tried as an adult at any age. See, e.g., \nMich. Compo Laws Ann.  712A.2d. [Cases: Marriage \n19; Rape \nage ojdiscretion. 1. The age at which a person is con\nsidered responsible for certain acts and competent to \nexercise certain powers. -For example, a person must \nbe a legal adult to be eligible to serve a summons. 2. \nPUBERTY. \nage ofmajority. (16c) 1. The age, usu. defined by statute \nas 18 years, at which a person attains full legal rights, \nesp. civil and political rights such as the right to vote. \n The age of majority must be the same for men and women. In almost all states today, the age ofmajority \nis 18, but the age at which a person may legally \npurchase and consume alcohol is 21. -Also termed \nlawful age; legal age. 2. See age ofcapacity. -Also \ntermed (in both senses) full age. [Cases: Child Support \nInfants Parent and Child C=> 16.] \nage ofreason. (1884) The age at which a person becomes \nable to distinguish right from wrong and is thus legally \ncapable of committing a crime or tort. _ The age of \nreason varies from jurisdiction to jurisdiction, but 7 \nyears is traditionally the age below which a child is \nconclUSively presumed not to have committed a crime \nor tort, while 14 years is uSU. the age below which a \nrebuttable presumption applies. A child of 14 or older \nhas traditionally been considered legally competent \nto commit a crime and therefore held accountable. \nWith the creation ofjuvenile courts and their inves\ntiture ofdelinquency jurisdiction over children from \nbirth to age 18, these traditional distinctions have \nnearly vanished. They surface from time to time in \nmurder cases when a juvenile court considers whether \nto certify or transfer a very young child for trial in \ncriminal court or when a prosecutor seeks to bypass \nthe juvenile court by filing criminal charges against \na young child. [Cases: Infants C=>S9, 66.J \ndrinking age. The age at which it is legal to purchase \nand consume alcoholic beverages in a given jurisdic\ntion. [Cases: Intoxicating Liquors C=> 159.] \nfighting age. The age at which a person becomes eligible \nto serve in (or liable to conscription into) a military \nunit. [Cases: Armed Services C=>17,20.4(1).] \nfull age. See age ofmajority. \nlawful age. 1. See age ofcapacity. 2. See age ofmajority \n(1). \nlegal age. 1. See age ofcapacity. 2. See age ofmajority \n(1). \nage discrimination. See DISCRIMINATION. \nAge Discrimination in Employment Act. A federal law \nprohibiting job discrimination based on a person's age, \nesp. unfair and discriminatory employment decisions \nthat negatively affect someone who is 40 years old or \nolder. 29 USCA  621-634. Passed in 1967, the Act \napplies to businesses with more than 20 employees and \nto all governmental entities. -Abbr. ADEA. [Cases: \nCivil Rights C=> 1199.] \nagency. (17c) 1. A fiduciary relationship created by \nexpress or implied contract or by law, in which one \nparty (the agent) may act on behalfof another party \n(the principal) and bind that other party by words \nor actions. See AUTHORITY (1). [Cases: Principal and \nAgent \n\"The basic theory of the agency device is to enable a \nperson, through the services of another, to broaden the \nscope of his activities and receive the product of another's \nefforts, paying such other for what he does but retaining \nfor himself any net benefit resulting from the work per \nformed.\" Harold Gill Reuschlein & William A. Gregory, The \nLaw ofAgency and Partnership  1, at 3 (2d ed. 1990). \n\n71 agency \nactual agency. (1835) An agency in which the agent is \nin fact employed by a principaL [Cases: Principal and \nAgent (;::>96, 99.] \nagency by estoppel. (1882) An agency created by opera\ntion oflaw and established by a principal's actions \nthat would reasonably lead a third person to conclude \nthat an agency exists. Also termed apparent agency; \nostensible agency; agency by operation oflaw. [Cases: \nPrincipal and Agent (;::>25(3), 137.] \nagency by necessity. See agency ofnecessity. \nagency by operation oflaw. See agency by estoppel. \nagency coupled with an interest. (1844) An agency in \nwhich the agent is granted not only the power to act \non behalf of a principal but also a legal interest in \nthe estate or property involved . This type ofagency \nis irrevocable before the interest expires, unless the \nparties agree otherwise when creating the interest. \nThe agency survives even if the principal becomes \ninsane or dies. See power coupled with an interest \nunder POWER (3). [Cases: Principal and Agent (;::> \n34,43(2).] \nagency from necessity. See agency ofnecessity. \nagency in fact. An agency created voluntarily, as by a \ncontract.  Agency in fact is distinguishable from an \nagency relationship created by law, such as agency by \nestoppel. [Cases: Principal and Agent (;::>8.] \nagency ofnecessity. An agency arising during an emer\ngency that necessitates the agent's acting without \nauthorization from the principal; the relation between \na person who in exigent circumstances acts in the \ninterest ofanother without being authorized to do \nso. It is a quasi-contractual relation formed by the \noperation oflegal rules and not by the agreement of \nthe parties. Also termed agency from necessity; \nagency by necessity. See NEGOTIORUM GESTIO. [Cases: \nPrincipal and Agent 99.] \n. apparent agency. See agency by estoppel. \nexclusive agency. (1805) The right to represent a prin\ncipal -esp. either to sell the principal's products \nor to act as the seller's real-estate agent -within a \nparticular market free from competition . Strictly \nspeaking, an exclusive agency merely excludes all \nother brokers, but not the owner, from selling the \nproducts or property. Also termed exclusive \nagency to sell; exclusive franchise; sole selling agency. \nCf. EXCLUSIVE RIGHT OF SALE. \n\"Contracts involving the element of exclusive agency gen \nerally fall into three classes: (1) where the contract does not \nprevent the principal from making direct sales but deprives \nhim of the right to appoint other agents; (2) where the \nagent is the only one with any right to sell; and (3) where \nthe exclusive agency is accompanied with a stipulated right \nto commissions on all sales whether made through the \nagent or not.\" 3 Am.Jur. 2d Agency 268, at 768 (1986). \nexpress agency. (18c) An actual agency arising from the \nprincipal's written or oral authorization ofa person to \nact as the principal's agent. Cf. implied agency. [Cases: \nPrincipal and Agent (;::>14(1), 99.] financing agency. A bank, finance company, or other \nentity that in the ordinary course of business (1) \nmakes advances against goods or documents oftitle, \nor (2) by arrangement with either the seller or the \nbuyer intervenes to make or collect payment due or \nclaimed under a contract for sale, as by purchasing or \npaying the seller's draft, making advances against it, \nor taking it for collection, regardless of whether docu\nments of title accompany the draft. VCC  2-102(a) \n(20). \ngeneral agency. (18c) A principal's delegation to an \nagent, without restriction, to take any action con\nnected with a particular trade, business, or employ\nment. -Also termed universal agency. [Cases: \nPrincipal and Agent (;::>93.] \nimplied agency. (18c) An actual agency arising from \nthe conduct by the principal that implies an intention \nto create an agency relationship. Cf. express agency. \n[Cases: Principal and Agent C::::'J 14(1),99.] \nostensible agency. See agency by estoppel. \nspecial agency. (1808) An agency in which the agent \nis authorized only to conduct a single transaction \nor a series oftransactions not involving continuous \nservice. [Cases: Principal and Agent (;::>94.] \nundisclosed agency. (1871) An agency relationship in \nwhich an agent deals with a third party who has no \nknowledge that the agent is acting on a principal's \nbehalf . The fact that the agency is undisclosed does \nnot prohibit the third party from seeking redress from \nthe principal or the agent. [Cases: Principal and Agent \n(;::>138-146.] \nuniversal agency. See general agency. \n2. An agent's place of business. 3. A governmental \nbody with the authority to implement and administer \nparticular legislation. -Also termed (in sense 3) gov\nernment agency; administrative agency; public agency; \nregulatory agency. [Cases: Administrative Law and Pro\ncedure (;::> 1Ol.] \nfederal agency. (1859) A department or other instru\nmentality ofthe executive branch of the federal gov\nernment, including a government corporation and \nthe Government Printing Office . The Administra\ntive Procedure Act defines the term agency negatively \nas being any U.S. governmental authority that does \nnot include Congress, the courts, the government \nof the District of Columbia, the government of any \nterritory or possession, courts-martial, or military \nauthority. 5 VSCA  551. 1he caselaw on this defini\ntion focuses on authority: generally, an entity is an \nagency ifit has authority to take binding action. Other \nfederal statutes define agency to include any executive \ndepartment, government corporation, government\ncontrolled corporation, or other establishment in the \nexecutive branch, or federal regulatory board. [Cases: \nAdministrative Law and Procedure (;::> 101; United \nStates (;::>30.] \nindependent agency. (1902) A federal agency, commis\nsion, or board that is not under the direction of the \n\n72 agency adjudication \nexecutive, such as the Federal Trade Commission or \nthe National Labor Relations Board. -Also termed \nindependent regulatory agency; independent regula\ntory commission. [Cases: United States C=>29.] \nlocal agency. A political subdivision ofa state . Local \nagencies include count"}
{"text": "Cases: United States C=>29.] \nlocal agency. A political subdivision ofa state . Local \nagencies include counties, cities, school districts, \netc. \nquasi-governmental agency. (1904) A government\nsponsored enterprise or corporation (sometimes \ncalled a government-controlled corporation), such as \nthe Federal National Mortgage Corporation. [Cases: \nUnited States C=>53.] \nstate agency. An executive or regulatory body ofa state. \n State agencies include state offices, departments, \ndivisions, bureaus, boards, and commissions. -Also \ntermed state body. [Cases: States C=>45.] \nagency adjudication. See ADMINISTRATIVE PROCEED\nING. \nagency adoption. See ADOPTION. \nAgency for Healthcare Research and Quality. An agency \nin the U.S. Department ofHealth and Human Services \nresponsible for conducting research into improving the \nquality of health care, reducing its cost, and broadening \naccess to essential healthcare services. \nAgency for International Development. See UNITED \nSTATES AGENCY FOR INTERNATIONAL DEVELOPMENT. \nAgency for Toxic Substances and Disease Registry. An \nagency in the U.S. Department of Health and Human \nServices responsible for evaluating the impact on public \nhealth of the release of hazardous substances into the \nenvironment, for maintaining a registry of contami\nnated waste sites, and for conducting research on the \neffects of hazardous substances on human health. -\nAbbr. ATSDR. [Cases: Environmental Law C=>436.] \nagency jurisdiction. See JURISDICTION. \nagency records. Under the Freedom ofInformation Act, \ndocuments that are created or obtained by a govern\nment agency, and that are in the agency's control at the \ntime the information request is made. 5 USCA  552; \nUnited States Dep't ofJustice v. Tax Analysts, 492 U.S. \n136, 109 S.Ct. 2841 (1989). [Cases: Records C=>54.] \nagency regulation. See REGULATION (3). \nagency security. See government security under \nSECURITY. \nagency shop. See SHOP. \nagency-shop membership. See FINANCIAL-CORE MEM\nBERSHIP. \nagenda. A list of things to be done, as items to be con\nsidered at a meeting, usu. arranged in order ofconsid\neration. -Also termed calendar; calendar ofbusiness; \norder ofbusiness. Cf. PROGRAM (1). \naction agenda. See action calendar under CALENDAR \n(4). \nconsent agenda. See consent calendar under CALENDAR \n(4). debate agenda. See debate calendar under CALENDAR \n(4). \nfinal agenda. An agenda that a deliberative assembly \nhas adopted, or that has been adopted for a delib\nerative assembly by an officer or board charged with \nsetting such an agenda. \nproposed agenda. An agenda offered, usu. with the \nnotice calling the meeting that the agenda covers, \nfor a deliberative assembly's consideration. -Also \ntermed tentative agenda. \nreport agenda. See report calendar under CALENDAR \n(4). \nspecial-order agenda. See special-order calendar under \nCALENDAR (4). \ntentative agenda. See proposed agenda. \nunanimous-consent agenda. See consent calendar \nunder CALENDAR (4). \nagens (ay-jenz). [Latin] 1. One who acts or does an act; \nan agent. Cf. PATIENS. 2. A plaintiff. \nagent. (15c) 1. Something that produces an effect \n<an intervening agent>. See CAUSE (1); ELECTRONIC \nAGENT. 2. One who is authorized to act for or in place \nof another; a representative <a professional athlete'S \nagent>. -Also termed commissionaire. Cf. PRINCIPAL \n(1); EMPLOYEE. [Cases: Principal and Agent C=> 1,3.] \n\"Generally speaking, anyone can be an agent who is in \nfact capable of performing the functions involved. The \nagent normally binds not himself but his principal by the \ncontracts he makes; it is therefore not essential that he be \nlegally capable to contract (although his duties and liabili\nties to his principal might be affected by his status). Thus \nan infant or a lunatic may be an agent, though doubtless \nthe court would disregard either'S attempt to act as if he \nwere so young or so hopelessly devoid of reason as to \nbe completely incapable of grasping the function he was \nattempting to perform.\" Floyd R. Mechem, Outlines of the \nLaw ofAgency 8-9 (Philip Mechem ed., 4th ed. 1952). \n\"The etymology of the word agent or agency tells us much. \nThe words are derived from the Latin verb, ago, ague; the \nnoun agens, agentis. The word agent denotes one who \nacts, a doer, force or power that accomplishes things.\" \nHarold Gill Reuschlein & William A. Gregory, The Law of \nAgency and Partnership  I, at 2-3 (2d ed. 1990). \napparent agent. (1823) A person who reasonably \nappears to have authority to act for another, regard\nless of whether actual authority has been conferred. \nAlso termed ostensible agent. [Cases: Principal and \nAgent C=>99.] \nbail-enforcement agent. See BOUNTY HUNTER. \nbargaining agent. A labor union in its capacity ofrep\nresenting employees in collective bargaining. [Cases: \nLabor and Employment C=> 1160.] \nbroker-agent. See BROKER. \nbusiness agent. See BUSINESS AGENT. \nclearing agent. Securities. A person or company acting \nas an intermediary in a securities transaction or pro\nviding facilities for comparing data regarding securi\nties transactions . The term includes a custodian of \nsecurities in connection with the central handling \n\n73 agent \nof securities. Securities Exchange Act  3(a)(23)(A) \n(15 USCA  78c(a)(23)(A. -Also termed clearing \nagency. [Cases: Securities Regulation (::::>60.32, \n185.16.] \nclosing agent. See settlement agent. \nco-agent. A person who shares with another agent the \nauthority to act for the principal. -Also termed dual \nagent. Cf. common agent. \ncommercial agent. 1. BROKER. 2. A consular officer \nresponsible for the commercial interests ofhis or her \ncountry at a foreign port. 3. See mercantile agent. \ncommon agent. An agent who acts on behalfof more \nthan one principal in a transaction. Cf. co-agent. \ncorporate agent. (1819) An agent authorized to act on \nbehalf of a corporation; broadly, all employees and \nofficers who have the power to bind the corporation. \n[Cases: Corporations (::::>397-399.] \ncounty agent. See juvenile officer under OFFICER (1). \ndel credere agent (delkred-d-ray or kray-dd-ray). (1822) \nAn agent who guarantees the solvency of the third \nparty with whom the agent makes a contract for the \nprincipal. _ A del credere agent receives possession of \nthe principal's goods for purposes ofsale and guaran\ntees that anyone to whom the agent sells the goods on \ncredit will pay promptly for them. For this guaranty, \nthe agent receives a higher commission for sales. The \npromise of such an agent is almost universally held \nnot to be within the statute offrauds. -Also termed \ndel credere factor. [Cases: Factors (::::>29.] \ndiplomatic agent. A national representative in one \nof four categories: (1) ambassadors, (2) envoys and \nministers plenipotentiary, (3) ministers resident \naccredited to the sovereign, or (4) charges d'affaires \naccredited to the minister offoreign affairs. [Cases: \nAmbassadors and Consuls (::::> 1-8.] \ndouble agent. See dual agent (2). \ndual agent. 1. See co-agent. 2. An agent who repre\nsents both parties in a single transaction, esp. a buyer \nand a seller. Also termed (in sense 2) double agent. \n[Cases: Brokers (::::>32.] \nemigrant agent. One engaged in the business ofhiring \nlaborers for work outside the country or state. \nenrolled agent. See ENROLLED AGENT. \nescrow agent. The third-party depositary ofan escrow; \nESCROW (3). -Also termed escrow holder; escrowee; \nescrow officer. [Cases: Deposits and Escrows (::::> 13.] \nfiscal agent. A bank or other financial institution that \ncollects and disburses money and services as a deposi\ntory ofprivate and public funds on another's behalf. \nforeign agent. A person who registers with the federal \ngovernment as a lobbyist representing the interests of \na foreign nation or corporation. \nforwarding agent. 1. See FREIGHT FORWARDER. 2. A \nfreight-forwarder who assembles less-than-carload \nshipments (small shipments) into carload shipments, thus taking advantage oflawer freight rates. [Cases: \nCarriers (::::>178.] \ngeneral agent. (17c) An agent authorized to transact \nall the principal's business of a particular kind or \nin a particular place. _ Among the common types \nofgeneral agents are factors, brokers, and partners. \n[Cases: Insurance (::::> 1634(2); Principal and Agent \n(::::>93.] \n\"Although the distinction between general and special \nagents can be difficult to apply, the terminology is some\ntimes used by courts and the distinction plays a major \nrole in the Restatement of Agency. A general agent ... is \nan integral part of the principal's business and does not \nneed fresh authorization for each separate transaction. \nA manager of a store is an example of a general agent.\" \nJ. Dennis Hynes, Agency, Partnership, and the LLC in a \nNutshell21 (1997). \ngovernment agent. (1805) 1. An employee or repre\nsentative of a governmental body. [Cases: United \nStates (::::> 36.] 2. A law-enforcement official, such \nas a police officer or an FBI agent. 3. An informant, \nesp. an inmate, used by law enforcement to obtain \nincriminating statements from another inmate. \nAn accused's Sixth Amendment right to counsel is \ntriggered when the accused is questioned by a gov\nernment agent. \nhigh-managerial agent. An agent of a corporation or \nother business, having authority to formulate corpo\nrate policy or supervise employees. Also termed \nsuperior agent. \nindependent agent. (17c) An agent who exercises \npersonal judgment and is subject to the principal \nonly for the results of the work performed. Cf. non\nservant agent. \ninnocent agent. (1805) Criminal law. A person whose \naction on behalf of a principal is unlawful but does not \nmerit prosecution because the agent had no knowl\nedge of the principal's illegal purpose; a person who \nlacks the mens rea for an offense but who is tricked or \ncoerced by the principal into committing a crime. \nAlthough the agent's conduct was unlawful, the agent \nmight not be prosecuted if the agent had no knowl\nedge ofthe principal's illegal purpose. The principal \nis legally accountable for the innocent agent's actions. \nSee Model Penal Code  2.06(2)(a). [Cases: Criminal \nLaw (::::>59(4).] \ninsurance agent. See INSURANCE AGENT. \njural agent. See rURAL AGENT. \nland agent. See LAND MANAGER. \nlisting agent. (1927) The real-estate broker'S representa\ntive who obtains a listing agreement with the owner. \nCf. selling agent. [Cases: Brokers \nlocal agent. An agent appointed to act as another's (esp. \na company's) representative and to transact business \nwithin a specified district. [Cases: Principal and \nAgent (::::>1, 50.] \nmanaging agent. (1812) A person with general power \ninvolVing the exercise of judgment and discretion, \nas opposed to an ordinary agent who acts under the \n\nagent 74 \ndirection and control of the principal. -Also termed \nbusiness agent. [Cases: Principal and Agent C=>50.] \nmercantile agent. An agent employed to sell goods \nor merchandise on behalf of the principal. -Also \ntermed commercial agent. \nnonservant agent. An agent who agrees to act on the \nprincipal's behalf but is not subject to the principal's \ncontrol over how the task is performed. A princi\npal is not liable for the physical torts ofa non servant \nagent. See INDEPENDENT CONTRACTOR. Cf. indepen\ndent agent; SERVANT. [Cases: Principal and Agent C=> \n1.] \nostensible agent. See apparent agent. \npatent agent. A specialized legal professional -not \nnecessarily a licensed lawyer -who prepares and \nprosecutes patent applications before the Patent and \nTrademark Office. Patent agents must be licensed \nby the Patent and Trademark Office. -Also termed \npatent solicitor; registered patent agent. [Cases: Patents \nC=>97.] \nprimary agent. An agent who is directly authorized \nby a principal.  A primary agent generally may hire \na subagent to perform all or part of the agency. Cf. \nsubagent. [Cases: Principal and Agent C=> 1.] \nprivate agent. An agent acting for an individual in that \nperson's private affairs. [Cases: Principal and Agent \nC=>92(3).] \nprocess agent. (1886) A person authorized to accept \nservice of process on behalf of another. [Cases: Cor\nporations C=>668(4); Federal Civil Procedure C=>500, \n503; Process C=>58.] \nprocuring agent. A person who obtains drugs on behalf \nof another person and delivers the drugs to that \nperson. In criminal-defense theory, the procuring \nagent does not sell, barter, exchange, or make a gift \nof the drugs to the other person because the drugs \nalready belong to that person, who merely employs \nthe agent to pick up and deliver them. [Cases: Con\ntrolled Substances C=>47.] \npublic agent. A person appointed to act for the public \nin matters pertaining to governmental administra\ntion or public business. [Cases: Officers and Public \nEmploy"}
{"text": "the public \nin matters pertaining to governmental administra\ntion or public business. [Cases: Officers and Public \nEmployees C=> 1.] \nreal-estate agent. An agent who represents a buyer or \nseller (or both, with proper disclosures) in the sale \nor lease ofreal property . A real-estate agent can be \neither a broker (whose principal is a buyer or seller) \nor a salesperson (whose principal is a broker). Cf. \nREALTOR. [Cases: Brokers C=>6.] \nrecord agent. See INSURANCE AGENT. \nregistered agent. (1809) A person authorized to accept \nservice of process for another person, esp. a corpo\nration, in a particular jurisdiction. -Also termed \nresident agent. [Cases: Corporations C=>507(5), \n668(4); Federal Civil Procedure C=>444, 498, 499; \nProcess C=>58.] selling agent. (1839) The real-estate broker'S represen\ntative who sells the property, as opposed to the agent \nwho lists the property for sale. Cf. LISTING AGENT. \n[Cases: Brokers C=> 18.] \nsettlement agent. An agent who represents the pur\nchaser or buyer in the negotiation and closing of a \nreal-property transaction by handling financial cal\nculations and transfers of documents. -Also termed \nclosing agent. See also settlement attorney under \nATTORNEY. [Deposits and Escrows C=> 13.] \nsoliciting agent. 1. Insurance. An agent with limited \nauthority relating to the solicitation or submission \nof applications to an insurance company but usu. \nwithout authority to bind the insurer, as by accept\ning the applications on behalf of the company. [Cases: \nInsurance C=>1634(3).] 2. An agent who solicits orders \nfor goods or services for a principal. 3. A managing \nagent of a corporation for purposes of service of \nprocess. [Cases: Corporations C=>668(5).] \nspecial agent. 1. An agent employed to conduct a par\nticular transaction or to perform a specified act. \n[Cases: Principal and Agent C=>94.] 2. See INSUR\nANCEAGENT. \nspecially accredited agent. An agent with whom a third \nperson has been specially invited to deal by the prin\ncipal under circumstances leading the third person to \nbelieve that he or she will be notified ifthe authority \nis altered or revoked. \nstatutory agent. (1844) An agent deSignated by law to \nreceive litigation documents and other legal notices \nfor a nonresident corporation . In most states, the \nsecretary of state is the statutory agent for such cor\nporations. [Cases: Corporations C=>507(5, 12),646, \n668(14).] \nstock-transfer agent. An organization that oversees \nand maintains records of transfers ofshares for a cor\nporation. [Cases: Corporations C=> 128.1.] \nsubagent. A person to whom an agent has delegated \nthe performance ofan act for the principal; a person \ndesignated by an agent to perform some duty relating \nto the agency . Ifthe principal consents to a primary \nagent's employment of a subagent, the subagent owes \nfiduciary duties to the principal, and the principal is \nliable for the subagent's acts. Cf. primary agent. \nAlso termed subservant. [Cases: Principal and Agent \nC=>73.] \n\"By delegation ... the agent is permitted to use agents \nof his own in performing the function he is employed to \nperform for his principal, delegating to them the discretion \nwhich normally he would be expected to exercise person\nally. These agents are known as subagents to indicate that \nthey are the agent's agents and not the agents of the prin\ncipal. Normally (though of course not necessarily) they are \npaid by the agent. The agent is liable to the principal for \nany injury done him by the misbehavior of the agent's sub\nagents.\" Floyd R. Mechem, Outlines of the Law ofAgency \n 79, at 51 (Philip Mechem ed., 4th ed. 1952). \nsuccessor agent. An agent who is appointed by a prin\ncipal to act in a primary agent's stead if the primary \nagent is unable or unwilling to perform. \n\n75 aggravating factor \nsuperior agent. See high-managerial agent. \ntransfer agent. An organization (such as a bank or \ntrust company) that handles transfers ofshares for a \npublicly held corporation by issuing new certificates \nand overseeing the cancellation of old ones and that \nusu. also maintains the record ofshareholders for the \ncorporation and mails dividend checks . Generally, \na transfer agent ensures that certificates submitted \nfor transfer are properly indorsed and that the right \nto transfer is appropriately documented. [Cases: Cor\nporations ~128.1.] \nundercover agent. (1930) 1. An agent who does not \ndisclose his or her role as an agent. 2. A police officer \nwho gathers evidence ofcriminal activity without dis\nclosing his or her identity to the suspect. \nuniversal agent. (l8c) An agent authorized to perform \nall acts that the principal could personally perform. \n[Cases: Principal and Agent ~50.] \nvice-commercial agent. Hist. In the consular service \nofthe United States, a consular officer who was sub\nstituted temporarily to fill the place of a commer\ncial agent who was absent or had been relieved from \nduty. \n3. Patents. A person who is not an attorney but who has \nfulfilled the U.S. Patent and Trademark Office require\nments as a lay representative and is registered to prepare \nand prosecute patent applications before the PTO . \nTo be registered to practice before the PTO, a candi\ndate must establish mastery ofthe relevant technology \n(by holding a specified technical degree or equivalent \ntraining) in order to advise and assist patent applicants. \nThe candidate must also pass a written examination \n(the \"Patent Bar\") that tests knowledge of patent law \nand PTO procedure. -Also termed patent agent. Cf. \nPATENT ATTORNEY. [Cases: Patents ~97.] \nagent not recognized. Patents. A patent applicant's \nappointed agent who is not registered to practice \nbefore the U.S. Patent and Trademark Office . A \npower ofattorney appointing an unregistered agent \nis void. \nassociate agent. An agent who is registered to practice \nbefore the U.S. Patent and Trademark Office, has been \nappointed by a principal agent, and is authorized to \nprosecute a patent application through the filing ofa \npower ofattorney . An associate agent is often used \nby outside counsel to assist in-house counsel. \nagent provocateur (ay-jant pra-vok-a-t,}r or a-zhawn \npraw-vaw-ka-tuur), n. (1877) 1. An undercover agent \nwho instigates or participates in a crime, often by infil\ntrating a group suspected ofillegal conduct, to expose \nand punish criminal activity. 2. A person who entraps \nanother, or entices another to break the law, and then \ninforms against the other as a lawbreaker. \nagent's lien. See LIEN. \nagent's power. See POWER (3). \nage ofcapacity. See AGE. \nage ofconsent. See AGE. age ofcriminal responsibility. See AGE. \nage ofdiscretion. See AGE. \nage ofmajority. See AGE. \nage ofreason. See AGE. \nager (ay-jar), n. [Latin] Roman law. Land or territory; \nesp., a portion of land enclosed by definite boundar\nies. \nager arcifinius (ay-jar ahr-si-fin-ee-as). [Latin \"land \nhaving irregular boundaries; unsurveyed land\"] \nRoman law. Land enclosed only as a means of iden\ntification, not as a limit. PI. agri arcifinii. Cf. ager \nlimitatus. \nager limitatus (ay-jar lim-i-tay-tas). [Latin \"field \nlimited\" or \"land enclosed by boundaries\"] Roman \n& civil law. Land with settled boundaries; esp., land \nwhose boundaries have been fixed by a surveyor . \nThe term applied to land belonging to the state by \nright of conquest, then granted and sold in individual \nplots. Cf. ager arcifinius. Pl. agri limitaU (ag-n lim\ni-tay-tI). \n\"The agri limitati of the Roman law were lands detached \nfrom the public domain, and converted into private \nproperty, by sale or grant, beyond the limits of which the \nowners could claim nothing.\" John Trayner, Trayner's Latin \nMaxims 36 (4th ed. 1894). \nager publicus (ay-jar pab-li-kas). Land of the people; \npublic land. \naggravated, adj. (17c) 1. (Of a crime) made worse or more \nserious by circumstances such as violence, the presence \nof a deadly weapon, or the intent to commit another \ncrime <aggravated robbery>. Cf. SIMPLE (1). 2. (Of a \ntort) made worse or more serious by circumstances \nsuch as intention to cause harm or reckless disregard \nfor another's safety <the defendant's negligence was \naggravated by malice>. [Cases: Negligence ~272-\n276.] 3. (Of an injury) harmful to a part of the body \npreviously injured or debilitated <an aggravated bone \nfracture>. See AGGRAVATION RULE. [Cases: Damages \n(;::::;;;58.] \naggravated arson. See ARSON. \naggravated assault. See ASSAULT. \naggravated battery. See BATTERY. \naggravated damages. See punitive damages under \nDAMAGES. \naggravated kidnapping. See KIDNAPPING. \naggravated larceny. See LARCENY. \naggravated misdemeanor. See serious misdemeanor \nunder MISDEMEANOR. \naggravated robbery. See ROBBERY. \naggravated sodomy. See SODOMY. \naggravating circumstance. See CIRCUMSTANCE. \naggravating element. See aggravating circumstance \nunder CIRCUMSTANCE. \naggravating factor. See aggravating circumstance under \nCIRCUMSTANCE. \n\n76 \naggravation. 1. The fact of being increased in gravity \nor seriousness. 2. Eccles. law. A censure threatening \nthe recipient with an increase in the penalties associ\nated with excommunication, usu. because the recipi\nent disregarded an earlier sentence . For example, a \nperson who spurned a sentence of excommunication \nmight be subjected to an anathema (a formal ban or \ncurse). aggravate, vb. \naggravation rule. Workers' compensation. The principle \nthat when an on-the-job injury combines with a pre\nexisting injury, resulting in a greater disability than \nthat which would have resulted from the on-the-job \ninjury alone, the entire disability is compensable as if \nit had occurred at work. [Cases: Workers' Compensa\ntion (;::;:)552.] \naggravator. 1. One who commits a crime with an aggra\nvating circumstance. [Cases: Sentencing and Punish\nment C=>S3, 1652.] 2. See aggravating circumstance \nunder CIRCUMSTANCE. Cf. MITIGATOR. \naggregate (ag-ra-git), adj. (15c) Formed by combining \ninto a Single whole or total <aggregate income>. \naggregately, adv. \naggregate (ag-rd-git), n. An assemblage of particulars; \nan agglomeration <aggregate ofinterests>. \naggregate (ag-rd-gayt), vb. To collect into a whole <aggre\ngate the claims>. \naggregate concept. Tax. An approach to taxing business \norganizations whereby an organization is viewed as a \ncollection of its individual owners, not as a separate \ntaxable entity. [Cases: Internal Revenue C=>3879; \nTaxation C=>3485.] \naggregate corporation. See CORPORATION. \naggregate demand. See DEMAND (4). \naggregate income. See INCOME. \naggregate sentence. See SENTENCE. \naggregate supply. See SUPPLY. \naggregate theory ofpartnership. (1913) The theory that \na partnership does not have a separate legal existence \n(as does a corporation), but rather is only the totality \nofthe partners who compose it. Cf. ENTITY THEORY OF \nPARTNERSHIP. [Cases: Partnership C=>63.] \naggregatio mentium (ag-ra-gay-shee-oh men-shee-dm). \n[Latin \"gathering together ofminds\"] See MEETING OF \nTHE MINDS. \naggregation. Patents. 1. A set ofparts that do not cooper\nate in structure or function, and are therefore unpatent\nable as an invention; the opposite ofa combination. \n[Cases: Patents C=>25.] 2. Hist. A patent examiner's \nlabel for a claimed invention that mayor may not be a \npatentable combination but whose claims do not clearly \nexplain how the parts cooperate to produce a new or \nunexpected result . As a term ofart, aggregation lost \nits usefulness when it was replaced by a statutory test \nin  103 ofthe Patent Act of1952. -Also termed jux\ntaposition. Cf. COMBINATION (4). \"I think of a football team as a combination; one passes, \none receives, another runs, and still others hold the line. \nEleven men are dOing different things, each in his own way, \nand not always simultaneously; yet they are working to a \ncommon end, to advance the ball; and they coact as a unit. \nI think of a track team as an aggregation; one runs, another \nhurdles, another jumps, another throws. They all work for \na common general end, to amass points for their alma \nmater; but there is lacking the vital spark of cooperation or \ncoordination. They work, not as one unit, but as several.\" \nSkinner v. Oil, 54 F.2d 896, 898-99 (10th Or. 1931). \n'The mere combining of old machine parts, each operat\ning in the old way and accomplishing the old result, is an \naggregation, and hence unpatentable; whereas, if a new \nresult be produced by the joint action of the elements, \nand if such a result be not the mere adding together of the \ncontributions of the separate elements, then there exists \na patentable combination.\" Roger Sherman Hoar, Patent \nTactics and the Law "}
{"text": "the separate elements, then there exists \na patentable combination.\" Roger Sherman Hoar, Patent \nTactics and the Law 38 (3d ed. 1950). \naggregation doctrine. (1942) 1. The rule that precludes a \nparty from totaling all claims for purposes ofmeeting \nthe minimum amount necessary to give rise to federal \ndiversity jurisdiction under the amount-in-controversy \nreqUirement. See diversity jurisdiction under JURIS\nDICTION; AMOUNT IN CONTROVERSY. [Cases: Federal \nCourts C=>344.] 2. Constitutional law. A rule that \nallows Congress, under its Commerce Clause powers, \nto regulate purely private acts, such as growing wheat \nfor one's own consumption, if the consequences of \nmany such acts, taken together, would have an effect on \ninterstate commerce. See Wickard v. Filburn, 317 U.S. \nlll, 63 S.Ct. 82 (1942). [Cases: Commerce C=>7(2).] \naggregation ofclaims. Patents. In a patent application, \nan excessive number of claims that do not differ sig\nnificantly in scope and are essentially duplicative . \nAlthough a patent applicant may claim an invention \nand its various features in a reasonable number ofways, \neach claim must differ materially from the others. \nAlso termed multiplicity ofclaims; undue multiplicity \nofclaims. [Cases: Patents (;::;>124.] \naggregation rejection. See REJECTION. \naggression. Int'llaw. A grave breach ofinternational \nlaw by a nation. The prohibition ofaggression is a \nperemptory rule (jus cogens). Aggressors are guilty ofan \ninternational crime. But there is no generally accepted \ndefinition ofwhat constitutes aggression despite many \nattempts over the years to devise one. In 1974, the \nUnited Nations General Assembly adopted a Resolu\ntion on the Definition of Aggression (Resolution 3314 \n(XXIX) of December 14, 1974). It defines aggression, \nin part, as \"the use of armed force by a State against \nthe sovereignty, territorial integrity, or political inde\npendence ofanother country, or in amanner inconsis\ntent with the Charter ofthe United Nations ....\" The \ndefinition does not extend to measures that, in certain \ncircumstances, might constitute aggression, nor does \nit recognize exceptional circumstances that would \nmake the enumerated acts defensive rather than offen\nsive. The U.N. Security Council has never expressly \nrelied on the resolution when determining whether a \nnation's acts constitute a \"threat to the peace, breach of \nthe peace, or act of aggression.\" See U.N. Charter art. \n\n77 \n39, 59 Stat. 1031. The difficulty of finding a generally \naccepted definition ofaggression is reflected in Article \n5 ofthe Statute ofthe International Criminal Court (37 \nLL.M. 999). It confers jurisdiction on the Court over \n\"the crime of aggression\" but also requires the parties \nto the Statute to define the crime before the Court can \nexercise jurisdiction. [Cases: War and National Emer\ngency (>1, 19.] \n\"Although classical aggression has generally been thought \nto involve direct military operations by regular national \nforces under government control, today subjugation and \ncontrol of peoples may well result from resort to nonmili\ntary methods. Economic pressures on the other states; \ndemands couched in traditional diplomatic terms but laden \nwith implied threats to compel action or inaction; fifth \ncolumn activities; the endless propaganda harangue urging \nanother state's peoples to rise against their government; \nthe aiding and abetting of rebel bands intent on overthrow\ning another government; and a wide range of other modern \ntechniques must be included in the concept of aggression \nin so far as they are delicts at international law, for they are \ndirected against the sovereign independence of a state.\" \nAnn Van Wynen Thomas & A.J. Thomas Jr., The Concept of \nAggression in International Law69 (1972). \ndirect aggression. Aggression in which a state's regular \narmed forces participate. \nindirect aggression. Aggression carried out by some \nmeans other than through a state's regular armed \nforces. \n\"[I]ndirect aggression would seem to have two prime \nmeanings: (1) delictual acts armed or unarmed and con\nducted vicariously by the aggressor state through third \nparties which endanger the essential rights of a state, \nrights upon which its security depends, and (2) delictual \nacts taken directly by the governing authorities of a state \nagainst another state or vicariously through third-party \ngroups which do not involve the use of armed force, but \nwhich do endanger the essential rights of a state upon \nwhich its security depends. No directly military opera\ntions by the regular armed forces of a state are involved in \neither case; therefore the aggression can be regarded as \nan indirect method of constraint carried on by the aggres\nsor state.\" Ann Van Wynen Thomas & AJ. Thomas Jr., The \nConcept ofAggression in International Law 69 (1972). \naggressor corporation. See CORPORATION. \naggressor doctrine. (1947) The principle precluding tort \nrecovery for a plaintiff who acts in a way that would \nprovoke a reasonable person to use physical force for \nprotection, unless the defendant in turn uses excessive \nforce to repel the plaintiff. [Cases: Assault and Battery \n(>13.] \naggrieved, adj. (Of a person or entity) haVing legal rights \nthat are adversely affected; having been harmed by an \ninfringement oflegal rights. \naggrieved party. See PARTY (2). \nAGI. abbr. See adjusted gross income under INCOME. \nagillarius (aj-<l-lair-ee-<ls), n. [Law Latin] Hist. A keeper \nofa herd ofcattle in a common field; a hayward. \naging of accounts. A process of classifying accounts \nreceivable by the time elapsed since the claim came \ninto existence for the purpose ofestimating the balance \nof uncollectible accounts as ofa given date. agnatus \naging-out, n. A foster child's or minor ward's reaching \nthe age at which any legal right to care expires. \nAging-out usu. occurs when the child reaches the age \nofmajority and becomes ineligible for foster care. Some \nstates allow an extension of eligibility up to age 21 ifthe \nchild is still in school or cannot live independently, or if \nit is otherwise in the child's best interests to remain in \nfoster care and the child consents. See INDEPENDENT\nLIVING PROGRAM. [Cases: Infants 230.1.] \nagio (aj-ee-oh or ay-jee-oh). The premium paid for the \nexchange of one kind of money for another, such as \npaper currency for coin or one country's currency for \nanother's. \nagiotage (aj-ee-<l-tij). 1. The business of dealing in foreign \nexchange. 2. The speculative buying and selling ofsecu\nrities. \nagist (<l-jist), vb. To allow animals to graze on one's \npasture for a fee. \nagister (<l-jis-t<lr). One who takes and pastures grazing \nanimals for a fee; a person engaged in the business of \nagistment.  An agister is a type ofbailee for hire. \nAlso spelled agistor. -Also termed gisetake r. [Cases: \nAnimals (>21.] \nagister's lien. See LIEN. \nagistment (a-jist-mant). 1. A type ofbailment in which \na person, for a fee, allows animals to graze on his or \nher pasture; the taking in ofcattle or other livestock to \nfeed at a per-animal rate. [Cases: Animals (>21.] 2. A \ncharge levied upon the owner or occupier ofland. \nAlso termed gisement. See TITHE OF AGISTMENT. \nagistment ofsea-banks. Hist. A charge on land used to \npay for the upkeep ofdikes that prevent the encroach\nment of the sea. \nagistor. See AGISTER. \nagnate (ag-nayt), adj. Related or akin through male \ndescent or on the father's side. \nagnate, n. (16c) 1. A blood relative whose connection is \nthrough the male line. 2. A relative on the father'S side, \nwhether or not traced exclUSively through the male line. \nCf. COGNATE. \nagnatic (ag-nat-ik), adj. (Of a relationship) restricted \nto affiliations through the male line. Also termed \nagnatical (ag-nat-i-kal). \nagnatio (ag-nay-shee-oh). [Latin] Roman law. Kinship \nthrough the male line, not necessarily involving blood \nties; specif., an affiliation offree persons ofeither sex in \nthe power (patria potestas) of the senior living male or \nof a male who would be in his power ifhe were living. \n-An agnatic relationship could be created either by \nadoption or by a blood relationship (cognatio) traced \nsolely through the male side of a family. See COGNATIO; \npatria potestas under POTESTAS. \nagnation (ag-nay-sh<ln), n. The relationship ofagnates. \nagnatus (ag-nay-tas), n. [Latin] Roman law. A person \nrelated through the male line. Cf. COGNATUS. \n\nagnomen 78 \n\"[Agnati werel all individuals subject for the time being \nto the same patria potestas, or who would be so subject \nwere the common ancestor alive. Brothers and sisters, with \ntheir uncles, aunts, nephews, nieces, and other collaterals \n(not having been received into another family), if related \nthrough males, were agnates. The civil issue of the state \nwas the Agnatic Family. Cognates were all persons who \ncould trace their blood to a single ancestor or ancestress, \nand agnates were those cognates who traced their connec\ntion exclusively through males.\" John Bouvier, Bouvier's \nLaw Dicrionary(8th ed. 1914). \nagnomen (ag-noh-m<ln). [Latin]l. An additional name \nor title; a nickname. 2. Roman law. An additional name, \ngiven in recognition ofsome achievement or to reflect \nadoption by a different gens. See NOMEN. \nagrarian (<l-grair-ee-<ln), adj. Ofor relating to land, land \ntenure, or a division oflanded property. -agrarian, \nn. \nagrarian law. Roman & civil law. The body oflaw govern\ning the ownership, use, and distribution ofrural land. \nagrarium (<l-grair-ee-<lm). [Law Latin] Hist. A tax upon, \nor tribute payable out of, land. \na gratia (ay gray-shee-<l). [Law Latin] EX GRATIA. \nagreamentum (a-gree-a-men-t<lm). [Law Latin] Agree\nment; an agreement. \nagree, vb. 1. To unite in thought; to concur in opinion \nor purpose. 2. To exchange promises; to unite in an \nengagement to do or not do something. 3. Parliamen\ntary law. To adopt (usu. in the phrase agree to). See \nADOPTION (5). \nagreed-amount clause. An insurance-policy provi\nsion that the insured will carry a stated amount of \ncoverage. \nagreed boundary. See BOUNDARY. \nagreed-boundary doctrine. (1941) The principle by \nwhich adjacent landowners resolve uncertainties over \nland boundaries by permanently fixing the boundar\nies by agreement; specif., the rule that owners ofcon\ntiguous land may agree on the boundary between the \nparcels, as long as the actual boundary is uncertain, \nthere is agreement between the two owners about the \nboundary line, there is acquiescence in the agreed line \nfor a time exceeding the statute of limitations, and \nthe agreed boundary is identifiable on the ground. \nAlso termed doctrine ofpractical location. See agreed \nboundary under BOUNDARY. [Cases: Boundaries (;:::> \n46,48.] \nagreed case. See agreed statement offacts under STATE\nMENT OF FACTS. \nagreed decree. See DECREE. \nagreed dismissal. See dismissal agreed under DISMISSAL \n(1). \nagreed judgment. See JUDGMENT. \nagreed price. See PRICE. \nagreed statement offads. See STATEMENT OF FACTS. \nagreed statement on appeal. See agreed statement of \nfacts under STATEMENT OF FACTS. agreed value. See VALUE (2). \nagreement. (15c) 1. A mutual understanding between \ntwo or more persons about their relative rights and \nduties regarding past or future performances; a mani\nfestation of mutual assent by two or more persons. \n[Cases: Contracts 2. The parties' actual bargain \nas found in their language or by implication from other \ncircumstances, including course of dealing, usage of \ntrade, and course of performance. DCC  1-201(3). \n[Cases: Contracts (;:::> l.] \n\"The term 'agreement,' although frequently used as syn \nonymous with the word 'contract,' is really an expression \nof greater breadth of meaning and less technicality. Every \ncontract is an agreement; but not every agreement is a \ncontract. In its colloquial sense, the term 'agreement' \nwould include any arrangement between two or more \npersons intended to affect their relations (whether legal or \notherwise) to each other. An accepted invitation to dinner. \nfor example, would be an agreement in this sense; but \nit would not be a contract, because it would neither be \nintended to create, nor would it in fact create, any legal \nobligation between the parties to it. Further, even an agree\nment which is intended to affect the legal relations of the \nparties does not necessarily amount to a contract in the \nstrict sense of the term. For instance, a conveyance of land \nor a gift of a chattel. though involving an agreement, is ... \nnot a contract; because its primary legal operation is to \neffect a transfer of property. and not to create an obliga\ntion.\" 2 Stephen's Commentaries on the Laws ofEng/and 5 \n(L. Crispin Warmington ed., 21st ed. 1950). \n\"An agreement, as the courts have said, 'is nothing more \nthan a manifestation of mutual assent' by two or more \nparties legally competent persons to one another. Agree \nment is in some respects a broader term than contract, or \neven than bargain or promise. It covers executed sales, \ngifts, and other transfers of property.\" Samuel Williston, \nA"}
{"text": "than bargain or promise. It covers executed sales, \ngifts, and other transfers of property.\" Samuel Williston, \nA Treatise on the Law of Contracts  2, at 6 (Walter H.E. \nJaeger ed., 3d ed. 1957). \nagreement incident to divorce. See DIVORCE AGREE\nMENT. \nagreement of sale. An agreement that obligates \nsomeone to sell and that may include a correspond\ning obligation for someone else to buy. [Cases: Sales \n(;:::> 1.] \nagreement to agree. 1. An unenforceable agreement \nthat purports to bind two parties to negotiate and \nenter into a contract; esp., a proposed agreement \nnegotiated with the intent that the final agreement \nwill be embodied in a formal written document and \nthat neither party will be bound until the final agree\nment is executed. 2. A fully enforceable agreement \ncontaining terms that are sufficiently definite as well \nas adequate consideration, but leaving some details \nto be worked out by the parties. [Cases: Contracts \n\"Although the parties [to an agreement with open terms) \nexpect that they will reach agreement on the missing \nterms, what they expect to happen if they fail to reach \nagreement is often unclear. They may understand that \nthere will be no contract at all or they may understand \nthat there will be a contract with the missing term supplied \nas a matter of law. If the latter is their understanding, a \nquestion arises whether the agreement is one with open \nterms sufficiently definite to be enforceable or whether \nit is a mere unenforceable 'agreement to agree.\" E. Allan \nFarnsworth, Contracts  3.29, at 217 (3d ed. 1999). \n\n79 agreement \nagreement to sell. An agreement that obligates someone \nto sell. [Cases: Sales C=:> 1.] \nantenuptial agreement. See PRENUPTIAL AGREE\nMENT. \nbinding agreement. (lSc) An enforceable contract. See \nCONTRACT. [Cases: Contracts C=:> 1.] \nbusiness-continuation agreement. An agreement for \nthe disposition ofa business interest in the event ofthe \nowner's death, disability, retirement, or withdrawal \nfrom the business. The agreement may be between \nthe business and its individual owners, among the \nindividual owners themselves, or between the indi\nvidual owners and a key person, family member, or \noutsider. - Abbr. BCA. Cf. cross-purchase agreement; \nthird-party business-buyout agreement. \nclosing agreement. Tax. A written contract between a \ntaxpayer and the Internal Revenue Service to resolve \na tax dispute. [Cases: Internal Revenue C=:>4761.] \ncohabitation agreement. See COHABITATION AGREE\nMENT. \ncriss-cross agreement. See cross-purchase agreement. \ncross-purchase agreement. An agreement between a \nbusiness's individual owners to purchase the interest \nof a withdrawing or deceased owner in order to \ncontinue operating the business. -Also termed criss\ncross agreement. Cf. business-continuation agreement; \nthird-party business-buyout agreement. \ndivorce agreement. See DIVORCE AGREEMENT. \nexchange agreement. An agreement to exchange \nreal properties, usu. like-kind properties. See1031 \nEXCHANGE; TAX-FREE EXCHANGE. \nformal agreement. (l7c) An agreement for which the \nlaw requires not only the consent of the parties but \nalso a manifestation ofthe agreement in some partic\nular form (e.g., a signed writing), in default ofwhich \nthe agreement is unenforceable. Cf. formal contract \nunder CONTRACT. [Cases: Contracts C=:>30.] \nintegrated agreement. See INTEGRATED CONTRACT. \ninvalid agreement. See invalid contract under \nCONTRACT. \nliving-together agreement. See COHABITATION AGREE\nMENT. \nmarital agreement. See MARITAL AGREEMENT. \nmarital settlement agreement. See DIVORCE AGREE\nMENT. \nnegotiated agreement. See NEGOTIATED AGREEMENT. \nnoncircumvention agreement. See NONCIRCUMVEN\nTION AGREEMENT. \noutsourcing agreement. See OUTSOURCING AGREE\nMENT. \npoint-and-click agreement. See POINT-AND-CLICK \nAGREEMENT. \npostnuptial agreement. See POSTNUPTIAL AGREE\nMENT. prenuptial agreement. See PRENUPTIAL AGREEMENT. \nproperty settlement agreement. See PROPERTY SETTLE\nMENT (2). \nreconciliation agreement. See RECONCILIATION AGREE\nMENT. \nredemption agreement. See STOCK-REDEMPTION \nAGREEMENT. \nseparation agreement. See SEPARATION AGREEMENT. \nside agreement. 1. An agreement that is ancillary to \nanother agreement. 2. Int'llaw. An international \naccord that is specifically negotiated to supplement a \nbroader trade treaty. For example, NAFTA contains \nno provisions about labor standards or environmental \nprotection. But two side agreements about those areas \nwere negotiated separately and deSigned to supple\nment NAFTA, making the treaty more attractive to \nthe ratifying bodies. -Also termed supplemental \nagreement. \nsimple agreement. (ISc) An agreement for which the \nlaw requires nothing for its effective operation beyond \nsome manifestation that the parties have consented. \nstock-retirement agreement. See STOCK-REDEMPTION \nAGREEMENT. \nsubordination agreement. An agreement bywhich one \nwho holds an otherwise senior interest agrees to sub\nordinate that interest to a normally lesser interest, usu. \nwhen a seller agrees to subordinate a purchase-money \nmortgage so that the buyer can obtain a first-mort\ngage loan to improve the property. [Cases: Secured \nTransactions C=:> 147.] \nsupplemental agreement. See side agreement. \nsurrogate-parenting agreement. See SURROGATE-PAR\nENTING AGREEMENT. \ntakeover agreement. An agreement under which \na defaulting party's surety agrees to perform the \noriginal contract in the defaulting party's stead. \n[Cases: Principal and Surety C=:>SO.] \nthird-party business-buyout agreement. An agreement \nby a business's owners to sell all or part ofthe business \nto an outside person who will continue to operate it. \nCf. business-continuation agreement; cross-purchase \nagreement. \ntrust agreement. See declaration oftrust (2) under DEC\nLARATION (1). \nunconscionable agreement (.m-kon-sh::l-n::l-b::ll). (lS17) \nAn agreement that no promisor with any sense, and \nnot under a delusion, would make, and that no honest \nand fair promisee would accept. For commercial \ncontexts, see VCC  2-302. -Also termed uncon\nscionable contract; unconscionable bargain. [Cases: \nContracts C=:> 1.] \nunderwriting agreement. An agreement between a \ncorporation and an underwriter covering the terms \nand conditions ofa new securities issue. [Cases: Cor\nporations C=:>79.] \nvalid agreement. See valid contract under CONTRACT. \n\n80 agreement of imperfect obligation \nvoidable agreement. See voidable contract under \nCONTRACT. \nvoid agreement. See void contract under CONTRACT. \nagreement ofimperfect obligation. See unenforceable \ncontract under CONTRACT. \nagreement of rescission. See RESCISSION (2). \nagreement ofsale. See AGREEMENT. \nAgreement on Trade-Related Aspects of Intellectual \nProperty Rights. See TRIPS. \nAgreement Relating to Liability Limitation of the \nWarsaw Convention and The Hague Protocol. See \nMONTREAL AGREEMENT. \nagreement to agree. See AGREEMENT. \nagreement to marry. See marriage promise under \nPROMISE. \nagreement to sell. See AGREEMENT. \nagri (ag-n), n. pl. [Latin] Lands. \nagribusiness. The pursuit of agriculture as an occupation \nor profit-making enterprise, including labor, land-use \nplanning, and financing the cost ofland, equipment, \nand other necessary expenses . This term generally \nexcludes smaller family-owned and -operated farms. \nAgricultural Adjustment Act. A 1933 federal statute that \npaid farmers not to produce crops in an effort to raise \ncrop prices . The U.S. Supreme Court declared the Act \nunconstitutional in 1936 on grounds that Congress had \noverstepped its power to regulate commerce. A second, \nmore limited Agricultural Adjustment Act was enacted \nin 1938. Abbr. AAA. [Cases: AgricultureC=3.1.] \nAgricultural Cooperative Service. The federal agency \nwithin the U.S. Department of Agriculture responsi\nble for helping farmers to organize farm cooperatives. \n The Service also collects statistical information on \nco-ops and publishes Farmer Cooperatives, a monthly \nmagazine. \nagricultural-disparagement law. A statute deSigned to \nprotect food producers from and provide remedies for \npecuniary harm resulting from false and malicious \nreports of food contamination . A typical statute \napplies to false and disparaging public statements \nimplying or claiming that a perishable food product \nis unsafe for human consumption. It typically applies \nwhen the speaker or writer knows that the statements \nare false because the claim or implication has no basis \nin reliable scientific inquiry, facts, or data. -Also \ntermed veggie-libellaw; perishable-food-disparagement \nact; agricultural-product-disparagement law;food-dis\nparagement law. \nagricultural fixture. See FIXTURE. \nagricultural labor. Work that is performed on a farm \nor ranch, or that pertains to the production of com\nmodities, such as harvesting crops, raising livestock, \nor obtaining milk, honey, or other animal products . \nAgricultural labor is often excluded from certain labor \nlaws, such as unemployment insurance and workers' \ncompensation. agricultural lien. See LIEN. \nAgricultural Marketing Service. An agency in the U.S. \nDepartment of Agriculture responsible for compil\ning and publishing marketing information, establish\ning and enforcing quality standards for agricultural \nproducts, testing those products, and making grants to \nstates and farmers. Itwas established by the Secretary \nofAgriculture in 1972. Abbr. AMS. \nagricultural-product-disparagement law. See AGRICUL\nTURAL-DISPARAGEMENT LAW. \nAgricultural Research Service. An agency in the U.S. \nDepartment ofAgriculture responsible for conducting \nagricultural research to ensure the production of high\nquality food and food products. Abbr. ARS. \nagriculture. The science or art of cultivating soil, har\nvesting crops, and raising livestock. [Cases: Agriculture \nC=3.1.] \n\"'Agriculture' is broader in meaning than 'farming'; and \nwhile it includes the preparation of soil, the planting of \nseeds, the raising and harvesting of crops, and all their \nincidents, it also includes gardening, horticulture, viticul\nture, dairying, poultry, bee raising, and ranching.\" 3 Am. \nJur. 2d Agriculture  1, at 934-35 (1986). \nagri limitati (ag-rI lim-i-tay-tI). See ager limitatus under \nAGER. \nAguilar-Spinelli test (ah-gee-Iahr spi-nel-ee or ag-wa\nlahr). Criminal procedure. A standard for determining \nwhether hearsay (such as an informant's tip) is suffi\nciently reliable to establish probable cause for an arrest \nor search warrant.  Under this two-pronged test \nwhich has been replaced by a broader, totality-of-the\ncircumstances approach the reliability of both the \ninformation and the informant must be assessed inde\npendently. Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509 \n(1964); Spinelli v. United States, 393 U.S. 410, 89 S.Ct. \n584 (1969). Cf. TOTALITY-OF-THE-CIRCUMSTANCES \nTEST. [Cases: Criminal Law C=211(3); Searches and \nSeizures C=118.1 \nagunah (ah-goo-nah), n.lewish law. 1. A woman whose \nhusband has deserted her or otherwise disappeared . \nShe may not remarry until either proving his death or \nobtaining a divorce. 2. A woman whose husband will \nnot agree to a divorce. \nAGVA. abbr. AMERICAN GUILD OF VARIETY ARTISTS. \nahupuaa (ah-hoo-poo-ah-ah). [Hawaiian] A variable \nmeasure of Hawaiian land, traditionally understood \nto stretch from the sea to the mountains, to allow the \npeople to obtain the various materials needed for sub\nsistence offered at different elevations. -Also spelled \nahupua>a. \nAICPA. abbr. American Institute of Certified Public \nAccountants. [Cases: Accountants \nAID. abbr. 1. See artificial insemination by donor under \nARTIFICIAL INSEMINATION. 2. UNITED STATES AGENCY \nFOR INTERNATIONAL DEVELOPMENT. \naid, n. 1. A contribution toward defense costs from a \nthird party who has a joint interest in the defense but \nhas not been sued. 2. Hist. A subSidy or tax granted \n\n81 \nto the king for an extraordinary purpose. 3. Hist. A \nbenevolence or tribute (Le., a sum of money) granted by \nthe tenant to his lord in times ofdifficulty and distress. \n Over time, these grants evolved from being discre\ntionary to mandatory. The three principal aids were: (1) \nto ransom the lord's person ifhe was taken prisoner; \n(2) to contribute toward the ceremony ofknighting the \nlord's eldest son; and (3) to provide a suitable dowry for \nthe lord's eldest daughter. \naid and abet, vb. (17c) To assist or facilitate the commis\nsion of a crime, or to promote its accomplishment. \nAiding and abetting is a crime in most jurisdictions. \nAlso termed aid or abet; counsel and procure. [Cases: \nCriminal Law aider and abettor, n. \n\"The phrase 'aid and abet' and 'aider and abettor' seem \nunnecessarily verbose .... [AJny aid given with mens rea \nis abetment; hence to add the word 'aid' to the word 'abet' \nis not necessary"}
{"text": "given with mens rea \nis abetment; hence to add the word 'aid' to the word 'abet' \nis not necessary and is sometimes misleading.\" Rollin M. \nPerkins & Ronald N. Boyce, Criminal Law 724-25 (3d ed. \n1982). \n\"In connection with the principal in the second degree \nor accessory before the fact, the terms 'aid' and 'abet' \nare frequently used interchangeably, although they are \nnot synonymous. To 'aid' is to assist or help another. To \n'abet' means, literally, to bait or excite, as in the case of an \nanimal. In its legal sense, it means to encourage, advise, or \ninstigate the commission of a crime.\" 1 Charles E. Torcia, \nWharton'S Criminal Law  29, at 181 (15th ed. 1993). \naid and comfort. (16c) Help given by someone to a \nnational enemy in such a way that the help amounts \nto treason . The phrase is a loan translation of the \nFrench aide et confort, which appears in the early 15th \ncentury in a French translation of the Bible. The first \nEnglish-language use appears to have been in Grafton's \nChronicles of 1568. [Cases: Treason C:=>6.] \n\"Aid and comfort may be given in various ways, such as \nbuying a vessel and fitting it for service in aid ofthe enemy, \ndelivering prisoners and deserters to the enemy, or selling \ncritical materials with knowledge of the fact that the pur \nchaser buys them to use in the manufacture of gunpowder \nfor the enemy, or otherwise to aid him in his prosecution \nof the war. And the courts have given short shrift to the \nclaim that such a sale was not intended to aid the enemy \nbut only to make a profit.\" Rollin M. Perkins & Ronald N. \nBoyce, Criminal Law 502 (3d ed. 1982). \naided-awareness survey. Trademarks. A trademark \nsurvey in which interviewees are asked to choose \nfrom a spectrum of choices that prominently feature \nthe desired response. -Aided-awareness surveys are \noften discounted or entirely disregarded by courts in \ntrademark-infringement actions. Also termed aided\nrecall survey. (Cases: Trademarks C:=>1619,1629(4).] \naide-memoire (ayd-mem-wahr). [French] Int'llaw. A \ndiplomatic document that a diplomatic agent leaves \nwith the receiving state's department offoreign affairs \non the occasion of a demarche .  The aide-memoire \npresents the receiving state with a precise record of \nthe substance of the diplomatic agent's mission. It is \ntypically written in an impersonal style, without men\ntioning either the addressee or the author. It appears \non printed letterhead and is dated, but it is not Signed, \ninitialed, or embossed with a seal. See DEMARCHE. AIH \naider, n. 1. An act ofaiding; the curing of a defect. 2. One \nwho aids another. \naider by pleading over. (1860) The cure of a pleading \ndefect by an adversary's answering the pleading without \nan objection, so that the objection is waived. [Cases: \nPleading C:=>406(3).] \naider by subsequent pleading. The cure of a pleading \ndefect by an adversary's answer that refers to or admits \na material fact or allegation that was not mentioned \nin the pleading, or an answer that shows the correct \nbasis for the plaintiff's pleading. Also termed express \naider. (Cases: Pleading C:=>403.] \naider by verdict. (1824) The cure ofa pleading defect by a \ntrial verdict, based on the presumption that the record \ncontains adequate proof of the necessary facts even if \nthose facts were not specifically alleged. -Also termed \ncure by verdict. (Cases: Indictment and Information \nC:=>200-203; Pleading C:=>432-437.] \n\"AIDER BY VERDICT. Wherever a pleading states the essential \nrequisites of a cause of action or ground of defense, it \nwill be held sufficient after a general verdict in favor of \nthe party pleading, though the statement be informal or \ninaccurate; but a verdict will never aid the statement of a \ntitle or cause of action inherently defective.\" Benjamin J. \nShipman, Handbook ofCommon-Law Pleading  332, at 531 \n(Henry Winthrop Ballantine ed., 3d ed. 1923). \naiding an escape. The crime of helping a prisoner escape \ncustody. [Cases: Escape C:=>5.] \naid of the king. Rist. A request of the king made by a \ntenant for relief from another'S demand for rent. \naid or abet. See AID AND ABET. \naid or abet infringement. Patents. Through some affir\nmative act or conduct, to actively induce or assist with \nanother person's infringement. -Aiding or abetting \npatent infringement is actionable under  271(b) of the \nPatent Act. Cf. infringement in the inducement under \nINFRINGEMENT. [Cases: Patents C:=>259(1).J \naid prayer. Hist. A plea by a life tenant or other holder of \nless than a fee simple to bring into the action another \nwho holds an interest in the estate (such as a rever\nsioner or remainderman) to help defend the title. \nAlso termed prayer in aid. \naids. See AID (2). \nAid to Families with Dependent Children. Obsolete. A \nfederally funded, state-administered welfare program \nthat provided financial assistance to needy families with \ndependent children. _ Aid to Families with Dependent \nChildren has been replaced by Temporary Assistance \nto Needy Families. -Abbr. AFDC. See TEMPORARY \nASSISTANCE TO NEEDY FAMILIES. \naiel (aY-<ll), n. [Law French] Hist. 1. A grandfather. 2. \nA writ by an heir of a grandfather for recovery of the \ngrandfather's estate, which had been wrongfully pos\nsessed by a stranger. -Also spelled aile; ayel; ayle. \nAlso termed (in sense 2) writ of aiel. Cf. BESAYEL; \nCOSINAGE. \nAIH. abbr. See artificial insemination by husband under \nARTIFICIAL INSEMINATION. \n\n82 Aiken exemption \nAiken exemption. Copyright. An exception in the law \nof infringement that permits retail establishments \nwith less than 2,000 square feet ofspace to play radio \nand television broadcasts for employees and patrons \nwithout obtaining a license. Twentieth Century Music \nCorp. v. Aiken, 422 U.S. 151,95 S. Ct. 2040 (1975). \nAlso termed store-receiver exemption. [Cases; Copy\nrights and Intellectual Property ~48.l.J \naimable compositeur (ay-mah-bl .. kon-poh-zee-tuur). \n[French] See AMIABLE COMPOSITOR. \nAlP. abbr. See AMERICAN INSTITUTE OF PARLIAMENTAR\nIANS. \nAIPA. abbr. AMERICAN INVENTORS PROTECTION ACT. \nAIPLA. abbr. AMERICAN INTELLECTUAL PROPERTY LAW \nASSOCIATION. \nairbill. A document serving as a bill oflading for goods \ntransported by air. -The term includes air consign\nment notes and air waybills. [Cases: Carriers ~51.] \naircraft piracy. See air piracy under PIRACY (2). \nair law. The part oflaw, esp. international law, relating \nto civil aviation. \nairman's certificate. A license that every aircraft pilot \nmust have to operate an aircraft in U.S. airspace. 49 \nUSCA  44701-44711; 14 CFR  61.3. [Cases: Aviation \n~122.] \nAirman's Information Manual. A publication of the \nFederal Aviation Administration, providing the funda\nmental requirements ofany pilot who flies in national \nairspace. \nair piracy. See PIRACY (2). \nair pollution. Environmental law. Any harmful sub\nstance or energy emitted directly or indirectly into the \nair, esp. if the harm is to the environment or to the \npublic health or welfare. [Cases: Environmental Law \n~241-301.] \nair-quality-control region. Environmental law. A fed\nerally deSignated area in which communities share an \nair-pollution problem, often involVing several states; an \ninterstate area or major intrastate area that the Envi\nronmental Protection Agency designates for monitor\ning and ameliorating ambient air-quality standards. \n42 USCA  7407(c). [Cases: Environmental Law ~ \n254-301.] \nair-quality criteria. Environmental law. The legal limits \nthat the Environmental Protection Agency sets for \natmospheric or airborne pollutants in a defined area \nand at a specified time. [Cases: Environmental Law \n<~::>255.] \nair right. (1922) The right to use all or a portion of the \nairspace above real property. \nair-services agreement. See AIR-TRANSPORT AGREE\nMENT. \nairspace. The space that extends upward from the surface \nofland, esp. so far as is necessary for the owner or pos\nsessor to have reasonable use and enjoyment ofthe inc i-dents ofits ownership or possession. Cf. OUTER SPACE. \n[Cases: Property~7.] \nnational airspace. Int'llaw. The pillar of air above a \nnation's territory including internal waters and \nthe territorial sea over which it has complete and \nexclusive sovereignty and through which foreign \naircraft have no right of innocent passage . There \nis no agreement on the boundary between national \nairspace and outer space. \nnavigable airspace. The area above the legally estab\nlished minimum flight altitudes, including the \narea needed to ensure safe takeoffs and landings of \naircraft. 49 USCA  40l02(a)(30). [Cases: Aviation \n~3,231.] \nair-transport agreement. A contract governing the \noperation of air services; esp., an intergovernmental \nagreement governing the operation of international air \nservices between their territories. -Also termed air\nservices agreement. \nair waybill. See WAYBILL. \naisiamentum (ay-shee- ..-men-t ..m). [Law Latin] An \neasement or privilege. \naisne. See EIGNE. \na issue (ah is[h]-yoo). [Law French] At issue. \nAJS. abbr. AMERICAN JUDICATURE SOCIETY. \na jure suo cadunt (ay joor-ee s[y]oo-oh kay-dant). [Latin] \nScots law. They fall from their right. _ The phrase \nappeared in reference to those who lose a property right \nthrough loss of possession or through abandonment. \na.k.a. abbr. (1955) Also known as. \nal (ahl), prep. [Law French] At. \na la grande grevaunce (ah la grawnd gr ..-vawns). [Law \nFrench] To the great grievance. \na large (ah lahrzh). [Law French] Free; at large. \nAlaska trust. See asset-protection trust (1) under TRUST \n(3). \na latere (ay lat-..-ree). [Latin) From the side; collaterally. \n-This term was formerly used to denote collateral suc\ncession rather than lineal succession. \nalbacea (ahl-b ..-thay- ..), n. Spanish law. An executor; \nthe person named by a testator to carry out the direc\ntions ofa wilL \nalbafirma (al-b .. far-rna). [Law Latin] See WHITE RENT. \nalbanus (al-bay-n ..s), n. [Law Latin] See ADVENA. \nal barre (ahl bahr). [Law French] At the bar. \nalbum breve (al-b ..m breev or bree-vee). See BREVE. \nalb us tiber (ai-bas h-b..r). [Law Latin \"white book\"] Hist. \nAn ancient book containing a compilation of the laws \nand customs of the city of London. -Also termed \nWhite Book. \nalcalde (ahl-kahl-day or al-kal-dee). [fro Arabic aI-qadi \n\"the Cadi\" or \"the judge\"] Spanish law. 1. Hist. A \njudicial officer. -The alcalde'S functions typically \nresembled those ofa justice ofthe peace. 2. The mayor \n\n83 alias \nof a Spanish or Spanish-American town, usu. with a \njudicial element.  This is the modern sense. \nAlcohol and Tobacco Tax and Trade Bureau. A bureau \nin the U.S. Department of the Treasury that adminis\nters the laws governing the production, use, and dis\ntribution ofalcohol and tobacco products, and collects \nexcise taxes on firearms and ammunition . The Bureau \nhas the tax-enforcement functions ofthe former Bureau \nofAlcohol, Tobacco, and Firearms. Abbr. TTB. \nalcoholometer. See BREATHALYZER. \nalderman. A member of a city councilor other local \ngoverning body. Also termed alderperson. [Cases: \nMunicipal Corporations C=>84.] \nalderman nus (al-d;>r-man-;>s). [Law Latin] Hist. An \nalderman. \naldermannus civitatis vel burgi (siv-i-tay-tis vel b<)r-jr). \nAn alderman ofa city or borough. \naldermannus hundredi seu wapentachii (han-dri-dr \nsyoo wahp-an-tay-kee-r). An alderman ofa hundred \nor wapentake. \naldermannus regis (ree-jis). An alderman ofthe king, \nso called because he is appointed by the king or gives \nthe king's judgment in the premises allotted to him. \naldermannus totiusAngliae (toh-shee-;;)s ang-glee-ee). \nAn alderman of all England, similar to the chief justi\nciary of England in later times. See JUSTICIARY. \nalderperson. See ALDERMAN. \nalderwoman. A female member ofa city council or other \nlocal governing body. [Cases: Municipal Corporations \nC=>84.] \nalea (ay"}
{"text": "a city council or other \nlocal governing body. [Cases: Municipal Corporations \nC=>84.] \nalea (ay-Iee-;;), n. [Latin] Roman law. I. A game ofchance. \n2. The chance ofgain or loss in a contract. \naleator (ay-Iee-ay-t;;)r). [Latin] Roman law. A gambler; \ndice player. \naleatory (ay-Iee-;;)-tor-ee), adj. (l7c) Dependent on uncer\n. tain contingencies . The word aleatory derives from \nthe Latin word aleator, meaning \"a gambler,\" which \nitself comes from alea (a die used in gaming). Also \ntermed aleatoric. \naleatory contract. See CONTRACT. \naleatory promise. See PROMISE. \nalegal, adj. (1991) Outside the sphere oflaw; not clas\nsifiable as being legal or illegal <the law often treats \nthe promises ofunmarried cohabitants as contractual \nwords rather than alegal words of commitment>. \nalegality, n. \naler a Dieu. See ALLER ADIEU. \naler sans jour. See ALLER SANS TOUR. \nale silver. Hist. A rent or tribute paid annually to the \nlord mayor of London by persons who sold ale within \nthe city. \nalevosia. Spanish law. See MALICE. See Pico v. United \nStates, 228 U.S. 225, 33 S.Ct. 482 (1913). \nalez adeu (ah-lay ah-duu). See ADEU. alfet (al-fet). Hist. A cauldron filled with boiling water, \nused to scald the arm ofa person undergoing an ordeal. \nSee ordeal by water (2) under ORDEAL. \nAlford plea. (1971) A guilty plea that a defendant enters \nas part of a plea bargain, without actually admitting \nguilt. This plea is not considered compelled within \nthe language ofthe Fifth Amendment if the plea rep\nresents a voluntary, knowing, and intelligent choice \nbetween the available options <the defendant -real\nizing the strength ofthe prosecution's evidence and not \nwanting to risk receiving the death penalty -entered \ninto an Alford plea>. North Carolina v. Alford, 400 \nU.S. 25, 91 S.Ct. 160 (1970). Cf. NO CONTEST. [Cases: \nCriminal Law C=>273(4.1), 273.1(2).] \nalgOrithm. Patents. A mathematical or logical process \nconsisting of a series of steps, designed to solve a \nspecific type of problem. Algorithms were long \nconsidered abstract ideas and therefore unpatentable \nsubject matter. But in 1998, the U.S. Court of Appeals \nfor the Federal Circuit found valid a patent on finan\ncial software as \"a practical application ofa mathemati\ncal algorithm [that] produces a useful, concrete and \ntangible result.\" State St. Bank & Trust Co. v. Signa\nture Fin. Group, 149 F.3d 1368 (Fed. Cir. 1998). That \nprecedent makes it easier to patent computer software, \nwhich consists almost entirely ofalgorithms. [Cases: \nPatents C=>6.] \nalgorithm exception. Patents. The general rule that \nan abstract mathematical function, such as an algo\nrithm, cannot be patented. The exception was first \narticulated by the U.S. Supreme Court in Gottschalk v. \nBenson, 409 U.S. 63, 93 S.Ct. 253 (1972). The rule was \nundermined by State St. Bank & Trust Co. v. Signature \nFin. Group, 149 F.3d 1368 (Fed. Cir. 1998). In that case, \nthe court decided that a machine's transformation of \nnumerical data into a calculated share price was a suf\nficient and practical application ofa mathematical algo\nrithm, formula, or calculation, because the final share \nprice was \"a useful, concrete and tangible result.\" \nAlso termed mathematical-algorithm exception. [Cases: \nPatents C=>6.J \nALI. abbr. AMERICAN LAW INSTITUTE. \nalia enormia (ay-lee-<l i-nor-mee-;;). [Law Latin \"other \nserious wrongs\"] Hist. A general allegation of injuries \nmade at the conclusion ofthe declaration by a plaintiff \nin a trespass action. [Cases: Trespass C=>40(5).J \naliamenta (al-ee-;;)-men-t;;)). [Latin] A liberty ofpassage \nor open way, such as a path through another's hedge or \ndrainage for a waterway. \nalias (ay-Iee-;;)s), adj. Issued after the first instrument has \nnot been effective or resulted in action. \nalias, adv. 1. Otherwise called or named; also known \nas <William Grimsby, alias the Grim Reaper>. 2. At \nanother time. \nalias, n. (17c) 1. An assumed or additional name that \na person has used or is known by. -Also termed \nassumed name;jictitious name. Cf. PSEUDONYM. [Cases: \n\n84 alias dictus \nNames C::=> 14.] 2. Hist. A second writ issued after the \nfirst has failed. See alias writ under WRIT. Pi. aliases. \nalias dictus (ay-lee-as dik-tas), adv. [Latin] Otherwise \ncalled; ALIAS (1). \nalias execution. See EXECUTION. \nalias process. See PROCESS. \nalias subpoena. See SUBPOENA. \nalias summons. See SUMMONS. \nalias writ. See WRIT. \na libellis (ay Ii-bel-is). [Law Latin] Roman law. 1. An \nofficer having charge of petitions (libelli) addressed \nto the emperor or sovereign. 2. CHANCELLOR OF THE \nEXCHEQUER. \na libello ut libellatur (ay l;:~-bel-oh at lib-a-lay-tar). \n[Law Latin] Rist. From the libel as laid. _ The phrase \nappeared in a dismissal in favor ofa defendant. \nalibi (al-a-bI), n. [Latin \"elsewhere\"] (l8c) 1. A defense \nbased on the physical impossibility of a defendant's \nguilt by placing the defendant in a location other than \nthe scene of the crime at the relevant time. Fed. R. \nCrim. P. 12.1. [Cases: Criminal Law C::=>31.5.] 2. The \nfact or state of having been elsewhere when an offense \nwas committed. \nalibi, vb. To offer or provide an alibi for <the conspirators \nalibied for each other>. \nalibi witness. See WITNESS. \nalien (ay-Iee-an or ayl-yan), n. (I4c) A person who resides \nwithin the borders of a country but is not a citizen or \nsubject of that country; a person not owing allegiance \nto a particular nation. -In the United States, an alien \nis a person who was born outside the jurisdiction ofthe \nUnited States, who is subject to some foreign govern\nment, and who has not been naturalized under U.S. \nlaw. [Cases: Aliens, Immigration, and Citizenship \n104, 121,786, 116, 116.J \nalien ami. See alien friend. \nalien amy. See alien friend. \nalien enemy. A citizen or subject of a country at war \nwith the country in which the citizen or subject is \nliving or traveling. Also termed enemy alien. \n[Cases: War and National Emergencyc::=> 11.] \n\"In its natural meaning, the term 'alien enemy' indicates a \nsubject of a State with which this country is at war; but in \nconsidering the enforcement of civil rights, the test is not \nnationality, but residence or place of business. Hence, if a \nperson is voluntarily resident in or is carrying on business \nin an enemy country, then he is an alien enemy even \nthough he be a British subject or the subject of a neutral \nState ....\" 1 EW. Chance, Principles ofMercantile Law 5253 \n(P.W. French ed., 13th ed. 1950). \nalien friend. An alien who is a citizen or subject of a \nfriendly power. -Also termed (in Law French) alien \namy; alien ami. \nalien immigrant. See IMMIGRANT. \ndeportable alien. A alien who has entered the United \nStates but is subject to removal. enemy alien. See alien enemy. \nexcludable alien. A alien ineligible for admission or \nentry into the United States. \nillegal alien. (1901) An alien who enters a country at \nthe wrong time or place, eludes an examination by \nofficials, obtains entry by fraud, or enters into a sham \nmarriage to evade immigration laws. Also termed \nundocumented alien. [Cases: Aliens, Immigration, \nand Citizenship C::=> 121, 786.J \ninadmissible alien. A deportable or excludable alien. \nSee 8 USCA  1182(a). \nnonresident alien. (1801) A person who is neither a \nresident nor a citizen of the United States. [Cases: \nAliens, Immigration, and Citizenship C::=> 116.] \nresident alien. (18c) An alien who has a legally estab\nlished domicile in the United States. See NATURALIZA\nTION. [Cases: Aliens, Immigration, and Citizenship \nC::=> 116.] \nundocumented alien. See illegal alien. \nalien, vb. See ALIENATE. \nalienable (ay-Iee-a-na-bal or ayl-ya-), adj. Capable of \nbeing transferred to the ownership of another; trans\nferable <an alienable property interest>. -alienabil\nity, n. \nalienage (ay-Iee-a-nij or ayl-ya-nij), n. The condition or \nstatus of being an alien. [Cases: Aliens, Immigration, \nand Citizenship C::> 104.] \ndeclaration ofalienage. See DECLARATION (1). \nalien ami. See alien friend under ALIEN. \nalien amy. See alien friend under ALIEN. \nAlien and Sedition Acts. Hist. Four statutes passed in \n1798 deSigned to silence critics of the Federalist party \nby tightening reSidency requirements for citizenship, \ngranting to the President the power to jail aliens consid\nered dangerous to the country, and restricting freedoms \nofthe press and speech by criminalizing speech hostile \nto the government. - All the acts had expired or been \nrepealed by 1802. \nalienate (ay-Iee-a-nayt or ayl-ya-), vb. (16c) To transfer \nor convey (property or a property right) to another. \nAlso termed alien. alienator, n. \nalienatio feud; (ay-Iee-a-nay-shee-oh fyoo-dI). [Law \nLatin] Hist. DispOSition of a feudal right. \nalienatio feudifirmae feudifirmarum (ay-Iee-a-nay\nshee-oh fyoo-di-far-mee fyoo-di-far-mair-am). [Law \nLatin\" disposition ofa feuholding offeuholders\"J Hist. \nA conveyance to avoid the prohibition on alienation of \nCrown lands. -It was nullified by statute in 1597. \nalienation (ay-Iee-a~nay-shan or ayl-ya-nay-shan), n. \n(14c) 1. Withdrawal from former attachment; estrange\nment <alienation of affections>. 2. Conveyance or \ntransfer of property to another <alienation of one's \nestate>. [Cases: PropertyC::=> 11.] alienative (ay-Iee\na-nay-Bv or ayl-ya-), adj. \n\n85 \n\"[AJny transfer of real estate short of a conveyance of \nthe title is not an alienation of the estate: 4AJohn Alan \nAppleman & Jean Appleman, Insurance Law and Practice \n 2741, at 325 n.12 (rev. vol. 1969). \ninvoluntary alienation. Alienation against the wishes \nof the transferor, as by attachment. -Also termed \ninvoluntary conveyance. \nalienation clause. (1877) 1. A deed provision that either \npermits or prohibits the further conveyance of the \nproperty. [Cases: Deeds (:::::> 144(1), 149.] 2. Insurance. \nA clause in an insurance policy voiding coverage ifthe \npolicyholder alienates the insured property. [Cases: \nInsurance (:::::>3051.] \nalienation ofaffections. (1867) A tort claim for willful or \nmalicious interference with a marriage by a third party \nwithout justification or excuse . Where the cause of \naction still exists, the elements are (1) some wrongful \nconduct by the defendant with the plaintiff's spouse, (2) \nthe loss of affection or loss ofconsortium ofthe plain\ntiff's spouse, and (3) a causal relationship between the \ndefendant's conduct and the loss of consortium. Only \na few states allow this cause ofaction. But the doctrine \nthrives elsewhere. For example, a North Carolina court \nhas upheld a $1 million award to an ex-wife who filed an \nalienation-of-affections action against her ex-husband's \nnew wife. Hutelmyer v. Cox, 514 S.E.2d 554 (N.C. Ct. \nApp. 1999). See CONSORTIUM; HEARTBALM STATUTE. \n[Cases: Husband and Wife (:::::>322-337.] \nalienation office. See OFFICE. \nalienative fact. See FACT. \nalien corporation. See foreign corporation under COR\nPORATION. \nalienee (ay-lee-<l-nee or ayl-Y<l-nee), n. (16c) One to \nwhom property is transferred or conveyed. -Also \ntermed disponee. \nfraudulent alienee. One who knOWingly receives \nan asset by means of fraudulent alienation. [Cases: \nFraudulent Conveyances (:::::> 156-158.] \nalien enemy. See"}
{"text": ": \nFraudulent Conveyances (:::::> 156-158.] \nalien enemy. See ALIEN. \nalien friend. See ALIEN. \nalienigena (ay-lee-a-nij-a-na). [Latin1 Hist. An alien. C \nINDIGENA. \nalieni generis (ay-lee-ee-m [or al-ee-] jen-d-ris). [Latin] \nOfanother kind; ofa foreign kind. \nalieni juris (ay-Iee-ee-nr [or al-ee-] joor-is), adj. [Latin] \nRoman law. Subject to the power or authority of \nanother. Also spelled alieni iuris. \nalien immigrant. See IMMIGRANT. \nalienism. The state, condition, or character of an alien. \nalienist. (1864) Archaic. A psychiatrist, esp. one who \nassesses a criminal defendant's sanity or capacity to \nstand trial. \nalienor (ay-Iee-<l-nar or -nor), n. (16c) One who trans\nfers or conveys property to another. Also termed \ndisponor. alimony \nAlien Tort Claims Act. A section in the Judiciary Act \nof 1789 giving federal courts jurisdiction to hear tort \nclaims brought by foreigners who allege a violation of \ninternational law or a treaty to which the United States \nis a party. 28 USCA  1350. The statute was largely \ndormant until the 1980s, when it was invoked in several \ncases involVing torture, disappearances, or killings \ncommitted by non-Americans in foreign countries. \nSee, e.g., Filartiga v. Pena-Irala, 630 F.2d 876 (2d Cir. \n1980). Later, alien plaintiffs began using the law to sue \nlarge corporations and the United States government \nor those acting at the government's direction. See, e.g., \nSosa v. Alvarez-Machain, 542 U.S. 692, 124 S.Ct. 2739 \n(2004); Bano v. Union Carbide Corp., 273 F.3d 120 (2d \nCir. 2001). Also termed Alien Tort Statute. [Cases; \nAliens, Immigration, and Citizenship (:::::>760-766.] \nalienus (ay-Iee-or al-ee-ee-nas), adj. [Latin] Roman law. \nBelonging to another. Alienus homo means \"another'S \nslave.\" \naliment. Scots law. The financial support that an indigent \nperson is entitled to receive from a spouse or, ifunmar\nried, from a relative or relatives in a prescribed order, \nbeginning with the person's children. Also termed \n(in English law) alimony. \nalimenta (al-a-men-td). [Latin] Roman law. Things nec\nessary to sustain life, such as food and clothing. \nalimentary-canal smuggling. See SMUGGLING. \nalimony (al-a-moh-nee). (17c) 1. A court-ordered allow\nance that one spouse pays to the other spouse for \nmaintenance and support while they are separated, \nwhile they are involved in a matrimonial lawsuit, or \nafter they are divorced . Alimony is distinct from a \nproperty settlement. Alimony payments are taxable \nincome to the receiving spouse and are deductible by \nthe payor spouse; payments in settlement of property \nrights are not. The Supreme Court has held unconsti\ntutional a statute that imposed alimony obligations on \nthe husband only. Orr v. Orr, 440 U.S. 268, 99 S.Ct. 1102 \n(1979). -Also termed spousal support; maintenance. \nCf. CHILD SUPPORT; DIVORCE AGREEMENT. [Cases: \nDivorce (:::::>208,230.] \n\"'Alimony,' which signifies literally nourishment or suste \nnance, means, in a general sense, the allowance required \nby law to be made to a spouse from the other spouse's \nestate for support or maintenance, either during a matri\nmonial suit or at its termination, where the fact of marriage \nis established and the right to a separate maintenance is \nproved. Similarly stated, alimony is the allowance which \na party may be compelled to pay to his or her spouse for \nmaintenance when they are living apart or after they have \nbeen divorced.\" 278 CJS Divorce  306, at 102-03 (1986). \nalimony in gross. Alimony in the form of a Single and \ndefinite sum not subject to modification. -Also \ntermed lump-sum alimony. [Cases: Divorce (:::::> \n241.] \nalimony pendente lite (pen-den-tee II-tee). [Latin \npendente lite \"pending litigation\"] See temporary \nalimony. \nfinal alimony. See permanent alimony. \n\n86 alimony trust \nlump-sum alimony. See alimony in gross. \nperiodic alimony. See permanent alimony. \npermanent alimony. Alimony payable in usu. weekly \nor monthly installments either indefinitely or until a \ntime specified by court order . This kind ofalimony \nmay usu. be modified for changed circumstances of \neither party. It terminates upon the death of either \nspouse and usu. upon the remarriage ofthe obligee. \nAlso termed final alimony; periodic alimony. [Cases: \nDivorce (-.>230.] \nprovisional alimony. See temporary alimony. \nrehabilitative alimony. Alimony found necessary to \nassist it divorced person in acquiring the education \nor training required to find employment outside \nthe home or to reenter the labor force . It usu. has \ntime limitations, such as a maximum ofone or two \nyears. Also termed short-term alimony; transitional \nalimony. [Cases: Divorce C=>247.] \nreimbursement alimony. Alimony deSigned to repay a \nspouse who during the marriage made financial con\ntributions that directly enhanced the future earning \ncapacity ofthe other spouse . An example is alimony \nfor a wife who worked full-time supporting herself \nand her husband with separate-property earnings \nwhile he earned a medical degree. [Cases: Divorce \ntemporary alimony. Interim alimony ordered by the \ncourt pending an action for divorce or separation \nin which one part y has made a claim for permanent \nalimony. Also termed provisional alimony; alimony \npendente lite; allowance pendente lite. [Cases: Divorce \nC=>208.] \ntransitional alimony. See rehabilitative alimony. \n2. English law. ALIMENT. \nalimony trust. See TRUST. \nalio intuitu (ay-Iee-oh in-t[y]oO-,H[y]oo), adv. [Latin \n\"under a different aspect\"] In a different view; with \nrespect to another case or condition. \nalioquisuccessurus (ay-Iee-oh-kwI s;lk-ses-;l-r;ls). [Latin] \nHist. (Of an heir) otherwise entitled to succeed . The \nphrase appeared in reference to an heir who would have \nsucceeded to the property by law, even without a deed \ngranting succession rights. Also spelled alioquin \nsuccessurus. \n\"In the general case, an heir who succeeds to an estate, \nincurs by his succession liability for the debts and obliga' \ntions of his ancestor .... But if the heir succeeding to the \nestate can take it up in a different character from that of \nheir of the last proprietor, if he be alioqui successuyus, \nsuch liability is not incurred.\" John Trayner, TrayneY's Latin \nMaxims 38 (4th ed. 1894). \naliqualis probatio (al-i-kway-lis proh-bay-shee-oh). \n[Law Latin] Hist. proof of some sort.  The phrase \nreferred to evidence that, although not meeting strict \nlegal requirements, was the best available under the \ncircumstances. aliquot (al-;l-kwot), adj. (16c) Contained in a larger \nwhole an exact number of times; fractional <5 is an \naliquot part of30>. \naliquot-part rule. (1947) The principle that a person \nmust intend to acquire a fractional part ofthe owner\nship ofproperty before a court can declare a resulting \ntrust in the person's favor. [Cases: Trusts C=>62-90.] \naliter (al-;l-t;lr). [Latin] Otherwise; it would be other\nwise. \n\"If I trespass on another's land, and make an excavation \nthere Without leaving any rubbish on the land, the trespass \nceases as soon as I leave the land, and does not continue \nuntil I have filled the excavation up again. Consequently \nonly one action will lie, and in it full damages are recov\nerable for both the past and the future. Aliter if I have \nbrought a heap of soil and left it on the plaintiff's land: \nR.F.V. Heuston, Salmond on the Law ofTorts 42 (17th ed. \n1977). \nALI test. See SUBSTANTIAL-CAPACITY TEST. \naliud (ay-Iee-;ld). [Latin] Something else; another \nthing. \naliud examen (ay-Iee-;ld ig-zay-man). [Latin \"another \ninvestigation\" or \"another trial \"] A different or foreign \nmode of triaL \naliud simulatum, aliud actum (ay-Iee-;ld sim-y;l-lay\nt;lm, ay-lee-;ld ak-t;lm). [Latin] Hist. One thing pre\ntended, another thing done. \naliunde (ay-Iee-y;m-dee), adj. [Latin] (17c) From another \nsource; from elsewhere <evidence aliunde>. See extrin\nsic evidence under EVIDENCE. \naliunde rule. (1943) Evidence. The doctrine that a verdict \nmay not be impeached by a juror's testimony unless a \nfoundation for the testimony is first made by competent \nevidence from another source. [Cases: Criminal Law \nC=>957; Federal Civil Procedure New Trial \nC=>143; Trial C=>344.] \nALJ. abbr. ADMINISTRATIVE-LAW JUDGE. \nall and singular. (16c) Collectively and individually. \nall-claims rule. Patents. 1he now-abandoned doctrine \nthat a patent is invalid unless every inventor named \nin the patent made an inventive contribution to every \nclaim in the patent . Section 116 of the Patent Act \nnow expressly provides that inventors may apply for \na patent jointly even though each did not make a con\ntribution to the subject matter ofevery claim. [Cases: \nPatents \nallegata (al-;l-gay-t;l). [Latin] pl. ALLEGATUM. \nallegatio falsi (al-;l-gay-shee-oh fal-s! or fawl-sI). [Latin] \nHist. An untrue allegation. Cf. EXPRESSIO FALSI. \nallegation, n. (15c) 1. The act ofdeclaring something to \nbe true. 2. Something declared or asserted as a matter of \nfact, esp. in a legal pleading; a party's formal statement \nof a factual matter as being true or provable, without \nits having yet been proved. -allege, vb. \ndefensive allegation. Eccles. law. A defendant's \nresponse in an ecclesiastical action; speci., a defen\ndant's pleading of the facts relied upon that require \n\n87 alliance \nthe plaintiff's response under oath. Cf. primary alle\ngation (2). \n\"The proceedings in the ecclesiastical courts are therefore \nregulated according to the practice ofthe civil and canon \nlaws .... [Tlheir ordinary course of proceeding is; first, by \ncitation, to call the party injuring before them. Then ... to \nset forth the complainant's ground of complaint. To this \nsucceeds the defendant's answer upon oath; when, if he \ndenies or extenuates the charge, they proceed to proofs \nby witnesses examined, and their depositions taken down \nin writing, by an officer of the court. if the defendant has \nany circumstances to offer in his defence, he must also \npropound them in what is called his defenSive allegation, \nto which he is entitled in his turn to the plaintiff's answer \nupon oath, and may from thence proceed to proofs as well \nas his antagonist.\" 3 William Blackstone, Commentaries on \nthe Laws ofEngland 100 (1768). \ndisjunctive allegation. (1814) A statement in a pleading \nor indictment that expresses something in the alter\nnative, usu. with the conjunction \"or\" <a charge that \nthe defendant murdered or caused to be murdered is \na disjunctive allegation>. [Cases: Federal Civil Pro\ncedure (;:=:>675; Indictment and Information \nPleading (;:=:>20, 53.] \nmaterial allegation. (18c) In a pleading, an assertion \nthat is essential to the claim, charge, or defense <a \nmaterial allegation in a battery case is harmful or \noffensive contact with a person>. \nprimary allegation. (1847) 1. The principal charge \nmade against an adversary in a legal proceeding. \n2. Eccles. law. The opening pleading in an action in \necclesiastical court. -Also termed primary plea. Cf. \ndefensive allegation. 3. Eccles. law. The entire state\nment offacts to be used in a contested suit. \nallegation of faculties. Family law. Archaic. A state\nment detailing a husband's or wife's property, made \nby a spouse who seeks alimony. See FACULTIES. \nallegation of use. See amendment to allege use under \nTRADEMARK APPLICATION AMENDMENT. \nallegations-of-the-complaint rule. See EIGHT-CORNERS \nRULE. \nallegatum (al-\"-gay-t,,m), n. [Latin] A fact alleged in a \npleading; ALLEGATION. PL allegata. Cf. PROBATUM. \nalleged (,,-lejd), adj. (15c) 1. Asserted to be true as \ndes"}
{"text": "UM. \nalleged (,,-lejd), adj. (15c) 1. Asserted to be true as \ndescribed <alleged offenses>. 2. Accused but not yet \ntried <alleged murderer>. \nallegiance. 1. A citizen's or subject's obligation offidelity \nand obedience to the government or sovereign in return \nfor the benefits of the protection of the state. Alle\ngiance may be either an absolute and permanent obli\ngation or a qualified and temporary one. \nacquired allegiance. The allegiance owed by a natural\nized citizen or subject. \nactual allegiance. The obedience owed by one who \nresides temporarily in a foreign country to that \ncountry's government . Foreign sovereigns, their \nrepresentatives, and military personnel are typically \nexcepted from this requirement. -Also termed local \nallegiance. natural allegiance. The allegiance that native-born \ncitizens or subjects owe to their nation. \npermanent allegiance. The lasting allegiance owed to \na state by its citizens or subjects. \ntemporary allegiance. The impermanent allegiance \nowed to a state by a resident alien during the period \nof residence. \n2. Hist. A vassal's obligation to the liege lord. See \nLIEGE. \nall-elements rule. Patents. The principle that under the \ndoctrine ofequivalents, there can be no patent infringe\nment ifeven one element ofa claim or its eqUivalent is \nnot present in the accused device . This rule acts to \nlimit the doctrine of eqUivalents and prevent the doc\ntrine's application to an entire claim, rather than the \nclaim's constituent elements. Also termed all-limi\ntations rule; rule against vitiation ofa claim element. \nCf. ALL-STEPS RULE, INHERENCY DOCTRINE. [Cases: \nPatents (;:=:>226.6.] \nAllen charge. (1940) Criminal procedure. A supplemen\ntal jury instruction given by the court to encourage a \ndeadlocked jury, after prolonged deliberations, to reach \na verdict. Allen v. United States, 164 U.S. 492, 17 S.Ct. \n154 (1896). -Also termed dynamite charge; dynamite \ninstruction; nitroglycerine charge; shotgun instruction; \nthird-degree instruction. [Cases: Criminal Law \n865(1.5).] \naller a Dieu (a-lay\" dyuu or dyoo). [Law French] To \ngo to God . This phrase prays for the case to be dis\nmissed from court. Sometimes spelled aler aDieu. \nCf. ADIEU. \naller sans jour (a-lay san zhoor). [Law French] To go \nwithout day . This phrase prays for a final dismissal \nof a case. Also spelled aler sans jour. See GO HENCE \nWITHOUT DAY; ADEU. \nall-estate clause. See ALL-THE-ESTATE CLAUSE. \nall-events test. (1954) Tax. A requirement that all \nevents fixing an accrual-method taxpayer's right to \nreceive income or incur expense must occur before \nthe taxpayer can report an item ofincome or expense. \n[Cases: Internal Revenue (;:=:>3373.] \nalleviare (,,-lee-vee-air-ee), vb. [Law Latin] To levy or \npay a fine or composition. \nall faults, with. See AS IS. \nall fours. See ON ALL FOURS. \nall-holders rule. Securities. 1. An SEC rule that prohibits \na public offering by the issuer of shares to some, but \nnot all, ofthe holders of a class of shares. 2. An SEC \nrule requiring a tender offeror to make its offer to all \nthe target company's shareholders. [Cases: Securities \nRegulation (;:=:>52.30-52.50.] \nalliance. 1. A bond or union between persons, families, \nstates, or other parties. Cf. STRATEGIC ALLIANCE. 2. \nInt'llaw. A union or association of two or more states \nor nations, usu. formed by league or treaty, esp. for \njointly waging war or mutually protecting against and \n\n88 allied offense \nrepelling hostile attacks . An example is the North \nAtlantic Treaty Organization (NATO). Cf. DETENTE; \nENTENTE. \nallied offense. See OFFENSE (1). \nall-inclusive mortgage. See wraparound mortgage under \nMORTGAGE. \nallision (;J-lizh-.;m), n. Maritime law. The contact of a \nvessel with a stationary object such as an anchored \nvessel or a pier . In modern practice, \"collision\" is \noften used where \"allision\" was once the preferred \nterm. Cf. COLLISION. [Cases: Shipping C:=>81.] allide \n(;J-hd), vb. \nall-limitations rule. See ALL-ELEMENTS RULE. \nallocable (al-;J-k;J-b;Jl), adj. Capable ofbeing allocated. \nallocation, n. (16c) A designation or apportionment for \na specific purpose; esp., the crediting ofa receipt or the \ncharging of a disbursement to an account <allocation \noffunds>. allocate, vb. -allocable, adj. alloca\ntor, n. \nallocatione facienda (al-;J-kay-shee-oh-nee fay-shee\nend;J), n. See DE ALI.OCATIONE FACIENDA. \nallocatur (al-;J-kay-t;Jr). [Law Latin] It is allowed . \nThis word formerly indicated that a writ, bill, or other \npleading was allowed. It is still used today in Pennsyl\nvania to denote permission to appeal. -Also termed \nallogatur. \nspecial allocatur. An allowance ofa writ (such as a writ \nof error) that is legally required in certain cases. \nallocute (al-;J-kyoot), vb. To deliver an allocution in \ncourt. \nallocution (al-<lkyoo-sh;Jn), n. Criminal procedure. 1. A \ntrial judge's formal address to a convicted defendant, \nasking him or her to speak in mitigation ofthe sentence \nto be imposed . This address is required under Fed. R. \nCrim. P. 32(c)(3)(C). 2. An unsworn statement from a \nconvicted defendant to the sentencing judge or jury in \nwhich the defendant can ask for mercy, explain his or \nher conduct, apologize for the crime, or say anything \nelse in an effort to lessen the impending sentence. \nThis statement is not subject to cross-examination. \n[Cases: Sentencing and Punishment V-~J_'J'I \nvictim allocution. A crime victim's address to the court \nbefore sentencing, usu. urging a harsher punishment. \n[Cases: Sentencing and Punishment C:=>361.] \nallocutory (;)-lok-y;J-tor-ee), adj. Of or relating to an \nallocution <allocutory pleas for mercy>. \nallocutus. See ARREST OF JUDGMENT. \nallod (al-;Jd), n. Hist. The domain ofa household. \nallodial (<l-loh-dee-;J!), adj. (17c) Held in absolute owner\nship; pertaining to an allodium. -Also spelled alodial. \nCf. FEUDAL. allodially, adv. \n'The term -alodial' originally had no necessary reference \nto the mode in which the ownership of land had been con \nferred; it simply meant land held in absolute ownership, \nnot in dependence upon any other body or person in whom \nthe proprietary rights were supposed to reside, or to whom \nthe possessor of land was bound to render service. It would thus properly apply to the land which in the original settle \nment had been allotted to individuals, while bookland was \nprimarily applicable to land the title to which rested on \na formal grant. Before long, however, the words appear \nto have been used synonymously to express land held in \nabsolute ownership, the subject of free disposition inter \nvivos or by will.\" Kenelm E. Digby, An Introduction to the \nHistory of the Law ofReal Property 11-12 (5th ed. 1897). \nallodium (;)-loh-dee-<lm), n. (17c) An estate held in \nfee simple absolute. -Also spelled alodium. Also \ntermed alod; alode. [Cases: Estates in PropertyC:=>5.] \n\"In this country. one who has full ownership of land is said \nto own it allodially that is, free of feudal services and \nincidents.\" Thomas F. Bergin & Paul G. Haskell, Preface to \nEstates in Land and Future Inteyests 18 (2d ed. 1984). \nallogatur. See ALLOCATUR. \nallograph (al-;)-graf). (1954) An agent's writing or sig\nnature for the principal.  This is the antonym ofauto\ngraph. [Cases: Principal and Agent C:=> 132(1).] \nallonge (a-Iawnzh). (1859) A slip of paper sometimes \nattached to a negotiable instrument for the purpose \nof receiving further indorsements when the original \npaper is filled with indorsements . Former UCC \n 3-202 required that indorsements be made on the \ninstrument unless there was no space -and only then \ncould an allonge be used. Current 3-3-204(a) eliminates \nthat requirement and provides that \"a paper affixed to \nthe instrument is part of the instrument.\" The UCC \ncomment makes it clear that the allonge is valid even \nifspace is available on the instrument. [Cases: Bills and \nNotes C:=> 183.) \nall-or-none offering. See OFFERING. \nall-or-none order. See ORDER (8). \nall-or-nothing rule. (1954) A gloss on the rule against \nperpetuities holding that a class gift is invalid in its \nentirety if it is invalid in part.  The effect is to invali\ndate a class member'S interest even ifit vests within the \nperiod of the rule because it may be subject to partial \ndivestment by the remote interest of another class \nmember. \nallotment, n. (16c) 1. A share or portion of something, \nsuch as property previously held in common or shares \nin a corporation, or time assigned to speakers or sides \nin a deliberative assembly. [Cases: Common Lands \n14.]2. In American Indian law, the selection ofspecific \nland awarded to an individual allottee from a com man \nholding. [Cases: Indians C:=> 161.] allot, vb. \nallotment certificate. Securities. A document that records \nthe essential elements ofa subscription ofshares, such \nas how many shares are to be purchased, the price to be \npaid, and the payment and delivery schedule. \nallotment note. English law. A seaman's written assign \nment ofa portion ofhis wages to a wife, parent, grand\nparent, or sibling. These notes are governed by the \nMerchant Shipping Act of 1970,  13(1). \nallotment system. English law. The practice of dividing \nland into small portions for cultivation by agricultural \nlaborers and others. \n\n89 allurement \nallottee. One to whom an allotment is made; a recipient \nof an allotment. \nallowable state. Patents. Ofa patent claim, the condition \nof containing patentable subject matter in an accept\nable form. \nallowance. (l4c) 1. A share or portion, esp. of money that \nis assigned or granted. \nallowance pendente lite. See temporary alimony under \nALIMONY. \nbackhaul allowance. A price discount given to custom\ners who get their goods from a seller's warehouse as a \nreflection ofthe seller's freight-cost savings. \nfamily allowance. (1869) A portion ofa decedent's estate \nset aside by statute for a surviving spouse, children, or \nparents, regardless of any testamentary disposition or \ncompeting claims . Every state has a statute autho\nrizing the probate court to award an amount for the \ntemporary maintenance and support ofthe surviving \nspouse (and often for dependent children). The allow\nance may be limited for a fixed period (18 months \nunder the Uniform Probate Code) or may continue \nuntil all contests are resolved and a decree of distri\nbution is entered. This support, together with probate \nhomesteads and personal-property allowances, is in \naddition to whatever interests pass by the will or by \nintestate succession. See probate homestead under \nHOMESTEAD. Cf. spousal allowance. [Cases: Execu\ntors and Administrators (;::J 173-201.] \ngratuitous allowance. A pension voluntarily granted \nby a public entity . The gratuitous (rather than con\ntractual) nature of this type of allowance gives the \npensioner no vested rights in the allowance. [Cases: \nOfficers and Public Employees (;::J 101.5(1).] \nspousal allowance. (1985) A portion of a decedent's \nestate set aside by statute for a surviving spouse, \nregardless of any testamentary disposition or com\npeting claims. This allowance is superior to the \nclaims of general creditors. In some states, it is even \npreferred to the expenses ofadministration, funeral, \nand last illness ofthe spouse. Also termed widow's \nallowance: widower's allowance. See probate home\nstead under HOMESTEAD. Cf.Jamily allowance. [Cases: \nExecutors and Administrators (;::J 173-201.] \nwidower's allowance. See spousal allowance. \nwidow'S allowance. See spousal allowance. \n2. The sum awarded by a court to a fiduciary as payment \nfor services. 3. A deduction. \ndepletion allowance. A tax deduction for the owners of \noil, gas, mineral, or timber resources corresponding \nto the reduced value of the property resulting from \nthe removal of the resource. [Cases: Internal Revenue \n(;::J3490, 3501, 3504.J \n4. Archaic. A special sum that a court awards to the \nprevailing party in addition to the usual costs ofcourt, \nesp. in a difficult case. -Also termed extra allowance; \nspecial allowance. 5. Patents. The U.S. Patent and Trade\nmark Office's decision to issue a patent to an applicant: specif., the patent examiner'S approval of at least one \nof an application's claims . Once a Notice of Allow\nance is sent, the inventor must"}
{"text": "iner'S approval of at least one \nof an application's claims . Once a Notice of Allow\nance is sent, the inventor must pay an issue fee before \nthe PTO issues the patent. [Cases: Patents 107.] 6. \nTrademarks. The U.S. Patent and Trademark Office's \ndecision to approve a trademark for which the applica\ntion was made under  l(b) of the Lanham Act.  If a \ntrademark application made under  l(b) is approved \nby the PTO, the Office publishes the mark and -unless \nit is successfully opposed -issues a certificate of reg\nistration and publishes notice ofthe registration in the \nOfficial Gazette. [Cases: Trademarks (;::J 1287.] \nallowed application. See PATENT APPLICATION. \nallow the appeal. See REVERSE. \nalloynour (d-loy-ndr). [Law French] Hist. One who \nconceals, steals, or furtively carries off something. \nall-purpose public figure. See PUBLIC FIGURE. \nall rights reserved. Copyright. A phrase required as part \nof a valid copyright notice under the Buenos Aires \nConvention . Because other international copyright \ntreaties do not require the phrase, and all signatories \nto the Buenos Aires Convention are parties to other \ntreaties, the phrase is now surplusage. [Cases: Copy\nrights and Intellectual Property (;::J50.1(2).j \nall-risk insurance. See INSURANCE. \nall-steps rule. Patents. The doctrine that in order for a \nmethod or process claim to be literally infringed by an \naccused process, the accused process must have every \nstep and limitation-or an equivalent-of the infringed \nclaim. Cf. ALL-ELEMENTS RULE. [Cases: Patents (;::J \n229.] \nall substantial rights. Patents. Every right in a patent \n(whether or not held by the grantor) that is of value \nwhen the patent rights or an undivided interest in a \npatent is transferred . A transfer is not a transfer of \nall substantial rights to a patent if: (1) it is territorially \nrestricted; (2) its term is less than the patent term; (3) \nit contains field-of-use limitations; or (4) it does not \nconvey rights to all claims in the patent. [Cases: Patents \n(;::J202(1).] \nall-the-estate clause. English law. The provision in a con\nveyance transferring \"all the estate, right, title, interest, \nclaims, and demand\" of the grantor in the property \nconveyed. Also termed all-estate clause. \n\"It was also usual before 1882 to add what was called an \n'all estate clause' with the object of ensuring that the entire \ninterest of the grantor should be transferred. This was as \na matter of fact quite ineffective to transfer anything that \nwould not pass automatically, and it is now omitted in \nreliance on the enactment that, unless a contrary inten\ntion is expressed, every conveyance is effectual to pass all \nthe estate, right, title, interest, claim, and demand which \nthe conveying parties respectively have in, to, or on the \nproperty.\" C.c. Cheshire, Modem Law of Real Property \n679-80 (3d ed. 1933). \nallurement. (1873) Torts. An attractive object that tempts \na trespassing child to meddle when the child ought to \nabstain. See ATTRACTIVE-NUISANCE DOCTRINE. Cf. \n\n90 alluvial mining \nattractive nuisance under NUISANCE. [Cases: Negli\ngence (>1l72-1178.] \nalluvial mining. (1894) The practice of removing sand \nand gravel from a riverbed. \nalluvio maris (a-Ioo-vee-oh mar-is). [Latin \"alluvion of \nthe sea\"] The formation ofsoil or land from the sea. \nalluvion (a-Ioo-vee-an). [fro Latin alluvio \"flood\"] (16c) \nRoman & civil law. 1. Strictly, the flow or wash ofwater \nagainst a shore or riverbank. 2. An accumulation of \nsoil, clay, or other material deposited by water; esp., \nin land law, an addition ofland caused by the buildup \nof deposits from running water, the added land then \nbelonging to the owner of the property to which it is \nadded. -Also termed alluvium. 3. Louisiana law. An \naccumulation ofsoil, clay, or other material deposited \non the bank of a river . In Louisiana, lands formed \non a seashore or the bank of a navigable lake are not \nalluvion. They belong to the state rather than the \nriparian owners. Cf. ACCRETION (1); AVULSION (2); \nDELICTION; EROSION. [Cases: Waters and Water Courses \n(>92,93.] -alluvial, adj. -alluviate, vb. -alluvia\ntion, n. \nalluvium. See ALLUVION (2). \nAll Writs Act. A federal statute that gives the U.S. \nSupreme Court and all courts established by Congress \nthe power to issue writs in aid oftheir jurisdiction and \nin conformity with the usages and principles oflaw. 28 \nUSCA  1651(a). [Cases: Federal Courts (>10.1.] \nally. Int'llaw. 1. A nation tied to another by treaty or \nalliance. 2. A citizen or subject ofan allied nation. \nalmaria (al-mair-ee-a). [Latin \"cupboard, bookcase\"] \nThe archives of a church or library. -Also termed \narmaria. \nalmoign (al-moyn). [Law French \"alms\"] 1. Alms; \na church treasury; an ecclesiastical possession. 2. \nFRANKALMOIN. \nalmoin. See FRANKALMOIN. \nalmoner (al-ma-nar). A person charged with distribut\ning the alms of a monarch, religious house, or other \ninstitution. This office was first instituted in religious \nhouses and although formerly one of importance is now \nalmost a sinecure. \nalms (ahmz or ahlmz). Charitable donations; any type \nof relief bestowed on the poor. \nalms fee. Hist. A fee held by frankalmoin. See FRANKA\nLMOIN. \nalmshouse. Archaic. A dwelling for the publicly or pri\nvately supported poor ofa city or county. \nalms land. Hist. Land held in frankalmoin. See FRANKA\nLMOIN. \nalnager (al-na-jar). [Law Latin] Hist. A royal official \nresponsible for collecting taxes (the alnage) on woolen \ncloth. The tax was abolished in 1699. \nalod. See ALLODIUM. \nalode. See ALLODIUM. alodium. See ALLODIUM. \na lour foy (ah loor fwah). [Law French \"in their faith\"] \nIn their allegiance. \nalpha subclass. Patents. In U.S. patent law, a patent clas\nsification that has an alphabetic suffix. \nalpha testing. Intellectual property. The first phase of \noperational experimenting with a software program \nbefore the program's production release, usu. at the \ndeveloper's site . Often, alpha testing involves only \nmodular or component testing and not system testing. \nAlpha testing is usu. followed by beta testing, in which \nthe entire system is tested at a customer's site before \nthe product is released to the general public. Cf. BETA \nTESTING. \nALTA. abbr. American Land Title Association. \nalta proditio (al-ta proh-dish-ee-oh). [Law Latin] See \nTREASON. \naltarage (awl-tar-ij). Eccles. law. 1. The offerings made \nupon an altar or to a church. 2. An endowment or hon\norarium received by a priest for services performed at \nthe altar. \nalta via (al-ta VI-a). [Law Latin] A highway. \nalteration. 1. Property. A substantial change to real \nestate, esp. to a structure, usu. not involving an addition \nto or removal of the exterior dimensions of a build\ning's structural parts . Although any addition to or \nimprovement of real estate is by its very nature an \nalteration, real-estate lawyers habitually use alteration \nin reference to a lesser change. Still, to constitute an \nalteration, the change must be substantial- not simply \na trifling modification. \nstructural alteration. (1905) A Significant change to \na building or other structure, essentially creating a \ndifferent building or structure. \n2. An act done to an instrument, after its execution, \nwhereby its meaning or language is changed; esp., the \nchanging ofa term in a negotiable instrument without \nthe consent of all parties to it.  Material alterations \nvoid an instrument, but immaterial ones do not. An \nalteration is material if it (1) changes the burden of a \nparty (as by changing the date, time, place, amount, \nor rate of interest), (2) changes the liabilities or duties \nof any party (as by adding or removing the name of \na maker, drawer, indorser, payee, or cosurety), or (3) \nchanges the operation of the instrument or its effect in \nevidence (as by adding words or negotiability, changing \nthe form of an indorsement, or changing the liability \nfrom joint to several). [Cases: Alteration ofInstruments \n(>1-30.] \n\"With respect to written instruments, 'alteration' gener\nally means a change in an instrument's sense of language \ncaused by a party to the instrument, and does not include \nsuch changes by non-parties or 'strangers' to the instru\nment. Although the distinction is not always observed, \ntechnically an alteration by a non-party or stranger to \nthe instrument is a 'spoliation,' not an alteration, which \ndoes not invalidate it or change the rights or liabilities \nof the parties in interest, so long as the original writing \n\n91 \nremains legible.\" 4 Am. Jur. 2d Alteration of Instruments \n 1 (1995). \nmaterial alteration. (l7c) 1. A significant change in \nsomething; esp., a change in a legal instrument suffi\ncient to alter the instrument's legal meaning or effect. \n[Cases: Alteration ofInstruments C=>1.] 2. An unau\nthorized change in an instrument or an addition to an \nincomplete instrument resulting in the modification \nofa party's obligations. UCC  3-407. lCases: Altera\ntion ofInstruments C=>1-30.] \naltercation. A vehement dispute; a noisy argument. \n\"altercation. The traditional view is that this word refers \nto 'a noisy brawl or dispute,' not rising to the seriousness \nof physical violence .... But in AmE, the word now often \ndenotes some type of scuffling or fighting, especially in \npolice jargon.\" Bryan A. Garner, A Dictionary of Modern \nAmerican Usage 34 (1998). \nalter ego. (1879) A corporation used by an individual \nin conducting personal business, the result being \nthat a court may impose liability on the individual by \npiercing the corporate veil when fraud has been perpe\ntrated on someone dealing with the corporation. See \nPIERCING THE CORPORATE VEIL. [Cases: Corporations \nC=> 1.4(4).J \nalter-ego rule. (1939) 1. Corporations. The doctrine that \nshareholders will be treated as the owners of a cor\nporation's property, or as the real parties in interest, \nwhenever it is necessary to do so to prevent fraud or to \ndo justice. [Cases: Corporations C=>1.4(4).]2. Criminal \nlaw. The principle that one who defends another against \nattack stands in the position of that other person and \ncan use only the amount offorce that the other person \ncould use under the circumstances. [Cases: Assault and \nBattery Homicide C=>757.] \naltering or amending a judgment. A trial court's act of \ncorrecting a substantive mistake in a judgment, as by \ncorrecting a manifest error of law or fact. Fed. R. Civ. \nP. 59(e). [Cases: Federal Civil ProcedureC=>2641-2662; \n. Judgment \nalternat (awl-tC)r-nit or al-ter-nah). [French] The rotation \nin precedence among states, diplomats, etc., esp. in the \nsigning of treaties. -This practice gives each diplomat a \ncopy ofthe treaty with the diplomat'S Signature appear\ning first. \nalternate. Parliamentary law. A proxy for a delegate, usu. \nchosen in the same manner as the delegate rather than \nchosen by the delegate. See DELEGATE (2); PROXY (1). \nalternate legacy. See LEGACY. \nalternate valuation date. Tax. The date six months after \na decedent's death. -Generally, the estate can elect to \nappraise the decedent's property either as of the date \nof the decedent's death or as ofthe alternate valuation \ndate. See BASIS. [Cases; Internal Revenue C=>4184.20; \nTaxation \nalternatim (al-tC)r-nay-tim or awl-), adv. [Latin] Inter\nchangeably; by turns. \nAlternative Agricultural Research and Commercializa\ntion Corporation. A federally chartered corporation alternative promise \nin the U.S. Department of Agriculture responsible \nfor funding the development and marketing of new \nnonfood products made from farm and forestry mate\nrials. Abbr. AARCC. \nalternative constituency. See NONSHAREHOLDER CON\nSTITUENCY. \nalternative contract. See CONTRACT. \nalternative devise. See DEVISE. \nalternative dispute resolution. (1978) A procedure for \nsettling a dispute by means other than litigation, such \nas arbitration or mediation. -Abbr. ADR. Also \ntermed dispute resolution. See ARBITRATION; MEDIA\nTION. [Cases: Alternative Dispute Resolution \n441,500.] \n\"ADR can be defined as encompassing all legally permitted \nprocesses ofdispute resolution other than litigation. While \nthis definition (or something like it) is widely used, ADR \nproponents may object to it on the ground that it privi\nleges litigation by giving the impression that litigation is \nthe normal or standard process ofdispute resolution, while \nalternative processes are aberrant or deviant. That impres\nsion is false. litigation is a relatively rarely used process \nof dispute resolution. Alternative processes, especially \nnegotiation, are used far more frequently. Even disputes \ninvolving lawyers are resolved by negotiation far more \noften than litigation"}
{"text": "used far more frequently. Even disputes \ninvolving lawyers are resolved by negotiation far more \noften than litigation. So ADR is not defined as everything\nbutlitigation because litigation is the norm. Litigation is \nnot the norm. ADR is defined as everything-butlitigation \nbecause litigation, as a matter of law, is the default process \nof dispute resolution.\" Stephen J. Ware, Alternative Dispute \nResolution  1.5, at 5-6 (2001). \nalternative expression. Patents. In a patent claim, a \nrecitation of two or more elements or limitations \nthat perform the same function <iron, steel, or other \nmagnetic material> . Although once contrary to U.S. \nPatent and Trademark Office policy, alternative expres\nsions are now permitted ifthey present no uncertainty \nor ambiguity about the scope or clarity of the claims. \nAlso termed alternative language. [Cases: Patents \n101(5).] \nalternative judgment. See JUDGMENT. \nalternative liability. See LIABILITY. \nalternative mandamns. See MANDAMUS. \nalternative-means doctrine. (1968) Criminal law. The \nprinciple that when a crime may be committed in \nmore than one way, the jury must be unanimous on \nthe defendant's guilt but need not be unanimous on the \npossible different methods of committing the crime, as \nlong as each possible method is supported by substan\ntial evidence. [Cases: Criminal Law C=>872.5.] \nalternative-methods-of-performance contract. See \nalternative contract under CONTRACT. \nalternative minimum tax. See TAX. \nalternativeness rejection. See REJECTION. \nalternative obligation. See OBLIGATION. \nalternative order. 1. ORDER (2). 2. ORDER (8). \nalternative pleading. See PLEADING (2). \nalternative promise. See PROMISE. \n\n92 alternative relief \nalternative relief. See RELIEF. \nalternative remainder. See REMAINDER. \nalternative sentence. See SENTENCE. \nalternative writ. See WRIT. \naltern is vicibus (al-t3r-nis vis-i-b ..s). [Law Latin] Hist. \nEccles. law. By turn; alternately. _ The patrons of two \nunited churches could exercise their right ofpresenta\ntion to a benefice alternis vicibus. \nalterum non laedere (al-t3r-3m [orawl-] non lee-d3-ree). \n[Latin \"not to injure another\"] Roman & civil law. To \nhurt no one by word or deed. _ This was one of the \nthree ge~eral precepts in which Justinian expressed the \nrequirements ofthe law (Digest 1.1.10.1; Institutes 1.1.3). \nCf. HONESTE VIVERE; SUUM CUIQUE TRIBUERE. \nalteruter (al-t3r-yoo-t3r or awl-). [Law Latin] One oftwo; \neither. \naltius non tollendi (al-shee-3s non t3-1en-dr). [Latin \"of \nnot raising higher\"] Roman & civil law. A servitude \nprohibiting a landowner from building a house above \na certain height. \naltius tollendi (al-shee-3s t .. -Ien-dI). [Latin \"of raising \nhigher\"] Roman & civil law. A servitude that allows a \nlandowner to build a house as high as desired. \nalto et basso. See DE ALTO ET BASSO. \naltum mare (al-t3m mair-ee or mahr-ee), n. [Law Latin] \nHist. The high seas; the deep seas. \na lui et a ses heritiers pour toujours (a lwee ay a sayz \ne-ree-tyay poor too-zhoor). [Law French] To him and \nhis heirs forever. See and his heirs under HEIR. \nalvei mutatio (al-vee-I myoo-tay-shee-oh). [Latin fro \nalveus \"the bed or channel ofa stream\") Hist. A change \nin a stream's course. \nalveus (al-vee-3s), n. [Law Latin] Hist. The bed or channel \nthrough which a stream flows in its ordinary course. \n[Cases: Waters and Water Courses (;::>89.] \nalways-speaking statute. See speaking statute under \nSTATUTE. \nALWD (ahl-w3d or al-w..d). abbr. See ASSOCIATION OF \nLEGAL WRITING DIRECTORS. \nALWD Citation Manual. A gUide to American legal \ncitation written and edited by legal-wri profes\nsionals affiliated with the Association ofL Writing \nDirectors. -First published in 2000 as an alternative \nto the Bluebook, it contains one citation system for all \nlegal documents and does not distinguish between \ncitations in law-journal footnotes and those in other \nwritings. The full name is the ALWD Citation Manual: \nA Professional System ofCitation. Often shortened \nto ALWD Manual. Cf. BLUEBOOK. \na.m. abbr. ANTE MERIDIEM. \nAMA. abbr. (1911) 1. American Medical Association. 2. \nAgainst medical advice. \na ma intent (ah mah an-tawn). [Law French) On my \naction. amalgamation (3-mal-g3-may-sh3n), n. (17c) The act of \ncombining or uniting; consolidation <amalgamation of \ntwo small companies to form a new corporation>. See \nMERGER (1). [Cases: Corporations (;::>581.] -amal\ngamate, vb. -amalgamator, n. \nAmalphitan Code (3-mal-f..-t3n). Hist. A compilation \nof maritime law made late in the 11th century at the \nport of Amalfi near Naples. _ The Code was regarded \nas a primary source of maritime law throughout the \nMediterranean to the end ofthe 16th century. -Also \ntermed Amalphitan Table; Laws ofAmalfi; Tablets of \nAmalfi \na manibus (ay man-3-b3s), n. [Law Latin] Hist. A royal \nscribe. \namanuensis (<l-man-yoo-en-sis), n. [fro Latin ab-\"from\" \n+ manus \"hand\"] 1. One who takes dictation; a scribe or \nsecretary. 2. An assistant, esp. one with scribal respon\nsibilities. 3. A protege. See PROTEGJ:! (1). \na manu servus (ay man-yoo S;)r-v3s). [Latin] A handser\nvant; scribe; secretary. \nambactus (am-bak-t ..s). [Latin] Hist. 1. A messenger. 2. \nA servant whose services are hired out by the master. \nambasciator (am-bash-ee-ay-t ..r). [Law Latin] Hist. A \nperson sent about in the service ofanother; an ambas\nsador. \nambassador. 1. A diplomatic officer ofthe highest rank, \nusu. designated by a government as its resident repre\nsentative in a foreign state. -Ambassadors represent \nthe sovereign as well as the nation and enjoy many priv\nileges while abroad in their official capacity, including \nimmunity. Ambassadors are distinguished from min\nisters and envoys, who represent only the state where \nthey are from and not the sovereign. Ambassadors are \nalso generally distinguished from certain legates who \nhave only ecclesiastical authority. But the papal nuncio \nand some legates, such as the legate a latere, bear the \nrank of ambassador. See NUNCIO; LEGATE. [Cases: \nAmbassadors and Consuls (;::> 1-8.] 2. A representative \nappointed by another. 3. An unofficial or nonappointed \nrepresentative. Also spelled (archaically) embassa\ndor. -ambassadorial, adj. ambassadorship, n. \nambassador extraordinary. An ambassador who is \nemployed for a particular purpose or occasion and \nhas limited discretionary powers. Cf. ambassador \nplenipotentiary. \nambassador leger. See resident ambassador. \nambassador ordinary. See resident ambassador. \nambassador plenipotentiary. An ambassador who has \nunlimited discretionary powers to act as a sovereign's \nor government's deputy, esp. to carry out a particu\nlar task, such as treaty negotiations. -Also termed \nminister plenipotentiary; envoy plenipotentiary. Cf. \nambassador extraordinary. \nordinary ambassador. See resident ambassador. \nresident ambassador. An ambassador who resides in \na foreign country as the permanent representative of \na sovereign or nation. _ A resident ambassador has \n\n93 \nthe right to request a personal interview with the host \nnation's head of state. Also termed ambassador \nleger; ordinary ambassador; ambassador ordinary. \n[Cases: Ambassadors and Consuls C=>3.] \nAMBER. abbr. See AMBER ALERT. \nAmber Alert. A system by which the police can rapidly \nbroadcast to the general public a report of a missing \nor endangered child by means of radio and televi\nsion announcements. _ The alert is named for Amber \nHagerman ofTexas, a nine-year-old who was abducted \nand murdered in 1996 by an unknown person. The \nsystem has been adopted by many communities in the \nU.S. and Canada. Local variations exist. In Arkansas, \nfor example, the system is called the Morgan Nick Alert \nafter a child who was abducted by a stranger in 1995. \nWhen the first word is in all capital letters, AMBER is \nan acronym meaning America's Missing: Broadcast \nEmergency Response. Also termed Amber Plan. See \nAMBER'S LAW. Cf. CODE ADAM. \nAmber Hagerman Act. See AMBER'S LAW. \nAmber's law. A federal law that requires, among other \nthings, life in prison without parole for two-time sex \noffenders whose victims are children, and reports to \nCongress about judges whose sentences fall below \nfederal guidelines. _ The law was named for Amber \nHagerman of Texas, a nine-year-old girl who was \nabducted and murdered by an unknown person in \n1996. -Also termed Amber Hagerman Act. See \nAMBER ALERT. [Cases: Sentencing and Punishment \nC=>1236.] \nA.M. Best Company. An investment-analysis and \n-advisory service. _ A.M. Best rates the financial \nstrength of businesses from A++ (strongest) to A+, A, \nA-, B++, and so on to C-and D. A grade of E means \nthat the company is under state supervision, and an F \nindicates that the company is in liquidation. \nambidexter. 1. A judge or embracer who takes bribes \nfrom both sides in a dispute. 2. A lawyer who abandons \nthe party that he or she initially represented in a dispute \nto represent the opposing party in the same suit. 3. A \nperson who engages in double-dealing. \n\"Ambidexter is he that, when a matter is in suit between \nmen, takes money of the one side and of the other, either \nto labour the suit, or such like; or if he be of the jury, to \ngive his verdict.\" William Rastell, Termes de /a Ley 28 (lst. \nAm. ed. 1812). \nambiguitas latens (am-bi-gyoo-a-tas lay-tenz). See latent \nambiguity under AMBIGUITY. \nambiguitas latens et ambiguitas patens (am-bi-gyoo-a\ntas lay-tenz et am-bi-gyoo-a-tas pay-tenz). [Latin] Hist. \nLatent and patent ambiguity. See latent ambiguity and \npatent ambigUity under AMBIGUITY. \nambiguitas patens (am-bi-gyoo-a-tas pay-tenz). See \npatent ambiguity under AMBIGUITY. \nambiguity (am-bi-gyoo-a-tee), n. (15c) An uncertainty \nof meaning or intention, as in a contractual term or \nstatutory provision. Cf. MEANING. [Cases: Contracts ambiguity \nC=> 143(2); Statutes (;::::> 190.] ambiguous (am-big\nyoo-as), adj. \n\"In the context of statutory interpretation the word most \nfrequently used to indicate the doubt which ajudge must \nentertain before he can search for and, if possible, apply \na secondary meaning is 'ambiguity'. In ordinary language \nthis term is often confined to situations in which the same \nword is capable of meaning two different things, but, in \nrelation to statutory interpretation, judicial usage sanc \ntions the application of the word 'ambigUity' to describe \nany kind of doubtful meaning of words, phrases or longer \nstatutory proviSions. Hinchy's case prompted the sugges\ntion that if, in a particular context, words convey to differ\nentjudges a different range of meanings 'derived from, not \nfanciful speculations or mistakes about linguistic usage, \nbut from true knowledge about the use of words, they \nare ambiguous.'\" Rupert Cross, Statutory Interpretation \n76-77 (1976). \nambiguity on the factum. An ambigUity relating to \nthe foundation of an instrument, such as a question \nrelating to whether a testator intended for a particular \nclause to be part of an agreement, whether a codicil \nwas intended to republish a former will, or whether \nthe residuary clause was accidentally omitted. \ncalculated ambiguity. A purposeful use of unclear \nlanguage, usu. when two negotiating parties cannot \nagree on clear, precise language and therefore leave a \ndecision-maker to sort out the meaning in case of a \ndispute. -Strictly speaking, this is a misnomer: the \nmore precise term is vagueness, not ambiguity. See \nVAGUENESS (1). \nextrinsic ambiguity. See latent ambiguity. \nintrinsic ambiguity. See patent ambiguity. \nlatent ambiguity. (lSc) An ambiguity that does not \nreadily appear in the language of a document, but \ninstead arises from a collateral matter when the docu\nment's terms are applied or executed <the contract \ncontained a latent ambiguity: the shipping terms \nstated that the goods would arrive on the Peerless, but \ntwo ships have that name>. Also termed extrinsic \nambiguity; equivocation; ambiguitas latens. [Cases; \nContracts C=>143(2); Evidence C=>452.] \n\"Instead of this word 'equivocation,' the phrase 'latent \nambiguity' is sometimes used by courts, 'latent' \nbecause it does not develop until we seek to apply it and \nthen discover the equivocation"}
{"text": "is sometimes used by courts, 'latent' \nbecause it does not develop until we seek to apply it and \nthen discover the equivocation. This phrase was invented \nby Lord Bacon, in one of his maxims, and it long held \nsway; but it has only served to confuse discussion, and \nhis other word for the same thing, 'equivocation,' is more \nsuitable, and has come into general use since Professor \nThayer's masterly analysis of the subject some fifty years \nago: John H. Wigmore, A Students' Textbook of the Law \nofEvidence 529 (1935). ~In fact, the usual term today is \nlatent ambiguity. ~Eds. \npatent ambiguity (pay-tant). (ISc) An ambigUity that \ndearly appears on the face of a document, arising \nfrom the language itself <the nonperformance was \nexcused because the two different prices expressed \nin the contract created a patent ambiguity>. Also \ntermed intrinsic ambiguity; ambiguitas patens. [Cases: \nContracts C=> 143(2); Evidence C=>45Lj \n\"[Llatent ambiguity ... must be carefully distinguished \nfrom patent ambiguity, where words are omitted, or con \ntradict one another; for in such cases explanatory evidence \n\n94 ambiguity doctrine \nis not admissible. Where a bill of exchange was expressed \nin words to be drawn for 'two hundred pounds' but in \nfigures for '245,' evidence was not admitted to show that \nthe figures expressed the intention of the parties.\" William \nR. Anson, Principles of the Law of Contract 401 (Arthur L \nCorbin ed., 3d Am. ed. 1919). \nambiguity doctrine. See CONTRA PROFERENTEM. \nambit (am-bit). (14c) 1. A boundary line or limit; esp., the \nscope ofa statute or regulation, or the sphere of influ\nence and authority of an agency, committee, depart\nment' or the like. 2. A space surrounding a house or \ntown. \nambitus (am-bi-tas), n. [Latin ambitus \"deviousness, \ncorruption\"] Hist. The procuring of a public office by \nmoney or gifts; the unlawful buying and selling of a \npublic office. \nambulance chaser. 1. A lawyer who approaches victims \nofaccidents in hopes of persuading them to hire the \nlawyer and sue for damages. 2. A lawyer's agent who \nengages in this activity. 3. Tendentious slang. An \nattorney. [Cases; Attorney and Client (;=>32(9).] \nambulance-chasing, n. \nambulance-chasing. A blatant form of solicitation in \nwhich the lawyer (either personally or through an \nagent) urges injured people to employ the lawyer to rep\nresent them. [Cases; Attorney and Client (;=>32(9).] \nambulatory (am-bya-Ia-tor-ee), adj. (16c) 1. Able to walk \n<the accident victim is still ambulatory>. 2. Capable of \nbeing altered or revised; not yet legally :fixed <a will is \nambulatory because it is revocable until the testator's \ndeath>. \nambulatory automatism. See AUTOMATISM. \nambulatory disposition. See DISPOSITION (2). \nambulatory wilL See WILL. \na me (ay mee), [Latin] From me. -This phrase was used \nin feudal grants to denote tenure held directly of the \nchieflord. The phrase is short for a me de superiore mea \n(ay mee dee s[y]oo-peer-ee-or-ee mee-oh), meaning \n\"from me ofmy superior.\" Cf. DE ME. \na me de superiore meo (ay mee dee s[y]oo-peer-ee-or-ee \nmee-oh). [Law Latin] Hist. From me, ofmy superior. \nIn a feudal land grant, this phrase provided that when \nfeudal title was completed, the grantee would hold the \nland ofthe grantor's superior. \nameliorate (a-meel-ya-rayt), vb. (l8c) 1. To make better \n<the charity tries to ameliorate the conditions of the \nhomeless>. 2. To become better <with time, the situa\ntion ameliorated>. \nameliorating waste. See WASTE (1). \namelioration, n. 1. The act ofimproving something; the \nstate ofbeing made better. 2. An improvement. -ame\nliorative, adj. \nameliorative waste. See ameliorating waste under WASTE \n(1). \namenable (<J-mee-n<J-b<JI or -men-), adj. (16c) Legally \nanswerable; liable to being brought to judgment \n<amenable to process>. -amenability, n. amend, vb. (13c) 1. To make right; to correct or rectify \n<amend the order to :fix a derical error>. 2. To change \nthe wording of; sped., to formally alter (a statute, \nconstitution, motion, etc.) by striking out, inserting, \nor substituting words <amend the legislative bill>. See \nAMENDMENT (3). amendable, adj. amendabil\nity, n. \namend a previous action. See amend something previ\nously adopted. \namend something previously adopted. Parliamentary \nlaw. (Of a deliberative assembly) to change an oth\nerwise final text. Also termed amend a previous \naction. \namendatory (a-men-da-tor-ee), adj. Designed or serving \nto amend; corrective <an amendatory rider to an insur\nance policy>. \namended complaint. See COMPLAINT. \namended pleading. See PLEADING (1). \namended return. See TAX RETURN. \namende honorable (<J-mend on-a-ra-b\",l or a-mawnd \non-a-rah-bal). [French \"honorable reparation\"] Hist. \nA formal reparation for an offense or injury, done by \nmaking an open and usu. humiliating acknowledg\nment and apology so as to restore the victim's honor. \nThis apology could be accomplished, for example, by \nwalking into church with a rope around the neck and \na torch in hand, begging forgiveness from the injured \nparty. \namende profitable (a-mend proh-fee-tahb-Ia), n. Roman \nDutch law. In a defamation action, reparations made \nby a defendant who pays a sum that the plaintiff has \nnamed under oath as being less than full satisfaction \nfor the claim. \namender, n. One who amends (a document, etc.). \namendment. (17c) 1. A formal revision or addition \nproposed or made to a statute, constitution, pleading, \norder. or other instrument; specif., a change made by \naddition, deletion, or correction; esp., an alteration \nin wording. [Cases: Constitutional Law \nFederal Civil Procedure Pleading (;=>229; \nStatutes 131.] 2. The process of making such a \nrevision. \namendment as ofcourse. An amendment, usu. to \npleadings, that a party has a statutory right to apply \nfor without the court's permission. [Cases; Federal \nCivil Procedure (;=>825; Pleading (;=>231.] \namendment on court's own motion. A change to a \npleading or other document by the judge without a \nmotion from a party. [Cases: Federal Civil Procedure \n(;=>826; Pleading (;=>232.] \nnunc pro tunc amendment (n;mgk proh tangk or \nnuungk proh tuungk). An amendment that is \ngiven retroactive effect, usu. by court order. [Cases; \nJudgment (;=>326; Motions (;=>56(2).] \n3. Parliamentary law. A motion that changes another \nmotion's wording by striking out text, inserting or \n\n95 \nadding text, or substituting text. See AMEND (2). Cf. \nBLANK (2). \namendment by adding. An amendment that places new \nwording at the end of a motion or of a paragraph or \nother readily divisible part within a motion . Some \nauthorities treat amendment by adding as a form of \namendment by inserting. Cf. amendment by insert\ning. \namendment by inserting. An amendment that places \nnew wording within or around a motion's current \nwording. _ Some authorities distinguish amend\nment by adding, which places new wording after the \ncurrent wording, from amendment by inserting. Cf. \namendment by adding. \namendment by striking out. An amendment that \nremoves wording from a motion's current wording. \namendment by striking out and inserting. An amend\nment that removes wording and replaces it with alter\nnative wording . The motion can properly apply only \nto inserting wording in place of the wording being \nstruck out; it cannot strike out some wording and \ninsert new wording in a different place. See amend\nment by substituting; CREATE A BLANK. \namendment by substituting. 1. A special type ofamend\nment by striking out and inserting that replaces an \nentire main motion or a paragraph or other readily \ndivisible part within a main motion; an amendment \nof greater scope than a perfecting amendment. Cf. \nperfecting amendment. 2. An amendment by striking \nout and inserting. See amendment by striking out and \ninserting. -Also termed amendment in the nature \nofa substitute (in sense 1); substitute; substitution; \nsubstitute amendment. _ Parliamentary writers \ndiffer on when an amendment by striking out and \ninserting qualifies as an amendment by substitut\ning. Some manuals treat the two as equivalent and \napply the same rules to them. Others maintain that \nan amendment is not a substitute unless it replaces the \nentire main motion or at least a readily divisible \npart within the main motion and apply different \nrules to an amendment by substituting than to a less \ndrastic amendment. \namendment in the nature ofa substitute. See amend\nment by substituting (1). \namendment ofthe first degree. See primary amend\nment. \namendment of the first rank. See primary amend\nment. \namendment of the second degree. See secondary \namendment. \namendment ofthe second rank. See secondary amend\nment. \namendment to the amendment. See secondary amend\nment. \namendment to the main question. See primary amend\nment. \namendment to the text. See primary amendment. amendment \ncommittee amendment. An amendment to a motion \nreported by a committee to which the motion was \nreferred. \nfirst-degree amendment. See primary amendment. \nfloor amendment. An amendment offered from the \nfloor by an individual member, as distinguished from \na committee amendment. Cf. committee amend\nment. \nfriendly amendment. An amendment that the mover \nofthe motion being amended supports, and to which \nno other member objects. \n'The term 'friendly amendment' is often used to describe \nan amendment offered by someone who is in sympathy \nwith the purposes of the main motion, in the belief that \nthe amendment will either improve the statement or effect \nof the main motion, presumably to the satisfaction of its \nmaker, or will increase the chances of the main motion's \nadoption. Regardless of whether or not the maker of the \nmain motion 'accepts' the amendment, it must be opened \nto debate and voted on formally (unless adopted by unani \nmous consent) and is handled under the same rules as \namendments generally.\" Henry M. Robert, Robert's Rules of \nOrder Newly Revised  12, at 154 (lOth ed. 2000). \n\"Often, such an amendment is proposed as a 'friendly \namendment: simply indicating that the member propos\ning the amendment feels it will be acceptable to the maker \nof the main motion. If the maker of the original motion \ndoes not wish to accept the amendment, the amendment \nmust then receive a second to come before the assembly, \nand will receive the usual consideration by the assembly. \nHowever, even the acceptance of the proposed amend\nment by the maker of the motion is simply a statement of \nsupport, and every member of the assembly retains the \nright to object to the amendment's adoption by general \nconsent, and to debate and vote on the amendment.\" Alice \nSturgis, The Standard Code ofParliamentary Procedure 53 \n(4th ed. 2001). \nhostile amendment. An amendment that is opposed \nby the supporters ofthe main motion. \nkiller amendment. An amendment that has the effect, \nintended or not, ofensuring the defeat of the main \nmotion. \nnongermane amendment. An amendment that adds \nan unrelated rider . A nongermane amendment is \nout oforder in most ordinary assemblies and many \nlegislative bodies. But some legislative bodies, in juris\ndictions where legislation may embrace more than \none subject, allow nongermane amendments to a bill. \nSee RlDER. \nperfecting amendment. An amendment that merely \nedits the form ofa main motion or a primary amend\nment but does not substantially change its content; an \namendment of lesser scope than an amendment by \nsubstituting. Cf. amendment by substituting (1). \nprimary amendment. An amendment that directly \namends the main motion. Cf. secondary amend\nment. \npro forma amendment. An amendment moved solely \nfor the purpose ofobtaining the floor and treated as \nwithdrawn once the mover has spoken. -The custom\nary pro forma amendment in Congress is a motion \n\"to strike the last word.\" \n\n96 amendment after allowance \nsecondary amendment. An amendment that alters a \npending primary amendment. Cf. primary amend\nment. \nsecond-degree amendment. See secondary amend\nment. \nsubstitute amendment. 1. A secondary amendment \nthat substantially replaces rather than edits a primary \namendment. 2. See amendment by substituting. \namendment after allowance. See PATENT-APPLICATION \nAMENDMENT. \namendment after appeal. See PATENT-APPLICATION \nAMENDMENT. \namendment after final action. See PATENT-APPLICATION \nAMENDMENT. \namendment after payment of issue fee. See PATENT\nAPPLICATION AMENDMENT. \namendment before first action. See preliminary amend\nmentunder PATENT-APPLICATION AMENDMENT. \namendment by implication. A rule ofconstruction that \nallows a person to interpret a repugnant provision in \na statute as an implicit modification or abrogation of \na provision that"}
{"text": "\nallows a person to interpret a repugnant provision in \na statute as an implicit modification or abrogation of \na provision that appears before it. Amendments by \nimplication are not favored. See United States v. Welden, \n377 U.S. 95, 102 n.12, 84 S.Ct. 1082, 1087 n.12 (1964). \n[Cases: Statutes \namendment in excess offiling fee. See PATENT-APPLI\nCATION AMENDMENT. \namendment ofindictment. (1828) The alteration ofthe \ncharging terms of an indictment, either literally or in \neffect, after the grand jury has made a decision on it.  \nThe indictment usu. cannot be amended at trial in a way \nthat would prejudice the defendant by haVing a trial on \nmatters that were not contained in the indictment. To \ndo so would violate the defendant's Fifth Amendment \nright to indictment by grand jury. [Cases: Indictment \nand Information ~159.] \nconstructive amendment ofindictment. The admission \nofevidence that modifies the indictment by modify\ning the elements of a charged offense or by establish\ning an offense different from or in addition to those \nin the indictment. [Cases: Indictment and Informa\ntion~159.] \namendment ofregistration. See TRADEMARK-APPLICA\nTION AMENDMENT. \namendment on court's own motion. See AMENDMENT \n(2). \namendment to allege use. See TRADEMARK-APPLICA\nTION AMENDMENT. \namendment to different register. See TRADEMARK\nAPPLICATION AMENDMENT. \namends, n. Compensation given for a loss or injury; \nreparation. \namenity. [fro Latin amoenitas \"pleasantness\"] Something \ntangible or intangible that increases the enjoyment ofreal property, such as location, view, landscaping, \nsecurity, or access to recreational facilities. \na mensa et thoro (ay men-S<l et thor-oh). [Latin \"from \nboard and hearth\"] (17c) (Of a divorce decree) effecting \na separation ofthe parties rather than a dissolution of \nthe marriage <a separation a mensa et thoro was the \nusual way for a couple to separate under English law \nup until 1857>. Not all states provide for such a pro\nceeding. See divorce a mensa et thoro under DIVORCE; \nSEPARATION; A VINCULO MATRIMONII. [Cases: Divorce \n~155.] \namerce (<l-mars), vb. 1. To impose a fine or penalty that \nis not fixed but is left to the court's discretion; to punish \nby amercement. 2. To fine or punish in any manner. \namerceable (<l-mar-s<l-b<ll), amerciable (<l-m3r-See\n<l-bal), adj. \n'There were two more aspects to this financial scheme \nof permitting suitors to use the royal courts for a con\nsideration. The practice developed of 'amercing' or fining \nthose who were 'in the mercy of the king' because they \nhad put forward a false claim, or had made a false defense. \nIn other words the loser of the suit had to pay a fine for \nhis supposedly unjust effort to deny or resist the claim of \nhis opponent.\" Charles Herman Kinnane, A First Book on \nAnglo-American Law 272 (2d ed. 1952). \namercement (a-m3rS-m<lnt), n. [fro Law French estre a \nmerci \"to be at the mercy (of another),\" fro Latin merces \n\"payment\"] (14c) 1. The imposition ofa discretionary \nfine or penalty by a court, esp. on an official for mis\nconduct <an amercement proceeding>. 2. The fine or \npenalty so imposed <an amercement charged to the \nsheriff for failing to return the writ ofexecution>. \nAlso termed cashlite; (archaically) amerciament; mer\nciament. [Cases: Sheriffs and Constables ~125.] \nAmerican Academy ofActuaries. A national organiza\ntion ofactuaries whose members must meet specified \neducational requirements and have at least three years \nof actuarial work experience . Created in 1965, the \nAcademy promotes public awareness ofthe actuarial \nprofession, represents the profession before federal and \nstate governments, and sponsors continUing-education \nconferences. Abbr. AAA. See ACTUARY. \nAmerican Accounting Association. An organization \nof accounting practitioners, educators, and students, \nfounded in 1916 to promote accounting as an academic \ndiscipline by sponsoring research projects and continu\ning-education seminars. -Abbr. AAA. \nAmerican Arbitration Association. A national orga\nnization that maintains a panel of arbitrators to hear \nlabor and commercial disputes. Abbr. AAA. [Cases: \nAlternative Dispute Resolution ~238; Labor and \nEmployment ~1576.] \nAmerican Bankers Association. A voluntary trade \nassociation of banking institutions, including banks, \ntrust companies, and savings banks and associations, \nwhose members represent the vast majority ofbanking \ndeposits in the United States . The association was \nfounded in 1875. -Abbr. ABA. \n\n97 \nAmerican Bar Association. A voluntary national orga\nnization oflawyers organized in 1878. Among other \nthings, it participates in law reform, law-school accredi\ntation, and continuing legal education in an effort \nto improve legal services and the administration of \njustice. Abbr. ABA. \nAmerican Bar Foundation. An outgrowth of the \nAmerican Bar Association involved with sponsoring \nand funding projects in law-related research, education, \nand social studies. -Abbr. ABF. \nAmerican Bureau of Shipping. An organization of \nmarine underwriters, shipbuilders, and marine carriers \ncharged with conducting research, technological devel\nopment, officer training, and standards of building, \nmaintaining, and operating seagoing vessels and sta\ntionary offshore facilities . The organization was \nfounded in 1862 as the American Shipbuilders' Associa\ntion. Its name was changed in 1898, and it was formally \nrecognized in the Merchant Marine Act of 1920. Its \ncore mission is to promulgate rules for evaluating the \ndesign ofnew vessels and structures and for maintain\ning all existing vessels and structures. Abbr. ABS. \nSee ABS RULES. [Cases: Shipping <>11, 12.] \nAmerican Civil Liberties Union. A national organi\nzation whose primary purpose is to help enforce and \npreserve individual rights and liberties guaranteed by \nfederal and state constitutions. Abbr. ACLU. \nAmerican clause. Marine insurance. A policy provision \nthat prevents an insurer from claiming contribution \nfrom a policy later purchased by the insured. [Cases: \nInsurance <>2247.J \nAmerican common law. See COMMON LAW (2). \nAmerican depositary receipt. A negotiable instrument \nissued by an American bank as a substitute for stock \nshares in a foreign-based corporation . ADRs are the \nmost common method by which foreign companies \nsecure American shareholders. Companies that offer \nADRs maintain a stock listing in their domestic market \nin their domestic currency, while the ADRs are held in \nU.S. dollars and listed on a U.S. stock exchange, usu. the \nNew York Stock Exchange. The holder ofthe receipt is \nentitled to receive the specified securities upon presen\ntation ofthe ADR to the depositary institution -Abbr. \nADR. Also termed American depository receipt. Cf. \nAMERICAN DEPOSITARY SHARE. \nAmerican depositary share. A foreign security that is \nexempt from reporting requirements and deposited \nin an American bank to be held for private sale . \nAmerican depositary receipts are used to transfer the \nsecurities. Abbr. ADS. Cf. AMERICAN DEPOSITARY \nRECEIPT. \nAmerican depository receipt. See AMERICAN DEPOSI\nTARY RECEIPT. \nAmerican Experience Table ofMortality. Insurance. \nA chart developed by insurers in the 18608 to predict \nmortality rates and thereby more accurately set insur\nance rates . The Table was widely used by insurers to \nestablish rates until the 1950s. American Inventors Protection Act \nAmerican Federation ofLabor and Congress of Indus\ntrial Organizations. A voluntary affiliation of more \nthan 100 labor unions that operate autonomously yet \nbenefit from the affiliation's political activities and its \nestablishment of broad policies for the national labor \nmovement. -Abbr. AFL-CIO. \nAmerican Federation of Musicians. A labor union \ncomposed of musicians, orchestra leaders, contractors, \ncopyists, orchestrators, composers, and arrangers . In \nthe recording industry, artists hired by record compa\nnies that have agreements with the union must be paid \naccording to the union's set scale. -Abbr. AF ofM. \nAmerican Federation ofTelevision and Radio Artists. \nA labor union composed of actors, announcers, nar\nrators, and vocalists. In the entertainment industry, \nperformers hired by producers that have agreements \nwith the union must be paid according to the union's \nset scale. It is affiliated with the AFL-CIO. -Abbr. \nAFTRA. \nAmerican Forces Information Service. An agency in \nthe u.s. Department of Defense responsible for oper\nating the Armed Forces Radio and Television Service, \nthe Armed Forces Press and Publications Service, and \na Broadcast Center . Established in 1977, the Service \npublishes various periodicals and pamphlets and the \nStars and Stripes newspapers. -Abbr. AFIS. \nAmerican Guild of Variety Artists. A labor union \ncomposed of performers in nightclubs, cabarets, \ntheaters, and other areas of live entertainment. _ The \nGuild regulates its members' contracts with agents \nthrough an agreement with the Artists' Representa\ntives Association. Abbr. AGVA. \nAmerican Indian law. See NATIVE AMERICAN LAW. \nAmerican Inns ofConrt Foundation. See INN OF COURT \n(2). \nAmerican Institute of Parliamentarians. A national \nnonprofit educational organization founded in 1958 to \nimprove and promote the rules of parliamentary pro\ncedure as a way of implementing sound democratic \nprinciples. Abbr. AlP. \nAmerican Intellectnal Property Law Association. A \nnational bar association oflawyers who practice patent, \ntrademark, copyright, trade-secret, and unfair-compe\ntition law. The association was formerly known as the \nAmerican Patent Law Association. Membership is also \nopen to law students who are interested in intellectual\nproperty law. -Abbr. AIPLA. \nAmerican Inventors Protection Act. Patents. A 1999 \nstatute designed to (1) curb deceptive practices by \ninvention-promotion companies, (2) reduce patent \nfees, (3) provide a defense against infringement for a \nparty who in good faith reduced a patented invention \nto practice at least one year before a patent's effective \nfiling date, (4) extend the patent term when the PTO \nis responsible for a delay in issuance, and (5) require \npublication of a patent application 18 months after its \nfiling unless the applicant requests otherwise. Pub. L. \nNo. 106-113, 113 Stat. 1537-544. -Abbr. AIPA. \n\n98 American Judicature Society \nAmerican Judicature Society. An organization made \nup of judges, lawyers, and lay people for the purpose \nofimproving the administration of justice. The AJS \nwas founded in 1913. Its interests include ensuring the \njudiciary's independence, improving judicial selection \nand the performance ofjuries, and educating the public \nabout the justice system. Abbr. AJS. \nAmerican Law Institute. An organization of lawyers, \njudges, and legal scholars who promote consistency \nand simplification of American law by publishing the \nRestatements of the Law, and other model codes and \ntreatises, as well as promoting continuing legal educa\ntion. Abbr. ALI. \nAmerican Law Institute test. See SUBSTANTIAL-CAPAC\nITY TEST. \nAmerican Lloyd's. See LLOYD'S UNDERWRITERS. \nAmerican National Standards Institute. A private non\nprofit organization, founded in 1918, that administers \nthe U.S. standardization- and conformity-assessment \nsystem and coordinates voluntary participants in the \nsystem. Abbr. ANSI. \nAmerican option. See OPTION. \nAmerican Patent Law Association. See AMERICAN \nINTELLECTUAL PROPERTY LAW ASSOCIATION. \nAmerican Printing House for the Blind. A federally\naided institution that assists blind children by distrib\nuting Braille books, talking books, and educational aids \nwithout charge . The printing house was incorporated \nin Kentucky in 1858. Abbr. APH. \nAmerican rule. (1868) 1. The general policy that allliti\ngants, even the prevailing one, must bear their own \nattorney's fees . The rule is subject to bad-faith and \nother statutory and contractual exceptions. Cf. ENGLISH \nRULE. [Cases: Costs ~194.16; Federal Civil Procedure \n~2737.1.] 2. The doctrine that a witness cannot be \nquestioned on cross-examination about any fact or cir\ncumstance not connected with the matters brought out \nin the direct examination. [Cases: Witnesses ~269.] \nAmerican share. See SHARE (2). \nAmerican Society of Composers, Authors & Publish\ners. Copyright. One ofthe u.s. performing-rights soci\neties that licenses and polices the public performance of \nnondramatic musical works on behalf ofthe copyright \nowners. Abbr. ASCAP. \nAmerican Society ofWriters on Legal Subjects. The \nformal name for Scribes, an association oflawyers dedi\ncated to the improvement oflegal writing . Founded \nin 1953, it sponsors annual writing competitions and \npublishes The Scribes Journal ofLegal Writing, the first \njournal devoted exclusively to legal writing. \nAmerican Stock Exchange. An organized stock exchange \nand self-regulating organization under the Securities \nExchange Act of 1934, located in New York City and \nengaged in national trading of corporate stocks . It \noften trades in the securities of young or small com\npanies because its listing requirements are less strict \nthan those of the New York Stock Exchange. Abbr. AMEX; ASE. [Cases: Exchanges Securities \nRegulation ~40.l0-40.16.J \nAmerican-style option. See American option under \nOPTION"}
{"text": "\nRegulation ~40.l0-40.16.J \nAmerican-style option. See American option under \nOPTION. \nAmericans with Disabilities Act. A federal statute \nthat prohibits discrimination in employment, public \nservices, and public accommo' inst any \nperson because of the person's disability physical \nor mental impairment that substantially limits one or \nmore ofthe major life activities\"). 42 USCA  12101\n12213. Under the ADA and related regulations and \ncaselaw, major life activities include those that an \naverage person in the general population can perform \nwith little or no difficulty, such as seeing, hearing, \nsleeping, eating, walking, traveling, and working. \nThe statute applies to both private and governmental \nentities but not to a private employer having fewer than \n15 employees. 42 USCA  1211l(5)(A). Abbr. ADA. \nSee DISABILITY (2); MAJOR LIFE ACTIVITY. [Cases: Civil \nRights ~1016, 1053, 1215.] \nAMEX (am-eks). abbr. (1961) AMERICAN STOCK \nEXCHANGE. \nami (;}-mee), n. [Law French, fro Latin amicus] A friend. \n This term appears in several traditional legal phrases, \nsuch as prochein ami (\"next friend\"). Also spelled \namy. See NEXT FRIEND. \namiable compositor. Int'llaw. An unbiased third party, \noften a head of state or high government official, who \nsuggests a solution that disputing countries might \naccept of their own volition. -Also termed aimable \ncompositeur. \namicable action. See test case (1) under CASE. \namicable compounder. See COMPOUNDER (1). \namicable scire facias to revive a judgment. See SCIRE \nFACIAS. \namicable suit. See test case (1) under CASE. \namicus. 1. See AMICUS CURIAE. 2. See amicus briefunder \nBRIEF (1). \namicus brief. See BRIEF (1). \namicus curiae (;}-mee-k;}s kyoor-ee- lor;}-mI-k;}s kyoor\nee-ee also am-i-bs). [Latin \"friend ofthe court\"] (17c) \nA person who is not a party to a lawsuit but who peti\ntions the court or is requested by the court to file a \nbrief in the action because that person has a strong \ninterest in the subject matter. -Often shortened to \namicus. -Also termed friend ofthe court. PI. amici \ncuriae (;l-mee-kee or ;}-ml-SI or ;}-ml-kI). [Cases: \nAmicus Curiae ~1-3.J \nAmish exception. An exemption of the Amish from \ncompulsory-school-attendance laws under the Free \nExercise Clause of the First Amendment . In Wis\nconsin V. Yoder, 406 U.S. 205, 92 S.Ct. 1526 (1972), the \nSupreme Court held that Amish children could not be \ncompelled to attend high school even though they were \nwithin the age range of the state's compulsory-atten\ndance law. The Court has very narrowly construed the \nAmish exception and has refused to extend it to non\n\n99 \nAmish children. See COMPULSORY-ATTENDANCE LAW; \nFREE EXERCISE CLAUSE. [Cases: Constitutional Law (;::;> \n1343; Schools (;::;>160.] \namita (am-;:l-t;:l). [Latin] Civil law. The sister of one's \nfather; an aunt on the father's side. PI. amitae. \namitina (am-;:l-tI-n;:l). [Latin] Civil law. The daughter of \na paternal aunt or maternal uncle; a female first cousin. \nPl. amitinae. \namitinus (am-;:l-tl-n;:ls). [Latin] Civil law. The son of a \npaternal aunt or maternal uncle; a male first cousin. \nPI. amitini. \namittere curiam (;:l-mit-;:l-ree kyoor-ee-;:lm), vb. [Law \nLatin] Rist. To lose the privilege ofattending court. \namittere legem terrae (;:l-mit-;:l-ree lee-j;:lm ter-ee). See \nLIBERAM LEGEM AMITTERE. \namittere liberam legem (;:l-mit-;:l-ree Hb-dr-;:lm lee-jam). \nSee LIBERAM LEGEM AMITTERE. \namnesty, n. (16c) A pardon extended by the govern\nment to a group or class ofpersons, usu. for a political \noffense; the act ofa sovereign power officially forgiving \ncertain classes of persons who are subject to trial but \nhave not yet been convicted <the 1986 Immigration \nReform and Control Act provided amnesty for undocu\nmented aliens already present in the country>. -Unlike \nan ordinary pardon, amnesty is usu. addressed to \ncrimes against state sovereignty that is, to political \noffenses with respect to which forgiveness is deemed \nmore expedient for the public welfare than prosecution \nand punishment. Amnesty is usu. general, addressed \nto classes or even communities. Also termed general \npardon. See PARDON. [Cases: Pardon and Parole (;::;> \n26.] amnesty, vb. \n\"Amnesty . .. derives from the Greek amnestia (,forget\nting'), and has come to be used to describe measures of a \nmore general nature, directed to offenses whose criminal\nity is considered better forgotten.\" Leslie Sebba, \"Amnesty \nand Pardon,\" in 1 Encyclopedia ofCrime and justice 59, 59 \n(Sanford H. Kadish ed., 1983). \nexpress amnesty. Amnesty granted in direct terms. \nimplied amnesty. Amnesty indirectly resulting from a \npeace treaty executed between contending parties. \namnesty clause. A clause, esp. one found in a peace \ntreaty, that wipes out past offenses such as treason, \nsedition, rebellion, and even war crimes. - A sover\neign may grant amnesty to all guilty persons or only \nto certain categories of offenders. \nAmnesty International. An international nongov\nernmental organization founded in the early 1960s \nto protect human rights throughout the world. -Its \nmission is to secure throughout the world the obser\nvance ofthe Universal Declaration ofHuman Rights.\" \nAmnesty Int'l Statute, art. 1. \na morte testatoris (ay mor-tee tes-td-tor-is). [Latin] Rist. \nFrom the death of the testator. -The phrase appeared \nin reference to the moment when a legacy vests in the \nbeneficiary. amount realized \namortization (am-;:lr-t;:l-zay-sh;:ln), n. (1851) 1. The act \nor result of gradually extinguishing a debt, such as a \nmortgage, usu. by contributing payments of principal \neach time a periodic interest payment is due. \nnegative amortization. An increase in a loan's princi\npal balance caused by monthly payments insufficient \nto pay accruing interest. \n2. The act or result of apportioning the initial cost \nof a usu. intangible asset, such as a patent, over the \nasset's useful life. Cf. DEPRECIATION. Sometimes also \ntermed amortizement. \namortization reserve. See RESERVE. \namortization schedule. A schedule of periodic payments \nof interest and principal owed on a debt obligation; \nspecif., a loan schedule showing both the amount of \nprincipal and interest that is due at regular intervals \nover the loan term and the remaining unpaid principal \nbalance after each scheduled payment is made. \namortize, vb. (1867) 1. To extinguish (a debt) gradu\nally, often by means of a sinking fund. 2. To arrange \nto extinguish (a debt) by gradual increments. 3. Rist. \nTo alienate or convey lands to a corporation (that is, in \nmortmain). -Also spelled amortise. See MORTMAIN. \namortized loan. See LOAN. \namortized mortgage. See MORTGAGE. \namortizement. See AMORTIZATION. \namotion. (17c) 1. A turning out, as the eviction of a tenant \nor the removal of a person from office. [Cases: Landlord \nand Tenant (;::;>275; Officers and Public Employees \n70.] 2. The common-law procedure available to share\nholders to remove a corporate director for cause. [Cases: \nCorporations (;::;>294.] \n''The cases do not distinguish clearly between disfranchise\nment and amotion. The former applies to members, and \nthe latter only to officers; and if an officer be removed \nfor good cause, he may still continue to be a member of \nthe corporation. Disfranchisement is the greater power, \nand more formidable in its application; and in joint stock \nor moneyed corporations no stockholder can be disfran\nchised, and thereby deprived of his property or interest in \nthe general fund, by any act of the corporation, Without at \nleast an express authority for that purpose.\" 2James Kent, \nCommentaries on American Law *298 (George Comstock \ned., 11th ed. 1866). \n3. The wrongful moving or carrying away ofanother's \npersonal property. \namount in controversy. (1809) The damages claimed \nor relief demanded by the injured party in a lawsuit. \n For a federal court to have diversity jurisdiction, the \namount in controversy must exceed $75,000. 28 USCA \n 1332(a). -Also termed jurisdictional amount; matter \nin controversy. See DIVERSITY OF CITIZENSHIP; AGGRE\nGATION DOCTRINE. [Cases: Courts C=>119, 167; Federal \nCourts (;::;>335.] \namount realized. Tax. The amount received by a \ntaxpayer for the sale or exch an asset, such as \ncash, property, services recei or debts assumed by \na buyer. Cf. GAIN (3); LOSS (2). [Cases: Internal Revenue \n(;::;>3194; Taxation (;::;>3466.] \n\n100 amove \namove, vb. To remove (a person) from an office or \nposition. -amoval, n. \namoveas manus (ay-moh-vee-;Js man-;Js). [Law Latin \n\"that you remove your hands\") Hist. 1. A judgment \nordering the Crown to relinquish possession ofland to \nthe complainant . The judgment is so called from the \nemphatic words quod manus domini regis amoveantur \n(\"that the hands of the king be removed\"). 2. The writ \nissued on the judgment. \namparo. Mexican law. A summary proceeding intended \nto vindicate an individual's or company's rights without \nnecessarily establishing a precedent for similarly \nsituated parties. -Also termed judicio de amparo. \nampliatio (am-plee-ay-shee-oh), n. [Latin) Roman \nlaw. 1. The act of deferring or reserving judgment. 2. \nIn a criminal trial before a comitia, the repeating of \nevidence at the jury's request. PI. ampliationes (am\nplee-ay-shee-oh-neez). \nampliation (am-plee-ay-sh;Jn). Civil law. An extending; \na postponement of the decision in a case. \namplius (am-plee-;Js), adj. & adv. [Latin) Hist. More; \nfurther. \nAMS. abbr. AGRICULTURAL MARKETING SERVICE. \nAMT. abbr. See alternative minimum tax under TAX. \nAmtrak. See NATIONAL RAILROAD PASSENGER CORPO\nRATION. \na multo fortiori (ay m;Jl-toh for-shee-or-I). [Latin) By far \nthe stronger reason. Cf. AFORTIORI. \namusement tax. See TAX. \namy (;J-mee), n. [Law French) A friend . This is an alter\nnative spelling ofami. See AMI. \nanaconda clause. See MOTHER HUBBARD CLAUSE (1). \nanacrisis (an-;J-krI-sis). Civil law. An investigation or \ninquiry, esp. one conducted by torture. \nanalog. Patents. A different material, usu. a chemical \nor DNA sequence, that produces the same result as \nthe specified material when used in a certain way.  \nTo prevent others from free-riding on their innova\ntion without technically infringing their exclusive \nrights, patent applicants often include analogs in their \nclaims. -Also spelled analogue. -Also termed func\ntional analog; equivalent. \nanalogous art. See ART. \nanalogous use. 1. Patents. The application of a process \nalready known in one field of art to produce a similar \nresult in another field . Unless the fields are so unre\nlated or the outcomes so different as to produce a novel, \nuseful, and nonobvious result, an analogous use is \nnot patentable. [Cases: Patents (::::>27(1).) 2. Trade\nmarks. The use of a mark in marketing and advertis\ning a product or service before the actual sale of the \nproduct or service, in order to establish the mark's use \nin commerce . For the owner to take advantage of \nthe analogous-use doctrine, the marketing campaign \nmust be substantial and the product or service must be \navailable soon after the campaign. An owner who files an intent-to-use application may tack on the period of \nanalogous use for purposes of priority and incontest\nability. \nanalytical jurisprudence. See JURISPRUDENCE. \nanalytical memorandum. See research memorandum \nunder MEMORANDUM. \nanarchist, n. (l7c) One who advocates the overthrow of \norganized government by force or who believes in the \nabsence of government as a political ideal. -anar\nchism (the philosophy), n. \nanarchy, n. (l6c) 1. Absence of government; lawlessness. \n2. A sociopolitical theory holding that the only legit\nimate form of government is one under which indi\nviduals govern themselves voluntarily, free from any \ncollective power structure enforcing compliance with \nsocial order. -anarchic, adj. \ncriminal anarchy. (1831) A doctrine advocating the \noverthrow of organized government by force or \nviolence, by assassinating a head of government, or \nby some other unlawful act"}
{"text": "throw of organized government by force or \nviolence, by assassinating a head of government, or \nby some other unlawful act . Most states have laws \nlimiting speech that incites criminal anarchy. The \nlaws do not apply to abstract philosophical expres\nsions or predictions or like expressions protected by \nthe First and Fourteenth Amendments. Criminal\nanarchy statutes (e.g., 18 USCA  2385) apply only to \nspeech that is calculated to induce forceful and violent \nactivity, such as attempts to incite people to riot, or \nthat otherwise generates some \"clear and present \ndanger\" that the advocated violent overthrow may be \nattempted or accomplished. See Gitlow v. New York, \n268 U.S. 652, 666, 45 S.Ct. 625, 630 (1925). [Cases: \nInsurrection and Sedition (::::>2.) \nanathema (;J-nath-;J-m;J), n. An ecclesiastical curse that \nprohibits a person from receiving communion (as in \nexcommunication) and bars the person from contact \nwith members ofthe church. -anathematize, vb. \nanatocism (;J-nat-;J-siz-;Jm), n. [fro Greek anatokismos \"to \nlend on interest again\"] Rare. 1. Compound interest. See \ncompound interest under INTEREST (3). 2. The practice \nofcompounding interest. \nanatomical gift. See GIFT. \nancestor, n. A person from whom an estate has passed; \nASCENDANT . This word is the correlative of heir. Cf. \nHEIR (1). \ncommon ancestor. A person to whom the ancestry of \ntwo or more persons is traced. \nancestral debt. See DEBT. \nancestral estate. See ESTATE (1). \nancestry. (14c) A line ofdescent; lineage. \nanchorage. Maritime law. 1. An area where ships anchor. \n2. A duty paid by shipowners for the use of a port; a toll \nfor anchoring. [Cases: Shipping (::::>7.) \nancient, adj. Evidence. (l4c) Having existed for a long \ntime without interruption, usu. at least 20 to 30 years \n<ancient deed> <ancient map>. Ancient items \nare usu. presumed to be authentic even if proof of \n\n101 \nauthenticity cannot be made. Fed. R. Evid. 901(b)(8). \n[Cases: Evidence \nancient, n. See ANCIENTS. \nancient demesne. See DEMESNE. \nancient document. See DOCUMENT. \nancient fact. See FACT. \nancient house. See HOUSE. \nancient law. The law ofantiquity, considered esp. either \nfrom an anthropological standpoint or from the stand\npoint oftracing precursors to modern law. \n\"Ancient law uniformly refuses to dispense with a single \ngesture, however grotesque; with a single syllable, however \nits meaning may have been forgotten; with a single witness, \nhowever superfluous may be his testimony. The entire \nsolemnities must be scrupulously completed by persons \nlegally entitled to take part in them, or else the conveyance \nis nUll, and the seller is re-established in the rights of which \nhe had vainly attempted to divest himself.\" Henry S. Maine, \nAncient Law 225-26 (1 7th ed. 1901). \nancient-lights doctrine. The common-law principle by \nwhich a landowner acquired, after 20 years ofuninter\nrupted use, an easement preventing a neighbor from \nbuilding an obstruction that blocks light from passing \nthrough the landowner's window . The window (or \nother opening) is termed an ancient light. This doctrine \nhas rarely been applied in the United States. -Also \ntermed ancient-windows doctrine. [Cases: Easements \n\"[AJ notice 'Ancient lights,' which is often seen affixed \nto the wall of a building, only denotes a claim by or on \nbehalf of the owner that he has acquired, by prescription \nor otherwise, a right to a reasonable amount of light, free \nfrom interruption, over adjoining land: but it must not be \nsupposed that such a notice is necessary in order to protect \na legal right.\" 2 Stephen's Commentaries on the Laws of \nEng/and 347 (Crispin Warmington ed., 21st ed. 1950). \n\"Under the English doctrine of ancient lights, which has \nbeen soundly repudiated in this country, if a landowner had \nreceived sunlight across adjoining property for a specified \nperiod of time, the landowner was entitled to continue to \nreceive unobstructed access to sunlight across the adjoin\ning property; the landowner acquired a negative prescrip\ntive easement and could prevent the adjoining landowner \nfrom obstructing access to light.\" 1 Am. Jur. 2d Adjoining \nLandowners  90, at 889 (1994). \nancient readings. Hist. Lectures on ancient English \nstatutes, formerly having substantial legal authority. \nancient rent. Hist. The rent reserved at the time the lease \nis made, if the estate was not then under lease. \nancients. Hist. Certain members ofseniority in the Inns \nof Court and Chancery . In Gray's Inn, the society \nconsisted ofbenchers, ancients, barristers, and students \nunder the bar, with the ancients being the oldest bar\nristers. In the Middle Temple, those who passed the \nreadings were termed ancients. 'The Inns ofChancery \nconsisted ofboth ancients and students or clerks. \nAlso termed (in singular) ancient. \nancient serjeant. Hist. English law. The eldest of the \nCrown's serjeants. -The last serjeant to hold this office \ndied in 1866. \nancient wall. See WALL. and other good and valuable consideration \nancientwaterconrse. See WATERCOURSE. \nancient-windows doctrine. See ANCIENT-LIGHTS DOC\nTRINE. \nancient writing. See ancient document under DOCU\nMENT. \nancilla (an-sil-;:I), n. [Latin] Hist. A female auxiliary or \nassistant. \nancillary (an-s;:I-ler-ee), adj. (17c) Supplementary; sub\nordinate <ancillary claims>. ancillarity (an-s;:I-Ia[iJ \nr-;:I-tee), n. \nancillary administration. See ADMINISTRATION. \nancillary administrator. See ADMINISTRATOR (2). \nancillary attachment. See ATTACHMENT (3). \nancillary bill. See ancillary suit under SUIT. \nancillary claim. See CLAIM (4). \nancillary guardianship. See GUARDIANSHIP. \nancillary jurisdiction. See JURISDICTION. \nancillary legislation. See LEGISLATION. \nancillary letters testamentary. See LETTERS TESTAMEN\nTARY. \nancillary proceeding. See ancillary suit under SUIT. \nancillary process. See ancillary suit under SUIT. \nancillary receiver. See RECEIVER. \nancillary receivership. See RECEIVERSHIP. \nancillary suit. See SUIT. \nancillary to priority. Patents. (Of a legal issue) so logi\ncally related to the issue of priority ofinvention that \nit cannot be separated from the issue of priority. \nThe question whether an issue is ancillary to priority \nwas once used to challenge the jurisdiction ofthe U.S. \nPatent and Trademark Office, but the Board of Patent \nAppeals and Interferences now has explicit jurisdiction \nover ancillary issues. [Cases: Patents (;:::>90(1).] \nancipitis usus. See conditional contraband under \nCONTRABAND. \nAnders brief. See BRIEF. \nand his heirs. A term ofart formerly required to transfer \ncomplete title (a fee simple absolute) to real estate <A \nconveys Blackacre to B and his heirs> . This phrase \noriginated in the translation of a Law French phrase \nused in medieval grants (a lui et a ses heritiers pour \ntoujours \"to him and his heirs forever\"). See FEE \nSIMPLE. \n\"The development reached its culmination when the words \n'and his heirs' in a transfer were thought to give full dura\ntional ownership to the immediate transferee and no own\nership whatever to his heirs. This notion was expressed in \nthe statement that the words 'and his heirs' are words of \nlimitation and not words of purchase. They indicate the \ndurational character of an estate, not its taker.\" Thomas \nF. Bergin & Paul G. Haskell, Preface to Estates in Land and \nFuture Interests 93~94 (2d ed. 1984). \nand other good and valuable consideration. See other \nconsideration under CONSIDERATION. \n\n102 androlepsy \nandrolepsy (an-dra-Iep-see). [fro Greek \"seizure ofmen\"] \nHist. The taking by one nation ofcitizens or subjects \nof another nation either in reprisal or to enforce some \nclaim (as to surrender or punish a fugitive). -Also \ntermed androlepsia (an-dra-Iep-see-a). \nanecius (a-nee-shee-as), n. [Law Latin] Hist. The eldest; \nthe firstborn; the senior, as contrasted with puisne (\"the \nyounger\"). \nangaria (ang-gair-ee-a). [Greek] 1. ANGARY. 2. Roman \nlaw. (ital.) A compulsory service consisting in the trans\nport ofgoods or persons for the imperial post; a public \nPony Express rider. 3. Hist. A service exacted by a lord \nbeyond what is due. PI. angariae. \nangary (ang-gd-ree). Int'llaw. A country's right, in war \nor other urgent circumstances, to seize -for tempo\nrary use -neutral merchant ships in its inland or terri\ntorial waters as well as aircraft within its territory, with \nfull indemnity by the country. -Also termed right of \nangary; jus angariae; angaria. \n\"In many respects the content and scope of the right of \nangary remain unclear and there is little evidence of State \npractice on several controversial questions. In practice, the \nright has been exercised mainly in wartime. Nevertheless, \nseveral writers consider it to be applicable in times of peace \nand in cases of absolute necessity, such as the evacuation \nof the population in the event of a national emergency.\" \nRainer Lagoni, \"Angary, Right of,\" in 1 Encvclopedia of \nPublic International Law (1992). \nangel. Mergers & acquisitions. An investor who infuses \nenough cash to close a deal or who comes in at the last \nminute to save a deal that otherwise would not close. \nangel investor. See INVESTOR. \nAnglice (ang-gla-see), adv. [French] In English. -This \nterm formerly appeared in pleadings to Signal an \nEnglish translation or restatement ofa previous Latin \nword or phrase <panis, Anglice, bread>. \nAnglo-American common law. See American common \nlaw under COMMON LAW (2). \nAnglo-Saxon law. 1he body of royal decrees and cus\ntomary laws developed by the Germanic peoples who \ndominated England from the 5th century to 1066. \nanhlote, n. Hist. A Single tribute or tax paid according to \ncustom, such as scot and lot. See SCOT AND LOT. \naniente (an-ee-cmt or an-ee-ent), adj. [Law French] (Of a \nlaw, etc.) having no force or effect; void. -Also spelled \nanient. -Also termed aniens. \nanimal. Any living creature other than a human being. \nAlso termed creature. \nanimalferae naturae. See wild animal. \nanimal mansuetae naturae. See domestic animal. \ndangerous animal. An animal that has harmed or has \nthreatened to harm a person or another animal. \ndomestic animal. 1. An animal that is customarily \ndevoted to the service ofhumankind at the time and \nin the place where it is helped. See DOMITAE NATURAE; \nMANSUETAE NATURAE. 2. Any animal that is statutorHy so deSignated. -Also termed animal mansuetae \nnaturae. [Cases: Animals (:::;:> 1.5(3).] \ndomesticated animal. 1. A feral animal that has been \ntamed. 2. An animal that has customarily lived peace\nably with people, such as farm animals and pets. See \nDOMITAE NATURAE. \nferal animal. A domestic animal that has returned to \na wild state. -Feral animals, unlike others of their \nspecies, are usu. unsocialized to people. \nvicious animal.!. An animal that has shown itself to \nbe dangerous to humans. 2. Loosely, one belonging \nto a breed or species that is known or reputed to be \ndangerous. - A vicious animal may be domestic, feral, \nor wild. See VICIOUS PROPENSITY. [Cases: Animals \n(:::;:>66.2,66.5(2).] \nwild animal. 1. An animal that, as a matter ofcommon \nknowledge, are naturally untamable, unpredictable, \ndangerous, or mischievous. See FERAE NATURAE. 2. \nAny animal not statutorily designated as a domestic \nanimal. -Also termed wild creature; animal ferae \nnaturae. [Cases: Animals (:::;:> 1.5(2).] \n\"Wild creatures, such as game, are part of the land and \npass with it, though it cannot be said that they are within \nthe ownership of any particular person. Wild creatures \nwhich have been tamed belong to the person who has \ntamed them, and animals too young to escape belong to \nthe owner ofthe land on which they are, but in each case \nthe owner has only a qualified property in them, for the \nmoment they gain or regain their natural liberty the owner\nship is lost.\" G.c. Cheshire, Modern Law ofReal Property \n118 (3d ed. 1933). \nAnimal and Plant Health Inspection Service. An agency \nin the U.S. Department ofAgriculture responsible for \ncontrolling or eliminating pests and plant diseases by \nregulating the shipment ofagricultural products within \nthe United States -Established in 1977, some of its \nfunctions were transferred to the U.S. Department of \nHomeland Security in 2003. Abbr. APHIS. [Cases: \nAgriculture (:::;:>9.] \nanimal ferae naturae. See wild animal under ANIMAL. \nanimal law, n. lhe field oflaw dealing with vertebrates \nother than humans. -The field cuts across many tra\nditional doctr"}
{"text": ", n. lhe field oflaw dealing with vertebrates \nother than humans. -The field cuts across many tra\nditional doctrinal areas (e.g., contracts, torts, admin\nistrative law) as well as jurisprudence. Topics include \nwildlife-management law, laws concerning treatment \noflaboratory animals, and laws relating to companion \nanimals. [Cases: Animals (:::;:>3.5(1).] \nanimal mansuetae naturae. See domesticated animal \nunder ANIMAL. \nanimo (an-d-moh). [Latin] See ANIMUS (2). \nanimo et corpore (an-tl-moh et kor-ptl-ree), adv. [Latin] \nBy the mind and by the body; by the intention and \nby the physical act of control <possession is acquired \nanimo et corpore>. \nanimo etfacto (an-tl-moh et fak-toh). [Latin] Hist. By \nact and intention. \n\"Thus, for example, in acquiring a domicile, mere residence \nis not suffiCient, if there be not the intention to acquire \n\n103 \nit, as domicile can only be acquired animo et facto.\" John \nTrayner, Trayner's Latin Maxims 21 (4th ed. 1894). \nanimo felonico (an-<J-moh f<J-lon-<J-koh), adv. [Latin] \nWith felonious intent; with the intention to commit \na felony. \nanimus (an+m<Js). [Latin] (1816) 1. III will; animosity. \nclass-based animus. A prejudicial disposition toward \na discernible, usu. constitutionally protected, group \nof persons. A class-based animus is an essential \nelement ofa civil-rights conspiracy case. [Cases: Civil \nRights C:=> 1033(1), 1137; Conspiracy C:=>7.5(1).] \n2. Intention. All the following Latin \"animus\" \nphrases have analogous adverbial forms beginning with \n\"animo\" (the definition merely needing \"with\" at the \noutset). For example, animo furandi means \"with the \nintention to steal,\" animo testandi means \"with testa\nmentary intention,\" etc. \nanimus adimendi (an-<J-m<Js ad-i-men-dr). [Latin] The \nintention to adeem. \nanimus belligerendi (an-<J-m<Js b<J-lij-<J-ren-dr). [Latin] \nThe intention to wage war. \nanimus cancellandi (an-<J-m<Js kan-s<J-Ian-dr). [Latin] \nThe intention to cancel.  This phrase usu. refers to \na will. \nanimus capiendi (an-<J-m<Js kap-ee-en-dr). [Latin] The \nintention to take or capture. \nanimus contrahentium (an-<J-m<Js kon-tr<J-hen\nshee-<Jm). [Latin] The intention of the contracting \nparties. \nanimus dedicandi (an-<J-m<Js ded-<J-kan-dr). [Latin] \nThe intention to donate or dedicate. \nanimus defamandi (an-<J-m<Js def-<J-man-dr). [Latin] \nThe intention to defame. [Cases: Libel and Slander \nC:=>2.] \nanimus derelinquendi (an-<J-m<Js dee-rel-ing-kwen\ndr). [Latin] The intention to abandon. \nanimus deserendi (an-<J-m<Js des-<\"l-ren-dr). [Latin] The \nintention to desert (usu. a spouse, child, etc.). \nanimus differendi (an-<J-m<Js dif-<J-ren-dr). [Latin] The \nintention to obtain a delay . The phrase animo differ\nendi (\"with the intention to obtain a delay\") appeared \nin reference to a presumption that certain actions ofa \ndefendant were designed to obtain a delay. \nanimus domini (an-<J-m<Js dom-<\"l-nr). [Latin] Roman \nlaw. The intent to exercise dominion over a thing; the \nintent to own something. Cf. animus possidendi. \n\"All possession has two elements, a physical and a mental, \nwhich the Romans distinguish as corpus and animus. The \nfirst is the physical relation of the possessor to the object. \nThe second is his sense of that relation. If he is minded to \ndeal with the thing as his own (animus domini -animus \nsibi habendi), no matter whether rightfully or wrongfully, \nhe possesses in the fullest sense.\" R.W. Lee, The Elements \nof Roman Law 179-80 (4th ed. 1956). \nanimus donandi (an-<J-moh doh-nan-dr). [Latin] The \nintention of donating; the intention to give. [Cases: \nGifts C:=> 15.] animus \nanimus et factum (an-<J-m<Js et fak-t<Jm). [Latin \"mind \nand deed\"] The intention and the deed. This phrase \ncan refer to a person's intent to reside in a given \ncountry permanently or for an indefinite period. \nanimus felonicus (an-<J-m<Js fe-loh-ni-k<\"ls). [Latin] The \nintention to commit a felony. [Cases: Criminal Law \nC:=>20.] \nanimus furandi (an-<J-m<Js fyuu-ran-dr). [Latin] The \nintention to steal.  In Roman law, the focus was \non the unauthorized use of property rather than an \nintent to permanently deprive the owner ofit. [Cases: \nLarceny C:=> 1, 3.] \n\"[An] intent to deprive the owner of his property per\nmanently, or an intent to deal with another's property \nunlawfully in such a manner as to create an obviously \nunreasonable risk of permanent deprivation, [is] all that \nis required to constitute the animus furandi-or intent to \nsteal.\" Rollin M. Perkins & Ronald N. Boyce, Criminal Law \n332-33 (3d ed. 1982). \nanimus gerendi (an-<J-m<Js j<J-ren-dr). [Latin] The inten\ntion to act as heir. \nanimus immiscendi et adeundi hereditatem (an-<J\nm<Js im-i-sen-dr et ad-ee-an-dr h<J-red-i-tay-t<Jm). \n[Latin] The intention to meddle with and take up a \nsuccession. \nanimus indorsandi (an-<J-moh in-dor-san-dr). [Law \nLatin] Hist. The intention of indorsing. One who \nindorsed a check animo indorsandi would be liable \nfor the amount ifthe check was dishonored. \nanimus injuriandi (an-<J-m<Js in-j[y]oor-ee-an-dr). \n[Latin] The intention to injure, esp. to insult. \nanimus lucrandi (an-<J-m<Js loo-kran-dr). [Latin] The \nintention to make a gain or profit. \nanimus malus (an-<J-m<Js mal-<Js). [Latin] Evil intent. \nanimus manendi (an-<J-m<Js m<J-nen-dr). [Latin \"will \nto remain\"] The intention to remain; the intention \nto establish a permanent residence. -Also termed \nanimus remandendi. [Cases: Domicile C:=>4(2).] \nanimus morandi (an-<J-m<Js m<J-ran-dr). [Latin \"will \nto tarry\"] The intention to remain. Although \nanimus morandi is broadly synonymous with animus \nmanendi, morandi suggests less permanency. \nanimus nocendi (an-<J-m<Js noh-sen-dr). [Latin] The \nintention to harm. \nanimus obligandi (an-<J-m<Js ahb-li-gan-dr). [Latin] \nThe intention to enter into an obligation. \nanimus occidendi (an-<J-m<Js ahk-si-den-dr). [Latin] \nThe intention to kill. \nanimus possidendi (an-<J-m<Js pah-s<J-den-dr). [Latin] \nRoman law. The intent to possess a thing. Cf. animus \ndomini. \nanimus quo (an-<J-m<Js kwoh). [Latin] The intent with \nwhich; motive. \nanimus recipiendi (an-<J-m<Js ri-sip-ee-en-dr). [Latin] \nThe intention to receive. \n\n104 Annapolis \nanimus recuperandi (an-a-mas ri-k[y]oo-pa-ran-dl). \n[Latin] The intention to recover. \nanimus remanendi (an-a-mas rem-a-nen-dr). [Latin] \nSee animus manendi. \nanimus republicandi (an-a-mas ree-pub-Ia-kan-dI). \n[Latin] The intention to republish. \nanimus restituendi (an-a-mas ra-sti-tyoo-en-dI). \n[Latin] The intention to restore. \nanimus revertendi (an-a-mas ree-var-ten-dI). [Latin] \nThe intention to return (to a place). _ In Roman law, \nthis intent was a factor to deciding whether animals, \nsuch as doves and bees, remained in a person's own\nership. \nanimus revocandi (an-a-mas rev-oh-kan-dI). [Latin] \nThe intention to revoke (a will) <her destruction of \nthe will indicated that she had animus revocandi>. \n[Cases: Wills ()::::> 170.] \nanimus signandi (an-a-mas sig-nan-dI). [Latin] The \nintention to sign. [Cases: Wills ()::::>n.] \nanimus testandi (an-a-mas tes-tan-dI). [Latin] Testa\nmentary intention. \nanimus ulciscendi (an-a-mds al-si-sen-dI). [Latin] The \nintention to take revenge. \nAnnapolis. See UNITED STATES NAVAL ACADEMY. \nannates (an-ayts or an-its), n. [fro Law Latin annata] See \nFIRST FRUITS (2). \nannats (an-ats). See FIRST FRUITS (2). \nannex, n. (l6c) Something that is attached, such as a \ndocument to a report or an addition to a bUilding. \nannexation, n. (17c) 1. The act of attaching; the state of \nbeing attached. 2. Property. The point at which a fixture \nbecomes a part of the realty to which it is attached. \n[Cases: Fixtures ()::::>6.] 3. A formal act by which a \nnation, state, or municipality incorporates land within \nits dominion. _ In international law, the usual formali\nties ofannouncing annexation involve having specially \ncommissioned officers hoist the national flag and read \na proclamation. [Cases: Municipal Corporations \n29.] 4. The annexed land itself. Cf. ACCESSION (5). \nannex, vb. \ncherry-stem annexation. 1. Annexed land that resem\nbles (on a map) a cherry because the annexed ter\nritory the cherry -is not contiguous to the \nacquiring municipality, and the narrow corridor of \nannexed land leading to the targeted area resembles \na stem. [Cases: Municipal Corporations ()::::>29(4).] \n2. The process of annexing land with this configu\nration. \nanniversary date. Insurance. The annually recurring date \nofthe initial issuance ofa policy. Cf. POLICY YEAR. \nann, jour, et wast (an, zhoor, ay wayst). [Law French] See \nYEAR, DAY, AND WASTE. \nanno ante Christum (an-oh an-tee kris-tam), adv. [Latin] \nIn the year before Christ. Abbr. A.A.C. anna ante Christum natum (an-oh an-tee kris-tam \nnay-tam), adv. [Latin] In the year before the birth of \nChrist. Abbr. A.A.e.N. \nAnno Domini (an-oh dom-a-m or -nee). [Latin \"in the \nyear of the Lord\"] Since the supposed year in which \nJesus Christ was born; ofthe current era <A.D. 1776>.\nAbbr. A.D. -Also termed in the year ofOur Lord. Cf \nC.E. \nannonae civiles (a-noh-nee sa-vI-leez), n. [Latin] Rist. \nYearly rents issuing out ofparticular lands and payable \nto certain monasteries. \nan no orbis conditi (an-oh or-bis kon-di-tI), n. [Latin] \nThe year ofthe creation of the world. -Abbr. AOe. \nAnno Regni (an-oh reg-m). [Latin) In the year of the \nreign. -A.R.V.R. 22, for example, is an abbreviated \nreference to Anno Regni Victoriae Reginae vicesimo \nsecundo (\"in the twenty-second year of the reign of \nQueen Victoria\"). -Abbr. A.R. \nannotatio (an-oh-tay-shee-oh). [Latin] RESCRIPT (3). \nannotation (an-a-tay-shan), n. (lSc) 1. A brief summary \nof the facts and decision in a case, esp. one involving \nstatutory interpretation. 2. A note that explains or criti\ncizes a source oflaw, usu. a case. -Annotations appear, \nfor example, in the United States Code Annotated \n(USCA). 3. A volume containing such explanatory or \ncritical notes. 4. RESCRIPT (3). Cf. NOTE (2). annotate \n(an-a-tayt), vb. annotative (an-a-tay-tiv), adj. \nannotator (an-a-tay-tar), n. \n\"One of the most important classes of Search Books is \nthose included in the category of Annotations. They are \nimportant and valuable. in that they often purport to \ngive. in very condensed form. some indication of the law, \ndeduced from the cases or statutes. as well as to point out \nwhere similar cases can be found: William M. Lile et aI., \nBrief Making and the Use of Law Books 84 (3d ed. 1914). \nannounce,"}
{"text": "\nBrief Making and the Use of Law Books 84 (3d ed. 1914). \nannounce, vb. To make publicly known; to proclaim \nformally <the judge announced her decision in open \ncourt>. \nannoyance. See NUISANCE (1). \nannual account. See intermediate account under \nACCOUNT. \nannual crops. See CROPS. \nannual depreciation. See DEPRECIATION. \nannual exclusion. See EXCLUSION (1). \nannual gift-tax exclusion. See annual exclusion under \nEXCI.USION. \nannual meeting. See MEETING. \nannual message. See MESSAGE. \nannual percentage rate. See INTEREST RATE. \nannual permit. A permit, required by some states, that \nmust be paid each year by a corporation that does \nbusiness in the state. -In some states, the permit fee is \nset according to the corporation's capitalization. \nannual report. A yearly corporate financial report \nfor shareholders and other interested parties. -The \nSecurities Exchange Act of 1934 requires registered \n\n105 \ncorporations to file an annual report on the SEC's \nForm lO-K. An annual report includes a balance sheet, \nincome statement, statement ofchanges in financial \nposition, reconciliation of changes in owners' equity \naccounts, a summary of significant accounting prin\nciples, other explanatory notes, the auditor's report, \nand comments from management about prospects for \nthe coming year. Also termed annual statement; \nfinancial report. \nannual value. See VALUE (2). \nannua pensione. See DE ANNUA PENSIONE. \nannuitant (<l-n[Y]OO-<l-t<lnt), n. (18c) A beneficiary ofan \nannuity. [Cases: Annuities C=>27.] \nannuity (<l-n[y]oo-<l-tee). (15c) 1. An obligation to pay \na stated sum, usu. monthly or annually, to a stated \nrecipient. These payments terminate upon the death \nof the designated beneficiary. [Cases: Annuities \n15.]2. A fixed sum ofmoney payable periodically. 3. A \nright, often acquired under a life-insurance contract, \nto receive fixed payments periodically for a specified \nduration. Cf. PENSION. 4. Patents. See MAINTENANCE \nFEE. 5. A savings account with an insurance company \nor investment company, usu. established for retirement \nincome. Payments into the account accumulate tax\nfree, and the account is taxed only when the annuitant \nwithdraws money in retirement. \nannuity certain. An annuity payable over a specified \nperiod, regardless ofwhether the annuitant dies before \nthe period ends. Also termed term annuity. \nannuity due. An annuity that makes payments at the \nbeginning of each pay period. Cf. ordinary annuity. \ncash-refund annuity. An annuity providing for a \nlump-sum payment after the annuitant's death ofthe \ndifference between the total received and the price \npaid. \nconstituted annuity. Louisiana law. An annuity that \nhas a maximum duration of lO years and, under some \ncircumstances, can be redeemed before the term's \nexpiration. La. Civ. Code art. 2796. \ncontingent annuity. 1. An annuity that begins making \npayments when some future event occurs, such as the \ndeath of a person other than the annuitant. 2. An \nannuity that makes an uncertain number of payments, \ndepending on the outcome ofa future event. \ncontinuing annuity. See survivorship annuity. \ndeferred annuity. An annuity that begins making \npayments on a specified date if the annuitant is alive at \nthat time. Also termed deferred-payment annuity. \nCf. immediate annuity. \nfixed annuity. An annuity that guarantees fixed \npayments, either for life or for a specified period. \ngroup annuity. An annuity payable to members of a \ngroup, esp. employees, who are covered by a single \nannuity contract, such as a group pension plan. annuity \nimmediate annuity. An annuity paid for with a single \npremium and that begins to pay benefits within the \nfirst payment interval. Cf. deferred annuity. \njoint annuity. An annuity payable to two annuitants \nuntil one of them dies, at which time the annuity \nterminates for the survivor (unless the annuity also \nprovides for survivorship rights). See survivorship \nannuity. \nlife annuity. An annuity payable only during the \nannuitant's lifetime, even if the annuitant dies pre\nmaturely. \nlife-income period-certain annuity. An annuity that \npays a specified number of payments even if the \nannuitant dies before the minimum amount has \nbeen paid. \nnonrefund annuity. An annuity with guaranteed \npayments during the annuitant's life, but with no \nrefund to anyone at death. Also termed straight \nlife annuity; pure annuity. \nordinary annuity. An annuity that makes payments at \nthe end ofeach pay period. Cf. annuity due. \nprivate annuity. An annuity from a private source \nrather than from a public or life-insurance \ncompany. \npure annuity. See nonrefund annuity. \nrefund annuity. An annuity that, upon the annuitant's \ndeath, pays to the annuitant's estate the difference \nbetween the purchase price and the total payments \nreceived during the annuitant's lifetime. \nretirement annuity. An annuity that begins making \npayments only after the annuitant's retirement.  \nIfthe annuitant dies before retirement, an agreed \namount will usu. be refunded to the annuitant's \nestate. \nsingle-premium deferred annuity. An annuity for \nwhich a party pays a lump-sum premium in exchange \nfor receiving a specified sum at a future date . The \nincome earned on the investment is tax-free until it \nis withdrawn. Abbr. SPDA. [Cases: Annuities C=> \n15.] \nstraight annuity. An annuity that makes payments \nin fixed amounts at periodic intervals. Cf. variable \nannuity. \nstraight life annuity. See nonrefund annuity. \nsurvivorship annuity. An annuity providing for con\ntinued payments to a survivor, usu. a spouse, after \nthe original annuitant dies. Also termed continu\ning annuity. \ntax-deferred annuity. See 403(b) plan under EMPLOYEE \nBENEFIT PLAN. \ntax-sheltered annuity. See 403(b) plan under EMPLOYEE \nBENEFIT PLAN. \nterm annuity. See annuity certain. \nvariable annuity. An annuity that makes payments \nin varying amounts depending on the success of the \n\n106 annuity bond \nunderlying investment strategy. See variable annuity \ncontract under CONTRACT. Cf. straight annuity. \nannuity bond. See BOND (3). \nannuity certain. See ANNUITY. \nannuity depredation method. See DEPRECIATION \nMETHOD. \nannuity insurance. See INSURANCE. \nannuity policy. An insurance policy providing for \nmonthly or periodic payments to the insured to begin at \na fixed date and continue through the insured's life. \nannuity t~nst. See TRUST. \nannulment (a-nal-mant), n. (15c) 1. The act ofnullifying \nor making void; VOIDANCE. 2. A judicial or ecclesias\ntical declaration that a marriage is void. -An annul\nment establishes that the marital status never existed. \nSo annulment and dissolution ofmarriage (or divorce) \nare fundamentally different: an annulment renders a \nmarriage void from the beginning, while dissolution \nof marriage terminates the marriage as of the date \nof the judgment of dissolution. Although a marriage \nterminated by annulment is considered never to have \noccurred, under modern ecclesiastical law and in most \nstates today a child born during the marriage is not con\nsidered illegitimate after the annulment. C DIVORCE. \n[Cases: Children Out-of-Wedlock C=> 1; Marriage \n56.] 3. A rescission. See RESCIND (3). -annul (a-nal), \nvb. \nannulment of adoption. See ABROGATION OF \nADOPTION. \nannulment ofjudgment. A retroactive obliteration of \na judicial decision, haVing the effect of restoring the \nparties to their pretrial positions. -Types ofannulment \ninclude reversal and vacation. See REVERSE; VACATE \n(1). \nannum luctus (an-am lak-tas), n. [Latin \"year of \nmourning\"] Roman law. The year following the death \nof a married man during which his widow could not \nremarry, because ofthe confusion that would ensue in \ndetermining the parentage ofa child born a few months \nafter a second marriage within that year. -Also some\ntimes termed year in mourning. \nannus (an-<ls). [Latin] A year. \nannus continuus (an-as kan-tin-yoo-ds). [Latin \"a con\ntinuous year\"] Roman law. A straight 365-day period, \nwithout interruption. Cf. ANNUS UTILIS. \nann us deliberandi (an-as dil-lib-a-ran-dI). [Latin \"the \nyear for deliberating\"] Scots law. The year during which \nan heir could determine whether to enter an inheritance \nand represent an ancestor. The period was later short\nened to six months. See DAMNOSA AUT LUCROSA. \n''The entry of an heir infers serious responsibilities, and \ntherefore the year is allowed for consideration. The annus \ndeliberandi commences on the death of the ancestor, \nunless in the case of a posthumous heir, in which case the \nyear runs from the heir's birth.\" William Bell, Bell's Diction\naryand Digest of the Law of Scotland 47 (George Watson \ned., 7th ed. 1890). annus, dies, et vastum (an-as, dI-eez, et vas-tam). [Law \nLatin] See YEAR, DAY, AND WASTE. \nannus et dies (an-as et dI-eez). [Law Latin] A year and a \nday. See YEAR-AND-A-DAY RULE. \nannus utitis (an-dS yoo-td-lis). [Latin \"a year that can \nbe used\"] Roman law. A 365-day period during which \nlegal rights could be exercised, not including days \nwhen the courts were closed or when a person could \nnot otherwise pursue those rights; a year made up ofthe \navailable days for conducting legal business. Cf. ANNUS \nCONTINUUS. \nannuus reditus (an-as red-a-tds). [Law Latin] A yearly \nrent. \nanomalous indorsement. See irregular indorsement \nunder INDORSEMENT. \nanomalous jurisdiction. See JURISDICTION. \nanomalous-jurisdiction rule (a-nom-d-Ias). The prin\nciple that a court ofappeals has provisional jurisdiction \nto review the denial ofa motion to intervene in a case, \nand if the court of appeals finds that the denial was \ncorrect, then its jurisdiction disappears -and it must \ndismiss the appeal for want ofjurisdiction because \nan order denying a motion to intervene is not a final, \nappealable order. 'Ihis rule has been criticized by \ncourts and commentators. Many appellate courts, upon \nfinding that the trial court properly denied a motion \nto intervene, will affirm the denial instead of dismiss\ning the appeal for want ofjurisdiction. Sometimes \nshortened to anomalous rule. [Cases: Federal Courts \n587.] \nanomalous plea. See PLEA (2). \nanomalous pleading. See PLEADING (1). \nanomalous rule. See ANOMALOUS-JURISDICTION RULE. \na non domino (ay non dom-d-noh). [Law Latin] Hist. \nFrom one who is not the proprietor. \na non habente potestatem (ay non ha-ben-tee poh-tes\ntay-tdm). [Latin] Scots law. From one not having power. \n-This phrase appeared most commonly in a convey\nance in reference to a seller who was not the owner. \n\"If A. disponed ground, which he held on a personal title, \nto B., he could not grant warrant for the infeftment of B. \nhimself being uninfeft; but he could assign to B. the unexe \ncuted precept of sasine in his (A.'s) own favour, and on it B. \ncould complete his feudal title. If, instead of thus assigning \na valid precept, A. himself granted a precept for the infeft \nment of B., such a precept was a non habente potestatem, \nand ineffectual. This was a defect, however, which was \nremedied by prescription.\" John Trayner, Trayner's Latin \nMaxims 5 (4th ed. 1894). \nanonymous, adj. (17c) Not named or identified <the \npolice arrested the defendant after a tip from an anony\nmous informant>. anonymity (an-a-nim-a-tee), n. \nanouymous case. A reported case in which the word \n\"anonymous\" is substituted for at least one party's name \nto conceal the party's identity. See, e.g., Anonymous v. \nAnonymous, 735 N'y.S.2d 26 (App. Div. 2001). \nanonymous work. See WORK (2). \n\n107 \nanoysance (a-noy-z;mts), n. [Law French] Hist. An \nannoyance or nuisance. See NUISANCE. \nANSI. abbr. AMERICAN NATIONAL STANDARDS INSTI\nTUTE. \nanswer, n. (bef. 12c) 1. A defendant's first pleading that \naddresses the merits ofthe case, usu. by denying the \nplaintiffs allegations. An answer usu. sets forth \nthe defendant's defenses and counterclaims. [Cases: \nFederal Civil Procedure (;:::;, 731-786; Pleading \n76-100, 146.] \nfalse answer. (18c) A sham answer in a pleading. See \nsham pleading under PLEADING ("}
{"text": "\nfalse answer. (18c) A sham answer in a pleading. See \nsham pleading under PLEADING (1). [Cases: Federal \nCivil Procedure (;:::;, 1139; Pleading (;:::;,359.] \n2. A person's, esp. a witness's, response to a question \nposed. \nevasive answer. (17c) A response that neither directly \nadmits nor denies a question . In discovery, this is \nconsidered a failure to answer. Fed. R. Civ. P. 37(a) \n(3). \nunresponsive answer. (1891) Evidence. A response from \na witness (usu. at a deposition or hearing) that is irrel\nevant to the question asked. -Also termed nonre\nsponsive answer. [Cases: Witnesses (;:::;,248.] \n3. Patents. A patent applicant's response to an office \naction. [Cases: Patents (;:::;,104.] \nanswer, vb. (12c) 1. To respond to a question, a pleading, \nor a discovery request <the company failed to answer \nthe interrogatories within 30 days>. [Cases: Pretrial \nProcedure (;:::>301; Pleading (;:::;,76-100; Federal Civil \nProcedure 1531.1 2. To assume the liability of \nanother <a guarantor answers for another person's \ndebt>. 3. To pay (a debt or other liability) <she promised \nto answer damages out ofher own estate>. \nanswer date. See answer day under DAY. \nanswer day. See DAY. \nanswer in subsidium. Hist. In equity pleading, an answer \nsupporting a plea. \nantapocha (ant-ap-a-b). [Latin \"counter-receipt\"] \nRoman & civil law. A counterpart to a receipt (i.e., \nan apocha), Signed by the debtor and delivered to the \ncreditor as proofofpayment. Cf. APOCHA. \nante (an-tee), prep. [Latin] Before. Cf. POST. \nantea (an-tee-a), adv. [LatinJ Formerly; heretofore. \nantecedent (an-t,,-see-d~nt), adj. (14c) Earlier; preexist\ning; previous. antecedent (preceding thing), n. \nantecedence (quality or fact ofgoing before), n. \nantecedent basis. Patents. A general word or phrase in \na patent claim or description to which a later specific \nword or phrase must refer. Claims will be rejected \nas impermissibly vague or indefinite ifthe latter word \nis not clearly connected to its antecedent, because the \nwording becomes ambiguous. In general, a term is \nfirst introduced with an indefinite article and is later \nreferred to with the definite article (or said). [Cases: \nPatents (;::.::> 101(6).J antenatus \nantecedent claim. A preexisting claim. Under the \nUCC, a holder takes an instrument for value if it is \ntaken for an antecedent claim. UCC  3-303. \nantecedent debt. See DEBT. \nantecessor (an-ta-ses-~r or an-ta-ses-ar), n. [Latin]!. \nRoman law. A professor oflaw. 2. Hist. An ancestor. 3. \nHist. A predecessor to an office. \nantedate (an-ti-dayt), vb. (16c) 1. To affix with a date \nearlier than the true date; BACKDATE (1) <antedate a \ncheck>. 2. To precede in time <the doctrine antedates \nthe Smith case by many years>. Also termed predate. \nCf. POSTDATE. -antedate, n. \nantedating ofa prior-art reference. Patents. The removal \nofa publication, a U.S. patent, or a foreign patent cited \nas prior art against the application by filing an affidavit \nor declaration establishing the applicant's completion \nofthe invention in this country, or in another NAFTA \nor WTO member country, before the effective date \nofthe cited reference . The term applies only to U.S. \npatent applications. An issued patent may also antedate \na prior-art reference ifthe conception predates the prior \nart and the inventor used due diligence in reducing the \nconcept to practice. -Also termed antedating a ref\nerence; swearing behind a prior art reference; carrying \nback the date ofinvention. [Cases: Patents (;:::>62(1).] \nante exhibitionem billae (an-tee ek-si-bish-ee-oh-nam \nbil-ee). Before the exhibition of the bill; i.e., before a \nsuit has begun. \nante factum. A thing done before; a previous act or \nfact. Also spelled ante-factum. \nante litem. [Latin] Before litigation. \nante litem motam (an-tee iI-tern moh-tdm). [Law Latin \n\"before the lawsuit was started\"] Hist. Before an action \nhas been raised; before a legal dispute arose i.e., at \na time when the declarant had no motive to lie . This \nphrase was generally used in reference to the eviden\ntiary requirement that the acts upon which an action is \nbased occur before the action is brought. In Scotland, \nthe phrase also referred to the obligation ofan estate \nintromitter to become confirmed as executor of the \nestate before a creditor could sue the estate. Other\nwise, the intromitter could be held personally liable \nfor the decedent's debts. -Sometimes shortened to \nante litem. \nante meridiem (an-tee ma-rid-ee-dm). [Latin] Before \nnoon. -Abbr. a.m.; A.M. \nante mortem. [Latin] Before death. \nante mortem interest (an-tee mor-t~m). [Latin] An \ninterest existing before (but not after) a transferor's \ndeath. \nante mortem statement. See dying declaration under \nDECLARATION (6). \nantenatus (an-tee-nay-tas). [Law Latin] A person born \nbefore a certain political event that affected the person's \npolitical rights; esp., a person born before the signing \nof the Declaration ofIndependence. Cf. POSTNATUS. \nPi. antenati. \n\n108 antenuptial \nantenuptial (an-ti-nap-shal), adj. See PRENUPTIAL. \nantenuptial agreement. See PRENUPTIAL AGREEMENT. \nantenuptial contract. See PRENUPTIAL AGREEMENT. \nantenuptial gift. See prenuptial gift under GIFT. \nantenuptial will. See prenuptial will under WILL. \nante omnia (an-tee ahm-nee-a). [Latin] Hist. 1. Before \nanything else is done; first of all. -Objections that \ncould bar the litigation were usu. discussed ante omnia. \n2. Above all other things. \nante redditas rationes (an-tee red-a-tas ray-shee-oh\nnis or rash-). [Law Latin] Scots law. Before accounts \nare rendered. - A tutor could not file an action against \na minor to recover payments unless the tutor first \nprovided an accounting ofthe ward's estate. \nanthropometry (an-thr;)-pom-;)-tree). A system of \nmeasuring the human body, esp. the size relation\nships among the different parts. -Before the advent of \nfingerprinting, minute measurements of the human \nbody taken and compared to other persons' mea\nsurements were used to identifv criminals and \ndeceased persons. Cf. BERTILLON SYSTEM. -anthro\npometric, adj. \nAnti-Assignment Act. A federal statute prohibiting the \nassignment or transfer of claims against the United \nStates. 31 USCA  3727. [Cases: United States C=> \nllll \nanti-assignment-in-gross rule. Trademarks. The \ndoctrine that an assignment of a mark without the \ngoodwill symbolized by the mark is invalid. -Although \ntrademark rights are not destroyed when a mark is \nassigned in gross, the failure ofthe assignor to continue \nto use the mark, coupled with an ineffective transfer, \nmay result in abandonment. -See assignment in gross \nunder ASSIGNMENT. [Cases: Trademarks C=> 1201.] \nantibootleg, adj. Copyright. Ofor pertaining to an effort \nto combat or discourage illegal recording, distribution, \nand sale of unauthorized reproductions of live and \nbroadcast performances. -The federal antibootleg \nstatute, 18 USCA  2319A, and the antibootleg statutes \nofseveral states criminalize bootlegging activities. See \nANTIBOOTLEG STATUTE. [Cases: Copyrights and Intel\nlectual PropertyC=>70.j antibootlegging, n. \nantibootleg statute. Copyright. A law, esp. a state law, \nthat prohibits making, distributing, or selling an unau\nthorized recording of a live performance. [Cases: Copy\nrights and Intellectual Property C=> 108.] \nantichresis (an-ti-kree-sis). [Latin \"in place ofinterest\"] \nRoman & civil law. A mortgage in which the mortgagee \nretains possession of the mortgaged property and \ntakes the fruits (such as rents) of the property in lieu \nof interest on the debt. La. Civ. Code art. 3176. [Cases: \nMortgages \n\"Under the Civil Code of Louisiana, taken from the Code \nNapoleon, there are two kinds of pledges: the pawn, when \na movable is given as security, and the antichresis, when \nthe security given consists in immovables or real estate. \nUnder the latter the creditor acquires the right to take the \nrents and profits of the land, and to credit, annually, the same to the interest, and the surplus to the principal of \nthe debt, and is bound to keep the estate in repair, and to \npay the taxes. Upon default upon the part of the debtor, \nthe creditor may prosecute the debtor, and obtain a decree \nfor selling the land pledged.\" 3 James Kent, Commentaries \non American Law*403-04 (George Comstock ed., 11th ed. \n1866). \nantichurning rule. Tax. A statutory or regulatory provi\nsion that denies certain tax advantages, esp. accelerated \ndepreciation and amortization schedules, to taxpayers \nwho acquire property in a transaction that does not \nresult in a significant change in the property's owner\nship or use. See CHURNING (2). \nanticipated, adj. Patents. (Of a patent claim) having all \nthe same elements ofa prior-art reference. -Ifa claim \nis anticipated by a previous invention or publication, \nthat claim is not allowable; ifa patent has already been \nissued it will be declared invalid. -Also termed fully \nmet. [Cases: Patents \nanticipated compromis. See general compromis under \nCOMPROMIS. \nanticipation. 1. The distribution or receipt of trust \nincome before it is due. 2. Patents. The prior inven\ntion or disclosure ofthe claimed invention by another, \nor the inventor's own disclosure ofthe claimed inven\ntion by publication, sale, or offer to sell if that disclo\nsure predates the date of the patent-application filing \nby more than one year. -By disproving the claim's \nnovelty, anticipation bars the allowance ofa claim and \nprovides a defense to an action for infringement based \non that claim. See NOVELTY; prior art under ART. [Cases: \nPatents C=>50.1.] anticipate, vb. \n\"Anticipation implies spoiling something for someone, by \ngetting in ahead; obviously this can only be done by a \ndevice (or description of a device), and only to a patent.\" \nRoger Sherman Hoar, Patent Taaics and the Law 51 (3d \ned. 1950), \nanticipatory breach. See BREACH OF CONTRACT. \nanticipatory filing. The bringing of a lawsuit or regula\ntory action against another with the expectation that \nthe other party is preparing an action of its own. -If \nproperly brought, an anticipatory filing may determine \nprocedural matters such as jurisdiction and venue. \nSee FIRST-TO-FILE RULE; RACE TO THE COURTHOUSE. \n[Cases: Federal Courts C=> 1145.] \nanticipatory nuisance. See NUISANCE. \nanticipatory offense. See inchoate offense under OFFENSE \n(1). \nanticipatory replication. See REPLICATION. \nanticipatory repudiation. See REPUDIATION. \nanticipatory search warrant. See SEARCH WARRANT. \nanticircumvention device. Copyright. An apparatus \ndeSigned to prevent bypassing, avoiding, removing, \ndeactivating, or impairing a technological measure that \ncontrols access to a work protected by copyright; an \napparatus in a media player or receiver, such as a DVD \nor a TV satellite dish, deSigned to prevent unauthor\nized use or duplication of copyrighted material. [Cases: \nCopyrights and Intellectual Property C=>67.3.] \n\n109 \nanticompetitive, adj. Having a tendency to reduce or \neliminate competition . This term describes the type \nofconduct or circumstances generally targeted by anti\ntrust laws. Cf. PROCOMPETITIVE. \nanticompetitive conduct. Antitrust. An act that harms \nor seeks to harm the market or the process of com\npetition among businesses, and that has no legitimate \nbusiness purpose. \nanticontest clause. See NO-CONTEST CLAUSE. \nAnticounterfeiting Consumer Protection Act. Trade\nmarks & Copyright. A federal law to discourage coun\nterfeiting oftrademarks and copyrighted merchandise \nsuch as computer programs, phonorecords, and motion \npictures. The law imposes criminal liability for traf\nficking in counterfeit goods and services (18 USCA \n 2318), provides for the seizure of counterfeit goods \n(15 USCA  1116 (d)(9), and provides enhanced statu\ntory civil penalties (IS USCA  1117(c. -Abbr. ACPA. \n[Cases: Copyrights and Intellectual Property (;::>70; \nTrademarks (;::> 1432.] \nAnticybersquatting Consumer Protection Act. Trade\nmarks. A 1999 federal law authorizing a trademark \nowner to obtain a federal-court order transferring \nownership ofa domain name from a cybersquatter to \nthe trademark owner. A mark's owner must show \nthat (1) the mark and the domain name are identical or \nconf"}
{"text": "\nthe trademark owner. A mark's owner must show \nthat (1) the mark and the domain name are identical or \nconfusingly similar; (2) the mark was distinctive when \nthe domain name was first registered; (3) the trade\nmark's owner used the mark commercially before the \ndomain name was registered; and (4) the domain reg\nistrant acted in bad faith and intended to profit from \nthe trademark's use. Registering a domain name with \nthe intent to sell it to the trademark owner is presump\ntively an act ofbad faith. But ifa defendant can prove a \nlegitimate reason for the domain-name registration, the \ndefendant may be allowed to keep the name. -Abbr. \nACPA. Also termed Trademark Cyberpiracy Preven\ntion Act. [Cases: Trademarks (;::> 1490-1503.] \nantidefidency legislation. See LEGISLATION. \nantideficiency statute. See antideficiency legislation \nunder LEGISLATION. \nantidestructibility statute. See DESTRUCTIBILITY OF \nCONTINGENT REMAINDERS. \nantidestruction clause. A provision in a security pro\ntecting a shareholder's conversion rights, in the event of \na merger, by granting the shareholder a right to convert \nthe securities into the securities that will replace the \ncompany's stock when the merger is complete. See con\nvertible security under SECURITY. \nantidilution act. Trademarks. A statute prohibiting \nactions that are likely to lessen, diminish, or erode a \nfamous mark's capacity to identify and distinguish \ngoods and services, without regard to whether the \naction creates a likelihood ofconfusion, mistake, or \ndeception. The Federal Trademark Dilution Act \nprovides relief against another's commercial use ofa \nmark or tradename that dilutes the distinctive quality \nof a famous mark. More than half the states also have Anti-Injunction Act \nantidilution statutes, which are based on the Inter\nnational Trademark Association's 1964 Model State \nTrademark Bill. -Also termed antidilution statute. \n[Cases: Trademarks (;::> 1450-1473.] \nantidilution provision. A convertible-security provision \nthat safeguards the conversion privilege from share \nsplits, share dividends, or other transactions that might \naffect the conversion ratio. See CONVERSION RATIO; \nDILUTION (2). [Cases: Corporations 116.] \nantidissection rule. Trademarks. A rule. applied in com\nparing potentially conflicting marks, that requires that \nthe marks be compared as a whole or as they are viewed \nby consumers in the marketplace, not broken down \ninto their component parts. The antidissection rule \ndoes not preclude an analysis ofthe dominant and sub\nordinate features ofa mark to determine which features \nof the mark make the most significant impression on \nconsumers, but the mark must still be considered in \nits entirety. See TOUT ENSEMBLE. [Cases: Trademarks \n(;::>1097.] \nantidumping duty. See antidumping tariff under TARIFF \n(3). \nantidumping law. A statute designed to protect domestic \ncompanies by preventing the sale of foreign goods \nat less than fair value, as defined in the statute (for \nexample, at a price below that ofthe domestic market). \nSee DUMPING. [Cases: Customs Duties \nantidumping tariff. See TARIFF (2). \nanti-evolution statute. Hist. A law that forbids the \nteaching ofthe theory of evolution in schools. Such \nstatutes were held unconstitutional as violative ofthe \nEstablishment Clause in Epperson v. Arkansas, 393 \nU.S. 97, 89 S.Ct. 266 (1968). -Also termed evolution \nstatute. See CREATIONISM. [Cases: Constitutional Law \n(;::> 1354(2); Schools (;::> l64.] \nantifraud rule. See RULE lOB-5. \nantigraph (an-ti-graf). Archaic. A copy or counterpart \nofan instrument. \nantigraphus (an-tig-ra-fas), n. [Law Latin] Hist. An \nofficer who maintains tax revenues; a comptroller. \nantiharassment order. See ORDER (2). \nantihazing statute. A (usu. criminal) law that prohibits \nan organization or members of an organization from \nrequiring a prospective member, as a condition of \nmembership, to do or submit to any act that presents a \nsubstantial risk of physical or mental harm. In 1874 \nCongress passed the first antihazing statute, directed \nat stopping haZing by midshipmen at the United States \nNaval Academy. Most states have passed their own \nantihazing statutes. -Also termed hazing statute. \nanti-heartbalm statute. See HEARTBALM STATUTE. \nAnti-Injunction Act. A federal statute providing that \na federal court may not enjoin state-court proceed\nings unless an injunction is (1) expressly authorized \nby Congress, (2) necessary for the federal court's in rem \njurisdiction, or (3) necessary to prevent relitigation of \na judgment rendered by the federal court. 28 USCA \n\n110 anti-john law \n 2283. See NORRIS-LA GUARDIA ACT. [Cases: Courts \nC;:::>S08.j \nanti-john law. A criminal-law statute punishing prosti\ntutes' customers. [Cases: Prostitution C;:::>16.] \nantilapse statute. (1937) Wills & estates. A statute that \nsubstitutes certain heirs ofsome types oftestamentary \nbeneficiaries when the beneficiary has predeceased the \ntestator and permits them to take the gift, which would \notherwise fail and thus pass to the residuary beneficiary \n(if any) or to the intestate heirs . Under the common \nlaw and the laws of all states, a testamentary benefi\nciary must survive a testator or else the gift is said to \nlapse. Ahhough most states have enacted antilapse \nstatutes, their terms vary from state to state. -Also \ntermed lapse statute; nonlapse statute. [Cases: Wills \nC;:::>774-777.] \nantilynching law. A statute that criminalizes any unjus\ntified act of violence by two or more people against \nanother, regardless of race . Such laws were originally \npassed to stop all forms of extralegal violence aimed \nat black people. -Also termed lynching law. [Cases: \nHomicide C;:::>S04.] \nantimanifesto. Int'llaw. A proclamation in which a bel\nligerent power asserts that the war is a defensive one \nfor that power. \nantimarital-facts privilege. See marital privilege (2) \nunder PRIVILEGE (3). \nantinomia (an-ti-noh-mee-,,). [Greek] Roman law. An \nambiguity in the law. See ANTINOMY. \nantinomy (an-tin-,,-mee), n. (16c) A contradiction in \nlaw or logic; esp., a conflict ofauthority, as between two \ndecisions <antinomies in the caselaw>. antinomic \n(an-ti-nom-ik), adj. \nantipiracy, adj. Copyright & Trademarks. Of or per\ntaining to an effort to combat or discourage illegal \nreproduction, distribution, or use of copyrighted or \ntrademarked products <an antipiracy group>. [Cases: \nCopyrights and Intellectual Property C;:::>70; Trade\nmarks C;:::> 1423.] \nantiqua custuma (an-tl-kwa kils-t[y]oo-m,,). [Law Latin \n\"ancient customs\"] Hist. A tax on wool, woolfells, and \nleather, under St. 3 Edw . The distinction between \nantiqua custuma and nova custuma arose when the \nking imposed new taxes on the same articles in the \n22nd year ofhis reign. Cf. NOVA CUSTUMA. \nantiqua et nova (an-tI-kw\" et noh-v,,). [Latin] Hist. Old \nand new (rights). \n\"Antiqua et nova .... The technical terms in our law \nequivalent to these Latin terms are, heritage and conquest; \nheritage (antiqua) being that estate to which anyone \nsucceeds as heir; conquest (nova) that which he succeeds \nto or acquires by purchase, gift, or any singular title. The \ndistinction between heritage and conquest is now abol\nished, 37 & 38 Vict. cap. 94,  37:John Trayner, Trayner's \nLatin Maxims 50 (4th ed. 1894). \nantiquare (an-ti-kwair-ee), vb. [Latin] Roman law. 1. \nTo reject a proposal for a new law . Ihose who voted \nagainst a proposed law wrote on their ballots the letter \"A:' for antiquo (\"I am for the old law\"). 2. To repeal \na law. \nantiqua statuta (an-tI-kw\" sta-t[yJoo-t,,). See VETERA \nSTATUTA. \nantiquum dominicum (an-tI-kw\"m da-min-i-bm). \n[Law Latin] Ancient demesne. See DEMESNE. \nantiquus et novus extentus (an-tl-kw\"s et noh-vas \nek-sten-tas). [Law Latin] Scots law. Old and new extent. \n The phrase appeared in reference to the valuation \nofland for tax purposes, with old valuations assessed \nin the year 1280, and new valuations assessed several \ntimes after that date. Cf. QUANTUM NUNC VALENT; \nQUANTUM VALUERUNT TEMPORE PACIS. \nantishelving clause. Patents. A provision in a patent\nlicenSing contract, usu. one in which payment is based \non royalties, requiring the licensee to put the patented \narticle into commercial use within a specified time and \nto notify the patentee if the licensee decides to stop \nselling or manufacturing it.  The licensee generally \nagrees to commercially exploit the patent or else risk \nlOSing the license or exclUSivity. Antishelving clauses \nare also used in trademark licenses. Also termed \nantishelving provision; shelving clause; shelVing provi\nsion. [Cases: Patents C;:::>21l(1).] \nantisocial behavior order. English law. A judicial order \nprohibiting a person from certain types of conduct, \npotentially including conduct that is otherwise legal, \nwhere the conduct is likely to cause harm or distress to \na nonoccupant of the individual's household. ABSOs \nwere introduced in Great Britain by the Crime and \nDisorder Act 1998. Abbr. ABSO or ASBO. \nantisocial personality disorder. See PSYCHOPATH. \nantispamming law. A statute enacted to combat or crim\ninalize the sending of unsolicited commercial e-maiL \n Many states have such a law. See SPAM. [Cases: Tele\ncommunications C;:::> 1343.] \nantistructuring statute. A federal law that forbids struc\nturing monetary transactions with the intent to evade \nfederal reporting requirements. [Cases: United States \nantisubrogation rule (an-tee-s\"b-roh-gay-sh\"n). Insur\nance. The principle that an insurance carrier has no \nright of subrogation -that is, no right to assert a \nclaim on behalf of the insured or for payments made \nunder the policy against its own insured for the risk \ncovered by the policy. See SUBROGATION. [Cases: Insur\nance C;:::>3SlO.] \nantisuit, adj. Of or relating to a court order forbidding \nthe defendant in a lawsuit, pending or resolved, from \nfiling a similar action against the same party in another \njurisdiction. _ The purpose ofan antisuit order is usu. \nto prevent forum-shopping. See RES JUDICATA; COL\nLATERAL ESTOPPEL. [Cases: Courts C;:::>S16; Injunction \n32,33.] \nantisuit injunction. See INJUNCTION. \nantitakeover measure. A provision in a company's \norganizational documents intended to discourage \n\n111 \nunwanted takeover bids by setting forth the actions \nthe company may take, as a target, to avoid an invol\nuntary takeover. \nantitakeover statute. A state law deSigned to protect \ncompanies based in the state from hostile takeovers. \nantithetarius (an-tith-a-tair-ee-as). [Law Latin] Hist. \nAn accused person who asserts that his or her accuser \nis guilty ofthe crime. Cf. APPROVER (1). \nAntitrust Civil Process Act. A federal law prescrib\ning the procedures for an antitrust action by way of \na petition in U.S. District Court. 15 USCA  1311 et \nseq. \nAntitrust Guidelines for the Licensing of Intellectual \nProperty. A set of criteria, jOintly issued by the Anti\ntrust Division ofthe U.S. Justice Department and the \nFTC, that those agencies apply in deciding whether \nto initiate an investigation or enforcement action as a \nresult ofrestrictions in patent, copyright, trade-secret, \nand know-how licenses. 4 Trade Reg. Rep. (CCH) \n~ 13,132 (April 6, 1995). \nantitrust law. 1. The body oflaw deSigned to protect trade \nand commerce from restraints, monopolies, price-fix\ning, and price discrimination . The principal federal \nantitrust laws are the Sherman Act (15 USCA  1-7) \nand the Clayton Act (I5 USCA  12-27). \n\"As legislative history and case law both disclose, the \ngeneral objective of the antitrust laws is the maintenance \nof competition. Competition per se thus becomes a goal \nof the legal order. Yet, competition is not a concept which \ndefines itself; notions about the desirability of competition \nmay shape judgments about how the law should apply, \nat least at its indistinct edges.\" Lawrence A. Sullivan, \nHandbook ofthe Law ofAntitrust  5, at 20 (1977). \n2. (cap.) SHERMAN ANTITRUST ACT. \nantlike persistency. (1924) Patents. Slang. The steady \ntenacity ofa patent practitioner or applicant who tries \nto wear down the U.S. Patent and Trademark Office by \nprosecuting patent claims in the hope that the Office \nwill eventually relent . Judge Learned Hand coined "}
{"text": "demark Office by \nprosecuting patent claims in the hope that the Office \nwill eventually relent . Judge Learned Hand coined \nthis pejorative expression in Lyon v. Boh, 1 F.2d 48, \n49-50 (S.D.N.Y. 1924). \nAO. abbr. ADMINISTRATIVE OFFICE OF THE UNITED \nSTATES COURTS. \nAOC. abbr. 1. ANNO ORBIS CONDITL 2. And other con\nsideration. See other consideration under CONSIDER\nATION. \nAOD. abbr. ACTION ON DECISION. \nAOGI. abbr. See adjusted ordinary gross income under \nINCOME. \nAOUSC. abbr. ADMINISTRATIVE OFFICE OF THE UNITED \nSTATES COURTS. \nAPA. abbr. 1. ADMINISTRATIVE PROCEDURE ACT. 2. \nADVANCE PRICING AGREEMENT. \na pais (ah payor pays). [Law French] Hist. At or to the \ncountry; at issue. \na pari (ay par-I). [Law Latin] Hist. Equally; in like \nmanner. apocrisarius \napartheid (a-pahrt-hayt or a-pahr-tIt). Racial segrega\ntion; speci, a comprehensive governmental policy of \nracial discrimination and segregation, as it was prac\nticed in South Africa. \napertum breve. See BREVE. \napertum factum (a-par-tam fak-t3m). [Latin \"open \ndeed\"] An overt act. \napertura testamenti (ap-ar-t[yJoor-a tes-ta-men-tI). \n[Latin \"opening ofthe testament\"] Roman law. A proce\ndure for proving a will by which the witnesses acknowl\nedged their signatures and seal before a magistrate and \nthe will was opened and publicly read. \napex deposition. See DEPOSITION. \napex juris (ay-peks joor-is). [Latin \"summit oflaw\"] An \nextreme point or subtlety oflaw, such as a merely tech\nnical objection in pleading or an extreme interpretation \nofa doctrine. Cf. APICES LITIGANDI. \napex rule. Mining law. The principle that a vein ofore \nmay be mined ifit extends beyond the vertical bound\naries ofthe surface claim on which the vein apexes. \nAlso termed extra lateral right. Cf. INTRALIMINAL \nRIGHT. [Cases: Mines and Minerals (;:;>30.] \nAPH. abbr. AMERICAN PRINTING HOUSE FOR THE \nBLIND. \nAPHIS. abbr. ANIMAL AND PLANT HEALTH INSPECTION \nSERVICE. \napices litigandi (ay-pi-seez lit-i-gan-dI). [Law Latin] \nExtremely fine points (or subtleties) oflitigation. Cf. \nAPEX rURIS. \nAPJ. abbr. See administrative patent judge under \nrUDGE. \napocha (ap-a-ka). Roman & civil law. A receipt acknowl\nedging payment.  An apocha discharges only the obli\ngation represented by the payment, in contrast to an \nacceptilation, which discharges an entire debt. Also \nspelled apoca. Cf. ACCEPTILATION; ANTAPOCHA. \napochae oneratoriae (ap-a-kee oh-nar-ay-tor-ee-ee). \n[Law Latin \"cargo receipt\"] Hist. Bills oflading. \napocha trium annorum (ap-a-ka tn-am a-nor-3m). \n[Latin \"receipt for three years\"] Scots law. Hist. Receipts \nfor three consecutive periodic payments, the produc\ntion of which gave rise to a presumption that prior \ninstallments had been properly paid. \n\"The production by the debtor of receipts for the last three \nconsecutive installments of a termly payment, such as feu \nduty, rent, wages or interest, raises a presumption, the \napocha trium annorum, rebuttable by parol eVidence, that \nall prior instalments have been duly paid. The same infer \nence is notjustified by one receipt, even for three or more \ninstalments. Nor do receipts for three instalments justify \nan inference that a bill, granted for earlier arrears, has been \npaid.\" 2 David M. Walker, Principles ofScottish Private Law \n143 (4th ed. 1988). \napocrisarius (a-pok-ri-sair-ee-as), n. [Latin] Hist. \nEccles. law. 1. An ambassador; a messenger, such as a \nPope's legate. 2. One who answers for another; esp., an \nofficer who presented church matters to the emperor \nand conveyed the answers to the petitioners. 3. One \n\nwho, upon consultation, gives advice in ecclesiastical \nmatters. -Also termed responsalis; a responsis; secre\ntarius; consiliarius; referendarius; a consiliis. \napographa (a-pog-ra-fa), n. pl. [fro Greek apographein \n\"to copy\"]l. Civil law. An examination and enumera\ntion ofthings possessed; an inventory. 2. Copies; tran\nscripts. apographal, adj. \napostasy (a-pos-ta-see). 1. Hist. A crime against religion \nconsisting in the total renunciation of Christianity by \none who had preViously embraced it. 2. Eccles. law. \nAbandonment of religiOUS vows without dispensa\ntion. \napostata capiendo. See DE APOSTATA CAPIENDO. \napostate (a-pos-tayt). A person who has forsaken religion \nor a particular religion. -Also termed (archaically) \napostata (ap-a-stay-ta). \na posteriori Cay pos-teer-ee-or-I or ah pos-teer-ee-or-ee), \nadv. [Latin \"from what comes after\"] (16c) Inductively; \nfrom the particular to the general, or from known \neffects to their inferred causes <as a legal analyst, she \nreasoned a posteriori from countless individual \ncases to generalized rules that she finally applied>. Cf. \nAPRIORI. a posteriori, adj. \napostille (a-pos-til). [French \"postscript, footnote\"] Int'l \nlaw. A marginal note or observation; esp., a standard \ncertification provided under the Hague Convention for \nauthenticating documents used in foreign countries. \nAlso spelled apostil. See CERTIFICATE OF AUTHORITY \n(1). \napostle (a-pos-al), n. Civil & maritime law. L A letter sent \nfrom a trial court to an appellate court, stating the case \non appeal. 2. The record or papers sent up on appeal. \nAlso termed apostoli. 3. DIMISSORY LETTERS. \napostolus (a-pos-ta-l<ls), n. [fro Greek apostolos \"one sent \nfrom another\"] Hist. A messenger, ambassador, legate, \nor nuncio. PI. apostoli (a-pos-t~-h). \napotheca (ap-a-thee-b), n. [fro Greek apotheke \"store\") \nCivil law. A repository, as for wine or books. Pl. apoth\necae. \napparatus. See MACHINE. \napparatusdaim. See PATENT CLAIM. \napparatus limitation. Patents. The inclusion ofa struc\nture or phYSical apparatus in a method or process \nclaim. An apparatus limitation, while not objection\nable, carries little weight toward establishing the pat\nentability ofa method or process claim. \napparent, adj. (14c) 1. Visible; manifest; obvious. 2. \nOstensible; seeming. \napparent agency. See agency by estoppel under AGENCY \n(1). \napparent agent. See AGENT (2). \napparent assent. See ASSENT. \napparent authority. See AUTHORITY (1). \napparent danger. See DANGER. \napparent defect. See patent defect under DEFECT. apparent easement. See EASEMENT. \napparent heir. See heir apparent under HEIR. \napparent principal. See PRINCIPAL (1). \napparent servitude. See SERVITUDE (2). \napparent title. See COLOR OF TITLE. \napparitor (a-par-~-t<lr or -tor). 1. Roman law. (ital.) An \nofficer who served a court, esp. as secretary, messen\nger (viator), or herald. -Also termed viator. 2. Civil \nlaw. An officer who attends court to execute judicial \norders. 3. Eccles. law. An officer who executes orders \nand decrees, esp. by serving summonses. \napparlement (~-pahrl-m<mt), n. [Law French) Hist. like\nlihood, as in the apparlement ofwar. \napparura (ap-a-ruur-<l), n. [fro Law Latin apparare \"to \nfurnish\"] Hist. Furniture, apparel, implements, or \ntackle. \nappeal, n. (13c) 1. A proceeding undertaken to have a \ndecision reconsidered by a higher authority; esp., the \nsubmission ofa lower court's or agency's decision to a \nhigher court for review and possible reversal <the case \nis on appeal>. Also termed petition in error; (in Scots \nlaw) falsing ofdooms. See CERTIORARI. [Cases: Appeal \nand Error (;=0 1.] \nappeal as ofright. See appeal by right. \nappeal by application. An appeal for which permission \nmust first be obtained from the reviewing court. \nAlso termed appeal by leave. [Cases: Appeal and Error \n(;=0358.] \nappeal by right. An appeal to a higher court from which \npermission need not be first obtained. -Also termed \nappeal as ofright; appeal ofright. [Cases: Appeal and \nError (;=0358.] \nappeal de novo. An appeal in which the appellate \ncourt uses the trial court's record but reviews the \nevidence and law without deference to the trial \ncourt's rulings. -Also termed de novo review; de \nnovo judicial review. [Cases: Appeal and Error (;=0 \n892; Federal Courts (;=0776.] \nappealfrom the decision ofthe chair. Parliamentary \nlaw. A motion by which a member invokes the assem\nbly's right ofreviewing its chair's decision on a point \noforder. Also termed appeal from the ruling ofthe \nchair. \nappealfrom the ruling ofthe chair. See appeal from the \ndecision ofthe chair. \nappeal in forma pauperis (in for-rna paw-p<lr-is). An \nappeal by an indigent party, for whom court costs are \nwaived. Fed. R. App. P. 24. See IN FORMA PAUPERIS. \n[Cases: Appeal and Error (;=0389; Federal Courts \n662.] \nconsolidated appeal. An appeal in which two or more \nparties, whose interests were similar enough to make \na joinder practicable, proceed as a Single appellant. \n[Cases: Appeal and Error (;=0325,328,816; Federal \nCourts <.r'=>651.] \n\n113 \ncross-appeal. An appeal by the appellee, usu. heard \nat the same time as the appellant's appeal. [Cases: \nAppeal and Error 14(4).] \ndelayed appeal. An appeal that takes place after the \ntime for appealing has expired, but only when the \nreviewing court has granted permission because of \nspecial circumstances. [Cases: Appeal and Error \n356,357.] \ndevolutive appeal (di-vol-y;:Hiv). An appeal that \ndoes not suspend the execution of the underlying \njudgment. [Cases: Appeal and Error C=::>460.j \ndirect appeal. An appeal from a trial court's decision \ndirectly fo the jurisdiction's highest court, thus \nbypassing review by an intermediate appellate court. \n Such an appeal may be authorized, for example, \nwhen the case involves the constitutionality ofa state \nlaw. \nduplicitous appeal. An appeal from two separate judg\nments, from a judgment and an order, or from two \norders. [Cases; Appeal and Error (;:::;0418.] \nfederal appeal. An appeal to a federal appellate court \nusu. from (1) a federal district court to a United States \ncircuit court, (2) a United States circuit court to the \nSupreme Court of the United States, or (3) a state \nsupreme court to the Supreme Court of the United \nStates. [Cases; Federal Courts C=445, 541.] \nfrivolous appeal. (18c) An appeal having no legal basis, \nusu. filed for delay to induce a judgment creditor to \nsettle or to avoid payment of a judgment . Federal \nRule ofAppellate Procedure 38 provides for the award \nof damages and costs if the appellate court deter\nmines that an appeal is frivolous. Fed. R. App. P. 38. \n[Cases; Costs C==>260; Federal Civil Procedure \n2839,2840.] \ninterlocutory appeal. An appeal that occurs before the \ntrial court's final ruling on the entire case. 28 USCA \n 1292(b) . Some interlocutory appeals involve legal \npoints necessary to the determination of the case, \nwhile others involve collateral orders that are wholly \nseparate from the merits of the action. See INTERLOC\nUTORY APPEALS FINAL-JUDGMENT RULE. [Cases: \nAppeal and Error Federal Courts C=::>572.L] \njudgment-roll appeal. An appeal based only on the \npleadings, the findings ofthe court, and the judgment. \n[Cases: Appeal and Error \nlimited appeal. An appeal from only certain portions \nof a decision, usu. only the adverse or unfavorable \nportions. \nprecautionary appeal. See protective appeal. \nprotective appeal. A precautionary appeal filed by \ncounsel when the client might otherwise lose an \neffective right to appeal.  A protective appeal is \ntypically filed when (1) a client's motion to intervene \nhas been denied, and the trial court is entering other \norders that the client wants to appeal, (2) counsel has \ndoubts about where to appeal, (3) counsel has doubts \nabout the length ofthe appeal period, or (4) the client appearance \nmust preserve uncertain or contingent rights. Also \ntermed precaution"}
{"text": "length ofthe appeal period, or (4) the client appearance \nmust preserve uncertain or contingent rights. Also \ntermed precautionary appeal. \nstate appeal. An appeal to a state appellate court, either \nfrom a court of first instance to any intermediate \nappellate court or from a lower court to the highest \ncourt in the state-court system. [Cases; Appeal and \nError L] \nsuspensive appeal. An appeal that stays the execution \nofthe underlying judgment. [Cases; Appeal and Error \n460.] \n2. Hist. The charging ofsomeone with a crime; speci., \nan accusation ofa crime, esp. treason or a felony. \nappeal, vb. 1. To seek review (from a lower court's \ndecision) by a higher court <petitioner appeals the \nconviction>. 2. Hist. To charge with a crime; accuse. \nappealability, n. \nappealable decision. See DECISION. \nappeal as of right. See appeal by right under APPEAL. \nappeal bond. See BOND (2). \nappeal brief. See BRIEF. \nappeal by leave. See appeal by application under \nAPPEAL. \nappeal by right. See APPEAL. \nappeal court. See appellate court under COURT. \nappeal de novo. See APPEAL. \nappealer. Archaic. APPELLANT. \nappeal from the chair. Parliamentary law. An assembly \nmember's formal objection to a decision made by the \nchair. If the appeal is seconded, the chair must state \nwhat question was answered and explain the reasons \nfor the chair's decision, then allow the members present \nto vote in support of or against that decision. \nappeal in forma pauperis. See APPEAL. \nappeal of felony. Hist. A procedure by which a person \naccused another of a crime, demanded proof of inno\ncence by wager of battle, or informed against an accom\nplice. Also termed appellum de felonia. \nappeal of right. See appeal by right under APPEAL. \nappeals council. A commission that hears appeals of \nrulings by administrative-law judges in social-security \nmatters. [Cases; Welfare (~8.15, 142.5.J \nappeals court. See appellate court under COURT. \nappearance, n. (l4c) Procedure. A coming into court as \na party or interested person, or as a lawyer on behalf of \na party or interested person; esp., a defendant's act of \ntaking part in a lawsuit, whether by formally partici\npating in it or by an answer, demurrer, or motion, or \nby taking post judgment steps in the lawsuit in either \nthe trial court or an appellate court. [Cases: Appear\nance Federal Civil ProcedureC=::>561-574.] \nappear, vb. \n'The English courts did not, until modern times, daimjuris \ndiction over the person of the defendant merely by service \nof summons upon him. It was deemed necessary to resort \nto further process by attachment of his property and arrest \n\nof his person to compel 'appearance,' which is not mere \npresence in court, but some act by which a person who \nis sued submits himself to the authority and jurisdiction \nof the court. Any steps in the action, such as giving bail \nupon arrest, operated as an appearance or submission.\" \nBenjamin j. Shipman, Handbook ofCommon-Law Pleading \n 5, at 24 (Henry Winthrop Ballantine ed., 3d ed. 1923). \n'The term 'appearance' is used particularly to signify or \ndesignate the overt act bywhich one against whom suit has \nbeen commenced submits himself to the court's jurisdic\ntion, although in a broader sense it embraces the act of \neither plaintiff or defendant in coming into court .... An \nappearance may be expressly made by formal written or \noral declaration, or record entry, or it may be implied from \nsome act done with the intention of appearing and submit\nting to the court's jurisdiction.\" 4 Am. Jur. 2d Appearance \n I, at 620 (1995). \nappearance de bene esse. See special appearance. \nappearance pro hac vice (proh hak VI-see or proh hahk \nvee-chay). [Latin) An appearance made by an out-of\nstate lawyer for one particular case, usu. by leave of \ncourt.  For more on the pronunciation of this term, \nsee PRO HAC VICE. [Cases: Attorney and Client \n10.] , \nappearance under protest. English & Canadian law. \nSee special appearance. \ncompulsory appearance. An appearance by one who \nis required to appear by having been served with \nprocess_ [Cases: Appearance (;=> 1.] \ngeneral appearance. A general-purpose appearance \nthat waives a party's ability later to dispute the court's \nauthority to enter a binding judgment against him \nor her. [Cases: Appearance C=.8-1O, 16-25; Federal \nCivil Procedure (;:=:0566.] \ninitial appearance. A criminal defendant's first appear\nance in court to hear the charges read, to be advised \nof his or her rights, and to have bail determined . \nThe initial appearance is usu. required by statute to \noccur without undue delay. In a misdemeanor case, \nthe initial appearance may be combined with the \narraignment. See ARRAIGNMENT. [Cases: Arrest \n70; Criminal Law (;=>261-264.] \nlimited appearance. See special appearance. \nspecial appearance. 1. A defendant's pleading that \neither claims that the court lacks personal jurisdic\ntion over the defendant or objects to improper service \nof process. 2. A defendant's showing up in court for \nthe sole purpose of contesting the court's assertion \nof personal jurisdiction over the defendant.  Special \nappearances have been abolished in federal court. \nFed. R. Civ. P. 12(b). Also termed limited appear\nance; appearance de bene esse; (in English &Canadian \nlaw) appearance under protest. [Cases: Appearance \n(;=>9(2, 3); Federal Civil Procedure (;=>565.] \nvoluntary appearance. An appearance entered by \na party's own will, without the service of process. \n[Cases: Appearance \nappearance bond. See bail bond under BOND (2). \nappearance date. See answer day under DAY. \nappearance day. See answer day under DAY. appearance de bene esse. See speCial appearance under \nAPPEARANCE. \nappearance docket. See DOCKET (I). \nappearance doctrine. (1972) In the law of self-defense, \nthe rule that a defendant's use offorce is justified ifthe \ndefendant reasonably believed it to be justified. [Cases: \nAssault and Battery <8;:::;67; Homicide C=795.] \nappearance pro hac vice. See APPEARANCE. \nappearance term. See TERM (5). \nappearance ticket. See CITATION (2). \nappearance under protest. English & Canadian law. See \nspecial appearance under APPEARANCE. \nappellant (<l-pel-<lnt). (ISc) A party who appeals a \nlower court's decision, usu. seeking reversal of that \ndecision. Also termed (archaically) plaintiffin error; \n(formerly) appealer. Cf. APPELLEE. [Cases: Appeal and \nError (;=>321.] \nappellate (<l-pel-it), adj. (18c) Ofor relating to an appeal \nor appeals generally. \nappellate brief. See BRIEF (1). \nappellate counsel. See COUNSEL. \nappellate court. See COURT. \nappellate division. A department of a superior court \nresponsible for hearing appeals; an intermediate appel\nlate court in some states, such as New York and New \nJersey. [Cases: Courts \nappellate jurisdiction. See JURISDICTION. \nappellate record. See RECORD ON APPEAL. \nappellate review. See REVIEW. \nappellate rules. A body of rules governing appeals from \nlower courts. [Cases: Courts (;=>80(4); Federal Courts \nAppellate Term. A division of the New York Supreme \nCourt established to hear both appeals from decisions \nof the civil and criminal courts of New York City and \nappeals from district courts, town courts, and other \nlower courts . The Appellate Term's decisions are often \nunpublished but are binding authority on the lower \ncourts. [Cases: Courts (;=>50, 107.] \nappellatio (ap-<l-lay-shee-oh), n. [Latin] Roman law. An \nappeal from a lower court. PI. appellationes (ap-<l-lay\nshee-oh-neez). \nappellation oforigin. Trademarks. Representation ofa \nproduct's geographic origin by use of a mark -such \nas symbol, word, phrase, or graphic element such as \na map -whose use is regulated to ensure that the \nproducts so marked reflect some well-known feature \npeculiar to the region . This term usu. applies to a \nproduct whose quality or some characteristic feature \nhas been gained by natural means, such as by the nature \nof the local climate or soil, or by the nature of the way \nit is made, such as by local customs of production. For \nexample, the appellation burgundy can be used only \nfor wines made from certain types ofvarietal grapes \n\n115 \nfrom particular regions ofFrance. [Cases: Trademarks \n<r~104S.1 \nappellator (ap-<l-lay-tar), n. [Latin] Roman & civil law. \nAn appellant. \nappellee (ap-<l-Iee). (16c) A party against whom an appeal \nis taken and whose role is to respond to that appeal, \nusu. seeking affirmance of the lower court's decision. \nSee RESPONDENT. Cf. APPELLANT. [Cases: Appeal and \nError~326.1 \nappello (<I-pel-oh), vb. [Latin] Roman law. I appeal.  \nThis was the form of making an appeal apud acta (in \nthe presence. of the judge). \nappellor (<I-pel-or or ap-a-Ior). lUst. English law. A \nperson who formally accuses another of a crime, chal\nlenges a jury, or informs against an accomplice. \nappellum deielonia. See APPEAL OF FELONY. \nappendant (<I-pen-d<lnt), adj. (ISc) Attached or belong\ning to property as an additional but subsidiary right. \nappendant, n. \nappendant claim. See dependent claim under PATENT \nCLAIM. \nappendant easement. See easement appurtenant under \nEASEMENT. \nappendant power. See POWER (s). \nappenditia (ap-en-dish-ee-a), n. [Law Latin] Hist. The \nappendages or appurtenances of an estate. \nappendix, n. (16c) 1. A supplementary document \nattached to the end of a writing <the brief includes an \nappendix of exhibits>. For the requirements of an \nappendix to a federal appellate brief, see Fed. R. App. P. \n30.2. English law. A volume that contains material doc\numents and other evidence presented in a lower court. \n The volume is used by the House of Lords or Privy \nCouncil when functioning as an appellate tribunal. PI. \nappendixes, appendices. \nappensura (ap-en-s[y]oor-d), n. [fro Latin appel1dere \"to \nweigh out\"] Hist. The payment of money by weight \nrather than by count. \napplicable exclusion amount. Tax. The dollar value of \nan estate that is exempt from federal estate and gift \ntaxes. See unified estate-and-gift-tax credit under TAX \nCREDIT. \napplicable exclusion credit. See unified estate-and-gift\ntax credit under TAX CREDIT. \napplicando singula singulis (ap-li-kan-doh sing-gy<l-l<l \nsing-gYd-lis). [Law Latin) Hist. By applying each to \neach; to apply each condition to . The phrase was used \nin deed constructions. \napplicant. (18c) 1. One who requests something; a \npetitioner, such as a person who applies for letters of \nadministration. 2. ACCOUNT PARTY. \napplication. (ISc) 1. A request or petition. See copy\nRIGHT APPLICATION; PATENT APPLICATION; TRADE\nMARK APPLICATION. 2. MOTION. applied cost \nex parte application. See ex parte motion under \nMOTION (1). \ninterlocutory application. A motion for equitable or \nlegal relief sought before a final decision. \n3. Bankruptcy. A request for an order not requiring \nadvance notice and an opportunity for a hearing before \nthe order is issued. [Cases: Bankruptcy ~21S6.1 \nApplication Division. Patents. The part of the U.S. \nPatent and Trademark Office that is responSible for \naccepting patent applications, assigning them serial \nnumbers, checking them for completeness and formali\nties, placing them in file wrappers, and assigning them \nto an appropriate art group based on the invention's \nclass and subclass of technology. \napplication for a reissue patent. See PATENT APPLICA\nTION. \napplication for leave to appeal. (1882) A motion asking \nan appellate court to hear a party's appeal from a \njudgment when the party has no appeal by right or \nwhen the party's time limit for an appeal by right has \nexpired. The reviewing court has discretion whether \nto grant or reject such a motion. [Cases: Appeal and \nError ~361;Federal Courts ~660.] \napplication for transfer. In some jurisdictions, a request \nto a state's highest court to hear an appeal from an \nintermediate court of appeal.  The appeal is heard as \nthough it had been appealed to the highest court origi\nnally. The court may typically ignore the intermediate \ncourt's decision and may consider an error that was \nnot raised in the intermediate court. [Cases: Courts \n~487(1), 488(1).] \napplication number. Patents & Trademarks. The eight\ndigit sequential number assigned by the U.S. Patent and \nTrademark Office to a patent or trademark application . \n Applications are typically referred to by an applica\ntion number, which consists ofa two-digit series code, a \nslash, and a six-digit serial number. References to patent \napplications also include the filing date <application no. \n08/944,183, filed September 20, 1978>. Also termed \nserial number. \napplication service provider. A business that hosts \nsoftware on its computers and gives subscribers access \nas needed . The subscriber does not need to purchase \na license to use the software"}
{"text": "\nsoftware on its computers and gives subscribers access \nas needed . The subscriber does not need to purchase \na license to use the software before the proVider sends \nit to the subscriber's computer, usu. over the Internet \nor a private electronic network. -Abbr. ASP. \napplied-art doctrine. Copyright. The rule that a picto\nrial, graphic, or sculptural work that has an inherent \nuse apart from its appearance, and is also an expres\nsive work apart from its utility, may qualify for copy\nright protection . Examples have included bookends, \nlamps, and sundials. In contrast to applied art, indus\ntrial designs are not copyrightable, although they may \nbe protected by design patents instead. Also termed \nuseful-article doctrine. [Cases: Copyrights and Intel\nlectual Property ~4.J \napplied cost. See COST (1). \n\n116 apply \napply, vb. (14c) 1. To make a formal request or motion \n<apply for a loan> <apply for injunctive relief>. 2. To \nemploy for a limited purpose <apply payments to a \nreduction in interest>. 3. To put to use with a particular \nsubject matter <apply the law to the facts> <apply the \nlaw only to transactions in interstate commerce>. \nappointed counsel. See assigned counsel under \nCOUNSEL. \nappointee. (18c) 1. One who is appointed. 2. One who \nreceives the benefit of a power of appointment. See \nPOWER OF APPOINTMENT. [Cases: Powers \npermissible appointee. A person to whom appointive \nprope'rty may be assigned under a power of appoint\nment. Also termed object ofthe power ofappoint\nment; object ofthe power; object ofa power. \nappointive asset. See ASSET. \nappointive property. See PROPERTY. \nappointment, n. (15c) 1. The designation of a person, \nsuch as a nonelected public official, for a job or duty; \nesp., the naming of someone to a nonelected public \noffice <Article II of the U.S. Constitution grants the \nPresident the power of appointment for principal \nfederal officials, subject to senatorial consent>. [Cases: \nOfficers and Public Employees United States (;= \n35.] \nat-pleasure appointment. See pleasure appointment. \npleasure appointment. The assignment of someone to \nemployment that can be taken away at any time, with \nno requirement for cause, notice, or a hearing. -Also \ntermed at-pleasure appointment. [Cases: Officers and \nPublic Employees C='60.] \npublic appointment. An appointment to a public office. \n[Cases: Officers and Public Employees (;=8.] \nrecess appointment. An appointment, including a \njudicial appointment, made by the President when \nthe Senate is not in session, subject to the Senate's \nlater ratification. [Cases: Judges (;=3; United States \n2. An office occupied by someone who has been \nappointed <a high appointment in the federal gov\nernment>. 3. Parliamentary law. The naming of an \nofficer, the members of a committee, or the holder of \nany other title in an organization by means other than \nthe organization's election. 4. The act of disposing of \nproperty, in exercise ofa power granted for that purpose \n<the tenant's appOintment oflands>. See POWER OF \nAPPOINTMENT. [Cases: Powers 1.] -appoint, \nvb. appointer (for senses 1-3), n. appointor (for \nsense 4), n. \nillusory appointment. A nominal, unduly restrictive, \nor conditional transfer of property under a power of \nappointment. [Cases: Powers (;=36(3).] \n\"Like many other theories which are very plausible in \nthe abstract, experience has shown that the doctrine of \nillusory appointments is difficult in application, since the \nterm 'illusory' is vague and indefinite. And, because of the \ndifficulty of formulating rules for determining what is an \nillusory appointment and the evils resulting from attempts to substitute the judicial will for the intent of the donor and \ndonee of the power, the doctrine has been condemned or \nrejected by many courts.\" 62 Am.Jur. 2d Powers ofAppoint \nment  186 (1990). \nAppointments Clause. (1976) The clause of the U.S. Con\nstitution giving the President the power to nominate \nfederal judges and various other officials. U.S. Const. \nart. II,  2. [Cases: United States (;=35.] \napport (;;I-port), n. [Law French] Hist. A tax, expense, \ntribute, or payment. \napportionment, n. (16c) 1. Division into proportion\nate shares; esp., the division of rights and liabilities \nbetween two or more persons or entities. 2. Tax. The \nact of allocating or attributing moneys or expenses in \na given way, as when a taxpayer allocates part of profits \nto a particular tax year or part of the use of a personal \nasset to a business. [Cases: Taxation 3477.] 3. \nDistribution of legislative seats among districts; esp., \nthe allocation ofcongressional representatives among \nthe states based on population, as required by the 14th \nAmendment. -The claim that a state is denying the \nright of representation to its citizens through improper \napportionment presents a justiciable issue. -Also \ntermed legislative apportionment. See REAPPORTION\nMENT. [Cases: Elections (;=12(6).]4. The division (by \nstatute or by the testator's instruction) of an estate\ntax liability among persons interested in an estate. \napportion, vb. \napportionment clause. Insurance. A policy provision \nthat distributes insurance proceeds in proportion to \nthe total coverage. [Cases: Insurance (;=2193.] \napportionment ofliability. (1855) Torts. The parceling \nout ofliability for an injury among multiple tortfea\nsors, and possibly the plaintiff as well. _ Apportion\nment of liability encompasses such legal doctrines as \njoint and several liability, comparative responsibility, \nindemnity, and settlements. See Restatement (Third) of \nTorts: Apportionment of Liability (1999). [Cases: Neg\nligence (;=484, 549; Torts (;=125.] \napportionment rule. Oil & gas. The minority doctrine \nthat royalties accrued under an oil-and-gas lease on \nland that is subdivided during the lease term must be \nshared by the landowners in proportion to their inter\nests in the land. -For example, ifGrey granted a lease \nto Simms, then sold one-half of the land to Metcalfe, \nSimms and Metcalfe would each be entitled to one-half \nof any royalty from the land, no matter where the pro\nducing well is located. Only California, Mississippi, and \nPennsylvania follow this rule. Cf. NONAPPORTIONMENT \nRULE. [Cases: Mines and Minerals (;=79.1(3).] \napportum (;;I-por-t;;lm), n. [Law Latin] Hist. The revenue, \nprofit, or emolument that something brings to its owner. \n-This was often used in reference to a pension. \nappose (;;I-pohz), vb. Hist. 1. To interrogate, esp. with \ndifficult questions. 2. To confront (someone) with \nobjections to something. 3. To examine the books and \naccounts of; audit. \n\n117 \napposer (J-pohz-Jr). Hist. 1. A questioner; interroga\ntor. 2. An Exchequer officer who examined sheriffs' \naccounts; speci., an officer responsible for examin\ning the sheriff's estreat (book of fines), comparing \nthe entries with those in court records, and apposing \n(interrogating) the sheriff on each sum in the estreat. \n This office was abolished in England in 1833. Also \ntermed foreign apposer. \napposite (ap-<l-zit), adj. Suitable; appropriate. \nappraisal, n. (1817) 1. The determination of what con\nstitutes a fair price; valuation; estimation of worth. 2. \nTIle report of such a determination. -Also termed \nappraisement. Cf. ASSESSMENT (3). appraise, vb. \nappraisal clause. An insurance-policy provision \nallowing either the insurer or the insured to demand \nan independent estimation of a claimed loss. [Cases: \nInsurance (;::::'3249.] \nappraisal remedy. The statutory right ofcorporate share\nholders who oppose some extraordinary corporate \naction (such as a merger) to have their shares judicially \nappraised and to demand that the corporation buy back \ntheir shares at the appraised value. Also termed \nappraisal right; dissenters' right; right of dissent and \nappraisal. [Cases: Corporations (;:::: 182.4(4)-182.4(6), \n584.] \nappraisal trinity. The three most commonly accepted \nmethods of appraising real property: the market \napproach, the cost approach, and the income approach. \nSee MARKET APPROACH; COST APPROACH; INCOME \nAPPROACH. [Cases: Evidence \nappraisement. (17c) 1. APPRAISAL. 2. An ADR method \nused for resolving the amount or extent of liability \non a contract when the issue of liability itself is not \nin dispute. _ Unlike arbitration, appraisement is not \na quasi-judicial proceeding but instead an informal \ndetermination of the amount owed on a contract. \n[Cases: Alternative Dispute Resolution \nappraiser. An impartial person who estimates the \nvalue ofsomething, such as real estate, jewelry, or rare \nbooks. Also termed valuer. \nbusiness appraiser. An appraiser who specializes in \ndetermining the value of commercial enterprises \nand property, including real estate and intellectual \nproperty. \nmerchant appraiser. See MERCHANT APPRAISER. \nappreciable, adj. Capable of being measured or per\nceived. \nappreciate, vb. 1. To understand the Significance or \nmeaning of. 2. To increase in value. \nappreciation, n. (18c) An increase in an asset's value, \nusu. because ofintlation. Cf. DEPRECIATION. appre\nciate, vb. appreciable, adj. \nappreciation surplus. See revaluation surplus under \nSURPLUS. \nappreciation test. (1970) Criminal law. A test for \nthe insanity defense requiring proof by clear and appropriation \nconvincing evidence that at the time of the crime, \nthe defendant suffered from a severe mental disease \nor defect preventing him or her from appreciating the \nwrongfulness of the conduct.  This test, along with the \naccompanying plea of not guilty by reason of insanity, \nwas established by the Insanity Defense Reform Act of \n1984.18 USCA  17. -Also termed Insanity Defense \nReform Act of1984 test. See INSANITY DEFENSE. [Cases: \nCriminal Law \napprehensio (ap-ri-hen-see-oh). [Latin] 1. APPREHEN\nSION (1). 2. Civil law. Seizure; a procedure for acquir\ning something that belongs to no one. -It is a type of \noccupatio. \napprehension, n. (14c) 1. Seizure in the name ofthe law; \narrest <apprehension of a criminal>. [Cases: Arrest \n(:::::68(3).] 2. Perception; comprehension; belief <the \ntort of assault requires apprehension by the plaintiff \nof imminent contact>. 3. Fear; anxiety <most people \napproach public speaking with some apprehension>. \napprehend, vb. \napprentice. 1. Hist. A person bound by an indenture to \nwork for an employer for a specified period to learn a \ncraft, trade, or profession. \n\"Apprentices, in the strict legal sense, are servants. usually \nbut not necessari Iy infants, who agree to serve their \nmasters with a view to learning some trade or bUSiness, \nand whose masters on their part agree to instruct them. \nThe contract is usually for a term of years and is normally \nembodied in a deed, in which case the apprentice is said \nto be bound by an indenture of apprenticeship. It is cus\ntomary for the father of the apprentice (or some person \nstanding in loco parentis), as well as the apprentice himself \nto execute the deed or other instrument, and thus become \nliable for the due observance by the apprentice of his \nobligations thereunder. When an apprentice deliberately \nmisconducts himself in such a way that, in the case of any \nother servant, his behaviour would amount to a repudia \ntion of the agreement, and thereupon the master decides \nto accept the repudiation and dismisses him, the appren\ntice's repudiation is not effective, and the contract is not \nterminated, unless the Court find that such a course would \nbe for the infant's benefit. Otherwise the infant could do \nindirectly what he could not do directly -namely, bring \nabout a rescission of the contract.\" 2 Stephen's Commentar \nies on the Laws of England 133-34 (L. Crispin Warmington \ned., 21 st ed. 1950). \n2. A learner in any field ofemployment or business, esp. \none who learns by hands-on experience or technical \non-the-job training by one experienced in the field. \napprentice of the law. Hist. 1. A law student. 2. A bar\nrister ofjunior status. Also termed apprentice en la \nley; apprenticius ad legem. \napprenticius ad legem (a-pren-tish-ee-<ls ad lee-j<lm). \n[Law Latin] APPRENTICE Of THE LAW. \napprize, vb. To appraise; to assign a value to. \napproach, right of. See RIGHT OF APPROACH. \nappropriated retained earnings. See EARNINGS. \nappropriated surplus. See SURPLUS. \nappropriation, n. (14c) 1. The exercise of control over \nproperty; a taking of possession. Cf. EXPROPRIATION \n(1); MISAPPROPRIATION (1). 2. A legislative body's act of \n\n118 appropriations bill \nsetting aside a sum of money for a public purpose. _ If \nthe sum is earmarked for a precise or limited purpose, \nit is sometimes called a specific appropriation. [Cases: \nStates C=) 129.] 3. The sum ofmoney so voted."}
{"text": "a specific appropriation. [Cases: \nStates C=) 129.] 3. The sum ofmoney so voted. 4. Torts. \nAn invasion of privacy whereby one person takes the \nname or likeness of another for commercial gain. \n[Cases: Torts 386.]5. The transfer of a benefice, \ntogether with all its interests, to a spiritual corpora\ntion. See spiritual corporation under CORPORATro\". \nCf. IMPROPRIATION. 6. The benefice so transferred. \nappropriate, vb. appropriable, adj. -appropria\ntor, n. \nappropriations bilL See BILL (3). \nappropriator, n. Hist. Eccles. law. The corporate pos\nsessor ofan appropriated benefice -that is, a benefice \nthat has been perpetually annexed to a spiritual cor\nporation, often a monastic house. \napproval sale. See sale on approval under SALE. \napprove, vb. 1. To give formal sanction to; to confirm \nauthoritatively. 2. Parliamentary law. To adopt. See \nADOPTION (5). approval, n. \nApproved Drug Products with Therapeutic Equiva\nlence Evaluations. See ORANGE BOOK. \napproved indorsed note. See NOTE (1). \napproved list. See LEGAL LIST. \napprovement. 1. English law. The right of an owner of \ncommon lands to enclose them partially and receive \nincome arising from them. -This right -originally \ngranted by the Statute ofMerton (1235) is still avail\nable, but a landowner seeking to approve land must \nreceive the government's consent to do so. 2. Hist. The \nact of avoiding a capital conviction by accusing an \naccomplice; turning king's evidence. \napprover (<l-proo-v<lr), n. Hist. 1. One who offers proof; \nesp., a criminal who confesses and testifies against one \nor more accomplices. See relative confession under CON\nFESSION. Cf. ANTITHETARIUS. 2. An agent or bailiff; \nesp., one who manages a farm or estate for another. \napproximation, doctrine of. See DOCTRINE OF APPROXI\nMATION. \nappruare (ap-roo-air-ee), vb. [Law Latin] Hist. To obtain \na benefit from land by making improvements. \nappurtenance (a-part-[<l-]n<lnts), n. (14c) Something that \nbelongs or is attached to something else <the garden is \nan appurtenance to the land>. [Cases: Deeds C=117.] \n\"The word 'appurtenances' which in former times at least \nwas generally employed in deeds and leases is derived \nfrom the word apparenrir which is Norman French and \nmeans to belong to. Speaking broadly, the word means \nanything corporeal or incorporeal which is an incident of, \nand belongs to some other thing as principal. At a time \nwhen the construction of conveyances was of a more \ntechnical character than it is at present the word was con \nsidered of much greater importance than it is now and it \nwas considered that in its absence from a lease or other \nconveyance a very restricted meaning should attach to the \nwords of the description of the premises conveyed.\" 1 H.C. \nUnderhill, A Treatise on the Law of Landlord and Tenant \n 291, at 442-43 (1909). appurtenant, adj. (14c) Annexed to a more important \nthing. -Also termed (in Scots law) part and perti\nnent. \nappurtenant easement. See easement appurtenant under \nEASEMENT. \nAPR. abbr. See annual percentage rate under INTEREST \nRATE. \nd prendre (ah prawn-dr .. or -d..r). [French] (17c) For \ntaking; for seizure. See PROFIT APRENDRE. \na priori (ay pn-or-I or ah pree-or-ee), adv. [Latin \"from \nwhat is before\"] (17c) Deductively; from the general to \nthe particular <as an analyst, he reasoned a priori \nfrom seemingly self-evident propositions to particular \nconclusions>. Cf. A POSTERIORI. a priori, adj. \na provisione viri (ay pr<l-vizh-ee-oh-nee vl-n). [Latin] \nBy the provision ofa man (Le., a husband). \nAPS. abbr. 1. ADULT PROTECTIVE SERVICES. 2. AUTO\nMATED PATENT SYSTEM. \napud acta (ap-<ld ak-t<l). [Latin] Roman & civil law. \nAmong the acts; among the judicial proceedings \nrecorded in writing. _ This phrase refers to appeals \ntaken orally in the presence of the judge. \napud judicem. See IN JUDICIO. \nAPV. abbr. See adjusted present value under PRESENT \nVALUE. \na qua (ay kway or kwah). [Latin] See A QUO. \naqua (ak-w<l), n. [Latin] Roman law. 1. Water. 2. A water\ncourse. PI. aquae (ak-wee). \naqua aestiva (ak-w<l es-tI-V<l). Summer water; water \nused only in the summer. \naqua currens (ak-w<l kar-enz). See aqua profluens. \naqua dulcis (ak-w<l d31-sis). Fresh water. -Also termed \naqua frisca. \naquafontanea (ak-wa fon-tay-nee-<l). Springwater. \naquafrisca (ak-w.. fris-k<l). See aqua dulds. \naqua profluens (ak-w.. prof-loo-enz). Flowing or \nrunning water. Also termed aqua currens. \naqua quotidiana (ak-wa kwoh-tid~ee-ay-na). Daily \nwater; water that can be drawn at all times of the \nyear. Also spelled aqua cottidiane. \naqua salsa (ak-wa sal-s<l). Salt water. \naquaeductus (ak-wee-d<lk-t<ls), n. [Latin \"conveying of \nwater\"] See servitus aquae ducendae under SERVITUS. \naquae ferventis judicium. [Latin] Eccles. law. See ordeal \nby water (2) under ORDEAL. \naquae frigidae judicium. [Latin1Eccles. law. See ordeal \nby water (1) under ORDEAL. \naquaehaustus (ak-wee-haws-t<ls), n. [Latin \"drawing \nof water\"] A servitude granting the right to draw \nwater from a well, pool, spring, or stream on another's \nland. -Also termed jus aquaehaustus; servitus aquae\nhaustus; servitus aquae hauriendae. \n\n119 \naquae immittendae (ak-wee im-;l-ten-dee). [Latin \n\"waters to be discharged\"] A servitude consisting in \nthe right of one whose house is surrounded by other \nbuildings to discharge wastewater on the neighboring \nroofs or yards. -This is similar to common-law drip \nrights. -Also termed stillicidium. Cf. servitus stillicidii \nunder SERVITUS; DRIP RIGHTS. \naqua fontanea. See AQUA. \naqua frisca. See aqua dulcis under AQUA. \naquagium (J-kway-jee-;lm), n. [Law Latin] Hist. 1. A \ncanal for draining water, esp. from marshy land. 2. A \npayment for supplying water to a mill or carrying goods \nbywater. . \naqua projluens. See AQUA. \naqua quotidiana. See AQUA. \naqua salsa. See AQUA. \naquatic right. See WATER RIGHT. \nAquilian law. See LEX AQL'ILIA. \na quo (ah or ay kwoh), adv. [LatinJ From which. \nAlso termed a qua. See AD QUEM; court a quo under \nCOURT. \na quo invito aliquid exigi potest (ay kwoh in-vI-toh \nal-i-kwid ek-SJ-jI poh-test). [Latin] Scots law. From \nwhom something may be exacted against his will. \nThe phrase appeared in reference to the position of a \ndebtor under a legal obligation, as distinguished from \nhis position under a natural, voluntary obligation. \nA.R. abbr. ANNO REGNI. \narabant (J-ray-b.:mt). [Latin]lbey plowed. -This term \nwas applied to those who held by the tenure ofplowing \nand tilling the lord's lands within the manor. \narable land. See LAND. \naralia (J-ray-lee-,,), n. See arable land under LAND. \naratia (;l-ray-shee-J), n. See arable land under LAND. \narator (,,-ray-tdr), n. [Law Latin] Rist. A farmer ofarable \nland. \naratrum terrae (J-ray-tr;lm ter-ee), n. [Law Latin] Hist. \nThe amount ofland that can be plowed with a single \nplow; plowland. \naraturia (ar-<=l-t[y]oor-ee-<=l), n. [Law Latin] See arable \nland under LAND. \nARB. abbr. ACCOUNTING RESEARCH BULLETIN. \narbiter (ahr-b;l-tJr). (14c) One with the power to decide \ndisputes, such as a judge <the Supreme Court is the \nfinal arbiter oflegal disputes in the United States>. Cf. \nARBITRATOR. \narbitrage (ahr-b;l-trahzh), n. The simultaneous buying \nand selling ofidentical securities in different markets, \nwith the hope of profiting from the price difference \nbetween those markets. Also termed space arbitrage. \n[Cases: Securities Regulation 53.17(4).] arbi\ntrager (ahr-bJ-trazh-;lr), arbitrageur (ahr-b<=l-trah\nzh;)r), n. \nconvertible arbitrage. See kind arbitrage. arbitration \ncovered-interest arbitrage. The simultaneous invest\nment in a currency and execution of spot- and \nforward-rate foreign-exchange contracts to take \nadvantage of exchange-rate and interest-rate differ\nentials between currencies without assuming foreign\nexchange risk. \ncurrency arbitrage. The simultaneous purchase of \na currency in one market and sale of it in another \nto take advantage of differences or fluctuations in \nexchange rates. \nkind arbitrage. Purchase of a security that, having \nno restriction other than the payment of money, is \nexchangeable or convertible within a reasonable time \nto a second security, with a simultaneous offsetting \nsale of the second security. -Also termed convert\nible arbitrage. \nrisk arbitrage. Arbitrage ofassets that are probably, but \nnot necessarily, equivalent; esp., arbitrage of corpo\nrate stock in a potential merger or takeover, whereby \nthe target company's stock is bought and the acquir\ning company's stock is sold simultaneously. \ntime arbitrage. Purchase of a commodity against a \npresent sale ofthe identical commodity for a future \ndelivery; esp., the simultaneous buying and selling of \nsecurities for immediate delivery and future delivery, \nwith the hope of profiting from the difference in \nprices. \narbitrage bond. See BOND (3). \narbitrament (ahr-bi-trJ-m<1nt). (15c) 1. The power to \ndecide for oneself or others; the power to decide finally \nand absolutely. 2. The act of deciding or settling a \ndispute that has been referred to arbitration. [Cases: \nAlternative Dispute Resolution C=>30I-336.] 3. \nAWARD. Also spelled (archaically) arbitrement. \narbitrament and award. A plea that the same matter has \nalready been decided in arbitration. [Cases: Alternative \nDispute Resolution e=-380, 406.] \narbitrary, adj. (I5c) 1. Depending on individual discre\ntion; speci., determined by a judge rather than by fixed \nrules, procedures, or law. 2. (Of a judicial decision) \nfounded on prejudice or preference rather than on \nreason or fact. _ This type of decision is often termed \narbitrary and capricious. Cf. CAPRICIOUS. \narbitrary mark. See arbitrary trademark under TRADE\nMARK. \narbitrary name. See arbitrary trademark under TRADE\nMARK. \narbitrary trademark. See TRADEMARK. \narbitration, n. (15c) A method of dispute resolution \ninvolving one or more neutral third parties who are usu. \nagreed to by the disputing parties and whose decision \nis binding. -Also termed (redundantly) binding arbi\ntration. Cf. MEDIATION (1). [Cases: Alternative Dispute \nResolution Gc::: 111.] -arbitrate, vb. arbitral, adj. \nad hoc arbitration. (1931) Arbitration of only one \nissue. \n\n120 arbitration act \nadjudicative-claims arbitration. (I972) Arbitration \ndesigned to resolve matters usu. handled by courts \n(such as a tort claim), in contrast to arbitration of \nlabor issues, international trade, and other fields tra\nditionally associated with arbitration. \ncompromissory arbitration. An international arbi\ntration grounded on a mutual promise to define the \nscope of the dispute and abide by the arbitrator's \ndecision. See COMPROMIS. \ncompulsory arbitration. (l8B) Arbitration required \nby law or forced by law on the parties. \ncourt-ordered arbitration. See judicial arbitration. \nfinal-offer arbitration. (197l) Arbitration in which \neach party must submit a \"final offer\" to the arbitra\ntor, who may choose only one. -This device gives \neach party an incentive to make a reasonable offer or \nrisk the arbitrator's accepting the other party's offer. \nThe purpose of this type of arbitration is to counteract \narbitrators' tendency to make compromise decisions \nhalfway between the two parties' demands. \ngrievance arbitration. 1. Arbitration that involves the \nviolation or interpretation of an existing contract. \nThe arbitrator issues a final decision regarding the \nmeaning ofthe contractual terms. 2. Labor law. Arbi\ntration of an employee's grievance, usu. relating to \nan alleged violation of the employee's rights under"}
{"text": "\ntration of an employee's grievance, usu. relating to \nan alleged violation of the employee's rights under \na collective-bargaining agreement. -The arbitra\ntion procedure is set out in the collective-bargaining \nagreement. Grievance arbitration is the final step in \ngrievance procedure. -Also termed rights arbitra\ntion. See GRIEVANCE PROCEDURE. [Cases: Labor and \nEmployment \n\"The great majority of today's collective bargaining agree \nments provide for an impartial arbitrator to hear and \ndecide grievances under the bargaining agreement. The \ndetails of grievance arbitration vary considerably among \nagreements.\" Douglas L. leslie, Labor Law in a Nutshell \n264 (3d ed. 1 992). \ninterest arbitration. Arbitration that involves settling \nthe terms of a contract being negotiated between the \nparties; esp., in labor law, arbitration of a dispute \nconcerning what provisions will be included in a \nnew collective-bargaining agreement. -When the \nparties cannot agree on contractual terms, an arbitra\ntor decides. This type ofarbitration is most common \nin public-sector collective bargaining. [Cases: Labor \nand Employment \njudicial arbitration. Court-referred arbitration that \nis final unless a party objects to the award. Also \ntermed court-ordered arbitration. \nrights arbitration. See grievance arbitration. \nvoluntary arbitration. (18c) Arbitration by the agree\nment of the parties. \narbitration act. (1807) A federal or state statute provid\ning for the submission of disputes to arbitration. [Cases: \nLabor and Employment c:=> 1520.] \narbitration and award. An affirmative defense assert\ning that the subject matter of the action has already been settled in arbitration. [Cases: Alternative Dispute \nResolution \narbitration hoard. A panel of arbitrators appointed to \nhear and decide a dispute according to the rules of \narbitration. [Cases: Alternative Dispute Resolution \nC:=>220.] \narbitration bond. A performance bond executed by the \nparties in an arbitration. See PERFORMANCE BOND (1). \n[Cases: Alternative Dispute Resolution \narbitration clause. (1828) A contractual provision man\ndating arbitration and thereby avoiding litigation \nofdisputes about the contracting parties' rights, duties, \nand liabilities. [Cases: Arbitration C= 1.1.] \narbitration ofexchange. The simultaneous buying and \nselling of bills of exchange in different international \nmarkets, with the hope of profiting from the price dif\nference of the currencies in those markets. See ARBI\nTRAGE; DRAFT (1). \narbitrator, n. (ISc) A neutral person who resolves \ndisputes between parties, esp. by means of formal \narbitration. Also termed impartial chair; (in Latin) \ncompromissarius. Cf. MEDIATOR; ARBITER. [Cases: \nAlternative Dispute Resolution C:=>220.] arbitra\ntorship, n. \narbitrement. Archaic. See ARBITRAMENT. \narbitrium (ahr-bi-tree-<lm). [Law Latin] An award; a \ndecision of an arbitrator. \narbor civilis (ahr-b<lr siv-<l-lis). [Latin \"civil tree\"] A \ngenealogical tree. Also termed arbor consanguini\ntaUs. \narbor consanguinitatis. See ARBOR CIVILIS. \narbor finalis (ahr-b<lr fi-oay-lis). [Latin] Hist. A boundary \ntree; a tree used for marking a boundary line. \narborum furtim caesarum (ahr-bor-<lm f3r-tim \nsi-sair-<lm or si-zair-). [Latin] Roman law. A civil action \nin tort for secretly cutting down trees on another's \nland. \narcana imperii (ahr-kay-n<l im-peer-ee-I). [Latin] State \nsecrets. \narcarius (ahr-kair-ee-<ls). [Latin] Hist. A treasurer; a \nkeeper ofpublic money. \nArchaionomia (ahr-kee-<l-noh-mee-<l). A Latin trans\nlation of Saxon laws, published in 1568 by William \nLambarde. \narchbishop. Eccles. law. A church officer who has author\nity over all ecclesiastical matters within a province. \nWithin the Church of England, the Archbishop of Can\nterbury is superior in rank to but does not control the \nArchbishop ofYork, who has supreme authority in the \nprovince of York. Both are appointed for life by \nland's monarch (as head of the Church ofEngland), on \nthe advice of the Prime Minister, and are members of \nthe House of Lords. \narchbishopric. Eccles. law. An archbishop's jurisdiction \nor province. \n\n121 \narchdeaconry. Eccles. law. 1. An archdeacon's jurisdic\ntion. 2. The office or rank of an archdeacon. \nArchdeacon's Court. See COURT OF ARCHDEACON. \nArchdiaconal Court. See COURT OF ARCHDEACON. \nArches Court ofCanterbury. See COURT OF ARCHES. \narchicapellanus (ahr-kee-kap-d-Iay-nds). [Law Latin] \nHist. A chief or high chancellor. \nArchitect of the Capitol. The officer in the legislative \nbranch ofthe federal government responsible for main\ntaining the buildings and grounds of the U.S. Capitol, \nthe Supreme Court, and the Library ofCongress. -The \nArchitect also plans and supervises new building con\nstruction. The office was established in 1876. 2 USC A \n 1801, 181 L \narchitect's lien. See LIE1\\. \narchitectural review. See DESIGN REVIEW. \narchitectural work. See WORK (2). \narchival copy. Copyright. A copy of an original piece \nof software, made by the consumer for backup. -An \nowner may make archival copies of software without \ninfringing its copyright. But ifthe owner transfers the \noriginal software, all archival copies must also be trans\nferred or else destroyed. 17 USCA  117. [Cases: Copy\nrights and Intellectual Property (~67.3.) \narchive, n. (usu. pl.) 1. A place where public, historical, \nor institutional records are systematically preserved. \n[Cases: Records 13.] 2. Collected and preserved \npublic, historical, or institutional papers and records. 3. \nAny systematic compilation of materials, esp. writings, \nin physical or electronic form. -archive, vb. \nArchivist of the United States. The federal officer in \ncharge of the National Archives and Records Admin\nistration. \narcifinious (ahr-sd-fin-ee-ds), adj. [fr. Latin arcijin\nius \"having irregular boundaries\"] Civil law. 1. (Of \n. a landed estate) having natural boundaries such as \nwoods, mountains, or rivers. 2. (Of a country) having \na frontier that forms a natural defense. \narcta et salva custodia (ahrk-td et sal-vd kd-stoh-dee-a). \n[Law Latin] Hist. In close and safe custody . A defen\ndant arrested under the writ of capias ad satisfacien\ndum was said to be kept arcta et salva custodia. \nardour. [Law French] Hist. An arsonist. \narea bargaining. Negotiation of collective-bargaining \nagreements by a union with several employers in a par\nticular geographic area. \narea-rate clause. Oil & gas. A price-escalation provi\nsion in a long-term gas contract permitting an auto\nmatic increase in the contract price if any regulatory \nagency prescribes or allows a higher price on gas sold \nin the area. Also termed FPC clause. [Cases: Gas \n14.1(3).] \narea-standards picketing. Labor law. The practice that a \nunion undertakes to protect its members in a particular \nregion by picketing employers that may undercut the argumentative \nmarket through the potentially lower labor costs of a \nnonunion workforce. \narea variance. See VARIANCE (2). \nAreeda-Turner test. Antitrust. An economic test for \npredatory pricing whereby a price below average \nvariable cost is presumed to be predatory and there\nfore illegal. -This test is widely accepted by federal \ncourts. Its name derives from the coauthors ofan influ\nentiallaw-reviewarticle: Phillip Areeda & Donald F. \nTurner, Predatory Pricing and Practices Under Section \n2 ofthe Sherman Act, 88 Harv. L. Rev. 692 (1975). They \nreformulated their test in 3 Phillip Areeda & Donald \nF. Turner, Antitrust Law ~~ 7l0-722 (1978). See PREDA\nTORY PRICING. \nIi rendre (ah rawn-drd or -ddr). [Law French] To render; \nto yield. \narentare (ar-an-tair-ee). [Law Latin] To rent out; to let \nout at a certain rent. \nA reorganization. See REORGANIZATION (2). \narere (a-reer), adj. [Law French] Behind in payment (as \nofrent); in arrears. See ARREAR (1). \na responsis (ay ri-spon-sis), 11. [Law Latin] See APOCRI\nSARIUS. \nargo abbr. ARGUENDO (2). \nargentarius (ahr-j;m-tair-ee-as), n. [Latin] Roman law. \nA moneylender; a banker. \nargentarius miles (ahr-jdn-tair-ee-as ml-leez), n. [Law \nLatin] His!. A money porter who carries money from \nthe lower to the upper Exchequer to be examined and \ntested. \nargentum (ahr-jen-t<lm), n. [Latin] Silver; esp., silver \ncoinage. \nargentum dei (ahr-jen-tam dee-I), n. [Law Latin) See \nDENARIUS DEI. \narguendo (ahr-gyoo-en-doh). [Latin \"in arguing\"] (1817) \n1. For the sake ofargument <assuming arguendo that \ndiscovery procedures were correctly followed, the court \nstill cannot grant the defendant's motion to dismiss>. \n2. During the course ofargument <counsel mentioned \narguendo that the case has been followed in three other \ndecisions>. -Abbr. argo \narguer. One who makes an oral argument; esp., an \nattorney, often one ofseveral attorneys representing the \nsame client, who presents an oral argument in court. \nargument. (14c) 1. A statement that attempts to persuade; \nesp., the remarks ofcounsel in analyzing and pointing \nout or repudiating a desired inference, for the assis\ntance of a decision-maker. 2. The act or process of \nattempting to persuade. See ORAL ARGUMENT; CLOSING \nARGUMENT. \n\"[W]e may define ... an argument as a course of reasoning \nwhich firmly establishes a matter about which there is some \ndoubt.\" Cicero, De Inventione; De Optimo Genere Oratorum; \nTopica 387 (H.M. Hubbell trans. 1949) (repr. 2006). \nargumentative, adj. (lSc) 1. Ofor relating to argument \nor persuasion <an argumentative tone of voice>. 2. \n\n122 argumentative instruction \nExpressing not only facts, but also inferences and \nconclusions drawn from facts <the judge sustained \nthe prosecutor's objection to the argumentative \nquestion>. \nargumentative instruction. See JURY INSTRUCTION. \nargumentative pleading. See PLEADING (1). \nargumentative question. A question in which the \nexaminer interposes a viewpoint under the guise of \nasking a question. This is considered an abuse of \ninterrogation. [Cases: Witnesses ~236.] \nargumentum (ahr-gyoo-men-t<lm), n. [Latin] An \nargument. PI. argumenta. \nargumentum ab auctoritate (ahr-gyoo-men-t<lmab \nawk-tor-<l-tay-tee). [Latin] An argument from author\nity (of a statute or case). \nargumentum ab impossibili (ahr-gyoo-men-t<lmab \nim-pah-sib-<:>-lr). [Latin] An argument from impos\nsibility. \nargumentum ab inconvenienti (ahr-gyoo-men-t<:>m \nab in-bn-vee-nee-en-tr). (Latin] An argument from \ninconvenience; an argument that emphasizes the \nharmful consequences offailing to follow the position \nadvocated. \nargumentum a contrario (ahr-gyoo-men-t<:>m ay bn\ntrair-ee-oh). [Latin] An argument for contrary treat\nment. \nargumentum ad baculum (ahr-gyoo-men-t<:>m ad bak\ny<:>-l<:>m). [Latin] An argument depending on physical \nforce to back it up. \nargumentum ad captandum (ahr-gyoo-men-t<:>m ad \nkap-tan-d<lm). [Latin] An argument appealing to the \nemotions ofa crowd. \nargumentum ad crumenam (ahr-gyoo-men-t<lm ad \nkroo-mee-n<:>m). [fro Latin crumena \"purse\"] An \nargument appealing to the purse (or one's desire to \nsave money). \nargumentum ad hominem (ahr-gyoo-men-t<:>m ad \nhom-<:>-n<:>m or -nem). [Latin \"argument to the man\"] \nAn argument based on disparagement or praise of \nanother in a way that obscures the real issue. \nargumentum ad ignorantiam (ahr-gyoo-men-t<:>mad \nig-m-ran-shee-<:>m). [Latin] An argument based on an \nadversary's ignorance of the matter in dispute. \nargumentum ad invidiam (ahr-gyoo-men-tam ad \nin-vid-ee-<:>m). [Latin] An argument appealing to \none's hatreds or prejudices. \nargumentum ad judicium (ahr-gyoo-men-t<lm ad joo\ndish-ee-dm). [Latin] An argument addressed to the \njudgment; a proofbased on knowledge or probabil\nity. \nargumentum ad misericordiam (ahr-gyoo-men\nt<:>m ad miz-<l-ri-kor-dee-<:>m). [Latin] An argument \nappealing to pity. argumentum ad populum (ahr-gyoo-men"}
{"text": "e-<:>m). [Latin] An argument \nappealing to pity. argumentum ad populum (ahr-gyoo-men-t<:>mad \npop-y<l-l<lm). [Latin] An argument appealing to the \ncrowd. \nargumentum ad rem (ahr-gyoo-men-t<lm ad rem). \n[Latin] An argument on the point at issue. \nargumentum ad verecundiam (ahr-gyoo-men-t<:>m ad \nver-<:>-k;m-dee-<:>m). [Latin] An argument appealing \nto the listener's modesty; an argument based on the \nopinions ofpeople who are considered authorities. \nargumentum a simili (ahr-gyoo-men-t<lm ay sim-d-b). \n[Latin \"argument from a like case\"] An argument by \nanalogy or similarity. \nargumentum baculinum (ahr-gyoo-men-tdm bak\np-h-n<:>m). [fro Latin baculus \"a rod or scepter\"] An \nargument appealing to force. \nargumentum ex concesso (ahr-gyoo-men-t<:>m eks \nk<:>n-ses-oh). [Latin] An argument based on an earlier \nadmission by the adversary. \nargumentum ex silentio (ahr-gyoo-men-tam eks si\nlen-shee-oh). [Latin] An argument from silence \ni.e., based on the absence of express evidence to the \ncontrary. \narimanni (ar-d-man-r), n. [Law Latin] Hist. A fine for \nnot joining the army when summoned. \narise, vb. (bef. 12c) 1. To originate; to stem (from) <a \nfederal claim arising under the U.S. Constitution>. 2. \nTo result (from) <litigation routinely arises from such \naccidents>. 3. To emerge in one's consciousness; to \ncome to one's attention <the question of appealabil\nity then arose>. 4. (Of a court) to adjourn; to suspend \nsitting. \narising-in jurisdiction. See JURISDICTION. \naristocracy. 1. A privileged class of persons, esp. the \nhereditary nobility. 2. A government ruled by a privi\nleged class. \naristodemocracy. A government consisting of both \ndemocratic and aristocratic elements; a government in \nwhich power is divided between the nobility (or more \npowerful group) and the rest ofthe people. \nArkansas rule. Secured transactions. 1he principle that \nthe collateral securing a loan is presumed to be worth at \nleast as much as the loan's balance, and that the creditor \nhas the burden to prove that a sale of the collateral \nwould not satisfy the loan amount. Norton v. National \nBank ofCommerce, 398 S.w.2d 538 (Ark. 1966). [Cases: \nSecured Transactions 0::>229, 240.] \nARM. abbr. See adjustable-rate mortgage under \nMORTGAGE. \narma (ahr-m<l), n. pl. [Latin] Roman law. 1. Arms; \nweapons. 2. Military service. \narma moluta (ahr-md m<l-loo-t<:. [Law Latin] Sharp \nweapons that cut, as contrasted with blunt instru\nments that bruise or break. \narma reversata (ahr-m<:> ree-v<:>r-say-t<:. [Law Latin] \nReversed arms. This was a punishment for a felon \nor traitor. \n\n123 \narmaria. See ALMARIA. \narmata vis (ahr-may-ta vis). See VIS ARMATA. \narmed, ad). 1. Equipped with a weapon <an armed \nrobber>. 2. Involving the use of a weapon <armed \nrobbery>. \narmed conflict. Int'llaw. 1. A state of open hostil\nity between two nations, or between a nation and an \naggressive force . A state of armed contlict may exist \nwithout a formal declaration of war by either side. 2. \nA military action taken under Article 42 of the United \nNations Charter. -Also termed police action. \narmed neutrality. See NEUTRALITY. \narmed peace. See PEACE. \narmed robbery. See ROBBERY. \nArmed Services Board of Contract Appeals. A quasi\njudicial board that reviews appeals from final decisions \nof contracting officers involving disputes relating to \ncontracts made by elements of the Department of \nDefense and designated civilian agencies . Its deci\nsions are subject to judicial review. -Abbr. ASBCA. \n[Cases: United States C='73(15).] \narmiger (ahr-ma-jar), n. [Latin fro arma \"arms\" +gerere \n\"to bear\"] Rist. 1. One who bears arms; an armor\nbearer; an esquire. 2. A servant who carried the armor \nof a knight. 3. A tenant by scutage; a valet. \narm-in-arm, adj. (2000) Of, relating to, or involving a \ntransaction between parties whose personal interests \nare involved. Cf. ARM'S-LENGTH. \narmiscara (ahr-ma-skair-a), n. [Law Latin] Hist. 1. A \npunishment consisting of carrying a saddle on one's \nback as a sign ofsubjection. 2. A fine. \narmistice. See TRUCE. \narm ofthe court. An officer of the court who performs \ntasks or duties related to the court's functions. [Cases: \n. Courts C=~55.1 \narm ofthe sea. The portion of a river or bay in which \nthe tide ebbs and flows. It may extend as far into the \ninterior as the water of the river is propelled backward \nby the tide. [Cases: Navigable Waters C':'1(4).] \narm ofthe state. (1953) An entity created by a state and \noperating as an alter ego or instrumentality of the \nstate, such as a state university or a state department \nof transportation . The lIth Amendment of the U.S. \nConstitution generally bars suits in federal court by \nindividuals against states. The Amendment has been \ninterpreted as protecting arms of the state as well as \nthe state itself. Cities and local school districts have \nbeen held not to be arms of the state. [Cases: Federal \nCourts (::::c269, 270.1 \narms, law of. 1. Rules concerning conditions of war, such \nas the treatment of prisoners. 2. The law relating to the \nright to bear arms. [Cases: Weapons (;C:,1.] 3. The law \nrelating to armorial bearings, i.e., coats of arms granted \nby the College ofHeralds in England, Lord Lyon King \nof Arms in Scotland, and corresponding officers in \nsome other countries. array \narms, right to bear. See RIGHT TO BEAR ARMS. \narms control. Int'llaw. A policy of minimizing insta\nbilities in the military field by lessening the possibil\nity of the outbreak of war while redUcing in number a \ncountry's weapons of mass destruction. Cf. DISARMA\nMENT. \narm's-length, adj. Ofor relating to dealings between two \nparties who are not related or not on close terms and \nwho are presumed to have roughly equal bargaining \npower; not involving a confidential relationship <an \narm's-length transaction does not create fidUciary \nduties between the parties>. Cf. ARM-IN-ARM. [Cases: \nContracts 1; Fraud \narm's-length price. See PRICE. \narm's-length transaction. See TRANSACTION. \narmy. 1. A military force, esp. of ground troops. [Cases: \nArmed Services C':'4.] 2. Any substantial group of \nindividuals armed for combat. 3. A vast, organized \ngroup. \nregular army. The permanent military establishment, \nmaintained during both war and peacetime. \narra (ar-d), n. [Latin \"earnest, deposit\"] Roman & civil \nlaw. Earnest money; money given as evidence of a com\npleted bargain. See DE:;rARIUS DEL Cf. GOD'S PENNY. \nAlso spelled arrha. PI. arrae. \narraignment, n. (16c) The initial step in a criminal pros\necution whereby the defendant is brought before the \ncourt to hear the charges and to enter a plea. Fed. R. \nCrim. P. 10. Cf. PRELIMINARY HEARING; initial appear\nance under APPEARANCE. [Cases: Criminal Law G~ \n261-264.] arraign, vb. \narrangement in order of breadth. Patents. The place\nment of claims in a patent application in order ofscope \nso that the first claim in the application or patent is the \nbroadest and later claims are progressively narrower. \n[Cases: Patents <:;:::>98.] \narrangements committee. See COMMITTEE. \narrangement with creditors. Bankruptcy. A debtor's \nagreement with creditors for the settlement, satisfac\ntion, or extension of time for payment of debts. See \nBANKRUPTCY PLAN. [Cases: BankruptcyG-'-::>3661.100\n3661.115.] \narranger for disposal. Envirollmentallaw. An entity that \nowns or possesses hazardous substances, and either \ndisposes ofthem or has an obligation to control them. \n An arranger for disposal can be held liable for envi\nronmental cleanup costs under CERCLA. [Cases: Envi\nronmental Law C':'445(l).] \narray, n. (14c) 1. A panel of potential jurors; VENIRE (1) \n<the array of mostly wealthy professionals seemed \nto favor the corporate defendant>. [Cases: Jury \n66, 114.] 2. The jurors actually empaneled <the array \nhearing the case consisted of seven women and five \nmen>. 3. A list or roster of empaneled jurors <the \nplaintiff obtained a copy of the array to help prepare \nfor voir dire>. [Cases: Jury (;::>69.] 4. Order; arrange\nment <the array of jurors from oldest to youngest>. 5. \n\n124 array \nA militia <the array organized antigovernment rallies>. \n6. A series of statistics or a group ofelements <a math\nematical array>. \narray, vb. (16c) 1. To empanel a jury for trial. 2. To call \nout the names ofjurors, one by one, as they are empan\neled. \narrear, n. (usu. pl.) (l7c) 1. The state ofbeing behind in \nthe payment ofa debt or the discharge ofan obligation \n<the creditor filed alawsuit against the debtor who was \nin arrears>. Also termed arrearage. 2. An unpaid or \noverdue debt <the creditor reached an agreement with \nthe debtor on settling the arrears>. 3. An unfinished \nduty <the arrears of work have accumulated>. See IN \nARREARS. \narrearage. 1. See ARREAR (l). 2. An unpaid dividend \nfrom a past period that is due to a holder of preferred \nstock. See cumulative dividend under DIVIDEND. \narrent (il-rent), vb. Hist. To let at a fixed rent; specif., to \ngive royal permission to enclose (a portion of public \nland) in exchange for annual rent. \narrest, n. (14c) 1. A seizure or forcible restraint. 2. 1he \ntaking or keeping of a person in custody by legal author\nity, esp. in response to a criminal charge; specif., the \napprehension of someone for the purpose of securing \nthe administration of the law, esp. of bringing that \nperson before a court.] arrest, vb. [Cases: Arrest \nC=>68(3).] \n\"The question of what constitutes an arrest is a difficult \none. On one end of the spectrum, it seems apparent that \ndetention accompanied by handcuffing, drawn guns, or \nwords to the effect that one is under arrest qualifies as an \n'arrest' and thus requires probable cause. At the other end, \na simple questioning on the street will often not rise to the \nlevel of an arrest. Somewhere in between lie investigative \ndetentions at the stationhouse ....\" Charles H. Whitebread, \nCriminal Procedure  3.02, at 61 (1980). \narrest by warrant. See lawful arrest under ARREST. \narrest in execution. See arrest on final process. \narrest in quarters. Military law. A nonjudicial punish\nment that can be given to officers and warrant officers \nonly by a general, a flag officer in command, or an \nofficer exercising general court-martial jurisdiction. \nSee BREACH OF ARREST. [Cases: Military Justice \narrest on final process. Hist. Arrest in a civil case after \nthe conclusion of a trial. -Also termed arrest in \nexecution. \narrest on mesne process (meen). Hist. Arrest in a civil \ncase before trial takes place. \ncitizen's arrest. (1941) An arrest ofa private person by \nanother private person on grounds that (1) a public \noffense was committed in the arrester's presence, or \n(2) the arrester has reasonable cause to believe that \nthe arrestee has committed a felony. [Cases: Arrest \n{\"'>64.] \ncivil arrest. Hist. An arrest and detention ofa civil-suit \ndefendant until bail is posted or a judgment is paid . \nCivil arrest is prohibited in most states. dragnet arrest. A sweeping arrest of people suspected \nofpossible involvement in criminal activity or a civil \ndisturbance . This type of arrest is illegal because it \nis based not on probable cause but on unsupported \nsuspicion or belief. Also termed round-up; whole\nsale arrest. [Cases; Arrest C=>63.4(17).] \nfalse arrest. (lSc) An arrest made without proper legal \nauthority. Cf. FALSE IMPRISONMENT. \nhouse arrest. See HOUSE ARREST. \nlawful arrest. (ISc) The taking of a person into legal \ncustody either under a valid warrant or on probable \ncause that the person has committed a crime. -Also \ntermed arrest by warrant; warrant arrest. Cf. unlawful \narrest. \nmalicious arrest. (18c) An arrest made without \nprobable cause and for an improper purpose; esp., \nan abuse of process by which a person procures the \narrest (and often the imprisonment) of another by \nmeans of judicial process, without any reasonable \ncause. Malicious arrest can be grounds for an action \nfor abuse of"}
{"text": "\nmeans of judicial process, without any reasonable \ncause. Malicious arrest can be grounds for an action \nfor abuse ofprocess, false imprisonment, or malicious \nprosecution. \nmaterial-witness arrest. An arrest of a witness to a \ncrime for the purpose ofindUcing the witness to talk \nto police . lbis type of arrest requires a warrant \nbased on probable cause. [Cases: Witnesses \nparol arrest (pa-rohl or par-ill). (1904) An arrest \nordered by a judge or magistrate from the bench, \nwithout written complaint, and executed immedi\nately, such as an arrest of a person who breaches the \npeace in open court. See CONTEMPT. \npretextual arrest. (1968) An arrest of a person for a \nminor offense to create an opportunity to investigate \nthe person's involvement in a more serious offense for \nwhich there is no lawful ground to make an arrest. \nAlso termed pretext arrest. \nrearrest. A warrantless arrest of a person who has \nescaped from custody, violated parole or probation, \nor failed to appear in court as ordered. \nsubterfuge arrest. An arrest of a suspect for the \nstated purpose of obtaining evidence of one crime \nbut with the underlying intent to search the suspect \nfor evidence of a different crime. [Cases: Arrest C=> \n63.4(1).] \nunlawful arrest. The taking of a person into custody \neither without a valid warrant or without probable \ncause to believe that the person has committed a \ncrime. Cf. lawful arrest. [Cases: Arrest C=>63.4(0.5), \n65.] \nwarranted arrest. (1950) An arrest made under author\nity of a warrant. [Cases: Arrest (;::::)65.] \nwarrantless arrest. (l958) A legal arrest, without a \nwarrant, based on probable cause of a felony, or \nfor a misdemeanor committed in a police officer's \npresence. -Also termed arrest without a warrant. \nSee WARRANT. [Cases: ArrestC=>62.] \nwholesale arrest. See dragnet arrest. \n\n125 \n3. lvIaritime law. The taking of a ship and sometimes \nits cargo into custody by virtue of a court's warrant. \n[Cases: Admiralty <::;:=>48.) \narrestable offense. See OFFENSE (1). \narrestandis bonis ne dissipentur. See DE ARREST ANDIS \nBONIS NE DISSIPENTUR. \narrestando ipsum qui pecuniam recepit. See DE ARRE\nSTANDO IPSUM QUI PECUNIAM RECEPIT. \narrestatio (ar-a-stay-shee-oh), n. [Law Latin) Hist. An \narrest. \narrest by warrant. See lawful arrest under ARREST. \narrestee. (1844) 1. A person who has been taken into \ncustody by legal authority; a person who has been \narrested. 2. Scots law. One who holds property attached \nby arrestment. \narrester. One who arrests. -Also spelled arrestor. \narrest in execution. See arrest on final process under \nARREST. \narrest in quarters. See ARREST. \narrestment. 1. 'The arrest of a person or of personal \neffects. 2. Scots law. The taking or attachment of \nproperty belonging to another person but in the pos\nsession of a third party, either to obtain security or \nto found jurisdiction. -'The process of attachment is \nsimilar to garnishment: the property holder is ordered \nto withhold the property from the debtor. The court \nmay order that the property be transferred to the \ncreditor. \narrestment in execution. Post judgment arrestment to \npreserve property on which to collect the judgment. \narrestment in security. See arrestment on the depen\ndence. \narrestment on the dependence. Prejudgment arrest\nment to secure payment of a judgment against a \ndebtor who is likely to leave the country to escape \nthe creditor. -The arrestment may be ordered even \nthough the creditor has not begun an action on the \ndebt or an action is still pending. -Also termed \narrestment in security. \narrestment to found jurisdiction. Arrestment for the \npurpose of conferring legitimate legal authority on a \ncourt, esp. when the debtor is a foreigner who is not \npresent in and does not own land in a given place. \n3. The action of checking or stopping something. \narresto facto super bonis mercatorum alienigenorum \n(<I-res-toh fak-toh s[y]oo-par boh-nis mClr-ka-tor-Clm \nay-Iee-ee-m-ja-nor-am or al-ee-). [Latin \"seizure of the \ngoods of foreign merchants\"] Hist. A writ to seize the \ngoods of an alien, taken in recompense ofgoods taken \nfrom an English subject living abroad. \narrest of inquest. A plea that a matter proposed for \ninquiry has already been investigated and should there\nfore not be reexamined. \narrest ofjudgment. (17c) The staying ofa judgment after \nits entry; esp., a court's refusal to render or enforce a arriere vassal \njudgment because of a defect apparent from the record. \n At common law, courts have the power to arrest \njudgment for intrinsic causes appearing on the record, \nas when the verdict differs materially from the plead\nings or when the case alleged in the pleadings is legally \ninsufficient. Today, this type of defect must typically be \nobjected to before trial or before judgment is entered, so \nthat the motion in arrest ofjudgment has been largely \nsuperseded. -Also termed allocutus. [Cases: Criminal \nLaw <::;:=>966-976; Federal Civil Procedure <::;:=>2571; \nJudgment <::;:=>259-269.] \n\"An arrest ofjudgment [under common lawl was the techni \ncal term describing the act of a trial judge refusing to enter \njudgment on the verdict because of an error appearing on \nthe face of the record that rendered the judgment invalid.\" \nUnited States V. Sisson, 399 U.S. 267, 280-81,90 S.Ct. 2117, \n2125 (1970). \narrest on final process. See ARREST. \narrest on mesne process. See ARREST. \narrest record. (1930) 1. A form completed by a police \nofficer when a person is arrested. 2. A cumulative list \nof the instances when a person has been arrested. \nAlso termed police blotter; (in sense 2) bench blotter; \nblotter; log. \narrestum jurisdictionis fundandae causa (a-res-tam \njuur-is-dik-shee-oh-nis fun-dan-dee kaw-za). [Law \nLatin \"an arrestment for the purpose offounding juris\ndiction\"] Scots law. An arrestment to bring a foreigner \nunder the jurisdiction of Scottish courts . This type \nof arrestment originated in Dutch law. See JURISDIC\nTIONIS FUNDANDAE. \narrest warrant. See WARRANT (1). \narrest without a warrant. See warralltless arrest under \nARREST. \narret (ah-ret or -ray). [French] Civil law. 1. A judgment, \nsentence, or decree of a court with competent jurisdic\ntion. 2. A sovereign's decree. PI. arrets. \narret de reglement (a-re da re-glCl-mahn), n. [French] \nHist. Civil law. A decision issued by Parliament to \nestablish a rule ofprocedure, civil law, or custom. \narretted (Cl-ret-id), adj. [Law French) (Of an accused) \nbrought before a judge and charged with a crime. \narrha (ar-a). See ARRA. \narrha sponsalitia (ar-ee spon-sa-lish-ee-a). [Latin] \nRoman law. A payment made to guarantee fulfillment \nof a promise to marry. \narriage and carriage (ar-ij). Hist. Indefinite services \nformerly demandable from tenants, but prohibited by \nstatute in the 18th century. \narriere-ban (ah-ree-air-bahn or ar-ee-air-ban), n. \n[French] Hist. 1. A king's proclamation summoning \nvassals to military service. 2. The group of vassals so \nsummoned. \narriere fee. See arriere fee under FEE (2). \narriere fief. See arriere fee under FEE. \narriere vassal. See VASSAL. \n\n126 arrogatio \narrogatio. See ADROGATION. \narrogation (ar-<l-gay-sh;m), n. (16c) 1. TI1e act ofclaiming \nor taking something without the right to do so <some \ncommentators argue that limited military actions uni\nlaterally ordered by the President are an arrogation of \nCongress's power to declare war>. 2. Roman & civil \nlaw. The adoption of an adult; specif., the adoption \nof a person sui juris, as a result of which the adoptee \nloses independence and comes within the paternal \npower (patria potestas) of the adopting father. [Cases: \nAdoption (;::'5.]- arrogate, vb. \nARS. abbr. AGRICULTURAL RESEARCH SERVICE. \narser in ie main (ahr-say an IJ man or an l<l man), n. \n[French \"burning in the hand\"] Hist. A punishment \nofburning or branding the left thumb ofa lay offender \nwho falsely claimed and was allowed the benefit of \nclergy, so that the offender would be distinguished ifhe \ntried to claim the benefit again. Also termed arsure \nen Ie main (ahr-soor awn IJ man or awn l<l man). \narson, n. (17c) 1. At common law, the malicious burning \nof someone else's dwelling house or outhouse that is \neither appurtenant to the dwelling house or within the \ncurtilage. [Cases: Arson <:;:=) L] \n\"The thing that is burnt must be a 'house', but this word \nhas a large meaning; already in 1220 we find the burning of \na barn that was full of corn treated as a felony.\" 2 Frederick \nPollock & Frederic William Maitland, History ofEnglish Law \nBefore the Time of Edward 1492 (2d ed. 1899). \n\"The burning of one's own dwelling to collect insurance \ndid not constitute common-law arson. It was generally \nassumed in early England that one had the legal right to \ndestroy his own property in any manner he chose.\" Denis \nBinder, \"Arson: Legal Aspects,\" in 1 Encyclopedia ofCrime \nand Justice 80, 80 (Sanford H. Kadish ed., 1983). \n\"At common law, arson is the wilful and malicious burning \nof the dwelling house of another. It may occur during the \nnighttime or the daytime, and it is an offense against the \nsecurity of habitation or occupancy, rather than against \nownership or property.\" 3 Charles E. Torcia, Wharton'S \nCriminal Law  334. at 324-25 (15th ed. 1995). \n2. L;nder modern statutes, the intentional and wrongful \nburning of someone else's property (as to destroy a \nbuilding) or one's own property (as to fraudulently \ncollect insurance). See Model Penal Code  220.1(1). \nAlso termed (in Latin) crimen incendii; (in sense 2) stat\nutory arson. Cf. HOUSEBURNING; CRIMINAL DAMAGE \nTO PROPERTY. \n\"The term 'statutory arson' is employed to designate \nthe entire area of statutory proscription which is analo\ngous to. but does not constitute, common-law arson. It \nis important to have mutually exclusive labels here not \nonly for the reasons mentioned in the preceding section, \nbut because some of the state statutes provide a penalty \nfor arson without defining the word and hence adopt the \ncommon-law definition.\" Rollin M. Perkins & Ronald N. \nBoyce, Criminal Law 287 (3d ed. 1982). \n\"(1) Arson. A person is guilty of arson, a felony of the second \ndegree, if he starts a fire or causes an explosion with the \npurpose of: (a) destroying a building or occupied structure \nof another; or (b) destroying or damaging any property, \nwhether his own or another's, to collect insurance for such \nloss. It shall be an affirmative defense to prosecution under \nthis paragraph that the actor's conduct did not recklessly \nendanger any building or occupied structure of another or place any other person in danger of death or bodily injury.\" \nModel Penal Code  220.1 (1997). \naggravated arson. Arson accompanied by some aggra\nvating factor, as when the offender foresees or antici\npates that one or more persons will be in or near the \nproperty being burned. [Cases: Arson 12.] \narsonable, adj. (1902) (Of property) ofsuch a nature as \nto give rise to a charge of arson if maliciously burned \n<only real property, and not personal property, is \narson able>. [Cases: Arson (;::'5.] \narson clause. Insurance. An insurance-policy provi\nsion that excludes coverage of a loss due to fire if the \ninsured intentionally started the fire. [Cases: Insurance \n(;::'2166(3).] \narsonist. (1864) One who commits arson; INCENDIARY \n(1). \narsonous, adj. Of, relating to, or involving arson <an \narsonous purpose>. \narsura (ahr-s[y]oor-a), n. [Law Latin] Hist. 1. The trial \nof money by heating it after it is coined. 2. The loss in \nweight from this process. \narsure en la main (ahr-soor awn lah man), n. [Law \nFrench] See ARSER IN LE MAIN. \nART. abbr: ASSISTED REPRODUCTIVE TECHNOLOGY. \nart. (Be) 1. Creative expression, or the product ofcreative \nexpression. 2. An occupation or business that requires \nskill; a craft. 3. Patents. A field of useful endeavor; the \nmethodical application ofknowledge or skill in creating \nsomething new. [Cases: Patents (;::':5.1 \nanalogous art. Patents. A technique, product, applica\ntion, machine, or method that is reasonably related \nto the problem addressed by the invention, and with \nwhich the inventor is assumed to be familiar. Also \ntermed pertinent"}
{"text": "\nto the problem addressed by the invention, and with \nwhich the inventor is assumed to be familiar. Also \ntermed pertinent art. See NONOBVIOUSNESS. [Cases: \nPatents (;=,16(3).] \nnuisance prior art. Patents. Information that appears \nto anticipate or obviate an invention, but does not \nactually do so because the earlier described invention \nwas neither reduced to practice nor adequately dis\nclosed in any documents . Nuisance prior art does \nnot bar a patent's issuance, but it may prolong the \nprosecution. The term does not apply to efforts that \nare not prior art at all, such as descriptions of unsuc\ncessful attempts to reduce an invention to practice, \nor to writings that do not disclose real inventions or \ntechnology, such as science-fiction. [Cases: Patents \n16(2).] \npertinent art. 1. See analogous art. 2.See relevant art. \nprior art. Patents. Knowledge that is publicly known, \nused by others, or available on the date of invention \nto a person of ordinary skill in an art, including what \nwould be obvious from that knowledge. Prior art \nincludes (1) information in applications for previously \npatented inventions; (2) information that was pub\nlished more than one year before a patent application \nis filed; and (3) information in other patent applica\ntions and inventor's certificates filed more than a year \n\n127 \nbefore the application is filed. The u.s. Patent and \nTrademark Office and courts analyze prior art before \ndeciding the patentability ofa comparable invention. \n35 USCA  102. [Cases: Patents ~16(2).] \nrelevant art. Patents. Art to which one can reasonably \nbe expected to look for a solution to the problem that \na patented device tries to solve. -The term includes \nnot only knowledge about a problem in a particular \nindustry, but also knowledge accumulated in scien\ntific fields whose techniques have been commonly \nemployed to solve similar problems. Also termed \npertinent art. \n4. Hist. In a seduction case, the skillful and systematic \ncoaxing of another to engage in sexual activity. \nart and part, adj. & adv. English & Scots law. Aiding in or \ncontributing to the commission ofa crime <the lookout \nwas involved in the burglary on an art-and-part basis> \n<the baker acted art and part in the prisoner's escape by \nproducing a cake with a file in it>. See ACCESSORY (2). \nart and part, n. Scots law. Participation in or encourage\nment of a crime; criminal guilt by assisting, adviSing, or \nparticipating in the crime. Cf. OPE ET CO:-lSILIO. \n\"Scots law never distinguished between degrees of partici\npation in a crime, between what English law distinguished \nas accession before the fact, concomitant accession, and \naccession after the fact. In treason all participants were \ntreated as principal offenders and indictments in other \ncases charged the accused as 'actor or art and part'. The \nCriminal Procedure (Scotland) Act 1887 made this an unnec\nessary but implied charge in all indictments.\" 6 David M. \nWalker, A Legal History ofScotland 397 (2001). \nartful pleading. See PLEADING (2). \nart group. Patents. A collection of art units in the U.S. \nPatent and Trademark Office, led by a group director. \narticle, n. (13c) L Generally, a particular item or thing \n<article ofclothing>. \nproprietary article. (often pl.) A product manufactured \nunder an exclusive right to sell it \n2. A separate and distinct part (as a clause or stipula\ntion) of a writing, esp. in a contract, statute, or consti\ntution <Article III>. 3. (pl.) An instrument containing \na set ofrules or stipulations <articles ofwar> <articles \nof incorporation>. 4. A nonfictional literary composi\ntion forming an independent part ofa publication, such \nas a law review or journal <a well-researched, timely \narticle>. 5. Patents. A workpiece, product, or thing that \nis operated on, modified, or changed by a machine or \nprocess. 6. Patents. An article of manufacture. See \nMA:-IUFACTURE. 7. Eccles. law. In an ecclesiastical court, \none of a plaintiff's complaints or charges against the \ndefendant. The complaint or charge may be presented \nby oral declaration or by a written document. \narticle, vb. 1. To bring charges against by an exhibition \nofarticles. 2. To be an articled clerk. \narticle of manufacture. See MA:-IUFACTURE. \narticle of merchandise. 1. See MERCHANDISE (1). L See \nMERCHANDISE (2). articles of amendment \nArticle I court. (1955) 1. See legislative court under \nCOURT. 2. A type of federal legislative court that is not \nbound by the requirements of or protected under U.S. \nConst. art. III,  2, and that performs functions similar \nto those of an administrative agency, such as issuing \nadvisory opinions. U.S. Const. art. I,  8. Cf. ARTICLE \nIII COURT. [Cases: Federal Courts \n\"Congress also has the power, within certain limits, to \ncreate what are called ... Article I tribunals .... These \nArticle I tribunals are really akin to administrative agencies; \nthat is, the 'judges' do not have any constitutionally guar\nanteed lifetime tenure and protection from salary diminu\ntion; they are not governed by the case or controversy \nlimitation of Article Ill. .. At the present time, Article \nI courts include territorial courts, certain courts in the \nDistrict of Columbia, courts martial, and legislative courts \nand administrative agencies that adjudicate 'public rights.'\" \nJohn E. Nowak & Ronald D. Rotunda, Constitutional Law \n22-23 (4th ed. 1991). \nArticle I judge. (1958) A U.S. bankruptcy judge, magis\ntrate judge, or administrative-law judge appointed for \na term of years as authorized by Congress under Article \nI of the U.S. Constitution. 28 USCA  151 et seq., 631 \net seq. [Cases: Bankruptcy ~2123; U.S. Magistrates \nILl 2. A federal judge temporarily appointed by \nthe President without prior Senate approval.  The \nappointment power derives from the recess-appoint\nment clause, which allows the President to appoint tem\nporary government officers while Congress is not in \nsession. U.S. Const. art. II,  2, cl. 3. See recess appoint\nment under APPOINTMENT (I). \nArticle III court. (1949) A federal court that, deriving its \njurisdiction from U.S. Const. art. III,  2, hears cases \narising under the Constitution and the laws and treaties \nof the United States, cases in which the United States \nis a party, and cases between the states and between \ncitizens of different states. -Also termed consti\ntutional court. Cf. ARTICLE I COURT. [Cases: Federal \nCourts \nArticle III judge. (1937) A U.S. Supreme Court, Court \nof Appeals, or District Court judge appointed for life \nunder Article III of the U.S. Constitution. [Cases: \nJudges~l.J \nArticle 15. See nonjudicial punishment under PUNISH\nMENT. \narticled clerk. English law. A clerk who works for a \nsolicitor in exchange for learning the profession; a clerk \nbound by articles of apprenticeship. \narticle of manufacture. See MANUFACTURE. \narticles of agreement. A writing that records matters \nthat the parties agreed on when forming a partnership \nor business or transferring real property. -Unlike \na contract, articles of agreement usu. contain only \nagreements and not express promises ofperformance, \ne.g., \"the parties agree that it isn't possible to guar\nantee delivery within 10 days.\" Articles of agreement \noften supplement a contract. They may be informal or \ndetailed. [Cases: Partnership ~22.1 \narticles of amendment. (1891) A document filed to \neffectuate an amendment or change to a corporation's \n\n128 articles of apprenticeship \narticles of incorporation. [Cases: Corporations \n40.] \narticles ofapprenticeship. Hist. A contract under which \na minor agrees to work for a master for a specified time \nin exchange for learning a trade. \narticles ofassociation. (17c) 1. ARTICLES OF INCORPORA\nTION. 2. A governing document similar to articles of \nincorporation that legally creates a non stock or non\nprofit organization. -Often shortened (informally) to \narticles. Also termed articles oforganization. See gov\nerning document under DOCT:MENT (1). [Cases: Associa\ntions C:=>5; Corporations (;::::0 18.] \nArticles ofConfederation. The instrument that governed \nthe association ofthe 13 original states from March 1, \n1781 until the adoption of the U.S. Constitution (Sep\ntember 17, 1787). They were prepared by the Conti\nnental Congress, submitted to the states in 1777, and \nlater ratified by representatives ofthe states empowered \nby their respective legislatures for that purpose. \narticles of dissolution. (1802) A document that a dis\nsolving corporation must file with the appropriate gov\nernmental agency, usu. the secretary ofstate, after the \ncorporation has settled all its debts and distributed all \nits assets. [Cases: Corporations <610(1).] \narticles of impeachment. (17c) A formal document \nalleging the specific charges against a public official \nand the reasons for removing that official from office . \nIt is similar to an indictment in a criminal proceeding. \nSee IMPEACHMENT (1). [Cases: United States (;::::035.] \narticles ofincorporation. (18c) A governing document \nthat sets forth the basic terms ofa corporation's exis\ntence, including the number and classes ofshares and \nthe purposes and duration of the corporation . In \nmost states, the articles of incorporation are filed with \nthe secretary of state as part of the process of forming \nthe corporation. In some states, the articles serve as a \ncertificate ofincorporation and are the official recogni\ntion of the corporation's existence. In other states, the \ngovernment issues a certificate of incorporation after \napproving the articles and other required documents. \nOften shortened (informally) to articles. Also termed \narticles ofassociation; articles oforganization; certificate \nofincorporation. Cf. BYLAW (1); CHARTER. See govern\ning document under DOCUMENT (1). [Cases: Corpora\ntions 18.] \narticles of organization. 1. See ARTICLES OF INCORPO\nRATION. 2. See ARTICLES OF ASSOCIATION (2). \narticles of partnership. See PARTNERSHIP AGREEMENT. \nArticles ofthe Clergy. Hist. A statute enacted in 1315 to \nsettle the jurisdictions ofthe ecclesiastical and temporal \ncourts. Also termed Articuli CIeri. \narticles ofthe eyre (air). Hist. A series of questions put to \nthe members ofa community by the justices in eyre to \ndiscover what breaches ofthe law had occurred during \nthe court's absence . The inquiry enabled the justices \nto fine criminal behavior and to raise revenue for the Crown through the levying ofpenalties. See EYRE. Cf. \nCHAPITER. -Also termed capitula itineris. \narticles of the peace. English law. A sworn complaint \nin which a person alleges that a named person poses \na threat to the complainant's person, family, or \nproperty. \nArticles of Union. Hist. The 25 articles agreed to by the \nEnglish and Scottish parliaments in 1707 for the union \nof the two kingdoms. \narticles ofwar. 1. The rules and regulations that govern \nthe activities of an army and navy. 2. (cap.) The body \noflaws and procedures that governed the U.S. military \nuntil replaced in 1951 by the Uniform Code ofMilitary \nJustice. \narticulated pleading. See PLEADING (1). \narticuli (ahr-tik-Yci-h), n. [Latin] Articles; items .  'Ihis \nterm was applied to several English statutes and trea\ntises. \nArticuli Cieri (ahr-tik-p-h kleer-I). [Law Latin] See \nARTICLES OF THE CLERGY. \narticuli magnae chartae (ahr-tik-Yci-h mag-nee kahr\ntee), n. [Latin] Hist. The 49 preliminary articles on \nwhich Magna Carta was founded. \nArticuli super Cartas (ahr-tik-p-ll s[y]OO-pcif kahr-tcis). \n[Law Latin \"articles upon the charters\"] Hist. A statute \npassed in 1300 to confirm and enlarge many particulars \nofMagna Carta and the Forest Charter. \narticulo mortis. See IN ARTICULO MORTIS. \nartifice (ahr-tci-fis). A clever plan or idea, esp. one \nintended to deceive. \nartificer. 1. A skilled worker, such as a mechanic or \ncraftsman; an artisan. 2. One who builds or contrives; \nan inventor. \nartificial, adj. 1. Existing only by virtue ofor in can sid \neration ofthe law <artificial presumption > . This term \nis often used in reference to a company or a corpora\ntion. See artificial person under PERSON (3). 2. Made Of \nproduced by a human or human intervention rather \nthan by nature <artificial condition>. 3. Ofor relating \nto artifice <an artificial demeanor>. \nartificial condition. See CONDITION (5). \nartificial day. See DAY. \nartificial force. Patents. A natural force that is so trans\nformed in character or energies by human power as to \nbecome something new. \nartificial insemination. Family law. A process for \nachieving conception, whereby semen is inserted into \na woman's vagina by some means other than inter\ncourse. If the woman is married when the artificial \ninsemination and the birth occur, and her husband has \nconsented to the insemination, and the insemination is \nperformed by a licensed phYSician, the husband is con\nsidered the father of the child. Ifthe woman is unmar\nried at the time of the insemination, several factors, \nvarying from jurisdiction to jurisdiction, determine \nwhether the donor is considered the father of"}
{"text": "insemination, several factors, \nvarying from jurisdiction to jurisdiction, determine \nwhether the donor is considered the father ofthe child. \n\n129 \nCf. IN VITRO FERTILIZATION; GAMETE INTRAFALLO\nPIAN TRANSFER; ZYGOTE INTRAFALLOPIAN TRANSFER. \n[Cases: Child CustodyC=>274.5; Children Out-of-Wed\nlock C=> 15; Parent and Child (:=:;20.] \nartificial insemination by donor. Artificial insemi\nnation in which the semen donor is someone other \nthan the recipient's husband. -Abbr. AID. -Also \ntermed heterologous artificial insemination; exoga\nmous insemination. [Cases: Child CustodyC='274.5; \nParent and Child C=>20.] \nartificial insemination by husband. Artificial insemi\nnation in which the semen donor is the recipient's \nhusband. ~Abbr. AIH. -Also termed homologous \ninsemination; endogenous insemination. [Cases: Child \nCustody C=>274.5; Parent and Child C:=>20.] \nendogenous insemination. See artificial insemination \nby husband. \nexogamous insemination. See artificial insemination \nby donor. \nheterologous artificial insemination. See artificial \ninsemination by donor. \nhomologous artificial insemination. See artificial \ninsemination by husband. \nartificial person. See PERSON (3). \nartificial presumption. See presumption oflaw under \nPRESUMPTION. \nartificial succession. See SUCCESSION (4). \nartificial watercourse. See WATERCOURSE. \nartisan. 1. An artist; esp., a skilled crafter. 2. Patents. A \nperson ofordinary skill in an art, for purposes ofdeter\nmining whether a patent application meets the enable\nment requirement of 35 USCA  112. In patent-law \nterms, the disclosure in the application must teach the \nartisan how to practice the invention. -Also termed \nskilled artisan. \nartisan's lien. See mechanic's lien under LIEN. \nartistic license. See LICENSE. \nartistic work. See WORK (2). \nart unit. Patents. A group ofpatent examiners in the U.S. \nPatent and Trademark Office specializing in a particu\nlar field oftechnology . Each art unit is led by a senior \npatent examiner. \na rubro ad nigrum (ay roo-broh ad DI-grdm). [Latin] \nFrom the red to the black i.e., from the title of a \nstatute (formerly often printed in red letters) to its body \n(often printed in black letters). \nas (as), n. [Latin]l. Roman law. A pound weight or a coin \nweighing a pound, divisible into 12 parts, called unciae. \n As and the multiples ofits unciae were used to denote \ninterest rates. See UNCIA. 2. Roman & civil law. A whole \ninheritance; the whole ofan asset. PI. asses. \nas-applied challenge. See CHALLENGE (1). \nASBCA. abbr. See ARMED SERVICES BOARD OF CONTRACT \nAPPEALS. asis \nASCAP. abbr. AMERICAN SOCIETY OF COMPOSERS, \nAUTHORS AND PUBLISHERS. \nascendant (d-sen-ddnt), n. (l7c) One who precedes in \nlineage, such as a parent or grandparent. -Also termed \nancestor. Cf. DESCENDANT. ascendant, adj. \ncollateral ascendant. (1832) Loosely, an aunt, uncle, or \nother relative who is not strictly an ancestor. -Also \ntermed collateral ancestor. \nlineal ascendant. A blood relative in the direct line of \nascent; ancestor . Parents, grandparents, and great\ngrandparents are lineal ascendants. \nascent. (l7c) The passing ofan estate upwards to an heir \nin the ascending line. Cf. DESCENT. \nascripticius. See ADSCRIPTITIUS. \nascriptitius (as-krip-tish-ee-ds), n. See ADSCRIPTITIUS. \nascriptus. See ADSCRIPTUS. \nASE. abbr. AMERICAN STOCK EXCHANGE. \nas eft'eirs. See EFFEIRS, AS. \nas-extracted collateral. See COLLATERAL. \nasexualization. See STERILIZATION. \nasexually reproducing plant. Patents. A plant that repro\nduces other than by seeds. Examples ofasexual repro\nduction include cutting, grafting, and budding. Only \nnew, distinctive, and nonobvious species of asexually \nreproducing plants may be protected under the Plant \nPatent Act. 35 USCA  161. [Cases: Patents (:=) 14.] \nASFA. abbr. ADOPTION AND SAFE FAMILIES ACT. \nAshwander rules. (1953) A set ofprinciples outlining the \nU.S. Supreme Court's policy ofdeciding constitutional \nquestions only when necessary, and ofaVOiding a con\nstitutional question if the case can be decided on the \nbasis of another issue . These rules were outlined in \nJustice Brandeis's concurring opinion in Ashwander v. \nTennessee Valley Authority, 297 U.S. 288, 56 S.Ct. 466 \n(1936). They include the policy that the court should \nnot decide a constitutional question in a friendly suit, \nshould not anticipate a question of constitutional law, \nshould not create a rule of constitutional law that is \nbroader than that called for by the facts of the case, \nshould not decide a constitutional issue if the case \ncan be decided on another ground, should not rule on \nthe constitutionality ofa statute unless the plaintiff is \nharmed by the statute or if the plaintiff has accepted \nthe benefits of the statute, and should not rule on the \nconstitutionality of an act of Congress without first \nanalyzing whether the act can be fairly construed in \na way that would avoid the constitutional question. \nAlso termed Brandeis rules. [Cases: Constitutional Law \nC:=>975, 976, 994.] \nas is, adv. & adj. In the existing condition without modi\nfication <the customer bought the car as is>. L'nder \nUCC  2-316(3)(a), a seller can disclaim all implied war\nranties by stating that the goods are being sold \"as is\" \nor \"with all faults.\" Generally, a sale ofproperty \"as is\" \nmeans that the property is sold in its existing condi\ntion, and use ofthe phrase as is relieves the seller from \n\nliability for defects in that condition. Also termed \nwith allfaults. [Cases: Contracts C=205.30; Sales \n267.] \nas-is warranty. See WARRANTY (2). \nasked price. See PRICE. \nasking price. See PRICE. \nas of right. By virtue of a legal entitlement <the case is \nnot one triable to a jury as of right>. \nASP. abbr. APPLICATION SERVICE PROVIDER. \nas per. (I8c) In accordance with; PER (3). This phrase \nhas traditionally been considered a barbarism, per \nbeing the preferred form in commercialese <per your \nrequest>. But even per can be improved on <as you \nrequested>. \naspirin wars. Slang. A series offalse-advertising lawsuits \nbetween makers of over-the-counter pain relievers in \nthe 19805, all centering on the boundaries ofcompara\ntive advertiSing. \nasportation (as-p;lr-tay-sh;ln), n. (lSc) The act of carrying \naway or removing (property or a person) . Asporta\ntion is a necessary element oflarceny. Also termed \ncarrying away. See LARCENY. [Cases: Kidnapping \n17; Larceny C= 17; Robbery C::; 10.] asport, vb. \nasportative, adj. \n''There is no larceny unless the personal goods of another \nwhich have been taken by trespass are 'carried away,' but \nthis technical requirement may be satisfied by a very slight \nmovement. There must be 'asportation,' to use the word \ncommonly found in the early cases, but the slightest start \nof the carryingaway movement constitutes asportation.\" \nRollin M. Perkins & Ronald N. Boyce, Criminal Law 323 (3d \ned.1982). \n'To constitute larceny, there must be a taking or caption and \ncarrying away or asportation of the property of another. \nThere is a caption when the defendant takes possession. \nHe takes possession when he exercises dominion and \ncontrol over the property. There is an asportation when he \ncarries away the property; any carrying away movement, \nhowever slight, is sufficient. An asportation presupposes a \nprior caption; therefore, there can be no asportation unless \nthere has first been a caption.\" 3 Charles E. Torcia, Whar\nton's Criminal Law 357, at 412-13 (15th ed. 1995). \nasportavit (as-por-tay-vit). [Law Latin] He carried \naway. \nASR. abbr. ACCOUNTING SERIES RELEASE. \nassailant. (16c) 1. One who physically attacks another; \none who commits an assault. [Cases: Assault and \nBattery C=-48.] 2. One who attacks another using \nnonphysical means; esp., one who attacks another's \nposition or feelings, as by criticism, argument, or \nabusive language. \nassart. Rist. 1. The act ofpulling up trees and bushes in \na forest to make the land arable . 'This was a crime if \ndone without a license. 2. A piece ofland made arable \nby dearing a forest. \nassassination, n. (17c) The act of deliberately killing \nsomeone, esp. a public figure, usu. for hire or for politi\ncal reasons. -assassinate, vb. assassin, n, assault, n. (14c) 1. Criminal & tort law. The threat or use \nofforce on another that causes that person to have a rea\nsonable apprehension of imminent harmful or offensive \ncontact; the act of putting another person in reason\nable fear or apprehension of an immediate battery by \nmeans of an act amounting to an attempt or threat to \ncommit a battery. [Cases: Assault and Battery \n48.] 2. Criminal law. An attempt to commit battery, \nrequiring the specific intent to cause physical injury. \nAlso termed (in senses 1 and 2) simple assault; common \nassault. 3. Loosely, a battery. 4. Popularly, any attack. \nCf. BATTERY. assault, vb. assaultive, adj. \n\"Ordinary usage creates a certain difficulty in pinning down \nthe meaning of 'assault.' Etymologically, the word is com\npounded of the Latin ad + saltare, to jump at. In popular \nlanguage, it has always connoted a physical attack. When \nwe say that D assaults V, we have a mental picture of D \nattacking V, by striking or pushing or stabbing him. In the \nmiddle ages, however, the terms 'assault' and 'battery' \nwere given technical meanings which they have retained \never since. It became settled that though an assault could \nbe committed by physical contact, it did not require this, \nsince a show of force raising an apprehension in the mind \nof the victim was sufficient. Also, a 'battery' did not require \nan actual beating; the use of any degree of force against \nthe body would suffice. The acts of spitting on a person \nand kissing Without consent are both batteries.\" Glanville \nWilliams, Textbook ofCriminal Law 135-36 (1978). \n\"In addition to the classic definitions of assault, some juris \ndictions have used assault as a generic term to describe \neither assault or battery. Thus, a defendant who intention\nally injures somebody may be convicted of assault rather \nthan battery.\" Arnold H. Loewy, Criminal Law in a Nutshell \n57 (2d ed. 1987). \naggravated assault. (l8c) Criminal assault accompa\nnied by circumstances that make it more severe, such \nas the intent to commit another crime or the intent \nto cause serious bodily injury, esp. by using a deadly \nweapon. See Model Penal Code  211.1(2). [Cases: \nAssault and Battery \n\"The common law did not include any offense known as \n'aggravated assault: However, it did make provision for \ncertain situations in this field, under other names. If, for \nexample, the intended application of force to the person \nwould have resulted In murder, mayhem, rape or robbery, \nif successful, and the scheme proceeded far enough to \nconstitute an attempt the prosecution was for an attempt \nto commit the intended felony.\" Rollin M. Perkins &Ronald \nN. Boyce, Criminal Law 180 (3d ed. 1982). \nassault by contact. The offense of knowingly or inten\ntionally touching another person when the actor \nknows or believes that the touch will offend or \nprovoke the other person. \nassault purpense (;l-sawlt poor-pawn-say). [French] \nHist. Premeditated assault. -Also termed assultus \npremeditatus (J-Sal-t;ls pree-med-J-tay-tis). \n\"Even before the conquest, ... deliberately planned assas\nsinations came to be distinguished and put into the list of \nCrown pleas as forsteal. The original sense of this word \nwas lying in wait to am bush the victi m. After the conquest \nthis is expressed in various terms in French and Latin, but \nfrequently takes the form of assault purpense, or assultus \npremeditatus. In time this yields before malitia excogi\ntata, and so introduces us to the very troublesome word \n'malice'.\" Theodore F.T. Plucknett, A Concise History of the \nCommon Law444 (5th ed. 1956). \n\n131 \nassault to rape. See assault with intent to commit \nrape. \nassault with a dangerous weapon. See assault with a \ndeadly weapon. \nassault with a deadly weapon. (1803) An aggra\nvated assault in which the defendant, using a deadly \nweapon, threatens the victim with death or serious \nbodily injury. Also termed assault with a dangerous \nweapon. [Cases: Assault and Battery C:=> 56.] \nassault with intent. (17c) Any of several assaults that \nare carried out with"}
{"text": "y C:=> 56.] \nassault with intent. (17c) Any of several assaults that \nare carried out with an additional criminal purpose \nin mind, such as assault with intent to murder, assault \nwith intent to rob, assault with intent to rape, and \nassault with intent to inflict great bodily injury. \nThese are modern statutory inventions that are often \nfound in state criminal codes. [Cases: Homicide \n725; Rape 16; Robbery C:=> 13.] \nassault with intent to commit rape. An assault carried \nout with the additional criminal purpose of raping \nthe victim. -Also termed assault to rape. [Cases: \nRape C:=> 16.] \natrocious assault. An assault that causes severe \nwounding or maiming. [Cases: Assault and Battery \nattempted assault. (1870) An attempt to commit an \nassault; an attempted battery that has not progressed \nfar enough to be an assault, as when a person intends \nto harm someone physically but is captured while or \nafter trying to locate the intended victim in his or her \nplace ofemployment. -Traditionally, most commen\ntators held that an attempted assault could not exist \nbecause assault was in itself an attempt to commit a \ncrime. Many modern authorities, however, assert that \nan attempted assault can occur, and that it should be \npunishable. Also termed attempt to assault. See \nATTEMPT TO ATTEMPT. [Cases: Assault and Battery \n<>:::>61.) \n\"[I]t is apparent that reference may be made to an 'attempt \nto assault' without logical absurdity. There is nothing \nabsurd in referring to an attempt to frighten, which would \nconstitute, if successful, a criminal assault in most juris\ndictions.... It is not surprising, therefore, that there is a \ntendency to break away from the ancient view that there is \nno such offense known to the law as an attempt to commit \nan assault.\" Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw 168 (3d ed. 1982). \n\"By far the most interesting cases in this area are the \nattempted assault cases. Where assault is defined as \nintentionally putting another in fear of a battery, there is \nofcourse no basis for denying the possibility ofan attempt. \nWhere, however, assault is defined as an attempted battery, \nattempted assault looks very much like the forbidden \n'attempt to attempt' a battery. For this reason some courts \nhave held that there is no such crime as attempted assault. \nOther courts, however, have held that an attempted assault \ncan exist, defining it as an attempted battery which has not \nprogressed far enough to be an assault.\" Arnold H. Loewy, \nCriminal Law in a Nutshell 223-24 (2d ed. 1987). \ncivil assault. (1892) An assault considered as a tort \nand not as a crime. _ Although the same assaultive \nconduct can be both a tort and a crime, this term assault and battery \nisolates the legal elements that give rise to civilliabil\nity. [Cases: Assault and Battery C:=>2.] \nconditional assault. (1971) An assault expressing a \nthreat on condition, such as \"your money or your \nlife.\" \ncriminal assault. (1835) An assault considered as \na crime and not as a tort. _ This term isolates the \nlegal elements that give rise to criminal liability even \nthough the act might also have been tortious. [Cases: \nAssault and Battery C:=>48.] \nexcusable assault. An assault committed by accident \nor while doing a lawful act by lawful means, with \nordinary caution and without any unlawful intent. \nfelonious assault. An assault that is ofsufficient severity \nto be classified and punished as a felony. See aggra\nvated assault; assault with a deadly weapon. [Cases: \nAssault and Battery C:=>60.] \nindecent assault. See sexual assault (2). \nindecent assault by contact. See sexual assault (2) \nindecent assault by exposure. See INDECENT \nEXPOSURE. \nintoxication assault. An assault that occurs when an \ninebriated person causes bodily injury to another \nperson. [Cases: Automobiles C:=> 347.J \nmalicious assault with a deadly weapon. An aggra\nvated assault in which the victim is threatened with \ndeath or serious bodily harm from the defendant's use \nof a deadly weapon. -Malice is inferred from both \nthe nature of the assault and the weapon used. [Cases: \nAssault and Battery C:=>56.] \nsexual assault. (1880) 1. Sexual intercourse with \nanother person who does not consent. -Several state \nstatutes have abolished the crime ofrape and replaced \nitwith the offense ofsexual assault. [Cases: Rape \n1.] 2. Offensive sexual contact with another person, \nexclusive ofrape. -The Model Penal Code lists eight \ncircumstances under which sexual contact results in \nan assault, as when the offender knows that the victim \nis mentally incapable ofappreciating the nature of the \nconduct, either because ofa mental disease or defect \nor because the offender has drugged the victim to \nprevent resistance. Model Penal Code  213.4. -Also \ntermed (in sense 2) indecent assault; sexual assault by \ncontact; indecent assault by contact. Cf. RAPE. [Cases: \nAssault and BatteryC~59.] \nsexual assault by contact. See sexual assault (2). \nsimple assault. I. See ASSAULT (1). 2. See ASSAULT (2). \n\"(1) Simple Assault. A person is guilty of assault if he: \n(a) attempts to cause or purposely, knowingly or reck\nlessly causes bodily injury to another; or (b) negligently \ncauses bodily injury to another with a deadly weapon; or \n(c) attempts by physical menace to put another in fear of \nimminent serious bodily injury.\" Model Penal Code  211.1 \n(1997). \nassault and battery. (16c) Loosely, a criminal battery. \nSee BATTERY. \n\"Although the term assault and battery is frequently used \nwhen a battery has been committed, one who commits a \n\nbattery cannot also be punished for committing an assault, \nsince the lesser offense of assault blends into the actual \nbattery.\" Paul Marcus, \"Assault and Battery,\" in I Encyclo \npedia ofCrime and Justice 88, 88 (Sanford H. Kadish ed.. \n1983). \nassault by contact. See ASSAULT. \nassaultee. A person who is assaulted. \nassaulter. A person who assaults another. \nassault with a dangerous weapon. See assault with a \ndeadly weapon under ASSAULT. \nassault with a deadly weapon. See ASSAULT. \nassay, n. 1. A proofor tria\\, by chemical experiments, of \nthe purity of metals, esp. gold and silver. 2. An exami\nnation ofweights and measures. \nassayator regis. See ASSAYER OF THE KING. \nas sayer. One who makes assays of precious metals. \nassayer of the king. Hist. An officer of the royal mint, \nappointed by St. 2 Hen. 6, ch. 12, who receives and tests \nbullion taken in for coining. -Also termed assayator \nregis. \nassecurare (a-sek-ya-rair-ee), vb. [Law Latin] Hist. To \nmake secure, as by pledges. \nassecuration (a-sek-ya-ray-shan). Marine insurance. \nInsurance. \nassecurator (a-sek-ya-ray-tar), Marine insurance. An \ninsurer. \nassembly. (14c) 1. A group ofpersons organized and \nunited for some common purpose. \ndelegate assembly. See CONVENTION (4). \ndeliberative assembly. Parliamentary law. A body that \ntransacts business according to parliamentary law. \nA deliberative assembly typically has several distin\ngUishing characteristics: (1) it is a group ofpeople who \nmeet to propose, discuss, and possibly vote on courses \nof action to be undertaken in the group's name; (2) \nparticipants are free to use their own judgment; (3) \nenough people participate so that a certain degree \nofformality in the proceedings is desirable; (4) each \nparticipant has one vote and may dissent without fear \nof expulsion; and (5) when some members are absent, \nthe members actually present have the authority to \nact for the entire group (subject to quorum and other \nrequirements). See Henry M. Robert, Robert's Rules of \nOrder Newly Revised  1, at 2 (lOth ed. 2000). \nordinary assembly. Parliamentary law. A deliberative \nassembly other than a legislative body. \nriotous assembly. Hist. An unlawful assemblage of 12 \nor more persons causing a disturbance of the peace. \nSee RIOT. [Cases: Riot C=c 1.] \nunlawful assembly. (16c) A meeting of three or more \npersons who intend either to commit a violent crime \nor to carry out some act, lawful or unlawful, that will \nconstitute a breach of the peace. Cf. RIOT. [Cases: \nUnlawful Assembly \n\"In order that the assembly may be 'unlawful,' it is not \nnecessary that the object of the meeting should itself be illegal. The test is, not the illegality of the purpose for \nwhich the persons are met, but the danger to the peace \nwhich their meeting involves. The mere fact, therefore, that \nthe purpose is unlawful is not enough; it must be shown \nthat it involves reasonable apprehension of a breach of the \npeace. Thus, if a number of persons meet to plan a fraud, \nthey may be guilty of a conspiracy, but their meeting is \nnot an unlawful assembly.\" 4 Stephen's Commentaries on \nthe Laws of England 135-36 (L. Crispin Warmington ed., \n21sted.1950). \n\"An unlawful assembly differs from a riot in that if the \nparties assemble in a tumultuous manner, and actually \nexecute their purpose with violence, it is a riot; but if they \nmerely meet on a purpose, which, if executed, would make \nthem rioters, and, having done nothing, they separate \nwithout carrying their purpose into effect, It is an unlawful \nassembly.\" 77 c.JS. Riot; Insurrection  2, at 565 (1994). \n2. In many states, the lower house of a legislature. 3. \nParliamentary law. CONVENTION (4). 4. Patents. In a \npatent claim, a collection ofparts used to form a struc\nture. \nassembly, right of. See RIGHT OF ASSEMBLY. \nassensio mentium (a-sen-see-oh men-shee-am). [Latin \n\"assent of minds\"] See MEETING OF THE MINDS. \nassent, n. (14c) Agreement, approval, or permission; esp., \nverbal or nonverbal conduct reasonably interpreted as \nwillingness. See CONSENT. assent, vb. \n\"The requirement of 'assent,' which is fundamental to the \nformation of a binding contract, implies in a general way \nthat both parties to an exchange shall have a reasonably \nclear conception of what they are getting and what they \nare giving up.\" Marvin A. Chirelstein, Concepts and Case \nAnalysis in the Law ofContracts 66 (l 990). \nactual assent. Assent given by words or conduct \nintended to express willingness. \napparent assent. Assent given by language or conduct \nthat, while not necessarily intended to express will\ningness, would be understood by a reasonable person \nto be so intended and is actually so understood. \nconstructive assent. (1811) Assent imputed to someone \nbased on conduct. \nexpress assent. (16c) Assent dearly and unmistakably \ncommunicated. \nimplied assent. (18c) Assent inferred from one's \nconduct rather than from direct expression. \nmutual assent. (17c) Agreement by both parties to a \ncontract, llSU. in the form of offer and acceptance. \nIn modern contract law, mutual assent is determined \nby an objective standard -that is, by the apparent \nintention ofthe parties as manifested by their actions. \nCf. MEETING OF THE MINDS. lCases: Contracts C=c \nIS.] \nassented stock. See STOCK. \nassenting-silence doctrine. (1976) The principle that \nan accusation will be taken as true, despite silence by \nthe accused, if the accusation was made under cir\ncumstances in which silence can be fairly said to be an \nagreement. _ This doctrine is usu. held to be invalid \nas a measure of a criminal defendant's guilt. [Cases: \nCriminal Law C=c407.] \n\n133 \nassert, vb. 1. To state positively. 2. To invoke or enforce a \nlegal right. -assertory, assertive, adj. -assertor, n. \nassertion, n. (I5c) 1. A declaration or allegation. 2. A \nperson's speaking, writing, acting, or failing to act with \nthe intent of expressing a fact or opinion; the act or \nan instance of engaging in communicative behavior. \nSee assertive conduct under CONDUCT. -assert, vb. \nassertor, n. \nassertive conduct. See CONDUCT. \nassertive question. Civil law. A question asked of \na witness at a criminal trial, by which inadmis\nsible evidence is sought, to provide the jury with \ndetails regarding another crime. Cf. INTERROGATIVE \nQUESTION. \nassertory covenant. See COVENANT (1). \nassertory oath. See OATH. \nassessable insurance. 1. See INSURANCE. 2. See assess\nable policy (1) under INSURANCE POLlCY. \nassessable policy. 1. See INSURANCE POLlCY. 2. See \nassessable insurance (1) under INSURANCE. \nassessable security. See SECURITY. \nassessable stock. See STOCK. \nassessed valuation. See VALUATIOK. \nassessed value. See VALUE (2). \nassessee (as-;l-see), n. A person against whom a payment \nis assessed. \nassessment, n. (16c) 1. Determination of the rate or \namount of something, such as a tax or damages \n<assessment of the losses covered by insurance>. \n[Cases: Damages C='95-126; Internal Revenue <>::> \n4520; Taxation (>:>2428, 2512-2527.] 2. Imposition \nof something, such as a tax or fine, according to an \nestablished rate; the tax or fine so imposed <assess\nment of a luxury tax>. [Cases: Internal Revenue \n.4520; Taxation ("}
{"text": "imposed <assess\nment of a luxury tax>. [Cases: Internal Revenue \n.4520; Taxation (>::>2428, 2512-2527.] \n\"There is a distinction between public improvements, \nwhich benefit the entire community, and local improve\nments, which benefit particular real estate or limited areas \nof land. The latter improvements are usually financed by \nmeans of special, or local, assessments. These assessments \nare, in a certain sense, taxes. But an assessment differs \nfrom a general tax in that an assessment is levied only on \nproperty in the immediate vicinity of some local municipal \nimprovement and is valid only where the property assessed \nreceives some special benefit differing from the benefit \nthat the general public enjoys.\" Robert Kratovil, Real Estate \nLaw465 (6th ed. 1974). \nassessment for benefits. See special assessment. \ndeficiency assessment. An assessment by the IRS \nafter administrative review and tax-court adjudi\ncation of additional tax owed by a taxpayer who \nunderpaid. See DEFICIENCY (2). [Cases: Internal \nRevenue <8=)4520.] \ndouble assessment. The act of requiring that tax be \npaid twice for the same property. See double taxation \nunder TAXATION. [Cases: Taxation C=2150-2156, \n3435.] assessment for benefits \nerroneous assessment. An assessment that deviates \nfrom the law and creates a jurisdictional defect, and \nthat is therefore invalid. \nexcessive assessment. A tax assessment that is grossly \ndisproportionate as compared with other assess\nments. [Cases: Taxation (;::=)2127.] \nfrontage assessment. (1877) A municipal tax charged \nto a property owner for local improvements that abut \na street or highway, such as sidewalks, pavements, or \nsewage lines. [Cases: Municipal Corporations (>::> \n469.] \njeopardy assessment. An assessment by the IRS \nwithout the usual review procedures ofadditional \ntax owed by a taxpayer who underpaid, based on the \nIRS's belief that collection ofthe deficiency would be \njeopardized by delay. IRC (26 USCA)  6811 et seq. \n[Cases: Internal Revenue C-'='4548.] \nlocal assessment. A tax to pay for improvements \n(such as sewers and sidewalks) in a deSignated area, \nlevied on property owners who will benefit from the \nimprovements. Also termed local-improvement \nassessment. [Cases: Municipal Corporations \n405.] \n\"Since there is [an] important and fundamental distinc\ntion between the tax in the more limited sense and the \nlocal assessment, the question often arises whether provi\nsions in constitutions and statutes which refer by name to \ntaxes, include also local assessments. This is primarily a \nquestion of legislative intention. In the absence of anything \nto show the specific intention of the legislature, the general \nrule is that the local assessment possesses such marked \npeculiarities differentiating it from the tax in the more \nlimited sense of the term, that the use of the term 'tax' \ndoes not prima facie show an intention to include local \nassessments.\" 1 William H. Page & Paul Jones, A Treatise \non the Law of Taxation by Local and Special Assessments \n 39, at 67 (1909). \nmaintenance assessment. See MAINTENANCE FEE (2). \npolitical assessment. Hist. A charge levied on office\nholders and political candidates by a political party \nto defray the expenses for a political canvass. \nspecial assessment. The assessment of a tax on property \nthat benefits in some important way from a public \nimprovement. Also termed assessment for benefits. \n[Cases: Municipal Corporations (>::>405.] \n3. Official valuation ofproperty for purposes of taxation \n<assessment of the beach house>. -Also termed tax \nassessment. Cf. APPRAISAL. [Cases: Taxation (>::>2431.] \n4. An audit or review <internal financial assessment> \n<environmental site assessment>. -assess, vb. \nassessment bond. See BOND (3). \nassessment company. An association that offers its \nmembers life insurance, and then pays for death losses \nby levying an assessment on the surviving members \nof the association. \nassessment contract. See CONTRACT. \nassessment district. See DISTRICT. \nassessment for benefits. See special assessment under \nASSESSMENT. \n\n134 assessment fund \nassessment fnnd. The balance of the assessments of \na mutual benefit association, minus expenses, from \nwhich beneficiaries are paid. [Cases: Beneficial Asso\nciations 17.] \nassessment insurance. See INSURANCE. \nassessment list. See ASSESSMENT ROLL. \nassessment period. A taxable period. \nassessment ratio. For property tax purposes, the ratio \nof assessed value to fair market value. \nassessment roll. A record of taxable persons and \nproperty, prepared by a tax assessor. Also termed \nassessrn,ent list; (in some New England states) grand \nlist. [Cases: Taxation <.r'-::::>2576.] \nassessment work. Mining law. The annual labor (such \nas improvements) that must be performed on an \nunpatented mining claim to continue to hold the claim. \n[Cases: Mines and Minerals 0='23.] \nassessor. (14c) 1. An official who evaluates or makes \nassessments, esp. for purposes of taxation. Also \ntermed (specif.) tax assessor. [Cases: Taxation \n2431, 2434.J 2. A person who advises a judge or magis\ntrate about scientific or technical matters during a trial. \nSee MASTER (2). 3. ADSESSOR. assessorial (as-;:l-sor\nee-;:ll), adj. assessorship, n. \nasset. (16c) 1. An item that is owned and has value. 2. \n(pl.) The entries on a balance sheet showing the items \nofproperty owned, including cash, inventory, equip\nment, real estate, accounts receivable, and goodwilL \n3. (pl.) All the property of a person (esp. a bankrupt \nor deceased person) available for paying debts or for \ndistribution. \naccrued asset. An asset arising from revenues earned \nbut not yet due. \nadmitted asset. An asset that by law may be included \nin evaluating the financial condition of an insurance \ncompany. Cf. nonadmitted asset. [Cases: Insurance \nC=:>1363.J \nappointive asset. An asset distributed under a power \nof appointment. \nassets by descent. The portion of an estate that passes \nto an heir and is sufficient to charge the heir with the \ndecedent's speCialty debts. -Also termed assets per \ndescent. \nassets in hand. The portion of an estate held by an \nexecutor or administrator for the payment of debts \nchargeable to the executor or administrator. -Also \ntermed assets entre main; assets entre mains. \nassets per descent. See assets by descent. \nasset under management. A securities portfolio for \nwhich an investment adviser provides ongoing, \nregular supervisory or management services. \ncapital asset. 1. A long-term asset used in the operation \nof a business or used to produce goods or services, \nsuch as equipment, land, or an industrial plant. \nAlso termed jixed asset. 2. For income-tax purposes, assets specifically excluded by the Internal Revenue \nCode. Excluded from the definition are, among \nother things, stock in trade, inventory, and property \nheld by the taxpayer primarily for sale to customers \nin the ordinary course of trade or business. [Cases: \nInternal Revenue 0='3230.1-3261.) \ncommercial assets. The aggregate of available property, \nstock in trade, cash, and other assets belonging to a \nmerchant. \ncurrent asset. An asset that is readily convertible into \ncash, such as a marketable security, a note, or an \naccount receivable. Also termed liqUid asset; quick \nasset; near money;jinancial asset. \n\"Current assets are assets expected to be converted to \ncash. sold. or consumed during the next twelve months, or \nwithin the business's normal operating cycle if the cycle is \nlonger than a year. The operating cycle is the period from \nthe time that cash is used to acquire goods and services, \nthese goods and services are sold to customers, and the \naccounts receivable from these customers are collected in \ncash. For a small retail store, the operating cycle may be \nonly a few weeks or months. For a shipbuilding company, \nhowever, the normal operating cycle could run several \nyears.\" Jay Alix & Elmer E. Heupel, FinanCial Handbook foy \nBankruptcy Professionals  9.2, at 354 (1991). \ndead asset. A worthless asset; an asset that has no real\nizable value, such as an uncollectible account receiv\nable. \nearning asset. (usu. pI.) An asset (esp. of a bank) on \nwhich interest is received . Banks consider loans to \nbe earning assets. \nequitable asset. An asset that is subject to payment only \nin a court of equity. \nfinancial asset. See current asset. \nfixed asset. See capital asset (1). \nfrozen asset. An asset that is difficult to convert into \ncash because of court order or other legal process. \nhard asset. See real asset. \nhidden asset. An asset carried on the books at a sub\nstantially reduced or understated value that is con\nsiderably less than market value. \nilliquid asset. An asset that is not readily convertible \ninto cash, usu. because of (1) the lack of demand, (2) \nthe absence of an established market, or (3) the sub\nstantial cost or time required for liquidation (such as \nfor real property, even when it is desirable). \nindividual asset. (usu. pl.) Property belonging to \na member of a partnership as personal property, \nseparate from the partnership's property. [Cases: \nPartnership (;:::)67.] \nintangible asset. Any nonphysical asset or resource \nthan can be amortized or converted to cash, such as \npatents, goodwill, and computer programs, or a right \nto something, such as services paid for in advance. \njunk asset. See troubled asset. \nlegal asset. A decedent's asset that by law is subject to \nany of most assets held by a taxpayer except those i the claims of creditors or legacies. -Also termed \n\n135 \nprobate asset. [Cases: Executors and Administrators \nC--:>38.] \nliquid asset. See current asset. \nmass asset. An intangible asset, such as a dominant \nmarket position, that is made up ofseveral compo\nnents but that is considered a single entity for purposes \nof depreciation, because the loss of any component \nofthe asset is replaced by new components, so that \nthe whole asset has little or no fluctuation in value. \n An entity with a dominant market position might \nlose a vendor but, because of its dominant market \nposition, still be able to replace the loss with a new \nvendor. The market position is therefore considered \na mass asset. \nnet assets. See net worth under WORTH. \nnet quick assets. The excess of quick assets less current \nliabilities. See QUICK-ASSET RATIO. \nnew asset. Wills & estates. In the administration of \na decedent's estate, property that the administrator \nor executor receives after the time has expired to file \nclaims against the estate. \nnominal asset. An asset whose value is difficult to \nassess, such as a judgment or claim. \nnonadmitted asset. An asset that by law may not be \nincluded in evaluating the financial condition of an \ninsurance company because it cannot be converted \nquickly into cash without a finandalloss. Cf. admitted \nasset. [Cases: Insurance (;=-1363.] \nnonprobate asset. Property that passes to a named \nbeneficiary upon the owner's death according to the \nterms of some contract or arrangement other than \na will.  Such an asset is not a part of the probate \nestate and is not ordinarily subject to the probate \ncourt's jurisdiction (and fees), though it is part of \nthe taxable estate. Examples include life-insurance \ncontracts, joint property arrangements with right of \nsurvivorship, pay-an-death bank accounts, and inter \nvivos trusts. Also termed nonprobate property. Cf. \nWILL SUBSTITUTE. [Cases: Wills ~4.] \npersonal asset. An asset in the form of money or \nchattels. \npremarital asset. Property that a spouse owned before \nmarrying. In most jurisdictions, this is part of the \nspouse's separate property. See SEPARATE PROPERTY. \nCf. COMMUNITY PROPERTY. [Cases: Divorce \n252.3(3); Husband and Wife ~248.5.] \nprobate asset. See legal asset. \nquick asset. 1. Cash and other current assets other than \ninventory. 2. See current asset. \nreal asset. 1. An asset in the form ofland. 2. Loosely, \nany tangible asset. -Also termed hard asset. \ntangible asset. An asset that has a physical existence \nand is capable ofbeing assigned a value. \ntoxic asset. See troubled asset. \ntroubled asset. A debt-related asset, such as a mortgage \nloan, for which the debt has become or is likely to assignable \nbecome un collectable, resulting in a sudden, sharp \ndecrease in the asset's value. -Also termed toxic \nasset; junk asset. \nwasting asset. An asset exhausted through use or the \nloss ofvalue, such as an oil well or a coal deposit. \nasset acquisition. Acquisition of a corporation by pur\nchasing all its assets directly from the corporation itself, \nrather than by purchasing shares from its sharehold\ners. Also termed asset purchase. Cf. SHARE ACQUI\nsITIoN. \nasset allocation. The spreading offunds between differ\nent types of investments with the intention ofdecreas\ning risk and increasing return. \nasset-backed security. See SECURITY. \nasset-based financing. See FINANCING. \nasset-coverage test. Accounting. A bond-indenture \nrestriction that permits additional borrowing only if \nthe ratio ofassets (typically net tangible assets) to debt \n(typically long-term debt) does not fall below a speci\nfied minimum. \nasset-depreciation range. (1971) Tax. The IRS's range \nof depreciation lifetimes allowed fOf assets placed in \nservice between 1970 and 1980 and for assets depreci\nated under the Modified Accelerated Cost Recovery \nSystem under the Tax Reform Act of 1986. -Abbr. \n"}
{"text": "ated under the Modified Accelerated Cost Recovery \nSystem under the Tax Reform Act of 1986. -Abbr. \nADR. See ACCELERATED COST RECOVERY SYSTEM. \n[Cases: Internal Revenue ~3476.] \nasset dividend. See DIVIDEND. \nasset-protection trust. See TRUST (3). \nasset purchase. See ASSET ACQUISITION. \nasset sale and liquidation. Mergers & acquisitions. A \nmerger in which a corporation's board and a majority \nof the stockholders approve a sale of most or all of the \ncorporation's assets to another corporation in exchange \nfor cash or debt. \nassets by descent. See ASSET. \nassets entre main. See assets in hand under ASSET. \nassets in hand. See ASSET. \nassets per descent. See assets by descent under ASSET. \nasset under management. See ASSET. \nasset value. See NET ASSET VALUE. \nasseverate (;>-sev-;>-rayt), vb. (1744) To state solemnly \nor positively; to aver. See AVERMENT. -asseveration \n(;>-sev-;>-ray-sh;>n), n. \nassign, n. (usu. pl.) See ASSIGNEE. \nassign, vb. 1. To convey; to transfer rights or property \n<the bank assigned the note to a thrift institution>. \n[Cases: Assignments 1.] 2. To assert; to pOint out \n<the appellant aSSigned as errors two of the trial court's \nrulings>. See ASSIGNMENT OF ERROR. \nassignable, adj. (1809) Able to be assigned; transferable \nfrom one person to another, so that the transferee has \nthe same rights as the transferor had <assignable right>. \nCf. NEGOTIABLE. [Cases: Assignments ~1.] \n\n136 assignable lease \nassignable lease. See LEASE. \nassignation (as-ig-nay-shcm), n. 1. Archaic. An appoint\nment of a time and place to meet, esp. for engaging \nin illicit sex. 2. Eccles. law. A specific allegation in a \ndetendant's counterpleading. 3. French law. A plaintiff's \ncomplaint; a writ of summons. \nassignation house. See DISORDERLY HOUSE. \nassign dower. To set out the legal description of a \nwidow's share of her deceased husband's estate. See \nDOWER. \nassigned account. See ACCOUNT. \nassigned wunsel. See COUNSEL. \nassigned error. See ERROR. \nassigned risk. See RISK. \nassignee (;:I-sl-nee or as-;:I-nee). (l4c) One to whom \nproperty rights or powers are transferred by another. \n Use of the term is so widespread that it is difficult \nto ascribe positive meaning to it with any specificity. \nCourts recognize the protean nature of the term and \nare therefore often forced to look to the intent of the \nassignor and assignee in making the assignment \nrather than to the formality of the use of the term \nassignee -in defining rights and responsibilities. \nAlso termed assign. [Cases: Assignments C-~90.] \nabsolute assignee. A person who is assigned an unqual\nified interest in property in a transfer of some or all \nof the incidents of ownership. \nassignee ad interim. An assignee appointed between \nthe time of bankruptcy and the appointment of a \nregular assignee. \nassignee for value. An assignee who has paid for or \notherwise given consideration for the assignment. \ncollateral assignee. A lender who is assigned an \ninterest in property (usu. real property) as security \nfor a loan. \ngratuitous assignee. An assignee under an assignment \nnot given for value. \nsubassignee. A person to whom a right is aSSigned by \none who is a previous assignee of the right. \nassignee clause. (1925) A provision ofthe Judiciary Act \nof 1789 that prevented a litigant without diversity of \ncitizenship from assigning a claim to another who \ndid have the required diversity . In 1948 the assignee \nclause was replaced by 28 USCA  1359, which denies \nfederal jurisdiction when a party is improperly or col\nlUSively jOined, by assignment or otherwise, merely to \ninvoke jurisdiction. \nassignee estoppel. See ESTOPPEL. \nassigner. See ASSIGNOR. \nassignment. (14c) 1. The transfer of rights or property \n<assignment of stock options>. [Cases: Assignments \n(;:='31.] 2. The rights or property so transferred <the \naunt aSSigned those funds to her niece, who promptly \ninvested the assignment in mutual funds>. \"An assignment is a transfer or setting over of property, \nor of some right or interest therein, from one person to \nanother; the term denoting not only the act of transfer, but \nalso the instrument by which it is effected. In these senses \nthe word is variously applied in law.\" Alexander M. Burrill, A \nTreatise on the Law and Practice of Voluntary Assignments \nfor the Benefit of Creditors  1, at I (James Avery Webb \ned., 6th ed. 1894). \n\"Negotiability differs from assignment, with which it has \nobvious affinities, in at least two respects. In the first place \nno notice need be given of the transfer of a negotiable \ninstrument, and in the second place the transfer of such \nan instrument is not subject to equities. Thus whereas an \nassignor only transfers his rights subject to any defences \nwhich could be pleaded against him, a transfer of a nego\ntiable instrument to someone in good faith passes a good \ntitle, free from any such defences. For instance a person \nwho receives a cheque in good faith obtains a good title, \neven though the cheque may have been stolen. It is not, of \ncourse, any document which has the attributes of nego \ntiability. Only those documents recognized by the custom \nof trade to be transferable by delivery (or endorsement) \nare negotiable. Other documents can only be transferred \nby assignment.\" P.S. Atiyah. An Introduction to the Law of \nContract 278-79 (3d ed. 1981). \nabsolute assignment. An aSSignment that leaves the \nassignor no interest in the aSSigned property or right. \n[Cases: Assignments C:::>71.] \nassignment by operation oflaw. A transfer of a right or \nobligation as a necessary consequence ofa change in \nlegal status, regardless of the affected party's intent. \n For example, a right and a corresponding obliga\ntion may disappear ifthey vest in the same person, as \nmight happen in a merger or acquisition. \nassignmentfor value. An assignment given in exchange \nfor consideration. [Cases: Assignments (;:='53.] \nassignment in gross. A transfer of a company's trade\nmark separately from the goodwill of the business. \n Courts often hold that such an assignment passes \nnothing of value to the transferee. -Also termed \nnaked assignment. See ANTl-ASSIGNMENT-IN-GROSS \nRULE. [Cases: Trademarks Cd 1201.] \nassignment ofaccount. An assignment that gives the \nassignee the right to funds in an account, usu. to \nsatisfy a debt. [Cases: Assignments C:::> 10.] \nassignment ofapplication. 1. Patents. The U.S. Patent \nand Trademark Office's formal routing of a patent \nor trademark application to the examining group to \nwhich it appears to belong based on subject matter. \n[Cases: Patents C:::> 104; Trademarks ~-,1287.]2. The \ntransfer of the right to prosecute a patent or register \na trademark . The assignee must show ownership \nin the property to be patented or registered and, if \nless than absolute, the extent of ownership. See 37 \nCFR  3.73. [Cases: Patents C:::> 183; Trademarks \n1197.] \nassignment ofdower (dow-;:Ir). The act ofsetting apart a \nwidow's share of her deceased husband's real property. \n[Cases: Dower and Curtesy 0:::::'65-112.] \nassignment ofincome. See assignment ofwages. \nassignment oflease. An assignment in which a lessee \ntransfers the entire unexpired remainder ofthe lease \n\n137 \nterm, as distinguished from a sublease transfer\nring only a portion of the remaining term. [Cases: \nLandlord and Tenant (;::::::>74-79.] \nassignment of realty. A transfer of a real-property \ninterest that is less than a freehold . The term \nincludes debt-security interests in land. \nassignment ofwages. A transfer of the right to collect \nwages from the wage earner to a creditor. -Also \ntermed assignment ofincome. [Cases: Assignments \nassignment pro tanto. An assignment that results when \nan order is drawn on a third party and made payable \nfrom a particular fund that belongs to the drawer.  \nThe drawee becomes an assignee with respect to the \ndrawer's interest in that fund. [Cases: Assignments \n(;::;:J49.] \ncollateral assignment. An assignment of property as \ncollateral security for a loan. [Cases: Secured Trans\nactions C:::::> 181.] \ncommon-law assignment. An assignment for the \nbenefit of creditors made under the common law, \nrather than by statute. [Cases: Debtor and Creditor \n1.] \nconditional assignment. An assignment of income \n(such as rent payments or accounts receivable) to a \nlender, made to secure a loan . The lender receives \nthe assigned income only if the assignor defaults on \nthe underlying loan. [Cases: Mortgages 199(2); \nSecured Transactions (;::;:J 181.] \neffective assignment. An assignment that terminates \nthe assignor's interest in the property and transfers \nit to the assignee. \nequitable assignment. An assignment that, although \nnot legally valid, will be recognized and enforced in \nequity for example, an assignment of a chose in \naction or of future acquisitions of the assignor . To \naccomplish an \"equitable assignment,\" there must be \nan absolute appropriation by the assignor ofthe debt \nor fund sought to be assigned. [Cases: Assignments \nC-~48.1 \nfly-power assignment. A blank written assignment \nthat, when attached to a stock certificate, renders the \nstock transferable. [Cases: Corporations C~125.] \nforeign assignment. An assignment made in a foreign \ncountry or in another jurisdiction. \ngeneral assignment. Assignment ofa debtor's property \nfor the benefit ofall the assignor's creditors, instead of \nonly a few. -Also termed voluntary assignment. See \nASSIGNMENT FOR THE BENEFIT OF CREDITORS. [Cases: \nDebtor and Creditor 1.] \ngratuitous assignment. An assignment not given for \nvalue; esp., an assignment given or taken as security \nfor -or in total or partial satisfaction of - a preex\nisting obligation. [Cases: Assignments C:::::>54.] \nmesne assignment (meen). A middle or intermediate \nassignment; any assignment before the last one. assignment for the benefit of creditors \nnaked assignment. See assignment-in-gross. \npartial assignment. The immediate transfer ofpart but \nnot all of the assignor's right. [Cases: Assignments \nC:::::> 30.] \npreferential assignment. See PREFERENTIAL TRANS\nFER. \ntotal assignment. An assignment empowering the \nassignee to enforce the entire right for the benefit of \nthe assignor or others. Examples are assignment to \nsecure an obligation and assignment to a trustee. \nvoluntary assignment. See general assignment. \nwage assignment. An aSSignment by an employee of \na portion ofthe employee's pay to another (such as a \ncreditor). [Cases: Assignments (;::;:J 11.1.] \n3. The instrument of transfer <the assignment was \nappended to the contract>. [Cases: Assignments (;:::>31.] \n4. A welfare recipient's surrender ofhis or her rights to \nchild support (both current and past due) in favor ofthe \nstate as a condition ofreceiving governmental financial \nassistance <the assignment made economic sense to her \nbecause her child support amounted to $200 a month, \nwhile she received $400 a month in welfare>. 5. A task, \njob, or appointment <the student's math assignment> \n<assignment as ambassador to a foreign country>. 6. \nThe act of assigning a task, job, or appointment <the \nassignment ofvarious duties>. \nassignment ofthe floor. Parliamentary law. The process \nby which the chair recognizes who is entitled to \nspeak. \n7. In litigation practice, a point that a litigant advances \n<the third assignment oferror>. \nnew assignment. Hist. A plaintiff's restatement of a \nclaim because the first complaint did not contain suf\nficient details . The purpose was to allow a plain\ntiff to reply to a defendant's responsive plea that did \nnot address the plaintiff's specific claim because the \ncomplaint was too general. New aSSignment has been \nreplaced by amended pleadings. -Also termed novel \nassignment. \n\"A new assignment is a restatement in the replication of \nthe plaintiff's cause of action. Where the declaration in \nan action is ambiguous and the defendant pleads facts \nwhich are literally an answer to it, but not to the real claim \nset up by the plaintiff, the plaintiff's course is to reply by \nway of new assignment; that is, to allege that he brought \nhis action, not for the cause supposed by the defendant, \nbut for some other cause, to which the plea has no appli \ncation.\" Benjamin j. Shipman, Handbook of Common Law \nPleading  214, at 370 (Henry Winthrop Ballantine ed., 3d \ned.1923). \nassignment clause. Oil &gas. See CHANGE-OF-OWNER\nSHIP CLAUSE. \nAssignment Division. 'The section of the U.S. Patent \nand Trademark Office that is responsible for record\ning assignments and other documents affecting title \nto patent and trademark applications, patents, and reg\nistrations. \nassignment for the benefit ofcreditors. (18c) Assign\nment of a debtor's property to another person in trust \n\n138 assignment of dower \nso as to consolidate and liquidate the debtor's assets for \npayment to creditors, any surplus being returned to the \ndebtor. _This procedure serves as a state-law substitute \nfor federal bankruptcy proceedings. The debtor is not \ndischarged from unpaid debts by this procedure since \ncreditors"}
{"text": "federal bankruptcy proceedings. The debtor is not \ndischarged from unpaid debts by this procedure since \ncreditors do not agree to any discharge. [Cases: Debtor \nand Creditor C=:> 1.] \nassignment ofdower (dow-dr). See ASSIGNMENT (2). \nassignment of error. (l7c) A specification of the trial \ncourt's alleged errors on which the appellant relies in \nseeking an appellate court's reversal, vacation, or mod\nification of an adverse judgment. PI. assignments of \nerror. S~e ERROR. Cf. WRIT OF ERROR. [Cases: Appeal \nand Error 0::>718; Criminal Law C=:> 1129.] \nassignment of income. See assignment ofwages under \nASSIGNMENT (2). \nassignment-of-income doctrine. Family law. The com\nmon-law principle that the person who has earned \nincome is the person taxed on it, regardless of who \nreceives the proceeds. _ Under this doctrine, future \nincome assigned to another is taxable to the assignor. \nFor example, in Lucas v. Earl, 281 U.S. 111,50 S.Ct. \n241 (1930), the Court held that a husband who was the \nsole wage-earner could not assign to his wife half his \nincome and then pay the federal income tax on only \nthe unassigned part. \nassignment oflease. See ASSIGNMENT (2). \nassignment of property. See EQUITABLE DISTRIBU\nTION. \nassignment ofrealty. See ASSIGNMENT (2). \nassignment-of-rents dause. A mortgage provision or \nseparate agreement that entitles the lender to collect \nrents from the mortgaged premises if the borrower \ndefaults. [Cases: Mortgages C=:> 199(2).] \nassignment of rights. (I8c) Contracts. The transfer \nof rights, esp. contractual rights, from one party to \nanother. [Cases: Assignments C:::> 17.] \nassignment ofwages. See ASSIGNMENT (2). \nassignment pro tanto. See ASSIGNMENT (2). \nassignor (as-d-nor or ~-SI-n~r or ~-sI-nor). (17c) One who \ntransfers property rights or powers to another. -Also \nspelled aSSigner. [Cases: Assignments \nassignor estoppel. See ESTOPPEL. \nAssimilative Crimes Act. A federal statute proViding \nthat state law applies to a crime committed within a \nfederal enclave in that state (such as a reservation or \nmilitary installation) if the crime is not punishable \nunder federal law. 18 USCA  13. -This statute uses \nlocal laws as gap-fillers for federal criminal law. [Cases: \nCriminal Law (;=, 16.J \nassisa armorum (<l-SI-Zd ahr-mor-dm). [Law Latin \n\"assize ofarms\"] Hist. A statute requiring the keeping \nofarms for the common defense. -Also termed assize \nofarms. See Assize ofArms under ASSIZE (2). \nassisa cadere (<l-Sl-Z~ kad-d-ree), vb. [Law Latin] Hist. To \nfail in the assize, as by being nonsuited. assisa continuanda (<l-SI-Zd kdn-tin-yoo-an-dd) [Law \nLatin] Hist. A writ addressed to the justices of assize \nfor the continuation ofa case. \nassisa de foresta (~-SI-Z<l dee for-es-td), n. [Law Latin \n\"assize ofthe forest\"] Hist. A statute concerning orders \nto be observed in the royal forest. -Also termed ordi\nnatio forestae; assisa forestae. \nassisa de mensuris (a-sl-z3 dee men-s[y]oor-is), n. [Law \nLatin \"assize of measures\"] Hist. A common rule for \nweights and measures, established by Richard I in the \neighth year of his reign. \nassisa de morte antecessoris. See assize ofmort d 'ancestor \nunder ASSIZE (6). \nassisa de nocumento (d-SI-Zd dee nok-Y<l-men-toh), n. \n[Law Latin \"assize ofnuisance\"]. See assize ofnuisance \nunder ASSIZE (8). \nassisa de utrum (d-SI-Zd dee yoo-trdm), n. [Law Latin \n\"assize of utrum\"] See ASSIZE UTRUM. \nassisa forestae. See ASSISA DE FORESTAE. \nassisa friscae fortiae. See assize offresh force under \nASSIZE (7). \nassisa mortis d'ancestoris (3-SI-Zd mor-tis dan-ses-tor\nis), n. [Law Latin] See assize ofmort d'ancestor under \nASSIZE (6). \nassisa novae disseysinae (~-SI-Zd noh-vee di-see-zin-ee), \nn. [Law Latin] See ASSIZE OF KOVEL DISSEISIN. \nassisa panis et cerevisiae (<l-SI-Zd pan-is et ser-<l-vish\nee-ee), n. [Law Latin \"assize ofbread and ale\"] Hist. A \nstatute passed in the 51st year ofthe reign ofHenry III, \nregulating the sale of bread and ale. Also termed \nstatute ofbread and ale. \nassisa proroganda. See DE ASSISA PROROGANDA. \nassisa ultimae praesentationis (d-SI-Zd al-ti-mee pree\nz3n-tay-shee-oh-nis or preZ-dn-), n. [Law Latin] See \nassize ofdarrein presentment under ASSIZE (7). \nassisa venalium (a-sI-zd v~-nay-lee-dm), n. [Law Latin] \nHist. The assize ofsalable commodities. \nassise. See ASSIZE. \nassiser. See ASSIZER. \nassistance. Civil law. Compensation for an effort to save \na threatened vessel, cargo, or ship personnel at sea. Cf. \nNO CURE, NO PAY. \nassistance, writ of. See WRIT OF ASSISTANCE. \nassistance ofcounsel. (17c) Representation by a lawyer, \nesp. in a criminal case. -The phrase in its modern uses \nderives from the Sixth Amendment: \"In all criminal \nprosecutions, the accused shall enjoy the right ... to \nhave the assistance of counsel for his defense.\" U.S. \nCon st. amend. VI. See RIGHT TO COUNSEL. [Cases: \nCriminal Law C=:> 1710-1975.] \neffective assistance ofcounsel. (1937) A conscientious, \nmeaningful legal representation, whereby the defen\ndant is advised of all rights and the lawyer performs \nall required tasks reasonably according to the prevail\ning profeSSional standards in criminal cases. See Fed. \n\n139 \nR. Crim. P. 44; 18 USC A  3006A. [Cases: Criminal \nLaw 1870-1975.] \n\"The law is in flux on precisely what constitutes the \n'effective' assistance of counsel. The Supreme Court has \nyet to set forth a definitive standard, and lower courts \nhave adopted differing ones. Prior to the 19705 the most \ncommon standard was the 'mockery of justice' standard, \nunder which counsel's assistance was 'ineffective' only \nwhen it was so inadequate that it reduced the trial 'to a \nfarce' or rendered it a 'mockery ofjustice: Since that time, \nmost courts have abandoned this formulation in favor of \nmore stringent requirements, stipulating, for example, that \n'counsel must exercise [the] normal skill and knowledge \nwhich normally prevails at the time and place' (Moore v. \nUnited States, 432 F.2d 730 (3d Or. 1970)), that counsel \nmust render the 'reasonably competent assistance of an \nattorney acting as his diligent advocate' (United States v. \nDecoster, 487 F.2d 1197 (D.C. Or. 1973, or that counsel's \nrepresentation must be 'within the range of competence \ndemanded of attorneys in criminal cases' (Marzullo v. \nMaryland, 561 F.2d 540 (4th Cir. 1977. All of these new \nstandards beg the questions of what traditional level of \npractice is to be regarded as 'customary,' 'diligent,' or 'rea\nsonable.' Thus, little has been definitively resolved by the \nnew, higher standards.\" Arval A. Morris, \"Right to Counsel,\" \nin 1 Encyclopedia of Crime and Justice 278, 283 (Sanford \nH. Kadish ed., 1983). \ninadequate assistance ofcounsel. See ineffective assis\ntance ofcounsel. \nineffective assistance ofcounsel. (1957) A representa\ntion in which the defendant is deprived of a fair trial \nbecause the lawyer handles the case unreasonably, \nusu. either by performing incompetently or by not \ndevoting full effort to the defendant, esp. because \nof a conflict of interest . In determining whether a \ncriminal defendant received ineffective assistance of \ncounsel, courts generally consider several factors: (1) \nwhether the lawyer had previously handled criminal \ncases; (2) whether strategic trial tactics were involved \nin the allegedly incompetent action; (3) whether, and \nto what extent, the defendant was prejudiced as a \nresult of the lawyer's alleged ineffectiveness; and \n(4) whether the ineffectiveness was due to matters \nbeyond the lawyer's control. Also termed inad\nequate assistance ofcounsel. [Cases: Criminal Law \nC=> 1870-1975.] \n\"The Sixth Amendment right to assistance of counsel has \nbeen held to imply the 'right to the effective assistance of \ncounsel.' The Court has often said that the converse inef\nfective assistance of counsel is a constitutional denial \nof the Sixth Amendment right, even if the lawyer has been \nretained by rather than appointed for the defendant. 'Inef\nfective' does not necessarily mean incompetent or unpre\npared; it means an inability to perform as an independent \nlawyer devoted to the defendant.. . However, counsel's \nassistance is not necessarily ineffective because the lawyer \nmade mistakes. Only very serious errors, such as would \nlikely have produced an entirely different outcome at trial, \nwill suffice to require a new trial.\" Jethro K. Lieberman, The \nEvolving Constitution 263-64 (1992). \nAssistant Commissioner for Patents. See commissioner \nfor patents under COMMISSIONER. \nAssistant Commissioner for Trademarks. See commis\nsioner for trademarks under COMMISSIONER. \nassistant jurisdiction. See JURISDICTION. assize \nAssistant United States Attorney. See UNITED STATES \nATTORNEY. \nassisted conception. Family law. The fertilization of a \nwoman's egg with a man's sperm by some means other \nthan sexual intercourse. See ARTIFICIAL INSEMINA\nTION; IN VITRO FERTILIZATION; GAMETE INTRAFALLO\nPIAN TRANSFER; ZYGOTE INTRAFALLOPIAN TRANSFER. \n[Cases: Child CustodyC=>274.5; Children Out-of Wed\nlock C=>15; Parent and Child C-~20.] \nassisted reproductive technology. Family law. Any \nmedical means of aiding human reproduction, esp. \nthrough laboratory procedures. -Abbr. ART. Also \ntermed assisted reproduction; assisted-reproductive \ntherapy. [Cases: Child Custody C-::o274.5; Children \nOut-of-Wedlock C= 15; Parent and Child C=>20.] \nassisted self-determination. See assisted suicide under \nSUICIDE. \nassisted suicide. See SUICIDE. \nassize (a-sIz), n. (14c) 1. A session ofa court or council. \nmaiden assize. Hist. 1. An assize in which no prisoner \nis sentenced to death. 2. An assize in which the sheriff \npresents the judges with white gloves because there \nare no prisoners to try . This practice stemmed from \na custom in which a prisoner who was convicted of \nmurder but pardoned by the Crown presented gloves \nto the judges as a fee. \n2. A law enacted by such a body, usu. one setting the \nmeasure, weight, or price of a thing. \nAssize ofArms. An 1181 statute requiring every man \nto keep arms suitable to his station in life. See ASSISA \nARMORUM. \nAssize ofClarendon (klar-~:m-d<:m). Hist. A decree \nissued in 1166 by Henry II to the justices in eyre and \nsheriffs concerning criminal procedure . The Assize \nexpanded the reach of the king's courts by asserting \nroyal jurisdiction over serious crimes. See CO.NSTITU\nTIONS OF CLARENDON. \nAssize ofNorthampton. Hist. A decree issued in 1176 \nby Henry II as an expansion and reissue ofthe Assize \nof Clarendon, instructing judges esp. on questions of \ntenure, relief, and dower. \n3. The procedure provided for by such an enact\nment. 4. The court that hears cases involving that pro\ncedure. 5. A jury. \ngrand assize. (often cap.) A sworn panel summoned \nby judicial writ to resolve disputes concerning real \nproperty.  Henry II instituted the Grand Assize in \nthe 12th century as an alternative to trial by battle. \nAlso termed magna assisa. \npetite assize. A jury convened to decide questions of \nposseSSion. \n6. Ajury trial. \nassize ofmort d'ancestor (mor[t] dan-ses-t<lr). An \naction for the recovery ofland belonging to the claim\nant's ancestor . Mort d'ancestor was abolished in \n\nthe early 19th century. -Also termed assisa mortis \nd'ancestoris; assisa de morte antecessoris. \njudicial assize. An assize begun by judicial writ and \nderiving from pleas of gage, mort d'ancestor, and \ndarrein presentment. \npetty assize. An assize begun by an original writ . \nPetty assizes were characterized by the form of the \nwrit, which specified the questions to be put to the \npanel, and ordered that a panel be assembled. The \npetty assizes were novel disseisin, mort"}
{"text": "to be put to the \npanel, and ordered that a panel be assembled. The \npetty assizes were novel disseisin, mort d'ancestor, \nutrum, and darrein presentment. \n\"The word 'Assisa' means originally the sitting of a court \nor assembly. It then comes to denote the things done, the \nenactments passed, at such a court or assembly. Thus \nwe speak of the Assize of Clarendon, or the Assize of \nNorthampton. Certain of these enactments in Henry II's \nreign introduced a new procedure for the trial of questions \nas to the ownership or possession of lands held by free \ntenure. The Grand Assize introduced this new procedure \nfor the determination of questions of ownershi p; the pos\nsessory assizes for the determination of question of pos\nsession.\" 1 William Holdsworth, A History of English Law \n275 (7th ed. 1956). \n7. A jury's finding. 8. A writ. -Also spelled assise; \nassisa. \nassize afdarrein presentment (dar-ayn pri-zent-mant), \nn. [fr. French dernier presentation \"last presentment\"] \nHist. A writ allOWing a person with a right of advowson \nthat had been disturbed by another claimant to have \na jury determine who last had last presented a clerk \nto a benefice and then to allow that person to present \nagain and to recover damages for interference . This \nwas abolished by the Real Property Limitation Act of \n1833 and was replaced by the quare impedit action. \nAlso spelled darreign. -Also termed darreign pre\nsentment; assize oflast presentation; assisa ultimae \npraesentationis; assize de ultima presentatione. See \nADVOWSON; QUARE IMP EDIT. \n\"An assise of darrein presentment, or last presentation, \nlies when a man, or his ancestors, under whom he claims, \nhave presented a clerk to a benefice, who is instituted; and \nafterwards upon the next avoidance a stranger presents a \nclerk. and thereby disturbs him that is the real patron. In \nwhich case the patron shall have this writ, directed to the \nsheriff to summon an assise or jury, to enquire who was \nthe last patron that presented to the church now vacant, \nof which the plaintiff complains that he is deforced by the \ndefendant: and, according as the assise determines that \nquestion, a writ shall issue to the bishop; to institute the \nclerk of that patron, in whose favour the determination is \nmade, and also to give damages ....\" 3 William Blackstone, \nCommentaries on the Laws ofEng/and 245 (1768). \n\"[Alt some time or another during his reign Henry gave a \npossessory action, the assize of darrein presentment, .. \nwhich stands to the writ of right ofadvowson in somewhat \nthe same relation as that in which the novel disseisin stands \nto the writ of right for land. If the church is vacant and two \npersons are quarrelling about the advowson, it is very nec\nessary that some provisional, some possessory judgment \nshould be given .... The principle of the new assize is. \nsimply stated, this: 'He who presented last time, let him \npresent this time also; but this without prejudice to any \nquestion of right.' An inquest of neighbours is summoned \nto declare who it was that presented the last parson,\" 1 \nFrederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward 1148-49 (2d ed. \n1898). \nassize offreshforce. Hist. A writ available in urban \nareas to disseise another's land . This writ is so called \nbecause it was available only within the first 40 days \nafter title accrued to the person seeking it. -Also \ntermed assisa friscae fortiae. \nassize ofnovel disseisin. Hist. A writ for a tenant who \nhas been disseised of lands and tenements . This \ninstitution of English law flourished for about 300 \nyears -from the 12th century to the 15th. It had \nbecome wholly obsolete by the mid-17th century. \nAlso termed assisa novae disseysinae. \n\"[Up to the 15th century,] 'assize of novel disseisin' was \na series of perfectly plain words, as plain as the words \n'proceeding in recent ejectment: which translate them \ninto modern English, would be to us. Even to humble \ncontemporaries whose linguistic horizons did not extend \nbeyond English, the institution itself apart from its name \nwas perfectly straightforward. It meant that ifa freeholder \nof land was ejected from his property he could require the \nsheriff to set up ajury of twelve, have them go look at the \nland, and bring them before the king's justices when they \nnext came to hold court in the county. The justices asked \nthe jurors whether the freeholder had been illegally put \nout of his holding, as he complained, and if they said that \nhe had then the court would restore the land to him at \nonce.\" Donald W. Sutherland, The Assize ofNovel Disseisin \n1-2 (1973). \nassize ofnuisance. Hist. A writ available to a landowner \nsuffering from a nuisance on another's land; a writ \nto abate a nuisance . This writ also entitled a suc\ncessful plaintiff to damages. Also termed assisa \nde nocumento. \n\"The assize of nuisance. This was supplementary to \nthe famous assize of novel disseisin which was limited to \nredressing any act of the defendant that interfered with \nthe plaintiff's seisin of land. It was therefore useless if \nthe injury to the plaintiff began wholly on the defendant's \nland (e.g., if he erected there a dam which diverted water \nfrom the plaintiff's land), for the injury was not a disseisin \nas there was no entry on the plaintiff's land. This gap was \nfilled by the assize of nuisance as early as the thirteenth \ncentury. It extended both to injuries to servitudes stricto \nsensu and to common rights.\" P.H. Winfield, A Textbook of \nthe Law of Tort  130, at 443 (5th ed. 1950). \nassizer, n. Hist. 1. A member ofa grand assize. See grand \nassize under ASSIZE (5). 2. Scots law. A juror. 3. One \nhaving custody of the standards of weight and measure; \nesp., one who fixes the assize of bread, ale, and other \nitems ofgeneral consumption. -Also spelled assizor; \nassiser; assisor. \nAssizes de Jerusalem (a-slz-az da ja-roo-sa-lam). A code \nof feudal law intended to serve as the law of the lands \nconquered by the Crusaders . The code was prepared \nin the 12th century after the lO99 conquest of Jerusa\nlem. \nassize utrum (yoo-tram). [Latin] Hist. A writ to deter\nmine whether land claimed by a church was held by \nlay or spiritual tenure . This writ is named after its \nemphatic word, which required the fact-finder to \ndetermine whether (utrum) the land belonged to the \nchurch. -Also termed (erroneously) assize ofutrum; \nassize de utrum. \n\n141 \n\"In the assize utrum a jury was summoned to decide \nwhether land was held by lay or spiritual tenure a pre\nliminary question to any litigation about it, for the Church \nclaimed jurisdiction over spiritual land. later the Church \nwas to lose this jurisdiction, and the assize utrum became \nthe parson's substitute for the writ of right. This curious \ndevelopment was brought about in this way. A parson could \nnot use the writs of right, for. like a life tenant. he could not \ntrace his title back to the seisin of an ancestor. The assize \nutrum could be made to serve the parson, however, for \nthe question asked in the writ was whether certain land \nin a parish was 'the free alms of the Church of x.' If the \nanswer was 'yes,' then it followed that it was the parson \nof the parish's land.\" Brian Simpson. An Introduction to the \nHistory ofthe Land Law 30-31 (1961). \n\"[TJhe 'assize utrum' ... is important as being the first \ninstance known to us of the general use of the royal pro \ncedure by way of inquest in a matter of private litigation. \nIf the answer of the inquest was that this land was held \nin frankalmOign. then the case went to the ecclesiastical \ncoun; if that it was lay fee, then to the appropriate lay \ntribunal. In the course of the thirteenth century the ecclesi \nastical courts lost their jurisdiction over land held by spiri \ntual tenure, and the 'assize utrum' came to be used not as \na merely preliminary procedure but as a mode of deciding \nin royal courts a question of title to glebe land.\" Geoffrey \nRadcliffe & Geoffrey Cross, The English Legal System 33-34 \n(G.J. Hand & D.J. Bentley eds., 6th ed. 1977). \nassizor. See ASSIZER. \nassociate, n. (16c) 1. A colleague or companion. 2. A \njunior member ofan organization or profession; esp., \na lawyer in a law firm, usu. with fewer than a certain \nnumber of years in practice, who may, upon achiev\ning the requisite seniority, receive an offer to become \na partner or shareholder. -Also termed associate \nattorney. 3. Hist. English law. An officer of a common\nlaw court responsible for maintaining the court's \nrecords, attending jury trials, and entering verdicts . \nIn 1894, associates' duties were taken over by the staff \nof the Central Office. See CLERK OF ASSIZE; CENTRAL \nOFFICE. \nassociate agent. See AGENT (3). \nassociate attorney. See ATTORNEY. \nassociated person. Securities. 1. A partner, officer, \ndirector, branch manager ofa broker or dealer, or any \nperson performing similar functions or occupying a \nsimilar status, any person directly or indirectly con\ntrolling, controlled by, or under common control with \nthe broker or dealer, or any employee of the broker or \ndealer -with two exceptions: (1) those whose functions \nare solely clerical or ministerial, and (2) those required \nto register under state law as a broker or dealer solely \nbecause they are issuers ofsecurities or associated with \nan issuer of securities. 15 USCA  78(a}(21), (49). [Cases: \nSecurities Regulation ~40.12.] 2. A natural person \nwho is a partner, officer, director, or employee of: (1) \nthe issuer; (2) a general partner ofa limited partnership \nissuer; or (3) a company or partnership that controls, \nis controlled by, or is under common control with the \nissuer. Cf. AFFILIATE (2). \nassociate judge. See JUDGE. \nassociate justice. See JUSTICE (2). association-in-fact enterprise \nassociation. (16c) 1. The process of mentally collecting \nideas, memories, or sensations. 2. A gathering ofpeople \nfor a common purpose; the persons so joined. 3. An \nunincorporated organization that is not a legal entity \nseparate from the persons who compose it . If an \nassociation has sufficient corporate attributes, such as \ncentralized management, continuity ofexistence, and \nlimited liability, it may be classified and taxed as a cor\nporation. -Also termed unincorporated association; \nvoluntary association. [Cases: Associations 1.] \nbeneficial association. See benevolent association. \nbenefit association. See benevolent association. \nbenevolent association. An unincorporated, nonprofit \norganization that has a philanthropic or charitable \npurpose. -Also termed beneficial association; benefit \nassociation; benevolent society; fraternal society; \nfriendly society. [Cases: Associations \nhomeowners' association. 1. An association ofpeople \nwho own homes in a given area and have united to \nimprove or maintain the area's quality. [Cases: Associ\nations ~1; Condominium (:;::::>8.] 2. An association \nformed by a land developer or homebuilder to manage \nand maintain property in which the developer or \nthe builder owns an undivided common interest.  \nHomeowners' associations which are regulated by \nstatute in many states -are commonly formed by \nrestrictive covenant or a declaration ofrestrictions. \nAlso spelled homeowners association. -Also termed \nowners' association. \nnonprofit association. A group organized for a purpose \nother than to generate income or profit, such as a sci\nentific, religiOUS. or educational organization. [Cases: \nAssociations ~1; Charities ~1, 39. 46.] \nowners' association. 1. See homeowners' association. \n2. See OWNERS' ASSOCIATION. \nprofessional association. (1837) 1. A group of profes\nsionals organized to practice their profession together. \nthough not necessarily in corporate or partnership \nform. 2. A group ofprofeSSionals organized for educa\ntion, social activity. or lobbying, such as a bar associa\ntion. -Abbr. P.A. [Cases: Attorney and Client \n31; Health ~295.] \ntrade association. (1909) An association of business \norganizations having similar concerns and engaged \nin similar fields, formed for mutual protection, the \ninterchange ofideas and statistics, and the establish\nment and maintenance of industry standards. A \ntrade association may be composed of members of \na Single industry (e.g., the Chemical Manufacturers \nAssociation) or members having a common interest \nor purpose (e.g., the Consumer Mortgage Coalition). \nAmong the joint actions that a trade association often \ntakes are conecting industry data, advertiSing, mar\nketing, and engaging in public relations and govern\nment relations. \nassociation-in-fact enterprise. Under RICO, a group of \npeople or entities that have not formed a legal entity. but \nthat have a common or shared purpose, and maintain \n\n142 Association of American Law Schools \nan ongoing organizational structure through which \nthe associates function as a continuing unit.  A RICO \nviolation is not shown merely by proving that an enter\nprise, including an association-in-fact, exists. A pattern \nof racketeering activity must also be proved. 18 USCA \n 1961(4); United States v. Turkette, 452 U.S. 576, 101 \nS.Ct. 2524 (1981). [Cases: Racketeer Influenced and \nCorrupt Organizations (::=>36.] \nAssociation ofAmerican Law Schools. An organization \nof U.S. law schools that have each"}
{"text": "Organizations (::=>36.] \nAssociation ofAmerican Law Schools. An organization \nof U.S. law schools that have each graduated at least \nthree annual classes of students. -Abbr. AALS. \nAssociation of Legal Writing Directors. A nonprofit \ncorporation composed of the directors and former \ndirectors oflaw-schoollegal-writing programs, mostly \nin the United States. Created in 1996 to improve \nthose programs, it supports research and scholarship; \nholds a biennial conference; conducts (with the Legal \nWriting Institute) an annual survey of the programs; \nmaintains a listserv; represents writing teachers before \nthe American Bar Association; and publishes various \nresources, including the ALWD Citation Manual. -\nAbbr. ALWD (aI-wid). See ALWD CITATION MANUAL. \nassoil (<I-soyt), vb. [l.aw French] Hist. To acquit or \nabsolve; to deliver from excommunication. -Also \nspelled assoi/e. Also termed absoile; (Issoilyie. \nassultus premeditatus. See assault purpense under \nASSAULT. \nassumed bond. See guaranteed bond (1) under BOND \n(3). \nassnmed name. (17c) 1. ALIAS (1). 2. The name under \nwhich a business operates or by which it is commonly \nknown <Antex Corporation's assumed name is \nComputer Warehouse> . Many states require an indi\nvidual or business operating under an assumed name to \nfile an assumed-name certificate, usu. in the secretary \nof state's office or the county clerk's office where the \nprincipal place of business is located. -Also termed \nfictitious name. See D/B/A. Cf. corporate name under \nNAME. [Cases: Corporations ~46.1 \nassume or reject. Bankruptcy. (Of a debtor-in-possession \nor a trustee) to make an election under the Bankruptcy \nCode concerning an executory contract or an unex\npired lease within a prescribed period, depending on \nthe chapter of the Code under which the case is pro\nceeding and the subject matter of the contract . The \ntiming, procedure, and consequences of the election \nare described in 11 USCA  365. [Cases: Bankruptcy \n~3102.1.] \nassumpsit (;J-sam[p]-sit). fLaw Latin \"he undertook\"] \n(16c) 1. An express or implied promise, not under seal, \nby which one person undertakes to do some act or pay \nsomething to another <an assumpsit to pay a debt>. \n2. A common-law action for breach of such a promise \nor for breach of a contract <the creditor's assumpsit \nagainst the debtor>. [Cases: Assumpsit, Action of~ \n1.] \n\"It was early known as 'trespass on the case upon \npromises,' but in time came to be designated assumpsit (he assumed or promised), and lies for damages for breach \nof all contracts, parol or simple, whether written or verbal, \nexpress or implied.\" Edwin E. Bryant, The Law of Pleading \nUnder the Codes ofCivil Procedure 9-10 (2d ed. 1899). \n\"In its origin an action of tort, [assumpsit] was soon trans\nformed into an action of contract, becoming afterwards a \nremedy where there was neither tort nor contract. Based \nat first only upon an express promise, it was afterwards \nsupported upon an implied promise, and even upon a ficti \ntious promise. Introduced as a special manifestation of the \naction on the case, it soon acquired the dignity of a distinct \nform of action, which superseded Debt, became concurrent \nwith Account, with Case upon a bailment, a warranty, and \nbills of exchange, and competed with Equity in the case of \nthe essentially equitable quasi-contracts growing out of the \nprinciple of unjust enrichment. Surely, it would be hard to \nfind a better illustration of the flexibility and power of self \ndevelopment of the Common Law:' James Barr Ames, \"The \nHistory ofAssumpsit,\" in 3 Select Essavs in Anglo-American \nLegal Historv 298 (1909). \ngeneral assumpsit. (18c) An action based on the defen\ndant's breach of an implied promise to pay a debt to \nthe plaintiff. -Also termed common assumpsit; \nindebitatus assumpsit. [Cases: Assumpsit, Action of \n\"General assumpsit is brought for breach of a fictitious or \nimplied promise raised by law from a debt founded upon \nan executed consideration. The basiS of the action is the \npromise implied by law from the performance of the con\nsideration. or from a debt or legal duty resting upon the \ndefendant.\" Benjamin J. Shipman, Handbook of Common \nLaw Pleading  59, at 153 (Henry Winthrop Ballantine ed., \n3d ed. 1923). \n\"[TJhe word 'assumpsit' suggest[s] the making of a promise. \nWhile that is true in the case of the action of special assump\nsit, the promise alleged in the action of general assumpsit \nwas only a fiction. Accordingly in the latter action, the word \n'assumpsit' no more means that an obligation exists as the \nresult of making a contract, than that a contract is involved \nbecause the obligation is described as quasi-contractual.\" \nCharles Herman Kinnane, A First Book on AngloAmerican \nLaw 633-34 (2d ed. 1952). \nindebitatus assumpsit (in-deb-i-tay-tds a-sam[p]-sit). \n[Latin \"being indebted, he undertook\"]!. A form of \naction in which the plaintiff alleges that the defen\ndant contracted a debt and, as consideration, had \nundertaken (Le., promised) to pay . 1he action was \neqUivalent to the common-law action for debt (an \naction based on a sealed instrument), but could be \nused to enforce an oral debt. In England, indebitatus \nassumpsit was abolished in 1873 by the Judicature Act. \nBut it is still used in several American states, such as \nCalifornia. See CONCESSIT SOLVERE. 2. See general \nassumpsit. \n\"[I]f I verbally agree to pay a man a certain price for a \ncertain parcel of goods, and fail in the performance, an \naction of debt lies against me; for this is a determinate \ncontract: but if I agree for no settled price, I am not liable to \nan action of debt, but a special action on the case, accord \ning to the nature of my contract. And indeed actions of \ndebt are now seldom brought but upon special contracts \nunder seal .... [Tlhe plaintiff must recover the whole debt \nhe claims, or nothing at all. For the debt is one single cause \nof action, fixed and determined; and which therefore, if \nthe proof varies from the claim, cannot be looked upon as \nthe same ... action of debt .... But in an action on the \ncase, on what is called an indebitatus assumpsit, which \nis not brought to compel a specific performance of the \n\n143 \ncontract, but to recover damages for its non-performance, \nthe implied assumpsit, and consequently the damages for \nthe breach of it, are in their nature indeterminate; and will \ntherefore adapt and proportion themselves to the truth of \nthe case which shall be proved, without being confined to \nthe precise demand stated in the declaration.\" 3 William \nBlackstone, Commental'ies on the Laws of England 154 \n(1768). \nspecial assumpsit. An action based on the defendant's \nbreach ofan express contract. -Also termed express \nassumpsit. [Cases: Assumpsit, Action ofC=6.] \n\"Special assumpsit lies for the recovery of damages for \nthe breach of simple contract, either express or implied in \nfact. The term 'special contract' is often used to denote an \nexpress ~r explicit contract as contrasted with a promise \nimplied in law.\" Benjamin J. Shipman, Handbook of Com\nmonLaw Pleading  58, at 148 (Henry Winthrop Ballantine \ned., 3d ed. 1923). \n\"From the allegations concerning the 'assumpsit,' a new \naction which split off from the action on the case came \nto be known as the action of assumpsit. Since, however, \nthe plaintiff had to allege and prove a specific or special \npromise, in order to get a judgment, the action came to \nbe known as the action of 'special assumpsit.' When the \nspecial promise came to be regarded as the basis of the \naction, the action came to be regarded as a contract action, \nrather than one based on unclassified 'wrongs.'\" Charles \nHerman Kinnane, A First Book on Anglo-American Law \n633-34 (2d ed. 1952). \nassumption, n. (l3c) 1. A fact or statement taken as \ntrue or correct; a supposition <a logical assumption>. \n2. The act of taking (esp. someone else's debt or other \nobligation) for or on oneself; the agreement to so take \n<assumption ofa debt>. -assume, vb. \nassumption ofmortgage or trust deed. The acquisi\ntion of real property coupled with the assumption of \npersonal liability for debt secured by that property. \n[Cases: Mortgages C=279.] \nimplied assumption. (1852) The imposition ofpersonal \nliability on a land purchaser who buys subject to a \nmortgage and who deducts the mortgage amount \nfrom the purchase price, so that the purchaser is \ntreated as having assumed the debt. [Cases: Mort\ngages C=279.] \nassumption clause. 1. A mortgage provision that pro\nhibits another from assuming the mortgage without \nthe permission of the mortgagee. [Cases: Mortgages \nC::>272.] 2. A provision by which the transferee of an \ninstrument agrees to assume an obligation ofthe trans\nferor. \nassumption fee. A lender's charge for processing records \nfor a new buyer's assumption of an existing mortgage. \n[Cases: Mortgages C=>279.J \nassumption of mortgage or trust deed. See ASSUMP\nTION. \nassumption of the risk. (1824) Torts. 1. The act or an \ninstance of a prospective plaintiff's taking on the risk \nof loss, injury, or damage <the skydiver's assumption \nofthe risk>. -Also termed assumption ofrisk. [Cases: \nNegligence \n\"[Assumption of risk] has been a subject of much con\ntroversy, and has been surrounded by much confusion, assumption of the risk \nbecause 'assumption of risk' has been used by the courts \nin several different senses, which traditionally have been \nlumped together under the one name, often Without realiz\ning that any differences exist. There are even courts which \nhave limited the use of the term 'assumption of risk' to \ncases in which the parties stand in the relation of master \nand servant, or at least some other contractual relation; but \nthey have been compelled to invent other names for other \ncases, such as 'incurred risk,' or 'volenti non fit injuria.' \nThis appears to be largely a distinction without a differ\nence; and most courts have made general use of the one \nterm.... In its most basiC sense, assumption of risk means \nthat the plaintiff, in advance, has given his express consent \nto relieve the defendant of an obligation of conduct toward \nhim, and to take his chances of injury from a known risk \narising from what the defendant is to do or leave undone.\" \nW. Page Keeton et aI., Prosser and Keeton on the Law of \nTorts  68, at 480-81 (5th ed. 1984). \n2. The principle that one who takes on the risk of loss, \ninjury, or damage cannot maintain an action against a \nparty that causes the loss, injury, or damage <assump\ntion ofthe risk was not a valid defense> . Assumption \nofthe risk was originally an affirmative defense, but in \nmost jurisdictions it has now been wholly or largely \nsubsumed by the doctrines ofcontributory or compara\ntive negligence. Ihe risk assumed by the person was \noften termed an incurred risk. \nimplied assumption ofthe risk. An assumption based \non the plaintiff's conduct that seems to consent to \nrelieve another ofliability for negligence . For this \ndefense to apply, the plaintiffs conduct must suggest \n(1) open consent to the risk, (2) voluntary participa\ntion in the activity, and (3) full understanding of the \ndanger. See VOLENTI NON FIT INJURIA. \nprimary assumption ofthe risk. A legal conclusion that \nthe defendant was not negligent because the defen\ndant either did not owe a duty of care to the injured \nparty or did not breach any duty owed. Courts \ndecide questions of duty through policy judgments, \nwhich include the relative balance between risks and \nutilities. [Cases: Negligence (;~554.4.] \n\"Primary assumption of risk occurs when the plaintiff \nvoluntarily participates in an activity involving certain \ninherent risks and encounters one of the inherent risks; \nthe defense is a complete bar to recovery because there is \nno duty of care to protect another from the risks inherent \nin a voluntary activity.\" 4 Ann Taylor Schwing, California \nAffirmative Defenses 2d  48:24, at 59 (1996). \n\"Primary assumption of risk is sometimes viewed as a \nmisnomer. This concept is frequently described as a \nnoduty rule because the plaintiff, by engaging in a known \nand potentially risky activity, has relieved the defendant of \nthe duty of care normally owed to the plaintiff. Under the \nprimary-assumption-of-risk/noduty doctrine, 'there [would \nbel no liability because the defendant did not breach a duty \nof care to the plaintiff.' [Kenneth S. Abraham, The Forms \nand Functions of Tort Law 155 (1997).] Traditionally, the \nno-duty rule completely bars a plaintiff's recovery. Courts \nlimit the use of primary assumption of risk in com parative\nnegligence jurisdictions because of the harshness of this \nrule. Recently, some comparative-negligence jurisdictions \nhave started to review primary assumption-of-risk claims \nwithin the framework of their comparativefault system, \nrefusing to automatically bar the plaintiff's entire recovery.\" \nLuke Ellis, Note, Talking About My Generation: Assumption \nofRisk and the Rights ofInjured Concert Fans in the Twenty\nFirst Century, 80 Texas L. Rev. 607, 618 (2002). \n\nsecondary assumption ofrisk. 1. The act or an instance \nof voluntarily encountering a known unreasonable \nrisk that is out ofproportion to any advantage gained . \n With secondary assumption"}
{"text": "\nof voluntarily encountering a known unreasonable \nrisk that is out ofproportion to any advantage gained . \n With secondary assumption of the risk, the fact\nfinder considers the reasonableness of the plaintiff's \nconduct in the particular case, balancing the risks and \nutilities under the circumstances. 2. An affirmative \ndefense to an established breach ofa duty, based on a \nclaim that the plaintiff acted unreasonably in encoun\ntering a known risk. See contributory negligence under \nNEGLIGENCE. [Cases: Negligence (;:::>554.4.] \nvoluntary assumption ofthe risk. An intentional and \nunreasonable exposure ofoneself to danger created by \nanother's negligence, when one knows or has reason \nto know of the danger. \nassurance, n. (14c) 1. Something that gives confidence; \nthe state ofbeing confident or secure <self-assurance>. \n2. English law. See life insurance under INSURANCE <she \nobtained assurance before traveling abroad, naming \nher husband as the beneficiary>. 3. The act oftransfer\nring real property; the instrument by which it is trans\nferred <the owner's assurance of the farm to his son>. \n4. A pledge or guarantee <adequate assurances of the \nborrower's solvency>. assure, vb. \nadequate assurance. 1. Contracts. A circumstance or a \ncontractual obligor's act that gives an obligee reason to \nbe confident that the contract will be duly performed. \n Ifthe obligee has good reason to feel insecure and \njustifiably demands assurance, an obligor's failure to \nprovide adequate assurance may constitute a repudia\ntion of the contract. UCC  2-609. [Cases; Sales \n152, 184.] 2. Bankruptcy. Evidence that a debtor will \nprobably be able to perform its obligations under a \ncontract, such as the posting of a bond or a showing \nthat the debtor will generate sufficient income to \npay any arrearages and future payment obligations. \n[Cases; Bankruptcy (;:::>2481,3114.] \ncollateral assurance. A pledge made in addition to the \nprincipal assurance of an agreement. \ncommon assurance. See MUNIMENT OF TITLE. \nfurther assurance. (17c) A covenant, usu. contained \nin a warranty deed, whereby the grantor promises to \nexecute any document that might be needed in the \nfuture to perfect the title that the original instrument \npurported to transfer. \nassured, n. Insurance. One who is indemnified against \nloss; INSURED. [Cases: Insurance (;:::>2100.J \nassurer. See LNSURER. \nas their interests may appear. See A TIMA. \nastipulation (as-tip-Yd-Iay-sh;m). Archaic. Agreement; \nassent. \nastitution (as-t;l-t[yjoo-sh;m). Archaic. See ARRAIGN\nMENT. \nastrarius (as-trair-ee-ds), n. [Law Latin \"hearth owner\"] \nHist. The owner or occupant ofa house. Also termed \nastrer (as-trdr). See heres astrarius under HERES. \nastronomical day. See solar day (2) under DAY. asylee (d-5I-Iee). A refugee applying for asylum; an asy\nlum-seeker. [Cases: Aliens, Immigration, and Citizen\nship (;:::>504-543.] \nasylum. (15c) 1. A sanctuary or shelter. 2. Protection of \nusu. political refugees from arrest by a foreign juris\ndiction; a nation or embassy that affords such protec\ntion. Also termed political asylum. [Cases: Aliens, \nImmigration, and Citizenship (;::=504-543.] 3. An \ninstitution for the protection and relief of the unfor\ntunate, esp. the mentally ilL Also termed (in sense \n3, archaically) insane asylum. [Cases: Asylums and \nAssisted Living Facilities (;:::> 10; Mental Health \n31.] \natamita (;l-tam-i-td), n. [Latin] Civil law. A great-great\ngreat-grandfather's sister. \nat arm's length. See ARM'S-LENGTH. \natavia (;l-tay-vee-;l), n. [Latin] Roman & civil law. A \ngreat-great-great grandmother. \natavunculus (at-d-v<lngk-y;J-I;lS), n. (Latin] Civil law. A \ngreat-great-great-grandfather's brother. \natavus (at-;l-V;JS), n. [Latin] Roman & civil law. The male \nascendant in the fifth degree; a great-grandfather's or \ngreat-grandmother's grandfather; a fourth grandfa\nther. \nat bar. (l7c) Now before the court <the case at bar>. \nAlso termed at bench; at the bar . \nat bench. See AT BAR. \nat equity. According to equity; by, for, or in equity. \na terme (a tairm). [Law French] For a term. \na terme de sa vie (a tairm dd sa vee). [Law French] For \nthe term ofhis life. \na terme que n'est mye encore passe (a tairm b nay mee \nawn-kor pahs). [Law French] For a term that has not \nyet passed. \na terme que passe est (a tairm b pahs ay). [Law French] \nFor a term that has passed. \nATF. abbr. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, \nAND EXPLOSIVES. \nAtilian law. See LEX ATILIA. \nATIMA (;Hee-m;l). abbr. As their interests may appear. \n The phrase is sometimes used in insurance policies \nto show that the named insured has an interest, usu. \nan unspecified one, in the property covered by the \npolicy and is entitled to benefits to the extent of that \ninterest. The phrase is also used in a policy's mortgage \nclause to protect the mortgagee's real-property interest. \nSee INSURABLE INTEREST; MORTGAGE CLAUSE. [Cases: \nInsurance (;:::> 3450.] \nAtinian law. See LEX ATINIA. \nat issue. (18c) Taking opposite sides; under dispute; in \nquestion <the federal appeals courts are at issue over \na question oflaw>. \nat-issue waiver. (1985) An exemption from the attorney\nclient privilege, whereby a litigant is considered to have \nwaived the privilege by taking a position that cannot \n\n145 \nbe effectively challenged without analyzing privileged \ninformation. Cf. OFFENSIVE-USE WAIVER. [Cases: Privi\nleged Communications and Confidentiality (::::'j 168.] \nAtlantic Reporter. A set of regionallawbooks, part of the \nWest Group's National Reporter System, containing \nevery published appellate decision from Connecticut, \nDelaware, Maine, Maryland, New Hampshire, New \nJersey, Pennsylvania, Rhode Island, and Vermont, as \nwell as the decisions of the District of Columbia Munic\nipal Court of Appeals, from 1885 to date . The first \nseries ran from 1885 to 1938; the second series is the \ncurrent one. -Abbr. A.; A.2d. \nat large. (14,) 1. Free; unrestrained; not under control \n<the suspect is still at large>. 2. Not limited to any \nparticular place, person, matter, or question <at-large \nelection>. 3. Chosen by the voters ofan entire political \nentity, such as a state, county, or city, rather than from \nseparate districts within the entity <council member \nat large>. 4. Not ordered in a topical way; at random \n<statutes at large>. 5. Fully; in detail; in an extended \nform <there wasn't time to discuss the issue at large>. \nat-large election. See election at large under ELECTION. \nat law. (16c) According to law; by, for, or in law. \natmatertera (at-may-tar-tar-a), n. [Latin] Civil law. A \ngreat-great-great-grandmother's sister. Also termed \nabmatertera magna (ab-may-tar-tdr-d mag-nd). \nat maturity. See date ojmaturity under DATE. \natort (a-tor), adv. [Law French] Hist. Wrongfully. \na tort et a travers (a tor tay a tra-vair). [Law French] \nWithout consideration or discernment. \na tort ou a droit (a tor 00 a drwah). [Law French) Right \nor wrong. \nat par, adj. (Of a stock or bond) issued or selling at face \nvalue. \n. atpatruus (at-pa-troo-dS), n. [Latin] Civil law. A brother \nofa great-great-grandfather. \nat-pleasure appointment. See pleasure appointment \nunder APPOINTMENT (1). \nat-risk rules, n. pl. (1977) Statutory limitations ofa tax\npayer's deductible losses to the amount the taxpayer \ncould actually lose, to prevent the taxpayer from shel\ntering income. [Cases: Internal Revenue (::::'3389.] \natrocious assault. See ASSAULT. \natrocious felony. See FELONY. \nATS. abbr. At the suit of. \nATSDR. abbr. AGENCY FOR TOXIC SUBSTANCES AND \nDISEASE REGISTRY. \nattach, vb. (14c) 1. To annex, bind, or fasten <attach the \nexhibit to the pleading>. 2. To take or seize under legal \nauthority <attach the debtor's assets>. [Cases: Attach\nment 1; Federal Civil Procedure (;:::::>581.] 3. To \nbecome attributed; to adhere <jeopardy attaches when \nthe jury is sworn>. attachment \nattache (at-<l-shay or a-ta-shay), n. A person who serves \nas a technical adviser to an embassy. [Cases: Ambas\nsadors and Consuls \nattachiamenta bonorum (<l-tach-ee-<l-men-t<l \nb<l-nor-<lm), n. [Law Latin] Hist. A distress taken on \ngoods and chattels by bailiffs, as security to answer an \naction for debt. \nattachiamentum (a-tach-ee-d-men-t<lm), n. [Law Latin] \nAn attachment. PI. attachiamenta. \nattaching creditor. See CREDITOR. \nattachment. (14c) 1. The seizing of a person's property \nto secure a judgment or to be sold in satisfaction of \na judgment. -Also termed (in civil law) proviSional \nseizure. Cf. GARNISHMENT; SEQUESTRATION (1). [Cases: \nAttachment 1; Federal Civil Procedure C:='581\n590.] \nattachment ofwages. The attachment by a plaintiff of a \ndefendant's earnings as an employee . In some juris\ndictions, an attachment-of-earnings order requires \nthe defendant's employer to deduct a specified sum \nor percentage of the defendant's wages or salary and \nto pay the money into court. The court then sends the \nmoney to the plaintiff. Federal law provides a garnish\nment statute for satisfaction of judgments for child \nsupport and alimony. Under this statute, up to 50% \nof a wage-earner's disposable income can be seized \nif the wage-earner has another family of dependents \nand up to 60% if there is only one family. Ifthe obligor \nis more than three months in arrears, an additional \n5% can be seized until the arrearage is paid. 15 USCA \n 1673(b)(2). -Also termed attachment ojearnings; \nwage-Withholding; automatic wage-withholding; wage \nassignment. Cf. GARNISHMENT; INCOME-WITHHOLD\nING ORDER. [Cases: Execution C:='420.5; Garnish\nment C'::::> 1.] \nprejudgment attachment. An attachment ordered \nbefore a case is decided. Cf. provisional attachment . \nprovisional attachment. A prejudgment attachment \nin which the debtor's property is seized so that if \nthe creditor ultimately prevails, the creditor will be \nassured of recovering on the judgment through the \nsale of the seized property . Ordinarily, a hearing \nmust be held before the attachment takes place, and \nmost courts require the creditor to post a bond for \nany damages that result from the seizure (esp. if the \ncreditor ultimately loses in the lawsuit). Cf. prejudg\nment attachment. \n2. The arrest of a person who either is in contempt of \ncourt or is to be held as security for the payment of a \njudgment. [Cases: Contempt C:='56; Execution C~421; \nFederal Civil Procedure C'-::>27 14.] 3. A writ ordering \nlegal seizure of property (esp. to satisfy a creditor's \nclaim) or of a person. -Also termed writ ojattach\nment. [Cases: Attachment Federal Civil Pro\ncedure C:='581.] \nancillary attachment. An attachment that results in \nseizure and holding ofproperty pending a resolution \n\n146 attachment bond \nofthe plaintiff's claim. Also termed attachment on \nmesne process. [Cases: Attachment \n4. The creation ofa security interest in property, occur\nring when the debtor agrees to the security, receives \nvalue from the secured party, and obtains rights in \nthe collateral. DCC  9-203. Cf. PERFECTION. [Cases: \nSecured Transactions <>::: 133.] 5. The act ofaffixing or \nconnecting; something (as a document) that is affixed \nor connected to something else. \nattachment bond. See BOND (2). \nattachment lien. See LIEN. \nattachmen.t ofearnings. See attachment ofwages under \nATTACHMENT (1). \nattachment ofrisk. (I900) The point when the risk ofloss \nofpurchased goods passes from the seller to the buyer. \nDCC  2-509. [Cases: Sales ~198.] \nattachment ofwages. See ATTACHMENT (1). \nattachment on mesne process. See ancillary attachment \nunder ATTACH"}
{"text": "ofwages. See ATTACHMENT (1). \nattachment on mesne process. See ancillary attachment \nunder ATTACHMENT (3). \nattainder (;J-tayn-d;Jr), n. (1Sc) 1. At common law, the \nact of extinguishing a person's civil rights when that \nperson is sentenced to death or declared an outlaw \nfor committing a felony or treason. 2. Hist. A grand\njury proceeding to try whether a jury has given a false \nverdict. 3. 1he conviction ofa jury so tried. See BILL OF \nATTAINDER. -attaint (;J-taynt), vb. \n\"The word attainder is derived from the Latin term aUine\ntus, Signifying stained or polluted, and includes, in its \nmeaning, all those disabilities which flow from a capital \nsentence. On the attainder, the defendant is disqualified \nto be a witness in any court; he can bring no action, nor \nperform any of the legal functions which before he was \nadmitted to discharge; he is, in short, regarded as dead in \nlaw.\" 1 Joseph Chitty, A Practical Treatise on the Criminal \nLaw 725 (2d ed. 1826). \nattaint (;J-taynt), adj. (14c) Maligned or tarnished repu\ntationally; under an attainder for crime. \n. attaint, n. Hist. A writ to inquire whether a 12-member \njury gave a false verdict. -Ifit was so found (by a \n24-member jury), the judgment based on the verdict \nwas overturned. The writ was abolished in England in \n1826. \nattempt, n. (16c) 1. The act or an instance ofmaking an \neffort to accomplish something, esp. without success. 2. \nCriminal law. An overt act that is done with the intent \nto commit a crime but that falls short of completing \nthe crime. _ Attempt is an inchoate offense distinct \nfrom the intended crime. Under the Model Penal Code, \nan attempt includes any act that is a substantial step \ntoward commission ofa crime, such as enticing, lying \nin wait for, or following the intended victim or unlaw\nfully entering a building where a crime is expected to be \ncommitted. Model Penal Code  5.01. -Also termed \ncriminal attempt; offer. See DANGEROUS-PROXIMITY \nTEST; INDISPENSABLE-ELEMENT TEST; LAST-PROXI\nMATE-ACT TEST; PHYSICAL-PROXIMITY TEST; PREPARA\nTION; PROBABLE-DESISTANCE TEST; RES IPSA LOQUITUR \nTEST; PREPARATION; SUBSTANTIAL-STEP TEST. Cf. CONSPIRACY; SOLICITATION (2). [Cases: Criminal Law \n44.J attempt, vb. \n\"An attempt to commit an indictable offence is itself a \ncrime. Every attempt is an act done with intent to commit \nthe offence so attempted. The existence of this ulterior \nintent or motive is the essence of the attempt .. , . (Yet] raj \nIthough every attempt is an act done with intent to commit \na crime, the converse is not true. Every act done with this \nintent is not an attempt, for it may be too remote from the \ncompleted offence to give rise to criminal liability, not\nwithstanding the criminal purpose of the doer. I may buy \nmatches with intent to burn a haystack, and yet be clear \nof attempted arson; but if I go to the stack and there light \none of the matches, my intent has developed into a criminal \nattempt.\" John Salmond, Jurisprudence 387 (Glanville L. \nWilliams ed., 10th ed. 1947). \n\"Attempt ... is the most common of the preliminary crimes. \nIt consists of steps taken in furtherance of an indictable \noffence which the person attempting intends to carry out \nif he can. As we have seen there can be a long chain of \nsuch steps and it is necessary to have some test by which \nto deCide that the particular link in the chain has been \nreached at which the crime of attempt has been achieved; \nthat link will represent the actus reus of attempt ....\"J.W. \nCecil Turner, Kenny's Outlines of Criminal Law 79 06th \ned.1952). \nattempted assault. See ASSAULT. \nattempted marriage. See void marriage under MARRIAGE \n(1). \nattempted monopolization. See MONOPOLIZATION. \nattempted suicide. See SUICIDE. \nattempt to assault. See attempted assault under \nASSAULT. \nattempt to attempt. (1903) A first step made toward a \ncriminal attempt of some sort, such as a failed effort \nto mail someone a note inciting that person to engage \nin criminal conduct. _ As a general rule, courts do not \nrecognize an attempt to commit a crime that is itself \nan attempt. But some jurisdictions recognize this \noffense, esp. when the attempted crime is defined to \nbe an independent substantive crime. For example, \nsome jurisdictions recognize an attempted assault if \nassault is defined as placing a person in apprehension \nofbodily injury (as opposed to being defined merely \nas an attempted battery). In this situation, courts \nhave been willing to punish conduct that falls short of \nthe attempted crime but constitutes more than mere \npreparation to commit it. See attempted assault under \nASSAULT. [Cases: Criminal Law ~44.] \nattendance officer. See TRUANCY OFFICER. \n! attendant, adj, (lSc) Accompanying; resulting <atten\ndant circumstances>. \nattendant circumstance. See CIRCUMSTANCE. \nattendant term. See TERM (4). \nattentate (d-ten-tayt), 11. His!. 1. A criminal attempt. 2. \nAn assault. 3. An erroneous step taken by a lower-court \njudge after a case has been stayed or appealed. \nattenuation doctrine (<l-ten-Yd-way-sh,m). (1962) \nCriminal procedure. The rule providing that evidence \nobtained by illegal means may nonetheless be admis\nI sible if the connection between the evidence and the \n\n147 \nillegal means is sufficiently attenuated or remote. \nThis is an exception to the fruit-of-the-poisonous\ntree doctrine. See FRUlT-OF-THE-POISONOUS-TREE \nDOCTRINE. [Cases: Criminal Law <:;::>394.1(3).] \natterminare (a-tar-mi-nair-ee), vb. [Law Latin] 1. To put \noff to a succeeding term; to adjourn. 2. To prolong the \ntime to pay a debt. \natterminement (a-tar-min-mant). 1. The granting of a \ndelay for some purpose; esp., the extension of time to \npay a debt. 2. The fixing of a time limit. attermine, \nvb. \nattermoiement (at-af-moy-a-mant). [Law FrenchJ Eccles. \nlaw. COMPOSITION (1). \nattest (a-test), vb. (16c) 1. To bear witness; testify <attest \nto the defendant's innocence>. 2. To affirm to be true or \ngenuine; to authenticate by signing as a witness <attest \nthe will>. [Cases: Wills C=> 113.] attestation (a-te\nstay-shan), n. attestative (;J-tes-td-tiv), adj. \nattestation clause. (18c) A provision at the end of an \ninstrument (esp. a will) that is signed by the instru\nment's witnesses and that recites the formalities \nrequired by the jurisdiction in which the instrument \nmight take effect (such as where the will might be \nprobated). The attestation strengthens the presump\ntion that all the statutory requirements for executing \nthe will have been satisfied. -Also termed witness\ning part. Cf. TESTIMONIUM CLAUSE. [Cases: Wills \n113.] \nattested copy. See certified copy under COPY. \nattested will. See WILL. \nattester (a-tes-tdr). One who attests or vouches for. \nAlso spelled attestant; attestator; attestor. \nattesting witness. See WITNESS. \nat the bar. See AT BAR. \nat the courthonse door. (Of the posting of a notice of \njudicial sale, etc.) on the courthouse door, or in direct \nproximity to the door, as on a bulletin board that is \nlocated just outside the door and that is regularly used \nfor the posting of legal notices . Some statutes may \nspecify that the notice be actually posted on the door. \nSee POSTING (5). \nat-the-market price. See PRICE. \nattorn (;)-tarn), vb. (Isc) l. To agree to be the tenant of \na new landlord. -Also termed attorn tenant. [Cases: \nLandlord and Tenant Is.J 2. To transfer (money, \ngoods, etc.) to another. \nattornatus (at-df-nay-tds). [Law LatinJ One who is \nattorned, or put in the place ofanother; an attorney. \nattorney. (14c) 1. Strictly, one who is designated to \ntransact business for another; a legal agent. -Also \ntermed attorney-in-fact; private attorney. 2. A person \nwho practices law; LAWYER. Also termed (in sense \n2) attorney-ai-law; public attorney. Cf. COUNSEL (2). \nAbbr. att'y. PI. attorneys. [Cases: Attorney and Client \n(:::::>63.J attorney \nassociate attorney. 1. See ASSOCIATE (2). 2. Patents. \nAn attorney who is registered to practice before the \nU.S. Patent and Trademark Office, who has been \nappOinted by a principal attorney, and who is autho\nrized to prosecute a patent application through the \nfiling of a power of attorney. [Cases: Patents C'='97.] \nattorney ad litem (ad II-tern or -t;)m). A court\nappointed lawyer who represents a child during the \ncourse of a legal action, such as a divorce, termina\ntion, or child-abuse case. _ The attorney owes to the \nchild the duties ofloyalty, confidentiality, and compe\ntent representation. A child'8 right to legal representa\ntion in a juvenile proceeding was mandated in In re \nGault, 387 U.S.!, 87 S.Ct. 1428 (1967). The appoint\nment ofan attorney ad litem is a limited one --only \nfor a specific lawsuit. -Also termed child's attorney; \nattorney for the child. Cf. guardian ad litem under \nGUARDIAN. [Cases: Infants (:::::>j90.] \nattorney not ofrecord. 1. A lawyer who is not recog\nnized as a party's legal representative. Cf. attorney \nofrecord (1). [Cases: Attorney and Client C=>72.] 2. \nPatents & trademarks. An attorney whose name is not \nincluded in a power of attorney on file with the u.s. \nPatent and Trademark Office for a patent or trade\nmark application. An attorney not of record may \nnevertheless prosecute a patent application if regis\ntered to practice before the U.S. Patent and Trade\nmark Office and appointed by the principal attorney. \n37 CFR 1.34(a). Cf. attorney not recognized. \nattorney not recognized. Patents. An attorney \nappointed by a patent applicant but not registered to \npractice before the U.S. Patent and Trademark Office. \n A power of attorney appointing an unregistered \nattorney is void. Cf. attorney not ofrecord. [Cases: \nPatents (;:::::>97.] \nattorney ofrecord. 1. The lawyer who appears for a \nparty in a lawsuit and who is entitled to receive, on the \nparty's behalf, all pleadings and other formal docu\nments from the court and from other parties. -Also \ntermed counsel ofrecord. See OF RECORD (1). [Cases: \nAppearance (>:::>3.J 2. Patents & Trademarks. The \nattorney or agent whose name is included in the \npower of attorney filed by an applicant for a patent \nor a trademark registration . For a patent applica\ntion, the attorney of record must be a patent attorney \nor a patent agent. [Cases: Patents C=>97.) \nbriefing attorney. 1. An attorney who specializes in \nbrief-writing, particularly appellate briefs and legal \nmemoranda. 2. CLERK (5). \npanel attorney. (1951) A private attorney who rep\nresents an indigent defendant at the government's \nexpense. A panel attorney is usu. a member of an \naffiliated list and aSSigned by a court to a particular \nclient. \nresearch attorney. 1. An attorney who specializes in \nproViding legal support by researching, by writing \nmemoranda, and by preparing drafts ofdocuments. 2. \nCLERK (5). -In some jurisdictions, a research attorney \n\n148 attorney, power of \nis a midlevellaw clerk, above a briefing attorney but \nbelow a staff attorney. \nsettlement attorney. An attorney who specializes in \nnegotiating resolutions for disputes, such as pending \nlawsuits, or in finalizing negotiated transactions, such \nas real-property sales. Sometimes also termed (in \nreal-property sales) settlement agent. \nspecial attorney. See special counsel under COUNSEL. \nstaffattorney. (1934) 1. A lawyer who works for a \ncourt, usu. in a permanent position, on matters such \nas reviewing motions, screening docketing state\nments, preparing scheduling orders, and examin\ning habeas corpus petitions. -Staff attorneys do not \nrule on motions or decide cases, but they review and \nresearch factual and legal points, and recommend \nproposed rulings to judges, as well as drafting the \norders implementing those rulings. See CLERK (5). \n[Cases: Courts (;::::;)55.] 2. An in-house lawyer for an \norganization, esp. a nonprofit organization but some\ntimes for a corporation. Cf. in-house counsel under \nCOUNSEL. 3. A lawyer who works for a law firm and \nperforms the functions ofan associate but who is not \non a partnership track. \nattorney, power of. See POWER OF ATTORNEY. \nattorney-at-law. See ATTORNEY (2). \nattorney-client privilege. See PRIVILEGE (3). \nattorney-client relationship. See RELATIONSHIP. \nattorney fees"}
{"text": "ge. See PRIVILEGE (3). \nattorney-client relationship. See RELATIONSHIP. \nattorney fees. See ATTORNEY'S FEES. \nattorney for the child. See attorney ad litem under \nATTORNEY. \nattorney general. (l6c) The chieflaw officer ofa state or \nof the United States, responsible for advising the gov\nernment on legal matters and representing it in liti\ngation. _ \"General\" is a postpositive adjective, not an \nhonorific, so the title should not, strictly speaking, be \nshortened. -Abbr. AG. PI. attorneys general. [Cases: \nAttorney General \nattorney general's opinion. (1808) 1. An opinion fur\nnished by the U.S. Attorney General to the President \nor another executive official on a request concerning a \nquestion oflaw. [Cases: Attorney General ~6.1 2. A \nwritten opinion by a state attorney general, usu. given \nat the request of a public official, interpreting a legal \nprovision. \nattorney in charge. See lead counsel (1) under \nCOUNSEL. \nattorney-in-fact. See ATTORNEY (1). \nattorney malpractice. See legal malpractice under MAL\nPRACTICE. \nattorney not ofrecord. See ATTORNEY. \nattorney not recognized. See ATTORNEY. \nattorney of record. See ATTORNEY. \nAttorneys and Agents Registered to Practice Before the \nU.S. Patent and Trademark Office. A PTO publication listing all registered patent attorneys and agents \nby name and location. \nattorney's fees. (i8c) The charge to a client for services \nperformed for the client, such as an hourly fee, a flat fee, \nor a contingent fee. -Also spelled attorneys'fees. \nAlso termed attorney fees. Cf. RETAINER (2). [Cases: \nAttorney and Client (;:::::' 137, 142.1, 146.1.] \nattorney's lien. See LIEN. \nattorney-witness rule. See LAWYER-WITNESS RULE. \nattorney work product. See WORK PRODUCT. \nattorney-work-product privilege. See WORK-PRODUCT \nRULE. \nattornment (;l-tarn-mant), n. (16c) 1. A tenant's agree\nment to hold the land as the tenant of a new landlord. \n[Cases: Landlord and Tenant C=-':-15.]2. A constructive \ndelivery involVing the transfer of mediate possession \nwhile a third person has immediate possession; esp., \na bailee's acknowledgment that he or she will hold the \ngoods on behalf ofsomeone other than the bailor. -For \nthe other two types of constructive delivery, see CON\nSTITUTUM POSSESSORIUM; TRADITIO BREVI MANU. \nattorn, vb. \n\"[Another] form of constructive delivery is that which is \nknown to English lawyers as attornment .... The mediate \npossessor of a thing may deliver it by procuring the imme' \ndiate possessor to agree with the transferee to hold it for \nthe future on his account, instead of on account of the \ntransferor. Thus if I have goods in the warehouse of A \nand sell them to B, I have effectually delivered them to B \nso soon as A has agreed with B to hold them for him, and \nno longer for me.\" John Salmond, Jurisprudence 306-07 \n(Glanville L. Williams ed., 10th ed. 1947). \nattorn tenant. See ATTORN (1). \nattractive nuisance. See NUISANCE. \nattractive-nuisance doctrine. (I903) Torts. The rule \nthat a person who owns property on which there is \na dangerous thing or condition that will foreseeably \nlure children to trespass has a duty to protect those \nchildren from the danger <the attractive-nuisance \ndoctrine imposed a duty on the school to protect the \nchildren from the shallow, polluted pond on school \nproperty>. -Also termed turntable doctrine; torpedo \ndoctrine. See ALLUREMENT; DANGEROUS INSTRUMEN\nTALITY. [Cases: Negligence (;:::>1l72-1178.] \nattribution, n. The process outlined in the Internal \nRevenue Code -by which a person's or entity's stock \nownership is assigned to a related family member or \nrelated entity for tax purposes. Also termed stock \nattribution. [Cases: Internal Revenue ~3626.1 \nattribute, vb. attributive, adj. \nattribution right. Copyright. A person's right to be \ncredited as a work's author, to have one's name appear \nin connection with a work, or to forbid the use ofone's \nname in connection with a work that the person did \nnot create. -Attribution rights constitute one aspect \nof the moral rights recognized primarily in civil-law \ncountries. Under the Visual Artists Rights Act of 1990, \nthe creators of a very limited class of works-called \nworks ofvisual art-have certain statutory attribution \n\nrights. 17 USCA  106A. Under the Berne Convention \nImplementation Act, attribution rights afforded foreign \ncopyright owners may be enforceable in the U.S. Also \ntermed rights ofattribution; paternity; maternity. Cf. \nINTEGRITY RIGHT; MORAL RIGHT. [Cases: Copyrights \nand Intellectual Property C=>36.] \natt'y. abbr. ATTORNEY. \nATVEF. abbr. ADVANCED TELEVISION ENHANCEMENT \nFORUM. \nat will. (14c) Subject to one's discretion; as one wishes \nor chooses; esp. (of a legal relationship), able to be ter\nminated or discharged by either party without cause \n<employment at will>. \nat-will employment. See employment at will under \nEMPLOYMENT. \nat-will tenancy. See tenancy at will under TENANCY. \nAtwood doctrine. The principle that, to the extent an \nERISA plan and its summary-plan description conflict \nregarding the circumstances under which benefits may \nbe denied, the summary-plan description controls. \nAtwood v. Newmont Gold Co., 45 F.3d 1317 (9th Cir. \n1995); 29 USCA  1022. See SUMMARY-PLAN DESCRIP\nTION. [Cases: Labor and Employment C=>483(2).) \nau besoin (oh bd-zwan). [French \"in case of need\") A des\nignation in a bill ofexchange stating who is responsible \nfor payment if the drawee fails or refuses to pay . For \nexample, au besoin is part ofthe phrase au besoin, chez \nMessrs. Garnier et DuCloux (meaning \"in case ofneed, \napply to Messrs. Garnier and DuCloux\"). \nA.U.C. abbr. AB URBE CONDITA. \nauction, n. (l6c) A public sale ofproperty to the highest \nbidder. Under UCC  2-328, a sale at auction is ordi\nnarily complete when the auctioneer so announces in a \ncustomary manner, as by pounding a hammer. Also \ntermed auction sale. [Cases: Auctions and Auctioneers \n1,7.) auction, vb. \nauction without reserve. An auction in which the \nproperty will be sold to the highest bidder, no \nminimum price will limit bidding, the owner may \nnot withdraw property after the first bid is received, \nthe owner may not reject any bids, and the owner \nmay not nullify the bidding by outbidding all other \nbidders. In an auction without reserve, the owner \nessentially becomes an offeror, and each successively \nhigher bid creates a contingent acceptance, with the \nhighest bid creating an enforceable contract. Also \ntermed absolute auction. See WITHOUT RESERVE. \n[Cases: Auctions and Auctioneers \nauction with reserve. An auction in which the property \nwill not be sold unless the highest bid exceeds a \nminimum price. See WITH RESERVE. [Cases: Auctions \nand Auctioneers C-~7.l \nDutch auction. 1. An auction in which property is ini\ntially offered at an excessive price that is gradually \nlowered until the property is sold. 2. An auction in \nwhich several identical items are offered simultane~ \nously, one to a bidder, and sold to the highest bidders for the amount of the lowest winning bid. 3. Secu\nrities. A method of tendering stock shares whereby \na corporation provides a price range, shareholders \nindicate how many shares they will sell and at what \nprice, and the corporation buys however many shares \nit wants at the lowest prices offered. -Also termed \nDutch-auction tender method. [Cases: Auctions and \nAuctioneers <::=7.]4. Securities. An auction ofsecuri\nties, usu. other than stock, in which a security's price \nis gradually lowered until it meets an acceptable bid \nand is sold. 5. Securities. An auction of a new issue \nof stock in which there is a stated minimum price \nper share, but bidders may offer a higher price for \nany number of shares until the highest price offered \nbecomes the final price at which all the shares issued \nwill be sold. -Also termed (in sense 4) offer for sale \nby tender. \nknock-out auction. An auction at which two or more \nbidders have agreed in advance not to bid against one \nanother. At common law, knock-out auctions were \nnot forbidden, on grounds that a person could not \nbe constrained to make an offer. But most jurisdic\ntions now have statutes that (1) forbid dealers (those \nwho buy at auctions with the intention of reselling \nto others) from giving or offering an inducement to \nabstain from bidding at an auction, and (2) penalize \nthe person who seeks such an inducement from a \ndealer. lCases: Auctions and Auctioneers C=>7.J \nauctioneer, n. A person legally authorized to sell goods \nor lands of other persons at public auction for a com\nmission or fee. The auctioneer is the property owner's \nagent up to the moment when a purchaser's bid is \naccepted, when the auctioneer becomes the purchaser's \nagent. -Formerly also termed vendue master. (Cases: \nAuctions and Auctioneers \nauction market. See MARKET. \nauction sale. See AUCTION. \nauctor (ahk-tor), n. [Latin \"author\") 1. The source of a \nright or title, such as a grantor; AUTHOR (2). 2. A prin\ncipal. \nauctore praetore (awk-tor-ee pree-tor-ee). [Latin) 1. \nRoman law. On the authority of the praetor. 2. Scots \nlaw. With the sanction ofa judge. \nauctorin rem suam (awk-tor in rem s[y]oo-;}m). [Latin) \nRist. One who acts on one's own behalf; a principal in \none's own affairs. \nauctoritate judicis (awk-tor-;}-tay-tee joo-di-sis). [Latin) \nRist. By judicial authority. \naudience, n. A hearing before judges. See RIGHT OF \nAUDIENCE. \naudience test. Copyright. A judicial analysis used to \ndetermine whether the lay observer or an ordinary, \nreasonable audience would conclude that the protect\nable expression in a copyrighted work is substantially \nsimilar to the expression in the accused work. -Also \ntermed ordinary-observer test; ordinary-lay-observer \n\n150 Audio Home Recording Act \ntest. [Cases: Copyrights and Intellectual Property<:;:=' \n53(1).1 \nAudio Home Recording Act. Copyright. A 1992 federal \nlaw designed to prevent copyright-infringement suits \nbased on the manufacture, importation, distribution, \nor sale of digital-audio technology . Manufacturers \nofdigital recording devices must pay royalties on sales \nof the devices and related media, and build security \nmechanisms into each device. The security mechanisms \nallow the owner of a digital-recording device to make \na copy from the original medium, but not to make a \ncopy from the copy. 17 USCA  1001-1010. -Abbr. \nAHRA. Copyrights and Intellectual Property \naudiovisual work. See WORK (2). \naudit, n. (15c) A formal examination ofan individual's or \norganization's accounting records, financial situation, \nor compliance with some other set of standards. See \nGENERALLY ACCEPTED AUDITING STANDARDS. audit, \nvb. auditor, n. \naudit ofreturn. See tax audit. \ncompliance audit. An audit conducted by a regulatory \nagency, an organization, or a third party to assess \ncompliance with one or more sets oflaws and regu\nlations. \ncorrespondence audit. An IRS audit of a taxpayer's \nreturn conducted by mail or telephone. [Cases: \nInternal Revenue (:::>4443.] \ndesk audit. A review of a civil-service position to deter\nmine whether its duties and responsibilities fit the \nprescribed job classification and pay scale. [Cases: \nOfficers and Public Employees (;:::::c 11.8.: \ndouble audit. An audit ofthe same subject performed \nseparately by two independent auditors. \nenvironmental audit. A company's voluntary self-audit \nto evaluate its environmental-management programs \nand to determine whether it is in compliance with \nenvironmental regulations. \nevent-driven audit. An audit that focuses on particu\nlar transactions or activities that may raise signifi\ncant legal issues . Unlike routine periodic audits, \nan event-driven audit can focus substantial auditing \nresources on analyzing a particular event. \nfield audit. An IRS audit conducted at the taxpayer's \nbusiness premises, accountant's offices, or lawyer's \noffices. [Cases: Internal Revenue C~'4443.1 \nindependent audit. An audit conducted by an outside \nperson or firm not connected with the person or orga\nnization being audited. \ninternal audit. An audit performed by an organiza\ntion's personnel to ensure that internal procedures, \noperations, and accounting practices are in proper \norder. \noffice audit. An IRS audit of a taxpayer's return con\nducted in the IRS agent's office. [Cases: Internal \nRevenue C='4443.) periodic audit. An audit conducted at regular intervals \nto assess a company's current condition. \npost audit. An audit of funds spent on"}
{"text": ". An audit conducted at regular intervals \nto assess a company's current condition. \npost audit. An audit of funds spent on a completed \ncapital project, the purpose being to assess the effi\nciency with which the funds were spent and to \ncompare expected cash-flow estimates with actual \ncash flows. \ntax audit. The review of a taxpayer's return by the IRS, \nincluding an examination of the taxpayer's books, \nvouchers, and records supporting the return. -Also \ntermed audit ofreturn. [Cases: Internal Revenue \n4443.] \ntransactional audit. An audit performed for due\ndiligence purposes to determine whether there are \npotentially significant problems with a transaction. \n Transactional audits are often conducted in real\nproperty transactions to identify any environmen\ntal problems. In that context, the audit is sometimes \ncalled a site assessment. \naudita querela (aw-dI-td kWd-ree-Id). [Law Latin \"the \ncomplaint having been heard\"] A writ available to a \njudgment debtor who seeks a rehearing of a matter on \ngrounds of newly discovered evidence or newly existing \nlegal defenses. [Cases: Audita Querela (;:::::c 1.1 \n\"The writ of audita querela (= quarrel having been \nheard) ... , introduced during the time of Edward Ill, was \navailable to reopen ajudgment in certain circumstances. \nIt was issued as a remedy to defendant where an important \nmatter concerning his case had arisen since the judgment. \nIts issue was based on equitable, rather than common law \nprinciples.\" L.B. (urzon, English Legal History 103 (2d ed. \n1979). \n\"Audita querela is distinguished from coram nobis in that \ncoram nobis attacks the judgment itself. whereas audita \nquerela may be directed against the enforcement, or \nfurther enforcement, of ajudgment which when rendered \nwas just and unimpeachable.\" 7A c.J.S. Audita Querela  2, \nat 901 (1980). \naudit committee. See COMMITTEE. \naudit letter. A written request for an attorney, banker, \nor someone else to give financial auditors informa\ntion about a person or entity being audited, including \ninformation about pending or threatened litigation . \nThe recipient ofan audit letter usu. sends the response \n(called an audit-letter response) directly to the financial \nauditors. See AUDIT RESPONSE. \naudit-letter response. See AUDIT RESPONSE. \naudit of return. See tax audit under AUDIT. \naudit opinion. See OPINIOK (2). \nauditor. A person or firm, usu. an accountant or an \naccounting firm, that formally examines an individ\nual's or entity's financial records or status. \ncity auditor. A municipal official responsible for \nexamines a city's accounts and financial records. \ncounty auditor. An official who examines a county's \naccounts and financial records. \nstate auditor. The appointed or elected official respon\nsible for overseeing state fiscal transactions and \n\n151 \nauditing state-agency accounts. See AUDIT. [Cases: \nStates C:>76.] \naudit privilege. In an intellectual-property license agree\nment, the right of the licensor to inspect the licensee's \nbooks and records. Also termed audit rights. [Cases: \nCopyrights and Intellectual Property C'\"::) 107.] \naudit report. An independent auditor's written state\nment, usu. accompanying a company's financial state\nment, expressing the auditor's opinion ofthe accuracy \nofthe company's financial condition as set forth in the \nfinancial statement. \naudit respo.nse. A letter that an attorney provides to a \nclient's financial auditors, usu. at the client's request, \nregarding matters such as pending or threatened \nlitigation. Audit responses should comply with \nthe American Bar Association's Statement of Policy \nRegarding Lawyer's Responses to Auditors' Requests \nfor Information, published in December 1975. -Also \ntermed audit-letter response. See AUDIT LETTER. \naudit rights. See AUDIT PRIVILEGE. \naudit trail. (1954) The chain of evidence connecting \naccount balances to original transactions and calcu\nlations. \naugmented estate. See ESTATE (3). \naula regis (aw-b ree-jis). [Latin \"king's hall\"] Hist. See \nCURIA REGIS. \nAuntJemima doctrine. Trademarks. The principle that a \ntrademark is protected not only from use on a directly \ncompeting product, but also from use on a product \nso closely related in the marketplace that consumers \nwould be confused into thinking that the products \ncame from a Single source. Aunt Jemima Mills Co. v. \nRigney & Co., 247 F. 407 (2d Cir. 1917); 15 l;SCA  1114. \n In the namesake case, the name used on pancake \nflour was later used on syrup. lhe issue was not whether \na competitor was trying to pass off goods, but whether \nit was fair to let the name's second user jeopardize the \ngoodwill built up by the first user. See COMPLEMEN\nTARY GOODS. [Cases: Trademarks 1104.] \naural acquisition. (1968) Criminal law. l;nder the \nFederal Wiretapping Act, hearing or tape-recording \na communication, as opposed to tracing its origin or \ndestination. 18 USCA  2510(4). [Cases: Telecommu\nnications \nAUSA. abbr. See assistant United States attorney under \n;';NITED STATES ATTORNEY. \nAustralian ballot. See BALLOT (4). \naut dedere autjudicare. [Latin \"extradite or prosecute\"] \nInternational law. The principle that a nation where a \nfugitive from justice is found has a duty to either extra\ndite the fugitive to the nation from which the person \nhas fled or to prosecute the person in its own courts. \n This is an emerging prinCiple, and not accepted as a \ncustomary rule in international law. Cf. AUT DEDERE \nAUT POENAM PERSEQUI; AUT DEDERE AUT JUDICARE \nAUT TRANSFERERE. author \naut dedere aut judicare aut transferere. [Latin \"extra\ndite, prosecute, or transfer\"] International law. An \nemerging principle that a nation may choose neither to \nextradite nor to prosecute a person accused of a crime \nbut instead may\" deliver\" the person to a third nation . \nThis is not a de facto extradition because the receiving \nstate may also refuse to surrender the accused person \nto the requesting state. Cf. AUT DEDERE AUT j;';DICARE; \nAUT DEDERE AUT POENAM PERSEQUL \naut dedere aut poenam persequi. [Latin \"extradite or \nenforce the sanction\"] International law. The rule that a \nsentence handed down by a court against a person who \nflees or has ned to another nation should be enforced by \nthat nation ifit chooses not to extradite the person. Cf. \nAUT DEDERE AUT JUDICARE; AUT DEDERE AUT JUDICARE \nAUT TRANSFERERE. \nauthentic act. Civil law. 1. A writing signed before a \nnotary public or other public officer. [Cases: Acknowl~ \nedgment C:> 1.]2. A certified copy ofa writing. [Cases: \nEvidence (;:::;;)343.] \nauthenticate, vb. 1. To of(a thing). \n[Cases: Criminal Law C:>366-381.] \n2. To render authoritative or authentic, as by attestation \nor other legal formality. See UCC  9-102(a)(7). \nauthentication, n. (lSc) 1. Broadly, the act of proving \nthat something (as a document) is true or genuine, esp. \nso that it may be admitted as evidence; the condition of \nbeing so proved <authentication of the handwriting>. \n[Cases: Criminal Law Evidence C:> 366-381.] \n2. Specif., the assent to or adoption ofa writing as one's \nown. \n\"The concept of authentication, although continually used \nby the courts without apparent difficulty. seems almost to \ndefy precise definition. Some writers have construed the \nterm very broadly, as does Wigmore when he states that \n'when a claim or offer involves impliedly or expressly any \nelement of personal connection with a corporeal object, \nthat connection must be made to appear ... .' So defined, \n'authentication' is not only a necessary preliminary to the \nintroduction of most writings in evidence, but also to the \nintroduction of various other sorts of tangibles.\" John W. \nStrong et aI., McCormick on Evidence  218, at 350 (5th ed. \n1999) (italics in original). \nself-authentication. (1939) Authentication without \nextrinsic evidence of truth or genuineness . In \nfederal courts, certain writings, such as notarized \ndocuments and certified copies ofpublic records, may \nbe admitted into evidence by self-authentication. Fed. \nR. Evid. 902. [Cases: Criminal Law C-'\"::)444; Evidence \nC:>366-381.] \nauthentic interpretation. See INTERPRETATION. \nauthenticum (aw-then-t<1-k<1m). Roman & civil law. 1. \nAn original instrument. 2. (cap.) A Latin version of \n134 Novels promulgated by Justinian mostly in Greek \nbetween A.D. 535 and 556. Also termed Authenti\ncae. \nauthor. 1. Copyright. The person who creates an \nexpressive work, or the person or business that hires \nanother to create an expressive work.  In copyright \nlaw, \"author\" applies to a broad range ofoccupations, \n\n152 authoritative precedent \nincluding writers, artists, programmers, choreogra\nphers, and translators. [Cases: Copyrights and Intel\nlectual Property C=:>41(1).] 2. One from whom a right \nor title derives in some way other than by descent. See \nAUCTOR (1). \nauthoritative precedent. See binding precedent under \nPRECEDENT. \nauthority. (Bc) 1. The right or permission to act legally \non another's behalf; esp., the power of one person to \naffect another's legal relations by acts done in accor\ndance with the other's manifestations of assent; the \npower delegated by a principal to an agent <authority \nto sign the contract>. -Also termed power over other \npersons. See AGENCY. [Cases: Principal and Agent \n96.] \n\"The term 'authority,' like the term 'contract; may easily be \nused in three senses, and is therefore a term to be avoided \nwhen accurate reasoning is desirable. It may be used to \nmean (1) the operative acts of the principal, (2) a physical \ndocument executed by the principal, or (3) the legal rela \ntions consequent upon the preceding operative facts (l) \nand (2), and especially the legal power conferred upon the \nagent to bring the principal into new legal relations without \nany further action by the principal. The operative facts may \nbe spoken words, a document together with the acts neces \nsary to execute it, or other conduct by the principal appar\nently expressing an intention to create a power. Hereafter, \nthe word 'authority' will be used to denote these opera\ntive facts; in other cases the word power will usually be \nsubstituted. This latter word is not so likely to be taken in \nshifting senses, in spite of the fact that 'power ofattorney' \ngenerally means a physical document under seal.\" William \nR. Anson, Principles of the Law ofContract 508 n.1 (Arthur \nl. Corbin ed., 3d Am. ed. 1919). \nactual authority. (l8c) Authority that a principal \nintentionally confers on an agent or authority that \nthe agent reasonably believes he or she has as a result \nof the agent's dealings with the principaL. Actual \nauthority can be either express or implied. -Also \ntermed real authority. [Cases: Principal and Agent \n(::::,96,99.] \n\"Actual authority is such as a principal intentionally confers \nupon the agent, or intentionally, or by want of ordinary \ncare, allows the agent to believe himself to possess.\" Cal. \nCiv. Code  2316. \napparent authority. (1808) Authority that a third party \nreasonably believes an agent has, based on the third \nparty's dealings with the principal, even though \nthe principal did not confer or intend to confer the \nauthority.  Apparent authority can be created by \nlaw even when no actual authority has been con\nferred. -Also termed ostensible authority; authority \nby estoppel. [Cases: Principal and Agent (:::::c99.] \n\"The term 'apparent authority' means that a legal power is \nvested in the agent in the absence of any intention by the \nprincipal that it should exist, or even in spite of his inten\ntion that it should not exist. The operative facts causing \nthis power to exist are acts of the principal which, consid\nered along with surrounding facts, induce the third person \nwith whom the agent deals to believe reasonably that the \nprincipal intended the power to exist. The power is real and \nnot merely apparent. The agent is indeed a wrongdoer in \nexercising the power. He possesses the power but not the \nlegal privilege of using it. Likewise, the authority (meaning \nthe action of the principal creating the agent's power) is real. It is only the intention of the principal to create such \na power that is merely apparent (i.e., non-existent).\" William \nR. Anson, Principles of the Law ofContract 510 n.1 (Arthur \nL Corbin ed., 3d Am. ed. 1919). \n'''Apparent authority' of an insurance agent means such \nauthority as an insurer knowingly permits the agent to \nassume, or which it holds him out as possessing, that is, \nsuch authority as he appears to have by reason of actual \nauthority or such authority as a reasonably prudent man \nwould suppose the agent to possess.\" John Alan Appleman \n&Jean Appleman, Insurance Law and Practice  8674 \n(1981). \nauthority coupled with an interest. (17c) Authority \ngiven to an agent for valuable consideration . This \nauthOrity cannot be unilaterally terminated by the \nprincipal. Cf. naked authority. [Cases: Principal and \nAgent (:::::c34.1 \nconstructive authority. (1823) Authority that is inferred \nbecause ofan earlier grant ofauthority. \nexpress authority. (l6c) Authority given to the agent \nby explicit agreement, either orally or in writing. \nAlso termed stipulated authority. [Cases: Principal \n"}
{"text": "agent \nby explicit agreement, either orally or in writing. \nAlso termed stipulated authority. [Cases: Principal \nand Agent (;:::'96.] \ngeneral authority. (17c) A general agent's authority, \nintended to apply to all matters arising in the course \nofthe principal's business. \nimplied authority. (18c) Authority intentionally \ngiven by the principal to the agent as a result of the \nprincipal's conduct, such as the principal's earlier \nacquiescence to the agent's actions. -Also termed \npresumptive authority. [Cases: Principal and Agent \nC=:>99.J \nincidental authority. (18c) Authority needed to carry \nout actual or apparent authority . For example, the \nactual authority to borrow money includes the inci\ndental authority to sign commercial paper to bring \nabout the loan. Also termed inferred authority. \n[Cases: Principal and Agent (;:=>99.] \ninherent authority. (l7c) Authority ofan agent arising \nfrom the agency relationship. \nnaked authority. (18c) Authority delegated to an agent \nsolely for the principal's benefit, without a beneficial \ninterest in the matter for the agent. This author\nity can be revoked by the principal at any time. Cf. \nauthority coupled with an interest. \nostensible authority. See apparent authority. \npresumptive authority. See implied authority. \nreal authority. See actual authority. \nspecial authority. (l8c) AuthOrity limited to an indi\nvidual transaction. \nstipulated authority. See express authority. \nsupervisory authority. See SUPERVISORY AUTHORITY. \n2. Governmental power or jurisdiction <within the \ncourt's authority>. 3. A governmental agency or cor\nporation that administers a public enterprise <transit \nauthority>. Also termed public authority. [Cases: \nMunicipal Corporations (;:;::>2.] \n\n153 \nconstituted authority. (often pl.) Each of the legisla\ntive, executive, and judicial departments officially and \nrightfully governing a nation, people, municipality, \nor other governmental unit; an authority properly \nappointed or elected under organic law, such as a \nconstitution or charter. \nexamining authority. A self-regulatory organization \nregistered with the Securities and Exchange Com\nmission and vested with the authority to examine, \ninspect, and otherwise oversee the activities ofa reg\nistered broker or dealer. \n4. A legal writing taken as definitive or decisive; esp., a \njudicial or administrative decision cited as a precedent \n<that case is good authority in Massachusetts> . The \nterm includes not only the decisions of tribunals but \nalso statutes, ordinances, and administrative rulings. \n[Cases: Courts C=>88.] \nadverse authority. (18c) Authority that is unfavorable \nto an advocate's position . Most ethical codes require \ncounsel to disclose adverse authority in the control\nling jurisdiction even ifthe opposing counsel has not \ncited it. \nimperative authority. Authority that is absolutely \nbinding on a court. -Also termed binding author\nity. Cf. binding precedent under PRECEDENT. \npersuasive authority. (1842) Authority that carries \nsome weight but is not binding on a court. \n\"It may be well to call attention to the fact that the word \n'authority' is used by lawyers in at least two senses, one \nabstract and the other concrete. The word [in its concrete \nsense] refer[s] to the book or other repository to which \none resorts to find propositions of law, and sometimes the \nword is used in an even narrower sense to mean reported \ncases. In its abstract sense, however, 'authority' is sub \nstantially equivalent to 'influence' or 'power,' and in this \nsense 'authority' may be diVided into two grades, in that \nthe force of a statement of law is either imperative (that \nis to say, absolutely binding upon the courts) or simply \npersuasive. The use of the terms 'primary' and 'second \nary' authority, as applied in the concrete sense, must not \nbe confused with the use of the terms 'imperative' and \n'persuasive' authority, as used in the abstract sense. That \nis to say, a book of primary authority may be either impera \ntive or persuasive, according to the circumstances.. ,or \nit may be of no force at all. Books of secondary authority \nare, in the nature of things, usually merely of persuasive \nauthority.\" William M. Lile et aI., Brief Making and the Use \nofLawBooks12(3ded.1914). \nprimary authority. (1826) Authority that issues directly \nfrom a law-making body; legislation and the reports \noflitigated cases. \nsecondary authority. (1826) Authority that explains the \nlaw but does not itself establish it, such as a treatise, \nannotation, or law-review article. \nS. A source, such as a statute, case, or treatise, cited \nin support of a legal argument <the brief's table of \nauthorities>. \nauthority by estoppel. See apparent authority under \nAUTHORITY (1). \nauthorization clause. Patents. A Patent Act provi\nsion directing that if a person uses or manufactures autolimitation \nsomething protected by a valid U.S. patent, acts on \nbehalf of the U.S. government, and acts with the gov\nernment's authorization or consent, the U.S., not the \nperson, is deemed the infringing user or manufacturer . \n Ifan infringing act is done by a government contrac\ntor or subcontractor working for the U.S. and the act \nis covered by the authorization or consent clause, the \npatent owner's only recourse is a suit against the U.S. \nin the U.S. Claims Court for compensation. The autho\nrization or consent clause is in the second paragraph \nof 28 USCA  1498(a). Also termed consent clause. \n[Cases: United States ~97.] \nauthorization to sell. See LISTING (I). \nauthorize, vb. (14c) 1. To give legal authority; to empower \n<he authorized the employee to act for him>. 2. To \nformally approve; to sanction <the city authorized the \nconstruction project>. authorization, n. \nauthorized capital. See nominal capital under \nCAPITAL. \nauthorized capital stock. See capital stock (1) under \nSTOCK. \nauthorized committee. See SPECIAL LITIGATION COM\nMITTEE. \nauthorized shares. See capital stock (1) under STOCK. \nauthorized stock. See capital stock (1) under STOCK. \nauthorship. See work ofauthorship under WORK (2). \nauthor's right. Copyright. The system of protecting the \nmoral and economic rights of the creator ofa work, esp. \nin civil-law countries. Also termed (in French) droit \nd'auteur; (in German) Urheberrecht; (in Italian) diritto \nd' autore; (in Spanish) derecho de autor. \n\"[O]n almost every point of consequence, the traditions \nof copyright and author's right are far more alike than \nthey are unlike. One reason is that the Berne Convention \nbridges the two traditions, with the result that its extensive \nminimum standards have dictated substantively similar \nrules for countries in both camps.\" Paul Goldstein, Interna \ntional Copyright: Principles, Law, and Practice 4 (2001). \nauthor's share. Copyright. An author's portion ofroyal\nties, as determined by an agreement with the publisher. \n[Cases: Copyrights and Intellectual Property C=>48.] \nautocracy (aw-tok-r<l-see), n. (l7c) Government by one \nperson with unlimited power and authority; unlim\nited monarchy. autocratic (aw-t<l-krat-ik), adj. \nautocrat (aw-t<l-krat), n. \nautograph, n. A person's own writing or signature; \nHOLOGRAPH. Cf. ALLOGRAPH. \nautolimitation, n. An authority's establishment of rules \nthat, in effect, limit the authority's own power. \nautolimit, vb. \n\"The theory ofJellinek (Allgemeine Staatslehre), so far as \nthe writer understands it, is not an explanation either. In \nhis view something which he calls the State, not defined, \nbut, as it seems, a group of persons, finds itself in posses \nsion of power, and establishes rules. These are the law. \nThis process he calls 'autolimitation.' It is true that a body \nwith supreme power does make law. An autocrat, man or \ngroup, without rules, may do justice, though it probably \nwill not, but it does not make law there is no Rechtsstaat. \n\n154 Automated Bond System \nBut autolimitation is, as Professor Brierly notes ... , a con\ntradiction in terms. If the State's power is limited, it must be \nby some superior power. But even accepting the analysis, \nwe are no better off.\" W.W. Buckland, Some Reflections on \nJurisprudence 24 (1945). \nAutomated Bond System. The New York Stock \nExchange's computerized network that enables sub\nscribers to electronically transmit quotations and \nexecute orders for bond trades. Abbr. ABS. \nAutomated Patent System. A computerized database of \npatents, maintained by the C.S. Patent and Trademark \nOffice database. Abbr. APS. Also termed auto\nmated p!tent search system. \nautomated transaction. (1977) A contract formed or \nperformed, in whole or in part, by electronic means or \nby electronic messages in which neither party's elec\ntronic actions or messages establishing the contract \nare intended to be reviewed by an individual in the \nordinary course. UCITA  2-102(a)(7), 102:lOUC; \nUETA 14. \nautomatic-adjustment clause. A provision in a utility\nrate schedule that allows a public utility to increase its \nrates without a public hearing or state review, ifcertain \noperating costs, such as the price of fuel, increase. \nFederal Energy Regulatory Comm'n v. Mississippi, 456 \nU.S. 742, 102 S.Ct. 2126 (1982). [Cases: Electricity (:=:, \n11.3(4,6); Public Utilities C:)128.] \nautomatic-assignment doctrine. Trademarks. The rule \nthat, absent evidence to the contrary, the sale of an \nentire business carries with it and transfers to the pur\nchaser any common-law marks used in that business \nwithout the need for a written assignment. _ For marks \nregistered under the Lanham Act or under some state \nregistration schemes, a written assignment is required \nto transfer an interest in a registered mark or in a \npending application to register a mark. [Cases: Trade\nmarks <>1201(2).] \nautomatic disclosure. See DISCLOSURE (2). \nautomatic perfection. See PERFECTION. \nautomatic stay. See STAY. \nautomatic suspension. See automatic stay under STAY. \nautomatic-transfer statute. See TRANSFER STATUTE. \nautomatic wage-withholding. See attachment of wages \nunder ATTACHMENT (1). \nautomatism (aw-tom-;3-tiz-;3m), n. (1838) 1. Action or \nconduct occurring without will, purpose, or reasoned \nintention, such as sleepwalking; behavior carried out \nin a state of unconsciousness or mental dissociation \nwithout full awareness. _ Automatism may be asserted \nas a defense to negate the requisite mental state of \nvoluntariness for commission of a crime. [Cases: \nCriminal Law <>46.] 2. The state of a person who, \nthough capable ofaction, is not conscious ofhis or her \nactions. -automaton, n. \n\"How far is automatism a defence? It has been defined as \ninvoluntary action performed in a state of unconscious\nness not amounting to insanity. Theoretically the defence \nis that no act in the legal sense took place at all the plea is that there was no volition or psychic awareness.\" George \nWhitecross Paton, A Textbook ofJurisprudence 315 (G.W. \nPaton & David P. Derham eds . 4th ed. 1972). \nambulatory automatism. Automatism that consists in \nirresponsible or purposeless wanderings. \nautomobile exception. (1970) The doctrine that when \nprobable cause exists, a law-enforcement officer need \nnot obtain a warrant before searching a movable vehicle \n(such as a car or boat) in which an individual has a \nlessened expectation of privacy . 1his is an excep\ntion to the Fourth Amendment's warrant requirement \nfor search and seizure; exigent circumstances are \npresumed to exist. Once the right to conduct a war\nrantless search arises, the actual search may take place \nat a later time. Carroll v. United States, 267 U.S. 132, \n45 S.Ct. 280 (1925); Cardwell v. Lewis, 417 U.S. 583, 94 \nS.Ct. 2464 (1974); California v. Acevedo, 500 U.S. 565, \n111 S.Ct. 1982 (1991). See exigent circumstances under \nClRCUMSTA::'-ICE. [Cases: Controlled Substances (;=-114; \nSearches and Seizures <>60.] \nautomobile exclusion. See EXCLUSION (3). \nautomobile-guest statute. See GUEST STATUTE. \nautomobile homicide. See vehicular homicide under \nHOMICIDE. \nautomobile insurance. See INSURANCE. \nautonomic law (aw-ta-no m-ik). (1832) An internal regu\nlation that has its source in various forms ofsubordi\nnate and restricted legislative authority possessed by \nprivate persons and bodies ofpersons . Examples are \ncorporate bylaws, university regulations, and the rules \nof the International Monetary Fund. \nautonomous tariff. See TARIFF (2). \nautonomy (aw-tahn-a-mee), n. (17c) 1. The right ofself\ngovernment. 2. A self-governing nation. 3. An individ\nual's capacity for self-determination. autonomous \n(aw-tahn-;3-m;3s), adj. \nautonomy ofthe parties. See FREEDOM OF CONTRACT. \nautonomy privacy. See PRIVACY. \nautopsy (aw-top-see). (1678) 1. A medical examination \nof a corpse to determine the cause of death, esp. in a \ncriminal investigation. Also termed postmortem; \nnecropsy. [Cases: Coroners 2. The evidence of \none's own senses. \n\"To a"}
{"text": "necropsy. [Cases: Coroners 2. The evidence of \none's own senses. \n\"To a rational man of perfect organization, ... the best \nand highest proof of which any fact is susceptible is the \nevidence of his own senses. Hence autopsy, or the evidence \nof one's own senses, furnishes the strongest probability \nand indeed the only perfect and indubitable certainty of \nthe existence of any sensible fact.\" Centry v. McMinnis, 3 \nDana 382 (1835) (as quoted in John H. Wigmore, A Students' \nTextbook of the Law of Evidence 214 (1935)). \nautoptic evidence (aw-top-tik). See demonstrative \nevidence under EVIDENCE. \nautoptic proference (proh-far-;mts). 1. The presentation \nof an item for inspection by the court. 2. See demon\nstrative evidence under EVIDENCE. [Cases: Criminal \nLaw <>404.35; Evidence <>188.] \n\n155 \n\"Yet another form of proof that may present difficulties in \ndefining evidence is what Wigmore calls 'autoptic profer\nence.' By this barbarism, the learned author was referring \nto those few cases in which it is possible to bring before \nthe jury the material fact itself, rather than evidence of \nthe fact.\" 22 Charles Alan Wright & Kenneth W. Graham Jr., \nFederal Practice and Procedure  5163, at 33 (1978). \nautre action pendant (oh-tr;l ak-see-awn pahn-dahn). \n[Law French] Another action pending. This phrase \nwas formerly used in pleas of abatement. \nautre droit (oh-tr;l drwah). [Law French] In right of \nanother. This phrase describes the manner in which \na trustee holds property for a beneficiary. \nautrefois (oh-tr;l-fwah or oh-t;lr-foyz). [Law French] On \nanother occasion; formerly. \nautrefois acquit (;l-kwit or a-kee). [Law French \"previ\nously acquitted\"] A plea in bar of arraignment that \nthe defendant has been acquitted of the offense. \nAlso termed former acquittal. See DOUBLE JEOPARDY. \n[Cases: Criminal Law C=>289-297; Double Jeopardy \nC=>100.] \n\"Suppose that a transgressor is charged and acquitted \nfor lack of evidence, and evidence has now come to light \nshowing beyond doubt that he committed the crime. \nEven so, he cannot be tried a second time. He has what is \ntermed, in legal Frenglish, the defence of autrefois acquit. \nSimilarly, if he is convicted, even though he is let off very \nlightly, he cannot afterwards be charged on fresh evidence, \nbecause he will have the defence of autrefois convict. These \nuncouth phrases have never been superseded, though they \nmight well be called the defence of 'previous acquittal' \nand 'previous conviction'; and 'double jeopardy' makes \nan acceptable generic name for both.\" Glanville Williams, \nTextbook of Criminal Law 24 (1978). \nautrefois attaint (;l-taynt). Hist. A plea in bar that the \ndefendant has already been attainted for one felony \nand therefore cannot be prosecuted for another. \nThis plea was abolished in 1827. \nautrefois convict. [Law French \"previously convicted\"] \nA plea in bar of arraignment that the defendant has \nbeen convicted ofthe offense. See DOUBLE JEOPARDY. \n[Cases: Criminal Law C=>289-297; Double Jeopardy \nC=>lOS.] \nautre vie (oh-tr;l vee). [Law French \"another's life\"] 1. See \nPUR AUTRE VIE. 2. See VIE. \nauxiliary (awg-zil-y;l-ree), adj. 1. Aiding or supporting. \n2. Subsidiary. 3. Supplementary. \nauxiliary covenant. See COVENANT (1). \nauxiliary jnrisdiction. See assistant jurisdiction under \nJURISDICTION. \nauxiliator (awg-zil-ee-ay-t;lr), n. [Latin] Hist. A helper; \nan assistant. \nauxilium (awg-zil-ee-;lm), n. [Latin] Hist. Aid; esp., \ncompulsory aid such as a tax or tribute to be paid by a \nvassal to a lord as an incident of the tenure by knight's \nservice. \nauxilium ad filium militem faciendum etfiliam mari\ntandam (awg-zil-ee-;lm ad fil-ee-;lm mil-;l-tem fay\nshee-en-d;lm et fil-ee-am mar-;l-tan-d;lm), n. [Law \nLatin] Hist. A writ ordering a sheriff to levy a tax toward average \nthe knighting ofa son and the marrying of a daughter \noftenants in capite of the Crown. \nauxilium curiae (awg-zil-ee-;lm kyoor-ee-I or kyoor\nee-ee). [Latin] Hist. A court order summoning a party \nto appear and assist another party already before the \ncourt. \nauxilium regis (awg-zil-ee-;lm ree-jis), n. [Latin] Hist. \nThe Crown's tax levied for royal use and public service, \nsuch as a tax granted by Parliament. \nauxilium vice comiti (awg-zil-ee-;lm VI-see kom-;l-tr), n. \n[Latin] Hist. An ancient tax paid to sheriffs. \navail, n. (ISc) 1. Use or advantage <of little or no avail>. \n2. (pI.) Profits or proceeds, esp. from a sale ofproperty \n<the avails of the trust fund>. \navailable, adj. Legally valid <available claims> <avail\nable defenses>. \navailable for work, adj. (Of a person) ready, willing, and \nable to accept temporary or permanent employment \nwhen offered. \navailment, n. (17c) The act of making use or taking \nadvantage of something for oneself <availment of the \nbenefits of public office>. -avail, vb. \navail of marriage. See VALOR MARITAGIl. \naver (;l-var), vb. (ISc) To assert positively, esp. in a \npleading; to allege. \naverage, n. 1. A single value that represents the midpoint \nof a broad sample of subjects; esp., in mathematics, \nthe mean of a series. 2. The ordinary or typical level; \nthe norm. 3. Maritime law. Accidental partial loss or \ndamage to an insured ship or its cargo during a voyage. \n[Cases: Shipping C=> 186-202.] -average, vb. & adj. \nextraordinary average. A contribution by all the \nparties concerned in a commercial voyage -whether \nfor vessel or cargo -toward a loss sustained by some \nof the parties in interest for the benefit of all. \ngeneral average. Average resulting from an intentional \npartial sacrifice ofship or cargo to avoid total loss . \nThe liability is proportionately shared by all parties \nwho had an interest in the voyage. -Abbr. GA. \nAlso termed gross average; general-average contribu\ntion. [Cases: Shipping C=>186-202.] \n\"[Gleneral average refers to certain extraordinary sacrifices \nmade or expenses incurred to avert a peril that threat \nens the entire voyage. In such a case the party sustaining \nthe loss confers a common benefit on all the parties to \nthe maritime venture. As a result the party suffering the \nloss has a right -apart from contract or tort -to claim \ncontribution from all who participate in the venture. The \ndoctrine of general average is thus an equitable principle \nderived from the general maritime law. General average \nis an exception to the principle of particular average that \nlosses lie where they fall; rather the loss becomes 'general,' \nmeaning that it is spread ratably among all the parties \ninvolved in the maritime adventure. The doctrine of general \naverage is of ancient vintage, and can be traced back to \nremotest antiquity.\" ThomasJ. Schoenbaum, Admiralty and \nMaritime Law  161, at 522-23 (1987). \nparticular average. Average resulting from an acci\ndental partial loss or damage. Any average that \n\nis not general is termed particular. The liability is \nborne solely by the person who suffered the loss. \nAlso termed simple average; partial average; petty \naverage. \n4. Hist. A service, esp. one of carriage, due from a \nfeudal tenant to a lord. The average is mentioned \nin the Domesday Book, but the exact nature of the \nservice is unclear. Based on etymological studies, some \nauthorities believe the term referred to the performance \nof work with or by beasts of burden. But because the \nterm's origin is unclear, this theory is not universally \naccepted. \naverage adjuster. See ADJUSTER. \naverage bond. See general-average bond under BOND \n(2). \naverage cost. See COST (1). \naverage daily balance. See DAILY BALANCE. \naverage gross sales. See SALE. \naverage tax rate. See TAX RATE. \naverage variable cost. The average cost per unit ofoutput, \narrived at by dividing the total variable expenses ofpro\nduction by the total units of output. See COST (1). Cf. \nLONG-RUN INCREMENTAL COST. \naveraging down. An investment strategy in which shares \nin the same company are purchased at successively \nlower prices to achieve a lower average cost basis than \nthe first purchase . An investor may buy any number \nofshares in each transaction, not necessarily the same \nnumber each time. Cf. AVERAGING UP. \naveraging up. An investment strategy in a rising market \nin which equal numbers ofshares in the same company \nare purchased at successively higher prices to reduce \nthe investment's average cost basis . For example, if \nan investor buys an equal number ofshares at $10, $13, \n$15, and $lS, the average cost basis per share is $14. Cf. \nAVERAGING DOWN. \naverment (;:)-v;Jr-m;mt), n. (lSc) A positive declaration or \naffirmation offact; esp., an assertion or allegation in a \npleading <the plaintiff's averment that the defendant \nran a red light>. Cf. ASSEVERATE. \nimmaterial averment. (lSc) An averment that alleges \nsomething in needless detail; a statement that goes \nfar beyond what is in issue. This type of averment \nmay be ordered struck from the pleading. [Cases: \nFederal Civil Procedure ~6S2, 1125; Pleading C::::o \n22,362(3), 364.] \nnegative averment. (lSc) An averment that is negative \nin form but affirmative in substance and that must \nbe proved by the alleging party.  An example is the \nstatement \"she was not old enough to enter into the \ncontract,\" which is more than just a simple deniaL \nCf. TRAVERSE. [Cases: Federal Civil Procedure C::::o \n741; Pleading C='7S, 119-123.] \naverment of notice. A statement in a pleading that \nsomeone else has been properly notified about some \nfact, esp. in special actions ofassumpsit. See NOTICE. aviation easement. See avigational easement under \nEASEMENT. \naviation insurance. See INSURANCE. \navigational easement. See EASEMENT. \navigation easement. See avigational easement under \nEASEMENT. \na vinculo matrimonii (ay ving-ky;:)-loh ma-tp-moh\nnee-I). [Latin] From the bond of matrimony. -Often \nshortened to a vinculo. See divorce a vinculo matrimonii \nunder DIVORCE. \navizandum (av-i-zan-d;:)m). [Law Latin] Scots law. Delib\neration; advisement.  The judge is said later to \"advise\" \nthe case -that is, to give an opinion. \n''To make avizandum with a process, or part of it, is to take \nit from the public court to the private consideration of the \njudge.\" William Bell, Bel/'s Dictionarv and Digest ofthe Law \nofScotland 82 (George Watson ed., 7th ed. 1890). \navoid, vb. (14c) To render void <because the restric\ntive covenant was overbroad, the court avoided it> . \nBecause this legal use of avoid can be easily confused \nwith the ordinary sense of the word, the verb to void \nis preferable. \navoidable, adj. 1. Not inevitable; subject to prevention \n<an avoidable accident>. \npractically avoidable. (Of harm) capable ofbeing elim\ninated in whole or substantial part without incurring \nprohibitive expense or hardship. \n2. Capable ofbeing refrained from <avoidable habits>. \n3. Voidable. \navoidable-consequences doctrine. See MITIGATION-OF\nDAMAGES DOCTRINE. \navoidable cost. See COST (1). \navoidance, n. (l4c) 1. The act of evading or escaping \n<avoidance of tax liability>. See TAX AVOIDANCE. 2. \nThe act of refraining from (something) <avoidance \nof an argument>. 3. RESCISSION (1) <avoidance of the \nagreement>. 4. VOIDANCE <avoidance ofa penalty>. 5. \nANNULMENT (1) <avoidance of the marriage>. 6. CON\nFESSION AND AVOIDANCE <the defendant filed an avoid\nance in an attempt to avert liability>. -avoid, vb. \navoiding power. See POWER (5). \navoision (.:J-voy-zh;:)n), n. An ambiguous act that falls \nbetween legal avoidance and illegal evasion of the law. \n The term, coined by Arthur Seldon, an economist, is \na blend of evasion and avoidance. Avoision usu. refers \nto financial acts that are not clearly legal tax avoid\nance or illegal tax evasion, but it may appear in other \ncontexts. \n\"The book is in three parts, divided into tiny chapter\nlets. forty-two in all. The first part takes up what Katz \ncalls 'avoision': a fusion of 'avoidance' and 'evasion' that \ndenotes cases in which it is unclear whether a person's \nconduct should be considered lawful avoidance of the \nlaw's prohibitions or illegal evasion. Two actresses are \nvying for the same part. Mildred knows that Abigail has \nbeen unfaithful to her husband. If she threatens to tell the \nhusband unless Abigail forgoes the audition, that would \nbe blackmail, and"}
{"text": ". If she threatens to tell the \nhusband unless Abigail forgoes the audition, that would \nbe blackmail, and a crime. Instead she tells Abigail that she \nis mailing a letter addressed to the husband that reveals \n\nAbigail's infidelity and that has been timed to arrive the \nmorning of the audition. Knowing that Abigail will stay \nhome to intercept the letter, Mildred will have achieved the \nsame end as she would have done by committing black\nmail, yet her conduct is not criminal.\" Richard A. Posner, \n\"The Immoralist,\" New Republic, July 15, 1996, at 38. \navoucher (;3-vow-ch;3r). 1. Hist. A tenant's calling upon a \nwarrantor of title to the land to help the tenant defend \nthe title. 2. One who declares a probable truth, cor\nroborates, confirms, or confesses. \navoutry. See ADULTERY. \navowal (;3-VOW-;3l), n. 1. An open declaration. 2. OFFER \nOF PROOF..-avow, vb. \navowant (;3-vow-;3nt), n. A person who makes avowry in \nan action of replevin. \navowee. See ADVOCATUS. \navowry (;3-vow-ree), n. Common-law pleading. An \nacknowledgment -in an answer to a replevin action \nthat one has taken property, and a justification for that \ntaking <the defendant's avowry was based on alleged \ndamage to the property by the plaintiff>. Cf. COGNI\nzANcE (4). [Cases: Replevin ~64.] -avow, vb. \navowter. Hist. An adulterer. The crime was called \navowtry. -Also spelled advouterer; avowterer; avouter; \nadvowter. \navowtry. See ADULTERY. \navulsion (;3-v;3l-sh;3n), n. (17c) 1. A forcible detachment \nor separation. 2. A sudden removal of land caused by \nchange in a river's course or by flood . Land removed \nby avulsion remains the property ofthe original owner. \nCf. ALLUVION; ACCRETION (1); DELICTION; EROSION. 3. \nA tearing away ofa body part surgically or accidentally. [Cases: Navigable Waters ~4S; Waters and Water \nCourses ~94.1 -avulse, vb. \navunculus (;3-v;mgk-y;3-I;3s), n. [Latin] Roman & civil law. \nA maternal uncle; one's mother's brother. \navunculus maximus (mak-s;3-m;3s). See ABAVUNCU\nLUS. \navus (av-;3s or ay-v;3s), n. [Latin] Roman & civil law. A \ngrandfather. \naward, n. (I4c) A final judgment or decision, esp. one by \nan arbitrator or by a jury assessing damages. -Also \ntermed arbitrament. \naward, vb. (14c) To grant by formal process or by judicial \ndecree <the company awarded the contract to the low \nbidder> <the jury awarded punitive damages>. \naward in interference. See PRIORITY AWARD. \naway-going crops. See CROPS. \nAWOL. abbr. (1921) Absent without leave; missing \nwithout notice or permission. [Cases: Armed Services \n~36;Military Justice ~667.] \naxiom (ak-see-;3m), n. (ISc) An established principle that \nis universally accepted within a given framework of \nreasoning or thinking <\"innocent until proven guilty\" \nis an age-old axiom of criminal law>. -axiomatic \n(ak-see-;3-mat-ik), adj. \nayant cause (aY-;3nt). Civil law. 1. One to whom a right \nhas been assigned by will, gift, sale, or exchange; an \nassignee. 2. One who has a \"cause\" or standing in one's \nown right. \naye (I), n. Parliamentary law. An affirmative vote. \nayel (aY-;3I). See AIEL. \nayle (ayl). See AIEL. \n\nB \nB. abbr. BARON (3). \nB2B. abbr. BUSINESS-TO-BUSINESS <a B2B transac\ntion>. \nB2C. abbr. BUSINESS-TO-CONSUMER <a B2C transac\ntion>. \nBA. abbr .. See banker's acceptance under ACCEPTANCE \n(4) \nbaby act, pleading the. Slang. The act of asserting a \nperson's infancy as a defense to a contract claim. \nbaby-bartering. See BABY-SELLING. \nbaby bond. See BOND (3). \nbaby-brokering. See BABY-SELLING. \nBaby Doe. (1974) A generic pseudonym for a very young \nchild involved in litigation . Today a gender designa\ntion is often added: Baby Girl Doe or Baby Boy Doe. The \ngeneric term is used to shield the child's identity. \nBaby FTC Act. (1988) A state statute that, like the Federal \nTrade Commission Act, outlaws deceptive and unfair \ntrade practices. \nBaby Moses law. See SAFE-HAVEN LAW. \nbaby-selling. The exchange of money or something of \nvalue for a child . All states have prohibitions against \nbaby-selling. It is not considered baby-selling for pro\nspective adoptive parents to pay money to a birth \nmother for pregnancy-related expenses. -Also termed \nbaby-brokering; bally-bartering. \nbaby-snatching. See child-kidnapping under KIDNAP\nPING. \nBAC. abbr. BLOOD ALCOHOL CONTENT. \nbachelor. 1. An unmarried man. 2. The usual title of the \nfirst degree that is conferred on a university graduate. 3. \nEnglish law. A member of one of the orders of chivalry, \nsuch as the Order of the Bath. -Also termed (in sense \n3) knight bachelor. \nbachelor oflaws. See LL.B. \nback, vb. (ISc) 1. To indorse: to sign the back of a negotia\nble instrument. 2. To sign so as to show acceptance or \napproval. 3. To sign so as to indicate financial respon\nsibility for (someone or something). 4. Hist. (Of a mag\nistrate) to sign (a warrant issued in another county) to \npermit execution in the signing magistrate's county. \n\"[Although) the warrant of the judge of the Court of King's \nBench extends over the whole realm, ... that of ajustice of \nthe peace cannot be executed out of his county, unless it be \nbacked. that is, indorsed by ajustice of the county, in which \nit is to be carried into execution. It is said. that formerly \nthere ought in strictness to have been a fresh warrant in \nevery fresh county, but the practice of backing warrants \nhas long been observed, and was at last sanctioned by \nthe statute 23 Geo. 2. c. 26. s. 2, and 24 Geo. 2. c. 55.\" 1 Joseph Chitty, A Practical Treatise on the Criminal Law 45 \n(2d ed. 1826). \nbackadation. See BACKWARDATION. \nbackberend (bak-ber-;md). [Old English] Hist. 1. The \nbearing of stolen goods upon one's back or about \none's person . Backberend is sometimes modernized \nto backbearing. 2. A person caught carrying stolen \ngoods. Also spelled bacberende: backberinde. Cf. \nHANDHABEND. \n\"Backberinde signifieth bearing upon the Back, or about a \nMan. Bracton useth it for a Sign or Circumstance of Theft \napparent, which the Civilians call Furtum manifestum .... \" \nGiles Jacob, A New Law-Dictionary (8th ed. 1762). \nback carry. Hist. The crime of carrying, on one's back, \nunlawfully killed game. \nbackdate, vb. (1944) 1. To put a date earlier than the \nactual date on (something, as an instrument) . Under \nUCC  3-113(a), backdating does not affect an instru\nment's negotiability. Cf. POSTDATE; ANTEDATE (1). 2. \nTo make (something) retroactively valid. \nback door to Berne. Copyright. A U.S. copyright owner's \nsimultaneous publication of the copyrighted work in \nboth the United States and in a Berne Convention \ncountry in order to obtain Berne Convention protec\ntion. -This backdoor method was used before March \n1989, when the United States became a member of the \nBerne Convention. [Cases: Copyrights and Intellectual \nProperty (:.:::> 34.] \nback-end load. See load fund under MUTUAL FUND. \nbackground of the invention. Patents. In a U.S. patent \napplication and any resulting patent, the section \nthat identifies the field of art to which the invention \npertains, summarizes the state of the art, and describes \nthe problem solved by the invention. _ The Background \nof the Invention section usu. includes two subsections: \n\"Field of the Invention\" and \"Description of the Related \nArt.\" A mistaken inclusion in this section of a reference \nthat postdates the date of invention may be construed \nas an admission. [Cases: Patents (:'::::'99.] \nbackhaul allowance. See ALLOWANCE (1). \nbacking. Endorsement, esp. of a warrant by a magistrate. \nSee BACK (4). \nback-in right. Oil & gas. A reversionary interest in an \noil-and-gas lease entitling an assignor to a share of the \nworking interest after the assignee has recovered speci\nfied costs from production. \nback lands. (17c) Generally, lands lying away from not \nnext to a highway or a watercourse. \nbackpay. The wages or salary that an employee should \nhave received but did not because of an employer's \n\n159 \nunlawful action in setting or paying the wages or \nsalary. Also written back pay. Cf. FRONTPAY. \nbackpay award. A judicial or quasi-judicial body's \ndecision that an employee or ex-employee is entitled \nto accrued but uncollected wages or benefits. -Some\ntimes shortened to backpay. \nbackspread. Securities. In arbitrage, a less than normal \nprice difference in the price of a currency or commod\nity. See ARBITRAGE; SPREAD (3). \nback taxes. See back tax under TAX. \nback-title certificate. See BACK-TITLE LETTER. \nback-title letter. An official letter from a title insurer \nadvising about the condition of title to land as of a \ncertain date . With this information, the title can be \nexamined from that date forward. -Also termed back\ntitle certificate. \nback-to-back loan. See LOAN. \nback-to-work agreement. A contract between a union \nand an employer covering the terms under which the \nemployees will return to work after a strike. \nbackwardation. Securities. A fee paid by the seller of \nsecurities so that the buyer will allow delivery after \ntheir original delivery date. Also termed backada\ntion; inverted market. \nbackward integration. See INTEGRATION (5). \nbackwater. See WATER. \nbaculus (bak-ya-las or bak-a-Ias). Hist. A rod or staff \nused to symbolize the conveyance of unimproved land. \nSee LIVERY OF SEISIN; FESTUCA. \nbad, adj. Invalid or void; legally unsound <bad service \nof process> <bad law>. \nbad actor. See ACTOR (1). \nbad-boy disqualification. Securities. An issuer's disqual\nification from certain SEC-registration exemptions as a \nresult of the issuer's securities-law violations. \nbad-boy provision. Securities. A statutory or regulatory \nclause in a blue-sky law stating that certain persons, \nbecause of their past conduct, are not entitled to any \ntype of exemption from registering their securities. _ \nSuch clauses typically prohibit issuers, officers, direc\ntors, control persons, or broker-dealers from being \ninvolved in a limited offering if they have been the \nsubject of an adverse proceeding concerning securi\nties, commodities, or postal fraud. \nbad character. (17c) A person's propensity for or tendency \ntoward unlawful or immoral behavior. _ In limited cir\ncumstances, proof of bad character may be introduced \ninto evidence to discredit a witness. Fed. R. Evid. 608, \n609. See character evidence under EVIDENCE. \nbad check. See CHECK. \nbad-conduct discharge. See DISCHARGE (8). \nbad debt. See DEBT. \nbad-debt loss ratio. The proportion of a business's uncol\nlectible debt to a business's total receivables. badger game \nbad-debt reserve. See RESERVE. \nbad faith, n. (I7c) L Dishonesty of belief or purpose <the \nlawyer filed the pleading in bad faith>. Also termed \nmala fides (mal-d-fI-deez). \n\"A complete catalogue of types of bad faith is impossible, \nbut the following types are among those which have been \nrecognized in judicial decisions: evaSion of the spirit of the \nbargain. lack of diligence and slacking off, Willful rendering \nof imperfect performance, abuse of a power to specify \nterms, and interference with or failure to cooperate in the \nother party's performance.\" Restatement (Second) of Con \ntracts  205 emt. d (1979). \n2. Insurance. An insurance company's unreasonable \nand unfounded (though not necessarily fraudulent) \nrefusal to provide coverage in violation of the duties \nof good faith and fair dealing owed to an insured . \nBad faith often involves an insurer's failure to pay the \ninsured's claim or a claim brought by a third party. \n3. Insurance. An insured's claim against an insurance \ncompany for an unreasonable and unfounded refusal \nto provide coverage. Cf. GOOD FAITH. [Cases: Insurance \n(;=>3335,3336.]- bad-faith, adj. \nbad-faith enforcement. Patents. l. The filing of an \ninfringement action by a patentee who knows that the \naccused product or process does not infringe or that"}
{"text": "of an \ninfringement action by a patentee who knows that the \naccused product or process does not infringe or that the \npatent is invalid or unenforceable. [Cases: Patents \n325.11(4).] 2. In an infringement action, a counterclaim \nalleging that at the time of filing suit, the patentee knew \nthat the accused product or process did not infringe or \nthat the patent was invalid or unenforceable . A coun\nterclaim for bad-faith enforcement arises under  2 of \nthe Sherman Act and under the common law of unfair \ncompetition. Cf. PATENT-MISUSE DOCTRINE. [Cases: \nAntitrust and Trade Regulation (;=>587(3).] \nbad-faith filing, n. Bankruptcy. The act of submitting \na bankruptcy petition that is inconsistent with the \npurposes of the Bankruptcy Code or is an abuse of the \nbankruptcy system (that is, by not being filed in good \nfaith) . A court may dismiss a bankruptcy case if it \nfinds that the petition was filed in bad faith. [Cases: \nBankruptcy (;=> 2253.J \nbadge of fraud. (18c) A circumstance generally consid\nered by courts as an indicator that a party to a trans\naction intended to hinder or defraud the other party, \nsuch as a transfer in anticipation of litigation, a trans\naction outside the usual course of business, or a false \nstatement. See FRAUD. [Cases: Fraud (::;=3; Fraudulent \nConveyances (;=> 13-16.] \nbadge of slavery. (17c) 1. Strictly, a legal disability \nsuffered by a slave, such as the inability to vote or to \nown property. 2. Broadly, any act of racial discrimina\ntion -public or private -that Congress can prohibit \nunder the 13th Amendment. [Cases: Constitutional \nLaw (;=> 1101.] \nbadger game. (1858) A scheme to extort money or some \nother benefit by arranging to catch someone in a com\npromising position and then threatening to make that \nperson's behavior public. \n'The 'badger game' is a blackmailing trick, usually in the \nform of enticing a man into a compromising position with a \n\nbad-man theory \nwoman whose real or pretended husband comes upon the \nscene and demands payment under threat of prosecution \nor exposure.\" Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw451 (3d ed. 1982). \nbad-man theory. (1938) The jurisprudential doctrine or \nbelief that a bad person's view of the law represents the \nbest test of what the law actually is because that person \nwill carefully calculate precisely what the rules allow \nand will operate up to the rules' limits. -Ihis theory \nwas first expounded by Oliver Wendell Holmes in his \nessay The Path of the Law, 10 Harv. 1. Rev. 457 (1897). \nIn the essay, Holmes maintained that a society's legal \nsystem is defined by predicting how the law will affect a \nperson, as opposed to considering the ethics or morals \nsupposedly underlying the law. Under Holmes's theory, \nthe prediction is best made by viewing the law as would \na \"bad man\" who is unconcerned with morals. Such \na person is not concerned with acting morally or in \naccord with a grand philosophical scheme. Rather, that \nperson is concerned with whether and to what degree \ncertain acts will incur punishment by the public force \nof the law. See LEGAL REALISM. Also termed predic\ntion theory. \nbad motive. See MOTIVE. \nbads, n. Slang. In economics, the counterpart of \"goods,\" \ncharacterized by a negative correlation between the \namount consumed and the consumer's wealth; speciL \nthe kinds of products that tend to be bought only by \npoor people. \n\"Some products are termed 'bads' because consumption \nof the product tends to decrease with increasing wealth. \nSpam is one example of a bad, while beef tenderloin is \ngenerally thought to be a good.\" Donald S. Chisum et aI., \nPrinciples of Patent Law 54 (1998). \nbad title. See TITLE (2). \nbaga (bag-<'l). [Law Latin] Hist. A bag or purse, esp. one in \nwhich original writs were kept by the Chancery. \nbagman. Slang. (1928) A person who collects and dis\ntributes illegally obtained money; esp., an intermediary \nwho collects a bribe for a public officiaL \nbail, n. (I5c) 1. A security such as cash or a bond; esp., \nsecurity required by a court for the release of a prisoner \nwho must appear in court at a future time <bail is set at \n$500>. Cf RECOGNIZANCE. [Cases: Bail \nbail absolute, A fiduciary bond conditioning a surety's \nliability on the failure of an estate administrator, \nexecutor, or guardian to properly account for estate \nfunds. See fiduciary bond under BOND (2). \ncash bail. A sum of money (rather than a surety bond) \nposted to secure a prisoner's release from jaiL Also \ntermed stationhouse bail. [Cases: Bail C;)73.] \ncivil bail. A bond or deposit of money given to secure \nthe release of a person arrested for failing to pay a \ncourt-ordered civil debt. -The bail is conditioned on \nthe payment of the debt. [Cases: Bail \nexcessive bail. (17c) Bail that is unreasonably high con\nSidering both the offense with which the accused is \ncharged and the risk that the accused will not appear 160 \nfor trial. -The Eighth Amendment prohibits exces\nsive bail. [Cases: Bail \nstationhouse bail. See cash bail. \n2. The process by which a person is released from \ncustody either on the undertaking of a surety or on his \nor her own recognizance. 3. Release of a prisoner on \nsecurity for a future court appearance; esp., the delivery \nof a person in custody to a surety <the court refused \nbail for the accused serial killer>. [Cases: Bail C=>39.] \n4. One or more sureties for a criminal defendant <the \nattorney stood as bail for her client>. See BAILER (1). \n\"As a noun, and in its strict sense, bail is the person in \nwhose custody the defendant is placed when released from \njail, and who acts as surety for defendant's later appear\nance in court .... The term is also used to refer to the \nundertaking by the surety, into whose custody defendant is \nplaced, that he will produce defendant in court at a stated \ntime and place.\" 8 c.J,S. Bail  2 (1988). \nbail above. See bail to the action. \nbail below. See bail to the sheriff. \nbail common. Hist. A fictitious surety filed by a defen\ndant in a (usu. minor) civil action. -Also termed \ncommon bail; straw bail. \n\"[Tlhe Common Pleas made a distinction between common \nand special bail, allowing the former, in cases where the \ndefendant voluntarily appeared to the process, or where \nthe damage expressed in it appeared to be but of a trifling \namount, and requiring the latter only, when the plaintiff's \ndemand or the damage he had sustained appeared to be \nsomething conSiderable. In time therefore, in common \ncases, every defendant took the liberty of offering John \nDoe and Richard Roe, for his bail .... \" I George Crompton, \nPractice Common-Placed: Rules and Cases of Practice in \nthe Courts of King's Bench and Common Pleas Ixi (3d ed. \n1787). \nbail to the action. Hist. A surety for a civil defendant \narrested by a mesne process (Le., a process issued \nduring the lawsuit) . If the defendant lost the \nlawsuit, the bail to the action was bound either to \npay the judgment or to surrender the defendant into \ncustody. -Also termed bail above; special bail. Cf. \nbail to the sheriff. \nbail to the sheriff. Hist. A person who pledged to the \nsheriff that a defendant served with process during a \ncivil action would appear on the writ's return day. -\nAlso termed bail below. Cf. bail to the action. \n\"This kind of bail is called bail to the sheriff, because given \nto that officer, and for his security; and bail be/ow, because \nsubordinate or preliminary to bail to the action or speCial \nbail, which is termed bail above.\" 1 Alexander M. Burrill, A \nLaw Dictionary and Glossary 174 (2d ed. 1867). \ncommon bail. See bail common. \ndiscretionary bail. Bail set in an amount that is subject \nto judicial discretion. [Cases: Bail \nspecial bail. See bail to the action. \nstraw bail. See bail common. \nS. Archaic. Legal custody of a detainee or prisoner who \nobtains release by giving surety for a later appearance. \n6. Canadian law. A lease. \nbail-a-rente. A lease in perpetuity. \n\n161 \nbail emphyteotique. A renewable lease for a term of \nyears that the lessee may prolong indefinitely. \nbail, vb. (l6c) 1. To obtain the release of (oneself or \nanother) by providing security for a future appearance \nin court <his parents bailed him out of jail>. [Cases: \nBail C= 39.] 2. To release (a person) after receiving such \nsecurity <the court bailed the prisoner>. [Cases: Bail \nC=39.] 3. To place (personal property) in someone \nelse's charge or trust <bail the goods with the ware\nhouse>. \nbailable, ad). (Of an offense or person) eligible for bail. \nbailable offense. See OPPENSE (1). \nbailable process. See PROCESS. \nbail above. See bail to the action under BAIL (4). \nbail absolute. See BAIL (1). \nbail-a.-rente. See BAIL (6). \nbail below. See bail to the sheriff under BAIL (4). \nbail bond. See BOND (2). \nbail bondsman. See BAILER (1). \nBail Clause. The clause in the Eighth Amendment to \nthe U.S. Constitution prohibiting excessive bail.  This \nclause was derived from similar language in England's \nBill of Rights (1689). \nbail commissioner. 1. An adjudicator or official empow\nered to hold an emergency hearing to set bail when a \nhearing cannot be held during regular court hours . \nA bail commissioner does not review other judge's bail \ndecisions. 2. An officer appOinted to take bail bonds. -\nAlso termed commissioner of bail. [Cases: Bail C=48.] \n3. Hist. A court-appointed officer who made a written \nacknowledgement of bail in civil cases. \nbail common. See BAIL (4). \nBail Court. Hist. An ancillary court of Queen's Bench \nresponsible for ensuring that bail sureties were worth \nthe sums pledged (i.e., hearing justifications) and for \nhandling other procedural matters . The court was \nestablished in 1830 and abolished in 1854. -Also \ntermed Practice Court. \nbail dock. A small compartment in a courtroom used to \nhold a criminal defendant during trial. -Often short\nened to dock. -Also spelled bale dock. See DOCK (3). \nbailee. (16c) A person who receives personal property \nfrom another, and has possession of but not title to \nthe property . A bailee is responsible for keeping \nthe property safe until it is returned to the owner. See \nBAILMENT. [Cases: Bailment \nbailee policy. See INSURANCE POLICY. \nbail emphytiotique. See BAIL (6). \nbail-enforcement agent. See BOUNTY HUNTER. \nbailer. (16c) 1. One who provides bail as a surety for a \ncriminal defendant's release. -Also spelled bailor. \nAlso termed bail bondsman; bailsman. 2. BAILOR (1). \nbailiff. (l4c) 1. A court officer who maintains order \nduring court proceedings . In many courts today, bailiwick \nthe bailiff also acts as crier, among other responsibili\nties. See CRIER. Also termed (in England and Wales) \nusher; (in Scotland) macer. 2. A sheriff's officer who \nexecutes writs and serves processes. [Cases: Sheriffs \nand Constables C::J24.] \nbailiff-errant. Hist. A bailiff appointed by the sheriff to \ndeliver writs and other process within a county. Cf. \nbailiffs of franchises. \nbailiffs offranchises. His!. Bailiffs who executed writs \nand performed other duties in privileged districts that \nwere outside the Crown's (and therefore the sheriffs) \njurisdiction. Cf. bailiffs-errartt. \n\"Bailiffs of Franchises are those who are appointed by every \nLord within his Uberty, to do such Offices therein, as the \nBailiff Erran t does at large in the County.\" Thomas Blount, \nNoma-Lexicon: A Law-Dictionary (1670). \nbailiffs of hun dreds . Hist. Bailiffs appointed by a sheriff \nto collect fines, summon juries, attend court sessions, \nand execute writs and process in the county district \nknown as a hundred. See HUNDRED. \nbailiffs of manors. Hist. Persons appointed to super\nintend the estates of the nobility . These bailiffs col\nlected fines and rents, inspected buildings, and took \naccount of waste, spoils, and misdemeanors in the \nforests and demesne lands. \nbound bailiff. Hist. A deputy sheriff placed under \nbond to ensure the faithful performance of assigned \nduties. Also termed bumbailiff \n\"The sheriff being answerable for the misdemesnors of \nthese bailiffs, they are therefore usually bound in a bond \nfor the due execution of their office, and thence are called \nbound-bailiffs; which the common people have corrupted \ninto a much more homely appellation [Le., bumbailiff].\" 1 \nWilliam Blackstone, Commentaries on the Laws of England \n334 (1765). \nbumbailiff. 1. BrE. S"}
{"text": "aries on the Laws of England \n334 (1765). \nbumbailiff. 1. BrE. Slang. A bailiff of the lowest rank \nwho performs the most menial tasks, such as arrest\ning debtors and serving writs . In British English, \n\"bum\" is slang for a person's buttocks. Some sources \nsuggest that bumbailiffs are so called because they \noften approached debtors from behind before arrest\ning them. 2. See bound bailiff \nhigh bailiff. Hist. A bailiff attached to a county court, \nresponsible for attending court sessions, serving sum\nmonses, and executing orders, warrants, and writs. \nspecial bailiff. Hist. A deputy sheriff appointed at a liti\ngant's request to serve or execute some writ or process \nrelated to the lawsuit. \nbail in error. Security given by a defendant who intends \nto bring a writ of error on a judgment and desires a \nstay of execution in the meantime. See appeal bond, \nsupersedeas bond under BOND (2). \nbailivia. See BAILIWICK. \nbailiwick (bay-l;::l-wik). The office, jurisdiction, or district \nof a bailiff; esp., a bailiffs territorial jurisdiction. -Also \ntermed bailivia; baliva; balliva. Cf. constablewick. \n\"In the early days a village was called a 'wick.' Each village \nhad a bailiff who was its peace officer. His authority was \nlimited to the territory of the wick. A bailiff was popularly \n\nbail-jumping \nreferred to as a 'bailie,' and before long a bailie's wick was \nexpressed as his 'bailiwick.' And in time this word came \nto be used to indicate the special territory over which a \npeace officer exercises his authority as such. Although it \nmay be changed by statute, the normal situation is that \nthe bailiwick of a policeman is his city, the bailiwick of a \nsheriff is his county and the bailiwick of a state officer, \nsuch as a member of the Highway Patrol, is the state.\" \nRollin M. Perkins & Ronald N. Boyce, Criminal Law 1096 \n(3d ed. 1982). \nbail-jumping, n. (1881) The criminal offense of failing \nto appear in court after having been released on bail. \nSee Model Penal Code  242.8. See rUMP BAIL. [Cases: \nBail bail-jumper, n. \nbailment:(16c) 1. A delivery of personal property by one \nperson (the bailor) to another (the bailee) who holds the \nproperty for a certain purpose, usu. under an express \nor implied-in-fact contract. -Unlike a sale or gift of \npersonal property, a bailment involves a change in pos\nsession but not in title. Cf. PAWN. [Cases: Bailment ~ \n1.] \n\"The customary definition of a bailment considers the \ntransaction as arising out of contract. Thus Justice Story \ndefines a bailment as 'a delivery of a thing in trust for some \nspecial object or purpose, and upon a contract express \nor implied, to conform to the object or purpose of the \ntrust' Uoseph Story, Bailments 5 (9th ed. 1878)]. There has, \nhowever, been a vigorous dissent to this insistence on the \ncontractual element in bailments. Professor Williston ... \ndefines bailments broadly 'as the rightful possession of \ngoods by one who is not the owner' [4 Samuel Williston, \nLaw of Contracts 2888 (rev. ed. 1936)] .... It is obvious \nthat the restricted definition of a bailment as a delivery \nof goods on a contract cannot stand the test of the actual \ncases. The broader definition of Professor Williston is pref\nerable.\" Ray Andrews Brown, The Law of Personal Property \n 73, at 252,254 (2d ed. 1955). \n\"Although a bailment is ordinarily created by the agreement \nof the parties, resulting in a consensual delivery and accep\ntance of the property, such a relationship may also result \nfrom the actions and conduct of the parties in dealing \nwith the property in question. A bailment relationship \ncan be implied by law whenever the personal property of \none person is acquired by another and held under circum\nstances in which principles of justice require the recipient \nto keep the property safely and return it to the owner.\" SA \nAm. Jur. 2d Bailment  1 (1997). \nactual bailment. (1821) A bailment that arises from \nan actual or constructive delivery of property to the \nbailee. \nbailment for hire. A bailment for which the bailee is \ncompensated, as when one leaves a car with a parking \nattendant. Also termed lucrative bailment. Cf. \nbailment for mutual benefit. \nbailment for mutual benefit. (1868) A bailment for \nwhich the bailee is compensated and from which the \nbailor receives some additional benefit, as when one \nleaves a car with a parking attendant who will also \nwash the car while it is parked. Cf. bailment for hire. \nbailment for sale. A bailment in which the bailee agrees \nto sell the goods on behalf of the bailor; a consign-\nment. [Cases: Bailment Sales ~457.1 \nbailment for sole benefit of bailor. See gratuitous \nbailment. 162 \nconstructive bailment. (1843) A bailment that arises \nwhen the law imposes an obligation on a possessor \nof personal property to return the property to its \nrightful owner, as with an involuntary bailment. Cf. \ninvoluntary bailment. \ngratuitous bailment. (1811) A bailment for which the \nbailee receives no compensation, as when one borrows \na friend's car. _ A gratuitous bailee is liable for loss of \nthe property only if the loss is caused by the bailee's \ngross negligence. Also termed naked bailment; \ndepositum; naked deposit; gratuitous deposit; deposit; \nbailment for sole benefit of bailor. \ninvoluntary bailment. (1840) A bailment that arises \nwhen a person accidentally, but without any negli\ngence, leaves personal property in another's posses\nsion. _ An involuntary bailee who refuses to return \nthe property to the owner may be liable for conver\nsion. Also termed involuntary deposit. See aban\ndoned property, lost property, mislaid property under \nPROPERTY. Cf. constructive bailment. \nlucrative bailment. See bailment for hire. \nnaked bailment. See gratuitous bailment. \n2. The personal property delivered by the bailor to the \nbailee. [Cases: Bailment ~4.13. The contract or legal \nrelation resulting from such a delivery. [Cases: Bailment \n4. The act of posting bail for a criminal defen\ndant. 5. The documentation for the posting of bail for \na criminal defendant. \nbailor (bay-lor or bay-lilr). (17c) 1. A person who delivers \npersonal property to another as a bailment. Also \nspelled bailer. 2. BAILER (1). \nbailout, n. 1. A rescue of an entity, usu. a corporation \nor an industry, from financial trouble. 2. An attempt \nby a business to receive favorable tax treatment of its \nprofits, as by withdrawing profits at capital-gain rates \nrather than distributing stock dividends that would be \ntaxed at higher ordinary-income rates. [Cases: Internal \nRevenue~37501 \nbailout stock. See STOCK. \nbailpiece. 1. Hist. A document recording the nature of \nthe bail granted to a defendant in a civil action; specif., \na surety issued to attest the act of offering bail 2. More \nmodernly, a warrant issued to a surety upon which the \nsurety may arrest the person bailed by him. -The bail\npiece was filed with the court and usu. was Signed by the \ndefendant's sureties. See BAIL (2); RECOGNIZANCE. \nSometimes written bail piece. Cf. EXONERETUR. \nbail-point scale. A system for determining a criminal \ndefendant's eligibility for bail, whereby the defendant \neither will be released on personal recognizance or will \nhave a bail amount set according to the total number \nof points given, based on the defendant's background \nand behavior. \nbail revocation. (1950) The court's cancellation of bail \npreviously granted to a criminal defendant. [Cases: Bail \n~73.LJ \nbailsman. See BAILER (1). \n\n163 \nbail to the action. See BAIL (4). \nbail to the sheriff. See BAIL (4). \nbairn's part. See LEGITIM. \nbait advertising. See BAIT AND SWITCH. \nbait and switch. (1967) 1. A sales practice whereby a \nmerchant advertises a low-priced product to lure cus\ntomers into the store only to induce them to buy a \nhigher-priced product.  Most states prohibit the bait \nand switch when the original product is not actually \navailable as advertised. Cf. LOSS LEADER. Also \ntermed bait advertising. [Cases: Antitrust and Trade \nRegulation 163, 477.] 2. The unethical practice \nof offering im attractive rate or premium to induce a \nperson to apply for a loan or contract, with approval \ncontingent on some condition, and then telling the \nperson that the offered rate is not available but that a \nhigher one can be substituted. [Cases: Antitrust and \nTrade Regulation 477.] \nBaker v. Selden doctrine. See MERGER DOCTRINE (1). \nbalance, vb. (16c) 1. To compute the difference between \nthe debits and credits of (an account) <the accoun\ntant balanced the company's books>. 2. To equalize \nin number, force, or effect; to bring into proportion \n<the company tried to balance the ratio of mid-level \nmanagers to assembly-line workers>. 3. To measure \ncompeting interests and offset them appropriately \n<the judge balanced the equities before granting the \nmotion>. -balance, n. \nbalance billing. A healthcare provider's practice of \nrequiring a patient or other responsible party to pay any \ncharges remaining after insurance and other payments \nand allowances have been applied to the total amount \ndue for the provider's services. \nbalanced budget. See BUDGET. \nbalanced economy. See ECONOMY. \nbalanced fund. See MUTUAL FUND. \nbalance of convenience. A balancing test that courts \nuse to decide whether to issue a preliminary injunc\ntion stopping the defendant's allegedly infringing or \nunfair practices, weighing the benefit to the plaintiff \nand the public against the burden on the defendant. -\nAlso termed balance of hardship. [Cases: Injunction \n(;=c 138.15.] \nbalance of power. Int' llaw. A relative equality of force \nbetween countries or groups of countries, as a result of \nwhich peace is encouraged because no country or group \nis in a position to predominate. \nbalance of probability. See PREPONDERANCE OF THE \nEVIDENCE. \nbalance of sentence suspended. (1942) A sentencing dis\nposition in which a criminal defendant is sentenced to \njail but is credited with the time already served before \nsentencing, resulting in a suspension of the remaining \nsentence and release of the defendant from custody. Cf. \nSENTENCED TO TIME SERVED. [Cases: Sentencing and \nPunishment 1158.] ballot \nbalance sheet. (18c) A statement of an entity's current \nfinancial position, disclosing the value of the entity's \nassets, liabilities, and owners' equity. Also termed \nstatement of financial condition; statement of condi\ntion; statement of financial position. Cf. INCOME STATE\nMENT. \nbalance-sheet insolvency. See INSOLVENCY. \nbalance-sheet test. See balance-sheet insolvency under \nINSOLVENCY. \nbalancing test. (1951) A judicial doctrine, used esp. in \nconstitutional law, whereby a court measures com\npeting interests as between individual rights and \ngovernmental powers, or between state authority and \nfederal supremacy -and decides which interest should \nprevail. \nbale. A package of goods wrapped in cloth and marked \nso as to be identifiable on a bill oflading. \nbaliva. See BAILIWICK. \nballistics. (18c) 1. The science of the motion of projec\ntiles, such as bullets. 2. The study of a weapon's firing \ncharacteristics, esp. as used in criminal cases to deter\nmine a gun's firing capacity and whether a particular \ngun fired a given bullet. \nballiva. See BAILIWICK. \nballivo amovendo (bCl-h-voh ay-moh-ven-doh). [Latin \n\"a bailiff to be removed\"] Hist. A writ to remove from \noffice a bailiff who does not have sufficient land in the \nbailiwick as required by the Statute of Westminster \n(1285). \nballoon loan. See LOAN. \nballoon note. See NOTE (1). \nballoon payment. See PAYMENT. \nballoon-payment mortgage. See MORTGAGE. \nballot, n. 1. An instrument, such as a paper or ball, used \nfor casting a vote. [Cases: Elections C=:, 126(5),215.] 2. \nThe system of choosing officers by a recorded vote, such \nas by marking a paper. \nabsentee ballot. A ballot that a voter submits, some\ntimes by mail, before an election. Also termed \nabsentee vote. See absentee voting under VO'I'lNG. \n[Cases: Elections (;=c 126(6),216.1.1 \nbullet ballot. See bullet vote under VOTE (1). \nbutterfly ballot. A punchcard ballot that opens like a \nbook and usu. has arrows pointing to the punchhole \nbeside a candidate's name . The butterfly ballots \nused in Florida during the 2000 presidential elections \nproduced widespread controversy because the layout \nof the candidates' names on the ballots allegedly \nconfused voters and caused them to cast votes mis\ntakenly for candidates they did not support. [Cases"}
{"text": "the ballots allegedly \nconfused voters and caused them to cast votes mis\ntakenly for candidates they did not support. [Cases: \nElections \nexhausted ballot. See exhausted vote under VOTE (1). \njoint ballot. A vote by legislators of both houses sitting \ntogether as one body. \n\nballot box \npreferential ballot. See preferential vote under VOTE \n(1). \nsecret ballot. A vote cast in such a way that the person \nvoting cannot be identified. Cf Australian ballot. \n[Cases: Elections 126(6),215.] \n'The secret ballot, when used to protect citizens when \nchoosing their representatives, is a hallmark of a demo\ncratic system of government; but, when it is used to conceal \na public official's vote, it violates the fundamental tenet of \nan elected or appointed official's ultimate accountability to \nthe electorate,\" Op. Tex. Att'y Gen. H-1l63 (1978). \nspoiled ballot. A ballot reflecting a vote that cannot be \ncounted because it was cast in a form or manner that \ndoes not comply with the applicable rules. See illegal \nvote under VOTE (1). [Cases: Elections ~ 186(4).] \n3. A vote in a series of votes that is not conclusive \nuntil one candidate attains the necessary majority or \nsupermajority <the candidate was nominated on the \n21st ballot>. 4. A list of candidates running for office \n<four candidates are on the ballot>. ballot, vb. \nAustralian ballot. A uniform ballot printed by the gov-\nernment, listing all eligible candidates, and marked in \nsecret . Before Australian ballots became standard, \ncandidates often printed their own ballots with only \ntheir name, and watchers at polling places could see \nwhose ballot a voter was casting. Loosely termed \nsecret ballot. [Cases: Elections C~:> 126(5), 164.) \nMassachusetts ballot. A ballot in which, under each \noffice, the candidates' names appear in alphabetical \norder alongside their party designations . This is a \ntype of Australian ballot. \noffice-block ballot. A ballot that lists the candidates' \nnames under the title of the office sought without \nmentioning the candidates' party affiliations. [Cases: \nElections (;:::::c 126(5), 168(1), 173.] \nparty-column ballot. A ballot that lists the candidates' \nnames in separate columns by political party regard\nless of the offices sought by the candidates. [Cases: \nElections 168(1),173.] \nTexas ballot. A ballot that the voter marks for the can\ndidates that he or she does not want elected . The \nTexas ballot is particularly useful when the number \nof candidates only slightly exceeds a large number of \nrepresentatives being elected. [Cases: Elections ~ \n180(1).] \nballot box. A locked box into which ballots are depos\nited. \nBamako Convention on the Ban of the Import into \nAfrica and the Control of Transboundary Movement \nof Hazardous Wastes Within Africa. A 1991 treaty \nprohibiting the importation of hazardous wastes into \nAfrica and restricting the transfer of wastes among \nAfrican nations . The treaty's objectives are to protect \nhuman health and the environment from the dangers \nposed by hazardous wastes by banning their importa\ntion, banning the dumping of waste in seas and internal \nwaters, and reducing waste generation. Only a nation \nthat is a member of the Organization of African Unity 164 \n(OAU) can become a party to the Bamako Conven\ntion. Often shortened to Bamako Convention. \nban, n. 1. Hist. A public proclamation or summons . \nBans dealt with a variety of matters, such as the calling \nto arms of a lord's vassals or the proclamation that an \noffender was henceforth to be considered an outlaw. 2. \nEccles. law. An authoritative ecclesiastical prohibition; \nan interdict or excommunication. 3. BANNS OF MATRI\nMONY. -Also spelled bann. \nban, vb. To prohibit, esp. by legal means. \nbanality (b<l-nal-i-tee), n. Hist. Fr. Can. law. A lord's \nright to make his vassals use his own wine press, oven, \nmill, etc. \nbane (bangk or bongk). [French) A bench; esp., the \nbench on which one or more judges sit. -Also spelled \nbank. Also termed bancus. See EN BANC. \nbanco (bang-koh). 1. A seat or bench of justice. See \nEN BANC. 2. A tract ofland cut offby the shifting of a \nriver's course; esp., land that has become cut offin such \na manner from the country it originally belonged to. \nSee AVULSION (2). \nbancus (bang-k<ls). [Law Latin \"bench\"] Hist. English \nlaw. A court or tribunal. \nbancus reginae (bang-k<ls r<l-jI-nee). See QUEEN'S \nBENCH. \nbancus regis (bang-bs ree-j<ls). See KING'S BENCH. \nbancus superior (bang-bs s<>-peer-ee-<lr). Upper \nbench . The King's Bench was so called during the \nProtectorate (1653-1659). -Abbr. b.s. -Also termed \nbancus publicus (\"public bench\"). \nBand E. abbr. Breaking and entering. See BURGLARY \n(2). \nbands. Two strips of white cloth suspended from the \nfront of a clerical-style collar, worn by advocates when \nappearing in the courts of the United Kingdom. \nbane. Hist. A malefactor or murderer; a person whose \ncriminal act calls for the raising of the hue and cry. \nbanish, vb. See EXILE. \nbank. (ISc) 1. A financial establishment for the deposit, \nloan, exchange, or issue of money and for the transmis\nsion of funds; esp., a member of the Federal Reserve \nSystem . Under securities law, a bank includes any \nfinancial institution, whether or not incorporated, \ndoing business under federal or state law, if a sub\nstantial portion of the institution's business consists \nof receiving deposits or exercising fiduciary powers \nsimilar to those permitted to national banks and if the \ninstitution is supervised and examined by a state or \nfederal banking authority; or a receiver, conservator, or \nother liquidating agent of any of the above institutions. \n15 USC A  78c(a)(6). [Cases: Banks and Banking C=: 2, \n232,289,359.]2. The office in which such an establish\nment conducts transactions. \n\"A bank is a quasi public institution, for the custody and \nloan of money, the exchange and transmission of the \nsame by means of bills and drafts, and the issuance of \nits own promissory notes, payable to bearer. as currency, \n\n165 \nor for the exercise of one or more of these functions, not \nalways necessarily chartered, but sometimes so, created \nto subserve public ends, or a financial institution regulated \nby law .... A bank is wholly a creature of statute doing \nbusiness by legislative grace and the right to carryon a \nbanking business through the agency of a corporation is \na 'franchise' which is dependent on a grant of corporate \npowers by the state.\" 1A Michie on Banks and Banking  \n2, at 5-6 (1993). \nbank for cooperatives. A bank within a system of banks \nestablished to provide a permanent source of credit \nto farmers' cooperatives and supervised by the Farm \nCredit Administration. [Cases: Banks and Banking \n<:::='401-409.] \ncollecting bimk. (1834) In the check-collection process, \nany bank handling an item for collection, except for \nthe payor bank. UCC  4-105(5). [Cases: Banks and \nBanking C=>156-163.] \ncommercial bank. (18c) A bank authorized to receive \nboth demand and time deposits, to make loans, to \nengage in trust services, to issue letters of credit, \nto rent time-deposit boxes, and to provide similar \nservices. \ncorrespondent bank. A bank that acts as an agent for \nanother bank, or engages in an exchange of services \nwith that bank, in a geographical area to which the \nother bank does not have direct access. \ncustodian bank. A bank or trust company that acts as \ncustodian for a clearing corporation and that is super\nvised and audited by a state or federal authority. \ndepositary bank. (1848) The first bank to which an item \nis transferred for collection. UCC  4-105(2). [Cases: \nBanks and Banking <:::=' 120, 121, 137, 158.] \ndrawee bank. See payor bank. \nFederal Home Loan Bank. See FEDERAL HOME LOAN \nBANK. \nfederal intermediate credit bank. One of a system of \ntwelve regional banks created in 1923 to discount obli\ngations of agricultural credit corporations and similar \ninstitutions making short-term loans to farmers and \nranchers . The system is now merged with federal \nland banks to create the federal farm-credit system. \n[Cases: United States <:::='53(7).] \nfederal land bank. See FEDERAL LAND BANK. \nintermediary bank. (1896) A bank to which an item is \ntransferred in the course of collection, even though \nthe bank is not the depositary or payor bank. UCC \n 4-105(4). \ninvestment bank. A bank whose primary purpose is \nto acquire financing for businesses, esp. through the \nsale of securities . An investment bank does not \naccept deposits and, apart from selling securities, \ndoes not deal with the public at large. See INVEST\nMENT BANKER. [Cases: Brokers C=>2.] \nmember bank. A bank that is a member of the Federal \nReserve System. -Also termed reserve bank. See \nFEDERAL RESERVE SYSTEM. [Cases: Banks and \nBanking <:::='359.] bank \nmutual savings bank. A bank that has no capital stock \nand in which the depositors are the owners. See SAV\nINGS-AND-LOAN ASSOCIATION. [Cases: Banks and \nBanking <:::='289; Building and Loan Associations \n<:::=' 1.] \nnational bank. A bank incorporated under federal law \nand governed by a charter approved by the Comptrol\nler of the Currency.  A national bank must use the \nterm \"national,\" \"national bank,\" or \"national associa\ntion\" as part of its name. [Cases: Banks and Banking \n<:::='232,238.] \nnegotiating bank. A financial institution that discounts \nor purchases drafts drawn under a letter of credit \nissued by another bank. [Cases: Banks and Banking \n<:::=' 191.] \nnonbank bank. A financial institution that either \naccepts demand deposits or makes commercial loans, \nbut, unlike traditional banks, does not do both at the \nsame time and therefore can avoid federal regula\ntions on bank ownership . Nonbank banks were \nesp. prolific in the 1980s, but amendments to the \ndefinition of a bank under federal law have essentially \nclosed this loophole. \nnonmember bank. A bank that is not a member of \nthe Federal Reserve System. See FEDERAL RESERVE \nSYSTEM. \npayor bank. (1911) A bank that is asked to pay the \namount of a negotiable instrument and, on the bank's \nacceptance, is obliged to pay that amount; a bank by \nwhich an item is payable as drawn or accepted . \nBecause the bank is the drawee of a draft, it is also \ntermed a drawee bank. UCC  4-105(3). [Cases: Banks \nand Banking <:::=' 137, 158.] \npresenting bank. (1862) A nonpayor bank that presents \na negotiable instrument for payment. UCC  4-105(6). \n[Cases: Banks and Banking <:::=' 158.] \nprivate bank. An unincorporated banking institution \nowned by an individual or a partnership and, depend\ning on state statutes, mayor may not be subject to \nstate regulation. \nremitting bank. A payor or intermediary bank that \npays or transfers an item. \nreserve bank. See member bank. \nrespondent bank. A bank, association, or other entity \nthat exercises fiduciary powers, that holds securities \non behalf of beneficial owners, and that deposits the \nsecurities for safekeeping with another bank, associa\ntion, or other entity exercising fiduciary powers. SEC \nRule 14a-1(k) (17 CFR  240.14a-1(k)). \nsavings-and-loan bank. See SAVINGS-AND-LOAN ASSO\nCIATION. \nsavings bank. (1817) A bank that makes primarily \nhome mortgage and some other consumer loans, \nreceives deposits and pays interest on them, and may \noffer checking accounts . Historically, savings banks \ndid not provide any checking services. [Cases: Banks \nand Banking <:::='289.] \n\nstate bank. A bank chartered by a state and super\nvised by the state banking department. .A state bank \nmust have FDIC insurance on deposits but need not \nbecome a member of the Federal Reserve System to \nobtain the insurance. A state bank that is a member of \nthe Federal Reserve is regulated by the state banking \ndepartment and by the Federal Reserve. Nonmember \nstate banks are regulated by both the state banking \ndepartment and the FDIC. [Cases: Banks and Banking \n~2-6.] \nbank, vb. (l8c) 1. To keep money at <he banks at the \ndowntown branch>. 2. To deposit (funds) in a bank \n<she banked the prize money yesterday>. 3. Slang. To \nlend money to facilitate (a transaction) <who banked \nthe deal?> . The lender's consideration usu. consists \nof a fee or an interest in the property involved in the \ntransaction. \nbankable paper. See PAPER. \nbank acceptance. See banker's acceptance under ACCEP-\nTANCE (4). \nbank account. See ACCOUNT. \nbank-account trust. See Totten trust under TRUST. \nbank bill. See BANKNOTE. \nbankbook. See PASSBOOK. \nbank charter. See CHARTER (3). \nbank credit. See CRED"}
{"text": "\nbankbook. See PASSBOOK. \nbank charter. See CHARTER (3). \nbank credit. See CREDIT (4). \nbank discount. The interest that a bank deducts in \nadvance on a note. See DISCOUNT (2). \nbank draft. See DRAFT. \nbanker. A person who engages in the business of \nbanking. \nbankerout, adj. Archaic. Indebted beyond the means of \npayment; bankrupt. -Also spelled bankrout. \nbanker's acceptance. See ACCEPTANCE (4). \nbanker's bill. See finance bill under BILL (6). \nbanker's lien. See LIEN. \nbanker's note. See NOTE (1). \nbank examiner. A federal or state official who audits \nbanks with respect to their financial condition, man\nagement, and policies. -Sometimes shortened to \nexaminer. [Cases: Banks and Banking ~ 17.] \nbank for cooperatives. See BANK. \nbank fraud. See FRAUD. \nbank holding company. A company that owns or \ncontrols one or more banks . Ownership or control \nof 25 percent is usu. enough for this purpose. -Abbr. \nBHC. [Cases: Banks and Banking ~521-528.] \nbanking. The business carried on by or with a bank. \nBanking Act of 1933. See GLASS-STEAGALL ACT. \nbanking day. (l8c) 1. Banking hours on a day when a \nbank is open to the public for carrying on substantially \nall its banking functions . Typically, if the bookkeep\ning and loan departments are closed by a certain hour, the remainder of that day is not part of that bank's \nbanking day. 2. A day on which banks are open for \nbanking business. \n\"'Banking day' is defined in [UCC ] 4-104(l)(c) [now \n4-1 04(a)(3)]. The definition was designed to exclude from \nthe 'banking day' all bank holidays (although some states \nadded specifics on holidays) as well as the portions of a day \non which one or more of the substantial departments of the \nbank closed off their services to the public, even though \nit remained open for accepting deposits and withdrawing \nfunds as well as continuously processing items for payment \nor for dispatch. Clearly, when night depositaries came \ninto vogue, their existence did not extend the 'banking \nday.' The present existence and growing use of so-called \n24-hour teller machines also does not extend the banking \nday. The nature of the banking day is sufficiently tenuous \nthat banks would do well to fix a definite cutoff hour under \nsubsection 4-107(1).\" William D. Hawkland, Uniform Com\nmercial Code Series  4-104:01, at 4-43 (1984). \nbanking game. A gambling arrangement in which the \nhouse (Le., the bank) accepts bets from all players and \nthen pays out winning bets and takes other bettors' \nlosses. [Cases: Gaming ~6, 68(0.5).] \nbank night. A lottery in which a prize is awarded to a \nperson (often a theater patron) whose name is drawn \nrandomly from a hopper. [Cases: Lotteries ~3.] \nbanknote. A bank-issued promissory note that is \npayable to bearer on demand and that may circulate as \nmoney. -Also written bank note. -Also termed bank \nbill. [Cases: Banks and Banking ~ 196-212.] \nspurious banknote. 1. A banknote that is legitimately \nmade from a genuine plate but that has forged sig\nnatures of the issuing officers, or the names of ficti\ntious officers. 2. A banknote that is not a legitimate \nimpression from a genuine plate, or is made from a \ncounterfeit plate, but that is signed by the persons \nshown on it as the issuing officers. -Also termed \nspurious bank bill. \nbank rate. See INTEREST RATE. \nbankrout. See BANKEROUT. \nBankr. Rep. abbr. Bankruptcy Reporter. -Also abbre\nviated B.R. \nbankrupt, adj. Indebted beyond the means of payment; \ninsolvent. -Also spelled (archaically) bankerout; \nbankrout. -bankrupt, vb. \nbankrupt, n. (16c) 1. A person who cannot meet current \nfinancial obligations; an insolvent person . This term \nwas used in bankruptcy statutes until 1979, and is still \ncommonly used by nonbankruptcy courts. But the \nBankruptcy Code uses debtor instead of bankrupt. 2. \nDEBTOR (2). \ncessionary bankrupt. Archaic. A person who forfeits all \nproperty so that it may be divided among creditors. \n For the modern near-equivalent, see CHAPTER 7. \n[Cases: Bankruptcy ~2221.] \nbankruptcy. (l8c) 1. A statutory procedure by which \na (usu. insolvent) debtor obtains financial relief and \nundergoes a judicially supervised reorganization or liq\nuidation of the debtor's assets for the benefit of credi\ntors; a case under the Bankruptcy Code (Title 11 of the \n\n167 \nUnited States Code) . For various types of bankruptcy \nunder federal law, see the entries at CHAPTER. -Also \ntermed bankruptcy proceeding; bankruptcy case. [Cases: \nBankruptcy ~200l.1 \n\"There are two general forms of bankruptcy: (1) liquidation \nand (2) rehabilitation. Chapter 7 of the Code is entitled \n'Liquidation.' The terms 'straight bankruptcy' and 'bank\nruptcy' often are used to describe liquidation cases under \nthe bankruptcy laws because the vast majority of bank\nruptcy cases are liquidation cases. In a typical Chapter \n7 liquidation case, the trustee collects the nonexempt \nproperty of the debtor, converts that property to cash, \nand distributes the cash to the creditors. The debtor gives \nup all the nonexempt property she owns at the time of \nthe filing of the bankruptcy petition and hopes to obtain \na discharge. Chapters 11, 12, and 13 of the Bankruptcy \nCode contemplate debtor rehabilitation. In a rehabilitation \ncase, creditors look to future earnings of the debtor, not \nto the property of the debtor at the time of the initiation \nof the bankruptcy proceeding, to satisfy their claims. The \ndebtor generally retains its assets and makes payments to \ncreditors, usually from postpetition earnings, pursuant to \na court-approved plan.\" David G. Epstein et aI., Bankruptcy \n 1-5, at 8-9 (1993). \nfamily-farmer bankruptcy. See CHAPTER 12 (2). \nfarmer bankruptcy. See CHAPTER 12 (2). \ninvoluntary bankruptcy. (1842) A bankruptcy case \ncommenced by the debtor's creditors (usu. three or \nmore), or, if the debtor is a partnership, by fewer than \nall the general partners. 11 USCA  303(b). -Also \ntermed involuntary proceeding. [Cases: Bankruptcy \n~2281.1 \nliquidation bankruptcy. See CHAPTER 7 (2). \nmalicious bankruptcy. An abuse of process by which \na person wrongfully petitions to have another person \nadjudicated a bankrupt or to have a company wound \nup as insolvent. [Cases: Bankruptcy~2187.1 \nstraight bankruptcy. See CHAPTER 7 (2). \nvoluntary bankruptcy. (18c) A bankruptcy case com\nmenced by the debtor. 11 USCA  301. [Cases: Bank\nruptcy ~2251.1 \n2. The field oflaw dealing with the rights of debtors who \nare financially unable to pay their debts and the rights \nof their creditors. -Also termed bankruptcy law. 3. The \nstatus of a party who has declared bankruptcy under \na bankruptcy statute. -Also termed statutory insol\nvency. 4. Informally, the fact of being financially unable \nto pay one's debts and obligations as they become due; \ninsolvency . The roots of bankruptcy are the Latin \nbancus (table) and ruptus (broken). The English word \nbankruptcy derives from the Italian banca rotta, refer\nring to the medieval Italian custom of breaking the \ncounter of a financially failed merchant. -Also termed \n(in sense 4) failure to meet obligations. \nBankruptcy Act. The Bankruptcy Act of 1898, which \ngoverned bankruptcy cases filed before October 1, \n1979. \nbankruptcy case. A proceeding commenced by filing a \nvoluntary or involuntary petition under a bankruptcy \nstatute. See BANKRUPTCY (1). \nbankruptcy clause. See IPSO FACTO CLAUSE. Bank Secrecy Act \nBankruptcy Code. Title I of the Bankruptcy Reform Act \nof 1978 (as amended and codified in 11 USCA), which \ngoverns bankruptcy cases filed on or after October 1. \n1979. [Cases: Bankruptcy ~2011.1 \nBankruptcy Court. A U.S. district court subunit com\nprising the bankruptcy judges within the district and \nexclusively concerned with administering bankruptcy \nproceedings. [Cases: Bankruptcy ~2121, 2123.] \nbankruptcy crime. A crime committed in connection \nwith a bankruptcy case, such as a trustee's embez\nzling from the debtor's estate. 18 USCA  152-57. See \nbankruptcy fraud under FRAUD. [Cases: Bankruptcy \n~3861.] \nbankruptcy estate. A debtor's legal and equitable inter\nests in property at the beginning of a bankruptcy case \nwhere the property is subject to administration. See 11 \nUSCA  541. [Cases: Bankruptcy~2491-2559.1 \nbankruptcy fraud. See FRAUD. \nbankruptcy judge. See JUDGE. \nbankruptcy law. 1. INSOLVENCY LAW. 2. Traditionally, a \nstatute that provides some relief and protection to an \ninsolvent debtor or to the debtor's creditors. Cf. INSOL\nVENCY LAW. 3. BANKRUPTCY (2). \nbankruptcy petition. See voluntary petition under \nPETITION. \nbankruptcy plan. (1944) A detailed program of action \nformulated by a debtor or its creditors to govern the \ndebtor's rehabilitation, continued operation or liqui\ndation, and payment of debts . The bankruptcy court \nmust approve the plan before it is implemented. -\nOften shortened to plan. -Also termed plan of reor\nganization (for Chapter 11); plan of rehabilitation (for \nChapter 13). See ARRANGEMENT WITH CREDITORS. \n[Cases: Bankruptcy~3531-3570, 3704.] \nbankruptcy proceeding. (1828) 1. BANKRUPTCY (1). 2. \nAny judicial or procedural action (such as a hearing) \nrelated to a bankruptcy. [Cases: Bankruptcy ~ \n2156.] \nbankruptcy-remote entity. A business entity formed in \na manner designed to minimize the risk of becoming \na debtor in a bankruptcy case . The entity's organi\nzational charter usu. requires at least one independent \ndirector to be appointed, as well as a unanimous vote by \nthe entity's directors, before a bankruptcy petition may \nbe filed. The business is usu. a special-purpose entity \nestablished to perform limited functions, such as to \npurchase and hold accounts receivable or other finan\ncial assets that generate revenue. It also has only one or \na few primary creditors, to reduce the likelihood of an \ninvoluntary bankruptcy. A bankruptcy-remote entity \nwill sometimes issue securities instead of receiving a \nloan from a financial institution. See SINGLE-PURPOSE \nPROJECT; SPECIAL-PURPOSE ENTITY; project financing \nunder FINANCING. \nbankruptcy trustee. See TRUSTEE (2). \nBank Secrecy Act. A federal statute that requires banks \nand other financial institutions to maintain records of \n\ncustomers' transactions and to report certain domestic \nand foreign transactions . This act, passed by Congress \nin 1970, is designed to help the federal government in \ncriminal, tax, and other regulatory investigations. 12 \nUSCA  lS29b; 31 USCA  5311. [Cases: Banks and \nBanking C=> 16; United States C=>34.] \nbank statement. See STATEMENT OF ACCOUNT (1). \nbank-statement rule. (1974) Commercial law. The prin\nciple that if a bank customer fails to examine a bank \nstatement and any items returned with it, and report \nto the bank within a reasonable time any unauthorized \npayments because of a material alteration or forgery, \nthe customer may be precluded from complaining \nabout the alteration or forgery. UCC  4-406. [Cases: \nBanks and Banking C=> 14S(3, 4), 174.] \nbann, n. [Law Latin] 1. BAN. 2. Hist. The power of a court \nto issue an edict, esp. one relating to the public peace. 3. \nHist. The edict itself. -Also termed bannum. \n\"An essential attribute of judicial power in the later periods \nis the bann, the right to command and forbid. Etymologi\ncally, bann comes from a root signifying loud speech. It \nmay have meant at first the order issued by the leader \nin war; later an administrative command or ordinance. \nHence it covers the official proclamation of peace in the \ncourt, and then it comes to mean the peace itself. In the \nolder Frank sources, bann appears in the Latin as sumo, \nand sumo regis is the king's peace. Extra sermonem regis \nponere means to put out of the peace. Another Latin or \nrather Latinized German word is forisbannire, from which \ncomes our word 'banish.'\" Munroe Smith, The Development \nof European Law 35 (1928). \nbannitio (bd-nish-ee-oh or ba-). [Law Latin] Hist. Expul\nsion by a ban or public proclamation; banishment. See \nEXILE; BAN (1). \nbannitus (ban-d-tds). [Law Latin] Hist. A person under \na ban; an outlaw. See BAN (1). \nbanns of matrimony. Family law. Public notice of an \nint"}
{"text": "ban; an outlaw. See BAN (1). \nbanns of matrimony. Family law. Public notice of an \nintended marriage . The notice is given to ensure that \nobjections to the marriage would be voiced before the \nwedding. Banns are still common in many churches. -\nAlso spelled bans of matrimony. -Also termed banns \nof marriage. [Cases: Marriage C=>24.] \n\"A minister is not obliged to publish banns of matrimony \nunless the persons to be married deliver to him, at least \nseven days before the intended first publication, a notice \nin writing stating the Christian name and surname and the \nplace of residence of each of them and the period during \nwhich each has resided there .... Banns are to be published \nin an audible manner and in the form of words prescribed \nby the rubric prefixed to the office of matrimony in the \nBook of Common Prayer on three Sundays preceding the \nsolemnisation of marriage during morning service or, if \nthere be no morning service on a Sunday on which they \nare to be published, during evening service.\" Mark Hill, \nEcclesiastical Law 136 (2d ed. 2001) (dealing with practice \nin the Church of England). \nbannum. See BANN. \nbar, n. (14c) 1. In a courtroom, the railing that separates \nthe front area, where court business is conducted, from \nthe back area, which provides seats for observers; by \nextension, a similar railing in a legislative assembly \n<the spectator stood behind the bar>. 2. The whole \nbody oflawyers qualified to practice in a given court or jurisdiction; the legal profession, or an organized subset \nof it <the attorney's outrageous misconduct disgraced \nthe bar>. See BAR ASSOCIATION. [Cases: Attorney and \nClient C=>31.] \nintegrated bar. A bar association in which membership \nis a statutory requirement for practicing law; a usu. \nstatewide organization oflawyers in which member\nship is compulsory in order for a lawyer to have a law \nlicense. -Also termed unified bar. \nspecialty bar. A voluntary bar association for lawyers \nwith special interests, specific backgrounds, or \ncommon practices. \nvoluntary bar. A bar association that lawyers need not \njoin to practice law. \n3. A particular court or system of courts <case at bar>. \n Originally, case at bar referred to an important case \ntried \"at bar\" at the Royal Courts ofJustice in London. \n4. BAR EXAMINATION <Pendarvis passed the bar>. 5. A \nbarrier to or the destruction of a legal action or claim; \nthe effect of a judgment for the defendant <a bar to \nany new lawsuit>. Cf. MERGER (6). 6. A plea arresting a \nlawsuit or legal claim <the defendant filed a bar>. See \nPLEA IN BAR. [Cases: Pleading C=> lOS, 109.] 7. Patents. \nStatutory preclusion from patentability, based on pub\nlication, use, sale, or other anticipatory activity that \noccurred before an invention's critical date and thereby \nnegated the invention's novelty . Under  102 of the \nPatent Act, a person is not entitled to a patent if (1) \nbefore the date of invention, the same invention was \npublicly known or used by others in this country or was \npatented or described in a printed publication anywhere \nin the world; (2) more than one year before the U.S. \nfiling date, the invention was patented or described in \na printed publication anywhere in the world or was in \npublic use, on sale, or offered for sale in the U.S.; (3) \nthe invention has been abandoned by the applicant; \n(4) the invention was first patented by the applicant \nor its representatives in a foreign country before the \nU.S. filing date, and the foreign application was filed \nmore than 12 months before the U.S. filing; (5) before \nthe date of invention, the invention was described in a \npatent granted on an application filed by someone else \nin the U.S.; (6) the inventor did not invent the subject \nmatter of the application; or (7) the invention was pre\nviously made in this country by someone else who has \nnot abandoned, suppressed, or concealed it. -Also \ntermed statutory bar. [Cases: Patents c=>so.]8. Trade\nmarks. Statutory preclusion of certain marks from \nlisting on the Principal Register.  Under 15 USCA \n 1052, a mark is not entitled to registration if: (1) it \nconsists of immoral, deceptive, or scandalous matter; \n(2) it falsely suggests a connection with, or brings into \ncontempt or disrepute, a living or dead person, an insti\ntution, a belief, or a nation's symbols; (3) it depicts or \nsimulates the flag, coat of arms, or other insignia of \nthe U.S., a state, a municipality, or a foreign nation; \n(4) it consists of a geographic designation that, when \nused on wines or spirits, designates a place other than \nthe goods' actual origin; (5) it consists of the name, \n\n169 \nsignature, or portrait of a living person who has not \nconsented to registration; (6) it is likely to deceive or \nto cause confusion or mistake because when applied to \nspecific goods and services it resembles someone else's \nunabandoned mark registered in the u.s. Patent and \nTrademark Office, or an unabandoned mark or trade\nname previously used in the U.S.; (7) it is descriptive or \ndeceptively misdescriptive of the goods or services; (8) \nit is primarily geographically descriptive or primarily \ngeographically misdescriptive of the goods or services; \n(9) it is primarily a surname; or (10) it comprises matter \nthat, as a whole, is functional. [Cases: Trademarks \n1072, 1073.]. \nbar, vb. (l6c) To prevent, esp. by legal objection <the \nstatute of limitations barred the plaintiff's wrongful\ndeath claim>. \nbar association. (1872) An organization of members \nof the legal profeSSion <several state bar associations \nsponsor superb CLE programs>. See BAR (2). [Cases: \nAttorney and Client (::::::>31.] \nlocal bar association. A bar association organized on a \nlocal level, such as an association within a county or \ncity . Local bar associations are voluntary in mem\nbership. \nstate bar association. (1883) An association or group of \nattorneys that have been admitted to practice law in a \ngiven state; a bar association organized on a statewide \nlevel, often with compulsory membership . State bar \nassociations are usu. created by statute, and member\nship is often mandatory for those who practice law in \nthe state. Unlike voluntary, professional-development \nbar associations such as the American Bar Associa\ntion, state bar associations often have the author\nity to regulate the legal profession, by undertaking \nsuch matters as disciplining attorneys and bringing \nlawsuits against those who engage in the unauthor\nized practice of law. \nbar date. Patents. The date by which a u.s. patent appli\ncation must be filed to avoid losing the right to receive \na patent.  In the U.S., the bar date for a patent appli\ncation is one year after the invention is disclosed in a \npublication or patented in another country, or put into \npublic use, sold, or offered for sale in the U.S. <Since \nthe invention was offered for domestic sale on January \n1, 2000, the bar date for the U.S. patent application is \nJanuary 1,2001.> Cf. absolute novelty under NOVELTY. \n[Cases: Patents (::::::>67.1.] \nbareboat charter. See CHARTER (8). \nbarebones indictment. See INDICTMENT. \nbare-bones legislation. See skeletal legislation under \nLEGISLATION. \nbare license. See LICENSE. \nbare licensee. See LICENSEE. \nbare ownership. See trust ownership under OWNER\nSHIP. \nbare possibility. See naked possibility under POSSIBIL\nITY. bargain and sale \nbare promise. See gratuitous promise under PROMISE. \nbare steerageway. Maritime law. The lowest speed neces\nsary for a vessel to maintain course. [Cases: Collision \nC=82(2).] \nbare trustee. See TRUSTEE (1). \nbar examination. (1875) A written test that a person \nmust pass before being licensed to practice law . The \nexam varies from state to state. -Often shortened to \nbar. [Cases: Attorney and Client \nMultistate Bar Examination. A nationally standard\nized part of a state bar examination given as a multi\nple-choice test covering broad legal subjects, including \nconstitutional law, contracts, criminal law, evidence, \nproperty, and torts. Abbr. MBE. \nbar examiner. (1902) One appointed by the state to \ntest applicants (usu. law-school graduates) by prepar\ning, administering, and grading the bar examination. \n[Cases: Attorney and Client (::::::>6.] \nbargain, n. (14c) An agreement between parties for the \nexchange of promises or performances . A bargain is \nnot necessarily a contract because the consideration \nmay be insufficient or the transaction may be illegal. \nSee BARGAIN SALE; informal contract under CONTRACT. \n[Cases: Contracts (::::::>l.J bargain, vb. \n\"A bargain is an agreement of two or more persons to \nexchange promises, or to exchange a promise for a per\nformance. Thus defined, 'bargain' is at once narrower than \n'agreement' in that it is not applicable to all agreements, \nand broader than 'contract' since it includes a promise \ngiven in exchange for insufficient consideration. It also \ncovers transactions which the law refuses to recognize as \ncontracts because of illegality.\" Samuel Williston, A Treatise \non the Law of Contracts  2A, at 7 (Walter H.E. Jaeger ed., \n3d ed. 1957). \ncatching bargain. An agreement on unconscionable \nterms to purchase real property from -or loan \nmoney secured by real property to - a person who \nhas an expectant or reversionary interest in the \nproperty. \nillegal bargain. A bargain whose formation or perfor\nmance is criminal, tortious, or otherwise contrary to \npublic policy. \nplea bargain. See PLEA BARGAIN. \ntime-bargain. See FUTURES CONTRACT. \nunconscionable bargain. See unconscionable agree-\nment under AGREEMENT. \nbargain and sale. (16c) 1. A negotiated transaction, usu. \nfor goods, services, or real property. 2. Hist. A written \nagreement for the sale ofland whereby the buyer would \ngive valuable consideration (recited in the agreement) \nwithout having to enter the land and perform livery \nof seisin, so that the parties equitably \"raised a use\" in \nthe buyer.  The result of the transaction was to leave \nthe leg'al estate in fee simple in the seller and to create \nan equitable estate in fee simple in the buyer until legal \ntitle was transferred to the buyer by delivery of a deed. \nIn most jurisdictions, the bargain and sale has been \n\nbargain-and-sale deed \nreplaced by the statutory deed of grant. [Cases: Deeds \n~22.] \nbargain-and-sale deed. See DEED. \nbargained-for exchange. Contracts. A benefit or det\nriment that the parties to a contract agree to as the \nprice of performance . The Restatement of Contracts \n(Second) defines consideration exclusively in terms of \nbargain, but it does not mention benefit or detriment. \n[Cases: Contracts \nbargainee. The buyer in a bargained-for exchange. \nbargaining agent. See AGENT (2). \nbargaining unit. A group of employees authorized to \nengage in collective bargaining on behalf of all the \nemployees of a company or an industry sector. [Cases: \nLabor and Employment C:::;, 1171.J \nbargain money. See EARNEST MONEY. \nbargainor (bahr-gan-or or bahr-gd-nar). The seller in a \nbargained -for \\;;)l'_ll~'l1l'1.\\;;. \nbargain purchase. See BARGAIN SALE. \nbargain sale. (1898) A sale of property for less than its \nfair market value . For tax purposes, the difference \nbetween the sale price and the fair market value must \nbe taken into account. And bargain sales between \nfamily members may lead to gift-tax consequences. -\nAlso termed bargain purchase. \nbargain theory of consideration. (1927) The theory \nthat a promise or performance that is bargained for in \nexchange for a promise is consideration for the promise. \n This theory underlies all bilateral contracts. See bilat\neral contract under CONTRACT. [Cases: Contracts \n50.] \n\"[C]lassical contract theory tended to associate the doctrine \nof consideration with the concept of bargain. The emphasis \nof classical law shifted away from actual benefits and detri\nments to the mutual promises which constitute a wholly \nexecutory contract. American lawyers developed from this \ntrend a 'bargain theory of consideration' and similarly in \nEnglish law a more modern basis for the doctrine of con\nsideration was found by some lawyers in the notion that \na contract is a bargain in which the consideration is the \nprice of the bargain. Allied to this is the supposed rule that \nnothing can be treated as a consideration unless it is seen \nby the parties as the 'price' of the bargain.\" P.S. Atiyah, An \nIntroduction to the Law of Contract 119 (3d ed. 1981). \nbarometer stock. See STOCK. \nbaron. 1. Hist. A man who held land directly from the \nCrown in exchange for military service. 2. Hist. A \nhusband. See BARON ET FEME. 3. One of the judges of \nthe former English or Scottish Courts of Exchequer. -\nAbbr. B. See BARONS OF THE EXCHEQUER. 4. A noble \nrank; specif., the lowest rank in the British peerage. 5. \nGenerally, a lord or nobleman. \nbarones scaccarii. See BARONS OF THE EXCHEQUER. \nbaronet. Hist. A non-noble hereditary title that descends \nin the male line only . Baronets originated in 1611 \nwhen James I began selling the title as a way to raise \nrevenue. 170 \nbaron et feme (bar-an ay fem). [Law French] Hist. \nHusband and wife. See COVERTURE;"}
{"text": "on et feme (bar-an ay fem). [Law French] Hist. \nHusband and wife. See COVERTURE; FEME COVERT. \nbaronial court. See COURT. \nBaron Parke's rule. See GOLDEN RULE. \nBarons of the Exchequer. Hist. The six judges of the \nCourt of Exchequer . After the 1873 transfer of the \nCourt's jurisdiction to the High Court ofJustice, the \njudges were known as justices of the High Court. Also \ntermed barones scaccarii. See COURT OF EXCHEQUER. \nbarony (bar-dn-ee). 1. See BARON (1). 2. See TENURE (2). \nbar pilot. See branch pilot under PILOT. \nbarra (bah-fa). [Law French \"bar\"] Hist. 1. See PLEA IN \nBAR. 2. A barrister. Also spelled barre. \nbarrator (bar-d-tdr), n. (ISc) 1. One who commits barratry \n(in any sense). 2. A fomenter of quarrels and lawsuits; one \nwho stirs up dissension and litigation among people. -\nAlso spelled barretor. Cf. CHAMPERTOR. \n\"Barrator or Barater(Fr. Barateur, a Deceiver) Is a common \nmover or maintainer of Suits, Quarrels, or Parts. either in \nCourts or elsewhere in the Country, and is himself never \nquiet, but at variance with one or other.\" Thomas Blount, \nNomo-Lexicon: A LawDictionary (1670). \nbarratry (bar-;J-tree or bair-), n. (I5c) 1. Vexatious \nincitement to litigation, esp. by soliciting potential legal \nclients . Barratry is a crime in most jurisdictions. A \nperson who is hired by a lawyer to solicit business is \ncalled a capper. See CAPPER (1). [Cases: Champerty \nand Maintenance ~4(.5), 5(.5),9.] 2. Maritime law. \nFraudulent or grossly negligent conduct (by a master or \ncrew) that is prejudicial to a shipowner. [Cases: Seamen \n~14; Shipping~61.J \n\"[S]ailing out of port in violation of an embargo, or without \npaying the port duties, or to go out of the regular course \nupon a smuggling expedition, or to be engaged in smug\ngling against the consent of the owner, are all of them acts \nof barratry, equally with more palpable and direct acts of \nviolence and fraud, for they are wilful breaches of duty \nby the master. It makes no difference in the reason of the \nthing, whether the injury the owner suffers be owing to \nan act of the master, induced by motives of advantage to \nhimself, or of malice to the owner, or a disregard of those \nlaws which it was the master's duty to obey, and which \nthe owner relied upon him to observe. It is, in either case, \nequally barratry.\" 3 James Kent, Commentaries on American \nLaw*305-06 (George Comstock ed., 11th ed. 1866). \n3. The buying or selling of ecclesiastical or governmen\ntal pOSitions. 4. The crime committed by a judge who \naccepts a bribe in exchange for a favorable decision. Cf. \nBRIBE. -barratrous (bar~;Hr;)s), adj. \nbarrier to entry. An economic factor that makes it dif\nficult for a business to enter a market and compete with \nexisting businesses. \n\"Strictly speaking, a barrier to entry is a condition that \nmakes the longrun costs of a new entrant into a market \nhigher than the long-run costs of the existing firms in the \nmarket; a good example is a regulatory limitation on entry. \nThe term is also used, more questionably, as a synonym for \nheavy startup costs.\" Richard A. Posner, Economic AnalYSis \nofLaw 10.8, at 227 (2d ed. 1977). \nbarring of entail. (18c) The freeing of an estate from the \nlimitations imposed by an entail and permitting its free \n\n171 \ndisposition . This was anciently done by means of a \nfine or common recovery, but later by a deed in which \nthe tenant and next heir join. -Also termed breaking \nof entail; disentailment. See ENTAIL. [Cases: Deeds \n127; Estates in Property C=> 12.] \nbarrister (bar-is-tar), n. (ISc) In England or Northern \nIreland, a lawyer who is admitted to plead at the bar \nand who may argue cases in superior courts . In many \nother Commonwealth nations, the legal profession is \nsimilarly divided into barristers and solicitors. Cf. \nSOLICITOR (4). barristerial (bar-a-steer-ee-al), adj. \ninner barrister. 1. QUEEN'S COUNSEL. 2. A student \nmember of an Inn of Court. \nouter barrister. A barrister called to the bar, but not \ncalled to plead from within it, as a Queen's Counsel \nor (formerly) serjeant-at-law is permitted to do; a bar\nrister belonging to the outer bar. -Also termed utter \nbarrister. See CALL TO THE BAR; OUTER BAR. \nvacation barrister. A barrister who, being newly \ncalled to the bar, for at least three years must attend \ninn of court functions that are held during the long \nvacation. \nbarter, n. (15c) The exchange of one commodity for \nanother without the use of money. -barter, vb. \nbase, adj. Servile; (of a villein) holding land at the will of \nthe lord. See base estate under ESTATE (1). \nbase and meridian. Property. The east-west and north\nsouth lines used by a surveyor to demarcate the position \nof the boundaries of real property . A base line runs \neast to west. A meridian line runs north to south. \nbase court. See COURT. \nbased on. Copyright. Derived from, and therefore similar \nto, an earlier work . If one work is \"based on\" an earlier \nwork, it infringes the copyright in the earlier work. To \nbe based on an earlier work, a later work must embody \nsubstantially similar expression, not just substantially \n. similar ideas. See derivative work under WORK (2). \nbase estate. See ESTATE (1). \nbase fee. (1800) 1. See FEE (2). 2. See fee simple determin\nable under FEE SIMPLE. \nBasel Conventiou on the Control of Transboundary \nMovements of Hazardous Waste and Their DisposaL \nA 1992 treaty establishing formal rules and procedures \nfor the transportation and disposal of hazardous waste \nacross national borders. -The United States had not \nratified the treaty as of 2003. -Often shortened to \nBasel Convention. [Cases: Treaties \nbaseline.lnt'llaw. The line that divides the land from the \nsea, by which the extent of a state's coastal jurisdiction \nis measured. [Cases: International Law \nbaseline documentation. The record of a parcel of real \nproperty's condition and conservation values at a \nspecific time, Signed by the landowner and the land \ntrust when a conservation easement is created, and \nused to monitor and enforce the easement's terms. See \nIRS Reg. 1.170A-14(g)(5). basis \nbasement court. (1995) Slang. A low-level court of \nlimited jurisdiction, such as a police court, traffic court, \nmunicipal court, or small-claims court. \nbase-point pricing. 1. A pricing method that adds the \nprice at the factory to the freight charges, which are \ncalculated as the cost of shipping from a set location \nto the buyer's location . The chosen shipping base\npoint may be the same for all customers, or it may be a \nspecific, established location, such as a manufacturing \nplant nearest to the buyer. 2. A uniform pricing policy \nin which the cost of transportation to all locations is \npresumed to be the same. \nbase service. Hist. Agricultural work performed by a \nvillein tenant in exchange for the lord's permission to \nhold the land. Cf. KNIGHT-SERVICE. \nbase tenure. See TENURE. \nbask crops. See CROPS. \nbask-form policy. See INSURANCE POLICY. \nbasic mistake. See MISTAKE. \nbask norm. See NORM. \nbasic patent. See pioneer patent under PATENT (3). \nbasilica (ba-sil-i-k<}). [Greek] Hist. 1. (cap.) A 60-book \nGreek summary ofJustinian's Corpus Juris Civilis, with \ncomments (scholia) . The Basilica (\"royal law\") was \nbegun by the Byzantine emperor Basil I, and it served \nas a major source of the law of the Eastern Empire from \nthe early 10th century until Constantinople's fall in \n1453.2. A colonnaded hall used as a law court or for \ntrading; specif., in ancient Rome, a public building usu. \nused as a court of justice . A basilica typically featured \na nave with two aisles and an apse. Architects adopted \nthe basilica's layout for the design of early Christian \nchurches. \nbasis. (14c) 1. A fundamental principle; an underlying \nfact or condition. 2. Tax. The value assigned to a taxpay\ner's investment in property and used primarily for com\nputing gain or loss from a transfer of the property . \nBasis is usu. the total cost of acquiring the asset, includ\ning the purchase price plus commissions and other \nrelated expenses, less depreciation and other adjust\nments. When the aSSigned value represents the cost of \nacquiring the property, it is also called cost basis. -\nAlso termed tax basis. [Cases: Internal Revenue \n3195; Taxation PI. bases. \nadjusted basis. (1932) Basis increased by capital \nimprovements and decreased by depreciation deduc\ntions. [Cases: Internal Revenue C=>3197; Taxation \nC=>3467-3469.] \n\"[lit is well to consider the word 'adjusted' in the term \n'adjusted basis: Often, after property is acquired, certain \nadjustments (increases or decreases to the dollar amount \nof the original basis) must be made. After these adjust\nments, the property then has an 'adjusted basis.'\" Michael \nD. Rose & John C. Chommie. Federal Income Taxation  \n6.04, at 300 (3d ed. 1988). \nadjusted cost basis. (1934) Basis resulting from the \noriginal cost of an item plus capital additions minus \ndepreciation deductions. \n\nbasis point \ncarryover basis. (1952) The recipient's basis in property \ntransferred by gift or in trust, equaling the transf:' \neror's basis. -Also termed substituted basis. [Cases: \nInternal Revenue C:=:' 3201.] \nstepped-up basis. (1951) The beneficiary's basis in \nproperty transferred by inheritance, equaling the \nfair market value of the property on the date of the \ndecedent's death or on the alternate valuation date. \n[Cases: Internal Revenue \nsubstituted basis. (1932) 1. The basis of property \ntransferred in a tax-free exchange or other specified \ntransaction. [Cases: Internal RevenueC:=:'3184.]2. \nSee carryover basis. \nbasis point. One-hundredth of 1 %; .01% . Basis points \nare used in computing investment yields (esp. of bonds) \nand in apportioning costs and calculating interest rates \nin real-estate transactions. -Abbr. bp. \nBasket Clause. See NECESSARY AND PROPER CLAUSE. \nbasse justice (bahs zhoo-stees). [Law French \"low \njustice\"] Hist. A feudal lord's right to personally try a \nperson charged with a minor offense. \nbastard. (14c) 1. See illegitimate child under CHILD. 2. A \nchild born to a married woman whose husband could \nnot be or is otherwise proved not to be the father . \nBecause the word is most commonly used as a slur, its \nuse in family-law contexts is much in decline. [Cases: \nChildren Out-of-Wedlock \nadulterine bastard. A child born to a married woman \nwhose husband is not the father of the child . The \nrebuttable presumption is generally that a child born \nof the marriage is the husband's child. A child born to \na woman by means of artificial insemination may be \ntermed an adulterine bastard, but most jurisdictions \nprohibit a husband who has consented to the artificial \ninsemination from denying paternity and responsi\nbility for the child. Cf. ARTIFICIAL INSEMINATION. \nbastard eisne. See EISNE. \nbastardy. See ILLEGITIMACY. \nbastardy proceeding. See PATERNITY SUIT. \nbastardy process. See PATERNITY SUIT. \nbastardy statute. Archaic. A criminal statute that \npunishes an unwed father for failing to support his \nchild . These statutes have been found unconsti\ntutional because they unfairly discriminate against \nfathers and do not punish unwed mothers. So they are \nunenforceable. \nbatable ground (bay-t;)-b;)l). (16c) Land of uncertain \nownership . Batable (or debatable) ground originally \nreferred to certain lands on the border of England and \nScotland before the 1603 union of the two kingdoms. \nbatch number. See SERIES CODE. \nBates number. See BATES-STAMP NUMBER. \nBates stamp, n. 1. A self-advancing stamp machine used \nfor affixing an identifying mark, usu. a number, to a \ndocument or to the individual pages of a document. 2. 172 \nBATES-STAMP NUMBER. -Sometimes (erroneously) \nwritten Bate stamp. \nBates-stamp, vb. To affix a mark, usu. a number, to a \ndocument or to the individual pages of a document \nfor the purpose of identifying and distinguishing it in \na series of documents <the paralegal is Bates-stamping \nthe records described in the request for discovery>. \nSometimes (erroneously) written Bate-stamp. \nBates-stamp number. The identifying number that is \naffixed to a document or to the individual pages of a \ndocument.  The term gets its name from a self-advanc\ning stamp machine made by the Bates Manufacturing \nCompany"}
{"text": "\ndocument.  The term gets its name from a self-advanc\ning stamp machine made by the Bates Manufacturing \nCompany.lhe number is typically used to identify doc\numents produced during discovery. -Often shortened \nto Bates number; Bates stamp. \nbathtub conspiracy. See intra-enterprise conspiracy \nunder CONSPIRACY. \nBatson challenge. See CHALLENGE (1). \nbattered child. See CHILD. \nbattered-child syndrome. (1962) Family law. A con\nstellation of medical and psychological conditions \nof a child who has suffered continuing injuries that \ncould not be accidental and are therefore presumed \nto have been inflicted by someone close to the child, \nusu. a caregiver . Diagnosis typically results from a \nradiological finding of distinct bone trauma and per\nsistent tissue damage caused by intentional injury, such \nas twisting or hitting with violence. The phrase was \nfirst used by Dr. Henry Kempe and his colleagues in a \n1962 article entitled \"The Battered Child Syndrome,\" \nwhich appeared in the Journal of the American Medical \nAssociation. As a result of research on battered-child \nsyndrome, the Children's Bureau of the United States \nDepartment of Health, Education, and Welfare drafted \na model statute requiring physicians to report serious \ncases of suspected child abuse. See CHILD-ABUSE AND \n-NEGLECT REPORTING STATUTE. [Cases: Criminal Law \n(::;:::474.4(4).] \nbattered-person syndrome. See BATTERED-WOMAN \nSYNDROME. \nbattered-spouse syndrome. See BATTERED-WOMAN \nSYNDROME. \nbattered-wife syndrome. See BATTERED-WOMAN \nSYNDROME. \nbattered woman. Family law. A woman who is the \nvictim of domestic violence; a woman who has sufFered \nphysical, emotional, or sexual abuse at the hands of \na spouse or partner. See domestic violence under \nVIOLENCE. \nbattered-woman syndrome. (1984) Family law. A con\nstellation of medical and psychological conditions of a \nwoman who has suffered phYSical, sexual, or emotional \nabuse at the hands of a spouse or partner.  Battered\nwoman syndrome was first described in the early 19705 \nby Dr. Lenore Walker. It consists of a three-stage cycle \nof violence: (1) the tension-building stage, which may \ninclude verbal and mild physical abuse; (2) the acute \n\n173 \nbattering stage, which includes stronger verbal abuse, \nincreased physical violence, and perhaps rape or other \nsexual abuse; and (3) the loving-contrition stage, which \nincludes the abuser's apologies, attentiveness, kindness, \nand gift-giving. This syndrome is sometimes proposed \nas a defense to justify or mitigate a woman's killing of a \nman. Sometimes (more specif) termed battered-wife \nsyndrome; (more broadly) battered-spouse syndrome; \n(broadly) battered-person syndrome. [Cases: Criminal \nLaw (';:::>474.4(3).] \nbattery, n. (16c) 1. Criminal law. The use of force against \nanother, resulting in harmful or offensive contact. -\nAlso termed criminal battery. [Cases: Assault and \nBattery \n\"Criminal battery, sometimes defined briefly as the \nunlawful application offorce to the person of another, may \nbe divided into its three basic elements: (1) the defendant's \nconduct (act or omission); (2) his 'mental state,' which may \nbe an intent to kill or injure, or criminal negligence, or \nperhaps the doing of an unlawful act; and (3) the harmful \nresult to the victim, which may be either a bodily injury or \nan offensive touching.\" Wayne R. LaFave & Austin W. Scott \nJr., Criminal Law  7.15, at 685 (2d ed. 1986). \naggravated battery. (IS B) A criminal battery accom\npanied by circumstances that make it more severe, \nsuch as the use of a deadly weapon or the fact that \nthe battery resulted in serious bodily harm . In most \nstate statutes, aggravated battery is classified as both \na misdemeanor and a felony. [Cases: Assault and \nBattery (:;:::> 54.] \nsexual battery. (1974) The forced penetration of or \ncontact with another's sexual organs or the perpe\ntrator's sexual organs . In most state statutes, sexual \nbattery is classified as both a misdemeanor and a \nfelony. Cf. RAPE. [Cases: Assault and Battery \nRape~l.l \nsimple battery. (I877) A criminal battery not accom\npanied by aggravating circumstances and not result\ning in serious bodily harm . Simple battery is usu. a \nmisdemeanor but mav rise to a felony if the victim is, \nfor instance, a child 0; a senior citizen. [Cases: Assault \nand Battery C=48.] \n2. Torts. An intentional and offensive touching of \nanother without lawful justification. Also termed \ntortious battery. [Cases: Assault and Cf. \nASSAULT. batter, vb. \n\"A battery is the actual application of force to the body of \nthe prosecutor. It is, in other words, the assault brought to \ncompletion. Thus, if a man strikes at another with his cane \nand misses him, it is an assault; if he hits him, it is a battery. \nBut the slightest degree of force is suffiCient, provided that \nit be applied in a hostile manner; as by pushing a man or \nspitting in his face. Touching a man to attract his attention \nto some particular matter, or a friendly slap on the back \nis not battery, owing to the lack of hostile intention.\" 4 \nStephen's Commentaries on the Laws of England 62-63 (L. \nCrispin Warmington ed., 21st ed. 1950). \nbattle of the forms. (1947) The conflict between the \nterms of standard forms exchanged between a buyer \nand a seller during contract negotiations . In its \noriginal version, UCC  2-207 attempted to resolve \nbattles of the forms by abandoning the common-law BeA \nrequirement of mirror-image acceptance and provid\ning that a definite expression of acceptance may create \na contract for the sale of goods even though it contains \ndifferent or additional terms. -Also termed UCC \nbattle oftheforms. See MIRROR-IMAGE RULE. [Cases; \nSales (>;;)22(4),23(4).] \n\"The rules of offer and acceptance are difficult to apply in \ncertain circumstances known as the 'battle of the forms' \nwhere parties want to enter into a contract, but jockey \nfor position in an attempt to use the rules of law so as to \nensure that the contract is on terms of their choosing.\" \nP.S. Atiyah, An Introduction to the Law of Contract 54 (3d \ned. 1981). \nbatture (b<'J-tyoor or ba-toor). [French] Soil, stone, or \nother material that builds under water and mayor \nmay not break the surface . If batture builds against \na bank and breaks the surface, it becomes alluvion. \nSee ALLUVION (2). [Cases: Navigable Waters (;::::>44(6); \nWaters and Water Courses (:;:::>93.] \nBaumes Law. A statute that provides for stricter criminal \nprosecution and penalties up to life imprisonment \nfor an offender who has four convictions for felonies \nor certain misdemeanors . The first Baumes Law, \nnamed for New York state Senator Caleb H. Baumes, \nwas passed by the New York legislature in 1926. Cf. \nTHREE-STRIKES LAW. [Cases: Sentencing and Punish\nment (;::::> 1200-1426.] \nbawd. Archaic. A person, usu. a woman, who solicits \ncustomers for a prostitute; a madam. See DISORDERLY \nHOUSE (2). Cf. PIMP. lCases; Prostitution (:;:::> 17.] \nbawdy house. See DISORDERLY HOUSE (2). \nbay. Int'llaw. An inlet of the sea, over which the coastal \ncountry exercises jurisdiction to enforce its environ\nmental, immigration, and customs laws. [Cases: Inter\nnational Law (>;:::>5.] \nhistoric bay. A bay that, because of its shape, would not \nbe considered a bay subject to the coastal country's \njurisdiction, except for that country's long-standing \nunilateral claim over it; a bay over which the coastal \ncountry has traditionally asserted and maintained \ndominion. \nBayh-Dole Act. Patents. A federal statute that permits \nthe U.S. Government to take title to or require licensing \nof nongovernmental inventions made by small busi\nnesses and nonprofit organizations while participat\ning in federally funded programs . Under the Act, an \nentity funded by the federal government must timely \ndisclose any invention made in the course of a federally \nfunded program. The entity may elect to retain title and \nto file and prosecute a patent application covering the \ninvention. If the entity retains title to the invention, \nthe government may still \"march in\" to force the entity \nto grant exclusive or nonexclusive licenses in appro\npriate circumstances. The Act is codified in 35 USCA \n 200-212. Also termed Patent and Trademark \nLaw Amendments Act. See MARCH-IN RIGHTS. [Cases: \nPatents United States (';=,97.] \nBCA. abbr. See business-continuation agreement under \nAGREEMENT. \n\nBCD \nBCD. See bad-conduct discharge under DISCHARGE (8). \nBCD special court-martial. See COURT-MARTIAL. \nBCIA. abbr. BERNE CONVENTION IMPLEMENTATION \nACT. \nBEA. abbr. BUREAU OF ECONOMIC ANALYSIS. \nbeadle (beed-dl). 1. Hist. A court crier with duties similar \nto those of a constable. See NUNTIUS (3). 2. Hist. Eccles. \nlaw. A minor parish officer who serves the vestry's \nneeds in various ways, including giving notice of the \nvestry's meetings, executing its orders, and attending \nits inquests. 3. A macebearer at Oxford University or \nCambridge University. Also spelled bedel. \nbeak. ErE Slang. A magistrate or justice of the peace. \nbear, vb. 1. To support or carry <bear a heavy load>. 2. \nTo produce as yield <bear interest>. 3. To give as testi\nmony <bear witness>. \nbear drive. See BEAR RAID. \nbearer. (l3c) One who possesses a negotiable instru\nment marked \"payable to bearer\" or indorsed in blank. \nBanks and Banking 137; Bills and Notes \nU8,1S3.] \nbearer bill oflading. See BILL OF LADING. \nbearer bond. See BOND (3). \nbearer document. See bearer paper under PAPER. \nbearer instrument. See bearer paper under PAPER. \nbearer paper. See PAPER. \nbearer security. See SECURITY. \nbear hug. Slang. A (usu. hostile) takeover strategy in \nwhich the acquiring entity offers the target firm a price \nper share that is Significantly higher than market value, \nintending to squeeze the target into accepting. \nreverse bear hug. A maneuver by which a takeover \ntarget responds to a bidder's offer by showing a will\ningness to negotiate but demanding a much higher \nprice than that offered . This is usu. an antitakeover \ntactic. \nbear market. See MARKET. \nbear raid. Slang. High-volume stock selling by a large \ntrader in an effort to drive down a stock price in a short \ntime . Bear raids are prohibited by federal law. -Also \ntermed bear drive. \nbeat, n. 1. A law-enforcement officer's patrol territory. 2. \nA colloquial term for the principal county subdivision \nin some southern states, such as Alabama, Mississippi, \nand South Carolina. 3. A voting precinct. \nbe at the horn. Scots law. See PUT TO THE HORN. \nbeaupleader (boh-plee-dar). [Law French \"fair pleading\"] \nHist. 1. A fine imposed for bad or unfair pleading. 2. A \nwrit of prohibition that prevented a sheriff from taking \na fine for bad pleading . 1he Statute of Marlbridge \n(1267) prohibited the taking of fines for this type of \npleading. See PROHIBITION (2). 174 \nbeauty contest. Slang. A meeting at which a major client \ninterviews two or more law firms to decide which firm \nto hire. \nbederepre. See BEDRIP. \nbedrip. Hist. A copyhold tenant's service of reaping the \nlandlord's grain. -Also spelled bederepre; biderepe. \nbefore-and-after theory. Antitrust. A method of deter\nmining damages tor lost profits (and sometimes over\ncharges), whereby the plaintiff's profits are examined \nbefore, during, and after the violation to estimate the \nreduction in profits due to the defendant's violation. \nAlso termed before-and-after method. Cf. YARDSTICK \nTHEORY; MARKET-SHARE THEORY (1). [Cases: Antitrust \nand Trade Regulation (:::::e98S.] \n\"In its simplest form. the [before-and-after] theory looks \nat the plaintiff's net profits before and after the injury \nperiod, discounts all dollars to their present value, and \ngives the plaintiff a sum that, before trebling, will bring its \nearnings during the injury period up to the same average \nlevel as its earnings during the noninjury periods.\" Herbert \nHovenkamp, Economics and Federal Antitrust Law  16.7, \nat 450 (1985). \nbefore first action, adv. Patents. After the filing of \na patent application but before the mailing of any \noffice action by the U.S. Patent and Trademark Office \nexaminer . For example, an applicant typically files \nan information disclosure statement before first action, \nand often files preliminary amendments as well. [Cases: \nPatents (:::::e 104.] \nbefore the fact. (17c) In advance of an event oflegal sig"}
{"text": "\nPatents (:::::e 104.] \nbefore the fact. (17c) In advance of an event oflegal sig\nnificance. \nbeg, vb. 1. To request earnestly; to beseech. 2. Hist. To \nrequest to be appointed as guardian for (a person). 3. \nHist. To request that someone be appointed as guardian \nfor. 4. To ask for charity, esp. habitually or pitiably. \nbeggar, n. A person who communicates with people, \noften in public places, asking for money, food, or other \nnecessities for personal use, often as a habitual means \nof making a living. \nbeggar-thy-neighbor policy. A government's protec\ntionist course of action taken to discourage imports by \nraising tariffs and instituting nontariffbarriers, usu. to \nreduce domestic unemployment and increase domestic \noutput.  This term is sometimes applied to competitive \ncurrency devaluation. \nbehavioral science. The body of disciplines (psychology, \nsociology, anthropology) that study human behavior. \nbehoof, n. Archaic. A use, profit, or advantage that is part \nof a convevance <to his use and behoof>. behoove, \nvb. ' \nbeige book. Slang. The popular name of the Federal \nReserve's Summary of Commentary on Current \nEconomic Conditions by Federal Reserve District, a \npublication that summarizes the economic conditions \nin each of the 12 Federal Reserve Bank regions . Each \nFederal Reserve Bank gathers information from reports \nsubmitted by bank and branch directors; through \ninterviews with economists, market experts, and key \n\n175 \nbusiness contacts; and from other sources. The beige \nbook is published eight times each year. \nBekanntmachung im Patentblatt. [German] Patents. \nThe date on which a Gebrauchsmuster (German petty \npatent) is published and made available to the public. \nbelief, n. A state of mind that regards the existence of \nsomething as likely or relatively certain. \nbelief-action distinction. (1966) Constitutional law. rn \nFirst Amendment law, the Supreme Court's distinc\ntion between allowing a person to follow any chosen \nbelief and allowing the state to intervene if necessary to \nprotect others from the practices of that belief. \nbelief-duster. In critical legal studies, a group of uncon\nnected ideas or opinions that appear to be related when \nconsidered together in reference to a specific subject, \nsuch as racism, sexism, or religious intolerance. \nbelieve, vb. 1. To feel certain about the truth of; to accept \nas true. Cf. SUSPECT, vb. \nreasonably believe. To believe (a given fact or combina\ntion offacts) under circumstances in which a reason\nable person would believe. \n2. To think or suppose. \nbelligerency. Int 'llaw. 1. The status assumed by a nation \nthat wages war against another nation. [Cases: War and \nNational EmergencyC.:::> 1.]2. The quality of being bel\nligerent; the act or state of waging war. \nbelligerent, n. A country involved in a war or other \narmed international conflict. Cf. NEUTRAL (1). bel\nligerent, adj. \nbellum (bel-am). [Latin] See WAR (1). \nbellum inter duos (bel-am in-tdr d[yjoo-ahs). [Law \nLatin] Hist. War between two persons; a duel. \nbellum jllstum (bel-am jas-tam). [Latinj Int'llaw. A just \nwar; one that the proponent considers morally and \n. legally justifiable, such as a war against an aggressive, \ntotalitarian regime. -Under Roman law, before war \ncould be declared, the fetiales (a group of priests who \nmonitored international treaties) had to certify to the \nSenate that just cause for war existed. With the adoption \nof the U.N. Charter, the bellum justum concept has lost \nits legal significance. The Charter outlaws the use of \nforce except in self-defense. U.N. Charter arts. 2(4), \n51 (59 Stat. 1031). -Also termed just war; justifiable \nwar. \nbellwether stock. See barometer stock under STOCK. \nbelong, vb. 1. To be the property of a person or thing \n<this book belongs to the judge>. See OWNERSHIP. 2. \nTo be connected with as a member <they belong to the \nstate bar>. \nbelongings. 1. Personal property; EFFECTS. See personal \nproperty under PROPERTY. 2. All property, including \nrealty. \nbelow, prep., adv. & ad}. 1. Beneath; under; underneath. \n2. (Of a lower court) having heard or having the power \nto hear the case at issue in the first instance <court bench \nbelow>; at a lower level <the motion was heard below>. \nCf. ABOVE. \nbelow-market loan. See interest-free loan under LOAN. \nbelow-the-line, adj. (1970) (Of a deduction) taken after \ncalculating adjusted gross income and before calcu\nlating taxable income . Examples of below-the-line \ndeductions are medical payments and local taxes. Cf. \nABOVE-THE-LINE. \nBen Avon Doctrine. The principle that due process \nentitles public utilities to judicial review of rates set \nby public-service commissions. Ohio Valley Water Co. \nv. Ben Avon Borough, 253 U.S. 287,40 S.Ct. 527 (1920). \n[Cases: Constitutional Law (;::=436l.] \nbench. (l3c) 1. The raised area occupied by the judge in a \ncourtroom <approach the bench>. 2. The court consid\nered in its official capacity <remarks from the bench>. \n3. Judges collectively <bench and bar>. 4. The judges of \na particular court <the Fifth Circuit bench>. \ncold bench. A court, esp. an appellate court, in which \nthe judges are largely unfamiliar with the facts and \nissues of a case, typically because they have not \nreviewed the briefs or the record before hearing oral \narguments. Cf. hot bench; lukewarm bench. \n\"Let's take the cold bench ... The judges have read neither \nthe briefs nor the record; they know nothing of the case, \nunless it is one of the few highly publicized cases that reach \nthe newspapers a Dr. Sheppard or a Texas Gulf Sulphur \ncase and represent less than 1 percent of all appellate \ncases. The judges have no preconceived notions as to how \nyour case should be decided. They listen to your argument \nwith an open mind.\" Samuel E. Gates, \"Hot Bench or Cold \nBench: When the Court Has Not Read the Brief before Oral \nArgument,\" in Counsel on Appeal 1 07, 115 (Arthur A. Char\npentier ed., 1968). \nhot bench. A court, esp. an appellate court, in which, \nbefore oral argument, the judges thoroughly familiar\nize themselves with the facts and issues of the case, \nusu. by reading the briefs and the record, and often \nprepare questions for counseL. In the United States \ntoday, courts are generally expected to be hot. Cf. cold \nbench; lukewarm bench. \n\"[Al hot bench, in the narrow sense, is one on which all \nthe judges have read the briefs and the salient parts of \nthe record. The court, therefore, is generally familiar with \nthe facts and the legal issues and has devoted some time \nto thinking about the case, perhaps even to the point of \njotting down questions. Obviously, if the appellate tribunal \nreviewed your case at some prior stage in the proceedings, \nit must be conSidered hot. Likewise, if the court has had \na good deal of experience in the area of law in which your \ncase falls, I am inclined to classify that bench also as hot.\" \nSamuel E. Gates, \"Hot Bench or Cold Bench: When the Court \nHas Not Read the Brief before Oral Argument,\" in Counsel \non Appeal 107, 115-16 (Arthur A. Charpentier ed\" 1968). \nlukewarm bench. A court, esp. an appellate court, in \nwhich only some of the judges, before oral argument, \nhave familiarized themselves with the facts and issues \nof the case. Also termed tepid bench. Cf. hot bench; \ncold bench. \n\"I must digress, for a moment to discuss what I choose \nto call the 'tepid,' or 'lukewarm,' bench. That'S the bench \non which one or more of the panel try to read the briefs \nor are engaged in conversation with a colleague while the \n\nbench blotter \nargument is being presented. The judges cannot concen \ntrate on either the brief or the oral argument. You can only \nhope that the chandelier will fall and fix their attention on \nat least one thing and that their consciences will so prick \nthem that later, in the quiet of their chambers, they will \napply themselves to a study of the briefs without distrac \ntion.\" Samuel E. Gates, \"Hot Bench or Cold Bench: When \nthe Court Has Not Read the Brief before Oral Argument,\" \nin Counsel on Appeal 107, 121-22 (Arthur A. Charpentier \ned.,1968). \ntepid bench. See lukewarm bench. \nbench blotter. See ARREST RECORD (2). \nbench brief. See BRIEF. \nbench conference. See SIDEBAR CONFERENCE (1). \nbench docket. See DOCKET (1). \nbencher. A governing officer of an English Inn of Court; \none of the Masters of the Bench. See INN OF COURT \n(1). \nbench legislation. See JCDGE-MADE LAW (2). \nbenchmark. 1. Property. A mark made on a permanent \nobject by a surveyor to serve as a uniform reference \npoint in making topographic surveys and tidal obser\nvations. -Formerly also written bench mark. 2. A \nstandard unit used as a basis for comparison. \nbench memo. (1975) 1. A short brief submitted by a \nlawyer to a trial judge, often at the judge's request. \n2. A legal memorandum prepared by an appellate \njudge's law clerk to help the judge in preparing for oral \nargument and perhaps in drafting an opinion . A \ntrial-court judge may similarly assign a bench memo \nto a law clerk, for use in preparing for hearing or trial \nor in drafting an opinion. 3. A memo that summarizes \nthe facts and issues in a case, usu. prepared for a judge \nby a law clerk. \nbench parole. See bench probation under PROBATION. \nbench probation. See PROBATION. \nbench ruling. (1971) An oral ruling issued by a judge \nfrom the bench. \nbench trial. See TRIAL. \nbench warrant. See WARRANT (1). \nbene factum (ben-ay fak-t<lm). See BONUM FACTUM. \nbenefice (ben-d-fis). 1. Hist. A feudal estate in land, held \nduring the life of the tenant. See BENEFICIUM (4). \n\"[TJhe vassal no longer owns the land, but 'holds' it 'of' \nthe lord -the vassal has become a 'tenant' (from the \nLatin, 'tenere', to hold). The vassal's interest in the land so \nheld, first called a 'benefice', is now a 'feudum', anglicised \nin modern law as 'fee.'\" Peter Butt, Land Law 52 (3d ed. \n1996). \n2. Hist. Eccles. law. An estate held by the Catholic \nChurch in feudal tenure. See BENEFICIUM (1), (2). 3. \nAn ecclesiastical office such as a bishopric or parish; a \npreferment. 4. BENEFICIUM (3). \nbenefice (bay-nay-fees). [French \"benefit\"] French law. \nA benefit or advantage; esp., a privilege given by law \nrather than by agreement of the parties. 176 \nbenefice de discussion. [French] BENEFIT OF DISCUS\nSION. \nbenefice de division. [French] BENEFIT OF DIVISION. \nbenefice d'inventaire. [French] BENEFIT OF INVEN\nTORY. \nbeneficial, adj. (15c) 1. Favorable; producing benefits \n<beneficial ruling>. 2. Consisting in a right that \nderives from something other than legal title <benefi\ncial interest in a trust>. \nbeneficial association. See benevolent association under \nASSOCIATION. \nbeneficial enjoyment. See ENJOYMENT. \nbeneficial holder of securities. A holder of equitable title \nto corporate stock . The stock is not registered under \nthe holder's name in the corporation's records. \nbeneficial improvement. See valuable improvement \nunder IMPROVEMENT. \nbeneficial interest. See INTEREST (2). \nbeneficial owner. See OWNER. \nbeneficial ownership. See OWNERSHIP. \nbeneficial power. See POWER (5). \nbeneficial use. See USE (1). \nbeneficiary (ben-d-fish-ee-er-ee or ben-<l-fish-<l-ree), n. \n(17c) 1. A person for whose benefit property is held in \ntrust; esp., one deSignated to benefit from an appoint\nment, dispOSition, or assignment (as in a will, insur\nance policy, etc.), or to receive something as a result \nof a legal arrangement or instrument. 2. A person to \nwhom another is in a fiduciary relation, whether the \nrelation is one of agency, guardianship, or trust. 3. A \nperson who is initially entitled to enforce a promise, \nwhether that person is the promisee or a third party. \nbeneficiary, adj. \ncontingent beneficiary. (1867) L A person deSignated \nby the testator to receive a gift if the primary benefi\nciary is unable or unwilling to take the gift. Also \ntermed contingency beneficiary. 2. A person deSig\nnated in a life-insurance policy to receive the proceeds \nif the primary beneficiary is unable to do so. -Also \ntermed secondary beneficiary. [Cases: Insurance \n3483,3485.] \ncreditor beneficiary. (1894) A third-party beneficiary \nof a contract who is owed a debt that is to be satisfied \nby another party's performance under the contract. \n[Cases: Contracts (;:c;::, 187(1).] \ndirect beneficiary. See intended benef"}
{"text": "[Cases: Contracts (;:c;::, 187(1).] \ndirect beneficiary. See intended beneficiary. \ndonee beneficiary. (1925) A third-party beneficiary \nwho is intended to receive the benefit of the contract's \nperformance as a gift from the promisee. \nexpectant beneficiary. See expectant distributee under \nDISTRIBUTEE. \nfavored beneficiary. A beneficiary of a will who receives \ndisproportionate amounts of the testator's property \nas compared with others having equal claims to the \nproperty, raising the specter of the beneficiary's undue \n\n177 \ninfluence over the testator. See UNDUE INFLUENCE. \n[Cases: Wills ~ 154-166.] \nincidental beneficiary. (1901) 1. A third-party benefi\nciary who is not intended to benefit from a contract \nand thus does not acquire rights under the contract. \nCf. intended beneficiary. [Cases: Contracts ~ 187(1).] \n2. A person to whom a settlor of a trust does not \nmanifest an intention to give a beneficial interest but \nwho may benefit from the trust's performance. \nincome beneficiary. (1945) A person entitled to income \nfrom property; esp., a person entitled to receive trust \nincome. [Cases: Trusts ~273.] \nintended beneficiary. (1845) A third-party benefi\nciary who is intended to benefit from a contract and \nthus acquires rights under the contract as well as the \nability to enforce the contract once those rights have \nvested. -Also termed direct beneficiary. Cf. inciden\ntal beneficiary. [Cases: Contracts ~ 187(1).] \nlife beneficiary. (1953) One who receives payments or \nother benefits from a trust for life. [Cases: Trusts ~ \n140.] \nprimary beneficiary. (1850) The person designated in \na life-insurance policy to receive the proceeds when \nthe insured dies. \nsecondary beneficiary. See contingent beneficiary (2). \nthird-party beneficiary. (1894) A person who, though \nnot a party to a contract, stands to benefit from the \ncontract's performance . For example, if Ann and \nBob agree to a contract under which Bob will render \nsome performance to Chris, then Chris is a third\nparty beneficiary. [Cases: Contracts ~ 187(1).] \nunborn beneficiary. A person who, though not yet \nborn, is named in a general way as sharing in an \nestate or gift . An example might be a grandchild \nnot yet born when a grandparent specifies, in a will, \nthat Blackacre is to go to \"my grandchildren.\" \nbeneficiary heir. See HEIR. \nbeneficio primo ecclesiastico habendo (ben-d-fish\nee-oh pry-moh d-klee-z[h]ee-as-td-koh hd-ben-doh). \n[Latin \"having the first ecclesiastical benefice\"] Hist. \nA writ from the king to the lord chancellor ordering \nthe appointment of a named person to the first vacant \nbenefice. \nbeneficium (ben-d-fish-ee-dm), n. [Latin \"benefit\"] 1. \nRoman law. A privilege, remedy, or benefit granted by \nlaw, such as the beneficium abstinendi (\"privilege of \nabstaining\"), by which an heir could refuse to accept \nan inheritance (and thereby avoid the accompanying \ndebt). 2. Hist. A lease, generally for life, given by a ruler \nor lord to a freeman . Beneficium in this sense arose \non the continent among the German tribes after the \ncollapse of the Roman Empire. \n\"All those to whom the Frankish king had given land and to \nwhom the Frankish emperor had granted political authority \nhad received it on certain conditions. They were the recipi' \nents of royal favor -a beneficium. Their holding came to \nbe so styled.\" Max Radin, Handbook of AngloAmerican \nLegal History 126 (1936). beneficium cedendarum actionum \n3. Hist. English law. An estate in land granted by the \nking or a lord in exchange for services . Originally, a \nbeneficium could not be passed to the holder's heirs, in \ncontrast to feuds, which were heritable from an early \ndate. Tenants, however, persisted in attempting to pass \nthe property to their heirs, and over time the beneficium \nbecame a heritable estate. As this process occurred, the \nmeaning of beneficium narrowed to a holding of an \necclesiastical nature. See BENEFICE (2). \n\"Beneficia were formerly Portions of Land, etc. given by \nLords to their Followers for their Maintenance; but after \nwards as these Tenures became Perpetual and Hereditary, \nthey left their Name of Beneficia to the Livings of the \nClergy, and retained to themselves the Name of Feuds. \nAnd Beneficium was an estate in land at first granted for \nLife only, so called, because it was held ex mero Beneficio \nof the Donor ... [blut at Length, by the Consent of the \nDonor, or his Heirs, they were continued for the Lives of \nthe Sons of the Possessors, and by Degrees past into an \nInheritance .... \" Giles Jacob, A New LawDictionary (8th \ned. 1762). \n\"In England from almost, if not quite, the earliest moment \nof its appearance, the word feodum seems not merely to \nimply, but to denote, a heritable, though a dependent right. \nBut if on the continent we trace back the use of this word, \nwe find it becoming interchangeable with beneficium, and \nif we go back further we find beneficium interchangeable \nwith precarium. A tenancy at will has, we may say, become \na tenancy in fee .... The Norman conquest of England \noccurs at a particular moment in the history of this process. \nIt has already gone far; the words feum, feudum, feodum \nare fast supplanting beneficium .... \" 1 Frederick Pollock \n& Frederic W. Maitland, The History of English Law Before \nthe Time of Edward 167-68 (2d ed. 1898). \n4. Hist. Eccles. law. A feudal tenure for life in church\nowned land, esp. land held by a layperson . Over \ntime, this sense of beneficium faded, and it came to \nbe restricted to that of an ecclesiastical living, i.e., a \nbenefice. See BENEFICE (2), (3). \n\"The pope became a feodal lord; and all ordinary patrons \nwere to hold their right of patronage under this universal \nsuperior. Estates held by feodal tenure, being originally \ngratuitous donations, were at that time denominated bene \nficia: their very name as well as constitution was borrowed, \nand the care of the souls of a parish thence came to be \ndenominated a benefice.\" 4 William Blackstone, Commen \ntaries on the Laws of England 106 (1769). \n5. Hist. A benefit or favor; any particular privilege, such \nas benefit of clergy (beneficium clericale). 6. BENEFICE \n(3). -Also termed (in senses 3-5) benefice. \nbeneficium abstinendi (ben-d-fish-ee-dm ab-sti-nen\ndI). [Latin \"privilege of abstaining\"] Roman law. The \nright of an heir to refuse an inheritance and thus avoid \nliability for the testator's debts. \n\"[Tlhese heirs came also to be protected by the praetor, \nviz. by the jus or beneficium abstinendi. Provided they took \ncare not to act as heir in any kind of way, then, whether \nthey formally demanded the privilege or not, their own \nproperty could not be made liable for their ancestor's \ndebts.\" RW. Leage, Roman Private Law 220 (C.H. Ziegler \ned., 2d ed. 1930). \nbeneficium cedendarum actionum (ben-d-fish-ee-dm \nsee-den-day-rdm ak-shee-oh-ndm). [Latin \"privilege \nof having actions made over\"] Roman & Scots law. \nThe right of a cosurety who might or might not have \npaid the debt to compel the creditor to give over the \n\nright of action against the debtor and the other cosure\nties . Under Scots law, a cosurety's (or cocautioner's) \nright of action against the nonpaying cosurety arises \non payment, without the necessity of compelling the \ncreditor to assign the action. But in Roman law) the \nright of action arose before the paying of the debt. \nbeneficium competentiae (ben-C1-fish-ee-C1m kom-pCl\nten-shi-ee). [Latin \"privilege of competency\"] Roman \n& Scots law. A debtor's right to be ordered to pay only \nas much as the debtor reasonably could) so that after \nassigning his or her estate to creditors, the debtor kept \nenough to live on. See assignment for the benefit of \ncreditors under ASSIGNMENT; SALVO BENEFICIO COM\nPETENTIAE. \nbeneficium divisionis (ben-d-fish-ee-C1m di-vizh-ee-oh\nnis). See BENEFIT OF DIVISION. \nbeneficium inventarii (ben-d-fish-ee-C1m in-ven-tay\nree-I or in-ven-tair-ee-I). [Latin \"with the benefit of \ninventory\"] Roman law. The right of an heir to take an \ninventory within a set time before deciding whether \nto accept an inheritance . An heir could provision\nally take the succession and disclaim responsibility for \ndebts beyond the estate's value until the inventory was \ncompleted and the inheritance accepted or rejected. \nThis right was introduced by Justinian. Also termed \ncum beneficio inventarii (kdm ben-d-fish-ee-oh in-ven\ntair-ee-I). \nbeneficium ordinis (ben-a-fish-ee-C1m or-dCl-nis). [Latin \n\"privilege of order\"] Roman & Scots law. A surety's right \nto require a creditor to seek payment from the princi\npal debtor belore seeking payment from the surety. See \nBENEFICE DE DISCUSSION. \n\"Beneficium Ordinis ... by the civil law and our own, a \ncautioner, simply bound as such, is entitled to insist that \nthe prinCipal be first discussed by extreme diligence.\" Hugh \nBarclay, A Digest of the Law of Scotland 76 (3d ed. 1865). \nbeneficium separationis (ben-d-fish-ee-dm sep-d-ray\nshee-oh-nis). [Latin \"privilege of separation\"] Roman \nlaw. The right of a creditor of the deceased to have \nthe property of the deceased separated from an heir's \nproperty . This separation protected the creditors by \nensuring that the deceased's property was not used \nto pay the heir's creditors. -Also termed separatio \nbonorum. \nbenefit, n. (14c) 1. Advantage; privilege <the benefit of \nowning a car>. 2. Profit or gain; esp., the consideration \nthat moves to the promisee <a benefit received from \nthe sale>. Also termed legal benefit; legal value. Cf. \nDETRIMENT (2). \ndeath benefit. (usu. pl.) (1873) A sum or sums paid to a \nbeneficiary from a life-insurance policy on the death \nof an insured. \nfringe benefit. (1952) A benefit (other than direct salary \nor compensation) received by an employee from an \nemployer, such as insurance, a company car, or a \ntuition allowance. -Often shortened (esp. in pl.) to \nbenefit. [Cases: Labor and Employment (;=J 179.] general benefit. (1925) Eminent domain. The whole \ncommunity's benefit as a result of a taking . It cannot \nbe considered to reduce the compensation that is due \nthe condemnee. [Cases: Eminent Domain \npeculiar benefit. See special benefit. \npecuniary benefit. (17c) A benefit capable of monetary \nvaluation. \nprivate benefit. See PRIVATE BENEFIT. \nspecial benefit. (1857) Eminent domain. A benefit that \naccrues to the owner of the land in question and not \nto any others . Any special benefits justify a reduc\ntion in the damages payable to the owner of land \nthat is partially taken by the government during a \npublic project. Also termed peculiar benefit. [Cases: \nEminent Domain (;:::: 146.] \n3. Financial assistance that is received from an \nemployer, insurance, or a public program (such as social \nsecurity) in time of sickness, disability, or unemploy\nment <a benefit from the welfare office>. [Cases: Social \nSecurity and Public Welfare (;=J 140.5; Unemployment \nCompensation ~>40.] -benefit, vb. \nbenefit association. See benevolent association under \nASSOCIATION. \nbenefit certificate. A written obligation to pay a named \nperson a specified amount upon stipulated conditions. \n Benefit certificates are often issued by fraternal and \nbeneficial societies. [Cases: Beneficial Associations (;:::: \n18(1).] \nbenefit of an earlier filing date. Patents & Trademarks. \nFor a patent or trademark applicant, the advantage of \nbeing assigned the filing date of a related, earlier-filed \napplication . Under 35 USCA  119: (1) a U.S. patent \napplication is given the filing date of an earlier toreign \napplication filed in accordance with the Paris Conven\ntion as long as the U.S. filing occurs not more than one \nyear after the foreign filing; and (2) a continuing appli\ncation filed in accordance with 35 USCA  120 is given \nthe filing date of an earlier-filed U.S. application. Simi\nlarly, under 15 USCA  11 26(d), a U.S. trademark appli\ncant receives the filing date of an earlier-filed foreign \napplication if: (I) the foreign application was filed in \na Paris Convention country; and (2) the U.S. applica\ntion is filed within six months after the foreign applica\ntion. -Also termed benefit of priority filing date; claim \nof priority. [Cases: Patents (;=J 110.] \nbenefit-of-bargain rule. See BENEFlT-OF-THE-BARGAIN \nRULE. \nbenefit of cession. Civil law. A debtor's immunity from \nimprisonment for debt . The immunity arises when \nthe debtor's property is assigned to"}
{"text": "'s immunity from \nimprisonment for debt . The immunity arises when \nthe debtor's property is assigned to the debtor's credi\ntors. See CESSIO BONORUM. \nbenefit of clergy. 1. At common law, the privilege of a \ncleric not to be tried for a felony in the King's Court <in \nthe Middle Ages, any man who could recite the \"neck \nverse\" was granted the benefit of clergy> . Although \nclergy includes monks and nuns as well as priests, \nthere are no known cases of women claiming or being \n\n179 \ngranted benefit of clergy. Congress outlawed benefit of \nclergy in federal courts in April 1790. It was abolished \nin England in 1827 but survived even longer in some \nAmerican states, such as South Carolina, where it was \nsuccessfully claimed in 1855. State v. Bosse, 42 S.C.L. \n(3 Rich.) 276 (1855). Also termed clergy privilege; \nclericale privilegium. See NECK VERSE. \n\"Benefit of clergy was a remarkable privilege which, \nalthough now obsolete, was for centuries of great impor\ntance in criminal law. Some knowledge of it is even now \nessential for a proper understanding of common law \ncrimes. After William the Conqueror separated the eccle\nsiastical from the secular courts, the clergy put forward the \nclaim that all persons in holy orders should be exempt from \nsecular jurisdiction in all proceedings, civil or criminal. \nEventually the rule was established that 'clerks' of all kinds, \nwho committed any of the serious crimes termed felonies, \ncould be tried only in an ecclesiastical court, and therefore \nwere only amenable to such punishments as that court \ncould inflict. Any clerk accused of such crime was accord\ningly passed over to the bishop's court. He was there tried \nbefore a jury of clerks by the oaths of twelve compurgators; \na mode of trial which usually ensured him an acquittaL\" \nJ.w. Cecil Turner, Kenny's Outlines of Criminal Law 75 (16th \ned. 1952). \n\"'Benefit of clergy,' in its origin, was the right of a clergy\nman not to be tried for felony in the King's Court. tn ancient \ntimes, when the Church was at the peak point of its power, \nit preempted jurisdiction over felony charges against cler \ngymen. It demanded that in any case in which a clergy \nman was charged with felony, the case be transferred to \nthe Ecclesiastical Court for trial. The benefit was extreme \nbecause conviction of felony in the King's Court resulted \nin the sentence of death, whereas the Ecclesiastical Court \ndid not make use of capital punishment.\" Rollin M. Perkins \n& Ronald N. Boyce, Criminal Law4 (3d ed. 1982). \n2. Loosely, religious approval as solemnized by church \nritual <the couple had several children without benefit \nof clergy> . This common use of the phrase is premised \non a misunderstanding of its original meaning (sense \n1). \nbenefit of counsel. See RIGHT TO COUNSEL (1). \nbenefit of discussion. Civil law. A guarantor's right to \nrequire a creditor to seek payment from the principal \ndebtor before seeking payment from the guarantor. \nAlso termed (in French law) benefice de discussion; (in \nScots law) right of discussion. [Cases: Guaranty ~ \n42(1),45,77(2).] \n\"Benefit of Discussion. By common law a cautioner, bound \nsimply as such, had right to insist that the creditor should \ndiscuss the prinCipal debtor, that is, exhaust his estate by \ndiligence, before coming upon him for payment of the \ndebt.\" William K. Morton & Dale A. Whitman, Manual of \nthe Law of Scotland 299 (1896). \nbenefit of division. Civil law. A surety's right to be sued \nonly for a part of the debt proportionate to the number \nof solvent cosureties. Also termed (in Roman law) \nbeneficium divisionis; (in French law) benefice de \ndivision; (in Scots law) right of division. [Cases: Princi\npal and Surety ~66, 168, 169, 194.] \nbenefit of inventory. Civil law. 1he principle that an heir's \nliability for estate debts is limited to the value of what is \ninherited, if the heir so elects and files an inventory of \nthe estate's assets. Also termed benefice d'inventaire. \n[Cases: Descent and Distribution ~ 119.] bequest \nbenefit of priority filing date. See BENEFIT OF AN \nEARLIER FILING DATE. \nbenefit-of-the-bargain damages. See DAMAGES. \nbenefit-of-the-bargain rule. (1913) 1. The principle \nthat a party who breaches a contract must pay the \naggrieved party an amount that puts that person in the \nsame financial position that would have resulted if the \ncontract had been fully performed. [Cases: Damages \n~ 117.] 2. Ihe principle that a defrauded buyer may \nrecover from the seller as damages the difference \nbetween the value of the property as represented and \nthe actual value received. -Also termed benefit-of\nbargain rule. Cf. OUT-OF-POCKET RULE. [Cases: Fraud \nC:::>59(2).] \nbenevolent association. See ASSOCIATION. \nbenevolentia regis habenda (ben-<:l-v<:l-Ien-shee-<:l ree-jis \nh<:l-ben-d<:l). [Latin \"the king's benevolence to be had\"] \nHist. A fine paid to receive the king's pardon and a res\ntoration of place, title, or estate. \nbenevolent society. See benevolent association under \nASSOCIATION. \nBenthamism. See hedonistic utilitarianism under UTILI\nTARIANISM. \nBenthamite, adj. Of or relating to the utilitarian theory \nofJeremy Bentham. See hedonistic utilitarianism under \nUTILITARIANISM. \nBEP. abbr. BUREAU OF ENGRAVING AND PRINTING. \nbequeath (b<:l-kweeth), vb. (12c) 1. To give property (usu. \npersonal property) by will. [Cases: Wills ~ 1.]2. Hist. \nTo assign or transfer real or personal property by formal \ndeclaration, either inter vivos or after death. \nbequeathal. See BEQCEST. \nbequest (b<:l-kwest), n. (I4c) 1. The act of giving property \n(usu. personal property) by will. [Cases: Wills ~ 1.J \n2. Property (usu. personal property other than money) \ndisposed of in a will. Also termed bequeathal \n(b<:l-kwee-th<:ll). Cf. DEVISE; LEGACY. \ncharitable bequest. (18c) A bequest given to a philan\nthropic organization. See CHARITABLE ORGANIZA\nTION. [Cases: Charities \nconditional bequest. (18c) A bequest whose effective\nness or continuation depends on the occurrence or \nnonoccurrence of a particular event.  An example \nmight be a testator's gift of \"the income from the farm \nto my daughter, Betty, until she remarries.\" If a con\ndition prohibits certain legal conduct, such as using \ntobacco or growing a beard, it is sometimes termed a \nreformation condition or character-improvement COl1-\ndition. [Cases; Wills ~639-668.1 \ndemonstrative bequest. (1905) A bequest that, by its \nterms, must be paid out of a specific source, such as a \nstock fund. [Cases: Wills ~755.] \nexecutory bequest. (18c) A bequest of a future, deferred, \nor contingent interest in personal property. [Cases: \nWills (.~'625.1 \n\nBerlin Act \ngeneral bequest. (I8c) 1. A bequest of a general benefit, \nrather than a particular asset, such as a gift of money \nor a gift of all the testator's stocks. 2. A bequest \npayable out of the general assets of the estate. [Cases: \nWills \nmonetary bequest. See pecuniary bequest. \nmoney bequest. See pecuniary bequest. \npecuniary bequest. (I8c) A testamentary gift of money; \na legacy. Also termed monetary bequest; money \nbequest. [Cases: Wills 567.] \nremainder bequest. See residuary bequest. \nresiduqry bequest. (18c) A bequest of the remain\nder of the testator's estate, after the payment of the \ndebts, legacies, and specific bequests. -Also termed \nremainder bequest. lCases: Wills C'=586.] \nspecific bequest. (l8c) A bequest of a specific or unique \nitem of property, such as any real estate or a particular \npiece of furniture. [Cases: Wills \nBerlin Act. Copyright. A 1908 revision of the Berne Con\nvention prohibiting formalities as a requirement for \ncopyright protection, recommending (but not requir\ning) a term of protection equal to the life of the author \nplus 50 years, and expanding the types of works eligible \nfor copyright protection . Motion pictures were \nincluded in copyright protection for the first time. -\nAlso termed Berlin Act of 1908; 1908 Berlin Act. \nBerne Additional Protocol. Copyright. A 1914 amend\nment to the Berne Convention providing for reprisals \nagainst a foreign national who publishes simultane\nously in both a member nation and the author's own \nnonmember and nonreciprocating country . The \nreprisal was aimed at the United States, which until \n1989 refused to join the Berne Convention but whose \ncitizens could enjoy Berne protection by first publish\ning in a member nation. See BACK DOOR TO BERNE. \nBerne Convention. Copyright. An international copy\nright treaty providing that works created by citizens \nof one signatory nation will be fully protected in other \nsignatory nations, without the need for local formal\nities . The treaty was drafted in Berne in 1886 and \nrevised in Berlin in 1908. It is now administered by \nthe World Intellectual Property Organization and pre\nscribes minimum levels and terms of copyright protec\ntion. The United States ratified the Berne Convention in \n1989 and changed several aspects of U.S. copyright law \nto comply with the treaty's terms. Also termed Berne \nCopyright Convention; Berne Convention for the Protec\ntion of Lite ra ry and Artistic Property. See CONGRESS OF \nAUTHORS AND ARTISTS. [Cases: Copyrights and Intel\nlectual Property G=::C34.] \nBerne Convention Implementation Act. Copyright.lhe \n1988 federal law making the United States a signatory \nto the Berne Convention, 102 years after the convention \nwas first opened for signatures . The law ended rigid \nformalities for registration and marking, although reg\nistration is still required before United States-copyright \nowners can sue for infringement. Pub. L. No. 100-568, 180 \n102 Stat. 2853. -Abbr. BCIA. [Cases: Copyrights and \nIntellectual Property \nBerne Copyright Convention. See BERNE CONVEN\nTION. \nBerne-minus, adj. Copyright. Of or relating to the second \nsentence of Art. 9(1) of the TRIPs Agreement, which \nprovides that intellectual-property rights and duties \nunder the Berne Convention will not be expressly \nenforced on noncomplying signators through the \nTRIPs Agreement. U.S. reluctance to expressly protect \nmoral rights of authors and artists has been criticized \nas a \"Berne-minus\" attitude. \nBerne Paris Act. Copyright. A 1971 revision of the Berne \nConvention reducing the obligations of nations that \nbecame members as colonies of signatories. Also \ntermed 1971 Paris Act of the Berne Convention. \nBerne-plus, adj. Copyright. Of or relating to a copyright\ntreaty provision that affords greater intellectual-prop\nerty protection than the minimum required by the \nBerne Convention, either by granting stronger rights or \nby extending protection to new forms of subject matter. \n The term arose during negotiations over the TRIPs \nAgreement, reflecting the principle that the treaty \nshould incorporate and build on existing international \nlaw. The WIPO treaties are said to be \"Berne-plus\" \ntreaties because they incorporate Berne protections \nand add additional protections of their own. \nBerne Safeguard Clause. Copyright. A provision in the \nUniversal Copyright Convention barring protection \nin Berne Union countries for the works of any country \nthat withdraws from the Berne Union after January \n1, 1951.  The purpose of the clause was to prevent \ncountries from withdrawing from the Berne Union in \nfavor of the more relaxed copyright -protection stan\ndards of the Convention. The clause was amended in \n1971 to give developing countries the right to opt out \nof its mandate. [Cases: Copyrights and Intellectual \nProperty C:::>34.] \nBerne Union. Copyright. The treaty alliance of Berne \nConvention member nations. [Cases: Copyrights and \nIntellectual Property \nBerry rule. (1956) The doctrine that a defendant seeking \na new trial on grounds of newly discovered evidence \nmust show that (1) the evidence is newly discovered and \nwas unknown to the defendant at the time of trial; (2) \nthe evidence is material rather than merely cumulative \nor impeaching; (3) the evidence will probably produce \nan acquittal; and (4) the failure to learn of the evidence \nwas not due to the defendant's lack of diligence. Berry \nv. State, 10 Ga. 511 (1851). [Cases: Criminal Law \n938(1).] \nBertillon system (bilr-t;l-lon or bair-tee-yawn). A system \nof anthropometry once used to identify criminals by \nmeasuring and describing them. _ The Bertillon system \nis named for Alphonse Bertillon, the French anthro\npologist who developed the technique early in the 20th \ncentury. It has been largely replaced by fingerprinting. \nCf. ANTHROPOMETRY. \n\n181 \n\"The system of identification known as the Bertillon \nsystem is worked out on the assumption that an individ \nual's physical measurements are constant after maturity "}
{"text": "identification known as the Bertillon \nsystem is worked out on the assumption that an individ \nual's physical measurements are constant after maturity \nis attained. Such measurements include height, span of \narms, sitting height, length of head, width of right ear, \nlength of left foot, length of left middle finger, length of \nleft little finger, and length of left forearm. The Bertillon \nsystem also records photographs (front and profile), hair \nand eye color, complexion, scars, tattoo marks and any \nasymmetrical anomalies.\" Encyclopedia of Criminology \n81'82 (Vernon c. Branham & Samuel B. Kutash eds., 1949), \ns.v. \"Criminalistics.\" \nbes (bes), n. [Latin] 1. Roman law. Two-thirds of the \nRoman as, or pound, consisting of eight unciae (ounces) \nout of twelve. See AS; UNCIA. 2. Civil law. Two-thirds of \nan inheritance. \nbesayel (bes-aY-Jl). [Law French] Hist. L A writ of right \nused by a great -grandfather's heirs to recover property \nheld by the great-grandfather. See assize of mort \nd'ancestor under ASSIZE (6). 2. A great-grandfather. \nAlso spelled besaiel; besaile; bisaile; besayle. Cf. AIEL; \nCOSINAGE. \nbesluit (bi-sloyt), n. [Dutch \"decision\"] Roman-Dutch \nlaw. A legislative resolution or decree. \nbespeaks-caution doctrine. Securities. 'The principle that \nif soft information in a prospectus is accompanied by \ncautionary language that adequately warns investors \nthat actual results or events may affect performance, \nthen the soft information may not be materially mis\nleading to investors. -Soft information includes fore\ncasts, estimates, opinions, and projections about future \nperformance. The doctrine was codified in the Private \nSecurities Litigation Reform Act of 1995. [Cases: Secu\nrities Regulation (;=60.27(5).] \nbest bid. See BID (1). \nbest edition. Copyright. A particular version of a copy\nrighted work that is published in the U.S. before the \ndate of deposit and that is designated by the Library of \nCongress, in its discretion, as the most suitable for its \npurposes. -Two copies of a copyrighted work, in the \nselected best-edition form, must be deposited with the \nLibrary. [Cases: Copyrights and Intellectual Property \n(;'-=>50.10.] \nbest efforts. (17c) Diligent attempts to carry out an obli\ngation <the contractor must use best efforts to complete \nits work within the stated time>. -As a standard, a \nbest-efforts obligation is stronger than a good-faith \nobligation. Best efforts are measured by the measures \nthat a reasonable person in the same circumstances and \nof the same nature as the acting party would take. \nAlso termed best endeavors. Cf. due diligence (l) under \nDILIGENCE; GOOD FAITH. [Cases: Contracts C=\" 189.] \nbest-efforts contract. See CONTRACT, \nbest-efforts underwriting. See UNDERWRITING. \nbest embodiment. See BEST MODE. \nbest endeavors. See BEST EFFORTS. \nbest evidence. See EVIDENCE. \nbest-evidence rule. (1894) The evidentiary rule providing \nthat, to prove the contents of a writing (or a recording best-interests-of-the-child doctrine \nor photograph), a party must produce the original \nwriting (or a mechanical, electronic, or other familiar \nduplicate, such as a photocopy) unless it is unavailable, \nin which case secondary evidence -the testimony of \nthe drafter or a person who read the document -may \nbe admitted. Fed. R. Evid. 1001-1004. -Also termed \ndocumentary-originals rule; original-writing rule; origi\nnal-document rule. [Cases: Criminal Law (;= 398-403; \nEvidence C-~,) 157-187.] \n\"Down to a century or more ago, the term 'best eVidence' \nwas a good deal used; 'the best evidence that the nature \nof the thing will afford' was said to be required. But this \nloose expression never represented a concrete rule. The \nonly positive and concrete rules of the kind are those above \nnamed. And today, though the cant phrase is sometimes \ninvoked, and though an inference may be made against a \nparty who fails to produce what might be better evidence, \nyet no court will in general exclude relevant evidence \nbecause there might be better evidence available,\" John \nH. Wigmore, A Students' Textbook of the Law of Evidence \n219 (1935). \nbestiality (bes-chee-al-<l-tee). (l4c) Sexual activity \nbetween a human and an animaL -Some authorities \nrestrict the term to copulation between a human and \nan animal of the opposite sex. See SODOMY. [Cases: \nSodomy C=> 1.] \nbest interests of creditors. Bankruptcy. A test for con\nfirmation of a reorganization plan whereby the court \ninquires into whether the plan ensures that the value of \nproperty to be distributed to each creditor is at least the \namount that the creditor would receive if the debtor's \nestate were liquidated in a Chapter 7 case. - A court \nmay not confirm a plan in a Chapter 9, Chapter 12, or \nChapter 13 case unless it is in the best interests of the \ncreditors. In a Chapter 11 case, a court may confirm a \nplan even though some creditors do not vote to accept \nit if the court finds that the plan is in the creditors' \nbest interest. 11 USCA  944(7), 1129(a)(7), 1225(a) \n(4), 1325(a)(4). Also written best interest of creditors. \n[Cases: Bankruptcy (;=3481, 3560,3682,3710(7).] \nbest interests of the child. Family law. A standard by \nwhich a court determines what arrangements would \nbe to a child's greatest benefit, often used in deciding \nchild-custody and visitation matters and in deciding \nwhether to approve an adoption or a guardianship. -\nA court may use many factors, including the emotional \ntie between the child and the parent or guardian, the \nability of a parent or guardian to give the child love \nand gUidance, the ability of a parent or guardian to \nprovide necessaries, the established living arrange\nment between a parent or guardian and the child, the \nchild's preference if the child is old enough that the \ncourt will consider that preference in making a custody \naward, and a parent's ability to foster a healthy rela\ntionship between the child and the other parent. -\nAbbr. BIC. Also termed best interest of the child. Cf. \nPARENTAL-PREFERENCE DOCTRINE. [Cases: Adoption \nChild Custody 178; Guardian and Ward \n(;= 10.] \nbest-interests-of-the-child doctrine. Family law. The \nprinciple that courts should make custody decisions \n\nbest mode \nbased on whatever best advances the child's welfare, \nregardless of a claimant's particular status or relation\nship with the child. _ One important factor entering \ninto these decisions is the general belief that the child's \nbest interests normally favor custody by parents, \nas opposed to grandparents or others less closely \nrelated. The doctrine is quite old, haVing been stated, \nfor example, in the early 19th-century case of Com\nmonwealth v. Briggs, 33 Mass. 203 (1834). -Some\ntimes shortened to best-interests doctrine; best-interest \ndoctrine. See PARENTAL-PREFERENCE DOCTRINE. [Cases: \nChild Custody (;::::>76.] \nbest mode. Patents. The best way that the inventor \nknows to work the invention described and claimed in \na patent or patent application. - A patent application \nmust disclose the best mode known to the inventor at \nthe time of the filing. Failure to disclose the best mode \ncan render a patent invalid. 35 USCA  112,' L Also \ntermed best embodiment. Cf. ENABLEMENT REQUIRE\nMENT. [Cases: Patents C::::>'98.j \nbest-mode requirement. Patents. 1he requirement that \na patent application show the best phYSical method \nknown to the inventor for using the invention. Cf. \nENABLEMENT REQUIREMENT. [Cases: Patents C::::>98.] \nbestow, vb. (l4c) To convey as a gift <bestow an honor on \nanother>. -bestowal, n. \nbest use. See highest and best use under USE (1). \nbet, n. Something (esp. money) staked or pledged as a \nwager. [Cases: Gaming 1.] -bet, vb. -betting, \nn. bettor, n. \nlayoff bet. A bet placed by a bookmaker to protect \nagainst excessive losses or to equalize the total amount \nplaced on each side of the wager. See LAYOFF BETTOR. \n[Cases: Gaming C::::>62.] \nbeta. A statistical measure of a security's risk, based on \nhow widely a particular security's return swings as \ncompared to the overall return in the market for that \nsecurity. -The market's beta is set at 1.0; a security \nwith a beta lower than 1.0 is less risky than the general \nmarket, while a security with a beta higher than 1.0 is \nmore so. \nbeta-test agreement. Intellectual property. A software \nlicense agreement, usu. between a software developer \nand a customer, permitting the customer to use the \nsoftware program in a \"live\" environment before its \nrelease to the general public. -Beta-test agreements \ndiffer from more conventional software licenses in that \nthey typically (1) have more significant limitations on \nliability; (2) contain few, if any, warranties; and (3) \nrequire user evaluation and feedback. -Also termed \nsoftware beta-test agreement. [Cases: Copyrights and \nIntellectual Property C::::>, 107.] \nbeta testing. Intellectual property. The process of testing \nproducts and services, esp. software, under real-life \nconditions. -Consumers often engage in beta testing \nat no cost in exchange for reporting to the developer \nhow satisfied they are, any problems they encounter, \nand any suggested improvements. To protect a trade 182 \nsecret or to avoid a statutory bar, the developer may \nrequire the user to sign a nondisclosure agreement. Cf. \nALPHA TESTING. \nbet din. See BETH DIN. \nbeth din. Family law. A rabbinical tribunal empowered \nby Jewish law to decide and enforce matters of Jewish \nlaw and custom; esp., a tribunal consisting of three \nrabbis who decide questions of Jewish law. -Also \nspelled bet din. See BETH TORAH. \nbeth Torah. The judgment rendered by a panel of rabbis. \nSee BETH DIN. \nbetrothal. 1. Eccles. law. A religiOUS ceremony con\nfirming an agreement to marry. _ Historically, a \nbetrothal was performed months or years before the \nparties wedded. It was in theory as legally binding as a \nmarriage and created an impediment to marriage with \nany other person, but not an insurmountable impedi\nment. In modern form, the betrothal is usu. part of \nthe marriage ceremony. -Also termed betrothment. \nSee ENGAGEMENT (2). Cf. precontract under CONTRACT; \nESPOUSALS. 2. Slang. A corporate merger agreement. \nbetrothment. See BETROTHAL (1). \nbetterment. (18c) l. An improvement that increases the \nvalue of real property; esp., an enhancement in the \nnature of an alteration or addition that goes beyond \nrepair or restoration to a former condition. [Cases: \nImprovements C::::> 1.]2. An improvement of a highway, \nrailroad, or building that goes beyond repair Of resto\nration. 3. An increase in value, esp. real-estate value, \nattributable to improvements. See IMPROVEMENT. \nbetterment act. (1819) A statute requiring a landowner \nto compensate an occupant who improves the land \nunder a mistaken belief that the occupant is the real \nowner. _ The compensation usu. equals the increase \nin the land's value generated by the improvements. -\nAlso termed occupying-claimant act; occupant statute. \n[Cases: Improvements CJ4.] \nbetterment tax. A tax for the improvement of \nhighways. \nbetting. See PARIMUTUEL BETTING. \nbeyond a reasonable doubt. See REASONABLE DOUBT. \nbeyond seas. (16c) Hist. 1. (Of a person) being absent \nfrom a jurisdiction or nation; out of the country, esp. \nacross the ocean. -This term was used when a person \ncould not be served with a summons, notice, etc. \nbecause the person was absent from the jurisdiction. \nSome jurisdictions toll the statute oflimitations during \na defendant's absence. 2. Out-of-state. _ Although \noriginally beyond seas meant \"out of the country,\" the \nU.S. Supreme Court declared that the term includes \nabsence from a state. Murray's Lessee v. Baker, 16 U.S. \n541, 545 (1818). -Also termed beyond sea; beyond the \nseas; ultra mare. \n\"[lIt has been provided that if any person or persons against \nwhom there shall be any cause of action shall at the time \nof its accrual be beyond seas, then the person or persons \nentitled to any such cause of action shall be at liberty to \nbring the same against such person or persons within such \n\n183 \ntime as before limited, after his or their return from beyond \nseas.\" John Indermaur, Principles of the Common Law 240 \n(Edmund H. Bennett ed., 1st Am. ed. 1878). \nb.f. abbr. BONUM FACTUM. \nBFOQ. abbr. BONA FIDE OCCUPATIONAL QUALIFICA-\nTION. \nBFP. See bona fide purchaser under PURCHASER (1). \nBHC. abbr. BANK HOLDING COMPANY. \nBIA. abbr. 1. BUREAU OF INDIAN AFFAIRS. 2. BOARD OF \nIMMIGRATION APPEALS. \nbias, n. (16c) Inclination; prejudice; predilection <the \njuror's bias prompted a challenge for cause>. -bias, \nvb. biased, adj. \nactual bias. Genuine prejudice that"}
{"text": "prompted a challenge for cause>. -bias, \nvb. biased, adj. \nactual bias. Genuine prejudice that a judge, juror, \nwitness, or other person has against some person or \nrelevant subject. Cf. implied bias. \nadvocate's bias. The bias that attorneys often develop \nin favor of a client involved in a dispute and that may \npotentially cause such missteps as overlooking certain \narguments or misjudging the way facts or cases may \nappear to a dispassionate outsider. \nimplied bias. Prejudice that is inferred from the expe\nriences or relationships of a judge, juror, witness, \nor other person. -Also termed presumed bias. Cf. \nactual bias. \njudicial bias. A judge's bias toward one or more of \nthe parties to a case over which the judge presides . \nJudicial bias is usu. not enough to disqualify a judge \nfrom presiding over a case unless the judge's bias \nis personal or based on some extrajudicial reason. \n[Cases: Judges (;:::::'49.] \nBIC. abbr. BEST INTERESTS OF THE CHILD. \nbicameral, adj. (Of a legislature) having two legislative \nhouses (usu. called the House of Representatives, or the \nAssembly, and the Senate) . The federal government \nand all states except Nebraska have bicamerallegisla-\ntures. [Cases: States C::)26.J bicameralism, n. \nBicameral Clause. The constitutional provision that \ncreates the two legislative chambers of Congress. See \nU.S. Const. art.!,  1. \nbid, n. (18c) 1. A buyer's offer to pay a specified price for \nsomething that mayor may not be for sale <a bid at an \nauction> <a takeover bid>. \nbest bid. The highest auction bid; in the letting of a \ncontract, the lowest bid by a qualified bidder. [Cases: \nAuctions and Auctioneers (;:::::'7.] \nbid in. A bid made by the owner of auctioned property \nto ensure that the property is not sold below actual \nvalue. [Cases: Auctions and Auctioneers \nbid off. To purchase by bid at auction or judicial sale. \n[Cases: Auctions and Auctioneers Judicial Sales \n(;:::::'19.] \nupset bid. A bid in a judicial sale made for more than \nthe purchaser's bid so that the sale will be set aside \n(Le., upset). [Cases: Judicial Sales C:::> 19.J biens \n2. A submitted price at which one will perform work \nor supply goods <the subcontractor's bid>. See BID-\nSHOPPING. bid, vb. -bidder, n. \ncompetitive bid. A bid submitted in response to public \nnotice of an intended sale or purchase. \nfirm bid. (1907) A bid that, by its terms, remains open \nand binding until accepted or rejected . A firm bid \ncommonly contains no unusual conditions that might \ndefeat acceptance. \nopen bid. (1849) A bid that the bidder may alter after \nsubmission so as to meet competing bids. \nsealed bid. (1849) A bid that is not disclosed until all \nsubmitted bids are opened and considered simulta\nneously. \nbid and asked. Securities. A notation describing the \nrange of prices quoted for securities in an over-the\ncounter stock exchange . Bid denotes the highest \nprice the buyer is willing to pay, and asked denotes \nthe lowest price the seller will accept. See SPREAD (2). \n[Cases: Exchanges 13.] \nbid bond. See BOND (2). \nbidding up. (1823) The act or practice of raising the price \nfor an auction item by making a series of progressively \nhigher bids . Bidding up is unlawful if the bids are \nmade collusively by persons with an interest in raising \nthe bids. ct BY-BIDDING; SHILLING (1). [Cases: Auctions \nand Auctioneers (;:::::'7.] \nbiderepe. See BEDRIP. \nbid in. See BID (1). \nbid off. See BID (1). \nbid peddling. See BID-SHOPPI)lG. \nbid price. See PRICE. \nbid quote. Securities. The price a broker will pay for a \nsecurity or commodity. \nbid-shopping. (1964) A general contractor's effort after \nbeing awarded a contract to reduce its own costs by \nfinding a subcontractor that will submit a lower bid \nthan the one used in calculating the total contract price. \n If a lower bid is obtained, the general contractor will \nreceive a windfall profit because the savings are usu. \nnot passed on to the property owner. The subcontrac\ntor whose bid is used in the initial proposal can seek to \navoid bid-shopping by insisting that it be irrevocably \nnamed in the contract as the project's subcontractor. \nbid wanted. Securities. A dealer's notation that bids are \nbeing sought from anyone on a security for sale . The \nnotation appears in the pink sheets. -Abbr. BW. See \nPINK SHEET. \nbiennial session. See SESSION (1). \nbiennium (bI-en-ee-;3m). 1. A two-year period. 2. The \nperiod for which many state legislatures make appro\npriations. [Cases: States (;:::::' 131.] \nbiens (beenz or byenz). [French] Hist. Goods; property. \n Biens includes real property in most civil-law juriS\ndictions. Cf. BONA. \n\nbifactoral obligation. See OBLIGATION. \nbifurcated divorce. See divisible divorce under DIVORCE. \nbifurcated trial. See TRIAL. \nbigamous (big-~-m~s), adj. 1. (Of a person) guilty of \nbigamy. 2. (Of a marriage) involving bigamy. \nbigamus (big-~-m~s), n. Hist. 1. One who commits \nbigamy; a bigamist. 2. A man who marries a widow, or \nwho remarries. _ Under ecclesiastical law, a bigamus \ncould be denied benefit of clergy. \nbigamy, n. (13c) 1. The act of marrying one person while \nlegally married to another. -Bigamy is distinct from \nadultery: It is a criminal offense if it is committed know\ningly. In 1878, the U.S. Supreme Court held that the \ngovernment was not constitutionally prohibited from \nbanning Mormon polygamy. Reynolds v. United States, 98 \nU.S. (8 Otto) 145 (1878). [Cases: BigamyC=> 1; Marriage \n2. Eccles. law. The act of marrying a widow or \nwidower, or a divorced person . Somewhat surprisingly, \nsense 2 is valid even under modern ecclesiastical law, but \nit is not an offense, only a bar to entering holy orders. -\nAlso termed sequential marriage. See DEUTEROGAMY. Cf. \nPOLYGAMY; MONOGAMY; ADULTERY. -bigamist, n. \nbig bath. Slang. A write-oil of significant costs, taken \nto shed an unprofitable business line or to remove the \nnecessity for future write-offs. \nBig Board. 1. The New York Stock Exchange . This sense \nof Big Board may have derived from the former name of \nthe NYSE -New York Stock and Exchange Board. 2. A \nquotation display showing the current prices of securi\nties listed on the New York Stock Exchange. \nbig pot. See MAIN POT. \nbilagines (bIlay-j~-neez). [Law Latin] Hist. Town bylaws; \nlaws made by a town's inhabitants for their own gov\nernment. \nbilan (bee-Iahn). [French \"balance sheet\"] Civil law. A \nbook used by bankers and merchants to record all that \nthey owe and all that is owed to them; a balance sheet. \nbilanciis deferendis (b~-lan-shee-is def-~r-en-dis). \nHist. An obsolete writ ordering a corporation to carry \nweights to a given place to weigh wool licensed for \ntransportation. \nbilateral, adj. (l8c) Affecting or obligating both parties \n<a bilateral contract>. \nbilateral act. See ACT. \nbilateral advance pricing agreement. See ADVANCE \nPRICING AGREEMENT. \nbilateral contract. See CONTRACT. \nbilateral mistake. See mutual mistake (1) under \nMISTAKE. \nbilateral monopoly. See MONOPOLY. \nbilboes (bil-bohz). Hist. 1. A device for punishment \nat sea consisting of a board with holes that secure an \noffender's hands and feet. Cf. STOCKS. 2. An iron bar \nwith sliding shackles for confining the ankles of pris\noners, esp. on shipboard. bill, n. (14c) 1. A formal written complaint, such as a \ncourt paper requesting some specific action for reasons \nalleged. 2. An equitable pleading by which a claimant \nbrings a claim in a court of equity . Before the merger \noflaw and equity, the bill in equity was analogous to a \ndeclaration in law. The nine parts of every equitable bill \nare (1) the address to the person holding the great seal, \n(2) the introduction, which identifies the parties, (3) the \npremises, which state the plaintiff's case, (4) the confed\nerating part, in which the defendants are charged with \ncombination, (5) the charging part, in which the plain\ntiff may try to overcome defenses that the defendants \nmay allege, (6) the jurisdictional clause, showing that \nthe court has jurisdiction, (7) the interrogating part, \ninserted to try to compel a full and complete answer, \n(8) the prayer for relief, and (9) the prayer for process to \ncompel the defendants to appear and answer. Also \ntermed bill in equity. See DECLARATION (7). -Also \ntermed bill in chancery; bill of chancery; bill of equity; \nbill for foreclosure. [Cases: Equity (';::::: 128-153.] \n\"The statement of the plaintiff's cause of action in equity \nis called the bill. To this bill the defendant (unless he could \nprotect himself by a demurrer or a plea) was obliged to \nput in an answer under oath.\" George Tucker Bispham, \nThe Principles of Equity: A Treatise on the System of Justice \nAdministered in Courts of Chancery  9, at 12 (11th ed. \n1931). \nbill for a new trial. A bill in equity to enjOin a judgment \nand to obtain a new trial because of some fact that \nwould render enforcement of the judgment inequi\ntable . The fact must have been either unavailable \nor unknown to the party at trial through fraud or \naccident. Cf. MOTION FOR NEW TRIAL. [Cases: New \nTrial C=> 167.1 \nbillfor redemption. See bill of redemption . \nbill in aid of execution. A bill filed by a judgment \ncreditor to set aside a fraudulent encumbrance or COI1-\nveyance. [Cases: Fraudulent Conveyances \nbill in perpetuam rei memoriam. See bill to perpetu-\nate testimony. \nbill in the nature of a bill of review. A post judgment bill \nof review filed by someone who was neither a party to \nthe original suit nor bound by the decree sought to \nbe reversed. Also termed supplemental bill in the \nnature of a bill of review. [Cases: Equity (>442.] \nbill in the nature of a bill of revivor. A bill filed when a \nlitigant dies or becomes incapacitated before the liti\ngant's interest in property could be determined . 'The \npurpose of the bill is to resolve who holds the right to \nrevive the original litigation in the deceased's stead. \n[Cases: Equity (::::::303.] \nbill in the nature of a supplemental bill. A bill bringing \nto court new parties and interests arising from events \nthat occur after the suit is filed . A supplemental bill, \nin contrast, involves parties or interests already before \nthe court. [Cases: Equity C:::>294.] \nbill in the nature of interpleader. A bill of interpleader \nfiled by a person claiming an interest in interpleaded \nproperty. [Cases: Interpleader C:::>23.J \n\n185 \nbill of certiorari. (18c) A bill in equity seeking removal \nof an action to a higher court. See CERTIORARI. [Cases: \nCertiorari ~42(.5).1 \nbill of complaint. An original bill that begins an action \nin a court of equity. See COMPLAINT (1). [Cases: Equity \n(.::::'128-153.] \n\"A suit in equity, under the procedure of the English Court \nof Chancery, which was generally adopted in the American \nStates prior to the code, is instituted by the plaintiff filing \na bill of complaint. The plaintiff is usually called the com \nplainant, in the Federal courts the complainant or plain\ntiff indifferently. The bill is in substance a petition to the \nchancellor, or judge of the court of equity, setting forth at \nlarge the grounds of the suit, and praying the process of \nthe court;its subpoena, to bring the defendant into court \nand compel him to answer the plaintiff's bill, and, also, for \nsuch relief by decree or interlocutory remedy, by way of \ninjunction, etc., as the plaintiff supposes himself entitled \nto.\" Edwin E. Bryant, The Law of Pleading Under the Codes \nof Civil Procedure 55 (2d ed. 1899). \nbill of conformity. A bill filed by an executor or admin\nistrator who seeks the court's guidance in administer\ning an estate. -The bill is usu. filed to adjust creditors' \nclaims. \nbill of costs. (l6c) A certified, itemized statement of \nthe amount of costs owed by one litigant to another, \nprepared so that the prevailing party may recover the \ncosts from the losing party. Also termed cost bill. \n[Cases: Costs ~202; Federal Civil Procedure ~ \n2742.1.] \nbill of discovery. (17c) A bill in equity seeking disclo\nsure of facts within the opposing party's knowledge. \nSee DISCOVERY. [Cases: Equity C-=' 129.] \nbill of evidence. A transcript of testimony heard at \ntrial. \nbill of exceptions. (l7c) 1. A formal"}
{"text": "evidence. A transcript of testimony heard at \ntrial. \nbill of exceptions. (l7c) 1. A formal written state\nment -Signed by the trial judge and presented to \nthe appellate court -of a party's objections or excep\ntions taken during trial and the grounds on which \nthey are founded. -These bills have largely been \nreplaced by straight appeals under the Federal Rules \nof Civil Procedure. See EXCEPTION (1). [Cases: Excep\ntions, Bill of~ 1.]2. In some jurisdictions, a record \nmade to preserve error after the judge has excluded \nevidence. \nbill of foreclosure. A bill in equity filed by a lender to \nhave mortgaged property sold to satisfy all or part \nof the secured, unpaid debt. [Cases: Mortgages ~ \n444.] \nbill of interpleader. An original bill filed by a party \nagainst two or more persons who claim from that \nparty the same debt or duty. -The requesting party \nasks the court to compel the contenders to litigate \nand establish their rights to the debt or the duty. See \nINTERPLEADER. [Cases: Interpleader C=23.] \n\"The common law offered the stakeholder no relief, in that \nif he paid in good faith to one claimant, he might never\ntheless be sued by and required to pay another claimant. \nAnd a judgment at law in favor of one claimant against \nthe stakeholder was no defense to an action against the \nstakeholder by another claimant. However, in equity the \nbill or suit of interpleader offers him a remedy in that he bill \nmay interplead (bring) into one action all of the claim \nants, turn the money or property over to the court, be \nhimself dismissed from the proceeding, and have the court \ndeCide which of the claimants is entitled to the fund or \nproperty .... \" William Q. de Funiak, Handbook of Modern \nEqu;ty 108, at 241-42 (2d ed. 1956). \nbill of peace. (18c) An equitable bill filed by one who \nis threatened with multiple suits involVing the same \nright, or with recurrent suits on the same right, asking \nthe court to determine the question once and for all, \nand to enjoin the plaintiffs from proceeding with the \nthreatened litigation. -One situation involves many \npersons having a common claim but threatening to \nbring separate suits; another involves one person \nbringing a second action on the same claim. [Cases: \nEquity ~51(1).1 \n\"By a bill of peace we are to understand a bill brought by a \nperson to establish and perpetuate a right which he claims, \nand which, from its nature, may be controverted by differ \nent persons, at different times, and by different actions; or, \nwhere separate attempts have already been unsuccessfully \nmade to overthrow the same right, and justice requires \nthat the party should be quieted in the right, if it is already \nsufficiently established; or if it should be sufficiently estab\nlished under the direction of the court. The obvious design \nof such a bill is to procure repose from perpetual litigation, \nand therefore, it is justly called a bill of peace.\" Joseph \nStory, Commentaries on Equity jurisprudence  853, at 567 \n(W.E. Grigsby ed., 1st English ed. 1884). \n\"If there was a dispute as to some right involving a mul\ntipliCity of persons (e.g., as to a man's right to take tolls, \nor to a right of way traversing many estates), a bill of \npeace could be brought in equity to establish the right \nand so secure repose from the prospect of incessant or \nmultifarious litigation. Bills of peace have now in practice \nbeen superseded by modern procedural provisions for the \njoinder of parties and for representative actions.\" Robert E. \nMegarry & P.V. Baker, Snell's Principles of Equity 570 (27th \ned. 1973). \nbill of privilege. Rist. The formal process for suing an \nattorney or officer of the court. \n\"Attorneys and all other persons attending the courts \nof justice (for attorneys, being officers of the court, are \nalways supposed to be there attending) are not liable to \nbe arrested by the ordinary processes of the court, but \nmust be sued by a bill, called usually a bill of privilege, as \nbeing personally present in court.\" William BlaCkstone, 3 \nCommentaries on the Laws of England 289 (1768). \nbill of redemption. A bill in equity filed to enforce \na right to redeem real property, usu. following a \nmortgage foreclosure or a delinquent-tax sale. -Also \ntermed bill for redemption. \nbill of review. (17c) A bill in equity requesting that a \ncourt reverse or revise a prior decree. [Cases: Equity \n(;:::=:c442.] \nbill of revivor. (17c) A bill filed for the purpose of \nreviving and continuing a suit in equity when the \nsuit has been abated before final consummation. -\n'Ibe most common cause of such an abatement is the \ndeath of either the plaintiff or the defendant. [Cases: \nEquity C=;> 303.] \nbill of revivor and supplement. A compound of a sup\nplemental bill and a bill of revivor, joined for con\nvenience. -Its distinct parts must be framed and \n\nbill \nproceeded on separately. [Cases: Equity (::::::>294-\n309.] \nbill quia timet. An equitable bill used to guard against \npossible or prospective injuries and to preserve the \nmeans by which existing rights are protected from \nfuture or contingent violations. _ It differs from an \ninjunction, which corrects past and present -or \nimminent and certain -injuries. One example is a \nbill to perpetuate testimony. See QUIA TIMET. [Cases: \nEquity (::::::> 17.] \nbill to carry a decree into execution. A bill brought \nwhen a decree could not be enforced without further \ncourt order because of the parties' neglect or for some \nother reason. -Also termed bill to enJorce a decree. \n[Cases: Equity C:J438.] \nbill to perpetuate testimony. (l8c) An original bill to \npreserve the testimony of a material witness who \nmay die or leave the jurisdiction before a suit is com\nmenced, or to prevent or avoid future litigation. -\nAlso termed bill in perpetuam rei memoriam. [Cases: \nFederal Civil Procedure c> 1293; Pretrial Procedure \nbill to suspend a decree. A bill brought to set aside a \ndecree. [Cases: EquityC:~430.1 \nbill to take testimony de bene esse (dee or dJ bee-nee \nes-ee also day ben-ay es-ay). A bill brought to take tes\ntimony pertinent to pending litigation from a witness \nwho may be unavailable at the time of triaL [Cases: \nFederal Civil Procedure (::::::> 1293; Pretrial Procedure \ncost bill. See bill oj costs. \ncross-bill. A bill brought by the defendant against the \nplaintiff in the same suit, or against other defendants \nin the same suit, relating to the matters alleged in the \noriginal bilL [Cases: Equity (::::::> 195-206.] \nnonoriginal bill. A bill relating to some matter already \nlitigated by the same parties. -It is an addition to or \na continuation of an original bilL \noriginal bill. A bill relating to some matter that has \nnever before been litigated by the same parties with \nthe same interests. [Cases: Equity C=) 128-153.] \nskeleton bill oj exceptions. A bill of exceptions that, in \naddition to the formal parts, contains only the court's \ndirections to the clerk to copy or insert necessary doc\numents into the record for appellate review, but does \nnot contain the actual evidence or trial-court rulings. \n-For example, the statement \"the clerk will insert \nthe official transcript here\" is typically a skeleton bilL \n[Cases: Exceptions, Bill of C='23.] \nsupplemental bill. A bill filed for the purpose of adding \nsomething to an original bilL -This addition usu. \nresults from the discovery of new facts or from a new \nunderstanding of facts after the defendant has put on \na defense. [Cases: Equity (::::::>294-301.] \nsupplemental bill in the nature of a bill oj review. See \nbill in the nature oj a bill oj review. 186 \n3. A legislative proposal offered for debate before its \nenactment. [Cases: Statutes (::::::>1-23.] \nadministration bill. A bill drafted and submitted by \nthe executive branch. \nappropriations bill. (18c) A bill that authorizes gov\nernmental expenditures. _ The federal government \ncannot spend money unless Congress has appropri\nated the funds. u.s. Canst. art. I,  9, cl. 7. -Also \ntermed spending bill. See APPROPRIATION (2), (3). \n[Cases: United States (::::::>85.] \nbudget bill. A bill designating how money will be allo\ncated for the following fiscal year. \ndean bill. A bill that has been changed so much by a \nlegislative committee that it is better to introduce a \nnew bill (a \"clean\" one) than to explain the changes \nmade. Also termed committee substitute. \ncompanion bill. A bill introduced in the other house \nof a bicameral legislature in a substantially identical \nform. \ndeficiency bill. An appropriations bill covering \nexpenses omitted from the general appropriations \nbills, or for which insufficient appropriations were \nmade. -An urgent deficiency bill covers immediate \nexpenses usu. for one item, and a general deficiency \nbill covers a variety of items. \nengrossed bill. (ISc) 1. A bill in a form ready for final \npassage by a legislative chamber. 2. A bill in the form \npassed by one house of the legislature. See ENGROSS \n(3); ENGROSSMENT (2). \n\"An engrossment is a proofreading and verification in order \nto be certain that the bill before the house is identical with \nthe original bill as introduced with all amendments that \nhave been adopted correctly inserted.\" National Confer\nence of State Legislatures, Mason's Manual of Legislative \nProcedure  735-2, at 525 (2000). \nenrolled bill. (l8c) A bill passed by both houses of the \nlegislature and signed by their presiding officers. See \nE:-.IROLL (2); ENROLLED-BILL RULE. [Cases: Statutes \n(::::::>37.] \nhouse bill. (often cap.) (1871) A legislative bill being \nconsidered by a house of representatives. -Abbr. H; \nH.B. \nmoney bill. See revenue bill. \nmust-pass bill. Legislation of vital importance, such \nas an appropriation without which the government \nwill shut down. - A must-pass bill will often attract \nunrelated riders. See RIDER. \nomnibus bill. (1840) 1. A Single bill containing various \ndistinct matters, usu. drafted in this way to force the \nexecutive either to accept all the unrelated minor \nprovisions or to veto the major provision. 2. A bill \nthat deals with all proposals relating to a particular \nsubject, such as an \"omnibus judgeship bill\" covering \nall proposals for new judgeships or an \"omnibus \ncrime bill\" dealing with different subjects such as new \ncrimes and grants to states for crime control. \n\n187 \npre filed bill. A bill that has been drafted and submitted \nbefore a legislative session begins. \nprivate bill. A bill relating to a matter of personal or \nlocal interest only. Cf. special law under LAW. \n\"A private Bill is a measure for the interest of some person \nor class of persons, whether an individual, a corporation, or \nthe inhabitants of a county, town, parish, or other locality, \nand originates on the motion of some member of the [leg' \nislature] in which the Bill is introduced.\" Courtenay P. libert, \nLegislative Methods and Forms 28 (1901). \npublic bill. (ISc) A bill relating to public policy in the \nwhole community. \nrevenue bill. (ISc) A bill that levies or raises taxes . \nFederal revenue bills must originate in the House of \nRepresentatives. U.S. Const. art. I,  7, d. 1. -Also \ntermed money bill. \nsenate bill. (often cap.) (1S57) A legislative bill being \nconsidered by a senate. -Abbr. S.B. \nspending bill. See appropriations bill. \n4. An enacted statute <the GI Bill>. 5. An itemized list \nof charges; an invoice <hospital bill>. See FEE STATE\nMENT. \nbill of parcels. 1. A seller's itemized list of goods and \nprices. intended to assist a buyer in detecting any \nmistakes or omissions in a shipment of goods. 2. \nINVOICE. \nbill payable. See account payable under ACCOUNT. \nbill receivable. See account receivable under ACCOUNT. \nbill rendered. See account rendered under ACCOUNT. \n6. A bill of exchange; a draft <the bank would not \nhonor the unsigned bill>. See DRAFT (1). [Cases: Bills \nand Notes P 1.) \nadvance bill. A bill of exchange drawn before the \nshipment of the goods. \nbanker's bill. See finance bill. \nblank bill. A bill with the payee's name left blank. Cf. \nDRAFT (1). \ndomestic bill. 1. A bill of exchange that is payable in the \nstate or country where it is drawn. [Cases: Bills and \nNotes 128.] 2. A bill on which both the drawer \nand drawee reside within the same state or country. -\nAlso termed (in sense 2) inland bill of exchange. Cf. \nforeign bill. [Cases: Bills and NotesP13.] \nfinance bill. A bill of exchange drawn by a bank in one \ncountry on a bank in another country to raise short\nterm credit.  Finance bills are often issued in tight \nmoney periods, and usu. have maturity dates of more \nthan 60 days. Also termed banker's bill; working \ncapital acceptance. \nforeign bill. A bill of exchange drawn in one state or \ncountry and payable in another. Cf. domestic bill. \n[Cases: Bills and Notes P 13, 128. J \ninland bill of exchange. See domestic bill (2). \ninvestment bill. A bill"}
{"text": "13, 128. J \ninland bill of exchange. See domestic bill (2). \ninvestment bill. A bill of exchange purchased at a \ndiscount and intended to be held to maturity as an \ninvestment. bill broker \n7. A formal document or note; an instrument <bill of \nsale>. \n\"The expression 'bill of sale' includes bills of sale, assign\nments. transfers, declarations of trust without transfer, \ninventories of goods with receipts thereto attached, or \nreceipts for purchase-monies of goods, and other assur \nances of personal chattels, and also powers of attorney, \nauthorities, or licences to take possession of personal \nchattels as security for any debt, and also any agreement, \nwhether intended or not to be followed by the execution \nof any other instrument, by which a right in equity to any \npersonal chattels, or to any charge or security thereon, \nshall be conferred .... \" Joshua Williams, Principles of the \nLaw of Personal Property 60 (11th ed. 1881) (tracking the \ndefinition in the [U.K.] Bills of Sale Act of 1878). \n\"A transfer may be either an absolute assignment by way \nof gift or sale, or an assignment by way of mortgage or \nsecurity only; but in either case when a written document \nof any sort is used to effect the transfer, the document is \ncalled technically a 'bill of sale.''' Arthur Weldon & H. Gibson \nRivington, Gibson's Conveyancing 302 (14th ed. 1933). \nbill obligatory. A written promise to pay; a promissory \nnote under seal. -Also termed single bond. See NOTE \n(1). [Cases: Bills and Notes (;:::::>41.] \nbill of debt. A debt instrument, such as a bill obligatory \nor promissory note. [Cases: Bills and Notes P2S.] \nbill of lading. See BILL OF LADING. \nbill penal. A written promise to pay that carries a \npenalty in excess of the underlying debt for failure \nto pay. Cf. bill single. \nbill single. A written promise to pay that is not under \nseal and has no penalty for failure to pay. Also \ntermed Single bill. Cf. bill penal. \ngrand bill of sale. 1. Hist. An instrument used to \ntransfer title to a ship that is at sea. 2. An instrument \nused to transfer title of a ship from the builder to the \nfirst purchaser. \nsingle bill. See bill single. \nskeleton bill. A bill drawn, indorsed, or accepted in \nblank. \n8. A piece of paper money <a $10 bill>. 9. A promissory \nnote <the debtor Signed a bill for $7,000>. [Cases: Bills \nand Notes (;:::::>28.) \nbillable hour. (196S) A unit of time used by an attorney, \nlaw clerk, or paralegal to account for work performed \nand chargeable to adient.  Billable hours are usu. \ndivided into quarters or tenths of an hour. [Cases: \nAttorney and Client C:> 140.] \nbillable time. (1966) An attorney's, law clerk's, or para\nlegal's time that is chargeable to a client. Cf. NONBILL\nABLE TIME. [Cases: Attorney and Client P 140.J \nbilla cassetur (bil-a kd-see-tar). See CASSETUR BILLA. \nbilla excambii (bil-a eks-kam-bee-l). [Latin] See BILL \nOF EXCHANGE. \nbilla exonerationis (bit-a ig-zon-a-ray-shee-oh-nis). \n[LatinJ See BILL OF LADING. \nbilla vera (bil-d veer-d). [Latin) See TRUE BILL. \nbill broker. A middleman who negotiates the purchase \nor sale of commercial paper. \n\nBill Chamber. Hist. Scots law. A division of the Court \nof Session in which some remedies could be granted. \n-The Lord Ordinary on the Bills presided over the \ncourt. It was abolished in 1933 and merged into the \nCourt of Session. \nbilleta (bil-;:J-t;:J). Rist. A proposed statute or petition pre\nsented in Parliament. \nbillhead. A printed invoice containing a business's name \nand address. \nbill in aid of execution. See BILL (2). \nbill in equity. See BILL (2). \nbilling cy~le. The period between billings for goods sold \nor services rendered. \nbill in perpetuam rei memoriam. See bill to perpetuate \ntestimony under BILL (2). \nbill number. The number assigned to a proposed piece of \nlegislation, typically designating the house in which it \nwas introduced (S for senate or HR for house of repre\nsentatives) followed by a sequential number. \nbill of adventure. Maritime law. A shipper's written \nstatement that the shipped property belongs to another \nand is conveyed at the owner's risk. \nbill of attainder. (l7c) 1. Archaic. A special legislative \nact that imposes a death sentence on a person without \na trial. 2. A special legislative act prescribing punish\nment, without a trial, for a specific person or group. _ \nBills of attainder are prohibited by the U.S. Constitu\ntion (art.!'  9, c1. 3; art. I,  10, cl. 1). Also termed \nact of attainder. See ATTAINDER; BILL OF PAINS AND \nPENALTIES. [Cases: Constitutional Law ~ 1095.] \nbill of credit. 1. Legal tender in the form of paper, issued \nby a state and involving the faith of the state, designed \nto circulate as money in the ordinary uses ofbusiness. \nU.S. Const. art. I,  10. [Cases: States (;::::::-145.] 2. LETTER \nOF CREDIT. \nbill of debt. See BILL (7). \nbill of entry. Maritime law. A written description of \ngoods filed by an importer with customs officials to \nobtain permission to unload a ship's goods. \nbill of exchange. See DRAFT (1). \nbill of health. Maritime law. A statement certifying the \nhealthy condition of a ship's cargo and crew. -The \nbill is issued by the port authority from which a vessel \nsails and is shown to the port authority at the ship's \ndestination as proof that the ship's cargo and crew \nare disease-free. A \"clean\" bill states that no conta\ngious or infectious diseases were present at the port; a \n\"touched\" or \"foul\" bill states that the named disease \nwas suspected, anticipated, or actually present. [Cases: \nShipping \nbill of indemnity. 1. Hist. An act of Parliament passed \nannually to protect officeholders who unwittingly fail \nto take a required oath from liability for acts done in an \nofficial capacity. - A more general statute, the Promis\nsory Oaths Act, replaced the bill of indemnity in 1868. \n2. A law protecting a public official from liability for official acts. [Cases: Officers and Public Employees \n114.] 3. An initial pleading by which a plaintiff seeks to \nrequire another (often an insurance company) to dis\ncharge the plaintiff's liability to a third person. \nbill of indictment. (16c) An instrument presented to \na grand jury and used by the jury to declare whether \nthere is enough evidence to formally charge the accused \nwith a crime. See INDICTMENT; NO BILL; TRUE BILL. \nbill of information. 1. INFORMATION. 2. Rist. A civil suit \nbegun by the Crown or by those under its protection, \nsuch as a charity. \nbill of interpleader. See BILL (2). \nbill oflading (layd-ing). (l6c) A document acknowledg\ning the receipt of goods by a carrier or by the shipper's \nagent and the contract for the transportation of those \ngoods; a document that indicates the receipt of goods \nfor shipment and that is issued by a person engaged in \nthe business of transporting or forwarding goods. UCC \n 1-201(6). - A negotiable bill oflading is a document \nof title. -Abbr. B/L. -Cf. WAYBILL; AIRBILL. [Cases: \nCarriers Shipping C:=', 106.] \n\"A bill of lading may be regarded in three several aspects. \n(l) It is a receipt given by the master of a ship acknowledg\ning that the goods specified in the bill have been put on \nboard; (2) it is the document [that] contains the terms ofthe \ncontract for the carriage of the goods agreed upon between \nthe shipper of the goods and the shipowner (whose agent \nthe master of the ship is); and (3) it is a 'document of title' \nto the goods, of which it is the symbol. It is by means of \nthis document of title that the goods themselves may be \ndealt with by the owner of them while they are still on \nboard ship and upon the high seas.\" William R. Anson, \nPrinciples of the Law of Contract 380 (Arthur L. Corbin ed . \n3d Am. ed. 1919). \nbearer bill of lading. A negotiable bill oflading that \nauthorizes the carrier or holder of freight to deliver \nit to the bearer. \nclaused bill of lading. See unclean bill o.flading. \nclean bill of lading. A bill oflading containing no clause \nor notation qualifying the bill's terms. -Possible \nclauses or notations could include a provision for deck \nstorage or a recording of cargo damage. Cf. unclean \nbill of lading. [Cases: Carriers ~52(2).1 \ndestination bill of lading. A bill procured to be issued \nat the destination point or any other place than the \nplace of shipment. UCC  7-305. [Cases: ShippingC:::, \n106(3).] \nfoul bill of lading. See unclean bill of lading. \nlong-form bill of lading. A bill oflading that expressly \ncontains all the terms of the transportation contract. \nCf. short-form bill of lading. \nnegotiable bill of lading. A bill oflading calling for the \ndelivery of goods to the bearer or to a named person's \norder. UCC  7-104. [Cases: Carriers ~54; Shipping \n~106(5).1 \nnonnegotiable bill of lading. See straight bill of \nlading. \n\n189 \nocean bill of lading. A negotiable bill oflading used in \nshipment by water. -Often shortened to ocean bill. \n[Cases: Shipping (:::::c 106.J \nonboard bill of lading. A bill oflading reflecting that \ngoods have been loaded onto a ship . In multimodal \nshipments, an on board bill of lading may include \ngoods loaded onto land vehicles also. Often short\nened to onboard bill. \norder bill of lading. A negotiable bill oflading stating \nthat the goods are consigned to the order of the person \nnamed in the bilL [Cases: Carriers 054.J \noverseas bill of lading. A bill oflading used for overseas \nshipment by water or air. UCC  2-323 . In air freight, \nan overseas bill of lading is called an air waybill. \nOften shortened to overseas bill. [Cases: Shipping C=~ \n106(1).J \nshort-form bill of lading. A bill of lading that does \nnot expressly contain all the terms of the transporta\ntion contract, but incorporates them by reference to \nanother document, usu. one at the office of the carrier. \n[Cases: Shipping (:::::c 140.J \nspent bill of lading. A negotiable bill of lading that \nis not produced, canceled, or surrendered after the \ncarrier has delivered the goods. -Often shortened \nto spent bill. \nstraight bill of lading. A nonnegotiable bill of lading \nthat specifies a consignee to whom the carrier is con\ntractually obligated to deliver the goods . In some \ncountries, including England, a document is not a bill \noflading unless it is negotiable. -Also termed non\nnegotiable bill of lading. [Cases: Carriers <)::;;51.] \nthrough bill of lading. A bill oflading by which a carrier \nagrees to transport goods to a designated destination, \neven though the carrier will have to use a connecting \ncarrier for part of the passage. UCC  7-302. Often \nshortened to through bill. [Cases: Carriers (;::::051.J \nunclean bill of lading. A bill oflading that shows on its \nface that the goods were damaged or that there was \na shortage of goods at the time of shipment. -Also \ntermed claused bill oflading;foul bill of lading. Cf. \nclean bill of lading. \nbill of Middlesex. Hist. A process by which the Court \nof the King's Bench in Middlesex obtains jurisdiction \nover a defendant who resides in a county outside the \nCourt's jurisdiction, by alleging a fictitious trespass in \na county over which the court has jurisdiction . Once \nthe sheriff returns the bill noting that the defendant is \nnot in the county where the trespass occurred, a latitat \nis issued to the sheriff of the defendant's actual resi\ndence. See LATITAT. \n\"The bill of Middlesex is a kind of capias, directed to the \nsheriff of that county, and commanding him to take the \ndefendant, and have him before our lord the king at West\nminster on a day prefixed, to answer to the plaintiff of \na plea of trespass. For this accusation of trespass it is, \nthat gives the court of king's bench jurisdiction in other \ncivil causes, as was formerly observed; since when once \nthe defendant is taken into custody ... , he, being then \na prISoner of this court, may here be prosecuted for any bill of sight \nother species of injury.\" 3 William Blackstone, Commentar\nies on the Laws of England 285 (1768). \nbill of mortality. Hist. A record of the number of deaths \noccurring in a given district.  Bills of mortality were \ncompiled -often week to week in England from \nlate in the 16th century to the 19th century as a way to \nkeep track of the plague and other highly contagious \ndiseases. \nbill of pains and penalties. (ISc) A legislative act that, \nthough similar to a bill of attainder, prescribes pun\nishment less severe than capital punishment.  Bills of \npains and penalties are included within"}
{"text": "attainder, prescribes pun\nishment less severe than capital punishment.  Bills of \npains and penalties are included within the U.S. Con\nstitution's ban on bills of attainder. U.S. Const. art I,  \n9. [Cases: Constitutional Law C=> 1095.] \nbill of parcels. See BILL (5). \nbill of particulars. (1831) A formal, detailed statement of \nthe claims or charges brought by a plaintiff or a pros\necutor, usu. filed in response to the defendant's request \nfor a more specific complaint . The bill of particulars \nhas been abolished in federal civil actions and replaced \nby the motion for a more definite statement. See Fed. \nR. Civ. P. 12(e). But it is still used in some states (such \nas California) and in federal criminal cases. See Fed. R. \nCrim. P. 7(f). Also termed statement of particulars. \nSee MOTION FOR MORE DEFINITE STATEMENT. [Cases: \nFederal Civil Procedure 0943; Indictment and Infor\nmation (;:::::) 121; Pleading 0:;;313.J \n\"Although it has been said that the bill of particulars is \nnot a discovery device, it seems plain that it is a means of \ndiscovery, though of a limited nature. It is the one method \nopen to a defendant in a criminal case to secure the details \nofthe charge against him.\" 1 Charles Alan Wright, Federal \nPractice and Procedure  129. at 646-47 (3d ed. 1999). \nbill of peace. See BILL (2). \nbill of privilege. See BILL (2). \nbill of redemption. See BILL (2). \nbill of review. See BIl.L (2). \nbill of revivor. See BILL (2). \nbill of revivor and supplement. See BILL (2). \nbill of rights. (lSe) 1. (usu. cap.) A section or addendum, \nusu. in a constitution, defining the situations in which \na politically organized society will permit free, spon\ntaneous, and individual activity, and guaranteeing that \ngovernmental powers will not be used in certain ways; \nesp., the first ten amendments to the U.S. Constitu\ntion. [Cases: Constitutional Law C:::o 1067.]2. (cap.) One \nof the four great charters of English liberty (1 W. & \nM. (1689)), embodying in statutory form all the prin\nciples of the other three charters, namely, Magna Carta, \nthe Petition of Right (3 Car. I, 1628), and the Habeas \nCorpus Act (31 Car. 2,1679). \nbill of sale. (16c) An instrument for conveying title to \npersonal property, absolutely or by way of security. Cf. \nDEED. [Cases: Sales 141, \nbill of sight. Maritime law. A declaration made to a \ncustoms officer by an importer who is unsure about \n\nbill of store \nwhat is being shipped . The bill of sight allows an \nimporter to inspect the goods before paying duties. \nbill of store. Hist. A license authorizing a merchant to \ncarry necessary stores and provisions free of duty. \nbill of sufferance. Hist. A license authorizing a merchant \nto trade between English ports without paying customs \nduties. \nbill payable. See account payable under ACCOUNT. \nbill penal. See BILL (7). \nbill quia timet. See BILL (2). \nbill receivable. See account receivable under ACCOUNT. \nbill rendered. See account rendered under ACCOUNT. \nbills and notes. 1. See PAPER (1). 2. See PAPER (2). \nbills in a set. A bill oflading made up of a series ofinde\npendent parts, each bearing a number and providing \nthat goods delivered against anyone part voids the \nother parts . Traditionally, in overseas-goods ship\nments, the parts of this type of bill were sent under \nseparate cover so that if one was lost, the buyer could \ntake delivery of the goods with another one. UCC  \n7-304. \nbill single. See BILL (7). \nbill status. The current state of a proposed law in the leg\nislative process, such as its assignment to a committee, \nits schedule for a hearing or a vote, and its passage or \ndefeat by one or both houses. \nbill taken pro confesso (proh bn-fes-oh). [Latin \"as if \nadmitted\"] Hist. An order issued by a court of equity \nwhen a defendant fails to file an answer. \nbill to carry a decree into execution. See BILL (2). \nbill to enforce a decree. See bill to carry a decree into \nexecution under BILL (2). \nbill to perpetuate testimony. See BILL (2). \nbill to suspend a decree. See BILL (2). \nbill to take testimony de bene esse. See BILL (2). \nbimetallism. A monetary system in which currency is \ndefined in terms of two metals (usu. gold and silver), \nboth being legal tender and with a fixed rate of exchange \nbetween them . The American money system was \nbased on a bimetallic standard from 1792 to 1873. \nbind, vb. (I5c) 1. To impose one or more legal duties on (a \nperson or institution) <the contract binds the parties> \n<courts are bound by precedent>. 2. Hist. To indenture; \nto legally obligate to serve. binding, adj. -bind\ningness, n. \nbind day. See BOON DAY. \nbinder. 1. A document in which the buyer and the seller \nof real property declare their common intention to \nbring about a transfer of ownership, usu. accompa\nnied by the buyer's initial payment. 2. Loosely, the \nbuyer's initial payment in the sale of real property. Cf. \nEARNEST MONEY. 3. An insurer's memorandum giving \nthe insured temporary coverage while the application \nfor an insurance policy is being processed or while the 190 \nformal policy is being prepared. [Cases: Insurance (;::-.:> \n1748.] Also termed binding receipt; binding slip. \nbinding, adj. (14c) 1. (Of an agreement) having legal \nforce <a binding contract>. 2. (Of an order) requiring \nobedience <the temporary injunction was binding on \nthe parties>. \nbinding agreement. See AGREEMENT. \nbinding arbitration. See ARBITRATION. \nbinding authority. 1. See binding precedent under PREC\nEDENT. 2. See imperative authority under AUTHORITY. \nbinding instruction. See mandatory instruction under \nJURY INSTRUCTION. \nbinding precedent. See PRECEDENT. \nbinding receipt. See BINDER. \nbinding slip. See BINDER. \nbind over, vb. (16c) 1. To put (a person) under a bond or \nother legal obligation to do something, esp. to appear \nin court. 2. To hold (a person) for trial; to turn (a defen\ndant) over to a sheriff or warden for imprisonment \npending further judicial action . A court may bind \nover a defendant if it finds at a preliminary examination \nthat there is enough evidence to require a trial on the \ncharges against the defendant. [Cases: Criminal Law \nC=:>240.] -binding over, n. bindover, a~i. \nbindover hearing. See PRELIMINARY HEARING. \nbiochemical warfare. See WARFARE. \nbiological, adj. 1. Of or relating to biology or life <bio\nlogical study>. 2. Genetically related <biological \nparents>. \nbiological child. See natural child (1) under CHILD. \nbiological father. See FATHER. \nbiological material. Patents. Patentable microorgan\nisms -such as bacteria, fungi, algae, protozoa, and \nviruses that are capable of self-replication . To \nsatisfy the Patent Act's enablement requirement, bio\nlogical material that is the subject of a U.S. patent \napplication must be depOSited in an appropriate cell \ndepository before the patent is granted. \nbiological mother. See MOTHER. \nbiological parent. See PARENT. \nbiological terrorism. See bioterrorism under TERROR\nISM. \nbiological warfare. See WARFARE. \nbiotechnology. Patents. A branch of molecular biology \ndealing with the use of biological processes to produce \nuseful medical and industrial materials. Cf. GENETIC \nENGINEERING. \nBiotechnology Patent Process Protection Act. Patents. \nA 1995 federal statute that made biotechnological \nprocesses per se patentable if either the process or the \nresulting material is novel and nonobvious. 35 USCA \n 103(b). Also termed Biotechnology Act. \nbioterrorism. See TERRORISM. \n\n191 \nbipartite, adj. (l6c) (Of an instrument) executed in two \nparts by both parties. \nbird-dog fee. Slang. 1. Money paid by a business to a \nperson who directs consumers to the business. 2. An \nillegal payment to a person who arranges a business \ndeal; KICKBACK. \nBIRPI. See INTERNATIONAL BUREAU FOR THE PROTEC\nTION OF INTELLECTUAL PROPERTY. \nbirretum (b~-ret-~m). [Law Latin] A cap or coif formerly \nworn by British judges and serjeants-at-law. \nbirth. The complete emergence of a newborn baby from \nthe mothet:'s body . The quotation below states the \ntraditional legal view of birth. In a few jurisdictions, the \nstate of the law may be changing. In South Carolina, for \nexample, a child does not have to be born alive to be a \nvictim of murder; a woman can be convicted of fetal \nmurder ifher baby is stillborn because of the mother's \nprenatal drug abuse. \n\"For purposes of criminal law and also for those of \nproperty law, e.g. to become a holder of property and \nso transmit it again to new heirs, or to enable the father \nto obtain curtesy of his wife's lands birth consists in \nextrusion from the mother's body, i.e. in having 'come into \nthe world.' If but a foot be unextricated, there can be no \nmurder, the extrusion must be complete, the whole body \nof the infant must have been brought into the world. But it \nis not necessary that the umbilical cord should have been \nsevered. And to be born alive the child must have been still \nin a living state after having wholly quitted the body of the \nmother.\" j.W. Cecil Turner, Kenny's Outlines of Criminal Law \n104 (l6th ed. 1952). \nbirth certificate. A formal document that records a \nperson's birthdate, birthplace, and parentage . In \nall 50 states, an adopted child receives a second birth \ncertificate reflecting his or her adoptive parents. In \nsuch a case, the original birth certificate is usu. sealed \nand can be opened only by court order. Some states \nallow limited access, depending on the year when an \nadoptee was born and (sometimes) on whether the birth \nparents consent. The trend today is to open records if \n(1) both the child and the biological parent consent -\nfor example, through an adoption registry, or (2) the \nchild requests and, upon notification, the biological \nparent does not veto the request. Oregon enacted the \nfirst statute to permit access to birth records upon the \nunilateral demand of the adopted child, once the child \nreaches the age of majority. See ADOPTION-REGISTRY \nSTATuTE.lCases: Health (:::::>397.] \nbirth control. 1. Any means of preventing concep\ntion and pregnancy, usu. by mechanical or chemical \nmeans, but also by abstaining from intercourse. 2. \nMore narrowly, contraception. [Cases: Abortion and \nBirth Control (:::::> 132.] \nbirthday club. See GIFTING CLUB. \nbirth father. See biological father under FATHER. \nbirth injury. Harm that occurs to a fetus during the birth \nprocess, esp. during labor and delivery. Cf. PRENATAL \nINJURY. \nbirth mother. See MOTHER. Black Act \nbirth parent. See PARENT. \nbirth records. (1854) Statistical data kept by a govern\nmental entity concerning people's birthdates, birth\nplaces, and parentage. [Cases: Health (;=>397.] \nBIS. abbr. BUREAU OF INDUSTRY AND SECURITY. \nbi-scot. Hist. English law. A fine imposed for not repair\ning banks, ditches, and causeways. \nbishop. The chief superintendent and highest-ranking \nmember of the clergy within a diocese . The bishop \nis subject to the archbishop of a province. [Cases: Reli\ngious Societies \n\"[AJ bishop ... has several courts under him, and may \nvisit at pleasure every part of his diocese. His chancellor \nis appointed to hold his courts for him, and to assist him \nin matters of ecclesiastical law .... \" 1 William Blackstone, \nCommentaries on the Laws of England 370 (1765). \nbishopric (bish-a-prik). l. DIOCESE. 2. The office of a \nbishop. \nbishop's court. l. An ecclesiastical court usu. held in \nthe diocese cathedral and presided over by the bishop's \nchancellor. 2. Hist. Eccles. law. (cap.) A court (usu.) \nheld in the cathedral of a diocese, the judge being the \nbishop's chancellor, who applied civil canon law . \nThe jurisdiction included appeals from the Court of \nArchdeacon. In a large diocese, the bishop's chancel\nlor would have commissaries in remote parts who held \nconSistory courts. See CONSISTORY COURT. \nbiting rule. A rule of construction that once a deed or \nwill grants a fee simple, a later provision attempting to \ncut down, modify, or qualify the grant will be held void. \n[Cases: Deeds (:::::> 124; Wills (:::::>601(2).] \nBivens action. (1972) A lawsuit brought to redress a \nfederal official's violation of a constitutional right. \nBivens v. Six Unknown Named Agents of the Federal \nBureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971). \n A Bivens action allows federal officials to be sued in \na manner similar to that set forth at 42 USCA  1983 \nfor state officials who violate a person's"}
{"text": "\na manner similar to that set forth at 42 USCA  1983 \nfor state officials who violate a person's constitutional \nrights under color of state law. [Cases: United States \n('':;:;50.1.] \n.biz. Trademarks. A top-level domain name assigned by \nICANN for use by businesses as distinct from indi\nvidual, personal, or noncommercial use. See DOMAIN \nNAME; INTERNET CORPORATION FOR ASSIGNED NAMES \nAND NUMBERS. \nB/L. abbr. BILL OF LADING. \nBlackacre. (I7c) A fictitious tract ofland used in legal dis\ncourse (esp. law-school hypotheticals) to discuss real\nproperty issues . When another tract of land is needed \nin a hypothetical, it is often termed Whiteacre.\" \n\"Blackacre is the most celebrated tract of land in the world \nof the law, ... Blackacre is wholly mythical, yet totally real. \nIt is a concept, living in the realm of the mind and doubly \nvaluable since much of the law of property has the same \ntype of reality.\" John E. Cribbet, p,.inciples of the Law of \nProperty 2 (2d ed. 1975). \nBlack Act. Hist. An English statute (9 Geo. ch. 22) estab\nlishing the death penalty for the unlawful killing or \n\nmaiming of animals . The statute was passed in 1722 \nin the wake of crimes committed by persons with \nfaces blackened or otherwise disguised. The statute \nwas repealed in 1827. The classic study of this law is \nE.P. Thompson, Whips and Hunters: The Origins of the \nBlack Act (1975). \nBlack Acts. Scots law. Statutes of the Scottish Parlia\nment passed from 1535 to 1594 and recorded in a book \nprinted in black letter. \nBlack Book of the Admiralty. English law. A medieval \ncode of maritime law containing admiralty laws, ordi\nnances, and proceedings, decisions, and acts of the \nmonarch, the Lord High Admiral, and the Court of \nAdmiralty . The Black Book is considered a defini\ntive source for customary English maritime law. It also \ncontains a copy of the Rules of Ole ron, an 11th-century \ncompilation of common maritime law. \nBlack Book of the Exchequer. Hist. A record book con\ntaining treaties, conventions, charters, papal bulls, and \nother English state documents . It dates from the l3th \ncentury. -Also termed Liber Niger Parvus. \nblack cap. A square cap worn by English judges on \ncertain state or solemn occasions . The black cap was \nformerly worn by judges when handing down a death \nsentence. \nblack codes. (usu. cap.) Hist. 1. Antebellum state laws \nenacted to regulate slavery. 2. Laws enacted shortly after \nthe Civil War in the ex-Confederate states to restrict the \nliberties of the newly freed slaves to ensure a supply of \ninexpensive agricultural labor and to maintain white \nsupremacy. \n\"Clearly, leaders of the old South who survived the war were \nin no mood for racial equality. It was a bitter enough pill \nthat the slaves were legally free; there was no inclination \nto go beyond the formal status. The Black Codes of 1865, \npassed in almost all of the states of the old Confederacy, \nwere meant to replace slavery with some kind of caste \nsystem and to preserve as much as possi ble of the prewar \nway of life.\" Lawrence M. Friedman, A History of American \nLaw 504 (2d ed. 1985). \nblack economy. See SHADOW ECONOMY. \nBlack Hand. Hist. Any of several secret societies that \nwere active in the late 19th and early 20th centuries . \nMost of these organizations were composed of anar\nchists or separatists and engaged in terrorism. In \nthe late 19th and early 20th centuries, a loosely knit \nSicilian-Italian criminal organization called the Black \nHand extorted money from Italian immigrants to the \nU.S. through threats and acts of violence. Chapters \nof the organization were established throughout the \nUnited States and Canada. The New York City Police \nDepartment created the nation's first bomb squad to \ndeal with the bombs used by the Black Hand. A band of \nSpanish anarchists in the late 19th century and a group \nof Serbian anarchists in the early 20th century were \nalso called the Black Hand. The organizations were not \nrelated. -blackhander, n. \nblack-leg labor. See SCAB. blackletter law. (18c) One or more legal principles that \nare old, fundamental, and well settled . The term refers \nto the law printed in books set in Gothic type, which is \nvery bold and black. -Also termed hornbook law. \nblacklist, vb. (I8c) To put the name of (a person) on a list \nof those who are to be boycotted or punished <the firm \nblacklisted the former employee>. blacklist, n. \nblack-lung disease. See PNEUMOCONIOSIS. \nblackmail, n. (I6c) 1. A threatening demand made \nwithout justification; EXTORTION. Cf. FEEMAIL; \nGRAYMAIL; GREENMAIL (1), (2). [Cases: Extortion and \nThreats <>25.1.1 blackmail, vb. \n\"[Blackmail isl a certain rate of Money, Corn, Cattle, or other \nconSideration, paid to some inhabiting upon, or near the \nborders, being persons of name and power, allied with ... \nknown Robbers ... to be thereby by them freed and pro\ntected from the danger of those SpOil-takers.\" Thomas \nBlount, Noma-Lexicon: A Law-Dictionary (1670). \n'''Black-mail' (black rent) was anciently used to indicate \n'rents reserved in work, grain or baser money' (i.e. baser \nthan silver). It was also employed at one time to refer to \n'a tribute formerly exacted in the north of England and in \nScotland by freebooting chiefs for protection from pillage.' \n[Quoting American College Dictionary(1948).1 Such practice \nwas extortion, in the literal sense, and hence 'blackmail' is \nfrequently used to indicate statutory extortion or some\ntimes an extorsive threat. And the federal statute forbid\nding the sending of an extorsive threat by mail has been \nreferred to as the 'blackmail statute.'\" Rollin M. Perkins & \nRonald N. Boyce, Criminal Law451 (3d ed. 1982). \n2. BLACK RENT. \nblackmail suit. See SUIT. \nblack maria. Slang. A locked van used by the police to \ntransport prisoners to and from jaiL \nblack market. 1. See MARKET. 2. See SHADOW ECONOMY. \nblack-market adoption. 1. See ADOPTION. 2. See SHADOW \nECONOMY. \nblackout period. Trademarks. The time between the \nexamining attorney's approval of an intent-to-use \napplication for publication in the Official Gazette and \nthe issuance of a notice of allowance after publication, \nduring which the applicant may not file a statement of \nuse or make any other substantive amendment to the \napplication. [Cases: Trademarks <> 1284, 1287.] \nblack-rage insanity defense. See INSANITY DEFENSE. \nblack rent. Hist. Peudal rents paid in work, grain, or \nmoney baser than silver. -Also termed blackmail. \nCf. WHITE RENT. \nBlack-Scholes formula. A mathematical model used to \nestimate the present value of stock options or warrants \nbased on the exercise price, the length of the option's \nor warrant's exercise period, and the fair market value \nand volatility of the underlying security . The term \nderives from Escher Black and Myron Scholes, the \nnames of the economists who presented the formula \nin The Pricing of Options and Corporate Liabilities, 81 \nJ. PoL Econ. 637 (1973). \nBlackstone lawyer. Slang. 1. A lawyer with a broad \nknowledge of black letter principles. 2. A self-educated \n\n193 \nlawyer (esp. in antebellum America) whose legal \ntraining consists primarily of reading Blackstone's \nCommentaries. \nblack ward. Hist. A subvassal; a vassal of the king's \nvassal. \nBlaine amendment. A provision in a state constitu\ntion for stricter separation of church and state than is \nrequired by the Establishment Clause . In 1875, at the \nrequest of President Ulysses S. Grant, Senator James \nG. Blaine proposed an amendment to the U.S. Consti\ntution, applying the Free Exercise and Establishment \nClause to the states, and specifically prohibiting the use \nof any state' funds to support any religiOUS institutions, \nincluding private church-run schools (esp. Roman \nCatholic). The House of Representatives passed the \namendment, but the Senate narrowly voted against it. \nMany states, however, amended their constitutions to \ninclude a \"Blaine Amendment\" strictly prohibiting the \nuse of public money for the support of religious institu\ntions. [Cases: Constitutional Law C:::) 1334.] \nblame, n. 1. An act of attributing fault; an expression \nof disapproval <the judge said that all the plaintiff's \nattorneys were to blame>. 2. Responsibility for some\nthing wrong <blame rested with all the defendants>. \nblame, vb. -blameworthy, blamable, adj. \nblanc seign (blahnk sayn). [Law French] Civil law. A \nSigned paper entrusted to someone with the power \nto bind the signer within the limits of the agreement \nbetween the signer and the grantee. See POWER OF \nATTORNEY (1). \nblank. Parliamentary law. 1. A ballot cast without a vote, \neffectively an abstention. 2. A name, number, time, or \nother term left open in a motion, to be filled in by vote \nafter taking proposals from the floor . An election \nis a common form of filling a blank: each nomina\ntion is effectively a proposal for filling the blank in the \nquestion, \"Resolved, That is elected.\" See CREATE \nA BLANK; FILL A BLANK. \nblank acceptance. See ACCEPTANCE (4). \nblank bar. Hist. A plea in bar interposed by a defendant \nin a trespass action. -This type of plea was filed to \ncompel the plaintiff to state exactly where the alleged \ntrespass occurred. -Also termed common bar. \nblank bilL See BILL (6). \nblank bond. See BOND (2). \nblank check. See CHECK. \nblank consent. A general authorization from a natural \nparent who voluntarily relinquishes a child for private \nadoption and allows adoption proceedings without \nfurther consent. -Jurisdictions are divided over \nwhether a blank consent is valid if the natural parents \ndo not identify and approve the prospective adoptive \nparents. -Also termed blanket consent; general \nconsent. [Cases: Adoption 7.5.] \nblanket agreement. Labor law. A collective-bargaining \nagreement that applies to workers throughout an orga-blended fund \nnization, industry, or geographical area. [Cases: Labor \nand Employment (;=:; 1288.] \nblanket bond. See BOND (2). \nblanket contract. See CONTRACT. \nblanket license. See LICENSE. \nblanket lien. See LIEN. \nblanket mortgage. See MORTGAGE. \nblanket order. 1. A judicial order that covers a broad \nsubject or class. Also termed umbrella order. See \nORDER (2). 2. See blanket protective order under PRO\nTECTIVE ORDER. 3. An order negotiated by a customer \nwith a supplier for multiple purchases and deliveries of \nspecified goods over a stated period, as an alternative to \nplacing a separate order for each transaction. -Also \ntermed blanket purchase agreement; blanket purchase \norder. See PURCHASE AGREEMENT; PURCHASE ORDER. \n[Cases: Records \nblanket policy. See INSURANCE POLICY. \nblanket protective order. See PROTECTIVE ORDER. \nblanket purchase agreement. See BLANKET ORDER (3). \nblanket purchase order. See BLANKET ORDER (3). \nblanket search warrant. See SEARCH WARRANT. \nblank form. Copyright. A form, usu. one for record \nkeeping and business purposes, that does not convey \ninformation until it has been filled in . Blank forms \nare not eligible for copyright protection. Also termed \nbusiness form. See BLANK-FORMS RULE. [Cases: Copy\nrights and Intellectual Property G'=' 10.4.] \nblank-forms rule. Copyright. TIle principle that forms \nare not protectable by copyright if they are deSigned for \nrecording information but do not themselves convey \nany information. _ The rule, first promulgated by \nthe U.S. Supreme Court in Baker v. Selden, 101 U.S. \n99 (1880), is now a U.S. Copyright Office regulation, \n37 CFR  202.1(c). See MERGER DOCTRINE (1). [Cases: \nCopyrights and Intellectual Property 10.4.] \nblank indorsement. See INDORSEMENT. \nblank stock. See STOCK. \nblasphemy (blas-f;:l-mee), n. (13c) Irreverence toward \nGod, religion, a religious icon, or something else con\nsidered sacred . Blasphemy was a crime at common \nlaw and remains so in some U.S. jurisdictions, but it is \nrarely if ever enforced because of its questionable con\nstitutionality under the First Amendment. Cf. PROFAN\nITy. [Cases: Criminal Law (.'='45.20.] -blaspheme \n(blas-feem or blas-feem), vb. -blasphemous (blas-fd\nm;:ls), adj. blasphemer (bias-fcc-mJr), n. \n\"Blasphemy is the malicious revilement of God and religion. \nIn England blasphemy was the malicious revilement of the \nChristian religion .... Blasphemy has been held to be a \ncommonlaw crime [in the United States] because of its \ntendency to stir up breaches of the peace. It is expressly \nmade punishable by some of the statutes.\" Rollin M. Perkins \n& Ronald N. Boyce, Criminal Law 474,475 (3d ed. 1982). \nblended family. See FAMILY. \nblended fund. See FUND (1). \n\nblended sentence. See SENTENCE. \nblended trust. See TR"}
{"text": "\nblended fund. See FUND (1). \n\nblended sentence. See SENTENCE. \nblended trust. See TRUST. \nblending clause. (1947) A provision in a will disposing \nof both the testator's own property and the property \nover which the testator has a power of appointment, \nso that the two types of property are treated as a unit. \n[Cases: Wills ~589.] \nblind bidding. Copyright. In the licensing of movies for \nfirst-run engagements, the practice by film distributors \nof requiring theater owners to bid for and book movies \nwithout haVing seen them . By statute, some states \nprohibit blind bidding. l Cases: Antitrust and Trade \nRegulation \nblind entry. See ENTRY (2). \nblind pig. See BLIND TIGER. \nblind plea. See PLEA (1). \nblind selling. (I946) The sale of goods without giving a \nbuyer the opportunity to examine them. \nblind tiger. Slang. A place where intoxicants are illegally \nsold . This term was commonly used during Prohibi\ntion. Also termed blind pig. See PROHIBITION (3). \nblind trust. See TRUST. \nbloc. (I903) A group of persons or political units aligned \nwith a common interest or purpose, even if only tem\nporarily <voting bloc>. \nblock, n. (18c) 1. A municipal area enclosed by streets \n<three blocks away>. See LOT (1). 2. A quantity of \nthings bought or sold as a unit <a block of preferred \nshares>. 3. SQUARE (1). \nblockade. Int'llaw. A belligerent's prevention of access \nto or egress from an enemy's ports by stationing ships \nto intercept vessels trying to enter or leave those ports. \n To be binding, a blockade must be effective that \nis, it must be maintained by a force sufficient to prevent \naccess to ports. Also termed simple blockade; de facto \nblockade. [Cases: War and National Emergency~ \n19.] \n\"A blockade must be existing in point of fact; and in order \nto constitute that existence. there must be a power present \nto enforce it. All decrees and orders, declaring extensive \ncoasts and whole countries in a state of blockade. without \nthe presence of an adequate naval force to support it, are \nmanifestly illegal and void, and have no sanction in public \nlaw.\" 1 James Kent, Commentaries on American Law *144 \n(George Comstock ed., 11th ed. 1866). \n\"The word blockade properly denotes obstructing the \npassage into or from a place on either element, but is \nmore especially applied to naval forces preventing com\nmunication by water. Unlike siege it implies no intention to \nget possession of the blockaded place. With blockades by \nland or ordinary Sieges neutrals have usually little to do,\" \nTheodore D. Woolsey, Introduction to the Study of IntemQ\ntional Law  202, at 351 (5th ed. 1878). \npacific blockade. Int'llaw. A blockade that is estab\nlished without a declaration of war. \npublic blockade. Int'llaw. An established blockade of \nwhich the blockading nation gives formal notice to \nthe governments of neutral nations. [Cases: War and \nNational Emergency C:::c~ 19(2).1 blockage rule. Tax. The principle that a large block of \nstock shares may be valued at less than the total value \nof the individual shares because such a large block may \nbe difficult to sell at full price. [Cases: Internal Revenue \n(;:::'4534; Taxation ~3531.] \nblock booking. n. Copyright. In the licensing or use of \nmovies, the practice by film distributors of condition\ning the license or use on the acceptance of an entire \npackage or block of films, which typically includes \nunwanted or inferior films . In United States v. Loew's \nInc., 371 U.S. 38, 83 S.Ct. 97 (1962), the U.S. Supreme \nCourt condemned block booking as an illegal tying \narrangement that violates the Sherman Act. [Cases: \nAntitrust and Trade Regulation \nBlockburger test. Crimina/law. A test, for double-jeop\nardy purposes, of whether a defendant can be punished \nseparately for convictions on two charges or prosecuted \nlater on a different charge after being convicted or \nacquitted on a charge involving the same incident; a \ncomparison of two charges to see if each contains at \nleast one element that the other does not.  Although \nthe test is frequently called the same-evidence test, \nthat term is misleading since the analysis involves the \nelements of the charged offenses rather than the facts \nof the incident. Blockburger v. U.S., 284 U.S. 299, 304, \n52 S.Ct. 180, 192 (1932). -Also termed same-elements \ntest; actual-evidence test. Cf. SAME-CONDUCT TEST; \nSAME-TRANSACTION TEST. [Cases: Double Jeopardy \n135,136.] \nblockbusting. (1954) The act or practice, usu. by a real\nestate broker, of persuading one or more property \nowners to sell their property quickly, and often at a \nloss, to avoid an imminent influx of minority groups. \n Blockbusting is illegal in many states. l Cases: Brokers \nC=' 1,4; Civil Rights ~ 1076.] \nblocked account. See ACCOlJNT. \nblocked currency. See CURRENCY. \nblocked income. See INCOME. \nblock grant. An unrestricted grant of federal funds. \n[Cases: United States \nblocking patent. See PATENT (3). \nblock interest. See add-on interest under INTEREST (3). \nblock policy. See INSURANCE POLICY. \nblock voting. A shareholders' agreement to cast their \nvotes in a single block. See voting trust under TRUST. \nBlonder-Tongue doctrine. Patents. The rule that a \npatentee is barred by collateral estoppel from relitigat\ning the validity of a patent that has been held invalid in \nan earlier proceeding in which the patentee had a full \nand fair opportunity to litigate the patent's validity . \nThe rule was adopted by the U.S. Supreme Court in \nBlonder-Tongue Laboratory, Inc. v. University of Illinois, \n402 U.S. 313, 91 S.Ct. 1434 (1971). -Also termed \nBlonder-Tongue rule. [Cases: Patents ~327(l3).1 \nblood. (Be) A relationship between persons arising by \ndescent from a common ancestor. See RELATIVE. \n\nentire blood. See full blood. \nfull blood. (1812) The relationship existing between \npersons having the same two parents; unmixed \nancestry. Also termed whole blood; entire blood. \nhalf blood. (l7c) The relationship existing between \npersons having the same father or mother, but not \nboth parents in common. -Sometimes written half\nblood. See relative of the half blood under RELATIVE. \n[Cases: Descent and Distribution \nheritable blood. Hist. A relationship between an \nancestor and an heir that the law recognizes for \npurposes of passing good title to property. Also \ntermed j'nheritable blood. [Cases: Descent and Dis\ntribution \nmixed blood. (1817) Archaic. The relationship between \npersons whose ancestors are of different races or \nnationalities. \n\"The term 'mixed bloods,' as used in treaties and statutes, \nhas been held to include persons of half. or more or less \nthan half, Indian blood. derived either from the father or \nfrom the mother.\" 42 C.J,5. Indians  3 (1991). \nwhole blood. See full blood. \nblood, corruption of the. See CORRUPTlO:-r OF BLOOD. \nblood alcohol content. (1926) The concentration of \nalcohol in one's bloodstream, expressed as a percentage. \n-Blood alcohol content is used to determine whether \na person is legally intoxicated, esp. under a driving\nwhile-intoxicated law. In many states, a blood alcohol \ncontent of .08% is enough to charge a person with an \noffense. Abbr. BAC. -Also termed blood alcohol \ncount; blood alcohol concentration. See DRIVI:'llG UNDER \nTHE DRIVING WHILE INTOXICATED. [Cases: \nAutomobiles 411.] \nblood border. Slang. The dividing line between adjoin\ning states that have different minimum drinking ages. \n_ The term derives from the fact that juveniles from the \nstate with the higher minimum age drive to the state \nwith a lower minimum age, purchase and consume \nalcohol, and drive home intoxicated. \nblood diamond. See CONFLICT DIAMOND. \nblood feud. See FEUD (4). \nblood-grouping test. (1930) A test used in paternity and \nillegitimacy cases to determine whether a particular \nman could be the father of a child, examples being the \ngenetic-marker test and the human-leukocyte antigen \ntest. _ The test does not establish paternity; rather, it \neliminates men who could not be the father. See PATER\nNITY TEST; GENETIC-MARKER TEST; HUMAN-LEUKO\nCYTE ANTIGEN TEST. [Cases; Children Out-of-Wedlock \nblood money.!. Hist. A payment given by a murderer's \nfamily to the next of kin of the murder victim. Also \ntermed wer. 2. A reward given for the apprehension of a \nperson charged with a crime, esp. capital murder. \nblood relative. See RELATIVE. \nblood test. The medical analysis of blood, esp. to estab\nlish paternity or (as required in some states) to test for sexually transmitted diseases in marriage-license appli\ncants. See SEROLOGICAL TEST. Children Out-of \nWedlock ~45, 58; Marriage \nbloodwite. Hist. I. EFFUSIO SANGUINIS (1). 2. EFFUSIO \nSANGUINIS (2). 3. The right to levy a fine involving the \nshedding of blood. 4. The exemption from the payment \nof a fine involving the shedding of blood. 5. Scots law. A \npenalty for a brawl or riot in which blood is shed. \nblotter. I. See ARREST RECORD. 2. See WASTE BOOK. \nBLS. abbr. BUREAU OF LABOR STATISTICS. \nblue-blue-ribbon jury. See blue-ribbon jury under \nJURY. \nBlue Book. 1. A compilation of session laws. See SESSION \nLAWS (2). 2. A volume formerly published to give \nparallel citation tables for a volume in the National \nReporter System. 3. English law. A government publi\ncation, such as a Royal Commission report, issued in \na blue paper cover. \nBluebook. The citation guide formerly titled A Uniform \nSystem of Citation that is generally considered the \nauthoritative reference for American legal citations. -\nThe book's complete title is The Bluebook: A Uniform \nSystem of Citation. Although it has been commonly \ncalled the Bluebook for decades, the editors officially \nincluded Bluebook in the title only in the mid-1990s. \nThe book is compiled by the editors of the Columbia \nLaw Review, the Harvard Law Review, the University \nof Pennsylvania Law Review, and The Yale Law Journal. \nCf. ALWD CITATION MANUAL. \nbluebook, vb. To ensure the conformity of citations with \nThe Bluebook: A Uniform System of Citation. \nblue books. See SESSION LAWS. \nblne chip, n. A corporate stock that is considered a safe \ninvestment because the corporation has a history of \nstability, consistent growth, and reliable earnings. -\nThe term is said to come from poker, in which the blue \nchips usu. have the highest value. Also termed blue\nchip stock. -blne-chip, adj. \nblue law. (1762) A statute regulating or prohibiting com\nmercial activity on Sundays. -Although blue laws were \nformerly common, they have declined since the 19805, \nwhen many courts held them invalid because of their \norigin in religion (Le., Sunday being the Christian \nSabbath). Blue laws usu. pass constitutional challenge \nif they are enacted to support a nonreligiOUS purpose, \nsuch as a day of rest for workers. Also termed Sunday \nlaw; Sunday-closing law; Sabbath law; Lord's Day Act. \n[Cases: Sunday<'>~3-30(8).] \nBlne List. Securities. A daily listing (on blue paper) of \nsecondary-market offerings of municipal bonds. \n\"Municipal bonds available for resale in the secondary \nmarket are listed by state in The Blue List. along with \nsuch information as the number of bonds offered. issuer, \nmaturity date. coupon rate, price, and dealer making the \noffering. Ratings are not included. But there are sections \non settlement dates of recent new offerings. prerefunded \nbonds, and miscellaneous offerings (some u.s. government \nand agency obligations, railroad equipment trust certifi \ncates. corporate bonds, and even preferred stocks). The \n\nblue note \ndollar value of listings, referred to as the floating supply, \ngives an indication of the size and liquidity of the second\nary municipal market.\" The New York Institute of Finance, \nHow the Bond Market Works 185 (1988). \nblue note. See NOTE (1). \nblue-pendl test. (1921) A judicial standard for deciding \nwhether to invalidate the whole contract or only the \noffending words . Under this standard, only the \noffending words are invalidated if it would be possible \nto delete them simply by running a blue pencil through \nthem, as opposed to changing, adding, or rearranging \nwords. [Cases: Contracts C=> 137.] \nblue-ribbon jury. See JURY. \nblue-sky, vb. (1931) To approve (the sale of securities) in \naccordance with blue-sky laws <the company's IPO has \nnot yet been blue-skyed>. \nblue-sky, adj. (1906) (Of a security) having little value. \n The term was first used in reference to the assets at \nissue in Lowell v. People, BIll!. App. 137 (1907) (\"hot \nair and blue sky\"). \nblue-sky law. (1912) A state statute establishing stan\ndards for offering and selling securities, the purpose \nbeing to protect citizens from investing in fraudulent \nschemes or unsuitable companies . Such a stat"}
{"text": "ities, the purpose \nbeing to protect citizens from investing in fraudulent \nschemes or unsuitable companies . Such a statute typi\ncally includes provisions for licensing brokers, register\ning securities, and formal approvals of the offerings by \nthe appropriate government agencies. [Cases: Securities \nRegulation C:::>248-273.J \n\"Although the public is probably more aware of the exis\ntence and operation of the several federal statutes admin\nistered by the Securities and Exchange Commission, most \nstate legislation in this area is broader in scope. State \nsecurities laws, commonly referred to as 'blue sky' laws, \nwere enacted long before the Securities Act of 1933, and \nCongress specifically preserved these laws instead of \nattempting to preempt the field for federal legislation.\" \nLouis Loss & Edward M. Cowett, Blue Sky Law 3 (1958). \n\"The first legislative attempts to regulate securities trans\nactions were effected on the state level, with the first \ngeneral securities law being said to have been enacted \nby the State of Kansas in 1911, and with 48 jurisdictions \nhaving enacted such statutes by 1933. These statutes were \nsaid to be enacted to stop the sale of stock in fly-by-night \nconcerns, visionary oil wells, distant gold mines, and other \nfraudulent exploitations. A similar description of the early \nlegislative purpose is that such acts were aimed at 'specula\ntive schemes which have no more basis than so many feet \nof blue sky,' and this description has had a lasting influence \nin that state securities acts are commonly referred to as \n'blue sky laws,'\" 69A Am. Jur. 2d Securities Regulation -\nState  1 (1993). \n\"The state legislatures entered the arena of securities regu\nlation more than twenty years before Congress .... [T] \nhe statutes, which vary widely in their terms and scope, \nare commonly referred to as 'blue sky' laws. an appella\ntion with several suggested origins. It has been said, for \nexample, that the Kansas legislature was spurred by the \nfear of fast-talking eastern industrialists selling everything \nincluding the blue sky.\" 1 Thomas Lee Hazen, Treatise on \nthe Law of Securities Regulation  8.1, at 490-92 (3d ed. \n1995). \nbluewater seaman. See able-bodied seaman under \nSEAMAN. 196 \nblurring, n. Trademarks. A form of dilution in which \ngoodwill in a famous mark is eroded through the \nmark's unauthorized use by others on or in connec\ntion with dissimilar products or services . Blurring is \none type of dilution that is actionable under the Federal \nTrademark Dilution Act, 15 USCA  1125(c). <The court \nfound that Nabisco's use of a fish shape in its animal \ncrackers diluted Pepperidge Farm's famous Goldfish \ntrademark.> -Also termed dilution by blurring; dim\ninution. Cf. TARNISHMENT. [Cases: Trademarks \n1462.] \n\"Blurring is a lessening of the fame possessed by a famous \nmark. One might begin to think about blurring by recalling \n'free association' exercises or games, in which one player \nsays a word and the other player must respond instantly \nwith the first word that pops into his or her head, By \ndefinition, a strong or famous mark is likely to produce \nboth a prompt and a uniform 'free association' response \nwhen mentioned to most consumers. Thus when I say \nROLEX, you-and almost everyone else-will likely say \n'watches.' ... On the other hand, a weak mark will produce \nno response at all, or a variety of responses from different \nconsumers .... If the owners of the ROLEX mark had no \nway to prevent the use of that mark on pencils, or pianos, \nor pistachio nuts. because those products are so remote \nfrom watches that they could not prove any likelihood of \nconfusion, eventually, the automatic free association of the \nROLEX mark with watches, and watches alone, would be \ndestroyed. The mark would be less famous than before. It \nwould be blurred.\" Roger E. Schechter & John R. Thomas, \nIntellectual Property  30.3. at 710-11 (2003). \nBMI. abbr. BROADCAST MUSIC, INC. \nboard. 1. A group of persons having managerial, super\nvisory, or advisory powers <board of directors> . In \nparliamentary law, a board is a form of deliberative \nassembly and is distinct from a committee -which \nis usu. subordinate to a board or other deliberative \nassembly -in haVing greater autonomy and author\nity. 2. Daily meals furnished to a guest at an inn, board\ninghouse, or other lodging <room and board>. [Cases: \nContracts 3. BOARD OF DIRECTORS. \nboard-certified, adj. (1938) (Of a professional) recog\nnized by an official body as a specialist in a given field \noflaw or medicine <board -certified in civil litigation>. \nSee BOARD OF LEGAL SPECIALIZATION. \nboard lot. See round lot under LOT (3). \nboard of adjustment. See ADJUSTMENT BOARD. \nboard of aldermen. See CITY COUNCIL. \nBoard of Appeals. Patents & Trademarks. Hist. A quasi\njudicial body within the U.S. Patent and Trademark \nOffice that was empowered to hear appeals by appli\ncants whose patent applications had been wholly or \npartially rejected by patent examiners. -Its work is \nnow done by the Board of Patent Appeals and Inter\nferences. See BOARD OF PATENT APPEALS A.:--ID INTER\nFERENCES. \nboard of directors. (18c) 1. The governing body of a \ncorporation, elected by the shareholders to establish \ncorporate policy, appoint executive officers, and make \nmajor business and financial decisions. -Also termed \n(esp. in charitable organizations) board of trustees. \nSee DIRECTOR. [Cases: Corporations C=>297.] 2. The \n\n197 \ngoverning body of a corporation, partnership, associa\ntion, or other organization, elected by the shareholders \nor members to establish policy, elect or appoint officers \nand committees, and make other governing deci\nsions. -Often shortened (informally) to board. -Also \ntermed board of governors; board of managers; board of \ntrustees (esp. in charitable and educational organiza\ntions); executive board. See DIRECTOR. \nstaggered board of directors. A board of directors \nwhose members' terms of service overlap so that only \npart of the board's makeup is voted on in any single \nelection. _ Typically, members serve terms of two \nor more -years, with some members' terms expiring \nat each annual election. See Del. Code Ann. tit. 8,  \n141 (1991) (authorizing classified boards with two or \nthree classes having two-or three-year terms). Also \ntermed classified board of directors. [Cases: Corpora\ntions (;:= 291.] \nboard of education. A state or local agency that governs \nand manages public schools within a state or local \ndistrict. Cf. SCHOOL BOARD. [Cases: Schools \nboard of equalization. See EQUALIZATION BOARD. \nboard of examiners. See EXAMINING BOARD. \nboard of fire underwriters. Insurance. An unincorpo\nrated voluntary association made up of fire insurers. \n[Cases: Insurance <8:;:) 1218.] \nboard of governors. 1. See BOARD OF DIRECTORS. 2. \n(cap.) FEDERAL RESERVE BOARD OF GOVERNORS. \nBoard of Green Cloth. Hist. A group of persons respon\nsible for governing the royal-household staff, esp. in \nfinancial matters such as accounting for expenses and \npaying servants' wages. -lhe Board consisted of the \nLord Steward and inferior officers, and its name derived \nfrom the green cloth that covered the table used by the \nBoard to conduct its duties. In more ancient times, it \nkept the peace and maintained courts of justice within \nthe area around the royal household (Le., the verge). \nAlso termed Counting House of the King's Household; \nGreen Cloth. \nboard of health. A municipal or state agency rn<lr<'PI1 \nwith protecting the public health. [Cases: Health \n361.] \nBoard ofImmigration Appeals. The highest administra\ntive tribunal for interpreting and applying United States \nimmigration law, esp. reviewing appeals from adverse \ndecisions of immigration judges and district directors \nof the Department of Homeland Security . The Board \nmay have up to 15 permanent members appointed by \nthe Attorney General. Abbr. BIA. -Also termed \nImmigration Appeals Board. [Cases: Aliens, Immigra-\ntion, and Citizenship 577.] \nboard oflegal specialization. (l969) A body, usu. an arm \nof a state bar association, that certifies qualified lawyers \nas specialists within a given field. -Typically, to qualify \nas a specialist, a lawyer must meet a specified level of \nexperience, pass an examination, and provide favor-board of zoning appeals \nable recommendations from peers. [Cases: Attorney \nand Client \nboard of managers. See BOARD OF DIRECTORS. \nBoard of Medical Examiners. See EXAMINING BOARD. \nboard of pardons. (1872) A state agency, of which the \ngovernor is usu. a member, authorized to pardon \npersons convicted of crimes. lCases: Pardon and Parole \n(;:='55.1.] \nboard of parole. See PAROLE BOARD. \nBoard of Patent Appeals and Interferences. Patents & \nTrademarks. The quasi-judicial body in the U.S. Patent \nand Trademark Office that hears (1) appeals from patent \napplicants whose claims have been rejected by a patent \nexaminer, and (2) interference contests between two or \nmore applicants trying to patent the same invention. -\nThis tribunal assumed the work previously handled by \nthe Board of Appeals and the Board of Patent Interfer\nences. The U.S. Court of Appeals for the Federal Circuit \nhears appeals from this tribunaL See INTERFERENCE \n(3). [Cases: Patents \nboard of police commissioners. An administrative \ntribunal vested with diSciplinary powers over law\nenforcement personnel. [Cases: Municipal Corpora\ntions C~ 181.] \nboard of regents. A group of persons appointed to super\nvise an educational institution, esp. a university. [Cases: \nColleges and Universities \nboard of registration. A state agency authorized to \nlicense and discipline members of a trade or profes-\nsion. [Cases: Licenses 38.] \nboard of review. 1. A bodv that reviews administrative\nagency decisions. [Cases~ Administrative Law and Pro\ncedure (;:::>513.] 2. A body that reviews property-tax \nassessments. [Cases: Taxation (;::J2653-2682.] 3. In \nsome cities, a board that reviews allegations of police \nmisconduct. [Cases: Municipal Corporations \n185(12).] \nBoard of Tax Appeals. See TAX COURT, U.s. \nboard oftrade. 1. A federation of business executives \ndedicated to advancing and protecting business inter\nests. 2. An organization that runs a commodities \nexchange. See CHICAGO BOARD OF TRADE. [Cases: \nCommodity Futures Trading Regulation G=~6.] 3. Hist. \nThe Lords of the Committee of the Privy Council that \nhad jurisdiction over trade and foreign plantations. -\nToday, the responsibilities once assigned to this com\nmittee are carried out by the Ministry for Trade and \nIndustry. \nboard of trustees. See BOARD OF DIRECTORS. \nBoard of Veterans' Appeals. The agency in the U.S. \nDepartment of Veterans' Appeals responsible for \nreviewing decisions on entitlements to veterans' \nbenefits. _ The Board's decisions are subject to review \nby the U.S. Court of Appeals for Veterans Claims. -\nAbbr. BVA. [Cases: Armed Services (;:=135,154.] \nboard of zoning appeals. See ADJUSTMENT BOARD. \n\nboatable, adj. See NAVIGABLE. \nboatable water. See NAVIGABLE WATER (1). \nboc (bok), n. Hist. A written document, esp. one that \nconveys land. -Also spelled bock. \nbockland. See BOOKLAND. \nbocland. See BOOKLAND. \nbodily harm. See HARM. \nbodily heir. See heir of the body under HEIR. \nbodily injury. See INJURY. \nbody. (15c) l. The main part of a written instrument, \nsuch as the central part of a statute (after the title and \npreamble) or the middle part of a complainant's bill in \nequity. 2. A collection oflaws. -Also termed body of \nlaws. See CORPUS JURIS. 3. An artificial person created \nby a legal authority. See CORPORATION. 4. An aggregate \nof individuals or groups. See BODY POLITIC. 5. A delib\nerative assembly <legislative body>. See deliberative \nassembly under ASSEMBLY. 6. An aggregate of individu\nals or groups <student body>. 7. BODY OF A CLAIM. \nbody corporate. See CORPORATION. \nbody execution. l. See CAPIAS. 2. See EXECUTION. \nbody of a claim. Patents. The portion of a patent claim \nthat defines the elements or steps of the invention . \nThe body of the claim follows the preamble and tran\nsition phrase. In a combination claim, the body of a \nclaim sets forth the elements of a patentable combina\ntion. Cf. PREAMBLE (2); TRANSITION PHRASE. [Cases: \nPatents C=> 101(1).] \nbody of a county. A county as a whole. \nbody oflaws. See BODY (2). \nbody politic. (ISc) A group of people regarded in a politi\ncal (rather than private) sense and organized under a \ncommon governmental authority. \nbody-snatching, n. The unlawful removal of a corpse, \nesp. from a grave. -body-snatcher, n. \nbogus (boh-g;ls), adj. Not genuine; counterfeit; SPURIOUS \n(1). Cf. GENUINE. \nbogus check. See bad"}
{"text": "; counterfeit; SPURIOUS \n(1). Cf. GENUINE. \nbogus check. See bad check under CHECK. \nbogus will. See WILL. \nboilerplate, n. (1893) l. Ready-made or all-purpose \nlanguage that will fit in a variety of documents . Orig\ninally, the term may have denoted a steel plate affixed \nto a boiler. But the modern sense comes from copy \nand artwork etched on metal plates (or molds made \nfrom a master plate) and distributed to newspapers \nand printers. The copy could not be edited. 2. Fixed or \nstandardized contractual language that the proposing \nparty often views as relatively nonnegotiable. [Cases: \nContracts 1.] -boilerplate, adj. \nboiler-room transaction. (1988) Slang. A high-pressure \ntelephone sales pitch, often of a fraudulent nature. Cf. \nPHISHING; TELESCAM. \nBolger test. The judicial test for determining whether \na statement is commercial speech, by examining (1) whether it is an advertisement; (2) whether it refers \nto a specific product or service; and (3) whether the \nspeaker has an economic motivation for making the \nstatement. Bolger v. Youngs Drug Prods. Corp., 463 U.S. \n60,66-67, 103 S.Ct. 2875, 2879-80 (1983) . An affirma\ntive answer to all three questions is \"strong support\" \nthat the speech is commercial, but it is not dispositive; \nrather, the decision should be based on common sense. \n[Cases: Constitutional LawC=>1536.] \nbolster, vb. To enhance (unimpeached evidence) with \nadditional evidence . This practice is often considered \nimproper when lawyers seek to enhance the credibility \nof their own witnesses. [Cases: Witnesses C=>318.] \nbolts. Hist. Student-argued cases in the Inns of Court. \n These practice cases were held privately, in contrast \nto the more formal and public moots. -Also termed \nboltings. \nbombardment. Int'llaw. An attack from land, sea, or \nair with weapons that are capable of destroying enemy \ntargets at a distance with bombs, missiles, or projec\ntiles. \nbona (boh-n;l), n. [Latin \"goods\"] Chattels; personal \nproperty. Cf. BIENS. \nbona adventitia (boh-n;l ad-ven-tish-ee-;l). [Latin] 1. \nRoman law. Goods acquired by free persons in some \nway other than through their paterfamilias, or by \nslaves in a way other than through their owner. 2. \nCivil law. Goods acquired fortuitously, but not by \ninheritance. -Also spelled bona adventicia. -Also \ntermed adventitia bona. \nbona confiscata (boh-n;l kon-fi-skay-t;l). Goods con\nfiscated by -or forfeited to -the Crown. \nbonafelonum (boh-n;l f;l-loh-n;lm). Personal property \nbelonging to a convicted felon. \nbona forisfacta (boh-n;l for-is-fak-t;l). Forfeited \ngoods. \nbona fugitivorum (boh-m fyoo-j;l-ti-vor-;lm). Goods \nbelonging to a fugitive. -Also termed bona utlaga\ntorum. \nbona immobilia (boh-n;l i-moh-bil-ee-;l). Immovable \nproperty. \nbona mobilia (boh-n;l moh-bil-ee-;l). [Latin] Movable \nproperty. See MOVABLE. \nbona notabilia (boh-n;l noh-t;l-bil-ee-;l). Notable \ngoods; property worth accounting for in a decedent's \nestate. [Cases: Executors and Administrators C=> 11, \n12.] \nbona paraphernalia (boh-n;l par-;l-f;lr-nay-Iee-;l). \nClothes, jewelry, and ornaments not included in a \nmarried woman's dowry. \nbona peritura (boh-n;l per-;l-t[y]uur-;l). Perishable \ngoods; goods that an executor or trustee must dili\ngently convert into money. \nbona utlagatorum (boh-n;l ;It-Iay-g;l-tor-;lm). See bona \nfugitivorum. \n\n199 \nbona vacantia (boh-nd vd-kan-shee-<l). [Latin \"vacant \ngoods\"] 1. Property not disposed of by a decedent's \nwill and to which no relative is entitled under intes\ntacy laws. See ESCHEAT. 2. Ownerless property; \ngoods without an owner. -Bona vacantia often \nresulted when a deceased person died without an heir \nwilling and able to make a claim. The property either \nbelonged to the finder or escheated to the Crown. -\nSometimes shortened to vacantia. Also termed \nvacantia bona. \nbona waviata (boh-nd way-vee-ay-td). Stolen goods \nthrown away in flight by a thief . The goods escheated \nto the Crown as a penalty to the owner for failing to \npursue the thief and recover the goods. \nvacantia bona. See bona vacantia. \nbona activa (boh-n<l ak-tI-vd). [Latin \"active goods\"] 1. \nAssets. See ASSET (1). 2. The claims that a person has \nagainst others. Cf. BONA PASSIVA. \nbona castrensia et quasi castrensia (boh-nd ka-stren\nshee-<l et kway-sI [or kway-zI] ka-stren-shee-<l). [Latin \n\"goods acquired for military or quaSi-military (i.e., \npublic) service\"] Roman law. The property that a son \ncould dispose of, by testament or otherwise, without his \npaterfamilias's consent. See PATERFAMILIAS. \nbona confiscata. See BONA. \nbonae fidei (boh-nee fl-dee-I). [Latin] Of good faith; in \ngood faith. \nbonae fidei possessor (boh-nee fI -dee-I pd-zes-dr). \n[Latin] Roman law. A good-faith possessor of property \nowned by another. _ Unless the owner sued to recover \nthe property, the possessor became the rightful owner \nafter a specified time elapsed, unless the property had \nbeen stolen or taken by force. See USCAPIO. \nbona et catalla (boh-n<l et kd-tal-<l). [Law Latin] Goods \nand chattels. \nbona felonum. See BONA. \nbona fide (boh-n<l fId or boh-n<1 fI-dee), adj. [Latin \"in \ngood faith\"] (17c) 1. Made in good faith; without fraud \nor deceit. 2. Sincere; genuine. See GOOD FAITH. bona \nfide, adv. \nbona fide contract. See CONTRACT. \nbona fide emptor (boh-n<l fld-ee emp-tdr). [Latin] Good\nfaith purchaser. See bona fide purchaser under PUR\nCHASER (1). \nbona fide holder for value. See HOLDER FOR VALUE. \nbona fide intent to use. Trademarks. A specific, good\nfaith intention to use a mark in the ordinary course of \ntrade in interstate commerce and not merely to reserve \nit for later use, as determined by objective drcumstan\ntial evidence. _ A federal registration obtained under \nLanham Act  l(b) requires a bona fide intent to use the \nmark. If the required intent is later determined to be \nlacking, the registration may be invalidated. \nbona fide judgment creditor. See JUDGMENT \nCREDITOR. bona mobilia \nbona fide occupational qualification. (1945) An employ\nment qualification that, although it may discriminate \nagainst a protected class (such as sex, religion, or \nnational origin), relates to an essential job duty and is \nconsidered reasonably necessary to the operation of the \nparticular business. -Such a qualification is not illegal \nunder federal employment-discrimination laws. -\nAbbr. BFOQ. [Cases: Civil Rights ~ 11l8, 1529.] \n\"The bona fide occupational qualification is a complete \ndefense. It is invoked when the defendant makes a distinc\ntion expressly forbidden by Title VII, such as the refusal \nto hire women or women with preschoolage children, the \nreassignment of pregnant employees, or the exclusion \nof particular ethnic groups from particular jobs .... The \nemployer's motivation for excluding the protected class \nis not significant in evaluating the BFOQ defense. The \ninquiry focuses on the necessity of using an expressly for \nbidden classification. The fact that the employer adopted \nthe exclusion for invidious reasons, rather than for the \nbusiness consideration on which the defense is based, is \nnot material. Thus, if the exclusion, in fact, is proved to be \nnecessary it may be used, even if invidiously motivated.\" \nMack A. Player, Employment Discrimination Law  5.29, at \n282-83 (1988). \nbona fide operation. A real, ongOing business. \nbona fide perceptio et consumptio (boh-nd fI-dee \np<lr-sep-shee-oh et bn-sump-shee-oh). [Latin] Hist. \nGathering and consuming in good faith. -The phrase \nappeared in reference to the rights of a bona fide pos\nsessor to keep fruit that the possessor gathers in good \nfaith and consumes in good faith. \nbona fide possession. See POSSESSION. \nbona fide purchaser. See PURCHASER (1). \nbona fide purchaser for value. See bona fide purchaser \nunder PURCHASER (1). \nbona fides (boh-n<) fl-deez), n. [Latin]!. GOOD FAITH. \n2. Roman law. The standard of conduct expected of a \nreasonable person, esp. in making contracts and similar \nactions; acting without fraudulent intent or malice. \nbona fide sale. See SALE. \nbona fiscalia (boh-n<1- fis-kay-lee-<l), n. Public \nproperty. \nbona forisfacta. See BONA. \nbona fugitivorum. See BONA. \nbona gratia (boh-nd gray-shee-<l). [Latin] Roman law. \nIn goodwill; in a friendly way. -The phrase typically \nreferred to a divorce by mutual consent. \nbona gratia matrimonium dissolvitur (boh-nd gray\nshee-d ma-tr<l-moh-nee-<1m di-sol-vd-t<1r). [Law Latin \n\"the marriage is dissolved in a friendly way\"] Rist. A \nconsensual divorce. \nbona immobilia. See BONA. \nbona memoria (boh-nd m<l-mor-ee-;J). [Latin] Good \nmemory. -Bona memoria, as used in the phrase sanae \nmentis et bonae memoria (of sound mind and good \nmemory), refers to a testator's mental capacity. See \nMIND AND MEMORY. \nbona mobilia. See BONA. \n\nbona notabilia. See BONA. \nbona paraphernalia. See BONA. \nbona passim (boh-n;.l pa-SI-V;.l). Roman law. Liabilities. \nCf. BONA ACTIVA. \nbona peritura. See BONA. \nbona utlagatorum. See bona fugitivorum under BONA. \nbona vacantia. See BONA. \nbona waviata. See BONA. \nbond, n. (16c) 1. An obligation; a promise. \n\"[Aln obligation, or in English a 'bond,' is a document \nwritten and sealed containing a confession of a debt; in \nlater ti'mes 'contract' is the genus, 'obligation' the species.\" \n2 Frederick Pollock & Frederic W. Maitland, The History of \nEnglish Law 207 (2d ed. 1899). \n2. A written promise to pay money or do some act if \ncertain circumstances occur or a certain time elapses; \na promise that is defeasible upon a condition subse\nquent; esp., an instrument under seal by which (1) a \npublic officer undertakes to pay a sum of money if he \nor she does not faithfully discharge the responsibilities \nof office, or (2) a surety undertakes that if the public \nofficer does not do so, the surety will be liable in a penal \nsum. \n''The fact that an instrument is called a 'bond' is not con \nclusive as to its character. It is necessary to disregard \nnomenclature and look to the substance of the bond itself. \nThe distinguishing feature of a bond is that it is an obliga' \ntion to pay a fixed sum of money, at a definite time, with \na stated interest, and it makes no difference whether a \nbond is designated by that name or by some other, if it \npossesses the characteristics of a bond. There is no distinc' \ntion between bonds and certificates of indebtedness which \nconform to all the characteristics of bonds.\" 1 Silvester E. \nQuindry, Bonds & Bondholders Rights & Remedies  2, at \n3-4 (1934). \nadministrator's bond. See fiduciary bond. \nappeal bond. (18c) A bond that an appellate court may \nrequire from an appellant in a civil case to ensure \npayment of the costs of appeal; a bond required as \na condition to bringing an appeal or staying execu\ntion of the judgment appealed from. Fed. R. App. P. \n7. Cf: supersedeas bond. [Cases: Appeal and Error C=> \n373-395; Federal Courts C=>661, 687.] \nappearance bond. See bail bond. \narbitration bond. See ARBITRATION BOND. \nattachment bond. A bond that a defendant gives to \nrecover attached property.  The plaintiff then looks \nto the bond issuer to satisfy a judgment against the \ndefendant. [Cases: Attachment C=>261; Federal Civil \nProcedure C=>585.] \naverage bond. See general average bond. \nbail bond. (17c"}
{"text": "Civil \nProcedure C=>585.] \naverage bond. See general average bond. \nbail bond. (17c) A bond given to a court by a criminal \ndefendant's surety to guarantee that the defendant \nwill duly appear in court in the future and, if the \ndefendant is jailed, to obtain the defendant's release \nfrom confinement.  The effect of the release on bail \nbond is to transfer custody of the defendant from \nthe officers of the law to the custody of the surety \non the bail bond, whose undertaking is to redeliver the defendant to legal custody at the time and place \nappointed in the bond. -Also termed appearance \nbond; recognizance. See BAIL. [Cases: Bail C=>54.1.] \nbid bond. A bond filed in public construction projects \nto ensure that the bidding contractor will enter into \nthe contract.  The bid bond is a type of performance \nbond. [Cases: Public Contracts C=>9.] \nblank bond. Archaic. A bond in which the space for the \ncreditor's name is left blank. \nblanket bond. 1. A bond covering several persons \nor projects that require performance bonds. 2. See \nfidelity bond. \nbond for land. A bond given by the seller of land to \na buyer, binding the seller to convey once the buyer \ntenders the agreed price. -Also termed bond for a \ndeed. Cf. BINDER (1). [Cases: Vendor and Purchaser \nC=>27.] \nbond of corroboration. An additional obligation \nundertaken to corroborate the debtor's original obli\ngation. \nbond to keep the peace. See peace bond. \nbottomry bond. A contract for the loan of money on \na ship, usu. at extraordinary interest, for maritime \nrisks encountered during a certain period or for a \ncertain voyage . The loan can be enforced only if \nthe vessel survives the voyage. -Also termed bot\ntom age bond. Cf. respondentia bond. [Cases: Shipping \nC=>89-100.] \n\"A bottomry bond, strictly speaking, is a mortgage or \npledge of a ship by the owner or agent, to secure the \nrepayment of money lent for the use of the ship; and \nthe conditions of it are, that if the ship is lost, the lender \nloses his money; but if it arrives, then, not only the ship \nitself is liable, but also the person of the borrower.\" John \nIndermaur, Principles of the Common Law 169 (Edmund H. \nBennett ed., 1 st Am. ed. 1878). \n\"[TJhe bottomry bond ... is a sort of mortgage on a ship, \nentered into for the purpose of raising money in case of \nnecessity in a foreign port. The advance of communica \ntions has caused bottomry and respondentia bonds to pass \nvirtually out of use.\" Grant Gilmore & Charles L. Black Jr., \nThe Law of Admiralty  110, at 25 n.85 (2d ed. 1975). \nclaim-property bond. See replevin bond. \ncommon-defeasance bond. See penal bond. \ncommon-law bond. A performance bond given by a \nconstruction contractor.  A common-law bond \nexceeds the requirements of a statutory performance \nbond because it provides additional coverage for con\nstruction projects. Cf. PERFORMANCE BOND. [Cases: \nPrincipal and Surety C=>65, 66(1), 82.] \ncommon money bond. A promise to pay money as a \npenalty for failing to perform a duty or obligation. \ncontract bond. See PERFORMANCE BOND. \ncost bond. A bond given by a litigant to secure the \npayment of court costs. [Cases: Costs C=> 120-124; \nFederal Civil Procedure C=>2732.] \ncounterbond. A bond to indemnify a surety. \ndelivery bond. See forthcoming bond. \n\n201 \ndepository bond. A bond given by a bank to protect a \npublic body's deposits should the bank become insol\nvent. \ndischarging bond. (I8c) A bond that both permits a \ndefendant to regain possession of attached property \nand releases the property from the attachment lien. \nAlso termed dissolution bond. See forthcoming bond. \n[Cases: Attachment ~261.J \nexecutor's bond. A bond given to ensure the execu\ntor's faithful administration of the estate. See fidu\nciary bond. [Cases: Executors and Administrators \n~26.] \n'The English law did not require an executor to give bond \nbecause he was appointed by the testator and his authority \nwas derived from the will rather than court appointment. \nSome American jurisdictions do not require a bond of an \nexecutor. In the majority of our states a testator may by will \ndispense with the executor's bond, but in absence of such \ntestamentary provision a bond will be required.\" Thomas \nE. Atkinson, Handbook of the Law of Wills  113, at 621 \n(2d ed. 1953). \nfidelity bond. A bond to indemnify an employer or \nbusiness for loss due to embezzlement, larceny, or \ngross negligence by an employee or other person \nholding a position of trust. Also termed blanket \nbond. [Cases: Insurance ~ 1014,2400.] \nfiduciary bond. (1831) A type of surety bond required \nof a trustee, administrator, executor, guardian, con\nservator, or other fiduciary to ensure the proper per\nformance of duties. -Also termed administrator's \nbond. [Cases: Executors and Administrators \nTrusts C=' 161.J \nforthcoming bond. 1. A bond guaranteeing that some\nthing will be produced or forthcoming at a particu\nlar time, or when called for. 2. A bond (usu. given to \na sheriff) to permit a person to repossess attached \nproperty in exchange for that person's commitment \nto surrender the property in the event of an adverse \njudgment; specif., a bond required of a defendant as \na condition of retaining or regaining possession of a \nchattel in an attachment or replevin action, whereby \nthe surety agrees to surrender the chattel and to pay its \nvalue if the plaintiff wins the lawsuit. Also termed \ndelivery bond. Cf. replevin bond. lCases: Attachment \nC::::-;261.] \ngeneral-average bond. Maritime law. A bond given to \nthe captain of a ship by consignees of cargo subject \nto general average, guaranteeing payment of their \ncontribution once it is ascertained . 'When the con\ntribution amounts are disputed, the carrier requires \nthis bond before agreeing to unload the ship. It may \nalso be reqUired when the amounts are undisputed, \nas security for payment. -Also termed average \nbond. See general average under AVERAGE (3). [Cases: \nShipping ~ 198.) \nguaranty bond. A bond combining the features of a \nfidelity and a surety bond, securing both payment \nand performance. \nheritable bond. Scots law. A bond secured by land. bond \nhypothecation bond. Maritime law. A bond given in \nthe contract of bottomry or respondentia. [Cases: \nShipping ~89-100.) \nindemnity bond. A bond to reimburse the holder for \nany actual or claimed loss caused by the issuer's or \nsome other person's conduct. [Cases: Indemnity ~ \n28.) \ninjunction bond. A bond required of an injunction \napplicant to cover the costs incurred by a wrongfully \nenjoined party; a bond required as a condition of the \nissuance or continuance of a bond. Fed. R. Civ. P. \n65(c). [Cases: Injunction ~ 148.] \ninterim bond. 1. A bond set by a police officer when a \nperson is arrested for a minor offense, such as a mis\ndemeanor, without a warrant.  Although the bond \nallows the arrestee to be released, it requires that the \nperson be available for arraignment. 2. A bond set by \na judge or magistrate and attached to a misdemeanor \nwarrant. \njudicial bond. (18c) A bond to indemnify an adverse \nparty in a lawsuit against loss occasioned by delay or \nby deprivation of property resulting from the lawsuit. \n Judicial bonds are usu. classified according to the \nnature of the action in which they are required, as \nwith appeal bonds, injunction bonds, attachment \nbonds, replevin bonds, forthcoming or redelivery \nbonds, and bail bonds. A bond of a fiduciary such \nas a receiver, administrator, executor, or guardian \nis often reqUired as a condition to appointment. \nliability bond. A bond intended to protect the assured \nfrom a loss arising from some event specified in the \nbond. \nlicense bond. A bond required of a person seeking a \nlicense to engage in a specified business or to receive a \ncertain privilege. -Also termed permit bond. [Cases: \nLicenses C~/ 26.] \nmaintenance bond. A bond guaranteeing against con\nstruction defects for a period after the completion of \nthe contracted-for work. [Cases: Principal and Surety \n~82; Public Contracts ~45.] \nnegotiable bond. A bond that can be transferred from \nthe original holder to another. [Cases: Bonds \n74.] \nofficial bond. 1. A bond given by a public officer requir\ning the faithful performance of the duties of office. \n2. A bond filed by an executor, guardian, trustee, or \nother fiduciary. See fidUCiary bond. [Cases: Officers \nand Public Employees C-::::>37.J \npayment bond. (1877) A bond given by a surety to cover \nany amounts that, because of the general contractor's \ndefault, are not paid to a subcontractor or materials \nsupplier. [Cases: Principal and Surety ~82; Public \nContracts \n\"[TJhe bond serves two purposes: it assures the owner a \nlien-free project, and it induces suppliers and subcontrac \ntors to accept work on the project, perhaps at a lower price, \nbecause of the assurance that they will be paid. Since no \nadditional charge is generally made for a payment bond \n\nwhen a performance bond is being purchased, the two are \nusually issued simultaneously.\" Grant S. Nelson, Real Estate \nFinance Law 12.2, at 881 (3d ed. 1994). \npeace bond. (1846) A bond required by a court from \na person who has breached or threatened to breach \nthe peace. -Also termed bond to keep the peace. See \nBREACH OF THE PEACE. [Cases: Protection of Endan\ngered Persons C=>35; Criminal Law ~ 1223.] \npenal bond. (17c) A bond requiring the obligor to pay a \nspecified sum as a penalty if the underlying obligation \nis not performed. -Also termed penal bill; common\ndefeasance bond. [Cases: Bonds ~ 1, 50.] \nperformance bond. See PERFORMANCE BOND. \npermit bond. See license bond. \npersonal bond. 1. See bail bond. 2. A written document \nin which an obligor formally recognizes an obligation \nto pay money or to do a specified act. 3. Scots law. A \nbond containing a promise without security. \nprobate bond. A bond, such as that filed by an executor, \nrequired by law to be given during a probate proceed\ning to ensure faithful performance by the person \nunder bond. [Cases: Executors and Administrators \n~26.] \nredelivery bond. See replevin bond. \nrefunding bond. A bond given to assure an executor \nthat a legatee will return an estate distribution should \nthe remaining estate assets be insufficient to pay the \nother legacies. [Cases: Executors and Administrators \n~299.] \nregistered bond. A governmental or corporate obliga\ntion to pay money, represented by a single certificate \ndelivered to the creditor.  The obligation is regis\ntered in the holder's name on the books of the debtor. \n[Cases: Corporations ~471; Municipal Corpora\ntions ~936.] \nremoval bond. 1. A bond to cover possible duties owed \nby a person who removes goods from a warehouse \nfor export. 2. A bond required in some states when a \nlitigant seeks to remove an action to another court. \n[Cases: Removal of Cases ~88.] \nreplevin bond (ri-plev-in). 1. A bond given by a plain\ntiff to replevy or attach property in the defendant's \npossession before judgment is rendered in a replevin \naction . The bond protects the attaching officer and \nensures the property's safekeeping until the court \ndecides whether it should be returned to the defen\ndant. -Also termed replevy bond. See REPLEVIN. \n[Cases: Replevin ~33.] 2. A bond given by a defen\ndant in a replevin action to regain attached property \npending the outcome of litigation . The bond does \nnot discharge the attachment lien. [Cases: Replevin \n~49.] -Also termed replevy bond; claim-property \nbond; redelivery bond. Cf.forthcoming bond. \nrespondentia bond (re-spon-den-shee-Cl or ree-). A \ncontract containing the pledge of a ship's cargo; a \nmortgage of a ship's cargo. Cf. bottomry bond. [Cases: \nShipping ~89-100.] \"A respondentia bond is a loan upon the pledge of the \ncargo, though an hypothecation of both ship and cargo \nmay be made in one instrument; and generally, it is only a \npersonal obligation on the borrower, and is not a specific \nlien on the goods, unless there be an express stipulation \nto that effect in the bond; and it amounts, at most, to \nan equitable lien on the salvage in case of loss.\" 3 James \nKent, Commentaries on American Law *354-55 (George \nComstock ed., 11th ed. 1866). \nsimple bond. 1. A bond without a penalty. 2. A bond \npayable to a named obligee on demand or on a certain \ndate. \nstatutory bond. A bond that literally or substantially \nmeets the requirements of a statute. [Cases: Bonds \n~31, 50.] \nstraw bond. (1876) A bond, usu. a bail bond, that carries \neither a fictitious name or the name of a person who \nis unable to pay the sum guaranteed; a worthless or \ninadequate bond. \nsubmission bond. A bond given by a litigant who agrees \nto submit a lawsuit to arbitration and to be bound "}
{"text": "\nsubmission bond. A bond given by a litigant who agrees \nto submit a lawsuit to arbitration and to be bound \nby an arbitrator's award. [Cases: Alternative Dispute \nResolution ~ 167.] \nsupersedeas bond (soo-pClr-see-dee-Cls). (18c) An appel\nlant's bond to stay execution on a judgment during \nthe pendency of the appeal. Fed. R. Civ. P. 62(d); Fed. \nR. App. P. 8(b). -Often shortened to supersedeas. \nSee SUPERSEDE (2). Cf. appeal bond. [Cases: Appeal \nand Error ~460; Execution ~ 158(2); Supersedeas \n~5.l \nsurety bond. See PERFORMANCE BOND. \nten-percent bond. A bail bond in the amount of 10% of \nthe bond otherwise required for a defendant's release. \n This type of bond usu. allows a defendant to arrange \na bond without the services of a bondsman or other \nsurety. \nunsecured bail bond. A bond that holds a defendant \nliable for a breach of the bond's conditions (such as \nfailure to appear in court), but that is not secured by \na deposit of or lien on property. See RECOGNIZANCE. \n[Cases: Bail ~40, 55.] \n3. A long-term, interest-bearing debt instrument issued \nby a corporation or governmental entity, usu. to provide \nfor a particular financial need; esp., such an instrument \nin which the debt is secured by a lien on the issuer's \nproperty. Cf. DEBENTURE. \n\"Typically debt securities are notes, debentures, and bonds. \nTechnically a 'debenture' is an unsecured corporate obliga \ntion while a 'bond' is secured by a lien or mortgage on \ncorporate property. However, the word 'bond' is often used \nindiscriminately to cover both bonds and debentures .... A \n'bond' is a long term debt security while a 'note' is usually \na shorter term obligation. Bonds are historically bearer \ninstruments, negotiable by delivery, issued in multiples \nof $1,000 with interest payments represented by coupons \nthat are periodically clipped and submitted for payment.\" \nRobert W. Hamilton, The Law of Corporations in a Nutshell \n128 (3d ed. 1991). \naccrual bond. A bond -usu. the last collateralized\nmortgage-obligation issue -from which no princi\npal or interest payment will be made until any bonds \n\n203 \nissued earlier have been fully paid. -Also termed \nZ-bond. \nadjustment bond. A bond issued when a corporation is \nreorganized. Also termed reorganization bond. \nannuity bond. A bond that lacks a maturity date and \nthat perpetually pays interest. -Also termed consol; \nperpetual bond; continued bond; irredeemable bond. \n[Cases: Annuities <> 19,22.] \narbitrage bond. A municipal bond, the proceeds of \nwhich are invested in bonds paying a higher yield \nthan that paid by the municipality on its own bonds. \n Under the Internal Revenue Code, the tax-free \naspect of municipal-bond income may be lost if the \nbonds are classified as arbitrage bonds. See ARBI\nTRAGE. [Cases: Internal Revenue <>3132.10.] \nassessment bond. A municipal bond repaid from \nproperty assessment taxes. [Cases: Municipal Cor\nporations <>950.] \nassumed bond. See guaranteed bond (1). \nbaby bond. A bond usu. having a face value of $1 ,000 \nor less. \nbearer bond. (1887) A bond payable to the person \nholding it.  The transfer of possession transfers the \nbond's ownership. C. registered bond. [Cases: Bonds \n86.] \nbond and mortgage. A bond that is backed by a \nmortgage on realty. -Also termed mortgage bond. \nC' DEBENTURE (3). \nbook-entry bond. A bond for which no written certifi\ncate is issued to reflect ownership. \ncallable bond. (1926) See redeemable bond. \nchattel-mortgage bond. A bond secured by a mortgage \non personal property. \nclosed-end mortgage bond. A mortgage bond with pro\nvisions prohibiting the debtor from issuing additional \nbonds against the bond's collateral. \ncollateral trust bond. 1. A bond representing a debt \nsecured by the deposit of another security with a \ntrustee. Also termed collateral trust certificate. 2. \nA long-term corporate bond that is secured by other \ncompanies' mortgage bonds held by the corporation, \nwhich pledges and depOSits the mortgage bonds in \ntrust.  The interest on these collateral trust bonds \nis typically lower than that received on the bonds \npledged; the surplus is used to form a sinking fund to \nredeem the collateral trust bonds. A holding company \noften issues these bonds by pledging the stock of a \nsubsidiary. \ncommodity-backed bond. A bond with interest \npayments or principal repayment tied to the price \nof a specific commodity, such as gold . This type \nof bond, which has a low interest rate but prOVides a \nhedge against inflation because the commodity price \nwill usu. rise, is often issued by a firm with a stake in \nthe commodity. bond \nconsolidated bond. 1. A railroad bond secured by a \nmortgage on the entire railroad line formed by several \nconsolidated railroads. Cf. divisional bond. 2. A single \nbond that replaces two or more outstanding issues. \nconstruction bond. A bond issued by a governmental \nentity for a building project. [Cases: Municipal Cor\nporations <>911.] \ncontinued bond. See annuity bond. \nconvertible bond. (1857) A bond that can be exchanged \nfor stock shares in the corporation that issued the \nbond. [Cases: Corporations <>470.) \ncorporate bond. 1. An interest-bearing instrument con\ntaining a corporation's promise to pay a fixed sum of \nmoney at some future time . A corporate bond \nbe secured or unsecured. [Cases: Corporations \n470.] 2. A bond issued by a corporation, usu. having \na maturity of ten years or longer. \ncounty bond. A county-issued bond paid through a levy \non a special taxing district, whether or not the district \nis coextensive with the county. [Cases: Counties \n187.) \ncoupon bond. A bond with attached interest coupons \nthat the holder may present to receive interest \npayments. See BOND COUPON. \ncumulative income bond. See income bond. \ncushion bond. A bond paying an uncommonly high \ninterest rate. \ndebenture bond. See DEBENTURE (3). \ndeferred-interest bond. A bond whose interest \npayments are postponed for a time. \ndiscount bond. (l918) A bond sold at its current market \nvalue, which is less than its face value. -Also termed \nnon-interest-bearing bond. \ndivisional bond. A railroad bond secured by a mortgage \non a specific segment of a consolidated railroad \nsystem. Cf. consolidated bond (1). \nendorsed bond. See guaranteed bond (1). \nequipment trust bond. A bond secured by tangible \nproperty, such as an airplane . A trustee usu. holds \ntitle to the equipment, which is leased to the issuer. \nAlso termed equipment trust certificate. \nex coupon bond. A bond sold without coupons at\ntached. \nex legal municipal bond. A municipal bond that does \nnot have the legal opinion of a bond-law firm printed \non it. Cf. municipal bond. \nfirst-mortgage bond. A long-term bond that has the \nfirst claim on specified assets. \nflat bond. A bond that trades without accrued inter\" \nest. \nfloating-interest bond. A bond with an interest rate \nthat moves up and down with changing economic \nconditions. \n\nbond \nflower bond. A Treasury bond redeemable before \nmaturity if used to settle federal estate taxes . \nFlower bonds were issued before April 1971 and \nreached final maturity in 1998. Two etymological \ntheories have been advanced to explain the term. The \nfirst, and more likely, is that the bonds had flowers \nengraved on their reverse side. The second is that they \n\"blossomed\" upon the death of their owner. \nInternal Revenue (;:=04830.] \nforeign bond. A bond issued in a currency different \nfrom that used where the issuer is located, such as a \nCanadian-government bond that is denominated in \nU.S. dollars and issued in the United States. \nfull-faith-and-credit bond. See general-obligation \nbond. \ngeneral-mortgage bond. A corporate bond secured by \na blanket mortgage on property . The general-mort\ngage bond, however, is often less valuable because it \nis subordinate to prior mortgages. [Cases: Corpora\ntions <::=>470.) \ngeneral-obligation bond. A municipal bond payable \nfrom general revenue rather than from a special \nfund . Such a bond has no collateral to back it other \nthan the issuer's taxing power. Often shortened to \nobligation bond. -Also termed full-faith-and-credit \nbond. [Cases: Municipal Corporations \n\"There are two main types of bonds issued by local govern \nments: general obligation bonds and revenue bonds .... \nBonds will be assumed to be general obligation unless they \nthemselves contain a clear promise to pay only out of a \nspecial fund.\"' Osborne M. ReynoldsJr., Handbook of Local \nGovernment Law  104, at 323 (1982). \ngold bond. 1. Hist. A bond payable in gold coin or \nU.S. currency at the election of the bondholder . \nThis type of bond existed until 1933, when the U.S. \nmonetary system abandoned the gold standard. 2. A \ncommodity-backed bond that is secured by gold and \nissued by a gold-mining company. \ngovernment bond. 1. See savings bond. 2. See govern\nment security under SECURITY. \nguaranteed bond. 1. A bond issued by a corporation \nand guaranteed by a third party . This type of bond \nis common among railroads. Also termed endorsed \nbond; assumed bond; joint bond. 2. A bond issued by \na subsidiary corporation whose parent corporation \nguarantees the principal and interest payments. \nhigh-yield bond. A high-risk, high-yield subordinated \nbond issued by a company with a credit rating below \ninvestment grade. Also termed junk bond; high\nyield debt obligation. \nimprovement bond. See revenue bond. \nincome bond. A corporate bond secured by the cor\nporation's net income, after the payment of interest \non senior debt.  Sometimes this type of bond is a \ncumulative-income bond, in which case, if the income \nin any year is insufficient to pay the full interest, the \ndeficit is carried forward as a lien on any future 204 \nincome. Also termed cumulative income bond. \n[Cases: Corporations <8=:'470.) \nindeterminate bond. A callable bond with no set \nmaturity date. \nindustrial-development bond. 1. A type of revenue \nbond in which interest and principal payments are \nbacked by a corporation rather than a municipality. \n This type of bond usu. finances a private business \nfacility. 2. A tax-exempt municipal bond that finances \na Will. local industry. -Also termed industrial-reve\nnue bond. [Cases: Municipal Corporations (;:=0912.] \ninterchangeable bond. A bond that can be exchanged \nfor a different type of bond, such as a coupon bond \nthat may be exchanged for a registered bond. \ninterest bond. A bond paid in lieu of interest due on \nother bonds. \ninvestment-grade bond. A bond with a rating of BBB \nor better by the leading bond rating services. See \nINVESTMENT-GRADE RATING. \nirredeemable bond. See annuity bond. \njoint and several bond. A bond in which the principal \nand interest are guaranteed by two or more obligors. \n[Cases: Bonds (;:=051.] \njoint bond. A bond signed by two or more obligors . \nIn contrast to a joint and several bond, all the obligors \nmust be joined if an action is brought on the bond. \n[Cases: Bonds G:::>51, 122.] \njunior bond. A bond subordinate in priority to another \nbond. \njunk bond. (1974) See high-yield bond. \nleasehold-mortgage bond. A bond issued by a lessee \nand secured by the lessee's leasehold interest. \nLloyd's bond. Hist. English law. A corporate bond issued \non work done or goods delivered . A bond issued in \nthis manner avoids any restriction on indebtedness \nexisting either in law or in corporate bylaws. The term \nsupposedly derives from an English lawyer named \nLloyd, who is credited with devising the method. \nmortgage bond. A bond secured by the issuer's real \nproperty. \nmultimaturity bond. See put bond. \nmunicipal bond. (1858) A bond issued by a nonfed\neral government or governmental unit, such as a state \nbond to finance local improvements . The interest \nreceived from a municipal bond may be exempt from \nfederal, state, and local taxes. -Often shortened (in \nplural) to municipals; munies. -Also termed munic\nipal security. Cf. ex legal municipal bond. [Cases: \nMunicipal Corporations C=\"o91 1.] \nnoncallable bond. See noncallable security under \nSECURITY. \nnon-interest-bearing bond. See discount bond. \nnonstatutory bond. See voluntary bond. \nobligation bond. See general obligation bond. \n\n205 \nopen-end mortgage bond. A mortgage bond that can \nbe used as security for another bond issue. \noptional bond. A bond that the holder may redeem \nbefore its maturity date if the issuer agrees. \noption tender bond. See put bond. \nparticipating bond. A bond that entitles the holder to \na share of corporate profits but does not have a fixed \ninterest rate. \npassive bond. A bond bearing no interest. See passive \ndebt under DEBT. [Cases: Bonds \nperpetual bond. See annuity"}
{"text": "no interest. See passive \ndebt under DEBT. [Cases: Bonds \nperpetual bond. See annuity bond. \npost-obit bond. An agreement by which a borrower \npromises to pay to the lender a lump sum (exceeding \nthe amount advanced) upon the death of a person \nwhose property the borrower expects to inherit. -\nEquity traditionally enforces such bonds only if the \nterms are just and reasonable. Also termed post\nobit agreement. \npremium bond. (1871) A bond with a selling price above \nface or redemption value. See PREMIUM (3). \nput bond. A bond that gives the holder the right to \nredeem it for full value at specified times before \nmaturity. -Also termed multimaturity bond; option \ntender bond. Cf. put option under OPTION. \nrailroad-aid bond. A bond issued by a public body to \nfund railway construction. \nredeemable bond. A bond that the issuer may call for \npayment. -Also termed callable bond. \nre-funding bond. A bond that retires an outstanding \nbond. [Cases: Municipal Corporations \nregistered bond. (1865) A bond that only the holder of \nrecord may redeem, enjoy benefits from, or transfer to \nanother. Cf. bearer bond. [Cases: Bonds 86.] \nreorganization bond. See adjustment bond. \nrevenue bond. A government bond repayable from \npublic funds. -Also termed improvement bond. \n[Cases: Municipal Corporations C:::>950(15).] \nsavings bond. (1948) A nontransferable bond issued \nby the U.S. government. -Also termed government \nbond. [Cases: United States C:::>91.] \nschool bond. A bond issued by a city or school district \nto fund school construction. [Cases: Schools \nsecured bond. (1849) A bond backed by some type of \nsecurity. Cf. DEBENTURE (1), (3). [Cases: Corporations \nC:::>473.] \nserial bond. (1889) A bond issued concurrently with \nother bonds having different maturity dates. \nseries bonds. (1920) A group of bonds issued under the \nauthority of the same indenture, but offered publicly \nat different times and with different maturity dates \nand interest rates. \nsingle bond. See bill obligatory under BILL (7). bonded debt \nsinking-fund bond. A bond backed by a sinking fund \nfor bond redemption. See sinkingfund under FUND \n(1). [Cases: Municipal Corporations \nspecial-tax bond. A municipal bond secured by taxes \nlevied for a specific governmental purpose, usu. \nimprovements. -Also termed special-assessment \nbond. [Cases: Municipal Corporations \nstate bond. A bond issued by a state. \n147.1 \nstatutory bond. A bond given in accordance with a \nstatute. [Cases: Bonds (;31,50.] \nsubordinated bond. See junior bond. \ntax-exempt bond. A bond that pays tax-free interest. \n[Cases: Internal Revenue C:::>3132.l0; Taxation \n3410,3462.] \nterm bond. A bond that matures concurrently with \nother bonds in that issue. \nTIPS bond. See TREASURY BOND. \nTreasury bond. See TREASURY BOND. \nunsecured bond. See DEBENTURE (3). \nvoluntary bond. A bond not required by statute but \ngiven anyway. -Also termed nonstatutory bond. \nZ-bond. See accrual bond. \nzero-coupon bond. (1979) A bond paying no interest. \n-It is sold at a discount price and later redeemed \nat face value, the profit being the difference. Also \ntermed passive bond. See zero-coupon security under \nSECURITY. \nbond, vb. (16c) 1. To secure payment by providing a bond \n<at the creditor's insistence, Gabriel consolidated and \nbonded his various loans>. 2. To provide a bond for (a \nperson) <the company bonded its off-site workers>. \nbondable, adj. Capable of obtaining a bond to protect \nanother person; of or relating to a person whose record \nis sufficiently clear of criminal convictions or other \nevidence of questionable character that a bonding \nagency would be willing to guarantee the person's \nconduct. See BOND (2). \nbond and mortgage. See BO:-.!D (3). \nbond conversion. The exchange of a convertible bond \nfor another asset, usu. stock. \nbond coupon. The part of a coupon bond that is clipped \nby the holder and surrendered to obtain an interest \npayment. See coupon bond under BOND (3). \nbond covenant. A bond-indenture provision that protects \nbondholders by specifying what the issuer mayor may \nnot do, as by prohibiting the issuer from issuing more \ndebt. See BOND INDENTURE (1). \nbond creditor. See CREDITOR. \nbond discount. See DISCOUNT (3). \nbond dividend. See DIVIDEND. \nbonded, adj. (1945) (Of a person or entity) acting under, \nor placed under, a bond <a bonded court official>. \nbonded debt. See DEBT. \n\nbonded warehouse \nbonded warehouse. See WAREHOUSE. \nbond for a deed. See bond for land under BOND (2). \nbond for deed. 1. See CONVEYANCE (6). 2. See BOND FOR \nTITLE. \nbond for land. See BOND (2). \nbond for title. Real estate. The seller's retention of legal \ntitle until the buyer pays the purchase price. Also \ntermed bond for deed. Cf. contract for deed under \nCONTRACT. [Cases: Vendor and Purchaser \nbond fund. See MUTUAL FUND. \nbondhol4er. One who holds a government or business \nbond. \nbond indenture. (1891) 1. A contract between a bond \nissuer and a bondholder outlining a bond's face value, \ninterest rate, maturity date, and other features. 2. A \nmortgage held on specified corporate property to \nsecure payment of the bond. \nbonding company. See COMPANY. \nbond issue. See ISSUE (2). \nbondman. See BONDSMAN (2). \nbond of corroboration. See BOND (2). \nbond premium. See PREMIUM (3). \nbond rating. A system of evaluating and appraising the \ninvestment value of a bond issue. \nbond retirement. (1897) 1be cancellation of a bond that \nhas been called or paid. \nbondsman. (Be) L One who guarantees a bond; a surety. \n2. Rist. A serf or peasant; VILLEIN. Also termed (in \nsense 2) bondman. \nbond table. A schedule used in determining a bond's \ncurrent value by its coupon rate, its time to maturity, \nand its effective yield if held to maturity. \nbond trust. See TRUST. \nbones gents (bohn jents). [Law French \"good men\"] Rist. \nQualified or competent persons; esp., men qualified to \nserve on a jury. \nbonification (bahn-d-fi-kay-sh;:m). A tax remission, usu. \non goods intended for export. -Bonification enables \na commodity to be sold in a foreign market as if it had \nnot been taxed. \nboni homines (boh-m hom-d-neez). [Law Latin \"good \nmen\") Hist. Free tenants who judged each other in their \nlord's court. \n\"[WJe may find traces of juries in the laws of all those \nnations which adopted the feodal system, as in Germany, \nFrance. and Italy; who had all of them a tribunal composed \nof twelve good men and true, 'boni homines' .... \" 3 \nWilliam Blackstone. Commentaries on the Laws of England \n349 (1768). \nbonis cedere (boh-nis see-do:l-ree). [Latin \"to cede one's \ngoods\"] Civil law. A transfer or surrender of property, \nusu. from a debtor to a creditor. \nbonis non amovendis. See DE BONIS NON AMOVENDIS. 206 \nbonitarian (bahn-d-tair-ee-in), adj. Roman law. L Equi\ntable or beneficial. -Also termed bonitary. Cf. QUIRI\nTARIAN. 2. Hist. Pertaining to or designating a property \ninterest governed by praetorian edict rather than civil \nlaw. See edictum praetoris under EDICTUM. \nbonitary (bahn-d-tair-ee-in), adj. Equitable; BONITAR\nIAN (1). \nbonitaryownership. See OWNERSHIP. \nbono et malo (boh-noh et mal-oh). See DE BO:NO ET \nMALO. \nbonorum possessio contra tabulas (bd-nor-dm po:l-zes(hj\nee-oh kahn-trd tab-Yd-Ids). [Latin \"possession of goods \ncontrary to the terms of the will \"] Roman law. An order \nauthorizing the applicant to take possession of an estate \ncontrary to the testament. -Magistrates made such \norders in certain cases, as where a testator passed over a \ndaughter or an emancipated son who was not expressly \ndisinherited. The legacies in the will remained valid, \nbut if the testator passed over any male in the testator's \npower (patria potestas), the will was invalidated and \nintestacy resulted. -Also termed contra tabulas. \nThe Praetor could not affect the civil validity of a will; he \ncould not make or unmake a heres. He could. however, give \nbonorum possessiO to a person, heres or not at civil law, \nwhich gave him power to take possession of the goods by \nappropriate steps, bonorum possessio contra tabu las .... \" \nWW. Buckland, A Text-Book of Roman Law from Augustus \nto Justinian 324 (Peter Stein ed., 3d ed. 1963). \nbonum factum (boh-ndm fak-tdm). [Latin] A good or \nproper act or deed. -Abbr. b.f Also termed bene \nfactum. \nbonus. (18c) 1. A premium paid in addition to what is due \nor expected <year-end bonus>. -In the employment \ncontext, workers' bonuses are not a gift or gratuity; they \nare paid for services or on consideration in addition to \nor in excess of the compensation that would ordinarily \nbe given. 2. BOUNTY (3). 3. Oil & gas. A payment that \nis made in addition to royalties and rent as an incen\ntive tor a lessor to sign an oil-and-gas lease <the lessee \nreceived a large bonus at dosing>. [Cases: Mines and \nMinerals ~79.l(2).] \n\"The amount of bonus paid, usually referred to as a per \nacre amount. may fluctuate widely between properties. The \namount paid depends upon the nature of the development \nactivity in the vicinity. If the land is located in a semiproven \narea, or in a logical extension of a proven field, the bonus \npaid may be substantial.\" Richard W. Hemingway, The Law \nof Oil and Gas  2.5, at 57 (3d ed. 1991). \nperformance bonus. A bonus given as a reward for out-\nstanding productivity. \nbonus share. See bonus stock under STOCK. \nbonus stock. See STOCK. \nbonus zoning. See incentive zoning under ZONING. \nboodle. Slang. Money paid as a bribe, usu. to a public \nofficial. \nboodling. Hist. Slang. Bribery. boodle, vb. \nbook, vb. (l3c) 1. To record in an accounting journal (as \na sale or accounting item) <Jenkins booked three sales \nthat day>. 2. To record the name of (a person arrested) \n\n207 \nin a sequential list of police arrests, with details of the \nperson's identity (usu. including a photograph and a fin\ngerprint), particulars about the alleged offense, and the \nname of the arresting officer <the defendant was booked \nimmediately after arrest>. 3. To engage (someone) con\ntractually as a performer or guest <although the group \nwas booked for two full performances, the lead Singer, \nRaven, canceled and this action ensued>. See BOOKING \nCONTRACT. \nbook account. See ACCOUNT. \nbook entry. (ISc) 1. A notation made in an account\ning journaL 2. The method of reflecting ownership \nof publicly traded securities whereby a customer of a \nbrokerage firm receives confirmations of transactions \nand monthly statements, but not stock certificates. See \nCENTRAL CLEARING SYSTEM. [Cases: Brokers \n26.] \nbook-entry bond. See BOND (3). \nbook equity. The percentage of a corporation's book \nvalue allocated to a particular class of stock. Cf. BOOK \nVALUE; MARKET EQUITY. \nbookie. See BOOKMAKER. \nbooking contract. An agreement by which an actor or \nother performer is engaged. \nbookkeeping, n. (l7c) The mechanical recording of debits \nand credits or the summarizing of financial informa\ntion, usu. about a business enterprise. Cf. ACCOUNT\nING. \ndouble-entry bookkeeping. A method of bookkeep-\nin which every transaction recorded by a business \ninvolves one or more \"debit\" entries and one or more \n\"credit\" entries . The debit entries must equal the \ncredit entries for each transaction recorded. \nsingle-entry bookkeeping. A method of bookkeeping in \nwhich each transaction is recorded in a single record, \nsuch as a record of cash or credit accounts. \nbookland (buuk-Iand). Hist. Land held under royal \ncharter or deed; freehold land . This was a privileged \nform of ownership (usu. free of the customary burdens \non land) generally reserved for churches and leaders. \nAlso spelled boc/and; bockland. -Also termed charter\nland. Cf. LOANLAND; FOLKLAND. \n\"Charter-land is such as a man holds by charter, that is, by \nevidence in writing, which otherwise is called freehold. .. \n[Tlhis land was held with more easy and commodious con\nditions, than folkland and copy-hold land held without \nwriting; ... it is a free and absolute inheritance; whereas \nland without writing is charged with payment and bondage; \nso that for the most part noblem"}
{"text": "it is a free and absolute inheritance; whereas \nland without writing is charged with payment and bondage; \nso that for the most part noblemen and persons of quality \npossess the former, and rustics the other. The first we call \nfreehold and by charter: the other, land at the will of the \nlord.\" Termes de la Ley 80 (1st. Am. ed. 1812). \n\"From very early times it was common to make grants of \nland to religious bodies or to individuals. The grants were \neffected by the king as the chief of the community, with \nthe consent of the great men, who in conjunction with the \ngreat ecclesiastics, after the introduction of Christianity, \nformed the Witenagemot, or Assembly of the Wise. The \ngrant was made by means of a 'book' or charter. Land thus \ngranted was said to be 'booked' to the grantee, and was \ncalled bocland or bookland. Thus bookland comes to mean boon day \nland held under a written instrument by private persons or \nchurches; who or whose predecessors are, or at least are \nsupposed to have been, grantees of the community. The \npractice seems, after the introduction of Christianity, to \nhave prevailed chiefly in favour of religious houses, and in \nthis way the great ecclesiastical corporations acquired their \nproperty .... In process of time the conception of bookland \nseems to be coextensive with that of alodial land.\" Kenelm \nE. Digby, An Introduction to the History of the Law of Real \nProperty 11-12 (5th ed. 1897). \n\"Prior to the Conquest, property in land was divided into \nbocland, folcland, and laenland. The exact nature of these \nrights has been disputed, but probably hocland was held \nby owners of high station claiming under a charter of privi\nleges originally granted by the King, while folclandwas held \nby ordinary owners according to the custom of the district \nin which the land lay. Laenland, or loanland, appears to \nhave represented something in the nature of a tenancy of \na less enduring character. It derived its existence from the \nloan of land by one person to another, and hence empha\nsises the relation later known as that of feudal landlord and \ntenant. Furthermore, as bocland became more common, a \ntendency for laenland and hocland to coalesce appeared.\" \nA.K.R. Kiralfy, Potter's Outlines of English Legal History 195 \n(5th ed. 1958). \nbookmaker. A person who determines odds and receives \nbets on the outcome of events, esp. sports events. -\nAlso termed bookie. See BOOKMAKING. \nbookmaking. Gambling that entails the taking and \nrecording of bets on an event, esp. a sporting event \nsuch as a horse race or football game. [Cases: Gaming \nbook of original entry. A day-to-day record in which a \nbusiness's transactions are first recorded. \nbooks of account. See SHOP BOOKS. \nBooks of Adjournal. Scots law. The records of the High \nCourt ofJusticiary. \nBooks of Sederunt. Scots law. The records of the Court \nof Session. \nbook value. (1894) 1. The value at which an asset is \ncarried on a balance sheet. Cf. BOOK EQUITY. Also \ntermed carrying value. 2. See OWNER'S EQUITY. \nadjusted book value. The current actual value of an \nasset or liability as compared to the value when it was \nfirst acquired or incurred or when changes were pre\nviously updated. \nnet book value. See OWNER'S EQUITY. \nbook-value stock. See STOCK. \nboomage. 1. A fee charged by a company for collect\ning and distributing logs that have accumulated in its \nboom (Le., a line of sawed logs collected and stored on \na stream's surface). [Cases: Logs and Logging 14.] \n2. A right to enter on riparian lands to fasten booms. 3. \nAn anchorage fee charged by a canal proprietor. [Cases: \nCanals (::;;;)27.J \nboon, n. Hist. Unpaid services, rendered in kind or \nlabor, without being fixed in amount or time, that \nsome tenants owed to the landowner as a condition \nof tenancy. \nboon day. (usu. pI.) Hist. One of several days in the year \nwhen copyhold tenants were obliged to perform base \n\nboot \nservices for the lord (such as reaping corn) without \npay. Also termed due day. Sometimes (errone\nously) termed bind day. \nboot, n. 1. Tax. Supplemental money or property subject \nto tax in an otherwise tax-free exchange. [Cases: \nInternal Revenue (:::::::>3679.] 2. Corporations. In a cor\nporate reorganization, anything received other than \nthe stock or securities of a controlled corporation. 3. \nCommercial law. Cash or other consideration used \nto balance an otherwise unequal exchange. 4. Hist. \nESTOVERS (1). 5. BOTE (1). \nboot camp. (1916) 1. A camp for basic training of Navy \nor Marine Corps recruits. 2. A military-like facility \nesp. for juvenile offenders. -Boot camps are special\nized programs for offenders who are generally nonvio\nlent males from 17 to 25 years old. While proponents \napplaud the success of these programs, others find their \nlong-term success limited at best. See shock incarcera\ntion under INCARCERATION. \nboothage (boo-thij). See BOTHAGIUM. \nbootleg, vb. Copyright. To make, distribute, or traffic in \nunauthorized sound or video recordings of live. broad\ncast. or recorded performances that have not been com\nmercially released by the copyright owner. -The term \nstrictly applies only to unauthorized copies of com\nmercially unreleased performances. Dowling v. United \nStates, 473 U.S. 207, 209 n. 2, 105 S.Ct. 3127, 3129 n. 2 \n(1985) (Blackmun, J.). See PIRACY (4). bootleg, vb.\nbootleg; bootlegged, adj. \nbootleg copy. Copyright. See BOOTLEG RECORDING (1). \nbootlegger, n. A person who manufactures. transports, \nor sells something illegally, esp. alcoholic beverages. \nSee MOONSHINE. [Cases: Intoxicating Liquors (:::::::>'137, \n138,146.] \nbootleg recording, n. Copyright. 1. An unauthorized \nfixation or copy of a live or broadcast performance in \na tangible medium or digital duplication made avail\nable over the Internet. -Also termed bootleg copy, \nunderground recording, import recording. [Cases: Copy\nrights and Intellectual Property (:::::::>67.2.]2. See PIRATE \nRECORDING. 3. COUNTERFEIT RECORDING. \nbootstrap, vb. (1951) 1. To succeed despite sparse \nresources. 2. To reach an unsupported conclusion from \nquestionable premises. \nbootstrap doctrine. (1940) Conflict of laws. The doctrine \nthat forecloses collateral attack on the jurisdiction of \nanother state's court that has rendered final judgment. \n The doctrine applies when a court in an earlier case \nhas taken jurisdiction over a person. over status, or over \nland. It is based on the principle that under res judicata. \nthe parties are bound by the judgment. whether the \nissue was the court's jurisdiction or something else. The \nbootstrap doctrine, however. cannot effectiveness \nto a judgment by a court that had no subject-matter \njurisdiction. For example. parties cannot, by appearing \nbefore a state court, \"bootstrap\" that court into having \njurisdiction over a federal matter. [Cases: Judgment C-'=' \n488,818,829.] 208 \n\"If the court which rendered the judgment has, with the \nparties before it. expressly passed upon the jurisdictional \nquestion in the case, or had opportunity to do so because \nthe parties could have raised the question, that question \nis res judicata, and is therefore not subject to collateral \nattack in the state in which the judgment is sued on. This \nhas been called the 'bootstrap doctrine,' the idea being \nthat a court which initially had no jurisdiction can when \nthe issue is litigated lift itself into jurisdiction by its own \nincorrect but conclusive finding that it does havejurisdic\ntian.\" Robert A. Leflar. American Conflicts Law  79, at 159 \n(3d ed. 1977). \nbootstrap sale. See SALE. \nbooty. 1. Int'llaw. Movables taken from the enemy as \nspoils in the course of warlike operations. -Also \ntermed spoils of war. 2. Property taken by force or \npiracy; prize or loot. \nBOP. abbr. BUREAU OF PRISONS. \nbordage (bor-dij). Hist. A type of tenure in which a \ntenant holds a cottage and a few acres in exchange \nfor providing customary services to the lord. Also \ntermed bordagium. \nbordar (bor-d;:lr). Hist. A bordage tenant. -The status \nof such a tenants was less servile than that of a villein \ntenant. See BORDAGE; VILLEINAGE. Also termed \nbordarius (pI. bordarii). \nborder. A boundary between one nation (or a political \nsubdivision) and another. \nBorder and Transportation Security Directorate. The \ndivision of the U.S. Department of Homeland Security \nresponsible for maintaining the safety of the nation's \nborders and transportation systems. _ The Directorate \nincludes the Transportation Security Administration, \nthe U.S. Customs Service. the border security func\ntions of the U.S. Citizenship and Immigration Service, \nthe Animal & Plant Health Inspection Service. and the \nFederal Law Enforcement Training Center. It is the \nDepartment's largest division. Abbr. BTS. \nborder control.lnt'llaw. A country's physical manifes\ntation of its territorial sovereignty, by which it regu\nlates which people and goods may enter and leave. -\nAs a practical matter, border controls are often used to \ncontain plant and animal diseases, fight terrorism, and \ndetect the movement of criminals. \nbordereau (bor-d;:l-roh). n. 1. A description of reinsured \nrisks; esp., a periodic report provided by a cedent to \na treaty reinsurer, consisting of basic information \naffecting the reinsurance treaty, such as the underly\ning insureds, the types of risks covered, policies, and \ndates ofloss. See REINSURANCE TREATY. 2. A detailed \nnote of account. PI. bordereaux. bordereau, vb. \nborder search. See SEARCH. \nborder warrant. See WARRANT (1). \nbord-halfpenny (bord-hay-p;:l-nee). See BOTHAGIUM. \nbordlands. Hist. Land used by the nobility to produce \nfood. _ Bordlands remained under the nobility's direct \ncontrol or were given to tenants who produced provi\nsions for the landowner. Cf. BORDAGE. \n\n209 \nborg (borg), n. Hist. Scots law. 1. A thing deposited as \na security, esp. for bail or a suretyship. 2. A surety. -\nAlso spelled borghe; borh. \nborgh. 1. See BORG. 2. See BORROW. \nborh. 1. See BORG. 2. See BORROW. \nbork (bork), vb. (1987) Slang. 1. (Of the u.s. Senate) to \nreject a nominee, esp. for the U.S. Supreme Court, on \ngrounds of the nominee's political and legal philoso\nphy . The term derives from the name of Robert Bark, \nPresident Ronald Reagan's unsuccessful nominee for \nthe Supreme Court in 1987. 2. (Of political and legal \nactivists) to embark on a media campaign to pressure \nU.S. Senators into rejecting a President's nominee. 3. \nGenerally, to smear a political opponent. \nborn-alive test. 1. Under the common law, a showing that \nan infant was completely expelled from the mother's \nwomb and possessed a separate and independent exis\ntence from the mother. 2. A shoWing that an infant, \nat the time of birth, was capable of living a separate \nand independent existence (regardless of how long the \ninfant actually lived) . This test was first announced in \nBonbrest v. Kotz, 65 F. Supp. 138 (D.D.C. 1946). [Cases: \nAbortion and Birth Control (~109.] \nborn valid. Patents. Presumed to be good; entitled to \nthe legal presumption that a patent was justified when \nissued and that challengers bear the burden of proving \nby dear and convincing evidence that the patent should \nnot have been granted . Defenses against infringe\nment claims take three tacks: denying that the product \ninfringes on the plaintiff's rights, challenging the \nvalidity of the patent itself, or challenging its enforce\nability. Also termed presumption of validity. [Cases: \nPatents \n''The patent statute is unambiguous: 'A patent shall be \npresumed valid .... The burden of establishing invalidity \nof a patent or any claim thereof shall rest on the party \nasserting such invalidity.' A patent is born valid. It remains \nvalid until a challenger proves it was stillborn or had birth \ndefects, or is no longer Viable as an enforceable right.\" \nRoper Corp. v. Litton Sys., Inc., 757 F.2d 1266, 1270 (Fed. \nOr. 1985) (quoting 35 USCA  282). \nborough (b3r-d), n. 1. A town or township with a munic\nipal charter, such as one of the five political divisions of \nNew York City. [Cases: Municipal Corporations \n2. English law. A chartered town that originally sent a \nmember to Parliament. 3. Hist. A fortified or important \ntown. -Also spelled burgh. \nborough court. English law. An inferior civil court of \nrecord, usu. preSided over by the municipal recorder. \n Most borough courts were abolished by Parliament \nin 1972. Cf. BOROUGH SESSIONS; RECORDER (1). \nborough English. Hist. A common-law rule of descent \nwhereby the youngest son (or sometimes the youngest \ndaughter or collateral heir) inherited all his father's \nlands . If the landowner had no issue, his youngest \nbrother inherited the land. This practice applied to \ns"}
{"text": "'s \nlands . If the landowner had no issue, his youngest \nbrother inherited the land. This practice applied to \nsocage tenures in some parts of England. It was abol\nished by statute in 1925. Also termed postremogen-bote \niture; ultimogeniture. -Also termed burgh English; \nburgh Engloys. See PRIMOGENITURE. \nborough fund. English law. The revenue generated by a \nmunicipal borough. \nborough-holder. See BORSHOLDER. \nborough reeve. See REEVE. \nborough sessions. Criminal-court sessions held before a \nmunicipal recorder. Cf. BOROUGH COURTS; RECORDER \n(1). \nborrow, n. A frankpledge. Also spelled borgh; borh. \nSee DECENARY; FRANKPLEDGE. \nborrow, vb. 1. To take something for temporary use. 2. \nTo receive money with the understanding or agreement \nthat it must be repaid, usu. with interest. See LOAN. \n[Cases: Contracts C=:c 194.] \nborrowed capital. Funds lent to a corporation or other \nentity to finance its operations, such as cash dividends \nthat are declared by a corporation but temporarily \nretained (with stockholder approval) to provide operat\ning funds. [Cases: Internal Revenue C=:c4133; Taxation \nC=:c2545.] \nborrowed employee. See EMPLOYEE. \nborrowed servant. See borrowed employee under \nEMPLOYEE. \nborrowed-statutes doctrine. The principle that if one \nstate adopts a statute identical to that of another state, \nany settled judicial construction of that statute by the \ncourts of the other state is binding on the courts of the \nstate that later enacts the statute. [Cases; Courts \n95(2); Statutes 0;::;226.J \nborrower. A person or entity to whom money or some\nthing else is lent. \nborrowhead. See BORSHOLDER. \nborrowing statute. (1934) A legislative exception to the \nconflict-of-Iaws rule holding that a forum state must \napply its own statute of limitations . A borrowing \nstatute specifies the circumstances in which a forum \nstate will apply another state's statute oflimitations. \n[Cases; Limitation of Actions \nborsholder (bors-hohl-dar). Hist. 1. The chief of a tithing \nor frankpledge. 2. A petty constable. Also termed \nborough-holder; borrowhead; headborough. \nBoston interest. See INTEREST (3). \nbote (boht). [Anglo-Saxon] Hist. 1. A compensation or \nprofit; esp., an allowance of wood; ESTOVERS (1). \nAlso spelled bot; boot. \nbrigbote. See BRIGBOTE. \ncartbote. See plowbote. \nfirebote. See housebote. \nhaybote. See HAYBOTE. \nhedgebote. See HAYBOTE. \nhousebote. An allowance of wood from the estate used \nto repair a house or to burn in the fireplace. Also \ntermed firebote. \n\nbote less \nplowbote. An allowance of wood for the construc-\ntion and repair of farm equipment. Also termed \ncartbote. \nwainbote. An allowance of wood for the repair of \nwagons. \n2. A compensatory payment for causing an injury. Cf. \nBOTELESS. \n\"Bot (relief, remedy, compensation) was set at a certain \nnumber of shillings in case of wounding, a higher number if \nthe wound injured not only flesh but also bone; indemnity \nhad to be higher if the bone was broken. And so it went \nwith other injuries.\" Charles Herman Kinnane, A First Book \non Anglo-American Law 215 (2d ed. 1952). \nGodbot~. A church fine paid for offenses against God. \nhadbote. Hist. Amends for an affront to or violence \nagainst a person in holy orders. -Also spelled \nhad-bot. \nkinbote. See manbote. \nlowbote. See LOWBOTE. \nmaegbote (mag-boht). Bote paid to the relatives of an \ninjured person. \nmanbote. Compensation for killing someone. -Also \ntermed kinbote. \ntheftbote (theft-boht). The acceptance of a payment \nfrom a thief in exchange i()r an agreement not to pros\necute; COMPOUNDING A CRIME. -The payment might \nbe either a bribe or a return of the stolen goods them\nselves. This was a form of compounding a felony. \n\"Another offence of this class is theftbote or composition \nwith a thief by which the person robbed takes his goods \nagain and by contract suppresses the robbery and defrauds \njustice. This crime is punishable by fine and imprisonment.\" \n1 Sir Robert Chambers, A Course of Lectures on the English \nLaw: 1767-/773448 (Thomas M. Curley ed., 1986). \n3. A tenant's right to use as much wood from the estate \nas necessary for fuel, fences, and other agricultural \noperations. -Bote in this sense is an earlier form of \nestovers. 4. BRIGBOTE. \nboteless (boht-Ias), adj. Hist. 1. Of or relating to an \noffense that cannot be expiated or otherwise remedied \nby the payment of a fine, the offender being required to \nsuffer loss ofliberty or life. _ Boteless offenses appeared \nin Anglo-Saxon Britain about A.D. 700. They appear \nto have involved treason or violence against the king. \n2. Without relief or remedy; without the privilege of \nmaking satisfaction for a crime by pecuniary payment. \n The modern word bootless is derived from this term. \nCf. BOTE (2). \n\"In the laws of lne it appeared possible, in the discretion \nof the kind, to put certain offenders to death, rather than \nlet them save themselves by paying a money fine. This \ninvolved a step in the modern direction, as far as criminal \nlaw is concerned. The 'boteless' offense, that is, the offense \nwhich can not be fully expiated by the payment of a money \nfine so that the gUilty person must suffer loss of liberty or \nlife is so familiar to us that we take it as a matter of course; \nit seems, however, to have first appeared in Anglo-Saxon \nBritain about the year A.D. 700. In general, these 'bote less' \noffenses seem to have appeared in connection with matter \nthat we would say now involved treason or Violence offered 210 \nto the king.\" Charles Herman Kinnane, A First Book on \nAngloAmerican Law 216-17 (2d ed. 1952). \nbothagium (bah-thay-jee-am). Hist. Customary dues \npaid to a lord for placing a booth in a fair or market. -\nAlso termed bard-halfpenny; boothage. \nbotHer of the kiug. Hist. An officer who provided the \nking's wines. -By virtue of office, the botiler could \nchoose two casks from every wine-laden ship. The \nmodern word butler is derived from botiler. \nbottomage bond. See bottomry bond under BOND (2). \nbottom-hole agreement. Oil & gas. A support agree\nment in which the contributing party agrees to make a \ncash contribution to the drilling party in exchange for \ngeological or drilling information if the well is drilled \nto the agreed depth. See SUPPORT AGREEMENT. [Cases: \nMines and Minerals (;:~) 109.] . \nbottomland. (18c) Low-lying land, often located in a \nriver's floodplain. \nbottomry. Maritime law. A contract by which a ship\nowner pledges the ship as security for a loan to finance \na voyage (as to equip or repair the ship), the lender \nlOSing the money if the ship is lost during the voyage. \n-The term refers to the idea that the shipowner pledges \nthe ship's bottom, or keel. Cf. RESPOKDEKTIA. [Cases: \nShipping G~88.] \nbottomry bond. See BOND (2). \nbought and sold notes. Two memoranda prepared by a \nbroker to record the sale of a note. -'The broker sends \nthe bought note to the purchaser, and sends the sold \nnote to the seller. \nbought note. See NOTE (1). \nboulevard rule. The principle that the driver of a vehicle \napproaching a highway from a smaller road must stop \nand yield the right-of-way to all highway traffic. [Cases: \nAutomobiles c;:=.17l(5).] \nboulwarism. Labor law. A bargaining tactic in which \nan employer researches the probable outcome of col\nlective bargaining and uses the information to make a \nfirm settlement ofter to a union on a take-it-or-Ieave-it \nbasis, so that there is no real negotiation. _ Boulwar\nism is now considered to be an unfair labor practice \nby the National Labor Relations Board. The practice \ntakes its name from Lemuel Boulware, vice president \nfor employee relations at General Electric Company, \nwho used the technique during the mid-20th century. \n[Cases: Labor and Employment c;:=.1483(l).J \nbounced check. See bad check under CHECK. \nbound, adj. (lSc) 1. Constrained by a contractual or \nother obligation <they are bound to make the payments \nby the first of each month>. 2. (Of a court) constrained \nto follow a precedent <bound by a Supreme Court \ndecision>. \nbound, n. (usu. pI.) (l3c) 1. BOUNDARY <metes and \nbounds>. 2. A limitation or restriction on action \n<within the bounds of the law>. \n\n211 \nbound, vb. (14c) To delineate a property boundary \n<property bounded by the creek>. Cf. BIND. \nboundary. (l598) 1. A natural or artificial separation \nthat delineates the confines of real property <the creek \nserves as a boundary between the two properties>. See \nMETES AND BOUNDS. [Cases: Boundaries (;:::0 1-25.] \n\"The object of all rules for the establishment of boundaries \nis to ascertain the actual location ofthe boundary as made \nat the time. The important and controlling consideration, \nwhere there is a conflict as to a boundary, is the parties' \nintention, whether express or shown by surrounding cir\ncumstances .... \" 11 c.J.S. Boundaries  3 (1995). \nagreed boundary. A negotiated boundary by which \nadjacent landowners resolve uncertainties over the \nextent of their land. -Also termed boundary by \nagreement; boundary by acqUiescence. See DOCTRINE \nOF PRACTICAL LOCATION. [Cases: Boundaries (;:::046, \n48.] \nland boundary. (l8c) The limit of a landholding, usu. \ndescribed by linear measurements of the borders, by \npoints of the compass, or by stationary markers. See \nFORTY; LEGAL DESCRIPTION. [Cases: Boundaries \nlost boundary. A boundary whose markers have \ndecayed, changed, or been removed or displaced in \nsuch a manner that the boundary's correct location \ncan no longer be determined with confidence. [Cases: \nBoundaries (;:::056.] \nnatural boundary. Any nonartificial thing (such as a \nriver or ocean) that forms a boundary of a nation, a \npolitical subdivision, or a piece of Also \ntermed natural object. [Cases: Bounda ies \nprivate boundary. An artificial boundary marker. \n[Cases: Boundaries C=5.] \npublic boundary. A natural formation that marks the \nbeginning of a boundary line. -Also termed natural \nboundary. [Cases: Boundaries \n2. Int'l law. A line marking the limit of the territorial \njurisdiction of a state or other entity having an interna\ntional status. [Cases: International Law (;:::oS.] \nboundary by acquiescence. See agreed boundary under \nBOUNDARY. \nboundary by agreement. See agreed boundary under \nBOUNDARY. \nboundary traffic. The movement of persons or goods \nacross an international boundary. \nbound bailiff. See BAILIFF. \nbounded tree. A tree that marks a corner of a property's \nboundary. \nbounder. A visible mark that indicates a territorial limit \nin a land survey. \nbounty. (13c) 1. A premium or benefit offered or given, \nesp. by a government, to induce someone to take action \nor perform a service <a bounty for the killing of dan\ngerous animals>. Cf. REWARD. 2. A gift, esp. in a will; \ngenerosity in giving <the court will distribute the testa\ntor's bounty equally>. 3. The portion of a salvage award boycott \nexceeding what the salvor would be entitled to on the \nbasis of quantum meruit. -Also termed gratuity; \nbonus. \nbounty hunter. (1930) A person who for a fee pursues \nsomeone charged with or suspected of a crime; esp., a \nperson hired by a bail-bond company to find and arrest \na criminal defendant who has breached the bond agree\nment by failing to appear in court as ordered. Also \ntermed bail-enforcement agent. \nbounty land. See LAND. \nbounty-land warrant. Hist. A state-or federal-gov\nernment-issued certificate affirming a veteran's eligi\nbility to apply for ownership of a certain amount of \npublic land . A veteran had to apply for a bounty-land \nwarrant; it was not automatically granted. When the \napplication was approved, the veteran received notice \nthat the warrant had been issued in the veteran's name \nand was on file in the General Land Office. The veteran \ncould then sell or otherwise transfer the bounty-land \nwarrant to anyone, even a nonveteran. The warrant \nholder acquired the right to redeem the warrant and \napply for a land patent. The last statute authorizing the \nissue of bounty-land warrants was enacted in 1894, and \nthe last warrants were issued in 1906. \nbourse (buurs). [French] French law. An exchange; a stock \nexchange. Also termed bourse de commerce. \nboutique (boo-teek). (1984) A small specialty business; \nesp., a small law firm specializing in one particular \naspect oflaw practice <a tax boutique>. \nbovata terrae (boh-vay-ta ter-ee). [Law Latin] Hist."}
{"text": "<a tax boutique>. \nbovata terrae (boh-vay-ta ter-ee). [Law Latin] Hist. See \nOXGANG. \nbow-bearer. Hist. An officer responsible for apprehend\ning trespassers and poachers in the king's forest. \nbox, vb. Hist. Eng. & Scots law. To file a paper with a \ncourt oflaw. \nbox day. Hist. Scots law. One of the vacation days formerly \nappointed for filing papers in the Court of Session. \nbox-top license. See shrink-wrap license under \nLICENSE. \nboycott, n. (1880) 1. An action deSigned to achieve the \nsocial or economic isolation of an adversary . The \nterm derives from Captain Charles C. Boycott, an \nEnglish landowner in famine-plagued Ireland of the \n1870s; because of his ruthless treatment ofIrish tenant \nfarmers, the Irish Land League ostracized him. 2. A \nconcerted refusal to do business with a party to express \ndisapproval of that party's practices. 3. A refusal to \ndeal in one transaction in an effort to obtain terms \ndesired in a second transaction . Under the Sherman \nAntitrust Act, even peaceful persuasion of a person \nto refrain from dealing with another can amount to a \nboycott. See 15 USCA  1-7. Cf. PICKETING; STRIKE.\nboycott, vb. \nconsumer boycott. (1941) A boycott by consumers of \nproducts or services to show displeasure with the \nmanufacturer, seller, or provider. \n\nBoykin Act \ngroup boycott. Antitrust. 1. CONCERTED REFUSAL TO \nDEAL. 2. A type of secondary boycott by two or more \ncompetitors who refuse to do business with one firm \nunless it refrains from doing business with an actual \nor potential competitor of the boycotters. - A group \nboycott can violate the Sherman Act and is analyzed \nunder either the per se rule or the rule of reason, \ndepending on the nature of the boycott. See PER SE \nRULE; Rt:LE OF REASOK [Cases: Antitrust and Trade \nRegulation \n\"Since early in this century, courts have interpreted Section \n1 [of the Sherman Act] to limit the ability of competing firms \nto agree not to deal with or to isolate another firm. Unlike \nmany-cartels, where all competitors voluntarily join to fix \nprices (and share monopoly rewards), concerted refusals \nto deal usually involve a subset of all market participants \nwho band together to gain market power by destroying or \ncoercing their rivals. Such organized refusals to deal with \na particular firm are usually given the pejorative label of \n'group boycotts.\" Ernest Gellhorn & William E. Kovacic, \nAntitrust Law and Economics in a Nutshell 204 (4th ed. \n1994). \nprimary boycott. (1903) A boycott by union members \nwho stop dealing with a former employer. [Cases: \nLabor and Employment (;= 1393.] \nsecondary boycott. (1903) A boycott of the customers \nor suppliers of a business so that they will withhold \ntheir patronage from that business. -For example, a \ngroup might boycott a manufacturer who advertises \non a radio station that broadcasts messages consid\nered objectionable by the group. [Cases: Labor and \nEmployment 1412.] \nBoykin Act. Hist. Patents. A statute, passed after World \nWar II, that extended the U.S. patenting deadlines for \ncitizens of former enemy nations. - A similar measure, \nthe Nolan Act, was passed after World War I. \nBoyle defense. See GOVERNMENT-CONTRACTOR \nDEFENSE. \nbp. Abbr. See BASIS POINT. \nB.R. abbr. 1. Bankruptcy Reporter. -Also abbreviated \nBankr. Rep. 2. Bancus Regis [Latin \"King's Bench\"]. 3. \nBancus Reginae [Latin \"Queen's Bench\"]. -This abbre\nviation has been replaced by the English initials of these \ncourts, K.B. and Q.B. \nbraccry. Hist. 1. The offense of selling pretended rights \nor title to land. _ This practice was outlawed by statute \nof 32 Hen. 8, ch. 9. 2. EMBRACERY. \nbracket creep. (1978) The process by which inflation or \nincreased income pushes individuals into higher tax \nbrackets. \nbracket system. Tax. A system for collecting a sales tax \nbased on an index providing for a graduated payment \ndepending on the purchase price of the item, the \npurpose being fourfold: (1) to avoid having the seller \ncollect a tax less than one cent; (2) to avoid requiring the \nstate to figure the exact amount of tax on each sale; (3) \nto allow the seller to have a ready means for fixing the \ntax to be collected; and (4) to allow the state to collect \nabout the right amount of tax. -'Ihis system may be 212 \nprOVided for either by statute or by administrative reg\nulation. [Cases: Taxation (:::::3707.] \nBracton. The common title of one of the earliest books \nof English law, De Legibus et Consuetudinibus Angliae \n(ca. 1250). -Henry of Bratton (also known as Bracton), \na judge of the Court of King's Bench and of Assize, is \ncredited with writing the work, though he may have \nmerely revised an earlier version. \n\"Bracton's book is the crown and flower of English medieval \njurisprudence .... Romanesque in form, English in sub\nstance ~ this perhaps is the best brief phrase that we can \nfind for the outcome of his labours; but yet it is not very \ngood. He had at his command and had diligently studied ... \nvarious parts of the Corpus luris Civilis, of the Decretum, \nand the Decretals, and he levied contributions from the \ncanonist Tancred .... Bracton's debt and therefore our \ndebt ~ to the civilians is inestimably great. But for them. \nhis book would have been impossible; but for them ... we \nshould have missed not only the splendid plan. the orderly \narrangement, the keen dilemmas, but also the sacerdotal \nspirit of the work. On the other hand, the main matter of \nhis treatise is genuine English law laboriously collected out \nof the plea rolls of the king's court .... [Hlis endeavor is to \nstate the practice, the best and most approved practice, of \nthe king's court, and of any desire to romanize the law we \nmust absolutely acquit him.\" 1 Frederick Pollock & Frederic \nW. Maitland, The History of English Law Before the Time of \nEdward I 206-09 (2d ed. 1898). \nBrady Act. A federal law establishing a national system \nfor quickly checking the background of a prospective \nhandgun purchaser. -The formal name of the law is \nthe Brady Handgun Violence Prevention Act. The U.S. \nSupreme Court held unconstitutional the law's interim \nprovision, which required chief state law-enforcement \nofficers (usu. sheriffs) to conduct background checks \nuntil the national system was in place. The act is named \nfor James Brady, who, as a member of President Ronald \nReagan's staff, was wounded by gunfire during an \nattempted presidential assassination in 1981. 18 USCA \n 921-930. -Also termed (informally) Brady Bill. \nBrady material. (1972) Criminal procedure. Information \nor evidence that is favorable to a criminal defendant's \ncase and that the prosecution has a duty to disclose. \n_ lhe prosecution's withholding of such information \nviolates the defendant's due-process rights. Brady v. \nMaryland, 373 U.S. 83, 83 S.Ct. 1194 (1963). See excul\npatory evidence under EVIDENCE. Cf. JENCKS MATERIAL. \n[Cases: Constitutional Criminal Law(;= \n1991.] \nBrady motion. A criminal defendant's request that \na court order the prosecution to turn over evidence \nfavorable to the defendant when the evidence is \nrelevant to the defendant's guilt or punishment. Brady \nv. Maryland, 373 U.S . 83 S.Ct. 1194 (1963). See BRADY \nMATERIAL. [Cases: Criminal Law \"~2006.] \nbrain death. See DEATH. \nbrake. See DUKE OF EXETERS DAUGHTER. \nbranch. (Be) 1. An offshoot, lateral extension, or division \nof an institution <the executive, legislative, and judicial \nbranches of government>. 2. A line of familial descent \nstemming from a common ancestor <the Taylor branch \nof the Bradshaw family>. Also termed stock. 3. A \n\n213 \nlicense held by a ship's pilot. See branch pilot under \nPILOT. \nbranch pilot. See PILOT. \nbrand. Trademarks. A name or symbol used by a seller or \nmanufacturer to identify goods or services and to dis\ntinguish them from competitors' goods or services; the \nterm used colloquially in business and industry to refer \nto a corporate or product name, a business image, or a \nmark, regardless of whether it may legally qualify as a \ntrademark.  Branding is an ancient practice, evidenced \nby individual names and marks found on bricks, pots, \netc. In the Middle Ages, guilds granted their members \nthe right to use a guild-identifying symbol as a mark of \nquality and for legal protection. -Also termed brand \nname. Cf. TRADEMARK; TRADENAME. \nprivate brand. An identification mark placed on goods \nmade by someone else under license or other arrange\nment and marketed as one's own . The seller of pri\nvate-brand goods sponsors those goods in the market, \nbecomes responsible for their quality, and has rights \nto prevent others from using the same mark. [Cases: \nTrademarks C=> 1202.] \nbrand architecture. Trademarks. The strategic analysis \nand development of optimal relationships among the \nmultiple levels of a company and its brands, products, \nfeatures, technology, or ingredient names. [Cases: \nTrademarks C=> 1060.] \nBrandeis brief (bran-dIs). (1930) A brief, usu. an appel\nlate brief, that makes use of social and economic studies \nin addition to legal principles and citations . The brief \nis named after Supreme Court Justice Louis D. Brandeis, \nwho as an advocate filed the most famous such brief \nin Muller v. Oregon, 208 U.S. 412, 28 S.Ct. 324 (1908), \nin which he persuaded the Court to uphold a statute \nsetting a maximum ten-hour workday for women. \nBrandeis rules. See ASHWANDER RULES. \nbranding. 1. The act of marking cattle with a hot iron \n. to identify their owner. [Cases: Animals 2. \nFormerly, the punishment of marking an offender with \na hot iron. \nbrand name. 1. See BRAND. 2. See TRADENAME. \nbranks (brangks). Hist. An instrument used to punish \nscolds, consisting of an iron framework that sur\nrounded the head and entered the mouth to keep the \noffender's tongue depressed. -Also termed scolding \nbridle. See SCOLD. Cf. CASTIGATORY. \nbrassage (bras-ij). Hist. A government charge for the \nactual cost of coining metals . Any profit is termed \nseigniorage. See SEIGNIORAGE (2). \nbrawl, n. 1. A noisy quarrel or fight. 2. The offense of \nengaging in such a quarrel or fight . In most jurisdiC\ntions, the offense is a statutory civil misdemeanor. 3. \nHist. Eccles. law. The offense of disturbing the peace of \na consecrated building or area; specif., a disturbance, \nsuch as arguing, within the churchyard or church . \n Until 1860, offenders faced trial in ecclesiastical \ncourts. -Also termed brawling. -brawl, vb. breach of contract \nbreach, n. (15c) A violation or infraction of a law or \nobligation <breach of warranty> <breach of duty>. -\nbreach, vb. \nbreach of arrest. A military offense committed by an \nofficer who, being under arrest in quarters, leaves those \nquarters without a superior officer's authorization. See \narrest in quarters under ARREST. \nbreach of close. (I8c) The unlawful or unauthorized entry \non another person's land; a common-law trespass. -\nAlso termed breaking a close. See CLOSE (1). [Cases: \nTrespass 10.] \nbreach of contract. (17c) Violation of a contractual \nobligation by failing to perform one's own promise, by \nrepudiating it, or by interfering with another party's \nperformance. [Cases: Contracts C=>312, 315.] \n\"A breach may be one by non'performance, or by repu\ndiation, or by both. Every breach gives rise to a claim for \ndamages, and may give rise to other remedies. Even if the \ninjured party sustains no pecuniary loss or is unable to \nshow such loss with sufficient certainty, he has at least a \nclaim for nominal damages. If a court chooses to ignore a \ntrifling departure, there is no breach and no claim arises.\" \nRestatement(Second) of Contracts  236 cmt. a (1979). \nactive breach of contract. Civil law. The negligent per\nformance of a contractual obligation, to the point of \nacting outside the contract's terms . Under Loui\nsiana law before 1984, active breach of contract was \ncontrasted with passive breach of contract, which was \na failure to perform the obligations created by the \ncontract. Unlike a passive breach, an active breach of \ncontract could give rise to a claim in contract and in \ntort. The distinction was abolished in 1984. Cf. passive \nbreach of contract. Contracts C=>312.] \nanticipatory breach. (1889) A breach of contract caused \nby a party's anticipatory repudiation, i.e., unequivo\ncally indicating that the party will not perform when \nperformance is due . Under these circumstances, the \nnonbreaching party may elect to treat the repudiation \n"}
{"text": "will not perform when \nperformance is due . Under these circumstances, the \nnonbreaching party may elect to treat the repudiation \nas an immediate breach and sue for damages. Also \ntermed breach by anticipatory repudiation; construc\ntive breach. See anticipatory repudiation under REPU\nDIATION. [Cases: Contracts C=>313.J \n\"A repudiation by one party may occur before the time for \nperformance has arrived. Such a repudiation is called an \nanticipatory breach, and it gives the innocent party the \noption of treating the contract as terminated at once and \nsuing for damages immediately if he chooses or, alterna\ntively, of waiting until the time of performance has arrived, \nand then again calling on the other party to perform. \nShould he choose the latter course he runs the risk that \nthe contract may possibly become frustrated in the interim, \nin which case he will have lost his right to damages.\" P.S. \nAtiyah, An Introduction to the Law of Contract 298 (3d ed. \n1981). \nconstructive breach. See anticipatory breach. \ncontinuing breach. (18I7) A breach of contract that \nendures for a considerable time or is repeated at short \nintervals. \nefficient breach. (l977) An intentional breach of \ncontract and payment of damages by a party who \n\nbreach of covenant \nwould incur greater economic loss by performing \nunder the contract. See EFFICIENT-BREACH THEORY. \nimmediate breach. (I820) A breach that entitles the \nnonbreaching party to sue for damages immedi\nately. \nmaterial breach. (1840) A breach of contract that is \nsignificant enough to permit the aggrieved party to \nelect to treat the breach as total (rather than partial), \nthus excusing that party from further performance \nand affording it the right to sue for damages. [Cases: \nContracts <::=0317,318.] \n\"In determining whether a failure to render or to offer \nperformance is material, the following circumstances are \nsignificant: (a) the extent to which the injured party will \nbe deprived of the benefit which he reasonably expected; \n(b) the extent to which the injured party can be adequately \ncompensated for the part of that benefit of which he will \nbe deprived; (c) the extent to which the party failing to \nperform or to offer to perform will suffer forfeiture; (d) \nthe likelihood that the party failing to perform or to offer \nto perform will cure his failure, taking account of all the \ncircumstances including any reasonable assurances; (e) \nthe extent to which the behavior of the party failing to \nperform or to offer to perform comports with standards \nof good faith and fair dealing.\" Restatement (Second) of \nContracts  241 (1979). \npartial breach. (I8c) A breach of contract that is less \nsignificant than a material breach and that gives \nthe aggrieved party a right to damages, but does \nnot excuse that party from performance; speci., a \nbreach for which the injured party may substitute the \nremedial rights provided by law for only part of the \nexisting contract rights. [Cases: Contracts <::=0319.] \npassive breach of contract. Civil law. A failure to \nperform the requirements of a contract.  Under \nLouisiana law up to 1984, passive breach of contract \nwas contrasted with active breach of contract, which \nwas negligence in performing a contractual obliga\ntion. While an active breach of contract could give \nrise to claims in contract and in tort, a passive breach \nof contract usu. did not give rise to a tort claim. Cf. \nactive breach of contract. [Cases: Contracts <::=0315.] \ntotal breach. (I8c) A breach of contract for which the \nremedial rights provided by law are substituted for \nall the existing contractual rights, or can be so sub\nstituted by the injured party; esp., a material breach \nthat gives rise to a claim for damages based on the \naggrieved party's remaining rights to performance \nunder the contract. [Cases: Contracts <::=0317.] \nbreach of covenant. (16c) The violation of an express \nor implied promise, usu. in a contract, either to do or \nnot to do an act. See COVENANT. [Cases: Contracts <::=0 \n312.] \nbreach of duty. (16c) The violation of a legal or moral \nobligation; the failure to act as the law obligates one to \nact; esp., a fiduciary's violation of an obligation owed \nto another. See NEGLIGENCE. [Cases: Negligence <::=0 \n250.] \nbreach ofloyalty. An act that is detrimental to the inter\nests of someone to whom a fiduciary duty is owed; esp., 214 \nan act that furthers the actor's own interests or those \nof a competitor of the beneficiary. \nbreach of peace. See BREACH OF THE PEACE. \nbreach of prison. See PRISON BREACH. \nbreach of promise. The violation of one's word or under\ntaking, esp. a promise to marry . Under English \ncommon law, an engagement to marry had the nature \nof a commercial contract, so if one party broke the \nengagement without justification, the innocent party \nwas entitled to damages. See HEARTBALM STATUTE. \n[Cases: Breach of Marriage Promise <::=0 1-36.] \nbreach of the peace. (16c) The criminal offense of creating \na public disturbance or engaging in disorderly conduct, \nparticularly by making an unnecessary or distracting \nnoise. -Also termed breach of peace; disturbing the \npeace; disturbance of the peace; public disturbance. See \ndisorderly conduct under CONDUCT. [Cases: Breach of \nthe Peace <::=0 1; Disorderly Conduct <::=0 104-140.] \n\"A breach of the peace takes place when either an assault is \ncommitted on an individual or public alarm and excitement \nis caused. Mere annoyance or insult is not enough: thus \nat common law a householder could not give a man into \ncustody for violently and persistently ringing his doorbell. \nIt is the particular duty of a magistrate or police officer to \npreserve the peace unbroken; hence if he has reasonable \ncause to believe that a breach of the peace is imminent he \nmay be justified in committing an assault or effecting an \narrest.\" R.F.V. Heuston, Salmond on the Law of Torts 131 \n(17th ed. 1977). \n\"The beginning of our criminal justice ... was concerned \nvery largely with the problem of keeping the peace. Because \nof this fact all early indictments included some such phrase \nas 'against the peace of the King'; and until recently statu \ntory provisions for simplification, indictments in this \ncountry were thought to be incomplete without some such \nconclusion as 'against the peace and dignity of the state.' \nAs a result ofthis history all indictable offenses are some \ntimes regarded as deeds which violate the public peace, \nand hence in a loose sense the term 'breach of the peace' \nis regarded as a synonym for crime.\" Rollin M. Perkins & \nRonald N. Boyce, Criminal Law 477 (3d ed. 1982). \nbreach of trust. (l7c) 1. A trustee's violation of either the \ntrust's terms or the trustee's general fiduciary obliga\ntions; the violation of a duty that equity imposes on a \ntrustee, whether the violation was willful, fraudulent, \nnegligent, or inadvertent.  A breach of trust subjects \nthe trustee to removal and creates personal liability. 2. \nSee MALADMINISTRATION. \nbreach of warranty. (18c) 1. A breach of an express or \nimplied warranty relating to the title, quality, content, \nor condition of goods sold. UCC  2-312. [Cases: Sales \n<::=0284.] 2. Insurance. A breach of the insured's pledge \nor stipulation that the facts relating to the insured \nperson, thing, or risk are as stated. See WARRANTY \n(3). \nbread acts. Hist. Laws providing for the sustenance of \npersons kept in prison for debt . These laws were \nformerly on the books in both England and the United \nStates. \nbread-and-cheese ordeal. See ordeal of the morsel under \nORDEAL. \n\n215 \nbreadth of a claim. Patents. The scope or extent to \nwhich a patent claim excludes others from infringing \nactivity. \nbreak, vb. (bef. 12c) 1. To violate or disobey (a law) <to \nbreak the law>. 2. To nullify (a will) by court proceed\ning <Samson, the disinherited son, successfully broke \nthe will>. 3. To escape from (a place of confinement) \nwithout permission <break out of prison>. 4. To open \n(a door, gate, etc.) and step through illegally <break \nthe close>. \nbreakage. (1848) 1. An allowance given by a manufac\nturer to a buyer for goods damaged during transit or \nstorage. 2. Insignificant amounts of money retained by \nracetrack promoters from bets . The retention of these \nsmall sums avoids the inconvenience of counting and \npaying out inconsequential winnings. [Cases: Gaming \n~5.] \nbreak a house. To violently and feloniously remove or \nsever any part of a house or its locks. \nbreakdown of the marriage. See IRRETRIEVABLE BREAK\nDOWN OF THE MARRIAGE. \nbreaking, n. Criminal law. (l7c) In the law of burglary, \nthe act of entering a building without permission . \nIt does not require damage to the property. [Cases: \nBurglary ~9(l).] \n\"[Tlo constitute a breaking at common law, there had to \nbe the creation of a breach or opening; a mere trespass at \nlaw was insufficient. If the occupant of the dwelling had \ncreated the opening, it was felt that he had not entitled \nhimself to the protection of the law, as he had not properly \nsecured his dwelling .... In the modern American criminal \ncodes, only seldom is there a requirement of a breaking. \nThis is not to suggest, however, that elimination of this \nrequirement has left the 'entry' element unadorned, so \nthat any type of entry will suffice. Rather, at least some of \nwhat was encompassed within the common law 'breaking' \nelement is reflected by other terms describing what kind \nof entry is necessary. The most common statutory term is \n'unlawfully.' but some jurisdictions use other language, \nsuch as 'unauthorized.' by 'trespass.' 'without authority.' \n'without consent.' or 'without privilege.'\" Wayne R. LaFave \n& Austin W. Scott Jr., Criminal Law  8.13, at 793-94 (2d \ned. 1986). \nbreaking a case. (1950) 1. The voicing by one appellate \njudge to another judge on the same panel of a tenta\ntive view on how a case should be decided . These \ninformal expressions assist the judges in ascertaining \nhow close they are to agreement. 2. The solving of a \ncase by the police. \nbreaking a close. See BREACH OF CLOSE. \nbreaking and entering. See BURGLARY (2). \nbreaking a patent. The act of demonstrating that a patent \nis invalid or unenforceable because it was used unlaw\nfully by the patentee (esp. in violation of antitrust laws), \nor improperly issued by the U.S. Patent and Trademark \nOffice because of fraud, the existence of prior art, or any \nother barrier to proper issuance . Defendants in pat\nent-infringement actions may overcome the infringe\nment allegations by showing that the patent should not \nhave been allowed in the first place (so it is invalid), or B reorganization \nthat the patentee has misused the patent (so the patent \nis unenforceable). [Cases: Patents ~97.] \nbreaking bulk, n. (l8c) 1. The act of dividing a large \nshipment into smaller units. 2. Larceny by a bailee, esp. \na carrier, who opens containers, removes items from \nthem, and converts the items to personal use. -Also \ntermed breaking bale. [Cases: Larceny ~ 15.] -break \nbulk, vb. \nbreaking-bulk doctrine. Hist. The rule that a bailee who \nhad lawful possession of property delivered in bulk and \nwrongfully took the property committed larceny only \nif the bailee broke the container open and took part or \nall of the contents . If the bailee wrongfully took the \nproperty without opening the container, the act was \ntheft but not larceny. -Also termed breaking-bale \ndoctrine. \nbreaking of entail. See BARRING OF ENTAIL. \nbreak-up fee. See TERMINATION FEE. \nbreast of the court. A judge's conscience, mind, or dis\ncretion . This phrase is a loan translation (or calque) \nof the Latin phrase in pectore judicis. See IN PECTORE \nJUDICIS. \nBreathalyzer. (1960) A device used to measure a person's \nblood alcohol content from a sample of the person's \nbreath, esp. when the police suspect that the person \nwas driving while intoxicated . The term is a trade\nmarked name. Breathalyzer test results are admissible \nas evidence if the test was properly administered. -\nAlso termed alcoholometer; drunkometer; intoxilyzer; \nintoximeter. See BLOOD ALCOHOL CONTENT. [Cases: \nAutomobiles ~411.] -breathalyze, vb. \nbreathing room. (1967) Slang. The postbankruptcy \nperiod during which a debtor may formulate a debt\nrepayment plan without harassment or interference by \ncreditors. [Cases: Bankruptcy~2391, 3533.] \nbredwite (bred-w;lt). Hist. A penalty for not complying \nwith regulations relating to the weight or quantity of \nbread. \nbrehon (bree-h;ln). Hist. In Ireland, a judge. \nBrehon law (bree-h;ln law). Hist. The ancient system of \nlaw in Ireland at the time of its conquest by Henry II.  \nThis law was formally abolished in 1366. -Sometimes \nspelled Brehon Law. \n\"[TJhe Irish were governed by what they called the Brehon \nlaw, so stiled from the Irish name of judges, who were \ndenominated Brehons. But king John in the twelfth year"}
{"text": ", so stiled from the Irish name of judges, who were \ndenominated Brehons. But king John in the twelfth year of \nhis reign went into Ireland, and carried over with him many \nable sages of the law; and there by his letters patent, in \nright of the dominion of conquest, is said to have ordained \nand established that Ireland should be governed by the \nlaws of England .... But to this ordinance many of the \nIrish were averse to conform, and still stuck to their Brehon \nlaw: so that both Henry the third and Edward the first were \nobliged to renew the injunction .... And yet, even in the \nreign of queen Elizabeth, the wild natives still kept and \npreserved their Brehon law .... \" 1 William Blackstone, \nCommentaries on the Laws of England 1 00-01 (1765). \nB reorganization. See REORGANIZATION (2). \n\nbrephotrophus \nbrephotrophus (bre-fah-tra-fas). [Greek] Civil law. A \nperson who manages institutions that receive and care \nfor poor or abandoned children . The word is Greek in \norigin (lit. meaning \"one who feeds an infant\") and was \nused in late Roman law, but it first appeared in English \nin the 18th century. PI. brephotrophi. \nbrethren (breth-r<ln), n. pl. Brothers, esp. those consid\nered spiritual kin (such as male colleagues on a court) \n<my brethren argue in the dissent that my statutory \ninterpretation is faulty> . The use of this collegial term \nhas naturally dwindled as more women have entered \nlaw and esp. into the judiciary. Cf. SISTREN. \nBretts and Scots, Laws of the. The customary laws \nused by the Celtic tribes of Scotland . Edward I of \nEngland purported to abolish the laws in the early 14th \ncentury. \nbreve (breev or bree-vee), n. [Law Latin] Hist. Writ.  The \nword brevis meant \"short,\" and brevia were short writs, \nunlike charters. PI. brevia (bree-vee-<:l). \nalbum breve (al-b<:lm breev or bree-vee). A blank writ; \na writ with a blank or omission in it. \napertum breve (a-par-t<:lm breev or bree-vee). [Latin \n\"open writ\"] An open, unsealed writ. See patent writ \nunder WRIT. Cf. close write under WRIT; CLAUSUM. \nbreve de bono et malo (breev or bree-vee dee boh-noh \net mal-oh). See DE ODIO ET ATIA. \nbreve de conventione (breev or bree-vee dee k<ln-ven\nshee-oh-nee). See WRIT OF COVENANT. \nbreve de cursu. See WRIT OF COURSE. \nbreve de recto (breev or bree-vee dee rek-toh). See DE \nRECTO. \nbreve de transgressione super casum (breev or bree-vee \ndee trans-gres[hl-ee-oh-nee s[y]oo-par kay-sam). See \nTRESPASS ON THE CASE. \nbreve innominatum (breev or bree-vee i-nom-a-nay\ntam). [Latin \"innominate writ\"] A writ that recites a \ncause of action only in general terms. \nbreve magnum de recto (breev or bree-vee mag-nam \ndee rek-toh). See DE RECTO PATENS. \nbreve nominatum. A writ in which the complaint par~ \nticularly states the time, place, and demand. \nbreve perquirere (breev or bree-vee p<lr-kWI-r<l-ree). \n[Latin \"to obtain a writ\"] To purchase a writ or license \nof trial in the king's courts. \nbreve rebellionis. See COMMISSION OF REBELLION. \nbreve testatum (breev or bree-vee tes-tay-t;lm). [Latin \n\"a witnessed writ\"] A written memorandum used to \nmemorialize the terms of a conveyance and investi\nture of land . Witnesses to the conveyance did not \nsign the document, but their names were recorded. \nBrevia testata were introduced to reduce disputes con\ncerning the terms of oral grants. \nbrevia amicabilia (bree-vee-a am-;l-b-bil-ee-;l). \n[Latin \"writs with agreement\"] Writs obtained with 216 \nthe agreement or consent of the opposing party in \nan action. \nbrevia anticipantia (bree-vee-;l an-tis-;l-pan-shee-;l). \n[Latin \"anticipatory writs\"] Anticipatory or preven\ntive writs . Six were included in this category: writs \nof mesne; warrantia chartae; monstraverul1t; audita \nquerela; curia claudenda; and ne injuste vexes. See \nQUIA TIMET, \nbrevia formata (bree-vee-;l for-may-t<l). [Latin \"writs \nof approved form\"] Writs of established and approved \nform, issued as a matter of course. Cf. brevia magis\ntralia. \nbrevia judicialia (bree-vee-<l joo-dish-ee-ay-Iee-a). \n[Latin \"judicial writs\"] Writs that issue during an \naction or afterward in aid of judgment . A court \nissued such a writ after an original writ had issued \nout of Chancery. Cf. brevia originale. \nbrevia magistralia (bree-vee-a maj-i-stray-Iee-a), \n[Latin \"masters' writs\"] Writs issued by the masters \nor clerks of Chancery accordi ng to the circumstances \nof particular cases . These writs, unlike some others, \nmight be varied in accordance with the complainant's \nparticular situation. Ct~ brevia formata. \nbrevia originale (bree-vee-;l ;l-rij-i-nay-Iee). [Latin] \nOriginal writ . This writ began a judicial action. Cf. \nbrevia judicialia. \nbrevia selecta (bree-vee-;l sa-lek-t;l). [Latin \"selected \nwrits\"] Choice or selected writs or processes. -Abbr. \nbrev. sel. \nbrevet (br<l-vet or brev-it). [French] 1. Military law. A \ncommission promoting an officer to a higher rank, \nesp. during wartime, but without a corresponding \npay increase. [Cases: Armed Services 13.1(5).] \n2. French law. A privilege or warrant granted by the \ngovernment to a private person, authorizing a special \nbenefit or the exercise of an exclusive privilege . For \nexample, a brevet d'invention is a patent for an inven\ntion. 3. Patents. A patent. Also termed (in sense 3) \nbrevet d'invention. \nbrevet officer. See OFFICER (2). \nbrevia amicabilia. See BREVE. \nbrevia anticipantia. See BREVE. \nbrevia formata. See BREVE. \nbrevia judicialia. See BREVE. \nbrevia magistralia. See BREVE. \nbrevia originale. See BREVE. \nBreviarium Alaricianum (bree-vee-air-ee-<lm al-<l\nri-kay-nam). [Latin] An abridgment (or breviary) of \nRoman law compiled by order of the ViSigoth king \nAlaric II, published for the use of his Roman subjects in \nthe year 506 . Revised versions were known as the Lex \nRomana Visigothorum. It was also termed the Breviar\nium Aniani after Alaric's chancellor, Anian, who edited \nand distributed the work. Also termed Breviary of \nAlaric (bree-vee-er-ee aval-;l-rik). \n\n217 \n'Though the Breviariumwas later replaced by the Lex Visig\nothorum in the Visigothic kingdom, it continued in use \nin southern France and Lombardy, which had meantime \npassed under the dominion of the Franks. Its qualities \nmade the Breviarium a book of high authority throughout \nthe whole of western Europe during the Middle Ages and \nit was one of the main channels through which Roman \nlaw entered western European law prior to the Reception.\" \nDavid M. Walker, The Oxford Companion to Law 151-52 \n(l980). \nbrevia selecta. See BREVE. \nbreviate (bree-vee-<lt). [Latin] Rist. An abstract of a \nwriting; esp., a short statement attached to a Parlia\nmentary bi~l summarizing the contents of the bill. \nbrevia testata (bree-vee-<l tes-tay-t<l). [Latin] Rist. See \nbreve testatum under BREVE. \nbrevibus et ratulis liberandis (bree-v<l-b<ls et roch-<l\nbs lib-<lr-an-dis). [Latin \"breves and rolls to be freed\"] \nRist. A writ ordering a sheriff to turn over to a succes\nsor all paraphernalia of office. \nbrevi manu (bree-vI man-yoo), adv. [Latin \"with a \nshort hand\"] Roman & civil law. 1. Directly; by the \nshortest route. 2. 'Without a legal warrant; on one's \nown authority. -In Roman law, the term referred to \nthe contractual transfer (traditio) of ownership of an \nitem to one who already had physical control of the \nitem. See TRADITIO BREVI MANU; CONSTITUTUM POS\nSESSORIUM. In Scotland, this phrase usu. Signified the \nperformance of an act without the necessity of resort\ning to the courts. \n\"Thus, for example, it was anciently the practice in Scotland \nfor an heritable proprietor, on his own authority, to poind \nhis tenant's moveables for payment of his rent, without \napplying to any other judge .... Brevi manu in the Roman \nlaw is usually applied to a kind of constructive delivery. \nA thing is said to be transferred by brevi manu tradition, \nwhen it has been previously in the buyer's possession on \nsome other title, as pledge or loan.\" William Bell, Bell's \nDictionary and Digest of the Law of Scotland 134 (George \nWatson ed., 7th ed. 1890), \nbrevitatis causa (brev-i-tay-tis kaw-z<l). [Latin] Scots law. \nFor the sake of brevity. -The phrase was inserted in \nlegal documents to show that another document had \nbeen incorporated by reference but not fully quoted. \nbrev. sel. See brevia selecta under BREVE. \nbribe, n. (I5c) A price, reward, gift or favor bestowed \nor promised with a view to pervert the judgment of or \ninfluence the action of a person in a position of trust. \nCf. BARRATRY (4). -bribe, vb. \n\"The core concept of a bribe is an inducement improperly \ninfluencing the performance of a public function meant \nto be gratuitously exercised.\" John T. Noonan Jr., Bribes \nxi (1984). \nbribee. (19c) One who receives a bribe. Also termed \nbribe-taker. \nbribe-giver. See BRIBER. \nbriber. (I7c) One who offers a bribe. -Also termed \nbribe-giver. \nbribery, n. (l6c) The corrupt payment, receipt, or solici\ntation of a private favor for official action. -Bribery is \na felony in most jurisdictions. See Model Penal Code brief \n 240.1. Cf. KICKBACK. [Cases: Bribery<:;=:: 1.J bribe, \nvb. \n\"If money has been corruptly paid and corruptly received, \nfor the purpose of influencing official action, do we have \none crime of which two are guilty, or two different crimes? \nNo uniform answer is possible under existing statutes. \nUnder some of the provisions bribery is one offense and \nreferences to (1) giving or offering a bribe. or (2) to receiv \ning or soliciting a bribe, are merely factual statements in \nregard to the guilt of one party or the other. Under another \nplan 'bribery' is employed as a generic term to cover two \ndifferent offenses: (1) giving or offering a bribe. and (2) \nreceiving or soliCiting a bribe. A third plan uses the word \n'bribery' to indicate the offense of the briber and 'receiv\ning a bribe' for the other side of the transaction.\" Rollin \nM. Perkins & Ronald N. Boyce, Criminal Law 537 (3d ed, \n1982), \ncommercial bribery. (1927) 1. The knowing solicitation \nor acceptance of a benefit in exchange for Violating \nan oath of fidelity, such as that owed by an employee, \npartner, trustee, or attorney. Model Penal Code  \n224.8(1). 2. A supposedly disinterested appraiser's \nacceptance of a benefit that influences the appraisal \nof goods or services. Model Penal Code  224.8(2). 3. \nCorrupt dealing with the agents or employees of pro\nspective buyers to secure an advantage over business \ncompetitors. \nbribe-taker. See BRIBEE. \nbribour (brI-b<lr). [fro French bribeur] Rist. A thief. \nbridge bank. A national bank chartered to operate an \ninsolvent bank for up to three years or until the bank is \nsold. [Cases: Banks and Banking G-~;285-287, 50S.J \nbridgebote. See BRIGBOTE. \nbridge financing. See bridge loan under LOAN. \nbridge loan. See LOAN. \nbridge the gap. Trademarks. To capitalize on the goodwill \nassociated with an existing trademark or tradename by \nusing it or a similar mark on new lines of products or \nservices, or on the same products or services in new \nmarketing territories. [Cases: Trademarks (,'-::> 1104.] \nbrief, n. (l4c) 1. A written statement setting out the legal \ncontentions of a party in litigation, esp. on appeal; a \ndocument prepared by counsel as the basis for arguing \na case, consisting oflegal and factual arguments and \nthe authorities in support of them. Also termed legal \nbrief; brief of argument. [Cases: Appeal and Error C= \n756; Criminal Law<:;=:: 1l30; Federal Courts <'::=-'712.] \namicus brief. A brief,"}
{"text": "<:;=:: 1l30; Federal Courts <'::=-'712.] \namicus brief. A brief, usu. at the appellate level, \nprepared and filed by an amicus curiae with the \ncourt's permission. Sometimes shortened to \namicus. Also termed friend-of-the-court brief \n[Cases: Amicus Curiae <:;=:: 3.] \nAnders brief. (1969) Criminal procedure. A brief filed \nby a court-appointed defense attorney who wants to \nwithdraw from the case on appeal based on a belief \nthat the appeal is frivolous. -In an Anders brief, the \nattorney seeking to withdraw must identify anything \nin the record that might arguably support the appeal. \nThe court then decides whether the appeal is frivo\nlous and whether the attorney should be permitted to \n\nbriefing attorney \nwithdraw. Anders v. California, 386 U.S. 738, 87 S.Ct. \n1396 (1967). Also termed no-merit brief [Cases: \nCriminal Law \n\"Anders requires an attorney to assume two somewhat con\ntradictory roles when filing a nomerit brief. The first, and \nmost important, role is that of an advocate, Anders makes \nclear that the first duty of appellate counsel is to study \nthe record and to consult with the defendant to ascertain \nwhether there is anything in the record to support an \nappeal. Counsel should not consider the case with a view \ntoward finding no merit or of acting as a neutral party, Only \nif counsel can find no issue of even arguable merit does he \nchange hats and become an amicus curiae.\" Jonathan M. \nPurver & Lawrence E. Taylor, Handling Criminal Appeals  \n138, at 285 (1980). \nappeal brief 1. See appellate brief 2. Patents. A patent \napplicant's brief to the Board of Patent Appeals and \nInterferences, arguing that the patent examiner was \nincorrect in rejecting the application. Cf. EXAMINER'S \nANSWER. [Cases: Patents C::> Ill.] \nappellate brief. A brief submitted to an appeals court; \nspecif., a brief filed by a party to an appeal pending in \na court appellate jurisdiction . The brief \nmay be filed for an individual party or on behalf of \ntwo or more parties. Also termed appeal brief \n[Cases: Appeal and Error C::c756; Criminal Law C::> \n1130; Federal Courts \n\"An appellate brief is a written argument in support of or \nin opposition to the order, decree, or judgment below.\" \nFrederick Wiener, Briefing and Arguing Federal \nAppeals 37 (rev. 1967). \nbench brief An advocate's short brief, prepared for use \nby panelists in a moot-court competition or mock oral \nargument . The brief summarizes the facts, law, and \narguments for both sides on the issues. \n\"Bench briefs are superior to the appellate briefs in some \ncases, because people are more likely to read them. \nThe bench brief should be more neutral than the briefs \nactually filed in the real proceeding, which will help your \nmock judges prepare questions to ask. By providing the \nmockjudges with these bench briefs, it is easier for them \nto become prepared, it is far less burdensome on the \njudges and therefore easier to get them to agree to \nhelp and you improve the quality of your presentation.\" \nRonald J. Rychlak, Effective Appellate AdVOcacy: Tips from \nthe Teams, 66 Miss. L.J. 527, 543 (1997). \nBrandeis brief. See BRANDEIS BRIEF. \nbrief on the merits. A brief that sets out the issues to \nbe decided, the party's position, and the arguments \nand authorities in support. Also termed points\nand-authorities brief; merits brief [Cases; Appeal and \nError 761] \nclosed brief In law school, an appellate brief prepared \nby a student using only a stipulated factual outline \nand research materials provided in a package,  \nClosed briefs are usu. aSSigned in first-year legal\nwriting classes, sometimes in preparation for moot \ncourt They may also be used to select among candi\ndates for law review. \nmerits brief. See brief on the merits. \nno-merit brief. See Anders brief 218 \nopen brief In law school, an appellate brief prepared by \na student using a stipulated factual outline and open\nended research that the student independently finds, \nas opposed to sources supplied by a professor. [Cases: \nAppeal and Error Federal Courts C::>712.] \nopening brief. A party's first brief at a given stage of a \nlawsuit. -Although this term is most often associated \nwith a plaintiff or appellant, it is sometimes applied \nto a defendant or respondent. Also termed opening \nbrief on the merits. [Cases; Appeal and Error C=,) 756; \nFederal Courts \npoints-and-authorities brief. See briefon the merits. \nproof brief. (1997) A preliminary appellate brief to \nbe reviewed by the clerk of the court for compliance \nwith applicable rules . Proof briefs are reqUired \nby local rules of the U.S. Court of Appeals for the \nSixth Circuit. A proof brief in full compliance will \nbe accepted and filed, If not in compliance, it will be \nreturned for corrections to be made, and a deadline \nwill be set for refiling. After all proof briefs have been \naccepted in a case, a date is set for filing a final brief, \nwhich may be modified only to include jOint-appendix \nreferences, repagination, or updated citations. \nreply brief. (1872) A brief that responds to issues and \narguments raised in the brief previously filed by one's \nopponent; esp., a movant's or appellant's brief filed to \nrebut a briefin opposition, See REBUTTAL (3), [Cases: \nAppeal and Error C::>762; Criminal Law G\" 1130(6); \nFederal Courts \ntrial brief. (1927) Counsel's written submission, usu. \njust before trial, outlining the legal issues before the \ncourt and arguing one side's position. [Cases: Federal \nCivil Procedure C::> 1951; Trial \n2. English law. A solicitor's document that abstracts the \npleadings and facts to inform a barrister about the case. \n3. ABSTRACT OF TITLE. 4. CASE NOTE. brief, vb. \nbriefing attorney. See ATTORNEY. \nbriefmanship, n. The quality of the work done in pro-\nducing a written legal argument. \n\"Catering to the predilections of ajudge is not toadyism; it \nis skillful briefmanship.\" Mortimer Levitan, \"Effective Brief \nWriting,\" in Lawyers Encyclopedia 995,998 (1963). \nbrief of argument. See BRIEF (1). \nbrief oftitle. See ABSTRACT OF TITLE. \nbrief on the merits. See BRIEF. \nbrief-writing. (1891) The art or practice of preparing \nlegal briefs. -Also termed brief-making. brief-\nwriter, n. \nbrieve. Hist. Scots law. A chancery writ ordering that a \ntrial be held on the matters specified in the writ . By \nthe late 20th century, brieves were rarely used except \nin proceedings to appoint a curator for an incompetent \nperson. \nbrieve of mortancestry. See MORT D'ANCESTOR. \n\n219 \nbrigandage (brig-;m-dij). Archaic. Plundering and \nbanditry carried out by bands of robbers . Piracy is \nsometimes called \"maritime brigandage.\" \nbrigbote (brig-baht), n. Rist. An obligation, often \nextracted as a tax or a on land, to contribute to \nthe cost of maintaining walls, and bridges. \nAlso spelled bridgebote. Often termed bote. See BOTE \n(4). \nBriggs Law. Archaic. A 1921 Massachusetts law that \nrequired all criminal defendants who had been \nrepeatedly indicted, previously convicted of a felony, \nor charged with a capital offense to undergo psychi\natric evaluation . The purpose of the evaluation was \n\"to determine [offenders'] mental condition and the \nexistence of any mental disease or defect [that] would \naffect [their] criminal responsibility.\" Mass. Gen. Laws \nch. 123,  100A (1921). Although the term is no longer \nused in Massachusetts, an updated form of the law still \nexists, and every state has its own form of it. \nbright-line rule. (1973) A legal rule of decision that tends \nto resolve issues, esp. ambiguities, simply and straight\nforwardly, sometimes sacrificing equity for certainty. \nbring an action. To sue; institute legal proceedings. \n[Cases: Action (;:::>64, 66.] \nbring-down provision. Contracts. A contractual \ncovenant that all of a party's representations and war\nranties were true when the contract was executed and \nwill be true on the closing date. \nbring to book. (1865) To arrest and try (an offender) <the \nfugitives were brought to book and convicted>. \nBritish subject. The status conferred on a citizen of the \nUnited Kingdom and the Commonwealth countries \nsuch as Canada, Australia, New Zealand, and India by \nthe British Nationality Act of 1981. -Although this is \nthe current sense, the phrase British subject has had \nmany different meanings over the years, under differ\nent statutes. \nBroadcast Musk, Inc. Copyright. One of the U.S. per\nforming-rights societies that, on behalf of copyright \nowners, licenses the public performance of nondra\nmatic musical works. Abbr. BMI. \nbroad constructionism. See liberal constructionism \nunder CONSTRUCTIONISM. \nbroad constructionist. See liberal constructionist under \nCONSTRUCTIONIST. \nbroadened reissue patent. See PATENT (3). \nbroadening of a claim. Patents. The enlargement of the \nscope of a patent claim to expand its coverage . The \nbroader a patent claim, the greater the scope of pro\ntection because more methods or devices may poten\ntially infringe the claim. But drafting a claim broadly \nincreases the risk that an accused infringer may suc\ncessfully invalidate the claim through prior art. See \nprior art under ART. [Cases: Patents (;:::> 165(3).] \nbroadening statement. Patents. Wording in a claim to \nthe effect that the invention includes forms other than \nthe details shown in the application . A broadening broker \nstatement is usu. taken as boilerplate and given little or \nno effect. -Also termed catch-all. \nbroader than the invention, adj. (Of a patent claim) \nhaving a scope that exceeds the limits of the invention \ndisclosed in the application or patent. \nbroad-form insurance. See INSURANCE. \nbroad-form policy. See INSURANCE POLICY. \nbroad interpretation. See liberal construction under \nCONSTRUCTION. \nbroadside objection. See general objection under OBfEC\nTION. \nbrocard (brahk-;lrd or broh-k.:lrd). An elementary legal \nprinciple or maxim, esp. one deriving from Roman law \nor ancient custom. \nbrocarius (broh-kair-ee-;ls). [Law Latin] Hist. A broker; \na middleman between buyer and seller. \nbroker, n. (14c) 1. An agent who acts as an intermedi\nary or negotiator, esp. between prospective buyers \nand sellers; a person employed to make bargains and \ncontracts between other persons in matters of trade, \ncommerce, or navigation . A broker differs from a \nfactor because the broker usu. does not have posses\nsion of the property. Cf. FACTOR. [Cases: Brokers \n2.) 2. Securities. A person engaged in the business of \nconducting securities transactions for the accounts of \nothers. [Cases: Securities Regulation (;:::> ll.20, 40.12, \n60.32.] -broker, vb. \n\"The most important determining factor of what consti\ntutes a 'broker' is whether the party is dealing for itself \nor for another. A broker may, by contract, have title to \nproperty pass through it (though usually it does not), and \nit may, by contract, collect from the consumer, but a broker \ndoes not deal on its account. Two preliminary requirements \nmust be met for a finding that an individual is acting as a \nbroker: (1) the person is acting for compensation; and (2) \nthe person is acting on behalf of someone else.\" 12 Am. \nJur. 2d Brokers  1 (1997). \nbroker-agent.!. A person who acts as an intermedi\nary between parties to a transaction, and as a repre\nsentative of one of them. [Cases: Brokers 6.] 2. \nA person licensed both as a broker and as an agent. \n[Cases: Brokers (;:::>3.] \nbroker-dealer. A brokerage firm that engages in the \nbusiness of trading securities for its own account \n(i.e., as a principal) before selling them to custom\ners. -Such a firm is usu_ registered with the SEC and \nwith the state in which it does business. See DEALER \n(2). [Cases: Securities Regulation 11.20,40.12, \n60.32.] \n\"Since many broker-dealers maintain custody of funds \nand securities belonging to their customers, safeguards \nare required to assure that the customers can recover \nthose funds and securities in the event the broker-dealer \nbecomes insolvent. The three principal techniques that \nhave been utilized are (a) financial responsibility standards \nfor broker-dealers, (b) requirements for segregation of \ncustomers' funds and securities, and (c) maintenance of \nan industry-wide fund to satisfy the claims of customers \nwhose brokerage firms become insolvent.\" David L. Ratner, \nSecurities Regulation in a Nutshell 182-83 (4th ed. 1992). \n\nbrokerage \nbroker for sale. A broker retained to sell something, but \nhaving neither possession of the goods nor any right \nof action in the broker's own name on contracts that \nthe broker enters into. [Cases: Brokers (;::=-2,6.] \nbroker's broker. A municipal securities broker or dealer \nwho routinely effects transactions for the account \nof other brokers, dealers, and"}
{"text": "municipal securities broker or dealer \nwho routinely effects transactions for the account \nof other brokers, dealers, and municipal securities \ndealers. \ncommercial broker. A broker who negotiates the sale \nof goods without having possession or control of the \ngoods. Cf FACTOR (2). [Cases: Brokers (;:::::;2,6.] \ncommission broker. A member of a stock or commod\nity exchange who executes buy and sell orders. \ncustomhouse broker. A broker who prepares paper\nwork for the entry or clearance of ships, and for the \nimport or export of goods. -Also termed customs \nbroker. [Cases: Customs Duties ~60.5.] \ndiscount broker. 1. A broker who discounts bills of \nexchange and promissory notes, and advances money \non securities. 2. A broker who executes buy and sell \norders at commission rates lower than those of full\nservice brokers. [Cases: Brokers (;::=69.J \ngovernment-securities interdealer broker. A broker \nengaged exclusively in the business of transacting in \ngovernment securities for parties who are themselves \ngovernment brokers or dealers. \ninstitutional broker. A broker who trades securities \nfor institutional clients such as banks, mutual funds, \npension funds, and insurance companies. \ninsurance broker. (lSc) Insurance. A person who, for \ncompensation, brings about or negotiates contracts \nof insurance as an agent for someone else, but not as \nan officer, salaried employee, or licensed agent of an \ninsurance company . The broker acts as an interme\ndiary between the insured and the insurer. -Also \ntermed producer. [Cases: Insurance (;:::::; 1609.] \n\"The term 'insurance broker' is often used to characterize \nan indiVidual who is thought to act primarily on behalf of a \npurchaser in an insurance transaction. This delineation ... \nis employed by some courts and writers even though \nalmost all insurance brokers are actually compensated for \ntheir services through commissions that are paid by the \ninsurers. Because brokers receive compensation from the \ninsurer, it seems evident that a persuasive argument can be \nmade for not treating a broker as an agent of the insurance \npurchaser.\" Robert E. Keeton & Alan I. Widiss, Insurance \nLaw: A Guide to Fundamental Principles, Legal Doctrines, \nand Commercial Practices  2.5, at 83-84 (1988). \nloan broker. A person who is in the business oflending \nmoney, usu. to an individual, and taking as security \nan assignment of wages or a security interest in the \ndebtor's personal property. \nmerchandise broker. One who negotiates the sale of \nmerchandise without possessing it . A merchandise \nbroker is an agent with very limited powers. \nmoney broker. A broker who negotiates the lending or \nraising of money for others. \nmortgage broker. An individual or organization that \nmarkets mortgage loans and brings lenders and 220 \nborrowers together.  A mortgage broker does not \noriginate or service mortgage loans. [Cases: Brokers \nC:::2.] \nnote broker. A broker who negotiates the discount or \nsale of commercial paper. \nreal-estate broker. A broker who negotiates contracts \nof sale and other agreements (such as mortgages or \nleases) between buyers and sellers of real property . \nReal-estate brokers must be licensed in the states where \nthey conduct business. [Cases: Brokers 3.J \nregistered broker. A broker registered or required to be \nregistered under the Securities Exchange Act of 1934. \n[Cases: Securities Regulation (;:::::;40.12.] \nresponsible broker-dealer. A broker-dealer who \ncommunicates bids or offers on the floor of a stock \nexchange at the designated location for trading in a \nreported security or who, in an off-exchange transac\ntion, communicates the bid or offer as either a princi\npal or an agent, for its own or another's account. SEC \nRule llAcI-l(a)(21) (17 CFR  240.11Acl-l(a)(21. \nsecurities broker. A broker employed to buy or sell \nsecurities for a customer, as opposed to a securities \ndealer, who trades as a principal before selling the \nsecurities to a customer. See DEALER (2). \nbrokerage. (15c) 1. The business or office of a broker <a \nprofitable stock brokerage>. [Cases: Brokers 2. \nA broker's fee <collect the brokerage after the house \nsells>. [Cases: Brokers (;:='239.] \nbrokerage contract. An agency agreement employing a \nbroker to make contracts in the name of and on behalf \nof the principal and for which the broker receives a \ncommission. [Cases: Brokers 40.] \nbroker-agent. See BROKER. \nbrokerage-run dividend-reinvestment plan. See DIVI-\nDEND-REINVESTMENT PLAN. \nbroker call loan. See call loan under LOAN. \nbroker-dealer. See BROKER. \nbroker for sale. See BROKER. \nbroker's broker. See BROKER. \nbroker's loan statement. Property. A document that \ndetails the costs of and deductions from a loan negoti\nated by a real-estate or mortgage broker on behalf of a \nborrower . Deductions may be made for commissions \nand other costs. The borrower usu. signs the statement \nand retains a copy. The statement may be required by \nlaw. See Cal. Bus. & Prof. Code  10240 (West 2008). \nCf. CLOSING STATEMENT (2). \nbroker's note. See NOTE (3). \nbrothel. (16c) A building or business where prostitutes \nply their trade; a whorehouse. Also termed house of \nill fame. See DISORDERLY HOUSE (2). [Cases: Disorderly \nHouse 1.] \nbrother. (bef. 12c) A male who has one parent or both \nparents in common with another person. \n\n221 \nbrother-german. A full brother; the son of both of one's \nparents. See GERMAN. \nconsanguine brother (kahn-sang-gwin or bn-san\ngwin). Civil law. A brother who has the same father, \nbut a different mother. \nhalf brother. A brother who has the same father or the \nsame mother, but not both. \nstepbrother. The son of one's stepparent. \nuterine brother (yoo-t;lr-in). Civil law. A brother who \nhas the same mother, but a different father. \nbrother-in-law. (14c) The brother of one's spouse or the \nhusband of one's sister . The husband of one's spouse's \nsister is also sometimes considered a brother-in-law. PI. \nbrothers- in-law. \nbrother-sister corporation. See sister corporation under \nCORPORATION. \nbrownfield site. An abandoned, idled, or underused \nindustrial or commercial site that is difficult to expand \nor redevelop because of environmental contamination. \nCf. GREENFIELD SITE (1). [Cases: Environmental Law \nC==>439.] \nBrussels Act. Copyright. A 1948 revision of the Berne \nConvention mandating the life-plus-50-years copyright \nterm as a minimum standard, extending the moral \nrights of attribution and integrity in most member \ncountries to the full copyright term, extending the \nbroadcast right to television, strengthening protection \nof several forms of copyright protection, and extending \nsome protection to industrial designs. \nBrussels Convention. See BRUSSELS SATELLITE CONVEN\nTION. \nBrussels Satellite Convention. Copyright. A 1974 treaty \nstandardizing the regulation of broadcasting and cable \nretransmission using satellites . Since the Convention \naddresses regulation of the signal rather than copyright \nor neighboring rights, what is transmitted is protected \neven if the content is not protected by any intellectual\nproperty right. The U.S. ratified the Brussels Satellite \nConvention in 1984. -Also termed Brussels Conven\ntion; Convention Relating to the Distribution of Pro\ngram-Carrying Signals Transmitted by Satellite. \nBruton error (broot-;ln). (1968) The violation of a \ncriminal defendant's constitutional right of con\nfrontation by admitting into evidence a nontestify\ning codefendant's confession that implicates both of \nthem, where the statement is not admissible against the \ndefendant under any exception to the hearsay rule . \nThe error is not cured by a limiting instruction to the \njury to consider the confession only against the one \nwho made it, because of the high risk that the jury will \ndisregard the instruction. Bruton v. United States, 391 \nU.S. 123, 88 S.Ct. 1620 (1968). [Cases: Criminal Law \nC==>662.l0,662.11.] \nbrutum fulmen (broo-t;lm fal-men or -m;ln). [Latin \n\"inert thunder\"] 1. An empty noise; an empty threat; \nsomething ineffectual. 2. A judgment void on its face; budget \none that is, in legal effect, no judgment at all. [Cases: \nJudgment C==>27, 485, 486.] \nBryan treaties. Int'llaw. Any of 48 treaties designed \nto avert war by requiring the signatories to submit \ndisputes of any kind to standing peace commissions . \n The first of these treaties, named after Secretary of \nState William Jennings Bryan, was signed between the \nUnited States and Great Britain in 1914. \nb.s. abbr. See bancus superior under BANCUS. \nBSA. abbr. BUSINESS SOFTWARE ALLIANCE. \nBSD license. See LICENSE. \nBSD-style license. See BSD license under LICENSE. \nBTA. abbr. Board of Tax Appeals. See TAX COURT, U.S. \nBTS. abbr. 1. BORDER AND TRANSPORTATION SAFETY \nDIRECTORATE. 2. BUREAU OF TRANSPORTATION STA\nTISTICS. \nbubble. (l8c) Slang. A dishonest or insubstantial business \nproject, generally founded on a fictitious or exaggerated \nprospectus, designed to ensnare unwary investors. \nBubble Act. An English statute passed in 1720 to prevent \ncorporate fraud. \nbucketing. Securities. The illegal practice of receiving \nan order to buy or sell stock but not immediately per\nforming the order . The perpetrator profits by execut\ning the order when the stock market goes down or up, \nrespectively, but confirming the order to the customer \nat the original price. \nbucket shop. Securities. An establishment that is nomi\nnally engaged in stock-exchange transactions or some \nsimilar business, but in fact engages in registering bets \nor wagers, usu. for small amounts, on the rise or fall of \nthe prices of stocks and commodities . A bucket shop \nuses the terms and outward forms of the exchanges, but \ndiffers from exchanges because there is no delivery of -\nand no expectation or intention to deliver or receive -\nthe securities or commodities nominally exchanged. \nBuckley Amendment. See FAMILY EDUCATIONAL RIGHTS \nAND PRIVACY ACT. \nBudapest Treaty on the International Recognition of \nthe Deposit of Microorganisms for the Purpose of \nPatent Procedures. Patents. An international treaty \npromulgating standards and procedures for deposit\ning microorganisms and requiring member countries \nto recognize a deposit of biological material made in \nany depository approved by the World Intellectual \nProperty Organization . The purpose of the Budapest \nTreaty is to allow inventors to satisfy the enablement \nrequirement of national patent laws by depositing in \na convenient depository a sample of a microorganism \nto be patented. The U.S. is a signatory to the Budapest \nTreaty. \nbudget. (15c) 1. A statement of an organization's esti\nmated revenues and expenses for a specified period, \nusu. a year. 2. A sum of money allocated to a particular \npurpose or project. \n\nbudget bill \nbalanced budget. A budget in which a period's total pro\njected income equals the total estimated expenses. \nbudget bill. See BILL (3). \nBuenos Aires Convention. Copyright. A 1910 treaty reg\nulating copyright reciprocity among Latin American \nnations and the United States . Under this agreement, \nthe phrase \"all rights reserved\" guaranteed copyright \nprotection in member nations. Since all the Conven\ntion's signatories are now signatories to more recent \nand broader international-copyright treaties, this Con\nvention now has little if any practical effect. \nbuffer zone. (1908) Land-use planning. An area ofland \nseparating two different zones or areas to help each \nblend more easily with the other, such as a strip of \nland between industrial and residential areas. [Cases: \nZoning and Planning C='31, 272.] \nbug. 1. A flaw or mistake in a computer program that \nresults in an error or undesired result. 2. The printed \nmark of a labor union. \nbuggery, n. (14c) Sodomy or bestiality. See SODOMY. \n[Cases: SodomyC='1.]- bugger, vb. -bugger, n. \nbugging, n. (1955) A form of electronic surveillance by \nwhich conversations may be electronically intercepted, \noverheard, or recorded, usu. covertly; eavesdropping by \nelectronic means. See EAVESDROPPING; WIRETAPPING. \n[Cases: Telecommunications C=' 1435.] \nbuilding. A structure with walls and a roof, esp. a per\nmanent structure . For purposes of some criminal \nstatutes, such as burglary and arson, the term building \nmay include such things as motor vehicles and water\ncraft. \naccessory building. A building separate from but \ncomplementing the main structure on a lot, such \nas a garage . The question whether a structure is \nan \"accessory building\" is often litigated in zoning \ndisputes. [Cases: Zoning and Planning C='307.] \nbuilding-and-Ioan association. (1857) A quasi-public \ncorporation that accumulates funds through member \ncontributions and lends money to"}
{"text": "(1857) A quasi-public \ncorporation that accumulates funds through member \ncontributions and lends money to the members buying \nor building homes. Cf. SAVINGS-AND-LOAN ASSOCIA\nTION. [Cases: Building and Loan Associations C=' 1, \n24-37.] \nbuilding code. A law or regulation setting forth stan\ndards for the construction, maintenance, occupancy, \nuse, or appearance of buildings and dwelling units. -\nAlso termed (for dwelling units) housing code. Cf. \nBUILDING RESTRICTIONS. [Cases: Health C='392.] \nbuilding lease. See LEASE. \nbuilding line. (1885) A boundary drawn along a curb \nor the edge of a municipality's sidewalks to establish \nhow far a building must be set away from the street \nto maintain a uniform appearance . This is often \nreferred to as a setback requirement. [Cases: Zoning \nand Planning C='64, 252.] \nbuilding loan. See LOAN. 222 \nbuilding permit. A license granted by a government \nagency (esp. a municipality) for the construction of a \nnew building or the substantial alteration of an existing \nstructure. [Cases: Zoning and Planning C='385.] \nbuilding restrictions. Regulations governing the type of \nstructures that can be constructed on certain property. \n The restrictions are usu. listed in zoning ordinances \nor restrictive covenants in deeds. Cf. BUILDING CODE; \nrestrictive covenant under COVENANT (4). Cf. BUILDING \nCODE. [Cases: Zoning and Planning C='62, 251.] \nbuild-to-print contract. See CONTRACT. \nbuilt-in obsolescence. See planned obsolescence under \nOBSOLESCENCE. \nbulk, adj. (Of goods) not divided into parts <a bulk \nshipment of grain>. \nbulk discount. See volume discount under DISCOUNT. \nbulk mortgage. See MORTGAGE. \nbulk sale. (1902) A sale of a large quantity of inventory \noutside the ordinary course of the seller's business . \nBulk sales are regulated by Article 6 of the UCC, which \nis designed to prevent sellers from defrauding unse\ncured creditors by making these sales and then dissi\npating the sale proceeds. -Also termed bulk transfer. \n[Cases: Fraudulent Conveyances C='47.] \nbulk-sales law. A statute regulating the transfer of \nbusiness assets, usu. by requiring public notice of any \nsale to prevent business owners from disposing of assets \nto the detriment of creditors and suppliers. See UCC  \n6-101 et seq. See BULK SALE. [Cases: Fraudulent Con\nveyances C='47.] \nbulk transfer. See BULK SALE. \nbulky goods. See GOODS. \nbull. Eccles. law. 1. A document issued by a pope, so \ncalled from the leaden seal (bulla) attached to it. 2. \nA seal attached to an official document, esp. a papal \nedict. \nbulla (buul-d or bal-d). [Law Latin] A metal or wax papal \nseal or document. \nbullet ballot. See bullet vote under VOTE (1). \nbulletin des lois (buul-d-tan day lwah). French law. The \npublication that provides official notice of the text and \neffective date of a law or decree. \nbullet vote. See VOTE (1). \nbullion (buul-Ydn). An uncoined solid mass of gold or \nsilver. \nbullion fund. Public money used by a mint to purchase \nprecious metals for coinage and to pay bullion deposi\ntors. \nbull market. See MARKET. \nbullpen. (1809) Slang. 1. An area in a prison where \ninmates are kept in close confinement. 2. A detention \ncell where prisoners are held until they are brought into \ncourt. \nbumbailiff. See BAILIFF. \n\n223 \nbumbershoot insurance. See INSURANCE. \nbum-marriage doctrine. Evidence. The principle that \nthe marital-witness privilege may not be asserted by a \npartner in a marriage that is in fact moribund, though \nlegally valid. See marital privilege (2) under PRIVILEGE \n(3). [Cases: Witnesses C=>Sl.j \nbumping. (1937) 1. Displacement of a junior employee's \nposition by a senior employee. 2. An airline-industry \npractice of denying seats to passengers because of over\nbooking. [Cases: Carriers C-~'236(1.2).l \nbunco. (I872) A swindling game or scheme; any trick \nor ploy calculated to win a person's confidence in \nan attempt to deceive that person. Also spelled \nbunko. -Also termed bunco steering. Cf. CONFIDENCE \nGAME. [Cases: False Pretenses C-=16.] \nbunco steerer. 1. One who uses tricks, schemes, or other \nillegal devices to obtain money or property from others; \na swindler. 2. One who acts as a decoy in bunco. Also \ntermed bunco operator; bunco man. See CONFIDENCE \nMAN. \nbundle. See RECORD (4). \nbundle, vb. To sell related products or services in one \ntransaction at an all-inclusive price. \nbundled software. Software that is sold together with \nhardware, other software, or services at a single price. \nbundle of rights. See PROPERTY (1). \nbundling, n. In the computer industry, the practice of \ncharging a single price for a combination of hardware, \nsoftware, or services . Personal computers are typi\ncally sold with bundled software, such as an operating \nsystem and applications software that are preinstalled \non the hardware. \nbunkhouse rule. The principle that an employee's injury \nsuffered while living in an employer's housing is com\npensable even if the injury occurs during off-duty \nhours. lCases: Workers' Compensation C=>709.j \nburden, n. (bet'. 12c) 1. A duty or responsibility <the \nseller's burden to insure the shipped goods>. 2. Some\nthing that hinders or oppresses <a burden on inter\nstate commerce>. 3. A restriction on the use or value of \nland; an encumbrance <the easement created a burden \non the estate>. 4. Scots law. An encumbrance, restric\ntion, or obligation imposed on a person or on property \n<the burden of curatorship> <a servitude is a burden \non land> . When the burden is on real property, it is \ncalled a real burden. -burden, vb. -burdeusome, \nadj. \nundue burden. A substantial and unjust obstacle to \nthe performance of a duty or enjoyment of a right . \n For example, excessive discovery requests place an \nundue burden on the person who must produce the \ndata requested. And a state law requiring a particu\nlar kind of mud flap on trucks may place an undue \nburden on the flow of interstate commerce. \nburden of allegation. (1862) A party's duty to plead \na matter in order for that matter to be heard in the \nlawsuit. Also termed burden of pleading. burden-shifting analysis \nburden of going forward with evidence. See BURDEN \nOF PRODUCTION. \nburden of persuasion. (1923) A party's duty to convince \nthe fact-finder to view the facts in a way that favors that \nparty . In civil cases, the plaintiff's burden is usu. \"by \na preponderance of the evidence,\" while in criminal \ncases the prosecution's burden is beyond a reasonable \ndoubt.\" -Also termed persuasion burden; risk of non\npersuasion; risk ofjury doubt. Also loosely termed \nburden of proof. [Cases: Evidence C-=90-98.j \nburden of pleading. See BURDEN OF ALLEGATION. \nburden of production. (1893) A party's duty to introduce \nenough evidence on an issue to have the issue decided \nby the fact-finder, rather than decided against the party \nin a peremptory ruling such as a summary judgment \nor a directed verdict. Also termed burden of going \nforward with evidence; burden of producing evidence; \nproduction burden; degree of proof. [Cases: Evidence \nC=>90-98.] \nburden of proof. (I8c) 1. A party's duty to prove a \ndisputed assertion or charge. _ The burden of proof \nincludes both the burden of persuasion and the burden \nof production. -Also termed onus probandi. See \nSHIFTING THE BURDEN OF PROOF. 2. Loosely, BURDEN \nOF PERSUASION. [Cases: Evidence C::>90.j \n\"In the past the term 'burden of proof' has been used in \ntwo different senses. (1) The burden of going forward with \nthe eVidence. The party having this burden must introduce \nsome evidence if he wishes to get a certain issue into the \ncase. If he introduces enough evidence to require consid\neration of this issue, this burden has been met. (2) Burden \nof proof in the sense of carrying the risk of non persuasion. \nThe one who has this burden stands to lose if his evidence \nfails to convince the jury or the judge in a nonjury trial. \nThe present trend is to use the term 'burden of proof' only \nwith this second meaning .\" Rollin M. Perkins & Ronald \nN. Boyce, Criminal Law 78 (3d ed. 1982). \n'The expression 'burden of proof' is tricky because it has \nbeen used by courts and writers to mean various things. \nStrictly speaking, burden of proof denotes the duty of \nestablishing by a fair preponderance of the eVidence the \ntruth of the operative facts upon which the issue at hand \nis made to turn by substantive law. Burden of proof is \nsometimes used in a secondary sense to mean the burden \nof going forward with the evidence. In this sense it is \nsometimes said that a party has the burden of countering \nwith eVidence a prima facie case made against that party.\" \nWilliam D. Hawkland, Uniform CommerCial Code Series  \n2A-516:08 (1984). \nmiddle burden of proof. A party's duty to prove a fact \nby dear and convincing evidence . This standard lies \nbetween the preponderance-of-the-evidence standard \nand the beyond-a-reasonable-doubt standard. See \nclear and convincing evidence under EVIDENCE. \n[Cases: Evidence C-=S96.] \nburden-shifting analysis. A court's scrutiny of a com\nplainant's evidence to determine whether it is suffi\ncient to require the opposing party to present contrary \nevidence . Burden shifting is most commonly applied \nin discrimination cases. If the plaintiff presents suf\nficient evidence of discrimination, the burden shifts \nto the defendant to show a legitimate, nondiscrimina\ntory basis for its actions. The precise components of the \n\nBureau of Alcohol, Tobacco, and Firearms \nanalysis vary depending on the context of the claim. Ct~ \nMCDONNELL DOUGLAS TEST. [Cases: Civil Rights \n1536; Jury Cr~33(5.l5).l \nBureau of Alcohol, Tobacco, and Firearms. I. See \nALCOHOL AND TOBACCO TAX AND TRADE BUREAU. 2. \nSee BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND \nEXPLOSIVES. \nBureau of Alcohol, Tobacco, Firearms, and Explosives. \nA unit in the u.s. Department of Homeland Security \nresponsible for enforcing laws relating to firearms and \nexplosives and laws relating to the production, taxation, \nand distribution of alcohol and tobacco products. -\nFormerly called the Bureau of Alcohol, Tobacco, and \nFirearms and a part of the Department of the Treasury, \nits law-enforcement functions were transferred in the \nHomeland Security Act of 2002. Pub. 1. 107-296. \nAbbr. ATF. Cf. ALCOHOL AND TOBACCO TAX AND TRADE \nBUREAU. [Cases: Internal Revenue (;:::::'4311, 4314.] \nBureau of Arms Control. A unit in the U.S. Department \nof State responsible for directing U.S. participation in \nmultilateral arms-control negotiations and in the Orga \nnization for the Prohibition of Chemical Weapons. -\nIt also monitors developments relating to arms control \nand weapons development. \nBureau of Consular Affairs. A unit in the U.S. Depart\nment of State responsible for protecting U.S. citizens \nand interests abroad. _ Through its Office of Passport \nServices it issues over 7 million passports each year. \nBureau of Customs. See UNITED STATES CUSTOMS \nSERVICE. \nBureau of Democracy, Human Rights, and Labor. A \nunit in the U.S. Department of State responsible for \ndeveloping policy on human rights and freedoms and \nfor preparing the annual Country Reports on Human \nRights Practices. Abbr. DRL. \nBureau of Diplomatic Security. A unit of the U.S. \nDepartment of State responsible for protecting the Sec\nretary of State and domestic and foreign dignitaries, for \ninvestigating criminal activities such as identity-docu\nment fraud involving U.S. passports and visas, and for \ndeveloping security programs protecting diplomats and \nAmerican interests worldwide. -The Bureau employs \nspecial agents (members of the U.S. Foreign Service) \nwho are located throughout the United States and in \nscores of embassies worldwide. It also operates the Dip\nlomatic Courier Service and supervises the transpor\ntation of classified documents and materials. Abbr. \nDS. Also termed Diplomatic Security Service. \nBureau of Economic Analysis. A unit in the U.S. Depart\nment of Commerce responsible for compiling and ana\nlyzing data about the U.S. economy. -It is a part of the \nDepartment's Economics and Statistics Administra\ntion. Abbr. BEA. \nBureau of Economic and Business Affairs. A unit in \nthe U.S. Department of State responsible for developing \npolicy on international matters relating to food, com\nmunications, energy, air transportation, and maritime \naffairs. Abbr. EB. 224 \nBureau of Engraving and Printing. A unit in the U.S. \nDepartment of the Treasury responsible for design\ning and printing the nation's paper currency, postage \nstamps, Treasury securities, and other documents. -\nAbbr. BEP. [Cases: United States \nBureau of Export"}
{"text": "Treasury securities, and other documents. -\nAbbr. BEP. [Cases: United States \nBureau of Export Administration. The former name \nof a bureau in the U.S. Department of Commerce that \nissues export licenses and enforces export-control laws. \n-The unit's name was changed in 2002 to the Bureau \nof Industry and Security. -Abbr. BXA. \nBureau of Indian Affairs. A unit in the U.S. Depart\nment of the Interior responsible for helping Indian \nand Alaskan native people manage their affairs under \nthe trust relationship with the U.S., and for promoting \nprograms for their benefit. _ Originally created as part \nof the War Department in 1824, the Bureau was trans\nferred to the Interior Department in 1849. Abbr. \nBIA. [Cases: IndiansC:'l13-118.J \nBureau of Industry and Security. A unit in the U.S. \nDepartment of Commerce responsible for issuing \nexport licenses and enforcing export-control laws. _ \nThe Bureau is charged with furthering U.S. l1ational~ \nsecurity, foreign-policy, and economic interests while \nfurthering the growth of U.S. exports. It was named \nthe Bureau of Export Administration until 2002. \nAbbr. BIS. \nBureau ofIntelligence and Research. A unit in the U.S. \nDepartment of State responsible for coordinating activ\nities of U.S. intelligence agencies to ensure consistency \nwith u.s. foreign policy. _ The Bureau also monitors \nforeign public and media opinions. Abbr. INR. \nBureau of International Labor Affairs. A unit in the \nU.S. Department of Labor responsible for helping \nformulate policy on international matters that affect \nAmerican workers. -For example, the Bureau compiles \nand publishes worldwide data on child-labor practices \nand on foreign labor markets and programs. It also \nstudies the labor consequences of immigration pro\nposals and legislation. \nBureau of International Narcotics and Law Enforce\nment. A unit in the U.S. Department of State responsible \nfor coordinating the narcotics and anticrime~assistance \nactivities of the Department and for adVising the Presi~ \ndent, the Secretary of State, and others on international \nnarcotics matters. -Abbr. INL. \nBureau of International Organization Affairs. A unit \nin the U.S. Department of State responsible for coor\ndinating U.S. diplomatic participation in the United \nNations and other international organizations and con\nferences. Abbr. 10. \nBureau of Labor Statistics. An independent agency in \nthe U.S. Department of Labor responsible for compiling \nand analyzing statistical information on employment \nand the economy. -The Bureau reports on employ\nment, unemployment, consumer and producer prices, \nconsumer expenditures, import and export prices, \nwages and employee benefits, productivity and tech-\n\n225 \nnological change, employment projections, and occu\npational illness and injury. Abbr. BLS. \nBureau of Land Management. The unit within the u.s. \nDepartment of the Interior responsible for managing \nthe national-resource lands (some 450 million acres) \nand their resources and for administering the mineral \nresources connected with acquired lands and the sub\nmerged lands of the Outer Continental Shelf (OCS) . \nThe bureau was established on July 16, 1946, by con\nsolidating the General Land Office (established in 1812) \nand the Grazing Service (established in 1934). See 35 \nUSCA  1731 et seq. [Cases: Public Lands ~~94.] \nBureau of Nonproliferation. A unit in the u.s. Depart\nment of State responsible for leading efforts to prevent \nthe proliferation of weapons of mass destruction, \ndelivery systems, and advanced conventional arms. -\nAlso termed Nonproliferation Bureau. \nBureau of Oceans and International Environmental \nand Scientific Affairs. A unit in the U.S. Department \nof State responsible for coordinating U.S. ocean, envi\nronment, and health policies. -Abbr. OES. \nBureau of Political-Military Affairs. A unit in the U.S. \nDepartment of State responsible for analYZing defense\nrelated policy issues, managing security-assistance \nfunds, and coordinating peace-keeping and humani\ntarian operations. Abbr. PM. -Also termed Politi\ncal-Military Affairs Bureau. \nBureau of Population. Refugees, and Migration. A \nunit in the U.S. Department of State responsible for \nformulating policy and administering U.S. assistance \nand admissions programs for refugees and others. -\nAbbr.PRM. \nBureau of Prisons. The unit in the u.s. Department \nofJustice responsible for operating the federal prison \nsystem . It oversees all federal penal and correc\ntional facilities, assists states and local governments in \nimproving their correctional facilities, and provides \nnotice of prisoner releases. 18 USCA  4041 et seq. \nSee NATIONAL INSTITUTE OF CORRECTIONS. -Abbr. \nBOP. \nBureau of Redamation. A unit in the U.S. Department \nof the Interior that built dams in 17 western states and \nis now responsible for selling hydroelectric power from \nthose dams and water from the reservoirs. -Among \nthe 600 dams constructed are Hoover Dam and Grand \nCoulee Dam. [Cases: Waters and Water Courses C= \n222.] \nBureau of the Budget. See OFFICE OF MANAGEMENT AND \nBUDGET. \nBureau of the Census. A unit in the U.S. Department of \nCommerce responsible for conducting and publishing \nthe census required by the U.S. Constitution to be taken \nevery ten years . Established in 1902, the Bureau also \nconducts other population surveys and estimates as \nrequired by law. It is a part of the Department's Eco\nnomics and Statistics Administration. -Also termed \nCensus Bureau. Census 1.] burglary \nBureau ofthe Mint. See UNITED STATES MINT. \nBureau of the Public Debt. A unit in the u.s. Depart\nment of the Treasury responsible for issuing and \nredeeming Treasury bills, notes, and bonds, and for \nmanaging the U.S. Savings Bond Program. \nBureau of Transportation Statistics. A unit in the U.S. \nDepartment of Transportation responsible for compil\ning and publishing transportation statistics. -Abbr. \nBTS. \nBureau Veritas. See VERITAS. \nBureaux Internationaux Reunis pour la Protection de la \nPropriete Intellectuelle. See INTERNATIONAL BUREAU \nFOR THE PROTECTION OF INTELLECTUAL PROPERTY. \nBurford abstention. See ABSTENTION. \nburgage (b3r-gij). Rist. 1. A type of socage tenure in \nwhich tenants paid annual rents to the lord of the \nborough. See SOCAGE. 2. Scots law. The tenure by which \na burgh held its land of the king, the service due being \nwatching and warding. See WATCH AND WARD. -Also \ntermed burgage tenure. \nburgator (b;r-gay-t;r). Rist. A burglar; a person who \nbreaks into a house or an enclosed space. \nburgess (b3r-jis). Rist. 1. An inhabitant or freeman of a \nborough or town. 2. A magistrate of a borough. 3. A \nperson entitled to vote at elections. 4. A representative \nof a borough or town in Parliament. \n\"[Burgesses] are properly Men of Trade, or the Inhabit\nants of a Borow or Walled Town; yet we usually apply this \nname to the Magistrates of such a Town, as the Bailiff and \nBurgesses of Leominster. But we do now usually call those \nBurgesses who serve in Parliament, for any such Borow \nor Corporation.\" Thomas Blount, NamaLexicon: A Law \nDictionary (1670). \nburgh English (barg ing-glish). See BOROUGH \nENGLISH. \nburgh Engloys (barg ing-gloiz). See BOROUGH \nENGLISH. \nburglar, n. (16c) One who commits burglary. \nburglarious (b;r-glair-ee-;s), adj. Of or relating to \nburglary <burglarious intent>. - burglariously, adv. \nburglarize, vb. To commit a burglary <the defendant \nburglarized three houses>. -Also termed (esp. in BrE) \nburgle. \nburglary, n. (16c) 1. The common-law offense of breaking \nand entering another's dwelling at night with the intent \nto commit a felony. 2. The modern statutory offense \nof breaking and entering any building -not just a \ndwelling, and not only at night -with the intent to \ncommit a felony . Some statutes make petit larceny \nan alternative to a felony for purposes of proving bur\nglariOUS intent. Also termed (in sense 2) breaking \nand statutory burglary. Cf. ROBBERY. lCases: \nBurglary \ngeneric burglary. An unlawful or unprivileged entry \ninto, or remaining in, a building or structure with \nintent to commit a crime. Taylor v. United States, 495 \nU.S. 575, 110 S.Ct. 2143 (1990). \n\nburglary tool. (often pI.) (1903) An implement designed \nto help a person commit a burglary . In many juris\ndictions, it is illegal to possess such a tool if the pos\nsessor intends to commit a burglary. lCases: Burglary \nC='12.] \nburgle. See BURGLARIZE. \nburial insurance. See INSURANCE. \nburied-facts doctrine. Securities. The rule that a proxy\nstatement disclosure is inadequate if a reasonable share\nholder could fail to understand the risks presented by \nfacts scattered throughout the proxy . In applying \nthis rule, a court will consider a securities disclosure \nto be farse and misleading if its overall significance is \nobscured because material information is buried in \nfootnotes, appendixes, and the like. [Cases: Securities \nRegulation C='49.21.] \nburking, n. The crime of murdering someone, usu. by \nsmothering, for the purpose of selling the corpse . \nThis term arose from the Scottish murder team of \nBurke and Hare, whose practice in 1828 of suffocating \ntheir victims while leaving few visible marks made the \ncorpses more salable to medical schools. -burke, vb. \nburlaw. See BYRLAW. \nburlawcourt. See BYRLAW COURT. \nburnt-records act. A statute that enables a property \nowner to quiet title if the public records for the property \nhave been lost or destroyed in a disaster. [Cases: Records \nC='18.] \nbursting-bubble theory. (1941) Evidence. The principle \nthat a presumption disappears once the presumed facts \nhave been contradicted by credible evidence. [Cases: \nEvidence 89.] \nBush doctrine. The policy announced by President \nGeorge W. Bush after the September 11, 2001 attacks \non the World Trade Center and the Pentagon, to the \neffect that nations harboring terrorists will be treated \nas terrorists themselves and may be subject to a first\nstrike strategy. Cf. SOVEREIGN EQUALITY. \nbusiness. 1. A commercial enterprise carried on for \nprofit; a particular occupation or employment habitu\nally engaged in for livelihood or gain. 2. Commercial \nenterprises <business and academia often have congru\nent aims>. 3. Commercial transactions <the company \nhas never done business in Louisiana>. See DOING \nBUSINESS. 4. By extension, transactions or matters of a \nnoncommercial nature <the courts' criminal business \noccasionally overshadows its civil business>. 5. Parlia\nmentary law. The matters that come before a delibera\ntive assembly for its consideration and action, or for \nits information with a view to possible action in the \nfuture . In senses 2, 3, and 4, the word is used in a \ncollective meaning. \nnew business. An item of business introduced from \nthe floor or taken from the table without haVing \nbeen scheduled for consideration. See TAKE FROM \nTHE TABLE. \nold business. See unfinished business. unfinished business. A general order carried over from \nan earlier meeting in the same session because the \nmeeting adjourned before or while conSidering it.  \n1be term \"unfinished business\" is preferred to \"old \nbusiness,\" which may incorrectly imply renewed con\nsideration of business that has been finally disposed \nof. See general order under ORDER (4); SESSION (2). \nunfinished business and general orders. A common \ncategory on an agenda. See unfinished business; \ngeneral order under ORDER (4). \nbusiness agent. 1. See managing agent under AGENT. \n2. A labor-union representative selected to deal with \nemployers. \nbusiness angel. See angel investor under INVESTOR. \nbusiness appraiser. See APPRAISER. \nbusiness associations. See BUSINESS ENTERPRISES. \nbusiness combination. 1. The consolidation, for \naccounting purposes, of a corporation and one or \nmore incorporated or unincorporated businesses. 2. \nThe two entities considered as one entity for account\ning purposes. \nbusiness compulsion. See economic duress under \nDURESS. \nbusiness-continuation agreement. See AGREEMENT. \nbusiness corporation. See CORPORATION. \nbusiness court. See COURT. \nbusiness cyde. The recurrent expansion and contraction \nof economic activity. \nbusiness day. See DAY. \nbusiness enterprises. The field of law dealing with \nvarious forms of business, such as corporations, lim\nited-liability companies, and partnerships. Also \ntermed business entities; business associations; enter\nprise organizations. \nbusiness entry. A writing admissible under the business\nrecords exception to the hearsay rule. See BUSINESS\nRECORDS EXCEPTION. [Cases: Criminal Law \nEvidence \nbusiness-entry rnle. See BUSINESS-RECORDS EXCEP-\nTION. \nbusiness expense. See EXPENSE. \nbusiness form. See BLANK FORM. \nbusiness gain. 1. See GAIN (2). 2. See GAIN (3). \nbusiness guest. See BUSINESS VISITOR (1). \nbusiness homestead. See HOMESTEAD. \nbusiness-interruption insurance. See INSURANCE. \nbusiness invitee. 1. See INVITEE. 2. See BUSINESS VISITOR \n(1). \nbusiness-judgment rule. (1946) Corporations. The \npresumption that in making business decisions not \ninvolving direct self-interest or self"}
{"text": "1946) Corporations. The \npresumption that in making business decisions not \ninvolving direct self-interest or self-dealing, corporate \ndirectors act on an informed basis, in good faith, and \nin the honest belief that their actions are in the corpo\nration's best interest.  The rule shields directors and \n\n227 \nofficers from liability for unprofitable or harmful cor\nporate transactions if the transactions were made in \ngood faith, with due care, and within the directors' or \nofficers' authority. [Cases: Corporations C=> 310(1).] \n\"The business judgment rule is a presumption protecting \nconduct by directors that can be attributed to any rational \nbusiness purpose. In order to plead and prove a claim, \na plaintiff must plead and prove facts overcoming this \npresumption. Where the presumption is overcome, direc\ntors bear the burden of proving the fairness of the chal\nlenged conduct. The difference between these two levels \nof judicial scrutiny - a presumption in favor of directors \nthat protects conduct that is rational, versus a burden of \nproving fairness frequently is outcome determinative.\" \n1 Dennis 1. Block et aI., The Business judgment Rule 18-19 \n(5th ed. 1998). \nbusiness loss. See ordinary loss under LOSS. \nbusiness meeting. See MEETING. \nbusiness method. Patents. A way or an aspect of a way \nin which a commercial enterprise is operated. \nbusiness-method exception. Intellectual property. The \ntraditional doctrine that business methods are not pro\ntected by intellectual-property laws . Early caselaw \nestablished that \"pure methods of doing business\" were \nunpatentable. But in 1998, the Federal Circuit held in \nState St. Bank & Trust Co. v. Signature Fin. Group \n(149 F.3d 1368) that business methods are not per se \nunpatentable if they otherwise meet the requirements \nfor a valid patent. The European Patent Convention \nexpressly excludes business methods from patent pro\ntection. [Cases: Patents C::::-7.14.] \nbusiness-method patent. See PATENT (3). \nBusiness Methods Patent Initiative. A U.S. Patent and \nTrademark Office program that added a second level \nto business-method-patent reviews for the purpose \nof reducing the number of business-method patents \nissued . The PTa created the initiative in response to \ncomplaints that examiners improperly approved many \nbusiness-method patents. After an examiner approves \nthe application and before a business-method patent is \ngranted, a second examiner must completely review the \napplication and either reject the application or affirm \nthe issuance of the patent. \nbusiness opportunity. The chance to buy or lease either \na going business, or a product, service, or equipment \nthat will enable the buyer or lessee to profit. [Cases: \nAntitrust and Trade Regulation C=>271.J \nbusiness-partner insurance. See partnership insurance \nunder INSURANCE. \nbusiness plan. (1890) A written proposal explaining a \nnew business or business idea and usu. covering finan\ncial, marketing, and operational plans. \nbusiness-purpose doctrine. (1939) Tax. The principle \nthat a transaction must serve a bona fide business \npurpose (i.e., not just for tax avoidance) to qualify for \nbeneficial tax treatment. [Cases: Internal Revenue C::,-:> \n3071, 3315, 3396.1 \nbusiness record. A report, memorandum, or other \nrecord made usu. in the ordinary course of business. but-for materiality \n It may be ordered produced as part of discovery in \na lawsuit. \nbusiness-records exception. (1939) Evidence. A hearsay \nexception allOWing business records (such as reports or \nmemoranda) to be admitted into evidence if they were \nprepared in the ordinary course of business . If there \nis good reason to doubt a record's reliability (e.g., the \nrecord was prepared in anticipation of litigation), the \nexception will not apply. Fed. R. Evid. 803(6). -Also \ntermed bUSiness-entry rule. [Cases: Criminal Law C=> \n436; Evidence C=> 351.] \nbusiness-riskexdusion. See EXCLUSION (3). \nBusiness Software Alliance. Copyright. An international \ntrade organization representing leading software and \ne-commerce developers, formed to educate govern\nments and the public about software issues and to fight \nsoftware piracy and Internet theft. -Abbr. BSA. \nbusiness-to-business, adj. Of or relating to commerce \nbetween businesses, as distingUished from commerce \nbetween a business and consumers. - Abbr. B2B. Cf. \nBUSINESS-TO-CONSUMER. \nbusiness-to-business e-commerce. Electronic commerce \nbetween businesses over the Internet. \nbusiness-to-consumer, adj. Of or relating to commerce \nbetween a business and consumers, as distinguished \nfrom commerce between businesses. -Abbr. B2C. Cf. \nBUSINESS-TO-BUSINESS. \nbusiness-to-consumer e-commerce. Electronic \ncommerce between a business and consumers over \nthe Internet. \nbusiness tort. See TORT. \nbusiness transaction. An action that affects the actor's \nfinancial or economic interests, including the making \nof a contract. \nbusiness trust. See TRUST (4). \nbusiness visitor. 1. Torts. A person who is invited or \npermitted to enter or remain on another's land for \na purpose directly or indirectly connected with the \nlandowner's or possessor's business dealings. Also \ntermed business invitee; business guest. See INVITEE. \n[Cases: Negligence C=> 1076.] 2. Immigration law. A \nnon-U.S. citizen who has a B-1 visa, which allows the \nperson to be employed while in the United States. \nbust-up merger. See MERGER. \nbut-for cause. See CAUSE (1). \nbut-for materiality. Patents. In an analysis of allegedly \ninequitable conduct, a test for determining the materi\nality of withheld information by assessing whether the \nwithheld information, if disclosed, would have resulted \nin a finding of unpatentability . Under this test, the \nissue is whether the patent would have issued if not for \nthe misconduct of the applicant. By contrast, under the \nsubjective but-for test, the issue is whether the misrep\nresentation caused the examiner to issue the patent. \nAlthough both tests have been applied by the courts, \nthe Federal Circuit has rejected the but-for materiality \n\ntest in favor of the materiality test codified in 37 CFR \n1.56. -Also termed objective but-for test. Cf. REASON\nABLE EXAMINER TEST. [Cases: Patents C'\":::>97.] \nbut-for test. (1925) Tort & criminal law. The doctrine \nthat causation exists only when the result would not \nhave occurred without the party's conduct. Also \ntermed (in criminal law) had-not test. See but-for cause \nunder CAUSE Cf. SUBSTANTIAL-CAUSE TEST. [Cases: \nCriminal Law Negligence \nbutlerage. Hist. A duty on wine imported into England, \npayable to the royal butler. Cf. PRISAGE. \nbut see. See SED VIDE. \nbut so insane as not to be responsible. See GUILTY BUT \nMENTALLY ILL. \nbuttals (bat-alz). Archaic. See ABUTTALS. \nbutterfly ballot. See BALLOT. \nbutts and bounds. See METES AND BOUNDS. \nbuy. See PURCHASE (1). \nbuy-and-sell agreement. See BUY-SELL AGREEMENT. \nbuy-back clause. 1. Contracts. A provision that requires \na manufacturer or franchiser to buy back inventory and \nequipment if the distributor or franchisee's contract is \nterminated prematurely. 2. Contracts. A clause allowing \nthe seller of property the right or opportunity to repur\nchase the property under stated conditions. 3. Insur\nance. An insurance-policy clause that provides for the \nreinstatement of coverage that the insurer excludes or \ncancels if the insured meets certain conditions . For \ninstance, buy-back clauses are often used to reinstate \nsome of the c~verage taken away under pollution-exclu\nsion clauses. [Cases: Contracts (;::0202(1).] \nbuy-down, n. Money paid by the buyer of a house to \nreduce the mortgage-interest payments. \nbuyer. (12c) One who makes a purchase. See PUR\nCHASER. \nbuyer in ordinary course of business. (1915) A person \nwho in good faith and without knowledge that \nthe sale violates a third party's ownership rights or \nsecurity interest in the goods -buys from a person \nregularly engaged in the business of selling goods of \nthat kind . Pawnbrokers are excluded from the defi\nnition. UCC  1-201(9), -Also termed buyer in due \ncourse. [Cases: Sales (;::0234.] \nqualified institutional buyer. Securities. An institution \nwith more than $100 million in invested assets. \nbuyer's market. See MARKET. \nbuying in, n. (17c) The purchase of property by the \noriginal owner or an interested party at an auction or \nforeclosure sale. buy in, vb. \nbuying on margin. See MARGIN TRANSACTION. \nbuying syndicate. See SYNDICATE. \nbuy order. See ORDER (8). buyout, n. The purchase of all or a controlling percent\nage of the assets or shares of a business. Cf. MERGER \n(8). -buyout, vb. \nleveraged buyout. (1975) The purchase of a publicly \nheld corporation's outstanding stock by its manage\nment or outside investors, financed mainly with funds \nborrowed from investment bankers or brokers and \nusu. secured by the corporation's assets. -Abbr. \nLBO. [Cases: Corporations (;::0 116.] \nmanagement buyout. (I976) 1. A buyout of a corpora\ntion by its own directors and officers. 2. A leveraged \nbuyout of a corporation by an outside entity in which \nthe corporation's management has a material finan\ncial interest. -Abbr. MBO. See GOING PRIVATE. \nbuy-sell agreement. (1956) 1. An arrangement between \nowners of a business by which the surviving owners \nagree to purchase the interest of a withdrawing or \ndeceased owner. Also termed cross-purchase buy-sell \nagreement. Cf. CONTINUATION AGREEMENT. 2. Corpo\nrations. A share-transfer restriction that commits the \nshareholder to sell, and the corporation or other share\nholders to buy, the shareholder's shares at a fixed price \nwhen a specified event occurs. -Also termed buy-and\nsell agreement. Cf. OPTION AGREEMENT. [Cases: Corpo\nrations (;::082, 116. ] \nBVA. abbr. BOARD OF VETERANS' APPEALS. \nBW. abbr. BID WANTED. \nBXA. abbr. BUREAU OF EXPORT ADMINISTRATION. \nby-bidder. At an auction, a person employed by the seller \nto bid on property for the sole purpose of stimulating \nbidding by potential genuine buyers; SHILL (2). -Also \ntermed puffer. [Cases: Auctions and Auctioneers \n7.] \nby-bidding. The illegal practice of employing a person \nto bid at an auction for the sole purpose of stimulat\ning bidding on the seller's property. -Also termed \npuffing. Cf. BIDDING UP; SHILLING (1). [Cases: Auctions \nand Auctioneers \nby-election. See ELECTION (3). \nby God and my country. Hist. A customary reply for \na criminal defendant when asked at arraignment, \n\"Culprit, how wilt thou be tried?\" \nbylaw rfr. Danish bye, Old Norse byr, \"town\"] (14c) 1. \nParliamentary law. (usu. pl.) A rule or administrative \nprovision adopted by an organization for its internal \ngovernance and its external dealings . Although the \nbylaws may be an organization's most authoritative \ngoverning document, they are subordinate to a charter \nor articles of incorporation or association or to a con\nstitution. The \"constitution and bylaws\" are sometimes \na single document. See governing document under \nDOCUMENT; ARTICLES OF INCORPORATION. Cf. CON\nSTITUTION. [Cases: Associations Condominium \nCorporations (;::054,113,116.]2. ORDINANCE. \nSometimes spelled by-law; byelaw. \n\"Bylaw is now felt to be a compound of the preposition by \nand law, but originally bywas the Danish by 'town, village' \n\n229 \n(found in Derby, Whitby, etc.), and the Danish genitive\nending is preserved in the other English form byr-Iaw,\" Otto \nJespersen, Growth and Structure of the English Language \n7S (9th ed, 1938). \nbylaw man. Hist. One of the chief men of a town, usu. \nappointed for some purpose under the town's corpo\nrate bylaws. \nby operation oflaw. See OPERATION OF LAW. \nbypass trust. See TRUST. \nbyrlaw (bir-lah), n. Eng. & Scots Hist. 1. The local \ncustom of a township or district for resolving disputes \nover boundaries, trespasses, and the use of common \nlands, as well as farming issues. 2. A particular custom \nestablished by the common consent of landholders bystander \nin a township or district. 3. The area over which a \ntownship or district court has jurisdiction. -Also \nspelled burlaw. \nbyrlaw court. Hist. Scots law. A community assembly \nthat judged minor disputes arising in the community. \n The assembly members were called byrlawmen or bir\nleymen. - Also spelled burlaw court. \nbyrthynsak (bar-th.:ln-sak), n. [Anglo-Saxon byrthen \n\"burden\" + sacu \"lawsuit\"] Hist. The theft of a calf or \nram that is the most a man can carryon his back. \nbystander. (16c) One who is present when an event takes \nplace, but who does not become directly involved in \nit. \n\nc \nc. abbr. (1947) 1. CIRCA. 2. COPYRIGHT. \nca. abbr. CIRCA. \n"}
{"text": "47) 1. CIRCA. 2. COPYRIGHT. \nca. abbr. CIRCA. \nCA. abbr. CERTIFICATION AUTHORITY. \nca. ad reo abbr. See capias ad respondendum under \nCAPIAS. \ncabal (ka-.bal or ka-bahl). (17c) A small group ofpolitical \nschemers or conspirators . The term is sometimes said \nto have originated as an acronym from a committee \nof five ministers ofCharles II, whose surnames began \nwith C, A, B, A, and L (Clifford, Arlington, Bucking\nham, Ashley, and Lauderdale). Though colorful, this \netymology is false: the term came into English directly \nfrom the French cabale \"intrigue,\" which derives ulti\nmately from Hebrew kabbalah \"received lore.\" \ncabala (kab-~-la or ka-bahl-a). An esoteric or obscure \ndoctrine. \ncaballeria (kah-bah-ye-ree-ah). [Spanish] Spanish law. \nAn allotment of land in regions formerly conquered \nby Spain, such as Mexico and the southwestern United \nStates . Originally a Spanish feudal tenure held by a \nsoldier, a caballeria eventually came to refer to an area \nofland. It usu. measures 100 by 200 feet in the United \nStates, and between 30 and 200 acres in Mexico and \nother former Spanish territories. \ncabinet. (often cap.) (17c) The advisory council to an \nexecutive officer, esp. the President.  The President's \ncabinet is a creation of custom and tradition, dating \nback to the term ofGeorge Washington. 1he U.S. Con\nstitution alludes to a group of presidential advisers \nthe President \"may require the Opinion, in writing, of \nthe principal Officer in each of the executive Depart\nments' upon any Subject relating to the Duties oftheir \nrespective Offices\" (art. II,  2, c1. 1) but the term \ncabinet is not specifically mentioned. The cabinet today \ncomprises the heads of the 15 executive departments: \nthe Secretary of State, the Secretary of the Treasury, \nthe Secretary of Defense, the Attorney General, the \nSecretary ofthe Interior, the Secretary of Agriculture, \nthe Secretary ofCommerce, the Secretary ofLabor, the \nSecretary ofHealth and Human Services, the Secretary \nof Housing and Urban Development, the Secretary of \nTransportation, the Secretary ofEnergy, the Secretary \nofEducation, the Secretary ofVeterans Affairs, and the \nSecretary of Homeland Security. Other officials, such \nas the U.S. ambassador to the United Nations and the \ndirector of the Office of Management and the Budget, \nhave been accorded cabinet rank. [Cases: United States \ninner cabinet. The heads of the departments of State, \nTreasury, Defense, and Justice . 1his group is so \ncalled because in most administrations it tends to be closer to the executive and more influential than the \nrest of the cabinet (the outer cabinet). \nkitchen cabinet. An unofficial and informal body of \nnoncabinet advisers who often have more sway with \nthe executive than the real cabinet does . This term \nwas first used derisively in reference to some ofPres i\ndent Andrew Jackson's advisers, who, because oftheir \nreputation for unpolished manners, were supposedly \nnot important enough to meet in the formal rooms \nof the White House. \n\"The term [kitchen cabinet] began to lose its sting after \nJackson's time. But because most Presidents do have circles \nof personal friends, the idea remains. Theodore Roosevelt \nhad his 'tennis cabinet.' Jonathan Daniels referred to \nWarren Harding's 'poker cabinet.' Herbert Hoover had an \nexercise-loving 'medicine ball cabinet.' Even governors \ncan play the game. In writing of New York's Alfred Smith, \nEd Flynn mentions the 'golfing cabinet,''' William Safire, \nSatire's New Political Dictionary 389 (1993). \nCable and Satellite Directive. See DIRECTIVE ON THE \nCOORDINATION OF CERTAIN RULES CONCERNING COPY\nRIGHT AND NEIGHBOURING RIGHTS APPLICABLE TO SAT\nELLITE BROADCASTING AND CABLE RETRANSMISSION. \ncabotage (kab-a-tij). Int'llaw. 1. The carrying on oftrade \nalong a country's coast; the transport ofgoods or pas\nsengers from one port or place to another in the same \ncountry . The privilege to carryon this trade is usu. \nlimited to vessels flying the flag of that country. 2. 1he \nprivilege of carrying traffic between two ports in the \nsame country. 3. The right ofa foreign airline to carry \npassengers and cargo between airports in the same \ncountry. \n\"Some writers maintain [that cabotage] should be applied \nonly to maritime navigation; in this context one can distin \nguish between petit cabotage -transport between ports \nsituated on the same sea (e.g. Bordeaux-Le Havre) -and \ngrand cabotage transport between ports situated on \ndifferent seas (e.g. Bordeaux-Marseille). However, the \nterm is also properly applied to transport between two \ninland points on an international river within one State, \nalthough the term grand cabotage is sometimes incorrectly \napplied to transnational transport between the inland ports \nof different riparian States on the same waterway. River \ncabotage properly so called is sometimes also referred to \nas local transport. Finally, the term has also been adopted \nto describe commercial air transport between airports \nsituated in the same State.\" Robert C. Lane, \"Cabotage,\" in \n1 Encyclopedia ot Public International Law 519--20 (1992). \nca'canny strike. See slowdown strike under STRIKE. \ncacicazgos (kah-see-kahz-gohs). Land held in entail by \ncaciques (leaders of Indian villages) and their descen\ndants in Spanish America. \ncadastre (b-das-t~r). A survey and valuation of \nreal estate in a county or region compiled for tax \npurposes. -Also spelled cadaster. -cadastral, adj. \n\n231 \t calendar \ncadena (ka-day-n<l). [Spanish \"chain\"] Spanish law. A \nperiod ofimprisonment; formerly, confinement at hard \nlabor while chained from waist to ankle. \ncadena perpetua (ka-day-n<l piJf-pet-W<l). Life impris\nonment. \ncadena temporal (ka-day-n<l tem-por-ahl). Imprison\nment for a term less than life. \ncadere (kad-<l-ree). [Latin \"to fail\"] Hist. 1. To end, \ncease, or fail. _ This term usu. refers to the failure of a \nwrit action. Cadit breve, for example, means \"the writ \nfails.\" 2. To be changed or turned into. -Cadit assisa in \njuratum means \"the assise is changed into a jury.\" \ncadit quaestio (kay-dit kwes-chee-oh). [Latin] Hist. The \nquestion falls to the ground; the dispute is over. \ncaduca (k<l-d[y]oo-k<l), n. pl. [Latin \"fallen things\"] 1. \nCivil law. Heritable property; property descending to \nan heir. 2. Roman law. Property forfeited for crime. See \nLAPSE. 3. Roman law. Property that either was without \nan heir or could not be taken by the testamentary heir \nor legatee. _ In many cases, the property would escheat \nto the state. See ESCHEAT. \ncaducary (ka-d[y]oo-ka-ree), adj. (Of a bequest or estate) \nsubject to, relating to, or by way ofescheat, lapse, or for\nfeiture of property <the statute was intended to waive \nthe rights ofthe caducary heirs>. \ncaduce (k<l-d[y]oos), vb. To take by escheat or lapse <the \ngovernment caduced the unclaimed mineral royal\nties>. \ncaducity (ka-d[y]oo-s<l-tee), n. The lapse of a testamen\ntary gift <the testator failed to provide a contingency \ntor the caducity ofthe legacy>. \ncaeteris paribus. See CETERIS PARIBUS. \ncaeteris tacentibus. See CETERIS TACENTIBUS. \ncaeterorum administration. See ADMINISTRATION. \nc.a.f. Cost, assurance, and freight. -\tThis term is synony\nmous with C.I.F. [Cases: Sales ~'-::>201(4).] \n\"[IJn a French contract the term 'C.A.F.' does not mean \n'Cost and Freight' but has exactly the same meaning as the \nterm 'C.I.F.,' Since it is merely the French equivalent of that \nterm. The 'A' does not stand for 'and' but for 'assurance,' \nwhich means insurance.\" William D. Hawkland, Uniform \nCommercial Code Series  2-320 (1984). \nCAFC. abbr. UNITED STATES COURT OF APPEALS FOR THE \nFEDERAL CIRCUIT. \ncafeteria plan. An employee fringe-benefit plan allowing \na choice ofbasic benefits up to a certain dollar amount. \n[Cases: Labor and Employment C=>41l.] \ncahoots (k<l-hoots). Slang. Partnership, esp. in an illegal \nact; collusion <the lawyer was in cahoots with her \nclient>. \nCairns's Act (kairn-z<lz). Hist. An 1858 statute that \nexpanded the relief available in England's chancery \ncourts to include monetary damages in addition to \ninjunctive relief. -Cairns's Act was superseded by the \nJudicature Acts of 1873-1875. -Also spelled Cairns' \nAct. Cf. JUDICATURE ACTS. Calandra rule (b-Ian-dra). The doctrine that a grand\njury witness may be compelled to answer ques\ntions about certain items, even though the items \nwere obtained by the police illegally. United States v. \nCalandra, 414 U.S. 338, 94 S.Ct. 613 (1974). \ncalculated ambiguity. See AMBIGUITY. \nCaldwell error. See ERROR (2). \ncalefagium (kal-i-fay-jee-<lm), n. Hist. A feudal right to \ntake wood from the King's forest or the lord's estate. \ncalendar, 11. (15c) 1. A systematized ordering of time \ninto years, months, weeks, and days; esp., the Grego\nrian calendar established by Pope Gregory XIII in 1582 \nand adopted in Great Britain in 1752. -The Gregorian \ncalendar is used throughout the Western world. [Cases: \nTime \nGregorian calendar. See NEW STYLE. \nJulian calendar. See OLD STYLE. \n2. (i8c) A court's list of civil or criminal cases. See \nDOCKET (2). [Cases: Criminal Law C=>632(2); Federal \nCivil Procedure C=> 1991, 1993; Trial (;=9.J \ncourt calendar. See COURT CALENDAR. \nshort-cause calendar. A trial calendar on which a \nshort-cause trial may be scheduled for the 10th day \nafter the opposing party is given notice. _ The request \nfor scheduling must include an affidavit that the trial \nwill take no longer than a certain specified period \n(e.g., an hour). [Cases: Trial \nspecial calendar. A calendar marked with court cases \nthat have been specially set for hearing or trial. See \nspecial setting under SETTING. [Cases: Trial C=> 13.] \ntrial calendar. See DOCKET (2). \n3. A list of bills reported out of a legislative commit\ntee for consideration by the entire legislature. 4. Par\nliamentary law. AGENDA. -Also termed calendar of \nbusiness. \naction calendar. The list ofbusiness awaiting a deliber\native assembly's vote. Also termed action agenda. \nconsent calendar. A list of business awaiting a delib\nerative assembly's vote that is not expected to be sub\nstantially opposed and is therefore scheduled for a \nvote without debate, or for automatic adoption unless \na member objects. Also termed consent agenda; \nunanimous-consent agenda; unanimous-consent \ncalendar. \n\"An assembly with a large number of routine or noncon\ntroverSial matters on its agenda may find it not only con\nvenient but expeditious to consider these matters under \nunanimous consent procedure. This gives every member \nan opportunity to object. At the same time, it gives the \npresiding officer an opportunity to dispose of a great deal \nof the agenda confronting the assembly quickly and effi\nciently, particularly when it would be most helpful to the \nassembly to get its job done. This can even be done by \ntaking en bloc action (that is, dispOSing of various items \nat the same time without taking separate consideration of \nthem) when matters are not controversial or are of minor \nimportance to the assembly, though every member has \nthe right to object.\" Floyd M. Riddick & Miriam H. Butcher, \nRiddick's Rules of Procedure 56 (1985). \n\ncalendar 232 \ndebate calendar. The list ofbusiness that is awaiting \na deliberative assembly's vote and that is not on the \nconsent calendar. -Also termed debate agenda. \nreport calendar. The list ofbusiness coming before \na deliberative assembly for information only rather \nthan for its vote. _ An item on the report calendar \nmay be the subject of a vote in the future. Also \ntermed report agenda. \nspecial-order calendar. The list ofbusiness scheduled \nas special orders. -Also termed special-order agenda. \nSee special order under ORDER (4). \nunanimous-consent calendar. See consent calendar. \ncalendar; vb. 1. To place an important event on a \ncalendar, esp. so that the event will be remembered. 2. \nTo place a case on a calendar. \ncalendar call. (1918) A court session in which the judge \ncalls each case awaiting trial, determines its status, and \nassigns a trial date. \ncalendar day. See DAY. \ncalendar month. See MONTH (1). \ncalendar motion. See MOTION (1). \ncalendar of prisoners. Hist. A list kept by the sheriffs \ncontaining the names of all the prisoners in custody \nalongside notes about each prisoner's present and past \nconvictions. \ncalendar year. See YEAR (1). \nCalends (kal-;mdz). Roman law. In the ancient Roman \ncalendar, the first day of the month. Also spelled \nKal"}
{"text": "(kal-;mdz). Roman law. In the ancient Roman \ncalendar, the first day of the month. Also spelled \nKalends. ct: IDES; NONES. \ncall, n. (13c) 1. A request, demand, or command, esp. to \ncome or assemble; an invitation or summons. \ncall for the orders ofthe day. Parliamentary law. A \ndemand that the meeting proceed according to its \norder of business. -Also termed call for the regular \norder. \ncallfor the regular order. See call for the orders ofthe \nday. \ncall ofa meeting. Parliamentary law. Formal written \nnotice of a meeting's time and place, sometimes stating \nits business, sent to each member in advance. \ncall ofthe house. A legislative body's order compel\nling each absent member's attendance, usu. instruct\ning that the sergeant at arms arrest and present each \nabsentee. \n\"In legislative bodies or other assemblies that have legal \npower to compel the attendance of their members, a pro \ncedure that can be used to obtain a quorum, if necessary, \nis the motion for a Call ofthe House. This is a motion that \nunexcused absent members be brought to the meeting \nunder arrest. A Call of the House is not applicable in vol\nuntary societies.\" Henry M. Robert, Robert's Rules ofOrder \nNewly Revised  40, at 339 (10th ed. 2000). \ncall ofthe roll. See roll call. \ncall to order. Parliamentary law. 1. The chair's dec\nlaration that a deliberative assembly has properly \nconvened and is ready for business. Also termed convocation. 2. The chair's request that a member \nfollow the applicable rules or observe appropriate \ndecorum. See DECORUM. \nquorum call. A roll call to determine whether a quorum \nis present. See QUORUM. \nroll call. Parliamentary law. A calling of the roll to take \nattendance or a vote. See roll-call vote under VOTE \n(4). -Also termed call ofthe roll. \n2. A demand for payment of money. \nmargin call. A securities broker's demand that a \ncustomer put up money or stock as collateral when \nthe broker finances a purchase of securities. - A \nmargin call usu. occurs when the market prices of \nthe securities are falling. Also termed maintenance \ncall. [Cases: Brokers C=:>24(2).] \n3. See call option under OPTION. 4. A demand for the \npresentation of a security (esp. a bond) for redemption \nbefore the maturity date. [Cases: Corporations (::::,473.] \n5. A landmark designating a property boundary. _ The \nlandmarks are chosen by the surveyor and recorded in \nhis field notes or in the accompanying deed. See DIREC\nTORY CALL; LOCATIVE CALL; METES AND BOUNDS. \ncall, vb. (bef. 12c) 1. To summon. 2. To demand payment \nof money. 3. To redeem (a bond) before maturity. \ncallable, adj. (Of a security) redeemable by the issuing \ncorporation betore maturity. See REDEMPTION. [Cases: \nCorporations C=:>68.] \ncallable bond. See redeemable bond under BOND (3). \ncallable preferred stock. See STOCK. \ncallable security. See redeemable security under \nSECURITY. \ncalled meeting. See special meeting under MEETING. \ncall equivalent position. Securities. A security position \nthat increases in value as the value of the underly\ning equity increases. -It includes a long convertible \nsecurity, a long call option, and a short put option. SEC \nRule 16a-l(b) (17 CFR  240.16a-l(b)). [Cases: Securities \nRegulation C-'JS.2S(3).J \ncall for the orders ofthe day. See CALL (1). \ncall for the regular order. See call for the orders ofthe \nday under CALL (1). \ncalling to the bar. See CALL TO THE BAR. \ncall loan. See LOAN. \ncall ofa meeting. See CALL (1). \ncall ofthe house. See CALL (1). \ncall ofthe roll. See roll call under CALL (1). \ncall option. See OPTION, \ncall patent. See PATENT (2). \ncall premium. The percentage amount of a bond's face \nvalue that a company pays, along with the face value, to \nredeem a callable bond; the difference between a bond's \ncall price and its par value. \ncall price. See PRICE. \n\n233 cancel \ncall-protection clause. A clause in a bond issue or a \ncallable preferred stock issue prohibiting the issuer \nfrom recalling the during a specified period. \n[Cases: Corporations \ncall the question. Parliamentary law. 1. (Of a member) to \nmove to close debate. 2. (Of a deliberative assembly) to \nadopt a motion to close debate. See CLOSE DEBATE. \ncall to order. See CALL (1). \ncall to the bar, n. lhe admission ofa person to practice \nlaw. This common phrase is a loan translation of the \nLatin ad barram evocatus (\"called to the bar\"). See AD \nBARRAM EVOCA TUS. Also termed calling to the bar. \n[Cases: Attorney and Client \ncall up, vb. Parliamentary law. To bring before a delibera\ntive assembly business that is ready for consideration \n<call up the motion to reconsider>. \ncalumnia (k<>-ldm-nee-d), n. pl. [Latin \"vexatious pro\nceedings\"] Roman law. Vexatiously instituted civil \nproceedings or knowingly false criminal charges made \nagainst someone . The victim had civil or criminal \nremedies depending on the circumstances. \ncalumniae judicium (b-ldm-nee-ee joo-dish-ee-<>m). \n[Latin \"action for vexation\"] Roman law. A countersuit \nthat a defendant who was maliciously sued could bring \nafter winning a judgment in the principal action. \ncalumniae jusjurandum (b-Idm-nee-ee j<>s-j<>-ran\nd<>m). [Law Latin \"oath of calumny\"] Roman law. An \noath given by a litigant that he is not suing or defend\ning vexatiously. \ncalumniate (k<l-lam-nee-ayt), vb. To slander or make \nfalse charges against. calumniator, n. \ncalumny (kal-am-nee), n. (l6c) Archaic. l. The act of \nmaliciously misrepresenting someone's words or \nactions in a way that is calculated to injure that person's \nreputation. See OBLOQUY (1). 2. A false charge or impu\ntation. calumnious (ka-lam-nee-<>s), adj. -calum\nniator (k<>l<lm-nee-ay-tar), n. \nCalvin's case. Ihe decision establishing that persons \nborn in Scotland after the 1603 accession of James I to \nthe English throne were deemed natural-born subjects \nofthe King ofEngland and could inherit English land. \nCalvin v. Smith, 7 Eng. Rep. 1,2 S.T. 559 (1608). \nCalvo clause (kahl-voh). A contractual clause by which \nan alien waives the right to invoke diplomatic immunity . \n Such a clause typically appears in a contract between \na national government and an alien. \nCalvo doctrine. Int'llaw. The rule that resident aliens \nhave the same rights to protection as citizens, but no \nmore. _ This doctrine, which sought to establish a \nminimum international standard for the treatment of \naliens, was developed by the Argentinian jurist Carlos \nCalvo in his treatise Le Droit International1heorique \net Pratique (5th ed. 1896). The doctrine was intended \nto prevent aliens from abusing their right ofdiplomatic \nprotection. Itwas rejected by many states on the ground \nthat the doctrine sought to deprive states oftheir right \nto protect their citizens in countries when the rights of the general population fell below the minimum inter\nnational standards. \ncambiale jus (kam-bee-ay-lee j<ls). [Latin \"law of \nexchange\"] The law ofcommercial exchange. \ncambiator (kam-bee-ay-tar). Hist. An exchanger, usu. of \nmoney (cambiatores monetae). \ncambist (kam-bist). [fro Latin cambiare \"to exchange\") \nA broker who trades promissory notes or bills of \nexchange. Also termed cambiator. \ncambium (kam-bee-<>m). [Law Latin \"exchange\"] Hist. \n1. An exchange of money, debt, or land. \ncambium locale. A contract of exchange in which a \nperson agrees to pay a sum of money at one location \nin consideration of money received at another \nlocation. Also termed cambium mercantile; \ncambium trajectitium. \ncambium reale. An exchange ofland. -Also termed \ncambium manuale. \n2. A mercantile contract in which the parties agree \nto exchange money for money; a bill of exchange. \nAlso termed escambium. 3. Eccles. law. An exchange \nof money that potentially allows one party to profit.  \nHistorically, most forms ofcambium were forbidden \nunder laws against usury but were gradually allowed \nas a fair recompense for trouble and risk. Cf. (in sense \n3) USURY. \ncamera (kam-<>-ra). [Latin] Chamber; room. See IN \nCAMERA. \ncamera regis (kam-<>-r<> ree-jis). [Latin \"chambers of the \nking\"] Hist. A locale that the king takes a particular \ninterest in, usu. expressed as a royal privilege benefit\ning a city. \ncamerarius (kam-<l-rair-ee-<>s). [fro Latin camera \n\"chamber\"] Hist. 1. A chamberlain or other treasurer \nin charge ofpublic money. 2. BAILIFF. \nCamera Scaccarii. See EXCHEQUER CHAMBER. \nCamera Stellata (kam-a-r<> std-Iay-td). [Law Latin] See \nSTAR CHAMBER, COURT OF. \ncampers. Hist. The share ofa lawsuit's proceeds payable \nto a champertor. See CHAMPERTY. [Cases: Champerty \nand Maintenance \ncampipartia. See CHAMPERTY. \ncampiparticeps. See CHAMPERTOR. \ncampipartitio (kam-p<l-pahr-tish-ee-oh). [Law Latin] \nSee CHAMPERTY. \nCAMs. abbr. See COMMON-AREA MAINTENANCE \nCHARGES. \ncan, vb. (bef. 12c) 1. To be able to do something <you can \nlift 500 pounds>. 2. To have permission (as often inter\npreted by courts); MAY <no appeal can be filed until the \nfiling fee is paid>. \ncancel, vb. 1. To destroy a written instrument by defacing \nor obliterating it <she canceled her will by marking \nthrough it>. 2. To terminate a promise, obligation, \n\n234 canceled check \ncanceled the contract>. [Cases: \ncanceled check. See CHECK. \ncancellaria (kan-sa-lair-ee-a). [Law Latin] See CHANCERY \n(1). -Also termed curia cancellaria. \ncancellarius (kan-sa-Iair-ee-as). [Law Latin] 1. A chan\ncellor, scrivener, or notary. 2. See LORD CHANCELLOR. \ncancellation, n. (16c) 1. The act ofdefacing or obliterat\ning a writing (as by marking lines across it) with the \nintention of rendering it void. 2. An annulment or ter\nmination ofa promise or an obligation. [Cases: Cancel\nlation ofInstruments Contracts (:::::>249.J \nflat cancellation. The cancellation of an insurance \npolicy without any charge to the insured. [Cases: \nInsurance (:::::> 1933.] \n3. An equitable remedy by which courts call in and \nannul outstanding void or rescinded instruments \nbecause they may either spawn vexatious litigation or \ncloud someone'g title to property. [Cases: Cancellation \nofInstruments 4. Trademarks. The removal ofa \ntrademark from the Principal Register . A trademark \nalready on the Principal Register can be challenged by \na person who claims to be damaged by the placement. \nFor five years after a mark is allowed, it can be canceled \nfor any reason that would have blocked allowance of \nthe application. After that time, ifthe owner files a dec\nlaration under  15, the grounds for cancellation are \nmore restricted. See INCONTESTABILITY STATUS. Cf. \nOPPOSITION. [Cases: Trademarks C--:' 1297.] -cancel, \nvb. -cancelable, adj. \ncancellation dause. A contractual provision allowing \none or both parties to annul their obligations under \ncertain conditions. Also termed termination clause. \n[Cases: Contracts 250.1 \ncancellatura. Hist. See CANCELLATION. \ncancelled check. See CHECK. \ncancelli (kan-sel-I). [Latin \"lattice, grille\"] Archaic. 1. \nLines drawn on a writing, esp. a will, indicating its \nrevocation. See CANCELLATION (1). 2. Hist. The rails or \nlatticework enclOSing the bar ofa court. \ncancerphobia claim. See FEAR-OF-CANCER CLAIM. \nC & F. abbr. COST AND FREIGHT. Also spelled CandF. \ncandidate, n. [fro Latin candidatus, \"clothed in white\"; \nfr. candidus, \"white,\" from the white toga worn by a \ncandidate for public office in ancient Rome as a symbol \nof clean government] An individual seeking nomina\ntion, election, or appointment to an office, membership, \naward, or like title or status. A candidate for election \nbecomes a \"nominee\" after being formally nominated. \nCf. NOMINEE (1). \ncandidate species. See SPECIES (1). \nCandlemas. See quarter day under DAY. \ncanfara (kan-f~-r~). [Law Latin] Hist. A trial by hot iron, \nformerly used in England. See ordeal by fire under \nORDEAL. canon (kan-~n), n. (bef. 12c) 1. A rule or principle, esp. \none accepted as fundamental. \ncanon ofconstruction. A rule used in construing legal \ninstruments, esp. contracts and statutes. Although \na few states have codified the canons of construc\ntion -examples ofwhich are contra proferentem and \nejusdem generis -most jurisdictions treat the canons "}
{"text": "construc\ntion -examples ofwhich are contra proferentem and \nejusdem generis -most jurisdictions treat the canons \nas mere customs not having the force oflaw. -Often \nshortened to canon. -Also termed rule ofconstruc\ntion; rule ofinterpretation. rCases: Contracts ~'-:::J 143; \nStatutes C-~174.] \n\"A frequent criticism of the canons [of construction], made \nforcefully by Professor Llewellyn many years ago, is that \nfor every canon one might bring to bear on a point there \nIS an equal and opposite canon. This is an exaggeration; \nbut what is true is that there is a canon to support every \npossible result.\" Richard A. Posner, The Federal Courts: \nCrisis and Reform 276 (1985). \ncanon ofdescent. (usu. pl.) A common-law rule gov\nerning intestate succession . In England, canons of \ndescent tended to concentrate landholdings in the \nhands ofa few people, an approach generally rejected \nin the United States. -Also termed canon ofinheri\ntance. [Cases: Descent and Distribution Cr'-:> 1-19.] \n\"The common-law canons of descent tended to prevent the \ndiffusion of landed property, and to promote its accumula \ntion in the hands of a few. The principles sprang from the \nmartial genius of the feudal system. In the United States \nthe English common law of descents, in its essential \nfeatures, has been rejected; each State has established \na law for itself.\" William C. Anderson, A Dictionarv of Law \n349 (1889). \n2. (usu. cap.) A maxim stating in general terms the \nstandards ofprofeSSional conduct expected oflawyers. \n The Model Code ofJudicial Conduct (1990) contains \nfive canons and hundreds of specific rules. [Cases: \nAttorney and Client (:::::>32(2); Judges 11(2).J 3. A \nrule of ecdesiasticallaw. 4. A corpus ofwritings. 5. A \nclergy member on the staff ofa cathedraL \nhonorary canon. A canon who serves without payor \nother benefits. \n6. A fixed regular payment or tribute made as a contri\nbution payable to the church. \ncanon emphyteuticus (kan-<ln em-fi-t[y]oo-ti-kas). \nfro Greek] Roman law. The annual payment that \nan emphyteuta made under a contract ofemphyteusis. \nSee EMPHYTEUSJS; EMPHYTEUTA. \ncanonical (ka-non-a-kal), adj. 1. (Of a rule or decree) \nprescribed by, in conformity with, or relating to canon \nlaw. 2. Orthodox; conforming to accepted rules or con\nventions. \ncanonical disability. See DISABILITY (3). \ncanonical impediment. See IMPEDIMENT. \ncanonical law. See CANON LAW. \ncanonical purgation. See PURGATION. \ncanonist (kan-;m-ist), n. An expert in canon law; esp., a \ncanon lawyer or professor ofecclesiastical law. \ncanon law. 1. A body of western ecdesiasticallaw that \nwas first compiled from the 12th to 14th centuries . It \n\n235 \nhas grown steadily since that time, and is now codified \nin the Codex Juris Canonici of 1983, replacing that of \n1918. Also termed corpus juris canonici; papal law; \njus canonicum. 2. A body oflaw developed within a \nparticular religious tradition. -Also termed church \nlaw; canonical law. Cf. ECCLESIASTICAL LAW. [Cases: \nReligious Societies C:=>5.] \n\"The indirect contributions of the canon law to the devel\nopment of English law were as great as, and the direct \ncontributions far greater than, those made by the civil \nlaw. Indirectly the canon lawyers gave much even to the \npurely secular law of England, because, during the early \nMiddle Ages, most of the judges or the royal courts were \necclesiastics acquainted with the chief doctrines of canon \nlaw.. , . The direct influence of the canon law in England \nresulted from its being the law which was administered \nin the courts of the Church,\" W,J,V, Windeyer, Lectures on \nLegal History 41 (2d ed. 1949). \n\"Canon law has its roots in theology, But, so far as England \nis concerned, it may be defined as so much of the law of \nEngland as is concerned with the regulation of the affairs \nof the Church of England.\" E, Garth Moore & Timothy \nBriden, Moore's Introduction to English Canon Law 9 (2d \ned. 1985). \ncanon ofconstruction. See CANON (1). \ncanon of descent. See CANON (1). \ncanon ofinheritance. See canon ofdescent under CANON \n(1). \ncant (kant). Civil law. A method of dividing commonly \nheld property by awarding it to the highest-bidding \nowner on condition that the successful bidder must buy \nout each coowner's interest. -Also termed licitation. \ncantred (kan-tred). [fr. Welsh cant \"hundred\" + tref \n\"village\"] See HUNDRED. \nCANT rule. The principle that a class action requires \ncommonality, actionability, and typical\n[Cases: Federal Civil Procedure 161.1; Parties \n35.5.] \ncanum (kay-n;:)m). [Law Latin] Hist. A duty or tribute \npayable from a tenant to a lord, usu. consisting of \nproduce from the land. \ncanvass, vb. (16c) 1. To examine in detail; scrutinize \n<that issue has been repeatedly canvassed by our state's \ncourts>. 2. To formally count ballots and report the \nreturns <canvass the votes>. \n\"When all the ballots have been collected, including those \nof the presiding officer, the secretary, and the tellers, the \nballots are canvassed by the tellers, Canvassing the ballots \nmeans more than just counting, It includes evaluating \nballots to identify those that are invalid, blank, cast for \nillegal nominees, illegible, abstaining, and the like, and \nreporting the total results to the presiding officer for his \nannouncement of the results.\" Ray E. Keesey, Modem Par\nliamentary Procedure 113 (l994). \n3. To solicit political support from voters or a voting \ndistrict; to take stock ofpublic opinion <the candidate \nis actively canvassing the Western states>. canvass, \nn. \ncap, n. (1947) An upper limit, such as a statutory limit on \nthe recovery in a tort action or on the interest a bank \ncan charge. -cap, vb. capacity \ncapacitate (b-pas-<l-tayt), vb. (17c) To qualify; to make \nlegally competent. capacitation (b-pas-<l-tay-shan), \nn. \ncapacity. (15c) 1. 'The role in which one performs an act \n<in her corporate capacity>. \nproprietary capacity. The capacity of a city or town \nwhen it engages in a business-like venture rather \nthan a governmental function, See PROPRIETARY \nFUNCTION. [Cases: Municipal Corporations C:=>57.] \nrepresentative capacity. (17c) The position of one \nstanding or acting for another, esp. through delegated \nauthority <an agent acting in a representative capacity \nfor the principal>. [Cases: Principal and Agent (;::;. \n1.) \n2. The power to create or enter into a legal relation \nunder the same circumstances in which a normal \nperson would have the power to create or enter into \nsuch a relation; specif., the satisfaction ofa legal quali\nfication, such as legal age or soundness of mind, that \ndetermines one's ability to sue or be sued, to enter into \na binding contract, and the like <she had full capacity \nto bind the corporation with her signature>. Unless \nnecessary to show the court's jurisdiction, a plaintiffs \npleadings need not assert the legal capacity ofany party. \nA party wishing to raise the issue ofcapacity must do \nso by specific negative pleading. Fed. R. Civ. P.9(a). \nAlso termed (specif.) capacity to sue; power over oneselj: \nSee STANDING. Cf. I,ACK OF CAPACITY. [Cases: Contracts \nC:=> 11,92; Federal Civil Procedure C=::> Ill; Infants \n5,6,22,46,70.] 3. The mental ability to understand the \nnature and effect ofone's acts <his acute pain reduced \nhis capacity to understand the hospital's admission \nform>. -Also termed mental capacity; sane memory. \nSee COMPETENCY. \ncriminal capacity. (1853) The mental ability that a \nperson must possess to be held accountable for a \ncrime; the ability to understand right from wrong. \nSee INSANITY; INFANCY. [Cases: Criminal Law C:=> \n46; Homicide \ndiminished capacity. (1912) An impaired mental \ncondition short ofinsanity -that is caused by \nintoxication, trauma, or disease and that prevents a \nperson from having the mental state necessary to be \nheld responsible for a crime . In some jurisdictions, \na defendant's diminished capacity can be used to \ndetermine the degree ofthe offense or the severity of \nthe punishment. Also termed diminished respon\nsibility; partial insanity; partial responsibility. Cf. \nINSANITY. [Cases: Criminal Law C:=>46; Homicide \n(;::;816.] \ndisposing capacity. See testamentary capacity, \ntestamentary capacity. (1819) The mental ability that \na person must have to prepare a valid will.  This \ncapacity is often described as the ability to recognize \nthe natural objects ofone's bounty, the nature and \nextent ofone's estate, and the fact that one is making a \nplan to dispose ofthe estate after death. Traditionally, \nthe phrase \"oflegal age and sound mind\" refers to the \n\ntestator's capacity. -Also termed disposing capacity; \ndisposing mind; sound mind. See age ofcapacity under \nAGE. [Cases: Wills (;:::J21-55.] \n4. The ability or power to do or experience some\nthing. \ndecreased capacity. A diminution in a person's physical \nability because ofan illness, injury, or impairment. \ncapacity defense. See DEFENSE (1). \ncapacity to sue. See CAPACITY (2). \ncapax doli (kay-paks doh-h). See DOLI CAPAX. \ncapax negotii (kay-paks ni-goh-shee-l), adj. [Latin \n\"capable' of entering into a transaction\") (Of a person) \nhaving capacity to enter into a contract; capable of \ntransacting business. \ncape (kay-pee). His!. [Latin \"take\"] A writ filed to recover \npossession ofland. \ncape magnum (kay-pee mag-nam). [Latin \"grand\" \ncape] A writ granting possession ofland before a \ntenant's appearance in the action. Also termed \nmagnum cape; grand cape. \ncape parvum (kay-pee pahr-vam). [Latin \"little\" \ncape] A writ for the recovery ofland issuing after the \nappearance ofthe tenant in the action. Also termed \npetit cape. \n\"Cape is a writ judicial I touching plee of land or tenements, \nso tearmed (as most writs be) of that word in itselfe, which \ncarieth the especial lest intention or end thereof. And this \nwrit is divided in (Cape magnum, & Cape parvum:) both \nwhich ... take hold of things immoveable, and seeme to \ndiffer betweene themselves in these points. First, because \n(cape magnum) or the (grand Cape) Iyeth before appear\nance, and (Cape parvum) afterward. Secondly, the (Cape \nmagnum) summoneth the tenent to aunswer to the default, \nand over to the demaundant: (Cape parvum) summoneth \nthe tenent to aunswer to the default onely: and therefore \nis called (Cape parvum) or in French English (petit Cape.)\" \nJohn Cowell. The Interpreter (1607). \ncapias (kay-pee-as or kap-ee-as). [Latin \"that you take\"] \n(15c) Any of various types of writs that require an \nofficer to take a named defendant into custody . A \ncapias is often issued when a respondent fails to appear \nor when an obligor has failed to pay child support. \nAlso termed writ ofcapias; body execution. [Cases: \nProcess \ncapias ad audiendumjudicium (ad aw-dee-en-dam \njoo-dish-ee-.->m). [Latin \"that you take to hear the \njudgment\"] In a misdemeanor case, a writ issued \nto bring the defendant to hear the judgment to be \nimposed after having failed to appear. \ncapias ad computandum (ad kom-pyoo-tan-dam). \n[Latin \"that you take for computation\"] Hist. A writ \nissued when a debtor has failed to appear and make \naccount after losing in an action of account render. \nSee ACCOUNTING (3). \ncapias adfaciendum. Hist. A writ used to enforce a \ncreditor's judgment against a debtor by authorizing \nthe debtor's arrest and imprisonment. capias ad respondendum (ad ree-spon-den-dam). \n[Latin \"that you take to answer\"] A writ command\ning the sheriff to take the defendant into custody to \nensure that the defendant will appear in court. -\nAbbr. ca. resp.; ca. re.; ca. ad reo \ncapias ad satisfaciendum (ad sat-is-fay-shee-en -dam). \n[Latin \"that you take to satisfy\"] Hist. A post judgment \nwrit commanding the sheriff to imprison the defen\ndant until the judgment is satisfied. Abbr. ca. sa. \n[Cases: Execution C:')421.] \ncapias extendifacias (ek-sten-dr fay-shee-as). [Latin \n\"take for extending\"] Hist. A writ ofexecution issued \nagainst one who is indebted to the Crown, command\ning the sheriff to arrest the debtor. \ncapias in withernam (kay-pee-as in with-.->f-nahm). \n[Law Latin \"taking again\"] A writ authoriZing the \nsheriff to seize the goods or cattle of a wrongful dis\ntrainor. -Also termed writ ofwithernam. See WITH\nERNAM. \ncapias pro fine (kay-pee-<ls proh"}
{"text": "ed writ ofwithernam. See WITH\nERNAM. \ncapias pro fine (kay-pee-<ls proh fI-nee). [Latin \"that \nyou take for the fine\"] A writ for the arrest of a person \nwho had not paid an imposed fine. Also termed \ncapiatur pro fine. [Cases: Fines \ncapias utlagatum (kay-pee-<ls at-l<l-gay-t<lm). [Latin \n\"you take the outlaw\"] A writ commanding the \narrest of an outlawed person. [Cases: Criminal Law \n~lOOO.] \ncapiendo securitatem pro duplicatione feudifirmae \n(kap-ee-en-doh si-kyuur-<l-tay-t\"m proh d[y]oo-pli\nkay-shee-oh-nee fyoo-di-far-mee). [Law Latin \"by \ntaking caution for the payment of a double ofthe feu\nduty\"] His!. In a precept for entry of an heir, a clause \nthat cautions against taking a double feu payment when \nthe investiture did not expressly provide for it. \ncapita. See PER CAPITA. \ncapital, adj. (16c) 1. Ofor relating to economic or finan\ncial capital <capital market>. 2. Punishable byexecu\ntion; involving the death penalty <a capital offense>. \n[Cases: Sentencing and Punishment \ncapital, n. (17c) 1. Money or assets invested, or avail\nable for investment, in a business. 2. The total assets \nof a business, esp. those that help generate profits. 3. \nThe total amount or value ofa corporation's stock; cor\nporate equity. See capital stock under STOCK. [Cases: \nCorporations ~61.] \nactual capital. Funds generated by the sale of stock. \nSee capital stock (1) under STOCK. \nauthorized capital. See nominal capital. \ncirculating capital. Seefloating capital. \ndebt capital. Funds raised by issuing bonds. \nequity capital. Funds provided by a company's owners \nin exchange for evidence ofownership, such as stock. \n[Cases: Corporations (;:::J60.) \nfixed capital. 1. The amount ofmoney invested in fixed \nassets, such as land and machinery. 2. Fixed assets. \n\n}loating capital. 1. Funds not allocated to a particular \nclass ofthe corporation's capital stock. 2. Funds not \npresently invested or committed; esp., money retained \nfor the purpose ofmeeting current expenditures. \nAlso termed circulating capital. \nimpaired capital. Corporate funds consisting ofassets \nthat are less than the sum of the corporation's legal \ncapital and its liabilities. \nlegal capital. An amount equal to the aggregate \"par\" \nor stated value of all outstanding shares of a corpo\nration, or, in the case of stock without par value, an \namount set by the board of directors. A minority \nof states.require this amount to remain in the cor\nporation to protect creditors. Also termed stated \ncapital. [Cases: Corporations \nmoneyed capital. Money that is invested with the intent \nofmaking a profit. \nnominal capital. The minimum value ofthe shares that \na company is authorized by its association documents \nto issue. -Also termed authorized capital. \npaid-in capital. The money paid for the capital stock of \na corporation. [Cases: Corporations e;:::, 16,60.] \nproprietary capital. Money that represents the initial \ninvestment in a sole proprietorship. \nrisk capital. 1. Money or property invested in a business \nventure, esp. one in which the investor has no mana\ngerial control. 2. See venture capital. \nstated capital. 1. See legal capital. 2. The total equity of \na corporation as it appears on the balance sheet. \nsubscribed capital. The total value of stock for which \nthere are subscriptions (contracts ofpurchase). \nventure capital. Funds invested in a new enterprise that \nhas high risk and the potential for a high return. \nAlso termed risk capital. See SEED MONEY. \nworking capital. Current assets (such as cash, inven\ntory, and accounts receivable) less current liabilities. \n Working capital measures liquidity and the ability \nto discharge short-term obligations. [Cases: Corpora\ntions C-J152.] \ncapital account. See ACCOUNT. \ncapital asset. See ASSET. \ncapital contribution. 1. Cash, property, or services \ncontributed by partners to a partnership. [Cases: Part\nnership 072, 355.] 2. Funds made available by a \nshareholder, usu. without an increase in stock holdings. \n[Cases: Corporations C::;)60.] \ncapital crime. See capital offense under OFFENSE (1). \ncapitale (kap-i-tay-Iee). [Latin \"a thing\"] Hist.l. Movable \nproperty, esp. animals (such as 100 head of cattle). \nOver time, chattel became the more common term. 2. \nA stolen thing, or its equivalent value. PI. capitalia. \ncapital expenditure. (1898) An outlay of funds to \nacquire or improve a fixed asset. Also termed capital \nimprovement; capital outlay. \ncapital expense. See EXPENSE. capital flight. The sending oflarge amounts of invest\nment money out ofa country, usu. as a result ofpanic \ncaused by political turmoil or a severe recession. \ncapital gain. (1921) The profit realized when a capital \nasset is sold or exchanged. Also termed capital gains. \nCf. ordinary gain under GAIN (3); capital loss under \nLOSS. [Cases: Internal Revenue (=>3230.1-3234.] \n\"Throughout most of the history of income taxation in \nthe U.S., a distinction has been drawn between the rate of \ntaxation on 'ordinary income' (or ordinary loss) and 'capital \ngain' (or capital loss). 'Capital gain' refers to the income \nfrom certain transactions in some assets, called capital \nassets, or from other transactions that Congress has said \nshould be taxed as capital gain.. . The most common \nform of capital gain or loss transaction is a sale of an asset \nsuch as a share of stock or a parcel of land, for cash.\" \nJohn K. McNulty, Federal Income Taxation ofIndividuals in \na Nutshell 420 (5th ed. 1995). \nlong-term capital gain. The profit realized from \nselling or exchanging a capital asset held for more \nthan a specified period, usu. one year. [Cases: Internal \nRevenue e;:::, 3260.] \nshort-term capital gain. The profit realized from selling \nor exchanging a capital asset held for less than a speci\nfied period, usu. one year. It is treated as ordinary \nincome under current federal tax law. [Cases: Internal \nRevenue (,,3260.] \ncapital-gain distribution. See capital-gain dividend \nunder DIVIDEND. \ncapital-gain dividend. See DIVIDEND. \ncapital gains. See CAPITAL GAIN. \ncapital-gains tax. See TAX. \ncapital goods. See GOODS. \ncapital impairment. The financial condition of a cor\nporation whose assets are less than the sum ofits legal \ncapital and its liabilities. \ncapital improvement. See CAPITAL EXPENDITURE. \ncapita lis (kap-i-tay-lis), adj. [Latin] 1. Roman law. (Of \na crime) punishable by death, loss of liberty, or loss of \ncitizenship. See CAPUT. 2. Hist. (Ofa person orjudicial \nproceeding) that is principal or chief. \ncapita lis, n. [Latin \"chief\"] Hist. A principal (or chief) \nperson, object, or judicial proceeding. \ncapitalis baro (kap-i-tay-lis bar-oh). [Latin \"chief \nbaron\"] Hist. The chiefbaron of the Court of Exche\nquer. See CHIEF BARON. \ncapitalis custos (kap-i-tay-lis kCls-tohs). [Latin \"chief \nguardian\"] Hist. 1. A chief warden or magistrate. 2. \nLoosely, a mayor. \ncapitalis dominus (kap-i-tay-lis dom-<'l-n<ls). [Latin \n\"chieflord\"] Hist. A tenant's immediate lord; CHIEF \nLORD. \ncapitalis justiciarius (kap-i-tay-lis j<'ls-tish-ee-air-ee-<ls). \n[Latin \"chief justiciary\"] Hist. The principal minister of \nstate who governed when the king traveled abroad . By \nthe 13th century the duties ofoffice were more judicial \nthan political. See JUSTICIARY (2). \n\n238 capitalis justiciarius ad placita coram rege tenenda \ncapitalis justiciarius ad placita coram rege tenenda \n(kap-i-tay-lis j;:Js-tish-ee-air-ee-;:Js ad plas-;:J-t;:J kor-;:Jm \nree-jee t;:J-nen-d;:J). [Latin] Hist. Chief justice for holding \npleas before the king. _ This phrase which dates from \nthe 13th century -referred to the chief justice of the \nKing's Bench. \ncapitalis justiciarius band (kap-i-tay-lis j;:Js-tish-ee-air\nee-;:Js ban-sl). [Latin] Chief justice ofthe bench. -This \nphrase which dates from the 13th century -referred \nto the chief justice of the Court ofCommon Pleas. \ncapitalis justiciarius totius Angliae (kap-i-tay-lis j;:Js\ntish-ee-air-ee-;:Js toh-shee-;:Js ang-glee-ee). [Latin] Hist. \nChief justice of all England. -This was the title of the \npresiding justice in the court of aula regis. \ncapitalism, n. (1849) An economic system that depends \non the private ownership of the means of produc\ntion and on competitive forces to determine what is \nproduced. Cf. COMMUNISM (1). capitalist, adj. & n. \ncapita lis plegius (kap-i-tay-Iis plee-jee-;:Js). [Latin \"chief \npledge\"] Hist. 1. A chief pledge or surety. 2. BORSH\nOLDER. \ncapitalis terra (kap-i-tay-lis ter-d). [Latin \"head-land\"] \nHist. A piece of land lying before, or at the head of, \nother land. \ncapitalization, n. 1. The act or process of capitalizing \nor converting something into capital. 2. The amount \nor sum resulting from this act or process. 3. The total \namount oflong-term financing used by a business, \nincluding stocks, bonds, retained earnings, and other \nfunds. 4. The total par value or stated value of the \nauthorized or outstanding stock ofa corporation. \nthin capitalization. The financial condition of a firm \nthat has a high ratio ofliabilities to capital. \nundercapitalization. The financial condition of a \nfirm that does not have enough capital to carryon its \nbusiness. [Cases: Corporations (;:~, 1.4(1).] \ncapitalization accounting method. See ACCOUNTING \nMETHOD. \ncapitalization rate. The interest rate used in calculating \nthe present value offuture periodic payments. Also \ntermed cap rate; income yield. \ncapitalization ratio. The ratio between the amount of \ncapital raised and the total capitalization of the firm. \nAlso termed capital ratio. \ncapitalize, vb. 1. To convert (earnings) into capital. 2. \nTo treat (a cost) as a capital expenditure rather than \nan ordinary and necessary expense. 3. To determine \nthe present value of (long-term income). 4. To supply \ncapital for (a business). \ncapitalized expense. See EXPENSE. \ncapital lease. See LEASE-PURCHASE AGREEMENT. \ncapital leverage. (1940) The use of borrowed funds in \na business to obtain a return greater than the interest \nrate. See LEV ERAGE. \ncapital loss. See LOSS. capital market. See MARKET. \ncapital offense. See OFFENSE (l). \ncapital outlay. (I857) 1. CAPITAL EXPENDITURE. 2. \nMoney expended in acqUiring, equipping, and pro\nmoting a business. \ncapital punishment. The sentence ofdeath for a serious \ncrime. Also termed death penalty. See DEATH \nPENALTY. \n\"At Common Law capital punishment was imposed for a \nfew very serious offences such as treason, murder, rape, \nand burning a dwelling-house. Even as late as 1688, despite \nthe exceptionally rigorous laws which had been enacted \nduring the reigns of the Tudors and Stuarts, no more than \nabout fifty offences carried the death penalty. In the eigh \nteenth century, however, their number began spectacularly \nto increase.... Broadly speaking, in the course of the \nhundred and sixty years from the Restoration to the death \nof George III. the number of capital offences had increased \nby about one hundred and ninety.\" 1 Leon Radzinowicz, A \nHistory ofEnglish Criminal Law  1, at 4 (1948). \ncapital ratio. See CAPITALIZATION RATIO. \ncapital recovery. (1942) The collection of charged-off \nbad debt that has been previously written off against \nthe allowance for doubtful accounts. \ncapital return. See RETURN. \ncapital-risk test. Securities. A method of determin\ning whether a transaction constitutes an investment \ncontract (subject to securities laws), whereby ifa sub\nstantial portion of the capital used by a franchiser to \nstart its operations is provided by a franchisee, then \nthe transaction is treated as an investment contract. \nCf. RISK-CAPITAL TEST. [Cases: Securities Regulation \n(;=>252.] \ncapital stock. See STOCK. \ncapital-stock tax. See TAX. \ncapital structure. (1923) 1be mix of debt and equity by \nwhich a business finances its operations; the relative \nproportions of short-term debt, long-term debt, and \ncapital stock. \ncapital surplus. See SURPLUs. \ncapital transaction. A purchase, sale, or exchange of a \ncapital asset. \ncapitaneus (kap-i-tay-nee-<'ls). [Law Latin \"tenant in \nchief\"] 1. Hist. A tenant in capite; one who holds title \ndirectly from the king. Also termed"}
{"text": "\nchief\"] 1. Hist. A tenant in capite; one who holds title \ndirectly from the king. Also termed cataneus. 2. \nMaritime law. A ship captain or naval commander. 3. \nA ruler or leader. \ncapitated, adj. Insurance. Ofor relating to a healthcare \nsystem that gives a medical-care provider a fixed fee per \npatient regardless ofthe treatment required. \ncapitation. 1. See poll tax under TAX. 2. A method of \npaying a healthcare provider based on the number of \nmembers in a health-benefit plan that the provider con\ntracts to treat. -The health plan's sponsor agrees to pay \na fixed amount per person each period, regardless of \nwhat services are provided. \ncapitation tax. See poll tax under TAX. \n\ncapitis aestimatio (kap-i-tis es-ti-may-shee-oh). [Latin \n\"valuing of a head\"] Hist. A monetary estimate of a \nperson's life, made to assess a penalty for the person's \nslaying. See WERGILD. \ncapitis deminutio (kap-His dem-i-n[y]oo-shee-oh). \n[Latin \"reduction ofstatus\"] Roman law. A diminution \nor alteration of a person's legal status. Also spelled \ncapitis diminutio. See DE CAPITE MINUTIS. \n\"Capitis deminutio is the destruction of the 'caput' or legal \npersonality. Capitis deminutio, so to speak, wipes out the \nformer individual and puts a new one in his place, and \nbetween the old and the new individual there is, legally \nspeaking, nothing in common. Ajuristic personality may \nbe thus destroyed in one of three ways: (1) by loss of the \nstatus libertatis. This is the capitis deminutio maxima; (2) \nby loss of the status civitatis. This is the capitis deminutio \nmedia (magna); (3) by severance from the agnatic family. \nThis entails capitis deminutio minima.\" Rudolph Sohm, The \nInstitutes: A Textbook of the History and System of Roman \nPrivate Law 178-79 Uames Crawford Ledlie trans., 3d ed. \n1907). \ncapitis deminutio maxima (kap-i-tis dem-i-n[y]oo\nshee-oh mak-si-m<}). [Latin \"maximum reduction of \nstatus\"] Roman law. The diminution ofa person's legal \nstatus as a result ofbeing reduced to slavery. \ncapitis deminutio minima (kap-i-tis dem-i-n[yJoo\nshee-oh min-i-md). [Latin \"minimal reduction of \nstatus\"] Roman law. The diminution of a person's \nlegal status involving a change of family, while both \ncitizenship and freedom were retained. \ncapitis deminutio minor (kap-i-tis dem-i-n[yJoo\nshee-oh mI-n<}r). [Latin \"minor reduction of status\"] \nRoman law. The diminution ofa person's legal status \ninvolving a loss ofcitizenship but not of freedom. \nUnder the Empire, banishment for life to an island or \nother restricted area had this effect. Also termed \ncapitis deminutio media. \ncapitula (kd-pich-d-Id). [Law Latin \"chapters\"] Hist. l. \nCollections oflaws or ordinances organized under \nvarious headings. Also termed capitulary. 2. \nChapters or assemblies ofecclesiastical persons. \ncapitula coronae (b-pich-a-Id k<}-roh-nee). [Latin \n\"chapters of the Crown\"] Hist. A more detailed \nform of the articles ofthe eyre. See ARTICLES OF THE \nEYRE. \ncapitula de judaeis (k<}-pich-d-Id dee joo-dee-is). [Latin \n\"chapters on the Jews\"] His/. 1. Laws concerning the \nJews. 2. Questions posed by the justices in eyre to \ndetermine the amount a Jew would pay to receive the \nking's protection and a license to conduct business. \n The capitula de judaeis reflected the pervasive anti\nSemitism ofmedieval England. Cf. ARTICLES OF THE \nEYRE. \ncapitula itineris (b-pich-d-l<l I-tin-d-ris). [Law Latin \n\"chapters of the eyre\"] See ARTICLES OF THE EYRE. \ncapitulary (b-pich-d-Ier-ee). [Latin \"chapter or section \n(of a codeY'll. Any orderly and systematic collection or \ncode oflaws. See CAPITULA (1), 2. Hist. A law or series \noflaws enacted by a Frankish king, esp. Charlemagne, \ndealing esp. with ecclesiastical affairs. capitulation (kd-pich-d-lay-shdn), n. (16c) 1. The act of \nsurrendering or giving in. 2. Int'llaw. An agreement \nto surrender a fortified place or a military or naval \nforce. A commander in control may generally make \nsuch an agreement for the place or force. [Cases: War \nand National Emergency (;::;:>9.) 3. Hist. An agreement \nbetween a Christian state and a non-Christian one (such \nas the Ottoman Empire) giving subjects of the former \ncertain privileges in the territory of the latter. 4. Hist. \nInternational law. A special, usu. nonreciprocal, right \nestablished by a treaty through which one nation could \nexercise jurisdiction over its citizens and their property \nwithin the territory ofanother nation . Capitulations \nwere a common feature of trade treaties in particular \nbecause merchants often accumulated wealth in foreign \nnations. Capitulations became disfavored before World \nWar I and were gradually abolished during the 20th \ncentury. -capitulate, vb. capitulatory, adj. \nCAPJ. abbr. See chief administrative patent judge under \nJUDGE. \ncapper. L One who solicits business for an attorney. \nSee BARRATRY (1); RUNNER (2). 2. Slang. A person who \nacts as a lure for others (as in a gambling or confidence \ngame). -Also termed (in sense 2) stool pigeon. \ncap rate. See CAPITALIZATION RATE. \ncaprice (k;}-prees), n. 1. Arbitrary or unfounded motiva\ntion. 2. The disposition to change one's mind impul\nsively. \ncapricious (kd-prish-dS), adj. (17c) 1. (Of a person) char\nacterized by or gUided by unpredictable or impulsive \nbehavior. 2. (Of a decree) contrary to the evidence or \nestablished rules oflaw. Cf. ARBITRARY. \nCAPTA. abbr. CHILD ABUSE PREVENTION AND TREAT\nMENTACT. \ncaptain-of-the-ship doctrine. In medical-malpractice \nlaw, the doctrine imposing liability on a surgeon for \nthe actions of assistants who are under the surgeon's \ncontrol but who are employees of the hospital, not the \nsurgeon. [Cases: Health (;::;:>787.] \ncaptain's mast. See MAST (1). \ncaptation (kap-tay-sh;}n). Civil law. Coercion ofa testator \nresulting in the substitution ofanother person's desires \nfor those ofthe testator . The term formerly applied to \nthe first stage of a trance. Cf. UNDUE INFLU\nENCE. [Cases: Wills \ncaptator (kap-tay-tdr). Civil law. A person who obtains \nor tries to obtain a gift or legacy through artifice. See \nUNDUE INFLUENCE. \ncaptio (kap-shee-oh). Hist. 1. An arrest ofa person, or a \nseizure of a thing. 2. The holding of court. \ncaption_ (17c) L The introductory part of a court paper \nstating the names ofthe parties, the name ofthe court, \nthe docket or file number, and a description of the \npaper. Fed. R. Civ. P. lO(a). Cf. STYLE (1). [Cases: Federal \nCivil Procedure Pleading (;::;:>4,43-46.]2. The \narrest or seizure a person by legal process. 3. See \nHEADING. \n\ncaptive, n. 1. A person who is unlawfully seized and \nheld by another. Cf. PRISONER. 2. PRISONER OF WAR. \n3. An animal, esp. a wild one, that is caught and kept \nconfined. \ncaptive-audience doctrine. 1. Constitutional law. The \nprinciple that when the listener cannot, as a practical \nmatter, escape from intrusive speech, the speech can \nbe restricted. [Cases; Constitutional Law ~1502.] \n2. Labor law. The rule that prohibits either party to a \nunion election from making a speech on company time \nto a mass assembly ofemployees within 24 hours ofan \nelection. -Also termed captive-audience rule. \ncaptive insurance. See INSURANCE. \ncaptive insurance company. See INSURANCE COM\nPANY. \ncaptive insurer. See captive insurance company under \nINSURANCE COMPANY. \ncaptive law firm. See LAW FIRM. \ncapture. See RULE OF CAPTURE. \ncapture-and-hold rule. Oil & gas. For royalty-calcula\ntion purposes, the doctrine that \"production\" occurs \nwhen oil or gas is pumped to the surface and stored, \nwhether at the wellhead or elsewhere on the leased \nproperty. Cf. MARKETABLE-PRODUCT RULE. [Cases: \nMines and Minerals ~79.1(1).] \ncaput (kap-~t), n. [Latin \"head\"] 1. Hist. A head, chief, \nor principal person. 2. Roman law. A person. 3. Roman \nlaw. A person's condition or status. \n\"A 'natural,' as opposed to an 'artificial,' person is such \na human being as is regarded by the law as capable of \nrights or duties: in the language of Roman law as having a \n'status.' , , , Besides possessing this general legal capacity, \nor status, a man may also possess various special capaci\nties, such as the 'tria capita' of liberty, citizenship, and \nfamily rights, A slave having, as such, neither rights nor \nliabilities, had in Roman law, strictly speaking, no 'status,' \n'caput,' or 'persona.' ... It must however be remembered \nthat the terms 'persona' and 'caput' were also used in \npopular language as nearly equivalent to 'homo,' and in \nthis sense were applied to slaves as well as to freemen.\" \nThomas E, Holland, The Elements ofJurisprudence 80-81 \n(4th ed. 1888), \ncaput comitatus (kap-~t kom-~-tay-t~s), [Latin \"head of \nthe county\"] Hist. The head ofa county; a sheriff. \ncaput gerat lupinum (kap-;:)t jeer-;:)t 100-pI-n~m). [Latin \n\"let him bear the head of a wolf\"] Hist. An outlawed \nfelon considered a pariah a lone wolf open to \nattack by anyone. See OUTLAWRY. \n\"He who breaks the law has gone to war with the commu\nnity; the community goes to war with him. It is the right \nand duty of every man to pursue him, to ravage his land, \nto burn his house, to hunt him down like a wild beast and \nslay him; for a wild beast he is; not merely is he a 'friend\nless man,' he is a wolf. , , . Caput gerat lupinum, , in these \nwords the court decreed outlawry,\" 2 Frederick Pollock & \nFrederic W, Maitland, The History ofEnglish Law Before the \nTime ofEdward 1449 (2d ed, 1899), \ncaput mortuum. Archaic. A matter or thing that is void \nas to all persons and for all purposes. \ncarcanum (kahr-kay-n;:)m). \"iron collar, pillory\"] \nHist. A prison or workhouse. carcelage (kahr-s~-lij). [fro Latin carcer \"prison\"] Hist. \nPrison fees. \ncareer (kahr-s~r), n. [Latin \"jail, prison\"] Hist. A prison \nor jail, esp. one used to detain rather than punish . \nCareer, as used in English law and Roman law, usu, \nreferred to a jail used as a place ofdetention during trial \nor after sentence pending execution, rather than as a \nplace of punishment. The modern term incarceration \nderives from this word. \ncardinal-change doctrine. Contracts. The principle \nthat if the government makes a fundamental, unilat\neral change to a contract beyond the scope ofwhat was \noriginally contemplated, the other party (usu. a con\ntractor) will be released from the obligation to continue \nwork under the contract.  A contractor's allegation \nof cardinal change is essentially an assertion that the \ngovernment has breached the contract. [Cases: United \nStates (;.-=>73(17).] \ncardo controversiae (kahr-doh kon-tr~-var-shee-ee). \n[Law Latin] Hist. The hinge ofthe controversy; the main \npoint ofa controversy. \nca. reo See capias ad respondendum under CAPIAS. \ncare, n, (bef. 12c) 1. Serious attention; heed <written with \ncare>. 2. Under the law of negligence or ofobligations, \nthe conduct demanded ofa person in a given situation, \n Typically, this involves a person's giving attention \nboth to possible dangers, mistakes, and pitfalls and to \nways ofminimizing those risks <standard ofcare>. See \nDEGREE OF CARE; REASONABLE PERSON. [Cases: Neg\nligence (::;:::'230,] \nadequate care. See reasonable care. \ndue care. See reasonable care. \nextraordinary care. See great care. \ngreat care. (lSc) 1. The degree of care that a prudent \nperson eXercises in dealing with very important \npersonal affairs. 2. The degree of care exercised in \na given situation by someone in the business or pro\nfession ofdealing with the situation. Also termed \nextraordinary care; high degree ofcare; utmost care. \nhigh degree ofcare. See great care. \nhighest degree ofcare. l. The degree of care exercised \ncommensurate with the danger involved. [Cases: \nNegligence <:=230.] 2. See great care. \nordinary care. See reasonable care, \nproper care. See reasonable care. \nreasonable care. (17c) As a test of liability for negli\ngence, the degree of care that a prudent and com"}
{"text": "\nreasonable care. (17c) As a test of liability for negli\ngence, the degree of care that a prudent and com\npetent person engaged in the same line of business \nor endeavor would exercise under similar circum\nstances. -Also termed due care; ordinary care; \nadequate care; proper care. See REASONABLE PERSON. \n[Cases: Negligence ~233.] \nslight care. (17c) The degree of care a person gives to \nmatters ofminor importance; the degree ofcare given \nby a person oflimited accountability. \nutmost care. See great care. \n\n241 \n3. Family law. The provision ofphysical or psychologi\ncal comfort to another. esp. an ailing spouse, child, or \nparent. \ncareer criminal. See RECIDIVIST. \ncareer offender. See OFFENDER. \ncareer vice-consul. See VICE-CONSUL. \ncaregiver. Family law. A person, usu. not a parent, who has \nand exercises custodial responsibility for a child or for \nan elderly or disabled person. Also termed caretaker; \ncustodian. See RESIDENTIAL RESPONSIBILITY. [Cases: \nChild Custody ~44;Parent and Child C-~15.] \ncareless, adj. (bef. 12c) 1. (Of a person) not exercising \nreasonable care. 2. (Ofan action or behavior) engaged \nin without reasonable care. Cf. RECKLESS. \ncarelessness, n. (bef. 12c) 1. The fact, condition, or \ninstance ofa person's either not having done what he \nor she ought to have done, or having done what he or \nshe ought not to have done; heedless inattention. 2. A \nperson's general disposition not to do something that \nought to be done. \n\"The word 'carelessness' as a synonym for negligence can \nbe committed by those who care deeply. A man may take \nall the care of which he is capable, and yet be accounted \nnegligent for failing to reach the objective standard. He \nmay honestly ... believe that the facts are such that he is \nnot imperilling anyone; but he may be held to have been \nnegligent in arriving at that belief. An incompetent driver \nmay be convicted of driving 'without due care and atten\ntion' even though he was doing his level best. The careless \nperson is the person who does not take the care he ought \nto take: never mind whether he felt careful. He can be held \nto be negligent in making a perfectly honest mistake.\" Glan\nville Williams, Textbook ofCriminal Law 44-45 (1978). \nca. resp. See capias ad respondendum under CAPIAS. \ncaretaker. See CAREGIVER. \ncaretaking functions. Family law. A parent's or care\ngiver's task that either involves interaction with a child \nor directs others' interaction with a child . Some care\ntaking functions include feeding and bathing a child, \nguiding the child in language and motor-skills devel\nopment, caring for a sick child, disciplining the child, \nbeing involved in the child's educational development, \nand giving the child moral instruction and guidance. \nPrinciples ofthe Law ofFamily Dissolution: Analysis \nand Recommendations  2.03 (ALI, Tentative Draft No. \n3, pt. I, 1998). Cf. PARENTING FUNCTIONS. \ncargo. Goods transported by a vessel, airplane, or vehicle; \nFREIGHT (1). \ngeneral cargo. Goods and materials ofvarious types \ntransported by carriers, often in a common load, with \nfew or no restrictions. \nhazardous cargo. Dangerous goods or materials whose \ncarriage is usu. subject to stringent regulatory and \nstatutory restrictions. \ncargo insurance. See INSURANCE. \ncarjacking. The forcible theft ofa vehicle from a motorist; \nthe unlawful commandeering of an automobile. 18 \nUSCA  2119. Robbery ~1.] -carjack, vb. carriage paid to \ncarnal abuse. See sexual abuse (1) under ABUSE. \ncarnaHs copula. See SEXUAL RELATIONS (1). \ncarnal knowledge. (15c) Archaic. Sexual intercourse, esp. \nwith an underage female. Sometimes shortened to \nknowledge. [Cases: Incest Rape ~7.] \n\"The ancient term for the act itself was 'carnal knowl\nedge' and this is found in some of the recent cases and \nstatutes. The phrase 'sexual intercourse,' more common \ntoday apart from legal literature, is also found in recent \ncases and statutes. Either term, when the reference is to \nrape, is sometimes coupled with the word 'ravish.' And \nunlawful intercourse with a girl under the age of consent \nis often characterized as 'carnal knowledge and abuse.'\" \nRollin M. Perkins & Ronald N. Boyce, Criminal Law 201 (3d \ned.1982). \ncarnet (kahr-nay). A customs document allowing an \nitem (esp. an automobile) to be exported temporarily \nfrom one country into another country. \ncarriage. Transport offreight or passengers. \ncarriage and insurance paid to. A mercantile-contract \nterm allocating the rights and duties ofthe buyer and \nthe seller of goods with respect to delivery, payment, \nand risk ofloss, whereby the seller must (1) clear the \ngoods for export, (2) pr~cure and pay for insurance \nagainst the buyer's risk of damage while the goods are \nin carriage, (3) deliver the goods to the buyer's chosen \ncarrier, and (4) bear the costs of carriage (apart from \nimport duties) to the named destination . When the \ngoods are delivered to the carrier, the seller's delivery \nis complete; the risk ofloss then passes to the buyer. \nAny mode of transportation can be used to carry the \ngoods. Abbr. CIP. Cf. CARRIAGE PAID TO. \nCarriage ofGoods by Sea Act.lHaritime law. A 1936 \nfederal statute regulating a carrier's liability for the loss \nor damage, and sometimes the delay, of ocean cargo \nshipped under a bill oflading. 46 USCA  1300-15. \n The Act defines many ofthe rights and responsibili\nties ofboth the issuers and the holders ofocean bills of \nlading. Abbr. COGSA. [Cases: Shipping 103.] \n\"The Carriage of Goods by Sea Act (COGSA), the domestic \nenactment of the international convention popularly \nknown as the Hague Rules, allocates the risk of loss for \ncargo damage that occurs during ocean transportation \nto or from the United States under contracts evidenced \nby bills of lading and similar documents of title. It is the \ncentral statute in commercial admiralty, governing over \n$200 billion worth of American foreign commerce annually. \nThe other major maritime countries of the world have also \nadopted the Hague Rules to govern their international \nocean commerce.\" Michael F. Sturley, The Fair Opportunity \nRequirement Under COGSA Section 4(S): A Case Study in the \nMisinterpretation ofthe Carriage ofGoods by Sea Act, 19 J. \nMar. L. & Com. 1, 1-2 (1988). \ncarriage paid to. A mercantile-contract term allocat\ning the rights and duties of the buyer and the seller \nof goods with respect to delivery, payment, and risk \nofloss, whereby the seller must (1) clear the goods for \nexport, (2) deliver them to the buyer's chosen carrier, \nand (3) pay the costs of carriage (apart from import \nduties) to the named destination . When the goods are \ndelivered to the carrier, the seller's delivery is complete; \nthe risk of loss then passes to the buyer. Any mode of \n\n242 carried interest \ntransportation can be used to carry the goods. -Abbr. \nCPT. Cf. CARRIAGE AND INSURANCE PAID TO. \ncarried interest. See INTEREST (2). \ncarrier. 1. An individual or organization (such as a ship\nowner, a railroad, or an airline) that contracts to trans\nport passengers or goods for a fee. Cf. SHIPPER. [Cases: \nCarriers (::=>3, 235.] \ncommon carrier. (15c) A commercial enterprise that \nholds itself out to the public as offering to transport \nfreight or passengers for a fee. A common carrier \nis generally required by law to transport freight or \npassengers or freight, without refusal, ifthe approved \nfare or charge is paid. -Also termed public carrier. \n[Cases: Carriers (::=>4.] \n\"[AJ 'common carrier' is bound to take all goods of the kind \nwhich he usually carries, unless his conveyance is full, or \nthe goods be specially dangerous; but may charge differ \nent rates to different customers.\" Thomas E. Holland, The \nElements ofJurisprudence 299 (l3th ed. 1924). \nmarine carrier. A carrier operating on navigable waters \nsubject to the jurisdiction of the United States. \nnon-vessel-operating common carrier. Maritime law. \nA freight forwarder that does not own the means of \ntransportation, but that contracts with a shipper to \ntransport freight, and with a carrier to perform the \ntransportation . The non-vessel-operating common \ncarrier becomes the carrier in the contract with the \noriginal shipper, and the shipper in the contract with \nthe eventual carrier. See FREIGHT FORWARDER. -\nAbbr. NVOCC. [Cases: Shipping (::=> 112.] \nprivate carrier. (18c) Any carrier that is not a common \ncarrier by law . A private carrier is not bound to \naccept business from the general public. -Also \ntermed contract carrier. [Cases: Automobiles (::=>76; \nCarriers (::=>3.] \n2. INSURER. \ncarrier's lien. See LIEN. \nCarroll doctrine. The principle that a broadcast licensee \nhas standing to contest any grant of a competitive \nlicense by the Federal Communications Commission \nbecause the grant could lead to a diminution in broad\ncast service by causing economic injury to an existing \nlicensee. Carroll Broadcasting Co. v. FCC, 258 F.2d \n440 (D.C. Cir. 1958). [Cases: Telecommunications (::=>\nmo.] \ncarry, vb. 1. To sustain the weight or burden of; to hold \nor bear <more weight than a single person can carry>. \n2. To conveyor transport <carrying the coal from one \nstate to another>. 3. To possess and convey (a firearm) \nin a vehicle, including the locked glove compartment \nor trunk ofa car <he carried the guns in his trunk> . \nThe United States Supreme Court adopted this defini\ntion in interpreting the phrase carries a firearm as used \nin a statute imposing a mandatory prison term on a \nperson who uses or carries a firearm while commit\nting a drug-trafficking crime. Muscarello v. U.S., 524 \nU.S. 125, 118 S.Ct. 1911 (1998). [Cases: Wills (::=>6.] 4. \nIn a figurative sense, to possess or hold (insurance, etc.) <the decedent did not carry life insurance>. 5. Parlia\nmentary law. To adopt . In this sense, the verb may \nbe either intransitive <the motion carries> or transi\ntive (in a passive construction) <the motion is carried>. \nSee ADOPTION (5). 6. To provide funds or credit for \nthe payment of (stock, etc.), often as an advance, for \nan agreed-on period <the investor carried the stock \npurchases for eight months>. 7. To absorb the cost of \nholding or having, usu. temporarily <the business will \ncarry the debt for another quarter>. \ncarry away, vb. To take or move (stolen property, etc.). \n The traditional count for larceny was that the defen\ndant \"did steal, take, and carry away\" the property. \nA \"carrying away\" can be a slight movement of the \nproperty. See ASPORTATION. [Cases: Larceny (::=> 17; \nRobbery (::=> 10.] \ncarryback. (1942) Tax. An income-tax deduction (esp. \nfor a net operating loss) that cannot be taken entirely \nin a given period but may be taken in an earlier period \n(usu. the previous three years). -Also termed loss \ncarryback; tax-loss carryback. Cf. CARRYOVER. [Cases: \nInternal Revenue (::=> 3438; Taxation (::=>3515.] \ncarryforward. See CARRYOVER. \ncarrying away. See ASPORTATION. \ncarrying back the date of invention. See ANTEDATING \nOF A PRIOR-ART REFERENCE. \ncarrying charge. 1. A cost, in addition to interest, paid to \na creditor for carrying installment credit. 2. Expenses \nincident to property ownership, such as taxes and \nupkeep. \ncarrying cost. See COST (1). \ncarrying value. See BOOK VALUE (1). \ncarryover. (1925) Tax. An income-tax deduction (esp. for \na net operating loss) that cannot be taken entirely in a \ngiven period but may be taken in a later period (usu. the \nnext five years). -Also termed loss carryover; tax-loss \ncarryover; carryforward; loss carryforward; tax-loss car\nryforward. Cf. CARRYBACK. [Cases: Internal Revenue \n(::=>3438,3439; Taxation (::=>3515.] \ncarryover basis. See BASIS. \ncarta (kahr-t<}). [Latin] Rist. A charter, deed, or other \nwritten instrument. \nCarta de Foresta. See CHARTA DE FORESTA. \nCarta Forestae. See CHARTA DE FORESTA. \nCarta Mercatoria (kahr-t<} m<}r-b-tor-ee-<}). Rist. \nAn English statute (enacted in 1303) establishing \nvarious rules that favored certain foreign merchants. \n In exchange for paying customs duties, merchants \nreceived extensive trading rights throughout England, \nthe power to export their merchandise, the liberty to \ndwell where they pleased, and certain legal rights. \nAlso termed Statutum de Nova Custuma. \ncartbote. See plowbote under BOTE (1). \ncarte blanche (kahrt blahnsh). [French \"blank card\"] \n1. A signed, blank instrument that is filled out at \n\nan agent's discretion. 2. Full discretionary power; \nunlimited authority. \ncartel (kahr-tel), n. (17c) 1."}
{"text": "discretionary power; \nunlimited authority. \ncartel (kahr-tel), n. (17c) 1. A combination of produc\ners or sellers that join together to control a product's \nproduction or price. 2. An association offirms with \ncommon interests, seeking to prevent extreme or \nunfair competition, allocate markets, or share knowl\nedge. [Cases: Antitrust and Trade Regulation \n3. Int'llaw. An agreement between belligerents about \nthe means ofconducting whatever relations they allow \nduring wartime; esp., such an agreement regarding \nthe exchange of prisoners. Also spelled chartel. \ncartelize (kahr-td-lIz or kahr-tel-Iz), vb. \ncar trust certificate. See EQUIPMENT TRUST CERTIFI\nCATE. \ncartulary (kahr-tyoo-Iair-ee), n. A collection oflegal \ndocuments, esp. charters and title deeds to property. \ncarucage (kar-a-kij). [Law Latin] Rist. A tax imposed \neither on a carucate or on the plows used on the land. \nAlso termed carvage. \ncarucate (kar-a-kayt). [Law Latin] Rist. A measure of \nland for assessment purposes, varying locally from 96 \nto 144 acres. This amount was thought to be as much \nland as one plow with eight oxen could plow in a year. \nA carucate was used to assess taxes. Also termed \ncarucata; carve; plowland. Cf. HIDE (1); OXGANG. \ncarvage. See CARUCAGE. \ncarve (karv), n. See CARUCATE. \ncarve out, vb. 1. To create an explicit exception to a broad \nrule. 2. Tax. To separate from property the income \nderived from the property. \ncarveout, n. (1966) 1. An explicit exception to a broad \nrule. 2. Tax. For tax purposes, the separation from \nproperty of the income derived from the property. \nca. sa. See capias ad satisfaciendum under CAPIAS. \n. CASA. abbr. 1. COURT-APPOINTED SPECIAL ADVOCATE. \n2. COURT APPOINTED SPECIAL ADVOCATES. \ncasata (ka-say-ta). Rist. A house with enough land to \nsupport one family. \ncasatus (ka-zay-tas). Rist. A vassal or feudal tenant pos\nsessing a casata. \nCASA volunteer. Family law. A specially screened and \ntrained child-welfare volunteer appointed by the court \nto conduct an independent investigation of both the \nstate agency and the family and to submit a report with \nfindings and recommendations . In some jurisdic\ntions such volunteers are provided for statutorily. They \nsometimes act as guardians ad litem. The CASA vol\nunteer usu. (1) provides independent assessment ofthe \nchild's needs, (2) acts as an advocate for the child, and \n(3) monitors agency decision-making and court pro\nceedings. See COURT APPOINTED SPECIAL ADVOCATES. \n[Cases: Infants C=>205, 208.] \ncase. (13c) 1. A civil or criminal proceeding, action, suit, \nor controversy at law or in equity <the parties settled \nthe case>. active case. (1949) A case that is still pending. \ncase agreed on. See case stated (1). \ncase at bar. (16c) A case under the immediate consid\neration of the court. Also termed case at bench; \ninstant case; present case. See BAR (3). \ncase at bench. See case at bar. \ncase made. See case reserved (1). \ncase offirst impression. (1806) A case that presents \nthe court with an issue oflaw that has not previously \nbeen decided by any controlling legal authority in that \njurisdiction. \ncase reserved. (18c) 1. A written statement of the facts \nproved at trial and drawn up and stipulated to by the \nparties, so that certain legal issues can be decided by \nan appellate court. Also termed case made; special \ncase. 2. Rist. An agreement between litigants to \nsubmit the case to a judge rather than to a jury. \n\"It should have come as no surprise ... that in most cases \n'merchants were not fond of juries: For one of the leading \nmeasures of the growing alliance between bench and bar \non the one hand and commercial interests on the other is \nthe swiftness with which the power of the jury is curtailed \nafter 1790... [Djuring the last years of the eighteenth \ncentury American lawyers vastly expanded the 'special \ncase' or 'case reserved; a device designed to submit points \nof law to the judges while avoiding the effective interven\ntion of ajury. In England, Lord Mansfield had used a similar \nprocedure to bring about an alliance between common \nlawyers and mercantile interests.\" Morton J. Horwitz, \nThe Transformation ofAmerican Law, 1780-1860141-42 \n(1977). \ncase stated. (17c) 1. A formal written statement of the \nfacts in a case, submitted to the court jointly by the \nparties so that a decision may be rendered without \ntrial. -Also termed case agreed on. [Cases: Trial \nC=>368.] 2. Rist. A procedure used by the Court of \nChancery to refer difficult legal questions to a com\nmon-law court . This procedure was abolished in \n1852. 3. English law. An appeal from a Magistrates' \nCourt to the Divisional Court ofQueen's Bench on a \npoint of criminal law . After ruling, the magistrate \nstates the facts for the appeal and the Queen's Bench \nrules on the question of law presented by the magis\ntrate's ruling. \ncongressional-reference case. A request by Congress for \nthe United States Court ofClaims to give an advisory \nopinion on the merits ofa non pension claim against \nthe United States. See 28 USCA  l492, 2509. \ninactive case. (1981) A pending case that is not pro\nceeding toward resolution . This may occur for \nseveral reasons, such as non service, want of prose\ncution, or (in a criminal case) the defendant's having \nabsconded. \ninstant case. See case at bar. \npresent case. See case at bar. \nreference case. Canadian law. An advisory opinion \nissued by the Supreme Court of Canada at the request \nof the executive or legislative branch of the federal \ngovernment.  A reference is exceptional because \n\nthe opinion interprets, and often resolves, a dispute \neven though no case or controversy is presented to \nthe court. See, e.g., Reference re Secession ofQuebec, \n[1998] 2 S.C.R. 217. \nspecial case. See case reserved (1). \ntest case. (1894) 1. A lawsuit brought to establish an \nimportant legal principle or right. Such an action \nis frequently brought by the parties' mutual consent \non agreed facts -when that is so, a test case is also \nsometimes termed amicable action or amicable suit. \n\"The suit is spoken of, in the affidavits filed in support of \nit, as an amicable action, and the proceeding defended on \nthat ground. But an amicable action, in the sense in which \nthese words are used in courts of justice, presupposes \nthat there is a real dispute between the parties concern \ning some matter of right. And in a case of that kind it \nsometimes happens, that, for the purpose of obtaining \na decision of the controversy, without incurring needless \nexpense and trouble, they agree to conduct the suit in an \namicable manner, that is to say, that they will not embar \nrass each other with unnecessary forms or technicalities, \nand will mutually admit facts which they know to be true, \nand without requiring proof, and will bring the point in \ndispute before the court for decision, without subjecting \neach other to unnecessary expense or delay. But there must \nbe an actual controversy, and adverse interests. The amity \nconsists in the manner in which it is brought to issue before \nthe court. And such amicable actions, so far from being \nobjects of censure, are always approved and encouraged, \nbecause they facilitate greatly the administration ofjustice \nbetween the parties. The objection in the case before us is, \nnot that the proceedings were amicable, but that there is \nno real conflict of interest between them; that the plaintiff \nand defendant have the same interest, and that interest \nadverse and in conflict with the interest of third persons, \nwhose rights would be seriously affected if the question \nof law was decided in the manner that both of the parties \nto this suit desire it to be.\" Lord v. Veazie, 49 U.S. 251, 255 \n(1850) (Taney, c.n \n2. An action selected from several suits that are \nbased on the same facts and evidence, raise the same \nquestion of law, and have a common plaintiff or a \ncommon defendant. Sometimes, when all parties \nagree, the court orders a consolidation and all parties \nare bound by the decision in the test case. -Also \ntermed test action. \n2. A criminal investigation <the Manson case>. 3. An \nindividual suspect or convict in relation to any aspect \nof the criminal-justice system <the probation officer \nsaid he considers Mr. Jones a difficult case>. 4. An \nargument <the debater made a compelling case for gun \ncontrol>. 5. An instance, occurrence, or situation <a \ncase of mistaken identity> <a terminal case ofcancer>. \n6. See trespass on the case under TRESPASS <the actions \nof trover and case are not entirely defunct>. \ncase abstract. See CASE NOTE. \ncase agreed on. See case stated (1) under CASE. \ncasebook. (18c) A compilation ofextracts from instruc\ntive cases on a particular subject, usu. with commentary \nand questions about the cases, designed as a teaching \naid. See SOCRATIC METHOD. Cf. HORNBOOK. \ncasebook method. (1915) An inductive system of \nteaching law in which students study specific cases to learn general legal principles . Professor Christo\npher C. Langdell introduced the technique at Harvard \nLaw School in 1869. The casebook method is now the \nmost widely used form of instruction in American \nlaw schools. -Also termed case method; case system; \nLangdell method. Cf. SOCRATIC METHOD; HORNBOOK \nMETHOD. \ncase brief. See CASE NOTE. \ncase evaluation. 1. Assessment ofa case's strengths and \nweaknesses, along with the cost of litigation and the \namount ofpotential liability or recovery, typically done \nto decide whether to accept a case or to advise a client \nor potential client about how to proceed. 2. MEDIATION \n(1). \ncaseflow. (1957) 1. The movement of cases through \nthe judicial system, from the initial filing to the final \nappeal. 2. An analysis of that movement. \ncase-in-chief. (1853) 1. The evidence presented at trial \nby a party between the time the party calls the first \nwitness and the time the party rests. 2. The part of a \ntrial in which a party presents evidence to support the \nclaim or defense. Cf. REBUTTAL (1), (2). \ncaselaw. (1861) The law to be found in the collection of \nreported cases that form all or part of the body of law \nwithin a given jurisdiction. -Also written case law; \ncase-law. -Also termed decisional law; adjudicative \nlaw; jurisprudence; organic law. \n\"Case law in some form and to some extent is found \nwherever there is law. A mere series of decisions of individ \nual cases does not of course in itself constitute a system of \nlaw. But in any judicial system rules of law arise sooner or \nlater out of the solution of practical problems, whether or \nnot such formulations are desired, intended or consciously \nrecognized. These generalizations contained in, or built \nupon, past decisions, when taken as normative for future \ndisputes, create a legal system.\" Karl N. Llewellyn, \"Case \nLaw\" in 3 Encv. Soc. Sci. 249 (1930). \ncase lawyer. An attorney whose knowledge is largely \nconfined to a specific field ofexpertise. \n\"A working lawyer cannot expect to keep abreast of all this \noutput of ideas, but he can at least study some portion so \nas to liberalize his views of law and to avoid the reproach \nof being a mere case lawyer.\" Lord Wright, The Study of \nLaw, 54 Law Q. Rev. 185, 185 (1938). \ncaseload. (1938) The volume ofcases assigned to a given \ncourt, agency, officer, judge, law firm, or lawyer. \ncase made. See case reserved (1) under CASE. \ncase-management order. A court order designed to \ncontrol the procedure in a case on the court's docket, \nesp. by limiting pretrial discovery. -Abbr. CMO. \n[Cases: Federal Civil Procedure (';:::J 1935; Pretrial Pro\ncedure (';:::J747.] \ncase method. See CASEBOOK METHOD. \ncase note. A short statement summarizing a case, esp. the \nrelevant facts, the issues, the holding, and the court's \nreasoning. -Sometimes written casenote. -Also \ntermed brief, case brief; case statement; case abstract. \ncase number. The number assigned to a lawsuit when \nit is filed with the clerk of the court. Each case has \n\n245 \na distinct number that distinguishes it from all other \nsuits filed within the jurisdiction. \ncase offirst impression. See CASE. \ncase-or-controversy requirement. (1937) The consti\ntutional requirement that, for a federal court to hear a \ncase, the case must involve an actual dispute. See CON\n'I'ROVERSY (3); advisory opinion under OPINION (1). \n[Cases: Federal Courts ~~12.] \n'The courts of the United States do not sit to decide ques\ntions of law presented in a vacuum, but only such questions \nas arise in a 'case or controversy.' The two terms can be \nused interchangeably, for, we are authoritatively told, a \n'controversy,' if distinguishable at all from a 'case,' is distin\nguishable only in that it is a less comprehensive term, and \nincludes only suits of a civil nature.\" Charles Alan Wright, \nThe Law of Federal Courts 60 (5th ed. 1994). \ncase plan. A written procedure for the care and man\nagement of a child who has been removed from his or \nher home and placed in foster care or in an institution. \n The case plan includes (1) a description of the place \nwhere the child has been placed, (2) a plan for provid\ning the child with safe and proper care, and ("}
{"text": "of the place \nwhere the child has been placed, (2) a plan for provid\ning the child with safe and proper care, and (3) a plan \nfor services that will be provided to the child's parents. \nEach state must have a case-review system formulated \nto ensure that the child is placed in the least restrictive \nand most appropriate place and that the plan is in the \nbest interests of the child; the plan must be reviewed \nevery six months. See ADOPTION AND SAFE FAMILIES \nACT. [Cases: Infants \ncase reserved. See CASE. \ncase stated. See CASE. \ncase statement. See CASE NOTE. \ncase system. See CASEBOOK METHOD. \ncase-within-a-case rule. Torts. lhe requirement that a \nlegal-malpractice- action plaintiff show that, but for \nthe attorney's negligence, the plaintiff would have won \nthe case underlying the malpractice action. [Cases: \nAttorney and Client (;=>112.] \ncas fortuit (kah for-twee). [French \"fortuitous case\"] \nInsurance. A unforeseeable event; an inevitable \naccident; FORTUITOUS EVENT. \ncash, n. (16c) 1. Money or its equivalent. 2. Currency \nor coins, negotiable checks, and balances in bank \naccounts. -cash, vb. \npetty cash. Currency kept on hand for incidental \nexpenditures. \ncash-against-documents sale. See documentary sale \nunder SALE. \ncash-and-carry clause. Int'llaw. A regulation that, \nbefore U.S. involvement in World War II, allowed bel\nligerent countries to pay cash for goods whose export \nwas prohibited. Formally, this regulation was entirely \nneutral, but in practice it favored Great Britain. \ncash bail. See BAIL (1). \ncash-basis accounting method. See ACCOUNTING \nMETHOD. cashier \ncash book. An account book of all cash received and paid \nout by a business. \ncash budget. A period-by-period schedule of a business's \nopening cash on hand, estimated cash receipts, cash \ndisbursements, and cash balance . A cash budget is \nused to project a business's cash receipts and disburse\nments over some future period. \ncash collateral. See COLLATERAL. \ncash cycle. The time it takes for cash to flow into and out \nof a business, such as the time between the purchase \nof raw materials for manufacture and the sale of the \nfinished product. \ncash discount. See DISCOUNT. \ncash dividend. See DIVIDEND. \ncash equivalent. A short-term security that is liquid \nenough to be considered equivalent to cash. \ncash-equivalent doctrine. Tax. The doctrine requiring \nincome to be reported even ifit is not cash, as when the \ntaxpayer barters to receive in-kind payments. [Cases: \nInternal Revenue (;=>3116, 37l4.] \ncash-expenditure method. Tax. A technique used by \nthe IRS to reconstruct a taxpayer's unreported income \nby comparing the amount spent on goods and services \nduring a given period with the income reported for \nthat period . If the expenditures exceed the reported \nrevenue, the IRS treats the difference as taxable income. \n[Cases: Internal Revenue (>4530.1.] \ncash flow. (1954) 1. The movement of cash through a \nbusiness, as a measure of profitability or liquidity. 2. \nThe cash generated from a business or transaction. 3. \nCash receipts minus cash disbursements for a given \nperiod. Sometimes written cash flow. \ncash flow per common share. The cash flow from oper\nations minus preferred stock dividends, divided by \nthe number of outstanding common shares. \ndiscounted cash flow. A method ofevaluating a capital \ninvestment by comparing its projected income and \ncosts with its current value . Discounted cash flow \nis used to determine the value of a company by cal\nculating the present value of its future cash flows. In \ntheory, the value of the corporation's assets equals \nthe present value ofthe expected cash flow generated \nby those assets. -Also termed discounted-cash-flow \nmethod. Abbr. DCF; DCF method. \nincremental cash flow. The net increase in cash flow \nattributable to a particular capital investment. \nnegative cash flow. A financial situation in which cash \noutflow exceeds cash inflow. See INSOLVENCY. \nnet cash flow. Cash inflow minus cash outflow. \ncashier, n. 1. One who receives and records payments \nat a business. 2. A bank's or trust company's executive \nofficer, who is responsible for banking transactions. \n[Cases: Banks and Banking (;=> 105(3)-109(3),314.] \ncashier, vb. (16c) To dismiss from service dishonorably \n<after three such incidents, Jones was cashiered>. \n\n246 cashier's check \ncashier's check. See CHECK. \ncashlite. See AMERCEMENT. \ncash merger. See MERGER. \ncash-option transaction. Mergers & acquisitions. A pro\nvision in a merger agreement giving the target com\npany's stockholders a choice between receiving either a \ntax-free exchange of stock or a taxable cash buyout. \ncash or deferred arrangement. A retirement -plan provi\nsion permitting an employee to have a certain amount \nofcompensation paid in cash or contributed, on behalf \nofthe employee, to a profit-sharing or stock-bonus plan. \n A 401(k) plan is a type of cash or deferred arrange\nment. Abbr. CODA. \ncashout, n. (1971) An arrangement by a seller to receive \nthe entire amount ofequity in cash rather than retain \nan interest in the property. -cash out, vb. \ncash-out merger. See cash merger under MERGER. \ncash-refund annuity. See ANNUITY. \ncash sale. See SALE. \ncash surrender value. See VALUE (2). \ncash tender offer. See TENDER OFFER. \ncash-transaction report. IRS Form 4789, which requires \nbanks and other financial institutions to report cash \ntransactions above a certain amount. [Cases: Internal \nRevenue \ncash value. 1. Seefair market value under VALUE (2). 2. \nSee full cash value under VALUE (2). \ncash-value option. See OPTION. \ncasing. Oil & gas. The pipe in a wellbore hole, cemented \ninto place to prevent pollution and to protect the hole. \nintermediate casing. Casing that protects deep forma\ntions against pollution from drilling and producing \noperations. \nproduction casing. Wellbore pipe through which oil \nand gas is produced . Production casing is the last \npipe set in the hole. \nsurface casing. Casing that protects groundwater \nagainst pollution from drilling and producing oper\nations. Surface casing is the first pipe set in the \nhole. \ncasinghead gas. Oil & gas. Natural gas in a liqUid solution \nwith crude oil, produced at the casinghead (top) ofa oil \nwell.  CaSinghead gas separates from the oil at the \ntime ofproduction or shortly afterward. \ncasing point. Oil & gas. The point at which a well has \nbeen drilled to the desired depth and the owners must \ndecide whether to place production pipe (\"casing\") in \nthe hole to complete and equip the well for produc\ntion. \ncassare (k<1-sair-ee), vb. [Law Latin fr. Latin cassus \n\"void\"] Hist. To quash or nullify. Cassare was usu. cassation (ka-say-sh<1n), n. A quashing. See COURT OF \nCASSATION. \ncassetur billa (k<1-see-t<1r bit-<1). [Latin \"that the bill be \nquashed\"] Hist. 1. A judgment quashing a plea in abate\nment. 2. A plaintiff's on-the-record admission that a \ndefendant's plea in abatement cannot be avoided . This \nstatement discontinues the action. Also termed billa \ncassetur; quod billa cassetur. \ncassetur breve (k<1-see-t<1r bree-vee). [Latin \"that the \nwrit be quashed\"] Hist. A judgment quashing an action \nbegun by writ. \nCASSIS/BIB. Patents. A U.S. Patent and Trademark \nOffice database ofbibliographies relating to patents, \nsorted by their classification . CASSIS stands for Clas\nsification and Search Support Information System. Cf. \nCASSIS/CLASS. \nCASSIS/CLASS. Patents. A U.S. Patent and Trademark \nOffice database ofpatents sorted by classification, avail\nable at any PTO Depository Library. Cf. CASSIS/BIB. \ncast, vb. To formally deposit (a ballot) or Signal one's \nchoice (in a vote) <most voters cast their ballots for \nwrite-in candidates>. \ncast a doud on, vb. Patents. Create doubt about (a patent, \nesp. its validity). \ncastigatory (kas-ti-g<1-tor-ee). Hist. A device for punish\ning scolds by repeatedly plunging them underwater.  \nThis device is mentioned by the ancient Saxons (scealf\ning stole) and in Domesday Book (cathedra stercora\nlis). It was also used to punish bakers and brewers by \nducking them into \"stinking water\" (stercore), possibly \ninto a midden. -Also termed ducking stool; cucking \nstool; trebucket. See SCOLD. Cf. BRANKS. \n\"[AI common scold, ... if convicted, shall be sentenced \nto be placed in a certain engine of correction called the \ntrebucket, castigatory, or cucking stool, which in the Saxon \nlanguage signifies the scolding stool; though now it is fre \nquently corrupted into ducking stool, because the residue \nof the judgment is, that, when she is so placed therein, \nshe shall be plunged in the water for her punishment.\" 4 \nWilliam Blackstone, Commentaries on the Laws ofEngland \n169 (1769). \ncasting vote. See VOTE (1). \ncast-iron-pipe doctrine. See DIVIDEND-CREDIT RULE. \ncastle doctrine. (1892) Criminal law. An exception to \nthe retreat rule allOWing the use ofdeadly force by a \nperson who is protecting his or her home and its inhab\nitants from attack, esp. from a trespasser who intends \nto commit a felony or inflict serious bodily harm. \nAlso termed dwelling defense; defense ofhabitation. See \nRETREAT RULE. [Cases: Homicide C=>747, 760.] \ncastle-guard, n. Hist. 1. The protection ofa castle. 2. A \nform of knight-service in which a tenant must protect \nthe lord '8 castle. 3. The tenure giving rise to this knight\nservice. 4. A tax once imposed in lieu of this knight\nservice. 5. The territory that is chargeable with the tax \nimposed in lieu of the knight-service. -Also termed \n(in senses 2-5) ward. \nused in reference to voiding an agreement, law, or writ. \"Castleguard is an imposition upon such of the king's \nSee CASSETUR BILLA; CASSETUR BREVE. subjects as dwell within a certain compass of any castle, \n\n247 \nto the maintenance of such as watch and ward it. It is some \ntimes used for the circuit itself which is inhabited by such \nas are subject to this service.\" William Rastell, Termes de \nlaLey70(lstAm.ed.1812). \ncasual, adj. 1. (Of employment) occurring without reg\nularity; occasional <a casual employee>. See casual \nemployment under EMPLOYMENT. 2. (Of an event or \noccurrence) not expected, foreseen, or planned; fortu\nitous <a casual deficit>. \ncasual affray. See CHANCE-MEDLEY. \ncasual condition. See CONDITION (2). \ncasual defi<;it. An unforeseen shortfall offunds. \ncasual ejector. See EJECTOR. \ncasual employment. See EMPLOYMENT. \ncasual negligence. See NEGLIGENCE. \ncasualty. (I5c) 1. A serious or fatal accident. 2. A person \nor thing injured, lost, or destroyed. \ncasualty gain. Insurance. The profit realized by an \ninsured when the benefits paid exceed the insured \nproperty's adjusted value. \ncasualty insurance. See INSURANCE. \ncasualty loss. See LOSS. \ncasualty pot. Tax. A step in evaluating tax liability in \nwhich casualty gains and losses are compared to deter\nmine whether a net loss or gain has occurred. Cf. MAIN \nPOT. \ncasu consimili (kay-s[y]oo k,m-sim-<l-h), n. [Latin \"in a \nlike case\"] Hist. A writ of entry allowing the holder of \na reversionary interest in land to sue for the return of \nland alienated by a life tenant or a tenant by the curtesy. \n-This writ originated in the second Statute of West\nminster (13 Edw. 1) ch. 24 (1285), which expanded the \nwrits available to litigants by requiring the Chancery \nto issue a writ for any situation that called for a writ \nsimilar to one that had previously issued consimili casu \n(\"in a like case\"). Specifically, the statute provided (in \nLatin) that \"as often as it shall happen in chancery that \nin one case a writ is found, and in a like case [in con\nsimili casu], falling under the same right, and requir\ning like remedy, no writ is to be found, the clerks of \nchancery shall agree in making a writ ....\" Many other \nwrits were framed under Westminster 2, but this par\nticular writ's close association with the statute led to its \ntaking the generic name. -Also termed consimili casu; \nentry in casu consimili. See ACTIONES NOMINATAE. \ncasu proviso (kay-s[yJoo pr<l-vI-zoh). [Latin \"in the case \nprovided\"] Hist. A writ of entry to recover a reversion \nin land alienated by a tenant in dower, i.e., a widow with \na life estate in the alienated land. \ncasus (kay-s<ls). [Latin] 1. A chance accident; an event \nwithout human inter"}
{"text": "land. \ncasus (kay-s<ls). [Latin] 1. A chance accident; an event \nwithout human intervention or fault. Cf. CULPA (1); \nDOLUS (1). 2. A situation actually contemplated by the \nlegislature in enacting a statute that applies to the sit\nuation. -In this sense, the term is opposed to casus \nomissus. Cf. CASUS OMISSUS. casus omissus \ncasus amissionis (kay-s<ls <l-mis[h]-ee-oh-nis). [Latin \n\"the occasion of the loss\"] Hist. The circumstances \nunder which a document is lost or destroyed. -In an \naction to prove the contents of a lost instrument, the \ncircumstances under which a document was lost was \nrequired evidence. Lost documents are now covered by \nFederal Rule of Evidence 1004(1). \ncasus belli (kay-s<ls bel-I). [Latin] An act or circumstance \nthat provokes or justifies war. \ncasus foederis (kay-s<ls fed-<lr-is). [Latin \"the case ofthe \ntreaty\" or \"the case of the agreement\"] 1. inCllaw. A \nprovocative act by one nation toward another, entitling \nthe latter to call upon an ally to fulfill the terms ofan \nalliance. 2. A clause within a treaty of alliance speci\nfying such provocative acts. 3. Contracts. A case or an \nevent falling within the terms ofa contract. \ncasus fortuitus (kay-s<ls for-t[y]oO-<l-tds). [Latin] 1. A \nfortuitous event. 2. A loss not attributable to human \nfault. \ncasus improvisus (kay-s<ls im-pr<l-VI-Z<lS). [Latin] Hist. \nAn unforeseen case; a case not provided for. \n\"Casus improvisus .... This phrase is of frequent occur \nrenee, and admits of varied illustration. Thus, if an Act of \nParliament has been passed for the removal of some incon' \nvenience, or the suppression of some evil, and specifies the \ncircumstances or cases in which it is to have application, \nand a case occurs which is not specified by the Act, in \nwhich, nevertheless, the application of the Statute would \nbe beneficial, this is a casus Improvisus, and neither the \nprocedure nor the provisions of the Act can be applied to it. \nThe Statute cannot be strained so as to be made applicable \nto a case for which it does not provide. Statutes, however, \nwhich are purely remedial are construed liberally. and are \noften extended to cases similar to those mentioned in the \nAct, although such cases do not fall within the letter of \nthe enactment.\" John Trayner, Trayner's Latin Maxims 70 \n(4th ed. 1894). \ncasus incogitati (kaY-SdS in-koj-i-tay-n). [Law Latin] \nHist. Circumstances unthought of. -Circumstances \nthat were not otherwise addressed in an instrument \ncould be determined on equitable grounds. \ncasus insolitus (kay-s<ls in-sol-d-t<ls). [Latin] Hist. An \nunusual circumstance; an unusual event. \ncasus major (kay-s<ls may-jdr). [Latin] An extraordinary \ncasualty. \ncasus male inclusus (kay-s<ls mal-ee in-kloo-s<ls). [Latin \n\"case wrongly included\"] A situation literally provided \nfor by a statute or contract, but wrongly so because the \nprovision's literal application has unintended or absurd \nconsequences. \ncasus omissus (kay-sas d-mis-<ls). [Latin \"case omitted\"] \nA situation not provided for by a statute or contract, \nand therefore governed by caselaw or new judge-made \nlaw. Cf. CASUS (2). PI. casus omissi. [Cases: Statutes \n186.] \n\"At times a state ofwar appears to exist between the courts \nand the parliamentary draftsman. The courts decline to \ncome to the rescue when a casus omissus is revealed, so \nwords appropriate to cover the casus omissus are added to \nthe statute. More frequently the draftsman gets in fIrst and, \nanticipating a strict construction by the courts coupled \nwith a total lack of sympathy if there should happen to be \n\n248 casus rarior \na casus omissus, he produces a statute which is nothing \nless than horrific in its detail.\" Rupert Cross, Statutory \nInterpretation 11-12 (1976). \ncasus rarior (kay-sas rair-ee-or). Hist. An exceptional \ncase. PI. casus rarjores. \ncatalla (ka-tal-i\"l). [Law Latin \"chattels\"] Hist. 1. \nCHATTEL. Also termed catals. \n\"Catals (catalla) alias chatels, cometh of the Normans. \nFor . all movable goods . are called chatels: the \ncontrary whereof is (fief) which we do call fee.\" John Cowell, \nThe Interpreter (1607). \n2. Cattle used for plowing. \ncataUa oUosa (b-tal-a oh-shee-oh-sa). [Law Latin \n\"nonworking chattels\"] Hist. 1. Chattels that are not \nanimals. 2. Animals not used for plowing or pulling \nplows or carts (averia carucae). \ncatallis captis nomine districtionis (ka-tal-is kap-tis \nnahm-a-nee di-strik-shee-oh-nis). [Latin \"chattels \ntaken in name of distress\"] Hist. A writ permitting a \nlandlord who is owed rent to distrain (Le., seize) the \ndoors, windows, and gates ofthe tenant's house. \ncatallis reddendis (ka-tal-is ri-den-dis). See DE CATALLIS \nREDDEN DIS. \ncatals. See CATALLA. \ncataneus. See CAPITANEUS. \ncatch-all, adj. Broad; widely encompassing <the catch\nall factor allows the jury to consider all circumstances \nextenuating the gravity of the crime>. \ncatch-all, n. See BROADENING STATEMENT. \ncatching bargain. See BARGAIN. \ncatchpoll (kach-pohl). Hist. A sheriff's deputy or \nbailiff. Also spelled catchpol; catchpole. \n\"Catchpol ... (One that catches by the Poll) Though now \ntaken as a word of Contempt, yet in ancient times, it was \nused, without reproach, for such as we now call Sergeants \nof the Mace, Bailiffs, or any other that use to Arrest Men \nupon any Action.\" Thomas Blount, Nomo-Lexicon: A Law\nDictionary (1670). \ncategorical question. See QUESTION (1). \ncater cousin (kay-tdr). A distant relative . The term \nderives from the French quatrecousin, meaning a \ncousin in the fourth degree. \ncathedral. Eccles. law. The principal church ofa diocese, \nin which the bishop's throne, or cathedra, is situated. \ncathedral preferment. Eccles. law. In a cathedral church, \na deanery, archdeaconry, canonry, or other office below \nthe rank ofbishop. \ncatholic creditor. See CREDITOR. \nCatoniana regula (b-toh-nee-ay-nd reg-ya-Ia). See \nREGULA CATONIANA. \ncats and dogs. Slang. 1. ~onperforming securities. 2. \nHighly speculative securities. \n\"Wall Street disdainfully regards most penny stocks as cats \nand dogs, a popular phrase in use since 1879 to describe \nlow-priced, often worthless, speculative securities. The \nSingle word dog also means a worthless security, and the \nrelated pup meant a low-priced, inactive stock during the 1940s and 19505.\" Kathleen Odean, High Steppers, Fallen \nAngels, and Lollipops: Wall Street Slang 10 (1988). \ncattle rustling. The stealing ofcattle. \ncattle-trespass. See TRESPASS. \ncaucus (kaw-k;)s), n. (lSc) 1. Representatives from a \npolitical party who assemble to nominate candidates \nand decide party policy. [Cases: Elections 2. A \nmeeting of a group, usu. within a deliberative assembly, \nof people aligned by party or interest to formulate a \npolicy or strategy. -caucus, vb. \n'The term caucus also sometimes applied to a similar \nmeeting of all the known or admitted partisans of a par\nticular position on an important issue ...... in a convention \nor any other deliberative assembly who meet to plan \nstrategy toward a deSired result within the assembly. Such \na meeting may be held on the presumed informal under \nstanding that those who attend will follow the deciSions \nof the caucus.\" Henry M. Robert, Robert's Rules of Order \nNewly Revised  59, at 588 (10th ed. 2000). \nseparate caucus. A confidential mediation session that \na mediator holds with an individual party to elicit \nsettlement offers and demands . When separate \ncaucuses are used, the mediator typically shuttles \nbetween the two (or more) sides ofa dispute to com\nmunicate offers and demands. Formerlv, ABA Model \nRule of Professional Responsibility 2:2 (governing \nwhen a lawyer could act for more than one client or \nas an intermediary between parties) applied when a \nlawyer acted as a mediator. Although the rule was \ndeleted from the Model in 2002, many states have \nsimilar rules in effect. The rule requires a lawyer \nacting as an intermediary to inform the parties about \nmediation and the mediator's role, to act impartially, \nand to have a good-faith belief that the matter can be \nresolved in all parties' best interests. \ncausa (kaw-za), n. [Latin]l. CAUSE (1). \n\"One of the vaguest terms of the Roman juristic language. \nStarting from the basic meaning of cause, reason, induce\nment, the jurists use it in very different senses .... Causa \nis the reason for which some judicial measures (actions, \nexceptions, interdicts) were introduced by the praetor .... \nSometimes causa is roughly identical with animus when it \nalludes to the subjective motive, intention, or purpose of \na person.\" Adolf Berger, Encyclopedic Dictionary ofRoman \nLaw 382-83 (1953). \ncausa causans (kaw-za kaw-zanz). An immediate or \neffective cause. See immediate cause under CAUSE \n(1). \ncausa jactitationis maritagii (kaw-za jak-ti-tay-shee\noh-nis mar-a-tay-jee-I). [Latin \"cause of assertion of \nmarriage\") See JACTITATION OF MARRIAGE. \ncausa matrimonii praelocuti (kaw-za ma-tra-moh\nnee-I pree-Id-kyoo-tr). [Latin \"cause of prearranged \nmarriage\"] Hist. A writ ofentry available to a woman \nwho had given land to a suitor who refused to marry \nher within a reasonable time. Also termed entry \nfor marriage in speech. \ncausa proxima (kaw-za prok-si-m<l). The immediate or \nlatest cause. See proximate cause under CAUSE. \n\ncausa remota (kaw-z;l ri-moh-t;l). A remote or indirect \ncause. See remote cause under CAUSE. \ncausa sine qua non (kaw-z;l sl-nee kway non also sin-ay \nkwah nohn). A necessary cause; the cause without \nwhich the thing cannot be or the event would not have \noccurred. See but-for cause under CAUSE (1). \n2. Roman & civil law. A consideration or inducement. \n'The revolution of the ancient law of Contract was con \nsummated when the Praetor of some one year announced \nin his Edict that he would grant equitable actions upon \nPacts which had never been matured at all into Contracts, \nprovided only that the Pacts in question had been founded \non a consideration (causa).\" Henry S. Maine, Ancient Law \n28 (l7th' ed. 1901). \n\"Article 1131 of the French Civil Code provides that: \n'L'obligation sans cause, ou sur une fausse cause, ou sur \nune cause illicite, ne peut avoir aucun effet.' This cause \nor causa is a synonym for consideration, and we find the \nterms used interchangeably in the earlier English authori\nties.\" John Salmond, Jurisprudence 361 (Glanville L. Williams \ned., 10th ed. 1947). \ncausafalsa (fal-s;l [orfawl-s;l] kaW-Z;l). Seefalsa causa. \ncausa non secuta (kaW-Z;l non s;l-kyoo-t;l). [Latin \n\"the (expected) consideration not having followed\"] \nRoman law. A consideration that has failed; failure \nofconsideration. \nfalsa causa (fal-s;l [orfawl-s;l] kaw-z;l). [Latin \"mistaken \nreason or motive\"] Roman law. Falsity of consider\nation. This might result from several things, such \nas a mistaken reason for making a gift or bequest. \nAlso termed (esp. in civil law) causa falsa. \ncausa causae est causa causati (kaw-z;l kaw-zee est \nkaw-z;l kaw-zay-tI). [Latin \"the cause of a cause is the \ncause of the thing caused\"]. Torts. The principle that \nthe cause of the cause (rather than only the immedi\nate cause) should also be considered as the cause of \nthe effect. \ncausa cognita (kaw-z;l kog-ni-t;l). [Latin] Hist. After \ninvestigation; the cause (or facts) having been ascer\ntained. Cf. POST CAUSAM COGNITAM. \n\"Formerly, inhibitions were not granted except causa \ncognita (although a different rule now prevails), because \nthey imposed a restraint on the full exercise of the rights \nof property; and in our own time decrees of divorce or \njudicial separation are not granted, except on inquiry into \nthe facts, and cause shown warranting such orders.\" John \nTrayner, Trayner's Latin Maxims 71-72 (4th ed. 1894). \ncausa data causa non secuta (kaW-Z;l day-t;l kaw-Z;l \nnon si-kyoo-t;l). [Latin] Roman law. The consideration \nhaving been"}
{"text": "kaw-Z;l \nnon si-kyoo-t;l). [Latin] Roman law. The consideration \nhaving been given but the counterpart not having \nfollowed. The phrase appeared in reference to con\nsideration promised for an act that never took place \ne.g., an advance payment for work not done, or a gift \ngiven in contemplation ofmarriage before the wedding \nwas called off. See CONDICTIO. \ncausa debendi (kaw-z;l di-ben-dI). [Latin] Hist. The \ngrounds ofdebt. \ncausa et modus transferendi dominii (kaw-z;l et moh-d;ls \ntrans-f;lr-en-dI d;l-min-ee-I). [Law Latin] Hist. The \ntitle and the manner of transferring property. -Also (erroneously) spelled causa et modus transferrendi \ndominii. \ncausa falsa. Seefalsa causa under CAUSA (2). \ncausa jactitationis maritagii (kaw-z;l jak-ti-tay-shee\noh-nis mar-;l-tay-jee-I). [Latin \"cause of assertion of \nmarriage\"] See JACTITATION OF MARRIAGE. \ncausal (kaw-z;ll), adj. (16c) 1. Of, relating to, or involv\ning causation <a causal link exists between the defen\ndant's action and the plaintiff's injury>. 2. Arising from \na cause <a causal symptom>. Cf. CAUSATIVE. \ncausal challenge. See challenge for cause under CHAL\nLENGE (2). \ncausality (kaw-zal-;l-tee), n. (17c) The principle ofcausal \nrelationship; the relation between cause and effect <the \nforeseeability test is one of duty and of causality>. \nAlso termed causation. -causal, adj. \ncausa lucrativa. See LUCRATIVA CAUSA. \ncausa matrimonii praelocuti. See CAUSA (1). \ncausam nobis significes quare (kaw-z;lm noh-bis sig\nnif-;l-seez kwair-ee). [Latin \"that you signify to us the \ncause why\"] Hist. A writ ordering a town's mayor to \ngive seisin ofland to a grantee of the king. \ncausa mortis (kaw-z;l mor-tis), adj. Done or made in \ncontemplation ofone's own death. See gift causa mortis \nunder GIFT. \ncausa non secuta. See CAUSA (2). \ncausa promissionis (kaw-z;l pr;l-mish-ee-oh-nis). Eccles. \nlaw. The doctrine that an informal undertaking does \nnot oblige ifit lacks a good cause. \ncausa proxima. See CAUSA (1). \ncausare (kaw-zair-ee), vb. [Law Latin fro Latin causari \"to \nlitigate\"] To litigate; to show cause against. \ncausa remota. See CAUSA (1). \ncausa scientiae (kaw-z;l sI-en-shee-ee). [Law Latin] Scots \nlaw. Cause ofknowledge. The phrase typically referred \nto a witness's basis for drawing a particular conclusion, \nesp. in a case involving scientific expertise. \ncausa sine qua non. See CAUSA (1). \ncausation (kaw-zay-sh;ln). (17c) 1. The causing or pro\nducing ofan effect <the plaintiff must prove causation>. \n2. CAUSALITY. \n\"Here is the key to the juridical treatment of the problems \nof causation. We pick out the cause which in our judgment \nought to be treated as the dominant one with reference, \nnot merely to the event itself, but to the jural consequences \nthat ought to attach to the event.\" Benjamin Cardozo, The \nParadoxes ofLegal Science 83 (1928). \nnegative causation. Securities. The defense that part of \nthe plaintiff's damages were caused by factors other \nthan the depreciation in value ofthe securities result\ning from registration-statement defects . Ifnegative \ncausation is proved, the plaintiff's damages should be \nreduced. 15 USCA  77k(e). [Cases: Securities Regula\ntion C=>2S.21(S).] \ntransaction causation. Securities. The fact that an \ninvestor would not have engaged in a given transaction \n\n250 causative \nif the other party had made truthful statements at \nthe required time. [Cases: Securities Regulation \n60.47.] \ncausative (kaw-z;:Hiv), adj. 1. Effective as a cause or \nproducing a result <causative factor of the accident>. \n2. Expressive of causation <the causative relationship \nbetween drinking and assault>. Cf. CAUSAL. \ncausator (kaw-zay-t.n), n. [Latin \"promoter of litiga\ntion\"] Hist. 1. A litigant. 2. A person who manages or \nlitigates a cause for another. \ncause, n. (Be) 1. Something that produces an effect or \nresult <the cause ofthe accident>. \n\"It has been said that an act which in no way contributed \nto the result in question cannot be a cause of it; but this, \nof course, does not mean that an event which might have \nhappened in the same way though the defendant's act \nor omission had not occurred, is not a result of it. The \nquestion is not what would have happened, but what did \nhappen.\" Joseph H. Beale, The Proximate Consequences of \nan Act, 33 Harv. L. Rev. 633, 638 (1920). \nbut-for cause. (1924) The cause without which the event \ncould not have occurred. Also termed actual cause; \ncause in fact;factual cause. \nconcurrent cause. (17c) One oftwo or more causes that \nSimultaneously produce a result. \ncontributing cause. A factor that -though not the \nprimary cause plays a part in prodUcing a result. \ncooperative cause. Archaic. A person who is contribu\ntorily or comparatively negligent. \ndirect and proximate cause. See proximate cause. \ndirect cause. See proximate cause. \nefficient adequate cause. See proximate cause. \nefficient cause. See proximate cause. \nefficient intervening cause. See intervening cause. \nefficientproximate cause. See proximate cause. \nfactual cause. See but-for cause. \nfirst cause. See prOXimate cause. \nimmediate cause. (16c) The last event in a chain of \nevents, though not necessarily the proximate cause \nof what follows. -Also termed effective cause. \ninitial cause. See proximate cause. \nintervening cause. (17c) An event that comes between \nthe initial event in a sequence and the end result, \nthereby altering the natural course of events that \nmight have connected a wrongful act to an injury. \n-If the intervening cause is strong enough to relieve \nthe wrongdoer of any liability, it becomes a supersed\ning cause. A dependent intervening cause is one that \nis not an act and is never a superseding cause. An \nindependent intervening cause is one that operates \non a condition produced by an antecedent cause but \nin no way resulted from that cause. Also termed \nintervening act; intervening agency; interveningforce; \nindependent intervening cause; efficient intervening \ncause; supervening cause; novus actus interveniens; nova causa interveniens. See superseding cause. [Cases: \nNegligence (=430.] \njural cause. See proximate cause. \nlegal cause. See proximate calise. \nprimary cause. See proximate cause. \nprocuring cause.!. See proximate cause (2). 2. Real \nestate. The efforts of the agent or broker who effects \nthe sale of realty and who is therefore entitled to a \ncommission. [Cases: Brokers (:::::.'53.] \nproximate cause. (17c) 1. A cause that is legally suf\nficient to result in liability; an act or omission that is \nconsidered in law to result in a consequence, so that \nliability can be imposed on the actor. [Cases: Negli\ngence (=>375.] 2. A cause that directly produces an \nevent and without which the event would not have \noccurred. [Cases: Negligence (=379,385.] Also \ntermed (in both senses) direct cause; direct and proxi\nmate cause; efficient proximate calise; efficient cause; \neffiCient adequate cause; initial cause;jirst cause; legal \ncause; procuring cause; producing cause; primary \ncause;jural cause. Cf. (in sense 2) remote cause. \n'The four 'tests' or 'clues' of proximate cause in a criminal \ncase are (1) expediency, (2) isolation, (3) foreseeability and \n(4) intention.\" Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw 823 (3d ed. 1982). \n\"'Proximate cause' -in itself an unfortunate term is \nmerely the limitation which the courts have placed upon the \nactor's responsibility for the consequences of the actor's \nconduct. In a philosophical sense, the consequences of an \nact go forward to etern ity, and the causes of an event go \nback to the dawn of human events, and beyond. But any \nattempt to impose responsibility upon such a basis would \nresult in infinite liability for all wrongful acts, and would \n'set society on edge and fill the courts with endless litiga\ntion.' [North v. Johnson, 58 Minn. 242, 59 N.W. 1012 (1894).] \nAs a practical matter, legal responsibility must be limited to \nthose causes which are so closely connected with the result \nand of such significance that the law isjustified in imposing \nliability. Some boundary must be set to liability for the \nconsequences of any act, upon the basis of some social \nidea ofjustice or policy.\" W. Page Keeton et aI., Prosser and \nKeeton on Torts  41, at 264 (5th ed. 1984). \nremote cause. (16c) A cause that does not necessarily \nor immediately produce an event or injury. C proxi\nmate cause (2). [Cases: Negligence (=383.] \nsole cause. (16c) The only cause that, from a legal \nviewpOint, produces an event or injury. -If it comes \nbetween a defendant's action and the event or injury \nat issue, it is treated as a superseding cause. [Cases: \nNegligence (=431.] \n\"When this one dominant cause is found it is treated as \nthe 'sole cause' for the purposes of the particular case, \neven if it might not be so treated in a different kind of \ncause of action. A 'sole cause' which intervenes between \ndefendant's act and the result in question is spoken of as a \n'superseding cause.' .. The phrase 'sole cause,' meaning \nthe only cause which will receive juridical recognition for \nthe purposes of the particular case, is convenient to give \nemphaSis to three points: (1) If defendant's act was the sole \ncause of the death or other socially-harmful occurrence, it \nis by definition a proximate cause thereof; (2) if something \nother than his act was the sole cause of the harm there \nneed be no further inquiry so far as he is concerned: (3) it \nis not necessary that defendant's act should have been the \n\n251 \nsole cause of the harm, -which is merely another form \nof stating that a contributory cause is sufficient.\" Rollin \nM. Perkins & Ronald N. Boyce, Criminal Law 781-82 (3d \ned. 1982). \nsuperseding cause. (1891) An intervening act or force \nthat the law considers sufficient to override the cause \nfor which the original tortfeasor was responsible, \nthereby exonerating that tortfeasor from liability. \nAlso termed sole cause. Cf intervening cause. [Cases: \nNegligence C::.:>431.] \nsupervening cause. See intervening cause. \nunavoidable cause. A cause that a reasonably prudent \nperson V\\;ould not anticipate or be expected to avoid. \n2. A ground for legal action <the plaintiff does not have \ncause to file suit>. \ngood cause. (I6c) A legally sufficient reason . Good \ncause is often the burden placed on a litigant (usu. by \ncourt rule or order) to show why a request should be \ngranted or an action excused. '{he term is often used \nin employment-termination cases. -Also termed \ngood cause shown; just cause; lawful cause; sufficient \ncause. \n\"Issues of 'just cause,' or 'good cause,' or simply 'cause' \narise when an employee claims breach of the terms of an \nemployment contract providing that discharge will be only \nfor just cause. Thus, just cause is a creature of contract. \nBy operation of law, an employment contract for a definite \nterm may not be terminated without cause before the expi\nration of the term, unless the contract provides otherwise.\" \nMark A. Rothstein et aI., Employment Law  9.7, at 539 \n(1994). \nprobable cause. See PROBABLE CAUSE. \n3. A lawsuit; a case <the court has 50 causes on the \nmotion docket>. \npreferred cause. A case that a court may for good \nreason accelerate and try ahead ofother cases. Also \ntermed preference case; preference cause. [Cases: Trial \n13,12.] \nshort cause. A case that requires little time to try, usu. \nhalf a day or less. -Also termed short-cause trial. \n[Cases: Trial C=13,12.] \n4. CAUSA (2). \ncause, vb. To bring about or effect <dry conditions caused \nthe fire>. \ncause-and-prejudice rule. (1977) Criminal law. The \ndoctrine that a prisoner petitioning for a federal writ of \nhabeas corpus on the basis ofa constitutional challenge \nmust first show that the claim rests on either a new rule \nof constitutional law (one that was unavailable while \nthe case was heard in the state courts) or a fact that \ncould not have been uncovered earlier despite due dili\ngence' and then show by clear and convincing evidence \nthat if the constitutional error had not occurred, the \nprisoner would not have been convicted. 28 USCA \n 2254(e)(2) .  This is an exception to the procedural\ndefault doctrine. Before 1996, the cause-and-prejudice \nrule allowed federal courts to grant relief on the basis \nofa constitutional challenge that was not presented to \nthe trial if the prisoner showed good cause for failing causidicus \nto make the challenge at trial, and also showed that \nthe trial court's error actually prejudiced the prisoner. \n[Cases: Criminal Law (\"r,1438; Habeas Corpus \n404-409.] \ncause celi~bre (kawz sa"}
{"text": "438; Habeas Corpus \n404-409.] \ncause celi~bre (kawz sa-Ieb or kawz say-Ieb-ra). [French \n\"celebrated case\"] (I8c) A trial or decision in which the \nsubject matter or the characters are unusual or sensa\ntional <the O.J. Simpson trial was a cause celebre in \nthe 1990s>. \ncause in fact. See but-for cause under CAUSE (1). \ncause lawyering. The practice ofa lawyer who advocates \nfor social justice by combining the activities oflitiga\ntion, community organizing, public education, and \nlobbying to advance a cause past its current legal lim i\ntations and boundaries. -Also termed activist lawyer\ning; progressive lawyering; radical lawyering. See social \njustice under JUSTICE. Cf. PUBLIC-INTEREST LAW. \ncause list. See DOCKET (2). \ncause ofaction. (I5c) 1. A group ofoperative facts giving \nrise to one or more bases for suing; a factual situation \nthat entitles one person to obtain a remedy in court \nfrom another person; CLAIM (4) <after the crash, \nAronson had a cause of action>. [Cases: Action \n1,2.] \n\"What is a cause of action? Jurists have found it difficult to \ngive a proper definition. It may be defined generally to be \na situation or state of facts that entitles a party to maintain \nan action in a judicial tribunal. This state of facts may \nbe (a) a primary right of the plaintiff actually violated \nby the defendant; or (h) the threatened violation of such \nright, which violation the plaintiff is entitled to restrain or \nprevent, as in case of actions or suits for injunction; or (e) \nit may be that there are doubts as to some duty or right, \nor the right beclouded by some apparent adverse right or \nclaim, which the plaintiff is entitled to have cleared up, \nthat he may safely perform his duty, or enjoy his property.\" \nEdwin E. Bryant, The Law of Pleading Under the Codes of \nCivil Procedure 170 (2d ed. 1899). \n2. A legal theory of a lawsuit <a malpractice cause of \naction>. Cf. RIGHT OF ACTION. Also termed (in senses \n1 & 2) ground ofaction. \nnew cause ofaction. A claim not arising out of or \nrelating to the conduct, occurrence, or transaction \ncontained in the original pleading . An amended \npleading often relates back to the date on which the \noriginal pleading was filed. Thus, a plaintiff may add \nclaims to a suit without facing a statute-of-limitations \nbar, as long as the original pleading was timely filed. \nBut if the amended pleading adds a claim that arises \nout ofa different transaction or occurrence, or out of \ndifferent alleged conduct, the amendment does not \nrelate back to the date on which the original pleading \nwas filed. Fed. R. Civ. P. 15(c. [Cases: Limitation of \nActions C=127.) \n3. Loosely, a lawsuit <there are four defendants in the \npending cause ofaction>. -Abbr. COA. \ncause-of-action estoppel. See COLLATERAL ESTOPPEL. \ncausidicus (kaw-zid-<)-k<)s), n. [Latin \"pleader\"] Roman \nlaw. A speaker or pleader who pleaded cases orally for \nothers. Cf. ADVOCATUS. \n\n252 cautio \ncautio (kaw-shee-oh), n. [Latin \"security\"] Roman & civil \nlaw. 1. Security usu. given to ensure the performance \nofan obligation. See BAIL (1); BOND (2). 2. A surety. PI. \ncautiones (kaw-shee-oh-neez). \ncautio fidejussoria (kaw-shee-oh fI-dee-p-sor-ee-a). \n[Latin] Security given by a third party in a contract \noffidejussio. See FIDEJUSSION. \ncautio judicatum solvi (kaw-shee-oh joo-di-kay-tam \nsol-vI). [Latin] A plaintiff's security for court costs. \nAlso spelled cautio judicatam solvi. (Cases: Costs \n105.] \ncautio Muciana (kaw-shee-oh myoo-shee-ay-na). \n(Latin \"security introduced by Mucius Scaevola\"] \nSecurity given by an heir or legatee to obtain imme\ndiate possession of a conditional inheritance. -The \ncondition in the will usu. required an heir to refrain \nfrom doing some act, such as marriage or overseas \ntravel. \ncautio pigneratitia (kaw-shee-oh pignar-a-tish\n[eel-a). [Latin \"security by pledge\"] Security given \nby pledging goods. -Also spelled cautio pignera\nticia; cautio pignoratitia. Cf. actio pigneratitia under \nACTIO. \ncautio pro expensis (kaw-shee-oh proh ek-spen-sis). \n[Latin \"security for costs\"] Security for court costs. \n[Cases: Costs C~105.] \ncautio usufructuaria (kaw-shee-oh yooz-ya-frak\nchooair-ee-a). [Latin \"tenant's security\"] Security \ngiven by a usufructuary or tenant for life or a term \nof years against waste of the enjoyed property. See \nUSUFRUCT. \ncaution (kay-sh;m). Civil & Scots law. 1. Security given to \nensure performance ofsome obligation. See JURATORY \nCAUTION (2). 2. The person who gives the security; a \ncautioner. See BAIL (4). \ncautionary instruction. See JURY I~STRUCTION. \ncautione admittenda. See DE CAUTIONE ADMITTENDA. \ncautioner (kaw-shan-ar or [in senses 2 and 3] kay \nshan-arlo 1. A person who cautions or warns. 2. Civil \n& Scots law. A person who puts up security to ensure \nthe performance of some obligation. 2. Scots law. A \npersonal security. \ncaution money. See EARNEST MONEY. \ncautionry (kay-shan-ree), n. Scots law. 1he obligation to \nact as surety for another. \nc.a.v. abbr. CURIA ADVISARI VULT. \ncaveat (kav-ee-aht or kay-vee-at or kavee-at). [Latin \"let \nhim or her beware\"] (l6c) 1. A warning or proviso <he \nsold the car to his friend with the caveat that the brakes \nmight need repairs>. \ncaveat actor (ak-tor). [Latin]l.et the doer, or actor, \nbeware. \ncaveat emptor (emp-tor). [l.atin \"let the buyer beware\"] \nA doctrine holding that purchasers buy at their own \nrisk. -Modern statutes and cases have greatly limited the importance ofthis doctrine. [Cases: Sales C:::>41, \n167,269; Vendor and Purchaser ~37.] \n\"It [caveat emptor] is one of that tribe of anonymous Latin \nmaxims that infest our law ... they fill the ear and sound \nlike sense, and to the eye look like learning; while their \nmain use is to supply the place of either or both.\" Gulian \nC. Verplanck, An Essay on the Doctrine of Contracts 218 \n(1825). \n\"Caveat emptor is the ordinary rule in contract. A vendor \nis under no duty to communicate the existence even of \nlatent defects in his wares unless by act or implication he \nrepresents such defects not to exist.\" William R. Anson, \nPrinciples ofthe Law ofContract 245 (Arthur l. Corbin ed., \n3d Am. ed. 1919). \n''This action of unfair competition is the embodiment in law \nof the rule of the playground -'Play fair!' For generations \nthe law has enforced justice .... The maxim caveat emptor \nis founded on justice; the more modern rule that compels \nthe use of truth in selling goods is founded on fairness. It \nconflicts with the rule of caveat emptor.\" Harry D. Nims, The \nLaw of Unfair Competition and TradeMarks 25 (1929). \ncaveat venditor (ven-di-tor). [l.atin] l.et the seller \nbeware. [Cases: Sales ~269.1 \ncaveat viator (vI-aytor). [Latin \"let the traveler \nbeware\"]. The duty ofa traveler on a highway to use \ndue care to detect and avoid defects in the way. \n2. A formal notice or warning given by a party to a \ncourt or court officer requesting a suspension of pro\nceedings <the decedent's daughter filed a caveat stating \nthe facts on which her will contest is based>. 3. Under \nthe Torrens system ofland titles, a formal notice ofan \nunregistered interest in land. -Once lodged with the \nregister ofdeeds, this notice prevents the register from \nrecording any dealing affecting the estate or the interest \nclaimed. See TORRENS SYSTEM. [Cases: Records \n9(13.1).] caveat, vb. \ncaveatable (kay-vee-at-d-bdl), adj. Ofor relating to a legal \nor equitable interest that is protectable by a caveat. See \nCAVEAT (2), (3). \ncaveatee (kay-vee-at-ee). One whose interest is chal\nlenged by a caveat. \ncaveator (kay-veeay-tdr). One who files a caveat, esp. to \nchallenge the validity of a will; CONTESTANT (1). \nC.B. abbr. 1. COMMON BENCH. 2. Hist. Chief Baron of \nthe Exchequer. \nCBA. abbr. COLLECTIVE-BARGAINING AGREEMENT. \nCBO. abbr. CONGRESSIONAL BUDGET OFFICE. \nCBOE. abbr. CHICAGO BOARD OPTIONS EXCHANGE. \nCBOT. abbr. CHICAGO BOARD OF TRADE. \nCBT. abbr. CHICAGO BOARD OF TRADE. \nCC. abbr. 1. Circuit, city, civil, or county court. 2. \nChancery, civil, criminal, or Crown cases. 3. CIVIL \nCODE. \nCCC. abbr. 1. COMMODITY CREDIT CORPORATION. 2. \nCUSTOMS COOPERATION COUNCIL. \nC corporation. See CORPORATION. \nCCPA. abbr. 1. COURT OF CUSTOMS AND PATENT APPEALS. \n2. CONSUMER CREDIT PROTECTION ACT. \n\nCCR. abbr. UNITED STATES COMMISSION ON CIVIL \nRIGHTS. \nCD. abbr. CERTIFICATE OF DEPOSIT. \nCDC. abbr. CENTERS FOR DISEASE CONTROL AND PRE\nVENTION. \nCDFI Fund. abbr. COMMUNITY DEVELOPMENT FINAN\nCIAL INSTITUTION FUND. \nCEA. abbr. COUNCIL OF ECONOMIC ADVISORS. \nceap (cheep). Hist. Anything for sale; a chattel (usu. \ncattle) used as a medium for barter. \nceapgild (cheep-gild). Hist. A tax or fine paid with \nan animal rather than with money. Also spelled \nceapgilde. \ncease, vb. 1. To stop. forfeit, suspend, or bring to an \nend. 2. To become extinct; to pass away. cessation \n(se-say-shan), n. \ncease-and-desist letter. A cautionary notice sent to an \nalleged wrongdoer, describing the offensive activity and \nthe complainant's remedies and demanding that the \nactivity stop. _ A cease-and-desist letter is commonly \nused to stop or block the suspected or actual infringe\nment of an intellectual-property right before litiga\ntion. Ignoring a cease-and-desist letter may be used as \nevidence that the infringement was willfuL \ncease-and-desist order. (1918) A court's or agency's \norder prohibiting a person from continuing a particu\nlar course of conduct. See INJUNCTION; RESTRAINING \nORDER. [Cases: Administrative Law and Procedure \n510; Injunction 202.1.J \nceasefire. See TRUCE. \ncedant. See REINSURED. \ncede (seed), vb. (18c) 1. To surrender or relinquish. 2. To \nassign or grant. cession (sesh-an), n. cessionary \n(sesh-an-er-ee), adj. \ncedent. See REINSURED. \ncedula (say-doo-lah). [Spanish] Spanish law. 1. An official \ndocument used to identify someone; an identity card. \n2. A promissory note. 3. A summons; speci., a citation \nrequiring a fugitive to appear in court to face criminal \ncharges. _ The citation is usu. affixed to the fugitive's \ndoor. 4. Hist. A decree of the Spanish Crown; esp., a \nroyal enactment issued by the Council ofCastile or of \nthe Indies. \nceiling price. See PRICE. \nceiling rent. See RENT (1). \ncenegild (kay-na-gild). Hist. An expiatory fine paid by a \nmurderer to the victim's relatives. \ncensere (sen-seer-ee), vb. [Latin \"to express an opinion\"] \nRoman law. To decree or resolve. \ncenso (sen-soh). [Spanish] Spanish law.!. The census; \nspecif., an official count ofthe people within a nation, \nstate, district, or other political subdivision. 2. Ground \nrent. 3. An annuity or payment for the use ofland. censo al quitar (ahl kee-tahrl. A redeemable annuity. \nAlso termed censo redimible. \ncenso consignativo (sen-soh kawn-seeg-nah-tee-voh). \nA transferable annuity backed by a lien on the debtor's \nreal property. -The debtor retains full legal title to the \nreal property. -Also termed censo consignatorio. \ncenso enfiteutico (en-fee-tay-oo-tee-koh). A real \nproperty owner's annuity from a usufructuary tenant; \nan annuity paid from an"}
{"text": "oh). A real \nproperty owner's annuity from a usufructuary tenant; \nan annuity paid from an emphyteusis (a long-term \nlease ofland). See EMPHYTEUSIS. \ncenso redimible. See censo al quitar. \ncenso reservatio (ray-ser-vah-tee-oh). An annuity \npayable by a grantee of land to the grantor.  The \nannuity is reserved when the land is transferred to \nthe grantee. \ncensor, n. 1. Roman law. (ital.) A Roman officer who \nacted as a census taker, assessor, and reviewer ofpublic \nmorals. 2. A person who inspects publications, films, \nand the like for objectionable content. 3. In the armed \nforces, someone who reads letters and other commu\nnications and deletes material considered a security \nthreat. censorial, adj. -censorship, n. \ncensor (sen-sar), vb. (1882) To officially inspect (esp. a \nbook or film) and delete material considered offen\nsive. \ncensorial jurisprudence. See LAW REFORM. \ncensumethidus (sen-s;)-meth-a-das). [Law Latin] See \nMORTMAIN. Also spelled censumorthidus. \ncensure (sen-shar), n. (14c) An official reprimand or \ncondemnation; harsh criticism <the judge's careless \nstatements subjected her to the judicial council's \ncensure>. censorious, adj. \ncensure, vb. To reprimand; to criticize harshly <the \nSenate censured the senator for his inflammatory \nremarks>. \ncensus. (l7c) An official count ofpeople made for the \npurpose ofcompiling social and economic data for the \npolitical subdivision to which the people belong. PI. \ncensuses. [Cases: Census \nfederal census. A census of a state or territory, or \na portion of either, taken by the Census Bureau of \nthe United States. _ The Constitution (art. 1,  2) \nrequires only a simple count ofpersons for purposes \nofapportioning congressional representation among \nthe states. Under Congress's direction, however, the \ncensus has evolved to include a wide variety ofinfor\nmation that is useful to businesses, historians, and \nothers not affiliated with the federal government. \n[Cases: Census \nCensus Bureau. See BUREAU OF THE CENSUS. \ncentena (sen-tee-na). [fro Latin centum \"hundred\"] Hist. \nA district containing 100 freemen, established among \nthe Germans, Franks, Goths, and Lombards. _ The \ncentena corresponds to the Saxon hundred. \n\ncentenarius \ncentenarius (sen-t;)-nair-ee-;)s). [fr. Latin centum \"hun\ndred-man\"] Hist. A petty judge or under-sheriff of a \nhundred. See HUNDRED. \nCenter for Minority Veterans. A unit in the U.S. Depart\nment ofVeterans Affairs responsible for promoting the \nuse ofVA services, benefits, and programs by minority \nveterans. [Cases: Armed Services (;=102.] \nCenter for Women Veterans. A unit in the U.S. Depart\nment ofVeterans Affairs responsible for advising female \nveterans about VA programs and for evaluating VA \nprograms to ensure access by women. [Cases: Armed \nServices.(;::::c 102.] \ncenter-of-gravity doctrine. Conflict oflaws. The rule \nthat, in choice-of-Iaw questions, the law of the juris\ndiction with the most significant relationship to the \ntransaction or event applies. -Also termed signiftcant\nrelationship theory; grouping-oj-contacts theory. [Cases: \nAction C::) 17.] \nCenters for Disease Control and Prevention. An agency \nin the U.S. Department ofHealth and Human Services \nresponsible for conducting medical research, promot\ning disease and injury prevention, and responding to \npublic-health emergencies . This agency was estab\nlished in 1999 when the Department of Health and \nHuman Services was reorganized. Its forerunner was \nthe Communicable Diseases Center, established in \n1964. Abbr. CDC. \ncentesirna (sen-tes-;J-m<l), n. & adj. [Latin \"one-hun\ndredth\"] Roman law. The hundredth part; 1%. See \nUSURAE CENTESIMAE. \nCentral American Court of Justice. A court created \nin 1962 under the 1951 Charter of the Organization \nof Central American States between Costa Rica, El \nSalvador, Guatemala, Honduras, and Nicaragua, \nto guarantee the rights of the various republics to \nmaintain peace and harmony in their relations and to \nprevent recourse to the use of force.This court's pre\ndecessor of the same name was created by a 1908 con\nvention between the same parties, and dissolved in 1918 \nwhen the convention expired. It was re-created in 1962 \nby the Organization of Central American States. \ncentral clearing system. A method offacilitating securi\nties transactions in which an agent or subsidiary of an \nexchange acts as a clearinghouse for member brokerage \nfirms by clearing their checks, settling their accounts, \nand delivering their payments. Most transactions \nare reflected solely by computerized book entries, and \nclearinghouse statements are submitted shOWing the \nnet balance to be paid to reconcile the member firm's \naccounts. \nCentral Criminal Court. The Crown Court sitting \nin London, formerly known as the Old Bailey . The \nCentral Criminal Court, created in 1834, has jurisdic\ntion to try all indictable offenses committed in London. \nSee CROWN COURT. \nCentral Criminal Court Act. See PALMER'S ACT. 254 \ncentral government. See Jederal government (1) under \nGOVERNMENT. \nCentral Intelligence Agency. An independent federal \nagency that compiles intelligence information, conducts \ncounterintelligence activities outside the United States, \nand advises the President and the National Security \nCouncil on matters offoreign intelligence and national \nsecurity. It was created by the National Security \nAct of 1947.50 USC A  401 et seq. -Abbr. CIA. See \nNATIONAL SECURITY Cm;NCIL. \nCentral Office. English law. The primary office for most \nof England's courts . The Central Office was estab\nlished in 1879 to consolidate the masters and associates \nof the common-law courts, and the clerical functions \nof the Crown Office of the Queen's Bench Division, \nthe Report and Enrollment offices of the Chancery \nDivision, and several other offices. \ncentumviri (sen-bm-v;)-n), n. pl. [Latin \"hundred men\"] \nRoman law. A court with jurisdiction to hear important \ncases, esp. those relating to inheritances and disputed \nwills. The court originally consisted of 105 judges 3 \nfrom each of the 35 tribes. \nCEO. abbr. CHIEF EXECUTIVE OFFICER. \nceor} (chorl). Hist. A Saxon freeman who either pos\nsessed no landed property or held land of a thane by \npaying rent or providing services . After the Norman \nConquest, ceorls were reduced to the status of unfree \nvilleins. Under Norman rule, the variant form of the \nword, churl, became associated with a base peasant, \nand soon acquired the connotation of a surly, coarse \nperson (hence the modern meaning). -Also termed \nchurl; cirliscus. \ncepi (see-pI). [Latin] Hist. I have taken . Cepi was often \nused in a capias return by an arresting sheriff, as in cepi \ncorpus et est in custodia (\"I have taken the defendant \n[or body] and he is in custody\"). \n\"But for injuries committed with force to the person, \nproperty, or possession, of the plaintiff, the law, to punish \nthe breach of the peace, and prevent its disturbance in the \nfuture, provided also a process against the defendant's \nperson . ... This process was called a capias ad respon \ndendum, which at once authorised the sheriff to take the \ndefendant, and imprison him till the return-day, and then \nproduce him in court.... If by this process the defen\ndant was arrested, the sheriff returned it with cepi corpus \nindorsed. But notwithstanding this writ commanded the \nsheriff to take and secure him till the returnday. he might, \nat his own peril, have let the defendant continue at large; \nthough he was liable, in case of his non appearance in \ncourt, to make amends to the plaintiff in an action for an \nescape, or to be amerced by the court for the contempt, \nin not producing the body pursuant to the return he had \nmade on the writ.\" George Crompton, Practice Common\nPlaced: Rules and Cases of Practice in the Courts of King's \nBench and Common Pleas xiii-xliii (3d ed. 1787). \ncepi corpus et bail (see-pI kor-pdS et bayt). I have \narrested and then released the defendant on a bail \nbond. \ncepi corpus et committitur (see-pI kor-p;)s et k;)-mit\n;)-t;)r). I have arrested and committed the defendant \n(to prison). \n\n255 \ncepi corpus etest languidus (see-pI kor-Pds et est lang\ngWd-dds). I have arrested the defendant and he is sick. \n This notation in a sheriff's return indicated that the \ndefendant was too sick to be moved safely from the \nplace ofarrest. \ncepi corpus etparatum habeo (see-pI kor-pds et pd-ray\ntdm hay-bee-oh). I have made an arrest and am ready \nto produce the defendant. \ncepit (see-pit). [Latin] Hist. He took. This was the \nmain verb in a declaration in an action for trespass \nor replevin. \ncepit et abduxit (see-pit et ab-duk-sit). [Latin] Hist. He \ntook and led away. This declaration appeared in either \na writ of trespass or a larceny indictment for theft of \nan animal. \ncepit et asportavit (see-pit et as-por-tay-vit). [Latin] Hist. \nHe took and carried away . This declaration appeared \nin either a writ of trespass or a larceny indictment for a \ndefendant's wrongfully carrying away goods. \ncepit in alia loco (see-pit in ay-lee-oh lob-kohl. [Latin] \nHist. He took in another place . This phrase appeared \nin a replevin-action pleading in which a defendant \nasserted that the property had been taken at a place \nother than that named in the plaintiff's declaration. \nCEQ. abbr. COUNCIL ON ENVIRONMENTAL QUALITY. \ncerage (seer-ij). See WAX SCOT. \ncera impressa (seer-d im-pres-d). [Latin \"impressed \nwax\"] Hist. An impressed seal.  Cera impressa orig\ninally referred only to wax seals, but later came to \ninclude any impressed seal, regardless ofthe substance \nimpressed. See SEAL. \n''The courts have held that an impression made on wafers \nor other adhesive substance capable of receiving an \nimpreSSion comes within the definition of 'cera impressa.' If \nthen wax be construed to be merely a general term includ\ning any substance capable of receiving and retaining the \nimpression of a seal, paper, if it has that quality, may well \nbe included in the category. The machine now used to \nimpress public seals does not require any substance to \nreceive or retain the impression, which is as well defined, \nas durable less likely to be defaced than that made on \nwax. It is the seal which authenticates, not the substance \nimpressed.\" William C. Anderson, A Dictionary ofLaw 926 \n(1889). \nceratium (si-ray-shee-dm). See WAX SCOT. \nCERCLA (sar-kla). abbr. Comprehensive Environmental \nResponse, Compensation, and Liability Act of 1980. \n This statute holds responsible parties liable for the \ncost of cleaning up hazardous-waste sites. 42 USCA \n 9601 et See SUPERFUND. [Cases: Environmental \nLaw \n\"CERCLA is probably the most controversial environmental \nlaw ever enacted. Supporters praise it as a vital program \nto safeguard human health and the environment from \nthe toxic consequences of decades of irresponsible waste \nhandling. Citing cost estimates ranging up to $750 billion, \ncritics deride it as an extraordinarily expensive measure \nwhich imposes crippling liability on innocent parties to \nfund deanups which are either unnecessary or largely \nineffective.\" John G. Sprankling & Gregory S. Weber, The \nLaw ofHazardous Wastes and Toxic Substances in a Nutshell \n256 (1997). certificate of assize \nceremonial marriage. See MARRIAGE (3). \ncert. abbr. CERTIORARI. \ncertain contract. See CONTRACT. \ncertans de damno vitando (sar-tanz dee dam-noh VI\ntan-doh). [Law Latin] Hist. Striving to avoid a loss. \ncertans de lucro captando (sar-tanz dee loo-kroh kap\ntan-doh). [Law Latin] Hist. Striving to make a gain; \nattempting to obtain an advantage. \ncertificando de recognitione stapulae (s<'lr-ti-fi-kan-doh \ndee rek-<'lg-nish-ee-oh-nee stay-pYd-Iee). [Law Latin \n\"by certifying the recognition of the statute staple\"] \nHist. A writ commanding the holder of certain com\nmercial debt instruments (i.e., the mayor ofthe staple) \nto certify to the lord chancellor the existence and \nterms of a statute staple (i.e., a bond for commercial \ndebt) wrongfully detained by a party to the bond. See \nSTATUTE STAPLE. \ncertificat d'utilite. Patents. [French] L\"TILITY MODEL. \ncertificate, n. (15c) 1. A document in which a fact is \nformally attested <death certificate>. See STOCK CER\nTIFICATE. 2. A document certifying the bearer's status \nor authorization to act in a specified way <nursing cer\ntificate>. 3. A notice by one court to another court of \nthe action it has taken <when issuing its opinion, the \nSeventh Circuit sent a certificate to the Illinois Supreme \nCourt>. \ncert"}
{"text": "has taken <when issuing its opinion, the \nSeventh Circuit sent a certificate to the Illinois Supreme \nCourt>. \ncertificate creditor. See CREDITOR. \ncertificated security. See SECURITY. \ncertificate into chancery. English law. The decision of \na common-law court on a legal question submitted by \nthe chancery court. \ncertificate land. See LAND. \ncertificate ofacknowledgment. See ACKNOWLEDGMENT \n(5). \ncertificate of amendmeut. A document filed with a \nstate corporation authority, usu. the secretary ofstate, \nreflecting changes made to a corporation's articles of \nincorporation. [Cases: Corporations (;::::040.] \ncertificate ofappealability. In an appeal from the denial \noffederal habeas corpus relief, a document issued by a \nUnited States circuit judge certifying that the prisoner \nshowed that a constitutional right may have been \ndenied. 28 USCA  2253(c)(2) . The prisoner does not \nhave to show that the case would succeed on the merits, \nonly that reasonable jurists would find the claim at least \ndebatable. Miller-EI v. Cockrell, 537 U.S. 322, 123 S.Ct. \n1029, 1039 (2003). If the certificate is not issued, no \nappeal is possible. 28 USCA  2253 (c)(l); Fed. R. App. \nP. 22(b). -Abbr. COA. Also termed (before 1996) \ncertificate ofprobable cause (Abbr. CPC); certificate of \nreasonable doubt; writ ofprobable cause . [Cases: Habeas \nCorpus (;::::0818.] \ncertificate ofassize. Hist. In England, a writ granting a \nretrial.  The certificate ofassize has been replaced by \na court order granting a new trial. \n\ncertificate ofauthority. (1808) 1. A document authen\nticating a notarized document that is being sent to \nanother jurisdiction . The certificate assures the \nout-of-state or foreign recipient that the notary public \nhas a valid commission. -Also termed certificate of \ncapacity; certificate of official character; certificate of \nauthentication; certificate ofprothonotary; certificate of \nmagistracy; apostille; verification. 2. A document issued \nby a state agency, usu. the secretary of state, granting \nan out-of-state corporation the right to do business in \nthe state. Also termed (in some states) certificate of \nqualification. [Cases: Corporations C=c648.] \ncertificate of bad faith. In a case in which a party has \nbeen allowed to proceed in a United States District \nCourt in forma pauperis, a court-issued document \nattesting that an appeal by that party would be frivo\nlous and therefore should not be allowed unless the \nparty pays the ordinary filing fees and costs. 28 USCA \n 1915 (a)(3). Cf. CERTIFICATE OF GOOD FAITH. [Cases: \nFederal Civil Procedure C=c2734.] \ncertificate of capacity. See CERTIFICATE OF AUTHOR\nITY (1). \ncertificate of conference. (l979) A section ofa pleading \nor motion filed with the court, usu. contained sepa\nratelyon a page near the end of the document, whereby \nthe party filing the pleading or motion certifies to the \ncourt that the parties have attempted to resolve the \nmatter, but that a judicial determination is needed \nbecause an agreement could not be reached . Courts \nrequire some motions to have a certificate of confer\nence attached to them. This compels the parties to try \nto resolve the issue themselves, without burdening the \ncourt unless necessary. Fed. R. Clv. P. 26(c), 37. \ncertificate of convenience and necessity. A certificate \nissued by an administrative agency granting operat\ning authority to a utility or transportation company. \nAlso termed certificate of public convenience and \nnecessity. [Cases: Automobiles Carriers \nPublic Utilities C=c 113.] \ncertificate ofconviction. A signed and certified warrant \nauthorizing a person's imprisonment after an adjudica\ntion of guilt. \ncertificate of correction. 1. A document that corrects \nan error in an official document, such as a certificate \nof incorporation. 2. Patents. A document issued by \nthe U.S. Patent and Trademark Office after a patentee \nor assignee rectifies a minor error unrelated to either \nquestions ofownership or else defects in a patent appJi\ncation's specifications or drawings . The certificate can \ncorrect only three types oferrors: (1) mistakes made by \nthe PTO, (2) minor clerical or typographical errors, and \n(3) the omission or misidentification of an inventor's \nname. 35 USCA  254-256. Cf. reissue patent under \nPATENT (3). [Cases: Patents \ncertificate of deposit. (1846) 1. A banker's certificate \nacknowledging the receipt ofmoney and promising to \nrepay the depositor. Also termed certificate ofindebt\nedness. 2. A bank document showing the existence of a time deposit, usu. one that interest. -Abbr. CD. \n[Cases: Banks and Banking 152.] \nnegotiable certificate ofdeposit. A security issued by a \nfinancial institution as a short-term source offunds, \nusu. with a fixed interest rate and maturity ofone year \nor less. [Cases: Banks and Banking C=c152.] \ncertificate of discharge. See SATISFACTION PIECE. \ncertificate of dishonor. See NOTICE OF DISHONOR. \ncertificate ofdissolution. A document issued by a state \nauthority (usu. the secretary of state) certifying that a \ncorporation has been dissolved. \ncertificate ofelection. A document issued by a governor, \nboard of elections, or other competent authority cer\ntifying that the named person has been duly elected. \n[Cases: Elections C=c 126(7), 265.J \ncertificate ofgood faith. In a case in which a party has \nbeen allowed to proceed in a United States District \nCourt in forma pauperis, a document issued by the \ncourt attesting that an appeal by the party would not \nbe frivolous, so the party should not be required to pay \ncosts or security . District judges occaSionally issue \ncertificates of good faith even though they are never \nrequired: a party is allowed to appeal in forma pauperis \nunless the court issues a certificate of bad faith. 28 \nUSCA  1915(a)(3). Cf. CERTIfICATE OF BAD FAITH. \n[Cases: Federal Civil Procedure~' 2734.] \ncertificate ofholder of attached property. A certificate \ngiven by a person who holds but does not own \nproperty attached by a sheriff . The certificate sets \nforth the holder's interest in the property. [Cases: \nAttachment C~)187.] \ncertificate of incorporation. (18c) 1. A document \nissued by a state authority (usu. the secretary of state) \ngranting a corporation its legal existence and the right \nto function as a corporation. Also termed charter; \ncorporate charter. 2. ARTICLES OF INCORPORATION. \n[Cases: Corporations (:::::> 18.] \ncertificate of indebtedness. 1. See DEBENTURE. 2. See \nTREASL'RY BILL. 3. See CERTIFICATE OF DEPOSIT (1). \ncertificate of insurance. A document acknowledging \nthat an insurance policy has been written, and setting \nforth in general terms what the policy covers. [Cases: \nInsurance \ncertificate of interest. Oil & gas. A document evidenc\ning a fractional or percentage ownership in oil-and-gas \nproduction. \ncertificate of magistracy. See CERTIFICATE OF AL'THOR\nITY (1). \ncertificate ofmarriage. See MARRIAGE CERTIFICATE. \ncertificate of merit. A certificate, Signed by the plain\ntiff's attorney and filed with the complaint in a civil \nsuit, declaring that the plaintiff's attorney has con\nferred with at least one competent expert and after\nward concluded that the suit has merit . Many states \nhave a law mandating certificates of merit in certain \ntypes of cases, such as professional malpractice. The \n\n257 \nlaw's purpose is to weed out frivolous claims as early \nas possible. Jn those states, if a certificate is not filed \nwith the complaint, the action is usu. dismissed. Ifthe \nlaw requires the certificate to be signed under oath or \npenalty of perjury, it is sometimes called an affidavit of \nmerit. [Cases: Attorney and Client c?129(1); Health \n~804;Negligence {.;: 1506.] \ncertificate of occupancy. A document indicating that \na building complies with zoning and building ordi\nnances, and ready to be occupied. - A certificate of \noccupancy is often required before title can be trans\nferred and the building occupied. [Cases: Health \n392; Zonillg and Planning ~371.] \ncertificate of official character. See CERTIFICATE OF \nAUTHORITY (1). \ncertificate of probable cause. See CERTIFICATE OF \nAPPEALABILITY. \ncertificate of proof. See PROOF OF ACKNOWLEDGMENT. \ncertificate of protest. See NOTICE OF DISHONOR. \ncertificate of prothonotary. See CERTIFICAn: OF \nAUTHORITY (1). \ncertificate ofpublic convenience and necessity. See CER\nTIFICATE OF CONVENIENCE AND NECESSITY. \ncertificate of purchase. A document reflecting a suc\ncessful bid for property at a judicial sale. -The bidder \nreceives a property deed ifthe land is not redeemed or \nifthe sale is confirmed by court order. -Also termed \ncertificate ofsale. [Cases; Judicial Sales (,'-='61.] \ncertificate of qualification. See CERTIFICATE OF \nAUTHORITY (2). \ncertificate of reasonable doubt. See CERTIFICATE OF \nAPPEALABILITY. \ncertificate ofredemption. A document issued by a sheriff \nor other statutorily designated officer to a debtor whose \nproperty has been foreclosed as evidence that the debtor \npaid the redemption price for the foreclosed property. \nSee statutory redemption under REDEMPTION. \ncertificate of registration.!. Copyright. A U.S. Copy\nright Office document approving a copyright applica\ntion and stating the approved work's registration date \nand copyright registration number. [Cases: Copyrights \nand Intellectual Property C::>SO.25.] 2. Trademarks. A \ndocument affirming that the U.S. Patent and Trademark \nOffice has allowed and recorded a trademark or ser\nvicemark. -The certificate identifies (1) the registered \nmark, (2) the date offirst use, (3) the type ofproduct or \nservice the mark applies to, (4) the registration number \nand date, (5) the registration's term, (6), the original \napplication date, and (7) any conditions or limitations \non registration. [Cases; Trademarks ~1249.J \ncertificate ofregistry. Maritime law. A document certi\nfying that a ship has been registered as required by law. \nSee REGISTRY (2). [Cases; Shipping C;)S.] \ncertificate of rehabilitation.!. A document issued in \nsome states by a court or other authorized governmen\ntal agency, such as a parole board, as evidence that a certification of labor union \nconvicted offender is entitled to recover at least some of \nthe rights and privileges of citizenship. -The terms and \nconditions under which certificates of rehabilitation \nare issued vary widely among the states that use them. \nSome states, such as New York, issue different kinds of \nrehabilitation certificates based on the number or type \nof convictions. [Cases: Convicts 2. A document \nissued by a (usu.local) government on the renovation, \nrestoration, preservation, or rehabilitation ofa historic \nbuilding. -The certificate usu. entitles the property \nowner to favorable tax treatment. 3. A document attest\ning that substandard housing has been satisfactorily \nrenovated and meets hOUSing-code standards. \ncertificate ofsale. See CERTIFICATE OF PURCHASE. \ncertificate of service. (1819) A section of a pleading or \nmotion filed with the court, usu. contained separately \non the last page, in which the filing party certifies to \nthe court that a copy has been mailed to or otherwise \nserved on all other parties. - A certificate of service \nis usu. not included with the initial pleading that the \nplaintiff files to begin a suit, because that pleading is \nusu. filed before it is served (although the plaintiff may \nbe required to file proof of service). Other pleadings \nand motions are usu. required to have a certificate \nof service. Fed. R. Civ. P. Sed). -Also termed proof \nofservice. [Cases: Federal Civil Procedure ~66S; \nPleading ~336; Process ~132.] \ncertificate ofstock. See STOCK CERTIFICATE. \ncertificate oftide. (1831) A documentindicating owner\nship of real or personal property. UCC  9-102(a)(1O). \nThis document usu. identifies anv liens or other encum\nbrances. [Cases; Property~9.j \ncertification, n. (ISc) 1. 'Ihe act ofattesting. 2. 'The state \nof having been attested. 3. An attested statement. 4. The \nwriting on the face of a check by which it is certified. \n5. A procedure by which a federal appellate court asks \nthe U.S. Supreme Court or the highest state court to \nreview a question oflaw arising in a case pending before \nthe appellate court and on which it needs gUidance. \n-Certification is commonly used with state courts, \nbut the U.S. Supreme Court has steadily restricted \nthe number of cases it reviews by certification. See \n28 USCA  1254(2). Cf. CERTIORARI. [Cases: Federal \nCourts C~392, 463.] \ncertification authOrity. An organization that issues \ndigital certificates and maintains a database of cer\ntificates available on the Internet. -Many states have \nlicenSing laws for certification authorities. -Also \ntermed certifying authority. Abbr. CA. \ncertification hearing. See transfer hearing under \nHEARING. \ncertification mark. See certification trademark under \nTRADEMARK. \ncertification of bargaining agent. See UNION CERTIFI\nCATION. \ncertification oflabor union. See UNION CERTIFICA\nTION"}
{"text": "aining agent. See UNION CERTIFI\nCATION. \ncertification oflabor union. See UNION CERTIFICA\nTION. \n\n258 certification to state court \ncertification to state court. The procedure by which a \nfederal court ofappeals defers deciding a novel question \nof state law by certifying the question to the highest \ncourt of the state. See CERTIFICATION (5). [Cases: \nFederal Courts <:::::=,392.] \ncertification trademark. See TRADEMARK. \ncertified check. See CHECK. \ncertified copy. See COPY. \ncertified file history. Patents. A patent application \ntogether with records of all proceedings and corre\nspondence related to its prosecution, as certified by the \nu.s. Patent and Trademark Office for appeals, arbitra\ntion, and other postprosecution proceedings. Cf. FILE \nWRAPPER. [Cases: Patents c;:::, 160.] \ncertified financial planner. See FINANCIAL PLANNER. \ncertified financial statement. See FINANCIAL STATE\nMENT. \ncertified juvenile. See JGVENILE. \ncertified mail. See MAIL. \ncertified military lawyer. See LAWYER. \ncertified public accountant. See ACCOUNTANT. \ncertified question. (1835) A point of law on which a \nfederal appellate court seeks guidance from either the \nU.S. Supreme Court or the highest state court the \nprocedure ofcertification. [Cases: Federal Courts \n392,463.] \ncertify, vb. (14c) 1. To authenticate or verify in writing. \n2. To attest as being true or as meeting certain criteria. \n3. (Of a court) to issue an order allowing a class of \nlitigants to maintain a class action; to create (a class) \nfor purposes ofa class action. See CERTIFICATION. Cf. \nDECERTIFY. certified, adj. \ncertifying authority. See CERTIFICATION AUTHORITY. \ncertiorari (s\"r-shee-a-rair-I or -rair-ee or -rah-ree). [Law \nLatin \"to be more fully informed\"] (15c) An extraordi\nnary writ issued by an appellate court, at its discretion, \ndirecting a lower court to deliver the record in the case \nfor review . The writ evolved from one ofthe preroga\ntive writs ofthe English Court ofKing's Bench, and in \nthe United States it became a general appellate remedy. \nThe U.S. Supreme Court uses certiorari to review most \nofthe cases that it decides to hear. -Abbr. cert. -Also \ntermed writ ofcertiorari. C CERTIFICATION (S). [Cases: \nCertiorari c;:::, L] \n\"The established method by which the Court of King's \nBench from the earliest times exercised superintendence \nover the due observance of their limitations by inferior \ncourts, checked the usurpation of jurisdiction, and main \nrained the supremacy of the royal courts, was by writs of \nprohibition and certiorari. A proceeding by writ of certio \nrari (cause to be certified) is a special proceeding by which \na superior court requires some inferior tribunal, board. or \njudicial officer to transmit the record of its proceedings for \nreview, for excess of jurisdiction. It is similar to a writ of \nerror, in that it is a proceeding in a higher court to super \nintend and review judicial acts, but it only lies in cases \nnot appealable by writ of error or otherwise.\" Benjamin J. \nShipman, Handbook ofCommon Law Pleading  340, at 541 \n(Henry Winthrop Ballantine ed., 3d ed. 1923). \"The discretionary writ of certiorari has come to control \naccess to almost all branches of Supreme Court jurisdic \ntion. Appeal jurisdiction has been narrowly limited, and \ncertification of questions from federal courts of appeals \nhas fallen into almost complete desuetude. Certiorari \ncontrol over the cases that come before the Court enables \nthe Court to define its own institutional role.\" Charles Alan \nWright et aI., Federal Practice and Procedure  4004, at 22 \n(2d ed. 1996). \n\"The writ of certiorari (from the Latin certiorar'ie \"in form\") \nis used today in the United States as a general vehicle of \ndiscretionary appeal. Historically, however, the writ had a \nmuch narrower function. It lay only to inferior courts and \nonly to demand that the record be 'certified' and sent to \nthe King's Bench to see ifthat [inferior] court had exceeded \nits power in particular cases. It was most frequently used \nto review criminal indictments and local administrative \norders, and was often used to examine the statutory \nauthority for acts of administrative bodies created by \nstatute.\" Daniel R. Coquillette, The AngloAmerican Legal \nHeritage 248 (1999). \ncertiorari/acias (sdr-shee-a-rair-I fay-shee-as). [Latin \n\"a cause to be certified\"] The command of a writ of \ncertiorari, referring to certification ofthe court record \nfor review. \nlimited certiorari. See narrow certiorari. \nnarrow certiorari. Certiorari limited to reviewing \nquestions about jurisdiction, the regularity of the \nproceeding, the exercise of unauthorized powers, \nand constitutional rights. Narrow certiorari is \nusu. applied to appeals from arbitrators' awards or \nthe decisions of state agencies. It is most common \nin Pennsylvania. -Also termed limited certiorari. \n[Cases: Certiorari (;:::>64(1).] \ncertiorari petition. See PETITION. \ncert pool. A group ofclerks in the U.S. Supreme Court \nwho read petitions for certiorari and write memoran\ndums fOf the justices with a synopsis of the facts and \nissues and often a recommendation ofwhether a grant \nofcertiorari is warranted. \n\"The cert pool is not without its critics. Some commenta \ntors have contended that inexperienced clerks in the cert \npool give short shrift to cases of practical importance in \nfavor of cases presenting esoteric legal questions .... \nOther critics have contended that the cert pool does little \nto advance its stated goal of efficiency.... Pool clerks fre \nquently must take the time to formally summarize petitions \nthat would occasion only a brief, candid recommendation \nto 'deny' from their own Justices.\" Robert L. Stern et aI., \nSupreme Court Practice 291 (8th ed. 2002). \ncertum an et quantum debeatur? (S3r-t\"m an et \nkwon-t\"m dee-bee-ay-t\"r). [Law Latin] Hist. Certain \nwhether there is a debt due at all, and how much is \nowed?  These were the two questions that had to be \nresolved before a defendant could make a plea in com\npensation. \ncertus plegius (S\"f-t<}S plee-jee-ds). [Latin \"sure pledge\"] \nSee SALVUS PLEGIUS. \ncertworthy, adj. (1965) Slang.{Ofa case or issue) deserv\ning of review by writ of certiorari. -certworthiness, \nn. \ncess (ses), n. Hist. 1. English law. An assessment or tax. 2. \nScots law. A land tax. -Also spelled cesse; sess. \n\n259 \ncessation-of-production clause. Oil & gas. A lease provi\nsion that specifies what the lessee must do to maintain \nthe lease if production stops. The purpose of the \nclause is to avoid the uncertainties of the temporary\ncessation-of-production doctrine. Cf. TEMPORARY-CES\nSATION-OF-PRODUCTION DOCTRINE. [Cases: Mines and \nMinerals C=>78.1(9).] \n\"Many oil and gas leases contain provisions intended to \ngive lessees more certainty than is given by the temporary \ncessation of production doctrine. Usually, such provision \ntakes the form of a temporary cessation of production \nclause, a provision in the lease that states that the lease \nwill be maintained so long as production does not cease for \nmore than an agreed period of time, usually sixty to ninety \ndays... : So long as sixty days does not elapse without \noperations on the property, the lease will not terminate \neven though there is no production.\" John S. Lowe, Oil and \nGas Law in a Nutshell 258 (3d ed. 1995). \ncessavit per biennium (se-say-vit par bI-en-ee-Jm). \n[Latin \"he ceased for two years\"] Hist. A writ of right \navailable to a landlord to recover land from a tenant \nwho has failed to pay rent or provide prescribed services \nfor a two-year period . The writ could also be used to \nrecover land donated to a religious order if the order \nhas failed to perform certain spiritual services. -Also \ntermed cessavit. \ncesse. See CESS. \ncesser (ses-Jr). 1. Hist. A tenant whose failure to pay rent \nor perform prescribed services gives the landowner \nthe right to recover possession of the land. -Also \nspelled cessor; cessure. 2. The termination ofa right or \ninterest. \n\"A proviso of cesser is usually annexed to long terms, raised \nby mortgage, marriage settlement, or annuity, whereby the \nterm is declared to be determinable on the happening of \na certain event; and until the event prOVided for in the \ndeclaration of cesser has occurred, the term continues.\" 4 \nJames Kent, Commentaries on American Law'90 (George \nComstock ed., 11th ed. 1866). \n\"The cesser of a term, annuity or the like takes place when \nit determines or comes to an end. The expression was \nformerly chiefly used with reference to long terms of \nyears created by a settlement for the purpose of securing \nportions, etc., given to the objects of the settlement. In \nsuch cases, it was usual to introduce a proviso that the \nterm should cease when the trusts thereof were satisfied \n(as, for example, on the death of the annuitant where the \nterm was created to secure an annuity). This was called a \nproviso for cesser.\" jowitt's Dictionary ofEnglish Law 308 \nUohn Burke ed., 2d ed. 1977). \ncesset executio (ses-<'It ek-sa-kyoo-shee-oh). [Latin \"let \nexecution stay\"] An order directing a stay of execu\ntion. \ncesset processus (ses-<'It proh-ses-as). {Latin \"let process \nstay\"] An order entered on the record directing a stay \nof a legal proceeding. \ncessio (sesh-ee-oh). [Latin \"cession\"] A relinquishment \nor assignment; CESSION. \ncessio actionum (sesh-ee-oh ak-shee-oh-nJm). [Latin] \nRoman law. The assignment ofan obligation by allowing \na third party to (1) sue on the obligation in the name of \nthe party entitled to it, and (2) retain the proceeds. cestui que vie \ncessio bonorum (sesh-ee-oh bJ-nor-am). [Latin \"cession \nof goods\"] Roman law. An assignment of a debtor's \nproperty to creditors. [Cases: Debtor and Creditor \n(>1, 12.] \n\"It was the Roman equivalent of modern bankruptcy .... \n[Olne who thus made cessio bonorum would not become \ninfamis, was never liable in future beyond his means, \nfor the old debts, and was not liable to personal seizure \nthereafter in respect ofthem.\"W.w. Buckland, A Manual of \nRoman Private Law 388 (2d ed. 1939). \ncessiofori (sesh-ee-oh for-I). [Latin] Hist. The giving up \nofbusiness; the act ofbecoming bankrupt. \ncessio in jure (sesh-ee-oh in joor-ee). [Latin \"transfer in \nlaw\"] Roman law. A fictitious action brought to convey \nproperty, whereby the claimant demanded certain \nproperty, the owner did not contest the claim, and a \nmagistrate awarded the property to the claimant. \ncession (sesh-an). (lSc) 1. The act of relinquishing \nproperty rights. 2. Int'llaw. The relinquishment or \ntransfer of land from one nation to another, esp. after \na war. as part ofthe price ofpeace. [Cases: Indians \n155.] 3. The land so relinquished or transferred. \ncessionary bankrupt. See BANKRUPT. \ncessment (ses-mant). Hist. An assessment or tax. \ncessor. See CESSER. \ncessure. See CESSER. \ncestui (set-ee or ses-twee). [French \"he who\"] (l6c) A \nbeneficiary. Also spelled cestuy. \ncestui que trust (set-ee [or ses-twee] kee [or ka] tr;)st). \n[Law French] (lSc) Archaic. One who possesses equi\ntable rights in property, usu. receiving the rents, issues, \nand profits from it; BENEFICIARY. Also termed fide\ncommissary;fidei-commissarius. PI. cestuis que trust \nor (erroneously) cestuis que trustent. [Cases: Trusts \nC=,139.] \n\"[AJn alternative name for the beneficiary is 'cestui que \ntrust,' an elliptical phrase meaning 'he [forJ= whose \n[benefit the] trust [was created\\.' In this phrase cestui is \npronounced 'settee' (with the accent on the first syllable), \nque is pronounced 'kee,' and trust as in English. Grammati\ncally the plural should be cestuis que trust(pronounced like \nthe singular); but by an understandable mistake it is some \ntimes written cestuis que trustent, as if trust were a verb.\" \nGlanville Williams, Learning the Law 10 (11th ed. 1982). \ncestui que use (set-ee [or ses-twee] kee [or ka] yoos). [Law \nFrench] (16c) Archaic. The person for whose use and \nbenefit property is being held by another, who holds the \nlegal title to the property. PI. cestuis que use or (errone\nously) cestuis que usent. [Cases: Trusts 131.] \n\"The basis of this institution was the transfer of property to \na trusted friend, who was to hold it not for personal benefit \nbut for the purpose of carrying out the transferor's instruc\ntions. The person to whom the land was conveyed for this \npurpose was the 'feoffee to uses'; the person for whose \nbenefit the land was"}
{"text": "the land was conveyed for this \npurpose was the 'feoffee to uses'; the person for whose \nbenefit the land was conveyed the beneficiary -was \nthe 'cestui que use' ... , from the law French 'cestui a que \nuse Ie feoffment fuit fait,''' Peter Butt, Land Law  702, at \n97 (3d ed. 1996). \ncestui que vie (set-ee [or ses-twee] kee [or b] vee). \n[Law French] (17c) The person whose life measures the \n\n260 cestuy \nduration of a trust, gift, estate, or insurance contract. \nCf. MEASURING LIFE. [Cases: Life Estates C:=> 1.] \n\"Illet us assume that A instead transfers 'to Efor the life of \nA.' Since A has used his own life as the measuring life of E's \nestate, A has given away all that he had. Because E's estate \nis measured by the life of someone other than himself, \nhis estate is called an estate pur autre vie. A, whose life \nis the measuring life, is called the cestui que vie.\" Thomas \nF. Bergin & Paul C. Haskell, Preface to Estates in Land and \nFuture Interests 36 (2d ed. 1984). \ncestuy. See CESTUI. \nceteris paribus (set-J-ris par-J-bJs). [Latin] Other things \nbeing equal. -Also spelled caeteris paribus. \nceteris tacentibus (set-d-ris ta-sen-td-bJs). [Latin] Hist. \nThe others being silent. -This phrase appeared in \nserially printed law reports after an opinion by one \njudge. It referred to the judges who did not vote or \nexpress an opinion. Also spelled caeteris tacentibus. \nSee SERIATIM. \nd. abbr. [Latin conferJ (1850) Compare. -As a citation \nSignal, cf. directs the reader's attention to another \nauthority or section of the work in which contrasting, \nanalogous, or explanatory statements may be found. \nC.F. abbr. COST AND FREIGHT. \nCFC. See controlled foreign corporation under CORPO\nRATION. \nCFO. abbr. CHIEF FINANCIAL OFFICER. \nCFP. abbr. CertifIed financial planner. See FDIANCIAL \nPLANNER. \nCFR. abbr. L CODE OF FEDERAL REGULATIONS. 2. COST \nAND FREIGHT. \nCFTC. abbr. COMMODITY FUTURES TRADING COMMIS\nSION. \nCGL insurance. See comprehensive general-liability \ninsurance under INSURANCE. \nCGL policy. 1. See commercial general-liability policy \nunder INSURANCE POLICY. 2. See comprehensive gen\neral-liability policy under INSURANCE POLICY. \nch. abbr. 1. Chapter. 2. Chancellor. 3. Chancery. 4. \nChief. \nChace Act. Hist. Copyright. An 1891 statute giving U.S. \ncopyright protection to the citizens of other nations \nthat in turn gave a similar degree of reciprocal protec\ntion to U.S. citizens. -The Act was invoked by presi\ndential order or by treaty, primarily with European \ncountries. Under the Act's manufacturing clause, \nEnglish-language books and other printed matter had \nto be produced in the U.S. or Canada in order to qualify \nfor domestic protection. -Also termed 1891 Copyright \nAmendment Act. \nchad. The small bit of precut paper that is attached to a \npunch-card ballot by several points and punched out \nby a voter to cast a vote. _ Because most punch-card \nballots are machine-read, the chad must be completely \nseparated from the ballot for the vote to be counted. \nThe results of the closely contested 2000 presidential \nelection were delayed for several weeks because more than 40,000 ballots with partially attached chads had to \nbe hand-counted. [Cases: Elections C:=>227(9).J \ndimpled chad. A chad that is bulging but not pierced, \nwith all its points attached to the ballot. -Sometimes \ntermed pregnant chad. \nhanging chad. A chad that is attached to the ballot by \na Single point. \npregnant chad. See dimpled chad. \nswinging-door chad. A chad that is attached to the \nballot by two points. \ntri-chad. A chad that is attached to the ballot by three \npoints. \nchafewax (chayf-waks). Hist. A chancery officer who \nheated (or chafed) wax to seal writs, commissions, \nand other instruments. -The office was abolished in \n1852. -Also spelled chaffwax. \nchaffer (chaf-Jr), vb. To bargain; negotiate; haggle; dicker. \nFor offer to chaffer, see INVITATION TO NEGOTIATE. \nchain-certificate method. (1966) The procedure for \nauthenticating a foreign official record by the party \nseeking to admit the record as evidence at trial. See \nFed. R. Civ. P. 44. [Cases: EvidenceC:=>341.J \nchain conspiracy. See CONSPIRACY. \nchain gang. A group of prisoners chained together to \nprevent their escape while working outside a prison. \nchain ofcausation. (ISc) 1. A series of events each caused \nby the previous one. 2. The causal connection between \na cause and its effects. Cf. CAUSATION. [Cases: Negli\ngence e:-:432.J \nchain-of-causation rule. Workers' compensation. The \nprinciple that an employee's suicide is compens\nable under workers' compensation statutes if the \nemployee suffered an earlier work-related injury that \nled to a mental disorder resulting in the suicide. [Cases: \nWorkers' Compensation ~'c::.)546, 603, 799.J \nchain of custody. (1947) 1. The movement and location \nofreal evidence, and the history ofthose persons who \nhad it in their custody, from the time it is obtained to \nthe time it is presented in court. [Cases: Criminal Law \nC:=>404.30; Evidence C:=> 188.] \n\"Chain of custody requires testimony of continuous posses\nsion by each individual having possession, together with \ntestimony by each that the object remained in substantially \nthe same condition during its presence in his possession. \nAll possibility of alteration, substitution or change of \ncondition need not be eliminated. For example, normally \nan object may be placed in a safe to which more than \none person had access without each such person being \nproduced. However the more authentication is genuinely \nin issue, the greater the need to negate the possibility of \nalteration or substitution.\" Michael H. Graham, Federal \nRules of Evidence In a Nutshell 402 (3d ed. 1992). \n2. The history ofa chattel's possession. -Also termed \nchain ofpossession. \nchain oftitle. (I8c) 1. The ownership history of a piece \nofland, from its first owner to the present one. -Also \ntermed line of title; string of title. 2. The ownership \nhistory of commercial paper, traceable through the \n\n261 \nindorsements . For the holder to have good title, every \nprior negotiation must have been proper. Ifa necessary \nindorsement is missing or forged, the chain of title is \nbroken and no later transferee can become a holder. \nchain-referral scheme. See PYRAMID SCHEME. \nchair. Parliamentary law. 1. A deliberative assem\nbly's presiding officer <the chair calls for order>. See \nPRESIDE. 2. The presiding officer's seat <take the chair>. \n3. The officer who heads an organization <the treasurer \nreports directly to the chair>. Also termed chairman \n(of a male chair, in senses 1 & 3); chairwoman (of a \nfemale chair, in senses 1 & 3); chairperson (in senses \n1 & 3); moderator (in sense 1); president (in senses 1 & \n3); presiding officer (in sense 1); speaker (in sense 1). \nchair, vb. \n\"The term the chair refers to the person in a meeti ng who \nis actually presiding at the time, whether that person is \nthe regular presiding officer or not, The same term also \napplies to the presiding officer's station in the hall from \nwhich he or she presides, which should not be permitted to \nbe used by other members as a place from which to make \nreports or speak in debate during a meeting, ...\" Henry \nM, Robert, Robert's Rules ofOrder Newly Revised  47, at \n433 (1 Oth ed. 2000), \nchair by decree. A chair appOinted by an outside \nauthority rather than elected by the deliberative \nassembly being presided over. \nchairpro tempore. A chair elected or appointed during \nor in anticipation ofthe regular presiding officer's (or \nofficers') absence from the chair, and whose service \nends when a regular presiding officer resumes the \nchair. Often shortened to chair pro tern. See PRO \nTEMPORE. \nchairman. See CHAIR. \nChairman of Committees of the Whole House. The \nmember of Parliament who presides over the House of \nCommons when it is sitting in committee. \nchairperson. See CHAIR. \nchairwoman. See CHAIR. \nchallenge, n. (I4c) 1. An act or instance offormally ques\ntioning the legality or legal qualifications ofa person, \naction, or thing <a challenge to the opposing party's \nexpert witness>. \nas-applied challenge. (1974) A claim that a law or gov\nernmental policy, though constitutional on its face, \nis unconstitutional as applied, usu. because of a dis\ncriminatory effect; a claim that a statute is uncon\nstitutional on the facts of a particular case or in its \napplication to a particular party. \nBatson challenge. (1987) Procedure. An objection that \nan opposing party has used a peremptory challenge \nto exclude a potential juror on the basis of race, eth\nnicity, or sex. It is named for Batson v. Kentucky, \n476 U.S. 79, 106 S.Ct. 1712 (1986), a criminal case in \nwhich the prosecution struck potential jurors on the \nbasis ofrace. The principle ofBatson was extended in \nlater Supreme Court cases to civil litigants (Edmonson \nv. Leesville Concrete Co., 500 U.S. 614, III S.Ct. 2077 \n(1991)) and to criminal defense attorneys (Georgia challenge \nv. McCollum, 505 U.S. 42, 112 S.ct. 2348 (1992)). \nThe Court also applied it to peremptory challenges \nbased on a juror's sex (J.E.B. v. Alabama, 511 U.S. \n127, 114 S.Ct. 1419 (1994)). See Fed. R. Civ. P. 47(b). \nlCases: Constitutional Law C=3309, 3428; Jury C= \n33(5.15).] \nconstitutional challenge. (1936) A claim that a law or \ngovernmental action is unconstitutional. \nfacial challenge. (1973) A claim that a statute is uncon\nstitutional on its face that is, that it always operates \nunconstitutionally. \n2. A party's request that a judge disqualify a poten\ntial juror or an entire jury panel <the personal-injury \nplaintiff used his last challenge to disqualify a neuro\nsurgeon>. Also termed jury challenge. \ncausal challenge. See challenge for cause. \nchallenge for cause. (17c) A party's challenge supported \nby a specified reason, such as bias or prejudice, that \nwould disqualify that potential juror. -Also termed \nfor-cause; causal challenge; general challenge; chal\nlenge to the poll. [Cases: Jury C=83-108, 124.] \nchallenge propter affectum (prop-t<lr <l-fek-t<lm). A \nchallenge because some circumstance, such as kinship \nwith a party, renders the potential juror incompetent \nto serve in the particular case. \nchallenge propter defectum (prop-t<lr d<l-fek-tJm). A \nchallenge based on a claim that the juror is incompe\ntent to serve on any jury for a reason such as alienage, \ninfancy, or nonresidency. \nchallenge propter delictum (prop-tdr dd-lik-tdm). A \nchallenge based on a claim that the potential juror \nhas lost citizenship rights, as by being convicted ofan \ninfamous crime. See civil death (1) under DEATH. \nchallenge to the array. (16c) A legal challenge to the \nmanner in which the entire jury panel was selected, \nusu. for a failure to follow prescribed procedures \ndesigned to produce impartial juries drawn from a \nfair cross-section of the community . Such a chal\nlenge is either a principal challenge (if some defect \nrenders the jury prima facie incompetent, as where \nthe officer selecting veniremembers is related to the \nprosecutor or defendant) or a challenge for favor (as \nwhere the defect does not amount to grounds for a \nprincipal challenge, but there is a probability of par\ntiality). -Also termed challenge to the jury array. \n[Cases: Jury C=114.] \nchallenge to the favor. A challenge for cause that arises \nwhen facts and circumstances tend to show that a \njuror is biased but do not warrant the juror's auto\nmatic disqualification. See challenge for cause. [Cases: \nJury C=,97(I).] \nchallenge to the poll. See challenge for cause. \ngeneral challenge. See challenge for cause. \nperemptory challenge. (16c) One of a party's limited \nnumber of challenges that do not need to be sup\nported by a reason unless the opposing party makes \na prima facie showing that the challenge was used to \n\n262 challenge \ndiscriminate on the basis of race, ethnicity, or sex. \n-At one time, a peremptory challenge could not be \nattacked and did not have to be explained. But today \nif discrimination is charged, the party making the \nperemptory challenge must give a nondiscrimina\ntory reason for striking the juror. The court must \nconsider several factors in deciding whether the prof\nfered reason is merely a screen for illegal discrim"}
{"text": "striking the juror. The court must \nconsider several factors in deciding whether the prof\nfered reason is merely a screen for illegal discrimina\ntion. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712 \n(1986). Often shortened to peremptory. -Also \ntermed peremptory strike; Sight strike under STRIKE \n(2). See STRIKE (2); Batson challenge under CHAL\nLENGE (I). [Cases: Jury (:::::33(5.15), 134.) \nprincipal challenge. A for-cause challenge that arises \nwhen facts and circumstances support a conclusive \npresumption of a juror's bias, resulting in automatic \ndisqualification. See challenge for cause. [Cases: Jury \n(:::::97(1).] \n3. Military law. An objection to a member of the court \nserving in a court -martial case. - A military judge can \nbe challenged only for cause. [Cases: Military Justice \n884,889.] \nchallenge, vb. 1. To dispute or call into question <the col\numnist challenged the wisdom ofthe court's ruling>. \nchallenge the vote. See DIVIDE THE ASSEMBLY. \n2. To formally object to the legality or legal qualifica\ntions of <the defendant challenged the person's eligibil\nity for jury service>. [Cases: Jury (::::: 124, 134.] \nchamber, n. (13c) l. A room or compartment <gas \nchamber>. 2. A legislative or judicial body or other \ndeliberative assembly <chamber ofcommerce>. 3. The \nhall or room where such a body conducts business <the \nsenate chamber>. -chamber, adj. \njudge's chamber. (usu. pl.) (17c) l. The private room or \noffice ofa judge. 2. Any place where a judge transacts \nofficial business when not holding a session of the \ncourt. See IN CAMERA. [Cases: Judges (:::::27.] \nlower chamber. (1885) In a bicameral legislature, the \nlarger ofthe two legislative bodies, such as the House \nofRepresentatives or the House of Commons. [Cases: \nStates (:::::26.] \nStar Chamber. See STAR CHAMBER. \nupper chamber. (1850) In a bicameral legislature, the \nsmaller of the two legislative bodies, such as the \nSenate or the House of Lords. -Before passage of \nthe House of Lords Act in 1999, the House of Lords \ntraditionally had more members than the House of \nCommons. \nchamber, vb. Slang. (Of a judge) to sit in one's chambers \nat a given location <ChiefJudge Kaye chambers some\ntimes in New York City and sometimes in Albany>. \nchamber business. (1805) Official judicial business con\nducted outside the courtroom. [Cases: Judges (:::::27.] \nchamberlain (chaym-b<:lr-lin). A treasurer; originally, \nthe keeper of the royal treasure chamber. -The term \nhas been used for several high offices in England, such as the Lord Great Chamberlain, Lord Chamberlain of \nthe Household, and Chamberlain of the Exchequer. \nchamberlaria (chaym-b<:lr-Iair-ee-<:l). [Law Latin] Cham\nberlainship; the office ofchamberlain. \nchamber of accounts. French law. A court responsible \nfor adjudicating disputes concerning public-revenue \ncollection. Cf. COURT OF EXCHEQUER. \nchamber ofcommerce. An association of merchants and \nother business leaders who organize to promote the \ncommercial interests in a given area and whose group \nis generally affiliated with the national organization of \nthe same name. \nchampertor (cham-p<:lr-tar), n. (16c) A person who \nengages in champerty; one who supports and promotes \nanother person's lawsuit for pecuniary gain. -Also \ntermed (archaically) campiparticeps. Cf. BARRATOR. \nchampertous (cham-par-t<:ls), adj. (17c) Of, relating to, \nor characterized by champerty; constituting champerty \n<a champertous contract>. \n\"In England and many other countries, the contingent fee \nis prohibited as a form of champerty because it permits \na client to carryon litigation in exchange for a promise \nto the lawyer of a share in the recovery. Although most \nstates in the United States prohibit a lawyer from accept \ning an assignment of a percentage of the client's cause of \naction as a legal fee, they do not similarly condemn, as \nchampertous, contingent fees whereby the lawyer receives \na percentage of the recovery as a fee and no fee at all \nif there is no recovery.\" Robert H. Aronson & Donald T. \nWeckstein, Professional Responsibility in a Nutshell 271-72 \n(2d ed. 1991). \nchamperty (cham-par-tee), n. [fro French champs parti \n\"split field\"] (15c) 1. An agreement between an officious \nintermeddler in a lawsuit and a litigant by which the \nintermeddler helps pursue the litigant's claim as con\nsideration for receiving part ofany judgment proceeds; \nspecif., an agreement to divide litigation proceeds \nbetween the owner of the litigated claim and a party \nunrelated to the lawsuit who supports or helps enforce \nthe claim. Also termed (archaically) campipartia. Cf. \nBARRATRY; MAINTENANCE (6). [Cases: Champerty and \nMaintenance (::::: 1,4.] \n\"There is disagreement in the American courts as to what \nconstitutes champerty. (1) Some courts hold that an agree\nment to look to the proceeds of the suit for compensation \nis champerty.... (2) Some courts hold that in addition \nthe attorney must prosecute the suit at his own cost and \nexpense to constitute champerty .... (3) Some courts hold \neven in a case like (2) that there is no champerty .... (4) \nAll authorities agree that a contract for a contingent fee \nis not champerty if it is not to be paid out of the proceeds \nof the suit .... (5) In some states it is declared that the \ncommon law doctrines of maintenance and champerty \nare unknown ... ; in some the matter is regulated wholly \nby statute .... [AJnd in most there is a marked tendency \nto narrow the doctrines of champerty or to evade them.\" \nWilliam R. Anson, Principles ofthe Law ofContract 294 n.2 \n(Arthur L Corbin ed., 3d Am. ed. 1919). \n\"The rule as to champerty has been generally relaxed under \nmodern decisions and a majority of courts now recognize \nthat an agreement by which the attorney is to receive a \ncontingent fee, i.e., a certain part of the avails of a suit or \nan amount fixed with reference to the amount recovered, \nis valid as long as the attorney does not agree to pay the \nexpenses and costs of the action.\" Walter Wheeler Cook, \n\n263 \n\"Quasi-Contracts,\" in 1 American Law and Procedure 129 \n(1952). \n2. Hist. A writ available to the party who is the target \nof a champertous action. \n\"Champerty is a writ that lies where two men are implead\ning, and one gives the half or part of a thing in plea to a \nstranger, to maintain him against the other; then the party \ngrieved shall have this writ against the stranger.\" William \nRastell, Termes de la Ley 76 (1 st Am. ed. 1812). \nchampion. Hist. A person chosen to represent a defendant \nin trial by combat. _ If the champion lost, the defen\ndant was adjudged gUilty. A champion who survived \nwas fined for intentionally or ignorantly defending an \nunjust cause; one who died was buried in unhallowed \nground. See TRIAL BY COMBAT. \nchance, n. (l4c) 1. A hazard or risk. 2. The unforeseen, \nuncontrollable, or unintended consequences of an act. \n3. An accident. 4. Opportunity; hope. \nchance bargain. Contracts. A transaction in which the \nparties mutually agree to accept the risk that facts and \ncircumstances assumed by the parties at the time of \ncontracting may not actually be what the parties believe \nthey are. -Ifno fraud or misrepresentation is involved, \na court will uphold a chance bargain. For instance, in a \nchance bargain involving a land swap, each deed may \ndescribe a tract as containing a number ofacres \"more \nor less.\" Ifthe tract is actually larger than described, \nthe seller cannot demand more money for the excess. \nAnd if the tract is actually smaller, the disappointed \nbuyer cannot ask for a reduced price to make up for \nthe deficiency. \nchancellor, n. (14c) 1. A judge serving on a court of \nchancery. 2. A university president or CEO ofan insti\ntution of higher education. 3. In the U.S., a judge in \nsome courts of chancery or equity. 4. Scots law. The \npresiding juror. 5. Eccles. law. A law officer who presides \nover the bishop's court. -The chancellor advises and \nassists the bishop in all matters of canon law, both \njuridical and administrative. chancellorship, n. \nChancellor, Lord. See LORD CHANCELLOR. \nChancellor ofthe Exchequer. In England, a government \nminister who controls revenue and expenditures. \nFormerly, the Chancellor sat in the Court of Exche\nquer. \nchancellor's foot. A symbol of the variability of equi\ntable justice. -John Selden, the 17th-century jurist, is \nthought to have coined the phrase in this passage, from \nhis best-known book: \"Equity is a roguish thing. For \nlaw we have a measure, know what to trust to: equity is \naccording to the conscience of him that is Chancellor, \nand as that is larger or narrower, so is equity. 'Tis all one \nas ifthey should make the standard for the measure the \nChancellor's foot. What an uncertain measure would \nthis be! One Chancellor has a long foot, another a short \nfoot, a third an indifferent foot; 'tis the same thing in \nthe Chancellor's conscience.\" Table Talk (1689). \nchance-medley. [fro Anglo-Norman chance medlee \n\"chance scuffle\"] A spontaneous fight during which Chancery Court of York \none participant kills another in self-defense. Also \ntermed chaud-medley; casual affray. Cf. MEDLEY. \n\"But the self-defence, which we are now speaking of, is \nthat whereby a man may protect himself from an assault, \nor the like, in the course of a sudden brawl or quarrel, \nby killing him who assaults him. And this is what the law \nexpresses by the word chance-medley, or (as some rather \nchoose to write it) chaud-medley; the former of which in its \netymology signifies a casual affray, the latter an affray in \nthe heat of blood or passion: both of them of pretty much \nthe same import; but the former is in common speech too \noften erroneously applied to any manner of homicide by \nmisadventure; whereas it appears ... that it is properly \napplied to such killing, as happens in self-defence upon a \nsudden rencounter.\" 4 William Blackstone. Commentaries \non the Laws ofEngland 184 (1769). \nchance-of-survival doctrine. (1991) 1he principle that a \nwrongful-death plaintiff need only prove that the defen\ndant's conduct was a substantial factor in causing the \ndeath -that is, that the victim might have survived but \nfor the defendant's conduct. [Cases: Death \nchancer (chan-s ..r), vb. To adjust according to equitable \nprinciples, as a court ofchancery would. -The practice \narose in parts of New England when the courts had \nno equity jurisdiction, and were compelled to act on \nequitable principles. \n\"The practice of 'chancering' is a very old one. A forfeiture \ncould be 'chancered' under a law of 1699 .... Adjudged \ncases in 1630-1692 may be found in the Records of the \nCourt of Assistants of Massachusetts Bay Colony. The \nearly laws of Massachusetts provided for 'chancering' the \nforfeiture of any penal bond .... In Rhode Island an act \nof 1746 proVided for 'chancerizing' the forfeiture 'where \nany penalty is forfeited, or conditional estate recovered, or \nequity of redemption sued for, whether judgment is con\nfessed or otherwise obtained.'\" 1 John Bouvier, Bouvier's \nLaw Dictionary 456-57 (8th ed. 1914). \nchancery (chan-s ..r-ee). (14c) 1. A court of equity; collec\ntively, the courts of equity. _ '[he term is derived from \nthe court of the Lord Chancellor, the original English \ncourt of equity. Also termed court of chancery; \nchancery court. \n\"Chancery's jurisdiction was complementary to that of the \ncourts of common law it sought to do justice in cases \nfor which there was no adequate remedy at common law. \nIt had originated in the petition, not the writ, of the party \nwho felt aggrieved to the Lord Chancellor as 'keeper of \nthe King's conscience.' In its origins, therefore, Chancery's \nflexible concern for justice complemented admirably the \nformalism of a medieval system of common law which had \nbegun to adhere strictly, perhaps overstrictly on occasion, \nto prescribed forms. By 1800, however, Chancery's system \nwas itself regarded as being both consistent and certain.\" \nA.H. Manchester, Modem Legal History of England and \nWales, 1150-1950135-36 (1980). \n2. The system ofjurisprudence administered in courts \nof equity. See EQUITY. [Cases: Equity 1.] 3. In!'l \nlaw. The place where the head of a diplomatic mission \nand staff have their offices, as distinguished from the \nembassy (where the ambassador lives). \nChancery Court of York. Eccles. law. The ecclesiastical \ncourt of the province of York, responsible for appeals \nfrom provincial diocesan courts. -This court corre\nsponds to the Court ofArches in the Province of Can\nterbury. Cf. COURT OF ARCHES. \n\n264 chancery guardian \nchanc"}
{"text": "of Can\nterbury. Cf. COURT OF ARCHES. \n\n264 chancery guardian \nchancery guardian. See GUARDIAN. \nchance verdict. See VERDICT. \nchange in circumstances. (1899) Family law. A modi\nfication in the physical, emotional, or financial con\ndition of one or both parents, used to show the need \nto modify a custody or support order; esp., an invol\nuntary occurrence that, if it had been known at the \ntime of the divorce decree, would have resulted in the \ncourt's issuing a different decree, as when an invol\nuntary job loss creates a need to modify the decree to \nprovide for reduced child-support payments. Also \ntermed change ofcircumstances; changed circumstances; \nmaterial change in circumstances; substantial change \nin circumstances; change ofcondition. See MODI FICA\nTIOK ORDER. [Cases: Child Custody (;::>555-556; Child \nSupport ~~233-234; Divorce (;::>245(2).] \nchange of condition. 1. Workers' compensation. A \nsubstantial worsening of an employee's physical \nhealth occurring after an award, as a result of which \nthe employee merits an increase in benefits. [Cases: \nWorkers' Compensation C:;:>2005.] 2. Family law. \nCHANGE IN CIRCUMSTANCES. \nchange-of-ownership clause. Oil & gas. A provision in \nan oil-and-gas lease specifying what notice must be \ngiven to a lessee about a change in the leased land's \nownership before the lessee is obliged to recognize the \nnew owner. Also termed assignment clause. [Cases: \nMines and Minerals (;::>74(2).] \nchange of venue. (18c) The transfer of a case from one \nlocale to another court in the same judicial system to \ncure a defect in venue, either to minimize the preju\ndicial impact of local sentiment or to secure a more \nsensible location for trial. Also termed transfer of \nvenue. See VENUE. [Cases: Venue (~33-84.l \nchange order. 1. A modification ofa previously ordered \nitem or service. See VALUE (2). 2. A directive issued \nby the federal government to a contractor to alter the \nspecifications of an item the contractor is producing for \nthe government. [Cases: United States (;::>70(25.1).] \nchanging fund. See FUND (1). \nchannel. (14c) 1. The bed ofa stream ofwater; the groove \nthrough which a stream flows <digging a deeper \nchannel was thought to help protect the river from \nflooding>. \nmain channel. The bed over which the principal volume \nof water flows; the deepest and most navigable part \nofa channeL \nnatural channel. The naturally formed bed and banks \nofa stream. \nnatural flood channel. A channel through which flood\nwaters naturally accumulate and flow downstream. \n2. The line of deep water that shipping vessels follow \n<a shipping channel>. 3. A water route between two \nislands or an island and a continent <the English \nChannel>. 4. A mode of transmitting something <the \nnews channel>. \nchannel ofdistribution. See DISTRIBUTION CHANNEL. channel of trade. See DISTRIBUTION CHANNEL. \nchantry (chan-tree), n. Rist. Eccles. law. 1. A benefice \nendowed for the saying ofMass by chantry priests for \nthe soul ofthe founder or his deSignees . This practice \nwas abolished in England by the Chantry Acts of 1545 \nand 1547. 2. A chapel or part of a church so endowed. \nAlso spelled chauntry. \nchapiter (chap-<l-t<lr). [Law French] Rist. A list of matters \ndrawn up by the king to be presented before the justices \nin eyre, justices of assise, or justices of the peace. \nAlso spelled chapitre. Cf. ARTICLES OF THE EYRE. \nChapter 7. 1. The chapter of the United States Bank\nruptcy Code allowing a trustee to collect and liquidate \na debtor's nonexempt property, either voluntarily or \ncourt order, to satisfy creditors. [Cases: Bankruptcy \n2. A bankruptcy case filed under this chapter. \n An individual debtor who undergoes this type ofliq\nuidation usu. gets a fresh financial start by receiving \na discharge of all debts. -Also termed (in sense 2) \nstraight bankruptcy; liquidation bankruptcy. \n\"A Chapter 7 case has five stages: (1) getting the debtor \ninto bankruptcy court; (2) collecting the debtor's property; \n(3) selling this property; (4) distributing the proceeds of the \nsale to creditors; and (5) determining whether the debtor is \ndischarged from further liability to these creditors.\" David \nG. Epstein et al., Bankruptcy  1-7, at 9 (1993). \nChapter 9. 1. lbe chapter of the United States Bank\nruptcy Code governing the adjustment of a munici\npality's debts. [Cases: Bankruptcy (~3481.l 2. A \nbankruptcy case filed under this chapter. \nChapter 11. (1970) l. The chapter of the United States \nBankruptcy Code allowing an insolvent business, or \none that is threatened with insolvency, to reorganize its \ncapital structure under court supervision (and subject \nto creditor approval) while continuing its normal oper\nations. Although the Code permits individual non\nbusiness debtors to use Chapter 11, the vast majority \nof Chapter 11 cases involve business debtors. [Cases: \nBankruptcy (;::>350l.] 2. A business reorganization \nconducted under this chapter; REORGANIZATION (1). \nChapter 12. 1. The chapter of the United States Bank\nruptcy Code prOViding for a court-approved debt\npayment relief plan for family farmers with a regular \nincome, allowing the farmer's net income to be col\nlected by a trustee and paid to creditors. [Cases: Bank\nruptcy (;::>3671.] 2. A bankruptcy case filed under \nthis chapter. Also termed (in sense 2) family-farmer \nbankruptcy; farmer bankruptcy. \nChapter 13. 1. The chapter of the United States Bank\nruptcy Code allowing a person's earnings to be col\nlected by a trustee and paid to creditors by means of a \ncourt-approved debt-repayment plan if the person has \na regular income . A plan filed under Chapter 13 is \nsometimes called a wage-earner's plan, a wage-earner \nplan, or an income-based plan. Chapter 13 allows the \ndebtor to propose a plan of rehabilitation to extend or \nreduce the balance of any obligations and to receive a \ndischarge from unsecured debts upon completion of \nthe payments under the plan. A plan made in good \n\n265 \nfaith will be confirmed ifthe creditors receive what they \nwould have received under Chapter 7, and if the plan \npledges all of the debtor's disposable income for three \nyears. [Cases: Bankruptcy (;:::>3701.] 2. A bankruptcy \ncase filed under this chapter. \nChapter 20. Slang. Bankruptcy. A debtor who files a \nChapter 7 petition and receives a discharge, and then \nimmediately files a Chapter 13 petition to deal with \nremaining nondischargeable or secured debts. [Cases: \nBankruptcy C-;:)2235.] \nChapter 22. Slang. Bankruptcy. A debtor, usu. a corpora\ntion, that fi1es a second Chapter 11 petition shortly after \na previous Chapter II petition has failed, because the \ndebtor has become insolvent again or is again threat\nened with insolvency. [Cases: Bankruptcy (;:::>2235.] \nchapter surfing. Slang. A debtor's movement from a filing \nunder one United States Bankruptcy Code chapter to a \nfiling under another. [Cases: Bankruptcy (;:::>2235.] \ncharacter evidence. See EVIDENCE. \ncharacterization. 1. Conflict oflaws. The classification, \nqualification, and interpretation oflaws that apply to \nthe case. Also termed qualification; classification; \ninterpretation. [Cases: Action (;:::> 17.] \n\"In a conflictof.laws situation, a court must determine at \nthe outset whether the problem presented to it for solution \nrelates to torts, contracts, property. or some other field, \nor to a matter of substance or procedure. in order to refer \nto the appropriate law. In other words, the court must ini \ntially, whether consciously or not, go through the process \nof determining the nature of the problem; otherWise, the \ncourt will not know which choiceoflaw rule to apply to the \ncase. This process is generally called 'characterization,' \nand sometimes 'classification; 'qualification,' or 'interpre \ntation.'\" 16 Am. Jur, 2d Conflict of Laws  3, at 12 (1998). \n2. Family law. The process of classifying property \naccumulated by spouses as either separate or marital \nproperty (or community property). \n<:haracter loan. See LOAN. \ncharacter-reformation condition. See conditional \nbequest under BEQUEST. \ncharacter witness. See WITNESS. \ncharge, n. (Bc) 1. A formal accusation ofan offense as a \npreliminary step to prosecution <a murder charge>. \nAlso termed criminal charge. [Cases: Criminal Law \n(;:::>208.1.)2. An instruction or command <a mother's \ncharge to her son>. 3. JURY CHARGE <review the charge \nfor appealable error>. 4. An aSSigned duty or task; a \nresponsibility <the manager's charge to open and \nclose the office>. 5. An encumbrance, lien, or claim <a \ncharge on property>. 6. A person or thing entrusted to \nanother's care <a charge of the estate>. 7. Price, cost, or \nexpense <free ofcharge>. \ndelinquency charge, A charge assessed against a \nborrower for failing to timely make a payment. \nfinance charge. See FINANCE CHARGE. \nlate charge. An additional fee assessed on a debt when \na payment is not received by the due date. charge d'affaires \nnoncash charge. A cost (such as depreciation or amor\ntization) that does not involve an outlay ofcash. \nspecial charge. An ordinary cost of business excluded \nfrom income calculations . The term is meaning\nless under generally accepted accounting principles \nbecause \"special charge\" expenses do not meet the \nGAAP test for extraordinary items. -Also termed \none-time charge; unusual charge; exceptional charge. \nSee extraordinary expense under EXPENSE; operating \nearnillgs under EARNINGS. \n8. Parliamentary law. A deliberative assembly's \nmandate to a committee. -Also termed committee \njurisdiction. \ncharge, vb. 1. To accuse (a person) of an offense <the \npolice charged him with murder>. 2. To instruct or \ncommand <the dean charged the students to act ethi\ncally>. 3. To instruct a jury on matters onaw <the judge \ncharged the jury on self-defense>. [Cases: Criminal Law \n(;:::>769; Federal Civil Procedure (;:::>2173.1(1); Trial C,' \n182, 213.] 4. To impose a lien or claim; to encumber \n<charge the land with a tax lien>. 5. To entrust with \nresponsibilities or duties <charge the guardian with \nthe ward's care>. 6. To demand a fee; to bill <the clerk \ncharged a small filing fee>. \nchargeable, adj. (Of an act) capable or liable of being \ncharged as a criminal offense <taking that money for \npersonal use would be chargeable>. \ncharge account. A credit arrangement by which a \ncustomer purchases goods and services and pays \nfor them periodically or within a specified time. See \nCREDIT (4). \ncharge and discharge. Equity practice. Court-ordered \naccount filings by a plaintiff and a defendant . The \nplaintiff's account (charge) and the defendant's response \n(discharge) were filed with a master in chancery. \ncharge and specification. Military law. A written descrip\ntion ofan alleged offense. [Cases: Military Justice (;:::> \n950-971.] \ncharge-back, n. A bank's deducting ofsums it had pro\nvisionally credited to a customer's account, occurring \nusu. when a check deposited in the account has been \ndishonored. UCC  4-214. [Cases: Banks and Banking \nC= 126, 127,142, 158.] \ncharge bargain. See PLEA BARGAIN. \ncharge conference. (1972) A meeting between a trial \njudge and the parties' attorneys to develop a jury \n-Also termed prayer conference. [Cases: Trial \ncharge d'affaires (shahr-zhay da-fair). [French \"one in \ncharge of affairs\"] A diplomat who is the second in \ncommand in a diplomatic mission (hence, subordinate \nto an ambassador or minister). Also spelled charge \ndes affaires. Pl. charges d'affaires. [Cases: Ambassadors \nand Consuls C=3.] \nacting charge d'affaires. A charge d'affaires who \nperforms mission functions when the leader of the \n\n266 charged with notice \nmission is not available to do so or when the position is \nvacant. Also termed charges d'affaires ad interim. \npermanent charge d'affaires. A charge d'affaires with \na high enough rank to head a mission (if there is \nno ambassador or minister). Also termed charge \nd'affaires en pied; charge d'affaires en titre. \ncharged with notice. Imputed with knowledge or \nawareness that is legally binding <the defendant was \ncharged with notice of the defect yet failed to act before \nthe plaintiff was injured it>. Also termed put on \nnotice. [Cases: Notice \nchargee (chahr-jeel. 1. The holder ofa charge on property \nor of a security on a loan. 2. One charged with a \ncrime. \ncharge off, vb. To treat (an account receivable) as a loss \nor expense because payment is unlikely; to treat as a \nbad debt. See bad debt under DEBT. \ncharge sheet. 1. A police record showing the name of \neach person brought into custody, the nature of the \naccusations, and the identity of the accusers. 2. Military \nlaw. A four-part charging instrument containing"}
{"text": "of the \naccusations, and the identity of the accusers. 2. Military \nlaw. A four-part charging instrument containing (1) \ninformation about the accused and the witnesses, (2) \nthe charges and specifications, (3) the preferring of \ncharges and their referral to a summary, special, or \ngeneral court-martial for trial, and (4) for a summary \ncourt-martial, the trial record. [Cases: Military Justice \n(;::>950.] \ncharging instrument. (1951) A formal document -usu. \neither an indictment or an information -that sets \nforth an accusation ofa crime. -Also termed accusa\ntory instrument. \ncharging lien. See LIEN. \ncharging order. (1904) Partnership. A statutory pro\ncedure whereby an individual partner's creditor can \nsatisfy its claim from the partner's interest in the part\nnership. [Cases: Partnership (;::> 186.] \ncharitable, adj. 1. Dedicated to a general public purpose, \nusu. for the benefit of needy people who cannot pay \nfor benefits received <charitable contribution>. [Cases: \nCharities Taxation (;::>2337.] 2. Involved in \nor otherwise relating to charity <charitable founda\ntion>. \ncharitable bequest. See BEQI:EST. \ncharitable contribution. (17c) A gratuitous transfer of \nproperty to a charitable social-welfare, religious, sci\nentific, educational, or other qualified organization . \nSuch a contribution has tax value because it may result \nin a current income-tax deduction, may reduce federal \nestate taxes, and can be made free of any gift taxes. \n[Cases: Internal Revenue C::::>351O-3516, 4172; Taxation \n(;::>3501.] \ncharitable corporation. See CORPORATION. \ncharitable deduction. See DEDUCTION. \ncharitable gift. See GIFT. \ncharitable immunity. See IMMUNITY (2). \ncharitable lead trust. See TRGST. charitable organization. (1897) Tax. A tax-exempt orga\nnization that (1) is organized and operated exclUSively \nfor religious, scientific, literary, educational, athletic, \npublic-safety, or community-service purposes, (2) \ndoes not distribute earnings for the benefit of private \nindividuals, and (3) does not participate in any way in \npolitical candidate campaigns, or engage in substantial \nlobbying. IRC (26 USCA)  501(c)(3). Also termed \ncharity; 501(c)(3) organization. [Cases: Charities \n1-50; Internal Revenue (;::>4048-4069.] \ncharitable purpose. (1877) Tax.lhe purpose for which \nan organization must be formed so that it qualifies as \na charitable organization under the Internal Revenue \nCode. -Also termed charitable use. [Cases: Internal \nRevenue (;::>4048, 4172(2).] \ncharitable remainder. See REMAINDER. \ncharitable-remainder annuity trust. See TRUST. \ncharitable-remainder trust. See TRUST. \ncharitable-remainder-trust retirement fund. See char\nitable-remainder annuity trust under TRUST. \ncharitable trust. See TRUST. \ncharitable usc. 1. See CHARITABLE PURPOSE. 2. See char\nitable trust under TRUST. \ncharity, n. 1. CHARITABLE ORGANIZATION. 2. Aid given \nto the poor, the suffering, or the general community \nfor religious, educational, economic, public-safety, or \nmedical purposes. 3. Goodwill. \ncharlatan (shahr-hH,m), n. (17c) A person who pretends \nto have more knowledge or skill than he or she actually \nhas; a quack or faker. charlatanism, charlatanry, n. \ncharta (kahr-td). (17c) [Law Latin] Hist. 1. A charter or \ndeed. 2. A token by which an estate is held. 3. A royal \ngrant of privileges or liberties. \nCharta de Foresta. Hist. A charter that defined the \nextent of the crown's rights and privileges in the royal \nforests, granted the common people some rights to use \nthe forests, and reduced the penalties for crimes such as \npoaching. The charter was first promulgated in 1217 \nand revised in 1225. Also termed Carta de Foresta; \nCarta Forestae. \nchartae libertatum (kahr-tee lib-df-tay-t<>m). [Latin] \nCharters of liberties. Ihis term refers to the two \ngreat sources of English liberties: Magna Carta and \nthe Charta de Foresta. \nchartel. See CARTEL. \ncharter, n. (13c) 1. An instrument that establishes a body \npolitic or other organization, or that grants rights, lib\nerties, or powers to its citizens or members <Charter \nof the United Nations>. 2. An instrument by which a \nmunicipality is incorporated, specifying its organiza\ntional structure and its highest laws; specif., a written \ndocument making the persons residing within a fixed \nboundary, along with their successors, a corporation \nand body politic for and within that boundary, and \nprescribing the powers, privileges, and duties of the \ncorporation . A city charter trumps all conflicting \n\n267 \nordinances. Also termed municipal charter. [Cases: \nMunicipal Corporations \n\"Municipal Charters.- The charter issued to a municipality \nis in the nature of a constitution to it, being superior to all \nordinances enacted by that municipality, though inferior \nin rank to all State laws of every kind.\" Frank Hall Childs, \nWhere and How to Find the Law 8 (1922). \nhome-rule charter. A local government's organiza\ntional plan or framework, analogous to a constitu\ntion, drawn by the municipality itself and adopted by \npopular vote ofthe See HOME RULE. [Cases: \nMunicipal Corporations \n3. A governmental act that creates a business or defines \na corporate franchise; also, the document evidencing \nthis act. \nbank charter. A document issued by a governmental \nauthority permitting a bank to conduct business. \n[Cases: Banks and Banking 6.] \ncorporate charter. 1. CERTIFICATE OF INCORPORATION \n(1).2. A document that one files with the secretary of \nstate upon incorporating a business. _ The corporate \ncharter is often the articles ofincorporation. [Cases: \nCorporations 18.] \nspecial charter. Hist. A legislative act creating a private \ncorporation as opposed to a public, charitable, or edu\ncational corporation . Special charters were common \nuntil the 19th century, when legislatures enacted \ngeneral incorporation laws that allowed private cor\nporations to be formed without legislative action. \n4. The organic law of an organization; loosely, the \nhighest law of any entity. Cf. ARTICLES OF INCORPO\nRATION. 5. A governing document granting authority \nor recognition from a parent organization to a subordi\nnate or constituent organization, such as a local affili\nate or chapter, organized under the first organization's \nauthority; or the instrument granting such authority or \nrecognition. See governing document under DOCUMENT \n(1). 6. Hist. The writing that accompanies a livery of \nseisin. -Rather than being an operative element of \ntransfer, the writing was merely evidence of it. 7. The \nleaSing or hiring of an airplane, ship, or other vessel. \n[Cases: Shipping C:': 34-58.] 8. CHARTERPARTY. \nbareboat charter. A charter under which the shipowner \nsurrenders possession and control ofthe vessel to the \ncharterer, who then succeeds to many of the ship\nowner's rights and obligations. _ The charterer, who \nprovides the personnel, insurance, and other materi\nals necessary to operate the vessel, is known either as \na demise charterer or as an owner pro hac vice. -Also \ntermed demise charter. [Cases: Shipping C::::>41.J \n\"The \"demise\" or \"bareboat\" charter is conceptually the \neasiest to understand. The charterer takes possession \nand operates the ship durin9 the period of the charter as \nthough the vessel belonged to the charterer. The bareboat \ncharter is thus analogous to the driver who leases a car \nfor a specified period or a tenant who rents a house for a \nterm of years. The charterer provides the vessel's master \nand crew (much as the lessee-driver personally drives the \ncar) and pays the operating expenses (much as the lessee\ndriver buys the gasoline.\" David W. Robertson, Steven F. charterparty \nFriedell & Michael F. Sturley, Admiralty and Maritime Law \nin the United States 371-72 (2002). \ndemise charter. See bareboat charter. \ngross charter. A charter under which the shipowner \nprovides all personnel and pays all expenses. \nslot charter. A charter for one or more slots on a con\ntainer vessel. -Each slot accommodates a 20-foot \ncontainer. A slot charter is a form ofvessel-sharing \nagreement. Cf. space charter. \n\"Slot charters (and vesselsharing agreements) have become \nincreasingly popular in the container trades, as they enable \ntwo or more carriers to combine their capacities and offer \nmore frequent service on their routes. If three carriers all \nserve the New York to Rotterdam route, for example, and \neach devotes one vessel to the route every three weeks, \nthey can implicitly (with slot charters) join forces and each \noffer weekly service.\" David W. Robertson, Steven F. Friedell \n& Michael F. Sturley, Admiralty and Maritime Law in the \nUnited States 377 (2001). \nspace charter. A charter for a part ofa vessel '8 capacity, \nsuch as a specified hold or deck or a specified part of \nthe vessel's carrying capacity. _ A space charter is a \nform ofvessel-sharing agreement. Cf. slot charter. \ntime charter. A charter for a specified period, rather \nthan for a specific task or voyage; a charter under \nwhich the shipowner continues to manage and control \nthe vessel, but the charterer deSignates the ports of \ncall and the cargo carried. Each party bears the \nexpenses related to its functions and for any damage it \ncauses. Cf. voyage charter. [Cases: Shipping C::::>40.] \nvoyage charter. A charter under which the shipowner \nprovides a ship and crew, and places them at the \ndisposal ofthe charterer for the carriage ofcargo to \na designated port. -The voyage charterer may lease \nthe entire vessel for a voyage or series ofvoyages or \nmay (by \"space charter\") lease only part ofthe vesseL \nCf. time charter. [Cases: Shipping C=41.J \n\"The fundamental difference between voyage and time \ncharters is how the freight or 'charter hire' is calculated. A \nvoyage charter party specifies the amount due for carrying \na specified cargo on a specific voyage (or series ofvoyages), \nregardless of how long a particular voyage takes. A time \ncharter party specifies the amount due for each day that \nthe vessel is 'on hire,' regardless of how many voyages \nare completed.\" David W. Robertson, Steven F. Friedel! & \nMichael F. Sturley, Admiralty and Maritime Law in the United \nStates 377 (2001). \ncharter, vb. 1. To establish or grant by charter <charter \na bank>. 2. To hire or rent for temporary use <charter \na boat>. \ncharter agreement. See CHARTERPARTY. \nchartered life underwriter. See UNDERWRITER. \nchartered ship. See SHIP. \ncharter-land. Hist. See BOOKLAND. \ncharter member. See MEMBER. \ncharter ofaffreightment. See AFFREIGHTMENT. \ncharterparty. (l6c) A contract by which a ship, or a prin\ncipal part ofit, is leased by the owner, esp. to a merchant \nfor the conveyance ofgoods on a predetermined voyage \nto one or more places or for a specified period oftime; a \n\n268 chartis reddendis \nspecial contract between the shipowner and charterer, \nesp. for the carriage ofgoods by sea. Also written \ncharter-party; charter party. Often shortened to \ncharter. Also termed charter agreement. [Cases: \nShipping \n\"Charter partie (charta partita) is nothing but that which \nwe call a paire of indentures, conteining the covenants \nand agreements made betweene merchants, or sea faring \nmen touching their marine affaires.\" John Cowell, The \nInterpreter (1607). \n'The instrument by which a vessel is leased is a charter \nparty. The term is derived from charta partita, Le., a deed \nof writing divided; in earlier times the charta partita, like \nthe indenture agreement, was prepared in two parts, \nthe ship owner retaining one part and the charterer the \nother.... While a charter party need not be in writing, most \ncharters today are detailed written documents drawn to \naccommodate the particular needs of shipper and carrier \nin a certain type of trade or commerce.\" Frank L Maraist, \nAdmiralty in a Nutshe//44-45 (3d ed. 1996). \nchartis reddendis (kahr-tis ri-den-dis). [Latin \"for \nreturning charters\"] Hist. A writ seeking the return \nof a charter of feoffment from a person who has been \nentrusted with the charter but who has refused to \ndeliver it as instructed. See FEOFFMENT. \nchartophylax (kahr-tof-d-Iaks). Hist. A keeper of records \nor public instruments; a registrar. \nchase, n. Hist. A franchise granted by the Crown empow\nering the grantee to keep, within a certain district, \nanimals for hunting, i.e., the objects of the chase. _ This \nfranchise was also known as a free chase to contrast it \nwith a chase royal- a chase held by the Crown. \ncommon chase. A chase in which everyone is entitled \nto hunt. \nchattel (chat-dl). (usu. pI.) (14c) Movable or transferable \nproperty; personal property; esp., a physical object \ncapable of manual delivery and not the subject matter \nof real property. \n\"That Money is not to be accounted Goods or Chattels, \nbecause it is not of it self valuable .... Chattels are either \npersonalor real. Personal, may be so called in two respects' \nOne, because they belong immediately to the person of a \nMan, as a Bow, Horse"}
{"text": "may be so called in two respects' \nOne, because they belong immediately to the person of a \nMan, as a Bow, Horse, etc. The other, for that being any \nway injuriously withheld from us, we have no means to \nrecover them, but Personal Actions. Chattels real, are such \nas either appertain not immediately to the person, but to \nsome other thing, by way of dependency, as a Box with \nCharters of Land, Apples upon a Tree, or a Tree it self \ngrowing on the Ground .... [O]r else such as are issuing \nout of some immoveable thing to a person, as a Lease or \nRent for the term of years.\" Thomas Blount, Nomo-Lexicon: \nA Law-Dictionary (1670). \nchattel personal. (16c) A tangible good or an intan\ngible right (such as a patent). -Also termed personal \nchattel. [Cases: Property C=-4. \nchattel real. (16c) A real-property interest that is less \nthan a freehold or fee, such as a leasehold estate. _ \nThe most important chattel real is an estate for years \nin land, which is considered a chattel because it lacks \nthe indefiniteness oftime essential to real property.\nAlso termed real chattel. [Cases: Property C=-4.] \nchattel vegetable. A movable article of a vegetable \norigin, such as timber, undergrowth, corn, or fruit local chattel. Personal property that is affixed to land; \nFIXTURE. \npersonal chattel. See chattel personal. \nreal chattel. See chattel real. \nunique chattel. A chattel that is absolutely irreplaceable \nbecause it is one of a kind. \nchattel lien. See mechanic's lien under LIEN. \nchattel mortgage. See MORTGAGE. \nchattel-mortgage bond. See BOND (3). \nchattel paper. (1935) A writing that shows both a \nmonetary obligation and a security interest in or a lease \nof specific goods. UCC  9-102(1)(11). -Chattel paper \nis generally used in a consumer transaction when the \nconsumer buys goods on credit The consumer typically \npromises to pay for the goods by executing a promis\nsory note, and the seller retains a security interest in \nthe goods. See SECURITY AGREEMENT. [Cases: Secured \nTransactions C=-88, 142.] \n\"'Chattel paper' means a record or records that evidence \nboth a monetary obligation and a security interest in or a \nlease of specific goods or of speCific goods and software \nused in the goods. The term does not include a charter \nor other contract involving the use or hire of a vessel. If a \ntransaction is evidenced both by a security agreement or \nlease and by an instrument or series of instruments, the \ngroup of records taken together constitutes chattel paper.\" \nUCC  9-102(a)(8). \nelectronic chattel paper. (1998) Chattel paper evi\ndenced by a record or records consisting of informa\ntion stored in an electronic medium and retrievable \nin perceivable form. UCC  9-102(a)(31). \ntangible chattel paper. Chattel paper evidenced by a \nrecord or records consisting of information inscribed \non a tangible medium. UCC  9-102(a)(78). \nchattel personal. See CHATTEL. \nchattel real. See CHATTEL. \nchattel vegetable. See CHATTEL. \nchaud-medley (showd-med-lee). See CHANCE-MEDLEY. \nchauntry (chon-tree), n. See CHANTRY. \ncheapgild. Hist. See ORFGILD (1). -Also spelled cheape\ngild. \ncheap stock. See STOCK. \ncheat, n. 1. CHEATING. 2. A person who habitually cheats; \na swindler. \ncheat, vb. To defraud; to practice deception. \ncheater. 1. A person who cheats. 2. ESCHEATOR. \ncheating. (16c) The fraudulent obtaining of another's \nproperty by means of a false symbol or token, or by \nother illegal practices. -Also termed cheating at \ncommon law; common-law cheat; cheat. See FRAUD. \ncheating by false pretenses. (1827) The intentional \nobtaining of both the possession and ownership of \nmoney, goods, wares, or merchandise by means of \nmisrepresentations, with the intent to defraud. See \nPALSE PRETENSES. Cf. larceny by trick under LARCENY. \n[Cases: False Pretenses C=-1; Larceny (;:::.) 14.J \n\n269 \ncheck, n. (18c) A draft signed by the maker or drawer, \ndrawn on a bank, payable on demand, and unlimited in \nnegotiability . Under UCC  3-104(f), an instrument \nmay be a check even though it is described on its face \nby another term, such as \"money order.\" - Also spelled \ncheque. See DRAFT. Banks and Banking(;:::::> 137; \nBills and Notes 15, 149.] \nbad check. (1856) A check that is not honored because \nthe account either contains insufficient funds or does \nnot exist. Also termed hot check; worthless check; \nrubber check; bounced check; cold check; bogus check; \nfalse check; dry check. \nblank check. (1819) A check signed by the drawer but \nleft blank as to the payee or the amount, or both. \nbogus check. See bad check. \nbounced check. See bad check. \ncanceled check. (1839) A check bearing a notation \nthat it has been paid by the bank on which it was \ndrawn. A canceled check is often used as evidence \nofpayment. Also spelled cancelled check. \ncashier's check. (1846) A check drawn by a bank on \nitself, payable to another person, and eVidencing the \npayee's authorization to receive from the bank the \namount of money represented by the check; a draft \nfor which the drawer and drawee are the same bank, \nor different branches ofthe same bank. [Cases: Banks \nand Banking 189.] \ncertified check. (1841) A depositor's check drawn on \na bank that guarantees the availability of funds for \nthe check.  The guarantee may be by the drawee's \nsigned agreement to pay the draft or by a notation \non the check that it is certified. [Cases: Banks and \nBanking \ncold check. See bad check. \ncrossed check. A check that has lines drawn across its \nface and writing that specifies the bank to which the \ncheck must be presented for payment.  The same \neffect is achieved by stamping the bank's name on \nthe check. The check's negotiability at that bank is \nunaffected, but no other bank can honor it. Cf. open \ncheck. \ndepository-transfer check. (1976) An unsigned, nonne\ngotiable check that is used by a bank to transfer funds \nfrom its branch to the collection bank. \ndry check. See bad check. \ne-check. A paper check that is supplied by a consumer \nto a payee (usu. a merchant) who uses the check to \nmake an electronic funds transfer . The payee elec\ntronically scans the check's magnetic-ink charac\nter-recognition coding to obtain the bank-routing, \naccount, and serial numbers, then enters the amount \nofthe check. This is usu., but not always, done at a \npoint-of-sale terminal. Also termed electronic \ncheck. Cf. e-money under MONEY. \nelectronic check. See e-check. \nfalse check. See bad check. check-kiting \nhot check. See bad check. \nmemorandum check. A check that a borrower gives \nto a lender for the amount ofa short-term loan, with \nthe understanding that it is not to be presented for \npayment but will be redeemed by the borrower when \nthe loan falls due. \nopen check. A check that may be cashed by any bank. \nCf. crossed check. \npersonal check. A check drawn on a person's own \naccount. \npostdated check. A check that bears a date after the date \nof its issue and is payable on or after the stated date. \nraised check. (1867) A check whose face amount has \nbeen increased, usu. without the knowledge of the \nissuer an act that under the UCC is considered \nan alteration. UCC  3-407. See RAISING AN INSTRU\nMENT. \nregistered check. A check purchased at a bank and \ndrawn on bank funds that have been set aside to pay \nthat check. \nrubber check. See bad check. \nstale check. (1899) A check that has been outstanding \nfor an unreasonable time -more than six months \nunder the Ucc.  Banks in jurisdictions adopting \nthe UCC may choose not to honor such a check. UCC \n 4-404. [Cases: Banks and Banking (;:::::> 137; Bills and \nNotes (;:::::>404.] \nteller's check. A draft drawn by a bank on another bank \nor payable at or through a bank. [Cases: Banks and \nBanking \ntraveler's check. A cashier's check that must be signed \nby the purchaser at the time ofpurchase and counter\nSigned when cashed; an instrument that (I) is payable \non demand, (2) is drawn on or payable at or through a \nbank, (3) is deSignated by the term \"traveler's check\" \nor by a substantially similar term, and (4) requires, as a \ncondition to payment, a countersignature by a person \nwhose specimen signature appears on the instrument. \nUCC  3-104(0. Traveler's checks, which are avail\nable in various denominations, are typically pur\nchased from a bank or financing company. [Cases: \nBanks and Banking (;:::::> 189.] \nworthless check. See bad check. \ncheck, vb. (14c) 1. To control or restrain <handcuffs \nchecked the defendant's movement>. 2. To verify or \naudit <an accountant checked the invoices>. 3: To \ninvestigate <the police checked the suspect's story>. \n In this sense, check is typically used with up, on, or \nout. 4. To leave for safekeeping with an attendant <the \ndiner checked her coat at the door>. \ncheck-kiting. (1892) The illegal practice of writing a \ncheck against a bank account with insufficient funds \nto cover the check, in the hope that the funds from \na preViously deposited check will reach the account \nbefore the bank debits the amount of the outstanding \ncheck. Also termed kiting; check-flashing. [Cases: \nBanks and Banking (;:::::> 150.] \n\n270 check-off system \n\"Check kiting consists of drawing checks on an account in \none bank and depositing them in an account in a second \nbank when neither account has sufficient funds to cover \nthe amounts drawn. Just before the checks are returned \nfor payment to the first bank, the kiter covers them by \ndepositing checks drawn on the account in the second \nbank.\" United States v. Stone, 954 F.2d 1187, 1188 n.l (6th \nCir. 1992). \ncheck-off system. The procedure by which an employer \ndeducts union dues directly from the employees' wages \nand remits those dues to the union. \ncheckpoint search. See SEARCH. \nchecks and balances. (18c) 1he theory ofgovernmental \npower and functions whereby each branch ofgovern\nment has the ability to counter the actions ofany other \nbranch, so that no single branch can control the entire \ngovernment.  For example, the executive branch can \ncheck the legislature by exercising its veto power, but \nthe legislature can, by a sufficient majority, override any \nveto. See SEPARATION OF POWERS. \nchefe (chef). [Law French fr. French chef\"head\"] See \nWERGILD. \nchemical warfare. See WARFARE. \ncheque. See CHECK. \ncherry-stem annexation. See ANNEXATION. \nchevage (chee-vij). [fr. French chej\"head\"] Rist. An \nannual tribute payment from a villein to a lord. \nChevage was commonly exacted from villeins for per\nmission to marry or permission to work outside a lord's \ndomain. Also spelled chivage; chiefage. \n\"Chevage, (chevagium) commeth of the French <chef.L \ncaput}. It signifieth with us, a summe of money paid \nby villeins to their Lords, in acknowledgment of their \nslaverie.... It seemeth also to be used, for a summe of a \nmony, yearely given by a man to another of might &power, \nfor his avowement, maintenance, and protection, as to their \nhead or leader,\" John Cowell, The Interpreter (1607). \nchevantia (chd-van-shee-d). [Law French] Hist. A loan \nofmoney. \nchevisance (chev-d-zints). [Law French] His!. 1. A com\nposition; an agreement between a creditor and a debtor. \nSee COMPOSITION. 2. An unlawful or usurious contract; \nesp\" a contract intended to evade the statutes prohibit\ning usury. \nChevron deference. A two-part test under which a \ncourt will uphold a federal agency's construction of a \nfederal statute if (1) the statute is ambiguous or does \nnot address the question at issue, and (2) the agency's \ninterpretation ofthe statute is reasonable. Ifthe court \nfinds that the legislature's intent is clearly expressed in \nthe statute, then that intent is upheld. lhe U.S. Supreme \nCourt enunciated the rule in Chevron U.S.A., Inc. v. \nNatural Res. De! Council, Inc., 467 U.S. 837, 842-43, \n104 S.Ct. 2778,2781-82 (1984). -Also termed Chevron \nrule. [Cases: Statutes ~219(l), 219(2).] \ncheze (shayz). [French chez \"at the home of\"] His!. 1. \nHOMESTEAD. 2. A homestall; a farmyard. \nChicago Board of Trade. The commodities exchange \nwhere futures contracts in a large number of agricultural products are made. Abbr. CBT; CBOT. [Cases: Com\nmodity Futures Trading Regulation ~3-31.1"}
{"text": "Abbr. CBT; CBOT. [Cases: Com\nmodity Futures Trading Regulation ~3-31.1 \nChicago Board Options Exchange. The predominant \norganized marketplace in the United States for trading \noptions. -Abbr. CBOE. \nchicanery (shi-kay-ndr-ee), n. (17c) Trickery; decep\ntion. Also termed chicane. chicanerous, adj. \nchief, n. l. A person who is put above the rest; the leader \n<chief of staff>. 2. The principal or most important part \nor position <commander-in-chief>. -chief, adj. \nchief administrative patent judge. See JUDGE. \nchiefage. See CHEVAGE. \nchief baron, Hist. The presiding judge of the English \nCourt of Exchequer. Upon the death of Chief Baron \nKelly in 1880, the office was abolished. Through the \nJudicature Act of 1925, the Lord Chief Justice of \nEngland became the presiding judge. See BARONS OF \nTHE EXCHEQUER. \nchief executive. See EXECUTIVE. \nchief executive officer. (1854) A corporation's highest\nranking administrator, who manages the firm day by \nday and reports to the board ofdirectors. Abbr. CEO, \n[Cases: Corporations \nchief financial officer. The executive in charge of making \na company's accounting and fiscal decisions. -Abbr. \nCFO. [Cases: Corporations 281-369.] \nchiefinformation officer, The executive who supervises \na company's informational infrastructure, including \nthe system for retaining and destroying records. -\nAbbr. CIa. \nchief judge, See JUDGE. \nchief justice. See JUSTICE (2). \nChief Justice of England. The former title of the Lord \nChief Justice of England, See LORD CHIEF JUSTICE OF \nENGLAND. \nChiefJustice ofthe Common Pleas. Rist. Formerlv, the \npresiding judge in the Court ofCommon Pleas. ~ The \nJudicature Act of 1875 reduced the Court of Common \nPleas to the Common Pleas Division. In 1881 the last \nChief Justice of the Common Pleas, Lord Coleridge, \nwas appointed Lord ChiefJustice of England, merging \nthe Common Pleas Division and the Queen's Bench \nDivision. The Lord Chief Justice of England now \nexercises the powers formerly belonging to the Chief \nJustice of the Common Pleas. Cf. LORD CHIEF JUSTICE \nOF ENGLAND. \nChieOustice ofthe United States. The formal title ofthe \nofficer who is the ChiefJustice of the Supreme Court \nof the United States. Often shortened to the Chief \nJustice. [Cases: Judges \nchief justiciar. See JUSTICIARY (2). \nchieflease. See HEADLEASE. \nchieflord. Hist. The immediate lord of a fee, to whom the \ntenants were directly and personally responsible. \nchief magistrate. See MAGISTRATE (1). \n\n271 \nChiefofProtocol. An officer in the U.S. Department of \nState responsible for managing the Office of Protocol \nand advising the President, Vice President, Secretary of \nState, and other U.S. officials on matters of diplomatic \nprocedure governed by law or international custom and \npractice. \nchief operating officer. A manager who supervises a \ncompany's day-to-day operations and who usu. reports \nto the chief executive officer. -Abbr. COO. [Cases: \nCorporations (::::::>31O(l).] \nchief rents. Hist. A small, fixed, annual rent payable to \nthe lord by a freeholder ofa manor; annual quit rent. \nChief rents 'were abolished in 1922. See QUIT RENT. \nchiefry (cheef-ree). Hist. A small rent paid to the sov\nereign by a feudal landholder. -Also spelled chiefrie; \nchiefery. \nchief use. A standard for determining a proper tariff clas\nsification in which a commodity's use is understood by \nexamining the intended users as a whole, rather than \nindividually. \nchild. (bef. 12c) 1. A person under the age of majority. \n2. Hist. At common law, a person who has not reached \nthe age of 14.3. A boyar girl; a young person. 4. A son \nor daughter. \n\"The word 'children' is normally used to denote issue of \nthe first generation only.\" Restatement of Property  267, \ncmt. c (1940). \n5. A baby or fetus. See JUVENILE; MINOR. PI. children. \nabortive child. Civil law. A stillborn child or a child \nborn so prematurely that it cannot and does not \nsurvive 24 hours. \nabused child. A child who has been subjected to \nphysical or mental neglect or harm. See child abuse \nunder ABUSE. [Cases: Infants \nadopted child. A child who has become the son or \ndaughter of a parent or parents by virtue oflegal or \nequitable adoption; ADOPTEE. See ADOPTION. [Cases: \nAdoption (::::::> 18] \nafterborn child. (18c) A child born after execution of \na will or after the time in which a class gift closes. \nAlso spelled after-born child. See afterborn heir under \nHEIR. Cf. posthumous child. [Cases: Wills ~~524.] \nbattered child. A child upon whom physical or sexual \nabuse has been inflicted, usu. by a relative, caregiver, \nor close family friend. See child abuse under ABUSE; \ndomestic violence under VIOLENCE; BATTERED-CHILD \nSYNDROME. [Cases: Criminal Infants \n15,156.] \nbiological child. See natural child (1). \nchild in need ofsupervision. A child who has commit\nted an offense that only children can commit, such \nas being ungovernable and disobedient to parents, \nrunning away from home, violating a curfew, being \nhabitually truant from school, violating age restric\ntions on the purchase or possession of liquor or \ntobacco, or the like. -Also termed person in need child \nofsupervision; minor in need ofsupervision. -Abbr. \nCHINS. [Cases: Infants (::::::> 151.] \nchild out ofwedlock. See illegitimate child. \nchild with disabilities. Under the Individuals with Dis\nabilities Education Act, a child who needs special\neducation or related services because of (1) mental \nretardation, (2) a hearing, language, or visual impair\nment, (3) a serious emotional disturbance, or (4) \nanother health impairment or specific learning dis\nabilitv. See INDIVIDUALS WITH DISABILITIES EDUCA\nTION ~CT. [Cases: Schools~) 148(2.1).] \ndelinquent child. (1902) A child who has committed \nan offense that would be a crime if committed by \nan adult.  A delinquent child may not be subject \nto the jurisdiction of the juvenile court if the child \nis under a statutory age. Cf. child in need ofsupervi\nsion; JUVENILE DELINQUENT. [Cases: Infants ('>;:'153.] \n[Cases: InfantsC:::> 154.1,157,158; Social Security and \nPublic Welfare (::::::> 194.2.] \ndependent child. A needy child who has been deprived \nof parental support or care because of the parent's \nor other responsible person's death, absence from \nthe home, phYSical or mental incapacity, or (in some \ncases) unemployment. -This definition was formerly \nfound in Aid to Families with Dependent Children \n(AFDC), 42 USCA  606(a). When that program \nwas replaced with Temporary Assistance to Needy \nFamilies (TANF), the definition was eliminated \nalthough sections of TANF refer to it (see, e.g., 42 \nUSCA  672(h. C-='154.1, 157, 158; Social Security \nand Public Welfare 194.2.] \ndeprived child. A child who (1) lacks proper parental \ncare or control, subsistence, education, or other care \nand control for his or her phYSical, mental, or emo\ntional well-being, (2) has been placed for care or \nadoption in violation of the law, (3) has been aban\ndoned, or (4) is without a parent, guardian, or legal \ncustodian. Uniform Juvenile Delinquency Act, 18 \nUSCA  5031 et seq. Cf. neglected child. [Cases: \nInfants \ndisobedient child. See incorrigible child. \nfoster child. (12c) A child whose care and upbring\ning are entrusted to an adult other than the child's \nnatural or adoptive parents, usu. by an agency. - A \nfoster child may receive informal, voluntary care \nby someone (often a grandparent, other relative, or \nneighbor) who enters into an agreement with the \nparent or who simply substitutes for the parent as nec\nessary to ensure the child's protection. More formally, \nthe child may be part ofthe federal-state foster-care \nprogram that identifies, trains, and pays caregivers \nwho will provide family care for children who lack \nparents or cannot safely remain with their biologi\ncalor adoptive parents. -Also termed (archaically) \nfosterling. See foster parent under PARENT. [Cases: \nInfants e=-~226.] \ngenetic child. See natural child (1). \n\nhandicapped child. A child who is mentally retarded, \ndeaf or hearing-impaired, speech-impaired, blind or \nvisually disabled, seriously emotionally disturbed, or \northopedically impaired, or who because of specific \nlearning disabilities requires special education. \nSchools c)::> 148(2.1).] \nillegitimate child. (17c) A child who was not conceived \nor born in lawful wedlock, nor later legitimated . At \ncommon law, such a child was considered the child of \nnobody (nullius filius) and had no name except one \nthat was gained by reputation. Being no one's child, \nan illegitimate child could not inherit, even from the \nmother, but all states now allow maternal inheritance. \nIn cases such as Levy v. Louisiana, 391 U.S. 68, 88 \nS.Ct. 1509 (1968), and Glona v. American Guar. & \nLiab. Ins. Co., 391 U.S. 73,88 S.Ct. 1515 (1968), the \nSupreme Court held that limitations on a child's right \nto inherit from his or her mother were unconstitu\ntional. As a result, states changed their laws to permit \nfull maternal inheritance. Full paternal inheritance \nis permitted ifthe child can prove paternity in accor\ndance with state law (the proof varies from state to \nstate). This burden of proof, uniquely imposed on \nan illegitimate child, is constitutionally permissible. \nLalli v. Lalli, 439 U.S. 259, 99 S.Ct. 518 (1978). ~Also \ntermed bastard; child out of wedlock; nonmarital \nchild; (archaically) natural child. Cf. BASTARD. [Cases: \nChildren Out-of-Wedlock \nincorrigible child. (17c) A child who habitually refuses \nto obey his or her parents or guardians. ~ Also \ntermed disobedient child. \nintended child. The child who is intended to result \nfrom a surrogacy contract. See surrogate parent under \nPARENT; surrogate mother under MOTHER; intentional \nparent under PARENT; legalfather under FATHER; SUR\nRoGAcy CONTRACT. [Cases: Infants C':-;) 15; Parent and \nChild \nlegitimate child. (l7c) 1. At common law, a child con\nceived or born in lawful wedlock. 2. Modernly, a child \nconceived or born in lawful wedlock, or legitimated \neither by the parents' later marriage or by a declara\ntion or judgment of legitimation. [Cases: Children \nOut-of-Wedlock (;:;;, l.] \nmantle child. Hist. A child born out of wedlock and \nlater legitimated when the parents are married, tra\nditionally by standing under a cloak with the parents \nduring the marriage ceremony. [Cases: Children Out\nof-Wedlock (;:;;, 11.] \n\"Our law. . has no need to distinguish between various \nsorts of illegitimate children. A child is either a legitimate \nchild or a bastard .... In the sharp controversy over this \nprinciple ... the champion of what we may call the high\nchurch party alleged that old English custom was in accord \nwith the law of the church as defined by Alexander III. \nProbably there was some truth in this assertion. It is not \nunlikely that old custom, though it would not have held that \nthe marriage in itself had any retroactive effect, allowed \nthe parents on the occasion of their marriage to legitimate \nthe already existing offspring of their union. The children \nwere placed under the cloak which was spread over their \nparents during the marriage ceremony, and became 'mantle children.' We hear of this practice in Germany and \nFrance and Normandy; but we have here rather an act of \nadoption than a true legitimation. and it would not have \nfully satisfied the church.\" 2 Frederick Pollock & Frederic \nW. Maitland, The History ofEnglish Law Before the Time of \nEdward I 397-98 (2d ed. 1899). \nnatural child. (16c) 1. A child by birth, as distinguished \nfrom an adopted child. Also termed biological child; \ngenetic child. [Cases: Children Out-of-Wedlock (;:;;, 1; \nParent and Child 1.] 2. A child that is genetically \nrelated to the mother and father as opposed to a child \nconceived by donor insemination or by egg donation. \n[Cases: Children Out-of-Wedlock (;:;;, 15; Parent and \nChild (;:;;'20.]3. Archaic. An illegitimate child, usu. \none acknowledged by the father. \nneglected child. (l7c) 1. A child whose parents or legal \ncustodians are unfit to care for him or her because \nof cruelty, immorality, or incapacity. [Cases: Infants \n(;:;;, 156.] 2. A child whose parents or legal custodi\nans refuse to provide the necessary care and medical \nservices for the child. Cf. deprived child."}
{"text": "child whose parents or legal custodi\nans refuse to provide the necessary care and medical \nservices for the child. Cf. deprived child. [Cases: \nInfants \nnonmarital child. See illegitimate child. \nposthumous child. (17c) A child born after a parent's \ndeath. Ordinarily, the phrase posthumous child \nsuggests one born after the father's death. But in at \nleast one case, a legally dead pregnant woman was \nkept on life-support machines until the child could \nbe safely delivered; so it is possible for a mother's post\nhumous child to be born. Cf. child. [Cases: \nDescent and Distribution Wills C=:>497(7).] \nprostituted child. See child prostitute under PROSTI\nTUTE. \nquasi-posthumous child. Civil law. A child who \nbecomes a direct heir of a grandfather or other male \nascendant because of the death ofthe child '8 father. \nspecial-needs child. 1. A child with medical problems \nor with a physical, mental, or emotional handicap. \n2. A child that is likely to be unadoptable because of \nmedical problems or phYSical, mental, or emotional \nhandicaps, or by reason ofage or ethnic background. \nSee ADOPTION ASSISTANCE AND CHILD WELFARE \nACT. \nstepchild. The child of one's spouse by a previous \nmarriage. A stepchild is generally not entitled to \nthe same legal rights as a natural or adopted child. \nFor example, a stepchild has no right to a share ofan \nintestate stepparent's property. [Cases: Descent and \nDistribution (;:;;,31; Wills (;:;;,497(7).] \nunborn child. A child not yet born, esp. at the happen\ning ofsome event. \nchild abuse. See ABUSE. \nchild-abuse and -neglect reporting statute. Family law. \nA state law requiring certain persons, among them \nhealthcare providers, teachers, and child-care workers, \nto report suspected child abuse . By 1967, every state \nhad adopted some form of reporting statute. In the \nChild Abuse Prevention and Treatment Act (42 USCA \n\n273 \n 5101-5157), Congress provided federal funding for \nall states that implement federal standards in their \nreporting statutes and defined child maltreatment \nbroadly. See CHILD ABUSE PREVENTION AND TREAT\nMENT ACT. [Cases: Infants C~13.5.J \nChild Abuse Prevention and Treatment Act. Family law. \nA federal statute that provides limited funding to states \nfor preventing, identifying, and treating child abuse \nand neglect . Enacted in 1974, the Act was amended \nin 1996 to reinforce an emphasis on child safety. The \nAct established the National Center on Child Abuse \nand Neglect in the Department of Health and Human \nServices. Its function is to study child abuse, conduct \nresearch into its causes, and make grants to agencies \nfor the study, prevention, and treatment of child abuse. \n42 USCA  5101-5157. Abbr. CAPTA. See CHILD\nABUSE AND -NEGLECT REPORTING STATUTE. \nchild-access prevention statute. See SAFE-STORAGE \nSTATUTE. \nchild-and dependent-care tax credit. See TAX CREDIT. \nchild application. See PATENT APPLICATION. \nchild-benefit theory. See STUDENT-BENEFIT THEORY. \nchild-care fund. Family law. State-government funds set \naside to reimburse counties for part of the payments for \nchildren's foster care and expenses. \nchild-care rules. Family law. State administrative \nrules for the care of foster children . In most states, \ndepartments concerned with social services establish \nand enforce the rules governing the welfare of foster \nchildren. A few states have created agencies expressly \ndedicated to services for children. [Cases: Infants C=\" \n17,226.] \nchild custody. See CUSTODY (2). \nchild destruction. L See FETICIDE. 2. See INFANTICIDE \n(1). \n.child endangerment. (1981) The placing of a child in a \nplace or position that exposes him or her to danger to \nlife or health. Also termed endangering the welfare \nofa child. [Cases: Infants C='13, 156.] \nphysical child endangerment. Reckless behavior \ntoward a child that has caused or could cause serious \nphysical injury. -Sometimes shortened to physical \nendangerment. [Cases: Infants 13, 156.J \nchild in need ofsupervision. See CHILD. \nchild-kidnapping. See KIDNAPPIKG. \nchild labor. The employment ofworkers under the age of \nmajority. This term typically focuses on abusive prac\ntices such as exploitative factory work; slavery, sale, and \ntrafficking in children; forced or compulsory labor such \nas debt bondage and serfdom; and the use of children \nin prostitution, pornography, drug-trafficking, or \nanything else that might jeopardize their health, safety, \nor morals. Some writers restrict the term to activities \nforbidden by the International Labor Organization's \nminimum-age conventions. See ILO Minimum Age \nConvention ch. 138 (1973). See FAIR LABOR STANDARDS child-sexual-abuse accommodation syndrome \nACT. Cf. CHILD WORK. [Cases: Infants C='14; Labor and \nEmployment <>::>2245.] \noppressive child labor. Under the Fair Labor Standards \nAct, the employment of workers under the age of 16 \nin any occupation, or the employment of those 16 to \n18 years old in particularly hazardous occupations. \n29 USCA  203(1); 29 CFR  570.1(b). The Secretary of \nLabor may assess civil penalties of up to $10,000 per \nviolation. 29 USCA  216(e). Also termed harmful \nchild labor. [Cases: InfantsC= 14; Labor and Employ\nment \nchild-labor law. (1904) A state or federal statute that \nprotects children by prescribing the necessary working \nconditions for children in a workplace. See FAIR LABOR \nSTANDARDS ACT. [Cases: Infants C;=> 14.J \nchild maltreatment. See child abuse under ABUSE. \nchild molestation. See MOLESTATION. \nchildnapping. See child-kidnapping under KIDNAP\nPING. \nchild neglect. See KEGLECT. \nChild Online Protection Act. A 1998 federal statute \ndesigned to control child pornography on the Internet \nby prohibiting Internet speech that is \"harmful to \nminors.\"  Unlike the Communications Decency Act, \nCOPA does not apply to e-mail or chat-room com\nmunications. Among other things, COPA applies to \nsexually explicit material that appears to depict minors, \neven ifthe people are actually over 18 or the images are \ncomputer-generated and do not depict living people. \nAfter several court challenges, COPA was held uncon\nstitutional and never became effective. Abbr. COPA. \n[Cases: Telecommunications C;=> 1349.] \nchild out of wedlock. See illegitimate child under \nCHILD. \nchild pornography. See PORNOGRAPHY. \nchild prostitute. See PROSTITUTE  \nchild prostitution. See PROSTITUTION. \nChild Protective Services. A governmental agency \nresponsible for investigating allegations ofchild abuse \nand neglect, providing family services to the parent or \nguardian of a child who has been abused or neglected, \nand administering the foster-care program. -Abbr. \nCPS. -Also termed (in some states) Department of \nSocial Services; (esp. in Michigan) family independence \nagency. [Cases: Infants C;=> 17.J \nchild-rearing. Family law. The practices and customs \nfollowed in the upbringing of children, whether in a \nparticular family or in society generally. -Sometimes \nwritten childrearing. \nchildren's court. See juvenile court under COURT. \nchild's attorney. See attorney ad litem under ATTORNEY. \nchild-sexual-abuse accommodation syndrome. The \nsupposed medical and psychological condition of a \nchild who has suffered repeated instances of sexual \nabuse, usu. from a relative or family friend . This 50\ncalled \"syndrome\" has been repudiated by the scientific \n\ncommunity. It cannot be validated and thus cannot dis\ncriminate between abuse and nonabuse cases. Abbr. \nCSAAS. -Also termed child-sexual-abuse syndrome. \n[Cases: Criminal Law C::>474.4(4).] \nchild's income tax. See kiddie tax under TAX. \nchild-slaying. See INFANTICIDE. \nchild's part. An inheritance that, by statute in some \nstates, a widow may claim in lieu ofdower or what she \nwould receive under her husband's will. _ The amount \nis calculated by counting the widow as a child of the \ndecedent, sharing equally any entitlement with any \nother child. [Cases: Descent and Distribution C=' \n52-67.] . \nchild-stealing. See child-kidnapping under KIDNAP\nPING. \nchild support. (1939) Family law. 1. A parent's legal obli\ngation to contribute to the economic maintenance and \neducation of a child until the age ofmajority, the child's \nemancipation before reaching majority, or the child's \ncompletion ofsecondary education. -The obligation is \nenforceable both civilly and criminally. [Cases: Child \nSupport C:='22.] 2. In a custody or divorce action, the \nmoney legally owed by one parent to the other for the \nexpenses incurred for children of the -The \nright to child support is the child's right and cannot be \nwaived, and any divorce-decree provision waiving child \nsupport is void. Cf. ALIMONY. [Cases: Child Support \nC:='8,47, 100-165.] \ndecretal child support. Child support provided for in \na divorce decree or modification order. [Cases: Child \nSupport (:;::::>223, 342.] \nchild-support-enforcement agency. Family law. A gov\nernmental agency that helps custodial parents collect \nchild support. -Under Title IV(D) ofthe Social Security \nAct (42 USCA  654), states are required to establish \nchild-support-enforcement agencies to collect support \nfor obligee parents. Although the agencies are governed \nby a set of federal standards, each state has its own \ncentral registry. The CSE agency may operate through \nthe state's Department ofHuman Services, its Depart\nment of}ustice, its tax agency, or its Attorney General's \noffice. The agency can help locate a missing parent and \nestablish paternity. The agency works to establish and \nenforce support orders. -Abbr. CSE agency. Also \ntermed IV-D agency. See OFFICE OF CHILD-SUPPORT \nENFORCEMENT. [Cases: Child Support 189.] \nchild-support guidelines. Family law. Statutory pro\nvisions that govern the amount of child support that \nan obligor parent must pay. -Child-support guide\nlines have been developed in every state in response \nto the creation of the Temporary Assistance to Needy \nFamilies program. 42 USCA  601-603a. [Cases: Child \nSupport C='142-149.J \nChild Support Recovery Act of 1994. A statute that \nmade it a federal offense for a person to willfully fail \nto pay past-due child support for a child who lived \nin another state. _ This Act has been replaced by the \nDeadbeat Parents Punishment Act. 42 USCA  228. See DEADBEAT PARENTS PUNISHMENT ACT. [Cases: Child \nSupport C=652.] \nchildwit. Hist. A fine levied by a master on a servant who \nbecame pregnant without the master's consent. \nchild with disabilities. See CHILD. \nchild work. A minor's salutary employment, esp. within \nthe family. _ This term is sometimes used in contrast \nto child labor, the idea being that child work within the \nfamily unit can be a positive experience. Some scholars \nand courts note that child work can facilitate vocational \nskills and social adaptation, and is often viewed as an \nexpression offamily solidarity. Cf. CHILD LABOR. \nchill, vb. To inhibit or discourage <chill one's free-speech \nrights>. \nchilling a sale. (1881) The act of bidders or others \nwho combine or conspire to discourage others from \nattempting to buy an item so that they might buy the \nitem themselves for a lower price. \nchilling effect. (1952) 1. Constitutional law. The result of \na law or practice that seriously discourages the exercise \nof a constitutional right, such as the right to appeal or \nthe right offree speech. 2. Broadly, the result when any \npractice is discouraged. Also termed chilling bidding; \nchilling the bidding. \nchilling the bidding.!. See CHILLING EFFECT. 2. See \nCHILLING ASALE. \nChimel search. See protective search under SEARCH. \nchimney money. See HEARTH MONEY (1). \nChinese Wall. See ETHICAL WALL. \nCHINS. abbr. See child in need ofsupervision under \nCHILD. \nchirograph (kI-ril-graf), n. 1. Civil law. A handwritten \ninstrument. 2. A written deed, subscribed and wit\nnessed. -Also termed cyrographum. 3. Such a deed \nin two parts from a single original document separated \nby an indented line through the word \"chirographum,\" \neach party retaining one part. 4. Hist. FOOT OF TUE \nFINE. -Also termed (in sense 4) cyrographarius. \nchirographic, adj. \n\"Formerly, when deeds were more concise than at present, \nit was usual to write both parts on the same piece of parch\nment, with some word or letters of the alphabet written \nbetween them; through which the parchment was cut, \neither in a straight or indented line, in such a manner as \nto leave half the word on one part and half on the other. \nDeeds thus made were denominated svngrapha by the \ncanonists; and with us chirographa, or handwritings.\" 2 \nWill"}
{"text": "denominated svngrapha by the \ncanonists; and with us chirographa, or handwritings.\" 2 \nWilliam Blackstone, Commentaries on the Laws ofEngland \n! 295-96 (1766). \nchirographer offines (kr -rahg-r.:l- filr). !fist. A Court of \nCommon Pleas officer who engrossed court-ordered \nfines and delivered indentures ofthe fines to the parties. \nSee INDENTURE OF AFINE. \n\"Chirographer offvnes . .. signifieth in our common lawe, \nhim in the common bench office, that ingrosseth fines in \nthat court acknowledged, into a perpetuall record, after \nthey be acknowledged, and fully passed by those officers, \nby whome they are formerly examined; and that writeth \nand delivereth the indentures of them unto the party. This \n\n275 churning \nofficer also maketh two indentures, one for the buier, i chose in action. (l7c) 1. A proprietary right in personam, \nanother for the seller; and maketh one other indented \npeece, containing also the effect of the fine, which he deliv \nereth over to the custos brevium, that is called the foote of \nthe fine.\" John Cowell, The Interpreter (1607). \nchirographum (kr-rog-r;}-f\"m). [Latin fro Greek] Roman \nlaw. A handwritten document, usu. an undertaking or \nacknowledgment of debt written in the debtor's own \nhand. PL chirographa. \nchit. (l8c) 1. A signed voucher for money received or \nowed, usu. for food, drink, or the like. 2. A slip ofpaper \nwith writing on it. \nchivage. See CHEVAGE. \nchivalry (shiv-;}l-ree). (14c) Hist. Tenure held by knight\nservice; tenure in which a person held land in exchange \nfor military service of the highest order. See KNIGHT\nSERVICE. \n\"Chivalry is a tenure of land by knight's service: for the \nbetter understanding whereof it is to be known, that there \nis no land but is held mediately or immediately of the crown \nby some service or other; and therefore all our freeholds \nthat are to us and our heirs are called fees, as proceeding \nfrom the bounty of the king for some small yearly rent, \nand the performance of such services as originally were \nimposed upon the land at the giving thereof .... And \nthese services are all by Littleton divided into two sorts, \nchivalry and soccage: the one martial and military; the \nother clownish and rustical.\" Termes de la Ley 83-84 (1 st \nAm. ed. 1812). \nchoate (koh-it or -ayt), adj. (1878) 1. Complete in and \nofitself. 2. Having ripened or become perfected. Cf. \nINCHOATE. -choateness, n. \nchoate lien. See LIEN. \nchoice. See FREEDOM OF CHOICE. \nchoice ofevils. See NECESSITY (1). \nchoice-of-evils defense. See lesser-evils defense under \nDEFENSE (1). \nchoice-of-exclusive-forum clause. See FORUM-SELEC\n. TION CLAUSE. \nchoice ofjurisdiction. Conflict oflaws. The choice ofthe \nstate (or country) that should exercise jurisdiction over \na case. [Cases: Action C=> 17.J \nchoice oflaw. (1900) The question of which jurisdiction's \nlaw should apply in a given case. Cf. CONFLICT OF LAWS. \n[Cases: Action C=' 17.) \nchoice-of-law clause. (1957) A contractual provision by \nwhich the parties deSignate the jurisdiction whose law \nwill govern any disputes that may arise between the \nparties. Cf. FORUM-SELECTION CLAUSE. [Cases: Con\ntracts '::;:::'129(1).] \nchoice voting. See single transferable vote under VOTE \n(1). \nchop-shop, n. Criminal law. A garage where stolen auto\nmobiles are dismantled so that their parts can be sold \nseparately. [Cases: Receiving Stolen Goods C=> 1.] \nchorepiscopi. See SUFFRAGAN. \nchose (shohz), n. [French] (l7c) A thing, whether tangible \nor intangible; a personal article; a chatteL See THING. such as a debt owed by another person, a share in a \njoint-stock company, or a claim for damages in tort. \n[Cases: Property C=>5.5.] 2. The right to bring an \naction to recover a debt, money. or thing. 3. Personal \nproperty that one person owns but another person \npossesses, the owner being able to regain possession \nthrough a lawsuit. -Also termed thing in action. \n\"Chose, or, thing in action is, when a man hath cause. or \nmay bring an action for some duty due to him: as an action \nof debt ... and because they are things whereof a man is \nnot possessed, but for recovery of them is driven to his \naction, they are called things in action.\" Termes de la Ley \n85 (1st Am. ed. 1812). \n\"The term chose in action has been in common use for \na long time, but some doubts have been recently raised \nas to its precise meaning. (See Law Quarterly Review for \n1893. 1894, 1895.) A Divisional Court, however, has now \ngiven us the following definition: \"'chose in action\" IS a \nknown legal expression used to describe all personal \nrights of property which can only be claimed or enforced \nby action, and not by taking physical possession.' Torking \nton v. Magee, [1902] 2 K.B. p. 430. The phrase 'rights of \nproperty' does not seem a very happy one, but it is quite \nclear that the court meant to include under the term chose \nin action rights under a contract and rights of action arising \nfrom breach of contract.\" William R. Anson, Principles of \nthe Law of Contract 362 n.(b) (Arthur L. Corbin ed., 3d \nAm. ed. 1919). \nchose in possession. Personal property for which title \nand possession unite in the same person. Also \ntermed thing in possession. \nchose local. A fixed chattel. \nchose transitory. A movable chattel. \nchristian ita tis curia (kris-tee-an-;}-tay-tis kyoor-ee-a). \n[Latin \"Christian court\"] See ecclesiastical court (2) \nunder COURT. \nChristian name. See personal name under NAME. \nchurch court. See ecclesiastical court under COURT. \nchurch law. See CANON LAW (2). \nchurch rates. Hist. Eccles. law. A tax levied on parishio\nners by churchwardens and other representatives of the \nparish to raise funds for the repair and maintenance of \nthe parish church . The power to set and collect such \ntaxes was abolished in England in 1868. \nchurl (chari). See CEORL. \nchurn, burn, and bury, vb. (Of a stockbroker) to make \nnumerous risky trades in (an account) and, as a result, \nsquander the customer's money . The term denotes the \naction involved in particularly reckless churning. \nchurning, n. (1953) 1. Securities. A stockbroker's exces\nsive trading ofa customer's account to earn more com\nmissions rather than to further the customer's interests; \nan abuse of a customer's confidence for personal gain \nby frequent and numerous transactions, disproportion\nate to the size and nature ofthe customer's account . \nUnder securities laws, the practice is illegal a viola\ntion of lO(b) ofthe Exchange Act (15 USCA  78j(b. \nBut because the fraud is the activity as a whole and \nthere is no communication between the broker and \nthe customer about a specific sale of securities, there \n\nCIA 276 \nis not normally a right of action for fraud based on \nchurning. [Cases: Brokers Securities Regulation \nC:=>60.32(3).] 2. Tax. A transfer of property that does \nnot result in a significant change ofownership or use \nof the property, usu. to make the property eligible for \namortization or a more favorable method ofdeprecia\ntion. See ANTICHURNING RULE. churn, vb. \nCIA. abbr. (1951) CENTRAL INTELLIGENCE AGENCY. \nCID. abbr. CIVIL INVESTIGATIVE DEMAND. \nCIF. abbr. COST, INSURANCE, AND FREIGHT. \nCIF destination. See COST, INSURANCE, AND FREIGHT. \nCIF pla<:e of destination. See ClF destination under \nCOST, INSURANCE, AND FREIGHT. \nCinque Ports (singk ports). (17c) [Fr. \"five ports\"] The \nfive English ports -Hastings, Romney, Hythe, Dover, \nand Sandwich -that were important defenses against \nFrench invasion . They received special privileges and \nwere obliged to furnish a certain number ofships for \nuse in war. See COURT OF SHEPWAY. \n\"Cinque ports ... are those special havens that lie towards \nFrance, and therefore have been thought by out kings to be \nsuch as ought most vigilantly to be proserved [sic] against \ninvasion. In which respect they have a special Governor \nor Keeper, called by his office, Lord Warden of the Cinque \nPorts.\" Thomas Blount, NomoLexicon [n.p.] (1670). \n\"[M]ost of the seaport towns, or at least the more important \nones, had local, as distinguished from national or centrally \ncontrolled, courts with jurisdiction over the administration \nof the local sea law. Among these ports was one group \nwhich was particularly notable, called the Cinque Ports, or \nFive Ports~'cinque' being the French word for five. These \nfive ports were of particular importance as naval bases \nbecause of their nearness to the continent. In exchange for \nspecial naval assistance to the king in time ofwar, they were \nnot only permitted to acquire but also to keep a position of \nspecial importance in the field of maritime law, and with \nit a considerable measure of local, independent jurisdic\ntion, which served as a reminder in later centuries of the \noriginal local character of English admiralty jurisdiction.\" \nCharles Herman Kinnane, A First Book on Anglo-American \nLaw 362 (2d ed. 1952). \nCIO. abbr. 1. The Congress ofIndustrial Organizations, \nwhich merged with the AFL in 1955. See AMERICAN \nFEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL \nORGANIZATIONS. 2. CHIEF INFORMATION OFFICER. \nCIP. abbr. 1. CONTINUATION-IN-PART. 2. CARRIAGE AND \nINSURANCE PAID TO. \ncippi (sip-I). [Law Latin] Hist. See STOCKS. \ncirca (s<lr-ka), prep. [Latin] (1861) About or around (a \ndate, esp. an ancient one); approximately <the book was \nwritten circa 1938-1941>. -Abbr. ca.; c. \ncircle conspiracy. See wheel conspiracy under CONSPIR\nACY. \ncircuit, n. (I5c) 1. A judicial division in which hearings \noccur at several locations, as a result ofwhich judges \noften travel to different locations. [Cases: Courts (::::-:: \n45.] 2. A judicial division of the United States -that \nis, one of the 13 circuits into which the U.S. courts of \nappeals are organized. 28 USCA  41. \ncircuit court. See COURT. circuit executive. The chief executive officer ofa federal \njudicial circuit responsible for daily administration of \nthe courts. The circuit executive is the highest-rank\ning nonjudicial officer within a circuit. [Cases: Courts \n(>~55.] \ncircuit judge. See JUDGE. \ncircuit justice. See JUSTICE (2). \ncircuit mediator. An attorney-employee ofa U.S. court \nof appeals who mediates civil cases, usu. before oral \nargument. Also termed preargument-conference \nattorney; settlement counsel. lCases: Alternative Dispute \nResolution C:=>470.] \ncircuit-riding, n. Hist. The practice of a judge's travel\ning within a legislatively defined circuit to hear cases \nin one place for a time, then another, and so on. The \nAmerican practice of circuit-riding was based on the \nEnglish eyre system, in which justices rode between \nthe shire towns to hold assizes. See circuit-ridingjustice \nunder JUSTICE (2). \n\"The Judiciary Act of 1789 required that the justices of the \nSupreme Court serve also as judges of the circuit courts. \nThejustices complained that circuit riding caused serious \nphysical hardships and diverted them from more impor\ntant duties in the nation's capital. ... Congress in 1801 \nabolished circuit riding on grounds of efficiency, but a year \nlater a new Jeffersonian Republican majority restored the \npractice, obliging each justice to hold circuit court along \nwith a district judge. Gradually, however, improved commu\nnications, increasing business in the nation's capital, and \nthe strengthening of American nationhood following the \nCivil War rendered circuit riding anachronistic. Congress \nin the Judiciary Act of 1869 established a separate circuit \ncourt judiciary, although the justices retained nominal \ncircuit riding duties until the Circuit Court of Appeals Act \nof 1891. Congress officially ended the practice in 1911.\" \nThe Oxford Companion to the Supreme Court ofthe United \nStates 145 (Kermit L. Hall ed., 1992). \ncircuit-riding justice. See JUSTICE (2). \ncircuity of action. (17c) A procedure allowing dupli\ncative lawsuits, leading to unnecessarily lengthy and \nindirect litigation, as when a defendant fails to bring \na counterclaim, but later brings a separate action to \nrecover what could have been awarded in the original \nlawsuit. _ Civil-procedure rules have eliminated many \nproblems associated with circuity of action. [Cases: \nEquity C:=>52.] \n\"Circuity of action is, when an action is rightfully brought \nfor a duty, but yet about the bush, as it were, for that it \nmight as well have been otherwise answered and deter\nmined, and the suit saved: and because the same action \nwas more than needful, it is called circuity of action.\" \nTermes de la Ley 87 (1 st Am. ed."}
{"text": "was more than needful, it is called circuity of action.\" \nTermes de la Ley 87 (1 st Am. ed. 1812). \ncircular letter ofcredit. See LETTER OF CREDIT. \ncircular note. See LETTER OF CREDIT. \ncirculating capital. See floating capital under CAPITAL. \ncircumduction (sar-kam-d;)k-shan). Annulment; can\ncellation. \ncircumduction ofthe term. Scots law. A judicial decla\nration that the time allowed for the parties to present \nevidence has expired. \n\n277 \ncircum sacra (sar-k<1m say-kr<1). [Law Latin] Hist. Eccles. \nlaw. Concerning sacred things. -The phrase appeared \nin reference to the church's supreme jurisdiction over \nquestions of doctrine, as distinguished from a civil \ncourt's jurisdiction over other ecclesiastical matters. \nCircumspecte agatis (sar-k<1m-spek-tee a-gay-tis). [Latin \n\"that you act circumspectly\"] Hist. A directive from the \nking to his justices detailing the boundaries ofecclesi\nastical jurisdiction. -The directive, issued circa 1285, \nwas originally in the form of a writ, but over time it \nacquired statutory authority. The title Circumspecte \nagatis derives from the first few words ofthe writ: \"Rex \ntalibus judicibus salutem; Circumspecte agatis ....\" \ncircumstance, n. (often pl.) (13c) An accompanying or \naccessory fact, event, or condition, such as a piece of \nevidence that indicates the probability of an event. \ncircumstantial, adj. \naggravating circumstance. (17c) 1. A fact or situation \nthat increases the degree ofliability or culpability for \na criminal act. 2. A fact or situation that relates to a \ncriminal offense or defendant and that is considered \nby the court in imposing punishment (esp. a death \nsentence). -Aggravating circumstances in death\npenalty cases are usu. prescribed by statute. For a list \nof aggravating circumstances in a capital-murder \ncase, see Model Penal Code  210.6(3). -Also termed \naggravating element; aggravating factor; aggravator. \nCf. mitigating circumstance; MITIGATOR. [Cases: Sen\ntencing and Punishment (;:::>53, 589, 1652.] \nattendant circumstance. A fact that is situationally \nrelevant to a particular event or occurrence. - A fact\nfinder often reviews the attendant circumstances ofa \ncrime to learn, for example, the perpetrator's motive \nor intent. \nexigent circumstances. (1906) 1. A situation that \ndemands unusual or immediate action and that may \nallow people to circumvent usual procedures, as when \na neighbor breaks through a window of a burning \nhouse to save someone inside. 2. A situation in which \na police officer must take immediate action to effec\ntively make an arrest, search, or seizure for which \nprobable cause exists, and thus may do so without \nfirst obtaining a warrant. -Exigent circumstances \nmay exist if (1) a person's life or safety is threatened, \n(2) a suspect's escape is imminent, or (3) evidence is \nabout to be removed or destroyed. -Also termed \nemergency circumstances; special circumstances. \nextenuating circumstance. See mitigating circum\nstance. \nextraordinary circumstances. (17c) A highly unusual \nset of facts that are not commonly associated with a \nparticular thing or event. \nincriminating circumstance. (1885) A fact or situation \nshOWing either that a crime was committed or that a \nparticular person committed it. \nmitigating circumstance. (17c) L A fact or situation that \ndoes not justify or excuse a wrongful act or offense \nbut that reduces the degree of culpability and thus citation \nmay reduce the damages (in a civil case) or the pun\nishment (in a criminal case). [Cases: DamagesC::'59; \nSentencing and Punishment 590, 1653.J 2. A \nfact or situation that does not bear on the question \nof a defendant's guilt but that is considered by the \ncourt in imposing punishment and esp. in lessen\ning the severity of a sentence. - A court's or jury's \npower to consider mitigating circumstances cannot \nbe limited by statute. See Lockett v. Ohio, 438 U.S. 586, \n606,98 S.Ct. 2954, 2965 (1978). For a list ofmitigating \ncircumstances in a capital-murder case, see Model \nPenal Code  210.6(4). [Cases: Sentencing and Punish\nment C-~54, 590, 1653.] 3. Contracts. An unusual or \nunpredictable event that prevents performance, such \nas a labor strike. Also termed extenuating circum\nstance. Cf. aggravating circumstance. \nspecial circumstances. See exigent circumstances. \ncircumstantial evidence. See EVIDENCE. \ncircumvention. 1. Copyright. The act of bypassing, \navoiding, removing, deactivating, or impairing a tech\nnological measure or device that controls access to a \nwork protected by U.S. copyright law. _ Circumven\ntion of technology that effectively controls access to a \nwork protected by a U.S. copyright is prohibited under \n17 USCA  1201. [Cases: Copyrights and Intellectual \nPropertyC=,67.3.] 2. Scots law. FACILITY AND CIRCUM\nVENTION. \ncirliscus (S<1r-lis-k<1s). See CEORL. \nCIT. abbr. Court of International Trade. See UNITED \nSTATES COURT OF INTERNATIONAL TRADE. \ncitable, adj. Authorized by a court to be used as legal \nprecedent. -In general, published opinions are citable, \nbut unpUblished ones are not. -Also written citeable. \nCf. NONCITABLE. [Cases: Courts ~-:>107.J \ncitatio ad reassumendam causam (sI-tay-shee-oh ad \nree-as-yoo-men-dam kaw-zam). [Latin \"citation to take \nup a cause again\"] Civil law. A citation issued to revive \nan action that was abated upon one party's death. -The \ncitation issues against the deceased party's heir. Cf. bill \nofrevivor under BILL (2). \ncitation, n. (13c) 1. A court-issued writ that commands \na person to appear at a certain time and place to do \nsomething demanded in the writ, or to show cause for \nnot doing so. 2. A police-issued order to appear before a \njudge on a given date to defend against a stated charge, \nsuch as a traffic violation. Also termed appearance \nticket. [Cases: Automobiles (;:::>351.1.] 3. A reference to \na legal precedent or authority, such as a case, statute, or \ntreatise, that either substantiates or contradicts a given \nposition. Often shortened to (in sense 3) cite. \nparallel citation. (1911) An additional reference to a \ncase that has been reported in more than one reporter. \n_ For example, whereas a Bluebook citation reads \n\"Morgan v. United States, 304 U.S. 1 (1938),\" the same \nreference induding parallel citations reads \"Morgan \nv. United States, 304 U.S. 1, 58 S.Ct. 773, 82 L.Ed. \n1129 (1938),\" in which the main citation is to the U.S. \n\nReports and the parallel citations are to the Supreme \nCourt Reporter and to the Lawyers Edition. \npinpoint citation. (1961) The page on which a quotation \nor relevant passage appears, as opposed to the page \non which a case or article begins . For example, the \nnumber 217 is the pinpoint citation in Baker v. Carr, \n369 U.S. 186,217 (1962). Also termed jump citation; \ndictum page; pineite. \n4. A reference to another document in support of an \nargument, as in a patent prosecution in which a party \ntrying to defeat a claim of patentability refers to a \nprevious patent or a publication to show that the inven\ntion lacks novelty or nonobviousness. See REFERENCE \n(4). [Cases: Patents (;=:16.5(1).] \nfront-page citation. Patents. A citation of prior art \nlisted on the front page of a patent application and \ndisclosing a patent or publication that is pertinent to \nthe patentability ofany ofthe application's claims. \ntextual citation. Patents. A reference to a work contain\ning prior art listed in a patent application's body. \ncitational, adi. Ofor relating to a citation (esp. a refer\nence citation) <citational analysis>. \ncitation order. (1955) The appropriate ranking of the \nvarious authorities marshaled in support of a legal \nproposition. \nCitations, Law of. Roman law. An A.D. 426 decree of \nEmperor Valentinian III listing Papinian, Paul, Gaius, \nUlpian, and Modestinus as juristic writers who could \nbe cited authoritatively in court. If a majority of the \nwriters agreed on an issue, the judge was bound to \nfollow the majority view. The Law ofCitations allowed \nthe judge to use discretion only if the writers were \nequally divided and Papinian (whose view prevailed \nin a tie) was silent on the issue. \n\"In 426 came the famous lex de respansis prudentium -the \nLaw of Citations.... This law lessened the difficulties of the \ncourts in dealing with juristic literature. It excluded a huge \nmass of conflicting doctrine, the relative value of which \nhad not been determined, and which yet had to be used by \nthe judges as a source of principle on which to base their \ndecisions.\" W.W. Buckland, A TextBaak of Roman Law from \nAugustus to Justinian 33 (Peter Stein ed., 3d ed. 1963). \ncitation signal. See SIGNAL (2). \ncitator (SI-tay-tJr). A catalogued list of cases, statutes, \nand other legal sources showing the subsequent history \nand current precedential value of those sources. \nCitators allow researchers to verify the authority of \na precedent and to find additional sources relating to \na given subject. Citators were originally printed on \ngummed paper and pasted next to the report ofa cited \ncase. Today, citators are published in volumes and are \nalso available online; the two most popular are Shep\nard's and KeyCite. \n\"A citator is a compilation showing where certain cases \nhave been cited in other cases, and whether the provi \nsions of constitutions and statutes have been repealed, \namended, or otherwise affected, or have been judicially \nconstrued, or have been cited.\" Frank Hall Childs, Where \nand How to Find the Law 61 (1922). citatory (SI-tHor-ee), adj. Of, relating to, or having the \npower ofa citation or summons detters citatory>. \ncite, n. See CITATION (3). \ncite, vb. (I5c) 1. To summon before a court oflaw <the \nwitness was cited for contempt>. 2. To refer to or \nadduce as precedent or authority <counsel then cited \nthe appropriate statutory provision>. 3. To commend \nor honor <the soldier was cited for bravery>. \nciteable. See CITABLE. \ncitizen, n. (l4c) I. A person who, by either birth or natu\nralization, is a member ofa political community, owing \nallegiance to the community and being entitled to enjoy \nall its civil rights and protections; a member ofthe civil \nstate, entitled to all its privileges. Cf. RESIDENT; DOMI\nCILIARY. [Cases: Aliens, Immigration, and Citizenship \ncitizen by naturalization. See naturalized citizen. \nfederal citizen. A citizen of the United States. \nnatural-born citizen. A person born within the juris\ndiction of a national government. [Cases: Aliens, \nImmigration, and Citizenship (;=:689-728.] \nnaturalized citizen. A foreign-born person who attains \ncitizenship by law. Also termed citizen by natural\nization. [Cases: Aliens (;=:60-70.] \n2. For diversity-jurisdiction purposes, a corporation \nthat was incorporated within a state or has its principal \nplace ofbusiness there. 28 USCA  1332(c)(1). [Cases: \nFederal Courts (;=:297,300.] \ncitizen-informant. See INFORMANT. \ncitizen's arrest. See ARREST. \ncitizenship, n. 1. The status ofbeing a citizen. 2. The \nquality of a person's conduct as a member of a com\nmunity. \ncorporate citizenship. See CORPORATE CITIZENSHIP. \ndual citizenship. See DUAL CITIZENSHIP. \nCitizenship Clause. (1896) The clause of the U.S. Con\nstitution providing that all persons born or naturalized \nin the United States are citizens of the United States \nand the state they reside in. U.S. Const. amend. XIV, \n 1, cl. 1. [Cases: Aliens, Immigration, and Citizenship \nC=652,678.] \ncitizen suit. An action under a statute giving citizens \nthe right to sue violators ofthe law (esp. environmental \nlaw) and to seek injunctive relief and penalties. In \nthe 1970s, during the heyday of antipollution statutes \nsuch as the Clean Water Act and the Clean Air Act, \nlegislators believed that regulators sometimes become \ntoo close to the industries they oversee and, as a result, \nlack the aggreSSiveness that individual citizens bring \nto litigation. The statutes therefore authorize, among \nother things, \"private attorneys general\" (citizens) to \nprotect the environment. This includes not only injunc\ntions to stop pollution but also penalties to be paid to \nthe U.S. Treasury. A federal plaintiff must sue under a \nstatutory citizen-suit provision and also satisfy consti\n\n279 civil-damage law \ntutional-standing requirements. See STANDING. [Cases: \nEnvironmental Law (;=>20.] \ncitology. See LEGAL CITOLOGY. \ncitra causae cogn"}
{"text": "\nEnvironmental Law (;=>20.] \ncitology. See LEGAL CITOLOGY. \ncitra causae cognitionem (sit-rJ kaw-zee kog-nish-ee\noh-nJm). [Latin] Hist. Without investigating the cause; \nabsent a judicial investigation. \n\"Citra causae cognitionem .... Formerly all interdiction \nwas judicial, and proceeded upon an investigation of the \nfacts and on its necessity or expediency being made out to \nthe satisfaction of the Court. No other kind of interdiction \nwas allowed, but voluntary interdiction, without such inves\ntigation, was afterwards admitted.\" John Trayner, Trayner's \nLatin Maxims 78 (4th ed. 1894). \ncity. 1. A municipal corporation, usu. headed by a mayor \nand governed by a city council; a municipality of the \nhighest grade. [Cases: Municipal Corporations (;=>1.1.1 \n2. The territory within a city's corporate limits. 3. Collec\ntively, the people who live in this territory. Cf. TOWN. \ncity attorney. (1837) An attorney employed by a city \nto advise it and represent it in legal matters. Also \ntermed municipal attorney; city counsel; corporation \ncounsel; city solicitor. [Cases: Municipal Corporations \n(;=>2l4(3).] \n\"There may have been a time in this country when the \nfunction of the City Attorney of the average city consisted \nmainly of advising the Council, preparing an occasional \nordinance or handling an infrequent lawsuit. The legal \nbusiness of the average city is no longer so simple, so \ninfrequent and so nonconsuming of the time of the City \nAttorney. Every action of the City must be justified by \nits legal powers, and the City Attorney is the municipal \nofficer whose responsibility it is to decide whether any act \nor action is within the city's legal powers. The demands of \ncitizens for augmented municipal services, and the result\ning diversification of city operations have increased the \nvolume of work to the point where the City Attorney, in \nmany cities, has become a central consultant of the city \nofficers and employees on a day-to-day, hour-to-hour \nbasis.\" Allen Grimes, The CitV Attomev: A Practice Manual \n6 (1978). \ncity auditor. See AUDITOR. \ncity clerk. See CLERK (1). \ncity council. A city's legislative body, usu. responsible \nfor passing ordinances, levying taxes, appropriating \nfunds, and generally administering city government. \nAlso termed (in some states) board ofaldermen. [Cases: \nMunicipal Corporations (;=>80.] \ncity counsel. See CITY ATTORNEY. \ncity court. See municipal court under COURT. \ncity manager. A local official appointed to manage and \nadminister the executive affairs of a municipality in \naccordance with the policies established by the city \ncouncilor other governing body. \ncity judge. See municipal judge under JUDGE. \ncity solicitor. See CITY ATTORNEY. \ncity treasurer. See TREASURER. \nCiv. Ct. See civil court under COURT. \ncivic, adj. (1656) 1. Ofor relating to citizenship or a par\nticular citizen <civic responsibilities>. 2. Ofor relating \nto a city <civic center>. civil, ad). (14c) 1. Ofor relating to the state or its citizenry \n<civil rights>. 2. Of or relating to private rights and \nremedies that are sought by action or suit, as distinct \nfrom criminal proceedings <civil litigation>. [Cases: \nAction C~IS.] 3. Of or relating to any ofthe modern \nlegal systems derived from Roman law <Louisiana is a \ncivil-law jurisdiction>. \ncivil action. See ACTION (4). \ncivil arrest. See ARREST. \ncivil assault. See ASSAULT. \ncivil-authority clause. Insurance. A clause, esp. in a fire\ninsurance policy, insuring against damages caused by \nfirefighters, police, or other civil authority. [Cases: \nInsurance (;=>2157,2163.] \ncivil bail. See BAIL (1). \ncivil code. (lSc) 1. A comprehensive and systematic leg\nislative pronouncement ofthe whole private, noncom\nmerciaIlaw in a legal system ofthe continental civil-law \ntradition. 2. (caps.) The code that embodies the law of \nFrance, from which a great part of the Louisiana civil \ncode is derived. -Abbr. Cc. -Also termed Code \nCivil. See NAPOLEONIC CODE. 3. A codification ofnon\ncriminal statutes. \ncivil cognation. See COGNATION. \ncivil commitment. (1945) 1. A commitment ofa person \nwho is ill, incompetent, drug-addicted, or the like, as \ncontrasted with a criminal sentence . In contrast to \na criminal commitment, the length of a civil commit\nment is indefinite because it depends on the person's \nrecovery. [Cases: Chemical Dependents (;=>10; Mental \nHealth (;;.;31.) 2. A public demonstration by two people \nof their intent to be bound together in a marriage-like \nrelationship . The demonstration is usu. in the form of \na ceremony, often identical to a wedding, but the rela\ntionship is usu. not legally recognized and can be dis\nsolved without legal formalities. See CIVIL UNION. 3. A \nresidential program characterized by intense and strict \nsupervision ofsex offenders who have completed their \nprison sentences but are found to be likely to commit \nmore sex crimes. [Cases: Mental Health (;=>465.] \ncivil-commitment statute. A law that provides for the \nconfinement of a person who is mentally ill, incom\npetent, drug-addicted, or the like . Unlike criminal \nincarceration, civil commitment is for an indefinite \nperiod. [Cases: Chemical Dependents (;=>12; Mental \nHealth (;=>37.] \ncivil commotion. (16c) A public uprising by a large \nnumber ofpeople who, acting together, cause harm to \npeople or property . A civil commotion usu. involves \nmany more people than a riot. -Sometimes shortened \nto commotion. Cf. RIOT. [Cases: Riot \ncivil conspiracy. See CONSPIRACY. \ncivil contempt. See CONTEMPT. \ncivil corporation. See CORPORATION. \ncivil court. See COURT. \ncivil-damage law. See DRAM-SHOP ACT. \n\n280 civil day \ncivil day. See artificial day under DAY. \ncivil death. See DEATH. \ncivil defense. 1. The practice ofprotecting civilians from \ndangers caused by hostilities or disasters and helping \nthem recover from the immediate effects of such events. \n2. The policies that underlie this practice. \ncivil disability. See DISABILITY (3). \ncivil disobedience. (1866) A deliberate but nonviolent \nact oflawbreaking to call attention to a particular law \nor set oflaws believed by the actor to be ofquestionable \nlegitimacy or morality. \n\"Social protest and even civil disobedience serve the law's \nneed for growth. Ideally, reform would come according to \nreason and justice without self-help and disturbing, almost \nviolent, forms of protest .... Still, candor compels one \nhere again to acknowledge the gap between the ideal and \nthe reality. Short of the millennium, sharp changes in the \nlaw depend partly upon the stimulus of protest.\" Archibald \nCox, Civil Rights, the Constitution, and the Courts, 40 N.Y. \nState B.J. 161, 169 (1968). \ncivil disorder. (l8c) A public disturbance involving three \nor more people who commit violent acts that cause \nimmediate danger or injury to people or property. See \nRIOT. [Cases: Riot (;::::> 1.] \ncivil embargo. See EMBARGO (2). \ncivil forfeiture. See FORFEITURE. \ncivil fraud. See FRAUD. \ncivil fruit. See FRUIT. \ncivilian, n. 1. A person not serving in the military. 2. A \nlawyer practicing in a civil-law jurisdiction. Also \ntermed civilista. 3. A scholar in civil or Roman law. \ncivilian, adj. \ncivil impediment. See IMPEDIMENT. \ncivil imprisonment. Rist. See IMPRISONMENT FOR \nDEBT. \ncivil infraction. See INFRACTION. \ncivil injury. See INJURY. \ncivil investigative demand. 1. A request for information \nserved by the U.S. Attorney General on any person who \nmay have documents or information relevant to a civil \nantitrust investigation or to an investigation authorized \nby section 3 ofthe International Antitrust Enforcement \nAssistance Act (15 USCA  6202). A civil investiga\ntive demand can be issued before a civil or criminal \naction is begun, and can be served on anyone -not just \npotential defendants thought to possess information \npertinent to the investigation. If the Attorney General \nbegins a civil or criminal action, this demand may not \nbe served on persons within the scope of the proceed\ning. [Cases: Antitrust and Trade Regulation G::::>954.] \n2. A similar request for information served by a differ\nent governmental entity, esp. a state attorney general. \n[Cases: Attorney General (>~J6.1- Abbr. cm. \ncivilis (S;;l-VI-lis), adj. [Latin] Of or according to civil \nlaw. \ncivilista (siv-a-lis-ta). [Latin] Rist. See CIVILIAN (2). civiliter (sa-vil-a-tar), adv. [Latin \"civilly\"]!. Bya civil, as \ndistinguished from a criminal, proceeding. Cf. CRIMI\nNALITER. 2. Civilly; as a citizen. \nciviliter mortuus (sa-vil-a-tar mor-choo-as). [LatinJ \nCivilly dead <the wife ofa man civiliter mortuus had \nsimilar rights>. See civil death (1) under DEATH. \ncivilization. (l8c) The transformation of a criminal \nmatter to a civil one by law or judgment. Cf. CRIMI\nNALIZATION (1). \ncivil justice. (I6c) The methods by which a society \nredresses civil wrongs. Cf. CRIMINAL JUSTICE (1). \ncivil law. (14c) I. (usu. cap.) One of the two prominent \nlegal systems in the Western world, originally admin\nistered in the Roman Empire and still influential in \ncontinental Europe, Latin America, Scotland, and \nLouisiana, among other parts of the world; ROMAN \nLAW. In reference to Romans, civil law (commonly \nreferred to as jus civile) denotes the whole body of \nRoman law, from whatever source derived. But it is also \nused to denote that part of Roman law peculiar to the \nRomans, as opposed to the common law ofall peoples \n(jus gentium). Also termed jus civile; Romanesque \nlaw. Cf. COMMON LAW (2). 2. The body oflaw imposed \nby the state, as opposed to moral law. 3. The law ofcivil \nor private rights, as opposed to criminal law or admin\nistrative law. -Abbr. CL. \n\"The difference between civil law ... and criminal law turns \non the difference between two different objects which the \nlaw seeks to pursue ~redress or punishment. The object \nof civil law is the redress of wrongs by compelling com \npensation or restitution: the wrongdoer is not punished, \nhe only suffers so much harm as is necessary to make \ngood the wrong he has done. The person who has suffered \ngets a definite benefit from the law. or at least he avoids \na loss. On the other hand, in the case of crimes, the main \nobject of the law is to punish the wrongdoer; to give him \nand others a strong inducement not to commit the same \nor similar crimes, to reform him if pOSSible, and perhaps \nto satisfy the public sense that wrongdoing ought to meet \nwith retribution.\" William Geldart, Introduction to English \nLaw 146 (O.CM. Yardley ed., 9th ed. 1984). \ncivil liability. See LIABILITY. \ncivil-liability act. See DRAM-SHOP ACT. \ncivil liberty. (usu. pl.) (17c) Freedom from undue govern\nmental interference or restraint.  This term usu. refers \nto freedom of speech, freedom of the press, freedom \nof religion, freedom of association, and other liberties \nassociated with the Bill of Rights. In American law, \nearly civil liberties were promulgated in the Lawes and \nLibertyes ofMassachusetts (1648) and the Bill of Rights \n(1791). In English law, examples are found in Magna \nCarta (1215), the Petition of Right (1628), and the Bill \nofRights (1689). Also termed civil right. [Cases: Civil \nRights G:::::: 1027.] \ncivil list. An annual sum granted by Parliament for the \nexpenses of the royal household. \ncivil marriage. See MARRIAGE (3). \ncivil month. See MONTH (1). \ncivil obligation. 1. See conventional obligation under \nOBLIGATION (3). 2. See OBLIGATION (2). \n\n281 \ncivil offense. See public tort under TORT. \ncivil partnership. See CIVIL UNION. \ncivil penalty. See PENALTY (1). \ncivil possession. See POSSESSION. \ncivil power. See POLITICAL POWER. \ncivil procedure. (18c) 1. 'The body oflaw usu. rules \nenacted by the legislature or courts -governing the \nmethods and practices used in civil litigation . An \nexample is the Federal Rules of Civil Procedure. 2. A \nparticular method or practice used in carrying on civil \nlitigation in a particular jurisdiction. \ncivil process. See PROCESS. \ncivil remedy. See REMEDY (1). \ncivil right. (usu. pI.) (l7c) 1. The individual rights of \npersonal liberty guaranteed by the Bill of Rights and \nby the 13th. 14th, 15th. and 19th Amendments, as well \nas by legislation such as the Voting Rights Act.  Civil \nrights include esp. the right to vote, the right of due \nprocess. and the right ofequal protection under the law. \n[Cases: Civil Rights (:::::>1027.]2. CIVIL LIBERTY. \n\"At common law a person conVicted of a felony became an \noutlaw. He lost all of his civil rights"}
{"text": "ERTY. \n\"At common law a person conVicted of a felony became an \noutlaw. He lost all of his civil rights and all of his property \nbecame forfeited. This harsh rule no longer prevails. Under \nmodern jurisprudence the civil rights of a person convicted \nof a crime, be it a felony or misdemeanor, are in nowise \naffected or diminished except insofar as express statutory \nprovisions so prescribe.\" Alexander Holtzoff, \"Civil Rights \nof Criminals,\" in Encyclopedia of Criminology 55 (Vernon \nC. Branham & Samuel B. Kutash eds., 1949). \ncivil-rights act. (1867) One of several federal statutes \nenacted after the Civil War (1861-1865) and, much \nlater, during and after the civil-rights movement ofthe \n1950s and 1960s, for the purpose ofimplementing and \ngiving further force to the basic rights guaranteed by \nthe Constitution, and esp. prohibiting discrimination \nin employment and education on the basis of race, sex, \nreligion, color, or age. [Cases: Civil Rights 1002, \n1102.1 \ncivil-rights removal. See REMOVAL. \ncivil service, n. 1. The administrative branches ofa gov\nernment. [Cases: Officers and Public Employees (:::::> 1l.] \n2. The group ofpeople employed by these branches. \ncivil servant, n. \nCivil Service Commission. A former independent \nfederal agency that supervised the government's per\nsonnel system . 'The agency was created in 1883 and \nabolished by Reorganization Plan No.2 of 1978. Its \nfunctions were transferred to the Merit Systems Pro\ntection Board and the Office ofPersonnel Management. \nSee MERIT SYSTEMS PROTECTION BOARD; OFFICE OF \nPERSONNEL MANAGEMENT. [Cases: Officers and Public \nEmployees C;:;:,72.20.) \ncivil-service reform. 'The use ofbusiness principles and \nmethods instead of the spoils system in the conduct \nof the civil service, esp. in awarding contracts and \nappointing officials. \ncivil society. See SOCIETY. claim \ncivil term. See TERM (5). \ncivil union. Family law. A marriage-like relationship, \noften between members ofthe same sex, recognized by \ncivil authorities within a jurisdiction . Vermont was \nthe first state to recognize civil unions. In December \n1999, the Vermont Supreme Court ruled that denying \ngay couples the benefits of marriage amounted to \nunconstitutional discrimination. Baker v. State, 744 \nA.2d 864 (Vt. 1999). Several months later the legislature \npassed a civil-unions law, which took effect on July 1, \n2000. -Also termed civil partnership. Cf. DOMESTIC \nPARTNERSHIP; same-sex marriage under MARRIAGE (1). \n[Cases: Marriage (:::::> 17.5,54.] \ncivil war. See WAR. \ncivil wrong. (17c) 1. See WRONG. 2. See TORT. 3. See \nDELICT. \ncivis (siv-is). [Latin) Roman law. A Roman citizen; a \nperson entitled to the public and private rights associ\nated with Roman citizenship. Female citizens had \nonly private rights. -Also termed civis Romanus; civis \nRomana. \ncivitas (siv-a-tas), n. [Latin) Roman law. 1. A state. 2. An \norganized community; a territorial unit. \ncivitatis amissio (siv-i-tay-tis a-mish-ee-oh). [Latin] \nHist. Loss ofcitizenship. \nC.}. abbr. 1. See chiefjustice under JUSTICE (2). 2. See \nchiefjudge under JUDGE. 3. See circuit judge under \nJUDGE. 4. CORPUS JURIS. \nCJC. abbr. CODE OF JUDICIAL CONDUCT. \nCJE. abbr. CONTINUING JUDICIAL EDUCATION. \nC.J.S. abbr. Corpus Juris Secundum. -Also written \nCIS. \nCL. abbr. CIVIL LAW. \nClaflin trust. See indestructible trust under TRUST. \nClaflin-trust principle. The doctrine that a trust cannot \nbe terminated by the beneficiaries if the termination \nwould defeat one of the settlor's material purposes in \nestablishing the trust. even if all the beneficiaries seek \nits termination. _ The Claflin principle, which derives \nfrom Claflin v. Claflin, 20 N.E. 454 (Mass. 1889), is often \ncited as the purest illustration ofdeadhand control,\" \nin which the wishes of the now dead settlor prevail \nover the wishes and needs ofliving beneficiaries. Ifthe \nsettlor is alive and consents to the modification or ter\nmination ofthe trust, the trust may usu. be terminated, \nunless it is irrevocable. Trusts in the Claflin category \nare spendthrift trusts, support trusts, trusts in which \nthe trustee has discretion to make distributions, and \ntrusts in which the beneficiary is entitled to income \nuntil a certain age, at which point the beneficiary will \nreceive the principal. \nclaim, n. (13c) 1. The aggregate of operative facts giving \nrise to a right enforceable by a court <the plaintiff's \nshort, plain statement about the crash established the \nclaim>. Also termed claim for relief (1808). 2. The \nassertion ofan existing right; any right to payment or to \n\nan equitable remedy, even ifcontingent or provisional \n<the spouse's claim to half ofthe lottery winnings>, 3. \nA demand for money, property, or a legal remedy to \nwhich one asserts a right; esp\" the part of a complaint \nin a civil action specifying what relief the plaintiff asks \nfor, [Cases: Federal Civil Procedure (;:::J680; Pleading \n(;:::J,72.] \ndonation claim. Property law. A claim for ownership \nofland under a donation act or bounty-land warrant. \nSee DONATION ACT; BOUNTy-tAND WARRANT. \nhonest claim. A claim made by someone who believes, \nhowever unreasonably, that he or she has a right to \nsomething or that there is a chance that such a right \nexists. \nliquidated claim. 1. A claim for an amount previously \nagreed on by the parties or that can be precisely \ndetermined by operation oflaw or by the terms of \nthe parties' agreement. 2. A claim that has been deter\nmined in a judicial proceeding. -Also termed liqui\ndated demand, [Cases: Accord and Satisfaction C:::.) \n10; Interest (;:::.39(2.15).] \nmatured claim. A claim based on a debt that is due \nfor payment. \nstale claim. (I8c) A claim that is barred by the statute \noflimitations or the defense oflaches. Also termed \nstale demand. [Cases: Equity (;:::J67; Limitation of \nActions (;:::J 1, 165.] \nunliquidated claim. A claim in which the amount \nowed has not been determined. [Cases: Accord and \nSatisfaction C:;:, 10; Interest (;:::J39(2.15).] \n4. An interest or remedy recognized at law; the means \nby which a person can obtain a privilege, possession, \nor enjoyment of a right or thing; CAUSE OF ACTION (1) \n<claim against the employer for wrongful termina\ntion>. \nancillary claim. (1906) A claim that is collateral to, \ndependent on, or auxiliary to another claim, such \nas a state-law claim that is sufficiently related to a \nfederal claim to permit federal jurisdiction over it . \nThe concept of ancillary federal jurisdiction is now \ncontained in the supplemental-jurisdiction statute, \n28 USCA  1367. See ancillary jurisdiction and sup\nplemental jurisdiction under TURISDICTION. [Cases: \nFederal Courts 20.] \ncolorable claim. 1. A claim that is legitimate and that \nmay reasonably be asserted, given the facts presented \nand the current law (or a reasonable and logical exten\nsion or modification ofthe current law). 2. A claim in \nwhich the debtor and property holder are, as a matter \noflaw, not adverse . An example of a colorable claim \nis one made by a person holding property as an agent \nor bailee of the bankrupt. \ncontingent claim. A claim that has not yet accrued and \nis dependent on some future event that may never \nhappen. \ncounterclaim. See COUNTERCLAIM. \ncross-claim. See CROSS-CLAIM. frivolous claim. A claim that has no legal basis or merit, \nesp. one brought for an unreasonable purpose such as \nharassment. Fed. R. Civ. P. l1(b). \nsupplemental claim. A claim for further reliefbased on \nevents occurring after the original claim was made. \nS. Bankruptcy. (1842) A right to payment or to an equi\ntable remedy for breach of performance if the breach \ngives rise to a right to payment . It does not matter \nwhether the right has been reduced to judgment or \nwhether it is liquidated or unliquidated, fixed or con\ntingent, matured or unmatured, disputed or undis\nputed, or secured or unsecured. \ncreditor's claim. A claim that a creditor has against a \ndebtor. [Cases: Bankruptcy (;:::J,2825.] \ninvoluntary gap claim. A claim that accrues in the \nordinary course of business after an involuntary \nbankruptcy petition has been filed but before the \norder for relief or the appointment of a trustee . The \nBankruptcy Code gives priority to creditors with \nclaims of this type to encourage creditors to continue \ndealing with a debtor until the debtor has a chance \nto challenge the involuntary petition. [Cases: Bank\nruptcy (;:::J2833.] \npriority claim. An unsecured claim that, under bank\nruptcy law, must be paid before other unsecured \nclaims. The Bankruptcy Code sets forth nine \nclasses of claims, to be paid in order of priority: (1) \nadministrative expenses of the bankruptcy estate, (2) \ninvoluntary gap claims, (3) wage claims, (4) contribu\ntions to employee benefit plans, (5) claims of grain \nfarmers and fishermen, (6) consumer deposits, (7) \nalimony, maintenance, and child-support claims, \n(8) tax claims, and (9) capital requirements of an \ninsured depository institution. [Cases: Bankruptcy \n(;:::J2951-2972.] \nsecured claim. A claim held by a creditor who has a \nlien or a right of setoff against the debtor's property. \n[Cases: Secured Transactions 1] \nunsecured claim. 1. A claim by a creditor who does \nnot have a lien or a right ofsetoff against the debtor's \nproperty. 2. A claim by a creditor to the extent that its \nlien on or right ofsetoff against the debtor's property \nis worth less than the amount ofthe debt. \n6. Patents. PATENT CtAIM. \nclaim and delivery. (1842) A claim for the recovery \nof specific personal property wrongfully taken or \ndetained, as well as for any damages caused by the \ntaking or detention. This claim derives from the \ncommon-law action of replevin. -Sometimes written \nclaim-and-delivery. See REPtEVIN. [Cases: Replevin \n1.] \nclaimant, n. (ISc) One who asserts a right or demand, \nesp, formally; esp., one who asserts a property interest \nin land, chattels, or tangible things, \noccupying claimant. See OCCUPYING CLAIMANT. \n\nclaim check. A receipt obtained for bailed or checked \nproperty and surrendered by the holder when the bailee \nreturns the property. \nclaim differentiation. Patents. A canon ofconstruction \npresuming that each claim in a patent is different in \nscope and meaning from all other claims; the presump\ntion that different terms in separate claims must have \ndifferent meanings ifone ofthe claims would otherwise \nbe rendered superfluous. -The presumption cannot \nbe used by the patentee to broaden claims, and a court \nwill ignore it when convinced that its own interpreta\ntion ofthe claims is correct. The presumption is stron\ngest when a different interpretation would be the only \nway to make a dependent claim more limiting than the \nindependent claim it refers to. -Also termed doctrine \nofclaim differentiation. [Cases: Patents (;::) 165(5).] \nclaim dilution. Bankruptcy. The reduction in the like\nlihood that a debtor's claimants will be fully repaid, \nincluding considerations ofthe time value ofmoney. \nclaim for relief. (1808) See CLAIM (1). \nclaim in equity. Rist. A summary proceeding created \nto eliminate protracted pleading procedure in simple \ncases. -The claim in equity was established in England \nin 1850 and abolished in 1860. \nclaim-jumping. 1. The extension of the borders of a \nmining claim to infringe on other areas or claims. \n[Cases: Mines and Minerals 2. The filing of \na duplicate claim to take advantage of a flaw in the \noriginal claim. \nclaim limitation. Patents. In a patent application, a state\nment that describes the means for performing a speci\nfied function without reciting the structure, materials, \nor acts that support that function. -Claim limitations \ndefine the invention by distinguishing it from prior art. \n[Cases: Patents (;::::clOl(3).] \nclaim ofappeal. See NOTICE OF APPEAL. \nclaim ofcognizance. Rist. An intervention seeking the \nreturn of a case to the claimant's own court. -Cogni\nzance may be claimed by a person, city, or public corpo\nration granted the right to hold court. -Also termed \nclaim ofconusance. See COGNIZANCE; CONUSANCE. \nclaim ofconusance. See CLAIM OF COGNIZANCE. \nclaim of liberty. Hist. A petition to the Crown, filed in \nthe Court ofExchequer, seeking the Attorney General's \nconfirmation ofliberties and franchises. \nclaim ofownership. (1818) 1. The possession of a piece \nof property with the intention ofclaiming it in hostil"}
{"text": "ownership. (1818) 1. The possession of a piece \nof property with the intention ofclaiming it in hostil\nity to the true owner. [Cases: Adverse Possession \n68.] 2. A party's manifest intention to take over land, \nregardless oftitle or right. Also termed claim ofright; \nclaim oftitle. \nclaim ofpriority. See BENEFIT OF AN EARLIER FILING \nDATE. \nclaim of right. 1. Rist. A criminal defendant's plea \nthat the defendant committed the act in question \nunder the mistaken but honest belief that it was legaL \n-Defendants accused of theft often raised this plea, asserting an honest belief in a superior right to the \nproperty taken. The claim ofright could also be raised \nas a defense against bigamy ifthe defendant honestly \nbelieved that an earlier marriage had been legally dis\nsolved. The usual phrase today is honesty defense. Cf. \nhonesty defense under DEFENSE (1). 2. Hist. An owner's \naction to recover unjustly taken land in fee simple by \nemploying a writ ofcourse. See WRIT OF COURSE. 3. \nCLAIM OF OWNERSHIP. \nclaim-of-right doctrine. Tax. The rule that any income \nconstructively received must be reported as income, \nwhether or not the taxpayer has an unrestricted claim \nto it. [Cases: Internal Revenue (;::::c3086, 3118.] \nclaim oftitle. See CLAIM OF OWNERSHIP. \nclaim preclusion. See RES JUDICATA. \n\"[T)he prinCipal distinction between claim preclusion and \nissue preclusion is ... that the former forecloses litigation \nof matters that have never been litigated. This makes it \nimportant to know the dimensions of the 'claim' that is \nforeclosed by bringing the first action, but unfortunately \nno precise definition is possible.\" Charles Alan Wright, The \nLaw of Federal Courts  100A, at 723 (5th ed. 1994). \nclaim-property bond. See repleVin bond under BOND \n(2). \nclaims adjuster. See ADTt:STER. \nclaims-consciousness, n. The quality characterizing a \nlegal culture in which people have firm expectations of \njustice and are willing to take concrete steps to see that \njustice is done <claims-consciousness in the United \nStates has resulted from certain social changes, not \nfrom any character deficiency>. -Also termed rights\nconsciousness. claims-conscious, adj. \nclaims court. See court ofclaims under COURT. \nClaims Court, U.S. See UNITED STATES COURT OF \nFEDERAL CLAIMS. \nclaims-made policy. See INSURANCE POLICY. \nclaim the floor. Parliamentary law. To address the chair \nfor the purpose ofbeing recognized as entitled to speak. \nSee FLOOR (1). \nclam (klam), adv. [Latin] Roman & civil law. Secretly; \ncovertly. _ Under Roman law, an act (such as occupying \nor altering the condition ofsomeone else's property) \nwas committed clam when it was done with the intent \nto conceal it in an effort to avoid liability. See INTER\nDICTUM QUOD VI AUT CLAM. \nclamea admittenda in itinere per attornatum (klay\nmee-<\"l ad-m<\"l-ten-d<\"l in I-tin-<\"l-ree p<\"lr <l-tor-nay-t<lm). \n[Latin \"claim to be admitted at the eyre by an attorney\"] \nRist. A writ from the king commanding the justices \nin eyre to permit by attorney the claim of a person \nemployed in the king's service who cannot attend court \nin person. \nclameur de haro (klah-m;}r dah-roh). [French] An \noutcry recognized in the Channel Islands as a protest \nagainst trespass to land. -The clameur de haro is a \nlegal remnant ofwhen the Duchy ofNormandy held the \nislands before England took control in the 13th century. \nThe victim's cry ofharo (repeated 3 times) is popularly \n\nsupposed to be an abbreviation of Ha Rollo, the first \nDuke of Normandy. The full cry, Haro, Haro, Haro, a \nI'aide, man prince, on mefait tort, when registered at \nthe local records office, enjoins the offender from pos\nsessing the land. See HARROW; HUE AND CRY; GRAND \nCOUTUMIER DE PAYS ET DUCHE DE NORMANDIE. \nclamor. 1. Hist. A lawsuit; a claim. 2. HUE AND CRY (1). \n3. Civil law. A claimant. 4. Civil law. The thing claimed \nfrom another. \nclandestine (klan-des-tin), adj. (16c) Secret or concealed, \nesp. for illegal or unauthorized purposes. \nclandestine marriage. See MARRIAGE (1). \nclare constat (klair-ee kon-stat). [Law LatinJ Scots law. \nIt clearly appears . The phrase referred to a precept, \nlater a writ, for the grant of seisin to a vassal's heir, \nso called because the opening lines in the declaration \nstated that it clearly appeared that the grantee was the \nproper heir. \n\"A Precept of Clare Constat is a deed executed by a sub\nject-superior, for the purpose of completing the title of \nhis vassal's heir to the lands held by the deceased vassal, \nunder the g ranter of the precept .... The precept of clare \nconstat proceeded on any evidence, whether judicial or not, \nwhich satisfies the superior that the person claiming the \nentry is heir of the last vassal.\" William Bell, Bell's Diction\nary and Digest of the Law ofScotland 185 (George Watson \ned., 7th ed. 1890). \nClarity. An international association of lawyers and \nother professionals who advocate plain language in \nlegal and official documents . Founded in 1983, it has \nmembers in more than 25 countries and a system of \ncountry representatives. It publishes a journal called \nClarity. \nclass, n. (17c) 1. A group of people, things, qualities, or \nactivities that have common characteristics or attri\nbutes <a class of common-stock shares> <the upper\nmiddle class>. \nprotected class. A class ofpeople who benefit from pro\ntection by statute, such as Title VII ofthe Civil Rights \nAct of1964, which prohibits discrimination based on \nrace, sex, national origin, or religion. [Cases: Civil \nRights <:-.~1007, 1107, 1152, 1165.] \n2. 'lbe order or rank in which people or things are \narranged <she flew first class to Chicago>. 3. A group \nof people, uncertain in number <a class of beneficia\nries>. \ntestamentary class (tes-ta-men-td-ree or -tree). (1865) \nA group ofbeneficiaries who are uncertain in number \nbut whose number will be ascertainable in the future, \nwhen each will take an equal or other proportionate \nshare of the gift. [Cases: Wills C=>521.] \n4. Civil procedure. A group of people who have a \ncommon legal position, so that all their claims can be \nefficiently adjudicated in a Single proceeding <a class \nofasbestos plaintiffs>. [Cases: Federal Civil Procedure \n161-189; Parties C::>35.1.] \nopt-out class. A plaintiff class, certified under Federal \nRule of Civil Procedure 23(b)(3), from which class \nmembers may choose to exclude themselves ifthey do not want to be bound by the decisions or settlements \nreached in the case . Rule 23(e) permits courts to \ndismiss class members who request exclusion. Class \nmembers mav wait until the settlement's terms are \nannounced before choosing to opt out. [Cases: Federal \nCivil Procedure C:~)180.] \nsettlement class. (1971) Numerous similarly situated \npeople for whom a claimant's representative and an \nadversary propose a contract specifying the payment \nterms for the class members' claims in exchange for \nthe release of all claims against the adversary . \nDuring the 1980$ and 1990s, mass-tort defendants \nbegan using settlement classes as a means of fore\nclosing claims by some unknown number ofexisting \nand future claimants. See, e.g., Amchem Prods. Inc. v. \nWindsor, 521 U.S. 591, 117 S.Ct. 2231 (1997)_ [Cases: \nCompromise and Settlement C=>67; Federal Civil \nProcedure C=> 161.1.J \nclass action. (1909) A lawsuit in which the court autho\nrizes a Single person or a small group of people to \nrepresent the interests of a larger group; specif., a \nlawsuit in which the convenience either of the public \nor of the interested parties requires that the case be \nsettled through litigation by or against only a part of \nthe group of similarly situated persons and in which a \nperson whose interests are or may be affected does not \nhave an opportunity to protect his or her interests by \nappearing personally or through a personally selected \nrepresentative, or through a person specially appointed \nto act as a trustee or guardian . Federal procedure has \nseveral prerequisites for maintaining a class action: (1) \nthe class must be so large that individual suits would be \nimpracticable, (2) there must be legal or factual ques\ntions common to the class, (3) the claims or defenses \nofthe representative parties must be typical ofthose of \nthe class, and (4) the representative parties must ade\nquately protect the interests of the class. Fed. R. Civ. \nP. 23. Also termed class suit; representative action. \n[Cases: Federal Civil Procedure (;:::> 161-189; Parties \nC=>35.1-35.89.] \n\"The class action was an invention of equity ... mothered \nby the practical necessity of providing a procedural device \nso that mere numbers would not disable large groups of \nindividuals, United in interest, from enforcing their equi\ntable rights nor grant them immunity from their equitable \nwrongs. .. By rule 23 the Supreme Court has extended \nthe use of the class action device to the entire field of \nfederal civil litigation by making it applicable to all civil \nactions.\" Montgomery Ward & Co. v. Langer; 168 F.2d 182, \n187 (8th Or. 1948). \nhybrid class action. (1937) Hist. A type of action in \nwhich the rights to be enforced were several and \nvaried, but the object was to adjudicate claims that \naffected or might have affected the specific property \nin the action. [Cases: Federal Civil Procedure <:-.~166; \nParties C=>35.19.] \nspurious class action. Hist. A former category ofclass \naction in which the interests of class members are \nseveral, not interdependent, and joinder is allowed to \navoid multiplicity ofsuits. [Cases: Federal Civil Pro\ncedure C=> 166; Parties <8=;>35.19.] \n\nclass-based animus. See ANIMUS (1). \nclass director. See DIRECTOR. \nclass gift. See GIFT. \nclassification. See CHARACTERIZATION (1). \nclassification ofpatents. Patents. 1. The sorting ofinven\ntions by type into broad classes and narrow subclasses, \nas an aid in patent searches. 2. Anyone of the several \nclasses into which the inventions are sorted. Also \ntermed (in both senses) office classification; (in sense \n2) field ofinvention; (in sense 2) field ofsearch. [Cases: \nPatents (::::>97.1 \nclassified board of directors. See staggered board of \ndirectors under BOARD OF DIRECTORS. \nclassified information. Data or material that, having \nbeen designated as secret or confidential, only a limited \nnumber ofauthorized persons may know about. \nclassified risk. See RISK. \nclassified tax. See TAX. \nclass legislation. See local and speciallegislatiorl under \nLEGISLATION. \nclass lottery. See Dutch lottery under LOTTERY. \nclass ofstock. A category ofcorporate shares used when \nmore than one type of stock is issued. See preferred \nstock and common stock under STOCK. [Cases: Corpo\nrations (;:::062.] \nclass-one insured. See INSURED. \nclass rate. See RATE. \nclass representative. See REPRESENTATIVE. \nclass suit. See CLASS ACTION. \nclass-two insured. See INSURED. \nclass voting. See VOTING. \nclausa rebus sic stantibus (klawz-,) ree-b<ls sik stan\nt,)-b,)s). [Law Latin] Int'llaw. 1. A treaty provision \nstating that the treaty is binding only as long as the \ncircumstances in existence when the treaty was signed \nremain substantially the same. 2. A doctrine by which \nthe law supplies such a provision to a treaty that does \nnot expressly contain one; REBUS SIC STANTIBUS . \nThe doctrine may be invoked when a fundamental \nchange in circumstances (1) alters the essential basis \nfor the parties' consent to be bound by the treaty, and \n(2) radically transforms the extent of the parties' per\nformances under the treaty. But the doctrine does not \napply to treaties establishing geographic boundaries. \nVienna Convention on the Law ofTreaties art. 62 (1155 \nU.N.T.S. 331,8 I.L.M. 679 (1969)). Often shortened \nto clausa. Also termed clausula rebus sic stantibus; \nclausula. \nclause, n. (13c) 1. A distinct section or provision of a legal \ndocument or instrument. 2. ITEM (3). -clausal, adj. \nconfidentiality clause. A clause prohibiting the parties \nto an agreement from discloSing to nonparties the \nterms of the agreement and, often, anything related to the formation of the agreement. -Also termed \nnondisclosure clause; no-talk provision. \nenabling clause. The part of a statute or constitu\ntion that gives governmental officials the power and \nauthority to put the law into effect and to enforce it. \nCf. enacting clause. \nenacting clause. (17c) The part of a statute stating the \nlegislative authority by which it is made and often \nthe date when it will take effect.  A typical enacting \nclause begins with the words \"Be it enacted that ....\" \nThe enacting clause of a federal statute is, \"Be it "}
{"text": "use begins with the words \"Be it enacted that ....\" \nThe enacting clause of a federal statute is, \"Be it \nenacted by the Senate and House of Representatives \nof the United States of America in Congress assem\nbled.\" Some state constitutions specify the enacting \nclause for legislation, without which the legislation \nis void. In codifications of statutes, enacting clauses \ngenerally appear not in the text of the statutes but \nin historical or legislative notes. Cf. enabling clause. \n[Cases: Statutes (::::>210.) \nintroductory clause. See EXORDIUM. \nnondisclosure clause. See confidentiality clause. \nnondisparagement clause. 1. A contractual provision \nprohibiting the parties from publicly communicating \nanything negative about each other. 2. Family law. \nA provision in a divorce decree, marital settlement \nagreement, parenting agreement, or similar document \nprohibiting either parent from criticizing the other \nparent in the presence oftheir child or children. \noperative clause. A provision under an enacting or \nresolving clause; a provision that is not a mere recital \nor preamble. See resolving clause. \npartial-release clause. A provision in a mortgage or \ntrust deed allowing a certain property or portions \nof a property to be removed from the effect of a lien \nin exchange for an agreed payment.  This clause is \noften found in mortgages or trust deeds for proper\nties covered by blanket liens, such as subdivisions or \ncondominiums. [Cases: Mortgages (::::>310.] \npay-if-paid clause. In a construction contract, a provi\nsion that makes the general contractor's payment to \nthe subcontractor for work performed contingent on \nwhether the property owner pays the general contrac\ntor for the work.  The subcontractor must assume \nthe risk of nonpayment if the owner fails to pay the \ngeneral contractor. Courts in some states have held \nthat this risk-shifting violates public policy. Cf. pay\nwhen-paid clause. [Cases: Contracts (::::>221(3).] \npay-when-paid clause. In a construction contract, \na provision requiring a general contractor to pay \na subcontractor within a specified period of time \nafter the property owner pays the general contrac\ntor. A minority of courts have held that the sub\ncontractor bears the risk ofnonpayment ifthe owner \nbecomes insolvent. But because the general contractor \nnormally bears the risk of nonpayment, most courts \nhold that a subcontractor is entitled to payment for \nwork done despite the owner's insolvency. Cf. pay-if\npaid clause. [Cases: Contracts (::::>221(3).] \n\nresolving clause. The clause that introduces a resolu\ntion's operative text, usu. beginning with \"Resolved, \nThat ....\"  A resolving clause is comparable to a stat\nute's enacting clause.- Also termed operative clause. \nSee enacting clause; RESOLUTION (1). Cf. PREAMBLE \n(1). \nstrong-arm clause. A provision of the Bankruptcy Code \nallowing a bankruptcy trustee to avoid a security \ninterest that is not perfected when the bankruptcy \ncase is filed. 11 USCA  544(a)(1). [Cases: Bankruptcy \n(;:::::>2571-2588,2704,2705.) \ntitle-object clause. A provision in a state constitution \nrendering a statute unconstitutional ifthe contents of \nthe statute are not reasonably reflected in the title or \nthe statute has more than one object.  The purpose \nof the clause is to ensure that the public and legisla\nture have notice of the content oflegislation. [Cases: \nStatutes 105, 107.) \nwhereas clause. 1. See RECITAL (2). 2. See PREAMBLE \n(1). \nclaused bill oflading. See BILL OF LADING. \nclause ofaccrual. A provision, usu. found in a gift by will \nor in a deed between tenants in common, that grants a \npredeceasing beneficiary's shares to the surviving ben\neficiary. Also termed clause ofaccruer. \nclause paramount. Maritime law. A provision in a \ncharterparty that specifies what jurisdiction's law \nwill govern the agreement, typically incorporating \nthe Carriage of Goods by Sea Act into the charter. \nSee CHARTERPARTY; CARRIAGE OF GOODS BY SF.A ACT. \n[Cases: Shipping C=)39(1).] \nclause potestative (poh-tes-tay-tiv). French law. A con\ntractual provision in which one party reserves the right \nto annul the contract. \nclause rolls. Hist. Sealed rolls containing royal writs \n(close writs) and other documents that the sovereign \ndeemed inappropriate for the public record. -Also \ntermed close rolls. See close writ under WRIT. \nclausula (klawz-YJ-b), n. [Latin) A clause; a sentence or \npart ofa sentence in a written instrument or statute. \nclausula codicillaris (klawz-YJ-b kod-J-si-Iair-is). \n[Latin] Roman law. A codicillary clause; a codicil that, \nhaving been confirmed by a will (even in advance), \noperated as part ofthe wilL. An unconfirmed codicil \ncreated directives that could be effective even in the \nabsence or failure of a will. See FIDEICOMMISSUM. \nclausula derogativa (klawz-YJ-IJ dJ-rog-J-tI-VJ). \n[Latin] See DEROGATORY CLAUSE. \nclausula derogatoria (klawz-YJ-IJ dJ-rog-J-tor-ee-J). \nSee DEROGATORY CLAUSE. \nclausula rebus sic stantibus (klawz-YJ-IJ ree-bJs sik \nstan-tJ-bJs). See CLAUSA REBUS SIC STANTIBUS. \nclausula tenoris (klawz-YJ-b te-nor-is). [Law Latin) \nHist. The clause of tenure -that is, the clause in a \ncharter describing the nature of a tenure. clausum (klawz-Jm). [Latin \"close; closed\") Hist. 1. \nCLOSE (1). -Also termed clausum. 2. See close writ \nunder WRIT. \nclausum fregit (klawz-Jm free-jit). [Latin \"he broke \nthe close\"] See trespass quare clausum fregit under \nTRESPASS. \nclausura (klaw-zhuur-a). See CLAUSUM (1). \nclawback, n. (1953) 1. Money taken back. 2. The retrieval \nor recovery oftax allowailces by additional forms of \ntaxation. -claw back, vb. \nclaw-back option. The right to require repayment of \nfunds earmarked for a specific purpose if the funds \nare disbursed for another purpose or in a manner \ninconsistent with the document governing the speci\nfied purpose. \nClayton Act. A federal statute enacted in 1914 to \namend the Sherman Act -that prohibits price dis\ncrimination, tying arrangements, and exclUSive-dealing \ncontracts, as well as mergers and interlocking director\nates, if their effect might substantially lessen competi\ntion or create a monopoly in any line ofcommerce. IS \nUSCA  12-27. [Cases: Antitrust and Trade Regula\ntion (;:::::>524, 614.) \nCl. Ct. abbr. Court of Claims. See UNITED STATES COURT \nOF FEDERAL CLAIMS. \nCLE. abbr. CONTINUING LEGAL EDUCATION. \nclean hill. See BILL (3). \nclean bill oflading. See BILL OF LADING. \nclean draft. See DRAFT. \nclean-hands doctrine. (1914) The principle that a party \ncannot seek equitable relief or assert an equitable \ndefense if that party has violated an equitable prin\nciple, such as good faith . Such a party is described \nas having \"unclean hands.\" For example, section 8 of \nthe Uniform Child Custody Jurisdiction Act contains \nan unclean-hands provision that forbids a court from \nexercisingjurisdktion in a child-custody suit in certain \nsituations, as when one party has wrongfully removed \na child from another state, has improperly retained \ncustody of a child after visitation, or has wrongfully \nremoved a child from the person with custody. The \nclean-hands doctrine evolved from the discretionary \nnature of eqUitable relief in English courts of equity, \nsuch as Chancery. -Also termed unclean-hands \ndoctrine. [Cases: Equity (;:::::>65.] \ndean house, vb. Slang. 1. To discharge a considerable \nnumber ofemployees, usu. in management, so that new \nemployees may be brought in. 2. To sell securities not \nmeeting an investor's requirements. \nclean letter ofcredit. See LETTER OF CREDIT. \nclean-slate rule. Criminal procedure. The doctrine that \nthe double-jeopardy prohibition does not apply to \nthe retrial of a defendant who appealed and obtained \na reversal of an earlier conviction. [Cases: Double \nJeopardy (;:::::> 107.1.] \n\n287 \ncleanup clause. In a loan agreement, a clause that calls \nfor the loan to be repaid in full within a given period, \nafter which no further loans will be afforded to the \ndebtor for a specified \"cleanup\" period. \ncleanup doctrine. The jurisdictional principle that once \nan equity court has acquired jurisdiction over a case, \nit may decide both equitable and legal issues as long \nas the legal issues are ancillary to the equitable ones. \n[Cases: EquityC'J39.j \nclear, adj. 1. Free from encumbrances or claims. 2. Free \nfrom doubt; sure. 3. Unambiguous. \nclear, vb. (IS.c) 1. To acquit or exonerate <she was cleared \nof all wrongdoing>. 2. (Of a drawee bank) to pay (a \ncheck or draft) out offunds held on behalf of the maker \n<the bank cleared the employee's check>. 3. (Of a check \nor draft) to be paid by the drawee bank out of funds \nheld on behalf of the maker <the check cleared yester\nday>. 4. Maritime law. To settle (customs, harbor dues, \netc.) and obtain official permission to leave the port. \nclearance. 1. Maritime law. The right of a ship to leave \nport, or the certificate issued by the port collector evi\ndencing the ship's right to leave port. [Cases: Shipping \n15.] 2. The time that must elapse between runs \nof the same movie within a particular area; a theater's \nexclusive right ofexhibition over competing theaters. \nclearance card. A letter given by an employer to a depart\ning employee, stating the duration and nature of the \nemployment and the reasons for leaving. The clear\nance card is not necessarily a recommendation. \nclear and convincing evidence. See EVIDENCE. \nclear and convincing proof. See clear and convincing \nevidence under EVIDENCE. \nclear-and-present-danger test. (1939) Constitutional \nlaw. 'The doctrine allowing the government to restrict \nthe First Amendment freedoms of speech and press \nif necessary to prevent immediate and severe danger \nto interests that the government may lawfully protect. \n This test was formulated by Justice Oliver Wendell \nHolmes in Schenck v. United States, 249 U.S. 47, 39 S.Ct. \n247 (1919). -Also termed clear-and-present-danger \ndoctrine. [Cases: Constitutional Law (;:::'; 1529.) \n\"The 'clear and present danger' doctrine is concerned \nwith distinguishing protected advocacy from unprotected \nincitement of Violent or illegal conduct .... The conven \ntional wisdom of the day was that speech was punishable \nas an attempt if the natural and reasonable tendency of \nwhat was said would be to bring about a forbidden effect. \nIn addition, the criminal defendant must have used the \nwords with an intent to bring about that effect, although \nsuch specific intent could be inferred from the tendency \nof the words on the presumption that one intends the \nconsequences of one's speech. The formula announced \nby Justice Holmes easily fits within this framework. The \nquestion in every case is whether the words used are used \nin circumstances and are of such a nature as to create a \nclear and present danger that they will bring about the \nsubstantive evils that Congress has a right to prevent,''' \nlaurence H. Tribe, American Constitutional Law 608 (1978) \n(quoting Schenck v. United States, 249 U.S. 47, 52. 39 S.Ct. \n247,249 (1919). clear-reflection-of-income standard \ndear and unmistakable error. See clear error under \nERROR (2). \nclear annual value. See VALUE (2). \ndear chance. See LAST-CLEAR-CHANCE DOCTRINE. \nclear day. See DAY. \nclear error. See ERROR (2). \nClearfield Trust doctrine. (1957) The doctrine describ\ning the federal courts' power to make federal common \nlaw when there is both federal lawmaking power to do \nso and a strong federal interest in a nationally uniform \nrule. Clearfield Trust Co. v. United States, 318 U.S. 363, \n63 S.Ct. 573 (1943). Cf. ERIE DOCTRINE. [Cases: Federal \nCourts (;:::,;374.] \nclearing. 1. Banking. The exchanging ofchecks and bal\nancing ofaccounts. 2. Maritime law. The departure of \na ship from port, after complying with customs, health \nlaws, and other local regulations. See CLEARANCE (1). \n[Cases: Shipping C~J7, 15.) \nclearing account. Banking. An account (usu. a temporary \none) containing amounts to be transferred to another \naccount before the end ofan accounting period. \nclearing agency. See clearing agent under AGENT (2). \nclearing agent. See AGENT (2). \nclearing agreement. A contract designed to facilitate the \ncollective settlement of monetary claims between cred\nitors and debtors in different currency areas, without \nresort to foreign-exchange reserves. \nclearing corporation. See CORPORATION. \nclearinghouse. (ISc) 1. A place where banks exchange \nchecks and drafts and settle their daily balances; \nan"}
{"text": "house. (ISc) 1. A place where banks exchange \nchecks and drafts and settle their daily balances; \nan association of banks or other payors regularly \nclearing items. See UCC  4-104(a)(4). [Cases: Banks \nand Banking(::=3IS-323.]2. A stock-and-commodity \nexchange where the daily transactions of the brokers \nare cleared. 3. Any place for the exchange ofspecialized \ninformation. -Also written clearing house . \nclearing loan. See LOAN. \nclearings. Banking. Checks or other items drawn on a \nlocal bank and presented for payment through a clear\ninghouse or directly to the drawee bank. See CLEAR\nINGHOUSE (1). [Cases: Banks and Banking 137,168, \n320.] \nclearly-erroneous standard. (1950) The standard of \nreview that an appellate court usu. applies in judging \na trial court's treatment offactual issues . Under this \nstandard, a judgment will be upheld unless the appel\nlate court is left with the firm conviction that an error \nhas been committed. [Cases: Appeal and Error \n1008.1(5), 1009(1); Criminal Law (;::::> 1158.1.) \nclear market value. See fair market value under VALUE \n(2). \nclear-reflection-of-income standard. (1972) Tax. An \nincome-accounting method that the IRS can force on \na taxpayer if the method used does not clearly reflect \n\nincome. IRC (26 USC A)  446(b). [Cases: Internal \nRevenue e:-~3095, 3103.J \nclear residue. The income deriving from funds used to \npay a decedent's debts, administration expenses, and \ngeneral legacies. Also termed true residue. \nclear title. See TITLE (2). \nclear-to-use search. See INFRINGEMENT SEARCH. \nclear value. See VALUE (2). \nclear-view doctrine. See PLAIN-VIEW DOCTRINE. \nclemency (klem-an-see), n. (15c) Mercy or leniency; esp., \nthe power of the President or a governor to pardon a \ncriminal or commute a criminal sentence. -Also \ntermed executive clemency. See PARDON; COMMUTA\nTION. [Cases: Pardon and Parole (;::::>21.J -clement \n(klem-cmt), adj. \nClementines (klem-an-tinz or -trnz or -teenz). Eccles. \nlaw. A collection of decretals of Pope Clement V, pub\nlished in 1317 by his successor, Pope John XXII, and \nforming the fourth ofthe six parts of the Corpus Juris \nCanonici, completed in 1502. Also termed Clemen\ntine Constitutions. \nclergy, benefit of. See BENEFIT OF CLERGY. \nclergyable, adj. Archaic. 1. (Ofan offense) not triable if \nbenefit ofclergy is claimed. 2. (Ofa person) eligible to \nclaim benefit ofclergy. \nclergyman-penitent privilege. See priest-penitent privi\nlege under PRIVILEGE (3). \nclergy privilege. See BENEFIT OF CLERGY (1). \nclericale privilegium (kler-3-kay-Iee priv-3-1ee\njee-am). [Law Latin \"clerical privilege\"J See BENEFIT \nOF CLERGY. \nclerical error. See ERROR (2). \nclerical misprision. See MISPRISION. \nclerid de cancellaria (kler-3-s1 dee kan-sa-Iair-ee-a). \n[Law Latin \"clerks ofthe chancery\"] Cursitors. Also \ntermed clerici de cursu. See CURSITOR. \nclerici praenotarii (kler-d-sI pree-nd-tair-ee-I). [Law \nLatin \"prenotary clerks\"] See SIX CLERKS. \nderico capto per statu tum mercatorium. See DE CLERICO \nCAPTO PER STATUTUM MERCATORIUM DELIBERANDO. \nclerico convicto commisso gaolae in defectu ordinarii \ndeliberando (kler-3-koh kan-vik-toh kd-mis-oh jay\n[d]-lee in di-fek-t[y]oo di-lib-d-ran-doh). [Law Latin \n\"for delivering a cleric convicted and committed to gaol \nin defect of his ordinary\"] Hist. A writ ordering the \ndelivery ofa clerk to the ordinary (Le., a superior) after \nthe clerk was convicted ofa felonv, and without the \nordinary's questioning the clerk's right to claim benefit \nof clergy. -Also termed de clerico convicto commisso \ngaolae in defectu ordinarii deliberando. See ORDINARY \n(1); BENEFIT OF CLERGY (1). \nderico infra sacros ordines constituto, non eligendo in \nofficium. See DE CLERICO INFRA SACROS ORDINES CON\nSTITUTO, NON ELIGENDO IN OFFICIUM. dericus (kler-d-kds). [Law Latin \"clergyman\"] Hist. 1. \nEccles. law. A person in holy orders; a priest or deacon. \n2. A court clerk or officer of the royal household. 3. \nAMANUENSIS. \nclericus mercati (kler-3-kas mdr-kay-tI). [Law LatinJ See \nCLERK OF THE MARKET. \nclerk, n. (bef. 12c) 1. A public official whose duties \ninclude keeping records or accounts. \ndty clerk. A public official who records a city's official \nproceedings and vital statistics. [Cases: Municipal \nCorporations (;::::> 170.] \ntown clerk. An officer who keeps the records, issues \ncalls for town meetings, and performs the duties ofa \nsecretary to the town's political organization. [Cases: \nTowns C.::~'30.1 \n2. A court officer responsible for filing papers, issuing \nprocess, and keeping records of court proceedings as \ngenerally specified by rule or statute. -Also termed \nclerk ofcourt. [Cases: Clerks ofCourts \ndistrict derk. The clerk ofa district court within a state \nor federal system. See district court under COURT. \n[Cases: Clerks ofCourts (;::::> 1.] \n3. An employee who performs general office work. 4. A \nlaw student or recent law-school graduate who helps a \nlawyer or judge with legal research, writing, and other \ntasks. -Also termed law clerk; extern; or (depending \non the time ofyear) summer clerk; summer associate. \nSee INTERN. [Cases: Courts (>55.] 5. A lawyer who \nassists a judge with research, writing, and case man\nagement. -Also termed briefing attorney; research \nattorney; staffattorney. [Cases: Courts (;::::>55.] \n\"[Mlodern American judging in all courts of national sig \nnificance -the federal courts and the more prominent \nstate appellate courts -staggers along despite the burden \nof bloated caseloads and the shortcomings of distinctly \nhuman judges only by the delegation of a great deal of the \nlabor ofjudging to law clerks: subordinate, anonymous, \nbut often quite powerful lawyers who function as the non \ncommissioned officers in the army of the jUdiciary.\" John \nBilyeu Oakley & Robert S. Thompson, Law Clerks Clnd the \nJudicial Process 2 (l980). \nelbow clerk. An individual judge's personal clerk; esp., \none who works closely with the judge. The name \nderives from the metaphoric expectation that the \nclerk is always at the judge's elbow. \npool clerk. A clerk who does not work for only one \njudge but performs a range ofduties for several judges \nor for the entire court. \n6. Hist. A cleric. \n\"Eventually the rule was established that 'clerks' of all \nkinds, who committed any of the serious crimes termed \nfelonies, could be tried only in an ecclesiastical court, and \ntherefore were only amenable to such punishments as \nthat court could inflict. Any clerk accused of such crime \nwas accordingly passed over to the bishop's court. He was \nthere tried before ajury of clerks by the oaths of twelve \ncompurgators; a mode of trial which usually ensured him \nan acquittal.\" J,W. Cecil Turner. Kenny's Outlines ofCriminal \nLaw 75 (16th ed. 1952). \n7. SECRETARY (3). \n\nreading clerk. A legislative officer charged with reading \nbills to the body. \nderk, vb. To work as a clerk <she clerked for a Chicago \nlaw firm last summer>. \nderk of arraigns (J-raynz). Hist. A deputy of the clerk \nof assize responsible for arraigning defendants and \nputting the formal questions to the jurors as they \ndeliver their verdict.  The office was abolished in \nEngland in 1946. \nderk of assize (J-SIZ). Hist. An assize associate respon\nsible for record-keeping and other clerical and admin\nistrative fllnctions. See ASSOCIATE (3). \nderk of court. See CLERK (2). \nderk ofenrollments. Hist. The former chief of the Enroll\nment Office, which the British Parliament abolished in \n1879, reassigning its duties to the Central Office. See \nENROLLMENT OFFICE; CENTRAL OFFICE. \nclerk ofindictment. Hist. An officer of England's Central \nCriminal Court, responsible for preparing indictments \nand assisting the Clerk of Arraigns. The office was \nabolished in 1946, when its duties were moved to the \nCentral Office. See CENTRAL OFFICE. \nClerk of Nichils. See NICHIL. \nclerk ofrecords and writs. Hist. An officer ofthe English \nCourt of Chancery responsible for filing documents \nand sealing bills of complaint and writs of execution. \n The office was abolished in 1879, when its duties were \nmoved to the Central Office. See CENTRAL OFFICE. \nderk of the corporation. See SECRETARY (2). \nClerk of the Crown in Chancery. The head of the per\nmanent staff of the Crown Office in Chancery (of the \nCentral Office), responsible for reading the title ofBills \nin the House of Lords, sending out writs of summons \nto peers, and issuing election writs. \n. Clerk of the House of Commons. An officer of the \nHouse ofCommons who keeps the House journal, signs \norders, indorses bills sent to the House of Lords, and \nhas custody ofall records . The Clerk is appointed for \nlife by the Crown. \nderk ofthe market. Hist. 'The overseer of a public market, \nresponsible for witnessing oral contracts, inquiring into \nweights and measures, measuring land, and settling \ndisputes between people dealing there . The office has \nbecome obsolete as a result ofvarious statutes regulat\ning weights and measures. \nClerk of the Parliaments. The principal permanent \nofficial of the House of Lords, responsible for the \nHouse's minutes and documents, and for advising the \nmembers on procedure. \nClerk of the Peace. Hist. An officer of the Quarter \nSessions responsible for maintaining the courts' \nrecords, preparing indictments, entering judgments, \nissuing process, and other clerical and administra\ntive functions . The office was abolished in England \nin 1971, when the Quarter Sessions' jurisdiction was transferred to the Crown Courts. See quarter session \nunder SESSION (1). \nClerk of the Pells. Hist. An Exchequer officer who \nentered tellers' bills on the parchment rolls (pells), one \nfor receipts and the other for disbursements. -Also \ntermed Master of the Pells. \nClerk of the Pipe. Hist. An Exchequer officer respon\nsible for the Pipe Rolls . The office was abolished in \n1833. -Also termed Engrosser of the Great Roll. See \nPIPE ROLLS. \nClerk of the Privy Seal (priv-ee sed). Hist. An officer \nresponsible for preparing documents for the Lord Privy \nSeaL _ The use of the Privy Seal was abolished in 1884. \nSee PRIVY SEAL. \nClerk of the Signet (sig-nit). Hist. An officer who kept \nthe privy signet and attended the sovereign's principal \nsecretary. The signet was used to seal royal letters \nand other documents not requiring the Great Seal of \nthe Realm. The office was abolished in England in 1851. \nSee great seal (3) under SEAL; PRIVY SIGNET. \nclerkship. (1836) 1. An internship in which a law student \nor recent law-school graduate assists a lawyer or judge \nwith legal writing, research, and other tasks . In many \ncommon-law jurisdictions, recent law-school graduates \nare required to complete clerkships as a condition of \nadmission to the bar. [Cases: Courts 2. Hist. A \nlaw student's employment as an attorney's apprentice \nbefore gaining admission to the bar. Until shortly \nbefore World War II, a person could be admitted to the \nbar in many states without attending law school merely \nby passing the bar exam. \nderk's record. See RECORD (4). \ndick fraud. See FRAUD. \ndick-wrap agreement. See POINT-AND-CLICK AGREE\nMENT. \ndick-wrap license. See POINT-AND-CLICK AGREEMENT . \ncliens (kh-enz), n. [Latin \"client\") Roman law. A depen\ndent; a person who depended on another for defense in \nsuits at law and other difficulties . A c/iens was often a \nfreed slave or immigrant. PI. clientes (kh-en-teez). \ndient, n. (14c) A person or entity that employs a profes\nsional for advice or help in that professional's line of \nwork. cliental, adj. \nclient control. The influence that a lawyer has over his \nor her client, esp. in relation to positions taken, deci\nsions made, and general conduct with other parties \nand their attorneys . Lawyers whose clients behave \nirrationally, as by acting vindictively or refusing even \ngenerous settlement offers, are said to have little or no \nclient control. \nclientela (kh-,m-tee-lJ), n. [Latin] Roman law. 1. Client\nship; the"}
{"text": "\nclientela (kh-,m-tee-lJ), n. [Latin] Roman law. 1. Client\nship; the relationship between a cliens and a patron. 2. \nA person's dependents. \nclient-security fund. See FUND (1). \nclient's privilege. See attorney-client privilege under \nPRIVILEGE (3). \n\nclient state. See STATE. \nclient trust account. A bank account, usu. interest -bear\ning, in which a lawyer deposits money belonging to a \nclient (e.g., money received from a client's debtor, from \nthe settlement of a client's case, or from the client for \nlater use in a business transaction). -Also termed trust \naccount. [Cases: Attorney and Client 120.] \nClifford trust. See TRUST. \nclinch, vb. Parliamentary law. To preclude further \naction on (an adopted motion or series of motions) by \nmoving at once for reconsideration and then defeat\ning that motion . The clincher motion in a legislative \nbody usu. takes the form of a motion to \"reconsider \nand lay on the table [the motion to reconsider].\" Since \nthe motion has just been debated and passed, there \nare almost always enough votes to defeat a motion to \nreconsider. clincher, n. \nclinical diagnosis. See DIAGNOSIS. \nclinical legal studies. (1972) Law-school training in \nwhich students participate in actual cases under the \nsupervision of a practicing attorney or law professor. \n This training was first introduced in the late 19608 \nunder the leadership of Gary Bellow and others. It \nprovided law students with a substitute for traditional \napprenticeship programs. Often shortened to clinical \nstudies. Cf. CLERKSHIP (1). \nclinical pneumoconiosis. See PNEUMOCONIOSIS. \nclog on the equity of redemption. An agreement or \ncondition that prevents a defaulting mortgagor from \ngetting back the property free from encumbrance upon \npaying the debt or performing the obligation for which \nthe security was given. See EQUITY OF REDEMPTION. \n[Cases: Mortgages (;::>591(3).J \nclose, n. (14c) 1. An enclosed portion of land. 2. The \ninterest of a person in a particular piece of land, \nenclosed or not. 3. The final price of a stock at the end \nof the exchange's trading day. \ndose, vb. (13c) 1. To conclude; to bring to an end <the \ncase was closed>. 2. To conclude discussion or negotia\ntion about <close on a house>. See CLOSING. \nclose-connectedness doctrine. A doctrine used by \nsome courts to deny an assignee of a negotiable note \nholder-in-due-course status if the assignee is too closely \nconnected to the original holder-mortgagee. Also \ntermed close-connection doctrine. [Cases: Bills and \nNotes \nclose corporation. See CORPORATION. \ndosed, adj. (Be) L (Of a class or organization) confined \nto a limited number <a closed mass-tort class> \n<nonunion workers were excluded from the closed \nshop>. 2. (Of a proceeding or gathering) conducted \nin secrecy <a closed hearing> <a closed shareholders' \nmeeting>. \ndosed account. See ACCOUNT. \ndosed adoption. See ADOPTIO!'<. \nclosed brief. See BRIEF. closed corporation. See close corporation under COR\nPORATION. \nclosed court. 1. Hist. The English Court of Common \nPleas, open only to serjeants-at-law . The monopoly \nof the serjeants-at-law was abolished in 1845. 2. See \nclosed session (2) under SESSION (1). 3. See closed session \n(3) under SESSION (1). \nclose debate. Parliamentary law. To pass a motion that \nends debate and amendment of a pending question \nor series of questions . The synonymous shorthand \n\"previous question,\" a somewhat archaic and mislead\ning term that several parliamentary manuals still use \nfor this motion, has evolved over time. Two centuries \nago, the motion was invented for suppressing an unde\nsirable debate: if the original form \"Shall the main \nquestion be put?\" passed in the negative, then the \nbody immediately stopped considering the pending \nquestion. The motion's form later became \"that the \nmain question shall now be put,\" which if passed in \nthe affirmative brought the pending question to an \nimmediate vote, and if passed in the negative had no \neffect. -Also termed vote immediately. See CLOTURE. \nCf. EXTEND DEBATE; LIMIT DEBATE . \ndosed-ended claim. See PATENT CLAIM. \nclosed-end fund. See MUTUAL FUND. \nclosed-end mortgage. See MORTGAGE. \ndosed-end mortgage bond. See BOND (3). \ndosed insurance contract. See closed policy under \nINSURANCE POLlCY. \nclosed memorandum. See MEMORANDUM. \ndosed mortgage. See closed-end mortgage under \nMORTGAGE. \nclosed nonunion shop. See SHOP. \nclosed policy. See INSURANCE POLICY. \nclosed session. See SESSION (1). \nclosed shop. See SHOP. \ndosed-shop contract. A labor agreement requiring an \nemployer to hire and retain only union members and \nto discharge nonunion members. See closed shop under \nSHOP. [Cases: Labor and Employment ~--::> 1264.J \ndosed source, adj. Of or related to software that does \nnot include the source code and cannot be modified \nwithout either damaging the program or violating the \nsoftware developer's ownership rights . Proprietary \nsoftware is usu. dosed source. \ndosed testament. See mystic will under WILL. \nclosed transaction. See TRANSACTION. \nclosed trial. See TRIAL. \nclosed union. See UNION. \n, dosed union shop. See closed shop under SHOP. \ndosed-universe memo. See closed memorandum under \nME.\\lORANDUM. \ndosed will. See mystic will under WILL. \nclose-jail execution. See EXECUTION. \n\n291 \nclosely held corporation. See close corporation under \nCORPORATION. \nclose-nexus test. See NEXUS TEST. \nclose nominations. Parliamentary law. To end nomina\ntions from the floor by passage of a motion. \nclose rolls. See CLAUSE ROLLS. \nclose writ. See WRIT. \nclosing. The final meeting between the parties to a trans\naction, at which the transaction is consummated; esp., \nin real estate, the final transaction between the buyer \nand seller, whereby the conveyancing documents are \nconcluded and the money and property transferred. \nAlso termed settlement. Cf. settlement date (3) under \nDATE. \nclosing agent. See settlement agent under AGENT (2). \ndosing agreement. See AGREEMENT. \nclosing argument. (1828) In a trial, a lawyer's final state\nment to the judge or jury before deliberation begins, in \nwhich the lawyer requests the judge or jury to consider \nthe evidence and to apply the law in his or her client's \nfavor. _ After the closing arguments in a jury trial, \nthe judge ordinarily instructs the jury on the law that \ngoverns the case. -Also termed closing statement;final \nargument; jury summation; summing up; summation; \nclosing argument; (in English law) final submission; (in \nEnglish law) final speech. [Cases: Criminal Law \n2068; Federal Civil Procedure 1973; Trial \nlll.] \nclosing costs. Real estate. The expenses that must be \npaid, usu. in a lump sum at closing, apart from the \npurchase price and interest. -These may include taxes, \ntitle insurance, and attorney's fees. \nclosing ofestate. (1843) Wills & estates. The comple\ntion of the administration of a decedent's estate, \nbrought about by the administrator's distribution of \nestate assets, payment oftaxes, and filing of necessary \naccounts with the probate court. \nclosing price. See PRICE. \nclosing statement. (1875) 1. CLOSING ARGUMENT. 2. A \nwritten breakdown ofthe costs involved in a particular \nreal-estate transaction, usu. prepared by a lender or an \nescrow agent. Also termed settlement sheet; settle\nment statement. Cf. BROKER'S LOAN STATEMENT. \nclosure. See CLOTURE. \ncloture (kloh-char), n. (1871) The procedure of ending \ndebate in a legislative body and calling for an immedi\nate vote. Also spelled closure. [Cases: United States \n(;=\\18.] -cloture, vb. \ncloud on title. A defect or potential defect in the owner's \ntitle to a piece of land arising from some claim or \nencumbrance, such as a lien, an easement, or a court \norder. See action to quiet title under ACTIO::>! (4). [Cases: \nQuieting Title (;='7.] \nCLS. abbr. CRITICAL LEGAL STlJDIES. \nCLSer. See CRIT. Coase Theorem \nCLU. See chartered life underwriter under UNDER\nWRITER. \nClub Fed. Slang. A low-security federal prison, usu. \nfor white-collar criminals, that has a comparatively \ninformal, relaxed atmosphere and, reputedly, luxury \nfacilities. -Some sources claim that \"Club Fed\" prisons \noffer weight-lifting equipment, tennis courts, cable tele\nvision, computers, musical instruments, and even min\niature golf. \ndub-law. Government by dubs (big sticks) or violence; \nthe use of illegal force in place oflaw. \nduster zoning. See ZONING. \nCMO. abbr. 1. CASE-MANAGEMENT ORDER. 2. COLLAT\nERALIZED MORTGAGE OBLIGATION. \nCMR. abbr. 1. Court of Military Review. See COlJRT OF \nCRIMINAL APPEALS (1). 2. COURT-MARTIAL REPORTS. \nCN. abbr. Code Napoleon. See NAPOLEONIC CODE (1). \nco-. prefix. Jointly or together with <coowner> <code\nfendant>. \nco. abbr. (usu. cap.) 1. COMPANY. 2. COUNTY. \nc/o. abbr. Care of. \nCOA. abbr. 1. CONTRACT OF AFFREIGHTMENT. 2. CER\nTIFICATE OF APPEALABILITY. 3. CAUSE OF ACTION. \ncoadjutor (koh-d-joo-tar or koh-aj-a-tdr), n. (15c) A \ncoworker or assistant, esp. one appointed to assist a \nbishop who, because of age or infirmity. is unable to \nperform all duties of the office. -coadjutor, adj. \nco-administrator. Wills & estates. A person appointed \nto jointly administer an estate with one or more other \nadministrators. \nco-adventurer. See COVENTURER. \nco-agent. See AGENT (2). \ncoal note. See NOTE (1). \ncoal notice. In Pennsylvania, a notice that must be \nincluded in deeds and other instruments relating to \nthe sale of surface property (excepting mortgages or \nquitclaim deeds) detailing any severance ofthe owner\nship of coal under the land. \nCoase Theorem (kohs). (1968) A proposition in econom\nics describing the relationship between legal rules and \neconomic efficiency. -The theorem, innovated by \nRonald Coase, holds that if there are no transaction \ncosts -such as the costs of bargaining or acquiring \ninformation then any legal rule will produce an effi\ncient result. Coase's seminal article was The Problem of \nSocial Cost, 3 J. Law & Econ. 1 (1960). \n\"Nothing is more central to the study of law and econom \nics nor more responsible for its growth than the Coase \nTheorem. What the Coase Theorem says, in effect, is that \nin many instances, the assignment of rights by courts or \nlegal authorities may have little to do with who eventually \npossesses those rights. In the words of Mark Kelman, 'the \nmarket, like an untameable river, will knock out attempts \nto alter its mighty course.'\" Jeffrey L. Harrison, Law and \nEconomies in a Nutshell 56 (1995). \n\nco-assignee. A person who, along with one or more \nothers, is an assignee ofthe same subject matter. [Cases: \nAssignments (;:::;0 32.] \ncoastal-state control. Maritime law. The exercise of \nauthority under international conventions for a state to \nstop, board, inspect, and when necessary detain vessels \nthat are under foreign flags while they are navigating in \nthe coastal state's territorial waters . The purpose is to \nensure the safety ofthe vessels and to enforce environ\nmental regulations. Cf. FLAG STATE-CONTROL; PORT\nSTATE CONTROL. [Cases: Shipping Cr~8.1 \nCoast Guard jurisdiction. The law-enforcement author\nity ofthe United States Coast Guard over the high seas \nand navigable waters over which the United States has \njurisdiction, including the powers of stopping, search\ning, and seizing property, and arresting persons. See \nUNITED STATES COAST GUARD. [Cases: Shipping \n8.] \ncoasting license. Maritime law. A federal permit to \noperate a commercial vessel in coastal waters . The \nCoasting Act of 1793, which originally created the \nlicensing requirement, was intended to exclude foreign \nvessels from interstate trade and encourage the growth \nof American shipping. [Cases: Shipping (~6.1 \ncoasting trade. Maritime law. Commerce among dif\nferent coastal ports or navigable rivers of the United \nStates, in contrast to commerce carried on between \nnations. Also termed coastwise trade. [Cases: \nShipping \ncoast water. See WATER. \ncoastwise trade. See COASTING TRADE. \nCOB clause. Insurance. A coordination-of-benefits \nclause, which provides that the total sums paid for \nmedical and hospital care will not exceed the benefits \nreceivable from all combined sources of insurance. \n[Cases: Insurance (:::::'2525(1).] \nCOBRA (koh-br;:. abbr. CONSOLIDATED OMNIBUS \nBUDGET RECONCILIATION ACT OF 1985. \ncockfighting. A traditional bloodsport in which specially \nbred and trained gamecocks are equipped with metal \nspurs and made to fight in a pen until at least one bird \nis killed or injured too seriously to continue fighting . \nIn the United States, cockfighting was once common in \nrural areas. Now considered a form of animal crueltv, \nit has been outlawed in every state"}
{"text": "ing was once common in \nrural areas. Now considered a form of animal crueltv, \nit has been outlawed in every state. [Cases: Animals \nC::3.5(7).] \ncoconspirator. (1837) A person who engages in a \ncriminal conspiracy with another; a fellow conspira\ntor. Also spelled co-conspirator. See CONSPIRATOR. \n[Cases: Conspiracy Cr'-::> 1.1,23.1,39.] \nunindicted coconspirator. (1936) A person who has \nbeen identified by law enforcement as a member ofa \nconspiracy, but who has not been named in the fellow \nconspirator's indictment . Prosecutors typically \nname someone an unindicted coconspirator because \nany statement that the unindicted coconspirator has \nmade in the course and furtherance of the conspiracy is admissible against the indicted defendants. Also \ntermed unindicted conspirator. [Cases: Criminal Law \n(:::::';422-428.] \ncoconspirator's exception. (1954) An exception to the \nhearsay rule whereby one conspirator's acts and state\nments, if made during and in furtherance of the con\nspiracy, are admissible against a codefendant even if \nthe statements are made in the codefendant's absence. \nSee Fed. R. Evid. 801(d)(2)(E). Also termed cocon\nspirator's rule. See HEARSAY. [Cases: Criminal \n422-428; Evidence \nC.O.D. \tabbr. (1859) 1. Cash on delivery; collect on \ndelivery . By consenting to this delivery term, the \nbuyer agrees to pay Simultaneously with delivery and \nappoints the carrier as the buyer's agent to receive and \ntransmit the payment to the seller. With C.O.D. con\ntracts, the practice of carriers has traditionally been \nto disallow inspection before payment. [Cases: Sales \n(;:::;o.S2(3).] 2. Costs on delivery. 3. Cash on demand. \nSometimes written c.o.d. . \nCODA. abbr. CASH OR DEFERRED ARRANGEMENT. \ncode. (ISc) 1. A complete system of positive law, care\nfully arranged and officially promulgated; a system\natic collection or revision oflaws, rules, or regulations \n<the Uniform Commercial Code> . Strictly, a code is \na compilation not just of existing statutes, but also of \nmuch of the unwritten law on a subject, which is newly \nenacted as a complete system oflaw. -Also termed \nconsolidated laws. See CODIFICATION \n\"A code is not only a collection of the existing statutory \nlaw, but also of much of the unwritten law on any subject. \nand is composed partly of such materials as might be at \nhand from all sources -from statutes, cases, and from \ncustoms -supplemented by such amendments, altera \ntions, and additions as are deemed by the codifiers neces\nsary to harmonize and perfect the existing system. In fact, \nin making a code, new laws may be added and old laws \nrepealed in order to constitute a complete system.\" William \nM. Lile et aI., Brief Making and the Use ofLaw Books 18-19 \n(3d ed. 1914) \n2. (usu. cap.) The collection oflaws and constitutions \nmade by order of the Roman Emperor Justinian and \nfirst authoritatively published in A.D. 529 (with a second \nedition in 534). Contained in 12 books, the Code is \none of four works that make up what is now called the \nCorpus Juris Civilis. -Also termed (in sense 2) Legal \nCode. See CODEX; CORPUS JURIS CIVILIS. \nCode Adam. A procedure used by offices, stores, and \nother places to alert people to look for a child who \nhas become separated from a parent or guardian and \nhas been reported as missing somewhere within the \nbuilding . Typically, a description of the missing child \nis broadcast over a paging system. All exits are locked \nor closely monitored. If the child is not found within a \nshort time, the police are called. Many stores, museums, \nmalls, and amusements parks have adopted some form \nof Code Adam. In 2003, Congress passed legislation \nrequiring Code Adam programs in all federal office \nbuildings. This term is a memorial to 6-year-old Adam \n\n293 Codex Hermogenianus \nWalsh of Florida, who in 1981 was abducted from a I  The American Bar Association drafted a Model Code \ndepartment store and murdered. Cf. AMBER ALERT. \nCode Civil. The code embodying the civil law ofFrance, \ndating from 1804 . It was first known as the Code civil \ndesfranr,:ais to distinguish it from the other four codes \npromoted by Napoleon. From 1807 to 1816 it was called \nCode Napoleon, a title that was restored by a decree of \nLouis Napoleon. Since 1870, French statutes have con\nsistently referred simply to the code civil. Cf. NAPOLE\nONIC CODE. See CIVIL CODE (1). \ncoded communications. Messages that are encoded or \nenciphered by some method oftransposition or substi\ntution so that they become unintelligible to anyone who \ndoes not have the key to the code or cipher. \nCode de commerce (kohd da kaw-mairs). A codifica\ntion of French commercial law, enacted in 1807, dealing \nwith commercial transactions, bankruptcy, and the \njurisdiction and procedure ofthe courts handling these \nsubjects. This code supplemented the Code Napoleon. \nSee NAPOLEONIC CODE. \nCode de procedure civil (kohd da praw-se-door see\nveel). A French civil-procedure code, enacted in 1806 \nand appended to the Code Napoleon. See NAPOLEONIC \nCODE. \nCode d'instruction criminelle (kohd dan-struuk-see\nawn kri-mi-nel). A French criminal-procedure code, \nenacted in I8H and appended to the Code Napoleon. \nSee NAPOLEONIC CODE. \ncodefendant. (17c) One of two or more defendants \nsued in the same litigation or charged with the same \ncrime. -Also termed joint defendant. Cf. COPLAIN\nTIFF. \nCode Napoleon (kohd na-poh-Iay-awn). See NAPOLE\nONIC CODE. \nCode Noir (kohd nwahr). [French \"black code\"] Hist. A \nbody oflaws issued by Louis XIV and applied in French \ncolonies. The Code regulated slavery and banned \nJews and non-Catholic religiOUS practices from the \ncolonies. \ncode ofconduct. (1919) A written set ofrules governing \nthe behavior ofspecified groups, such as lawyers, gov\nernment employees, or corporate employees. [Cases: \nAttorney and Client (>:::032(2); Officers and Public \nEmployees 10.) \nCode of Federal Regulations. The annual collection of \nexecutive-agency regulations published in the daily \nFederal Register, combined with previously issued reg\nulations that are still in effect. -Abbr. CFR. [Cases: \nAdministrative Law and Procedure (;::;:>407.) \nCode ofHammurabi (hah-ma-rah-bee or ham-<l-). The \noldest known written legal code, produced in Meso\npotamia during the rule of Hammurabi (who reigned \nfrom 1792 to 1750 B.C.)  The code consisted of nearly \n300 provisions, arranged under headings such as family, \ntrade, real property, personal property, and labor. \nCode of Judicial Conduct. The body of standards gov\nerning the profeSSional ethics and behavior ofjudges. ofJudicial Conduct and formally adopted it in 1972. In \n1973, the U.S. Judicial Conference used the code as the \nbasis for the Code ofConduct for United States Judges. \nPortions of the code are also found in federal law (see, \ne.g. 28 USCA  455). The 1972 ABA Code has been \nsuperseded by the 1990 ABA Model Code of Judicial \nConduct. Each state has a code of judicial conduct, \nbased on the 1972 or 1990 model codes or a blend of \nboth. A state's highest court is responsible for drafting \nand enacting the code. -Abbr. qc. [Cases: Judges \n(;::;:> 11(2).) \nCode of Justinian. See JUSTINIAN CODE. \nCode of Military Justice. The collection of substan\ntive and procedural rules governing the discipline of \nmembers ofthe armed forces. 10 USCA  801 et seq. \nAlso termed Uniform Code ofMilitary Justice (UCMJ). \n[Cases: Armed Services (>42.1; Military Justice \n502.] \nCode of Professional Responsibility. See MODEL CODE \nOF PROFESSIONAL RESPONSIBILITY. \ncode of war. Legal rules that regulate international \narmed conflict.  A code ofwar may arise from many \nsources, including custom, treaties, scholarly writings, \nand domestic legislation. One of the earliest known \ntreatises on rules governing the conduct of war was \nwritten by Sun Tzu in the 4th century B.C. [Cases: War \nand National Emergency (;::;:>9.] \nCode penal (kohd pay-nal). The fourth of five codes \npromoted by Napoleon, enacted in 1810, setting forth \nthe penal code of France. See NAPOLEONIC CODE. \ncode pleading. See PLEADING (2). \ncode state. Hist. A state that, at a given time, had already \nprocedurally merged law and equity, so that equity was \nno longer administered as a separate system; a state in \nwhich there is only one form ofcivil action . This term \nwas current primarily in the early to mid-20th century. \nCf. NONCODE STATE. \ncodex (koh-deks). [Latin) Archaic. 1. A code, esp. the Jus\ntinian Code. See JUSTINIAN CODE. 2. A book written on \npaper or parchment; esp., a volume ofan ancient text. \nCodex Gregorianus (koh-deks gri-gor-ee-ay-nas). \n[Latin] Roman law. A collection of imperial constitu\ntions compiled by the Roman jurist Gregorius and pub\nlished in A.D. 291. Also termed Gregorian Code. \n\"The imperial enactments, rapidly increasing in number, \ncovering, at hazard, the whole range of law, and, by reason \nof difficulties of communication and imperfect methods of \npromulgation, not always readily ascertainable, created a \nburden for the practitioner almost as great as that of the \nunmanageable juristic literature. Something was done to \nhelp him by two collections published privately about the \nend of the third century, the Codex Cregorianus and Codex \nHermogenianus. These collections do not now exist: what \nis known of them is from citations in later literature .. , .\" \nW.W. Buckland, A Manual of Roman Private Law 20-21 (2d \ned. 1939). \nCodex Hermogenianus (koh-deks h<lr-ma-jee-nee\nay-nas). [Latin] Roman law. A collection of imperial \n\n294 Codex Justinianus \nconstitutions compiled by the Roman jurist Hermoge\nnianus and published A.D. 295. The Codex Hermoge\nnianus supplemented the Codex Gregorianus. -Also \ntermed Hermogenian Code. \nCodex Justinianus. See JUSTI:-IIAN CODE. \nCodex Repetitae Praelectionis (koh-deks rep-;l-tI\ntee pri-Iek-shee-oh-nis). [Latin \"code of the resumed \nreading\"] Roman law. See JUSTINIAN CODE. \n\"By the time when the Digest and Institutes had been com\npleted it was obvious that the Codex, published little more \nthan four years earlier, was incomplete, since in the interval \nJustinian ... had promulgated other new constitutions. \nTribonian, therefore, was appointed to revise the Code, \nso as t'o bring it fully up to date, and at the end of the \nyear A.D. 534 this new Code, known as the Codex Repeti\ntae Praelectionis, was promulgated, and is the only Code \nwhich survives to the present day. Justinian seems to have \nlaboured under the erroneous impression that the system \nhe had framed would be adequate for all time. But as there \nis nothing static about law, further legislative enactments, \ntermed Novellae Constitutiones, were issued during his \nreign.... In modern times Justinian's various compilations \ncame to be called collectively the Corpus Juris Civilis: the \nCorpus being regarded as a single work, made up of the \nInstitutes, the Digest, the Codex Repetitae Praelectionis, \nand the Novels.\" R.W. Leage. Roman Private Law 44 (C.H. \nZiegler ed . 2d ed. 1930). \nCodex Theodosianus (koh-deks thee-;l-doh-shee-ay\nnds). [Latin] See THEODOSIAN CODE. \ncodicil (kod-;l-Sdl or -sill. (ISc) A supplement or addition \nto a will, not necessarily disposing of the entire estate \nbut modifying, explaining, or otherwise qualifying \nthe will in some way. _ When admitted to probate, the \ncodicil becomes a part of the will. [Cases: Wills \n99.] \n\"A Schedule or supplement to a Will, or some other writing; \nsome Writers, conferring a Testament, and a Codicil \ntogether, call a Testament a great Will, and a Codicil a little \none; and compare a Testament to a Ship, and the Codicil to \nthe Boat tied to the Ship.\" Thomas Blount, Nomo-Lexicon: \nA Law-Dictionary (1670). \n\"A codicil, from codicil/us. a small codex, a little book \nor writing, may be defined as a writing by the testator \nintended as a supplement or addition to his will, the effect \nof which may be either to enlarge or restrict it, orto annul \nor revoke it altogether. It may add to or subtract from provi\nsions of the will, may explain or alter, confirm or revoke \nthem wholly or in part; or, when the will itself is invalid, \nmay by a valid re-execution and republication revive and \nrenew the will.\" 1 H.C. Underhill, A Treatise an the Law of "}
{"text": "execution and republication revive and \nrenew the will.\" 1 H.C. Underhill, A Treatise an the Law of \nWills  7, at 11 (1900). \ncodicillary (kod-a-sil-a-ree), adj. Of or relating to a \ncodiciL \ncodicillus (kod-d-sil-as), n. [Latin \"little document\"] \nRoman law. 1. An informal document instructing \nan heir to carry out a certain performance, usu. the \npayment of money or the transfer ofproperty to a third \nperson. -During the reign of Augustus (27 B.C.-A.D. \n14), directives (fideicommissa) contained in codicilli \nbecame legally binding. See FIDEICOMMISSUM. 2. An \nimperially granted appointment or special privilege. \ncodification (kod-a-fi-kay-sh;m), n. (1817) 1. The process \nofcompiling, arranging, and systematizing the laws of \na given jurisdiction, or of a discrete branch of the law, into an ordered code. 2. The code that results from this \nprocess. (Cases: Statutes C::.) 144-148, 231.J -codify \n(kod-a-fI), vb. codifier (kod-a-fI-ar), n. \ncodifying statute. See STATUTE. \nCoefficient Clause. See NECESSARY AND PROPER \nCLAUSE. \ncoemptio (koh-emp-shee-oh), n. [Latin] Roman law. \nA form of civil marriage in which the husband \"pur\nchased\" from a woman's father by fictitious sale \nthe right to exercise marital power (manus) over the \nwoman . The father conveyed his daughter to her \nhusband through the technical procedure of a sale \nof res mancipi. The imaginary sale took place in the \npresence of five adult Roman citizens and a balance\nholder (libripens). The husband or fictitious purchaser \nwas termed the coemptionator or coemptioner. Ihe \nimportance ofcoemptio as a method of civil marriage \nhad faded by the end of the Republic period. Cf. CON\nFARREATIO; usus (3). PI. coemptiones (koh-emp-shee\noh-neez). \ncoemption (koh-emp-sh;m), n. (14c) 1. The act of pur\nchasing the entire quantity of any commodity. 2. \nCOEMPTIO. coemptional, coemptive, adj. \ncoerce (koh-<Jrs), vb_ To compel by force or threat <coerce \na confession>. \ncoerced-compliant confession. See CONFESSION. \ncoerced-compliant false confession. See coerced-com\npliant confession under CONFESSION. \ncoerced confession. See CONFESSION. \ncoercion (koh-<Jr-zhan), n. (ISc) 1. CompulSion by \nphysical force or threat of physical force . An act \nthat must be voluntary, such as signing a will, is not \nlegally valid if done under coercion. And since a valid \nmarriage reqUires voluntary consent, coercion or duress \nis grounds for invalidating a marriage. \ncriminal coercion. Coercion intended to restrict anoth\ner's freedom ofaction by: (1) threatening to commit \na criminal act against that person; (2) threatening to \naccuse that person of having committed a criminal \nact; (3) threatening to expose a secret that either would \nsubject the victim to hatred, contempt, or ridicule or \nwould impair the victim's credit or goodwill, or (4) \ntaking or withholding official action or causing an \nofficial to take or withhold action. [Cases: Extortion \nand Threats C=> 1,25.1.] \nimplied coercion. See UNDUE INFLUENCE (1). \nmoral coercion. See UNDUE INFLUE:-ICE (1). \n2. Conduct that constitutes the improper use of \neconomic power to compel another to submit to the \nwishes of one who wields it. -Also termed economic \ncoercion. 3. Hist. A husband's actual or supposed control \nor influence over his wife's actions . Under the com\nmon-law doctrine ofcoercion, a wife who committed a \ncrime in her husband's presence was presumed to have \nbeen coerced by him and thus had a complete defense. \nCourts have abolished this doctrine. Also termed \ndoctrine ofcoercion. -coercive, adj. coercer, n. \n\n295 \n\"Although as an abstract statement any action or restraint \nimposed upon one by another may be spoken of as \ncoercion, there has been a tendency in the criminal law to \nemploy the word 'compulsion' for the general field and to \nreserve the word 'coercion' to indicate the exercise of such \ninfluence (actual or presumed) over a married woman by \nher husband. And since the latter is not merely a specific \ninstance of the former, but is something which differs \nfrom it in kind so far as common-law consequences are \nconcerned, there are important reasons for retaining this \ndifference in the meaning to be assigned to these terms.\" \nRollin M. Perkins & Ronald N. Boyce, Criminal Law 1018 \n(3d ed. 1982). \ncoercive relief. See RELIEF. \ncoexecutodkoh-eg-zek-p-t;}r). See joint executor under \nEXECUTOR. \ncoexistence. Int'llaw. The peaceful continuation of \nnations, peoples, or other entities or groups within an \neffective political-military equilibrium. \ncoexisting motion. See MOTION (2). \ncogent (koh-j;}nt), adj. (l7c) Compelling or convincing \n<cogent reasoning>. -cogency, n. \ncognate, See COGNATIC. \ncognate, n. (ISc) One who is kin to another. -In Roman \nlaw, the term means a blood relationship and implies \nthat the kinship derives from a lawful marriage. In \nScots and later civil law, the term implies kinship from \nthe mother's side. Cf. AGNATE. \ncognate nuisance. See NUISANCE. \ncognate offense. See OFFENSE (1). \ncognati. See COGNATUS. \ncognatic (kog-nat-ik), adj. (18c) (Of a relationship) \nexisting between cognates. -Also termed cognate. \ncognatio (kog-nay-shee-oh), n. [Latin] Roman law. \nThe relationship between people having a common \nancestor; a blood relationship; cognates. Cf. AGNATIO. \ncognation (kog-nay-sh.m), n. (14c) 1. Relationship by \nblood rather than by marriage; relationship arising \nthrough common descent from the same man and \nwoman, whether the descent is traced through males \nor females. \n'''Cognation' is ... a relative term, and the degree of con\nnexion in blood which it indicates depends on the par\nticular marriage which is selected as the commencement \nof the calculation.\" Henry S. Maine, Ancient Law 122 (17th \ned. 1901). \n2. Civil law. A relationship existing between two people \nby blood, by family, or by both. \ncivil cognation. A relationship arising by law, such as \nthat created by adoption. \nmixed cognation. A relationship that combines the ties \nof blood and family, such as that existing between \nbrothers who are born of the same marriage. \nnatural cognation. A blood relationship, usu. arising \nfrom an illicit connection. \n3. Relationship between persons or things ofthe same \nor similar nature; likeness. cognizable \ncognatus (kog-nay-t;}s), n. & adj. [Latin] Roman law. \nA cognatic relative; a person related to another by \na common ancestor. Also termed cognate. Cf. \nAGNATUS. Pl. cognati. \ncognitio (kog-nish-ee-oh), n. [fro Latin cognoscere \"to \nknow\"] 1. Hist. The acknowledgment of a fine, or the \ncertificate of such an acknowledgment. 2. Roman law. \nSee COGNITIO EXTRAORDINARIA. PI. cognitiones (kog\nnish-ee-oh-neez). \ncognitio extraordinaria (kog-nish-ee-oh ek-stror-di\nnair-ee-;} or ek-str;}-or-). [Latin] Roman law. A type \nof legal proceeding, ariSing at the beginning of the \nEmpire, in which a government official controlled the \nconduct of a trial from beginning to end, as opposed \nto the earlier formulary system in which a magistrate \nshaped the issues and then turned the issues of fact and \nlaw over to a lay judge (a judex). -Sometimes short\nened to cognitio. Also termed cogl1itio extra ordinem \n(kog-nish-ee-oh ek-str;) or-d;}-n;}m). \n'The cognitio extra ordinem or cognitio extraordinaria is \na collective name for all those legal procedures in which \nthe trial consists of one stage only and in which judgment \nis given by the emperor or by an imperial official acting \non behalf of the emperor. The disputes that were settled \nby means of the cognition procedure could be of very dif\nferent kinds: not only could they be about matters con\ncerning private law and criminal law, but they could also \nbe disputes between citizens and government officials.\" \nOlga TeliegenCouperus, A Short History of Roman Law \n90 (1993). \ncognitionibus mittendis (kog-nish-ee-oh-n;)-b;)s mi\nten-dis). [Latin \"cognizance of pleas to be released\"] \nHist. A writ ordering a justice ofthe Common Pleas to \ncertify a fine that the justice had imposed but refused \nto certify. \ncognition is causa tantum (kog-nish-ee-oh-nis kaw-z;) \ntan-tam). [Latin \"for the purpose ofascertaining a debt \nagainst the estate\"] Scots law. A creditor's action against \na deceased debtor's estate to ascertain the amount of \nthe debt. \ncognitive test. (1955) Criminal law. A test of the defen\ndant's ability to know certain things, specifically the \nnature of his or her conduct and whether the conduct \nwas right or wrong. _ This test is used in assessing \nwhether a defendant may rely on an insanity defense. \n[Cases: Criminal Law GA8.] \ncognitor (kog-ni-tor), n. Roman law. A person formally \nappointed to represent another in a civil trial. Cf. PROC\nURATOR (1). \ncognizable (kog-ni- or kog-nI-z;}-b;}l), adj. (l7c) 1. \nCapable of being known or recognized <for purposes of \nestablishing standing, a plaintiff must allege a judicially \ncognizable injury>. 2. Capable of being identified as a \ngroup because of a common characteristic or interest \nthat cannot be represented by others <American \nIndians qualify as a cognizable group for jury-selec\ntion purposes>. 3. Capable of being judicially tried \nor examined before a designated tribunal; within the \ncourt's jurisdiction <the tort claims are not cognizable \nunder the consumer-protection statute>. \n\n296 cognizance \ncognizance (kog-ni-zans), n. (14c) 1. A court's right \nand power to try and to determine cases; JURISDIC\nTION. [Cases: Courts <):::;;2.] 2. The taking ofjudicial \nor authoritative notice. [Cases: Criminal Law <):::;;304; \nEvidence G:: 1.] 3. Acknowledgment or admission ofan \nalleged fact; esp. (hist.), acknowledgment of a fine. See \nFINE (1); FINE SUR COGNIZANCE DE DROIT. 4. Common\nlaw pleading. In a replevin action, a plea by the defen\ndant that the goods are held in bailment for another. \nCf. AVOWRY. [Cases: Replevin \ncognizee (kog-ni-zee). (16c) Hist. The grantee ofland in \na conveyance by fine. -Also termed conusee; conuzee. \nSee FINE.(l). \ncognizor (kog-ni-zar aT -zor). (16c) Hist. The grantor of \nland in a conveyance by fine. Also termed conusor; \nconUZOT. See FINE (1). \n\"Next comes the concord, or agreement itself, after leave \nobtained from the court; which is usually an acknowledg \nment ... that the lands in question are the right of the com \nplainant. And from this acknowledgment, or recognition of \nright, the party levying the fine is called the cognizoy, and \nhe to whom it is levied the cognizee.\" 2 William Blackstone. \nCommentaries on the Laws ofEngland 350-51 (1766). \ncognovit (kog-noh-vit). (18c) [Latin \"he has conceded \n(a debt or an action)\"] An acknowled nt ofdebt \nor liability in the form of a confes judgment.  \nFormerly, credit contracts often included a cognovit \nclause in which the consumer relinquished, in advance. \nany right to be notified of court hearings in any suit \nfor nonpayment -but such clauses are now generally \nillegal. See CONFESSION OF JUDGMENT. Cf. WARRANT OF \nATTORNEY. [Cases: Federal Civil Procedure \nJudgment <):::;;54.] \n\"A cognovit is an instrument signed by a defendant In \nan action actually commenced confessing the plaintiff's \ndemand to be just and empowering the plaintiff to sign \njudgment against him in default of his paying the plain \ntiffthe sum due to him within the time mentioned in the \ncognovit.\" John Indermaur, Principles of the Common Law \n8 (Edmund H. Bennett ed., 1 st Am. ed. 1878). \ncognovit actionem (kog-noh-vit ak-shee-oh-nam). [Law \nLatin \"he has confessed the action\"] A defendant's \nwritten acknowledgment ofthe plaintiff's claim, autho\nrizing the plaintiff to take a judgment for a named sum; \na cognovit. \ncognovit clause. (1925) A contractual provision by \nwhich a debtor agrees to jurisdiction in certain courts, \nwaives notice requirements, and authorizes the entry \nof an adverse judgment in the event of a default or \nbreach. Cognovit clauses are outlawed or restricted in \nmost states. [C"}
{"text": "in the event of a default or \nbreach. Cognovit clauses are outlawed or restricted in \nmost states. [Cases: Federal Civil Procedure <):::;;2396; \nJudgment (\"';=54.J \ncognovit judgment. See JUDGMENT. \ncognovit note. A promissory note containing a cognovit \nclause. -Also termed judgment note. [Cases: Federal \nCivil Procedure (;:::2396; Judgment <):::;;54.] \nCOGSA. 1. abbr. CARRIAGE OF GOODS BY SEA ACT. 2. \nMaritime law. A country's enactment of the interna\ntional convention popularly known as the Hague Rules. \n The acronym is used even when the country's statute has a different title; for example, the Canadian Carriage \nofGoods by Water Act is referred to as the \"Canadian \nCOGSA.\" [Cases: Shipping <):::;; 103.] \ncohabitation (koh-hab-a-tay-sh;m), n. (I5c) The fact or \nstate ofliving together, esp. as partners in life, usu. with \nthe suggestion ofsexual relations. [Cases: Marriage <):::;; \n13,22.] cohabit (koh-hab-it), vb. -cohabitative \n(koh-hab-a-tay-tiv), adj. -cohabitant (koh-hab-a\ntant), n. cohabitor (koh-hab-a-tar), n. \nillicit cohabitation. (18c) 1. The offense committed by \nan unmarried man and woman who live together as \nhusband and wife and engage in sexual intercourse . \nThis offense, where it still exists, is seldom prosecuted. \n2. The condition ofa man and a woman who are not \nmarried to one another and live together in circum\nstances that make the arrangement questionable on \ngrounds of social propriety, though not necessarily \nillegaL Also termed lascivious cohabitation; lewd \nand lascivious cohabitation. Cf. FORNICATION. [Cases: \nCriminal Law (;:::45.40; Lewdness L] \nlascivious cohabitation. See illicit cohabitation. \nmatrimonial cohabitation. The living together of \nhusband and wife. \nnotorious cohabitation. (18c) Archaic. Illicit cohabi\ntation in which the parties make no attempt to hide \ntheir living arrangements. Also termed open and \nnotorious cohabitation. See illicit cohabition. [Cases: \nLewdness \ncohabitation agreement. A contract outlining the \nproperty and financial arrangements between persons \nwho live together. Also termed living-together agree\nment. Cf. PRENUPTIAL AGREEMENT. [Cases: Marriage \ncohabiting unmarried person of the opposite sex. See \ncUPos. \nCohan rule (koh-han). Tax. A former rule that a taxpayer \nmay approximate travel and entertainment expenses \nwhen no records exist if the taxpayer has taken all \npossible steps to provide documentation . Since 1962, \ntravel and entertainment expenses have been only \npartly deductible and must be carefully documented, \nbut courts may apply the Cohan reasoning to other \nitems. Cohan v. Commissioner, 39 F.2d 540 (2d Cir. \n1930). [Cases: Internal Revenue 4536.] \ncoheir (koh-air). See HEIR. \ncoheiress (koh-air-is). Hist. A female coheir. \nCohen doctrine (koh-;:m). See COLLATERAL-ORDER \nDOCTRINE. \ncoheres (koh-heer-eez), n. Roman law. A coheir. PI. \ncoheredes (koh-heer-a-deez). \ncohort analysis (koh-hort). (1954) A method of mea\nsuring discrimination in the workplace by comparing, \nat several points in time, the pay and promotions of \nemployees of different cognizable groups. Cohort \nanalyses are often used in employment -discrimination \ncases. [Cases: Civil Rights (';::;::> 1543.] \n\ncoif (koyf). (l4c) Hist. 1. A white linen headpiece formerly \nworn by serjeants at law (barristers ofhigh standing) in \ncommon-law courts. 2. The rank or order of serjeants \nat law. See ORDER OF THE COIF. \nCoinage Clause. (1863) The provision in the U.S. Consti\ntution (art. 1,  8, cl. 5) granting to Congress the power \nto coin money. [Cases: United States (,'::::;::34.] \ncoincident indicator. See INDICATOR. \ncoindictee. One of two or more persons who have been \njointly indicted. See joint indictment under INDICT\nMENT. \ncoined mark. See fanciful trademark under TRADE\nMARK. \ncoined-name claim. See PATENT CLAIM. \ncoined term. See fanciful trademark under TRADE\nMARK. \ncoined trademark. Seefanciful trademark under TRADE\nMARK. \ncoinsurance. See INSURANCE. \ncoinsurance clause. A provision in an insurance policy \nrequiring a property owner to carry separate insurance \nup to an amount stated in the policy to qualify for full \ncoverage. -Also termed contribution clause. [Cases: \nInsurance G-~2170.1 \ncoinsurer. An insurer who shares losses sustained under \nan insurance policy. See coinsurance under INSURANCE. \n[Cases: Insurance (;::::'~2285.] \ncojudices. Archaic. In England, associate judges. \nCOLA. abbr. COST-OF-LIVING ADJUSTMENT. \ncold bench. See BENCH. \ncold blood. (l8c) A killer's state of mind when commit\nting a willful and premeditated homicide <a shooting in \ncold blood>. See COOL BLOOD. cr. HEAT OF PASSION. \ncold check. See bad check under CHECK. \ncold-comfort letter. See COMFORT LETTER (1). \ncold-water ordeal. See ordeal by water (1) under \nORDEAL. \ncolegatee (koh-Ie-ga-tee). A joint legatee; one of two or \nmore persons who receive a legacy under a wilL Cf. \nLEGATEE. [Cases: Wills C=>708-872.] \nCOLI. See corporate-owned life insurance under LIFE \nINSURANCE. \ncolibertus (kol-i-b3r-tas). [Law Latin] Hist. A serf in \nfree socage; that is, a serf who is nominally freed but is \nstill subject to certain servile conditions . A coliber\ntus occupied a position in society between servile and \nfree tenants. Also spelled collibertus. PI. coliberti. \nSee SOCAGE. \ncollaborative divorce. See DIVORCE. \ncollaborative law. A dispute-resolution method by which \nparties and their attorneys settle disputes using non\nadversarial techniques to reach a binding agreement, \nwith the understanding that ifthe parties cannot agree \nand choose to litigate instead, the attorneys involved in the negotiations will be disqualified from representing \nthem any further. Cf. COOPERATIVE LAW; MEDIATION \n(1). \ncollapsible corporation. See CORPORATION. \ncollapsible partnership. See PARTNERSHIP. \ncollar, n. The minimum and maximum price or ratio \nfor a transaction. \ncollate (b-layt), vb. Civil law. To return (inherited \nproperty) to an estate for division <the grandchildren \ncollated the property they had received>. [Cases: Exec\nutors and Administrators \ncollateral (ka-Iat-3r-dl), adj. 1. Supplementary; accom\npanying, but secondary and subordinate to <whether \nthe accident victim was wearing a seat belt is a collateral \nissue>. 2. Not direct in line, but on a parallel or diverg\ning line of descent; of or relating to persons who are \nrelated by blood but are neither ancestors nor descen\ndants <an uncle is in a collateral, not a direct, line>. Cf. \nLINEAL. -collaterality (ka-lat-ar-al-d-tee), n. \ncollateral (ka-Iat-3r-al), n. (17c) 1. A person collaterally \nrelated to a decedent. [Cases: Descent and Distribu\ntion C-..37; Wills 2. Property that is pledged \nas security against a the property subject to a \nsecurity interest or agricultural lien. See UCC  9-102(a) \n(12). -Also termed (in sense 2) collateral security. \n[Cases: Secured Transactions 115.] \nas-extracted collateral. 1. Oil, gas, or other minerals \nthat are subject to a security interest that is created \nby a debtor haVing an interest in the minerals before \nextraction and that attaches to the minerals as they \nare extracted. UCC 9-102(a)(6)(A). 2. An account \narising out ofthe sale at the wellhead or minehead of \noil, gas, or other minerals in which the debtor had an \ninterest before extraction. VCC 9-102(a)(6)(B). \ncash collateral. Collateral consisting of cash, nego\ntiable instruments, documents of title, securities, \ndeposit accounts, or other cash equivalents. 11 USCA \n 363(a). \ncross-collateral. 1. Security given by all parties to a \ncontract. 2. Bankruptcy. Bargained-for security that \nin addition to protecting a creditor's postpetition \nextension ofcredit protects the creditor's prepetition \nunsecured claims, which, as a result ofsuch security, \nobtain priority over other creditors' prepetition unse\ncured claims. Some courts allow this procedure, \nwhich is known as cross-collateralization. [Cases: \nBankruptcy C=> 3037.] \ncollateral act. Any act (usu. excluding the payment of \nmoney) for which a bond or recognizance is given as \nsecurity. \ncollateral affinity. See AFFINITY. \ncollateral-agreement doctrine. See COLLATERAL-CON\nTRACT DOCTRINE. \ncollateral ancestor. See collateral ascendant under \nASCENDANT. \ncollateral ascendant. See ASCENDANT. \n\n298 collateral assignee \ncollateral assignee. See ASSIGNEE. \ncollateral assignment. See ASSIGNMENT (2). \ncollateral assurance. See ASSURANCE. \ncollateral attack. (1833) An attack on a judgment in a \nproceeding other than a direct appeal; esp., an attempt \nto undermine a judgment through a judicial proceed\ning in which the ground of the proceeding (or a defense \nin the proceeding) is that the judgment is ineffective. \nTypically a collateral attack is made against a point of \nprocedure or another matter not necessarily apparent \nin the record, as opposed to a direct attack on the merits \nexclusively. A petition for a writ ofhabeas corpus is one \ntype ofcollateral attack. Also termed indirect attack. \nCf. DIRECT ATTACK (1). [Cases: Criminal Law 0:='1407; \nHabeas Corpus 0:='203; Judgment \ncollateral-benefit rule. See COLLATERAL-SOURCE \nRULE. \ncollateral condition. See CONDITION (2). \ncollateral consanguinity. See CONSANGUINITY. \ncollateral consequence. A penalty for committing \na crime, in addition to the penalties included in the \ncriminal sentence . An example is the loss of a pro\nfessionallicense. When a collateral consequence exists, \na defendant's appeal of a conviction does not become \nmoot when the criminal sentence is completed. \ncollateral contract. See CONTRACT. \ncollateral-contract doctrine. (1947) The principle that \nin a dispute concerning a written contract, proof of \na second (usu. oral) agreement will not be excluded \nunder the parol-evidence rule if the oral agreement is \nindependent ofand not inconsistent with the written \ncontract, and if the information in the oral agreement \nwould not ordinarily be expected to be included in the \nwritten contract. -Also termed collateral-agreement \ndoctrine. [Cases: Evidence ~440.] \ncollateral covenant. See COVENANT (1). \ncollateral defense. See DEFENSE (1). \ncollateral descendant. See DESCENDANT. \ncollateral descent. See DESCENT. \ncollateral estoppel (e-stop-JI). (1941) 1. The binding \neffect of a judgment as to matters actually litigated \nand determined in one action on later controversies \nbetween the parties involving a different claim from \nthat on which the original judgment was based. 2. \nA doctrine barring a party from relitigating an issue \ndetermined against that party in an earlier action, even \nif the second action differs Significantly from the first \none. -Also termed issue preclusion; issue estoppel; \ndirect estoppel; estoppel byjudgment; estoppel by record; \nestoppel by verdict; cause-ai-action estoppel; technical \nestoppel; estoppel per rem judicatam. Cf. RES JUDICATA. \n[Cases: Judgment ~634, 713, 948(1).] \nadministrative collateral estoppel. Estoppel that arises \nfrom a decision made by an agency acting in a judicial \ncapacity. [Cases: Administrative Law and Procedure \n(;:::::;501.] defensive collateral estoppel. (1968) Estoppel asserted \nby a defendant to prevent a plaintiff from relitigat\ning an issue previously decided against the plaintiff. \n[Cases: Judgment ~632.] \nnonmutual collateral estoppel. Estoppel asserted either \noffensively or defenSively by a nonparty to an earlier \naction to prevent a party to that earlier action from \nrelitigating an issue determined against it. [Cases: \nJudgment C::'632.] \noffensive collateral estoppel. (1964) Estoppel asserted \nby a plaintiff to prevent a defendant from relitigating \nan issue previously decided against the defendant. \n[Cases: Judgment 0:='632.] \ncollateral fact. See FACT. \ncollateral fraud. See extrinsic fraud (1) under FRA"}
{"text": "2.] \ncollateral fact. See FACT. \ncollateral fraud. See extrinsic fraud (1) under FRAUD. \ncollateral heir. See HEIR. \ncollateral-inheritance tax. See TAX. \ncollateral issue. See ISSUE (1). \ncollateralize (kJ-Iat-Jr-Jl-lZ), vb. (1941) 1. To serve as \ncollateral for <the purchased property collateralized \nthe loan agreement>. 2. To make (a loan) secure with \ncollateral <the creditor insisted that the loan be collat\neralized>. [Cases: Secured Transactions 1.] col\nlateralization (b-Iat-Jr-al-J-zay-shan), n. \ncollateralized mortgage obligation. Securities. A bond \nsecured by a group ofmortgage obligations or pass\nthrough securities and paid according to the payment \nschedule ofits class (or tranche).  CMOs are issued by \nthe Federal Home Loan Mortgage Corporation, and \nbenefit from predictable payments of interest and prin\ncipal. -Abbr. CMO. See pass-through security under \nSECURITY; TRANCHE. \ncollateral limitation. See LIMITATION. \ncollateral line. See LINE. \ncollateral loan. See secured loan under I.OAN. \ncollateral matter. (l7c) Evidence. Any matter on which \nevidence could not have been introduced for a relevant \npurpose. If a witness has erred in testifying about \na detail that is collateral to the relevant facts, then \nanother party cannot call witnesses to contradict that \npoint -cross-examination alone must suffice. Fed. R. \nEvid. 608(b). [Cases: Evidence Witnesses \n405.] \ncollateral mistake. See unessential mistake under \nMISTAKE. \ncollateral mortgage. See MORTGAGE. \ncollateral negligence. See NEGLIGE:'>!CE. \ncollateral-negligence doctrine. (1941) The rule holding \nthat one who engages an independent contractor is \nnot liable for physical harm that the contractor causes \nif (1) the contractor's negligence consists solely of the \nimproper manner in which the contractor's work is per\nformed, (2) the risk of harm created is not normal to the \nwork, and (3) the employer had no reason to contem\n\n299 collective-bargaining agreement \nplate the contractor's negligence when the contract was \nmade. [Cases: Labor and Employment \ncollateral note. See secured note under NOTE (1). \ncollateral obligation. A liability undertaken by a person \nwho becomes bound for another's debt. -Also termed \naccessorial obligation. \ncollateral-order doctrine. (1950) A doctrine alloWing \nappeal from an interlocutory order that conclusively \ndetermines an issue wholly separate from the merits \nof the action and effectively unreviewable on appeal \nfrom a final judgment. Also termed Cohen doctrine \n(fr. Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, \n69 S.Ct. 1221 (1949. See appealable decision under \nDECISION. [Cases: Appeal and Error Federal \nCourts C=c572.l.J \ncollateral power. See POWER (5). \ncollateral proceeding. See PROCEEDING. \ncollateral promise. See PROMISE. \ncollateral relative. See RELATIVE. \ncollateral security. See SECURITY. \ncollateral-source rule. (1951) Torts. 'Ine doctrine that \nif an injured party receives compensation for the \ninjuries from a source independent ofthe tortfeasor, \nthe payment should not be deducted from the damages \nthat the tortfeasor must pay . Insurance proceeds are \nthe most common collateral source. Also termed \ncollateral-benefit rule. [Cases: Damages \ncollateral trust bond. See BOND (3). \ncollateral trust certificate. See collateral trust bond (1) \nunder BO:-.rD (3). \ncollateral use. See USE (1). \ncollateral warranty. See WARRANTY (1). \ncollatio bonorum (kd-Iay-shee-oh bd-nor-dm). [Latin \n\"collation of goods\"] Civil law. The bringing into \nhotchpot ofgoods or money advanced by a parent to a \nchild, so that the parent's personal estate will be equally \ndistributed among the parent's children. PI. collationes \nbonorum. See HOTCHPOT. \n\"[Ilf the estates so given them, by way of advancement, \nare not quite equivalent to the other shares, the children \nso advanced shall now have so much as will make them \nequal. This just and equitable provision hath been also said \nto be derived from the col/atio bonorum of the imperial \nlaw: which it certainly resembles in some pOints, though it \ndiffers widely in others. But it may not be amiss to observe, \nthat, with regard to goods and chattels, this is part of ... \nthe common law of England, under the name of hotchpot.\" \n2 William Blackstone, Commentaries on the Laws ofEngland \n516-17 (1766). \ncollation (b-Iay-sh,m), n. (14c) 1. The comparison ofa \ncopy with its original to ascertain its correctness; the \nreport ofthe officer who made the comparison. 2. The \ntaking into account ofthe value ofadvancements made \nby an intestate to his or her children so that the estate \nmay be divided in accordance with the intestacy statute. \nCf. HOTCHPOT. [Cases: Descent and Distribution (;::::c \n93-118.) 3. Eccles. law. The act (by a bishop) of confer\nring a benefice in which the bishop holds the right of advowson, thus combining the acts of presentation and \ninstitution. Also termed collation to a benefice. See \nadvowson collative under ADVOWSON. collate (kd\nlayt), vb. collator (kd-lay-tdr), n. \ncollatione facta uni post mortem alterius (k<l-lay-shee\noh-nee fak-td yoo-m pohst mor-tdm al-teer-ee-ds [or \nawl-]). [Law Latin \"by collation to a benefice made to \none after the death ofthe other\"] Hist. A writ directed to \nthe Court ofCommon Pleas, requesting that the court \norder a bishop to appoint a clerk in place of another \nwho had died pending appointment. \ncollatione heremitagii (b-lay-shee-oh-nee her-d-md\ntay-jee-I). [Law Latin \"by collation ofhermitage\"] Hist. \nA writ by which the Crown conferred the keeping ofa \nhermitage on a clerk. \ncollation to a benefice. See COLLATION. \ncollatio signorum (h-Iay-shee-oh sig-nor-dm). [Law \nLatin \"comparison ofsigns\"] Hist. A method oftesting a \nseal's genuineness by comparing it with another known \nto be genuine. \ncollative fact. See investitive fact under FACT. \ncollectability. The ability ofa judgment creditor to make \na judgment debtor pay the amount ofthe judgment; the \ndegree to which a judgment can be satisfied through \ncollection efforts against the judgment debtor. \ncollecting bank. See BANK. \ncollection. Banking. The process through which an item \n(such as a check) passes in a payor bank. See payor \nbank under BANK. [Cases: Banks and Banking C:::::> \n156-175.] \ncollection indorsement. See restrictive indorsement \nunder INDORSEME:-.rT. \ncollection item. An item (such as a documentary draft) \ntaken by a bank for a customer's account, but not \ncredited until payment for the item has actually been \nreceived. See documentary draft under DRAFT. [Cases: \nBanks and Banking (;=> 158, 161(1).] \ncollective bargaining. Negotiations between an \nemployer and the representatives oforganized employ\nees to determine the conditions ofemployment, such as \nwages, hours, discipline, and fringe benefits. See CON\nCESSION BARGAIN mG. [Cases: Labor and Employment \n(;=>1100.] \n\"Collective bargaining means the joint determination by \nemployees and employers of the problems of the employ\nment relationship. Such problems include wage rates and \nwage systems, hours and overtime, vacations, discipline, \nwork loads, classification of employees, layoffs, and worker \nretirement. The advent of collective bargaining does not \ngive rise to these problems. Rather they are germane to the \nindustrial relations environment, and exist with or without \nunionization.\" Benjamin J. Taylor & Fred Whitney, Labor \nRelations Law 3 (1971). \ncollective-bargaining agreement. Labor law. A contract \nbetween an employer and a labor union regulating \nemployment conditions, wages, benefits, and griev\nances. Abbr. CBA. -Also termed labor agree\nment; labor contract; union contract; collective-labor \n\nagreement; trade agreement. [Cases: Labor and Employ\nment \ncollective-knowledge rule. See FELLOW-OFFICER RULE. \ncollective-labor agreement. See COLLECTIVE- BARGAIN\n1NG AGREEMENT. \ncollective mark. See collective trademark under TRADE\nMARK. \ncollective measure. lnt'llaw. An activity undertaken \nby more than one country to achieve an agreed-upon \nend. The countries involved may undertake a collec\ntive measure either in an ad hoc manner or through an \ninstitutionalized association. \ncollective punishment. (I872) A penalty inflicted on a \ngroup ofpersons without regard to individual respon\nsibility for the conduct giving rise to the penalty. Col\nlective punishment was outlawed in 1949 by the Geneva \nConvention. \ncollective trademark. See TRADEMARK. \ncollective work. See WORK (2). \ncollector of decedent's estate. A person temporar\nily appointed by a probate court to collect assets and \npayments due to a decedent's estate, and to settle other \nfinancial matters requiring immediate attention. A \ncollector is often appointed to look after an estate when \nthere is a will contest or a dispute about who should \nbe appointed administrator. The collector's duties end \nwhen an executor or administrator is appointed. [Cases: \nExecutors and Administrators G=>22.] \ncollega (b-Iee-gd), n. [Latin] Roman law. A person \ninvested with joint authority; a colleague or associate. \n Collega usu. referred to a member ofan association \n(collegium) or a coheir. See COLLEGIUM. \ncollegatarius (b-Ieg-;l-tair-ee-;ls), n. [Latin] Roman law. \nA colegatee. \ncollegatary (k;l-leg-a-ter-ee). A colegatee; a person \nwho shares a common legacy with one or more other \npersons. Also termed collegatarius (b-leg-a-ter\nee-as). \ncollege. 1. An institution oflearning that offers instruc\ntion in the liberal arts, humanities, and sciences, but \nnot in the technical arts or in studies preparatory to \nadmission to a profession. [Cases: Colleges and Uni\nversities 2. An assembly ofpeople, established \nby law or private agreement to perform some special \nfunction or to promote some common purpose, usu. \nofan educational, political, ecclesiastical, or scientific \nnature. \nCollege ofAdvocates and Doctors ofLaw. See DOCTORS' \nCOMMONS. \nCollege ofArms. See HERALDS' COLLEGE. \nCollege ofJustice. Scots la w. The body ofjudges and \nlawyers created in 1532 to constitute the Court of \nSession, the superior civil court ofScotland. \ncollegium (kd-Iee-jee-;lm), n. [Latin] Roman law. An \nassociation of at least three people having the right \nto assemble and enact rules concerning membership, organization, and the rights and duties ofmembers. \nCollegia were formed for profeSSional, cultural, chari\ntable, and religious purposes. PI. collegia. \ncollegium illicitum (b-Iee-jee-am i-lis-;l-t;lm). A col\nlegium that either is not sanctioned by law or assem\nb\u0001es for some purpose other than that expressed in \nits charter. \ncollegium licitum (b-Iee-jee-am lis-;l-t~m). An assem\nblage ofpeople empowered to act as a juristic person \nin the pursuit ofsome useful purpose or business. \ncollision. Maritime law. 1. The contact of two or more \nmoving vessels. [Cases: Collision 2. ALLISION. \ncollision insurance. See INSURANCE. \ncolliterales etsocii (b-lit-a-ray-Ieez et soh-shee-I). [Law \nLatin \"assistants and associates\"] Hist. In England, the \nformer title of assistants to the Chancery judges (i.e., \nmasters in chancery). \ncollobium (kd-Ioh-bee-~m). [Law Latin] Hist. A hood or \ncovering for the shoulders, formerly worn by serjeants\nat-law. \ncolloquium (kd-Ioh-kwee-am). (17c) 1. The offer of \nextrinsic evidence to show that an allegedly defama\ntory statement referred to the plaintiff even though it \ndid not explicitly mention the plaintiff. [Cases: Libel \nand Slander G=>82.] 2. The introductory averments in \na plaintiff's pleading setting out all the special circum\nstances that make the challenged words defamatory. \nCf. INDUCEMENT (4); INNUENDO (2). [Cases: Libel and \nSlander C=)82.] PI. colloquiums, colloquia. \ncolloquy (kol-a-kwee). (15c) Any formal discussion, such \nas an oral exchange between a judge, the prosecutor, \nthe defense counsel, and a criminal defendant in which \nthe judge ascertains the defendant's understanding of \nthe proceedings and of the defendant's rights . This \ndiscussion helps the court to determine the defendant's \nability to continue in the proceedings (esp. important \nduring a change-of-plea hearing). \ncollusion (b-Ioo-zh;ln), n. (14c) 1. An agreement to \ndefraud another or to do or obtain something forbid\nden by law. [Cases: Fraud (;::;>30.] 2. As a defense to \ndivorce, an"}
{"text": "den by law. [Cases: Fraud (;::;>30.] 2. As a defense to \ndivorce, an agreement between a husband and wife to \ncommit or to appear to commit an act that is grounds \nfor divorce . For example, before the advent ofno-fault \ndivorce, a husband and wife might agree to make it \nappear that one ofthem had committed adultery. Cf. \nCONNIVANCE (2); CONDONATION (2); RECRIMINATION \n(1). collude, vb. -collusive, adj. coUuder, n. \ntacit collusion. Antitrust. See CONSCIOUS PARALLEL\nISM. \ncollusive action. See ACTION. \ncollusive joinder. See JOINDER. \nCollyer doctrine (kol-pr). Labor law. The principle \nunder which the National Labor Relations Board will \nrefer an issue brought before it to arbitration ifthe issue \nis arbitrable under the collective-bargaining agreement. \nCollyer Insulated Wire, 192 NLRB 837 (197l). Cf. SPIEL\n\n301 \nBERG DOCTRINE. [Cases: Labor and Employment \n1678(1).J \ncolonial law. 1. Law governing a colony or colonies. 2. \nIhe body oflaw in force in the 13 original U.S. colonies \nbefore the Declaration ofIndependence. \ncolon-semicolon form. Patents. A style ofwriting patent \nclaims that uses a colon after the preamble and semico\nlons between every two elements. Cf. OUTLINE FORM, \nSINGLE-PARAGRAPH FORM; SUBPARAGRAPH FORM. \neolonus partiarius (ka-loh-n<ls pahr-shee-air-ee-<ls). \n[Latin \"tenant farmer sharing produce\" or \"a sharing \nlandholder\"J Roman law. A farmer who gave a fixed \nportion of the farm's produce as payment (instead of \nmoney) to the landlord. Cf. SHARECROPPING. \ncolony, n. Int'llaw. 1. A dependent territorial entity \nsubject to the sovereignty of an independent country, \nbut considered part ofthat country for purposes ofrela\ntions with third countries. 2. A group ofpeople who \nlive in a new territory but retain ties with their parent \ncountry. 3. The territory inhabited by such a group. See \nMOTHER COUNTRY. colonize, vb. -colonial, adj. \ncolor, n. (13c) 1. Appearance, guise, or semblance; esp., \nthe appearance of a legal claim to a right, authority, \nor office <color of title> <under color of state law>. 2. \nCommon-law pleading. An apparent, but legally insuf \nficient, right or ground ofaction, admitted in a defen\ndant's pleading to exist for the plaintiff; esp., a plaintiff's \napparent (and usu. false) right or title to property, the \nexistence of which is pleaded by the defendant and then \nattacked as defective, as part ofa confession and avoid\nance to remove the case from the jury by turning the \nissue from one offact to one of law. See GIVE COLOR. \n[Cases: PleadingC--:>133.] \n\"It is a rule of pleading, that no man be allowed to plead \nspecially such a plea as amounts only to the general issue. \nor a total denial of the charge; but in such case he shall \nbe driven to plead the general issue in terms, whereby the \nwhole question is referred to ajury. But if the defendant. \nin an assise or action of trespass, be desirous to refer the \nvalidity of his title to the court rather than the jury, he may \nstate his title specially, and at the same time give colour \nto the plaintiff, or suppose him to have an appearance or \ncolour of title, bad indeed in point of law, but of which the \njury are not competent judges. As if his own true title be, \nthat he claims by feoffment with livery from A, by force \nof which he entered on the lands in question, he cannot \nplead this by itself, as it amounts to no more than the \ngeneral issue ... not guilty in an action of trespass. But \nhe may allege this speCially, provided he goes farther and \nsays, that the plaintiff claiming by colour of a prior deed of \nfeoffment, without livery. entered; upon whom he entered; \nand may then refer himself to the judgment of the court \nwhich of these two titles is the best in point of law.\" 3 \nWilliam Blackstone, Commentaries on the Laws ofEngland \n309 (1768). \nexpress color. Hist. A defendant's admission that the \nplaintiff has an apparent right to something coupled \nwith an assertion that the plaintiff's right is legally \ninferior to the defendant's right to the same thing. \nThis pleading was typically used in cases of trespass \nto land by making fictitious allegations that put \nthe plaintiff's ownership of the land in question. \nFor instance, the defendant would admit that the color book \nplaintiff had shown apparent ownership ofthe land \nby possessing it but then claim that the plaintiff's title \nwas somehow defective, so that the plaintiff did not \nactually own the land. This pleading was abolished \nby the Common-Law Procedure Act of 1852, 15 & 16 \nViet., ch. 76,  64. \n\"Express color is a fictitious allegation, not traversable, to \ngive an appearance of right to the plaintiff, and thus enable \nthe defendant to plead specially his own title, which would \notherwise amount to the general issue. It is a licensed \nevasion of the rule against pleading contradictory matter \nspecially.\" Benjamin J. Shipman, Handbook ofCommon-Law \nPleading  202, at 351 (Henry Winthrop Ballantine ed., 3d \ned. 1923). \nimplied color. L A defendant's tacit admission of a \nplaintiff's prima facie case by failing to deny it. 2. An \napparent ground ofaction that arises from the nature \nofthe defense, as when the defense consists ofa con\nfession and avoidance in which the defendant admits \nthe facts but denies their legal sufficiency . This is a \nquality inherent in all pleadings in confession and \navoidance. \ncolorable, adj. (14c) 1. (Ofa claim or action) appearing \nto be true, valid, or right <the pleading did not state a \ncolorable claim>. 2. Intended to deceive; counterfeit \n<the court found the conveyance of exempt property \nto be a colorable transfer, and so set it aside>. \ncolorable alteration. Intellectual property. A modifica\ntion that effects no real or substantial change, but is \nmade only to distinguish an invention or work from \nan existing patent or copyright; a small change made \nin a product or process solely to avoid literal infringe\nment ofan earlier patent's claim. Also termed color\nable deviation. [Cases: Patents Copyrights and \nIntellectual Property \ncolorable claim. See CLAIM (4). \ncolorable deviation. See COLORABLE ALTERATION. \ncolorable imitation. Trademarks. Any mark, whether \nor not created with an intent to deceive, whose resem\nblance to a registered mark is likely to cause confusion \nor mistake. See SIMILARITY. [Cases: Trademarks \n1080.] \ncolorable-imitation test. Trademarks. A test for a trade\nmark violation in which a court determines whether \nan ordinary person who is not allowed to compare the \ntwo items side by side could recognize the difference \nbetween the two. [Cases: Trademarks C=>1097.] \ncolorable transaction. See TRANSACTION. \ncolorable transfer. See TRANSFER. \nColorado Air Force School. See UNITED STATES AIR \nFORCE ACADEMY. \nColorado River abstention. See ABSTENTION. \ncolor book. Archaic. Int'llaw. An official compilation of \ndiplomatic documents and internal papers and reports \nof a government, the purpose of which is to inform \nthe legislature and the public about foreign policy, \nesp. during foreign crises . Color books reached their \n\n302 c%re officii \nheight ofpopularity in the late 19th and early 20th cen\nturies. They are now little used in most countries. \ncolore officii (k;l-lor-ee ;:dish-ee-I), [Latin \"by color of \noffice\"] See COLOR OF OFFICE. \ncolor ofapparent organization. The appearance ofcor\nporate authority, including the assumption and exercise \nofcorporate functions in good faith, even though the \ncorporation's organizers did not fully or substantially \ncomply with the terms of the corporate charter or the \nstatutory requirements for incorporation. See de facto \ncorporation under CORPORATION. [Cases: Corporations \n(:=>29(2).] \ncolor of authority. The appearance or presumption of \nauthority sanctioning a public officer's actions . The \nauthority derives from the officer's apparent title to the \noffice or from a writ or other apparently valid process \nthe officer bears. [Cases: Officers and Public Employ\nees \ncolor onaw. (17c) The appearance or semblance, without \nthe substance, ofa legal right . The term usu. implies a \nmisuse ofpower made possible because the wrongdoer \nis clothed with the authority ofthe state. State action is \nsynonymous with color of[statellaw in the context of \nfederal civil-rights statutes or criminal law. See STATE \nACTION. [Cases: Civil Rights \ncolor ofoffice. lhe authority or power that is inherent \nin an office, esp. a public office . Acts taken under the \ncolor ofan office are vested with, or appear to be vested \nwith, the authority entrusted to that office. [Cases: \nOfficers and Public Employees (.;:::,121.] \n\"The starting point in the law of bribery seems to have \nbeen when a judge, for doing his office or acting under \ncolor of his office, took a reward or fee from some person \nwho had occasion to come before him, -and apparently \nguilt attached only to the judge himself and not to the \nbribegiver.\" Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw 527 (3d ed. 1982). \ncolor of process. 'Ihe appearance of validity and suf\nficiency surrounding a legal proceeding that is later \nfound to be invalid. \ncolor of title. (18c) A written instrument or other \nevidence that appears to establish title but does not in \nfact do so. Also termed apparent title. \ncom. abbr. COMPANY. \ncomaker. One who participates jointly in borrow\ning money on a promissory note; esp., one who acts \nas surety under a note if the maker defaults. -Also \ntermed COSigner. Cf. MAKER (2). [Cases: Bills and Notes \n<8=)48, 118.1 \ncombatant (k<lm-bahmt or kom-b<l-tflnt). (15c) Int'[ \nlaw. A person who participates directly in hostilities. \n \"Legitimate\" combatants are members of the armed \nforces or uniformed members ofa militia or volunteer \ncorps, under military command and subject to the laws \nofwar. Cf. NONCOMBANT. \nenemy combatant (bm-bat-<lnt). A combatant \ncaptured and detained while serving in a hostile force \nduring open warfare . In general, the separationof-powers doctrine prevents a United States civilian \ncourt from interfering with the military's handling \nof enemy combatants, at least as long as the hostili\nties continue. An enemy combatant may be detained \nwithout charges but has the right to contest the deten\ntion. Rasul v. Bush, 542 U.S. 466,124 S.Ct. 2686 (2004). \nUnited States citizenship does not prevent a person \nfrom being designated an enemy combatant, but the \ngovernment must give a citizen-detainee notice ofthe \nfactual basis for the classification and a fair opportu\nnity to rebut the factual assertions before a neutral \ndecision-maker. Hamdi v. Rumsfeld, 542V.s. 507, 124 \nS.Ct. 2633 (2004). War and National Emer\ngency \ncombination. 1. An alliance of individuals or corpora\ntions working together to accomplish a common (usu. \neconomic) goal. See COMBINATION IN RESTRAINT OF \nTRADE. 2. CONSPIRACY. 3. STRADDLE. 4. Patents. A \nunion ofold and new elements in an invention. -The \nterm encompasses not only a combination ofmechani\ncal elements but also a combination of substances in \na composition claim or steps in a process claim. Cf. \nAGGREGATION. [Cases: Patents (:=>26.] 5. Patents. An \ninvention that uses two or more patented inventions to \nmake a distinct and useful third product.  In the past, \nan inventor seeking a combination patent had to show \n\"synergism,\" a surprising result from the combination. \nBut the u.s. Court of Appeals for the Federal Circuit \nruled that the term \"combination\" has no legal effect, \nbecause most inventions combine and build on existing \ntechnology. Today there are no special rules for com\nbination patents. 6. Patents. A union ofelements in an \ninvention that work together cooperatively to perform \na useful function; the opposite of an aggregation. Cf. \nAGGREGATION. \nexhausted combination. See old combination. \nold combination. A combination in which an element \nworks in a different way but performs the same \nfunction as the corresponding element in a previ\nously patented combination . The new element may \nbe patentable but the combination may not be. Also \ntermed exhausted combination. Patents C:::> \n26(1.1).] \ncombination in restraint oftrade. Antitrust. An express \nor tacit agreement between two or more persons or \nentities designed to raise prices, reduce output, or \ncreate a monopoly. -Also termed combine. [Cases: \nAntitrust and Trade Regulation (:=>537.] \ncombination patent. See PATENT (3). \ncombine (kom-bm), n. See COMBINATION IN RESTRAINT \nOF TRADE. \ncombined application. See TRADEMARK APPLICATION. \ncombined  8 and  15 affidavit. Trademarks. A sworn \nstatement that satisfies the requirements ofboth  8 and \n 15 ofthe Lanham Act. -Sometimes shortened to  8 \nand  15 affidavit. -Also termed combined  8 and  15 \ndeclaration. See DECLARATION OF INCONTESTABILITY; \n\nDECLARATION OF 'USE. [Cases: Trademarks \n1304.] \ncombustio domorum"}
{"text": "\n\nDECLARATION OF 'USE. [Cases: Trademarks \n1304.] \ncombustio domorum (bm-bus-tee-oh da-mor-am). \n[Latin \"houses burning\"] Hist. See HOUSEBURNING. \ncomes (koh-meez). [Latin] Hist. 1. A count or earl. 2. \nA person who is part of a high government official's \nretinue. PL comites. See COMITATUS. \ncomes and defends. Archaic. Traditionally, the standard \ncommencement of a defendant's plea or demurrer . \nThe phrase, now rarely used, announces the defendant's \nappearance in court and intent to defend against the \naction. \ncomes now. Archaic. Traditionally, the standard com\nmencement in pleadings <Comes now the plaintiff, \nGilbert Lewis, by and through his attorneys of record, \nand would show unto the court the following> . For a \nplural subject, the phrase is come now <Come now the \nplaintiffs, Bob and Louise Smith>. -Sometimes short\nened to comes <Comes the State ofTennessee>. -Also \ntermed now comes. \ncomfort letter. 1. Securities. A letter from a certified \npublic accountant certifying that no false or mislead\ning information has been used in preparing a financial \nstatement accompanying a securities offering . Such a \nletter usu. has limited effect because the CPA ordinarily \nattests to certain representations and warranties that \nthe issuer has authorized the CPA to rely on. -Also \ntermed cold-comfort letter. 2. Corporations. A letter, \nesp. from a parent corporation on behalf of a subsid\niary, stating its support (but short of a guarantee) for \nthe activities and commitments of another corpora\ntion. Also termed letter ofcomfort. \ncomfort opinion. See OPINION (2). \ncomingle, vb. See COMMINGLE. \ncomingling. See COMMINGLING. \ncoming-to-rest doctrine. Insurance. The principle that \ncoverage of shipped goods ends when the goods are \nunloaded and any cables or other links to the trans\nporting vehicle have been disconnected . The coming\nto-rest doctrine covers only the movement of goods \nfrom the shipping vehicle to a place of rest outside the \nvehicle, in contrast to the broader coverage of the com\nplete-operation rule. Cf. COMPLETE-OPERATION RULE. \n[Cases: Insurance (:::>2137(3),2681.] \ncomitas (kom-<l-t<ls). [Latin \"courtesy\"] See COMITY. \ncomitas gentium. See COMITY. \ncomitas legum (kom-<l-tas lee-gam). [Law Latin] Hist. \nComity oflaws. See COMITY. \ncomitatu commisso (kom-a-tay-t[y]oo b-mis-oh). \n[Latin \"county commission\"] Hist. A writ or commis\nsion authorizing a sheriff to take charge of a county. \ncomitatu et castro commisso (kom-a-tay-t[y]oo et \nkas-troh ka-mis-oh). [Latin \"county and castle com\nmission\"] Hist. A writ authorizing a sheriff to take \ncharge of a county and a castle. comitatus (kom-<l-tay-t<ls). [Latin] Hist. 1. A county or \nshire. See POSSE COMITATlTS. 2. The territorial iurisdic\ntion of a count or earL 3. A county court. 4. 'Ihe retinue \naccompanying a prince or high government official. \ncomites (kom-;l-teez). See COMES. \ncomites paleys (kom-a-teez-pa-lays). [Law French] lUst. \nCounts or earls palatine; those who exercise royal privi\nleges in a county palatine. See COUNTY PALATINE. \ncomitia (ka-mish-ee-a), n. [Latin \"assembly\"] Roman \nlaw. An assembly of the Roman people, gathered \ntogether for legislative or judicial purposes . Women \nwere excluded from participation. \ncomitia centuriata (ka-mish-ee-a sen-tyoor-ee-ay-ta). \n(often cap.) An assembly of the entire populace, voting \nby centuries (that is, military units) empowered to \nelect magistrates and to act as a court of appeal in a \ncapital matter. \n\"The Comitia Centuriata, said to have been originated by \nthe sixth King, Servius Tullius, included the whole Roman \npeople arranged in classes according to their wealth, so as \nto give the preponderating power to the richest. During the \nregal period it was a military organisation on the basis of \nproperty: under the Republic it became a legislative body, \nousting the Comitia Curiata.\" William A. Hunter, Introduc \ntion to Roman Law 16 (F.H. Lawson ed. 9th ed. 1934). \ncomitia curiata (ka-mish-ee-<l kyoor-ee-ay-ta). (often \ncap.) An assembly of (originally) patricians whose \nchief function was to authorize private acts of citizens, \nsuch as declaring wills and adoptions . The comitia \ncuriata engaged in little legislative activity. \n\"The oldest [of the four assemblies of the Roman people] \nwas the Comitia Curiata. In the regal period this assembly \nconsisted of the Populus Romanus in its thirty curies (or \nfamily groups): it could meet only by summons of the King; \nit merely accepted or rejected the proposals submitted \nby him, without the right of discussion or amendment; \nnor was any decision by it valid without the authorisation \nof the Senate. Under the Republic it rapidly fell into the \nbackground, though it formally eXisted, represented by \nthirty lictors, down into Imperial times: for the private law \nits main importance lay in its meetings under pontifical \npresidency to deal with matters of religious significance, \nsuch as ad rogations and wills.\" William A. Hunter, Introduc \ntion to Roman Law 15-16 (F.H. Lawson ed., 9th ed. 1934). \ncomitia tributa (ka-mish-ee-a tri-byoo-ta). (often cap.) \nAn assembly of tribes convened to elect lower-ranking \nofficials . The comilia tributa undertook a great deal \nof legislative activity in the later Roman republic. Cf. \nCONCILIUM PLEBIS. \n\"The Comitia Tributa was the assembly of the whole Roman \npeople in their tribes - a regional classification. In this \nassembly the influence of numbers predominated.\" William \nA. Hunter, Introduction to Roman Law 16 (F.H. Lawson ed., \n9th ed. 1934). \ncomity (kom-<l-tee). (16c) 1. A practice among politi\ncal entities (as nations, states, or courts of differ\nent jurisdictions), involving esp. mutual recognition \nof legislative, executive, and judicial acts. -Also \ntermed comitas gentium; courtoisie internationaie. See \nFEDERAL-COMITY DOCTRINE; J'UDICIAL COMITY. Cf. \nABSTENTION. \n'''Comity,' in the legal sense, is neither a matter of absolute \nobligation, on the one hand, nor of mere courtesy and \n\ngood will, upon the other. But it is the recognition which \none nation allows within its territory to the legislative, \nexecutive, or judicial acts of another nation, having due \nregard both to international duty and convenience, and to \nthe rights of its own citizens, or of other persons who are \nunder the protection of its laws.\" Hilton v. Guyot, 159 U.s. \n113,163-64,16 S.Ct. 139, 143 (1895). \n2. INTERNATIONAL LAW. This sense is considered a \nmisusage: \"[I]n Anglo-American jurisprudence, ... \nthe term is also misleadingly found to be used as a \nsynonym for international law.\" Peter MacaIister\nSmith, \"Comity,\" in 1 Encyclopedia ofPublic Interna\ntional Law 672 (1992). \nComity Clause. (1921) The clause of the U.S. Constitu\ntion giving citizens of one state the right to all privi\nleges and immunities enjoyed by citizens of the other \nstates. US. Const. art. IV,  2, d. 1. See PRIVILEGES \nAND IMMUNITIES CLAUSE. [Cases: Constitutional Law \n(;~:;)2935-2963.] \ncomm. abbr. COMMONWEALTH. \ncommand. (l4c) 1. An order; a directive. 2. In legal posi\ntivism, the sovereign's express desire that a person act \nor refrain from acting a certain way, combined with the \nthreat ofpunishment for failure to comply. \n\"Commands are orders backed by threats. It is in virtue of \nthreatened evils, sanctions, that expressions of desire not \nonly constitute commands but also impose an obligation \nor duty to act in the prescribed ways.\" Martin P. Golding, \nPhilosophy ofLaw 26 (1975). \ncommand, vb. To direct authoritatively; to order. \ncommander-in-chief. (l7c) 1. One who holds supreme \nor highest command ofarmed forces. [Cases: Armed \nServices C:::;,1,4.] 2. (cap.) The title of the US. President \nwhen acting as the constitutionally deSignated leader of \nthe nation's military. U.S. Const. art. II,  2. \nCommander in Chief Clause. The clause of the U.S. \nConstitution appointing the President as supreme com\nmander of the military. U.S. Const. art. II,  2, cl. 1. \n[Cases: Armed Services ~1,4.] \ncommandment. Hist. 1. An authoritative order of a \njudge or magisterial officer. 2. The offense ofinducing \nanother to commit a crime. \ncommand rape. See RAPE. \ncommencement. See INTRODUCTORY CLAUSE. \ncommencement ofinfringement. Copyright. The first \nofa series of discrete copyright violations, such as the \nfirst of many separate sales of infringing items. See \nINFRINGEMENT. [Cases: Copyrights and Intellectual \nProperty ~53(1).] \ncommend a (b-men-da). A business association in \nwhich one person has responsibility for managing all \nbusiness property. \ncommendam (ka-men-dam or -dam). 1. Hist. Eccles. law. \nA vacant benefice held by a clerk until a regular pastor \ncould be appointed. -Bishops and other dignitaries \nfound commendams to be lucrative sources ofincome. \nCommendams were abolished in England in 1836. See BENEFICE. 2. Partnership in commendam. See limited \npartnership under PARTNERSHIP. \ncommendation. Hist. The act of becoming a lord's feudal \ntenant to receive the lord's protection. \ncommendator (kom-,m-day-tar). Eccles. law. A person \nholding a commendam (a benefice) as a trustee . Com\nmendators are so called because benefices are com\nmended to their supervision. See COMMENDAM. \ncommendatus (kom-an-day-tas). Hist. A person who, \nby voluntary oath ofhomage, was placed under a lord's \nprotection. \ncomment, n. (14c) 1. NOTE (2). 2. An explanatory state\nment made by the drafters ofa particular statute, code \nsection, or rule. [Cases: Statutes ~211.1 commen\ntator, n. \ncommentators. See POSTGLOSSATORS. \ncommenter. One who comments; esp., one who sends \ncomments to an agency about a proposed administra\ntive rule or regulation. See NOTICE-AND-COMMENT \nPERIOD. [Cases: Administrative Law and Procedure \nC:::>394.J \ncomment letter. Securities. A letter prepared by an SEC \nexaminer to request additional information or describe \ndeficiencies in a filing, particularly a registration state\nment. \ncomment on the evidence. (I8c) A statement made to \nthe jury by the judge or by counsel on the probative \nvalue ofcertain evidence. Fed. R. Evid. 105. Lawyers \ntypically make such comments in closing argument, \nand judges may make such comments in federal court. \nBut most state-court judges are not permitted to do so \nwhen examining a witness, instructing the jury, and the \nlike (in which case the comment is sometimes termed \nan impermissible comment on the evidence). [Cases: \nCriminal Law ~2093; Federal Civil Procedure \n1968, 1973; Trial C:-;o29(2), 121.] \ncomment period. See NOTICE-AND-COMMENT PERIOD. \ncommerce. (16c) The exchange of goods and services, \nesp. on a large scale involVing transportation between \ncities, states, and nations. \ninternal commerce. See intrastate commerce. \ninternational commerce. Trade and other business \nactivities between nations. \ninterstate commerce. (1843) Trade and other business \nactivities between those located in different states; \nesp., traffic in goods and travel of people between \nstates. For purposes of this phrase, most statu\ntory definitions include a territory of the United \nStates as a state. Some statutory definitions of inter\nstate commerce include commerce between a foreign \ncountry and a state. -Also termed interstate trade. \n[Cases: Commerce ~5.l \nintrastate commerce. (1887) Commerce that begins and \nends entirely within the borders of a single state. \nAlso termed internal commerce. [Cases: Commerce \n\n305 commercial set \nCommerce Clause. (1868) U.S. Const. art. I,  8, cl. 3, \nwhich gives Congress the exclusive power to regulate \ncommerce among the states, with foreign nations, and \nwith Indian tribes. [Cases: Commerce ~10, 12.] \nDormant Commerce Clause. (1930) The constitutional \nprinciple that the Commerce Clause prevents state \nregulation of interstate commercial activity even \nwhen Congress has not acted under its Commerce \nClause power to regulate that activity. -Also termed \nNegative Commerce Clause. [Cases: Commerce \n10.] \nCommerce Court. See COURT. \ncommerce power. Congress's constitutionally conferred \npower to regulate trade between the states. [Cases: \nCommerce ~5.J \ncommercia belli (b-mar-shee-J bel-I). [Latin \"commerce \nofwar\"] Commercial dealings or contracts between \nnations at war, or between the subjects of nations at \nwar, under which arrangements for nonhostile dealings \nare made. \ncommercial acquiescence. See ACQUIESCENCE. \ncom"}
{"text": "nonhostile dealings \nare made. \ncommercial acquiescence. See ACQUIESCENCE. \ncommercial acre. Property. The amount of land left in \na subdivided acre after deducting the amount dedi\ncated to streets, sidewalks, utilities, etc . The area of \na commercial acre is always less than an actual acre. \nCf. ACRE. \ncommercial activity. See ACTIVITY (1). \ncommercial-activity exception. (1973) An exemption \nfrom the rule of sovereign immunity, permitting a \nclaim against a foreign state to be adjudicated in the \ncourts of another state ifthe claim arises from private \nacts undertaken by the foreign state, as opposed to \nthe state's public acts. See RESTRICTIVE PRINCIPLE OF \nSOVEREIGN IMMUNITY; JURE GESTIONIS; JURE IMPERII. \n[Cases: International Law C=~10.33.] \n.commercial agent. See AGENT (2). \ncommercial assets. See ASSET. \ncommercial bank. See BANK. \ncommercial bribery. See BRIBERY. \ncommercial broker. See BROKER. \ncommercial court. See COL'RT. \ncommercial credit company. See commercial finance \ncompany under FI:-;[ANCE COMPANY. \ncommercial crime. See CRIME. \ncommercial defamation. See trade defamation under \nDEFAMATION. \ncommercial disparagement. See TRADE DISPARAGE\nMENT. \ncommercial division. See business court under COURT. \ncommercial domicile. See DOMICILE. \ncommercial finance company. See FINANCE COMPANY. \ncommercial franchise. See FRANCHISE (4). \ncommercial frustration. See FRUSTRATION. commercial general-liability policy. See INSL'RANCE \nPOLICY. \ncommercial goodwill. See GOODWIl.L. \ncommercial impracticability. See IMPRACTICABILITY. \ncommercial insurance. See INSURANCE. \ncommercialized obscenity. See OBSCENITY. \ncommercial law. (18c) 1. The substantive law dealing \nwith the sale and distribution ofgoods, the financing \nofcredit transactions on the security ofthe goods sold, \nand negotiable instruments . Most American com\nmerciallaw is governed by the Uniform Commercial \nCode. Also termed mercantile law. \n\"Although the term commercia/law is not a term of art in \nAmerican law it has become synonymous in recent years \nwith the legal rules contained in the Uniform Commer\ncial Code.\" Jonathan A. Eddy & Peter Winship, Commercial \nTransactions 1 (1985). \n2. LAW MERCHANT. \ncommercial-law notice. See NOTICE. \ncommercial lease. See LEASE. \ncommercial letter ofcredit. See LETTER OF CREDIT. \ncommercial loan. See LOAN. \ncommercially reasonable, adj. (1922) (Of a property \nsale) conducted in good faith and in accordance with \ncommonly accepted commercial practice. Under \nthe UCC, a sale of collateral by a secured party must \nbe done in a commercially reasonable manner, or the \nobligor's liability for any deficiency may be reduced or \neliminated. See DCC  9-61O(b), 9-626. [Cases: Secured \nTransactions 240.] \ncommercially significant noninfringing use. Intellec\ntual property. The routine use of a product in a way \nthat does not infringe intellectual-property rights; \nthe judicial test for determining whether the sale of a \nproduct amounts to contributory infringement.  Ifthe \nproduct (such as a video recorder) can be used in a way \nthat does not infringe those rights (such as recording \na program in order to watch it at a later time), then its \nsale cannot be enjOined, or its manufacturer subjected \nto a court-imposed royalty. See Sony Corp. ofAm. v. \nUniversal City Studios, Inc., 464 U.S. 417, 442, 104 S.Ct. \n774 (1984) (Stevens, J.). Also termed Sony doctrine; \nsubstantial noninfringinguse. Cf. PRIMARY PL'RPOSE OR \nEFFECT. [Cases: Copyrights and Intellectual Property \nPatents ~259(1).] \ncommercial morality. Collectively, fair practices among \ncompetitors. -Commercial espionage is often cited by \ncourts as being below accepted standards ofcommer\ncial morality. \ncommercial name. See TRADENAME. \ncommercial paper. See PAPER. \ncommercial partnership. See trading partnership under \nPARTNERSHIP. \ncommercial set. 1. The primary documents covering \nshipment of goods, usu. including an invoice, bill of \n\n306 commercial signature \nlading, bill ofexchange, and certificate ofinsurance. 2. \nThe documents required under a letter ofcredit. \ncommercial signature. Trademarks. A trademark (as \ncommonly described). [Cases: Trademarks ~1021.] \ncommercial speech. See SPEECH. \ncommercial surety. See compensated surety under \nSURETY. \ncommercial tort claim. (1994) A claim arising in tort \nwhen the claimant is either (1) an organization, or (2) \nan individual whose claim arose in the course of the \nclaimant's business or profession, and the claim does \nnot inchlde damages arising out of personal injury or \ndeath. UCC  9-102(a)(13). -Typical commercial tort \nclaims are fraud and conversion. \ncommercial-traveler rule. Workers' compensation. The \nprinciple that an accident will be treated as occurring \nduring the course of employment ifit was caused by an \nemployee whose job requires travel, and the employee \nwas not on a personal errand. -The commercial-trav\neler rule is an exception to the gOing-and-coming rule. \nCf. GOING-AND-COMING RULE. [Cases: Workers' Com\npensation \ncommercial treaty. See TREATY (1). \ncommercial unit. (1960) A unit of goods that by com\nmercial usage is a Single whole for purposes of sale and \nwhose division materially impairs its character or value \nin the relevant market or in use. UCC  2-105(6). \nUnder the UCC, \"a commercial unit may be a single \narticle (as a machine) or a set of articles (as a suite of \nfurniture or an assortment of sizes) or a quantity (as a \nbale, gross, or carload) or any other unit treated in use \nor in the relevant market as a Single whole.\" rd. [Cases: \nSales 180(1).] \ncommercial use. See USE (1). \ncommettant (kom-iJ-tiJnt), n. 1. An employer. 2. The \nprincipal in an agency relationship. \ncomminatorium (kiJ-min-iJ-tor-ee-;)m). [Latin commi\nnari \"threaten\"] Hist. A clause often included at the end \nofa writ, admonishing the sheriff to be faithful in the \nwrit's execution. \ncommingle, vb. (k;)-ming-gal). (17c) 1. To put together (as \nfunds or property) into one mass, as by mixing together \na spouse's separate property with marital or community \nproperty, or mixing together the separate property of \nboth spouses. 2. (Of a fidUciary) to mix personal funds \nwith those of a beneficiary or client. -Also spelled \ncomingle. See COMMINGLING. Cf. TRACING. \ncommingling (ka-ming-gling), n. A mixing together; \nesp., a fiduciary's mixing ofpersonal funds with those \nof a beneficiary or client. -Commingling is usu. con\nsidered a breach of the fiduciary relationship. Under the \nModel Rules of Professional Conduct, a lawyer is pro\nhibited from commingling personal funds with those \nofa client. Commingling also occurs when a spouse has \nmixed his or her separate property with community \nproperty to such an extent that they cannot be sepa\nrated. Also spelled comingling. commissary (kom-i-ser-ee), n. (14c) 1. A person who \nis delegated or commissioned to perform some duty, \nusu. as a representative of a superior. 2. A general store, \nesp. on a military base. 3. A lunchroom. -commis\nsary, adj. \ncommissary court. See COURT. \ncommission, n. (l4c) 1. A warrant or authority, from \nthe government or a court, that empowers the person \nnamed to execute official acts <the student received \nhis commission to the U.S. Navy after graduation>. 2. \nThe authority under which a person transacts business \nfor another <the client gave her attorney express com\nmission to sign the contract>. 3. A body of persons \nacting under lawful authOrity to perform certain \npublic services <the Federal Communications Com\nmission>. \npublic-service commission. A commission created by a \nlegislature to regulate public utilities or public-service \ncorporations. [Cases: Public Utilities 0141.] \n4. The act of doing or perpetrating (as a crime) <the \nperpetrator fled to Mexico after commission of the \nassault>. 5. A fee paid to an agent or employee for a par\nticular transaction, usu. as a percentage of the money \nreceived from the transaction <a real-estate agent's \ncommission>. Brokers ~39-75; Labor and \nEmployment \ndouble commission. A commission obtained by a \nperson acting in dual roles, each of which gener\nates a commission, such as a person serving as both \nexecutor and trustee in an estate matter. -Double \ncommissions paid without proper authority or disclo\nsure may raise fidUciary-duty issues. See FIDUCIARY; \nfiduciary duty under DUTY (2). [Cases: Brokers ~ \n67(1); Executors and Administrators 0'495(0.5); \nTrusts C:::.>316(l).] \ncommissionaire. See AGENT. \ncommission broker. See BROKER. \ncom~ission day. English law. The opening day of the \nassizes. -On this day the commission that authorizes \nthe judge to act is publicly read. Also written com\nmission-day. \ncommission del credere (del kred-;)r-ay). (lSc) The com\nmission received by the seller's agent for guaranteeing \na buyer's debt. [Cases: Factors (::;:::'29.] \ncommissioned officer. See OFFICER (2). \ncommissioner. (15c) 1. A person who directs a commis\nsion; a member ofa commission. 2. The administrative \nhead of an organization, such as a professional sport. 3. \nSee judicial officer (3) under OFFICER. \nbail commissioner. See BAIL COMMISSIONER. \nCommissioner for Patents. The chief operating officer \nof the patents section of the U.S. Patent and Trade\nmark Office. -The commissioner is appOinted by the \nSecretary ofCommerce. \nCommissioner for Trademarks. The chief operating \nofficer ofthe trademarks section of the U.S. Patent and \n\n307 \nTrademark Office. -The commissioner is appointed \nby the Secretary ofCommerce. \ncommissioner in bankruptcy. English law. A com\nmissioner who is appointed by the Lord Chancellor \nand empowered to proceed in corporate-bankruptcy \ncases. \ncommissioner ofbail. See BAIL COMMISSIONER. \ncommissioner of circuit court. A court-appointed \nofficer who helps the circuit and district courts by \nperforming judicial and ministerial functions. \nCourt Commissioners (:::::: 1.] \ncommissiotler ofdeeds. An officer authorized by a state \nto take acknowledgments of deeds and other papers \nwhile residing in another state. -The acknowledg\nments are recognized in the state that licensed the \ncommissioner. Cf. NOTARY PUBLlC. [Cases: Acknowl\nedgment \ncommissioner ofhighways. A public officer responsible \nfor overseeing the construction, alteration, and repair \nofhighways. (Cases: Highways (::::::93.] \ncommissioner ofpartition. An equity-court-appointed \nofficer who is empowered to examine a request for \npartition and recommend an action to the court, or to \nmake the partition and report the act to the court. \nCommissioner of Patents and Trademarks. See \nDIRECTOR OF THE UNITED STATES PATENT AND \nTRADEMARK OFFICE. \ncommissioner ofwoods andforests. Hist. An officer \nwho, by an 1817 Act ofPariiament, assumed the juris\ndiction of the Chief Justice of the Forest. \ncounty commissioner. A county officer charged usu. \nwith the management ofthe county's financial affairs, \nits police regulations, and its corporate business. \nAlso termed county supervisor. (Cases: Counties \n38.] \ncourt commissioner. An officer appointed by the court \nesp. to hear and report facts, or to conduct judicial \nsales. [Cases: Court Commissioners \njury commissioner. An officer responsible for drawing \nand summoning the panels of potential jurors in a \ngiven county. [Cases: Jury~59.1 \npublic commissioner. See PROSECUTOR (1). \ntown commissioner. A member ofthe board ofadmin\nistrative officers charged with managing the town's \nbusiness. [Cases: Towns~26.1 \nUnited States Commissioner. Hist. A judicial officer \nappointed by a u.s. district court to hear a variety of \npretrial matters in criminal cases. -Commission\ners' duties have been transferred to U.S. Magistrate \nJudges. Cf. UNITED STATES MAGISTRATE JUDGE. \ncommissioner's court. See COURT. \ncommission government. A type of municipal govern\nment in which the legislative power is in the hands of \na few people. \ncommission merchant. See FACTOR (2). Commission of Oyer and Terminer \ncommission ofappraisement and sale. Maritime law. A \ncourt order requiring the sale ofproperty in an in-rem \nadmiralty action. [Cases: Admiralty~99.] \ncommission of assize. Hist. A royal authorization \nempowering a person to hold court and try cases \narising while the justices in eyre held court elsewhere. \nCf. EYRE. \n\"[Bloth the presentment of crimes and the conduct of \ntrials by assize or jury which rapidly became a common \nfeature of royal justice required the presence of twelve \nor more men from the vicinity where"}
{"text": "by assize or jury which rapidly became a common \nfeature of royal justice required the presence of twelve \nor more men from the vicinity where the matter in question \noccurred.... The means of achieving this reconciliation \nwas the frequent issue of commissions to perform judicial \nfunctions in the country .... [A)ssize commissioners had \noriginal jurisdiction to hear a case from beginning to \nend .... But the assizes. though moulded into a regular \nroutine, never became a distinct 'court' in the permanent \nsense. The jurisdiction of the judges rested entirely on \nthe commissions which issued for each circuit: the judges \ncould therefore be regularly interchanged, and after 1340 it \nwas quite normal for a Common Plea case to be tried at nisi \nprius by a King's Bench judge, and vice versa.\" J.H. Baker, \nAn Introduction to English Legal History 67 (3d ed. 1990). \ncommission ofcharitable uses. Hist. An authorization \nissuing out of the Court of Chancery to a bishop or \nother person authorizing the appointee to investigate \nallegations offraud or other disputed matters concern\ning charitable land grants. \ncommission ofdelegates. Hist. A commission appoint\ning a person (usu. a lord, bishop, or judge) to sit with \nseveral other appointees to hear an appeal ofan eccle\nsiastical judgment in the Court of Chancery. -This \ncommission was abolished in 1832, and its functions \ntransferred to the Judicial Committee of the Privy \nCouncil. \nCommission ofFine Arts. An independent federal com\nmission that advises the President, Congress, and gov\nernmental agencies on the design of public buildings, \nmemorials, and parks in the nation's capital so as to \ncomplement historic structures and districts. -The \ncommission was created in 19lO. \nCommission of Gaol Delivery. Hist. A royal appoint\nment authorizing a judge to go on the assize circuit \nand hear all criminal cases of those held in county \njails. See JAIL DELIVERY. Cf. COMMISSION OF OYER AND \nTERMINER. \ncommission oflieutenancy. Hist. A commission issued \nto send officers into every county to establish military \norder over the inhabitants. _ 'Ibis commission super\nseded the former commission ofarray, which provided \nthe same powers. The commissions became obsolete \nwith the establishment ofthe militia system. \ncommission oflunacy. See DE LUNATICO INQUIRENDO. \nCommission ofOyer and Terminer (oY-dr an[d] t~r-md\nndr). [Law French oyer et terminer \"to hear and deter\nmine\"] Hist. A royal appointment authorizing a judge \n(often a serjeant-at-law) to go on the assize circuit and \nhear felony and treason cases. Cf. COMMISSION OF GAOL \nDELIVERY; COURT OF OYER AND TERMINER. \n\"[UJnder the commission of Oyer and Terminer, as the \njudges are directed to inquire as well as to hear and \n\ndetermine the same, they can only proceed upon an indict \nment found at the same assize, and before themselves; \nfor they must first inquire by means of the grand jury or \ninquest, before they are empowered to hear and determine \nby the intervention of the petit jury.\" 1 Joseph Chitty, A \nPractical Treatise on the Criminal Law 142 (2d ed. 1826). \ncommission ofpartition. An authorization appointing \na person to sit with several other appointees for the \npurpose of dividing land held by tenants in common \nwho desire a partition. [Cases: Partition \ncommission ofrebellion. Hisi. An attaching process that \nempowered a layperson to arrest and bring a defendant \nto Chancery to enforce obedience to a writ ofsubpoena \nor decree . The commission of rebellion was abolished \nin 1841. -Also termed writ of rebellion; commissio \nrebellionis; breve rebellion is. \n\"Commission of rebellion (Commissio rebellionis) is other \nwise called a writte of rebellion, (breve reiJellionis) and it \nhath use, when a man after proclamation made by the \nShyreeve upon an order of the channcerie, or court of \nStarre chamber, under penaltie of his allegance, to present \nhimselfe to the court by a certaine day, appeareth not. And \nthis commission is directed by way of command to certain \npersons, to this end, that they ... apprehend, or cause to \nbe apprehended, the party as a rebell and contemner of the \nkings lawes.\" John Cowell, The Interpreter (1607). \ncommission of review. Hist. In England, an authoriza\ntion sometimes granted in an extraordinary case to \nreview a judgment of the Court of Delegates. The \ncommission of review is no longer used because the \nPrivy Council was substituted for the Court of Del\negates as the appellate court in ecclesiastical cases in \n1832. See COURT OF DELEGATES. \ncommission of the peace. Hist. An appointment of a \nperson to keep the peace (Le., provide police protec\ntion) on a 10calleveI.  Over time the recipients of these \ncommissions began to acquire judicial responsibilities, \nand became known as justices ofthe peace. \ncommission of unlivery (.:m-liv-..r-ee). Hist. A court \norder requiring the unloading ofgoods from a ship so \nthat they may be appraised. \nCommission on Civil Rights. See UNITED STATES COM\nMISSION ON CIVIL RIGHTS. \ncommission plan. (1919) A form of municipal govern\nment whereby both legislative and executive power is \nvested in a small group of elected officials . Today, \ncommission plans are used in a few cities. [Cases: \nMunicipal Corporations \ncommission to examine a witness. A judicial commis\nsion directing that a witness beyond the court's terri\ntorial jurisdiction be deposed. -The commission usu. \nidentifies the person to be deposed, when and where \nthe deposition will be taken, and any other information \nthat will help the commissioner to perform. -Also \ntermed commission to take a deposition; commission to \ntake testimony. Cf. LETTER OF REQUEST. [Cases: Pretrial \nProcedure C=::,66, 96, \ncommission to take a deposition. See COMMISSION TO \nEXAMINE A WITNESS. commission to take testimony. See COMMISSION TO \nEXAMINE A WITNESS. \ncommissio rebellion is. See COMMISSION OF REBELLION. \ncommissive waste. See WASTE (1). \ncommissoria lex. See LEX COMMISSORIA. \ncommit, vb. 1. To perpetrate (a crime). 2. To send (a \nperson) to prison or to a mental health facility, esp. by \ncourt order. 3. Parliamentary law. REFER. \ncommitment, n. (14c) 1. An agreement to do something \nin the future. esp. to assume a financial obligation <the \nshipper made a firm commitment to deliver the goods>. \n2. The act ofentrusting or giving in charge <commit\nment of money to the bank>. 3. The act ofconfining a \nperson in a prison, mental hospital, or other institution \n<commitment of the felon to prison>. [Cases: Mental \nHealth C=31-37; Sentencing and Punishment (;:::462, \n463.]4. The order directing an officer to take a person to \na penal or mental institution; MITTIMUS (1) <the judge \nsigned the commitment after ruling that it was in the \nbest interest ofthe troubled teen>. \ncivil commitment. See CIVIL COMMITTMENT (1). \ndiagnostic commitment. Pretrial or presentencing con\nfinement of an individual, usu. to determine the indi\nvidual's competency to stand trial or to determine the \nappropriate sentence to be rendered. [Cases: Mental \nHealth C=434.] \ndiscretionary commitment. A commitment that a \njudge mayor may not grant, depending on whether \nthe government has proved usu. by clear and con\nvincing evidence -that the commitment is necessary \nfor the well-being of the defendant or society (as when \nthe defendant is insane and dangerous) . Most states \nallow discretionary commitment. \nmandatory commitment. (1985) An automatically \nrequired commitment for a defendant found not \nguilty by reason of insanity. -'TIlis type of com\nmitment is required under federal law, but in \nminority ofstates. [Cases: Mental Health \nnew court commitment. The confinement in prison ofa \nperson who is being admitted on a new conviction \nthat is, someone who is not being returned to prison \nfor a parole violation. \nvoluntary commitment. A commitment of a person \nwho is ill, incompetent, drug-addicted, or the like, \nupon the request or with the consent of the person \nbeing committed. \ncommitment document. An order remanding a defen\ndant to prison in order to carry out a judgment and \nsentence. \ncommitment fee. An amount paid to a lender by a poten\ntial borrower for the lender's promise to lend money at \na stipulated rate and within a speCified time . Com\nmitment fees are common in real estate transactions. \nSee LOAN COMMITMENT. \ncommitment letter. 1. A lender's written offer to grant a \nmortgage loan. -The letter generally outlines the loan \n\n309 \namount, the interest rate, and other terms. -Also \ntermed letter ofcommitment. [Cases: Mortgages C= \n211.] 2. LETTER OF INTENT. \ncommitment warrant. See warrant of commitment \nunder WARRANT (1). \ncommittee. 1. (k;J-mit-ee). A subordinate group to which \na deliberative assembly or other organization refers \nbusiness for consideration, investigation, oversight, or \naction <the bill was sent to legislative committee>. \n\"One of the outstanding characteristics of membership \norganizations the world over is the powerful role played \nby committees in setting policy and in carrying out their \nobjectives. The Congress, state legislatures, business \nassociations, and countless clubs and societies have tra\nditionally conducted their work through committees of \ntheir members.\" Lewis Deschler, Deschler's Rules ofOrder \n 103, at 189 (1976). \nad hoc committee. See special committee. \narrangements committee. A committee charged with \norganizing the physical space in which a deliberative \nassembly meets. \naudit committee. A committee appointed by the board \nofan organization, esp. a corporation, to oversee the \nfinancial reporting process, select an independent \nauditor, and receive the audit . Ideally, a committee \nmember is financially literate and wholly indepen\ndent, having no financial interest (direct or indirect) \nin the company, no executive position, and no familial \nrelationship with any member ofthe company's man\nagement or a major shareholder. [Cases: Corporations \nC=320(5).] \ncommittee of one. A committee with only one \nmember. \ncommittee ofthe whole. A special committee that com\nprises all the deliberative assembly's members who \nare present.  A deliberative assembly may resolve \nitself into a committee ofthe whole so that it can take \nadvantage of the greater procedural flexibility that a \ncommittee enjoys, usu. presided over by some chair \nother than the assembly's regular chair. Cf. quasi com\nmittee ofthe whole. [Cases: States C=32.] \ncommittee on conference. See conference committee. \ncommittee with full power. See committee with power. \ncommittee with power. A committee to whom the \nreferring body has delegated the necessary authority \nfor acting on the business referred, usu. without need \nfor a prior report to the referring body. -Also termed \ncommittee with full power. \nconference committee. A joint meeting of two legisla\ntive committees, one from each house ofa bicameral \nlegislature, usu. charged with adjusting differences in \na bill passed by both houses in different versions. \nAlso termed committee on conference. See CONFER\nENCE (2). [Cases: States C=34.] \n\"A committee on conference from each of the two houses \nmeeting together is not a joint committee but a joint \nmeeting of two committees. The quorum of a committee \non conference is a majority of the members of each com \nmittee. In voting in a conference committee, the committee committee \nof each house votes separately. The committee on confer\nence from each house submits its report to the house from \nwhich it was appointed. The report, upon being received, \nmay be treated like other reports, except that the report \nof a conference committee is usually given a higher pre\ncedence. Under no condition, including suspension of the \nrules, may the house alter or amend the report of the com\nmittee, but must adopt or refuse to adopt the report in the \nform submitted.\" National Conference of State Legislatures, \nMason's Manual of Legislative Procedure  770, at 558-59 \n(2000). \ncongressional committee. A committee ofthe House of \nRepresentatives, a committee of the Senate, or a joint \ncommittee. [Cases: United States C=23.] \ncredentials committee. A committee charged with \npreparing a roster of delegates entitled to be seated, \nexamining contested claims to such entitlement, and \npreparing and issuing credentials to the delegates who \nappear so entitled. See CREDENTIAL. \nexecutive committee. The committee of principal \nofficers and directors who directly manage an orga\nnization's affairs between board meetings. [Cases: \nCorporations C=299.] \njoint committee. A legislative committee composed of \nmembers ofboth houses ofa legislature. \nlegislative committee. A group oflegislators appointed \nto help a legislature conduct its business, esp. by pro\nviding careful consideration of proposals for new \nlegislation within a particular field so that the entire \nbody can handle its work efficiently without wasting \ntime and effort on unmeritorious submissions. [Cases: \nStates C=34.] \nmembership committee. A committee charged with \nrecruiting and keeping members and getting them \ninvolved. \nnominating committee. A committee charged with \nidentifying (and perhaps recruiting) and recommend\ning a suitable candidate or candidates for election by a \ndeliberative assembly. -Also termed screening com\nmittee. [Cases: Elections C=134.] \nordinary committee. A committee other than a com\nmittee of the whole. \nparent committee. A committee that refers business to \na subcommittee . The parent committee is so called \nonly when considered in relation to the subcommit\ntee. See subcommittee. \npermanent committee. See standing committee. \nplatform committee. A committee charged with \ndeveloping a comprehensive statement of an orga\nnization's, usu. a political party's, public policies and \nprinciples. \nprogram committee. The committee"}
{"text": "a\nnization's, usu. a political party's, public policies and \nprinciples. \nprogram committee. The committee that .olans a con\nvention's program, usu. including both its formal \nbusiness and its educational and social events. \nquasi committee of the whole. A committee of the \nwhole over which the deliberative assembly's regular \nchair presides. \nreference committee. See resolutions committee. \n\nresolutions committee. A committee charged with \nscreening the original main motions offered for a \nconvention's consideration. -Also termed reference \ncommittee; screening committee. [Cases: Elections (:::::J \n132.] \nrules committee. A committee charged with drafting \nrules and an agenda for the orderly conduct ofa delib\nerative assembly's business, particularly that ofa leg\nislative body or a convention. \nscreening committee. 1. See nominating committee. 2. \nSee resolutions committee. \nsearch committee. A committee charged with finding \na suitable choice from several options, such as candi\ndates for employment or places for a meeting. \nselect committee. See special committee. \nspecial committee. A committee established for a par\nticular purpose or a limited time. A legislature \nwill ordinarily establish a special committee for a \nnonlegislative purpose, such as writing memorials, \nprocuring chaplains, determining the qualifications \nof members, and settling election disputes. -Also \ntermed ad hoc committee; select committee; temporary \ncommittee. [Cases: States (:::::J34.] \nstanding committee. A committee that is established for \nongoing business, that continues to exist from session \nto session, and that is usu. charged with considering \nbusiness of a certain recurring kind. A legislature \nwill ordinarily establish a standing committee con\ncerned with a specific field oflegislation. A legislative \nstanding committee usu. considers basic questions of \nlegislative policy, holds hearings on legislation, elimi\nnates unwanted bills, and prepares favored measures \nfor passage. -Also termed permanent committee. \n[Cases: United States (:::::J23.] \nsubcommittee. A group within a committee to which \nthe committee may refer business, standing in the \nsame relation to its parent committee as the com\nmittee stands to the deliberative assembly. See parent \ncommittee. \ntellers committee. A committee that helps the chair \nadminister an election or other vote by handing out \nand picking up ballots if necessary, counting the votes \nor canvassing the ballots, and reporting the result to \nthe chair for announcement. See CANVASS (2). \ntemporary committee. See special committee. \n2. (k;:lm-i-tee) A person who is civilly committed, usu. \nto a psychiatric hospital <the board determined that the \ncommittee was dangerous and should not be released>. \n[Cases: Mental Health (:::::J 36.] 3. (bm-i-tee) The \nguardian for the person so committed <the patient's \nlawyer objected to the appointment ofthe committee>. \n[Cases: Mental Health (:::::J 116.] \ncommittee amendment. See AMENDMENT (3). \ncommittee jurisdiction. See CHARGE (8). \ncommittee report. See REPORT (1). \ncommittee substitute. See clean bill under BILL (3). \ncommitting magistrate. See MAGISTRATE. \ncommittitur (b-mit-;:l-t;:lr). [Latin \"he is committed\"] \nArchaic. An order or minute stating that the person \nnamed in it is to be committed to the custody of the \nsheriff. \ncommittitur piece. Hist. An instrument used to civilly \ncharge a debtor already in prison, esp. by the plaintiff \nwho had brought about the debtor's imprisonment . \nThe committitur piece was rendered obsolete by the \n1869 Debtors Act, which abolished imprisonment for \ndebt. \ncommixtio (b-miks-tee-oh), n. [Latin \"mixture\"] \nRoman law. A mixture of separable (Le. dry or solid) \nitems belonging to different owners, the resulting \nmixture being held in common or divided in pro\nportion to the shares contributed. See CONFUSION OF \nGOODS. Cf. CONFUSIO (1). \ncommodatary (k;:l-mohd-;:l-tair-ee). [fro Latin commoda\ntarius] Roman & civil law. A bailee in a commodatum; \nborrower. \ncommodate (kom-;:l-dayt), n. See COMMODATUM. \ncommodati actio (kom-;:l-day-tI ak-shee-oh). See actio \ncommodati under ACTIO. \ncommodator (kom-;:l-day-t;:lr), n. Roman & civil law. A \nlender or bailor. \ncommodatum (kom-;:l-day-t;:lm), n. (17c) [Latin com\nmodare \"to lend\"] Roman & civil law. The gratuitous \nlending ofgoods to be used by the borrower and then \nreturned undamaged to the lender . This arrangement \nis for the sole benefit of the borrower. It is one of three \ntypes of contracts for permissive use, the other two \nbeing locatio conductio and mutuum. -Also termed \naccommodatum; commodate. PI. commodata. \n\"Commodatum was loan for use, the borrower being \nrequired to return the identical res. This contract was \ngratuitous, being usually for a limited time and a specific \npurpose. The borrower must use the greatest care in \nlooking after the res but has not to answer for loss occa \nsioned by fire or accident beyond his control, provided that \nthere was no fault. If, however, the res was put to a use \nforeign to the terms of the agreement, strict liability might \nfollow, e.g., if the res was wrongfully taken on a journey \nand lost through attack by enemies or shipwreck.\" G.w. \nPaton, Bailment in the Common Law49-50 (1952). \ncommodity. 1. An article of trade or commerce . The \nterm embraces only tangible goods, such as products \nor merchandise, as distinguished from services. 2. An \neconomic good, esp. a raw material or an agricultural \nproduct. [Cases: Commodity Futures Trading Regula\ntion (:::::J 7.] \ncommodity-backed bond. See BOND (3). \nCommodity Credit Corporation. A federally chartered \ncorporation responsible for extending credit in order \nto stabilize farm income and prices . Incorporated in \nDelaware in 1933 and operated in affiliation with the \nReconstruction Finance Corporation, it was transferred \nto the U.S. Department of Agriculture in 1939 and \nchartered in 1948 as a federal corporation. 15 USCA \n 714. -Abbr. CCc. [Cases: Agriculture (:::::J3.5(l).] \n\n311 \nCommodity Futures Trading Commission. A five\nmember federal commission that regulates trading in \nfutures and options contracts and monitors the activi\nties of commodity-exchange members, brokerage \nhouses, commission-registered salespeople, and others \nassociated with the industry . The commission began \noperating in April 1975. 7 USCA  2(a)(2). -Abbr. \nCFTC. [Cases: Commodity Futures Trading Regula\ntion (;-51-61.] \ncommodity loan. See LOAN. \ncommodity option. See OPTION. \ncommodity paper. See PAPER. \ncommon, n: 1. A legal right to use another person's \nproperty, such as an easement. See PROFIT A \nPRENDRE. \ncommon appendant (;}-pen-dant). Hist. A tenant's right \nto graze animals on the landowner's land as a result \noflongstanding practice. See profit appendant under \nPROFIT \n\"The ... common appendant is founded on prescription, \nand is regularly annexed to arable land .... The tenant \nwas limited to such beasts as were levant and couchant \non his estate, because such cattle only were wanting to \nplough and manure his land. It was deemed an incident \nto a grant of land, as of common right, and to enable the \ntenant to use his plough land.\" 3 James Kent, Commentar\nies on American Law *404 (George Comstock ed., 11th ed. \n1866). \ncommon appurtenant (;J-par-t;}-n;}nt). Hist. A land\nowner's right to graze animals on another's land as \na result of a written grant relating to the ownership \nor occupancy ofland. See profit appurtenant under \nPROFIT (2). \n\"Common appurtenant may be affixed to any kind of \nland. It allowed the owner to put in other beasts than \nsuch as plough or manure the land; and, not being founded \non necessity, like the other rights, ... was not favored in \nthe law.\" 3 James Kent, Commentaries on American Law \n*404 (George Comstock ed., 11th ed. 1866). \ncommon in gross. Hist. A right to graze animals on \nanother's land as a result of a written grant unrelated \nto ownership or occupancy of land. -Also termed \ncommon at large. See profit in gross under PROFIT (2). \ncommon in the soil. Hist. The right to dig and take away \nearth from another's land. -Also termed common \nofdigging. \ncommon ofestovers (e-stoh-v;}rz). Hist. A tenant's right \nto take necessary supplies, esp. wood, from the lord's \nestate; the right to estovers. See ESTOVERS (1). \ncommon offishery. See common ofpiscary. \ncommon ofpasture. Hist. A right to pasture one's cattle \non another's land . The common ofpasture may be \nappendant, appurtenant, or in gross. \ncommon ofpiscary (pis-k;}-ree). Hist. A right to fish \nin waters on another's land. -Often shortened to \npiscary. Also termed common offishery. \ncommon ofshack. Hist. The right ofpeople occupying \nland in a common field to release their cattle to graze \nafter harvest. common-authority rule \ncommon ofturbary (t~r-ba-ree). Hist. The right to dig \nturf (for use as fuel in a house) from another's land. \ncommon without stint. flist. A right to graze an unlim\" \nited number ofcattle. \n2. A tract ofland set aside for the general public's use. \n[Cases: Common Lands 01.] \ncommonable, adj. (17c) 1. (Of an animal) allowed to \ngraze on common land. 2. (Ofland) capable of being \nheld in common. \ncommon adventure. See ADVENTURE. \ncommon agent. See AGENT (2). \ncommonality test. The requirement that members of \na group certified as a class in a class-action suit share \nat least one issue oflaw or fact whose resolution will \naffect all or a Significant number of the putative class \nmembers. Cf. COMMON-CHARACTER REQUIREMENT. \n[Cases: Federal Civil Procedure 0165; Parties \n35.17,35.61-35.89.] \ncommon ancestor. See ANCESTOR. \ncommon and notorious thief. See common thief under \nTHIEF. \ncommon appendant. See COMMON. \ncommon appurtenant. See COMMON. \ncommon area. 1. Landlord-tenant law. The realty \nthat all tenants may use though the landlord retains \ncontrol over and responsibility for it. [Cases: Landlord \nand Tenant 123.] 2. An area owned and used in \ncommon by the residents of a condominium, subdi\nvision, or planned-unit development. Also termed \ncommon elements. [Cases: Common Lands Con\ndominium 06.] \ncommon-area maintenance charges. Fees paid by \ntenants, usu. on a pro rata basis, to compensate the \nlandlord for the costs of operating, repairing, and \nmaintaining common areas. Such costs include \nthose incurred for cleaning, lighting, and repairs. -\nAbbr. CAMs. -Also termed common-area operating \nexpenses. \ncommon-area operating expenses. See COMMON-AREA \nMAINTENANCE CHARGES. \ncommon assault. 1. See ASSAULT (1).2. See ASSAULT (2). \ncommon assumpsit. See general assumpsit under \nASSUMPSIT. \ncommon assurance. See MUNIMENT OF TITLE. \ncommon at large. See common in gross under COMMON. \ncommon-authority rule. The principle that a person may \nconsent to a police officer's search of another person's \nproperty ifboth persons use, control. or have access to \nthe property . Under this rule, the consenting person \nmust have been legally able to permit the search in his \nor her own right, and the defendant must have assumed \nthe risk that a fellow occupant might permit a search. \nSee U.S. v. Matlock, 415 U.S. 164, 171 n.7, 94 S.Ct. 988, \n993 n.7 (1974). See THIRD-PARTY CONSENT. [Cases: \nSearches and Seizures 0173.1.] \n\ncommon bail. See bail common under BAIL (4). \ncommon bar. See BLANK BAR. \nCommon Bench. Hist. The former name of the English \nCourt of Common Pleas. The court was so called \nbecause it was the forum for the common people, that \nis, for cases between two or more subjects when the \nCrown had no interest. -Abbr. C.B. \ncommon-bond doctrine. The rule that prospective \nmembers ofa credit union must share some connection \n(such as common employment) other than a desire to \ncreate a credit union. [Cases: Building and Loan Asso\nciations ~6.] \ncommon business purpose. Related activity by two or \nmore associated businesses . Ifone of the businesses \ncomes within the jurisdiction of the Fair Labor Stan\ndards Act, then another business that shares a common \nbusiness purpose will also. \ncommon calling. 1. An ordinary occupation that a \ncitizen has a right to pursue under the Privileges and \nImmunities Clause. [Cases: Constitutional Law ~ \n2953.] 2. A commercial enterprise that offers services \nto the general public, with a legal duty to serve anyone \nwho requests the services . For example, an innkeeper \nor a common carrier engages in a common calling. \n\"It was only in a very few cases indeed that a person was \nunder a legal obligation to enter into a contract; virtually \nthe only example of such an obligation in fact was the \nperson exercising a 'common calling' such as the innkeeper \nand the common carrier who were (subject to certain safe \nguards) legally bound to contract with any member of the \npublic who"}
{"text": "\nand the common carrier who were (subject to certain safe \nguards) legally bound to contract with any member of the \npublic who required their services.\" P.S. Atiyah, An Introduc \ntion to the Law of Contract 8 (3d ed. 1981). \ncommon carrier. See CARRIER. \ncommon cause. See common plea (1) under PLEA (3). \ncommon-character requirement. (1997) The rule that \nfor a group of persons to qualify as a class in a class\naction lawsuit, the appointment of the class must \nachieve economies of time, effort, and expense, and \nmust promote uniformity ofdecision for persons simi\nlarly situated, in addition to sharing common questions \noffact and law. Cf. COMMONALITY TEST. [Cases: Parties \n~35.17.] \ncommon chase. See CHASE. \ncommon cost. See indirect cost under COST (1). \ncommon council. See COUNCIL. \ncommon count. See COUNT. \ncommon day. See DAY. \ncommon debtor. See DEBTOR. \ncommon-defeasance bond. See penal bond under BOND \n(2). \ncommon descriptive name. See GENERIC NAME. \ncommon design. (17c) 1. The intention by two or more \npeople to join in committing an unlawful act. [Cases: \nCriminal Law ~59(4).] 2. An intention to commit \nmore than one crime. 3. The general design or layout \nofplots ofland surrounding a particular tract. -Also \ntermed common scheme; common plan. See ZONING. common diligence. See due diligence (1) and ordinary \ndiligence under DILIGENCE (2). \ncommon disaster. (1878) An event that causes two or \nmore persons with related property interests (such as \nan insured and the beneficiary) to die at very nearly the \nsame time, with no way ofdetermining who died first. \nSee UNIFORM SIMULTANEOUS DEATH ACT; COMMORI\nENTES. [Cases: Death ~5; Insurance ~3485.] \ncommon-disaster clause. (1949) A provision in a dis\npositive instrument, such as an insurance policy or a \nwill, that seeks to cover the situation in which the trans\nferor and transferee die in a common disaster. [Cases: \nInsurance ~3485; Wills ~543.] \ncommon duty ofcare. (1887) A landowner's obligation \nto take reasonable care under the circumstances to see \nthat a lawful visitor will be reasonably safe in using \nthe premises for the purposes for which the visitor is \npermitted to be there. \ncommon easement. See EASEMENT. \ncommon elements. See COMMON AREA (2). \ncommon-employment doctrine. See FELLOW-SERVANT \nRULE. \ncommon-enemy doctrine. (1905) Property. The rule \nthat a landowner may repel surface waters as neces\nsary (as during a flood), without having to consider \nthe consequences to other landowners . The doctrine \ntakes its name from the idea that the floodwater is every \nlandowner's common enemy. [Cases: Waters and Water \nCourses ~116-119.] \ncommon enterprise. See JOINT ENTERPRISE. \ncommoner. (17c) 1. ErE. An ordinary citizen; one not a \npeer. 2. Archaic. A member ofthe House ofCommons. \n3. Archaic. A common lawyer. 4. Archaic. A person \nhaving a right ofcommon -that is, a right to pasture \non a lord's land. 5. A person who shares a right in \ncommon. \ncommon error. (1897) Copyright. A mistake found both \nin a copyrighted work and in an allegedly infringing \nwork, the mistake being persuasive evidence of unau\nthorized copying. [Cases: Copyrights and Intellectual \nProperty ~83(3.1).] \ncommon external tariff. See TARIFF (2). \ncommon fine. See FINE (4). \ncommon fishery. See FISHERY (2). \ncommon-fund doctrine. The principle that a litigant \nwho creates, discovers, increases, or preserves a fund \nto which others also have a claim is entitled to recover \nlitigation costs and attorney's fees from that fund. \nAlso termed equitable-fund doctrine. [Cases: Attorney \nand Client ~155.] \ncommon gambler. 1. One who owns or is employed by \na gambling establishment; a bookmaker. 2. A profes\nsional gambler.  A person who gambles but not cus\ntomarily, habitually, or frequently, and who does not \nrely on gambling for a liVing, is considered a casual \n\n313 \ngambler, not a common gambler. [Cases: Gaming \n78.] \ncommon heritage of mankind. Int' flaw. The parts of \nthe earth and cosmos that can be said to belong to all \nhumanity, without regard for geographic location, \nand that should be protected and administered for \nits benefit. -The term embraces the ocean floor and \nits subsoil, and outer space. Also termed common \nheritage ofhumankind. \ncommon highway. See HIGHWAY. \ncommon informer. (18c) A person who sues to recover \na penalty in a penal action. _ In some jurisdictions, \nsuch an action may be instituted either by the attorney \ngeneral on behalf ofthe state or by a common informer. \nSee INFORMER; penal action under ACTION (4). \ncommon in gross. See COMMON. \ncommon intendment. See INTENDMENT. \ncommon-interest doctrine. See joint-defense privilege \nunder PRIVILEGE b). \ncommon-interest exception. See jOint-defense privilege \nunder PRIVILEGE (3). \ncommon-interest privilege. See jOint-defense privilege \nunder PRIVILEGE (3). \ncommon in the soil. See COMMON. \ncommon jury. See petit jury under JURY. \ncommon knowledge. (I7c) A fact that is so widely known \nthat a court may accept it as true without proof. See \nJUDICIAL NOTICE. [Cases: Criminal Law 304; \nEvidence (;:::>5.] \ncommon-knowledge exception. (1929) The principle that \nlay testimony concerning routine or simple medical \nprocedures is admissible to establish negligence in a \nmedical-malpractice action. _ This is a narrow excep\ntion in some jurisdictions to the rule that a medical\nmalpractice plaintiff must present expert testimony to \nestablish negligence. (Cases: Health C'::)821(4).j \ncommon law, n. [fro Law French commen ley \"common \nlaw\"] (14c) 1. The body oflaw derived from judicial \ndecisions, rather than from statutes or constitutions; \nCASELAW <federal common law>. Cf. STATUTORY LAW. \n[Cases: Common Law \n\"Historically, [the common law] is made quite differently \nfrom the Continental code. The code precedes judg \nments; the common law follows them. The code articu\nlates in chapters, sections, and paragraphs the rules in \naccordance with which judgments are given. The common \nlaw on the other hand is inarticulate until it is expressed \nin ajudgment. Where the code governs, it is the judge's \nduty to ascertain the law from the words which the code \nuses. Where the common law governs, the judge, in what \nis now the forgotten past, decided the case in accordance \nwith morality and custom and later judges followed his \ndecision. They did not do so by construing the words of \nhis judgment. They looked for the reason which had made \nhim decide the case the way he did, the ratio decidendi as it \ncame to be called. Thus it was the principle of the case, not \nthe words, which went into the common law. So historically \nthe common law is much less fettering than a code.\" Patrick \nDevlin, The Judge 177 (1979). common law \nfederal common law. (1855) The body of decisional law \nderived from federal courts when adjudicating federal \nquestions and other matters offederal concern, such \nas disputes between the states and foreign relations, \nbut excluding all cases governed by state law. _ An \nexample is the nonstatutory law applying to inter\nstate streams ofcommerce. [Cases: Federal Courts \n<>:;374.] \n\"Notwithstanding Erie, the federal common law still lives \nin a number of areas. In some, such as admiralty, ... the \npower to create common law has been inferred from a \nconstitutional or statutory grant ofjurisdiction, where a \nfederal common law has appeared necessary to accomplish \nthe purposes of the grant. In other cases, on more or less \npersuasive evidence, the [Supreme] Court has inferred \nimplicit damage remedies on behalf of injured parties from \nfederal statutes imposing duties for their protection, or has \nfound an implicit congressional delegation of authority to \nmake common law, as in actions on collective-bargaining \nagreements affecting commerce under the Taft-Hartley \nAct,  301.\" David P. Currie, Federa/jurisdiction in a Nutshell \n226 (3d ed. 1990). \ngeneralfederal common law. (1890) Hist. In the period \nbefore Erie v. Tompkins (304 U.S. 64, 58 S.Ct. 817 \n(1938, the judge-made law developed by federal \ncourts in deciding disputes in diversity-of-citizenship \ncases. -Since Erie, a federal court has been bound to \napply the substantive law of the state in which it sits. \nSo even though there is a \"federal common law,\" there \nis no longer a general federal common law applicable \nto all disputes heard in federal court. (Cases: Federal \nCourts ~373, 374.] \n2. The body of law based on the English legal system, \nas distinct from a civil-law system; the general Anglo\nAmerican system of legal concepts, together with the \ntechniques of applying them, that form the basis ofthe \nlaw in jurisdictions where the system applies <all states \nexcept Louisiana have the common law as their legal \nsystem>. Cf. CIVIL LAW (1). \nAmerican common law. 1. The body of English law \nthat was adopted as the law ofthe American colonies \nand supplemented with local enactments and judg\nments. 2. The body ofjudge -made law that developed \nduring and after the United States' colonial period, \nesp. since independence. Also termed AnglO-Amer\nican common law. [Cases: Common Law (;:::>1.] \n\"Every country has its common law. Ours is composed \npartly of the common law of England and partly of our \nown usages. When our ancestors emigrated from England, \nthey took with them such of the English principles as were \nconvenient for the situation in which they were about to \nplace themselves. It required time and experience to ascer\ntain how much of the English law would be SUitable to \nthis country. By degrees, as circumstances demanded, we \nadopted the English usages, or substituted others better \nsuited to our wants, until at length, before the time of the \nRevolution, we had formed a system of our own, founded \nin general on the English Constitution, but not without \nconsiderable variations.\" Guardians of the Poor v. Greene, \n5 Binn. 554, 557 (Pa. 1813). \n3. General law common to the country as a whole, as \nopposed to special law that has only local application \n<the issue is whether the common law trumps our juris\ndiction's local rules>. Also termed jus commune. \n\n314 common-law action \n\"In its historical origin the term common law (jus commune) \nwas identical in meaning with the term general law .... \nThe jus commune was the general law of the land -the \nlex terrae -as opposed to jus speciale. Bya process of \nhistorical development, however, the common law has now \nbecome, not the entire general law, but only the residue \nof that law after deducting equity and statute law. It is no \nlonger possible, therefore, to use the expression common \nlaw and general law as synonymous.\" John Salmond, Juris\nprudence 97 (Glanville L. Williams ed., 10th ed. 1947). \n\"[Ilt is necessary to dispose briefly of a problem of nomen\nclature. European equivalents of the expression 'common \nlaw' have been used, especially in Germany, to describe \nan emergent system of national law, based on the Roman \nmodel, that came into existence before national parlia\nments undertook to enact laws for the nation as a whole. \nIn this use, 'the common law' (gemeines Recht) was used \nto distinguish the commonly shared tradition of Roman law \nfrom local statutes and customs.\" Lon L. Fuller, Anatomy \nof the Law 133 (1968). \n4. The body oflaw deriving from law courts as opposed \nto those sitting in equity <a mortgage founded in \ncommon law>. The common law of England was \none of the three main historical sources of English \nlaw. The other two were legislation and equity. The \ncommon law evolved from custom and was the body \noflaw created by and administered by the king's courts. \nEquity developed to overcome the occasional rigidity \nand unfairness ofthe common law. Originally the king \nhimself granted or denied petitions in equity; later the \ntask fell to the chancellor, and later still to the Court \nof Chancery. \ncommon-law action. See ACTION (4). \ncommon-law assignment. See ASSIGNMENT (2). \ncommon-law bond. See BOND (2). \ncommon-law cheat. See CHEATING. \ncommon-law contempt. See criminal contempt under \nCONTEMPT. \ncommon-law copyright. See COPYRIGHT. \ncommon-law corporation. See corporation by prescrip\ntion under CORPORATION. \ncommon-law crime. See CRIME. \ncommon-law dedication. See DEDICATION. \ncommon-law extortion. See EXTORTION (1). \ncommon-law fraud. See promissory fraud under FRAUD. \ncommon-law husband. See HUSBAND. \ncommon-law jurisdiction. See JURISDICTION. \ncommon-law lawyer. (19c) A lawyer who is versed in or \npractices under a common-law system. -Also termed \ncommon lawyer (16c). \ncommon-law lien. See LIEN. \ncommon-law malice. See actual malice (2) under \nMALICE. \ncommon-law marriage. See MARRIAGE (1). \ncommon-law mortgage. See deed oftrust under DEED. \ncommon-law pleading. See PLEADING (2). common-law-property state. See COMMON-LAW STATE \n(2). \ncommon-law rule. (17c) 1. A judge-made rule as opposed \n"}
{"text": "W STATE \n(2). \ncommon-law rule. (17c) 1. A judge-made rule as opposed \nto a statutory one. [Cases: Common Law (;=> 1.] 2. A \nlegal as opposed to an equitable rule. 3. A general rule \nas opposed to one deriving from special law (such as \na local custom or a rule of foreign law that, based on \nchoice-of-Iaw principles, is applied in place ofdomestic \nlaw). 4. An old rule ofEnglish law. \ncommon-law seal. See SEAL (1). \ncommon-law specialty. See contract under seal under \nCONTRACT; SPECIALTY (1). \ncommon-law state. (1848) 1. NONCODE STATE. 2. Any \nstate that has not adopted a community-property \nregime . The chief difference today between a com\nmunity-property state and a common-law state is that \nin a common-law state, a spouse's interest in property \nheld by the other spouse does not vest until (1) a divorce \naction has been filed, or (2) the other spouse has died. \nCf. COMMUNITY-PROPERTY STATE. \ncommon-law trust. See business trust under TRUST (4). \ncommon-law wife. See WIFE. \ncommon lawyer. See COMMON-LAW LAWYER. \ncommon market. See MARKET. \nCommon Market. The European Economic Commu\nnity. Common Market is a colloquial term -not a \nformal deSignation. See EUROPEAN UNION. \ncommon mistake. See mutual mistake (2) under \nMISTAKE. \ncommon money bond. See BOND (2). \ncommon-nucleus-of-operative-fact test. (1966) The \ndoctrine that a federal court will have pendent juris\ndiction over state-law claims that arise from the same \nfacts as the federal claims providing a basis for sub\nject-matter jurisdiction . One purpose of this test is \nto promote judicial economy. [Cases: Federal Courts \n(;=> 14.1.] \n\"The modern doctrine of pendent jurisdiction, as \nannounced by the Supreme Court in United Mine Workers \nv. Gibbs (1966), is much broader. ... Pendent jurisdiction, \nthe Court said, existed whenever 'the state and federal \nclaims ... derive from a common nucleus of operative \nfact,' and when considerations of judicial economy dictate \nhaving a single trial.\" David P. Currie, Federal Jurisdiction \nin a Nutshell 1 06 (3d ed. 1990). \ncommon nuisance. See public nuisance under NUI\nSANCE. \ncommon occupant. See general occupant under occu\nPANT. \ncommon of digging. See common in the soil under \nCOMMON. \ncommon ofestovers. See COMMON. \ncommon of fishery. See common of piscary under \nCOMMON. \ncommon ofpasture. See COMMON. \ncommon ofpiscary. See COMMON. \n\n315 \ncommon of shack. See COMMON. \ncommon ofturbary. See COMMON. \ncommon order. See conditional judgment under JUDG\nMENT. \ncommon parliamentary law. See PARLIAMENTARY LAW. \ncommon plan. See COMMON DESIGN. \ncommon plea. See PLEA (3). \nCommon Pleas, Court of. See COURT OF COMMON \nPLEAS. \ncommon property. See PROPERTY. \ncommon recovery. Hist. An elaborate proceeding, full \noflegal fictions, by which a tenant in tail disentailed \na fee-tail estate . The action facilitated land transfer \nby allowing a potential transferee who was barred \nby law from receiving land to \"recover\" the land by \nsuing the actual owner. Common recoveries, which \nwere abolished early in the 19th century, were orig\ninally concocted by the clergy as a way to avoid the \nland-conveyance restrictions imposed by mortmain \nacts. -Also termed feigned recovery. See MORTMAIN \nSTATUTE. Cf. CESSIO IN J\"GREj praecipe quod reddat \nunder PRAECIPE. \n\"Here's how [the common recoveryl worked. S, with the \nconnivance of A, would bring a real action against A \nclaiming falsely that he, B, owned the land and demanding \nrecovery of it. A responded by claiming, just as falsely, that \nhe had acquired the land from C and that C had warranted \ntitle to the land. When A demanded of C, also an accom \nplice of A, that he defend the title, C admitted falsely that \nhe had, indeed, warranted the title. C allowed B to take a \ndefault judgment against A for the recovery of the land, \nand allowed A to obtain a default judgment against himself, \nC, for the recovery of land of equal value. The result of this \nfancy feudal footwork was to leave B with title to the land \nin fee simple and to leave A with his judgment against C. \nThe judgment against C was viewed by the court as an \nadequate substitute for the entailed land. But when it came \ntime for 0 or A's lineal heirs to enforce the judgment, it \nwould transpire that C had been selected by A because he \nhad no land at all! (Why else would C have played along?) \nDid the court have any suspicion that A, B, and C were col\nluding? Of course they did but how else, in the face of De \nDonis, could they unshackle land from the chains of the fee \ntail?\" Thomas F. Bergin &Paul G. Haskell, Preface to Estates \nin Land and Future Interests 31-32 (2d ed. 1984). \ncommon-return days. See dies communes in banco (1) \nunder DIES. \ncommon rule ex parte. Hist. A court-docket entry \nreflecting that the case would be decided by a majority \nvote and would proceed even ifa notified party did not \nappear. See Billington v. Sprague, 22 Me. 34 (1842). \ncommon scheme. See COMMON DESIGN. \ncommon school. See public school under SCHOOL. \ncommon scold. See SCOLD. \ncommon serjeant. A judicial officer, appointed by the \nCity of London, who helps the recorder in criminal \ntrials. \ncommon-situs picketing. See PICKETING. \ncommon-source doctrine. (1938) The principle that a \ndefendant in a trespass-to-try-title action who claims commorant \nunder a source common to both the defendant and the \nplaintiff may not demonstrate title in a third source that \nis paramount to the common source because doing so \namounts to an attack on the source under which the \ndefendant claims title. [Cases: Trespass to Try Title \ncommon stock. See STOCK. \ncommon-stock equivalent. A security that is exchange\nable for common stock, and thus is considered to be the \nsame as common stock . Common-stock equivalents \ninclude certain types of convertible securities, stock \noptions, and warrants. \ncommon-stock fund. See M\"GTUAL FUND. \ncommon-stock ratio. The relationship of outstanding \ncommon stock to the corporation's total capitaliza\ntion. The common-stock ratio measures the relative \nclaims ofstockholders to earnings (earnings per share \nand payout ratio), cash flow (cash flow per share), and \nequity (book value per share). Cf. PAYOUT RATIO. \ncommon substitution. See St:BSTITlJTION (4). \ncommon suit. See common plea (1) under PLEA (3). \ncommon tenancy. See tenancy in common under \nTENANCY. \ncommon thief. See THIEF. \ncommon traverse. See TRAVERSE. \ncommon trust fund. See TRUST FUND. \ncommon venture. See common adventure under ADVEN\nTURE. \ncommon wall. See party wall under WALL. \ncommonweal (kom-an-weel). The general welfare; the \ncommon good. \ncommonwealth. (15c) 1. A nation, state, or other politi\ncal unit <the Commonwealth ofPennsylvania>. [Cases: \nStates C=>1.] 2. A political unit that has local autonomy \nbut is voluntarily united with the United States <Puerto \nRico and the Northern Mariana Islands are common\nwealths>. Cf. DEPENDENCY (1); INSULAR AREA; TER\nRITORY (2). 3. A loose association of countries that \nrecognize one sovereign <the British Commonwealth>. \n In this context, in Great Britain, the term British \nhas been dropped from British Commonwealth; BrE \nspeakers refer simply to the Commonwealth. Abbr. \nCommw.; comm. 4. The central (federal) power in Aus\ntralia. -Abbr. (in sense 4) Cwth. \ncommonwealth attorney. A prosecutor in some jurisdic\ntions, such as Virginia. \ncommonwealth court. See COURT. \ncommon without stint. See COMMON. \ncommorancy (kom-a-ran-see). 1. Temporary residency. \n2. English law. Permanent residency in a certain place. \ncommorant (kom-a-rant). 1. A person who dwells in a \nplace temporarily. 2. English law. A person who resides \npermanently in a certain place. \n\n316 commorientes \ncommorientes (ka-mor-ee-en-teez). (18c) [fro Latin com\nmorior \"to die together\"]l. (pl.) Persons who die at the \nsame time, often of the same cause, such as spouses \nwho die in an accident. [Cases: Death 2. Civil \nlaw. The rule establishing presumptions of survivorship \nfor purposes ofsuccession regarding such persons. See \nsimultaneous death under DEATH; UNIFORM SIMULTA\nNEOUS DEATH ACT. \ncommotion. See CIVIL COMMOTION. \ncommune (kom-yoon), n. (17c) A community ofpeople \nwho share property and responsibilities. \ncommune/orum (k;:l-myoo-nee for-;:lm). [Latin \"common \nplace ofjustice\"] Hist. The seat ofthe principal English \ncourts, esp. those that do not go on circuit. \ncommune placitum (k;:l-myoo-nee plas-<l-t<lm). [Latin \n\"common plea\"] Hist. A common plea between persons, \nas opposed to a plea of the Crown (Le., a criminal \naction). PI. communia placito. \ncommune vinculum (ka-myoo-nee ving-kyo-Iam). [Latin \n\"common bond \"] Hist. A relationship or tie between \npersons; esp., the bond between lord and tenant, or the \nrelationship between blood relatives. \ncommunia (ka-myoo-nee-a). [Latin] Hist. Things owned \nin common, such as running water, the air, and the \nsea. \ncommunia placita non tenenda in scaccario (k<l-myoo\nnee-<l plas-<l-td non ta-nen-d<l in sk<l-kair-ee-oh). [Law \nLatin \"common pleas are not held in the Exchequer\"] \nHist. A writ directed to the Treasurer and Barons of \nthe Exchequer, forbidding them from holding pleas \nbetween common persons, Le., pleas in which the \nCrown was not a party. \ncommunia precepta (k;:l-myoo-nee-<l pree-sep-t;:l). \n[Latin] Hist. Common precepts; common rules. \ncommunibus annis (k;:l-myoo-ni-b;:ls an-is). [Latin] Hist. \nOn the average ofyears; on the annual average. \n\"[TJhe money arising from corn rents communibus \nannis, almost double to the rents in money.\" 2 \nWilliam Blackstone, Commentaries on the Laws ofEngland \n322 (1766). \ncommunication. (14c) 1. The expression or exchange of \ninformation by speech, writing, gestures, or conduct; \nthe process of bringing an idea to another's perception. \n2. The information so expressed or exchanged. \nconditionally privileged communication. (1889) A \ndefamatory statement made in good faith by a person \nwith an interest in a subject to someone who also has \nan interest in the subject, as an employer giving a \nnegative but accurate job review ofa former employee \nto a potential future employer. -The privilege may \nbe lost upon a shOWing ofmalice or bad faith. [Cases: \nLibel and Slander ~40.] \nconfidential communication. (18c) A communica\ntion made within a certain protected relationship \nand legally protected from compelled disclosure in a \nlegal proceeding. -Among confidential communica\ntions are those between husband and wife, attorney and client, and priest and penitent. See PRIVILEGE (3). \n[Cases: Privileged Communications and Confidenti\nality 60, 100,403.] \nex parte communication. (1804) A communica\ntion between counsel and the court when opposing \ncounsel is not present. -Such communications are \nordinarily prohibited. Federal Civil Procedure \nG-~1969; Trial \nprivileged communication. (1809) A communication \nthat is protected by law from compelled disclosure \nin a legal proceeding, or that cannot be used against \nthe person who made it. - include an infor\nmant's communication to a government agency and \nstatements made in a legislative session by a legisla\ntor. See PRIVILEGE (3). [Cases: Privileged Commu\nnications and Confidentialitv 1, 374; States \n28(2).] , \ncommunication right. Copyright. The power of a copy\nright owner to authorize or prohibit the transmission \nof a work to the public by way of interactive on-demand \nsystems such as the Internet. _ This right is included in \nthe WIPO Copyright Treaty and the European Com\nmission's Directive on the Information Society. [Cases: \nCopyrights and Intellectual Property ~36.1 \ncommunicative evidence. See testimonial evidence \nunder EVIDENCE. \ncommuni consensu (b-myoo-nr k;:ln-sen-s[y]oo). [Latin) \nBy common consent. \ncommuni dividundo. See actio de communi dividundo \nunder ACTIO. \ncommunings (b-myoo-nings), n. Scots law. Contract \nnegotiations. \ncommunio bonorum (kd-myoo-nee-oh b;:l-nor-;:lm). \n[Latin \"community of goods\"] Civil law. Commonly \nowned goods, esp. those held in common by a husband \nand wife. PI. communiones bonorum. \ncommunis error (ka-myoo-nis e-ror). [Latin] Scots law. \nA common error; esp., a long-standing error in practice \nthat the court would uphold even though the practice \nhas no legal basis. -Also termed communis errorfacet \njus. \ncommunism. (19c) 1."}
{"text": "has no legal basis. -Also termed communis errorfacet \njus. \ncommunism. (19c) 1. A political doctrine, based on \nMarxism, advocating the abolition of capitalism by \nground-roots revolution; specif., a social and political \ndoctrine advocating the abolition of private ownership \nin favor of common ownership ofthe means ofproduc\ntion and the goods produced, each person contribut\ning as able and receiving as needed. Cf. CAPiTALISM. 2. \nTotalitarian government. \ncommunis opinio (k<l-myoo-nis ;:l-pin-ee-oh). [Latin \n\"common opinion\"] Hist. A generally accepted belief \nabout a point oflaw. -Ifheld unanimously by those \nlearned in the law, this common belief had the force of \nlaw in classical Rome. \n\"Communis opinio is evidence of what the law is, not \nwhere it is an opinion merely speculative and theoretical, \nfloating in the minds of persons, but where it has been \nmade the ground-work and substratum of practice.\" 1 \n\n317 \nAlexander M. Burrill, A Law Dictionary and Glossary 330 \n(2d ed. 1867) (quoting Lord Ellenborough). \ncommunis opinio doctorum (ka-myoo-nis a-pin-ee-oh \ndok-tor-<lml. [Latin \"learned common opinion\"] Hist. \nScholarly agreement on points ofRoman law, collected \nby the glossators ofJustinian's texts in the later Middle \nAges. \ncommunis paries (k<l-myoo-nis par-ee-eez). [Latin \n\"common wall\"] Civil law. See party wall under WALL. \nPI. communes parietes. \ncommunis patria (ka-myoo-nis pay-tree-a). [Law Latin] \nHist. The cQmmon country; a place deemed home to \nall. \n\"Under the old diligence of apprising, directed against heri \ntable rights, the messenger executing the diligence held \nhis court in the head borough of the shire where the lands \nlay, but afterwards it became the practice to hold these \ncourts in Edinburgh as communis patria to all Scotland.\" \nJohn Trayner, Trayner's Latin Maxims 86 (4th ed. 1894). \ncommunis scriptura (ka-myoo-nis skrip-t[y]oor-akam\nmyoo-nas-skrip-tyuur-a). [Latin \"common writing\"] \nHist. See CHIROGRAPH. \ncommunis stipes (b-myoo-nis str-peez). [Latin \n\"common trunk\"] Hist. A common ancestor. \ncommunitization (ka-myoo-na-ta-zay-shan), n. Oil & \ngas. The aggregating of small tracts sufficient for the \ngranting of a well permit under applicable well-spacing \nrules; POOLING. Cf. UNITIZATION. [Cases: Mines and \nMinerals C=>92.78.] communitize (ka-myoo-na\ntIZ), vb. \ncommuuity. (14c) 1. A neighborhood, vicinity, or \nlocality. 2. A society or group of people with similar \nrights or interests. 3. Joint ownership, possession, or \nparticipation. \ncommuuityaccount. See ACCOUNT. \ncommunity control. A criminal sentence whose terms \n. include intensive and strict supervision ofan offender \nin the community, as by restricting the offender's \nmovements and activities and conducting electronic \nsurveillance, and providing severe sanctions for viola\ntions ofany ofthe sentence's terms. [Cases: Sentencing \nand Punishment 1800, 1811.J \ncommunity correctional center. See JAIL. \ncommunity debt. See DEBT. \nCommunity Development Financial Institution Fund. \nA fund in the U.S. Department ofthe Treasury created \nto expand available credit, investment capital, and \nfinancial services in distressed urban and rural com\nmunities. -Abbr. CDFI Fund. \ncommunity estate. In a community-property state, \nthe total of the assets and debts making up a married \ncouple's property owned in common. Cf. COMMUNITY \nPROPERTY. [Cases: Husband and Wife C=>249-260, \n268.] \ncommunity grant. See GRANT. \ncommunity lease. See LEASE. community property \nCommunity mark. See Community trademark under \nTRADEMARK. \ncommunity-notification law. See MEGAN'S LAW. \ncommunity obligation. See OBLIGATION. \ncommunity of interest. (17c) 1. Participation in a joint \nventure characterized by shared liability and shared \nopportunity for profit. See JOINT VENTURE. [Cases: \nJoint Adventures C=> 1.2(7).] 2. A common grievance \nthat must be shared by all class members to maintain \nthe class action. See CLASS ACTION. [Cases: Federal \nCivil Procedure 165; Parties C::;)35.17.] 3. Labor \nlaw. A criterion used by the National Labor Relations \nBoard in deciding whether a group of employees should \nbe allowed to act as a bargaining unit. The Board \nconsiders whether the employees have similar duties, \nwages, hours, benefits, skills, training, supervision, and \nworking conditions. See BARGAINING UNIT. \nLabor and Employment C=> 1173.] \ncommunity ofprofits. The right of partners to share in \nthe partnership's profits. \nCommunity patent. See PATENT (J). \nCommunity Patent Convention. A 1975 treaty that, for \npatent purposes, treats the European Union as a single \nstate and allows a patent applicant to obtain patent \nprotection in all European Union nations through a \nSingle blanket filing and examination procedure . \nIfthe application is approved, the European Patent \nOffice issues a single Community patent. The treaty's \nfull name is the Convention for the European Patent \nfor the Common Market. \ncommunity policing. (1969) A law-enforcement tech\nnique in which police officers are assigned to a particu\nlar neighborhood or area to develop relationships with \nthe residents for the purpose ofenhancing the chances \nofdetecting and thwarting criminal activity. \ncommunity property. (1820) Assets owned in common \nby husband and wife as a result of its having been \nacquired during the marriage by means other than an \ninheritance or a gift to one spouse, each spouse gen\nerally holding a one-half interest in the property . \nOnly nine states have community-property systems: \nArizona, California, Idaho, Louisiana, Nevada, New \nMexico, Texas, Washington, and Wisconsin. See \nmarital property under PROPERTY; TITLE DIVISION. \nCf. COMMUNITY ESTATE; SEPARATE PROPERTY. \nHusband and Wife C=>249-260.] \nquasi-community property. Personal property that, \nhaving been acquired in a non-community-prop\nerty state, would have been community property if \nacquired in a community-property state . Ifa com\nmunity-property state is the forum for a divorce or \nadministration of a decedent's estate, state law may \nallow the court to treat quasi-community property \nas ifit were community property when it determines \nthe spouses' interests. [Cases: Husband and Wife \n246,249-260.] \n\n318 community-property state \ncommunity-property state. (1907) A state in which \nspouses hold property that is acquired during marriage \n(other than property acquired by inheritance or indi\nvidual gift) as community property. See COMMU\nNITY PROPERTY. Cf. COMMON-LAW STATE (2). [Cases: \nHusband and Wife \ncommunity service. Socially valuable work performed \nwithout pay . Community service is often required \nas part of a criminal sentence, esp. one that does not \ninclude incarceration. lCases: Sentencing and Punish\nment 1982.] \nCommu~ity trademark. See TRADEMARK. \nCommunity Trademark Treaty. A 1996 agreement \nallowing a trademark registrant to file a single appli\ncation with the European Trademark Office for trade\nmark protection in all European Union nations instead \noffiling a separate application in each country . The \ntrademark registrant does not have to be a citizen ofa \nmember nation to file an application. [Cases: Trade\nmarks C--1236.] \ncommunity trust. An agency organized to administer \nfunds placed in trust for public-health, educational, \nand other charitable purposes in perpetuity. \ncommutation (kom-ya-tay-sh;m), n. (15c) L An exchange \nor replacement. 2. Criminal law. The executive's substi\ntution in a particular case of a less severe punishment \nfor a more severe one that has already been judicially \nimposed on the defendant. Cf. PARDON; REPRIEVE. \n[Cases: Pardon and Parole 28.]  Commutation \nmay be based on the discovery of pertinent facts that \nwere not known or available when the sentenced was \ndecided, or that arose and were developed afterward. \nIt may also be based on the executive's statutorily or \nconstitutionally granted discretion, regardless of the \nfacts. Under  1-2.113 ofthe US DOr Manual, commu\ntation is rarely granted but may be considered for old \nage, illness, disparity, or undue severity ofsentence. 3. \nCommercial & civil law. The substitution of one form \nof payment for another. commute, vb. -commu\ntative, adj. \ncommutation of payments. Workers' compensation. A \nsubstitution of lump-sum compensation for periodic \npayments. Ihe lump sum is equal to the present value \nofthe future periodic payments. [Cases: Taxation \n2295.] \ncommutation oftaxes. A tax exemption resulting from a \ntaxpayer's paying either a lump sum or a specific sum in \nlieu of an ad valorem tax. [Cases: Taxation C:::o200.] \nCommutation of Tithes Act. Hist. An act of Parlia\nment that permitted tithes to be levied and collected \nin the form of cash rents rather than labor and goods \nin kind. \ncommutation tax. See TAX. \ncommutative contract. See CONTRACT. \ncommutative justice. See JUSTICE (1). \ncommuted value. See VALUE (2). \nCommw. abbr. COMMONWEALTH. compact (kom-pakt), n. (14c) An agreement or covenant \nbetween two or more parties, esp. between govern\nments or states. \nfamily compact. An agreement to further common \ninterests made between related people or within \na group that behaves as a family. _ Historically, \nsome international treaties among nations ruled by \nmonarchs have been called family compacts because \nofintermarriage among the royal houses. \ninterstate compact. (1903) A voluntary agreement \nbetween states enacted into law in the participating \nstates upon federal congressional approval. Cf. I)lTER\nSTATE AGREEMENT. [Cases: States C:::o6.] \nCompact Clause. (1925) U.S. Const. art. I,  10, cl. 3, \nwhich forbids a state from entering into a contract with \nanother state or a foreign country without congressio\nnal approval. [Cases: States G=6.] \ncompanion hill. See BILL (3). \ncompanionship services. Assistance provided to \nsomeone who needs help with personal matters such \nas bathing and dressing . This type of service (in \ncontrast to housecleaning) is exempt from the Federal \nLabor Standards Act's minimum-wage and overtime \nrequirements. \ncompany. (13c) 1. A corporation -Of, less commonly, \nan association, partnership, or union -that carries \non a commercial or industrial enterprise. 2. A corpo~ \nration, partnership, association, joint-stock company, \ntrust, fund, or organized group of persons, whether \nincorporated or not, and (in an official capacity) any \nreceiver, trustee in bankruptcy, or similar official, or \nliquidating agent, for any of the foregOing. Investment \nCompany Act  2(a)(8) (15 USCA  80a-2(a)(8)). -\nAbbr. CO.; com. \nbonding company. A company that insures a party \nagainst a loss caused by a third party. \ncontrolled company. A company that is under the \ncontrol of an individual, group, or corporation that \nowns most ofthe company's voting stock. Cf. subsid\niary corporation under CORPORATION. \ndead-and-buried company. A business that has dis\nsolved, leaving no assets. \ndeposit company. An institution whose business is the \nsafekeeping of securities or other valuables deposited \nin boxes or safes leased to the depositors. See DEPOSI\nTARY; DEPOSITORY. \ndevelopment-stage company. Securities. A company \nthat devotes substantially all of its efforts to establish\ning a new business in which the principal operations \neither have not yet begun or have begun but are not \ngenerating significant revenue. \ndiversified holding company. A holding company that \ncontrols several unrelated companies or businesses. \ndiversified investment company. An investment \ncompany that by law must invest 75% of its assets, \nbut may not invest more than 5% of its assets in any \n\n319 \none company or hold more than 10% of the voting \nshares in anyone company. \nface-amount certificate company. An investment \ncompany that is engaged or proposes to engage in \nthe business of issuing face-amount certificates of \nthe installment type, or that has been engaged in this \nbusiness and has such a certificate outstanding. See \ninvestment company. \ngrowth company. A company whose earnings have \nincreased at a rapid pace and that usu. difects a high \nproportion of income back into the business. \nguaranty company. See surety company. \nholding company. (1906) A company formed to control \nother companies, usu. confining its role to owning \nstock and supervising management. -It does not par\nticipate in making day-to-day business decisions in \nthose companies. [Cases: Corporations \ninvestment company. A company formed to acquire \nand manage a portfolio ofdiverse assets by investing \nmoney collected from different sources. -The Invest\nment Company Act of 1940 defines the term as an \nissuer of securities that (1) is, holds itself out to be, \nor proposes to be engaged primarily in the business \nof investing, reinvesting, or trading in securities; (2) \nis engaged or proposes to engage in the business of \nissuing face-amount certificates of the installment \ntype, or has been engaged in this business and has \nsuch a certificate outstanding; or (3) is engaged or \nproposes to engage in the business ofinvest"}
{"text": "this business and has \nsuch a certificate outstanding; or (3) is engaged or \nproposes to engage in the business ofinvesting, rein\nvesting, owning, holding, or trading in securities, \nand owns or proposes to acquire investment securi\nties having a value exceeding 40% ofthe value of the \nissuer's total assets (exclusive ofgovernment securities \nand cash items) on an unconsolidated basis. 15 USCA \n 80a-2(a)(16). Also termed investment trust. See \nREAL-ESTATE INVESTMENT TRUST; MUTUAL FUND. \n[Cases: Securities Regulation (::::>211-222.] \njoint-stock company. (18c) 1. An unincorporated asso\nciation of individuals possessing common capital, the \ncapital being contributed by the members and divided \ninto shares, ofwhich each member possesses a number \nof shares proportionate to the member's investment. \n[Cases: Joint-Stock Companies and Business Trusts \n1-24.] 2. A partnership in which the capital is \ndivided into shares that are transferable without the \nexpress consent ofthe partners. Also termed joint\nstock association; stock association. [Cases: Partner\nship (::::>224.] \n\"The joint stock association or company developed early \nin English company law, the term being used to distinguish \ncompanies which operated on a joint account and with a \n'joint stock' (in trade) of their members from companies \n(now obsolete) each member of whom traded on one's \nseparate account with one's own stock in trade.. , . In \nAmericanjurisdictions, the joint stock association is gener\nally an unincorporated business enterprise with ownership \ninterests represented by shares of stock.\" Henry G. Henn \n& John R. Alexander, Laws of Coypoyations  50, at 109 \n(3d ed. 1983). company \nlimited company. (1862) A company in which the lia\nbility of each shareholder is limited to the amount \nindividually invested. - A corporation is the most \ncommon example of a limited company. \nlimited-liability company. (1856) A company statu\ntorily authorized in certain states that is character\nized by limited liability, management by members or \nmanagers, and limitations on ownership transfer. \nAbbr. L.L.C. Also termed limited-liability corpora\ntion. [Cases; Limited Liability Companies (::::> 1-11.] \nmanagement company. Any investment company that \nis neither a face-amount certificate company nor a \nunit-investment trust. See investment company;face\namount certificate company; unit-investment trust \nunder TRUST. \nmutual company. A company that is owned by its \ncustomers rather than by a separate group of stock\nholders. _ Many insurance companies are mutual \ncompanies, as are many federal savings-and-Ioan \nassociations. See MUTUAL LNSURANCE COMPANY. \n[Cases: Building and Loan Associations (::::> 1; Cor\nporations (::::>3; Insurance \nparent company. See parent corporation under COR\nPORATION. \npersonal holding company. (1924) A holding company \nthat is subject to special taxes and that usu, has a \nlimited number of shareholders, with most of its \nrevenue originating from passive income such as divi\ndends, interest, rent, and royalties. [Cases: Internal \nRevenue (::::> 3850.1-3858, 4120.] \nrailroad company. See railroad corporation under COR\nPORATION. \nreporting company. A company that, because it issues \npublicly traded securities, must comply with the \nreporting requirements ofthe Securities Exchange Act \nof 1934. [Cases: Securities Regulation (;:::>35.23.] \nsafe-deposit company. See DEPOSITARY (1), \nshelfcompany. A company that is formed without a \nparticular purpose and may not actually operate until \nsome purpose for its existence arises, usu. when sold \nto a buyer. -After being formed, shelf companies are \nusu. allowed to age before being offered for sale. The \nbenefits of a shelf company to a buyer include time \nsaved by not having to form a company, the appear\nance of longevity, and easier access to credit. If the \ncompany is incorporated, it is also termed a shelfcor\nporation. \nsmall-business investment company. See SMALL-BUSI\nNESS INVESTMENT COMPANY. \nsurety company. A company authorized to engage in \nthe business ofentering into guaranty and suretyship \ncontracts and acting as a surety on bonds, esp. bail, \nfidelity, and judicial bonds. Also termed guaranty \ncompany. [Cases: Bail (::::>60; Principal and Surety \n(::::>52.] \ntitle company. (1892) A company that examines real\nestate titles for any encumbrances, claims, or other \n\n320 company-run dividend-reinvestment plan \nflaws, and issues title insurance. -Also termed \ntitle-guaranty company. See TITLE SEARCH. [Cases: \nAbstracts ofTitle (;::::>2.] \ntrust company. (1834) A company that acts as a \ntrustee for people and entities and that sometimes \nalso operates as a commercial bank. -Also termed \n(if incorporated) trust corporation. See TITLE (1), (2). \n[Cases: Banks and Banking (;::::>310-315.] \ncompany-run dividend-reinvestment plan. See DIVI\nDEND-REINVESTMENT PLAN. \ncompany's paper. See commercial paper under PAPER. \ncompany. union. See UNION. \ncomparable (kom-par-<:l-b<:ll), n. (19c) (usu. pl.) A piece of \nproperty used as a comparison to determine the value \nofa similar piece ofproperty. [Cases: Evidence (;::::> 113, \n142.] -comparable, adj. \ncomparable accommodation. A standard used for deter\nmining the maximum allowable rent in rent-regulated \nhousing. In applying this standard, a court reviews \nthe prevailing rent for substantially similar housing \nunits in the same area. \ncomparable-sales approach. See MARKET APPROACH. \ncomparables analysis. See MARKET APPROACH. \ncomparable worth. (1983) l. The analogous value that \ntwo or more employees bring to a business through \ntheir work. 2. The idea that employees who perform \nidentical work should receive identical pay, regardless \nof their sex; the doctrine that men and women who \nperform work ofequal value should receive comparable \npay. [Cases: Civil Rights (;::::> 1175; Labor and Employ\nment C=-2463.] \ncomparatio literarum (kom-p<:l-ray-shee-oh lit-<:l\nrair-<:lm). [Latin \"comparison of writings\"] Hist. The act \nofcomparing writings to ascertain authorship . Even \nunder Roman law, handwriting experts (comparatores) \nsometimes testified about a document's authenticity. \ncomparatist. A comparative-law scholar. \ncomparative advertising. See ADVERTISING. \ncomparative criminology. See CRIMINOLOGY. \ncomparative disparity. (1977) Constitutional law. The \npercentage ofunderrepresentation ofa particular group \namong potential jurors on a venire, in comparison \nwith the group's percentage ofthe general population. \n Comparative disparity is calculated by subtracting \na group's percentage of representation on the venire \nfrom the group's percentage ofthe population -that \nis, calculating the group's absolute-disparity represen\ntation -then dividing that percentage by the group's \npercentage-representation in the population, and \nmultiplying the result by 100. For example, ifAfrican\nAmericans make up 12% ofa county's population, and \n8% of the potential jurors on the venire, the absolute \ndisparity ofAfrican-Americans is 4%. And the com\nparative disparity is 33%, because 4 divided by 12 is \n.33, or 33%. Many courts criticize the comparative\ndisparity analysis, and favor an absolute-disparity analysis, because the comparative-disparity analysis \nis said to exaggerate the deviation. The reason for cal\nculating the disparity is to analyze a claim that the jury \nwas not impartial because it was not selected from a \npool of jurors that fairly represented the makeup of \nthe jurisdiction. See DUREN TEST; FAIR-CROSS-SECTION \nREQUIREMENT; STATISTICAL-DECISION THEORY. Cf. \nABSOLUTE DISPARITY. [Cases: Jury (;::::>33(1.1).] \ncomparative fault. See comparative negligence under \nNEGLIGENCE. \ncomparative history oflaw. See descriptive comparative \nlaw under COMPARATIVE LAW. \ncomparative-impairment test. (1974) Conflict oflaws. A \ntest that asks which oftwo or more forums would have \nits policies most impaired by not having its law applied \nin the case. [Cases: Action (;::::> 17.] \ncomparative interpretation. See INTERPRETATION. \ncomparative jurisprudence. See COMPARATIVE LAW. \ncomparative law. The scholarly study ofthe similarities \nand differences between the legal systems of different \njurisdictions, such as between civil-law and common\nlaw countries. -Also termed comparative jurispru\ndence. See INTERNATIONAL LAW. \n\"What is known as comparative jurisprudence -namely, \nthe study of the resemblances and differences between \ndifferent legal systems -is not a separate branch ofjuris\nprudence co-ordinate with the analytical, historical, and \nethical, but is merely a particular method of that science \nin all its branches. We compare English law with Roman law \neither for the purpose of analytical jurisprudence, in order \nthe better to comprehend the conceptions and principles \nof each of those systems; or for the purpose of historical \njurisprudence, in order that we may better understand the \ncourse of development of each system; or for the purpose \nof ethical jurisprudence, in order that we may better judge \nthe practical merits and demerits of each of them. Apart \nfrom such purposes the comparative study of law would \nbe merely futile.\" John Salmond, jurisprudence 7-8 n.(c) \n(Glanville L. Williams ed., 10th ed. 1947). \ndescriptive comparative law. The inventory of legal \nsystems (past and present) as a whole, as well as \nof individual rules that these systems establish for \nseveral categories of legal relations . Descriptive \ncomparative law is sometimes considered one of \nthree subsets ofcomparative law, the other two being \ncomparative legislation and comparative history of \nlaw. See COMPARATIVE LEGISLATION; COMPARATIVE \nLEGAL HISTORY. \ncomparative legal history. A species of comparative law \nseeking to establish a universal history of law, so that \nthe succession of social phenomena influencing the \nevolution ofthe legal world might be better understood. \n This field is closely allied to ethnological jurispru\ndence, folklore, legal sociology, and jurisprudence. \nAlso termed comparative history oflaw. Cf. descriptive \ncomparative law under COMPARATIVE LAW; COMPARA\nTIVE LEGISLATION. \ncomparative legislation. A species of comparative law \nseeking to define the common link for modern statu\ntory doctrines, concerned with the development of \nlegal study as a social science and with awakening an \n\n321 \ninternational legal consciousness, Cf. descriptive com\nparative law under COMPARATIVE LAW; COMPARATIVE \nLEGAL HISTORY. \ncomparative negligence. See NEGLIGE::-ICE, \ncomparative-negligence doctrine. (1904) Torts. The \nprinciple that reduces a plaintiff's recovery propor\ntionally to the plaintiff's degree of fault in causing the \ndamage, rather than barring recovery completely . \nMost states have statutorily adopted the comparative\nnegligence doctrine, See NEGLIGENCE. Cf. CONTRIBU\nTORY-NEGLIGENCE DOCTRINE, [Cases: Negligence \n549.] \ncomparative nomogenetics. The study of the develop\nment of the world's legal ideas and systems. This \nterm, like comparative nomoscopy and comparative \nnomothetics, was devised by fohn Henry Wigmore. \nSee John Henry Wigmore, A Panorama ofthe World's \nLegal Systems 1121 (libr. ed. 1936). \ncomparative nomoscopy. The description of the world's \nlegal systems. \ncomparative nomothetics. The analysis ofthe merits of \nlegal systems. \ncomparative rectitude. (1913) Archaic. Family law. The \ndegree to which one spouse is less culpable than the \nother in damaging the marriage, so that even though \nboth spouses are at fault, the less culpable spouse may \nsuccessfully petition for a separation or divorce,  \nComparative rectitude tempers the doctrine of recrimi\nnation by making a divorce pOSSible even though both \nparties are at fault. Comparative rectitude is now vir\ntually obsolete because of the prevalence of no-fault \ndivorce. See RECRIMINATION (1). [Cases: Divorce \n53.] \ncomparative-sales approach. See MARKET APPROACH. \ncomparator (bm-par-;l-t;lr or kom-p;l-ray-t;lr). Some\nthing with which something else is compared <the \nfemale plaintiffs alleged illegal wage discrimination \nand contrasted their pay with that of male compara\ntors>. \ncomparuit ad diem (bm-pair-oo-wit ad dI-;lm), n. \n[Latin \"he appeared to the day\"] Hist. A plea averring \nthat the defendant appeared in court as required and \ndid not forfeit the bail bond. \ncompassing (k;Jm-p;l-sing). Hist. The act of contriving \nor plotting, esp. of something underhanded, -The \nTreason Act of 1351 criminalized the act of compass\ning the sovereign's death. -Also termed imagining. \ncompel, vb. (14c) 1. To cause or bring about by force, \nthreats, or overwhelming pressure <a lawyer cannot \nbe compelled to testify about a privileged communica\ntion>, 2. (Of a legislative mandate or judicial precedent) \nto convince (a court) that there is only one possible \nresol"}
{"text": ". (Of a legislative mandate or judicial precedent) \nto convince (a court) that there is only one possible \nresolution ofa legal dispute <the wording ofthe statute \ncompels us to affirm>, \ncompellable, adj. Capable of or subject to being com\npelled, esp. to testify <an accused person's spouse is not \na compellable witness for the prosecution>. compensatio injuriarum \ncompellativus (bm-pel-a-tI-v;lS). [fro Latin compellare \n\"to accuse\"] Hist. An adversary or accuser. \ncompelling need. A need so great that irreparable harm \nor injustice would result if it is not met. _ Generally, \ncourts decide whether a compelling need is present \nbased on the unique facts of each case, In some juris\ndictions, however, statutes define \"compelling need\" or \nprovide gUidelines for determining whether one exists. \nSee, e,g\" 5 USCA  552(a)(6)(E)(v) (defining \"compel\nling need\" for an expedited response to a Freedom of \nInformation Act request). \ncompelling-state-interest test. (1966) Constitutional law. \nA method for determining the constitutional validity of \na law, whereby the government's interest in the law and \nits purpose is balanced against an individual's consti\ntutional right that is affected by the law . Only if the \ngovernment's interest is strong enough will the law be \nupheld. The compelling-state-interest test is used, e.g., \nin equal-protection analysiS when the disputed law \nrequires strict scrutiny. See STRICT SCRUTINY. [Cases: \nConstitutional Law (;::J 1053, 3062.) \ncompensable (k;lm-pen-sa-b~I), adj. (17c) Able or entitled \nto be compensated for <a compensable injury>. Also \ntermed recompensable. \ncompensable death. See DEATH. \ncompensable injury. See INJURY, \ncompensate (kom-p;ln-sayt), vb. 1. To pay (another) for \nservices rendered <the lawyer was fairly compensated \nfor her time and effort>, 2. To make an amendatory \npayment to; to recompense (for an injury) <the court \nordered the defendant to compensate the injured plain\ntiff>. \ncompensated surety. See SURETY, \ncompensating balance. The amount ofmoney a borrower \nfrom a bank is reqUired to keep on deposit as a condi\ntion for a loan or a line of credit. \ncompensatio (kom-pen-say-shee-oh), n, [Latin \n\"weighing; balancing\"] Roman law. A defendant's claim \nto have the plaintiff's demand reduced by the amount \nthat the plaintiff owes the defendant. See SETOFF (2). \ncompensatio criminis (kompen-say-shee-oh krim-a\nnis). [Latin) Eccles. law. A defendant's plea in a divorce \naction, alleging that the complainant is guilty of the \nsame conduct that the defendant is charged with, esp. \nadultery. See RECRIMINATION (1). \n\"The compensatio criminis is the standard canon law of \nEngland in questions of divorce, and it is founded on the \nprinciple that a man cannot be permitted to complain of \nthe breach of a contract which he had first Violated; and \nthe same prinCiple, it is to be presumed, prevails in the \nUnited States, So, if the injured party, subsequently to the \nadultery, cohabits with the other, or is otherwise reconciled \nto the other, after just grounds of belief in the fact, it is, in \njudgment of law, a remission of the offense, and a bar to \nthe divorce.\" 4 James Kent, Commentaries on American Law \n*100-01 (George Comstock ed., 11th ed, 1866). \ncompensatio injuriarum (kom-pen-say-shee-oh in-juur\nee-air-am). [Latin \"the compensation of wrongs\"] Scots \nlaw. The setoff in a defamation action. \n\ncompensation (kom-pan-say-shan), n. (14c) 1. Remu\nneration and other benefits received in return for \nservices rendered; esp., salary or wages. [Cases: Labor \nand Employment (;::::j 168.] \n\"Compensation consists of wages and benefits in return \nfor services. It is payment for work. If the work contracted \nfor is not done, there is no obligation to pay. [Compensa\ntion] includes wages, stock option plans, profit-sharing, \ncommissions, bonuses, golden parachutes, vacation, sick \npay, medical benefits, disability, leaves of absence, and \nexpense reimbursement.\" Kurt H. Decker & H. Thomas Felix \nII, Drafting and Revising Employment Contracts  3.17, at \n68 (1991). \n2. Pay~ent of damages, or any other act that a court \norders to be done by a person who has caused injury to \nanother. In theory, compensation makes the injured \nperson whole. [Cases: Damages G=::> 15.]3. SETOFF (2).\ncompensatory, (k<lm-pen-sa-tor-ee), compensational \n(kom-p;m-say-sh<l-n<ll), adj. \naccrued compensation. (1919) Remuneration that has \nbeen earned but not yet paid. \nadequate compensation. See just compensation. \ndeferred compensation. (1926) 1. Payment for work \nperformed, to be paid in the future or when some \nfuture event occurs. [Cases: Labor and Employ\nment 177.] 2. An employee's earnings that are \ntaxed when received or distributed rather than when \nearned, such as contributions to a qualified pension \nor profit-sharing plan. \njust compensation. (16c) Under the Fifth Amendment, \na payment by the government for property it has \ntaken under eminent domain usu. the property's \nfair market value, so that the owner is theoretically \nno worse off after the taking. Also termed adequate \ncompensation; due compensation; land damages. \n[Cases: Eminent Domain (;=> 122-150.] \nunemployment compensation. Compensation paid at \nregular intervals by a state agency to an unemployed \nperson, esp. one who has been laid off. -Also termed \nunemployment insurance. [Cases: Unemployment \nCompensation (;=> 1.] \nunreasonable compensation. (1946) Tax. Compen\nsation that is not deductible as a business expense \nbecause the compensation is out ofproportion to the \nservices actually rendered or because it exceeds statu\ntorily defined limits. IRC (26 USCA)  162. [Cases: \nInternal Revenue (;:::.,3323] \nCompensation Clause. The clause ofthe U.S. Constitu\ntion providing for federal judges to be paid. U.S. Const. \nart. III,  1, d. 2. [Cases: Judges (;=>22.] \ncompensation period. The time fixed by unemploy\nment or workers' -compensation law during which an \nunemployed or injured worker is entitled to receive \ncompensation. [Cases: Unemployment Compensation \n(;=>580-585.; Workers' Compensation C:)836-868.] \ncompensatories. See compensatory damages (1) under \nDAMAGES. \ncompensatory damages. See DAMAGES. compensatory payment. Family law. A postmarital \nspousal payment made by the richer ex-spouse to the \npoorer one and treated as an entitlement rather than \nas a discretionary award . Compensatory payments \nare set by statute and are based on a formula using \nthe length of the marriage, differences in postdivorce \nincome, role as primary caregiver, and other factors. \nThe purpose is to compensate somewhat for disparate \nincome levels after a failed marriage. Cf. ALIMONY. \ncompensatory time. See COMP TIME. \ncomperendinatio (kom-p,'lr-en-da-nay-shee-oh), n. \n[Latin \"to remand to the next day but one\") Roman \nlaw. An adjournment ofan action, particularly one of \nthe actiones legis, to hear the parties or their advocates \na second time; a second hearing ofthe parties to a case. \n The judge (judex) would decide the case at the conclu\nsion ofthe second hearing. See LEGIS ACTIO. \ncompetence, n. (17c) 1. A basic or minimal ability to do \nsomething; qualification, esp. to testify <competence \nofa witness>. [Cases: Witnesses (;=>35.)2. The capacity \nofan official body to do something <the court's com\npetence to enter a valid judgment>. 3. Authenticity \n<the documents were supported by a business-records \naffidavit, leaVing their competence as evidence beyond \ndoubt>. [Cases: Criminal Law (;:::444; Evidence (;=> \n369.] Cf. COMPETENCY. -competent, adj. \ncompetency, n. (16c) 1. The mental ability to understand \nproblems and make decisions. [Cases: Mental Health \nG=~'3.) 2. A criminal defendant's ability to stand trial, \nmeasured by the capacity to understand the proceed\nings, to consult meaningfully with counsel, and to \nassist in the defense. -Also termed competency to \nstand trial. [Cases: Mental Health (;=>432.] Cf. COM\nPETENCE. competent, adj. \ncompetency hearing. See PATE HEARING. \ncompetency proceeding. See PROCEEDING. \ncompetency to stand trial. See COMPETENCY. \ncompetent contractor. See CONTRACTOR. \ncompetent court. See court ofcompetent jurisdiction \nunder COURT. \ncompetent evidence. See EVIDENCE. \ncompetent jurisdiction. See rURISDICTION (2). \ncompetent witness. See WITNESS. \ncompetition. (16c) The struggle for commercial advan\ntage; the effort or action of two or more commer\ncial interests to obtain the same business from third \nparties. \nfair competition. (17c) Open, equitable, and just com\npetition between business competitors. \nhorizontal competition. (1930) Competition between \na seller and its competitors . The Sherman Antitrust \nAct prohibits unreasonable restraints on horizontal \ncompetition, such as price-fixing agreements between \ncompetitors. -Also termed primary-line competi\ntion. \n\n323 complaint \nperfect competition. A completely efficient market situ\nation characterized by numerous buyers and sellers, \na homogeneous product, perfect information for all \nparties, and complete freedom to move in and out \nof the market.  Perfect competition rarely if ever \nexists, but antitrust scholars often use the theory as a \nstandard for measuring market performance. \nprimary-litle competition. See horizontal competi\ntion. \nvertical competition. (1954) Competition between \nparticipants at different levels of distribution, such \nas manufacturer and distributor. -Also termed sec\nondary-line competition. \ncompetitive advantage. The potential benefit from \ninformation, ideas, or devices that, if kept secret by a \nbusiness, might be economically exploited to improve \nthe business's market share or to increase its income. \ncompetitive advertising. See ADVERTISING. \ncompetitive bid. See BID (2). \ncompetitive civil-service examination. A test designed \nto evaluate a person's qualifications for a civil-service \nposition. 'This type of examination may be open to \nall those seeking civil-service employment, or it may \nbe restricted to those civil servants seeking a promo\ntion. See CIVIL SERVICE. [Cases: Officers and Public \nEmployees \ncompetitive injury. A wrongful economic loss caused by \na commercial rival, such as the loss ofsales due to unfair \ncompetition; a disadvantage in a plaintiff's ability to \ncompete with a defendant, caused by the defendant's \nunfair competition . Most courts require the plaintiff \nto show a competitive injury as an element ofa misap\npropriation action, or to have standing to prosecute a \nfalse-advertising action under 15 USCA  1125(a)(l) \n(B). Also termed competitive harm. [Cases: Antitrust \nand Trade Regulation (;:::::; 138.] \n~ompetitor dick fraud. See FRAUD. \ncompilation (kom-pd-Iay-sh;:m), n. (I5c) 1. Copyright. \nA collection ofliterary works arranged in an original \nway; esp., a work formed by collecting and assembling \npreexisting materials or data that are selected, coor\ndinated, or arranged in such a way that the resulting \nproduct constitutes an original work of authorship. \nAn author who creates a compilation owns the copy\nright of the compilation but not of the component \nparts. See 17 USCA  101. Cf. collective work, deriva\ntive work under WORK (2). [Cases: Copyrights and Intel\nlectual Property 12(3).] 2. A collection of statutes, \nupdated and arranged to facilitate their use. -Also \ntermed compiled statutes. [Cases: Statutes ~~144.] 3. \nA financial statement that does not have an accoun\ntant's assurance ofconformity with generally accepted \naccounting principles . In preparing a compilation, \nan accountant does not gather evidence or verify the \naccuracy of the information proVided by the client; \nrather, the accountant reviews the compiled reports \nto ensure that they are in the appropriate form and are \nfree of obvious errors. compile, vb. compiled statutes. 1. See COMPILATION (2). 2. See STAT\nUTE. \ncomplainant (bm-playn-dnt). (l5c) 1. The party who \nbrings a legal complaint against another; esp., the plain\ntiff in a court ofequity or, more modernly, a civil suit. \n\"A suit in equity, under the procedure of the English Court \nof Chancery, which was generally adopted in the American \nStates prior to the code, is instituted by the plaintiff filing \na bill of complaint. The plaintiff is usually called the com\nplainant, in the Federal courts the complainant or plain \ntiff indifferently. The bill is in substance a petition to the \nchancellor, or judge of the court of equity, setting forth at \nlarge the grounds of the suit, and praying the process of \nthe court, its subpoena, to bring the defendant into court \nand compel him to answer the plaintiff's bill, and, also, for \nsuch relief by decree or interlocutory remedy, by way of "}
{"text": "the plaintiff's bill, and, also, for \nsuch relief by decree or interlocutory remedy, by way of \ninjunction. etc., as the plaintiff supposes himself entitled \nto.\" Edwin E. Bryant, The Law ofPleading Under the Codes \nofCivil Procedure 55 (2d ed. 1899). \n2. A person who, under oath, signs a statement (called a \n\"complaint\") establishing reasonable grounds to believe \nthat some named person has committed a crime. \nAlso termed affiant. [Cases: Criminal Law (,':::>210.] \ncomplainantless crime. See victimless crime under \nCRIME. \ncomplaint. (14c) 1. The initial pleading that starts a civil \naction and states the basis for the court's jurisdiction, \nthe basis for the plaintiff's claim, and the demand for \nrelief. In some states, this pleading is called a petition. \n[Cases: Federal Civil Procedure (;:::::;67l; Pleading C=' \n38.5.] 2. Criminal law. A formal charge accusing a \nperson of an offense. Fed. R. Crim, P. 3. Cf. INDICT\nMENT; INFORMATION, [Cases; Indictment and Infor\nmation (;:::::;54.] \namended complaitlt. (1822) A complaint that modifies \nand replaces the original complaint by adding relevant \nmatters that occurred before or at the time the action \nbegan. Fed. R. Civ. P. 15(d). In some circumstances, \na party must obtain the court's permission to amend \nits complaint. Fed. R. Civ. Pro. 15(a). Also termed \nsubstituted complaint. Cf. supplemental complaint. \n[Cases: Federal Civil Procedure (;:::::;839; PleadingG--~ \n233, \ncomplaint for modification. See motion to modify \nunder MOTION. \ncoutlter-complaint. A complaint filed by a defendant \nagainst the plaintiff, alleging that the plaintiff has \ncommitted a breach and is liable to the defendant \nfor damages. [Cases: Federal Civil Procedure \n775-784; Pleading 138; Set-Off and Counter\nclaim \nfresh complaint. See FRESH COMPLAINT. \npreliminary complaint. (1833) A complaint issued by \na court to obtain jurisdiction over a criminal suspect \nfor a hearing on probable cause or on whether to bind \nthe suspect over for trial. [Cases: Criminal Law \n208.] \nsubstituted complaint. See amended complaint. \nsupplemental complaint. (1821) An additional com\nplaint that either corrects a defect in the original \n\n324 complementarity \ncomplaint or adds relevant matters that occurred after \nthe action began. _ Generally, a party must obtain the \ncourt's permission to file a supplemental complaint. \nFed. R. Civ. Pro. 15(d). Cf. amended complaint. [Cases: \nFederal Civil Procedure G=>864; Pleading (';::::;)279.] \nthird-party complaint. (1938) A complaint filed by the \ndefendant against a third party, alleging that the third \nparty may be liable for some or all of the damages that \nthe plaintiff is trying to recover from the defendant. \nFed. R. Civ. P. 14. [Cases: Federal Civil Procedure<~=) \n281; Parties ~49;Pleading ~149.] \nwell-pleaded complaint. (1954) An original or initial \npleading that sufficiently sets forth a claim for relief\nby including the grounds for the court's jurisdiction, \nthe basis for the relief claimed, and a demand for \njudgment so that a defendant may draft an answer \nthat is responsive to the issues presented. -In federal \ncourt, a well-pleaded complaint must raise a control\nling issue of federal law, or else the court will not have \nfederal-question jurisdiction over the lawsuit. [Cases: \nFederal Civil Procedure <::~673; Federal Courts \n241; Pleading \ncomplementarity, n. 1. The state or quality ofbeing com\nplementary. 2. International law. See COMPLEMENTAR\nITY PRINCIPLE. \ncomplementarity principle. International law. The \ndoctrine that a country with control of a person \naccused of violating international criminal law has \nthe jurisdiction to charge and try a person. -Because \nthe jurisdiction ofthe International Criminal Court is \ncomplementary to the criminal jurisdiction of coun\ntries, that tribunal can assert jurisdiction over the \naccused person only if the country is unable or unwill\ning to undertake a genuine investigation and prosecu\ntion. Sometimes shortened to complementarity. \ncomplementary goods. Trademarks. Products that are \ntypically used together, such as pancake syrup and \npancake mix, or motion-picture projectors and film. \n-Trademark law may prevent the use ofa similar mark \non complementary goods because consumers may be \nconfused into thinking the goods come from a common \nsource. The patent-misuse doctrine may provide a \ndefense in an infringement suit ifthe plaintiff has used \nits patent rights to gain market control over unpatented \ncomplementary goods. -Also termed complementary \nproducts. See AUNT JEMIMA DOCTRINE; PATENT-MISUSE \nDOCTRINE. [Cases: Trademarks ~noo.] \ncomplementary products. See COMPLEMENTARY \nGOODS. \ncomplete conception ofinvention. See CONCEPTION OF \nINVENTION. \ncompleted-contract accounting method. See ACCOUNT\nING METHOD. \ncompleted gift. See GIFT. \ncomplete diversity. See DIVERSITY OF CITIZENSHIP. \ncompleted-operations policy. See INSURANCE POLICY. complete in itself, adj. (I8c) (Of a legislative act) fully \ncovering an entire subject. \ncomplete integration. See INTEGRATION (2). \ncomplete interdiction. Seefull interdiction under INTER\nDICTION (3). \ncomplete jurisdiction. See JURISDICTION. \ncompletely integrated contract. See INTEGRATED \nCONTRACT. \ncompleteness doctrine. See RULE OF OPTIONAL COM\nPLETENESS. \ncomplete-operation rule. Insurance. The principle that \ngoods are covered against damage at any time during \nthe shipping process, including the loading and unload\ning of the goods. -Under some circumstances, the rule \nhas been extended to cover personal injuries that occur \nduring the shipping process. See WAREHOUSE-TO\nWAREHOUSE COVER. Cf. COMING-TO-REST DOCTRINE. \n[Cases: Insurance ~2137(3), 2681.] \ncomplete ownership. See perfect ownership under OWN\nERSHIP. \ncomplete-preemption doctrine. (1987) The rule that a \nfederal statute's preemptive force may be so extraordi\nnary and all-encompassing that it converts an ordinary \nstate-cornman-law complaint into one stating a federal \nclaim for purposes ofthe well-pleaded-complaint rule. \nSee well-pleaded complaint under COMPLAINT. [Cases: \nFederal Courts ~241.] \ncomplete property. See PROPERTY. \ncomplete voluntary trust. See executed trust under \nTRUST. \ncompletion bond. See PERFORMANCE BOND. \ncomplex litigation. See LITIGATION. \ncomplex trust. See TRUST. \ncompliance andit. See AUDIT. \ncomplicated larceny. See mixed larceny under \nLARCENY. \ncomplice (kom-pHs). Archaic. An accomplice or acces\nsory to a crime or immoral behavior. \ncomplicity (k<Jm-pIis-a-tee), n. (17c) Association or par\nticipation in a criminal act; the act or state of being \nan accomplice. -Under the Model Penal Code, a \nperson can be an accomplice as a result ofeither that \nperson's own conduct or the conduct ofanother (such \nas an innocent agent) for which that person is legally \naccountable. Model Penal Code  2.06. See ACCOM\nPLICE; innocent agent under AGENT. [Cases: Criminal \nLaw -complicitous (kam-plis-<J-las), adj. \ncomposite mark. See composite trademark under TRADE\nMARK. \ncomposite state. See STATE. \ncomposite trademark. See TRADEMARK. \ncomposite work. See WORK (2). \ncomposition, n. (14c) 1. An agreement between a \ndebtor and two or more creditors for the adjustment \n\n325 comprising \nor discharge of an obligation for some lesser amount; \nan agreement among the debtor and two or more credi\ntors that the debtor will pay the creditors less than their \nfull claims in full satisfaction of their claims. _ The \npreexisting-duty rule is not a defense to this type of \nagreement because consideration arises from the agree\nment by each creditor with each other to take less than \nfull payment. Through the performance ofthis agree\nment, the debtor is discharged in full for the debts of \nthe participating creditors. -Also termed composition \nwith creditors; creditors' composition; attermoiement. \n[Cases: Bankruptcy (;:::c3662.100-3662.115; Debtor and \nCreditor 10.] 2. The compensation paid as part of \nsuch an agreement. 3. Rist. A payment of money or \nchattels as satisfaction for an injury. -In Anglo-Saxon \nand other early societies, a composition with the injured \nparty was recognized as a way to deter acts of revenge \nby the injured party. compose, vb. \n\"[TJhe first theory of liability was in terms of a duty to \nbuy off the vengeance of him to whom an injury had been \ndone whether by oneself or by something in one's power. \nThe idea is put strikingly in the AngloSaxon proverb, 'Buy \nspear from side or bear it,' that is, buy off the feud or fight \nit out.... As the SOCial interest in peace and order -the \ngeneral security in its lowest terms -comes to be secured \nmore effectively by regulation and ultimate putting down \nof feud as a remedy, payment of composition becomes \na duty rather than a privilege .... The next step is to \nmeasure the composition not in terms ofthe vengeance to \nbe bought off but in terms of the injury. A final step is to \nput it in terms of reparation.\" Roscoe Pound, An Introduc\ntion to the Philosophy of Law 74 (rev. ed. 1954). \ncomposition deed. See DEED. \ncomposition of matter. Patents. One of the five types \nof patentable statutory subject matter, consisting of \ncombinations of natural elements whether resulting \nfrom chemical union or from mechanical mixture, \nand whether the substances are gases, fluids, powders, \nor solids. -This classification includes chemical com\npounds such as drugs and fuels, physical products such \nas plastics and particleboard, and new life forms made \nby genetic engineering. Its subject matter is always the \nsubstance itself, rather than the form or shape. -Often \nshortened to composition. [Cases: Patents (;:::c 14.] \n\"[AJ compOSition of matter describes what most people \nimagine to be the goal of the typical laboratory inventor, \nsince it is usually a new chemical invention, although it \ncan be any composition of materials, not limited solely to \nchemicals.\" Arthur R. Miller & Michael H. Davis. Intellectual \nProperty in a Nutshell 21 (2d ed. 1990). \ncomposition with creditors. See COMPOSITIOK (1). \ncompos mentis (kom-p<ls men-tis), adj. [Latin \"master \nof one's mind\"] (17c) Of sound mind; having use of \nand control over one's own mental faculties. Cf. NON \nCOMPOS MENTIS. [Cases: Mental Health (;:::c3.1.] \ncompossessio (kom-p<l-zes[h]-ee-oh). [Latin] Civil law. \nPossession of a thing in common. \ncompos sui (kom-p;)s s[y]OO-I), adj. [Latin \"master of \none's self\"] (Of a person) haVing control over one's own \nlimbs, or having the power ofbodily motion. \ncompound (kom-or bm-pownd), vb. (14c) 1. To \nput together, combine, or construct. 2. To compute (interest) on the principal and the accrued interest. 3. \nTo settle (a matter, esp. a debt) by a money payment, \nin lieu of other liability; to adjust by agreement. 4. To \nagree for consideration not to prosecute (a crime). _ \nCompounding a felony in this way is itself a felony. \n5. Loosely, to aggravate; to make (a crime, etc.) more \nserious by further bad conduct. \ncompound duty. See DUTY (4). \ncompounder (kom-or bm-pown-d~r). (l6c) 1. One who \nsettles a dispute; the maker of a composition. -Also \ntermed amicable compounder. See COMPOSITION (1). 2. \nOne who knows ofa crime by another and agrees, for a \npromised or received reward, not to prosecute. \ncompounding a crime. (l7c) The offense of either \nagreeing not to prosecute a crime that one knows has \nbeen committed or agreeing to hamper the prosecu\ntion. Also termed compounding a felony; (archai\ncally) theftbote. See STIFLING OF A PROSECUTION. \n[Cases: Compounding Offenses C-:J 1.] \n\"If a prosecuting attorney should accept money from \nanother to induce the officer to prevent the finding of an \nindictment against that person this would be compound\ning a crime if the officer knew the other was gUilty of an \noffense, but would be bribery whether he had such knowl\nedge or not.\" Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw 539 (3d ed. 1982). \ncompounding a felony. See COMPOUNDING ACRIME. \ncompound interest. See INTEREST (3). \ncompound journal entry. See ENTRY (2). \ncompound larceny. 1. See mixed larceny under LARCENY. \n2. See aggravated larceny under LARCENY. \ncompound offense. See OI'FENSE (1). \ncompound policy. See blanket policy under INSURANCE \nPOLICY. \ncomprehensive general-liability insurance. See INSUR\nANCE. \ncomprehensive general-liability policy. See INSURANCE \nPOL"}
{"text": "ability insurance. See INSUR\nANCE. \ncomprehensive general-liability policy. See INSURANCE \nPOLICY. \ncomprehensive insurance. See INSURANCE. \ncomprehensive nonliteral similarity. See SIMILARITY. \ncomprehensive zoning plan. (1925) A general plan to \ncontrol and direct the use and development of a large \npiece of property. See ZONIKG. [Cases: Zoning and \nPlanning ~30.] \ncomprint (kom-print). Hist. Copyright. The surreptitious \nand supposedly illegal printing of another bookseller's \ncopy of a work. -Despite the word's appearance as a \nlegal term in dictionaries since 1706, no such offense \never existed. The term, which is properly a verb meaning \n\"to share in printing (a book),\" was first given this erro\nneous definition by John Kersey when he produced a \nnew edition ofEdward Phillips's New World ofEnglish \nWords. It has occasionally been copied by legallexicog\nrap hers ever since. \ncomprising, adj. Patents. (In the transition between the \npreamble and the body ofa patent claim) including; \nhaving. -This term does not limit the claim to the \n\n326 compromis \nspecified elements, so a later patent applicant's product \nor process cannot avoid infringement by merely adding \nanother claim element. See closed-ended claim under \nPATENT CLAIM. \ncompromis (kom-pr<l-mee). [FrenchJ Int'llaw. 1. An \nagreement between two or more countries to submit \nan existing dispute to the jurisdiction of an arbitrator, \nan arbitral tribunal, or an international court. See com\npromissory arbitration under ARBITRATION. \nad hoc compromis (ad hok kom-pr<l-mee). An agree\nment in which countries submit a particular dispute \nthat has arisen between them to an ad hoc or insti\ntutionalized arbitral tribunal or to an international \ncourt. Also termed compromis proper; special \nagreement. \ngeneral compromis. An agreement in which countries \nsubmit all or a definite class of disputes that may arise \nbetween them to an arbitral institution, a court, or an \nad hoc arbitral tribunal by concluding a general arbi\ntration treaty or by including an arbitration clause in \na treaty. Also termed abstract compromis; antici\npated compromis. \n2. In international-law moot-court competitions, the \nrecord upon which the arguments are based. \ncompromise, n. (ISc) 1. An agreement between two or \nmore persons to settle matters in dispute between them; \nan agreement for the settlement of a real or supposed \nclaim in which each party surrenders something in \nconcession to the other. Also termed compromise \nand settlement; (erroneously) compromise settlement. \n[Cases: Compromise and Settlement 1.J 2. A \ndebtor's partial payment coupled with the creditor's \npromise not to claim the rest of the amount due or \nclaimed. Cf. ACCORD; ACCORD AND SATISFACTION.\ncompromise, vb. \ncompromise and settlement. See COMPROMISE (1). \ncompromise verdict. See VERDICT. \ncompromis proper. See ad hoc compromis under COM\nPROMIS. \ncompromissarius (kom-pr<l-mi-sair-ee-<ls). [Latin] \nRoman law. See ARBITRATOR. \ncompromissory arbitration. See ARBITRATION. \ncompromissum (kom-pra-mis-am), n. [Latin \"mutual \nagreement\"J Roman law. An agreement to submit a \ncontroversy to arbitration. \ncompte arrete (kawnt a-ray-tay). [French \"settled \naccount\"] An account stated in writing, and acknowl\nedged to be correct on its face by the party against \nwhom it is stated. \ncompter (kown-t<Jr), n. Hist. A debtor's prison. \ncomp time. Time that an employee is allowed to take off \nfrom work instead of being paid for overtime already \nworked. -Also termed compensatory time. \ncomptroller (bn-troh-l<lr). (ISc) An officer ofa business \nor a private, state, or municipal corporation who \nis charged with duties usu. relating to fiscal affairs, including auditing and exam ini ng accounts and report\ning the financial status periodically. Also spelled \ncontroller. [Cases: Corporations (::::;:>303; Municipal \nCorporations \nComptroller General of the United States. The officer \nin the legislative branch of the federal government \nwho heads the General Accountability Office . The \nComptroller General is appointed by the President \nwith the advice and consent of the Senate. See GENERAL \nACCOUNTABILITY OFFICE. [Cases: United States (::::;:> \n40.] \nComptroller ofthe Currency. See OFFICE OF THE COMP\nTROLLER OF THE CURRENCY. \ncompulsion, n. (ISc) 1. The act of compelling; the state \nofbeing compelled. \n\"Compulsion can take other forms than physical force; \nbut in whatever form it appears the courts have been \nindisposed to admit that it can be a defence for any crime \ncommitted through yielding to it and the law of the matter \nis both meagre and vague. It can best be considered \nunder the heads of obedience to orders, martial coercion, \nduress per minas, and necessity.\" J.W. Cecil Turner, Kenny's \nOutlines ofCriminal Law 54 06th ed. 1952). \n2. An uncontrollable inclination to do something. 3. \nObjective necessity; duress. compel, vb. \ncompulsory (k<lm-p<ll-s<l-ree), adj. (16c) Compelled; \nmandated by legal process or by statute <compulsory \ncounterclaim>. \ncompUlsory, n. Eccles. law. An order that compels the \nattendance of a witness. \ncompulsory appearance. See APPEARANCE. \ncompulsory arbitration. See ARBITRATION. \ncompulsory-attendance law. A statute requiring minors \nofa specified age to attend school . Compulsory-atten\ndance laws do not apply to married persons. Also \ntermed compulsory-school-attendance law. See AMISH \nEXCEPTION. [Cases: Schools \ncompulsory condition. See CONDITION (2). \ncompulsory counterclaim. See COUNTERCLAIM. \ncompulsory-counterclaim rule. The rule requiring a \ndefending party to present every counterclaim arising \nout of the same transaction or occurrence that is the \nbasis of the plaintiffs claim. Fed. R. Civ. P. 13(a). \nMost courts hold that if a party does not timely bring \na compulsory counterclaim, the party is estopped from \nasserting the claim. Federal Civil Procedure \n(::::;:>775; Judgment Set-Off and Counter\nclaim (;::::'60.J \ncompulsory disclosure. See DISCLOSURE (2). \ncompulsory insurance. See INSURANCE. \ncompulsory joinder. See JOINDER. \ncompulsory labor. See FORCED LABOR. \ncompulsory license. See I.ICENSE. \ncompulsory nonsuit. See NONSUIT (2). \ncompulsory pilot. See PILOT. \ncompulsory pilotage. See PILOTAGE. \n\n327 \ncompulsory pooling. See POOLING. \ncompulsory process. See PROCESS. \nCompulsory Process Clause. (1957) The clause of the \nSixth Amendment to the U.S. Constitution giving \ncriminal defendants the subpoena power for obtain\ning witnesses in their favor. [Cases: Witnesses \ncompulsory purchase. Rare. 1. See EMINENT DOMAIN. \n2. See EXPROPRIATION (1). \ncompulsory retirement. See RETIREMENT. \ncompulsory sale. See SALE. \ncompulsory-school-attendance law. See COMPULSORY\nATTENDANCE LAW. \ncompulsory surrender. 1. See EMINENT DOMAIN. 2. See \nEXPROPRIATION (1). \ncompulsory unitization. See UNITIZATION. \ncompurgation (kom-pdr-gay-sh,m), n. (17c) [Latin con\n\"together\" +purgare \"to clear or purge\"] Hist. A trial by \nwhich a defendant could have supporters (called com\npurgators), frequently 11 in number, testify that they \nbelieved the defendant was telling the truth. -Also \ntermed wager oflaw; trial by oath. compurgatory, \nadj. \n\"If a defendant on oath and in a set form ofwords will deny \nthe charge against him, and if he can get a certain number \nof other persons (compurgators) to back his denial by their \noaths, he will win his case. If he cannot get the required \nnumber, or they do not swear in proper form, 'the oath \nbursts,' and he will lose, Though oaths were used in the \nRoman law of procedure, this institution of compurgation \nwas not known to it, It was, however, common to the laws \nof many of the barbarian tribes who overran the Roman \nempire. Because it was so common and so widespread the \nchurch adopted it.... The case of King v. Williams in 1824 \nwas the last instance of its use. It was finally abolished \nin 1833.\" 1 William Holdsworth, A History of English Law \n305-08 (7th ed. 1956). \ncompurgator (kom-pdr-gay-t<)r). (l6c) Hist. A person \nwho appeared in court and made an oath in support \nof a civil or criminal defendant. -Also termed oath\nhelper. See COMPURGATlON. \ncomputer crime. See CRIME. \ncomputer-information transaction. Copyright. An \nagreement whose primary purpose is to create, modify, \ntransfer, or license computer information or rights in \ncomputer information. [Cases: Copyrights and Intel\nlectual Property C=:c 107.] \ncomputer matching. The comparing ofcomputer records \nin two separate systems to determine whether the same \nrecord exists in both systems. The government, for \nexample, uses computer matching to find persons who \nare both employed and receiving welfare payments and \nto find instances in which both divorced parents are \nclaiming the same child on their income-tax returns. \nSee COMPUTER MATCHING AND PRIVACY PROTECTION \nACT OF 1988. \nComputer Matching and Privacy Protection Act of \n1988. An act that allows governmental agencies, with \ncertain limitations, to compare computerized records \nto establish or verify eligibility for benefits or to recoup concealment \npayments on benefits. 5 USCA  552a. See COMPUTER \nMATCHING. \nComputer Programs Directive. See DIRECTIVE ON THE \nLEGAL PROTECTION OF COMPUTER PROGRAMS. \nComputer Software Protection Act of 1980. Copyright. \nAn amendment to the Copyright Act of 1976, defining \n\"computer program\" as a literary work for copyright \npurposes and qualifying the exclusive rights of copy\nrighted-software owners. 17 USCA  117. \nComputer Software Protection Act of1984. Copyright. \nAn amendment to the Copyright Act of 1976, enacted \nto protect copyrighted computer programs against \nillegal copying. 17 USCA  109. \nComputer Software Rental Amendments Act. Copy\nright. A 1990 statute prohibiting computer-program \npurchasers from leaSing, renting, or lending the \nsoftware for commercial gain. 17 USCA  801-805. \n[Cases: Copyrights and Intellectual Property \n67.3.] \ncomputus (kom-py<)-t<)s). [Latin computo \"to count up; \nto reckon\") Hist. A writ to compel a guardian, bailiff, \nreceiver, or accountant to render an accounting. Also \nspelled compotus. \nComstock Act. See COMSTOCK LAW. \ncomstockery (kom-stok-dr-ee). (often cap.) Censorship \nor attempted censorship ofart or literature that is sup\nposedly immoral or obscene. \nComstock law (kom-stok). (1878) An 1873 federal \nstatute that prohibited mailing \"obscene, lewd, or las\ncivious\" books or pictures, as well as \"any article or \nthing deSigned for the prevention of conception or \nprocuring of abortions.\"  Because ofthe intolerance \nthat led to this statute, the law gave rise to an English \nword roughly equivalent to prudery -namely, com\nstockery. -Also termed Comstock Act. [Cases: Postal \nService 031.1.] \ncon. abbr. 1. Confidence <can game>. 2. Convict <ex\ncon>. 3. Contra <pros and cons>. 4. (cap.) Constitu\ntional <Con. law>. \ncon, n. See CONFIDENCE GAME. \nconatus (kd-nay-t<)s). [Latin] Hist. An attempt, esp. to \ncommit a crime. \nconcealed debtor. See DEBTOR. \nconcealed weapon. See WEAPON. \nconcealment, n. (14c) 1. The act of refraining from dis\nclosure; esp., an act by which one prevents or hinders \nthe discovery of something; a cover-up. 2. The act of \nremoving from sight or notice; hiding. 3. Insurance. \nlhe insured's intentional Withholding from the insurer \nmaterial facts that increase the insurer's risk and that in \ngood faith ought to be disclosed. Cf. NONDISCLOSURE. \n[Cases: Insurance C=:c2961.J -conceal, vb. \n\"Concealment is an affirmative act intended or known to \nbe likely to keep another from learning of a fact of which \nhe would otherwise have learned. Such affirmative action is \nalways equivalent to a misrepresentation and has any effect \n\n328 concealment rule \nthat a misrepresentation would have, .. ,\" Restatement \n(Second) of Contracts  160 cmt. a (1979), \nactive concealment. (1865) The concealment by words \nor acts of something that one has a duty to reveaL \n[Cases: Fraud 16.J \nfraudulent concealment. (1801) The affirmative sup\npression or hiding, with the intent to deceive or \ndefraud, of a material fact or circumstance that one \nis legally (or, sometimes, morally) bound to reveaL \nAlso termed hidden fraud. [Cases: Fraud 16.] \npassive concealment. (1882) The act of"}
{"text": "ed hidden fraud. [Cases: Fraud 16.] \npassive concealment. (1882) The act of maintaining \nsilence when one has a duty to speak. [Cases; Fraud \n16.l \nconcealment rule. (1950) The principle that a defendant's \nconduct that hinders or prevents a plaintiff from dis\ncovering the existence of a claim tolls the statute of \nlimitations until the plaintiff discovers or should have \ndiscovered the claim. -Also termed fraudulent-con\ncealment rule. [Cases: Limitation of Actions C=>104,j \nconcedo (bn-see-doh). [Latin] Hist. I grant. _ This was \nformerly a term of conveyance. \nconcentration account. A Single centralized bank \naccount into which funds deposited at or collected at \nout-of-area locations are periodically transferred. \nconception of invention. (1859) Patents. The formation \nin the inventor's mind of a definite and permanent \nidea ofa complete invention that is thereafter applied \nin practice. -Courts usu. consider conception when \ndetermining priority ofinvention. [Cases: Patents \n90(1).] \ncomplete conception ofinvention. Patents. The point at \nwhich an inventor knows every feature of the process \nor device to be patented, such that a person with \nordinary skill in the art could reproduce it without \nextensive research or experimentation. -Often \nshortened to complete conception. [Cases: Patents \nC=>90(I).J \nconceptum (bn-sep-t<lm). [Latin \"seized\"] Civillaw. \nA theft in which the stolen item was searched for and \nfound in someone's possession and in the presence of \nwitnesses. See furtum conceptum under FURTUM. \nconcerted action. (ISc) An action that has been planned, \narranged, and agreed on by parties acting together to \nfurther some scheme or cause, so that all involved are \nliable for the actions of one another. -Also termed \nconcert ofaction. [Cases; Conspiracy C=>2,24(1).] \nconcerted activity. Labor law. Action by employees con\ncerning wages or working conditions . Concerted \nactivity is protected by the National Labor Relations \nAct and cannot be used as a basis for disciplining or \ndischarging an employee. [Cases: Labor and Employ\nment C=> 1340.] \n\"Typical protected concerted activity involves union orga \nnizing, the discussion of unionization among employees, \nor the attempt by one employee to soliCit union support \nfrom another employee. But concerted activity need not \ninvolve a union, Activities by groups of employees unaffili\nated with a union to improve their lot at their work place are deemed protected concerted activities,\" Douglas L. \nleslie, Labor Law in a Nutshell 84 (3d ed. 1992). \nconcerted refusal to deal. Antitrust. An agreement \nbetween two or more persons or firms to not do \nbusiness with a third party. -The parties to the agree\nment mayor may not be competitors. Concerted \nrefusals to deal may violate  1ofthe Sherman Act and \nare analyzed under either the per se rule or the rule of \nreason, depending on the nature ofthe agreement. See \nBOYCOTT; PER SE RULE; RULE OF REASON. \nconcert ofaction. See CONCERTED ACTION. \nconcert-af-action rule. See WHARTON'S RULE. \nconcessi (bn-ses-I). [Latin] Hist. I have granted. -\nConcessi creates a covenant in a lease for years; it \ndoes not warrant title. Concessi often appeared in the \nphrase demisi, concessi, et ad firmam tradidi (\"demised, \ngranted, and let to farm\"). Cf. DEDI. \n\"Concessi (a word much used in Conveyances). In Law it \ncreates a Covenant, as Dedi does a Warranty,\" Thomas \nBlount, NomoLexicon: A Law-Dictionary (1670). \nconcessimus (bn-ses-<l-m<ls). [Latin] Hist. We have \ngranted. -Concessimus is a term of conveyance that \ncreates a joint covenant on the part of the grantors. \nconcessio (bn-sesh-ee-oh). [Latin] Hist. A grant. \nA term of conveyance used to convey incorporeal \nproperty. PI. concessiones. \n\"Grants, concessiones; the regular method by the common \nlaw of transferring the property of incorporeal heredita \nments, or, such things whereof no livery can be had, For \nwhich reason all corporeal hereditaments, as lands and \nhouses, are said to lie in livery; and the others, as advow\nsons, commons, rents, reversions, etc.. to lie in grant. .. , \nThese therefore pass merely by the delivery of the deed.\" 2 \nWilliam Blackstone, Commentaries on the Laws ofEng/and \n317 (1766). \nconcession, n. (l5c) 1. A government grant for specific \nprivileges. 2. The voluntary yielding to a demand for \nthe sake of a settlement. 3. A rebate or abatement. 4. \nInt'llaw. A contract in which a country transfers some \nrights to a foreign enterprise which then engages in an \nactivity (such as mining) contingent on state approval \nand subject to the terms of the contract. [Cases: Treaties \nC=>8.] concede, vb. -concessive, adj. \nconcession bargaining. Labor law. A type of collective \nbargaining in which the parties negotiate the employ\nees' giving back preViously gained improvements in \nwages, benefits, or working conditions in exchange for \nsome form of job security, such as protection against \nlayoffs. Also termed employee givebacks; union give\nbacks. See COLLECTIVE BARGAINING. \nconcessit solvere (k<ln-ses-it sol-vCl-ree). [Latin \"he \nagreed to pay\"] Hist. A form ofdebt action on a simple \ncontract.  The plaintiff alleged that the defendant had \ngranted and agreed to pay to the plaintiff the sum sued \nfor, but had not done so. TIle defendant responded with \na plea of nunquam indebitatus (\"never indebted\"). See \nindebitatus assumpsit under ASSUMPSIT; NUNQUAM \nINDEBITATUS; common count under COUNT. \nconcessor (bn-ses-ar). Hist. A grantor. Cf. CONCESSUS. \n\n329 \nconcessum (kan-seS-;lm), p.pl. [fro Latin concedere \"to \ngrant\"] Hist. Granted. _ Judges used this term to \nsignify their assent to a point made in argument; for \nexample, a court might state that a particular proposi\ntion was concessum per totam curiam (\"granted by the \nwhole court\"). \nconcessus (k;ln-ses-;ls). Hist. A grantee. Cf. CONCES\nSOR. \nconciliation, n. (1803) 1. A settlement of a dispute in \nan agreeable manner. 2. A process in which a neutral \nperson meets with the parties to a dispute and explores \nhow the dispute might be resolved; esp., a relatively \nunstructured method of dispute resolution in which \na third party facilitates communication between \nparties in an attempt to help them settle their differ\nences. -Some jurisdictions, such as California, have \nFamily Conciliation Courts to help resolve problems \nwithin the family. Also termed (in sense 2) facilita\ntion; conciliation procedure. Cf. MEDIATION; ARBITRA\nTION. conciliate, vb. -conciliative, conciliatory, \nadj. -conciliator, n. \nconciliation court. See small-claims court under \nCOURT. \nconciliation procedure. See CONCILIATION (2). \nconcilium (kan-sil-ee-am). [Latin \"council\"]!. Hist. The \nsitting ofa court to hear argument in a case; a motion \nrequesting a day to present an argument. 2. CONCILIUM \nPLEBIS. \nconcilium plebis (bn-sil-ee-;lm plee-bis). [Latin \n\"assembly ofthe people\"] Roman law. An assembly \nof the plebs gathered together to enact legislation. \nOften shortened to concilium. See PLEBISCITUM. Cf. \ncomitia tributa under COMITIA. \n\"Legislation was carried on to some extent by the Comitia \nTributa and in an increasing degree by the assembly of the \nplebs alone, concilium plebis, which, in historical times, was \nalso based on the tributal organisation. This assembly, \npresided over by a tribune of the plebs, was active from \nearly times and there was early legislation on constitu \ntional questions, enacted by that body and approved by \nthe Senate, which was regarded as binding on the whole \ncommunity. Its enactments, plebiscita, were often called, as \nbinding the whole community, leges. ..\" W.W. Buckland, \nA Text-Book of Roman Law from Augustus to justinian 4 \n(Peter Stein ed., 3d ed. 1963). \n'The pressure of plebeian agitation had led to the creation \nof tribunes of the plebs (494 B.C.) for the protection of \nindividual citizens from oppreSSion, with the right to \nhold meetings of an assembly called the Concilium Plebis, \nwhich eventually became identical with the Comitia Tributa, \nexcept that it comprised only the plebeian members of \nthe Roman people, without the patricians. The resolutions \nof this assembly (plebiscita) at first bound the plebeians \nonly, but by an obscure development culminating in the \npassing of the Lex Hortensia of 287 B.C., they came to \nbe binding as laws on the whole people, patricians and \nplebeians alike.\" William A. Hunter, Introduction to Roman \nLaw 16 (F.H. Lawson ed., 9th ed. 1934). \nconcilium regis (k;:Jn-sU-ee-;:Jm ree-jis). [Latin \"assembly \nofthe king\"] Hist. A tribunal that, during the reigns of \nEdward I and Edward II, heard cases ofextraordinary \ndifficulty. concord \nconclude, vb. (16c) l. To ratify or formalize (a treaty, \nconvention, or contract) <it can be difficult to amend \na contract that the parties have already concluded>. 2. \nTo bind; estop <the admissions concluded the party as \na matter oflaw>. 3. Scots law. To sign (a contract, letter, \netc.) for the sale of real property. _ This term most \ncommonly appears in the phrase conclude missives. \nconclusion, n. (l4c) 1. The final part ofa speech or writing \n(such as a jury argument or a pleading). 2. A judgment \narrived at by reasoning; an inferential statement. 3. The \nclOSing, settling, or final arranging ofa treaty, contract, \ndeal, etc. See OPINION (2).4. Archaic. An act by which \none estops oneself from doing anything inconsistent \nwith the act. 5. See OPINION (3). \n\"Conclusion is, when a man by his own act upon record \nhath charged himself with a duty or other thing .... So if \nthe sheriff, upon a capias to him directed, returns that he \nhath taken the body, and yet hath not the body in court at \nthe day of the return, he shall be amerced ....\" Termes de \nla Ley 102-03 (lst Am. ed. 1812). \nconclusional, adj. See CONCLUSORY. \nconclusionary, adj. See CONCLUSORY. \nconclusion offact. (ISc) A factual deduction drawn from \nobserved or proven facts; an evidentiary inference. Cf. \nFINDING OF FACT. \nconclusion oflaw. (17c) An inference on a question of \nlaw, made as a result of a factual showing, no further \nevidence being required; a legal inference. Cf. FINDING \nOF FACT; LEGAL CONCLUSION. \nconclusion to the country. Archaic. The closing part of \na pleading that requests the trial of an issue by a jury. \nCf. GOING TO THE COUNTRY. \nconclusive, adj. 07c) Authoritative; decisive; convinc\ning <her conclusive argument ended the debate>. Cf. \nCONCLUSORY. \nconclusive evidence. See EVIDENCE. \nconclusive presumption. See PRESUMPTION. \nconclusive proof. See conclusive evidence (1) under \nEVIDENCE. \nconclusory (bn-kloo-za-ree or -s;l-ree), adj. (1923) \nExpressing a factual inference without stating the \nunderlying facts on which the inference is based \n<because the plaintiff's allegations lacked any support\ning evidence, they were merely conclusory>. -Also \ntermed conclusional; conclusionary. Cf. CONCLUSIVE. \nconcomitant (k;ln-kom-a-tant), adj. (17c) Accompany\ning; incidental <concomitant actions>. -concomi\ntant, n. \nconcomitant evidence. See EVIDENCE. \nconcord (kon-kord or kong-), n. (14c) 1. An amicable \narrangement between parties, esp. between peoples or \nnations; a compact or treaty. 2. Archaic. An agreement \nto compromise and settle an action in trespass. \n\"Concord is an Agreement made between two or more, \nupon a Trespass committed; and is divided into Concord \nexecutory, and Concord executed . .. one binds not, as \nbeing imperfect, but the other is absolute, and ties the \nParty.\" GilesJacob, A New Law-Dictionary (8th ed. 1762). \n\n330 concordat \n3. Archaic. An in-court agreement in which a person \nwho acquired land by force acknowledges that the land \nin question belongs to the complainant. See DEFORCE. \n\"Next comes the concord. or agreement itself. after leave \nobtained from the court; which is usually an acknowledg\nment from the deforciants (or those who keep the other \nout of possession) that the lands in question are the right \nof the complainant.\" 2 William Blackstone. Commentaries \non the Laws of England 350 (1766). \n4. Rist. The settlement of a dispute. \nfinal concord. A written agreement between the parties \nto an action by which they settle the action in court, \nwith the court's permission. Also termed finalis \nconcordia;final peace. \nconcordat (kon-or k;m-kor-dat). 1. An agreement \nbetween a government and a church, esp. the Roman \nCatholic Church. [Cases: Religious Societies"}
{"text": "1. An agreement \nbetween a government and a church, esp. the Roman \nCatholic Church. [Cases: Religious Societies C=29.] \n\"The qual ification of a treaty as a concordat depends only \nupon its object and purpose, not upon the name or outward \nform chosen by the parties. Although the term originally \nwas also used for treaties between States. it has increas\ningly become restricted to only those treaties concluded \nwith the Holy See.\" Heribert Franz Kock, \"Concordats,\" in 1 \nEncyclopedia of Public International Law 164 (1992). \n2. Rist. Eccles. law. An agreement between ecclesiasti\ncal persons concerning a benefice, such as a resignation \nor promotion. See BENEFICE. 3. An agreement between \nsecular persons or entities. \nconcordatory (k;m-kor-d<l-tor-ee), adj. Of or relating \nto a concordat, esp. one between church and state in \nFrance. \nConcordia discordantium canonum (kon-kor-dee-<l dis\nkor-dan-shee-am k<l-nohn-<lm). [Latin \"the harmony \nof the discordant canons\"] Rist. A collection of eccle\nsiastical authorities compiled by Gratian, an Italian \nmonk, ca. 1140. Gratian analyzed questions oflaw \nby drawing conclusions from side-by-side compari\nsons of a variety of texts. Later canonist scholarship \nusu. proceeded from Gratian's work. Also termed \nDecretum Gratiani; Decretum. \n\"Another body ofjurisprudence was coming into being. \nFrom humble beginnings the canon law had grown into a \nmighty system. Already it asserted its right to stand beside \nor above the civil law. The civil law might be the law of \nearth, ius soli; here was the law of heaven, ius poli. ... \nMany men had been endeavouring to state that law, but the \nfame of earlier labourers was eclipsed by that of Gratian. \nA monk of Bologna, that city which was the centre of the \nnew secular jurisprudence, he published ... a book which \nhe called Concordia discordantium canonum, but which \nwas soon to become for all mankind simply the Decretum \nCratiani, or yet more simply the Decretum. It is a great \nlaw-book. The spirit which animated its author was not that \nof a theologian. not that of an ecclesiastical ruler, but that \nof a lawyer .... The Decretum soon became an authorita\ntive text-book and the canonist seldom went behind it.... \nThe canonist had for it rather that reverence which English \nlawyers have paid to Coke upon Littleton ....\" 1 Frederick \nPollock & Frederic W. Maitland, The History ofEnglish Law \nBefore the Time ofEdward 1112-13 (2d ed. 1898). \nconcourse (kon-kors orkong-). Scots law. 1. The simulta\nneous existence oftwo actions based on the same facts, \nesp. a civil action and a criminal action; the concur\nrence ofa public prosecutor in a private prosecution. 2. The concurrence ofthe public prosecutor to a criminal \nprosecution by a private person. \n\"A private party may prosecute for the punishment of an \noffence perpetrated against himself, and for which the \npublic prosecutor may refuse to prosecute at the public \nexpense; but the concourse of the public prosecutor IS nec\nessary, and it cannot be refused; or if refused, the case may \nproceed at the instance of the private party. Concourse is \ndistinguished from Instance. In the former case the public \nprosecutor merely concurs or consents, whilst in the latter \ncase he is also a principal party prosecuting for the public \ninterest.\" Hugh Barclay, A Digest of the Law of Scotland \n162 (3d ed. 1865). \n3. A conflict among creditors or claimants. See CON\nCURSUS (1). \nconcubinage (kon-kyoo-ba-nij), n. (14c) 1. The relation\nship of a man and woman who cohabit without the \nbenefit ofmarriage. [Cases: Marriage 22,40(4).] \n2. The state of being a concubine. 3. Hist. A plea in \na dower action made by a defendant who asserts that \nthe plaintiff is the defendant's concubine rather than \nwife. \n\"Concubinage, in common Acceptation is the Keeping of \na Whore or Concubine: But in a legal Sense, it is used as \nan Exception against her that sueth for Dower, alledging \nthereby that she was not a Wife lawfully married to the \nParty, in whose Lands she seeks to be endowed, but his \nConcubine.\" Giles Jacob, A New LawDictionar-y(8th ed. \n1762). \nconcubinatus (kon-kyoo-bi-nay-tas), n. [Latin \"con\ncubinage\"] Roman law. A permanent, monogamous \nunion of a man and a woman who are not legally \nmarried. Concubinatus was not prohibited by law, \nbut carried fewer benefits than a legal marriage. Cf. \nJUSTAE NUPTIAE. \n\"[C]oncubinage (concubinatus) ... was something to which \nwe have no precise analogue in modern law, for. so far from \nbeing prohibited by the law. it was regulated thereby. being \ntreated as a lawful connexion. It is almost a sort of unequal \nmarriage (and is practically so described by some of the \njurists) existing between persons of different station the \nman of superior rank. the woman ofa rank so much inferior \nthat it is not to be presumed that his union with her was \nintended to be a marriage.\" James 8ryce, \"Marriage and \nDivorce under Roman and English Law,\" in 3 Select Essays \nin Anglo-American Legal History 806-07 (1909). \nconcubine (kong-kY<l-bm). 1. Archaic. A woman who \ncohabits with a man to whom she is not married . A \nconcubine is often considered a wife without title. A \nconcubine's status arises from the permanent cohab\nitation of a man and a woman as husband and wife \nalthough without the benefit ofmarriage. Cf. common\nlaw wife under WIFE; COURTESAN. [Cases: Marriage \n54(1).]2. Rist. Eccles. law. A secondary or inferior wife, \nusu. in a polygamous marriage, who lacks the full rights \nand privileges of the first wife . Although a concubine \nwas expected to serve all the functions of a legitimate \nwife, she had no authority in the family or household, \nand was denied certain legal protections. For instance, \nher husband could easily disown she had no dower \nrights, and her children could not inherit from their \nfather ifhe had children by his first wife. A concubine \nwas also barred from certain spiritual comforts, such \nas churching after the birth of a child. \n\n331 \nconcubitor (bn-kyoo-bi-tohr), n. One who keeps a con\ncubine. \nconcur (ko:ln-kar), vb. (15c) 1. To agree; to consent. 2. In \na judicial opinion, to agree with the judgment in the \ncase (usu. as expressed in the opinion ofanother judge), \nor the opinion ofanother judge, but often for different \nreasons or through a different line ofreasoning. 3. (Of \na house in a bicameral legislature) to accept an amend\nment passed by the other house. \n\"When a bill has been amended in the second house and \npassed with the amendment, it is returned by that house to \nthe house of its origin with a message stating the facts and \nrequesting the house where the bill originated to concur \nin the amendment,\" National Conference of State Legisla\ntures, Mason's Manual of Legislative Procedure  766, at \n553 (2000). \n4. Civil law. To join with other claimants in presenting \na demand against an insolvent estate. \nconcurator (kon-or bn-kyuur-o:l-to:lr). Civil law. A joint \nguardian or co-curator. See CURATOR. \nconcurrence. (15c) 1. Agreement; assent. 2. A vote cast \nby a judge in favor of the judgment reached, often on \ngrounds differing from those expressed in the opinion \nor opinions explaining the judgment. 3. A separate \nwritten opinion explaining such a vote. -Also termed \n(in sense 3) concurring opinion. [Cases: Courts C=108.] \n4. Acceptance by one house in a bicameral legislature \nofan amendment passed by the other house. \nconcurrency, n. 1. Archaic. The quality or fact ofbeing \nconcurrent in jurisdiction; joint right or authority. 2. \nCriminal procedure. An identical duration for two or \nmore criminal sentences assessed against the same \ndefendant. \nconcurrent, adj. (l4c) 1. Operating at the same time; \ncovering the same matters <concurrent interests>. 2. \nHaving authority on the same matters <concurrent \njurisdiction>. [Cases: Courts 489,510; Federal \nCourts <::::=> 1131.] \nconcurrent cause. See CAUSE (1). \nconcurrent condition. See CO!'lDITIO!'l (2). \nconcurrent consideration. See CONSIDERATION (1). \nconcurrent covenant. See COVE!'lANT (1). \nconcurrent estate. See ESTATE (1). \nconcurrent finding. See FINDING OF FACT. \nconcurrent interest. See concurrent estate under ESTATE \n(1 ). \nconcurrent jurisdiction. See JURISDICTION. \nconcurrent lease. See LEASE. \nconcurrent lien. See LIEN. \nconcurrent negligence. See NEGLIGENCE. \nconcurrent policy. See INSURANCE POLICY. \nconcurrent power. See POWER (3). \nconcurrent registration. Trademarks. The approved \nrecording of identical or similar marks by multiple \nowners ifeach mark was commercially used before the condedit \nowners applied for registration and the risk ofconsumer \nconfusion is slight.  The U.S. Patent and Trademark \nOffice may impose restrictions on each mark's use to \nprevent consumer confusion. [Cases: Trademarks \n1247,1288.] \nconcurrent remedy. See REMEDY. \nconcurrent representation. See REPRESE!'lTATIO!'l (2). \nconcurrent resolution. See RESOLUTION (1). \nconcurrent-sentence doctrine. (1969) The principle that \nan appellate court affirming a conviction and sentence \nneed not hear a challenge to a conviction on another \ncount if the conviction on the other count carries a \nsentence that is equal to or less than the affirmed con\nviction. [Cases: Criminal Law C':::;) 1177.3(l).] \nconcurrent sentences. See SENTENCE. \nconcurrent tortfeasors. See TORTFEASOR. \nconcurrent writ. See WRIT. \nconcurring opinion. See CONCURRENCE (3). \nconcurso (kon-or ko:ln-kar-soh), n. [Latin lit. \"to run \nhither and thither\"] Civil law. An action in which a \ncreditor seeks to enforce a claim against an insolvent \ndebtor. \nconcursus (kon-or k\"n-kar-so:ls). [Latin \"a running \ntogether\"] 1. Civil & Scots law. A proceeding in which \ntwo or more creditors claim, usu. adversely to each \nother, an interest in a fund or estate so that they can \nsort out and adjudicate all the claims on the fund. See \nCONCOURSE (3). 2. Civil law. INTERPLEADER. 3. Eccles. \nlaw. An examination to determine a person's fitness \nfor parochial office. \nconcursus debit; et crediti (bn-kar-so:ls deb-i-tI et cred\ni-U). [Law Latin] Scots law. A running together ofdebt \nand credit. .1he phrase appears in reference to require\nments for supporting a plea ofcompensation. \n\"Concursus debiti et crediti .... This is necessary to found \na plea of compensation, for the parties must be debtor and \ncreditor, each in his own right and at the same time. Thus, \nif A sue B for payment of a debt due by him, B may plead \nin compensation a debt due to him by A, and here there is \nthe necessary concurrence. But, if the firm of which A is a \npartner suing B for a debt due by him to them, be met by \nthe plea of compensation by B, on the ground of a private \ndebt due by A, the plea will not be sustained, for there is \nno concursus; a company being regarded by the law as a \nseparate person.\" John Trayner, Trayner's Larin Maxims \n88-89 (4th ed. 1894). \nconcursus in delicto (kon-or bn-br-s;Js in d\"-lik-toh). \n[Latin] Cooperation in crime. \nconcussio (ko:ln-bsh-ee-oh), n. [Latin] Roman law. The \noffense ofextorting money or gifts by threat ofviolence. \n In modern civil-Jaw contexts, the term is often angli\ncized to concussion. -concuss, vb. \nconcussionary. Archaic. A person who extorts from \nothers under guise of authority; one who practices \nconcussion. \ncondedit (ko:ln-dee-dit or -ded-it). [Latin \"he made (a \nwill)\"] Eccles. law. A defensive plea filed by a party in \nresponse to an ecclesiastical- court libel (Le., complaint) \n\n332 condemn \nquestioning the veracity ofa will or the competency of \nthe testator. -Also spelled condidit. \ncondemn, vb. (14c) 1. To judicially pronounce (someone) \nguilty. 2. To determine and declare (property) to be \nassigned to public use. See EMINENT DOMAIN. 3. To \nadjudge (a building) as being unfit for habitation. 4. \nTo adjudge (food or drink) as being unfit for human \nconsumption. 5. Maritime law. To declare (a vessel) to \nbe forfeited to the government, to be a prize, or to be \nunfit for service. \ncondemnation (kon-dem-nay-shan), n. (14c) 1. The act \nofjudicially pronouncing someone guilty; conviction. \n2. The determination and declaration that certain \nproperty (esp. land) is assigned to public use, subject \nto reasonable compensation; the exercise of eminent \ndomain by a governmental entity. See EMINENT \nDOMAIN. \nexcess condemnation. (1921) A taking ofland in excess "}
{"text": "entity. See EMINENT \nDOMAIN. \nexcess condemnation. (1921) A taking ofland in excess \nofthe boundaries ofthe public project as designed by \nthe condemnor. [Cases: Eminent Domain (;:::058.] \ninverse condemnation. (1932) An action brought by a \nproperty owner for compensation from a governmen\ntal entity that has taken the owner's property without \nbringing formal condemnation proceedings. Also \ntermed constructive condemnation; reverse condem\nnation. [Cases: Eminent Domain \nquick condemnation. (1918) The immediate taking of \npossession of private property for public use, whereby \nthe estimated compensation is depOSited in court or \npaid to the condemnee until the actual amount of \ncompensation can be established. -Also termed \nquick-take. [Cases: Eminent Domain 188.) \n3. An official pronouncement that a building is unfit \nfor habitation; the act of making such a pronounce\nment. 4. The official pronouncement that a thing (such \nas food or drink) is unfit for use or consumption; the \nact of making such a pronouncement. [Cases: Health \n(;:::0392.]5. Maritime law. The declaration that a vessel \nis forfeited to the government, is a prize, or is unfit for \nservice. \ncondemnation blight. 1. The reduction in value that the \nproperty targeted for condemnation suffers in antici\npation of the taking. 2. The physical deterioration of \nproperty targeted for condemnation in anticipation of \nthe taking. [Cases: Eminent Domain (;:::0 124.] \ncondemnation money. (18c) 1. Damages that a losing \nparty in a lawsuit is condemned to pay. 2. Compensa\ntion paid by an expropriator ofland to the landowner \nfor taking the property. \ncondemnatory (kan-dem-n;}-tor-ee), adj. (16c) 1. Con\ndemning; expressing condemnation or censure. 2. Of \nor relating to the use ofeminent domain or expropria\ntion. \ncondemnee (kon-dem-nee). (1890) One whose property \nis expropriated for public use or taken by a public\nworks project. condemnor (kon-dem-nor or bn-dem-nar). (1890) A \nperson or entity that expropriates property for public \nuse. Also spelled condemner (kan-dem-nar). \ncondensate. See DISTILLATE (1). \ncondescendence (kon-di-sen-d;mts), n. Scots law. A \nstatement of facts in a civil pleading, set out in consec\nutively numbered paragraphs, that the claimant relies \non to justify the claim. \ncondictio (k;m-dik-shee-oh), n. [fro Latin condicere \"to \ndemand back\"] Roman & civil law. A personal action \nin the nature of demanding something back; an action \nofdebt. -In the sense here used, debt must be under\nstood broadly to cover not only contractual but also \nquasi-contractual or tort claims. Condictio is usu. \nfounded on an obligation to give or do a certain thing \nor service. -Also termed condiction; action ofdebt. Pl. \ncondictiones (kan-dik-shee-oh-neez). -condictitious, \ncondictious adj. \n\"Condiction was a form of legal procedure ... first applied \nto the recovery of a loan of a definite sum of money, and \nafterwards applied to a loan of other things ('fungibles') \nwhere the return of the loan was required in quantity and \nquality, but not the identical things; in fact, where the \nborrower undertook to repay not thiS, but so much of the \narticle and quality received. When condiction was applied \nto such things, it was said to be called triticaria ('relating to \nwheat') from one of the most important subjects, but this \naction (condictio triticaria) was afterwards extended so as \nto include all cases where things certain, other than coined \nmoney, were redemanded. In practice the term triticaria \nwas not used, or Justinian has cut it out.\" 2 Henry John \nRoby, Roman Private Law 76 (1902). \n\"The principal actio stricti juris was the condictio, a general \nterm with many applications. It might be brought for a \ncertain sum of money (condictio certae pecuniae), or for \nsome other certain thing (condictio triticaria), or to assert \nan illiquid claim (condictio incerti). The various forms of \ncondictio were also distinguished according to the cause \nwhich gave rise to them, as condictio furtiva, condictio \nindebiti, and others ....\" R.W. Lee, The Elements of Roman \nLaw 435 (4th ed. 1956). \ncondictio causa data, causa non secuta (k,m-dik\nshee-oh kaw-za day-ta, kaw-za non is-kyoo-t~). [Latin \n\"claim for recovery, consideration having been given \nbut consideration not having followed\"] Roman & \ncivil law. An action for recovery ofmoney paid when \nthe consideration for the payment has not been fur\nnished. The classic case in Scotland concerned an \nadvance payment for ship's engines: war broke out, \nthe engines were requisitioned but never supplied, \nand the payment was held to be recoverable. PI. con\ndictiones causa data, causa non secuta. \ncondictio cert; (bn-dik-shee-oh S3r-tr). [Latin \"claim \nfor recovery of a certain sum or thing\"] An action \nbased on a promise to do a thing, where the promise \nis certain. \ncondictio ex causa furtiva (bn-dik-shee-oh eks \nkaw-za f;}r-tJ-va). See condictia rei furtivae. \ncondictio ex lege (bn-dik-shee-oh eks lee-jee). [Latin \n\"claim for recovery under a statute\"] An action arising \nwhere a statute creates an obligation but provides no \nremedy. \n\ncondictio furtiva (kcm-dik-shee-oh fdr-tI-vd). See con\ndictio reifurtivae. \ncondictio incerti (kdn-dik-shee-oh in-Sdr-tI). [Latin \n\"claim for recovery of an uncertain amount\"] An \naction to recover an uncertain amount. \ncondictio indebiti (kan-dik-shee-oh in-deb-a-tr). [Latin \n\"claim for recovery of something not due\"] An action \nto prevent the unjust enrichment ofa defendant who \nhad received money or property from the plaintiff \nby mistake. -Also termed actio condictio indebiti \n(though strictly speaking this is a solecism). \ncondictio ob rem dati, re non secuta (kan-dik-shee-oh \nahb rem day-tI, ree non si-kyoo-t.:l). [Latin \"personal \nclaim based on a transfer made for a purpose that \nhas failed\"] Roman law. A condiction for something \nhanded over for a purpose that has failed, as for the \nsettlement ofa lawsuit when in fact the lawsuit has \nnevertheless continued. \ncondictio ob turpem vel injustam causam (kan-dik\nshee-oh ahb tdr-p.:lm vel in-jds-t.:lm kaw-z.:lm). [Latin \n\"personal claim based on an immoral or illegal cause\"] \nRoman law. A personal claim by an innocent party \nto recover money or property paid for an immoral or \nillegal purpose. -Sometimes shortened to condictio \nob turpem causam. \n\"The condictio ob turpem vel iniustCim CCiusam lay where the \npayment or conveyance had been made for an immoral or \nillegal purpose (e.g. to induce the recipient not to commit \na crime, or to return what he had borrowed and was \nwrongfully refusing to return). But the plaintiff must not \nbe equally tainted by the 'turpitude,' as he would be, for \nexample, if the payment had been made to induce the \nrecipient to commit a crime.\" Barry Nicholas, An Introduc\ntion to Roman Law 230 (1962). \ncondictio rei furtivae (k<'ln-dik-shee-oh ree-I f.:lr-tI\nvee). [Latin \"claim for recovery ofa stolen thing\"] An \naction to recover a stolen thing or its value ifthe thing \ncould not be returned. - A condictio rei furtivae could \nbe brought by an owner or pledgee against the thief \nor the thief's heirs. -Also termed condictio furtiva; \ncondictio ex causa furtiva. \ncondictio sine causa (bn-dik-shee-oh sl-nee kaw-zd). \n[Latin \"claim for recovery of money or a thing given \nwithout consideration\"] An action for the recovery \nofproperty transferred without consideration and in \ncontemplation of a specific event that did not occur, \nsuch as a dowry made in view of a marriage that does \nnot take place. \ncondictio triticaria (bn-dik-shee-oh trr-ti-kair-ee-.:l). \n[Latin \"claim for recovery of wheat\"] An action for \nthe recovery of a specified quantity of a named com\nmodity. \ncondidit. See CONDEDIT. \ncondign justice. See JUSTICE (1). \nconditio (kan-dish-ee-oh). [Latin] A condition. \nconditio sine qua non. See SINE QUA NON. \nconditio si sine liberis decesserit (k.:ln-dish-ee-oh 81 \nsl-nee lib-dr-is di-ses-dr-it). [Latin \"the condition ifhe should have died childless\"] Roman law. An express \nor implied clause in a will providing that ifthe heir or \nlegatee dies childless, the property is to go to another \nperson, such as the testator's own descendants. \ncondition, n. (14c) 1. A future and uncertain event on \nwhich the existence or extent of an obligation or lia\nbility depends; an uncertain act or event that triggers \nor negates a duty to render a promised performance. \n-For example, ifJones promises to pay Smith $500 \nfor repairing a car, Smith's failure to repair the car (an \nimplied or constructive condition) relieves Jones of the \npromise to pay. [Cases: Contracts C=)218-227.] \n\"'Condition' is used in this Restatement to denote an event \nwhich qualifies a duty under a contract. It is recognized that \n'condition' is used with a wide variety of other meanings in \nlegal discourse. Sometimes it is used to denote an event \nthat limits or qualifies a transfer of property. In the law \nof trusts, for example, it is used to denote an event such \nas the death of the settlor that qualifies his disposition \nof property in trust. Sometimes it is used to refer to a \nterm in an agreement that makes an event a condition, or \nmore broadly to refer to any term in an agreement (e.g., \n'standard conditions of sale'). For the sake of precision, \n'condition' is not used here in these other senses.\" Restate\nment (Second) of Contracts  224. cmt. a (1981). \n\"Strictly, a condition is a fact or event on the occurrence \nof which some legal right or duty comes into existence; a \nparty may promise that this fact is so, or that the event will \ntake place, but it is equally possible that no party to the \ncontract promises this. An insurance company promises to \npay 10,000 to an insured person if his house is destroyed \nby fire; the destruction of the house by fire is a condition \nof the insurer's promise to pay, but neither party promises \nto burn the house.\" P.S. Atiyah, An Introduction to the Law \nof Contract 146 (3d ed. 1981). \n\"Promises and the duties they generate can be either \nunconditional (,I promise to pay you $100,000') or condi\ntional ('I promise to pay you $100,000 if your house burns \ndown'). Lawyers use condition in several senses. Sometimes \nthey use it to refer to the term in the agreement that makes \nthe promise conditional. ... However, lawyers also use \ncondition to refer to an operative fact rather than to a term. \nAccording to the Restatement Second a condition is 'an \nevent, not certain to occur, which must occur, unless occur \nrence is excused, before performance under a contract \nbecomes due.' This use of the word has the support of \nleading writers.\" E. Allan Farnsworth, Contracts  8.2, at \n519-20 (3d ed. 1999). \n2. A stipulation or prerequisite in a contract, will, \nor other instrument, constituting the essence of the \ninstrument. _ If a court construes a contractual term \nto be a condition, then its untruth or breach will entitle \nthe party to whom it is made to be discharged from all \nliabilities under the contract. [Cases: Contracts \n2l8-227; Wills C=>639-668.] \naffirmative condition. See positive condition. \ncasual condition. Civil law. A condition that depends \non chance; one that is not within the power of either \nparty to an agreement. \ncollateral condition. A condition that requires the per\nformance of an act haVing no relation to an agree\nment's main purpose. \ncompulsory condition. (1876) A condition expressly \nrequiring that a thing be done, such as a tenant's \npaying rent on a certain day. \n\n334 condition \nconcurrent condition. (1840) A condition that must \noccur or be performed at the same time as another \ncondition, the performance by each party separately \noperating as a condition precedent; a condition that \nis mutually dependent on another, arising when the \nparties to a contract agree to exchange performances \nsimultaneously. -Also termed condition concurrent. \n[Cases: Contracts \n\"Conditions concunent are acts that the parties to a \ncontract are under duties of performing concurrently, the \nact of each party being separately operative as a condition \nprecedent. The act is not concurrent with the legal relation \naffected, but only with the act of the other party.\" William \nR. Anson, Principles ofthe Law ofContract 412-13 (Arthur \nL Corbin ed., 3d Am. ed. 1919). \ncondition implied by law. See constructive condition. \ncondition implied in law. See constructive condition. \ncondition precedent (pr<l-seed-;mt also pres-a-dant). \n(1818) An act or event, other than a lapse oftime, that \nmust exist or occur before a duty to perform some\nthing promised arises . Ifthe condition does not \noccur and is not excused, the promised performance \nneed not be rendered. The most common condition \ncontemplated by this phrase is the immediate or \n"}
{"text": "not excused, the promised performance \nneed not be rendered. The most common condition \ncontemplated by this phrase is the immediate or \nunconditional duty of performance by a promisor. \n[Cases: Contracts C=:c221.] \n\"Before one gets too confused by the precedent and sub \nsequent classifications, it might be helpful to know that in \ncontract law there is no substantive difference between the \ntwo.... However, in the area of pleading and procedure \nsignificance may be placed upon the difference between \na condition precedent and subsequent in terms of who \nhas the burden of pleadi ng and proof, the party seeking \nto enforce the promise usually being required to plead \nand prove a condition precedent and the party seeking \nto avoid liability for breach of promise sometimes being \nrequired to plead and prove the occurrence of the condi \ntion subsequent that would terminate his duty.\" Claude \nRohwer & Gordon D. Schaber, Contracts in a Nutshell 313 \n(4th ed. 1997). \ncondition subsequent. (1818) A condition that, if it \noccurs, will bring something else to an end; an event \nthe existence of which, by agreement of the parties, \ndischarges a duty of performance that has arisen. \n[Cases: Contracts C=>226.] \n\"If ... the deed or will uses such words as 'but if,' 'on \ncondition that,' 'provided, however,' or 'if, however,' it will \ngenerally be assumed that a condition subsequent was \nintended.\" Thomas F. Bergin & Paul G. Haskell, Preface to \nEstates in Land and Future Interests 50 (2d ed. 1984). \nconstructive condition. A condition contained in an \nessential contractual term that, though omitted by \nthe parties from their agreement, a court has supplied \nas being reasonable in the circumstances; a condition \nimposed by law to do justice. The cooperation of \nthe parties to a contract, for example, is a construc\ntive condition. Also termed implied-in-law condi\ntion; condition implied by law; condition implied in \nlaw. Cf. implied-in-fact condition. [Cases: Contracts \n~220.] \n\"[C]onstructive conditions are imposed by law to do \njustice.... The dividing line between an express con \ndition ... and constructive conditions is often quite indistinct. Yet, the distinction is often of crucial impor' \ntance. The general rule governing an express condition is \nthat it must be strictly performed. The general rule as to \nconstructive conditions is that substantial compliance is \nsufficient.\" John D. Calamari &Joseph M. Perillo, The Law \nofContracts  11.8, at 402 (4th ed. 1998). \ncopulative condition (kop-Y<l-l<l-tiv or -lay-tiv). A con\ndition requiring the performance of more than one \nact. Cf. disjunctive condition; single condition. \ndependent condition. A mutual covenant that goes to \nthe consideration on both sides ofa contract \ndisjunctive condition. A condition requiring the per\nformance ofone of several acts. Cf. copulative condi\ntion; single condition. \ndissolving condition. See resolutory condition. \nexpress condition. (16c) 1. A condition that is the mani\nfested intention ofthe parties. [Cases: Contracts \n219.] \n\"[E]xpress conditions ... are conditions created through \nthe agreement of the parties. This is so whether the inten \ntion to have the duty subject to a condition be manifested \nin words, or through any other conduct or type of utter \nance.\" John Edward Murray Jr., Murray on Contracts  143, \nat 290 (2d ed. 1974). \nprecondition. A stipulated act or event that must occur \nbefore either party to a contract will be bound by the \ncontract; a prerequisite. [Cases: Contracts C=: 221.] \n2. A condition that is explicitly stated in an instru\nment; esp., a contractual condition that the parties have \nreduced to writing. [Cases: Contracts (;:::::>218.] \nimplied condition. (17c) A condition that is not \nexpressly mentioned, but is imputed by law from \nthe nature of the transaction or the conduct of the \nparties to have been tacitly understood between them \nas a part of the agreement. See constructive condi\ntion; implied-in-fact condition. [Cases: Contracts \n220.] \nimplied-iniact condition. A contractual condition that \nthe parties have implicitly agreed to by their conduct \nor by the nature ofthe transaction. Cf. constructive \ncondition. [Cases: Contracts ~220.] \nimplied-in-law condition. See constructive condition. \ninherent condition. A condition that is an intrinsic \npart of an agreement; a condition that is not newly \nimposed but is already present in an agreement. \nlawful condition. A condition that can be fulfilled \nwithout violating the law. \nmixed condition. Civil law. A condition that depends \neither on the will ofone party and the will of a third \nperson, or on the will of one party and the happening \nofa causal event. \nnegative condition. (17c) A condition forbidding a \nparty from doing a certain thing, such as prohibiting \na tenant from subletting leased property; a promise \nnot to do something, usu. as part of a larger agree\nment. See negative easement under EASEMENT. \nAlso termed restrictive condition. \n\n335 \npositive condition. A condition that requires some act, \nsuch as paying rent. Also termed affirmative con\ndition. \npotestative condition (poh-tes-td-tiV). Civil law. A \ncondition that will be fulfilled only if the obligated \nparty chooses to do so. _ Louisiana no longer uses \nthis term, instead providing that this type of condi\ntion will render the obligation null. La. Civ. Code art. \n1770. Cf. suspensive condition; resolutory condition. \n[Cases: Contracts (;:::;, 10.] \npreexisting condition. Insurance. A physical or mental \ncondition evident during the period before the effec\ntive date of a medical-insurance policy. _ Typically, \ncoverage for later treatment for such a condition is \nexcluded if symptoms of the condition were present \nduring the period before the policy was effective. \n[Cases: Insurance \npromissory condition. A condition that is also a \npromise. \n\"The distinction between a condition which is also a \npromise, and a condition which is not the subject of a \npromise, is often one of great difficulty and importance, \nespecially where the term is implied and not expressed, \nand it is unfortunate that legal usage has sanctioned the \nword 'condition' for two such different concepts. It would \nat least be desirable if lawyers could be persuaded to refer \nto conditions which are the subject of a promise as 'prom\nissory conditions', a usage which it is proposed to adopt \nhere.\" P.S. Atiyah, An Introduction to the Law of Contract \n147 (3d ed. 1981). \nresolutory condition (rd-zol-y;Hor-ee). Civil law. A \ncondition that upon fulfillment terminates an already \nenforceable obligation and entitles the parties to be \nrestored to their original positions. Also termed \nresolutive condition; dissolving condition. Cf. potestat\nive condition. \nrestrictive condition. See negative condition. \nsingle condition. A condition requiring the perfor\nmance of a specified thing. Cf. copulative condition; \ndisjunctive condition. \nsuspensive condition. Civil law. A condition that makes \nan obligation mandatory only if a specified but uncer\ntain event occurs. Cf. potestative condition. [Cases: \nContracts \ntestamentary condition. A condition that must be sat\nisfied before a made in a will becomes effective. \n[Cases: Wills \"r'~V.U-\ntriggering condition. A circumstance that must exist \nbefore a legal doctrine applies; esp., in criminal law, \na circumstance that must exist before an actor will be \nentitled to a justification defense. \nunlawful condition. A condition that cannot be ful\nfilled without violating the law. \n3. Loosely, a term, provision, or clause in a contract. \n[Cases: Sales 85(1); Vendor and Purchaser \n'This term condition is generally used to describe any fact, \nsubsequent to the formation of a contract, which operates \nto make the duty of a promisor immediately active and \ncompelling. Such a fact may be described as such in a term \nof the contract or it may not. In either event, the term of conditional fee agreement \nthe contract should not itself be called the condition . ... \nIt is not uncommon, popularly, to speak of a condition \nof the contract as synonymous with term or provision of \nthe contract. This should be avoided.\" William R. Anson, \nPrinciples of the Law ofContract 226 n.l (Arthur L. Corbin \ned., 3d Am. ed. 1919). \n'The word 'condition' is used in the law of property as \nwell as in the law of contract and it is sometimes used in a \nvery loose sense as synonymous with 'term,' 'provision,' \nor 'clause.' In such a sense it performs no useful service.\" \nId. at 409. \n4. A qualification attached to the conveyance of \nproperty providing that if a particular event does or \ndoes not take place, the estate will be created, enlarged, \ndefeated, or transferred. 5. A state of being; an essential \nquality or status. -condition, vb. \nartificial condition. A physical characteristic of real \nproperty, brought about by a person's affirmative act \ninstead ofby natural forces. \ndangerous condition. (1850) 1. A property defect \ncreating a substantial risk of injury when the property \nis used in a reasonably foreseeable manner. _ A dan\ngerous condition may result in waiver of sovereign \nimmunity. [Cases: Automobiles Municipal \nCorporations (;:::;,847; Negligence 1086.] 2. A \nproperty risk that children, because oftheir immatu\nrity, cannot appreciate or avoid. Cf. attractive nuisance \nunder NUISANCE. [Cases: Negligence (;:::;, 1016, 1067.] \nconditional, adj. Subject to or dependent on a condition \n<a conditional sale>. \nconditional acceptance. See ACCEPTANCE (4). \nconditional adjournment. See ADJOURNMENT. \nconditional admissibility. See ADMISSIBILITY. \nconditional assault. See ASSAULT, \nconditional assignment. See ASSIGNMENT (2). \nconditional bequest. See BEQUEST. \nconditional contraband. See CONTRABAND. \nconditional contract. See CONTRACT. \nconditional conveyance. See CONVEYANCE. \nconditional covenant. See COVENANT (1). \nconditional creditor. See CREDITOR. \nconditional delivery. See DELIVERY. \nconditional devise. See DEVISE. \nconditional divorce. See conversion divorce under \nDIVORCE. \nconditional duty. See DUTY (1). \nconditional estate. See estate on condition under ESTATE \n(1). \nconditional fee. 1. Seefee simple conditional under FEE \nSIMPLE. 2. See CONTINGENT FEE. \nconditional fee agreement. English law. A contract \nbetween a lawyer and a client that provides for the \nlawyer to receive a fee only if the client wins the case. \n Unlike American contingent-fee arrangements, the \nlawyer does not receive a percentage of the damages \n\nawarded but instead charges the client a base fee plus \na success which is usu. calculated as a percentage \nof up to 100% ofthe base fee. See success fee under HE \n(1). \nconditional guaranty. See GUARANTY. \nconditional indorsement. See INDORSEMENT. \nconditional judgment. See JUDGMENT. \nconditional legacy. See LEGACY. \nconditional limitation. See LIMITATION. \nconditionally privileged communication. See COMMU\nNICATION. \ncondition'al obligation. See OBLIGATION. \nconditional pardon. See PARDON. \nconditional payment. See PAYMENT. \nconditional plea. See PLEA (1). \nconditional presumption. See rebuttable presumption \nunder PRESUMPTION. \nconditional privilege. See qualified privilege under PRIV\nILEGE (1). \nconditional promise. See PROMISE. \nconditional proof. See PROOF. \nconditional purpose. (16c) 1. An intention to do some\nthing, conditions permitting. 2. Criminal law. A \npossible defense against a crime ifthe conditions make \ncommitting the crime impossible (e.g., \"I will steal the \nmoney if it's there,\" and the money is not there). \nconditional release. See RELEASE. \nconditional revocation. See DEPENDENT RELATIVE \nREVOCATION. \nconditional right. See RIGHT. \nconditional sale. See SALE. \nconditional sales contract. See retail installment contract \nunder CONTRACT. \nconditional sentence. See SENTENCE. \nconditional use. See USE (1). \nconditional-use permit. See SPECIAL-USE PERMIT. \nconditional will. See WILL \nconditional zoning. See ZONING. \ncondition concurrent. See concurrent condition under \nCONDITION (2). \ncondition implied by law. See constructive condition \nunder CONDITION (2). \ncondition implied in law. See constructive condition \nunder CONDITION (2). \nconditioning the market. See GUN-JUMPING. \ncondition ofemployment. (1875) A qualification or cir\ncumstance required for obtaining or keeping a job. \ncondition precedent. See CONDITION (2). \nconditions of sale. (16c) The terms under which an \nauction will be conducted . The conditions of sale \nare usu. placed in the auction room for public viewing before the sale. [Cases: Auctions and Auctioneers \n7.] \ncondition subsequent. See CONDITION (2). \ncondominia (kon-d~-min-ee-~). Civil law. Coowner\nships or limited ownerships . Condominia are con\nsidered part of the dominium ofthe property, and thus \nare more than mere rights in the property (Le., jure \nin re aliena); examples of condominia include emphy\nteusis, superficies, pignus, hypotheca, usufructus, usus, \nand habitatio. \ncondominium (kon-d;:)-min-ee-;:)m). (1962) 1. Owner\nship in common with others. 2. A Single real-estate \nunit in a multi-unit development in which a person \nhas both separate ownership ofa unit and a common \ninterest, along with the development's other owners, in \nthe common areas. Cf. COOPERATIVE (2). PI. (for sense \n2) condominiums. [Cases: Condominium \n\"The condominium concept is not new, despite its rela\ntively recent introduction in the United States. Owner\nship of individual units in buildings can be traced back \nto ancient Babyl"}
{"text": "its rela\ntively recent introduction in the United States. Owner\nship of individual units in buildings can be traced back \nto ancient Babylon; it was quite common in ancient Rome \nand in medieval Europe. The earliest condominium statute \nis Article 664 of the Code Napoleon of 1804, a very brief \nprovision which was later substantially expanded. Condo\nminium statutes were adopted in most nations in Europe, \nand in Central and South America, before any were adopted \nin the United States.\" Roger A, Cunningham et al.. The Law \nof Property  2.2, at 34 n.26 (2d ed. 1993). \n3. Joint sovereignty by two or more nations. 4. A politi\ncally dependent territory under such sovereignty. PI. \ncondominia (senses 3 & 4). \ncondonation (kon-dd-nay-shdn), n. (17c) 1. A victim's \nexpress or (esp.) implied forgiveness of an offense, esp. \nby treating the offender as ifthere had been no offense. \n Condonation is not usu. a valid defense to a crime. 2. \nOne spouse's express or implied forgiveness of a marital \noffense by resuming marital life and sexual intimacy. \n For example, one spouse might impliedly forgive the \nother spouse's infidelity by continuing to live with him \nor her. Ifadultery is charged as a ground for divorce and \ncondonation is proved, the forgiving spouse is barred \nfrom proofofthat offense. Cf. COLLUSION (2); CONNIV~ \nANCE (2); RECRIMINATION (1); RECONCILIATION. [Cases: \nDivorce C:::>47.J \ncondone (bn-dohn), vb. To voluntarily pardon or \noverlook (esp. an act ofadultery). -condonable (bn\ndohn-~-b;:)l), adj. \nconducere aliquidfaciendum (bn-d[y]oo-s;}-ree al-i\nkwid fay-shee-en-dam). [Latin] Roman law. To bind \noneself to perform work for pay. Cf. LOCARE ALIQUID \nFACIENDUM. \nconducere aliquid utendum (kan-d[y]oo-sa-ree al-i-kwid \nyoo-ten-dam). [Latin] Roman law. To pay for the use of \nan object; to hire. Cf. LOCARE ALIQUID UTENDUM. \nconduct, n. (1Sc) Personal behavior, whether by action \nor inaction; the manner in which a person behaves . \nConduct does not include the actor's natural death or \na death that results from behavior consciously engaged \nin but not reasonably expected to have this result. \nconduct, vb. \n\n337 \n\"The word 'conduct' ... covers both acts and omissions.... \nIn cases in which a man is able to show that his conduct, \nwhether in the form of action or of inaction, was invol \nuntary, he must not be held liable for any harmful result \nproduced by it ....\" j.W. Cecil Turner, Kenny's Outlines of \nCriminal Law 13 n.2, 24 (16th ed. 1952). \nactive conduct. Behavior that involves a person doing \nsomething by exerting will on the external world. Cf. \npassive conduct. \nassertive conduct. (1968) Evidence. Nonverbal behavior \nthat is intended to be a statement. such as pointing \none's finger to identify a suspect in a police lineup. _ \nAssertive conduct is a statement under the hearsay \nrule, and' thus it is not admissible unless a hearsay \nexception applies. Fed. R. Evid. 801(a)(2). Also \ntermed implied assertion. [Cases: Criminal Law \n419(2.10); Evidence (~314(I).1 \ncontumacious conduct (kon-t[y]oo-may-shds). A \nwillful disobedience of a court order. See CONTU\nMACY. [Cases: Contempt (''::::.20.] \ndisorderly conduct. (I7c) Behavior that tends to disturb \nthe public peace, offend public morals, or undermine \npublic safety. See BREACH OF THE PEACE. [Cases: Dis\norderly Conduct ('..r~ 103, 105.] \n\"At common law there was no offense known as disorderly \nconduct, although the offense of breaching the peace made \nmany public disturbances criminal. In addition, this offense \ncould be based on behavior that might cause another to \nrespond in a violent manner even though the party gUilty \nof the breach of the peace acted quietly or secretly, as when \na person challenged someone to a duel. The enactment \nof statutes making disorderly conduct punishable went \nbeyond the commonlaw notion of a breach of the peace \nby including behavior that merely tended to disturb the \nsafety, health, or morals of others or that was intended \nonly to annoy another. Further definitions were added \nlater.\" Francis Barry McCarthy, \"Vagrancy and Disorderly \nConduct,\" in 4 Encyclopedia ofCrime and Justice 1589, 1589 \n(Sanford H. Kadish ed., 1983). \ndisruptive conduct. (1959) Disorderly conduct in the \ncontext of a governmental proceeding. See CONTEMPT. \n[Cases: Disorderly Conduct ~116.] \nnonassertive conduct. (1965) Evidence. Nonverbal \nbehavior that is not intended to be a statement, such \nas fainting while being questioned as a suspect by a \npolice officer. _ Nonassertive conduct is not a state\nment under the hearsay rule, and thus it is admissible. \nFed. R. Evid. 801. [Cases: Criminal LawC=A19(2.l0); \nEvidence ~314(1).J \noutrageous conduct. (I8c) Conduct so extreme that it \nexceeds all reasonable bounds ofhuman See \nEMOTIONAl. DISTRESS. [Cases: Damages \npassive conduct. Behavior that does not involve exerting \nwill on the external world. Cf. active conduct. \ntortious conduct. An act or omission that subjects the \nactor to liability under the principles of tort law. \nunduly dangerous conduct. See unreasonably danger\nous conduct. \nunprofessional conduct. (1836) Behavior that is \nimmoral, unethical, or dishonorable, esp. when \njudged by the standards of the actor's profession. confarreatio \nunreasonably dangerous conduct. Conduct that \ninvolves undue risk under the circumstances. \nSometimes shortened to dangerous conduct. Also \ntermed unduly dangerous conduct. \nwrongful conduct. (1807) An act taken in violation ofa \nlegal duty; an act that unjustly infringes on another's \nrights. -Also termed wrongful act. [Cases: Torts <> \n107,218.] \nconductio (kan-d;}k-shee-oh), n. [Latin \"a hiring\"] Roman \nlaw. The hiring or leaSing of services or property. PI. \nconductiones (bn-ddk-shee-oh-neez). See locatio con\nductio under LOCATIO. \nconduct money. See witness fee under FEE (1). \nconductor (kdn-d;}k-tdr or -tor), n. [Latin one who \nhires\"] Roman law. 1. A lessee or a person who hires the \nservices ofanother; a hirer. 2. A person hired to make a \nspecific work; a contractor. - A contractor, esp. for the \nprovision ofpublic services, was also called manceps or \nredemptor. See MANCEPS; LOCATOR (1). \nconductor operarum (bn-d;}k-tdr [or -tor] OP-d\nrair-dm). [Latin \"a hirer oflabor\"] Roman law. A person \nwho hires another's labor, esp. manual labor, at a stated \nprice; an employer. \nconductus (kdn-d<lk-tds), n. [fro Latin conducere \"to hire\"] \nRoman law. A person or thing hired by a conductor. \nconduit taxation. See pass-through taxation under \nTAXATION. \nconfarreatio (kdn-far-ee-ay-shee-oh), n. [Latin] Roman \nlaw. A religiOUS ceremony used to wed members ofthe \nPatrician class in ancient Rome. -By this ceremony, the \nwife was brought into the husband's family and placed \nunder the husband's protection (manus). See MANUS \n(1). Cf. COEMPTIO; USUS (3). PI. confarreationes (kdn\nfar-ee-ay-shee-oh-neez). \n\"Anciently, there were three modes in which marriage \nmight be contracted according to Roman usage, one involv \ning a religious solemnity, the other two the observance of \ncertain secular formalities. By the religious marriage of \nConfarreation; by the higher form of civil marriage, which \nwas called Coemption; and by the lower form, which was \ntermed Usus, the Husband acquired a number of rights \nover the person and property of his wife, which were on \nthe whole in excess of such as are conferred on him in any \nsystem of modern jurisprudence. But in what capacity did \nhe acquire them? Not as Husband, but as Father. By the \nConfarreation, Coemption, and Usus, the woman passed in \nmanum viri, that is, in law she became the Daughter of her \nhusband. She was included in his Patria Potestas .... These \nthree ancient forms of marriage fell, however, gradually \ninto disuse, so that, at the most splendid period of Roman \ngreatness, they had almost entirely given place to a fashion \nof wedlock -old apparently, but not hitherto considered \nreputable -which was founded on a modification of the \nlower form of civil marriage.\" Henry S. Maine, Ancient Law \n149 (10th ed. 1884). \n\"Confarreatio was a religious ceremony performed in the \nhouse of the bridegroom, to which the bride had been \nconveyed in the state, in the presence of at least ten wit \nnesses and the Pontifex Maximus, or one of the higher \npriests. A set form ofwords (carmen verba concepta) was \nrepeated, and a sacred cake made of Far {faryeus panis} \nwhence the term Confarreatio -was either tasted by or \nbroken over the parties who sat during the performance \n\nof various rites, side by side, on a wooden seat made of \nan ox-yoke covered with the skin of the sheep which had \npreviously been offered in sacrifice.\" William Ramsay, A \nManual of Roman Antiquities 295 (Rodolfo Lanciani ed., \n15thed.1894). \nconfectio (k;m-fek-shee-oh), n. [Latin \"a completing\"] \nHist. The act of making or executing a written instru\nment. PI. confectiones (k;:m-fek-shee-oh-neez). \nconfederacy, n. (14c) 1. A league of states or countries \nthat have joined for mutual support or joint action; an \nalliance. 2. An association oftwo or more persons, usu. \nfor unlawful purposes; CONSPIRACY. [Cases: Conspir\nacy(;:=>1.1,2,23.1,24.] 3. The fact or condition ofbeing \nallied or'associated. \nconfederacy clause. Archaic. A clause in a complaint \ncharging that the defendant or defendants have \ncombined with others (who may yet be named as defen\ndants) to defraud or deprive the plaintiff of personal \nrights. \nconfederate, n. An ally; esp., a coconspirator or accom\nplice. [Cases: Conspiracy (;:=>39; Criminal Law \n59.] \nconfederation. (15c) 1. A league or union of states or \nnations, each of which retains its sovereignty but also \ndelegates some rights and powers to a central authority. \n The United States, for example, was first organized \nunder the Articles of Confederation. Cf. FEDERATION. \n\"A confederation is a union, more or less complete, oftwo \nor more states which before were independent. It ai ms to \nsecure a common good, external, as mutual protection \nagainst powerful neighbors, or internal, as commerce and \ncommunity ofjustice by means of common institutions.\" \nTheodore D. Woolsey, Introduction to the Study ofInterna\ntional Law  108, at 173 (5th ed. 1878), \nconfederation ofstates. A confederation involving a \ncentral government that exists and exercises certain \npowers but does not control all the external relations \nof the member states . For international purposes \nthere exists not one but a number ofstates. Cf. federal \nstate under STATE, \n2. An alliance; esp., in a negative sense, a conspiracy. \nconferee (kon-fdr-ee). See MANAGER (2). \nconference. 1. CONVENTION (3). 2. A meeting between \nthe two houses of a bicameral legislature. See confer\nence committee under COMMITTEE. [Cases: States C:::> \n32; Statutes \n\"It is proper for either house to request a conference with \nthe other on any matter of difference or dispute between \nthem, When a conference is requested, the subject of the \nconference should always be stated, One house may request \na conference to inquire or protest concerning an offense \nor default on the part of a member or officer of the other \nhouse. When there is a question concerning procedure, or \nwhen an unparliamentary message has been sent. instead \nof replying directly, a conference shOUld be requested. \nWhen there are questions as to procedure between the \ntwo houses, the proper procedure is to discuss the matter \nby a conference committee; also, where one house desires \nto formally present a question to the other, the question \nshould be submitted through a conference committee.\" \nNational Conference of State Legislatures, Mason's Manual \nof Legislative Procedure  764, at 551 (2000). conference committee. See COMMITTEE. \nConference ofChieOnstices. An organization consist\ning of the highest judicial officers of all the states in \nthe United States, the District of Columbia, the Com\nmonwealth of Puerto Rico, the Commonwealth of \nthe Northern Mariana Islands, and the territories of \nAmerican Samoa, Guam, and the Virgin Islands . \nEstablished in 1949, the organization seeks to improve \nthe administration ofjustice in various ways, as by sup\nporting adequate judicial funding, promoting the inde\npendence and effectiveness of state judicial systems, \nand advancing professionalism and lawyer competence. \nSince 1983, the organization has operated as a nonprofit \ncorporation. -Abbr. cq. \nconfess, vb. To admit (an allegation) as"}
{"text": "a nonprofit \ncorporation. -Abbr. cq. \nconfess, vb. To admit (an allegation) as true; to make a \nconfession. confessor, n. \nconfessed judgment. See CONFESSION OF JUDGMENT. \nconfessing error. A plea admitting to an assignment of \nerror. See ASSIGNMENT OF ERROR. \nconfessio in judicio (k.::ln-fesh-ee-oh in joo-dish-ee-oh). \n[Latin \"confession in court\"] Hist. An in-court confes\nsion. \nconfession, n. (14c) A criminal suspect's oral or written \nacknowledgment ofguilt, often including details about \nthe crime. Cf. ADMISSION; STATEMENT (3). [Cases: \nCriminal Law (;:=>516.] \n\"A confession is an acknowledgment in express words, by \nthe accused in a criminal case, of the truth of the main fact \ncharged or of some essential part of it.\" 3 John H. Wigmore, \nEvidence in Trials at Common Law  821, at 308 Uames H. \nChadbourn ed., 4th rev, ed, 1970). \n'The distinction between admissions in criminal cases \nand confessions by the accused is the distinction in effect \nbetween admissions of fact from which the gUilt of the \naccused may be inferred by the jury and the express \nadmission of guilt itself.\" William p, Richardson, The Law \nofEvidence  394, at 268 (3d ed, 1928). \ncoerced-compliant confession. A confession by a \nsuspect who knows that he or she is innocent but \nis overcome by fatigue, the questioner's tactics, or \na desire for some potential benefit. Also termed \ncoerced-compliant false confeSSion. \ncoerced confession. (1937) A confession that is obtained \nby threats or force. [Cases: Criminal Law \n522.] \ndirect confession. (17c) A statement in which an accused \nperson acknowledges haVing committed the crime. \nextrajudicial confession. (1813) A confession made out \nofcourt, and not as a part of a judicial examination \nor investigation . Such a confession must be cor\nroborated by some other proof of the corpus delicti, \nor else it is insufficient to warrant a conviction. Cf. \njudicial confession. \nimplied confession. A confession in which the person \ndoes not plead guilty but invokes the mercy of the \ncourt and asks for a light sentence. \nindirect confession. A confession that is inferred from \nthe defendant's conduct. \n\ninterlocking confessions. (1973) Confessions by two or \nmore suspects whose statements are substantially the \nsame and consistent concerning the elements of the \ncrime. [Cases: Criminal Law~528.] \ninvoluntary confession. (1830) A confession induced \nby the police or other law-enforcement authorities \nwho make promises to, coerce, or deceive the suspect. \n[Cases: Criminal LawC='519-526.] \njudicial confession. (16c) A plea ofguilty or some other \ndirect manifestation ofguilt in court or in a judicial \nproceeding. C. extrajudicial confession. \nnaked confession. (I8c) A confession unsupported by \nany evidence that a crime has been committed, and \ntherefore usu. highly suspect. [Cases: Criminal Law \noral confession. A confession that is not made in \nwriting. Oral confessions are admissible, though \nas a practical matter police interrogators prefer to take \nwritten or recorded confessions since juries typically \nview these as being more reliable. \npersuaded confession. A false confession by a suspect \nwho has no knowledge ofa crime but adopts a belief \nin his or her guilt. \nplenary confession (plee-n;}-ree or plen-;}). (1907) A \ncomplete confession; one that is believed to be con\nclusive against the person who made it. \nrelative confession. Hist. A confession ofgUilt coupled \nwith an accusation against another person as a par\nticipant in the crime . If the accusation against the \nother person was proved, the accusing defendant was \npardoned. Ifnot, the defendant was convicted on the \nconfession. See State v. Willis, 41 A. 820, 825 (Conn. \n1898). See APPROVER (1). \nthreshold confession. (1962) A spontaneous confession \nmade promptly after arrest and without interroga\ntion by the police. The issue whether the defen\ndant's statement is a threshold confession usu. arises \nwhen the defendant challenges the admissibility of \nthe confession on grounds that he or she suffered an \nimpermissibly long delay before being brought before \na magistrate. Courts generally admit this type of \nconfession into evidence if the confession was given \nbefore the delay occurred. [Cases: Criminal Law C=' \n519(3).] \nvoluntary confession. A confession given freely, without \nany benefit or punishment promised, threatened, or \nexpected. [Cases: Criminal Law C='517.1(1), 519(1).] \nconfession and avoidance. (17c) A plea in which a defen\ndant admits allegations but pleads additional facts that \ndeprive the admitted facts of an adverse legal effect.  \nFor example, a plea ofcontributory negligence (before \nthe advent of comparative negligence) was a confes\nsion and avoidance. -Also termed avoidance; plea in \nconfession and avoidance; plea ofconfession and avoid\nance. Cf. affirmative defense under DEFENSE (1). [Cases: \nFederal Civil Procedure Pleading C::~130.] confession ofjudgment. (18c) 1. A person's agreeing to \nthe entry ofjudgment upon the occurrence or non\noccurrence of an event, such as making a payment. \n[Cases: Federal Civil Procedure (,'-:::2396; Judgment \nC='29.] 2. A .judgment taken against a debtor by the \ncreditor, based on the debtor's written consent. [Cases: \nFederal Civil Procedure C='2396: Judgment C='29-70.] \n3. The paper on which the person so agrees, before it is \nentered. -Also termed confessed judgment; cognovit \njudgment; statement ofconfession; warrant ofconfession; \njudgment by confession. See COGNOVIT. Cf. WARRANT \nOF ATTORNEY. \nconfidence. (14c) 1. Assured expectation; firm trust; faith \n<the partner has confidence in the associate's work>. \n2. Reliance on another's discretion; a relation of trust \n<she took her coworker into her confidence>. 3. A com\nmunication made in trust and not intended for public \ndisclosure; sped., a communication protected by the \nattorney-client or similar privilege <the confidences \nbetween lawyer and client>. Under the ABA Code of \nProfessional Responsibility, a lawyer cannot reveal a \nclient's confidence unless the client consents after full \ndisclosure. DR 4-101. Cf. SECRET (2). [Cases: Privileged \nCommunications and ConfidentialityC=' 16, 156.J \nconfide, vb. \nconfidence game. (1856) A means of obtaining money \nor property whereby a person intentionally misrepre\nsents facts to gain the victim's trust so that the victim \nwill transfer money or property to the person. Also \ntermed con game; con. Cf. BUNCO. [Cases: False Pre\ntenses 16.] \nconfidence man. One who defrauds a victim by first \ngaining the victim's confidence and then, through \ntrickery, obtaining money or property; a swindler . \nThe equivalent term confidence woman is exception\nally rare, even though women are often involved in \nconfidence games. Often shortened to con man. See \nCONFIDENCE GAME. Cf. BUNCO-STEERER. \nconfidential, adj. 1. (Of information) meant to be kept \nsecret <confidential settlement terms>. 2. (Of a rela\ntionship) characterized by trust and a willingness \nto confide in the other <a confidential relationship \nbetween attorney and client>. \nconfidential adoption. See closed adoption under \nADOPTION. \nconfidential communication. See COMMUNICATION. \nconfidentiality, n. (1834) 1. Secrecy; the state of having \nthe dissemination ofcertain information restricted. \n2. 1he relation between lawyer and client or guardian \nand ward, or between spouses, with regard to the trust \nthat is placed in the one by the other. [Cases: Privileged \nCommunications and Confidentiality 80, 156; \nRecords \nconfidentiality agreement. Trade secrets. A promise not \nto disclose trade secrets or other proprietary informa\ntion learned in the course of the parties' relationship. \n Confidentiality agreements are often required as a \n\n340 confidentiality clause \ncondition of employment. Also termed nondisclo\nsure agreement. \nconfidentiality clause. See CLAL'SE. \nconfidentiality statute. A law that seals adoption records \nand prevents an adopted chi ld from learning the identity \nofhis or her biological parent and prevents the biologi\ncal parent from learning the identity of the adoptive \nparents. -Also termed sealed-record statute. \nconfidential marriage. See MARRIAGE (1). \nconfidential relationship. See RELATIONSHIP. \nconfidential source. A person who provides information \nto a law-enforcement agency or to a journalist on the \nexpress or implied guarantee of anonymity. -Confi\ndentiality is protected both under the Federal Freedom \noflnformation Act (for disclosures to law enforcement) \nand under the First Amendment (for disclosures to \njournalists). [Cases: Privileged Communications and \nConfidentiality (;:::>374,404; Records (;:::>60] \nconfinee. A person held in confinement. \nconfinement, n. (l6c) The act of imprisoning or \nrestraining someone; the state of being imprisoned or \nrestrained <solitary confinement>. See SOLITARY CON\nFINEMENT. -confine, vb. \nconfirm, vb. 1. To give formal approval to <confirm the \nbankruptcy plan>. [Cases: Bankruptcy (;:::>3566.1, \n3683.1, 37l5(1).] 2. To verify or corroborate <confirm \nthat the order was signed>. 3. To make firm or certain \n<the judgment confirmed the plaintiff's right to pos\nsession>. \nconfirmatio (kon-far-may-shee-oh). [Latin \"confirma\ntion\"] Hist. A confirmation of a voidable estate. See \nCONFIRMATION (3). \nconfirmatio crescens (kon- far-may-shee-oh kres-enz). \n[Latin \"growing confirmation\"] A confirmation that \nenlarges an estate. \nconfirmatio diminuens (kon-far-may-shee-oh di-min\nyoo-enz). [Latin \"diminishing confirmation\"] A con\nfirmation that decreases the services that a tenant \nmust perform. \nconfirmatio perficiens (kon-far-may-shee-oh par-fish\nee-enz). [Latin \"perfecting confirmation\"] A confir\nmation that ratifies a wrongful and defeasible title, or \nmakes a conditional estate absolute. \nconfirmatio ad omissa vel male appretiata (kon-far\nmay-shee-oh ad oh-mis-a vel mal-ee a-pree-shee-ay-ta). \n[Law Latin] Scots law. Confirmation (by an executor) \nof subjects omitted or wrongly valued in a previously \nprovided inventory. \nConfirmatio Chartarum (kon-far-may-shee-oh kahr\ntair-Jm). [Latin \"confirmation of the charters\") Hist. A \ndeclaration first made by Henry III in ] 225 confirming \nthe guarantees of Magna Carta and the Charter ofthe \nForest. _ It was not enrolled until 1297, when, during \nthe reign ofEdward I, it was enacted, thus introducing \nthese charters into the common law. -Also spelled \nConfirmatio Cartarum. \"For lawyers, the really important date is neither 1215 nor \n1225, when Henry's Charter took its final form, but 1297, \nwhen Edward I, in his Inspeximus, confirmed the Charter of \n1225 and the Forest Charter, which was issued at the same \ntime (Confirmatio Chartarum). The important element in \nthe Confirmatio is the statement that the Charter might be \npleaded in every royal court, either to support a claim or a \ndefense. The Charter becomes in this way part of the law \nthe Common Law which, in 1297, was already a definite \nconcept although it was not yet quite the equivalent of \nthe law of England. Until then, the political aspects of the \nCharter had been much the more important.\" Max Radin, \nHandbook ofAngloAmerican Legal History 156 (1936). \nconfirmation, n. (14c) 1. The act of giving formal \napproval <Senate confirmation hearings>. [Cases: \nUnited States 2. The act of verifying or cor\nroborating; a statement that verifies or corroborates \n<the journalist sought confirmation of the district \nattorney's remarks>. 3. The act of ratifying a voidable \nestate; a type ofconveyance in which a voidable estate \nis made certain or a particular estate is increased <deed \nof confirmation>. lCases: Deeds (;:::>51.] 4. Civil law. \nA declaration that corrects a null provision of an obli\ngation in order to make the provision enforceable. 5. \nCommercial law. A bank's agreement to honor a letter \nof credit issued by another bank. [Cases: Banks and \nBanking 0=> 191.] Cf. RATIFICATION. -confirmatory \n(kan-f~r-md-tor-ee), adj. \nsilent confirmation. A bank's confirmation ofa letter \nofcredit based on the request of the letter's benefi\nciary rather than the issuing bank. [Cases: Banks and \nBanking (;:::> 191.] \nconfirmation of sale. A court's approval -usu. in the \nform of a docket entry or order -of the terms of a \ncourt-ordered sale. [Cases: Judicial Sales 0=>31.) \nconfirmation slip. The form verifying a purchase or \nsale of a security, usu. mailed by the broker to the \ninvestor. -Also termed transaction slip; sold note. \nconfirmat"}
{"text": "u. mailed by the broker to the \ninvestor. -Also termed transaction slip; sold note. \nconfirmatio perficiens. See CONFIRMATIO. \nconfirmavi (kon-far-may-vI). [Latin] Hist. I have con\nfirmed . The emphatic word in a deed of confirmation. \nSee CONFlRMATION (3). \nconfirmed letter ofcredit. See LETTER OF CREDIT. \nconfirmee (kon-far-mee). Hist. The grantee ofa deed of \nconfirmation. See CONFIRMATION (3). \nconfirmor (kan-far-mdf or -mor). Hist. The grantor ofa \ndeed ofconfirmation. See CONFlRMATION (3). \nconfiscable (kan-fis-kJ-bal or kon-fd-ska-bal), adj. (Of \nproperty) liable to confiscation; subject to forfeiture \n<confiscable contraband>. [Cases: Controlled Sub\nstances 0=> 164; Forfeitures 0=>3.) \nconfiscare (kon-fi-skair-ee), vb. [Latin con \"together\" \n+fiscus \"treasury\"] Hist. To seize (property) for the \ngovernment. \nconfiscate (kon-fa-skayt), vb. 1. To appropriate (property) \nas forfeited to the government. 2. To seize (property) \nby authority oflaw. \nconfiscation (kon-fi-skay-shdn), n. (16c) 1. Seizure of \nproperty for the public treasury. 2. Seizure ofproperty \n\n341 \nby actual or supposed authority. -confiscatory (k;m\nfis-b-tor-ee), adj. -confiscator (kon-f<:l-skay-t<:lr), n. \nconfiscatory rate. See RATE. \nconfitens reus (kon-f<:l-tenz ree-<:ls). [Latin \"confessing \naccused\"] Hist. An accused person who admits com\nmitting the offense. \nconflict. See CONFLICT OF LAWS. \nconflict diamond. A diamond that originated in an area \ncontrolled by forces or factions opposed to a legitimate, \ninternationally recognized government, and is used \nto fund military action against that government . \nCongress .enacted the Clean Diamond Trade Act in \n2003 to stop trade in conflict diamonds. 19 USCA \n 3901 et seq. -Also termed blood diamond. \nconflicting evidence. See EVIDENCE. \nconflicting presumption. See PRESUMPTION. \nconflict ofauthority. (1822) 1. A disagreement between \ntwo or more courts, often courts ofcoordinate jurisdic\ntion, on a point oflaw. 2. A disagreement between two \nor more treatise authors or other scholars, esp. in an \narea in which scholarly authority is paramount, such \nas public or private international law. \nconflict ofinterest. (1843) 1. A real or seeming incompat\nibility between one's private interests and one's public \nor fiduciary duties. 2. A real or seeming incompatibility \nbetween the interests of two of a lawyer's clients, such \nthat the lawyer is disqualified from representing both \nclients ifthe dual representation adversely affects either \nclient or if the clients do not consent. See Model Rules \nof Prof'! Conduct 1.7(a). [Cases: Attorney and Client \nC=>20, 113.] \nthrust-upon conflict. A conflict of interest that arises \nduring an attorney's representation oftwo clients but \ndid not exist and was not reasonably foreseeable when \neach client's representation began, and arises through \nno fault of the attorney's . Some states may require \nthat the conflict be of a type that clients may waive \nunder the rules of professional responsibility. This \nsituation may create an exception to the hot-potato \nrule. See HOT-POTATO RULE. \nconflict oflaws. (1827) 1. A difference between the laws \nofdifferent states or countries in a case in which a trans\naction or occurrence central to the case has a connec\ntion to two or more jurisdictions. -Often shortened to \nconflict. Cf. CHOICE OF LAW. [Cases: Action C=> 17.] \nconflict ofpersonal laws. 1. A difference of laws \nbetween a jurisdiction's general laws and the laws of \na racial or religious group, such as a conflict between \nfederal law and American Indian tribal law. 2. A dif\nference between personal laws. See PERSONAL LAW. \nfalse conflict oflaws. l. A situation resembling but not \nembodying an actual conflict because the potentially \napplicable laws do not differ, because the laws' under\nlying policies have the same objective, or because one \nofthe laws is not meant to apply to the case before the \ncourt. 2. The situation in which, although a case has \na territorial connection to two or more states whose conformity hearing \nlaws conflict with one another, there is no real conflict \nbecause one state has a dominant interest in having \nits law chosen to govern the case -hence there is no \nreal conflict. 3. The situation in which the laws ofall \nstates that are relevant to the facts in dispute either \nare the same or would produce the same decision in \nthe case. -Often shortened to false conflict. \n2. The body ofjurisprudence that undertakes to recon\ncile such differences or to decide what law is to govern \nin these situations; the principles of choice of law. \nOften shortened (in sense 2) to conflicts. -Also termed \n(in international contexts) private international law; \ninternational private law. \n\"The phrase [conflict of laws], although inadequate, \nbecause it does not cover questions as to jurisdiction, or \nas to the execution of foreign judgments, is better than any \nother.\" Thomas E. Holland, The Elements ofJurisprudence \n421 (13th ed. 1924). \nconflict out, vb. (1981) To disqualify (a lawyer or judge) \non the basis ofa conflict ofinterest <the judge was con\nflicted out of the case by his earlier representation of \none of the litigants>. [Cases: Attorney and Client \n20-21.20; Judges C=>41-49.] \nconflict preemption. See obstacle preemption under PRE\nEMPTION. \nconflicts. See CONFLICT OF LAW (2). \nconformed copy. See COPY. \nconforming, adj. (1956) Being in accordance with con\ntractual obligations <conforming goods> <conform\ning conduct>. UCC  2-102(a)(8). [Cases: Sales C=> 153, \n166(1).] \nconforming use. See USE (1). \nConformity Act. Hist. An 1872 federal statute provid\ning that the practice and procedure in federal district \ncourts (other than in equity and admiralty matters) \nmust conform to the practice and procedure used by \nthe state courts for like cases . The Federal Rules of \nCivil Procedure (effective in 1938) superseded the Con\nformity Act. \n\"[Elven where there was conformity, it was to be 'as near \nas may be,' and this was understood by the Court to make \nthe Conformity Act 'to some extent only directory and \nadvisory' and to permit the federal judge to disregard a \nstate practice that would, in his view, 'unwisely encumber \nthe administration of the law, or tend to defeat the ends of \njustice.' With all these exceptions to conformity, and with \nthe judge left somewhat at large to decide when he would \nconform, it is hardly surprising that the result was, in the \nview of a distinguished commentator, 'a mixture of conflict\ning decisions, which have served to cloud the whole subject \nin hideous confusion and shifting certainty.''' Charles Alan \nWright, The Law ofFederal Courts  61, at 425-26 (5th ed. \n1994) (quoting Indianapolis & St. Louis Ry. Co. v. Horst, 93 \nU.s. 291, 300-01 (1876)). \nconformity hearing. (1970) l. A court-ordered hearing \nto determine whether the judgment or decree prepared \nby the prevailing party conforms to the decision ofthe \ncourt. 2. A hearing before a federal agency or depart\nment to determine whether a state-submitted plan \ncomplies with the requirements of federal law . This \n\n342 Confrontation Clause \ntype of hearing is common in cases involving social \nservices. \nConfrontation Clause. (1913) The Sixth Amendment \nprovision generally guaranteeing a criminal defen\ndant's right to confront an accusing witness face-to\nface and to cross-examine that witness . This right \nmay be overridden if the witness is esp. vulnerable. as \nwith a child who is an alleged victim of sexual abuse. \nEven then, the defendant's attorney must have an \nopportunity to examine the witness while the defen\ndant observes by means of closed-circuit television or \nthe like. See Maryland v. Craig, 497 U.S. 836, 110 S.Ct. \n3157 (1990). [Cases: Criminal Law \nconfusio (bn-fyoo-zhee-oh), n. [fro Latin confundere \"to \npour together\"]!. Roman law. An inseparable mixture \nof liquid property belonging to different owners. Cf. \nCOMMIXTIO. 2. Roman law. The extinction ofa right or \nduty that occurs when the roles ofcreditor and debtor \nbecome united in one person. 3. Scots law. A doctrine \nwhereby a lesser right is absorbed into a greater right \nand is thus extinguished . For example, if a debtor \nacquired the rights of a creditor, the debt would become \nmeaningless. \n\"When the rights of both creditor and debtor come to be \nvested in the one person, in the same legal capacity, as by \nsuccession, gift or purchase, the obligation is extinguished, \nunless the creditor has an interest to maintain the obliga\ntion in being or the intention appears that confusio was not \nto operate. Obligations are not necessarily extinguished \nconfusione where there is a legal relationship, indepen\ndent of the pecuniary interests thereof, capable of revival \nby a subsequent separation of interests, as in the case of \nsuperior and vassal, and dominant and servient tenements \nin relation to servitude.\" 2 David M. Walker, Principles of \nScottish Private Law: Law ofObligations 170 (1988). \nconfusio bonorum (bn-fyoo-zhee-oh bd-nor-dm). See \nCONFUSION OF GOODS. \nconfusion. 1. CONFUSION OF GOODS. 2. MERGER (9). \n\"Confusion is the intermingling of two or more pieces of \npersonal property so that the property rights in each can \nno longer be distinguished. Thereafter, no specific iden\ntification or separation of the formerly separate chattel \nis possible. Such an intermingling occurs most often \nwith fungible goods like gas, oil, grain, mineral ore, or \nunmarked timber.\" Barlow Burke, Personal Property in a \nNutshel/379 (2d ed. 1993). \n3. Trademarks. A consumer's mistaken belief about the \norigin of goods or services. See LIKELIHOOD-OF-CON\nFUSION TEST. [Cases: Trademarks 1084.] \ndirect confusion. See forward confusion. \nforward confusion. Confusion occurring when con\nsumers are likely to believe mistakenly that the \ninfringing company's products are from the same \nsource as the trademark owner's . In forward-con\nfusion cases, the infringing company is usu. smaller \nthan the owner. Thus, consumers may believe the \ninfringer to be an affiliate of the owner. -Also termed \ndirect confusion. [Cases: Trademarks C=> 1084.] \nreverse confusion. Confusion occurring when consum\ners are likely to believe mistakenly usu. through \nWidespread advertising and promotion by the infringing company -that the trademark owner's \nproducts are actually those ofthe infringer . Reverse \nconfusion often injures the owner's reputation and \ngoodwill. In an action for reverse confusion, the \ntrademark owner is typically the smaller company. \n[Cases: Trademarks C=> 1089.] \nconfusion ofboundaries. The branch of equity that deals \nwith the settlement of disputed or uncertain real-prop\nerty boundaries. [Cases: Boundaries C-j 26.] \nconfusion of debts. See MERGER (9). \nconfusion of goods. (18c) The mixture of things of the \nsame nature but belonging to different owners so that \nthe identification of the things is no longer possible . If \nthis occurs by common consent ofthe owners, they are \nowners in common, but ifthe mixture is done willfully \nby one person alone, that person loses all right in the \nproperty unless (1) the goods can be distinguished and \nseparated among owners, or (2) the mixing person's \ngoods are equal in value to the goods with which they \nwere intermingled. ConfUSion ofgoods combines the \ncivil-law concepts of confusio (a mixture ofliquids) and \ncommixtio (a mixture of dry items). -Also termed \nintermixture ofgoods; confUSiO bonorum. [Cases: Con\nfusion ofGoods Cr\"::> 1-5.] \nconfusion ofrights. See MERGER (9). \nconfusion oftitles. Civil law. The merger oftwo titles to \nthe same land in the same person. Cf. MERGER (9). \ncon game. See CONFIDENCE GAME. \ncongeable (kon-jee-a-bal), adj. [fro French conge \"permis\nsion\"] Hist. Lawful; permissible. \nconge d'accorder (kawn-zhay da-kor-day). [Law French] \nHist. Leave to accord . Courts used this phrase in ficti\ntious land-title lawsuits to grant the defendant permis\nsion to agree with the plaintiffs allegations. See FINE \n(1). \nconge d'emparler (kawn-zhay dawm-pahr-Iay). [French] \nHist. Leave to imparl.  This phrase was formerly used \nby a defendant to request leave of court for additional \ntime to file a responsive pleading. See IMPARLANCE. \ncongeries (kon-jeer-eez or kon-jd-reez). (17c) A collec\ntion or aggregation <a congeries ofrights>. \nconglomerate (k;m-glom-<'lr-it), n. (1967) A corporation \nthat owns unrelated enterprises in a wide variety of \nindustries. -Also termed conglomerate corporation. \n[Cases: Corporations conglomerate (kdn\nglom-d-ray"}
{"text": "Also termed conglomerate corporation. \n[Cases: Corporations conglomerate (kdn\nglom-d-rayt), vb. conglomerate (kdn-glom-dr-it), \nadj. \nconglomerate merger. See MERGER. \ncongress, n. (l6c) 1. A formal meeting of delegates or \nrepresentatives; CONVENTION (4). 2. (cap.) The legisla\ntive body of the federal government, created under u.s. \nConst. art. I,  1 and consisting of the Senate and the \nHouse of Representatives. [Cases: United States \n7.] congressional, adj. \nCongressional Budget Office. An office in the legisla\ntive branch of the federal government responsible for \n\n343 conjuration \nforecasting economic trends, making cost estimates, \nconducting special studies in budget-related areas, and \nissuing annual reports that discuss federal spending \nand revenue levels and the allocation of funds . Itwas \nestablished by the Congressional Budget and Impound\nment Control Act of 1974. Abbr. CBO \ncongressional committee. See COMMITTEE. \ncongressional district. See DISTRICT. \nCongressional Globe. A privately issued record of the \nproceedings in Congress . The Globe was the sole \nrecord ofcongressional speeches and statements from \n1833 until ,the publicly printed Congressional Record \nappeared in 1873. It contains the congressional debates \nofthe 23d through the 42d Congress, \ncongressional immunity. See IMMUNITY (1). \ncongressional intent. See LEGISLATIVE INTENT. \ncongressional power. See POWER (3). \nCongressional Record. 'The official record of the daily \nproceedings in the U.S. Senate and House of Repre\nsentatives. Members ofCongress are allowed to edit \ntheir speeches before printing, and they may insert \nmaterial never actually spoken by obtaining permis\nsion from their respective houses to revise or extend \ntheir remarks. \ncongressional-reference case. See CASE. \nCongressional Research Service. A nonpartisan agency \nin the Library of Congress that researches and analyzes \nlegislative issues for congreSSional committees and \nindividual members of Congress. Congress created \nthe agency in 1914 as the Legislative Reference Service. \nIt was renamed in 1970. Abbr. CRS. \ncongressional survey. See government survey under \nSURVEY. \nCongress ofAuthors and Artists. Copyright. A 19th\ncentury convention of writers, artists, librarians, and \nothers promoting universal copyright protection . The \nCongress, which met in 1858, 1861, and 1877, passed \nresolutions that helped lay the groundwork for the \nBerne Convention. See BERNE CONVENTION. \nconjectio (bn-jek-shee-oh), vb. [Latin \"an inference\"] \nHist. A conclusion drawn from evidence; a fact inferred \nfrom the evidence presented. PI. conjectiones (kdn-jek\nshee-oh-neez). \nconjectio causae (kdn-jek-shee-oh kaw-zee). [Latin \n\"putting together ofa cause\"] Roman law. A summary \npresentation of a case before the court by the parties \nor their advocates. \nconjectural choice, rule of. (1956) The principle that no \nbasis for recovery is presented when all theories ofcau\nsation rest only on conjecture. See CONJECTURE. [Cases: \nNegligenceG=:1694,1713.] \nconjectura pietatis (kdn-jek-cha-ra pI-a-tay-tis). [Latin] \nHist. A conclusion arising from a natural duty. \nconjecture (kan-jek-char), n. (14c) A guess; suppo\nsition; surmise. [Cases: Criminal Law G=:486(2); Evidence C:=:'555.4(2).] conjecture (kdn-jek-char), \nvb. -conjectural (kdn-jek-char-al), adj. \nconjoint (bn-joynt), n. A person connected with \nanother in a joint interest, obligation, or undertaking, \nsuch as a cotenant or spouse. conjoint, adj. \nconjoint robbery. See ROBBERY. \nconjoint will. See joint will under WILL. \nconjudex (kon-joo-deks). [fro Latin con \"together\" + \njudex\"judge\"] Hist. An associate judge. \nconjugal (kon-ja-gal), ad). (16c) Of or relating to the \nmarried state, often with an implied emphaSis on sexual \nrelations between spouses <the prisoner was allowed a \nprivate bed for conjugal visits>. (Cases: Divorce \n37(20); Husband and Wife \nconjugal rights. (18c) The rights and privileges arising \nfrom the marriage relationship, including the mutual \nrights of companionship, support, and sexual relations . \n Loss of conjugal rights amounts to loss of consor\ntium. See CONSORTIUM. [Cases: Divorce C:=:'37(20); \nHusband and Wife C~;;;3(0.5).] \nconjugal union. See MARRIAGE (1). \nconjugal visit. An opportunity for physical contact \ngranted to a prisoner and the prisoner's spouse, usu. \nin the form of an overnight stay at the prison. -Some \njurisdictions allow conjugal visits between unmarried \npartners. [Cases: Prisons (;:::-.:> 143.] \nconjugium (bn-joo-jee-.:nn), n. Latin con \"together\" \n+ jugum \"yoke\"] Roman law. condition of being \nmarried. \nconjunct (k;m-j.mgkt or kon-jangkt), adj. Civil law. (Of \npersons) so closely related to a person (such as an insol\nvent) as to be disqualified from acting as a judge or \nwitness in a case involving that person. \nconjuncta (k<\"ln-jangk-ta). [Latin] Civil law. Things \n(usu. words or phrases) that are joined together. Cf. \nDISJUNCTA. \nconjunctim (bn-j;mgk-tim), adv. [Latin] Roman law. \nConjointly. Heirs instituted conjunctim, for example, \nbecame coheirs with equal shares. Cf. DISJUNCTIM. \nconjunctim et divisim (kan-jangk-timet d;:J-vl-zim or \n-sim). [Latin] Hist. TOintly and severally. \nconjunctio animorum (bn-jangk-shee-oh an-a\nmor-am). [Latin] Scots law. The mutual consent of \nparties to a marriage. \nconjunctive denial. See DENIAL. \nconjunctive obligation. See OBLIGATION. \nconjuratio (kon-juu-ray-shee-oh). [Latin] CONJURA\nTION. \nconjuration (kon-j<\"l-ray-sh;m). Hist. 1. A plot or compact \nmade by persons who swear to each other to do some\nthing that will result in public harm. 2. 'The offense of \nattempting a conference with evil spirits to discover \nsome secret or effect some purpose; witchcraft; \nsorcery. \n\n344 conjurator \n\"Coniuration (coniuratio) is the very French word drawne \nfrom the latine, which as it is compounded of (con & iuro) \nso it signifieth a compact or plot, made by men combin\ning themselves together by oath or promise, to do some \npublique harme. But in our common lawe, it is especially \nused for such as have personali conference with the devil! \nor evill spirit, to know any secret, or to effect any purpose. \nAnd the difference that I have observed (how truly let those \njudge that be beter skilled in these maters) betweene \nconiuration and witchcraft, is because the one seemeth, \nby prayers and invocation of Gods powerfull names, to \ncompell the devill, to say or doe what he commandeth him: \nthe other dealeth rather by a friendly and voluntarie confer\nence or agreement betweene him or her and the devill or \nfamiliar, to have her or his desires and turnes served in lieu \nof blood, or other gift offered unto him, especially of his or \nher soule.\" John Cowell, The Interpreter (1607). \nconjurator (kon-ja-ray-tar). Hist. A person who swears \nan oath with others; a coconspirator. \ncon man. See CONFIDENCE MAN. \nconnecting factor. (1950) Conflict oflaws. A factual or \nlegal circumstance that helps determine the choice of \nlaw by linking an action or individual with a state or \njurisdiction. -An example ofa connecting factor is a \nparty's domicile within a state. See POINT OF ATTACH\nMENT. Action c'-::> 17.] \nconnecting-up doctrine. (1986) The rule allowing \nevidence to be conditionally admitted if the offering \nparty promises to show relevance by addUcing other \nevidence. [Cases: Criminal Law ~672;Federal Civil \nProcedure ~2014; Trial ~5L] \nconnexity (kOJ-nek-sa-tee). Connectedness; the quality of \nbeing connected. -In some states, connexity expresses \nthe relationship that must exist between a foreign party \n(such as a corporation) and the state for a plaintiff to \nmaintain personal jurisdiction over the party; gener\nally, the claim must arise from a transaction connected \nwith the activities of the party in the state. \nconnivance (kOJ-nI-VClnts), n. (l6c) 1. 'The act of indulg\ning or ignoring another's wrongdoing, esp. when action \nshould be taken to prevent it. 2. Family law. As a defense \nto divorce, one spouse's corrupt consent, express or \nimplied, to have the other commit adultery or some \nother act ofsexual misconduct. -Consent is an essen\ntial element of connivance. 'The complaining spouse \nmust have consented to the act complained of. [Cases: \nDivorce Cf. COLLUSION (2); CONDONATION (2); \nRECRIMINATION. connive (b-nIv), vb. \nconnive (kOJ-nIv), vb. 1. To knowingly overlook another's \nwrongdoing. 2. Loosely, to conspire. \nconnubium. See CONUBIUM. \nconqueror, n. [fro Law French conquerir \"to acquire\"] \nHist. 1. One who acquires territory by force during \nwar with the intention of exercising sovereignty. See \nCONQUEST (1). 2. The first person who acquired land by \npurchase; one who first brought an estate into a family. \nSee CONQUEST (2): PURCHASE (2). \nconqueror, vb. [Latin] To complain. -Conqueror served \nas a declaratory statement in petitions, often by intro\nducing the complaint: Conqueror quod . ... (\"I complain \nthat ....\"). conquest. 1. Int'llaw. An act offorce by which, during a \nwar, a belligerent occupies territory within an enemy \ncountry with the intention ofextending its sovereignty \nover that territory. -That intention is usu. explained \nin a proclamation or some other legal act. 2. Hist. The \nacquisition ofland by any method other than descent, \nesp. by purchase. 3. Hist. The land so acquired. Cf. \nPURCHASE (2). \n\"What we call purchase, perquisitio, the feudists called \nconquest, conquaestus, or conquisitio: both denoting any \nmeans of acquiring an estate out of the common course of \ninheritance. And this is still the proper phrase in the law of \nScotland: as it was, among the Norman jurists, who stiled \nthe first purchasor (that is, he who first brought the estate \ninto the family which at present owns it) the conqueror or \nconquereur. Which seems to be all that was meant by the \nappellation which was given to William the Norman, when \nhis manner of ascending the throne of England was, in his \nown and his successors' charters, and by the historians of \nthe times, entitled conquaestus, and himself conquaestor \nor conquisitor; signifying, that he was the first of his family \nwho acquired the crown of England, and from whom \ntherefore all future claims by descent must be derived: \nthough now, from our disuse of the feodal sense of the \nword, together with the reflection on his forcible method of \nacquisition, we are apt to annex the idea of victorvto this \nname of conquest or conquisition; a title which, however \njust with regard to the crown, the conqueror never pre \ntended with regard to the realm of England; nor, in fact, \never had.\" 2 William Blackstone, Commentaries on the Laws \nofEngland 242-43 (1766). \nconquet. See ACQUET (1). \nconquisitio (kOJn-or kang-kwi-zish-ee-oh). [Latin \n\"search\") See CONQUEST (2). Also termed con qui\nsition. \nconquisitor (bn-or kClng-kwiz-OJ-t<ir). [Latin \"one who \nsearches\"] See CONQUEROR (1). \nconsanguine brother. See BROTHER. \nconsanguineo. See COSINAGE. \nconsanguine sister. See SISTER. \nconsanguineus (kon-sang-gwin-ee-OJs), n. [Latin \"related \nby blood\"] Hist. A person related to another by blood; \na consanguineous relative. \nconsanguineus frater (kon-sang-gwin-ee-OJs fray-t<ir). \n[Latin \"blood brother\"] Hist. A half-brother by the \nsame father. \nconsanguineus uterinus (kon-sang-gwin-ee-OJs yoo-t<i\nrI-nas). [Latin \"blood relative by the uterus\"] Hist. A \nhalf-sibling by the same mother. \nconsanguinitas (kon-sang-gwin-a-tas), n. [Latin \"rela\ntionship by blood\"] Roman law. The relationship \nbetween siblings who have the same father. \nconsanguinity (kon-sang-gwin-OJ-tee), n. (I4c) The rela\ntionship ofpersons ofthe same blood or origin. See pro\nhibited degree under DEGREE. Cf. AFFINITY; AFFINITAS \nAFFINITATIS. [Cases: Incest ~5;Marriage C-:::-lO.J \nconsanguineous, adj. \n\"In the mode of computing the degrees of consanguinity, \nthe civil law ... begins with the int"}
{"text": "consanguineous, adj. \n\"In the mode of computing the degrees of consanguinity, \nthe civil law ... begins with the intestate, and descends \nfrom that ancestor to the next heir, reckoning for each \nperson, as well in the ascending as descending lines. \nAccording to this rule of computation, the father of the \n\nintestate stands in the first degree, his brother in the \nsecond, and his brother's children in the third. Or, the \ngrandfather stands in the second degree. the uncle in the \nthird. the cousins in the fourth, and so on in a series of \ngenealogical order. In the canon law. which is also the rule \nof the common law, in tracing title by descent. the common \nancestor is the terminus a quo. The several degrees of \nkinship are deduced from him. By this method. the brother \nof A is related to him in the first degree instead of being in \nthe second ... for he is but one degree removed from the \ncommon ancestor. The uncle is related to A in the second \ndegree, for though the uncle be but one degree from the \ncommon ancestor, yet A is removed two degrees from the \ngrandfather. who is the common ancestor.\" 4 James Kent, \nCommentaries on American Law *412 -13 (George Comstock \ned., 11thed. 1866). \ncollateral consanguinity. (l6c) The relationship \nbetween persons who have the same ancestor but do \nnot descend or ascend from one another (for example, \nuncle and nephew, cousins, etc.). \nlineal consanguinity. The relationship between persons \nwho are directly descended or ascended from one \nanother (for example, mother and daughter, great\ngrandfather and grandson, etc.). \nconscience. (Bc) 1. The moral sense of right or wrong; \nesp., a moral sense applied to one's own judgment and \nactions. 2. In law, the moral rule that requires justice \nand honest dealings between people. \nconscience clause. A legislative provision that allows a \nperson to claim an exemption from compliance, usu. \non religious-freedom grounds. [Cases: Constitutional \nLaw (;:::;, 1290.] \nconscience of the court. (l7c) 1. The court's equitable \npower to decide issues based on notions of fairness \nand justice. See EQUITY (4). 2. A standard applied by \nthe court in deciding whether a party or a jury has \nacted within acceptable limits. -Thus, in some cases, \na jury's award of damages is upset because it is said to \n\"shock the conscience ofthe court.\" See SHOCK THE \nCONSCIENCE. \nconscientia illaesa (kon-s[h]ee-en-shee-;) i-Jee-s;) or -za). \n[Latin] Hist. An unviolated conscience; good faith. \nconscientia rei alienae (kon-s[h]ee-en-shee-d ree-I ay\nlee-ee-nee or al-ee-). [Law Latin] Scots law. The knowl\nedge that property held by one person actually belongs \nto another. \nconscientious objector. A person who for moral or reli\ngious reasons is opposed to participating in any war, \nand who may be excused from military conscription \nbut remains subject to serving in civil work for the \nnation's health, safety, or interest. See 50 USCA  456. \nCf. PACIFIST. [Cases: Armed Services (;:::;,20.6(3).] \nconscionable (kon-sha-nd-bdl), adj. (16c) Conforming \nwith good conscience; just and reasonable <a conscio\nnable bargain>. Cf. UNCONSCIONABLE. -consciona\nbleness, conscionability, n. \nconscious avoidance. See deliberate indifference under \nINDIFFERENCE. \nconscious-avoidance instruction. See willful-blindness \ninstruction under TURY INSTRUCTION. conscious indifference. See INDIFFERENCE. \nconsciously parallel. Antitrust. Of, relating to, or char\nacterizing the conduct of a party who has knowledge \nof a competitor's action (such as raising prices) and \nwho makes an independent decision to take the same \naction. -In some cases this is viewed as evidence of a \nconspiracy. \nconscious parallelism. Antitrust. An act of two or \nmore businesses in a concentrated market intention\nally engaging in monopolistic conduct. Also termed \ntacit collusion; oligopolistic price coordination. \nconscious-presence test. A method for judging whether a \ntestator is in the presence ofa witness to a will, whereby \nif the testator can sense the presence ofthe witness \neven if the witness cannot be seen the witness is \npresent. Restatement (Third) of Property: Wills and \nOther Donative Transfers  3.1. -Also termed con\nscious presence. See PRESENCE-OF-THE-TESTATOR \nRULE. \nconscius fraudis (kon-s[hlee-ds fraw-dis). [Latin] See \nPARTICEPS FRAUDIS. \nconscription. See DRAFT (2). \nconsecratio capitis (kon-s;}-kray-shee-oh kap-i-tis). \n[Latin \"consecrating the body\"] Roman law. The act of \ndeclaring a wrongdoer an outlaw who could be killed on \nSight; the punishing ofcriminal behavior by relegating \nan offender to the gods, i.e., leaving the person outside \ndivine and human protection. See SACER; OUTLAWRY. \nconsecutive sentences. See SENTENCE. \nconsecutive tortfeasors. See TORTFEASOR. \nconsensual (kJn-sen-shoo-Jl), adj. 1. Having, express\ning, or occurring with full consent <consensual rela\ntions>. 2, Created or existing by mutual consent without \nformalities such as a written document or ceremony \n<consensual marriage>. Also termed consentaneous; \nconsentient. \nconsensual contract. See CONTRACT. \nconsensual crime. See victimless crime under CRIME. \nconsensual marriage. See MARRIAGE (1). \nconsensual search. See consent search under SEARCH. \nconsensus. A general agreement; collective opinion. See \ngeneral consent under CONSENT (2). \n\"The regular method for the chair to use is to ask the \nmembers, 'Is it the consensus of this meeting that .. . \nis agreed to?' or, 'Is it the will of the assembly that .. . \nis agreed to?' or, 'Is there an objection?' Consensus has \nbeen used successfully throughout the years by Quakers. \nIndians, New England town meetings, and others as a \ndecisionmaking procedure. It permits compromise. In \nsmall groups where less formality is required, it is a simple \nmethod for making deCisions. \n\"General consent is an equivalent to consensus, when done \nwithout objection. OtherWise, a formal vote must be taken.\" \nFloyd M. Riddick & Miriam H. Butcher, Riddick's Rufes of \nProcedure 56 (1985). \nconsensus ad idem (bn-sen-s;}s ad I-dem). [Latin] An \nagreement of parties to the same thing; a meeting of \n\nminds. Also termed consensus in idem; consensus in \nidem, placitum et conventio. \n\"Agreement between the parties or consensus in idem is \nthe basis of contractual obligation ....\" 2 David M. Walker, \nPrinciples of Scottish Private Law 11 (4th ed. 1988). \nconsent, n. (14c) 1. Agreement, approval, or permission \nas to some act or purpose, esp. given voluntarily by a \ncompetent person; legally effective assent.  Consent \nis an affirmative defense to assault, battery, and related \ntorts, as well as such torts as defamation, invasion of \nprivacy, conversion, and trespass. Consent may be a \ndefense to a crime if the victim has the capacity to \nconsent 'and if the consent negates an element of the \ncrime or thwarts the harm that the law seeks to prevent. \nSee Model Penal Code  2.11. \n\"The consent [to a contract] is none the less 'genuine' and \n'real,' even though it be induced by fraud, mistake, or \nduress. Consent may be induced by a mistaken hope of \ngain or a mistaken estimate of value or by the lie of a third \nperson, and yet there is a contract and we do not doubt \nthe 'reality of the consent.' Fraud, mistake, and duress \nare merely collateral operative facts that co-exist with the \nexpressions of consent and have a very important effect \nupon the resulting legal relations.\" William R. Anson, Prin\nciples of the Law ofContract199 n.l (Arthur L. Corbin ed., \n3d Am. ed. 1919). \nblank consent. See BLANK CONSENT. \nexpress consent. (16c) Consent that is clearly and \nunmistakably stated. \nimplied consent. (17c) 1. Consent inferred from \none's conduct rather than from one's direct expres\nsion. Also termed implied permission. 2. Consent \nimputed as a result of circumstances that arise, as \nwhen a surgeon removing a gall bladder discovers \nand removes colon cancer. \ninformed consent. (1938) 1. A person's agreement to \nallow something to happen, made with full knowl\nedge of the risks involved and the alternatives . For \nthe legal profession, informed consent is defined \nin .'vlodel Rule of Professional Conduct l.O(e). 2. A \npatient's knowing choice about a medical treatment or \nprocedure, made after a physician or other healthcare \nprovider discloses whatever information a reasonably \nprudent provider in the medical community would \ngive to a patient regarding the risks involved in the \nproposed treatment or procedure. -Also termed \nknOWing consent. Health C~)906.1 \nknowing consent. See informed consent. \nparental consent. Consent given on a minor's behalfby \nat least one parent, or a legal guardian, or by another \nperson properly authorized to act for the minor, \nfor the minor to engage in or submit to a specified \nactivity. \nvoluntary consent. Consent that is given freely and that \nhas not been coerced. \n2. Parliamentary law. ADOPTION (5). consent, vb. \nconsensual, adj. general consent. 1. Adoption without objection, regard\nless ofwhether every voter affirmatively approves. 2. \nSee unanimous consent (1). \nunanimous consent. 1. Adoption with every voter's \napproval. 2. See general consent (1). The terms \n\"general consent\" and \"unanimous consent\" have \ndistinct but interchangeable meanings. Some parlia\nmentary manuals treat them as synonymous; others \ndistinguish them; and still others distinguish them, \nbut in exactly the opposite way. \n\"Motions that appear to have no opposition because they \nare relatively unimportant, uncontroversial, or because \napproval is obViOUS, permit the chair to say, 'The motion, \nwithout objection, is adopted' (or agreed to), without \nputting the motion to a formal vote. General consent \nimplies that no one cared enough to oppose the motion \nor propOSition. Unanimous consent implies that everyone \nwas in agreement. If there is even one objection, the \nrequest is denied and the question must be put to a vote \nfor adoption.\" Floyd M. Riddick & Miriam H. Butcher, Rid\ndick's Rules ofProcedure 97 (1985). \n'''Unanimous consent' does not necessarily imply that \nevery member is in favor of the proposed action; it may \nonly mean that the opposition, feeling that it is useless to \noppose or discuss the matter, simply acquiesces.\" Henry \nM. Robert, Robert's Rules of Order Newly Revised  4, at \n52 (10th ed. 2001). \nconsent agenda. See consent calendar under CALENDAR \n(4). \nconsentaneous, adj. See CONSENSUAL. \nconsent calendar. 1. Family law. A schedule of informal \nhearings involving a child, usu. arranged when it \nappears that the child's best interests will be served if \nthe case is heard informally . The child and all inter\nested parties must first consent before the case goes \non the consent calendar. [Cases: Infants C:::c203.] 2. \nFor the parliamentary sense relating to a delibera\ntive assembly's business, see consent calendar under \nCALENDAR (4). \nconsent clause. See AUTHORIZATION CLAUSE. \nconsent decree. See DECREE. \nconsent dividend. See DIVIDEND. \nconsentient, adj. See CONSENSUAL. \nconsent judgment. See agreed judgment under \nJUDGMENT. \nconsent jurisdiction. See JURISDICTION. \nconsent order. See consent decree under DECREE. \nconsent search. See SEARCH. \nconsent to be sued. (1872) Agreement in advance to be \nsued in a particular forum. See COGNOVIT CLAUSE. \n[Cases: Corporations C:=:'662; States 191; United \nStates C:=:' 125.] \nconsent to notice. (1996) A provision stating that notice \nrequired by a document may be given beforehand or to \na designated person. \nconsequential contempt. See CONTEMPT. \nconsequential damages. See DAMAGES. \nconsequential economic loss. See ECONOMIC LOSS. \n\nconsequential injury. See consequential loss under \nLOSS. \nconsequentialism. Ethics. An ethical theory that judges \nthe rightness or wrongness of actions according to their \nconsequences . One of the best-known types of con\nsequentialism is utilitarianism. See UTILITARIANISM. \nCf. VIRTUE ETHICS. \nconsequential loss. See LOSS. \nconservation. Environmental law. The supervision, \nmanagement, and maintenance of natural resources; \nthe protection, improvement, and use of natural \nresources in a way that ensures the highest social as \nwell as economic benefits. [Cases: Environmental Law \nconservation easement. See EASEMENT. \nconservation restriction. See conservation easement \nunder EASEMENT. \nconservation servitude. See conservation easement \nunder EASEMENT. \nconservator (kan-sar-va-tar orkon-sar-vay-t;>r), n. (15c) \nA guardian, protector, or preserver.  Conservator is \nthe modern equivalent of the common-law guardian. \nJudicial appointment and supervision are still required, \nbut a conservator has far more flexible authority than \na guardian, including the same investment powers \nthat a trustee enjoys. The Uniform Probate Code uses \nthe term conservator, and Article 5 is representative of \nmodern conservatorship laws. [Cases: Guardian and \nWard 10.] conservatorship, n. \nmanaging conservator. (1974) 1. A"}
{"text": "and \nWard 10.] conservatorship, n. \nmanaging conservator. (1974) 1. A person appointed \nby a court to manage the estate or affairs of someone \nwho is legally incapable of doing so; GUARDIAN (1). \n[Cases: Guardian and Ward ~10.] 2. In the child\ncustody laws of some states, the parent who has \nprimary custody of a child, with the right to establish \nthe child's primary domicile. See CUSTODY. [Cases: \nChild Custody~28.) \npossessory conservator. (1974) See noncustodial parent \nunder PARENT. \nconservator ofthe peace. See PEACE OFFICER. \nconserve, vb. 1. To take care of; to care for. 2. To protect \nfrom change, destruction, or depletion. 3. To reduce or \nminimize the use of. \nconsideration, n. (l6c) 1. Something (such as an act, a \nforbearance, or a return promise) bargained for and \nreceived by a promisor from a promisee; that which \nmotivates a person to do something, esp. to engage \nin a legal act . Consideration, or a substitute such as \npromissory estoppel, is necessary for an agreement to \nbe enforceable. See Restatement (Second) ofContracts \n 81 (1979). [Cases: Contracts ~49.) \n\"A 'consideration' has been explained to be 'any act of the \nplaintiff from which the defendant, or a stranger, derives a \nbenefit or advantage, or any labour, detriment, or inconve\nnience sustained by the plaintiff, however small the detri\nment or inconvenience may be, if such act is performed, \nor inconvenience suffered by the plaintiff with the assent, \nexpress or implied, of the defendant, or, in the language of pleading, at the special instance and request of the defen \ndant.'' Thomas E. Holland, The Elements ofJurisprudence \n286 (13th ed. 1924). \n\"A conSideration in its widest sense is the reason, motive, \nor inducement, by which a man is moved to bind himself \nby an agreement. It is not for nothing that he consents \nto impose an obligation upon himself, or to abandon or \ntransfer a right. It is in consideration of such and such a fact \nthat he agrees to bear new burdens or to forgo the benefits \nwhich the law already allows him.\" John Salmond, Jurispru\ndence 3S9 (Glanville L. Williams ed., 10th ed. 1947). \n'The word 'consideration' has been around for a long time, \nso it is tempting to think we have had a theory of consid\neration for a long time. In fact until the nineteenth century \nthe word never acquired any particular meaning or stood \nfor any theory.\" Grant Gilmore, The Death of Contract 18 \n(1974). \n\"In the late fifteenth and early sixteenth centuries the word \n'consideration' was very familiar to lawyers, and although \nit had not yet acquired a special legal meaning (and indeed \nwas not to do so during the period under discussion) it \nhad already begun to develop legal associations. Most \ncommonly it was used in statutes .... In the statutes \nof Henry VI it became quite common for the draftsman, \nafter he had rehearsed the circumstances to introduce the \nenacting part with a clause in the following (or similar) \nform: 'The King, considering the premisses, of the Assent \nand Request aforesaid, hath ordained and established ... .' \nIn the course of time the matters which were conSidered, \nand to which consideration was given, came themselves to \nbe called 'the considerations.' [By the late 15th century] the \nconsiderations were the matters conSidered; they were the \nfactors which Parliament or the King was supposed to have \nhad in mind in legislating, and which moved or motivated \nthe enactment. Loosely the word could be treated as syn \nonymous with 'cause,' and both in statutes and elsewhere \ncauses and considerations were often mentioned in the \nsame breath. But 'cause' does not mean exactly the same \nthing as 'consideration'; it lacks the suggestion of what was \nin the mind, what was considered, what motivated:' AW.B. \nSimpson, Legal Theory and Legal History 332 (1987). \nadequate consideration. (17c) Consideration that is \nfair and reasonable under the circumstances of the \nagreement. Cf. sufficient consideration. Con\ntracts ~53,54.] \n\"It is helpful to observe precision in use of vocabulary \nwhen analyzing consideration issues. Distinguish carefully \nbetween 'adequate' consideration and 'sufficient' consider\nation. 'Adequacy' refers to whether there was a fair \ninvolving an exchange of equal values. 'Sufficiency' \nto whether the consideration is legally sufficient to enforce \na promise, and this requires only that there be some legal \ndetriment incurred as a bargained exchange for the other \nparty's promise.\" Claude Rohwer & Gordon D. Schaber, \nContracts in a Nutshell 83 (4th ed. 1997). \n\"Although courts have not lost the habit of speaking of an \n'adequate,' a 'sufficient,' or a 'valuable' consideration, the \nbargain test as epitomized in the Restatement imposes no \nsuch additional requirement.\" E. Allan Farnsworth, Con\ntracts  2.11, at 69-70 (3d ed. 1999). \nand other good and valuable consideration. See other \nconsideration. \nconcurrent consideration. Consideration arising at \nthe same time as other consideration, or where the \npromises are simultaneous. [Cases: Contracts \n56.) \ncontinuing consideration. An act or performance \nextending over time. \n\ndue consideration. See sufficient consideration. \nexecuted consideration. A consideration that has been \nwholly given; past consideration as opposed to present \nor future consideration. [Cases: Contracts (:::::o7S.] \nexecutory consideration (eg-zek-p-tor-ee). A consid\neration that is to be given only after formation of the \ncontract; present or future consideration as opposed \nto past consideration. \nexpress consideration. Consideration that is specifi\ncally stated in an instrument. \nfair consideration. (1Sc) 1. Consideration that is \nroughly equal in value to the thing being exchanged; \nconsideration given for property or for an obligation \nin either of the following circumstances: (1) when \ngiven in good faith as an exchange for the property \nor obligation, or (2) when the property or obligation \nis received in good faith to secure a present advance \nor prior debt in an amount not disproportionately \nsmall as compared with the value of the property or \nobligation obtained. -Also termed fair and valuable \nconsideration. 2. Consideration that is honest, reason\nable, and free from suspicion, but not strictly adequate \nor full. \nfuture consideration. (1979) 1. Consideration to be \ngiven in the future; esp., consideration that is due \nafter the other party's performance. 2. Consideration \nthat is a series of performances, some of which will \noccur after the other party's performance. 3. Consid\neration the specifics ofwhich have not been agreed on \nbetween the parties. Cf. past consideration. \ngood and valuable consideration. See valuable con\nsideration. \ngood consideration. (1Sc) 1. Consideration based on \nnatural love or affection or on moral duty <good \nconsideration, being based purely on affection, does \nnot amount to valuable consideration> . Such con\nsideration is usu. not valid for the enforcement of a \ncontract. -Also termed meritorious consideration; \nmoral consideration. [Cases: Contracts (:::::076,77.] \n\"A good consideration is that of blood, or the natural love \nand affection which a person has to his children, or any \nof his relatives .... A good consideration is not of itself \nsufficient to support a promise, any more than the moral \nobligation which arises from a man's passing his word; \nneither will the two together make a binding contract; thus \na promise by a father to make a gift to his child will not be \nenforced against him. The consideration of natural love \nand affection is indeed good for so little in law, that it is \nnot easy to see why it should be called a good consider \nation ....\" Joshua Williams, Principles of the Law ofPersonal \nProperty 95-96 (11th ed. 1881). \n\"Stated simply, good or meritorious consideration is \nnothing more than motive or moral obligation.\" 3 Richard \nA. Lord, Williston on Contracts  7:16, at 325-26 (4th ed. \n1992). \n2. Loosely, valuable consideration; consideration that \nis adequate to support the bargained-for exchange \nbetween the parties <his agreement to pay the offering \nprice was good consideration for the sale>. [Cases: \nContracts (:::::049.] gratuitous consideration (gr;J-t[y]oo-i-t;Js). (1SS0) \nConsideration that, not being founded on any det\nriment to the party who gives it, will not support a \ncontract; a performance for which a party was already \nobligated. \ngrossly inadequate consideration. Consideration \nwhose value is so much less than the fair value ofthe \nobject acquired that it may not support finding that \nthe transaction is a valid exchange . Depending on \nthe surrounding circumstances, the transaction may \nactually be fraud, a gift, or something else other than \na sale and purchase. [Cases: Contracts (:::::o53.J \nillegal consideration. (ISc) Consideration that is \ncontrary to the law or public policy, or prejudicial \nto the public interest . Such consideration does not \nsupport a contract. [Cases: Contracts 103.] \nimmoral consideration. A consideration that so \noffends societal norms as to be invalid . A contract \nsupported by immoral consideration is usu. voidable \nor unenforceable. -Also termed turpis causa. [Cases: \nContracts (:::::0 112.] \nimplied consideration. (ISc) Consideration that is \ninferred by law from the parties' actions. \nimpossible consideration. Consideration stemming \nfrom a promise or performance that cannot be ful\nfilled. [Cases: Contracts (:::::oSO.] \ninadequate consideration. (1Sc) Consideration that \nis not fair or reasonable under the circumstances of \nthe agreement. Cf. adequate consideration. [Cases: \nContracts (:::::053,54.] \ninvented consideration. (1977) Fictional consider\nation created by a court to prevent the invalidation \nofa contract that lacks consideration. \nlegal consideration. See VALUABLE CONSIDERATION. \nlegally sufficient consideration. See sufficient consid\neration. \nmeritorious consideration. See good consideration. \nmoral consideration. See good consideration. \nnominal consideration. (ISc) Consideration that is so \ninsignificant as to bear no relationship to the value \nof what is being exchanged (e.g., $10 for a piece of \nreal estate) . Such consideration can be valid, since \ncourts do not ordinarily examine the adequacy of \nconsideration (although they do often inquire into \nsuch issues as fraud and duress). -Also termed pep\npercorn. [Cases: Contracts (:::::053,54.] \n\"Offers made in consideration of one dollar paid or \npromised are often irrevocable .... The irrevocability of \nan offer may be worth much or little to the offeree, and \nthe courts do not ordinarily inquire into the adequacy of \nthe consideration bargained for. Hence a comparatively \nsmall payment may furnish consideration for the irrevoca \nbility of an offer proposing a transaction involving much \nlarger sums. But gross disproportion between the payment \nand the value of the option commonly indicates that the \npayment was not in fact bargained for but was a mere \nformality or pretense. In such a case there is no consid \neration .... Nevertheless, such a nominal consideration \nis regularly held sufficient to support a short-time option \n\nproposing an exchange on fair terms. The fact that the \noption is an appropriate preliminary step in the conclusion \nof a socially useful transaction provides a sufficient sub\nstantive basis for enforcement, and a signed writing taking \na form appropriate to a bargain satisfies the deSiderata of \nform. In the absence of statute, however, the bargaining \nform is essential: a payment of one dollar by each party to \nthe other is so obviously not a bargaining transaction that \nit does not provide even the form of an exchange.\" Restate\nment (Second) of Contracts  87 cmt. b (1979). \nother consideration. (18c) Additional things of value \nto be provided under the terms ofa contract, usu. \nunspecified in the contract, deed, or bill of sale, \nbecause they are too numerous to conveniently list, \nor to avoid public knowledge of the total amount of \nconsideration. -Also termed other good and valuable \nconsideration. \npast consideration. (I8c) An act done or a promise \ngiven by a promisee before making a promise sought \nto be enforced. Past consideration is not consid\neration for the new promise because it has not been \ngiven in exchange for this promise (although excep\ntions exist for new promises to pay debts barred by \nlimitations or debts discharged in bankruptcy). See \nPREEXISTING-DUTY RULE. Cf. future consideration. \n[Cases: Contracts (;::::c79.] \n\"A past consideration is, in effect, no consideration at all; \nthat is to say, it confers no benefit on the promisor, and \ninvolves no detriment to the promisee in respect of his \npromise. It is some act or forbearance in time past bywhich \na man has benefited without thereby incurring any legal \nliability.\" William R. Anson, Principles ofthe Law ofContract \n149 (Arthur L. Corbin ed., 3d Am. ed. 1919). \n'''Past Consideration.' The quotation marks suggest that \nthere is something wrong with this phrase. Past consid\neration, or something given, done, or suffered in the past \nwhich purportedly supports a subsequent promise, is no \nconsideration. If a benefit has been conferred upon the \npromisor or if the promisee has suffered a detriment in \nthe past and there is a subsequent promise to pay therefor, \nthere is no bargain for such past value. Therefore, it cannot \nconstitute consideration.\" John Edward Murray Jr., Cases \nand Materials on Contracts 427 (2d ed. 1976). \nsufficient consideration. (l7c) Enough consideration as \na matter oflaw to support a contract. -Also termed \ndue consideration; legally sufficient consideration. Cf. \nadequate consideration. [Cases: Contracts (;::::;>54.] \nvaluable consideration. (17c) Consideration that is \nvalid under the law; consideration that either confers \na pecuniarily measurable benefit on one party or \nimposes a pecuniarily measurable detriment on the \n"}
{"text": "confers \na pecuniarily measurable benefit on one party or \nimposes a pecuniarily measurable detriment on the \nother. Also termed good and valuable consider\nation; legal consideration. [Cases: Contracts (;::::c49.] \n\"By a valuable consideration is meant something of value \ngiven or promised by one party in exchange for the \npromise of the other. ... The thing thus given by way of \nconsideration must be of some value. That is to say, it must \nbe material to the interests of one or the other or both of \nthe parties. It must either involve some gain or benefit \nto the promisor by way of recompense for the burden of \nhis promise, or it must involve some loss or disadvantage \nto the promisee for which the benefit of the promise is a \nrecompense.\" John Salmond, jurisprudence 360 (Glanville \nL. Williams ed., 10th ed. 1947). 2. Parliamentary law. The process by which a delibera\ntive assembly disposes ofa motion; DELIBERATION . \nConsideration begins with a member making a motion \nand the chair stating the question on the motion; it \nends with the chair putting the question on the motion \n(or on a subsidiary motion that disposes of the first \nmotion). It also includes debate and may also include \n(among other things) amendment and referral to a \ncommittee. \nconsideration byparagraph. See consideration seria\ntim. \nconsideration seriatim. Consideration serially, \nwhereby a deliberative assembly considers a long or \ncomplex motion in a series ofreadily divisible parts \nbefore on the entire motion. Also termed \nconsideration by paragraph (in which case a \"para\ngraph\" means not a literary paragraph but any readily \ndivisible part of a motion, which may include more \nthan one literary paragraph); serial consideration. \n\"When a proposition, motion or resolution has many parts \n(paragraphs, sections, or clauses), or many articles (as a set \nof bylaws which is up for revision or amendment), it is best \nand most prudent that no vote be taken on each separate \npart. Instead, a single vote covering all its parts should \nbe taken after each of them has been duly conSidered, \namended, and perfected. Seriatim (Lat.) literally means \n'serially,' and when applied to several or more parts of a \nparliamentary proposal or question it means consideration \nparagraph by paragraph or part by part. \n\"Hence, under the doctrine of consideration by paragraph, \nor seriatim, each part is discussed and may be amended \nand perfected to suit; then, without putting it to a vote \nfor final adoption, the next part or paragraph is Similarly \nopen to discussion and amendment, but is not voted on for \nfinal adoption yet; and, in like manner, each additional part \nis perfected in turn until all the parts of a proposal have \nbeen considered.\" George Demeter, Demeter's Manual of \nParliamentary Law and Procedure 146 (1969). \ninformal consideration. Consideration without limit \non how often a member may speak to the same \nquestion. Informal consideration is substantially \nequivalent to consideration in committee ofthe whole \nor quasi committee ofthe whole, without the fiction \nofthe assembly resolving itself into a committee. See \ncommittee ofthe whole under COMMITTEE. \nserial consideration. See consideration seriatim. \n3. Hist. A court's judgment. Also termed (in Roman \nlaw) consideratio. \nconsideration, failure of. See FAILURE OF CONSIDER\nATIO::-l'. \nconsideration, want of. See WANT OF CONSIDERATION. \nconsideratum estper curiam (k;)n-sid-<}-ray- t<}m est p<}r \nkyoor-ee-<}m). [Latin] Hist. It is considered by the court. \n This was the formal language preceding the judgment \nof a common-law court. Sometimes shortened to \nconsideratum est. Cf. IDEO CONSIDERATUM EST. \n\"A judgment is the decision or sentence of the law, given \nby a court ofjustice, as the result of proceedings instituted \ntherein for the redress of an injury. The language of the \njudgment is not, therefore, that 'it is decreed,' or 'resolved,' \nby the court, but that 'it is considered by the court,' consid\neratum est per curiam, that the plaintiff recover his debt, \n\n350 consign \netc. In the early writers, considerare, consideratio always \nmeans the judgment of a court.\" 1 John Bouvier, Bouvier's \nLaw Dictionary 619 (8th ed. 1914). \nconsign (k;m-sm), vb. (16c) 1. To transfer to another's \ncustody or charge. 2. To give (goods) to a carrier for \ndelivery to a designated recipient. 3. To give (merchan\ndise or the like) to another to sell, usu. with the under\nstanding that the seller will pay the owner for the goods \nfrom the proceeds. [Cases: Factors \nconsignation (kon-sig-nay-sh;m), n. 1. A debtor's \ndelivery ofmoney to an authorized third party after \nthe creditor refuses to accept the payment. -Unlike a \ntender, a valid consignation discharges the debtor. Cf. \nTENDER (1). 2. CONSIGNMENT (1). \nconsignator (k~n-sig-mHor), n. A person authorized \nto accept delivery of money from a debtor ifa creditor \nrefuses to accept it. See CONSIGNATION. \nconsignee (kon-sl-nee or k~n-). (18c) One to whom goods \nare conSigned. Cf. CONSIGNOR. \nconsignment (bn-sIn-mant). (17c) I. The act of con\nsigning goods for custody or sale. Also termed \n(archaically) consignation. [Cases: Factors 2. A \nquantity of goods delivered by this act, esp. in a Single \nshipment. 3. Under the UCC, a transaction in which \na person delivers goods to a merchant for the purpose \nof sale, and (1) the merchant deals in goods of that \nkind under a name other than the name of the person \nmaking delivery, is not an auctioneer, and is not gener\nally known by its creditor to be substantially engaged in \nselling others' goods, (2) with respect to each delivery, \nthe aggregate value of the goods is $1,000 or more at \nthe time of delivery, (3) the goods are not consumer \ngoods immediately before delivery, and (4) the trans\naction does not create a security interest that secures \nan obligation. UCC  9-102(a)(20). 4. See bailment for \nsale under BAILMENT. \nconsignment sale. See SALE. \nconsignor (k~n-SI-n<lr or kon-sI-nor). (I8c) One who dis\npatches goods to another on consignment. Cf. CON\nSIGNEE. \nconsiliarius (k;)n-sil-ee-air-ee-~s), n. [fro Latin cons ilium \n\"adVice\"]!. Roman law. A person who advises a magis\ntrate; one who sits with the judge and assists in deciding \ncases. See CONCILIUM (1). 2. Hist. A counselor learned \nin law. See APOCRISARIUS. \nconsimili casu. See CASU CONSIMILI. \nconsistorial court. See CONSISTORY COURT. \nconsistorium (kon-sis-tor-ee-am), n. [Latin] Roman law. \nIn the later Empire, the emperor's privy council that \nfunctioned both as a general council of state and as a \nsupreme court oflaw. \nconsistory court (k~n-sis-tar-ee). Eccles. law. ]n England, \na diocesan court exercising jurisdiction over the clergy \nand church property, such as a and other \necclesiastical matters. _ Consistory courts are preSided \nover by the bishop's chancellor or the chancellor's commissary. Also termed consistorial court. Cf. BISHOP'S \nCOURT. \nconsobrini (kon-s~-brI-m), n. pl. [Latin] Roman law. \nFirst cousins; children ofbrothers and sisters, or, more \nprecisely, of two sisters. \nconsol (kon-sol or bn-sol). See annuity bond under \nBOND (3). \nConsolato del Mare (kawn-soh-Iah-toh del mah-ray). \n[Italian \"consolate of the sea\"] Hist. Maritime law. An \ninfluential collection of European maritime customs, \nreferred to by commercial judges (consuls) in ports \nof the kingdom of Aragon and other Mediterra\nnean maritime towns. _ The Consolato del Mare was \ncompiled in the 14th century and soon became one \nof the leading maritime codes of Europe. It is widely \nbelieved to be a Spanish work, but some historians \nsuggest its origin is actually Italian. -Also written \nConsolat de Mar. \nconsolidate, vb. 1. To combine or unify into one mass \nor body. 2. Civil procedure. To combine, through court \norder, two or more actions involving the same parties or \nissues into a single action ending in a Single judgment \nor, sometimes, in separate judgments. [Cases: Action \n(;::::>54-59; Federal Civil Procedure (;::::>8.] 3. Corpo\nrations. To unite (two or more corporations or other \norganizations) to create one new corporation or other \norganization. [Cases: Corporations (;::::::>581.] \nconsolidated appeal. See APPEAL. \nconsolidated bond. See BOND (3). \nconsolidated financial statement. See FINANCIAL STATE\nMENT. \nconsolidated laws. See CODE (1). \nconsolidated mortgage. See MORTGAGE. \nConsolidated Omnibus Budget Reconciliation Act of \n1985. A federal statute requiring employers that offer \ngroup health coverage to their employees to continue \nto do so for a prescribed period (usu. 18 to 36 months) \nafter employment has terminated so that the former \nemployee can continue to benefit from group-health \nrates until becoming a member of another health\ninsurance plan. -The statute temporarily continues \ngroup-health coverage for a person no longer entitled to \nreceive it, such as a terminated employee or an overage \ndependent. \"Qualifying events\" justifying the con\ntinuation ofgroup-health-insurance benefits include \ndivorce, legal separation, or the death of a spouse. So \nCOBRA often provides critical transitional coverage \nuntil a separated, divorced, or surviving spouse and \nchildren can arrange for new health insurance. The \nperiod oftransitional coverage is up to 36 months, and \nan applicant spouse ofthe employee must make written \napplication to the employer within 60 days ofthe sepa\nration or divorce. -Abbr. COBRA. [Cases: Labor and \nEmployment G~AOl.J \n\"In the absence of any type of statutory vesting provision \n(which would render benefits nonforfeitable), terminated \nemployees were generally left without health care coverage \nwhile they were looking for another job. While some state \n\n351 \ninsurance laws provide for limited continuation coverage \nor individual conversion options, these alternatives were \nnot available in all states. .. Thus, COBRA was designed \nto fill this void, by providing a statutorily mandated mecha\nnism for enabling terminated employees (and their eligible \nfamily members) to continue to have access to group health \ncoverage at group rates until they can get another job or \notherwise arrange for replacement coverage.\" I.M. Golub \net ai., COBRA Handbook  1.1, at 1-2 (1994). \nconsolidated return, See TAX RETURN. \nconsolidated school district. See SCHOOL DISTRICT. \nconsolidated security. See SECURITY. \nconsolidated sentence. See general sentence under \nSENTENCE.' \nconsolidating statute. See STATUTE. \nconsolidation, n. (15c) 1. The act or process of uniting; \nthe state ofbeing united. 2. Legislation. '{he combina\ntion into a Single statutory measure ofvarious legisla\ntive provisions that have previously been scattered in \ndifferent statutes. 3. Civil procedure. The court-ordered \nunification oftwo or more actions, involving the same \nparties and issues, into a Single action resulting in a \nSingle judgment or, sometimes, in separate judgments. \nFed. R. Civ. P. 42(a). Also termed consolidation of \nactions. Cf. JOINDER; SEVERANCE (2). [Cases: Action \n(;=54-59; Federal Civil Procedure (;::;:::>S.] \nprocedural consolidation. See JOINT ADMINISTRA\nTION. \nsubstantive consolidation. Bankruptcy. The merger of \ntwo or more bankruptcy cases, usu. pending against \nthe same debtor or related debtors, into one estate for \npurposes of distributing the assets, usu. resulting in \nthe two estates sharing assets and liabilities, and in \nthe extingUishment of duplicate claims and claims \nbetween the debtors. [Cases: Bankruptcy C:::>20S4.] \n4. Corporations. The unification of two or more cor\nporations or other organizations by dissolving the \nexisting ones and creating a Single new corporation or \norganization. Also termed (with respect to corpo\nrations) consolidation ofcorporations. Cf. MERGER (8). \n[Cases: Corporations C:::>5SLJ 5. Corporations. Archaic. \nA union ofthe stock, property, or franchises of two or \nmore companies whereby the conduct of their affairs \nis permanently -or for a long period put under one \nmanagement, whether the agreement between them is \nbv lease, sale, or other form of contract, and whether \nthe effect is the dissolution of one, both, or neither of \nthe companies. -consolidate, vb. consolidatory \n(bn-sol-;J-day-t;Jr-ee), adj. \nconsolidation loan. See LOAN. \nconsolidation ofactions. See CONSOLIDATION (3). \nconsolidation of corporations. See CONSOLIDATION \n(4). \nconsolidation of mortgages. Hist. '{he equitable right \nofa mortgagee who holds multiple mortgages on real \nproperty owned by the same person to refuse to release \none mortgage unless all the mortgages are redeemed. \n[Cases: Mortgages C=>309(1).] conspiracy \nconsonant statement. See STATEMENT. \nconsortium (bn-sor-shee-;Jm). (1836) 1. The benefits \nthat one person, esp. a spouse, is entitled to receive \nfrom another, including companionship, cooperation, \naffection, aid, financial support, and (between spouses) \nsexual relations <a claim for loss of consortium>. See \nLOSS OF CONSORTIUM"}
{"text": "and (between spouses) \nsexual relations <a claim for loss of consortium>. See \nLOSS OF CONSORTIUM; CONJUGAL RIGHTS. \nfilial consortium (fil-ee-;Jl). A child's society, affection, \nand companionship given to a parent. [Cases: Parent \nand Child \nparental consortium. A parent's society, affection, and \ncompanionship given to a child. [Cases: Parent and \nChild C=>7.5.] \nspousal consortium. A spouse's society, affection, and \ncompanionship given to the other spouse. [Cases: \nHusband and Wife C=>209(3, 4).] \n2. Hist. The services of a wife or daughter, the loss of \nwhich gives rise to a cause of action. - A husband could, \nfor example, bring an action against a person who had \ninjured his wife, \"whereby he lost the help or compan\nionship (of his wife)\" (per quod consortium amisit). 3. A \ngroup of companies that join or associate in an enter\nprise <several high-tech businesses formed a consor\ntium to create a new supercomputer>. 4. Roman law. A \ncommunity of undivided goods existing among coheirs \nafter the death ofthe head of their family (paterfamil\nias). PI. consortiums, consortia. \nconsortium vitae (k,m-sor-shee-;Jm VI-tee). [Law Latin] \nHist. Cohabitation; the agreement between two parties \nto live together. \nconsortship (kon-sort-ship). Maritime law. An agree\nment by which salvors agree to work together to salvage \nwrecks, the recovery being apportioned among the \nsalvors. -Consortships reduce interference among \ncompeting salvors and help prevent collisions at sea \nbetween operators attempting to salvage the same \nwreck. \nconspicuous, adj. (1534) (Of a term or clause) clearly \nvisible or obvious. -Whether a printed clause is con\nspicuous as a matter oflaw usu. depends on the size \nand style ofthe typeface. Under the UCC, a term or \nclause is conspiCUOUS if it is written in a way that a \nreasonable person against whom it is to operate ought \nto notice it. UCC  1-201(10). See FINE PRINT. [Cases: \nSales C=>267.] \nconspicuous place. (lSc) For purposes of posting notices, \na location that is reasonably likely to be seen. \nconspiracy, n. (14c) An agreement by two or more \npersons to commit an unlawful act, coupled with an \nintent to achieve the agreement's objective, and (in most \nstates) action or conduct that furthers the agreement; a \ncombination for an unlawful purpose. 18 USCA  371. \n_ Conspiracy is a separate offense from the crime that \nis the object ofthe conspiracy. A conspiracy ends when \nthe unlawful act has been committed or (in some states) \nwhen the agreement has been abandoned. A conspiracy \ndoes not automatically end ifthe conspiracy's object is \n\n352 conspirator \ndefeated. See Model Penal Code  5.03(7); United States \nv. Jiminez Recio, 537 U.S. 270, 123 S.Ct. 819 (2003). \nAlso termed criminal conspiracy. Cf. ATTEMPT (2); \nSOLICITATION (2). [Cases: Conspiracy ~1.1,23.1.] \nconspiratorial, adj. \n\"Conspiracie (conspiratio) though both in Latine and French \nit be used for an agreement of men, to doe any thing either \ngood or bad: yet in our lawyers bookes, it is alway taken in \nthe evill part.\" John Cowell, The Interpreter (1607). \n\"[Conspiracy is an] elastic, sprawling and pervasive \noffense, ... so vague that it almost defies definition. \nDespite certain elementary and essential elements, it \nalso, chameleonlike, takes on a special coloration from \neach of the many independent offenses on which it may be \noverlaid. It is always 'predominantly mental in composition' \nbecause it consists primarily of a meeting of minds and an \nintent.\" Krulewitch v. United States, 336 U.S. 440, 445-48, \n69 S.Ct. 716, 719-20 (1949) (Jackson,J., concurring). \n\"When two or more persons combine for the purpose of \ninflicting upon another person an injury which is unlawful \nin itself, or which is rendered unlawful by the mode in \nwhich it is inflicted, and in either case the other person \nsuffers damage, they commit the tort of conspiracy.\" P.H. \nWinfield, A Textbook of the Law of Tort  128, at 434 (5th \ned. 1950). \nbathtub conspiracy. See intra-enterprise conspiracy. \nchain conspiracy. (1959) A single conspiracy in which \neach person is responsible for a distinct act within \nthe overall plan, such as an agreement to produce, \nimport, and distribute narcotics in which each person \nperforms only one function . All participants are \ninterested in the overall scheme and liable for all \nother participants' acts in furtherance of that scheme. \n[Cases: Conspiracy ~24(3).1 \n\"In a 'chain' conspiracy, the court looks to whether the \nparties serve as links in a chain. In Blumenthal v. United \nStates (1947), the Supreme Court found that the parties had \nagreed to sell liquor at prices exceeding the ceiling set by \nregulations of the Office of Price Administration. The Court \nfound that the agreements were steps in the formulation \nof one larger general conspiracy. By reason of all having \nknowledge of the plan's general scope and common end, \nthe disposing of whiskey, they could be drawn together in \na single conspiracy.\" Ellen S. Podgor &Jerold H. Israel, White \nCollar Crime in a Nutshell 52 (2d ed. 1997). \ncircle conspiracy. See wheel conspiracy. \ncivil conspiracy. (1901) An agreement between two or \nmore persons to commit an unlawful act that causes \ndamage to a person or property. [Cases: Conspiracy \n~1.1.1 \nconspiracy in restraint oftrade. See RESTRAINT OF \nTRADE. \nconspiracy to infringe. Intellectual property. An agree\nment by two or more persons to commit an act that \nwould interfere with the exclusive rights of a patent, \ncopyright, or trademark owner.  This action is \ncommonly recognized in trademark law. 18 USCA \n 371; 17 USCA  506(a)(l). The Copyright Act does \nnot provide a basis for alleging a conspiracy to \ninfringe, but an action is recognized by some states. \nThe Patent Act provides no basis for an action assert\ning conspiracy to infringe because patent law covers only acts, not threats ofacts. [Cases: Conspiracy ~ \n8.] \nconspiracy to monopolize. Antitrust. A conspiracy \nto take exclusive control of a commercial market . \nUnder  2 ofthe Sherman Act, a conspiracy to monop\nolize exists ifthere is a conspiracy or concerted action \ndirected at a substantial part ofinterstate commerce \nwith the intent to acquire monopoly power. [Cases: \nAntitrust and Trade Regulation ~625.] \nhub-and-spoke conspiracy. See wheel conspiracy. \nintracorporate conspiracy. A conspiracy existing \nbetween a corporation and its own officers, agents, \nor employees . To be prosecutable under federal law, \nthe conspiracy must involve at least two persons (Le., \nnot just the corporation and one person). 18 USCA \n 371. A corporation cannot conspire with its employ\nees, and its employees, acting in the scope of their \nemployment, conspire among themselves. McAndrew \nv. Lockheed Martin Corp., 206 F.3d 1031, 1035 (11th \nCir. 2000). [Cases: Conspiracy ~2,40; Corpora\ntions ~496.1 \nintra-enterprise conspiracy. Antitrust. A conspiracy \nexisting between two subsidiaries, divisions, or other \nparts of the same firm. -Also termed bathtub con\nspiracy. \nseditious conspiracy. (1893) A criminal conspiracy to \nforcibly (1) overthrow or destroy the U.S. government, \n(2) oppose its authority, (3) prevent the execution of \nits laws, or (4) seize or possess its property. 18 USCA \n 2384. [Cases: Conspiracy~28(3).1 \nwheel conspiracy. (1959) A conspiracy in which a single \nmember or group (the \"hub\") separately agrees with \ntwo or more other members or groups (the \"spokes\"). \n The person or group at the hub is the only party \nliable for all the conspiracies. -Also termed circle \nconspiracy; hub-and-spoke conspiracy. [Cases: Con\nspiracy ~24(3).1 \nconspirator, n. (15c) A person who takes part in a con\nspiracy. \nunindicted conspirator. See unindicted coconspirator \nunder COCONSPIRATOR. \nconspire, vb. To engage in conspiracy; to join in a con\nspiracy. \nconstable (kon-st<:l-b<:ll), n. (13c) 1. A peace officer \nresponsible for minor judicial duties, such as serving \nwrits and warrants, but with less authority and smaller \njurisdiction than a sheriff. 2. In the United Kingdom, \na police officer; also, the title ofa police officer. [Cases: \nSheriffs and Constables ~8.1 -constabulary (k<:ln\nstab-Y<:l-ler-ee), adj. -constabulary (police station or \nforce), n. \nconstablewick (kon-st<:l-b<:ll-wik). Hist. In the United \nKingdom, the territorial jurisdiction of a constable. \nCf. BAILIWICK. \nconstant dollars. The value ofcurrent money expressed \nas a percentage ofits buying power in a previous year as \n\n353 constitution \ndetermined by the consumer price index. -This value \nis used as a measure of inflation. \nconstat (kon-stat), n. [Latin \"it is settled\"] Hist. A cer\ntificate made by the Clerk of the Pipe and the auditors \nof the Exchequer at the request of a person intending \nto plead in the Court of Exchequer for the discharge \nof some item. _ The constat certified what appeared \non record. \nconstat de persona (kon-stat dee pdr-soh-nd). [Law \nLatin] Hist. It is evident what person was meant. _ A \nwriting that misidentified a person was enforceable if \nthe true identity of the person was evident from the \nremainder. of the document. See DUMMODO CONSTET \nDE PERSONA. \nconstat de subjecto (kon-stat dee sGb-jek-toh). [Law \nLatin) Hist. It is clear as to the subject matter (of a \ntransaction). . \nconstate (kGn-stayt), vb. To establish, constitute, or \nordain. -Constate usu. appears in relation to corporate \ndocuments; for example, a corporation is constated by \nits charter, organic law, or grant of powers to it. \nconstituency. 1. The body of citizens dwelling in a \ndefined area and entitled to elect a representative. 2. \nThe residents of an electoral district. \nconstituency-based quorum. See interest-based quorum \nunder QUORUM. \nconstituent, adj. 1. (Of a component) that helps make up \nor complete a unit or a whole <a constituent element of \nthe criminal offense>. 2. (Of an assembly) able to frame \nor amend a constitution <a constituent council>. \nconstituent, n. (17c) 1. A person who gives another the \nauthority to act as a representative; a principal who \nappoints an agent. 2. Someone who is represented by a \nlegislator or other elected official. 3. One part ofsome\nthing that makes up a whole; an element. constitu\nency, n. \n,constituent element. An essential component ofa crime \nor cause of action. \nconstituere (kon-sti-tyoo-G-ree), vb. [Latin \"to appoint\"] \nHist. To appoint (someone). -Constituere was used \nprincipally in powers of attorney: attornavi et in loco \nmea constitui (\"I have attorned and put in my place\"). \nconstituted annuity. See ANNUITY. \nconstituted authority. See AUTHORITY (3). \nconstitutio (kon-sti-t[y]oo-shee-oh), n. [Latin \"a decree\"] \n1. Roman law. An imperial decree; a law issued by the \nemperor; later, in the plural form constitutiones, a col\nlection oflaws. -The eonstitutiones took various forms, \nincluding orationes (laws submitted to the Senate), \nedieta (laws usu. of a general character put forth \nby the emperor), mandata (administrative directives to \nimperial officials), decreta (decisions by the emperor in \nlegal cases), and reseripta (the emperor's responses to \nquestions posed by litigants or imperial officials). Over \ntime, the rapidly increasing number of eonstitutiones \nprompted their arrangement into collections such as \nthe Theodosian Code and the Code of Justinian. They were the sole form oflegislation after the third century \nA.D. PI. constitutiones (kon-sti-t[yjoo-shee-oh-neez). \nAlso termed (collectively) eonstitutiones principum. See \nCODEX THEODOSIANUS; JUSTINIAN CODE. \n\"The name constitutiones, applied to the law-making \nutterances of the Roman emperors, had a very different \nmeaning from our word 'constitution,' used to denote \nthe fundamental, organic law of the state, Every official \npublic document issuing from the emperor, and creating, \ndeclaring, or modifying law, was a constitutio . ... [Alnd \nit is hardly necessary to say that, although profeSSing to \ncome from the person of the emperor, they were actually \ncomposed by jurists, and usually by those who stood first \nin their profession.\" James Hadley, Introduction to Roman \nLaw 6-7 (1881). \n2. Civil law. A settlement achieved without a trial; \nthe sum paid according to the settlement. 3. Hist. In \nEngland, a statute; a provision of"}
{"text": "without a trial; \nthe sum paid according to the settlement. 3. Hist. In \nEngland, a statute; a provision of a statute. PI. consti\ntutiones (kon -sti-t[yJoo-shee-oh- neez). \nconstitution. (18c) 1. The fundamental and organic law \nofa nation or state that establishes the institutions and \napparatus ofgovernment, defines the scope ofgovern\nmental sovereign powers, and guarantees individual \ncivil rights and civil liberties. [Cases: Constitutional \nLaw C='500.] 2. The written instrument embodying \nthis fundamental law, together with any formal amend\nments. \nflexible constitution. A constitution that has few or no \nspecial amending procedures. -The British Constitu\ntion is an example. Parliament can alter constitutional \nprinciples and define new baselines for government \naction through ordinary legislative processes. The \nCanadian Constitution also grants its legislature \nsome limited ability to amend the Constitution by \nlegislation. \nrigid constitution. A constitution whose terms cannot \nbe altered by ordinary forms of legislation, only by \nspecial amending procedures. _ The U.S. Constitu\ntion is an example. It cannot be changed without the \nconsent of three-fourths of the state legislatures or \nthrough a constitutional convention. U.S. Const. art. \nV. \nunwritten constitution. 1. The customs and values, \nsome of which are expressed in statutes, that proVide \nthe organic and fundamental law of a state or country \nthat does not have a Single written document func\ntioning as a constitution. -In British constitutional \nlaw, the constitution is a collection of historical docu\nments, statutes, decrees, conventions, traditions, and \nroyal prerogatives. Documents and statutes include \nMagna Carta (1215), the Bill of Rights (1689), and the \nEuropean Communities Act (1972). 2. The implied \nparts of a written constitution, encompassing the \nrights, freedoms, and processes considered to be \nessential, but not explicitly defined in the written \ndocument. -Many aspects of an unwritten consti\ntution are based on custom and precedent. The U.S. \nConstitution does not, for example, give the Supreme \nCourt the power to declare laws unconstitutional but \nthe Court does so without question. Nor does the \nConstitution expressly guarantee a right of privacy, \n\nbut the Supreme Court has declared that the right \nexists and is protected. See PENUMBRA; RIGHT OF \nPRIVACY. \n3. A nation's history ofgovernment and institutional \ndevelopment. _ This was the standard definition before \nthe United States produced the first written constitu\ntion. It remains current in Great Britain and other \nnations that have unwritten constitutions. 4. Parlia\nmentary law. A governing document adopted by an \norganization for its internal governance and its external \ndealings. _ The constitution may be an organization's \nmost authoritative governing document, but if the \norganization has also received a charter or adopted \narticles of incorporation or association, then the con\nstitution is subordinate to them. If the organization has \nalso adopted bylaws, then the bylaws are subordinate to \n(and usu. more easily amended than) the constitution. \nThe constitution and bylaws are sometimes contained \nin a single document. See governing document under \nDOCUMENT. Cf. BYLAW (1). \nconstitutional, adj. (18c) 1. Ofor relating to a constitu\ntion <constitutional rights>. 2. Proper and valid under \na constitution <constitutional actions>. \nconstitutional challenge. See CHALLENGE (1). \nconstitutional convention. See CONVENTION (2). \nconstitutional court. See COURT. \nconstitutional-fact doctrine. 1. The rule that federal \ncourts are not bound by an administrative agency's \nfindings of fact when the facts involve whether the \nagency has exceeded constitutional limitations on its \npower, esp. regarding personal rights. -The courts \nreviewed the facts de novo to afford protection of con\nstitutional rights. Although it has not been overruled \nor wholly discredited, this rule has fallen out of favor. \n[Cases: Administrative Law and Procedure C:=>783, \n784.1.] 2. The rule that a federal appellate court is not \nbound by a trial court's findings of fact when consti\ntutional rights are implicated, specifically in citizen\nship-determination and First Amendment cases. See, \ne.g., Bose Corp. v. Consumers Union, 466 U.S. 485,104 \nS.Ct. 1949 (1984). Cf. JURISDICTIONAL-FACT DOCTRINE. \n[Cases: Federal Courts \nconstitutional freedom. (1822) A basic liberty guaran\nteed by the Constitution or Bill of Rights, such as the \nfreedom of speech. -Also termed constitutional pro\ntection; constitutional liberty. \nconstitutional guarantee. A promise contained in the \nUnited States Constitution that supports or establishes \nan inalienable right, such as the right to due process. \n[Cases: Constitutional Law C:=> 1050.J \nconstitutional homestead. See HOMESTEAD. \nconstitutional immunity. See IMMUNITY (1). \nconstitutionality, n. The quality or state of being con\nstitutional <the constitutionality ofthe senator's bill is \nquestionable>. \nconstitutionalize, vb. (1831) 1. To provide with a consti\ntution <constitutionalize the new government>. 2. To make constitutional; to bring in line with a constitution \n<the court plans to constitutionalize the segregated \nschool district>. 3. To make a constitutional question \nout of (a question oflaw); to subject (issue, etc.) to the \nburden of passing constitutional muster <the dissenter \naccused the majority of unnecessarily constitutional\nizing its the issue>. \nconstitutional law. (18c) 1. The body of law deriving \nfrom the U.S. Constitution and dealing primarily with \ngovernmental powers, civil rights, and civil liberties. 2. \nThe body oflegal rules that determine the constitution \nof a state or country with an unwritten constitution. \nCf. STATUTORY LAW; COMMON LAW. 3. The field ofIaw \ndealing with aspects ofconstitutional provisions, such \nas restrictions on government powers and guarantees \nof rights. \nconstitutional liberty. See CONSTITUTIONAL FREEDOM. \nconstitutional limitation. (18c) A constitutional provi\nsion that restricts the powers ofa governmental branch, \ndepartment, agency, or officer. \nconstitutional majority. See majority ofall the members \nunder MAJORITY. \nconstitutional malice. See actual malice (2) under \nMALICE. \nconstitutional monarchy. See limited monarchy under \nMONARCHY. \nconstitutional office. A public position that is created by \na constitution, rather than by a statute. \nconstitutional officer. See OFFICER (1). \nconstitutional protection. See CONSTITUTIONAL \nFREEDOM. \nconstitutional question. (18c) A legal issue resolvable \nby the interpretation of a constitution, rather than a \nstatute. \nconstitutional right. (18c) A right guaranteed by a con\nstitution; esp., one guaranteed by the U.S. Constitution \nor by a state constitution. \nconstitutional taking. See TAKING (2). \nconstitutional tort. See TORT. \nconstitutiones principum (kon-sti-t[yJoo-shee-oh-neez \nprin-sip-a). [LatinJ See CONSTITUTIO. \nConstitutions ofClarendon. Hist. A 12th-century state\nment of customary law, produced during the reign of \nHenry II, intended to limit the jurisdiction of the eccle\nsiastical courts and narrow the clergy's exemption from \nsecular justice. \n\"During the first half of the twelfth century the claims of \nthe church were growing, and the duty of asserting them \npassed into the hands of men who were not mere theo\nlogians but expert lawyers. Then, as ali know, came the \nquarrel between Henry and Becket. In the Constitutions \nof Clarendon (1164) the king offered to the prelates a \nwritten treaty, a treaty which, so he said, embodied the \n'customs' of his ancestors, more especially of his grandfa\nther. Becket, after some hesitation, rejected the constitu\ntions. The dispute waxed hot; certain of the customs were \ncondemned by the pope. The murder followed .... [F] \nrom [Henry's] time onwards the lay courts, rather than the \n\n355 \nspiritual, are the aggressors and the victors in almost every \ncontest:' 1 Frederick Pollock & Frederic W, Maitland, The \nHistory of English Law 124~25 (2d ed, 1898), \nconstitutor (kon-stJ-t[y]oo-tJr), n. [Latin \"an orderer, \narranger\"] Roman law. A person who, by agreement, \nbecomes responsible for the payment ofanother's debt. \nconstitutum (kon-sti-t[y]oo-tdm), n. [Latin \"agreed \narrangement\"] Roman law. 1. An agreement to pay an \nexisting debt, either one's own or another's, on a fixed \nday. A constitutum was not a novation; the creditor \ncould still sue the original debtor. It differed from a \nstipulation because it had to be for an existing debt. \nIf the pron1ise was to pay one's own debt, it was called \nconstitutum debiti proprii. Ifit was to pay another's \ndebt, then it was constitutum debiti alieni. 2. The fixing \nofa day for the repayment of money owed. \nconstitutum debit; (kon-sti-t[y]oo-tJm deb-J-tI). [Latin \n\"debt agreement\"] Roman law. See CONSTITUTUM (1). \nconstitutum debiti alieni (kon-sti-t[y]oo-tJm deb-J-tI \nay-Iee-J-nI). [Latin\" debt agreement\"] Roman law. See \nCONSTITUTUM (1). \nconstitutum debiti proprii (kon-sti-t[y]oo-tJm deb-J-tI \nproh-pree-I). [Latin \"debt agreement\"] Roman law. See \nCONSTITUTUM (1). \nconstitutum possessorium (kon-sti-t[y]oo-tam pah-ses\nsor-ee-am). [Latin \"possessory agreement\"] Roman law. \n1. A type of constructive delivery in which mediate \npossession is transferred while the immediate control \nor custody remains in the transferor. 2. The agree\nment by which this transfer is brought about.  In the \ncontext ofa security interest, the pledged property may \nremain in the possession of the debtor, but as bailee \nof the creditor. For the other two types of construc\ntive delivery, see ATTORNMENT; BREVI MANU. Also \ntermed traditio longa manu (tra-dish-ee-oh long-gJ \nman-yoo). \n\"[Another] form of constructive delivery is that which the \ncommentators on the civil law have termed constitutum \npossessiorum . , . , Any thing may be effectually delivered \nby means of an agreement that the possessor of it shall \nfor the future hold it no longer on his own account but \non account of someone else, . , . [I]f I buy goods from a \nwarehouseman, they are delivered to me so soon as he has \nagreed with me that he will hold them as warehouseman \non my account. The position is then exactly the same as if \nI had first taken actual delivery of them, and then brought \nthem back to the warehouse, and deposited them there for \nsafe custody,\" John Salmond, Jurisprudence 306 (Glanville \nL. Williams ed., 10th Ed. 1947). \nconstruction, n. (14c) 1. The act ofbuilding by combin\ning or arranging parts or elements; the thing so built. \n2. The act or process of interpreting or explaining the \nsense or intention of a writing (usu. a constitution, \nstatute, or instrument); the ascertainment of a docu\nment's meaning in accordance with judicial standards. \n[Cases: Contracts 143; Statutes C=' 174.] con\nstruct (for sense 1), vb. construe (for sense 2), vb. \n\"Construction, as applied to written law, is the art or process \nof discovering and expounding the meaning and intention \nof the authors of the law with respect to its application to \na given case, where that intention is rendered doubtful \neither by reason of apparently conflicting provisions or construction \ndirections, or by reason of the fact that the given case \nis not explicitly provided for in the law:' Henry Campbell \nBlack, Handbook on the Construction and Interpretation of \nthe Laws 1 (1896), \n\"Some authors have attempted to introduce a distinction \nbetween 'interpretation' and 'construction.' Etymologically \nthere is, perhaps, such a distinction; but it has not been \naccepted by the profession. For practical purposes any \nsuch distinction may be ignored, in view of the real object \nof both interpretation and construction, which is merely to \nascertain the meaning and will of the lawmaking body, in \norder that it may be enforced.\" William M. Lile et aI., Brief \nMaking and the Use ofLaw Books 337 (3d ed. 1914). \n\"There is no explanation of the distinction between inter\npretation and construction [in Blackstone], nor can it be \ninferred from the matters dealt with under each head, \nThe distinction is drawn in some modern works, but it is \nnot taken in this book because it lacks an agreed basis. \nSome writers treat interpretation as something which is \nonly called for when there is a dispute about the meaning \nof statutory words, while speaking of construction as a \nprocess to which all statutes, like all other writings, are nec\nessarily subject when read by anyone. Others treat inter\npretation as something which is mainly concerned with the \nmeaning of statutory words, while regarding construction \nas a process which mainly relates to the ascertainment of \nthe intention of the legislature.\" Rupert Cross, Statutory \nInterpretation 18 (1976). \nconstruction ut res magis valeat quam pereat (bn\nstrak-sh;)n at rays [or reez or rezl may-jis vay-Iee-at \nkwam peer-ee-at). [Latin \"a construction that gives \neffect to the matter rather than haVing it fail\"] A \nconstruction arrived at when alternative readings \nare possible, one ofwhich (usu. the broader reading) \nwould achieve the manifest purpose ofthe document \nand one ofwhich (usu. the narrower reading) would \nreduce it to futility or absurdity, whereby the inter\npreter chooses the one that gives effect to the docu\nment's purpose. [Cases: Contracts"}
{"text": ", whereby the inter\npreter chooses the one that gives effect to the docu\nment's purpose. [Cases: Contracts 153; Patents \n0157(2); Statutes C--:-:>181(2).] \ncontemporaneous construction. An interpretation \ngiven at or near the time when a writing was prepared, \nusu. by one or more persons involved in its prepara\ntion. -Also termed practical construction; practical \ninterpretation; contemporaneous and practical inter\npretation. See CONTEMPORANEOUS-CONSTRUCTION \nDOCTRINE. [Cases: Contracts 170; Statutes \n218,219(1).J \nliberal construction. (17c) An interpretation that \napplies to a writing in light ofthe situation presented \nand that tends to effectuate the spirit and purpose of \nthe writing. Also termed eqUitable construction; \nloose construction; broad interpretation. Cf. strict con\nstruction. [Cases: Contracts C::::-143.] \n\"liberal construction. , . expands the meaning of the \nstatute to embrace cases which are clearly within the \nspirit or reason of the law, or within the evil which it was \ndesigned to remedy, provided such an interpretation is not \ninconsistent with the language used. It resolves all reason\nable doubts in favor of the applicability of the statute to \nthe particular case.\" William M. Lile et aI., BriefMaking and \nthe Use ofLaw Books 343 (3d ed. 1914), \nliteral construction. See strict construction. \nloose construction. See liberal construction. \n\npractical construction. See contemporaneous construc\ntion. \npurposive construction (pdr-pd-siv). An interpreta\ntion that looks to the \"evil\" that the statute is trying \nto correct (i.e., the statute's purpose). Also termed \nteleological interpretation. See liberal construction. \nstatutory construction. See STATUTORY CONSTRUC\nTION. \nstrict construction. (16c) 1. An interpretation that \nconsiders only the literal words ofa writing. Also \ntermed literal construction; literal interpretation. See \nSTRICT CONSTRUCTIONISM. [Cases: Contracts \n143.J 2~ A construction that considers words narrowly, \nusu. in their historical context. _ This type of con\nstruction treats statutory and contractual words with \nhighly restrictive readings. -Also termed strict inter\npretation. 3. The philosophy underlying strict inter\npretation ofstatutes. See strict constructionism under \nCONSTRUCTIONISM. [Cases: Statutes <>:::) 189,235.] \n\"Strict construction of a statute is that which refuses to \nexpand the law by implications or equitable consider\nations, but confines its operation to cases which are clearly \nwithin the letter of the statute, as well as within its spirit \nor reason, not so as to defeat the manifest purpose of \nthe Legislature, but so as to resolve all reasonable doubts \nagainst the applicability of the statute to the particular \ncase.\" William M. Lile et aI., BriefMaking and the Use ofLaw \nBooks 343 (3d ed. 1914). \n\"Strict interpretation is an equivocal expression, for it \nmeans either literal or narrow. When a provision is ambigu\nous, one of its meanings may be wider than the other, and \nthe strict (Le.. narrow) sense is not necessarily the strict \n(Le., literal) sense.\" John Salmond, Jurisprudence 171 n.(t) \n(Glanville L Williams ed., 10th ed. 1947). \nconstruction bond. See BOND (3). \nconstruction contract. See CONTRACT. \nconstruction financing. See interim financing under \nFINANCING. \nconstructionism. A judicial approach to interpreting \nthe text ofstatutes, regulations, constitutions, and the \nlike. \nbroad constructionism. See liberal constructionism. \nliberal constructionism. Broad interpretation of a \ntext's language, including the use of related writings \nto clarify the meanings ofthe words, and possibly also \na consideration of meaning in both contemporary \nand current lights. -Also termed broad construc\ntionism; loose constructionism. \nloose constructionism. See liberal constructionism. \nstrict constructionism, n. (1892) The doctrinal view \nof judicial construction holding that judges should \ninterpret a document or statute (esp. one involving \npenal sanctions) according to its literal terms, without \nlooking to other sources to ascertain the meaning. \nAlso termed strict construction; literal canon; literal \nrule; textualism.[Cases: Contracts (;:::;; 143(1); Statutes \n241(1).] -strict constructionist, n. \nconstructionist. One who interprets a controlling text, \nsuch as a statute, constitution, or the like. broad constructionist. See liberal constructionist. \nliberal constructionist. A decision-maker who derives \nthe meaning of a text's language not only from the \nwords but from reasonable inferences drawn from \nthe words and from other sources, such as a statute's \nlegislative history. -A liberal constructionist may \nalso consider the reasonableness ofan interpretation \nunder modern social mores. Also termed broad \nconstructionist, loose constructionist. See liberal con\nstructionism under CONSTRUCTIONISM. Cf. strict con\nstructionist. \nloose constructionist. See liberal constructionist. \nstrict constructionist. A decision-maker who derives a \ntext's meaning narrowly, using tools such as original\nism or textualism, and applies the text according to \nthat meaning. See ORIGINALISM; strict construction\nism under CONSTRUCTIONISM. Cf. liberal construc\ntionist. \n\"Under the stimulus of political agitation in the early days \nof the republic over the powers conferred by the constitu \ntion two rival schools of interpretations sprang up. The \nones terming themselves strict constructionists held that \nthe language of the constitution should be construed lit \nerally and conservatively, while the other party held with \nequal fervor that the instrument should be construed lib\nerally and according to the spirit rather than the \nso that they were denominated loose constructionists. \nJesse Franklin Brumbaugh, Legal Reasoning and Briefing \n129(1917). \nconstruction lien. See mechanic's lien under LIEN. \nconstruction loan. See building loan under LOAN. \nconstruction mortgage. See MORTGAGE. \nconstruction statute. See STATUTE. \nconstruction warranty. See WARRANTY (2). \nconstructive, adj. (17c) Legally imputed; existing by \nvirtue of legal fiction though not existing in fact. _ \nCourts usu. something a constructive effect for \nequitable reasons <the court held that the shift supervi\nsor had constructive knowledge ofthe machine's failure \neven though he did not actually know until two days \nlater>. See LEGAL FICTION. Cf. ACTUAL. \nconstructive abandonment. 1. Family law. See construc\ntive desertion under DESERTION. 2. Intellectual property. \nABANDONMENT (10). \nconstructive adverse possession. See ADVERSE POSSES\nSION. \nconstructive amendment of indictment. See AMEND\nMENT OF INDICTMENT. \nconstructive assent. See ASSENT. \nconstructive authority. See AUTHORITY (1). \nconstructive bailment. See BAnMEKT. \nconstructive breach. See anticipatory breach under \nBREACH OF CONTRACT. \nconstructive breaking into a house. See constructive \nhousebreaking under HOUSEBREAKING. \nconstructive condemnation. See inverse condemnation \nunder CONDEMNATION. \n\n357 \nconstructive condition. See CONDITION (2). \nconstructive contempt. See indirect contempt under \nCONTEMPT. \nconstructive contract. See implied-in-Iaw contract under \nCONTRACT. \nconstructive conversion. See CONVERSION (2). \nconstructive crime. See CRIME. \nconstructive custody. See CUSTODY (1). \nconstructive delivery. See DELIVERY. \nconstructive desertion. See DESERTION. \nconstructive,discharge. See DISCHARGE (7), \nconstructive dividend. See DIVIDEND. \nconstructive emancipation. See EMANCIPATION. \nconstructive escape. See ESCAPE (2). \nconstructive eviction. See EVICTION. \nconstructive force. See FORCE. \nconstructive fraud. See FRAUD. \nconstructive housebreaking. See HOUSEBREAKING. \nconstructive inteut. See INTENT (1). \nconstructive knowledge. See KNOWLEDGE. \nconstructive larceny. See LARCENY. \nconstructive loss. See constructive total loss (1) under \nLOSS. \nconstructive malice. See implied malice under MALICE. \nconstructive murder. Seefelony murder under MURDER. \nconstructive notice. See NOTICE. \nconstructive occupancy. See OCCUPANCY. \nconstructive parent. See equitable parent under \nPARENT. \nconstructive payment. See PAYMENT. \nc;onstructive possession. See POSSESSION. \nconstructive presence. See PRESENCE. \nconstructive-receipt doctrine. (1936) The rule that gross \nincome under a taxpayer's control before it is actually \nreceived (such as accumulated interest income that has \nnot been withdrawn) must be included by the taxpayer \nin gross income, unless the actual receipt is subject to \nsignificant constraints. IRC (26 USCA)  451. [Cases: \nInternal Revenue ~3081, 3118.] \nconstructive reduction to practice. See REDUCTION TO \nPRACTICE. \nconstructive search. See SEARCH. \nconstructive seisin. See seisin in law under SEISIN. \nconstructive seizure. See SEIZURE. \nconstructive service. 1. See SERVICE (2). 2. See DOCTRINE \nOF CONSTRUCTIVE SERVICE (2). \nconstructive taking. See TAKING (1). \nconstructive total loss. See LOSS. \nconstructive transfer. See TRANSFER. consul \nconstructive treason. See TREASON. \nconstructive trespass. See trespass to chattels under \nTRESPASS. \nconstructive trust. See TRUST. \nconstrue (bn-stroo), vb. (14c) To analyze and explain \nthe meaning of(a sentence or passage) <the court con\nstrued the language of the statute>. \nconstuprate (kon-st[y]<l-prayt), vb. Archaic. To rape or \nviolate (a person). \nconsuetudinarius (kon-swd-t[y]oo-di-nair-ee-ds). [fro \nLatin consuetudo \"custom\"] Hist. Eccles. law. A book \ncontaining the rites and forms of divine offices or \ncustoms ofabbeys and monasteries. \nconsuetudinary law. See LAW. \nConsuetudines Feudorum (kon-swd-t[y]oo-di-neez \nfyoo-dor-dm). [Law Latin \"the customs of fiefs\"] Hist. \nSee FEUDORUM LIBRI. \nconsuetudinibus et serviciis (kon-swd-t[y]oo-din-d-bds \net sdr-vish-ee-is). [Law Latin \"customs and services\"] \nHist. A writ of right that lay against a tenant who \nwithheld rent or services from the lord. \nconsuetudo (kon-swd-t[y]oo-doh), n. [Latin \"custom\"]!. \nRoman law. Custom; long-established usage or practice. \n2. Hist. Customary law. _ Consuetudo generally bears \nthis sense, referring to law that has been long approved \nby the will ofthe people. It is a broad term that includes \nboth the common law and the statutory law ofEngland. \n3. Hist. A duty or tax. \nconsuetudo anglican a (kon-swd-t[yJoo-doh ang-gli\nkay-nd). [Law Latin \"the custom of England\"] Hist. The \nEnglish common law, as distinguished from Roman \nor civil law. \nconsuetudo curiae (kon-sw<l-t[y]oo-doh kyoor-ee-ee). \n[Latin] Hist. The custom or practice ofa court. \nconsuetudo mercatorum (kon-swa-t[y]oo-doh mdr-kd\ntor-dm). [Latin \"the custom of merchants\"] Hist. See \nLAW MERCHANT. -Also termed consuetudo merca\ntoria. \nconsul (kon-sal), n. 1. A governmental representative \nliving in a foreign country to oversee commercial and \nother matters involving the representative's home \ncountry and its citizens in that foreign country. \nConsuls are not diplomatic agents, so unless a treaty \nprovides otherwise, they do not enjoy diplomatic \nprivileges and immunities. But consuls are entitled to \nconsular immunities, which protect them from local \nlaw and jurisdiction in the exercise oftheir consular \nfunctions. [Cases: Ambassadors and Consuls \n1-8.] consular (kon-s<'l-ldr), adj. consulship (kon\nsdl-ship), n. \n\"The commerCial agents of a government, residing in \nforeign parts, and charged with the duty of promoting the \ncommercial interests of the state, and especially of its indi\nvidual citizens or subjects, are called consuls. These, under \nthe regulations of some countries, are of different grades, \nbeing either consuls-general. consuls, or vice-consuls, from \nwhom consular agents differ little.\" Theodore D. Woolsey, \n\nconsular court 358 \nIntroduction to the Study of International Law  99, at 159 \n(5th ed. 1878). \n\"Consuls are commercial, not diplomatic agents. They \nreside abroad for the purpose of protecting the individual \ninterests of traders, travellers, and mariners belonging to \nthe 5tate which employs them .... They exercisejurisdic\ntion over their countrymen, their persons are inviolable, \ntheir residences may be used as asylums in the case of war \nor tumult, and in fact they more than the ordinary \ndiplomatiC immunities.\" T.). A Handbook ofPublic \nInternational Law 86-87 (lOth ed. 1925). \n\"Consuls are not diplomatic agents; they perform various \nservices for a state or its subjects in another state, without, \nhowever, representing the former in the full sense. They \nmay be nationals of either and generally they are \nmade subject to the authority diplomatic representa' \ntive of the state for which they act. They watch over com\nmercial interests of the state for which they act; collect \ninformation for it; help its nationals with advice, administer \ntheir property if they die abroad, and register their births, \ndeaths, and marriages; they authenticate documents for \nlegal purposes, take depositions from witnesses, visa \npassports, and the like.\" j.L. Brierly, The Law of Nations \n216 (5th ed"}
{"text": "visa \npassports, and the like.\" j.L. Brierly, The Law of Nations \n216 (5th ed. 1955). \n\"The usual criterion used for the distinction between dip\nlomats and consuls is the representative character of the \nformer of which the latter are devoid. However, this dis\ntinction is not altogether correct. Undoubtedly diplomatic \nagents have a general representative character since in \nall matters and relations they represent their country in \nthe state to which they are accredited. Consuls, on the \nother hand, as state organs, also represent their country in \nanother state, but only in matters within their competence. \nThus, the representative character of consuls is, like their \ncompetence, specific, and secondary to that of diplomatic \nagents.\" Constantin Economides, \"Consuls,\" in 1 Encvclo\npedia of Public International Law 770 (1992). \nconsul general. A high-ranking consul appointed to a \nstrategically important region and often having super\nvisory powers over other regions or other consuls. \n2. Roman law. One of two chief magistrates elected \nannually during the Republic to exercise supreme \nauthority. _ Under the Empire, the consulship was \nreduced to a sinecure, held by appointees of the emperor \nor the emperor himself. \n'The prinCipal inheritors ofthe royal authority and dignity \nwere the two consuls elected by the comitia centuriata. \nThey enjoyed equal powers. In the calendar the year was \ndistinguished by their names. They convoked and initi\nated legislation in either comitia. In special emergencies, \nparticularly in times of grave crisiS, either consul might \nappoint a dictator who exercised supreme authority, but \nnot beyond six months, unless re-appointed .... it was \nabolished by Justinian in A.D. 541, though later emperors \ncontinued to assume the title.\" R.w. Lee, The Elements of \nRoman Law 14 (4th ed. 1956). \nconsular court. See COURT. \nconsular invoice. See INVOICE. \nconsular jurisdiction. The exercise ofa judicial function \nby a consul in a foreign territory, as by performing a \nwedding ceremony between nationals of the country \nrepresented by the consul. [Cases: Ambassadors and \nConsuls (;::::::>S.J \nconsular law. The law relating to consuls, developed \nthrough custom and multitudes of bilateral consular \nagreements. consular marriage. See MARRIAGE (1). \nconsular relations. Int'llaw. The aggregate of relations \nestablished between two countries through the exercise \nofconsuls' functions on behalf ofa sending state within \nthe territory of a receiving state. See sending state and \nreceiving state under STATE. \nconsulate (kon-s;J-lit). 1. The office or jurisdiction of \na consul <the senator advised the businessman to \nnotify the U.S. consulate in Kuwait before the \ncountrv>. [Cases: Ambassadors and Consuls \n2. The iocation of a consul's office or residence \nfamily was staying on the second floor, just above the \nTurkish consulate>. \nforeign consulate. The consulate ofa foreign country \nin the receiving state. \n3. Government by consuls <after the French Revolu\ntion, the Directory was overthrown and the Consulate \nwas created>. -This sense ofconsulate is based on the \noriginal Roman meaning (\"chief magistrate\") not \non the modern sense of an overseas representative of \na country. \nconsul general. See CONSUL. \nconsultation, n. (lSc) 1. The act of asking the advice or \nopinion of someone (such as a lawyer). 2. A meeting in \nwhich parties consult or confer. 3. Int'llaw. The interac\ntive methods by which states seek to prevent or resolve \ndisputes. -consult, vb. consulting, consultative, \nadj. \nconsultative exam. As a foundation for an expert \nopinion, a check-up performed by a qualified medical \nprofessional to determine whether a person has a \nmental or physical disability, and, if so, the extent of \nthe disability and expectations for improvement. \nconsulting expert. See EXPERT. \nconsumable, n. (1802) A thing (such as food) that cannot \nbe used without changing or extinguishing its sub\nstance. Cf. NONCONSUMABLE. consumable, adj. \nconsumer. (ISc) A person who buys goods or services for \npersonal, family, or household use, with no intention of \nresale; a natural person who uses products for personal \nrather than business purposes. [Cases: Antitrust and \nTrade Regulation (;:::;> 141.] \nconsumer boycott. See BOYCOTT. \nconsumer confusion. Trademarks. The incorrect percep\ntion formed by a purchaser or user about a product's \nor service's manufacturer or origin. -The mistake usu. \noccurs when a product or service is marketed in a way \nthat makes it appear to be affiliated with a well-known \nproduct, service, or provider. Also termed actual \nconsumer confusion; user confusion; actual user confu\nsion. [Cases: Consumer Credit \nconsumer-contemplation test. (1979) A method of \nimposing product liability on a manufacturer if the \nevidence shows that a product's danger is greater than \nthat which a reasonable consumer would expect. \nAlso termed cOrlsumer-user-corltemplation test; con\n\n359 \nsumer-expectation test. Cf. RISK-UTILITY TEST. [Cases: \nProducts Liability C=::' 119, 130.] \nconsumer credit. See CREDIT (4). \nConsumer Credit Code. See UNIFORM CONSUMER \nCREDIT CODE. \nConsumer Credit Protection Act. A federal statute \nthat safeguards consumers in the use of credit by (1) \nrequiring full disclosure of the terms of loan agree\nments, including finance charges, (2) restricting the \ngarnishment of wages, and (3) regulating the use of \ncredit cards. 15 USCA  1601-1693. Many states \nhave also adopted consumer-credit-protection acts. -\nAbbr. CCPA. -Also termed Truth in LendingAct (abbr. \nTILA). See UNIFORM CONSUMER CREDIT CODE. [Cases: \nConsumer Credit C=::'30.] \nconsumer-credit sale. See SALE. \nconsumer-credit transaction. (1954) A transaction by \nwhich a person receives a loan to buy consumer goods \nor services. Consumer-credit transactions are usu. \nsubject to regulations enacted for the consumer's pro\ntection. [Cases: Consumer Credit C=::' 1, 3.] \nconsumer debt. See DEBT. \nconsumer-expectation test. See CONSUMER-CONTEM\nPLATION TEST. \nconsumer finance company. See FINANCE COMPANY. \nconsumer goods. See GOODS. \nconsumer-goods transaction. Secured transactions. A \ntransaction in which (1) an individual incurs an obli\ngation primarily for a personal, family, or household \npurpose, and (2) a security interest in consumer goods \nsecures the obligation. UCC  9-102(a)(24). [Cases: \nSecured Transactions C=::' 15.] \nconsumer law. (1966) The area of law dealing with \nconsumer transactions -that is, a person's obtaining \ncredit, goods, real property, or services for personal, \nfamily, or household purposes. -Also termed con\nsumer-transactions law. \nconsumer lease. See LEASE. \nconsumer loan. See LOAN. \nconsumer price index. An index that tracks the price of \ngoods and services purchased by the average consumer \nand that is published monthly by the U.S. Bureau of \nLabor Statistics . The consumer price index is used \nto monitor periodic changes in the rate ofinflation. -\nAbbr. CPr. -Also termed cost-oj-living index. Cf. \nPRODUCER PRICE INDEX. \nconsumer product. (1949) An item ofpersonal property \nthat is distributed in commerce and is normally used \nfor personal, family, or household purposes. 15 USCA \n 2301(1). \nConsumer Product Safety Commission. An indepen\ndent federal regulatory commission that develops \nsafety standards for consumer products and promotes \nresearch into the causes and prevention of product\nrelated deaths, illnesses, and injuries. It was estabcontango \nlished in 1972. 15 USCA  2051 et seq. -Abbr. CPsc. \n[Cases: Antitrust and Trade Regulation C=::'232.] \nconsumer-protection law. (I954) A state or federal \nstatute designed to protect consumers against unfair \ntrade and credit practices involving consumer goods, \nas well as to protect consumers against faulty and dan\ngerous goods. [Cases: Antitrust and Trade Regulation \nC=::' 128; Consumer Credit C=::' 1.] \nconsumer transaction. A bargain or deal in which a \nparty acquires property or services primarily for a \npersonal, family, or household purpose. \nconsumer-transactions law. See CONSUMER LAW. \nconsumer-user-contemplation test. See CONSUMER\nCONTEMPLATION TEST. \nconsummate (bn-sam-it or kahn-sa-mit), adj. Com\npleted; fully accomplished . Consummate was often \nused at common law to describe the status ofa contract \nor an estate, such as the transformation ofa husband's \ninterest in his wife's inheritance from that ofa tenant by \nthe curtesy initiate to a tenant by curtesy consummate \nupon the wife's death (assuming that a child had been \nborn during the marriage). See curtesy consummate \nunder CURTESY. -consummation, n. \nconsummate (kon-sd-mayt), vb. (16c) 1. To bring to com\npletion; esp., to make (a marriage) complete by sexual \nintercourse. 2. To achieve; to fulfill. 3. To perfect; to \ncarry to the highest degree. \nconsummate dower. See DOWER. \nconsummate lien. See LIEN. \nconsummation ofmarriage. Family law. The first post\nmarital act of sexual intercourse between a husband \nand wife . Under canon law, a refusal to consummate \nthe marriage may be grounds for an annulment or for \ndivorce. But this is not so at common law or under \nmodern state law. [Cases: Marriage C=::'33.] \nconsumption. (14c) The act of destroying a thing by \nusing it; the use of a thing in a way that exhausts it. \nconsumption tax. See TAX. \ncontagion. Int'//aw. A discredited doctrine holding that \nrevolution or abhorrent practices in a neighboring state \njustify its invasion and the overthrow of its government \non the grounds of national security . The doctrine was \nemployed by the Holy Alliance (1815-1848) in Europe \nto invade countries where revolutions were brewing. \nAlso termed doctrine ojcontagion. \ncontaining by estimate. Archaic. More or less. This \nphrase usu. appears in deeds in which measurements \nare made by metes and bounds. It is redundant when \nthe phrase \"more or less\" is used. \ncontainment. Int'llaw. A policy of restricting the ideo\nlogical or territorial expansion of one's enemy . This \nwas the basic policy of the United States during the \nCold War. \ncontango (kdn-tang-goh), n. Securities. 1. A market in \nwhich long-term futures or options contracts sell at a \npremium over short-term contracts. -Also termed \n\n360 contemn \nnormal market. 2. The premium so paid. The premium \npaid for securities with longer maturities reflects the \ncost of holding the commodity for future delivery. \ncontemn (k;m-tem), vb. To treat (as laws or court orders) \nwith contemptuous disregard. See CONTEMPT. \ncontemnor (k;m-tem-<\"lr or -n<\"lr or -nor). (16c) A person \nwho is guilty ofcontempt before a governmental body, \nsuch as a court or legislature. -Also spelled contem\nner. \ncontemplation of bankruptcy. The thought of declar\ning bankruptcy because of the inability to continue \ncurrent financial operations, often coupled with action \ndesigned to thwart the distribution ofassets in a bank\nruptcy proceeding. -Also termed contemplation of \ninsolvency. \ncontemplation ofdeath. (18c) The thought ofdying, not \nnecessarily from imminent danger, but as the compel\nling reason to transfer property to another. See gift \ncausa mortis under GIFT. [Cases: Gifts C=:>59; Internal \nRevenue C=:>4159(2).] \ncontemplation of insolvency. See CONTEMPLATION OF \nBANKRUPTCY. \ncontemporanea expositio (bn-tem-p<\"l-ray-nee-<\"l eks-p<\"l\nzish-ee-oh). [Latin \"contemporaneous exposition\"] The \ndoctrine that the best meaning ofa statute or document \nis the one given by those who enacted it or signed it, \nand that the meaning publicly given by contemporary \nor long professional usage is presumed to be the correct \none, even ifthe language may have a popular or an ety\nmological meaning that is very different. \ncontemporaneous and practical interpretation. See \ncontemporaneous construction under CONSTRUCTION. \ncontemporaneous construction. See CONSTRUCTION. \ncontemporaneous-construction doctrine. (1956) The \nrule that the initial interpretation of an ambiguous \nstatute by an administrative agency or lower court is \nentitled to great deference ifthe interpretation has been \nused over a long period. [Cases: Statutes C=:>218, 219.] \ncontemporaneous-objection rule. (1965) The doctrine \nthat a timely and proper objection to the admission of \nevidence must be made at trial for the issue of admis\nsibility to be considered on appeal.  An objection is \ntimely ifit is made as soon as practicable and is proper \nif made formally on the record. These requirements \nafford the trial court an opportunity to correct the \nalleged error, and they preserve the issue for appeal. \n[Cases: Appeal and Error C=:>230; Criminal Law C=:> \n1036.1; Federal Courts C=:>62l.] \ncontemporary community standards. (1957) The \ngauge by which a fact-finder decides whether material \nis obscene, judging by its patent offensiveness and its \nprurience in the locale at a given time. See OBSCENITY \n(1). [Cases: Obscenity C=:> 1.4.] \n\"Both pruriency and patent offensiveness"}
{"text": "). [Cases: Obscenity C=:> 1.4.] \n\"Both pruriency and patent offensiveness are determined \nby 'contemporary community standards.' But what is the \nrelevant community7 In Miller [v. California], the Court \nrejected the contention that only a national community \nstandard, free of local biases, would provide adequate First Amendment protection and allowed lower courts to \nuse local standards in defining what is obscene. Subse \nquent cases have made it clear that the state may choose \nto omit reference to any particular geographic commu \nnity, state or local, although it may do so. If a geographic \nreference is omitted, each jury is free to ascertain the \ncontemporary community standard.\" Jerome A. Barron & \nC. Thomas Dienes, Constitutional Law in a Nutshell 396 \n(3d ed. 1995). \ncontempt, n. (14c) 1. The act or state of despising; the \ncondition ofbeing despised. 2. Conduct that defies the \nauthority or dignity ofa court or legislature. Because \nsuch conduct interferes with the administration of \njustice, it is punishable, usu. by fine or imprisonment. \nFed. R. Civ. P. 45(e); Fed. R. Crim. P. 42; 18 USCA  40l. \nSee CONTUMACY. -Also termed contempt ofcourt; \njudicial contempt. [Cases: Contempt C=:> 1-26; States \nC=:>40.] -contemptuous, adj. \n\"Contempt is a disregard of, or disobedience to, the rules \nor orders of a legislative or judicial body, or an interrup \ntion of its proceedings by disorderly behavior or insolent \nlanguage, in its presence or so near thereto as to disturb \nthe proceedings or to impair the respect due to such a \nbody.\" Edward M. Dangel, Contempt  1, at 2 (1939). \ncivil contempt. (1884) The failure to obey a court \norder that was issued for another party's benefit.  A \ncivil-contempt proceeding is coercive or remedial in \nnature. The usual sanction is to confine the contem\nnor until he or she complies with the court order. The \nact (or failure to act) complained of must be within \nthe defendant's power to perform, and the contempt \norder must state how the contempt may be purged. \nImprisonment for civil contempt is indefinite and for \na term that lasts until the defendant complies with the \ndecree. [Cases: Contempt C=:>4, 20.] \ncommon-law contempt. See criminal contempt. \nconsequential contempt. 1. Contempt that, although \nnot amounting to gross insolence or direct opposi\ntion, tends to create a universal disregard ofthe power \nand authority of courts and judges. 2. See indirect \ncontempt. \nconstructive contempt. See indirect contempt. \ncontempt ofCongress. Deliberate interference with the \nduties and powers of Congress, such as a witness's \nrefusal to answer a question from a congressional \ncommittee. Contempt of Congress is a criminal \noffense. 2 USCA  192. [Cases: United States C=:> \n23(9).] \ncontempt ofsovereignty. Int'llaw. The minor diplo\nmatic offense of interference in domestic affairs by a \nforeign representative, esp. by making a public state\nment about an issue currently being debated in the \nlegislature. \ncriminal contempt. (1841) An act that obstructs justice \nor attacks the integrity of the court. A criminal\ncontempt proceeding is punitive in nature. The \npurpose of criminal-contempt proceedings is to \npunish repeated or aggravated failure to comply \nwith a court order. All the protections of criminal \nlaw and procedure apply, and the commitment must \n\n361 \nbe for a definite period. -Also termed common-law \ncontempt. [Cases: Contempt (:::::'3,40.] \n\"Criminal contempt is a crime in the ordinary sense; it is a \nviolation of the law, a public wrong which is punishable by \nfine or imprisonment or both.\" Bloom v. Illinois, 391 U.S. \n194,201,88 S.Ct. 1477, 1481 (1968). \ndirect contempt. (1863) A contempt (such as an assault \nof a testifying witness) committed in the immediate \nvicinity of a court; esp., a contempt committed in a \njudge's presence . A direct contempt is usu. imme\ndiately punishable when the transgression occurs. \n[Cases: Contempt (:::::'2.] \nindirect contempt. (1896) Contempt that is committed \noutside of court, as when a party disobeys a court \norder.  Indirect contempt is punishable only after \nproper notice to the contemnor and a hearing. \nAlso termed constructive contempt; consequential \ncontempt. [Cases: Contempt (:::::'2.] \ncontempt ofcourt. See CONTEMPT (2). \ncontempt power. (1885) The power of a governmental \nbody (such as Congress or a court) to punish someone \nwho shows contempt for the process, orders, or pro\nceedings of that body. \ncontempt proceeding. See PROCEEDING. \ncontemptuous damages. See nominal damages under \nDAMAGES. \ncontenement (bn-ten-J-m;mt). Hist. 1. Freehold land \nheld by a feudal tenant, esp. land used to support the \ntenant.  Magna Carta (1215) exempted this property \nfrom seizure. \n\"Con tenement, (contenementum) seemeth to be the free \nhould land, which Iyeth to a mans tenement or dwelling \nhouse, that is in his owne occupation. For magna carta. ca. \n14. you have these words: A free man shall not be amerced \nfor a small fault, but after the quantity of the fault: and \nfor a great fault, after the maner thereof, saving to him \nhis contenement or free hould. And a merchant likewise \nshal be amerced saving to him his merchandies: and any \nother villaine then owers, shal be amerced saving his \nwainage ... .\" John Cowell, The Interpreter (1607). \n2. A person's reputation or standing in the commu\nnity. Though contenement as used in this sense is also \nrooted in the ownership ofland, it may stem from the \nLaw French contenance (\"countenance\") rather than \nthe Law Latin contenementum (\"with tenement\"), as \nused in sense (1). \n\"Contenement signifies his Countenance, Credit, or Reputa\ntion, which he hath, together with, and by reason of his \nFreehold; and in this sense does the Statute of 1 Edw. 3 \nand Old Nat. By. use it, where Countenance is used for Con\ntenement: The Armor of a Soldier is his Countenance; the \nBooks of a Schollar, his Countenance; and the like.\" Thomas \nBlount, Nomo-Lexicon: A Law-Dictionary (1670). \ncontent, n. Maritime law. A written declaration of a \ndeparting vessel's destination, the kind and quantity \nof cargo it is carrying, and other particulars, submitted \nto a customs inspector for approval and permission for \nthe vessel to leave port. Cf. MANIFEST. \ncontent-based discrimination. See DISCRIMINATION. contestant \ncontent-based restriction. (1973) Constitutional law. A \nrestraint on the substance ofa particular type ofspeech. \n This type of restriction is presumptively invalid but \ncan survive a constitutional challenge ifit is based on a \ncompelling state interest and its measures are narrowly \ndrawn to accomplish that end. Boos v. Barry, 485 U.S. \n312,108 S.Ct. 1157 (1998). See SPEECH (1). [Cases: Con\nstitutional Law (:::::' 1516.] \ncontention interrogatory. See INTERROGATORY. \ncontentious jurisdiction. See JURISDICTION. \ncontentious possession. See hostile possession under \nPOSSESSION. \ncontent-neutral. See NEUTRAL. \ncontents unknown. A statement placed on a bill oflading \nto show that the carrier does not know what is inside \nshipped containers . Carriers use this phrase in an \nattempt to limit their liability for damage to the goods \nshipped. Shipper's load and count is also used. [Cases: \nCarriers (:::::'50; Shipping C=::> 106(3).] \ncontent-valid test. A job-applicant examination that \nbears a close relationship to the skills required by the \njob. Content-validation studies are often performed \nin employment-discrimination cases that contest the \nvalidity of an examination. [Cases: Civil Rights (:::::' \n1142, 1546.] \n\"The simplest form oftest validation is where the test rep\nlicates major portions of the job, as for example, where a \ntest measuring typing or computer literacy is used to select \na secretarial support person .... A content valid test must \nmeasure or replicate a 'representative sample' of the job's \nduties. It is not valid if it measures only a small portion of \nthose duties. For example, fire fighters may need to write \nreports, but a grammar test is too narrow to be content \nvalid.\" Mack A. Player, Federal Law ofEmployment Discrimi\nnation in a Nutshell 101 (3d ed. 1992). \nconterminous, adj. 1. Sharing a common boundary \n<the surveyor set a new line between the conterminous \ncounties>. -Also termed coterminous. 2. Enclosed \nwithin a common boundary <all 48 conterminous \nstates of this country>. 3. See COTERMINOUS. \ncontest (bn-test), vb. (l7c) 1. To strive to win or hold; \ncontend <he chose to contest for the prize>. 2. To \nlitigate or call into question; challenge <they want to \ncontest the will>. 3. To deny an adverse claim or assert \na defense to it in a court proceeding <she contests that \ncharge>. -contest (kon-test), n. \ncontestability clause (bn-tes-tJ-bil-J-tee). Insurance. \nA policy provision setting forth when and under what \nconditions the insurer may contest a claim or void the \npolicy based on a representation or omission made \nwhen the policy was issued . Contestability clauses \nusu. lapse after two years. -Also termed contestable \nclause. Cf. INCONTESTABILITY CLAUSE. [Cases: Insur\nance (:::::'2950,3121.] \ncontestant. (17c) 1. One who contests the validity of a \nwill, trust, or other legal instrument. -Also termed \nobjectant; caveator. 2. Trademarks. One who challenges \nthe placement ofa trademark on the Principal Register . \n The term refers to a challenger in (1) an interference \n\n362 contestatio litis \nproceeding, (2) an opposition proceeding before a mark \nis placed on the Principal Register, or (3) a cancellation \nproceeding after the mark is placed on the Principal \nRegister. [Cases: Trademarks (;=.,12891294, 130L] 3. \nPatents. A party to an interference proceeding in the \nU.S. Patent and Trademark Office. -Also termed (in \nsense 3) interferant. [Cases: Patents (;:::> 106(1).] \ncontestatio litis (kon-tes-tay-shee-oh h-tis). [Latin \"con\ntestation of suit\"] See LITIS CONTESTATIO. \ncontestation ofsuit (kon-tes-tay-sh;m). Eccles. law. The \npoint in an action when the defendant answers the \nplaintiff's libel (Le., complaint); the plea and joinder of \nan issue'. -Also termed litis contestatio. \ncontested divorce. See DIVORCE. \ncontested hearing. See HEARING. \ncontext, n. (16c) 1. The surrounding text of a word or \npassage, used to determine the meaning of that word \nor passage <his remarks were taken out ofcontext>. 2. \nSetting or environment <in the context of foreign rela\ntions>. contextual, adj. \ncontext rule. Contracts. The principle that a court may \nlook to extrinsic evidence to determine the intended \nmeaning ofa contract, even though the language itself \nis clear and unambiguous . The court may consider \n(1) the subject matter and purpose ofthe contract, (2) \nthe circumstances surrounding the making of the \ncontract, (3) the subsequent conduct of the parties \nto the contract, (4) the reasonableness of the parties' \nrespective interpretations, (5) statements made by the \nparties in preliminary negotiations, (6) usages of trade, \nand (7) the course ofdealing between the parties. This \nrule does not make extrinsic evidence admissible for \nother purposes, such as adding to, modifying, or con\ntradicting the contract's terms, unless a party can show \nthat the actual language resulted from fraud, accident, \nor mistake. Restatement (Second) ofContracts  212, \n214(c) (1981). [Cases: Contracts 143, 169, 170; \nEvidence (;::::c448.] \ncontextual zoning. See ZONING. \ncontiguity (kon-ti-gyoo-d-tee), n. The state or condition \nof being contiguous <contiguity existed between the \ntwo adjoining tracts ofland>. \ncontiguous (kdn-tig-yoo-<ls), adj. (17c) 1. Touching \nat a point or along a boundary; ADJOI\"'ING <Texas \nand Oklahoma are contiguous>. 2. Near in time or \nsequence; successive <contiguous thunder and light\nning>. \ncontiguous zone. Int'llaw. An area abutting and extend\ning beyond the territorial sea, in which countries have \nlimited powers to enforce customs as well as fiscal, \nsanitary, and immigration laws. [Cases: International \nLaw (;::::c 7.] \nContinental Congress. The first national governmental \nassembly in the United States, formed in 1774 to protest \nBritish treatment of the colonies . The Second Con\ntinental Congress, commencing in 1775, adopted the \nDeclaration ofIndependence and served as the national government until the Articles of Confederation were \nratified in 1781. \ncontingency (k;m-tin-jdn-see). (l6c) 1. An event that \nmayor may not occur; a possibility. 2. The condition \nofbeing dependent"}
{"text": "l6c) 1. An event that \nmayor may not occur; a possibility. 2. The condition \nofbeing dependent on chance; uncertainty. 3. CONTIN\nGENT FEE. \ncontingency beneficiary. See contingent beneficiary (I) \nunder BENEFICIARY. \ncontingency fee. See CO\",TINGENT FEE. \ncontingency reserve. See contingent fund under FUND \n(I). \ncontingency with a double aspect. A contingent remain\nder existing along with a second remainder, the latter \nremainder taking effect only if the first fails . In the \nfollowing example, this type ofremainder would arise \nif A never has children: \"to A for life, and if A has \nchildren, then to the children and their heirs forever; \nand if A dies without children, then to Band B's heirs \nforever.\" See contingent remainder under REMAINDER. \n[Cases: Remainders (;=.) 1.] \ncontingent (kdn-tin-jdnt), adj. 1. Possible; uncertain; \nunpredictable <the trust was contingent, and the con\ntingency never occurred>. 2. Dependent on something \nelse; conditional <her acceptance of the position was \ncontingent upon the firm's agreeing to guarantee her \nhusband a position as well>. \ncontingent annuity. See A~NUITY. \ncontingent beneficiary. See BENEFICIARY. \ncontingent claim. See CLAIM (4). \ncontingent debt. See DEBT. \ncontingent demand. See DEMAND (1). \ncontingent estate. See ESTATE (1). \ncontingent fee. (17c) A fee charged for a lawyer's services \nonly if the lawsuit is successful or is favorably settled \nout ofcourt.  Contingent fees are usu. calculated as a \npercentage of the client's net recovery (such as 25% of \nthe recovery if the case is settled, and 33% if the case \nis won at trial). Also termed contingency fee; con\ntingency; conditional fee. [Cases: Attorney and Client \n(;::::c 146.] \nreversecontingentfee. A fee in which a defense lawyer's \ncompensation depends in whole or in part on how \nmuch money the lawyer saves the client, given the \nclient's potential liability so that the lower the set\ntlement or judgment, the higher the lawyer's fee. \nFor example, if a client might be liable for up to $2 \nmillion, and agrees to pay the lawyer 40% of the dif\nference between $1 million and the amount of the \nsettlement or judgment, then a settlement of $800,000 \nwould result in a fee of$80,000 (40% ofthe $200,000 \nunder the threshold amount of $1 million). -Also \ntermed negative contingent fee; defense contingent fee; \nreverse bonus. [Cases: Attorney and Client y 146.] \ncontingent fund. See FUND (1). \ncontingent guaranty. See GUARANTY. \n\n363 continuing \ncontingent interest. See INTEREST (2). \ncontingent-interest mortgage. See MORTGAGE. \ncontingent legacy. See LEGACY. \ncontingent liability. See LIABILITY. \ncontingent ownership. See OWNERSHIP. \ncontingent remainder. See REMAINDER. \ncontingent trust. See TRUST. \ncontingent use. See USE (4). \ncontingent will. See WILL. \ncontinual claim. Rist. A formal claim to a tract ofland \nmade by an: out-of-possession owner who is deterred \nfrom taking possession by a menace of some type. \n-The claim -called continual because it had to be \nrenewed annually -preserved the claimant's right to \nthe land. The owner had to make the claim as near to \nthe land as could be done safely. This procedure gave \nthe disseised person the same benefits (such as the right \nto devise the land) as a legal entry. The continual claim \nwas abolished early in the 19th century. \n\"Continual claim is. where a man hath right to enter into \ncertain lands whereof another is seised in fee, or fee \ntail. and dares not enter for fear of death or beating. but \napproaches as nigh as he dares. and makes claim thereto \nwithin the year and day before the death of him that hath \nthe lands ....\" Termes de fa Ley 114 (lst Am. ed. 1812). \ncontinual injury. See INJURY. \ncontinuance, n. (l4c) 1. The act ofkeeping up, maintain\ning, or prolonging <continuance of the formal tradi\ntion>. 2. Duration; time of continuing <the senator's \ncontinuance in office>. 3. Procedure. The adjournment \nor postponement of a trial or other proceeding to a \nfuture date <motion for continuance>. Cf. RECESS (1). \n[Cases: Federal Civil Procedure Pretrial Pro\ncedure (,.'='711.] -continue, vb. \ncontinuando (k;m-tin-yoo-an-doh). [Law Latin \"by con\ntinuing\"] Rist. An allegation charging that the trespass \n. or other wrongful act complained of constitutes a con\ntinuing tort against the plaintiff's property. \n\"In trespasses of a permanent nature, where the injury \nis continually renewed, (as by spoiling or consuming the \nherbage with the defendant's cattle) the declaration may \nallege the injury to have been committed by continuation \nfrom one given day to another, (which is called laying \nthe action with a continuando) and the plaintiff shall not \nbe compelled to bring separate actions for every day's \nseparate offence.\" 3 William Blackstone, Commentaries \non the Laws ofEngland 21 2 (1768). \ncontinuation. Patents. A patent application that is based \non the same disclosure and claiming the same inven\ntion as a rejected parent application but containing \nsome change in the scope of the claims. _ A continu\nation application maintains the original filing date for \nprior-art and interference purposes, as long as it is filed \nwhile the parent application is still pending, has at least \none inventor in common with the parent application, \nand refers to the parent application. Also termed \ncontinuation application; continuation-in-whole appli\ncation; continuing application; f71e-wrapper continuing \napplication. Cf. CONTINUATION-IN-PART; continued-prosecution application under PATENT APPLICATION; \nREQUEST FOR CONTINUED EXAMINATION. [Cases: \nPatents no.] \ncontinuation agreement. (1942) Partnership. An agree\nment among the partners that, in the event ofdissolu\ntion, the business ofthe partnership can be continued \nwithout the necessity of liquidation. Cf. BUY-SELL \nAGREEMENT (1). [Cases: Partnership (;:=>277.] \n\"Normally, a continuation agreement would have some type \nof provision for purchaSing the interest of a deceased or \nexpelled partner. However, such a provision is not neces \nsary. Courts have enforced agreements that give the estate \nof the deceased partner nothing.\" Harold Gill Reuschlein \n&William A. Gregory, The Law ofAgency and Partnership \n 269. at 461 (2d ed. 1990). \ncontinuation application. 1. See CONTINUATION. 2. See \nCONTINUATION-IN-PART. \ncontinuation-application laches doctrine. Patents. An \nequitable defense to patent infringement, based on an \nassertion that the patentee deliberately delayed the \nissuance of the patent-in-suit by filing multiple con\ntinuing applications that added new patent claims to \ncover products marketed or processes used after the \noriginal application was filed. -Also termed prosecu\ntionlaches doctrine. See SUBMARINE PATENT. [Cases: \nPatents (::;:::::'289(2).] \ncontinuation-in-part. Patents. A patent application \nfiled by the same applicant during the pendency ofan \nearlier application, repeating a substantial part of the \nearlier application but adding to or subtracting from \nthe claims. 35 USCA  120. This type of application \ncontains new technical descriptions from the inventor \nor reflects improvements made since the parent appli\ncation was filed. A claim in a continuation-in-part \napplication is entitled to the benefit of the parent appli\ncation's filing date if the claimed subject matter is the \nsame, but the new matter takes the filing date of the \ncontinuation-in-part application. Continuation-in\npart applications are usu. filed to describe and claim \nlater-discovered improvements to an invention, or to \ndistinguish the invention from some prior-art refer\nence. -Abbr. CIP. -Also termed continuation-in\npart application; continuation application; continuing \napplication; file-wrapper continuation application. Cf. \nCONTINUATION. [Cases: Patents (;:=> llO.] \ncontinuation-in-part application, See CONTINUATION\nIN-PART. \ncontinuation-in-whole application. See CONTINUATION \n(2). \ncontinued bond. See annuity bond under BOND (3). \ncontinued-custody hearing. See shelter hearing under \nHEARING. \ncontinued meeting. See MEETING. \ncontinued-prosecution application. See PATENT APPLI\nCATION. \ncontinuing, adj. (14c) 1. Uninterrupted; persisting \n<a continuing offense>. 2. Not requiring renewal; \n\n364 continuing annuity \nenduring <continuing stockholders> <continuing \njurisdiction>. \ncontinuing annuity. See survivorship annuity under \nANNUITY. \ncontinuing application. See PATENT APPLICATION. \ncontinuing breach. See BREACH OF CONTRACT. \ncontinuing consideration. See CONSIDERATION (1). \ncontinuing contract. See CONTRACT. \ncontinuing covenant. See COVENANT (1). \ncontinuing damages. See DAMAGES. \ncontinuing guaranty. See GUARANTY. \ncontinuing harm. See continuing injury under INJURY. \ncontinuing injury. See INJURY. \ncontinuingjudidal education. (1964) Continuing legal \neducation for judges, usu. organized and sponsored by \na governmentally subsidized body and often involv\ning topics such as judicial writing, efficient decision\nmaking, caseload management, and the like. Abbr. \nCJE. \ncontinuing jurisdiction. See JURISDICTION. \ncontinuing-jurisdiction doctrine. (1966) 1. The rule that \na court retains power to enter and enforce a judgment \nover a party even though that party is no longer subject \nto a new action. lCases: Courts C~)30.12. Family law. \nThe rule that once a court has acquired jurisdiction \nover a child-custody or support case, that court con\ntinues to have jurisdiction to modify orders, even ifthe \nchild or a parent moves to another state. Child \nCustody C=>745; Child Support \ncontinuing legal education. (1948) 1. The process or \nsystem through which lawyers extend their learning \nbeyond their law-school studies, usu. by attending \nseminars designed to sharpen lawyering skills or to \nprovide updates on legal developments within partic\nular practice areas . In many jurisdictions, lawyers \nhave annual or biennial requirements to devote a \ngiven number of hours (usu. 12-15) to continuing \nlegal education. [Cases: Attorney and Client 2. \nThe enhanced skills or knowledge derived from \nprocess. 3. The business field in which educational pro\nviders supply the demand for legal seminars, books, \naudiotapes, and videotapes designed to further the edu\ncation oflawyers. -Abbr. CLE. \ncontinuing nuisance. See NUISANCE. \ncontinuing objection. See OBJECTION. \ncontinuing offense. See OFFENSE (1). \ncontinuing part-time judge. See JUDGE. \ncontinuing threat of harm. A condition or situation \nthat presents a high risk ofinjury at intervals or over \nan extended period, whether or not an injury has \nactually occurred . The condition or situation can be \na behavior that is subject to repetition, as with unfair\ncompetition practices or stalking, or an enduring state, \nsuch as environmental contamination. Also termed \nthreat ofcontinuing harm; continuing threat ofinjury; threat ofcontinuing injury. Cf. continuing injury under \nINJURY. \ncontinuing trespass. See TRESPASS. \ncontinuing-violation doctrine. Employment law. The \njudge-made rule that if an employer's discriminatory \nacts are of an ongoing nature, the statute oflimitations \nwill be extended to allow the plaintiff to recover even \nwhen a claim based on those acts would otherwise be \ntime-barred. [Cases: Limitation ofActions ~58(1).] \ncontinuing warranty. See promissory warranty under \nWARRANTY (3). \ncontinuing wrong. See WRONG. \ncontinuity (kon-ti-n[y]oo-<l-tee). l. Int'llaw. The princi\nple that upheavals and revolutions within a country \nas well as changes in governmental forms, the extent \nof a country's territory, and measures taken during a \nmilitary occupation do not affect the existence of \nthe country and therefore cannot lead to its extinction. \n2. Patents. The rule that a continuation or divisional \npatent application carries the effective filing date of \nits parent application if (1) the parent application fully \ndiscloses the same invention, (2) there is at least one \ncommon inventor, and (3) the parent application was \nstill pending when the latter application was ftied . A \ncontinuation-in-part application carries the effective \nfiling date for everything disclosed in the parent appli\ncation, but not for new material. 35 USCA  120. \nAlso termed doctrine ofcontinuity. Cf. HIATUS. [Cases: \nPatents ~110.] \ncontinuity of business enterprise. (1980) Tax. A \ndoctrine covering acquisitive reorganizations whereby \nthe acquiring corporation must continue the target cor\nporation's historical business or must use a Significant \nportion ofthe target's business assets in a new business \nto qualify the acquisition as a tax-deferred transaction. \n[Cases: Corporations C:-445.1.] \ncontinuity-of-enterprise doctrine. See SUBSTANTIAL\nCONTINUITY DOCTRINE. \ncontinuity-of-entity doctrine. See MERE-CONTINUA\nTION DOCTRINE. \ncontinuity of existence. See CONTINUlTY-OF-LlFE \nDOCTRINE. \ncontinuity ofinterest. (1974) 1. Tax. A doctrine covering \nacquisitive reorganizations whereby a target corpor"}
{"text": "ity ofinterest. (1974) 1. Tax. A doctrine covering \nacquisitive reorganizations whereby a target corpora\ntion's shareholders must retain a share in the acquiring \ncorporation to qualify the acquisition as a tax-deferred \ntransaction. 2. A judicial requirement for divisive reor\nganizations whereby a target corporation's shareholders \nmust retain an interest in both the distributing and \nthe controlled corporations to qualify the exchange as \na tax-deferred transaction. [Cases: Internal Revenue \n(;:)3677.] \ncontinuity-of-life doctrine. The principle that the \nwithdrawal, incapacity, bankruptcy, or death of the \nowner of an entity (esp. a corporation) does not end \nthe entity's existence. -Also termed continuity ofexis\ntence. [Cases: CorporationsC=>36.] \n\n365 \ncontinuous-adverse-use principle. The rule that the \nuninterrupted use of land -along with the other \nelements of adverse possession - will result in a suc\ncessful claim for adverse possession. -Also termed \nuninterrupted-adverse-use principle. See ADVERSE POS\nSESSION. [Cases: Adverse Possession (>44.] \ncontinuous crime. See CRIME. \ncontinuous easement. See EASEMENT. \ncontinuous injury. See continual injury under INJURY. \ncontinuous-operations clause. Oil & gas. A provision \nin an oil-and-gas lease giving the lessee the right to \ncontinue any drilling well that was begun before the \nlease expired and to begin drilling more wells. See \nOPERATIONS CLAUSE. [Cases: Mines and Minerals (> \n78.1(9).] \ncontinuous policy. See INSURANCE POLICY. \ncontinuous-representation doctrine. The principle that \nthe limitations period for bringing a legal-malpractice \naction is tolled as long as the lawyer against whom the \naction is brought continues the representation that is \nrelated to the negligent act or omission. [Cases: Limita\ntion ofActions (>55(3).] \ncontinuous servitude. See continuous easement under \nEASEMENT. \ncontinuous-treatment doctrine. (1962) The principle \nthat the limitations period for bringing a medical\nmalpractice action is tolled while the patient contin\nues treatment that is related to the negligent act or \nomission. [Cases: Limitation ofActions (>55(3).] \ncontinuous trigger. See TRIPLE TRIGGER. \ncontio (kon-shee-oh), n. [Latin] Roman law. 1. A public \nmeeting to which participants have been summoned \nby a magistrate. 2. A speech delivered at a public \nmeeting. -Also spelled cancio. PI. contiones (kon\nshee-oh-neez). \ncontor. See COUNTER. \ncontort (kon-tort), n. 1. (usu. pI.) The overlapping \ndomain ofcontract law and tort law. \n\"I have occasionally suggested to my students that a desir \nable reform in legal education would be to merge the first \nyear courses in Contracts and Torts into a single course \nwhich we could call Contorts.\" Grant Gilmore, The Death \nof Contract 90 (1974). \n2. A specific wrong that falls within that domain. 3. \nInformal. A constitutional tort. See constitutional tort \nunder TORT. \ncontra (kon-tr;:J), prep. (15c) Against or contrary to . As \na citation signal, contra denotes that the cited author\nity supports a contrary view. In old law reports, contra \noften identifies the defendant's attorney (pro querente \nrefers to the plaintiff's). \n\"Observe in the note citing cases in support of a proposi \ntion mentioned in the text whether any of the cases follow \nthe word contra, which means that a contrary rule has been \nlaid down in them.\" Frank Hall Childs, Where and How to \nFind the Law 78-79 (1922). \ncontra account. See ACCOUNT. contract \ncontraband (kon-tr;:J-band), n. (16c) 1. Illegal or pro\nhibited trade; smuggling. 2. Goods that are unlawful \nto import, export, produce, or possess. -contraband, \nadj. \nabsolute contraband. Goods used primarily for war, \nsuch as arms and ammunition, as well as clothing \nand equipment of a military character. \nconditional contraband. Goods susceptible of being \nused for warlike and peaceful purposes, such as coal \nand food. -Also termed ancipitis usus (an-sip-i-t;:Js \nyoo-s;:Js). \ncontraband per se. Property whose possession is \nunlawful regardless of how it is used. Cf. derivative \ncontraband. \nderivative contraband. Property whose possession \nbecomes unlawful when it is used in committing an \nillegal act. Cf. contraband per se. \ncontra bonos mores (kon-tr;:J boh-nohs mor-eez). [Latin \n\"against good morals\"] Offensive to the conscience and \nto a sense ofjustice. Contracts contra bonos mores \nare voidable. -Also termed contra bonos mores et \ndecorum; adversus bonos mores. \n\"Whatever is contra bonos mores et decorum, the principles \nof our law prohibit, and the King's court, as the general \ncensor and guardian of the public manners, is bound to \nrestrain and punish.\" Jones v. Randall, 98 E.R. 706, 707 \n(1774) (per Mansfield, en. \ncontracausator (kon-tr;:J-kaw-zay-t;:Jr). Hist. A criminal; \na person prosecuted for a crime. \ncontraceptivism. Hist. The criminal offense of distribut\ning or prescribing contraceptives. \ncontract, n. (14c) 1. An agreement between two or more \nparties creating obligations that are enforceable or \notherwise recognizable at law <a binding contract>. \n[Cases: Contracts (>1.] 2. The writing that sets forth \nsuch an agreement <a contract is valid if valid under \nthe law ofthe residence ofthe party wishing to enforce \nthe contract>. \n\"The term contract has been used indifferently to refer to \nthree different things: (1) the series of operative acts by \nthe parties resulting in new legal relations; (2) the physical \ndocument executed by the parties as the lasting evidence \nof their having performed the necessary operative acts \nand also as an operative fact in itself; (3) the legal relations \nresulting from the operative acts, consisting of a right or \nrights in personam and their corresponding duties, accom \npanied by certain powers, privileges, and immunities. The \nsum ofthese legal relations is often called 'obligation.' The \npresent editor prefers to define contract in sense (3) ....\" \nWilliam R. Anson, PrinCiples of the Law of Contract 13 n.2 \n(Arthur L. Corbin ed., 3d Am. ed. 1919). \n\"A contract is a promise, or a set of promises, for breach \nof which the law gives a remedy, or the performance of \nwhich the law in some way recognizes as a duty. This defi \nnition may not be entirely satisfactory since it requires a \nsubsequent definition of the circumstances under which \nthe law does in fact attach legal obligation to promises. \nBut if a definition were attempted which should cover \nthese operative facts, it would require compressing the \nentire law relating to the formation of contracts into a \nsingle sentence.\" Samuel Williston, A Treatise on the Law \nofContracts 1,at 1-2 (WalterH.E.Jaegered., 3ded. 1957) \n(footnote omitted). \n\n366 contract \n'The term 'contract' is also used by lay persons and \nlawyers alike to refer to a document in which the terms of \na contract are written. Use of the word in this sense is by \nno means improper so long as it is clearly understood that \nrules of law utilizing the concept 'contract' rarely refer to \nthe writing itself. Usually, the reference is to the agreement; \nthe writing being merely a memorial of the agreement.\" \nJohn D. Calamari &Joseph M. Perillo, The Law ofContracts \n 1.1, at 3 (4th ed. 1998). \n3. A promise or set of promises by a party to a trans\naction, enforceable or otherwise recognizable at law; \nthe writing expressing that promise or set ofpromises \n<when the lessor learned that the rooms were to be used \nfor the delivery of blasphemous lectures, he declined \nto perform his contract>. See Restatement (Second) of \nContracts  2 (1979). lCases: Contracts ~1.] \n\"The promissory element present in every contract \nis stressed in a widely quoted definition: 'A contract is \na promise, or set of promises, for breach of which the \nlaw gives a remedy, or the performance of which the \nlaw in some way recognizes as a duty: [1 Samuel Wil\nliston, Contracts  1.1 (4th ed. 1990).] This, like similar \ndefinitions, is somewhat misleading. While it is true that \na promise, express or implied, is a necessary element in \nevery contract, frequently the promise is coupled with \nother elements such as physical acts, recitals of fact, and \nthe immediate transfer of property interests. In ordinary \nusage the contract is not the promise alone, but the entire \ncomplex of these elements.\" John D. Calamari &Joseph M. \nPerillo, The Law ofContracts  1.1, at 1-2 (4th ed. 1998). \n4. Broadly, any legal duty or set of duties not imposed \nby the law of tort; esp., a duty created by a decree or \ndeclaration of a court <an obligation of record, as a \njudgment, recognizance, or the like, is included within \nthe term \"contract\">. [Cases: Contracts 1.] 5. The \nbody of law dealing with agreements and exchange \n<the general theory of contract>. 6. The terms of an \nagreement, or any particular term <there was no \nexpress contract about when the money was payable>. \n7. Loosely, a sale or conveyance. \n\"Sometimes the word 'contract' is used to deSignate a \ntransaction involving the exchange of goods or land for \nmoney. When money is exchanged for goods, this consti\ntutes a sale. When money is exchanged for land, this con\nstitutes a conveyance. Sales and conveyances may be the \nresult of a previous contract but they are not the contracts \nin themselves. There is no undertaking or commitment \nto do or refrain from doing anything in the future. This \nindispensable element of contract is missing.\" John Edward \nMurray Jr., Mumwon Contracts  2, at 5 (2d ed. 1974). \n8. Loosely, an enforceable agreement between two \nor more parties to do or not to do a thing or set of \nthings; a compact <when they finally agreed, they had \na contract>. [Cases: Contracts C~)1.] -contract, vb. \ncontractual, adj. \nabsolute simulated contract. Civil law. A simulated \ncontract that the parties intend to be wholly ineffec\ntive. La. Civ. Code art. 2026. See simulated contract. \n[Cases: Fraudulent Conveyances 24(1).] \naccessory contract. A contract entered into primarily \nfor the purpose of carrying OLlt a principal contract.  \nThe principal types are suretyship, indemnity, pledge, \nwarranty, and ratification. Cf. principal contract. adhesion contract. (1949) A standard-form contract \nprepared by one party, to be Signed by another party \nin a weaker position, LlSU. a consumer, who adheres \nto the contract with little choice about the terms. \nAlso termed contract ofadhesion; adhesive contract; \nadhesory contract; adhesionary contract; take-it-or\nleave-it contract; leonine contract. [Cases: Contracts \n\"Some sets of trade and professional forms are extremely \none-sided, grossly favoring one interest group against \nothers, and are commonly referred to as contracts of \nadheSion. From weakness in bargaining pOSition, igno' \nrance, or indifference, unfavored parties are willing to \nenter transactions controlled by these lopsided legal docu \nments.\" Quintin Johnstone & Dan Hopson Jr., Lawyers and \nTheir Work 329-30 (1967). \n\"Dangers are Inherent in standardization ... for it affords \na means by which one party may impose terms on another \nunwitting or even unwilling party. Several circumstances \nfacilitate this impOSition. First, the party that proffers the \nform has had the advantage of time and expert advice in \npreparing it, almost inevitably producing a form slanted in \nits favor. Second, the other party is usually completely or \nat least relatively unfamiliar with the form and has scant \nopportunity to read it an opportunity often diminished \nby the use of fine print and convoluted clauses. Third, bar\ngaining over terms of the form may not be between equals \nor, as is more often the case, there may be no possibility of \nbargaining at all. The form may be used by an enterprise \nwith such disproportionately strong economic power that \nit simply dictates the terms. Or the form may be a takeit \norleave-it proposition, often called a contract of adhesion, \nunder which the only alternative to complete adherence is \noutright rejection.\" E. Allan Farnsworth, Contracts  4.26, \nat 296-97 (3d ed. 1999). \naleatory contract (ay-Iee-d-tor-ee). [fro Latin aleator \n\"gambler,\" fro alea \"the throwing of dice\"] (1891) A \ncontract in which at least one party's performance \ndepends on some uncertain event that is beyond the \ncontrol of the parties involved . Most insurance \ncontracts and life annuities are of this type. -Also \ntermed hazardous contract; wagering contract. Cf. \ncertain contract. [Cases: Contracts (''=,218; Insur\nance (;:-:;; 1713.] \n\"A contract is aleatory when, because of the nature or \naccording to the parties' intent, the performance of either \nparty's obligation, or the extent of the performance, \ndepends on an uncertain event.\" La. Civ. Code art. 1912. \nalternative contract. (1871) A contract in which the \nperforming party may elect to perform one of two \nor more specified acts to satisfy the obligation; a \ncontract that provides more than one way for a party \nto complete performance, usu. permitting that party \nto choose the manner of performance. -Also termed \nalternative-methods-of-performance contract. [Cases: \nContracts \nassessment contract. A contract in which the payment \nof a benefit is dependent on the collection of an assess\nment levied on persons holding similar"}
{"text": "assessment contract. A contract in which the payment \nof a benefit is dependent on the collection of an assess\nment levied on persons holding similar contracts. \nSee assessment insurance under INSURANCE. [Cases: \nInsurance ~2080.] \nbest-efforts contract. A contract in which a party \nundertakes to use best efforts to fulfill the promises \nmade rather than to achieve a specific result; a \n\n:67 contract \ncontract in which the adequacy of a party's perfor\nmance is measured by the party's ability to fulfill the \nspecified obligations . Although the obligor must \nuse best efforts, the risk of failure lies with the obligee. \nTo be enforceable, a best-efforts term must generally \nset some kind ofgoal or guideline against which the \nefforts may be measured. See BEST EFFORTS. [Cases: \nContracts (;:::::c 189.] \nbilateral contract. (1866) A contract in which each \nparty promises a performance, so that each party is \nan obligor on that party's own promise and an obligee \non the other's promise; a contract in which the parties \nobligate t)1emselves reciprocally, so that the obliga\ntion of one party is correlative to the obligation of \nthe other. Also termed mutual contract; recipro\ncal contract; (in civil law) synallagmatic contract. See \nCOUNTERPROMISE. [Cases: Contracts 1,10(1).] \n\"In a bilateral contract a promise, or set of promises on one \nside, is exchanged for a promise or a set of promises on \nthe other side. In a unilateral contract, on the other hand, \na promise on one side is exchanged for an act (or a for\nbearance) on the other side. Typical examples of bilateral \ncontracts are contracts of sale, the buyer promising to pay \nthe price and the seller promising to deliver the goods. A \ntypical example of a unilateral contract is a promise of a \nreward for the finding of lost property followed by the \nactual finding of the property.\" P.s. Atiyah, An Introduction \nto the Law of Contract 32 (3d ed. 1981). \nblanket contract. A contract covering a group of \nproducts, goods, or services for a fixed period. \nbona fide contract (boh-n<} f Id or fI-dee). A contract \nin which equity may intervene to correct inequali\nties and to adjust matters according to the parties' \nintentions. \nbuild-to-print contract. A contract requiring the con\ntractor to build a product according to exact technical \nspecifications proVided by the customer . The design \nspecifications are explicit and are often coupled with \nperformance specifications, so the contractor has little \ndiscretion in how to perform. Much governmental \ncontracting is build-to-print. -Also termed design\nspecification contract. Cf. performance contract (1). \ncertain contract. (l7c) A contract that will be performed \nin a stipulated manner. Cf. aleatory contract. \ncollateral contract. (l809)A side agreement that \nrelates to a contract, which, if unintegrated, can be \nsupplemented by evidence of the side agreement; an \nagreement made before or at the same time as, but \nseparately from, another contract. See COLLATERAL\nCONTRACT DOCTRINE. [Cases: Evidence C:)440.] \n\"The term 'collateral contract' has no very precise meaning \nin the law. It is generally used as a label for a contract \nwhich is collateral, or by the side of, another contract. A \ngreat many examples of implied or constructive contracts \ncreated by the Courts are collateral in a broad sense .... \n[Allthough the normal presumption is that the parties \nintend a written contract to be exclusive evidence of their \nintentions, it is always open to a party to show that in fact \nthe writing did not exclusively represent their intentions, \nbecause of a 'collateral' contract made during the negotia\ntions but not incorporated in the written instrument.\" P.S. \nAtiyah. An Introduction to the Law of Contract 80-81, 161 \n(3d ed. 1981). commutative contract (ka-myoo-ta-tiv or kom-y<}-tay\ntiv). 1. Civil law. A contract in which, at the time it is \nformed, the parties' obligations and advantages are \ncertain and determinate . This definition applied \nin Louisiana law before the civil code was revised \nin 1984. 2. Louisiana law. A contract in which one \nparty's performance is correlative to the performance \nofthe other, so that nonperformance by either affords \na defense to the other. La. eiv. Code art. 1911. Cf. \nindependent contract; synallagmatic contract. \nconditional contract. An agreement that is enforceable \nonly ifanother agreement is performed or ifanother \nparticular prerequisite or condition is satisfied. \nAlso termed hypothetical contract. [Cases: Contracts \n(;:::::c218.] \nconditional sales contract. See retail installment con\ntract. \nconsensual contract. Hist. A contract arising from the \nmere consensus of the parties, without any formal \nor symbolic acts performed to fix the obligation . \nAlthough the consensual contract was known to the \ncommon law, it originated in Roman law, where it \nembraced four types ofcontracts in which informal \nconsent alone was sufficient: (1) an agency agreement \n(mandatum), (2) a partnership agreement (societas), \n(3) a sale (emptio venditio), or (4) a letting or hiring \n(locatio conductio). Cf. real contract. \n\"[Tlhe peculiarity of these Consensual Contracts is that \nno formalities are required to create them out of the Pact. \nMuch that is indefensible, and much more that is obscure, \nhas been written about the Consensual Contracts, and it \nhas even been asserted that in them the consent of the \nParties is more emphatically given than in any other species \nof agreement. But the Consensual merely indicates that the \nObligation is here annexed at once to the ConsenslJs. The \nConsensus, or mutual assent of the parties, is the final and \ncrowning ingredient in the Convention, and it is the \ncharacteristic of agreements falling under one four \nheads of Sale, Partnership, Agency, and Hiring. that, as \nsoon as the assent of the parties has supplied this ingredi\nent, there is at once a Contract. The Consensus draws with \nit the Obligation, performing, in transactions of the sort \nspecified, the exact functions which are discharged, in the \nother contracts, by the Res or Thing ... .\"' Henry S. Maine, \nAncient Law 322-23 (10th ed. 1884). \nconstruction contract. A contract setting forth the \nspecifications for a building project's construction. \n This type of contract is usu. secured by performance \nand payment bonds to protect both the owner and the \nsubcontractors. [Cases: Contracts \nconstructive contract. See implied-in-law contract. \ncontinuing contract. A contract calling for periodic \nperformances. [Cases: Contracts (;:::::c216.] \ncontract for deed. (l825) A conditional sales contract \nfor the sale of real property. -Also termed install\nment land contract; land sales contract; land contract. \n[Cases: Vendor and Purchaser (;:::::c'54.] \ncontract for sale. (1808) 1. A contract for the present \ntransfer of property for a price. Also termed \ncontract ofsale. [Cases: Sales C--'--:J 1(1).] 2. A contract \n\nto sell goods at a future time. Also termed (in sense \n2) contract to sell. \ncontract implied in fact. See implied-In-fact contract. \ncontract implied in law. See implied-in-law contract. \ncontract ofadhesion. See adhesion contract. \ncontract of affreightment. See CONTRACT OF \nAFFREIGHTMENT. \ncontract ofbeneficence. See gratuitous contract. \ncontract ofbenevolence. See gratuitous contract. \ncontract ofcarriage. See CONTRACT OF AFFREIGHT\nMENT .. \ncontract ofindemnity. See indemnity contract. \ncontract ofinsurance. See INSURANCE POLICY. \ncontract ofmarriage. See marriage contract. \ncontract of record. A contract that is declared by a \ncourt and entered into the court's record. _ Contracts \nof record include judgments, recognizances, and (in \nEngland) statutes staple. \n\"Contracts of record are not really contracts at all, but are \ntransactions which, being entered on the records of certain \ncourts called 'courts of record,' are conclusive proof of the \nfacts thereby appearing, and could formerly be enforced \nby action of law as if they had been put in the shape of a \ncontract.\" 1 Stewart Rapalje & Robert L Lawrence, A Dic \ntionarv ofAmerican and English Law 282 (1883). \n\"A contract of record is in point of fact no contract at all, \nand has nothing whatever to do with the law of contracts. \nThese socalled contracts are the obligations incurred by a \njudgment or recognizance of a Court of Record. They came \nto be called contracts only because they were enforceable \nby the same type of action as was used for genuinely con \ntractual cases in the old common law system of proce \ndure.\" P.S. Atiyah, An Introduction to the Law of Contract \n31 (3d ed. 1981). \ncontract ofsale. See contract for sale (1). \ncontract to pledge. 1. An agreement purporting to \ncreate a present pledge without a bailment. [Cases: \nPledges G-'-:: 11.] 2. An agreement to make a future \nbailment for the purpose of security. See PLEDGE \n(3). \ncontract to satisfaction. See satisfaction contract. \ncontract to sell. See contract for sale (2). \ncontract uberrimae fidei (yoo-ber-d-mee fI-dee-I). A \ncontract in which the parties owe each other duties \nwith the utmost good faith. [Cases: Insurance \n1867, 2996.1 \n\"In a certain restricted group of contracts good faith is \npeculiarly necessary owing to the relationship between \nthe parties, and in these cases -known as contracts uber \nrimae fidei .-there is a full duty to disclose all material \nfacts. The typical instance of such contracts is the contract \nof insurance. Here the duty to disclose all material facts to \nthe insurer arises from the fact that many of the relevant \ncircumstances are within the exclusive knowledge of one \nparty, and it would be impossible for the insurer to obtain \nthe facts necessary for him to make a proper calculation \nof the risk he is asked to assume without this knowledge.\" \nP.S. Atiyah, An Introduction to the Law ofContract 221-22 \n(3d ed. 1981). contract under seal. A formal contract that requires no \nconsideration and has the seal ofthe signer attached. \n- A contract under seal must be in writing or printed \non paper or parchment and is conclusive between the \nparties when signed, sealed, and delivered. Delivery is \nmade either by actually handing it to the other party \n(or party's representative) or by stating an intention \nthat the deed be operative even though it is retained \nin the possession of the party executing it. Modern \nstatutes have mostly eliminated the special effects \nof a sealed contract. -Also termed sealed contract; \nspecial contract; deed; covenant; specialty; specialty \ncontract; common-law specialty. See SEAL. Cf. sealed \ninstrument under INSTRUMENT (3). [Cases: Contracts \nG-~48.1 \n\"The only formal contract of English law is the contract \nunder seal, sometimes also called a deed and sometimes \na specialty. It is the only formal contract, because it derives \nits validity neither from the fact of agreement, nor from \nthe consideration which may exist for the promise of either \nparty, but from the form in which it is expressed.\" William \nR. Anson, Principles of the Law of Contract 82 (Arthur L. \nCorbin ed., 3d Am. ed. 1919). \n\"Contracts under seal also bear little resemblance to \nordinary contracts, although here at least the liability is \nbased on a promise. A contract under seal, that is to say \na deed, ... is a written promise or set of promises which \nderives its validity from the form, and the form alone, of \nthe executing instrument. In point of fact the 'form' of the \ndeed is nowadays surprisingly elastic. The only necessities \nare that the deed should be intended as such, and should \nbe signed, sealed, and delivered. The sealing, however, \nhas now become largely a fiction, an adheSive wafer simply \nbeing attached to the document in place of a genuine seal. \nSimilarly, 'delivery' is not literally necessary, provided that \nthere is a clear intention that the deed should be opera \ntive.\" P.S. Atiyah, An Introduction to the Law of Contract \n31 (3d ed. 1981). \ncost-plus contract. (1920) A contract in which payment \nis based on a fixed fee or a percentage added to the \nactual cost incurred. [Cases: Contracts \nde facto contract ofsale. A contract that purports to \npass property but is defective in some element. \ndependent contract. A contract conditioned or depen\ndent on another contract. \ndeposit contract. An agreement between a financial \ninstitution and its customer governing the treat\nment ofdeposited funds and the payment of checks \nand other demands against the customer's account. \n[Cases: Banks and Banking C=>133, \ndesign-specification contract. See build-to-print \ncontract. \ndestination contract. (1958) A contract in which a \nseller bears the risk afloss until the goods arrive at \nthe destination. UCC  2-509. Cf. shipment contract. \n[Cases: Sales (:::::::201(4).] \ndischarged contract. See void contract (2). \ndivisible contract. See severable contract. \ndual contract. A contract between parties who have \nmade two contracts far the same transaction, some\ntimes so that one may be used to defraud a person or \n\n369 contract \nentity (such as a lender) as to the terms ofthe parties' \nactual agreement. \nemployment contract. (1927) A contract between an \nemployer and employee in which the terms and con\nditions of employment are stated. [Cases: Labor and \nEmployment C:::)31.j \nengineering, procurement, and construction contract. \nA fixed-price, schedule-intensive construction \ncontract typical in the construction of single\npurpose projects, such as energy plants in which "}
{"text": "A fixed-price, schedule-intensive construction \ncontract typical in the construction of single\npurpose projects, such as energy plants in which \nthe contractor agrees to a wide variety ofresponsibili\nties, including the duties to provide for the design, \nengineering, procurement, and construction ofthe \nfacility; to prepare start-up procedures; to conduct \nperformance tests; to create operating manuals; and \nto train people to operate the facility. Abbr. EPC \ncontract. Also termed turnkey contract. See SIN\nGLE-PURPOSE PROJECT. \nentire-output contract. See output contract. \nescrow contract. The contract among buyer, seller, and \nescrow holder, setting forth the rights and respon\nsibilities of each. See ESCROW. [Cases: Deposits and \nEscrows 15.] \nevergreen contract. A contract that renews itself from \none term to the next in the absence of contrary notice \nby one of the parties. \nexclusive contract. See EXCLUSIVE-DEALING ARRANGE\nMENT. \nexecuted contract. (18c) I. A contract that has been \nfully performed by both parties. 2. A Signed contract. \n[Cases: Contracts (:::::>6; Sales 197; Vendor and \nPurchaser \nexecutory contract (eg-zek-p-tor-ee). (18c) 1. A \ncontract that remains wholly unperformed or for \nwhich there remains something still to be done on \nboth sides, often as a component of a larger trans\naction and sometimes memorialized by an informal \nletter agreement, by a memorandum, or by oral agree\nment. [Cases: Contracts Sales (:::::> 197; Vendor \nand Purchaser (:::::>53.] \n\"If a contract is wholly executory, and the legal duties of \nthe parties are as yet unfulfilled, it can be discharged by \nmutual consent, the acquittance of each from the other's \nclaims being the consideration for the promise of each to \nwaive his own.\" William R. Anson, Principles of the Law of \nContract 138 (Arthur L Corbin ed., 3d Am. ed. 1919). \n2. Bankruptcy. A contract under which debtor and \nnondebtor each have unperformed obligations and \nthe debtor, if it ceased further performance, would \nhave no right to the other party's continued perfor\nmance. [Cases: Bankruptcy (:::::>3106.] \nexpress contract. (I7c) A contract whose terms the \nparties have explicitly set out. Also termed special \ncontract. Cf. implied contract. Contracts (:::::> \nfinancial contract. Securities. An arrangement that \n(1) takes the form of an individually negotiated \ncontract, agreement, or option to buy, sell, lend, swap, or repurchase, or other similar individually negoti\nated transaction commonly entered into by partici\npants in the financial markets; (2) involves securities, \ncommodities, currencies, interest or other rates, other \nmeasures of value, or any other financial or economic \ninterest similar in purpose or function; and (3) is \nentered into in response to a request from a coun\nterparty for a quotation, or is otherwise entered into \nand structured to accommodate the objectives ofthe \ncounterparty to such an arrangement .. \nfixed-price contract. A contract in which the buyer \nagrees to pay the seller a definite and predetermined \nprice regardless of increases in the seller's cost or the \nbuyer's ability to acqUire the same in the market \nat a lower price. [Cases: Sales \nformal contract. A contract made through the obser\nvance of certain prescribed formalities . Among \nthe formal contracts are the contract under seal, the \nrecognizance, the negotiable instrument, and the \nletter of credit. Cf. informal contract; formal agree\nment under AGREEMENT. [Cases: Contracts (:::::>30.] \nforward contract. An agreement to buy or sell a par\nticular nonstandardized asset (usu. currencies) at \na fixed price on a future date. Unlike a futures \ncontract, a forward contract is not traded on a formal \nexchange. Also termed forward agreement. Cf. \nFUTURES CONTRACT. [Cases: Commodity Futures \nTrading Regulation (:::::> 10.] \nfutures contract. See FUTURES CONTRACT. \ngambling contract. An agreement to engage in a gamble; \na contract in which two parties wager something, esp. \nmoney, for a chance to win a prize . Where gambling \nis legal, contracts related to legal gambling activities \nare enforceable. -Also termed gaming contract. See \nwagering contract. [Cases: Gaming (;=:'10,25.] \n\"Generally, under or apart from statutes so providing, \nor prohibiting such contracts or transactions, gambling \ncontracts and transactions are illegal and void and cannot \nbe enforced: and such contracts are void ab initio.... A \ngambling contract is invalid, no matter what outward form \nit may assume, and no ingenuity can make it legal.\" 38 \nC,J.S. Gaming  26, at 138-39 (1996). \ngovernment contract. A contract to which a govern\nment or government agency is a party, esp. for the \npurchase of goods and services. See procurement \ncontract. \ngratuitous contract (gr<l-t[y]oo-i-t<ls). 1. A contract \nmade for the benefit of a promisee who does not \ngive consideration to the promisor. Also termed \ncontract of beneficence; contract ofbenevolence. Cf. \nonerous contract. 2. Civil law. A contract in which \none party promises to give a benefit to the other party \nwithout expecting or gaining any benefit in return. \nAlso termed voluntary contract. \ngrubstake contract. A contract between two parties \nin which one party provides the grubstake -money \nand supplies -and the other party prospects for \nand locates minerals on public land . Each party \nacquires an interest in the minerals as agreed to in the \n\ncontract. Grubstake contracts are used chieflv in the \nwestern United States. In some states, such as Alaska, \na request for grubstake money is considered the offer \nof a security and must be registered. Also termed \ngrubstaking contract. [Cases: Mines and Minerals C-= \n1Ol.] \nguaranteed-sale contract. A contract between a real\nestate agency and a property owner in which the \nagency agrees to buy the property at a guaranteed \nprice after a specified length of time if it has not been \nsold under the listing agreement.  The guaranteed \nprice is usu. a substantial discount from the listed \nprice. -;-Also termed guaranteed-purchase contract. \nguaranty contract. See GCARANTY (1). \nhazardous contract. See aleatory contract. \nhypothetical contract. See conditional contract. \nillegal contract. (18c) A promise that is prohibited \nbecause the performance, formation, or object ofthe \nagreement is against the law . Technically speaking, \nan illegal contract is not a contract at all because it \ncannot be enforced, so the phrase is a misnomer. Cf. \nunenforceable contract; void contract. [Cases: Con\ntracts C=J 103.] \n\"An illegal contract is exceptionally difficult to define. It \ndoes not merely mean a contract contrary to the criminal \nlaw, although such a contract would indubitably be illegal. \nBut a contract can well be illegal without contravening the \ncriminal law, because there are certain activities which the \nlaw does not actually prohibit, but at the same time regards \nas contrary to the public interest and definitely to be dis\ncouraged, for instance, prostitution. While a void contract \nis not necessarily illegal, an illegal contract is often void. \nHowever, the consequences of an illegal contract differ \nsomewhat from those usually produced by a simply void \ncontract, so illegal contracts are usually accorded separate \ntreatment.\" P.S. Atiyah, An Intwduction to the Law of \nContract 38 (3d ed. 1981). \nillusory contract. (I8c) An agreement in which one \nparty gives as consideration a promise that is so \ninsubstantial as to impose no obligation . The insub\nstantial promise renders the agreement unenforce\nable. [Cases: Contracts ~10.1 \nimmoral contract. An agreement that so flagrantly \nviolates societal norms as to be unenforceable. [Cases: \nContracts C='112.] \nimplied contract. (17c) 1. An implied-in-Iaw contract. \n[Cases: Implied and Constructive Contracts 1.] \n2. An implied-in-fact contract. Cf. express contract. \n[Cases: Contracts~27.1 \nimplied-in-fact contract. A contract that the parties \npresumably intended as their tacit understanding, \nas inferred from their conduct and other circum\nstances. -Also termed contract implied in fact. \n[Cases: Contracts \nimplied-in-law contract. An obligation created by law \nfor the sake ofjustice; specif., an obligation imposed \nby law because of some special relationship between \nthe parties or because one of them would otherwise \nbe unjustly enriched . An implied-in-Iaw contract \nis not actually a contract, but instead is a remedy that allows the plaintiff to recover a benefit conferred on \nthe defendant. -Also termed contract implied in \nlaw; quasi-contract; constructive contract. See UNJUST \nENRICHMENT. [Cases: Implied and Constructive Con\ntracts~l.] \n\"[Aldventurous courts have turned to the idea of a 'contract \nimplied in law,' a 'quaSi-contract' not really a contract, \na legal fiction necessary to promote the ends of justice \nand, in particular, to prevent 'unjust enrichment,''' Grant \nGilmore, The Death ofContract 73-74 (1974). \n\"Since. , . claims for the redress of unjust enrichment did \nnot fit comfortably into either the category of contract \nor that of tort, they came to be described as claims in \nquasicontract. Some of them were originally characterized \nas being in quantum meruit (as much as he deserved), a \nform of action used for claims to payment for services. \nThis procedural term has persisted and is sometimes used \ninexactly as a synonym for the more general term quasi\ncontract, which refers to any money claim for the redress of \nunjust enrichment,\" E, Allan Farnsworth, Contracts  2,20, \nat 103 (2d ed. 1990), \nimpossible contract. An agreement that the law will \nnot enforce because there is no feasible way for one of \nthe parties to perform. See IMPOSSIBILITY (3). [Cases: \nContracts ~309.] \nindemnity contract. A contract by which the promisor \nagrees to reimburse a promisee for some loss irre\nspective of a third person's liability. Also termed \ncontract ofindemnity. [Cases: Indemnity C-=-25.J \nindependent contract. A contract in which the mutual \nacts or promises ofthe parties have no relation to each \nother, either as equivalents or as considerations. Cf. \ncommutative contract. \ninformal contract. 1. A contract other than one under \nseal, a recognizance, or a negotiable instrument; \nspecif., that derives its force not from the observance \nof formalities but because ofthe presence in the trans\naction ofcertain elements that are usu. present when \npeople make promises with binding intent -namely \nmutual assent and consideration (or a device other \nthan consideration) . An informal contract may \nbe made with or without a writing. Most modern \ncontracts are informaL -Also termed bargain; \nsimple contract. [Cases: Contracts ~L] 2. See parol \ncontract. \n\"In general, there are five essential elements to the forma\ntion of an informal contract. These are: (1) mutual assent; \n(2) consideration or some other validation device; (3) two \nor more contracting parties (no person may contract with \nhi mself); (4) parties having legal capacity to contract; (5) \nthe absence of any statute or common-law rule declaring \nthe particular transaction to be void. The fourth and fifth \nelements are essential to the creation of any contract, \nformal or informal. The first, second and third elements \nare essential to the formation of informal contracts.\" John \nEdward Murray Jr., Murray on Contracts  17, at 28 (2d \ned. 1974). \ninnominate contract (i-nom-a-nit). Roman & civil \nlaw. A contract not classifiable under any particular \nname; a contract for which the law supplies nothing \nin addition to the express agreement of the parties. \nLa. Civ. Code art. 1914. This type of contract was \ndeveloped late in classical Roman law. Although the \n\n371 \nagreements were reciprocal, they did not become \noperational without at least part performance. \nAlso termed innominate real contract. Cf. nominate \ncontract. \ninstallment contract. (1896) A contract requiring or \nauthorizing the delivery ofgoods in separate lots, or \npayments in separate increments, to be separately \naccepted. -Under the UCC, this type of agreement \nwill be considered one contract even ifit has a clause \nstating that each delivery is a separate contract. UCC \n 2-612. [Cases: Sales (;:::; 163, 192.] \ninstallment land contract. See contract for deed. \nintegrated contract. See INTEGRATED CONTRACT. \ninvalid contract. An agreement that is either void or \nvoidable. -Also termed invalid agreement. [Cases: \nContracts (;:::;98.] \ninvestment contract. See INVESTMENT CONTRACT. \njoint contract. A contract in which two or more promi\nsors are together bound to fulfill its obligations, or one \nin which two or more promisees are together entitled \nto performance. Cf. severable contract. [Cases: Con\ntracts (;:::; IS1.] \nland contract. See contract for deed. \nland sales contract. See contract for deed. \nleonine contract. See adhesion contract. \nletter contract. In federal contract law, a written \ncontract with sufficient provisions to permit the con\ntractor to begin performance. [Cases: Contracts \n26.] \nleverage contract. See LEVERAGE CONTRACT. \nliteral contract. 1. Roman law. A type of written \ncontract originally created by and later evidenced \nby -an entry of the sum due on the debit side of a \nledger, binding a signatory even though the signatory \nreceives no consideration. -Literal contracts were \noften used for novations. See LITTERIS OBLIGATIO. \n'Though an obligation could be created by a literal contract \nin the time of Gaius, the so-called literal contract ofJustin\nian was not, in itself, a means of creating an obligation, but \n"}
{"text": "Gaius, the so-called literal contract ofJustin\nian was not, in itself, a means of creating an obligation, but \nwas the evidence of an obligation created in some other \nway .... The true literal contract, as described by Gaiu5, \nmay be defined as a means of creating an obligation to pay \nmoney by a fictitious entry ... in the creditor's account \nbook ... with the consent of the intended debtor. A, with \n8's consent, enters the fact that B is indebted to him ... \nand thereupon B is under an obligation to pay, though \nno money has passed between them.\" R.W. Leage, Roman \nPrivate Law316-17 (C.H. Ziegler ed., 2d ed. 1930). \n2. Civil law. A contract fully evidenced by a writing \nand binding on the signatory. \nmarine contract. See maritime contract. \nmaritime contract. A contract that is recognized in \nadmiralty jurisdiction . In general, a maritime \ncontract relates to a vessel in its use as such, to navi\ngation on navigable waters, to transportation by sea, \nor to maritime employment. Also termed marine \ncontract. contract \nmarketing contract. 1. A business's agreement with an \nagency or other association for the promotion ofsales \nof the business's goods or services. 2. An agreement \nbetween a cooperative and its members, by which the \nmembers agree to sell through the cooperative, and \nthe cooperative agrees to obtain an agreed price. \nmarriage contract. A form ofmutual consent required \nfor a matrimonial relationship to exist according to \nthe law ofthe place where the consent takes place. \nAlso termed contract of marriage. [Cases: Marriage \nCr'-::> 1, lS-20(2).] \nmixed contract. 1. Civil law. A contract in which \nthe respective benefits conferred are unequal. 2. A \ncontract for both the sale of goods and services . \nThe UCC may apply to a mixed contract if the pre\ndominant purpose is for the sale of goods. [Cases: \nSales \nmutual contract. See bilateral contract. \nnaked contract. See NUDUM PACTUM. \nnominate contract (nom-;l-nit). Civil law. A contract \ndistingUished by a particular name, such as sale, \ninsurance, or lease, the very use ofwhich determines \nsome of the rules governing the contract and the con\ntractual rights of the parties, without the need for \nspecial stipulations. -The contracts are generally \ndivided into four types: (1) real (arising from some\nthing done), (2) oral (arising from something said), \n(3) literal (arising from something written), and (4) \nconsensual (arising from something agreed to). La. \nCiv. Code art. 1914. Cf. innominate contract. \nnude contract. See NUDDM PACTUM. \nonerous contract. Civil law. A contract in which each \nparty is obligated to perform in exchange for each \nparty's promise of performance. La. Civ. Code art. \n1909. Cf. gratuitous contract. \noption contract. See OPTION (2). \noral contract. See parol contract (1). \noutput contract. (1904) A contract in which a seller \npromises to supply and a buyer to buy all the goods \nor services that a seller produces during a speci\nfied period and at a set price . Ihe quantity term is \nmeasured by the seller's output. An output contract \nassures the seller of a market or outlet for the period \nofthe contract. -Also termed entire-output contract. \nCf. requirements contract. [Cases: Sales (~=)71(4).] \nparol contract (p;l-rohl or par-;ll). (lSc) 1. A contract \nor modification of a contract that is not in writing \nor is only partially in writing. Also termed oral \ncontract; parol agreement; (loosely) verbal contract. \n[Cases: Contracts (;::::;:,31, 238(2).] 2. At common \nlaw, a contract not under seal, although it could be \nin writing. Also termed informal contract; simple \ncontract. See PAROL-EVIDENCE RULE. \npay-or-play contract. A contract in which one party \nagrees to perform and the other agrees to pay for the \npromised performance even if performance is never \n\n372 contract \ndemanded. Pay-or-play contracts are usu. made in \nthe entertainment industry. \nperformance contract. 1. A contract that requires a \nparty to act personally and does not allow substitu\ntion. People who provide unique personal services \noften make performance contracts. 2. A contract that \nallows the contractor to choose the means to achieve \nthe end result.  The product's specifications may be \nloose and allow the contractor latitude in deciding \nhow to perform. Cf. build-to-print contract. \npersonal contract. 1. A contract that binds a person \nbut not that person's heirs or assignees because the \ncontract requires a personal performance for which \nthere is no adequate substitute. [Cases: Assignments \n~19.J 2. A contract that binds a representative as an \nindividual rather than binding the person or entity \nrepresented . For instance, contracts made by a dece\ndent's personal representative traditionally bind the \nrepresentative, not the estate, unless expressly agreed \notherwise. [Cases: Executors and Administrators \n95.3. A real-property-related contract that is treated \nas personal property, not as a substitute for the real \nproperty. Examples include oil-and-gas royalty con\ntracts and property-insurance policies. \npignorative contract (pig-nd-ray-tiv). Civil law. A \ncontract in which the seller of real property, instead \nof relinquishing possession of the property that is \ntheoretically sold, gives the buyer a lien; a contract of \npledge, hypothecation, or mortgage ofrealty. [Cases: \nMortgages ~3l.l \nprecontract. (ISc) A contract that precludes a party \nfrom entering into a comparable agreement with \nsomeone else . Historically, a precontract was usu. \na promise to marry. It formed an impediment to \nmarriage with any person other than the promisee. \nThe legal impediment was extinguished and revived \nseveral times until it was finally abolished in 1752 by \n26 Geo. 2, ch. 33,  13. Cf. LETTER OF INTENT. [Cases: \nContracts \nprincipal contract. A contract giving rise to an acces\nsory contract, as an agreement from which a secured \nobligation originates. Cf. accessory contract. \nprivate contract. An agreement between private parties \naffecting only private rights. \nprocurement contract. A contract in which a govern\nment receives goods or services. A procurement \ncontract, including the bidding process, is usu. subject \nto government regulation. Also termed government \ncontract. See FEDERAL ACQUISITION REGULATION. \n[Cases: Public Contracts ~5.] \npublic contract. A contract that, although it involves \npublic funds, may be performed by private persons \nand may benefit them. [Cases: Public Contracts \n1.] \nquasi-contract. See implied-in-law contract. \nreal contract. Hist. A contract in which money or other \nproperty passes from one party to another; a contract requiring something more than mere consent, such \nas the lending ofmoney or handing over ofa thing . \nThis term, derived from Roman law, referred to con\ntracts concerning both personal and real property. \nReal contracts included transactions in the form of \ncommodatum, depositum, mutuum, and pignus. Cf. \nconsensual contract. \n\"The essence of ... the real contracts, was that, at the time \nthe agreement was made, one party, by delivering some \nthing belonging to him to the other party to the contract, \nimposed on that other an obligation to return the thing \nitself or, in the case of things intended to be consumed, \nan equivalent in kind. As the Roman lawyers expressed it, \nthe contractual obligation was created by something being \nhanded over ....\" R.W. Leage, Roman Private Law292 (C.H. \nZiegler ed., 2d ed. 1930). \n\"The term 'real contract' is in common use in the Civil law, \nand though not commonly used by judges or writers in the \ncommon law, nevertheless describes certain obligations \nenforced in England from very early times. A real contract \nis an obligation arising from the possession or transfer of \na res.\" Samuel Williston, A Treatise on the Law ofContracts \n 8. at 19 (Walter H.E.Jaeger ed., 3d ed. 1957). \nreciprocal contract. See bilateral contract. \nreferral sales contract. See REFERRAL SALES CON\nTRACT. \nrelative simulated contract. Civil law. A simulated \ncontract that the parties intend to have some effects, \nbut not necessarily those recited in the contract. La. \nCiv. Code art. 2027. See simulated contract. [Cases: \nFraudulent Conveyances (>1,24(1).] \nrequirements contract. (1932) A contract in which a \nbuyer promises to buy and a seller to supply all the \ngoods or services that a buyer needs during a speci\nfied period. The quantity term is measured by the \nbuyer's requirements. A requirements contract assures \nthe buyer ofa source for the period ofthe contract. Cf. \noutput contract. [Cases: Sales C-:07l(4).] \nretail installment contract. A contract for the sale \nof goods under which the buyer makes periodic \npayments and the seller retains title to or a security \ninterest in the goods. Also termed retail install\nment contract and security agreement; conditional \nsales contract. Cf. chattel mortgage under MORTGAGE. \n[Cases: Consumer Credit C::'4.J \nsatisfaction contract. A contract by which one party \nagrees to perform to the satisfaction of the other. \nAlso termed contract to satisfaction. [Cases: Contracts \nsealed contract. See contract under seal. \nself-determination contract. Under the Indian Self\nDetermination and Education Assistance Act, an \nagreement under which the federal government \nprovides funds to an Indian tribe and allows the tribe \nto plan and administer a program that would other\nwise be administered by the federal government. 25 \nUSCA  450bO). [Cases: Indians ~139.] \nservice contract. A contract to perform a service; esp., a \nwritten agreement to provide maintenance or repairs \n\n373 contract \non a consumer product for a specified term. [Cases: I favor the drafting party, they can amount to adhesion \nContracts 190; Sales (:::::3.1.] \nseverable contract. (1854) A contract that includes two \nor more promises each of which can be enforced sepa\nrately, so that failure to perform one of the promises \ndoes not necessarily put the promisor in breach of \nthe entire contract. -Also termed divisible contract; \nseveral contract. See SEVERABILITY CLAUSE. Cf. joint \ncontract. [Cases: Contracts Cr'-:;:) 137, 171.] \n\"A severable contract ... is one the consideration of which \nis, by its terms, susceptible of apportionment on either \nside, so as to correspond to the unascertained consider\nation on the other side, as a contract to pay a person the \nworth ofhis services so long as he will do certain work: or \nto give a certain price for every bushel of so much corn as \ncorresponds to a sample.\" Ivan Horniman, Wharton's Law \nLexicon 215 (13th ed. 1925). \nshipment contract. (1S93) A contract in which a seller \nbears the risk ofdamage to the items sold only until \nthey are brought to the place of shipment. -Ifa \ncontract for the sale of goods does not address the \nterms of delivery, it is presumed to be a shipment \ncontract. UCC  2-319, 2-504, 2-509. Cf. destination \ncontract. [Cases: Sales (;::>201(4).] \n\"In the jargon of commercial lawyers, a contract that \nrequires or authorizes the seller to send the goods to \nthe buyer but does not require that he deliver them at \nany particular destination is called a 'shipment contract.' \nGenerally, in shipment contracts, risk of loss passes to \nthe buyer at the point of shipment, which is also the \npoint of 'delivery,' while in 'destination contracts' (seller \nmust deliver at a particular destination) risk passes upon \nseller's tender at destination.\" 1 James J. White & Robert \nS. Summers, Uniform Commercial Code  3-5, at 128-29 \n(4th ed. 1995). \nsimple contract.!. See informal contract (1). 2. See \nparol contract (2). \nsimulated contract. Civil law. A contract that, bv \nmutual agreement, does not express the true inten't \nof the parties. La. Civ. Code art. 2025. - A simulated \ncontract is absolute when the parties intend that the \ncontract will impose no obligations; no obligations \nare enforceable on the parties by such a contract. A \nsimulated contract is relative ifthe parties intend it to \nimpose obligations different from those recited in the \ncontract; the intended obligations are enforceable if \nall relevant conditions are met. A simulated contract \nmay affect the rights of third parties. See action en \ndeclaration de simulation under ACTION (4). -Also \ntermed simulation. [Cases: Fraudulent Conveyances \n(::::: 1, 24(1).] \nspecial contract. 1. See contract under seal. 2. A \ncontract with peculiar provisions that are not ordi\nnarily found in contracts relating to the same subject \nmatter. 3. See express contract. \nspecialty contract. See contract under seal. \nstandard-form contract. (1923) A usu. preprinted \ncontract containing set clauses, used repeatedly by \na business or within a particular industry with only \nslight additions or modifications to meet the specific \nsituation. -Because standard-form contracts usu. contracts. Courts offset the drafting party's advantage \nby construing the contract in the light least favorable \nto the drafting party. -Also termed standardized \ncontract. See adhesion contract. [Cases: Contracts \n(:::::1.] \n\"[U]niformity of terms in contracts typically recurring in a \nbusiness enterprise is an important factor in the exact cal\nculation of risks. Risks that are difficult to calculate can be \nexcluded altogether. Unforeseeable contingencies affect\ning performance, such as strikes, fire, and transportation \ndifficulties can be taken care of.... Standardized contracts \nhave thus become an important means of excluding or \ncontrolling the ['irrational"}
{"text": "ies can be taken care of.... Standardized contracts \nhave thus become an important means of excluding or \ncontrolling the ['irrational factors' that could persuade \na court or jury to decide against a powerful defendant].\" \nFriedrich Kessler, Contracts ofAdhesion -Some Thoughts \nAbout Freedom ofContract, 43 Colum. L. Rev. 629, 631-32 \n(1943). \nstatutory contract. A contract for which a statute pre\nscribes certain terms. -Statutes often govern the \ncontracts made by public entities, but also some by \nprivate persons. For example, a statute may define and \nset minimum standards for terms in home-improve\nment contracts. \nstock-option contract. A negotiable instrument that \ngives the holder the right to buy or sell -for a \nspecified price within a fixed time limit a certain \nnumber of shares of the corporation's stock. See \nSTOCK OPTION. [Cases: Corporations (::::: 116.] \nsubcontract. (lSc) A secondary contract made by a \nparty to the primary contract for carrying out the \nprimary contract, or a part ofit. \nsubscription contract. See SUBSCRIPTION (3). \nsubstituted contract. A contract made between parties \nto an earlier contract so that the new one takes the \nplace of and discharges the earlier one. - A substi\ntuted contract differs from a novation (as \"novation\" \nis traditionally defined) in that the latter requires \nthe substitution for the original obligor of a third \nperson not a party to the original agreement; when \nthe obligee accepts the third party, the agreement is \nimmediately discharged. In contrast to both substi\ntuted contract and novation, an executory accord \ndoes not immediately discharge an obligation; rather, \nthe obligation is discharged on performance, often by \na third person, rather than the original obligor. Cf. \nNOVATION; ACCORD (2). [Cases: Accord and Satisfac\ntion 1; ;-';ovation (~1, 4.] \n\"[AJ substituted contract immediately discharges the prior \nclaim which is merged into the new agreement. Conse\nquently, in the absence of an express agreement to the \ncontrary, the original claim can no longer be enforced. In \nthe event of a breach, any action would have to be brought \non the substituted agreement. ... The concept of 'sub\nstituted contract' was created largely to circumvent the \nunsatisfactory rules that until recently governed executory \naccords. Now that these rules have been modernized, the \nnext step should be the reabsorption of the substituted \ncontract into the executory accord .... [TJhe untidy distinc\ntion between executory accords and substituted contracts \nshould not be allowed to complicate litigation about routine \nclaim settlements.\" John D. Calamari &Joseph M. Perillo, \nThe Law ofContracts  21.6, at 803 (4th ed. 1998). \n\ncontract 374 \nsynallagmatic contract (sin-d-lag-mat-ik). [fro Greek \nsynallagma \"mutual agreement\"] Civil law. A contract \nin which the parties obligate themselves reciprocally, \nso that the obligation of each party is correlative to the \nobligation ofthe other. La. Civ. Code arts. 1908, 1911. \n- A synallagmatic contract is characterized by cor\nrelative obligations, whereas a commutative contract \nis characterized by correlative performances. The \nterm synallagmatic contract is essentially the civil\nlaw equivalent ofthe common law's bilateral contract. \nCf. commutative contract. \ntacit contract. A contract in which conduct takes the \nplace of written or spoken words in the offer or accep\ntance (or both). [Cases: Contracts ~27.] \ntake-it-or-Ieave-it contract. See adhesion contract. \ntake-or-pay contract. A contract requiring the buyer \nto either purchase and receive a minimum amount of \na product (\"take\") or pay for this minimum without \ntaking immediate delivery (\"pay\"). -These contracts \nare often used in the energy and oil-and-gas busi\nnesses. [Cases: Electricity~11(3); GasC:'13(l).] \ntask-order contract. A contract under which a vendor \nagrees to render services or deliver products as \nordered from time to time . Governments use this \ntype of contract when the quantities that will be \nneeded or the times for performance are uncertain. \nThe contract may describe the services or products \ngenerally, but it must specify the period of perfor\nmance, the number ofoption periods, and the total \nminimum and maximum quantity of products or \nservices that the government will acquire under the \ncontract. When exercising its contractual rights, the \ngovernment issues task orders to specify the product \nor service requirements, which may vary with each \norder. Sometimes shortened to task order. [Cases: \nUnited States \nthird-party-beneficiary contract. A contract that \ndirectly benefits a third party and that gives the third \nparty a right to sue any ofthe original contracting \nparties for breach. [Cases: Contracts (~187.] \nturnkey contract. See engineering, procurement, and \nconstruction contract. \nunconscionable contract. See unconscionable agree\nment under AGREEMENT. \nunenforceable contract. A valid contract that, because \nofsome technical defect, cannot be fully enforced; a \ncontract that has some legal consequences but that \nmay not be enforced in an action for damages or \nspecific performance in the face ofcertain defenses, \nsuch as the statute of frauds. -Also termed agree\nment ofimperfect obligation. Cf. illegal contract; void \ncontract. [Cases: Contracts 138(1).] \n\"The difference between what is voidable and what is \nunenforceable is mainly a difference between substance \nand procedure. A contract may be good, but incapable \nof proof owing to lapse of time, want of written form, or \nfailure to affix a revenue stamp. Writing in the first cases, \na stamp in the last, may satisfy the requirements of law \nand render the contract enforceable, but it is never at any time in the power of either party to avoid the transaction. \nThe contract is unimpeachable, only it cannot be proved in \ncourt.\" William R. Anson, Principles ofthe Law ofContract \n19-20 (Arthur L. Corbin ed., 3d Am. ed. 1919). \n\"Courts are ... fond of condemning the unenforceable \nagreement as 'illegal.' This is misleading insofar as it \nsuggests that some penalty is necessarily imposed on one \nof the parties, apart from the court's refusal to enforce the \nagreement. In some cases, the conduct that renders the \nagreement unenforceable is also a crime, but this is not \nnecessarily or even usually so. It is therefore preferable \nto attribute unenforceability to grounds of public policy \nrather than to 'illegality.'\" E. Allan Farnsworth, Contracts \n 5.1, at 323 (3d ed. 1999). \nunilateral contract. (1855) A contract in which only \none party makes a promise or undertakes a perfor\nmance; a contract in which no promisor receives \na promise as consideration for the promise given. \n[Cases: Contracts (;:=> 1.] \n\"[M]any unilateral contracts are in reality gratuitous \npromises enforced for good reason with no element of \nbargain.\" P.S. Atiyah, An Introduction to the Law ofContract \n126 (3d ed. 1981). \n\"If A says to B. 'If you walk across the Brooklyn Bridge I will \npay you $100: A has made a promise but has not asked B \nfor a return promise. A has asked Bto perform, not a com\nmitment to perform. A has thus made an offer looking to a \nunilateral contract. Bcannot accept this offer by promising \nto walk the bridge. B must accept, if at all, by performing \nthe act. Because no return promise is requested, at no \npoi nt is B bound to perform. If Bdoes perform, a contract \ninvolving two parties is created, but the contract is classi\nfied as unilateral because only one party is ever under an \nobligation.\" John D. Calamari &Joseph M. Perillo, The Law \nofContracts  210(a), at 64-65 (4th ed. 1998). \nvalid contract. A contract that is fully operative in \naccordance with the parties' intent. Also termed \nvalid agreement. [Cases: Contracts \nvariable annuity contract. Securities. An annuity \nwhose payments vary according to how well the fund \n(usu. made up ofcommon stocks) that backs it is per\nforming. SEC Rule O-l(e)(l) (17 CFR  270.0-1(e)(1). \nSee variable annuity under ANNUITY. [Cases: Securi\nties Regulation ~5.30.] \nverbal contract. See parol contract (1). \nvoidable contract. (18c) A contract that can be affirmed \nor rejected at the option of one of the parties; a \ncontract that is void as to the wrongdoer but not void \nas to the party wronged, unless that party elects to \ntreat it as void. [Cases: Contracts <>~98, 136.] \n\"A voidable contract is a contract which, in its inception, \nis valid and capable of producing the results of a valid \ncontract, but which may be 'avoided', I.e. rendered void at \nthe option of one (or even, though rarely, of both) of the \nparties.\" P.S. Atiyah, An Introduction to the Law ofContract \n37-38 (3d ed. 1981). \nvoid contract. (I7c) 1. A contract that is of no legal \neffect, so that there is really no contract in existence \nat alL - A contract may be void because it is techni\ncally defective, contrary to public policy, or illegal. \nCf. illegal contract; unenforceable contract. [Cases: \nContracts ~98, 136.] \n\"Strictly speaking, a 'void contract' is a contradiction in \nterms; for the words describe a state of things in which, \n\n375 \ndespite the intention of the parties, no contract has been \nmade, Yet the expression, however faulty, is a compendi\nous way of putting a case in which there has been the \noutward semblance without the reality of contract,\" William \nR, Anson, Principles of the Law of Contract 18 (Arthur L. \nCorbin ed\" 3d Am, ed, 1919), \n\"A valid contract is, of course, simply a contract of full \nforce and effect, not vitiated in any way. A so-called void \ncontract, on the other hand, is really a contradiction in \nterms inasmuch as a contract has already been defined \nin terms applicable only to a valid contract. However, the \nterm is convenient and is universally used, For purposes \nof exposition, it is convenient to treat void contracts as \nfalling, broadly speaking, into main categories, On the one \nhand, are cases where one of the normal requirements for \nthe crealion of a contract is absent, while, on the other \nhand, are cases where all the normal requirements are \nsatisfied, but the contract is void because the law disap\nproves of its purpose or the terms by which it seeks to \nachieve that purpose. Typical examples of contracts which \nare void because one of the normal requirements is absent \nare contracts in which the acceptance of an offer has not \nbeen communicated or in which a promise is given gra\ntuitously. Typical examples of contracts which are void \nbecause of their terms or objects are wagering contracts, \nand contracts prejudicial to family relations.\" P.S_ Atiyah, An \nIntroduction to the Law ofContract 36-37 (3d ed. 1981). \n2. A contract that has been fully performed. -Also \ntermed discharged contract. \n\"Not only is the term 'void contract' in itself technically \ninaccurate, but a contract is sometimes said to be void, \nnot because it was destitute of legal effect from its com\nmencement, but because it has been fully performed, and \nso has ceased to have legal operation. It would be more \nproper to describe such a contract as 'discharged.''' William \nR. Anson, Principles of the Law of Contract 20 (Arthur l. \nCorbin ed., 3d Am_ ed. 1919), \n3. Loosely, a voidable contract. \n\"Again the word 'void' has been used, even by judges and \nthe framers of statutes, where 'voidable' is meant. One \nillustration will suffice. By 17 Geo. III, c, SO, failure to pay \ncertain duties at an auction is stated to make a bidding 'nul \nand void to all intents,' but this does not entitle a purchaser \nwho has repented of his bargain to avoid the contract by \nhis own wrong, that is by refusal to pay the statutory duty. \nThe contract is voidable at the option of the party who \nhas not broken the condition imposed by law_\" William R. \nAnson, Principles of the Law of Contract 20-21 (Arthur l. \nCorbin ed\" 3d Am, ed. 1919), \nvoluntary contract. See gratuitous contract (2). \nwagering contract. 1. A contract the performance of \nwhich depends on the happening of an uncertain \nevent, made entirely for sport. See gambling contract. \nCf. aleatory contract. [Cases: Gaming (;:J1,5, 10.] \n\"Although wagering and gaming agreements were gen\nerally enforceable under the English common law, they \nwere condemned in most American states, in part because \nthey were thought to encourage shiftlessness, poverty, and \nimmorality, and in party because they were regarded as too \nfrivolous to be worthy ofjudicial attention, Irwin v. Williar, \n110 U,S. 499 (1884) ('In England it is held that the contracts, \nalthough wagers, were not void at common law, . ' . while \ngenerally, in this country, all wagering contracts are held \nto be illegal and void as against public policy:)\" E. Allan \nFarnsworth, Contracts  5,2 n.4, at 326-27 (3d ed, 1999). \n2. A contract in which an uncertain event affects or \nresults from a business transaction . With this type Contracts Clause \nofwagering contract, a business person is protected \nfrom a trade risk. \nwritten contract. A contract whose terms have been \nreduced to writing. \n\"Written contracts are also commonly signed, but a written \ncontract may consist of an exchange of correspondence, \nof a letter written by the promisee and assented to by the \npromisor without signature, or even of a memorandum \nor printed document not signed by either party. Statutes \nrelating to written contracts are often expressly limited to \ncontracts signed by one or both parties. Whether such a \nlimitation is to be implied when not explicit depends on the"}
{"text": "limited to \ncontracts signed by one or both parties. Whether such a \nlimitation is to be implied when not explicit depends on the \npurpose and context.\" Restatement (Second) of Contracts \n 95 cmt. c (1979) (citations omitted). \nyellow-dog contract. See YELLOW-DOG CONTRACT. \ncontract, freedom of. See FREEDOM OF CONTRACT. \ncontract bond. See PERFORMANCE BOND. \ncontract carrier. See private carrier under CARRIER. \nContract Clause. See CONTRACTS CLAUSE. \ncontract demurrage. See DEMURRAGE. \ncontractee. Rare. A person with whom a contract is \nmade. \ncontract labor. See INDEPENDENT CONTRACTOR. \ncontract loan. See add-on loan under LOAN. \ncontract not to compete. See noncompetition covenant \nunder COVENANT (1). \ncontract not to sue. See covenant not to sue under \nCOVENANT (1). \ncontract ofaffreightment (a-frayt-mant). Maritime law. \nAn agreement for the carriage of goods by water . A \ncontract ofaffreightment may employ a bill oflading, \na charterparty, or both to ship the goods. -Abbr. \nCOA. Also termed contract ofcarriage. See CHAR\nTERPARTY. [Cases: Shipping (;:J104.] \ncontractor. (16c) 1. A party to a contract. 2. More specif., \none who contracts to do work or prOVide supplies for \nanother. \ncompetent contractor. A contractor who has the knowl\nedge, skill, experience, and available equipment to do \nthe work that he or she is employed to do without \ncreating an unreasonable risk ofinjury to others and \nwho has the personal characteristics necessary to \ncarry out the work. [Cases: Labor and Employment \n<8::::/3132.] \ngeneral contractor. One who contracts for the com\npletion of an entire project, including purchasing \nall materials, hiring and paying subcontractors, and \ncoordinating all the work. Also termed original \ncontractor; prime contractor. [Cases: Contracts (;:J, \n197.] \nindependent contractor. See INDEPENDENT CONTRAC\nTOR. \nsubcontractor. See SUBCONTRACTOR. \ncontract rate. See INTEREST RATE. \nContracts Clause. (1875) The clause of the U.S. Con\nstitution prohibiting states from passing any law that \n\n376 contract-specification defense \nwould impair private contractual obligations. The i enforced contracts of good faith (e.g., contracts of \nSupreme Court has generally interpreted this clause \nso that states can regulate private contractual obliga\ntions if the regulation is reasonable and necessary to \nserve an important public purpose. u.s. Const. art. I, \n 10, d. 1. -Also termed Contract Clause; Obligation \nofCon tracts Clause. [Cases: Constitutional Law \n2660-2775.) \ncontract-specification defense. An affirmative defense \nthat immunizes a contractor from liability for a defect \nin a product when the contractor has manufactured or \nperformed according to detailed contractual orders . \nThe defense applies to specialized, single-use compo\nnents ana protects a component supplier from claims of \nnegligent design if the component conforms to the con\ntractual specifications unless the specifications are \nobviously dangerous. Under modern notions of strict \nliability, courts have increasingly rejected this defense. \nCf. GOVERNMENT-CONTRACTOR DEFENSE; GOVERN\nMENT-AGENCY DEFENSE. [Cases: Products LiabilityC=;> \n175, \ncontract system. Hist. The practice of leasing prisoners \nout to private individuals for the prisoners' labor. \ncontract to pledge. See CONTRACT. \ncontract to satisfaction. See satisfaction contract under \nCONTRACT. \ncontract to sell. See contract for sale (2) under \nCONTRACT. \ncontractual duty. See DUTY (1). \ncontractual fault. See FAULT. \ncontractual indemnity. See INDEMNITY. \ncontractual obligation. See OBLIGATION. \ncontract uberrimae fidei. See CONTRACT. \ncontract under seal. See CONTRACT. \ncontractus (kan-trak-tds). [Latin] Roman law. A contract; \nan agreement between two or more parties, usu. to \ncreate an actionable bond between them. See CON\nTRAHERE. \n\"The texts of the Roman law do not supply a definition \nof contract. The words contractus contrahere like \n'contract' in English, are used in various senses, some-\nti mes Wider, sometimes narrower. Labeo gives contractus \nthe meaning of a reciprocal obligation, such as purchase \nand sale, hire, partnership. But when the Romans speak \nof obligation arising from contract, they mean obligations \narising from convention or agreement. In Roman law it was \nfar from being the case that all agreements which might be \nexpected to produce a legal obligation did so.\" R.W. lee, \nThe Elements of Roman Law 285 (4th ed, 1956). \ncontractus bonae fidei, vel stricti juris (kdn-trak-tds \nboh-nee I-dee-I, vel strik-tI joor-I). [Latin] Roman \nlaw. Contracts ofgood faith or ofstrict law; a contract \nrequiring that the parties perform their duties in good \nfaith. In an action brought on a contractus bonae \nfidei, the plaintiff had to assert that he had not acted \nin bad faith. All consensual contracts were considered \ncontractus bonae fidei. The phrase was typically used \nwhen a remedy was being sought for a breach. Judges sale) according to the requirements of good faith and \ncontracts ofstrict law (e.g., stipulations) according to \ntheir strict terms. Sometimes shortened to contrac\ntus bonae fidei. \ncontract zoning. See ZONING. \ncontradictio in adjecto. [Latin) A contradiction in terms; \nan oxymoron. \ncontradictory judgment. See rUDGMENT. \ncontradictory motion. See MOTION (1). \ncontra executionem (kon-trd ek-si-kyoo-shee-oh-ndm). \n[Law Latin] Hist. Against execution. The phrase \nreferred to the presumption in favor of a defendant's \nobjections to the manner of execution against the \ndefendant's property. \ncontrafactio (kon-trd-fak-shee-oh). [Law Latin] Hist. The \nact ofcounterfeiting . The word appeared frequently \nin the phrase contrafactio sigilli regis (\"counterfeiting \nthe king's seal\"). \ncontra fidem tabularum nuptialium (kon-trd fI-d<lm \ntab-p-Iair-dm ndp-shee-ay-lee-<lm). [Law Latin] Scots \nlaw. Against the provisions of the marriage contract.  \nThe phrase usu. referred to antenuptial contracts. \ncontra formam collationis (kon-tr<l for-m<lm kd-lay\nshee-oh-nis). [Latin \"against the form of a collation\"] \nHist. A writ to regain lands given to a religious society \nin exchange for perpetual alms. The writ was usu. \nsought by an heir ofthe person who had given the land \naway. \ncontra formam feoffmenti (kon-tr<l for-m<lm feef-men\ntIl. [Latin \"contrary to the form ofthe feoffment\"] Hist. \nA writ that commanded a landowner to stop demand\ning from a tenant more services than those included \nin the tenant's deed to the land. Also spelled contra \nformam feoffamenti. \n\"Contra formam feoffamenti is a writ that lies where a man \nbefore the statute of quia emptores terra rum, made 18 Ed. \n1, infeoffed another by deed to do certain service; if the \nfeoffor or his heirs distrain him to do other service than is \ncomprised in the deed, then the tenant shall have this writ, \ncommanding him not to distrain him to do other service \nthan is comprised in the deed.\" Termes de fa Ley 116 (1st \nAm. ed, 1812). \ncontra formam statuti (kon-tr<l for-m<lm sta-tyoo-tI). \n[Law Latin] Contrary to the form of the statute. See \nAGAINST THE FORM OF THE STATUTE. \ncontrahere (kan-tray-hd-ree), vb. [Latin \"draw together\"] \nRoman law. 1. To establish or enter into a formal rela\ntionship, as between husband and wife, creditor and \ndebtor, by mutual agreement. 2. To commit a crime. 3. \nTo accept an inheritance. 4. Generally, to perform any \nact oflegal Significance. See CONTRACTUS. \ncontra hereditatem jacentem (kon-tr<l hd-red-i-tay-tdm \nja-sen-tdm). [Law Latin] His!. Against a succession that \nthe heir has not taken up; against a fallen inheritance. \n The phrase appeared in reference to a creditor's right \nto pursue a debtor's estate tor recovery of a debt even \nthough the heir did not take up the succession. \n\n377 \ncontra jus belli (kon-tra jas bel-I). [Latin] Against the \nlaw ofwar. \ncontrajus commune (kon-tra jds ka-myoo-nee). [Latin] \nAgainst common right or law; contrary to the rule of \nthe common law. \ncontra legem (kon-tra lee-jam ter-ee). [Latin]!. Contrary \nto law; against the law. 2. EQUITY CONTRA LEGEM. \ncontra legem terrae (kon-tr.. lee-j ..m ter-ee). [Latin] \nAgainst the law of the land. \ncontra libertatem matrimonii (kon-tra lib-ar-tay-t ..m \nma-tri-moh-nee-I). [Latin] Hist. Against freedom \nof marriage. _ The phrase appeared in reference to \nmarriage restraints, some of which were illegaL \ncontra non producta (kon-tr.. non pr..-dak-t..). [Law \nLatin \"against things not produced\"] Scots law. In a \nreduction action, a decree declaring that a challenged \ndeed is void. \ncontra non valentem. See DOCTRINE OP CONTRA NON \nVALENTEM. \ncontra omnes gentes (kon-tra om-neez jen-teez). [Latin] \nHist. Against all people. -These were the traditional \nwords of warranty in a deed. \ncontra omnes mortales (kon-tra ahm-neez mor-tay\nleez). [Law Latin] Hist. Against all mortals. -This \nlanguage was contained in an absolute warranty. \ncontra pacem (kon-tra pay-sam). [Latin] Hist. Against \nthe peace. _ This term was used in indictments to \nsignify that the alleged offense was against the public \npeace. \ncontra pietatem (kon-tr.. pl-..-tay-t..m). [Latini Hist. \nContrary to natural duty. \ncontraplacitum (kon-tra-plas- ..-tam). [Latin] Hist. A \ncounterplea. \ncontra proferentem (kon-tra prof-..-ren-t..m). [Latin \n\"against the offeror\"] The doctrine that, in interpreting \ndocuments, ambiguities are to be construed unfavor\nably to the drafter. -Also spelled contra pro/erentes. \nAlso termed ambigUity doctrine. [Cases: Contracts \n155.] \ncontrarotulator (kon-tra-roch-y;day-tar or kon-tr,,-roh\nty~-lay-tdr). [Latin \"controller\"] Hist. A person respon\nsible for collecting and managing funds on behalf of \nthe Crown or other government office. - A variety \nof controllers existed in England, including the COll\ntrarotulator custumarum (controller of the customs), \ncontrarotulator hospitii domini regis (controller of the \nking's household), and contrarotulator pipae (controller \nof the pipe i.e., an officer who collected debts due to \nthe Exchequer). \ncontrary to law. (16c) Illegal; unlawful; conflicting with \nestablished law. \ncontrary to the evidence. (16c) (Of an argument, finding, \netc.) conflicting with the weight of the evidence pre\nsented at a contested hearing. contributio lucri at damni \ncontra spolium (kon-tr~ spoh-Iee- ..m). [Law Latin \n\"against the spoil\"] Scots law. A real action for the \nrecovery of stolen movable property. \ncontra tabulas. See BONORUM POSSESSIO CONTRA \nTABULAS. \ncontravene (kon-tr .. -veen), vb. l. To violate or infringe; \nto defy <the soldier contravened the officer's order, and \nthen went AWOL>. 2. To come into conflict with; to be \ncontrary to <the court held that the regulation contra\nvenes public policy>. \ncontravening equity. See EQUITY. \ncontravention (kon-tr~-ven-shan). l. An act violating a \nlegal condition or obligation; esp., an entail heir's act \nthat conflicts with the entail provision. 2. French law. A \ncriminal breach ofa law, treaty, or agreement; a minor \nviolation of the law. - A contravention is traditionally \npunishable bypeines de police, usu. a fine not exceeding \n15 francs and imprisonment not exceeding three days. \nSee public-welfare offense under OFFENSE (1). \n\"We might get [terminological] help from the practice of \nContinental Europe in which three classes of punishable \noffenses are maintained crimes, delicts, and contraven\ntions. The last word is used for those minor violations of \nregulations, all of them necessary enough for public safety \nand convenience, which are so numerous and so detailed \nin our lives. It is a convenient term and is widely used in \nthe United States forjust such acts, but it has not yet been \nmade official. The Continental practice has the advantage \nof using the word crimes only for really serious offenses, \nwhich is in conformity with popular feeling on the subject.\" \nMax Radin. The Law and You 92 (1948). \n3. Scots law. An action brought for breach of a peace \nbond. See LAWBURROWS. 4. Hist. Scots law. An act com\nmitted in violation of a legal condition or obligation, \nesp. one done contrary to a deed by an heir to an entail\nment. \n"}
{"text": "of a legal condition or obligation, \nesp. one done contrary to a deed by an heir to an entail\nment. \ncontrectatae (kon-trek-tay-tee). [Latin \"things meddled \nwith\"] Scots law. Things that a person (such as a thief) \neither improperly used or tampered with. \ncontrectatio (kon-trek-tay-shee-oh), n. [fro Latin con\ntrectare \"to touch or handle\"] Hist. The act of laying \nhands on another's property with the intent oftaking, \nmisappropriating, or misusing it. -This term implied a \ngreater culpability than simply taking property without \nthe owner's permission and, under Roman law, was an \nelement of theft (furtum). PI. contrectationes (kon\ntrek-tay-shee-oh-neez). \ncontributing cause. See CAUSE (1). \ncontributing to the delinquency ofa minor. (1913) The \noffense of an adult's engaging in conduct involving a \nminor or in the presence ofa minor likely to result \nin delinquent conduct. _ Examples include encourag\ning a minor to shoplift, enabling underage drinking, \nand soliciting sex for money. Often shortened to con\ntributing to delinquency. See JUVENILE DELINQUENCY. \nCf. IMPAIRING THE MORALS OF AMINOR. [Cases: Infants \n~13.] \ncontributio lucri et damni (kon-tri-byoo-shee-oh \nloo-krr et dam-m). [Latin] Scots law. Distribution of or \n\nsharing in profit and loss. -The phrase referred to one \ntest for determining whether a partnership existed. \ncontribution. (14c) 1. The right that gives one ofseveral \npersons who are liable on a common debt the ability to \nrecover proportionately from each of the others when \nthat one person discharges the debt for the benefit of all; \nthe right to demand that another who is jointly respon\nsible for a third party's injury supply part of what is \nrequired to compensate the third party. Also termed \nright ofcontribution. [Cases: Contribution 1-6.] \n2. One tortfeasor's right to collect from joint tortfea\nsors when -and to the extent that -the tortfeasor \nhas paid more than his or her proportionate share \nto the injured party, the shares being determined as \npercentages of causal fault. [Cases: Contribution C:=\n5-7.] 3. The actual payment by a joint tortfeasor of a \nproportionate share of what is due. Cf. INDEMNITY. 4. \nMaritime law. A share ofthe loss resulting from a ship's \nsacrifice ofcargo, payable by each party whose property \nwas spared to the party whose property was sacrificed. \n5. WAR CONTRIBUTION. \ncontribution agreement. See SUPPORT AGREEMENT. \ncontribution bar. Preclusion ofa defendant having con\ntribution rights against other defendants, who have \nsettled their dispute with the plaintiff, from seeking \ncontribution from them. -The bar is usu. allowed in \nexchange for a credit against any judgment the plain\ntiff obtains against the nonsettling defendant. [Cases: \nContribution l~8.] \ncontribution clause. See COINSURANCE CLAUSE. \ncontributione facienda (kon-tri-byoo-shee-oh-nee fay\nshee-en-d;)). [Latin \"writ for making contribution] \nHist. A writ to compel a tenant in common to con\ntribute to a fellow tenant who has paid more than the \ntenant's share of a sum for which all the tenants are \nliable. \n\"Contributione {acienda is a writ that lieth in case where \nmore are bound to one thing, & one is put to the whole \nburden.... If tenents in comon or joynt, hold a mill (pro \nindiviso) & equally take the profits therof, the mill falling to \ndecay, &one or more of them refusing to contribute toward \nthe reparation therof, the rest shall have this writ ....\" John \nCowell, The Interpreter (1607). \ncontribution margin. The difference between a product's \nselling price and its variable production costs. -The \ncontribution margin measures the amount of funds \navailable tor profit and payment of fixed costs. \ncontributory (bn-trib-y;>-tor-ee), adj. (15e) 1. Tending \nto bring about a result. 2. (Of a pension fund) receiving \ncontributions from both the employer and the employ\nees. [Cases: Labor and Employment C:=-500.] \ncontributory, n. (ISe) 1. One who contributes or who has \na duty to contribute. 2. A contributing factor. 3. Rist. A \nperson who, as a result ofbeing or representing a past or \npresent member ofa corporation, is liable to contribute \nto the corporation's debts upon its winding up. \ncontributory infringement. See INFRINGEMENT. \ncontributory negligence. See NEGLIGENCE. contributory-negligence doctrine. (1911) Torts. The \nprinciple that completely bars a plaintiff's recovery if \nthe damage suffered is partly the plaintiffs own fault. \n-Most states have abolished this doctrine and have \nadopted instead a comparative-negligence analysis. See \nFAULT; NEGLIGENCE. Cf. COMPARATIVE-NEGLIGENCE \nDOCTRINE. [Cases: Negligence \ncontributory pension plan. See PENSION PLAN. \ncontrol, n. (16c) The direct or indirect power to govern \nthe management and policies of a person or entity, \nwhether through ownership of voting securities, \nbv contract, or otherwise; the power or authority to \n~anage, direct, or oversee <the principal exercised \ncontrol over the agent>. \nsuperintending control. The general supervisory \ncontrol that a higher court in a jurisdiction has over \nthe administrative affairs of a lower court within that \njurisdiction. [Cases: Courts C:=-204.] \nworking control. The effective control ofa corporation \nby a person or group who owns less than 50% of the \nstock. [Cases: Corporations C:=-174.J \ncontrol, vb. (ISc) 1. To exercise power or influence over \n<the judge controlled the proceedings>. 2. To regulate \nor govern <by law, the budget office controls expen\nditures>. 3. To have a controlling interest in <the five \nshareholders controlled the company>. \ncontrol group. (1937) The persons with authority to \nmake decisions on a corporation's behalf. \ncontrol-group test. (1969) A method of determining \nwhether the attorney-client privilege protects com\nmunications made by corporate employees, by provid\ning that those communications are protected only if \nmade by an employee who is a member of the group \nwith authority to direct the corporation's actions as \na result of that communication. -The U.S. Supreme \nCourt rejected the control-group test in Upjohn Co. \nv. United States, 449 U.S. 383, 101 S.Ct. 677 (1981). Cf. \nSUBJECT-MATTER TEST. [Cases: Privileged Communica\ntions and Confidentiality C;::, 123.] \ncontrolled company. See COMPANY. \ncontrolled corporate groups. See CONTROLLED GROUP. \ncontrolled corporation. See CORPORATION. \ncontrolled debate. See DEBATE. \ncontrolled foreign corporation. See CORPORATION. \ncontrolled group. Tax. Two or more corporations whose \nstock is substantially held by five or fewer persons. \nThe Internal Revenue Code subjects these entities \n(such as parent-subsidiary or brother-sister groups) \nto special rules for computing tax liability. IRC (26 \nUSCA)  851(c)(3), 1S63(a). -Also termed controlled \ncorporate groups. [Cases: Internal Revenue G--:;) 3633, \n3870-3880.] \ncontrolled-securities-offering distribution. See securi\nties-offering distribution (l) under DISTRIBUTION. \ncontrolled substance. (1970) Any type of drug whose \npossession and use is regulated by law, including a \n\nnarcotic, a stimulant, or a hallucinogen. See DRUG. \n[Cases: Controlled Substances 0=='9.] \ncontrolled-substance act. (1970) A federal or state \nstatute that is designed to control the distribution, clas\nsification, sale, and use ofcertain drugs. -Most states \nhave enacted these laws, which are usu. modeled on the \nUniform Controlled Substances Act. [Cases: Controlled \nSubstances \ncontrolled time. See controlled debate under DEBATE. \ncontroller. See COMPTROLLER. \ncontrolling interest. See INTEREST (2). \ncontrolling. person. See CONTROL PERSON. \ncontrolling shareholder. See SHAREHOLDER. \ncontrol person. Securities. A person who has actual \ncontrol or Significant influence over the issuer ofsecu\nrities, as by directing corporate policy. -'The control \nperson is subject to many of the same requirements \napplicable to the sale ofsecurities by the issuer. Also \ntermed controlling person. [Cases: Securities Regulation \n0=='35.15, 60.40.J \n\"[Tlhe question ofwho is a control person is highly factual \nand is not dependent upon ownership of any specific \npercentage. For example, it has been held that someone \nowning eight percent of a company's stock was not a \ncontrol person ....\" I Thomas Lee Hazen, The Law of \nSecurities Regulation  4.24, at 279 (3d ed. 1995). \ncontrol premium. See PREMIUM (3). \ncontrol stock. Stock belonging to a control person at \nthe time of a given transaction. -Also termed control \nshares. \ncontrol test. See IRRESISTIBLE-IMPULSE TEST. \ncontrol theory. (1949) The theory that people will en \nin criminal behavior unless certain personally \nsocial controls (such as a strong investment in con\nventional, legitimate activities or a belief that criminal \nbehavior is morally wrong) are in place to prevent \nthem from doing so. Cf. ROUTINE-ACTIVITIES THEORY; \nRATIONAL-CHOICE THEORY; STRAIN THEORY. \ncontrol-your-kid law. See PARENTAL-RESPONSIBILITY \nSTATUTE. \ncontrover (kan-troh-var). Hist. A person who concocts \nfalse news. \ncontroversy. (14c) 1. A disagreement or a dispute, esp. \nin public. 2. A justiciable dispute. \npublic controversy. A controversy involving issues \nthat are debated publicly and that have substantial \nramifications for persons other than those engaged \nin it. - A participant in a public controversy may be \ndeemed a public figure for purposes of a defamation \nsuit arising from the controversy. See PUBLIC FIGURE. \n[Cases: Libel and Slander (...--=-48(1).] \n\"The nature and extent of an individual's involvement in \na public controversy is determined by three factors: (1) \nthe extent to which participation in it is voluntary; (2) the \nextent to which there is access to channels of effective \ncommunication in order to counteract false statements; \nand (3) the prominence of the role played in the public controversy.\" 50 Am. Jur. 2d Libel and Slander  75, at \n390 (1995). \nseparable controversy. (1881) A claim that is separate \nand independent from the other claims being asserted \nin a suit. _ This term is most often associated with \nthe statute that permits an entire case to be removed \nto federal court if one of the claims, being separate \nand independent from the others, presents a federal \nquestion that is within the jurisdiction ofthe federal \ncourts. 28 USCA  144l(c). [Cases: Removal ofCases \n(;::::48-61.] \n3. Constitutional law. A case that requires a definitive \ndetermination of the law on the facts alleged for the \nadjudication of an actual dispute, and not merely a \nhypothetical, theoretical, or speculative legal issue. \nAlso termed (in senses 2 & 3) actual controversy. See \nCASE-OR-CONTROVERSY REQUIREMENT. [Cases: Action \nFederal Courts 0==' 12.1.] \n\"What is a 'case or controversy' that is justiciable in the \nfederal courts? The answer of Chief Justice Hughes is \nclassic if cryptic. He said: 'A controversy in this sense must \nbe one that is appropriate for judicial determination. A \njusticiable controversy is thus distinguished from a differ\nence or dispute of a hypothetical character; from one that \nis academic or moot. The controversy must be definite and \nconcrete, touching the legal relations of parties having \nadverse legal interests. It must be a real and substantial \ncontroversy admitting of specific relief through a decree \nof a conclusive character, as distinguished from an opinion \nadVising what the law would be upon a hypothetical state of \nfacts.' [Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 240-41, \n57 S.Ct. 461,464 (1937) (Hughes, CJ.).] Unfortunately, this \ndefinition, though often quoted, turns upon labels that \nthe Court had used in the past to describe cases before \nit, and the labels themselves are 'elastiC, inconstant, and \nimprecise.'\" Charles Alan Wright, The Law ofFederal Courts \n 12, at 60-61 (5th ed. 1994). \ncontrovert (kon-tra-vart or kon-tra-v3rt), vb. (16c) To \ndispute or contest; esp., to deny (as an allegation in \na pleading) or oppose in argument <the allegations \nin Peck's pleadings were never adequately contro\nverted>. \ncontubernium (kon-t[y]uu-bar-nee-am). [Latin] Roman \nlaw. A marriage-like union between slaves . Contu\nbernium was recognized in the United States. Before \nslavery was abolished, only one Southern court gave a \nmarriage between slaves legal effect upon manumis\nsion. See Girod v. Lewis, 6 Mart. (O.S.) 559, 559-60 (La. \n1819). In 1825, the Louisiana legislature passed a law \nexpressly making such marriages invalid. \n\"No such thing as marriage among slaves was, or could be, \nrecognized by the law. As slaves were"}
{"text": "marriages invalid. \n\"No such thing as marriage among slaves was, or could be, \nrecognized by the law. As slaves were wholly subject to the \ndisposal of their masters, no unions having the character of \npermanence or sacredness could exist among them: such \na union, if it existed, would abridge the master's power \nof absolute control. Among slaves there could only be \ncontubernium, cohabitation of the sexes for a longer or \nshorter time, but no legal matrimonium.\" James Hadley, \nIntroduction to Roman Law 111 (1881). \n\"There was ... among slaves a permitted cohabita\ntion called contubernium, but it brought with it no civil \nri9htS .... [C]ohabitation, ... in a state of slavery, was not \nmarriage, or evidence of marriage. It conferred no rights \nupon the offspring, and created no legal disabilities on the \npart of the father from forming a valid marriage, whenever \n\nhe became in a condition which would authorize him to \ncontract one.\" Adrienne D. Davis, The Private Law of Race \nand Sex: An Antebellum Perspective, 51 Stan. l. Rev. 221, \n245 (1999). \ncontumace capiendo. See DE CONTUMACE CAPIENDO. \ncontumacious conduct. See CONDUCT. \ncontumacy (kon-t[y]uu-mCl-see), n. (ISc) Contempt of \ncourt; the refusal ofa person to follow a court's order \nor direction. See CONTEMPT. [Cases: Contempt \n1-26.] contumacious, adj. \ncontumax. Hist. 1. A person found to be in contempt of \ncourt. 2. A person who is accused ofa crime but refuses \nto appear and answer the charge. \ncontumelious (kon-t[yJoo-mee-lee-Cls), adj. Insolent, \nabusive, spiteful, or humiliating. \ncontumely (kon-t[y]uu-md-Iee or bn-t[y]oo-mCl-Iee), n. \nInsulting language or treatment; scornful rudeness. \ncontutor (bn-t[y]oo-tClr), n. [Latin] Roman law. A \ncoguardian of a ward . Appointment as a coguard\nian could be accomplished by testament or by court \norder. \nconubium (b-n[y]oo-bee-Clm), n. [fro Latin con \"together\" \n+ nubere \"to marry\"] Roman law. 1. The legal capacity \nto wed. 2. The collection of rights that accompany a \nmarriage between persons who have the capacity to \nmarry. -Also spelled connubium. -Also termed jus \nconnubii. See CONCUBINATUS; JUSTAE NUPTIAE. \n\"The word connubium denotes properly the right to inter\nmarry with Roman citizens; and hence to contract a Roman \nmarriage, according to the peculiar forms and with the \npeculiar incidents and effects of marriage between Roman \ncitizens. Chief among these incidents or effects was the \npatria potestas, or lifelong control of the father over his \nchildren, which, as we shall soon see, was among the most \nremarkable peculiarities ofthe Roman system. In general, \nconnubium embraces the peculiar rights of Roman citizens, \nso far as they pertain to family relations.\" James Hadley, \nIntroduction to Roman Law 116 (1881). \nconusance (kon-Yd-zClnts). Hist. 1. Cognizance; juris\ndiction . The word con usance is actually an archaic \nform of cognizance. See COGNIZANCE (1); CLAIM OF \nCOGNIZANCE. 2. JUDICIAL NOTICE. 3. An acknowledg\nment (of a debt, act, or opposing claim) . Examples of \nconusance include an acknowledgment in replevin that \nthe defendant took the sued-for goods, or an acknowl\nedgment in a land transfer (by fine) that the grantee is \nentitled to the land. See FINE (1). \nconusant (kon-Yd-zdnt), adj. (Of a person) having cog\nnizance or knowledge. See COGNIZA~CE. \nconusee (kon-Yd-zee). See COGNIZEE. \nconusor (kon-Yd-zdr or -zor). See COGNIZOR. \nconvene, vb. (ISc) 1. To call together; to cause to assemble. \n2. Eccles. law. To summon to respond to an action. See \nCONVENTIO (1). \n\"When the defendant was brought to answer, he was said \nto be convened, which the canonists called conventio, \nbecause the plaintiff and defendant met to contest.\" 1 John \nBouvier, Bouvier's Law Dictionary 668 (8th ed. 1914). \n3. Civil law. To bring an action. convenience account. See ACCOUNT. \nconvening authority. Military law. An officer (usu. a \ncommanding officer) with the power to convene, or \nwho has convened, a court-martial. [Cases: Military \nJustice 1380.] \nconvening order. Military law. An instrument that \ncreates a court-martial. _ 'fhe convening order speci\nfies (1) the type ofcourt-martial and its time and place, \n(2) the names of the members and the trial and defense \ncounsel, (3) the name of the military judge, if one has \nbeen detailed, and (4) if necessary, the authority by \nwhich the court-martial has been convened. [Cases: \nMilitary Justice C:~'879.1.1 \nconventicle (bn-ven-tCl-bl). [fro Latin conventiculum \n\"small assembly\"] 1. An assembly of a clandestine \nor unlawful character. 2. An assembly for religious \nworship; esp., a secret meeting for worship not sanc\ntioned by law. 3. A place where such meetings are \nheld. \nconventio (kdn-ven-shee-oh). [ff. Latin convenire \"to \ncome together\"] 1. Eccles. law. The act of convening \nthe parties to an action by summoning the defendant. \n2. Hist. An agreement or convention; an agreement \nbetween two or more persons respecting a legal relation \nbetween them. See CONVENTION (1). \n\"Conventio is a word much used both in Ancient and \nModern Lawpleadings, for an Agreement or Covenant.\" \nThomas Blount, Nomo-Lexicon: A Law-Dictionary(1670). \nconvention. (ISc) 1. An agreement or compact, esp. \none among nations; a multilateral treaty <the Geneva \nConvention>. See TREATY. [Cases: Treaties 2. A \nspecial deliberative assembly elected for the purpose of \nframing, revising, or amending a constitution. -Also \ntermed constitutional convention. See CONSTITUTION \n(1). [Cases: Constitutional Law 535.] 3. An \nassembly or meeting ofmembers belonging to an orga\nnization or having a common objective <an ABA con\nvention>. -Also termed conference. 4. Parliamentary \nlaw. A deliberative assembly that consists of delegates \nelected or appointed from subordinate or constituent \norganizations within a state or national organization, \nor elected directly from the organization's member\nship or from defined geographic or other constituen\ncies into which the membership is grouped, and that \nusu. exercises the organization's highest policymak\ning authority <a national political convention>. \nAlso termed assembly; congress; convocation; delegate \nassembly; general assembly. See HOUSE OF DELEGATES. \n5. Parliamentary law. A session ofa convention (sense \n4), consisting ofa series ofconsecutive meetings sepa\nrated by short recesses or adjournments, often during \na convention (sense 3) that includes educational and \nsocial programs for the benefit ofdelegates and other \nmembers. 6. A generally accepted rule or practice; \nusage or custom <the court dispensed with the con\nvention ofhaving counsel approach the bench>. \nconventional, \t adj. 1. Customary; orthodox; tradi\ntional <conventional motion practice>. 2. Depending \non, or arising from, the agreement ofthe parties, as \n\ndistinguished from something arising by law <conven\ntional subrogation>. 3. Arising by treaty or convention \n<conventional international law>. \nconventional custom. See CUSTOM. \nconventional interest. See INTEREST (3). \nconventionalism. (1837) A jurisprudential conception of \nlegal practice and tradition holding that law is a matter \nof respecting and enforcing legal and social rules. \n\"Conventionalism makes two postinterpretive, directive \nclaims. The first is positive: that judges must respect the \nestablished legal conventions of their community except \nin rare circumstances, It insists, in other words, that they \nmust treat as law what convention stipulates as law. Since \nconvention in Britain establishes that acts of Parliament \nare law, a British judge must enforce even acts of Parlia\nment he considers unfair or unwise, This positive part of \nconventionalism most plainly corresponds to the popular \nslogan that judges should follow the law and not make new \nlaw in its place. The second claim, which is at least equally \nimportant, is negative_ It declares that there is no law no \nright flowing from past political decisions -apart from \nthe law drawn from those decisions by techniques that are \nthemselves matters of convention, and therefore that on \nsome issues there is no law either way.\" Ronald Dworkin, \nLaw's Empire 116 (1986), \nconventionallaw. (17c) A rule or system ofrules agreed \non by persons for the regulation oftheir conduct toward \none another; law constituted by agreement as having \nthe force of special law between the parties, by either \nsupplementing or replacing the general law ofthe land, \n The most important example is conventional inter\nnational law, but there are many lesser examples such \nas rules and regulations of a country club or profes\nsional association, or the rules of golf, basketball, or \nany other game. -Also termed (in international law) \ntreaty-made law; treaty-created law; treaty law. See \nCONVENTION (1). \nconventional lien. See LIEN. \nconventional loan. See conventional mortgage under \nMORTGAGE. \nconventional mortgage. See MORTGAGE. \nconventional obligation. See OBLIGATION. \nconventional remission. See REMISSION. \nconventional sequestration. See SEQlJESTRATION. \nconventional servitude, See SERVITlJDE (2). \nconventional subrogation. See SUBROGATION. \nConvention application. See PATENT APPLICATION. \nconventione (bn-ven-shee-oh-nee). [Latin] Rist. A \nwrit for the breach of a written covenant . This writ \nwas often used when parties wished to convey land by \nfine. Also termed writ ofcovenant. See FINE (1). \nConvention for the European Patent for the Common \nMarket. See COMMUNITY PATENT CONVENTION. \nConvention for the Protection ofPerformers, Produc\ners ofPhonograms, and Broadcasting Organizations. \nSee ROME CONVENTION ON RELATED RIGHTS. \nConvention for the Protection of Producers ofPhono\ngrams Against Unauthorized Duplication of Their Phonograms. See GENEVA PHONOGRAMS CONVEN\nTION. \nConvention on the Grant of European Patent. See \nEUROPEAN PATENT CONVENTION. \nConvention Relating to the Distribution of Program\nCarrying Signals Transmitted by Satellite. See \nBRUSSELS SATELLITE CONVENTION. \nconventus (km-ven-t<ls), n. [Latin] 1. An assembly . \nConventus magnatum vel procerum (\"the assembly of \nthe nobles\") was an ancient name for Parliament. 2. \nCONVENTUS JURIDICUS. PL conventus. \nconventus juridicus (bn-ven-t<ls juu-rid-i-bs). [Latin \n\"judicial assembly\"] Roman law. A court session held \nby a provincial governor in the leading cities of the \nprovince. Sometimes shortened to conventus. \nconverse-Erie doctrine. See REVERSE-ERIE DOCTRINE. \nconversion, n. (I4c) 1. The act of changing from one form \nto another; the process ofbeing exchanged. \nequitable conversion. A change in the nature of \nproperty so that real property is treated as personal \nproperty, or vice versa, in certain circumstances. \nEquitable conversion is based on the maxim that \nequity regards as done that which ought to be done. \nThe most common situation involves transferring real \nproperty as the parties to a contract intended before \nthe seller experienced a change in circumstances, \nsuch as marriage or death, that could affect the prop\nerty's ownership. When a contract is made, the buyer \nacquires equitable title to the property, and the seller \nretains legal title. But the seller's interest is treated as \none in personal property rather than in real property \nbecause the seller's true interest is in the proceeds \n(usu. personal property such as cash); the legal title \nis security for the buyer's payment. Courts usu. apply \nthe doctrine ofequitable conversion to recognize the \ntransfer ofequitable title, including the right of pos\nsession, to the buyer when the contract was signed. \nThe buyer then acquires legal title by performing \nunder the contract. [Cases: Conversion (;=>1.] \nforced conversion. The conversion of a convertible \nsecurity, after a call for redemption, when the value \nof the security that it may be converted to is greater \nthan the amount that will be received ifthe holder \npermits the security to be redeemed. \n2. Tort & criminal law. The wrongful possession or dis\nposition of another's property as if it were one's own; \nan act or series of acts of willful interference, without \nlawful justification, with an item of property in a \nmanner inconsistent with another's right, whereby that \nother person is deprived of the use and possession of \nthe property. [Cases: Trover and Conversion \nconvert, vb. conversionary, adj. \n\"There are three distinct methods by which one man may \ndeprive another of his property, and so be guilty of a con\nversion and liable in an action for trover (l) by wrongly \ntaking it, (2) by wrongly detaining it, and (3) by wrongly \ndisposing of it. The term conversion was originally limited \nto the third of these cases. To convert goods meant to \ndispose of them, or make away with them, to deal with \n\n382 conversionary act \nthem, in such a way that neither owner nor wrongdoer had \nany further possession of them: for example, by consum \ning them, or by destroying them, or by selling them, or \notherwise delivering them to some third person. Merely \nto take another's goods, however wrongfully, was not to \nconvert them. Merely to det"}
{"text": "to some third person. Merely \nto take another's goods, however wrongfully, was not to \nconvert them. Merely to detain them in defiance of the \nowner's title was not to convert them. The fact that con \nversion in its modern sense includes instances of all three \nmodes in which a man may be wrongfully deprived of his \ngoods, and not of one mode only, is the outcome of a \nprocess of historical development whereby, by means of \nlegal fictions and other devices, the action of trover was \nenabled to extend its limits and appropriate the territories \nthat rightly belonged to other and earlier forms of action.\" \nR.F.V. Heuston, Salmond on the Law of Torts 94 (17th ed. \n1977). \n\"By conversion of goods is meant any act in relation to \ngoods which amounts to an exercise of dominion over \nthem, inconsistent with the owner's right of property. It \ndoes not include mere acts of damage, or even an aspor \ntation which does not amount to a denial of the owner's \nright of property; but it does include such acts as taking \npossession, refusing to give up on demand, disposing of \nthe goods to a third person, or destroying them.\" William \nGeldart, Introduction to English Law 143 (D.C.M. Yardley \ned., 9th ed. 1984). \nconstructive conversion. Conversion consisting of an \naction that in law amounts to the appropriation of \nproperty. Constructive conversion could be, for \nexample, an appropriation that was initially lawful. \n[Cases: Trover and Conversion (>6.] \nconversion by detention. Conversion by detaining \nproperty in a way that is adverse to the owner or other \nlawful possessor . The mere possession of property \nwithout title is not conversion. The defendant must \nhave shown an intention to keep it in defiance of the \nowner or lawful possessor. [Cases: Trover and Con\nversion (;:::>6.] \nconversion by estoppel. A judicial determination that a \nconversion has taken place -though in truth one has \nnot -because a defendant is estopped from offering \na defense . This occurs, for example, under the tra\nditional rule that a bailee is estopped from denying \nthe bailor's title even if the bailor has no title to the \nchatteL \nconversion by taking. Conversion by taking a chattel \nout ofthe possession ofanother with the intention of \nexercising a permanent or temporary dominion over \nit, despite the owner's entitlement to use it at all times. \n[Cases: Trover and Conversion 11.] \nconversion by wrongful delivery. Conversion by \ndepriving an owner ofgoods by delivering them to \nsomeone else so as to change the possession. [Cases: \nCarriers C=,93.] \nconversion by wrongful destruction. Conversion by \nwillfully consuming or otherwise destroying a chattel \nbelonging to another person. [Cases: Trover and Con\nversion C=,12.) \nconversion by wrongful disposition. Conversion by \ndepriving an owner of goods by giving some other \nperson a lawful title to them. [Cases: Trover and Con\nversion direct conversion. The act of appropriating the property \nof another to one's own benefit, or to the benefit of a \nthird person . A direct conversion is per se unlawful, \nand the traditional requirements of demand and \nrefusal of the property do not apply. [Cases: Trover \nand Conversion (>3-5.] \nfraudulent conversion. Conversion that is committed \nby the use of fraud, either in obtaining the property \nor in withholding it. [Cases: Trover and Conversion \n7.] \ninnocent conversion. See technical conversion. \ninvoluntary conversion. The loss or destruction of \nproperty through theft, casualty, or condemnation. \nnegligent conversion. See technical conversion. \ntechnical conversion. The taking of another's personal \nproperty by one who acts in good faith and mistak\nenly believes that he or she is lawfully entitled to the \nproperty. Also termed innocent conversion; negli\ngent conversion. \nconversionary act. See ACT. \nconversion divorce. See DIVORCE. \nconversion premium. Securities. The surplus at which a \nsecurity sells above its conversion price. \nconversion price. Securities.lhe contractually specified \nprice per share at which a convertible security can be \nconverted into shares ofcommon stock. \nconversion ratio. 1. The number of common shares into \nwhich a convertible security may be converted. 2. The \nratio of the face amount of the convertible security to \nthe conversion price. \nconversion rule. See SPECIFIC-PURPOSE RULE. \nconversion security. See SECURITY. \nconversion statute. A law under which a state official \nor court oversees the sale or transfer of control of an \norganization in order to protect public assets. \nconversion value. A convertible security's value as \ncommon stock.  For example, a bond that can be \nconverted into ten shares of stock worth $40 each has \na conversion value of$400. See BOND CONVERSION. \nconverter, n. One who wrongfully possesses or disposes \nofanother's property; esp., one who engages in a series \nof acts ofwillful interference, without lawful justifica\ntion, with an item of property in a manner inconsis\ntent with another's right, whereby that other person \nis deprived of the use and possession of the property. \n[Cases: Trover and Conversion \ninnocent converter. A person who takes another's \nchattel tortiously but in good faith and without \nknowledge that he or she has no entitlement to it. \nconvertible arbitrage. See kind arbitrage under ARBI\nTRAGE. \nconvertible bond. See BOND (3). \nconvertible collision insurance. See INSURANCE. \nconvertible debenture. See DEBENTURE. \n\nconvertible debt. 1. See DEBT. 2. See convertible security \nunder SECURITY. \nconvertible divorce. See conversion divorce under \nDIVORCE. \nconvertible insurance. See INSURANCE. \nconvertible security. See SECURITY. \nconvertible stock. See convertible security under \nSECURITY. \nconvertible subordinated debenture. See DEBENTURE. \nconvey, vb. (14c) To transfer or deliver (something, such \nas a right or property) to another, esp. by deed or other \nwriting; esp., to perform an act that is intended to create \none or more property interests, regardless of whether \nthe act is actually effective to create those interests. \nconveyance (bn-vay-ants), n. (iSc) 1. The voluntary \ntransfer ofa right or of property. \nabsolute conveyance. A conveyance in which a right \nor property is transferred to another free of condi\ntions or qualifications (Le., not as a security). Cf. con\nditional conveyance. \nconditional conveyance. A conveyance that is based \non the happening of an event, usu. payment for the \nproperty; a mortgage. Cf. absolute conveyance. \nderivative conveyance. See secondary conveyance. \ninnocent conveyance. Hist. A leaseholder's conveyance \nofthe leaseholder's property interest that is, some\nthing less than a fee simple. The conveyance is of \nan equitable interest. [Cases: Landlord and Tenant \n(;=74.] \nmesne conveyance (meen). An intermediate convey\nance; one occupying an intermediate position in the \nchain oftitle between the first grantee and the present \nholder. \noriginal conveyance. See primary conveyance. \npresent conveyance. A conveyance made with the \nintent that it take effect at once rather than in the \nfuture. \nprimary conveyance. A conveyance that creates an \nestate. Examples of primary conveyances include \nfeoffment, gift, grant, lease, exchange, and parti\ntion. -Also termed original conveyance. Cf. second\nary conveyance. \n\"Of conveyances by the common law, some may be called \noriginal, or primary conveyances; which are those by \nmeans whereof the benefit or estate is created or first \narises: others are derivative or secondary; whereby the \nbenefit or estate, originally created, is enlarged, restrained, \ntransferred, or extinguished.\" 2 William Blackstone, Com\nmentaries on the Laws ofEngland 309 (1766). \nsecondary conveyance. A conveyance that follows an \nearlier conveyance and that serves only to enlarge, \nconfirm, alter, restrain, restore, or transfer the interest \ncreated by the primary conveyance. Also termed \nderivative conveyance; derivative deed. Cf. primary \nconveyance. voluntary conveyance. A conveyance made without \nvaluable consideration, such as a deed in favor of a \nrelative. \n2. The transfer of a property right that does not pass \nby delivery of a thing or merely by agreement. 3. The \ntransfer ofan interest in real property from one living \nperson to another, by means of an instrument such as \na deed. 4. The document (usu. a deed) by which such \na transfer occurs. [Cases: Deeds (;=3.] 5. A means of \ntransport; a vehicle. 6. Bankruptcy. A transfer of an \ninterest in real or personal property, including an \naSSignment, a release, a monetary payment, or the \ncreation of a lien or encumbrance. -Also termed (in \nsense 6) bond for deed. See FRAUDULENT CONVEYANCE; \nPREFERENTIAL TRANSFER. \nconveyancer (bn-vay-an-s<lr). (17c) A lawyer who spe\ncializes in real-estate transactions . In England, a \nconveyancer is a solicitor or licensed conveyancer who \nexamines title to real estate, prepares deeds and mort\ngages, and performs other functions relating to the \ntranster of real property. \nconveyancing (kan-vay-an-sing). (17c) The act or business \nofdrafting and preparing legal instruments, esp. those \n(such as deeds or leases) that transfer an interest in real \nproperty. \n\"Conveyancing is the art or science of preparing documents \nand investigating title in connection with the creation and \nassurance of interests in land. Despite its connection with \nthe word 'conveyance', the term in practice is not limited to \nuse in connection with old system title but is used without \ndiscrimination in the context of all types of title.\" Peter \nButt, Land Law 7 (2d ed. 1988). \n\"Conveyancing may be regarded as the application of the \nlaw of real property in practice.\" Robert E. Megarry & M.P. \nThompson, A Manual ofthe Law ofReal Property 125 (6th \ned.1993). \nconveyancing counseL English law. Three to six lawyers \nwho are appointed by the Lord Chancellor to assist \nthe High Court of Justice with opinions in matters \nof property titles and conveyancing. Also termed \nconveyancing counsel ofthe Supreme Court; (formerly) \nconveyancing counsel to the Court ofChancery. \nconveyee (kan-vay-ee). (ISc) One to whom property is \nconveyed. \nconveyor (k<ln-vay-af or -or). (16c) One who transfers or \ndelivers title to another. \nconviciandi animo (kan-vish-ee-an-dI an-<l-moh). \n[Latin] Hist. With the intention of insulting; with the \nintention of bringing into contempt. \nconvicium (bn-vish-ee-am), n. [Latin] Roman law. \nReproach, abuse, revilement, or clamor directed at a \nperson. \nconvict (kon-vikt), n. (15c) A person who has been found \nguilty of a crime and is serving a sentence of confine\nment for that crime; a prison inmate. [Cases: Convicts \n(;=20.] \nconvict (kan-vikt), vb. (ISc) To find (a person) guilty ofa \ncriminal offense upon a criminal trial, a plea ofguilty, \nor a plea of nolo contendere (no contest). \n\nconvicted felon. See FELON. \nconviction (kan-vik-shan), n. 1. The act or process of \njudicially finding someone guilty of a crime; the state \nof having been proved guilty. [Cases: Criminal Law \n<.r~977(5).J 2. The judgment (as by a jury verdict) \nthat a person is guilty of a crime. 3. A strong belief or \nopinion. \nabiding conviction. A settled conviction; a definite \nconviction based on a thorough examination ofthe \ncase. \nsummary conviction. A conviction of a person for a \nviolation or minor misdemeanor as the result ofa trial \nbefore it magistrate sitting without a jury. \nconviction rate. (1928) Within a given area or for a \ngiven time, the number ofconvictions (including plea \nbargains) as a percentage ofthe total number ofpros\necutions undertaken. \nconvivium (kan-viv-ee-am). [Latin \"banquet\"] Hist. \nTenure that binds the tenant to provide meat and drink \nfor the lord at least once a year. \nconvocation. 1. CONVENTION (4). 2. See call to order \nunder CALL (1). 3. See provincial synod under SYNOD. \nconvoy, n. A group of vehicles or vessels traveling \ntogether for safety, esp. with armed escorts. 1he term \nalso applies figuratively to groups traveling together for \nconvenience. -convoy, vb. \nCOO. abbr. CHIEF OPERATING OFFICER. \nco-obligee. One of two or more persons to whom an \nobligation is owed. See OBLIGEE. \nco-obligor. 1. One of two or more persons who have \nundertaken an obligation. See OBLIGOR. 2. A person \nwho is under a duty of contribution. See CONTRIBU\nTION (1). \ncool blood. (17c) Criminal law. In the law ofhomicide, \na condition in which the defendant's emotions are not \nin such an excited state that they interfere with his or \nher faculties and reason. -Also termed cool state of \nblood. See COLD BLOOD. Cf. HEAT OF PASSION. [Cases: \nHomicide ~669.J \nCooley doctrine. (1936) Constitutional law. The principle \nthat Congress has exclusive power under the Commerce \nClause to regulate the national as well as the local \naspects of national commercial matters, and that the \nstates may regulate those aspects ofinterstate commerce \nso local in character as to require diverse treatment. \nThe Supreme Court has abandoned the Cooley doctrine \nin favor ofa balancing test for Commerce Clause cases. \nCooley v. Port Bd. of Wardens, 53 U.S. (12 How.) 299 \n(1851). (Cases: Commerce 11.] \ncooling-off period. (1913) 1. An automatic delay between \na person's taking some"}
{"text": "1.] \ncooling-off period. (1913) 1. An automatic delay between \na person's taking some legal action and the consequence \nofthat action. 2. A period during which a buyer may \ncancel a purchase. 3. An automatic delay in some states \nbetween the filing ofdivorce papers and the divorce \nhearing. 4. Securities. A period (usu. at least 20 days) \nbetween the filing ofa registration and the effective reg\nistration. 5. During a dispute, a period during which no action may be taken by either side . In labor disputes, \na statutory cooling-off period forbids employee strikes \nand employer lockouts. \ncooling time. (1874) Criminal law. Time to recover cool \nblood after great excitement, stress, or provocation, so \nthat one is considered able to contemplate, compre\nhend, and act with reference to the consequences that \nare likely to follow. See COOL BLOOD. [Cases: Homicide \n~669.J \n\"[Ojne who controls his temper time after time, follow\ning repeated acts of provocation, may have his emotion \nso bottled-up that the final result is an emotional explo\nsion .... [lJn such a case the 'cooling time' begins to run \nnot from earlier acts, but from 'the last straw.' ... As was \nthe position in regard to the adequacy ofthe provocation, \nso the early holding was that the cooling time was a matter \nof law for the court.\" Rollin M. Perkins & Ronald N. Boyce, \nCriminal Law 100 (3d ed. 1982). \ncool state ofblood. See COOL BLOOD. \nco-op. See COOPERATIVE. \ncooperation.!. An association of individuals who join \ntogether for a common benefit. 2. Patents. A unity of \naction to a common end or result, not merely joint or \nsimultaneous action. 3. Int'llaw. The voluntary coordi\nnated action oftwo or more countries occurring under \na legal regime and serving a specific objective. \ncooperation clause. Insurance. A policy provision \nrequiring that the insured assist the insurer in inves\ntigating and defending a claim. [Cases: Insurance \n3202,3204.J \ncooperative, n. (1883) 1. An organization or enterprise \n(as a store) owned by those who use its services. [Cases: \nCorporations ~3.J 2. A dwelling (as an apartment \nbuilding) owned by its residents, to whom the apart\nments are leased. -Often shortened to coop; co-op. \nCf. CONDOMINIUM (2). lCases: Landlord and Tenant \n~350.J \ncooperative adoption. See ADOPTION. \ncooperative cause. See CAUSE (1). \ncooperative corporation. See CORPORATION. \ncooperative federalism. See FEDERALISM. \ncooperativelaw. A dispute-resolution method by which \nthe parties and their attorneys agree first to use non\nadversarial strategies in an attempt to reach a binding \nagreement, with the possibility oflitigation if a settle\nment fails, typically with the same attorneys involved \nin the litigation. Cf. COLLABORATIVE LAW; MEDIATION \n(1). \nCooperative State Research, Education, and Extension \nService. An agency in the U.S. Department of Agri\nculture responsible for coordinating departmental \nresearch activities with those of academic and land\ngrant institutions. -Abbr. CSREES. \nco-opt, vb. 1. To add as a member. 2. To assimilate; \nabsorb. \nco-optation (koh-ahp-tay-shan), n. The act ofselecting a \nperson to fill a vacancy (usu. in a close corporation). \nco-optative, adj. \n\n385 \ncoordinate jurisdiction. See concurrent jurisdiction \nunder JURISDICTION. \ncoordination-of-benefits clause. See COB CLAUSE. \ncoowner, n. (1858) A person who is in concurrent owner\nship, possession, and enjoyment of property with one \nor more others; a tenant in common, a joint tenant, \nor a tenant by the entirety. [Cases: Husband and Wife \n14; Joint Tenancy C=> 1; Tenancy in Common \n1.]-coown, vb. -coownership, n. \nCOPA. abbr. CHILD ONLINE PROTECTION ACT. \ncop a plea, vb. (1914) Slang.(Of a criminal defendant) \nto plead guilty to a lesser charge as a means to avoid \nstanding trial for a more serious offense. See PLEA \nBARGAIN. \ncoparcenary (koh-pahr-s;l-ner-ee), n. (16c) An estate that \narises when two or more persons jointly inherit from \none ancestor, the title and right of possession being \nshared equally by all.  Coparcenary was a form of \ncoownership created by common-law rules ofdescent \nupon intestacy when two or more persons together con\nstituted the decedent's heirs. Typically, this situation \narose when the decedent was survived by no sons but \nby two or more daughters, so that the daughters took \nas coparceners. -Also termed parcenary; tenancy in \ncoparcenary. -coparcenary, adj. \n\"Coparcenary is converted into separate ownership (i) by \npartition, or (ii) by the union in one parcerner of all the \nshares, and it is converted into a tenancy in common if one \nparcener transfers her share to a stranger.\" G.c. Cheshire, \nModem Law of Real Property 553 (3d ed. 1933). \ncoparcener (koh-pahr-s;l-n;lr). A person to whom an \nestate descends jointly, and who holds it as an entire \nestate; a person who has become a concurrent owner \nas a result ofdescent. -Also termed parcener; (archai\ncally) coparticeps. \n\"Coparceners constitute a single heir, and they occupy a \nposition intermediate between joint tenants and tenants in \ncommon. Likejoint tenants they have unity of title, interest \nand possession; like tenants in common, their estate is not \nsubject to the doctrine of survivorship, and if there are \nthree coparceners and one dies, her share passes sepa\nrately to her heirs or devisee, not to the survivors, though \nthe unity of possession continues. It follows that unity of \ntime is not necessary to constitute coparcenary, for if a \nman has two daughters to whom his estate descends and \none dies leaving a son, such son and the surviving daughter \nwill be coparceners.\" G.c. Cheshire, Modem Law of Real \nProperty 553 (3d ed. 1933). \ncoparticeps (koh-pahr-t;l-seps). [fr. Latin particeps \n\"sharing\"] See COPARCENER. \ncopartner. A member of a partnership; PARTNER. [Cases: \nPartnership C=> 1.] \n\"Copartner need not exist alongside partner. The joint \nrelationship (i.e., that the existence of one partner implies \nthe existence of one or more other partners) is clear to all \nnative speakers of English.... Because copartner adds \nnothing to the language of the law, it should be avoided.\"' \nBryan A. Garner, A Dictionary of Modem Legal Usage 223 \n(2d ed. 1995). \ncopartnership. See PARTNERSHIP . The terms copart\nnership and partnership are equally old -each having \nfirst appeared in the 1570s. copy \ncoparty. (1906) A litigant or participant in a legal trans\naction who has a like status with another party; a party \non the same side ofa lawsuit. -Also termed joint party. \nSee CODEFENDANT; COPLAINTIFF. \ncopayment. A fixed amount that a patient pays to a \nhealthcare provider according to the terms of the \npatient's health plan. -Often shortened to copay. \n[Cases: Insurance C=>2523.] \ncopending, adj. Patents. (Of serial applications filed in \nthe same patent prosecution) before the U.S. Patent \nand Trademark Office at or near the same time and \nconcerning the same invention . A continuation or \ndivisional application that is copending with its parent \napplication benefits from the parent's earlier filing date. \n[Cases: Patents C=> 1l0.] \ncopending patent. See PATENT (3). \ncopia libelli deliberanda. See DE COPIA LIBELLI DELIBER\nANDA. \ncoplaintiff. (l8c) One of two or more plaintiffs in the \nsame litigation. -Also termed joint plaintiff. Cf. CODE\nFENDANT. \ncoprincipal. (l7c) 1. One of two or more participants in \na criminal offense who either perpetrate the crime or \naid a person who does so. [Cases: Criminal LawC=>59.] \n2. One of two or more persons who have appointed an \nagent whom they both have the right to control. \ncopulative condition. See CONDITION (2). \ncopy, n. (14c) 1. An imitation or reproduction of an \noriginal.  In the law of evidence, a copy is generally \nadmissible to prove the contents of a writing. Fed. R. \nEvid. 1003. See BEST-EVIDENCE RULE. [Cases: Criminal \nLaw C=>398(l); Evidence C=> 174.1.] \narchival copy. See ARCHIVAL COPY. \nattested copy. See certified copy. \ncertified copy. (I8c) A duplicate of an original (usu. \nofficial) document, certified as an exact reproduction \nusu. by the officer responsible for issuing or keeping \nthe original. -Also termed attested copy; exempli\nfied copy; verified copy. [Cases: Criminal Law C=>430; \nEvidence C=>338.] \nconformed copy. (1937) An exact copy of a document \nbearing written explanations of things that were not \nor could not be copied, such as a note on the document \nindicating that it was signed by a person whose signa\nture appears on the original. \nexamined copy. A copy (usu. of a record, public book, \nor register) that has been compared with the original \nor with an official record of an original. [Cases: \nCriminal Law C=>445; Evidence C=>367.] \nexemplified copy. See certified copy. \ntrue copy. A copy that, while not necessarily exact, \nis sufficiently close to the original that anyone can \nunderstand it. \nverified copy. See certified copy. \n\n2. Copyright. The physical form in which a creative \nwork is fixed and from which the work can be repro\nduced or perceived, with or without the aid ofa special \ndevice. 17 USCA  101. [Cases: Copyrights and Intellec\ntual Property C~1.J 3. Copyright. An expressive work \nthat is substantially similar to a copyrighted work and \nnot produced COincidentally and independently from \nthe same source as the copyrighted work . Proof of \ncopying in an infringement action requires evidence of \nthe defendant's access to the original work and substan\ntial Similarity of the defendant's work to the originaL \nSee substantial similarity under SIMILARITY. [Cases: \nCopyrights and Intellectual Property C=>S3(l).] \n\"The noun 'copy' ordinarily connotes a tangible object that \nis a reproduction of the original work; the courts have \ngenerally found no reason to depart from this usage in the \nlaw of copyright.\" 1 Melville B. Nimmer & David Nimmer, \nNimmer on Copyright  4.08[B], at 447 (Supp. 1995). \ncopycat drug. See generic drug under DRUG. \ncopyhold. Hist. A base tenure requiring the tenant \nto provide the customary services of the manor, \nas reflected in the manor's court rolls. Copyhold \ntenure descended from pure villeinage; over time, \nthe customs of the manor, as reflected on the manor's \nrolls, dictated what services a lord could demand from \na copyholder. This type oftenure was abolished by the \nLaw of Property Act ofl922, which converted copyhold \nland into freehold or leasehold land. Also termed \ncopyhold tenure; customary estate; customary freehold; \ntenancy by the verge; tenancy par la verge; tenancy by the \nrod. See base tenure under TENURE; VILLEINAGE. \n\"Out of the tenure by Villeinage, copyhold tenure devel \noped.... By the end of the fifteenth century, to hold by \ncopy of the court roll, to be a 'copyholder,' was a definite \nadvantage, and, in most cases the holders had for many \ngenerations been personally free. The fusing of several \ndifferent types of payment had also gone on, so that there \nwas little difference between a holder in socage who had \ncommuted the services for a sum of money and a copy \nholder who had done the same, except the speCific dues \nof heriot and merchet. In Coke's time, a very large part of \nthe land of England was still held by copyhold.\" Max Radin, \nHandbook ofAngloAmerican Legal History 371 (1936). \n\"[L)and held on an unfree tenure could be transferred only \nby a surrender and admittance made in the lord's court. \nThe transaction was recorded on the court rolls and the \ntransferee given a copy of the entry to prove his title; he \nthus held 'by copy of the court roll,' and the tenure became \nknown as 'copyhold.'\" Robert E. Megarry & M.P. Thompson, \nA Manual of the Law ofReal Property 22 (6th ed. 1993). \nprivileged copyhold. Hist. A copyhold subject only to \nthe customs ofthe manor and not affected by the non\nconforming dictates of the current lord. \ncopyholder. Hist. A tenant by copyhold tenure. Also \ntermed tenant by the verge; tenant par la verge. \n\"The lord still held a court, and that court kept records of \nall transactions affecting the lands. These records were \ncalled the rolls of the court. When, for instance, a tenant \nsold his interest to a third party, the circumstances of the \nsale would be recorded, and the buyer would receive a \ncopy of the court rolls in so far as they affected his holding. \nInasmuch as he held his estate by copy of court roll, he \ncame to be called a copyholder.\" G.c. Cheshire, Modern \nLaw ofReal Property 24 (3d ed. 1933). copyhold tenant. See customary tenant under TENANT. \ncopyleft. Slang. A software license that allows users to \nmodify or incorporate open-"}
{"text": "tenant under TENANT. \ncopyleft. Slang. A software license that allows users to \nmodify or incorporate open-source code into larger \nprograms on the condition that the software containing \nthe source code is publicly distributed without restric\ntions. \ncopylefted software. Slang. Free software whose distri\nbution terms forbid the addition of restrictions if the \nsoftware is redistributed in its original or a modified \nform. Not actually a legal term, this phrase is popu\nlarly used as the antithesis ofcopyright by Internet free\nsoftware promoters. See FREEWARE. \ncopyright, n. (ISc) 1. The right to copy; specifically, \na property right in an original work of authorship \n(including literary, musical, dramatic, choreographic, \npictorial, graphic, sculptural, and architectural works; \nmotion pictures and other audiovisual works; and \nsound recordings) fixed in any tangible medium of \nexpression, giving the holder the exclusive right to \nreproduce, adapt, distribute, perform, and display the \nwork. [Cases: Copyrights and Intellectual PropertyG= \nI.] 2. The body of law relating to such works. _ Copy\nright law is governed by the Copyright Act of 1976. 17 \nUSCA  101-1332. [Cases: Copyrights and Intellectual \nProperty C~101.] -Abbr. c. -copyright, vb. -copy\nrighted, adj. \n\"[C)opyright is a monopoly of limited duration, created and \nwholly regulated by the legislature; and ... an author has, \ntherefore, no other title to his published works than that \ngiven by statute.\" Ethan S. Drone, A Treatise on the Law of \nProperty in Intellectual Productions 2 (1879). \n\"The development of copyright law in England was shaped \nby the efforts of mercantile interests to obtain monopoly \ncontrol of the publishing industry similar to those of \nthe guilds that were instrumental in shaping patent and \ntrademark law .... American copyright law came to dis \ntinguish between the 'common law' right of an author to \nhis unpublished creations, and the statutory copyright \nthat might be secured upon publication. Until recently, \ntherefore, an author had perpetual rights to his creation, \nwhich included the right to decide when, if, and how to \npublish the work, but that common law right terminated \nupon publication at which time statutory rights become \nthe sole rights, if any, to which the author was entitled. \nThis distinction was altered by the Copyright Act of 1976, \nwhich shifts the line of demarcation between common law \nand statutory copyright from the moment of publication \nto the moment of fixation of the work into tangible form.\" \nArthur R. Miller & Michael H. DaviS, Intellectual Property in \na Nutshell 280-82 (2d ed. 1990). \n\"What is copyright? From copyright law's beginnings dose \nto three centuries ago, the term has meant just what it \nsays: the right to make copies of a given work at first \nit meant simply written work -and to stop others from \nmaking copies without one's permission.\" Paul Goldstein, \nCopyright's Highway 3 (1994). \n\"Before the 1976 Copyright Act swept virtually all copy \nrightable subject matter within the exclusive domain of \nfederal protection, the term 'copyright' implied a statutory \nright created by Congress in order to 'Promote the Progress \nof Science.' Our first copyright act, in 1790, protected \nonly maps, charts, and books. Protection gradually was \nextended to musical compositions and graphic works. In \nthe middle of the nineteenth century, photography was \ndeveloped and then protected, followed at the end of the \ncentury by motion pictures (although they were protected \n\n387 \nas photographs). As the twentieth century comes to a close, \ndigital technology and multimedia forms of authorship serio \nously challenge the gradual, compartmentalized approach \nto granting new rights and new subject matter ....\" 1 \nWilliam F. Patry, Copyright Law and Practice 1 (1994). \nad interim copyright. Hist. A limited five-year U.S. \ncopyright granted to the author of a foreign edition \nofan English-language book or periodical if, within \nsix months after its publication abroad, the author \ndeposited one complete copy of that edition in the \nU.S. Copyright Office and requested ad interim \ncopyright protection . An ad interim copyright was \ngranted as an exception to the 1909 Copyright Act's \nmanufacturing clause, which limited copyright pro\ntection for English-language books and periodicals \nto those printed in the U.S. If the copyright owner \npublished the work in the U.S. during the period of \nad interim protection and complied with the Act's \nmanufacturing requirements, full copyright protec\ntion related back to the date offirst publication. Oth\nerwise' the work went into the public domain at the \nend offive years. \ncommon-law copyright. A property right that arose \nwhen the work was created, rather than when it was \npublished. Under the Copyright Act of1976, which \ntook effect on January 1, 1978, common-law copy\nright was largely abolished for works created after \nthe statute's effective date. But the statute retained \nthe common law's recognition that the property right \narose when the work was created rather than when \nit was published. The common-law copyright still \napplies in a few areas: notably, a common-law copy\nright received before January 1, 1978 remains entitled \nto protection. 17 USCA  301. -Also termed right \noffirst publication. \ncopyright ability test. A judicial test for determining \nwhether a contributor to a joint work is an author for \nlegal purposes, based on whether the contributor's \neffort is an original expression that could qualify for \ncopyright protection on its own . This test has been \nadopted by a majority of courts. Cf. DE MINIMIS TEST. \n[Cases: Copyrights and Intellectual Property <:::=c \n41(3).] \nCopyright Act of 1790. The first U.S. copyright law, \nwhich, like England's Statute of Anne, gave authors \ncopyright protection for 14 years, renewable for another \n14 years, after which time the work then entered the \npublic domain. \nCopyright Act of 1909. A major revision of U.S. copy\nright law, extending the term of protection from 14 to \n28 years (renewable for a second 28-year term); mea\nsuring the copyright term from the time ofpublication \nrather than the time ofregistration with the Copyright \nOffice; and expanding coverage to all writings . The \nAct retained the formalities for securing a copyright \nand required that a copyright mark appear on the work. \nIt governed U.S. copyrights issued between July 1, 1909 \nand December 31,1977. Although the 1976 Copyright \nAct supplanted the 1909 Act, the 1909 Act still applies \nto some pre-1978 claims and affects certain other rights copyright notice \nof copyright owners. -Also termed 1909 Copyright \nAct. \nCopyright Act of 1976. A major revision of U.S. copy\nright law, extending the term of protection to the life \nof the author plus 50 years, measured from the date \nof creation; greatly expanding the types of works \nthat qualify for protection; dropping the require\nment that the work be published before it can be pro\ntected; making fair use a statutory defense to a claim \nin infringement; and preempting state common-law \ncopyright. 17 USCA  101 et seq . This is the current \nfederal statute that governs copyright registrations and \nrights. -Also termed 1976 Copyright Act. \nCopyright and the Challenge ofTechnology. See GREEN \nPAPER ON COPYRIGHT AND THE CHALLENGE OF TECH\nNOLOGY. \ncopyright application. A written request for copyright \nprotection made by a work's creator, filed with the U.S. \nCopyright Office and accompanied by a filing fee and \neither a deposit copy of the work or approved identi\nfying material.  A registrant who does not meet the \ndeposit requirement ofthe Copyright Act of 1976 risks \nlosing copyright protection. See, e.g., Coles V. Wonder, \n283 F.3d 798 (6th Cir. 2002). [Cases: Copyrights and \nIntellectual Property <:::=C50.20.] \ncopyright bug. See COPYRIGHT NOTICE. \nCopyright Clause. (1940) U.S. Const. art. I,  8, cl. 8, \nwhich gives Congress the power to secure to authors \nthe exclusive rights to their writings for a limited time. \n[Cases: Copyrights and Intellectual Property <:::=C2.] \ncopyright clearinghouse. An organization that licenses \nmembers' works to applicants for specific purposes . \nA clearinghouse usu. licenses only one type or class of \nworks, such as songs, photographs, cartoons, or written \nmaterials. \ncopyright infringement. See INFRINGEMENT. \ncopyright legend. See COPYRIGHT NOTICE. \ncopyright-management information. The name and \nother identifying information about the creator, per\nformer, or copyright owner of a creative work. See \nDIGITAL MILLENNIUM COPYRIGHT ACT. \ncopyright misuse. In an infringement action, an affir\nmative defense based on the copyright owner's use ofa \nlicense to restrain trade or in any other manner that is \nagainst public policy . The defense, roughly parallel to \nthe declining patent-misuse defense, was invoked, for \nexample, to prevent the American Medical Association \nfrom enforcing its copyright in its medical-procedure \ncodes after licensing them to the U.S. Government for \nuse in the Medicaid program. See Practice Mgmt. Info. \nCorp. V. Am. Med. Ass'n, 121 F.3d 516 (9th Cir. 1997). \n[Cases: Copyrights and Intellectual Property <:::=C75.] \ncopyright notice. (1889) A notice that a work is copy\nright-protected, uSU. placed in each published copy \nof the work.  A copyright notice takes the form  \n(year of publication) (name of basic copyright owner). \nSince March 1, 1989, such notice is not required for a \n\n388 copyright owner \ncopyright to be valid (although the notice continues to \nprovide certain procedural advantages). The phrase \"all \nrights reserved\" is usu. no longer required. -Some\ntimes termed copyright bug; copyright legend; notice of \ncopyright. See ALL RIGHTS RESERVED; BUENOS AIRES \nCONVENTION. [Cases: Copyrights and Intellectual \nProperty C=>50.1(2).] \ncopyright owner. (1886) 1. One who holds an exclusive \nright or rights to copyrighted material. 17 USCA  101. \n[Cases: Copyrights and Intellectual Property C=>41.] \n2. One who is named as the owner on any copyright \nnotice attached to a work and who is registered with \nthe U.S. Copyright Office as the owner. \nCopyright Royalty Tribunal. A former board in the leg\nislative branch of the federal government responsible \nfor establishing and monitoring copyright royalty rates \nfor published and recorded materials . Its functions \nare now performed by copyright arbitration royalty \npanels. [Cases: Copyrights and Intellectual Property \nC=>48.1.] \ncoram (kor-dm), prep. [Latin] (Of a person) before; in \nthe presence of. \ncoram domino rege (kor-dm dom-d-noh ree-jee). [Latin] \nHist. Before our lord the king. \ncoram ipso rege (kor-dm ip-soh ree-jee). [Latin] Hist. \nBefore the king himself. -Also termed coram ipso \ndomino rege. \n\"The court of king's bench (so called because the king used \nformerly to sit there in person, the style of the court still \nbeing coram ipso rege) is the supreme court of common \nlaw in the kingdom ....\" 3 William Blackstone, Commentar\nies on the Laws ofEngland 41 (1768). \ncoram judice (kor-dm joo-di-see). 1. In the presence of \na judge. 2. JURISDICTION. \ncoram nobis (kor-dm noh-bis). [Latin \"before us\"] 1. \nHist. A writ of error taken from a judgment of the \nKing's Bench . \"Before us\" refers to the sovereign, in \ncontrast to the writ coram vobis (\"before you\"), which \nrefers to any court other than King's Bench, esp. the \nCourt ofCommon Pleas. 2. A writ oferror directed to a \ncourt for review ofits own judgment and predicated on \nalleged errors offact. -Also termed writ oferror coram \nnobis; writ ofcoram nobis; (misspelled) quorum nobis. \n[Cases: Criminal Law C=> 1411; Judgment C=>334.] \ncoram non judice (kor-dm non joo-di-see). [Latin \"not \nbefore a judge\"] 1. Outside the presence of a judge. 2. \nBefore a judge or court that is not the proper one or that \ncannot take legal cognizance of the matter. \ncoram paribus (kor-dm par-d-bds). [Latin] Hist. Before \nthe peers. This phrase appeared in deed attesta\ntions. \nCoram Rege Court. See KINds BENCH. \ncoram sectatoribus (kor-dm sek-td-tor-d-bds). [Law \nLatin] Hist. Before the suitors. \ncoram vobis (kor-dm voh-bis), n. [Latin \"before you\"] \nHist. 1. A writ of error directed to a court other than the King's Bench, esp. the Court ofCommon Pleas, to \nreview its judgment. \n\"Certain errors in the process of the court, committed by \nthe defaults of the clerks, or as to matters of fact, could \nbe remedied by the court itself. The writ issued for this \npurpose was called a writ of error 'coram vobis' if the error \nwas in the Common Pleas; 'coram nobis' if it was in the \nKing's Bench.\" 1 William Holdsworth, A History of English \nLaw 224 (7th ed. 1956). \n2. A writ of error sent by an appellate court to a trial \ncourt to review the trial court's judgment based on an \nerror offact. -Also termed writ oferror coram vobis; \nwrit ofcoram vobis. [Cases: Courts C=>207.1.] \nCordon rule"}
{"text": "obis; \nwrit ofcoram vobis. [Cases: Courts C=>207.1.] \nCordon rule. A rule of the U.S. Senate requiring any \ncommittee that is reporting a bill amending current \nlaw to show in its report what wording the bill would \nstrike from or insert into the current statute. The \nrule is named for Senator Guy Cordon (1890-1969) of \nOregon, who proposed it. The analogous rule in the \nU.S. House ofRepresentatives is the Ramseyer rule. See \nRAMSEYER RULE. \ncore earnings. See operating earnings under EARNINGS. \ncore proceeding. Bankruptcy. 1. A proceeding involv\ning claims that substantially affect the debtor-creditor \nrelationship, such as an action to recover a preferential \ntransfer.  In such a proceeding, the bankruptcy court, \nas opposed to the district court, conducts the trial or \nhearing and enters a final judgment. Cf. RELATED \nPROCEEDING. 2. In federal courts, an action involv\ning subject matter that is clearly within the confines \noffederal bankruptcy law and the management ofthe \nbankrupt's estate. A federal bankruptcy court may \nalso hear noncore matters that have an independent \nbasis for subject-matter jurisdiction, such as a federal \nquestion. For a nonexclusive list of core proceedings, \nsee 28 USCA  157(b)(2). [Cases: Bankruptcy C=>2043\n2063.] \ncore rights. 1. Human rights that are generally recog\nnized and accepted throughout the world . These rights \ninclude freedom from extrajudicial execution, torture, \nand arbitrary arrest and detention. Core rights are \nembodied in many human rights conventions, includ\ning the Universal Declaration of Human Rights, the \nInternational Covenant on Civil and Political Rights, \nand the International Covenant on Economic, Social \nand Cultural Rights. 2. Fundamental rights claimed \nwithin a social, cultural, or other context.  These are \nnot universally recognized rights. For example, the \nability to vote may be a fundamental right of citizens \nin one country but only a privilege limited to selected \npeople in another. \ncorespondent. (1857) 1. A coparty who responds to a \npetition, such as a petition for a writ of certiorari. 2. \nIn some states, a coparty who responds to an appeal. \n3. Family law. In a divorce suit based on adultery, the \nperson with whom the spouse is accused of having \ncommitted adultery. See RESPONDENT. [Cases: Divorce \nC=>26,72.] \n\n389 \ncore work product. See opinion work product under \nWORK PRODUCT. \ncorium forisfacere (kor-ee-am for-is-fay-sa-ree). [Law \nLatin \"to forfeit skin\"] Hist. To whip (a person, esp. \na servant) as punishment. -Also termed corium \nperdere. \ncorium redimere (kor-ee-am ri-dim-ar-ee). [Latin] Hist. \nTo redeem one's skin . This referred to a person who \npaid restitution for an offense. \ncornage (kor-nij). [fr. Anglo-French corne \"horn\"] Hist. \n1. A type ofgrand-sergeanty military tenure in which \nthe tenant was bound to blow a horn to alert others \nwhenever an enemy approached. 2. A form of tenure \nentitling a landowner to rent based on the number of \nhorned cattle owned by the tenant. Cornage may \nhave developed into a type of serjeanty or knight\nservice tenure that obligated the tenant to blow a \nhorn to warn of invaders, esp. along the border with \nScotland. Also termed (in senses 1 & 2) horn tenure. \nSee KNIGHT-SERVICE; SERJEANTY. 3. A tribute of corn \ndue only on special occasions, as distinguished from a \nregularly provided service . This term has often been \nspelled coraage or coraagium, stemming perhaps from \na spelling error in the 1569 edition of Bracton's De \nLegibus et Consuetudinibus Angliae. \nCornelian law. See LEX CORNELIA. \ncorner, n. 1. The common end of two survey lines; an \nangle made by two boundary lines. [Cases: Boundar\niesG\"-::'7.] \nexistent corner. A corner whose location can be verified \nby an original landmark, a surveyor's field notes, or \nother reliable evidence. \nlost corner. A point in a land description, such as a \nlandmark or natural object, whose position cannot \nbe reasonably determined from traces ofthe original \nmarks or other acceptable evidence. _ The location \ncan be determi ned hy reference to one or more inde\npendent points remaining in the deSCription. \nobliterated corner. A corner that can be located only \nwith evidence other than that put in place by the \noriginal surveyor. \n2. The acquisition of control over all or a dominant \nquantity of a commodity with the purpose of artifi\ncially enhancing the price, carried out by purchases and \nsales ofthe commodity -and of options and futures \nin a way that depresses the market price so that the \nparticipants are enabled to purchase the commodity at \nsatisfactory prices and withhold it from the market for \na time, thereby inflating its price. _ A corner accom\nplished by confederation, with the purpose of raising \nor depressing prices and operating on the market, is a \ncriminal conspiracy if the means are unlawful. \ncorner influence. Property. In an appraisal, the addi\ntional value ofa corner lot, esp. one zoned for commer\ncial purposes, attributable to factors such as increased \nlight and air, easier ingress and egress, greater accescoronatore eligendo \nsibility by pedestrian and automotive traffic, and more \nspace for displays and advertisements. \ncornering the market. The act or process ofacquiring \nownership or control ofa large portion ofthe available \nsupply ofa commodity or security, permitting manipu\nlation ofthe commodity's or security's price. \nCorn Products doctrine. Tax. The principle that a capital \nasset should be narrowly defined to exclude inventory\nrelated property that is integrally tied to the day-to-day \noperations of a business. Corn Prods. Refining Co. v. \nc.I.R., 350 U.S. 46, 76 S.Ct. 20 (1955). [Cases: Internal \nRevenue 3230.1.J \ncorody (kor-or kahr-a-dee). Hist. An allowance of \nmoney, accommodation, food, or clothing given \nby a religious house to any person who Signed over \npersonal or real property or both in exchange or to a \nroyal servant at the Crown's request . The amount \nof property required from a person who purchased a \ncorady depended on the person's age and remaining \nlife expectancy. The Crown was entitled to a corody \nfor a retired royal servant only from houses that the \nCrown had founded. Theoreticallv, the cost ofa retired \nroyal servant's care would come from the royal purse. \nBut since the royal purse did not always open, royal \nservants were not always accepted as corodiaries. Cf. \nLIFE-CARE CONTRACT. -Also spelled carrody. \ncorodiary (kd-roh-dee-air-ee), corrodiary, n. \n\"Corrody is a partition for one's sustenance. Be it bread, \nale, herring, a yearly robe, or sum of money for the robe. \n50 of a chamber, and stable for my horses, when the same \nis coupled with other things ....\" 5ir Henry Finch, Law, or \na Discourse Thereof 162 (1759). \ncorollary (kor-or kahr-a-Ier-ee), n. (14c) A proposition \nthat follows from a proven proposition with little or no \nadditional proof; something that naturally follows. \ncorona (kCl-roh-na). [Latin] Hist. The Crown . This term \nformerly appeared in criminal pleadings, e.g., placita \ncoronae (\"pleas of the Crown\"). \ncoronation case. Hist. Any of the many lawsuits for \nbreach of contract resulting from the postponement \nofthe coronation ofEdward VII because ofhis illness. \n In one case, for example, the defendant had agreed \nto hire a ship for watching the naval review by King \nEdward VII and for a day's cruise around the fleet. \nThe court held that the contract was not frustrated by \nthe cancellation ofthe naval review -the day's cruise \naround the fleet was still possible, and indeed, the ship \ncould have been used for many other purposes. \ncoronator (kor-or kahr-Cl-nay-tar). [fro Latin corona \n\"crown\"] A coroner. See CORONER (2). \n\"The formal title of custos (or occasionally conservator) \nplacitorum corone continued to be used throughout the \nMiddle Ages, but the more convenient shorter forms \nwronarius, which was confined to a short period around \n1200, and CORONATOR rapidly gained greater currency. The \nEnglish form was 'coroner' or 'crowner.'\" R.F. Hunnisett, \nThe Medieval Coroner 1 n.! (1961). \ncoronatore eligendo. See DE CORO:>lATORE ELIGENDO. \n\n390 coronatore exonerando \ncoronatore exonerando. See DE CORONATORE EXONE\nRANDO. \ncoroner (kor-or kahr-<:l-n<:lr). (14c) 1. A public official \nwhose duty is to investigate the causes and circum\nstances ofany death that occurs suddenly, suspiciously, \nor violently. See MEDICAL EXAMINER. [Cases: Coroners \nC==' 1.] 2. Hist. A royal official with countywide juris\ndiction to investigate deaths, to hold inquests, and \nto assume the duties of the sheriff if need be. The \ncoroner acted as a check on the sheriff, a local officer \nwhose growing power threatened royal control over the \ncounties. The coroner reported criminal activity to the \nking's justices in eyre. When the eyre court arrived in \na county, it collected the coroner's roll to learn what \nhad occurred in the county during the eyre's absence. \nThe justices fined the coroner if he failed to produce \nthe roll, or if they learned of criminal activity in the \ncounty from a source other than the roll. \n\"The office of coroner was established in September 1194, \nwhen the justices in eyre were required to see that three \nknights and one clerk were elected in every county as \n'keepers of the pleas of the crown.' These were the first \ncounty coroners.... Throughout the Middle Ages the \ncoroner could be ordered to perform almost any duty of an \nadministrative or inquisitorial nature within his bailiwick, \neither alone or with the sheriff, but there were other duties \nwhich belonged more specifically to his office and which \nhe performed without being ordered. These consisted \nof holding inquests upon dead bodies, receiving adjura\ntions of the realm made by felons in sanctuary, hearing \nappeals, confessions of felons and appeals of approvers, \nand attending and sometimes organising exactions and \noutlawries promulgated in the county court. These were \nthe 'crown pleas' which the coroner had to 'keep' ....\" R.F. \nHunnisett, The Medieval Coroner 1 (1961). \ncoroner's court. See COURT. \ncoroner's inquest. See INQUEST (1). \ncoroner's jury. See JURY. \ncorpnership. [Portmanteau word probably formed \nfr. corporation + partnership] A limited partnership \n(usu. having many public investors as limited partners) \nwhose general partner is a corporation. \ncorporale sacramentum (kor-p<:l-ray-Iee sak-r<:l-men\nt<:lm). See corporal oath under OATH. \ncorporal oath. See OATH. \ncorporal punishment. See PUNISHMENT. \ncorporate, adj. (16c) Ofor relating to a corporation, esp. \na business corporation <corporate bonds>. \ncorporate acquisition. (1911) The takeover of one cor\nporation by another ifboth parties retain their legal \nexistence after the transaction. Cf. MERGER (8). \ncorporate agent. See AGENT (2). \ncorporate authority. (1817) 1. The power rightfully \nwielded by officers of a corporation. [Cases: Corpo\nrations (:::c:-297, 300-303.] 2. In some jurisdictions, \na municipal officer, esp. one empowered to represent \nthe municipality in certain statutory matters. [Cases: \nMunicipal Corporations C==' 168.] \ncorporate body. See CORPORATION. corporate bond. See BOND (3). \ncorporate books. (1846) Written records of a corpora\ntion's activities and business transactions. \ncorporate charter. See CHARTER (3). \ncorporate citizenship. (1889) Corporate status in the \nstate of incorporation, though a corporation is not a \nconstitutional citizen for the purposes ofthe Privileges \nand Immunities Clauses in Article IV  2 and in the \n14th Amendment to the U.S. Constitution. [Cases: Cor\nporations C==' 1.1(3), 52.] \ncorporate counsel. See COUNSEL. \ncorporate crime. See CRIME. \ncorporate distribution. See DISTRIBUTION. \ncorporate domicile. See DOMICILE. \ncorporate entity. See ENTITY. \ncorporate franchise. See FRANCHISE (2). \ncorporate immunity. See IMMUNITY (2). \ncorporate indenture. See INDENTURE. \ncorporate merger. See MERGER (8). \ncorporate-mortgage trust. A financing device in which \ndebentures are issued and secured by property held in \ntrust.  An independent trustee protects the interests \nofthose who purchase the debentures. [Cases: Corpo\nrations C=='476(1).] \ncorporate name. See NAME. \ncorporate officer. See OFFICER (1). \ncorporate-opportunity doctrine. (1942) The rule that \na corporation's directors, officers, and employees are \nprecluded from using information gained as such to \ntake personal advantage of any business opportuni\nties that the corporation has an expectancy right or \nproperty interest in, or that in fairness should other\nwise belong to the corporation . In a partnership, the \nanalogous principle is termed the firm-opportunity \ndoctrine. [Cases: Corporations C=='315"}
{"text": "\nanalogous principle is termed the firm-opportunity \ndoctrine. [Cases: Corporations C=='315.] \ncorporate-owned life insurance. See LIFE INSURANCE. \ncorporate purpose. (18c) The general scope of the \nbusiness objective for which a corporation was created . \n A statement of corporate purpose is commonly \nrequired in the articles ofincorporation. \ncorporate raider. A person or business that attempts \nto take control of a corporation, against its wishes, \nby buying its stock and replacing its management. \nOften shortened to raider. -Also termed hostile bidder; \nunfriendly suitor. Cf. WHITE KNIGHT. \ncorporate resolution. See RESOLUTION (2). \ncorporate seal. See SEAL. \ncorporate speech. See SPEECH. \ncorporate stock. See STOCK. \ncorporate trustee. See TRUSTEE (1). \ncorporate veil. (1927) The legal assumption that the acts \nofa corporation are not the actions ofits shareholders, \nso that the shareholders are exempt from liability for \n\n391 \nthe corporation's actions. See PIERCING THE CORPO\nRATE VEIL. [Cases: Corporations \ncorporate welfare. See WELFARE (2). \ncorporation, n. (l5c) An entity (usu. a business) having \nauthority under law to act as a single person distinct \nfrom the shareholders who own it and having rights to \nissue stock and exist indefinitely; a group or succession \nof persons established in accordance with legal rules \ninto a legal or juristic person that has a legal personality \ndistinct from the natural persons who make it up, exists \nindefinitely apart from them, and has the legal powers \nthat its cop.stitution it. Also termed corpora\ntion aggregate; aggregate corporation; body corporate; \ncorporate body. See COMPANY. [Cases: Corporations \nCr~1.] -incorporate, vb. corporate, adj. \n\"A corporation is an artificial being, invisible, intangible, \nand existing only in contemplation of law.... [I]t pos\nsesses only those properties which the charter of its \ncreation confers upon it.\" Trustees of Dartmouth College \nv. Woodward, 17 U.S. (4 WheaL) 518, 636 (1819) (Marshall, \nJ.). \nacquired corporation. The corporation that no longer \nexists after a merger or acquisition. [Cases: Corpora\ntions (:::586.] \nadmitted corporation. A corporation licensed or \nauthorized to do business within a particular state. \nAlso termed qualified corporation; corporation quali\nfied to do business. \naggressor corporation. A corporation that attempts \nto obtain control of a publicly held corporation by \n(1) a direct cash tender, (2) a public exchange offer \nto shareholders, or (3) a merger, which requires the \nagreement of the target's management. \nalien corporation. Seeforeign corporation. \nbrother-sister corporation. See sister corporation. \nbusiness corporation. A corporation formed to engage \nin commercial activity for profit. Cf. nonprofit cor\nporation. \nC corporation. A corporation whose income is taxed \nthrough it rather than through its shareholders. \nAny corporation not electing S-corporation tax status \nunder the Internal Revenue Code is a C corporation \nby default. Also termed subchapter-C corporation. \nCf. Scorporation. \ncharitable corporation. (l7c) A nonprofit corpora\ntion that is dedicated to benevolent purposes and \nthus entitled to special tax status under the Internal \nRevenue Code. Also termed eleemosynary cor\nporation. See CHARITABLE ORGANIZATION. [Cases: \nInternal Revenue C=>4045-4069.] \ncivil corporation. Any corporation other than a chari\ntable or religiOUS corporation. \nclearing corporation. A corporation whose capital \nstock is held by or for a national security exchange or \nassociation registered under federal law such as the \nSecurities Exchange Act of 1934. corporation \nclose corporation. (1840) A corporation whose stock \nis not freely traded and is held by only a few share\nholders (often within the same family). -Ihe require\nments and privileges of close corporations vary by \njurisdiction. Also termed closely held corporation; \nclosed corporation; (when family owned) family cor\nporation. [Cases: Corporations G:::>3.] \ncollapsible corporation. (1955) A corporation formed \nto give a short-term venture the appearance of a long\nterm investment in order to portray income as capital \ngain, rather than profit. -The corporation is typically \nformed for the sole purpose of purchasing property. \nThe corporation is usu. dissolved before the property \nhas generated substantial income. The Internal \nRevenue Service treats the income earned through \na collapsible corporation as ordinary income rather \nthan as capital gain. IRC (26 USCA)  341 (a). Cf. \ncollapsi 'p under PARTNERSHIP. lCases: \nInterna enue C=>3728.] \ncommon-law corporation. See corporation by prescrip\ntion. \nconglomerate corporation. See CONGLOMERATE. \ncontrolled corporation. 1. A corporation in which \nthe majority of the stock is held by one individual or \nfirm. [Cases: Internal Revenue C=>3643.]2. A corpo\nration in which a substantial amount (but less than \na majority) of the stock is held by one individual or \nfirm. _ Some states presume control with as little as \n10%. [Cases: Corporations C=> 1.4, 1.5.] \ncontrolled foreign corporation. Tax. A foreign corpo\nration in which more than 50% ofthe stock is owned \nby U.S. citizens who each own 10% or more of the \nvoting stock. -These shareholders (known as u.s. \nshareholders) are required to report their pro rata \nshare of certain passive income of the corporation. \nIRC (26 USCA)  951-964. -Abbr. CFC. [Cases: \nInternal Revenue C=>4119.] \ncooperative corporation. An entity that has a corporate \nexistence, but is primarily organized for the purpose \nofproviding services and profits to its members and \nnot for corporate profit. -The most common kind of \ncooperative corporation is formed to purchase real \nproperty, such as an apartment building, so that its \nshareholders may lease the apartments. See COOPERA\nTIVE (1). [Cases: Landlord and Tenant G=>350, 352.] \ncorporation aggregate. 1. See CORPORATION. 2. Hist. \nA corporation made up of a number of individuals. \nCf. corporation sole. \n\"The first division of corporations is into aggregate and \nsole. Corporations aggregate consist of many persons \nunited together into one society, and are kept up by a per\npetual succession of members, so as to continue forever: \nof which kind are the mayor and commonalty of a city, the \nhead and fellows of a college, the dean and chapter of a \ncathedral church.\" 1 William Blackstone, Commentaries on \nthe Laws ofEng/and 457 (1765). \n\"The corporation aggregate is the typical corporation, \nwhich, at any given time, normally contains a number \nof individuals as members. This number may be great \nor small, varying from the hundreds of thousands of \n\n392 corporation \nburgesses of a large borough to the two members of a \nprivate joint-stock company. It is even said that a corpora\ntion aggregate would not necessarily cease to exist if all its \nmembers died, leaving no successors; and this is, probably, \nsound doctrine.\" EdwardJenks, The Book ofEnglish Law 118 \n(P.B. Fairest ed., 6th ed. 1967). \ncorporation by estoppel. A business that is deemed, by \noperation of law, to be a corporation because a third \nparty dealt with the business as if it were a corpora\ntion, thus preventing the third party from holding a \nshareholder or officer ofthe corporation individually \nliable. See ESTOPPEL. [Cases: Corporations (:::::;34.] \ncorpora.tion by prescription. A corporation that, \nthough lacking a charter, has acquired its corporate \nstatus through a long period ofoperating as a corpo\nration. Such an entity may engage in any enterprises \nthat are not manifestly inconsistent with the purposes \nfor which it is assllmed to have been created. -Also \ntermed common-law corporation. [Cases: Corpora\ntions \ncorporation de facto. See de facto corporation. \ncorporation de jure. See de jure corporation. \ncorporation for profit. Seefor-profit corporation. \ncorporation qualified to do business. See admitted \ncorporation. \ncorporation sole. A series ofsllccessive persons holding \nan office; a continuous legal personality that is attrib\nuted to successive holders ofcertain monarchical or \necclesiastical positions, such as kings, bishops, rectors, \nvicars, and the like. This continuous personality is \nviewed, by legal fiction, as having the qualities of a \ncorporation. Cf. corporation aggregate (2). \n\"It would have been quite possible to explain in the same \nway the devolution of the lands of the Crown, or of a \nbishopriC, or of a rectory, from the sovereign, bishop. or \nrector, to his successor; but English law has preferred to \nintroduce for this purpose the fiction, peculiar to itself, of \na 'corporation sole.'\" Thomas E. Holland, The Elements of \njurisprudence 350-51 (13th ed. 1924). \n\"But English Law knows another kind of corporation, the \n'corporation sole', in which the group consists, not of a \nnumber of contemporary members, but of a succession of \nsingle members, of whom only one exists at any given time. \nThis kind of corporation has been described by eminent \nlegal writers as a 'freak'; but it is a freak which undoubt \nedly has a legal existence. It has been said that the Crown \nis the only common law lay corporation sole; though the \nMaster of Trinity College, Cambridge, has been claimed \nas another example, and statutory examples, such as the \nPublic Trustee and the Treasury Solicitor, are conspicuous. \nBut the examples of ecclesiastical corporations sole are \nnumerous. Every diocesan bishop. every rector of a parish, \nis a corporation sole, and can acquire and hold land (and \nnow also personal property) even during the vacancy of \nthe see or living, for the benefit of his successors, and can \nbind his successors by his lawful conveyances and con \ntracts. But, obviously, the distinction between the bishop \nor rector, in his personal and in his corporate character, is \neven harder to grasp than that between the members of \na corporation aggregate and the corporation itself .. \" \nEdwardJenks, The Book ofEnglish Law 118-19 (P.B. Fairest \ned., 6th ed. 1967). \ndead corporation. See dissolved corporation. de facto corporation (di fak-toh). An incompletely \nformed corporation whose existence operates as a \ndefense to personal liability ofthe directors, officers, \nand shareholders who in good faith thought they \nwere operating the business as a duly formed corpo\nration. Also termed corporation de facto. [Cases: \nCorporations (:::::;28.] \nde jure corporation (di juur-ee). A corporation formed \nin accordance with all applicable laws and recognized \nas a corporation for liability purposes. -Also termed \ncorporation de jure. [Cases: Corporations \ndissolved corporation. A corporation whose charter \nhas expired or been revoked, relinquished, or volun\ntarily terminated. Also termed dead corporation. \nCorporations C~617-619.1 \ndomestic corporation. (1819) 1. A corporation that is \norganized and chartered under the laws of a state. \nThe corporation is considered domestic by the char\ntering state. Cf. foreign corporation. 2. Tax. Acorpo\nration created or organized in the United States or \nunder federal or state law. IRC (26 USCA)  \n(4). [Cases: Internal Revenue C=>3623; Taxation \n3485.] \ndormant corporation. 1. An inactive corporation; a \nlegal corporation that is presently not operating. 2. A \ncorporation whose authority to do business has been \nrevoked or suspended either by operation of law (as \nby failure to pay franchise taxes) or by an act of the \ngovernment official responsible for the corporation's \nauthority. \ndummy corporation. (1899) A corporation whose \nonly function is to hide the principal's identity and \nto protect the principal from liability. \necclesiastical corporation (i-klee-zee-as-t<}-kal). \nEnglish law. A corporation that is organized for spir\nitual purposes or for the administration ofproperty \nheld for religious uses. -Also termed religious cor\nporation. Cf.lay corporation. \n\"Ecclesiastical corporations. Corporations created for the \nfurtherance of religion .... They are of two kinds: (1) \ncorporations sole, i.e., bishops, certain deans, parsons \nand vicars; and (2) corporations aggregate, i.e., deans \nand chapters, and formerly prior and convent, abbot and \nmonks, and the like. Such corporations are called 'religious \ncorporations,' or 'religious societies,' in the United States.\" \n1 Stewart Rapalje & Robert L. Lawrence, A Dictionary of \nAmerican and English Law 432 (1883). \neleemosynary corporation. See charitable corpora\ntion. \nforeign corporation. (I8c) A corporation that was orga\nnized and chartered under the laws ofanother state, \ngovernment, or country <in Arizona, a California \ncorporation is said to be a foreign corporation>. \nAlso termed alien corporation. Cf. domestic corpora\ntion. [Cases: Corporations \n'''Foreign' is defined as 'not native or domestic.' This is the \nmeaning given to the word in the various judicial defini\ntions of foreign corporations. With to a particular \nstate or country, a corporation by or under the \nlaws of that state or country is a 'domestic corporation,' \n\n393 \nand any corporation that owes its existence to the laws of \nanother state, government or country is a 'foreign corpo\nration.' The difference between a domestic and a foreign \ncorporation of the same kind is one of status, determined \nby considerations that are external to the corporation and \nnot internal or organic. Moreover, foreign corporations \nof all classes fall equally within the definition. In many \njurisdictions foreign corporations are defined by statute, \n"}
{"text": "ations \nof all classes fall equally within the definition. In many \njurisdictions foreign corporations are defined by statute, \nand the statutory definitions do not differ in substance \nfrom that stated above.\" 17 Fletcher Cyclopedia on the Law \nof Private Corporations  8290, at 6-7 (1998). \nfor-profit corporation. A corporation organized for \nthe purpose of making a profit; a business corpora\ntion. Also termed corporation for profit; moneyed \ncorporation. \ngovernment corporation. See public corporation (3). \njoint-venture corporation. A corporation that has \njoined with one or more individuals or corporations \nto accomplish some specified project. \nlay corporation. English law. A corporation made up of \nlaypersons, and existing for a business or charitable \npurpose. Cf. ecclesiastical corporation. \nlimited-liability corporation. See limited-liability \ncompany under COMPANY. \nmigratory corporation. A corporation formed under \nthe laws of another state than that of the incorpo\nrators' residence for the purpose of carrying on a \nsignificant portion of its business in the state of the \nincorporators' residence or in a state other than where \nit was incorporated. \nmoneyed corporation. 1. A corporation that uses \nmoney capital in its business, esp. one (such as a bank) \nthat engages in the exchange or lending of money. 2. \nSee for-profit corporation. \nmultinational corporation. A company with opera\ntions in two or more countries, generally allowing it \nto transfer funds and products according to price and \ndemand conditions, subject to risks such as changes in \nexchange rates or political instability. Also termed \ntransnational corporation. \nmultistate corporation. A corporation incorporated \nunder the laws of two or more states. \nmunicipal corporation. See MU:-<ICIPAL CORPORA\nTION. \nmunicipal corporation de facto. See MUNICIPAL COR\nPORATION. \nnonprofit corporation. (1908) A corporation organized \nfor some purpose other than making a profit, and \nusu. afforded special tax treatment. -Also termed \nnot-for-profit corporation. Cf. business corporation. \n[Cases: Corporations (;::::c3; Internal Revenue \n4045-4071.] \nnonstock corporation. A corporation that does not \nissue shares of stock as evidence of ownership but \ninstead is owned by its members in accordance with \na charter or agreement.  Examples are mutual insur\nance companies, charitable organizations, and private \nclubs. [Cases: Corporations (;::::c64.] corporation \nnot-for-profit corporation. See nonprofit corporation. \nparent corporation. (1893) A corporation that has a \ncontrolling interest in another corporation (called a \nsubsidiary corporation), usu. through ownership of \nmore than one-half the voting stock. Often short\nened to parent. -Also termed parent company. \npolitical corporation. See public corporation (2). \nprivate corporation. (17c) A corporation founded by \nand composed of private individuals principally for a \nnonpublic purpose, such as manufacturing, banking, \nand railroad corporations (including charitable and \nreligious corporations). -Also termed quaSi-indi\nvidual. [Cases: Corporations \nprofessional corporation. (1958) A corporation pro\nviding services of a type requiring a professional \nlicense. A professional corporation may be made \nup of architects, accountants, lawyers, physicians, \nveterinarians, or the like. -Abbr. P.e. \npublic corporation. (17c) 1. A corporation whose shares \nare traded to and among the general public. -Also \ntermed publicly held corporation. [Cases: Corpora\ntions 0::;;,3.] 2. A corporation that is created by the \nstate as an agency in the administration ofcivil gov\nernment. -Also termed political corporation. 3. \nA government-owned corporation that engages in \nactivities that benefit the general public, usu. while \nremaining financially independent . Such a corpo\nration is managed by a publicly appointed board. \nAlso termed (in sense 3) government corporation; \npublic-benefit corporation. [Cases: States (;::::c84.] \npublicly held corporation. See public corporation (1). \npublic-service corporation. (1894) A corporation \nwhose operations serve a need of the general public, \nsuch as public transportation, communications, gas, \nwater, or electricity . This type ofcorporation is usu. \nsubject to extensive governmental regulation. [Cases: \nPublic Utilities (;.::::.> 103.J \nqualified corporation. See admitted corporation. \nquasi-corporation. An entity that exercises some of \nthe functions of a corporation but that has not been \ngranted corporate status by statute; esp., a public cor\nporation with limited authOrity and powers (such as a \ncounty or school district). Also sometimes termed \nquasi-municipal corporation. Cf. MUNICIPAL CORPO\nRATION. [Cases: Municipal Corporations \nquasi-public corporation. A for-profit corporation pro\nviding an essential public service . An example is an \nelectric company or other utility. \nrailroad corporation. A corporation organized to \nconstruct, maintain, and operate railroads. -Also \ntermed railroad company. [Cases: Railroads \n\"A railroad company or corporation is usually regarded as \na private corporation, and justly so, as contrasted with a \nstrictly public corporation, such as a city, county, township, \nor the like governmental subdivision, but it is not a private \ncorporation in the strict sense that an ordinary business \ncorporation is, for it is charged with duties of a public \nnature that distinguish it from a purely and strictly private \n\n394 Corporation Act \ncorporation.\" 1 Byron K. Elliott & William F. Elliott, A Treatise \non the Law ofRailroads  3, at 7 (3d ed. 1921). \nregistered corporation. (1928) A publicly held corpora\ntion, a security of which is registered under  12 ofthe \nSecurities Exchange Act of 1934. The corporation is \nsubject to the Act's periodic disclosure requirements \nand proxy regulations. 15 USCA  781. \nreligious corporation. A corporation created to carry \nout some ecclesiastical or religious purpose. See eccle\nsiastical corporation. [Cases: Religious Societies \n4.] \nS corpor-ation. (1961) A corporation whose income is \ntaxed through its shareholders rather than through \nthe corporation itself . Only corporations with a \nlimited number of shareholders can elect S-corpo\nration tax status under Subchapter S of the Internal \nRevenue Code. Also termed subchapter-S corpora\ntion; tax-option corporation. Cf. Ccorporation. [Cases: \nInternal Revenue C='3885-3903.] \nshelfcorporation. See shelf company under COMPANY. \nshell corporation. (1969) A corporation that has no \nactive business and usu. exists only in name as a \nvehicle for another company's business operations. \nsister corporation. One of two or more corporations \ncontrolled by the same, or substantially the same, \nowners. Also termed brother-sister corporation. \n[Cases: Corporations 3.] \nsmall-business corporation. (1898) 1. A corporation \nhaving no more than 75 shareholders and otherwise \nsatisfying the requirements of the Internal Revenue \nCode provisions permitting a subchapter Selection. \nIRC (26 USCA)  1361. See S corporation. [Cases: \nInternal Revenue C='388S-3903.] 2. A corpora\ntion receiving money for stock (as a contribution to \ncapital and paid-in surplus) totaling not more than \n$1,000,000, and otherwise satisfying the requirements \nofthe Internal Revenue Code section 1244(c) thereby \nenabling the shareholders to claim an ordinary loss \non worthless stock. IRC (26 USCA)  1244(c). \nsole corporation. A corporation having or acting \nthrough only a single member. [Cases: Corporations \n03.) \nspiritual corporation. A corporation whose members \nare spiritual persons, such as bishops, rectors, and \nabbots. \nstock corporation. A corporation in which the capital \nis contributed by the shareholders and divided into \nshares represented by certificates. [Cases: Corpora\ntions C='6S.J \nsubchapter-C corporation. See C corporation. \nsubchapter-S corporation. See S corporation. \nsubsidiary corporation. (1882) A corporation in which \na parent corporation has a controlling share. - Often \nshortened to subsidiary; sub. [Cases: Corporations \nC='174.J surviving corporation. A corporation that acquires \nthe assets and liabilities of another corporation by a \nmerger or takeover. [Cases: Corporations C='586.] \ntarget corporation. A corporation over which control is \nbeing sought by another party. See TAKEOVER. \ntax-option corporation. See Scorporation. \nthin corporation. A corporation with an excessive \namount of debt in its capitalization. See thin capi\ntalization under CAPITALIZATION. [Cases: Corpora\ntions \ntrading corporation. A corporation whose business \ninvolves the buying and selling ofgoods. \ntramp corporation. A corporation chartered in a state \nwhere it does not conduct business. [Cases: Corpora\ntions C='63S.J \ntransnational corporation. See multinational corpo\nration. \ntrust corporation. See trust company under COMPANY. \nU.S.-owned foreign corporation. A foreign corporation \nin which 50% or more of the total combined voting \npower or total value of the stock is held directly or \nindirectly by U.S. citizens. IRC (26 USCA)  904(g) \n(6). -Ifthe dividend or interest income paid by a \nU.S. corporation is classified as a foreign source, the \nU.S. corporation is treated as a u.S.-owned foreign \ncorporation. IRC (26 USCA)  861. [Cases: Internal \nRevenue C='4099-4105, 4119.] \nCorporation Act. Hist. A 1661 English statute (13 Car. \n2, St. 2, ch. 1) prohibiting the holding of public office \nby anyone who would not take the Anglican sacrament \nand the oaths ofsupremacy and allegiance. -The Act \nwas repealed by the Promissory Oaths Act of 1871. \ncorporation counsel. See COUNSEL. \ncorporation court. See COURT. \nCorporation for National and Community Service. \nA federal corporation that fosters civic responsibil\nity, provides educational opportunity for those who \ncontribute services, and oversees AmeriCorps (the \ndomestic Peace Corps), Learn and Serve America, and \nthe National Senior Service Corps . It was established \nin 1993.42 USCA  12651. \ncorporator (kor-pJ-ray-tdr). (18c) 1. A member of a cor\nporation. 2. INCORPORATOR. \n\"Usually, a member of a corporation, in which sense it \nincludes a stockholder; also, one of the persons who are \nthe original organizers or promoters of a new corporation. \nThe corporators are not the corporation, for either may \nsue the other.\" William C. Anderson, A Dictionary of Law \n266 (1889). \ncorporeal (kor-por-ee-JI), adj. (15c) Having a physical, \nmaterial existence; TANGIBLE <land and fixtures are \ncorporeal property>. Cf. INCORPOREAL. -corpore\nality, n. \ncorporeal hereditament. See HEREDITAMENT. \ncorporeal ownership. See OWNERSHIP. \ncorporeal possession. See POSSESSION. \n\n395 \ncorporeal property. See PROPERTY. \ncorporeal thing. See THING. \ncorps diplomatique (kor dee-pl;J-ma-teek). DIPLOMATIC \nCORPS. \ncorpus (kor-p;Js), n. [Latin \"body\"] 1. The property for \nwhich a trustee is responsible; the trust principal. \nAlso termed res; trust estate; trust fund; trust property; \ntrust res; trust. [Cases: Trusts (::::> 1.] 2. PRINCIPAL (4). \nPI. corpora (kor-p;J-r;J), corpuses (kor-p;J-s;Jz). \ncorpus comitatus (kor-p;Js kom-;J-tay-t;Js). [Latin \"the \nbody of a county\"] Hist. The area within a territorial \njurisdiction rather than on the \"high seas\" and hence \nwhere admiralty jurisdiction did not originally extend. \nSee INFRA CORPUS COMITATUS. \ncorpus corporatum (kor-p;Js kor-p;J-ray-t;Jm). [Latin] \nHist. A corporate body; a corporation. \ncorpus cum causa (kor-p;Js bm kaw-z;J). [Law Latin \n\"the body with the cause\"] Hist. A writ issuing out of \nChancery to remove both a person and a record from \nan inferior court in order to review a judgment issued \nby the inferior court. \n''The first use of the writ to challenge imprisonment was in \ncases of privilege; an officer of a central court, or a litigant \nthere, could be released from imprisonment in another \ncourt by writ of privilege in habeas corpus form. The Court \nof Chancery at the same time developed a similar proce\ndure for reviewing the cause of imprisonment in an inferior \ntribunal; this species of writ was called corpus cum causa, \nand it became a common remedy against the misuse of \nborough jurisdiction in the fifteenth century.\" J.H. Baker, An \nIntroduction to English Legal History 168 (3d ed. 1990). \ncorpus delicti (kor-p;Js d;J-lik-tI or -tee). [Latin \"body \nof the crime\"] (1818) 1. The fact of a transgression; \nACTUS REUS. [Cases: Criminal Law (::::>26; Homicide \n(::::>511.] \n\"[Tlhe definition of 'corpus delicti' often becomes impor\ntant. (a) Essentially it signifies merely the fact of the \nspecific loss or injury sustained, e.g., death of a victim \nor burning of a house. (b) To this is added also, by most \ncourts, the criminal agency of"}
{"text": "a victim \nor burning of a house. (b) To this is added also, by most \ncourts, the criminal agency of some person (i.e., not mere \naccident). (c) A few courts also include evidence of the \naccused's identity with the deed; but this is absurd, for \nit virtually signifies making 'corpus delicti' synonymous \nwith the whole charge. -Many courts treat this rule with \na pedantic and unpractical strictness.\" John H. Wigmore, A \nStudents' Textbook ofthe Law ofEvidence 310 (1935). \n\"One of the important rules of evidence in criminal cases \nis that which requires proof of the corpus delicti. Literally \ndefined this term means 'the body of the offense,' or 'the \nsubstance of the crime.' In popular language it is used to \ndescribe the visible evidence of the crime, such as the dead \nbody of a murdered person. Properly used, however, it is \napplicable to any crime and relates particularly to the act \nelement of criminality; that is, that a certain prohibited act \nhas been committed or result accomplished and that it was \ncommitted or accomplished by a criminal human agency.\" \nJustin Miller, \"The Criminal Act,\" in Legal Essays in Tribute \nto Orrin Kip McMurray at 469, 478 (1935). \n\"The phrase 'corpus delicti' does not mean dead body, but \nbody of the crime, and every offense has its corpus delicti. \nIts practical importance, however, has been very largely \nlimited to the homicide cases. It concerns the usability \nin a criminal case of a confession made by the defendant \noutside of court.\" Rollin M. Perkins & Ronald N. Boyce, \nCriminal Law 140 (3d ed. 1982). Corpus Juris Civilis \n2. Loosely, the material substance on which a crime \nhas been committed; the physical evidence ofa crime, \nsuch as the corpse of a murdered person . Despite \nthe common misunderstanding, a victim's body could \nbe evidence ofa homicide but the prosecutor does not \nhave to locate or present the body to meet the corpus \ndelicti requirement. \ncorpus delicti rule. (1926) Criminal law. The doctrine \nthat prohibits a prosecutor from proving the corpus \ndelicti based solely on a defendant's extrajudicial state\nments . The prosecution must establish the corpus \ndelicti with corroborating evidence to secure a convic\ntion. [Cases: Criminal Law (::::>412(6),517.3.] \ncorpus juris (kor-p;Js joor-is). [Latin \"body of law\"] \n(1832) The law as the sum or collection oflaws <Corpus \nJuris Secundum>. -Abbr. C,J. \ncorpus juris Angliae (kor-p;Js joor-is ang-glee-ee). The \nentire body of English law, comprising the common \nlaw, statutory law, equity, and special law in its various \nforms. \nCorpus Juris Canonici (kor-p;Js joor-is b-nOn-;J-sI). \n[Latin] Hist. The body ofthe canon law, compiled from \nthe decrees and canons ofthe Roman Catholic Church. \n The Corpus Juris Canonici emerged during the 12th \ncentury, beginning with the publication of Gratian's \nDecretum (c. 1140). In addition to the Decretum, it \nincludes Raymond of Pefiaforte's Liber Extra (1234), \nthe Liber Sextus of Pope Boniface VIII (1298), the Cle\nmentines of Pope Clement V (1313), the Extravagantes \nJoannis of Pope John XXII (1325), and Extravagantes \nCommunes published by Pope John's successors (1499\n1502). In 1582, the entire collection was edited by a \ncommission ofchurch dignitaries and officially named \nthe Corpus Juris Canonici. It remained the Catholic \nChurch's primary body oflaw until the promulgation \nof the Code of Canon Law in 1917, now replaced by \nthat of 1983. \n\"After Gratian, later papal enactments, called 'decretals,' \nwere collected and issued by the authority of various \npopes.... A revised edition of such 'decretals' ... was \npresented to Pope Gregory IX in 1234 -only a short while, \ntherefore, after the final form of Magna Carta in 1225 \nand issued by him with statutory force. The revision freely \nmade changes in the text of the enactments and the \nresulting compilation in four 'books' was regarded as a \n'Code,' corresponding to the 'Code' of Justinian, just as \nthe Decretum of Gratian corresponded to the Digest.... \nAll these compilations and collections were, from the six\nteenth century on, known as the Corpus Juris Canonici, \nthe 'Body of Canon Law,' and formed the basis of the law \nadministered in the Church courts.\" Max Radin, Handbook \nofAnglo-American Legal History 33-34 (1936). \nCorpus Juris Civilis (kor-p;Js joor-is s;J-vil-is or s;J-vI-lis). \nThe body ofthe civil law, compiled and codified under \nthe direction of the Roman emperor Justinian in A.D. \n528-556 . The collection includes four works -the \nInstitutes, the Digest (or Pandects), the Code, and the \nNovels. The title Corpus Juris Civilis was not original, \nor even early, but was modeled on the Corpus Juris \nCanonici and given in the 16th century and later to \neditions ofthe texts ofthe four component parts ofthe \nRoman law. See ROMAN LAW. Cf. JUSTINIAN CODE. \n\n396 corpus possess;onis \ncorpus possession is (kor-pds pd-zes[h]-ee-oh-nis)_ \n[Latin] Roman law_ The physical aspect ofpossession_ \nSee animus possidendi under ANIMUS_ \ncorpus pro corpore (kor-pds proh kor-pd-ree). [Latin] \nHist. Body for body. _ This phrase commonly expressed \nthe liability ofa surety in a civil action (a mainpernor). \nSee MAINPRISE. \ncorreal (kor-ee-dl or kd-ree-dl), adj. [fr. Latin correus \n\"codebtor\"] Roman law. Ofor relating to liability that is \njoint and several. _ A correal debtor who paid an entire \nobligation had no right ofaction against a codebtor. See \nCORREUS; SOLIDARY. \n\"If Aulus, having first obtained from Titius the promise \nof a hundred aurei, turned to Seius and said, Spondesne \nmihi, Sei, cosdem centum aUl\"eos dal\"e? (Do you engage, \nSeius, to give me the same one hundred aurei?), then if \nSeius answered, Spondeo, there was one single obligation \nfor a hundred aurei, binding in full on each of the two \ndebtors. Aulus could demand a hundred from Titius or \na hundred from Seius, and in case of non-payment could \nsue either one, taking his choice between them, for the \nfull amount. If either paid the hundred, whether willingly \nor by compulsion, the other was released: for there was \nbut one debt, and that was now discharged. This kind of \nobligation is called correal obligation (correal, from con, \nand I\"eus or I\"ei, connected parties, parties associated in \na common debt or credit).\" James Hadley, Introduction to \nRoman Law 258 (1881). \ncorreality (kor-ee-al-;Hee), n. The quality or state of \nbeing correal; the relationship between parties to an \nobligation that terminates when an entire payment is \nmade by one of two or more debtors to a creditor, or \na payment is made by a debtor to one of two or more \ncreditors, \n\"But there were circumstances. apart from indivisibility, in \nwhich each of the parties might be liable in full. .. Several \nwere liable or entitled. each in solidum, under an obliga\ntion, but the thing was due only once. Satisfaction by, or to, \none of those liable, or entitled. ended the whole obligation, \nand action by one of the joint creditors, or against one of \nthe debtors, not only 'novated' the obligation between the \nactual parties. but destroyed it altogether as against the \nothers. This relation is commonly called correality (correi \ndebendi vel credendi),\" w.w. Buckland, A Manual ofRoman \nPrivate Law 349-50 (2d ed. 1939). \ncorreal obligation. See OBLIGATION. \ncorrected policy. See INSURANCE POLICY. \ncorrection, n. (14c) 1. Generally, the act or an instance \nof making right what is wrong <mark your correc\ntions in red ink>. 2. A change in business activity or \nmarket price follOWing and counteracting an increase \nor decrease in the activity or price <the broker advised \ninvestors to sell before the inevitable stock-market cor\nrection>. See DOWN REVERSAL. 3. (usu. pI.) The pun\nishment and treatment ofa criminal offender through \na program of imprisonment, parole, and probation \n<Department of Corrections>. -correct, vb. cor\nrective (for senses 1 & 2), correctional (for sense 3), \nadj. \ncorrection, house of. See house ofcorrection under \nHOUSE. \ncorrectional institution. See PRISON. correctional system. A network of governmental \nagencies that administer a jurisdiction's prisons and \nparole system. \ncorrective advertising. Advertising that informs con\nsumers that earlier advertisements contained a decep\ntive claim, and that provides consumers with corrected \ninformation. -This type ofadvertising may be ordered \nby the Federal Trade Commission. \ncorrector ofthe staple. Hist. A clerk who records mer\nchants' transactions at a staple. See STAPLE (2). \ncorrei credendi (kor-ee-I kri-den-dI). [Latin] Roman law. \nJoint creditors. -Also termed correi stipulandi (stip\nya-Ian-dr). See STIPULATIO. \n\"The mode for stipu/atio is stated in the Institutes. Of \nseveral stipulators (correi credendi, active correality) each \nasks the debtor and he answers once for all. Of several \npromisors (correi debendi, passive correality) the creditor \nasks each and they answer together.\" w.w. Buckland, A \nManual ofRoman Private Law 350 (2d ed. 1939). \ncorrei debendi (kor-ee-l di-ben-dI). [Latin] Roman & \nScots law. Joint debtors. -Also termed correi promit\ntendi (proh-mi-ten-dI). See STlPULATIO. \n\"Correi Debendi -The name given by the Roman law to \npersons jointly bound.... In the Scotch law. if bound sever\nally, and not jointly and severally, each IS bound only for \nhis share, whatever be the responsibility of the others.\" \nHugh Barclay, A Digest of the Law ofScotland 196 (3d ed. \n1865). \ncorrei stipulandi. See COR REI CREDENDI. \ncorrelative (kd-rel-;l-tiv), adj. (16c) 1. Related or corre\nsponding; analogous. 2. Having or involving a recipro\ncalor mutually interdependent relationship <the term \nright is correlative with duty>. \ncorrelative-rights doctrine. (1938) 1. Water law. The \nprinciple that adjoining landowners must limit their \nuse ofa common water source to a reasonable amount. \n[Cases: Waters and Water Courses lOL] \n\"Under the correlative rights doctrine .. , rights to ground\nwater are determined by land ownership. However, owners \nof land overlying a single aquifer are each limited to a \nreasonable share of the total supply of groundwater. The \nshare is usually based on the acreage owned.\" David H. \nGetches, Water Law in a Nutshell 249 (3d ed. 1997). \n2. Oil & gas. The rule that a lessee's or landowner's right \nto capture oil and gas from the property is restricted \nby the duty to exercise that right without waste or neg\nligence . This is a corollary to the rule ofcapture. Cf. \nRULE OF CAPTURE (4). [Cases: Mines and Minerals C:=> \n47.] \ncorrespondence audit. See AUDIT. \ncorrespondent. n. (17c) 1. The writer of a letter or \nletters. 2. A person employed by the media to report \non events. 3. A securities firm or financial institution \nthat performs services for another in a place or market \nthat the other does not have direct access to. cor\nrespond, vb. \ncorrespondent bank. See BANK. \ncorresponding promise. See PROMISE. \ncorresponding secretary. See SECRETARY. \n\n397 \ncorreus (kor-ee-<ls), n. [Latin] Roman law. 1. A codebtor \nin a contract; a joint debtor. 2. A co-creditor in a \ncontract; a joint creditor. PI. correi (kor-ee-I). See STIP\nULATIO. \ncorrigendum (kor-Cl-jen-d<lm), n. [Latin \"correction\"] \nAn error in a printed work discovered after the work \nhas gone to press. -Also termed erratum. PL corri\ngenda (kor-<l-jen-dCl). \ncorroborate (b-rob-Cl-rayt), vb. To strengthen or \nconfirm; to make more certain <the witness corrobo\nrated the plaintiff's testimony>. \ncorroborating evidence. See EVIDENCE. \ncorroborating witness. See WITNESS. \ncorroboration (k,,-rob-<l-ray-sh;m), n. (l6c) 1. Confir\nmation or support by additional evidence or author\nity <corroboration ofthe witness's testimony>. [Cases: \nWitnesses (;:::>41O-416.J 2. Formal confirmation or rat\nification <corroboration ofthe treaty>. corroborate, \nvb. corroborative (k;Hob-d-rd-tiv), adj. -corrobo\nrator (kd-rob-<l-ray-t<lr), n. \ncorroborative evidence. See corroborating evidence \nunder EVIDENCE. \ncorrody. See CORODY. \ncorrupt, adj. 1. Having an unlawful or depraved motive; \nesp., influenced by bribery. 2. Archaic. (Of a person) "}
{"text": "ful or depraved motive; \nesp., influenced by bribery. 2. Archaic. (Of a person) \nsubject to corruption ofblood. \n\"[Tlhere are divers offences made Treason by Act of Parlia \nment, whereof, though a Man be Attaint, yet his Blood. \nby Provisoes therein, is not corrupt, nor shall he forfeit \nany thing ....\" Thomas Blount, Noma-Lexicon: A Law \nDictionary (1670). \ncorrupt, vb. 1. To change (a person's morals or principles) \nfrom good to bad. 2. To destroy or diminish the quality \nand usefulness of an electronic or mechanical device \nor its components. 3. Archaic. To impose corruption of \nblood on (a person). \n. corrupting, n. See IMPAIRING THE MORALS OF A \nMINOR. \ncorruption. (l4c) 1. Depravity, perversion, or taint; an \nimpairment ofintegrity, virtue, or moral principle; esp., \nthe impairment of a public official's duties by bribery. \n[Cases: Officers and Public Employees (;:::> 121.J \n\"The word 'corruption' indicates impurity or debasement \nand when found in the criminal law it means depravity or \ngross impropriety.\" Rollin M. Perkins & Ronald N. Boyce, \nCriminal Law 855 (3d ed. 1982). \n2. The act of doing something with an intent to give \nsome advantage inconsistent with official duty and the \nrights ofothers; a fiduciary's or official's use ofa station \nor office to procure some benefit either personally or for \nsomeone else, contrary to the rights of others. \ncorruption in office. See official misconduct under MIS\nCONDUCT. \ncorruption ofa minor. See IMPAIRING THE MORALS OF \nAMINOR. \ncorruption of blood. A defunct doctrine, now con\nsidered unconstitutional, under which a person loses cost \nthe ability to inherit or pass property as a result of an \nattainder or of being declared civilly dead. -Also \ntermed corruption ofthe blood. See ATTAINDER; civil \ndeath (1) under DEATH. \n\"Corruption of blood is, when anyone is attainted offelony \nor treason, then his blood is said to be corrupt; by means \nwhereof neither his children, nor any of his blood, can be \nheirs to him, or to any other ancestor, for that they ought to \nclaim by him. And if he were a noble or gentleman before, \nhe and all his children are made thereby ignoble and \nungentle ....\" Termes de fa Ley 125 (1 st Am. ed. 1812). \ncorruptly, adv. (16c) In a corrupt or depraved manner; by \nmeans ofcorruption or bribery . As used in criminal\nlaw statutes, corruptly usu. indicates a wrongful desire \nfor pecuniary gain or other advantage. \ncorrupt-motive doctrine. (1962) Criminal law. The rule \nthat conspiracy is punishable only if the agreement was \nentered into with an evil purpose, not merely with an \nintent to do the illegal act.  This doctrine -which \noriginated in People v. Powell, 63 N.Y. 88 (1875) has \nbeen rejected by the Model Penal Code. -Also termed \nPowell doctrine. [Cases: Conspiracy (;:::>24.5.] \ncorrupt-practices act. (1897) A federal or state statute \nthat regulates campaign contributions and expendi\ntures as well as their disclosure. [Cases: Elections \n317.1.] \ncorsnaed, n. See ordeal ofthe morsel under ORDEAL \ncorsned, n. See ordeal ofthe morsel under ORDEAL. \ncorvee seigneuriale (kor-vay sen-yuu-ree-ahl). [FrenchJ \nHist. Services due the lord of the manor. -Often short\nened to corvee. \ncosen, vb. See COZEN. \ncosening, n. See COZENING. \ncosign, vb. (1967) To sign a document along with another \nperson, usu. to assume obligations and to supply credit \nto the principal obligor. -cosignature, n . \ncosigner. See COMAKER. \ncosinage (k;)z-;m-ij). Hist. A writ used by an heir to secure \nthe right to land held by a great-great-grandfather or \ncertain collateral relatives. -Also spelled cosenage; \ncousinage. Also termed consanguineo; de consan\nguineo; de consanguinitate. Cf. AIEL; BESAYEL \n\"[Tlhere is the closest possible affinity between the Mort \nd'Ancestor and the action of Cosinage. If I claim the seisin \nof my uncle, I use the one; if I claim the seisin of a first \ncousin, I use the other. But procedurally, the two stand \nfar apart.\" 2 Frederick Pollock & Frederic William Maitland, \nHistory ofEnglish Law Before the Time ofEdward f 569 (2d \ned.1899). \ncosmetic damages. See DAMAGES. \ncost, n. (13c) 1. The amount paid or charged for some\nthing; price or expenditure. Cf. EXPENSE. \naboriginal cost. 'The cost of an asset incurred by the \nfirst company to use it for public utilities. \nacquisition cost. (I926) 1. An asset's net price; the \noriginal cost of an asset. -Also termed historical \ncost; original cost. 2. See LOAD. \n\nafter cost. A delayed expense; an expense, such as one \nfor repair under a warranty, incurred after the prin\ncipal transaction. \napplied cost. A cost appropriated to a project before it \nhas been incurred. \naverage cost. The sum ofthe costs ofbeginning inven\ntory and the costs of later additions divided by the \ntotal number ofavailable units. \naverage variable cost. The average cost per unit of \noutput, arrived at by dividing the total variable \nexpenses of production by the total units of output. \nCf. LONG-RUN INCREMENTAL COST. \navoidable cost. A cost that can be averted if produc\ntion is held below a certain level so that additional \nexpenses will not be incurred. \ncarrying cost. 1. Accounting. The variable cost of \nstocking one unit of inventory for one year. \nCarrying cost includes the opportunity cost of the \ncapital invested in the inventory. -Also termed cost \nofcarrying. 2. A current charge or noncapital expen\nditure made to prevent the causing or accelerating of \nthe termination of a defeasible estate, as well as the \nsums spent on repairs required by the duty to avoid \npermissive waste. \ncommon cost. See indirect cost. \ncost ofcompletion. (1852) Contracts. An element of \ndamages based on the expense that would be incurred \nby the nonbreaching party to finish the promised per\nformance. [Cases: Damages (:::::>120, 121.] \ndirect cost. (1818) The amount of money for material, \nlabor, and overhead to produce a product. \ndistribution cost. Any cost incurred in marketing a \nproduct or service, such as advertising, storage, and \nshipping. \nfixed cost. (1894) A cost whose value does not fluctu\nate with changes in output or business activity; esp., \noverhead expenses such as rent, salaries, and depre\nciation. Also termed fixed charge;fixed expense. \nflotation cost. (usu. pl.) A cost incurred in issuing addi\ntional stock. \nhistorical cost. See acquisition cost. \nimplicit cost. See opportunity cost. \nindirect cost. (1884) A cost that is not specific to the \nproduction of a particular good or service but that \narises from production activity in general, such as \noverhead allocations for general and administrative \nactivities. Also termed common cost. \nmanufacturing cost. The cost incurred in the produc\ntion ofgoods, including direct and indirect costs. \nmarginal cost. (1891) The additional cost incurred in \nproducing one more unit ofoutput. \nmitigation cost. A party's expenditures to reduce an \nexisting harm so that further damage might be halted, \nslowed, or diminished. [Cases: Damages C='42, 45.] mixed cost. A cost that includes fixed and variable \ncosts. \nnet book cost. The cost of property when it was first \nacquired or devoted to pUblic use, minus accumulated \ndepreciation. Also termed rate-base value. \nnet cost. The cost of an item, arrived at by subtracting \nany financial gain from the total cost. \nopportunity cost. (1894) The cost ofacquiring an asset \nmeasured by the value of an alternative investment \nthat is forgone <her opportunity cost of $1,000 in \nequipment was her consequent inability to invest that \nmoney in bonds>. Also termed implicit cost. \noriginal cost. See acquisition cost (1). \nprime cost. The true price paid for goods on a bona \nfide purchase. \nprophylactic cost. A party's expenditures to prepare \nproperty to withstand or prevent potential future \nharm. These costs are not related to any existing \nproperty damage and are usu. not recoverable under \ninsurance contracts. [Cases: Insurance (:::::>2277.] \nreplacement cost. (1928) The cost of a substitute asset \nthat is equivalent to an asset currently held. The \nnew asset has the same utility but mayor may not be \nidentical to the one replaced. \nsocial cost. 'Ine cost to society ofany particular practice \nor rule <although automobiles are undeniably benefi\ncial to society, they carry a certain social cost in the \nlives that are lost every year on the road>. \nsunk cost. (1916) A cost that has already been incurred \nand that cannot be recovered. \ntangible cost. Oil & gas. A particular expense asso\nciated with drilling, such as the costs incurred for \nmaterials and land. -Drilling and testing costs are \nconsidered intangible. \ntransaction cost. (usu. pI.) A cost connected with a \nprocess transaction, such as a broker's commission, \nthe time and effort expended to arrange a deal, or the \ncost involved in litigating a dispute. \nunit cost. The cost of a single unit of a product or \nservice; the total manufacturing cost divided by the \nnumber of units. \nvariable cost. (1953) The cost that varies in the short \nrun in dose relationship with changes in output. \n2. (pl.) The charges or fees taxed by the court, such \nas filing fees, jury fees, courthouse fees, and reporter \nfees. Also termed court costs. 3. (pl.) The expenses of \nlitigation, prosecution, or other legal transaction, esp. \nthose allowed in favor of one party against the other. \n Some but not all states allow parties to claim attor\nney's fees as a litigation cost. -Also termed (in sense \n3) litigation costs. [Cases: Costs (:::::>2, 146-194, 194.16; \nFederal Civil ProcedureC--'-J2721-2748.] \naccruing costs. Costs and expenses incurred after \njudgment. \ncosts ofincrease. See COSTS OP INCREASE. \n\n399 \ncosts ofthe day. Costs incurred in preparing for trial. \ncosts to abide event. Costs incurred by a success\nful party who is entitled to an award of those costs \nincurred at the conclusion of the matter; esp., appel\nlate court's order for payment of costs to the party \nwho finally prevails in a proceeding that has been \nreturned to a lower court. [Cases: Costs ~69.1 \ninterlocutory costs. Costs incurred during the \npendency ofan appeal. \ntaxable cost. A litigation-related expense that the \nprevailing party is entitled to as part of the court's \naward. [Cases: Costs C=)2; Federal Civil Procedure \n~2735.1 \ncost accounting. See cost accounting method under \nACCOUNTING METHOD. \ncost accounting method. See ACCOUNTING METHOD. \ncost and freight. A mercantile-contract term allocat\ning the rights and duties of the buyer and the seller \nof goods with respect to delivery, payment, and risk \nofloss, whereby the seller must (1) clear the goods for \nexport, (2) arrange for transportation by water, and (3) \npay the costs of shipping to the port of destination. \n-When the goods are safely stowed on the receiving \nship while docked, the seller's delivery is complete; \nthe risk of loss then passes to the buyer. This term is \nused only when goods are transported by sea or inland \nwaterway. -Abbr. CF; CFR; C&F; CandF. Cf. COST, \nINSURANCE, AND FREIGHT; FREE ON BOARD. [Cases: \nSales ~77(2), 202(5).] \ncost approach. (1949) A method of appraising real \nproperty, based on the cost of building a new structure \nwith the same utility, assuming that an informed buyer \nwould pay no more for the property than it would cost \nto build a new structure having the same usefulness. \nCf. MARKET APPROACH; INCOME APPROACH. [Cases: \nTaxation C=348(4).] \n. cost basis. See BASIS (2). \ncost-benefit analysis. (1963) An analytical technique \nthat weighs the costs ofa proposed decision, holding, \nor project against the expected advantages, economic \nor otherwise. \ncost bill. See bill ofcosts under BILL (2). \ncost bond. See BOND (2). \ncost-book mining company. An association ofpersons \norganized for the purpose of working mines or lodes, \nwhose capital stock is divided into shares that are trans\nferable without the consent of other members. -The \nmanagement ofthe mine is entrusted to an agent called \na purser. [Cases: Mines and Minerals ~101.] \ncost depletion. Oil &gas. The recovery ofan oil-and-gas \nproducer's basis (i.e., investment) in a producing well by \ndeducting the basis proportionately over the producing \nlife of the well. Treas. Reg.  1.611-2. Cf. PERCENTAGE \nDEPLETION. \n\"Under cost depletion, the taxpayer in an oil and gas \nproperty deducts the basis in the property from the income \nas oil and gas are produced and sold. Cost depletion is cost-of-living clause \ncalculated by a formula ... [that] relates the recovery of the \ntaxpayer'"}
{"text": "tion is cost-of-living clause \ncalculated by a formula ... [that] relates the recovery of the \ntaxpayer's investment to the proportion that the current \nunit sales of oil and gas bear to the total anticipated sales \nof oil and gas from the property. The investment is recov\nered ratably over the life of the reserves.\" John S. lowe. Oil \nand Gas Law in a Nutshell 353 (3d ed. 1995). \ncost, insurance, and freight. A mercantile-contract term \nallocating the rights and duties of the buyer and the \nseller of goods with respect to delivery, payment, and \nrisk ofloss, whereby the seller must (1) clear the goods \nfor export, (2) arrange for transportation by water, (3) \nprocure insurance against the buyer's risk of damage \nduring carriage, and (4) pay the costs of shipping to the \nport ofdestination. -The seller's delivery is complete \n(and the risk ofloss passes to the buyer) when the goods \nare loaded on the receiving ship while docked in the \nport of shipment. This term is used only when goods \nare transported by sea or inland waterway. -Abbr. \nClF. Cf. COST AND FREIGHT; FREE ON BOARD. [Cases: \nSales ~77(2).1 \n\"'C.Lf.' is a mercantile symbol that is commonly used in \ninternational sales contracts. It is defined by section 2-320 \nof the UCC and by the Incoterms 1953 and the Revised \nAmerican Foreign Trade Definitions 1941. Under all of \nthese definitions the letters 'c.iJ.' mean that the price \ncovers the cost of the goods, the cost of insuring them \nfor the benefit of the order of the buyer, and the cost of \ncarrying\\ them to the named pOint, al most always the des \ntination. like the other mercantile symbols, the meaning of \n'C.I.F.' may be varied by agreement.\" William D. Hawkland, \nUniform Commercial Code Series  2320:01 (1984). \nelFdestination. A contractual term denoting that the \nprice includes in a lump sum the cost of the goods \nand the insurance and freight to the named destina\ntion. Also termed ClFplace ofdestination. [Cases: \nSales~77(2).] \ncost justification. (1938) Under the Robinson-Patman \nAct, an affirmative defense against a charge of price \ndiscrimination dependent on the seller's showing that \nit incurs lower costs in serving those customers who \nare paying less. 15 USCA  13(a). \ncost-of-capital method. A means of measuring a utility's \ncost of acquiring debt and equity capital. -Regulatory \ncommissions often use this method to determine a fair \nrate of return for the utility's investors. [Cases: Gas \n14.4(10); Public Utilities ~129.] \ncost ofcarrying. See carrying cost under COST (1). \ncost of completion. See COST (1). \ncost-of-living adjustment. An automatic increase or \ndecrease in the amount of money, usu. support or \nmaintenance, to be paid by one party to another, the \nadjustment being tied to the cost-of-Iiving-adjustment \nfigures maintained and updated by the federal govern\nment. Abbr. COLA. \ncost-of-living clause. (1953) A provision (as in a contract \nor lease) that gives an automatic wage, rent, or benefit \nincrease tied in some way to cost-of-living rises in the \neconomy. - A cost-oC-living clause may also cover a \ndecrease, though this is rare. See INFLATION. [Cases: \nLandlord and Tenant ~200.7.] \n\n400 cost-of-living index \ncost-of-living index. See CONSUMER PRICE INDEX. \ncost-plus contract. See CONTRACT. \ncost-push inflation. See INFLATION. \ncosts de incremento. See COSTS OF INCREASE. \ncosts of collection. (1833) Expenses incurred in receiv\ning payment of a note; esp., attorney's fees incurred \nin the effort to collect a note. [Cases: Bills and Notes \n(>534.J \ncosts ofincrease. Costs ofcourt awarded in addition to \nwhat a jury awards. Juries usu. awarded the success\nful party only a small sum for costs. A party wishing \nto recoup the additional costs had to file an affidavit of \nincrease setting forth what further costs were incurred \nby taking the matter through trial. -Also termed costs \nde incremento. See affidavit ofincrease under AFFIDA\nVIT. [Cases: Costs (>66; Federal Civil Procedure (> \n2721-2748.J \ncosts ofthe day. See COST (3). \ncosts to abide event. See COST (3). \ncosurety. A surety who shares the cost of perform\ning suretyship obligations with another. See SURETY. \n[Cases: Principal and Surety (>62, 191-200.J \ncosuretyship. The relation between two or more sureties \nwho are bound to answer for the same duty of the \nprincipal, and who are jointly responsible for any loss \nresulting from the principal's default. \ncotarius (k;l-tair-ee-~s). [Law Latin] Hist. A socage\ntenure serf who holds land by paying rent and provid\ning some personal services to the lord . Both cotarius \nand coterellus serfs were also known as cottagers. Cf. \nCOTERELLUS. \ncotenancy. See TENANCY. \ncoterellus (kot-~-rel-~s). [Law LatinJ Hist. A serf who \ninhabits a cottage; a servile tenant whose person, issue, \nand goods are at the disposal of the lord. -Also spelled \ncoterell. Cf. COTARIUS. \n\"Coterellus .... A cottager. Considered by Spelman and \nothers, the same with cotarius. But Cowell makes the dis\ntinction that the cotarius had free socage tenure, and paid \na stated firm (rent) in provisions or money, with some occa\nsional customary service; whereas the coterellus seemed \nto have held in mere Villenage, and had his person and \nissue and goods disposed at the pleasure of the lord.\" 1 \nAlexander M. Burrill, A Law Dictionary and Glossary 387 \n(2d ed. 1867). \ncoterminous (koh-t~r-m~-n~s), adj. (18c) 1. (Of ideas or \nevents) coextensive in time or meaning <Judge Smith's \ntenure was coterminous with Judge Jasper's>. 2. CON\nTERMINOUS (1). \ncotland (kot-l~nd). Hist. Land held by a cottager, whether \nin socage or villeinage tenure. \ncotortfeasor (koh-tort-fee-z~r). One who, together with \nanother, has committed a tort. See TORTFEASOR. [Cases: \nTorts (>134.] \ncotrustee. One of two or more persons in whom the \nadministration of a trust is vested . The cotrustees \nform a collective trustee and exercise their powers jointly. -Also termed joint trustee. See TRUSTEE. \n[Cases: Trusts (>238.J \ncotset (kot-set). Hist. A villein who provides labor to a \nlord in exchange for a cottage and plot ofland. -Also \ntermed cotsetus. \ncottier (kot-ee-~r). 1. Hist. A serf who lives in a cottage; a \ncottager.  Over time, cottier has come to refer to a day \nlaborer or a rural dweller. 2. Hist. Irish law. A tenant \nwho leases a house and a small (usu. two acre or less) \nplot ofland. \ncouchant and levant (kow-ch~nt / lev-~nt), adj. See \nLEVANT AND COUCHANT. \ncouncil. (12c) 1. A deliberative assembly <the U.N. \nSecurity Council>. \ncommon council. 1. In some cities, the lower branch \nof a city council. [Cases: Municipal Corporations \n(>82.] 2. In some cities, the city's governing board. \n[Cases: Municipal Corporations (>80.J \ngeneral council. A body ofelected persons who repre\nsent all the citizens of a territory or members of an \norganization. \nselect council. In some cities, the upper branch of a \ncity council. \n2. An administrative or executive body <a parish \ncouncil>. \ncouncillor. See COUNCILOR. \nCouncil of Economic Advisers. A three-member \ncouncil in the Executive Office ofthe President respon\nsible for analyzing the national economy and advising \nthe President on economic matters . Created by the \nEmployment Act of 1946, it now functions under \nReorganization Plan No.9 of 1953. Its members are \nappointed by the President with the advice and consent \nof the Senate. -Abbr. CEA. \nCouncil of the North. Hist. A body used by the Tudors \nto administer the northern parts of England (esp. \nYorkshire) during the 16th and 17th centuries . The \ncouncil probably predated the Tudors, but Henry VIII \nrevived it. In addition to enforcing Crown policy in the \nnorthern territories, the appointees (many of whom \nwere lawyers) exercised wide criminal and civil juris\ndiction. The Council disbanded ca. 1640. \nCouncil on Environmental Quality. A three-member \ncouncil in the Executive Office ofthe President respon\nsible for developing and recommending national policy \non environmental quality . The council was created \nby the National Environmental Policy Act of 1969. \nIts members are appointed by the President with the \nadvice and consent of the Senate. 42 USCA  4321 et \nseq. &  4371 et seq. -Abbr. CEQ. [Cases: Environ\nmental Law (>571.J \ncouncilor, n. (i5c) A person who serves on a council, esp. \nat the local level. -Also spelled councillor. -council\nlorship, n. \ncounsel, n. (13c) 1. Advice or assistance <the lawyer's \ncounsel was to petition immediately for a change of \n\nimmigration status>. 2. One or more lawyers who rep\nresent a client <the client acted on advice ofcounsel>. \nIn the singular, also termed counselor; counselor-at-law. I \nCf. ATTORNEY; LAWYER. 3. English law. A member of . \nthe bar; BARRISTER. \nadvisory counsel.!. An attorney retained merely to \ngive advice on a particular matter, as distinguished \nfrom one (such as trial counsel) actively participating \nin a case. 2. See standby counsel. \nappellate counsel. (1921) A lawyer who represents a \nparty on appeal.  The term is often used in contrast \nwith trial counsel. \nappointed counsel. See assigned counsel. \nassigned counsel. (17c) An attorney appointed by \nthe court to represent a person, usu. an indigent \nperson. Also termed court-appointed attorney; \ncourt-appointed counsel; appointed counsel; appointed \ncounsel.lCases: Criminal LawC=>1773; Federal Civil \nProcedure C:=:'1951; Trial~21.] \ncorporate counsel. An in-house attorney for a corpora\ntion. Cf. in-house counsel. \ncorporation counsel. A city attorney in an incorporated \nmunicipality. See CITY ATTORNEY. [Cases: Municipal \nCorporations C=-}214(3).] \ncounsel of record. See attorney of record under \nATTORNEY. \ncourt-appointed counsel. See aSSigned counsel. \nCum;s counsel. An independent attorney hired by a \ndefendant in a lawsuit in which the damages may be \ncovered by the defendant's insurer but a conflict of \ninterest between the defendant and the insurer makes \nit unreasonable for an attorney selected by the insurer \nto represent the defendant . The term derives from \nSan Diego Federal Credit Union v. Cumis Ins. Society, \nInc., 162 CaL App. 3d 358 (1984), in which the concept \nwas first clearly articulated. [Cases: Attorney and \nClient C:::. 21.5(5); Insurance <>2929.] \ngeneral counsel. (1848) 1. A lawyer or law firm that \nrepresents a client in all or most of the client's legal \nmatters, but that sometimes refers extraordinary \nmatters such as litigation and intellectual-property \ncases to other lawyers. 2. The most senior lawyer \nin a corporation's legal department, usu. also a COf\nporate officer. \nhouse counsel. See in-house counsel. \nindependent counsel. (1920) An attorney hired to \nprovide an unbiased opinion about a case or to \nconduct an impartial investigation; esp., an attorney \nappointed by a governmental branch or agency to \ninvestigate alleged misconduct within that branch \nor agency. See special prosecutor under PROSECUTOR. \nCf. special counsel. [Cases: United States C:::.:>40.] \nin-house counsel. (1974) One or more lawyers employed \nby a company. -Also termed house counsel; (when \nemployed by a corporation) corporate counsel. Cf. cor\nporate counsel. junior counsel. 1.1he younger or lower-ranking of two \nor more attorneys employed on the same side of a \ncase, esp. someone charged with the less important \naspects of the case. 2. English law. The barrister who \nassists Queen's CounseL \nKing's Counsel. See KING'S COU:-ISEL. \nlead counsel. (1956) 1. The more highly ranked lawyer \niftwo or more are retained; the lawyer who manages \nor controls the case or cases, esp. in class actions or \nmultidistrict litigation. -Also termed senior counsel; \nattorney in charge. 2. QUEEN'S COUNSEL; KING'S \nCOUNSEL. -Also termed leading counsel. \nlocal counsel. One or more lawyers who practice in \na particular jurisdiction and are retained by non\nresident counsel to help prepare and try a case or to \ncomplete a transaction in accordance with that juris\ndiction's law, rules, and customs. \nofcounsel. 1."}
{"text": "\ncomplete a transaction in accordance with that juris\ndiction's law, rules, and customs. \nofcounsel. 1. A lawyer employed by a party in a case; \nesp., one who although not the principal attorney \nof record is employed to assist in the preparation \nor management of the case or in its presentation on \nappeaL 2. A lawyer who is affiliated with a law firm, \nthough not as a member, partner, or associate. \nQueen's Counsel. See QUEEN'S COUNSEL. \nsenior counsel. 1. See lead counsel. 2. See KING'S \nCOUNSEL; QUEEN'S COUNSEL. \nsettlement counsel. See CIRCUIT MEDIATOR. \nspecial counsel. (1854) An attorney employed by the \nstate or a political subdivision to assist in a particu\nlar case when the public interest so requires. Also \ntermed special attorney. Cf. independent counsel. \n[Cases: Attorney General C:=:'2.] \nstandby counsel. An attorney who is appointed to be \nprepared to represent a pro se criminal defendant \nif the defendant's self-representation ends . The \nstandby counsel may also provide some advice and \nguidance to the defendant during the self-repre\nsentation. Also termed advisory counsel. [Cases: \nCriminal LawC=1834.] \ntrial counsel. (1928) 1. A lawyer who represents a party \nat trial.  The term is often used in contrast with \nappellate counsel. 2. Military law. The person who \nprosecutes a case on the government's behalf. \ncounsel, assistance of. See ASSISTANCE OF COUNSEL. \ncounsel, right to. See RIGHT TO COUNSEL. \ncounsel and procure. See AID AND ABET. \ncounselor. See COUNSEL (2). \ncounselor-at-law. See COUNSEL (2). \ncount, n. (l4c) Procedure. 1. The part of an indict\nment charging the suspect with a distinct offense. 2. \nIn a complaint or similar pleading, the statement of a \ndistinct claim. Cf. DECLARATION (7). [Cases: Federal \nCivil Procedure Pleading C=>53.] \n\"This word ... is in our old law-books used synonymously \nwith declaration .... But when the suit embraces two or \nmore causes of action (each of which of course requires a \n\n402 count \ndifferent statement), or when the plaintiff makes two or \nmore different statements of one and the same cause of \naction, each several statement is called a count, and all \nof them, collectively, constitute the declaration.\" 1 John \nBouvier, A Law Dictionary 245 (1839). \ncommon count. IIist. In a plaintiff's pleading in an \naction for debt, boilerplate language that is not \nfounded on the circumstances ofthe individual case \nbut is intended to guard against a possible variance \nand to enable the plaintiff to take advantage of any \nground ofliability that the proofmay disclose. In \nthe action for indebitatus assumpsit, the common \ncount stated that the defendant had failed to pay a \ndebt as' promised. See indebitatus assumpsit under \nASSUMPSIT. \ngeneral count. A count that states the plaintiffs claim \nwithout undue particularity. \nmoney count. Rist. A count, usu. founded on a simple \ncontract, giving rise to a claim for payment of \nmoney. \n\"Simple contracts, express or implied, resulting in mere \ndebts. are of so frequent occurrence as causes of action, \nthat certain concise forms of counts were devised for suing \nupon them. These are called the 'indebitatus' or 'money \ncounts.'\" 2 Stewart Rapalje & Robert L. lawrence, A Dierion \nayy ofAmeriCCln and English Law 833 (1883). \nmultiple counts. (1941) Several separate causes ofaction \nor charged offenses contained in a single pleading or \nindictment. [Cases: Indictment and Information ~ \n125, 126; Pleading \nomnibus count (ahm-ni-b<Js). A count that combines \ninto one count all money claims, claims for goods sold \nand delivered, claims for work and labor, and claims \nfor an account stated. \nseparate count. (18c) One of two or more criminal \ncharges contained in one indictment, each charge \nconstituting a separate indictment for which the \naccused may be tried. [Cases: Indictment and Infor\nmation ~97.] \nseveral count. One oftwo or more counts in a pleading, \neach ofwhich states a different cause ofaction. [Cases: \nPleading 53.] \nspecial count. (18c) A section ofa pleading in which the \nplaintiff's claim is stated with great particularity\nllSU. employed only when the pleading rules require \nspecificity. [Cases: Pleading ~18, 50.] \n3. A canvassing. See CANVASS (2).4. Hist. The plain\ntiff's declaration, or initial pleading, in a real action. \nSee DECLARATION (7). 5. Patents. The part ofa patent \napplication that defines the subject matter in a priority \ncontest (I.e., an interference) between two or more appli\ncations or between one or more applications and one \nor more patents. See INTERFERENCE (3). ICases: Patents \n(;:::lO6(2).] \ncount, vb. (l7c) 1. In pleading, to declare or state; to \nnarrate the facts that state a claim. 2. Rist. To plead \norally; to plead or argue a case in court. \ncounted vote. See VOTE (4). counter. Hist. An advocate or professional pleader; one \nwho counts (Le., orally recites) for a client.  Counters \nhad coalesced into an identifiable group practicing \nbefore the Common Bench by the beginning ofthe 13th \ncentury. They were the leaders of the medieval legal \nprofession, and over time came to be known as serjeants \nat law. -Also spelled countor; contor; counteur. See \nSERJEANT-AT-LAW. \ncounteraction. See COUNTERCLAIM. \ncounteraffidavit. See AFFIDAVIT. \ncounterbond. See BOND (2). \ncounterclaim, n. (18c) A claim for relief asserted against \nan opposing party after an original claim has been \nmade; esp., a defendant's claim in opposition to or as \na setoff against the plaintiff's claim. -Also termed \ncounteraction; countersuit; cross-demand. Cf. CROSS\nCLAIM. [Cases: Federal Civil Procedure ~775-784; \nPleading ~138; Set-off and Counterclaim \ncounterclaim, vb. counterdaimant, n. \n\"Under [Fed. R. Civ. P.] Rule 13 the court has broad discre\ntion to allow claims to be joined in order to expedite the \nresolution of all controversies between the parties in one \nsuit. Rule 13(c) specifically provides that the counterclaim\nant is not limited by recovery sought by the opposing party \nbut may claim relief in excess of that amount. Further, \nthe general legal rule is that it is immaterial whether a \ncounterclaim is legal or equitable for purposes of determin\ning whether it properly is brought under Rule 13.... The \nexpectation is that this liberal joinder policy will further the \nelimination of circuity of action and multiple litigation.\" 6 \nCharles Alan Wright et aI., FedeYCII PYClctice and Procedure \n 1403, at 15-16 (2d ed. 1990). \ncompulsory counterclaim. (1938) A counterclaim that \nmust be asserted to be cognizable, usu. because it \nrelates to the opposing party's claim and arises out of \nthe same subject matter.Ifa defendant fails to assert \na compulsory counterclaim in the original action, \nthat claim may not be brought in a later, separate \naction (with some exceptions). See Fed. R. Civ_ P. 13(a). \n[Cases: Federal Civil Procedure C-'--::;775; Judgment \n(;:::585(4); Set-off and Counterclaim] ~60.1 \npermissive counterclaim. (I924) A counterclaim that \nneed not be asserted to be cognizable, usu. because \nitdoes not arise out ofthe same subject matter as the \nopposing party's claim or involves third parties over \nwhich the court does not have jurisdiction . Permis\nsive counterclaims may be broughtin a later, separate \naction. See Fed. R. Civ. P. 13(b). \ncounter-complaint. See COMPLAINT. \ncounterdeed. See DEED. \ncounterfeisance (kown-t<Jr-fee-z<Jnts). Archaic. The act \nofcounterfeiting. \ncounterfeit, vb. (l4c) To unlawfully forge, copy, or \nimitate an item, esp. money or a negotiable instru\nment (such as a security or promissory note) or other \nofficially issued item ofvalue (such as a postage stamp \nor a food stamp), or to possess such an item without \nauthorization and with the intent to deceive or defraud \nby presenting the item as genuine. Counterfeiting \nincludes producing or selling an item that displays a \n\n403 \nreproduction of a genuine trademark, usu. to deceive \nbuyers into thinking they are purchasing genuine mer\nchandise. See 18 USCA  470 et seq. [Cases: Counter\nfeiting Trademarks ~1432.] -counterfeiting, \nn. -counterfeit, n. -counterfeit, adj. \n\"Literally a counterfeit is an imitation intended to pass for \nan original. Hence it is spurious or false, and to counterfeit \nis to make false. For this reason the verbs counterfeit and \nforge are often employed as synonyms and the same is \ntrue to some extent of the corresponding nouns. No error \nis involved in this usage but it is important to distinguish \nbetween the words as far as possible when used as the \nlabels of criminal offenses, In the most restricted sense, \n[c]ounterfeiting is the unlawful making of false money in \nthe simiJitude of the genuine, At one time under English \nstatutes it was made treason. Under modern statutes it is \na felony,\" Rollin M. Perkins & Ronald N. Boyce, Criminal Law \n431-32 (3d ed, 1982), \nCounterfeit Access Device and Computer Fraud and \nAbuse Act of 1984. A federal statute that criminalizes \nvarious computer-related activities such as accessing \nwithout permission a computer system belonging to a \nbank or the federal government, or using that access to \nimproperly obtain anything of value. 18 USCA  1030. \n[Cases: Telecommunications <>:;:; 1342, 1348.] \ncounterfeiter. A person who forges or otherwise makes \na copy or an unauthorized imitation of something (esp. \na document, currency, or another's Signature) with the \nintent to deceive or defraud. \ncounterfeiting, n. The unlawful forgery, copying, or imi\ntation of an item, esp. money or a negotiable instru\nment (such as a security or promissory note) or other \nofficially issued item of value (such as a postage stamp), \nor the unauthorized possession of such an item, with \nthe intent to deceive or defraud by claiming or passing \nthe item as genuine. See 18 USCA  470 et seq. [Cases: \nCounterfeiting . -counterfeit, vb. counter\nfeit, n. -counterfeit, adj. \ncounterfeit mark. See counterfeit trademark under \nTRADEMARK. \ncounterfeit recording. Copyright. An unauthorized copy \nofa copyright-protected recording's sounds, artwork, \nlabel, trademark, or packaging. -Also termed bootleg \nrecording. [Cases: Copyrights and Intellectual Property \ncounterfeit trademark. See TRADEMARK. \ncounterfoit (kown-t~r-foyl), n. A detachable part of a \nwriting on which the particulars of the main part are \nsummarized . The most common example is a check \nstub, on which the date, the payee, and the amount are \ntypically noted. \ncounterletter. Civil law. A document in which the parties \nto a simulated contract record their true intentions. La. \nCiv. Code art. 2025 . For example, the record owner \nof real property may acknowledge in a counterletter \nthat another person actually owns the property; the \ncounterletter may then be used when the property is to \nbe reconveyed after a period. A counterletter can have \nno effect against a third party acting in good faith. See \nsimulated contract under CONTRACT. countez \ncountermand (kown-t~r-mand), n. (16c) 1. A contradic\ntory command that overrides or annuls a previous one. \n2. An action that has the effect of voiding something \npreviously ordered; a revocation. -countermand \n(kown-t~r-mand or kown-), vb. \ncounteroffer, n. (I8c) Contracts. An offeree's new offer \nthat varies the terms ofthe original offer and that ordi\nnarily rejects and terminates the original offer . A late \nor defective acceptance is considered a counteroffer. \nSee MIRROR-IMAGE RULE. [Cases: Contracts \ncounteroffer, vb. counterofferor, n. \ncounterpart. (l5c) 1. In conveyancing, a correspond\ning part of an instrument <the other half ofthe inden\nture the counterpart -could not be found>. 2. One \noftwo or more copies or duplicates of a legal instrument \n<this lease may be executed in any number ofcounter\nparts, each of which is considered an original>. \n\"Formerly 'part' was used as the opposite of 'counterpart,' \nin respect to covenants executed in duplicate, but now \neach copy is called a 'counterpart.'\" 2 Stewart Rapalje & \nRobert L. Lawrence, A Dictionary ofAmerican and English \nlaw 927 (1883), \n\"Counterparts are not nowadays written on the same \nparchment, but that which is executed by the grantor of an \ninterest is called the 'original,' while that which is executed \nby the party to whom the interest passes for example, a \nlessee is called the 'counterpart.'\" G.c. Cheshire, Modern \nLaw of Real Property 674 (3d ed. 1933). \ncounterpart writ. See WRIT. \ncounterpromise, n. (l8c) A promise made in exchange \nfor another party's promise <a promise supported by a \ncounterpromise is binding in its inception>. See bilat\neral contract under CONTRACT. [Cases: Contracts \n55.]-"}
{"text": "is binding in its inception>. See bilat\neral contract under CONTRACT. [Cases: Contracts \n55.]-counterpromise, vb. \ncounter-roll. Hist. A record kept by an officer as a check \non another officer's record, esp. the rolls maintained by \na sheriff and a coroner. \ncountersign, vb. (l6c) To write one's own name next \nto someone else's to verify the other signer's identity. \n[Cases: Signatures -countersignature, n. \ncountersuit. See COl.iNTERCLAIM. \ncountertrade. A type of international trade in which \npurchases made by an importing nation are linked to \noffsetting purchases made by the exporting nation. \n\"Countertrade is barter in modern clothes. It developed \nrapidly as a form of doing business with the USSR and \nEastern European nations in the 1970s and 19805, before \nthe major economic and political reforms tended to \ndiminish its emphasis as a means of doing business,\" Ralph \nH. Folsom & Michael W. Gordon, International Business \nTransactions  2,1, at 46 (1995). \ncountervailable subsidy. See SUBSIDY. \ncountervailing duty. See DUTY (4). \ncountervailing equity. See EQUITY. \ncounter will. See mutual will under WILL. \ncounteur. See COUNTER. \ncountez (kawn-teez). [Law French] Hist. A direction \ngiven by a clerk of a court to a crier, after a jury was \nsworn, to count the jury members. \n\n404 Counting House of the King's Household \n\"Of this ignorance we may see daily instances, in the abuse \nof two legal terms of ancient French; one, the prologue \nto all proclamations, 'oyez, or hear ye,' which is generally \npronounced most unmeaningly, '0 yes:' the other, a more \npardonable mistake, viz., when ajury are all sworn, the \nofficer bids the crier number them, for which the word in \nlaw-french is, 'countez;' but we now hear it pronounced in \nvery good English, 'count these.'\" 4 William Blackstone, \nCommentaries on the Laws ofEngland 334 n.S (1769). \nCounting House of the King's Household. See BOARD \nOF GREEN CLOTH. \ncountor. See COUNTER. \ncountry. 1. A nation or political state; STATE (1). 2. The \nterritory ofsuch a nation or state. \ncounty. (14c) The largest territorial division for local gov\nernment within a state, generally considered to be a \npolitical subdivision and a quasi-corporation . Every \ncounty exists as a result ofa sovereign act oflegislation, \neither constitutional or statutory, separating it from the \nrest of the state as an integral part of its territory and \nestablishing it as one of the primary divisions of the \nstate for purposes ofcivil administration. -Abbr. co. \n[Cases: Counties C=::' 1.] \n\"A county is a part of the realm, inti rely governed by one \nsheriff under the king, but all subject to the general govern \nment of the realm; and therefore every county is as it were \nan intire body of itself, so that upon a feoffment of lands \nin many towns in one county, livery of seisin made in one \nparcel in anyone of the towns in the name of all, sufficeth \nfor all the lands in all the other towns within the same \ncounty: but upon a feoffment of lands in divers counties, \nthere must be livery of seisin in every county.\" Sir Henry \nFinch, Law, or a Discourse Thereof 79 (1759). \nforeign county. Any county separate from that of a \ncounty where matters arising in the former county \nare called into question, though both may lie within \nthe same state or country. \ncounty agent. See juvenile officer under OFFICER (1). \ncounty attorney. An attorney who represents a county \nin civil matters and, in some jurisdictions, prosecutes \ncriminal offenders. \ncounty auditor. See AUDITOR. \ncounty bond. See BOND (3). \ncounty commissioner. See COMMISSIONER. \ncounty court. See COURT. \ncounty judge. See JUDGE. \ncounty officer. See OFFICER (1). \ncounty palatine (pal-~-trn or -tin). Hist. A county in \nwhich the lord held certain royal privileges, such as the \nright to pardon a felon or to have indictments recite that \noffenses were committed against the lord's -rather \nthan the king's -peace. In England, there were three \nsuch counties: Chester, Durham, and Lancaster. The \nseparate legal systems in these counties were slowly \neliminated; the last vestiges of a separate system were \nabolished by the Courts Act (1971). Cf. proprietary gov\nernment under GOVERNMENT. \n\"The counties palatine were Chester, Durham, and Lan \ncaster. Whatever may be the precise date at which these \ncounties became 'Palatine,' it seems likely that there was in Saxon times a jurisdiction equivalent to that of the \nPalatine earl, and originating in usurpation and necessity. \nThe Central Government was too far away both before and \nafter the Conquest to control effectually the administration \nof the Marches, which were always turbulent and lawless \ndistricts.\" A.T. Carter, A History ofEnglish Legal Institutions \n192 (4th ed. 1910). \ncounty property. Property that a county is authorized to \nacquire, hold, or sell. [Cases: Counties C=::' 103.] \ncounty purpose. An objective pursued by a county; esp., \none that a county levies taxes for. [Cases: Counties C=::' \n190.1.] \ncounty seat. The municipality where a county's principal \noffices are located. -Also termed county town. [Cases: \nCounties C=::'25.] \ncounty supervisor. See county commissioner under COM\nMISSIONER. \ncounty town. See COUNTY SEAT. \ncounty warrant. See WARRANT (3). \ncoup d'etat (koo day-tah). [French \"stroke of state\"] A \nsudden, usu. violent, change of government through \nseizure of power. \ncoupon (koo-pon). An interest or dividend certificate \nthat is attached to another instrument, such as a bond, \nand that may be detached and separately presented for \npayment of a definite sum at a specified time. -Also \ntermed interest coupon. \ncoupon bond. See BOND (3). \ncoupon interest rate. See coupon rate under INTEREST \nRATE. \ncoupon note. See NOTE (1). \ncoupon rate. See INTEREST RATE. \ncoupon security. See SECURITY. \ncoupon yield. See YIELD. \nCour de Cassation. See COURT OF CASSATION. \ncourier. A messenger, esp. one who delivers parcels, \npackages, and the like . In international law, the term \ndenotes a messenger duly authorized by a sending state \nto deliver a diplomatic pouch. \ncourse ofbusiness. (17c) The normal routine in managing \na trade or business. -Also termed ordinary course of \nbusiness; regular course ofbusiness; ordinary course; \nregular course. [Cases: Customs and Usages C=::'9.] \ncourse of dealing. (16c) An established pattern of \nconduct between parties in a series of transactions \n(e.g., multiple sales ofgoods over a period of years). \nIfa dispute arises, the parties' course ofdealing can be \nused as evidence ofhow they intended to carry out the \ntransaction. Cf. COURSE OF PERFORMANCE; trade usage \nunder USAGE. [Cases: Contracts C=::' 170.] \n\"A course of dealing is distinguishable from a course of \nperformance. As defined by the [UCC], 'course of dealing' \nrelates to conduct under other transactions which \noccurred with regularity prior to the formation of the \npresent contract, while 'course of performance' relates to \nthe conduct of the parties under the contract in question \nsubsequent to its formation. However, in meaning the \n\ntwo expressions are essentially equivalent.\" Ronald A. \nAnderson, Uniform Commercial Code  1-205:86 (1997). \ncourse of employment. (I7c) Events that occur or cir\ncumstances that exist as a part of one's employment; \nesp., the time during which an employee furthers an \nemployer's goals through employer-mandated direc\ntives. Cf. SCOPE OF EMPLOYMENT; ZONE OF EMPLOY\nMENT. \ncourse of performance. (l8c) A sequence of previous \nperformance by either party after an agreement has \nbeen entered into, when a contract involves repeated \noccasions for performance and both parties know the \nnature of the performance and have an opportunity \nto object to it . A course of performance accepted or \nacquiesced in without objection is relevant to deter\nmining the meaning of the agreement. Cf. COURSE OF \nDEALING; trade usage under USAGE. [Cases: Contracts \n(::::J170.] \n\"[(lommon law courts have recognized the necessity of \nlearning how people usually talk and what they usually \nmean by their language before one interprets their con\ntracts.... '[Clourse of performance' refers to a pattern \nof performance of the contract that is the subject of the \ndispute, as contrasted to 'course of dealing' which refers \nto the pattern of performance in prior contracts between \nthe same parties.\" Claude Rohwer & Gordon D. Schaber, \nContracts in a Nutshell 171-73 (4th ed. 1997). \n''The phrase 'course of performance' relates to the way the \nparties have acted in performance of the particular contract \nin question. The judicial inquiry on this point is limited to \nthe way the parties have acted in carrying out the particular \ncontract that is in controversy, as distinguished from a \ngeneral pattern of dealing that may embrace many other \ncontracts or transactions between the parties.\" Ronald A. \nAnderson, Uniform Commercial Code  1-205:74 (1997). \ncourse oftrade. See trade usage under USAGE. \ncourt, n. (12c) 1. A governmental body consisting of \none or more judges who sit to adjudicate disputes and \nadminister justice <a question oflaw for the court to \ndecide>. \n\"A court ... is a permanently organized body, with inde\npendent judicial powers defined by law, meeting at a time \nand place fixed by law for the judicial public administration \nofjustice.\" 1 Williamj. Hughes, Federal Practice, Jurisdiction \n& Procedure  7, at 8 (1931). \n2. \"The judge or judges who sit on such a governmen\ntal body <the court asked the parties to approach the \nbench>. 3. A legislative assembly <in Massachusetts, \nthe General Court is the legislature>. 4. The locale for \na legal proceeding <an out-of-court statement>. 5. The \nbuilding where the judge or judges convene to adjudi\ncate disputes and administer justice <the lawyers agreed \nto meet at the court at 8:00 a.m.>. -Also termed (in \nsense 5) courthouse. \nadmiralty court. See ADMIRALTY (1). \nappeals court. See appellate court. \nappellate court. (18c) A court with jurisdiction to \nreview decisions of lower courts or administrative \nagencies. -Also termed appeals court; appeal court; \ncourt of appeals; court of appeal; court of review. \n[Cases: Courts C='203-254.J \"Appellate courts are among the most important institu\ntions of governance in the United States. Through their \nreview of trial court and administrative agency decisions \nthey ensure that those bodies function lawfully and that \nlitigants receive justice under law. Moreover, they provide \nauthoritative interpretations of statutory and constitu\ntional provisions and control the shaping of the common \nlaw in response to ever-changing circumstances; they are \nthus major sources of law.\" Daniel John Meador & Jordana \nSimone Bernstein, Appellate Courts in the United States v \n(1994). \nArchdeacon's court. See COURT OF ARCHDEACON. \nArticle I Court. See legislative court. \nArticle III Court. See ARTICLE III COURT. \nBail Court. See BAIL COURT. \nBankruptcy Court. See BANKRUPTCY COURT. \nbaronial court. Hist. A feudal court established by the \nowner of extensive lands held directly of the king \nunder military tenure. \nbase court. Archaic. An inferior court. \nbasement court. See BASEMENT COURT. \nbishop'S court. See BISHOP'S COURT. \nborough court. See BOROUGH COURT. \nbusiness court. (1914) A court that handles exclusively \ncommercial litigation. _ In the late 20th century, \nbusiness courts emerged as a way to unclog the \ngeneral dockets and to dispose of commercial cases \nmore efficiently and consistently. Also termed com\nmercial court; commercial division. \nbyrlaw court. See BYRLAW COURT. \nCentral Criminal Court. See CENTRAL CRIMINAL \nCOURT. \nchildren's court. See juvenile court (1). \nchurch court. See ecclesiastical court. \ncircuit court. (17c) I. A court usu. having jurisdiction \nover several counties, districts, or states, and holding \nsessions in all those areas. See CIRCUIT; CIRCUIT-RID\nING. 2. UNITED STATES COURT OF APPEALS. \ncity court. See municipal court. \ncivil court. (16c) A court with jurisdiction over non\ncriminal cases. -Abbr. Civ. Ct. \nclaims court. See court ofclaims. \nclosed court. See CLOSED COURT. \nCommerce Court. Rist. A federal court that had the \npower to review and enforce determinations of the \nInterstate Commerce Commission . The Commerce \nCourt existed from 1910 to 1913. \ncommercial court. 1. See business court. 2. English law. \nA court that hears business disputes under simpli\nfied procedures designed to expedite the trials . This \ncourt was created in 1971 as part of the Queen's Bench \nDivision ofthe High Court of Justice. \ncommissary court. 1. A court of general ecclesiasti\ncal jurisdiction presided over by four commission\ners appointed by the Crown from the Faculty of \n\n406 court \nAdvocates. 2. Scots law. A sheriff or county court \nthat appoints and confirms the executors ofdecedents \nwho have personal property in Scotland. 3. Hist. Scots \nlaw."}
{"text": "appoints and confirms the executors ofdecedents \nwho have personal property in Scotland. 3. Hist. Scots \nlaw. A supreme court in which matters ofprobate and \ndivorce were decided . This court was established \nin Edinburgh in 1563 to hear cases that had previ\nously come under the jurisdiction ofthe ecclesiastical \ncommissary court. It was absorbed by the Court of \nSession in 1836. \ncommissioner's court. In certain states, a court having \njurisdiction over county affairs and often function\ning more as a managerial group than as a judicial \ntribunal. \ncommon pleas court. See COURT OF COMMON PLEAS. \ncommonwealth court. 1. In some states, a court of \ngeneral jurisdiction. [Cases: Courts (:::::> 118.] 2. In \nPennsylvania, a court that hears suits against the state \nand reviews decisions of state agencies and officials. \n[Cases: Courts (:::::>242(1).] \ncompetent court. See court ofcompetent jurisdiction. \nconciliation court. See small-claims court. \nconsistory court. See CONSISTORY COURT. \nconstitutional court. (1823) 1. A court named or \ndescribed and expressly protected in a constitution; \nesp., ARTICLE III COURT. 2. A court whose jurisdic\ntion is solely or primarily over claims that legislation \n(and sometimes executive action) is inconsistent with \na nation's constitution . Germany, for example, has \nstate constitutional courts and a Federal Constitu\ntional Court. \nconsular court (kon-sd-ldr). A court held by the consul \nof one country within the territory of another.  \nConsular courts are created by treaty, and their \njurisdiction is usu. limited to civil cases. The last of \nthe U.S. consular courts (Morocco) was abolished in \n1956. [Cases: Ambassadors and Consuls (:::::>6.] \ncoroner's court. English law. A common-law court \nthat holds an inquisition if a person died a violent \nor unnatural death, died in prison, or died suddenly \nwhen the cause is not known. The court also has \njurisdiction over treasure trove. \ncorporation court. In some jurisdictions, a court that \nserves an incorporated municipality. See municipal \ncourt. \ncounty court. (16c) 1. A court with powers and jurisdic\ntion dictated by a state constitution or statute . The \ncounty court may govern administrative or judicial \nmatters, depending on state law. -Also termed parish \ncourt; (in Latin) curia comitatus. [Cases: Counties \n38; Courts (:::::> 182.] 2. See probate court. \ncourt above. (l7c) A courtto which a case is appealed.\nAlso termed higher court; upper court. \ncourt a quo (ay kwoh). A court from which a case has \nbeen removed or appealed. court below. (17c) A trial court or intermediate appel\nlate court from which a case is appealed. -Also \ntermed lower court. \ncourt christian. See ecclesiastical court. \ncourt de facto. See de facto court. \ncourt merchant. Hist. A court of limited jurisdiction \nthat decided controversies arising between merchants, \ndealers, shipmasters, supercargoes, and other, usu. \ntransient, people connected with trade . Cases were \nusu. tried before a jury of merchants. \ncourt not of record. An inferior court that is not \nrequired to routinely make a record ofeach proceed\ning and usu. does not. [Cases: Courts (:::::>49.] \ncourt ofappeals. (17c) 1. An intermediate appellate \ncourt. -Also termed (as in California and England) \ncourt ofappeal. See appellate court. 2. In New York \nand Maryland, the highest appellate court within the \njurisdiction. [Cases: Courts (:::::>226, 237(1).] \ncourt ofchivalry. See HIGH COURT OF CHIVALRY. \ncourt ofclaims. A court with the authority to hear \nclaims made against a state (or its political subdivi\nsion) for cases in which the state has waived sovereign \nimmunity. -Also termed claims court. See UNITED \nSTATES COURT OF FEDERAL CLAIMS. [Cases: States \n(:::::> 184.] \ncourt ofcompetent jurisdiction. A court that has the \npower and authority to do a particular act; one rec\nognized by law as possessing the right to adjudicate a \ncontroversy. -Also termed competent court. \ncourt ofdomestic relations. See family court. \ncourt ofequity. (16c) A court that (1) has jurisdiction \nin equity, (2) administers and decides controversies in \naccordance with the rules, principles, and precedents \nofequity, and (3) follows the forms and procedures of \nchancery. Cf. court oflaw. [Cases: Courts (:::::>42(7).] \ncourt offinal appeal. 1. See court of last resort. 2. \nEccles. law. (cap.) JUDICIAL COMMITTEE OF THE PRIVY \nCOUNCIL. \ncourt offirst instance. See trial court. \ncourt ofgeneral jurisdiction. (18c) A court having \nunlimited or nearly unlimited trial jurisdiction in \nboth civil and criminal cases. -Also termed general\njurisdiction court. [Cases: Courts (:::::> 117.5-158.1.] \ncourt ofimpeachment. See COURT FOR THE TRIAL OF \nIMPEACHMENTS. \ncourt of inquiry. 1. Hist. In English law, a court \nappointed by the monarch to ascertain whether it was \nproper to use extreme measures against someone who \nhad been court-martialed. 2. Hist. In American law, \nan agency created under articles of war and vested \nwith the power to investigate the nature ofa transac\ntion or accusation of an officer or soldier. 3. In some \njurisdictions, a procedure that allows a magistrate \nto examine witnesses in relation to any offense that \nthe magistrate has a good-faith reason to believe was \ncommitted. \n\n407 \ncourt ofinstance. See trial court. \ncourt oflast resort. (17c) The court having the authority \nto handle the final appeal of a case, such as the U.S. \nSupreme Court. \ncourt oflaw. (16c) 1. Broadly, any judicial tribunal that \nadministers the laws of a state or nation. 2. A court \nthat proceeds according to the course of the common \nlaw, and that is governed by its rules and principles. \nCf. court ofequity. \ncourt oflimited jurisdiction. A court with jurisdiction \nover only certain types ofcases, or cases in which the \namount in controversy is limited. [Cases: Courts ~ \n159-19il \ncourt ofordinary. See probate court. \ncourt oforiginal jurisdiction. (I8c) A court where an \naction is initiated and first heard. [Cases; Courts \n117.5-15S.1,206.] \ncourt ofrecord. (ISc) 1. A court that is required to keep \na record of its proceedings . The court's records \nare presumed accurate and cannot be collaterally \nimpeached. See OF RECORD (2). [Cases; Courts (;:::::< \n48.] \n\"The distinction that we still draw between 'courts of \nrecord' and courts that are 'not of record' takes us back \nto early times when the king asserts that his own word as \nall that has taken place in his presence is incontestable. \nThis privilege he communicates to his own special court; \nits testimony as to ali that is done before it is concluSive. \nIf any question arises as to what happened on a previous \noccasion, the justices decide this by recording or bearing \nrecord (recordantur, portant recordum). Other courts ... \nmay and, upon occasion, must bear record; but their \nrecords are not irrefragable .... We easily slip into saying \nthat a court whose record is incontrovertible is a court \nwhich has record (habet recordum) or is a court of record, \nwhile a court whose record may be disputed has no record \n(non habet recordum) and is no court of record.\" 2 Freder\nick Pollock & Frederic William Maitland, History ofEnglish \nLaw Before the Time of Edward 1669 (2d ed. 1899). \n2. A court that may fine and imprison people for \ncontempt. \n\"A court of record is, strictly speaking, a court which has \npower to fine and imprison.\" Lancelot Feilding Everest, \nEverest and Strode's Law ofEstoppel 13 (1923). \ncourt ofreview. See appellate court. \ncourt ofspecial jurisdiction. See limited court. \ncourt ofspecial session. (1813) A court that has no \nstated term and is not continuous, but is organized \nonly for hearing a particular case. [Cases: Courts (;:::::) \n64.] \ncourt of summary jurisdiction. See magistrate's \ncourt. \ncriminal court. A court with jurisdiction over criminal \nmatters. \nCrown Court. See CROWN COURT. \nDean ofGuild Court. See DEAN OF GUILD COURT. \nde facto court (di fak-toh). 1. A court functioning under \nthe authority of a statute that is later adjudged to be \ninvalid. -Also termed court defacto. [Cases: Courts court \n~59.l2. A court established and acting under the \nauthority of a de facto government. \ndependency court. A court having jurisdiction over \nmatters involving abused and neglected children, \nfoster care, the termination of parental rights, and \n(sometimes) adoption. \ndiocesan court (dI-ahs-i-sin). Eccles. law. A court exer\ncising general or limited jurisdiction (as determined \nby patent, local custom, or legislation) of matters \narising within a bishop's diocese . Diocesan courts \ninclude the consistorv court, the courts of the com\nmissaries, and the co~rts of archdeacons. \ndistrict court. (I8c) 1. A trial court having general \njurisdiction within its judicial district. Abbr. D.C. \n[Cases: Courts 191.] 2. Scots law. A local court, \nusu. staffed by lay magistrates, with jurisdiction over \npetty crimes. \ndivided court. See DIVIDED COURT. \ndivisional court. An English court made up of two or \nmore judges from the High Court of Justice sitting \nin special cases that cannot be disposed of by one \njudge. Each division of the High Court has a divi\nsional court, e.g., the Divisional Court of the Family \nDivision. With the exception of the Divisional Court \nof the Chancery Division, which has jurisdiction to \nreview land-registration appeals from the county \ncourt, almost all judicial appeals are from decisions \nof a magistrates' court. The Divisional Court of the \nQueen's Bench DiVision hears appeals from the Crown \nCourt or the magistrates' court by way ofcase stated \nin criminal prosecutions, which is the most frequent \nuse ofa divisional court. \ndomestic court. (1801) 1. A court having jurisdiction \nat the place of a party's residence or domicile. 2. See \nfamily court. \ndomestic-relations court. Seefamily court. \ndrug court. A court that hears cases against nonvio\nlent adults and juveniles, who are often first-time \noffenders and who are usu. charged with posses\nsion of a controlled substance or with committing \na minor drug-related crime . Drug courts focus on \ntreatment rather than on incarceration. Cf. problem\nsolVing court. [Cases: Chemical Dependents 12; \nSentencing and Punishment (:..-::::02051.] \necclesiastical court (i-klee-zee-as-ti-k;:!l). 1. A religiOUS \ncourt that hears matters concerning a particular \nreligion. 2. In England, a court having jurisdiction \nover matters concerning the Church ofEngland (the \nestablished church) as well as the duties and rights of \nthe people serving it, but whose modern jurisdiction \nis limited to matters ofecclesiastical discipline and \nchurch property. Also termed church court; court \nchristian; spiritual court; (in Latin) christianitatis \ncuria; curia christianitatis. [Cases: Religious Societ\nies 14.] \n'The ecclesiastical courts exercised a jurisdiction which \nplayed a part of the development of the English legal \nsystem, and their work was not confined to controlling \n\nthe clergy and doctrines of the Church. The jurisdiction \nof these courts was of particular significance before the \nReformation, but, in certain matters and especially in \nmatrimonial causes and the law of succession to property \non death (testate and intestate succession), it remained \nof importance till the middle of the nineteenth century.\" \n1 A.K.R. Kiralfy, Potter's Historica!lntroduction to English \nLaw and Its Institutions 211 (4th ed. 1958). \nexamining court. (ISc) A lower court (usu. preSided \nover by a magistrate) that determines probable cause \nand sets bail at a preliminary hearing in a criminal \ncase. \nfamily court. (1923) A court having jurisdiction over \nmatters involving divorce, child custody and support, \npaternity, domestic violence, and other family-law \nissues. Also termed domestic-relations court; court \nofdomestic relations; domestic court. [Cases: Courts \n<>~)174.] \nfederal court. (ISc) A court having federal jurisdiction, \nincluding the u.s. Supreme Court, circuit courts of \nappeals, district courts, bankruptcy courts, and tax \ncourts. -Also termed United States court. \nforeign court. (16c) I. The court ofa foreign nation. 2. \nThe court ofanother state. \nforty-days court. See COURT OF ATTACHMENTS. \nfranchise court. See FRANCHISE COURT. \nfull court. (16c) A court session that is attended by all \nthe court's judges; an en bane court. Also termed \nfull bench. \nGeneral Court. See GENERAL COURT. \ngeneral-jurisdiction court. See court ofgeneral juris\ndiction. \nHigh Commission Court. See COURT OF HIGH COM\nMISSION. \nHigh Court. 1. See HIGH COURT OF JUSTICE. 2. See HIGH \nCOURT OF JUSTICIARY. \nHigh Court ofAdmiralty. See HIGH COURT 01' ADMI\nRALTY. \nHigh Court of Chivalry. See HIGH COUR"}
{"text": "HIGH COURT 01' ADMI\nRALTY. \nHigh Court of Chivalry. See HIGH COURT OF \nCHIVALRY. \nHigh CaurtofDelegates. See COURT OF DELEGATES. \nHigh Court of Errors and Appeals. See COURT OF \nERRORS AND APPEALS. \nHigh CaurtafJustice. See HIGH COURT OF JUSTICE. \nHigh Court ofJusticiary. See HIGH COURT OF JUSTI\nCIARY. \nhigher court. See court above. \nhighest caurt. (l6c) The court oflast resort in a particu\nlar jurisdiction; a court whose decision is final and \ncannot be appealed because no higher court exists to \nconsider the matter. -The U.S. Supreme Court, for \nexample, is the highest federal court. \nhot court. (1972) A court, esp. an appellate court, that \nis familiar with the briefs filed in the case, and there\nfore with the issues, before oral argument. _ Typi\ncally, a hot court controls the oral argument with its questioning, as opposed to listening paSSively to set \npresentations ofcounsel. \nhousing court. A court dealing primarily with land\nlord-and-tenant matters, including disputes over \nmaintenance, lease terms, and building and fire \ncodes. [Cases: Courts \nhundred court. Hist. In England, a larger court baron, \nheld for all inhabitants of a particular hundred \nrather than a manor, in which the free suitors were \nthe judges (jurors) and the steward the register. \nA hundred court was not a court of record, and it \nresembled a court-baron in all respects except for its \nlarger territorial jurisdiction. The last hundred court \nwas abolished in 1971. Also termed hundred moot. \nSee COURT BARON. \nimpeachment court. See COURT FOR THE TRIAL OF \nIMPEACHME:siTS. \ninferior court. (I7c) I. Any court that is subordinate to \nthe chief appellate tribunal within a judicial system. 2. \nA court ofspecial, limited, or statutory jurisdiction, \nwhose record must show the existence ofjurisdic\ntion in any given case to give its ruling presumptive \nvalidity. -Also termed lower court. \ninquisitorial court. A court in which the inquisitorial \nsystem prevails. \n''We should remember that in the 'inquisitorial court' the \nroles of prosecutor, defender, and judge are combined in \none person or group of persons. It is no accident that such \na court commonly holds its sessions in secret. The usual \nexplanation for this is that the methods by which it extracts \nconfessions cannot stand public scrutiny. But the reason \nruns deeper. The methods employed by an inquisitorial \ncourt, even if open to the public, could scarcely be a secret \nof meaningful observation by an outsider. It is only when \nthe roles of prosecutor, defender, and judge are sepa\nrated that a process of decision can take on an order and \ncoherence that will make it understandable to an outside \naudience and convince that audience that all sides of the \ncontroversy have been considered.\" Lon L. Fuller, Anatomy \nofthe Law 35-36 (1968). \ninstance court. 1. See trial court. 2. Hist. The admiralty \ncourt in England that exercised original jurisdiction \nin all cases except those involving prizes. \ninsular court. A federal court with jurisdiction over \nU.S. island territories, such as the Virgin Islands. \n[Cases: Federal Courts C::=> 1021-1024.] \nintermediate court. An appellate court that is below a \ncourt oflast resort. \nInternational Court ofJustice. See INTERNATIONAL \nCOURT OF JUSTICE. \nInternational Criminal Court. See I~TERNATIO~AL \nCRIMINAL COURT. \nInternational Trade Court. See UNITED STATES COURT \nOF INTERNATIONAL TRADE. \nJ.P. court. Seejustice court. \njustice court. (16c) A court, presided over by a justice of \nthe peace, that has jurisdiction to hear minor criminal \ncases, matters involving small amounts ofmoney, or \ncertain specified claims (such as forcible-entry-and\n\ndetainer suits). -Also termed justice-of-the-peace \ncourt; J.P. court. [Cases: Justices ofthe Peace C::='31.] \njuvenile court. (1903) 1. A court having jurisdiction \nover cases involving children under a specified age, \nusu. 18. _ Illinois enacted the first statewide juvenile\ncourt act in 1899. Today every state has a specialized \njuvenile or family court with exclusive original delin\nquency jurisdiction. -Also termed children's court. \n[Cases: Courts 174.] 2. A court having special \njurisdiction over orphaned, delinquent, dependent, \nand neglected children. _ This type ofjuvenile court \nis created by statute and derives its power from the \nspecific wording ofthe statute, usu. haVing exclusive \noriginal jurisdiction over matters involving abuse \nand neglect, adoption, status offenses, and delin\nquency. Generally, juvenile courts are special courts \nof a paternal nature that have jurisdiction over the \ncare, custody, and control of children (as defined by \nthe statute). The jurisdiction of the juvenile court \nis exercised as between the state (for the child) and \nthe parents of the child and is not concerned with a \ncustody controversy that does not affect the morale, \nhealth, or welfare ofthe child. A juvenile court is not \na criminal court. The primary concern of a juvenile \ncourt is the child's immediate welfare. See UNIFORM \nJUVENILE COURT ACT. [Cases: Infants \nkangaroo court. (1849) 1. A self-appointed tribunal or \nmock court in which the principles of law and justice \nare disregarded, perverted, or parodied. -Kangaroo \ncourts may be assembled by various groups, such as \nprisoners in a jail (to settle disputes between inmates) \nand players on a baseball team (to \"punish\" team\nmates who commit fielding errors). 2. A court or \ntribunal characterized by unauthorized or irregu\nlar procedures, esp. 80 as to render a fi:tir proceeding \nimpossible. 3. A sham legal proceeding. -The term's \norigin is uncertain, but it appears to be an American\nism. It has been traced to 1853 in the American West. \n\"Kangaroo\" might refer to the illogical leaps between \n\"facts\" and conclusions, or to the hapless defendant's \nquick bounce from court to gallows. \nKing's Court. See CURIA REGIS. \nland court. A court having jurisdiction over land\nrelated matters including: (1) exclusive original juris\ndiction of applications for registration ofland titles \nand related questions, writs ofentry and petitions to \nclear title to real estate, petitions to determine the \nvalidity and extent of municipal zoning ordinances, \nbylaws, and regulations, and proceedings for fore\nclosure and redemption from tax titles; (2) original \nconcurrent jurisdiction ofdeclaratory judgment pro\nceedings, shared with the supreme judicial, superior, \nand probate courts; and (3) original concurrent equity \njurisdiction in land-related matters, except for cases of \nspecific performance ofland contracts. -Land courts \ntoday exist in the United States in Massachusetts \nand Hawaii. [Cases: Courts \nlanded-estates court. Hist. English law. A statutorily \nestablished tribunal to dispose of encumbered real estate more promptly and easily than could be accom\nplished through the ordinary judicial machinery. \nThis type of court was first established in Ireland by \nacts of 11 & 12 Vict., ch. 48 and 12 & 13 Vict., ch. 77. \nThe purpose ofthe court was to enable the owner, or \nany lessee of an unexpired term of63 years or less, \nof encumbered land to apply to commissioners to \ndirect a sale. The court served as a court of record \nand was called the Incumbered Estates Court. A later \nact abolished that court and created a new perma\nnent tribunal called the Landed Estates Court. 21 & \n22 Vict., ch. 72. \nlegatine court. A court held by a papal legate and \nhaving ecclesiastical jurisdiction. \nlegislative court. (1828) A court created by a statute, \nas opposed to one created by a constitution. -Also \ntermed (in federal law) Article I court. [Cases: Courts \nlevy court. Hist. A court in the District of Columbia \nthat exercised many of the functions typical of \ncounty commissioners or county supervisors in the \nstates, such as constructing and repairing roads and \nbridges. \nlimited court. A court haVing special jurisdiction \nconferred by statute, such as a probate court. - Also \ntermed court ofspecial jurisdiction. [Cases: Courts \n(~:::159-197.] \nliquidation court. Any court in which a liquidation \nproceeding takes place. \nlocal court. A court whose jurisdiction is limited to \na particular territory, such as a state, municipal, or \ncounty court. \nlord mayor's court. Hist. A court oflaw and equity that \nhad jurisdiction in civil cases arising within the city \nof London and acted as the appellate court from the \nChamberlain Court. _ It was abolished by the Court \nAct of 1971. \nlower court. 1. See court below. 2. See inferior court. \nmagistrate's court (maj-i-strayts or -strits). (1904) \n1. A court with jurisdiction over minor criminal \noffenses. _ Such a court also has the power to bind \nover for trial persons accused of more serious \noffenses. -Also termed police court. 2. A court with \nlimited jurisdiction over minor criminal and civil \nmatters. -Sometimes spelled (esp. in England) mag\nistrates' court. --Also termed (in England) court of \npetty sessions; court ofsummary jurisdiction. [Cases: \nJustices ofthe Peace C::>31.j \nmaritime court. See ADMIRALTY (1). \nmayor's court. A municipal court in which the mayor \npresides as the judge, with jurisdiction over minor \ncriminal (and sometimes civil) matters, traffic \noffenses, and the like. [Cases: Municipal Corpora\ntions C::>635.] \nmilitary court. A court that has jurisdiction over \nmembers of the armed forces and that enforces the \n\nCode of Military Justice. See CODE OF MILITARY \nJUSTICE. [Cases: Military Justice <>=)870.] \nmilitary court ofinquiry. A military court that has \nspecial and limited jurisdiction and that is convened \nto investigate specific matters and, traditionally, to \ndetermine whether further procedures are warranted. \n10 USCA  935. [Cases: Armed Services ~41.] \nmoot court. See MOOT COURT. \nmunicipal court. (17c) A court having jurisdiction \n(usu. civil and criminal) over cases arising within the \nmunicipality in which it sits. _ A municipal court's \ncivil jurisdiction to issue a judgment is often limited \nto a small amount, and its criminal jurisdiction is \nlimited to petty offenses. -Also termed city court. \n[Cases: Courts <8=\"::> 186; Municipal Corporations C~' \n634.] \nnaturalization court. See NATURALIZATION COURT. \nnisi prius court. See NISI PRIUS. \nopen court. See OPEN COURT. \nordinary's court. See probate court. \norphan's court. See probate court. \nPalace Court. See PALACE COURT. \nparish court. See county court. \npeacemaker's court. Native American law. A tribal \ncourt that adjudicates, arbitrates, or mediates some \ndisputes, usu. according to traditional and statutory \ntribal law. rCases: Indians \npeople's court. See PEOPLE'S COURT. \npiepowder court. See PIEPOWDER COURT. \npolice court. See magistrate's court (1). \npolicy court. An appellate court, usu. a court of last \nresort, that must consider a decision's effects not only \non the litigants but also on public policy. \npractice court. 1. See MOOT COURT. 2. (cap.) See BAIL \nCOURT. \nprerogative court. In New Jersey, a probate court. See \nprobate court. Courts C=: 200.] \npretorial court. Hist. A 17th-century Maryland court \nthat had jurisdiction over capital and other serious \ncrimes. -It consisted of three judges: the colony's \nlord proprietor or his lieutenant-general, the Secre\ntary or Register ofthe Council ofState, and one other \nmember ofthe Council. \nprize court. A court having jurisdiction to adjudicate \nthe captures made at sea in time ofwar. See PRIZE (2). \nCf. COURT OF APPEALS IN CASES OF CAPTURE. [Cases: \nWar and National Emergency ~28(1).J \nprobate court. (18c) A court with the power to declare \nwills valid or invalid, to oversee the administration \nof estates and (in some states) to appoint guardians \nand approve the adoption of minors. Also termed \nsurrogate's court; surrogate court; court ofordinary; \nordinary's court; county court; orphan's court (abbr. \no.c.). See PROBATE. [Cases: Courts ::> 198.J problem-solving court. A specialized court that \nmatches community resources to litigants whose \nproblems or cases may benefit from those resources. \nIn criminal cases, a problem -solving court endeavors \nto promote solutions to underlying behavior problems \nthat may lead to misconduct by providing treatment \nrather than imprisonment. For example, it may match \nofFenders with resources for drug-abuse or mental\nhealth treatment, often with close court supervision. \nIn civil cases, a problem-solving court may help the \nparties try to resolve disputes through counseling or \nmediation rather than litigation. Cf. drug court. \nprovisional court. A federal court with jurisdiction and \npowers governed by the order granting its authority, \nsuch as a temporary court established in a conquered \nor occupied territory. \nQuarter Sessions Court. See COURT OF GENERAL \nQUARTER SESSIONS OF THE PEACE. \nrecorder's court. A court having jurisdiction over felony \ncases. -This court exists in only a few jurisdictions, \nsuch as Michigan, where the recorder's court hears \nfelony cases arising within the Detroit city limits. \n[Cases: Criminal Law"}
{"text": ", where the recorder's court hears \nfelony cases arising within the Detroit city limits. \n[Cases: Criminal Law \nregister'S court. Hist. A probate court in Pennsylvania \nor Delaware. See probate court. [Cases: Courts G-'J \n200.J \nrogue court. A court that fails to apply controlling law \nin making its decisions. \nsheriff's court. Scots law. The principal inferior court \nin Scotland, haVing both civil and criminal jurisdic\ntion. \nsmall-claims court. (1923) A court that informally and \nexpeditiously adjudicates claims that seek damages \nbelow a specified monetary amount, usu. claims \nto collect small accounts or debts. -Also termed \nsmall-debts court; conciliation court. [Cases: Courts \n~~174.] \nspiritual court. See ecclesiastical court. \nstate court. (18c) A court of the state judicial system, \nas opposed to a federal court. \nsuperior court, (18c) 1. In some states, a trial court of \ngeneral jurisdiction. [Cases: Courts C=:117.5-158.1.] \n2. In Pennsylvania, an intermediate court between \nthe trial court and the chiefappellate court. [Cases: \nCourts C=:242(3).J \nsupreme court. See SUPREME COURT. \nSupreme Court ofthe United States. See SUPREME \nCOURT OF THE UNITED STATES. \nSupreme Judicial Court. (18c) The highest appellate \ncourt in Maine and Massachusetts. [Cases: Courts \nC=:225,227.J \nsurrogate's court. See probate court. \ntax court. See TAX COURT. \nteen court. A group of teenagers who (1) hear cases \ninvolving juveniles, usu. first-time offenders, who \nhave acknowledged their guilt or responsibility, and \n\n411 \n(2) impose sanctions within a fixed range, usu. involv\ning counseling, community service, or restitution. \nSome local jurisdictions in more than half the states \nhave provided for this type of tribunal. The juvenile \noffender consents to the assessment of punishment \nby this jury ofpeers. The American Bar Association \nencourages the formation ofthese kinds ofcourts. \nAlso termed youth court. \nTeind Court. See TEIND COURT. \nterritorial court. A U.S. court established in a U.S. ter\nritory (such as the Virgin Islands) and serving as both \na federal and state court. The Constitution autho\nrizes Congress to create such court. U.S. Canst. art. \nIV,  3, cl. 2. [Cases: Federal Courts C=:='1021-1024.] \nthree-judge court. A court made up of three judges; \nesp., a panel ofthree federal judges convened to hear a \ntrial in which a statute is challenged on constitutional \ngrounds. Three-judge courts were Virtually abol\nished in 1976 when Congress restricted their juris\ndiction to constitutional challenges to congressional \nreapportionments. Occasionally, Congress creates \nthree-judge courts in special legislation, as with the \n2002 campaign-finance law. Appeals from a three\njudge court go directly to the Supreme Court. See 28 \nUSCA  2284. [Cases: Federal Courts (;::::)991-1013.] \ntraffic court. A court with jurisdiction over prosecu\ntions for parking violations and infractions of road \nlaw. \ntrial court. (18c) A court oforiginal jurisdiction where \nthe evidence is first received and considered. -Also \ntermed court offirst instance; instance court; court \nofinstance. \nTribal Court. See TRIBAL COURT. \nunified family court. In some jurisdictions, a court that \nhears all family matters, including matters ofdivorce, \njuvenile delinquency, adoption, abuse and neglect, \nand criminal abuse. A unified family court also \nhears matters typically heard in family court (in juris\ndictions that have statutory family courts) or in courts \nofgeneral jurisdiction, such as divorce, paternity, and \nemancipation proceedings. Proponents of unified \nfamily courts cite the benefits of having all family\nrelated matters heard by one court -for instance, the \nbenefit ofhaving a child testify only once rather than \nforcing the child to testify in one court in a divorce \nproceeding, in a different court in criminal proceed\nings against an abuser, and in yet another in a civil \nproceeding initiated Child Protective Services. \n[Cases: Courts \nUnited States Claims Court. See UNITED STATES COURT \nOF FEDERAL CLAIMS. \nUnited States court. Seefederal court. \nUnited States Court of International Trade. See \nUNITED STATES COURT OF INTERNATIONAL TRADE. \nUnited States Customs Court. See UNITED STATES \nCUSTOMS COURT. court below \nUnited States District Court. See UNITED STATES \nDISTRICT COURT. \nUnited States Supreme Court. See SUPREME COURT OF \nTHE UNITED STATES. \nUnited States Tax Court. See TAX COURT, U.S. \nupper court. See court above. \nvice-admiralty court. See VICE-ADMIRALTY COURT. \nWood-Plea Court. See WOOD-PLEA COURT. \nWorld Court. See INTERNATIONAL COURT OF JUSTICE. \nyouth court. See teen court. \ncourt administrator. See ADMINISTRATOR (1). \ncourt-appointed attorney. See assigned counsel under \nCOUNSEL. \ncourt-appointed counsel. See assigned counsel under \nCOUNSEL. \ncourt-appointed expert. See impartial expert under \nEXPERT. \ncourt-appointed special advocate. A trained volun\nteer appointed by a court to represent the interests of \na child in an abuse or neglect case. -Abbr. CASA. \nCf. guardian ad litem under GUARDIAN. [Cases: Infants \nC=:='20S.] \nCourt Appointed Special Advocates. A federally funded \nprogram in which trained laypersons act on behalf \nof children in abuse and neglect cases. The CAS A \nprogram began in 1977 in Seattle, Washington. In 1989, \nthe American Bar Association endorsed using a com\nbination of CASA volunteers and attorneys in abuse \nand neglect cases. CASA volunteers are sanctioned by \nthe ABA as permissible guardians ad litem. Abbr. \nCASA. (Cases: Infants C=:='205.] \ncourt a quo. See COURT. \ncourt baron. Hist. Amanorial court that had jurisdiction \nover amounts in controversy of 40 shillings or less. \nAccording to some authorities, the court baron devel\noped into two courts: the customary court baron for \ndisputes involving copyholders, and the court baron \nproper (also known as the freeholders' court baron), \nin which freeholders were allowed to hold court con\ncerning minor disputes. -Also termed freeholder's \ncourt baron. \n\"In Coke's day it was said that the lord of a manor had one \ncourt, 'a court baron,' for his freeholders and another court, \n'a customary court,' for his copyholders, and that in the \nlatter the lord or his steward was the judge. Now over his \nunfree men the lord had, according to the law of the king's \ncourt, almost unlimited power; short of maiming them he \nmight do what he liked with them; and every tenant of an \nunfree tenement was a tenant at will. Nevertheless in the \ncourt rolls and the manuals for stewards which come to \nus from the thirteenth and fourteenth centuries we cannot \ndiscover two courts or two methods of constituting the \ncourt. Freeholders and serfs are said to owe suit to the \nsame halimoot, and so far as we can see, the curia which \npronounces judgment is always the same body.\" 1 Freder\nick Pollock & Frederic W. Maitland, The History of Eng/ish \nLaw Before the Time of Edward / 593 (2d ed. 1898). \ncourt below. See COURT. \n\n412 court calendar \ncourt calendar. (1852) A list of matters scheduled for \ntrial or hearing; DOCKET (2). \ncourt christian. See ecclesiastical court under COURT. \ncourt dinic. A medical clinic, established for the benefit \nof the courts, to which a judge may send a defendant for \npsychiatric evaluation or, esp. in the case of a juvenile, \nto explore why the defendant committed the offense \nand what treatment is appropriate. \n\"Court Clinics have developed in two ways: one, in which \nthe clinic has its own social workers to take case histories \nand to investigate the past ofthe offenders, and the second \nis when the Clinic utilizes the probation department as his\ntorians and as therapists. In both types of clinics, a history \nis taKen. appropriate psychological tests are given to the \noffender, with particular reference to his intelligence, and \na physical examination and a psychiatric examination are \nmade. Usually these clinics have a meeting in which the \nwhole staff discuss the cases when a diagnosis is made \nand. finally a report is sent to the referring judge, inform\ning him as to the probable reason why the offender has \ncommitted the offense. the appropriate treatment if any \nis necessary, and the probably outcome of the case if the \ntreatment procedures recommended are carried out.\" \nEncyclopedia ofCriminology 79-80 (Vernon c. Branham & \nSamuel B. Kutash eds . 1949). \ncourt commissioner. See COMMISSIOKER. \ncourt costs. See COST (2). \ncourt crier. See CRIER (1). \ncourt day. See DAY. \ncourt de facto. See de facto court under COURT. \ncourtesan. l. A court mistress. 2. A loose woman. 3. A \nprostitute. -Also spelled courtezan. Cf. CONCUBINE. \ncourtesy. See CURTESY. \ncourtesy supervision. (1970) Oversight ofa parolee by a \ncorrectional agency located in a jurisdiction other than \nwhere the parolee was sentenced . Courtesy supervi\nsion is usu. arranged informally between correctional \nauthorities in cases in which the offense is not serious \nand the parolee's rehabilitative needs are better served \nin another jurisdiction. \nCourt for Consideration of Crown Cases Reserved. \nHist. A court established in 1848 to review questions \nof law arising in criminal cases . Trial judges posed \nthe postverdict questions of law to the Court, which \ndecided whether error had been committed. The Court \nwas abolished in 1907, and its jurisdiction was trans\nferred to the Court of Criminal Appeal. -Also termed \nCourt for Crown Cases Reserved. \n\"It was an old practice for the judge, in case of a convic \ntion, if he felt a doubt as to the law, to respite judgment \nor sentence, and discuss the matter informally with the \nother judges. If they thought that the prisoner had been \nimproperly conVicted, he was pardoned. Statutory author\nity was given to this practice in 1848 by the establishment \nof the court for Crown Cases Reserved. All the judges were \nmembers of this court; and five, of whom the Lord Chief \nJustice must be one, formed a quorum.\" 1 William Holds\nworth, A History ofEnglish Law 217 (7th ed. 1956). \nCourt for Divorce and Matrimonial Causes. Hist. A \ncourt that exercised jurisdiction over family issues, \nsuch as legitimacy and divorce . The Court, which was established in 1857, acquired the matrimonial jurisdic\ntion previously exercised by the ecclesiastical courts. It \nconsisted of the Lord Chancellor, the Chief Justices of \nthe Queen's Bench and Common Pleas, the Chief Baron \nofExchequer, the senior puisne judges ofthe last three \ncourts, and the Judge Ordinary. In most instances, the \nJudge Ordinary heard the cases. The Judicature Act of \n1873 abolished the Court and transferred its jurisdic\ntion to the Probate Divorce and Admiralty Division \n(now Family Division) of the High Court ofJustice. \nCourt for the Correction of Errors. A court having \njurisdiction to review a lower court . The name was \nformerly used in New York and South Carolina. \nCourt for the Relief ofInsolvent Debtors. Hist. A court \nlocated in London that had jurisdiction over bank\nruptcy matters . The Bankruptcy Act of 1861 abol\nished the Court. \ncourt for the trial of impeachments. (18c) A tribunal \nempowered to try a government officer or other person \nbrought before it by the process ofimpeachment.  The \nU.S. Senate and the British House of Lords have this \nauthority, as do the upper houses of most state legis\nlatures. Also termed impeachment court; court of \nimpeachment. \ncourt hand. Hist. A script style used by English court \nderks, the words being abbreviated and contracted \naccording to a set ofcommon principles for maintain\ning brevity and uniformity . This type of writing, \nalong with the use of Latin (except for technical or \nuntranslatable phrases), was banned early in the 18th \ncentury in an effort to make court records more acces\nsible to nonlawyers. \n\"[Tlechnical Latin continued in use from the time of its first \nintroduction, till the subversion of our ancient constitution \nunder Cromwell; when. among many other innovations \nin the law. some for the better and some for the worse, \nthe language of our records was altered and turned into \nEnglish. But, at the restoration of king Charles, this novelty \nwas no longer countenanced; the practicers finding it very \ndifficult to express themselves so conCisely or significantly \nin any other language but the Latin. And thus it continued \nwithout any sensible inconvenience till about the year 1730, \nwhen it was again thought proper that the proceedings at \nlaw should be done into English, and it was accordingly \nso ordered by statute 4 Geo. II. c. 26. .. What is said of \nthe alteration of language by the statute 4 Geo. II. c. 26 \nwill hold equally strong with respect to the prohibition \nof using the ancient immutable court hand in writing the \nrecords of other legal proceedings; whereby the reading \nof any record that is forty years old is now become the \nobject of science, and calls for the help of an antiquarian.\" \n3 William Blackstone. Commentaries on the Laws ofEngland \n322-23 (1768). \ncourthouse. See COURT (5). \ncourth"}
{"text": "\n322-23 (1768). \ncourthouse. See COURT (5). \ncourthouse steps. The figurative location of settlement \nnegotiations that occur shortly before trial commences, \nregardless ofthe literal location of the negotiations <the \nparties settled the lawsuit on the courthouse steps>, \ncourt lands. Hist. The part ofa manor used for the lord's \nhousehold. Also termed (in Latin) curtiles terrae. \ncourt leet (kort leet). Hist. A feudal court responsible \nfor frankpledges and notices of criminal \n\n413 Court of Assistants \naccusations . Courts leet exercised both governmen\ntal and judicial powers, but they declined in the 14th \ncentury after the justices in eyre began to take over \nserious criminal cases. The court met once or twice \na year, and was presided over by the lord's steward, a \nlawyer who acted as judge. \ncourt-martial, n. (18c) An ad hoc military court \nconvened under military authority to try someone, \nparticularly a member ofthe armed forces, accused of \nviolating the Uniform Code ofMilitary Justice. [Cases: \nMilitary Justice C=870-898.] PI. courts-martial. \ncourt-martial, vb. \n\"[Clourts-martial are not a part of the federal judicial \nsystem, and the procedure in such courts is regulated by \nthe Articles of War, Army Regulations, orders of the Presi\ndent, and military custom.\" Altmayer v. Sanford, 148 F.2d \n161, 162 (5th Cir. 1945). \nBCD special court-martial. A special court-martial in \nwhich a possible punishment is a bad-conduct dis\ncharge (a \"BCD\"). \ngeneral court-martial. A proceeding that is preSided \nover by a military judge, and no fewer than five \nmembers (who serve as jurors), and that has juris\ndiction over all the members of the armed forces. \nIt is the highest military trial court. \nspecial court-martial. A proceeding that is presided \nover by a military judge and no fewer than three \nmembers (who serve as jurors) to hear noncapital \noffenses and prescribe a sanction of hard labor, dis\nmissal, or extended confinement (up to one year) . It \nis the intermediate level ofcourts-martial. \nsummary court-martial. A proceeding preSided over \nby a single commissioned officer who is jurisdiction\nally limited in what sanctions can be imposed . It is \nthe lowest level ofcourts-martial. \ncourt-martial order. A written order containing the \nresult ofa court-martial trial. \nCourt-Martial Reports. A publication containing the \nopinions of the U.S. Court of Military Appeals and \nselect decisions of the Courts ofMilitary Review . This \npublication appeared during the years 1951-1975. -\nAbbr. CMR. \ncourt merchant. See COURT. \ncourt not ofrecord. See COURT. \nCourt of Admiralty. See HIGH COURT OF ADMIRALTY. \ncourt of ancient demesne. Hist. A court made up of \nfreeholders ofland held by the Crown (Le., an ancient \ndemesne) .  The freeholders acted as judges much the \nsame way that freeholders ofan ordinary manor would \nin a court baron. See ancient demesne under DEMESNE; \nCOURT BARON. \nCourt ofAppeal. An English court of civil and criminal \nappellate jurisdiction established by the Judicature Acts \nof 1873 and 1875. The court is made up of the Lord \nChancellor, Lord Chief Justice, Master of the Rolls, \nPresident of the Family Division, Vice-Chancellor of \nthe Chancery Division, former Lord Chancellors, Lords of Appeal in Ordinary, and Lords Justices of AppeaL \nIn practice it is made up ofthe Master of Rolls and the \nLords Justices. It sits in several divisions, each having \nthree members. \nCourt ofAppeal in Chancery. Hist. An English court of \nintermediate appeal in equity cases, established in 1851 \nand abolished in 1873-1875, when its jurisdiction was \ntransferred to the Court of Appeal. \ncourt ofappeals. See COURT. \nCourt ofAppeals, U.S. See UNITED STATES COURT OF \nAPPEALS. \nCourt of Appeals for the Armed Forces. See UNITED \nSTATES COURT OF APPEALS FOR THE ARMED FORCES. \nCourt of Appeals for the Federal Circuit. See UNITED \nSTATES COURT OF APPEALS FOR THE FEDERAL \nCIRCUIT. \nCourt ofAppeals for Veterans Claims. The federal court \nthat reviews decisions ofthe Board ofVeterans Appeals. \n[Cases: Armed Services C=:o 154.] \nCourt ofAppeals in Cases of Capture. Hist. A court \nresponsible for reviewing state-court decisions con\ncerning British ships captured by American priva\nteers during the Revolution . Congress established \nthe court under the Articles ofConfederation. It was \nthe first federal court in the United States and the chief \nUnited States court from 1780 to 1787. Cf. prize court \nunder COURT. \nCourt ofArchdeacon (ahrch-dee-bn). Hist. Eccles. law. \nAn inferior ecclesiastical court that had jurisdiction \nover cases arising within the archdeaconry and probate \nmatters. Appeal was to the Bishop's Court. The Court \nof Archdeacon was abolished in 1967. Also termed \nArchdeacon's Court; Archdiaconal Court (ahr-b-dI\nak-,m-<ll). \nCourt of Arches. Eccles. law. The ecclesiastical court of \nthe province of Canterbury, responsible for appeals \nfrom provincial diocesan courts. The Pope heard \nappeals from the Court of Arches until the break with \nRome prompted a transfer of the appellate jurisdiction \nto the Court of Delegates. The Judicial Committee of \nthe Privy Council now hears certain appeals from the \nCourt ofArches. Also termed Arches Court ofCan\nterbury; Court ofCanterbury; Court ofthe Official Prin\ncipal. Cf. CHANCERY COURT OF YORK. \n'The Court of Arches is the provincial court of the Arch \nbishop of Canterbury. It is held by ajudge generally called \nthe Dean of the Arches. Its jurisdiction was important \nwhile testamentary cases were dealt with in the Ecclesi \nastical Courts. The name is derived from the fact that the \ncourt was originally held in the Church of St. Mary-ie-BOW \n(Ecciesia Beatae Mariae de Arcubus), the steeple of which \nis raised on stone pillars formed archwise like bent bows.\" \nW.J.v. Windeyer, Lectures on Legal Historv 184 n.11 (2d ed. \n1949). \nCourt ofAssistants. Hist. A colonial body organized in \nMassachusetts Bay Colony in 1630 to act as a legislature \nand court for the colony. Cf. GENERAL COURT. \n'The court of assistants, made up of governor, deputy \ngovernor, and magistrates, heard appeals from lower \n\n414 Court of Attachments \ncourts, and took original jurisdiction in certain cases \nfor example, cases of divorce. Below it were the county \ncourts.\" Lawrence M. Friedman, A History ofAmerican Law \n40 (2d ed. 1985). \nCourt of Attachments. Hist. An inferior forest court \nwith jurisdiction over trespasses of the royal forests. \n 'The judges of this court (the verderers) met every 40 \ndays to hear charges made by the royal foresters. Major \ntrespass cases were heard by the justices in eyre. -Also \ntermed wood-mote;forty-days court. See VERDERER. \nCourt ofAudience. Rist. Eccles. law. A court in which the \nArchbishop of York or Canterbury exercised personal \njurisdiction . This court was abolished in 1963. \n')ust as the bishop did not deprive himself of all jurisdiction \nby delegation to an official or commissary, so the arch \nbishop did not originally deprive himself of all jurisdic \ntion by delegation to the official principal. He possessed a \njurisdiction concurrent with that of the court of the Arches, \nwhich was exercised in the court of Audience. In later times \nthis jurisdiction was exercised by the judge of the court of \nAudience. At one time the archbishop may have exercised \na considerable part of this jurisdiction in this court.\" 1 \nWilliam Holdsworth, A History of English Law 601 (7th ed. \n1956). \nCourt of Augmentations. Hist. A court established in \n1536 by Henry VIII to determine controversies arising \nfrom the royal policy of taking over property owned by \nmonasteries . The court was merged into the Court of \nExchequer in 1554. \nCourt of Canterbury. See COURT OF ARCHES. \nCourt of Cassation (ka-say-shan). The highest court of \nFrance. The court's name derives from its power to \nquash (casser) the decrees of inferior courts. Also \ntermed (more formally) Cour de Cassation. \ncourt ofchancery. See CHANCERY (1). \ncourt ofchivalry. See HIGH COURT OF CHIVALRY. \nCourt ofCivil Appeals. (1892) An intermediate appellate \ncourt in some states, such as Alabama and (formerly) \nTexas. [Cases: Courts 247.] \ncourt of claims. l. See COURT. 2. (cap.) See UNITED \nSTATES COCRT OF FEDERAL CLAIMS. \nCourt ofCommon Pleas. (l6c) 1. Hist. A superior court \nhaving jurisdiction of all real actions and common \npleas (i.e., actions between subjects) . The Court was \npresided over by a chief justice with four (later five) \npuisne judges. In 1873 it became the Common Pleas \nDivision of the High Court ofJustice. In 1881 it merged \ninto the Queen's Bench Division. 2. An intermediate\nlevel court in some states, such as Arkansas. [Cases: \nCourts 3. A trial court ofgeneral jurisdiction \nin some states, such as Ohio, Pennsylvania, and South \nCarolina. [Cases: Courts 150, 151, 153.] -Also \ntermed Court ofCommon Bench. -Abbr. c.P. \n\"Common pleas is the kings Court now held in Westminster \nhall, but in auncient time moveable, as appeareth by the \nstatute called Magna charta . ... [U]ntill the time that \nHenry the third granted the great charter, there were but \ntwo courts in all, called the Kings courts: whereof one was \nthe Exchequer, and the other, the kings bench, which was \nthen called (curia Domini regis) and (aula regis) because \nit followed the court or king: and that upon the grant of that charter, the court of common pleas was erected and \nsetled in one place certaine: viz. at Westminster . ... All \ncivil I causes both reall and personall are, or were in former \ntimes, tryed in this court, according to the strict lawe of \nthe realme: and by Fortescue, cap. 50 it seemeth to have \nbene the onely court for reall causes.\" John Cowell, The \nInterpreter (1607) . \ncourt ofcompetent jurisdiction. See COURT. \ncourt of conscience. Hist. A local English court that had \njurisdiction over small-debt cases . The court was so \ncalled because its judgments were supposed to reflect \nequity and good conscience. County courts assumed \nthe jurisdiction of the courts of conscience in 1846. \nCourt ofConvocation. Eccles. law. An assembly ofhigh \nranking provincial officials and representatives of the \nlower clergy haVing jurisdiction over cases of heresy, \nschism, and other ecclesiastical matters. \nCourt of Criminal Appeals. (1856) 1. For each armed \nservice, an intermediate appellate court that reviews \ncourt-martial decisions. The court was estab\nlished by the Military Justice Act of 1968. 10 USCA \n 859-876. -Formerly termed Court ofMilitary \nReview (abbr. CMR). Military Justice (::::>1411.] \n2. In some jurisdictions, such as Texas and Oklahoma, \nthe highest appellate court that hears criminal cases. \nCourt ofCustoms and Patent Appeals. Hist. An Article \nIII court created in 1929 to hear appeals in customs and \npatent cases . This court was abolished in 1982 and \nwas superseded by the V.S. Court of Appeals for the \nFederal Circuit. Abbr. CCPA. See UNITED STATES \nCOURT OF APPEALS FOR THE FEDERAL CIRCUIT. [Cases: \nPatents \nCourt ofDelegates. Hist. Eccles. law. A court serving as \nthe final court ofappeal for admiralty and ecclesiasti\ncal matters . The Court was established in 1534 to \nserve in the stead ofthe Papal Curia when the English \nChurch severed its ties with the Papacy. Six delegates, \nappointed to hear only one case, made up the Court, \nusu. three persons trained in common law and three \nin civil law. This mixture led to confused rulings and \nunreliable precedents that hindered the Court's cred\nibility and ultimately led to its dissolution. The Court \nwas abolished in 1833 and its jurisdiction transferred \nto the Judicial Committee of the Privy Council. Also \ntermed High Court ofDelegates. \n\"The crown had an absolute discretion as to the person to be \nappointed. But, as the lawyers of Doctors' Commons were \nthe only lawyers acquainted with canon or civil law, certain \nof them were usually included in the commission .... It \nis not surprising to find that the [Court of Delegates] was \nunsatisfactory. It was a shifting body, so that no general \nrules of procedure could be established. It did not as a rule \ngive reasons for its decisions. Its members were only paid \na guinea a day: and consequently it was usually composed \nof the junior civilians. On them, the judges of the common \nlaw courts, appointed as delegates, were obliged to rely \nfor their law. In consequence of the dissatisfaction felt at \nits working the EccleSiastical Commission of 1832, in a \nspecial report, recommended the transfer of its jurisdiction \nto the Privy Council ....\" 1 William Holdsworth, A History \nofEnglish Law 605 (7th ed. 1956). \n\n"}
{"text": "1 William Holdsworth, A History \nofEnglish Law 605 (7th ed. 1956). \n\n415 Court of Great Sessions in Wales \ncourt of domestic relations. See family court under \nCOURT. \nCourt ofEarl MarshaI.1. See COURT OF THE LORD HIGH \nCONSTABLE AND EARL MARSHAL. 2. See HIGH COURT \nOF CHIVALRY. \ncourt ofequity. See COURT. \ncourt of error. 1. Hist. Formerly, the Court of Exche\nquer Chamber and the House ofLords. Appeals from \ncommon-law courts lay to the Court of Exchequer \nChamber, and then to the House of Lords until 1873, \nwhen the Judicature Act gave jurisdiction of superior\ncourt appeals to the Court of AppeaL Cf. COURT OF \nEXCHEQUER CHAMBER. 2. Generally, a court having \njurisdiction to review a lower court's rulings. \nCourt of Errors and Appeals. Hist. Formerly, the court \noflast resort in New Jersey and New York. Also \ntermed High Court ofErrors and Appeals. \nCourt of Exchequer (eks-chek-~r or eks-chek-~r). Hist. \nA former English superior court responsible primarily \nfor adjudicating disputes about the collection ofpublic \nrevenue. In 1873 it became the Exchequer Division \nof the High Court ofJustice. In 1881 that Division was \nmerged into the Queen's Bench Division. See QUEEN'S \nBENCH DIVISION. Cf. CHAMBER OF ACCOUNTS. \nCourt of Exchequer Chamber. Hist. 1. An informal \nassembly of common-law judges who (sometimes with \nthe Lord Chancellor) gathered to discuss important \ncases that had adjourned pending an opinion from \nthe Court. This body never became a court oflaw \nin a technical sense, but judges gave great weight to \nits decisions. The last reported decision of this body \nis from 1738. \n\"Earlier than these two statutory courts was the practice, \nwhich apparently originated about the time of Edward \nI, of informal meetings of the judges in the Exchequer \nChamber to decide matters connected with litigation.... \nThe purpose ofthe meeting was to bring before the judges \na point of law which caused difficulty and which had arisen \nin a case being heard before one or other of the courts. \nAny resolution passed did not constitute ajudgment; it was \nleft to the court concerned to make the appropriate decree, \nand the official record made no reference to the informal \ndecision.... Civil cases were debated in the Exchequer \nChamber as late as the seventeenth century, and criminal \ncases continued to be 'reserved' for full discussion by all \nthe common law judges until the nineteenth century.\" \nA.K.R. Kiralfy, Potter's Outlines of English Legal History \n202-04 (5th ed. 1958). \n2. A court created by statute in 1357 to hear appeals \nfrom the Court of Exchequer. 3. A court created by \nstatute in 1585 to hear appeals from the King's Bench. \n This court consisted ofall the justices ofthe Common \nPleas and the Barons of Exchequer who were ser\njeants. At least six judges were necessary to render a \njudgment. \n\"Parliament was only occasionally summoned in the six \nteenth century; and as Parliament was the only court which \ncould amend errors of the King's Bench, the want of a court \nwhich could hold regular sessions was much felt. To supply \nthis want a new court of Exchequer Chamber was created in \n1585 for the purpose of amending the errors of the King's Bench.\" 1 William Holdsworth, A History of English Law \n244 (7th ed. 1956). \n4. A court charged with hearing appeals from the com\nmon-law courts of record . This court was created in \n1830 by combining the courts created by the statutes of \n1357 and 1585. Appeals from one common-law court \nwere heard by judges from the other two courts. \n\"This complicated system ofappellate courts was abolished \nin 1830, when a new Court of Exchequer Chamber was set \nup as the court of error from each of the three common law \ncourts. It was composed of the judges of the two common \nlaw courts other than those of the court appealed from. At \nthe same time the right of the King's Bench to hear error \nfrom the Common Pleas was abolished. From the judgment \nof this new court a further appeal still lay to the House of \nLords. This court was thus, until the Judicature Act, 1873, \na court of intermediate appeals. Its jurisdiction after the \nJudicature Act passed to the Court of Appeal which was \nthen created.\" W.J.V. Windeyer, Lectures on Legal History \n144 (2d ed. 1949). \nCourt ofFaculties. Eccles. law. An archbishop's tribunal \nthat grants special dispensations (such as a marriage \nlicense) and decides questions relating to monuments \nand mortuary matters. See MASTER OF THE FACUL\nTIES. \nCourt of Federal Claims, U.S. See UNITED STATES \nCOURT OF FEDERAL CLAIMS. \ncourt officer. See OFFICER OF THE COURT. \ncourt offinal appeal. See COURT. \ncourt of first instance. See trial court under COURT. \ncourt ofgeueral jurisdiction. See COURT. \nCourt of General Quarter Sessions of the Peace. Hist. \n1. English law. A court of criminal jurisdiction held \nin each county (or borough) once in every quarter of \na year.  The court was made up of a county's justices \nofthe peace. It committed certain cases to the Assizes. \nQuarter Sessions were abolished in 1971, with most \njurisdiction transferred to the Crown Court. Often \nshortened to Quarter Sessions; Sessions. \n\"The court of general quarter sessions of the peace is a \ncourt that must be held in every county, once in every \nquarter of a year .... It is held before two or more justices \nof the peace, one of which must be of the quorum. The \njurisdiction of this court, by statute 34 Edw. III. c. I. extends \nto the trying and determining all felonies and trespasses \nwhatsoever, though they seldom, if ever, try any greater \noffence than small felonies within the benefit ofclergy ....\" \n4 William Blackstone, Commentaries on the Laws ofEngland \n268 (1769). \n2. A court held in some states four times a year with \njurisdiction over misdemeanors and occasionally tasks \nof an administrative nature, such as the care of public \nroads and bridges. -Often shortened to Quarter \nSessions Court. Also termed Court of Quarter \nSessions ofthe Peace. \nCourt of Great Sessions in Wales. Hist. A common-law \ncourt established in 1543 in Wales with jurisdiction \nequivalent to that of the English assizes . 1he Court \nof Great Sessions was bound to follow English law, but \nnot necessarily English case precedent. Also termed \nKing's Great Sessions in Wales. \n\n416 Court of High Commission \n'There was no outcry when, in 1536, 'the sinister usages \nand customs' of the Welsh were abrogated and Welsh \nsubjects were granted the same laws and liberties as \nthe English .. , . A new system of courts, called the Great \nSessions in Wales, was set up. The courts were to sit twice \na year in four circuits, each comprising three counties, and \nto each circuit were appointed justices 'learned in the laws \nof this realm'. These courts operated alongside the English \ncourts, and they had the same jurisdiction in Wales as the \nKing's Bench and Common Pleas had in England .... In \n1830 the Great Sessions were abolished, and by complete \nprocedural assimilation England and Wales became at las! \none unified jurisdiction, two extra circuits being added to \nthe English aSSize system.\" J.H. Baker, An Introduction to \nEnglish Legal History 37-38 (3d ed. 1990). \nCourt of High Commission. Hist. Eccles. law. A tribunal \nresponsible for inquiring into religiOUS offenses such \nas the holding ofheretical opinions, and absence from \nchurch. Functioning as a court, the High Commis\nsion also prosecuted violations of the Acts of Suprem\nacy and Uniformity (1559), the statutes that gave the \nCrown supreme power over the Church of England. The \nCommission's broad powers and use of civil-law proce\ndures in wavs counter to the common law (such as com\npelling suspects to testify against themselves) sparked \nopposition to its existence. Its close relationship with \nthe Court ofStar Chamber hastened its demise (along \nwith the Star Chamber) in 1641. -Also termed High \nCommission Court. \n\"[T1he court of the king's high commission in causes eccle\nsiastical .. _ was intended to vindicate the dignity and \npeace of the churCh, by reforming, ordering, and correct\ning the ecclesiastical state and persons, and all manner of \nerrors, hereSies, schisms, abuses, offences, contempts, \nand enormities. Under the shelter of which very general \nwords, means were found in that and the two succeeding \nreigns, to vest in the high commissioners extraordinary \nand almost despotic powers, of fining and imprisoning; \nwhich they exerted much beyond the degree of the offence \nitself, and frequently over offences by no means of spiritual \ncognizance. For these reasons this court was justly abol\nished by Statute 16 Car. I, c. 11. And the weak and illegal \nattempt that was made to revive it, during the reign of King \nJames the second, served only to hasten that infatuated \nprince's ruin.\" 3 William Blackstone, Commentaries on the \nLaws ofEngland 67-68 (1768). \nCourt of Honor. Hist. 1. English law. A feudal court of \nthe manor. 2. English law. A court with jurisdiction to \nhear complaints concerning either affronts to honor \nor encroachments in precedence rights, heraldry, or \ncoat-armor. 3. A tribunal of army officers convened \nto review and punish any dereliction from a code of \nhonor. \nCourt of Hustings (h<ls-tingz). Hist. 1. English law. \nA local court with jurisdiction over real and mixed \nactions, held in the Guildhall of London before the \nRecorder, the Lord Mayor, and Sheriff (the latter two \nofficials serving as honorary judges) . This court dates \nfrom before the Conquest. 2. Formerly, a local court in \nVirginia. -Also termed curia burgi. See HUSTING. \ncourt of impeachment. See COURT FOR THE TRIAL OF \nIMPEACHMENTS. \ncourt ofinquiry. See COURT. \ncourt of instance. See trial court under COURT. Court ofInternational Trade, U.S. See UNITED STATES \nCOURT OF INTERNATIONAL TRADE. \nCourt of Justice Seat. See COURT OF THE CHIEF JUSTICE \nIN EYRE. \nCourt of Justiciary, High. See HIGH COURT OF JUSTI\nCIARY. \nCourt of King's Bench. See KINe'S BENCH. \ncourt oflast resort. See COURT. \ncourt oflaw. See COURT. \ncourt of limited jurisdiction. See COURT. \nCourt of Magistrates and Freeholders. Hist. A South \nCarolina court with criminal jurisdiction over alleged \noffenses committed by slaves and free persons of \ncolor. \nCourt of Military Appeals. See UNITED STATES COURT \nOF APPEALS FOR THE ARMED FORCES. \nCourt of Military Review. See COURT OF CRIMINAL \nAPPEALS (1). \ncourt of nisi prius. See NISI PRIUS. \nCourt ofthe Official Principal. See COURT OF ARCHES. \ncourt ofordinary. See probate court under COURT. \ncourt of original jurisdiction. See COURT. \nCourt ofOrphans. Hist. In Maryland and Pennsylvania, \na court that exercised probate jurisdiction. \nCourt of Oyer and Terminer (oY-<1r an[d] t<lr-ma-nar). \n(l7c) 1. Hist. An assize court commissioned by the \nCrown to pass through the counties two or more times \na year and hear felonies and treason cases . The judges \nsat by virtue of several commissions, each of which, \nstrictly speaking, created a separate and distinct court. \nA judge with an oyer and terminer commission, for \nexample, was allowed to hear only cases of felony and \ntreason; he could not try persons charged with other \ncriminal offenses. But if the judge also carried a com\nmission ofgaol delivery (as most did), he could try all \nprisoners held in gaol for any offense; in this way most \nCourts ofOyer and Terminer gathered full criminal \njurisdiction. The jurisdiction of the assize courts was \ntaken over by the Crown Court in 1971. See ASSIZE (1); \nCOMMISSION OF OYER AND TERMINER; COMMISSION OF \nGAOL DEl.IVERY. 2. In some states, a court of higher \ncriminal jurisdiction. \nCourt of Oyer and Terminer and General Gaol \nDelivery. Hist. 1. A court that carries the commissions \nof oyer and terminer and gaol delivery. See COMMIS\nSION OF OYER AND TERMINER; COMMISSION OF GAOL \nDELIVERY. 2. In Pennsylvania, a court of criminal juris\ndiction. \nCourt of Peculiars. Hist. Eccles. law. A branch of the \nCourt ofArches that had jurisdiction over the provin\ncial parishes of Canterbury that were exempt from the \njurisdiction of the diocesan bishop and responsible to \nthe metropolitan only . The Court of Peculiars was \nabolished in the 19th century. See COURT OF ARCHES; \nPECULIAR. \n\n417 \ncourt of petty sessions. See magistrate's court under \nCOURT. \ncourt of piepowder. See PIEPOWDER COURT. \nCourt of Pleas. Hist. A court of the county palatine of \nDurham, England having a local common-law jurisdic\ntion. It was abolished in 1873, and its jurisdiction was \ntransferred to the High Court. Also termed Court \nofPleas ofDurham. \nCourt of Policies of Insurance. Hist. A court that \ndetermines in a summary way insurance-policy issues \narising between merchants . The Court's jurisdiction \nextended only to London, and"}
{"text": "a summary way insurance-policy issues \narising between merchants . The Court's jurisdiction \nextended only to London, and appeal was taken to the \nCourt ofChancery. The Court was abolished in 1863. \nAlso termed Court of Policies ofAssurance. \nCourt ofPrivate Land Claims. Hist. A federal court\nin existence from 1891 to 1895 with jurisdiction \nto hear private parties' claims to public-domain land \nlocated in the southwestern part of the United States \nand deriving from Spanish or Mexican grants. \nCourt of Probate. 1. Hist. A court established in 1857 \nto receive the testamentary jurisdiction formerly \nheld by the ecclesiastical courts. e In 1873 the Court \nwas merged into the High Court ofJustice, where its \njurisdiction was exercised by the Probate Divorce and \nAdmiralty (now Family) Division. 2. See probate court \nunder COURT. \nCourt of Quarter Sessions ofthe Peace. See COURT OF \nGENERAL QUARTER SESSIONS OF THE PEACE. \nCourt of Queen's Bench. See BENCH. \ncourt ofrecord. See COURT. \nCourt of Regard. Hist. A forest court responsible for \nlooking into matters of waste and encroachment onto \nforest land (Le., purpresture). eThe Court also ensured \nthat the feet of all mastiffs a breed allowed in royal \nforests as guard dogs within the forest were declawed \nand cut so as to prevent them from chaSing deer. \nCourt of Requests. Rist. A royal court whose jurisdic\ntion was mainly civil, though it exercised quasi-crim\ninal jurisdiction in offenses such as riot and forgery. \n Dating from 1483, the Court of Requests was a part \nof the Privy Council. It was disbanded in 1641 when \nParliament limited the Privy Council's judicial func\ntions. \n''The establishment of the court of Requests was due to \nthe large increase in the judicial business of the Council \nand the Chancery under the Tudors .... It was related both \nto the judicial side of the Council, which, as we shall see. \ncame, in the course of the Tudor period, to be known as the \ncourt of Star Chamber, and to the court of Chancery .... \n[FJrom the end of Henry VIII's reign onwards, the legal \nassessors of the court assumed entire control, with the \nresult that it became a court which was quite separate \nfrom the court of Star Chamber. These legal assessors were \nstyled Masters of Requests, and from their title the court \ngot its name.\" 1 William Holdsworth, A History of English \nLaw 412-13 (7th ed. 1956). \ncourt of review. See appellate court under COURT. \nCourt ofSession. 1. Scots law. 1he supreme Scottish civil \ncourt.  Its jurisdiction corresponds generally to the Court of the Lord High Steward \nEnglish High Court ofJustice. The Court of Session is \ndivided into Outer House and Inner House. In Outer \nHouse, one judge hears cases of first instance. The \nOuter House's jurisdiction corresponds generally to \nthe English High Court ofJustice. The Outer House has \ntwo appellate chambers, the First and Second Division, \nin which three-judge panels sit. The Inner House's juris\ndiction corresponds generally to the English Court of \nAppeal. The Court of Session also has several Lords \nOrdinary, who sit individually as trial judges. Also \ntermed Supreme Civil Court in Scotland. 2. In a few \nstates, a court with jurisdiction over criminal cases. \nCourt ofShepway. Hist. The Court ofthe Lord Warden \nofthe Cinque Ports, exercising civil jurisdiction . The \ncivil jurisdiction of the Cinque Ports was abolished in \n1855. See CINQUE PORTS. \ncourt of special jurisdiction. See limited court under \nCOURT. \ncourt ofspecial session. See COURT. \nCourt ofStar Chamber. See STAR CHAMBER (1). \ncourt ofsummary jurisdiction. See magistrate's court \nunder COURT. \nCourt ofSwain mote. See COURT OF SWEINMOTE. \nCourt of Sweinmote (swayn-moht). Hist. A medieval \nforest court with jurisdiction over a variety ofmatters, \nesp. the right to graze animals during the summer when \ndeer were fawning . The forest freeholders (the sweins) \nmade up the jury of the Court. By the 14th century, the \nCourt's jurisdiction had expanded, and it acquired a \nform similar to the eyre courts. Also spelled Court \nofSwainmote. \nCourt ofTeinds. See TEIND COURT. \nCourt of the Chief Justice in Eyre (air). Hist. An eyre \ncourt responsible for trying offenses against the forest \nlaws. The jurisdiction of this Court was similar to \nthat ofthe Court ofSweinmote. Also termed Court \nofJustice Seat. \nCourt ofthe Earl Marshal. 1. COURT OF THE LORD HIGH \nCONSTABLE AND EARL MARSHAL. 2. HIGH COURT OF \nCHIVALRY . \nCourt ofthe Lord High Admiral. See HIGH COURT OF \nADMIRALTY. \nCourt ofthe Lord High Constable and Earl Marshal. \nHist. A court having jurisdiction over diverse military \nmatters, such as treason, prisoners ofwar, and disputed \ncoats ofarms. The Lord High Constable and the Earl \nMarshal were the top military officials ofthe Norman \nkings. After the office ofLord High Constable was for\nfeited in 1521, the court continued on as the Court ofthe \nEarl Marshal, but its jurisdiction was reduced to ques\ntions ofchivalry only. Cf. HIGH COURT OF CHIVALRY. \nCourt of the Lord High Steward. Hist. A court com\nmissioned to try a peer indicted for treason or a felony. \n The Court met only if the House of Lords was not \nin session. The Lord High Steward sat as a judge and \ndecided questions oflaw, and the peers decided facts \nonly. The Court last sat in 1688. \n\n418 Court of the Lord High Steward of the Universities \nCourt of the Lord High Steward of the Universities. \nHist. A court convened to try scholars, esp. Oxford \nor Cambridge students, who have been indicted for \ntreason, felony, or mayhem. \nCourt ofthe Marshalsea (mahr-shdl-see). Hist. A court \nthat moved about with the king, and had jurisdiction \nover certain cases arising within 12 miles of the king's \nresidence tan area known as the verge). _ The Court's \nsteward and marshal acted as judges of the Court, and \nheard criminal cases and the common pleas of debt, \ncovenant, and certain trespasses. The court's migra\ntory nature made it inconvenient for litigants, and \nprompted its abolition in 1849. -Also termed Court \nofthe Steward and Marshal. Cf. PALACE COURT. \n\"Coke points out that all the Acts passed concerning this \ncourt restrained, or explained, but never added to its juris\ndiction. He decided, in the Case of the Marsha/sea, that it \ncould not try the newer forms of action such as assumpsit \nand trover. Its once general jurisdiction had passed to the \ncourt of King's Bench, and the attitude of that court to the \nmore limited court of the Marshalsea made the court of the \nMarshalsea almost useless. There were complaints in the \nseventeenth century of the conduct of its officials; and, as \nit was obliged to follow the king in his progresses, it was \na court extremely inconvenient to use.\" 1 William Holds \nworth, A History ofEnglish Law 208 (7th ed. 1956). \nCourt ofthe Official Principal. See COURT OF ARCHES. \nCourt ofthe Steward and Marshal. See COURT OF THE \nMARSHALSEA. \nCourt ofthe Steward ofthe King's Household. Hist. A \ncourt having jurisdiction over criminal cases involv\ning a member of the royal household. -This court's \njurisdiction was at first limited to acts of violence by the \nking's servants toward a member ofthe king's council, \nbut it was later given broader criminal authority. The \nCourt was abolished in 1828. \nCourt of Verge. 1. See VERGE (1). 2. See VERGE (2). \nCourt of Veterans Appeals, U.S. See UNITED STATES \nCOURT OF VETERANS APPEALS. \nCourt of Wards and Liveries. Hist. A court created \nin 1540 to assert the Crown's right to income from a \nvariety of feudal tenures . The Court's unpopularity \nled to its abolition in 1660. \n\"[I]nquests of office were more frequently in practice than \nat present, during the continuance of the military tenures \namong us: when, upon the death of everyone of the king's \ntenants, an inquest of office was held, called an inquisitio \npost mortem, to enquire of what lands he died seised, who \nwas his heir, and of what age, in order to entitle the king \nto his marriage, wardship, relief, primer-seisin, or other \nadvantages, as the circumstances of the case might turn \nout. To superintend and regulate these enquiries, the court \nof wards and liveries was instituted by statute 32 Hen. VIII \nc. 46 which was abolished at the restoration of king Charles \nthe second, together with the oppressive tenures upon \nwhich it was founded.\" 3 William Blackstone, Commentaries \non the Laws ofEng/and 258 (1768). \ncourtoisie internationale. See COMITY. \ncourt order. See ORDER (2). \ncourt-ordered arbitration. Seejudicial arbitration under \nARBITRATION. court-packing plan. A unsuccessful proposal- made in \n1937 by President Franklin D. Roosevelt -to increase \nthe number of U.S. Supreme Court justices from nine to \nfifteen. -'The ostensible purpose ofthe proposal was to \nincrease the court's efficiency, but President Roosevelt \nwanted to appoint justices who would not block his \nadministration's New Deal programs. \ncourt papers. (l7c) All documents that a party files with \nthe court, including pleadings, motions, notices, and \nthe like. Often shortened to papers. -Also termed \nsuit papers. \ncourt probation. See bench probation under PROBA\nTION. \ncourt recorder. See RECORDER. \ncourt reporter. (1894) 1. A person who records testi\nmony, stenographically or by electronic or other means, \nand when requested, prepares a transcript <the deposi\ntion could not start until the court reporter arrived>. \nAlso termed (in BrE) official shorthand writer. Cf. court \nrecorder under RECORDER. [Cases; Courts C=>57; Trial \nC.~23.]2. REPORTER OF DECISIONS. \ncourt roll. Hist. A record of a manor's tenures; esp., a \nrecord of the terms by which the various tenants held \ntheir estates. -Copyhold tenure, for example, devel\noped from the practice of maintaining court rolls. See \nCOPYHOLD. \ncourtroom. The part of a courthouse where trials \nand hearings take place. Cf. judge's chamber under \nCHAMBER. [Cases; Courts C-=72.] \ncourtroom deputy. See DEPUTY. \ncourtroom privilege. See judicial privilege under PRIVI\nLEGE (1). \ncourt rules. (17c) Regulations having the force of law \nand governing practice and procedure in the various \ncourts, such as the Federal Rules of Civil Procedure, the \nFederal Rules of Criminal Procedure, the U.S. Supreme \nCourt Rules, and the Federal Rules of Evidence, as well \nas any local rules that a court promulgates. -Also \ntermed rules ofcourt. [Cases; Courts C=>78-85; Federal \nCivil Procedure C=>21.] \ncourts ofthe franchise. See FRANCHISE COURT. \ncourt system. The network ofcourts in a jurisdiction. \ncourt trial. See bench trial under TRIAL. \ncourt witness. See WITNESS. \ncousin. 1. A child ofone's aunt or uncle. -Also termed \nfirst cousin;full cousin; cousin-german. 2. A relative \ndescended from one's ancestor (such as a grandpar\nent) by two or more steps in a diverging line. 3. Any \ndistant relative by blood or marriage; a kinsman or \nkinswoman. \ncousin-german. A first cousin; a child of a full sibling \nofone's mother or father. See GERMAN. \ncousin-in-law. 1. The husband or wife ofone's cousin. \n2. A cousin of one's husband or one's wife. \n\n419 \ncousin once removed. 1. A child of one's cousin. 2. A \ncousin ofone's parent. \ncousin twice removed. 1. A grandchild ofone's cousin. \n2. A cousin of one's grandparent. \nfirst cousin. See COUSIN (I). \nsecond cousin. A person related to another by descend\ning from the same great-grandfather or great-grand\nmother. \nthird cousin. A person related to another by descend\ning from the same great-great-grandfather or great\ngreat-grandmother. \ncovenant (k;>v-a-nant), n. (14c) 1. A formal agreement \nor promise, usu. in a contract or deed, to do or not do \na particular act. \nabsolute covenant. (17c) A covenant that is not quali\nfied or limited by any condition. Cf. conditional \ncovenant. \naffirmative covenant. A covenant that obligates a \nparty to do some act; esp., an agreement that real \nproperty will be used in a certain way . An affirma\ntive covenant is more than a restriction on the use of \nproperty. For the real-property sense, see affirmative \ncovenant under COVENANT (4). Cf. negative covenant. \n[Cases: Covenants (;::::)49, 69.] \nassertory covenant (..-sar-t ..-ree). One that affirma\ntively states certain facts; an affirming promise under \nseal. \nauxiliary covenant (awg-zil-Yd-ree). A covenant that \ndoes not relate directly to the primary subject of the \nagreement, but to something connected to it. Cf. prin\ncipal covenant. \ncollateral covenant (k.J-!at-.J-f.JI). A covenant entered \ninto in connection with the grant ofsomething, but \nthat does not relate immediately to the thing granted"}
{"text": ".JI). A covenant entered \ninto in connection with the grant ofsomething, but \nthat does not relate immediately to the thing granted; \nesp., a covenant in a deed or other sealed instrument \nnot pertaining to the conveyed property. Cf. inherent \ncovenant. \nconcurrent covenant. (1819) A covenant that reqUires \nperformance by one party at the same time as anoth\ner's performance. \nconditional covenant. (17c) A covenant that is qualified \nby a condition. Cf. absolute covenant. \ncontinuing covenant. A covenant that requires the suc\ncessive performance ofacts, such as an agreement to \npay rent in installments. \ncovenant in deed. See express covenant. \ncovenant in law. See implied covenant. \ncovenant not to compete. See noncompetition cove\nnant. \ncovenant not to execute. A covenant in which a party \nwho has won a judgment agrees not to enforce it.  \n'Ihis covenant is most common in insurance law. \n[Cases: Insurance (;::::>3367; Release (;::::>37.] \ncovenant not to sue. (l8c) A covenant in which a party \nhaving a right of action agrees not to assert that covenant \nright in litigation. -Also termed contract not to sue. \n[Cases: Release 37.] \n\"A covenant not to sue is a promise by the creditor not \nto sue either permanently or for a limited period. If the \npromise is one never to sue It operates as a discharge just \nas does a release. The theory is that should the creditor sue \ndespite his promise not to. the debtor has a counterclaim \nfor damages for breach of the creditor's covenant not to \nsue which is equal to and cancels the original claim .... If \nthe covenant is not to sue for a limited time, the modern \nview is that the covenant may be raised as an affirmative \ndefense to any action brought in violation of the covenant.\" \nJohn D. Calamari &Joseph M. Perillo, The Law ofContracts \n 2111, 878-79 (3d ed. 1987). \ndependent covenant. A covenant that imposes a duty \nthat depends on the other party's prior performance. \n Until the performance, the other party does not \nhave to perform. Cf. concurrent covenant; indepen\ndent covenarlt. \nexecuted covenant. A covenant that has been fully per\nformed. \nexecutory covenant (eg-zek-ya-tor-ee). A covenant that \nremains unperformed in whole or in part. \nexpress covenant. (17c) A covenant created by the words \nof the parties. Also termed covenant in deed. Cf. \nimplied covenant. \nimplied covenant. (17c) A covenant that can be inferred \nfrom the whole agreement and the conduct of the \nparties. Also termed covenant in law. See implied \nterm under TERM (2). Cf. express covenant. \nimplied covenant ofgood faith andfair dealing. (1924) \nAn implied covenant to cooperate with the other party \nto an agreement so that both parties may obtain the \nfull benefits ofthe agreement; an implied covenant to \nrefrain from any act that would injure a contracting \nparty's right to receive the benefit of the contract . \nBreach ofthis covenant is often termed bad faith. See \nBAD FAITH (2). [Cases: Contracts 168.] \nimplied negative covenant. (1890) A covenant binding \na grantor not to permit use of any reserved right in \na manner that might destroy the benefits that would \notherwise inure to the grantee. \nindependent covenant. A covenant that imposes a duty \nthat does not depend on the other party's prior per\nformance. Cf. dependent covenant. \ninherent covenant. A covenant that relates directly to \nland, such as a covenant of quiet enjoyment. Cf. col\nlateral covenant. \nintransitive covenant. A covenant whose performance \ndoes not pass from the original covenantor to the cov\nenantor's representatives. Cf. transitive covenant. \njoint covenant. A covenant that binds two or more cov\nenantors together. Cf. several covenant. \nnegative covenant. (I8c) A covenant that requires a \nparty to refrain from doing something; esp., in a real\nestate financing transaction, the borrower's promise \nto the lender not to encumber Of transfer the real \nestate as long as the loan remains unpaid. Cf. affir\nmative covenant. \n\ncovenant 420 \nnoncompetition covenant. A promise, usu. in a sale\nof-business, partnership, or employment contract, \nnot to engage in the same type ofbusiness for a stated \ntime in the same market as the buyer, partner, or \nemployer. Noncompetition covenants are valid to \nprotect business goodwill in the sale of a company. \nIn other contexts, they are generally disfavored as \nrestraints of trade: courts generally enforce them \nfor the duration of the business relationship, but \nprovisions that extend beyond the termination of \nthat relationship must be reasonable in scope, time, \nand territory. Also termed noncompetition agree\nment; noncompete covenant; covenant not to compete; \nrestriCtive covenant; promise not to compete; contract \nnot to compete. [Cases: Contracts C=> 115.] \npositive covenant. A covenant that requires a party to \ndo something (such as to erect a tence within a speci\nfied time). \nprincipal covenant. A covenant that relates directly to \nthe principal matter of an agreement. Cf. auxiliary \ncovenant. \nprotection covenant. See PROTECTION COVENANT. \nrestrictive covenant. See noncompetition covenant. (For \nthe real-property sense, see restrictive covenant under \nCOVENANT (4).) \nseveral covenant. A covenant that binds two or more \ncovenantors separately. Also termed separate \ncovenant. Cf. joint covenant. \ntransitive covenant. A covenant whose duty ofperfor\nmance passes from the original covenantor to the cov\nenantor's representatives. Cf. intransitive covenant. \n2. TREATY. 3. A common-law action to recover damages \nfor breach of contract under seal. 4. A promise made in \na deed or implied by law; esp., an obligation in a deed \nburdening or favoring a landowner. See contract under \nseal under CONTRACT. [Cases: Covenants C=> 1-84.] \ncovenantal, adj. \n\"A covenant is properly defined as a promise made in deed, \nalthough in practice the term is used rather more loosely to \nmean simply an obligation affecting a landowner whether \ncreated by deed or not.\" Peter Butt, Land Law 334-35 (2d \ned. 1988). \n\"In their nature, covenants are first cousins to easements \nappurtenant. The burdened land corresponds to a servient \ntenement, the benefitted land, to a dom inant tenement, \nIn concept, the main difference between easements and \ncovenants is that, whereas an easement allows its holder to \ngo upon and to do something upon the servient tenement, \nthe beneficiary of a covenant may not enter the burdened \nland, but may require the owner of that land to do, Of \nmore likely not to do, something on that land,\" Roger A. \nCunningham et aI., The Law of Property  8.13, at 467 (2d \ned. 1993). \naffirmative covenant. An agreement that real property \nwill be used in a certain way. An affirmative \ncovenant is more than a restriction on the use of \nproperty. It requires the owner to undertake certain \nacts on the property. For a more general definition of \nthis term, see affirmative covenant under COVENANT \n(1). covenant against encumbrances. (1807) A grantor's \npromise that the property has no visible or invis\nible encumbrances . In a special warranty deed, \nthe covenant is limited to encumbrances made by \nthe grantor. Also termed general covenant against \nencumbrances. Cf. special covenant against encum\nbrances. [Cases: Covenants 64.] \ncovenant appurtenant (;J-par-t;J-n;mt). (1899) A \ncovenant that is connected with the grantor's land; a \ncovenant running with the land. Cf. covenant in gross. \n[Cases: Covenants C=:.J53-70.J \ncovenant for further assurances. (18c) A covenant to \ndo whatever is reasonably necessary to perfect the title \nconveyed if it turns out to be imperfect. See further \nassurance under ASSURANCE. [Cases: Covenants \n44, 66.J \ncovenant for possession. A covenant giving a grantee \nor lessee possession ofland. \ncovenant for quiet enjoyment. (17c) 1. A covenant \ninsuring against the consequences of a defective title \nor any other disturbance of the title. [Cases: Cov\nenants 65.] 2. A covenant ensuring that the \ntenant will not be evicted or disturbed by the grantor \nor a person having a lien or superior title . This \ncovenant is sometimes treated as being synonymous \nwith covenant ofwarranty. Also termed covenant \nofquiet enjoyment. \ncovenant for title. (I8c) A covenant that binds the \ngrantor to ensure the completeness, security, and \ncontinuance of the title transferred . This covenant \nusu. includes the covenants for seisin, against encum\nbrances, for the right to convey, for quiet enjoyment, \nand of warranty. [Cases: Covenants C::>38-48, \n62-67.] \ncovenant in gross. (17c) A covenant that does not run \nwith the land. Cf. covenant appurtenant. \ncovenant ofgood right to convey. See covenant of \nseisin. \ncovenant ofhabitability (hab-;J-t;)-bil-;J-tee). See implied \nwarranty ofhabitability under WARRANTY (2). \ncovenant ofnonclaim. (1848) A covenant barring a \ngrantor or the grantor's heirs from claiming title in \nthe conveyed land. \ncovenant ofquiet enjoyment. See covenant for quiet \nenjoyment. \ncovenant ofseisin (see-zin). (ISc) A covenant, usu. \nappearing in a warranty deed, stating that the grantor \nhas an estate, or the right to convey an estate, of the \nquality and size that the grantor purports to convey. \n For the covenant to be valid, the grantor must have \nboth title and possession at the time of the grant. \nAlso termed covenant ofgood right to convey; right-to\nconvey covenant. [Cases: Covenants C=>40, 62.] \ncovenant ofwarranty. (ISc) A covenant by which the \ngrantor agrees to defend the grantee against any lawful \nor reasonable claim of superior title by a third party \nand to indemnify the grantee for any loss sustained \n\n~21 \nby the claim. This covenant is sometimes treated \nas being synonymous with covenant for quiet enjoy\nment. The covenant is not breached if the grantor fails \nto defend the grantee against an invalid claim. See \nWARRANTY (1). [Cases: Covenants ~46-48, 67.] \ncovenant running with the land. (l8c) A covenant \nintimately and inherently involved with the land and \ntherefore binding subsequent owners and successor \ngrantees indefinitely. -Also termed real covenant. \n[Cases: Covenants C=53-70.J \n\"The important consequence of a covenant running with the \nland is that its burden or benefit will thereby be imposed \nor conferred upon a subsequent owner of the property \nwho never actually agreed to it. Running covenants thereby \nachieve the transfer of duties and rights in a way not per \nmitted by traditional contract law.\" Roger Bernhardt, Real \nProperty in a Nutshell 212 (3d ed. 1993). \ncovenant running with the title. 1. A covenant that \nrelates to the land but has a specific or reasonably \ndeterminable expiration time. 2. See covenant running \nwith the land. \ncovenant to convey. A covenant in which the cove\nnantor agrees to transfer an estate's title to the cov\nenantee. \ncovenant to renew. An executory contract that gives a \nlessee the right to renew the lease. \ncovenant to stand seised (seezd). Archaic. A covenant \nto convey land to a relative . This covenant could not \nbe used to convey land to a stranger; the only consid\neration that supports the covenant is the relationship \nby blood or marriage. [Cases: Deeds C::c24.] \nfuture covenant. A covenant that can be breached only \nupon interference with the possession ofthe grantee \nor the grantee's successors . The covenants in this \nclass are the covenant for further assurances, the \ncovenant for quiet enjoyment, and the covenant of \nwarranty. The distinction between future and present \ncovenants becomes important in determining when \nthe statute of limitations begins to run. Cf. present \ncovenant. \ngeneral covenant against encumbrances. See covenant \nagainst encumbrances. \nimplied reciprocal covenant. A presumption that a \npromisee has, in return for a promise made respect\ning land, impliedly made a promise to the promisor \nrespecting other land. Also termed implied recip\nrocal servitude. \npersonal covenant. A covenant that creates a personal \nright or obligation enforceable only between the cov\nenanting parties and that is not binding on the heirs \nor assigns of the parties. Cf. covenant running with \nthe land. [Cases: Covenants ~1.] \npresent covenant. A covenant that can be breached \nonly at the time ofconveyance . 1he three covenants \nin this class are the covenant against encumbrances, \nthe covenant of right to convey, and the covenant of \nseisin. Cf. future covenant. \nprotection covenant. See PROTE"}
{"text": ", and the covenant of \nseisin. Cf. future covenant. \nprotection covenant. See PROTECTION COVENANT. coventurer \nreal covenant. See covenant running with the land. \nrestrictive covenant. (1811) 1. A private agreement, \nusu. in a deed or lease, that restricts the use or occu\npancy of real property, esp. by specifying lot sizes, \nbuilding lines, architectural styles, and the uses to \nwhich the property may be put. Some restrictive \ncovenants, such as race-based restrictions on trans\nfers, are unenforceable but do not necessarily void the \ndeed. Also termed restrictive covenant in equity; \nequitable easement; equitable servitude. [Cases: Cov\nenants 69.]2. See noncompetition covenant \nunder COVENANT (1). \nright-to-convey covenant. See covenant ofseisin. \nspecial covenant against encumbrances. (1860) A \ngrantor's promise that the property is free ofencum\nbrances created by the grantor only, not the grantor's \npredecessors. See special warranty deed under DEED. \nCf. covenant against encumbrances. [Cases: Covenants \n~42,64.1 \ncovenant, vb. (14c) To promise Of undertake in a \ncovenant; to agree formally. \ncovenantee (bv-<l-n<ln-tee). (17c) The person to whom a \npromise by covenant is made; one entitled to the benefit \nof a covenant. \ncovenanter. See COVENANTOR. \ncovenant marriage. See MARRIAGE (1). \ncovenant ofgood right to convey. See covenant ofseisin \nunder COVENANT (4). \ncovenant of seisin. See COVENANT (4). \ncovenantor (kav-<l-n<ln-t<lf or k<lv-<l-n,m-tor). (17c) \nThe person who makes a promise by covenant; one \nsubject to the burden of a covenant. -Also spelled \ncovenanter. \ncovenant rnnning with the land. See COVENANT (4). \ncovenant to protect against drainage. See PROTECTION \nCOVENANT. \nCoventry Act (kav-an-tree or kov-). Hist. An 1803 \nEnglish statute establishing the death penalty for \nanyone who, with malice aforethought, did \"cut out or \ndisable the tongue, put out an eye, slit the nose, cut off \na nose or lip, or cut off or disable any limb or member \nofany subject; with the intention in so doing to maim \nor disfigure him.\" \n\"[At common law,] an injury such as cutting off [a man's] \near or nose did not constitute mayhem ... , because it \ndid not result in permanent disablement, but merely dis\nfigured the victim. This was corrected by an early English \nstatute. It seems that an assault was made upon Sir John \nCoventry on the street by persons who waylaid him and slit \nhis nose in revenge for obnoxious words uttered by him in \nParliament. This emphasized the weakness of the law of \nmayhem, and the so-called 'Coventry Act' was passed [in \n1803].\" Rollin M. Perkins & Ronald N. Boyce, Criminal Law \n239-40 (3d ed. 1982). \ncoventurer (koh-ven-ch;Jr-;Jr). (1913) A person who \nundertakes a joint venture with one or more persons. \nAlso termed co-adventurer. Cf. JOINT VENTURE. lCases: \nJoint Adventures \n\ncover, n. The purchase on the open market, by the buyer \nin a breach-of-contract dispute, of goods to substitute \nfor those promised but never delivered by the seller. \nUnder VCC  2-712, the buyer can recover from the \nseller the difference between the cost ofthe substituted \ngoods and the original contract price. [Cases: Sales \n418(7).] \ncoverage, n. (1912) 1. Inclusion ofa risk under an insur\nance policy; the risks within the scope ofan insurance \npolicy. [Cases: Insurance (::::;>2091.] -cover, vb. \ndependent coverage. An insurance provision for pro\ntection ofan insured's dependents. \nfull coverage. I nsurance protection that pays for the \nfull amount ofa loss with no deduction. \n2. The ratio between corporate pretax income and cor\nporate liability for bond interest payments. \ncoverage opinion. See OPINION (2). \ncoverage ratio. (1975) A measurement ofa firm's ability \nto cover its financing charges. \ncover-all clause. See MOTHER HUBBARD CLAUSE (2). \ncover-baron. See COVERT BARON. \ncovered-interest arbitrage. See ARBITRAGE. \ncovered wages. See WAGE. \ncover letter. See TRANSMITTAL LETTER. \ncover note. A written statement by an insurance agent \nconfirming that coverage is in effect.  The cover note \nis distinguished from a binder, which is prepared by \nthe insurance company. \ncovert baron (kav-art bar-;m). [Law French] Hist. The \ncondition or status of a married woman at common \nlaw. Also written cover-baron. -Also termed covert \nde baron. \n\"By marriage, the husband and Wife are one person in law: \nthat is, the very being or legal existence of the woman is \nsuspended during the marriage, or at least is incorporated \nand consolidated into that of the husband: under whose \nwing, protection, and cover, she performs every thing; and \nis therefore called in our law-french a femecovert; is said \nto be covert baron, or under the protection and influence of \nher husband, her baron, or lord; and her condition during \nher marriage is called her coverture.\" 1 William Blackstone, \nCommentaries on the Laws of England 430 (1765). \ncovert-entry search warrant. See SEARCH WARRANT. \ncoverture (kav-ar-char also -tyoor), n. Archaic. The \ncondition ofbeing a married woman <under former \nlaw, a woman under coverture was allowed to sue only \nthrough the personality of her husband>. See feme \ncovert under FEME. [Cases: Husband and Wife (::::;> \n-covert (k\"v-art), adj. \n\"Coverture, is a french word signifying any thing that \ncovereth, as apparel!. a coverlet .... It is particularly \napplied in our common lawe, to the estate and condition \nof a maried woman, who by the lawes of our realme, is in \n(potestate viri) and therefore disabled to contract with any, \nto the preiudice of her selfe or her husband, without his \nconsent and privity: or at the least, without his allowance \nand confirmation.\" John Cowell, The Interpreter (1607). \n\"Coverture is by law applied to the state and condition of a \nmarried woman, who is sub potestati viri, (under the power of her husband) and therefore unable to contract with any \nto the damage of herself or husband, without his consent \nand privity, or his allowance and confirmation thereof. \nWhen a woman is married she is called a Femme couvert, \nand whatever is done concerning her during marriage is \nsaid to be done during coverture.\" The Pocket Lawyer and \nFamily Conveyancer 96 (3d ed. 1833). \ncover-up, n. Concealment ofwrongdOing, esp. by a con\nspiracy of deception, nondisclosure, and destruction \nofeVidence, usu. combined with a refusal to cooperate \nwith investigators . A cover-up often involves obstruc\ntion ofjustice. cover up, vb. \ncovin (kav-.m). Hist. A secret conspiracy or agreement \nbetween two or more persons to injure or defraud \nanother. -Also spelled covine. \n\"Covin is a secret assent determined in the hearts of two or \nmore, to the prejudice of another: As if a tenant for term \nof life, or tenant in tail, will secretly conspire with another, \nthat the other shall recover against the tenant for life the \nland which he holds, &c. in prejudice of him in the rever\nsion.\" Termes de la Ley 129 (lst Am. ed. 1812). \ncovinous (kaV-<'l-ildS), ad;. Hist. Ofa deceitful or fraudu\nlent nature. \ncozen (k<lz-an), vb. Hist. To cheat or defraud. Also \nspelled cosen. \ncozening (kaz-;m-ing). Hist. A deceitful practice; the \noffense of cheating, or fraudulent dealing. Also \nspelled cosening. Cf. STELLIONATUS. \n\"Cosening is an offence unnamed, whereby any thing is \ndone guilefully in or out of contracts, which cannot be fitly \ntermed by any special! name. It is called stellionatus in the \ncivile law ....\" John Cowell, The Interpreter(1607). \nC.P. abbr. COURT OF COMMON PLEAS. \nCPA. abbr. 1. See certified public accountant under \nACCOUNTANT. 2. See continued-prosecution applica\ntion under PATENT APPLICATION. \nCpc. abbr. Certificate of probable cause. See CERTIFI\nCATE OF APPEALABILITY. \nCPD. abbr. OFFICE OF COMMUNITY PLANNING AND \nDEVELOPMENT. \nCPI. abbr. CONSUMER PRICE INDEX. \nCPS. abbr. CHILD PROTECTIVE SERVICES. \nCPSC. abbr. CONSUMER PRODUCT SAFETY COMMIS\nSION. \nCPT. abbr. CARRIAGE PAID TO. \nCR. abbr. CURIA REGIS. \ncrack. vb. Slang. 1. To open (a lock). 2. To decode \n(security information); esp., to decipher or discover (a \ncode, a password, etc. needed to break into a computer, \nnetwork, server, or database). Cf. HACK. 3. To bypass \n(an encryption or a security device, esp. one deSigned \nto prevent unauthorized access, as in a cable televi\nsion box, or copying, as in a DVD player). 4. To hack (a \ncomputer, network, server, or database) with the inten\ntion ofcausing damage or disruption. \ncracking, n. A gerrymandering technique in which a geo\ngraphically concentrated political or racial group that \nis large enough to constitute a district's dominant force \n\nis broken up by district lines and dispersed through\nout two or more districts. Cf. PACKING; STACKING (2). \n[Cases: Elections l2(6).] \ncraft union. See UNION. \ncramdown, n. (1954) Court confirmation of a Chapter \nII bankruptcy plan despite the opposition of certain \ncreditors. Under the Bankruptcy Code, a court may \nconfirm a plan -even ifit has not been accepted by all \nclasses of creditors -ifthe plan (1) has been accepted \nby at least one impaired class, (2) does not discrimi\nnate unfairly, and (3) is fair and equitable. 11 USCA \n 1129(b). [Cases: Bankruptcy C;:>3563.] -cram \ndown, vb: \ncrash-and-dash. See RAM RAID. \ncrashworthiness doctrine. (1969) Products liability. The \nprinciple that the manufacturer of a product will be \nheld strictly liable for injuries occurring in a collision, \neven if the collision results from an independent cause, \nto the extent that a defect in the product causes injuries \nabove and beyond those that would have occurred in \nthe collision itself. -Also termed second-collision \ndoctrine; second-impact doctrine. [Cases: Products \nLiability C;:>20.8.] \ncrassa ignorantia (kras-a ig-na-ran-shee-a). Hist. Gross \nignorance, esp. in circumstances where a person was \nable to acquire knowledge and should have done so. \ncrassa negligentia (kras-a neg-li-jen-shee-a). [Latin] \nHist. Crass negligence; gross negligence. \n\"In the Civil Law: Crassa negligentia is termed magna culpa \nor lata culpa, and it is in some cases deemed equivalent to \nfraud or deceit .... In the Common Law: it is defined to be \nthe want of that care which every man of common sense, \nunder the circumstances, takes of his own property.\" Henry \nC. Adams, A Juridical Glossary 510 (1886). \ncrastino (kras-ta-noh). [Law Latin] Hist. Tomorrow; \non the morrow. The return day of writs, so-called \nbecause the court terms always began on a saint's day; \nwrits were therefore returnable the day after. \nCRAT. abbr. Charitable-remainder annuity trust. See \ncharitable remainder annuity trust under TRUST. \ncreancer (kree-an-sJr). [Law French] Hist. A creditor. \nAlso spelled creansour. \ncreate a blank. Parliamentary law. To amend a motion by \nstriking out one or more terms and replacing them with \nblanks rather than different terms. See amendment by \nstriking out and inserting under AMENDMENT (3). This \nform allows a vote on several competing proposals at \none time, rather than the usual process ofvoting sepa\nrately upon each proposal. See BLANK (2). \ncreationism. The teaching of the biblical version of the \ncreation ofthe universe . The United States Supreme \nCourt held unconstitutional a Louisiana law that \nforbade the teaching of the theory of evolution unless \nbiblical creation was also taught. The Court found \nthe law violated the Establishment Clause of the First \nAmendment because it lacked a \"clear secular purpose.\" \nEdwards v. Aguillard, 482 U.S. 578, 107 S.Ct 2573 (1987). See ANTI-EVOLUTION STATUTE. [Cases: Constitutional \nLaw ~~,1354(2); Schools \nscientific creationism. A doctrine holding that the \nbiblical account ofcreation is supported by scientific \nevidence. \ncreation science. The interpretation ofscientific evidence, \narguments, and knowledge to support creationism. See \nCREATIONISM. \ncreative sentence. See alternative sentence under \nSENTENCE. \ncreative work. See work ofauthorship under WORK (2). \ncreativity. Copyright, The degree to which a work \ndisplays imaginativeness beyond what a person ofvery \nordinary talents might create ."}
{"text": ". Copyright, The degree to which a work \ndisplays imaginativeness beyond what a person ofvery \nordinary talents might create . Labor and expense are \nnot elements of creativity; for that reason, they are not \nprotected by copyright. Feist Pubs. Inc. v. Rural Tel. \nServo Co., 499 U.S. 340, 111 S.Ct. 1282 (1991). Cf. ORIG\nINALITY, SWEAT-OF-THE-BROW DOCTRINE. [Cases: \nCopyrights and Intellectual Property C=> 12.] \n\"Where creativity refers to the nature of the work itself, \noriginality refers to the nature of the author's contribution \nto the work. Thus, a public domain painting may evince \ngreat creativity, but if a copyright claimant adds nothing \nof his own to it, by way of reproduction or otherwise, then \ncopyright will be denied on the basis of lack of original\nity. Conversely, a work may be entirely the product of the \nclaimant's independent efforts, and hence original, but \nmay nevertheless be denied protection as a work of art \nif it is completely lacking in any modicum of creativity.\" 1 \nMelville B. Nimmer & David Nimmer, Nimmer on Copyright \n 2.08[B][2], at 2-88 (Supp. 1995). \ncreator. See SETTLOR (i). \ncreature. See ANIMAL. \ncreature of statute. (1854) A doctrine, governmental \nagency, etc. that would not exist but for a legislative \nact that brought it into being. \ncredential. (usu. pI.) 1. A document or other evidence \nthat proves one's authority or expertise, 2. A testimo\nnial that a person is entitled to credit or to the right to \nexercise official power. 3. The letter of credence given \nto an ambassador or other representative of a foreign \ncountry. [Cases: Ambassadors and Consuls C;:>4.] 4. \nParliamentary law. Evidence of a delegate's entitle\nment to be seated and vote in a convention or other \ndeliberative assembly . Before the meeting begins, the \nevidence usu. takes the form ofa certificate or proof of \nelection or appointment, which the delegate presents \nto a credentials committee so that the committee can \nlist the delegate on its roster. During the meeting, the \nevidence usu, takes the form of a badge or card that \nthe credentials committee issues to each delegate on \nits roster. See credentials committee under COMMIT\nTEE. -credential, vb. \ncredentials committee. See COMMITTEE. \ncredibility, n. (l6c) The quality that makes something \n(as a witness or some evidence) worthy of belief. [Cases: \nCriminal Law Evidence C;:>588.] -credible, \nadj. \ncredible evidence. See EVIDENCE. \n\n424 credible witness \ncredible witness. See WITNESS. \ncredit, n. (l6c) 1. Belief; trust <the jury gave credit to \nBenson's version>. 2. One's ability to borrow money; \nthe faith in one's ability to pay debts <a customer with \ngood credit>. 3. The time that a seller gives the buyer to \nmake the payment that is due <30 days' credit>. 4. The \navailability offunds either from a financial institution \nor under a letter ofcredit <the bank extended a line of \ncredit to the customer>. \nbank credit. Credit that a bank makes available to a \nborrower. \nconsumer credit. Credit extended to an individual \nto facilitate the purchase of consumer goods and \nservices. [Cases: Consumer Credit (;= 1.] \ninstallment credit. Consumer credit scheduled to be \nrepaid in two or more payments, usu. at regular inter\nvals. The seller ordinarily exacts finance charges. \nnon installment credit. Consumer credit arranged to \nbe repaid in a single payment.  Examples include \ndoctors' and plumbers' bills. \nrevolving credit. A consumer-credit arrangement that \nallows the borrower to buy goods or secure loans on \na continuing basis as long as the outstanding balance \ndoes not exceed a specified limit. -Also termed open \ncredit; revolving charge account. Cf. revolver loan \nunder LOAN. [Cases: Consumer Credit (;=34.] \n5. LETTER OF CREDIT <the bank issued a credit in favor \nofthe exporter>. 6. A deduction from an amount due; \nan accounting entry reflecting an addition to revenue or \nnet worth <confirm that the credit was properly applied \nto my account>. Cf. DEBIT. 7. TAX CREDIT <the $500 \ncredit reduced their income-tax liability by $500>. \naccumulated-earnings credit. Tax. A deduction \nallowed in arriving at a corporation's accumulated \ntaxable income . It offsets the base on which the tax \nis assessed by reducing the taxable base by the greater \nof$250,000 or the accumulated earnings retained for \nthe reasonable needs of the corporation, reduced by \nthe net capital gain. IRC (26 USCA)  535. See accu\nmulated-earnings tax under TAX. \ncredit, vb. (17c) 1. To believe <the jury did not credit \nthis testimony>. 2. To enter (as an amount) on the \ncredit side of an account <the account was credited \nwith $500>. \ncreditable. 1. Worthy ofbeing believed; credible <credit\nable evidence>. 2. Capable ofbeing ascribed or credited \n<creditable service time>. 3. Reputable; respectable \n<creditable witness>. \ncredit balance. Accounting. The status of an account \nwhen the sum of the credit entries exceeds the sum of \nthe debit entries. \ncredit bureau. (1874) An organization that compiles \ninformation on people's creditworthiness and publishes \nit in the form of reports that are used chiefly by mer\nchants and service-providers who deal directly with \ncustomers. The practices of credit bureaus are regu\nlated by federal (and often state) law. Most bureaus are members ofthe Associated Credit Bureaus ofAmerica. \nCf. CREDIT-REPORTING BUREAU. [Cases: Credit Report\ning Agencies 1-4.] \ncredit card. An identification card used to obtain items \non credit, usu. on a revolving basis. See revolving credit \nunder CREDIT. Cf. DEBIT CARD. [Cases: Consumer \nCredit C-::8.] \ncredit-card cramming. 1. A credit-card issuer's practice \nof charging consumers for optional goods or services \nthat the consumers have not agreed to payor do not \nunderstand . For example, the credit-card crammer \nmay offer the consumer a free service for a limited \nperiod without making it clear that ifthe service is not \ncanceled when the period ends, it will be automatically \nrenewed for a fee. [Cases: Consumer Credit C:;8.J 2. A \nsingle act ofcharging a consumer's credit card without \nauthorization, particularly for goods or services that the \nconsumer did not agree to or receive. [Cases: Consumer \nCredit \ncredit-card crime. (1970) The offense of using a credit \ncard to purchase something with knowledge that (1) the \ncard is stolen or forged, (2) the card has been revoked or \ncanceled, or (3) the card's use is unauthorized. [Cases: \nConsumer Credit (;=20.] \ncredit freeze. See FREEZE. \ncredit insurance. See INSlJRANCE. \ncredit life insurance. See LIFE INSURANCE. \ncredit line. See LINE OF CREDIT. \ncredit memorandum. A document issued by a seller \nto a buyer confirming that the seller has credited \n(Le., reduced) the buyer's account because of an error, \nreturn, or allowance. \ncredit mobilier. A company or association that carries \non a banking business by making loans on the security \nof personal property. \ncreditor. (15c) 1. One to whom a debt is owed; one who \ngives credit for money or goods. Also termed debtee. \n2. A person or entity with a definite claim against \nanother, esp. a claim that is capable of adjustment and \nliquidation. 3. Bankruptcy. A person or entity having a \nclaim against the debtor predating the order for relief \nconcerning the debtor. [Cases: Bankruptcy (;= 2822.] \n4. Roman law. One to whom any obligation is owed, \nwhether contractual or otherwise. Cf. DEBTOR. \nattaching creditor. A creditor who has caused an \nattachment to be issued and levied on the debtor's \nproperty. [Cases: Attachment C=>16.] \nbond creditor. A creditor whose debt is secured by a \nbond. \ncatholic creditor. Scots law. A person who has a \nsecurity interest in more than one piece ofthe debtor's \nproperty. \ncertificate creditor. A creditor ofa municipal corpora\ntion who receives a certificate ofindebtedness rather \nthan payment because the municipality cannot pay \nthe debt. Cf. warrant creditor. \n\n425 creditor dominii \nconditional creditor. Civil law, A creditor who has \neither a future right of action or a right of action in \nexpectancy. \ncreditor at large. A creditor who has not established the \ndebt by reducing it to judgment, or who has not oth\nerwise secured a lien on any of the debtor's property. \nSee unsecured creditor. \ndomestic creditor. A creditor who resides in the \nsame state or country as the debtor or the debtor's \nproperty. \ndouble creditor. A creditor who has a lien on two funds. \nCf. single creditor. \nexecution creditor. A judgment creditor who has \ncaused an execution to issue on the judgment. [Cases: \nExecution (;:::::0'17,] \nforeign creditor. A creditor who resides in a different \nstate or country from that of the debtor or the debtor's \nproperty. \ngap creditor. Bankruptcy. A creditor who extends credit \nto, lends money to, or has a claim arise against the \ndebtor in the period between the filing ofan involun\ntary bankruptcy petition and the entry ofthe order for \nrelief. -Under the Bankruptcy Code, a gap creditor's \nclaim receives second priority, immediately below \nadministrative claims. 11 USCA  S02(f), S07(a)(2). \n[Cases: BankruptcyC:;:>2833.] \ngeneral creditor. See unsecured creditor. \nhypothetical creditor. Bankruptcy. An actual or code\ncreated judicial-lien creditor or bona fide purchaser \nwho establishes a bankruptcy trustee's status under \nthe Bankruptcy Code's priority scheme, claiming \nproperty through the debtor at the time ofthe bank\nruptcy filing. II USCA  S44. -Also termed hypo\ntheticallien creditor. [Cases: Bankruptcy C:;>2704, \n270S.] \njoint creditor. A creditor who is entitled, along with \nanother creditor, to demand payment from a debtor. \njudgment creditor. See JUDGMENT CREDITOR. \njunior creditor. A creditor whose claim accrued after \nthat of another creditor; a creditor who holds a debt \nthat is subordinate to another's. \nknown creditor. A creditor whose identity or claim \nis either known or reasonably ascertainable by the \ndebtor. -Known creditors are entitled to notice ofthe \ndebtor's bankruptcy or corporate dissolution, as well \nas notice ofany deadline for filing proofs ofclaim. \nlien creditor. A creditor whose claim is secured by a \nlien on the debtor's property. UCC  9-102(a)(52). \n[Cases: Secured Transactions (;:::::0 140.] \npreferred creditor. A creditor with a superior right \nto payment, such as a holder of a perfected security \ninterest as compared to a holder of an unsecured \nclaim. [Cases: Secured Transactions 138-140, \n168.] \nprincipal creditor. A creditor whose claim or demand \ngreatly exceeds the claims ofother creditors. prior creditor. A creditor who is given priority in \npayment from the debtor's assets. \nsecondary creditor. A creditor whose claim is subordi\nnate to a preferred creditor's. \nsecured creditor. A creditor who has the right, on the \ndebtor's default, to proceed against collateral and \napply it to the payment of the debt. UCC  9-102-(a) \n(72). -Also termed secured party. \n'''Secured party' means (A) a person in whose favor a \nsecurity interest is created or provided for under a security \nagreement, whether or not any obligation to be secured \nis outstanding; (B) a person that holds an agricultural lien: \n(C) a consignor; (0) a person to which accounts, chattel \npaper, payment intangibles, or promissory notes have \nbeen sold; or (E) if a security interest or agricultural lien \nis created or provided for in favor of a trustee, agent, col \nlateral agent, or other representative, that representative.\" \nUCC  91 02(a)(50). \nsingle creditor. In the marshaling of assets, a creditor \nwith a lien on one fund. See RULE OF MARSHALING \nASSETS. Cf. double creditor. \nspecialty creditor. A creditor to whom an heir is liable \nfor a decedent's debts to the extent of the land inher\nited. Historically, unless the creditor obtained a \njudgment against the debtor before the debtor's death, \nthe creditor's right of action on the debt was limited \nto the decedent's lawful heir. Ifthe debtor devised the \nland to a stranger, the creditor's claim was defeated. \nSee HEIR (1). [Cases: Descent and Distribution C:;:> \n126; Executors and Administrators \".r~~VJ. \n'There were three exceptions to this rule that a fee simple \nestate was not liable to the creditors of the deceased. Debts \ndue to the Crown and debts due to judgment creditors were \nenforceable against the land notwithstanding the death \nof the owner, and thirdly, if the fee simple tenant had in \nhis lifetime executed a deed whereby he covenanted for \nhimself and his heirs to pay a sum of money, the creditor \n(called a specialty creditor) could make the heir liable for \nthe debt to the extent of the land which had descended \nto him. But this privilege of the specialty creditor was not \nat first enforceable against an equitable fee Simple, and \nit was strictly limited to a right of action against the he"}
{"text": "itor was not \nat first enforceable against an equitable fee Simple, and \nit was strictly limited to a right of action against the heir \nof the deceased, so that the creditor was defrauded of his \nmoney Ifthe deceased devised his land to a stranger.\" C.C \nCheshire, Modern Law ofReal Property 738 (3d ed. 1933). \nsubsequent creditor. A creditor whose claim comes into \nexistence after a given fact or transaction, such as the \nrecording ofa deed or the execution of a voluntary \nconveyance. \nunsecured creditor. A creditor who, upon giving \ncredit, takes no rights against specific property ofthe \ndebtor, Also termed general creditor. See creditor \nat large. \nwarrant creditor. A creditor ofa municipal corporation \nwho is given a municipal warrant for the amount of \nthe claim because the municipality lacks the funds to \npay the debt. Cf. certificate creditor. [Cases: Municipal \nCorporations C:;:>896.] \ncreditor beneficiary. See BENEFICIARY. \ncreditor dominii (kred-i-tor da-min-ee-l). [Law Latin] \nHist. The creditor who is entitled to ownership of an \nobject; a secured creditor. \n\n\"Creditor dominii .... In commodate the lender is creditor \nof the subject. and on the bankruptcy of the borrower may \nvindicate his right of property and recover the subject \nitself ....\" John Trayner. Trayner's Latin Maxims 114 (4th \ned. 1894). \ncreditor's bill. (1826) An equitable suit in which a \njudgment creditor seeks to reach property that cannot \nbe reached by the process available to enforce a \njudgment. -Also termed creditor's suit. [Cases: Debtor \nand Creditor \ncreditor's claim. See CLAIM (5). \ncreditors' committee. (1874) Bankruptcy. A committee \ncomprisjng representatives ofthe creditors in a Chapter \n11 proceeding, formed to negotiate the debtor's plan of \nreorganization. -Generally, a committee has no fewer \nthan 3 and no more than 11 members and serves as an \nadvisory body. 11 USCA  1102. [Cases: Bankruptcy \n(;::::>3024.] \ncreditors' composition. See COMPOSITION (1). \ncreditors' meeting. See MEETING. \ncreditors' scheme of arrangement. See SCHEME OF \nARRANGEMENT. \ncreditor's suit. See CREDITOR'S BILL. \ncredit plan. A financing arrangement under which a \nborrower and a lender agree to terms for a loan's repay\nment with interest, usu. in installments. \nopen-end credit plan. A plan under which a creditor \nreasonably expects repeated transactions, prescribes \nterms for those transactions, and includes a finance \ncharge that may be periodically computed on the out\nstanding balance. 15 USCA  1602(i). \ncredit rating. An evaluation of a potential borrower's \nability to repay debt, prepared by a credit bureau at the \nrequest ofa lender. [Cases: Credit Reporting Agencies \n(;::::>1-4.] \ncredit report. 1. A credit bureau's report on a person's \nfinancial status, usu. including the approximate \namounts and locations ofa person's bank accounts, \ncharge accounts, loans, and other debts, bill-paying \nhabits, defaults, bankruptcies, foreclosures, marital \nstatus, occupation, income, and lawsuits. See CREDIT \nBUREAU. 2. The report of a credit-reporting bureau, \nusu. including highly personal information gathered \nthrough interviews with a person's friends, neigh\nbors, and coworkers. See CREDIT-REPORTING BUREAU. \n[Cases; Credit Reporting Agencies \ncredit-reporting bureau. (1904) An organization that, \non request, prepares investigative reports not just on \npeople's creditworthiness but also on personal infor\nmation gathered from various sources, including inter\nviews with neighbors, friends, and coworkers. -These \nreports are used chiefly by employers (for prospective \nemployees), insurance companies (for applicants), and \nlandlords (for prospective tenants). -Also termed \ninvestigating bureau. Cf. CREDIT BUREAU. [Cases: Credit \nReporting Agencies (;::::> 1-4.J creditrix (kred-;Hriks), n. [fro Latin credere \"to lend, \nentrust\"] Civil law. Archaic. A female creditor. \ncredit sale. See SALE. \ncredit service charge. See SERVICE CHARGE (2). \ncredit-shelter trust. See bypass trust under TRUST. \ncredit slip. A document that allows a store customer to \neither purchase another item or receive cash or credit \nfor merchandise the customer has returned to the \nstore. \ncredit union. A cooperative association that offers low\ninterest loans and other consumer banking services \nto persons sharing a common bond -often fellow \nemployees and their family members. -Most credit \nunions are regulated by the National Credit Union \nAdministration. State-chartered credit unions are \nalso subject to regulation by the chartering state, and \nthey may be regulated bystate bankingboards. [Cases: \nBuilding and Loan Associations C::;) 1-6,24-40.) \n\"Credit unions were the last major thrift institutions \ndeveloped in the United States .... What distinguished \ncredit unions from mutual savings banks and savings and \nloan associations was their emphasis on a common bond \nof workers, church members, or people in a local area, \nwanting to borrow relatively small amounts at reasonable \ninterest rates from each other. and help each other save to \nmeet these short-term needs. Their goal was to provide a \nlow interest rate alternative _.. to loan sharks and pawn\nbrokers.\" William A. Lovett. Banking and Financial institu \ntions Law in a Nutshell 284 (1997). \ncreditworthy, adj. (1924) (Of a borrower) financially \nsound enough that a lender will extend credit in the \nbelief default is unlikely; fiscally healthy. -creditwor\nthiness, n. \ncreeping acquisition. See ACQUISITJON. \ncreeping tender offer. See creeping acquisition under \nACQUISITION. \nC reorganization. See REORGANIZATION (2). \ncrescendo rental. See RENTAL. \ncretion (kree-sh;m), n. [fro Latin cernere \"to decide\") \nRoman law. 1. A method or form ofaccepting an inher\nitance by an heir who is appointed in a testament. -\nCretion usu. had to be declared within 100 days from \nthe date an heir received notice ofthe appointment. \n\"In the old law it was the practice to fix a time limit, usually \nof one hundred days, within which the heir was to make a \nformal acceptance, with the addition that if he failed to do \nso, he was to be disinherited and a substitute was to take \nthe inheritance in his place. This formal acceptance was \nknown as cretio from the Latin verb cernere to decide. \nThe practice had fallen into disuse before Justinian, who \nformally abolished it.\" R.W. Lee, The Elements of Roman \nLaw 199 (4th ed. 1956). \n2. The period within which an heir might decide \nwhether to accept an inheritance. -Also termed (in \nLatin) cretio (kree-shee-oh). cretionary (kree-sh;m\ner-ee), adj. \ncrew member. See SEAMAN. \nCRF. abbr. CRIMINAL-REFERRAL FORM. \n\ncrib, n. [Origin unknown] Hist. An enclosure at the side \nofa court where the apprentices stood to learn the law. \n-For a full historv ofthis term and its variants, see J.H. \nBaker, \"The Pecu~es,\" in The Legal Profession and the \nCommon Law 171, 173 (1986). Also spelled cribbe; \ncrubbe. Also termed pecune. \ncri de pais. See CRY DE PAIS. \ncrier (krI-ar). (15c) 1. An officer ofthe court who makes \npublic pronouncements as required by the court. Cf. \nBAILIFF (1). -Also termed court crier. [Cases: Courts \nC=>58.] 2. An auctioneer. Also spelled cryer. \ncriez la peez (krI-eez 1.'1 pees). [Law French] Hist. \nRehearsethe concord (or peace). -This phrase was \nused to confirm the conveyance of land by fine. The \nserjeant or countor in attendance read the phrase aloud \nin court. See FINE (1). \ncrim. con. abbr. CRIMINAL CONVERSATION. \ncrime. (14c) An act that the law makes punishable; the \nbreach ofa legal duty treated as the subject-matter ofa \ncriminal proceeding. -Also termed criminal wrong. \nSee OFFENSE (1). \n\"Understanding that the conception of Crime, as distin\nguished from that of Wrong or Tort and from that of Sin, \ninvolves the idea of injury to the State of collective com\nmunity, we first find that the commonwealth, in literal \nconformity with the conception, itself interposed directly, \nand by isolated acts, to avenge itself on the author of the \nevil which it had suffered.\" Henry S. Maine, Ancient Law \n320 (17th ed. 1901). \n\"It is a curious fact that all the minor acts enumerated in the \npenal code of a state like, say, New York are in law called \ncrimes, which term includes both murder and overparking. \nIt is a strong term to use for the latter, and of course the law \nhas for centuries recognized that there are more serious \nand less serious crimes. At the common law, however, only \ntwo classes were recognized, serious crimes or felonies, \nand minor crimes or misdemeanors.\" Max Radin, The Law \nand You 91 (1948). \nadministrative crime. (1943) An offense consisting ofa \nviolation ofan administrative rule or regulation that \ncarries with it a criminal sanction. \ncapital crime. See capital offense under OFFENSE (1). \ncommercial crime. (1900) A crime that affects \ncommerce; esp., a crime directed toward the \nproperty or revenues ofa commercial establishment. \n-Examples include robbery ofa business, embezzle\nment, counterfeiting, forgery, prostitution, illegal \ngambling, and extortion. See 26 CFR  403.38. \ncommon-law crime. (1827) A crime that is punish\nable under the common law, rather than by force of \nstatute. Cf. statutory crime. \ncomplainantless crime. See victimless crime. \ncomputer crime. (1971) A crime involving the use of \na computer, such as sabotaging or stealing electroni\ncally stored data. -Also termed cybercrime. [Cases: \nTelecommunications C=> 1342, 1348.] \nconsensual crime. See victimless crime. \nconstructive crime. A crime that is built up or created \nwhen a court enlarges a statute by altering or straining the statute's language, esp. to drawing unreasonable \nimplications and inferences from it. -Also termed \nimplied crime; presumed crime. \ncontinuous crime. (1907) 1. A crime that continues \nafter an initial illegal act has been consummated; a \ncrime that involves ongoing elements. -An example \nis illegal U.S. drug importation. The criminal act is \ncompleted not when the drugs enter the country, but \nwhen the drugs reach their final destination. 2. A \ncrime (such as driving a stolen vehicle) that continues \nover an extended period. Cf. instantaneous crime. \ncorporate crime. (l934) A crime committed by a cor\nporation's representatives acting on its behalf. \nExamples include price-fixing and consumer fraud. \nAlthough a corporation as an entity cannot commit \na crime other than through its representatives, it can \nbe named as a criminal defendant -Also termed \norganizational crime. Cf. occupational crime. [Cases: \nCorporations C=>526.] \ncredit-card crime. See CREDIT-CARD CRIME. \ncrime against nature. See SODOMY. \ncrime against the environment. See ENVIRONMENTAL \nCRIME. \ncrime malum in se. See MALUM IN SE. \ncrime malum prohibitum. See MALUM PROHIBITUM. \ncrime ofomission. (I8c) An offense that carries as its \nmaterial component the failure to act. \ncrime ofpassion. (I8c) A crime committed in the heat \nof an emotionally charged moment, with no oppor\ntunity to reflect on what is happening. See HEAT OF \nPASSION. \ncrime ofviolence. See violent crime. \ncrime without victims. See victimless crime. \ncybercrime. See computer crime. \neconomic crime. A nonphysical crime committed to \nobtain a financial gain or a professional advantage. \n'There are two major styles of economic crime. The first \nconsists of crimes committed by businessmen as an \nadjunct to their regular business activities. Businessmen's \nresponsibilities give them the opportunity, for example, to \ncommit embezzlement, to violate regulations directed at \ntheir areas of business activity, or to evade the payment of \ntaxes. This style of economic crime is often called white\ncollar crime. The second style of economic crime is the \nprovision of illegal goods and services or the provision \nof goods and services in an illegal manner. Illegal provi\nsion of goods and services requires coordinated economic \nactivity similar to that of normal business, but all of those \nengaged in it are involved in crime. The madam operat\ning a brothel has many concerns identical to the manager \nof a resort hotel, and the distributor of marijuana must \nworry about the efficacy of his distribution system just \nas does a distributor of any other product. This type of \neconomic crime is often called organized crime because \nthe necessity of economic coordination outside the law \nleads to the formation of criminal groups with elaborate \norganizational customs and practices.\" Edmund W. Kitch, \n\"Economic Crime,\" in 2 Encyclopedia ofCrime and justice \n670,671 (Sanford H. Kadish ed., 1983). \nenvironmental crime. See ENVIRONMENTAL CRIME. \n\ncrime 428 \nexpressive crime. A crime committed for the sake of \nthe crime itself, esp. out offrustration, rage, or other \nemotion rather than for financial gain. Cf. instrumen\ntal crime. \nfederal crime."}
{"text": "rage, or other \nemotion rather than for financial gain. Cf. instrumen\ntal crime. \nfederal crime. See FEDERAL CRIME. \ngeneral-intent crime. A crime that involves performing \na particular act without intending a further act or a \nfurther result. [Cases: Criminal Law C'-:;)20.] \nhate crime. (1984) A crime motivated by the victim's \nrace, color, ethnicity, religion, or national origin. \nCertain groups have lobbied to expand the defini\ntion by statute to include a crime motivated by the \nvictim's disability, gender, or sexual orientation. Cf. \nhate speech under SPEECH. [Cases: Civil Rights \n1808; Sentencing and Punishment (.=70, 753.J \nhigh crime. (17c) A crime that is very serious, though \nnot necessarily a felony. _ Under the U.S. Constitu\ntion, a government officer's commission ofa \"high \ncrime\" is, along with treason and bribery, grounds \nfor removal from office. U.S. Const. art. II,  4. See \nIMPEACHABLE OFFENSE. \nhonor crime. A crime motivated by a desire to punish \na person who the perpetrator believes has injured a \nperson's or group's sense ofhonor. -The term is most \noften applied to crimes committed against Muslim \nwomen by members oftheir own families for behavior \nthat leads to perceived social harm, esp.loss offamily \nhonor. The term also extends to non-Muslims and \ncovers many acts ofviolence, including assault, rape, \ninfanticide, and murder. When the crime involves a \ndeath, it is also termed honor killing. \nimplied crime. See constructive crime. \ninchoate crime. See inchoate offense under OFFENSE \n(1). \nindex crime. See index offense under OFFENSE (1). \ninfamous crime (in-f\"-m,,s). (16c) 1. At common law, a \ncrime for which part ofthe punishment was infamy, \nso that one who committed it would be declared ineli\ngible to serve on a jury, hold public office, or testify. \n-Examples are perjury, treason, and fraud. [Cases: \nJury (;=;;45; Officers and Public Employees (;:= 31.] \n2. A crime punishable by imprisonment in a peni\ntentiary. -The Fifth Amendment requires a grand\njury indictment for the prosecution of infamous \n(or capital) crimes, which include all federal felony \noffenses. See indictable offense under OFFENSE (1). cr. \nnoninfamous crime. \n\"At common law an infamous crime was one ... inconsis \ntent with the common principles of honesty and humanity. \nInfamous crimes were treason, felony, all offenses found \nin fraud and which came within the general notion of the \ncrimen falSi of the Civil law, piracy, swindling, cheating, \nbarratry, and the bribing of a witness to absent himself \nfrom a trial, in order to get rid of his evidence.\" Justin Miller, \nHandbook ofCriminai Law  8, at 25 (1934). \ninstantaneous crime. (1887) A crime that is fully \ncompleted by a single act, as arson or murder, rather \nthan a series of acts. -The statute of limitations for an instantaneous crime begins to run with its \ncompletion. Cf. continuous crime. \ninstrumental crime. A crime committed to further \nanother end or result; esp., a crime committed to \nobtain money to purchase a good or service. Cf. \nexpressive crime. \ninternational crime. See INTERNATIONAL CRIME. \nmajor crime. See FELONY (1). \nnoninfamous crime. A crime that does not qualify as \nan infamous crime. Cf. infamous crime. \noccupational crime. A crime that a person commits for \npersonal gain while on the job. Cf. corporate crime. \norganizational crime. See corporate crime. \norganized crime. See ORGANIZED CRIME. \npersonal-condition crime. See status crime. \npersonal crime. A crime (such as rape, robbery, or pick\npocketing) that is committed against an individual's \nperson. \npolitical crime. See POLITICAL OFFENSE. \npredatory crime. A crime that involves preying upon \nand victimizing individuals. -Examples include \nrobbery, rape, and carjacking. \npreliminary crime. See inchoate offense under OFFENSE \n(1). \npresumed crime. See constructive crime. \nquasi-crime. (18c) Hist. 1. An offense not subject to \ncriminal prosecution (such as contempt or violation \nof a municipal ordinance) but for which penalties \nor forfeitures can be imposed. _ The term includes \noffenses that give rise to qui tam actions and forfei\ntures for the violation of a public duty. 2. An offense \nfor which someone other than the actual perpetrator \nis held liable, the perpetrator being presumed to act \non the command ofthe responsible party. See quasi\ndelict (1) under DELICT. \nserious crime. 1. See serious offense under OFFENSE (1). \n2. See FELONY (1). \nsignature crime. (1974) A distinctive crime so similar \nin pattern, scheme, or modus operandi to previous \ncrimes that it identifies a particular defendant as the \nperpetrator. [Cases: Criminal Law C='369.15.] \nspontaneous crime. A criminal act that occurs suddenly \nand without premeditation in response to an unfore\nseen stimulus. -For example, a husband who dis\ncovers his wife in bed with another man and shoots \nhim could be said to have committed an effectively \nspontaneous crime. \nstatus crime. (1961) A crime ofwhich a person is guilty \nby being in a certain condition or ofa specific char\nacter. -An example ofa status crime is vagrancy. \nAlso termed status offense; personal-condition crime. \n[Cases: Criminal Law~26.J \nstatutory crime. (1940) A crime punishable by statute. \nCf. common-law crime. [Cases: Criminal Law (:::'::, \n21.1 \n\n429 \nstreet crime. (1966) A crime generally directed \nagainst a person in public, such as mugging, theft, or \nrobbery. Also termed visible crime. \nstrict-liability crime. A crime that does not require a \nmens rea element, such as traffic offenses and illegal \nsales ofintoxicating liquor. [Cases: Criminal Law Cc'=' \n21.] \nsubstantive crime. See substantive offense under \nOFFENSE (1). \nvice crime. A crime of immoral conduct, such as \ngambling or prostitution. \nvictimless crime. (1964) A crime that is considered to \nhave no' direct victim, usu. because only consenting \nadults are involved. -Examples are possession of \nillicit drugs and deviant sexual intercourse between \nconsenting adults. Also termed consensual crime; \ncrime without victims; complainantless crime. \n\"When a man's house has been robbed or his brother \nmurdered, he is likely to take this complaint vigorously to \nthe police and demand action. His presence on the scene \ndramatizes the need for law enforcement and gives sense \nand purpose to the work of the police and district attorney. \nIn contrast, the absence of a prosecuting witness surrounds \n'crimes without victims' with an entirely different atmo\nsphere. Here it is the police who must assume the initiative. \nIf they attempt to work without the aid of informers, they \nmust resort to spying, and this spying is rendered all the \nmore distasteful because what is spied upon 15 sordid and \npitiable.\" Lon L. Fuller, Anatomy of the Law44 (1968). \nviolent crime. (18c) A crime that has as an element \nthe use, attempted use, threatened use, or substan\ntial risk ofuse ofphYSical force against the person or \nproperty ofanother. 18 USCA  16; USSG  2El.3. \nAlso termed crime ofviolence. \nvisible crime. See street crime. \nwar crime. See WAR CRIME. \nwhite-collar crime. See WHITE-COLLAR CRIME. \ncrime against humanity. Int'llaw. A brutal crime that \nis not an isolated incident but that involves large and \nsystematic actions, often cloaked with official author\nity, and that shocks the conscience of humankind. \nAmong the specific crimes that fall within this category \nare mass murder, extermination, enslavement, depor\ntation, and other inhumane acts perpetrated against \na population, whether in wartime or not. See Statute \nof the International Criminal Court, art. 3 (37 ILM \n999). \ncrime against international law. See CRIME AGAINST \nTHE LAW OF NATIONS. \ncrime against peace. Int'llaw. An international crime \nin which the offenders plan, prepare, initiate, or wage a \nwar ofaggression or a war in violation ofinternational \npeace treaties, agreements, or assurances. \ncrime against the law of nations. Int'llaw. L A crime \npunishable under internationally prescribed criminal \nlaw or defined by an international convention and \nrequired to be made punishable under the criminal \nlaw ofthe member states. 2. A crime punishable under \ninternational law; an act that is internationally agreed crimen \nto be of a criminal nature, such as genocide, piracy, \nor engaging in the slave trade. -Also termed crime \nagainst international law. \ncrime against the person. See CRIMES AGAINST PER\nSONS. \ncrime-fraud exception. (1973) The doctrine that neither \nthe attorney-client privilege nor the attorney-work\nproduct privilege protects attorney-client communi\ncations that are in furtherance ofa current or planned \ncrime or fraud. Clark v. United States, 289 U.S. 1, 53 \nS.Ct. 465 (1933); In re Grand Jury Subpoena Duces \nTecum, 731 F.2d 1032 (2d Cir. 1984). [Cases: Criminal \nLaw (;:J627.5(6); Federal Civil Procedure (;:::,1604(1); \nPretrial Procedure Privileged Communications \nand Confidentiality ~154.] \ncrime insurance. See INSURANCE. \ncrime malum in se. See MALUM IN SE. \ncrime malum prohibitum. See MALUM PROHIBITUM. \ncrimen (krI-man), n. [Latin]l. An accusation or charge \nofa crime. 2. A crime. PI. crimina (krim-a-na). \ncrimen expilatae hereditatis (krI-mm eks-p.:>-lay-tee \nha-red-i-tay-tis). Roman law. A false claimant's willful \nspoliation ofan inheritance. \ncrimen falsi (krI-man fal-51 or fawl-sI). [Latin \"the \ncrime of falSifying\") 1. A crime in the nature of \nperjury. -Also termed falsum. 2. Any other ofiense \nthat involves some element of dishonesty or false \nstatement. See Fed. R. Evid. 609(a)(2). [Cases: Wit\nnesses (;:J337(12).] \n\"The starting point [for perjury] seems to have been the \nso-called crimen falSi, --crime of falsifying. In the begin\nning, perhaps, one convicted of perjury was deemed too \nuntrustworthy to be permitted to testify in any other case, \nand the idea grew until the term 'crimen falsI' included any \ncrime involving an element of deceit. fraud or corruption.\" \nRollin M. Perkins & Ronald N. Boyce, Criminal Law 26 (3d \ned.1982). \ncrimen feloniae imposuit (kn-m.:>n fa-Ioh-nee-ee \nim-poz-ya-wit). To accuse or charge with a felony. \ncrimenfurti (kn-man far-tr). [Latin \"the crime of \nstealing\") See THEFT. \ncrimen incendii (krI-man in-sen-dee-r). [Latin \"the \ncrime ofburning\"] See ARSON. \ncrimen innominatum (krI-man i-nom-a-nay-tam). \n[Latin \"the nameless crime\"] See SODOMY. \ncrimen majestatis (kri-man maj-.:>-stay-tis). [Latin \n\"crime against majesty\"] Hist. High treason; any \ncrime against the king's person or dignity; LESE \nMAJESTY. -Under Roman law, crimen majestatis \ndenoted any enterprise by a Roman citizen or other \nperson against the republic or the emperor. Also \ntermed crimen laesae majestatis. See LESE MAJESTY. 0: PERDUELLIO. \ncrimen plagii (krI-man play-jee-r). [Latin] Roman law. \nSee PLAGIUM. \ncrimen raptus (krI-man rap-tas). [Latin \"the crime of \nrape\") See RAPE. \n\ncrimen repetundarum (kn-mitn rep-it-t;,n-dair-;,m). \n[Latin \"accusation of (money) to be repaid\"] Roman \nlaw. 1. A charge ofextortion brought against a Roman \nprovincial governor. 2. Any act of misgovernment or \noppression on the part of a magistrate or official. \ncrimen roberiae (kn-mitn rit-beer-ee-ee). [Latin \"the \ncrime of robbery\"] ROBBERY. \ncrime ofomission. See CRIME. \ncrime ofpassion. See CRIME. \ncrime ofviolence. See violent crime under CRIME. \ncrimes against persons. (1827) A category of criminal \noffenses in which the perpetrator uses or threatens to \nuse force . Examples include murder, rape, aggravated \nassault, and robbery. -Also termed crimes against the \nperson. Cf. offense against the person under OFFENSE \n(1). \ncrimes against property. (1827) A category ofcriminal \noffenses in which the perpetrator seeks to derive an \nunlawful benefit from or do damage to -another's \nproperty without the use or threat offorce . Examples \ninclude burglary, theft, and arson (even though arson \nmay result in injury or death). -Also termed property"}
{"text": "\ninclude burglary, theft, and arson (even though arson \nmay result in injury or death). -Also termed property \ncrimes. Cf. offense against property under OFFENSE (1). \ncrimes against the person. See CRIMES AGAINST \nPERSONS. \ncrime score. (1952) A number assigned from an estab\nlished scale, indicating the relative seriousness of an \noffense based on the nature of the injury or the extent \nof property damage . Prosecutors use crime scores \nand defendant scores to promote uniform treatment of \nsimilar cases and to assess which cases need extensive \npretrial preparation. Cf. DEFENDANT SCORE. \ncrime statistics. Figures compiled by a governmental \nagency to show the incidence ofvarious types ofcrime \nwithin a defined geographic area during a specified \ntime. \ncrime without victims. See victimless crime under \nCRIME. \ncrimina extraordinaria (krim-;)-n;) ek-stror-dCl-nair\nee-a). [Latin] Roman law. Extraordinary crimes; crimes \nnot brought before a quaestio perpetua .  These crimes \ncarried no fixed penalty and were punished according \nto the judge's discretion. \ncriminal, adj. (I5c) 1. Having the character of a crime; \nin the nature of a crime <criminal mischief>. 2. Con\nnected with the administration of penal justice <the \ncriminal courts>. \ncriminal, n. (17c) 1. One who has committed a criminal \noffense. 2. One who has been convicted ofa crime. \ncareer criminal. See RECIDIVIST. \ndangerous criminal. (18c) A criminal who has either \ncommitted a violent crime or used force in trying to \nescape from custody. \nepisodic criminal. (1976) 1. A person who commits \ncrimes sporadically. 2. A person who commits crimes only during periods of intense stress, as in the heat \nof passion. \nhabitual criminal. See RECIDIVIST. \nstate criminal. 1. A person who has committed a crime \nagainst the state (such as treason); a political criminal. \n2. A person who has committed a crime under state \nlaw. \ncriminal action. See ACTION (4). \ncriminal anarchy. See ANARCHY. \ncriminal anthropology. See CRIMINOLOGY. \ncriminal assault. See ASSAULT. \ncriminal attempt. See ATTEMPT. \ncriminal bankruptcy. See bankruptcy fraud under \nFRAUD. \ncriminal battery. See BATTERY (1). \ncriminal behavior. Conduct that causes social harm and \nis defined and punished by law. \ncriminal capacity. See CAPACITY (3). \ncriminal charge. See CHARGE (1). \ncriminal code. See PENAL CODE. \ncriminal coercion. See COERCION. \ncriminal conspiracy. See CONSPIRACY. \ncriminal contempt. See CONTEMPT. \ncriminal conversation. Archaic. A tort action for \nadultery, brought by a husband against a third party \nwho engaged in sexual intercourse with his wife . \nCriminal conversation has been abolished in most \njurisdictions. -Abbr. crim. con. See HEARTBALM \nSTATUTE. [Cases: Husband and Wife <::::=340-354.J \n\"An action (whether of trespass or case is uncertain, but \nprobably trespass) formerly lay against one who had com\nmitted adultery with the wife of the plaintiff. It was known \nas an action for criminal conversation. The wife's consent \nwas irrelevant. The action was distinct from that of entice \nment: one may commit adultery without enticing a wife \naway from her husband. The action was no doubt a neces\nsity when divorce could only be obtained by Act of Parlia\nment: as Parliament was not a tribunal suitable for trying \nallegations of adultery it was reasonable to require the \npetitioner to establish the truth of his allegations before a \ncourt of law. The action might also have been justified on \nthe ground that the plaintiff is in substance complaining \nof the invasion of privacy of his marriage, and the insult \nthereby caused to his honour as a husband.\" R.F.V. Heuston, \nSalmond on the Law of Torts 358 (17th ed. 1977). \ncriminal court. See COURT. \ncriminal-court judge. See JUDGE. \ncriminal damage to property. (1946) 1. Injury, destruc\ntion, or substantial impairment to the use ofproperty \n(other than by fire or explosion) without the consent \nof a person having an interest in the property. [Cases: \nMalicious Mischief C=:> 1.] 2. Injury, destruction, or \nsubstantial impairment to the use of property (other \nthan by fire or explOSion) with the intent to injure or \ndefraud an insurer or lienholder. Cf. ARSON. \ncriminal defendant. One who is accused in a criminal \nproceeding. \n\n431 \ncriminal desertion. See DESERTION. \ncriminal forfeiture. See FORFEITURE. \ncriminal fraud. See FRAUD. \ncriminal homicide. See HOMICIDE. \ncriminal infringement. See INFRINGEMENT. \ncriminal instrument. (1901) l. Something made or \nadapted for criminal use. Model Penal Code  5.06(1) \n(a). 2. Something commonly used for criminal \npurposes and possessed under circumstances showing \nan unlawful purpose. Model Penal Code  5.06(I)(b). \nAlso termed instrument ofcrime. \ncriminal-instrumentality rule. (1942) The principle that \nwhen a criminal act is committed, that act -rather \nthan the victim's negligence that made the crime \npossible - will be considered to be the crime's proxi\nmate cause. \ncriminal intent. 1. See INTENT (1). 2. MENS REA. \ncriminalism. l. A pathological tendency toward crim\ninality. 2. Archaic. The branch of psychiatry dealing \nwith habitual criminals. \ncriminalist (krim-a-nal-ist). L A person who practices \ncriminalistics as a profession. 2. Archaic. One versed \nin criminal law. 3. Archaic. A psychiatrist who treats \ncriminals. 4. Archaic. A habitual criminal. \ncriminalistics (krim-G-nG-lis-tiks), n. (1943) The science \nof crime detection, usu. involving the subjection of \nphysical evidence to laboratory analysis, including bal\nlistic testing, blood-fluid and tissue analysis, and other \ntests. Cf. CRIMINOLOGY. -criminalistic, adj. \ncrimina liter (krim-G-nay-IG-tGr), adv. [Latin] Criminally. \nCf. CIVILITER (1). \ncriminality (krim-d-nal-G-tee). (17c) L The state or \nquality of being criminal. 2. An act or practice that \nconstitutes a crime. See DOUBLE CRIMINALITY. \ncriminalization (krim-G-nal-a-zay-shGn), n. (1945) 1. \nThe act or an instance of making a previously lawful \nact criminal, usu. by passing a statute. Cf. DECRIMI\nNALIZATION; CIVILIZATION. [Cases: Criminal Law \n3.] 2. The process by which a person develops into a \ncriminal. \ncriminalize (krim-G-nal-Iz), vb. To make illegal; to \noutlaw. \ncriminal jurisdiction. See JURISDICTION. \ncriminal justice. (I6c) 1. The methods by which a society \ndeals with those who are accused ofhaving committed \ncrimes. See LAW ENFORCEMENT (1). Cf. CIVIL JUSTICE. \n2. The field of study pursued by those seeking to enter \nlaw enforcement as a profession . Many colleges oiter \ndegrees in criminal justice, typically after two to four \nyears ofstudy. -Also termed (in sense 2) police science; \nlaw enforcement. \ncriminal-justice system. (1929) The collective institu\ntions through which an accused offender passes until \nthe accusations have been disposed ofor the assessed \npunishment concluded . The system typically has criminal protector \nthree components: law enforcement (police, sheriffs, \nmarshals), the judicial process (judges, prosecutors, \ndefense lawyers), and corrections (prison officials, \nprobation officers, and parole officers). Also termed \nlaw-enforcement system. \ncriminal law. (18c) The body of law defining offenses \nagainst the community at large, regulating how suspects \nare investigated, charged, and tried, and establishing \npunishments for convicted offenders. Also termed \npenal law. \n'The criminal law represents the pathology of civilization.\" \nMorris R. Cohen, Reason and Law 70 (1961). \n\"Often the term 'criminal law' is used to include all that is \ninvolved in 'the administration of criminal justice' in the \nbroadest sense. As so employed it embraces three different \nfields, known to the lawyer as (1) the substantive criminal \nlaw, (2) criminal procedure, and (3) special problems in the \nadministration and enforcement of criminal justice.... The \nphrase 'criminal law' is more commonly used to include \nonly that part of the general field known as the substan\ntive criminal law ....\" Rollin M. Perkins &Ronald N. Boyce, \nCriminal Law 1, 5 (3d ed. 1982). \ncriminal lawyer. See LAWYER. \ncriminal letter. Scots law. A summons. \ncriminal libel. See LIBEL. \ncriminally negligent homicide. See negligent homicide \nunder HOMICIDE. \ncriminal miscarriage. Hist. See ABORTION (1). \ncriminal mischief. See MALICIOUS MISCHIEF. \ncriminal neglect of family. See NONSUPPORT. \ncriminal negligence. See NEGLIGE!IICE. \ncriminal nonsupport. See NO!llSUPPORT. \ncriminal offense. See OFFENSE (1). \ncriminal operation. Hist. ABORTION (1). \ncriminal plea. See PLEA (1). \ncriminal policy. (1893) The branch of criminal science \nconcerned with protecting against crime .  It draws on \ninformation provided by criminology, and its subjects \nfor investigation are (1) the appropriate measures of \nsocial organization for preventing harmful activities, \nand (2) the treatment to be accorded to those who have \ncaused harm, i.e., whether the offenders should receive \nwarnings, supervised probation, or medical treatment, \nor whether they should suffer serious deprivations of \nlife or liberty such as imprisonment or capital punish\nment. \ncriminal possession. See POSSESSIO!ll. \ncriminal procedure. (18c) The rules governing the mech\nanisms under which crimes are investigated, pros\necuted, adjudicated, and punished . It includes the \nprotection ofaccused persons' constitutional rights. \ncriminal proceeding. See PROCEEDING. \ncriminal process. See PROCESS. \ncriminal prosecution. See PROSECUTION (2). \ncriminal protector. (1978) An accessory after the fact to \na felony; one who aids or harbors a wrongdoer after the \n\ncommission of a crime. [Cases: Compounding Offenses \n'>3.5; Criminal LawC=74.J \ncriminal-referral form. A form once required by federal \nregulatory authorities (from 1988 to 1996) for reporting \nevery instance when a bank employee or affiliate com\nmitted or aided in committing a crime such as credit\ncard fraud, employee theft, or check-kiting . This \nform, like the suspicious-transaction report, has since \nbeen superseded by the suspicious-activity report. \nAbbr. CRF. See SUSPICIOUS-ACTIVITY REPORT. \ncriminal registration. See REGISTRATION (1). \ncriminal responsibility. 1. See RESPONSIBILITY (2). 2. \nSee RESPONSIBILITY (3). \ncriminal sanction. See SANCTION. \ncriminal science. (1891) The study of crime with a view to \ndiscovering the causes ofcriminality, devising the most \neffective methods of reducing crime, and perfecting \nthe means for dealing with those who have committed \ncrimes. The three main branches ofcriminal science \nare criminology, criminal policy, and criminal law. \ncriminal sexual conduct in the first degree. See FIRST\nDEGREE SEXUAL CONDUCT. \ncriminal solicitation. See SOLICITATION (2). \ncriminal statute. See STATUTE. \ncriminal syndicalism. See SYNDICALISM. \ncriminal term. See TERM (5). \ncriminal trespass. See TRESPASS. \ncriminal wrong. See CRIME. \ncriminate, vb. See INCRIMINATE. \ncrimination (krim-<l-nay-sh,m), n. 1. INCRIMINATION. \n2. An accusation or strong censure. \ncriminative (krim-<l-nay-tiv), adj. Of, relating to, or \ninvolving incrimination or accusation. Cf. INFIRMA\nTIVE. \ncriminogenic (krim-<l-nJ-jen-ik), adj. Tending to cause \ncrime or criminality. -criminogenesis, n. \ncriminology (krim-<l-nol-J-jee), n. (1872) The study of \ncrime and criminal punishment as social phenomena; \nthe study of the causes of crime and the treatment \nof offenders, comprising (1) criminal biology, which \nexamines causes that may be found in the mental and \nphysical constitution of an offender (such as heredi\ntary tendencies and physical defects), and (2) criminal \nSOciology, which deals with inquiries into the effects \nof environment as a cause of criminality. -Also \ntermed criminal anthropology. Cf. CRIMINALISTICS; \nPENOLOGY. criminological (krim-J-n<l-loj-a-kal), \nadj. -criminologist, n. \ncomparative criminology. The scholarly study of the \nsimilarities and differences between the criminal\njustice systems ofdifferent nations. \nenvironmental criminology. The scholarly study of \nareas where crime occurs and of why offenders are \nactive in those areas. -Also termed geography of \ncrime; ecology ofcrime. crimping. Hist. Ihe offense of decoying and confin\ning persons to force them into military service. Cf. \nIMPRESSMENT (3). \ncriss-cross agreement. See cross-purchase agreement \nunder AGREEMENT"}
{"text": "f. \nIMPRESSMENT (3). \ncriss-cross agreement. See cross-purchase agreement \nunder AGREEMENT. \ncdt. (1985) An adherent to the Critical-legal-studies school \nofthought. Also termed CLSer; Critic; critter. \nfem-crit. A feminist adherent ofcriticallegaJ studies. \ncritical evidence. See EVIDENCE. \nCritical Legal Studies. (1978) 1. A school of thought \nadvancing the idea that the legal system perpetuates the \nstatus quo in terms of economics, race, and gender by \nusing manipulable concepts and by creating an imagi\nnary world of social harmony regulated by law . The \nMarxist wing of this school focuses on socioeconomic \nissues. Fem-crits emphasize gender hierarchy, whereas \ncritical race theorists focus on racial subordination. See \nfem-erit under CRlT; CRITICAL RACE THEORY. 2. The \nbody of work produced by adherents to this school of \nthought. -Abbr. CLS. \ncritical limitation. Patents. A limitation essential either \nto the operativeness of an invention or to the patent\nability of a patent claim for the invention. [Cases: \nPatents (~165(2).] \nCritical Race Theory. (1989) 1. A reform movement \nwithin the legal profession, particularly within \nacademia, whose adherents believe that the legal system \nhas disempowered racial minorities . The term first \nappeared in 1989. Critical race theorists observe that \neven ifthe law is couched in neutral language, it cannot \nbe neutral because those who fashioned it had their \nown subjective perspectives that, once enshrined in law, \nhave disadvantaged minorities and even perpetuated \nracism. 2. The body of work produced by adherents to \nthis theory. Abbr. CRT. \ncritical stage. (1962) Criminal procedure. A point in \na criminal prosecution when the accused's rights or \ndefenses might be affected by the absence of legal \nrepresentation . Under the Sixth Amendment, a \ncritical stage triggers the accused's right to appointed \ncounseL Examples ofcritical stages include preliminary \nhearings, jury selection, and (of course) trial. C( ACCU\nSATORY STAGE. [Cases: Criminal Law C=17l8.] \ncritter. See CRlT. \ncrop insurance. See INSURANCE. \ncrop rent. See RENT (1). \ncrops. Products that are grown, raised, and harvested . \nCrops usu. are from the soil, but fruit grown on trees \nare also considered crops. [Cases: Crops ~I.] \nannual crops. 1. Crops that must be planted each year, \nsuch as cotton, wheat, barley, corn, carrots, potatoes, \nand melons. 2. Crops for which the produce in any \nsingle year is mainly the result of attention and care \nexerted in the same agricultural year, such as hops \nand sugar cane. \n\naway-going crops. A tenant's crops that were sown \nand will not be ready to harvest before the tenancy \nexpires. The tenant retains the ownership of the \ncrop after the tenancy expires. [Cases: Landlord and \nTenant 139(2}.] \nbasic crops. Crops (such as wheat and corn) that are \nusu. subject to government-price supports. \ngrowing crops. Crops that are in the process ofgrowth. \n Growing crops are goods under VCC  2-105(1). \nJudicial decisions vary on the growth stage at which \na crop becomes a growing crop and on whether pas \nturage grass is a growing crop. Cf. FARM PRODUCT. \n[Cases: Crops C=c 1.] \nstanding crops. Crops that have not been harvested or \notherwise severed from the land. [Cases: Crops \ncross, n. L CROSS-EXAMINATION. 2. A sale of a large \namount of publicly traded stock between two private \nparties. Although the transaction does not happen \non the exchange floor, it typically requires exchange \npermission. \ncross-action. 1. See ACTION (4). 2. See CROSS-CLAIM. \ncross-appeal. See APPEAL. \ncross-bill. See BILL (2). \ncross-claim, n. (1825) A claim asserted between code\nfendants or coplaintiffs in a case and that relates to the \nsubject ofthe original claim or counterclaim. See Fed. \nR. Civ. P. 13(g). Also termed cross-action; cross-suit. \nCf. COUNTERCLAIM. [Cases: Federal Civil ProcedureC=c \n786; Pleading C=c147,148,149; Set-off and Counterclaim \ncross-claim, vb. -cross-claimant, n. \n\"The courts have not always distinguished clearly between \na cross-claim and a counterclaim, and have used one name \nwhere the other is proper under the rules, perhaps because \nin some states, and in the old equity practice, the term \ncross-complaint or cross-bill is used for what the rules \nregard as a counterclaim. Under Rule 13 a counterclaim is \na claim against an opposing party, while a cross-claim is \nagainst a co-party. Further there is not the same freedom \nin asserting cross-claims that the rules provide for coun\nterclaims. An unrelated claim against an opposing party \nmay be asserted as a permissive counterclaim, but only \nclaims related to the subject matter of the original action. \nor property involved therein. are appropriate as cross \nclaims.\" Charles Alan Wright, The Law of Federal Courts \n 80. at 574 (5th ed. 1994). \ncross-collateral. See COLLATERAL. \ncross-collateral clause. (1965) An installment-contract \nprovision allOWing the seller, if the buyer defaults, to \nrepossess not only the particular item sold but also \nevery other item bought from the seller on which \na balance remained due when the last purchase was \nmade. -Also termed dragnet clause. \ncross-collateralization. See cross-collateral under COL\nLATERAL. \ncross-complaint. (1854) 1. A claim asserted by a defen\ndant against another party to the action. -Also termed \n(in some jurisdictions) cross-petition. [Cases: Federal \nCivil Procedurec-;;'786; Pleading 148,149.] 2. A claim asserted by a defendant against a person not a \nparty to the action for a matter relating to the subject \nofthe action. \ncross-default clause. (1979) A contractual provision \nunder which default on one debt obligation triggers \ndefault on another obligation. \ncross-defendant. The party against whom a cross-claim \nis asserted. Cf. CROSS-PLAINTIFF. [Cases: Federal Civil \nProcedure C=\"786.] \ncross-demand. See DEMAND (l). \ncrossed check. See CHECK. \ncross-elasticity of demand. Antitrust. A relationship \nbetween two products, usu. substitutes for each other, \nin which a price change for one product affects the price \nofthe other. \ncross-error. See ERROR (2). \ncross-examination, n. (ISc) The questioning of a witness \nat a trial or hearing by the party opposed to the party \nwho called the witness to testify . The purpose of \ncross-examination is to discredit a witness before the \nfact-finder in any of several ways, as by bringing out \ncontradictions and improbabilities in earlier testimony. \nby suggesting doubts to the witness, and by trapping \nthe witness into admissions that weaken the testimony. \n1he cross-examiner is typically allowed to ask leading \nquestions but is traditionally limited to matters covered \non direct examination and to credibility issues. -Also \ntermed cross-interrogation. Cf. DIRECT EXAMINA\nTION; RECROSS-EXAMINATION. [Cases: Witnesses \n266-284,330.1 -cross-examine, vb. \ncross-interrogatory. See INTERROGATORY. \ncross-license. See LICENSE. \ncross-marriage. See MARRIAGE (l). \ncross-motion. See MOTION (1). \ncross-offer, n. (1931) Contracts. An offer made to another \nin ignorance that the offeree has made the same offer to \nthe offeror. cross-offer, vb. cross-offeror, n. \ncross-petition. See CROSS-COMPLAINT. \ncross-plaintiff. The party asserting a cross-claim. Cf. \nCROSS-DEFENDANT. \ncross-purchase agreement. See AGREEMENT. \ncross-purchase buy-sell agreement. 1. BUY-SELL AGREE\nMENT (1). 2. A partnership insurance plan in which each \npartner individually buys and maintains enough insur\nance on the life or lives ofother partners to purchase a \ndeceased or expelled partner's equity. \ncross-question. See QUESTION (1). \ncross-rate. The exchange rate between two currencies \nexpressed as the ratio oftwo foreign exchange rates in \nterms ofa common third currency (usu. the U.S. dollar) . \n Foreign-exchange-rate dealers use cross-rate tables to \nlook for arbitrage opportunities. See ARBITRAGE. \ncross-reference, n. An explicit citation to a related pro\nvision within the same or a closely related document; \nesp., in a patent application the explicit citation in a \n\ncontinuing patent application to all interrelated appli\ncations, back to the original filing . A cross-reference \nalone does not incorporate the disclosure ofthe parent \napplication. C[ INCORPORATION BY REFERENCE (1), \n(2). -cross-reference, vb. \ncross-remainder. See REMAINDER. \ncross-stream guaranty. See GUARANTY. \ncross-suit. See CROSS-CLAIM. \nCrown. English law. The sovereign in his or her official \ncapacity as a governing power. See KING; QUEEN (1), \n\"In modern times it has become usual to speak ofthe Crown \nrather than of the King, when we refer to the King in his \npublic'capacity as a body politic. We speak ofthe property \nof the Crown, when we mean the property which the King \nholds in right of his Crown. So we speak of the debts due \nby the Crown, of legal proceedings by and against the \nCrown, and so on. The usage is one of great convenience, \nbecause it avoids a difficulty which is inherent in all speech \nand thought concerning corporations sole, the difficulty, \nnamely, of distinguishing adequately between the body \npolitic and the human being by whom it is represented and \nwhose name it bears.\" John Salmond, Jurisprudence 341-42 \n(Glanville L. Williams ed., 10th ed. 1947). \nCrown case. English law. A criminal action. \nCrown Court. An English court haVing jurisdiction \nover major criminal cases . Crown Courts date from \n1971, when they assumed the criminal jurisdiction of \nthe Assize Courts and all the jurisdiction of the Courts \nofQuarter Sessions. \ncrown jewel. A company's most valuable asset, esp. as \nvalued when the company is the subject of a hostile \ntakeover. A common antitakeover device is for the \ntarget company to sell its crown jewel to a third party so \nthat the company will be less attractive to an unfriendly \nsuitor. \ncrown-jewel defense. An antitakeover device in which \nthe target company agrees to sell its most valuable assets \nto a third party ifa hostile bid is tendered, so that the \ncompany will be less attractive to an unfriendly suitor. \nCf. SCORCHED-EARTH DEFENSE; PAC-MAN DEFENSE. \nCrown land. See LAND. \nCrown loan. See LOAN. \nCRS. abbr. See CONGRESSIONAL RESEARCH SERVICE. \nCRT. abbr. 1. CRITICAL RACE THEORY. 2. See charitable-\nremainder trust under TRUST. \ncrucial evidence. See critical evidence under EVI\nDENCE. \ncruel and abusive treatment. See ABUSE (2), \ncruel and inhumane treatment. See extreme cruelty \nunder CRUELTY. \ncruel and unusual punishment. See PUNISHMENT. \ncruelty. (13c) The intentional and malicious infliction \nof mental or physical suffering on a living creature, \nesp. a human; abusive treatment; outrage. Cf. ABUSE; \nINHUMAN TREATMENT; INDIGNITY. \n\"When William Blake opined that 'Cruelty has a human \nheart', he posited the physical and emotional forms which \ncruelty may take. But when is one party so cruel to the other that it goes to the heart of the marriage and justifies \ndissolution? A New York court defined cruelty as bodily \nharm, or a reasonable apprehension of bodily harm, which \nendangers life, limb, or health and renders marital cohabi \ntation unsafe or improper. Some states are reluctant to \npermit divorce when there has been only emotional suf\nfering without physical harm. And in a marriage of long \nduration, some courts require that the cruelty be more \nextreme to justify divorce than if the relationship has \nbeen brief. Acts constituting the ground must continue \nover an extended period of time unless they are so severe \nas to shock the conscience. or raise the probability that it \nwould be unsafe for the innocent party if the couple remain \ntogether.\" Walter Wadlington & Raymond C. O'Brien, Family \nLaw in Perspective 73 (2001). \ncruelty to a child. See child abuse under ABUSE. \ncruelty to animals. A malicious or criminally negli\ngent act that causes an animal to suffer pain or death. \n[Cases: Animals (~3.5(5).] \nextreme cruelty. (17c) As a ground for divorce, one \nspouse's physical violence toward the other spouse, \nor conduct that destroys or severely impairs the other \nspouse's mental health. -Also termed cruel and \ninhumane treatment. Cf. ABUSE (2). [Cases: Divorce \n(;::=c27.] \nlegal cruelty. (18c) Cruelty that will justify granting a \ndivorce to the injured party; specif. conduct by one \nspouse that endangers the life, person, or health ofthe \nother spouse, or creates a reasonable apprehension of \nbodily or mental harm. [Cases: Divorce (.:::>27.] \nment"}
{"text": "a reasonable apprehension of \nbodily or mental harm. [Cases: Divorce (.:::>27.] \nmental cruelty. (1898) As a ground for divorce, one \nspouse's course of conduct (not involving actual \nviolence) that creates such anguish that it endangers \nthe life, physical health, or mental health ofthe other \nspouse. See EMOTIONAL DISTRESS. [Cases: Divorce \n(;:::::>27.] \nphysical cruelty. (1874) As a ground for divorce, actual \npersonal violence committed by one spouse against \nthe other. [Cases: Divorce (;:::::>27(3, 6).] \ncruelty to a child. See child abuse under ABUSE. \ncruelty to children. See child abuse under ABUSE. \nCrummey power. The right of a beneficiary of a \nCrummey trust to withdraw gifts made to the trust up \nto a maximum amount (often the lesser of the annual \nexclusion or the value ofthe gift made to the trust) for \na certain period after the gift is made. The precise \ncharacteristics ofa Crummey power are established by \nthe settlor ofa Crummey trust. Typically, the power is \nexercisable for 30 days after the gift is made and permits \nwithdrawals up to $5,000 or 5% ofthe value ofthe trust. \nA beneficiary may allow the power to lapse without \nmaking any demand for distribution. See Crummey \ntrust under TRUST; annual exclusion under EXCLUSION. \n[Cases: Trusts (:::;)270.J \nCrummey trust. See TRUST. \ncry de pais (kn da pay). [Law French] Hist. The cry ofthe \ncountry. The hue and cry after an offender, as raised \nby the country (I.e., the people). Also spelled cri de \npais. See HUE AND CRY (1). \ncryer. See CRIER. \n\n435 \nCSAAS. abbr. CHILD-SEXUAL-ABUSE-ACCOMMODATION \nSYNDROME. \nCSE agency. abbr. CHILD-SUPPORT-ENFORCEMENT \nAGENCY. \nCSREES. abbr. COOPERATIVE STATE RESEARCH, EDUCA\nTION, AND EXTENSION SERVICE. \nCSV. See cash surrender value under VALUE (2). \nc.t.a. abbr. See administration cum testamento annexo \nunder ADMINISTRATION. \nCt. Cl. abbr. Court ofClaims. See UNITED STATES COURT \nOF FEDERAL CLAIMS. \ncucking stool. See CASTIGATORY. \ncui ante divortium (kr [or kWI or kwee] an-tee d<l-vor\nshee-<lm). [Law Latin \"to whom before divorce\"] Hist. \nA writ of entry enabling a divorced woman to recover \nland that she had held in fee but that her husband had \nsold without her permission during the marriage. \nThe name ofthis writ derives from the words within it: \ncui ipsa ante divortium inter eos celebratum, contradi\ncere non potuit (\"whom she, before the divorce between \nthem, could not gainsay\"). The writ was abolished in \n1833. Also termed sur cui ante divortium. \nCui bono? [Latin] For whose advantage?; Who benefits? \n-The exclamation may be used to ask who benefited \nfrom the results of a crime, usu. to cast suspicion \nwithout offering evidence of guilt. Despite the literal \nmeaning, the term is more often used to mean \"what's \nthe good ofit?\" or \"what benefits are there?\" \ncui in vita (kI [or kWI or kwee] in-vI-ta). [Law Latin \n\"to whom in the life\"] Hist. A writ of entry enabling \na woman to recover land that she had held in fee but \nthat her deceased husband had sold without her per\nmission. -It is so called from the words ofthe writ: cui \nipsa in vita sua contradicere non poluit (\"whom she, in \nhis lifetime, could not gainsay\"). Also termed sur \ncui in vita. \n\"Cui in vita, is a writ of entry, which a Widow hath against \nhim, to whom her Husband alienated her Lands or Tene\nments in his life time, which must specifie, that During his \nfife, she could not withstand it.\" Thomas Blount, Nomo\nLexicon: A Law-Dictionary (1670). \ncujus contrarium est verum (k[y]oo-jas kan-trair-ee-am \nest veer-dm). [Latin] Hist.lhe contrary ofwhich is the \ntruth. \ncujus haeredibus maxime prospicitur (k[yloo-j<ls \nh<l-red-i-b<ls mak-s<l-mee proh-spis-i-t<lr). [Latin] Hist. \nWhose heirs are chiefly regarded. \n\"Cujus haeredibus maxime prospicitur .... This is a rule \nof construction to be attended to in ascertaining from the \nterms of a destination, in whom the fee of a property is \nvested, the ordinary rule being, that he is the fiar whose \nheirs are preferred. Thus, a conveyance to 'A and Bjointly, \nand the heirs of B,' gives A merely ajoint right of liferent, \nand gives B the fee. Under such a destination, B is so abso \nlutely the fiar that his rights cannot be impaired by any \nacts, even onerous, of A, who is held, as we have said, to \nbe a liferenter.\" John Trayner, Trayner's Latin Maxims 121 \n(4th ed. 1894). culpa levis in concreto \nculpa (kill-pa). [Latin] 1. Roman & civil law. Fault, \nneglect, or negligence; unintentional wrong. See NEGLI\nGENCE. Cf. DlLIGENTIA; CASUS (1); DOLUS (1).2. Roman \nlaw. Conduct that made a party to a contract, or quasi\ncontract, liable to the other party. \nlata culpa (lay-ta bl-p<l). [Latin \"grave fault\"] Gross \nnegligence amounting to bad faith (dolus). -This \nphrase occurs most commonly in bailment law and \nin the law ofthe transport ofpersons. -Also termed \nculpa lata. See gross negligence under NEGLIGENCE. \nlevis culpa (lee-vis kal-p<l). [Latin \"slight fault\"] 1. \nOrdinary negligence. 2. Failure to act as the ideal \npaterfamilias should. -Also termed culpa levis; \nculpa levis in concreto. See ordinary negligence under \nNEGLIGE::-!CE. \nlevissima culpa (I<l-vis-<l-m<l hl-pa). [Latin \"the slight\nest fault\"] Slight negligence. -Also termed culpa \nlevissima. See slight negligence under NEGLIGENCE. \nculpabilis (kal-pay-ba-lis), adj. [Latin] Hist. Guilty. \nculpability (bl-p<l-bil-<l-tee), n. Blameworthiness; the \nquality ofbeing culpable. _ Except in cases ofabsolute \nliability, criminal culpability requires a showing that \nthe person acted purposely, knowingly, recklessly, or \nnegligently with respect to each material element ofthe \noffense. See Model Penal Code  2.02. [Cases: Criminal \nLawC=:>19.] \n\"The concept of culpability is used as a reference point to \nassess the defendant's guilt and punishment even though, \nin the two contexts, culpability denotes different aspects of \nthe defendant and the murder. At the guilt phase, culpabil\nity is most often used to refer to the state of mind that the \ndefendant must possess. Also at the gUilt phase, culpabil\nity may reflect a broader judgment about the defendant: \nwhen he is culpable for his conduct, it means that he is \nblameworthy and deserves punishment. At the punishment \nphase, the concept of culpability stands as the benchmark \nfor when the death penalty is an appropriate punishment.\" \nPhyllis L Crocker, Concepts ofCulpability and Deathworthi\nness, 66 Fordham L Rev. 21, 35-36 (1997). \nculpable (hl-p<l-bal), adj. (I4c) 1. Guilty; blameworthy. \n2. Involving the breach ofa duty. \nculpable accident. See ACCIDENT. \nculpable homicide. 1. See HOMICIDE. 2. See MANSLAUGH\nTER. \nculpable intoxication. See voluntary intoxication under \nINTOXICATION, \nculpable neglect. See NEGLECT. \nculpable negligence. See NEGLIGENCE. \nculpa-in-contrahendo doctrine. [Law Latin \"fault in \ncontracting\"] The principle that parties must act in \ngood faith during preliminary contract negotiations; \nesp., the principle that a breach by the offeror after the \nofferee has begun performance ofa unilateral contract \nand is stopped by the offeror before completion will \ngive rise to liability in tort. [Cases: Torts (;:::::433.J \nculpa lata. See lata culpa under CULPA. \nculpa levis. See levis culpa under CULPA. \nculpa levis in concreto. See levis culpa under CULPA. \n\n436 culpa levissima \nculpa levissima. See levissima culpa under CULPA. \nculprit. (17c) 1. A person accused or charged with the \ncommission of a crime. 2. A person who is guilty of \na crime . Culprit may be a running together of cui, \nshortened from the Latin culpabilis (\"guilty\"), and prit, \nfrom Old French prest (\"ready\"), two words formerly \nused to orally plead at the outset ofa criminal case. \n\"When the prisoner hath thus pleaded not guilty. non clilpa\nbilis . .. the clerk of the assise, or clerk of the arraigns, on \nbehalf of the crown replies, that the prisoner is guilty, and \nthat he is ready to prove him so. This is done by two mono\nsyllables in the same spirit of abbreviation, 'cli/. prJt.' which \nsignifies first that the prisoner is guilty, (cui. culpable, or \nclilpabilis) and then that the king is ready to prove him \n50; pdt, praesto Slim, or paratus verificare, ' .. How our \ncourts came to express a matter of this importance in so \nodd and obscure a manner ... can hardly be pronounced \nwith certainty. It may perhaps, however, be accounted for \nby supposing that these were at first short notes, to help \nthe memory of the clerk, and remind him what he was to \nreply; or else it was the short method of taking down in \ncourt, upon the minutes, the replication and averment; \n'cui, prft'; which afterwards the ignorance of succeeding \nclerks adopted for the very words to be by them spoken. \nBut however it may have arisen, the joining of issue ... \nseems to be clearly the meaning of this obscure expres\nsion; which has puzzled our most ingenious etymologists, \nand is commonly understood as ifthe clerk ofthe arraigns, \nimmediately on plea pleaded, had fixed an opprobrious \nname on the prisoner, by asking him, 'w/pri!, how wilt thou \nbe tried?'\" 4 William Blackstone, Commentaries on the Laws \nof England 333-34 (1769), \ncultura (bl-t[y]oor-el). [Law Latin] Hist. A piece of \ntillable land; tillage. \ncultural agreement. Int'I law. A bilateral or multilateral \nagreement between nations for the purpose offurther\ning cultural or intellectual relations. \ncultural defense. See DEFENSE (1). \ncultural property. Int'llaw. Movable and immovable \nproperty that has cultural significance, whether in the \nnature ofantiquities and monuments of a classical age \nor important modern items of fine arts, decorative \narts, and architecture . Some writers prefer the term \ncultural heritage, which more broadly includes intangi\nble cultural things such as folklore, crafts, and skills. \nculvert age (kal-var-tij), n. Hist. 1. The status of villein\nage. 2. The condition ofbeing reduced to villeinage or \nserfdom by forfeiture and degradation. \ncum astrictis multuris (kelm a-strik-tis m<ll-t[y]oor-is). \n[Law Latin] Hist. With defined payments for grinding; \nwith astricted multures . The phrase appeared in ref\nerence to portions of grain that the landholder was \nbound to pay a certain mill in exchange for grinding \nthe remainder ofthe grain. See MOLITURAE. \ncum aucupationibus, venationibus, et piscationibus \n(k<lm awk-p-pay-shee-oh-n<l-bas, vi-nay-shee-oh-nd\nb<ls et pi-skay-shee-oh-nCl-bCls). [Latin] Scots law. With \nfowlings, huntings, and fishings . The phrase was part \nof a clause granting the legal right to hunt and fish on \nthe conveyed land if the right was accompanied by \nactual possession ofthe land for a specific period. \ncum beneficio inventarii. See BENEFICIUM INVENTARII. cum communi pastura (kdm kd-myoo-m pas-chelr-a). \n[Law Latin] Hist. With common pasturage. 'Ihis \nphrase granted a servitude of pasture, not a right of \ncommon, on property. \ncum curiis earumque exitibus (kam kyoor-ee-is ee-Cl\nram-kwee ek-sit-i-bas). [Law Latin] Hist. With courts, \nand the results or profits of the same. The phrase \nappeared in reference to the right of the Baron courts \nto any ofthose courts' profits, as distinguished from the \nobligation of the King's courts to turn over all profits \nto the King. \ncum curiis et bloodwitis (kam kyoor-ee-is et bl<Jd-wi\ntis). [Law Latin] Scots law. With the power of holding \ncourts and fining for blood . Property disposed ofcum \ncuriis et bloodwitis entitled the purchaser ofa barony to \ncumulative jurisdiction over barony matters. \ncum decimis inclusis et nunquam antea separatis (bm \ndes-<l-mis in-kloo-sis et nam-kwam an-tee-a sep-a\nray-tis). [Law Latin] Scots law. With the tithes included, \nand never before separated . This phrase"}
{"text": "-a\nray-tis). [Law Latin] Scots law. With the tithes included, \nand never before separated . This phrase exempted \nconveyed land from the payment of tithes. \ncum dividend. With dividend . Stocks purchased cum \ndividend entitle the buyer to any pending declared divi\ndends. Cf. EX DIVIDEND. \ncum domibus, aedificiis (kam dom-a-bCls, ee-di-fish\nee-is). [Law Latin] Scots law. With houses, buildings. \n These words in a conveyance included within the \nconveyance every structure erected on the conveyed \nland. \ncum effectu (kam i-fek-t[y]oo). [Latin] Hist. With effect; \nin effect. \n\"Prescription does not run against anyone .. , unless \nhe is able to act in defence of his right cum effectu , . , , \nUnder the old feudal system the casualty of ward was not \nincurred except where the vassal alienated his lands cllm \neffectu. Thus, if the vassal was interdicted and disponed \nwithout the consent of his interdictors, his conveyance \nbeing reducible was not effectual, and the casualty was \nnot incurred,\" John Trayner, Trayner's Latin Maxims 127-28 \n(4th ed. 1894). \ncum excessu moderaminis (kam ek-ses-[yJoo mod-Cl-ray\nmCl-nis). [Law Latin] Scots law. In excess ofthe limits . \nThe phrase appeared in reference to the legal limits on \nthe use ofviolence as a means of self-defense. \ncum fabrilibus, brasinis, et brueriis (kam fa-bril-Cl-bas, \nbra-sl-nas, et broo-er-ee-is). [Law Latin] Scots law. \nWith forges, maltkilns, and breweries . A tenant was \nrestricted from building these structures on land unless \nthe tenant first obtained the superior's permission. \ncum fossa etfurca (kam fOS-<l et f<Jr-k<l). [Law Latin] Hist. \nWith pit and gallows . In ancient charters, this phrase \ngranted Baron courts the right to try capital offenses \nand to inflict capital punishment. \ncum grano salis (k<lm gray-noh say-lis or kuum grah-noh \nsah-lis). [Latin] With a grain ofsalt; with allowance for \nexaggeration; with reservations. \ncum herezeldis (bm her-Cl-zel-dis). [Latin] Scots law. \nWith herezelds; with the best things that move . The \nphrase appeared in reference to a tenant's best horse, \n\ncow, or other animal, when the animal was customarily \ntransferred to the landlord on the death ofthe tenant. \nCumis counsel. See COUNSEL. \ncum libera et plena administratione (kdm lib-dr-d et \nplee-na ad-min-a-stray-shee-oh-nee). [Law Latin] Scots \nlaw. With full and free power of administration. -The \nphrase appeared in reference to the powers that one \ncould grant to certain agents, such as attorneys. \ncum libero exitu et introitu (kam Iib-.-r-a ek-si-t[y]oo \net in-troh-a-t[y)oo). [Law Latin) Hist. With free exit \nand entry. \ncum maritagio (k.-m mar-a-tay-jee-oh). [Law Latin] Scots \nlaw. With the marriage portion. -'Ihe phrase appeared \nin reference to the required payment to a superior upon \nthe marriage ofthe superior's ward. \ncum molendinis et multuris (k.-m m.--Ien-di-nis et m;}l\nch.-r-is), [Law Latin] Scots law, With mills and multures. \nCf. MOLITURAE, \ncum nota (k<lm noh-t<l), [Latin] Scots law. With a distin\ngUishing mark. _ Ihe phrase appeared in reference to \notherwise inadmissible testimony that a judge could \nallow after considering the testimony's merit or believ\nability. \ncum omni causa (kam ahm-m kaw-z<l). [Latin] Roman \nlaw, With every advantage derived from a given trans\naction, such as a sale. \ncum onere (bm on-.--ree), [Latin] With the burden. \nAn item acquired cum onere is taken subject to existing \nburdens and charges. \ncum onere debitorum defuncti (kdm on-ar-ee deb-i\ntor-<lm di-f;mgk-tI), [Latin] Hist. With the burden of \nthe decedent's debts. _ The phrase appeared in refer\nence to an heir's position after entering a succession. \ncum pertinentiis (kam par-ta-nen-shee-is). [Latin) With \nthe appurtenances. _ In a conveyance ofland, the con\nveyance included not only everything belonging to the \nland, but also rights incident to it. \ncum piscariis (bm pis-kair-ee-is). [Law Latin] Scots \nlaw. With fishings. -The phrase was used to convey \nan express grant offishing rights without the necessity \nofalso possessing the right for a prescribed period. Cf. \nCUM PISCATlONlBUS, \ncum piscationibus (k<lm pis-kay-shee-oh-n<l-b<ls). [Law \nLatin) Hist. With fishing or fisheries, _ The phrase was \nused to convey the express grant offishing rights only \nif the grant was accompanied by possession of the right \nfor a prescribed period. Cf, CUM PISCARIIS. \ncum rights. With rights. _ A cum rights purchaser of \nstock is entitled to rights that have been declared but \nnot distributed, such as the right to purchase additional \nshares at a stated price, Also termed rights on. \ncum satisfurore ipsopuniatur (k<lm sat-is fyuu-ror-ree \nip-soh pyoo-nee-ay-tar). [Latin] Hist. Since he is suf\nficiently punished by the insanity itself. -The phrase \nappeared in reference to the principle that an insane person is not criminally responsible for his or her acts. \nIt was a forerunner to the modern insanity defense, \ncum sua causa et labe (kam s[y]OO-d kaw-za et lay-bee). \n[Latin] Hist. With its advantages and its defects. \ncum suo onere (kam s[yJoo-oh on-;;r-ee). [Latin) Hist. \nWith its burden. _ The phrase appeared in reference \nto a vassal's land encumbrances that the superior was \nbound to accept upon the vassal's resignation, \ncum testamento annexo (hm tes-t;;-men-toh <l-nek\nsoh). See administration cum testamento annexo under \nADMINISTRATION, \ncum titulo (k;;m tich-[y]a-Ioh). [Law Latin] Hist, With \nthe title. \ncumulatio criminum (kyoo-my.--Iay-shee-oh krim-a\nn.-m). [Law Latin] Hist, The accumulation ofcrimes; the \ncharging ofmore than one crime in an indictment. \ncumulative approach. See UNITY OF ART. \ncumulative dividend. See DIVIDEND. \ncumulative-effects doctrine. (1987) The rule that a \ntransaction affecting interstate commerce in a trivial \nway may be taken together with other similar transac\ntions to establish that the combined effect on interstate \ncommerce is not trivial and can therefore be regulated \nunder the Commerce Clause, [Cases: Commerce \n7(2).] \ncumulative error. See ERROR (2). \ncumulative-error analysis. Appellate scrutiny of whether \nall of the individual harmless errors made in a trial \nhad the cumulative effect of prejudicing the outcome. \n_ Ifthey did, the harmless errors taken together may \namount to reversible error, [Cases: Appeal and Error \nC=::> 1026; Federal Courts C=::>891.J \ncumulative evidence. See EVIDENCE. \ncumulative income bond. See income bond under BOND \n(3), \ncumulative legacy.!. See accumulative legacy under \nLEGACY. 2. See additional legacy under LEGACY. \ncumulatively harmful behavior. See HARMFUL BEHAV\nIOR. \ncumulative offense. See OFFENSE (1). \ncumulative preference share. See cumulative preferred \nstock under STOCK. \ncumulative preferred stock. See STOCK, \ncumulative punishment. See PUNISHMENT. \ncumulative remedy. See REMEDY, \ncumulative sentences. See consecutive sentences under \nSENTENCE. \ncumulative stock. See cumulative preferred stock under \nSTOCK. \ncumulative supplement. See POCKET PART. \ncumulative testimony. See TESTIMONY. \ncumulative traverse. See TRAVERSE. \ncumulative voting. See VOTING. \n\n438 cumulative zoning \ncumulative zoning. See ZONING. \ncum virginitas vel castitas corrupta restitui non possU \n(k;)m v<lr-jin-i-tas vel kas-ti-tas kd-r;)p-td ri-stich\n[Y]OO-I). [Latin] Hist. & Scots law. Since virginity or \nchastity once violated cannot be restored. -The phrase \nwas use to explain the basis for imposing severe pun\nishment for rape. \nCUPOS. abbr. A cohabiting unmarried person of the \nopposite sex. _ Although this term is intended to be \nsynonymous with \"POSSLQ\" (a person of the opposite \nsex sharing living quarters), it is more literally precise \nbecause it excludes married persons. See POSSLQ. \ncur. abbr. CURIA (3). \ncura (kyoor-d), n. [Latin] Roman law. A guardianship \nthat protects the interests of minors who are between \npuberty and the age of25, or incapacitated persons. Cf. \nTUTELA. PI. curae. \n\"Cura was a form of guardianship indicated by the neces\nsities of the case, with respect to persons who, though sui \njuris, were in need of protection. It was not regarded as a \nsubstitute for patria potestas as tutela was.... It extended \nto the person as well as the property, and in the latter \nrespect is much the same as in the case of the tutela of \ninfants.\" R.W. Leage, Roman Private Law 122 (C.H. Ziegler \ned., 2d ed. 1930). \ncura furiosi (kyoor-d fyoor-ee-oh-sr). A guardianship \nfor an insane person who was mentally incapacitated. \n\"The cura furiosi empowered and bound the curator to \nmanage the property of the lunatic on the lunatic's behalf.\" \nRudolph Sohm, The Institutes: A Textbook ofthe History and \nSystem of Roman Private Law 492 Uames Crawford Ledlie \ntrans., 3d ed. 1907). \ncura minoris (kyoor-<J mi-nor-is). A form of guardian\nship for a minor under 25 whose capacity of action \nwas complete, but whose judgment might be defec\ntive. PI. cum minorum. \ncum prodigi (kyoor-d prah-d;)-jI). A form of guard\nianship for a spendthrift, usu. at the request of the \nperson's agnatic family. \n\"The cura prodigi differed from the cura furiosi in that the \nprodigus, unlike the furiosus, was himself capable of per\nforming any act by which he acquired a right or benefit. The \nappointment of a curator, however, precluded the prodigus \nfrom performing any act which operated to alienate \nproperty or to subject him to a liability; any such act, in \norder to be effectual, had to be concluded either by the \ncurator on behalf of the prodigus or by the prodigus with \nthe approval of the curator.\" Rudolph Sohm, The Institutes: \nA Textbook ofthe History and System ofRoman Private Law \n492 Uames Crawford Ledlie trans., 3d ed. 1907). \ncura animarum (kyoor-d an-d-mair-dm). [Law Latin] \nHist. Eccles. law. The cure ofsouls; the care ofsouls. \ncur. adv. vult. abbr. CURIA ADVISARI VULT. \ncurate (kyuur-it). Eccles. law. 1. A person in charge ofa \nparish; a pastor. 2. A member ofthe clergy who receives \na stipend or salary to assist a vicar, rector, or pastor; an \nassistant to a parish priest. [Cases: Religious Societies \nC='27.J \ncuratio (kya-ray-shee-oh), n. [ff. Latin cura \"care\"] \nRoman law. 1. The power or duty ofmanaging the inter\nests of a youth or incapacitated person. 2. The office of a curator. See CURA. PI. curationes (kY<J-ray-shee\noh-neez). \ncurative admissibility. See ADMISSIBILITY. \ncurative-admissibility doctrine. (1975) The rule that \notherwise inadmissible evidence will be admitted to \nrebut inadmissible evidence placed before the fact\nfinder by the adverse party. -Ihe doctrine applies \nwhen a motion to strike cannot cure the prejudice \ncreated by the adverse party. [Cases: Criminal Law \nC='396; Evidence C=' 155.] \ncurative instruction. See JURY INSTRUCTION. \ncurative statute. See STATUTE. \ncurator (kyuur-d-tdr or kyuur-ay-taf or kyuu-ray-tor), n. \n1. Roman law. (itat). A person who manages the affairs \nof another; a guardian. PI. curatores (kYdr-;:)-tor-eez). \nSeeCURA. \n\"Although the control of a Tutor ceased when the Pupiflus \nhad attained manhood and become invested with his politi\ncal rights, it must have frequently happened that the youth \nwould be involved in bUSiness which he would be incapable \nof regulating with advantage at that early age, and would, \nat all events, if wealthy, be open to fraud and imposi\ntion. Hence arose the practice of nominating a Curator, \nwhose authority extended to the twenty-fifth year of the \nward, but who did not necessarily, like a Tutor, exercise a \ngeneral superintendence, being frequently nominated for \none special purpose .... Curatores were appointed also to \nman"}
{"text": "utor, exercise a \ngeneral superintendence, being frequently nominated for \none special purpose .... Curatores were appointed also to \nmanage the affairs of persons beyond the age of twenty\nfive, who, in consequence of being insane, deaf and dumb, \nor affected with some incurable disease, were incapable \nof attending to their own concerns.\" William Ramsay, A \nManual of Roman Antiquities 299-300 (Rodolfo Lanciani \ned., 15th ed. 1894). \ncurator ad litem (kyuu-ray-tor ad h-t<Jm). A curator \nappointed by a court to represent the interests of a \nyouth, or an incapacitated or unborn person, during \nthe proceedings before the court. [Cases: Infants \n76.] \ncurator bonis (kyuu-ray-tor boh-nis). [Latin \"a \nguardian of property\"] 1. Roman law. A guardian \nappointed to care for property, esp. for the benefit \nof creditors. 2. Scots law. A person appOinted by a \ncourt to manage an estate, esp. of a minor or an insane \nperson. -Also termed curator ad bona. \ncurator bonorum (kyuu-ray-tor ba-nor-<lm). A person \nappointed by a court to administer the estate of an \ninsolvent person. \n2. A temporary guardian or conservator appointed by \na court to care for the property or person of a minor \nor incapacitated person. [Cases: Guardian and Ward \nC='13(6).] \ninterim curator. Archaic. A person appointed by a \njustice of the peace to hold a felon's property until a \nroyal administrator could be assigned the task. \n3. Civil law. A guardian who manages the estate of a \nminor, an absent person, or an incapacitated person. \nPI. curatores. [Cases: Absentees C=5; Guardian and \nWard \ncurator ad hoc (kyuu-ray-tor ad hok). A court\nappointed curator who manages a Single matter or \n\n439 Curia Regis \ntransaction. See special guardian under GUARDIAN. \n[Cases: Absentees (::=>5; Guardian and Ward (::=>37.] \ncurator rei (kyuu-ray-tor ree-I). [Latin] Scots law. A \nguardian of an estate, as distinguished from a tutor, \nwho is a guardian ofa person. -Also termed curator \ndaturrei. \n4. Parliamentary law. An officer charged with custody \nof an organization's valuable property. \ncurator ad bona (kyuu-ray-tor ad boh-n<:l). See curator \nbonis under CURATOR (1). \ncuratorship. (16c) The office ofa curator or guardian. \ndative curatorship. See dative tutorship under TUTOR\nSHIP. \ncuratory, n. Scots law. The management by a curator of \nthe affairs ofsomeone incapable, esp. consent to the legal \nacts ofa minor to cure the minor's legal incapacity. \ncuratrix (kyuu-ray-triks). Archaic. A female curator. \ncurb. See TRADING CURB. \ncure, n. 1. A seller's right under the VCC to correct a non\nconforming delivery ofgoods, usu. within the contract \nperiod. [Cases: Sales (::=> 166(1).]2. Maritime law. Res\ntoration to health after disease or injury; medical atten\ntion and nursing care during a period ofconvalescence. \nSee MAINTENANCE AND CURE; MAXIMUM CURE. [Cases: \nSeamen (::=> 11.] -curative, adj. \ncure, vb. (14c) To remove legal defects or correct legal \nerrors. For example, curing title involves removing \ndefects from title to unmarketable land so that title \nbecomes marketable. [Cases: Vendor and Purchaser \n(::=>144.] \ncure by verdict. See AIDER BY VERDICT. \ncurfew (k<:lr-fyoo). 1. Hist. A law requiring that all fires \nbe extinguished at a certain time in the evening, usu. \nannounced by the ringing of a bell. 2. A regulation \nthat forbids people (or certain classes of them, such \nas minors) from being outdoors or in vehicles during \nspecified hours. [Cases: Infants (::=> 13.] \ncuria (kyoor-ee-<:l), n. [Latin] 1. Roman law. One of 30 \ndivisions (three tribes of ten curiae) into which the \nRoman people were said to be divided by Romulus. See \ncomitia curiata under COMITIA. 2. Roman law. A legis\nlative gathering, esp. ofthe Roman Senate; the building \nused for the gathering. 3. Hist. A judicial tribunal held \nin the sovereign's palace; a royal court. -Abbr. cur. 4. \nHist. A court. 5. The papal court, including its func\ntionaries and officials. \n''The word curia in classical Latin is used in a number of \nways. Apparently, it meant at first a subdivision of the \npeople. It was also used, by a transfer which is not too \nclear, for the building in which the Roman Senate met. By \nan almost inevitable development it became the word for \nthe Senate itself and later the ordinary designation for the \nCouncil in municipalities of the later Empire .... How much \nof this was still recalled in Medieval times, we cannot tell, \nbut ... in the early Middle Ages, curia was a common word \nto describe both the groups of men who generally were \nfound in attendance on pope, emperor, king or prince, \nand the groups which were summoned by him to give him \ncounsel. The curia in the latter sense, however, was not really a casual group of persons, summoned spasmodi\ncally to advise the king or any other person. It had come \nto be in Feudal Europe the ordinary Latin word for the \ngeneral meeting of the lord's vassals, which itself grew \nout of the Germanic mot or thing. ... The Curia of the \nking was in theory a larger and more important example \nof the same kind of assemblage.\" Max Radin, Handbook of \nAngloAmerican Legal History 46-48 (1936). \ncuria admiralitatis (kyoor-ee-<:l ad-m<:l-ral-<:l-tay-tis). \n[Law Latin] See HIGH COURT OF ADMIRALTY. \ncuria advisari vult (kyoor-ee-<:l ad-v<:l-sair-I valt). [Latin] \nThe court will be advised; the court will consider.  This \nphrase signaled a court's decision to delay judgment \npending further consideration. In England, the phrase \nis still used in all Court ofAppeal decisions when the \njudgment is reserved; that is, not delivered after the \nhearing. -Abbr. cur. adv. vult; c.a.v. \ncuria baronis (kyoor-ee-<:l b<:l-roh-nis). [Law Latin] See \nCOURT BARON. \ncuria burgi (kyoor-ee-<:l bar-jI). See COURT OF HUSTINGS. \ncuria cancellaria. See CANCELLARIA. \ncuria Christianitatis (kyoor-ee-<:l kris-tee-an-<:l-tay-tis). \n[Law Latin \"a court Christian\"] Hist. An ecclesiastical \ncourt. See ecclesiastical court under COURT. \ncuria claudenda (kyoor-ee-<:l klaw-den-d<:l). See DE \nCURIA CLAUDENDA. \ncuria comitatus (kyoor-ee-<:l kom-<:l-tay-t<:ls). [Law Latin] \nSee COUNTY COURT. \ncuria domini (kyoor-ee-<:l dom-<:l-nI). [Law Latin \"lord's \ncourt\"] Hist. A lord's house or hall, used as a meeting \nplace for tenants during court sessions. \ncuria magna (kyoor-ee-<:l mag-n<:l). [Law Latin \"great \ncourt\"] Hist. An ancient name for Parliament. \ncuria paiatii (kyoor-ee-<:l p<:l-lay-shee-I). [Law Latin \n\"court ofthe palace\"] PALACE COURT. \nCuria Regis (kyoor-ee-<:l ree-jis). [Latin \"king's court\"] \nHist. (sometimes not cap.) 1. The chief court in early \nNorman England, established by William the Con\nqueror,  The curia regis was a body of advisers who \ntraveled with the king, advising him on political matters \nand acting as an appellate court in important or com\nplicated cases. Over time the functions ofthe curia regis \nbecame exclusively judicial in nature. -Also termed \nKing's Court; aula regis. -Abbr. C.R. \n\"[W]e are tempted to use terms which are more precise \nthan those that were current in the twelfth century. In par\nticular we are wont to speak of the Curia Regis without \nremembering that the definite article is not in our docu\nments. Any court held in the king's name by the king's \ndelegates is Curia Regis. Thus the institution of what in \ncourse of time will be a new tribunal, a Court of King's \nBench or a Court of Common Pleas, may be found in some \nsmall rearrangement, some petty technical change, which \nat the moment passes unnoticed.\" 1 Frederick Pollock & \nFrederic W. Maitland, The History ofEnglish Law Before the \nTime ofEdward 1153 (2d ed. 1898). \n\"[A small] body collects round the king, a body of admin \nistrators selected from the ranks of the baronage and of \nthe clergy. At its head stands the chiefjusticiar, the king's \nright-hand man, his viceroy when the king is, as often he \nis, in his foreign dominions.... This body when it sits for \n\ncuring title 440 \nfinancial purposes constitutes the Exchequer (Scaccarium}, \nso called from the chequered cloth which lies on the table, \nconvenient for the counting of money. Also it forms a \ncouncil and court of law for the king: it is a curia RegiS, \nthe king's court, and its members are justitiarii, justiciars \nor justices of this court. Under Henry I they are sent into \nthe counties to collect taxes and to hold pleas; they are \nthen justitiarii errantes, justitiarii itinerantes. During the \nwhole period the term curia Regis seems loosely used to \ncover both the sessions of this permanent body and the \nassembly of the tenants in chief; the former may perhaps \nbe regarded as a standing committee of the latter.\" F.W. \nMaitland, The Constitutional History of England 63-64 \n(1908; repro 1955). \n\"The focal point of royal government was the curia regis \n(king's court), the body of adVisers and courtiers who \nattended the king and supervised the administration of \nthe realm. It was not a specific court of law, any more \nthan the eyre was, but rather was the descendant of the \nAnglo-Saxon witengemot (meeting with the witan, or royal \nadvisers) and the ancestor of the king's council which \nlater subdivided into parliament and the privy counciL\" \nJ.H. Baker, An Introduaion fa English Legal History 20 (3d \ned.1990). \n2. The sessions of this court. \ncuring title. The act of removing defects from a land title \nto make it marketable. \ncurrency. (17c) An item (such as a coin, government note, \nor banknote) that circulates as a medium ofexchange. \nSee LEGAL TENDER. [Cases: United States \nblocked currency. Currency or bank deposits that, by \ngovernment restriction, may be used only within the \ncountry where they are located. \nfractional currency. Paper money worth less than one \ndollar; esp., the currency issued by the federal govern\nment from l863 to l876. \nhard currency. Currency backed by reserves, esp. gold \nand silver reserves. \nnational currency. Currency approved by a national \ngovernment and placed in circulation as a medium of \nexchange. See LEGAL TE:-IDER. [Cases: United States \nG-~34.) \npostal currency. Hist. A fractional currency bearing a \nfacsimile ofpostage stamps. -The United States Post \nOffice issued these miniature notes in the 19th century \nuntil 1876. They were exchangeable for postage \nstamps, accepted for payments to the government in \namounts up to $5, and could be exchanged for federal \ncurrency in multiples of $5. They were also used as \nsmall change when people hoarded coins during the \nCivil War. -Also termed postage currency. \nsoft currency. Currency not backed by reserves and \ntherefore subject to sharp fluctuations in value. \nUnited States currency. Currency issued under the \nauthority of the federal government. \ncurrency arbitrage. See ARBITRAGE. \ncurrency market. See foreign-exchange market under \nMARKET. \ncurrency swap. See SWAP. currency-transaction report. A deposit report that must \nbe signed by a person who deposits $10,000 or more in a \nbank account. -The report is on blue paper, much like \nthe skin color ofthe cartoon characters called Smurfs, \nso it is also termed (in slang) a smurf. \ncurrent account. See ACCOUNT. \ncurrent asset. See ASSET. \ncurrent-cost accounting. (1938) A method ofmeasuring \nassets in terms ofreplacement cost. -This approach \naccounts for inflation by recognizing price changes in \na company's assets and restating the assets in terms of \ntheir current cost. \ncurrente termino (k;3r-ren-tee t~r-mi-noh). [Law Latin) \nScots law. During the currency of the term. -The \nphrase might be used in leases. \ncurrent expense. See operating expense under EXPENSE. \ncurrent funds. See FUNDS (2). \ncurrent income. See INCOME. \ncurrent liability. 1. See short-term debt under DEBT. 2. \nSee LIABILITY. \ncurrent market value. (18c) The price at which an asset \ncan be sold within the present accounting period. \ncurrent money. See MONEY. \ncurrent obligation. See OBLIGATION. \ncurrent revenue. See current income under INCOME. \ncurrent wages. See WAGE. \ncurrent yield. See YIELD. \ncurrit quattuorpedibus (k~r-it kwah-too-;3r ped-;3-bas). \n[Law Latin] It runs on four"}
{"text": "k~r-it kwah-too-;3r ped-;3-bas). \n[Law Latin] It runs on four feet; it runs on all fours. See \nON ALL FOURS. \ncursitor (k~r-s;3-t;3r). Hist. A chancery clerk responsible \nfor making out original writs. -Cursitor derives from \nthe writs de cursu that the clerks wrote out. \ncursitor baron. Hist. An officer of the Court of Exche\nquer with administrative, but not judicial, duties. \nOver time, as the Barons of the Exchequer took on \nmore judicial rather than fiscal duties, the need for \nsomeone with financial experience became apparent. \nSo in 1610 a cursitor baron was appointed to sit along\nside the judges. The office was abolished in 1856. \ncursor (k;lr-s;3r). Eccles. law. An inferior officer of the \npapal court. \ncurtesy (k;Jr-t;3-see). (16c) At common law, a husband's \nright, upon his wife's death, to a life estate in the land \nthat his wife owned during their marriage, assuming \nthat a child was born alive to the couple. -This right \nhas been largely abolished. Traditionally, the full phrase \nwas estate by the curtesy ofEngland (or Scotland). \nAlso spelled (esp. in Scots law) courtesy. Also termed \ntenancy by the curtesy. Cf. DOWER. [Cases: Dower and \nCurtesy (;= 1.] \ncurtesy consummate (br-t;3-see k<)l1-s;)m-it or kahn\ns;3-mit). The interest the husband has in his wife's \nestate after her death. \n\n441 \ncurtesy initiate (kar-ta-see i-nish-ee-it). The interest \nthe husband has in his wife's estate after the birth \nof issue capable of inheriting, and before the death \nofthe wife. \ncurtilage (br-ta-Iij). (14c) The land or yard adjoining a \nhouse, usu. within an enclosure . Under the Fourth \nAmendment, the curtilage is an area usu. protected \nfrom warrantless searches. -Also termed (in Latin) \ncurtillium. See OPEN-FIELDS DOCTRINE. Cf. MESSUAGE. \n[Cases: Searches and Seizures (;:::=>27.] \ncurtiles terrae (kar-tI-leez ter-ee). [Law Latin]See COURT \nLANDS. \ncurtillium (br-til-ee-<lm). [Law Latin] See CURTILAGE. \ncushion. See EQUITY (7). \ncushion bond. See BOND (3). \ncustode admittendo (b-stoh-dee ad-mi-ten-doh). See \nDF. ClJSTODE ADMITTENDO. \ncustode amovendo (ka-stoh-dee ay-moh-ven-doh). See \nDF. CUSTODE AMOVENDO. \ncustodes libertatis angliae auctoritate parliamenti \n(kd-stoh-deez lib-ar-tay-tis ang-glee-ee awk-tor-a\ntay-tee parl-[y]d-men-tI). [Latin] Hist. Guardians of the \nliberty of England by the authority ofparliament. _ The \nstyle of all writs and judicial process that issued during \nthe period between the execution ofCharles I (January \n1649) and the proclamation of Oliver Cromwell as Lord \nProtector (December 1653). \ncustodes pads (k<l-stoh-deez pay-sis). [Latin] Hist. Guard\nians (or conservators) of the peace. See PEACE OFFICER. \ncustodiae causa (b-stoh-dee-ee kaw-zd). [Latin] Scots \nlaw. For keeping; for preserving. The phrase described \na bailment's purpose. \ncustodial account. See ACCOUNT. \ncustodia legis. See IN CUSTODIA LEGIS. \ncustodial interference. Family law. 1. The abduction of \na child or the inducement ofa minor child to leave the \nparent legally entitled to custody or not to return to the \nparent entitled to legal custody. [Cases: Child Custody \nC:::::c57, 569, 969; Kidnapping (;:::=>23.]2. Any hindrance \nto a parent's rightful access to a child . The Restate\nment (Second) of Torts  700 (1977) provides for an \naction in tort by the parent entitled to custody against \none who, with knowledge that the parent does not \nconsent, either takes the child or compels or induces \nthe child to leave or not to return to the parent legally \nentitled to custody. [Cases: Child Custody (;:::=>969.] \nAlso termed custody interference. \ncustodial interrogation. See INTERROGATION. \ncustodial parent. See PARENT. \ncustodial responsibility. Family law. Physical child \ncustody and supervision, usu. including overnight \nresponsibility for the child . This term encompasses \nvisitation and sole, joint, and shared custody. Both \nparents share responsibility for the child regardless \nof the amount of time they spend with the child. See \nCUSTODY. custody \ncustodial trust. See TRUST. \ncustodian, n. 1. A person or institution that has charge \nor custody (of a child, property, papers, or other valu\nables); GUARDIAN . In reference to a child, a custodian \nhas either legal or physical custody. See CAREGIVER. 2. \nBankruptcy. A prepetition agent who has taken charge \nofany asset belonging to the debtor. 11 USCA  101(11). \n[Cases: Bankruptcy (;:::=>2021.1.] custodianship, n. \ncustodian bank. See BANK. \ncustodia terrae et haeredis. See DE CUSTODIA TERRAE \nET HAEREDIS. \ncustody, n. (15c) 1. The care and control of a thing or \nperson for inspection, preservation, or security. \nconstructive custody. (1822) Custody of a person (such \nas a parolee or probationer) whose freedom is con\ntrolled by legal authority but who is not under direct \nphYSical controL \npenal custody. Custody intended to punish a criminal \noffender. [Cases: Escape \nphysical custody. See PHYSICAL CUSTODY (1). \npreventive custody. (1976) Custody intended to prevent \nfurther dangerous or criminal behavior. \nprotective custody. (1929) 1. The government's con\nfinement of a person for that person's own security \nor well-being, such as a witness whose safety is in \njeopardy or an incompetent person who may harm \nhim-or herself or others. [Cases: Witnesses (;:::=>20.] \n2. Family law. An arrangement intended to protect \na child from abuse, neglect, or danger whereby the \nchild is placed in the safety of a foster family after \nbeing removed from a home or from the custody of \nthe person previously responsible for the child>scare. \n[Cases: Infants (;:::=>226.] 3. An arrangement made by \nlaw-enforcement authorities to safeguard a person \nin a place other than the person's home because of \ncriminal threats to harm the person. \n2. Family law. The care, control, and maintenance \nof a child awarded by a court to a responsible adult. \n-Custody involves legal custody (decision-making \nauthority) and physical custody (caregiving author\nity), and an award of custody usu. grants both rights. \nIn a divorce or separation proceeding between the \nparents, the court usu. awards custody to one of them, \nunless both are found to be unfit, in which case the \ncourt may award custody to a third party, typically a \nrelative. In a case involving parental dereliction, such \nas abuse or neglect, the court may award custody to the \nstate for placing the child in foster care ifno responsible \nrelative or family friend is willing and able to care for \nthe child. -Also termed child custody; legal custody; \nmanaging conservatorship; parental functions. See \nmanaging conservator (2) under CONSERVATOR; PAR\nENTING PLA~. [Cases: Child Custody (;:=:> 1.] \ndivided custody. (1905) An arrangement by which \neach parent has exclusive physical custody and full \ncontrol of and responsibility for the child part of \nthe time, with visitation rights in the other parent. \n\n442 custody decree \n-For example, a mother might have custody during \nthe school year, and the father might have custody \nduring the summer vacation. [Cases: Child Custody \n(:::;' 21O.J \njoint custody. (1870) An arrangement by which both \nparents share the responsibility for and authority \nover the child at all times, although one parent may \nexercise primary physical custody. -In most juris\ndictions, there is a rebuttable presumption that joint \ncustody is in the child's best interests. JOint-custody \narrangements are favored unless there is so much ani\nmosity between the parents that the child or children \nwill be.adversely affected by a joint-custody arrange\nment. An award of joint custody does not necessar\nily mean an equal sharing of time; it does, however, \nmean that the parents will consult and share equally \nin the child's upbringing and in decision-making \nabout upbringing. In a joint-custody arrangement, \nthe rights, privileges, and responsibilities are shared, \nthough not necessarily the physical custody. In a \njoint-custody arrangement, physical custody is usu. \ngiven to one parent. In fact, awards of joint physical \ncustody, in the absence of extraordinary circum\nstances, are usu. found not to be in the best inter\nests ofthe child. -Also termed shared custody; joint \nmanaging conservatorship. [Cases: Child Custody (:::;' \n120-155.] \n\"The statutes, and the cases as well, differ over the defini\ntion of joint custody. It is most often defined as meaning \nonly that both parents will share in the decisions concern\ning the child's care, education, religion, medical treat\nment and general welfare.\" Homer H. Clark Jr.. The Law \nof Domestic Relations in the United States  19.5. at 815 \n(2d ed. 1988). \nlegal custody. 1. CUSTODY (2). 2. CUSTODY (3). 3. The \nauthority to make Significant decisions on a child's \nbehalf, including decisions about education, religiOUS \ntraining, and healthcare. [Cases: Child Custody (;= \n100-107.J \nphysical custody. 1. PHYSICAL CUSTODY (2). 2. PHYSICAL \nCUSTODY (3). \nresidential custody. See PHYSICAl. CUSTODY (2). \nshared custody. See joint custody. \nsole custody. (1870) An arrangement by which one \nparent has full control and sole decision-making \nresponsibility -to the exclusion ofthe other parent \non matters such as health, education, religion, and \nliving arrangements. [Cases: Child Custody 1, \n100-107,100-107,27.] \nsplit custody. An arrangement in which one parent \nhas custody ofone or more children, while the other \nparent has ~ustody ofthe remaining children. _ Split \ncustody is fairly uncommon, since most jurisdictions \nfavor keeping siblings together. [Cases: Child Custody \n0;>27.] \n3. The detention ofa person by virtue oflawful process \nor authority. -Also termed legal custody. [Cases: \nArrest (:::;'68(3).] -custodial, adj. \ncustody decree. See DECREE. custody determination. Family law. A court order deter\nmining custody and visitation rights. _ The order typi\ncally does not include any instructions on child support \nor other monetary obligations. [Cases: Child Custody \n(;=511,530.] \ncustody evaluation. See HOME-STUDY REPORT. \ncustody hearing. See HEARING. \ncustody interference. See CUSTODIAl. INTERFERENCE. \ncustody ofthe law. (17c) The condition of property or a \nperson being under the control oflegal authority (as a \ncourt or law officer). See IN CUSTODIA tEGIS. \ncustody proceeding. Family law. An action to determine \nwho is entitled to legal or physical custody of a child. \n_ Legal custody gives one the right to make Significant \ndecisions regarding the child, and physical custody \ngives one the right to physical care and control of the \nchild. See CUSTODY; custody hearing under HEARING. \n[Cases: Child Custody C--::::401.] \ncustom, n. (13c) 1. A practice that by its common \nadoption and long, unvarying habit has come to have \nthe force oflaw. See USAGE. [Cases: Customs and Usages \nG-~1.] -customary, adj. \nconventional custom. A custom that operates only \nindirectly through the medium ofagreements, so that \nit is accepted and adopted in individual instances as \nconventional law between the parties to those agree\nments. -Also termed usage. See USAGE. \ngeneral custom. 1. A custom that prevails throughout a \ncountry and constitutes one ofthe sources of the law \nofthe land. [Cases: Customs and Usages 2. \nA custom that businesses recognize and follow. See \ntrade usage under USAGE. \nlegal custom. A custom that operates as a binding rule \noflaw, independently ofany agreement on the part of \nthose subject to it. -Often shortened to custom. \nlocal custom. A custom that prevails in some defined \nlocality only, such as a city or county, and constitutes \na source of law for that place only. Also termed \nparticular custom; special custom. [Cases: Customs \nand Usages (:::;' 1-22.] \n2. (pl.) Duties imposed on imports or exports. 3. (pl.) \nThe agency or procedure for collecting such duties. \ncustomal, n. See CUSTOMARY. \ncustom and usage. General rules and practices that \nhave become the norm through unvarying habit and \ncommon use. Cf. CUSTOM (1); USAGE. [Cases: Customs \nand Usages (:::;' 1-22.] \ncustomary, n. (16c) A record"}
{"text": "Customs \nand Usages (:::;' 1-22.] \ncustomary, n. (16c) A record of all the established legal \nand quasi-legal practices within a community. Also \ntermed custumal; customal. \ncustomary court baron. See COURT BARON. \ncustomary dispatch. See DISPATCH. \ncustomary estate. See COPYHOLD. \ncustomary freehold. See COPYHOLD. \ncustomary international law. See INTERNATIONAL LAW. \n\n443 \ncustomary interpretation. See INTERPRETATION. \ncustomary law. (16c) Law consisting of customs that \nare accepted as legal requirements or obligatory rules \nof conduct; practices and beliefs that are so vital and \nintrinsic a part of a social and economic system that \nthey are treated as if they were laws. -Also termed \nconsuetudinary law. \n\"In contrast with the statute, customary law may be said to \nexemplify implicit law. Let us, therefore, describe custom \nary law in terms that will reveal to the maximum this quality \nof implicitness. A custom is not declared or enacted, but \ngrows or develops through time. The date when it first \ncame into full effect can usually be assigned only within \nbroad limits. Though we may be able to describe in general \nthe class of persons among whom the custom has come \nto prevail as a standard of conduct, it has no definite \nauthor; there is no person or defined human agency we \ncan praise or blame for its being good or bad. There is no \nauthoritative verbal declaration of the terms of the custom; \nit expresses itself not in a succession of words, but in a \ncourse of conduct.\" Lon L. Fuller, Anatomy of the Law 71 \n(1968). \ncustomary seisin. See quasi-seisin under SEISIN. \ncustomary tenant. See TENANT. \ncustomers' goods. See GOODS. \ncustomer's man. See registered representative under REP\nRESENTATIVE. \ncustomer's person. See registered representative under \nREPRESENTATIVE. \ncustomhouse. A building or office, esp. at a port, where \nduties or customs are collected and where ships are \ncleared for entering or leaving the port. -Also spelled \ncustomshouse. \ncustomhouse broker. See BROKER. \ncustom ofYork. See YORK, CUSTOM OF. \nCustoms and Patent Appeals, Court of. See COURT OF \nCUSTOMS AND PATENT APPEALS. \ncustoms broker. See customhouse broker under BROKER. \nCustoms Cooperation Council. A specialized inter\ngovernmental organization for the study of customs \nquestions. Established in 1952, the Council has its \nheadquarters in Brussels. -Abbr. CCc. \nCustoms Court, U.S. See UNITED STATES CUSTOMS \nCOURT. \ncustoms duty. See DUTY (4). \ncustoms frontier. Int'llaw. The territorial boundary at \nwhich a country imposes customs duties. \ncustomshouse. See CUSTOMHOUSE. \ncustoms union. Int'l law. A combination of two or \nmore countries within a single customs area with a \ncommon external tariff, though each participating \ncountry remains politically independent.  The effect \nis that tariffs originally levied on the traffic of goods \nbetween those countries are abolished or else succes\nsively dismantled according to an agreed-upon scheme, \nand that common tariffs are imposed on imports from \nnonmembers. cyberlaw \ncustos (k;)s-tahs also k;)s-t;)s). [Latin] Hist. A keeper, pro\ntector, or guardian. \nCustos Brevium (k;)s-tahs bree-vee-;)m). [Law Latin \n\"keeper of the writs\"] Hist. A clerk who receives and \nfiles the writs returnable to the Courts ofKing's Bench \nand Common Pleas. The office was abolished in \n1837. -Also termed Keeper ofthe Briefs. \ncustos maris (k;)s-tahs mar-is). [Law Latin \"warden ofthe \nsea\"] Hist. A high-ranking naval officer; an admiral. \nAlso termed seaward; seward. \ncustos morum (k;)s-tahs mor-dm). [Law Latin] Custodian \nofmorals <H.L.A. Hart believed that courts should not \nbe seen as the custos morum> .  This name was some\ntimes used in reference to the Court of King's Bench. \n\"[H]e [Viscount Simonds] approved the assertion of Lord \nMansfield two centuries before that the Court of King's \nBench was the custos morum of the people and had the \nsuperintendency of offences contra bonos mores.\" Patrick \nDevlin, The Enforcement ofMorals 88 (1968). \ncustos placitorum coronae (k;)s-tahs plas-;)-tor-dm \nkd-roh-nee). [Law Latin] See CORONATOR. \nCustos Rotulorum (k;)s-tahs roch-p-lor-dm or rot-Yd\nlor-dm). [Law Latin \"keeper ofthe pleas ofthe Crown\"] \nHist. The principal justice of the peace in a county, \nresponsible for the rolls of the county sessions of the \npeace. -Also termed Keeper ofthe Rolls. \nCustos Sigilli. See KEEPER OF THE GREAT SEAL. \ncustos spiritualium (k;)s-tahs spir-i-choo-ay-Iee-;)m or \n-tyoo-ay-Iee-;)m). [Law Latin \"keeper of the spirituali\nties\"] Eccles. law. A member of the clergy responsible \nfor a diocese's spiritual jurisdiction during the vacancy \nof the see. \ncustos terrae (k;)s-tahs ter-ee). [Law Latin \"keeper ofthe \nland\"] Hist. Guardian, warden, or keeper ofthe land. \ncustuma (k;)s-chd-md or k;)S-tp-md). [French coustum \n\"toll\" or \"tribute\"] Hist. A duty or impost. \ncustumal, n. See CUSTOMARY. \ncutoff date. See DATE. \ncutpurse. Hist. A person who steals by cutting purses; \na pickpocket. \nCVA. abbr. United States Court of Veterans Appeals. \nSee UNITED STATES COURT OF APPEALS FOR VETERANS \nCLAIMS. \nCVSG. abbr. A call for the view of the Solicitor General\nan invitation from the U.S. Supreme Court for the \nSolicitor General's views on a pending petition for writ \nofcertiorari in a case in which, though the government \nis not a party, governmental interests are involved. \nCwth. abbr. COMMONWEALTH (4). \nCXT. abbr. See common external tariff under TARIFF (2). \ncybercrime. See computer crime under CRIME. \ncybedaw (sI-bdr-law). (1994) The field oflaw dealing with \nthe Internet, encompassing cases, statutes, regulations, \nand disputes that affect people and businesses interact\ning through computers. Cyberlaw addresses issues \nofonline speech and business that arise because ofthe \n\nnature ofthe medium, including intellectual property \nrights, free speech, privacy, e-commerce, and safety, as \nwell as questions ofjurisdiction. -Also termed cyber\nspace law. \n\"Much of the hoopla about 'cyberspace law' relates more \nto climbing the steep learning curve of [the Internet'sl tech \nnological complexities than to changes in fundamental \nlegal principles. To the extent there was 'new' law, it was \nalmost entirely caseby-case development, in accordance \nwith accepted and wellunderstood basic legal principles, \nalbeit applied to new technology and new circumstances.\" \nJay Dratler Jr., Cyberlaw  1.01, at 13 (2001). \ncyberpatent. See business-method patent and Internet \npatent under PATENT (3). \ncyberpayment. A transfer of money over the Internet, \nusu. through a payment service. -Also termed \nInternet payment. \ncyberpiracy. Trademarks. The act of registering a well\nknown name or mark (or one that is confusingly \nsimilar) as a website's domain name, usu. for the \npurpose of deriving revenue . One form of cyber\npiracy is cybersquatting. Another is using a similar \nname or mark to mislead consumers. For example, a \nsite called Nikee.com that sells Nikee branded athletic \nshoes and sporting goods would draw customers away \nthe famous Nike brand. [Cases: Trademarks C=o 1490\n1503.] -cyberpirate, n. \ncyberspace law. See CYBERLAW. \ncybersquatting. (1997) The act of reserving a domain \nname on the Internet, esp. a name that would be associ\nated with a company's trademark, and then seeking to \nprofit by selling or licensing the name to the company \nthat has an interest in being identified with it . The \npractice was banned by federal law in 1999. See ANTI\nCYBERSQUATTING CONSUMER PROTECTION ACT. [Cases: \nTelecommunications C=o 1333.] \ncyberstalking. (1995) The act of threatening, harass\ning, or annoying someone through multiple e-mail \nmessages, as through the Internet, esp. with the intent \nof placing the recipient in fear that an illegal act or an \ninjury will be inflicted on the recipient or a member of \nthe recipient's family or household. \ncyberterrorism. See TERRORISM. \ncybertheft. (1994) The act of using an online computer \nservice, such as one on the Internet, to steal someone \nelse's property or to interfere with someone else's use \nand enjoyment of property. Examples of cybertheft \nare hacking into a bank's computer records to wrong\nfully credit one account and debit another, and interfer\ning with a copyright by wrongfully sending protected \nmaterial over the Internet. [Cases: Telecommunications \nC=o461.15.] cyclical (sI-kl;l-bl or sik-l;l-bl), ad}. (Of a stock or an \nindustry) characterized by large price swings that occur \nbecause of government policy, economic conditions, \nand seasonal changes. \ncy pres (see pray or SI). [Law French \"as near as\"] (1885) \n1. The equitable doctrine under which a court reforms \na written instrument with a gift to charity as closely \nto the donor's intention as possible, so that the gift \ndoes not fail.  Courts use cy pres esp. in construing \ncharitable gifts when the donor's original charitable \npurpose cannot be fulfilled. It is also used to distrib\nute unclaimed portions of a class-action judgment or \nsettlement funds to a charity that will advance the \ninterests of the class. More recently, courts have used \ncy pres to distribute class-action-settlement funds not \namenable to individual claims or to a meaningful pro \nrata distribution to a nonprofit charitable organization \nwhose work indirectly benefits the class members and \nadvances the public interest. Cf. DOCTRINE OF APPROX\nIMATION. [Cases: Charities C=o37; Deposits in Court \nC=oll.] \n\"The cy pres doctrine has been much discussed, if not \na little severely criticised, and in many cases misunder\nstood.... The cy pres doctrine is one under which Courts \nof Chancery act, when a gift for charitable uses cannot \nbe applied according to the exact intention of the donor. \nIn such cases the courts will apply the gift, as nearly as \npossible (cy pres) in conformity with the presumed general \nintention of the donor; for it is an established maxim in the \ninterpretation of wills, that a court is bound to carry the \nwill into effect if it can see a general intention consistent \nwith the rules of law, even if the particular mode or manner \npointed out by the testator cannot be followed.\" George \nT. Bispham, The Principles ofEquity 104, at 113-14 (11th \ned.1931). \n\"Although the reason for the adoption of the cy pres rule \nby the English chancery court in the middle ages is not \nknown, various hypotheses as to the motives of the court \nhave been suggested. The most plausible theory is that \nthe chancellors, being ecclesiastics and trained in Roman \nlaw, resurrected this civil law doctrine in order to save \ngifts made for religious purposes and thereby subject the \nproperty to church control. Justification for the use of the \ndoctrine was laid on the shoulders of the donor, the idea \nbeing that since the object of the testator in donating the \nmoney to charity was to obtain an advantageous position \nin the kingdom of heaven, he ought not to be frustrated \nin this desire because of an unexpected or unforeseen \nfailure.\" Edith L. Fisch, The Cy Pres Doctrine in the United \nStates 4 (1950). \n2. A statutory provision that allows a court to reform \na will, deed, or other instrument to avoid violating the \nrule against perpetuities. See RULE AGAINST PERPETU\nITIES. [Cases: Perpetuities C=o4(22).] \ncyrographarius (sI-roh-gp-fair-ee-;ls). [Law Latin] Hist. \nSee CHIROGRAPH (4). \ncyrographum (sI-rog-r;l-bm). [Law Latin] See CHIRO\nGRAPH (2). \n\nD \nD. abbr. 1. DISTRICT. 2. DEFENDANT. 3. DIGEST. \nD.A. abbr. 1. DISTRICT ATTORNEY. 2. See deposit account \nunder ACCOUNT. \ndactylography (dak-td-Iog-rd-fee), n. The scientific study \nof fingerprints as a method of identification. Also \ntermed dactyloscopy. dactylographic (dak-til-d\ngraf-ik), a'dj. \ndactyloscopy. See DACTYLOGRAPHY. \nDAF. abbr. DELIVERED AT FRONTIER. \ndailia. See DALUS. \ndailus. See DALUS. \ndaily balance. (1859) The final daily accounting for a day \non which interest is to be accrued or paid. \naverage daily balance. The average amount of money \nin an account (such as a bank account or credit-card \naccount) during a given period . This amount serves \nas the basis for computing interest or a finance charge \nfor the period. \ndaily newspaper. See NEWSPAPER. \ndaisy chain. A series ofpurchases and sales ofthe same \nstock by a small group ofsecurities dealers attempting \nto drive up the stock's price to attract"}
{"text": "ases and sales ofthe same \nstock by a small group ofsecurities dealers attempting \nto drive up the stock's price to attract unsuspecting \nbuyers' interest . Once the buyers have invested (Le., \nare caught up in the chain), the traders sell for a qUick \nprofit, leaving the buyers with overpriced stock. This \npractice is illegaL \ndalus (day-IdS), n. [Law Latin \"a dale\"] Hist. 1. A dale; a \nditch. 2. A measure ofland being a thin strip ofpasture \nbetween two plowed furrows. Also termed dailus; \ndailia. \ndamage, adj. Of or relating to monetary compensation \nfor loss or injury to a person or property <a damage \nclaim> <a damage award>. -Also termed damages \n<a damages claim>. Cf. DAMAGES. \ndamage, n. (l4c) Loss or injury to person or property \n<actionable damage resulting from negligence>. \ndamage-deer (dam-ij kIeer), n. [fro Latin damna cleri\ncorum \"clerk's compensation\"] Hist. A set fee payable \nby a plaintiff to the Court of the Common Pleas, King's \nBench, or Exchequer before execution on an award of \ndamages. The fee -later abolished by statute was \noriginally a gratuity to the court clerks for preparing \nspecial pleadings. -Also spelled damage cleere. \nAlso termed damna clericorum. \n\"Damage cleere, damna clericorum, was assessed by the \ntenth part in the common pleas, and by the twentieth part \nin the king's bench and exchequer, of all damages, exceed\ning five marks, recovered either by verdict, confeSSion, \nor judgment of the court, in all actions upon the case, \ncovenant. trespass, battery, false imprisonment, dower, \nand all others, wherein the damages were uncertain. which the plaintiff was obliged to pay to the prothonotary, or \nchief officer of that court, wherein they were recovered \nbefore he could have execution for them. But this is taken \naway by 17 Car. 2, c. 6.\" Termes de fa Ley 141 (lst Am. ed. \n1812). \ndamage feasant (dam-ij fez-dnt orfee-zdnt), n. [fro French \nfaisant dommage] Hist. Doing damage . This phrase \nusu. refers to injury to a person's land caused by another \nperson's animals trespassing on the property and eating \nthe crops or treading the grass. By law, the owner of \nthe damaged property could distrain and impound the \nanimals until compensated by the animals' owner. But \nthe impounder had to feed the animals and could not \nsell or harm them. The term was introduced during the \nreign ofEdward III. Also spelled damage faisant. \nAlso termed damnum facientes. \ndamage rule. See LEGAL-INJURY RULE. \ndamages, n. pI. (l6c) Money claimed by, or ordered to \nbe paid to, a person as compensation for loss or injury \n<the plaintiff seeks $8,000 in damages from the defen\ndant>. damage, adj. \n\"Damages are the sum of money which a person wronged \nis entitled to receive from the wrongdoer as compensa\ntion for the wrong.\" Frank Gahan, The Law of Damages \n1 (1936). \naccumulative damages. Statutory damages allowed \nin addition to amounts available under the common \nlaw. Also termed enhanced damages. \nactual damages. (18c) An amount awarded to a com\nplainant to compensate for a proven injury or loss; \ndamages that repay actual losses. Also termed com\npensatory damages; tangible damages; real damages. \n[Cases: Damages <>~)15.J \nadded damages. See punitive damages. \nadditional damages. Damages usu. provided by statute \nin addition to direct damages . Additional damages \ncan include expenses resulting from the injury, con\nsequential damages, or punitive damages. \nbenefit-of-the-bargain damages. (1955) Damages that a \nbreaching party to a contract must pay to the aggrieved \nparty, equal to the amounts that the aggrieved party \nwould have received, including profits, ifthe contract \nhad been fully performed. Also termed loss-oJ-bar\ngain damages. [Cases: Damages l17; Fraud \n59(2).] \ncompensatory damages (kdm-pen-sd-tor-ee). (1817) \n1. Damages sufficient in amount to indemnify the \ninjured person for the loss suffered. Often short\nened to 2. See actual damages. [Cases: \nDamages \nconsequential damages. 07c) Losses that do not flow \ndirectly and immediately from an injurious act but \n\nthat result indirectly from the act. -Also termed \nindirect damages. [Cases: Damages C='15-25.] \ncontemptuous damages. See nominal damages. \ncontinuing damages. 1. Ongoing damages arising from \nthe same injury. 2. Damages arising from the repeti\ntion ofsimilar acts within a definite period. \ncosmetic damages. The amount awarded to compensate \nfor personal disfigurement. \ndamages for lost expectations. See expectation dama\nges. \ndamages ultra (;)}-tr;). Additional damages claimed by \na plaintiff who is not satisfied with the amounts the \ndefendant paid into court. \ndirect damages. See general damages. \ndiscretionary damages. Damages (such as mental \nanguish or pain and suffering) that are not precisely \nmeasurable but are determined by the subjective \njudgment of a jury. -Also termed indeterminate \ndamages. \ndouble damages. Damages that, by statute, are twice \nthe amount that the fact-finder determines is owed \nor twice the amount ofactual damages awarded . In \nsome cases, double damages are awarded in addition \nto actual damages, so the effect is the same as treble \ndamages. [Cases: Damages C='227.] \nenhanced damages. 1. See accumulative damages. \n2. Patents. Damages for patent infringement in an \namount up to three times that of compensatory \ndamages, at the discretion of the court, based on the \negregiousness of the defendant's conduct, including \nthe willfulness of the infringement. 35 VSCA  284. \n[Cases: Patents C='319(3).] \nestimated damages. See liquidated damages. \nexcess damages. Damages awarded to an insured \nbeyond the coverage provided by an insurance \npolicy -because the insurer did not settle the claim \nwithin policy limits. Ifthe insurer acted in bad \nfaith in not settling, the insured may have a claim to \nrecover the excess damages from the insurer. -Also \ntermed excess-liability damages. [Cases: Insurance \nC='3350.] \nexcessive damages. A jury award that grossly exceeds \nthe amount warranted by law based on the facts and \ncircumstances of the case; unreasonable or outra\ngeous damages, which are subject to reduction by \nremittitur. See REMITTITUR. [Cases: Damages (::::> \n127-140.] \nexemplary damages. See punitive damages. \nexpectation damages. (1939) Compensation awarded \nfor the loss of what a person reasonably anticipated \nfrom a transaction that was not completed. -Also \ntermed expectancy damages; lost-expectation damages; \ndamages for lost expectations. [Cases: Damages (::::> \n23.] \nfee \tdamages. Damages awarded to the owner of \nproperty abutting an elevated railrhist oad for injury caused by the railroad's construction and \noperation. The term is used because the damage is \nto the property owner's easements of light, air, and \naccess, which are parts of the fee. \nforeseeable damages. Damages that a breaching party \nknew or should have known when the contract was \nmade would be likely to result from a breach. [Cases: \nDamages C='21.] \nfuture damages. (17c) Money awarded to an injured \nparty for an injury's residual or projected effects, such \nas those that reduce the person's ability to function. \n Examples are expected pain and suffering, loss \nor impairment of earning capacity, and projected \nmedical expenses. [Cases: Damages (::::>25.] \ngeneral damages. (18c) Damages that the law presumes \nfollow from the type ofwrong complained of; specif., \ncompensatory damages for harm that so frequently \nresults from the tort for which a party has sued that \nthe harm is reasonably expected and need not be \nalleged or proved. General damages do not need \nto be specifically claimed. -Also termed direct \ndamages; necessary damages. [Cases: Damages C=' \n5.] \ngross damages. The total damages found before adjust\nments and offsets. \nhedonic damages (hi-don-ik). (1985) Damages that \nattempt to compensate for the loss of the pleasure of \nbeing alive . Such damages are not allowed in most \njurisdictions. -Also termed (erroneously) hedonistic \ndamages. [Cases: Damages (::::>48-56.20.] \nimaginary damages. See punitive damages. \ninadequate damages. Damages insufficient to fully \nand fairly compensate the parties; damages bearing \nno reasonable relation to the plaintiff's injuries, indi\ncating prejudice, mistake, or other fact to support \nsetting aside a jury's verdict. [Cases: Damages (::::> \n127.1-140.7.] \nincidental damages. (18c) 1. Losses reasonably associ\nated with or related to actual damages. 2. A seller's \ncommercially reasonable expenses incurred in \nstopping delivery or in transporting and caring for \ngoods after a buyer's breach. VCC  2-7l0. [Cases: \nSales (::::>384(4).] 3. A buyer's expenses reasonably \nincurred in caring for goods after a seller's breach. \nVCC  2-715(1). [Cases: Sales (::::>418(19).] \n\"What are incidental damages? The Code does not define \nincidental damages; rather 2-715(1) lists many expenses \nthat are included as incidental damages. However, \nComment 1 to 2-715 stresses that those listed 'are not \nintended to be exhaustive' but are merely illustrative \nof the typical kinds of incidental expenses that can be \nrecovered under 2-715: (1) those associated with rightful \nrejection (for instance, inspection and storage); (2) those \nassociated with a proper revocation of acceptance; and \n(3) those involved in effecting cover.\" 1 James J. White & \nRobert S. Summers, Uniform Commercial Code  10-3, at \n561-62 (4th ed. 1995). \nindeterminate damages. See discretionary damages. \nindirect damages. See consequential damages. \n\nintervening damages. Continuing damages that accrue \nduring the pendency and prosecution of an unsuc\ncessful appeal. _ A lower court may include interven\ning damages in an award. \nirreparable damages (i-rep-<J-r<J-b<JI). Damages that \ncannot be easily ascertained because there is no fixed \npecuniary standard of measurement, e.g., damages \nfor a repeated public nuisance. -Also termed non\npecuniary damages. \nland damages. See just compensation under COMPEN\nSATION. \nlawful damages. Those damages fixed by law and ascer\ntained in' a court oflaw. \nliquidated damages. (I8c) An amount contractu\nally stipulated as a reasonable estimation of actual \ndamages to be recovered by one party if the other \nparty breaches. -If the parties to a contract have \nproperly agreed on liquidated damages, the sum fixed \nis the measure of damages for a breach, whether it \nexceeds or falls short of the actual damages. -Also \ntermed stipulated damages; estimated damages. See \nLIQUIDATED-DAMAGES CLAUSE. Cf. unliquidated \ndamages; PENALTY CLAUSE. [Cases: Damages c=> \n74-84.] \n\"Where the terms of a contract specify a sum payable for \nnon'performance, it is a question of construction whether \nthis sum is to be treated as a penalty or as liquidated \ndamages. The difference in effect is this: The amount \nrecoverable in case of a penalty is not the sum named, but \nthe damage actually incurred. The amount recoverable as \nliquidated damages is the sum named as such. In constru\ning these terms a judge will not accept the phraseology \nof the parties; they may call the sum specified 'liquidated \ndamages,' but if the judge finds it to be a penalty, he will \ntreat it as such.\" William R. Anson, Principles ofthe Law of \nContract 470 (Arthur L. Corbin ed., 3d Am. ed. 1919). \n\"The distinction between a penalty and genuine liqui\ndated damages, as they are called, is not always easy \nto apply. but the Courts have made the task simpler by \nlaying down certain guiding principles. In the first place, \nif the sum payable is so large as to be far in excess of \nthe probable damage on breach, it is almost certainly a \npenalty. Secondly, if the same sum is expressed to be \npayable on anyone of a number of different breaches of \nvarying importance, it is again probably a penalty, because \nit is extremely unlikely that the same damage would be \ncaused by these varying breaches. Thirdly, where a sum is \nexpressed to be payable on a certain date, and a further \nsum in the event of default being made, this latter sum is \nprima facie a penalty, because mere delay in payment is \nunlikely to cause damage. Finally, it is to be noted that the \nmere use of the words 'liquidated damages' is not decisive, \nfor it is the task of the Court and not of the parties to \ndecide the true nature of the sum payable.\" P.5. Atiyah, An \nIntroduction to the Law ofContract 316-17 (3d ed. 1981). \nloss-of-bargain damages. See benefit-of-the-bargain \ndamages. \nlost-expectation damages. See expectation damages. \nlost-profits damages. See LOST-PROFITS (1). \nmoratory damages (mor-cHor-ee or mahr"}
{"text": "profits damages. See LOST-PROFITS (1). \nmoratory damages (mor-cHor-ee or mahr-). Civil \nlaw. Damages for a delay in performing an obliga\ntion. La. Civ. Code arts. 1989. 1994. -There must \nbe a default before these damages can be recovered, while compensatory damages are recoverable for both \na failure of performance and for a defective perfor\nmance. \nmultiple damages. Statutory damages (such as double \nor treble damages) that are a multiple of the amount \nthat the fact-finder determines to be owed. Also \ntermed multiplied damages. See double damages; \ntreble damages. [Cases: ~ULHU\"~U \n\"[TJhe statutory multiple damages differ from the common \nlaw punitive damages in that punitive damages involved \nno fixed sum or limit. The fixed limit of multiple damages \nnot only reduces their threat to the defendant and the \npotential for abuse, it also reduces the possibility of a \nmeasured deterrence. Likewise, because the enhancement \nof the award is fixed by the statutory multiple, there is \nno occasion for introducing evidence of the defendant'S \nwealth as there is in the case of common law punitive \ndamages. .. Perhaps a more important distinction is \nthat multiple damages statutes may be enacted for entirely \nnonpunitive purposes. SpeCifically, some double or treble \ndamages statutes, and also specified 'civil penalties,' are \nintended to provide a kind of liquidated damages for actual \nlosses that cannot be proved or that are otherwise unrec\nognized by the law.\" Dan B. Dobbs, Law ofRemedies  3.12, \nat 359 (2d ed. 1993). \nnecessary damages. See general damages. \nnominal damages. (18c) 1. A trifling sum awarded when \na legal injury is suffered but there is no substantial loss \nor injury to be compensated. 2. A small amount fixed \nas damages for breach ofcontract without regard to \nthe amount of harm. -Also termed contemptuous \ndamages. Cf. substantial damages. [Cases: Damages \nC=>8-14.] \n\"Nominal damages are damages awarded for the infrac\ntion of a legal right, where the extent of the loss is not \nshown, or where the right is one not dependent upon loss \nor damage, as in the case of rights of bodily immunity \nor rights to have one's material property undisturbed by \ndirect invasion. The award of nominal damages is made \nas ajudicial declaration that the plaintiff's right has been \nviolated.\" Charles T. McCormick, Handbook on the Law of \nDamages  20, at 85 (1935). \n\"Nominal damages are awarded if the plaintiff establishes \na breach of contract or a tort of the kind that is said to be \n'actionable per se' but fails to establish a loss caused by \nthe wrong. In the case of tort not actionable per se for \nexample, negligence, if the plaintiff fails to establish a \nthe action will be dismissed. The practical significance of a \njudgment for nominal damages is that the plaintiff thereby \nestablishes a legal right. The judgment has the effect of a \ndeclaration of legal rights and may deter future infringe\nments or may enable the plaintiff to obtain an injunction \nto restrain a repetition of the wrong. The obtaining of \nnominal damages will also, in many cases, entitle a plaintiff \nto costs .... [Also,] nominal damages might serve as a peg \nupon which to hang an award of exemplary damages.\" S.M. \nWaddams, The Law of Damages 477-78 (3d ed. 1997). \nnonpecuniary damages. Damages that cannot be \nmeasured in money. See irreparable damages. \nparticular damages. See special damages. \npecuniary damages (p<:l-kyoo-nee-er-ee). (17c) Damages \nthat can be estimated and monetarily compensated. \n-Although this phrase appears in many old cases, \nit is now widely considered a redundancy -since \ndamages are always pecuniary. \n\n448 damages \npermanent damages. Damages for past, present, and \nfuture harm that cannot be avoided or remedied. \n[Cases: Damages C=:'39, 98,110, 216(6).J \npresumptive damages. See punitive damages. \nprospective damages. Future damages that, based on \nthe facts pleaded and proved by the plaintiff, can rea\nsonably be expected to occur. [Cases: Damages C=:' \n25.J \nproximate damages. Damages directly, immediately, \nand naturally flowing from the act complained of. Cf. \nspeculative damages (1). [Cases: Damages C=:' 18.J \npunitiv~ damages. (1848) Damages awarded in \naddition to actual damages when the defendant \nacted with recklessness, malice, or deceit; specif., \ndamages assessed by way of penalizing the wrong\ndoer or making an example to others. Punitive \ndamages, which are intended to punish and thereby \ndeter blameworthy conduct, are generally not recov\nerable for breach ofcontract. The Supreme Court has \nheld that three guidelines help determine whether a \npunitive-damages award violates constitutional due \nprocess: (1) the reprehensibility ofthe conduct being \npunished; (2) the reasonableness of the relationship \nbetween the harm and the award; and (3) the differ\nence between the award and the civil penalties autho\nrized in comparable cases. BMW ofNorth America, \nInc. v. Gore, 517 U.S. 559, 116 S.Ct. 1589 (1996). \nAlso termed exemplary damages; vindictive damages; \npunitory damages; presumptive damages; added \ndamages; aggravated damages; speculative damages; \nimaginary damages; smart money; punies. [Cases: \nDamages C=:'87-94.J \n\"Although compensatory damages and punitive damages \nare typically awarded at the same time by the same deci\nsionmaker, they serve distinct purposes. The former are \nintended to redress the concrete loss that the plaintiff has \nsuffered by reason of the defendant's wrongful conduct. \nThe latter, which have been described as 'quasi-criminal,' \noperate as 'private fines' intended to punish the defendant \nand to deter future wrongdoing. A jury's assessment of \nthe extent of a plaintiff's injuries is essentially a factual \ndetermination, whereas its imposition of punitive damages \nis an expression of its moral condemnation\" Cooper Indus. \nv. Leatherman Tool, S32 U.S. 424, 432,121 S.Ct. 1678, 1683 \n(2001) (per Stephens, J). \nputative damages. Damages that are alleged; claimed \nbut unproved damages. \nreal damages. See actual damages. \nreliance damages. (1938) Damages awarded for losses \nincurred by the plaintiff in reliance on the contract.  \nReliance damages restore the plaintiff to the economic \ncondition the plaintiff enjoyed before the contract was \nformed. [Cases: Damages C=:'22.J \n\"Reliance damages are ... 'real' losses in a much more \ntangible way than losses of expectations. The distinction \nis nicely illustrated by McRae v. Commonwealth Disposals \nCommission . ... In this case, ... the defendants sold a \nshipwrecked tanker which they advertised as lying on a \ncertain reef in the Pacific, and the plaintiffs spent a sub\nstantial sum of money equipping a salvage expedition to \ngo in search of the ship. The ship was wholly non-existent, \nand the plaintiffs were held entitled to damages. Here it was clear that the plaintiffs had incurred substantial \nexpenses -real losses -in reliance on the contract, and \nthe Australian High Court awarded these reliance damages \nto the plaintiffs.\" P.S. Atiyah, An Introduction to the Law of \nContract 311 (3d ed. 1981). \nreliance-loss damages. A reimbursement for losses \nor expenses that the plaintiff suffers in reliance on \nthe defendant's contractual promise that has been \nbreached. \nremote damages. See speculative damages (1). \nrescissory damages (ri-sis-;.l-ree or ri-siz-). Damages \nawarded to restore a plaintiff to the position occupied \nbefore the defendant's wrongful acts. \nrestitution damages. (1939) Damages awarded to \na plaintiff when the defendant has been unjustly \nenriched at the plaintiff's expense. \n\"Suppose A pays money to B in pursuance of a contract \nwhich turns out to be void, or perhaps is subsequently \nfrustrated: clearly A cannot sue Bfor breach of contract. B's \npromise to perform his side of the bargain is vitiated by the \nmistake or the frustrating event, so A's lost expectations \nare losses which he must just put up with. But his claim to \nrepayment of the money is evidently much stronger: for \nthis money is a tangible loss to A and a tangible enrich\nment to B. So in this sort of case the money will often \nbe recoverable, though English lawyers think of this as \na quaSi-contractual claim to recover money as on a total \nfailure of consideration, and not a contractual claim to \nrestitution damages. There is, however, no strong reason \nfor refusing to call this a contractual action, any more \nthan there is a reason for calling an action for damages \nquasi-contractual.\" P.S. Atiyah, An Introduction to the Law \nofContract312 (3d ed. 1981). \nseverance damages. In a condemnation case, damages \nawarded to a property owner for diminution in the \nfair market value ofland as a result ofseverance from \nthe land of the property actually condemned; com\npensation awarded to a landowner for the loss in value \nof the tract that remains after a partial taking of the \nland. [Cases: Eminent Domain C=:'95, 96,138] \nspecial damages. Damages that are alleged to have \nbeen sustained in the circumstances of a particular \nwrong. To be awardable, special damages must be \nspecifically claimed and proved. See Fed. R. Civ. P. \n9(g). -Often shortened to specials. -Also termed \nparticular damages. [Cases: Damages C=:'5.J \nspeculative damages. (1804) 1. Damages that are so \nuncertain to occur that they will not be awarded. \nAlso termed remote damages. 2. See punitive \ndamages. \nstatutory damages. Damages provided by statute (such \nas a wrongful death and survival statute), as distin\nguished from damages provided under the common \nlaw. [Cases: Death C=:'80.] \nstipulated damages. See liquidated damages. \nsubstantial damages. A considerable sum awarded to \ncompensate for a significant loss or injury. Cf. nominal \ndamages. [Cases: Damages C=:'6, 10.] \n\"Substantial damages ... are the result of an effort at \nmeasured compensation, and are to be contrasted with \nnominal damages which are in no sense compensatory, \n\nbut merely symbolic.\" Charles T. McCormick, Handbook on \nthe Law of Damages  20, at 85 (1935). \ntangible damages. See actual damages. \ntemperate damages. Rare. Reasonable damages. \ntemporary damages. Damages allowed for an inter\nmittent or occasional wrong, such as a real-property \ninjury whose cause can be removed or abated. [Cases: \nDamages 109.] \ntreble damages. (l8c) Damages that, by statute, are \nthree times the amount of actual damages that the \nfact-finder determines is owed. -Also termed triple \ndamages: [Cases: Damages C=227.J \nuncertain damages. Damages that are not clearly the \nresult ofa wrong . The rule against allowing recovery \nof uncertain damages refers to these damages, not \ndamages that are uncertain only in amount. [Cases: \nDamages \nunliquidated damages. (18c) Damages that cannot be \ndetermined by a fixed formula and must be estab\nlished by a judge or jury. Cf. liquidated damages. \n[Cases: Damages 6,194.] \nvindictive damages. See punitive damages. \ndamages, mitigation of. See MITIGATION-OF-DAMAGES \nDOCTRINE. \ndamages clause. See SuRFACE-DAMAGE CLAlJSE. \ndamages for detention. See noncontract demurrage \nunder DEMURRAGE. \ndame. 1. The legal title of the wife ofa knight or baronet. \n2. The female equivalent of a knight. 3. A form of \naddress to a woman ofhigh rank. 4. A matron. 5. Slang. \nA woman. Also termed (in senses 1 & 2) domina. \ndamna (dam-n<l), n. [fro Latin damnum \"damage; loss\"] \nHist. 1. Damages, exclusive ofcosts. 2. Damages, inclu\nsive ofcosts. 3. The abbreviation ofdamna clericorum, \nthe Latin equivalent to damage-deer, being a portion \nofdamages constituting the clerk's fee. See DAMAGE\nCLEER. \ndamna clericorum (dam-n<l kler-<l-kor-;:lm), n. See DAM\nAGE-CLEER. \ndamnatus (dam-nay-t<ls), n. [fro Latin damnare \"to \ncondemn\"]l. Roman law. A person condemned, esp. \nin a capital case. 2. Hist. Something prohibited by law; \nsomething that is unlawful, as in damnatus coitus \n(\"unlawful sexual connection\"). \ndamn-fool doctrine. Insurance. The principle that an \ninsurer may deny (esp. liability) coverage when an \ninsured engages in behavior that is so ill-conceived that \nthe insurer should not be compelled to bear the loss \nresulting from the insured's actions. -Also termed \ndamnedJool doctrine. \n\"The 'damn foolish acts' concept is not a perfect predictor \nofjudicial decisions, both because of its own imprecision \nand because other considerations, such as a desire to \nassure an innocent third party a source of indemnifica\ntion, may influence a court. However, especially when ... \nthe insured who acted foolishly has suffiCient resources \nto provide"}
{"text": "tion, may influence a court. However, especially when ... \nthe insured who acted foolishly has suffiCient resources \nto provide compensation to the injured persons, analysis of a coverage issue on the basis of a 'damn fool' doctrine \nis frequently a very effective approach both to predicting \nand to understanding outcomes.\" Robert E. Keeton & Alan \nI. Widiss, Insurance Law: A Guide to Fundamental Principles, \nLegal Doctrines, and Commercial Practices  5.4, at 541 \n(1988). \ndamnification, n. Something that causes damage <dam\nnification in the form ofa penalty>. \ndamnify, vb. To cause loss or damage to; to injure <the \nsurety was damnified by the judgment obtained against \nit>. \ndamn; injuria actio (dam-m in-joor-ee-ee ak-shee\noh). [Latin \"an action for wrongful damage\"] See actio \ndamni injuria under ACTIO. \ndamnosa aut lucrosa (dam-noh-s<l awt loo-kroh-s<l). \n[LatinJ Hist. Disadvantageous or advantageous . The \nheir to a succession had to determine whether it was \nhurtful or advantageous to him to take up the estate \nbefore actually doing so. See ANNUS DELIBERANDI. \ndamnosa hereditas (dam-noh-s;:l h;:l-red-i-tas), n. [Latin \n\"an injurious inheritance\"] 1. Roman & civil law. An \ninheritance more onerous than beneficial, esp. because \nit is burdened with debt. 2. English law. A bankrupt \ndebtor's property that creditors will disclaim under \nthe bankruptcy laws because debt on the property will \nexceed revenues. 3. Generally, anything that is acquired \nbut turns out to be disadvantageous. Also spelled \ndamnosa haereditas. \ndamnous (dam-n;:ls), adj. Causing loss or damage. \ndamno vitando. 1. See CERTANS DE DAMNO VITANDO. 2. \nSee IN DAMNO VITANDO. \ndamnum (dam-n<lm), n. [Latin] (1828) A loss; damage \nsuffered. See AD DAMNUM. PI. damna. \ndamnum absque injuria (dam-n<lm ab-skwee in-joor\nee-<l). See DAMNUM SINE INJURIA. \ndamnum emergens (dam-n<lm i-mar-jenz). [Latin \n\"damage arising\"] Hist. An actual realized loss (such \nas a decline in the value of property) as opposed to \nan expected future loss (such as loss of profit); conse\nquentialloss. \n\"These kinds of damage are distinguished by the commen \ntators as damnum emergens and lucrum cessans, which \nmay be rendered 'positive damage' and 'loss of profit.' \nThe first may be immediate (e.g., my slave is killed or has \nlost an eye), or consequential (I have lost his services - I \nhave incurred medical expenses he was one of a troupe \nof singers and the whole troupe is less valuable in conse \nquence of his death or injury). Where there is no pecuniary \nloss there is no action. An action does not lie ... for striking \na slave if his value to me has not been depreciated by the \nblow nor for trespass to land unattended by damage.\" RW. \nLee, The Elements ofRoman Law 394 (4th ed. 1956). \ndamnum etinteresse (dam-n;lm et in-tar-es-ee). [Latin] \nScots law. The loss and damage sustained. \n\"Damnum et interesse .... -The loss and interest; or, as the \nwords may also be translated, damage, and its issues or \nconsequences. The words are used by Erskine in treating \nof the liability of cautioners who become bound to see a \nspecific act performed. Failing performance, the cautioners \nare liable to the creditors for the damnum et interesse \nthat is, the actual and consequential damage suffered \n\n450 damnum facientes \nthrough non-performance on the part of the debtor.\" John \nTrayner, Trayner's Latin Maxims 134 (4th ed. 1894). \ndamnumfacientes (darn-nam fay-shee-en-teez), n. See \nDAMAGE FEASANT. \ndamnumfatale (dam-nam fa-tay-lee). [Latin \"unavoid\nable damage\"] Roman law. Damage caused by an \nunavoidable circumstance, such as a storm or a ship\nwreck, for which bailees or others will not be held liable. \n But an exception was made for damages resulting \nfrom theft. \n\"The liability of innkeepers, carriers, and stable keepers, \nat Roman law, was provided for in the praetor's edict. \nThey were under an obligation to restore all goods which \nthe guests or passengers had with them, or left in their \ncharge, and they could not defend themselves by showing \nthe utmost degree of diligence. Unavoidable accident, \nwhich no human prudence would avert or provide against, \ndamnum fatale, or overwhelming force, vis maior, were, \nhowever, an adequate defense. .. It was particularly \nnoted that theft by a third person would not be permitted \nas a defense and the reason assigned was the fact that \ntravelers have scarcely any chance to protect themselves \nagainst collusion between the innkeeper and the thief.\" \nMax Radin, Handbook ofRoman Law 254 (1927). \ndamnum infectum (darn-nam in-fek-t<lm). [Latin \n\"damage not done\"] Roman law. Loss not yet suffered \nbut threatened or apprehended, as when a neighbor's \nbuilding is likely to collapse onto one's property. \ndamnum injuria datum (dam-nam in-joor-ee-<l day\ntarn). [Latin \"damage causing injury\"] Roman law. \nWillful or negligent damage to corporeal property; \ndamage for which compensation was given under the \nAquilian law, _ In this phrase, the word damnum refers \nto economic loss, not the physical damage (if any). See \nactio legiS Aquiliae under ACTIO. \ndamnum sine injuria (dam-n<lm sl-nee in-joor-ee-<'l \nor sin-ay). [Latin \"damage without wrongful act\"] \nLoss or harm that is incurred from something other \nthan a wrongful act and occasions no legal remedy. \nAn example is a loss from fair trade competition. \nAlso termed damnum absque injuria; absque injuria \ndamnum; absque injuria. Cf. INJURIA ABSQUE DAMNO. \n[Cases: Damages C=::'3.] \n\"There are cases in which the law will suffer a man know\ningly and wilfully to inflict harm upon another, and will \nnot hold him accountable for it. Harm of this descrip\ntion --mischief that is not wrongful because it does not \nfulfil even the material conditions of responsibility is \ncalled damnum sine injuria, the term injuria being here \nused in its true sense of an act contrary to law (in jus), not \nin its modern and corrupt sense of harm.\" John Salmond, \nJurisprudence 372-73 (Glanville L Williams ed., 10th ed. \n1947). \n'There are many forms of harm of which the law takes no \naccount. Damage so done and suffered is called damnum \nsine injuria, and the reasons for its permission by the law \nare various and not capable of exhaustive statement. For \nexample, the harm done may be caused by some person \nwho is merely exercising his own rights; as in the case of \nthe loss inflicted on individual traders by competition in \ntrade, or where the damage is done by a man acting under \nnecessity to prevent a greater evil.\" R.F.V. Heuston, Salmond \non the Law ofTorts 13 (17th ed. 1977). Dan (dan), n. [fr. Latin dominus] Archaic. In England, \nan honorable title for a man; the English equivalent to \nthe Spanish Don .  The term was replaced by the terms \nMaster, Mister, and Sir. \nD&O liability insurance. See directors' and officers' lia\nbility insurance under INSURANCE. \ndanelaw (dayn-law). Hist.1. A system ofrules, introduced \nby the Danes during their invasions ofEngland primar\nily in the ninth century and maintained principally in \nthe midland and eastern counties where the invasions \noccurred. Danelaw was the prevailing law in these \nregions from the reign of King Edgar to Edward the \nConfessor, who compiled a uniform law that included \nsome Danelaw components. 2. The counties in England \nwhere the Danish law was enforced primarily in the \nninth and tenth centuries Also termed danelage; lex \nDanorum; denelage. \n\"The Danish invasions of the ninth century subjected the \neastern parts of the island to new Scandinavian influences. \nWhere the Danes conquered, their 'Danelaw' prevailed. \nThe very word 'law' is believed to have been given to the \nEnglish language by the Danes.\" JH. Baker, An Introduction \nto English Legal History 3 (3d ed. 1990). \ndanger. (l3c) L Peril; exposure to harm, loss, pain, or \nother negative result. 2. A cause ofperil; a menace. \napparent danger. (I6c) 1. Obvious danger; real \ndanger, Also termed patent danger. 2. Criminal \nlaw. The perceived danger in one person's actions \ntoward another, as a result ofwhich it seems necessary \nfor the threatened person to use force in self-defense. \nSee SELF-DEFENSE. [Cases: Assault and Battery \n67; Homicide \ndeterrent danger. (1959) An obvious danger that an \noccupier ofland creates to discourage trespassers, \nsuch as a barbed-wire fence or spikes on the top of \na wall. \nimminent danger. (l6c) 1. An immediate, real threat \nto one's safety that justifies the use of force in self\ndefense. 2. Criminal law. The danger resulting from \nan immediate threatened injury sufficient to cause a \nreasonable and prudent person to defend himself or \nherself. [Cases: Assault and BatteryC=::'67; Homicide \nC=::'789.] \npatent danger. See apparent danger (1). \nretributive danger. A concealed danger that an occupier \nofland creates to injure trespassers . A retributive \ndanger is lawful only to the extent that it could be jus\ntified ifthe occupier had inflicted the injury person\nally or directly to the trespasser. Thus, a spring gun or \na land mine is an unlawful means of defending land \nagainst a trespasser. \nseeming danger. Danger that a reasonable person \nwould perceive to be real, even ifit is not. \nunavoidable danger. (16c) 1. Inescapable danger. 2. A \ndanger that is unpreventable, esp. by a person oper\nating a vesseL \ndanger-creation doctrine. (2000) The theory that ifa \nstate's affirmative conduct places a person in jeopardy, \n\n451 \nthen the state may be liable for the harm inflicted on \nthat person by a third party. -This is an exception to \nthe principle that the state is not liable for an \ninjury that a third party inflicts on a member of the \npublic. Also termed danger-creation exception. Cf. \nSPECIAL-RELATIONSHIP DOCTRINE. [Cases: States (;=:> \n112.2(1).] \ndangeria, n. Hist. Payment by forest tenants to the lord \nso that they can plow and sow in the same season as \npannage. See PANNAGE. \ndanger-invites-rescue doctrine. See RESCUE \nDOCTRINE. \ndanger ofnavigation. See PERIL OF THE SEA. \ndanger ofriver. See PERIL OF THE SEA. \ndanger ofthe sea. See PERIL OF THE SEA. \ndangerous, adj. (15c) 1. (Of a condition, situation, etc.) \nperilous; hazardous; unsafe <a dangerous intersec\ntion>. 2. (Of a person, an object, etc.) likely to cause \nserious bodily harm <a dangerous weapon> <a dan\ngerous criminal>. \nimminently dangerous. (1834) (Of a person, behavior, \nactivity, or thing) reasonably certain to place life and \nlimb in peril. _ This term is relevant in several legal \ncontexts. For example, ifa mental condition renders \na person imminently dangerous to self or others, he \nor she may be committed to a mental hospital. And \nthe imminently dangerous behavior of pointing \na gun at someone's head could subject the actor to \ncriminal and tort liability. Further, the manufacturer \nofan imminently dangerous product may be held to a \nstrict-liability standard in tort. [Cases: Mental Health \nProducts Liability (;=:>8,21.] \ninherently dangerous. (I887) (Of an activity or thing) \nrequiring special precautions at all times to avoid \ninjury; dangerous per se. See DANGEROUS INSTRU\nMENTALITY; INHERENTLY DANGEROUS ACTIVITY. \ndangerous animal. See ANIMAL. \ndangerous condition. See CONDITION (5). \ndangerous conduct. See unreasonably dangerous conduct \nunder CONDUCT. \ndangerous criminal. See CRIMINAL. \ndangerous drug. See DRUG. \ndangerous exposure. See EXPOSURE. \ndangerous instrumentality. (1857) An instrument, sub\nstance, or condition so inherently dangerous that it may \ncause serious bodily injury or death without human \nuse or interference. -It may serve as the basis for \nstrict liability. See ATTRACTIVE-NUISANCE DOCTRINE. \nCf. deadly weapon under WEAPON. [Cases: Negligence \n(.=305-307,1172-1178.] \ndangerous lunatic. See LUNATIC. \ndangerous occupation. See OCClJPATION. \ndangerous-propensity test. See DANGEROUS-TENDENCY \nTEST. darrein continuance \ndangerous-proximity test. (1973) Criminal law. A \ncommon-law test for the crime of attempt, fOCUSing \non whether the defendant is dangerously close to com\npleting the offense . Factors include the gravity ofthe \npotential crime, the apprehension of the victim, and the \nuncertainty of the crime's occurrence. See ATTEMPT (2). \n[Cases: Criminal Law (;=:>44.] \ndangerous situation. (1898) Under the last-clear-chance \ndoctrine"}
{"text": ";=:>44.] \ndangerous situation. (1898) Under the last-clear-chance \ndoctrine, the circumstance in which a plaintiff operat\ning a motor vehicle has reached a position (as on the \npath ofan oncoming train) that cannot be escaped by \nthe exercise ofordinary care. -Also termed situation \nofdanger. See LAST-CLEAR-CHANCE DOCTRINE. [Cases: \nAutomobiles \ndangerous-tendency test. (1938) A propensity of a \nperson or animal to inflict injury . The test is used, \nesp. in dog-bite cases, to determine whether an owner \nwill be held liable for injuries caused by the owner's \nanimal. Also termed dangerous-propensity test. \n[Cases: Animals C\"66.2, 66.5(2).] \ndangerous weapon. See WEAPON. \ndanger-utility test. See RISK-UTILITY TEST. \ndanism (dan-iz-am), n. [fr. Greek daneismos \"a loan\"] \nHist. The lending of money on usury. \nDarden hearing. (1979) Criminal procedure. An ex parte \nproceeding to determine whether disclosure of an infor\nmant's identity is pertinent to establishing probable \ncause when there is otherwise insufficient evidence \nto establish probable cause apart from the arresting \nofficer's testimony about an informant's communica\ntions. The defense attorney may be excluded from the \nhearing but can usu. submit questions to be used by the \njudge in the examination. People v. Darden, 313 N.E.2d \n49 (N.Y. 1974). [Cases: Criminal Law (;::::'-627.10.j \ndare (dair-ee), vb. [Latin \"to give\"] Roman law. 1. To give; \nto transfer (something, esp. property) . The transfer \ncan be made to discharge a debt, to create an obligation, \nor to make a gift. 2. To appOint a representative. \ndare ad remanentiam (dair-ee ad rem-a-nen-shee-am), \nvb. [Latin \"to give in fee or forever\"] To transfer (esp. a \nremainder) in fee or forever. \nDARPA. abbr. DEFENSE ADVANCED RESEARCH PROJECTS \nAGENCY. \ndarraign (d<l-rayn), vb. [fro Latin derationare; fro French \ndisrener] Hist. 1. To displace; to disarrange. 2. To \nrespond to an accusation; to settle a dispute. Also \nspelled deraign; dereyne. \ndarrein (dar-ayn), adj. [fro French dernier \"the last\"]1be \nlast, as in darrein presentment (\"the last presentment\"). \nSee DARREIN CONTINUANCE; assize ofdarrein present\nment under ASSIZE (8). \ndarrein continuance (dar-ayn kan-tin-yoo-<lnts), n. [fro \nFrench dernier continuance \"the last continuance\") \nHist. Every plea of a new matter after the last entry of \na plea on the record. _ Every entry of a pleading after \nthe first pleading on the record was called a continu\nance. Also spelled dareyne continuance. \n\ndarrein presentment (dar-ayn pri-zent-m;mt), n. See \nASSIZE OF DARREIN PRESENTMENT. \ndarrein seisin (dar-ayn see-zin), n. [French \"last seisin\"] \nHist. A tenant's plea in a writ of right. See SEISIN. \ndatabase. A compilation of information arranged in a \nsystematic way and offering a means offinding specific \nelements it contains, often today by electronic means. \n Unless the intormation itself is original, a database is \nnot protected by U.S. copyright law. Elsewhere, it may \nbe protected as a distinct class of\"literary works,\" or it \nmay be the subject ofsui generis intellectual-property \nlaws. See SWEAT-OF-THE-BROW DOCTRINE. [Cases: \nCopyrights and Intellectual Property (;:=> 12(3).] \nDatabase Directive. See DIRECTIVE ON THE LEGAL PRO\nTECTION OF DATABASES. \ndata protection. Any method of securing informa\ntion, esp. information stored on a computer, from \nbeing either physically lost or seen by an unauthor\nized person. \ndate. 1. The day when an event happened or will happen \n<date oftrial>. 2. A period oftime in general <at a later \ndate>. 3. An appointment at a specified time <no dates \nare available>. \nanswer date. See answer day under DAY. \nappearance date. See answer day under DAY. \ncutoffdate. A deadline; esp., in the sale of a note or \nother interest-paying asset, the last date on which \nthe seller is entitled to any interest due on the note \nor asset. \ndate ofbankruptcy. (1809) Bankruptcy. The date when \na court declares a person to be bankrupt; the date of \nbankruptcy adjudication . This date may coincide \nwith the voluntary-filing date. [Cases: Bankruptcy \n(;:=>2202.] \ndate ofcleavage. Bankruptcy. The filing date of a vol\nuntary-bankruptcy petition. _ With a few exceptions, \nonly the debts existing at this time are discharge\nable. \ndate ofinjury. (1831) Torts. The inception date of an \ninjury; the date of an accident causing an injury. \ndate ofinvention. Patents. For purposes of a patent \napplication, the date when the creation was reduced \nto practice . Ifthe invention has not been built, the \ndate of invention is the date when the patent applica\ntion is filed, since that is a constructive reduction to \npractice. [Cases: Patents C='90(5).] \ndate ofissue. 1. Commercial law. An arbitrary date \n(for notes, bonds, and other documents in a series) \nfixed as the beginning of the term for which they \nrun; the date that a stock or bond bears on its face, \nnot the date on which it is actually signed, delivered, \nor put into circulation. -When a bond is delivered \nto a purchaser, it is considered \"issued.\" But this \nconcept is distinguishable from the \"date of issue,\" \nwhich remains fixed, regardless of the date of sale or \ndelivery. 2. Insurance. The date specified in the policy \nas the date ofissue,\" not the date on which the policy is executed or delivered, and regardless ofother dates \nthat may be specified in the policy or elsewhere, such \nas the date that the policy is to \"take effect.\" [Cases: \nInsurance C=,3125.J \ndate ofmaturity. Commercial law. The date when a \ndebt falls due, such as a debt on a promissory note \nor bond. -Also termed maturity date. [Cases: Bills \nand Notes (;:=> 129.] \ndate ofrecord. See record date (1). \ndeclaration date. Corporations. The date when cor\nporate directors declare a dividend. Cf. DIVIDEND \nDATE; EX-DIVIDEND DATE. [Cases: Corporations \n155(4).] \ndividend date. See DIVIDEND DATE. \neffective filing date. Patents. The date that a patent \napplication is considered to have been filed . The \nactual filing date may be later, as for a continuing \napplication. But under the doctrine of continuity, \nthe child application is usu. entitled to the filing date \nof the parent application to prove priority. -Also \ntermed parent filing date. See DOCTRINE OF CONTINU\nITY. [Cases: Patents \nfiling date. 1. Generally, the date when any document is \ndelivered to the appropriate authority. 2. Patents. The \ndate when a patent application is filed . The filing \ndate closes the door on prior art; starts the clock on \nthe period of eligibility to file in other countries; sets \nthe priority date for public use, disclosure, or sale; and \n(absent other evidence) establishes the date of con\nstructive reduction to practice. [Cases: Patents (;:=> \n90(5).] 3. Trademarks. The date when a trademark \napplication is filed. [Cases: Trademarks (;:=> 1367.] \nmaturity date. See date ofmaturity. \nparentfiling date. See effective filing date. \npayable date. Corporations. The official date on which \nshareholder dividends or distributions become \npayable. Also termed record date. \npayment date. Corporations. The date on which stock \ndividends or interest checks are paid to sharehold\ners. \npriority date. Patents. The date that will determine \nwhich applicant will get a patent in an interference \nproceeding . The priority date is also the cut-off date \nfor prior art. In the Gnited States the priority date is \nthe date of invention; in the rest of the world it is the \ndate the patent application was filed. Cf. FIRST-TO\nFILE, FIRST-TO-INVENT. [Cases: Patents (;:=>90(1).] \nrecord date. Corporations. 1. The date on which a \nstockholder must own shares to be entitled to vote \nor receive a dividend. -Also termed date ofrecord. \nSee EX-DIVIDEND DATE. 2. See payable date. [Cases: \nCorporations (;:=> 155(2), 155(4), 194, 197.] \nsettlement date. Securities. 1. The date on which an \ninvestor must pay the broker for securities purchased. \n2. Ihe date on which a seller must deliver negotiable \ncertificates for securities sold. 3. The date on which \na real-estate purchaser pays for and takes title to the \n\n453 \nreal estate. Cf. CLOSING. Vendor and Pur\nchaserC=>74.] \nsubmission date. 1. The date that a case is to be sub\nmitted to a court for determination. 2. The date on \nwhich an investor must pay the broker for securities \npurchased. 3. The date on which a seller must deliver \nnegotiable certificates for securities sold. \ndate certain. A fixed or appointed day; a specified day, \nesp. a date fixed by an instrument such as a deed. Cf. \nTIME CERTAIN (1). Also termed (in French law) date \ncertaine (dat sair-tayn). \ndate of record. See record date under DATE. \ndate rape. See RAPE. \ndatio (day-shee-oh), n. [fro Latin dare \"to give\"] Roman \nlaw. 1. An act ofgiving, as in datio in solutum (\"giving \nin payment\"). 2. An appointment, as in datio tutoris \n(\"appointment ofa guardian\"). PI. dationes (day-shee\noh-neez). \ndatio in solutum (day-shee-oh in s<l-lly]oo-t<lm). Roman \nlaw. The discharging ofan obligation by the giving and \nacceptance ofsomething other than the thing due. \ndation (day-sh<ln), n. [fr. Latin dare \"to give\"] Civil law. \nA grant of something the recipient is actually entitled \nto, such as an office. \ndation en paiement (day-sh<ln in pay-m<lnt or da-syon \nahn pay-mon), n. [French \"a giving in payment\"] Civil \nlaw. l. An exchange ofsomething instead of money to \nsatisfy a debt. See ACCORD AND SATISFACTION. [Cases: \nAccord and Satisfaction 13.] 2. Louisiana law. \nA contract in which the obligor gives a thing to the \nobligee, who accepts it in payment of a debt. La. Civ. \nCode art. 2655. _ Dation en paiement requires court \napproval after petition and notice. 3. A method ofsat\nisfying a mortgage debt by transferring the mortgaged \nproperty when the mortgage exceeds the property's \nvalue and the mortgage~holder is willing to accept the \nproperty in satisfaction of the debt. [Cases: Mortgages \nC=>304.] \ndative (day-tiv), n. [fro French datif\"of giving\"]!. Roman \n& civil law. An appointment made by judicial or mag\nisterial authority; esp., something granted that is not \nprovided by law or a will. -In Scotland, an executor\ndative is a court-appointed executor. 2. Hist. Some\nthing that can be given or retracted at will, such as an \nappointment to a nonperpetual office. Also spelled \ndatif. \ndative curatorship. See dative tutorship under TUTOR\nSHIP. \ndative tutorship. See TUTORSHIP. \ndatum (day-t<lm), n. [fro Latin dare \"to give\"] 1. A piece \nof information. PI. data. 2. Hist. Something given or \nexecuted. 3. A date. \ndatus bonis (day-t<ls boh-nis). [Latin] Scots law. (Of a \nperson) appointed to manage an estate. \nDaubert hearing (dah-b<lrt or doh-behr). A hearing con\nducted by federal district courts, usu. before trial, to day \ndetermine whether proposed expert testimony meets \nthe federal requirements for relevance and reliability, \nas clarified by the Supreme Court in Daubert V. Merrell \nDow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786 (1993). \n[Cases: Criminal Law Cr~'472, 481, 486; Evidence C:::) \n508,546, \nDaubert test. (1993) Evidence. A method that federal \ndistrict courts use to determine whether expert testi\nmony is admissible under Federal Rule of Evidence 702, \nwhich generally requires that expert testimony consist \nofScientific, technical, or other specialized knowledge \nthat will assist the fact-finder in understanding the \nevidence or determining a fact in issue. -In its role \nas \"gatekeeper\" of the evidence, the trial court must \ndecide whether the proposed expert testimony meets \nthe requirements ofrelevance and reliability. The court \napplies the test outside the jury's presence, usu. during a \npretrial Daubert hearing. At the hearing, the proponent \nmust show that the expert's underlying reasoning or \nmethodology, and its application to the facts, are sci\nentifically valid. In ruling on admissibility, the court \nconsiders a flexible list offactors, including (1) whether \nthe theory can be or has been tested, (2) whether the \ntheory has been subjected to peer review or publica\ntion, (3) the theory's known or potential rate of error \nand whether there are standards that control its opera\ntion, and (4) the to"}
{"text": "3) the theory's known or potential rate of error \nand whether there are standards that control its opera\ntion, and (4) the to which the relevant scientific \ncommunity has accepted the theory. Daubert v. Merrell \nDow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786 (1993). \nSimilar scrutiny must be applied to nonscientific expert \ntestimony. Kumho Tire CO. V. Carmichael, 526 U.S. 137, \n119 S.Ct. 1167 (1999). Variations of the Daubert test \nare applied in the trial courts of most states. [Cases: \nCriminal Law C=>472, 481, 486; Evidence C=>508, 546, \n555.] \ndaughter. A parent's female child; a female child in a \nparent-child relationship. \ndaughter-in-law. The wife ofone's son. \nDavis-Bacon Act. A federal law originally enacted in \n1931 to regulate the minimum-wage rates payable to \nemployees of federal public-works projects. 40 USCA \n 276a. \nday. (bef. 12c) l. Any 24-hour period; the time it takes \nthe earth to revolve once on its axis <we have a day \nto prepare a mandamus petition>. [Cases: Time C=> \n8.] 2. The period between the and the setting of \nthe sun <day or night>. Also termed natural day. 3. \nSunlight <we can see it in the day>. 4. The period when \nthe sun is above the horizon, along with the period in \nthe early morning and late evening when a person's \nface is discernible. 5. Any specified time period, esp. as \ndistinguished from other periods <the good old days> \n<a day's work>. -Also termed (in senses 2-4) daytime. \nCf. NIGHT. \nadjournment day. 1. 'Ihe day on which an organiza\ntion, such as a court or legislature, adjourns. 2. Hist. \nA later day appointed by the judges at regular sittings \nat nisi prius to try an issue of fact not then ready for \ntrial. \n\nadjournment day in error. Hist. A day scheduled for \ncompletion ofmatters not finished on the affirmance \nday ofthe term. \naffirmance day general. Hist. In the Court of Exche\nquer, a day appointed after the beginning of every \nterm to affirm or reverse judgments. \nanswer day. (lS59) Civil procedure. The last day for a \ndefendant to file and serve a responsive pleading in \na lawsuit.  Under the Federal Rules of Civil Proce\ndure, a defendant generally must serve an answer (1) \nwithin 20 days after being served with the summons \nand complaint, or (2) if a defendant timely waives \nservice at the plaintiff's request, within 60 days after \nthe request for waiver was sent. Fed. R. Civ. P. 4(d), \n12(a). -Also termed answer date; appearance date; \nappearance day. \nartificial day. The period from the rising to the setting \nof the sun. -Also termed solar day; civil day; dies \nsolaris. \nastronomical day. See solar day (2). \nbanking day. See BANKING DAY. \nbusiness day. A day that most institutions are open for \nbusiness, usu. a day on which banks and major stock \nexchanges are open, excluding Saturdays, Sundays, \nand certain major holidays. \ncalendar day. A consecutive 24-hour day running from \nmidnight to midnight. -Also termed natural day. \n[Cases: Time C=>S.] \ncivil day. See artificial day. \nclear day. One ofmany full, consecutive days between \n(1) the date when a period, measured in days, begins \nand (2) the date when an event that ends the period \noccurs. For example, if a statute or contract requires \na party to give another party five clear days of notice \nofa hearing, and the hearing is scheduled to be held \non the 31st day ofthe month, the party giving notice \nmust do so by the 25th day of the month so that five \nfull (clear) days elapse between but not including the \n25th and 31st. [Cases: Time C=>S, 9(1).] \ncommon day. In England, an ordinary court day. \ncourt day. A day on which a particular court is open \nfor court business. See Fed. R. Civ. P. 6(a); Fed. R. \nCrim. P. 45(a). \nday ofdemurrage. Maritime law. A day beyond the \ndays allowed for loading or unloading cargo . A fine \nis usu. assessed for each day of delay. See DEMURRAGE. \nCf. LAYDAY. [Cases: Shipping C=> lS3.] \ndedication day. Hist. A day on which people from \nseveral villages gathered in one place to celebrate the \nfeast day of the saint and patron ofa church. \nentire day. An undivided day, rather than parts oftwo \nor more days aggregated to form a 24-hour period . \nAn entire day must have a legal, fixed, precise time \nto begin and end. A statute referring to an entire day \ncontemplates a 24-hour period beginning and ending \nat midnight. [Cases: Time C=>S.] ferial day (feer-ee-<:ll). Hist. 1. A day free from labor, \npleading, and service of process; a holiday. 2. A \nworking day, under a 1449 statute (27 Hen. 6, ch. 5). \njuridical day (juu-rid-i-k<:ll). (17c) A day on which legal \nproceedings can be held. -Also termed judicial day. \nCf. nonjudicial day; NONJURIDICAL. \nlaw day. See LAW DAY. \nlay day. See LAYDAY. \nlegislative day. A day that begins when a legislative \nbody reconvenes after a recess or adjournment, and \nends when the body next recesses or adjourns until a \ndifferent calendar day . A legislative day may extend \nover several calendar days. [Cases: States C=>32.] \nlove day. Hist. 1. A day when neighbors amicably \nsettled a dispute. 2. A day when one neighbor helped \nanother without payment. \nnatural day. 1. The 24-hour period from midnight to \nmidnight. -Also termed calendar day. [Cases: Time \nC=>S.] 2. The period between sunrise and sunset. \nAlso termed artificial day. \nnonjudicial day. (lSc) A day when courts do not sit or \nwhen legal proceedings cannot be conducted, such as \na Sunday or legal holiday. See LEGAL HOLIDAY; NON \nJURIDICUS. Cf. juridical day. [Cases: Time C=>S.] \nperemptory day. (16c) A day assigned for trial or \nhearing, without further opportunity for postpone\nment. \nquarter day. Hist. One offour days during a year that \nmoney owed (such as rent) was legally or customar\nily payable . In England and Wales the quarter days \nare Lady Day, March 25; Midsummer Day, June 24; \nMichaelmas Day, September 29; and Christmas Day, \nDecember 25. In Scotland the traditional quarter \nor term days are Candlemas, February 2; Whitsun\nday (or Whitsuntide), May 15; Lammas, August 1; \nand Martinmas, November 11. Scotland's statutory \nquarter or term days are the 2Sth of February, May, \nAugust, and November. Ifa document specifies a dif\nferent date for a quarter day, then the specified date \ncontrols. -Also termed (in Scots law) term day. \nreturn day. (17c) 1. A day on which a defendant must \nappear in court (as for an arraignment). 2. A day on \nwhich a defendant must file an answer. 3. A day on \nwhich a proof ofservice must be returned to court. \nAlso termed rule day. [Cases: Federal Civil Procedure \nC=>512; Process C=> 131.]4. A day on which a writ of \nexecution must be returned to court. [Cases: Execu\ntion C=> 333.] 5. A day specified by law for counting \nvotes in an election. -Also termed return date. \n[Cases: Elections C=> 126(7),241.] \nsolar day. 1. See artificial day. 2. The 24-hour period \nfrom noon to noon. -Also termed astronomical \nday. \nterm day. Scots law. See quarter day. \ndaybook. A merchant's original record of daily trans\nactions. \n\n455 \nday fine. See FINE (5). \nday in court. (16c) 1. The right and opportunity, in a \njudicial tribunal, to litigate a claim, seek relief, or \ndefend one's rights. 2. The right to be notified and given \nan opportunity to appear and to be heard when one's \ncase is called. \nday loan. See LOAN. \nday ofdemurrage. See DAY. \nday order. See ORDER (8). \nday rule. See DAY WRIT. \ndays in bank. Particular days set aside by the Court \nof Commbn Pleas for specific matters, including the \nappearance of parties and service of process. -Also \ntermed dies in banco. \n\"There are in each of these terms stated days called days \nin bank, dies in banco; that is, days of appearance in the \ncourt of common pleas. They are generally at the distance \nof about a week from each other, and regulated by some \nfestival of the church. On some one of these days in bank \nall original writs must be made returnable ....\" 3 William \nBlackstone, Commentaries on the Laws of England 277 \n(1768). \ndaysman (dayz-m;m). Hist. 1. An arbitrator; an elected \njudge; an umpire. 2. A day laborer. -Also spelled \ndeiesman. \ndays ofgrace. 1. GRACE PERIOD (1). 2. Int'llaw. A timed \nexemption from prize law that is granted to enemy \nmerchant ships when they are caught unawares by the \noutbreak ofwar. \ndaytime. 1. See DAY (2). 2. See DAY (3). 3. See DAY (4). \nday trading. See TRADING. \ndaywork. 1. Short-term employment that is intended to \nlast only for a day, or for a few days. 2. Hist. In England, \na measure ofland being the amount ofarable land that \ncan be plowed in a day. -Also termed daywere. \ndaywork drilling contract. Oil & gas. A contract under \nwhich the lease operator hires a drilling rig and oilfield \nworkers, pays an amount based on the time spent in \ndrilling operations, and retains the right to direct \ndrilling operations . This type of contract gives the \nlease operator broad control over the drilling contrac\ntor, so courts in turn impose broad liability on the lease \noperator for any damages that result from the drilling. \nCf. FOOTAGE DRILLING CONTRACT; TURNKEY DRILLING \nCONTRACT. \nday writ. English law. A Queen's Bench writ allowing \na prisoner to leave prison to conduct business (such \nas attending trial at the Court of Assizes), as long as \nthe prisoner returns by 9:00 p.m. -Also termed day \nrule. \nD.B. abbr. DOMESDAY BOOK. \nd/b/a. abbr. Doing business as . The abbreviation usu. \nprecedes a person's or business's assumed name <Paul \nSmith d/b/a Paul's Dry Cleaners>. It signals that the \nbusiness may be licensed or incorporated under a dif\nferent name. Cf. TRADENAME. \nd.b.e. abbr. DE BENE ESSE. Deadbeat Parents Punishment Act \nd.b.n. abbr. See administration de bonis non under \nADMINISTRATION. \nd.b.n.c.t.a. abbr. See administration de bonis non cum \ntestamento annexo under ADMINISTRATION. \nDBO. abbr. Death benefit only. See survivor's income \nbenefit plan under EMPLOYEE BENEFIT PLAN. \nD.C. abbr. 1. DISTRICT OF COLUMBIA. 2. See district court \n(1) under COURT. \nDCAA. abbr. DEFENSE CONTRACT AUDIT AGENCY. \nDCF. See discounted cash flow under CASH FLOW. \nDCMA. abbr. DEFENSE CONTRACT MANAGEMENT \nAGENCY. \nDDoS. abbr. DISTRIBUTED DENIAL-OF-SERVICE \nATTACK. \nDDP. abbr. 1. DELIVERED DUTY PAID. 2. DISCLOSURE \nDOCUMENT PROGRAM. \nDDU. abbr. DELIVERED DUTY UNPAID. \nde (da or duu). [French] Of; about. This is a French \npreposition often used to show the genitive case, as in \nbrefe de droit (\"writ ofright\"). \nde (dee or day). [Latin] Of; about; concerning; respecting; \nby; from; out of; affecting. This preposition is used \nin the titles ofEnglish statutes, oforiginal and judicial \nwrits, and of court proceedings. \ndeacon. Eccles. law. 1. In certain churches, a member \nof the clerical order who assists the priest in various \nduties, including the presentation of the sacrament. \n It is the third order below bishops and priests. A \ndeacon is not allowed to consecrate the Holy Commu\nnion or pronounce absolution but can perform most \nofthe other priestly duties. 2. An elected or appointed \nofficer of a church who assists a minister or priest in \nvarious duties. \ndead-and-buried company. See COMPANY. \ndead asset. See ASSET. \ndeadbeat. (1863) Slang. A person who does not pay \ndebts or financial obligations (such as child-support \npayments, fines, and legal judgments), usu. with the \nsuggestion that the person is also adept or experienced \nat evading creditors. \ndeadbeat dad. (1983) Slang. A father who has not paid \nor who is behind in making child-support payments. \n[Cases: Child Support C=>650, 653.] \ndeadbeat mom. (1987) Slang. 1. A mother who has \nnot paid or who is behind in making child-support \npayments. This term is used far less frequently than \neither deadbeat"}
{"text": "\nnot paid or who is behind in making child-support \npayments. This term is used far less frequently than \neither deadbeat dad or deadbeat parent, probably \nbecause nearly ten times as many men as women fail \nto support (or are ordered to support) their children \nfinancially after divorce. 2. An able-bodied mother \nwhose income is derived from welfare payments, not \nfrom gainful employment. [Cases: Child Support C=> \n650,653.] \nDeadbeat Parents Punishment Act. A 1998 federal \nstatute that makes it a felony, punishable by up to two \n\n456 deadborn \nyears in prison, for failure to pay child support if the \nobligor has crossed state lines in an attempt to avoid \npaying the support.  The Act provides felony penal\nties if(l) a person travels across state lines intending to \nevade a child-support obligation that is over $5,000 or \nthat has remained unpaid longer than one year, or (2) \na person willfully fails to pay support for a child living \nin a different state if that obligation is greater than \n$10,000 or ifit remains unpaid for more than two years. \nThe Act supersedes the Child Support Recovery Act \nof 1994. The greatest change in the new statute is the \nprovision regarding the obligor's crossing ofstate lines \nin an eff.ort to evade the support obligation. 42 USCA \n 228. -Abbr. DPPA. See CHILD SUPPORT RECOVERY \nACT OF 1994. [Cases; Child Support (>650, 653.] \ndeadborn. See STILLBORN. \ndead corporation. See dissolved corporation under COR\nPORATION. \ndead freight. See FREIGHT. \ndeadhand control. (1952) The convergence of various \nlegal doctrines that allow a decedent's control ofwealth \nto influence the conduct of a living beneficiary; esp., the \nuse of executory interests that vest at some indefinite \nand remote time in the future to restrict alienability \nand to ensure that property remains in the hands of a \nparticular family or organization . Examples include \nthe lawful use of conditional gifts, contingent future \ninterests, and the Claflin-trust principle. The rule \nagainst perpetuities restricts certain types ofdeadhand \ncontrol, which is sometimes referred to either as the \npower of the mortua manus (dead hand) or as trying \nto retain property in mortua manu. See RULE AGAINST \nPERPETUITIES. \ndead letter. 1. A law or practice that, although not \nformally abolished, is no longer used, observed, or \nenforced. 2. A of mail that can be neither deliv\nered nor returned because it lacks correct addresses \nfor both the intended recipient and the sender. [Cases: \nPostal Service \ndeadlock, n. 1. A state ofinaction resulting from oppo\nsition, a lack ofcompromise or resolution, or a failure \nof election. See tie vote under VOTE (2). 2. Corpora\ntions. The blocking ofcorporate action by one or more \nfactions of shareholders or directors who disagree \nabout a Significant aspect of corporate policy. [Cases: \nCorporations C=>553(5), 592.) -deadlock, vb. \ndeadlocked jury. See hungjury under JURY. \ndeadly force. See PORCE. \ndeadly weapon. See WEAPON. \ndeadly weapon per se. See WEAPON. \ndead man's part. Archaic. 1. !lrchaic. By custom in \ncertain places, the portion of a dead man's estate set \naside for mass services; later, that portion set aside as \npayment for the administrator . That portion ranged \nfrom one-third (if the deceased had a wife and children) \nto the entire estate (if the deceased had no wife or \nchildren). \"'If the deceased leaves a Widow and children, his sub \nstance ... is divided into three parts; one of which belongs \nto the Widow, another to the children, and the third to \nthe administrator: if only a widow, or only children, they \nshall respectively, in either case, take one moiety, and the \nadministrator the other: if neither widow nor child, the \nadministrator shall have the whole. And this portion, or \ndead man's part, the administrator was wont to apply to \nhis own use, till the statute Ijac. II. c. 17 declared that the \nsame should be subject to the statute of distributions.\" 2 \nWilliam Blackstone, Commentaries on the Laws ofEngland \n518 (1766). \n\"If a testator leaves neither Wife nor child, he can give away \nthe whole of his movable goods. If the testator leaves wife \nbut no child, or child but no wife, his goods must, after his \ndebts have been paid, be divided into two halves; one of \nthese can be disposed of by his will, it is 'the dead's part; \nthe other belongs to the widow, or (as the case may be) to \nthe child or children.\" 2 Frederick Pollock & Frederic William \nMaitland, History ofEnglish Law Before the Time ofEdward \n1349 (2d ed. 1899). \n2. Scots law. The part of the movable estate that may \nbe disposed of by will in any way the testator wishes; \nspecif., the of a dead man's personal estate not \nlegally reserved for his spouse or children and capable \nofbeing bequeathed by will or falling upon intestacy to \nhis next-of-kin. Also termed dead's part. \ndead man's statute. (1879) A law prohibiting the admis\nsion of a decedent's statement as evidence in certain \ncircumstances, as when an opposing party or witness \nseeks to use the statement to support a claim against the \ndecedent's estate. Also termed dead person's statute. \n[Cases; Witnesses 0='125.] \ndead marriage. See MARRIAGE (1). \nde admensuratione do tis (dee ad-men-s[y)uu-ray-shee\noh-nee doh-tis), n. [Law Latin \"of the admeasurement \nofdower\"] See admeasurement ofdower under ADMEA\nsUREMENT. \ndead person's statute. See DEAD MAN'S STATUTE. \ndead pledge. Archaic. See MORTGAGE (1). \ndead rent. A mining-lease payment, either in addition to \nor as part of the royalty, that must be made whether or \nnot the mine is working. The purpose ofthe provision \nis to secure the working of the mine. See delay rental \nunder RENTAL [Cases; Mines and Minerals 0=70.) \ndead-ship doctrine. Maritime law. The rule that admi\nralty law no longer applies to a ship when its purpose \nhas been so changed that it is no longer a vessel because \nit has no further naVigation function. [Cases; Admi\nralty \ndead's part. See DEAD MAN'S PART. \ndead stock. Goods that remain in inventorv because \nthere is no market for them. ' \ndead storage. The stowage of goods, esp. motor vehicles, \nfor a long time in a public storage area, as opposed to \nthe daily or regular stowage ofgoods in active use. Cf. \nLIVE STORAGE. [Cases; Insurance (;=.2278(13).] \ndead time. See TIME. \ndead use. A future use. \n\n457 \nde advisamento consilii nostri (dee ad-vl-z<l-men-toh \nk<ln-sil-ee-l nos-tn). [Law Latin] With or by the advice \nofour council.  This phrase was formerly used in writs \nofsummons to Parliament. \nde aequitate (dee ee-kw<l-tay-tee). [Latin] In equity. \nde aestimato (dee es-ti-may-toh). [Latin \"for the estima\ntion of something in money\"] Roman law. An action \navailable to an owner of goods against a person who \nreceived the goods but failed, after a certain period, to \neither pay the owner an agreed price after finding a pur\nchaser or return the goods to the owner . The transac\ntion, or aestimatum, was an innominate contract often \nused by traveling merchants or second-hand dealers \nwho, after purchasing items, could then resell them \nat higher prices or return them to the owner. Also \ntermed actio aestimatoria. \nde aetate probanda (dee ee-tay-tee proh-ban-d<l), n. [Law \nLatin \"of (about) proving age\"] Hist. A writ ordering the \nsheriff to summon a jury to determine whether an heir \nofa tenant holding an estate directly ofthe Crown was \nold enough to receive the estate. \ndeafforest. See DISAFFOREST. \ndeal, n. (15c) 1. An act of buying and selling; the purchase \nand exchange ofsomething for profit <a business deal>. \n2. An arrangement for mutual advantage <the witness \naccepted the prosecutor's deal to testify in exchange \nfor immunity>. 3. An indefinite quantity <a great deal \nof money>. \ndeal, vb. (bef. 12c) 1. To distribute (something) <to deal \ndrugs>. 2. To transact business with (a person or entity) \n<to deal with the competitor>. 3. To conspire with (a \nperson or entity) <to deal for the account>. \ndealer, n. (l7c) 1. A person who purchases goods or \nproperty for sale to others; a retailer. 2. A person or \nfirm that buys and sells securities for its own account \nas a principal, and then sells to a customer. See DEAL, \nn. & vb. \nbroker-dealer. See broker-dealer under BROKER. \nregistered dealer. A dealer registered or required to be \nregistered under the Securities Exchange Act of1934. \n[Cases: Securities Regulation C=:40.10-40.16.] \ndealer's talk. See PUFFING (1). \nde allocatione facienda (dee al-<l-kay-shee-oh-nee fay\nshee-en-d<l), n. [Law Latin \"for making allowance\"] \nHist. A writ directed to the treasurer and barons ofthe \nExchequer allowing certain officers (such as accoun\ntants and customs collectors) to have in their accounts \nthe funds necessary to make certain payments. \nde alode parentum (dee al-<l-dee p<l-ren-t<lm). [Law \nLatin] Hist. From freehold of one's parents. \n\"De alode parentum. lands descending by inheritance \nfrom parents were said to be so acquired, in contradistinc \ntion to lands held in feu ... and to those acquired by a \nsingular title. Subsequently the phrase acquired a more \ncomprehensive signification, as all lands were, in process \nof time, termed allodial, in which the holder had a right of \nabsolute property, without rendering any service therefor, \nor recognising any superior therein, and of which he had de apostata capiendo \nan unlimited power of disposal.\" John Trayner, Trayner's \nLatin Maxims 137 (4th ed. 1894). \nde alto et basso (dee al-toh et bas-oh), n. [Law Latin \"of \nhigh and low\"] Hist. The total submission ofall differ\nences -great or small -to arbitration. \nde ambitu (dee am-bi-tyoo). [Latin \"of going around\"] \nOfdevious methods ofsecuring a position, as through \nbribery. -Several Roman laws (such as the Lex Julia de \nAmbitu) dealt with these methods, such as prohibiting \nelectoral bribery. \nde ampliori gratia (dee am-plr-or-l gray-shee-<:l). [Latin] \nOf more abundant or more full grace. \ndean. 1. Eccles. law. An officer who leads a chapter, \nparish, or other subdivision of a diocese, usu. upon a \nbishop's request or appointment. \n\"A dean and chapter are the council of the bishop, to assist \nhim with their advice in affairs of religion, and also in the \ntemporal concerns of his see .... All ancient deans are \nelected by the chapter. by conge d'eslire from the king, and \nletters missive of recommendation; in the same manner \nas bishops: but in those chapters, that were founded by \nHenry VIII out of the spoils of the dissolved monasteries, \nthe deanery is donative .... The chapter, consisting of \ncanons or prebendaries, are sometimes appointed by the \nking, sometimes by the bishop, and sometimes elected by \neach other.\" 1 William Blackstone, Commentaries on the \nLaws ofEng/and 370-71 (1765). \n2. In a school, college, or university, the administra\ntive or academic head . In larger schools, there may \nbe several kinds of deans, such as a dean of admis\nsions and a dean ofstudent affairs. Within a university, \nthere may be deans ofspecific schools. [Cases: Colleges \nand Universities <>:)7.] 3. The head or commander ofa \ngroup of ten, such as ten soldiers or ten monks. \nde anna bissextili (dee an-oh bis-sek-stI-h), n. [Law \nLatin \"of the bissextile year\"] Hist. A law of III \nadvising the justices ofthe bench that in a case requir\ning something to be done within a year, the leap-year \nday and the day before should be counted as one day. \nde annua pensione (dee an-yoo-\" pen-shee-oh-nee), \nn. [Law Latin \"of annual pension\"] Hist. A royal writ \ndemanding payment from an abbey or prior, ofa yearly \npension for the king's chaplain named in the writ. \nde annuo reditu (dee an-yoo-oh red-Hyoo), n. [Law \nLatin \"for a yearly rent\"] Hist. A writ to recover an \nannuity payable in goods or money. \nDean ofGuild. Scot's law. In certain burghs, the head of \nthe Guild or Merchant Company, with jurisdiction in \nmaritime and mercantile disputes. \nDean ofGuild Court. Scots law. The court presided over \nby the Dean of Guild . In modern times the court \ndealt with municipal affairs, esp. building regulations. \nAll such courts were abolished in 1975. \nDean of the Arches. English law. The presiding judge of \nthe Court of Arches. See COURT OF ARCHES. \nde apostata capiendo (dee <l-pos-t<l-t<:l kap-ee-en-doh), "}
{"text": "\nde apostata capiendo (dee <l-pos-t<l-t<:l kap-ee-en-doh), \nn. [Law Latin \"of the taking of an apostate\"] Hist. A writ \nordering a sheriff to apprehend and return to a monas\nterya person who had entered the monastery, professed \n\nthe religious order, and then left and wandered around \nthe country. \nde arbitratione facto (dee ahr-bi-tray-shee-oh-nee fak\ntoh), n. [Law Latin \"of arbitration had\"] Rist. A writ \nstaying an action already settled by arbitration. \nde arrestandis bonis ne dissipentur (dee ar-~-stan-dis \nboh-nis nee dis-~-pen-t~r), n. [Law Latin \"of goods \narrested lest they be dispersed\"] Rist. A writ to seize \ngoods from a party to ensure that the goods do not \ndisappear while a lawsuit is pending. \nde arrestando ipsum qui pecuniam recepit (dee ar-~\nstan-doh ip-s~ kwr p~-kyoo-nee-~m ri-see-pit), n. [Law \nLatin \"for the apprehension ofone who took the king's \nmoney\"] Rist. A writ ordering the arrest of a person \nwho took the king's money for war service, and then \nhid to keep from serving. \nde asportatis religiosorum (dee as-por-tay-tis ri-lij-ee\noh-sor-~m), n. [Law Latin \"concerning the property \nof religious persons carried away\"] Rist. A statute of \nEdward I passed to curb alienation of clerical posses\nsions, including the removal of those possessions to \nforeign countries. \nde assisa proroganda (dee J-SI-Z~ proh-r~-gan-dJ), n. \n[Law Latin \"of the proroguing of an assize\"] Rist. A \nwrit ordering justices to postpone an assize because a \nparty is busy in the Crown's service. \ndeath. (bef. 12c) The ending of life; the cessation of all \nvital functions and signs. -Also termed decease; \ndemise. \naccidental death. A death that results from an unusual \nevent, one that was not voluntary, intended, expected, \nor foreseeable. Also termed death by misadven\nture. \nbrain death. (1964) The bodily condition of showing \nno response to external stimuli, no spontane\nous movements, no breathing, no reflexes, and a \nflat reading (usu. for a full day) on a machine that \nmeasures the brain's electrical activity . In 1971, \nKansas became the first state to enact a statutory \ndefinition of the term. Before that, heart transplants \nraised the question ofwhen -and whether -death \nhad occurred. Early cases dealing with this problem \ninclude a tort case (wrongful death), Tucker v. Lower, \nNo. 2831 (Richmond, Va., L. & Eq. Ct., May 23,1972) \n(jury accepted the defendants' definition of brain \ndeath); a criminal case (vehicular homicide), People \nv. Flores, No. 20190 (Sonoma Co. Mun. Ct. Dec. 19, \n1973), No. N746-C (Sonoma Co. Super. Ct. July 23, \n1974) (defendant acquitted because no statute defined \nbrain death); and a criminal case (murder), People v. \nLyons, IS Crim. L. Rep. 2240, No. 56072 (Alameda Co. \nSuper. Ct. May 21, 1974) (court accepted prosecutor's \ndefinition of brain death and convicted defendant). \n[Cases: Death ~1.] -Also termed legal death. \ncivil death. \t1. Archaic. At common law, the loss of \nrights such as the rights to vote, make contracts, \ninherit, and sue -by a person who has been outlawed \nor convicted ofa serious crime, or who is considered to have left the temporal world for the spiritual by \nentering a monastery. Cf. DE CATALLIS FELONUM. \nConvicts ~1.] \n\"In one large department of law the fiction [civil deathl is \nelegantly maintained. A monk or nun can not acquire or \nhave any proprietary rights. When a man becomes 'pro \nfessed in religion,' his heir at once inherits from him any \nland that he has, and, if he has made a will, it takes effect \nat once as though he were naturally dead.\" 1 Frederick \nPollock & Frederic W. Maitland, History ofEnglish Law 434 \n(2d ed. 1898), \n\"Civil death arises from outlawry; it seems doubtful \nwhether there are any other circumstances to which the \nphrase is now applicable.\" William R. Anson, Principles of \nthe Law of Contract 193 n.(b) (Arthur L. Corbin ed\" 3d \nAm, ed. 1919), \n2. In some states, the loss of rights -such as the \nrights to vote and hold public office by a person \nserving a life sentence. Cf. civil disability under DIS\nABILITY (3). [Cases: Officers and Public Employees \n3. The state of a corporation that has formally \ndissolved or become bankrupt, leaving an estate to \nbe administered for the benefit of shareholders and \ncreditors. Also termed (in senses 2 & 3) legal death. \n[Cases: Corporations ~617(1).] \ncompensable death. Workers' compensation. A death \nthat, because it occurred in the course of employment, \nentitles the employee's heirs to compensation. [Cases: \nWorkers' Compensation C=',408-51O.J \ndeath by one's own hand. See S'GICIDE (1). \nimmediate death. (16c) 1. See instantaneous death. 2. \nA death occurring within a short time after an injury \nor seizure, but not instantaneously. \n\"A distinction has been made between 'instantaneous' \nand 'immediate' death .... As an example of 'immedi \nate' rather than 'instantaneous' death the situation in \nwhich a blow on the head produces unconsciousness and \nrenders the victim incapable of intelligent thought, speech, \nor action for several minutes until he dies.\" 22AAm.Jur. 2d \nDeath  43. at 159 (1988). \ninstantaneous death. (lSc) Death occurring in an \ninstant or within an extremely short time after an \ninjury or seizure. -It is a factor in determining an \naward of damages for the victim's pain and suffer\ning. Sometimes also termed immediate death. \n\"Although the possibility of a death that is truly simultane \nous with the injury that caused it has been denied, it has \nbeen pointed out that death may be so contemporaneous \nwith the fatal injury as to be instantaneous in the sense that \nthere could be no recovery for the victim's pain and suffer\ning. Ordinarily, death is not regarded as instantaneous if \nan appreciable length of time elapsed between the injury \nand the death. Indeed, even where the injury causing the \ndeath is necessarily fatal and death results therefrom in \na few moments, it has been held that although it would \ncommonly be called an instantaneous death, still if the \ninjured person survives the injury for a brief period, it may \nnot be said that the death is instantaneous .... In such \ncase it is immaterial that the period of time between the \ninjury and death is short.\" 22A Am. Jur. 2d Death  43, at \n158 (1988). \nlegal death. 1. See brain death. 2. See civil death (2). 3. \nSee civil death (3). \n\n459 \nnatural death. (l5c) L Bodily death, as opposed to civil \ndeath. 2. Death from causes other than accident or \nviolence; death from natural causes. -Also termed \nmars naturalis. See ~ATURAL-DEATH ACT. Cf. violent \ndeath. \npresumptive death. (1856) Death inferred from proof \nof the person's long, unexplained absence, usu. after \nseven years. See ENOCH ARDEN LAW. [Cases: Death \nC=::o 1, 2.] \nsimultaneous death. (1878) The death of two or more \npersons in the same mishap, under circumstances \nthat make it impossible to determine who died first. \nSee UNIFORM SIMULTANEOUS DEATH ACT; COMMON \nDISASTER; COMMORIENTES. \nviolent death. (l6c) Death accelerated by human inter\nvention and resulting from a sharp blow, explosion, \ngunfire, or the like. Cf. natural death. \ndeath, contemplation of. See CONTEMPLATION OF \nDEATH. \ndeath action. See WRONGFUL-DEATH ACTION. \ndeathbed declaration. See dying declaration under DEC\ntARATION (6). \ndeathbed deed. See DEED. \ndeath benefit. See BENEFIT. \ndeath-benefit-only plan. See survivor's income benefit \nplan under EMPLOYEE BENEFIT PLAN. \ndeath by misadventure. 1. See ACCIDENTAL KILLING. \n2. See accidental death under DEATH. 3. Archaic. A \ndefense to a murder charge on the ground that the \ndefendant lacked the requisite mental state for murder. \n-The defense was abolished as redundant because the \nprosecution had to prove state of mind anyway as an \nessential element of murder. \ndeath by one's own hand. See SUICIDE (1). \ndeath case. (1907) 1. A criminal case in which the death \npenalty may be or has been imposed. 2. WRONGFUL\nDEATH ACTION. \ndeath certificate. (1888) An official document issued by \na public registry verifying that a person has died, with \ninformation such as the date and time of death, the \ncause of death, and the signature of the attending or \nexamining physician. [Cases: Health C=::o398.] \ndeath-damage statute. Archaic. See WRONGFUL-DEATH \nSTATUTE. \ndeath duty. 1. See DUTY (4). 2. See estate tax under TAX. \ndeath-knell doctrine. (1972) A rule allowing an inter\nlocutory appeal if precluding an appeal until final \njudgment would moot the issue on appeal and irrep\narably injure the appellant's rights. -Once recog\nnized as an exception to the final-judgment rule, the \ndoctrine was limited by the U.S. Supreme Court in \nCoopers & Lybrand v. Livesay, 437 U.S. 463, 98 S.Ct. \n2454 (1978). There, the Court held that the death-knell \ndoctrine does not permit an immediate appeal of an \norder denying class certification. But the doctrine still \napplies in some contexts. For example, the doctrine de averiis captis in withernamium \nallows an immediate appeal of the denial of a tem\nporary restraining order when the lack of an appeal \nwould leave nothing to be considered in the trial court. \nWoratzeck v. Arizona Rd. ofExecutive Clemency, 117 \nF.3d 400 (9th Cir. 1997). -Also termed death-knell \nexception. Cf. FINAL-JUDGMENT RULE. [Cases: Appeal \nand Error (;;:::>68,73(2); Federal Courts (;::;572.1.] \nDeath on the High Seas Act. A federal law, enacted in \n1920, permitting a wrongful-death action to be filed \nin U.S. district court for a death occurring on the \nhigh seas. 46 USCA app.  761-67. Abbr. DOHSA. \n[Cases: Death (;~~7, 13.] \ndeath penalty. (1848) 1. CAPITAL PUNISHMENT. 2. A \npenalty that makes a person or entity ineligible to par\nticipate in an activity that the person or entity \nously participated in. -The penalty is usu. imposed \nbecause ofsome type ofgross misconduct. 3. See death\npenalty sanction under SANCTION. \ndeath-penalty sanction. See SANCTION. \ndeath-qualified jury. See JURY. \ndeath row. (1950) The area ofa prison where those who \nhave been sentenced to death are confined. \ndeath sentence. See SENTENCE. \ndeathsman. An executioner; a hangman. \ndeath-spiral deal. A convertible security for which the \nconversion price depends on the market price less a \npercentage discount on the date of conversion. Also \ntermed toxic convert. \ndeath statute. (1910) A law that protects the interests \nof a decedent's family and other dependents, who \nmay recover in damages what they would reasonably \nhave received from the decedent if the death had not \noccurred. Cf. SURVIVAL STATUTE. [Cases: Death \n7,10.] \ndeath tax. l. See estate tax under TAX. 2. See inheritance \ntax under TAX. \ndeath trap. (1835) 1. A structure or situation involVing \nan imminent risk ofdeath. 2. A situation that, although \nseemingly safe, is actually quite dangerous. \ndeath warrant. See WARRANT (1). \nde attornato recipiendo (dee a-tor-nay-toh ri-sip-ee-en\ndoh), n. [Law Latin \"of receipt ofan attorney\"] Hist. A \nwrit requiring a court to receive and admit an attorney \nfor a party. \nde audiendo et terminando (dee aw-dee-end-doh et \ntar-mi-nan-doh), n. [Law Latin \"for hearing and deter\nmining\"] Hist. A writ or commission directing certain \njustices to hear and resolve particular cases resulting \nfrom a riot, including those involving heinous misde\nmeanors, breaches ofthe peace, and trespass. Cf. COM\nMISSION OF OYER AND TERMINER. \nde averiis cap tis in withernamium (dee <'l-veer-ee-is \nkap-tis in with-<'lr-nay-mee-<'lm), n. [Law Latin \"for \ntaking cattle in withernam\"] Hist. A writ directing a \nsheriff to detain a defendant's cattle because the defen\ndant had unlawfully taken the plaintiff's cattle out of \n\n460 de averiis replegiandis \nthe county. -The defendant's cattle would be detained "}
{"text": "of \n\n460 de averiis replegiandis \nthe county. -The defendant's cattle would be detained \nuntil the sheriff could replevy the plaintiff's cattle. \nde averiis replegiandis (dee a-veer-ee-is ri-plee-jee\nan-dis), n. [Law Latin \"of replevying beasts\") Hist. A \nwrit ordering a sheriff to replevy someone's beasts or \nchattels that had been unlawfully taken and detained. \n-This is the old writ of replevin. \nde banco (dee or dd bang-koh). [Law Latin] Ofthe bench. \n-In England, the term applied to justices of the Court \nofCommon Pleas. \ndebarment, n. The act of precluding someone from \nhaving Qr doing something; exclusion or hindrance. \ndebar, vb. \ndebasement. (l7c) 1. The act of reducing the value, \nquality, or purity of something; esp., the act oflowering \nthe value of coins by either reducing the weight of \ngold and silver in the coins or increasing the coins' \nalloy amounts. 2. Degradation. 3. The state of being \ndegraded. \ndebate. Parliamentary law. Formal consideration of a \nmotion's merits in the form of speeches for, against, or \notherwise addressing the motion. See CONSIDERATION \n(2). debatable, adj. -debatability, n. \ncontrolled debate. Debate in which designated \nmanagers, usu. a partisan leader, lead each side and \nallot time for speeches. -Also termed controlled \ntime. \nextended debate. Debate that continues beyond an oth\nerwise applicable limit. See EXTEND DEBATE. \nfloor debate. (1884) The legislative process ofdebating \na proposed bill before an entire chamber rather than \nbefore a committee. [Cases: States (;'::::,32.] \nlimited debate. Debate with restrictions. See LIMIT \nDEBATE. \npro-con debate. A debate that adheres to the parlia\nmentary principle that speeches should alternate \nbetween opposing viewpoints. -Sometimes those \nseeking the floor on one side outnumber those on \nthe other side, in which case the chair may allow two \n(or more) speeches in a row on the same side of the \nquestion. \ndebate agenda. See debate calendar under CALENDAR \n(4). \ndebate calendar. See CALENDAR (4). \ndebauch (di-bawch), vb. 1. Archaic. To draw (a person) \naway from duty; to lead (a person) astray. 2. To corrupt \n(a person) with lewdness; to seduce (someone). 3. To \nmar or spoil (a person or thing). \ndebauchery (di-bawch-<l-ree), n. Excessive indulgence \nin sensual pleasures; sexual immorality or excesses. \ndebauch, vb. \ndebellatio (deb-a-Iay-shee-oh). [Latin] Int'llaw. A means \nof ending a war and acquiring territory when one of \nthe belligerent countries has been so soundly defeated \nthat its adversary is able to decide alone the fate of the defeated country's territory; conquest followed by \nannexation. -Also termed subjugation. \n\"[There are] three possible alternative meanings of debel\niatio in international law. The first is that debellatio denotes \nthe change wrought by the conquest and total subjuga\ntion of a State together with that State's annexation by the \nconqueror. The second view is that debellatio corresponds \nto the total defeat of an enemy State, its occupation, and \nthe elimination of a vital component of Statehood; in this \nview, debellatio implies the extinction of the old State, but \nit leaves open the legal future of the occupied territory \n(annexation or the founding of one or more new States). \nThe third view is that debellatio only describes a factual sit\nuation and that even the elimination of all the State organs \ncombined with the occupation of the territory does not \nexclude the continuing existence of that State. It is mainly \nthe second and the third meanings of debeflatiowhich have \nbeen advocated for the situation of Germany since the end \nof World War II.\" Karl-Ulrich Meyn, \"Debellatio,\" in I Encyclo\npedia ofPublic International Law 166 (1992). \nde bene esse (dee bee-nee es-ee also day ben-ay es-ay), \nadv. [Law Latin \"of well-being\"] (l7e) As conditionally \nallowed for the present; in anticipation ofa future need \n<Willis's deposition was taken de bene esse>. [Cases: \nPretrial Procedure G~.>63.] -Abbr. d.b.e. de bene \nesse, adj. \ndebenture (di-ben-chdr). [ff. L. debentur \"there are \nowed\"] (15c) 1. A debt secured only by the debtor's \nearning power, not by a lien on any specific asset . \nOriginally, this was the first word of a deed detailing \nsums acknowledged to be owed. 2. An instrument \nacknowledging such a debt. 3. A bond that is backed \nonly by the general credit and financial reputation of \nthe corporate issuer, not by a lien on corporate assets. \nAlso termed debenture bond; unsecured bond; naked \ndebenture; plain bond. Cf. BOND (3). Corpora\ntions \n\"The word 'debenture' in its archaic sense was applied to \na form given under seal as an acknowledgment for goods \nsupplied to the Royal Household, and as such probably \nmeant a charge on Public Funds. The term was further \napplied to drawback certificates issued for repayment, on \nthe exportation of goods, of duty which had already been \npaid upon them, and this term is still so used by H.M. \nCustoms.... The word is now, however, generally used to \nindicate an acknowledgment of indebtedness given under \nseal by an incorporated company, containing a charge on \nassets of the company, and carrying an agreed rate of \ninterest until payment, but the variety of the forms which \na debenture may take makes it difficult to find a good \ngeneral definition in any reported case.\" Thomas Froude \n& Eric V.E. White, The Practice Relating to Debentures I \n(1935). \nconvertible debenture. (1908) A debenture that \nthe holder may change or convert into some other \nsecurity, such as stock. [Cases: Corporations \nconvertible subordinated debenture. (1961) A deben\nture that is subordinate to another debt but can be \nconverted into a different security. \nsinking-fund debenture. (1893) A debenture that is \nsecured by periodic payments into a fund established \nto retire long-term debt. \n\n461 \nsubordinate debenture. (1929) A debenture that is \nsubject to the prior payment of ordinary debentures \nand other indebtedness. \n4. English law. A company's security for a monetary \nloan. The security usu. creates a charge on company \nstock or property. 5. A customhouse certificate provid\ning for a refund ofthe duties on imported goods when \nthe importer reexports the goods rather than selling \nthem in the country where they were imported. \ndebenture bond. See DEBENTURE (3). \ndebenture indenture. See INDENTURE. \ndebenture stock. 1. Stock that is issued under a contract \nproviding for periodic, fixed payments. [Cases: Cor\nporations C=:->470.) 2. English law. A type ofbond rep\nresenting money borrowed by a company using its \nproperty or other fixed assets as security. \ndebet et detinet (dee-bet or deb-et et det-i-net or det\n<J-n;}t). [Law Latin) Hist. He owes and detains . 'This \nphrase was used in declarations in actions for debt \nwhen the original creditor sued the original debtor. \nThe declaration stated that the defendant \"owes to\" as \nwell as \"detains from\" the plaintiff the debt or thing in \nquestion; thus, the action was said to be \"in the debet et \ndetinet.\" But ifthe action was brought against someone \nother than the original debtor (such as an executor, for \na debt due from the testator), then the action was said \nto be \"in the detinet alone.\" Cf. DETINET. \ndebet sine breve (dee-bet or deb-et sl-nee breev or bree\nvee), n. [Law Latin\" debt without a writ\"] 1. An action \nfor debt commenced under a bill rather than a writ. 2. \nA debt confessed by judgment. -Abbr. d.s.b. Also \ntermed debitum sine breve; debit sans breve. See CON\nFESSION OF JUDGMENT. \nde bien et de mal (dd byen ay d.:l mal). [Law French]. See \nDE BONO ET MALO (I). \nde biens Ie mort (d<J beenz 1<J mor[t]). [Law French] Hist. \nOf the goods ofthe deceased. \nde bigamis (dee big-.:l-mis), n. [Law Latin \"concerning \nmen twice married\"] Hist. The statute of4 Edw. I. st. 3, \nso called from the opening words ofthe fifth chapter. \nSee BIGAMUS. \ndebit. (ISc) 1. A sum charged as due or owing. 2. In \nbookkeeping, an entry made on the left side ofa ledger \nor account, noting an increase in assets or a decrease in \nliabilities. 3. An account balance showing that some\nthing remains due to the holder of the account. Cf. \nCREDIT (6). \ndebita fundi (deb-i-t.:lm bn-dI). [Law Latin] Scots law. \nDebts attaching to the soil; debts affecting the land. \ndebita laicorum (deb-i-t.:l laY-d-kor-.:lm), n. [Law Latin \n\"debts oflaity\"] Hist. The debts recoverable in civil \ncourts. \ndebit card. A card used to pay for purchases by elec\ntronic transfer from the purchaser's bank account. Cf. \nCREDIT CARD. de bonis non administratis \ndebiti et crediti contributio (deb-HI et kred-HI kOIl\ntri-byoo-shee-oh). [Law Latin] Civil law. A balancing \nofdebit and credit.  The phrase appeared in reference \nto setoff. \ndebitor (deb-i-tor), n. Roman law. Someone who has a \nlegal obligation to someone else. Cf. CREDITOR (1). PI. \ndebitores. \ndebito rem locupletem esse (deb-i-tor-;}m lok-yoo-plee\nt<Jm es-ee). [Latin] Hist. That the debtor is solvent.  In \nassigning a debt, a creditor might sometimes warrant \nthat the debtor had the money to pay it. \ndebitor non praesumitur donare (deb-i-tor non pri\nzyoo-mi-tur doh-nair-ee), n. [Law Latin \"a debtor is not \npresumed to make a gift\") His!. The presumption that \nany payment from a debtor is intended to satisfy the \ndebt, unless the disposition dearly shows the debtor's \nintent to make a donation. \ndebito tempore (deb-i-toh tem-p<J-ree). [Latin] Hist. In \ndue time. \ndebitrix (deb-d-triks), n. [Latin) Archaic. Civil law. A \nfemale debtor. \ndebit sans breve. See DEBET SINE BREVE. \ndebitum (deb-i-t;}m), n. [Latin \"a debt\"] Roman law. \nMoney or other thing that is actually owed, where there \nis both a duty and liability to repay; an actionable debt. \nCf. INDEBITUM. \ndebitum fructuum (deb-i-t<Jm frak-choo-dm). [Law \nLatin] Hist. A debt upon the fruits; that is, a debt from \nthe fruit ofthe land, not from the land itself. Tithes, \nfor example, were usu. payable debitum fructuum. \ndebitum in diem (deb-i-t<Jm in dI-dm). [Latin \"a debt \nto a date\"] Hist. A debt payable at a future date . The \nphrase appeared in reference to a debt that is due but \nfor which the time for payment had not yet arrived. See \nUBI DIES CESSIT, LICET NONDUM VENERIT. \ndebitum in praesenti solvendum in futuro (deb- i-t.:lm in \npri-zen-tI sol-ven-d.:lm in fyoo-t[y]oor-oh). [Latin] A \npresent debt (or obligation) to be paid at a future time; \na debt or obligation complete when contracted, but of \nwhich the performance cannot be required until some \nfuture period. \ndebitum reale (deb-i-t<Jm ree-ay-Iee). [Law Latin] Hist. \nA real debt; a debt on land, as distinguished from a \npersonal obligation. \ndebitum sine breve. See DEBET SINE BREVE. \ndebitum subesse (deb-i-t;}m s.:lb-es-ee). [Latin) Hist. That \nthe debt is due. \nde bonis asportatis (dee boh-nis as-pdr-tay-tis). See \ntrespass de bonis asportatis under TRESPASS. \nde bonis non (dee boh-nis non). See administration de \nbonis non under ADMINISTRATION. \nde bonis non administratis (dee boh-nis non ad-min\n<J-stray-tis). [Law Latin] Hist. Ofthe goods not admin\nistered . When the first administrator of an intestate \nestate dies or is removed, the second administrator is \n\ncalled an administrator bonis non, who administers the \ngoods not administered by the previous executor. \nde bonis non amovendis (dee boh-nis non ay-moh-ven\ndis), n. [Latin \"of goods not to be moved\"] Hist. A writ \ndirecting the sheriffs of London to make sure that a \ndefendant's goods are not removed while the defen\ndant's writ oferror on a judgment is pending. \nde bonis propriis (dee boh-nis proh-pree-is), n. [Law \nLatin \"of his own goods\"] Hist. A judgment allowing \nexecution on an administrator's individual property \nrather than the property of an estate, as when the \nadministrator mismanages the estate. Cf. DE BONIS \nTESTATORIS. \nde bonis testatoris (dee boh-nis tes-t.:l-tor-is), n"}
{"text": "TESTATORIS. \nde bonis testatoris (dee boh-nis tes-t.:l-tor-is), n. [Law \nLatin \"of the goods of the testator\"J Hist. A judgment \nawarding execution on a testator's property, rather \nthan the individual property of an administrator. Cf. \nDE BONIS PROPRIIS. \nde bonis testatoris ac si (dee boh-nls tes-t.:l-tor-is ak sIlo \n[Law Latin \"from the goods of the testator if he has \nany, and if not, from those of the executor\"]. Hist. A \njudgment holding an executor responsible if the testa\ntor's estate is insufficient or if the executor falsifies a \npleading as a release. \nde bonne memoire (d.:l bawn mem-wahr). [Law French] \nOf sound mind; of good memory. Also spelled \nde bone memorie. See MIND A:srD MEMORY; COMPOS \nMENTIS. \nde bono et malo (dee boh-noh et mal-oh), n. [Law Latin \n\"for good and evil\"] Hist. 1. For good and evil. A \ncriminal defendant indicated full submission to the \njury's verdict by placing himself or herself at the jury's \nmercy de bono et malo. Also termed de bien et de mal. \n2. A special writ ofjail delivery issued by the justices of \nassize to enable them to try all criminal defendants who \nwere in jail where the court traveled. Formerly, the \njudges were required to issue a separate writ for every \nprisoner. This was replaced by a general commission \nofjail delivery. \n\"[Tjhey have ... a commission of general gaol delivery; \nwhich empowers them to try and deliver every prisoner, \nwho shall be in the gaol when the judges arrive at the circuit \ntown, whenever indicted, or for whatever crime committed. \nIt was anciently the course to issue special writs of gaol \ndelivery for each particular prisoner, which were called the \nwrits de bono et malo: but, these being found inconvenient \nand oppressive, a general commission for all the prisoners \nhas long been established in their stead. So that, one way \nor other, the gaols are cleared, and all offenders tried, \npunished, or delivered, twice in every year: a constitution \nof singular use and excellence.\" 4 William Blackstone, Com \nmentaries on the Laws ofEngland 267 (1769). \nde bono gestu (dee boh-noh jes-t[y]ool. [Law Latin] For \ngood behavior. \ndebt. (13c) 1. Liability on a claim; a specific sum of money \ndue by agreement or otherwise <the debt amounted to \n$2,500>. 2. The aggregate ofall existing claims against \na person, entity, or state <the bank denied the loan \napplication after analyzing the applicant's outstand\ndebt>. 3. A nonmonetary thing that one person owes another, such as goods or services <her debt was \nto supply him with 20 international first-class tickets \non the airline ofhis choice>. 4. A common-law writ by \nwhich a court adjudicates claims involving fixed sums \nofmoney <he brought suit in debt>. Also termed (in \nsense 4) writ ofdebt. [Cases: Debt, Action \n'The action of debt lies where a party claims the recovery \nof a debt; that is, a liquidated or certain sum of money due \nhim. The action is based upon contract, but the contract \nmay be implied, either in fact or in law, as well as express; \nand it may be either a simple contract or a specialty. The \nmost common instances of its use are for debts: (a) Upon \nunilateral contracts express or implied in fact. (b) Upon \nquasi-contractual obligations having the force and effect \nof simple contracts. (c) Upon bonds and covenants under \nseal. (d) Upon judgments or obligations of record. (e) Upon \nobligations imposed by statute.\" Benjamin j. Shipman, \nHandbook of Common-Law Pleading  52, at 132 (Henry \nWinthrop Ballantine ed., 3d ed. 1923). \nactive debt. Civil law. A debt due to another person. \nancestral debt. An ancestor's debt that an heir can be \ncompelled to pay. \nantecedent debt. 1. Contracts. An old debt that may \nserve as consideration for a new promise ifthe statute \noflimitations has run on the old debt. See PREEXIST\nING-DUTY RULE. [Cases: Contracts <8=>67.J 2. Bank\nruptcy. A debtor's prepetition obligation that existed \nbefore a debtor's transfer of an interest in property. \n For a transfer to be preferential, it must be for or \non account of an antecedent debt. See PREFERENTIAL \nTRANSFER. [Cases: Bankruptcy \nbad debt. A debt that is uncollectible and that may be \ndeductible for tax purposes. [Cases: Jnternal Revenue \nbonded debt. A debt secured by a bond; a business or \ngovernment debt represented by issued bonds. \ncommunity debt. A debt that is chargeable to the \ncommunity of husband and wife. See COMMUNITY \nPROPERTY. [Cases: Husband and Wife \nconsumer debt. A debt incurred by someone primarily \nfor a personal, family, or household purpose. [Cases: \nBankruptcy C-=>2021.1.] \n\"What are 'consumer' debts? Section 101 (8) defines a \nconsumer debt as follows: 'consumer debt means debt \nincurred by an individual primarily for a personal, family, \nor household purpose.' The touchstone is the debtor's use \nof the money. The nature of the collateral, the business of \nthe creditor and the form of the loan are all irrelevant. A \nloan of $25,000 from a Credit Union to pay for a child's \neducation is a consumer debt, but the same loan used \nto finance the opening of an accounting business is not \na consumer debt. This is so irrespective of the nature of \nthe collateral put up for the debt.\" David G. Epstein et aI., \nBankruptcy  7-45, at 579 (1993). \ncontingent debt. A debt that is not presently fixed but \nthat may become fixed in the future with the occur\nrence of some event. \nconvertible debt. A debt whose security may be changed \nby a creditor into another form ofsecurity. \ndebt by simple contract. See simple-contract debt. \ndebt by special contract. See special-contract debt. \n\n463 \ndebt by specialty contract. See special-contract debt. \ndebt ofrecord. A debt evidenced by a court record, such \nas a judgment. \ndesperate debt. 1. C'ncollectable debt. 2. A debt taken \non by one who is either insolvent or on the verge of \ninsolvency. \ndistressed debt. A debt instrument issued by a company \nthat is financially troubled and in danger of defaulting \non the debt, or in bankruptcy, or likely to default or \ndeclare bankruptcy in the near future. \nexigible debt. A liquidated and demandable debt; a \nmatured claim. \nfixed debt. Generally, a permanent form of debt \ncommonly evidenced by a bond or debenture; long\nterm debt. -Also termed fixed liability. \nflotJ-ting debt. Short-term debt that is continuously \nrenewed to finance the ongoing operations of a \nbusiness or government. \nfraudulent debt. A debt created by fraudulent prac\ntices. \nfunded debt. 1. A state or municipal debt to be paid out \nof an accumulation of money or by future taxation. \n[Cases: Municipal Corporations C:=>951.] 2. Secured \nlong-term corporate debt meant to replace short-term, \nfloating, or unsecured debt. \ngeneral debt. A governmental body's debt that is legally \npayable from general revenues and is backed by the \nfull faith and credit of the governmental body. [Cases: \nMunicipal Corporations C:=>894.1 \nhypothecary debt. A lien on an estate. \nindividual debt. (usu. pI.) Debt personally owed by a \npartner, rather than by the partnership. [Cases: Part\nnership C:=> 144.] \ninstallment debt. A debt that is to be repaid in a series \nof payments at regular times over a specified period. \njudgment debt. A debt that is evidenced by a legal \njudgment or brought about by a successful lawsuit \nagainst the debtor. \njunior debt. See subordinate debt. \nlegal debt. A debt recoverable in a court oflaw. \nliquidated debt. A debt whose amount has been deter\nmined by agreement of the parties or by operation \noflaw. \nliquid debt. A debt that is due immediately and uncon\nditionally. \nlong-term debt. Generally, a debt that will not come \ndue within the next year. \nmutual debts. Cross-debts of the same kind and quality \nbetween two persons. Cf. SETOFF (2). \nnational debt. See NATIONAL DEBT. \nnondischargeable debt. (1908) A debt (such as one for \ndelinquent taxes) that is not released through bank\nruptcy. [Cases: BankruptcyC:=>3341-3378.] debt limitation \npassive debt. A debt that, by agreement between the \ndebtor and creditor, is interest-free. \npreferential debt. A debt that is legally payable before \nothers, such as an employee's wages. \nprivileged debt. A debt that has priority over other \ndebts ifa debtor becomes insolvent; a secured debt. \npublic debt. A debt owed by a municipal, state, or \nnational government. [Cases: Municipal Corpora\ntions (;::,869.] \npure debt. See pure obligation under OBLIGATION. \nsecured debt. A debt backed by collateral. \nsenior debt. A debt that takes priority over other debts. \n Senior debts are often secured by collateral. \nshort-term debt. Collectively, all debts and other liabil\nities that are payable within one year. Also termed \ncurrent liability. \nsimple-contract debt. A debt that is either oral or \nwritten but is not of record and not under seal. \nAlso termed debt by simple contract. \nspecial-contract debt. A debt due, or acknowledged to \nbe due, by an instrument under seal, such as a deed of \ncovenant or sale, a lease reserving rent, or a bond. \nAlso termed debt by special contract; debt by specialty \ncontract; speCialty debt. \n\"Any contract in short whereby a determinate sum of money \nbecomes due to any person, and is not paid but remains in \naction merely, is a contract of debt. And, taken in this light, \nit comprehends a great variety of acquisition; being usually \ndivided into debts of record, debts by speCial, and debts \nby simple contract:' 2 William Blackstone, Commentaries \non the Laws ofEngland 464 (1766). \nsubordinate debt. A debt that is junior or inferior to \nother types or classes ofdebt. Subordinate debt may \nbe unsecured or have a low-priority claim against \nproperty secured by other debt instruments. Also \ntermed junior debt. \nunliquidated debt. A debt that has not been reduced \nto a specific amount, and about which there may be \na dispute. \nunsecured debt. A debt not supported by collateral or \nother security. \ndebt adjustment. See DEBT POOLING. \ndebt capital. See CAPITAL. \ndebt consolidation. 1. See DEBT POOLING. 2. The replace\nment ofmultiple loans from one or more lenders with a \nsingle loan from one lender, usu. with a lower monthly \npayment and a longer repayment period. \ndebtee. Archaic. See CREDITOR (1). \ndebt-equity ratio. See DEBT-TO-EQUITY RATIO. \ndebt finandng. See FINANCING. \ndebt instrument. (1953) A written promise to repay a \ndebt, such as a promissory note, bill, bond, or com\nmercial paper. [Cases: Bills and Notes (=28.] \ndebt limitation. A ceiling placed on borrowing by an \nindividual, business, or government.  The constitutions \n\nof many states prohibit the states from incurring debt \nin excess ofa stated amount. Other state constitutions \nallow states to incur debt above a stated amount only \nthrough a vote ofthe people. Also termed limitation \non indebtedness. [Cases: States C=> 115.] \ndebt of record. See DEBT. \ndebtor. (13c) L One who owes an obligation to another, \nesp. an obligation to pay money. 2. Bankruptcy. A \nperson who files a voluntary petition or against \nwhom an involuntary petition is filed. -Also termed \nbankrupt. lCases: Bankruptcy C=>222 1.] \n\"Section 101 [of the Bankruptcy Code] also introduces us \nto the language of modern bankruptcy practice. It tells \nus, for instance, that the person whom a bankruptcy case \nconcerns is a debtor. A person or a firm in bankruptcy is no \nlonger called a bankrupt. Although that word retains some \ncurrency among lay people, among bankruptcy lawyers \nit sounds old-fashioned and precious.\" Douglas G, Baird, \nElements ofBankruptcy 6 (2001 J. \n3. Secured transactions. A person who either (I) has \na property interest other than a security interest \nor other lien in collateral, even if the person is not \nan obligor, or (2) is a seller of accounts, chattel paper, \npayment intangibles, or promissory notes. t.:CC \n 9-102(a)(28). -Abbr. Dr. Cf. CREDITOR. [Cases: \nSecured Transactions 21.] \nabsconding debtor. (18c) A debtor who flees from credi\ntors to avoid haVing to pay a debt . Absconding from \na debt was formerly considered an act ofbankruptcy. \nSee ACT OF BANKRUPTCY. \nabsent debtor. A debtor who lacks the intent to defraud \ncreditors but is beyond the geographic reach of \nordinary service of process. \naccount debtor. A person obligated on an account, \nchattel paper,"}
{"text": "geographic reach of \nordinary service of process. \naccount debtor. A person obligated on an account, \nchattel paper, or general intangible. The UCC \nexempts from the definition of account debtor a \nperson obligated to pay a negotiable instrument, \neven if the instrument constitutes chattel paper. UCC \n 9-102(a)(3). \ncommon debtor. Scots law. A debtor whose property \nhas been arrested by more than one creditor. \nconcealed debtor. A debtor who hides from creditors, \nusu. with the intent to defraud the creditors or to \navoid service of process, but does not leave the com\nmunity or move out of state. \njoint debtor. One of two or more debtors jointly liable \nfor the same debt. \njudgment debtor. See JUDGMENT DEBTOR. \nnew debtor. (ISc) Secured transactions. A person who \nbecomes bound as debtor under a security agree\nment previously entered into by another person. uec \n 9-102(a)(56), 9-203(c). \nsolvent debtor. A debtor who owns enough property \nto cover all outstanding debts and against whom a \ncreditor can enforce a judgment. \ndebtor-in-possession. (1806) Bankruptcy. A Chapter 11 \nor 12 debtor that continues to operate its business as \na fidUciary to the bankruptcy estate. With certain exceptions, the debtor-in-possession has all the rights, \npowers, and duties of a Chapter 11 trustee, Abbr. \nDIP. [Cases: BankruptcyC:-=3622, 3672.] \ndebtor rehabilitation. See REHABILITATION (3). \nDebtor's Act of 1869. An English statute that, among \nother things, (1) abolished imprisonment for debt \nexcept in certain cases, as when a debtor owed a debt \nto the Crown or a debtor had money but refused to pay \na debt, (2) abolished arrest by mesne process, that is, \nby compelling the defendant to appear and give bail \nunless it was believed that the defendant would leave \nthe country, (3) made it a misdemeanor to obtain credit \nunder false pretenses or to defraud creditors, and (4) \ndefined how warrants and judgment orders would be \nexecuted. \ndebtor's examination. Bankruptcy. A meeting between a \ndebtor and his or her creditors during which the credi\ntors ask the debtor questions designed to uncover infor\nmation about the location and extent of the debtor's \nassets and the dischargeability ofdebts. The examina\ntion may be conducted under  343 ofthe Bankruptcy \nCode or Rule 2004 ofthe Federal Rules of Bankruptcy \nProcedure. The bankruptcy trustee may be present \nand preside over the initial  343 examination, which \nis held shortly after the bankruptcy filing. But the party \n(usu. a creditor) who requests a Rule 2004 examination \npresides over the meeting, which can be held at any \ntime. See 11 USCA  343; Fed. R. Bankr. P. 2004, [Cases: \nBankruptcy (;:-c3040.1-3048.] \ndebtor's petition. See voluntary petition under \nPETITION. \ndebtor's property. See PROPERTY OF THE DEBTOR. \ndebt pooling. (1957) 1. Bankruptcy. An arrangement by \nwhich a person's debts are consolidated and creditors \nagree to accept lower monthly payments or to take less \nmoney. -Also termed debt consolidation; debt adjust\nment. 2. An arrangement under which a debtor agrees \nto pay (1) a sum of money periodically or otherwise \nto a third person who will then distribute the money \namong certain specified creditors in accordance with \na plan, and (2) a fee to the third person for his or her \nservices as distributor . Debt-pooling in this manner \nis generally illegal if the arrangement is not made with \na bank, attorney, judicial officer, retail-merchants' asso\nciation, or nonprofit organization that provides debt\ncounseling services. \ndebt ratio. (1932) A corporation's total long-term and \nshort-term liabilities divided by the firm's total assets. \n A low debt ratio indicates conservative financing \nand thus usu. an enhanced ability to borrow in the \nfuture. Also termed debt-to-total-assets ratio. \ndebt retirement. (1928) Repayment of debt; RETIRE\nMENT (3). \ndebt security. See SECURITY. \ndebt service. (1930) 1. The funds needed to meet a \nlong-term debt's annual interest expenses, principal \n\npayments, and sinking-fund contributions. 2. Payments \ndue on a debt, including interest and principal. \ndebt-to-equity ratio. (1954) A corporation's long-term \ndebt divided by its owners' equity, calculated to assess \nits capitalization, Also termed debt-equity ratio; \ndebt-to-net-worth ratio, \ndebt-to-total-assets ratio. See DEBT RATIO. \nDeCA. abbr. DEFENSE COMMISSARY AGENCY, \nde caetero (dee see-t;}-roh) [Latin \"about the other\"] \nHenceforth; in the future, Also spelled de cetera. \nde calceto reparando (dee kal-s;}-toh rep-doran-doh), \nn. [Law Latin \"for repairing a causeway\"] Hist. A writ \ndirecting a sheriff to distrain residents of a place to \nrepair a road. \ndecalvatio (dee-kal-vay-shee-oh). Hist. The act ofcutting \noff a person's hair to symbolize a total loss ofhonor. \nAlthough some early legal historians interpreted this \nGermanic practice as scalping, a leading historian of \nthe early 20th century insisted that it referred only to \nthe cutting of hair. See Munroe Smith, The Develop\nment ofEuropean Law 99 (1928). \ndecanatus (dek-a-nay-tas), n, [Law Latin] Hist. A group \nof ten people; a decenary. See DECANUS, \ndecania (di-kay-nee-,,), n. [Law Latin] Hist. A dean's \noffice; a dean's territory. \ndecanus (di-kay-nas), n. [fro Greek dekanos \"a dean\"] 1. \nRoman law. An officer commanding ten soldiers. 2, \nEccles. & Civil law. A leader often people, as in decanus \nmonasticus (\"dean of ten monks\"). 3. The dean of a \ncathedral. \nde capitalibus dominus feodi (dee kap-a-tay-Id-b;ls dom\na-nds fee-;}-dI). [Law Latin] Ilist. From the highest \nlord of the fee. _ This term was primarily used in old \ncharters to state that the tenure of an estate was to \nbe held of the chieflord of the fee, rather than of the \nimmediate grantor. \ndecapitation (dee-kap-;l-tay-sh;ln). Hist. The act of \ncutting off a head; a beheading. This was once a \ncommon method ofcapital punishment. \nde capite minutis (dee kap-a-tee mi-n[y]oo-tis). [Latin \n\"of those who have lost their status\"] Roman law. A title \nin the Digest, to people who lost their civil \nstatus. See CAPITIS DEMINUTIO. \ndecarceration. See DISIMPRISONMENT. \nde cartis reddendis (dee kahr-tis ri-den-dis), n. [Law \nLatin \"for restoring charters\"] Hist. A writ ordering \nredelivery of a charter or deed; a writ of detinue. See \nDETINUE. \nDe Catallis Felonum. Hist. A 1326 statute providing that \na felon forfeited his or her personal property and also \nlost all rights and means ofacquiring property . This \nstatute is one ofthe earliest written laws imposing civil \ndeath. Cf. civil death (1) under DEATH. \nde catallis reddendis (dee kd-tal-is ri-den-dis), n. [Law \nLatin \"of chattels to be restored\"] Hist. A writ ordering a bailee to deliver chattels kept from the owner . This \nwas replaced by the writ ofdetinue. See DETINUE. \nde cautione admittenda (dee kaw-shee-oh-nee ad-mi\nten-d;}), n, [Law Latin \"of security to be taken\"] Hist. A \nwrit commanding a bishop who had ordered an excom\nmunicated person held for contempt, even though the \nprisoner had offered bail and promised to obey the \nchurch in the future, to take the offered security and \norder the prisoner's release. \ndecease, n. See DEATH. \ndecease, vb. To die; to depart from life. \ndeceased, n. See DECEDENT. \ndecedent (di-see-d;}nt), n. (16c) A dead person, esp. one \nwho has died recently. _ This term is little used outside \nlaw. It typically appears in legal proceedings or admin\nistrative inquiries. Also termed deceased. \nnonresident decedent. A decedent who was domiciled \noutside the jurisdiction in question (such as probate \nJurisdiction) at the time ofdeath. \ndecedent's estate. See ESTATE (3). \ndeceit, n. (14c) 1. The act ofintentionally giving a false \nimpression <the juror's deceit led the lawyer to believe \nthat she was not biased>. 2. A false statement of fact \nmade by a person knowingly or recklessly (Le., not \ncaring whether it is true or false) with the intent that \nsomeone else will act upon it. See fraudulent misrep\nresentation under MISREPRESENTATION. [Cases: Fraud \n(;:::;3.]3. A tort arising from a false representation made \nknowingly or recklessly with the intent that another \nperson should detrimentally rely on it <the new hom\neowner sued both the seller and the realtor for deceit \nafter discovering termites>. See FRAUD; MISREPRESEN\nTATION. deceive, vb. \n'The tort of deceit consists in the act of making a wilfully \nfalse statement with the intent that the plaintiff shall act \nin reliance on it, and with the result that he does so act \nand suffers harm in consequence .... There are four main \nelements in this tort: (1) there must be a false represen \ntation of fact; (2) the representation must be made with \nknowledge of its falsity; (3) it must be made with the inten \ntion that it should be acted on by the plaintiff, or by a \nclass of persons which includes the plaintiff, in the manner \nwhich resulted in damage to him; (4) it must be proved that \nthe plaintiff has acted upon the false statement and has \nsustained damage by so doing.\" R.F.V. Heuston, Salmond \non the Law of Torts 387 (17th ed. 1977). \ndeceitful plea. See sham pleading under PLEADING (1). \ndecem tales (des-em tay-leez), n. [Law Latin \"ten such \npeople\"] Hist. A writ directing a sheriff to summon ten \npeople for a jury panel when a sufficient number have \nnot already appeared. \ndecemviri litibus judicandis (di-sem-v,,-rI iI-ti-bas joo\nda-kan-dis). [Latin \"ten persons to decide lawsuits\"] \nRoman law. A group of five senators and five knights \nwho assisted the elected magistrate in deciding legal \ndisputes concerning liberty. -Also spelled decemviri \nstlitibus judicandis. \ndecenary. [fro Latin decena \"a tithing\"] Hist. A town \nor district consisting of ten freeholding families. - A \n\nfreeholder of the decenary (a decennarius) was bound \nby frankpledge to produce any wrongdoer living in the \ndecenary. -Also spelled (incorrectly) decennary. \nAlso termed decmna; tithing. Cf. FRANKPLEDGE. \n\"The civil division of the territory of England is into \ncounties, of those counties into hundreds, of those \nhundreds into tithi ngs or towns. Which division, as it now \nstands, seems to owe its original to king Alfred; who, to \nprevent the rapines and disorders which formerly prevailed \nin the realm, instituted tithings; so called from the Saxon, \nbecause ten freeholders, with their families, composed \none. These all dwelt together, and were sureties or free \npledges to the king for the good behavior of each other; \nand, if any offence was committed in their district, they \nwere bound to have the offender forthcoming. And there\nfore anciently no man was suffered to abide in England \nabove forty days, unless he were enrolled in some tithing \nor decennary.\" 1 William Blackstone, Commentaries on the \nLaws ofEngland 110 (1765). \ndecency. The state of being proper, as in speech or dress; \nthe quality ofbeing seemly. \ndecenna (di-sen-a), n. [fro Latin decem \"ten\"] See \nDECENARY. \ndecennarius (des-a-nair-ee-as), n. [Law Latin \"a deciner\"] \nOne often families offreeholders comprising a decen\nnary. See DECENARY. \ndecennary. See DECENARY. \ndeceptive act. (1939) As defined by the Federal Trade \nCommission and most state statutes, conduct that is \nlikely to deceive a consumer acting reasonably under \nsimilar circumstances. -Also termed deceptive \npractice; deceptive sales practice. [Cases: Consumer \nProtection C:::>4; Antitrust and Trade Regulation \n136.] \ndeceptive advertising. See FALSE ADVERTISING. \ndeceptive practice. See DECEPTIVE ACT. \ndeceptive sales practice. See DECEPTIVE ACT. \ndeceptive warranty. See WARRANTY (2). \ndecern (di-s<lrn), vb. Scots law. To decree; to give final \njudgment. \n\"Before the judgment or interlocutor of any court in \nScotland can be extracted, to the effect of warranting \nexecution, it must import a decree. Hence, all extractable \njudgments close with the word 'decern.'\" William Bell, Bell's \nDictionary and Digest of the Law of Scotland 287 (George \nWatson ed., 7th ed. 1890). \nde certificando (dee sar-ti-fi-kan-"}
{"text": "Watson ed., 7th ed. 1890). \nde certificando (dee sar-ti-fi-kan-doh), n. [Law Latin \n\"about something to be certified\"] A writ requiring \nsomething to be certified, similar to certiorari. See \nCERTIFICANDO DE RECOGNITIONE STAPULAE. \ndecertify, vb. (1918) 1. To revoke the certification of. \n2. To remove the official status of (a labor union) by \nwithdrawing the right to act as a collective-bargain\ning agent. [Cases: Labor Relations (;=,216.] 3. (Of a \ncourt) to overrule a previous order that created a class \nfor purposes of a class action; to officially undo (a \nclass). [Cases: Labor and Employment (;=> 1232.] Cf. \nCERTIFY. -decertification, n. de certiorando (dee s<lr-shee-a-ran-doh), n. [Law Latin \n\"about certification\"] A writ ordering a sheriff to certify \na fact. \ndecessus (di-ses-as), n. [fro Latin decedere \"to depart\"] \nl. Roman law. A death. 2. A departure. -This term \nhas been used in both the civil and common law, esp. \nin reference to the desertion ofa ground in a previous \npleading in favor of another. See DEPARTURE. \nde cetero. See DE CABTERO. \nde champertia (dee kam-p<lr-shee-a), n. [Law Latin \n\"about champerty\"] Hist. A writ ordering justices of \nthe bench to enforce the champerty laws. See CHAM\nPERTOR; CHAMPERTY. \nde char et de sank (da shahr ay d<l sangk). [Law French] \nHist. Of flesh and blood. \nde chimino (dee kim-d-noh), n. [Law Latin \"writ ofway\"] \nHist. A writ to enforce a right-of-way. \nde cibariis utendis (dee si-bair-ee-ds yoo-ten-dis), n. \n[Law Latin \"of victuals to be used\"] Hist. The statute \nof 10 Edw. 3 ch. 3 restraining entertainment expenses. \n-This was one of several statutes limiting luxury \nspending. \ndedes tantum (desh-ee-eez or dee-shee-eez tan-tam), n. \n[Law Latin \"ten times as much\"] Hist. A writ ordering \na juror who accepted a bribe for a verdict to pay ten \ntimes the bribery amount, halfto the suing party and \nhalf to the Crown. \n\"Decies tantum is a writ that lies where a juror in any \ninquest takes money of the one part or other, to give his \nverdict; then he shall pay ten times as much as he hath \nreceived: and everyone that will sue may have this action, \nand shall have the one half, and the king the other .... \nAnd the same law is of all other actions popular, where one \npart is to the king, the other to the party that sues. Also the \nembracers, who procure such inquests, shall be punished \nin the same manner, and they shall have imprisonment \na year. But no justice shall inquire thereof ex officio, but \nonly at the suit of the party.\" Termes de la Ley 146 (l st \nAm. ed. 1812). \ndedmae (des-a-mee), n. [fro Latin decem \"ten\"] Eccles. \nlaw. 1. The tenth part of the annual profits of a benefice \noriginally payable to the Pope, and later to the Crown \nby 26 Hen. 8, ch. 3. \n\"The tenths, or decimae, were the tenth part of the annual \nprofit of each living ... which was also claimed by the holy \nsee .... But this claim of the pope met with a vigorous \nresistance from the English parliament; and a variety of acts \nwere passed to prevent and restrain it .... But the popish \nclergy, blindly devoted to the will of a foreign master, still \nkept it on foot; sometimes more secretly, sometimes more \nopenly and avowedly .... And, as the clergy expressed \nthis Willingness to contribute so much of their income to \nthe head of the church, it was thought proper (when in the \nsame reign the papal power was abolished, and the king \nwas declared the head of the church of England) to annex \nthis revenue to the crown, ...\" 1 William Blackstone, Com \nmentaries on the Laws ofEngland 274 (1765). \n2. Tithes paid to the church, often in grain or wool. \ndecimae garbales (des-i-mee gahr-bay-leez). [Law Latin] \nHist. Eccles. law. Tithe sheaves; grain tithes. -The \nparish rector was entitled to each tenth sheaf of the \ncut grain as a tithe. \n\ndecimae rectoriae (des-i-mee rek-tor-ee-ee). [Law Latin] \nHist. Eccles. law. Parsonage tithes; that is, fixed tithes \npayable to the parson of a parish . The right to levy \nsuch tithes could not be lost by prescription. \ndecimae vicariae (des-i-mee vI-kair-ee-ee). [Law Latin] \nHist. Eccles. law. Vicarage tithes . Vicars received \ntithes from various sources (such as from wool or eggs) \naccording to need or custom. The right to levy them \ncould not be lost by prescription. \ndecimation (des-;l-may-sh;m). 1. A major destruction of \npeople; a great loss oflife. 2. Hist. A tithing; a payment \nof the tenth part. 3. Hist. A punishment, esp. by death, \nofevery tenth person by lot . Under Roman law, deci\nmatio referred to the punishment by lot ofevery tenth \nsoldier in a legion for mutiny or cowardice. \ndecision, n. (16c) 1. A judicial or agency determina\ntion after consideration ofthe facts and the law; esp., a \nruling, order, or judgment pronounced by a court when \nconsidering or disposing of a case. See JUDGMENT (1); \nOPINION (1). -decisional, adj. \nappealable decision. (1870) A decree or order that is \nsufficiently final to receive appellate review (such as an \norder granting summary judgment), or an interlocu\ntory decree or order that is immediately appealable, \nusu. by statute (such as an order denying immunity to \na police officer in a civil-rights suit). -Also termed \nreviewable issue. See COLLATERAL-ORDER DOCTRINE. \n[Cases: Appeal and Error ~24-135.] \nfinal decision. See final judgment under JUDGMENT. \ninterlocutory decision. See interlocutory order under \nORDER (2). \nunreasonable decision. (1962) An administrative \nagency's decision that is so obviously wrong that there \ncan be no difference of opinion among reasonable \nminds about its erroneous nature. [Cases: Adminis\ntrative Law and Procedure ~763.] \n2. Parliamentary law. VOTE (4). 3. Parliamentary law. \nThe chair's ruling on a point oforder. See appeal from \nthe decision ofthe chair under APPEAL. \ndecisionallaw. See CASELAW. \ndecision-making responsibility. The authority to come \nto a binding resolution of an issue. For example, in \nchild-rearing, decision-making responsibility involves \nthe authority to make significant decisions on a child's \nbehalf, including decisions about education, religious \ntraining, and healthcare. \ndecision on the merits. See judgment on the merits under \nJUDGMENT. \ndecisive oath. See OATH. \ndecisory oath. See decisive oath under OATH. \nDecker test. See SUBJECT-MATTER TEST. \ndeclarant (di-klair-;lnt), n. (17c) 1. One who has made \na statement <in accordance with the rules ofevidence, \nthe statement was offered to prove the declarant's state \nofmind>. 2. One who has signed a declaration, esp. one stating an intent to become a U.S. citizen <the declarant \ngrew up in Italy>. -declarant, adj. \ndeclaration, n. (15c) 1. A formal statement, proclama\ntion, or announcement, esp. one embodied in an instru\nment. Cf. AFFIDAVIT. \ndeclaration ofalienage. A declaration by a person with \ndual citizenship ofa wish to renounce the citizenship \nofone state . For the declaration to be effective, the \nperson making it must be of full age and not under \nany disability. \ndeclaration ofdefault. A creditor's notice to a debtor \nregarding the debtor's failure to perform an obliga\ntion, such as making a payment. \ndeclaration ofdividend. (1837) A company's setting \naside of a portion of its earnings or profits for dis\ntribution to its shareholders. See DIVIDEND. [Cases: \nCorporations ~152.] \ndeclaration ofhomestead. (1856) A statement required \nto be filed with a state or local authority to prove \nproperty ownership in order to claim homestead\nexemption rights. See HOMESTEAD. [Cases: Home\nstead~41.] \ndeclaration ofintention. (1812) An alien's formal \nstatement resolving to become a U.S. citizen and \nto renounce allegiance to any other government or \ncountry. [Cases: Aliens, Immigration, and Citizen\nship~718.] \ndeclaration oflegitimacy. (1861) A formal or legal \npronouncement that a child is legitimate. [Cases: \nChildren Out-of-Wedlock ~1,8.] \ndeclaration oftrust. (17c) 1. The act by which the \nperson who holds legal title to property or an estate \nacknowledges that the property is being held in trust \nfor another person or for certain specified purposes. \n[Cases: Trusts ~1.] 2. The instrument that creates \na trust. -Also termed (in sense 2) trust instrument; \ntrust deed; trust agreement. [Cases: Trusts ~19.] \njudicial declaration. Hist. Scots law. 1. A party's state\nment, made in court and transcribed, about a case's \nmaterial facts. 2. An accused's statement, made after \nan arrest and taken down in writing. \n2.1nt'llaw. The part ofa treaty containing the stipula\ntions under which the parties agree to conduct their \nactions; TREATY (1). 3.1nt'llaw. A country's unilateral \npronouncement that affects the rights and duties of \nother countries. \ndeclaration ofwar. A country's announcement that it \nis officially engaged in war against another country. \n[Cases: War and National Emergency~7.] \n4. A document that governs legal rights to certain types \nofreal property, such as a condominium or a residential \nsubdivision. [Cases: Condominium ~3.] 5. A listing \nof the merchandise that a person intends to bring \ninto the United States . This listing is given to U.S. \nCustoms when one enters the country. [Cases: Customs \nDuties ~65.] 6. Evidence. An unsworn statement \nmade by someone having knowledge of facts relating \n\n468 declaration after final rejection \nto an event in dispute. [Cases: Criminal Law (;=::>411, \n415,416; Criminal Law(;=::>411, 415, 416; Evidence \n266-3l3.] \ndeathbed declaration. See dying declaration. \ndeclaration against interest. (1940) A statement by a \nperson who is not a partyto a suit and is not available \nto testify at trial, discussing a matter that is within the \ndeclarant's personal knowledge and is adverse to the \ndeclarant's interest.  Such a statement is admissible \ninto evidence as an exception to the hearsay rule. Fed. \nR. Evid. 804(b)(3). Also termed seif-disserving dec\nlaration. See admission against interest under ADMIS\nSION (1). [Cases: Criminal Law (::=,417(l5); Evidence \ndeclaration ofpain. (1891) A person's exclamation of \npresent pain, which operates as an exception to the \nhearsay rule. Fed. R. Evid. 803(3). [Cases: Criminal \nLaw (;=::>419(2.20); Evidence (;:::268.] \ndeclaration ofstate ofmind. (1843) A person's state-of\nmind statement that operates as an exception to the \nhearsay rule. Fed. R. Evid. 803(3). [Cases: Criminal \nLaw ~419(2.20); Evidence (;=::>26S.] \ndying declaration. (ISc) A statement by a person who \nbelieves that death is imminent, relating to the cause \nor circumstances ofthe person's impending death. \nThe statement is admissible in evidence as an excep\ntion to the hearsay rule. Also termed deathbed \ndeclaration; ante mortem statement. [Cases: Evidence \nHomicide (,7:.1075.] \n\"[AI rule peculiar to criminal cases is the exception to the \nrule respecting hearsay evidence which renders dying dec \nlarations as to the cause of death admissible in trials for \nmurder or manslaughter .... The earliest emphatic state \nment of it ... is to be found in Woodcock's case, decided \nin 1789 .... This case refers to a decision in 1720 ... and \nto the case of R. v Reason and Tranter, decided in 1722. \nThat case, however, says nothing as to any limitation on \nthe rule. A series of cases from 1678 to 1765 show that \nduring that period declarations of deceased persons as to \nthe cause of their death were admitted even though the \ndeclarants had hopes of recovery when they were made.\" \n1James Fitzjames Stephen, A History of the Criminal Law \nofEngland 447-48 (1883). \nself-disserving declaration. See declaration against \ninterest. \nself-serving declaration. (1881) An out-of-court state\nment made to benefit one's own interest. [Cases: \nCriminal Law (:::::.413; Evidence \n7. Common-law pleading. The plaintiff's first pleading \nin a civil action . It is an amplification ofthe original \nwrit on which the action is founded, with the addi\ntional circumstances ofthe time and place ofinjury. In \na real action, the declaration is called a count"}
{"text": ", with the addi\ntional circumstances ofthe time and place ofinjury. In \na real action, the declaration is called a count. Today the \nequivalent term in English law is statement ofclaim; in \nmost American jurisdictions, it is called a petition or \ncomplaint. -Also termed narratio. See COUNT (2), (3). \nCf. PLEA (2). [Cases: Pleading \n'The declaration is a statement of all material facts consti\ntuting the plaintiff's cause of action in a methodical and \nlegal form. It consists of the following parts: (a) Statement \nof title of court. (b) Statement of venue in the margin. (c) The commencement. (d) The body, or statement of the \ncause of action. (e) The conclusion.\" Benjamin J. Shipman, \nHandbook of Common-Law Pleading  76, at 192 (Henry \nWinthrop Ballantine ed., 3d ed. 1923). \ndeclaration in chief. A declaration for the principal \ncause ofaction. \n8. A formal, written statement resembling an affida\nvit but not notarized or sworn to -that attests, under \npenalty of perjury, to facts known by the declarant.  \nSuch a declaration, if properly prepared, is admissible \nin federal court with the same effect as an affidavit. \n28 USCA  1746. -Also termed declaration under \npenalty ofperjury; unsworn declaration under penalty \nof perjury. Cf. AFFIDAVIT; sworn statement under \nSTATEMENT. 9. lnt'llaw. An oral or written statement, \nunilaterally made, by which a state expresses its will, \nintent, or opinion when acting in the field of interna\ntional relations. 10. See declaratory judgment under \nJUDGMENT. 11. DECLARATION OF RIGHTS. -declare, \nvb. -declaratory, adj. \ndeclaration after final rejection. See affidavit after final \nrejection under AFFIDAVIT. \ndeclaration date. See DATE. \ndeclaration ofa desire for a natural death. See LIVING \nWILL. \ndeclaration ofalienage. See DECLARATION (1). \ndeclaration ofcontinued use. See DECLARATION OF \nUSE. \ndeclaration of estimated tax. (1946) A required IRS \nfiling by certain individuals and businesses ofcurrent \nestimated tax owed, accompanied by periodic payments \nofthat amount.  The requirement ensures current col\nlection oftaxes from taxpayers (such as self-employed \npersons) whose incomes are not fully taxed by payroll \nwithholding. IRC (26 USCA)  6315, 6654. [Cases: \nInternal Revenue ~4S32, 5219.40.] \ndeclaration ofincontestability. Trademarks. A sworn \nstatement submitted by the owner ofa registered mark \nafter five years of registration, averring that the mark \nhas been in continuous use in commerce for at least \nfive consecutive years since registration, that the mark \nhas not become generic, that there has been no final \nadverse decision to ownership in the mark, and that \nthere is no pending proceeding in the U.S. Patent and \nTrademark Office or courts involVing the mark. The \nstatement entitles the mark to immunity from some \nlegal challenges under  15 ofthe Lanham Act. Also \ntermed affidavit ofincontestability; affidavit under  15; \ndeclaration under  15; Section 15 affidavit; Section 15 \ndeclaration. [Cases: Trademarks C=,1352.] \nDeclaration of Independence. The formal proclama\ntion of July 4, 1776, in the name of the people of the \nAmerican colonies, asserting their independence from \nthe British Crown and announcing themselves to the \nworld as an independent nation. \ndeclaration oflegitimacy. See DECLARATION (1). \ndeclaration ofno defenses. See WAIVER OF DEFENSES. \n\n469 \ndeclaration ofpain. See DECLARATION (6). \nDeclaration ofParis. An international agreement, signed \nby Great Britain, France, Turkey, Sardinia, Austria, \nPrussia, and Russia in 1856 (at the end ofthe Crimean \nWar), providing that (1) privateering is illegal, (2) with \nthe exception of contraband, a neutral flag covers an \nenemy's goods, (3) with the exception of contraband, \nneutral goods cannot be confiscated under a hostile \nflag, and (4) a blockade must work to be binding . The \nagreement was later adopted by most other maritime \npowers, except the United States and a few others. \n''The Declaration of Paris is one of the greatest triumphs \nwon by commercial interests over the strict rules of \nmaritime warfare. Its importance resides in its first three \narticles. Article 4 did no more than formulate a principle \nacknowledged for more than a century. Construed strictly \nit requires an impossibility; for no blockade, however strict, \ncan always 'prevent access to the coast of the enemy.' But \nit is clear that the words were meant to be understood in \na reasonable sense as merely prohibitory of ineffective or \n'paper' blockades .... Article 1 struck at a most objec\ntionable practice. The current of opinion had long been \nrunning strongly against the use of privateers.... Article \n2 ... has provoked an enormous amount of controversy. \nTogether with Article 3 it amounted to a new departure in \nthe law of maritime capture. Up to 1856 the great naval \npowers had been divided between the old principle that \nthe liability of goods to capture should be determined by \nthe character of their owner, and the more modern prin\nciple ... that the character of the ship in which the goods \nwere laden should settle their fate.\" 1 R.H. Inglis Palgrave, \nPalgrave's Dictionary of Political Economy 520-21 (Henry \nHiggs ed., 2d ed. 1925). \ndeclaration ofrestrictions. Property. A statement ofall \nthe covenants, conditions, and restrictions affecting a \nparcel ofland, usu. imposed and recorded by a devel\noper ofa subdivision . The restrictions usu. promote a \ngeneral plan ofdevelopment by requiring all lot owners \nto comply with the specified standards, esp. for build\nings. The restrictions run with the land. -Sometimes \nalso written declarations ofrestrictions. [Cases: Cov\nenants <8='69.] \n.declaration of rights. 1. An action in which a litigant \nrequests a court's assistance not because any rights have \nbeen violated but because those rights are uncertain. \n Examples include suits for a declaration oflegiti\nmacy, for declaration of nullity of marriage, and for \nthe authoritative interpretation of a will. 2. See declara\ntory judgment under JUDGMENT. -Often shortened \nto declaration. \ndeclaration ofstate ofmind. See DECLARATION (6). \nDeclaration ofTaking Act. The federal law regulating \nthe government's taking ofprivate property for public \nuse under eminent domain. 40 USCA  3114 et seq. \n Fair compensation must be paid for the property. \n[Cases: Eminent Domain <8=' 122, 167.] \ndeclaration oftrust. See DECLARATION (1). \ndeclaration ofuse. Trademarks. A sworn statement sub\nmitted by a registered mark's owner averring that the \nregistered mark is currently in use in commerce, and \nproviding a specimen or facsimile of the mark's use. \n The  8 affidavit must be filed (1) between the fifth declaratory theory \nand sixth year following registration, and (2) within the \nyear before the end of every ten-year period after the \ndate of registration. If a registered mark's owner fails \nto file a  8 affidavit within the required time, the U.S. \nPatent and Trademark Office may cancel the registra\ntion. The term comes from  8 of the Lanham Act. \nAlso termed affidavit ofcontinued use; affidavit ofuse; \naffidavit under  8; declaration ofcontinued use; decla\nration under  8; Section 8 declaration; statement ofuse. \nCf. INCONTESTABILITY STATUS; CANCELLATION. [Cases: \nTrademarks <8=' 1254, 1304.] \ndeclaration ofwar. See DECLARATION (3). \ndeclaration under penalty of perjury. See DECLARA\nTION (8). \ndeclaration under  8. See DECLARATION OF USE. \ndeclaration under  15. See DECLARATION OF INCON\nTESTABILITY. \ndeclarator. See action ofdeclarator under ACTION (4). \ndeclarator of trust (di-klar-;)-t;)r or di-klair-;)-t<}r or \n-tor). A common-law action against a trustee who \nholds property under a title ex facie for the trustee's \nown benefit. \ndeclaratory (di-klar-;)-tor-ee or di-klair-), adj. 1. Clear; \nmanifest <a declaratory statute>. 2. Explanatory <a \ndeclaratory judgment>. \ndeclaratory, n. See action ofdeclarator under ACTION. \ndeclaratory act. See declaratory statute under STATUTE. \ndeclaratory decree. See declaratory judgment under \nJUDGMENT. \ndeclaratory judgment. See JUDGMENT. \ndeclaratory-judgment act. (1921) A federal or state law \npermitting parties to bring an action to determine \ntheir legal rights and positions regarding a contro\nversy not yet ripe for adjudication, as when an insur\nance company seeks a determination of coverage before \ndeciding whether to cover a claim. 28 USCA  2201, \n2202. See declaratory judgment under JUDGMENT. \n[Cases: Declaratory Judgment <8='21.] \ndeclaratory part of a law. A portion of a law clearly \ndefining rights to be observed or wrongs to be \navoided. \ndeclaratory precedent. See PRECEDENT. \ndeclaratory relief. See RELIEF. \ndeclaratory statute. See STATUTE. \ndeclaratory theory. (1895) The belief that judges' deci\nsions never make law but instead merely constitute \nevidence ofwhat the law is. This antiquated view \nheld by such figures as Coke and Blackstone -is no \nlonger accepted. \n''There are ... at least three good reasons why the declara\ntory theory should have persisted for some time after the \nmodern English doctrine [of precedent] had begun to take \nshape. In the first place, it appealed to believers in the \nseparation of powers, to whom anything in the nature of \njudicial legislation would have been anathema. Secondly, \nit concealed a fact which Bentham was anxious to expose, \nnamely, that judge-made law is retrospective in its effect. \n\nIf in December a court adjudges that someone is liable, in \nconsequence of his conduct during the previous January, \nit would certainly appear to be legislating retrospectively, \nunless the liability is based on an earlier Act of Parliament, \nor unless the court is simply following a previous decision. \nA way of disguising the retrospective character of such \na judgment would be to maintain the doctrine that the \ncourt really was doing no more than state a rule which \nanyone could have deduced from well-known prinCiples \nor common usage, for the conduct in question would then \nhave been prohibited by the law as it stood in January. \nThe third reason for the persistence of the declaratory \ntheory may be thought to justify its retention in a revised \nform today. When confronted with a novel point, judges \nalways tend to speak as though the answer is provided by \nthe com mon law.\" Rupert Cross &J.w. Harris, Precedent in \nEnglish Law 30 (4th ed. 1991). \ndeclared trust. See express trust under TRUST. \nde claro die (dee klair-oh dI-ee). [Law Latin \"by clear \nday\"] By daylight. \nde clauso fracto (dee klaw-zoh frak-toh). [Law Latin] Of \na breacl\" ofclose. See CLAUSUM FREGIT. \nde derico admittendo (dee kler-a-koh ad-mi-ten\ndoh), n. [Law Latin \"for admitting a clerk\"] Rist. A \nwrit of execution commanding a bishop to accept a \nnominee for a vacant benefice . A benefice's patron \ncould enforce the right to fill a vacancy (the right of \npresentation) in the Court ofCommon Pleas by writ of \nquare impedit. Also termed admittendo derieo; ad \nadmittendum clericum. Cf. ADVOWSON; PRESENTATION; \nQUARE IMPEDlT. \nde clerico capto per statutum mercatorium deliberando \n(dee kler-a-koh kap-toh par sta-tyoo-tam m<lr-ka~tor\nee-<lm di-lib-a-ran-doh), n. [Law Latin \"for delivering \na clerk arrested on a statute merchant\"] Hist. A writ \nordering the release of a clerk imprisoned for breach\ning a statute merchant. Often shortened to de clerieo \ncapto per statu tum mercatorium. \nde clerico convieto commisso gaolae in defectu ordi\nnarii deliberando. See CLERICO CONVICTO COMMISSO \nGAOLAE IN DEFECTU ORDINARII DELIBERANDO. \nde derieo infra sacros ordines constituto, non eligendo \nin officium (dee kler-a-koh in~fra sak-rohs or-di-neez \nkon-sti-tyoo-toh, non el-i-jen-doh in a~fish-ee-dm). \n[Law Latin \"for not electing a clerk in holy orders to \noffice\"] Rist. A writ ordering a cleric's release from \nsecular office . 1he writ was addressed to the bailiff \nor other person who had forced a cleric to take a baili\nwick or other secular office. \nde clero (dee kleer-oh), n. [Law Latin \"concerning the \nclergy\") The statute of 25 Edw. 3 addressing clerical \nmatters, including presentations and indictments. \ndeclination (dek-Ia-nay-shan). (14c) 1. A deviation \nfrom proper course <declination of duty>. 2. An act \nof refusal <declination of a gift>. 3. A document filed \nby a fiduciary who chooses not to serve. 4. At common \nlaw, a plea to the court's jurisdiction by reason ofthe \njudge's personal interest in the lawsuit. Also termed \n(esp. in sense 2) declinature. \ndeclinatory exception (di-khn-a~tor-ee). See EXCEP\nTION (1). declinatory plea. Hist. A pretrial plea claiming benefit \nofclergy. Also"}
{"text": "CEP\nTION (1). declinatory plea. Hist. A pretrial plea claiming benefit \nofclergy. Also termed plea ofsanctuary. See BENEFIT \nOF CLERGY. \ndeclining-balance depredation method. See DEPRECIA\nTIO:'>! METHOD. \ndeeoctor (di-kok-tar or -tor), n. [fro Latin deciquere \"to \nwaste\") Roman law. A bankrupt; a defaulting debtor. \nde coelo usque ad inferos (dee see~loh <ls-kwee ad in-f<lr\nohs). [Latin] From heaven to the center ofthe earth. \nThis phrase expressed a common-law maxim about the \nextent ofa real-property owner's ownership interest in \nthe property. \ndecollatio (dee~kah-lay-shee-oh), n. [fro Latin de \"off\" + \ncollum \"neck\"] Hist. In England and Scotland, an act \nofbeheading. See DECAPITATION. \ndecolonization. Int'l law. The process by which a colonial \npower divests itself of sovereignty over a colony \nwhether a territory, a protectorate, or a trust territory\nso that the colony is granted autonomy and eventually \nattains independence. \nde communi dividundo. See aetio de communi dividundo \nunder ACTIO. \nde comon droit (da kah~man droyt). [Law French] Rist. \nBy the common law; ofcommon right. See COMMON \nLAW. \nde computo (dee kom-pya-toh), n. [Law Latin \"of \naccount\"] Hist. A writ ordering a defendant to either \ngive a reasonable accounting to the plaintiff or explain \nwhy such an accounting should not be required . \nThis was the foundation for an action of account. See \nACCOUNT (3). \nde concilio curiae (dee kan-sil-ee-oh kyoor-ee-ee). [Law \nLatin] By the advice ofthe court; by the direction ofthe \ncourt. Also spelled de consillio curiae. \nDe Conflictu Legum (dee kan-flik-too lee~gam), n. \n[Latin] Concerning the conflict oflaws . This is a title \nto several works on the conflict oflaws. \nDe Conjunctim Feoffatis (dee bn-j<lngk-tam fee-fay-tis), \nn. [Law Latin \"concerning persons jOintly enfeoffed\"] \nHist. The title of the statute of Edward I preventing \ndelays caused by tenants pleading, in novel disseisins \nor other actions, that someone else was jointly seised \nwith them. \nde consanguineo (dee kon-sang-gwin-ee-oh), n. See \nCOSINAGE. \nde consanguinitate (dee kon-sang-gwin-i-tay-tee), n. See \nCOSINAGE. \nde consilio (dee kan-sil-ee-oh). [Law Latin] Of counseL \n This term often referred to the advice or counsel to \ncommit a crime. \ndeconstruction, \t n. (1969) In critical legal studies, \na method of analYZing legal principles or rules by \nbreaking down the supporting premises to show that \nthese premises might also advance the opposite rule \nor result. Also termed trashing. deconstruction\nist, adj. & n. \n\n471 \nde continuando assisam (dee bn-tin-yoo-an-doh a-SI\nzam), n. [Law Latin \"for continuing an assize\"] A writ \nto continue an assize. \nde contumace capiendo (dee kon-tya-may-see kap\nee-en-doh), n. [Law Latin \"for arresting a contuma\ncious person\"] Rist. A writ issuing out of the Court \nof Chancery at the request of an ecclesiastical court \nthat has found a person to be in contempt.  This writ \ncame into use after the Ecclesiastical Courts Act of 1813 \nremoved ecclesiastical courts' power to excommunicate \nlitigants who failed to comply with a court order. Cf. \nEXCOMMU:-.IICATO CAPIENDO. \n\"In 1812.the case of Mary Ann Dix a woman not of age, \nwho was imprisoned for two years on a writ de excommu\nnicato capiendo for not paying costs in a suit for defama\ntion ~aroused the Legislature. In the following year it was \nenacted that excommunication should cease to exist as \npart of the process of the ecclesiastical courts to enforce \nappearance, and as a punishment for contempt.... [F]or \nthe writ de excommunicato capiendo was substituted the \nwrit de contumace capiendo; and the rules applying to \nthe older writ were made applicable to the new.\" 1 William \nHoldsworth, A History ofEnglish Law 632 (7th ed. 1956). \nde copia libelli deliberanda (dee koh-pee-a li-bel-I \ndi-lib-a-ran-da), n. [Law Latin \"for delivering a copy of \na libel\"] Rist. Eccles. law. A writ ordering an ecclesiasti\ncal-court judge (such as the Dean ofArches) to provide \nthe defendant with a copy of the plaintiff's complaint_ \nde corona tore eligendo (dee kor-a-n<'>-tor-ee el-i-jen\ndoh), n. [Law Latin \"for electing a coroner\"] Rist. A \nwrit ordering a sheriff to call an election of a coroner \nto fill a vacant office. See CORONER (2). \nde coronatore exonerando (dee kor-<'>-n<'>-tor-ee eg-zon\na-ran-doh), n. [Law Latin \"for removing a coroner\"] A \nwrit ordering the sheriff to remove a coroner from office \nfor a reason stated in the writ. See CORONER (2). \n\"The coroner is chosen for life: but may be removed, either \nby being made sheriff, or chosen verderor, which are \noffices incompatible with the other; or by the king's writ de \ncoronatore exonerando, for a cause to be therein assigned, \nas that he is engaged in other business, is incapacitated by \nyears or Sickness, hath not a sufficient estate in the county, \nor lives in an inconvenient part of it.\" 1 William Blackstone, \nCommentaries on the Laws ofEngland 336 (1765). \nde corpore comitatus (dee kor-p<'>-ree kom-a-tay-tas). \n[Law Latin] From the body of the county . This term \nwas esp. used to distinguish a body of the county at \nlarge from a smaller area or de vicineto (\"from a neigh\nborhood\"). \nde corrodio habendo (dee kd-roh-dee-oh h,)-ben-doh), \nn. [Law Latin \"writ for having a corody\"] Rist. A writ to \nobtain an allowance, esp. of meat or other sustenance, \nfrom a religious house for a royal servant living there. \ndecorum. Parliamentary law. The customs offormality \nand courtesy observed by the members and chair in \nconducting business. \ndecoy, n. An undercover law-enforcement officer or agent \nwho acts as the willing subject ofan attempted or com\npleted crime in an attempt to lure a potential criminal \ndefendant into a situation that establishes the grounds \nfor a prosecution. decree \ndecoy, vb. Slang, To entice (a person) without force; to \ninveigle <the victim was decoyed out ofher home> <the \ndefendant was decoyed into the county and then served \nwith process>. See ENTRAPMENT. \ndecoy letter. A letter prepared and mailed to detect a \ncriminal who has violated the postal or revenue laws. \n[Cases: Postal Service C=;3L8, 42.) \ndecreased capacity. See CAPACITY (4). \ndecreaSing term insurance. See INSURANCE. \ndecreaSing-term life insurance. See decreasing term \ninsurance under IKSURANCE. \ndecree, n, (14c) 1. Traditionally, a judicial decision in \na court of equity, admiralty, divorce, or probate \nsimilar to a judgment of a court of law <the judge's \ndecree in favor of the will's beneficiary>. 2. A court's \nfinal judgment. 3. Any court order, but esp. one in a \nmatrimonial case <divorce decree>. See JUDGMENT; \nORDER (2); DECISION. [Cases: Divorce C=; 152.] \n\"The chief differences between decrees in equity and \njudgments at common law are as follows: The former are \npronounced by courts of equity; the latter, by courts of \nlaw. The former result from an investigation and determi \nnation of the rights of the parties by the means provided \nand according to the principles recognized in equity \njurisprudence; the latter result from an investigation and \ndetermination made by the more limited means and more \ninflexible rules of the common law. The former may be \nadjusted to all the varieties of interest and of circumstance, \nand may contain such directions as are needed to carry \nthem into effect, both in letter and in spirit; the latter are in \nan invariable form, general in terms, and absolute for plain\ntiff or defendant. And the former often enforce rights not \nrecognized by the common law .... The term 'judgment' \nis frequently used in a broad sense to include decrees in \nequity.\" 1 A.C. Freeman, A Treatise ofthe Law ofJudgments \n 12, at 23-24 (Edward W. Tuttle ed., 5th ed. 1925). \nagreed decree. A final judgment, the terms ofwhich \nare agreed to by the parties. [Cases: Judgment \n71,91.] \nconsent decree. (1831) A court decree that all parties \nagree to. -Also termed consent order. [Cases: Federal \nCivil Procedure C=;2397; Judgment C=;87.] \ncustody decree. A decree awarding or modifying child \ncustody. The decree may be included in the decree \nfor a related proceeding such as a divorce -or it \nmay be a separate order. [Cases: Child Custody \n521.] \ndecree absolute. (1826) A ripened decree nisi; a court's \ndecree that has become unconditional because the \ntime specified in the decree nisi has passed. -Also \ntermed order absolute; rule absolute. \ndecree absolvitor (ab-zol-vi-tar or -tor), n. Scots law. \nA judgment for a defendant, either by a dismissal of \na claim or by an acquittaL Also termed decreet \nabsolvitor. \ndecree ad factum praestandum. Scots law. A court \norder requiring that a party specifically perform an \nact, such as to deliver property. See IMPRISONMENT \nFOR DEBT. \n\n472 \ndecree arbitral (ahr-bi-tral), n. Scots law. 1. An arbi\ntration award. 2. A form for an arbitration award. \nAlso termed decreet arbitral. \ndecree cognitionis causa (kog-nish-ee-oh-nis kaw-za), \nn. Scots law. A judgment in a suit involving a plain\ntiff creditor suing a debtor's heir to attach the heir's \nlands. -Also termed decreet cognitionis causa. \ndecree condemnator (kon-dem-nay-tar or -tor), n. \nScots law. A judgment for the plaintiff. -Also termed \ndecreet condemnator. \ndecree dative. Scots law. A decree appointing an \nexecutor. \ndecree nisi (nI-SI). (ISc) A court's decree that will \nbecome absolute unless the adversely affected party \nshows the court, within a specified time, why it should \nbe set aside. -Also termed nisi decree; order nisi; rule \nnisi. See NISI. \ndecree ofconstitution. Scots law. A judgment declaring \nthe extent ofa debt or obligation. \ndecree ofdistribution. (1841) An instrument by which \nheirs receive the property ofa deceased person. [Cases: \nExecutors and Administrators 50S.] \ndecree offorthcoming. Scots law. A court order that \ncommands a third party in possession of a debtor's \nproperty to deliver the property to the creditor for \nliquidation or satisfaction of a debt. -Also termed \ndecree offurthcuming \ndecree of insolvency. (I8c) A probate-court decree \ndeclaring an estate's insolvency. [Cases: Executors \nand Administrators 0:::>408-419.] \ndecree oflocality. Scots law. A Teind Court order allo\ncating what share of a clergyman's stipend will be paid \nby each heir in the parish. \ndecree ofmodification. Scots law. A Teind Court order \nmodifying a stipend for the clergy. \ndecree ofnullity. (Pc) A decree declaring a marriage \nto be void ab initio. See ANNULMENT; NULLITY OF \nMARRIAGE. \ndecree ofregistration. 1. A court order that quiets title \nto land and directs recording of the title. 2. Scots law. \nCONFESSION OF JUDGMENT. [Cases: Quieting Title \n(;:-J52.] \ndecree ofvaluation. Scots law. A decree of the Teind \nCourt determining the extent and value ofa heritor's \nteinds. \ndecree pro confesso (proh bn-fes-oh). (1821) Equity \npractice. A decree entered in favor of the plaintiff as \na result of the defendant's failure to timely respond \nto the allegations in the plaintiff's bill; esp., a decree \nentered when the defendant has defaulted by not \nappearing in court at the prescribed time. -Also \ntermed decree taken pro confesso. [Cases: Equity \n417-420.] \n\"A decree pro confesso in equity is similar to a default \njudgment in an action at law. If a defendant in an equity \nsuit fails to answer the plaintiff's petition within the pre\nscri bed time period, the bill will be taken pro confesso, and a decree entered in favor of the plai ntiff ... However, \nwhereas a default judgment in an action at law effects an \nadmission of pleaded facts and conclusions of law ... a \ndecree pro confesso in an equity action admits only the \nmaterial and well pleaded facts in the petition and does not \nadmit the legal claims upon which the plaintiff seeks relief .. \n27A Am. Jur. 2d Equity  249. at 733-34 (1996). \ndeficiency decree. See deficiency judgment under"}
{"text": "249. at 733-34 (1996). \ndeficiency decree. See deficiency judgment under \nJUDGMENT. \ndivorce decree. A final judgment in a suit for divorce. \n A divorce decree dissolves the marriage and \nusu. resolves all matters concerning property and \nchildren. Generally, matters concerning children \ncan be modified in a post-divorce action ifthere has \nbeen a substantial change in circumstances. [Cases: \nDivorce C::~152.] \nfinal decree. Seefinal judgment under JUDGMENT. \ninterlocutory decree. See interlocutory judgment under \nJUDGMENT. \ndecree nunc pro tunc. See judgment nunc pro tunc under \nJUDGMENT. \ndecree offurthcuming. See decree offorthcoming under \nDECREE. \ndecreet (di-kreet), n. [fro Latin decretum] Archaic Scots \nlaw. A court's final judgment; a decree . Decree is now \nthe usual term. \ndecreet absolvitor (ab-zol-vi-tar or -tor), n. See decree \nabsolvitor under DECREE. \ndecreet arbitral (ahr-bi-tral), n. See decree arbitral \nunder DECREE. \ndecreet cognition is causa (kog-nish-ee-oh-nis kaw-za), \nn. See decreet cognitionis causa under DECREE. \ndecreet condemnator (kon-dem-nay-t<'lf or -tor), n. See \ndecree condemnator under DECREE. \ndecree taken pro confesso. See decree pro confesso under \nDECREE. \ndecrementum maris (dek-ra-men-tam mar-is). [Latin \n\"decrease ofthe sea\"] The receding ofthe sea from the \nland. \ndecrepit (di-krep-it), adj. (15c) (Of a person) disabled; \nphYSically or mentally incompetent to such an extent \nthat the individual would be helpless in a personal \nconflict with a person of ordinary health and \nstrength. \ndecreta (di-kree-ta), n. [Latin \"decisions\"] Roman law. \nJudgments of magistrates; esp., sentences pronounced \nby the emperor as the supreme judge. See DECRETUM. \n\"Decreta. In Roman law decisions of magistrates 9iven after \ninvestigation of a case by cognitio .. and in particular, \ndecisions of the emperor as judge of first instance after \ntrial by cognitio, or as a judge of appeal. As the highest \nauthority in the State the emperor could interpret the law \nfreely and even introduce new principles. Consequently \nimperial deCisions were authoritative interpretations of the \nlaw or even innovatory and regarded as statements binding \nfor the future. and as such quoted by the jurists. They \nwere not only communicated to the parties but recorded \nin the records of the imperial court and private persons \n\n473 dedication \nmight obtain copies of them.\" David M. Walker, The Oxford \nCompanion to Law 343 (1980). \ndecretal (di-kree-t;:Il), adj. Of or relating to a decree. \ndecretal child support. See CHILD SUPPORT. \ndecretal interdict. See INTERDICT (1). \ndecretal order. See ORDER (2). \ndecretals (di-kree-tJlz), n. Eccles. law. Canonical epistles \nwritten either by the Pope or by the Pope and his car\ndinals to settle controversial matters; esp., the second \npart of the Corpus juris Canonici, canonical epistles \nconsisting mainly of: (1) Decretales Gregorii Noni, a col\nlection by Raymundus Barcinius, chaplain to Gregory \nIX, dating from about 1227; (2) Decretales Bonifacii \nOctavi, a collection by Boniface VIII in the year 1298; \n(3) Ciementinae, a collection ofClement V, published in \nthe year 1308; and (4) the Extravagantes, a collection by \nJohn XXII and other bishops. Also termed (in Law \nLatin) Decretales. See CANON LAW. \ndecretist (di-kree-tist), n. In medieval universities, a law \nstudent; esp., a student or commentator on Gratian's \nDecretum. \ndecretum (di-kree-tdm), n. [Latin \"a decision having \nmandatory force\"] 1. Roman law. A decision ofa mag\nistrate, esp. a judgment by the emperor at first instance \nor on appeaL _ A decretum of the emperor was a type \nofimperial constitution. 2. Eccles. law. An ecclesiastical \nlaw, as distingUished from a secular law. See DECRETA. \nPl. decreta. \nDecretum Gratiani (di-kree-tdm gray-shee-ay-m), n. \n[Latin \"Gratian's decree\"] See CONCORDIA DlSCORDAN\nTJUM CANONUM. \ndecriminalization, n. (1945) The legislative act or \nprocess oflegalizing an illegal act <many doctors seek \nthe decriminalization of euthanasia>. Cf. CRIMINAL\nrZATION (1). [Cases: Criminal LawC=> 15.] decrimi\nnalize, vb. \ndecrowning. The act ofdepriving someone ofa crown. \ndecry (di-krI), vb. (17c) To speak disparagingly about \n(someone or something). \nde cujus (dee kYOO-jdS or kI-as). [Latin] From whom. \n-This term is used to designate (1) the person by or \nthrough whom another claimed something, or (2) the \nperson whose legal position is in issue. \nde curia claudenda (dee kyoor-ee-a klaw-den-dd), n. \n[Law Latin \"of enclOSing a court\"] Hist. A writ ordering \na person to build a wall or fence around his or her house \nto avoid disturbing a neighbor. \ndecurio (di-kyoor-ee-oh), n. [Latin \"a decurion\"] Roman \nlaw. A municipal senator belonging to a municipal \ncouncil responsible for managing the internal affairs \nof the municipality. \nde cursu (dee kar-s[y]oo). [Law Latin] Ofcourse. -This \nterm usu. refers to regular, formal proceedings as dis\ntinguished from incidental, summary proceedings. de custode admittendo (dee b-stoh-dee ad-mi-ten\ndoh), n. [Law Latin \"of admitting a guardian\"] Hist. A \nwrit to admit a guardian. \nde custode amovendo (dee kJ-stoh-dee ay-moh-ven\ndoh), n. [Law Latin \"of removing a guardian\"] Hist. A \nwrit to remove a guardian. \nde custodia terrae et haeredis (dee kd-stoh-dee-a ter-ee \net her-J-dis), n. [Law Latin \"of right ofward\"] Hist. A \nwrit allowing a guardian in a knight's service to obtain \ncustody ofan infant ward. \nde debito (dee deb-i-toh), n. [Law Latin \"of debt\"] Hist. A \nwrit ofdebt. -Sometimes shortened to debito. \nde debitore in partes secando (dee deb-i-tor-ee in pahr\nteez si-kan-doh). [Latin \"of cutting a debtor in pieces\"] \nRoman law. The title of a law in the Twelve Tables, \nmeaning either literally to cut a debtor into pieces \nor merely to divide the debtor's estate. See TWELVE \nTABLES. \n\"DE DEBITORE IN PARTES SECANDO .. [Sjome writers contending \nfor the literal signification, while others have supposed it \nto be only a figurative expression .... The latter view has \nbeen adopted by Montesquieu, Bynkershoek, Heineccius \nand Taylor .... The literal meaning, on the other hand, is \nadvocated by Aulus Gellius and other writers of antiquity, \nand receives support from an expression (semoto omni \ncruciatu) in the Roman Code itself .... This is also the \nopinion of Gibbon, Gravina, Pothier, Hugo and Niebuhr.\" \nI Alexander Burrill, A Law Dictionary and Glossary 432 \n(2d ed. 1867). \nde deceptione (dee di-sep-shee-oh-nee), n. [Law Latin \n\"of deceit\"] Hist. A writ available to a party who was \ndeceived and damaged by someone acting in the party's \nname. \nde deoneranda pro rata portionis (dee dee-on-d-ran-dd \nproh ray-ta por-shee-oh-nis), n. [Law Latin \"of the dis\nburdening ofa pro rata share\"] Hist. A writ for someone \nwho is forced to pay rent that others are supposed to \ncontribute to proportionately. \ndedi (dee-dr). [Latin] Hist. I have given. _ Dedi is a con\nveyancing term that implies a warranty of title. Cf. \nCONCESSI. \n\"Dedi is a warranty in law to the feoffee and his heirs: as if \nit be said in a feoffment A. B. hath given and granted, &c. it \nis a warranty.\" Termes de fa Ley 148 (1st Am. ed. 1812). \ndedication, n. (1809) Property. The donation ofland or \ncreation ofan easement for public use. [Cases: Dedica\ntion C=>1-28.] -dedicate, vb. dedicatory, adj. \ncommon-law dedication. (1858) A dedication made \nwithout a statute, consisting in the owner's appropria\ntion ofland, or an easement in it, for the benefit or use \nof the public, and the acceptance, by or on behalf of \nthe land or easement. -Often shortened to dedica\ntion. [Cases: Dedication C=>1-21.] \ndedication by adverse user. (1895) A dedication arising \nfrom the adverse, exclusive use by the public with the \nactual or imputed knowledge and acquiescence of the \nowner. [Cases: Dedication C=>20.J \nexpress dedication. (1836) A dedication explicitly man\nifested by the owner. [Cases: Dedication C=> 17.J \n\nimplied dedication. (1837) A dedication presumed \nby reasonable inference from the owner's conduct. \n[Cases: Dedication C=:> 18-20.] \nstatutory dedication. (1852) A dedication for which \nthe necessary steps are statutorily prescribed, all of \nwhich must be substantially followed for an effective \ndedication. [Cases: Dedication C=:>22.] \ntacit dedication. (1926) A dedication of property for \npublic use arising from silence or inactivity and \nwithout an express agreement. \ndedication and reservation. A dedication made with \nreasonable conditions, restrictions, and limitations. \ndedication day. See DAY. \nde die in diem (dee dJ-ee in dI-am). [Law Latin] From \nday to day; daily. \ndedi et concessi (dee-dI et bn-ses-I). [Law Latin] I have \ngiven and conveyed . These were the words generally \nused to convey a gift. \ndedimus et concessimus (ded-a-mas et kan-ses-i-mds). \n[Law Latin] We have given and granted . These words \nwere used in a conveyance when there was more than \none grantor or when the grant was from the Crown. \ndedimus potestatem (ded-a-m<ls poh-tes-tay-t<lm). [Law \nLatin \"we have given power\"] 1. A commission issuing \nfrom the court before which a case is pending, autho\nrizing a person named in the commission to compel the \nattendance of certain witnesses, to take their testimony \non the written interrogatories and cross-interrogatories \nattached to the commission, to reduce the answers to \nwriting, and to send it sealed to the court issuing the \ncommission. 2. In England, a chancery writ commis\nsioning the persons named in the writ to take certain \nactions, including administering oaths to defendants \nand justices of the peace . The writ was formerly \nused to commission a person to take action such as \nacknowledging a fine and appointing an attorney for \nrepresentation in court. Before the Statute of West\nminster (1285), an attorney could not appear on behalf \nofa party without this writ. -Also termed dedimus \npotestatem de attomo faciendo. \n\"Dedimus potestatem is a writ that lies where a man sues \nin the king's court, or is sued, and cannot well travel, then \nhe shall have this writ directed to some justice, or other \ndiscreet person in the country, to give him power to admit \nsome man for his attorney, or to levy a fine, or to take his \nconfession, or his answer, or other examination, as the \nmatter requires.\" Termes de la Ley 148 (lst Am. ed. 1812). \ndediticii (ded-i-tish-ee-I or dee-di-tI-shee-I), n. pl. \n[Latin \"those who have surrendered\"] Roman law. The \nlowest class of freemen whose members were ineligi\nble for Roman citizenship, including enemies granted \nfreedom in exchange for surrender, or, under the Lex \nAelia Sentia, manumitted slaves convicted of a crime \nin a court, or branded or put in chains by their former \nowners. _ Dediticii who were formerly slaves were not \nallowed to live within 100 miles of Rome. Justinian \nabolished this status. Also spelled dedititii. -Sing. \ndediticius, dedititius. \"Dediticii ... were not reduced to slavery, but to a condition \nquite analogous. They were not allowed to make a will, or \nto take under one; they never obtained Roman citizenship. \nand they could not come within one hundred miles of the \ncity of Rome.\" Andrew Stephenson, A History ofRoman Law \n 119, at 324 (1912). \n\"Slaves who before manumission had been subjected to \ndegrading punishment (e.g, had been branded or made to \nfight in the arena) were given, on manumission, a special \nstatus, viz. that of enemies surrendered at discretion (dedi\nricii). A dediticius, though free and not a slave, had none \nof the rights of a citizen, could never under any circum\nstances better his position (e.g. become a citizen), and was \nnot allowed to live within 100 miles of Rome.\" R.w. Leage, \nRoman Private Law 67 (C.H. Ziegler ed., 2d ed."}
{"text": ".\" R.w. Leage, \nRoman Private Law 67 (C.H. Ziegler ed., 2d ed. 1942). \ndedition (di-dish-<ln), n. [fro Latin deditio \"give up\"] (16c) \nA surrender of something, such as property. \nde diversis regulis juris antiqui (dee di-v~r-sis reg-ya-lis \njoor-is an-tI-kwI). [Latin uof various rules of ancient \nlaw\"] Roman law. The last title in the Digest, containing \n211 maxims. See DIGEST (2). \nde dolo malo (dee doh-loh mal-oh). [Latin] Ofor based \non fraud. See ACTIO DE DOLO MALO. \nde domo reparanda (dee doh-moh rep-a-ran-d<l), n. \n[Law Latin \"to repair a house\"] Rist. A writ ordering a \ncotenant to contribute to the expenses of maintaining \ncommon property. \nDe Donis Conditionalibus (dee doh-nis bn-dish-ee\n;,-nal-i-b<ls). An English statute, enacted in 1285, that \ngave rise to the ability to create a fee tail. Often short\nened to De Donis. -Sometimes written de donis con\nditionalibus. \n\"[Tlhe statute de donis of 13 Edw. I. ... was intended to \ncheck the judicial construction, that had, in a great degree, \ndischarged the conditional fee from the limitation imposed \nby the grant. Under that statute, fees conditional were \nchanged into estates tail. , ... 4 James Kent, Commentar\nies on American Law*444 (George Comstock ed., 11th ed. \n1866). \n\"[Alfter De Donis, the formula 'to A and the heirs of his \nbody' gave to A an estate known as an estate in fee tail. \nBecause A had no power to transfer an estate in fee simple \nabsolute, it became theoretically possible for persons like o to tie up the ownership of land in a single family for \nhundreds of years. We say theoretically possible because by \n1472 a way would be found for the tenant in tail (as A was \ncalled) to transfer an estate in fee simple absolute despite \nDe Donis.\" Thomas F. Bergin & Paul G. Haskell, Preface to \nEstates in Land and Future Interests 29 (2d ed, 1984). \nde dote assignanda (dee doh-tee as-ig-nan-da), n. [Law \nLatin \"for assigning dower\"] Rist. A writ ordering a \nroyal escheater to provide dower to a widow ofa tenant \nholding an estate directly from the Crown. \nde dote unde nil habet (dee doh-tee an-dee nil hay-bet), \nn. [Law Latin \"of dower whereof she has none\"] A writ \nordering a tenant interfering with a widow's right to \ndower to provide a reasonable dower. -Also termed \nwrit ofdower. Cf. UNDE NIHIL HABET. \n\"DE DOTE UNDE NIL HABET. This is a writ of right in its nature .... \nIt must be brought by the widow as demandant, against \nthe tenant of the freehold, that is, the heir or his alienee, \nand its effect is to enable the former to recover from the \nlatter the seisin of a third part of the tenements in demand, \nto be set forth to her in severalty by metes and bounds, \n\n475 deed \ntogether with damages and costs.\" I Alexander M. Burrill, \nA Law Dictionary and Glossary 433 (2d ed. 1867). \ndeductible, adj. Capable ofbeing subtracted, esp. from \ntaxable income. See DEDUCTION (2). \ndeductible, n. (1929) 1. Under an insurance policy, the \nportion of the loss to be borne by the insured before the \ninsurer becomes liable for payment. Cf. SELF-INSURED \nRETENTION. [Cases: Insurance 2523.] \nstraight deductible. A deductible that is a specified, \nfixed amount. \n2. The insurance-policy clause specifying the amount \nof this portion. \ndeduction, n. (I5c) 1. The act or process of subtracting \nor taking away. 2. Tax. An amount subtracted from \ngross income when calculating adjusted gross income, \nor from adjusted gross income when calculating taxable \nincome. -Also termed tax deduction. Cf. EXEMPTION \n(3); TAX CREDIT. [Cases: Internal Revenue (;:::>3270\n3516; Taxation (;:::>3501-3523.] \nadditional standard deduction. (1956) The sum ofthe \nadditional amounts that a taxpayer who turns 65 or \nbecomes blind before the close of the taxable year is \nentitled to deduct. [Cases: Internal Revenue (;:::>3295; \nTaxation (;:::>3501.] \ncharitable deduction. (1925) A deduction for a contri\nbution to a charitable enterprise that has qualified for \ntax-exempt status in accordance with IRC (26 USCA) \n 501{c)(3) and is entitled to be deducted in full by the \ndonor from the taxable estate or from gross income. \nSee CHARITABLE CONTRIBUTION (2); CHARITABLE \nORGANIZATION. [Cases: Internal Revenue (;:::>3337; \nTaxation <>~'3501.] \ndeduction in respect ofa decedent. (I949) A deduc\ntion that accrues to the point of death but is not rec\nognizable on the decedent's final income-tax return \nbecause of the accounting method used, such as an \naccrued-interest expense ofa cash-basis debtor. \nitemized deduction. (1943) An expense (such as a \nmedical expense, home-mortgage interest, or a \ncharitable contribution) that can be subtracted from \nadjusted gross income to determine taxable income. \nmarital deduction. (1949) A federal tax deduction \nallowed for lifetime and testamentary transfers from \none spouse to another. IRC (26 USCA)  2056, 2523. \n[Cases: Internal Revenue (;:::>4169.] \nmiscellaneous itemized deduction. (1955) Generally, \nan itemized deduction ofjob or investment expenses; \na deduction other than those allowable in comput\ning adjusted gross income, those enumerated in IRC \n(26 USCA)  67(b), and personal exemptions . This \ntype of deduction is allowed only to an itemizing \ntaxpayer whose total miscellaneous itemized deduc\ntions exceed a statutory percentage of adjusted gross \nincome. \nstandard deduction. (1944) A specified dollar amount \nthat a taxpayer can deduct from adjusted gross \nincome, instead ofitemizing deductions, to determine taxable income. [Cases: Internal Revenue <.r'::>3295; \nTaxation (;:::::: 3501.] \n3. The portion of a succession to which an heir is \nentitled before a partition. 4. The act or process ofrea\nsoning from general propositions to a specific applica\ntion or conclusion. Cf. INDUCTION (2). deduct (for \nsenses vb. deduce (for sense 4), vb. \ndeduction for new. See NEW-FOR-OLD (1). \ndeduction in respect ofa decedent. See DEDUCTION. \ndeductis debitis (di-d\",k-tis deb-i-tis). [Latin] Hist. The \ndebts being deducted . Before an estate could be ascer\ntained, the debts had to be deducted. \nde ea re ita censuere (dee ee-a ree I-ta sen-s[y]oo-a-ree). \n[Latin] Concerning that matter they have so decreed. \n This phrase was used to record decrees ofthe Roman \nsenate. Abbr. d.e.r.i.c. \ndeed, n. (bef. 12c) 1. Something that is done or carried \nout; an act or action. 2. A written instrument by which \nland is conveyed. 3. At common law, any written instru\nment that is Signed, sealed, and delivered and that \nconveys some interest in property. See special contract \n&contract under seal under CONTRACT. Also termed \n(in senses 2 & 3) evidence oftitle. Cf. CONVEYANCE; BILL \nOF SALE. deed, vb. \n\"A deed is a writing sealed and delivered. For if either a \nparchment without writing be delivered as one's deed, \nyet it is not his deed, though an obligation be afterwards \nwritten in it: or if it be a writing but not sealed at the time of \nthe delivery of it as his deed, it is a scrole and not his deed. \nOr if I make and seal a deed, and the party take it without \nmy delivery. I may plead it is not my deed.\" Sir Henry Finch, \nLaw, or a Discourse Thereof 108 (1759). \n\"What then is a deed? Unfortunately the word is not free \nfrom ambiguity. In the original and technical sense a deed \nis a written instrument under the seal of the party execut\ning it. Because, however, of the wide use of such instru\nments in the conveyance of real estate, it has come to \nmean in popular acceptance any formal conveyance for \nthe transfer of land or of an interest therein. The dual use \nof the term has crept into the language of courts and law \nwriters, so that in the reading of cases it is difficult to \ndetermine whether the word is used in the first and original \nsense, or whether it connotes a formal instrument of the \ntype ordinarily employed for the conveyance of land.\" Ray \nAndrews Brown, The Law of Personal Property  46, at \n118-19 (2d ed. 1955). \n\"All deeds are documents. but not all documents are deeds. \nFor instance, a legend chalked on a brick wall, or a writing \ntattooed on a sailor's back may be documents but they \nare not deeds. A deed is, therefore, a particular kind of \ndocument. It must be a writing and a writing on paper or \nits like, e.g., vellum or parchment. Any instrument under \nseal is a deed if made between private persons. It must be \nsigned, sea/ed, and delivered. A deed must either (al effect \nthe transference of an interest, right or property. or (b) \ncreate an obligation binding on some person or persons, or \n(c) confirm some act whereby an interest, right, or property \nhas already passed.\" Gerald Dworkin, Odgers' Construction \nofDeeds and Stawtes 1 (5th ed. 1967). \nabsolute deed. (17c) A deed that conveys title without \ncondition or encumbrance. -Also termed deed \nabsolute. \nadministrator's deed. A document that conveys \nproperty owned by a person who has died intestate. \n\nbargain-and-sale deed. (1972) A deed that convevs \nproperty to a buyer for valuable consideration b~t \nthat lacks any guarantee from the seller about the \nof the title. See BARGAIN AND SALE. [Cases: \ncomposition deed. A deed reflecting the terms of an \nagreement between a debtor and a creditor to dis\ncharge or adjust a debt. [Cases: Debtor and Creditor \n1O.J \ncounterdeed. A secret deed, executed either before a \nnotary or under a private seal, that voids, invalidates, \nor alters a public deed. \ndeathbed deed. Rare. A deed executed by a grantor \nshortly before death . The grantor need not be aware \nthat he or she is near death when the deed is executed. \nDeeds (;:=68(3), 70(7), 72(2).] \ndeed absolute. See absolute deed. \ndeed in fee. (18c) A deed conveying the title to land in \nfee simple, usu. with covenants. \ndeed in lieu offoreclosure. (1934) A deed by which a \nborrower conveys fee-simple title to a lender in sat\nisfaction of a mortgage debt and as a substitute for \nforeclosure . This deed is often referred to simply as \n\"deed in lieu.\" [Cases: Mortgages ~~293.] \ndeed ofcovenant. (17c) A deed to do something, such \nas a document providing for periodic payments by \none party to another (usu. a charity) for tax-saving \npurposes. The transferor can deduct taxes from the \npayment and, in some cases, the recipient can reclaim \nthe deducted tax. \ndeed ofdistribution. A fiduciary's deed conveying a \ndecedent's real estate. \ndeed ofgift. (16c) A deed executed and delivered \nwithout consideration. -Also termed gratuitous \ndeed. \ndeed of inspectorship. Hist. An instrument reflect\ning an agreement between a debtor and a creditor to \nappoint a receiver to oversee the winding up of the \ndebtor's affairs on behalfof the creditor. \ndeed ofpartition. (18c) A deed that divides land held \nby joint tenants, tenants in common, or coparceners. \n[Cases: Partition (::::;,96.] \ndeed ofreconveyance. A deed conveying title to real \nproperty from a trustee to a grantor when a loan is \nrepaid. Cf. deed oftrust. \ndeed ofrelease. A deed that surrenders full title to a \npiece of property upon payment or performance of \nspecified conditions. \ndeed ofseparation. An instrument governing a spouse's \nseparation and maintenance. [Cases: Husband and \nWife \ndeed ojsettlement. 1. A deed to settle something, \nsuch as the distribution of property in a marriage. \n2. English law. A deed formerly used to form a jOint\nstock company. deed of trust. (17c) A deed conveying title to real \nproperty to a trustee as security until the grantor \nrepays a loan. This type of deed resembles a \nmortgage. -Also termed trust trust indenture; \nindemnity mortgage; common-law mortgage. Cf. deed \nofreconveyance. [Cases: Mortgages (;:=8.] \ndeed poll. (16c) A deed made by and binding on only \none party, or on two or more parties having similar \ninterests. It is so called because, traditionally, the \nparchment was \"polled\" (that is, shaved) so that it \nwould be even at the top (unlike"}
{"text": "\nparchment was \"polled\" (that is, shaved) so that it \nwould be even at the top (unlike an indenture). \nAlso spelled deed-poll. Cf. INDENTURE. \ndeed to lead uses. A common-law deed prepared before \nan action for a fine or common recovery to show the \nobject ofthose actions. \ndeed without covenants. See 'luitclaim deed. \ndefeasible deed. (1802) A deed containing a condition \nsubsequent causing title to the property to revert to \nthe grantor or pass to a third party. \nderivative deed. See secondary conveyance under CON\nVEYANCE. \ndisentailing deed. Hist. A tenant-in-tail's assurance \nthat the estate tail will be barred and converted into \nan estate in fee. The Fines and Recoveries Act (3 \n& 4 Will. 4 ch. 74) introduced this way of barring \nan entail. It authorized nearly every tenant in tail, if \ncertain conditions were met, to dispose ofthe land in \nfee simple absolute and thus to defeat the rights ofall \npersons claiming under the tenant. \ndonation deed. A deed granted by the government to \na person who either satisfies the statutory conditions \nin a donation act or redeems a bounty-land warrant. \nSee DONATION ACT; BOUNTY-LAND WARRANT. [Cases: \nPublic Lands (;:=42.J \nfull-covenant-and-warranty deed. See warranty \ndeed. \ngeneral warranty deed. See warranty deed. \ngift deed. (1864) A deed given for a nominal sum or for \nlove and affection. \ngood deed. A deed that conveys good title as opposed \nto a deed that is merely good in form. Also termed \nlawful deed. \ngrant deed. (1891) A deed containing, or having implied \nby law, some but not all of the usual covenants oftitle; \nesp., a deed in which the grantor warrants that he or \nshe (1) has not previously conveyed the estate being \ngranted, (2) has not encumbered the property except \nas noted in the deed, and (3) will convey to the grantee \nany title to the property acquired after the date of \nthe deed. \ngratuitous deed. See deed ofgift. \ninclusive deed. See inclusive grant under GRANT. \nindented deed. See INDENTURE (2). \nlatent deed. A deed kept in a strongbox or other secret \nplace, usu. for 20 years or more. \n\nlawful deed. See good deed. \nmineral deed. A conveyance of an interest in the \nminerals in or under the land. [Cases: Mines and \nMinerals \nmortgage deed. The instrument creating a mortgage. _ \nA mortgage deed typically must contain (1) the name \nofthe mortgagor, (2) words of grant or conveyance, (3) \nthe name ofthe mortgagee, (4) a property description \nsufficient to identify the mortgaged premises, (5) the \nmortgagor's signature, and (6) an acknowledgment. \nTo be effective and binding, a mortgage deed must \nalso be delivered. [Cases: Mortgages ~42.1 \nonerous deed. Scots law. A deed given in exchange for \na valuable consideration, often as part of a marriage \nsettlement. \nquitclaim deed. (I8c) A deed that conveys a grantor's \ncomplete interest or claim in certain real property \nbut that neither warrants nor professes that the title is \nvalid. Often shortened to quitclaim. -Also termed \ndeed without covenants. Cf. warranty deed. [Cases: \nDeeds 121.] \n\"A quitclaim deed purports to convey only the grantor's \npresent interest in the land, if any, rather than the land \nitself. Since such a deed purports to convey whatever \ninterest the grantor has at the time, its use excludes any \nimplication that he has good title, or any title at all. Such a \ndeed in no way obligates the grantor. If he has no interest, \nnone will be conveyed. If he acquires an interest after exe\ncuting the deed, he retains such interest. If, however, the \ngrantor in such deed has complete ownership at the time \nof executing the deed, the deed is suffiCient to pass such \nownership. .. A seller who knows that his title is bad or \nwho does not know whether his title is good or bad usually \nuses a quitclaim deed in conveying.\" Robert Kratovil, Real \nEstate Law49 (6th ed. 1974). \nrelease deed. A deed that is issued once a mortgage has \nbeen discharged, explicitly releasing and reconveying \nto the mortgagor the entire interest conveyed by an \nearlier deed of trust. -Also termed reconveyance; \nsatisfaction; release. [Cases: Mortgages ~309.1 \nsheriff's deed. A deed that gives ownership rights in \nproperty bought at a sheriff's sale. [Cases: Execution \n(;::3031 \nspecial warranty deed. (1808) 1. A deed in which the \ngrantor covenants to defend the title against only \nthose claims and demands of the grantor and those \nclaiming by and under the grantor. [Cases: Covenants \n67.1 2. In a few jurisdictions, a quitclaim deed. \nCf. warranty deed. [Cases: Deeds ~25, 12Ll \nstatutory deed. (1832) A warranty-deed form pre\nscribed by state law and containing certain warran\nties and covenants even though they are not included \nin the printed form. \nsupport deed. A deed by which a person (usu. a parent) \nconveys land to another (usu. a son or daughter) with \nthe understanding that the grantee will support the \ngrantor for life. _ Support deeds often result in liti\ngation. \ntax deed. A deed showing the transfer of title to real \nproperty sold for the nonpayment of taxes. See office grant under GRANT; tax sale under SALE. Cf. TAX CER\nTIFICATE. [Cases: Taxation \ntitle deed. (18c) A deed that evidences a person's legal \nownership of property. See TITLE. \ntrust deed. See deed oftrust. \nwarranty deed. (1802) A deed containing one or more \ncovenants oftide; esp., a deed that expressly guaran\ntees the grantor's good, clear title and that contains \ncovenants concerning the quality of title, includ\ning warranties of seisin, quiet enjoyment, right to \nconvey, freedom from encumbrances, and defense \nof title against all claims. Also termed general \nwarranty deed;full-covenant-and-warranty deed. See \nWARRANTY (1). Cf. quitclaim deed; special warranty \ndeed. [Cases: Covenants 0'='46-48, 67.J \nwild deed. (1914) A recorded deed that is not in the \nchain oftitle, usu. because a previous instrument con\nnected to the chain of title has not been recorded. \ndeed box. Archaic. A box in which deeds of land title \nare traditionally kept. _ Such a box is considered an \nheirloom in the strict sense. See HEIRLOOM (1). \ndeed ofagency. A revocable, voluntary trust for payment \nofa debt. \ndeed of crime. See ACTUS REGS. \ndeed of feoffment. See FEOFFMENT (3). \ndeep of inspectorship. See DEED. \ndeed of reconveyance. See DEED. \ndeed of trust. See DEED. \nde ejectione custodiae (dee ee-jek-shee-oh-nee bs\ntoh-dee-ee). [Latin \"ejectment of a ward\"] Rist. A writ \navailable to a guardian after being ejected from the \nward's land during the ward's minority. -The writ lay \nto recover the land or person of the ward, or both. The \nFrench equivalent was ejectment de garde. \nde ejectione firmae (dee ee-jek-shee-oh-nee f3r-mee). \n[Latin \"ejectment of farm\"] Rist. A writ or action of \ntrespass to obtain the return of lands or tenements to \na lessee for a term of years that had been ousted by the \nlessor or by a reversioner, remainderman, or stranger. \n_ The lessee was then entitled to a writ of ejection to \nrecover, at first, damages for the trespass only, but later \nthe term itself, or the remainder of it, with damages. \nThis action is the foundation of the modern action of \nejectment. See EJECTMENT. \n\"A writ then of ejectione firmae, or action of trespass in \nejectment, lieth, where lands or tenements are let for a \nterm of years; and afterwards the lessor, reverSioner, \nremainder-man, or any stranger, doth eject or oust the \nlessee of his term. In this case he shall have his writ of \nejection, to call the defendant to answer for entering on \nthe lands so demised to the plaintiff for a term that is not \nyet expired, and ejecting him. And by this writ the plaintiff \nshall recover back his term, or the remainder of it, with \ndamages.\" 3 William Blackstone, Commentaries on the Laws \nofEngland 199 (1768). \ndeem, vb. (bef. 12c) 1. To treat (something) as if (1) it \nwere really something else, or (2) it has qualities that it \ndoes not have <although the document was not in fact \n\n478 deemed transferor \nsigned until April 21, it explicitly states that it must \nbe deemed to have been signed on April 14>. 2. To \nconsider, think, or judge <she deemed it necessary>. \n'''Deem' has been traditionally considered to be a useful \nword when it is necessary to establish a legal fiction either \npositively by 'deeming' something to be what it is not or \nnegatively by 'deeming' something not to be what it is.... \nAll other uses of the word should be avoided .... Phrases \nlike 'if he deems fit' or 'as he deems necessary' or 'nothing \nin this Act shall be deemed to .. .' are objectionable as \nunnecessary deviations from common language. 'Thinks' \nor 'considers' are preferable in the first two examples and \n'construed' or 'interpreted' in the third.... 'Deeming' \ncreates an artificiality and artificiality should not be \nresorted to if it can be avoided,\" G.c. Thornton, Legislative \nDrafting 99 (4th ed. 1996). \ndeemed transferor. (1988) Tax. A person who holds an \ninterest in a generation-skipping trust on behalf of a \nbeneficiary, and whose death will trigger the imposi\ntion of a generation-skipping transfer tax . A deemed \ntransferor is often a child ofthe settlor. For example, a \ngrandfather could establish a trust with income payable \nfor life to his son (who, because he is only one genera\ntion away from his father, is also known as a nonskip \nperson) with the remainder to his grandson, a bene\nficiary also known as the skip person. When the son \ndies, the trust will be included in his gross estate for \ndetermining the generation-skipping transfer tax. IRC \n(26 USCA)  2601-2663. See GENERATION-SKIPPING \nTRANSFER; generation-skipping transfer tax under TAX; \ngeneration-skipping trust under TRUST; SKIP PERSON; \nNONSKIP PERSON. \ndeep issue. See ISSUE (1). \ndeep link. Intellectual property. A Web-page hyperlink \nthat, when clicked, opens a page on another website \nother than that site's home page. Some plaintiffs \nhave argued, with mixed success, that bypassing their \nhome page in this manner deprives them of advertising \nrevenue. Deep linking does not violate copyright ifthe \nportal provided does not copy any of the linked page's \ncontent. And if there is no confusion about the source \nof the information, deep linking does not constitute \nunfair competition. \ndeep pocket. (1975) 1. (pl.) Substantial wealth and \nresources <the plaintiff nonsuited the individuals and \ntargeted the corporation with deep pockets>. 2. A \nperson or entity with substantial wealth and resources \nagainst which a claim may be made or a judgment may \nbe taken <that national insurance company is a favorite \ndeep pocket among plaintiff's lawyers>. \nDeep Rock doctrine. Bankruptcy. The principle by which \nunfair or inequitable claims presented by controlling \nshareholders of bankrupt corporations may be subor\ndinated to claims of general or trade creditors . The \ndoctrine is named for a corporation that made fraud\nulent transfers to its parent corporation in Taylor v. \nStandard Gas & Elee. Co., 306 U.S. 307, 59 S.Ct. 543 \n(1939). [Cases: BankruptcyC=>2968.] \nde escaeta (dee es-kee-t;), n. [Law Latin \"of escheat\"] \nHist. A writ authorizing a lord to recover land when the \nlord's tenant died without an heir. See ESCHEAT. de-escalation clause. A contractual provision to decrease \nthe price of something if specified costs decrease. Cf. \nESCALATOR CLAUSE (1). \nde escambio monetae (dee es-kam-bee-oh m;)-nee-tee), \nn. [Law Latin \"of exchange of money\"] Hist. A writ \nauthorizing a merchant to prepare a bill of exchange. \nde essendo quietum de theolonio (dee e-sen-doh kWI\nee-t;)m dee thee-;)-loh-nee-oh), n. [Law Latin \"of being \nquit of toll\"] Hist. A writ authorizing a person who is \nexempt from paying a toll to enforce the exemption \nwithout harassment. Also spelled de essendo quietum \nde tolonio. \nde essentia (dee e-sen-shee-;). [Law Latin] Hist. Of the \nessence; essential. \nde essonio de malo leeti (dee e-soh-nee-oh dee mal-oh \nlek-tr), n. [Law Latin \"of essoin ofmalum lecti (sickness \nofbed)\"] Hist. A writ ordering a determination whether \na person is truly sick after the person has issued an"}
{"text": "(sickness \nofbed)\"] Hist. A writ ordering a determination whether \na person is truly sick after the person has issued an \nessoin claiming sickness as an excuse for not appear\ning in court. \nde estoveriis habendis (dee es-t<)-veer-ee-is h<)-ben\ndis), n. [Law Latin \"for haVing estovers\"] Hist. A writ \nallowing a wife divorced a mensa et thoro (\"from bed \nand board\") to recover alimony or estovers. -Often \nshorted to estoveriis habendis. \n\"In case of divorce a mensa et thoro, the law allows alimony \nto the wife which is that allowance, which is made to a \nwoman for her support out of her husband's estate; being \nsettled at the discretion of the ecclesiastical judge, on \nconsideration of all the circumstances of the case. This \nis sometimes called her estovers for which, if he refuses \npayment, there is; (besides the ordinary process of excom\nmunication) a writ at common law de estoveriis habendis, \nin order to recover it .... It is generally proportioned to \nthe rank and quality of the parties. But in case of elope\nment, and living with an adulterer, the law allows her no \nalimony.\" 1 William Blackstone, Commentaries on the Laws \nof England 429 (1765). \nde estrepamento (dee e-strep-;)-men-toh), n. [Law \nLatin \"of enstrepment\"] Hist. A writ to prevent waste \nby a tenant while a suit to recover the land is pending \nagainst the tenant.  Because this writ was only auxil\niary to a real action to recover land, and because equity \nafforded the same relief by injunction, the writ fell into \ndisuse and was abolished by 3 & 4 Will. 4, ch. 27. \nAlso termed writ ofestrepement. See ESTREPEMENT. \nde eu et trene (d;) yoo ay trayn). [French] Hist. Of water \nand whip ofthree cords . This term referred to a neife \nwho, as a servant, could be corporally punished. See \nNEIPE. \nde eve et de treve (d;) ev ay d;) trev). [Law French] Hist. \nFrom grandfather and great-grandfather's great-grand\nfather. This phrase described the ancestral rights of \nlords to their villeins. \nde excommunicato capiendo (dee eks-k;)-myoo-ni\nkay-toh kap-ee-en-doh), n. [Law Latin \"for taking an \nexcommunicated person\"] Hist. Eccles. law. A writ \nordering a sheriff to imprison an excommunicated \nperson until the person reconciled with the church . \n\n479 \nIt was replaced by the writ de contumace capiendo. See \nDE CONTUMACE CAPIE:-mo. \nde excommunicato deliberando (dee eks-b-myoo-ni\nkay-toh di-lib-;)-ran-doh), n. [Law Latin \"for delivering \nan excommunicated person\"] Hist. Eccles. law. A writ \nreleasing an excommunicated person from prison upon \na certification by the person's superior that the person \nhas reconciled with the church. \nde excommunicato recapiendo (dee eks-k;)-myoo-ni\nkay-toh ri-kap-ee-en-doh), n. [Law Latin \"for retaking \nan excommunicated person\"] Hist. Eccles. law. A writ \nordering the rearrest of an excommunicated person \nwho had been released but had not reconciled with the \nchurch or given security for a reconciliation. \nde excusationibus (dee ek-skyoo-zay-shee-oh-ni-b;Js). \n[Latin \"of excuses\"] Roman law. The first title of the \n27th book of the Digest, containing a person's legal \nexcuses from serving as tutor or curator .  It is pri\nmarily drawn from the Greek work ofHerennius Mod\nestinus. See DIGEST (2). \nde executione facienda in withernamium (dee ek-s;l\nkyoo-shee-oh-nee fay-shee-en-d;l in with-;lr-nay\nmee-;Jm), n. [Law Latin \"for making execution in \nwithernam\"] Hist. A writ ofexecution in withernam . \nThis is a type ofcapis in withernam directing the sheriff \nto take from the defendant goods equal in value to the \ngoods that the defendant took from the plaintiff. \nde executione judicii (dee ek-s;l-kyoo-shee-oh-nee joo\ndish-ee-l), n. [Law Latin \"of execution of judgment\"] \nHist. A writ ordering a sheriff or bailiff to execute a \njudgment. \nde exemplificatione (dee ig-zem -pli -fi-kay-shee-oh -nee), \nn. [Law Latin \"of exemplification\"] A writ ordering the \ntranscription ofan original record. \nde exoneratione sectae (dee ig-zon-a-ray-shee-oh-nee \nsek-tee), n. [Law Latin \"of exoneration of suit\"] Hist. A \nwrit exempting the king's ward from being sued in any \ncourt lower than the Court of Common Pleas (such as \na county court, hundred court, leet, or court baron) \nduring the time of the wardship. \nde expensis civium et burgensium (dee ek-spen-sis siv\nee-am et b;Jr-jen-see-am), n. [Law Latin \"for levying \nthe expenses of burgesses\"] Hist. A writ ordering the \nsheriff to levy the expenses ofeach citizen and burgess \nof Parliament. \nde expensis militum levan dis (dee ek-spen-sis mil-;)- tam \nl;l-van-dis), n. [Law Latin \"for levying the expenses of \nknights\"] Hist. A writ ordering the sheriff to levy an \nallowance for knights of the shire in Parliament. \ndeface (di-fays), vb. (14c) 1. To mar or destroy (a written \ninstrument, signature, or inscription) by obliteration, \nerasure, or superinscription. 2. To detract from the \nvalue of (a coin) by punching, clipping, cutting, or \nshaving. 3. To mar or injure (a building, monument, \nor other structure). defacement, n. \ndefacere. See DIFFACERE. defamation \nde facto (di fak-toh also dee or day), adj. [Law Latin \"in \npoint of fact\"] (17c) 1. Actual; existing in fact; having \neffect even though not formally or legally recognized \n<a de facto contract> 2. Illegitimate but in effect <a de \nfacto government>. Cf. DE JURE. \nde facto adoption. See ADOPTION. \nde facto blockade. See BLOCKADE. \nde facto contract ofsale. See CONTRACT. \nI de facto corporation. See CORPORATION. \nde facto court. See COURT. \nde facto dissolution. See DISSOLUTION. \nde facto father. See de facto parent under PARENT. \nde facto government. See GOVER):!MENT. \nde facto judge. See JUDGE. \nde facto marriage. See MARRIAGE (1). \nde facto merger. See MERGER. \nde facto mother. See de facto parent under PARENT. \nde facto officer. See officer de facto under OFFICER (1). \nde facto parent. See PARENT. \nde facto segregation. See SEGREGATION. \nde facto stepparent adoption. See second-parent \nadoption under ADOPTIO):!. \nde facto taking. See TAKING (2). \ndefalcation (dee-fal-kay-shan), n. (15c) 1. EMBEZZLE\nMENT. 2. Loosely, the failure to meet an obligation; \na nonfraudulent default. 3. Archaic. A deduction; a \nsetoff. -defalcate (di-fal-kayt or dee-), vb. -defal\ncator, n. \ndefalk (di-fawlk), vb. Archaic. To deduct (a debt); to set \noff (a claim). \nde falso judicio (dee fal-soh or fawl-soh joo-dish-ee-oh), \nn. [Law Latin \"of false judgment\"] Hist. A writ of false \njudgment; a writ to reverse an inferior court's ruling. \nde falso moneta (dee fal-soh or fawl-soh mah-nee-ta), \nn. [Law Latin \"of false money\"1 Hist. The statute of \nEdward I providing that persons importing certain \ncoins (called \"pollards\" and crokards\") would forfeit \nboth their goods and their lives. \ndefamacast (di-fam-a-kast). (1997) Defamation by tele\nvision or radio broadcast . The word was first used \nin American Broadcasting-Paramount Theatres, Inc. \nv. Simpson, 126 S.E.2d 873, 879 (Ga. Ct. App. 1962). \nAlthough Prosser called it \"a barbarous word\" (William \nProsser, The Law ofTorts 753 [4th ed. 1971]), another \nauthority has said'that \"[t1he word seems to be quite \napt\" (Laurence H. Eldredge, The Law ofDefamation \n 12, at 77 [1978]). See DEFAMATION. \ndefamation, n. (14c) 1. The act of harming the reputa\ntion of another by making a false statement to a third \nperson . Ifthe alleged defamation involves a matter of \npublic concern, the plaintiff is constitutionally required \nto prove both the statement's falsity and the defen\ndant's fault. 2. A false written or oral statement that \ndamages another's reputation. See LIBEL; SLANDER. Cf. \n\n480 defamation privilege \nDISPARAGEMENT. [Cases: Libel and Slander ~1] \ndefame, vb. \n\"Defamation is the publication of a statement which \ntends to lower a person in the estimation of rightthinking \nmembers of society generally; or which tends to make \nthem shun or avoid that person.\" P.H. Winfield, A Textbook \nof the Law of Tort  72, at 242 (5th ed. 1950). \n\"The wrong of defamation consists in the publication of a \nfalse and defamatory statement concerning another person \nwithout lawful justification. That person must be in being. \nHence not only does an action of defamation not survive \nfor or against the estate of a deceased person, but a state\nment about a deceased or unborn person is not actionable \nat the suit of his relatives, however great their pain and \ndistress, unless the statement is in some way defamatory \nofthem.\" R.F.V. Heuston, Salmond on the Law ofTorts 138 \n(17th ed. 1977). \n\"For entirely too long a period of time, English and \nAmerican law have recognized two distinct kinds of defa\nmation based solely on the form in which it is published. \nOral defamation is slander; written defamation is libel. \nLibel is a crime and a tort which subjects the defamer to \ntort liability without proof of special damages. Slander is \nnot a common law crime and, with certain exceptions, does \nnot subject the defamer to liability unless there is proof of \nspecial damages. Under this distinction in form alone the \ndefamatory letter read only by its addressee and burned to \nashes after being read is a more serious defamation than \na defamatory statement spoken to an audience of 3,000 \ncommunity leaders and molders of public opinion. This is \nutterly absurd and completely indefensible ....\" Laurence \nH. Eldredge, The Law ofDefamation  12, at 77 (1978). \n\"Defamation ... is involved in two related harms, libel and \nslander. A familiar statement is that libel is written whereas \nslander is oral. This covers the idea in a general way but \ntends to mislead because defamation may be published \nwithout the use of words and hence be neither written nor \noral. Thus libel may be perpetrated by hanging a person in \neffigy and slander, by sign or gesture.\" Rollin M. Perkins & \nRonald N. Boyce, Criminal Law489 (3d ed. 1982). \ndefamation per quod. (1915) Defamation that either \n(1) is not apparent but is proved by extrinsic evidence \nshowing its injurious meaning or (2) is apparent but is \nnot a statement that is actionable per se. [Cases: Libel \nand Slander ~33.] \ndefamation per se. (1928) A statement that is defama\ntory in and ofitself and is not capable ofan innocent \nmeaning. [Cases: Libel and Slander ~33.] \ntrade defamation. The damaging of a business by a \nfalse statement that tends to diminish the reputation \nof that business. Trade defamation may be trade \nlibel if it is recorded, or trade slander if it is not. \nAlso termed commercial defamation. Cf. TRADE DIS\nPARAGEMENT. [Cases: Libel and Slander ~130.] \ndefamation privilege. See litigation privilege under \nPRIVILEGE (1). \ndefamatory, adj. (16c) (Of a statement or communica\ntion) tending to harm a person's reputation, usu. by \nsubjecting the person to public contempt, disgrace, or \nridicule, or by adversely affecting the person's business. \n[Cases: Libel and Slander ~6-14.] \n\"A communication is defamatory if it tends so to harm the \nreputation of another as to lower him in the estimation of \nthe community or to deter third persons from associating \nor dealing with him.\" Restatement (First) of Torts  559 \n(1938). \"No exhaustive definition of 'defamatory' emerges from \nthe cases for, as Lord Reid once said, it is not for the judges \nto 'frame definitions or to lay down hard and fast rules. It \nis their function to enunciate principles and much that they \nsay is intended to be illustrative or explanatory and not to \nbe definitive' [Cassell & Co. Ltd. v. Broome (1972) AC 1027, \n1085]. One can nevertheless achieve a working descrip \ntion by combining two statements, namely: a defamatory \nstatement is one which injures the reputation of another \nby exposing him to hatred, contempt, or ridicule, or which \ntends"}
{"text": "one which injures the reputation of another \nby exposing him to hatred, contempt, or ridicule, or which \ntends to lower him in the esteem of right-thinking members \nof society.\" R.w.M. Dias & B.S. Markesinis, Tort Law423-24 \n(2d ed. 1989). \ndefamatory communication. See DEFAMATORY STATE\nMENT. \ndefamatory libel. See LIBEL (1). \ndefamatory propaganda. See PROPAGANDA. \ndefamatory statement. A statement that tends to injure \nthe reputation ofa person referred to in it.  The state\nment is likely to lower that person in the estimation \nof reasonable people and in particular to cause that \nperson to be regarded with feelings of hatred, contempt, \nridicule, fear, or dislike. -Also termed defamatory \ncommunication. [Cases: Libel and Slander ~6-14.] \ndefames (di-fay-meez or di-fahm), adj. [Law French] \nInfamous. \ndefault (di-fawlt also dee-fawlt), n. (13c) The omission \nor failure to perform a legal or contractual duty; esp., \nthe failure to pay a debt when due. [Cases: Contracts \n~312, 315.] \ndefault (di-fawlt), vb. 1. To be neglectful; esp., to fail to \nperform a contractual obligation. 2. To fail to appear \nor answer. 3. To enter a default judgment against (a \nlitigant). \ndefaultant (di-fawl-tant), adj. In default; having \ndefaulted. See DEFAULTER. \ndefaulter. 1. A person who is in default. 2. A person who \nmisappropriates or fails to account for money held \nin the person's official or fiduciary capacity. -Also \ntermed defaultant. \ndefault judgment. (16c) 1. A judgment entered against a \ndefendant who has failed to plead or otherwise defend \nagainst the plaintiff's claim. [Cases: Federal Civil Pro\ncedure ~2411; Judgment ~92.] 2. A judgment \nentered as a penalty against a party who does not \ncomply with an order, esp. an order to comply with \na discovery request. See Fed. R. Civ. P. 55(b). -Also \ntermed judgment by default. See JUDGMENT. [Cases: \nFederal Civil Procedure ~1278, 2820; Pretrial Pro\ncedure ~46.] \nnil-dicit default judgment (nil dI-sit). [Latin \"he says \nnothing\"] (2002) A judgment for the plaintiff entered \nafter the defendant fails to file a timely answer, often \nafter the defendant appeared in the case by filing a \npreliminary motion. -Often shortened to nihil \ndicit. -Also termed nihil-dicit default judgment; \njudgment by nil dicit. [Cases: Judgment ~106.] \nno-answer default judgment. (1979) A judgment for \nthe plaintiff entered after the defendant fails to timely \n\n481 \nanswer or otherwise appear. [Cases: Judgment cp \n106.J \npost-answer default judgment. (l979) A judgment \nfor the plaintiff entered after the defendant files an \nanswer, but fails to appear at trial or otherwise provide \na defense on the merits. [Cases: Judgment 109.] \ndefault jurisdiction. See JURISDICTION. \ndefault of issue. See FAILURE OF ISSUE. \ndefault rule. See RULE (1). \ndefeasance (di-feez-;mts), n. (I5c) 1. An annulment or \nabrogation; VOIDANCE. 2. The fact or an instance of \nbringing 'an estate or status to an end, esp. by condi\ntiona I limitation. 3. A condition upon the fulfillment of \nwhich a deed or other instrument is defeated or made \nvoid; a contractual provision containing such a condi\ntion. -Also termed defeasance clause. 4. Hist. A col\nlateral deed made simultaneously with a conveyance \nand containing a condition by which the main deed \nmight be defeated or made void. Also spelled defea\nzance. -defease, vb. \n\"A defeazance is a collateral deed, made at the same time \nwith a feoffment or other conveyance, containing certain \nconditions, upon the performance ofwhich the estate then \ncreated may be defeated or totally undone.\" 2 William Black\nstone, Commentaries on the Laws ofEngland 327 (1766). \ndefeasance clause. A mortgage provision stating that the \nconveyance to the mortgagee will be ineffective if the \nmortgagor pays the debt on time. See DEFEASANCE (3). \n[Cases: Mortgages \ndefeasible, adj. (16c) (Of an act, right, agreement, or \nposition) capable of being annulled or avoided <defeasi\nble deed>. Seefee simple defeasible under FEE SIMPLE. \ndefeasibility, n. \ndefeasible deed. See DEED. \ndefeasible estate. See ESTATE (1). \ndefeasible fee simple. Seefee simple defeasible under FEE \nSIMPLE. \ndefeasible interest. See INTEREST (2). \ndefeasible remainder. See REMAINDER. \ndefeasible title. See TITLE (2). \ndefeasive, adj. Rare. Capable of defeating <a counter\nclaim defeasive of the plaintiffs right to recovery>. \ndefeat, vb. 1. To deprive (someone) of something \nexpected, usu. by an antagonistic act <to defeat the \nopponent in an election>. 2. To annul or render (some\nthing) void <to defeat title>. 3. To vanquish; to conquer \n(someone or something) <to defeat the armies>. 4. To \nfrustrate (someone or something) <the expenditures \ndefeat the bill's purpose>. \ndefect, n. (15c) An imperfection or shortcoming, esp. \nin a part that is essential to the operation or safety of \na product. -defective, adj. [Cases: Products Liability \n(::=> 119.] \napparent defect. See patent defect. \ndesign defect. (1954) An imperfection occurring when \nthe seller or distributor could have reduced or avoided defect of form \na foreseeable risk of harm by adopting a reasonable \nalternative deSign, and when, as a result of not using \nthe alternative, the product or property is not reason\nably safe. Cf. manufacturing defect. [Cases: Products \nLiability 128.] \nfatal defect. (18c) A serious defect capable of nullify\ning a contract. \nhidden defect. (1896) A product imperfection that is \nnot discoverable by reasonable inspection and for \nwhich a seller or lessor is liable if the flaw \ncauses harm. -Upon discovering a hidden defect, \na purchaser may revoke a prior acceptance. UCC \n 2-608(l)(b). -Also termed latent defect; inherent \ndefect. [Cases: Sales \nlatent defect. See hidden defect. \nmanufacturing defect. (l925) An imperfection in a \nproduct that departs from its intended design even \nthough all possible care was exercised in its assembly. \nCf. design defect. Products Liability (::=> 125.] \nmarketing defect. (1980) 1. The failure to adequately \nwarn of a potential risk of harm that is known or \nshould have been known about a product or its fore\nseeable use. 2. The failure to adequately instruct \nthe user about how to use a product safely. [Cases: \nProducts Liability \npatent defect. (1827) A defect that is apparent to a \nnormally observant person, esp. a buyer on a reason\nable inspection. Also termed apparent defect. \nproduct defect. (l967) An imperfection in a product \nthat has a manufacturing defect or design defect, or is \nfaulty because ofinadequate instructions or warnings. \nSee manufacturing defect; design defect; marketing \ndefect. [Cases: Products LiabilityC= 122.] \ndefective, adj. (14c) 1. (Of a position, right, act, or \nprocess) lacking in legal sufficiency <defective execu\ntion of documents> <defective service of process>. 2. \n(Of a product) containing an imperfection or short\ncoming in a part essential to the product's safe opera\ntion <defective wiring caused the accident>. [Cases: \nProducts Liability ~~119.] \ndefective condition. (1823) An unreasonably danger\nous state that might well cause physical harm beyond \nthat contemplated by the ordinary user or consumer \nwho purchases the product. See PRODUCTS LIABILITY. \n[Cases: Products LiabilityG~ ll9.] \ndefective performance. See PERFORMANCE. \ndefective pleading. See PLEADING (1). \ndefective process. See PROCESS. \ndefective product. See PRODUCT. \ndefective record. See RECORD. \ndefective title. See TITLE (2). \ndefective trust. See TRUST. \ndefective verdict. See VERDICT. \ndefect of form. (17c) An imperfection in the style, \nmanner, arrangement, or nonessential parts of a legal \n\n482 defect of parties \ndocument, as distinguished from a substantive defect. \nCf. DEFECT OF SUBSTANCE. \ndefect ofparties. (18c) A failure to include all indispens\nable parties in a lawsuit. [Cases: Federal Civil Proce\ndure (::::>384; Parties (::::>77,81.] \ndefect of reason. Archaic. l. Mental illness. 2. Mental \nretardation. \ndefect of substance. (18c) An imperfection in the sub\nstantive part of a legal document, as by omitting an \nessential term. Cf. DEFECT OF FORM. \ndefectus (di-fek-tJs), n. [fr. Latin deficere \"to be defi\ncient\"] Hist. A defect; a deficiency. \ndefectus sanguinis (di-fek-tJs sang-gwi-nis). [Latin \n\"defect of blood\"] Hist. A failure ofissue, often result\ning in an escheat. See ESCHEAT. \ndefence. See DEFENSE. \ndefend, vb. (14c) l. To deny, contest, or oppose (an alle\ngation or claim) <the corporation vigorously defended \nagainst the shareholder's lawsuit>. 2. To represent \n(someone) as an attorney <the accused retained a well\nknown lawyer to defend him>. \ndefendant (di-fen-dJnt). (14c) A person sued in a civil \nproceeding or accused in a criminal proceeding. -\nAbbr. D. Cf. PLAINTIFF. \nJohn Doe defendant. An anonymous defendant labeled \n\"John Doe\" because the plaintiff does not, at the time \nof filing suit, know the person's name. John Doe \ndefendants are common in several situations, such as \npolice-brutality lawsuits in which the plaintiff does \nnot know the names of the officers allegedly at fault, \nand in some copyright-infringement lawsuits where \ndefendants are identified only by Internet addresses. \nSee JOHN DOE. [Cases: Federal Civil Procedure (::::> \n101; Parties (::::>73.] \ntarget defendant. In a case with multiple defendants, \nthe one whom the plaintiff considers the primary \nsource for any recovery ofdamages. Among several \ndefendants, one is usu. the most blameworthy or has \nthe most insurance or greatest assets, or both. \ndefendant in error. (I8c) Archaic. In a case on appeal, \nthe prevailing party in the court below. See APPELLEE; \nRESPONDENT (1). \ndefendant score. (1982) A number taken from an estab\nlished scale, indicating the relative seriousness of the \ndefendant's criminal history. Cf. CRIME SCORE. \ndefendant's gain. (1882) The amount of money or \nthe value of property that a criminal defendant has \nobtained by committing a crime . Some states, such as \nNew York, consider the defendant's gain when assess\ning a criminal fine or ordering restitution. \ndefendemus (di-fen-dJ-mJs). [fro Latin defendere] We \nwill defend . This term was used in conveyancing to \nrequire the donor and the donor's heirs to defend the \ndonee against any attempted encumbrance not spe\ncifically agreed to. Although defendemus was not a warranty, it became part of the warranty clause \"shall \nand will warrant and forever defend.\" \ndefender. l. One who defends, such as the defendant in a \nlawsuit, a person using self-defense, or defense counsel. \n2. PUBLIC DEFENDER. \ndefendere (di-fen-dJ-ree), vb. [Law Latin] To deny; to \ndefend. \ndefendere se per corpus suum (di-fen-dJ-ree see pJr \nkor-PJs s[y]oo-Jm), vb. [Law Latin \"to defend himself \nby his own body\"] Hist. To agree to a trial by judicial \ncombat; to agree to a duel. \ndefendere unica manu (di-fen-dJ-ree yoo-nJ-kJ man\nyoo), n. [Law Latin \"to defend with one hand\"] Hist. A \ndenial ofan accusation under oath. \nDefender of the Faith. See DEFENSOR FIDEI. \ndefendour (day-fon-duur), n. [Law French] Hist. A defen\ndant; the party accused in an appeal. \ndefeneration (dee-fen-J-ray-shJn), n. [fro Latin de \"of\" + \nfoenero \"to lend upon usury\"] Hist. The act of lending \nmoney at a usurious interest rate. \ndefenestration (dee-fen-J-stray-shJn). (17c) The act of \nthrowing someone or something out a window. \ndefenestrate, vb. \ndefense (di-fen[t]s). (16c) l. A defendant's stated reason \nwhy the plaintiff or prosecutor has no valid case; esp., \na defendant's answer, denial, or plea <her defense was \nthat she was 25 miles from the building at the time of \nthe robbery>. [Cases: Criminal Law (::::>31.] \n\"Defence is defined to be that which is alleged by a party \nproceeded against in an action or suit, as a reason why \nthe plaintiff should not recover or establish that which he \nseeks by his complaint or petition.\" Edwin E. Bryant, The \nLaw"}
{"text": "should not recover or establish that which he \nseeks by his complaint or petition.\" Edwin E. Bryant, The \nLaw of Pleading Under the Codes of Civil Procedure 240 \n(2d ed. 1899). \naffirmative defense. (1837) A defendant's assertion of \nfacts and arguments that, if true, will defeat the plain\ntiff's or prosecution's claim, even ifall the allegations \nin the complaint are true . The defendant bears the \nburden of proving an affirmative defense. Examples \nof affirmative defenses are duress (in a civil case) \nand insanity and self-defense (in a criminal case). \nAlso termed plea in avoidance; plea in justification. \nCf. negative defense; CONFESSION AND AVOIDANCE. \n[Cases: Criminal Law (::::>31; Federal Civil Procedure \n(::::>751; Pleading (::::>76,78,130.] \ncapacity defense. (1967) A defense based on the defen\ndant's inability to be held accountable for an illegal \nact or the plaintiff's inability to prosecute a lawsuit \n(as when the plaintiff was a corporation, but has lost \nits corporate charter). See CAPACITY. \nchoice-of-evils defense. See lesser-evils defense. \ncollateral defense (kJ-lat-J-rJl). Criminal law. A defense \nof justification or excuse not involving a rebuttal of \nthe allegation and therefore collateral to the elements \nthat the prosecutor must prove. See EXCUSE (2); JUSTI\nFIcATION (2). [Cases: Criminal Law (::::>38.] \n\n483 \ncultural defense. 1. A criminal defendant's assertion \nthat because an admitted act is not a crime in the \nperpetrator's culture or native land, it should not be \njudged by the laws of the place where it was commit\nted. -This cultural defense is asserted as an affirma\ntive defense to a criminal charge. 2. The defense that \nthe actor's mental state at the time the alleged crime \nwas committed was heavily influenced by cultural \nfactors. -This is not a complete defense but a mitigat\ning one, pleaded to reduce the charges, the sentence, \nor both. See FEMALE GENITAL MUTILATION. [Cases: \nCriminal Law C:.:>34.] \ndefense ofhabitation. 'The defense that conduct con\nstituting a criminal offense is justified ifan aggressor \nunjustifiably threatens the defendant's place of abode \nor premises and the defendant engages in conduct \nthat is (1) harmful to the aggressor, (2) sufficient to \nprotect that place of abode or premises, and (3) rea\nsonable in relation to the harm threatened. -Also \ntermed defense ofpremises. See CASTLE DOCTRINE. \n[Cases: Assault and Battery C-~69; Criminal \n38; Homicide C:~)759.J \ndefense ofhonesty. See honesty defense. \ndefense ofinequitable conduct. Patents. A defense to \nan action for patent infringement, made by charging \nthe plaintiff with breaching the duty of candor and \ngood faith. -To succeed, the defendant must show \nthat, in the patent prosecution, the plaintiffintention\nally withheld material information from or misled \nthe examiner. Inequitable conduct is a combination \nof two former defenses: unclean hands and fraud on \nthe Patent Office. [Cases: Patents ~97.] \nderivative defense. (I972) A defense that rebuts the \ncriminal elements that a prosecutor must establish \nto justify the submission ofa criminal case to a jury. \n[Cases: Criminal Law \ndesigner defense. A novel defense based on dimin\nished capacity attributed to stress or impairment. \nThe phrase derives from the fact that the defense is \ntailored to the defendant and the circumstances of \nthe crime. Examples include extraordinary reactions \nto snack food (the Twinkie defense), unconscious\nness or sleepwalking, and postpartum psychosis. See \nAUTOMATISM. [Cases: Criminal LawC-':J46; Homicide \nC~815, 816.] \ndilatory defense (dil-a-tor-ee). (1845) A defense that \ntemporarily obstructs or delays a lawsuit but does \nnot address the merits. -Examples of dilatory \ndefenses include misjoinder, nonjoinder, res judicata, \nmisnomer, lack of capacity to sue, another action \npending, statute of limitations, prematurity, unripe\nness, release, and settlement. \ndwelling defense. See CASTLE DOCTRINE. \neleemosynary defense. See charitable immunity under \nIMMUNITY (2). \nempty-suit defense. A defense in which a high-ranking \nofficer or director in an organization claims ignorance \nof any wrongdoing by subordinates. defense \nequitable defense. (18c) A defense formerly available \nonly in a court of equity but now maintainable in \na court oflaw. _ Examples include mistake, fraud, \nillegality, failure ofconsideration, forum non conve\nniens, laches, estoppel, and unclean hands. \nfrivolous defense. (18c) A defense that has no basis in \nfact or law. \nfull defense. A technical common-law defensive plea, \nstated at length and without abbreviation. -This plea \nis obsolete because of the pleading requirements in \nfederal and state rules of civil procedure. \ngeneral-justification defense. See lesser-evils defense. \nhonesty defense. Rare. An assertion that the defen\ndant acted honestly and in good faith. -This defense, \nalmost unique to civil suits, is rarely raised. For \nexample, a defendant may assert honesty as a defense \nto a charge of fraudulent misrepresentation. Also \ntermed defense ofhonesty. Cf. CLAIM OF RIGHT (1). \n[Cases: Fraud ~36.1 \nimperfect defense. (1835) A defense that fails to meet all \nlegal requirements and usu. results only in a reduction \nin grade or sentence rather than an acquittal, as when \na defendant is charged with manslaughter rather \nthan murder because the defendant, while defending \nanother, used unreasonable force to repel the attack. \nSee imperfect self-defense under SELF-DEFENSE. Cf. \nperfect defense. \ninconsistent defense. (1852) A defense so contrary to \nanother defense that the acceptance of one requires \nabandonment of the other.  A person accused of \nmurder, for example, cannot claim both self-defense \nand the alibi of having been in a different city when \nthe murder took place. [Cases: Criminal Law \n43.5.] \ninnocent-owner defense. In forfeiture action, an \naffirmative defense in which the owner of property \n(such as real estate or money) asserts that another \nperson committed the wrongful act or omission while \nusing the property without the owner's knowledge \nor consent. See 18 USCA  983(d). See civil forfeiture \nunder FORFEITURE. [Cases: Controlled Substances \nForfeitures C:;)4.J \ninsanity defense. See INSA:>IITY DEFENSE. \nissuable defense. (1847) Cornman-law pleading. A plea \non the merits setting forth a legal defense. Cf. issuable \nplea under PLEA (3). \njustification defense. See JUSTIFICATION DEFENSE. \nlegal defense. (17c) A complete and adequate defense \nin a court oflaw. \nlesser-evils defense. (1982) The defense that, while \nthe defendant may have caused the harm or evil that \nwould ordinarily constitute a criminal offense, in the \npresent case the defendant has not caused a net harm \nor evil because ofjustifying circumstances and there\nfore should be exculpated. Also termed choice-ol \nevils defense; necessity; general-just~fication defense. \n\ndefense 484 \nmeritorious defense (mer-;:J-tor-ee-;:Js). (lSc) 1. A \ndefense that addresses the substance or essentials of \na case rather than dilatory or technical objections. \n[Cases: Federal Civil Procedure C=;>2450, 2651.1; \nJudgment 379,447.]2. A defense that appears \nlikely to succeed or has already succeeded. \nnecessity defense. See rUSTIFICATION (2). \nnegative defense. A defendant's outright denial of the \nplaintiffs allegations without additional facts pleaded \nby way of avoidance. Cf. affirmative defense. [Cases: \nPleading \nnew-value defense. Bankruptcy. A defense to a suit to \nrecover preferential payments whereby the transferee \nofthe payments can reduce liability by the amount of \nconsideration or value that the transferee provided to \nthe transferor after a suspect transfer. [Cases: Bank\nruptcyC=;>2613.J \nostrich defense. A criminal defendant's claim not to \nhave known of the criminal activities of an associ\nate. \npartial defense. (1818) A defense going either to part of \nthe action or toward mitigation ofdamages. \npass-on defense. An antitrust defense that a member of \nthe distributive chain who was overcharged or under\ncharged passed on the price adjustment to reflect the \ncharge and thereby suffered no damage. Also \ntermed passing on. [Cases: Antitrust and Trade Reg\nulation C=;>908.J \nperemptory defense (p;H-emp-tdr-ee). (1860) A \ndefense that questions the plaintiff's legal right to \nsue or contends that the right to sue has been extin\nguished. \nperfect defense. (1817) A defense that meets all legal \nrequirements and results in the defendant's acquit\ntal. See perfect self-defense under SELF-DEFENSE. Cf. \nimperfect defense. \npretermitted defense (pree-t<:lr-mit-id). (1947) A \ndefense available to a party that must be pleaded at \nthe right time or be waived. \nsham defense. (1853) A fictitious, untrue defense, made \nin bad faith. \nsleepwalking defense. See AUTOMATISM. \nSODDI. See SODDI DEFENSE. \ntrue defense. A defense admitting that a defendant \ncommitted the charged offense, but seeking to avoid \npunishment based on a legal excuse (such as insanity) \nor justification (such as self-defense). \nunconsciousness defense. See AUTOMATISM. \nXYY-chromosome defense. See XYY-CHROMOSOME \nDEFENSE. \n2. A defendant's method and strategy in opposing the \nplaintiffor the prosecution; a doctrine giving rise to \nsuch a method or strategy <the lawyer advised her \nclient to adopt a passive defense and to avoid taking \nthe witness stand>. empty-chair defense. (1981) A trial tactic in a multi\nparty case whereby one detendant attempts to put all \nthe fault on a defendant who plea-bargained or settled \nbefore trial or on a person who was neither charged \nnor named as a party. \nmalicious defense. Torts. A defendant's use of unfair, \nharassing, or illegal tactics to advance a frivolous or \nunmeritorious defense. The elements of the tort \nare (1) the defendant's initiation, continuation, or \nprocurement ofproceedings; (2) knowledge that the \ndefense lacks merit; (3) the assertion of the defense \nfor a purpose other than to properly adjudicate the \nclaim, such as to harass, annoy, or injure, or to cause \nunnecessary delay or needless increase in the cost of \nlitigation; (4) termination ofthe suit in the plaintiff's \nfavor; and (5) harm to the plaintiff resulting from the \nproceeding. Damages are the same as in an action for \nmalicious prosecution. A minority ofstates recognize \nthe tort. Cf. MALICIOUS PROSECUTION. [Cases: Torts \n~'-:J437.] \nStalingrad defense. The strategy ofwearing down the \nplaintiffby tenaciously fighting by whatever means \nanything the plaintiff presents and appealing every \nruling favorable to the plaintiff, rather than present\ning a meritorious case . The tactic is named for the \nRussian city beSieged by the Germans in World War \nII. The defenders refused to surrender and used every \navailable tactic and tool to hold the attackers at bay \nuntil winter cut the enemy's supply lines, leaving the \nattackers with inadequate resources with which to \ncontinue the siege. \n3. One or more defendants in a trial, as well as their \ncounsel <the defense rests>. 4. Commercial law. A basis \nfor avoiding liability on a negotiable instrument <the \ndrawer asserted a real defense against the holder in due \ncourse>. \nabsolute defense. See real defense. \npersonal defense. (1950) An ordinary defense in a \ncontract action -such as failure ofconsideration or \nnonperformance ofa condition that the maker or \ndrawer ofa negotiable instrument is precluded from \nraising against a person who has the rights ofa holder \nin due course. See DCC  3-305(b). A personal \ndefense can be asserted only against a transferee who \nis not a holder in due course. Also termed limited \ndefense. \nreal defense. A type of defense that is good against \nany possible claimant, so that the maker or drawer \nof a negotiable instrument can raise it even against \na holder in due course. The ten real defenses are \n(1) fraud in the factum, (2) forgery of a necessary \nsignature, (3) adjudicated insanity that, under state \nlaw, renders the contract void from its inception, (4) \nmaterial alteration of the instrument, (5) infancy, \nwhich renders the contract voidable under state law, \n(6) illegality that renders the underlying contract \nvoid, (7) duress, (8) discharge in bankruptcy, or any \ndischarge known to the holder in due course, (9) a \nsuretyship defense (for example, if the holder knew \n\n485 defense of self \nthat one indorser was signing as a surety or accom- I overseeing the Department's day-to-day finance and \nmodation party), and (10) a statute of limitations \n(generally three years after dishonor or acceptance on \na draft and six years after demand or other due date \non a note). -Also termed absolute defense; universal \ndefense. [Cases: Bills and Notes (::::;>364.] \n5. Measures taken by a country or individual to \nprotect against an attack. See SELF-DEFENSE; NATIONAL \nDEFENSE"}
{"text": "taken by a country or individual to \nprotect against an attack. See SELF-DEFENSE; NATIONAL \nDEFENSE (1). \nself-defense. See SELF-DEFENSE. \n6. A country's military establishment. See NATIONAL \nDEFENSE ~2). -Also spelled in all senses (esp. in BrE) \ndefence. 7. TAKEOVER DEFENSE. \nDefense Advanced Research Projects Agency. An \nagency in the U.S. Department of Defense responsi\nble for military research and development. -Abbr. \nDARPA. \ndefense attorney. A lawyer who represents a defendant in \na civil or criminal case. -Also termed defense counsel; \ndefense lawyer. \ndefense au fond en droit (di-fen[t]s oh fohn on drwah). \nCivil law. Demurrer. \nDefense Commissary Agency. An agency in the U.S. \nDepartment of Defense responsible for providing goods \nand services to members of the armed forces at reduced \nprices. Abbr. DeCA. \ndefense contingent fee. See reverse contingent fee under \nCONTINGENT FEE. \nDefense Contract Audit Agency. An agency in the \nU.S. Department of Defense responsible for conduct\ning contract audits and for providing accounting and \nfinancial advice to all Department components respon\nsible for procurement and contract administration. -\nAbbr. DCAA. \nDefense Contract Management Agency. A unit in the \nU.S. Department ofDefense responsible for managing \ncontracts to ensure that supplies and services are deliv\nered on time and within cost and that they meet per\nformance requirements. Abbr. DCMA. \ndefense counsel. See DEFENSE ATTORNEY. \nDefense Department. An executive department of the \nfederal government, responsible for coordinating and \noverseeing military affairs and the agencies responsi\nble for national security . 1he Department was estab\nlished as the National Military Establishment in 1947, \nby combining the War and the Navy Departments. Its \nname was changed to Department of Defense in 1949. \nThe Department's components include the Army, the \nAir Force, the Navy, the Marine Corps, and the Joint \nChiefs ofStaff. It is headed by the Secretary of Defense, \nwho is answerable to the President as Commander-in\nChief. Also termed Department ofDefense (abbr. \nDOD). \nDefense Finance and Accounting Service. A unit in the \nU.S. Department ofDefense responsible for providing \nprofessional finance and accounting services and for accounting activities. Abbr. DFAS. \nDefense Information Systems Agency. An agency in the \nU.S. Department ofDefense responsible for developing \nand operating information systems to provide combat \nsupport for the armed forces. Abbr. DISA. \nDefense Intelligence Agency. A combat-support unit in \nthe U.S. Department of Defense responsible for devel\noping and managing foreign military intelligence in \nsupport of military planning and operations and of \nweapons-systems acquisition. Abbr. DIA. \nDefense Investigative Services. See DEFENSE SECURITY \nSERVICE. \ndefense lawyer. See DEFENSE ATTORNEY. \nDefense Legal Services Agency. An agency in the U.S. \nDepartment of Defense responsible for providing \nlegal services to all agencies in the Department. - The \nGeneral Counsel ofthe Department directs its opera\ntions. Abbr. DLSA. \nDefense Logistics Agency. A unit in the U.S. Depart\nment of Defense responsible for providing worldwide \nlogistics support for military missions both in peace \nand in war . The Agency also supports nonmilitary \nagencies overseas. -Abbr. DLA. \ndefense-month. See FENCE-MONTH. \nDefense Nuclear Facilities Safety Board. An indepen\ndent federal board that sets standards for the design, \nconstruction, operation, and decommissioning of \ndefense nuclear facilities of the U.S. Department of \nEnergy. It was established in 1988.42 USCA  2286\n2286i. \ndefense ofhabitation. See DEFENSE (1). \ndefense ofhonesty. See DEFENSE (1). \nDefense of Marriage Act. A federal statute that (1) \nprovides that no state can be required to recognize or \ngive effect to same-sex marriages, (2) defines the term \n\"marriage\" for purposes offederal law as the union of a \nman and a woman as husband and wife, and (3) defines \n\"spouse\" for purposes of federal law as being only a \nperson of the opposite sex. 1USCA  7; 28 USCA 1738C. \n The Defense ofMarriage Act was enacted in response \nto the fear that if one state sanctioned same-sex mar\nriages, other states might then have to give full faith \nand credit to those marriages. -Abbr. DOMA. [Cases: \nMarriage (::::;> 17.5.] \ndefense of others. (1942) A justification defense avail\nable ifone harms or threatens another when defending \na third person. See JUSTIFICATION (2). [Cases: Assault \nand Battery (::::;>68; Homicide C= 757.J \ndefense of premises. See defense ofhabitation under \nDEFENSE (1). \ndefense ofproperty. (1918) A justification defense avail\nable ifone harms or threatens another when defending \none's property. See JUSTIFICATION (2). [Cases: Assault \nand Battery (::::;>69; Homicide (::::;>758.] \ndefense ofself. See SELF-DEFENSE. \n\n486 Defense Security Cooperation Agency \nDefense Security Cooperation Agency. A unit in the \nU.S. Department of Defense responsible for fostering \nand overseeing security-cooperation arrangements and \nfor promoting security relationships with US. friends \nand allies. Abbr. DSCA. \nDefense Security Service. A unit in the U.S. Department \nof Defense responsible for conducting personnel inves\ntigations and providing industrial-security products \nand services to the Department and other agencies . \nThe agency was formerly known as the Defense Inves\ntigative Service. Abbr. DSS. \nDefense Threat Reduction Agency. A unit in the U.S. \nDepartment of Defense responsible for reducing the \nrisk of and defending against attacks that involve \nnuclear, chemical, biological, or other weapons of \nmass destruction . The Agency was created in 1998. \nAbbr. DTRA. \ndefensiva (dee-fen-sl-vd), n. [Latin \"a protector\"] Hist. \nA warden of the Marches, being one of many lords \nappointed by the Crown to defend England's borders. \ndefensive allegation. See ALLEGATION. \ndefensive collateral estoppel. See COLLATERAL \nESTOPPEL. \ndefensive disclosure. Patents. The deliberate publica\ntion of details about an invention in order to render \nit prior art and preclude others from getting a patent \non the same invention . This can be done formally, \nby filing for public disclosure through the Statutory \nInvention Registration and publishing the abstract in \nthe Official Gazette of the U.S. Patent and Trademark \nOffice, or privately, by publishing it in an independent \njournal that will probably be consulted by a patent \nexaminer. Also termed defensive publication. See \nSTATUTORY INVENTION REGISTRATION. [Cases: Patents \n~1l51 \ndefensive-force justification. See JUSTIFICATION. \ndefensive lockout. See LOCKOUT. \ndefensive-posture memorandum. See DEFENSIVE \nPROFILE. \ndefensive profile. The set of strategies devised by a \ncompany to discourage others from attempting a \nhostile takeover. \ndefensive-profile memorandum. Corporations. An \noutline of a company's strategy against a hostile \ntakeover. Also termed defensive-posture memoran\ndum. \ndefensive publication. See DEFENSIVE DISCLOSURE. \ndefensive treaty. See TREATY (1). \ndefensor (di-fen-sdr or -sor), n. [fr. Latin defendere \"to \nforhid\"] 1. Roman law. A defender of another's interests \nin court; an advocate, esp. for a corporation. Cf. PROCU\nRATOR LITIS. 2. Roman law. DEFENSOR CIVITATIS. 3. \nHist. Eccles. law. An advocate or patron of a church; \na church warden. 4. Hist. A guardian; a protector; a \ndefender. defensor civitatis (di-fen-sdr siv-i-tay-tis). [Latin \n\"defender ofthe city\"] Roman law. An officer conduct\ning public business, including protecting people, esp. \nthe poor, from legal injustices, adjudicating certain \nminor offenses and pecuniary matters, and acting as \na notary in the execution of a will or other transfer. \nOften shortened to defensor. \ndefensor fidei (di-fen-sdr fI-dee-I), n. [Latin \"defender \nof the faith\"] Hist. A unique title of the sovereign of \nEngland, first granted in 1521 by Pope Leo X to Henry \nVIII for writing against Martin Luther . The Pope later \nwithdrew the title because of Henry's harsh regulation \nof the church, but the title was again bestowed on the \nKing by Parliament in 1544. The term is similar to \nthe application of\"Catholic\" to the Spanish sovereign \nand \"Most Christian\" to the French sovereign. Also \ntermed Defender ofthe Faith. \ndefensum (di-fen-sdm), n. [Law Latin \"an inclosure\"] \nHist. 1. A portion of an open field allotted for corn or \nhay but not for feeding. 2. A wood partially enclosed \nto prevent the cattle from damaging the undergrowth. \n3. A prohibition. \ndefer, vb. (17c) 1. To postpone; to delay <to defer taxes \nto another year>. 2. To show deference to (another); \nto yield to the opinion of <because it was a political \nquestion, the courts deferred to the legislature>. \ndeferment, n. 1. The act of delaying; postponement \n<deferment of a judicial decision>. 2. Military law. \nA delay in serving in the military. [Cases: Armed \nServices (;:::>20.6.] 3. Military law. A delay in serving \nconfinement that results from a court-martial until the \nsentence has been approved and its execution has been \nordered. The convening authority may grant a defer\nment. [Cases: Armed Services ~48;Military Justice \n(;'-:::> 1399.] -defer, vb. \ndeferral of taxes. The postponement of paying a tax \nfrom one year to another, as by contributing money to \nan IRA, for which earnings and contributions will be \ntaxed only when the money is withdrawn. \ndeferral state. (1977) Under the Age Discrimination \nin Employment Act (ADEA), a state that has its own \nanti-discrimination legislation and enforcement mech\nanism, so that the time to file a federal lawsuit under \nthe ADEA is postponed until state remedies have been \nexhausted. [Cases: Civil Rights 1507.] \ndeferred adjudication. See deferred judgment under \nJUDGMENT. \ndeferred-adjudication probation. See deferred judgment \nunder JUDGMENT. \ndeferred annuity. See ANNUITY. \ndeferred charge. (I917) An expense not currently rec\nognized on an income statement but carried forward \non the balance sheet as an asset to be written off in the \nfuture <insurance premiums are a deferred charge>. \ndeferred claim. (1900) A claim postponed to a future \naccounting period. \ndeferred compensation. See COMPENSATION. \n\n487 de finibus levatis \ndeferred credit. A credit (such as a premium on an issued \nbond) that is required to be spread over later account\ning periods. \ndeferred dividend. See DIVIDEND. \ndeferred-dividend insurance policy. See INSURANCE \nPOLICY. \ndeferred expense. See EXPENSE. \ndeferred income. See INCOME. \ndeferred-interest bond. See BOND (3). \ndeferred judgment. See JUDGMENT. \ndeferred lien. See LIEN. \ndeferred payment. (1831) A principal-and-interest \npayment that is postponed; an installment payment. \ndeferred-payment annuity. See deferred annuity under \nANNUITY. \ndeferred prosecution. See deferred judgment under \nJUDGMENT. \ndeferred revenue. See prepaid income under INCOME. \ndeferred sentence. See SENTENCE. \ndeferred stock. See STOCK. \ndeficiency, n. (17c) 1. A lack, shortage, or insufficiency. \n2. A shortfall in paying taxes; the amount by which \nthe tax properly due exceeds the sum ofthe amount of \ntax shown on a taxpayer's return. - Also termed tax \ndeficiency; income-tax deficiency; deficiency in tax. 3. \nThe amount still owed when the property secured by \na mortgage is sold at a foreclosure sale for less than \nthe outstanding debt; esp., the shortfall between the \nproceeds from a foreclosure sale and an amount con\nsisting ofthe principal debt plus interest plus the fore\nclosure costs. See deficiency judgment under JUDGMENT. \n[Cases: Mortgages ~375,555-562.] \ndeficiency assessment. See ASSESSMENT. \ndeficiency bill. See BILL (3). \ndeficiency decree. See deficiency judgment under \nJUDGMENT. \ndeficiency dividend. See DIVIDEND. \ndeficiency in tax. See DEFICIENCY (2). \ndeficiency judgment. See JUDGMENT. \ndeficiency letter. 1. An IRS letter to a taxpayer, detail\ning the ways in which a tax return seems to be defi\ncient. 2. An SEC letter to a registrant of a securities \noffering, detailing the ways in which the registration \nstatement seems not to conform to federal disclosure \nrequirements. Also termed letter ofcomment; letter \nof comments. See NINETY-DAY LETTER; THIRTY-DAY \nLETTER. \ndeficiency notice. See NINETY-DAY LETTER. \ndeficiency suit. (1927) An action to recover the difference \nbetween a mortgage debt and the amount realized on \nforeclosure. See deficiency judgment under JUDGMENT. \n[Cases: Mortgages C-~'561.] deficit. (lSc) 1. A deficiency or disadvantage; a deficiency \nin the amount"}
{"text": "61.] deficit. (lSc) 1. A deficiency or disadvantage; a deficiency \nin the amount or quality ofsomething. \ntrade deficit. In economics, the excess ofmerchandise \nimports over merchandise exports during a specific \nperiod. Also termed trade gap. Cf. trade surplus \nunder SURPLUS. \n2. An excess ofexpenditures or liabilities over revenues \nor assets. \ndeficit spending. (193S) The practice of making expen\nditures in excess ofincome, usu. from borrowed funds \nrather than actual revenues or surplus. \nde fide instrumentorum (dee fI-dee in-stra-men-tor-am). \n[Latin] Roman & Scots law. On the reliance to be placed \non written documents. -The phrase appeared in refer\nence to actions of rescission based on forgery. \nde fideli administratione officii (dee fi-dee-II ad-min-a\nstray-shee-oh-nee a-fish-ee-I). [Law Latin \"of faithful \nadministration of office\"] Scots law. An oath to faith\nfully execute the duties ofone's public office or duty.\nOften shortened to de fideli administratione. \ndefile (di-fd), vb. (14c) L To make dirty; to physically \nsoil. 2. To figuratively tarnish; to dishonor. 3. To make \nceremonially unclean; to desecrate. 4. To morally \ncorrupt (someone). 5. Archaic. To debauch (a person); \nto deprive (a person) ofchastity. \ndefilement (di-fd-mant), n. 1. An act of defiling. 2. A \ncondition ofbeing defiled. \ndefine, vb. 1. To state or explain explicitly. 2. To fix or \nestablish (boundaries or limits). 3. To set forth the \nmeaning of (a word or phrase). \ndefined-benefit pension plan. See PENSION PLAN. \ndefined-benefit plan. See EMPLOYEE BENEFIT PLAN. \ndefined-contribution pension plan. See defined-contri\nbution plan under EMPLOYEE BENEFIT PLAN. \ndefined-contribntion plan. See EMPLOYEE BENEFIT \nPLAN. \ndefined pension plan. See PENSION PLAN. \ndefined term. In legal drafting, a word or phrase given \na specific meaning for purposes of the document in \nwhich it appears; a definiendum. \nde fine force (dee fI-nee fors). [Law French] Of pure \nnecessity. \nde fine non capiendo pro pulchre placitando (dee fr -nee \nnon kap-ee-en-doh proh pal-kree plas-a-tan-doh), n. \n[Law Latin \"of not taking a fine for amending a bad \npleading\"] Hist. A writ prohibiting the imposition ofa \nfine for bad pleading. See BEAUPLEADER. \nde fine pro redisseisina capiendo (dee fr-nee proh ree\ndis-see-zin-a kap-ee-en-doh), n. [Law Latin \"of a fine \npaid for one imprisoned for redisseisin\"] His/. A writ \nreleaSing a person who paid a reasonable fine after \nbeing imprisoned for a redisseisin. \nde finibus leva tis (dee fIona-bas la-vay-tis), n. [Law Latin \n\"concerning fines levied\"] Hist. The statute requiring \n\nany levied fines to be read solemnly in open court. 27 \nEdw.l. \ndefinite failure ofissue. See FAILURE OF ISSUE. \ndefinite sentence. See determinate sentence under \nSENTENCE. \ndefinitio (def-a-nish-ee-oh), n. [fro Latin definire \"defi\nnition\"] Civil law. l. A definition; an explanation of \nsomething. 2. The establishment ofa general rule. 3. A \nboundary. PI. definitiones. \ndefinition. (14c) The meaning of a term as explicitly \nstated in a drafted document such as a contract, a CO[\nporate bylaw, an ordinance, or a statute; a definiens. \nlexical definition. (1875) A dictionary-style definition \nof a word, purporting to give the full meaning ofa \nterm. \nstipulative definition. (1989) A definition that, for \npurposes of the document in which it appears, arbi\ntrarily clarifies a term with uncertain boundaries or \nthat includes or excludes specified items from the \nambit of the term. \ndefinitive judgment. See final judgment under \nJUDGMENT. \ndefinitive partition. See PARTITION. \ndefinitive sentence. See determinate sentence under \nSENTENCE. \ndeflation, n. A general decline in the price ofgoods and \nservices. Cf. INFLATION; DISINFLATION. deflate, \nvb. deflationary, adj. \ndeforce, vb. (lSc) I. To keep (lands) from the true owner \nby means of force. 2. To oust another from possession \nby means of force. 3. To detain (a creditor's money) \nunjustly and forcibly. -deforciant, n. \n\"The character of the action of debt is well illustrated by the \nform of the writ as given by Glanville. It directs the sheriff \nto order the debtor to render a stated sum which he owes \nto the plaintiff, 'and whereof the plaintiff complains that \nthe defendant unjustly deforces him,' and, if he will not \nobey, he is to be summoned before the King's Court. The \nplaintiff is 'deforced' of money just as in a writ of right he is \n'deforced' of land. It is true that the term 'deforces' disap\npeared from the writ shortly after Glanville's time, the word \ndebet taking its place: but this seems to have been a matter \nof form, not of substance. The plaintiff sought to recover \nthe money due as his property.\" William F. Walsh, Outlines \nof the Hisrory of English and American Law 411 (1924). \ndeforcement. 1. An act of keeping lands from the true \nowner by force. 2. An act ofousting another from pos\nsession by means offorce. 3. An act ofdetaining a cred\nitor's money unjustly and forcibly. \ndeforciant (di-for-shant), n. [fro Law Latin deforcians \n\"a deforcer\"]l. A person who prevents another from \ntaking possession of property. 2. The defendant in an \naction of fine. See FINE (1). \ndeforciare (di-for-shee-air-ee), vb. [fro Law Latin defor\ntiare \"to deforce\"] Hist. To withhold property (such as \nland and tenements) from the true owner. \ndeforciatio (di-for-shee-ay-shee-oh), n. [Law Latin \"a \ndistress\"] Hist. A seizure ofgoods to satisfy a debt. de forisfactura maritagii (dee for-is-fak-tyoor-a mar\na-tay-jee-I), n. [Law Latin \"of forfeiture of marriage\"] \nHist. A writ forfeiting a marriage. \ndefossion (di-fosh-in), n. [ff. Latin de \"down\" + fodere \n\"dig\"] The punishment of being buried alive. \nde frangentibus prisonam (dee fran-jen-ti-bas priz-a\nnam), n. [Latin \"of those who break prison\"] Hist. The \nstatute providing that an escaped prisoner will not be \nput to death or forfeit a limb simply for escaping from \nprison unless the original crime required that penalty \nupon conviction. 1 Edw.2. \ndefraud, vb. (14c) To cause injury or loss to (a person) by \ndeceit, See FRAUD. \ndefraudation. The perpetration of a fraud; the act of \ncommitting fraud. \ndefrauder. See FRAUDFEASOR. \ndefunct, adj. Dead; extinct <defunct corporation>. \ndefunct marriage. See MARRIAGE (1). \ndefunctus (di-fangk-tas), adj. [Latin] Dead, as in defunc\ntus sine prole (\"dead without (leaving) issue\"). \nde furto (dee far-toh), n. [Latin \"of theft\"] Hist. In \nEngland, a type ofcriminal appeal. \ndefuturo (dee fyuu-t[y]uur-oh). [Latin] Hist. Regarding \nthe future; at a future time. -The phrase usu. appeared \nin reference to a marriage promise, which was not \nbinding if it mentioned marriage at a future date. C. \nDE PRAESENTI. \ndegaster (day-gas-tay), vb. [fro Old French degaster \"to \nspoil\"] To waste. \nde gestu etfama (dee jes-tyfy]oo et fay-rna), n. [Law \nLatin \"of behavior and reputation\"] His!. A writ avail\nable to a person whose character and reputation had \nbeen impeached. \ndegradation (deg-ra-day-shan). (l6c) I. A reduction in \nrank, degree, or dignity; sped., censure of a clergy \nmember by divestiture of holy orders, either by word \nor by a solemn divestiture of robes and other insignia. \nC. DEPOSITION (4); DEPRIVATION (4). 2. A moral or \nintellectual decadence or degeneration; a lessening of \na person's or thing's character or quality <degradation \nof resources>. 3. A wearing down of something, as by \nerosion. \nde gratia (dee gray-shee-a). [Latin] Offavor; by grace, as \nin de speciali gratia (\"of special grace or favor\"). \ndegree. (13c) l. Generally, a classification or specification \n<degrees ofproof>. 2. An incremental measure ofguilt \nor negligence; a level based on the seriousness of an \noffense <murder in the first degree>. [Cases: Criminal \nLaw (::=28.]3. A stage in a process; a step in a series of \nsteps toward an end <the statute went through several \ndegrees of development>. 4. A stage in intensity <a \nhigh degree oflegal skill is required>. 5. In the line of \ndescent, a measure of removal determining the prox\nimity of a blood or marital relationship <the council \nmember did not participate in the vote because he was \nrelated to one of the bidders within the first degree of \n\nconsanguinity> . In the civil law, and in the degree\nof-relationship system used by many American juris\ndictions, an intestate estate passes to the dosest ofkin, \ncounting degrees ofkinship. To calculate the degree of \nrelationship of the decedent to the claimant, one counts \nthe steps (one for each generation) up from the decedent \nto the nearest common ancestor of the decedent and \nthe claimant, and on down to the claimant from the \ncommon ancestor. The total number of steps is the \ndegree ofrelationship. For example, a decedent's cousin \nstands in the fourth degree of relationship. Degrees of \nrelationship are used not only to determine who is the \nclosest heir but also to establish the incest prohibition \nin marriage requirements. Also termed degree ofkin; \ndegree ofrelationship; degree ofdescent. See AFFINITY \n(2); CONSANGUINITY. [Cases: Descent and Distribution \nequal degree. (16c) A relationship between two or more \nrelatives who are the same number of steps away from \na common ancestor. [Cases: Descent and Distribu\ntion \nprohibited degree. (17c) A degree of relationship so \ndose (as between brother and sister) that marriage \nbetween the persons is forbidden by law. Generally, \nwith slight variations from jurisdiction to jurisdic\ntion, the law forbids marriages between all persons \nlineally related and within the third civil-law degree \nof relationship. That is, aunt-nephew and uncle\nniece relations are prohibited. Prohibited degrees \nare also known as Levitical degrees, since the incest \nprohibition is pronounced in the Bible in Leviticus \n18:6-18. Also termed forbidden degree. [Cases: \nMarriage \n6. A title conferred on a graduate of a school, college, \nor university, either after the completion of required \nstudies or in honor of special achievements <she began \nstudying for the bar exam the day after receiving her \nlaw degree>. Cf. DIPLOMA (3). \ndegree of care. (17c) A standard of care to be exercised \nin a given situation. See CARE. [Cases: Negligence c:=:> \n230.] \ndegree ofcrime. (1826) 1. A division or classification of \na single crime into several grades of guilt, according to \nthe circumstances surrounding the crime's commis\nsion, such as aggravating factors present or the type \nof injury suffered. [Cases: Criminal Law (:=-/28.J 2. A \ndivision ofcrimes generally, such as felonies or misde\nmeanors. [Cases: Criminal Law \ndegree ofdescent. See DEGREE (5). \ndegree ofkin. See DEGREE (5). \ndegree of negligence. (I8c) One of the varying levels of \nnegligence typically deSignated as slight negligence, \nordinary negligence, and See NEGLI\nGENCE. [Cases: Negligence \n\"Although the common law concept of degrees of neg\nligence has been criticized or repudiated in many juris\ndictions, the usefulness of the view at common law that \ndegrees of negligence exist is still recognized in a number \nof jurisdictions, particularly in regard to the distinction between ordinary and gross negligence. Furthermore, leg\nislators have not been dissuaded from using the degrees of \nnegligence concept when it is helpful to achieve a legisla\ntive purpose.\" 57A Am. Jur. 2d Negligence  233, at 274 \n(1989). \ndegree of proof. 1. See BURDEN OF PROOF. 2. BURDEN \nOF PRODUCTION. \ndegree of relationship. See DEGREE (5). \nde haerede deliberando illi qui habet custodiam terrae \n(dee hi-ree-dee di-lib-<)-ran-doh iI-I kWI hay-b<)t \nk<)-stoh-dee-<)m ter-ee), n. [Law Latin \"for delivering \nan heir to him who has wardship ofthe land\"] Hist. A \nwrit ordering the sheriff to deliver an heir to a person \nwho had wardship. \nde haerede rapto et abducto (dee hi-ree-dee rap-toh \net ab-dak-toh), n. [Law Latin \"of an heir ravished and \ncarried away\") Hist. A writ allowing a lord to recover a"}
{"text": "h), n. [Law Latin \"of an heir ravished and \ncarried away\") Hist. A writ allowing a lord to recover a \nward who had been taken by another person. \nde haeretico comburendo (dee hi-ret-i-koh kom-by;)\nren-doh), n. [Law Latin \"of burning a heretic\"] Hist. \n1. A writ ordering the execution by burning of a con\nvicted heretic who refused to recant, or was convicted \nofheresy again after recanting. Also termed writ de \nhaeretico comburendo. \n\"[W]e find among our ancient precedents a writ de haeretico \ncomburendo, which is thought by some to be as ancient as \nthe common law itself. However, it appears from thence, \nthat the conviction of heresy by the common law was not \nin any petty ecclesiastical court, but before the archbishop \nhimself in a provincial synod; and that the delinquent was \ndelivered over to the king to do as he should please with \nhim: so that the crown had a control over the spiritual \npower, and might pardon the convict by issuing no process \nagainst him; the writ de haeretico comburendo being not a \nwrit of course, but issuing only by the special direction of \nthe king in counciL\" 4 William Blackstone, Commentaries \non the Laws of Eng/and 46-47 (1769). \n\"But the case of Sawtre (1400) is a clear case in which the \nrule of the canon law was applied. He was convicted of \nheresy before the Bishop of Norwich and recanted his \nheresy. He fell again into heresy, and was condemned by \nthe archbishop and his provincial Council, as a relapsed \nheretic. On this conviction the king issued a writ de \nhaeretico comburendo. This case clearly shows that the \ncommon law recognized the rule of the canon law. \" \n1 William Holdsworth, A History of English Law 617 (7th \ned. 1956). \n2. The first English penal law against heresy, enacted \nin 1401 (2 Hen. 4, ch. 15). The law authorized the \nburning of defendants who relapsed or refused to \nabandon their heretical opinions. \n'The first English statute that denounced the penalty \nof death against heretics was passed in the year 1401. \nWhether before that statute the law that was in force in \nour land demanded or suffered that such persons should \nbe burnt is a question that has been eagerly debated; on it \nin the days of Elizabeth and James I depended the lives of \nAnabaptists and Arians; it has not yet lost its interest; but \nit is a question that buzzes in a vacuum, for until Lollardy \nbecame troublesome there was too little heresy in England \nto beget a settled course of procedure.\" 2 Frederick Pollock \n& Frederic Maitland, The History of English Law Before the \nTime ofEdward /544 (1899). \ndeherison (dee-her-i-z<)n). See DISINHERITANCE. \n\n490 de homagio respectuando \nde homagio respectuando (dee hd-may-jee-oh ri-spek\ntyoo-an-doh), n. [Law Latin \"for respiting or postpon\ning homage\"] Hist. A writ to postpone an homage. See \nHOMAGE. \nde homine capto in withernamium (dee hom-d-nee \nkap-toh in with-ar-nay-mee-om), n. [Law Latin \"for \ntaking a man in withernam\"] Hist. A writ to seize and \njail a person who took a bondman out ofthe county to \nkeep the bondman from being replevied . The defen\ndant was jailed without bail until the bondman was \nreturned. See WITHERNAM. \nde homine replegiando (dee hom-o-nee ri-plee-jee-an\ndoh), n. (Law Latin \"for replevying a man\"] A writ to \nreplevy a person out of jail or out of the custody of \nanother person after giving security that the replevied \nperson will answer any charge. \n\"The writ de homine replegiando lies to replevy a man out \nof prison, or out of the custody of any private person, (in \nthe same manner that chattels taken in distress may be \nreplevied ...) upon giving security to the sheriff that the \nman shall be forthcoming to answer any charge against \nhim. And, if the person be conveyed out of the sheriff's \njurisdiction, the sheriff may return that he is eloigned ... \nupon which a process issues ... to imprison the defendant \nhimself, without bail ... till he produces the party. But this \nwrit is guarded with so many exceptions, that it is not an \neffectual remedy in numerous instances, especially where \nthe crown is concerned.\" 3 William Blackstone, Commentar \nies on the Laws ofEngland 129 (1768). \ndehors (do-hor or da-horz). [Law French] (I8c) Outside; \nbeyond the scope of <the court cannot consider the \ndocument because it is dehors the record>. \nde identitate nominis (dee I-den-to-tay-tee nom-a-nis), \nn. [Law Latin \"of identity of name\"] Hist. A writ to \nfree a person mistaken for someone else with the same \nname and then falsely arrested and imprisoned. -Also \ntermed de idemptitate nominis. \nde idiota inquirendo (dee id-ee-oh-t;:J in~kwI-ren-doh \nor in-kwa-ren-doh). [Latin \"of inquiring concerning \nan idiot\"] Hist. A writ directing the sheriff to open an \ninquiry before a jury of 12 into whether a person is an \nidiot, that is, mentally incapable of managing his or \nher personal affairs. \nDei gratia (dee-r gray-shee-a). [Latin] By the grace of \nGod. This phrase was often used in rulers' titles to \nshow that their authority was by divine right. It was \nalso formerly used in titles of magistrates and other \nofficers. \nde iis qui ponendi sunt in assisis (dee I-OS kWI pa-nen-dI \nsant in o-sl-zn), n. [Law Latin \"of those who are to \nbe put on assises\"] Hist. The statute establishing juror \nqualifications. 21 Edw. 1. \ndei judicium (dee-I joo-dish-ee-am). [Latin \"God's \njudgment\"] A trial by ordeaL See ORDEAL. \nde incremento (dee in-kra-men-toh). [Law Latin \"of \nincrease\"] Hist. Additional. -Costs de incremento are \ncosts awarded by a court in addition to costs awarded \nby the jury. \nde industria (dee in-d;)s-tree-o). [Latin] Hist. Design\nedly; on purpose. de ingressu (dee in-gres-[yJoo), n. [Law Latin \"of entry\"] \nHist. A writ allOWing entry into lands or tenements. \nde injuria (dee in-joor-ee-d). [Law Latin \"of injury\"] \nHist. Of injury.  A traverse de injuria, contained in a \nreplication in a trespass action, denies the defendant's \nexcuse for the wrong done. See TRAVERSE. \nde inojficioso testamento (dee in-a-fish-ee-oh-soh tes\nt;:J-men-toh). [Latin] Roman law. Concerning an inof\nficious or undutiful will. See INOFFICIOSUS; QUERELA \nINOFFICIOSI TESTAMENT!. \nde integro (dee in-ta-groh), n. [Latin] Again; a second \ntime. \nde intrusione (dee in-troo-zhee-oh-nee), n. [Law Latin \"of \nintrusion\"] Hist. A writ available to a reversioner when \nthe tenant dies and a stranger occupies the land. \ndejeration (dej-o-ray-sh;:Jn). The act of taking a solemn \noath. \nde jure Cdi juur-ee also dee or day), adj. [Law Latin \"as a \nmatter oflaw\"] (l7c) Existing by right or according to \nlaw <de jure segregation during the pre-Brown era>. Cf. \nDE FACTO; DE GRATIA. \nde jure corporation. See CORPORATION. \nde jure government. See GOVERNMENT. \nde jure officer. See officer de jure under OFFICER (1). \nde jure segregation. See SEGREGATION (2). \nde lana caprina (rixari) (dee lay-nd ko~prI-no rik-sair-l). \n[Latin] Hist. To contend about a goat's hair; to dispute \nabout nothing. \ndelantal (di-lan-t;:JI). [Old English] Hist. See UTLAND. \nde la plus belle (da lah ploo bel), adj. [Law French] \nHist. Ofthe most fair . This term described a form of \ndower assigned out of the husband's best tenements. \nThe term was used in military tenures but was abol\nished by statute. 12 Car. 2, ch. 24. -Also termed de \nIa pluis beale. \ndelate (di-Iayt), vb. To accuse, to inform against, to \ndenounce in court, esp. a Scottish ecclesiastical \ncourt. -delation, n. delator, n. \nde latere (dee lat-ar-eel. [Latin] Of collaterals; from the \nside. \ndelatio (di-Iay-shee-oh), n. [ff. Latin deferre \"to \ndenounce\"] Roman & dvillaw. 1. An accusation. 2. \nInformation. \ndelator (di-Iay-tor), n. [Latin) Roman law. 1. An informer. \n2. An accuser; esp., a person who made a practice of \ninforming on and prosecuting others, esp. for fiscal \noffenses. -This was at first encouraged, but later the \ninformer became subject to the death penalty. PI. dela\ntores. \ndelatura \t (del-a-tyoor~a), n. [fro Latin deferre \"to \ndenounce\"] Hist. A reward given to an informer. \nDelaware trust. See asset-protection trust under TRUST \n(3) \n\ndelay, n. (13c) 1. The act of postponing or slowing \n<the continuance was sought for no purpose other \nthan delay>. Cf. VEXATIOUS DELAY. 2. An instance at \nwhich something is postponed or slowed <the delay \nin starting the trial made it difficult for all ofthe wit\nnesses to attend>. 3. The period during which some\nthing is postponed or slowed <during the delay, the case \nsettled>. 4. Civil law. The period within which a party \nto a suit must take some action, such as perfecting an \nappeal or responding to a written-discovery request \n<the delay for responding to written interrogatories is \n15 days after the date they are served on the respond\ning party:>. \ndelayed appeal. See APPEAL. \ndelayed-compHance order. Environmental law. An order \nissued by the Environmental Protection Agency or by a \nstate agency to an existing source ofpollutants, whereby \nthe deadline for complying with an implementation \nplan is postponed. See IMPLEMENTATION PLAN. \ndelayed funds availability. A hold that a bank places on \nuncollected funds that are represented by a deposited \ncheck. Abbr. DFA. \ndelayed rental. See RENTAL. \ndelayed sentence. See SENTENCE. \ndelay rental. Oil &gas. A payment from the lessee to the \nlessor made to maintain the mineral lease from period \nto period during the primary term without an obliga\ntion to drill. See DRILLING-DELAY RENTAL CLAUSE; \"or\" \nlease, paid-up lease, \"until\" lease under LEASE. \ndel bien estre (del been es-t;:lr). [Law French] Rist. Of \nwell-being. See DE BENE ESSE. \ndel credere (del kred-;:l-ray or kray-da-ray), adj. [Italian] \n(l8c) Ofbelief or trust. \n\"'Del credere' agents for the sale of goods, in consideration \nof a higher payment than usual, become responsible for the \nsolvency of the person to whom they sell them.\" Thomas \nE. Holland, The Elements ofJurisprudence 304 (13th ed. \n1924). \ndel credere agent. See AGENT (2). \ndel credere bailiff. See FACTOR (2). \ndel credere commission. A factor's commission that is \nincreased because the factor guarantees the payment to \nthe principal ofall debts that become due through the \nagency relationship. [Cases: Factors 44.) \ndel credere factor. See del credere agent under AGENT. \ndelectus personae (di-Iek-t;:ls p;:lr-soh~nee). [Latin \"choice \nof the person] The rule that when personal relations \nare important. a person cannot be compelled to asso\nciate with another person. -Based on this principle. \na partner has the right to accept or reject a candidate \nproposed as a new partner. \ndelegable duty. See DUTY (1). \ndelegate (del-;:l-git). n. (lSc) 1. One who represents or acts \nfor another person or a group. 2. Parliamentary law. \nA voting member ofa convention, whether entitled to \nvote as an elected or appointed delegate (sense 1), as an upgraded alternate, or ex officio. See CONVENTION (4); \nALTERNATE; EX OFFICIO. \ninstructed delegate. A delegate bound to vote accord\ning to a constituency's expressed wishes. Cf. unin\nstructed delegate; UNIT RULE (2). \nuninstructed delegate. A delegate who is not instructed \nand may therefore vote according to his or her con\nscience. Cf. instructed delegate. \ndelegate assembly. See CONVENTION (4). \ndelegated legislation. See REGULATION (3). \ndelegated power. See POWER (3). \ndelegatee (del-a-g;l-tee). (1875) An agent or representa\ntive to whom a matter is delegated. \ndelegation, n. (1612) 1. The act ofentrusting another with \nauthority or empowering another to act as an agent or \nrepresentative <delegation of contractual duties>. 2. \nA group of representatives <a large delegation from \nTexas>. delegate (del-;:l-gayt) (for sense 1), vb. \ndelegable (del-a-g;:l-b;:ll)"}
{"text": "gayt) (for sense 1), vb. \ndelegable (del-a-g;:l-b;:ll) (for sense 1), adj. \ndelegation doctrine. (1883) Constitutional law. The \nprinciple (based on the separation-ai-powers concept) \nlimiting Congress's ability to transfer its legislative \npower to another governmental branch, esp. the execu\ntive branch. -Delegation is permitted only ifCongress \nprescribes an intelligible principle to guide an executive \nagency in making policy. -Also termed nondelegation \ndoctrine. [Cases: Constitutional Law (:::::>2400,2407.] \ndelegation ofduties. (1893) Contracts. A transaction by \nwhich a party to a contract arranges to have a third \nparty perform the party's contractual duties. \ndelegation of powers. (1854) A transfer of authority by \none branch ofgovernment to another branch or to an \nadministrative agency. See DELEGATION DOCTRINE. \n[Cases: Constitutional Law C=c2333.] \nde legatis etfidei commissis (dee Ii-gay-tis et fI-dee-I \nk;:l-mis-is). [Latin] Oflegacies and trusts. -This is a \ntitle in the Pandects. \ndelegator (del-i-gay-t;:lr or -tor). One who delegates (a \nresponsibility, etc.) to another. \nde lege ferenda (dee lee-jee f;:l-ren-d;:l). [Latin \"from law \nto be passed\"] Int'llaw. A proposed principle that might \nbe applied to a given situation instead or in the absence \nof a legal principle that is in force. Cf. DE LEGE LATA. \nde lege lata (dee lee-jee lay-t;:l). [Latin \"from law passed\"] \nInt'llaw. 1. Existing law. 2. The principle that a court \nshould decide based on actual law and not on how it \nthinks the law ought to be. Cf. DE LEGE FERENDA. \ndeleterious (del-i'l-teer-ee-i'ls), adj. (1643) 1. Poisonous \n<deleterious toxins>. 2. Unwholesome; psychologically \nor physically harmful <deleterious influence>. \nde libera fa Ida (dee lib-<>r-a fal-da or fawl-d;:l), n. [Law \nLatin \"of free fold\"] Hist. A writ allowing a free feeding, \nesp. of sheep on land. -This was a form ofquod per\nmittat. \n\n492 de libera piscaria \nde libera piscaria (dee lib-ar-a pi-skair-ee-d), n. [Law \nLatin \"of free fishery\"] Hist. A writ allowing an exclu\nsive right to fish on public navigable water . This was \na form of quod permittat. \ndeliberate (di-Iib-[d]-rit), adj. (l5c) 1. Intentional; pre\nmeditated; fully considered. 2. Unimpulsive; slow in \ndeciding. \ndeliberate (di-lib-d-rate), vb. (Of a court, jury, etc.) \nto weigh and analyze all the evidence after closing \narguments <the jury deliberated for 12 hours before \nreaching a verdict>. \ndeliberate elicitation. (1966) Criminal procedure. The \npurposeful yet covert drawing forth of an incrimi\nnating response (usu. not during a formal interroga\ntion) from a suspect whose Sixth Amendment right \nto counsel has attached but who has not waived that \nright.  Deliberate elicitation may occur, for example, \nwhen a police officer engages an arrested suspect in \nconversation on the way to the police station. Deliber\nate elicitation violates the Sixth Amendment. Massiah \nv. United States, 377 U.S. 201, 84 S.Ct. 1199 (1964). See \nMASSIAH RULE. \ndeliberate indifference. See INDIFFERENCE. \ndeliberate-indifference instruction. See JEWELL \nINSTRUCTION. \ndeliberate speed, with all. (l8I7) As quickly as the main\ntenance oflaw and order and the welfare ofthe people \nwill allow, esp. with respect to the desegregation of \npublic schools. Brown v. Board ofEduc., 347 U.S. 483, \n74 S.Ct. 686 (1954). [Cases: Schools C:::> 13(9).] \ndeliberation, n. (l4c) The act of carefully considering \nissues and options before making a decision or taking \nsome action; esp., the process by which a jury reaches \na verdict, as by analyzing, discussing, and weighing \nthe evidence. See CONSIDERATION (3). [Cases: Criminal \nLaw <'::=857(1); Federal Civil Procedure G=:)1974; Trial \n~'=>306.1 deliberate (di-lib-a-rayt), vb. \ndeliberative assembly. See ASSEMBLY. \ndeliberative-process privilege. (1977) The principle \nthat a decision-maker's thoughts and how they led \nto a decision are not subject to revelation or scrutiny. \nSee U.S. v. Morgan, 313 U.S. 409, 61 S.Ct. 999 (1941). \n An exception to the rule may be allowed if a party \ncan clearly show that the decision resulted from bias, \nbad faith, misconduct, or illegal or unlawful action. \nThe privilege is meant to encourage open and inde\npendent discussion among those who develop govern\nment policy. [Cases: Privileged Communications and \nConfidentiality C:::>361.] Also termed mental-process \nprivilege. \nde libero homine exhibendo (dee lib-<lr-oh hom-d-nee \nek-si-ben-doh). [Latin \"for the production of a free \nman\"] Roman law. An interdict requiring a free person \nto be produced before a magistrate. \nde libero passagio (dee lib-dr-oh p<l-say-jee-oh), n. \n[Law Latin \"of free passage\"] Hist. A writ allOWing free passage over water . This was a form ofquod per\nmittat. \nde libertate probanda (dee Iib-ar-tay-tee proh-ban-d<l), \nn. [Law Latin \"for proving liberty\"] Rist. A writ direct\ning a sheriff to take security from a person accused of \nbeing a villein and to protect that person from harass\nment until the person's status was determined by the \njustices ofassize. \nde libertatibus allocandis (dee lib-dr-tay-td-bas al-<'J\nkan-dis), n. [Law Latin \"for allowing liberties\"] Hist. \nA writ allowing a person entitled to certain liberties \nto obtain them. \nde licentia transfretandi (dee h-sen-shee-a trans-fra\ntan-dr), n. [Law Latin \"ofpermission to cross the sea\"] \nHist. A writ ordering wardens ofseaports, on certain \nconditions, to permit any person named in the writ to \ncross the sea. \ndelict (di-likt), n. [Latin delictum \"an offense\"] (l6c) \nRoman & civil law. A violation of the law; esp., a \nwrongful act or omission giving rise to a claim for \ncompensation; TORT. Also termed (in Roman law) \ndelictum; (in French law) delit. [Cases: Torts G=::> 107.] \n\"A delict is a civil wrong. It is an infringement of another's \ninterests that is wrongful irrespective of any prior contrac\ntual undertaking to refrain from it though there may also \nbe one. It entitles the injured party to claim compensation \nin civil proceedings though criminal proceedings aimed \nat punishing the wrongdoer may also ensue.\" 1 P.Q.R. \nBoberg, The Law ofDelict 1 (1984). \nprivate delict. A wrong regarded primarily as a matter \nofcompensation between individuals. \npublic delict. A wrong for which the community as a \nwhole takes steps to punish the offender. Cf. public \ntort under TORT. \nquasi-delict. 1. Roman law. A residuary category of \nprivate wrongs, characterized by either vicarious or \nstrict liability. \n\"QUASIDELICT . Justinian enumerates four cases of obliga\ntions said to arise quasi ex delicto. The implication seems \nto be that in all of them the law creates a liability though \nthe defendant may not in fact be to blame. The cases are \nthe following:- (1) The judge who 'makes the case his \nown' . _ incurs a penalty fixed by the magistrate at dis\ncretion .... (2) If anything was thrown, or poured, from \nan upper room ... the occupier was liable for double the \ndamage .... (3) If a thing was kept placed or suspended \nover a way used by the public ... there was a penalty ... \nwhich might be recovered from the occupier .... (4) Ship\nowners, innkeepers and stable keepers were liable for \ndamage or theft committed by slaves or free persons in \ntheir employ ....\" R.W. Lee, The Elements of Roman Law \n401-02 (4th ed. 1956). \n2. See quasi-offense under OFFENSE (2). 3. Scots law. \nTortious conduct that is negligent, as opposed to \nintentional. \ndelictal. See DEUCTUAL. \ndeliction (di-lik-shdn). (1966) The loss ofland by gradual, \nnatural changes, such as erosion resulting from a \nchange in the course of a river or stream. Cf. ACCRE\nTION (1); ALLUVION; AVULSION (2); EROSION. [Cases: \n\n493 \nNavigable Waters Waters and Water Courses \n~~93.] \ndelictual (di-lik-cha-wal), ad). Of, relating to, or involv\ning a delict; TORTIOUS. Also termed delictal. \ndelictual fault. See FAULT. \ndelictum. See DELICT. \ndeIimination. The act of marking a boundary or fixing \na limit. \ndelimit (di-lim-it), vb. (1852) To mark (a boundary); to \nfix (a limit). \ndelimitation. A fixing oflimits or boundaries. \ndelineational gerrymandering. See GERRYMANDER\nING. \ndelinquency, n. (17c) 1. A failure or omission; a violation \nofa law or duty. See JUVENILE DELINQUENCY. 2. A debt \nthat is overdue in payment. \ndelinquency charge. See CHARGE. \ndelinquency jurisdiction. See JURISDICTION. \ndelinquent, adj. (17c) 1. (Of a person) failing to perform \nan obligation. 2. (Of a person) guilty ofserious antiso\ncial or criminal conduct. 3. (Of an obligation) past due \nor unperformed. \ndelinquent, n. (i5c) 1. A person who fails to perform an \nobligation. 2. A person guilty of serious antisocial or \ncriminal conduct. 3. JUVENILE DELINQUENT. \ndelinquent child. See CHILD. \ndelinquent minor. See JUVENILE DELINQUENT. \ndelinquent tax. See TAX. \nde liquido in liquidum (dee lik-wi-doh in Uk-wi-dam). \n[Law Latin] Scots law. Ofa liquid claim against a liquid \nclaim. -The phrase appeared in reference to the extin\nguishment of a claim by setoff. \ndelirium. (l6c) 1. A disordered mental state, often occur\nring during illness. 2. Exaggerated excitement. 3. A \ndelusion; a hallucination. \ndelirium tremens. An illness characterized by hallucina\ntions and violent trembling, induced by excessive con\nsumption ofalcohol over a long period. -Also termed \nmania a potu; settled insanity. Abbr. d.t:s. \ndelisting, n. The suspension of the privilege ofhaving a \nsecurity listed on an exchange. -Delisting results from \nfailing to meet the exchange's listing requirements, as \nby not complying with the minimum net-asset require\nment. Cf. DEREGISTRATION. [Cases: Exchanges \n13.10.] delist, vb. \ndelit. See DELICT. \ndeliverance. (14c) 1. A jury's verdict. 2. A judicial opinion \nor judgment. 3. A court's order directing that a person \nin custody be released; esp., such an order by an eccle\nsiastical court. -Also termed writ ofdeliverance. 4. \nArchaic. In a replevin action, a writ ordering the rede\nlivery of goods to the owner. \nsecond deliverance. Hist. A second replevin remedy \nafter the plaintiff has been nonsuited and the delivered duty unpaid \ndistrained property has been returned to the defen\ndant. -Also termed writ ofsecond deliverance. \n\"And at the common law, the plaintiff might have brought \nanother replevin, and so in infinitum, to the intolerable \nvexation of the defendant. Wherefore the statute of Westm. \n2, c. 2 restrains the plaintiff, when nonsuited, from suing \nany fresh replevin, but allows him a judicial writ issuing out \nof the original record, and called a writ of second deliver \nance, in order to have the same distress again delivered \nto him, on giving the like security as before. And, if the \nplaintiff be a second time nonsuit, or if the defendant has \njudgment upon verdict ... he shall have a writ or rerurn \nirreplevisable; after which no writ of second deliverance \nshall be allowed.\" 3 William Blackstone, Commentaries on \nthe Laws ofEngland 150 (1767). \n5. Such a release (as in sense 3) or redelivery (as in sense \n4). \ndelivered at frontier. A mercantile-contract term allo\ncating the rights and duties of the buyer and the seller \nof goods with respect to delivery, payment, and risk \nOfl05S, whereby the seller must (1) clear the goods for \nexport, (2) arrange and pay for transportation, and (3) \ndeliver the goods to a specified place on the importing \nnation's border. -The seller's delivery is complete (and \nthe risk of loss passes to the buyer) when the goods \narrive at the deSignated point and are placed at the \ndisposal of the buyer. This"}
{"text": "buyer) when the goods \narrive at the deSignated point and are placed at the \ndisposal of the buyer. This term is generally used when \nthe delivery place is on land, but it places no explicit \nrestrictions on the mode of carriage. Ifthe delivery \nplace is a border port and delivery is complete either \nonboard or alongside the vessel, the term delivered ex \nship or delivered ex quay is preferred. -Abbr. DAF. Cf. \nDELIVERED EX SHIP; DELIVERED EX QUAY. \ndelivered duty paid. A mercantile-contract term allo\ncating the rights and duties of the buyer and the seller \nof goods with respect to delivery, payment, and risk \nofloss, whereby the seller must (1) clear the goods for \nexport, (2) bear the costs of carriage, (3) pay the buyer's \nimport duties, and (4) make the goods available to the \nbuyer on board the carrier at the destination. -TIle \nseller's delivery is complete (and the risk of loss passes \nto the buyer) when the seller's carrier arrives at the \nagreed destination. This term is generally used when \nthe delivery place is on land, but it places no explicit \nrestrictions on the mode of carriage. If the delivery \npoint is a port and delivery is complete either onboard \nor alongside the vessel, the term delivered ex ship or \ndelivered ex quay is preferred. Abbr. DDP. Cf. DELIV\nERED DUTY UNPAID; DELIVERED EX SHIP; DELIVERED \nEX QUAY. \ndelivered duty unpaid. A mercantile-contract term \nallocating the rights and duties of the buyer and the \nseller of goods with respect to delivery, payment, and \nrisk ofloss, whereby the seller must (1) clear the goods \nfor export, (2) bear the costs of carriage (apart from \nunloading charges and import duties), and (3) make \nthe goods available to the buyer on board the carrier at \nthe destination. -The seller's delivery is complete (and \nthe risk ofloss passes to the buyer) when the seller's \ncarrier arrives at the agreed destination. The buyer is \nresponsible for all import duties. This term is generally \n\nused when the delivery place is on land, but it places \nno explicit restrictions on the mode of carriage. Ifthe \ndelivery point is a port and delivery is complete either \nonboard or alongside the vessel, the term delivered ex \nship or delivered ex quay is preferred. -Abbr. DDU. \nCf. DELIVERED DUTY PAID; DELIVERED EX SHIP; DELIV\nERED EX QUAY. \ndelivered ex quay. A mercantile-contract term allocat\ning the rights and duties of the buyer and the seller \nof goods with respect to delivery, payment, and risk \nofloss, whereby the seller must (1) dear the goods for \nexport, (2) bear the costs oftransportation to the port \nnamed by the importing buyer, and (3) place the goods \nalongside the ship in the port of destination. -The \nseller's delivery is complete (and the risk ofloss passes \nto the buyer) when the goods are unloaded in the des\ntination port. This term is used only when goods are \ntransported by sea or inland waterway. -Abbr. DEQ. \nCf. DELIVERED EX SHIP; FREE ALONGSIDE SHIP. \ndelivered ex ship. A mercantile-contract term allocat\ning the rights and duties of the buyer and the seller \nof goods with respect to delivery, payment, and risk \nof loss, whereby the seller must clear the goods for \nexport and bear the costs oftransportation (apart from \nunloading charges and import duties) to the importing \nnation's port ofdestination . The seller's delivery is \ncomplete (and the risk ofloss passes to the buyer) when \nthe seller's carrier arrives at the destination port. This \nterm is used only when goods are transported by sea \nor inland waterway. Abbr. DES. Cf. DELIVERED EX \nQUAY; FREE ON BOARD. \ndelivery, n. (15c) 1. The formal act oftransferring some\nthing, such as a deed; the giving or yielding posses\nsion or control ofsomething to another. 2. The thing so \ntransferred or conveyed. Cf. LIVERY. -deliver, vb. \nabsolute delivery. (1808) A delivery that is complete \nupon the actual transfer of the instrument from the \ngrantor's possession. -Such a delivery does not usu. \ndepend on recordation. \nactual delivery. (17c) The act ofgiving real and imme\ndiate possession to the buyer or the buyer's agent. \nconditional delivery. (I8c) A delivery that passes pos\nsession subject to the happening of a specified event. \n Possession passes immediately; title remains con\nditional. \nconstructive delivery. (18c) An act that amounts to \na transfer of title by operation of law when actual \ntransfer is impractical or impossible . For example, \nthe delivery of a deposit-box key by someone who \nis ill and immobile may amount to a constructive \ndelivery of the box's contents even though the box \nmay be miles away. For the three traditional types of \nconstructive delivery, see ATTORNMENT; CONSTITU\nTUM POSSESSORIUM; TRADITIO BREVI MANU. \ngood delivery. Securities. A security's delivery when the \ncertificate (1) is in good condition, (2) belongs to the \nperson transferring it, (3) is properly indorsed, and (4) is accompanied by any legal documents necessary \nfor its negotiability. \njail delivery. See JAIL DELIVERY. \nsecond delivery. 07c) A legal delivery by the deposi\ntary of a deed placed in escrow. lCases: Deeds (;:::> \n58; Deposits and Escrows (;:::>21.] \nsymbolic delivery. (I8c) The constructive delivery ofthe \nsubject matter ofa sale or gift by the actual delivery of \nan article that represents the item, that renders access \nto it possible, or that provides evidence ofthe title to \nit, such as the key to a warehouse or a bill oflading for \ngoods on shipboard. [Cases: Sales 162.] \nunconditional delivery. (I8c) A delivery that immedi\nately passes both possession and title and that takes \neffect immediately. \ndelivery bond. Seeforthcoming bond under BOND (2). \ndelivery in escrow. (1842) The physical transfer of some\nthing to an escrow agent to be held until some condi\ntion is met, at which time the agent will release it. _ An \nexample ofsuch a delivery is a stock buyer's transfer of \ncash to a bank that will give the seller the cash upon \nreceiving the stock certificates. This type of delivery \ncreates immediate conditional rights in the promisee. \nThe device may be used to create an option contract in \nwhich the promisee has the option. See ESCROW. [Cases: \nDeposits and Escrows 14.] \ndelivery ofdeed. (lSc) The placing ofa deed in the grant\nee's hands or within the grantee's control.  By this act, \nthe grantor shows an intention that the deed operates \nimmediately as a conveyance. A deed may also be held \nto be delivered when the grantor manifests the inten\ntion to complete the conveyance, regardless of actual \ndelivery. [Cases: Deeds (;:::>54-67.] \ndelivery order. A written order to deliver goods, directed \nto a warehouseman, carrier, or other person who ordi\nnarily issues warehouse receipts or bills oflading. UCC \n 7-1D2(l)(d). \nde lucranda dote (dee loo-kran-dd doh-tee). [Latin \"of \nbeing enriched by the dowry\"] Hist. A spousal agree\nment giving a husband the right to retain his wife's \ndowry upon her death. \nde lunatico inquirendo (dee loo-nat-;J-koh in-kw;J-ren\ndoh), n. [Law Latin \"for inquiring about a lunatic\"] Hist . \nA writ or commission to determine whether a person is \na lunatic. -Also termed commission oflunacy. \ndemo abbr. DEMISE. \nde magna assisa eligenda (dee mag-nd ;J-SI-Z;) el-i\n;en-d;J), n. [Law Latin \"of choosing the grand assize\"] \nHist. A writ ordering a sheriff to summon 4 knights to \ngive oaths before the justices ofassize and then choose \n12 more knights to form a grand assize to determine \nwho had the right in a writ of right. \ndemain. See DEMESNE. \nde malo (dee mal-oh). [Law Latin] Of illness . This \nterm defined certain legal excuses, such as de malo lecti \n(\"of illness in bed\"), de malo veniendi (\"of illness or \n\n495 \nmisfortune in coming where the court is\"), and de malo \nvillae (\"of illness in town where the court is\"). \ndemand, n. (l3c) 1. The assertion of a legal or proce\ndural right. \ncontingent demand. A demand that cannot be fixed \nbecause it depends on the occurrence of a contin\ngency, \ncross-demand, (18c) A party's demand opposing an \nadverse party's demand. See COUNTERCLAIM; CROSS\nCLAIM. \ndemand in reconvention. See reconventional demand. \nincidental demand. Civil law. A plea by which a party \nother than the plaintiff asserts a claim that is related \nto the plaintiff's suit. -Examples include a cross\nclaim, a demand against a third party, an interven\ntion, and a reconventional demand. La. Code Civ. \nProc. art. 1031. \nlegal demand. A lawful demand made by an autho\nrized person. \nmain demand. Civil law. A plaintiff's principal or \nprimary claim against one or more defendants, con\ntained in an original or validly amended pleading. \nAlso termed principal demand; principal action. \nreconventional demand. Civil law. A plea by which a \ndefendant asserts any claim that it has against the \nplaintiff, or any offset against the plaintiff's claim. \n-This plea is similar to the common-law counter\nclaim. La. Code Civ. Proc. 1061 et seq. -Also termed \ndemand in reconvention. \n2. Parliamentary law. A request, usu. invoking a right, \nthat must be granted on a Single member's motion. \nSee REQUEST. 3. A request for payment of a debt or an \namount due. 4. In economics, the intensity of buyer \npressure on the availability and cost of a commodity or \nservice. 3. A request for payment of a debt or an amount \ndue. [Cases: Bills and Notes <>393-399.] \npersonal demand. An in-person demand for payment \nupon the drawer, maker, or acceptor of a bill or \nnote. \n4. In economics, the intensity ofbuyer pressure on the \navailability and cost of a commodity or service. \naggregate demand. 1. The total amount spent on goods \nand services in an economy during a specific period. \n2. The total demand for a firm's products and services \nduring a specific period. \nderived demand. Product demand that is related to \nanother product's demand. \ndemand, vb. (14c) 1. To claim as one's due; to require; to \nseek relief. 2. To summon; to call into court. \ndemandant. Archaic. The plaintiff in a real action (the \ndefendant being called a tenant). See real action under \nACTION. \ndemand clause. (1919) A provision in a note allOWing the \nholder to compel full payment ifthe maker fails to meet \nan installment. Cf. ACCELERATION CLAUSE. [Cases: Bills \nand Notes de maritagio am;sso per defanam \ndemand deposit. See DEPOSIT (2). \ndemand draft. See Sight draft under DRAFT. \ndemand for document inspection. See REQUEST FOR \nPRODUCTION. \ndemand for relief. See PRAYER FOR RELIEF. \ndemand in reconvention. See reconventional demand \nunder DEMAND. \ndemand instrument. (1924) An instrument payable on \ndemand, at Sight, or on presentation, as opposed to \nan instrument that is payable at a set future date. \nAlso termed demand note. [Cases: Bills and Notes \n129(3).] \ndemand letter. (1911) A letter by which one party \nexplains its legal position in a dispute and requests that \nthe recipient take some action (such as paying money \nowed), or else risk being sued. _ Under some statutes \n(esp. consumer-protection laws), a demand letter is a \nprereqUisite for filing a lawsuit. \ndemand loan. See call loan under LOAN. \ndemand note. 1. See NDTE (1). 2. See DEMAND INSTRU\nMENT. \ndemand of oyer. Hist. The assertion ofa party's right to \nhear, read, or inspect a deed ofwhich profert is made \nby the opposing party in a pleading. See OYER (3); \nPROFERT. \ndemand ofview. Hist. In a real action, a request by a \ndefendant (called a tenant) to see the thing at issue \nto ascertain its identity and the circumstances of the \nclaim. -If a real action was brought against a tenant \nwho did not know what land was at issue, the tenant \nmight demand a view. See VIEW (4). \ndemand-pull inflation. See INFLATION. \ndemand registration rights. See REGISTRATION RIGHTS. \ndemandress. Archaic. A female demandant. See DEMAN\nDANT. \nde manucaptione (dee man-ya-kap-shee-oh-nee), n. \n[Law Latin \"of manucaption\"] Hist. A writ ordering \na sheriff to release on sufficient bail an accused felon \nwhose initial offer ofbail had been rejected. \nde manutenendo (dee man-y<,Ha-nen-doh), n. [Law \nLatin \"of maintenance\"] Hist. A writ against a person \nwho has wrongfully meddled in a lawsuit by provid\ning assistance to a party to continue the litigation. See \nMAINTENANCE (6). \ndemarcation line. Int'I law. A provisional border haVing \nthe function ofseparating territories under different \njurisdictions, usu. established when the political situ\nation does not admit a final boundary arrangement. \nAlso termed line ofdemarcation. \ndemarche (day-mahrsh). [French \"gait; walk\"] An oral \nor written diplomatic statement, esp. one containing \na demand, offer, protest, threat, or the like. Also \nspelled demarche. See AIDE-ME MOIRE. \nde maritagio amisso per defaltam (dee mar-"}
{"text": "demarche. See AIDE-ME MOIRE. \nde maritagio amisso per defaltam (dee mar-~-tay-jee-oh \na-mis-oh par da-fawl-tam), n. [Law Latin] Hist. A writ \n\navailable to a tenant of a frank marriage to regain land \nlost by default. \ndematerialized security. See uncertificated security \nunder SECURITY. \nde me (dee mee). [Latin] Of me. This phrase appeared \nin feudal grants to confirm that a superior lord's per\nmission was not needed for the conveyance. This was \ndistinguished from a conveyance a me de superiore mea \n(\"from me ofmy superior\"), in which the estate is to be \nheld ofthe superior, and is invalid unless confirmed by \nthe superior. Cf. A ME. \ndemeanor. (iSc) Outward appearance or behaVior, such \nas facial expressions, tone of voice, gestures, and the \nhesitation or readiness to answer questions . In evalu\nating credibility, the jury consider the witness's \ndemeanor. [Cases: Witnesses \ndemeanor evidence. See EVIDENCE. \ndemease (di-meez), n. Hist. Death. See DEMISE. \nde medietate linguae (dee mee-dee-d-tay-tee ling-gwee). \n[Law Latin] Ofhalf-tongue . This term describes a \njury made up ofan equal number ofnatives and aliens. \nEdward III originally provided for such a jury in com\nmercial cases when one party was an alien. It was later \nextended to criminal cases. Ifenough aliens could not \nbe found, trial proceeded with the available number. \nde medio (dee mee-dee-oh), n. [Law Latin \"of mesne\"] \nHist. A writ against a mesne (i.e., middle) lord to protect \nan undertenant from harassment by a paramount lord \nfor rent actually due from the mesne lord. Also \ntermed writ ofmesne. \nde melioribus damnis (dee mee-Iee-or-;>-b;>s dam\nnis). [Law Latin] Of the better damages . This term \ndescribes a plaintiff's election ofthe defendant against \nwhich to take judgment when the jury has mistak\nenly awarded separate damages against two or more \ndefendants for a jOint tort. Under these circumstances, \nthe plaintiff could take a judgment against the defen\ndant that had been assessed the greatest damages, and \nthen enter a nolle prosequi against the others. [Cases: \nJudgment C=:)240, 256(4, 5).] \ndemembration (dee-mem-bray-shan), n. The cutting off \nof a limb; dismemberment; mutilation. \ndemented, adj. Not of sound mind; insane. \ndementenant en avant (da-men-t;>-nahnt on ;>-vahnt). \n[Law French] From this time forward. \nde mercatoribus (dee m;>r-k;>-tor-;>-b;>s), n. [Latin \"of \nmerchants\"] Hist. The title of two statutes enacted in \nthe lIth and 13th years ofthe reign of Edward I, provid\ning that the land ofa business debtor could be held by a \ncreditor as security until the debt was paid. \n\"But by the statute de mercatoribus ... the whole of a man's \nlands was liable to be pledged in a statute merchant, for \na debt contracted in trade; though one half of them was \nliable to be taken in execution for any other debt of the \nowner.\" 1 William Blackstone, Commentaries on the Laws \nofEngland 161 (1765). demesne (di-mayn or di-meen), n. [French] (14c) l. At \ncommon law, land held in one's own right, and not \nthrough a superior; esp., land attached to a manor and \nreserved for the court's own use. 2. Domain; realm. \nAlso spelled demain. \nancient demesne. Hist. A manor that was held by the \nCrown at the time ofWilliam the Conqueror and was \nrecorded in the Domesday Book. \ndemesne as offee. Hist. Complete ownership ofsome\nthing. \n\"But there is this distinction between the two species of \nhereditaments: that, of a corporeal inheritance a man shall \nbe said to be seised in his demesne, as of fee; of an incor \nporeal one, he shall only be said to be seised as of fee, \nand not in his demesne. For, as incorporeal hereditaments \nare in their nature collateral to, and issue out of, lands \nand houses, their owner hath no property, dominicum, \nor demesne, in the thing itself, but hath only something \nderived out of it; resembling the servitutes, or services, of \nthe civil law.\" 2 William Blackstone, Commentaries on the \nLaws of Eng/and 106 (1766). \ndemesne land. See LAND. \ndemesne land of the Crown. See Crown land under \nLAND. \ndemesnial (di-may-nee-;>l or di-meen-ee-;>l), adj. Ofor \nrelating to a demesne. \ndemi (dem-ee), n. [French] Half; the half. The term is \nmost often a combining form, as in demi-sangue. \ndemidietas (dem-ee-dI-d-tas), n. [Law Latin] A half; a \nmoiety. \ndemilitarization. Int'llaw. The process by which a \ncountry obligates itself not to station military forces \nor to maintain military installations -in specified \nareas or zones within its territory. \ndemilitarized zone. Int'llaw. A territorial area in a \ncountry or between countries in which no military \nforces or military installations are stationed or main\ntained. \ndemimark. Hist. Half a mark; money equal to six shil\nlings and eight pence, required to be tendered in a writ \nofright to force the demandant to prove seisin. Also \ntermed half-mark. \nde minimis (d;> min-a-mis), adj. [Latin \"of the least\"] \n(1952) l. Trifling; minimal. 2. (Of a fact or thing) so \ninsignificant that a court may overlook it in deciding \nan issue or case. 3. DE MINIMIS NON CURAT LEX. \nde minimis non curat lex (d;> min-d-mis non kyoor-at \nleks). [Latin] The law does not concern itself with \ntrifles. Often shortened to de minimis. \nde minimis test. Copyright. A judicial test for determin\ning whether a contributor to a joint work is an author tor \nlegal purposes, based on whether the joint effort itself \nis an original expression that qualifies for copyright \nprotection . This test has been rejected in favor ofthe \ncopyrightability test by most courts that have addressed \nthe issue. Cf. COPYRIGHTABILlTY TEST. [Cases: Copy\nrights and Intellectual Property ('.::::>41(3).] \n\n497 demote \nde minis (dee min-is), n. [Latin \"of threats\"] Hist. A writ \nordering a person to keep the peace when the person \nhas threatened another person with bodily harm or \nproperty destruction. \ndeminutio (dee-mi-n[y]oo-shee-oh), n. [ff. Latin deminu\nere \"taking away\"] Roman law. A deprivation or loss . \nThe term appeared, for example, in the phrase capitis \ndeminutio \"the loss of civil status.\" -Also spelled dimi\nnutio. See CAPITIS DEMTNUTIO. Pl. deminutiones (dee\nmi-n[y]oo-shee-oh-neez). \ndemi-sangue (dem-ee-sang). [Law French] Hist. Half\nblood; blood on either the father's or the mother's \nside. Also termed demy-sangue. \ndemise (di-mIZ), n. (15c) 1. The conveyance ofan estate \nusu. for a term ofyears, a lease <the demise ofthe land \nfor one year>. 2. The instrument by which such a con\nveyance is accomplished <the demise set forth the \nterms of the transfer>. 3. The passing of property by \ndescent or bequest <a testator's demise of $100,000 to \ncharity>. 4. 'The death of a person or (figuratively) of \na thing <the corporation's untimely demise>. Abbr. \ndemo See DEATH. demise, vb. \ndemise of the Crown. The immediate, automatic \ntransfer of a kingdom to a successor upon a sover\neign's death or long absence from the throne. \n\"The king never dies. Henry, Edward. or George may die; \nbut the king survives them all. For immediately upon the \ndecease of the reigning prince in his natural capacity, his \nkingship or imperial dignity, by act of law, without any ... \ninterval, is vested at once in his heir; who is, eo instanti, \nking to all intents and purposes. And so tender is the law \nof supposing even a possibility of his death, that his natural \ndissolution is generally called his demise . .. an expression \nwhich signifies merely a transfer of property; for ... when \nwe say the demise of the crown, we mean only that, in con \nsequence of the disunion of the king's body natural from \nhis body politic, the kingdom is transferred or demised to \nhis successor; and so the royal dignity remains perpetual.\" \n1 William Blackstone. Commentaries on the Laws ofEng/and \n242 (1765). \njoint demise. In an ejectment action, a demise made \nby two or more persons in one declaration. [Cases: \nEjectment ~65.1 \nseparate demise, In an ejectment action, a demise made \nsolely by the lessor. \nseveral demise. (often pI.) Hist. In an ejectment action, \na list ofdemises by all people potentially owning the \nproperty at issue, used to ensure that the plaintiff had \nproved a lease from the person actually having title. \nSee EJECTMENT. \nsingle demise. In an ejectment action, a declaration \ncontaining one demise. See EJECTMENT. [Cases: Eject\nment<>65.] \ndemise charter. See bareboat charter under CHARTER \n(8). \ndemise charterer. See bareboat charter under CHARTER \n(8). \ndemised premises. See PREMISES. demisi (di-mI-Z1). [fro Latin demittere] I have demised, \nThis was the operative phrase in a lease. \ndemissio (di-mish-ee-oh), n. [fro Latin demittere \"to \ndemise\"] Hist. A lease or other transfer . In an eject\nment action, this term was used in the phrase ex demis\nsione (\"on the demise\") to show that a nominal plaintiff \n(a fictitious person) held an estate on a demise from the \nreal plaintiff. \nde mittendo tenorem recordi (dee mi-ten-doh t;:l-nor-;:lm \nri-kor-dT), n. [Law Latin \"of sending the tenor of a \nrecord\"] Hist. A writ to certify a record under seal. \ndemobilization. A dismissal of troops from active \nservice. \ndemocracy, rl. Government by the people, either directly \nor through representatives elected by the people. Cf. \nREPUBLIC. -democratic, adj. \nde moderata misericordia capienda (dee mod-;:l-ray-t;:l \nmiz-;:l-ri-kor-dee-;:l kap-ee-en-d;:l), rl. [Law Latin \"for \ntaking a moderate amercement\"] Hist. A writ ordering \na bailiff to take a moderate penalty from a party who \nhad been excessively penalized in a court not ofrecord. \n The writ was founded on Magna Carta. \nde modo decimandi (dee moh-doh des-;:l-man-dI), n. \n[Law Latin] Eccles. law. Of a mode of tithing. _ This \nrefers to any special kind of tithing by custom that is \ndifferent from the general law that usu. required the \ntenth part ofan annual increase. For example, it could \nmean a twelfth part of a quantity of hay rather than a \ntenth part or a couple ofhens instead ofa normal tithing \nofeggs. -Also termed modus decimandi; modus. \nde momenta in momentum (dee m;:l-men-toh in m;:l-men\nt;:lm). [Latin] Scots law. From moment to moment. \nThe phrase appeared in reference to terms for counting. \nFor example, a minor's age was counted de momenta in \nmomentum until the last moment of21 years. The years \nof prescription were also thus computed. \ndemonetization. A disuse ofa metal in coinage; a with\ndrawal of the value ofa metal as money <the demon\netization ofgold in the United States>. \ndemonstratio (dem-;:ln-stray-shee-oh), n. [fr. Latin \ndemonstrare \"to show\"] Roman law. 1. A description, as \ninfalsa demonstratio (a false description ofsomething \nor someone in a will). 2. Under the formulary proce\ndure, the statement of facts in a formula, forming the \nbasis of a claim. PI. demonstrationes (dem-;:ln-stray\nshce-oh-neez). See FORMULA (1). \ndemonstrative bequest. See BEQUEST. \ndemonstrative devise. See DEVISE. \ndemonstrative evidence. See EVIDENCE. \ndemonstrative legacy. See LEGACY. \nde morte antecessoris (dee mor-tee an-ti-ses-;:lr-is). [Law \nLatin] Scots law. Concerning the death ofthe ancestor. \n-The phrase occurs in the brieve of mortancestry, \nequivalent to the English mort d 'ancestor. \ndemote, vb. To lower (usu. a person) in rank, position, \npay, or other status. See DEGRADATION (1). \n\n498 de munere regia \nde munere regio (dee myoo-ndr-d ree-jee-oh). [Law \nLatin] Scots law. By royal gift . The phrase described \nland held under feudal tenure. \ndemur (di-mdr), vb. (l7c) 1. To file a demurrer. See \nDEMURRER. 2. To object to the legal sufficiency of a \nclaim alleged in a pleading without admitting or \ndenying the truth of the facts stated. [Cases: Pleading \n(;::> 189.] 3. To object to the legal sufficiency ofa claim \nalleged in a ple"}
{"text": "\n(;::> 189.] 3. To object to the legal sufficiency ofa claim \nalleged in a pleading while admitting the truth of the \nfacts stated. [Cases: Pleading (;::> 189,214.] \ndemurrable (di-mdr-d-bdl), adj. (1827) (Of a claim, \npleading, etc.) subject to a demurrer <a demurrable \npleading>. See DEMURRER. \ndemurrage (di-mdr-ij). (usu. pi.) Maritime law. 1. Liqui\ndated damages owed by a charterer to a shipowner for \nthe charterer's failure to load or unload cargo by the \nagreed time. [Cases: Shipping (;::> 170.] \ncontract demurrage. Demurrage paid by a vessel's \ncharterer if the time to load or unload the vessel at \nport takes longer than that agreed on in the char\nterer's contract with the shipowner. Cf. DISPATCH \nMONEY. \n'The contract may also provide that if ... the loading time \nexceeds that fixed by the charter, the charterer will pay a \nliquidated compensation termed 'contract demurrage.''' \nFrank l. Maraist, Admiralty in a Nutshell 56 (2d ed. 1988). \nnoncontract demurrage. Demurrage not provided \nby contract, but ordered by a court. -Also termed \ndamages for detention. \n\"After the ... days on contract demurrage have expired, \nthe charterer of course still remains liable for further delay, \nbut the liability now is one for noncontract demurrage, \nwhich will be fixed by the court just as would any other \nunliquidated claim for damages. Noncontract demurrage \nmay also be referred to as 'damages for detention.'\" Grant \nGilmore & Charles l. BlackJr., The Law ofAdmiralty  48, \nat 212 (2d ed. 1975). \n2. A charge due for the late return ofocean containers \nor other equipment. \ndemurrage lien. See LIEN. \ndemurrant (di-mdr-dnt). One who demurs; esp., a litigant \nwho files a demurrer. \ndemurrer (di-mdr-dr). [Law French demorer \"to wait or \nstay\"] (l6c) A pleading stating that although the facts \nalleged in a complaint may be true, they are insufficient \nfor the plaintiff to state a claim for relief and for the \ndefendant to frame an answer . In most jurisdictions, \nsuch a pleading is now termed a motion to dismiss, but \ndemurrer is still used in a few states, including Cali\nfornia, Nebraska, and Pennsylvania. Cf. DENIAL (1). \n[Cases: Federal Civil Procedure (;::>658,1725; Pleading \n(;::> 189, 193(5).] \n'The word 'demurrer,' derived from the Latin demorari, or \nthe French demorrer, meaning to 'wait or stay,' imports that \nthe party demurring waits or stays in his proceedings in the \naction until the judgment of the court is given whether he \nis bound to answer to so insufficient a pleading. Each party \nmay demur to what he deems an insufficient pleading of \nthe other. The demurrer was general when it was to matter \nof substance; it was special when it was made to matter \nof form, and must specifically point out the defect.\" Edwin E. Bryant, The Law of Pleading Under the Codes of Civil \nProcedure 15 (2d ed. 1899). \ndemurrer ore tenus. An oral demurrer. See ORE \nTENUS. \n\"The codes either expressly or by implication require all \npleadings to be in writing. To this proposition there is the \napparent exception that objections to the jurisdiction of \nthe court, or to the sufficiency of a pleading, that it does \nnot state a cause of action or defence, may be raised on \nthe trial by what is sometimes called a demurrer are tenus \n(that is, orally, -by word of mouth).\" Edwin E. Bryant, The \nLaw of Pleading Under the Codes of Civil Procedure 179 \n(2d ed. 1899). \ngeneral demurrer. See general exception (1) under \nEXCEPTION (1). \nparol demurrer. Hist. A suspension of proceedings \nduring the minority ofan infant. \nspeaking demurrer. (l8c) A demurrer that cannot be \nsustained because it introduces new facts not con\ntained in the complaint. [Cases: Pleading (;::>210.] \nspecial demurrer. (17c) A demurrer that states grounds \nfor an objection and specifically identifies the nature \nof the defect, such as that the pleading violates the \nrules ofpleading or practice . Ifa pleading is defec\ntive in form but not substance, the defect must be \npointed out by a special demurrer. [Cases: Pleading \n(;::>206.] \ndemurrer book. Hist. A record of the demurrer issue \nused by the court and counsel in argument. \ndemurrer to evidence. (17c) A party's objection or excep\ntion that the evidence is legally insufficient to make a \ncase. Its effect, upon joinder in the demurrer by the \nopposite party, is that the jury is discharged and the \ndemurrer is entered on record and decided by the court. \nA demurrer to evidence admits the truth of all the \nevidence and the legal deductions from that evidence. \n[Cases: Criminal Law (;::>752; Trial (;::> 150.] \ndemurrer to interrogatories. (18c) The objection or \nreason given by a witness for failing to answer an inter\nrogatory. \ndemutualization, n. The process ofconverting a mutual \ninsurance company (which is owned by its policyhold\ners) to a stock insurance company (which is owned by \noutside shareholders), usu. as a means ofincreasing the \ninsurer's capital by allowing the insurer to issue shares. \n About half the states have demutualization statutes \nauthorizing such a conversion. [Cases: Insurance (;::> \n1160.] -demutualize, vb. \ndemy-sangue. See DEMI-SANGUE. \nden and strond (den an[d] strond). Hist. Permission for \na ship to run aground or strand itself. \ndenarius (di-nair-ee-ds), n. [Law Latin \"penny\"] 1. \nRoman law. The principal silver coin used by the \nRomans. 2. Hist. An English penny; a pence. 3. (pl.) \nSlang. Money in general. PI. denarii. -Also termed \n(in senses 1 & 3) denier. \ndenarius Dei (di-nair-ee-ds dee-I), n. [Law Latin \"God's \npenny\"] Hist. Earnest money exchanged by contracting \n\n499 \nparties, so called because the money was originally \ngiven either to the church or to the poor . The denarius \nDei was not part of the consideration. Also termed \nargentum dei. See ARRA. \ndenationalization. 1. lnt'llaw. The unilateral act of a \ncountry in depriving a person of nationality, whether \nby administrative decision or by operation of law. \nStrictly, the term does not cover a person's renuncia\ntion ofcitizenship. 2. The act ofreturning government \nownership and control of an industry or function to \nprivate ownership and control. Cf. PRIVATIZATION. \n[Cases: Aliens, Immigration, and Citizenship \n729.] -denationalize, vb. \nde nativo habendo (dee na-tI-voh ha-ben-doh), n. [Law \nLatin \"about a serf to be held\"] Hist. A writ directing a \nsheriff to apprehend and return a runaway serf to the \nserf's lord . A trial on the writ would determine the \nlord's ownership status. \nde natura brevium (dee m-tyoor-a bree-vee-a). [Latin] \nConcerning the nature ofwrits. This was a common \ntitle oftextbooks on English medieval law. \ndenaturalization. The process by which a government \ndeprives a naturalized citizen ofall rights, duties, and \nprotections of citizenship. See 8 USCA  1451. denat\nuralize, vb. \ndenelage. See DANELAW. \ndenial, n. (l6c) 1. A refusal or rejection; esp., a court's \nrefusal to grant a request presented in a motion or \npetition <denial of the motion for summary judgment>. \n2. A defendant's response controverting the facts that a \nplaintiff has alleged in a complaint; a repudiation <the \nworker filed a denial alleging that physical contact \nnever occurred>. Cf. DEMURRER. [Cases: Federal Civil \nProcedure (;=741; Pleading \nconjunctive denial. (1860) A response that controverts \nall the material facts alleged in a complaint. \ndisjunctive denial. (1920) A response that controverts \nthe truthfulness oftwo or more factual allegations of \na complaint in the alternative. \ngeneral denial. (16c) A response that puts in issue all \nthe material assertions ofa complaint or petition. \nAlso termed general plea. Federal Civil Pro\ncedure (;=742; Pleading \nqualified general denial. (1844) A general denial ofall \nthe allegations except the allegations that the pleader \nexpressly admits. \n\"The qualified general denial most frequently is used \nwhen a limited number of allegations in the complaint \nare to be admitted. This form of denial also is employed \nwhen defendant cannot expressly deny an averment in \nhis opponent's pleading and therefore cannot submit a \ngeneral denial, although defendant wants to put plaintiff \nto his proof on that averment by interposing a denial of \nknowledge or information sufficient to form a belief or a \ndenial on information and belief.\" 5 Charles Alan Wright \n&Arthur Miller, Federal Practice and Procedure  1266, at \n405 (2d ed. 1990). \nspecific denial. (1850) A separate response applicable \nto one or more particular allegations in a complaint. de non alienando sine consensu superiorum \n[Cases: Federal Civil Procedure ~742; Pleading C:=:;; \n124.] \n3. A refusal or rejection <denial of an employment \napplication>. 4. A deprivation or withholding <denial \nofdue process>. -deny, vb. \ndenial ofjustice. Int'llaw. A defect in a country's organi\nzation ofcourts or administration ofjustice, resulting \nin the country's violating its international legal duties \nto protect aliens. - A denial of justice is a wrongful \nact under international law. -Also termed justitia \ndenegata; deni de justice; refus de justice. \ndenial-of-service attack. A malicious strike against \na computer, website, network, server, or database \ndeSigned to render it inaccessible, usu. byoverwhelm\ning it with activity or by forcing it to malfunction. \nAlso termed nuke. Abbr. DoS attack. \ndistributed denial-ol-service attack. A denial-of-ser \nvice attack carried out by distributing a virus that \ncauses infected computers to try to access the target \ncomputer at the same time. -Abbr. DDoS attack. \ndenier, n. 1. (da-nyay) [French fro Latin denarius] \nDENARIUS (1). 2. DENARIUS (3). 3. (di-nI-ar). [Law \nFrench] Hist. Denial; refusal, as in refusal to pay rent \nwhen demanded. \nDenier aDieu (da-nyay ah dyuu or dyoo). [French \n\"God's money\"] French law. Earnest money exchanged \nby contracting parties. See DENARIUS DEI. \ndenization (den-a-zay-shan). The act of making a person \na denizen. See DENIZEN. -Also termed indenization. \ndenize (den-Iz or di-nIz), vb. To make (a person) a \ndenizen. See DENIZEN. \ndenizen (den-a-zan).(15c) 1. A person given certain \nrights in a foreign nation or living habitually in a \nforeign nation. 2. English law. A person whose status \nis midway between being an alien and a natural-born \nor naturalized subject. \nDenman's Act. Hist. l. The (English) Evidence Act of \n1843, providing that no person offered as a witness can \nbe excluded because of incapacity due to a past crime \nor an interest in the proceedings. -Also termed Lord \nDenman's Act. 2. The (English) Criminal Procedure \nAct of 1865 that allowed defense counsel to sum up \nevidence as allowed in a civil trial, to prove contradic\ntory statements made by an adverse witness, to prove a \nprevious criminal conviction ofan adverse witness, and \nto compare samples ofdisputed handwriting. -Also \ntermed Mr. Denman's Act. \ndenomination. (I5c) 1. An act ofnaming. 2. A collective \ndesignation, esp. ofa religiOUS sect. \nde non alienando (dee non ay-lee-a-nan-doh). [Law \nLatin] Scots law. For not alienating. _ The phrase was \nused to restrict the transfer ofproperty. \nde non alienando sine consensu superiorum (dee non \nay-lee-a-nan-doh SI-nee kan-sen-s[y]oo s[y]oo-peer\nee-or-am). [Law Latin] Scots law. Concerning the \nnonalienation of the lands without the consent ofthe \n\nsuperior. The phrase was frequently present in a \ncharter to a vassal. \nde non contrahendo debito (dee non kon-tr<l-hen-doh \ndeb-i-toh). [Law Latin] Scots law. Against the contrac\ntion ofdebt. The phrase was inserted in an entail to \nprevent the heir from incurring debt. \nde non decimando (dee non des-<l-man-doh), n. [Law \nLatin \"of not paying tithes\"] Eccles. law. A claim for \nrelease from paying a tithe. Also termed modus de \nnon decimando. \n\"A prescription de non decimando is a claim to be entirely \ndischarged of tithes, and to pay no compensation in lieu of \nthem..Thus the king by his prerogative is discharged from \nall t"}
{"text": "to pay no compensation in lieu of \nthem..Thus the king by his prerogative is discharged from \nall tithes. So a vicar shall pay no tithes to the rector, nor the \nrector to the vicar .... But these privileges are persona! \nto both the king and the clergy; for their tenant or lessee \nshall pay tithes .... And from this original have sprung all \nthe lands, which, being in lay hands, do at present claim \nto be tithefree: for, if a man can show his lands to have \nbeen such abbey lands, and also immemorially discharged \nof tithes ... this is now a good prescription, de non deci\nmando. But he must show both these requisites for abbey \nlands, without a special ground of discharge, are not dis\ncharged of course; neither will any prescription de non \ndecimando avail in total discharge of tithes, unless it relates \nto such abbey lands.\" 2 William Blackstone, Commentaries \non the Laws of Eng/and 31-32 (1766). \nde non procedendo ad assisam (dee non proh-sa-den\ndoh ad <I-SI-Z<lm), n. [Law Latin \"of not proceeding to \ntake an assize\"] Hist. A writ ordering justices not to \nhold an assize in a particular case. \nde non residentia clerici regis (dee non rez-a-den-shee-<I \nkler-<l-SI ree-jis), n. [Law Latin \"ofthe nonresidence of \na parson employed in royal service\"] Hist. A writ to \nexcuse a parson from nonresidence because the parson \nis busy serving the Crown. See NONRESIDENCE (1). \nde non sane memorie (dee non sayn mem-a-ree). [Law \nFrench] Ofunsound memory; ofunsound mind. See \nMIND AND MEMORY; NON COMPOS MENTIS. \ndenotative fact. See FACT. \ndenounce, vb. (l3c) 1. To condemn openly, esp. publicly. \n2. To declare (an act or thing) to be a crime and pre\nscribe a punishment for it. 3. To accuse or inform \nagainst. 4. To give formal notice to a foreign country \nofthe termination of (a treaty). \ndenouncement. 1. An act ofaccusation or condemna\ntion <denouncement of a thief>. 2. A declaration ofa \nthreatened action <denouncement ofwar> <denounce\nment ofa treaty>. 3. An application for a grant to work \na mine that is either newly discovered or forfeited <the \ndenouncement was granted> . Historically, denounce\nments were also granted under Spanish-American law. \n4. Archaic. A formal announcement; a declaration <a \ndenouncement ofa doctrine>. -Also termed denun\nciation. -denunciatory, denunciative, adj. \nde novi operis nuntiatione. See NOVI OPERIS NUNTIA\nTIO. \nde novo (di noh-voh or dee), adj. (1536) Anew. \nhearing de novo. See HEARING. \ntrial de novo. See TRIAL. venire facias de novo (v~-nI-ree fay-shee-<ls dee noh\nvoh). See VENIRE FACIAS. \nde novo damus (di noh-vah day-mas). [Law Latin \"we give \nanew\"] Scots law. The novodamus clause in a renewal of \na gift or previous charter. See NOVODAMUS. \nde novo judicial review. See JUDICIAL REVIEW. \nde novo review. 1. See appeal de novo under APPEAL. 2. \nSee de novo judicial review under JUDICIAL REVIEW. \ndensity zoning. See cluster zoning under ZONING. \ndenumeration. (l8c) An act of making a present \npayment. \ndenunciation. See DENOUNCEMENT. \ndenuntiatio (di-nan-shee-ay-shee-oh), n. [Latin] 1. \nRoman & civil law. A declaration intended to protect \nor set in motion the enforcement ofthe declarer's right; \nesp., a report ofa crime. 2. Hist. A summons; a public \nnotice. 3. Scots law. The Crown's public denunciation of \na debtor as a rebel and an outlaw when the debtor has \ndisobeyed an order to pay. PL denuntiationes. \ndenuntiatio belli (di-nan-shee-ay-shee-oh bel-I). [Latin \n\"declaration ofwar\"). A declaration ofwar. See declara\ntion of war under DECLARATION (3). \ndeny the appeal. See AFFIRM (1). \ndeodand (dee-d-dand). Hist. Something (such as an \nanimal) that has done wrong and must therefore be \nforfeited to the Crown. _ Deodand was abolished in \n1846. \n\"In the oldest records, we see no attempt to distinguish \nthe cases in which the dead man was negligent from those \nin which no fault could be imputed to him, and the large \nnumber of deodands collected in every eyre suggests that \nmany horses and boats bore the guilt which should have \nbeen ascribed to beer. A drunken carter is crushed beneath \nthe wheels of his cart; the cart, the cask of wine that was \nin it and the oxen that were drawing it are all deodand. \nBracton apparently thought it an abuse to condemn as \ndeodand a thing that had not moved: he would distinguish \nbetween the horse which throws a man and the horse off \nwhich a man stupidly tumbles, between the tree that falls \nand the tree against which a man is thrown. We do not see \nthese distinctions in the practice of the courts.\" 2 Frederick \nPollock & Frederic William Maitland, History ofEnglish Law \nBefore the Time of Edward 1474 n.4 (2d ed. 1899). \n\"[WJhen in 1716 the coroner's jury of Yarmouth declared a \nstack of timber which had fallen on a child to be forfeited \nas a deodand, it was ransomed for 30s., which was paid \nover to the child's father.\" J.W. Cecil Turner, Kenny's Outlines \nofCriminal Law 7 (16th ed. 1952). \nde odio et atia (dee oh-dee-oh et ay-shee-a), n. [Law \nLatin \"of hatred and malice\"] Hist. A writ ordering \na sheriff to summon a 12-member jury to inquire \nwhether a prisoner jailed for murder was charged for \na good reason or only because ofill-will and to deter\nmine whether bail should be set. Ifthe prisoner was \naccused out of spite or had committed the crime in \nself-defense, then another writ called tradas in ballim \nwould have been issued ordering the sheriffto release \nthe prisoner on bail if the sheriffcould find 12 good \ncitizens of the county to vouch for the prisoner. This \nwrit, similar to habeas corpus, was first mentioned in \nMagna Carta. -Also termed breve de bono et malo. \n\n501 Department of Housing and Urban Development \nde onerando pro rata portione (dee on-;:l-ran-doh proh \nray-t;:l por-shee-oh-nee), n, [Law Latin \"of charging \naccording to a ratable proportion\"] Hist, A writ for a \njoint tenant or cotenant who is distrained for more rent \nthan is proportionately required, \ndeontology. The philosophy of ethics, rights, and duties \nas a matter of natural law . Moral rights in one's one \nintellectual property are often considered deontological \nissues. -deontologkal, adj. \nde pace et legalitate tenenda (dee pay-see et la-gal-a-tay\ntee t;:l-nen-d<l). [Latin] Hist. A writ for keeping the peace \nand adherence to the laws (or good behavior). -Also \ntermed depace et legaNtate tuenda. \nde pace et plagis (dee pay-see et play-jis), n. [Law Latin \n\"of breach of peace and wounds\"] Hist. A type of \ncriminal appeal used in cases of assault, wounding, \nand breach ofthe peace. \nde pace et roberia (dee pay-see et roh-beer-ee-<l), n. [Law \nLatin \"of breach ofpeace and robbery\") Hist. A type of \ncriminal appeal used in cases of robbery and breach \nofthe peace. \nde parco fracto (dee pahr-koh frak-toh), n. [Law Latin \n\"of pound breach\"] Hist. A writ against someone, esp. \nan owner, who breaks into a pound to rescue animals \nthat have been legally distrained and impounded. \n\"And, being thus in the custody of the law, the taking them \nback by force is looked upon as an atrocious injury, and \ndenominated a rescous, for which the distreinor has a \nremedy in damages, either by writ of rescous, in case they \nwere going to the pound, or by writ de parco fracto, or \npoundbreach, in case they were actually impounded.\" 3 \nWilliam Blackstone, Commentaries on the Laws ofEng/and \n146 (1768). \nde partitione facienda (dee pahr-tish-ee-oh-nee fay\nshee-en-d<l), n. [Law Latin] Hist. A writ to partition \nlands or tenements. \ndepartment, n. (l8c) L A division of a greater whole; \na subdivision <a legal department>. 2. A country's \ndivision ofterritory, usu. for governmental and admin\nistrative purposes, as in the division of a state into \ncounties <France has regional departments similar to \nstates>. 3. A principal branch or division of govern\nment <legislative department>; speci., a division of the \nexecutive branch of the U.S. government, headed by a \nsecretary who is a member of the President's cabinet \n<Department of Labor>. [Cases: United States \n30.) departmental, adj. \nDepartment of Agriculture. The cabinet-level depart\nment ofthe federal government responsible for improv\ning farm income, developing foreign markets for U.S. \nfarm products, conducting agricultural research, and \ninspecting and grading food products . Created in \n1862, it is headed by the Secretary of Agriculture. -\nAbbr. USDA. [Cases: Agriculture Cr':::>2.] \nDepartment of Commerce. The cabinet -level depart\nment of the federal government responsible for pro\nmoting the nation's international trade, economic \ngrowth, and technical advancement . Designated as \na department in 1913, it is headed by the Secretary of Commerce. -Abbr. DOC. [Cases: United States \n33.] \nDepartment of Defense. See DEFENSE DEPARTMENT. \nDepartment ofDefense Dependents Schools. A unit in \nthe U.S. Department ofDefense responsible for operat\ning schools from kindergarten through grade 12 for the \ndependents of military and civilian personnel stationed \noverseas. -Abbr. DoDDS. \nDepartment ofEducation. The cabinet-level department \nofthe federal government responsible for advising the \nPresident on federal education policy, and adminis\ntering and coordinating most federal programs of \nassistance to education . Headed by the Secretary \nof Education, the Department includes the Office of \nBilingual Education and Minority Languages Affairs \n(OBEMLA), the Office of Educational Research and \nImprovement (OERI), the Office of Elementary and \nSecondary Education (OESE), the Office of Post sec\nondary Education (OPE), the Office of Special Educa\ntion and Rehabilitative Services (OSERS), the Office of \nStudent Financial (OSF), the Office of Vocational and \nAdult Education (OVAE), and ten regional offices. -\nAbbr. DOE. [Cases: Schools \nDepartment of Energy. The cabinet-level department \nof the federal government responsible for advising the \nPresident on energy policies, plans, and programs, and \nfor providing leadership in achieving efficient energy \nuse, diversity in energy sources, and improved environ\nmental quality . Headed by the Secretary ofEnergy, it \noversees a comprehensive national energy plan, includ\ning the research, development, and demonstration of \nenergy technology; energy conservation; the nuclear\nweapons program; and pricing and allocation. Abbr. \nDOE. [Cases: United States C=>33.) \nDepartment of Health and Human Services. The cabi\nnet-level department of the federal government respon\nsible for matters ofhealth, welfare, and income security. \n Itwas originally established by Reorganization Plan \nNo.1 of 1953 under the title Department of Health, \nEducation, and Welfare, The Department is headed by \nthe Secretary of Health and Human Services. Abbr. \nHHS. [Cases: Social Security and Public Welfare \n5.) \nDepartment of Homeland Security. '{he cabinet-level \ndepartment ofthe federal government responsible for \nensuring security within the U.S. borders and in its \nterritories and possessions . The Department has five \nmajor divisions: Border and Transportation Security, \nEmergency Preparedness and Response, Science and \nTechnology, Information Analysis and Infrastruc\nture, and Management. Itwas established in 2002 and \nbegan operating in 2003. Abbr. DHS. [Cases: War \nand National Emergency \nDepartment ofHousing and Urban Development. The \ncabinet-level department of the federal government \nresponsible for overseeing programs that are con\ncerned with hOUSing needs and fair-housing oppor\ntunities, and with improving and developing the \n\n502 department of human services \nnation's communities . It was established in 1965 bv \nthe Department of Housing and Urban Developmen't \nAct. 42 USCA  3532-37. It is headed by the Secretary \nof Housing and Urban Development. -Abbr. HUD. \n[Cases: United States C:=>82(3).J \ndepartment of human services. See DEPARTMENT OF \nPUBLIC WELFARE. -Abbr. DHS. \nDepartment of Justice. The federal executive division \nthat is responsible for federal law enforcement and \nrelated programs and services. The U.S. Attorney \nGeneral heads this department, which has separate \ndivisions for prosecuting cases under federal antitrust \nlaws, tax laws, environmental laws, and criminal laws. \nThe department also has a civil division that represents \nthe U.S. government in cases involving tort claims and \ncommercial litigation. -Abbr. DOJ. [Cases: Attorney \nGeneral C:=>2.J \nDepartment of Labor. The cabinet-level department of \nthe federal government responsible for promoting the \nwelfare of wage earners and for improving working con\nditions and opportun"}
{"text": "of \nthe federal government responsible for promoting the \nwelfare of wage earners and for improving working con\nditions and opportunities for profitable employment. \n Headed by the Secretary of Labor, it was created in \n1913.29 USCA  551. -Abbr. DOL. [Cases: Labor and \nEmployment (',::;:>62.] \ndepartment of public welfare. A state-government \nagency that administers public-assistance programs \nof all types, such as food stamps and hOUSing vouchers. \n In many communities, this department is now called \nthe Department of Human Services or Department \nof Social Services. Abbr. DPW. [Cases: Labor and \nEmployment (>;)62.] \nDepartment ofSocial Services. See CHILD PROTECTIVE \nSERVICES. -Abbr. DSS. \nDepartment of State. The cabinet-level department of \nthe federal government responsible for advising the \nPresident in formulating and executing foreign policy. \n Headed by the Secretary of State, the Department \nnegotiates treaties and other agreements with foreign \nnations; speaks for the United States before the United \nNations and other international organizations; and rep\nresents the United States at international conferences. \nItwas established in 1789 as the Department of Foreign \nAffairs and was renamed the Department ofState later \nthe same year. 22 USCA 2651-2728. Foreign affairs \nare handled through six bureaus: African Affairs, \nEuropean Affairs, East Asian and Pacific Affairs, \nNear East Affairs, South Asian Affairs, and Western \nHemisphere Affairs. Also termed State Department. \n(Cases: United States \nDepartment of the Interior. The cabinet-level depart\nment of the federal government responsible for \nmanaging the nation's public lands and minerals, \nnational parks, national wildlife refuges, and western \nwater resources, and for upholding federal trust respon\nsibilities to Indian tribes. -The Department also has \nresponsibility for migratory-wildlife conservation; \nhistorical preservation; endangered species; surface\nmined-lands preservation and restoration; mapping; and geological, hydrological, and biological science. It \nwas created in 1849 and reorganized in 1950. Headed \nby the Secretary of the Interior, it administers several \nagencies, including the Bureau of Land Management, \nthe Bureau ofIndian Affairs, the U.S. Fish and Wildlife \nService, and the U.S. Geological Survey. -Also termed \nInterior Department. [Cases: Public Lands C:=>94.] \nDepartment ofthe Navy. See NAVY DEPARTMENT. \nDepartment ofthe Treasury. The cabinet-level depart\nment of the federal government responsible for rec\nommending tax and fiscal policies, collecting taxes, \ndisbursing U.S. government funds, enforcing tax laws, \nand manufacturing coins and currency . Created by \nCongress in 1789, it is headed by the Secretary of the \nTreasury. Also termed Treasury Department. [Cases: \nUnited States \nDepartment of Transportation. The federal executive \ndivision responsible for programs and policies concern\ning transportation . Through a series of specialized \nal'\\<;l1\\\".lI;;~, this department oversees aviation, highways, \nrailroads, mass transit, the U.S. merchant marine, and \nother programs. -Abbr. DOT. \nDepartment of Veterans Affairs. The cabinet-level \ndepartment of the federal government responsible for \noperating programs that benefit veterans of military \nservice and their families. It is headed by the Sec\nretary of Veterans Affairs. -Abbr. VA. -Formerly \ntermed Veterans Administration. [Cases: Armed \nServices C:=> 102.] \ndeparture, n. (I5c) 1. A deviation or divergence from a \nstandard rule, regulation, measurement, or course of \nconduct <an impermissible departure from sentencing \nguidelines>. \ndownward departure. (1982) In the federal sentencing \nguidelines, a court's imposition of a sentence more \nlenient than the standard guidelines propose, as when \nthe court concludes that a criminal's history is less \nserious than it appears. [Cases: Sentencing and Pun\nishment C=>850.] \nforbidden departure. (1996) An impermissible devia\ntion from the federal sentencing guidelines based on \nrace, sex, national origin, creed, religion, or socio\neconomic status. [Cases: Sentencing and Punishment \nC:=>804.J \nlateral departure. (1993) In the federal sentencing \nguidelines, a sentence allowing a defendant to avoid \nincarceration through community or home confine\nment. -Also termed lateral sentencing. [Cases: Sen\ntencing and Punishment C:=>800-B02.] \nupward departure. (I982) In the federal sentencing \nguidelines, a court's imposition ofa sentence harsher \nthan the standard guidelines propose, as when the \ncourt concludes that a criminal's history did not take \ninto account additional offenses commUted the \nprisoner. (Cases: Sentencing and Punishment \n814.] \n\n503 \n2. A variance between a pleading and a later pleading or \nproof <the departure between the plaintiff's pleadings \nand the actual evidence was significant>. 3. A party's \ndesertion of the ground (either legal or factual) taken \nin the immediately preceding pleading and resort to \nanother ground <the defendant's departure from the \nasserted alibi necessitated a guilty plea>. -depart, \nvb. \ndeparture in despite ofcourt. Hist. A failure ofa defen\ndant (called a tenant) in a real action to appear on \ndemand. A tenant, having once appeared in a real \naction, was considered to be constructively present \nuntil again called. So if the tenant failed to appear \nwhen demanded, the tenant was said to have departed \nin despite (in contempt) ofcourt. \ndepefage (dep-;)-sahzh). [French \"dismemberment\"] A \ncourt's application of different state laws to different \nissues in a legal dispute; choice oflaw on an issue-by\nissue basis. \ndepeculation (dee-pek-y;t-Iay-sh;m). Hist. Embezzlement \nfrom the public treasury. Cf. PECULATION. -depecu\nlate, vb. \ndependency. (16c) 1. A land or territory geographically \ndistinct from the country governing it, but belonging \nto the country and governed by its laws . The Philip\npines was formerly a dependency of the United States. \nCf. COMMONWEALTH (2); TERRITORY (1). 2. A relation\nship between two persons or things whereby one is sus\ntained by the other or relies on the other for support \nor necessities. \ndependency court. See COURT. \ndependency exemption. See EXEMPTION. \ndependency hearing. See shelter hearing under \nHEARING. \ndependent, n. (16c) 1. One who relies on another for \nsupport; one not able to exist or sustain oneself without \nthe power or aid of someone else. \nlawful dependent. (1908) 1. One who receives an \nallowance or benefits from the public, such as social \nsecurity. [Cases: Social Security and Public Welfare \n(;::::>4.10.] 2. One who qualifies to receive a benefit \nfrom private funds as determined by the laws gov\nerning the distribution. \nlegal dependent. (1909) A person who is dependent \naccording to the law; a person who derives principal \nsupport from another and usu. may invoke laws to \nenforce that support. \npartial dependent. Workers' compensation. A person \nwhose partial reliance on an employee covered under \nworkers'-compensation law for support entitles him \nor her to receive death benefits if the employee is \nkilled on the job. [Cases: Workers' Compensation \n<:;=:>414,415.] \n2. Tax. A person, such as a child or parent, for whom \na taxpayer may be able to claim a personal exemption \nifthe taxpayer provides more than half ofthe person's \nsupport during the taxable year.  Besides support, de plegiis acquietandis \nother criteria must be met as welL IRC (26 USCA) \n 152.[Cases: Internal Revenue <:;=:>3294; Taxation \n3519.] -dependent, adj. \ndependent child. See CHILD. \ndependent claim. See PATENT CLAIM. \ndependent condition. See CONDITION {2}. \ndependent contract. See CONTRACT. \ndependent covenant. See COVENANT (1). \ndependent coverage. See COVERAGE. \ndependent intervening cause. A cause of an accident or \ninjury that occurs between the defendant's behavior \nand the injurious result, but that does not change the \ndefendant's liability. See intervening cause under CAUSE \n(1). [Cases: Criminal Law Negligence \ndependent promise. See PROMISE. \ndependent relative revocation. (1855) A common-law \ndoctrine that operates to undo an otherwise sufficient \nrevocation of a will when there is evidence that the tes\ntator's revocation was conditional rather than absolute. \n Typically, the doctrine applies when a testator has \nphYSically revoked the will and believes that a new will \nis valid, although this belief is mistaken. The doctrine \nundoes only the revocation; it does not always accom\nplish the testator's intent or validate an otherwise \ninvalid wilL -Also termed dependent-relative-revo\ncation doctrine; conditional revocation; mistakenly \ninduced revocation; ineffective revocation; doctrine of \nineffective revocation. [Cases: Wills (;:=,167-195.] \ndependent state. See nonsovereign state under STATE. \nde perambulatione facienda (dee p<l-ram-by;t-Iay-shee\noh-nee fay-shee-en-d<l), n. [Law Latin \"for making per\nambulation\"] Hist. A writ ordering the sheriff to go with \n12 knights of the county to settle a boundary dispute \nby walking about to determine the proper boundary \nbetween adjacent towns or lordships. \nde placito (dee plas-;t-toh), n. [Law Latin] Of a plea . \nThese words were used in a declaration describing the \nparticular action being brought, as in de placito debit \n(\"of a plea of debt\"). \nde plagis et mahemio (dee play-jis et m;t-hee-mee-oh), \nn. [Law Latin \"of wounds and mayhem\"] Hist. A type \nof criminal appeal used in cases of wounding and \nmaiming. \nde plano (dee play-noh). [Latin \"from ground level\"] \n1. Roman law. Informally; in a summary manner. _ \nThe praetor would administer justice de plano when \nhe stood on the same level with the parties instead of \nsitting on an elevated bench. 2. His!. Clearly; mani\nfestly, as in de bigamis. See DE BIGAMIS. 3. Hist. By col\nlusion. 4. Scots law. Forthwith. \nde plegiis acquietandis (dee plee-jee-is ;>-kwl-<l-tan-dis), \nn. [Law Latin \"for acquitting or releasing pledges\"] Hist. \nA writ ordering repayment to a surety by a principal \nwho had failed to make a required payment that the \nsurety then had to cover. \n\n504 depletable economic interest \ndepletable economic interest. A mineral-land interest \nsubject to depletion by the removal (by drilling or \nmining) of the mineral that is the subject of the \ninterest. \ndepletion, n. (l7c) An emptying, exhausting, or wasting \nof an asset, esp. of a finite natural resource such as \noil. -deplete, vb. -depletive, a~i. \ndepletion allowance. See ALLOWANCE (3). \ndepletion reserve. Accounting. A charge to income \nreflecting the decrease in the value of a wasting asset, \nsuch as an oil reserve. \ndepone (di-pohn), vb. Scots law. To testify. See DEPOSE. \nde ponendo sigillum ad exceptionem (dee pa-nen-doh \nsi-jil-am ad ek-sep-shee-oh-nam), n. [Law Latin \"for \nputting a seal to an exception\"] Hist. A writ directing \njustices ofassize to preserve exceptions taken by a party \nin a case. \ndeponent (di-poh-nant), n. (l6c) 1. One who testifies by \ndeposition. 2. A witness who gives written testimony \nfor later use in court; AFFIANT. -depone, vb. \ndepopulatio agrorum (dee-pop-yoo-Iay-shee-oh \na-gror-am), n. [Law Latin \"depopulating the county\"] \nHist. The crime of destroying or ravaging a country. \n A person could not claim the benefit of clergy for \nthis crime. \ndepopulation. 1. A substantial reduction in population. \n2. Hist. A species of waste by which the kingdom's pop\nulation was diminished. See DEPOPULATIO AGRORUM. \ndeportable, adj. (Of an alien) subject to removal from a \ncountry after an illegal entry. \ndeportable alien. See ALIEN. \ndeportatio (dee-por-tay-shee-oh), n. [fr. Latin depor\ntare \"to carry away\"] Roman law. Permanent exile of a \ncondemned criminal involving loss ofcitizenship and, \nusu., forfeiture ofall property. Cf. RELEGATIO. \n\"Deportatio. Perpetual banishment ofa person condemned \nfor a crime. It was the severest form of banishment since \nit included additional penalties. such as seizure of the \nwhole property. loss of Roman citizenship, confinement \nto a definite place. Under the Principate it replaced the \nformer interdictio aqua et igni. The emperor could grant \nthe deportee full amnesty, which restored him to his former \nrights (postliminium). Places of deportatiowere islands (in \ninsu/am) near the Italian shore or an oasis in the Libyan \ndesert.\" Adolf Berger, Encyclopedic Dictionary ofRoman \nLaw 432 (1953). \ndeportation (dee-por-tay-sh,m), n. The act or an instance \nof removing a person to another country; esp., the \nexpulsion or transfer ofan alien from a country. [Cases: \nAliens, Immigration, and Citizenship (;::=>210-292.]\ndeport, vb. \ndepose (di-pohz), vb. (14c) l. To examine (a witness) in \na deposition <the defendant's attorney will depose the \nplaintiff on Tuesday>. [Cases"}
{"text": ") in \na deposition <the defendant's attorney will depose the \nplaintiff on Tuesday>. [Cases: Federal Civil Procedure \n(>1311-1456; Pretrial Procedure ~~91-227.]2. To \ntestify; to bear witness <the affiant deposes and states \nthat he is at least 18 years old>. 3. To remove from office or from a position of power; dethrone <rebels sought \nto depose the dictator>. \ndeposit, n. (17c) 1. The act of giving money or other \nproperty to another who promises to preserve it or \nto use it and return it in kind; esp., the act of placing \nmoney in a bank for safety and convenience. [Cases: \nBanks and Banking 119-155.] 2. The money or \nproperty so given. \ndemand deposit. A bank deposit that the depositor \nmay withdraw at any time without prior notice to \nthe bank. \ndirect deposit. 1he payment of money by transferring \nthe payment directly into the payee's bank account, \nusu. by electronic transfer. \nfrozen deposit. A bank deposit that cannot be with\ndrawn, as when the financial institution is insolvent \nor an account is restricted. \ngeneral deposit. 1. A bank deposit of money that is \ncommingled with other depositors' money. 2. A bank \ndeposit that is to the depositor's credit, thus giving \nthe depositor a right to the money and creating a \ndebtor-creditor relationship between the bank and \nthe depositor . A bank is not required to return \nthe actual money deposited as a general deposit, as \nit must with a special deposit; the bank need return \nonly an equivalent sum. [Cases: Banks and Banking \n(>75-80,119.] \nspecial deposit. A bank deposit that is made for a \nspecific purpose, that is kept separately, and that is \nto be returned to the depositor . The bank serves \nas a bailee or trustee for a special deposit. -Also \ntermed deposit. [Cases: Banks and Banking \ntime deposit. A bank deposit that is to remain for a \nspecified period or for which notice must be given \nto the bank before withdrawal. Also termed term \ndeposit. \n3. Money placed with a person as earnest money or \nsecurity for the performance of a contract.  The money \nwill be forfeited if the depositor fails to perform. \nAlso termed security deposit. 4. Copyright. The placing \nof two copies of a published work with the Library of \nCongress within three months of publication . This \nrequirement is independent of copyright registration. \n[Cases: Copyrights and Intellectual Property C='50.1O.] \n5. Civil law. A contract by which a depositor delivers a \nthing to a depositary for safekeeping. La. Civ. Code arts. \n2926, 2929 . A deposit may be either an onerous or a \ngratuitous contract. -Also termed depositum; naked \ndeposit; gratuitous deposit. See gratuitous bailment \nunder BAILMENT. [Cases: Bailment \ninvoluntary deposit. A deposit made by accidentally \nleaving or placing personal property in another's pos\nsession. See involuntary bailment under BAILMENT. \nnecessary deposit. A bailment, usu. made by reason \nof emergency or other necessity, that prevents the \ndepositor from freely choosing the depositary . A \n\n505 \nnecessary deposit occurs, for example, when a person \nentrusts goods to a stranger during a fire. \nquasi-deposit. An involuntary deposit made when one \nparty lawfully possesses property merely by finding \nit. \nvoluntary deposit. A deposit made by the mutual \nconsent of the bailor and bailee. \n6. Patents. The placing ofa sample of microorganisms \nor cell lines with the U.S. Patent and Trademark Office \nto satisfy the enablement requirement. -The practice is \nnot statutory but has been established by regulation and \ncaselaw. 37 CFR  1.801-809. -Also termed enable\nment by deposit. [Cases: Patents C::> 100.] \ndeposit account. See ACCOUNT. \ndepositary. (17c) 1. A person or institution that one \nleaves money or valuables with for safekeeping <a \ntitle-insurance officer is the depositary of the funds>. \n-When a depositary is a company, it is often termed a \nsafe-deposit company. Cf. DEPOSITORY. [Cases: Deposits \nand Escrows (;::.C:O I3 ; Warehousemen (;::.:>39.J 2. A gra\ntuitous bailee. See DEPOSIT (5). [Cases: Bailment (;::.:> \n2.] \ndepositary bank. See BANK. \ndeposit box. See SAFE-DEPOSIT BOX. \ndeposit company. See COMPANY. \ndeposit contract. See CONTRACT. \ndeposit in court. 1he placing of money or other property \nthat represents a person's potential liability in the \ncourt's temporary custody, pending the outcome of a \nlawsuit. Also termed deposit into the registry ofthe \ncourt. [Cases: Deposits in Court \ndeposit insurance. See INSURANCE. \ndeposit into the registry of the court. See DEPOSIT IN \nCOURT. \n. deposition (dep-a-zish-.m). (14c) 1. A witness's out-of\ncourt testimony that is reduced to writing (usu. by a \ncourt reporter) for later use in court or for discovery \npurposes. See Fed. R. Civ. P. 30; Fed. R. Crim. P. 15.\nAlso termed examination before trial. [Cases: Criminal \nLaw ~-::>627.2; Federal Civil Procedure <:::=) 1311-1456; \nPretrial Procedure C-~91-206.12. The session at which \nsuch testimony is recorded. \napex deposition. (1992) The deposition of a person \nwhose position is at the highest level of a company's \nhierarchy. -Courts often preclude an apex deposi\ntion unless (1) the person to be deposed has particular \nknowledge regarding the claim, and (2) the request\ning party cannot obtain the requested and discov\nerable information through less intrusive means. \n[Cases: Federal Civil Procedure 1325; Pretrial \nProcedure (;::.:> 1Ol.] \ndeposition de bene esse (dee bee-nee es-ee also day \nben-ayes-ay). (i8c) A deposition taken from a witness \nwho will likely be unable to attend a scheduled trial \nor hearing. -Ifthe witness is not available to attend \ntrial, the testimony is read at trial as if the witness depository institution \nwere present in court. See testimony de bene esse \nunder TESTIMONY. [Cases: Federal Civil Procedure \n(;::.:> 1291-1299, 1311-1456; Pretrial Procedure \n61-65.J \ndeposition on written questions. (1970) A deposition \ngiven in response to a prepared set of written ques\ntions, as opposed to a typical oral deposition. See Fed. \nR. Civ. P. 31. Formerly also termed deposition on \nwritten interrogatories. [Cases: Federal Civil Proce\ndure 1369; Pretrial Procedure \n\"The advantage of a deposition on written questions is \nthat counsel for the parties need not go to some distant \nplace to be present at the taking of the deposition. Instead \nthey serve on each other questions and cross questions ~ \nand even redirect and recross questions that they wish \nto have put to the deponent. These are then sent to the \nofficer who is to take the deposition. The officer puts the \nquestions to the witness, records the answers, and tran\nscribes and files the deposition as with an oral deposition. \nThe officer is merely to record what the witness says in \nresponse to the various questions propounded to him or \nher.\" Charles Alan Wright, The Law ofFederal Courts  85, \nat 618-19 (5th ed. 1994). \noral deposition. (1910) A deposition given in response \nto oral questioning by a lawyer. [Cases: Federal Civil \nProcedure 1381; Pretrial Procedure \n30(b)(6) deposition. (1979) Under the Federal Rules of \nCivil Procedure, the deposition of an organization, \nthrough the organization's designated representa\ntive. _ Under Rule 30(b)(6), a party may take the \ndeposition of an organization, such as a corporation. \nThe notice of deposition (or subpoena) may name \nthe organization and may specify the matters to be \ncovered in the deposition. The organization must then \ndeSignate a person to testify about those matters on its \nbehalf. Fed. R. Civ. P. 30(b)(6). Most states authorize a \nsimilar procedure under state-court procedural rules. \n[Cases: Federal Civil Procedure (;::.:> 1325.J \n3. 1he written record of a witness's out-of-court testi\nmony. 4. Eccles. law. The involuntary release of a clergy\nman from the exercise of his office. Cf. DEGRADATION \n(1); DEPRIVATION (4). \ndeposition on written interrogatories. See deposition \non written questions under DEPOSITION. \ndeposition SUbpoena. See SUBPOENA. \ndeposition subpoena duces tecum. See subpoena duces \ntecum under SUBPOENA. \ndeposit of title deeds. A pledge of real property as \nsecurity for a loan, by placing with the lender, as \npledgee, the title-deed to the land. \ndepositor, n. One who makes a deposit. See DEPOSIT. \ndepository (di-poz-d-tor-ee), n. (17c) A place where one \nleaves money or valuables for safekeeping <the grade \nschool's depository for used books>. Cf. DEPOSITARY. \ndepository bond. See BOND (2). \ndepository institution. 1. An organization formed \nunder state or federal law, authorized by law to \nreceive deposits, and supervised and examined by a \ngovernment agency for the protection of depositors. \n\n506 depository-transfer check \n[Cases: Banks and Banking 232-235, 505.] \n2. A trust company or other institution authorized \nby law to exercise fiduciary powers similar to those \nof a national bank. -The term does not include an \ninsurance company, a Morris Plan bank, an industrial \nloan company, or similar bank unless its deposits are \ninsured by a federal agency. [Cases: Banks and Banking \ndepository-transfer check. See CHECK. \nDepository Trust Corporation. The principal central \nclearing agency for securities transactions on the public \nmarkets. Abbr. DTC. \ndeposit premium. The initial premium paid by an \ninsured pending the final premium adjustment. \ndeposit ratio. The ratio oftotal deposits to total capital. \ndeposit slip. A bank's written acknowledgment of an \namount received on a certain date from a depositor. \n[Cases: Banks and Banking ~ 121.1 \ndepositum (di-poz-i-tam), n. Roman law. The gratuitous \ndeposit of goods for the benefit ofthe depositor.  The \ndepositee was liable only for dolus. See DOLUS. Cf. gra\ntuitous bailment under BAILMENT; DEPOSIT (5). \ndeposit warrant. See WARRANT (2). \nde post disseisina (dee pohst dis-see-zin-a), n. [Law Latin \n\"of past disseisin\"] Hist. A writ for recovery ofland by \na person who had previously recovered the land from \na disseisor by a praecipe quod reddat or on a default \nor reddition, but who was again disseised by the same \ndisseisor. \nde praerogativa regis (dee pri-rog-a-tI-va ree-jis). See \nPRAEROGATIVA REGIS. \nde praesenti (dee pri-zen-tI). [Law Latin] Hist. At \npresent; of the present. - A consent to marriage de \npraesenti constitutes marriage in itself. -Also spelled \nde presenti. Cf. DE FUTURO. \ndepraved, adj. (14c) 1. (Of a person or crime) corrupt; \nperverted. 2. (Of a crime) heinous; morally horren\ndous. depravity, n. \ndepraved-heart murder. See MURDER. \ndepraved-indifference murder. See depraved-heart \nmurder under MURDER. \ndepredable life. See USEFUL LIFE. \ndepredation (di-pree-shee-ay-shan), n. (1862) A decline \nin an asset's value because of use, wear, obsolescence, or \nage. Cf. APPRECIATION; AMORTIZATION (2). -depreci\nate, vb. depreciable, adj. \naccelerated depreciation. Depreciation recorded using \na method that writes off the cost of an asset more \nrapidly than the straight-line method. \naccumulated depreciation. (1916) The total deprecia\ntion currently recorded on an asset.  On the balance \nsheet, an asset's total cost less accumulated deprecia\ntion reflects the asset's book value. -Also termed \naccrued depreciation. annual depreciation. (1862) The yearly decrease in a \nproperty's value due to regular wear and tear. \neconomic depreciation. A reduction in the value of \nan asset due to a shortening of the asset's economic \nlife. \nfunctional depreciation. (1910) Depreciation that \nresults from the replacement of equipment that is \nnot yet worn out but that is obsolete in light of new \ntechnology or improved methodology allowing more \nefficient and satisfactory production. \ndepredation method. (1915) A set formula used in \nestimating an asset's use, wear, or obsolescence over \nthe asset's useful life or some portion thereof . This \nmethod is useful in calculating the allowable annual \ntax deduction for depreciation. See USEFUL LIFE. [Cases; \nInternal Revenue C:=3470-3505; Taxation ~3516.] \naccelerated depreciation method. (1964) A depre\nciation method that yields larger deductions in the \nearlier years of an asset's life and smaller deductions \nin the later years. \nannuity depreciation method. A depreciation method "}
{"text": "an asset's life and smaller deductions \nin the later years. \nannuity depreciation method. A depreciation method \nthat allows for a return of imputed interest on the \nundepreciated balance of an asset's value. _ The \nimputed interest is subtracted from the current depre\nciation amount before it is credited to the accumu\nlated depreciation accounts. \ndeclining-balance depreciation method. (1947) A \nmethod of computing the annual depreciation \nallowance by multiplying the asset's undepreciated \ncost each year by a uniform rate that may not exceed \ndouble the straight-line rate or 150 percent. \ndouble-declining depreciation method. (1996) A depre\nciation method that spreads over time the initial cost \nof a capital asset by deducting in each period twice \nthe percentage recognized by the straight-line method \nand applying that double percentage to the undepreci\nated balance existing at the start of each period. \nreplacement-cost depreciation method. A deprecia\ntion method that fixes an asset's value by the price \nof its substitute. \nsinking-fund depreciation method. A depreciation \nmethod that accounts for the time value ofmoney by \nsetting up a depreciation-reserve account that earns \ninterest, resulting in a gradual yearly increase in the \ndepreciation deduction. \nstraight-line depreciation method. (1930) A depre\nciation method that writes off the cost or other basis \nof the asset by deducting the expected salvage value \nfrom the initial cost ofthe capital asset, and dividing \nthe difference by the asset's estimated useful life. \nsum-of-the-years'-digits depreciation method. A \nmethod of calculating the annual depreciation \nallowance by multiplying the depreciable cost basis \n(cost minus salvage value) by a constantly decreas\ning fraction, which is represented by the remain\ning years of useful life at the beginning of each year \ndivided by the total number of years of useful life at \n\nthe time of acquisition. Sometimes shortened to \nSYDmethod. \nunit depreciation method. A depreciation method \ndirectly related to the productivity of the asset -that \ndivides the asset's value by the estimated total number \nof units to be produced, and then multiplies the unit \ncost by the number ofunits sold during the year, rep\nresenting the depreciation expense for the year. \nunits-oj-output depreciation method. A method by \nwhich the cost of a depreciable asset, minus salvage \nvalue, is allocated to the accounting periods benefited \nbased on output (as miles, hours, number of times \nused, an'd the like). \ndepreciation reserve. An account built up to offset the \ndepreciation of property because of time and use, so \nthat at the end ofthe property's service there is enough \nmoney to replace the property. lCases: Electricity C=o \n11.3(3); Gas C'=' 14.4(9); Public Utilities 127.] \ndepredation. (ISc) The act ofplundering; pillaging. \nde presenti. See DE PRAESENTI. \ndepression. (I8c) A period of economic stress that \npersists over an extended period, accompanied by \npoor business conditions and high unemployment. \nCf. RECESSION. \ndeprivation. (15c) 1. An act oftaking away <deprivation \nof property>. 2. A withholding of something <depriva\ntion offood>. 3. The state ofbeing without something; \nwanting <sleep deprivation>. 4. A removal or degrada\ntion from office, esp. an ecclesiastical office <depriva\ntion ofthe bishop>. Cf. DEPOSITION (4); DEGRADATION \n(1). \ndeprived child. See CHILD. \nDeprizio doctrine. (1990) Bankruptcy. The rule that a \ndebtor's payment to an outside creditor more than 90 \ndays before a bankruptcy filing is voidable as a prefer\nential transfer if the payment also benefits an inside \ncreditor. Levit v, Ingersoll Rand Fin. Corp. (In re v.N. \nDeprizio Constr. Co.), 874 F.2d 1186 (7th Cir. 1989). \n[Cases: Bankruptcy (::::)2608(2).] \nde procedendo ad judicium (dee proh-s~-den-doh ad \njoo-dish-ee-~m), n. [Law Latin \"for proceeding in an \nassise\"] Hist. A chancery writ ordering a lower court to \nproceed to judgment in a case that had been wrongfully \nstayed. -Ifthe lower-court justices refused, they could \nbe punished for contempt. \nde proprietate probanda (dee pr~-prI-<l-tay-tee pr~\nban-d<l), n. [Law Latin \"for proving property\"] Hist. A \nwrit ordering a sheriff to investigate the ownership of \ndistrained goods claimed by a defendant in a replevin \naction. \n\"If therefore the distreinor claims any such property, \nthe party replevying must sue out a writ de proprietate \nprobanda, in which the sheriff is to try, by an inquest, \nin whom the property previous to the distress subsisted. \nAnd if it be found to be in the distreinor, the sheriff can \nproceed no farther: but must return the claim of property \nto the court of king's bench or common pleas, to be there \nfarther prosecuted, if thought advisable, and there finally determined.\" 3 William Blackstone, Commentaries on the \nLaws of England 148 (1768). \ndepnblished opinion. See OPINION (I), \ndepute, n. Scots law. A person appointed to act in an \nofficial capacity or as another official's representative. \ndeputy, n. (ISc) A person appointed or delegated to act \nas a substitute for another, esp. for an official. [Cases: \nOfficers and Public Employees C=o47.] -deputize, \ndepute, vb. \ncourtroom deputy. The deputy clerk aSSigned to a \nparticular courtroom or a particular judge. [Cases: \nCourts \ngeneral deputy. 1. A deputy appointed to act in another \nofficer's place and execute all ordinary functions of \nthe office. [Cases: Officers and Public Employees \n47.] 2. See deputy sheriff under SHERIFF. \nspecial deputy. A deputy specially appointed to serve a \nparticular purpose, such as keeping the peace during \na riot. \ndeputy sheriff. See SHERIFF. \nDEQ. abbr. DELIVERED EX QUAY. \nde quarantina habenda (dee kwahr-<ln-tI-m h<l-ben-d<l), \nn. [Law Latin \"of return of quarantine\"] Hist. A writ \nordering a sheriff to give a widow possession of part \nof her husband's estate, after she had been wrongfully \nejected but before dower is aSSigned. See QUARANTINE \n(4). \nde quo (dee kwoh). [Latin] Ofwhich. -These were formal \nwords used in a writ of entry, as in a writ of entry \"in \nthe quo\" or \"in the quibus.\" Also termed de quibus. \nderaign, n. Archaic. The process ofproving, vindicating, \nor maintaining a legal right. -Historically, a deraign \ncommonly took the form of a duel or trial by combat. \nAlso termed deraignment. \nderaign, vb. Archaic. 1. To prove, justify, vindicate, or \nsettle (a right or claim). 2. To dispute or contest. 3. Hist. \nTo settle (a dispute) by battle or duel. \nderaignment. See DERAIGN, n. \nde raptu virginum (dee rap-t[y]oo v3r-j<l-n<lm), n. [Latin \n\"of the ravishment of virgins\"] Hist. A writ for taking \nan appeal in a rape case. \nde rationabilibus divisis (dee rash-<ln-<l-bil-i-b~s di-VI\nsis), n. [Law Latin \"of the fixing of reasonable bound\naries\") Hist. A writ to settle the boundaries between \nproperty owners of different towns when one owner \nclaimed a trespass by the other. \nde rationabili parte bonorum (dee rash-[ee]-~-nay-b~-lI \npahr-tee bo:l-nor-<lm), n. [Law Latin \"of reasonable share \nof goods\"] Hist. A writ allowing the wife and children \nof a dead man to recover a reasonable share of his goods \nfrom his executors after his debts were paid. _ This writ \nwas usu. founded on custom rather than the general \nlaw. \nde recenti (dee ri-sen-tr). [Law Latin] Scots law. Recently. \n-1he term adds weight to a statement that is made or \n\n508 de recorda etprocessu mittendis \nan event (such as an arrest) that occurs soon after an \nincident. In a theft case, for example, the presumption \nof guilt was greater when the suspect was identified \nsoon after the theft occurred. \nde recorda etprocessu mittendis (dee ri-kor-doh et proh\nses-[y]oo mi-ten-dis), n. [Law Latin \"ofthe sending of \nthe record and process ofa cause to a superior court\"] \nA type ofwrit oferror. \nderecho de autor. See AUTHOR'S RIGHT. \nde recto (dee rek-toh), n. [Law Latin] A writ of right \nto recover both the seisin and the property. -Also \ntermed breve de recto. See WRIT OF COURSE. \nde recto de advocatione (dee rek-toh dee ad-va-kay-shee\noh-nee), n. [Law Latin \"of the right ofadvowson\"] Hist. \nA writ restoring a person's right to present a clerk to a \nbenefice when that right had been interfered with . It \nwas abolished by St. 3 & 4 Will. 4, ch. 27. \nde recto de rationabili parte (dee rek-toh dee rash-[ee]\na-nay-ba-h pahr-tee), n. [Law Latin \"of right of rea\nsonable part\"] Hist. A writ allowing one coparcener \nor blood relative owning land in fee simple to obtain a \nrightful share from the other. It was abolished by St. \n3 & 4 Will. 4, ch. 27. \nde rectopatens (dee rek-toh pay-tenz), n. [Law Latin \"of \nright patent\"] Hist. The highest writ ofright under the \nlaw given to an owner in tee simple to recover the pos\nsession and use ofland from the freehold tenant. \nAlso termed breve magnum de recto. \nde redisseisina (dee ree-dis-see-zin-a), n. [Law Latin \"of \nredisseisin\"] Hist. Awrit for recovery ofland or rent by \na person who had previously recovered the land or rent \nby an assize ofnovel disseisin, but who was again dis\nseised bv the same disseisor.  'Ibis writ is similar to de \npost dis;eisina. See DE POST DISSEISINA; DISSEISIN. \nderegistration, n. The point at which an issuer's registra\ntion under section 12 ofthe Securities Exchange Act of \n1934 is no longer required because of a decline in the \nnumber of holders of the issuer's securities. 15 USCA \n 781. Deregistration is triggered when the number of \nholders falls below a certain number or when required \nby an administrative order. Cf. DELISTING. [Cases: \nSecurities Regulation 035.22.] deregister, vb. \nderegulation, n. (1963) The reduction or elimination of \ngovernmental control ofbusiness, esp. to permit free \nmarkets and competition. deregulate, vb. \nfinancial deregulation. The lessening ofgovernmental \noversight and intervention in the business of finan\ncial institutions . Among other effects, regulation \nof financial contracts is relaxed and competition for \ndepositors and borrowers increases. \nderegulation clause. Oil & gas. A gas-contract provi\nsion specifying how the price ofgas will be calculated \nand what the buyer's and seller's obligations will be if \nregulated natural gas becomes deregulated. \nde rei gestae veritate (dee ree-I jes-tee ver-i-tay-tee). \n[Law Latin] Scots law. Ofthe truth ofthe thing done. \n A witness to a deed that had been lost could testify to the deed's existence and to the truthfulness of the \nstatements contained in it. \nderelict (der-a-likt), adj. (17c) 1. Forsaken; abandoned; \ncast away <derelict property>. See quasi-derelict under \nDERELICT. 2. Lacking a sense ofduty; in breach ofa \nlegal or moral obligation <the managers were derelict \nin their duties>. 3. Dilapidated; run-down. \nderelict, n. (17c) 1. Personal property abandoned or \nthrown away by the owner with no intent to claim it any \nlonger, such as a ship deserted at sea. [Cases: Salvage \n04.] \nquasi-derelict. A ship that has been deserted or aban\ndoned temporarily or involuntarily, as when the crew \nis dead or otherwise incapable ofnavigating the ship. \n[Cases; Salvage 04.] \n2. Land uncovered by water receding from its former \nbed. [Cases: Navigable Waters C~c:44; Waters and Water \nCourses ('=93.] 3. A street person or vagrant; a hobo. \ndereliction (der-<l-lik-shan), n. (16c) 1. The forsaking of \na legal or moral obligation with no intent to reassume \nit; abandonment <dereliction ofduty>. \ndereliction in the performance ofduties. Military \nlaw. Willful or negligent failure to perform assigned \nduties; culpable inefficiency in performing assigned \nduties. [Cases: Military Justice 0687.] \n2. An increase ofland caused by the receding ofa sea, \nriver, or stream from its usual watermark. See RELIC\nTION. [Cases: Navigable Waters 044; Waters and \nWater Courses C=-~93.] \nderelict-official act. A statute that mandates forfeiture \nofoffice ifthe holder willfully neglects or fraudulently \nfails to perform official duties. [Cases; Officers and \nPublic Employees \nde reparatione facienda (dee rep-<l-ray-shee-oh-nee \nshee-en-d<l)."}
{"text": "e facienda (dee rep-<l-ray-shee-oh-nee \nshee-en-d<l). Hist. 1. An action brought by a joint tenant \nto compel a cotenant to contribute to the repair of \njointly held property. 2. A writ issued in such an action. \n The writ had to issue before repairs were undertaken. \nThere was no remedy after repairs began. \nde replegiore de averiis. See DE AVERIIS REPLEGIANDIS. \nde rescussu (dee ri-sk;ls-[y]oo), n. [Law Latin \"of rescue\"] \nHist. A writ available when cattle were distrained or \npersons were arrested, and then rescued. \nde retorno habendo (dee ri-tor-noh ha-ben-doh). [Law \nLatin] for having a return. This term applied to (1) \na judgment for a defendant in a replevin action, (2) a \nwrit ofexecution for a detendant awarded judgment in \na replevin action, and (3) a surety provided by a plaintiff \nat the beginning ofa replevin action. \nd.e.r.i.c. abbr. DE EA RE ITA CENSUERE. \nde rien culpable (da reen k;ll-pa-bal). [Law French] \nGuilty ofnothing; not guilty. \nderivation clause. A deed-of-trust provision that \nprovides information about the transfer ofa property, \nesp. the source of the title, such as the name of the \n\nprevious grantor and the recording date ofthe deed. \nSee deed oftrust under DEED. \nderivative, adj. Copyright. Of, relating to, or constitut\ning a work that is taken from, translated from, adapted \nfrom, or in some way further develops a previous work. \n Copyright protection includes the exclusive right in \nderivative works, such as a screenplay adapted from a \nbook, or a variant musical arrangement. [Cases: Copy\nrights and Intellectual Property C=> 12(3).] \nderivative, n. 1. A financial instrument whose value \ndepends on or is derived from the performance ofa sec\nondary source such as an underlying bond, currency, \nor commddity. -Also termed derivative instrument; \nderivative security. \n\"Derivatives transactions may be based on the value of \nforeign currency, U.S. Treasury bonds, stock indexes, or \ninterest rates. The values of these underlying financial \ninstruments are determined by market forces, such as \nmovements in interest rates. Within the broad panoply of \nderivatives transactions are numerous innovative finan\ncial instruments whose objectives may include a hedge \nagainst market risks, management of assets and liabilities, \nor lowering of funding costs; derivatives may also be used \nas speculation for profit.\" Procter & Gamble Co. v. Bankers \nTrust Co., [1996-1997 Transfer Binder] Fed. Sec. L. Rep. \n(CCH) ~ 99,229, at 95,238 (S.D. Ohio 1996). \n2. See derivative work under WORK (2). \nderivative acquisition. See ACQUISITION. \nderivative action. (18c) 1. A suit by a beneficiary of a \nfiduciary to enforce a right belonging to the fiduciary; \nesp., a suit asserted by a shareholder on the corpora\ntion's behalf against a third party (usu. a corporate \nofficer) because of the corporation's failure to take \nsome action against the third party. See Fed. R. Civ. \nP. 23.1. -Also termed derivative suit; shareholder \nderivative suit; stockholder derivative suit; representa\ntive action. Cf. DIRECT ACTION (3). [Cases: Corpora\ntions C=>207.5.] 2. A lawsuit arising from an injury to \nanother person, such as a husband's action for loss of \nconsortium arising from an injury to his wife caused \nby a third person. \nderivative contraband. See CONTRABAND. \nderivative conveyance. See secondary conveyance under \nCONVEYANCE. \nderivative deed. See secondary conveyance under CON\nVEYANCE. \nderivative defense. See DEFENSE (1). \nderivative entrapment. See ENTRAPMENT. \nderivative estate. See ESTATE (1). \nderivative evidence. See EVIDENCE. \nderivative instrument. See DERIVATIVE (1). \nderivative-jurisdiction doctrine. (1964) The principle \nthat a case is not properly removable unless it is within \nthe subject-matter jurisdiction ofthe state court from \nwhich it is removed. \nderivative lease. See SUBLEASE. \nderivative liability. See LIABILITY. derivative market. See MARKET. \nderivative possession. See POSSESSION. \nderivative power. See POWER (3). \nderivative security. See DERIVATIVE (1). \nderivative settlement. See SETTLEMENT (2). \nderivative suit. See DERIVATIVE ACTION (1). \nderivative title. See TITLE (2). \nderivative-use immunity. See use immunity under \nIMMUNITY (3). \nderivative work. See WORK (2). \nderived demand. See DEMAND (4). \nderogation (der-;l-gay-sh;m), n. (15c) 1. The partial repeal \nor abrogation ofa law by a later act that limits its scope \nor impairs its utility and force <statutes in derogation \nof the common law>. [Cases: Statutes C=>237, 239.] 2. \nDisparagement; depreciation in value or estimation \n<some argue that the derogation of family values has \ncaused an increase in crime>. 3. Detraction, prejudice, \nor destruction (of a grant or right) <an attorney may \nbe punished for derogation from professional integ\nrity>. -derogate (der-;l-gayt), vb. \nderogation clause. Int'llaw. A reservation in a treaty \nallowing a signator to refuse to comply with certain \nprovisions. For example, a signator may be allowed \nto suspend some or all of its treaty obligations during \na war or other national emergency. Ifa treaty lacks an \nexpress derogation clause, then general principles gov\nerning suspension or termination oftreaties govern. \nderogation from grant. A provision in an instrument \noftransfer (such as a deed) that diminishes, avoids, or \notherwise limits the grant itself. \nderogatory clause. (16c) 1. A statutory or contractual \nprovision proclaiming that the document in which it \nappears, or a part ofthe document, cannot be repealed \nor amended. Such provisions are considered ineffec\ntive. \n'The one thing a sovereign legislature cannot do is truncate \nits own sovereignty by restricting its successors. A parlia\nment sovereign today must also be sovereign tomorrow. \nWhat is technically called a clausula derogatoria is there\nfore ineffective: non impedit clausula derogatoria quo \nminus ab eadem potestate res dissolvantur a qua constitu\nuntur (a derogatory clause does not prevent things from \nbeing dissolved by the same power which created them).\" \nF.A.R. Bennion, Statutory Interpretation  140, at 313 (3d \ned.1997). \n2. A clause that a testator inserts secretly in a will, con\ntaining a provision that any later will not having that \nprecise clause is invalid. A derogatory clause seeks to \nprotect against a later will extorted by undue influence, \nduress, or violence. -Also termed clausula derogativa; \nclausula derogatoria. \nDES. abbr. DELIVERED EX SHIP. \nde salva gardia (dee sal-v;l gahr-dee-;l), n. [Law Latin \n\"of safeguard\"] A writ issued to protect strangers from \nharm while pursuing their legal rights in England. \n\nde salvo conductu (dee sal-voh kdn-dak-t[y]oo). [Law \nLatin \"of safe conduct\"] A writ of safe conduct. \nde sa vie (dd sa vee). [Law French) Of one's own life, as \ndistinguished from pur autre vie (\"for another's life\"). \ndescend, vb. To pass (a decedent's property) by intestate \nsuccession. \ndescendant (di-sen-ddnt), rl. (17c) One who follows in \nthe bloodline of an ancestor, either lineally or collater\nally. Examples are children and grandchildren. Cf. \nASCENDANT. [Cases: Descent and Distribution \n25.] -descendant, adj. \ncollater,!l descendant. Loosely, a blood relative who is \nnot strictly a descendant, such as a niece or nephew. \n[Cases: Descent and Distribution \nlineal descendant. A blood relative in the direct line of \ndescent.  Children, grandchildren, and great-grand\nchildren are lineal descendants. [Cases: Descent and \nDistribution (;:=>25.] \ndescendibility offuture interests. (1936) The legal pos\nsibility that a future interest (such as a remainder or an \nexecutory interest) can legally pass by inheritance. \ndescendible, adj. (15e) (Of property) capable of passing \nby descent or being inherited. See HERITABLE. \ndescent, n. (15c) 1. The acquisition of real property by \nlaw, as by inheritance; the passing of intestate real \nproperty to heirs. See SUCCESSION (2). Cf. DISTRIBU\nTION (1); PURCHASE (2). [Cases: Descent and Distribu\ntion (;:=>1-19.)2. The fact or process of originating from \na common ancestor. Cf. ASCENT. descend, vb. \ncollateral descent. Descent in a collateral or oblique \nline, from brother to brother or cousin to cousin. \n With collateral descent, the donor and donee are \nrelated through a common ancestor. Cf. collateral \ndescendant under DESCENDANT. [Cases: Descent and \nDistribution \ndirect-line descent. See lineal descent. \nimmediate descent. 1. A descent directly to an heir, as \nfrom a grandmother to granddaughter, brought about \nby the earlier death of the mother. [Cases: Descent \nand Distribution 2. A direct descent without \nan intervening link in consanguinity, as from mother \nto daughter. \nlineal descent. Descent in a direct or straight line, as \nfrom father or grandfather to son or grandson. \nAlso termed direct-line descent. [Cases: Descent and \nDistribution (;:=>25.] \nmaternal-line descent. Descent between two persons, \ntraced through the mother of the younger. \nmediate descent. 1. A descent not occurring immedi\nately, as when a granddaughter receives land from her \ngrandmother, which first passed to the mother. 2. A \ndirect descent occurring through a link in consan\nguinity, as when a granddaughter receives land from \nher grandfather directly. \n\"The law categorizes descents as either lineal or collat \neral, and as mediate or immediate. The term mediate or \nimmediate descent may denote eIther the passing of the estate, or the relationship between the intestate and the \nheir. The classification of descents as mediate or immedi \nate describes the proximity of the descent, while the char \nacterization as lineal or collateral refers to the direction \nof the descent.\" 23 Am. Jur. 2d, Descent and Distribution \n 49, at 787-88 (1983). \npaternal-line descent. Descent between two persons, \ntraced through the father ofthe younger. \ndescent and distribution. 1. See intestate succession \nunder SUCCESSION (2). 2. Broadly, the rules by which a \ndecedent's property is passed, whether by intestate suc\ncession or by will. See DISTRIBUTION. [Cases: Descent \nand Distribution \ndescent cast. Hist. The devolution ofrealty that has been \nacquired by disseisin, abatement, or intrusion, upon an \nheir whose ancestor died intestate . This tolled the real \nowner's right of entry until the owner brought a legal \naction. Also termed descent that tolls entry. \ndescription. (14c) 1. A delineation or explanation of \nsomething by an account setting forth the subject's \ncharacteristics or qualities <description of a patent\nable process>. 2. A representation by words or drawing \nof something seen or heard or otherwise experienced \n<description of the criminal> <description of the \naccident>. 3. An enumeration or specific identifica\ntion of something <description ofitems in the estate>. \n4. LEGAL DESCRIPTION. 5. Patents. In a U.S. patent \napplication, the section that (1) comprehensively char\nacterizes the invention in language that is clear and \ncomplete enough to enable anyone of ordinary skill \nin the relevant art to make and use the invention; (2) \nexplains the best mode for using the invention; and (3) \nusu. includes an explanation of drawings that are part \nof the application . Ihe detailed description typically \nmakes up the largest portion of the application's speci\nfication. -Also termed (in sense 5) enabling disclosure; \nwritten description. [Cases: Patents (;:=>99.] \ndescriptio personae (di-skrip-shee-oh pdr-sob-nee). [Law \nLatin] Description of the person . This phrase, typi\ncally used to identify or describe a person in a contract \nor deed, is not essential to a document's validity. Cf. \nDESIGNATIO PERSONAE. \ndescriptive comparative law. See COMPARATIVE LAW. \ndescriptive mark. See descriptive trademark under \nTRADEMARK. \ndescriptive trademark. See TRADEMARK. \ndescriptive word. Trademarks. A term that portrays \na general characteristic or function of a product or \nservice. A descriptive word may not be registered as \na trademark unless it has acquired secondary meaning \nin the minds of consumers such that it is directly asso\nciated with one brand. [Cases: Trademarks (;:=> 1035.) \n\"A trader cannot appropriate to his exclusive use words or \nsymbols which (in the application he is to make of them) \nare public property. The right of all to use descriptive \nwords in their ordinary and usual meaning must not be \nrestricted. No sign or form of words may be appropriated \nas a trade-mark, for use in its primary meaning, which. \nfrom the nature of the fact conveyed by that primary \nmeaning, others may employ with equal truth, and with \n\n511 \nequal right, for the same purpose.\" Harry D. Nims, The Law \nofUnfair Competition and Trade-Marks 524 (1929). \nde scutagio habendo (dee skyoo-"}
{"text": "Competition and Trade-Marks 524 (1929). \nde scutagio habendo (dee skyoo-tay-jee-oh ha-ben\ndoh), n. [Law Latin \"for having scutage\"] Hist. I. A writ \nordering a tenant-in-chiefby knight's service to serve \nin a war, send a substitute, or pay a sum of money. 2. \nA writ authorizing a lord who had served in the war or \npaid the required fine, to recover the scutage from his \nknights' fees. See SCUTAGE. \n\"Such a baron, having proved that he fulfilled his contract \nor paid his fine, will have a royal writ de scutagio habendo, \nwhereby the sheriff will be ordered to cause him to have \nthe scutage due from his tenants. Still, before he can get \nhis scutage, he has to obtain something that the king is \napt to treat as a favour.\" 1 Frederick Pollock & Frederic W. \nMaitland, The Historv of English Law Before the Time of \nEdward 1270 (2d ed. 1898). \ndesecrate, vb. (17c) To divest (a thing) of its sacred char\nacter; to defile or profane (a sacred thing). \nde secta ad molendinum (dee sek-ta ad ma-Ien-di-nam), \nn. [Law Latin \"of suit at mill\"] Hist. A writ forcing a \nperson to continue grinding corn at a particular mill, \nas was customary, or to give a good reason why the \ncustom should not be continued. \n\"There are also other services, due by ancient custom and \nprescription only. Such is that of doing suit to another's \nmill: where the persons, resident in a particular place, by \nusage time out of mind have been accustomed to grind \ntheir corn at a certain mill; and afterwards any of them \ngo to another mill, and Withdraw their suit. . from the \nancient mill. This is not only a damage, but an injury, to the \nowner .... And for this injury the owner shall have a writ \nde secta ad molendinum commanding the defendant to do \nhis suit at that mill ... or show good cause to the contrary: \nin which action the validity of the prescription may be tried, \nand if it be found for the owner, he shall recover damages \nagainst the defendant.\" 3 William Blackstone, Commentar \nies on the Laws ofEngland 234~3S (1768). \nde secUs non faciendis (dee sek-tis non fay-shee-en\ndis), 11. [Law Latin \"of not doing services\"] Hist. A writ \nexempting a ward or dowress from performing certain \nservices. \ndesegregation, n. (1951) 1. The abrogation of policies that \nseparate people of different races into different insti\ntutions and facilities (such as public schools). [Cases: \nSchools 2. The state of having had such policies \nabrogated. Cf. INTEGRATION (4). -desegregate, vb. \nde seisin a habenda (dee see-zin-a ha-ben-da), n. [Law \nLatin \"of holding seisin\"] Hist. A writ ordering the \nsovereign to deliver seisin oflands and tenements to a \nlord, after holding them for the allowed year and a day \nbecause the lord's tenant committed a felony. \ndeserter. Int'llaw. A member of the armed forces who \nleaves national military service with the intention of \nreneging on military obligations either permanently \nor for the duration of a military operation; a member \nof the armed forces who illegally abandons a military \nforce, often by seeking refuge in a foreign territory or \nby joining enemy forces. [Cases: Armed Services (;..-:: \n38; Military Justice C=>661.] \ndesertion, n. (l6c) The willful and unjustified abandon\nment of a person's duties or obligations, esp. to military designating petition \nservice or to a spouse or family . In family law, the \nfive elements of spousal desertion are (1) a cessation \nofcohabitation, (2) the lapse of a statutory period, (3) \nan intention to abandon, (4) a lack ofconsent from the \nabandoned spouse, and (5) a lack of spousal misconduct \nthat might justify the abandonment. Also termed \ngross neglect ofduty. Cf. ABANDONMENT. [Cases: Armed \nServices C=> 38; Divorce Military Justice \n661.]-desert, vb. \nconstructive desertion. (1894) One spouse's misconduct \nthat forces the other spouse to leave the marital abode. \n The actions of the offending spouse must be serious \nenough that the spouse who is forced from the home \nfinds the continuation of the marriage to be unen\ndurable or dangerous to his or her safety and well\nbeing, and finds it necessary to seek safety outside the \nmarital domicile. Also termed constructive aban\ndonment. [Cases: Divorce 37(22).] \ncriminal desertion. (l8c) One spouse's willful failure \nwithout just cause to provide for the care, protection, \nor support of the other spouse who is in ill health or \nneedy circumstances. [Cases: Husband and Wife (;:::J \n302,304.] \nobstinate desertion. Desertion by a spouse who persis\ntently refuses to return to the marital home, so that \nthe other spouse has grounds for divorce . Before the \nadvent of no-fault divorce, this term was commonly \nused in divorce statutes. The term was often part of \nthe longer phrase willful, continued, and obstinate \ndesertion. lCases: Divorce C=37(15).] \nwillful, continued, and obstinate desertion. See obsti\nnate desertion. \ndeserts. See JUST DESERTS. \ndesign, n. (l6c) 1. A plan or scheme. 2. Purpose or inten\ntion combined with a plan. \nformed design. Criminal law. The deliberate and fixed \nintention to kill, though not necessarily a particular \nperson. See PREMEDITATION. [Cases: Homicide \n535.] \n3. The pattern or configuration of elements in some\nthing, such as a work of art. 4. Patents. The drawing \nor the depiction ofan original plan for a novel pattern, \nmodel, shape, or configuration that is chiefly decorative \nor ornamental.  Ifit meets other criteria, a design may \nalso be protect able as a trademark. -design, vb. \ndesign around, vb. Patents. To make something that \nperforms the same function or has the same physical \nproperties as (a patented product or process) but in a \nway different enough from the original that it does not \ninfringe the patent. Cf. DOCTRINE OF EQUIVALENTS. \n[Cases: Patents \ndesignate, n. See DESIGNEE. \ndesignated public forum. See PUBLIC FORUM. \ndesignating petition. A document used to designate a \ncandidate for a political-party nomination at a primary \nelection or for election to a party position. [Cases: Elec\ntions (;:::J126(1).] \n\ndesignatio personae (dez-dg-nay-shee-oh pdr-soh I despotism (des-pd-tiz-am). (ISc) 1. A government by a \nnee). [Law Latin] Designation of the person by class or \ncategory rather than by name, as \"the children of A.\" \n This phrase was used to specifically identify a person \nin a contract or deed, often as a word oflimitation (e.g., \n\"to my eldest son\"). Cf. DESCRIPTIO PERSONAE. \ndesign claim. See PATENT CLAIM. \ndesign defect. See DEFECT. \ndesign-defect exclusion. See EXCLUSION (3). \ndesignedly, adv. (17c) Willfully; intentionally. \ndesignee. A person who has been designated to perform \nsome duty or carry out some specific role. -Also \ntermed designate (dez-ig-ndt), n. \ndesigner defense. See DEFENSE (1). \ndesigner drug. See DRUG. \ndesign patent. See PATENT (3). \ndesign review. A process by which a building permit \nis withheld until the proposed building meets the \narchitectural standards established by land-use reg\nulations. Also termed architectural review. [Cases: \nZoning and Planning ~431-446.] \ndesign specification. See STATEMENT OF WORK. \ndesign-specification contract. See build-to-print contract \nunder CONTRACT. \ndesist. To stop or leave off. See CEASE-AND-DESIST \nORDER. \ndesk audit. See AUDIT. \nde solemnitate (dee sa-lem-ni-tay-tee). [Law Latin] Scots \nlaw. As a solemnity . lhe phrase appeared in reference \nto certain deed requirements essential to the deed's \nvalidity. Cf. EX SOLEMNITATE. \nde son tort(dd sawn [or son] tor[t]). [Law French \"by his \nown wrongdoing\"] Wrongful. \nexecutor de son tort. See EXECUTOR. \ntrustee de son tort. See TRUSTEE. \nde son tort demesne (dd sawn tor[t] di-mayn). [Law \nFrench] Of a person's own wrong. _ 'Ihis is the law \nFrench equivalent of the Latin phrase de injuria. See \nDE INJURIA. \ndesperate debt. See DEBT. \ndespitus (di-spH<ls or des-pi-tds). [Law Latin] 1. \nContempt. 2. A contemptible person. \ndespoil (di-spoil), vb. (l4c) To deprive (a person) ofpos\nsessions illegally by violence or by clandestine means; \nto rob. despoliation (di-spoh-lee-ay-shdn), despoil\nment, n. \ndesponsation (dee-spon-say-shdn). Archaic. The act of \nbetrothal; the act of contracting for marriage. \ndespot (deS-Pdt), n. 06c) 1. A ruler with absolute power \nand authority. 2. A tyrant. despotic (di-spot-ik), \nadj. ruler with absolute, unchecked power. 2. Total power \nor controlling influence. \nde statu defunctorum (dee stay-t[y]oo dee-fdngk\ntor-am). [Law Latin) Scots law. Concerning the status \nofthe decedent.  Ihe phrase was often used to refer to \nquestions about the decedent's legitimacy. \nde statuto mercatorio (dee std-tyoo-toh mdr-b-tor\nee-oh), n. [Law Latin \"of statute merchant\"] Rist. A writ \nordering the imprisonment ofsomeone who forfeits a \nstatute-merchant bond until the debt has been paid. See \nSTATUTE MERCHANT. \nde statuto stapulae (dee std-tyoo-toh stay-pya-Iee), n. \n[Law Latin \"of statute staple\"] Rist. A writ to seize the \nproperty ofand imprison aperson who forfeits a staple\nstatute bond. See STATUTE STAPLE. \ndestination. 1. The predetermined end of a course, as \nofa voyage or package. 2. The act ofappointment, esp. \nin a will; a designation. 3. Scots law. The nomination \nof heirs esp. in a certain order -by law or under \na will. \n'The series of heirs called to the succession of heritable or \nmoveable property, either by the provision of the law or by \nthe will of the proprietor, is, generally speaking, termed \na destination; but the term is usually applied, in a more \nlimited sense, to a nomination of successors in a certain \norder, regulated by the will of the proprietor.\" William Bell, \nBell's Dictionarv and Digest of the Law ofScotland 320 \n(George Watson ed., 7th ed. 1890). \n4. Scots law. The line ofsuccessors so appointed. \ndestination bill oflading. See BILL OF LADING. \ndestination contract. See CO~TRACT. \ndestination du pere de famille (des-tee-nah-syawn doo \npair dd fa-mee). [French\" destination of the father of \nthe family\"] 1. Civil law. The legal standing of the owner \nof two estates that would be subject to a servitude if \nthey were not owned by the same person . When the \ntwo estates cease to be owned by the same owner, a \nservitude comes into existence if (1) the servitude is \napparent from external signs, such as a roadway or a \npipeline, or (2) the common owner recorded a declara\ntion establishing the destination. La. eiv. Code art. 741. \n2. Rist. A property use that the owner has intention\nally established on one part of the property in favor of \nanother part. \ndestinatione (des-ti-nay-shee-oh-nee). [Law Latin) Rist. \nBy destination or appointment ofan heir.  The phrase \nappeared in reference to the process, made possible \nthrough a destination clause, by which an heir was \nappointed to a succession in a certain order. See DES\nTINATION. \ndestitute (des-ti-t[y]oot), adj. (l4c) 1. Deprived; bereft. \n2. Not possessing the necessaries oflife; lacking pos\nsessions and resources; indigent. \ndestitutive fact. See divestitive fact under FACT. \ndestructibility, n. (lSc) The capability of being destroyed \nby some action, turn of events, or operation oflaw. \ndestructible, adj. \n\n513 de temps dont memorie ne court \ndestructibility of contingent remainders. (1918) \nProperty. 'The common-law doctrine requiring a future \ninterest to vest by the time it is to become possessory \nor else be totally destroyed, the interest then reverting \nto the grantor. -The doctrine could be avoided by the \nuse of trustees to preserve contingent remainders. This \ndoctrine has been abolished in all but a few American . \njurisdictions; the abolishing statutes are commonly \ntermed anti-destructibility statutes. Also termed \ndestructibility rule. [Cases: Remainders \n'The destructibility rule still exists in its old common-law \nform in Florida. Various authors have suggested that it also \nexists unchanged in Arkansas, North Carolina, Oregon, \nPennsylliania, South Carolina, and Tennessee; but there \nare no statutes or recent decisions to clarify the rule's \nstatus in these states.\" Thomas F. Bergin & Paul G. Haskell, \nPreface to Estates in Land and Future Interests 79 nA6 (2d \ned.1984). \ndestructible trust. See TRUST. \ndestruction. 1. 'llie act of destroying or demolishing; \nthe ruining of something. 2. Harm that substantially \n"}
{"text": ". 1. 'llie act of destroying or demolishing; \nthe ruining of something. 2. Harm that substantially \ndetracts from the value of property, esp. personal \nproperty. 3.1he state of having been destroyed. \ndesuetude (des-W<H[yJood). (I5c) 1. Lack of use; obso\nlescence through disuse. 2. The doctrine holding that \nif a statute or treaty is left unenforced long enough, the \ncourts will no longer regard it as having any legal effect \neven though it has not been repealed. [Cases: Statutes \n\"[Tlhe doctrine of desuetude has had in all legal systems a \nvery limited and cautious application. For the anachronistic \nstatute a better remedy may be found through reinterpreta\ntion in the light of new conditions; as Gray remarks with \nsome irony. 'It is not as speedy or as simple a process to \ninterpret a statute out of existence as to repeal it, but with \ntime and patient skill it can often be done.'\" Lon L Fuller, \nAnatomy ofthe Law 38 (1968) (quoting John Chipman Gray, \nThe Nature and Sources of Law 192 (1921 i). \n\"There is no doctrine of desuetude in English law, so a \nstatute never ceases to be in force merely because it is \nobsolete. Normally there must be an express repeal, \nbut the whole or part of an enactment may be impliedly \nrepealed by a later statute.\" Rupert Cross, Statutory Inter\npretation 3 (1976). \nde superoneratione pasturae (dee soo-pa-roh-na-ray\nshee-oh-nee pas-tra-ree), n. [Law Latin \"of surcharge \nofpasture\"] Rist. A judicial writ against a person who \nwas initially brought into county court for putting too \nmany cattle on pasture, and later was impleaded in \nthe same court on the same charge, and the cause was \nremoved to the superior court at Westminster. \nde tabulis exhibendis (dee tab-ya-lis ek-si-ben-dis). \n[Latin] Roman law. Of producing the tablets of a will. \n-This was a subject covered under Roman exhibitory \ninterdicts governing the production of documents. \nA will of a deceased person had to be produced and \nopened to determine whether the applicant had rights \nunder it. \ndetachiare (di-tak-ee-air-ee or di-tash-ee-air-ee), vb. \n[Law Latin] Hist. To seize a person or property by a \nwrit of attachment or other legal remedy. detainee. A person held in custody, confined, or delayed \nby an authority, such as law enforcement or a govern\nment. \nghost detainee. See secret detainee. \nsecret detainee. A person who is held, usu. without \nbeing formally charged with a crime or facing any \nother legal proceedings, in an undisclosed place, and \nwhose detention is unknown to anyone other than the \ndetaining authority. Also termed ghost detainee. \nSee secret detention under DETENTION. \ndetainer. (l7c) 1. The action of detaining, withholding, \nor keeping something in one's custody. \nforcible detainer, See FORCIBLE DETAINER. \nunlawful detainer. (18c) The unjustifiable retention of \nthe possession of real property by one whose original \nentry was lawful, as when a tenant holds over after \nlease termination despite the landlord's demand for \npossession. [Cases: Forcible Entry and Detainer \n5.] \n2. The confinement of a person in custody. 3. A writ \nauthorizing a prison official to continue holding a \nprisoner in custody. [Cases: Extradition and Detain\ners 4, A person who detains someone or some\nthing. \nde tallagio non concedendo (dee ta-lay-jee-oh non kon\nsa-den-doh), n. [Law Latin \"of not granting tallage\"] \nHist. The title of a statute declaring that no taxes will \nbe imposed by the king or his heirs without the consent \nofthe archbishops, bishops, earls, barons, knights, and \nother freemen of the realm. -The statute has been used \nto support the constitutional doctrine disallowing \ntaxation except by Parliament. 34 Edw. I st. 4. \ndetection. The act ofdiscovering or revealing something \nthat was hidden, esp. to solve a crime. \n\"There is a clear distinction between inducing a person to \ndo an unlawful act and setting a trap to catch him in the \nexecution of a criminal plan of his own conception. There \nis also a distinction between the terms 'detection' and \n'entrapment,' as applied to the activities of law enforce\nment officers. Legitimate detection of crime occurs when \nofficers test a suspected person by offering him an oppor \ntunity to transgress the law in such manner as is usual in \nthe activity alleged to be unlawful. On the other hand, \nentrapment occurs when officers induce a person to violate \nthe law when he would not otherwise do so.\" 21 Am. Jur. \n2d Criminal Law  202 (1981). \nde tempore cujus contrarium memoria hominum non \nexistit (dee tem-p.:l-ree k[y]oo-jas kan-trair-ee-.:lm \nm.:l-mor-ee-.:l hom-i)-mm non eg-zis-tit). [Latin1 From \ntime whereof the memory of man does not exist to the \ncontrary. See LEGAL MEMORY. \nde tempore in tempus et ad omnia tempora (dee tem\npa-ree in tem-pas et ad om-nee-a tem-pa-fa). [Latin] \nFrom time to time, and at all times. \nde temps dont memorie ne court (da tahn dawn mem-a\nree na koor). [Law French] From time whereof memory \ndoes not run; time out ofhuman memory. _ This Law \nFrench phrasing was a forerunner ofBlackstone's classic \nformulation: \"time whereof the memory of man does \n\nnot run to the contrary.\" 1 William Blackstone, Com-! delivery date is determinable because she kept the \nmentaries on the Laws ofEngland 460-61 (1765). See \nLEGAL MEMORY. \ndetente (day-tahnt). [French) 1. The relaxation of \ntensions between two or more parties, esp. nations. 2. \nA policy promoting such a relaxation of tensions. 3. \nA period during which such tensions are relaxed. Cf. \nE:-.ITENTE; ALLIANCE. \ndetentio (di-ten-shee-oh), n. [Latin] 1. Roman law. See \npossessio naturalis under POSSESSIO. 2. Hist. Detention; \ndetainment, as opposed to captio (\"taking\"). See pos\nsessio naturalis under POSSESSIO. \ndetention, n. (15c) 1. The act or fact of holding a person \nin custody; confinement or compulsory delay. \ndetain, vb. \ninvestigative detention. (1968) The holding of a suspect \nwithout formal arrest during the investigation ofthe \nsuspect's participation in a crime . Detention ofthis \nkind is constitutional only if probable cause exists. \n[Cases: Arrest <;.::;>63.5.] \npretrial detention. (1962) 1. The holding of a defen\ndant before trial on criminal charges either because \nthe established bail could not be posted or because \nrelease was denied. [Cases: Bail (;::::J42.] 2. In a juve\nnile-delinquency case, the court's authority to hold \nin custody, from the initial hearing until the proba\nble-cause hearing, any juvenile charged with an act \nthat, if committed by an adult, would be a crime . \nIfthe court finds that releasing the juvenile would \ncreate a serious risk that before the return date the \njuvenile might commit a criminal act, it may order the \njuvenile detained pending a probable-cause hearing. \nJuveniles do not have a constitutional right to bail. \nThe Supreme Court upheld the constitutionality of \nsuch statutes in Schall v. Martin, 467 U.S. 253, 104 \nS.Ct. 2403 (1984). Also termed temporary deten\ntion. [Cases: Infants 192.1 \npreventive detention. (1952) Confinement imposed \nusu. on a criminal defendant who has threatened to \nescape, poses a risk of harm, or has otherwise violated \nthe law while awaiting trial, or on a mentally ill person \nwho may cause harm. \nsecret detention. The holding of a suspect in an undis\nclosed place, without formal charges, a legal hearing, \nor access to legal counsel, and without the knowl\nedge of anyone other than the detaining authority. \nSee secret detainee under DETAINEE. \n2. Custody of property; esp., an employee's custody of \nthe employer's property without being considered as \nhaving legal possession of it. \ndetention hearing. See HEARING. \ndetention in a reformatory. A juvenile offender's \nsentence of being sent to a reformatory school for some \nperiod. [Cases: Infants \ndeterminable, adj. (15c) 1. Liable to end upon the hap\npening of a contingency; terminable <fee simple deter\nminable>. 2. Able to be determined or ascertained <the written invoice>. \ndeterminable easement. See EASEMENT. \ndeterminable estate. See ESTATE (1). \ndeterminable fee. 1. See fee simple determinable under \nFEE SIMPLE. 2. See base fee under FEE (2). \ndeterminable freehold. See determinable estate under \nESTATE (1). \ndeterminate hospitalization. A fixed period of hospi\ntalization, usu. by civil commitment. \ndeterminate obligation. See OBLIGATION. \ndeterminate sentence. See SENTENCE. \ndeterminate sentencing. See mandatory sentencing \nunder SENTENCING. \ndetermination, n. (14c) 1. A final decision by a court or \nadministrative agency <the court's determination of \nthe issue>. [Cases: Administrative Law and Procedure \n(;::::J489; Federal Civil Procedure c,.?928.] \ninitial determination. The first determination made by \nthe Social Security Administration ofa person's eligi\nbility for benefits. [Cases: Social Security and Public \nWelfare (;::::J8.5, 142.15, 175.25.] \n2. The ending or expiration of an estate or interest in \nproperty, or of a right, power, or authority <the ease\nment's determination after four years>. determine, \nvb. \ndetermination letter. (1929) A letter issued by the \nInternal Revenue Service in response to a taxpayer's \nrequest, giving an opinion about the tax significance of \na transaction, such as whether a nonprofit corporation \nis entitled to tax-exempt status. Also termed ruling \nletter. [Cases: Internal Revenue (;::::J3049.] \ndeterminative judgment. See final judgment under \nJUDGMENT. \ndeterminism. (sometimes cap.) A philosophy that human \nbehavior is governed primarily by preexisting condi\ntions, such as family or environmental factors, and is \nnot influenced by will. -deterministic, adj. \nde termino moto (dee tar-m~-noh moh-toh). [Law Latin] \nHist. The common-law offense of moving or defaCing \nlandmarks. This was considered a serious crime \nbecause ofthe importance that agrarian laws attached \nto landmarks. \ndeterrence, n. (1861) The act or process ofdiscouraging \ncertain behavior, particularly by fear; esp., as a goal of \ncriminal law, the prevention of criminal behavior by \nfear of punishment. Cf. REHABILITATION (1); RETRI\nBUTION (1). [Cases: Sentencing and Punishment \n41.] deter, vb. deterrent, adj. \ngeneral deterrence. (1949) A goal of criminal law gen\nerally, or of a specific conviction and sentence, to dis\ncourage people from committing crimes. \nspecial deterrence. (1955) A goal of a specific convic\ntion and sentence to dissuade the offender from com\nmitting crimes in the future. \n\ndeterrent, n. (1824) Something that impedes; something \nthat prevents <a deterrent to crime>. \ndeterrent danger. See DANGER. \ndeterrent punishment. See PUNISHMENT. \nde theolonio (dee thee-a-loh-nee-oh), n. [Law Latin \"of \ntoW] Hist. A writ of trespass available to a person pre\nvented from taking toll. See TOLL. \nde ligno juncto (dee tig-noh jagnk-toh). See actio de tigna \njuncto under ACTIO. \ndetinet (det-i-net). [Latin \"he detains\"] A holding back; \ndetention. An action in debt may be in detinet when \nthe plaintiff alleges that the defendant wrongfully kept \ngoods, as distinguished from wrongfully taking them. \nAn action in debt may also be in detinet when it is \nbrought by or against someone other than an original \nparty to the debt, such as an executor. An action of \nreplevin is in detinet when the defendant retains pos\nsession of the property until after the judgment. Cf. \nDEBET ET DETINET. \ndetinue (det-i-nyoo or -noo). (15c) A common-law \naction to recover personal property wrongfully taken \nor withheld by another. Cf. REPLEVIN; TROVER. [Cases: \nDetinue 1.] \n\"A claim in detinue lies at the suit of a person who has an \nimmediate right to the possession of the goods against \na person who is in actual possession of them, and who, \nupon proper demand, fails or refuses to deliver them up \nwithout lawful excuse. Detinue at the present day has two \nmain uses. In the first place, the plaintiff may desire the \nspecific restitution of his chattels and not damages for \ntheir conversion. He will then sue in detinue, not in trover. \nIn the second place, the plaintiff will have to sue in detinue \nif the defendant sets up no claim of ownership and has \nnot been guilty of trespass; for the original acquisition in \ndetinue sur bailment was lawful.\" R.F.V. Heuston, Salmond \non the Law ofTorts 111 (17th ed. 1977). \ndetinue ofgoods in frankmarriage. Hist. A writ \nallowing a divorced wife to obtain the goods given to \nher during the marriage. \ndetinue sur b"}
{"text": ". Hist. A writ \nallowing a divorced wife to obtain the goods given to \nher during the marriage. \ndetinue sur bailment (det-i-nyoo s<lr bayl-mant) [Law \nFrench) Hist. An action to recover property that \nthe defendant acquired by bailment but refuses to \nreturn. \ndetinuit (di-tin-yoo-it). [Latin \"he has detained\"] (Of \nproperty) the former condition of being withheld . \nAn action is said to be in the detinuit when the plain\ntiff finally recovers possession ofthe property claimed \nunder a writ of replevin. \ndetour, n. Torts. An employee's minor deviation from \nthe employer's business for personal reasons . Because \na detour falls within the scope of employment, the \nemployer is still vicariously liable for the employee's \nactions. Cf. FROLIC. [Cases: Labor and Employment G-=\n3061(1); Workers' Compensation C=666.] \ndetournement (di-tuurn-m;mt), n. An employee's mis\nappropriation of the employer's funds. \ndetraction, n. (14c) The removal of personal property \nfrom one state to another after transfer of title by a will \nor inheritance. de transgressione (dee trans-gresh-ee-oh-nee), n. [Law \nLatin \"of trespass\"] The general name ofvarious writs \nof trespass. See TRESPASS. \nde transgressione, ad audiendum et terminandum (dee \ntrans-gresh-ee-oh-nee, ad aw-dee-en-dam et tar-mi\nnan-dam), n. [Law Latin \"of trespass, for determin\ning and hearing a misdemeanor\"] His/. A commission \nfor hearing and determining an outrage or misde\nmeanor. \ndetriment. (15c) 1. Any loss or harm suffered by a person \nor property. 2. Contracts. The relinqUishment of some \nlegal right that a promisee would have otherwise been \nentitled to exercise. Also termed legal detriment. Cf. \nBENEFIT (2). \n\"A promise or an act may be a detriment although on \nbalance the promisor is making a good bargain. Thus a \npromise to pay 10,000 for a Rolls Royce worth 12,000, \nis none the less a detriment, and a good consideration for \na promise to deliver the car.\" P.S. Atiyah, An Introduction \nto the Law ofContract 101 (3d ed. 1981). \ndetriment to a promisee. Contracts. Consideration \noffered by a promisee to a promisor, esp. in a unilat\neral contract. [Cases: Contracts ~52.] \ndetrimental reliance. See RELIANCE. \ndetunicari (di-tyoo-ni-kair-I), vb. [Latin \"to be revealed\"] \nTo discover; to lay open. \nde una parte (dee yoo-na pahr-tee), n. [Latin] Of one \nparty. A deed is de una parte when only one party \ngrants something to another, as distingUished from a \ndeed inter partes. See INTER PARTES. \ndeuterogamy (d[y]oo-t<lr-og-a-mee), n. [fro Greek deu\nteragamia \"second marriage\"] A second marriage after \nthe death of or divorce from the first spouse, or after an \nannulment of a first marriage. -Also termed digama; \ndigamy. \nde uxore rapta et abducta (dee ak-sor-ee rap-ta et \nab-d~k-td), n. [Law Latin \"of seizing and carrying away \na man's wife\"] Hist. A writ oftrespass for a man whose \nwife had been raped and carried away. \ndevadiatus (di-vad-ee-ay-tas), n. [Law Latin] Hist. A \ndefendant without a surety. -Also termed divadia\ntus. \ndevaluation, n. The reduction in the value of one \ncurrency in relation to another currency. Cf. REVALU\nATION. devalue, vb. \ndevastation. (17c) 1. An executor's squandering or mis\nmanagement of the deceased's estate. 2. An act of \ndestruction. 3. WASTE (1). \ndevastaverunt (di-vas-ta-veer-ant). [Latin pI. of dev\nastavit \"he (or she) has wasted\"] They have wasted . \nThis word usu. referred to both an executor's waste ofa \ndecedent's property and the action against the executor \nfor that waste. \ndevastavit (dev-a-stay-vit), n. [Latin \"he (or she) has \nwasted\"] A fiduciary's failure to administer an estate \nor trust promptly and properly, esp. by spending \nextravagantly or misapplying assets . A fiduciary who \n\nde vasto 516 \ncommits waste in this way becomes personally liable \nto those having claims on the assets, such as creditors \nand beneficiaries. \nde vasto (dee vas-toh), n. [Law Latin \"of waste\"J A writ \nallowing a reversioner or remainderman to compel a \ntenant for life or for years to appear and answer for the \nwaste and resulting damage to the plaintiff's inheri\ntance. See WASTE (1). \ndeveloped water. See WATER. \ndeveloping country. Int'l law. A country that is not as \neconomically or politically advanced as the main indus\ntrial powers. -Developing countries are located mostly \nin Africa, Asia, Eastern Europe, the Middle East, and \nLatin and South America. -Also termed developing \nstate; underdeveloped country; less-developed country; \nThird World country. \n'\"Pertinent terminology has undergone extensive changes \nin the past 40 years. At the very start, before the category \nfound its way into official texts, econom ic and political \nwritings referred mainly to 'poor' or 'backward' countries. \nIn the late 19405, the term 'underdeveloped countries' \ncame into common usage in economic literature and in \nthe jargon of international organizations. It was replaced in \nthe 19505 by the term 'less developed countries: for which \nthe current 'developing countries' was eventually substi\ntuted. These terms are essentially interchangeable as they \nrefer to the same group and kind of countries. However, \nvariations in the use of the term reflect significant changes \nin the perception of the central issue, namely, economic \ndevelopment, as well as responses to justified sensitivities \non the part of the countries principally concerned.\" A.A. \nFatouros, \"Developing States,\" in 1 Encyclopedia of Public \nInternational Law 1017 (1992). \ndevelopment. (1885) 1. A substantial human-created \nchange to improved or unimproved real estate, includ\ning the construction ofbuildings or other structures. \n2. An activity, action, or alteration that changes unde\nveloped property into developed property. \ndevelopmental disability. See DISABILITY (2). \ndevelopmental neglect. See NEGLECT. \ndevelopment-stage company. See COMPANY. \nde ventre inspiciendo (dee ven-tree in-spish-ee-en-doh), \nn. [Law Latin \"of (or for) inspecting the belly\"] Hist. \n1. A writ allowing a presumptive heir to summon a \njury ofmatrons to verify the pregnancy ofa widow sus\npected offeigning the pregnancy to produce a supposed \nheir. -Also termed ad ventrem inspiciendum. See \nvenire facias tot matronas under VENIRE FACIAS. \n\"And this gives occasion to a proceeding at common law, \nwhere a widow is suspected to feign herself with child, \nin order to produce a supposititious heir to the estate: \nan attempt which the rigor of the GothiC constitutions \nesteemed equivalent to the most atrocious theft, and \ntherefore punished with death. In this case with us the \nheir presumptive may have a writ de ventre inspiciendo \nto examine whether she be with child, or not ... and, if \nthe widow be upon due examination found not pregnant, \nany issue she may afterwards produce, though within nine \nmonths, will be bastard.\" 1 William Blackstone, Commentar\nies on the Laws ofEngland 444 (1765). \n2. A writ providing a temporary stay ofexecution if a \njury of matrons determines that a woman scheduled \nfor execution and claiming pregnancy is \"quick with child.\" -The execution would be postponed until after \nthe birth, but ifthe woman became pregnant a second \ntime before execution, she had no remedy. Some\ntimes shortened to ventre inspiciendo. -Also spelled \nde ventre in spiciendo. \nde verbo in verbum (dee v<lr-boh in v<lr-b<Jm). [Law \nLatin] Word for word. \ndevest (di-vest), vb. 1. Hist. To deprive (a person) ofpos\nsession, title, or property. 2. To take; to draw away. \nAlso spelled divest. \ndeviance, n. (1941) The quality or state ofdeparting from \nestablished norms, esp. in social customs. -deviate \n(dee-vee-ayt), vb. -deviant, adj. & n. deviate (dee\nvee-<Jt), n. \ndeviation. 1. Generally, a change from a customary \nor agreed-on course of action. 2. Employment law. A \ndeparture from one's course ofemployment to tend to \na personal matter. - A deviation from the course of \nemployment may be an issue in disputes about workers' \ncompensation or about the employer's tort liability \nto third parties based on the employee's actions. See \nCOURSE OF EMPLOYMENT. Cf. FROLIC. [Cases: Labor \nand Employment ~-:>3047; Workers' Compensation \n<:;:=666.] 3. Insurance. A departure by an insured party \nfrom a routine course ofaction, resulting in increased \nrisk of some loss that the insured is indemnified \nagainst. [Cases: Insurance 0-:>3059.]4. Maritime law. \nA departure from the terms expressed in a bill oflading \nor other transportation contract. \n\"For both geographic deviations and quasi-deviations, the \ncontractual voyage is the benchmark against which the car\nrier's performance is to be measured. Ifthe parties agreed \nto an indirect route, the carrier commits no deviation in \nfollowing it; if the parties agreed to deck carriage, the \ncarrier may stow the cargo on deck. All deviations 'have \none common, indispensable element a violation of the \nterms of the bill of lading.'\" Michael F. Sturley, \"Deviation \nDefined,\" in 2A Benedict on Admiralty 122 (7th rev. ed. \n2002) (quoting Rockwell Int'I Corp. v. M/V Incorrans Spirit, \n707 F. Supp. 272, 273 (S.D. Tex. 1989), aff'd, 998 F.2d 316 \n(5th Or. 1993)). [Cases: Shipping ,8=;::>125.] \nquasi-deviation. A deviation from an agreed-on \nshipping term other than a deviation in course or \ndestination (e.g., an unreasonable delay or the unau\nthorized carriage ofcargo on deck). [Cases: Shipping \nreasonable deviation. A deviation that is justified by \ncircumstances. -Ifa deviation is reasonable, the \ncarrier does not lose its usual limitations and exemp\ntions under the Carriage ofGoods by Sea Act. [Cases: \nShipping (';:::> 125, 138.] \nunreasonable deviation. A deviation that is not justi\nfied by circumstances. -An unreasonable deviation \ncauses the carrier to lose the benefit ofits usual lim i\ntations and exemptions under the Carriage ofGoods \nby Sea Act. [Cases: Shipping 125, 138.J \ndeviation doctrine. (1948) 1. A principle allowing varia\ntion from a term ofa will or trust to avoid defeating the \ndocument's purpose. 2. A principle allowing an agent's \nactivity to vary slightly from the scope ofthe principal's \n\npermission. 3. Maritime law. The rule that a carrier \nloses the benefit ofits limitations and exemptions under \nthe Carriage ofGoods by Sea Act ifa deviation from the \nterms ofthe bill oflading is unreasonable, but does not \nif it is reasonable. [Cases: Shipping 138.] \ndeviation-well survey. An examination to determine \nwhether a well is bottomed under another person's \nland. \ndevice. (14c) 1. Patents. A mechanical invention, as dif\nferentiated in patent law from a chemical discovery. \nA device may be an apparatus or an article ofmanufac\nture. -Also termed machine. [Cases: Patents 2. \nA scheme to trick or deceive; a stratagem or artifice, as \nin the law relating to fraud. [Cases: Fraud C=> 3.] \nde vicineto (dee vi-sin-d-toh or -sI-nd-toh). [Law Latin] \nFrom a vicinage; from a neighborhood. -This term \nwas generally used in reference to a jury pool. See DE \nCORPORE COMITATUS. \nde vi laka amovenda (dee VI laY-d-kd ay-moh-ven-dd), \nn. [Law Latin \"of removing a lay force\"] Hist. A writ \nallowing a parson claiming rights to a church to order \na sheriff to remove a group oflaymen who, with another \nparson, had taken control ofthe church and prevented \nthe new parson from entering. \ndeviling (dev-d-ling). 1. The act ofa barrister's handing \na brief over to another to handle a case. 2. The practice \nof a junior barrister (known as a \"devil\") who drafts \npleadings or other documents for a senior barrister who \napproves them, signs them, and is ultimately respon\nsible for the work. -Also spelled devilling. \ndevil on the neck. Hist. A torture device made of irons \nthat fastened to a person's neck and legs and then \nwrenched together to either gradually or quickly break \nthe person's back. -It was often used to coerce confes\nsions. \ndevisable, adj. (16c) 1. Capable ofbeing bequeathed by a \n. will. 2. Capable of being invented. 3. Feigned. \ndevisavit vel non (dev-<}-say-vit [or -zay-vitl vel non), \nn. [Law Latin \"he (or she) devises or not\"] Hist. An \nissue directed from a chancery court to a court oflaw to"}
{"text": "Latin \"he (or she) devises or not\"] Hist. An \nissue directed from a chancery court to a court oflaw to \ndetermine the validity ofa will that has been contested, \nas by an allegation offraud or testamentary incapacity. \nSee VEL NON. \ndevise (di-VIZ), n. (lSc) 1. 'Ihe act ofgiving property by \nwill. -Although this term traditionally referred to \ngifts of real property -and in British usage the term \nis still confined to real property in American usage \nthe term has been considerably broadened. In both \nthe Restatement of Property and the Uniform Probate \nCode, a disposition of any property by will is a devise. \nIn the United States today, it is pedantry to insist that \nthe noun devise be restricted to real property. [Cases: \nWills 1.] 2. The provision in a will containing \nsuch a gift. 3. Property disposed of in a will. 4. A will \ndisposing ofproperty. Cf. TESTAMENT (1); BEQUEST; \nLEGACY. devise, vb. alternative devise. A devise that, under the terms ofthe \nwill, is designed to displace another devise if one or \nmore specified events occur. -Also termed second\nary devise. [Cases: Wills C=>553, 856.] \nconditional devise. (18c) A devise that depends on the \noccurrence of some uncertain event. [Cases: Wills \nC=>639-668.J \ndemonstrative devise. A devise, usu. of a specific \namount of money or quantity of property, that is \nprimarily payable from a designated source, but that \nmay be payable from the estate's general assets if the \ndesignated property is insufficient. See Restatement \n(Third) of Property: Wills and Other Donative Trans\nfers  5.1 (1999). Cf. pecuniary devise. [Cases: Wills \nC='751, \nexecutory devise. (17c) An interest in land, created by \nwill, that takes effect in the future and depends on a \nfuture contingency; a limitation, by will, of a future \nestate or interest in land when the limitation cannot, \nconsistently with legal rules, take effect as a remain\nder.  An executory devise, which is a type ofcondi\ntionallimitation, differs from a remainder in three \nways: (1) it needs no particular estate to support it, \n(2) with it a fee simple or lesser estate can be limited \nafter a fee simple, and (3) with it a remainder can be \nlimited in a chattel interest after a particular estate for \nlife is created in that interest. See conditionallimita\ntion under LIMITATION. [Cases: Wills C=>7.J \n\"The reason of the institution of the executory devise was \nto support the will of the testator; for when it was evident \nthat he intended a contingent remainder, and when it could \nnot operate as such by the rules of law, the limitation was \nthen, out of indulgence to wills, held to be good as an \nexecutory devise. They are not mere possibilities, but \ncertain and substantial interests and estates, and are put \nunder such restraints only as have been deemed requisite \nto prevent the mischiefs of perpetuities, or the existence \nof estates that were unalienable.\" 4 James Kent, Commen\ntaries on American Law *264 (George Comstock ed., 11th \ned. 1866). \nfailed devise. See lapsed devise. \ngeneral devise. (18c) 1. A devise, usu. of a specific \namount of money or quantity of property, that is \npayable from the estate's general assets. See Restate\nment (Third) of Property: Wills and Other Donative \nTransfers  5.1 (1999). 2. A devise that passes the \ntestator's lands without specifically enumerating or \ndescribing them. [Cases: Wills C---=>583.] \nlapsed devise. (18c) A devise that fails because the \ntestator outlives the named recipient. - Also termed \nfailed devise;failed gift. \npecuniary devise. A demonstrative devise consisting \nofmoney. Cf. demonstrative devise. [Cases: Wills C---=> \n750.] \nprimary devise. A devise to the first person named as \ntaker. For example, a devise ofB1ackacre to A, but \nif A does not survive me then to B\" names A as the \nrecipient ofthe primary devise and Bas the recipient \nof the secondary or alternative devise. \n\nresiduary devise. (l8c) A devise of the remainder ofthe \ntestator's property left after other spedfic devises are \ntaken. [Cases: Wills C='586.1 \nsecondary devise. See alternative devise. \nspecific devise. (l8c) A devise that passes a particular \npiece ofproperty. [Cases: Wills Y751.] \nyounger-generation devise. An alternative devise to a \ndescendant ofthe redpient ofa primary devise. Unit. \nProbate Code  2-603. A devise of \"Blackacre to \nA, but if A does not survive me then to 1\\5 child B\" \ncreates a younger-generation devise in 1\\s descendant, \nB. See alternative devise. \ndevise, vii. To give (property) by will. [Cases: Wills \nI.] \n\"The modern convention which sets apart 'devise' for \n'realty' and 'bequeath' for 'personalty' is modern; in the \nmiddle ages, the English word ... is the equivalent of \nthe French word.\" 2 Frederick Pollock & Frederic William \nMaitland, Historv ofEnglish Law Before the Time ofEdward \n1338 (2d ed. 1899). \ndevisee (dev-;:l-zee or di-vI-zee). (16c) A recipient of \nproperty by will. Cf. LEGATEE. \nfirst devisee. The first devisee deSignated to receive an \nestate under a will. \nnext devisee. The devisee who receives the remainder \nof an estate in tail, as distinguished from the first \ndevisee. See FEE TAIL. [Cases: WillsY604.] \nresiduary devisee. The person named in a will to \nreceive the testator's remaining property after the \nother devises are distributed. \ndeviser. (16c) One who invents or contrives <the deviser \nof these patents>. \ndevisor. (16c) One who disposes of property (usu. real \nproperty) in a will. [Cases: Wills (:;= 1.] \ndevoir (d;:l-vwahr or dev-wahr). Hist. A duty; a tax. \nAlso spelled devoire. \n\"Devoire is as much as to say a duty. It is used in the statute \nof 2 R. 2, cap. 3, where it is provided, that all the western \nmerchants, being of the king's amity, shall pay all manner \nof customs and subsidies, and other devoire of Calais.\" \nTermes de la Lev 168 (1st Am. ed. 1812). \ndevolution (dev-;:l-Ioo-sh;:ln), n. (16c) The act or an \ninstance oftransferring one's rights, duties, or powers \nto another; the passing ofsuch rights, duties, or powers \nby transfer or succession <the federal government's \ndevolution of police power to the states>. -devolu\ntionary, adj. -devolutionist, n. \ndevolutive appeal. See APPEAL. \ndevolve (di-vahlv), vb. (I6c) 1. To transfer (rights, duties, \nor powers) to another. 2. To pass (rights, duties, or \npowers) by transmission or succession. See DEVOLU \nTION. \ndevy (d;:l-VI), vb. [Law French] To die. \nde warrantia chartae (dee wa-ran-shee-;:l kahr-tee), \nn. [Law Latin \"of a warranty of charter\"] Hist. A writ \nallowing a tenant enfeoffed with a warranty, who was \nimpleaded in an assize or other action in which the tenant could not call upon the warranty, to compel the \nfeoffor to assist the tenant with a plea or defense, or else \nto pay damages and the value ofthe land, ifit is recov\nered against the tenant. \n\"This we still make use of in the form of common recoveries, \nwhich are grounded on a writ of entry; a species of action \nthat we may remember relies chiefly on the weakness of \nthe tenant's title, who therefore vouches another person \nto warrant it .... In assises indeed. where the principal \nquestion is whether the demandant or his ancestors were \nor were not in possession till the ouster happened, and \nthe title of the tenant is little (if at all) discussed, there \nno voucher is allowed; but the tenant may bring a writ of \nwarrantia chartae against the warrantor, to compel him to \nassist him with a good plea or defence, or else to render \ndamages and the value of the land, if recovered against the \ntenant.\" 3 William Blackstone, Commentaries on the Laws \nof England 299 (1768). \nde warrantia diei (dee wa-ran-shee-;:l dI-ee-I), n. [Law \nLatin \"of warranty of day\"] Hist. A writ ordering a \njudge not to default a party for nonappearance because \nthe Crown warranted that the party was busy in its \nservice. \ndextrarius (dekstrair-ee-ds). Hist. One at the right hand \nofanother. \ndextras dare (dek-str;:ls dair-ee), vb. [Latin \"to give right \nhands\"]l. To shake hands to show friendship. 2. To \ngive oneself up to the power of another. \nDFA. abbr. DELAYED FUNDS AVAILABILITY. \nDFAS. abbr. DEFENSE FINANCE AND ACCOUNTING \nSERVICE. \nDHS. abbr. 1. DEPARTMENT OF HOMELAND SECURITY. 2. \nDepartment of human services. See DEPARTMENT OF \nPUBLIC WELFARE. \nDIA. abbr. DEFENSE INTELLIGENCE AGENCY. \ndiaconate (dI-ak-d-nit), n. [Law LatinI A deacon's \noffice. \ndiaconus (dI-ak-;:l-nds), n. [Law Latin] A deacon. See \nDEACON. \ndiagnosis (dI-;:lg-noh-sis). (17c) 1. The determination \nof a medical condition (such as a disease) by physical \nexamination or by study ofits symptoms. 2. The result \nof such an examination or study. Cf. PROGNOSIS. \nclinical diagnosis. A diagnOSiS from a study of \nsymptoms only. \nphysical diagnosis. A diagnosis from physical exami\nnation only. \ndiagnostic commitment. See COMMITMENT. \ndialectic (dI-d-Iek-tik), n. (16c) 1. A school oflogic that \nteaches critical examination ofthe truth ofan opinion, \nesp. by discussion or debate. The method was applied \nby ancient philosophers, such as Plato and Socrates, \nprimarily in the context of conversational discussions \ninvolving questions and answers, and also by more \nmodern philosophers, such as Immanuel Kant, who \nviewed it as a theory of fallacies, and G.W.F. Hegel, \nwho applied the term to his philosophy proceeding \nfrom thesis, to antithesis, to synthesis. 2. An argument \nmade by critically examining logical consequences. 3. \n\nA logical debate. 4. A disputant; a debater. PI. dialec\ntics. \ndiallage (dr-aI-J-jee), n. [fro Greek diallage \"interchange\"] \nA rhetorical figure of speech in which arguments are \nplaced in several points ofview, and then brought to \nbear on one point. \nDialogus de Scaccario (dr-al-J-gas dee skJ-kair-ee-oh), \nn. [Law Latin \"a dialogue of or about the Exchequer\"] \nRist. A treatise, written during the reign ofHenry II, on \nthe Court of Exchequer, set up in imaginary dialogue \nform between a master and a disciple . Although some \noriginally attributed the work to Gervase ofTilbury, it \nwas proba.bly written by Richard Fitz Nigel, the bishop \nof London under Richard I, and the former Treasurer \nofthe Exchequer. \n\"The Dialogus de Scaccario is an anonymous book, but \nthere can be little doubt that we are right in ascribing it \nto Richard Fitz Neal: that is to say, to Richard the son of \nthat Nigel, bishop of Ely .... The book stands out as an \nunique book in the history of medieval England, perhaps \nin the history of medieval Europe. A high officer of state, \nthe trusted counsellor of a powerful king, undertakes to \nexplain to all whom it may concern the machinery of gov\nernment. He will not deal in generalities, he will conde \nscend to minute details. Perhaps the book was not meant \nfor the general public so much as for the numerous clerks \nwho were learning their business in the exchequer, but still \nthat such a book should be written, is one of the wonderful \nthings of Henry's wonderful reign.\" 1 Frederick Pollock & \nFrederic W. Maitland, The History ofEnglish Law Before the \nTime ofEdward 1161-62 (2d ed. 1898). \ndianatic (dI-d-nat-ik). See DIANOETIC. \ndianoetic (dI-a-noh-et-ik), n. [Greekdianoetikos, fro dia\n\"through\" + noein \"to revolve in the mind\"] Archaic. \nA form of logical reasoning that proceeds from one \nsubject to another. -Also termed (erroneously) \ndiana tic. \ndiarchy. See DYARCHY. \ndiarium (dr-air-ee-am), n. [fro Latin dies \"day\"] Roman \nlaw. An allowance (usu. offood) needed for a day; a \ndaily allowance of food or pay. PI. diaria (dI-air\nee-<J). \ndiatim (dl-ay-tam). [fro Latin dies \"day\"] Every day; \ndaily. \ndica (dl-k<'l), n. [Law Latin) An account tally. See TALLY \n(1). \ndicast (dI-kast or dik-ast), n. [Greek dikastesJ Rist. An \nancient Greek officer sitting as both judge and juror. \nEach dicast was generally a free citizen over the age of \n30. The dic"}
{"text": "Greek officer sitting as both judge and juror. \nEach dicast was generally a free citizen over the age of \n30. The dicasts sat together in groups ofbetween 100 to \n500, according to each case's importance, and decided \ncases by a majority. \ndicis causa (dI-sis kaW-Zd). [Latin] Roman law. For form's \nsake; on the surface . The phrase appeared in reference \nto transactions completed in a certain form to conceal \ntheir true purpose. \ndictate, vb. 1. To pronounce orally for transcription. 2. \nTo order; to command authoritatively. \ndictation. 1. The act ofspeaking words to be transcribed. \n2. The words so transcribed. dictator. L Roman law. An absolute ruler appointed in \nan emergency for a term of six months and subject to \nreappointment. \n\"In special emergencies, particularly in times of grave \ncrisis, either consul might appoint a dictator who exercised \nsupreme authority, but not beyond six months, unless \nreappointed. This was, in effect, a temporary reversion \nto monarChy.\" RW. Lee, The Elements ofRoman Law 14 \n(4th ed. 1956). \n2. A person, esp. a ruler, with absolute authority. \ndictum (dik-t;)m), n.(16c) 1. A statement of opinion or \nbelief considered authoritative because of the dignity \nofthe person making it. 2. A familiar rule; a maxim. 3. \nOBITER DICTUM. PI. dicta. [Cases: Courts (;:=>92.] \n\"As a dictum is by definition no part of the doctrine of the \ndeciSion, and as the citing of it as a part of the doctrine \nis almost certain to bring upon a brief maker adverse \ncomment, lawyers are accustomed to speak of a dictum \nrather slightingly, and sometimes they go so far as to \nintimate a belief that the pronouncing of a dictum is the \ndoing of a wrong. Yet it must not be forgotten that dicta \nare frequently, and indeed usually, correct, and that to give \nan occasional illustration, or to say that the doctrine of \nthe case would not apply to some case of an hypothetical \nnature, or to trace the history of a doctrine, even though it \nbe conceded, as it must, that such passages are not essen\ntial to the deciding of the very is often extremely \nuseful to the profession.\" William M. et aI., BriefMaking \nand the Use ofLaw Books 307 (3d ed. 1914). \ndictum proprium (dik-tam proh-pree-am). A personal \nor individual dictum that is given by the judge who \ndelivers an opinion but that is not necessarily con\ncurred in by the whole court and is not essential to \nthe disposition of the case. Also termed (loosely) \ndictum propria. \ngratis dictum (gray-tis dik-tam). 1. A voluntary state\nment; an assertion that a person makes without being \nobligated to do so. 2. A court's stating ofa legal prin\nciple more broadly than is necessary to decide the \ncase. 3. A court's discussion of points or questions \nnot raised by the record or its suggestion ofrules not \napplicable in the case at bar. \njudicial dictum. An opinion by a court on a question \nthat is directly involved, briefed, and argued by \ncounsel, and even passed on by the court, but that is \nnot essential to the decision. Cf. OBITER DICTUM. \nobiter dictum. See OBITER DICTUM. \nsimplex dictum (sim-pleks dik-tam). An unproved or \ndogmatic statement. See IPSE DIXIT. \ndictum de Kenilworth (dik-tam dee ken-al-w;)rth), n. \n[Law Latin \"edict ofKenilworth\"] Rist. A declaration \nof an agreement between Edward I and the barons \nwho had opposed him under the leadership of Simon \nde Montfort . The agreement, which concerned rent \non the lands forfeited in the rebellion, was so called \nbecause it was made at Kenilworth castle in Warwick\nshire in A.D. 1266. It was published in the Statutes of \nthe Realm and 52 Hen. 3. \ndictum page. See pinpoint citation under CITATION (3). \ndictum propria. See dictum proprium under DICTUM. \n\ndiebus feriatis 520 \ndiebus feriatis (dl-a-bas feer-ee-ay-tis). [Latin] Hist. On \nholidays. \ndiei dictio (dI-ee-I dik-shee-oh). [Latin \"appointing a \nday\"] Roman law. 1. A magistrate's notice summon\ning the accused to appear on a fixed day for trial. 2. \nThe service ofa summons. Also written did dictitio, \ndiem dicere. \ndiem clausit extremum (dl-am klaw-zit ek-stree\nmam), n. [Law Latin \"he closed his last day\"] Hist. 1. \nA chancery writ, founded on the statute of Madbury, \nordering the county escheator, after the death of a \nchief tenant of the Crown, to summon a jury to deter\nmine the amount and value ofland owned by the chief \ntenant, to determine the next heir, and to reclaim the \nproperty for the Crown. -It was a type of inquisition \npost mortem. \n\"Diem clausit extremum is a writ that lies where the king's \ntenant that holds in chief, dies; then this writ shall be \ndirected to the excheator, to inquire of what estate he was \nseised, who is next heir, and his age. and of the certainty \nand value of the land, and of whom it is holden; and the \ninquisition shall be returned into the chancery, which is \ncommonly called the office after the death ofthat person,\" \nTermes de fa Ley 169 (lst Am. ed. 1812). \n2. An Exchequer writ ordering a sheriff to summon a \njury to investigate a Crown debtor's place ofdeath and \namount ofproperty owned, and to levy the property of \nthe deceased's heirs and executors, -Itwas repealed by \nthe Crown Proceedings Act of 1947. \n\"And there is another writ of diem clausit extremum \nawarded out of the exchequer, after the death of an \naccomptant or debtor of his majesty, to levy the debt of \nhis heir, executor, administrator's lands or goods.\" Termes \nde fa Ley 169 (1 st Am. ed, 1812). \ndies (dI-eez), n. [Latin] A day; days. PI. dies. \ndies ad quem (dl-eez ad kwem), n. [Latin \"the day to \nwhich\"] Civil law. An ending date for a transaction; \nthe ending date for computing time, such as the day \non which interest no longer accrues. \ndies amoris (dI-eez ;3-mor-is), n. [Law Latin] Hist. \nA day of favor; esp., a day set by the court for the \ndefendant to make an appearance. -This was usu. \nthe fourth day of the term, which was the first day \nthe court normally sat for business. In addition, \nthe defendant usu. had three days of grace from the \nsummons to appear, but an appearance on the fourth \nday quarto die post (\"on the fourth day thereafter\") \nwas usu. sufficient. \ndies a quo (dI-eez ay kwoh), n. [Latin \"the day from \nwhich\"] Civil law, A transaction's commencement \ndate; the date from which to compute time, such as \na day when interest begins to accrue. La. Civ. Code \nart. 1784. \ndies cedit (dI-eez see-dit). [Latin \"the time begins \nto run\"] Roman & Scots law. The day on which an \ninterest, esp. a legacy, vests; the day on which a condi\ntional obligation becomes due. -An interest usu., but \nnot always, vested on the day of the testator's death. \nAlso termed dies cedens. Cf. dies venit. \"A legacy was due, or became a valid right, either at the \ndeath of the testator or the occurrence of a condition \nprecedent. This vesting of the property or the accruing \nof an obligation determined the content and nature of the \ninterests involved. What the legatary got was discovered \nby examining what the legacy actually carried with it on \nthe day when it became vested. To express the fact that \nthe legacy had become vested, the technical expression \ndies cedit was used.\" Max Radin. Handbook ofRoman Law \n434-35 (1927), \ndies comitiales (dI-eez k;}-mish-ee-ay-leez). [Latin] \nRoman law. 1he 190 days in the year when an election \ncould be held or the people could assemble as a legis\nlative body. -The praetors could not hold court while \na legislative assembly was in session. \ndies communes in banco (dI-eez ka-myoo-neez in \nbang-koh), n. [Law Latin \"common days before the \nbench\"]!. Regular appearance dates in court. -Also \ntermed common-return days. 2. An enactment printed \nunder the Statutes of Henry III, regulating continu\nances and writ return dates. \ndies datus (dI-eez day-tas), n. [Law Latin \"a given day\"] \nA continuance, esp. for a defendant before a decla\nration is filed; a time of respite in a case. - A con\ntinuance granted after the filing of the declaration is \ncalled an imparlance. See IMPARLANCE. \ndies datus in banco (dI-eez day-tas in bang-kohl, n. \n[Law Latin] A day given before the bench, as distin\ngUished from a day at nisi prius. \ndies datus partibus (dI-eez day-tas pahr-ta-bas), n. \n[Law Latin \"a day given to the parties\"] A continu\nance; an adjournment. \ndies dotus prece partium (dI-eez day-t;!s prce-see pahr\nshee-am), n. [Law Latin \"a day given at the prayer of \nthe parties\"] A day given at the parties' request. \ndies Dominicus (dI-eez da-min-i-kas), n. [Latin] The \nLord's day; Sunday. \ndies excrescens (dI-eez ek-skree-sanz), n. [Law Latin \n\"the increasing day\"] The additional day in a leap \nyear. \ndies fasti (dI-eez fas-tI). [Latin] Roman law. A day \nwhen justice could be administered; a day when the \npraetor could officially pronounce the three words \n\"do,\" \"dico,\" and \"addico.\" -Also called triverbial \ndays. Cf. NEFASTUS. \ndies feriati (dI-eez fer-ee-ay-tI), n. [Latin] Roman & \ncivil law. A holiday; holidays. \ndies gratiae (dI-eez gray-shee-ee), n. [fr. Law French \njour de grace] Hist. A day of grace, usu. granted to \nthe plaintiff. \ndies in banco. See DAYS IN BANK. \ndies intercisi (dI-eez in-t;3r-SI-zI). [Latin \"divided \ndays\"] Roman law. A day when the courts were open \nfor only part of the day. \ndies juridicus (dI-eez juu-rid-i-kas), n. [Latin] A day \nwhen justice can be administered. -This term was \nderived from the civil-law term dies Jasti. See dies \nJasti. \n\ndies legitimus (dl-eez l<>-jit-i-m<>s). [Latin) Roman law. \nA lawful day; a law day. \ndies marchiae (dI-eez mahr-kee-ee), n. [Law Latin \"a \nday ofthe march\"] Hist. In the reign ofRichard II, the \nannual day set aside for the wardens of the English \nand Scottish borders to hold peace talks and resolve \ndifferences. \ndies nefasti (dI-eez nee-fas-tl), n. 1. NEFASTUS (2). 2. \nSee dies non juridicus. \ndies non (dJ-eez non). See dies non juridicus. \ndies non juridicus (dI-eez non juu-rid-i-k<>s), n. [Law \nLatin \"a day not juridical\") A day exempt from court \nproceedings, such as a holiday or a Sunday. Often \nshortened to dies non. \ndies pads (dI-eez pay-sis), n. [Law Latin \"day ofpeace\") \nHist. A day of peace. _ The days were originally \ndivided into two categories: dies pacis ecclesiae (\"a \nday of the peace ofthe church\") and dies pads regis \n(\"a day ofthe Crown's peace\"). \ndies religiosi (dI-eez ri-lij-ee-oh-sI). [Latin] Roman law. \nReligious days on which it was unlawful to transact \nlegal or political business. \ndies solaris (dl-eez sd-Iair-is), 11. [Law Latin \"a solar \nday\"] See solar day under DAY. \ndies solis (dl-eez soh-lis). [Latin \"day of the sun\"] \nRoman law. Sunday. \ndies utiles (dl-eez yoo-t<>-leez). [Latin \"available days\"] \nRoman law. A day when something can be legally \ndone, such as an application to the praetor to claim \nan inheritance. \ndies venit (dl-eez vee-nit). [Latin \"the day has corne\"] \nRomal1 & Scots law. The date when an interest is both \nvested and actionable. _ It is usu. the day when the \nheir accepts the inheritance and a legatee can claim \npayment ofa legacy. Also termed dies veniel1s. Cf. \ndies cedit. \n\"But the legacy, though vested, is not yet so completely the \nproperty of the legatary that he may bring an action for \nit. To the fact that such a right of action accrues, \nthe term venit was used. In general, it may be said \nthat dies veniens occurred when, and not until, the heres \nhas actually entered upon the inheritance. But, of course, \nif the legacy was conditional, the heres may enter before \nthe condition happens. In that case, dies veniens will occur \nsimultaneously with dies cedens; i.e., the legacy will vest \nand the bequest become actionable at the same moment.\" \nMax Radin, Handbook ofRoman Law 435 (1927). \nd"}
{"text": "actionable at the same moment.\" \nMax Radin, Handbook ofRoman Law 435 (1927). \ndies votorum (dl-eez voh-tor-am), n. [Latin \"a day of \nvows\"] A wedding day. \ndiet. 1. A esp. offood. 2. (cap.) A nation's parlia\nmentary assembly, as in Israel, Japan, or some eastern \nEuropean nations. 3. A governing body's meeting day \nfor legislative, political, or religious purposes; speci., a \nnational assembly ofvarious European countries, such \nas the diet ofthe German empire, which was summoned \nby the emperor regularly to perform various functions, \nincluding levying taxes, enacting laws, and declaring \nwar. 4. Scots law. A day to perform a duty, such as a court sitting day, an appearance day, and a criminal \npleading or trial day. -Also spelled dyet. \n\"In procedure on indictment there are two diets, the \npleading diet, when the accused is called to plead, and the \ntrial diet when, if he has pled not gUilty, he is tried.\" David \nM. Walker, The Oxford Companion to Law 357 (1980). \ndieta (dI-ee-tJ), 11. [fr. Latin dies \"day\"] Hist. 1. A day's \njourney. 2. A day's work. 3. A day's expenses. \ndietary law. Any of the body of laws observed by \nmembers of various faiths regulating what foods may \nbe eaten, how the foods must be prepared and served, \nand what combinations and contacts (e.g., between \nmeat and milk) are prohibited. \ndi. etfl. (dI et fl). abbr. DILECTO ET FIDEL!. \nDieu et mon droit (dyuu ay mawn drwah). [French \"God \nand my right\"] The motto ofthe royal arms ofEngland. \n-It was first used by Richard I and, with the exception \nof Elizabeth 1, was continually used from Edward III \nto William III, who used the motto je maintiendrey. \nQueen Anne used Elizabeth 1'8 motto, semper eadem, \nbut Dieu et mon droit has been used since her death. \nDieu son acte (dyuu sawn akt), n. [Law Latin \"an act of \nGod\"] Hist. An act of God, beyond human controL \ndiffacere (di-fay-sJ-ree), vb. [fro Old French deffacerl \nHist. To deface; to mutilate. Also termed disfacere; \ndefacere. \ndifferent-department rule. A doctrine holding that \npeople who work for the same employer are not fellow \nservants ifthey do not do the same work or do not work \nin the same department. -This rule, which creates an \nexception to the fellow-servant doctrine, has been \nrejected by many jurisdictions. See FELLOW-SERVANT \nDOCTRINE;feliow servant under SERVANT. [Cases: Labor \nand Employment (;:::>2921.] \ndifferential pricing. (1946) The setting of the price ofa \nproduct or service differently for different customers. \nSee PRICE DISCRIMINATION. \ndifforciare (di-for-shee-air-ee), vb. [Law Latin \"to deny\"] \nHist. To keep (something) from someone; to deny \n(something) to someone. \ndiffused surface water. See WATER. \nDIF system. See DISCRIMINANT FUNCTION. \ndigama (dig-J-m<. See DEUTEROGAMY. \ndigamy (dig-<>-mee). See DEUTEROGAMY. \ndigest, 11. (14c) 1. An index oflegal propositions showing \nwhich cases support each proposition; a collection of \nsummaries of reported cases, arranged by subject \nand subdivided by jurisdiction and court. _ The chief \npurpose ofa digest is to make the contents of reports \navailable and to group together those cases bearing on \nsome specific point. The American Digest System covers \nthe decisions ofall American courts oflast resort, state \nand federal, from 1658 to present. Abbr. D.; Dig. \n\"An important and numerous class of books included in the \ngeneral division designated as books of secondary author \nity is the group known by the generic name of 'Digests.' A \nDigest is essentially an index to Cases. But it is much more \n\n522 digital agenda \nthan an ordinary index, for it indicates the holdings and (in \nsome, though not all, publications) the facts of each case. \nAny particular digest is a summary of the case law coming \nwithin its scope, and its units are summaries of particular \npoints of particular cases. What the syllabi of a reported \ncase are to that case, a digest is to many cases. Were a \ndigest simply a collection of citations to cases, arranged \nlogically according to the contents of such cases, it would \nbe a search book; but, being a summary of the case law, it \nis a book of secondary authority.\" William M. Lile et aI., Brief \nMaking and the Use ofLaw Books 68 (3d ed. 1914). \n2. Civil law. (cap.) A compilation and systematic state\nment of the various areas of law; chiefly, the Pandects \nofJustinian in 50 books, known as the Digest. -Also \ntermed (figesta; digests. See PANDECT (2). \ndigital agenda. Copyright. A series of 10 proposed \nchanges to copyright law announced by WI PO in 1999 \nand deSigned to protect intellectual-property rights \non the Internet while promoting e-commerce. Also \ntermed W!PO digital agenda. \ndigital cash. See e-money under MONEY. \ndigital certificate. A publicly available computer-based \nrecord that identifies the certifying authority and \nthe subscriber who was issued a digital signature for \nelectronically transmitted documents and that also \nprovides the person's public key for decrypting the \ndigital signature . Subscribers register with certifica\ntion authorities to obtain digital signatures. Certificates \nmay include additional information, including issuance \nand expiration dates, and recommended reliance limits \nfor transactions relying on the certificate. The certifi\ncate also serves as an electronic notarization when \nattached to an electronic document by the sender. \ndigital fingerprinting. See STEGANOGRAPHY. \nDigital Millennium Copyright Act. A 1998 federal \nlaw harmoniZing United States copyright protection \nwith international law, limiting copyright liability for \nInternet service providers, and expanding software \nowners' ability to copy programs . Among many other \nprovisions, the statute extends copyright protection \nto computer programs, movies, and other audiovisual \nworks worldwide; attempts to regulate cyberspace; \nforbids devices whose purpose is to evade digital \nantipiracy tools; and bars the production or distribu\ntion of falsified copyright-management information. 17 \nUSCA  1301-1332. Abbr. DMCA. [Cases: Copy\nrights and Intellectual Property C::::> 34, 67.3.] \ndigital sampling. See SAMPLING. \ndigital signature. See SIGNATURE. \ndigital watermarking. See STEGANOGRAPHY. \ndignitary, adj. Ofor relating to one's interest in personal \ndignity, as contrasted with one's interest in freedom \nfrom physical injury and property damage. Tort \nactions that compensate a plaintiff for a dignitary insult \nrather than physical injury or property damage include \nfalse-light privacy and negligent infliction of emotional \ndistress. \ndignitary, n. 1. A person who holds a high rank or honor. \n2. Eccles. law. A person who, by virtue of holding a superior office stands above ordinary priests and \ncanons. \ndignitary tort. See TORT. \ndignity, n. 1. The state ofbeing noble; the state of being \ndignified. 2. An elevated title or position. 3. A person \nholding an elevated title; a dignitary. 4. A right to hold \na title of nobility, which may be hereditary or for life. \n\"Dignities may be hereditary, such as peerages ... or for \nlife, such as life peerages and knighthoods. The dignities \nof peerages and baronetcies are created by writ or letters \npatent, that of knighthood by dubbing as knight. A dignity \nof inheritance may also exist by prescription. Dignities of \ninheritance are incorporeal hereditaments having been \noriginally annexed to the possession of certain lands or \ncreated by a grant of those lands and are generally limited \nto the grantee and his heirs Of his heirs of the body. If \nheirs are not mentioned, the grantee holds for life only. \nThe heirs are determined by the rules which governed the \ndescent of land prior to 1926.\" David M. Walker, The Oxford \nCompanion to Law 358 (1980). \ndijudication (dI-joo-d<'i-kay-sh;m). Archaic. A judicial \ndetermination. \ndilapidation. (often pl.) Damage to a building resulting \nfrom acts of either commission or omission . A dilapi\ndation may give rise to liability if it constitutes an act \nofwaste, a breach of contract, or a statutory violation. \n[Cases: Landlord and Tenant C::::>S5, 125, 154, 166.J \ndilapidations. action for (d<'i-Iap-;}-day-sh<'inz). Hist. \nAn action brought by a new incumbent of a benefice \nfor damages rising from the disrepair ofthe houses or \nbuildings on the benefice . The incumbent -whether \nof a rectory, a vicarage, or a chapel -sued the execu\ntors or administrators ofthe incumbent's deceased pre\ndecessor (who was not liable for the disrepairs while \nliving). The incumbent of a benefice was bound to \nmaintain the parsonage, farm buildings, and chancel \nin good and substantial repair, restoring and rebuilding \nwhen necessary, according to the original plan. But the \nincumbent did not have to supply or maintain anything \nin the nature of ornament. \ndilatory (dil-<'i-tor-ee), adj. (15c) Tending to cause delay \n<the judge's opinion criticized the lawyer's persistent \ndilatory tactics>. \ndilatory defense. See DEFENSE (1). \ndilatory exception. See EXCEPTION (1). \ndilatory fiduciary. See FIDUCIARY. \ndilatory motion. 1. See MOTION (1). 2. See MOTION (2). \ndilatory plea. See PLEA (3). \ndilecto et fideli (di-lek-toh et fi-dee-h). [Law LatinJ To his \nbeloved and faithful.  This phrase was used in various \nwrits. Abbr. di. etfl. \ndiligence. (14c) 1. A continual effort to accomplish some\nthing. 2. Care; caution; the attention and care required \nfrom a person in a given situation . The Roman-law \nequivalent is dilegentia. See DILEGENTIA. \n\"Care, or the absence of negligentia, is diligentia. The use \nof the word diligence in this sense is obsolete in modern \nEnglish, though it is still retained as an archaism of legal \ndiction. In ordinary usage, diligence is opposed to idleness, \n\nnot to carelessness.\" John Salmond, Jurisprudence 393 n.(i) \n(Glanville L. Williams ed., 10th ed. 1947). \ncommon diligence. 1. See due diligence (0. 2. See \nordinary diligence. \ndue diligence. (18c) 1. The diligence reasonably \nexpected from, and ordinarily exercised by, a person \nwho seeks to satisfy a legal requirement or to dis\ncharge an obligation. Also termed reasonable dili\ngence; common diligence. 2. Corporations & securities. \nA prospective buyer's or broker's investigation and \nanalysis of a target company, a piece of property, or \na newly issued security. - A failure to exercise due \ndiligence may sometimes result in liability, as when \na broker recommends a security without first inves\ntigating it adequately. [Cases: Securities Regulation \nC:=>25.21(4),25.62(2).] \nextraordinary diligence. Extreme care that a person \nof unusual prudence exercises to secure rights or \nproperty. \ngreat diligence. The diligence that a very prudent \nperson exercises in handling his or her own property \nlike that at issue. -Also termed high diligence. \nlow diligence. See slight diligence. \nnecessary diligence. The diligence that a person is \nrequired to exercise to be legally protected. \nordinary diligence. (18c) The diligence that a person \nof average prudence would exercise in handling his \nor her own property like that at issue. Also termed \ncommon diligence. \nreasonable diligence. (18c) 1. A fair degree of diligence \nexpected from someone ofordinary prudence under \ncircumstances like those at issue. 2. See due diligence \n(1). \nslight diligence. (1836) The diligence that a person of \nless than common prudence takes with his or her own \nconcerns. Also termed low diligence. \nspecial diligence. The diligence expected from a person \npracticing in a particular field ofspecialty under cir\ncumstances like those at issue. \n3. Patents. Speed and perseverance in perfecting an \ninvention. _ Diligence is one factor in deciding which \nof two or more independent inventors will be granted \na patent: if the first inventor cannot prove reason\nable diligence in reducing the invention to practice, a \nlater inventor may take priority. [Cases: Patents \n90(3).] 4. Scots law. A court-issued warrant to compel \nsomething, such as the attendance of a witness or the \nenforcement of an unpaid judgment debt. 5. Scots \nlaw. Any legal process available to a creditor to seize \na debtor's property to compel the debtor to answer an \naction for debt, to preserve the property as security for \na judgment that the creditor may obtain, or to liqui\ndate the property in satisfaction ofa judgment already \nobtained. -Forms of diligence include adjudication, \narrestment, inhibition, poinding, and sequestration for \nrent. Until the mid-20th century, a debtor could also be \nimprisoned. The term diligence is also sometimes used to denote a warrant that may be granted to compel a \nwitness's attendance or to compel production of docu\nments. See EX"}
{"text": "warrant that may be granted to compel a \nwitness's attendance or to compel production of docu\nments. See EXECUTION (3). \ndiligence against the heritage. Scots law. A writ of exe\ncution allowing a creditor to proceed against a debtor's \nreal property. \ndiligent, adj. Careful; attentive; persistent in doing \nsomething. \ndiligentia (dil-a-jen-shee-a), n. [Latin] Roman law. Care\nfulness; diligence. _ The failure to exercise diligentia \nmight make a person liable if contractually obliged to \nlook after another's interests, or it might result in tort \nliability. See DILIGENCE. Cf. NEGLIGENTIA. \n\"The texts distinguish two standards of diligence, a higher \nand a lower. The higher is the diligence which the good \nfather of a family habitually exhibits in his own affairs \n(diligentia exacta or exactissima diligentia boni patris \nfamilias). The lower is the diligence which the person \nin question exhibits in his own affairs (diligentia quam \nsuis rebus). This may, in fact, reach a high degree of dili \ngence or it may not. But, at least, where this standard is \napplied nothing extraordinary is expected. It is a concrete \nstandard. It is enough that the person in question pursues \nhis normal course. According to a traditional terminology, \nwhere the first standard is applied, there is said to be liabil \nity for culpa levis in abstracto slight negligence in the \nabstract; in the second case there is liability for culpa levis \nin concreto slight negligence in the concrete.\" R.W. lee, \nThe Elements of Roman Law 288 (4th ed. 1956). \ndiligentia exactissima (dil-a-;en-shee-;) eks-ak-tis\n;)-ma). [Latin] Extraordinary diligence that a head \nof a family habitually exercises in business. -Also \ntermed diligentia exacta; diligentia boni patrisfamil\nias. See extraordinary diligence under DILIGENCE. \ndiligentia media (dil-i-jen-shee-a mee-dee-a). [Law \nLatin1Scots law. Middle level ofdiligence; the level of \ndiligence that a person ofordinary prudence exercises \nin his or her own affairs. Also termed diligentia \nquam suis rebus (dil-a-jen-shee- a kwam s[y]oo-is \nree-bas). See ordinary diligence under DILIGENCE. \ndiligentia quam suis rebus. See diligel1tia media. \nexacta diligentia (eg-zak-ta dil-a-jen-shee-a). [Latin] \nRoman law. Great care. \ndiligent inquiry. A careful and good-faith probing to \nascertain the truth ofsomething. \ndiligiatus (da-Iij-ee-ay-tas), n. [fro Latin dis-\"apart\" + \nZigius \"under legal protection\"] A person cast out ofthe \nlaw's protection; an outlaw. \nDillon's rule. The doctrine that a unit oflocal govern\nment may exercise only those powers that the state \nexpressly grants to it, the powers necessarily and fairly \nimplied from that grant, and the powers that are indis\npensable to the existence of the unit of local govern\nment. _ For the origins of this rule, see 1John F. Dillon, \nThe Law ofMunicipal Corporations  89, at 115 (3d ed. \n1881). [Cases: Municipal Corporations \ndilution. (17c) 1. 'The act or an instance ofdiminishing a \nthing's strength or lessening its value. 2. Corporations. \nThe reduction in the monetary value or voting power \nofstock by increasing the total number ofoutstanding \n\nDilution Act 524 \nshares. 3. Constitutional law. The limitation of the \neffectiveness of a particular group's vote by legislative \nreapportionment or political gerrymandering . Such \ndilution violates the Equal Protection Clause. Also \ntermed vote dilution. [Cases: Constitutional Law C'-:::' \n3658.J 4. Trademarks. \"The impairment of a famous \ntrademark's strength, effectiveness, or distinctiveness \nthrough the use of the mark on an unrelated product, \nusu. blurring the trademark's distinctive character or \ntarnishing it with an unsavory association . Trade\nmark dilution may occur even when the use is not com\npetitive and when it creates no likelihood of confusion. \nThe elements of trademark dilution are (1) ownership \nofa famous mark and (2) actual dilution. But a plaintiff \ndoes not have to prove actual loss of sales or profits. \nMoseley v. V Secret Catalogue, Inc., 537 U.S. 418, 123 \nS.Ct. 1115 (2003). See BLURRING; TARNISHMENT. [Cases: \nTrademarks C=> 1458.] \nDilution Act. See FEDERAL TRADEMARK DILUTION ACT. \ndilution doctrine. Trademarks. The rule protect\ning a trademark from a deterioration in strength, as \nwhen a person seeks to use the mark for an unrelated \nproduct. \ndimidietas (dim-<l-dI-<l-tas), n. [Law Latin] Hist. Half of \nsomething; a moiety. \ndimidium (di-mid-ee-;}m), n. [Latin \"half\"] Hist. 1. Half; \na half -as in dimidium unius libratae (\"half a pound\"). \n2. An undivided halfofsomething. \ndimidius (di-mid-ee-as), adj. [Latin \"half\"] Hist. 1. Half; \ndoubled. 2. Loosely, incomplete. \ndiminished capacity. See CAPACITY (3). \ndiminished responsibility. See diminished capacity \nunder CAPACITY (3). \ndiminutio. See DEMINt:TIO. \ndiminution (dim-a-n[yJoo-sh<ln), n. (l4c) 1. The act or \nprocess ofdecreasing, lessening, or taking away. 2. An \nincompleteness or lack ofcertification in a court record \nsent from a lower court to a higher one for review. 3. \nTrademarks. BLURRING. -diminish (for sense 1), vb. \ndiminution-in-value method. (1980) A way ofcalculat\ning damages for breach ofcontract based on a reduction \nin market value that is caused by the breach. [Cases: \nDamages C=> 123.] \ndimissoriae litterae (dim-<l-sor-ee-ee lit-<lr-ee), n. \n[Latin \"dimissory letters\"] Eccles. law. See DIMISSORY \nLETTERS. \ndimissory letters (dim-a-sor-ee). 1. Hist. Eccles. law. Doc\numents allowing a clergy member to leave one diocese \nfor another. 2. Eccles. law. Documents provided by one \nbishop to enable another bishop to ordain a candidate \nalready ordained in the former bishop's diocese. \ndimpled chad. See CHAD. \ndiocesan (dr-os-;}-san), adj. Ofor belonging to a diocese; \nof or relating to the relationship between a bishop and \nthe clergy within the diocese. \ndiocesan court. See COt:RT. diocesan mission. A mission performing its work in a \nsingle diocese. \ndiocesan synod. See SYNOD. \ndiocese (dl-<l-Sees or -sis). 1. Roman law. A division of \nthe later Roman empire into groups of provinces. 2. \nEccles. law. A territorial unit of the church, governed \nby a bishop, and further divided into parishes. 3. Eccles. \nlaw. A bishop's jurisdiction . Several dioceses together \nare governed by an archbishop. \ndioichia (dI-oy-kee-a), n. [fro Latin diocesis \"a diocese\"] \nA district over which a bishop exercises his spiritual \nfunctions. \nDIP. abbr. DEBTOR-I\"'-POSSESSION. \ndiploma. 1. Roman law. A letter giving permission to \nuse the imperial post. 2. Hist. A royal charter; letters \npatent. 3. A document that evidences or memorializes \ngraduation from a school or society. Cf. DEGREE (6). \n[Cases: Schools (;::::) 178.]4. A document that evidences \na license or privilege to practice a profession, such as \nmedicine. \ndiplomacy, n. Int'llaw. 1. The art and practice of con\nducting negotiations between national governments. \nopen diplomacy. Diplomacy carried on with free access \nto interested observers and members ofthe press. \nparliamentary diplomacy. The negotiations and dis\ncussions carried out in international organizations \naccording to their rules ofprocedure. \nsecret diplomacy. Diplomacy carried on behind closed \ndoors. Also termed quiet diplomacy. \nshuttle diplomacy. Diplomatic negotiations assisted by \nemissaries, who travel back and forth between nego\ntiating countries . In legal contexts, the term usu. \nrefers to a similar approach used by a mediator in \nnegotiating the settlement ofa lawsuit. The mediator \ntravels back and forth between different rooms, one \nofwhich is assigned to each side's decision-makers \nand counsel. The mediator relays offers and demands \nbetween the rooms and, by conferring with the parties \nabout their positions and about the uncertainty ofliti\ngation, seeks to reach an agreed resolution ofthe case. \nThe mediator does not bring the parties together in \nthe same room. \n2. Loosely, foreign policy. 3. The collective functions \nperformed by a diplomat. diplomatic, adj. \ndiplomat, n. \ndiplomatic, n. See DIPLOMA TICS. \ndiplomatic agent. See AGENT (2). \ndiplomatic bag. See DIPLOMATIC POUCH. \ndiplomatic corps. Int'llaw. The ambassador and other \ndiplomatic personnel assigned by their government to \na foreign capital. \ndiplomatic immunity. See IMMUNITY (1). \ndiplomatic pouch. 1. A bag containing official corre\nspondence, documents, or articles intended exclu\nsively for official communications of a nation with its \n\n525 \nmissions, consular posts, or delegations. 2. The contents \nofthe bag. -Also termed diplomatic bag; valise diplo\nmatique. \ndiplomatic protection. Protection given by one coun\ntry's representatives to a person, usu. its citizen, against \nanother country's alleged violation of international \nlaw. \n\"The term diplomatic protection is not altogether precise. \nFirst, not only diplomatic agents and missions and other \nforeign offices may and do exercise diplomatic protection, \nbut also, at a different level, consuls, and, although very \nrarely, military forces. Secondly, the term diplomatic pro\ntection does not clearly denote the boundary line to other \ndiplomatic activities for the benefit of individuals, such as \nmere promotion of interests in one's own nationals in a \nforeign State, or friendly intercessions with foreign authori\nties_ Thus, diplomatic or consular actions to obtain conces\nsions or other government contracts for nationals from \nthe receiving State, or the arrangement of legal defense \nfor ajustly imprisoned national are not diplomatic protec\ntion in our sense; they are usually neither directed against \nthe other State nor based on a real or alleged violation of \ninternational law_ All these last-mentioned activities may \nbe called diplomatic protection only if the term is taken in \na very broad sense.\" William Karl Geck, \"Diplomatic Protec\ntion.\" in 1 Encyclopedia of Public International Law 1046 \n(1992). \ndiplomatic relations. Int'llaw. The customary form of \npermanent contact and communication between sov\nereign countries. [Cases: Ambassadors and Consuls \n(';::>3; International Law C:::::> 10-10.2.] \ndiplomatic representation. See REPRESENTATION (5). \ndiplomatics. The science of deciphering and authenti\ncating ancient writings . The principles were largely \ndeveloped by the Benedictine Dom Mabillon in his \n1681 work entitled De re diplomatica. -Also termed \ndiplomatic (n.). \n\"Diplomatics, the science derived from the study of ancient \ndiplomas, so called from being written on two leaves, or \non double tablets. The Romans used the term more spe\ncially for the letters of license to use the publiC convey\nances provided at the different stations, and generally for \npublic grants. Subsequently it attained a more extended \nsignification, and in more modern times has been used \nas a general term for anCient imperial and ecclesiastical \nacts and grants, public treaties, deeds of conveyance, \nletters, wills, and similar instruments, drawn up in forms \nand marked with peculiarities varying with their dates and \ncountries. With the revival of literature, the importance of \nsuch documents in verifying facts and establishing public \nand private rights led to their being brought together \nfrom the historical works and the monastic registers in \nwhich they had been copied, or, in rarer instances, from \npublic and ecclesiastical archives where the originals were \nstill preserved, Then arose questions of authenticity, and \ndoubts of the socalled originals; disputants defended or \ncondemned them; and, in order to establish principles for \ndistinguishing the genuine from the forged, treatises were \nwritten on the whole subject of these diplomas.\" 7 Encyclo\npaedia Britannica 220 (9th ed. 1907). \nDiplomatic Security Service. See BUREAU OF DIPLO\nMATIC SECURITY. \ndiptych (dip-tik), n. Latin diptycha fro Greek diptycha \n\"two-leaved\"] 1. Roman law. Two tablets usu. made of \nwood or metal and tied with string through holes at \nthe edges so that they could fold over (like a book with direct action \ntwo leaves) . Diptychs were often used to send letters, \nand the text was sometimes written using a stylus, once \non the inside waxed leaves and again on the outside, \nso that it could be read without opening the tablets. \n2. Hist. Eccles. law. Tablets used by the church, esp. to \nregister names of those making supplication, and to \nrecord births, marriages, and deaths. 3. Hist. Eccles. \nlaw. The registry ofthose names. \n\"The recitation of the name of any prelate or civil ruler \nin the diptychs was a recognition of his orthodoxy; its \nomission, the reverse. The mention of a person after death \nrecognized him as having died in the communion of the \nchurch, and the introduction of his name into the list of \nsaints or martyrs constituted canonization. In liturgics the \ndiptychs are distinguished"}
{"text": "his name into the list of \nsaints or martyrs constituted canonization. In liturgics the \ndiptychs are distinguished as rhe diptychs ofthe living and \nthe diprychs of the dead, the latter induding also the com\nmemoration of the saints .... In the Western Church the \nuse of the diptychs died out between the ninth and the \ntwelfth century; in the Eastern Church it still continues.\" 2 \nThe Century Dictionary and Cyclopedia (1895). \n\"Diptychs were used in the time of the Roman empire for \nsending letters .... The consula and quaestors used, on \nassuming office, to send diptychs containing their names \nand portraits to their friends .... The early Christians used \ntablets thus made in the celebration of divine worship __ . , \nThey were placed on ... the pulpits, or reading desks, \nwhich may still be seen in ancient basilicas at the west end \nof the choir or presbytery; and from them were read to the \ncongregation of the faithful the names of the celebrating \npriests, of those who occupied the superior positions in the \nChristian hierarchy, of the saints, martyrs, and confessors, \nand, in process of time, also of those who had died in the \nfaith.... The inscription on the diptychs of deaths and \nbaptisms, naturally led to the insertion of dates, and the \ndiptychs seem thus to have grown into calendars, and to \nhave been the germ from which necrologies, lists of saints, \nand almanacs have been developed,\" 7 Encyclopaedia Bri\ntannica 22324 (9th ed. 1907), \ndirationare (di-ray-shee-a-nair-ee), vb. [fro Latin dis \n\"thoroughly\" + ratiocinari \"to reason\"] Hist. 1. To \nprove; to establish one's right. 2. To disprove; to refute \n(an allegation). \ndirect (di-rekt), adj. 1. (Of a thing) straight; undeviating \n<a direct line>. 2. (Of a thing or a person) straightfor\nward <a direct manner> <direct instructions>. 3. Free \nfrom extraneous influence; immediate <direct injury>. \n4. Ofor relating to passing in a straight line ofdescent, \nas distinguished from a collateral line <a direct descen\ndant> <a direct ancestor>. 5. (Of a political action) \neffected by the public immediately, not through repre\nsentatives <direct resolution> <direct nomination>. \ndirect, n. See DIRECT EXAMINATION. \ndirect, vb. (I4c) 1. To aim (something or someone). 2. To \ncause (something or someone) to move on a particular \ncourse. 3. To guide (something or someone); to govern. \n4. To instruct (someone) with authority. 5. To address \n(something or someone). \ndirect action. (1912) 1. A lawsuit by an insured against \nhis or her own insurance company rather than against \nthe tort feasor and the tortfeasor's insurer. 2. A lawsuit \nby a person claiming against an insured but suing the \ninsurer directly instead of pursuing compensation indi\nrectly through the insured. [Cases: Insurance C=-3542.] \n3. A lawsuit to enforce a shareholder's rights against a \n\n526 direct-action statute \ncorporation. Cf. DERIVATIVE ACTION (1). [Cases: Cor\nporations C=>202.) \ndirect-action statute. A statute that grants an injured \nparty direct standing to sue an insurer instead of the \ninsured tortfeasor. Under Rhode Island's direct\naction statute, for example, an injured party may \nbring a direct action against an insurer when good\nfaith efforts to serve process on the insured are unsuc\ncessful. These statutes exist in several states, including \nAlabama, Arkansas, Louisiana, Minnesota, New York, \nPennsylvania, and Wisconsin. [Cases: Insurance \n3542.] \ndirect adoptiou. See private adoption under \nADOPTION. \ndirect affinity. See AFFINITY. \ndirect aggression. See AGGRESSION. \ndirect and proximate cause. See proximate cause under \nCAUSE (1). \ndirect appeal. See APPEAL. \ndirect attack. 1. An attack on a judgment made in the \nsame proceeding as the one in which the judgment was \nentered; speci., seeking to have the judgment vacated \nor reversed or modified by appropriate proceedings in \neither the trial court or an appellate court . Examples \nofdirect attacks are motions for new trial and appeals. \nCf. COLLATERAL ATTACK. 2. The taking ofindependent \nproceedings in equity to prevent the enforcement of a \njudgment. \ndirect beneficiary. See intended beneficiary under BEN\nEFICIARY. \ndirect cause. See proximate cause under CAUSE (1). \ndirect charge-off accounting method. See ACCOUNT\nINGMETHOD. \ndirect confession. See CONFESSION. \ndirect confusion. See CONFUSION. \ndirect contempt. See CONTEMPT. \ndirect conversion. See CONVERSION (2). \ndirect cost. See COST (1). \ndirect damages. See general damages under DAMAGES. \ndirect deposit. See DEPOSIT (2). \ndirect economic loss. See ECONOMIC LOSS. \ndirected verdict. See VERDICT. \ndirect estoppel. See COLLATERAL ESTOPPEL. \ndirect evidence. See EVIDENCE. \ndirect examination. (1859) The first questioning of a \nwitness in a trial or other proceeding, conducted by \nthe party who called the witness to testify. Often \nshortened to direct. -Also termed examination-in\nchief Cf. CROSS-EXAMINATION; REDIRECT EXAMINA\nTION. [Cases: Witnesses C=>224-245.J \ndirect infringement. See INFRINGEMENT. \ndirect injury. See INJURY. \ndirect interest. See INTEREST (2). direction (di-rek-sh;m). 1. The course taken in relation \nto the point toward or away from which something or \nsomeone is moving; a point to or from which a person \nor thing moves <the storm moved in a northerly direc\ntion>. 2. The course on which something is aimed <the \ndirection of the trial>. 3. An act of guidance <under \nthe chair's direction>. 4. An order; an instruction on \nhow to proceed <the judge's direction to the jury>. See \nJURY INSTRUCTION. 5. The address to the court con\ntained on a bill of equity <the direction on the bill>. \n[Cases: Equityc=> 131.) 6. A board of directors; a board \nofmanagers <the direction met on Wednesday>. \ndirective. See ADVANCE DIRECTIVE. \nDirective Harmouizing the Term of Copyright and \nCertaiu Related Rights. Copyright. A 1993 European \nCommission initiative setting the term of most copy\nright protection at the life ofthe author plus 70 years. \nThe directive extended coverage in most member coun\ntries to match that of Germany, whose term was the \nlongest on the Continent. In 2006, it was repealed. Its \nprovisions were incorporated into the Directive on the \nTerm of Protection of Copyright and Certain Related \nRights. -Also termed Duration Directive. \nDirective on Certain Aspects ofElectronic Commerce \nin the Internal Market. Copyright. A 2000 European \nCommission initiative that harmonizes members' laws \ngoverning commercial use of the Internet, including \nelectronic contracts, the liability ofservice providers, \nunsolicited commercial e-mail, and related issues. \nAlso termed Electronic Commerce Directive; E-Com\nmerce Directive. \nDirective on Rental, Lending and Certain Neighboriug \nRights. Copyright. A 1992 European Commission ini\ntiative setting rules for reimburSing copyright owners \nfor home rental and public lending of videotapes and \nother copies of works, and establishing the rights of \nperformers, producers, broadcasters, and cable dis\ntributors. Also termed Rental and Related Rights \nDirective; Rental Directive. \nDirective on the Coordination of Certain Rules \nConcerning Copyright and Neighbouriug Rights \nApplicable to Satellite Broadcasting and Cable \nRetransmission. Copyright. A 1993 European Com\nmission initiative requiring members, among other \nthings, to (1) recognize the right of a copyright owner \nto decide whether the work may be relayed by either \ncable or satellite, and (2) define the \"place\" ofa satellite \nbroadcast as the location where the Signal originates. \nAlso termed Cable and Satellite Directive. \nDirective ou the Legal Protection of Computer \nPrograms. Copyright. A 1991 European Commis\nsion initiative requiring members to protect computer \nsoftware by copyright rather than by patent or some sui \ngeneris set oflegal rights . The purpose ofthe Directive \nwas to harmonize copyright laws among the members \nof the European Commission. It standardized the \ndegree of originality required for software to qualify \nfor copyright protections. -Also termed Computer \nPrograms Directive; Software Directive. \n\nDirective on the Legal Protection ofDatabases. Copy\nright. A 1996 European Commission initiative that \nsets uniform copyright protection among members for \ndatabases of original content and requires a sui generis \nsystem of protection for databases that do not qualify \nfor copyright protection because their content is not \noriginal. Also termed Database Directive. \nDirective on the Term of Protection ofCopyright and \nCertain Related Rights. See DIRECTIVE HARMONIZ\nING THE TERM OF COPYRIGHT AND CERTAIN RELATED \nRIGHTS. \ndirective to physicians. See LIVING WILL. \ndirect line:See LINE. \ndirect-line descent. See lineal descent under DESCENT. \ndirect loss. See LOSS. \ndirectly, adv. 1. In a straightforward manner. 2. In a \nstraight line or course. 3. Immediately. \ndirect notice. See NOTICE. \ndirector (di-rek-tdr). (15c) 1. One who manages, guides, \nor orders; a chief administrator. 2. A person appointed \nor elected to sit on a board that manages the affairs ofa \ncorporation or other organization by electing and exer\ncising control over its officers. Also termed trustee. \nSee BOARD OF DIRECTORS. Cf. OFFICER (1). \naffiliated director. See outside director. \nclass director. 1. A director whose term on a corpo\nrate board is staggered with those of the other direc\ntors to make a hostile takeover more difficult. 2. A \ndirector elected or appointed to a corporate board to \nrepresent a special interest group, e.g., the preferred \nstockholders. \ndummy director. A board member who is a mere fig\nurehead and exercises no real control over the cor\nporation's business. -Also termed accommodation \ndirector; nominal director. \ninside director. A director who is also an employee, \nofficer, or major shareholder of the corporation. \nCorporations (;::::J 310(1).] \ninterlocking director. A director who simultaneously \nserves on the boards oftwo or more corporations that \ndeal with each other or have allied interests. \noutside director. A nonemployee director with little or \nno direct interest in the corporation. -Also termed \naffiliated director. [Cases; Corporations (;::::>310(1).] \nprovisional director. A director appointed by a court \nto serve on a close corporation's deadlocked board \nofdirectors. \npublic director. A director elected from outside a cor\nporation's shareholders or an organization's member\nship to represent the public interest. \ndirect order ofalienation. (1852) Real estate. The prin\nciple that a grantee who assumes the debt on a mort\ngaged property is required to pay the mortgage debt \nif the original mortgagor defaults. [Cases; Mortgages Director of Public Prosecutions. An officer (usu. a bar\nrister or solicitor often years' standing) who advises \nthe police and prosecutes criminal cases in England, \nWales, and Northern Ireland under the supervision of \nthe Attorney General.  This title, or a similar one, is \nused in various countries, including Australia, Canada, \nChina, Northern Ireland, the Republic ofIreland, and \nSouth Africa. In Scotland, the equivalent officer is the \nprocurator fiscal. \nDirector of the Mint. An officer appointed by the Pres\nident, with the advice and consent of the Senate, to \ncontrol and manage the U.S. Mint and its branches. \n[Cases: United States \nDirector of the United States Patent and Trademark \nOffice. The presidential appointee in charge ofthe U.S. \nPatent and Trademark Office . Until a 2000 reorga\nnization, the PTO chief was the Commissioner of \nPatents and Trademarks. The Director is also the Under \nSecretary of Commerce for Intellectual Property. \nFormerly termed Commissioner ofPatents and Trade\nmarks. [Cases; Patents \ndirectors' and officers' liability insurance. See INSUR\nANCE. \ndirectory, n. 1. A book containing an alphabetical list of \nnames, addresses, and telephone numbers, esp. those \nof a city's or area's residents and businesses. [Cases; \nTelecommunications 2. Any organization's \npublication containing information on its members \nor business, such as a legal directory. 3. Eccles. law. A \nchurch's book of directions for conducting worship. \n One of the primary directories is the Directory for \nthe Public Worship ofGod, prepared by the Assembly \nof Divines in England in 1644 to replace the Book of \nCommon Prayer, which had been abolished by Par\nliament (and was later reinstated). The Directory was \nratified by Parliament in 1645 and adopted by the \nScottish Parliament and General Assembly of the \nChurch of Scotland that same year. A directory in \nthe Roman Catholic Church contains instructions \nfor saying the mass and offices each day of the year. \n4. A small governing body; specif., the five-member \nexecutive body that governed France from 1795-1799 \nduring the French Revolution until it was overthrown \nby Napoleon and succeeded by the consulate. \ndirectory call. (1812) Property. In a land description, a \ngeneral description of the areas in which landmarks or \nother calls are found. See CALL (5); LOCATIVE CALLS. \ndirectory provision. A statutory or contractual sentence \nor paragraph in which a directory requirement appears. \n[Cases: Statutes \ndirectory requirement. (1865) A statutory or contrac\ntual instruction to act in a way that is advisable, but \nnot absolutely essential in contrast to a mandatory \nrequirement.  A directory requirement is frequently \nintroduced by the word should or, less frequently, shall \n(which is more typically a mandatory word). [Cases:"}
{"text": "frequently \nintroduced by the word should or, less frequently, shall \n(which is more typically a mandatory word). [Cases: \nStatutes (;..-.. 227.) \ndirectory statute. See STATUTE. \n\n528 directory trust \ndirectory trust. See TRUST. \ndirect-participation program. An investment vehicle \nthat is financed through the sale of securities not \ntraded on an exchange or quoted on NASDAQ and \nthat provides flow-through tax consequences to the \ninvestors. \ndirect payment. See PAYMENT. \ndirect placement. 1. The sale by a company, such as \nan industrial or utility company, of an entire issue of \nsecurities directly to a lender (such as an insurance \ncompany or group ofinvestors), instead ofthrough an \nunderwriter. _ This type of offering is exempt from SEC \nfiling requirements. 2. PRIVATE PLACEMENT (1). \ndirect-placement adoption. See private adoption under \nADOPTION. \ndirect possession. See immediate possession under pos-\nSESSION. \ndirect question. See QUESTION (1). \ndirect-reduction mortgage. See MORTGAGE. \ndirect selling. 1. Selling to a customer without going \nthrough a dealer. 2. Selling to a retailer without going \nthrough a wholesaler. \ndirect skip. (1988) Tax. A generation-skipping transfer \nof assets, either directly or through a trust. - A direct \nskip may be subject to a generation-skipping transfer \ntax either a gift tax or an estate tax. IRC (26 USCA) \n 2601-2602. See GENERATION-SKIPPING TRANSFER; \ngeneration-skipping transfer tax under TAX; SKIP \nPERSON. [Cases: Internal Revenue (:::::>4224.] \ndirect tax. See TAX. \nDirect Tax Clauses. The provisions in the U.S. Consti\ntution requiring direct taxes to be apportioned among \nthe states according to their respective numbers (U.S. \nConst. art. I,  2, d. 3) and prohibiting capitation or \nother direct taxes except in proportion to the census \n(U.S. Const. art. 1,  9, d. 4). -An additional provi\nsion of Article I,  2 concerning computation of taxes \nis affected by  2 of the Fourteenth Amendment, and \nboth clauses are affected by the Sixteenth Amendment \nconcerning income taxes. [Cases: Internal Revenue (:::::> \n3059.J \ndired trust. See express trust under TRUST. \ndiribitores (di-rib-Cl-tor-eez), n. pI. [Latin \"sorters of \nvotes\"] Roman law. Officers who distributed voting \nballots to the citizens in a comitia. See COMITIA. \ndiriment impediment. See IMPEDIMENT. \ndiritto connessi. [Italian] NEIGHBORING RIGHT. \ndiritto d' autore. [Italian] AUTHOR'S RIGHT. \ndirt-for-debt trausfer. A transaction in which a \nbankrupt debtor satisfies all or part of a secured debt \nby transferring the collateral to the creditor. [Cases: \nBankruptcy (:::::> 3564.] \nDISA. abbr. DEFENSE INFORMATION SYSTEMS AGENCY. \ndisability. (16c) 1. The inability to perform some function; \nesp., the inability ofone person to alter a given relation with another person. 2. An objectively measurable con\ndition of impairment, physical or mental <his disability \nentitled him to workers' -compensation benefits>. \nAlso termed handicap; incapacity. [Cases: Civil Rights \n(:::::> 1019, 1218; Workers' Compensation (:::::>802.] \n\"The Supreme Court has cautioned that [the Americans \nwith Disabilities Act] requires that disabilities be evaluated \n'with respect to an individual' and must be determined \nbased on whether an impairment substantially limits \nthe 'major life activities of such individual.' The Court \nconceded that 'some impairments may invariably cause \na substantial limitation of a major life activity,' but '[t]he \ndetermination of whether an individual has a disability is \nnot necessarily based on the name or diagnosis of the \nimpairment the person has, but rather on the effect ofthat \nimpairment on the life of the individual.' As a result, courts \nare reluctant to characterize any particular impairment as \na per se disability under ADA. And the fact that an impair\nment is considered to be a disability under a different set \nof criteria for some purpose other than the ADA has no \nbearing on the determination of whether an individual is \ndisabled within the meaning of ADA.\" Harold S. LewisJr. & \nElizabeth J. Norman, Employment Discrimination Law and \nPractice 485-86 (2001). \ndevelopmental disability. (1973) An impairment \nof general intellectual functioning or adaptive \nbehavior. \npartial disability. A worker's inability to perform all \nthe duties that he or she could do before an accident \nor illness, even though the worker can still engage \nin some gainful activity on the job. [Cases: Workers' \nCompensation (:::::>856-862.] \npermanent disability. (1804) A disability that will \nindefinitely prevent a worker from performing some \nor all of the duties that he or she could do before an \naccident or illness. [Cases: Workers' Compensation \nC=)863,864.] \nphysical disability. (1826) An incapacity caused by a \nphysical defect or infirmity, or by bodily imperfection \nor mental weakness. \ntemporary disability. (18c) A disability that exists until \nan injured worker is as far restored as the nature of \nthe injury will permit. [Cases: Workers' Compensa\ntion (:::::>863, 864.] \ntemporary total disability. Total disability that is not \npermanent. \ntotal disability. (18c) A worker's inability to perform \nemployment-related duties because of a physical or \nmental impairment. [Cases: Workers' Compensation \n(:::::>846-855.] \n3. Incapacity in the eyes of the law <most of a minor's \ndisabilities are removed when he or she turns 18>. \nAlso termed incapacity. \ncanonical disability. A canonical impediment (usu. \nimpotence). See canonical impediment under IMPEDI\nMENT. \ncivil disability. (18c) The condition of a person who \nhas had a legal right or privilege revoked as a result \nofa criminal conviction, as when a person's driver's \nlicense is revoked after a DWI conviction. Cf. civil \ndeath (2) under DEATH. \n\n529 \ndisability benefits. See DISABILITY COMPENSATION. \ndisability clause. Insurance. A life-insurance-policy pro\nvision providing for a waiver of premiums during the \npolicyholder's period ofdisability, and sometimes pro\nviding for monthly payments equal to a percentage of \nthe policy's face value. [Cases: Insurance C=>2035.] \ndisability compensation. Payments from public or \nprivate funds to a disabled person who cannot work, \nsuch as social-security or workers'-compensation \nbenefits. -Also termed disability benefits. [Cases: \nSocial Security and Public Welfare C=> 140.5-140.85; \nWorkers' Compensation ~'-:)836-902.] \ndisability insurance. See INSURANCE. \ndisability retirement plan. See EMPLOYEE BENEFIT \nPLAN. \ndisable, vb. 1. To deprive (someone or something) of \nthe ability to function; to weaken the capability of \n(someone or something). 2. To impair; to diminish. 3. \nTo legally disqualify (someone); to render (someone) \nlegally incapable. \ndisabled person. See PERSON (1). \ndisablement, rl. (15c) 1. The act of incapacitating or \nimmobilizing. 2. The imposition of a legal disability. \ndisabling restraints. (1963) Limits on the alienation \nof property. -These restraints are sometimes void as \nbeing against public policy. [Cases: Perpetuities \n6(1).] \ndisabling statute. See STATUTE. \ndisadvocare (dis-ad-v;:;-kair-ee), vb. [Law LatinJ To deny; \nto disavow. \ndisaffirm (dis-<l-brm), vb. (16c) 1. To repudiate; to \nrevoke consent; to disclaim the intent to be bound by an \nearlier transaction. 2. To declare (a voidable contract) \nto be void. \n. disaffirmance (dis-;:;-f;um-;:;nts). 1. An act of denial; a \nrepudiation, as of an earlier transaction. [Cases: Con\ntracts C::>272.] 2. A declaration that a voidable contract \n(such as one entered into by a minor) is void. Also \ntermed disaffirmation. [Cases: Infants \n\"Disaffirmance is an operative act whereby the legal rela \ntions created by an infant's contract are terminated and \ndischarged and other !egal relations substituted. Inasmuch \nas the infant's executory promise does not operate to \ncreate any legal duty in him (the infant being at all times \nat liberty or privileged not to perform). his disaffirmance \nis not the discharge of such a duty. A return promise by an \nadult, however, creates a legal duty and the infant has a \ncorrelative right in personam. A disaffirmance terminates \nthese.\" William R. Anson, Principles of the Law ofContract \n181 (Arthur L. Corbin ed., 3d Am. ed. 1919). \ndisafforest (dis-<l-for-ast or -fahr-ast), vb. [fr. French \ndesaforester] Hist. To free lands from the restrictions of \nthe forest laws and retu rn them to the status ofordinary \nlands. -Also termed deafforest. \ndisagreement. 1. A difference ofopinion; a lack ofagree\nment. 2. A quarrel. 3. An annulment; a refusal to accept \nsomething, such as an interest in an estate. disbarment \ndisallow, vb. (14c) 1. To refuse to allow (something). 2. \nTo reject (something). \ndisalt (dis-awlt), vb. Hist. To disable (a person). \ndisappeared person. (1944) 1. A person who has been \nabsent from home for a specified number ofcontinuous \nyears (often five or seven) and who, during that period, \nhas not communicated with the person most likely \nto know his or her whereabouts. See SEVEN-YEARS'\nABSENCE RULE; MISSING PERSON. [Cases: Absentees \n2.] 2. Human-rights law. A person who has been \nillegally detained or kidnapped, often by governmental \nauthorities or soldiers, and whose current whereabouts \nand condition are unknown and undiscoverable. \ndisappearing quorum. See QUORUM. \ndisappropriation. 1. Eccles. law. The alienation ofchurch \nproperty from its original use; the severance of property \nfrom church ownership or possession. 2. The release of \nproperty from individual ownership or possession. \ndisapprove, vb. 1. To pass unfavorable judgment on \n(something). 2. To decline to sanction (something). \ndisarmament. Int'llaw. The negotiated or voluntary \nreduction of military arms, esp. nuclear weapons, to a \ngreatly reduced level or to nil. Cf. ARMS CONTROL. \ndisaster. A calamity; a catastrophic emergency. \ndisaster area. (1953) A region officially declared to have \nsuffered a catastrophic emergency, such as a flood or \nhurricane, and therefore eligible for government aid. \n[Cases: United States C=>82(5).] \ndisaster loss. See LOSS. \nDisaster Relief Act. A federal statute that provides a \nmeans by which the federal government can help state \nand local governments to relieve suffering and damage \nresulting from disasters such as hurricanes, tornadoes, \nfloods, earthquakes, volcanic eruptions, landslides, \nmudslides, drought, fire, and exploSions. - A 1974 \namendment established a process for the President to \ndeclare affected communities disaster areas. [Cases: \nUnited States C=>82(5).] \ndisavow (dis-;J-vow), vb. To disown; to disclaim knowl\nedge of; to repudiate <the company disavowed the acts \nof its agent>. disavowal, n. \ndisbarment, rl. (1862) The action of expelling a lawyer \nfrom the bar or from the practice of law, usu. because \nof some disciplinary violation. -One who has passed \nthe bar, been called to the bar, or been admitted to the \nbar is privileged to stand inside the wooden barrier that \nseparates the gallery from the actual courtroom, par\nticularly the judge's bench, and conduct business with \nthe court. So this term literally describes the loss ofthe \nprivilege. Although disbarment is typically a perma\nnent removal from the practice oflaw, in some jurisdic\ntions a disbarred attorney may (after a certain period) \npetition for readmission. In England and Wales, only \na barrister is disbarred; a solicitor is struck off the roll, \nso the expulsion of a solicitor is termed striking off the \nroll. See STRUCK OFF. [Cases: Attorney and Client C=> \n59.14.] -disbar, vb. \n\ndisbocatio (dis-bd-kay-shee-oh), n. [fro Law Latin dis\n+ boscus \"wood\"] Rist. The conversion of forest to \npasture. \ndisbursement (dis-bJrs-m,mt), n. The act of paying out \nmoney, commonly from a fund or in settlement of a \ndebt or account payable <dividend disbursement>. \ndisburse, vb. \nDISC. abbr. DOMESTIC INTERNATIONAL SALES CORPO\nRATION. \ndiscarcare (dis-kahr-kair-ee), vb. [fro Latin dis-+ carcare \n\"to charge\"] Rist. To unload (cargo), uSU. from a ship. \nAlso ten:ned discargare. \ndisceptatio causae (di-sep-tay-shee-oh kaw-zee). [Latin \n\"debate about a case\"] Roman law. The argument by the \nadvocates ofboth sides of a dispute. \n"}
{"text": "Latin \n\"debate about a case\"] Roman law. The argument by the \nadvocates ofboth sides of a dispute. \ndischarge (dis-chahrj), n. (I5c) 1. Any method by which \na legal duty is extinguished; esp., the payment of a \ndebt or satisfaction ofsome other obligation. 2. Bank\nruptcy. The release of a debtor from monetary obliga\ntions upon adjudication ofbankruptcy; DISCHARGE IN \nBANKRUPTCY. Cf. RELEASE (1). [Cases: BankruptcyC=> \n3251.] 3. The dismissal of a case. 4. The canceling or \nvacating of a court order. 5. The release of a prisoner \nfrom confinement. \nunconditional discharge. (I8c) 1. A release from an \nobligation without any conditions attached. 2. A \nrelease from confinement without any parole require\nments to fulfill. \n6. The relieving ofa witness, juror. or jury from further \nresponsibilities in a case. 7. The firing of an employee. \n[Cases: Labor and Employment C=>825.) \nconstructive discharge. (1830) A termination of \nemployment brought about by making the employee's \nworking conditions so intolerable that the employee \nfeels compelled to leave. [Cases: Civil Rights C=>1123; \n[Cases: Labor and Employment C=>825.) \n\"Most constructive discharges fall into one of two basic \nfact patterns. First, the employer can cause a constructive \ndischarge by breaching the employee's contract of employ \nment in some manner short of termination. Second, the \nemployer can make working conditions so intolerable that \nthe employee feels compelled to qUit.\" Mark A. Rothstein \net aI., Employment Law  9.7, at 539 (1994). \nretaliatory discharge. (1967) A discharge that is made \nin retaliation for the employee's conduct (such as \nreporting unlawful activity by the employer to the \ngovernment) and that clearly violates public policy. \n Federal and state statutes may entitle an employee \nwho is dismissed by retaliatory discharge to recover \ndamages. [Cases: Civil Rights C=> 1247,1249(2); Labor \nand Employment C=>771.) \nwrongful discharge. (1825) A discharge for reasons that \nare illegal or that violate public policy. [Cases: Civil \nRights C=> 1122; Labor and Employment \n8. The dismissal of a member of the armed services \nfrom military service <the sergeant was honorably dis-\nc.harged>. [Cases: Armed Services 22.] administrative discharge. A military-service discharge \ngiven by administrative means and not by court-mar\ntial. \nbad-conduct discharge. A punitive discharge that a \ncourt-martial can give a member ofthe military, usu. \nas punishment for repeated minor offenses. -Abbr. \nBCD. \ndishonorable discharge. The most severe punitive dis\ncharge that a court-martial can give to a member of \nthe military . A dishonorable discharge may result \nfrom conviction for an offense recognized in civilian \nlaw as a felony or ofa military offense requiring severe \npunishment. Only a general court-martial can give a \ndishonorable discharge. \ngeneral discharge. One of the administrative dis\ncharges given to a member of the military who does \nnot qualify for an honorable discharge. \nhonorable discharge. A formal final judgment passed \nby the government on a soldier's entire military \nrecord, and an authoritative declaration that he or \nshe has left the service in a status of honor. Full \nveterans' benefits are given only to a person honor\nably discharged. \nundesirable discharge. One of the administrative dis\ncharges given to a member of the military who does \nnot qualify for an honorable discharge. \n9. Parliamentary law. A motion by which a delibera\ntive assembly, having referred a matter to a commit\ntee, takes the matter's further consideration out ofthe \ncommittee and back into its own hands. Also termed \ndischarge a committee; withdrawal. -discharge (dis\nchahrj), vb. \ndischargeability proceeding. Bankruptcy. A hearing to \ndetermine whether a debt is dischargeable or is subject \nto an exception to discharge. 11 USCA  523. [Cases: \nBankruptcy C=>3395.) \ndischargeable claim. Bankruptcy. A claim that can be \ndischarged in bankruptcy. [Cases: Bankruptcy \n3341-3378.] \ndischarged contract. See void contract (2) under \nCONTRACT. \ndischarge hearing. Bankruptcy. A hearing at which the \ncourt informs the debtor either that a discharge has \nbeen granted or the reasons why a discharge has not \nbeen granted. See REAFFIRMATION HEARING. [Cases: \nBankruptcy (;--::>3318.1.] \ndischarge in bankruptcy. (1820) 1. The release ofa debtor \nfrom personal liability for pre bankruptcy debts; specif., \ndischarge under the United States Bankruptcy Code. \n[Cases: BankruptcyC=>3251.]2. A bankruptcy court's \ndecree releasing a debtor from that liability. \ndischarging bond. See BOND (2). \ndisciplinary proceeding. (1900) An action brought to \nreprimand, suspend, or expel a licensed professional or \nother person from a profession or other group because \nof unprofessional, unethical, improper, or illegal \nconduct.  A disciplinary proceeding against a lawyer \n\nmay result in the lawyer's being suspended or disbarred \nfrom practice. [Cases: Licenses C=>38.] \ndisciplinary rule. (often cap.) (1890) A mandatory \nregulation stating the minimum level of profeSSional \nconduct that a professional must sustain to avoid being \nsubject to diSciplinary action. -For lawyers, the dis\nCiplinary rules are found chietly in the Model Code of \nProfessional Responsibility. -Abbr. DR. Cf. ETHICAL \nCONSIDERATION. [Cases: Licenses \ndiscipline, n. 1. Punishment intended to correct or \ninstruct; esp., a sanction or penalty imposed after an \nofficial finding ofmisconduct. [Cases: Licenses C=>38.] \n2. The punishment or penalties (often termed \"sanc\ntions\") imposed by a disciplining agency on an attorney \nwho has breached a rule of professional ethics. _ Three \ntypes of discipline are common: disbarment, suspen\nsion, and reprimand (public or private). 3. Control \ngained by enforcing compliance or order. 4. Military \nlaw. A state of mind inducing instant obedience to a \nlawful order, no matter how unpleasant or dangerous \nsuch compliance might be. -discipline, vb. -disci\nplinary, adj. \ndisclaimer, n. (15c) 1. A renunciation ofone's legal right \nor claim; esp., a renunciation of a patent claim, usu. \nto save the remainder of the application from being \nrejected. 2. A repudiation of another's legal right or \nclaim. 3. A writing that contains such a renunciation or \nrepudiation. 4. RENUNCIATION (2). -disclaim, vb. \ndisclaimer ofwarranty. (1881) An oral or written state\nment intended to limit a seller's liability for defects \nin the goods sold. _ In some circumstances, printed \nwords must be specific and conspicuous to be effec\ntive. [Cases: Sales C=>267.] \npatent disclaimer. See statutory disclaimer. \nqualified disclaimer. (1889) 1. A disclaimer with a \nrestriction or condition attached. -In this sense it \nis qualified because it carries the restriction or con\ndition. 2. A person's refusal to accept an interest in \nproperty so that he or she can avoid haVing to pay \nestate or gift taxes. -To be effective under federal \ntax law, the refusal must be in writing and must be \nexecuted no later than nine months from the time \nwhen the interest was created. In this sense, it is quali\nfied in the sense of being within the lawful exemption. \nIRC (26 USCA)  2518. [Cases: Internal Revenue (::::) \n4177.20,4205.10; Taxation ~=:)3319.J \nstatutory disclaimer. Patents. A patent applicant's \namendment of a specification to relinquish one or \nmore claims to the invention. 35 USCA  253. \nBefore the statute was enacted, a Single invalid claim \nwas grounds for denying a patent. Also termed \npatent disclaimer. See SPECIFICATION (3). [Cases: \nPatents (::: 149, 154.] \nterminal disclaimer. A patent applicant's statement \nshortening the term of the patent. -To revive an \nabandoned application for a design application or for \na utility or plant application filed before June 8, 1995, \nthe applicant must disclaim a period equal to the duration ofabandonment. A terminal disclaimer may \nalso be required in an application for an obvious vari\nation on an existing patent with a common inventor \nor owner: to avoid a double-patenting rejection the \ninventor agrees that both patents will expire on the \nsame day. 37 CFR 1.321. [Cases: Patents C=> 131.] \ndisclosed principaJ. See PRINCIPAL (1). \ndisclosure, n. (16c) 1. The act or process of making \nknown something that was previously unknown; a \nrevelation of facts <a lawyer's disclosure of a contlict \nof interest>. See DISCOVERY. \ndefensive disclosure. See DEFENSIVE DISCLOSURE. \nfull disclosure. A complete revelation of all material \nfacts. \npublic disclosure ofprivatefacts. (1964) The public \nrevelation of some aspect of a person's private life \nwithout a legitimate public purpose. -The disclosure \nis actionable in tort if the disclosure would be highly \nobjectionable to a reasonable person. See INVASION \nOF PRIVACY. [Cases: TortsC:::>350.J \nvoluntary disclosure ofoffense. A person's uncoerced \nadmission to an undiscovered crime. -Under the \nfederal sentencing gUidelines, a lighter sentence may \nbe allowed. See USSG 5K2.16. [Cases: Sentencing and \nPunishment C=>861.] \n2. The mandatory divulging ofinformation to a litiga\ntion opponent according to procedural rules. Also \ntermed compulsory disclosure; automatic disclosure. \nSee DISCOVERY (2). [Cases: Federal Civil Procedure \n':8::::>1261; Pretrial Procedure C=> 11.] disclose, vb. \ndisclosural, ad). \n\"Rule 26(a) [of the Federal Rules ofCivil Procedure] reflects \na shift away from the traditional method of obtaining dis\ncovery through the service of written demands toward \nrequiring automatic disclosure by the parties of informa\ntion that would invariably be requested. The goal of auto\nmatic disclosure is the creation of a more efficient and \nexpeditious discovery process .... Rule 26(a)(1) provides \nfor the initial disclosure of specified information relating \nto witnesses, documents, and insurance agreements. \nRule 26(a)(2) provides for the disclosure of information \nregarding experts who may be used at trial. Rule 26(a)(3) \nprovides for specified pretrial disclosures regarding wit\nnesses, evidence, and objections.\" Jay E. Grenig &Jeffrey S. \nKinsler, Handbook ofFederal Civil Discovery and Disclosure \n 1.15, at 65-66 (2d ed. 2002). \naccelerated disclosure. See accelerated discovery under \nDISCOVERY. \ninitial disclosure. Civil procedure. In federal practice, \nthe requirement that parties make available to each \nother the follOWing information without first receiv\ning a discovery request: (1) the names, addresses, and \ntelephone numbers ofpersons likely to have relevant, \ndiscoverable information, (2) a copy or description \nof all relevant documents, data compilations, and \ntangible items in the party's possession, custody, \nor control, (3) a damages computation, and (4) any \nrelevant insurance agreements. Fed. R. Civ. P. 26(a) \n(l)(A)-(D). [Cases: Federal Civil Procedure (;:::> 1261, \n1272.] \n\n532 Disclosure Document Program \n3. Patents. A document explaining how an invention \nworks in sufficient detail for one skilled in the art to \nbe able to understand and duplicate the invention; \neverything revealed about an invention in the patent \napplication, including drawings, descriptions, specifi\ncations, references to prior art, and claims. An inven\ntion disclosure statement is sometimes attested by a \nknowledgeable witness, who signs and dates the dis\nclosure document to establish the inventor's identity \nand the date of the invention before the patent appli\ncation is prepared. An inventor can file a disclosure \ndocument with the U.S. Patent and Trademark Office \nbefore submitting a patent application, but the docu\nment's date has no relationship to the later application's \neffective filing date. See ENABLEMENT REQUIREMENT. \nCf. ENABLING SOURCE; DEFENSIVE DISCLOSURE. [Cases: \nPatents ~99.]4. Patents. PUBLICATION (1). \nDisdosure Document Program. Patents. A C.S. Patent \nand Trademark Office program allowing an inventor \nto file a preliminary description ofan invention and \nestablish its date of conception before applying for a \npatent.  The document can help establish a date of \ninventive effort for use in a later interference. Abbr. \nDDP. Cf. PROVISIONAL PATENT APPLICATION. lCases: \nPatents \ndiscommon (dis-kom-;m), vb. 1. To deprive ofthe right \nofcommon (e.g., the right to pasture). 2. To deprive \n(something, esp. land) ofcommonable character. A \nperson could discommon land by separating or enclos\ning it. 3. To deprive (someone) of the privileges ofa \nplace, such as the right to use common land or to enjoy \na church fellowship. \ndisconformity. See NEW MATTER. \ndiscontinuance (dis-k;}n-tin-yoo-;mts), n. (1"}
{"text": "See NEW MATTER. \ndiscontinuance (dis-k;}n-tin-yoo-;mts), n. (14c) 1. The \ntermination of a lawsuit by the plaintiff; a voluntary \ndismissal or nonsuit. See DISMISSAL; NONSUIT (1); \njudgment ofdiscontinuance under rUDGMENT. [Cases: \nFederal Civil Procedure 1691; Pretrial Procedure \n(;:::)501.] 2. 'Ihe termination ofan estate-tail by a tenant \nin tail who conveys a larger estate in the land than is \nlegally allowed. [Cases: Estates in Property ~12.] \n\"Such is ... the injury of discontinuance; which happens \nwhen he who hath an estate-tail, maketh a larger estate \nof the land than by law he is entitled to do: in which case \nthe estate is good, so far as his power extends who made \nit. but no farther. As if tenant in tail makes a feoffment in \nfeesimple, or for the life of the feoffee, or in tail; all which \nare beyond his power to make, for that by the common \nlaw extends no farther than to make a lease for his own \nlife: the entry of the feoffee is lawful during the life of the \nfeoffer; but if he retains the possession after the death of \nthe feoffor, it is an injury, which is termed a discontinuance; \nthe ancient legal estate, which ought to have survived to \nthe heir in tail, being gone, or at least suspended, and for \na while discontinued.\" 3 William Blackstone, Commentaries \non the Laws ofEngland 171-72 (1768). \ndiscontinuee, 11. A person whose acquisition of an \nentailed estate causes a discontinuance of the fee tail \nheirs' right to the estate. Cf. DISCONTINUOR. \ndiscontinuing easement. See discontinuous easement \nunder EASEMENT. discontinuor, n. A tenant in tail whose conveyance of \nthe entailed estate causes a discontinuance. Cf. DIS\nCONTINUEE. \ndiscontinuous easement. See EASEME~-n. \ndiscontinuous servitude. See discontinuous easement \nunder EASEMENT. \ndisconvenable (dis-k<}n-vee-n;}-b<}!), adj. [Law French] \nArchaic. Unfit; improper. \ndiscount, 11. (l7c) 1. A reduction from the full amount or \nvalue ofsomething, esp. a price. 2. An advance deduc\ntion ofinterest when a person lends money on a note, \nbill ofexchange, or other commercial paper, result-\nin its present value. See PRESENT VALUE. 3. The \namount by which a security's market value is below its \nface value. Also termed bond discou n t. Cf. PREMIGM \n(3). -discount, vb. \nbulk discount. See volume discount. \ncash discount. (1889) 1. A seller's price reduction in \nexchange for an immediate cash payment. 2. A reduc\ntion from the stated price ifthe bill is paid on or before \na specified date. \nfunctional discount. 1. A supplier's price discount \ngiven to a purchaser based on the purchaser's role \n(such as warehOUSing or advertising) in the suppli\ner's distributive system . This type ofdiscount typi\ncally reflects the value ofservices performed by the \npurchaser for the supplier. Ifa functional discount \nconstitutes a reasonable reimbursement for the pur\nchaser's actual marketing functions, it does not con\nstitute unlawful price discrimination and does not \nviolate antitrust laws. 2. A supplier's price discount \nbased on the purchaser's relative distance from the \nsupplier in the chain ofdistribution . For example, \na wholesaler or distributor usu. receives a greater \ndiscount than a retailer. \nquantity discount. See volume discount. \ntrade discount. (1889) 1. A discount from list price \noffered to all customers ofa given type -for example, \na discount offered by a lumber dealer to building con\ntractors. 2. The difference between a seller's list price \nand the price at which the dealer actually sells goods \nto the trade. \nvolume discount. (1939) A price decrease based on \na large-quantity purchase. -Also termed bulk \ndiscount; quantity discount. \ndiscount bond. See BOND (3). \ndiscount broker. See BROKER. \ndiscounted cash flow. See CASH FLOW. \ndiscounted-cash-flow method. See discounted cash flow \nunder CASH FLOW. \ndiscount interest. See INTEREST (3). \ndiscount loan. See LOAN. \ndiscount market. See MARKET. \ndiscount rate. See INTEREST RATE. \ndiscount share. See discount stock under STOCK. \n\n533 \ndiscouut stock. See STOCK. \ndiscount yield. See YIELD. \ndiscoverable, adj. Subject to pretrial discovery <the \ndefendant's attorney argued that the defendant's \nincome-tax returns were not discoverable during the \nliability phase of the trial>. [Cases: Federal Civil Pro\ncedure (P1272; Pretrial Procedure \ndiscovered-peril doctrine. See LAST-CLEAR-CHANCE \nDOCTRINE. \ndiscoveree. A party who is required to respond to a liti\ngant's discovery request or order. Cf. DISCOVERER (1). \ndiscoverer. '1. A litigant who seeks information or materi\nals from another party by means ofa discovery request. \n-Also termed discovering party. Cf. DISCOVEREE. 2. \nPatent law. See INVENTOR. See 35 USCA  101. [Cases: \nPatents (P1.] \ndiscovering party. See DISCOVERER (1). \ndiscovert (dis-k3v-drt), adj. 1. Archaic. Uncovered; \nexposed. 2. Not married, esp. a widow or a woman who \nhas never married. \ndiscovery, n. (16c) 1. The act or process of finding or \nlearning something that was previously unknown \n<after making the discovery, the inventor immediately \napplied for a patent>. 2. Compulsory disclosure, at a \nparty's request, ofinformation that relates to the litiga\ntion <the plaintiff filed a motion to compel discovery>. \nSee Fed. R. Civ. P. 26-37; Fed. R. Crim. P. 16. The \nprimary discovery devices are interrogatories, deposi\ntions, requests for admissions, and requests for produc\ntion. Although discovery typically comes from parties, \ncourts also allow limited discovery from nonparties. \nrCases: Pederal Civil Procedure (P1261; Pretrial Pro\ncedure (P11.] 3. The facts or documents disclosed <the \nnew associate spent all her time reviewing discovery>. \n4. The pretrial phase ofa lawsuit during which deposi\ntions, interrogatories, and other forms ofdiscovery are \nconducted. -discover, vb. discoverable, adj. \n\"Discovery has broad scope. According to Federal Rule 26, \nwhich is the model in modern procedural codes, inquiry \nmay be made into 'any matter, not privileged, that is \nrelevant to the subject matter ofthe action.' Thus, discov \nery may be had of facts incidentally relevant to the issues \nin the pleadings even if the facts do not directly prove or \ndisprove the facts in question.\" Geoffrey C. Hazard Jr. & \nMichele Taruffo, American Civil Procedure: An Introduction \n115 (1993). \naccelerated discovery. A party's production ofrelevant \nevidence to an opponent at a time earlier than would \notherwise be required by rule or standing order of \nthe court.  The accelerated discovery is usu. carried \nout in compliance with a specific court order or the \nparties' agreement. -Also termed accelerated disclo\nsure. [Cases: Pretrial Procedure (P25.] \njurisdictional discovery. Discovery that is limited to \nfinding facts relevant to whether the court has juris\ndiction. A court may allow limited jurisdictional \ndiscovery before it rules on a motion to dismiss for \nlack of jurisdiction. [Cases: Federal Civil Procedure \n(P1269.1; Pretrial Procedure (P24.] discovery rule \nmerits discovery. Discovery to uncover facts that \nsupport the claim or defense, or that might lead to \nother facts that will support the allegations ofa legal \nproceeding. \npostjudgment discovery. (1967) Discovery conducted \nafter judgment has been rendered, usu. to determine \nthe nature ofthe judgment debtor's assets or to obtain \ntestimony for use in future proceedings. Also \ntermed posttrial discovery. [Cases: Execution \n373-400; Federal Civil Procedure \npretrial discovery. (1939) Discovery conducted before \ntrial to reveal facts and develop evidence . Modern \nprocedural rules have broadened the scope ofpretrial \ndiscovery to prevent the parties from surprising each \nother with evidence at trial. [Cases: Federal Civil Pro\ncedure (P1261; Pretrial Procedure (P11.] \nreciprocal discovery. See reverse Jencks material under \nfENCKS MATERIAL. \nreverse discovery. See reverse Jencks material under \nfENCKS MATERIAL. \ndiscovery abuse. (1975) 1. The misuse of the discovery \nprocess, esp. by making overbroad requests for infor\nmation that is unnecessary or beyond the scope ofper\nmissible disclosure or by conducting discovery for an \nimproper purpose. [Cases: Federal Civil Procedure (P \n1278; Pretrial Procedure G-'-:::>28.] \n\"The term 'discovery abuse' has been used as if it were \na single concept, but it includes several different things. \nThus, it is useful to subdivide 'abuse' into 'misuse' and \n'overuse: What is referred to as 'misuse' would include not \nonly direct violation of the rules, as by failing to respond \nto a discovery request within the stated time limit, but also \nmore subtle attempts to harass or obstruct an opponent, \nas by giving obviously inadequate answers or by requesting \ninformation that clearly is outside the scope of discovery. \nBy 'overuse' is meant asking for more discovery than is \nnecessary or appropriate to the particular case. 'Overuse,' \nin turn, can be subdivided into problems of 'depth' and of \n'breadth,' with 'depth' referring to discovery that may be \nrelevant but is simply excessive and 'breadth' referring to \ndiscovery requests that go into matters too far removed \nfrom the case.\" Charles Alan Wright, The Law of Federal \nCourts  81, at 580 (5th ed. 1994). \n2. The failure to respond adequately to proper discov\nery requests. -Also termed abuse ofdiscovery. [Cases: \nFederal Civil Procedure Pretrial Procedure \n(P44.1.] \ndiscovery immunity. (1975) An exemption provided by \nstatute, caselaw, or court rules to exclude certain docu\nments and information from being disclosed during \ndiscovery. \ndiscovery policy. See claims-made policy under INSUR\nANCE POLICY. \ndiscovery rule. (1916) Civil procedure. The rule that a \nlimitations period does not begin to run until the plain\ntiff discovers (or reasonably should have discovered) \nthe injury giving rise to the claim . The discovery rule \nusu. applies to injuries that are inherently difficult to \ndetect, such as those resulting from medical malprac\ntice. See STATUTE OF LIMITATIONS. Cf. OCCURRENCE \nRULE. [Cases: Limitation ofActions (P,95, 100.] \n\n534 discovery vein \ndiscovery vein. See VEIN. \ndiscredit, vb. To destroy or impair the credibility of \n(a witness, a piece of evidence, or a theory); to lessen \nthe degree of trust to be accorded to (a witness or \ndocument). [Cases: Witnesses (::::>330.] -discredit, \nn. \ndiscreet (di-skreet), adj. Exercising discretion; prudent; \njudicious; discerning. \ndiscrete (di-skreet), adj. Individual; separate; distinct. \ndiscretion (di-skresh-;m). (14c) 1. Wise conduct and \nmanagement; cautious discernment; prudence. 2. Indi\nvidual judgment; the power offree decision-making. \nsole discretion. An individual's power to make deci\nsions without anyone else's advice or consent. \n3. Criminal & tort law. The capacity to distinguish \nbetween right and wrong, sufficient to make a person \nresponsible for his or her own actions. [Cases: Criminal \nLaw (::::>46.]4. A public official's power or right to act in \ncertain circumstances according to personal judgment \nand conscience, often in an official or representative \ncapacity. -Also termed discretionary power. \nadministrative discretion. A public official's or agency's \npower to exercise judgment in the discharge of its \nduties. [Cases: Administrative Law and Procedure \n(::::>324,754.] \njudicial discretion. (17c) The exercise ofjudgment by a \njudge or court based on what is fair under the circum\nstances and guided by the rules and principles oflaw; \na court's power to act or not act when a litigant is not \nentitled to demand the act as a matter ofright. -Also \ntermed legal discretion. [Cases: Courts (::::>26.] \nprosecutorial discretion. (1966) A prosecutor's power \nto choose from the options available in a criminal \ncase, such as filing charges, prosecuting, not prosecut\ning, plea-bargaining, and recommending a sentence \nto the court. [Cases: Criminal Law (::::>29(3); District \nand Prosecuting Attorneys (::::>8.] \ndiscretion, abuse of. See ABUSE OF DISCRETION. \ndiscretionary (di-skresh-<'l-ner-ee), adj. (18c) (Of an \nact or duty) involving an exercise of judgment and \nchoice, not an implementation ofa hard-and-fast rule. \n Such an act by a court may be overturned only after \na showing ofabuse ofdiscretion. \ndiscretionary account. An account that allows a broker \naccess to a customer's funds to purchase and sell secu\nrities or commodities for the customer based on the \nbroker's judgment and without first having to obtain \nthe customer's consent to the purchase or sale. [Cases: \nBrokers (::::> 19.] \ndiscretionary act. A deed involving an exercise of personal \njudgment and conscience. -Also termed discret"}
{"text": "19.] \ndiscretionary act. A deed involving an exercise of personal \njudgment and conscience. -Also termed discretionary \nfunction. See DISCRETION; ABUSE OF DISCRETION. \ndiscretionary bail. See BAIL (3). \ndiscretionary commitment. See COMMITMENT. \ndiscretionary damages. See DAMAGES. discretionary duty. See DUTY (2). \ndiscretionary function. See DISCRETIONARY ACT. \ndiscretionary immunity. See IMMUNITY (1). \ndiscretionary order. See ORDER (8). \ndiscretionary power. 1. See POWER (3). 2. See DISCRE\nTION (4). \ndiscretionary review. See REVIEW. \ndiscretionary sentencing. See indeterminate sentencing \nunder SENTENCING. \ndiscretionary-transfer statute. See TRANSFER STATUTE. \ndiscretionary trust. See TRUST. \ndiscretion statement. Hist. English law. In an action for \ndivorce or judicial separation, a written request for the \ncourt to consider granting a judgment favorable to a \nspouse who has admittedly committed a matrimonial \noffense, esp. adultery. \n\"In a suit for divorce or judicial separation, the defendant's \nown adultery is a discretionary bar. The petitioner asking \nthe court to exercise its discretion to grant a decree not\nwithstanding his own adultery must lodge in the Divorce \nRegistry a statement, known as a 'discretion statement,' \ndated and signed by him or his solicitor, stating that the \ncourt will be asked to exercise its discretion on his behalf \nnotwithstanding his own adultery, and setting forth par\nticulars of his acts of adultery and of the facts which is it \nmaterial for the court to know for the purpose of exercising \nits discretion.\" N. Simon Tessy, Is a Discretion Statement \nReally Necessary?, 21 Mod. L. Rev. 48, 48 (1958). \ndiscriminant function (di-skrim-<'l-n<'lnt). An IRS \nmethod of selecting tax returns to be audited. The \nmethod consists of (1) using a computer program to \nidentify returns with a high probability oferror (such as \nthose showing a disproportionate amount ofdeductible \nexpenses), and (2) having examiners manually review \nthe selected returns to determine which ones should be \naudited. -Also termed DIP system. [Cases: Internal \nRevenue (::::>4443.] \ndiscriminatee (di-skrim-<'J-m-tee). A person unlawfully \ndiscriminated against. [Cases: Civil Rights (::::> 1007.] \ndiscrimination, n. (1866) 1. The effect ofa law or estab\nlished practice that confers privileges on a certain class \nor that denies privileges to a certain class because of \nrace, age, sex, nationality, religion, or disability. \nFederal law, including Title VII ofthe Civil Rights Act, \nprohibits employment discrimination based on anyone \nofthose characteristics. Other federal statutes, supple\nmented by court decisions, prohibit discrimination in \nvoting rights, housing, credit extension, public educa\ntion, and access to public facilities. State laws provide \nfurther protections against discrimination. [Cases: \nCivil Rights (::::> 1001-1263.] 2. Differential treatment; \nesp., a failure to treat all persons equally when no rea\nsonable distinction can be found between those favored \nand those not favored. [Cases: Civil Rights 1033, \n1138.] \n'The dictionary sense of 'discrimination' is neutral while the \ncurrent political use of the term is frequently non-neutral, \npejorative. With both a neutral and a non-neutral use of \nthe word having currency, the opportunity for confusion \nin arguments about racial discrimination is enormously \n\n535 \nmultiplied. For some, it may be enough that a practice is \ncalled discriminatory for them to judge it wrong. Others \nmay be mystified that the first group condemns the \npractice Without further argument or inquiry. Many may \nbe led to the false sense that they have actually made a \nmoral argument by showing that the practice discriminates \n(distinguishes in favor of or against). The temptation is \nto move from 'X distinguishes in favor of or against' to 'X \ndiscriminates' to 'X is wrong' without being aware of the \nequivocation involved.\" Robert K. Fullinwider, The Reverse \nDiscrimination Controversy 11-12 (1980). \nage discrimination. Discrimination based on age. \nFederal law prohibits discrimination in employment \nagainst people who are age 40 or older. [Cases: Civil \nRights C::: 1014, 1199.] \ncontent-based discrimination. A state-imposed \nrestriction on the content of speech, esp. when the \nspeech concerns something ofslight social value and \nis vastly outweighed by the public interest in morality \nand order. Types ofspeech subject to content-based \ndiscrimination include obscenity, fighting words, and \ndefamation. R.A.v: v. City ofSt. Paul, 505 U.S. 377, \n383-84, 112 S.C!. 2538, 2543 (1992). \ngender discrimination. See sex discrimination. \ninvidious discrimination (in-vid-ee-Js). (1856) Dis\ncrimination that is offensive or objectionable, esp. \nbecause it involves prejudice or stereotyping. \nracial discrimination. Discrimination based on race. \n[Cases: Civil Rights (:::::.1009,1107.] \nreverse discrimination. (1964) Preferential treat\nment of minorities, usu. through affirmative-action \nprograms, in a way that adversely affects members of \na majority group. See AFFIRMATIVE ACTION. [Cases: \nCivil Rights C::>1033(3), 1232.] \nsex discrimination. Discrimination based on gender, \nesp. against women . The Supreme Court has estab\nlished an intermediate-scrutiny standard of review \nfor gender-based classifications, which must serve an \nimportant governmental interest and be substantially \nrelated to the achievement of that objective. Craig \nv. Boren, 429 U.S. 190,97 S.Ct. 451 (1976). Also \ntermed gender discrimination. [Cases: Civil Rights \n(';=;> 1011, 1164, 1236.J \nviewpoint discrimination. Content-based discrimina\ntion in which the government targets not a particular \nsubject, but instead certain views that speakers might \nexpress on the subject; discrimination based on the \ncontent ofa communication . Ifrestrictions on the \ncontent ofspeech are reasonable and not calculated to \nsuppress a particular set ofviews or ideas, a govern\nmental body may limit speech in a nonpublic forum to \nexpressions that serve a specific purpose. For example, \nan agency holding a workshop to inform state employ\nees oflaws related to the agency's functions may rea\nsonably prohibit the expression ofopinions regarding \nthe motives of the legislators. But if speech favorable \nto the legislators' intent is allowed and opponents \nare denied the opportunity to respond, the restric\ntion would constitute viewpoint discrimination. disentailment \nAlso termed viewpoint-based discrimination. [Cases: \nConstitutional Law (';=;> 1507, 1516.J \n3. The effect ofstate laws that favor local interests over \nout-of-state interests . Such a discriminatory state law \nmay still be upheld ifit is narrowly tailored to achieve \nan important state interest. Cf. FAVORITISM. [Cases: \nCommerce -discriminate, vb. discrim\ninatory, adj. \ndiscriminatory tariff. See TARIFF (2). \ni discussion. 1. The act ofexchanging views on something; \na debate. 2. Civil law. A creditor's act of exhausting all \nremedies against the principal debtor before proceed\ning with a lawsuit against the guarantor. See BENEFIT \nOF DISCUSSION. [Cases: Guaranty (:::::42, 77; Principal \nand Surety 168.] \ndisease. 1. A deviation from the healthy and normal \nfunctioning ofthe body <the drug could not be linked \nto his disease>. 2. (pi.) Special classes of pathological \nconditions with similar traits, such as having similar \ncauses and affecting similar organs <respiratory \ndiseases> <occupational diseases>. 3. Any disorder; \nany depraved condition. \nfunctional disease. A disease that prevents, obstructs, \nor interferes with an organ's special function, without \nanatomical defect or abnormality in the organ itself. \nindustrial disease. See OCCUPATIONAL DISEASE. \noccupational disease. See OCCUPATIONAL DISEASE. \norganic disease. A disease that is caused by an injury \nto, or lesion or malfunction in, an organ. \ndisembarrass, vb. To free from embarrassment; to extri\ncate or disentangle one thing from another. \ndisembodied technology. Intellectual property. \nKnow-how or knowledge that is in the form ofinforma\ntion only . Disembodied technology includes proprie\ntary technology and information in the public domain. \nCf. EMBODIED TECHNOLOGY. \ndisenfranchise (dis-Jn-fran-chIz), vb. (l7c) To deprive (a \nperson) ofthe right to exercise a franchise or privilege, \nesp. to vote. Also termed disfranchise. \ndisenfranchisement (dis-Jn-fran-chiz-mJnt or -fran\nchrz-mJnt). 1. The act ofdepriving a member ofa corpo\nration or other organization ofa right, as by expulsion. \n2. The act oftaking away the right to vote in public elec\ntions from a citizen or class ofcitizens. -Also termed \ndisfranchisement. [Cases: Elections (,\"':::>87.J \ndisentailing assurance. See DISENTAILMENT. \ndisentailing deed. See DEED. \ndisentailing statute (dis-Jn-tayl-ing). A statute regulat\ning or prohibiting disentailing deeds. See disentailing \ndeed under DEED. [Cases: Deeds (,\"':::> 127.] \ndisentailment (dis-olll-tayl-mJnt), n. (1886) The act or \nprocess by which a tenant in tail bars the entail on an \nestate and converts it into a fee simple, thereby nulli\nfying the rights ofany later claimant to the fee tail. \nAlso termed disentailing assurance. See BARRING OF \n\ndisentitle 536 \nENTAIL. [Cases: Deeds C-~,127(2); Estates in Property \n12.] -disentail, vb. \ndisentitle (dis-;m-tlt-<ll), vb. (I7c) To deprive (someone) \nof a title or claim <the plaintiffs' actions disentitled \nthem to recover damages>. \ndisfacere. See DIFFACERE. \ndisfigurement (dis-fig-Y<lr-m<lnt). An impairment or \ninjury to the appearance ofa person or thing. \ndisfranchise. See DISENFRANCHISE. \ndisfranchisement. See DISENFRANCHISEMENT. \ndisgavel (dis-gav-<ll), vb. Hist. To convert (gavelkind \nland) into ordinary freehold land. See GAVELKIND. \ndisgorgement, n. (ISc) The act of giving up something \n(such as profits illegally obtained) on demand or by \nlegal compulsion. [Cases: Securities Regulation C::::> \n150.] -disgorge, vb. \ndisgrading. Hist. 1. The act ofdegrading. 2. The depriv\ning ofan order; the depriving ofa dignity. \n\"Disgrading, or degrading, is when a man having taken \nupon him a dignity temporal or spiritual, is afterwards \nthereof deprived. be he knight, clerk or other. Whereof \nif a clerk be delivered to his ordinary, and cannot clear \nhimself of the offence whereof he is convicted by the jury, \nhe shall be disgraded for it: which is nothing else but the \ndeprivation of him from those orders he hath taken upon \nhim. as priesthood, deaconship, or otherWise.... In like \nmanner there is disgrading of a knight .... And it is worthy \nthe observation, that by the canon law there are two kinds \nof disgradings: the one summary, by word only, and the \nother solemn, by devesting the party disgraded from those \nornaments and rites which are the ensigns of his order or \ndegree.\" Termes de la Lev 175-76 (lst Am. ed. 1812). \ndisguised dividend. See informal dividend under \nDIVIDEND. \ndisguised installment sale. See INSTALLMENT SALE. \ndisherison (dis-her-<l-z;m). See DISINHERITANCE. \ndisheritor (dis-her-<l-t<lr or -tor). Archaic. A person who \ndeprives someone ofan inheritance. \ndishonest act. See FRAUDULENT ACT. \ndishouor, vb. (I814c) 1. To refuse to accept or pay (a \nnegotiable instrument) when presented. See NOTICE \nOF DISHONOR; WRONGFUL DISHONOR. [Cases: Banks \nand Banking 137; Bills and Notes ~~385-424.] \n2. To deface or defile (something, such as a flag). \ndishonor, n. \ndishonorable discharge. See DISCHARGE (8). \ndisimprisonment. lhe release ofa prisoner; the removal \nofa prisoner from confinement. -Also termed disin\ncarceration; decarceration. Cf. INCARCERATION. [Cases: \nPrisons \ndisincarcerate, vb. To release (a person) from jail; to set \nfree.-Also termed disimprison. \ndisincarceration. See DISIMPRISONMENT. \ndisincentive, n. (1946) A deterrent (to a particular type \nofconduct), often created, intentionally or unintention\nally, through legislation <federal tax law creates a disincentive to marriage> <sales taxes provide a disincentive \nto excessive consumer spending>. \ndisinflation. A period or process ofslowing down the \nrate ofinflation. Cf. DEFLATION. \ndisinherison ("}
{"text": "ation. A period or process ofslowing down the \nrate ofinflation. Cf. DEFLATION. \ndisinherison (dis-in-her-<l-z;m), n. See DISINHERI\nTANCE. \ndisinheritance, n. (16c) 1. The act by which an owner of \nan estate deprives a would-be heir ofthe expectancy to \ninherit the estate. - A testator may expressly exclude or \nlimit the right ofa person or a class to inherit property \nthat the person or class would have inherited through \nintestate succession, but only if the testator devises all \nthe property to another. [Cases: Descent and Distribu\ntion (~47(2); Wills 11,82.] 2. The state of being \ndisinherited. Seeforced heir under HEIR. Also termed \ndisherison; disinherison; deherison. disinherit, vb. \nnegative disinheritance. The act by which a testator \nattempts to exclude a person from inheritance without \ndisposing ofthe property to another. _ Negative dis\ninheritance is ineffective at common law, although \ntoday it may he permitted by statute. \ndisinter (dis-in-t;u), vb. 1. To exhume (a corpse). \n[Cases: Dead Bodies 2. To remove (something) \nfrom obscurity. disinterment (dis-in-t<lr-m<lnt), n. \ndisinterested, adj. (17c) Free from bias, prejudice, or par\ntiality; not having a pecuniary interest <a disinterested \nwitness>. disinterest, disinterestedness, n. \ndisinterested witness. See WITNESS. \ndisintermediation. The process of bank depositors' \nwithdrawing their funds from accounts with low \ninterest rates to put them into investments that pay \nhigher returns. \ndisinvestment, n. (1936) 1. The consumption ofcapital. \n2. The withdrawal of investments, esp. on political \ngrounds. Also termed (in sense 2) divestment. \ndisinvest, vb. \ndisjoinder (dis-joyn-d<lr). (1936) The undoing of the \njOinder ofparties or claims. See JOINDER. Cf. MISJOIN\nDER (1); NONJOINDER (1). \ndisjuncta (dis-jangk-t;:, n. pI. [Latin] Roman & civil law. \nThings (usu. words or phrases) that are separated or \nopposed. Also spelled disiuncta. Cf. CONJUNCTA. \ndisjunctim (dis-jangk-t;:>m), adv. [LatinI Roman law. Sep\narately; severally. - A condition imposed disjunctim, \nfor example, would bind the persons severally, rather \nthan jointly. Also spelled disiunctim. Cf. CONJUNC\nTIM. \ndisjunctive allegation. See ALLEGATION. \ndisjunctive condition. See CONDITION (2). \ndisjunctive denial. See DENIAL. \ndisjunctive obligation. See alternative obligation under \nOBLIGATION. \ndisme (dIm), n. [Law French] A tithe; a tenth part, as in \na tithe due the clergy equal to the tenth of all spiritual \nlivings as required by the statute 25 Edw. 3, st. 7. _ This \n\n537 \nis the Law French equivalent to the Latin decimae. It \nwas once the spelling of the American to-cent piece, \nthe dime. See DECIMAE. PI. dismes. \ndismemberment. 1. The cutting off of a limb or body \npart. 2. Int'llaw. The disappearance of a country as a \nresult ofa treaty or an annexation, whereby it becomes \npart of one or more other countries. 3. Int'llaw. The \nreduction of a country's territory by annexation or \ncession, or the secession of one part. 4. Int'llaw. 'lbe \nextinguishment of a country and the creation of two \nor more new countries from the former country's ter\nritory. \ndismembe'rments of ownership. Civil law. The three \nelements composing the right of ownership, namely \nthe usus, the fructus, and the abusus. The right of \nownership may be dismembered and its components \nconveyed in the form of independent real rights, such \nas the right of use, the right of usufruct, and the right \nofsecurity. See ABUSUS; FRUCTUS; usus. \ndismiss, vb. 1. To send (something) away; specif., to ter\nminate (an action or claim) without further hearing, \nesp. before the trial ofthe issues involved. 2. To release \nor discharge (a person) from employment. See DIS\nMISSAL. \ndismissal, n. (l885) 1. Termination ofan action or claim \nwithout further hearing, esp. before the trial of the \nissues involved. [Cases: Federal Civil Procedure \n1691-1842; Pretrial Procedure (:;:::>501-699.) \ndismissal agreed. A court's dismissal ofa lawsuit with \nthe acquiescence of all parties . Among other pos\nsibilities, the parties may have settled out ofcourt or \nchosen to have their dispute arbitrated or mediated. \nAlso termed agreed dismissal. \ndismissal for failure to prosecute. See dismissal for \nwant ofprosecution. \ndismissal for lack ofprosecution. See dismissal for want \nofprosecution. \ndismissal for want ofequity. (1859) A court's dismissal \nof a lawsuit on substantive, rather than procedural, \ngrounds, usu. because the plaintiff's allegations are \nfound to be untrue or because the plaintiff's pleading \ndoes not state an adequate claim. [Cases: Pretrial Pro\ncedure (:;:::>552,622.) \ndismissal for want ofprosecution. (1831) A court's \ndismissal of a lawsuit because the plaintiff has failed \nto pursue the case diligently toward completion. -\nAbbr. DWOP. Also termed dismissal for failure to \nprosecute: dismissal for lack ofprosecution. [Cases: \nCriminal Law (:;:::>303.30(1); Federal Civil Procedure \nPretrial Procedure (:;:::> 581-602.] \ndismissal without prejudice. (1831) A dismissal that \ndoes not bar the plaintiff from refiling the lawsuit \nwithin the applicable limitations period. See WITHOUT \nPREJUDICE. [Cases: Federal Civil Procedure G'\":;:) 1713, \n1837.1; Pretrial Procedure 690.] \ndismissal with prejudice. (1898) A dismissal, usu. after \nan adjudication on the merits, barring the plaintiff dismissed with prejudice \nfrom prosecuting any later lawsuit on the same claim. \n If, after a dismissal with prejudice, the plaintiff files \na later suit on the same claim, the defendant in the \nlater suit can assert the defense of res judicata (claim \npreclusion). See RES JUDICATA; WITH PREJUDICE. \n[Cases: Federal Civil Procedure 1713, 1837.1; \nPretrial Procedure 690.) \ninvoluntary dismissal. (1911) A court's dismissal of \na lawsuit because the plaintiff failed to prosecute or \nfailed to comply with a procedural rule or court order. \nFed. R. Civ. P. 41(b). [Cases: Federal Civil Procedure \nC::>1721-1842; Pretrial Procedure (:;:::>531-699.) \nvoluntary dismissal. (1834) A plaintiff's dismissal ofa \nlawsuit at the plaintiff's own request or by stipulation \nofall the parties. Fed. R. Civ. P. 41(a). [Cases: Federal \nCivil Procedure 1691-1715; Pretrial Procedure \n(:;:::>501-520.] \n2. A release or discharge from employment. See DIS\nCHARGE (7). [Cases: Labor and Employment (:;:::>825.] \ndismissal for cause. (1877) A dismissal of a contract \nemployee for a reason that the law or public policy \nhas recognized as sufficient to warrant the employee's \nremoval. [Cases: Labor and Employment (:;:::>762.) \n3. Military law. A court-martial punishment for an \nofficer, commissioned warrant officer, cadet, or mid\nshipman, consisting of separation from the armed \nservices with dishonor.  A dismissal can be given \nonly by a general court-martial and is considered the \nequivalent ofa dishonorable discharge. [Cases: Military \nJustice (:;:::> 1322.1.] dismiss, vb. \ndismissal compensation. See SEVERANCE PAY. \ndismissal order. See ORDER (2). \ndismissed for want of equity. (Of a case) removed \nfrom the court's docket for substantive reasons, usu. \nbecause the plaintiff's allegations are found to be \nuntrue or because the plaintiff's pleading does not \nstate an adequate claim. See dismissal for want ofequity \nunder DISMISSAL (1). [Cases: Pretrial Procedure Cr---::> \n552,622.] \ndismissed for want ofprosecution. (Of a case) removed \nfrom the court's docket because the plaintiff has failed \nto pursue the case diligently toward completion. See \ndismissal for want ofprosecution under DISMISSAL (1). \n[Cases: Federal Civil Procedure (:;:::> 1758; Pretrial Pro\ncedure (:;:::>581-602.] \ndismissed without prejudice. (Of a case) removed from \nthe court's docket in such a way that the plaintiff may \nrefile the same suit on the same claim. See dismissal \nwithout prejudice under DISMISSAL (1); WITHOUT PREj\nUDICE. [Cases: Federal Civil Procedure (:;:::>1713,1837.1; \nPretrial Procedure (:;:::>517.1, 690.) \ndismissed with prejudice. (Of a case) removed from the \ncourt's docket in such a way that the plaintiff is fore\nclosed from filing a suit again on the same claim or \nclaims. See dismissal with prejudice under DISMISSAL \n(1); WITH PREJUDICE. [Cases: Federal Civil Procedure \n(:;:::> 1713, 1837.1; Pretrial Procedure (:;:::>517.1, 690.J \n\n538 dismission \ndismission. Archaic. 1. An act ofdismissing <dismission \nof the jury>. 2. A removal, esp. from office or position \n<dismission of the employee>. 3. A decision that a suit \ncannot be maintained <dismission of the case>. \ndismortgage. See REDEMPTION (4). \nDisneyland parent. See PARENT. \ndisobedient child. See incorrigible child under CHILD. \ndisorder. (1877) 1. A lack of proper arrangement \n<disorder ofthe files>. 2. An irregularity <a disorder in \nthe proceedings>. 3. A public disturbance; a riot <civil \ndisorder>. 4. A disturbance in mental or physical health \n<an emotional disorder> <a liver disorder>. \ndisorderly conduct. See CONDUCT. \ndisorderly house. (16c) 1. A dwelling where people carry \non activities that are a nuisance to the neighborhood. \n[Cases: Disorderly House (;:::::c 1.] 2. A dwelling where \npeople conduct criminal or immoral activities. \nExamples are brothels and drug houses. -Also termed \n(more narrowly) bawdy house; house ofprostitution; \nhouse ofillfame; house ofill repute; lewd house; assig\nnation house; house ofassignation. \n\"The keeping of one type of disorderly house -the \nbawdy house -is punished because it violates the social \ninterest in maintaining proper standards of morality and \ndecency.... As included here a house may be disorderly \nfor other reasons. Any house in which disorderly persons \nare permitted to congregate, and to disturb the tranquillity \nof the neighborhood by fighting, quarreling, swearing or \nany other type of disorder, is a disorderly house; and the \nkeeping thereof is a misdemeanor at common law.\" Rollin \nM. Perkins & Ronald N. Boyce, Criminal Law 487 (3d ed. \n1982). \ndisorderly person. (18c) 1. A person guilty ofdisorderly \nconduct. [Cases: Disorderly Conduct (;:::::c 108-140.] 2. \nA person who breaches the peace, order, decency, or \nsafety ofthe public, as defined by statute . The offense \nofbeing a disorderly person is usu. a misdemeanor. \n\"Ordinarily, a person who is gUilty of disorderly conduct \nis a 'disorderly person,' but where statutes define 'a dis \norderly person' and distinguish acts which may constitute \nthe offense of disorderly conduct, the distinction is to be \npreserved and the different provisions relative to the dif\nferent offenses particularly followed.\" 27 c.J.S. Disorderly \nConduct  1 (1), at 509 (1 959). \ndisparagare (di-spar-J-gair-ee), vb. [Law Latin fr. Law \nFrench disparager \"to disparage\"] Hist. 1. To disparage. \n2. To bring together unequal persons, as in a marriage \nbetween persons of unequal lineage. Cf. PARAGE. \ndisparagatio (di-spar-J-gay-shee-oh), n. [Law Latin] \nHist. Disparagement in marriage. \ndisparagation (di-spar-J-gay-shJn), n. [Law French] Hist. \n1. Disparagement. 2. A marriage below one's station. \ndisparagement (di-spar-ij-mJnt), n. (16c) 1. A deroga\ntory comparison ofone thing with another <the dispar\nagement consisted in comparing the acknowledged liar \nto a murderer>. 2. The act or an instance ofcastigating \nor detracting from the reputation of, esp. unfairly or \nuntruthfully <when she told the press the details ofher \nhusband's philandering, her statements amounted to \ndisparagement>. 3. A false and injurious statement that discredits or"}
{"text": "'s philandering, her statements amounted to \ndisparagement>. 3. A false and injurious statement that discredits or detracts from the reputation of another's \ncharacter, property, product, or business. To recover \nin tort for disparagement, the plaintiff must prove that \nthe statement caused a third party to take some action \nresulting in specific pecuniary loss to the plaintiff. \nAlso termed injurious falsehood. -More narrowly \ntermed slander oftitle; trade libel; slander ofgoods. See \nTRADE DISPARAGEMENT. Cf. commercial defamation \nunder DEFAMATION. [Cases: Libel and Slander (;:::::c \n130, 133.] 4. Reproach, disgrace, or indignity <self\nimportance is a disparagement of greatness>. 5. Hist. \nThe act or an instance of pairing an heir in marriage \nwith someone of an inferior social rank <the guardian's \narranging for the heir's marriage to a chimney sweep \namounted to disparagement>. -disparage, vb. \ndisparaging instruction. See JURY INSTRUCTION. \ndisparaging mark. See disparaging trademark under \nTRADEMARK. \ndisparaging trademark. See TRADEMARK. \ndisparate impact (dis-pJ-rit). (1973) The adverse effect of \na facially neutral practice (esp. an employment practice) \nthat nonetheless discriminates against persons because \noftheir race, sex, national origin, age, or disability and \nthat is not justified by business necessity . Discrimina\ntory intent is irrelevant in a disparate-impact claim. \nAlso termed adverse impact. [Cases: Civil Rights (;:::::c \n1033, 1140.] \ndisparate treatment. The practice, esp. in employ\nment, ofintentionally dealing with persons differently \nbecause of their race, sex, national origin, age, or dis\nability.  To succeed on a disparate-treatment claim, \nthe plaintiff must prove that the defendant acted with \ndiscriminatory intent or motive. [Cases: Civil Rights \n(;:::::c 1033, 1138.] \n\"Claims brought on behalf of a group of employees come \nin two varieties: claims of intentional discrimination (or \ndisparate treatment) and claims of discriminatory impact \n(or disparate impact). The difference between these types \nof claims is significant, so much so that constitutional \nlaw only recognizes claims of disparate treatment, not \ndisparate impact. Yet these two kinds of claims resemble \none another, especially in the statistical evidence that the \nplaintiff must present in order to establish liability.... [C] \nlass claims of disparate treatment emphasize the historical \nperspective and its negative conception of equality as col\norblindness, while class claims of disparate impact empha\nsize the remedial perspective and its goal of eliminating \nthe effects of past discrimination.\" George Rutherglen, \nEmployment Discrimination Law 56 (2001). \ndisparity (di-spar-J-tee). (16c) Inequality; a difference in \nquantity or quality between two or more things. \ndispatch (di-spach also dis-pach), n. 1. A prompt sending \noff of something <a dispatch of the letter agreement>. \n2. A prompt completion of something <dispatch of a \nbusiness transaction>. 3. Something quickly sent <the \ndispatch was mailed>. 4. Maritime law. The required \ndiligence in discharging cargo <dispatch is required on \nall charters>. [Cases: Shipping (;:::::c47, 49(6).] \ncustomary dispatch. Dispatch that follows the rules, \ncustoms, and usages of the port where cargo is dis\ncharged. [Cases: Shipping (;:::::c47, 49(6).] \n\n539 \nquick dispatch. A speedy dispatch that does not strictly \nfollow the customs of the port, esp. to avoid delays \nresulting from a crowded wharf. [Cases: Shipping <:=> \n47,49(6).] \n5. Maritime law. DISPATCH MONEY. \ndispatch money. Maritime law. An amount paid by a \nshipowner to a vessel's charterer if the vessel's cargo is \nunloaded at the port sooner than provided for in the \nagreement between the charterer and the shipowner. \nAlso termed dispatch. Cf. contract demurrage under \nDEMURRAGE. [Cases: Shipping \\.~49(6).] \n\"Some charters contain a provision for 'dispatch money,' \nwhich is in the nature of a reward to the charterer for \nloading or unloading more rapidly than provided for \ni.e., in less time than the stipulated 'lay days.' Dispatch, \nwhere payable, is usually stated, just as is demurrage, in \nterms of a rate per day and pro rata part thereof.\" Grant \nGilmore & Charles L Black Jr., The Law ofAdmiralty  48, \nat 212 (2d ed. 1975). \ndispatch rule. See MAILBOX RULE. \ndispauper (dis-paw-par), vb. To disqualify from being \na pauper; to deprive (a person) of the ability to sue in \nforma pauperis. See IN FORMA PAUPERIS. \ndispensary (di-spen-sar-ee), n. 1. A place where drugs \nare prepared or distributed. 2. An institution, usu. for \nthe poor, where medical advice and medicines are dis\ntributed for free or at a discounted rate. \ndispensation (dis-pen-say-shan). An exemption from a \nlaw, duty, or penalty; permission to do something that \nis ordinarily forbidden. \ndispense with the reading ofthe minutes. Parliamentary \nlaw. To forgo reciting the secretary's proposed minutes \nat the regular time. -The reading is not foregone alto\ngether, but simply postponed. Ifthe proposed minutes \nhave been printed and circulated, then their correction \nand approval is in order without reading them aloud, \nand a motion to dispense with reading them is super\nfluous. \ndispersonare (dis-par-sa-nair-ee), vb. [Latin] Rist. To \nscandalize, disparage, or slander. \ndisplaced person. See PERSON (1). \ndisplaced-persons camp.lnt'l. law. In a nation in the \nthroes of war, natural disaster, ethnic cleansing, or \nsome similar extraordinary event, a temporary settle\nment where citizens who have become homeless are \ntemporarily provided with the basic necessities of life \nand given assistance in resetttling or emigrating. \ndisplacement. 1. Removal from a proper place or position \n<displacement of a file> <displacement of an officer>. \n2. A replacement; a substitution <displacement of one \nlawyer with another>. 3. A forced removal of a person \nfrom the person's home or country, esp. because of \nwar <displacement of refugees>. 4. A shifting of emo\ntional emphaSiS from one thing to another, esp. to avoid \nunpleasant or unacceptable thoughts or tendencies \n<emotional displacement>. \ndisplay right. (1944) Copyright. A copyright owner's \nexclusive right to show or exhibit a copy of the disposition \nprotected work publicly, whether directly or by tech\nnological means. -For example, this right makes it \nillegal to transmit a copyrighted work over the Internet \nwithout permission. [Cases: Copyrights and Intellec\ntual Property <:=>36.] \ndispone (dis-pohn), vb. [fr. Middle English disponen fr. \nOld French disponer \"dispose\"]l. Archaic. To dispose; \nto arrange. 2. Scots law. To convey, transfer, or other\nwise alienate (property), \ndisponee. See ALIENEE. \ndispono (dis-poh-noh), vb. [Latin] Scots law. I grant or \nconvey (land, etc.). _ This is traditionally the main verb \nin a grant. \ndisponor. See ALIENOR. \ndisposable earnings. See disposable income under \nINCOME. \ndisposable income. See INCOME. \ndisposable portion. The portion of property that can \nbe willed to anyone the testator chooses. [Cases: Wills \n<:=> 11.] \ndisposal. Patents. A patent application's termination by \nwithdrawal, rejection, or grant. -In some countries, \nthe meaning is limited to rejection. [Cases: Patents \n108.] \ndisposing capacity. See testamentary capacity under \nCAPACITY (3). \nDisposing Clause. The clause of the U.S. Constitution \ngiving Congress the power to dispose of property \nbelonging to the federal government. U.S. Const. art. \nIV,  3, d. 2. United States <:=>58.) \ndisposing mind. See testamentary capaCity under \nCAPACITY (3). \ndisposition (dis-pa-zish-an), n. (14c) 1. The act oftrans\nfer ring something to another's care or possession, esp. \nby deed or will; the relinquishing ofproperty <a testa\nmentary disposition of all the assets>. \ntestamentary disposition. A disposition to take effect \nupon the death of the person making it, who retains \nsubstantially entire control of the property until \ndeath. [Cases: Wills \n2. A final settlement or determination <the court's dis\nposition of the case>. \nambulatory disposition. 1. A judgment or sentence \nthat is subject to amendment or revocation. 2. A tes\ntamentaryprovision that is subject to change because \nthe testator is still alive and capable of making a new \nwill. -Sense 2 corresponds to the first sense of dispo\nsition above. See AMBULATORY. \ninformal disposition. The termination of a case by \nmeans other than trial; any action that leads to dis\nposition without conviction and without a judicial \ndetermination ofguilt, such as guilty pleas and deci\nsions not to prosecute. \n3. Temperament or character; personal makeup <a \nsurly disposition>. dispose, vb. dispositive, adj. \n\n540 dispositional hearing \ndispositional hearing. See disposition hearing and per\nmanency hearing under HEARING. \ndisposition hearing. See HEARING. \ndisposition without a trial. (1888) The final determina\ntion of a criminal case without a trial on the merits, \nas when a defendant pleads guilty or admits sufficient \nfacts to support a guilty finding without a triaL \ndispositive (dis-poz-<l-tiv), adj. (17c) 1. Being a deciding \nfactor; (of a fact or factor) bringing about a final deter\nmination. 2. Of, relating to, or effecting the disposition \nofproperty by will or deed. \ndispositive clause. Scots law. In a deed, the clause ofcon\nveyance by which the grantor describes the property \nconveyed, its conditions or burdens, the name ofthe \ngrantee, and the destination to heirs. See DESTINATION \n(3). \ndispositive fact. See FACT. \ndispositive treaty. See TREATY (1). \ndispossess (dis-p<l-zes), vb. To oust or evict (someone) \nfrom property. See DISPOSSESSION. \ndispossession (dis-p<l-zesh-<ln), n. Deprivation of, or \neviction from, rightful possession of property; the \nwrongful taking or withholding of possession ofland \nfrom the person lawfully entitled to it; OUSTER (1). \n[Cases: Property (;:::::>10.] \ndispossessor. A person who dispossesses. \ndispossess proceeding. (1888) A summary procedure \ninitiated by a landlord to oust a defaulting tenant \nand regain possession of the premises. See FORCIBLE \nENTRY AND DETAINER. [Cases: Landlord and Tenant \nG-'--.::293.] \ndisprove, vb. To refute (an assertion); to prove (an alle\ngation) false. \ndispunishable, adj. Hist. (Ofan offense) not punishable; \nnot answerable. \ndisputable presumption. See rebuttable presumption \nunder PRESUMPTION. \ndisputatio fori (dis-pyoo-tay-shee-oh for-I). [Latin] \nRoman law. Argument before a court; the practice of \nlegal advocacy. \ndispute, n. (16c) A conflict or controversy, esp. one that \nhas given rise to a particular lawsuit. dispute, vb. \nmajor dispute. Labor law. Under the Railway Labor \nAct, a disagreement about basic working condi\ntions, often resulting in a new collective-bargaining \nagreement or a change in the existing agreement . \nUnder the Act, two classes of disputes -major and \nminor -are subject to mandatory arbitration. 45 \nUSCA  155. Also termed new-contract dispute. \n[Cases: Labor and Employment 1524.] \nminor dispute. Labor law. Under the Railway Labor \nAct, a disagreement about the interpretation or \napplication ofa collective-bargaining agreement, as \nopposed to a disagreement over the formation of a new agreement. 45 USCA  155. [Cases: Labor and \nEmployment (;:::::> 1524.] \ndispute resolution. See ALTERNATIVE DISPUTE RESO\nLUTION. \ndispute-resolution procedure. Intellectual property. \nA mechanism for resolving international grievances \nover intellectual-property protection, conducted by the \nWorld Trade Organization under the TRIPs agreement. \n The procedure begins with a complaint by one nation \nagainst another, tollowed by consultations between the \nnations, a WTO panel report on the issue, and (poten\ntially) trade sanctions against one ofthe nations. \ndisqualification, n. (18c) 1. Something that makes one \nineligible; esp., a bias or conflict ofinterest that prevents \na judge or jurorfrom impartially hearing a case, or that \nprevents a lawyer from representing a party. [Cases: \nJudges (;:::::>39; Jury (;:::::>97.] \nvicarious disqualification. (1949) Disqualification of \nall the lawyers in a firm or in an office because one of \nthe lawyers is ethically disqualified from representing \nthe client at issue. -Also termed imputed disqualifi\ncation. [Cases: Attorney and Client (;:::>21.15.] \n\"In general, disqualification of a lawyer from representa\ntion, at least in multiple clientconflict scenarios, means \ndisqualification of that lawyer's entire firm from the same \nrepresentation. When a lawyer has been exclusively or \nchiefly responsible for the representation of a client and \nthat lawyer changes jobs, there is little question but that \nthe imputed-disqualification rule will apply to disqualify \nthe new firm from representing the opponent of the"}
{"text": "question but that \nthe imputed-disqualification rule will apply to disqualify \nthe new firm from representing the opponent of the first \nclient. But because lawyers often work for large organiza\ntions, ... a question may arise about the application of the \nimputation rule when a lawyer has left employment .... \nIf the lawyer had little or no responsibility in the first \norganization for the representation or if the lawyer can \nbe effectively shielded from the representation in the new \norganization, or both, there may be no useful purpose \nserved by imputing the lawyer's disqualification to the new \norganization ....\"James E. Moliterno &John M. Levy, Ethics \nof the Lawyer's Work 151 (1993). \n2. The act ofmaking ineligible; the fact or condition of \nbeing ineligible. Cf. RECUSAL. disqualify, vb. \ndisrate, vb. To reduce to a lower rank, esp. to reduce a \nship or petty officer's rank. \ndisrationare (dis-ray-shee-<l-nair-ee), n. [Law Latin fro \nLaw French desreigner \"to deraign\"] Hist. To prove; to \nestablish a title. \ndisregard, n. 1. The action ofignoring or treating without \nproper respect or consideration. 2. The state of being \nignored or treated without proper respect or consider\nation. -disregard, vb. \nreckless disregard. (1820) 1. Conscious indifference to \nthe consequences ofan act. [Cases: Municipal Corpo\nrations C='723, 747(3); Negligence (;:::::>274.] 2. Defa\nmation. Serious indifference to truth or accuracy of \na publication . \"Reckless disregard for the truth\" is \nthe standard in proving the defendant's actual malice \ntoward the plaintiff in a libel action. [Cases: Libel and \nSlander (~51.] 3. The intentional commission of a \nharmful act or failure to do a required act when the \nactor knows or has reason to know offacts that would \n\n541 dissolution \nlead a reasonable person to realize that the actor's \nconduct both creates an unreasonable risk of harm \nto someone and involves a high degree ofprobability \nthat substantial harm will result. \ndisregarding the corporate entity. See PIERCING THE \nCORPORATE VEIL. \ndisrepair. A state of being in need of restoration after \ndeterioration or damage. \ndisrepute. A loss of reputation; dishonor. \ndisruptive couduct. See CON DUCT. \ndisseise (dis-seez), vb. To wrongfully deprive (a person) \nof the freehold possession of property. Also spelled \ndisseize. \ndisseisee (dis-see-zee). A person who is wrongfully \ndeprived ofthe freehold possession ofproperty. Also \nspelled disseizee. Also termed disseisitus. \ndisseisin (dis-see-zin), n. (14c) Ibe act of wrongfully \ndepriving someone of the freehold possession of \nproperty; DISPOSSESSION. Also spelled disseizin. \n(Cases: Property v 10.) \ndisseisin by election. A legal fiction by which a property \nowner is allowed to claim that he or she has been dis\nseised, regardless of whether this is actually true, in \norder to have a remedy against an adverse claimant. \nequitable disseisin. The wrongful deprivation ofthe \nequitable ownership, possession, or the fruits ofown\nership or possession. \nfresh disseisin. The right at common law ofa person \ndisseised ofland to forcefully eject the disseisor from \nthe land without resort to law, as long as the ejection \noccurred soon after the disseisin. \ndisseisitrix. See DISSEISORESS. \ndisseisitus. See DISSEISEE. \ndisseisor (dis-see-z;u or -zor). A person who wrong\nfully deprives another of the freehold possession of \nproperty. -Also spelled disseizor. \ndisseisoress (dis-see-zi'lr-is). Hist. A female disseisor. \nAlso termed disseisitrix. \ndissemble (di-sem-bdl), vb. 1. Archaic. To physically \ndisguise <to dissemble by wearing a mask>. 2. To give a \nfalse impression about (something); to cover up (some\nthing) by deception <to dissemble the facts>. \ndisseminatiou (di-sem-i-nay-sh;:m), n. 1. The act of \nspreading, diffusing, or dispersing; esp., the circulation \nofdefamatory matter. [Cases: Libel and Slander v 23.] \n2. The extension of the influence or establishment ofa \nthing, such as an idea, book, or document. \ndissensus (di-sen-sds), n. [Latin \"disagreement\") Roman \nlaw. 1. A lack of agreement. 2. A mutually agreed \nannulment of a contractual obligation; an undoing of \nthe consensus that created the obligation. \ndissent (di-sent), n. (16c) 1. A disagreement with a \nmajority opinion, esp. among judges. 2. See dissenting \nopinion under OPINION (I). 3. A Withholding of assent \nor approval. 4. The act ofa surviving spouse who, as statutorily authorized in many states, refuses a devise \nand elects instead a statutory share. See ELECTIVE \nSHARE. -dissent (di-sent), vb. \ndissent and appraisal, right of. See APPRAISAL REMEDY. \ndissenters' right. See APPRAISAL REMEDY. \ndissentiente (di-sen-shee-en-tee). [Latin) Dissenting . \nWhen used with a judge's name, it indicates a dissent\ning opinion. \ndissenting opinion. See OPINION (1). \ndissignare (di-sig-nair-ee), vb. [Law Latin] To break open \na seal. \ndissipation, n. (17c) The use of an asset for an illegal \nor ineqUitable purpose, such as a spouse's use of com\nmunity property for personal benefit when a divorce \nis imminent. [Cases: Divorce v252.2, 252.3(1).) \ndissipate, vb. \ndissociative amnesia. See REPRESSED-MEMORY \nSYNDROME. \ndissolute, adj. (Of a person or thing) lacking restraint; \nwanton; devoted to pleasure <dissolute person> <a dis\nsolute lifestyle>. \ndissolution (dis-a-Ioo-sh;m), n. (14c) 1. The act of \nbringing to an end; termination. 2. The cancellation \nor abrogation ofa contract, with the effect ofannulling \nthe contract's binding force and restoring the parties \nto their original positions. See RESCISSION. 3. The ter\nmination of a corporation's legal existence by expira\ntion ofits charter, by legislative act, by bankruptcy, or \nby other means; the event immediately preceding the \nliquidation or winding-up process. [Cases: Corpora\ntions ~592.1 \nde facto dissolution. The termination and liquidation \nofa corporation's business, esp. because ofan inabil\nity to pay its debts. \ninvoluntary dissolution. The termination of a corpo\nration administratively (for failure to file reports or \npay taxes), judicially (for abuse ofcorporate authority, \nmanagement deadlock, or failure to pay creditors), or \nthrough involuntary bankruptcy. (Cases: Corpora\ntions v612.) \nvoluntary dissolution. A corporation's termination ini\ntiated by the board ofdirectors and approved by the \nshareholders. [Cases: Corporations (;:;)610(1).1 \n4. The termination ofa previously existing partnership \nupon the occurrence of an event specified in the part\nnership agreement, such as a partner's withdrawal from \nthe partnership, or as specified by law. Cf. WINDING UP. \nrCases: Partnership V 263.] 5. Patents. The dismissal \nofan interference contest before a final judgment and \nan express award ofpriority. The effect ofdissolving \nan interference is that junior parties fail to meet their \nburden of proof, so the senior party retains priority. \n[Cases: Patents 106(5).] 5. Parliamentary law. An \nadjournment sine die without any provision for recon\nvening the same deliberative assembly, even ifanother \nassembly of the same kind (such as a legislative body \n\n542 dissolution bond \nor a convention) will eventually convene. -dissolve, \nvb. \ndissolution bond. See discharging bond under BOND \n(2). \ndissolution of marriage. 1. DIVORCE. 2. Archaic. A \ndivorce-like remedy available when both spouses have \nsigned a separation agreement that deals with (1) the \nissue of alimony (providing either some or none), and \n(2) ifthere are children, the issues of support, custody, \nand visitation . Under a dissolution of marriage in this \nsense, the court is bound by the separation agreement \nand cannot later modify alimony payments. Courts \nin jurisdictions where the term has been used in this \nspecific sense traditionally distinguish it from divorce, \nwhich was formerly available only on certain grounds \nand which allowed the court to modify alimony \npayments. \ndissolved corporation. See CORPORATION. \ndissolving condition. See resolutory condition under \nCONDITION (2). \ndissuade, vb. To persuade (someone) not to do some\nthing <to dissuade the expert from testifying>. \ndistaff right. Hist. A woman's legal right. \ndistillate. Oil & gas. 1. The \"wet\" element of natural gas \nthat may be removed as a liquid. Also termed con\ndensate; natural gas. 2. Any product of the process of \ndistillation. \ndistincte et aperte (dis-tingk-tee et ~-p\"r-tee). [Law \nLatin] Distinctly; openly . This phrase was formerly \nused in writs of error to refer to the return required \nto be made. \ndistinct invention. See INVENTION. \ndistinctive mark. See distinctive trademark under \nTRADEMARK. \ndistinctive name. See NAME. \ndistinctiveness, n. Trademarks. The quality of a trade\nmarked word, symbol, or device that identifies the \ngoods ofa particular merchant and distinguishes them \nfrom the goods ofothers. -Also termed acquired dis\ntinctiveness. [Cases: Trademarks (;::::-1029.] -distinc\ntive, adj. \ndistinctive trademark. See TRADEMARK. \ndistinguish, vb. (iSc) 1. To note a significant factual, pro\ncedural, or legal difference in (an earlier case), usu. to \nminimize the case's precedential effect or to show that \nit is inapplicable <the lawyer distinguished the cited \ncase from the case at bar>. \n\"In practice, courts do not concede to their predecessors \nthe power of laying down very wide rules; they reserve to \nthemselves the power to narrow such rules by introducing \ninto them particular facts of the precedent case that were \ntreated by the earlier court as irrelevant. This process is \nknown as 'distinguishing,''' John Salmond, Jurisprudence \n192 (Glanville L. Williams ed., 10th ed. 1947). \n2. To make a distinction <the court distinguished \nbetween willful and reckless conduct>. -distinc\ntion, n. distinguishable, adj. (Of a case or law) different from, \nand thereby not controlling or applicable in, a given \ncase or situation. \ndistinguishable variation. Copyright. A detectable dif\nference between two works . Distinguishable variation \nis the standard for determining whether a work that \nis based on a work in the public domain can itself be \ncopyrighted. Examples include translations of books \nand mezzotints of paintings. Some nontrivial original\nity is also required; exact copies are not protectable. \ndistinguishing mark. A physical indication or feature \nthat identifies or delineates one person or thing from \nanother <the voting ballots contained distinguishing \nmarks so that they could not be counted>. See DISTINC\nTIVENESS. \ndistracted, adj. 1. (Of a person) not concentrating. 2. (Of \na person) disordered. \ndistractio (di-strak-shee-oh), n. [Latin fro distrahere \"to \ndraw apart\"] Roman law. A separation or division into \nparts; an alienation or sale, such as a creditor's sale of \na pledge. \ndistractio bonorum (di-strak-shee-oh b~-nor-~m). [Latin \n\"the sale of goods\"] Roman law. A curator bonorum's \nsale of the property in an insolvent estate to satisfy \ncreditors' claims. \ndistraction doctrine. (1999) The rule that a plaintiff may \nnot be guilty of contributory negligence if the plaintjff's \nattention was diverted from a known danger by a suf\nficient cause. See contributory negligence under NEGLI\nGENCE. [Cases; Negligence C--~S06(3), 1286(3).] \ndistractio pignoris (di-strak-shee-oh pig-nor-is). [Latin \n\"the sale of something pledged\"] Roman law. A credi\ntor's sale of something pledged or hypothecated to \nobtain satisfaction on a debt. \ndistrahere (dis-tray-ha-ree), vb. [fro Latin dis \"apart\" + \ntrahere \"to draw\"] To draw apart; to sell; to dissolve, \nas in a contract. \ndistrain, vb. (l3c) 1. To force (a person, usu. a tenant), \nby the seizure and detention of personal property, to \nperform an obligation (such as paying overdue rent). \n[Cases; Landlord and Tenant (;:::;> 270.] 2. To seize \n(goods) by distress, a legal remedy entitling the rightful \nowner to recover property wrongfully taken. -Also \nspelled distrein. -distraint, n. \ndistrainee. One who is, or whose property is, dis\ntrained. \ndistrainer. Someone who seizes property under a \ndistress. -Also spelled distrainor; distreinor. \ndistraint. See DISTRESS. \ndistrein, vb. See DISTRAIN. \ndistress, n. (13c) 1. The seizure of another's property to \nsecure the performance of a duty, such as the payment \nof overdue rent. [Cases; Landlord and Tenant (:=,263"}
{"text": "performance of a duty, such as the payment \nof overdue rent. [Cases; Landlord and Tenant (:=,263\n270.]2. The legal remedy authorizing such a seizure; the \nprocedure by which the seizure is carried out. \n\n543 \n\"Distress ... may be defined as the taking, either with legal \nprocess, or extrajudicially subject to the performance of \nsome necessary condition precedent, by a private individ\nual or by an officer of the court, of a personal chattel, out \nof the possession of a wrongdoer or defaulter and into the \ncustody of the law to be impounded as a pledge in order \nto bring pressure to bear upon the owner of the chattel to \nredress an injury, to perform a duty, or to satisfy a lawful \ndemand, subject, however, to the right of the owner to \nhave the chattel returned to him [up]on the injury being \nredressed, or the duty performed, or the demand satisfied \nor [up]on security being given so to do.\" EA. Enever, History \nof the Law of Distress 7-8 (1931). \n\"The word distress is derived from distringere, meaning to \nput into a strait or pound. In early English custumals the \nword used is nam, which is of Scandinavian derivation and \nindicates a taking. In the latin legal documents of early \nmedieval times pignorare is used as well as distringere to \ndenote the act of distraining, but whereas distringere is \nused in relation to distress for rent and services, pignorare \nis applied to distress for debts.\" F.A. Enever, History ofthe \nLaw of Distress 3 (1931). \ndistress damage feasant. The right to seize animals or \ninanimate chattels that are damaging or encumber\ning land and to keep them as security until the owner \npays compensation. [Cases: Animals C:::>95.) \ndistress infinite. A distress that the sheriff can repeat \nfrom time to time to enforce the performance of \nsomething, as in summoning a juror or compel\nling a party to appear in court.  The goods must be \nreturned after the delinquent person performs his or \nher duty. \n\"[Flor the most part it is provided that distresses be reason\nable and moderate; but, in the case of distress for fealty or \nsuit of court, no distress can be unreasonable, immoder \nate, or too large: for this is the only remedy to which the \nparty aggrieved is entitled, and therefore it ought to be \nsuch as is sufficiently compulsory; and, be it of what value \nit will, there is no harm done, especially as it cannot be sold \nor made away with, but must be restored immediately on \nsatisfaction made. A distress of this nature, that has no \nbounds with regard to its quantity, and may be repeated \nfrom time to time until the stubbornness of the party is \nconquered, is called a distress infinite.\" 3 William Black \nstone, Commentaries on the Laws ofEngland 231 (1768). \ngrand distress. Hist. In a quare impedit action in which \nthe defendant has failed to appear, a distress of the \ndefendant's goods and lands to compel the defen\ndant's appearance. \nsecond distress. A supplementary distress allowed \nwhen goods seized under the first distress are insuf\nficient to satisfy the claim. \n3. The property seized. -Also termed distraint. \ndistressed debt. See DEBT. \ndistressed goods. See GOODS. \ndistressed property. See PROPERTY. \ndistress sale. See SALE. \ndistress warrant. See WARRANT (1). \ndistributable net income. See INCOME. \ndistribute (di-strib-yoot), vb. 1. To apportion; to divide \namong several. 2. To arrange by class or order. 3. To \ndeliver. 4. To spread out; to disperse. distribution \ndistributed denial-of-service attack. See DENIAL-OF\nSERVICE ATTACK. \ndistributee (di-strib-yoo-tee), n. (1870) 1. A beneficiary \nentitled to payment. 2. An heir, esp. one who obtains \npersonal property from the estate of an intestate \ndecedent. \nexpectant distributee. A prospective heir whose \ninterest depends on a contingency; an expectant \nheir. -Also termed expectant beneficiary. See pro\nspective heir under HEIR. \nlegal distributee. A person whom the law would entitle \nto take property under a will. \ndistribution, n. (l4c) 1. The passing of personal property \nto an intestate decedent's heirs; specie, the process of \ndividing an estate after realizing its movable assets and \npaying out of them its debts and other claims against \nthe estate. Cf. DESCENT (1). [Cases: Descent and Distri\nbution Executors and Administrators C:::>288\n318.] 2. The act or process of apportioning or giving \nout. distribute, vb. \ncontrolled-securities-offering distribution. See secu\nrities-offering distribution (1). \ncorporate distribution. A corporation's direct or \nindirect transfer ofmoney or other property, or incur\nring ofindebtedness to or for the benefit ofits share\nholders, such as a dividend payment out ofcurrent or \npast earnings. [Cases: Corporations (;:;:> 155(1).) \nliquidating distribution. A distribution of trade or \nbusiness assets by a dissolving corporation or part\nnership. Also termed distribution in liquidation. \n[Cases: Corporations C:::>629.] \nnonliquidating distribution. A distribution of assets \nby a corporation or partnership that is not going out \nofbusiness, such as a distribution ofexcess capital not \nnecessary for current operations. \npartnership distribution. A partnership's payment of \ncash or property to a partner out ofearnings or as an \nadvance against future earnings, or a payment of the \npartners' capital in partial or complete liquidation of \nthe partner's interest. [Cases: Partnership C:::>305.] \nprobate distribution. The judicially supervised appor\ntionment and division -usu. after the payment of \ndebts and charges -of assets of an estate among \nthose legally entitled to share. [Cases: Executors and \nAdministrators C:::>288-318.) \nsecondary distribution. 1. The public sale of a large \nblock ofpreviously issued stock. -Also termed sec\nondary offering. See OFFERING. 2. The sale of a large \nblock ofstock after the close ofthe exchange. \nsecurities-offering distribution. 1. An issuer's public \noffering of securities through a formal underwriting \nagreement with a broker-dealer. -Also termed con\ntrolled-securities-offering distribution. 2. An issuer's \npublic offering of securities on an informal basis, with \nor without brokers. Also termed (in both senses) \nuncontrolled-securities-offering distribution. \n\ntrust distribution. The cash or other property paid \nor credited to a trust beneficiary. [Cases: Trusts C=c \n270-288.] \nuncontrolled-securities-offering distribution. See \nsecurities-offering distribution (2). \ndistribution channel. One of several routes through \nwhich a manufacturer's or distributor's goods are \nmarketed. _ In trademark law, identical or similar \nmarks that are used in the same channel may lead to \nconsumer confusion. Also termed channel oftrade; \nchannel ofdistribution. [Cases: Trademarks Cr-=~1110.] \ndistribution cost. See COST (1). \ndistribution in kind. (1819) A transfer ofproperty in its \noriginal state, such as a distribution ofland instead of \nthe proceeds ofits sale. \ndistribution in liquidation. See liquidating distribution \nunder DISTRIBUTION. \ndistribution license. See LICENSE. \ndistribution right. (1936) Copyright. A copyright \nholder's exclusive right to sell, lease, or otherwise \ntransfer copies ofthe protected work to the public. Cf. \nFIRST-SALE DOCTRINE. [Cases: Copyrights and Intel\nlectual Property (;::c36.] \ndistributive (di-strib-ya-tiv), adj. Ofor relating to appor\ntioning, dividing, and assigning in separate items or \nshares; of or relating to distributing. \ndistributive clause. (1821) A will or trust provision gov\nerning the distribution ofincome and gifts. \ndistributive deviation. A trustee's authorized or unau\nthorized departure from the express distributional \nterms of a trust.  A trustee must apply to the court \nfor authoritv to deviate from the terms of a trust. \nIn America~ law, courts rarely authorize deviation \nunless all the beneficiaries consent and there is no \nmaterial purpose of the settlor yet to be served. Some \nstate statutes provide that deviation is permitted if the \ncourt finds that deviation would effectuate the settlor's \nintention, though the modification is not expressly \nauthorized by the trust's provisions. The Pulitzer trust \nillustrates the possibility that extraordinary circum\nstances not anticipated by the settlor may justify devia\ntion, despite an express prohibition within the trust. \nJoseph Pulitzer set up a testamentary trust with shares \nof World newspaper stock; his will directed that the sale \nof these shares was not authorized under any circum\nstances. Nonetheless, the court later approved the stock \nsale when given evidence that because of hemorrhaging \nlosses, the trust's continuation was jeopardized. In re \nPulitzer's Estate, 249 N.Y.S. 87 (Sur. Ct. 1931). \ndistributive finding. A jury's decision partly in favor of \none party and partly in favor of another. \ndistributive justice. See JUSTICE (1). \ndistributive share. (18c) 1. The share that an heir or ben\neficiary receives from the legal distribution of an estate. \n[Cases: Descent and Distribution C=c20-51; Wills C=c \n521-535.]2. The portion (as determined in the partner\nship agreement) ofa partnership's income, gain, loss, or deduction that is passed through to a partner and \nreported on the partner's tax return. [Cases: Internal \nRevenue (;::c3921; Taxation <:::::>3487.] 3. The share of \nassets or liabilities that a partner or partner's estate \nacqUires after the partnership has been dissolved. \n[Cases: Partnership C=c86, 305.] \ndistributor. (1884) A wholesaler, jobber, or other manu\nfacturer or supplier that sells chiefly to retailers and \ncommercial users. \ndistributorship. A franchise held by a person or company \nwho sells merchandise, usu. in a specific area to indi\nvidual customers <a car distributorship>. [Cases: Con\ntracts C=>202(1).] \ndual distributorship. A business structure in which \none party operates a branch or dealership on the same \nmarket level as one or more ofits customers. \ndistrict. (17c) 1. A territorial area into which a country, \nstate, county, municipality, or other political subdi\nvision is divided for judicial, political, electoral, or \nadministrative purposes. 2. A territorial area in which \nsimilar local businesses or entities are concentrated, \nsuch as a theater district or an arts district. Abbr. \nD. \nassessment district. Tax. A usu. municipal subdivision \nin which separate assessments oftaxable property are \nmade. [Cases: Municipal Corporations C=c450.] \ncongressional district. (1804) A geographical unit of \na state from which one member of the U.S. House of \nRepresentatives is elected. [Cases: United States \n10.] \nconsolidated school district. See SCHOOL DISTRICT. \nelection district. A subdivision ofa state, county, or city \nthat is established to facilitate an election or to elect \ngovernmental representatives for that subdivision. \n[Cases: Elections C=c48.] \nfloterial district (floh-teer-ee-al). A legislative district \nthat includes several separate districts or political \nsubdivisions that independently would not be entitled \nto additional representation, but whose conglomerate \npopulation entitles the district to another seat in the \nlegislative body being apportioned. [Cases: Constitu\ntional Law C=c3658(8); States C=c27(7).] \ninfluence district. A voting district in which a racial or \nethnic minority group does not constitute a majority \nof the voters, but does make up a sufficient propor\ntion of the voters to constitute an influential minority, \nthus being able to elect its preferred candidate with \na reasonable number of crossover votes from other \ngroups. Cf. majority-minority district. [Cases: Elec\ntions C=c 12(6).] \nland district. A federally created state or territorial \ndivision containing a U.S. land office that manages \nthe disposition of the district's public lands. [Cases: \nPublic Lands \nlegislative district. (1840) A geographical subdivision \nofa state for the purpose ofelecting legislative repre\nsentatives. [Cases: States \n\nlevee district. A local or regional political subdivision \norganized to construct and maintain levees within its \nterritory at public expense. [Cases: Levees and Flood \nControl C::::>4.] \nmajority-minority district. A voting district in which \na racial or ethnic minority group makes up a majority \nofthe voting citizens. [Cases: Elections ~12(6).] \nmetropolitan district. A special district, embracing \nparts ofor entire cities and towns in a metropolitan \narea, created by a state to provide unified administra\ntion of one or more common services, such as water \nsupply or public transportation. [Cases: Municipal \nCorporations \nmineral district. (1812) A particular region of the \ncountry where valuable minerals are typically found \nand mined. \nmunicipal utility district. (1921) A publicly owned \ncorporation, or a political subdivision, that provides \nthe public with a service or services, such as water, \nelectricity, gas, transportation, or telecommunica\ntions. Abbr. MUD. -Also termed public utility \ndistrict (PUD). [Cases: ElectricityC:;:' 1.5.] \nschool district. See SCHOOL DISTRICT. \nspecial district. A political subdivision that is created \nto bypass normal borrowing limitations, to insulate \ncertain activities from traditional political influence, \nto allocate functions to entities reflecting particular \nexpertise, and to provide a single service within a \nspecified area"}
{"text": "political influence, \nto allocate functions to entities reflecting particular \nexpertise, and to provide a single service within a \nspecified area <a transit authority is a special district>. \n[Cases: Municipal Corporations C::::>2.] \nstock-law district. A district in which cattle or other \nstock are prohibited from running free. [Cases: \nAnimals C::::>50.] \ntaxing district. A district -constituting the whole \nstate, a county, a city, or other smaller unit through\nout which a particular tax or assessment is ratably \napportioned and levied on the district's inhabitants. \n[Cases: Taxation 02017,2077.] \nwater district. A geographical subdivision created \nby a state or local government entity to provide the \npublic with a water supply. [Cases: Waters and Water \nCourses 183.5.] \ndistrict attorney. (18c) A public official appointed or \nelected to represent the state in criminal cases in a \nparticular judicial district; PROSECC\"TOR (1). Abbr. \nD.A. -Also termed public prosecutor; state's attorney; \nprosecuting attorney. Cf. UNITED STATES ATTORNEY. \n[Cases: District and Prosecuting Attorneys \ndistrict clerk. See CLERK (2). \ndistrict court. See COURT. \ndistrict-court magistrate. See MAGISTRATE. \ndistricting. 'fhe act of drawing lines or establishing \nboundaries between geographic areas to create voting \ndistricts. See APPORTIONMENT (3); GERRYMANDERING. \n[Cases: Elections <;::)12(6).] districtio (di-strik-shee-oh), n. [Law Latin \"distraint\"] \nHist. 1. A distress; a distraint. 2. The right of distress. \n3. Something (such as a good or animal) that can be \ndistrained. 4. A territory within which distraint can \nbe exercised. 5. Any compulsory proceeding. \ndistrict judge. See JUDGE. \nDistrict ofColumbia. The seat of the U.S. government, \nsituated on the Potomac River between Maryland and \nVirginia. _ Neither a state nor a territory, it is con\nstitutionally subject to the exclusive jurisdiction of \nCongress. Abbr. D.C. (Cases: District of Columbia \n~1-36.] \ndistrict parish. See PARISH. \ndistrict school. See SCHOOL. \ndistringas (di-string-gas), n. [Law Latin \"you are to \ndistrain\"] 1. A writ ordering a sheriff to distrain a defen\ndant's property to compel the defendant to perform an \nobligation, such as appearing in court or giving up a \nchattel to a plaintiff awarded judgment in a detinue \naction. 2. A writ ordering the sheriff to seize jurors' \ngoods to compel them to appear for juryservice. 3. An \nequitable process of execution against a corporation \nthat has refused to obey a summons. [Cases: Execu\ntion 4. Hist. An order, issued initially from the \nCourt of Exchequer, then the Court of Chancery, and \nfinally the High Court ofJustice, for someone inter\nested in purchasing Bank ofEngland stock, temporar\nily restraining the bank officers from transferring the \nstock or paying a dividend on it. -This proceeding \nwas used to prevent fraudulent dealing by a trustee or \nother stockholder. 'fhe relief was only temporary, and \nif the bank received a request from the stockholder \nto permit a stock deal, the bank had to warn the dis\ntringing party to promptly obtain a restraining order \nor a writ of injunction, or else the stock deal would go \nthrough. \ndistringas juratores (di-string-gas joor-a-tor-eez), n. \n[Law Latin \"you are to distrain the jurors\"] Hist. A writ \nordering the sheriff to distrain jurors or their property \nto compel their appearance before the judges ofassize \nand nisi prius for jury duty on an appointed day. \ndistringas nuper vicecomitem (di-string-gas n[y]oo-par \nvI-see-kom-i-tam), n. (Law Latin \"you are to distrain \nthe late sheriff\"] Hist. 1. A writ ordering a sheriff's suc\ncessor to distrain the former sheriff's property until the \nformer sheriffbrings in a defendant to answer the plain\ntiff's charge, sells goods attached under afieri facias, or \nperforms some other obligation that the former sheriff \nshould have completed while still in office. 2. A writ \ncalling on an ex-sheriff to account for the proceeds \ntaken in execution. \ndistringas vice comitem (di-string-gas VI-see kom-i\ntam), n. [Law Latin \"you are to distrain the sheriff\"] \nHist. A distringas writ ordering the coroner to distrain \nthe sheriff for not executing a writ ofvenditioni exponas. \nSee VENDITIONI EXPONAS. \n\ndistringere 546 \ndistringere (di-strinj-<'l-ree), vb. [Latin] To distrain; to \ncoerce; to compel.  The first-person form ofthe verb \nwas distringo (\"I distrain\"). \ndisturbance, n. (l3e) 1. An act causing annoyance or \ndisquiet, or interfering with a person's pursuit of a \nlawful occupation or the peace and order of a neigh\nborhood, community, or meeting. [Cases: Disorderly \nConduct ~106.] 2. At common law, a wrong done to \nan incorporeal hereditament by hindering the owner's \nenjoyment ofit. \ndisturbance ofa public meeting. The unlawful interfer\nence with the proceedings ofa public assembly. [Cases: \nBreach 0fthe Peace ~1(4).] \n\"Generally speaking, any conduct which, being contrary to \nthe usages of the particular sort of meeting and class of \npersons assembled, interferes with its due progress and \nservices, or is annoying to the congregation in whole or \nin part, is a disturbance; and a meeting may be said to be \n'disturbed' when it is agitated, aroused from a state of \nrepose, molested, interrupted, hindered, perplexed, disqui \neted, or diverted from the object of the assembly.\" 27 c.j.S. \nDisturbance of Public Meetings  1, at 817 (1959). \ndisturbance ofcommon. At common law, a wrongful \ninterference with, or impediment to, another's right to \ncommonable property, such as a wrongful fencing or \nsurcharge on the common. \n''The disturbance of common comes next to be considered; \nwhere any act is done, by which the right of another to his \ncommon is incommoded or diminished. This may happen, \nin the first place, where one who hath no right of common, \nputs his cattle into the land; and thereby robs the cattle of \nthe commoners of their respective shares of the pasture. \nOr if one, who hath a right of common, puts in cattle which \nare not commonable, as hogs and goats; which amounts to \nthe same inconvenience\" 3 William Blackstone, Commentar \nies on the Laws ofEng/and 237 (1768). \ndisturbance offranchise. At common law, a wrongful \ninterference with a liberty or privilege. \n\"Disturbance of franchises happens when a man has the \nfranchise of holding a courtleet, of keeping a fair or \nmarket, of freewarren, of taking toll, of seizing waifs or \nestrays, or (in short) any other species of franchise what \nsoever, and he is disturbed or incommoded in the lawful \nexercise thereof.\" 3 William Blackstone, Commentaries on \nthe Laws ofEng/and 236 (1768). \ndisturbance ofpatronage. A wrongful obstruction ofa \npatron from presenting a clerk to a benefice. \ndisturbance ofpublic worship. Any conduct that inter\nferes with the peaceful, lawful assembly of people for \nreligious exercises. [Cases: Disturbance of Public \nAssemblage ~1.] \ndisturbance of tenure. A stranger's ouster of a tenant \nfrom a tenancy. The tenant's lord could recover \ndamages for the ouster. \ndisturbance ofthe peace. See BREACH OF THE PEACE. \ndisturbance ofways. An impediment to a person's lawful \nright-oi-way, as by an obstruction. \ndisturber. See IMPEDITOR. \ndisturbing the peace. See BREACH OF THE PEACE. \ndittay (dit-ay), n. Scots law. 1. The grounds for an indict\nment. 2. An indictment. divadiatus. See DEVADIATUS. \ndiverse, adj. 1. Of or relating to different types <the \nattorney handles diverse cases ranging from probate \nmatters to criminal law>. 2. (Of a person or entity) \nhaving a different citizenship from the party or parties \non the other side ofthe lawsuit <the parties are diverse \nbecause the plaintiffs are citizens of Illinois and the \ndefendant is a New York citizen>. See diversity juris\ndiction under JURISDICTION. [Cases: Federal Courts \n~281.] 3. (Of a group of people) including people of \ndifferent races, sexes, nationalities, and cultural back\ngrounds <the school has a diverse student body>. \ndiversification, n. 1. A company's movement into a \nbroader range of products, usu. by buying firms already \nserving the market or by expanding existing opera\ntions <the soft-drink company's diversification into \nthe potato-chip market has increased its profits>. 2. \nThe act of investing in a wide range of companies to \nreduce the risk ifone sector ofthe market suffers losses \n<the prudent investor's diversification ofthe portfolio \namong 12 companies>. -diversify, vb. \ndiversified holding company. See COMPANY. \ndiversified investment company. See COMPANY. \ndiversion, n. (17c) 1. A deviation or alteration from \nthe natural course of things; esp., the unauthorized \nalteration of a watercourse to the detriment ofa lower \nriparian owner, or the unauthorized use offunds. 2. A \ndistraction or pastime. -divert, vb. \ndiversion program. (1972) 1. Criminal law. A program \nthat refers certain criminal defendants before trial to \ncommunity programs on job training, education, and \nthe like, which if successfully completed may lead to \nthe dismissal of the charges. -Also termed pretrial \ndiversion; pretrial intervention. Cf. deferred judgment \nunder JUDGMENT. [Cases: Sentencing and Punishment \n~2051-2054.] 2. A community-based program or \nset of services designed to prevent the need for court \nintervention in matters ofchild neglect, minor juvenile \ndelinquency, truancy, or incorrigibility . Sustained by \ngovernment funding, the program provides services \nquickly and in a nonadversarial manner so that there \nis no need for a formal court trial. \nDiversite des courts (di-v<'lr-si-tay d<'l koort). [Law \nFrench] A treatise on courts written in French, sup\nposedly by Fitzherbert during the reign ofEdward III. \n It was printed initially in 1525 and again in 1534. \nAlso spelled Diversite des courtes. \n\"[Flor in the ancient treatise, entitled diversite de courtes ... \nwe have a catalogue of the matters of conscience then cog \nnizable by subpoena in chancery, which fall within a very \nnarrow compass.\" 3 William Blackstone, Commentaries on \nthe Laws of Eng/and 53 (1768). \ndiversity, n. 1. DIVERSITY OF CITIZENSHIP. 2. Ethnic, \nsocioeconomic, and gender heterogeneity within a \ngroup; the combination within a population ofpeople \nwith different backgrounds . The Supreme Court has \nfound diversity in education to be a compelling govern\nment interest that can support a narrowly tailored affir\nmative-action plan. Grutter v. Bollinger, 123 S.Ct. 2325 \n\n547 \n(2003). 3. Hist. A plea that a prisoner to be executed is \nnot the one that was accused and found guilty, at which \npoint a jury is immediately impaneled to try the issue \nofthe prisoner's identity. \ndiversity, adj. Of, relating to, or involving diversity juris\ndiction <a diversity case>. \ndiversity jurisdiction. See JURISDICTION. \ndiversity ofcitizenship. (1876) A basis for federal-court \njurisdiction that exists when (1) a case is between \ncitizens of different states, or between a citizen of a \nstate and an alien, and (2) the matter in controversy \nexceeds a specific value (now $75,000).28 USCA  1332. \n For purposes ofdiversity jurisdiction, a corporation \nis considered a citizen of both the state of incorpora\ntion and the state orits principal place ofbusiness. An \nunincorporated association, such as a partnership, is \nconsidered a citizen of each state where at least one of \nits members is a citizen. Often shortened to diversity. \nSee diversity jurisdiction under JURISDICTION. [Cases: \nFederal Courts (;:::>281-360.] \ncomplete diversity. (1925) In a multiparty case, diver\nsity between both sides to the lawsuit so that all plain\ntiffs have different citizenship from all defendants . \nComplete diversity must exist for a federal court to \nhave diversity jurisdiction over the matter. The rule of \ncomplete diversity was first laid down by Chie[Justice \nMarshall in Strawbridge v. Curtiss, 7 U.S. (3 Cranch) \n267 (1806). [Cases: Federal Courts C=286.] \nmanufactured diversity. (1968) Improper or collu\nSively created diversity of citizenship for the sole or \nprimary purpose of creating federal jurisdiction . \nManufactured diversity is prohibited by 28 USCA \n 1359. [Cases: Federal Courts (;:=303.] \ndivertee. A defendant who participates in a diversion \nprogram. See DIVERSION PROGRAM. \ndives costs (dI-veez), n. Ordinary court costs granted to \na successful party, as distinguished from limited costs \n(such as out-of-pocket costs) allowed to a successful \npauper who sued or defended in forma pauperis .  The \nterm derives from the name of Dives, the supposed \nname of the rich man in the parable of the rich man \nand Lazarus ("}
{"text": "derives from the name of Dives, the supposed \nname of the rich man in the parable of the rich man \nand Lazarus (Luke 16:19-31). Dives is a Latin word \nmeaning \"rich.\" \ndivestitive fact. See FACT. \ndivestitive publication. See PUBLICATION. \ndivestiture (di-ves-ta-char or dI-), n.(l7c) l. The loss or \nsurrender of an asset or interest. 2. A court order to a \nparty to dispose of assets or property. 3. Antitrust. A \ncourt order to a defendant to rid itselfof property, secu\nrities, or other assets to prevent a monopoly or restraint \nof trade. divest, vb. \ndivestment, n. (1844) 1. Property. The cutting short ofan \ninterest in property before its normal termination. 2. \nThe complete or partial loss of an interest in an asset, \nsuch as land or stock. 3. DISINVESTMENT (2). -divest, \nvb. dividend \ndivide-and-pay-over rule. (1916) Wills & estates. The \nprinciple that ifthe only provisions in a testamentary \ndisposition are words ordering that payment be made at \nsome time after the testator's death, time will be of the \nessence and the interest is future and contingent rather \nthan vested and immediate. [Cases: Wills (::.-;'630(6).] \ndivided court. (18c) An appellate court whose opinion \nor decision in a particular case is not unanimous, esp. \nwhen the majority is slim, as in a 5-to-4 decision of \nthe U.S. Supreme Court. [Cases: Appeal and Error \n1123; Courts C-~102(2); Federal Courts 928.] \ndivided custody. See CUSTODY (2). \ndivided-damages rule. Maritime law. The obsolete prin\nciple that when two parties are jointly liable to a third \nparty for a tort, each party is liable for only half the \ndamages. The courts now apply a comparative-neg\nligence standard. [Cases: Collision C=143.] \n\"For over a hundred years admiralty law embraced the \nrule of 'divided damages' in collision cases .... In 1975, \nin United States v. Reliable Transfer Co., 421 U.S. 397, 95 \n5.0. 1708,44 L.Ed.2d 251 (1975), the Supreme Court \njettisoned that inequitable and illogical rule in favor of \nproportionate allocation of fault among jointtortfeasors \nin collision cases. Each vessel now is liable to the other \noffending vessel in contribution for that part of the total \ndamages proportionate to its fault, and is liable for its per \ncapita (Virile) share only when the respective faults of the \nvessels are equal, or when proportionate fault can not be \nascertained.\" Frank L. Maraist, Admiralty in a Nutshell 165 \n(2d ed. 1988). \ndividend. (17c) A portion of a company's earnings or \nprofits distributed pro rata to its shareholders, usu. in \nthe form of cash or additional shares. Corpora\ntions C=155(1).] \naccumulated dividend. A dividend that has been \ndeclared but not yet paid. Also termed accrued \ndividend. [Cases: Corporations 151.] \naccumulative dividend. See cumulative dividend. \nasset dividend. A dividend paid in the form of property, \nusu. the company's product, rather than in cash or \nstock. -Also termed property dividend. \nbond dividend. A dividend in which a shareholder \nreceives a bond instead of scrip, property, or money. \ncapital-gain dividend. A taxable payment to a mutual\nfund shareholder . The payment is the shareholder's \nproportional share ofthe net capital gains realized by \nsecurities sales from the mutual fund's portfolio. \nAlso termed capital-gain distribution. \ncash dividend. A dividend paid to shareholders in the \nform of money. [Cases: Corporations C= 152.] \nconsent dividend. A dividend that is not actually paid \nto the shareholders, but is taxed to the shareholders \nand increases the basis in their stock investment . A \ncorporation declares a consent dividend to avoid or \nreduce an accumulated-earnings or personal-hold\ning-company penalty tax. \nconstructive dividend. A taxable benefit derived by a \nshareholder from the corporation even though the \nbenefit was not designated a dividend . Examples \n\ndividenda 548 \ninclude excessive compensation, bargain purchases \nof corporate property, or shareholder use of corpo\nrate property for personal reasons. [Cases: Internal \nRevenue G'::::' 3750-3768.J \ncumulative dividend. A dividend that grows from \nyear to year when not paid . A cumulative dividend \nis usu. on preferred shares, and it must be paid in \nfull before common shareholders may receive any \ndividend. Ifthe corporation does not pay a dividend \nin a particular year or period, it is carried over to \nthe next year or period and must be paid before the \ncommon shareholders receive any payment. Also \ntermed accumulative dividend. Cf. noncumulative \ndividend. [Cases: Corporations (;:::>68,156.1 \ndeferred dividend. A dividend that is declared, but is \npayable at a future date. \ndeficiency dividend. A dividend paid to reduce or avoid \npersonal-holding-company tax in a prior year. \ndisguised dividend. See informal dividend. \nextraordinary dividend. A dividend paid in addition \nto a regular dividend, usu. because of exceptional \ncorporate profits during the dividend period. -Also \ntermed extra dividend; nonrecurring diVidend; special \ndividend. [Cases: Corporations (;:::;, 155(1).J \nfixed-return dividend. A dividend that is constant \nthroughout the investment's life. \ninformal dividend. A payment ofsalary, rent, interest, \nor the like to or for a shareholder as a substitute for a \ndividend. Also termed disguised dividend. \nliability dividend. See scrip dividend. \nliquidation dividend. A dividend paid to a dissolving \ncorporation's shareholders, usu. from the capital of \nthe corporation, upon the decision to suspend all or \npart of its business operations. -Also termed liqui\ndating dividend. [Cases: Corporations (;:::;,629.1 \nnimble dividend. A dividend paid out of current \nearnings when there is a deficit in the account from \nwhich dividends may be paid . Some state statutes \nprohibit nimble dividends. \nnoncumulative dividend. A dividend that does not \naccrue for the benefit of a preferred shareholder if \nthere is a passed dividend in a particular year or \nperiod. Cf. cumulative dividend. [Cases; Corpora\ntions \nnonrecurring dividend. See extraordinary dividend. \npassed dividend. A dividend that is not paid when due \nby a company that has a history of paying regular \ndividends. \npreferred dividend. A dividend paid to preferred share\nholders, who are generally paid a fixed amount and \ntake priority over common shareholders. [Cases: Cor\nporations (;:::;, 151, 156.1 \nproperty dividend. See asset dividend. \nreinvested dividend. A dividend that is used to purchase \nadditional shares in the corporation, instead ofbeing taken in cash by the shareholder. See DIVIDEND- REIN\nVESTMENT PLAN. \nscrip dividend. A dividend paid in certificates entitling \nthe holder to ownership of capital stock to be issued \nin the future . This type ofdividend may signal that \nthe corporation's cash flow is poor. -Also termed \nliability dividend. \nspecial dividend. See extraordinary dividend. \nstock dividend. A dividend paid in stock expressed as \na percentage ofthe number of shares already held by \na shareholder. [Cases: Corporations (;:::;, 157.J \nunpaid dividend. A declared but unpaid dividend. \nyear-end dividend. An extra dividend paid at the end \nof the fiscal year depending on the amount of the \nprofits. \ndividenda (div-i-den-d<l), n. [fr. Latin dividere \"to \ndivide\"] Hist. Something to be divided; an indenture. \ndividend addition. An amount added to the face value \nof a life-insurance policy and purchased by using a \ndividend as a single premium payment. [Cases: Insur\nance \ndividend-credit rule. The principle that a corporate \nreserve fund amassed from unpaid dividends on \npreferred stock must be used to pay subsequent div\nidends on preferred stock before dividend payments \non common stock. Also termed cast-iron-pipe \ndoctrine. \ndividend date. The date on which a corporation distrib\nutes dividends to record owners of stock shares. See \nrecord date under DATE. Cf. EX-DIVIDEND DATE. \ndividend income. See INCOME. \ndividend-payout ratio. A profitability ratio computed \nby diViding annual dividends per share by earnings \nper share. \ndividend preference. The right of a holder of preferred \nshares to receive a dividend before the company pays \ndividends to holders of common shares. See preferred \nstock under STOCK. Corporations (;:::;, 156.1 \ndividend-received deduction. (1957) A deduction \nallowed to a corporate shareholder for dividends \nreceived from a domestic corporation. IRC (26 GSCA) \n 243-247. Internal Revenue (;:;;)3777.] \ndividend-reinvestment plan. (1969) A stock-purchase \nprogram that allows investors to reinvest their divi\ndends, and perhaps convert additional voluntary \npayments, into shares of the entity's common stock, \nusu. with no sales charge, and sometimes at a discount \nfrom the stock's market price . Although the investor \nnever receives the cash, it is still treated as income to \nthe investor. An investor may be allowed to make \noptional cash purchases of additional stock. -Abbr. \nDRIP; DRP. \nbrokerage-run dividend-reinvestment plan. A formal \nor informal program managed by a brokerage and \nallowing shareholders to reinvest dividends in a port\n\n549 \nfolio, often at no cost. _ Brokerage-run plans are usu. \nlimited to dividend reinvestment. \ncompany-run dividend~reinvestment plan. A program \noperated by a corporation for its own shareholders. \n-Company-run plans may offer additional features \nsuch as IRAs. \ntransfer-agent-run dividend-reinvestment plan. A \nprogram administered by a financial institution for \nseveral companies. -An investor can participate in \nmore than one DRIP program Simultaneously and \nalso make additional cash investments in multiple \ncompanies. \ndividend yil;ld. The current annual dividend divided by \nthe market price per share. \ndivide the assembly. Parliamentary law. To order that \nvotes in a meeting be counted. -Also termed challenge \nthe vote; divide the house; doubt the vote. See counted \nvote under VOTE (4). \ndivide the house. See DIVIDE THE ASSEMBLY. \ndivide the question. Parliamentary law. To break a long \nor complex motion, usu. one covering more than one \nsubject, into shorter motions that the assembly consid\ners independently. \ndivinare (div-i-nair-ee), vb. [Latin] To foretell or divine \n(something). \ndivinatio (div-i-nay-shee-oh), n. [Latin] Roman law. A \npreliminary process for deciding which oftwo or more \napplicants had the best claim to conduct a criminal \nprosecution against an accused_ \ndivine law. Law that emanates from a supernatural \nsource, such as a deity. Cf. NATURAL LAW. \ndivine right ofkings. The political theory that the sover\neign is a direct representative ofGod and has the right \nto rule absolutely by virtue ofroyal birth. \n\"Divine Right of Kings ... originated in the mediaeval \nconcept of God's award of temporal power to civil rulers \nand spiritual power to the Church. It was claimed by the \nearlier Stuart kings in England, and explains many of their \nattitudes in the struggle which developed between them \nand Parliament for political sovereignty .... The principle \nof divine right was submerged during the Commonwealth \nbut re-emerged under James II, but disappeared with his \nflight and abdication:' David M. Walker, The Oxford Com\npanion to Law 366 (1980). \ndivine service. 1. Hist. A feudal tenure in which the \ntenants were obligated to perform special divine func\ntions, such as singing at a certain number ofmasses or \ndistributing a specified amount in alms. 2. A public \nworship service. \ndivisa (di-VI-Z;:l), n. lfr. French diviser \"to divide\"] 1. A \ndivision, as ofgoods by a will; a devise. 2. A boundary of \nneighboring lands. 3. A court held on such a boundary \nto settle the tenants' disputes. \ndivisible contract. See severable contract under \nCONTRACT. \ndivisible divorce. See DIVORCE. \ndivisible obligation. See OBLIGATION. divorce \ndivisible offense. See OFFENSE (1). \ndivisible promises. See PROMISE. \ndivisim (di-vI-z\"m). [Law Latin] Hist. Severally; sepa\nrately. \ndivision. 1. Parliamentary law. A counted vote. See \ncounted vote under VOTE (4); DIVIDE THE ASSEMBLY. \nAlso termed division ofthe assembly; division of the \nhouse; division vote. 2. Parliamentary law. The separa\ntion of a long or complex motion, usu. one covering \nmore than one subject, into shorter motions that the \nassembly considers independently_ Also termed \ndivision ofthe question. See DIVIDE THE QUESTION. \nstanding division. See standing vote under VOTE (4). \n3. RESTRICTION (4). \ndivisional application. See PATENT APPLICATION. \ndivisional bond. See BOND (3). \ndivisional court. See COURT. \ndivisional security. See SECURITY. \ndivision offees. See FEE-SPLITTING. \ndivision of powers. (I8c) The allocation of power \nbetween the national government and the states. \nUnder the Tenth Amendment, powers not delegated to \nthe federal government are reserved to"}
{"text": "\nbetween the national government and the states. \nUnder the Tenth Amendment, powers not delegated to \nthe federal government are reserved to the states or to \nthe people. But today the Tenth Amendment provides \nonly a limited check on Congress's power to regulate \nthe states. Cf. SEPARATION OF POWERS. [Cases: States \nC=>4.16.] \ndivision ofproperty. See PROPERTY SETTLEMENT (1). \ndivision ofthe assembly. See DIVISION (1). \ndivision ofthe house. See DIVISION (1). \ndivision ofthe question. See DIVISION (2). \ndivision order. Oil & gas. A contract for the sale of oil \nor gas, specifying how the payments are to be distrib\nuted. _ Royalty owners enter into division orders to sell \nminerals and to instruct how payments are to be made \nunder a mineral lease. Working-interest owners also \ncommonly sign division orders to instruct purchasers \nhow payments are to be divided. [Cases: Mines and \nMinerals (..,.'-::>79.1(3).] \ndivision vote. See DIVISION (1)_ \ndivisum imperium (di-vI-z\"m im-peer-ee-\"m), n_ [Latin \n\"a divided empire\"] Divided jurisdiction; alternate \njurisdiction, as ofcourts. \n\"This main sea begins at the low-water-mark. But between \nthe high-water-mark and the low-water-mark, where the \nsea ebbs and flows, the common law and admiralty have \ndivisum imperium, an alternate jurisdiction; one upon the \nwater, when it is full sea; the other upon the land, when it \nis an ebb.\" 1 William Blackstone, Commentaries on the Laws \nofEngland 107 (l765). \ndivorce. (14c) The legal dissolution of a marriage by a \ncourt. Also termed marital dissolution; dissolution \nofmarriage. Cf. ANNULMENT. [Cases: Divorce C=>1.] \ndivorce, vb. \n\"When used Without qualification, the term [divorce] \nimports a dissolution of the marriage relation between \n\n550 divorce \nhusband and wife, that is, a complete severance of the tie \nby which the parties were united. However, in its common \nand wider use, the term includes the dissolution of a valid \nmarriage, a formal separation of married persons, and the \nannulment of a marriage void from the beginning. \n\"So, while the term 'divorce' has sometimes been broadly \ndefined or applied to include both decrees of nullity and \ndecrees of dissolution of marriage, especially where the \nmarriage was not void but only VOidable at the option of \nthe injured party, this has been declared to be not in accord \nwith modern usage, and generally, the term denotes only \ndissolution or suspension of a marital relation, and does \nnot include annulment of an invalid marriage.\" 27A CJS \nDivorce  2, at 31-32 (1986). \nabsolu~e divorce. See divorce a vinculo matrimonii. \nbifurcated divorce. See divisible divorce. \ncollaborative divorce. A divorce negotiated in a non\nadversarial forum, usu. between spouses who, with or \nwithout a lawyer, are assisted as needed by a team of \nexperts in law, mental health, and financial matters \n(such as taxes and real estate). \nconditional divorce. See conversion divorce. \ncontested divorce. 1. A divorce that one spouse opposes \nin court. 2. A divorce in which the spouses litigate. \n In this sense, although both spouses may want the \ndivorce, they disagree on the terms of the divorce \ndecree. Cf. uncontested divorce. \nconversion divorce. A divorce granted after (1) a legal \nseparation has been granted or the parties have signed \na separation agreement, and (2) the parties have lived \nseparately for a statutorily prescribed period. Also \ntermed convertible divorce; conditional divorce. [Cases: \nDivorce \ndivisible divorce. (I943) A divorce whereby the \nmarriage itself is dissolved but the issues incident to \nthe divorce, such as alimony, child custody, and visi\ntation, are reserved until a later proceeding. _ This \ntype of divorce can be granted when the court has \nsubject-matter jurisdiction but lacks personal juris\ndiction over the defendant-spouse. The doctrine of \ndivisible divorce was recognized by the Supreme \nCourt in Estin v. Estin, 334 U.S. 541, 68 S.Ct. 1213 \n(1948), and Vanderbilt v. Vanderbilt, 354 U.S. 416, 77 \nS.Ct. 1360 Also termed bifurcated divorce. \n146.] \ndivorce a mensa et thoro (ay men-Sd et thor-oh). [Latin \n\"(divorce) from board and hearth\"] (18c) Hist. A \npartial or qualified divorce by which the parties were \nseparated and allowed or ordered to live apart, but \nremained technically married . This type ofdivorce, \nabolished in England in 1857, was the forerunner of \nmodern judicial separation. -Also termed separa\ntion a mensa et thoro; separation from bed and board; \nlimited divorce; legal separation; judicial separation. \n[Cases: Divorce \\;=> 155.] \n\"[The Ecclesiastical Courts] grant also what is called a \ndivorce a mensa et thoro, or rather what we should call a \njudicial separation, i.e. they release the parties from the \nduty of living together on grounds of cruelty or miscon\nduct ....\" William Geldart, Introduction to English Law 38 \n(D.C.M. Yardley ed., 9th ed. 1984). divorce a vinculo matrimonii (ay ving-kYd-loh ma-trd\nmoh-nee-I). [Latin \"(divorce) from the chains of \nmarriage\"] (17c) A total divorce of husband and wife, \ndissolving the marriage tie and releaSing the parties \nwholly from their matrimonial obligations. At \ncommon law, but not always in canon law, this type of \ndivorce bastardized any children from the marriage \nand was granted on grounds that existed before the \nmarriage. In England, the Matrimonial Causes Act \nof 1857 introduced statutory divorce a vinculo mat\nrimonii. Usu. shortened to divorce. Also termed \nabsolute divorce. Cf. limited divorce. [Cases: Divorce \nDominican divorce. See Mexican divorce. \nex parte divorce (eks pahr-tee). (1870) A divorce pro\nceeding in which only one spouse participates or \nappears in court. [Cases: Divorce C::) 146.] \nfault divorce. A divorce granted to one spouse on \nthe basis of some proven wrongful act (grounds for \ndivorce) by the other spouse. Although all states \nnow have some form ofno-fault divorce, some juris\ndictions still consider a spouse's fault in precipitating \nthe divorce, esp. when dividing marital property or \nwhen awarding alimony. Traditionally, the common \ngrounds for a fault divorce were adultery, abandon\nment, imprisonment, and physical or mental cruelty; \nthe defenses to alleged fault in a petition for divorce \nwere condonation, connivance, collusion, recrimi\nnation, and insanity. Section 303(e) of the Uniform \nMarriage and Divorce Act has abolished the defenses \nto divorce. Cf. noJault divorce. \nforeign divorce. (I83l) A divorce obtained outside the \nstate or country in which one spouse resides. [Cases: \nDivorce \\;=>351-420.] \nHaitian divorce. See Mexican divorce. \nhotel divorce. Slang. A form of collusive divorce \noccurring before widespread passage of no-fault \ndivorce laws in which the spouses agree to fake an \nadultery scene to create \"fault.\" Cf. noJault divorce. \n\"Clearly a lawyer may not originate or participate in a \nscheme to make it appear to the court that a ground for \ndivorce has occurred when this is not the fact. Such is the \ncase in the so-called 'hotel divorces,' prevalent in jurisdic\ntions where adultery is the only ground for divorce, and \nbased on the principle that intercourse will be presumed \nfrom apparently uninhibited opportunity.\" Henry S. Drinker, \nLegal Ethics 123-24 (1953). \nlegislative divorce. Hist. The legal termination of a par\nticular marriage, through a statute enacted by the leg\nislature rather than by a court's decree. -In the 18th \ncentury, Colonial American legislatures granted these \nspecial statutes. In 1816, the House of Burgesses of \nVirginia granted a divorce to Rachel Robards Jackson, \nthe wife of then President Andrew Jackson, from a \nformer spouse. Mrs. Jackson's untimely death was \nattributed to her reaction to the scandal that she had \nmarried Jackson before the divorce was procured. \nNow only state courts have authority to grant decrees \nof divorce. -Also termed parliamentary divorce. \n[Cases: Divorce \n\nlimited divorce. (1831) 1. A divorce that ends the legal \nrelationship of marriage by court order but does not \naddress financial support, property distribution, or \ncare and custody of children. In the days before \nno-fault divorce, a spouse might seek a quick divorce \nin a state with a short reSidency requirement (such \nas Nevada). Then courts in the home state would \ngive full faith and credit only to the dissolution of \nthe marital res, while maintaining sale jurisdiction \nover property-division, support, and custody issues. \n[Cases: Divorce 2. Loosely, a legal separa\ntion. 3. See divorce a mensa et thoro. Cf. divorce a \nvinculo matrimonii. \nmail-order divorce. (1922) Slang. A divorce obtained \nby parties who are not physically present or domiciled \nin the jurisdiction purporting to grant the divorce . \nSuch a divorce is not recognized in the United States \nbecause of the absence of the usual bases for juris\ndiction. \nMexican divorce. A divorce obtained in Mexico by mail \norder or by the appearance of one spouse who does \nnot have a Mexican domicile . Neither type is rec\nognized in the United States. Also termed Domini\ncan divorce (if granted in the Dominican Republic); \nHaitian divorce (if granted in Haiti). \nmigratory divorce. (1911) A divorce obtained in a \njurisdiction other than the marital domicile; esp., a \ndivorce obtained by a spouse who moves to, or tem\nporarily resides in, another state or country to get \nthe divorce. \nno-fault divorce. (1969) A divorce in which the parties \nare not required to prove fault or grounds beyond \na showing of the irretrievable breakdown of the \nmarriage or irreconcilable differences . The system \nofno-fault divorce has been adopted throughout the \nUnited States. By 1974,45 states had adopted no-fault \ndivorce; by 1985, every state but New York had \nadopted some form of it. In New York -one ofthe \nlast bastions offault grounds for divorce -the closest \nequivalent is a conversion divorce one year after legal \nseparation or a legal-separation agreement. Cf. fault \ndivorce; hotel divorce. [Cases: Divorce C=' 12.) \nparliamentary divorce. See legislative divorce. \npro-con divorce. Slang. An uncontested divorce \ngranted after only the plaintiff appears at the pro\nceeding (since the defendant contests nothing). \nquickie div()rce. Slang. A fast divorce granted with \nminimal paperwork. Also termed quick divorce. \nrabbinical divorce. A divorce granted under the \nauthority of a rabbi.  This type of divorce affects \nthe relationship of the parties under the tenets of \nJudaism. It affects particularly a Jewish woman's \nability to remarry in accordance with Judaic law. In \nthe United States, it is not generally a divorce recog\nnized in civil courts. Also termed get. \nuncontested divorce. A divorce that is unopposed \nby the spouse who did not initiate it. Cf. contested \ndivorce. divorce agreement. A contractual agreement that sets \nout divorcing spouses' rights and responsibilities \nregarding property, alimony, custody, visitation, and \nchild support.  The divorce agreement usu. becomes \nincorporated by court order as a part of the divorce \ndecree and thus is enforceable by contempt, among \nother remedies. -Also termed agreement incident to \ndivorce; marital settlement agreement; separation agree\nment. Cf. PROPERTY SETTLEMENT. [Cases: Husband and \nWife C=,277.) \ndivorce decree. See DECREE. \ndivorce proctor. A person (such as a guardian) who is \nappointed to protect the interest of the state or children \nin a divorce action. Sometimes shortened to proctor. \n[Cases: Infants (>76.) \ndivortium (di-vor-shee-;>m), n. [Latin) 1. Roman law. \nDivorce; a severance of the marriage tie . In classical \nlaw, no grounds were required. Cf. REPUDIUM. 2. Eccles. \nlaw. A decree allowing spouses to separate or declaring \ntheir marriage invalid. \n\"Owing to the fact that the church had but slowly made \nup her mind know to know no such thing as a divorce in \nour acceptation of that term (i.e., the dissolution of a valid \nmarriage) the term divortium is currently used to signify \ntwo very different things, namely (1) the divortium quoad \nroYum, which is the equivalent of our 'judicial separation,' \nand (2) what is very often called the divortium quoad \nvinculum but is really a declaration of nullity. The persis \ntence of the word divoytium in the latter case is a trace of an \nolder state of affairs, but in medieval practice the decree of \nnullity often served the purpose of a true divorce; spouses \nwho had quarrelled began to investigate their pedigrees \nand were unlucky if they could discover no impedimentum \ndirimens.\" 2 Frederick Pollock & Frederic William Maitland, \nHistory ofEnglish Law Before the Time ofEdward 1393 n.5 \n(2d ed. 1899; repro 1959). \nD.J. See district judge under Jt:DGE. \nDJIA. abbr. DOW JONES INDU"}
{"text": "\nD.J. See district judge under Jt:DGE. \nDJIA. abbr. DOW JONES INDUSTRIAL AVERAGE. \nDLA. abbr. DEFENSE LOGISTICS AGENCY. \nDLiC. See documentary letter ofcredit under LETTER OF \nCREDIT. \nDLOP. abbr. Dismissal for lack of prosecution. See dis\nmissal for want ofprosecution under DISMISSAL (1). \nDLOP docket. See DWOP docket under DOCKET (z). \nDLSA. abbr. DEFENSE LEGAL SERVICES AGENCY. \nDMCA. abbr. DIGITAL MILLENNIUM COPYRIGHT ACT. \nDNA. abbr. Deoxyribonucleic acid; the double-helix \nstructure in cell nuclei that carries the genetic infor\nmation of most living organisms. \nDNA identification. (1987) A method ofscientific iden\ntification based on a person's unique genetic makeup; \nsped., the comparison ofa person's deoxyribonucleic \nacid (DNA) a patterned chemical structure of genetic \ninformation with the DNA in a biological specimen \n(such as blood, tissue, or hair) to determine whether the \nperson is the source of the specimen . DNA evidence \nis used in criminal cases for purposes such as identify\ning a victim's remains, linking a suspect to a crime, and \nexonerating an innocent suspect. Also termed DNA \n\nfingerprinting; genetic fingerprinting: DNA profiling; \nDNA typing. Cf. HUMAN-LEUKOCYTE ANTIGEN TEST. \n[Cases: Criminal Law C=>388.2; Evidence 150.] \nDNR order. abbr. DO-NOT-RESUSCITATE ORDER. \ndo (doh). [Latin] Rist. I give. -This term was considered \nthe oldest and aptest for a feoffment and gift. \nDOC. abbr. DEPARTMENT OF COMMERCE. \ndock, n. 1. A structure that encloses water. often between \ntwo piers, in which ships are received for loading, \nunloading, safekeeping, or repair. [Cases: Wharves \nC=>4.] 2. 'The part of a warehouse or other building \n(usu. elevated with oversized doors) at which trucks \nare received for loading and unloading. 3. English \nlaw. In a criminal court, the enclosure in which the \nprisoner is placed during trial <it was through his own \ndeliberate choice that Mr. Bourne found himself in \nthe dock at the Old Bailey, charged with a felony>. See \nBAIL DOCK. \ndockage. A charge for the use of a dock, esp. while a \nvessel is undergoing repairs. \ndocket, n. (15c) 1. A formal record in which a judge or \ncourt clerk briefly notes all the proceedings and filings \nin a court case <review the docket to determine the \nfiling date>. -Also termed judicial record: bench \ndocket: docket sheet. [Cases: Appeal and Error \n493-543; Criminal LawC~1086.1-1088.20.] \nappearance docket. (I8c) A list of the parties and \nlawyers participating in an action, together with a \nbrief abstract of the successive steps in the action. \n[Cases: Appearance Federal Civil Procedure \nC=>561.j \njudgment docket. (1826) A book that a court clerk keeps \nfor the entry or recordation of judgments, giving \nofficial notice ofexisting judgment liens to interested \nparties. Also termed judgment book; judgment file; \njudgment record; judgment roll. [Cases: )udgment C=> \n277, 284.] \n2. A schedule of pending cases <the case is third on \nMonday's trial docket>. Also termed court calendar; \ncause list; trial calendar. [Cases: Criminal Law \n632(2); Federal Civil Procedure 1991; Trial (;::::> \n9(1).] \nDWOP docket. A list ofcases that the court has set for \npossible dismissal for want of prosecution. Also \ntermed doowop docket; DLOP docket. See dismissal \nfor want ofprosecution under DISMISSAL (1). \npreferred docket. (1993) A list of cases set for trial, \narranged in order of priority. -Criminal cases are, \nfor example, generally given precedence over civil \ncases on the preferred docket because of the consti\ntutional right to a speedy trial. lCases: Criminal Law \nC::::c632(2); Trial (;=:> 13.] \n3. DOCKET CALL <the agreed judgment was Signed at \nthe court's uncontested docket call on May 24>. 4. Par\nliamentary law. A list ofeach motion, report, election, \nand other business that awaits a deliberative assembly's \nconsideration, from which a board or officer prepares and circulates an agenda for each meeting or for a series \nof upcoming meetings <in planning the meeting, the \nchair worked from an exhaustive docket>. See AGENDA. \nS. A written abstract that provides specific information \n(usu. about something attached); esp., a label <check \nthe docket to determine the goods' destination and \nvalue>. 6. Rist. A notary's attestation at the end of a \ndeed or other instrument; esp., the attestation at the \nend ofan instrument ofseisin. -Also spelled docquet. \nSee MANU ALIENA. \ndocket, vb. (17c) 1. To make a brief entry in the docket of \nthe proceedings and filings in a court case <to docket \nthe filing date>. 2. To abstract and enter in a book <to \ndocket a judgment>. 3. To schedule (a case) for trial \nor some other event <the case was docketed for a May \ntrial>. \ndocket call. (1899) A court session in which attornevs \n(and sometimes parties) appear in court to report the \nstatus oftheir cases. -For example, they may announce \nreadiness for trial or report the suit's settlement. \nOften shortened to docket. \ndocket entry. A note made in the court's formal record \nof proceedings and filings. See DOCKET (1). \ndocket fee. See FEE (1). \ndocket number. (1866) A number that the court clerk \nassigns to a case on the court's docket. \ndocket order. See ORDER (2). \ndocket sheet. See DOCKET (1). \ndockmaster. English law. An officer who directs the \nmooring and removal of ships to avoid the obstruc\ntion ofcommerce. \ndock receipt. Maritime law. An interim document issued \nby a maritime carrier to evidence the delivery ofgoods \nat the dock. -Generally, a dock receipt entitles the \ndesignated person to receive a bill oflading, waybill, \nor other transport document. -Also termed dock \nwarrant. See DOCUMENT OF TITLE. [Cases: Shipping \nC=> 106(6).] \ndock sale. See SALE. \ndock warrant. See DOCK RECEIPT. \ndoctor. 1. Rist. In Roman Catholic canon law, an \nhonorary title for a scholar. 2. A title ofa person who \nhas acquired an advanced degree in academics, or has \nachieved an honorable distinction. 3. A physician. -\nAbbr. Dr. [Cases; HealthC~llO.l \nDoctor of Juridical Science. A graduate law degree, \nbeyond the J.D. and the LL.M. Abbr. S.).D.; J.S.D. \nAlso termed Doctor ofJudicial Science; Doctor ofthe \nScience ofJurisprudence; Doctor ofthe Science ofLaw. \nDoctor ofJurisprudence. See JURIS DOCTOR. \nDoctor ofLaw. See JURIS DOCTOR. \nDoctor of Laws. An honorary degree bestowed on one \nwho has achieved great distinction. -Abbr. LL.D. Cf. \nJURIS DOCTOR; MASTER OF LAWS. \n\n553 doctrine of equivalents \nDoctor ofthe Science ofJurisprudence. See DOCTOR OF \nJURIDICAL SCIENCE. \nDoctor of the Science of Law. See DOCTOR OF JURIDI\nCAL SCIENCE. \ndoctor-patient privilege. See PRIVILEGE (3). \ndoctor-patient relationship. See RELATIONSHIP. \nDoctors' Commons. Hist. Informal. The College ofAdvo\ncates and Doctors of Law, which trained specialists in \nadmiralty and ecclesiastical law and housed admiralty \nand ecclesiastical courts from the 16th century to the \n19th. The College was dissolved in the 1860s after its \nfunctions were absorbed by the High Court. -Some\ntimes written Doctors' Common. \ndoctrine. (14c) L A principle, esp. a legal principle, that \nis Widely adhered to. 2. Archaic. HOLDING (1). \ndoctrine of acquired rights. See ACQUIRED-RIGHTS \nDOCTRINE. \ndoctrine ofadverse domination. See ADVERSE-DOMI\nNATION DOCTRINE. \ndoctrine of approximation. (1845) A doctrine that \nauthorizes a court to vary the details ofa trust's admin\nistration to preserve the trust and to carry out the \ndonor's intentions. Also termed equitable doctrine \nofapproximation. Cf. CY PRES. \ndoctrine ofcapture. See RULE OF CAPTURE. \ndoctrine ofclaim differentiation. See CLAIM DIFFER\nENTIATION. \ndoctrine ofcoercion. See COERCION (3). \ndoctrine ofcompleteness. See RULE OF OPTIONAL COM\npLETENEss. \ndoctrine of constructive service. 1. See constructive \nservice under SERVICE (2). 2. Employment law. The prin\nciple that a person who contracts to work for a definite \nperiod and is wrongfully discharged after beginning \nwork may wait until the contract period expires and \nthen sue on the contract for the wages that the person \nwould have earned between the time of the discharge \nand the expiration ofthe contract. -In a jurisdiction \nthat has adopted this principle, it is an exception to the \nmitigation-of-damages doctrine. Often shortened \nto constructive service. Cf. MITIGATION-OF-DAMAGES \nDOCTRINE. [Cases: Labor and Employment (';:::> 171, \n239.] \ndoctrine ofcontagion. See CONTAGION. \ndoctrine ofcontinuity. See CONTINUITY (2). \ndoctrine ofcontra non valentem (kon-tra non va-len\ntam). (1938) The rule that a limitations or prescriptive \nperiod does not begin to run against a plaintiff who is \nunable to act, usu. because ofthe defendant's culpable \nact, such as concealing material information that would \ngive rise to the plaintiffs claim. Often shortened \nto contra non valentem. [Cases: Limitation ofActions \n(,;:::>43, 95.] \ndoctrine ofcontra proferentem. See CONTRA PROFER\nENTEM. doctrine of curative admissibility. A rule allowing a \nparty to introduce otherwise inadmissible evidence to \nremove the prejudice caused by the improper admis\nsion ofevidence that was offered by the opposing party. \n-The doctrine applies when a motion to strike cannot \ncure the prejudice created by the adverse party. \nAlso termed curative-admissibility doctrine. [Cases: \nCriminal Law C::::O396; Evidence (';:::> 155.] \ndoctrine ofdiscovered peril. See LAST-CLEAR-CHANCE \nDOCTRINE. \ndoctrine ofelection (l8c). A doctrine holding that when \na person has contracted with an agent without knowing \nof the agency and later learns the principal's identity, \nthe person may enforce the contract against either the \nagent or the principal, but not both. See ELECTION (1); \nELECTION OF REMEDIES. \ndoctrine ofentireties (en-tI-<lr-teez). In customs law, the \nrule that when an entry consists ofparts that assemble \nto form an article different from any of the parts, the \nproper classification will be ofthe whole article, rather \nthan the individual components . Por example, an \nunassembled product consisting of an empty decora\ntive glass, powdered wax in a cellophane bag, wicks, \nand fragrance, boxed together and sold as one product \nmay be properly classified as a candle. \ndoctrine of equitable indemnity. See equitable indem\nnity under INDEMNITY. \ndoctrine of equivalents. (1856) Patents. A judicially \ncreated theory for finding patent infringement when \nthe accused process or product falls outside the literal \nscope of the patent claims . The doctrine evolved \nto prevent parties from evading liability for patent \ninfringement by making trivial changes to avoid the \nliteral language of the patent claims. Graver Tank \n& Mfg. Co. v. Linde Air Prods. Co., 339 U.S. 605, 70 \nS.Ct. 854 (1950). In determining whether infringe\nment exists under the doctrine, the court must first \ndetermine whether \"the accused product or process \ncontain[s} an element identical or equivalent to each \nclaimed element ofthe patented invention.\" Warner\nJenkinson Co. v. Hilton Davis Chem. Co., 520 U.S. 17, \n39-40,117 S.Ct. 1040, 1054 (1997).lfit does, it infringes \non the patent if the differing element performs sub\nstantially the same function in substantially the same \nway to get the same result as the patented product or \nprocess. Prosecution-history estoppel is not an absolute \nbar to a patentee who seeks to invoke the doctrine of \nequivalents to prove infringement on a claim that was \nvoluntarily amended. Festo v. Shoketsu Kinzoku Kogyo \nKabushiki Co., 535 U.S. 722, 122 S.Ct. 1831 (2002). \nAlso termed eqUivalents doctrine; doctrine ofequiva\nlence; doctrine ofequivalency; doctrine ofsubstantial \neqUivalents; nonliteral infringement. Cf. literal infringe\nment under INFRINGEMENT. [Cases: Patents (';:::>237.} \nreverse doctrine ofequivalents. The doctrine prevent\ning infringement liability when the invention is sub\nstantially described by the claims ofanother's patent \nbut performs the same or a similar function in a sub\nstantially different way. \n\n"}
{"text": "the claims ofanother's patent \nbut performs the same or a similar function in a sub\nstantially different way. \n\n554 doctrine of estates \ndoctrine of estates. Hist. The rule that a person cannot \nown land, but can merely own an estate in it, autho\nrizing the person to hold it for some period of time. \nThis doctrine answers the question of the duration of \nan estate. Cf. DOCTRINE OF TENURES. \ndoctrine offinality. See FINALITY DOCTRINE. \ndoctrine of general average. Maritime law. A rule \nallOWing a carrier to require cargo owners and the ship\nowner to contribute pro rata to the cost of protecting \nthe ship and its cargo. [Cases: Shipping 186.J \ndoctrine of identification. Hist. English law. lhe rule \nthat if,! person traveling in a conveyance is injured in \nan accident that occurs because ofsomeone else's neg\nligence, and the driver of the conveyance is contribu\ntorily negligent, the passenger cannot claim damages \nagainst the tortfeasor since the passenger is \"identified\" \nwith the contributorily negligent driver . The leading \nauthority for this doctrine was 7horogood v. Bryan, 8 \nCB. 115 (1849), but the Court of Appeal repudiated \nthe doctrine as unsound in The Bernina [I887], 13 App. \nCas. 1 (1888). \ndoctrine ofillusory coverage. A rule requiring an insur\nance policy to be interpreted so that it is not merely \na delusion to the insured . Courts avoid interpret\ning insurance policies in such a way that an insured's \ncoverage is never triggered and the insurer bears no \nrisk. [Cases: Insurance C=~2090.] \ndoctrine of incontrovertible physical facts. See PHYS\nICAL-FACTS RULE. \ndoctrine of ineffective revocation. See DEPENDENT \nRELATIVE REVOCATION. \ndoctrine ofinherency. See INHERENCY DOCTRINE. \ndoctrine of intervening rights. See INTERVENING \nRIGHTS. \ndoctrine of legal unities. See LEGAL-UNITIES \nDOCTRINE. \ndoctrine of marital privacy. See MARITAL-PRIVACY \nDOCTRINE. \ndoctrine of necessaries. (1870) 1. The rule holding a \nparent or spouse liable to anyone who sells goods or \nprovides medical services to that person's child or \nspouse if the goods or services are required for suste\nnance, support, or healthcare. 2. Archaic. The common\nlaw rule holding a husband or father liable to anyone \nwho sells goods to his wife or child if the goods are \nrequired for sustenance or support. See NECESSARIES. \n[Cases: Husband and Wife ~19.] \ndoctrine of notice. See NOTICE DOCTRINE. \ndoctrine of obligation. English law. The rule that if a \nforeign court of competent jurisdiction has adjudicated \na certain sum to be due from one person to another, \nthe liability to pay that sum becomes a legal obliga\ntion enforceable domestically by a debt action . Once \nthe plaintiff proves the judgment, the burden shifts \nto the defendant to show why the obligation should \nnot be performed. The doctrine was established by Baron Parke in Russell v. Smyth, 9 M. & W. 810, 819 \n(1842). -Often shortened to obligation. \ndoctrine of optional completeness. See RUU OF \nOPTIONAL COMPLETENESS. \ndoctrine ofparens patriae. See PARENS PATRIAE (2). \ndoctrine ofpractical location. See AGREED-BOUNDARY \nDOCTRINE. \ndoctrine ofprecedent. (18c) 1. The rule that precedents \nnot only have persuasive authority but also must be \nfollowed when similar circumstances arise . This \nrule developed in the 19th century and prevails today. \nSee STARE DECISIS. [Cases: Courts (~88.1 2. A rule \nthat precedents are reported, may be cited, and will \nprobably be followed by courts. This is the rule that \nprevailed in England until the 19th century. \ndoctrine ofpreclusion of inconsistent positions. See \njudicial estoppel under ESTOPPEL. \ndoctrine ofrelation back. See RELATION BACK. \ndoctrine of res judicata. See RES Jt:DICATA. \ndoctrine of revestment. A rule by which a court regains \njurisdiction after the entry offinal judgment when the \nformer opposing parties have actively participated in \nproceedings inconsistent with the court's judgment. \n[Cases: Courts ~30.] \ndoctrine of scrivener's error. (1992) A rule permitting \na typographical error in a document to be reformed \nby parol evidence, if the evidence is precise, clear, and \nconvincing. See clerical error under ERROR (2). [Cases: \nReformation ofInstruments Cr~17(2).] \ndoctrine of separate spheres. See SEPARATE-SPHERES \nDOCTRINE. \ndoctrine of specialty. Int'llaw. The principle, included \nas a provision in most extradition treaties, under which \na person who is extradited to a country to stand trial \nfor certain criminal offenses may be tried only for \nthose offenses and not for any other pre-extradition \noffenses. Also termed specialty doctrine. See EXTRA ~ \nDITION. [Cases: Extradition and Detainers ~19.] \ndoctrine ofspousal unity. See SPOUSAL-UNITY DOCTRINE \n(1). \ndoctrine of subsequent negligence. See LAST-CLEAR\nCHANCE DOCTRINE. \ndoctrine of substantial equivalents. See DOCTRINE OF \nEQt:IVALENTS. \ndoctrine of substituted judgment. See SUBSTITUTED\nJUDGMENT DOCTRINE. \ndoctrine ofsuperior equities. Insurance. A rule by which \nan insurer is unable to recover from anyone whose \nequities are equal or superior to the insurer's; esp., a \nrule that a right ofsubrogation may be invoked against \nanother party only if that party's guilty conduct renders \nthe party's equity inferior to that ofthe insured. Also \ntermed risk-stops-here rule. [Cases: Insurance \n3513(3),3517; Subrogation ~1.] \n\ndoctrine of tenures. Hist. The rule that all land is held \nof the Crown, either directly or indirectly, on some \ntype of tenure. This doctrine answers the question \nof the manner in which an estate is held. -Also termed \ndoctrine oftenure. Cf. DOCTRINE OF ESTATES. \ndoctrine of the conclusiveness of the judgment. See \njudicial estoppel under ESTOPPEL. \ndoctrine of the last antecedent. See RULE OF THE LAST \nANTECEDENT. \ndoctrine ofthe last preceding antecedent. RULE OF THE \nLAST ANTECEDENT. \ndoctrine of ultimate negligence. See LAST-CLEAR\nCHANCE DOCTRINE. \ndoctrine of unconstitutional conditions. See UNCON\nSTITUTIONAL-CONDITIONS DOCTRINE. \ndoctrine of vested rights. See VESTED-RIGHTS \nDOCTRINE. \ndoctrine of worthier title. See WORTHIER-TITLE \nDOCTRINE. \ndocument, n. (15c) 1. Something tangible on which \nwords, symbols, or marks are recorded. See Fed. R. \nCiv. P. 34(a). 2. (pl.) The deeds, agreements, title papers, \nletters, receipts, and other written instruments used to \nprove a fact. \nancient document. (1846) Evidence. A document that \nis presumed to be authentic because its physical con\ndition strongly suggests authenticity, it has existed \nfor 20 or more years, and it has been maintained in \nproper custody (as by coming from a place where it is \nreasonably expected to be found). Fed. R. Evid. 901(b) \n(8). -Also termed ancient writing. [Cases: Evidence \n(::::::>372.) \ndocument ofauthority. See governing document. \nforeign document. (1816) A document that originated \nin, or was prepared or executed in, a foreign state or \ncountry. \ngoverning document. Parliamentary law. A document \nthat defines or organizes an organization, or grants or \nestablishes its authority and governance . An organi\nzation's governing documents may include a charter, \narticles of incorporation or association, a constitu\ntion, bylaws, and rules. A charter or articles ofincor\nporation or association, if they have been granted \nor adopted, are an organization's most authorita\ntive governing document, followed by the constitu\ntion, bylaws, and rules, in that order. -Also termed \ndocument ofauthority. See CHARTER (4), (5); ARTICLES \nOF INCORPORATION; ARTICLES OF ASSOCIATION (2); \nCONSTITUTION (4); BYLAW (1); SUBORDINATION (2). \nhot document. (1995) A document that directly \nsupports a litigant's allegation. \npublic document. (17c) A document ofpublic interest \nissued or published by a political body or otherwise \nconnected with public business. Cf. public record \nunder RECORD. [Cases: Evidence (::::::>325-337.) 3. Evidence. Under the best-evidence rule, a physical \nembodiment of information or ideas, such as a letter, \ncontract, receipt, account book, blueprint, or X-ray \nplate; esp., the original of such an embodiment. See \nFed. R. Evid. 1001 et seq. [Cases: Criminal Law (::::::> \n400; Evidence (::::::>157-187.) \ndocument, vb. (18c) 1. To support with records, instru\nments, or other evidentiary authorities <document \nthe chain ofcustody>. 2. To record; to create a written \nrecord of <document a file>. \ndocumentary credit. 1. Credit extended on a document \nof title or any other legal document. 2. A financing \narrangement in which a financial institution authorizes \nor makes a payment to a third party (usu. an exporter) \nat a customer's request. This financing method \nfacilitates international transactions by providing the \nimporter with necessary credit and the exporter with \nan expedited cash payment. \ndocumentary draft. See DRAFT. \ndocumentary evidence. See EVIDENCE. \ndocumentary instruction. A written agreement between \nan importer and exporter covering the relegation of \nvarious documents relating to the shipment and dis\nposition of goods. \ndocumentary letter ofcredit. See LETTER OF CREDIT. \ndocumentary-originals rule. See BEST-EVIDENCE \nRULE. \ndocumentary sale. See SALE. \ndocumentary stamp. A stamp required to be affixed to a \ndeed or other instrument before it is recorded. \ndocumentary-stamp transfer tax. See stamp tax under \nTAX. \ndocument of title. (18c) A written description, iden\ntification, or declaration of goods authorizing the \nholder (usu. a bailee) to receive, hold, and dispose of \nthe document and the goods it covers . Documents \noftitle, such as bills oflading, warehouse receipts, and \ndelivery orders, are generally governed by Article 7 of \nthe Ucc. See BAILMENT (1)-(3). [Cases: Carriers (::::::> \n51; Warehousemen (::::::> 11.) \nnegotiable document of title. A document of title \nthat actually stands for the goods it covers, so that \nany transfer ofthe goods requires a surrender ofthe \ndocument. UCC  7-104(1). [Cases: Bills and Notes \n(::::::> 151; Warehousemen (::::::> 15.) \nnonnegotiable document oftitle. A document oftitle \nthat merely serves as evidence ofthe goods it covers. \nUCC  7-104(2). [Cases: Warehousemen (::::::> 15.) \ndocument request. See REQUEST FOR PRODUCTION. \ndocumentum (dok-Y<l-men-t<lm), n. [Latin) Roman law. \n1. Proof. 2. A document . This term appeared in post-\nclassical imperial constitutions. \nDOD. abbr. Department of Defense. See DEFENSE \nDEPARTMENT. \n\nDoDDS 556 \nDoDDS. abbr. DEPARTMENT OF DEFENSE DEPENDENTS \nSCHOOLS. \ndo, dieD, addieo (doh, dI-koh, d-dI-koh ordik-oh, d-dik\noh). [Latin] I give, I say, I adjudge. -These formal words \nwere spoken by the Roman praetor in the exercise of \nhis jurisdiction on certain days, such as dies fasti. They \ncould not be officially spoken on dies nefasti. Do refers \nto the granting of actions, exceptions, and the appoint\nment of judges; dico refers to the pronouncement of \njudgments; and addico refers to the adjudication of \ncontroverted property. \nDOE. abbr. l. DEPARTMENT OF EDUCATION. 2. DEPART\nMENT OF ENERGY. \nDoe, Jane. See JANE DOE. \nDoe, John. See JOHN DOE. \nD'Oench Duhme doctrine (dench doom). The rule that \nestops a borrower from asserting a claim or defense \nagainst a federal successor to a failed financial insti\ntution -if the claim or defense is based on a side or \nsecret agreement or representation -unless the agree\nments or representations have been (l) put into writing, \n(2) executed by the financial institution and borrower \nwhen the loan was issued, (3) approved by the financial \ninstitution's board of directors or loan committee, and \n(4) made a permanent part ofthe financial institution's \nrecords. D'Oench, Duhme & Co. v. FDIC, 315 U.S. 447, \n62 S.Ct. 676 (1942) (now partially codified at 12 USCA \n 1823(e), and otherwise of questionable standing in \nlight of O'Melveny & Myers v. FDIC, 512 U.S. 79, 114 \nS.Ct. 2048 (1994. [Cases: Banks and Banking \n505.] \ndo equity. (Of one who seeks an equitable remedy) to \ntreat or offer to treat the other party as fairly as is nec\nessary, short of abandoning one's own legal rights, to \nbring about a fair result. -The phrase derives from the \nmaxim, uOne who seeks equity"}
{"text": "own legal rights, to \nbring about a fair result. -The phrase derives from the \nmaxim, uOne who seeks equity must do equity.\" See \nUNCLEAN-HANDS DOCTRINE. [Cases: Equity (::::)66.] \nd'office (daw-fees). [Law French] Of office; officially. _ \nThis is similar to the Latin phrase ex officio. \ndog. Slang. 1. Something undesirable, esp. a lawsuit \n<the cases assigned to the new lawyer were all dogs>. \n2. Securities. A stock or other investment that suffers \npublic disdain and repeated price declines or poor per\nformance. \ndog-draw. Hist. 'The apprehension ofsomeone chaSing a \ndeer in a forest with a dog. \n\"Dog'draw is an apparent deprehension of an offender \nagainst venison in the forest. There are four kinds of them \nobserved by Manwood, part. 2, cap. 18, num. 9, of his \nForest Laws, that is, dogdraw, stable-stand, backbear, and \nbloody-hand. Dogdraw is, when one is found drawing after \na deer by the scent of a hound led in his hand.\" Termes de \nfa Ley 181 (1 st Am. ed. 1812). \ndogma (dawg-mCl ordahg-), n. A philosophy, opinion, or \ntenet that is strongly held, is believed to be authorita\ntive, and is followed steadfastly, usu. to the exclusion of \nother approaches to the same subject matter; a formally stated and proclaimed doctrine of faith. PL dogmas, \ndogmata (-md-tCl). \nDOHSA (doh-shd). abbr. DEATH ON THE HIGH SEAS \nACT. \ndoing business. Ihe act of engaging in business activi\nties; specif., the carrying out of a series of similar \nacts for the purpose of realizing a pecuniary benefit, \nor otherwise accomplishing a goal, or doing a single \nact with the intention of starting a series ofsuch acts; \nesp., a nonresident's participation in sufficient business \nactivities in a foreign state to allow the state's courts \nto exercise personal jurisdiction over the nonresident. \nSee BUSINESS (1); D/B/AI; DOING-BUSINESS STATUTE; \nLONG-ARM STATUTE; MINIMUM CONTACTS. [Cases: Cor\nporations <::=642, 665(1); Courts C=12(2.15).] \ndoing-business statute. A state law defining the acts \nthat constitute undertaking business there, usu. for \nthe purpose of establishing the circumstances under \nwhich the state's courts may exercise personal juris\ndiction over a nonresident. See MINIMUM CONTACTS; \nLONG-ARM STATUTE. [Cases: Courts C=12(2.15).] \nDOT. abbr. DEPARTMENT OF JUSTICE. \nDOL. abbr. DEPARTMENT OF LABOR. \ndol (dohl or dol), n. [French \"deceit; fraud\"] Civil law. \nFraud committed in inducing another to enter into a \ncontract. See fraud in the inducement under FRAUD. \nCf. FRAUDE. \ndole, n. 1. A share of something that is jointly owned \nbut divisible. 2. Slang. Welfare benefits received from \na governmental agency. 3. Scots law. Criminal intent; \nthe equivalent of mens rea. \ndo, lego (doh, lee-goh). [Latin] Hist. I give and bequeath. \n-In Roman law, this was the phrase used to make a \nbequest. \ndole-land. Hist. Jointly owned land in which each \nowner or user has an assigned portion with distinct \nlandmarks. -The share may be allotted annually on \na rotating basis or permanently. Also termed dole\nmeadow; dole-moor. \ndole-meadow. See DOLE-LAND. \ndole-moor. See DOLE-LAND. \nDole test. A four-part test used to determine the consti\ntutionality of a condition attached by Congress under \nits Spending Clause power to the receipt of federal \nmoney. The spending must be in pursuit of the \ngeneral welfare, and the condition must be unambigu\nous, related to some federal interest, and not barred by \nany other provision ofthe Constitution. South Dakota \nv. Dole, 483 U.S. 203, 107 S.Ct. 2793 (1987). [Cases: \nUnited States ':::;::::>82(2).] \ndoli capax (doh-h kay-paks), adj. [Latin \"capable of \nwrong\"] Roman law. Capable ofcommitting a crime or \ntort; esp., old enough to determine right from wrong. \nAlso termed capax doli. Cf. DOLI INCAPAX. \n\"In criminal cases, an infant of the age of fourteen years \nmay be capitally punished for any capital offence: but under \nthe age of seven he cannot. The period between seven \n\n557 domestic \nand fourteen is subject to much incertainty: for the infant \nshall, generally speaking, be judged prima facie innocent; \nyet if he was doli capax, and could discern between good \nand evil at the time of the offence committed, he may be \nconvicted and undergo judgment and execution of death, \nthough he hath not attained to years of puberty or discre\ntion. 1 William Blackstone, Commentaries on the Laws of \nEngland 452-53 (1765). \ndoli incapax (doh-h in-kay-paks), adj. [Latin \"incapa\nble of wrong\"] Roman law. Incapable of committing \na crime or tort. -Also termed incapax doli. Cf. DOLI \nCAPAX. \ndollar-cost averaging, n. The investment practice ofpur\nchasing a fixed dollar amount of a type of security at \nregular intervals. \ndolo (doh-Ioh), n. [Spanish] Spanish law. Fraud or deceit; \nbad or mischievous design, \ndolo circumventus (doh-loh sar-kam-ven-tas). [Latin] \nHist. Overreached by fraud. \ndolose (da-Iohs or doh-Iohs). [Latin] Hist. Fraudulent; \ndeceitful; malicious. \ndolus (doh-las). [Latin \"device; artifice\"] Roman & civil \nlaw. 1. Fraud or deceit; conduct intended to deceive \nsomeone; bad faith,  Although there may be dolus \nwithout fraud, fraud alwavs includes dolus. Cf, CASUS \n(1); CULPA (1). 2. Intention~l aggression; willful injury, \nesp. to another's property. -Also termed dolus malus; \nfraus. \n\"In the twelfth century the resuscitated Roman law intro\nduced some new ideas. Men began to contrast, as Glanvill \ndoes, civil with criminal causes, to speak of dolus and culpa \nand casus, and to lay stress on the psychical element in \ncrime.\" 2 Frederick Pollock & FrederiC W. Maitland, History \nof English Law Before the Time of Edward I 477 (2d ed. \nlB99). \n\"Although the word malitia is not unknown to the Roman \nlawyers, the usual and technical name for wrongful intent \nis dolus, or more specifically dolus malus. Dolus and culpa \nare two forms of mens rea. In a narrower sense, however, \ndolus includes merely that particular variety of wrongful \nintent which we term fraud ~that is to say, the intent \nto deceive. From this limited sense it was extended to \ncover all forms of wilful wrongdoing. The English term \nfraud has never received an equally wide extension.\" John \nSalmond, Jurisprudence 385 (Glanville L. Williams ed., 10th \ned. 1947). \ndolus bonus (doh-IdS boh-nas). [Latin \"good deceit\"] \nShrewdness or justifiable deceit, as when a person lies \nto an attacker to prevent an assault. Dolus bonus \ndoes not produce any legal consequences. \ndolus dans locum contractui (doh-las danz loh-kam \nkan-trak-choo-I). [Latin] Fraud (or deceit) giving rise \nto the contract; specif., a fraudulent misrepresenta\ntion that, having been made by one of the parties to \nthe contract and relied on by the other, was actually \ninstrumental in inducing the latter to enter into the \ncontract. \ndolus incidens (doh-l<)s in-si-denz). [Law Latin] Hist. \nFraud incidental; fraud that does not affect the essen\ntial terms of an agreement. dolus malus (doh-las mal-as). [Latin \"bad or evil \ndeceit\"] Evil or fraudulent design or intent; an unjus\ntifiable deceit. \nDOMA. abbr. DEFENSE OF MARRIAGE ACT. \ndomain (doh-mayn), n. (I5c) 1. The territory over which \nsovereignty is exercised <the 19th-century domains of \nthe British Empire>. 2. An estate in land <the family \ndomain is more than 6,000 acres>. 3. The complete and \nabsolute ownership ofland <his domain over this land \nhas now been settled>. See EMINENT DOMAIN; PUBLIC \nDOMAIN. \ndomain name. 'Ihe words and characters that website \nowners designate for their registered Internet addresses. \n All domain names have at least two levels. The first\nlevel domain name identifies the registrant's category \nas, e.g., a commercial site (.com), a governmental insti\ntution (.gov), an educational institution (.edu), a non\nprofit group (.org), or a discussion group (.net). The \nsecond-level domain name is the unique identifier for \nthe user in a particular category <rhapsangel.com> \n<rhapsangel.org>. A second-level domain name may be \nprotected under trademark law but first-level domain \nnames are not. In some circumstances, the entire \ndomain name may be validly registered as a trademark. \nBut trademark rights are not automatically created by \nregistering a domain name. See INTERNET-PROTOCOL \nADDRESS. [Cases: Telecommunications <:::=> 1330.] \ndomain-name infringement. See INFRINGEMENT. \ndomboc. See DOOMBOOK. \nDombrowski doctrine. (1965) A short-lived rule that \nentitled a person to seek a federal-court injunction to \nprevent prosecution under a broad or vague state statute \nthat affects rights guaranteed by the First Amendment. \nDombrowski v. Pfister, 380 U.S. 479, 85 S.Ct. 1116 (1965). \n The doctrine was greatly cut back six years after it was \nannounced, when the Supreme Court ruled that a spec\nulative First Amendment chilling effect does not Justify \nfederal-court intervention in state affairs. Younger v. \nHarris, 401 U.S. 37, 91 S.Ct. 746 (1971). [Cases: Courts \n<:::=>508.] \ndomebook. See DOOMBOOK. \nDomesday Book (doomz-day). The census or survey, \nordered by William the Conqueror and substantially \ncompleted in 1086, of England's landholdings, build\nings, people, and livestock. -Abbr. D.B. -Also \nspelled Doomsday Book. \n\"Domesday Book had several variant names ~ Uber de \nWintonia, Rotulus Wintoniae, Scriptura Thesauri Regis. Libel' \nRegiS, Libel' judiciarius, Censualis Angliae, Angliae Notitia \net Lustratio, Rotulus RegiS, Libel' de Thesauro, Exchequer \nDomesday . .. , Domesday Book had as its main object a \nfiscal one, and a limited fiscal one at that. Beyond that it \ndoes not profess to go, and if we get any further informa\ntion from it as to contemporary law and society, we get it \nas an indirect consequence.\" Percy H. Winfield, The Chief \nSources ofEnglish Legal History 11 0-11 (1925). \ndomestic, adj. (15c) 1. Of or relating to one's own \ncountry <domestic affairs>. 2. Of or relating to one's \nown jurisdiction <in Alaska, a domestic corporation is \n\n558 domestic abuse \nan Alaskan one>. 3. Ofor relating to the family or the \nhousehold <a domestic dispute>. \ndomestic abuse. See domestic violence under VIOLENCE. \ndomestic animal. See ANIMAL. \ndomestic asset-protection trust. See asset-protection \ntrust under TRUST (3). \ndomesticated animal. See ANIMAL. \ndomestic authority. (1833) 1. The legal power to use \nnondeadly force when reasonably necessary to protect \na person for whom one is responsible. 2. A defense \nallOWing a person responsible for another (such as a \nparent responsible for a child) to use nondeadly force \nwhen reasonably necessary to protect the person being \ncared for. [Cases: Assault and Battery(;=:> 14,68.] \ndomestic bill. See BILL (6). \ndomestic corporation. See CORPORATION. \ndomestic court. See COURT. \ndomestic creditor. See CREDITOR. \ndomestic dispute. (1890) A disturbance, usu. at a resi\ndence and usu. within a family, involving violence and \noften resulting in a call to a law-enforcement agency. \nAlso termed domestic disturbance;family disturbance. \nSee domestic violence under VIOLENCE. [Cases: Protec\ntion of Endangered Persons (;=:>45.J \ndomestic disturbance. See DOMESTIC DISP'GTE. \ndomestic export. See EXPORT (1). \ndomestic fixture. See FIXTURE. \ndomestic guardian. See GUARDIAN. \nDomestic International Sales Corporation. A U.S. cor\nporation, esp. a subsidiary whose income is primar\nily attributable to exports . Income tax on part of a \nDISC's income is usu. deferred, resulting in a lower \noverall corporate tax for the parent than it would other\nwise incur. IRC (26 USCA)  991-997. Abbr. DISC. \n[Cases: Internal RevenueC=AlI8.] \ndomestic judgment. See JUDGMENT. \ndomestic partnership. l. A nonmarital relationship \nbetween two persons of the same or opposite sex who \nlive together as a couple for a significant period of \ntime. 2. A relationship that an employer or govern\nmental entity recognizes as equivalent to marriage for \nthe purpose of extending employee-partner benefits \nother"}
{"text": "relationship that an employer or govern\nmental entity recognizes as equivalent to marriage for \nthe purpose of extending employee-partner benefits \notherwise reserved for the spouses of employees. Cf. \nCIVIL UNION; same-sex marriage under MARRIAGE \n(1). [Cases: Marriage 13,17.5,22,54.] domestic \npartner, n. \ndomestic-partnership law. A legislative enactment, \noften a municipal ordinance, that grants unmarried \nadults living in economically or emotionally based rela\ntionships, regardless of their sexual preference, some \nof the rights of a civil marriage without attempting to \nchange the traditional definition of marriage. [Cases: ending when the partners stop sharing a primary resi\ndence. See DOMESTIC PARTNERSHIP. \ndomestic-partnership property. See PROPERTY. \nDomestic Policy Council. See OFFICE OF POLICY DEVEL\nOPMENT. \ndomestic relations. See FAMILY LAW (1). \ndomestic-relations court. See family court under \nCOURT. \ndomestic-relations exception. Ihe exclusion of suits \nregarding the granting ofdivorce, alimony, and child \ncustody from federal diverSity jurisdiction . The \ndomestic-relations exemption to federal diverSity juris\ndiction originated as dictum in Barber v. Barber, 62 U.S. \n(21 How.) 582 (1858). Federal courts do not have juris\ndiction to grant divorces, award alimony, or determine \nchild custody. In general, matters ofdomestic relations \nare left to the states. But the federal courts may hear \nother diversity matters involving family members, \nsuch as tort claims or suits seeking to enforce alimony \norders. Ankenbrandt v. Richards, 504 U.S. 689, 112 S.Ct. \n2206 (1992). [Cases: Federal Courts \ndomestic-relations law. See FAMILY LAW (1). \ndomestic servant. A household servant. Often short\nened to domestic. \ndomestic terrorism. See TERRORISM. \ndomestic tort. See marital tort under TORT, \ndomesticus (da-mes-ti-kas), n. [Latin] Hist. Steward; \njudge's assistant; assessor. \ndomestic violence. See VIOLENCE. \ndomicellus (dom-a-sel-as), n. [Law Latin] Hist. 1. A king's \nnatural son in France. 2. A young lord. \n\"Domicellus, Is an old obsolete ... Word, anciently given \nas an Appellation or Addition to the King's natural Sons \nin France, and sometimes to the eldest Sons of Noblemen \nthere; from whence we borrowed these Additions: As \nseveral natural Children of John of Gaunt, Duke of Lan \ncaster, are stiled Domicelli by the Charter of Legitima\ntion.... But according to Thorn, the Domicelli were only \nthe better Sort of Servants in Monasteries.\" Giles Jacob, A \nNew Law-Dictionary (8th ed. 1762). \ndomicile (dom-a-sIl), n. (15c) 1. The place at which a \nperson has been phYSically present and that the person \nregards as home; a person's true, fixed, principal, and \npermanent home, to which that person intends to \nreturn and remain even though currently reSiding \nelsewhere. A person has a settled connection with \nhis or her domicile for legal purposes, either because \nthat place is home or because the law has so deSignated \nthat place. Also termed permanent abode; habitancy. \n[Cases: Domicile Federal Courts C-::;282.] \n\"By domicile we mean home, the permanent home; and if \nyou do not understand your permanent home, I am afraid \nthat no illustration drawn from foreign writers or foreign \nlanguages will very much help you to it.\" Whicker v. Hume \n(1858) 7 H.L.e. 124, 160 (per Lord Cranworth). \n\"It is difficult to give a definition of domicil that will cover \nat once domicil by operation of law and domicil by choice. domestic-partnership period. The period beginning The idea of domicil certainly includes the idea of place and \nwhen domestic partners begin living together and the idea of settled connection with the place. Domicil of Marriage \n\n559 \nchoice is so closely connected with the idea of home that \nit seems desirable to include that idea in any definition, \nand yet the idea is not applicable to many kinds of domicil \nby operation of law. It has therefore seemed best to state \nthis element in the alternative. If a home is in the place, \nthat is sufficient. If there is no home, or if the party is not \nsui juris, then the place is assigned by law without his will.\" \n1 Joseph H. Beale, A Treatise on the Conflict of Laws  9.1, \nat 89-90 (1935). \n\"A person's domicile is the place with which that person \nis most closely associated his or her 'home' with all the \nconnotations of that word. A person can be domiciled in \na nation, a state of the United States, a city, or a house \nwithin a city. He or she can have a domicile within a broader \ngeographical designation without having a domicile in a \nnarrower geographical designation. For example, a person \nmay be domiciled in a state without being domiciled within \nany particular city within the state. For interstate choiceof\nlaw purposes, it is the state in which a person is domiciled \nthat is significant.\" Russell J. Weintraub, Commentary on \nthe Conflict of Laws  2.2, at 14 (4th ed. 2001). \n2. The residence of a person or corporation for legal \npurposes. -Also termed (in sense 2) legal residence; \ndomicile by operation oflaw. Cf. RESIDENCE; PLACE OF \nBUSINESS. Also spelled (in BrE) domicil. \n\"Tax statutes frequently speak in terms of residence, \nintending it to be the equivalent of domicile. For example, \nthe New York estate tax speaks in terms of residence and \nnon-residence. Similarly ... , the United States imposes an \nestate tax on any resident or citizen of the U.S. Although \nboth statutes use the term 'reSidence,' its usage has been \nconstrued to mean 'domicile.'\" Robert C. Lawrence III, \nInternational Tax and Estate Planning  1.03(a)(4), at 8-9 \n(1989). \nafter-acquired domicile. (l858) A domicile established \nafter the facts relevant to an issue arose . An after\nacquired domicile cannot be used to establish juris\ndiction or choice oflaw. \ncommercial domicile. (1839) 1. A domicile acquired by \na nonresident corporation conducting enough activi\nties to permit taxation of the corporation's property \nor activities located outside the bounds ofthe taxing \nstate. 2. A domicile acquired by a person or company \nfreely residing or carrying on business in enemy ter\nritory or enemy-occupied territory. -Also termed \nquasi-domicile. \ncorporate domicile. (1890) The place considered by law \nas the center of corporate affairs, where the corpora\ntion's functions are discharged; the legal home of a \ncorporation, usu. its state of incorporation or the state \nin which it maintains its principal place of business . \nFor purposes ofdetermining whether diversity juris\ndiction exists in federal court, a corporation is consid\nered a citizen of both its state of incorporation and the \nstate ofits principal place ofbusiness. See DIVERSITY \nOF CITIZENSHIP. [Cases: Corporations C=>52, 503(1); \nFederal Courts C=>296; Taxation C=>2562, 3486.] \ndomicile ofbirth. See domicile oforigin. \ndomicile ofchoice. (1878) 1. A domicile established by \nphysical presence within a state or territory, coupled \nwith the intention to make it home. [Cases: Domicile \n2. The domicile that a person chooses after \nreaching majority or being emancipated. domiciliary administration \ndomicile oforigin. (1831) The domicile of a person at \nbirth, derived from the custodial parent or imposed \nby law. -Also termed natural domicile; domicile of \nbirth; original domicile. See necessary domicile. [Cases: \nDomicile (;=3.) \n\"Domicil is sometimes divided into domicil of birth, that \nby operation of law, and that of choice. Domicil of origin \nin modern times is domicil in the place where his parents \nat his birth were domiciled.\" Theodore D. Woolsey, Intro \nduction to the Study of International Law  71, at 105 n.2 \n(5th ed. 1878). \n\"Domicile of origin is the domicile the law assigns to each \nperson at birth, usually the domicile of the father in the \ncase of a legitimate child and of the mother in the case of \nan illegitimate child. Domicile of origin has particular sig\nnificance in English law. If one abandons one's domiCile of \nchoice without attaining a new one, the domicile of origin \n'revives' until a new domicile of choice is attained_ In \ncontrast, U.s. jurisdictions generally will not find a domicile \nabandoned until a new one has been adopted.\" Robert C. \nlawrence III, International Tax and Estate Planning  1.03(a) \n(1), at 4 (1989). \ndomicile ofsuccession. (1874) The domicile that deter\nmines the succession ofa person's estate. \ndomicile oftrustee. lhe domicile where a trustee is \nappointed. [Cases: Trusts \nelected domicile. A contractually agreed domicile \nbetween parties for purposes ofthe contract. \nforeign domicile. A domicile established by a citizen \nor subject of one sovereignty within the territory of \nanother. \nmatrimonial domicile. A domicile that a husband and \nWife, as a married couple, have established as their \nhome. - Also termed marital domicile; matrimonial \nhome. [Cases: Divorce (;=62; Husband and Wife \n3(1).] \nmunicipal domicile. A person's residence in a county \nor municipality, as distinguished from the person's \nstate or national domicile. \nnational domicile. A domicile considered in terms of \na particular nation rather than a locality or subdivi\nsion ofa nation. \nnatural domicile. See domicile oforigin. \nnecessary domicile, A domicile lcgallyfixed and inde\npendent of choice, as in the domicile oforigin. See \ndomicile oforigin. \noriginal domicile, See domicile oforigin. \nquasi-domicile. See commercial domicile. \nquasi-national domicile. A person's state of residence, \nas distinguished from the person's national or local \ndomicile. \ndomiciliary (dom-;}-sil-ee-er-ee), adj. (I8c) Ofor relating \nto domicile <domiciliary jurisdiction>. \ndomiciliary (dom-;}-sil-ee-er-ee), n. (1845) A person \nwho resides in a particular place with the intention of \nmaking it a principal place of abode; one who is domi\nciled in a particular jurisdiction. Cf. RESIDENT; CITIZEN \n(1). \ndomiciliary administration. See ADMINISTRATION. \n\n560 domiciliary administrator \ndomiciliary administrator. See ADMINISTRATOR (2). \ndomiciliary letters testamentary. See LETTERS TESTA\nMECIITARY. \ndomiciliary parent. See PARENT. \ndomiciliate (dom-a-sil-ee-ayt), vb. To establish a \ndomicile; to fix a place ofresidence. \ndomiciliation (dom-i-sil-ee-ay-sh.m), n. The act ofestab\nlishing a domicile. \ndomicilium (dom-;l-sil-ee-;lm), n. [Law Latin] Roman \nlaw. DOMICILE. \ndomiger~um (dom-;l-jeer-ee-am), n. [Law Latin] Hist. 1. \nPower over someone. 2. Danger. \ndomina (dom-d-nd), n. [Law Latin]!. A lady. 2. A peeress. \nCf. DAME (1), (2). \ndominant estate. See ESTATE (4). \ndominant-jurisdiction principle. (1995) The rule that \nthe court in which a case is first filed maintains the suit, \nto the exclusion ofall other courts that would also have \njurisdiction. [Cases: Courts <~)475, 493, 514; Federal \nCourts 1145.] \ndominant property. See dominant estate under ESTATE \n(4). \ndominant tenant. See TENANT. \ndominant tenement. See dominant estate under ESTATE \n(4). \ndominate, vb. (17c) L To master (someone or something); \nto control (someone or something). 2. Predominate. \ndominating patent. See fencing patent under PATENT \n(3). \ndominatio (dom-d-nay-shee-oh), n. [Latin] Hist. \nLordship; rule. \ndomination. Patents. The effect that an earlier patent \n(usu. a basic one) has on a later patent (esp. one for \nimprovements on the patented device) because the \nearlier patent's claims are so broad or generic that the \nlater patent's invention will always read on the earlier \npatent's claims, resulting in infringement.  Because \nthe patent system is based on exclusion of others from \nan invention's subject matter, the earlier, basic patent's \nclaims \"dominate\" the later-invented improvement. If \nthe improvement is patented and worked, it infringes \nthe basic patent. But the basic patent's owner cannot \npractice the improvement without infringing on the \nimprovement's patent. This stand-off effect encourages \nimprovement and basic-patentees to seek licenses or \ncross-licenses with each other. See BLOCKING PATENT. \ndominical (d<l-min-<l-k<lI), adj. Ofor relating to a Sunday; \nofor relating to the Lord's day. \nDominican divorce. See Mexican divorce under \nDIVORCE. \ndominidde (d;l-min-d-sId), n. [fr. Latin dominus \n\"master\" + caedo \"to kill\"] Hist. 1. The crime ofkilling \none's master. 2. A person who kills his or her master. dominicum (d<l-min-<I-k;lm), n. [Latin \"domain\"]!. Hist. \nDomain; lordship. 2. Hist. Land ownership, esp. that \nretained by a lord for his own possession, as distin\nguished from the rights given to a"}
{"text": "Hist. Land ownership, esp. that \nretained by a lord for his own possession, as distin\nguished from the rights given to a tenant. 3. Eccles. law. \nA church or other religiOUS building. \ndominicum antiquum (d;l-min-;l-bm an-tl-kw<lm), n. \n[Law Latin] Hist. Ancient domain. \ndominion. (l4c) 1. Control; possession <dominion over \nthe car>. 2. Sovereignty <dominion over the nation>. \n3. FOREIGN DOMINION. \ndominium (d;l-min-ee-<Im), n. [fro Latin dominus \"lord\"] \n1. Roman & civil law. Absolute ownership including \nthe right to possession and use; a right ofcontrol over \nproperty that the holder might retain or transfer at \npleasure. Dominium was subject to any servitudes, \nplanning restrictions, etc. This term gradually came \nto also mean merely ownership of property, as distin\ngUished from the right to possession or use. \n\"Dominium is the Roman term for the rights of an owner \nagainst all the world: and the contrast of dominium and \nobligatio is the nearest approach that can be made, in clas\nsical Roman language, to the distinction marked by the \nmodern terms in rem and in personam.\" Frederick Pollock, \nA First Book ofJurisprudence 83 (1896). \n'The one word dominium has to assume so many shades \nof meaning. The tenant qui tenet terram in dominio, is \ndominus rei and has dominium rei; but then he has above \nhim one who is his dominus, and for the rights of this lord \nover him and over his land there is no other name than \ndominium.\" 2 Frederick Pollock & Frederic W. Maitland, The \nHistory of English Law Before the Time of Edward 14 (2d \ned.1899). \ndominium directum (dd-min-ee-<lm di-rek-t<lm), n. \n[Law Latin]l. Civil law. Legal, not equitable, owner\nship. 2. Feudal law. The right of the superior ofland \nover a tenant. \ndominium directum et utile (d<l-min-ee-<lm di-rek\nt<lm et yoo-t<l-lee), n. [Law Latin] Civil law. Complete \nownership ofproperty, including both title and exclu\nsive use. \ndominium eminens (d<l-min-ee-dm em-d-nenz), n. \n[Law Latin] Civil law. Eminent domain. See EMINENT \nDOMAIN. \ndominium ex jure quiritium (d<l-min-ee-dm eks \njoor-ee kWI-rish-ee-<lm). Roman law. Ownership \nexercised by Roman citizens in the most complete \nmanner (pleno jure), the property being domestic (not \nforeign) and having been acquired according to all the \nforms oflaw. -Also termed dominium quiritarium; \ndominium legitimum. \ndominium legitimum (ld-jit-i-mdm). See dominium ex \njure quiritium. \ndominium plenum (dd-min-ee-<lm plee-ndm), n. [Law \nLatin] Civil law. Full ownership combining dominium \ndirectum and dominium utile. -Also termed plenum \ndominium. \ndominium quiritarium (kwI-rJ-tair-ee-<lm). See \ndominium ex jure quiritium. \n\ndominium utile (d<J-min-ee-<Jm yoo-t<J-lee), n. [Law \nLatin) Civil law. Equitable ownership; a beneficial \nright to use property; the right of a tenant to use the \nsoil and its profits. \n\"The special characteristic of Feudal land was that owner\nship in it was split into two kinds, the dominium directum \nof the superior (lord) and the dominium utile of the vassal. \nThe feudists correctly insisted that this was not a form of \njoint ownership, not yet of ownership burdened with an \neasement or a 'usufruct,' but that two kinds of ownership \nwere present, and that each of these persons, the lord \nand the vassal, was properly called 'owner' or dominus. \nThe lord's dominium directum gave him a reversion in the \ncase of forfeiture of failure of issue and the enjoyment of \nwhatevef the naturalia and accidentalia were. The vassal's \ndominium utile gave him the immediate enjoyment of the \nland itself.\" Max Radin, Handbook ofAnglo-American Legal \nHistory 148 (1936). \nnudum dominium (dd-min-ee-,Hn n[y)oo-ddm). [Latin \n\"bare ownership\"] Roman Law. Ownership divorced \nfrom present possession or use. \nplenum dominium. See dominium plenum. \n2. Hist. Lordship; sovereignty. \n'The Latin word for ownership, dominium, is particularly \nconfusing, since in medieval times it is also the word \nfor lordship.\" J,H. Baker, An Introduction to English Legal \nHistory 255 (3d ed, 1990). \ndomino volente (dom-d-noh vd-len-tee). [Law Latin \"the \nowner being willing\"] With the owner's consent. \ndominus (dom-d-n<Js), n. [Latin \"lord\"]!. Roman law. \nAn owner of a thing or inheritance. 2. Roman law. \nThe title of the emperor in the later empire. 3. Hist. A \nlord; a feudal superior, as in dominus rex (\"the lord of \nthe king\"), dominus capitalis (\"a chieflord\"), dominus \nmedius (\"an intermediate lord\"), and dominus ligius \n(\"a liege lord\"). 4. Hist. Eccles. law. Lord; sir, -This is a \ntitle ofdistinction usu. given to a knight, a clergyman, \na lord of a manor, or another gentleman of quality. 5. \nCivil law. Someone who possesses something by right. \nPI. domini. \ndominus directus (dom-<J-n<Js di-rek-t<Js). [Law Latin] \nHist. The immediate feudal superior. \ndominus litis (dom-d-n<Js h-tis), n. [Latin) 1. Civil law. \nThe party who makes the decisions in a lawsuit, usu. \nas distinguished from the attorney. 2. Maritime law. \nA third person who represents an absent party in a \ncase. Also termed litis dominium. \ndominus navis (dom-<l-n<ls nay-vis), n. [Latin] Civil law. \nThe absolute owner ofa shipping vessel. \ndominus omnium bonorum (dom-<J-n<Js ahm-nee-<'lm \nba-nor-<Jm). [Law Latin] Hist. Proprietor ofall movable \ngoods. -The phrase formerly described a husband who \nowned goods in common with his wife. \ndomitae naturae (dom-a-tee n<J-tyoor-ee). [Latin] Hist. \nOf a tame nature; not wild. _ This term usu. refers to \nlong-domesticated animals, such as sheep or cattle, \nin which a person has absolute property rights. But it \ncan also refer to naturally wild animals that have been \ntamed. dommage survenu (daw-mazh suur-vd-noo). [French) \nDamage sustained. -This is from article 17 of the \nWarsaw Convention providing for compensatory \ndamages, rather than awards for loss of society or \npunitive damages, for bodily injury that a passenger \nsuffers while on board an aircraft, or while boarding or \ndisembarking. [Cases: Carriers 319.] \ndomo reparanda (doh-moh rep-<J-ran-da), 11. [Latin \"to \nrepair a house\"] Hist. A writ available to a person to \nforce a neighbor who owns a decrepit house to repair it \nbecause the person is worried that the neighbor's house \nwill fall and cause injury. \nDom. Proc. abbr. DOMUS PROCERUM. \ndomus (doh-m<Js), n. [Latin] A house; an abode. \ndomus conversorum (doh-mds kon-vdr-sor-<Jm), n. \n[Law Latin \"house of the converts\"] Hist. An institu\ntion, established by Henry III for converted Jews, that \ncontinued until Edward III expelled Jews from the \nkingdom and converted the institution to a chancery \nrecord office. \ndomus Dei (doh-m<Js dee-I), n. [Law Latin] House of \nGod. -This term was applied to various hospitals and \nreligiOUS houses, such as the Hospital of St. Julian in \nSouthampton. \nDomus Procerum (doh-mas pros-<J-r;Jm), n. [Latin \n\"house of nobles\") The House of Lords. Abbr. Dam. \nProc.;D.P. \ndonatarius (doh-nd-tair-ee-<Js), 11. [Latin] A donee; a gift \nrecipient. \ndonate, vb. (ISc) To give (property or money) without \nreceiving consideration for the transfer. donation, \nn. donative (doh-n<'l-tiv), adj. \ndonated stock. See STOCK. \ndonated surplus. See SURPLUS. \ndonatio (doh-nay-shee-oh). [Latin) A gift. \ndonatio causa mortis (doh-nay-shee-oh kaw-z<J mor\ntis), n. See gift causa mortis under GIFT. PI. donationes \ncausa mortis. \ndonatio inofficiosa (doh-nay-shee-oh in-<J-fish-ee\noh-sJ). [Latin \"inofficious gift\") A gift so large that it \ndiminishes an heir's birthright portion of the donor's \nproperty. \ndonatio inter virum et uxorem (doh-nay-shee-oh in-tdr \nVI-r<lm et ak-sor-am). [Latin] Roman law. Donation \nbetween husband and wife. -With a few exceptions \n(such as suitable anniversary gifts), a donation between \nspouses was invalid, but might be confirmed if the \ndonor died without revoking it. \ndonatio inter vivos (doh-nay-shee-oh in-t<Jr vI-vohs). \nSee il1ter vivos gift under GIFT. \ndonatio mortis causa, n. See gift causa mortis under \nGIFT. PI. donationes mortis causa. \ndonation. 1. A gift, esp. to a charity. [Cases: Gifts \nI.J \n\n562 donation act \ndonation purely gratuitous. Louisiana law. An uncon\nditional inter vivos gift. Cf. onerous donation. [Cases: \nGifts \nonerous donation. Civil law. An inter vivos gift \nburdened with a condition imposed by the donor . \nThere is no gift unless the gift's value is more than \ntwice as much as the condition's value to the donor. \nLa. Civ. Code arts. 1524, 1526. Cf. donation purely \ngratuitous. [Cases: Gifts \nremunerative donation. Civil law. An inter vivos gift \nmade to compensate a person for services rendered . \nIt is nqt a gift unless the value ofthe property given is \nmore than twice as much as the value ofthe services. \nLa. Civ. Code arts. 1525, 1526. [Cases: Gifts \n2. Eccles. law. A method of acquiring a benefice by \ndeed of gift alone, without presentation, institution, \nor induction. \ndonation act. Hist. Property. A statute granting public \nlands to settlers who satisfy certain conditions or to \nveterans as a reward for military service. See donation \nland, bounty land under LAND. [Cases: Public Lands \n~42.] \ndonation claim. See CLAIM (3). \ndonation deed. See DEED. \ndonation land. See LAND. \ndonatio propter nuptias (doh-nay-shee-oh prahp-tdr \nnap-shee-ds). [Latin \"a gift on account of marriage\"] \nRoman law. A gift from a husband to his wife equiva\nlent to her dowry and subject to similar conditions. \n It was formerly called donatio ante nuptias (\"gift \nbefore marriage\") because it was not allowed after the \nmarriage celebration. Justinian later changed the law \nand the name. See DOS. \ndonatio velata (doh-nay-shee-oh vi-Jay-t.:l). [Latin] Hist. \nA veiled gift; a concealed gift. \ndonative (don-d-tiv ordoh-nd-tiv), adj. 1. Of, relating to, \nor characterized by a donation <a donative transter>. 2. \nSubject to a donation <an advowson donative>. \ndonative advowson. See advowson donative under \nADVOWSON. \ndonative intent. See INTENT (1). \ndonative trust. See TRUST. \ndonator (doh-nay-t.:lf ordoh-nay-t.:lr also -tor), n. [Latin] \nA donor; a person who makes a gift. \ndonatory (don-.:l-tor-ee or doh-nrl-tor-ee), n. Scots law. A \nrecipient ofa gift; specif., a donee ofthe Crown. \n\"A donatory is the donee or receiver of a gift or donation. \nIn practice, the term is applied exciusively to the person \nto whom the Crown makes a gift. as of escheat, ultimus \nhaeres, or the like.\" William Bell, Bell's Dictionary and Digest \nof the Law ofScotland 299 (George Watson ed., 1882). \ndonee (doh-nek). (Latin] Hist. As long as; while; until; \nwithin a certain time . This term was used in old con\nveyances. donee probetur in eontrarium (doh-nek proh-bee-t.:lr \nin k.:ln-trair-ee-dm). [Latin] Until prooCis given to the \ncontrary. \ndonee (doh-nee). (16c) L One to whom a gift is made; \nthe recipient of a gift. 2. The person in whose favor a \npower ofappointment is created or reserved. See DONEE \nOF POWER. \ndonee beneficiary. See BENEFICIARY. \ndonee of power. (18c) A person who has been given a \npower of appointment, i.e., the power to dispose of \nsomeone else's property. Often shortened to donee. \nSee DONEE (2). Cf. DONOR (3). \ndonor. (15c) 1. One who gives something without receiv\ning consideration for the transfer. 2. SETTLOR (1). 3. The \nperson who creates or reserves a power ofappointment. \nCf. DONEE"}
{"text": "TLOR (1). 3. The \nperson who creates or reserves a power ofappointment. \nCf. DONEE OF POWER. \ndonor-advised fund. See donor-advised trust under \nTRUST (3). \ndonor-advised trust. See TRUST (3). \ndo-not-resuscitate order. A document, executed by a \ncompetent person, directing that if the person's heart\nbeat and breathing both cease while in a hospital, \nnursing home, or similar facility, no attempts to restore \nheartbeat or breathing should be made. -Abbr. DNR \norder. -Also termed advance directive. [Cases: Health \n~915.] \nout-of-hospital do-not-resuscitate order. A do-not\nresuscitate order, executed by a person who has been \ndiagnosed by a physician as having a terminal condi\ntion, directing healthcare professionals to withhold \ncertain life-sustaining treatments when acting outside \na hospital or similar facility. -Abbr. OOH-DNR \norder. \ndonum (doh-ndm), n. [Latin \"a gift\"] Roman law. A gift. \ndonum gratuitum. See gratuitous gift under GIFT. \ndoom, n. Hist. 1. A statute or law. 2. A judgment; esp., a \nsentence in a criminal matter. 3. Justice; fairness. 4. A \ntrial; the process ofadjudicating. \n\"The word 'doom' is, perhaps, best translated as 'judgment.' \nIt survived in occasional use until the fourteenth century. \nWyclif's translation of the Bible, rendering the verse, 'For \nwith what judgment ye judge, ye shall be judged: as 'For \nin what dome ye demen, ye schuln be demed.' The distinc\ntion which we make to-day between the legislator, who \nmakes the law, and the judge, who interprets, declares \nand applies it, was not known to our Anglo-Saxon ances\ntors. The dooms were judgments in the sense that they \nwere declarations of the law of the people.\" W.J.V. Windeyer, \nLectures on Legal History 1 (2d ed. 1949). \ndoombook, n. [fro Saxon dombec] Hist. A code, compiled \nunder Alfred, containing maxims of common law, \njudicial forms, and criminal penalties. -The code \nexisted until the reign of Edward IV, when it was \nlost. -Also termed domebook (doom buuk); domboc; \nliber judicialis ofAlfred. \nDoomsday book. See DOMESDAY BOOK. \ndoor-dosing statute. (1960) A state law closing or \ndenying access to local courts unless a plaintiff meets \n\n563 double-breasted operation \nspecified conditions; esp., a statute requiring a foreign \ncorporation to \"qualify\" before doing business in the \nstate, including registering with the secretary of state, \npaying a fee or tax, and appointing an agent to receive \nservice of process. [Cases: Corporations C:::>661(2), (6); \nCourts C:::>6, 14.) \ndoorkeeper. Parliamentary law. An officer charged with \nregulating access to the chamber or hall where a delib\nerative assembly meets. Also termed guard. \ndoorstep loan. See LOAN. \ndoowop docket. Slang. See DWOP docket under DOCKET \n(2). \ndope. 1. A thick liquid used esp. for medicinal purposes. \n2. Slang. A drug, esp. a narcotic. [Cases: Controlled \nSubstances C:::>9.] \ndormant (dor-mimt), adj. (ISc) Inactive; suspended; \nlatent <a dormant judgment>. -dormancy, n. \ndormant claim. (18c) A claim that is in abeyance. \nDormant Commerce Clause. See COMMERCE CLAUSE. \ndormant corporation. See CORPORATION. \ndormant execution. See EXECUTION. \ndormant judgment. See JUDGMENT. \ndormant legislative intent. See LEGISLATIVE INTENT. \ndormant partner. See silent partner under PARTNER. \ndormant title. See TITLE (2). \ndorsum (dor-s<\"lm). [Latin) Hist. The back . This term \nusu. appeared as part of the phrase in dorso to indicate \nthat an instrument had been signed on the back. In \ndorso recordi, for example, meant \"on the back of the \nrecord.\" \n\"In the first place then the payee, or person to whom or \nwhose order such bill of exchange or promissory note \nis payable, may by endorsement, or writing his name in \ndorso or on the back of it, assign over his whole property \nto the bearer, or else to another person by name ....\" 2 \nWilliam Blackstone, Commentaries on the Laws ofEngland \n468 (1766). \ndos (dos), n. [Latin) 1. Roman law. Dowry. \n\"Dos was a gift made to the husband on the part of the \nwife as her contribution towards the expenses of the joint \nestablishment. It was made by the wife or by another \nperson on her behalf, usually before marriage and condi \ntionally on the marriage taking place; but it might also be \nmade or increased after marriage.\" RW. Lee, The Elements \nof Roman Law 150 (4th ed. 1956). \ndos adventitia (dos ad-ven-tish-ee-d). [Latin) Roman \nlaw. A dowry brought by a bride to her husband when \nfurnished by someone other than the bride or her \nfather. \ndos profectitia (doB proh-fek-tish-ee-d). [Latin] Roman \nlaw. A dowry brought by a bride to her husband when \nfurnished by the bride's father or the bride herself. \ndos receptitia (dos ree-sep-tish-ee-d). [Latin] Roman \nlaw. A dowry (whether adventitia or proJectitia) that \nis specially stipulated to be returnable to the giver \nwhen the marriage ends. \n2. Hist. Dower. DoS attack. See DENIAL-OF-SERVICE ATTACK. \ndos rationabilis. See dower by the common law under \nDOWER. \ndossier (dos-ee-ay), n. [French] A file or brief; a bundle \nof papers pertaining to a particular matter. \nDOT. abbr. DEPARTMENT OF TRANSPORTATION. \ndot (dot or dawt), n. [French fro Latin dos] Civil law. \nDowry; the property that a woman brings to the \nmarriage to help with marriage expenses . The income \nis usu. controlled by the husband, while the principal \nremains the wife's separate property. \ndotage (doh-tij). 1. Senility; feebleness of a person's mind \nin old age. 2. Foolish affection; excessive fondness. \ndotal (doht-dl), adj. Of or relating to dowry. See \nDOWRY. \ndotalitium (doh-td-lish-ee-<\"lm), n. [Law Latin) Hist. \nDower. \n\"[S]ome have ascribed the introduction of dower to the \nNormans, as a branch of their local tenures; though we \ncannot expect any feodal reason for its invention, since it \nwas not a part of the pure, primitive, simple law of feuds, \nbut was first of all introduced into that system (wherein \nit was called ... dotalitium) by the emperor Frederick the \nsecond; who was contemporary with our king Henry III. It \nis possible therefore that it might be with us the relic of a \nDanish custom: since, according to the historians of that \ncountry, dower was introduced into Denmark by Swein, \nthe father of our Canute the great, out of gratitude to the \nDanish ladies, who sold all their jewels to ransom him when \ntaken prisoner by the Vandals.\" 2 William Blackstone, Com\nmentaries on the Laws ofEngland 129-30 (1766). \ndotal property. See PROPERTY. \ndotation (doh-tay-sh;m), n. 1. The act of giving a dowry. \n2. An endowment, esp. offunds for a charitable institu\ntion such as a hospital. \ndote (doht), vb.!. 1b be silly due to old age. 2. To bestow \nexcessive fondness. \ndote assignanda (doh-tee as-ig-nan-dd). See DE DOTE \nASSIGNANDA. \ndote unde nil habet (doh-tee om-dee nil hay-bet). See DE \nDOTE UNDE NIL HABET, \ndotis administratio (doh-tis ad-min-d-stray-shee-oh). \nSee DE ADMENSURATIONE DOTIS. \ndotissa (doh-tis-d), n. [Law Latin) A dowager. \ndouble agent. See dual agent under AGENT (2). \ndouble adultery. See ADULTERY. \ndouble assessment. See ASSESSMENT. \ndouble audit. See AUDIT. \ndouble-bill, vb. To charge two different clients or cus\ntomers the same charge; to charge two different cus\ntomers for services rendered to each customer at the \nsame time. \ndouble-breasted operation. An arrangement in which \na business owner operates both a union business and a \nsimilar nonunion business, to compete for both types \nofbusiness contracts. -Also termed open-shop-c1osed\nshop operation. \n\n564 double-breasting \ndouble-breasting. Labor law. The practice by a \ncommon owner of dividing its employees between \ntwo companies, one that is unionized and is party \nto a collective-bargaining agreement, and one that is \nnonunion. Also termed dual-shop operation. [Cases: \nLabor and Employment G~1289.] \ndouble commission. See COMMISSION (5). \ndouble complaint. See DUPLEX QUERELA. \ndouble creditor. See CREDITOR. \ndouble criminality. Int'llaw. The punishability of a \ncrime in both the country where a suspect is being \nheld an~a country asking for the suspect to be handed \nover to stand trial.  Double criminality is a require\nment for extradition. [Cases: Extradition and Detain\ners C=:o5.] \ndouble damages. See DAMAGES. \ndouble-declining depredation method. See DEPRECIA\nTION METHOD. \ndouble-dipping, n. (1975) An act of seeking or accept\ning essentially the same benefit twice, either from the \nsame source or from two different sources, as in simul\ntaneously accepting retirement and unemployment \nbenefits. [Cases: Unemployment Compensation \n575.] double-dipper, n. \ndouble-entry bookkeeping. See BOOKKEEPING. \ndouble forgery. See FORGERY. \ndouble-fraction problem. Oil & gas. A common ambi\nguity that arises when the owner of a fractional interest \nconveys or reserves a fractional interest. -For example, \nif the owner of an undivided half interest in minerals \nconveys \"an undivided half interest in the minerals,\" it \nis unclear whether the intention is to convey the owner's \nentire half interest or half of the owner's half interest. \n[Cases: Mines and Minerals C=:o55(5).J \ndouble gibbet. See GIBBET. \ndouble hearsay. See HEARSAY. \ndouble indemnity. See INDEMNITY. \ndouble insurance. See INSURANCE. \ndouble jeopardy. (1847) The fact of being prosecuted \nor sentenced twice for substantially the same offense . \n Double jeopardy is prohibited by the Fifth Amend\nment. In 2005, the United Kingdom abolished the \nrule for certain serious offenses, such as murder \nand hijacking. A court may quash an acquittal and \norder a retrial if new and compelling evidence of the \ndefendant's guilt is discovered, and the evidence was \nnot available before the acquittal. Only one retrial \nis allowed. Cf. FORMER JEOPARDY. [Cases: Double \nJeopardy 132.1.] \nDouble Jeopardy Clause. (1928) The Fifth Amendment \nprovision stating, \"nor shall any person be subject for \nthe same offence to be twice put in jeopardy of life or \nlimb.\"  The clause, which was ratified in 1791, does \nnot prevent postacquittal appeals by the government if \nthose appeals could not result in the defendant's being \nsubjected to a second trial for substantially the same offense before a second fact-trier. See United States \nv. Wilson, 420 U.S. 332, 95 S.Ct. 1013 (1975). [Cases: \nDouble Jeopardy \ndouble patenting. 1. Obtaining two patents covering \nthe same invention. _ An inventor is not allowed to \nreceive more than one patent on one invention. 37 CPR \n1.56. Also termed same-invention double patent\ning. [Cases: Patents 2. The issuance or obtain\ning of a patent for an invention that differs from an \nalready patented invention only in some unpatentable \ndetail. -Also termed obviousness double patenting. \n[Cases: Patents C=:o 120.] \njudicially created double patenting. Attempting to \npatent an invention that is an obvious variation of \nanother invention by the same inventor when the \nfirst invention has already been patented or has a \npending application. -Double patenting is grounds \nfor rejecting a patent application, limiting the term of \na patent through a terminal disclaimer, or invalidat\ning a patent. In re Longi, 225 U.S.P.Q. 645 (Fed. Cir. \n1985). A double-patenting challenge can be overcome \nby filing a terminal disclaimer. 37 CFR 1.321. -Also \ntermed obviousness-type double patenting. [Cases: \nPatents C=:o 120.] \nobviousness-type double patenting. 1. DOUBLE PAT\nENTING (2). 2. See judiCially created double patent\ning. \nsame-invention double patenting. See statutory double \npatenting. \nstatutory double patenting. Attempting to patent an \ninvention that is the same subject matter as another \ninvention by the same inventor, when the first inven\ntion has already been patented or has a pending patent \napplication. -Any double patenting is grounds for \ninvalidating a patent claim or rejecting a claim in a \npatent application. 35 USCA  lO1. -Also termed \nsame-invention double pat"}
{"text": "a claim in a \npatent application. 35 USCA  lO1. -Also termed \nsame-invention double patenting. \ndouble plea. See PLEA (3). \ndouble pleading. See DUPLICITY (2). \ndouble possession. See POSSESSION. \ndouble proof. See PROOF. \ndouble-proxy marriage. See MARRIAGE (3). \ndouble quarrel. See DlIPLEX QUERELA. \ndouble recovery. See RECOVERY. \ndouble rent. See RENT (1). \ndouble standard. (1900) A set of principles permitting \ngreater opportunity or greater lenience for one class of \npeople than for another, usu. based on a difference such \nas gender or race. See DISCRIMINATION. [Cases: Civil \nRights C=:o 1007, 1033(3).] \ndouble taxation. See TAXATION. \ndouble-taxation treaty. Int'llaw. An international agree\nment deSigned to ameliorate the legal and financial con\nsequences to taxpayers who have income that is taxable \nby two nations. [Cases: Internal Revenue C=:o4085.] \n\n565 dower \ndouble use. See USE (1). \ndouble value. Twice the value of something; specif., a \npenalty payable by a tenant to a landlord of twice the \nyearly value oflands held by the tenant, who refused \nto leave when the landlord provided written notice \nof intent to possess the property. The penalty was \nprovided under the Landlord and Tenant Act (1730). \nSt. 4 Geo. 2. ch. 28, s. 1. [Cases: Landlord and Tenant \nC=)216.] \ndouble voucher. In a common-recovery suit, a voucher \nfirst by the fictitious tenant to the real tenant, and then \nby the real tenant to the common vouchee. -The use of \na fictitious tenant was necessary because ifthe recovery \nhad been obtained directly against the real tenant, it \nwould be effective only to the limited extent that the \nreal tenant actually possessed an interest in the estate. \nBut if recovery was obtained against another party, it \nwould be effective against any latent interest that the \nreal tenant might assert in the estate. See COMMON \nRECOVERY. \n\"The recovery, here described, is with a single voucher only; \nbut sometimes it is with double. . or farther voucher, \nas the exigency of the case may require. And indeed it is \nnow usual always to have a recovery with double voucher \nat the least; by first conveying an estate of freehold to any \nindifferent person, against whom the praecipe is brought; \nand then he vouches the tenant in tail, who vouches over \nthe common vouchee. For, if a recovery be had immedi \nately against tenant in tail, it bars only such estate in the \npremises of which he is then actually seised; whereas if the \nrecovery be had against another person, and the tenant in \ntail be vouched, it bars every latent right and interest which \nhe may have in the lands recovered.\" 2 William Blackstone, \nCommentaries on the Laws of England 359 (1766). \ndouble waste. See WASTE (1). \ndouble will. See mutual will under WILL. \ndoubt, reasonable. See REASONABLE DOUBT. \ndoubtful title. See TITLE (2). \n.doubt the vote. See DIVIDE THE ASSEMBLY. \ndoulocracy. See DULOCRACY. \ndoun (doon or dohn), n. [Law French] A gift. \ndo ut des (doh at deez). [Latin \"I give that you may give\"] \nRoman law. An innominate contract in which a party \ngives something in exchange for something that the \nother party is to give. See innominate contract under \nCONTRACT. \ndo utfacias (doh at fay-shee-as). [Latin \"I give that you \nmay do\"] Roman law. An innominate contract in which \na person gives something to another person who is to \ndo or perform certain work. See innominate contract \nand bilateral contract under CONTRACT. \ndovetail seniority. The combination of seniority lists \nfrom merging companies into one list that allows \nemployees to keep their premerger seniority. \nDow (dow). See DOW JONES INDUSTRIAL AVERAGE. \ndowable (dow-a-bal), adj. 1. Capable of being endowed \n<the widow received the dowable estate>. [Cases: Dower \nand Curtesy C=>-1O.] 2. Capable ofreceiving dower <the woman was dowable ofthe estate>. [Cases: Dower and \nCurtesy C=>21.] \ndowager (dow-a-jar). A widow holding property or \ntitle -esp. a life estate in real property received \nfrom her deceased husband. \ndowager-queen. The widow of the king of England. \nIfshe is also the mother of the reigning monarch, she \nmay also by known as the queen mother. Also written \ndowager queen. -Also termed queen dowager; queen \nmother. \n\"A queen dowager is the widow of the king, and as such \nenjoys most of the privileges belonging to her as queen \nconsort. But it is not high treason to conspire her death; \nor to violate her chastity ... because the succession to the \ncrown is not thereby endangered. Yet still, ... no man can \nmarry a queen dowager without special licence from the \nking, on pain of forfeiting his lands and goods .... A queen \ndowager, when married again to a subject, doth not lose \nher regal dignity, as peeresses dowager do their peerage \nwhen they marry commoners.\" 1 William Blackstone, Com\nmentaries on the Laws ofEngland 217 (1765). \ndower (dow-ar). (l4c) At common law, a wife's right, \nupon her husband's death, to a life estate in one-third \nofthe land that he owned in fee. _ With few exceptions, \nthe wife could not be deprived ofdower by any transfer \nmade by her husband during his lifetime. Although \nmost states have abolished dower, many states retain\ning the concept have expanded the wife's share to a life \nestate in all the land that her husband owned in fee. \nAlso termed dowment; maritagium. Cf. CURTESY. \n[Cases: Dower and CurtesyC=>1-1l8.] \nconsummate dower (k<\"ln-s;>m-it or kahn-s<}-mit). A \nwidow's interest in her deceased husband '$ estate until \nthat interest is legally assigned to her. -Also termed \ndower consummate. [Cases: Dower and Curtesy \n54.] \ndower ad ostium ecclesiae (ad ahs-tee-<}m e-klee-z[h] \nee-ee), n. [Law Latin dower at the church door\"] Rist. \nAn endowment ofdower made bv a man to his wife at \nthe church door or porch, usu. a;part ofthe marriage \nceremony. \n\"DOWER AD osnUM ECClESIAE  This appears to have been the \noriginal English dower .... It was formerly the most usual \nspecies of dower, and, though latterly fallen into disuse, \nwas not abolished until the statute of 3 & 4 Will. IV. c. 105, \ns. 13 .... The wife might be endowed of personalty or \ngoods as well as of lands, and a trace of this ancient kind \nof dower is still distinctly preserved in the marriage ritual \nof the church of England, in the expression 'with all my \nworldly goods I thee endow.\" 1 Alexander M. Burrill. A Law \nDictionary and Glossary 520 (2d ed. 1867). \ndower by custom. Rist. Dower that is determined by \ncustom rather than the general law. Also termed \ndower by particular custom. \n\"Dower by ... custom; as that the wife shall have half the \nhusband's lands, or in some places the whole, and in some \nonly a quarter.\" 2 William Blackstone, Commentaries on the \nLaws of England 132 (1766). \ndower by particular custom. See dower by custom. \ndower by the common law. The regular dower, con\nsisting of a life interest in one-third of the lands \nthat the husband held in fee. -Also termed dos \n\ndoweress 566 \nrationabilis (dos rash-[eeJ-d-nab-d-lds). [Cases; Dower \nand Curtesy C=> 10, 1L] \ndower consummate. See consummate dower. \ndower ex assensu patris (eks d-sen-s[y]oo pa-tris), \nn. [Law Latin \"dower bv the father's assent\"] Hist. \nA type of dower ad osti~m ecclesiae made while the \nhusband's father is alive and consents to the endow\nment to his son's wife. \ndower inchoate. See inchoate dower. \nelection dower. (1883) A widow's right to take a stat\nutorv share of her deceased husband's estate if she \ncho~s~s to reject her share under a will. See RIGHT \nOF ELECTION. \nequitable dower. See equitable jointure under JOINTURE \n(1). \ninchoate dower (in-kob-it). A wife's interest in her hus\nband's estate while both are living. -Also termed \ndower inchoate. [Cases: Dower and Curtesy \n29-53.] \ndoweress. See DOWRESS. \nDow Jones Industrial Average. A stock-market-perfor\nmance indicator that consists of the price movements \nin the stocks of 30 leading industrial companies in the \nUnited States. Abbr. DJIA. Often shortened to \nDow. -Also termed Dow Jones Average. \ndowle stones (dohl). Rocks used as land boundaries. See \nCALL (5); LOCATIVE CALLS. \ndowment. See DOWER. \ndown market. See bear market under MARKET. \ndown payment. See PAYMENT. \ndown reversal. Securities. A sudden market-price decline \nafter a rising trend. The term applies to the early \nstage ofthe decline; ifthe decline continues for several \nmonths, it is termed a bear market. Also termed cor\nrection; market correction. \ndownright evidence. Rare. A preponderance of evi\ndence. \ndownside. Securities. 1. A downward movement of stock \nprices. 2. The potential of a downward movement in \nstock prices. Cf. UPSIDE. \ndownside risk. Securities. A likely risk that stock prices \nwill drop. \ndownside trend. Securities. The portion of the market \ncycle that shows declining stock prices. Also termed \ndown trend. \ndownsizing. (1975) RedUcing the number of employees, \nusu. to decrease labor costs and to increase efficiency. \ndownstream guaranty. See GUARANTY. \ndownstream merger. See MERGER. \ndown trend. See DOWNSIDE TREND. \ndownward departure. See DEPARTlJRE. \ndowress (dow-ris). Archaic. 1. A woman legally entitled to \ndower. 2. A tenant in dower. -Also spelled doweress. dowry (dow-ree). Archaic. The money, goods, or property \nthat a woman brings to her husband in marriage. \nAlso termed marriage portion; maritagium (mair-d\ntay-jee-dm); maritage (mair-i-tij). \ndozen peers. Hist. During the reign of Henry III, 12 peers \nassembled by the barons to be the King's advisers. \nD.P. abbr. DOMUS PROCERUM. \nDPPA. abbr. DEADBEAT PARENTS PUNISHMENT ACT. \nDPW. abbr. DEPARTMENT OF PUBLIC SERVICES. \nDr. abbr. 1. DEBTOR. 2. DOCTOR. \nDR. abbr. DISCIPLINARY RULE. \ndraconian (dray-or drd-koh-nee-in), adj. (18c)(Of a \nlaw) harsh; severe . This term derives from Draco, \nthe name of the ancient Athenian lawgiver. -Also \ntermed draconic. \ndraff (draf). Refuse; dregs; sweepings ofdust and dirt.  \nIn weighing commodities, it is excluded from the waste \nallowance for goods sold by weight. \ndraft, n. (17c) 1. An unconditional written order Signed \nby one person (the drawer) directing another person \n(the drawee or payor) to pay a certain sum of money \non demand or at a definite time to a third person (the \npayee) or to bearer . A check is the most common \nexample of a draft. Also termed bill of exchange; \nletter of exchange. Cf. NOTE (1). [Cases: Banks and \nBanking 137, 189; Bills and Notes \nbank draft. (1835) A draft drawn by one financial insti\ntution on another. [Cases: Banks and Banking \n189.] \nclean draft. A draft with no shipping documents \nattached. \ndemand draft. See Sight draft. \ndocumentary draft. (1922) A payment demand con\nditioned on the presentation of a document, such as \na document of titie, invoice, certificate, or notice of \ndefault. [Cases: Banks and Banking ('~-;c 161(1).] \nexport draft. A draft drawn by a domestic seller on a \nforeign buyer, directing the buyer to pay the trade \namount to the seller or the seller's bank. \nforeign draft. A draft drawn in one country or state \nbut payable in another. Also termed foreign bill of \nexchange; international bill ofexchange. [Cases: Bills \nand Notes (;:::::> 13.] \ninland draft. A draft drawn and payable in the same \nstate or country. [Cases: Bills and Notes 13.] \noverdraft. See OVERDRAFT. \nshare draft. (1978) A demand that a member draws \nagainst a credit-union share account, payable to a \nthird party. A share draft is similar to a check that \nis written to draw funds out of a checking account \nat a bank. [Cases: Building and Loan Associations \n40.] \nsight draft. (1842) A draft that is payable on the bearer's \ndemand or on proper presentment to the drawer. \n\n567 dram-shop act \nAlso termed demand draft. [Cases: Bills and Notes \nC=:' 129(3).] \ntime draft. A draft that contains a specified payment \ndate. UCC  3-108. -Also termed time bill. \ntrade draft. A draft that instructs a"}
{"text": "\ndate. UCC  3-108. -Also termed time bill. \ntrade draft. A draft that instructs a commercial enter\nprise or its agent to pay the amount specified. \n2. The compulsory enlistment ofpersons into military \nservice <his illness disqualified him from the draft>. \nAlso termed conscription; military draft. [Cases: Armed \nServices C=:'20.] 3. An initial or preliminary version \n<the second draft of the contract>. \ndraft, vb. (18c) 1. To write or compose <to draft a \ncontract>. 2. To recruit or select (someone) <to draft \nsomeone to run for political office> <to draft someone \ninto the armed services>. \ndraft board. A civilian board that registers and selects \npersons for mandatory military service. See SELECTIVE \nSERVICE SYSTEM. [Cases: Armed Services C=:'20.8.] \ndrafter. (1884) A person who draws or frames a legal \ndocument, such as a will, contract, or legislative bill. \nAlso termed draftsman. \ndrafting. (1878) The practice, technique, or skill involved \nin preparing legal documents -such as statutes, rules, \nregulations, contracts, and wills -that set forth the \nrights, duties, liabilities, and entitlements of persons \nand legal entities. -Also termed legal drafting. \ndraftsman. See DRAFTER. \ndragnet arrest. See ARREST. \ndragnet clause. 1. See MOTHER HUBBARD CLAUSE (1). 2. \nSee CROSS-COLLATERAL CLAUSE. \ndragnet lien. See LIEN. \nDrago doctrine. The principle asserted by Luis Drago, \nMinister of Foreign Affairs ofthe Argentine Republic, \nin a December 29, 1902 letter to the Argentine Minister \nin Washington, in which Drago, responding to the \nforcible coercion of Venezuela's unpaid loans by Great \nBritain and others, argued that no public debt should be \ncollected from a sovereign state by force or through the \noccupation ofAmerican territory by a foreign power.  \nThe subject was presented at the Hague Conference of \n1907, when a modified version of the Drago doctrine \nwas adopted. \ndrain, n. 1. The act ofdrawing a liquid off gradually; the \nact of emptying. 2. The act ofgradually exhausting. 3. \nA conduit for draining liquid, as a ditch or a pipe. \ndrain, vb. 1. To draw (a liquid) off gradually <the \nfarmer drained water from the property>. 2. To \nexhaust gradually <the facility has drained the area's \nnatural resources>. 3. To empty gradually <the water \ndrained>. \ndrainage district. A political subdivision authorized to \nlevy assessments for making drainage improvements \nwithin its area. [Cases: Drains C=:' 12.] \n\"In the United States there are numerous special districts \nthat administer drainage projects. They are typically \nformed under state law after a local election or petition showing consent of a majority of affected landowners. The \nprojects are usualiy publicly financed, and assessments \nare made against all property benefited, whether or not \nali individual landowners have consented. Such projects \ncan increase the agricultural capacity of drained lands \nand provide 'new' land for buildings and other improve \nments .... Special statutes governing drainage districts \ngenerally exempt them from restraints .... But if private \nproperty rights are taken or if others are damaged, com \npensation must be paid.\" David H. Getches, Water Law in \na Nutshell 301 (3d ed. 1997). \ndrainage rights. The interest that a property owner has \nin the natural drainage and flow of water on the land. \n[Cases: Waters and Water Courses C=:' 119.] \ndram (dram). 1. An apothecary measurement of fluid \nequal to an eighth of an ounce. [Cases: Weights and \nMeasures C=:' 3.] 2. A small amount of anything, esp. \nliquor. \ndrama, n. 1. A presentation of a story portrayed by words \nand actions or actions alone; a play. Cf. DRAMATIC \nCOMPOSITION. \n''The term [drama] is applied to compositions which imitate \naction by representing the personages introduced in them \nas real and as employed in the action itself. The varieties of \nthe drama differ more or less widely, both as to the objects \nimitated and as to the means used in the imitation. But they \nali agree as to the method or manner which is essential \nto the dramatic art, viz., imitation in the way of action.\" 7 \nEncyclopaedia Britannica 338 (9th ed. 1907). \n2. An event or series of events having conflicting and \nexciting elements that capture people's attention. \ndrama-pricing. A seller's tactic ofdramatically dropping \nthe price of something, esp. real estate, to attract a \nbuyer. -Also termed trauma-pricing. \ndramatic composition. Copyright. A literary work \nsetting forth a story, incident, or scene intended to be \nperformed by actors, often with a musical accompani\nment. Cf. DRAMA (1). [Cases: Copyrights and Intellec\ntual Property C=:'7.] \ndramatic work. See WORK (2). \ndram shop. Archaic. A place where alcoholic beverages \nare sold; a bar or saloon. -Also spelled dram-shop; \ndramshop. -Also termed grog-shop; drinking shop. \ndram-shop act. (1859) A statute allowing a plaintiff to \nrecover damages from a commercial seller ofalcoholic \nbeverages for the plaintiff's injuries caused by a cus\ntomer's intoxication. -Also termed civil-liability act; \ncivil-damage law. [Cases: Intoxicating Liquors C=:' \n282-324.] \n\"Largely at the behest of the temperance movement, \nstatutes (called 'dram shop acts') were enacted in many \nstates which imposed some form of civil liability on those \nengaged in the business of selling such beverages in favor \nof third persons injured thereby .... At one time, almost \nhalfthe states had such laws; today, that number seems to \nbe declining. , . , A growing minority of states have over \nthrown the common law rule and have created a common \nlaw dram shop action. In most of these jurisdictions, lia \nbility is predicated on statutes which regulate the liquor \nbusiness and prohibit certain sales by liquor licensees (to \nminors, intoxicated persons, etc.) thus, where the sale is \nunlawful, it is negligence per se .. , .\" Edward J. Kionka, \nTorts in a Nutshell 293-94 (2d ed, 1992). \n\ndram-shop liability. (1995) Civil liability of a commer\ncial seller of alcoholic beverages for personal injury \ncaused by an intoxicated customer . Claims based on \na similar type ofliability have been brought against \nprivate citizens for personal injury caused by an intox\nicated social guest. [Cases: Intoxicating Liquors \n282-324.] \ndraw, vb. (13c) 1. To create and sign (a draft) <draw \na check to purchase goods>. 2. To prepare or frame \n(a legal document) <draw up a will>. 3. To take out \n(money) from a bank, treasury, or depository <she drew \n$6,000 from her account>. 4. To select (a jury) <the \nlawyers began voir dire and had soon drawn a jury>. \ndrawback. A government allowance or refund on import \nduties when the importer reexports imported products \nrather than selling them domestically. 19 USCA  1313. \n[Cases: Customs Duties (;::>100.) \ndrawee (draw-ee). (l8c) The person or entity that a draft \nis directed to and that is requested to pay the amount \nstated on it. _ The drawee is usu. a bank that is directed \nto pay a sum of money on an instrument. -Also \ntermed payor. [Cases: Banks and Banking (;::> 137; Bills \nand Notes C=24.J \ndrawee bank. See payor bank under BANK. \ndrawer. (17c) One who directs a person or entity, usu. a \nbank, to pay a sum ofmoney stated in an instrument \nfor example, a person who writes a check; the maker of \na note or draft. See MAKER. [Cases: Banks and Banking \n137; Bills and Notes \ndrawing. 1. Patents. A specially prepared figure included \nwith a patent application to explain and describe the \ninvention. A drawing is required when necessary \nto understand the invention. 35 USCA  113. [Cases: \nPatents 100.] 2. Trademarks. A graphic or textual \ndepiction of a trademark, filed as part of an applica\ntion for the mark to be placed on the primary register. \n_ The drawing serves as the element that is published \nin the Official Gazette. It must include the applicant's \nname and address, the type of goods or services it will \nidentify, and the date offirst use or a statement ofintent \nto use it in commerce. [Cases: Trademarks (;::> 1282.] \nformal drawing. A drawing that complies with the \nformatting requirements of the U.S. Patent and \nTrademark Office, as set forth in 37 CFR 1.84, and is \nstamped \"Approved\" by the PTa Drafter. Cf. informal \ndrawing. [Cases: Patents (:::-~ 100.] \nfront-page drawing. A drawing submitted with the \npatent application and selected by the examiner as the \napplication's representative drawing. -The draWing is \nreproduced on the front page of the published appli\ncation or patent. [Cases: Patents (;::> 100.] \ninformal drawing. A drawing that does not comply \nwith the formatting requirements of the U.S. Patent \nand Trademark Office . A drawing may be submit\nted as informal by the patent applicant, or declared \ninformal by the PTa Drafter. Cf. formal drawing. original drawing. A drawing submitted with the \noriginal application. \nspecial-form drawing. A drawing of a trademark that \ncontains some graphical element, such as a logo, a \npicture, or a special type style . A stylized or special\nform draWing must be submitted in black-and-white, \nwith a description ofthe colors to be used on the final \nmark. Also termed stylized drawing. \nsubstitute drawing. A draWing submitted after the \noriginal application has been filed. - A substitute \ndrawing is often a formal drawing filed to replace an \ninformal drawing. [Cases: Patents (;::>100.J \ntyped drawing. A drawing of a trademark that is \npurely textual, with no graphical component . A \ntyped drawing consists solely of the words, letters, \nand numbers that make up the mark, typed in all\ncapitals. -Also termed typed-form drawing. \ndrawing account. See ACCOUNT. \ndrawing lots. (l3c) An act ofselection or decision-mak\ning based on pure chance, with the result depending on \nthe particular lot drawn. -Jurors are usu. instructed \nby the court not to base their verdict on drawing lots \nor similar methods ofchance. \ndrawlatch. Hist. A thief; a robber who waits until homes \nare empty, then draws the homes' door latches to steal \nwhat is inside. \ndrayage. A charge for transporting property. \nDRE. abbr. DRUG-RECOGNITION EXPERT. \ndread-disease insurance. See INSURANCE. \ndreit dreit. See DROIT-DROIT. \nD reorganization. See REORGANIZATION (2). \ndrift ofthe forest. Hist. A periodic examination offorest \ncattle by officers who drive them to an enclosed place to \ndetermine their ownership or common status. \n\"Drift of the forest is nothing else but an exact view or \nexamination taken once, twice, or oftener in a year as \noccasion shall require, what beasts there are in the \nforest, to the end that the common in the forest be not \novercharged, that the beasts of foreigners that have no \ncommon there be not permitted, and that beasts not com\nmonable may be put out.\" Termes de fa Ley 185-87 Ost \nAm_ ed. 1812). \ndrift-stuff. Any material floating at random in water \nwithout a discoverable source. -Drift -stuff is usu. the \nproperty ofthe riparian owner. \ndrilling contract. Oil & gas. A well-drilling agreement \nbetween a drilling contractor, who owns drilling rigs \nand associated equipment, and the owner or lessor of \nthe mineral rights. _ Ihe contract spells out the rights \nand duties of the parties. In general, the more control \nthe interest-owner retains over the contractor, the \nmore liability the owner is exposed to for damages the \ndrilling causes. See DAYWORK DRILLING CONTRACT; \nFOOTAGE DRILUNG CONTRACT. [Cases: Mines and \nMinerals 109.] \nturnkey drilling contract. Oil &gas. A drilling contract \nunder which the drilling contractor promises to \n\n569 droit d'aubaine \nperform specified functions for an agreed price. -The \nlease operator has little or no discretion to control \nthe drilling contractor, and so assumes little or no \nliability for damages the drilling may cause. [Cases: \nMines and Minerals (;::=> 109, 120.] \ndrilling-delay rental clause. Oil & gas. A provision in an \noil-and-gas lease giving the lessee the right to maintain \nthe lease from period to period during the primary term \nby paying delay rentals instead of starting dri a\ntions. _ Lessees use drilling-delay rental dau se \ncourts have said that they obviate any implied covenant \nto drill a test well on the premises. Ihey are accepted by \nlessors bel=ause they provide for periodic income from \nthe lease. See \"or\" lease, \"unless\" lease under LEASE. \n[Cases: Mines and Minerals (;::=>78.1(3).] \n\"The purpose of the lease drilling-delay rental clause is to \nensure that the lessee has no obligation to drill during the \nprimary term by negating any implied obligation to test \nthe premises. Before drilling-delay rental clauses became \ncommon in oil and gas leases, many courts held that \nlessees had an implied duty to drill a test well on the leased \npremises within a reasonable time after grant of the lease. \nThe rationale for the implied covenant was that the"}
{"text": "ased \npremises within a reasonable time after grant of the lease. \nThe rationale for the implied covenant was that the major \nconsideration for the grant of the lease by the lessor was \nthe expectation that the property would be tested within \na reasonable time. The courts' determination of what was \na reasonable time ranged from a few months to several \nyears, depending upon the circumstances. Lessees found \nthat they could not rely upon a long stated term alone to \npreserve their rights.\" John S. Lowe, Oil and Cas Law in a \nNutshell 195-96 (3d ed. 1995). \ndrinking age. See AGE. \ndrinking shop. See DRAM SHOP. \nDRIP. abbr. DIVIDEND-REINVESTMENT PLAN. \ndrip rights. A servitude allowing water dripping off a \nperson's roof to fall on a neighbor's land. Waters \nand Water Courses 121.] \ndriver. 1. A person who steers and propels a vehicle. 2. \nA person who herds animals; a drover. \ndriver's license. The state-issued certificate authorizing \na person to operate a motor vehicle. -It is also often \nused as a form of identification. [Cases: Automobiles \ndriving, n. The act of directing the course of something, \nsuch as an automobile or a herd ofanimals. \ndriving under the influence. (1924) The offense of \noperating a motor vehicle in a phYSically or mentally \nimpaired condition, esp. after consuming alcohol or \ndrugs. _ Generally, this is a lesser offense than driving \nwhile intoxicated. But in a few jurisdictions the two \nare synonymous. -Abbr. DUr. Also termed driving \nwhile ability-impaired (DWAI); driving under the influ\nence ofliquor (DUlL); driving while intoxicated (DWI); \noperating under the influence (OUI); operating while \nintoxicated (OWI); operating a motor vehicle while \nintoxicated (OMVI); operating a motor vehicle under \nOle influence (OMVUI). Cf. DRIVING WHILE INTOXI\nCATED. [Cases: Automobiles \ndriving while ability-impaired. See DRIVING UNDER \nTHE INFLUENCE. driving while intoxicated. (19l3) 1. The offense of \noperating a motor vehicle in a phYSically or mentally \nimpaired condition after consuming enough alcohol \nto raise one's blood alcohol content above the statutory \nlimit (.08% in many states), or after consuming drugs. \n_ Penalties vary widely; for example, the maximum \npenalty in Missouri and Louisiana is a $500 fine and six \nmonths in jail, while the penalties in New York range \nfrom $500 to $5,000 in fines and up to four years in jail. \n2. DRIVING UNDER THE INFLUENCE. -Abbr. DWI. \nAlso termed drunk driving. Cf. DRIVING UNDER THE \nINFLUENCE. [Cases: Automobiles <::=,332.] \nDRL. abbr. BUREAU OF DEMOCRACY, HUMAK RIGHTS, \nAND LABOR. \nDRM. See direct-reduction mortgage under MORTGAGE. \ndrofland (drohf-IClnd). Rist. A socage tenure that \nrequired the holder to drive the landlord's cattle to \nfairs and markets. \ndroit (drwah or droyt). [French \"right\"] 1. A legal right \nor claim. 2. The whole body oflaw. \ndroit-close (droyt klohz), n. [Law French] Rist. A writ \nagainst a lord on behalf ofa tenant in ancient demesne \nholding land by charter in fee simple, in fee-tail, for \nlife, or in dower. \ndroit common (drayt kom-;.:m), n. [Law French] The \ncommon law. Also termed droit coutumier. See \nCOMMON LAW (2). \ndroit coutumier. See DROIT COMMON. \ndroit d'accession (drwah dak-ses-syawn), n. [French \n\"right ofaccession\"] Civil law. The right of the owner \nofa thing to whatever is produced by it or is united with \nit, either naturally or artificially. La. Civ. Code arts. 483, \n490, 507. -The equivalent of the Roman specificatio, the \nright includes, for example, the right of a landowner to \nnew land depOSited on a riverbank and the right ofan \norchard owner to the fruit of the trees in the orchard. \nSee ACCESSION (4). \n\"DROIT D'ACCESSION .  The civil law rule is that if the thing can \nbe reduced to the former matter it belongs to the owner \nof the matter, e.g. a statue made of gold; but if it cannot \nso be reduced it belongs to the person who made it, e.g. \na statue made of marble.\" 1 John Bouvier, Bouvier's Law \nDictionary 941 (8th ed. 1914). \ndroit d'accroissement (drwah da-krwas-mawn), n. \n[French] French law. A right ofsurvivorship by which \nan heir's interest is combined with the interest of a \ncoheir who either has refused or is unable to accept \nthe interest. \ndroit d'aubaine (drwah doh-ben), n. [Law French \"right \nof alienage\"] Rist. With certain exceptions, a sover\neign's right to a deceased alien's property, regardless of \nwhether the alien had a will. -This right was primar\nilv exercised in France where it was revived in some \nf~rm by Napoleon after its initial abolishment in 1790. \nIt was ultimately abolished in 1819. -Also spelled \ndroit d'aubaigne; droit d'aubenage. Also termed jus \nalbanagii;jus albinatus. \n\ndroit d'auteur 570 \n\"Under the French rule of law, known as the droit \nd'aubaine ... the whole property of an alien dying in France \nwithout leaving children born in that country escheated to \nthe crown. The royal right was not universally exacted, and \nat a very early period special exceptions were introduced \nin favour of certain classes. Thus Louis XI exempted mer\nchants of Brabant, Flanders, Holland, and Zealand from the \noperation of the law, and a similar privilege was extended \nby Henri II to merchants of the Hanse towns, and from \nScotland.\" 1 R.H. Inglis Palgrave, Palgrave's Dictionary of \nPolitical Economy 68 (Henry Higgs ed., 2d ed. 1925). \n\"In France by the fourteenth century it was accepted that \na stranger might acquire and possess but not inherit or \ntransmit by will or on intestacy. In 1386 the French king \nassumed the seigneurial droit d'aubaine or right to inherit. \nIn treaties in the seventeenth and eighteenth centuries the \nright was frequently renounced. Louis XVI in 1787 abol \nished the right as against subjects of Great Britain without \nreciprocity. The constituent Assembly abolished the right \nin 1790 and it was commonly abolished elsewhere in the \nearly nineteenth century.\" David M. Walker, The Oxford \nCompanion to Law 378 (1980). \ndroit d'auteur (drwah doh-t<lr), n. [French \"author's \nright\"] The copyright system used in France and other \ncivil-law nations and differing from common-law copy\nright by giving more protection to an author's moral \nright. See AUTHOR'S RIGHT. \ndroit de bris (drwah d\" bree), n. [Law French \"right ofa \nwreck\"] Hist. A right claimed by lords ofthe coasts of \nFrance to fragments ofshipwrecks, including persons or \nproperty that had washed ashore. e1he right was exer\ncised primarily in Bretagne but was abrogated by Henry \nIII as duke of Normandy, Aquitaine, and Guienne, in \na charter granted in A.D. 1226. -Also termed droit de \nbris sur Ie naufrages. Cf. DROIT DE NAUFRAGE. \ndroit de detraction (drwab d\" day-trak-syawn), n. \n[French \"the right ofwithdrawal\"] Int'llaw. A tax on \nproperty acquired by succession or by will and then \nremoved to another state or country. \ndroit de garde (drwah d\" gahrd), n. [French \"right of \nward\"] Rist. French law. A king's right to wardship of \na noble vassal who has not reached majority. \ndroit de gite (drwah d\" zheet), n. [French \"right of \nlodging\"] Hist. French law. A duty of a commoner \nholding land in the royal domain to provide lodging \nand food to a royal party traveling on royal business. \ndroit de greffe (drwah d\" gref), n. [French \"a right con\ncerning the clerk's office\"] Hist. French law. The Crown's \nprivilege to sell offices connected with the custody of \njudicial records or official acts. \ndroit de maitrise (drwah d\" may-treez), n. [French \n\"a right of mastership\"] Hist. French law. A required \npayment to the Crown by an apprentice who has \nbecome a master worker. \ndroit de naufrage (drwah d\" noh-frazh), n. [French] Hist. \nFrench law. The right ofa sovereign or a lord owning a \nseashore to seize the wreckage of a shipwreck and kill \nthe crew or sell them as slaves. Cf. DROIT DE BRIS. \ndroit de prise (drwah dd preez), n. [French \"a right of \nprize\"] Hist. French law. A commoner's duty to supply articles on credit to the royal household for domestic \nconsumption. \ndroit de quint (drwah dd kant), n. [French \"the right of \na fifth\"] Hist. French law. A required payment made by \na noble vassal to the king each time ownership of the \nvassal's fief changed. \ndroit de suite (drwah d\" sweet), n. [French \"right to \nfollow\"] 1. A creditor's right to recover a debtor's \nproperty after it passes to a third party. 2. Copyright. \nAn artist's resale royalty; the right of a work's creator \nto benefit from appreciation in the value ofthe work by \nreceiving a portion ofthe profit from its later resales. \n A droit de suite is recognized in some European \nnations. \n'The droit de suite (literally translated as the right to follow \nthe work) enables artists to claim a portion of the price for \nwhich a work is resold. The idea is that an artist may sell a \npainting for a low price at a time when they are unknown \nand have little bargaining power. In due course, as the \nartist's reputation develops, the painting may be resold \nfor continually increasing sums .... The right is seen to be \njustified not only because it encourages creation, but also \nbecause the artist is conceived (through the authorial link) \nas being responsible for the increase in value (economic \nsuccess of their works).\" Lionel Bently & Brad Sherman, \nIntellectual Property Law 281 (200l). \ndroit d'execution (drwah dek-say-kyoo-syawn), n. \n[French \"right of execution\"] French law. 1. A stock\nbroker's right to sell the stock bought for a client who \nlater refuses it. 2. A stockbroker's right to sell depOSited \nsecurities to secure the broker against a loss in buying \nfor a client. \ndroit-droit (drwah-drwah), n. [Law French \"double \nright\"] Hist. The unification of the right of possession \nwith the right ofproperty. Also termed jus duplica\ntum; dreit dreit. \n\"A complete title to lands, tenements, and hereditaments, \nFor it is an ancient maxim of the law, that no title is com\npletely good, unless the right of possession be joined with \nthe right of property; which right is then denominated a \ndouble right, jus duplicatum, or droit droit. And when to \nthis double right the actual posseSSion is also united ... \nthen, and then only, is the title completely legal.\" 2 William \nBlackstone, Commentaries on the Laws of Eng/and 199 \n(l766). \ndroit du seigneur (drwah d\" sen-yuur). [French \"right \nof the lord\"] Hist. 1. A supposed customary right ofa \nfeudal lord to have sexual intercourse with a tenant's \nbride on her wedding night. 2. A supposed custom \nrequiring sexual abstinence by a couple on their \nwedding night. Also spelled droit de seigneur. Also \ntermed jus primae noctis. \ndroit ecrit (drwaht ay-kree), n. [French \"the written \nlaw\"] French law. The civil law; the corpus juris civilis. \ndroit international (drwaht an-tair-nah-syoh-nahl), n. \n[French] International law. \ndroit maritime (drwah ma-ree-teem). [French] Maritime \nlaw. \ndroit moral (drwah maw-ral). [French] The doctrine \nofmoral right, which entitles artists to prevent others \nfrom altering their works. e The basic rights protected \n\n571 drug \nby this doctrine are (1) the right to create, (2) the right \nto disclose or publish, (3) the right to withdraw from \npublication, (4) the right to be identified with the work, \nand (5) the right to ensure the integrity of the work, \nincluding the right to object to any mutilation or dis\ntortion of the work. These rights are sometimes called \nmoral rights. See MORAL RIGHT. [Cases: Copyrights and \nIntellectual Property C=>6.] \ndroit naturel (drwah na-tuu-rel), n. [French] Natural \nlaw. \ndroits civils (drwah see-veel), n. [French] French law. \nPrivate rights not connected to a person's civil status. \n Foreigners had certain rights that could be enforced \nwhen there was reciprocity with the foreigner's home \ncountry. \ndroits ofadmiralty (droyts), n. The Lord High Admiral's \nrights in connection with the sea, such as the right to \nrecover proceeds from shipwrecks, enemy goods con\nfiscated at the beginning ofhostilities, jetsam, flotsam, \ntreasure, deodand, fines, forfeitures, sturgeons, whales, \nand other large fishes . The droit proceeds are paid to \nthe Exchequer's office for the public's use. See PRIZE \n(2). \n''"}
{"text": "s are paid to \nthe Exchequer's office for the public's use. See PRIZE \n(2). \n''The crown had originally certain rights to property \nfound upon the sea, or stranded upon the shore. The \nchief kinds of property to which the crown was thus \nentitled were, great fish (such as whales or porpoises), \ndeodands, wreck of the sea, flotsam, jetsam, and lagan, \nships or goods of the enemy found in English ports or \ncaptured by uncommissioned vessels, and goods taken \nor retaken from pirates .... After the rise of the court of \nAdmiralty the Lord High Admiral became entitled to these \ndroits by royal grant .... The right to droits carried with \nit a certain jurisdiction. Inquisitions were held into these \ndroits at the ports, or the ViceAdmirals or droit gatherers \nreported them to the Admiral. The large terms of the Admi \nral's Patents incited them, or their grantees, to frequent \nlitigation with private persons or other grantees of the \ncrown .... The Admiralty droits ... are now transferred \nto the consolidated fund.\" 1 William Holdsworth, A History \nofEnglish Law 559-61 (7th ed. 1956). \ndroitural (droy-ch;J-r;Jl), adj. [fr. Old French droiture \n\"right\"] Of or relating to an interest in property, as \ndistinguished from actual possession. \ndroit voisins (drwah vwah-san), n. [French] NEIGHBOR\nING RIGHT. \ndromones (dr;J-moh-neez), n. pI. Hist. 1. Large ships. 2. \nWar vessels ofrecognized navies, usu. prepared for hos\ntilities. -Also termed dramas; dromunda. \nDroop quota. In some proportional-representation elec\ntions, the minimum number of votes needed to win a \nlegislative seat . The quota is determined by a formula \nbased on the reciprocal of the number of representa\ntives plus one -or l!(n + 1), where \"n\" is the number \nofrepresentatives being elected. The term is named for \nthe developer ofthe election format, Henry Richmond \nDroop (1831-1884). \ndrop. English law. A rule nisi that is not adopted because \nthe members ofa court are equally divided on the issue . \n The rule is dropped rather than discharged or made \nabsolute. drop-dead date. The date by which performance is \nrequired as a condition. Cf. TIME-IS-OF-THE-ESSENCE \nCLAUSE. \ndrop-dead provision. Contracts. A clause in an agree\nment or order allowing a party to take action without \nnotice if the other party fails to perform certain acts. \ndrop-down clause. Insurance. An insurance-policy pro\nvision requiring an excess insurer to provide coverage \nto the insured even though the underlying coverage \nhas not been exhausted, usu. because the underlying \ninsurers are insolvent. [Cases: Insurance C=>2396.] \ndrop letter. A letter addressed to someone in the delivery \narea of the post office where the letter was posted. \n[Cases: Postal Service C=>23.] \ndrop-shipment delivery. A manufacturer's shipment of \ngoods directly to the consumer rather than initially to \na wholesaler.  Ifthe wholesaler takes the order, it may \nreceive part of the profit from the sale. \ndrop shipper. A wholesaler who arranges to have goods \nshipped directly from a manufacturer to a consumer. \nSee DROP-SHIPMENT DELIVERY. \ndropsy testimony. See TESTIMONY. \ndrove, n. 1. A group of animals driven in a herd. 2. A \nlarge group of people in motion. \ndrover's pass. A free pass issued by a railroad company \nto the cattle's drover, who accompanies the cattle on \nthe train. [Cases: Carriers C=>237.1.] \nDRP. abbr. DIVIDEND-REINVESTMENT PLAN. \ndrug, n. (14c) 1. A substance intended for use in the diag\nnosis, cure, treatment, or prevention of disease. 2. A \nnatural or synthetic substance that alters one's percep\ntion or consciousness. See CONTROLLED SUBSTANCE. \n[Cases: Controlled Substances C=>9.] \naddictive drug. A drug (such as heroin or nicotine) \nthat, usu. after repeated consumption, causes physical \ndependence and results in well-defined phYSiologi\ncal symptoms upon withdrawal. [Cases: Controlled \nSubstances C=>9.] \nadulterated drug. A drug that does not have the \nstrength, quality, or purity represented or expected. \ncopycat drug. See generic drug. \ndangerous drug. A drug that has potential for abuse or \ninjury, usu. requiring a label warning that it cannot be \ndispensed without a prescription. [Cases: Controlled \nSubstances C=>9.] \ndesigner drug. A chemical substance that is created to \nduplicate the pharmacological effects of controlled \nsubstances, often by using the same chemicals con\ntained in controlled substances, but manipulating \ntheir formulas. [Cases: Controlled Substances C=> \n9,43.] \nethical drug. A drug that can be dispensed only with a \ndoctor's prescription. Cf. proprietary drug. \ngeneric drug. A drug containing the active ingredients \nbut not necessarily the same excipient substances (such \n\nas binders or capsules) as the pioneer drug marketed \nunder a brand name. -Also termed copycat drug. See \npioneer drug. [Cases: Health (~319.] \nnew drug. A drug that experts have not recognized as \nsafe and effective for use under the conditions pre\nscribed. 21 USCA  321(p)(l),  The Food and Drug \nAdministration must approve all new drugs before \nthey can be marketed. [Cases: Health C~317.] \norphan drug. A prescription drug developed to treat \ndiseases affecting fewer than 200,000 people in the \nUnited States (such as a rare cancer) or whose devel\nopmental costs are not reasonably expected to be \nrecovered from the drug's sales. 21 USCA  360bb. \n[Cases: Health C'\"::>319.] \npioneer drug. The first drug that contains a particular \nactive ingredient that is approved by the FDA for a \nspecified use. \nprecompounded prescription drug. A drug that is dis\ntributed from the manufacturer, to the pharmacist, \nand then to the consumer without a change in form. \nproprietary drug. A drug that is prepared and packaged \nfor the public's immediate use . Proprietary drugs \nmay be sold over the counter. Cf. ethical drug. \ndrug abuse. The detrimental state produced by the \nrepeated consumption of a narcotic or other poten\ntially dangerous drug, other than as prescribed by a \ndoctor to treat an illness or other medical condition. \n[Cases: Chemical Dependents 1; Controlled Sub\nstances (;:::>38.] \ndrug addict. See ADDICT. \ndrug-assistance program. 1. A governmental program \nto ensure access to necessary prescription medicines \nfor needy people who are uninsured or underinsured \nor who otherwise lack health coverage. 2. Rehabilita\ntive counseling, and monitoring, usu. in a nonresiden\ntial setting, for detecting and treating users of illegal \ndrugs. \ndrug court. See COURT. \ndrug dependence. The psychological or physiological \nneed for a drug. [Cases: Chemical Dependents (;:::> L] \ndrug-free zone. (1986) An area in which the possession \nor distribution of a controlled substance results in an \nincreased penalty.  Drug-free zones are often estab\nlished, for example, around public schools. [Cases: \nControlled Substances 100.] \ndruggist. A person who mixes, compounds, dispenses, \nor otherwise deals in drugs and medicines, usu. either \nas a proprietor of a drugstore or as a pharmacist. \ndrug kingpin. An organizer, leader, manager, financier, \nor supervisor of a drug conspiracy; a person who has \ngreat authority in running an illegal drug operation, \ndrug paraphernalia. (1920) Criminal law. Any type \nof equipment, product, or material that is primarily \ndeSigned or intended for the unlawful manufacture, \nprocessing, or hiding of a controlled substance, or \nfor the introduction of a controlled substance into the human body, when possession of the substance is \nunlawful. 21 USCA  863(d). [Cases: Controlled Sub\nstances 89.] \nDrug Price Competition and Patent Term Restoration \nActofl984. See HATCH-WAXMAN ACT. \ndrug-recognition expert. A person trained to identify \nvarious types of drugs and alcohol, to understand the \neffects that drugs and alcohol have on people, and to \nrecognize the signs and symptoms of drug and alcohol \nintoxication. -Abbr. DRE. \ndrug trafficking. See TRAFFICKING. \ndrummer. 1. A commercial agent who travels around \ntaking orders for goods to be shipped from wholesale \nmerchants to retail dealers; a traveling sales represen\ntative. 2. A traveling salesperson. [Cases: Licenses \n15(6).] \ndrummer floater policy. See INSURANCE POLlCY. \ndrungarius (dr;}ng-gair-ee-;}s), n. [Law Latin] Hist. 1. \nA commander of a band of soldiers. 2. A naval com\nmander. \ndrungus (dr.mg-g;}s), n. [Law Latin] Hist. A band of \nsoldiers. \ndrunk, adj. Intoxicated; (of a person) under the influ\nence of intoxicating liquor to such a degree that the \nnormal capacity for rational thought and conduct is \nimpaired. drunk, n. \ndrunkard. 1. A person who consumes intoxicating \nsubstances frequently and exceSSively; esp., one who is \nhabitually or often intoxicated. 2. An alcoholic . This \nterm may also be used to refer to a drug addict. Also \ntermed habitual drunkard. [Cases: Chemical Depen\ndents Crj 1.] \ndrunk driving. See DRIVING WHILE INTOXICATED. \ndrunkenness. 1. A state ofintoxication; inebriation; the \ncondition resulting from a person's ingestion ofexces\nsive amounts of intoxicating liquors sufficient to affect \nthe person's normal capacity for rational thought and \nconduct. 2. A habitual state of intoxication. [Cases: \nChemical Dependents \nexcessive drunkenness. A state of drunkenness in \nwhich a person is so far deprived of reason and under\nstanding that he or she is incapable of understanding \nthe character and consequences of an act. \ndrunkometer (dr;}ng-kom-;}-t;}r). See BREATHALYZER. \ndry, adj. (bef. 12c) 1. Free from moisture; desiccated <dry \nland>. 2. Unfruitful; destitute of profitable interest; \nnominal <a dry trust>. 3. (Of a jurisdiction) prohibiting \nthe sale or use of alcoholic beverages <a dry county>. \n[Cases: Intoxicating Liquors (;:::>24-43.] \ndry check. See bad check under CHECK. \ndry exchange. Something that pretends to pass on both \nsides ofa transaction, but passes on only one side. \n\"Dry exchange, . , seems to be a subtil term invented to \ndisguise usury, in which something is pretended to pass \non both sides, whereas in truth nothing passes on the one \nside.\" Termes de la Ley 185 (1 st Am. ed. 1812), \n\n573 dual-sovereignty doctrine \n\"DRY EXCHANGE ... A euphemism applied to the 'coverture' \nor 'colouring' of the stringent statutes passed during the \nTudor period against usury .... Usury, which was con\ndemned by religion and law alike during the middle ages, \nwas from the middle of the 16th century no longer to be \nconfounded with the legitimate employment of capital; \nbut the sentiment which inspired the above enactments \nwas that of governing classes associated with the landed \ninterest.\" 1 R.H. Inglis Palgrave, Palgrave's Dictionary of \nPolitical Economy 643 (Henry Higgs ed., 2d ed. 1925). \ndry hole. Oil & gas. An oil or gas well that is incapable of \nproducing enough minerals to justify the cost ofcom\npleting it and putting it into production. \ndry-hole agreement. Oil & gas. A support agreement \nin which 'the contributing party agrees to make a cash \ncontribution to the drilling party in exchange for geo\nlogical or drilling information if the well drilled is \nunproductive. See SUPPORT AGREEMENT. [Cases: Mines \nand Minerals (;:::> 109.] \ndry-hole clause. Oil & gas. A provision in an oil-and\ngas lease specifying what a lessee must do to maintain \nthe lease for the remainder of the primary term after \ndrilling an unproductive well.  A dry-hole clause is \nintended to make clear that the lessee may maintain \nthe lease by paying delay rentals for the remainder of \nthe primary term. [Cases: Mines and Minerals (;:::> \n78.1(3).] \ndry mortgage. See MORTGAGE. \ndry presumption. See PRESUMPTION. \ndry receivership. See RECEIVERSHIP. \ndry rent. See RENT (1). \ndry trust. See TRUST. \nDS. abbr. BUREAU OF DIPLOMATIC SECURITY. \nd.s.b. abbr. DEBET SINE BREVE. \nDSCA. abbr. DEFENSE SECURITY COOPERATION \nAGENCY. \nDSS. abbr. 1. DEPARTMENT OF SOCIAL SERVICES. 2. \nDEFENSE SECURITY SERVICE. \nDTC. abbr. DEPOSITORY TRUST CORPORATION. \nDTRA. abbr. DEFENSE THREAT REDUCTION AGENCY. \nd.t.'s. abbr. DELIRIUM TREMENS. \ndual agent. See AGENT (2). \ndual-capacity doctrine. (1914) The principle that makes \nan employer -who is normally shielded from tort lia\nbility by workers'-compensation laws -liable in tort \nto an employee if the employer and employee stand \nin a secondary relationship that confers independent \nobligations on the employer. -Also termed dual-per\n"}
{"text": "er and employee stand \nin a secondary relationship that confers independent \nobligations on the employer. -Also termed dual-per\nsona doctrine. Cf. DUAL-PURPOSE DOCTRINE. [Cases: \nWorkers' Compensation (;:::>2162.] \ndual citizenship. 1. A person's status as a citizen oftwo \ncountries, as when the person is born in the United \nStates to parents who are citizens of another country, \nor one country still recognizes a person as a citizen \neven though that person has acquired citizenship in \nanother country. [Cases: Citizens (;:::> 18.] 2. The status of a person who is a citizen of both the United States \nand the person's country of residence. \ndual contract. See CONTRACT. \ndual-criminality principle. The rule prohibiting the \ninternational extradition of a fugitive unless the offense \ninvolves conduct that is criminal in both countries. \n[Cases: Extradition and Detainers (;:::>5.] \ndual distributor. (1945) A firm that sells goods simulta\nneously to buyers on two different levels of the distri\nbution chain; esp., a manufacturer that sells directly to \nboth wholesalers and retailers. \ndual distributorship. See DISTRIBUTORSHIP. \ndual employment. See MOONLIGHTING. \ndual fund. See MUTUAL FUND. \ndual inheritance. See INHERITANCE. \nduality ofart. Copyright. The twofold nature of applied \nart as both functional and aesthetic . The United States \ntakes a duality-of-art approach to copyright, protecting \napplied art only when the item could stand alone as an \nidentifiable work of art even if it did not perform the \nfunction it was designed to do. -Also termed noncu\nmulative approach. Cf. UNITY OF ART. \ndual listing. See LISTING (2). \ndual-persona doctrine (d[y]oo-JI pJr-soh-nJ). (1982) \nSee DUAL-CAPACITY DOCTRINE. \ndual-priorities rule. The principle that partnership cred\nitors have priority for partnership assets and that indi\nvidual creditors have priority for a partner's personal \nassets. This rule has been abandoned by the bank\nruptcy laws and the Revised Uniform Partnership Act. \nThe bankruptcy code now allows partnership creditors \naccess to all assets ofbankrupt partners, not just those \nremaining after payment to individual creditors. \nAlso termed jingle rule. \ndual-prosecution rule. (1981) The principle that the \nfederal government and a state government may both \nprosecute a defendant for the same offense because \nboth governments are separate and distinct entities. \nSee DUAL-SOVEREIGNTY DOCTRINE. [Cases: Double \nJeopardy (;:::> 186.] \ndual-purpose doctrine. (1953) The principle that an \nemployer is liable for an employee's injury that occurs \nduring a business trip even though the trip also serves \na personal purpose. Cf. DUAL-CAPACITY DOCTRINE. \n[Cases: Labor and Employment (;:::>3046(2); Workers' \nCompensation (;:::>715.] \ndual-purpose fund. See dual fund under MUTUAL \nFUND. \ndual-residential parent. See PARENT. \ndual-shop operation. See DOUBLE-BREASTING. \ndual-sovereignty doctrine. (1957) The rule that the \nfederal and state governments may both prosecute \na person for a crime without violating the consti\ntutional protection against double jeopardy, if the \nperson's act violated both jurisdictions' laws. See \n\nduarchy 574 \nDUAL-PROSECUTION RULE. [Cases: Double Jeopardy \n186.] \nduarchy (d[y]oo-ahr-kee), n. [fro Greek duo \"two\" + \narchia \"rule\"] See DIARCHY. \ndubii juris (d[y]oo-bee-I joor-is). [Latin] Hist. Of \ndoubtful law. -The phrase appeared in reference to an \nunsettled legal point. \ndubitante (d[yJoo-bi-tan-tee). [Latin] Doubting. -This \nterm was usu. placed in a law report next to a judge's \nname, indicating that the judge doubted a legal point \nbut was unwilling to state that it was wrong. -Also \ntermed dubitans. \n\"[E]xpressing the epitome of the common law spirit, there \nis the opinion entered dubitante ~ the judge is unhappy \nabout some aspect of the decision rendered, but cannot \nquite bring himselfto record an open dissent.\" Lon L. Fuller, \nAnatomvofthe Law147 (1968). \ndubitatur (d[y]oo-bi-tay-tdr). [Latin] It is doubted. -This \nphrase indicates that a point oflaw is doubtful. -Also \ntermed dubitavit. \nducat (dak-it). A gold coin used as currency, primarily \nin Europe and first appearing in Venice in the early \nBOOs, with the motto sit Ubi, Christe, dato, quem tu \nregis, iste Ducatus (\"let this duchy which thou rulest \nbe dedicated to thee, 0 Christ\"). -It survived into the \n20th century in several countries, including Austria \nand the Netherlands. \nducatus (d[y]d-kay-tds), n. [Law Latin] A duchy; a \ndukedom. \nduces tecum (d[y]oo-S<lS tee-bm also tay-bm). [Latin] \n(17c) Bring with you. See subpoena duces tecum under \nSUBPOENA. \nduces tecum licet languidus (d[y]oo-sds tee-k<lm iI-set \nlang-gwd-d<ls), n. [Law Latin \"bring with you, although \nsick\"J Hist. A habeas corpus writ ordering a sheriff to \nbring someone into court despite a return by the sheriff \nnoting that the person was too ill to come. \nDuchy Court of Lancaster (d;)ch-ee kort <lV lang-kd\nst<lr). Hist. English law. A court with special equity \njurisdiction, similar to the equity courts of chancery, \nin which the Duchy ofLancaster's chancellor or deputy \npresides over issues primarily relating to land held by \nthe Crown in right ofthe Duchy. \nDuchy of Lancaster (d;)ch-ee <lV lang-k<l-st<lr). Land, \nin the county of Lancaster, the Savoy in London, and \naround Westminster, that originally belonged to the \nDuke of Lancaster and later belonged to the Crown in \nright of the Duchy. \nducking stool. See CASTIGATORY. \ndue, adj. (l4c) 1. Just, proper, regular, and reasonable \n<due care> <due notice>. 2. Immediately enforceable \n<payment is due on delivery>. 3. Owing or payable; \nconstituting a debt <the tax refund is due from the \nIRS>. \ndue-bill. See IOU. \ndue care. See reasonable care under CARE. due compensation. See just compensation under COM\nPENSATION. \ndue consideration. 1. The degree of attention properly \npaid to something, as the circumstances merit. 2. See \nsufficient consideration under CONSIDERATION (1). \ndue course, payment in. See PAYMENT IN DUE COURSE. \ndue-course holder. See HOLDER IN DUE COURSE. \ndue course oflaw. See DUE PROCESS. \ndue day. See BOON DAY. \ndue deference. The appropriate degree of respect with \nwhich a reviewing authority must consider the decision \nofa primary decision-maker. \ndue diligence. See DILIGENCE. \ndue-diligence information. Securities.lnformation that \na broker-dealer is required to have on file and make \navailable to potential customers before submitting quo\ntations for over-the-counter securities. -The informa\ntional requirements are set out in SEC Rule 15c2-11 (17 \nCFR  240.15c2-11). \ndue influence. (17c) The sway that one person has over \nanother, esp. as a result of temperate persuasion, \nargument, or appeal to the person's affections. Cf. \nUNDUE INFLUENCE. \nduel. (ISc) 1. TRIAL BY COMBAT. 2. A Single combat; \nspecif., a prearranged combat with deadly weapons \nfought between two or more persons under prescribed \nrules, uSU. in the presence of at least two witnesses, \nto resolve a previous quarrel or avenge a deed. -In \nEngland and the United States, death resulting from a \nduel is treated as murder, and seconds may be liable as \naccessories. -Also termed monomachy; single combat. \nCf. MUTUAL COMBAT. [Cases: Homicide ~S37.] \n\"[AJ duel which did not end in death was only a misde\nmeanour, till the passing of Lord Ellenborough's Act, 43 \nGeo. 3, C. 58, passed in 1803 .... A duel which did end \nfatally might be either murder or manslaughter, according \nto the following distinctions: ~If the duel was on a sudden \nfalling out, if the parties fought in hot blood and on the \nspot and one was killed, the offence was only manslaugh \nter, however aggravated the case might be.... If a fatal \nduel took place when the parties were in cool blood, it was \nheld to be murder, and of this there has never been any \ndoubt whatever in this country, though juries not unfre\nquently acquitted in such cases if they sympathized with \nthe prisoner.\" 3James Fitzjames Stephen, A History ofthe \nCriminal Law ofEngland 100 (1883). \n\"Dueling is distinguished from other offenses in that it has \nnone of the elements of sudden heat and paSSion, and is \nusually carried out with some formality. A duel has been \ndistinguished from an 'affray' in that an affray occurs on a \nsudden quarrel while a duel is always the result of design.\" \n28A c.J.S. Dueling  2, at 154 (1996). \ndueling. n. The common-law offense of fighting at an \nappointed time and place after an earlier disagreement. \n_ Ifone ofthe participants is killed, the other is guilty \nofmurder, and all who are present, abetting the crime, \nare gUilty as principals in the second degree. [Cases: \nCriminal Law (;::>4S.30.J \n\"Dueling is prearranged fighting with deadly weapons, \nusually under certain agreed or prescribed rules .... It is a \nmisdemeanor at common law to fight a duel, even though \n\nno death result, to challenge another to a duel, intention \nally to provoke such a challenge, or knowingly to be the \nbearer of such a challenge.\" Rollin M. Perkins & Ronald N. \nBoyce, Criminal Law 243 (3d ed. 1982). \nduellum (q[y]oo-el-<lm), n. [fro Latin duo \"two\"] Hist. See \nTRIAL BY COMBAT. \ndue negotiation. See NEGOTIATION. \ndue notice. See NOTICE. \ndue-on-encumbrance clause. (1971) A mortgage provi\nsion giving the lender the option to accelerate the debt if \nthe borrower further mortgages the real estate without \nthe lender's consent . All state laws on the enforcement \nof due-ori-sale clauses have been preempted, and the \nsubject is now governed exclusively by the Garn Act. 12 \nUSCA  170Ij-3. [Cases: Mortgages (:::::J403.] \ndue-on-sale clause. (1967) A mortgage provision that \ngives the lender the option to accelerate the debt if the \nborrower transfers or conveys any part of the mort\ngaged real estate without the lender's consent. [Cases: \nMortgages (;=c403.) \ndue posting. (1893) 1. The stamping and placing ofletters \nor packages in the U.S. mail. [Cases: Postal Service \n(:::::J 15.) 2. 'Ihe proper entry ofan item into a ledger. 3. \nProper publication; proper placement of an item (such \nas an announcement) in a particular place, as on a par\nticular wall. \ndue process. (16c) The conduct of legal proceedings \naccording to established rules and principles for the \nprotection and enforcement of private rights, including \nnotice and the right to a fair hearing before a tribunal \nwith the power to decide the case. Also termed due \nprocess oflaw; due course oflaw. See FUNDAMENTAL\nFAIRNESS DOCTRINE. [Cases: Constitutional Law \n3840-4841.] \n\"The words 'due process' have a precise technical import, \nand are only applicable to the process and proceedings \nof the courts of justice; they can never be referred to an \nact of legislature.\" Alexander Hamilton, Remarks on an \nAct for Regulating Elections, New York Assembly, 6 Feb. \n1787, in 4 Papers ofAlexander Hamilton 34. 35 (Harold C. \nSyrett ed., 1962). \n'The words, 'due process of law,' were undoubtedly \nintended to convey the same meaning as the words, 'by \nthe law of the land: in Magna Charta.\" Murray's Lessee v. \nHoboken Land & Improvement Co., 59 U.S. (18 How.) 272, \n276 (1856) (CurtiS, J.). \n\"Due process of law in each particular case means, such \nan exertion of the powers of government as the settled \nmaxims of law sanction, and under such safeguards for the \nprotection of individual rights as those maxims prescribe \nfor the class of cases to which the one in question belongs.\" \nThomas M. Cooley, A Treatise on the Constitutional Limita \ntions 356 (1868). \n\"An elementary and fundamental requirement of due \nprocess in any proceeding which is to be accorded finality \nis notice reasonably calculated, under all the circum \nstances, to apprise interested parties of the pendency \nof the action and afford them an opportunity to present \ntheir objections .... The notice must be of such nature as \nreasonably to convey the required information.\" Mullane \nV. Central Hanover Bank &Trust Co., 339 U.s. 306, 314, "}
{"text": "\nV. Central Hanover Bank &Trust Co., 339 U.s. 306, 314, 70 \nS.Ct. 652, 657 (1950) Uackson,J.). economic substantive due process. (1957) The doctrine \nthat certain social policies, such as the freedom of \ncontract or the right to enjoy property without inter\nference by government regulation, exist in the Due \nProcess Clause ofthe 14th Amendment, particularly \nin the words \"liberty\" and \"property.\" \nprocedural due process. (1934) The minimal require\nments ofnotice and a hearing guaranteed by the Due \nProcess Clauses of the 5th and 14th Amendments, \nesp. if the deprivation of a significant life, liberty, or \nproperty interest may occur . The Supreme Court \nhas ruled that the fundamental guarantees of due \nprocess apply to children as well as to adults and that \nthey apply in situations in which a juvenile may be \ndeprived ofliberty even though the juvenile proceed\nings may be labeled civil rather than criminal. In re \nGault, 387 U.S. 1, 87 S.Ct. 1428 (1967). In that case, the \nCourt held that an accused child was entitled to notice \nof the charges, the privilege against self-incrimina\ntion, the right to confront witnesses, and the right to \nsummon witnesses on his or her own behalf. Justice \nAbe Fortas wrote the majority opinion in Gault, and \nChief Justice Earl Warren predicted that it would \ncome to be called the \"Magna Carta for juveniles.\" \n[Cases: Constitutional Law (:::::J386i.J \nsubstantive due process. (1933) The doctrine that the \nDue Process Clauses ofthe 5th and 14th Amendments \nrequire legislation to be fair and reasonable in content \nand to further a legitimate governmental objective. \n[Cases: Constitutional Law (;=c3892.] \nDue Process Clause. (1890) The constitutional provision \nthat prohibits the government from unfairly or arbi\ntrarily depriving a person of life, liberty, or property. \n There are two Due Process Clauses in the U.S. Con\nstitution, one in the 5th Amendment applying to the \nfederal government, and one in the 14th Amendment \napplying to the states (although the 5th Amendment's \nDue Process Clause also applies to the states under \nthe incorporation doctrine). Cf. EQUAL PROTECTION \nCLAUSE. [Cases: Constitutional Law (;=c 3840-4841.] \ndue process oflaw. See DUE PROCESS. \ndue-process rights. (1930) The rights (as to life, liberty, \nand property) so fundamentally important as to require \ncompliance with due-process standards offairness and \njustice. See DUE PROCESS; DUE PROCESS CLAUSE; FUN\nDAMENTAL-FAIRNESS DOCTRINE. \ndue proof. Sufficient and properly submitted evidence \nto produce a result or support a conclusion, such as \nan entitlement to benefits supported by an insur\nance policy . The evidence need not be the best proof \npossible. Metropolitan Life Ins. Co. v. Frisch, 65 N.E. 2d \n852,855 (Ind. App. 1946). \nDuhig rule. Oil & gas. A rule of title interpretation devel\noped to deal with the common problem of overcon\nveyance offractional interests by giving priority to the \ngranted interest over the reserved interest. Duhig v. \nPeavy Moore Lumber Co., Inc., 144 S.W.2d 878 (Tex. \n1940). The rule is not accepted in all states and is \n\nDUI \t 576 \ngenerally limited to conveyances by warranty deed. \n[Cases: Mines and Minerals C=:>55(4), 55(7).] \nDUI. abbr. DRIVING UNDER THE INFLUENCE. \nDUlL. abbr. Driving under the influence of liquor. See \nDRIVING UNDER THE INFLUENCE. \nduke. 1. A sovereign prince; a ruler of a duchy. 2. The \nfirst order of nobility in Great Britain below the royal \nfamily. \n;'But after the Norman conquest, which changed the military \npolicy of the nation, the kings themselves continuing for \nmany generations dukes of Normandy, they would not \nhonour any subjects with that title, till the time of Edward \nIII; who, claiming to be the king of France, and thereby \nlosing the ducal in the royal dignity, in the eleventh year \nof his reign created his son, Edward the black prince, duke \nof Cornwall: and many, of the royal family espeCially, were \nafterwards raised to the honour. However, in the reign of \nqueen Elizabeth, A.D. 1572, the whole order became utterly \nextinct: but it was revived about fifty years afterwards by \nher successor, who was remarkably prodigal of honours, \nin the person of George Villiers duke of Buckingham.\" 1 \nWilliam Blackstone, Commentaries on the Laws of England \n385 (1765). \nDuke ofExeter's Daughter. A torture rack in the Tower \nofLondon, named after the Duke ofExeter, Henry VI's \nminister who assisted in introducing it to England. \nAlso termed brake. \n\"The rack ... to extort a confession from criminals, is a \npractice of a different nature .... And the trial by rack is \nutterly unknown to the law of England; though once when \nthe dukes of Exeter and Suffolk. , , had laid a design to \nintroduce the civil law into this kingdom as the rule of \ngovernment, for a beginning thereof they erected a rack for \ntorture; which was called in derision the duke of Exeter's \ndaughter, and still remains in the tower of london: where \nit was occasionally used as an engine of state, not of law, \nmore than once in the reign of queen Elizabeth.\" 4 William \nBlackstone, Commentaries on the Laws ofEngland 320-21 \n(1769). \nDuke of York's Laws. A body oflaws compiled in 1665 \nby Governor Nicholls for the more orderly govern\nment of the New York colony . The laws were gradu\nally extended to the entire province. \ndulocracy (d[y]oo-lok-r<l-see), n. [fro Greek doulos \n\"servant\" + kratein \"to rule\"] A government in which \nservants or slaves have so many privileges that they \nessentially rule. -Also spelled doulocracy. \nduly, adv. In a proper manner; in accordance with legal \nrequirements. \ndum (d<lm). [Latin] While; provided that. \ndumb bidding. An auction bidding process in which the \nminimum acceptance price is placed under the object \nfor sale -unbeknownst to the bidders -and no bids \nare accepted until they meet that price . Dumb bidding \nwas initially intended to avoid the taxes imposed on \nauction sales by the statute of 1779, 19 Geo. 3, ch. 56, \n 5-6, but the courts determined that the practice was \nfraudulent. [Cases: Auctions and Auctioneers C=:>7.J \ndum fervet opus (d<lm f;lr-vet oh-p<ls). [Latin] While the \naction is fresh; in the heat of action . This term usu. \nreferred to matters oftestimony. dumfuit infra aetatem (d<lm fyoo-it in-fra ee-tay-t<lm), \nn. [Law Latin \"while he was within age\"] Hist. A writ \nallowing a person of full age to recover lands feoffed \nwhile the person was an infant.  'Ihe remedy was also \navailable to the person's heirs. It was later replaced by \nthe action of ejectment. See EJECTMENT. \ndum fuit in prisona (dam fyoo-it in priz-<l-na), n. [Law \nLatin \"while he was in prison\"] Hist. A writ restoring a \nman to his estate after he transferred the estate under \nduress of imprisonment. See DURESS OF IMPRISON\nMENT. \ndummodo (dilm-<l-doh). [Latin] So that; provided that. \n This term was used as a limitation in conveyances, \nas in dummodo so/verit talem redditum (dilm-<l-doh \nsol-v<l-rit tay-Iem red-i-t<lm), meaning \"provided he \nshall pay such a rent.\" \ndummodo constet de persona (dilm-<l-doh kon-stet dee \npar-soh-n<l). [Latin] Hist. Provided it be evident who is \nthe person meant. See CONSTAT DE PERSONA. \ndummodo vassalli conditio non sit deterior (d;lm-a\ndoh vas-<l-h k<ln-dish-ee-oh non sit di-teer-ee-or). \n[Law Latin] Rist. Provided the vassal's condition be \nnot made worse . The phrase was used as a limitation \nin a conveyance. See DUMMODO. \ndummy. \t adj. (1846) Sham; make-believe; pretend \n<dummy corporation>. \ndummy, n. (1866) 1. A party who has no interest in a \ntransaction, but participates to help achieve a legal goal. \n2. A party who purchases property and holds legal title \nfor another. Cf. STRAW MAN (3). \ndummy corporation. See CORPORATION. \ndummy director. See DIRECTOR. \ndummy shareholder. See SHAREHOLDER. \ndum non fuit compos mentis (dC)m non fyoo-it kom-p<ls \nmen-tis), n. [l.aw Latin \"while he was of unsound \nmind\"] Hist. A writ allowing heirs to recover an estate \ntransferred by someone of unsound mind. \ndump, vb. 1. To drop (something) down, esp. in a heap; to \nunload. 2. To sell (products) at an extremely low price; \nspecif., to sell (products) in a foreign market at a lower \nprice than at home. \ndumping. (1857) 1. The act ofselling a large quantity of \ngoods at less than fair value. 2. Selling goods abroad at \nless than the market price at horne. See ANTIDUMPING \nLAW. [Cases: Environmental Law C=:>353, 354.] \n\"Dumping involves selling abroad at a price that is less than \nthe price used to sell the same goods at home (the 'normal' \nor 'fair' value). To be unlawful, dumping must threaten or \ncause material injury to an industry in the export market, \nthe market where prices are lower. Dumping is recognized \nby most of the trading world as an unfair practice (akin \nto price discrimination as an antitrust offense).\" Ralph H, \nFolsom & Michael W. Gordon, International BUSiness Trans\nactions  6.1 (1995). \n3. The disposal ofwaste matter into the environment. \n[Cases: Environmental Law C=:>341.] \nDumping Act. A federal antidumping law requir\ning the Secretary of the Treasury to notify the U.S. \n\nInternational Trade Commission (USITC) whenever \nthe Secretary determines that goods are likely to be sold \nabroad at less than their fair value, so that the USITC \ncan take appropriate action. 19 USCA  1673. [Cases: \nCustoms Duties ~21.5.] \ndump-truck lawyer. Slang. A public defender who spends \nlittle time or effort and exhibits little skill mounting \na defense on behalf of an indigent defendant. -This \nderogatory term arises from criminal defendants' \ncommon perception (typically a misperception) that \npublic defenders prefer to dump cases by making plea \nbargains rather than spend time preparing for trial. \nPeople v .. Clark, 833 P.2d 561, 590 (Cal. 1992); People \nv. Huffman, 139 Cal. Rptr. 264, 267 n.2 (Cal. App. \n1977). \ndum se bene gesserit (d;,m see bee-nee jes-dr-it). [Latin \n\"while he behaves himself properly\"jllist. During good \nconduct. Cf. QUAMDIU BENE SE GESSERINT. \ndum sola (d;!m soh-I;!). [Latin] While Single. _ This \nphrase was used to limit conveyances, esp. to women, \nas in dum sola fuerit (\"while she remains single\"), dum \nsola et casta vixerit (\"while she remains single and \nchaste\"), and dum sola et casta (\"while she is unmar\nried and lives chastely\"). \ndun (d;,n), vb. (17c) To demand payment from (a delin\nquent debtor) <his creditors are dunning him daily>. \ndun, n. \nDunaway hearing. (1983) Criminal law. A pretrial \nhearing to determine whether evidence was obtained \nin violation ofFourth Amendment protections against \nunreasonable search and seizure. -The name derives \nfrom Dunaway v. New York, 442 U.S. 200,99 S.Ct. 2249 \n(1979). [Cases: Criminal Law ~394.6(5),] \ndungeon. 1. The bottom part of a fortress or tower, often \nused as a prison. Also termed dungeon-keep. 2. A \ndark underground prison. \nduunage (d<ln-ij). Anything, esp. pieces of wood, that \nare put underneath or between cargo on a vessel to \nprevent the cargo from bruising or getting wet from \nwater leaking into the hold. [Cases: Shipping 110.J \nduodecemvirale judicium (d[yJoo-oh-des-am-vd-ray-lee \njoo-dish-ee-;,m). [Latin] A trial by 12 persons; a trial \nby jury. \nduodecima manus (d[yJoo-oh-des-;!-m;, man-;,s). [Latin] \nTwelve men. \n\"The manner of waging and making law is this. He that \nhas waged, or given security, to make his law, brings with \nhim into court eleven of his neighbours: ... for by the \nold Saxon constitution every man's credit in courts of law \ndepended upon the opinion which his neighbours had of \nhis veracity, The defendant then, standing at the end of the \nbar, is admonished by the judges of the nature and danger \nof a false oath .. , . And thereupon"}
{"text": "the \nbar, is admonished by the judges of the nature and danger \nof a false oath .. , . And thereupon his eleven neighbours \nor compurgators shall avow upon their oaths that they \nbelieve in their consciences that he saith the truth .... It is \nheld indeed by later authorities, .. that fewer than eleven \ncompurgators will do: but Sir Edward Coke is positive that \nthere must be this number ... for as wager of law is equiva \nlent to a verdict in the defendant's favor, it ought to be \nestablished by the same or equal testimony, namely, by \nthe oath of twelve men. And so indeed Glanvil expresses it, ... ,'jurabit duodecima manu' ... .\"' 3 William Blackstone, \nCommentaries on the Laws ofEngland 343 (1768). \nduodena (d[y]oo-a-dee-na). [LatinJ 1. A jury of twelve. \n2. A dozen of anything. \nduopoly (d[y]oo-op-a-Iee). A market in which there are \nonly two sellers of a product, \nduopsony (d[y]oo-op-s;!-nee). A market in which there \nare only two buyers of a product. \nduoviri \t (d[y]oo-oh-v;,-n or d[y]oo-oh VI-rI). See \nDUUMVIRI. \nduplex querela (q[yJoo-pleks kWd-ree-l;,). 1. Hist. Eccles. \nlaw. An appeal by a clerk to the archbishop in response \nto the bishop's delaying or wrongfully refusing to do \njustice. 2. Eccles. law. An appeal to a person's immediate \nsuperior, as when a bishop appeals to an archbishop. \nAlso termed double quarrel; double complaint. \nduplex valor maritagii (d[y]oo-pleks val-dr mar-d-tay\njee-I), n. [Law Latin \"double the value of a marriage\"] \nHist. A ward's forfeiture of double the value of a \nmarriage made without the guardian's consent. -In \nthe quotation that follows, Blackstone uses the accu\nsative form (duplicem valorem maritagii) because the \nphrase follows the verb forfeited. \n\"For, while the infant was in ward, the guardian had the \npower of tendering him or her a suitable match, without dis\nparagement, or inequality: which if the infants refused, they \nforfeited the value of the marriage. , . to their guardian; \nthat is, 50 much as ajury would assess, or anyone would \nbona fide give to the guardian for such an alliance: ... and, \nif the infants married themselves without the guardian's \nconsent, they forfeited double the value, dup/icem valorem \nmaritagii. This seems to have been one of the greatest \nhardships of our ancient tenures.\"' 2 William Blackstone, \nCommentaries on the Laws ofEngland 70 (1766). \nduplicate (d[y]oo-pli-kit), n. (16c) 1. A reproduction of \nan original document having the same particulars and \neffect as the original. See Fed. R. Evid. 101(4).2. A new \noriginal, made to replace an instrument that has been \nlost or destroyed. Also termed (in sense 2) duplicate \noriginal. [Cases: Criminal Law C='399; Evidence \n173.] duplicate (d[y]oo-pli-kit), adj. \n\"A 'duplicate' is defined for purposes of the best evidence \nrule as a counterpart produced by the same impression \nas the original, or from the same matrix, or by means of \nphotography including enlargements and miniatures, by \nmechanical or electronic recording, by chemical reproduc \ntion, or by other equivalent techniques which accurately \nreproduce the original; copies subsequently produced \nmanually, either handwritten or typed, are not within this \ndefinition.\" 29A Am. Jur. 2d Evidence  1085 (1994). \nduplicate (d[y]oo-pli-kayt), vb. 1. To copy exactly <he \nduplicated the original document>. 2. To double; to \nrepeat <she duplicated the performance>. \nduplicate-claiming rejection. See REJECTION. \nduplicate taxation. See double taxation under \nTAXATION, \nduplicate will. See WILL. \nduplicatio (d[y]oo-pli-kay-shee-oh), n. [fro Latin dupli\ncare \"to double\"] 1. Roman & civil law. A defen\ndant's answer to the plaintiffs replication, similar to \n\n578 duplicative \na rejoinder in common law. -Also termed (in Scots \nlaw) duply. See REPLICATION. 2. The fourth in a series. \n3. A duplication ofa transaction. \nduplicative (doo-plik-~-tiv also doo-pli-kay-tiv), adj. 1. \nHaving or characterized by having overlapping content, \nintentions, or effect <duplicative sources> <duplica\ntive evidence> <duplicative regulations>. 2. Duplicate; \nhaving or characterized by having identical content \n<duplicative database> <duplicative backup>. \nduplicatum jus (d[y]oo-pli-kay-t~m jas), n. (Law Latin \ndouble right\"] A double right, such as droit droit (both \nthe \"right ofpossession and right of property\"). \nduplicito~s (d[y]oo-plis-i-t~s), adj. 1. (Of a person) \ndeceitful; double-dealing. 2. (Of a pleading, esp. an \nindictment) alleging two or more matters in one plea; \ncharacterized by double pleading. \nduplicitous appeal. See APPEAL. \nduplicitous indictment. See INDICTMENT. \nduplicitous information. See INFORMATION. \nduplicity (d[y]oo-plis-i-tee), n. (15c) I. Deceitfulness; \ndouble-dealing. 2. The charging of the same offense \nin more than one count of an indictment. 3. The \npleading oftwo or more distinct grounds of complaint \nor defense for the same issue . In criminal procedure, \nthis takes the form ofjoining two or more offenses in \nthe same count ofan indictment. -Also termed double \npleading. Cf. alternative pleading under PLEADING (2); \ndouble plea under PLEA (3). (Cases: Federal Civil Pro\ncedure C=>675; Indictment and Information \nPleading \nduplum (d[y]oo-pl~m). [Latin] Roman & civil law. Double \nthe price of something; esp., a measure of damages \nequal to double a thing's value . This measure was \nused for certain delicts. Cf. SIMPLUM. \nduply. See DUPLICATIO (1). \ndurable goods. See GOODS. \ndurable lease. See LEASE. \ndurable power ofattorney. See POWER OF ATTORNEY. \ndurables. See durable goods under GOODS. \ndurante (d[y]~-ran-tee). [Law Latin] While; during, as \nin durante minore aetate (\"durin minority\"), durante \nviduitate (\"during widowho , durante virginitate \n(\"during virginity\"), and durante vita (\"during life\"). \n The term was often used in conveyancing. \ndurante absentia (d(y]~-ran-tee ab-sen-shee-<'l). [Law \nLatin] During absence. This term referred to the \nadministration ofan estate while the executor was out \nof the county or otherwise absent. During the execu\ntor's absence, the administration sometimes contin\nued because a delay until the executor's return would \nimpair the estate settlement. \ndurante bene placito (d[y]<'l-ran-tee bee-nee plas-~-toh). \n[Law Latin] During good pleasure . This phrase was \nused in the royal writ granting tenure durante bene \nplacito to the king' judges. durante furore (d[y]<'l-ran-tee fyuu-ror-ee). [Law Latin] \nHist. While the insanity endures. _ The phrase appeared \nin reference to the rule prohibiting the state from pros\necuting an insane person. Ihe state could, however, \nprosecute the person once the insanity ended. \nduration. (14c) 1. The length of time something lasts \n<the duration ofthe lawsuit>. \nduration ofinterest. The length of time a property \ninterest lasts. \nduration oftrust. The length of time a trust exists. \n[Cases: Trusts C=>60.J \n2. A length of time; a continuance in time <an hour's \nduration>. \ndurational-residency requirement. (1970) 1he require\nment that one be a state resident for a certain time, such \nas one year, as a precondition to the exercise ofa sped\nfied right or privilege. -When applied to voting, this \nrequirement has been held to be an unconstitutional \ndenial of equal protection because it burdens voting \nrights and impairs the fundamental personal right of \ntravel. \nDuration Directive. See DIRECTIVE HARMONIZING THE \nTERM OF COPYRIGHT AND CERTAIN RELATED RIGHTS. \nDuren test. (1980) Constitutional law. A test to determine \nwhether a jury's composition violates the fair-cross\nsection requirement and a criminal defendant's Sixth \nAmendment right to an impartial jury. Under the \ntest, a constitutional violation occurs if(1) a distinctive \ngroup is not fairly and reasonably represented in the \njury pool in relation to its population in the community, \n(2) the underrepresentation is the result of a systematic \nexclusion ofthe group from the jury-selection process, \nand (3) the government cannot reasonably justify the \ndiscrepancy. Duren v. Missouri, 439 U.S. 357, 99 S.O. \n664 (1979). See FAIR-CROSS-SECTION REQUIREMENT; \nSTATISTICAL-DECISION THEORY; ABSOLUTE DISPARITY; \nCOMPARATIVE DISPARITY. (Cases: JuryC=>33(1.1).J \nduress (d[y]uu-res). (13c) 1. Strictly, the physical con\nfinement of a person or the detention of a contracting \nparty's property . In the field of torts, duress is con\nsidered a species of fraud in which compulSion takes \nthe place of deceit in causing injury. \n\"Duress consists in actual or threatened violence or impris\nonment; the subject of it must be the contracting party \nhimself, or his wife, parent, or child; and it must be inflicted \nor threatened by the other party to the contract, or else \nby one acting with his knowledge and for his advantage.\" \nWilliam R. Anson, PrinCiples of the Law ofContract 261-62 \n(Arthur l. Corbin ed., 3d Am. ed. 1919). \n\"Few areas of the law of contracts have undergone such \nradical changes in the nineteenth and twentieth centuries \nas has the law governing duress. In Blackstone's time relief \nfrom an agreement on grounds of duress was a possibility \nonly if it was coerced by actual (not threatened) imprison\nment or fear of loss of life or limb. 'A fear of battery ... is no \nduress; neither is the fear of having one's house burned, or \none's goods taken away or destroyed': he wrote, 'because \nin these cases, should the threat be performed, a man may \nhave satisfaction by recovering equivalent damages: but \nno SUitable atonement can be made for the loss of life, or \nlimb: Today the general rule is that any wrongful act or \n\n579 \nthreat which overcomes the free will of a party constitutes \nduress. This simple statement of the law conceals a number \nof questions, particularly as to the meaning of 'free will' \nand 'wrongful.'\" John D. Calamari &Joseph M. Perillo, The \nLaw ofContracts  9-2, at 337 (3d ed. 1987). \n2. Broadly, a threat of harm made to compel a person \nto do something against his or her will or judgment; \nesp., a wrongful threat made by one person to compel \na manifestation of seeming assent by another person \nto a transaction without real volition . A marriage \nthat is induced by duress is generally voidable. 3. The \nuse or threatened use of unlawful force -usu. that a \nreasonable person cannot resist -to compel someone \nto commh an unlawful act . Duress is a recognized \ndefense to a crime, contractual breach, or tort. See \nModel Penal Code  2.09. See COERCION. \n\"[In most states,] the age-old rule of duress -that the \ndOing of a prohibited act is not a crime if reasonably \nbelieved to be necessary to save from death or great bodily \ninjury -together with the equally ancient exception in the \nform of the 'inexcusable choice,' are as firm today as ever \nexcept for the realization that they cover only part of the \nfield.\" Rollin M. Perkins & Ronald N. Boyce, Criminal Law \n1064 (3d ed. 1982). \n\"Among defenses, necessity needs to be distinguished \nfrom duress. Necessity is generally regarded as a justifi\ncation, while duress is held to be an excuse. This means \nthat the person who acts under necessity chooses to act \nin a way that the law Ultimately approves. The person who \nacts under duress acts in a way that the law disapproves \nand seeks to discourage, but he acts under circumstances \nwhich make conviction and punishment inappropriate and \nunfair. This is so because to act under duress is to act under \npressures that a person of reasonable firmness would not \nbe able to resist. Thus, both the theory of necessity and \nthe theory of duress refer to the pressure of exigent and \nextraordinary situations, but they do so in different ways.\" \nThomas Morawetz, \"Necessity,\" in 3 Encyclopedia ofCrime \nand justice 957, 959 (Sanford H. Kadish ed., 1983). \nduress ofcircumstances. See NECESSITY (1). \nduress ofgoods. 1. The act ofseizing personal property \nby force, or withholding it from an entitled party, and \nthen extorting something as the condition for its \nrelease. 2. Demanding and taking personal property \nunder color oflegal authority that either is void or for \nsome other reason does not justify the demand. \nduress ofimprisonment. The wrongful confining of a \nperson to force the person to do something. \nduress of the person. Compulsion of a person by \nimprisonment, by threat, or by a show of force that \ncannot be resisted"}
{"text": "person. Compulsion of a person by \nimprisonment, by threat, or by a show of force that \ncannot be resisted. \nduress per minas (par mI-nas). [Law Latin) Duress by \nthreat ofloss of life, loss of limb, mayhem, or other \nharm to a person. \n\"Duress per minas is either for fear of loss of life, or else for \nfear of mayhem, or loss of limb. And this fear must be upon \nsufficient reason .... A fear of battery, or being beaten, \nthough never so well grounded, is no duress; neither is the \nfear of having one's house burned, or one's goods taken \naway and destroyed; because in these cases, should the \nthreat be performed, a man may have satisfaction by recov\nering equivalent damages: but no suitable atonement can \nbe made for the loss of life, or limb.\" 1 William Blackstone, \nCommentaries on the Laws of England 127 (1765). Dutch-auction tender method \n\"Duress per minas is a very rare defence; so rare that Sir \nJames Stephen, in his long forensic experience, never saw \na case in which it was raised. It has, however, been thought \nthat threats of the immediate infliction of death, or even of \ngrievous bodily harm, will excuse some crimes that have \nbeen committed under the influence of such threats.\" J.w. \nCecil Turner, Kenny's Outlines of Criminal Law 58 (16th \ned. 1952). \neconomic duress. (1929) An unlawful coercion to \nperform by threatening financial injury at a time \nwhen one cannot exercise free will. -Also termed \nbusiness compulsion. \n\"Courts have shown a willingness to recognize the concept \nof 'economic duress.' For instance it has been held that \na defence on these grounds may be available to the pur\nchaser of a ship from a shipbuilder, if the latter extracts a \npromise of extra payment as a condition of delivery of the \nship.\" P.S. Atiyah, An Introduction to the Law of Contract \n230 (3d ed. 1981). \nmoral duress. An unlawful coercion to perform by \nunduly influencing or taking advantage of the weak \nfinancial position ofanother. Moral duress focuses \non the inequities of a situation while economic duress \nfocuses on the lack of will or capacity of the person \nbeing influenced. \nDurham (dilr-am). One ofthe three remaining county \npalatines in England, the others being Chester and Lan\ncaster. Its jurisdiction was vested in the Bishop of \nDurham until the statute 6 & 7 WilL 4, ch. 19 vested it \nas a separate franchise and royalty in the Crown. The \njurisdiction of the Durham Court of Pleas was trans\nferred to the Supreme Court of Judicature by the Judi\ncature Act of 1873, but Durham continued to maintain \na Chancery Court according to the Palatine Court of \nDurham Act of 1889. See COUNTY PALATINE. \nDurham rule. Criminal law. A test for the insanity \ndefense, holding that a defendant is not criminally \nresponsible for an act that was the product of mental \ndisease or defect (Durham v. United States, 214 P.2d \n862 (D.C. Cir. 1954). Formerly used in New Hamp\nshire and the District of Columbia, the Durham rule \nhas been criticized as being too broad and is no longer \naccepted in any American jurisdiction. Also termed \nproduct test. See INSANITY DEFENSE. [Cases: Criminal \nLaw~48.l \nDurrett rule. Bankruptcy. 1he principle that a transfer of \nproperty in exchange for less than 70% of the property's \nvalue should be invalidated as a preferential transfer. \nDurrett v. Washington Nat'l Ins. Co., 621 F.2d 201 (5th \nCir. 1980); 11 USCA  548. This rule has been applied \nmost frequently to foreclosure sales. But it has essen \ntially been overruled by the U.S. Supreme Court, which \nhas held that, at least for mortgage foreclosure sales, \nthe price received at a regularly conducted, noncol\nlusive sale represents a reasonably equivalent value of \nthe property, and the transfer is presumed valid. BFP \nv. Resolution Trust Corp., 511 U.S. 531, 114 S.Ct. 1757 \n(1994). [Cases: Bankruptcy C---::::> 2650.) \nDutch auction. See AUCTION. \nDutch-auction tender method. See Dutch auction (3) \nunder AUCTION. \n\n580 Dutch lottery \nDutch lottery. See LOTTERY. \ndutiable (d[y]oo-tee-Cl-bClI), adj. Subject to a duty \n<dutiable goods>. \nduty. (Be) 1. A legal obligation that is owed or due to \nanother and that needs to be satisfied; an obligation for \nwhich somebody else has a corresponding right. \n\"There is a duty if the court says there is a duty; the law, like \nthe Constitution, is what we make it. Duty is only a word \nwith which we state our conclusion that there is or is not to \nbe liability: it necessarily begs the essential question .... \n[M)any factors interplay: the hand of history, our ideas of \nmorals and justice, the convenience of administration of \nthe rule, and our social ideas as to where loss should fall.\" \nWilliam L. Prosser, Paisgraf Revisited, 52 Mich. L. Rev. 1, \n15 (1953). \n\"A classic English definition [of duty] from the late nine\nteenth century holds that, when circumstances place one \nindividual in such a position with regard to another that \nthinking persons of ordinary sense would recognize the \ndanger of injury to the other if ordinary skill and care were \nnot used, a duty arises to use ordinary skill and care to \navoid the injury. A much quoted American judicial defi \nnition of duty emphasizes its relational aspects, with a \nfocus on the foreseeability of risk to those 'Within the \nrange of apprehension.' At about the same time, one of \nthe most creative of American law teachers defined duty as \na complex of factors, including administrative, economic, \nand moral ones, to be applied by judges in their analyses \nof the legal strength of personal injury cases.\" Marshall S. \nShapo, The Duty to Actxi-xii (1977). \n\"While courts frequently say that establishing 'duty' is \nthe first prerequisite in an individual tort case, courts \ncommonly go on to say that there is a 'general duty' to \n'exercise reasonable care,' to avoid subjecting others to \n'an unreasonable risk of harm,' or to comply with the \n'legal standard of reasonable conduct.' Though cast in \nthe language of duty, these formulations merely give the \nexpression to the point that negligence is the standard of \nliability.\" Restatement (Third) of Torts  6 cmt. a (Discus\nsion Draft 1999). \nabsolute duty. 1. A duty to which no corresponding \nright attaches . According to John Austin's legal phi\nlosophy, there are four kinds of absolute duties: (1) \nduties not regarding persons (such as those owed to \nGod and to lower animals), (2) duties owed to persons \nindefinitely (Le., to the community as a whole), (3) \nself-regarding duties (such as the duty not to commit \nsuicide), and (4) duties owed to the sovereign. 1 John \nAustin, The Providence ofJurisprudence Determined \n400 (Sarah Austin ed., 2d ed. 1861). 2. A duty as to \nwhich nothing but lapse of time remains necessary \nto make immediate performance by the promisor \nobligatory. \nactive duty. See positive duty. \naffirmative duty. A duty to take a positive step to do \nsomething. \nconditional duty. A duty that is conditioned on the \noccurrence of an event other than the lapse oftime. \ncontractual duty. 1. A duty ariSing under a particular \ncontract. [Cases: Contracts C:>1.) 2. A duty imposed \nby the law ofcontracts. \ndelegable duty. (1908) A duty that may be transferred \nto another to perform. See ASSIGNMENT. duty to act. (17c) A duty to take some action to prevent \nharm to another, and for the failure of which one may \nbe liable depending on the relationship ofthe parties \nand the circumstances. [Cases: Negligence ~210.1 \nduty to defend. Insurance. The obligation ofan insurer \nto provide an insured with a legal defense against \nclaims of liability, within the terms of the policy. _ \nThe duty to defend applies if the terms of the policy \nand the facts of the claim allow an ambiguity about \nwhether the insurer will have a duty to indemnify the \ninsured. It does not apply if no such ambiguity exists. \n[Cases: Insurance ~2911.) \nduty to indemnify. An obligation to compensate \nanother for the other's loss . The duty arises under \nthe terms of an agreement, which governs the extent \nof the duty. An insurance policy is fundamentally \nan indemnification agreement, but the duty is often \nmade a part of other contracts as well. [Cases: Indem\nnity~25, 31-39; Insurance ~2092, 2268.] \nduty to settle. Insurance. The obligation of an insurer \nto negotiate and settle third-party claims against an \ninsured in good faith. \nduty to speak. (16c) A requirement (not strictly a duty) \nto say something to correct another's false impres\nsion. For example, a duty to speak may arise when \na person has, during the course of negotiations, said \nsomething that was true at the time but that has \nceased to be true before the contract is Signed. [Cases: \nFraud \nequitable duty. A duty enforceable in a court of \nchancery or in a court having the powers of a court \nin chancery. \nimperfect duty. 1. A duty that, though recognized by \nlaw, is not enforceable against the person who owes \nit. 2. A duty that is not fit for enforcement but should \nbe left to the discretion and conscience ofthe person \nwhose duty it is. \nimplied duty ofcooperation. A duty existing in every \ncontract, obligating each party to cooperate with, or \nat least not to wrongfully hinder, the other party's \nperformance . Breach of this implied duty excuses \nperformance. [Cases: Contracts ~168.) \nlegal duty. (17c) A duty arising by contract or by opera\ntion of law; an obligation the breach ofwhich would \ngive a legal remedy <the legal duty of parents to \nsupport their children>. \nmoral duty. A duty the breach of which would be a \nmoral wrong. Also termed natural duty. \nnegative duty. A duty that forbids someone to do some\nthing; a duty that requires someone to abstain from \nsomething. -Also termed passive duty. \nnoncontractual duty. A duty that arises independently \nof any contract. \nnondelegable duty (non-del-;J-g;J-bCll). (1902) 1. Con\ntracts. A duty that cannot be delegated by a contract\ning party to a third party. -Ifa contracting party \npurports to delegate the duty, the other party can \n\nrightfully refuse to accept performance by the third \nparty. [Cases: Assignments 19; Principal and \nAgent C=>S4.]2. Torts. A duty that may be delegated to \nan independent contractor by a principal, who retains \nprimary (as opposed to vicarious) responsibility if \nthe duty is not properly performed . For example, a \nlandlord's duty to maintain common areas, though \ndelegated to a service contractor, remains the land\nlord's responsibility ifsomeone is injured by improper \nmaintenance. [Cases: Labor and Employment c=> \n2848,3133; Landlord and Tenant C=>162; Negligence \nC=> 1204(1).] \npassive duty. See negative duty. \nperfect duty. A duty that is not merely recognized by \nthe law but is actually enforceable. \npositive duty. A duty that requires a person either to \ndo some definite action or to engage in a continued \ncourse of action. Also termed active duty. \npreexisting duty. (1823) A duty that one is already \nlegally bound to perform. See PREEXISTING-DUTY \nRULE. \nquasi-judicial duty. A discretionary judicial duty that \na nonjudicial officer may perform under some cir\ncumstances. \n2. Any action, performance, task, or observance owed \nby a person in an official or fiduciary capacity. \ndiscretionary duty. A duty that allows a person to \nexercise judgment and choose to perform or not \nperform. Cf. ministerial duty. \nduty ofcandor (kan-d<lr). A duty to disclose material \nfacts; esp., a duty of a director seeking shareholder \napproval of a transaction to disclose to the sharehold\ners all known material facts about the transaction. \n[Cases: Corporations C=>307, 312(5).] \nduty ofcandor andgood faith. Patents. A patent appJi\ncant's responsibility to disclose to the U.S. Patent and \nTrademark Office all known information relevant to \nthe invention's patentability, esp. prior art, novelty, \nand embodiment.  If an applicant fails to be candid \nin disclosing all relevant information, the PTO may \nreject the application. If the patent is issued and \nundisclosed but relevant information is discovered \nlater, the patent may be invalidated, and the applicant \ncharged with fraud on the PTO, even if the undis\nclosed information might not have barred the patent's \nissuance. 37 CFR 1.56. [Cases; Patents C=>97.] \nduty offair representation. A labor union's duty to \nrepresent its member employees fairly, honestly, and \nin good faith. [Cases: Labor and Employment \nl207.] \nduty ofgood faith and fair dealing. A duty that is \nimplied in some contractual relationships, requir\ning the parties to deal with each other fairly, so that \nneither prohibits the other from realizing the agree\nment's benefits. See GOOD FAITH; BAD FAITH. [Cases: \nContracts C'~:, 168.] duty ofloyalty. A person's duty not to engage in self\ndealing or otherwise use his or her position to further \npersonal interests rather than those of the beneficiary. \n For example, directors have a duty not to engage in \nself-dealing to further"}
{"text": "rather than those of the beneficiary. \n For example, directors have a duty not to engage in \nself-dealing to further their own personal interests \nrather than the interests of the corporation. \nfiduciary duty (fi-d[y]oo-shee-er-ee). A duty of utmost \ngood faith, trust, confidence, and candor owed by a \nfiduciary (such as a lawyer or corporate officer) to the \nbeneficiary (such as a lawyer's client or a shareholder); \na duty to act with the highest degree of honesty and \nloyalty toward another person and in the best interests \nofthe other person (such as the duty that one partner \nowes to another). See FIDUCIARy;fiduciary relation\nship under RELATIONSHIP. [Cases: Fraud C=>7.] \nministerial duty. A duty that requires neither the \nexercise of official discretion nor judgment. Cf. dis\ncretionary duty. \nproprietary duty. A duty owed by a governmental \nentity while engaged in a proprietary, rather than \ngovernmental, activity. [Cases; Municipal Corpora\ntions (;::~\") 725.] \n3. Torts. A legal relationship arising from a standard of \ncare, the violation ofwhich subjects the actor to liabil\nity. Also termed duty ofeare. [Cases: Negligence \n210.] 4. A tax imposed on a commodity or transac\ntion, esp. on imports; IMPOST. A duty in this sense is \nimposed on things, not persons. \naccount duty. An inheritance tax payable by a dece\ndent's beneficiary. \nad valorem duty. A tax calculated as a percentage ofan \nimported product's value. Cf. compound duty; specific \nduty. \nantidumping duty. See antidumping tariff under \nTARIFF (3). \ncompound duty. A tax based on a combination of \nimported goods' weight, volume, or item count, plus a \npercentage of their value. Cf ad valorem duty; specific \nduty. \ncountervailing duty. A tax imposed on manufactur\ners of imported goods to protect domestic industry \nby offsetting subsidies given by foreign governments \nto those manufacturers. [Cases; Customs Duties \n21.5.] \ncustoms duty. A tax levied on an imported or exported \ncommodity; esp., the federal tax levied on goods \nshipped into the United States. \ndeath duty. An estate tax or inheritance tax. Also \ntermed estate duty. \nduty ofdetraction. A tax on property acquired by suc\ncession or will and then removed from one state to \nanother. \nestate duty. Hist. English law. A tax imposed on the \nprincipal value of all property that passed on death. \n Estate duties were first imposed in 1889. A capital \ntransfer tax replaced it in 1975. Since 1986, an inher\nitance tax has applied instead, with exceptions for \n\n582 duty-bound \ncertain transactions entered into before then. See \ndeath duty. \nimport duty. A tax on the importation ofa product. \nAlso termed duty on import. \nlegacy duty. See legacy tax under TAX. \nprobate duty. A tax assessed by the government either \non every will admitted to probate or on the gross \nvalue of the decedent's personal property. \nspecific duty. A tax calculated on an import's weight, \nvolume, or item count. Cf. ad valorem duty; compound \nduty. \nsuccession duty. A tax payable by the successor to \nreal property, esp. when the successor has not pur\nchased the property for value but has succeeded to \nthe property in some other way. \ntonnage duty. A charge imposed on a commercial \nvessel for entering, remaining in, or leaving a port., \nusu. assessed on the basis of the ship's weight . \nU.S. Canst. art. I,  10, cl. 3 prohibits the states from \nlevying tonnage duties. -Also termed tonnage tax; \ntonnage. [Cases: Commerce ~78;Shipping ~7.) \nunascertained duty. A preliminary, estimated payment \nto a customs collector of the duty that will be due \non final accounting . An importer pays this duty to \nreceive permission to land and sell the goods. \nduty-bound, adj. Required by legal or moral obligation \nto do something <Jones is duty-bound to deliver the \ngoods by Friday>. \nduty-free, adj. Ofor relating to products offoreign origin \nthat are not subject to import or export taxes. \nduty judge. See JUDGE. \nduty ofcare. See DUTY (3). \nduty of the flag. Hist. A maritime ceremony by which \na foreign vessel struck her flag and lowered her topsail \nupon meeting the British flag . The ceremony was an \nacknowledgment of British sovereignty over the British \nseas. \nduty of tonnage (t;m-ij). See tonnage duty under DUTY \n(4). \nduty ofwater. The amount ofwater necessary to irrigate \na given tract. \nduty on import. See import duty under DUTY (4). \nduty-to-defend clause. Insurance. A liability-insur\nance provision obligating the insurer to take over the \ndefense ofany lawsuit brought by a third party against \nthe insured on a claim that falls within the policy's \ncoverage. See duty to defend under DUTY (1). [Cases: \nInsurance ~29ll.) \nduty to mitigate (mit-i-gayt). (1891) A nonbreaching \nparty's or tort victim's duty to make reasonable efforts \nto limit losses resulting from the other party's breach \nor tort.  Not doing so precludes the party from col\nlecting damages that might have been avoided. See \nMITIGATION-OF-DAMAGES DOCTRINE. [Cases: Damages \n~62.) duumviri (d[y]oo-;Jm-v;J-n), n. pl. [fr. Latin due \"two\" \n+ viri \"men\") 1. Roman law. Magistrates elected \nor appointed in pairs to hold an office or perform a \nfunction. \nduumviri municipales (d[y]oo-;Jm-v;J-n myoo-nis-;J\npay-leez). [Latin) Two judicial magistrates annually \nelected in towns and colonies. \nduumviri navales (d[y]oo-;Jm-v;J-n n;J-vay-leez). \n[Latin] Two officers appointed to man, equip, and \nrefit the navy. \n2. Two peers in authority. -Also termed duoviri. \ndux (d;Jks), n. [fr. Latin ducere \"to lead\"] 1. Roman \nlaw. An army commander. 2. Roman law. A military \ngovernor ofa province . This term was eventually used \nalso as a title of distinction. 3. Hist. Duke; a title of \nnobility. See DUKE. \nDWAI. abbr. Driving while ability-impaired. See \nDRIVING UNDER THE INFLUENCE. \ndwell, vb. (l3c) 1. To remain; to linger <the case dwelled \nin her memory>. 2. To reside in a place permanently \nor for some period <he dwelled in California for nine \nyears>. \ndwelling defense. See CASTLE DOCTRINE. \ndwelling-house. (lSc) 1. The house or other structure in \nwhich a person lives; a residence or abode. 2. Real estate. \nThe house and all buildings attached to or connected \nwith the house. 3. Criminal law. A building, a part of \na building, a tent, a mobile home, or another enclosed \nspace that is used or intended for use as a human habi\ntation. The term has referred to connected buildings \nin the same curtilage but now typically includes only \nthe structures connected either directly with the house \nor by an enclosed passageway. -Often shortened to \ndwelling. -Also termed (archaically) mansion house; \n(more broadly) dwelling place. [Cases: Burglary ~ \n4.] \nquasi-dwelling-house. Hist. Any outbuilding, such as \na barn, that is in proximity to the building used as a \nresidence. See BURGLARY (1). \n\"A 'dwelling house' or 'dwelling' has been defined in con\nnection with the crime of arson as any house intended to be \noccupied as a residence, or an enclosed space, permanent \nor temporary, in which human beings usually stay, lodge, \nor reside. If a building is not used exclusively as a dwelling, \nit is characterized as a dwelling if there is internal commu\nnication between the two parts of the building. Dwellings \ninclude mobile homes and a boat, if the person resides \non it.\" 5 Am. Jur. 2d Arson and Related Offenses  13, at \n789 (1995). \nDWI. abbr. DRIVING WHILE INTOXICATED. \nDWOP (dee-wop or doo-wop). abbr. See dismissal for \nwant ofprosecution under DISMISSAL (1). \nDWOP docket. See DOCKET (2). \ndyarchy (dI-ahr-kee), n. [fr. Greek dy \"two\" + archein \n\"rule\"] A government jointly ruled by two people, \nsuch as William and Mary ofEngland. -Also termed \ndiarchy. \n\n583 \n\"Dyarchy. A term applied by Mommsen to the Roman prin\ncipate ... a period in which he held that sovereignty was \nshared between the princes and the senate. The term has \nalso been given to a system of government, promoted as a \nconstitutional reform in India by Montagu and Chelmsford \nand introduced by the Government of India Act, 1919. It \nmarked the introduction of democracy into the executive of \nthe British administration of India by dividing the provincial \nexecutives into authoritarian and popularly responsible \nsections composed respectively of councillors appointed \nby the Crown and ministers appointed by the governor and \nresponsible to the provincial legislative councils .... The \nsystem ended when full provincial autonomy was granted \nin 1935.\" David M. Walker, The Oxford Companion to Law \n386 (1980). \ndyathanasia, (dI-ath-a-nay-zha), n. 1be act of permit\nting death to occur naturally by withholding, termi\nnating, or not offering life-prolonging treatments or \nintervention. Also termed passive mercy killing. See \nEUTHANASIA. \nDyer Act. A federal law, enacted in 1919, making it \nunlawful either (1) to transport a stolen motor vehicle \nacross state lines, knowing it to be stolen, or (2) to \nreceive, conceal, or sell such a vehicle, knowing it dyvour \nto be stolen. 18 USC A  2311-2313. -Also termed \nNational Motor Vehicle Theft Act. [Cases: Automobiles \n<>341.] \ndyet. See DIET. \ndying declaration. See DECLARATION (6). \ndying without issue. See FAILURE OF ISSUE. \ndynamite charge. See ALLEN CHARGE. \ndynamite instruction. See ALLEN CHARGE. \ndynasty. 1. A powerful family line that continues for a \nlong time <an Egyptian dynasty>. 2. A powerful group \nofindividuals who control a particular industry or field \nand who control their successors <a literary dynasty> \n<a banking dynasty>. \ndynasty trust. See TRUST. \ndysnomy (dis-nd-mee), n. [fro Greek dys \"bad\" + \nnomos \"law\"] The enactment of bad legislation. Cf. \nEUONOMY. \ndyvour (dI-var). Scots law. A person who is heavily in \ndebt or bankrupt. \n\nE \neadem persona cum defuncto (ee-ay-d;)m p;)r-soh-n;) \nk;)m di-bngk-toh). [Law Latin] Hist. The same person \nas the decedent.  An heir having full title to the dece\ndent's property was legally viewed to be the same \nperson as the decedent. \nea intentione (ee-;) in-ten-shee-oh-nee). [Latin] With \nthat intent. \nEAJA. abbr. EQUAL ACCESS TO JUSTICE ACT. \nE&O insurance. See errors-and-omissions insurance \nunder INSURANCE. \nearl. (12c) A title of nobility, formerly the highest in \nEngland but now the third highest, ranking between a \nmarquis and a viscount . This title corresponds with \nthe French comte and the German graf Originating \nwith the Saxons, this title is the most ancient of the \nEnglish peerage. William the Conqueror first made the \ntitle hereditary, giving it in fee to his nobles. No ter\nritorial, private, or judicial rights now accompany the \ntitle; it merely confers nobility and a hereditary seat in \nthe House of Lords. \nearldom. 1he dignity or jurisdiction of an earL. Only \nthe dignity remains now, the jurisdiction haVing been \ngiven over to the sheriff. See DIGNITY. \nearles-penny. Hist. Money given in part payment; \nEARNEST. -Also termed earl's penny. \nEarl Marshal of England. A great officer of state, who \nhistorically had jurisdiction over several courts, includ\ning the court of chivalry and the court ofhonor . Under \nthis office is the herald's office, or college of arms. The \nEarl Marshal was also a judge ofthe Marshalsea court, \nnow abolished. This office is quite ancient. Since 1672, \nit has been hereditary in the family of Howards, Dukes \nof Norfolk. Often shortened to Earl Marshal. \nearl's penny. See EARLES-PENNY. \nearly voting. See VOTING. \nearmark, n. (16c) 1. Originally, a mark upon the ear \na mode of marking sheep and other animals. [Cases: \nAnimals \n\"When nowadays we say that 'money has no ear-mark,' \nwe are alluding to a practice which in all probability played \na large part in anCient law. Cattle were ear-marked or \nbranded, and this enabled their owner to swear that they \nwere his in whosesoever hands he might find them. The \nlegal supposition is, not that one ox is indistinguishable \nfrom another ox, but that all oxen, or all oxen of a certain \nlarge class, are equivalent. The possibility of using them as \nmoney has rested on this supposition.\" 2 Frederick Pollock \n& Frederic William Maitland, History ofEnglish Law Before \nthe Time of Edward 1151-52 (2d ed. 1899). \n2. A mark put on something (such as a coin) to distin"}
{"text": "-52 (2d ed. 1899). \n2. A mark put on something (such as a coin) to distin\nguish it from another. earmark, vb. 1. To mark with an earmark. 2. To set aside \nfor a specific purpose or recipient. \nearmarking doctrine. Bankruptcy. An equitable prin\nciple that when a new lender makes a loan to enable a \ndebtor to payoff a specified creditor, the funds are spe\ncifically set aside for that creditor so that, if the debtor \nlacks control over the disposition of the funds, they do \nnot become part ofthe debtor's estate and thus subject \nto a preference. lCases: Bankruptcy (::::J261O.] \nearn, vb. (bef. 12c) 1. To acquire by labor, service, or \nperformance. 2. To do something that entitles one to a \nreward or result, whether it is received or not. \nearned income. See INCOME. \nearned-income credit. See TAX CREDIT. \nearned land. See LA:ND. \nearned premium. See PREMIUM (1). \nearned surplus. See retained earnings under EARNINGS. \nearned time. See TIME. \nearner. 1. One who produces income through personal \nefforts or property or both. 2. Property or an asset that \nproduces income for its owner. \nearnest, n. (13c) 1. A nominal payment or token act that \nserves as a pledge or a sign of good faith, esp. as the \npartial purchase price ofproperty . Though not legally \nnecessary, an earnest may help the parties come to an \nagreement. 2. EARNEST MONEY. \nearnest money. (l6c) A deposit paid (often in escrow) \nby a prospective buyer (esp. of real estate) to show a \ngood-faith intention to complete the transaction, and \nordinarily forfeited if the buyer defaults . Although \nearnest money has traditionally been a nominal sum \n(such as a nickel or a dollar) used in the sale ofgoods, \nit is not a mere token in the real-estate context: it is \ngenerally a percentage of the purchase price and may \nbe a substantial sum. -Also termed earnest; bargain \nmoney; caution money; hand money. Cf. BINDER (2); \ndown payment under PAYMENT. [Cases: Vendor and \nPurchaser C--Y69.1, 182.] \n\"The amount of earnest money deposited rarely exceeds 10 \npercent of the purchase price, and its primary purpose is to \nserve as a source of payment of damages should the buyer \ndefault. Earnest money is not essential to make a purchase \nagreement binding if the buyer's and seller's exchange \nof mutual promises of performance (that is, the buyer's \npromise to purchase and the seller's promise to sell at a \nspecified price and terms) constitutes the consideration for \nthe contract.\" John W. Reilly. The Language ofReal Estate \n131 (4th ed. 1993). \nearnest-penny. See GOo's PENNY. \nearning asset. See ASSET. \nearning capacity. (1872) A person's ability or power to \nearn money, given the person's talent, skills, training, \n\n585 \nand experience . Earning capacity is one element con\nsidered when measuring the damages recoverable in \na personal-injury lawsuit. And in family law, earning \ncapacity is considered when awarding child support \nand spousal maintenance (or alimony) and in dividing \nproperty between spouses upon divorce. -Also termed \nearning power. See LOST EARNING CAPACITY. \nearnings. (16c) Revenue gained from labor or services, \nfrom the investment of capital, or from assets. See \nINCOME. \nappropriated retained earnings. Retained earnings \nthat a company's board deSignates for a distinct use, \nand that are therefore unavailable to pay dividends or \nfor other uses. Also termed appropriated surplus; \nsurplus revenue; suspense reserve. \nearnings before interest and taxes. Corporations. A \ncompany's income calculated without deductions for \ninterest expenses and taxes, used as a measure ofthe \ncompany's ability to generate cash flow from ongoing \noperations.- Abbr. EBIT. \nearnings before interest, taxes, and depreciation. Cor\nporations. A company's income without deductions \nfor interest expenses, taxes, depreciation expenses, \nor amortization expenses, used as an indicator of a \ncompany's profitabilty and ability to service its debt. \n-Abbr. EBITDA. \nfuture earnings. See lost earnings. \ngross earnings. See gross income under INCOME. \nlost earnings. Wages, salary, or other income that a \nperson could have earned if he or she had not lost \na job, suffered a disabling injury, or died. Lost \nearnings are typically awarded as damages in per\nsonal-injury and wrongful-termination cases. There \ncan be past lost earnings and future lost earnings. \nBoth are subsets ofthis category, though legal writers \nsometimes loosely use future earnings as a synonym \nfor lost earnings. Cf. LOST EARNING CAPACITY. [Cases: \nDamages 037.] \nnet earnings. See net income under INCOME. \nnormalized earnings. Corporations. Earnings adjusted \nfor inflation and to remove elements that are extraor\ndinary, nonrecurring, nonoperating, or otherwise \nunusuaL \nongoing earnings. See operating earnings. \noperating earnings. Business income calculated in \nviolation ofgenerally accepted accounting principles \nby including income items and excluding various \nbusiness expenses . Many companies use operat\ning earnings to favorably skew their price-earnings \n(PIE) ratios. Because the rationales for the underly\ni!1g calculations vary from company to company, and \ntrom period to period within a company, operating \nearnings are almost always artificially inflated and \nunreliable. The term operating earnings is meaningless \nunder generally accepted accounting principles. \nAlso termed pro forma earnings; economic earnings; easement \ncore earnings; ongoing earnings; earnings excluding \nspecial items. See PRICE-EARNINGS RATIO. \npretax earnings. Net earnings before income taxes. \npro forma earnings. See operating earnings. \nreal earnings. Earnings that are adjusted for inflation \nso that they reflect actual purchasing power. \nretained earnings. A corporation's accumulated \nincome after dividends have been distributed. -Also \ntermed earned surplus; undistributed profit. [Cases: \nCorporations (;:::::> 151.J \nsurplus earnings. The excess of corporate assets over \nliabilities within a given period, usu. a year. [Cases: \nCorporations <.':;=) 152.J \nearnings and profits. Corporations. In corporate \ntaxation, the measure of a corporation's economic \ncapacity to make a shareholder distribution that is not \na return ofcapital.  The distribution will be dividend \nincome to the shareholders to the extent ofthe corpo\nration's current and accumulated earnings and profits. \nCf. accumulated-earnings tax under TAX; accumulated \ntaxable income under INCOME. [Cases: Internal Revenue \n03830.1-3845.] \nearnings before interest and taxes. See EARNINGS. \nearnings before interest, taxes, and depredation. See \nEARNINGS. \nearnings excluding special items. See operating earnings \nunder EARNINGS. \nearnings per share. Corporations. A measure of cor\nporate value by which the corporation's net income \nis divided by the number of outstanding shares of \ncommon stock.  Investors benefit from calculating a \ncorporation's earnings per share, because it helps the \ninvestors determine the fair market value of the cor\nporation's stock. Abbr. EPS. \nfully diluted earnings per share. A corporation's net \nincome -assuming that all convertible securities \nhad been transferred to common equity and all stock \noptions had been exercised -divided bv the number \nof shares of the corporation's outstanding common \nstock. \nearnings-price ratio. See earnings yield under YIELD. \nearnings report. See INCOME STATEMENT. \nearnings yield. See YIELD. \nearnout agreement. (1977) An agreement for the sale \nof a business whereby the buyer first pays an agreed \namount up front, leaVing the final purchase price to be \ndetermined by the business's future profits . The seller \nusu. helps manage the business for a period after the \nsale. -Sometimes shortened to earnout. \nearwitness. (l6c) A witness who testifies about some\nthing that he or she heard but did not see. Cf. EYEWIT\nNESS. \neasement (eez-m;>nt). (l4c) An interest in land owned by \nanother person, consisting in the right to use or control \nthe land, or an area above or below it, for a specific \n\n586 easement \nlimited purpose (such as to cross it for access to a public \nroad). The land benefiting from an easement is called \nthe dominant estate; the land burdened by an easement \nis called the servient estate. Unlike a lease or license, \nan easement may last forever, but it does not give the \nholder the right to possess, take from, improve, or sell \nthe land. The primary recognized easements are (1) a \nright-of-way, (2) a right ofentry for any purpose relating \nto the dominant estate, (3) a right to the support ofland \nand buildings, (4) a right of light and air, (5) a right to \nwater, (6) a right to do some act that would otherwise \namount to a nuisance, and (7) a right to place or keep \nsomething on the servient estate. See SERVITUDE (1). Cf. \nPROFIT APRENDRE. -Also termed private right-of-way. \n[Cases: Easements C=:> 1.] \naccess easement. (1933) An easement allowing one or \nmore persons to travel across another's land to get to a \nnearby location, such as a road . The access easement \nis a common type of easement by necessity. -Also \ntermed easement ofaccess; easement ofway; easement \nofpassage. \nadverse easement. See prescriptive easement. \naffirmative easement. (1881) An easement that forces \nthe servient -estate owner to permit certain actions by \nthe easement holder, such as discharging water onto \nthe servient estate. -Also termed positive easement. \nCf. negative easement. \n\"Positive easements give rights of entry upon the land of \nanother, not amounting to profits, to enable something to \nbe done on that land. Some are commonplace, examples \nbeing rights of way across the land of another and rights \nto discharge water on to the land of another. Others are \nmore rare, such as the right to occupy a pew in a church, \nthe right to use a kitchen situated on the land of another \nfor the purpose of washing and drying clothes, and the \nright to use a toilet situated on the land of another.\" Peter \nButt, Land Law 305 (2d ed. 1988). \napparent easement. (1851) A visually evident easement, \nsuch as a paved trail or a sidewalk. [Cases: Easements \nC=:>22.] \nappendant easement. See easement appurtenant. \nappurtenant easement. See easement appurtenant. \navigational easement. An easement permitting unim\npeded aircraft flights over the servient estate. -Also \ntermed avigation easement; aviation easement;flight \neasement; navigation easement. [Cases: Aviation C=:> \n3.] \ncommon easement. (18c) An easement allowing the \nservient landowner to share in the benefit of the \neasement. -Also termed nonexclusive easement. \n[Cases: Easements C=:>38.] \ncontinuous easement. (1863) An easement that may be \nenjoyed without a deliberate act by the party claiming \nit, such as an easement for drains, sewer pipes, lateral \nsupport ofa wall, or light and air. -Also termed (in \nLouisiana) continuous servitude. Cf. discontinuous \neasement. [Cases: Easements C=:>38.] \nconservation easement. Property. A recorded, perpet\nual, nonpossessory interest in real property held by a government entity or by a qualified nonprofit entity \nthat imposes restrictions or affirmative obligations \non the property's owner or lessee to retain or protect \nnatural, scenic, or open-space values ofreal property, \nensure its availability for agricultural, forest, recre\national, or open-space use, protect natural resources \nand habitat, maintain or enhance air or water quality, \nor preserve the historical, architectural, archeologi\ncal, or cultural aspects of the real property. -Also \ntermed conservation restriction; conservation servi\ntude. \ndeterminable easement. An easement that terminates \non the happening of a specific event. \ndiscontinuous easement. (1867) An easement that \ncan be enjoyed only if the party claiming it delib\nerately acts in some way with regard to the servient \nestate. Examples are a right-of-way and the right to \ndraw water. -Also termed discontinuing easement; \nnoncontinuous easement; nonapparent easement; (in \nLouisiana) discontinuous servitude. Cf. continuous \neasement. [Cases: Easements C=:>38.] \neasement appurtenant. (18lO) An easement created to \nbenefit another tract ofland, the use of easement being \nincident to the ownership ofthat other tract. -Also \ntermed appurtenant easement; appendant easement; \npure easement; easement proper. Cf. easement in gross. \n[Cases: Easements C=:>3.] \neasement by estoppel. (1907) A court-ordered easement \ncreated from a voluntary servitude after a person, \nmistakenly believing the servitude to be permanent, \nacted in reasonable reliance on the mistaken belief. \n[Cases: Estoppel C=:>83(1), 87.] \neasement by implication. See implied easement. \neasement by necessity. (1865) An easement created by \noperation of law because the easement is indispens\nable to the reasonable use ofnearby property, such as \nan easement connecting a parcel ofland to a road. \nAlso termed easement of necessity; necessary way. \n[Cases: Easements C=:> 18.] \neasement by prescription. See prescriptive easement. \neasement in gross. (1866) An easement benefiting a \nparticular person and not a particular piece ofland. "}
{"text": "easement in gross. (1866) An easement benefiting a \nparticular person and not a particular piece ofland. \n The beneficiary need not, and usu. does not, own \nany land adjoining the servient estate. Cf. easement \nappurtenant. [Cases: Easements C=:>3.] \neasement ofaccess. See access easement. \neasement ofconvenience. An easement that increases \nthe facility, comfort, or convenience of enjoying the \ndominant estate or some right connected with it. \neasement ofnatural support. See lateral support under \nSUPPORT (4). \neasement ofnecessity. See easement by necessity. \neasement ofpassage. See access easement. \neasement ofway. See access easement. \neasement proper. See easement appurtenant. \n\n587 \nequitable easement. (1869) 1. An implied easement \ncreated by equity when adjacent lands have been \ncreated out of a larger tract. _ Such an easement is \nusu. created to allow implied privileges to continue. \n[Cases: Easements <r'-=> 16.) 2. See restrictive covenant \n(1) under COVENANT (4). \nexclusive easement. An easement that the holder has \nthe sole right to use. Cf. common easement. [Cases: \nEasements C=> 52.] \nflight easement. See avigational easement. \nfloating easement. An easement that, when created, is \nnot limited to any specific part ofthe servient estate. \n[Cases: Easements C=>46.] \nflowage easement. A common-law easement that gives \nthe dominant-estate owner the right to flood a servient \nestate, as when land near a dam is flooded to maintain \nthe dam or to control the water level in a reservoir. \n[Cases: Waters and Water Courses C=> 165.] \nimplied easement. (1867) An easement created by law \nafter an owner of two parcels ofland uses one parcel \nto benefit the other to such a degree that, upon the \nsale of the benefited parcel, the purchaser could rea\nsonably expect the use to be included in the sale. \nAlso termed easement by implication, way ofnecessity. \n[Cases: Easements C=> 15-19.] \nintermittent easement. An easement that is usable or \nused only from time to time, not regularly or con\ntinuously. \nland-conservation easement. Property. An easement \narising from an agreement between a landowner and \na land trust to provide for the protection of the land \nin its natural state while perhaps also allowing the \nproperty to be used for agricultural or lOW-impact \nrecreational activities. _ The easement runs with the \nland. Also termed land-conservation agreement; \nland-preservation easement. \nlight-and-air easement. (1940) A negative easement \npreventing an adjoining landowner from construct\ning a building that would prevent light or air from \nreaching the dominant estate. See negative easement. \nCf. solar easement. [Cases: Easements 11, 19, \n45.] \nmineral easement. An easement that permits the \nholder to enter the property to remove minerals from \nit. [Cases: Mines and Minerals C=>55(6).1 \nnavigation easement. I. An easement giving the federal \ngovernment the right to regulate navigable waters, \neven when the regulation interferes with private water \nrights. [Cases: NaVigable Waters C=> 16.] 2. See avi\ngational easement. \nnegative easement. (1861) An easement that prohibits \nthe servient-estate owner from doing something, such \nas building an obstruction. Cf. affirmative easement. \n[Cases: Covenants 51(2), 68, 69(2); Easements \nC=> 13.J \n\"Negative easements ... confer no right of entry, but \nconsist essentially of the right to prevent something being easement \ndone; examples are the right to the flow of air through \ndefined aperture, the right to receive light for a building, \nthe right to the support of a building, and (possibly) the \nright to require a neighbouring landowner to repair fences.\" \nPeter Butt, Land Law 305 (2d ed. 1988). \nnonapparent easement. See discontinuous easement. \nnoncontinuous easement. See discontinuous easement. \nnonexclusive easement. See common easement. \npositive easement. See affirmative easement. \nprescriptive easement. (1838) An easement created \nfrom an open, adverse, and continuous use over a \nstatutory period. -Also termed easement by pre\nscription; adverse easement. See ADVERSE POSSESSION. \n[Cases: Easements \nprivate easement. An easement whose enjoyment \nis restricted to one specific person or a few specific \npeople. [Cases: Easements C=>52.] \npublic easement. An easement for the benefit of an \nentire community, such as the right to travel down a \nstreet or a sidewalk. \npure easement. See easement appurtenant. \nquasi-easement. 1. An easement-like right occur\nring when both tracts ofland are owned by the same \nperson. - A quasi-easement may become a true \neasement if the landowner sells one of the tracts. 2. \nAn obligation or license that relates to land but that \nis not a true easement for example, a landowner's \nobligation to maintain the fence between the land\nowner's tract and someone else's tract. \nreciprocal negative easement. An easement created \nwhen a landowner sells part ofthe land and restricts \nthe buyer's use of that part, and, in turn, that same \nrestriction is placed on the part kept by the land\nowner. -Such an easement usu. arises when the \noriginal landowner creates a common scheme of \ndevelopment for smaller tracts that are carved out \nofthe original tract. [Cases: Covenants C=>20; Ease\nments C=> B.] \nreserved easement. An easement created by the grantor \nof real property to benefit the grantor's retained \nproperty and to burden the granted property. [Cases: \nEasements C=> 14.] \nsecondary easement. An easement that is appurtenant \nto the primary or actual easement; the right to do \nthings that are necessary to fully enjoy the easement \nitself. [Cases: Easements C=>38.] \nsolar easement. (1982) An easement created to protect \nthe dominant estate's exposure to direct sunlight. \nA solar easement is often created to prevent the ser\nvient-estate owner from constructing any building \nthat would cause shadows on the dominant estate, \nthus interfering with the use of a solar-energy system. \nCf.light-and-air easement. [Cases: Easements G:J11, \n19,45.] \n\"Solar easements ... remain difficult to describe because \nof the relationship of the sun to the earth. Shadow vari\nables include land slope, terrain. solar orientation, latitude, \ntime of day, and height of potential obstructions. Lawyers, \n\n588 Easter-offerings \nengineers, land planners, title companies and others have \nexpressed concern over the complexity required to write \na solar easement containing highly detailed, technical \ninformation often included in these easements.\" Sandy F. \nKraemer, Solar Law 42 (l978). \ntimber easement. An easement that permits the holder \nto cut and remove timber from another's property. \nAlso termed timber rights. [Cases: Logs and Logging \nEaster-offerings. Eccles. law. Small sums ofmoney paid \nas personal tithes to the parochial clergy by the parish\nioners at Easter. -Under the Recovery ofSmall Tithes \nAct (1695), Easter-offerings were recoverable before \njustices of the peace. St. 7 & 8 Will. 3, ch. 6. Also \ntermed Easter-dues. \nEaster sittings. English law. A term of court beginning \non April 15 ofeach year and usu. ending on May 8, but \nsometimes extended to May 13. -This was known until \n1875 as Easter term. Cf. HILARY SITTINGS; MICHAELMAS \nSITTINGS; TRINITY SITTINGS. \nEast Greenwich (eest gren-ich). Rist. The name ofa royal \nmanor in the county of Kent, England. _ Historically, \nthis manor was mentioned in royal grants or patents \nas descriptive of the tenure of free socage. \nEast India Company. Rist. The company that was orig\ninally established to pursue exclusive trade between \nEngland and India, and that later became more active \nin political affairs than in commerce. _ In 1858, the \nGovernment ofIndia Act transferred governance over \nthe company's territories to the Crown. The company \nwas dissolved in 1874. St. 21 & 22 Vict., ch. 106. \nEAT. abbr. Earnings after taxes. \neat inde sine die (ee-at in-dee sl-nee dI-ee) [Latin] Let \nhim go thence without day. _ These words were used \non a defendant's acquittal, or when a prisoner was to \nbe discharged, to signify that the matter be dismissed \nwithout any further judicial proceedings. See GO HENCE \nWITHOUT DAY. \neaves-drip. 1. 'The dripping of water from the eaves of \na house onto adjacent land. 2. An easement permit\nting the holder to allow water to drip onto the servient \nestate. See DRIP RIGHTS; STILLICIDIUM. [Cases: \\-Vaters \nand Water Courses ~-:>121.] \neavesdropping. (I7c) The act of secretly listening to the \nprivate conversation of others without their consent. \nCf. BUGGING; WIRETAPPING. [Cases: Telecommunica\ntions 1435.] \nEB. abbr. Bt/REAU OF ECONOMIC AND BUSINESS AFFAIRS. \nebba et fluctus (eb-a et 113k-tas), n. [Latin \"ebb and flow\"] \nHist. The ebb and flow oftide; ebb and flood. _ The time \nofone ebb and flood, plus an additional 40 days, was \nanciently granted to a person who was excused from \ncourt for being beyond seas. See EBB A ND FLOW; ESSOIN; \nBEYOND SEAS. \nebb and flow. (bef. 12c) The coming and going of the \ntides. -This expression was formerly used to denote the \nlimits ofadmiralty jurisdiction. The tidewater limitation was abandoned in The Genesee Chief v. Fitzhugh, \n53 U.S. (12 How.) 443 (1851). \nebdomadarius (eb-dom-a-dair-ee-as), n. [Latin \n\"weekly] Eccles. law. An officer in a cathedral church \nwho supervises the regular performance of divine \nservice and prescribes the duties ofchoir members. \nEBIT. abbr. See earnings before interest and taxes under \nEARNINGS. \nEBITDA. abbr. See EARNINGS. \nebriety, n. Rare. A state or habit ofintoxication; inebria\ntion. \nEC. abbr. 1. ETHICAL CONSIDERATION. 2. European \nCommunity. See EUROPEAN UNION. \necclesia (i-klee-z[hlee-a), n. [Latin fro Greek ekklesia \n\"assemblyll. A place ofreligious worship. 2. A Chris\ntian assembly; a church. \necclesiarch (i-klee-zee-ahrk), n. The ruler ofa church. \necclesiastic (i-klee-zee-as-tik), n. (17c) A clergyman: a \npriest; one consecrated to the service of the church. \n[Cases: Religious Societies C=27.] \necclesiastical (i-klee-zee-as-ti-bl), adj. (I5c) Of or \nrelating to the church, esp. as an institution. Also \ntermed ecclesiastic. [Cases: Religious Societies \necclesiastical authorities. The church's hierarchy, \nanswerable to the Crown, but set apart from the rest \nof the citizens, responsible for superintending public \nworship and other religiOUS ceremonies and for admin\nistering spiritual counsel and instruction. _ In England, \nthe several levels ofthe clergy are (1) archbishops and \nbishops, (2) deans and chapters, (3) archdeacons, (4) \nrural deans, (5) parsons (under whom are included \nappropriators) and vicars, and (6) curates. Church\nwardens, sidesmen, parish clerks, and sextons are also \nconsidered types of ecclesiastical authorities because \ntheir duties are connected with the church. Cf. ecclesi\nastical court under COURT. \necclesiastical commissioners. Rist. English law. A group \nof people empowered to suggest measures to improve \nthe established church's efficiency, to be ratified by \norders in counciL -This body of commissioners, estab\nlished in 1836 by the Ecclesiastical Commissioners Act \n(St. 6 & 7 WilL 4, ch. 77), has been dissolved. Its func\ntions, rights, and property are now vested in the church \ncommissioners. \necclesiastical controversy. A civil claim based on the \ndecision of a religiOUS association's tribunal against \none or more members of the association. -If the \ndecision relates solely to matters within the church, \nsuch as church governance or questions offaith, secular \ncourts have no jurisdiction to hear what is effectively an \nappeal. See Watson v. Jones, 80 U.S. 679, 728-29 (1871). \n[Cases: Religious Societies C=14,24.] \necclesiastical corporation. See CORPORATION. \necclesiastical court. See COURT. \n\n589 \necclesiastical jurisdiction. Jurisdiction over ecclesiasti\ncal cases and controversies, such as that exercised by \necclesiastical courts. \necclesiastical law. 1. The body oflaw derived largely from \ncanon and civil law and administered by the ecclesiasti\ncal courts. [Cases: Religious Societies {~5.]2. The law \ngoverning the doctrine and discipline ofa particular \nchurch; esp., Anglican canon law. -Also termed jus \necclesiasticum; law spiritual. Cf. CANON LAW. \necclesiastical"}
{"text": "termed jus \necclesiasticum; law spiritual. Cf. CANON LAW. \necclesiastical matter. A matter that concerns church \ndoctrine, creed, or form of worship, or the adoption \nand enforcement, within a religious association, oflaws \nand regulations to govern the membership, including \nthe power to exclude from such an association those \ndeemed unworthy of membership. [Cases: Religious \nSocieties 28.] \necclesiastical sentence. The judgment in an ecclesiasti\ncal case. \necclesiastical things. Property (such as buildings and \ncemeteries) given to a church to support the poor or \nfor any other pious use. [Cases: Religious Societies \n15.] \necclesiastical-tithe rentcharge. See RENTCHARGE. \necdicus (ek-d;.l-k;.ls), n. [Greek ekdikos \"legal represen\ntative\"] Hist. \"The attorney, proctor, or advocate of an \norganization . A church's attorney, for example, was \nknown as an episcoporum ecdicus. \ne-check. See CHECK. \nechevin (esh-;.l-van), n. French law. A municipal officer \ncorresponding with the position of alderman or \nburgess, and sometimes having civil jurisdiction to \nhear and determine certain minor cases. \nechouement (ay-shoo-mawn), n. In French marine law, \nstranding. See STRANDING. \nECJ. abbr. European Court ofJustice. \nECOA. abbr. EQUAL CREDIT OPPORTUNITY ACT. \necological terrorism. See ecoterrorism under TERROR\nISM. \necology ofcrime. See environmental criminology under \nCRIMINOLOGY. \ne-commerce. (1993) The practice of buying and selling \ngoods and services through online consumer services \non the Internet . The e, a shortened form of electronic, \nhas become a popular prefix for other terms associated \nwith electronic transactions. See ELECTRONIC TRANS\nACTION. \nE-Commerce Directive. See DIRECTIVE ON CERTAIN \nASPECTS OF ELECTRONIC COMMERCE IN THE INTERNAL \nMARKET. \ne-commerce insurance. See INSURANCE. \neconometrics (ee-kon-;.l-me-triks). The branch of eco\nnomics that expresses economic theory in mathe\nmatical terms and that seeks to verify theory through \nstatistical methods. \neconomic coercion. See COERCION (2). economic loss \neconomic crime. See CRIME. \neconomic-cure trade embargo. See EMBARGO (3). \neconomic depreciation. See DEPRECIATION. \nEconomic Development Administration. A unit in the \nU.S. Department ofCommerce responsible for helping \nto develop local economies and distressed areas by \nmaking grants for public works and development facili\nties that are deSigned to reduce persistent unemploy\nment in economically distressed areas. _ The agency \nwas created in 1965 by the Public Works and Economic \nDevelopment Act. Abbr. EDA. \neconomic discrimination. (1919) Any form ofdiscrimi\nnation within the field of commerce, such as boycot\nting a particular product or price-fixing. See BOYCOTT; \nPRICE DISCRIMINATION; PRICE-FIXING. \neconomic duress. See DURESS. \neconomic earnings. See operating earnings under \nEARNINGS. \nEconomic Espionage Act. Trade secrets. A 1996 federal \nstatute criminalizing the misappropriation of trade \nsecrets and providing criminal penalties for industrial \nespionage by or for a foreign entity . The Act also \napplies to one who knowingly receives, purchases, or \npossesses stolen trade-secret information. 18 USCA \n 1831-1839. Sometimes termed Industrial EspiO\nnage Act. \neconomic frustration. See commercial frustration under \nFRUSTRATION. \neconomic goodwill. See GOODWILL. \neconomic-harm rule. See ECONOMIC-LOSS RULE. \neconomic indicator. (1903) A statistical measure (such \nas housing starts) used to describe the state of the \neconomy or to predict its direction. See INDICATOR. \nlagging economic indicator. An economic indicator \n(such as new-home sales) that tends to respond to \nthe direction of the economy. -Often shortened to \nlagging indicator. \nleading economic indicator. An economic indica\ntor (such as interest rates) that tends to predict the \nfuture direction of the economy. Often shortened \nto leading indicator. \neconomic life. The duration of an asset's profitability, \nusu. shorter than its physical life. \neconomic loss. (1905) A monetary loss such as lost \nwages or lost profits . The term usu. refers to a type \nof damages recoverable in a lawsuit. For example, in a \nproducts-liability suit, economic loss includes the cost \nof repair or replacement of defective property, as well \nas commercial loss for the property's inadequate value \nand consequent loss ofprofits or use. [Cases: Damages \n<':=36,40(1); Products LiabilityC;:::> 156.] \nconsequential economic loss. Economic loss that proxi\nmately results from a defective product and that is \nbeyond direct economic loss. Examples include \nlost profits and loss of goodwill or business reputa\n\n590 economic-loss rule \ntion. [Cases: Damages Products LiabilityC=) \n156.J \ndirect economic loss. Economic loss flowing directly \nfrom insufficient product quality. The most \ncommon type is loss-of-bargain damages ~the dif\nference between the actual value ofgoods accepted \nand the value they would have had if they had been \ndelivered as promised or warranted. [Cases: Products \nLiability 0='156; Torts 0='118.] \neconomic-loss rule. (1976) Torts. The principle that \na plaintiff cannot sue in tort to recover for purely \nmonetary loss ~as opposed to physical injury or \nproperty damage ~caused by the defendant.  Many \nstates recognize an exception to this rule when the \ndefendant commits fraud or negligent misrepresenta\ntion, or when a special relationship exists between the \nparties (such as an attorney-client relationship). -Also \ntermed economic-harm rule; economic-loss doctrine. \n[Cases: Torts 0='118.J \n\"One way the courts have attempted to draw a line between \ntort and warranty is to bar recovery for 'economic 105s' in \ntort. In some states this common law doctrine has achieved \nthe status of the 'economic loss doctrine,' meaning that \nonce loss is defined as 'economic' it cannot be recovered at \nleast in negligence or strict tort and perhaps not in fraud or \nmisrepresentation.\" 1 JamesJ. White & Robert S. Summers, \nUnifoym Commercial Code  105, at 581 (4th ed. 1995). \neconomic obsolescence. See OBSOLESCENCE. \neconomic-out clause. See MARKET-OUT CLAUSE. \neconomic-realities test. (1956) A method by which a \ncourt determines the true nature ofa business transac\ntion or situation by examining the totality ofthe com\nmercial circumstances . Courts often use this test to \ndetermine whether a person is an employee or an inde\npendent contractor. Factors include whether the alleged \nemployer controls the details ofthe work and whether \ntaxes are withheld from payments made to the worker. \n[Cases: Labor and Employment 29.) \neconomic rent. 1. The return gained from an economic \nresource (such as a worker or land) above the minimum \ncost of keeping the resource in service. 2. Rent that \nyields a fair return on capital and expenses. \nEconomic Research Service. An agency in the U.S. \nDepartment ofAgriculture responsible for compiling \nand analyzing information about domestic and inter\nnational agricultural developments. -Abbr. ERS. \neconomic right. (usu. pl.) Copyright. A legal interest and \npower that concerns a financial benefit from a work, as \ndistinguished from a moral interest that a creator has \nin a creation. The term is mostly used in civil-law \ncountries that recognize creators' moral rights. \neconomics. The social science dealing with the pro\nduction, distribution, and consumption ofgoods and \nservices. \nEconomics and Statistics Administration. A unit in the \nU.S. De\\?artment ofCommerce res1?onsible for main\ntaining high-quality standards ofstatistical reporting \nin the federal government and for responding to the \nneeds of the Department of Commerce and the rest of the executive branch for statistical information \nand analysis. The unit comprises the Bureau of the \nCensus, the Bureau ofEconomic Analysis, and STAT\nUSA. -Abbr. ESA. \neconomic strike. See STRIKE. \neconomic-substance doctrine. Tax. The principle that a \ntransaction must be treated as a sham for tax purposes \nif(l) the transaction has no genuine business purpose, \nand (2) there is no reasonable possibility that it will \ngenerate a profit in the absence oftax benefits. [Cases: \nInternal Revenue C:=>3071.) \neconomic substantive due process. See DUE PROCESS. \neconomic warfare. See WARfARE. \neconomic unit. Eminent domain. In a partial-condem\nnation case, the property that is used to determine \nthe fairmarket value of the portion that is taken by \neminent domain. The land taken may be a large or \nsmall portion ofthe entire property. To determine how \nmuch property to include in an economic unit, three \nfactors are weighed: (1) unity ofuse, (2) unity ofowner\nship, and (3) contiguity. Of these, the most important \nis unity of use. See LARGER PARCEL. \neconomic waste. Overproduction or excessive drilling \nofoil or gas. [Cases: Mines and Minerals C:=>78.1(1l), \n92.53.) \neconomist. (l6c) A professional who studies economics \nand the economy; a specialist in economics. \neconomy. (15c) 1. The management or administration of \nthe wealth and resources ofa community (such as a city, \nstate, or country). 2. The sociopolitical organization \nofa community's wealth and resources. 3. Restrained, \nthrifty, or sparing use ofresources; efficiency. \nbalanced economy. An economy in which the monetary \nvalues ofimports and exports are equal. \nblack economy. See SHADOW ECONOMY. \njudicial economy. See JUDICIAL ECONOMY. \noverheated economy. An economy that, although it has \na high level ofeconomic activity, has the capacity to \ncause interest rates and inflation to rise. \npolitical economy. A social science dealing with the \neconomic problems ofgovernment and the relationship \nbetween political policies and economic processes. \nshadow economy. See SHADOW ECOKOMY. \nunderground economy. See SHADOW ECONOMY. \neconomy of scale. (usu. pl.) A decline in a product's \nper-unit production cost resulting from increased \noutput, usu. due to increased production facilities; \nsavings resulting from the greater efficiency oflarge\nscale processes. \ne contra (ee kon-tr;J). [Latin] On the contrary. \ne-contract, n. 1. POINT-AND-CLICK AGREEMENT. 2. Anv \ntl;'l?e of contract formed in the course ofe-commerc~ \nby (1) the interaction oftwo or more individuals using \nelectronic means, such as e-mail, (2) the interaction \nof an individual with an electronic agent, such as a \n\n591 \ncomputer program, or (3) the interaction of at least \ntwo electronic agents that are programmed to recog\nnize the existence of a contract.  Sections 202-17 of \nthe Uniform Computer Information Transactions Act \nprovide rules for the formation, governance, and basic \nterms ofan e-contract. Traditional contract principles \nand remedies usu. apply to e-contracts. Also termed \nelectronic contract. See ELECTRO:'lIC AGENT. \ne-contract, vb. To form a binding agreement by means of a \ncomputer or other electronic or automated technology. \ne converso (ee kan-var-soh). [Latin] Conversely; on the \nother hand; on the contrary. \necosabotage. See ecoterrorism under TERRORISM. \necoterrorism. See TERRORISM. \necovandalism. See ecoterrorism under TERRORISM. \nECU. abbr. EUROPEAN CURRENCY UNIT. \necumenical (ek-ya-men-a-kal), adj. (16c) 1. General; uni\nversal. 2. Interreligious; interdenominational. \nE.D. abbr. Eastern District, in reference to U.S. judicial \ndistricts. \nEDA. abbr. ECONOMIC DEVELOPMENT ADMINISTRATION. \nedge lease. See LEASE. \nEDI agreement. abbr. Electronic Data Interchange \nagreement; an agreement that governs the transfer or \nexchange of data, such as purchase orders, between \nparties by computer.  Electronic data transmitted \nunder an EDI agreement is usu. formatted according \nto an agreed standard, such as the American National \nStandards Institute ANSI X12 standard or the U.N. \nEDIFACT standard. \nedict (ee-dikt), n. [fro Latin edictum] (l4c) A formal \ndecree, demand, or proclamation issued by the sov\nereign of a country. In some countries, an edict has \nlegal force equivalent to that of a statute. For Roman \nlaw edicts, see EDICTUM. \nperpetual edict. See edictum perpetuum under EDIC\nTUM. \npraetorian edict (pri-tor-ee-an). See edictum praetoris \nunder EDICTUM. \nedictal (ee-dik-tal), adj. (17c) Of, relating to, conSisting \nof, or pronounced in one or more edicts. -edictally, \nadv. \nedictal citation. Scots & Roman Dutch law. A form of \nsummons to appear in court, treated as having been \nserved by public proclamation when personal service \nis impossible (as when a defendant is out of Scotland \nor cannot be found). -Also termed edictal intimation. \nSee substituted service under SERVICE. \nedictal interdict. See INTERDICT (1). \nedictal intimation. See EDICTAL CITATION. \nedicta magistratuum. See JUS HONORARIUM. \nEdicts ofJustinian. Roman law. Thirteen constitutions \nor laws ofJustinian, appended to the Greek collection"}
{"text": "\nEdicts ofJustinian. Roman law. Thirteen constitutions \nor laws ofJustinian, appended to the Greek collection \nofthe Novels in the Venetian manuscript . The Edicts edictum \nwere confined to administrative matters in the prov\ninces of the Roman Empire. They were not known to \nthe glossators. \nedictum (a-dik-tam), n. [Latini Roman law. 1. In imperial \nRome, an edict or mandate; an ordinance or law pro\nclaimed by the emperor . An edict was a constitution \nof the emperor acting on his own initiative, differing \nfrom a rescript in not being returned in the way of \nanswer; from a decree in not being given in judgment; \nand from both in not being founded upon solicitation. \nAs an imperial constitution, it had the force oflaw. 2. \nA declaration by a magistrate relevant to his jurisdic\ntion or area of competence; esp., the pronouncement \nofa magistrate of the principles by which he proposed \nto act in office. See edictum annuum; FORMULA (1). Pi. \nedicta. \nedictum aedilicium (ee-dik-tam ee-da-lish-ee-am). \nA curule aedile's edict regarding sales in the public \nmarket; esp., an edict giving remedies for sales of \ndefective goods, animals, or slaves . An aedile could, \nfor instance, declare that sellers would be strictly \nliable for latent defects in goods, and dictate how \ndogs and wild animals for sale should be confined to \nprotect the public. -Also written aedilitium edictum. \nPl. edicta aedilicia. \nedictum annuum (an-yoo-am). An edict issued by a \npraetor at the beginning ofthe one-year term ofoffice. \nPI. edicta annua. \nedictum perpetuum (par-pech-oo-dm). The urban prae\ntor's edict in its permanent form, edited by Julian in \nA.D. 131 and given legislative force . This term origi\nnally had the narrower sense ofthe praetors' general \nedicts as opposed to edicts issued in specific cases. \nAlso termed perpetual edict. PI. edicta perpetua. \nedictum praetoris (pri-tor-ds). The proclamation issued \nby a praetor at the start ofthe year's term, explaining \nthe grounds on which a formula would be granted. \nAlso termed praetorian edict. See edictum annuum; \nFORMULA (1). \nedictum provinciale (pra-vin-shee-ay-Iee). An edict \nor system of rules for the administration ofjustice, \nmodeled on edictum praetoris, issued by the provin\ncial governors in the Roman Empire. PI. edicta pro\nvincialia. \nedictum repentinum (rep-an-tI-nam). [Latin] Roman \nlaw. A supplementary edict issued to deal with some \nemergency. This term was contrasted with edictum \nperpetuum. PI. edicta repentina. \nEdictum Theodorici (thee-a-da-rI-sr). A collection of \nlaws applicable to both Romans and Goths, issued by \nTheodoric, king ofthe Ostrogoths, at Rome about A.D. \n500, or perhaps by Theodoric III, king ofthe Visigoths \nin Gaul about A.D. 460. \nedictum tralatitium (tral-a-tish-ee-am). A praetor's \nedict that retained all or a principal part of the pre\ndecessor's edict, with only such additions as appeared \nnecessary to adapt it to changing social conditions or \njuristic ideas . This had become standard practice by \n\n592 edile \nthe end of the Republic. -Also spelled edictum tral\nacticium (tral-ak-tish-ee-Clm). PI. edicta tralatitia. \nedile (ee-dIl). See AEDILE. \neditorial privilege. See journalist's privilege (2) under \nPRIVILEGE (3). \neditus (ed-a-t<ls), adj. Hist. 1. (Of a statute or rule) \nenacted; promulgated. 2. (Of a child) born; brought \nforth. \nEdmunds-Tucker Act. An 1882 federal law enacted to \npunish polygamy. 48 USC A  1480a. -Sometimes \nshortened to Edmunds Act. [Cases: Bigamy C= L1 \neducational expense. See EXPENSE. \neducational institution. 1. A school, seminary, college, \nuniversity, or other educational facility, though not \nnecessarily a chartered institution. [Cases: Schools \n2. As used in a zoning ordinance, all buildings \nand grounds necessary to accomplish the full scope of \neducational instruction, including those things essen\ntial to mental, moral, and physical development. [Cases: \nZoning and Planning C:::>288.] \neducational neglect. See NEGLECT. \neducational trust. See TRUST. \neducation individual retirement account. See INDIVID\nUAL RETIREMENT ACCOUNT. \nEEC. abbr. European Economic Community. See \nEUROPEAN UNION. \nEEOC. abbr. EQUAL EMPLOYMENT OPPORTUNITY COM\nMISSION. \nEEZ. abbr. EXCLUSIVE ECONOMIC ZONE. \neffect, n. (l4c) 1. Something produced by an agent or \ncause; a result, outcome, or consequence. 2. The result \nthat an instrument between parties will produce on \ntheir relative rights, or that a statute will produce on \nexisting law, as discovered from the language used, the \nforms employed, or other materials for construing it. \neffect, vb. (l6c) To bring about; to make happen <the \nimproper notice did not effect a timely appeal>. \neffective, adj. (14c) 1. (Of a statute, order, contract, etc.) \nin operation at a given time <effective June 1>. A \nstatute, order, or contract is often said to be effective \nbeginning (and perhaps ending) at a designated time. \n2. Performing within the range ofnormal and expected \nstandards <effective counsel>. 3. Productive; achieving \na result <effective cause>. \neffective assignment. See ASSIGNMENT (2). \neffective assistance of counsel. See ASSISTANCE OF \nCOUNSEl.. \neffective cause. See immediate cause under CAUSE (1). \neffective date. (1909) The date on which a statute, \ncontract, insurance policy, or other such instrument \nbecomes enforceable or otherwise takes effect . This \ndate sometimes differs from the date on which the \ninstrument was enacted or Signed. \neffective filing date. See DATE. effective possession. See constructive possession under \nPOSSESSION. \neffective rate. See INTEREST RATE. \neffective tax rate. See average tax rate under TAX RATE. \neffective vote. See VOTE (1). \neffects, n. pl. (17c) Movable property; goods <personal \neffects>. \npersonal effects. (1818) Items ofa personal character; \nesp., personal property owned by a decedent at the \ntime of death. [Cases: Descent and Distribution \n76; Executors and Administrators C:::o43.] \neffects doctrine. See AFFECTS DOCTRINE. \neffeirs (e-feerz), adv. Scots law. As appropriate; correctly. \n The term ordinarily appears in the phrase as affeirs. \neffets (e-fe or e-fets), n. pl. [French] 1. Bills ofexchange. \n2. Goods; movables; chattels. \neffets mobiliers (moh-beel-yay or moh-ba-Ieerz). \nFunds; stocks. \nefficient adequate cause. See proximate cause under \nCAUSE (1). \nefficient breach. See BREACH OF CONTRACT. \nefficient-breach theory. (1980) Contracts. The view that \na party should be allowed to breach a contract and \npay damages, ifdoing so would be more economically \nefficient than performing under the contract . This \nrelatively modern theory stems from the law-and-eco\nnomics movement. See BREACH OF CONTRACT. [Cases: \nContracts \nefficient cause. See proximate cause under CAUSE (1). \nefficient intervening cause. See intervening cause under \nCAUSE (1). \nefficient proximate cause. See proximate cause under \nCAUSE (1). \neffigy (ef-a-jee), n. (16c) A figure, image, or other repre\nsentation; esp., a crude representation ofsomeone who \nis disliked . Effigies are sometimes hanged, burned, \nor otherwise abused to express public disapproval or \nridicule. \neffluent (ef-Ioo-ant), n. (1859) Liquid waste that is dis\ncharged into a river, lake, or other body ofwater. [Cases: \nEnvironmental Law (;=182.J \neffluxion of time (i-f1uk-shan). (17c) The expiration of \na lease term resulting from the passage of time rather \nthan from a specific action or event. -Also termed \nefflux oftime. [Cases: Landlord and Tenant \nefforcialiter (e-for-shee-ay-la-tClr), adv. [Latin] Hist. \nForcibly. This adverb referred primarily to military \nforce. \neffraction (a-frak-shCln). (l9c) Archaic. A breach made \nby the use offorce; BURGLARY (1). \neffractor {i-frak-tar}. [Latin] Hist. One who breaks \nthrough; a burglar. PI. effractors, effractores (ef-rak\ntor-eez). See HOUSEBREAKING. \n\n593 \neffusio sanguinis (e-fyoo-zhee-oh sang-gwi-nis). \n[Latin] Hist. 1. The shedding of blood. 2. The fine or \npenalty imposed for the shedding of blood . The \nCrown granted to many lords of manors the power to \ncollect this fine. -Also termed bloodwite; bloodwit. \nCf. WERGILD. \nEFT. abbr. Electronic funds transfer. See FUNDS \nTRANSFER. \ne.g. abbr. [Latin exempli gratia] (17c) For example <an \nintentional tort, e.g., battery or false imprisonment>. \nCf.LE. \negg donation. Family law. A type of assisted-repro\nductive therapy in which eggs are removed from one \nwoman and transplanted into the uterus of another \nwoman who carries and delivers the child. In egg \ndonation, the egg is usu. fertilized in vitro. See IN VITRO \nFERTILIZATION; ASSISTED-REPRODUCTIVE TECHNOL\nOGY. [Cases: Child Custody 0:>274.5; Child Support \n(;::::>63; Children Out-of-Wedlock (;::::> 15; Parent and \nChild \neggshell-skull rule. (1961) Torts. The principle that a \ndefendant is liable for a plaintiff's unforeseeable and \nuncommon reactions to the defendant's negligent or \nintentional act.  Under this rule, for example, if one \nperson negligently scrapes another who turns out to \nbe a hemophiliac, the negligent defendant is liable for \nthe full extent ofthe plaintiff's injuries even though the \nharm to another plaintiff would have been minor. \nAlso termed eggshell-plaintiff rule; thin-skull rule; spe\ncial-sensitivity rule; old-soldier's rule. [Cases: Damages \n(;:::::33.] \nego, taUs (ee-goh, tay-lis). [Latin] 1, such a one. This \nphrase was used in describing the forms of old deeds. \negrediens et exeuns (e-gree-dee-enz et ek-see-;mz). [Latin \n\"stepping out and exiting\"] Common-law pleading. \nGoing forth and issuing out of (land). \negregious (i-gree-j<ls), adj. (16c) Extremely or remarkably \nbad; flagrant <the defendant's egregious behavior>. \negress (ee-gres). (16c) 1. The act ofgoing out or leaVing. 2. \nThe right or ability to leave; a way of exit. Cf. INGRESS. \nei abest (ee-I ab-est). [Latin] Roman law. It is wanting to \nhim. 1he phrase appeared in reference to any dimi\nnution in a person's assets. \nEIC. abbr. See earned-income credit under TAX CREDIT. \neight-corners rule. Insurance. The principle that a lia\nbility insurer's duty to defend its insured generally \ntriggered if the plaintiff's claims against the insured are \nwithin the policy's coverage -is assessed by reviewing \nthe claims asserted in the plaintiff's complaint, without \nreference to matters outside the four corners of the \ncomplaint plus the four corners of the policy. Also \ntermed allegations-of-the-complaint rule. Cf. FOUR\nCORNERS RULE. [Cases: Insurance (;::::>2914,2915.] \n1891 Copyright Amendment Act. See CHACE ACT. \nEighteenth Amendment. The constitutional amend\nment ratified in 1919 and repealed by the 21st Amend\nment in 1933 -that prohibited the manufacture, sale, eisne \ntransportation, and possession ofalcoholic beverages in \nthe United States. See PROHIBITION (3). [Cases: Intoxi\ncating Liquors (;::::> 17.] \nEighth Amendment. 1he constitutional amendment, \nratified as part of the Bill ofRights in 1791, prohibiting \nexcessive bai\\, excessive fines, and cruel and unusual \npunishment. \neight-hour law. A law that sets eight hours as the \nstandard workday for some jobs and that usu. requires \na higher pay rate for work beyond eight hours . One \nexample is the federal Fair Labor Standards Act. See \nWAGE-AND-HOUR LAW. \n8-K. An SEC form that a registered corporation must \nfile if a material event affecting its financial condition \noccurs between the due dates for regular SEC filings. \nAlso termed Form 8-K. Cf. lO-K. \n83(b) election. Tax. An employee's choice to treat an \nemployer's grant of unvested property, usu. stock, as \nbeing vested immediately and as currently taxable"}
{"text": "\nemployer's grant of unvested property, usu. stock, as \nbeing vested immediately and as currently taxable on \nthe amount the employer paid for it.  The alternative \nis for the employee to wait until the property vests and \npay taxes on its value at that time. An 83(b) election \nis typically used when the property is expected to \nhave a dramatic increase in value before the employ\nee's interest in it vests. IRC (26 USCA)  83(b).[Cases: \nInternal Revenue (;::::>3602.] \neigne (ayn), adj. [Law French] (15c) Hist. 1. (Of a child) \neldest; first-born. 2. (Oftitle) superior; prior. 3. (Of an \nestate) entailed. See ENTAILED . This adjective tradi\ntionally follows the noun it modifies in sense 1 <bastard \neigne> but precedes the noun in senses 2 and 3 <eigne \ntitle>. -Also spelled eigl1; eygne; eisne; aisne. Also \ntermed (in Law Latin) einetius. \nbastard eigne. Hist. An illegitimate son whose parents \nafterward marry and have a second son (mulier \npuisne) for lawful issue. \neignesse (ay-nes), n. [French] See ESNECY. \neik (eek). Scots law. An appendix or postscript to a formal \ndocument. \nEIN. abbr. See TAX-IDENTIFICATION NUMBER. \neinecia (I-nee-shee-J), n. [Law Latin fro French eine \ni \"being born before\"] Eldership. See ESNECY. \n. einetia. See EISNETIA. \nI einetius (I-nee-shee-<ls), 11. See EIGNE. \nEIR. abbr. Environmental-impact report. See ENVIRON\nMENTAL-IMPACT STATEMENT. \neire (air), n. Hist. A journey; route; circuit. See EYRE. \neirenarcha (I-rJ-nahr-kJ), 11. [from Greek eirene \"peace\" \n+ archein \"to rule\"] Romal1 law. A provincial justice of \nthe peace; a person charged with maintaining order. \nAlso spelled (in Latin) irenarcha. \nE1S. abbr. ENVIRONMENTAL-IMPACT STATEMENT. \neisne (ayn), adj. See EIGNE. \n\n594 eisnetia \neisnetia (Iz-nee-shee-d), n. [Law Latin] The share ofthe \noldest son; the portion ofan estate acquired by primo\ngeniture. -Also spelled einetia. Cf. ESNECY. \neither-or order. See alternative order under ORDER (8). \neiusdem generis. See EJUSDEM GENERIS. \neject, vb. (I5c) l. To cast or throw out. 2. To oust or dis\npossess; to put or turn out ofpossession. 3. To expel or \nthrust out forcibly (e.g., disorderly patrons). -ejector, \nvb. \nejection, n. (I6c) l. An expulsion by action oflaw or \nby actual or threatened physical force. See OUSTER. 2. \nEJECTMENT (2). \nejectione custodiae. See DE EJECTIONE CUSTODIAE. \nejectione firmae. See DE EjECTIONE FIRMAE. \nejectment. (I6c) l. The ejection ofan owner or occupier \nfrom property. 2. A legal action by which a person \nwrongfully ejected from property seeks to recover pos\nsession, damages, and costs. 3. The writ by which such \nan action is begun. The essential allegations in an \naction for ejectment are that (1) the plaintiff has title \nto the land, (2) the plaintiff has been wrongfully dis\npossessed or ousted, and (3) the plaintiff has suffered \ndamages. -Also termed action ofejectment; action \nfor the recovery ofland; ejection. See FORCIBLE ENTRY \nAND DETAINER. Cf. EVICTION; OUSTER. [Cases: Eject\nmentC=>l.] \n\"The evolution of the action of ejectment from its primitive \nform as a mere action of trespass, enabling a lessee of \nlands to recover damages when ousted of his possession, \nthrough a series of most ingenious fictions, which were \nafterwards added to enable him to recover possession as \nwell, until its final establishment as the proper method \nof trying all disputed titles to real property, presents to \nthe student of legal science one of the most interesting \nstudies that the history of the law affords. Few remedies \nhave passed through so many changes of form, both in \npleading and practice, and yet retained the same distinctive \ncharacter that marked their origin.\" George W. Warvelle, A \nTreatise on the Principles and Practice of the Action ofEject \nment  4, at 4-5 (1905). \n\"Any person wrongfully dispossessed of land may sue \nfor the specific restitution of it in an action of ejectment. \nOriginally this action was a special variety of trespass and \navailable only to leaseholders. But in time and by the aid of \nthe most elaborate fictions it came to be used by freehold \ners also. All these fictions have now been swept away; in \ntheory even the term ejectment has been replaced by the \nterm action for the recovery of land. The older term is, \nhowever, replaced in practice.\" R.F.v. Heuston, Salmond \non the Law of Torts 41 (17th ed. 1977). \nequitable ejectment. (I820) A proceeding brought to \nenforce specific performance ofa contract for the sale \nofland and for other purposes. Though in the form \nofan ejectment action, this proceeding is in reality a \nsubstitute for a bill in equity. [Cases: Ejectment C=> \n156.] \njustice ejectment. (1900) A statutory proceeding to \nevict a tenant who has held over after termination of \nthe lease or breach ofits conditions. \nejectment bill. (I8c) Equity practice. A bill in equity \nbrought to recover real property and an accounting of rents and profits, without setting out a distinct ground \nof equity jurisdiction (and thus demurrable). [Cases: \nEjectment C=>62.] \nejectment de garde. See DE EjECTIONE CUSTODIAE. \nejector, n. (I7c) One who ejects, puts out, or dispossesses \nanother. \ncasual ejector. The nominal defendant in an ejectment \naction who, under a legal fiction, is supposed to come \ncasually or by accident upon the premises and to eject \nthe lawful possessor. [Cases: Ejectment C=>46.] \nejectum (i-jek-tdm), n. Something that is cast out, \nesp. by the sea. See FLOTSAM. Cf. JETSAM; LAGAN (1); \nWAVESON. \nejectus (ee-jek-tds), n. [Latin] Hist. A whoremonger; a \npimp. \nejercitoria (ay-hair-see-tor-ee-d), n. [Spanish] Spanish \nlaw. An action lying against a shipowner upon the con\ntracts or obligations made by the master for repairs \nor supplies. This action corresponds to the actio \nexercitoria ofRoman law. See action exersitoria under \nACTIO. \nejido (ay-hee-doh), n. [fro Latin exitus \"a going out\"] (I9c) \nSpanish law. Common land or pasture; esp., land used \nin common by inhabitants ofa city, pueblo, or town for \nsuch things as pasture, wood, and threshing-ground; \ncommons. -Also termed exidos; exedos. See COMMON \n(2). \nejuration (ej-d-ray-shdn). The renouncing or resigning \nofone's place. \nejusdem generis (ee-jds-ddm jen-d-ris also ee-joos-or \nee-yoos-). [Latin \"of the same kind or class\"] (I7c) l. \nA canon of construction holding that when a general \nword or phrase follows a list of specifics, the general \nword or phrase will be interpreted to include only \nitems ofthe same class as those listed . For example, \nin the phrase horses, cattle, sheep, pigs, goats, or any \nother farm animals, the general language or any other \nfarm animals -despite its seeming breadth -would \nprobably be held to include only four-legged, hoofed \nmammals typically found on farms, and thus would \nexclude chickens. -Also termed Lord Tenterden's \nrule. Cf. EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS; \nNOSCITUR A SOCIIS; RULE OF RANK. [Cases: Contracts \n156; Statutes C=> 194.] 2. Loosely, NOSCITUR A \nSOCIIS. \nejusdem negotii (ee-jds-ddffi ni-goh-shee-I). [Latin] Hist. \nPart ofthe same transaction. \nelaborare (i-Iab-d-rair-ee), vb. [Latin] Hist. To gain, \nacquire, or purchase, as by labor and industry. \nelaboratus (i-Iab-d-ray-tds), n. [Latin] Hist. Property \nacquired by labor. \nElastic Clause. See NECESSARY AND PROPER CLAUSE. \nelbow clerk. See CLERK (5). \nelder abuse. See abuse ofthe elderly under ABUSE. \nElder Brethren. A distinguished body ofmen elected as \nmasters ofTrinity House, an institution incorporated in \n\n595 \nthe reign ofHenry VIII and charged with many duties \nin marine affairs, such as superintending lighthouses. \n The full title of the corporation is Elder Brethren of \nthe Holy and Undivided Trinity. \nelder law. (I986) The field oflaw dealing with the elderly, \nincluding such issues as estate planning, retirement \nbenefits, social security, age discrimination, and \nhealthcare. \nelder title. A title of earlier date but one that becomes \noperative simultaneously with, and prevails over, a title \nof newer origin. \nelected domicile. See DOMICILE. \nelectee. 1. A person chosen or elected. 2. A person to \nwhom the law gives a choice about status. \nelecting small-business trust. See TRUST (3). \nelectio est creditoris (i-Iek-shee-oh est kred-i-tor-is). \n[Law Latin] Scots law. The creditor has the election or \nchoice. The phrase appeared in reference to the credi\ntor's right to apply payments to one debt or another. Cf. \nELECTIO EST DEBITORIS. \n\"Electio est creditoris .... This has reference to a creditor's \nright to apply indefinite payments, made by his debtor, to \nthat debt or obligation which is least secured; but where \nthe debtor at the time of payment appropriates the sum \npaid, towards extinction of a particular debt, it must be \nso applied.\" John Trayner, Trayner's Latin Maxims 184 (4th \ned.1894). \nelectio est debitoris (i-lek-shee-oh est deb-i-tor-is). [Law \nLatin] Scots law. The debtor has the election or choice. \n Ifthe law provided alternative methods of fulfilling \nan obligation, the debtor could choose the method of \npayment. Cf. ELECTIO EST CREDITORIS. \nelection, n. (13c) 1. The exercise ofa choice; esp., the act \nofchoosing from several possible rights or remedies in \na way that precludes the use ofother rights or remedies \n<the taxpayers' election to file jointly instead of sepa\nrately>. See ELECTION OF REMEDIES. 2. The doctrine by \nwhich a person is compelled to choose between accept\ning a benefit under a legal instrument and retaining \nsome property right to which the person is already \nentitled; an obligation imposed on a party to choose \nbetween alternative rights or claims, so that the party \nis entitled to enjoy only one <the prevailing plaintiff \nwas put to an election between out-of-pocket damages \nand lost profits>. Also termed equitable election. \nSee RIGHT OF ELECTION. [Cases: Election of Remedies \nC=:> 1.] 3. The process of selecting a person to occupy \nan office (usu. a public office), membership, award, or \nother title or status <the 2004 congressional election>. \nCf. two-round voting under VOTING. [Cases: Elections \nelect, vb. elective, adj. \nby-election. An election specially held to fill a vacant \npost. -Also spelled bye-election. Cf. general \nelection. \nelection at large. An election in which a public official \nis selected from a major election district rather than \nfrom a subdivision of the larger unit. Also termed \nat-large election. [Cases: Elections <;:::> 12(7).] election board \nfree election. An election in which the political system \nand processes guarantee that each voter will be \nallowed to vote according to conscience. \ngeneral election. 1. An election that occurs at a regular \ninterval oftime. -Also termed regular election. 2. An \nelection for all seats, as contrasted with a by-election. \nCf. by-election. [Cases: Elections C=215.] \nmunicipal election. The election ofmunicipal officers. \n[Cases: Municipal Corporations 129.] \noff-year election. An election conducted at a time other \nthan the presidential election year. \npopular election. An election by people as a whole, \nrather than by a select group. \nprimary election. A preliminary election in which a \npolitical party's registered voters nominate the can\ndidate who will run in the general election. -Often \nshortened to primary. [Cases: Officers and Public \nEmployees C::\"'70.7.] \nrecall election. An election in which voters have the \nopportunity to remove a public official from office. \nregular election. See general election. \nrepresentation election. An election held by the \nNational Labor Relations Board to decide whether a \ncertain union will represent employees in a bargain\ning unit. See BARGAINING UNIT. [Cases: Labor and \nEmployment C~~1187.] \nrunoffelection. An election held after a general election, \nin which the two candidates who received the most \nvotes neither of whom received a majority -run \nagainst each other so that the winner can be deter\nmined. Cf. two-round voting under VOTING. \nspecial election. An election that occurs in an inter"}
{"text": "can be deter\nmined. Cf. two-round voting under VOTING. \nspecial election. An election that occurs in an interim \nbetween general elections, usu. to fill a sudden \nvacancy in office. Cf. by-election. \n4. Patents. A patent applicant's choice ofa single inven\ntion to continue prosecuting under the original applica\ntion, after an examiner has required a restriction. See \nRESTRICTION (4). [Cases: Patents <;:::> 104.] \nelection ofspecies. A patent applicant's choice of one \nalternative over others after an examiner determines \nthat a generic claim is not allowable. [Cases: Patents \nC::'104.] \nelection, doctrine of. A doctrine holding that when a \nperson has contracted with an agent without knowing \nofthe agency and later learns ofthe principal's identity, \nthe person may enforce the contract against either the \nagent or the principal, but not both. See ELECTION (1). \n[Cases: Principal and Agent C,,:;;> 145(4).] \nelection, estoppel by. See estoppel by election under \nESTOPPEL. \nelection board. 1. A board of inspectors or commission\ners appointed for each election precinct to determine \nvoter qualification, to supervise the polling, and often \nto ascertain and report the results. 2. A local agency \ncharged with the conduct of elections. [Cases: Elections \n<;:::>49-58.] \n\nelection by spouse. See RIGHT OF ELECTION. \nelection contest. A challenge by an election's loser \nagainst the winner, calling for an analysis ofthe election \nreturns, which may include reviewing voter qualifica\ntions or re-counting the ballots. [Cases: Elections ~ \n148,269-306.] \nelection district. See DISTRICT. \nelection dower. See DOWER. \nelection fraud. (l8c) Illegal conduct committed in \nan election, usu. in the form of fraudulent voting. \nExamples include voting twice, voting under another \nperson's name (usu. a deceased person), or voting while \nineligible. [Cases: Elections ~318.] \nelection judge. 1. A person appointed to supervise an \nelection at the precinct level; a local representative ofan \nelection board. [Cases: Elections ~49.]2. English law. \nOne oftwo puisne judges ofthe Queen's Bench Division \nof the High Court selected to try election petitions. \nelection of remedies. (l8c) 1. A claimant's act of \nchoosing between two or more concurrent but incon\nsistent remedies based on a single set offacts. [Cases: \nElection of Remedies ~1.] 2. The affirmative defense \nbarring a litigant from pursuing a remedy inconsistent \nwith another remedy already pursued, when that other \nremedy has given the litigant an advantage over, or \nhas damaged, the opposing party.  This doctrine has \nlargely fallen into disrepute and is now rarely applied. 3. \nThe affirmative defense that a claimant cannot simulta\nneously recover damages based on two different liabil\nity findings if the injury is the same for both claims, \nthus creating a double recovery. Cf. alternative relief \nunder RELIEF (3). \nelection of species. See ELECTION (4). \nelection petition. English law. A petition for inquiry into \nthe validity of a Parliament member's election, when \nthe member's return is allegedly invalid for bribery or \nother reason. \nelection returns. The report made to the board of can\nvassers or the election board, by those charged with \ntallying votes, of the number of votes cast for a par\nticular candidate or proposition. [Cases: Elections ~ \n126(7), 246.] \nelective franchise. See FRANCHISE (1). \nelective office. An office that is filled by popular election \nrather than by appointment. \nelective share. (1931) Wills & estates. The percentage ofa \ndeceased spouse's estate, set by statute, that a surviving \nspouse (or sometimes a child) may choose to receive \ninstead of taking under a will or in the event of being \nunjustifiably disinherited. -Also termed forced share; \nstatutory share; statutory forced share. See RIGHT OF \nELECTION. [Cases: Wills ~778-803.] \n\"In many states today, common-law dower and curtesy have \nbeen wholly replaced by statutes that make the surviving \nspouse an 'heir' ofthe deceased spouse and fix a minimum \npercentage of the decedent's estate (real and personal) to \nwhich the survivor will be entitled regardless of efforts of \nthe deceased spouse to prevent it by will. This statutory minimum -called the statutoyy foYced shaye -is typically \nan estate in fee simple, not merely a life estate. A serious \ndisadvantage to the surviving spouse under many of these \nstatutes, however, is that the minimum percentage applies \nonly to property owned by the decedent at death. Both \nhusbands and wives can, under such statutes, defeat their \nspouses' forced shares by intey vivos transfer.\" Thomas \nF. Bergin & Paul C. Haskell, Pyeface to Estates in Land and \nFutuYe Inteyests 37-38 (2d ed. 1984). \nelector. (15c) 1. A member ofthe electoral college chosen \nto elect the U.S. President and Vice President. -Also \ntermed presidential elector. [Cases: United States ~ \n25.] 2. A voter. [Cases: Elections ~59.] \nqualified elector. A legal voter; a person who meets \nthe voting requirements for age, residency, and reg\nistration and who has the present right to vote in an \nelection. See VOTER. [Cases: Elections ~59-87.] \n3. A person who chooses between alternative rights or \nclaims. 4. Hist. The title of certain German princes who \nhad a voice in electing the Holy Roman Emperors . \nThis office sometimes became hereditary and was con\nnected with territorial possessions. \nelectoral college. (often cap.) (17c) The body of electors \nchosen from each state to formally elect the U.S. Presi\ndent and Vice President by casting votes based on the \npopular vote. [Cases: United States ~25.] \nelectoral process. (1851) 1. The method by which a \nperson is elected to public office in a democratic society. \n2. The taking and counting ofvotes. \nelectric chair. (1889) A chair that is wired so that elec\ntrodes can be fastened to a condemned person's body \nand a lethal charge passed through the body for the \npurpose ofcarrying out a death penalty . The electric \nchair was first used in 1890 at the Auburn State Prison \nin New York. \nelectronic agent. Any electronic or automated means, \nsuch as a computer program, that can independently \ninitiate or respond to an action or message without a \nhuman's review. \nelectronic cash. See e-money under MONEY. \nelectronic chattel paper. See CHATTEL PAPER. \nelectronic check. See e-check under CHECK. \nelectronic-check conversion. In a discrete electronic-\nfunds transfer, the process by which a paper check is \nused as the source ofinformation for the check number, \naccount number, and bank-routing number. The \ncheck itself is not considered the method of payment. \nSee e-check under CHECK. \nElectronic Commerce Directive. See DIRECTIVE ON \nCERTAIN ASPECTS OF ELECTRONIC COMMERCE IN THE \nINTERNAL MARKET. \nElectronic Communications Privacy Act. A federal \nstatute that limits the circumstances under which \nthe federal and state government may gain access to \noral, wire, and electronic communications. 18 USCA \n 2510. [Cases: Telecommunications ~1297, 1335, \n1342, 1435.] \nelectronic contract. See E-CONTRACT. \n\n597 elongatus \nElectronic Data Interchange agreement. See EDI AGREE\nMENT. \nelectronic funds transfer. See FUNDS TRANSFER. \nelectronic currency. See e-money under MONEY. \nelectronic signature. See SIGNATURE. \nElectronic Signatures in Global and National \nCommerce Act. See E-SIGN ACT. \nelectronic surveillance. 1. See EAVESDROPPING. 2. See \nWIRETAPPING. \nelectronic transaction. (1975) A transaction formed by \nelectronic messages in which the messages of one or \nboth parties will not be reviewed by an individual as an \nexpected step in forming a contract. UCC  2A-102(a) \n(16). \neleemosynae (el-d-mos-d-nee), n. pI. Eccles. law. Posses\nsions belonging to the church. [Cases: Religious Soci\neties C-:/15.] \neleemosynaria (el-d-mos-d-nair-ee-d), n. Hist. 1. The \nplace in a religious house or church where the common \nalms were deposited, to be distributed to the poor by \nthe almoner. 2. The office of almoner. \neleemosynarius (el-d-mos-d-nair-ee-ds), n. [Law Latin] \nHist. 1. An almoner, or chiefofficer, who received the \neleemosynary rents and gifts and distributed them to \npious and charitable uses. 2. The name of an officer \n(Lord Almoner) ofthe English kings, in former times, \nwho distributed the royal alms or bounty. \neleemosynary (el-d-mos-d-ner-ee), adj. (17c) Of, relating \nto, or assisted by charity; not-for-profit <an eleemosy\nnary institution>. [Cases: Charities \neleemosynary corporation. See charitable corporation \nunder CORPORATIOK. \neleemosynary defense. See charitable immunity under \nIMMUNITY (2). \neleganter (el-d-gan-tdr), adv. Civil law. Accurately; with \ndiscrimination; neatly. \nelegit (d-Iee-jit). [Latin \"he has chosen\"] (l6c) Hist. A \nwrit of execution (first given by 13 Edw., ch. 18) either \nupon a judgment for a debt or damages or upon the \nforfeiture of a recognizance taken in the king's court. \n-Under it, the defendant's goods and chattels were \nappraised and, except for plow beasts, delivered to the \nplaintiff to satisfy the debt. If the goods were not suf\nficient to pay the debt, then the portion ofthe defen\ndant's freehold lands held at the time ofjudgment was \nalso delivered to the plaintiff, to hold until the debt was \nsatisfied out ofrents and profits or until the defendant's \ninterest expired. During this period the plaintiff was \ncalled tenant by elegit, and the estate an estate by elegit. \nThe writ was abolished in England in 1956, and it is no \nlonger used anywhere in the United States. \nelement. (Bc) 1. A constituent part ofa claim that must \nbe proved for the claim to succeed <Burke failed to \nprove the element ofproximate cause in prosecuting \nhis negligence claim>. 2. Patents. A discretely claimed \ncomponent ofa patent claim. -For a prior-art reference to anticipate a claim, it must teach each and every claim \nelement. To recover for patent infringement, the plain\ntiff must prove that the accused product infringes every \nelement of at least one claim, either literally or under \nthe doctrine of equivalents. Also termed (in sense \n2) limitation. See DOCTRINE OF EQUlVAI,ENTS. [Cases: \nPatents (:::::> 101(1).] \nelemental fact. See ultimate fact under FACT. \nelements of crime. (1909) The constituent parts of a \ncrime usu. consisting ofthe actus reus, mens rea, and \ncausation -that the prosecution must prove to sustain \na conviction. _ The term is more broadly defined by \nthe Model Penal Code in  1.13(9) to referto each com\nponent ofthe actus reus, causation, the mens rea, any \ngrading factors, and the negative ofany defense. \nEleventh Amendment. The constitutional amend\nment, ratified in 1795, prohibiting a federal court from \nhearing an action against a state by a person who is not \na citizen ofthat state. See sovereign immunity under \nIMMUNITY (1). [Cases: Federal Courts <>::::265-268.] \neligible, adj. (I5c) Fit and proper to be selected or to \nreceive a benefit; legally qualified for an office, privilege, \nor status. -eligibility, n. \nelimination. Hist. The act ofbanishing or turning out \nofdoors; rejection. \ni elinguation (ee-ling-gway-sh;m). Hist. ]he punishment \n, ofcutting out a person's tongue. -elinguate, vb. \nelisor (i-h-zdr). (17c) A person appointed by a court to \nassemble a jury, serve a writ, or perform other duties of \nthe sheriff or coroner ifeither is disqualified. -Also \nspelled eslisor. [Cases: Sheriffs and Constables \n26.] \nElkins Act. A 1903 federal law that strengthened the \nInterstate Commerce Act by prohibiting rebates and \nother forms ofpreferential treatment to large carriers. \n49 USCA  41-43 (superseded). \nell (el). Hist. A measure oflength corresponding to the \nmodern yard. \nEllenborough's Act (el-dn-brdz). An English law (the \nMalicious Shooting and Stabbing Act) of 1803 punish\ning offenses against the person. St. 43 Geo. 3, ch. 58. \nelogium (i-Ioh-jee-dm), n. Civil law. 1. A will or testa\nment. 2. A clause or provision in a will or testament. \neloign (i-loyn), vb. (l5c) 1. To remove (a person or \nproperty) from a court's or sheriffs jurisdiction. 2. To \nremove to a distance; conceaL Also spelled eloin. \neloigner, n. \neloignment (i-Ioyn-mdnt), n. (17c) The getting ofa thing \nor person out of the way, or removing it to a distance, \nso as to be out ofreach. \nelongata ("}
{"text": "\nor person out of the way, or removing it to a distance, \nso as to be out ofreach. \nelongata (ee-Iawng-gay-t~). [Latin] 1. adj. Eloigned; \ncarried away to a distance. 2. ELONGATUS. \nelongatus (ee-Iawng-gay-t~s). [Latin \"eloigned\"] A return \nmade by a sheriff to a writ de homine replegiando, \nstating that the party to be replevied has been eloigned, \n\nor conveyed out of the sheriff's jurisdiction. Also \ntermed elongata. \nelongavit (ee-lawng-gay-vit). [Latin \"he has e1oigned\"] \nIn a proceeding by foreign attachment, the serjeant-at\nmace's return that the garnishee has eloigned the goods, \nso that they cannot be appraised. Upon such a return, \njudgment was given for the plaintiff that an inquiry be \nmade into the eloigned goods. The inquiry was then set \nfor trial and an assessment made by a jury. \nelope, vb. (17c) 1. Archaic. To run away; escape. 2. Archaic. \nTo abandon one's husband and run away with a lover. 3. \nTo run away secretly for the purpose ofgetting married, \noften without parental consent. -elopement, n. \nelsewhere, adv. (bef. 12c) In another place . In shipping \narticles, this term, following the designation ofthe port \nof destination, must be construed either as void for \nuncertainty or as subordinate to the principal voyage \nstated in the preceding words. [Cases; Seamen C::::7.] \neluviation (i-Ioo-vee-ay-sh;}n). (1899) Movement ofsoil \ncaused by excessive water in the soil. \ne-mail, n. (1982) A communication exchanged between \npeople by computer, through either a local area network \nor the Internet. (Cases; Telecommunications \n1342, 1343, 1439.] -Also spelled email. e-mail, vb. \nemanation. (16c) 1. The act of coming or flowing forth \nfrom something. 2. That which flows or comes forth \nfrom something; an effluence. \nemancipate, vb. (l7c) 1. To set free from legal, social, or \npolitical restraint; esp., to free from slavery or bondage. \n[Cases: Slaves C=>23.] 2. To release (a child) from the \ncontrol, support, and responsibility of a parent or \nguardian. [Cases: Child Support C=>386-392; Parent \nand Child C=> 16.] -emancipative, emancipatory, \nadj. -emancipator, n. \nemancipated minor. See MINOR. \nemancipatio. See EMANCIPATION (3). \nemancipation. (17c) 1. The act by which one who was \nunder another's power and control is freed. 2. A surren\nder and renunciation ofthe correlative rights and duties \nconcerning the care, custody, and earnings of a child; \nthe act by which a parent (historically a father) frees \na child and gives the child the right to his or her own \nearnings. This act also frees the parent from all legal \nobligations ofsupport. Emancipation may take place by \nagreement between the parent and child, by operation \noflaw (as when the parent abandons or fails to support \nthe child), or when the child gets legally married or \nenters the armed forces. [Cases: Child Support \n386-392; Parent and Child C=> 16.] 3. Roman law. The \nenfranchisement of a son by his father, accomplished \nthrough the formality ofan imaginary sale. -Justinian \nsubstituted the simpler proceeding of a manumission \nbefore a magistrate. -Also termed (in sense 3) eman\ncipatio. Cf. MANCIPATION. \nconstructive emancipation. Emancipation by law, as \nopposed to a voluntary act ofthe parent . Construc\ntive emancipation may occur in several ways, as by (1) conduct ofthe parent that is inconsistent with the \nperformance of parental duties, (2) marriage of the \nchild, or (3) the child's service in the armed forces. \nChild Support (::::'386-392; Parent and Child \npartial emancipation. Emancipation that frees a child \nfor only a part of the period of minority, or from \nonly a part of the parent's rights, or for only some \npurposes. [Cases; Child Support C=>386-392; Parent \nand Child <;:16.] \nemancipation act. See MARRIED WOMEN'S PROPERTY \nACTS. \nEmancipation Proclamation. An executive proclama\ntion, issued by President Abraham Lincoln on January \n1, 1863, declaring that all persons held in slavery in \ndesignated states and districts were freed. \nembargo, n. (16c) 1. A government's wartime or peacetime \ndetention ofan offending nation's private ships found in \nthe ports of the aggrieved nation <the President called \noffthe embargo ofIraq's ships after the war ended>. \nAlso spelled imbargo. -Also termed hostile embargo. \n[Cases: War and National Emergency C=>12.) \n\"A hostile embargo is a kind of reprisal by one nation upon \nvessels within its ports belonging to another nation with \nwhich a difference exists, for the purpose of forcing it to \ndo justice. If this measure should be followed by war, the \nvessels are regarded as captured, if by peace, they are \nrestored,\" Theodore D. Woolsey, Introduction to the Study \nof International Law  118, at 187 (5th ed. 1878). \n2. A nation's detention of all ships in its own ports, \nincluding its own, to promote safety and to preclude \ntransportation to an offending nation <the embargo of \nall U.S. ships traveling to Iraq remained in effect until \nhostilities subsided>. -Also termed civil embargo. \n[Cases: War and National Emergency (::~') 15.] \n\"A civil embargo may be laid for the purpose of national \nwelfare or safety, as for the protection of commercial \nvessels against the rules of belligerent powers which would \nexpose them to capture. Such was the measure adopted \nby the United States in December 1807, which detained in \nport all vessels except those which had a public commis\nsion, and those that were already laden or should sail in \nballast. The right to adopt such a measure of temporary \nnon-intercourse is undoubted.\" Theodore D. Woolsey, \nIntroduction to the Study of International Law  118, at 187 \n(5th ed. 1878). \n3. The unilateral or collective restrictions on the import \nor export of goods, materials, capital, or services into \nor from a specific country or group of countries for \npolitical or security reasons <for a time, the industri\nalized nations placed an embargo on all goods from \nLibya>. Also termed trade embargo; economic-cure \ntrade embargo. [Cases: War and National Emergency \n4. The conscription ofprivate property for gov\nernmental use, such as to transport troops <the Army's \nembargo of the company jet to fly General White to \nWashington>. 5. A temporary prohibition on disclo\nsure <the embargo on the press release expired at 11:59 \np.m.>. embargo, vb. \nembassador. See AMBASSADOR. \n\n599 embryo \nembassy. (1534) 1. The building in which a diplomatic \nbody is located; esp., the residence of the ambassador. \n2. A body of diplomatic representatives headed by an \nambassador; a diplomatic mission on the ambassado\nrial level. 3. The mission, business, and function of an \nambassador. Cf. LEGATION. [Cases: Ambassadors and \nConsuls \nEmber Days. Eccles. law. The days which the ancient \nchurch fathers called quatuor tempora jejunii -that \nare observed on the Wednesday, Friday, and Saturday \nfollOWing (1) Quadragesima Sunday (the first Sunday in \nLent), (2) Whitsuntide, or Holyrood Day, in September, \nand (3) St. Lucy's day, about the middle ofDecember. \nAlmanacs refer to the weeks in which these days fall as \nEmber Weeks; they are now chiefly noticed because, by \ntradition, the Sundays follOWing Ember Days are used \nto ordain priests and deacons, although the canon law \nallows bishops to ordain on any Sunday or holiday. \nembezzlernent, n. (I5c) The fraudulent taking ofpersonal \nproperty with which one has been entrusted, esp. as a \nfiduciary. The criminal intent for embezzlernent \nunlike larceny and false pretenses arises after taking \npossession (not before or during the taking). -Also \ntermed defalcation; peculation. See LARCENY; FALSE \nPRETENSES. [Cases: Embezzlement -embezzle, \nvb. embezzler, n. \n\"Embezzlement is not a common-law crime. It is the result \nof legislative efforts to make provision for an unreasonable \ngap which appeared in the law of larceny as it developed. \nUnder the early English statute embezzlement was made a \nmisdemeanor, but under most modern American statutes \nit is either a felony or a misdemeanor depending upon the \nvalue of the property converted.\" Rollin M. Perkins & Ronald \nN. Boyce, Criminal Law 351 (3d ed. 1982). \n\"Embezzlement can be defined as the fraudulent conver \nsion of the property of another by one who has lawful \npossession of the property and whose fraudulent conver\nsion has been made punishable by the statute.\" Arnold H. \nLoewy, Criminal Law in a Nutshell 94 (2d ed. 1987). \nemblem. (ISc) 1. A flag, armorial bearing, or other \nsymbol of a country, organization, or movement. 2. \nLoosely, something that is used to symbolize some\nthing else. \nemblemata Triboniani (em-blee-m ..-to tro-boh-nee\nay-m). [Latin] Roman law. Alterations, modifications, \nand additions to the writings of the older jurists that \nwere combined to form the Digest or Pandects, and \ngenerally termed interpolations . Justinian appointed \na comrnission over which Tribonian presided to harmo\nnize contradictions, delete obsolete matter, and bring \nthe law up to date. This term is considered old-fash\nioned by rnodern Romanists. See INTERPOLATIONS. \nemblements (em-bl<l-m;mts). (l5c) 1. 'Ihe growing crop \nannually produced by labor, as opposed to a crop \noccurring naturally. Emblements are considered \npersonal property that the executor or administra\ntor ofa deceased tenant may harvest and take regard\nless of who rnay have since occupied the land. -Also \ntermedfructus industriales. [Cases; Crops 2. The \ntenant's right to harvest and take away such crops after the tenancy has ended. [Cases: Landlord and Tenant \n(>:::>139(2).] \n\"At common law those products of the earth which are \nannual, and are raised by yearly manurance and labor, and \nessentially owe their annual existence to the cultivation by \nman, [are] termed 'emblements' and sometimes 'fructus \nindustriales.''' Sparrow v. Pond. 52 N.w. 36 (Minn. 1892). \n''The law of emblements has its origin and matrix, in the \nprivilege, recognized at least as early as the fifteenth \ncentury, of the tenant for an uncertain term, to harvest \nand remove, even after the tenancy had terminated, the \nannual crop, which he had planted and nurtured.\" Ray \nAndrews Brown, The Law of Personal Property  159, at \n806 (2d ed. 1955). \nem biers de gentz (em-bl;>rz d<l jents). [Law French] A \ntheft from the people . The phrase occurs in the old \nEnglish rolls of Parliament -for example, \"Whereas \ndivers murders, emblers de gentz, and robberies are \ncommitted ....\" \nembodied technology. Intellectual property. Know-how \nor knowledge that is manifest in products and equip\nment, including software. Cf. DISEMBODIED TECHNOL\nOGY. \nembodiment. Patents.!. The tangible manifestation of \nan invention. [Cases: Patents C=:>99.J 2. The method for \nusing this tangible form. 3. The part of a patent applica\ntion or patent that describes a concrete manifestation \nof the invention . Embodiments are less common in \nsoftware or process patents than in manufacturing\nrelated patents. \nembossed seal. See NOTARY SEAL. \nernbrace, vb. To atternpt to influence (a judge or juror) \nby corruption, or to behave in a way that might have a \ncorrupting influence; to engage in embracery. \nembracee (em-bray-see). The bribe-taker in the offense \nof embracery. \nernbracer (im-brays-i}r). [fro Old French embraseor \"one \nwho kindles or instigates,\" fro embraser \"to set fire to\"] \n(15c) The bribe-giver in the offense of embracery; one \nwho attempts to influence a judge or a juror by means \nof corruption. -Also spelled embraceor. \nembracery (im-brays-i}-ree), n. (15c) The attempt to \ncorrupt or wrongfully influence a judge or juror, esp. \nby threats or bribery. Also spelled imbracery. -Also \ntermed jury-tampering; laboring a jury. Cf. JURY-FIX\nING; JURY-PACKING. [Cases: Criminal Law C=:>45.35.] \n\"The word 'embracery' ... has tended to disappear. It is \nincluded in some of the codes but the tendency has been \nto divide this common-law offense into two parts, placing \nthat which is appropriate thereto in sections on bribery \nand the remainder in provisions dealing with obstruction \nof justice.\" Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw 552 (3d ed. 1982). \nembryo (ern-bree-oh). A developing but unborn or \nunhatched animal; esp., an unborn human from con\nception until the development oforgans (j.e., until about \nthe eighth week of pregnancy"}
{"text": "., an unborn human from con\nception until the development oforgans (j.e., until about \nthe eighth week of pregnancy). Cf. FETUS; ZYGOTE. \nembryo formatus (for-may-t;>s). Eccles. law. A human \nembryo organized into human shape and endowed \nwith a soul.  Though rejected in the early doctrine \n\n600 embryo adoption \nof the Christian church, the distinction between the \nembryo formatus and informatus was accepted by \nGratian (regarded as the founder ofcanon law) in his \nDecretum (ca. 1140), in which he said that abortion \nis not murder if the fetus has not yet been infused \nwith a soul. Though he did not specify the time of \nformation or animation, by the 16th century canon\nists accepted that the time of formation and anima\ntion was the 40th day after conception tor the male \nfetus and the 80th day for the female. -Also termed \nembryo animatus. \nembryo informatus (in-for-may-tas). Eccles. law. A \nhuman embryo before it has been endowed with a \nsoul. -Also termed embryo inanimatus. \nembryo adoption. See ADOPTION. \nemend (i-mend), vb. (15c) To correct or revise; esp., to \nedit or change (a text). \nemenda (ee-men-da), n. pI. [Latin \"amends\"] Things \ngiven in reparation for a trespass. \nemendatio (ee-men-day-shee-oh), n. [Latin] Hist. The \npower of amending and correcting abuses, according \nto certain rules and measures. \nemendatio panis et cerevisiae (ee-men-day-shee-oh \npan-is et ser-a-vizh-ee-ee). [Latin \"the correction of \nbread and ale\"] The power of supervising and cor\nrecting (assizing) the weights and measures ofbread \nand ale. \nemendation (ee-men-day-sh;m). (16c) 1. Correction or \nrevision, esp. of a text. 2. Hist. The correction of an \nerror or wrongdoing; atonement tor a criminal offense, \nesp. by the payment of money . As criminal law devel\noped over time, emendation by payment ofwer or wife \ngradually faded away and was replaced by harsher pun\nishments. \ne mera gratia (ee meer-a gray-shee-<l). [Latin] Out of \nmere grace or favor. \nemergency circumstances. See exigent circumstances \nunder CIRCUMSTANCE. \nEmergency Court ofAppeals. Hist. A temporary court, \nestablished during World War II, whose purpose was \nto review wage-and price-control matters . The court \nwas created in 1942 and abolished in 1962. Cf. TEMPO\nRARY EMERGENCY COURT OF APPEALS. [Cases: War and \nNational Emergency 0-::)108,206.] \nemergency doctrine. (1929) 1. A legal principle exempt\ning a person from the ordinary standard of reasonable \ncare ifthat person acted instinctively to meet a sudden \nand urgent need for aid. Also termed imminent-peril \ndoctrine; sudden-emergency doctrine; sudden-peril \ndoctrine; sudden-peril rule. [Cases: Negligence (:::;>291.] \n2. A legal principle by which consent to medical treat\nment in a dire situation is inferred when neither the \npatient nor a responsible party can consent but a rea\nsonable person would do so. Also termed (in sense \n2) emergency-treatment doctrine. Cf. GOOD SAMARI\nTAN DOCTRINE; RESCUE DOCTRINE. [Cases: Health (:::;> \n909.] 3. The principle that a police officer may conduct a search without a warrant if the officer has probable \ncause and reasonably believes that immediate action \nis needed to protect life or property. Also termed \nemergency exception. See exigent circumstances under \nCIRCUMSTANCE. \nemergency-employment doctrine. The principle that an \nemployee may enlist another's help in dealing with an \nemergency that falls within the scope of the employ\nee's duties and that could not be overcome without the \nassistance ofthe other person. \nemergency exception. See EMERGENCY DOCTRINE (3). \nemergency jurisdiction. See JURISDICTION. \nEmergency Preparedness and Response Director\nate. The former division of the U.S. Department of \nHomeland Security responsible for coordinating relief \nand recovery efforts and for developing and coordi\nnating plans to prevent terrorism and to minimize \nrisks of danger from natural disasters. -The Direc\ntorate included the Federal Emergency Management \nAgency and also coordinated efforts with the Strategic \nNational Stockpile and the National Disaster Medical \nSystem from the Department of Health and Human \nServices, the Nuclear Incident Response Team from \nthe Department of Energy, the Domestic Emergency \nSupport Teams from the Department of Justice, the \nNational Domestic Preparedness Office ofthe Federal \nBureau ofInvestigation, and state and local emergency \nresponders. It was abolished in July 2005.-Abbr. EPR. \n[Cases: United States (;=:'82(5).] \nemergency protective order. See PROTECTIVE ORDER. \nemergency search. See SEARCH. \nemergency-treatment doctrine. See EMERGENCY \nDOCTRINE (2). \nemerita. See EMERITUS. \nemeritus. (18c) An honorary title conferred on a former \nofficer or professor who has honorably retired, usu. after \nserving for an extended period well beyond the norm. \n The term is loosely used as an adjective meaning \n\"honored,\" but it is not a synonym for \" \n\"retired,\" or \"immediate past\" (as in \"immediate past \npresident\"). Sec HONORARY. PI. emeriti. Fem. emerita. \nFern. pI. emeritae. \nemigrant (em-a-grant), n. (18c) One who leaves his or \nher country for any reason with the intent to establish \na permanent residence elsewhere. Cf. IMMIGRANT. \nemigrant agent. See AGENT (2). \nemigration (em-;:l-gray-sh,m), n. (17c) The act ofleaving \na country with the intent not to return and to reside \nelsewhere. Cf. IMMIGRATION. -emigrate, vb. \n\"Emigration is usually defined as the voluntary removal \nof an individual from his home State with the intention of \nresiding abroad. However, not all emigration is voluntary; \nthere sometimes exists forced emigration, even mass emi \ngration. Emigration may also be due to flight for political \nreasons or expulsion. One then speaks of refugees or \nexiles.\" Paul Weis, \"Emigration,\" in 2 Encyclopedia ofPublic \nInternational Law 76 (1995). \n\n601 \nemigre (em-<l-gray or em-d-gray), n. [French] (18c) One \nwho is forced to leave his or her country for political \nreasons. Also spelled emigre. \neminence (em-;t-ndnts). (17c) (usu. cap.) Eccles. law. An \nhonorary title given to cardinals ofthe Roman Catholic \nChurch. Until the pontificate of Urban VIII, cardi\nnals were called illustrissimi and reverendissimi. \neminent domain. (18c) The inherent power ofa govern\nmental entity to take privately owned property, esp. \nland, and convert it to public use, subject to reasonable \ncompensation for the taking. Also (rarely) termed \ncompulsory purchase; (in Scots law) compulsory surren\nder. See CONDEMNATION (2); EXPROPRIATION; TAKING \n(2). [Cases: Eminent Domain 1,69.] \n\"The term 'eminent domain' is said to have originated with \nGrotius, the seventeenth century legal scholar. Grotius \nbelieved that the state possessed the power to take or \ndestroy property for the benefit of the social unit, but he \nbelieved that when the state so acted, it was obligated \nto compensate the injured property owner for his losses. \nBlackstone, too, believed that society had no general power \nto take the private property of landowners, except on the \npayment of a reasonable price. The just compensation \nclause of the fifth amendment to the Constitution was \nbuilt upon this concept of a moral obligation to pay for \ngovernmental interference with private property.... No \nprovision for the power of eminent domain appears in the \nfederal Constitution. The Supreme Court, however, has \nsaid that the power of eminent domain is an incident of \nfederal sovereignty and an 'offspring of political necessity.' \nThe Court has also noted that the fifth amendment's limita\ntion on taking private property is a tacit recognition that \nthe power to take private property exists.\" John E. Nowak \n& Ronald D. Rotunda, Constitutional Law  11.11, at 424-25 \n(4th ed. 1991) (quoting Bauman v. Ross, 167 U.S. 548, 574, \n17 S.Ct. 966, 976 (1897. \nEminent Domain Clause. The Fifth Amendment provi\nsion providing that private property cannot be taken \nfor public use without just compensation. See TAKINGS \nCLAUSE. [Cases: Eminent Domain \nemissary. (17c) One sent on a special mission as another's \nagent or representative, esp. to promote a cause or to \ngain information. \nemit, vb. (16c) 1. To give off or discharge into the air \n<emit light>. 2. To issue with authority <emit a new \nseries of currency>. -emission, n. \nemolument (i-mol-y;t-m<lnt), n. (15c) (usu. pl.) Any \nadvantage, profit, or gain received as a result of one's \nemployment or one's holding ofoffice. [Cases: Officers \nand Public Employees (::::'94.] \nEmoluments Clause. (1991) 1. The clause of the United \nStates Constitution preventing members of Congress \nfrom continuing to serve in Congress after accepting \nan appointment to another federal office, and also pro\nhibiting such an appointment if the office was created \nor its emoluments increased while the Senator or Rep\nresentative served in Congress. U.S. Const. art. I,  6, \nd. 2. -Also written Emolument Clause. 2. FOREIGN \nEMOLUMENTS CLAUSE. \ne-money. See MONEY. \nemotional abuse. See ABUSE. emphasis added \nemotional distress. (1933) A highly unpleasant mental \nreaction (such as anguish, grief, fright, humiliation, \nor fury) that results from another person's conduct; \nemotional pain and suffering. -Emotional distress, \nwhen severe enough, can form a basis for the recovery \nof tort damages. Also termed emotional harm; \nmental angUish; mental distress; mental suffering. See \nINTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; \nNEGLIGENT INFLICTION OF EMOTIONAL DISTRESS. Cf. \nmental cruelty under CRUELTY. [Cases: Damages \n57.1-57.60.] \n\"Emotional distress passes under various names, such \nas mental suffering, mental anguish, mental or nervous \nshock, or the like. It includes all highly unpleasant mental \nreactions, such as fright, horror, grief, shame, humiliation, \nembarrassment, anger, chagrin, disappointment, worry, \nand nausea. It is only where it is extreme that the liability \narises. Complete emotional tranquility is seldom attain \nable in thiS world, and some degree of transient and trivial \nemotional distress is a part of the price of living among \npeople. The law intervenes only where the distress inflicted \nis so severe that no reasonable man could be expected to \nendure it. The intensity and the duration of the distress are \nfactors to be considered in determining its severity. Severe \ndistress must be proved; but in many cases the extreme \nand outrageous character of the defendant's conduct is \nin itself important evidence that the distress has existed:' \nRestatement (Second) of Torts  46 cmt. j (1965). \nemotional harm. See EMOTIONAL DISTRESS. \nemotional incapacity. 1. The inability to control one's \nemotions or express appropriate emotions because ofa \nmental disorder. 2. Hist. Evidence. (Of a witness) hostil\nity or partiality rooted in bias, corruption, or interest . \nAt common law, an interested witness was not compe\ntent to testify on grounds ofemotional incapacity. See \nState v. Craft, 41 So. 550,551 (La. 1906). \nemotional insanity. See INSANITY. \nempanel, vb. (l5c) To swear in (a jury) to try an issue or \ncase. -Also spelled impanel. [Cases: Jury~ 146.] \nempanelment, empaneling, n. \nempaneled jury. See JURY \nemparnours (em-pahr-narz), n. pl. [French] Hist. Persons \nwho undertook lawsuits on behalf ofothers. \nemperor. (13c) 1. The title of the sovereign ruler of an \nempire. 2. The chief of a confederation of states of \nwhich kings are members . The rulers of the Roman \nworld adopted the deSignation emperor after the fall \nofthe republic. The title was later assumed by those \nincluding Napoleon -who claimed to be their suc\ncessors in the Holy Roman Empire. The sovereigns of \nJapan and Morocco are often called emperors, as were, \nin Western speech, the former sovereigns ofTurkey and \nChina. The title denotes a power and dignity superior to \nthat ofa king. It appears to be the appropriate style of \nthe executive head of a federal government constructed \non the monarchial principle and comprising several \ndistinct kingdoms or other quasi-sovereign states, as \nwith the German empire from 1871 to 1918. \nemphasis added. (1945) A citation Signal indicating \nthat the writer quoting another's words has italicized \n\n602 emphyteusis \nor otherwise emphasized some ofthem. Also termed ' \nemphasis supplied. \nemphyteusis (em-fi-t[y]oo-sis), n. [Greek \"implanting\"] \n(16c) Greek, Roman & civil law. A contract bv which \none person delivered to another (the emphyteuta) a \ntract ofland, either in perpetuity or for a long period \noftime,"}
{"text": "another (the emphyteuta) a \ntract ofland, either in perpetuity or for a long period \noftime, in exchange for the obligation to cultivate the \nland and to pay annual rental.  In Roman law, the land \nwas state-owned (ager vectigalis). In the 5th century, \nemphyteusis was officially recognized as distinct from \nownership or a lease. The land's lessee or tenant, called \nan emphyteuta, had to bear any burdens imposed on \nthe land. Although the emphyteusis was alienable, the \nowner had to consent to the sale. (Cf. SUPERFICIARIUS.) \nUnlike a usufruct, emphyteusis did not terminate with \nthe death of the emphyteuta. Perpetual emphyteusis was \nabolished in the 18th century. \nemphyteuta (em-fi-t[yJoo-t;:i), n. [Latin] (18c) Roman \n& civil law. The person to whom an emphyteusis is \ngranted; the lessee or tenant under a contract of emphy\nteusis. See FEE FARM. \nemphyteutic (em-fi-t[y]oo-tik), adj. [Latin] (l7c) Civil \nlaw. Founded on, growing out of, or having the charac\nter of an emphyteusis; held under an emphyteusis. \nempire. (14c) The jurisdiction of an emperor; the region \nover which an emperor's dominion extends. \nempirical (em-pir-i-bl), adj. (16c) Of, relating to, or \nbased on experience, experiment, or observation ! \n<the expert's theory was not supported by empirical \ndata>. Also termed empiric. \nemplazamiento (em-plah-zah-myen-toh), n. [Spanish] \nSpanish law. A summons; esp., a court-issued citation \nrequiring the addressee to appear at a designated time \nand place. \nemplead. See IMPLEAD. \nemploi (om-plwah), n. [French] French law. Equitable \nconversion. -When property covered by the \ndotal is sold, the purchaser must ensure that the sale \nproceeds are reinvested for the wife's benefit. See regime \ndotal under REGIME. \nemploy, vb. (i5c) 1. To make use of. 2. To hire. 3. To \nuse as an agent or substitute in transacting business. \n4. To commission and entrust with the performance \nof certain acts or functions or with the management \nof one's affairs. \nemployee. (1822) A person who works in the service of \nanother person (the employer) under an express or \nimplied contract ofhire, under which the employer has \nthe right to control the details of work performance. \nAlso spelled employe. Cf. AGENT (1); INDEPENDENT CON\nTRACTOR. [Cases: Labor and Employment \nborrowed employee. (1932) An employee whose services \nare, with the employee's consent, lent to another \nemployer who temporarily assumes control over the \nemployee's work. -Under the doctrine ofrespondeat \nsuperior, the borrowing employer is vicariously liable \nfor the borrowed employee's acts. But the borrowing employer may also be entitled to assert immunity \nunder workers' -compensation laws. -Also termed \nborrowed servant; loaned employee; loaned servant; \nemployee pro hac vice; special employee. See RESPON\nDEAT SUPERIOR. [Cases; Labor and Employment \n26; Workers' Compensation \nprobationary employee. A recently hired employee \nwhose ability and performance are being evaluated \nduring a trial period of employment. \nstatutory employee. Workers' compensation. An \nemployee who is covered, or required to be covered, by \nthe employer's workers' compensation insurance and \nwho therefore has no independent tort claim against \nthe employer for unintentional injuries suffered on \nthe job. See statutory employer under EMPLOYER. \n[Cases: Workers' Compensation 2161.] \nemployee benefit plan. (1942) A written stock-pur\nchase, savings, option, bonus, stock-appreciation, \nprofit-sharing, thrift, incentive, pension, or similar \nplan solely for employees, officers, and advisers of a \ncompany. -The term includes an employee-welfare \nbenefit plan, an employee-pension benefit plan, or a \ncombination ofthose two. See 29 USCA  1002(3). But \nthe term excludes any plan, fund, or program (other \nthan an apprenticeship or training program) in which \nno employees are plan participants. Often shortened \nto plan. Cf. PENSION PLAN. \ndefined-benefit plan. A plan established and main\ntained by an employer primarily to provide system\natically for the payment of definitely determinable \nbenefits to employees over a period ofyears, usu. for \nlife, after retirement; any pension plan that is not a \ndefined-contribution plan . Retirement benefits \nunder a defined benefit plan generally are based on a \nformula that included such factors as years ofservice \nand compensation. If the trust funding the plan \nlacks sufficient assets to pay the promised benefits, \nERISA requires the employer to cover the shortfall. \n29 USCA  1002(35). Cf. defined contribution plan. \n[Cases: Labor and Employment \ndefined-contribution plan. Under ERISA, an employee \nretirement plan in which each participant has a \nseparate account -funded by the employee's con\ntributions and the employer's contributions (usu. in \na preset amount) -and each participant's benefits \nare based solelv on what has accumulated in the \nparticipant's ac~ount. 29 USCA  1002(34). -Also \ntermed defined-contribution pension plan; individual \naccount plan. Cf. defined~benefit plan. [Cases: Labor \nand Employment ~423.J \ndisability retirement plan. 1. A plan that is invoked \nwhen a covered person is disabled from working \nto normal retirement age. 2. A plan that provides \nincreased benefits ifa person retires because ofa dis\nability. [Cases: Labor and Employment \nemployee-stock-ownership plan. A type of profit\nsharing plan that invests primarily in the employer's \nstock. _ Employee-stock-ownership plans receive \n\n603 \nspecial tax benefits and can borrow money to fund \nemployee stock purchases, which makes them a useful \ncorporate finance tooL IRC (26 USCA)  4975(e)(7). -\nAbbr. ESOP. [Cases: Internal RevenueC:>3578, 4297; \nLabor and Employment (~491(2).1 \nexcess-benefit plan. An employee benefit plan main\ntained by an employer solely for the purpose of pro\nviding benefits for certain employees in excess of \nlimitations on contributions and benefits imposed \nby the Internal Revenue Code. 29 USCA  1002(36). \n[Cases: Labor and Employment ?420.J \n40I(k) plan. A retirement and savings plan that allows \nan employee to elect to have a portion of his or her \npretax salary contributed to a defined contribution \nplan. Employers often match all or part of the \nemployee's contributions. Employees usu. can choose \ninvestments from a list of options. IRC (26 USCA)  \n40l(k). [Cases: Internal Revenue \n403(b) plan. A retirement plan for employees ofpublic \neducational systems and certain tax-exempt organi\nzations that is funded by pretax employee contribu\ntions much like a 40l(k) plan, but may also provide for \nemployer contributions. IRC (26 USCA)  403(b).\nAlso termed tax-sheltered annuity; tax-deferred \nannuity. [Cases: Internal Revenue (;:::> 3587.] \n457plan. A type of deferred-compensation plan for \nemployees of state and local governments and tax\nexempt organizations that operates much like a \n401(k) plan, but (except for governmental plans) is \nunfunded. IRC (26 USCA)  457. [Cases: Labor and \nEmployment ?417.] \ngovernmental plan. Under ERISA, an employee benefit \nplan established or maintained for its employees by \nthe federal government, state or local governments, \nor their agencies or instrumentalities. 29 USC A  \n1002(32). If a collective-bargaining agreement \nbetween a labor union and a governmental entity \nincludes a benefit plan, that plan may be a governmen\ntal plan if it is funded by and covers only employees of \nthe governmental entity. -Also termed governmen\ntal employee benefit plan; government plan. \nindividual account plan. See defined-contribution \nplan. \nKeogh plan. See KEOGH PLAN. \nmedical-expense reimbursement plan. An arrange\nment provided by an employer to reimburse employ\nees for medical expenses, including vision and dental \nexpenses, that are not covered under a medical plan \navailable to all employees . Some plans may also be \nused to substitute for health insurance, or to pay for \nmedical expenses in excess ofinsurance-policy limits. \nIRC (26 USCA) 105. -Abbr. MERP. [Cases: Labor \nand Employment \nmoney-purchase plan. A defined-contribution plan \nthat provides for mandatory employer contributions \nwithout regard to employer profits . Contributions \nare frequently stated as a percentage ofemployee com\npensation. [Cases: Labor and Employment C:~\")423.] employee benefit plan \nnonqualified deferred-compensation plan. An \nunfunded compensation arrangement, frequently \noffered to executives, that defers compensation and \nthe recognition of its accompanying taxable income \nto a later date . It is termed \"nonqualified\" because \nit does not qualify for favorable tax treatment under \nIRC (26 USCA)  40l(a). The plan avoids the restric\ntions on qualified plans, esp. the limits on contribu\ntions and benefits and rules against discrimination \nin favor of highly compensated employees. Abbr. \nNQDC. -Also termed nonqualified executive-com\npensation plan; unfunded deferred-compensation plan. \n[Cases: Internal Revenue C:-:: 3596.] \n\"Generally, a nonqualified deferred compensation plan is \nan agreement or promise by an employer to certain indio \nviduals to pay compensation to those individuals at some \nfuture date. A nonqualified plan may also be a series of \ndeferred compensation agreements between an employer \nand certain individuals that are considered to be a plan of \nbenefits. These types of plans do not qualify for the special \ntax treatment afforded to plans that meet the qualifica \ntion requirements of Section 401(a) of the Internal Revenue \nCode ....\" BruceJ. McNeil, Nonqualified Deferred Compen\nsation Plans 1 (1994). \npension plan. See PENSION PLAN. \nprofit-sharing plan. See PROFIT-SHARI~G PLAN. \nqualified plan. 1. See qualified pension plan under \nPENSION PLAN. 2. See qualified profit-sharing plan \nunder PROFIT-SHARING PLAK. \nsurvivor-income benefit plan. An agreement between \nan employer and an employee whereby the employer \nagrees that ifthe employee dies before retirement, the \nemployer will pay a specified or determinable amount \nto the employee's spouse or other designated benefi\nciary. Typically, a formula is used, so the benefit \namount may be a multiple of the employee's salary \n(e.g., two times the average base pay in the three years \npreceding death) or based on the length of employ\nment. -Abbr. SIB. Also written survivors-income \nbenefit plan. Also termed death-benefit-only plan \n(abbr. DBO). [Cases: Labor and Employment C:> \n428.] \nretirement plan. An employee benefit plan -such \nas a pension plan or Keogh plan -provided by an \nemployer (or a self-employed person) for an employ\nee's retirement. [Cases: Labor and Employment? \n420.] \nSIMPLE plan. An arrangement under which an indi\nvidual retirement account or annuity is established for \neach eligible employee and funded by elective pretax \nemployee contributions, much as with a 401(k) plan, \nand certain matching or minimum employer con\ntributions. The plan can be attractive to employers \nbecause it is easier to administer than a 401(k) plan. \nThe name is a loose acronym for \"Savings Incentive \nMatch Plan for Employees.\" IRC (26 USCA)  408(p). \n[Cases: Labor and Employment (;:::>420.] \nsimplified employee pension plan. An arrangement \nunder which an individual retirement account or \nannuity is established for each eligible employee and \n\n604 employee givebacks \nfunded by discretionary employer contributions. \nIRC (26 USCA)  408(k) . A simplified employee \npension plan operates much like a 401(k) plan, in that \nthe employee contributions can be made by deferred \ncompensation and the employer can contribute. But \nthe plan is attractive to small employers because it \nis much easier to administer than a 401(k) plan and \ngives the employer complete discretion on whether \nto make an annual contribution. IRC (26 USCA)  \n408(k). -Abbr. SEP; SEP-IRA. [Cases: Labor and \nEmployment (>420.] \nsplit-funded plan. A retirement plan combining \nelements of both life-insurance and investment \nplans. \ntarget benefit plan. A money-purchase plan that sets \na \"target\" benefit for each participant and mandates \nemployer contributions determined by an actuarial \ncost method designed to fund the target benefit. \nunfunded deferred-compensation plan. See nonquali\nfied deferred-compensation plan. \nwelfare plan. Under ERISA, any plan, fund, or program \nestablished or maintained by an employer or an \nemployee organization for the purpose of providing \nto participants or their beneficiaries any number of \npotential benefits: medical, surgical, or hospital care \nor benefits; benefits in the event ofsickness, accident, \ndisability, death or unemployment; vacation benefits; \napprenticeship or other training programs; daycare \ncenters; scholarship funds; prepaid legal services; or \nholiday and severance benefits. 29 USC A  1002(1). \n[Cases: Labor and Employment \nemployee givebacks. See CONCESSION BARGAINING. \nemployee-liability exclusion. See EXCLUSION (3). \nemployee pro"}
{"text": ". See CONCESSION BARGAINING. \nemployee-liability exclusion. See EXCLUSION (3). \nemployee pro hac vice. See borrowed employee under \nEMPLOYEE. \nEmployee Retirement Income Security Act. A federal \nstatute that regulates private pension plans and \nemployee benefit plans and that established the Pension \nBenefit Guaranty Corporation. 29 USCA  1001 et \nseq. -Abbr. ERISA. [Cases: Labor and Employment \n(>401.J \n\"ERISA was adopted in 1974 in response to highly publi \ncized instances of fraud and mismanagement in employee \npension funds, which had resulted in thousands of workers \nlosing retirement benefits accumulated over a lifetime of \nwork, ERISA was intended primarily as an instrument for \nregulating pensions, as its title suggests, and most of its \nsubstantive provisions address protection of retirement \nbenefits. ERISA also, however, applies to employee welfare \nbenefit plans, and thus covers employer provided health \ninsurance, the dominant vehicle for private finance of \nhealth care in the United States.\" Barry R. Furrow et aI., \nHealth Law  2-9, at 48 (2d ed. 2000). \nemployee stock option. See STOCK OPTION (2). \nemployee-stock-ownership plan. See EMPLOYEE BENEFIT \nPLAN. \nEmployee's Withholding Allowance Certificate. See \nW-4 FORM. employer. (16c) A person who controls and directs a \nworker under an express or implied contract ofhire and \nwho pays the worker's salary or C[ PRINCIPAl. \n(1). [Cases: Labor and Employment \nequal-opportunity employer. An employer who \nagrees not to discriminate against any job appli\ncant or employee on the basis of race, color, religion, \nsex, natural origin, age, or disability. Abbr. EOE. \nCivil Rights (;:::; 110.] \ngeneral employer. An employer who transfers an \nemployee to another employer for a limited period. \nSee borrowed employee under EMPLOYEE. \nspecial employer. An employer who has borrowed an \nemployee for a limited period and has temporary \nresponsibility for and control over the employee's \nwork. \nstatutory employer. Workers' compensation. One who \nemploys a statutory employee. See statutory employee \nunder EMPLOYEE. [Cases: Workers' Compensation \nemployer-employee relationship. See RELATIONSHIP. \nemployer-identification number. See TAX-IDENTIFICA\nTION NUMBER. \nemployers' liability. See WORKERS' COMPENSATION. \nemployers' -liability insurance. See INSURANCE. \nemployment. (15c) 1. The relationship between master \nand servant. See MASTER AND SERVANT. 2. The act of \nemploying. 3. The state of being employed. 4. Work \nfor which one has been hired and is being paid by an \nemployer. \ncasual employment. Work that is occasional, irregu\nlar, or for a short time -often associated with day \nlabor. \nemployment at will. Employment that is usu. under\ntaken without a contract and that may be terminated \nat any time, by either the employer or the employee, \nwithout cause. Also termed at-will employment; \nhiring at will. [Cases: Labor and Employment \n40.J \n\"Surprisingly, the employment at will doctrine is not an \nancient one. On the contrary, it dates only from the period \nin the mid-nineteenth century that saw the transforma\ntion of the employment relation from one of status to one \nof contract. The relentless logic of the contract approach \ndictated the rule that the employee had only such rights \nas were expressly agreed to in his contract of employ\nment no more and no less. This meant that there was no \nimplication that an indefinite hiring would last for a year or \nany other presumed period, since ifthe parties had wanted \na particular term they would have expressly agreed to it.\" 1 \nLex K. Larson, Unjust Dismissal  1.01, at 13 (1992). \n\"The doctrine of employment at will prescribed that an \nemployee without a contract for a fixed term could be \nhired or fired for any reason or no reason at all.. ,[The] \nrule provided that employees categorized as 'at will' had \nno legal interest in continuing job security. Whereas early \nAmerican masters had some responsibility to the public \nas well as to their servants when they turned dependent \nservants out on the world, under [thisl formulation, masters \ncould simply fire employees who had no contracts.\" Mark \nA. Rothstein et aI., Employment Law  lA, at 9-10 (1994). \n\n605 \ngainful employment. Work that a person can pursue \nand perform for money. \nhazardous employment. High -risk work; work involv\ning extra peril. _ In the context ofworkers' compen\nsation, hazardous employment often requires an \nemployer to carry workers'-compensation coverage \nor its equivalent, regardless ofthe number ofemploy\nees. \njoint employment. A job in which the essential terms \nand conditions ofthe employee's work are controlled \nby two or more entities, as when a company hires a \ncontractor to perform a task and retains control over \nthe contractor's employees in matters such as hiring, \nfiring, diScipline, conditions of employment, prom\nulgation ofwork rules. assignment ofday-to-day job \nduties, and issuance ofoperating instructions. \npermanent employment. Work that, under a contract, \nis to continue indefinitely until either party wishes to \nterminate it for some legitimate reason. \nseasonal employment. An occupation possible only \nduring limited parts of the year, such as a summer\ncamp counselor, a baseball-park vendor, or a shop\nping-mall Santa. \ntemporary employment. Work for a specific need or \nfixed duration, usu. agreed upon beforehand. \nemployment agency. (l9c) A business that procures, for a \nfee, employment for others and employees for employ\ners. -Whether the employer or the employee pays the \nfee depends on the terms ofthe agreement. See FINDER \n(1). [Cases: Labor and Employment C=:::935.] \nEmployment and Training Administration. A unit in \nthe U.S. Department of Labor responsible for devel\noping plans for training dislocated and unemployed \nworkers, including young people and those who are \ndisabled; and for interpreting federal workforce-secu\nrity laws as they apply to the states. \nemployment contract. See CONTRACT. \nemployment-practices-liability insurance. See INSUR\nANCE. \nemployment-related-practices exclusion. See EXCLU\nSION (3). \nEmployment Standards Administration. A unit in the \nU.S. Department of Labor responsible for enforCing \nvarious laws and administering programs pertaining to \nminimum-wage and overtime standards, registration \noffarm-labor contractors, wage rates to be paid and the \nnondiscrimination and affirmative-action programs to \nbe followed by government contractors and subcon\ntractors, workers'-compensation programs for federal \nand certain private employers, financial integrity and \nthe internal organizational practices oflabor unions, \nand certification ofemployee protection for federally \nsponsored transportation programs. _ The Administra\ntion operates through four divisions that have regional \noffices or administrators in various cities: the Office \nof Federal Contract Compliance Programs, the Wage emptor familiae \nStandards, and the Office of Workers' Compensation \nPrograms. Abbr. ESA. \nemporium (em-por-ee-am), n. (l6c) 1. A place for whole\nsale trade in commodities carried bv sea. -The term \nis sometimes applied to a seaport t;wn, but properly \nsignifies only a particular place in such a town. 2. An \nimportant marketplace. 3. A large retail store that sells \na wide variety ofgoods. \nempresario (em-pre-sahr-ee-oh), n. [Spanish]l. Spanish \nlaw. A businessperson; one who invests in or manages \na business; esp., a land developer. 2. Rist. A person \nreceiving extensive land grants as consideration for \nbringing people into Mexico (esp. into what would \nbecome Texas) and settling them on the land for the \npurpose of increasing the population, developing the \ncountry's resources, and controlling the aboriginal \npeoples. \nemptio (emp-shee-oh), n. [Latin \"purchase\"] Roman & \ncivil law. The act ofbuying; a purchase. Also spelled \nemtio. PI. emptiones. \nemptio bonorum (ba-nor-am). [Latin \"purchase of \ngoods\"] A type of forced assignment for the benefit \nof creditors, involving a public sale of an insolvent \ndebtor's estate whereby the purchaser succeeded to all \nthe debtor's property, rights, and claims, and became \nresponsible for the debtor's debts and liabilities to an \nextent fixed before the transfer. \nemptio etvenditio (et ven-dish-ee-oh). [Latin \"purchase \nand sale\"] A contract of sale. -The double name \nreflects that both the buyer and seller had duties and \nrights in the transaction. In Roman law, agreement \non the thing to be sold and its price were essential. \nThe buyer could enforce the contract by actio empti, \nand the seller could enforce bv actio venditio -Also \ntermed emptio venditio. See VENDITIO. \nemptio rei facta a pluribus ementibus (emp-shee-oh \nree-I fak-ti'l ay plnur-a-b<ls i-men-ta-bas). [Latin] Rist. \nA purchase made by many buyers. La. Civ. Code art. \n2450. -An emptio rei facta a pluribus ementibus did \nnot automatically create a partnership among the \npurchasers. \nemptio rei speratae (ree-I sp<:l-ray-tee). [Latin \"purchase \nofa hoped-for thing\"]1he purchase ofa thing not yet \nin existence or not yet in the seller's possession; e.g., \na future crop. La. Civ. Code art. 2451. -1he price \nof such a purchase typically depended on the actual \nyield and thus could fluctuate. \nemptio spei (spee-I). [Latin \"purchase of a hope\"] An \nemptio rei speratae in which the price is fixed, regard\nless of actual gain. -Even if the future event, such \nas the casting of a net, produced nothing, the buyer \nhad to pay. \nemptio venditio. See emptio et venditio. \nemptor (emp-tor or -tar), n. [Latin] Civil law. A buyer; \npurchaser. -Also spelled emtor. See caveat emptor \nunder CAVEAT. PI. emptores. \nand Hour Division, the Office of Labor-Management i emptor familiae. See FAMILIAE EMPTOR. \n\n606 emptrix \nemptrix (em[p]-trdks), n. [LatinJ Civil law. A female \nbuyer. -Also spelled emtrix. PI. emptrices. \nempty-chair defense. See DEFE:'oISE (2). \nempty-chair doctrine. See ADVERSE- INTEREST RULE. \nempty-suit defense. See DEFENSE (1). \nemtio. See EMPTIO. \nemtor. See EMPTOR. \nemtrix. See EMPTRIX. \nenable, vb. To give power to do something; to make \nable. \nenablement. Patents. The disclosure in a patent applica\ntion; spedf. the description of the subject matter clear \nand complete enough to teach a person of ordinary \nskill in the art how to make and use the invention. \nIf the artisan would still be unable to work the inven\ntion without undue experimentation after reading the \ndescription -in light ofthe information known in the \nart as ofthe filing date ofthe patent application -the \npatent application will be rejected for lack of enable\nment. 35 USCA  112. Cf. NONENABLE:\\1ENT. [Cases: \nPatents C=>99.] \nenablement by deposit. See DEPOSIT (6). \nenablement requirement. Patents. The rule that the \nspecification ofa patent application must describe the \ninvention so that a person with ordinary skill in the \nart could make and use the invention without undue \nexperimentation. - A specification that meets this \nrequirement is referred to as enabling. Cf. ENABLING \nSOURCE. [Cases: Patents \nenabling act. See enabling statute under STATUTE. \nenabling clause. See CLAUSE. \nenabling disclosure. See DESCRIPTION (5). \nenabling power. See POWER OF APPOINTMENT. \nenabling source. Patents. A document that defeats the \npatentability of an invention because the information \nprovided made it possible before the patent applica\ntion was filed -for a person skilled in the art to make \nthe invention. Cf. ENABLEMENT REQUIREMENT. \nenabling statute. 1. See STATUTE. 2. Hist. (cap.) The Lease \nAct (1540), by which tenants in tail, husbands seised \nin right of their wives, and others were empowered to \nmake leases for their lives or for 21 years. St. 32 Hen. \n8, ch. 28. \nenact, vb. (15c) l. To make into law by authoritative act; \nto pass <the statute was enacted shortly before the \nannounced deadline>. 2. (Of a statute) to provide <the \nstatute of frauds enacts that no action may be brought \non certain types ofcontracts unless the plaintiff has a \nsigned writing to prove the agreement>. -enactor, \nn. \nenacted law. See LAW. \nenacting clause. See CLAUSE. \nenacting words. The statutory phraSing denoting that an \nact is taking effect as law. -The most common enacting words are Be it enacted that . ... [Cases: Statutes \n40.J \nenactive (en-ak-tiv), adj. 07c) 1. Having the power to estab\nlish a new law; capable ofenacting. 2. ENACTORY (1). \nenactment, n. (18c) 1. The action or process of making \ninto law <enactment ofa legislative bill>. 2. A statute \n<a recent enactment>. \nenactor (en-ak-tClr), n. A person or body that enacts or \ndecrees; esp., one that establishes a new law. \nenactory, (i-nak-td-ree), adj. (19c) 1. Of, relating to, \nconstituting"}
{"text": "actory, (i-nak-td-ree), adj. (19c) 1. Of, relating to, \nconstituting, or by an enactment; esp., instituting a \nnew right or duty by means ofenactment. 2. ENACTIVE \n(1). \nenajenacion (e-nah-hen-ah-syohn), n. [Spanish) Spanish \nlaw. Alienation; the transfer of land. \nen arere (en <}-reer). [Law French] In time past. \nen autre droit (en oh-trd droyt or on noh-trd drwah). \n[French] In the right of another, as when an executor \nsues on behalf of the estate. -Also spelled in autre \ndroit. See AUTRE DROIT. \nen bane (en bangk or on bongk). [Law French \"on the \nbench\"] adv. &adj. (1863) With all judges present and \nparticipating; in full court <the court heard the case en \nbanc> <an en banc rehearing>. Also spelled in banc; \nin bank. Also termed in banco. \nen bane sitting. See SITTING. \nenbaneworthy, adj. Slang. Worthy ofbeing considered \nen banc <the Fifth Circuit concluded that two ofthe \nfour issues are truly enbancworthy>. enbancwor\nthiness, n. \nen bloc (on blok or en blok), ad). & adv. [French] As a \nwhole; as a unit. -In parliamentary law, this term can \nrefer to a series of resolutions or other motions that \nare disposed of with a single vote. Also termed en \ngrosse. \nenbrever (en-bree-vdr), vb. [Law French] 1. To abbreviate. \n2. To put into a schedule. \nencheson (en-ehee-zdn), n. [Law French] The occasion, \ncause, or reason for which something is done. Also \nspelled encheason. \nenclave (en-klayv or on-). (19c) lnt'llaw. An isolated part \nofa country's territory entirely surrounded by the terri\ntory ofone foreign country, so that any communication \nwith the main part of the country must pass through \nthe territory of the foreign country. -Although inter\nnational enclaves were once common, they are now rel\natively rare; examples include Baarle-Hertog, a Belgian \nenclave in the Netherlands, and Kaliningrad, a Russian \nenclave between Lithuania and Poland. -Also termed \ninternational enclave. \nfederal enclave. Territory or land that a state has ceded \nto the United States. -Examples of federal enclaves \nare military bases, national parks, federally adminis\ntered highways, and federal Indian reservations. The \nU.S. government has exclusive authority and \n\n607 \ndiction over federal enclaves. [Cases: United States \nquasi-enclave. An isolated part of a country's terri\ntory that, though not entirely surrounded by the ter\nritory of a foreign country, is inaccessible by way of \nthe country's own territory because oftopographical \nfeatures such as impassable mountains. \nenclose, vb. (14c) 1. To surround or encompass; to fence \nor hem in on all sides. 2. To place (something) in a \nparcel or envelope. Also spelled inclose. \nenclosed land. See LAND. \nenclosed please find. See TRANSMITTAL LETTER. \nenclosure. (ISc) 1. Something enclosed in a parcel or \nenvelope. 2. Land surrounded by some visible obstruc\ntion; CLOSE (1). 3. An artificial fence around one's \nestate. -Also spelled inclosure. [Cases: Fences \nencomienda (en-koh-mee-en-dah), n. [Spanish] Spanish \nlaw. 1. A royal grant to a private person of a certain \nportion of territory in the Spanish colonies, together \nwith the concession of a certain number of the native \ninhabitants, on the feudal principle ofcommendation. \n2. A royal grant of privileges to the military orders \nof Spain. 3. A mandate for a person to do a specific \ncommission. 4. Something given by mandate; esp., a \nparceL \nencourage, vb. (ISc) Criminal law. To instigate; to incite \nto action; to embolden; to help. See AID AND ABET. \n[Cases: Criminal Law ~.'S9(5).] \nencroach, vb. (16c) 1. To enter by gradual steps or stealth \ninto the possessions or rights ofanother; to trespass or \nintrude. 2. To gain or intrude unlawfully upon anoth\ner's lands, property, or authority. Formerly also \nspelled incroach. [Cases: Trespass (;::;; 1,10.] \nencroachment, n. (16c) 1. An infringement of another's \nrights. 2. An interference with or intrusion onto anoth\ner's property <the court remedied the encroachment \nby ordering the defendant to cut down the tree limb \nhanging over the plaintiff's yard>. Formerly also \nspelled incroachment. See TRESPASS. [Cases: Trespass \n(,~12.] \nencumbrance, n. (16c) A claim or liabilitythatis attached \nto property or some other right and that may lessen its \nvalue, such as a lien or mortgage; any property right \nthat is not an ownership interest. _ An encumbrance \ncannot defeat the transfer ofpossession, but it remains \nafter the property or right is transferred. Also spelled \nincumbrance. [Cases: Mortgages (;::;; 1; Secured Trans\nactions ~)LJ -encumber, vb. \n\"Encumbrances are not confined to the law of property, \nbut pertain to the law of obligations also. Choses in action \nmay be mortgaged, settled in trust, or otherwise made \nthe subject-matter of jura in re aliena, no less than land \nand chattels.\" John Salmond, Jurisprudence 435-36 n.(k) \n(Glanville L. Williams ed .. 10th ed. 1947). \n'''Encumbrance' means a right, other than an ownership \ninterest, in real property. The term includes a mortgage or \nother lien on real property.\" UCC  9-102(a)(32). endorser \nmesne encumbrance (meen). An intermediate encum\nbrance; an encumbrance that first occurred both \nearlier and later than other encumbrances. \nencumbrancer. (1858) One haVing a legal claim, such as \na lien or mortgage, against property. \nend, n. 1. An object, goal, or purpose. 2. A result; a ter\nmination point. \nendangered species. See SPECIES (1). \nendangering the welfare ofa child. See CHILD ENDAN\nGERMENT. \nendangerment, n. (17c) The act or an instance of putting \nsomeone or something in danger; exposure to peril or \nharm. See CHILD ENDANGERMENT; RECKLESS ENDAN\nGERMENT. endanger, vb. \nendeavor, n. (ISc) A systematic or continuous effort to \nattain some goal; any effort or assay to accomplish some \ngoal or purpose. \nendeavor, vb. (ISc) To exert physical or intellectual \nstrength toward the attainment of an object or goal. \nen declaration de simulation (on dek-Iah-rah-syawn \nd<l sim-[Y]<l-lah-syawn). [French \"in order to declare \n(something) a pretence\"] Civil law. An action to void \na contract; esp., one brought to remove a cloud from \ntitle and bring back, for any legal purpose, to the true \nowner's estate the thing sold. \nen demeure (on d..-myuur). [French \"in default\"] Civil \nlaw. Ofa debtor who fails to pay on demand according \nto the terms ofthe obligation. \nendenizen (en-den- ..-z..n), vb. (16c) To recognize as a \nlegal resident; to naturalize. -Also spelled endenize; \nindenizen; indenize. endenization, n. \nendless-chain scheme. See PYRAMID SCHEME. \nend lines. Mining law. A claim's lines, as platted or laid \ndown on the ground, that mark its boundaries on the \nshorter dimension, where the claim crosses the vein, \nin contrast to side lines, which mark the longer dimen\nsion and follow the course of the vein . With reference \nto the apex rule, if the claim as a whole crosses the \nvein instead of following its course, the end lines will \nbecome the side lines and vice versa. See APEX RULE. \nCf. SIDE LINES; APEX RULE. [Cases: Mines and Minerals \n(;::;; 18. \nendnote. (1926) A note that, instead ofappearing at the \nbottom ofthe page (as a footnote does), appears at the \nend of the book, chapter, or paper. \nendogenous insemination. See artificial insemination by \nhusband under ARTIFICIAL INSEMINATION. \nendorse, vb. See INDORSE. \nendorsed bond. See guaranteed bond (1) under BOND \n(3). \nendorsee. See INDORSEE. \nendorsement, n. (l6c) 1. INDORSEMENT. 2. An amend\nment to an insurance policy; a rider. [Cases: Insurance \n(;::;; 1874.] endorse, vb. endorseable, adj. \nendorser. See INDORSER. \n\n608 endow \nendow, vb. (l4c) 1. To give money or property to, esp. as \na source ofcontinuing or permanent income. 2. Hist. \nTo provide (a woman) with a dower. \nendowment. (lSc) 1. A gift of money or property to an \ninstitution (such as a university) for a specific purpose, \nesp. one in which the principal is kept intact indefi\nnitely and only the interest income from that principal \nis used. 2. Hist. The assigning or giving of a dower to \na woman. \nendowment insurance. 1. See INSURANCE. 2. See endow\nment life insurance under LIFE INSURANCE. \nendowment life insurance. See LIFE INSURANCE. \nendowment policy. See INSURANCE POLICY. \nend position. (1964) One's legal and financial position \non the signing ofa contract, including the choices now \navailable, such as renewal and renegotiation. \nend user. See USER (2). \nEnelow-Ettelson rule (en-d-Ioh-et-dl-s;m). The defunct \ndoctrine that an order staying federal-court proceed\nings pending the determination ofan equitable defense \n(such as arbitration) is an injunction appealable under \n28 USCA  1292(a)(l) if the proceeding stayed was an \naction that could have been maintained as an action \nat law before the merger oflaw and equity. Enelow v. \nNew York Life Ins. Co., 293 U.S. 379, 55 S.Ct. 310 (1935); \nEtte/son v. Metropolitan Life Ins. Co., 317 U.S. 188,63 \nS.Ct. 163 (1942). [Cases: Federal Courts \nenemy. (Bc) 1. One who opposes or inflicts injury on \nanother; an antagonist. 2. An opposing military force. \n3. A state with which another state is at war. -Also \ntermed public enemy. 4. A person possessing the \nnationality ofthe state with which one is at war. -Also \ntermed enemy subject. 5. A foreign state that is openly \nhostile to another whose position is being considered. \nalien enemy. See ALIEN. \npublic enemy. (16c) 1. A notorious criminal who is a \nmenace to society; esp., one who seems more or less \nimmune from successful prosecution. 2. ENEMY (3). \n3. A social, health, or economic condition or problem \nthat affects the public at large and is difficult to control \n<teenage smoking has been declared a public enemy \nin this country>. \nenemy alien. See alien enemy under ALIEN. \nenemy combatant. See COMBATANT. \nenemy's property. Int'llaw. Property used in illegal \ncommerce or trading with a public enemy, whether that \nproperty belongs to an ally or a citizen . This term is \nesp. common in prize courts. 'Ihe illegal traffic makes \nthe property hostile, and allows penal consequences to \nattach to the property itself. \nenemy subject. See ENEMY (4). \nEnergy, Department of. See DEPARTMENT OF ENERGY. \nenfait (on fay), adv. [French] In fact; actually. \nenfeoff (en-fef or en-feef), vb. (ISc) To put (a person) in \nlegal possession ofa freehold interest; to transfer a fief to. Formerly spelled infeoif. -Also termed feoff; \ninfeudate; (in Law Latin) feoffare. \nenfeoffment (en-fef-m;:!nt or en-feef-), n. (l5c) 1. At \ncommon law, the act or process oftransferring posses\nsion and ownership ofan estate in land. Also termed \ninfeudation; infeudatio. 2. The property or estate so \ntransferred. 3. The instrument or deed by which one \nobtains such property or estate. Also spelled infeoff\nment. Also termed feoffment; (in Scots law) infeft\nment. \nenforce, vb. (l4c) 1. To give force or effect to (a law, etc.); \nto compel obedience to. 2. Loosely, to compel a person \nto pay damages for not complying with (a contract). \nenforcement, n. (15c) The act or process of compelling \ncompliance with a law, mandate, command, decree, \nor agreement. \nextrajudicial enforcement. See SELF-HELP. \nlaw enforcement. See LAW ENFORCEMENT. \nremedial enforcement. See secondary right under \nRIGHT. \nsanctional enforcement. See secondary right under \nRIGHT. \nsecondary enforcement. See secondary right under \nRIGHT. \nselective enforcement. See SELECTIVE ENFORCEMENT. \nspecific enforcement. See primary right under RIGHT. \nEnforcement of Foreign Judgments Act. A uniform \nlaw, adopted by most states, that gives the holder of \na foreign judgment essentially the same rights to levy \nand execute on the judgment as the holder ofa domestic \njudgment. lhe Act defines a foreign judgment as any \njudgment, decree, or order (of a court in the United "}
{"text": "\njudgment. lhe Act defines a foreign judgment as any \njudgment, decree, or order (of a court in the United \nStates or ofany other court) that is entitled to full faith \nand credit in the state. See FULL FAITH AND CREDIT. \n[Cases: Judgment C:::815, 823, 829.] \nenforcement power. (1939) The authority by which \nCongress may enforce a particular constitutional \namendment's provisions by appropriate legislation . \nEnforcement power is granted to Congress under the \n13th, 14th, 15th, 19th, 23rd, 24th, and 26th Amend\nments. \nenfranchise, vb. (15c) 1. To grant voting rights or other \nrights ofcitizenship to (a person or class). 2. To set free, \nas from slavery. \nenfranchisement (en-fran-chiz-m;mt or -chIz-mdnt), rI. \n(16c) 1. 'The granting ofvoting rights or other rights of \ncitizenship to a class ofpersons. [Cases: Elections \n59.] 2. The act of making free, as from slavery. \nenfranchisement of copyhold. Hist. The conversion of \ncopyhold into freehold tenure, by (1) a conveyance of \nthe fee simple from the lord of the manor to the copy\nholder, (2) a release by the lord ofall seigniorial rights, \nor (3) a release by the copyholder to the lord ofthe copy\nholder's interest in the estate. See COPYHOLD. \nengage, vb. (l5c) To employ or involve oneself; to take \npart in; to embark on. \n\n609 enlarge \nengagement, n. (17c) 1. A contract or agreement involv\ning mutual promises. [Cases: Contracts (;::J55.] 2. An \nagreement to marry; the period after which a couple has \nagreed to marry but before they do so. -Also termed \n(in sense 2) betrothal; betrothment. [Cases: Breach of \nMarriage Promise (;::J 1.] \nengagement fee. See RETAINER (3). \nengagement letter. A document identifying the scope \nofa professional's services to a client and outlining the \nrespective duties and responsibilities ofboth. \nengagement slip. (1933) A note sent by a lawyer to a \ncourt informing the court that the lawyer is profes\nsionally engaged in a second court on a given day and \nthus cannot appear before the first court on that day as \nscheduled. The term is used in Pennsylvania. \nengender, vb. To cause; to bring about; to occasion. \nengineering, procurement, and construction contract. \nSee CONTRACT. \nEngland procedure. A procedure by which after a \nfederal court has referred a case back to state court \nunder the Pullman abstention doctrine, and the \nstate court has adjudicated the state-court issues - a \nlitigant may return to federal court to have the federal \nclaims adjudicated. England v. Louisiana State Bd. of \nMed. Examiners, 375 U.S. 411, 84 S.Ct. 461 (1964). See \nPullman abstention under ABSTENTION. [Cases: Federal \nCourts (;:=>65.] \nEnglish rule. The requirement that a lOSing litigant \nmust pay the winner's costs and attorney's fees. -Also \ntermed loser-pays rule. Cf. AMERICAN RULE (1). [Cases: \nCosts C-::> 194.14.] \nEnglishry, presentment of. PRESENTMENT OF ENG\nLISHRY. \nengros (on groh). [French] (18c) Total; by wholesale; IN \nGROSS. -Also spelled en grosse. Cf. EN BLOC. \nengross, vb. (15c) 1. Hist. To handwrite (a document, esp. \na deed) in a style characterized by large letters . This \nmethod of writing, which was derived from ancient \ncourt hand, was also used in transcribing wills well \ninto the 19th century. See COURT HAND. 2. To prepare \na copy of (a legal document, such as a deed) for execu\ntion. 3. To prepare a copy of (a bill or mandate) before \na final legislative vote. 4. Hist. To buy large quantities \nof (a stock or commodity) in an effort to corner the \nmarket and control the price. 5. To absorb or fully \noccupy. -Formerly also spelled ingross. Cf. ENROLL \n(2). -engrossment, n. \nengrossed bill. See BILL (3). \nengrosser, n. L A person who engrosses legal docu\nments. 2. Hist. A person who buys large quantities ofa \ncommodity in an effort to control the price. \nEngrosser of the Great Roll. See CLERK OF THE PIPE. \nengrossing, n. Hist. The practice of buying large quan\ntities of commodities or merchandise with the intent \nof gaining a monopoly and selling them at a very high \nprice. Engrossing was a misdemeanor in England until 1834. Also termed engrossment. See CORNER\nING THE MARKET. \n\"Engrossing ... is the getting into one's possession, or \nbuying up, of corn or other dead victuals, with intent to \nsell them again. This must of course be injurious to the \npublic, by putting it in the power of one or two rich men \nto raise the price of provisions at their own discretion.\" 4 \nWilliam Blackstone, Commentaries on the Laws ofEngland \n158 (1769). \nengrossment, n. (16c) L The preparation of a legal \ndocument (such as a deed) for execution. 2. The drafting \nof a resolution or bill just before a final vote on the \nmatter in the legislature. 3. ENGROSSING. \nenhanced, adj. Made increased <because ofhis \nrecidivism, Monte was subject to an enhanced sentence \nafter his latest conviction>. \nenhanced damages. See DAMAGES. \nenhancement. The act of augmenting; the state of \nbeing enhanced <the use of a deadly weapon led to an \nenhancement of the sentence>. \nenheritance (on-nair-ee-tahns), n. [Law French] See \nINHERITANCE. \nenitia pars (a-nish-ee-a pahrz). [Latin] The share of the \neldest. In English law, this describes the lot or share \nchosen by the eldest of coparceners when they make a \nvoluntary partition. The first choice (primer election) \nbelongs to the eldest. \nenjoin, vb. (l3c) 1. To legally prohibit or restrain by \ninjunction <the company was enjoined from selling \nits stock>. [Cases: Injunction (;::J 1.] 2. To prescribe, \nmandate, or strongly encourage <the graduating class \nwas enjoined to uphold the highest profeSSional stan\ndards>. -Also spelled injoin. enjoinment (for sense \n1), n. -enjoinder (for sense 2), n. \nenjoinable, adj. Capable ofbeing prohibited by injunc\ntion <an enjoinable nuisance>. [Cases: Injunction \n26-105.] \nenjoy, vb. (15c) To have, possess, and use (something) \nwith satisfaction; to occupy or have the benefit of \n(property). \nenjoyment, n. (16c) 1. Possession and use, esp. ofrights \nor property. 2. The exercise of a right. \nadverse enjoyment. (18c) The possession or use ofland \nunder a claim of right against the property owner. \n[Cases; Easements (;::J8.] \nbeneficial enjoyment. (I8c) The possession and benefit \nofland or other property, but without legal title. \npresent enjoyment. (18c) The immediate possession \nand use ofland or other property. \nquiet enjoyment. (l8c) The possession ofland with the \nassurance that the possession will not be disturbed \nby a superior title. See covenantfor quiet enjoyment \nunder COVENANT (4). [Cases: Covenants (:-:::>43,65.] \nen juicio (en hwee-syoh), adv. [Spanish] Judicially; in a \ncourt oflaw. \nenlarge, vb. (14c) 1. To increase in size or extend in scope \nor duration <the court enlarged the time allotted for \n\n610 enlargement of time \nclosing arguments>. 2. To free from custody or impris\nonment <at common law, an action for escape lay when \na prisoner was wrongly enlarged>. Cf. AT LARGE. \nenlargement, n. \nenlargement of time. (ISc) A usu. court-ordered exten\nsion of the time allowed to perform an action, esp. a \nprocedural one. \nenlarger l'estate (en-Iahr-j.:>f l.:>-stayt). [Law French] Hist. \nA release that enlarges an estate and consists ofa con\nveyance of the ulterior interest to the tenant.  If an \nestate was held by a tenant for life or years, with the \nremainder to another in fee, and jfthe one in remain\nder released all rights to the tenant and his or her heirs \n(through an enlarger ['estate), the tenant then held the \nestate in fee. \nenlisted member. Military law. A person in an enlisted \ngrade; a person in military service below the grade of \nofficer or warrant officer. [Cases: Armed Services \n21.] -Also termed enlisted man. \nenlistment, n. (ISc) Voluntary entry into a branch of \nthe armed services. [Cases: Armed Services \nenlist, vb. \nen masse (en mas). [French] (ISc) In a mass; in a large \ngroup all at once; all together. \nen mort mayne (en mort mayn). [French \"in dead hand\"] \nIn mortmain. See MORTMAIN. \nEnoch Arden law (ee-n.:>k ahrd-.:>n). (1923) A statute that \ngrants a divorce or an exemption from liability so that \na person can remarry when his or her spouse has been \nabsent without explanation for a speclfied number of \nyears (usu. five or seven). This type oflaw is named \nafter a Tennyson poem, in which the eponymous hero, \nhaving been shipwrecked for years on a desert island, \nreturns home to find that his wife has remarried. He \nselflessly conceals his identity from her so that she can \nremain with her new husband. -Also spelled Enoc \nArden law. See presumptive death under DEATH; ABAN\nCf. SEVEN-YEARS' ABSENCE RULE. [Cases: \nDivorce Marriage n.] \nenorm (i-norm), adj. (ISc) Hist. (Of a crime or other \nwrong) monstrously wicked. \nenormia (i-nor-mee-.:, n. [Latin] Common-law pleading. \nUnlawful or wrongful acts; wrongs . This word, \nesp. as part of the phrase et alia enormia (\"and other \noutrages\"), appeared regularly in writs and declara\ntions oftrespass. \nenorm lesion (i-norm lee-zh.:>n). See LAESIO ENORMIS. \nenormous, adj. Aggravated; excessively large <enormous \ncrimes>. \nen owel main (en ow-al mayn). [Law French] In equal \nhand. \nenpleet (en-pleet), vb. Hist. See IMPLEAD. \nenquete (on-ket), n. [French] Eccles. law. An examina\ntion of witnesses (taken down in writing) by or before \nan authorized judge for the purpose of gathering testimony to be used in a trial. Also termed enque$t \n(on[g]-kwes[t]). \nen recouvrement (on ray-koo-vr.:>-mon). [French \"for \npurpose of recovery\"] French law. An indorsement on \na bill ofexchange that does not transfer the property in \nthe bill of exchange but merely gives the indorsee the \nauthority to recover the amount ofthe bilL \nenregistrement (on-ray-zhees-tr.:>-mon), n. [French] \nFrench law. Registration. _ This formality is performed \nby a clerk who inscribes a government register with a \nsummary analysis of a deed or other document. The \nclerk then puts a stamped or sealed note on the deed \nor document, indicating the date on which it was reg\nistered. \nenrichment. (l7c) The receipt of a benefit. Cf. U:'>IJUST \nENRICHMENT. \nenroll, vb. (I4c) 1. To register or transcribe (a legal \ndocument, as a deed) into an official record on execu\ntion. -Formerly also spelled inroll. 2. To prepare (a bill \npassed by the legislature) for the executive's signature. \nCf. ENGROSS. [Cases: Statutes \nenrolled, adj. Registered; recorded. \nenrolled agent. One who, though neither a certified \npublic accountant nor an attorney, has been admitted \nto practice before the IRS, either by passing an exami\nnation or by working for the IRS in a technical area for \nat least five years. The enrolled agent is one of four \ntypes ofpersons who are allowed to practice before the \nIRS, the other three being attorneys, certified public \naccountants, and persons who are admitted to repre\nsent either themselves or others in a particular case. \n[Cases: Internal Revenue ~~4444.1 \nenrolled bill. See BILL (3). \nenrolled-bill rule. (1914) The conclusive presumption \nthat a statute, once formalized, appears precisely as the \nlegislature intended, thereby preventing any challenge \nto the drafting ofthe bill. [Cases: Statutes <::=,283(2).] \n\"Under the 'enrolled bill rule,' an enrolled bill, properly \nauthenticated and approved by the governor, is conclusive \nas to regularity of its enactment. Ordinarily, the courts will \nnot go behind the enrolled bill to determine its validity. \nThe supreme court can look behind the enrolled bill only \nto determine whether the constitutional mandate relative \nto vote and journal entry upon the final passage have been \ncomplied with.\" National Conference of State Legislatures, \nMason's Manual of Legislative Procedure  702, at 497 \n(2000). \nenrollment, n. The act of recording or registering. \nAlso spelled (archaically) inrollment. \nenrollment of vessels. Maritime law. The recording "}
{"text": "registering. \nAlso spelled (archaically) inrollment. \nenrollment of vessels. Maritime law. The recording \nand certification of vessels used in coastal or inland \nnavigation, as distinguished from the \"registration\" of \nvessels used in foreign commerce . Enrollment and \nregistry are used to distinguish certificates granted \nto two classes of vessels. Enrollment evidences the \nnational character of a vessel engaged in coasting \ntrade or home traffic; registry is used to declare the \nnationality of a vessel engaged in foreign trade. Cf. \nREGISTRY (2). [Cases: Shipping ~J6.] \n\n611 \nEnrollment Office. Hist. A department of the Court of \nChancery responsible for storing enrolled deeds and \njudgments. The Enrollment Office was abolished in \n1879; its duties were transferred to the Central Office. \nen route (en or on root). [French] On the way; in the \ncourse oftransportation or travel. \nenschedule, vb. Archaic. To insert in a list, account, or \nwriting. \nenseal, vb. Archaic. To seal (a document). \nenserver (en-s;)r-v;:Jr), vb. French] To make subject \nto a service or servitude. \nens legis (enz lee-jis). [Law Latin] A creature of the law; \nan artificial being as opposed to a natural person. -The \nterm describes an entity, such as a corporation, that \nderives its existence entirely from the law. \nentail, n. (14c) A fee abridged or limited to the owner's \nissue or class of issue rather than descending to all \nthe heirs. See BARRING OF ENTAIL; FEE TAIL. -Also \ntermed (in Scots law) tailzie. [Cases: Estates in Property \n-entailable, adj. \n\"Entail is fee entailed, viz; abridged, limited, and tied to \ncertain conditions at the will of the donor; where lands \nare given to, or settled on others.\" The Pocket Lawyer and \nFamily Conveyancer 97 (3d ed. 1833). \nquasi-entail. An estate pur autre vie that is granted \nto a person and the heirs of the person's body. \nThe interest so granted is not properly an estate-tail \n(because it is not granted by inheritance), but it is \nsimilar enough that the interest will go to the heir \nof the body as special occupant during the life of the \ncestui que vie, in the same manner as an estate of \ninheritance would descend iflimited to the grantee \nand the heirs ofhis body. \nentail, vb. (l4c) 1. To make necessary; to involve <respond\ning to this onerous discovery will entail countless hours \nof work>. 2. To limit the inheritance of (an estate) to \nonly the owner's issue or class of issue, so that none of \nthe heirs can transfer the estate <the grantor entailed \nthe property through a so-called \"tail female\">. See FEE \nTAIL. [Cases: Wills (:';::~.)604.] -entailable, adj. \nentailed, adj. Settled or limited to specified heirs or in \ntail <entailed gifts>. \nentailed estate. See FEE TAIL. \nentailed interest. See INTEREST (2). \nentailment, n. 1. The act of entailing an estate. 2. An \nestate so entailed. \nentencion (en-ten-sh~n), n. [Law French] Hist. A plain\ntiff's count or declaration. \nentendment. Archaic. See INTENDMENT. \nentente (ahn-tahnt). [French \"intent, understanding\"] \n(19c) Int'llaw. 1. An understanding that two or more \nnations have for carrying out a common policy or \ncourse ofaction. An entente is looser than an alliance \nbut stronger than the nations' merely haVing good rela\ntions. 2. The nations having such an understanding. Cf. \nALLIANCE; DETENTE. enticement \nenter, vb. (13c) 1. To come or go into; esp., to go onto \n(real property) by right of entry so as to take posses\nsion <the landlord entered the defaulting tenant's \npremises>. 2. To put formally before a court or on the \nrecord <the defendant entered a plea of no contest>. \n3. To become a party to <they entered into an agree\nment>. See ENTRY. \nenterceur (en-t~r-S<lr), n. [Law French) A party claiming \ngoods; one who has placed goods in the hands of a third \nparty. \nenterpleder. Archaic. See INTERPLEADER (1). \nenterprise, n. (lSc) 1. An organization or venture, esp. \nfor business purposes. \ngovernmental enterprise. An enterprise undertaken \nby a governmental body, such as a parks department \nthat creates a public park. Also termedgovernrnent \nenterprise. \n2. Under federal anti-racketeering law, an individual, \npartnership, corporation, association, union, other \nlegal entity, or group of individuals associated in fact, \nalthough not a legal entity . The enterprise must be \nongoing and must exist as an entity separate from the \nallegedly illegal activity that it engages in. 18 USCA  \n1961(4). See RACKETEER INFLUENCED AND CORRUPT \nORGANIZATIONS ACT. [Cases: Racketeer Influenced \nand Corrupt Organizations C=:>33.] 3. One or more \npersons or organizations that have related activities, \nunified operation or common control, and a common \nbusiness purpose . Under the Fair Labor Standards \nAct, an employee who is employed by an enterprise is \nentitled to minimum-wage and overtime benefits. 29 \nUSCA  201 et seq. \nenterprise goodwill. See GOODWILL. \nenterprise liability. See LIABILITY. \nenterprise organization. See BUSINESS ENTERPRISES. \nenterprise value. See VALUE (2) \nentertain, vb. (ISc) 1. To bear in mind or consider; esp., \nto give judicial consideration to <the court then enter\ntained motions for continuance>. 2. To amuse or please. \n3. To receive (a person) as a guest or provide hospitality \nto (a person). 4. Parliamentary law. To recognize and \nstate (a motion); to receive and take into consideration \n<the chair will entertain the motion>. \nentertainment expense. See EXPENSE. \nentertainment law. (I953) The field of law dealing \nwith the legal and business issues in the entertain\nment industry (such as film, music, and theater), and \ninvolving the representation of artists and producers, \nthe negotiation of contracts, and the protection of intel\nlectual-property rights. \nentice, vb. (14c) To lure or induce; esp., to wrongfully \nsolicit (a person) to do something. \nenticement, n. (l4c) 1. The act or an instance of wrong\nfully soliciting or luring a person to do something. 2. \nHist. The tort of inducing a man's wife to leave him \n\n612 enticement of a child \nor to remain away from him against his will. [Cases: \nSeduction (;=1-26.] \nenticement ofa child. Criminal law. The act or offense \nof inviting, persuading, or attempting to persuade a \nchild to enter a vehicle, building, room, or secluded \nplace with the intent of committing an unlawful sexual \nact against the child. -Often shortened to enticement. \n[Cases: Infants (;=13.] \nenticement of a parent. Rare. Torts. The tortious inter\nference with a child's rights and interests in maintain-\nthe parent-child relationship, usu. caused by a third \nperson who induces a parent to abandon the child . \nActions based on enticement, where they are recog\nnized, are rarely successful because many states do not \nrecognize a child's legal right to a parent's consortium \nor affection. \nentire, adj. 1. Whole; complete in all its parts. 2. Not \ndivisible into parts. \nentire-agreement clause. (1960) 1. INTEGRATION CLAUSE. \n2. A provision in an insurance contract stating that the \nentire agreement between the insured and insurer is \ncontained in the contract, often including the appli\ncation (if attached), declarations, insuring agreement, \nexclusions, conditions, and endorsements. -Also \ntermed entire-contract clause. [Cases: Insurance \n1838, 1856.] \nentire benefit. See entire use under USE (4). \nentire blood. Seefull blood under BLOOD. \nentire-contract clause. See ENTIRE-AGREEMENT \nCLAUSE. \nentire-controversy doctrine. (1970) The principle that a \nplaintiff or defendant who does not assert all claims or \ndefenses related to the controversy in a legal proceed\ning is not entitled to assert those claims or defenses in \na later proceeding. Also termed single-controversy \ndoctrine. Cf. compulsory counterclaim under COUN\nTERCLAIM; RES JUDICATA (2). [Cases: Action \nJudgment (;=591.] \nentire day. See DAY. \nentire interest. See INTEREST (2). \nentire-output contract. See output contract under \nCONTRACT. \nentire tenancy. See TENANCY. \nentirety (en-tI-af-tee). (l6c) 1. lhe whole, as opposed to \na moiety or part. 2. Something (such as certain judg\nments and contracts) that the law considers incapable \nof being divided into parts. \nentirety, tenancy by the. See estate by entirety under \nESTATE (1). \nentirety clause. Oil & gas. A mineral-lease or deed pro\nvision specifying that royalties must be apportioned if \nthe property is subdivided after the lease is granted . \nFor the lessee, the clause makes it clear that the lessee's \nduties will increase if the lessor transfers a part of the \nleased premises. For the lessor, the clause avoids the nonapportionment rule. [Cases: Mines and Minerals \n<::::=>79.1(3).] \nentire use. See USE (4). \nentitle, vb. (14c) l. To grant a legal right to or qualify \nfor. 2. Eccles. law. To ordain as a minister. Formerly \nalso spelled intitle. \nentitlement. (19c) An absolute right to a (usu. monetary) \nbenefit, such as social security, granted immediately \nupon meeting a legal requirement. lCases: Social \nSecurity and Public Welfare (;=4.10.] \nentitlement program. A government program guaran\nteeing certain benefits, such as financial aid or gov\nernment-provided services, to people or entities that \nmeet the criteria set by law. Some examples of enti\ntlement programs are unemployment benefits, Social \nSecurity, food stamps, and agricultural price-support \nplans. Qualified beneficiaries have an enforceable right \nto participate in the programs. [Cases: Social Security \nand Public Welfare ~~4.1O.1 \nentity. An organization (such as a business or a gov\nernmental unit) that has a legal identity apart from its \nmembers or owners. \ncorporate entity. A corporation's status as an organiza\ntion existing independently of its shareholders . As \na separate entity, a corporation can, in its own name, \nsue and be sued, lend and borrow money, and buy, \nsell, lease, and mortgage property. lCases: Corpora\ntions C:\") 1.3.) \npublic entity. A governmental entity, such as a state \ngovernment or one of its political subdivisions. \nentity assumption. (1972) The presumption that a \nbusiness is a unit separate from its owners and from \nother firms. \nentity theory of partnership. (1916) The theory that a \npartnership is an entity with a legal existence apart \nfrom the partners who make it up . Under the Uniform \nPartnership Act, \"[a] partnership is an entity distinct \nfrom its partners.\" UPA  201 (1994). Cf. AGGREGATE \nTHEORY OF PARTNERSHIP. [Cases: Partnership (;= \n63.J \nentrapmeut, n. (1899) l. A law-enforcement officer's or \ngovernment agent's inducement ofa person to commit \na crime, by means of fraud or undue persuasion, in an \nattempt to later bring a criminal prosecution against \nthat person. [Cases: Criminal Law 2. The \naffirmative defense of having been so induced . To \nestablish entrapment (in most states), the defendant \nmust show that he or she would not have committed \nthe crime but for the fraud or undue persuasion. \nentrap, vb. \n\"Entrapment, so-called, is a relatively simple and very \ndesirable concept which was unfortunately misnamed, \nwith some reSUlting confusion. It is socially desirable for \ncriminals to be apprehended and brought to justice. And \nthere is nothing whatever wrong or out of place in setting \ntraps for those bent on crime, provided the traps are not \nso arranged as likely to result in offenses by persons other \nthan those who are ready to commit them. What the State \ncannot tolerate is having crime instigated by its officers \n\n613 entry on the roll \nwho are charged with the duty of enforcing the law .... \nObviously 'entrapment' is not the appropriate word to \nexpress the idea of official investigation of crime, but it is \nso firmly entrenched that it seems wiser to accept it with \ndue explanation than attempt to supplant it ....\" Rollin \nM. Perkins & Ronald N. Boyce, Criminal Law 1161 (3d ed. \n1982). \nderivative entrapment. Entrapment in which the \ngovernment uses a private person, acting either as \nan agent of the government or as an unwitting par\nticipant, to induce the subject of the entrapment to \ncommit a crime. [Cases: Criminal LawC=>37(5).] \nobjective entrapment. Entrapment as judged by \nfocusing on egregious law-enforcement conduct, not \non the defendant's predisposition. [Cases: Criminal \nLaw C=>37(2.l).] \nsentencing entrapment. Entrapment of a defendant \nwho is predisposed to commit a lesser offense but \nwho is unlawfully induced to commit a more serious \noffense that carries a more severe sentence. -Also \ntermed sentence-factor manipulation. \nentrebat (on-trd-ba), n. [Law French] An intruder or \ninterloper. \nentrepOt (on-trd-poh), n. [French] (18c) French law. A \nbuilding or place where goods"}
{"text": "t (on-trd-poh), n. [French] (18c) French law. A \nbuilding or place where goods from abroad may be \ndeposited and from which those goods may then be \nexported to another country without paying a duty. \nentrepreneur (on-trd-prd-n;)r or -noor), n. (l9c) One \nwho initiates and assumes the financial risks of a new \nenterprise and who usu. undertakes its management. \nentrepreneurial rights. See NEIGHBORING RIGHTS. \nentrust, vb. (l6c) To give (a person) the responsibility \nfor something, usu. after establishing a confidential \nrelationship. -Also spelled (archaically) intrust. See \nNEGLIGENT ENTRUSTMENT. -entrustment, n. \nentrusting, n. Commercial law. The transfer of posses\nsion ofgoods to a merchant who deals in goods of that \ntype and who may in turn transfer the goods and all \nrights to them to a purchaser in the ordinary course \nof business. UCC  2-403(2). [Cases: Sales C=>234(7).] \nentry, n. (Bc) 1. The act, right, or privilege of entering real \nproperty <they were given entry into the stadium>. \nforcible entry. See FORCIBLE ENTRY. \nlawful entry. (17c) 1. The entry onto real property by \na person not in possession, under a claim or color \nof right, and without force or fraud. 2. The entry \nof premises under a search warrant. See SEARCH \nWARRANT. \nopen entry. (l8c) A conspicuous entry onto real \nproperty to take possession; an entry that is neither \nclandestine nor carried out by secret artifice or strata\ngem and that (by law in some states) is accomplished \nin the presence oftwo witnesses. \nreentry. See REENTRY. \nunlawful entry. (l7c) 1. The crime ofentering another's \nreal property, by fraud or other illegal means, without \nthe owner's consent. Cf. TRESPASS (1). 2. An alien's crossing of a border into a country without proper \ndocuments. [Cases: Aliens, Immigration, and Citi\nzenship C=>771.] \n2. An item written in a record; a notation <Forney \nmade a false entry in the books on March 3>. \nblind entry. An accounting entry that indicates only \nthe debited and credited amounts without any expla\nnation. \ncompound journal entry. A journal entry requiring \nmore than one debit and credit (as when revenue is \nreceived partly in cash and partly in securities). \njournal entry. An entry in an accounting journal of \nequal debits and credits, with occasional explanations \nof the recorded transactions. \n3. The placement of something before the court or on \nthe record. 4. Copyright. The deposit of a title of work \nwith the Register of Copyrights to secure its protec\ntion. [Cases: Copyrights and Intellectual PropertyC=> \n50.10.] 5. Immigration. Any entrance of an alien into \nthe United States, whether voluntary or involuntary. \n[Cases: Aliens, Immigration, and Citizenship C=>220, \n251, 771.] 6. Criminal law. The unlawful coming into \na building to commit a crime. [Cases: Burglary C=> \n9(2).] \nentry, right of. See POWER OF TERMINATION. \nentry, writ of. See WRIT OF ENTRY. \nentry ad communem legem (ad b-myoo-ndm lee-jdm). \n[Latin] Hist. 1. Entry at common law. 2. AD COMMUNEM \nLEGEM. \nentry ad terminum qui praeteriit (ad t;)r-md-ndm kWI \npri-ter-ee-it). See AD TERMINUM QUI PRAETERIIT. \nentry fiction. The assumption, for purposes ofimmigra\ntion and deportation proceedings, that an excludable \nalien is to be treated as ifdetained at the border despite \nhis or her physical presence in the United States. \nentry for marriage in speech. See causa matrimonii \npraelocuti under CAUSA (1). \nentry in casu consimili (en-tree in kay-s[y]oo kdn-sim\nd-lr). [Latin] See CASU CONSIMILI. \nentryman (en-tree-mdn), n. Archaic. A person who \nenters public land and stakes a claim with the inten\ntion ofsettling. \nentry ofjudgment. (l7c) The ministerial recording of a \ncourt's final decision, usu. by noting it in a judgment \nbook or civil docket. Cf. RENDITION OF JUDGMENT. \n[Cases: Federal Civil Procedure C=>262l; Judgment \nC=>270-284.] \nentry on the roll. Hist. 1. A clerk's notation on a parch\nment roll of the proceedings and issues in a particular \ncase. Before parties began submitting written plead\nings, they would appear (in person or through counsel) \nin open court and state their respective contentions \norally until they settled on the issue or precise point in \ndispute. During the progress of these oral statements, \nan appointed officer of the court would make minutes \nof the various proceedings on a parchment roll that \n\nthen became the official record of the suit. Even after \nthe practice of oral pleadings had fallen into disuse, \nproceedings continued to be entered \"on the roll.\" This \npractice was abolished early in the 19th century. 2. A \nfuture interest created in a transferor who conveys an \nestate on condition subsequent. \nenumerate (i-n[y]oo-m<J-rayt), vb. To count off or deSig\nnate one by one; to list. -enumeration, n. \nenumerated motion. See MOTION (1). \nenumerated power. See POWER (3). \nenumerator. A person appointed to collect census papers \nor schedules. \nenunciate (i-nelll-see-ayt), vb. (17c) 1. To state publicly; \nto announce or proclaim <the court enunciated a \nnew doctrine yesterday>. 2. To articulate or pro\nnounce <enunciate your syllables more clearly when \nyou speak>. enunciation, n. -enunciable, adj. \nenunciator, n. \nenure. See INURE. \nen ventre sa mere (on von-tr<l sa mair). [Law French \"in \nutero\"] (18c)(Of a fetus) in the mother's womb <child \nen ventre sa mere>. _ This phrase refers to an unborn \nchild, usu. in the context ofa discussion of that child's \nrights. If the child is en ventre sa mere at the time of a \ndecedent's death and is subsequently born alive, the \nchild is treated as haVing been in existence at the time \nofthe decedent's death for purposes ofinheritance. \nAlso spelled in ventre sa mere. See VENTER. \n\"An infant in ventre sa mere, or in the mother's womb, is \nsupposed in law to be born for many purposes.\" 1 William \nBlackstone, Commentaries on the Laws of Eng/and 126 \n(1765). \nen vie (on vee). [Law French \"in life\"] Alive. \nenvironmental audit. See AUDIT. \nenvironmental crime. (1972) Environmental law. A \nstatutory offense involving harm to the environment, \nsuch as a violation of the criminal provisions in the \nClean Air Act Amendments of 1970, the Federal Water \nPollution Control Act of 1972 (commonly called the \nClean Water Act), or the Endangered Species Act of \n1973. -Although the most Significant environmental\ncrime statutes were passed in the 19705, they date back \nto the late 19th century, with statutes such as the Pure \nFood and Drug Act of 1896 and the assorted statutes \nthat ultimately became the Rivers and Harbors Act of \n1899. -Also termed crime against the environment. \nenvironmental Criminology. See CRIMINOLOGY. \nenvironmental effect. (1967) Environmental law. \nA natural or artificial disturbance of the phYSical, \nchemical, or biological components that make up the \nenvironment. \nenvironmental-impact statement. (1971) Environmental \nlaw. 1. A document that the National Environmental \nPolicy Act (42 USCA  4332(2)(c requires a federal \nagency to produce for a major project or legislative \nproposal so that better decisions can be made about \nthe positive and negative environmental effects of an undertaking. 2. In some states, a public document \nused by a government agency to analyze the significant \nenvironmental effects ofa proposed project, to identify \nalternatives, and to disclose possible ways to reduce or \navoid possible environmental damage. Abbr. EIS. \nAlso termed environmental-impact report (EIR). [Cases: \nEnvironmental Law 0571-615.] \nenvironmental law. (1971) The field oflaw dealing with \nthe maintenance and protection of the environment, \nincluding preventive measures such as the require\nments of environmental-impact statements, as well \nas measures to assign liability and provide cleanup \nfor incidents that harm the environment. -Because \nmost environmental litigation involves disputes with \ngovernmental agencies, environmental law is heavily \nintertwined with administrative law. [Cases: Environ\nmental Law \nEnvironmental Protection Agency. An independent \nfederal agency in the executive branch responsible for \nsetting pollution-control standards in the areas ofair, \nwater, solid waste, pesticides, radiation, and toxic mate\nrials; enforcing laws enacted to protect the environ\nment; and coordinating the antipollution efforts of state \nand local governments. _ The commission was created \nby Reorganization Plan No.3 of 1970. Abbr. EPA. \n[Cases: Environmental Law 015.] \nenvironmental terrorism. See ecoterrorism under TER\nRORISM. \nenvironmental tort. See TORT. \nenviroterrorism. See ecoterrorism under TERRORISM. \nenvoy (en-voy). (17c) 1. A high-ranking diplomat sent to a \nforeign country to execute a special mission or to serve \nas a permanent diplomatic representative. Formerly \nalso termed envoy extraordinary. 2. A messenger or \nrepresentative. \nenvoy extraordinary. Int'llaw. 1. A person who heads \na legation rather than an embassy. -In current usage, \nthe term is honorific and has no special significance. \n2. Hist. ENVOY (1). \nenvoy plenipotentiary. See ambassador plenipotentiary \nunder AMBASSADOR. \neo die (ee-oh dI-ee). [Latin] On that day; on the same \nday. \nEOE. abbr. 1. See equal-opportunity employer under \nEMPLOYER. 2. Errors and omissions excepted. -This \nphrase is sometimes appended to an account stated to \nallow for slight errors. See errors-and-omissions insur\nance under INSURANCE. \neo instante (ee-oh in-stan-tee). [Latin] At that very \ninstant. -Also spelled eo instanti. \neo intuitu (ee-oh in-t[y]oO-<l-too). [Latin] With or in that \nview; with that intent or object. \neo ipso (ee-oh ip-soh). [Latin] By that very act. \neo loci (ee-oh loh-sl). [Latin] In that state; in that con\ndition. \n\neo loco (ee-oh loh-koh). [Latin] 1. In that place. 2. In that \nstate; in that condition. \nE.O.M. abbr. End ofmonth. This appears as a payment \nterm in some sales contracts. \neo nomine (ee-oh nahm-;J-nee). [Latin] (17c) By or in that \nname <interest eo nomine>. \nEPA. abbr. ENVIRONMENTAL PROTECTION AGENCY. \nEPC. abbr. 1. EUROPEAN PATENT CONVENTION. 2. Engi\nneering, procurement, and construction. See engineer\ning, procurement, and construction contract under \nCONTRACT. \nEPC contract. See engineering, procurement, and con\nstruction contract under CONTRACT. \nephemeral recording. Copyright. A temporary copy of \na work that may be created and used by a broadcaster \nunder a license or under a statutory exemption that \nwaives the need to obtain the copyright owner's per\nmission. A broadcaster must still pay royalties, and \nusu. must destroy the ephemeral recording within a \nstatutorily defined time after creation or use. [Cases: \nCopyrights and Intellectual Property ~67.2.] \ne pili ana (ay pee-lee ah-nah). [Hawaiian] Adjoining . \nThis term usu. refers to land that adjoins a stream. \nepimenia (ep-;J-mee-nee-;J), n. pl. [Latin] Expenses; \ngifts. \nepiqueya (ep-ee-kay-ah), n. [Spanish] Spanish law. An \nequitable principle calling for the benign and prudent \ninterpretation ofthe law according to the circumstances \nof the time, place, and person. \nepiscopacy (i-pis-b-p;J-see), n. (17c) Eccles. law. 1. The \noffice of a bishop. 2. A form of church government by \nbishops. 3. An office ofoverlooking or overseeing. \nepiscopalia (i-pis-b-pay-lee-;J), n. pl. (19c) Eccles. law. \nSynodals, pentecostals, and other customary payments \nfrom the clergy to their diocesan bishop, collected by \nrural deans and forwarded to the bishop. \nepiscopate (i-pis-b-pit), n. (17c) Eccles. law. 1. A bish\nopric. 2. The dignity or office ofa bishop. \nepiscoporum ecdicus (i-pis-k;J-por-;Jm ek-di-k;Js). [Latin] \nEccles. law. A bishop's proctor; a church lawyer. \nepiscopus (i-pis-b-p;Js), n. [Latin fro Greek] 1. Roman \nlaw. An overseer; an inspector, such as the municipal \nofficer responsible for oversight of the bread and other \nprovisions that served as the citizens' daily food. 2. A \nbishop. \nepiscopus puerorum (i-pis-b-p;JS pyoo-;Jr-or-;Jm). \n[Latin \"bishop ofthe boys\"] Hist. Eccles"}
{"text": "p;JS pyoo-;Jr-or-;Jm). \n[Latin \"bishop ofthe boys\"] Hist. Eccles. law. A layper\nson who would, on certain feasts, braid his hair, dress \nlike a bishop, and act ludicrous . This English custom \noutlasted several laws passed to abolish it. \nepisodic criminal. See CRIMINAL. \nepistle (ee-pis-;Jl), n. (13c) Roman & Civil law. A rescript \nreplying to a magistrate or official body. See RESCRIPT \n(3). epistola (i-pis-t;J-l;J), n. [Latin \"letter\"] Hist. A charter; \na written instrument to convey lands or to assure con\ntracts. See ASSURANCE. -Also spelled epistula. \nepistulae (i-pis-tyoo-lee), n. pl. [Latin \"letters\"] Roman \nlaw. 1. Rescripts; esp., opinions given by the emperors \nin cases submitted to them for decision. 2. Opinions \nofjuris consulti, such as N eratius, on questions oflaw \nin the form ofletters to those consulting them. -Also \nspelled epistolae. \nEPL insurance. See employment-practices liability insur\nance under INSURANCE. \ne pluribus unum (ee ploor-;J-b;Js ly]oo-n;Jm). [Latin] One \nout of many. This is the motto on the official seal of \nthe United States and on several U.S. coins. \nEPa. abbr. 1. See emergency protective order under PRO\nTECTIVE ORDER. 2. EUROPEAN PATENT OFFICE. \nepoch (ep-;Jk), n. 1. A period oftime marked by distinc\ntive features or noteworthy events. 2. A time when a \nnew computation is begun; a time from which memo\nrable dates are counted. -epochal (ep-;J-bl), adj. \nEPR. abbr. EMERGENCY PREPAREDNESS AND RESPONSE \nDIRECTORATE. \nEPS. abbr. EARNINGS PER SHARE. \nEqual Access Act of 1984. A federal law that prohibits \nschool districts receiving federal funds and allowing \nextracurricular activities to be held in its facilities from \ndenying secondary-school students the right to meet for \nreligious and other purposes in public-school facilities. \n20 USCA  4071.  The constitutionality ofthe Act was \nupheld in Board ofEducation ofWestside Community \nSchools V. Mergens, 496 U.S. 226, 110 S.Ct. 2356 (1990). \n[Cases: Schools ~72.] \nequal-access rule. (1989) Criminal law. The doctrine that \ncontraband found on a defendant's premises will not \nsupport a conviction if other persons have the same \naccess to the premises as the defendant. To invoke \nthis defense successfully, the defendant must show \nthat other persons did in fact have equal access to the \npremises; speculative evidence that trespassers might \nhave come onto the premises will not bar a conviction. \n[Cases: Controlled Substances ~30.] \nEqual Access to Justice Act. A 1980 federal statute that \nallows a prevailing party in certain actions against \nthe government to recover attorney's fees and expert\nwitness fees. Pub. L. No. 96-481, title II, 94 Stat. 2325 \n(codified as amended in scattered sections of5, 15, and \n28 USCA). -Abbr. EAJA. [Cases: United States ~ \n147.] \nequal and uniform taxation. See TAXATION. \nEqual Credit Opportunity Act. A federal statute that \nprohibits creditors from discriminating against credit \napplicants on the basis ofrace, color, religion, national \norigin, age, sex, or marital status with respect to any \naspect of a credit transaction. 15 USCA  1691(a)\n(f). -Abbr. ECOA. [Cases: Consumer Credit ~31.] \nequal degree. See DEGREE. \n\n616 equal-dignities rule \nequal-dignities rule. Agency. The doctrine that an agent \ncan perform all acts requiring a writing signed by the \nprincipal only if the agent's authority is set forth in a \nwriting. This rule is an adjunct to the statute of frauds \nand applies when one or more of the signatories to a \ncontract acted through an agent. lCases: Principal and \nAgent Cr'--:;) 12.] \nEqual Employment Opportunity Commission. An \nindependent federal commission that investigates \nclaims of employment discrimination based on race, \ncolor, religion, sex, national origin, or age and enforces \nantidiscrimination statutes through lawsuits. -It was \ncreated by Title VII of the Civil Rights Act of 1964. \nThe EEOC encourages mediation and other nonli\ntigious means of resolving employment disputes. A \nclaimant must file a charge of discrimination with \nthe EEOC before pursuing a claim under Title VII of \nthe Civil Rights Act and certain other employment\nrelated statutes. Abbr. EEOC. [Cases: Civil Rights \n(;:::::> 1503.] \nequa1-footing doctrine. (I 949) The principle that a state \nadmitted to the Union after 1789 enters with the same \nrights, sovereignty, and jurisdiction within its borders \nas did the original 13 states. \nequality. (l5c) The quality or state of being equal; esp., \nlikeness in power or political status. See EQUAL PRO\nTECTION. \n\"We need not repeat the burning irony of Anatole France: \n'The law in its majesty draws no distinction but forbids rich \nand poor alike from begging in the streets or from sleeping \nin the public parks.' Equality is meaningless under unequal \nconditions.\" Morris R. Cohen, Reason and Law 101 (1961). \npolitical equality. The sharing ofgovernmental deci\nsions in such a way that, in the setting ofgovernmen\ntal policies, the preference ofeach citizen is assigned \nan equal value, \nequality before the law. (18c) The status or condition of \nbeing treated fairly according to regularly established \nnorms ofjustice; esp., in British constitutional law, the \nnotion that all persons are subject to the ordinary law of \nthe land administered by the ordinary law courts, that \nofficials and others are not exempt from the general \nduty of obedience to the law, that discretionary gov\nernmental powers must not be abused, and that the \ntask ofsuperintending the operation of law rests with \nan impartial, independent judiciary. \n\"A number of distinct meanings are normally given to the \nprovision that there should be equality before the law. \nOne meaning is that equality before the law only connotes \nthe equal subjection of all to a common system of law, \nwhatever its content.... A second theory asserts that \nequality before the law is basically a procedural concept, \npertaining to the application and enforcement of laws and \nthe operation of the legal system .... A third meaning \nnormally borne by declarations that all are equal before \nthe law, perhaps no more than a variant of the second, is \nthat State and individual before the law should be equal.\" \nPolyvios G. Polyviou, The Equal Protection of the Laws 1-2 \n(1980). \nequality of states. Int'llaw. The doctrine that all fully \nindependent nations are equal under international law. _ This doctrine does not, ofcourse, mean that all \nnations are equal in power or influence, but merely that, \nas nations, they all have the same legal rights. \nequalization, n. (lSc) 1. The raising or lowering of \nassessed values to achieve conformity with values in \nsurrounding areas. 2. Tax. The adjustment of an assess\nment or tax to create a rate uniform with another. \nAlso termed equalization oftaxes; fair and proper legal \nassessment. [Cases: Taxation (~;)2621-2634.] \nequalization board. (1875) A local governmental agency \nresponsible for adjusting the tax rates in different dis\ntricts to ensure an equitable distribution of the tax \nburden. Also termed board ofequalization. [Cases: \nTaxation (;:::::>2621-2634.] \nequalization oftaxes. See EQUALIZATION (2). \nequalize, vb. To make equal; to cause to correspond or \nbe the same in amount or degree. \nequal-knowledge rule. Georgia law. The principle that \na complainant who was at least as aware as the defen\ndant of the danger has no grounds for recovery because \nthe consequences could have been readily avoided. Cf. \nSUPERIOR-KNOWLEDGE RULE. [Cases: Negligence \n506(2).] \nequally divided. (I6c) 1. (Of property) apportioned per \ncapita not per stirpes among heirs on the testator's \ndeath. A provision in a will calling for property to \nbe divided \"share and share alike\" has the same effect. \n[Cases: Wills C::>530.] 2. (Of a court, legislature, or \nother group) having the same number ofvotes on each \nside ofan issue Of dispute. \nequal-management rule. The doctrine that each spouse \nalone may manage community property unless the \nlaw provides otherwise. Cf. HEAD-AND-MASTER RULE. \n[Cases: Husband and Wife (,~265.] \nequal-opportunity employer. See EMPLOYER. \nequal-or-superior-knowledge rule. See SGPERIOR\nKNOWLEDGE RULE. \nEqual Pay Act. A federal law mandating that all who \nperform substantially the same work must be paid \nequally. 29 USCA  206. [Cases: Labor and Employ\nment (;:::::>2452.] \nequal protection. (1866) The 14th Amendment guaran\ntee that the government must treat a person or class of \npersons the same as it treats other persons or classes in \nlike circumstances. -In today's constitutional juris\nprudence, equal protection means that legislation that \ndiscriminates must have a rational basis for doing so. \nAnd if the legislation affects a fundamental right (such \nas the right to vote) or involves a suspect classification \n(such as race), it is unconstitutional unless it can with\nstand strict scrutiny. -Also termed equal protection of \nthe laws; equal protection under the law. See RATIONAL\nBASIS TEST; STRICT SCRUTINY. [Cases: Constitutional \nLaw C--:c3000-3833.] \n\"Equal protection does not require that all persons be dealt \nwith identically, but it does require that a distinction made \nhave some relevance to the purpose for which the clas\n\n617 equitable distribution \nsification is made.\" Baxstrom v. Herold, 383 U.S. 107, 111, \n86 S.Ct. 760, 763 (1966). \n\"As in all equal protection cases, ... the crucial question \nis whether there is an appropriate governmental interest \nsuitably furthered by the differential treatment.\" Police \nDep'r v. Mosley, 408 U.S. 92, 95, 92 S.Ct. 2286, 2290 \n(1972). \n\"[Tlhe equal protection principle is exclusively associated \nwith written Constitutions and embodies guarantees of \nequal treatment normally applied not only to the procedural \nenforcement of laws but also to the substantive content of \ntheir provisions. In other words, the equal protection of the \nlaws is invariably treated as a substantive constitutional \nprinciple which demands that laws will only be legitimate \nif they can be described as just and equal.\" Polyvios G. \nPolyviou, The Equal Protection of the Laws 4 (1980). \nEqual Protection Clause. (1899) The 14th Amendment \nprovision requiring the states to give similarly situated \npersons or classes similar treatment under the law. Cf. \nDUE PROCESS CLAUSE. [Cases; Constitutional Law \n3000-3833.J \nequal protection ofthe laws. See EQUAL PROTECTION. \nequal protection under the law. See EQUAL PROTEC\nTION. \nEqual Rights Amendment. A failed constitutional \namendment that, had it been ratified, would have con\nstitutionally prohibited sex-based discrimination . \nCongress passed the Amendment in 1972, but it failed \nin 1982, having been ratified by only 35 ofthe required \n38 states. -Abbr. ERA. \nequal-shares clause. Insurance. A clause requiring an \ninsurer to pay its proportionate share of a claimed \nloss. \nEqual Time Act. A federal law requiring that a broad\ncasting-facility licensee who permits a legally quali\nfied candidate for public office to use the facility for \nbroadcasting must afford an equal opportunity to all \nother candidates for the office. 47 USCA  315. [Cases; \nTelecommunications C= 1153(3).] \nequal-time doctrine. See FAIRNESS DOCTRINE. \neques (ee-kweez), n. [Latin] Hist. A knight. \nequilocus (ee-kw;l-loh-k;:ls), n. [Latin] An equal. \nequinox (ee-kw;l-noks orek-w;:l-noks), n. (14c) One ofthe \ntwo periods of the year when the time from the sun's \nrising to its setting is equal to that from its setting to its \nrising. The vernal equinox is about March 21, and the \nautumnal equinox is about September 22. \nequip, vb. (16c) To furnish for service or against a need \nor exigency; to fit out; to supply with whatever is neces\nsary for efficient action. \nequipment, n. (17c) The articles or implements used for a \nspecific purpose or activity (esp. a business operation). \n Under the UCC, equipment includes goods if(1) the \ngoods are used in or bought for a business enterprise \n(including farming or a profession) or by a debtor that \nis a nonprofit organization or a governmental subdivi\nsion or agency, and (2) the goods are not inventory, \nfarm products, or consumer goods. UCC  9-102(a)(33). \n[Cases; Secured Transactions C=16.J equipment trust. A financing device commonly used by \nrailroads in which a trustee and the railroad together \nbuy equipment from a manufacturer, with the trustee \nproviding most of the purchase price, and the trustee \nthen leases the equipment to the railroad, which pays \na rental fee comprising interest, amortization for serial \nretirement, and the trustee's fee. See"}
{"text": ", which pays \na rental fee comprising interest, amortization for serial \nretirement, and the trustee's fee. See EQt:IPMENT TRUST \nCERTIFICATE; equipment trust bond under BOND (3). \nequipment trust bond. See BOND (3). \nequipment trust certificate. A security, usu. issued by a \nrailroad, to pay tor new equipment . Title to the equip\nment is held by a trustee until the note has been paid \noff. Also termed car trust certificate; trust certificate. \nSee EQUIPMENT TRUST. \nequitable (ek-wi-tiJ-biJl), adj. (I6c) 1. Just; consistent with \nprinciples of justice and right. 2. Existing in equity; \navailable or sustainable by an action in equity, or under \nthe rules and principles ofequity. \nequitable abstention. See ABSTENTION. \nequitable action. See action in equity under ACTION (4). \nequitable-adjustment theory. (1979) The doctrine that \nin settling a federal contract dispute, the contracting \nofficer should make a fair adjustment within a reason\nable time before the contractor has to settle with its \nsubcontractors, suppliers, and other creditors. [Cases; \nUnited States (~:::;>70(20).J \nequitable adoption. See adoption by estoppel under \nADOPTION (1). \nequitable asset. See ASSET. \nequitable assignment. See ASSIGNMENT (2). \nequitable-benefit doctrine. Bankruptcy. The principle \nthat allows a bankruptcy court to grant preferred status \nto claims for service rendered by persons other than \nbankruptcy officers, to the extent that the service ben\nefited the estate, when the person filing the claim acted \nprimarily for the benefit ofthe estate as a whole. [Cases; \nBankruptcy C=;:,2871.] \nequitable construction. See liberal construction under \nCONSTRUCTION. \nequitable conversion. See CONVERSION (1). \nequitable defense. See DEFENSE (1). \nequitable disseisin. See DISSEISIN. \nequitable distribution. (1893) Family law. The division \nof marital property by a court in a divorce proceed\ning, under statutory guidelines that provide for a fair, \nbut not necessarily equal, allocation of the property \nbetween the spouses. With equitable distribution, \nwhen a marriage ends in divorce, property acquired \nduring the marriage is divided equitably between the \nspouses regardless of who holds title to the property . \nThe courts consider many factors in awarding property, \nincluding a spouse's monetary contributions, nonmon\netaryassistance to a spouse's career or earning poten\ntial, the efforts of each spouse during the marriage, and \nthe length of the marriage. The court may take into \naccount the relative earning capacity ofthe spouses \n\nand the fault ofeither spouse. Equitable distribution is \napplied in 47 states (i.e., all the states except California, \nLouisiana, and New Mexico, which are \"equal division\" \ncommunity-property states). -Also termed equitable \ndivision; assignment ofproperty. Cf. TITLE DIVISION; \nCOMMUNITY PROPERTY. [Cases: Divorce C=>248.] \nequitable division. See EQUITABLE DISTRIBUTION. \nequitable doctrine of approximation. See DOCTRINE \nOF APPROXIMATION. \nequitable dower. See equitable jointure under JOINTURE. \nequitable duty. See DUTY (1). \nequitable easement. See EASEMENT. \nequitable ejectment. See EJECTMENT. \nequitable election. See ELECTION (2). \nequitable estate. See ESTATE (1). \nequitable estoppel. See ESTOPPEL. \nequitable foreclosure. See FORECLOSURE. \nequitable fraud. See constructive fraud (1) under \nFRAUD. \nequitable-fund doctrine. See COMMON-FUND DOCT\nRINE. \nequitable indemnity. See INDEMNITY. \nequitable interest. See INTEREST (2). \nequitable jettison. See JETTISON. \nequitable jointure. See JOINTURE. \nequitable levy. See equitable lien under LIEN. \nequitable lien. See LIEN. \nequitable life estate. See ESTATE (1). \nequitable life tenant. See LIFE TENANT. \nequitable mortgage. See MORTGAGE. \nequitable owner. See benefiCial owner (1) under \nOWNER. \nequitable ownersbip. See beneficial ownership (1) under \nOWNERSHIP. \nequitable parent. See PARENT. \nequitable-parent doctrine. Family law. The principle \nthat a spouse who is not the biological parent of a \nchild born or conceived during the marriage may, in a \ndivorce action, be considered the child's natural father \nor mother if (1) the other spouse and the child both \nacknowledge a parent-child relationship, esp. when \nthat other spouse has cooperated in the development \nof this relationship before the divorce action, (2) the \nnonbiologically related spouse wants parental rights, \nand (3) he or she is willing to take on the responsibility \nof paying support,  The doctrine sometimes applies \nto nonspousal partners as well. Very few jurisdictions \napply the doctrine. See Carolee Kvoriak Lezuch, Michi\ngan's Doctrine ofEquitable Parenthood, 45 Wayne L. \nRev. 1529 (1999). Also termed eqUitable-parenthood \ndoctrine. [Cases: Child Custody C=>274; Child Support \nChildren Out-of-Wedlock 1; Parent and \nChild C=> 15.] equitable recoupment. (1878) 1. Tax. A doctrine \nallowing a taxpayer to offset previously overpaid taxes \nagainst current taxes due, even though the taxpayer is \ntime-barred from claiming a refund on the previous \ntaxes. [Cases: Internal Revenue C=>4829.1O.] 2. Tax. A \ndoctrine allowing the government to offset taxes previ\nously uncollected from a taxpayer against the taxpayer's \ncurrent claim for a refund, even though the government \nis time-barred from collecting the previous taxes . In \nboth senses, this type of recoupment can be asserted \nonly if the statute oflimitations has created an ineq\nuitable result. See RECOUPMENT (2). [Cases: Internal \nRevenue C=>4845.] 3. A principle that diminishes a \nparty's right to recover a debt to the extent that the \nparty holds money or property of the debtor to which \nthe party has no right.  This doctrine is ordinarily a \ndefensive remedy going only to mitigation of damages. \nThe doctrine is sometimes applied so that a claim for \na tax refund that is barred by limitations may none\ntheless be recouped against a tax claim of the govern\nment. -Also termed equitable-recoupment doctrine. \nSee SETOFF; RECOUPMENT (3). [Cases: Set-off and Coun\nterclaim \neqnitable relief. See equitable remedy under REMEDY. \nequitable remedy. See REMEDY. \nequitable remuneration. See compulsory license (1) \nunder LICENSE. \nequitable rescission. See RESCISSION. \nequitable-restraint doctrine. See Younger abstention (1) \nunder ABSTENTION. \nequitable reversion. See REVERSION (1). \nequitable right. See RIGHT. \nequitable right to setoff'. (1895) The right to cancel cr05S\ndemands, usu. used by a bank to take from a customer's \ndeposit accounts the amount equal to the customer's \ndebts that have matured and that are owed to that bank. \nSee SETOFF. [Cases: Banks and Banking C=>134; Set-off \nand Counterclaim C=>8. 1 \nequitable seisin. See SEISIN. \nequitable servitude. See restrictive covenant under \nCOVENANT (4). \nequitable subrogation. See legal subrogation under SUB\nROGATION. \nequitable title. See TITLE (2). \nequitable tolling. (1967) 1. The doctrine that the statute \noflimitations will not bar a claim ifthe plaintiff, despite \ndiligent efforts, did not discover the injury until after \nthe limitations period had expired, -Equitable tolling \ndoes not require misconduct by the defendant. [Cases: \nLimitation of Actions C=> 1045.] 2. The doctrine that \nifa plaintiff files a suit first in one court and then refiles \nin another, the statute of limitations does not run while \nthe litigation is pending in the first court if various \nrequirements are met.  Among those requirements \nare (1) timely notice to the defendant; (2) no prejudice \nto the defendant; and (3) reasonable and good-faith \nconduct on the part ofthe plaintiff. \n\nequitable waste. See WASTE (1). \nequity, n. (l4c) 1. Fairness; impartiality; evenhanded \ndealing <the company's policies require managers to \nuse equity in dealing with subordinate employees>. \n2. The body ofprinciples constituting what is fair and \nright; natural law <the concept of \"inalienable rights\" \nreHects the influence of equity on the Declaration of \nIndependence>. \n\"In its popular sense it [equity] is practically equivalent to \nnatural justice. But it would be a mistake to suppose that \nequity, as administered by the Courts, embraces ajurisdic\ntion as wide and extensive as that which would result from \ncarrying into operation all the principles of natural justice. \nThere are many matters of natural justice wholly unpro\nvided for, from the difficulty of framing any general rules \nto meet them, and from the doubtful wisdom of a policy \nof attempting to give a legal sanction to duties of imper\nfect obligation, such as charity, gratitude and kindness. \nA large proportion of natural justice in its Widest sense is \nthus not judicially enforced, but is left to the conscience of \neach individual.\" R.E. Megarry, Snell's Principles of Equity \nI (23d ed. 1947). \n3. The recourse to principles of justice to correct or \nsupplement the law as applied to particular circum\nstances <the judge decided the case by equity because \nthe statute did not fully address the issue>. Also \ntermed natural equity. [Cases: Equity 1.] 4. The \nsystem of law or body of principles originating in \nthe English Court of Chancery and superseding the \ncommon and statute law (together called \"law\" in the \nnarrower sense) when the two conflict <in appealing to \nthe equity of the court, she was appealing to the \"king's \nconscience\">; CHANCERY (2). \n\"Equity is that system ofjustice which was developed in and \nadministered by the High Court of Chancery in England in \nthe exercise of its extraordinary Jurisdiction. This definition \nis rather suggestive than precise; and invites inquiry rather \nthan answers it. This must necessarily be so. Equity, in its \ntechnical and scientific legal sense, means neither natural \njustice nor even all that portion of natural justice which \nis susceptible of being judicially enforced. It has, when \nemployed in the language of English law. a precise, definite \nand limited signification, and is used to denote a system of \njustice which was administered in a particular court the \nnature and extent of which system cannot be defined in a \nsingle sentence, but can be understood and explained only \nby studying the history of that court, and the principles \nupon which it acts. In order to begin to understand what \nequity is, it is necessary to understand what the English \nHigh Court of Chancery was, and how it came to exercise \nwhat is known as its extraordinary jUrisdiction. Every true \ndefinition of equity must, therefore, be, to a greater or \nlesser extent, a history.\" George T. Bispham, The Principles \nofEquity 1-2 Uoseph D. McCoy ed., 11th ed. 1931). \n\"In its technical sense, equity may ... be defined as a \nportion of natural justice which, although of a nature more \nsuitable forjudicial enforcement, was for historical reasons \nnot enforced by the Common Law Courts, an omission \nwhich was supplied by the Court of Chancery. In short, the \nwhole distinction between equity and law is not 50 much \na matter of substance or principle as of form and history.\" \nR.E. Megarry, Snell's Principles ofEquity 2 (23d ed. 1947). \n\"The term 'equity' is an illustration of Mr. Towkington's \nproposition that some words have a legal meaning very \nunlike their ordinary one. In ordinary language 'equity' \nmeans natural justice; but the beginner must get that \nidea out of his head when dealing with the system that \nthe lawyers call equity. Originally, indeed, this system was inspired by ideas of natural justice, and that is why it \nacquired its name; but nowadays equity is no more (and \nno less) natural justice than the common law, and it is in \nfact nothing else than a particular branch of the law of \nEngland. Equity, therefore, is law. The student should not \nallow himself to be confused by the lawyer's habit of con\ntrasting 'law' and 'equity,' for in this context 'law' is simply \nan abbreviation for the common law. Equity is law in the \nsense that it is part of the law of England: it is not law only \nin the sense that it is not part of the common law.\" Glanville \nWilliams, Learning the Law 25-26 (llth ed. 1982). \n5. A right, interest, or remedy recognizable by a court of \nequity <there was no formal contract formation, so they \nsued for breach in equity>. [Cases: Equity (;:::::> 1.1 \ncontravening equity (kon-tr<l-veen-ing). (1888) A right \nor interest that is inconsistent with or contrary to a \nright sought to be enforced. \ncountervailing equity (kown-t<lr-vayl-ing). (1824) A \ncontrary and balancing equity, equally deserving of \nconsideration. \nlatent equity (lay-t<lnt). (I8c) An equitable claim or \nright known only by the parties for and against whom \nit exists, or that has been concealed from one who is \ninterested in the subject matter. -Also termed secret \nequity. \nperfect equity. (1821) An equitable title or right that, to \nbe a legal title, lacks only the formal conveyance or \nother investiture that would make it cognizable at law; \nesp., the equity ofa real-estate purchaser who has paid \nthe full amount due but has not yet received a deed. \nsecret equity. See latent equity. \n6. The right to decide matters in equity; equity juris\ndiction <the court decided that the wrong was egre\ngious enough to ignore the statute of"}
{"text": "to decide matters in equity; equity juris\ndiction <the court decided that the wrong was egre\ngious enough to ignore the statute of limitations and \ndecide the case in equity>. [Cases: EquityC=>1.17. The \namount by which the value of or an interest in property \nexceeds secured claims or liens; the difference between \nthe value ofthe property and all encumbrances upon it \n<thanks to the real-estate boom, the mortgaged house \nstill had high equity>. Also termed cushion. \nnegative equity. The difference between the value ofan \nasset and the outstanding amount of the loan secured \nby the asset when the asset's current value is less than \nthe loan's balance. \n8. An ownership interest in property, esp. in a business \n<the founders gave her equity in the business in return \nfor all her help>. See OWNERS' EQUITY; BOOK EQUITY; \nMARKET EQUITY. 9. A share in a publicly traded \ncompany <he did not want to cash in his equity>. \nequity, bill in. See BILL (2). \nequity, court of. See COURT. \nequity accounting method. See ACCOUNTING \nMETHOD. \nequity capital. See CAPITAL. \nequity contra legem (kon-tra lee-jam). lnt'l law. The use \nofequity in derogation ofthe law, where, under the cir\ncumstances of the case, an exception to the law is needed \nto achieve an equitable and just result. Sometimes \n\n620 equity financing \nshortened to contra legem. See EX AEQUO ET BONO. Cf. I right to foreclose on any security held by the creditor \nEQUITY I~TRA LEGEM. \nequity financing. See FINANCING. \nequity insolvency. See INSOLVENCY. \nequity intra legem (in-trCllee-jClm). A court's power to \ninterpret and apply the law to achieve the most equi\ntable result. -Sometimes shortened to intra legem. \nAlso written equity infra legem. Cf. EQUITY CONTRA \nLEGEM. \nequity jurisdiction. See JURISDICTION. \nequity jurisprudence. See JURISPRUDENCE. \nequity kicker. See EQUITY PARTICIPATION. \nequity loan. See home equity loan under LOAN. \nequity ofexoneration (eg-zon-a-ray-shan). The right of \na person who is secondarily liable on a debt to make \nthe primarily liable party discharge the debt or reim\nburse any payment that the secondarily liable person \nhas made . One example is the right ofa surety to call \non the principal for reimbursement after the surety has \npaid the debt. Unlike contribution, which exists when \nthe parties are equally liable, the equity of exonera\ntion exists when parties are successively liable. Also \ntermed right ofexoneration. See EXONERATION. \nequity of partners. The right of each partner to have \nthe firm's property applied to the firm's debts. [Cases: \nPartnership 9179.] \nequity of redemption. Real estate. The right of a mort\ngagor in default to recover property before a foreclosure \nsale by paying the principal, interest, and other costs \nthat are due . A defaulting mortgagor with an equity \nofredemption has the right, until the foreclosure sale, \nto reimburse the mortgagee and cure the default. In \nmany jurisdictions, the mortgagor also has a statutory \nright to redeem within six months after the foreclosure \nsale, and the mortgagor becomes entitled to any surplus \nfrom the sale proceeds above the amount of the out\nstanding mortgage. -Also termed right ofredemption. \nSee CLOG ON THE EQUITY OF REDEMPTION; REDEMP\nTION (4); STATUTORY RIGHT OF REDEMPTION. [Cases: \nMortgages (;==591, 600.] \n\"A mortgage is technically a conveyance of title to property \nas security for a debt. The law courts, with typical tech\nnicality, early adopted the rule that if the debt was not \npaid on the very day it was due, the debtor lost his land. \nThe equity courts, however, with more liberality, and with \nmore of a recognition of the real purpose of the transac\ntion, recognized the fact that the securing of the debt, \nrather than the act of conveyance of title was the principal \nthing giving character to the transaction. Accordingly they \nalleviated the severity of the legal rule by, in effect. giving \nthe land back to the debtor if he would pay the debt, even \nthough it had not been paid on time. This equitable right \nto redeem, even after default in paying the debt when it \nwas due, was called the 'equity of redemption. Charles \nHerman Kinnane, A First Book on AngloAmerican Law 309 \n(2d ed. 1952). \nequity ofsubrogation. (1850) The right ofa person who \nis secondarily liable on a debt, and who pays the debt, to \npersonally enforce any right that the original creditor \ncould have pursued against the debtor, including the and any right that the creditor may have to contribution \nfrom others who are liable for the debt. Also termed \nright ofsubrogation; (in Scots law) right ofrelief See \nSUBROGATION. [Cases: Subrogation 91.] \nequity-of-the-statute rule. (1959) In statutory construc\ntion, the principle that a statute should be interpreted \naccording to the legislators' purpose and intent, even \nif this interpretation goes beyond the literal mean ing \nof the text.  Under this little-used rule, for example, \nif a statute defines jury-tampering to include a party's \n\"giving a juror food or drink,\" the giving ofcigars to a \njuror would also fall within that definition. Cf. GOLDEN \nRULE; MISCHIEF RULE; PLAIN-MEANING RULE. [Cases: \nStatutes C-::;:; 189.] \nequity participation. (1947) The inclusion ofa lender in \nthe equity ownership of a project as a condition of the \nlender's granting a loan. -Also termed equity kicker. \nequity pleading. See PLEADING (2). \nequity praeter legem (pree-tar lee-jClm) The use of \nequity to fill a gap in the law. Sometimes shortened \nto praeter legem. \nequity ratio. 1. The percentage relationship between a \npurchaser's equity value (esp. the amount of a down \npayment) and the property value. 2. The measure of a \nshareholder's equity divided by total equity. \nequity security. See SECURITY. \nequity stock. See STOCK. \nequity term. See TERM (5). \nequity to a settlement. (1838) A wife's equitable right, \narising when her husband sues in equity for the reduc\ntion of her equitable estate to his own possession, to \nhave all or part of that estate settled upon herself and \nher children. Also termed wife's equity; wife's settle\nment. [Cases: Husband and Wife 912.] \nequivalence ofadvantages. See RECIPROCITY (2). \nequivalent, adj. (lSc) 1. Equal in value, force, amount, \neffect, or significance. 2. Corresponding in effect or \nfunction; nearly equal; virtually identical. \nequivalent, n. Patents. An element that (1) existed before \nanother element; (2) can perform the same function as \nthe other element; and (3) is recognizable as a substi\ntute for the other element.  For instance, mechani\ncal devices are equivalents when one skilled in the art \nwould have recognized that each device would produce \nthe same result. If the equivalent is known at the time \nan invention is conceived, the invention's patentability \nmay be questioned. See ANALOG. [Cases: Patents 9 \n237.] \n\"If a given substitute is an equivalent under certain Cir\ncumstances or in certain settings, and is not an equiva\nlent under certain other circumstances or in certain other \nsettings, then the substitution is patentable, provided the \nclaim contains express limitations to the circumstances \nor settings in which the substitution is nonequivalent.\" \nRoger Sherman Hoar, Patent Tactics and the Law 43 (3d \ned. 1950). \nequivalents doctrine. See DOCTRINE OF EQUIVALENTS. \n\n621 \nequivocal (i-kwiv-d-kal), adj. (17c) 1. Of doubtful char\nacter; questionable. 2. Having more than one meaning \nor sense; ambiguous. \nequivocality test (i-kwiv-d-kal-d-tee). See RES IPSA \nLOQUITUR TEST. \nequivocation (i-kwiv-d-kay-shdn). See latent ambiguity \nunder AMBIGUITY. \nequuleus (i-kwoo-lee-ds), n. [Latin] Roman law. A rack \nin the shape ofa horse, used for torture. \nERA. abbr. EQUAL RIGHTS AMENDMENT. \nerase, vb. (l4c) 1. To rub or scrape out (something \nwritten); to obliterate. 2. To obliterate (recorded \nmaterial). 3. To seal (criminal records) from disclo\nsure. [Cases: Criminal Law 1226(3); Records \n32.] erasure, n. \nErastian (i-ras-chdn or i-ras-tee-dn). (l7c) Hist. A \nfollower ofThomas Erastus (1524-1583), who thought \nthat offenses against religion and morality should be \npunished by the civil power and not by the censures of \nthe church. _ As a sect, Erastians had great int1uence in \nEngland, particularly among 17th-century common\nlaw lawyers. \nerasure ofrecord. See EXPUNGEMENT OF RECORD. \nerciscundus (er-sis-kan-dds), adj. [Latin] Civil law. To \nbe divided. - A suit judicium familiae erciscundae was \none to partition an inheritance. \nerect, vb. (ISc) 1. To construct. 2. To establish. -In \nEngland, erect is one of the formal words ofincorpo\nration in a royal charter, being part ofthe phrase, \"We \ndo incorporate, erect, ordain, name, constitute, and \nestablish.\" See ERIGIMUS. \nerectile dysfunction. See IMPOTENCE. \nE reorganization. See REORGANIZATION (2). \nergo (ar-goh or air-goh), adv. [Latin] Therefore; thus. \nergolabus (dr-goh-Iay-bds), n. [Latin] Civil law. A person \nwho contracts to perform work by personally furnish\ning the materials and labor. \nErie-bound, adj. (Ofa federal court) required to apply \nthe Erie doctrine. [Cases: Federal Courts (;:::>372.] \nErie doctrine (eer-ee). (1943) The principle that a federal \ncourt exercising diversity jurisdiction over a case that \ndoes not involve a federal question must apply the sub\nstantive law ofthe state where the court sits. Erie R.R. v. \nTompkins, 304 U.S. 64, 58 S.Ct. 817 (1938). Cf. REVERSE \nERIE DOCTRINE. [Cases: Federal Courts (;:::>373.] \nErie/Klaxon doctrine. See KLAXON DOCTRINE. \nerigimus (i-rij-d-mds). [Latin] Hist. We erect. -This was \none ofthe words used in a corporation's royal charter. \nSee ERECT (2). \nERISA or J-ris-J). abbr. EMPLOYEE RETIREMENT \nINCOME SECURITY ACT. \neristic (e-ris-tik), adj. Ofor relating to controversy or \ndisputation. Also termed eristical. error \nermine (ar-min), n. (I8c) The station ofa judge; judge\nship. -The term refers to the fur trimmings (made from \nthe coats ofwhite weasels called \"ermine\") adorning \nofficial robes ofEnglish judges. ermined, adj. \nerosion. (1841) The wearing away ofsomething by action \nofthe elements; esp., the gradual eating away ofsoil by \nthe operation ofcurrents or tides. Cf. ACCRETION (1); \nDELlCTION; AVULSION (2); ALLUVION. \nerr (Jr), vb. (14c) To make an error; to be incorrect or \nmistaken <the court erred in denying the motion for \nsummary judgment>. \nerrant (er-Jnt), adj. (14c) 1. Fallible; incorrect; straying \nfrom what is proper <an errant judicial holding>. 2. \nTraveling <a knight errant>. \nerrata sheet. (1932) An attachment to a deposition tran\nscript containing the deponent's corrections upon \nreading the transcript and the reasons for those cor\nrections. -Also termed errata page. \nerratum (i-ray-tJm or i-rah-tdm), n. [Latin \"error\"] (16c) \nAn error that needs correction. PI. errata (i-ray-td or \ni-rah-td). See CORRIGENDUM. \nerroneous (i-roh-nee-ds), adj. (15c) Incorrect; inconsis\ntent with the law or the facts. \nerroneous assessment. See ASSESSMENT. \nerroneous extradition. See extraordinary rendition \nunder RENDITION. \nerroneous jndgment. See JUDGMENT. \nerroneous rendition. See RENDITION. \nerroneous tax. See TAX. \nerronice (i-roh-nd-see), adv. [Law Latin) Erroneously; \nthrough error or mistake. \nerror, n. (13c) 1. An assertion or belief that does not \nconform to objective reality; a belief that what is false \nis true or that what is true is false; MISTAKE. \nerror in corpore (kor-pa-ree). (lSe) A mistake involv\ning the identity ofa particular object, as when a party \nbuys a horse believing it to be the one that the party \nhad already examined and ridden, when in fact it is \na different horse. \nerror in negotio (ni-goh-shee-oh). (1944) A mistake \nabout the type of contract that the parties actually \nwanted to enter. \nerrorin qualitate (kwah-ld-tay-te"}
{"text": "about the type of contract that the parties actually \nwanted to enter. \nerrorin qualitate (kwah-ld-tay-tee). A mistake affect\ning the quality ofthe contractual object. \nerror in quantitate (kwahn-td-tay-tee). A mistake \naffecting the amount ofthe contractual object. \nreissuable error. See REISSUABLE ERROR. \n2. A mistake oflaw or offact in a tribunal's judgment, \nopinion, or order. [Cases: Federal Civil Procedure \n2653; Judgment (;:::>355, 356.J \nassigned error. An alleged error that occurred in a \nlower court and is pointed out in an appellate brief \nas grounds for reversal <appellants' two assigned \nerrors appeared to the court to be harmless errors>. \n\n622 error, assignment of \nSee ASSIGNMENT OF ERROR. [Cases: Appeal and Error \nG':::>71S-754; Federal Courts C=>714.] \nCaldwell error. The constitutionally impermissible \nerror ofresting a death sentence on a determination \nmade by a sentencer who has been led to believe that \nthe responsibility for determining the appropriate\nness ofthe defendant's death sentence lies elsewhere. \nCaldwell v. Mississippi, 472 U.S. 320, 105 S.Ct. 2633 \n(I985) . The error most often occurs when the prose\ncutor or the judge tells the jury that the death sentence, \nifinappropriate, may be overturned on appeal. [Cases: \nSentencing and Punishment C=>1780(2).] \ndear error. (18c) A trial judge's decision or action that \nappears to a reviewing court to have been unquestion\nably erroneous . Even though a clear error occurred, \nit mav not warrant reversal. -Also termed clear and \nunmistakable error. [Cases: Appeal and Error C=> \n999(1), 1008.1(5); Criminal Law ~-::,1030(1); Federal \nCourts ~~>850.1.1 \nclerical error. (18c) An error resulting from a minor \nmistake or inadvertence, esp. in writing or copying \nsomething on the record, and not from judicial rea\nsoning or determination . Among the boundless \nexamples ofclerical errors are omitting an appendix \nfrom a document; typing an incorrect number; mis\ntranscribing a word; and failing to log a calL A court \ncan correct a clerical error at any time, even after \njudgment has been entered. See Fed. R. Civ. P. 60(a); \nFed. R. Crim. P. 36. Also termed scrivener's error; \nvitium clerici. See VITIUM SCRIPTORIS. [Cases: Federal \nCivil Procedure <':=:;;2653; Judgment C=>306.] \ncross-error. (1838) An error brought by the party \nresponding to a writ oferror. \ncumulative error. The prejudicial effect oftwo or more \ntrial errors that may have been harmless individually. \n The cumulative effect of multiple harmless errors \nmay amount to reversible error. See CUMULATIVE\nERROR ANALYSIS. [Cases: Appeal and Error C=> 1026; \nCriminal Law C=> 1186.1; Federal Courts C='891.] \nerror apparent ofrecord. See plain error. \nerror in vacuo. See harmless error. \nfatal error. See reversible error. \nfundamental error. See plain error. \nharmful error. See reversible error. \nharmless error. (185!) An error that does not affect a \nparty's substantive rights or the case's outcome. - A \nharmless error is not grounds for reversaL See Fed. R. \nCiv. P. 61; Fed. R. Crim. P. 52. Also termed techni\ncal error; error in vacuo. Cf. substantial error. [Cases: \nAdministrative Law and Procedure C=>764; Appeal \nand Error 1025-lO74; Criminal Law C=> 1162; \nFederal Courts (;=;'891.] \ninvited error. (1893) An error that a party cannot \ncomplain of on appeal because the party, through \nconduct, encouraged or prompted the trial court to \nmake the erroneous ruling. [Cases: Administrative Law and Procedure Appeal and Error \n882; Criminal Law C=>1137.] \nmanifest constitutional error. (1985) An error by the \ntrial court that has an identifiably negative impact on \nthe trial to such a degree that the constitutional rights \nof a party are compromised . A manifest constitu\ntional error can be reviewed by a court ofappeals even \nifthe appellant did not object at trial. \nmanifest error. (18c) An error that is plain and indis\nputable, and that amounts to a complete disregard \nofthe controlling law or the credible evidence in the \nrecord. [Cases: Appeal and ErrorC=>999(l), 1008.1(7); \nCriminal Law C:)1030(1).] \nobvious error. See OBVIOUS ERROR. \nplain error. (1801) An error that is so obvious and preju\ndicial that an appellate court should address it despite \nthe parties' failure to raise a proper objection at trial. \n A plain error is often said to be so obvious and \nsubstantial that failure to correct it would infringe a \nparty's due-process rights and damage the integrity of \nthe judicial process. See Fed. R. Evid. 103(d). -Also \ntermed fundamental error; error apparent ofrecord. \n[Cases: Appeal and Error (;:::::>181; Criminal Law <::=-) \n1030; Federal Courts C=>611.] \nreissuable error. See REISSUABLE ERROR. \nreversible error. (1855) An error that affects a party's \nsubstantive rights or the case's outcome, and thus is \ngrounds for reversal ifthe party properly objected at \ntrial. -Also termed harmful error; prejudicial error; \nfatal error. [Cases: Administrative Law and Procedure \nC=>764; Appeal and Error C=> 1025-1074; Criminal \nLaw C=> 1162; Federal Courts C=>891.] \nscrivener's error. See clerical error. \nsubstantial error. An error that affects a party's sub\nstantive rights or the outcome of the case. A sub\nstantial error may require reversal on appeal. Cf. \nharmless error. [Cases: Appeal and Error C=> 181; \nFederal Courts C:=891.] \ntechnical error. See harmless error. \n3. An appeal <a proceeding in error>. \nerror, assignment of. See ASSIGNMENT OF ERROR. \nerror, writ of. See WRIT OF ERROR. \nerror calculi (er-or kal-kyuu-h). [Latin] Roman & civil \nlaw. An error in calculation. \n\"If it occurs in a judgment and is fully eVident, no appeal \nis necessary. The judge himself may correct it. In public \nadministration, error calculi is without any legal effect. A \nreexamination and correction (retractatio) is admissible \neven after ten or twenty years.\" Adolf Berger, Encyclopedic \nDictionary ofRoman Law 456 (1953). \nerror de persona (dee pdr-soh-nd). [Latin \"error ofthe \nperson\"] A mistake about a person's identity. Cf. ERROR \nNOMINIS. \nerrore acerrimo non affectato insimulatove (e-ror-ee \n;:l-ser-i-moh non af-ek-tay-toh in-sim-yuu-I;Hoh-vee). \n[Latin] Hist. Through error of the most pointed or \npositive character, not merely pretended or feigned. \n\nerrore lapsus (e-ror-ee lap-s;:)s). [Latin] Hist. Mistaken \nthrough error.  This type ofmistake was usu. not suf\nficient to invalidate a contract. \nerror in fact. See mistake offact (1) under MISTAKE. \nerror in law. See mistake oflaw (1) under MISTAKE. \nerror in vacuo (in vak-yoo-oh). [Latin \"error in a void\"] \nSee harmless error under ERROR. \nerror nominis (nahm-;:)-nis). [Latin \"error of name\"] \nA mistake of detail in a person's name. Cf. ERROR DE \nPERSONA. \nerror of fact. See mistake offact (1) under MISTAKE. \nerror-of-judgment rule. The doctrine that a professional \nis not liable to a client for advice or an opinion given \nin good faith and with an honest belief that the advice \nwas in the client's best interests, but that was based on a \nmistake either in judgment or in analyzing an unsettled \narea of the professional's business . For example, an \nattorney who makes an error in trial tactics involving \nan unsettled area of the law may, under certain cir\ncumstances, defeat a malpractice claim arising from the \ntactical error. -Also termed judgmental immunity. \nerror oflaw. See mistake oflaw (1) under MISTAKE. \nerrors, assignment of. See ASSIGNMENT OF ERRORS. \nerrors-and-omissions insurance. See INSURANCE. \nERS. abbr. ECONOMIC RESEARCH SERVICE. \nESA. abbr. 1. ECONOMICS AND STATISTICS ADMINISTRA\nTION. 2. EMPLOYMENT STANDARDS ADMINISTRATION. \nESBT. abbr. See electing small-business trust under TRUST \n(3). \nescalation clause. See ESCALATOR CLAUSE. \nescalator clause. (1930) 1. A contractual provision that \nmakes pricing flexible by increasing or decreasing the \ncontract price according to changing market condi\ntions, such as higher or lower taxes or operating costs. \nCf. DE-ESCALATION CLAUSE. [Cases: Contracts C=c229, \n231.] 2. A provision in a divorce decree or divorce agree\nment providing for the automatic increase of alimony \npayments upon the occurrence of any of various trig\ngering events, such as cost-of-living increases or an \nincrease in the obligor's salary . Escalation clauses for \nchild support are often unenforceable. [Cases: Child \nSupport C=c 161; Divorce C=c240(2), 243, 245.] 3. Oil \n& gas. A provision in a long-term gas contract allowing \nthe base price of the gas to be adjusted as the market \nchanges. The actual adjustment may be up or down. \n[Cases: Gas C=c 14.1(3).] -Also termed escalation \nclause;fluctuating clause. \nescambium. See CAMBIUM (2). \nescape, n. (14c) 1. The act or an instance of breaking \nfree from confinement, restraint, or an obligation. 2. \nAn unlawful departure from legal custody without the \nuse of force. -Also termed actual escape. Cf. PRISON \nBREACH. [Cases: Escape C=c 1.] \n\"In the technical sense an 'escape' is an unauthorized \ndeparture from legal custody; in a loose sense the word is \nused to indicate either such an unlawful departure or an avoidance of capture. And while the word is regularly used \nby the layman in the broader sense it usually is limited to \nthe narrower meaning when used in the law, -although \nthis is not always so.\" Rollin M. Perkins & Ronald N. Boyce, \nCriminal Law 559 (3d ed. 1982). \nconstructive escape. A prisoner's obtaining more \nliberty than the law allows, while not fully regain\ning freedom. \n3. At common law, a criminal offense committed by a \npeace officer who allows a prisoner to depart unlaw\nfully from legal custody. -Also termed voluntary \nescape. [Cases: Escape C=c3.] -escape, vb. \nnegligent escape. The offense committed by a peace \nofficer who negligently allows a prisoner to depart \nfrom legal custody. \n\"Escapes are either voluntary, or negligent. Voluntary are \nsuch as are by the express consent of the keeper, after \nwhich he never can retake his prisoner again, (though \nthe plaintiff may retake him at any time) but the sheriff \nmust answer for the debt. Negligent escapes are where \nthe prisoner escapes without his keeper's knowledge or \nconsent; and then upon fresh pursuit the defendant may \nbe retaken, and the sheriff shall be excused, if he has him \nagain before any action brought against himself for the \nescape.\" 3 William Blackstone, Commentaries on the Laws \nofEngland415-16 (1768). \nescape clause. (1945) A contractual provision that \nallows a party to avoid performance under specified \nconditions; specif., an insurance-policy provision \nusu. contained in the \"other insurance\" section of the \npolicy -requiring the insurer to provide coverage only \nif no other coverage is available. Cf. EXCESS CLAUSE; \nPRO RATA CLAUSE. \nescapee. (19c) A prisoner or other inmate who has \nescaped from lawful custody. [Cases: Escape C=c 1.] \n\"The word 'escapee' is employed at times by those who \nare not careful in the use of language. They probably think \nthis word is comparable to 'arrestee' or 'employee.' But the \narrestee did not do the arresting and the employee did not \ndo the employing. The employee does the work but that \nmakes him a worker, not a workee.\" Rollin M. Perkins & \nRonald N. Boyce, Criminal Law 560 (3d ed. 1982). \nescape period. Labor law. A time agreed upon in some \nunion contracts during which workers may withdraw \nfrom the union near the end ofone term covered by the \ncontract and before the start of the next. \nescape warrant. See WARRANT (1). \nescapium (e-skay-pee-;:)m), n. [Law Latin] That which \ncomes by chance or accident.  In medieval Latin, the \nterm often referred to the escape of a prisoner or the \nstraying ofcattle. \nescheat (es-cheet), n. (14c) 1. Hist. The reversion ofland \nownership back to the lord when the immediate tenant \ndies without heirs. See WRIT OF ESCHEAT. 2. Reversion \nof property (esp. real property) to the state upon the \ndeath ofan owner who has neither a will nor any legal \nheirs. [Cases: Escheat C=c 1-8.] 3."}
{"text": "owner who has neither a will nor any legal \nheirs. [Cases: Escheat C=c 1-8.] 3. Property that has \nso reverted. See heirless estate under ESTATE (3). \nescheat, vb. -escheatable, adj. \n\"All escheats, under the English law, are declared to be \nstrictly feudal, and to import the extinction of tenure.... \nThe rule [was] that if lands were held in trust and the cestui \n\nque trust without heirs, the lands did not escheat to the \ncrown, but the trustee, being in esse and in the legal seisin \nof the land, took the land discharged of the trust, and \nbound as owner for the feudal services. But as the feudal \ntenures do not exist in this country, there are no private \npersons who succeed to the inheritance by escheat; and \nthe state steps in the place of the feudal lord, by virtue of \nits sovereignty, as the original and ultimate proprietor of \nall the lands within its jurisdiction.\" 4 James Kent, Com \nmentaries on American Law *423-24 (George Comstock \ned., 11th ed. 1866). \nescheat grant. See GRANT. \nescheator (es-cheet-ar). Hist. A royal officer appointed to \nassess the value of property escheating to the Crown. \n Corrupt officers led many to associate the escheator \nwith fraudulent conduct, giving rise to the word cheat \nas used in the modern sense. -Also termed cheater. \nescheat patent. See escheat grant under GRANT. \nescheccum (es-chek-am), n. [Latin] Hist. A jury or inqui\nsition. \nEscobedo rule (es-b-bee-doh). Criminal procedure. lhe \nprinciple that a statement by an unindicted, targeted \nsuspect in police custody is inadmissible at trial unless \nthe police warn the suspect ofthe right to remain silent \nand provide an opportunity for the suspect to consult \nwith retained or appointed counseL  This rule was \na precursor to the Miranda rule. Escobedo v. Illinois, \n378 U.S. 478, 84 S.Ct. 1758 (1964). See MIRANDA RULE. \n[Cases: Criminal Law (;:::::>412.2(3),517.2(3),518.] \nescot (e-skot), n. (17c) Hist. English law. A tax paid in \nboroughs and corporations to support the commu\nnity. \nescribano (es-kree-bah-noh), n. [Spanish] Spanish law. \nA notary; speci., an officer who has authority to set \ndown in writing, and attest to, transactions and con\ntracts between private persons, as well as judicial acts \nand proceedings. \nescritura (es-kree-toor-ah), n. [Spanish] Spanish law. A \nwritten instrument, such as a contract; esp., a deed that \neither is prepared by an escribano or notary of a corpo\nration or council (concejo) or is sealed with a monarchi\ncalor governmental seaL \nescritura publica (es-kree-toor-ah p3b-li-ka). See PUBLIC \nWRITING (2). \nescroquerie (es-kroh-ka-ree), n. [French] Fraud; swin\ndling; cheating. \nescrow (es-kroh), n. (16c) 1. A legal document or property \ndelivered by a promisor to a third party to be held by \nthe third party for a given amount of time or until \nthe occurrence of a condition, at which time the third \nparty is to hand over the document or property to the \npromisee <the agent received the escrow two weeks \nbefore the closing date>. [Cases: Deposits and Escrows \n11-26.J 2. An account held in trust or as security \n<the earnest money is in escrow>. -Also termed \nescrow account; impound account; reserve account. See \nescrow account under ACCOU;:\\IT. [Cases: Deposits and \nEscrows C=: 1LJ 3. The holder of such a document, \nproperty, or deposit <the attorney performed the function of escrow>. Also termed escrow agent. \n[Cases: Deposits and Escrows C=:13.] 4. The general \narrangement under which a legal document or property \nis delivered to a third person until the occurrence of a \ncondition <creating an escrow>. escrow, vb. \n'Like 'scroll' and 'scrawl: the word 'escrow' is derived from \nthe NormanFrench word for a writing or a written instru\nment. It has come in practice to refer to a security device: \none or both parties to a transaction deposit property or \nan instrument with a third party until some condition has \noccurred. The property or instrument may be referred to as \n'the escrow'; the delivery is said to be 'in escrow.'\" Restate \nment (Second) of Contracts  103 em!. a (1979). \nescrow account. See ACCOUNT . \nescrow agent. See AGENT (2). \nescrow agreement. (1882) Ibe instructions given to the \nthird-party depositary of an escrow. [Cases: Deposits \nand Escrows (;:..-, 15.] \nescrow contract. See CONTRACT. \nescrow deposit. See escrow account under ACCOUNT. \nescrowee. See escrow agent under AGENT (2). \nescrow holder. See escrow agent under AGENT (2). \nescrowl (es-krohl), n. Hist. 1. An escrow. 2. A scroll. \nescrow officer. See escrow agent under AGENT (2). \nescuage (es-kyoo-ij). [French, fro Latin escuagium] See \nSCUTAGE. \nE-Sign Act. The short name for the Electronic Signa\ntures in Global and National Commerce Act, a 2000 \nfederal statute that establishes the legal equivalency of \nelectronic contracts, electronic signatures, and other \nelectronic records with their paper counterparts . \nThe E-Sign Act applies to all types of transactions, \nwhether in interstate or foreign commerce, unless a \nspecific exception applies. Among the few exceptions \nare documents related to family law and probate law, \nmost documents required by the Uniform Commer\ncial Code, court documents, and a list of notices that \ndirectly impact the lives of consumers (e.g., a notice of \ntermination of utility services or a notice of eviction). \n[Cases: Signatures C=:1.] \nesketores (es-ka-tor-eez), n. pl. Hist. Robbers; destroyers \nof others' lands or fortunes. \neskipper (a-skip-<Jr), vb. To ship. Also termed eskip\npare (es-b-pair-ee). \neskippeson (a-skip-[<J]-san), n. Shippage; passage by \nsea. -Also termed skippeson. \neslisor (es-h-zar). See ELISOR. \nesne (ez-nee), n. Hist. A hireling of servile condition; a \nhired laborer or a slave. \nesnecy (es-ni-see), n. Hist. Seniority: the condition, right, \nor privilege ofthe eldest-born . The term esp. applied \nto the privilege of the eldest among coparceners to \nmake a first choice of shares upon a voluntary parti\ntion. -Also termed aesnecia. \nESOP (ee-sop). abbr. See employee-stock-ownership plan \nunder EMPLOYEE BENEFIT PLAN. \n\n625 \nespera (es-pd-fd), n. A period fixed by law or by a court \nwithin which certain acts are to be performed (such as \npayment ofa debt). \nespionage (es-pee-d-nahzh). (l8c) The practice of using \nspies to collect information about what another govern\nment or company is doing or plans to do. \nindustrial espionage. (1962) Intellectual property. One \ncompany's spying on another to steal trade secrets or \nother proprietary information. \nEspionage Act. A federal law that criminalizes and \npunishes espionage, spying, and related crimes. 18 \nUSCA  793 et seq . Two Espionage Acts were passed. \nThe 1917 act criminalized false statements intended \nto interfere with the war effort; to willfully cause or \nattempt to cause dissension in the armed forces; or \nto willfully obstruct national recruiting and enlist\nment activities. This act remains enforceable \"when \nthe United States is at war.\" The 1918 act criminalized \nspeech intended to obstruct war-bond sales; to generate \nscorn or contempt for democratic government, the flag, \nor the uniform of the Army or Navy; to urge reduced \nproduction of war materials with the intent to hinder \nthe war effort; or to express support for a national \nenemy or opposition to the United States' cause. The \nact's constitutionality was upheld by the U.S. Supreme \nCourt before it was repealed in 1921. [Cases: War and \nNational Emergency C=>48.] \nesplees (es-pleez), n. pl. (17c) Archaic. 1. Products yielded \nfrom land. 2. Rents or other payments derived from \nland. 3. Land itself. -Also termed explees. \nespousals (d-spow-zdlz), n. (14c) Mutual promises \nbetween a man and a woman to marry one another. \n[Cases: Breach of Marriage Promise C=>4, S.] \n\"Espousals were of two kinds: sponsalia per verba de \nfuturo, which take place if man and woman promise each \nother that they will hereafter become husband and wife; \nsponsalia per verba de praesenti, which take place if they \ndeclare that they take each other as husband and wife now, \nat this very moment.\" 2 Frederick Pollock & Frederic William \nMaitland, History ofEnglish Law Before the Time ofEdward \n1368 (2d ed. 1899). \nespouse, vb. (lSc) 1. To marry. 2. To dedicate oneself to \nand advocate for (a cause). \nesquire (es-kwIr or e-skwIr). (ISc) 1. Hist. A candidate \nfor knighthood who assisted knights in martial endeav\nors. 2. Hist. A member of the gentry whose rank was \ninferior to that ofa knight. 3. Archaic. A landed gentle\nman; a member ofthe landed gentry. 4. (usu. cap. as an \nhonorific) A title ofcourtesy commonly appended after \nthe name ofa lawyer. -Abbr. Esq. \n\"Heralds and experts on honour for a long time regarded \nserjeants either as inferior to esquires or at most as being \nequals by reason of office. James Whitelocke, a barrister \nwith historical interests and a future serjeant, said in \n1601 that becoming a serjeant carried with it the status of \nesquire, so that the proper description was 'A.B. esquire, \nserjeant at law.' Chief Justice Dyer, however, argued in 1580 \nthat the name of esquire was 'drowned' on creation as a \nserjeant, the latter being a higher degree; and the same \npoint of view was urged in 1611 by the serjeants in a pre \ncedence dispute. It was probably not until the eighteenth \ncentury that the heralds accepted the priority of serjeants essoin day \nbefore esquires. By that time the rank of esquire had begun \nits decline, and according to the courts it belonged to all \nbarristers at law by virtue of their profession.: J,H. Baker, \nThe Order ofSerjeants at Law 52 (1984). \nessence, of the. See OF THE ESSENCE. \nessence test. Labor law. A test under which an arbitra\ntor's interpretation of a collective-bargaining agree\nment must be upheld if it derives in any rational way \nfrom the agreement, viewed in light ofthe agreement's \nlanguage, its context, and any other evidence of the \nparties' intention. [Cases: Labor and Employment \nIS92; Labor and Employment 1623(1).] \nessendi quietum de tolonio (e-sen-dI kWI-ee-tdm dee \ntd-Ioh-nee-oh). [Latin \"a writ to be free ofa toll\"] Hist. \nA writ available to a citizen or a burgess of any city or \ntown who, by charter or prescription, is exempt from \na particular toll. \nessential finding. See FINDING OF FACT. \nessentialia (e-sen-shee-ay-Iee-d). [Law Latin \"essentials\"] \nScots law. Terms or qualities essential to the existence of \na particular right or contract. Cf. ACCIDENTALIA. \n\"Essentialia. This term, applied to a contract, or right, \nor other subject of law, signifies those things which are \nessential to the very being of the contract or right, as such, \nand any alteration in which would make the contract or \nright resolve into one of another kind.\" William Bell, Bell's \nDictionary and Digest of the Law ofScotland 406 (George \nWatson ed., 7th ed. 1890). \nessentialia feudi (e-sen-shee-ay-Iee-d fyoo-dl). [Law \nLatin] Scots law. The essential terms of a feudal right. \nCf. ACCIDENTALIA FEUDI. \nessential mistake. See MISTAKE. \nessential term. See fundamental term under TERM (2). \nessoin (e-soyn), n. [fr. Old French essoi(g)ne \"excuse\"] \n(14c) Hist. 1. An excuse for not appearing in court on \nan appointed day in obedience to a summons. 2. The \noffering or presentation of such an excuse. -Also \nspelled essoign. \n'The first return-day of every term, properly speaking, is \nthe first day of that term; and on that day the court used \nformerly to sit ... to hear the essoigns, or excuses, of such \nas did not appear according to the summons of the writ. \nThis day therefore came to be called the essoign-day of \nthe term.\" 1 George Crompton, Practice Common-Placed: \nRules and Cases of Practice in the Courts of King's Bench \nand Common Pleas liv (3d ed. 1787). \nessoin, vb. [fr. Old French essoi(g)nier \"to excuse\"] (14c) \nHist. To present an excuse for not appearing in court \nas ordered. \n\"Upon the summons, the defendant either appeared, or \nessoigned, or made default. If he did the former, the plain\ntiff declared against him, and the cause was proceeded in \nby the court; and if he did the latter, the plaint"}
{"text": ", the plain\ntiff declared against him, and the cause was proceeded in \nby the court; and if he did the latter, the plaintiff had liberty \nto take out further process against him. But if he essoigned, \nthat is, sent an excuse to the court why he could not attend, \nhe was to send it by the return day of the writ which if he \ndid, a further process did not issue against him.\" 1 George \nCrompton, Practice Common-Placed: Rules and Cases of \nPractice in the Courts of King's Bench and Common Pleas \nliv (3d ed. 1787). \nessoin day. Hist. English law. The first general return day \nof the term, when the courts sat to receive essoins . \n\n626 essoin de malo villae \nBy the Law Terms Act (1830), essoin days were elimi\nnated as a part of the term. St. 11 Geo. 4; 1 Will. 4, ch. \n70,  6. \nessoin de malo villae (dee mal-oh viI-eel. Hist. A proce\ndure by which a defendant, who was in court the first \nday but was then taken ill without pleading, would \nsend two essoiners to state in court that the defendant \nwas detained by sickness in a particular village and \nthus unable to attend. -This essoin would be accepted \nunless the plaintiff could show its falsity. \nessoiner (e-soyn-<lr), n. Hist. A person making an \nessoin. Also termed essoiniator (e-soyn-ee-ay-t.:lr). \nessoin roll. Hist. A roll upon which essoins were entered, \ntogether with the day to which they were adjourned. \nestablish, vb. (14c) 1. To settle, make, or fix firmly; to \nenact permanently <one object ofthe Constitution was \nto establish justice>. 2. To make or form; to bring about \nor into existence <Congress has the power to establish \nArticle III courts>. 3. To prove; to convince <the House \nmanagers tried to establish the President's guilt>. \nestablished royalty. See ROYALTY (1). \nestablishment, n. (ISc) 1. The act of establishing; the \nstate or condition of being established. 2. An institu\ntion or place ofbusiness. 3. A group of people who are \nin power or who control or exercise great influence over \nsomething. \nEstablishment Clause. (1959) The First Amendment pro\nvision that prohibits the federal and state governments \nfrom establishing an official religion, or from favoring \nor disfavoring one view of religion over another. U.S. \nConst. amend. I. Cf. FREE EXERCISE CLAUSE. [Cases: \nConstitutional Law (;:::> 1294.] \nestadal (es-tah-dahl), n. [Spanish] Hist. In Spanish \nAmerica, a measure of land of 16 square varas, or \nyards. \nestadia (es-tah-dee-ah), n. [Spanish] Spanish law. 1. A \ndelay in a voyage, or in the delivery ofcargo, caused \nby the charterer or consignee, who becomes liable for \ndemurrage. 2. The time for which the party who has \nchartered a vessel, or is bound to receive the cargo, \nmust pay demurrage because of a delay in performing \nthe contract. -Also termed sobrestadia (soh-bray\nstah-dee-ah). \nestandard (.:l-stan-d.:lrd), 11. [Law French] A standard of \nweights and measures. \nest a scavoir (ayah skah-vwahr). [Law French, prob. fr. \nLatin est sciendum \"it is to be known\"] It is to be under\nstood or known; to wit. _ This expression is common \nin Sir Thomas de Littleton's 15th-century Treatise on \nTenures, written in Law French. See SCIENDGM EST. \nestate. (ISc) 1. 1he amount, degree, nature, and quality \nof a person's interest in land or other property; esp., a \nreal-estate interest that may become possessory, the \nownership being measured in terms of duration. See \nperiodic tenancy under TENANCY. \nabsolute estate. A full and complete estate that cannot \nbe defeated. \"The epithet absolute is used to distinguish an estate \nextended to any given time, without any condition to \ndefeat or collateral limitation to determine [i.e., terminate] \nthe estate in the mean time, from an estate subject to a \ncondition or collateral limitation. The term absolute is of \nthe same signification with the word pure or simple, a \nword which expresses that the estate is not determinable \nby any event besides the event marked by the clause of \nlimitation.\" G.c. Cheshire, Modern Law of Real Property \n54 (3d ed. 1933). \nbase estate. Hist. An estate held at the will ofthe lord, \nas distinguished from a freehold. \nconcurrent estate. (18c) Ownership or possession of \nproperty by two or more persons at the same time. \nIn modern practice, there are three types of concur\nrent estates: tenancy in common, joint tenancy, and \ntenancy by the entirety. -Also termed concurrent \ninterest. \n\"A concurrent estate is simply an estate -whether present \nor future, defeasible or non-defeasible, in fee simple, in tail, \nfor life, or for years that is owned by two or more persons \nat the same time. 0 transfers 'to A and B and their heirs.' \nA and B own a present concurrent estate in fee simple \nabsolute.\" Thomas F. Bergin & Paul G. Haskell, Preface to \nEstates in Land and Future Interests 53 (2d ed. 1984). \nconditional estate. See estate on condition. \ncontingent estate. (I7c) An estate that vests only if a \nspecified event does or does not happen. Cf. estate \non condition, \ndefeasible estate. (17c) An estate that may come to an \nend before its maximum duration has run because \nof the operation of a special limitation, a condition \nsubsequent, or an executory limitation. _ Ifan estate \nis defeasible by operation of a special limitation, it is \ncalled a determinable estate. \nderivative estate. (18c) A particular interest that has \nbeen carved out of another, larger estate. Cf. original \nestate. \ndeterminable estate. (17c) An estate that is defeasible \nby operation of a special limitation. -Also termed \ndeterminable freehold. \nequitable estate. (l7c) An estate recognized in equity, \nsuch as a trust beneficiary's interest. See EQUITY. \n\"[Ajlegal estate was a right in rem, an equitable estate a \nright in personam, that is to say, the former conferred a \nright enforceable against the whole world, the latter one \nwhich could be enforced only against a limited number of \npersons:' G.c. Cheshire, Modern Law of Real Property 54 \n(3d ed. 1933). \nequitable life estate. An interest in real or personal \nproperty that lasts for the life of the holder of the \nestate and that is equitable as opposed to legal in its \ncreation. -An example is a life estate held by a trust \nbeneficiary. [Cases: Life Estates 21.] \nestate ad remanentiam (ad rem-.:l-nen-shee-.:lm). An \nestate in fee simple. \nestate at sufferance. See tenancy at sufferance under \nTENANCY. \nestate at will. See tenancy at will under TENANCY. \n\n627 \nestate by curtesy. An estate owned by a wife, to \nwhich the husband is entitled upon her death. See \nCURTESY. \nestate by elegit. An estate held by a judgment creditor, \nentitling the creditor to the rents and profits from \nland owned by the debtor until the debt is paid. See \nELEGIT. \nestate by entirety. A common-law estate in which \neach spouse is seised of the whole of the property. \n An estate by entirety is based on the legal fiction \nthat a husband and wife are a Single unit. The estate \nconsists offive unities: time, title, interest, possession, \nand marriage. The last of these unities distinguishes \nthe estate by entirety from the joint tenancy. A joint \ntenancy can exist with any number ofpersons, while \nan estate by entirety can be held only by a husband \nand wife and is not available to any other persons. \nAnd it can be acquired only during the marriage. This \nestate has a right of survivorship, but upon the death \nof one spouse, the surviving spouse retains the entire \ninterest rather than acquiring the decedent's interest. \nMost jurisdictions have abolished this estate. -Also \ntermed estate by the entirety; estate by entireties; estate \nby the entireties; tenancy by the entirety; tenancy by the \nentireties. Cf joint tenancy and tenancy in common \nunder TE:-<ANCY. [Cases: Husband and Wife \n14.2.] \nestate by purchase. An estate acquired in any manner \nother than by descent. See PURCHASE. \nestate by statute staple. An estate in a defendant's land \nheld by a creditor under the statute staple until the \ndebt was paid. See STATUTE STAPLE. \nestate by the curtesy ofEngland. See CURTESY. \nestate for a term. See tenancy for a term under \nTENANCY. \nestate for life. See life estate. \nestate for years. See tenancy for a term under \nTE:-<ANCY. \nestate in common. See tenancy in common under \nTENANCY. \nestate in fee simple. See FEE SIMPLE. \nestate infee tail. See FEE TAIL. \nestate in gage. An estate that has been pledged as \nsecurity for a debt. See MORTGAGE. \nestate in partnership. A joint estate that is vested in \nthe members ofa partnership when real estate is pur\nchased with partnership funds and for partnership \npurposes. [Cases: Partnership \nestate in possession. An estate in which a present \ninterest passes to the tenant; an estate in which the \ntenant is entitled to receive the rents and other profits \narising from the estate. [Cases: Estates in Property \n1.] \nestate in remainder. See REMAINDER (1). \nestate in reversion. See REVERSION (1). estate \nestate in severalty (sev-<J-r<Jl-tee). An estate held by a \ntenant separately, without any other person being \njoined or connected in interest. \nestate in tail. See FEE TAIL. \nestate in vadio (in vad-ee-oh). An estate in gage or \npledge. See MORTGAGE. \nestate less than freehold. An estate for years, an estate \nat will, or an estate at sufferance. \nestate on condition. (ISc) An estate that vests, is \nmodified, or is defeated upon the occurrence or non\noccurrence of some specified event. -While an estate \non limitation can revert without any action by the \ngrantor or the grantor's heirs. an estate on condition \nrequires the entry ofthe grantor or the grantor's heirs \nto end the estate whenever the condition occurs. \nAlso termed estate on conditional limitation; condi\ntional estate. Cf. estate on limitation. \nestate on conditional limitation. See estate on condi\ntion. \nestate on condition expressed. (ISc) A contingent estate \nin which the condition upon which the estate will fail \nis stated explicitly in the granting instrument. \nestate on condition implied. (I8c) A contingent estate \nhaVing some condition that is so inseparable from \nthe estate's essence that it need not be expressed in \nwords. \nestate on limitation. (lSc) An estate that automati\ncally reverts back to the grantor according to a pro\nvision, usu. regarding the passage of a determined \ntime period, designated by words such as \"during,\" \n\"while,\" and \"as long as.\" Seefee simple determinable \nunder FEE SIMPLE. Cf. estate on condition. \nestate pur autre vie. See life estate pur autre vie. \nestate tail. See FEE TAIL. \nestate tail quasi. An estate granted by a life tenant, \nwho, despite using language of conveyance that is \notherwise sufficient to create an estate tail, is unable \nto grant in perpetuity. \nexecuted estate. See REMAINDER (I). \nexpectant estate. See FUTURE INTEREST. \nfast estate. See real property under PROPERTY. \nfreehold estate. See FREEHOLD. \nfuture estate. See FUTURE INTEREST. \njoint estate. (ISc) Any of the follOWing five types of \nestates: (1) a joint tenancy, (2) a tenancy in common, \n(3) an estate in coparcenary (a common-law estate \nin which coheirs hold as tenants in common), (4) a \ntenancy by the entirety, or (5) an estate in partner\nship. [Cases: Husband and Wife C::\"::> 14.2-14.7; Joint \nTenancy Tenancy in Common \nlanded estate. An interest in real property, esp. \nsuburban or rural land, as distinguished from real \nestate situated in a city. -Also termed landed \nproperty. \nleasehold estate. See LEASEHOLD. \n\n628 estate \nlegal estate. An interest enforced in law rather than \nin equity. \nlegal life estate. See life estate. \nlife estate. (l8c) An estate held only for the duration of a \nspecified person's life, usu. the possessor's. -Most life \nestates created, for example, by a grant \"to Jane for \nlife\" are beneficial interests under trusts, the corpus \noften being personal property, not real property. \nAlso termed estate for life; legal life estate; life tenancy. \nSee LIFE TENANT. [Cases: Ufe Estates C=o 1.] \nlife estate pur autre vie (p;:lr oh-tr;:l vee). (1888) A life \nestate for which the measuring lite -the life whose \nduration determines the duration of the estate -is \nsomeone's other than the possessor's. Also spelled \nlife estate per autre vie. [Cases: Ufe Estates C=o 1.] \nmarital estate. See marital property under PROPERTY. \nnext eventual estate. (1836) An estate taking effect \nupon an event that terminates the accumulation of \nundisposed rents and profits; an estate taking effect \nwhen the existing estate terminates. \nnonancestral estate. An estate from any source other \nthan the owner's ancestors. -Also termed nonances\ntral property. \nnonfreehold estate. Any estate in real property without \nseisin, such as an estate for years, from period to \nperiod, at will, or at sufferance; any estate except a \n"}
{"text": "seisin, such as an estate for years, from period to \nperiod, at will, or at sufferance; any estate except a \nfee simple, fee tail, or life estate. \noriginal estate. An estate that is the first of one or more \nderivative estates, bearing to each other the relation \nof a particular estate and a reversion. \nparticular estate. An estate or interest less than a fee \nsimple, such as a fee tail, a life estate, or a term for \nyears. _ It is so called because the estate is a mere part \n(particula) of the fee Simple. \nperiodic estate. See periodic tenancy under TENANCY. \npossessory estate. (18c) An estate giving the holder the \nright to possess the property, with or without an own\nership interest in the property. \npresent estate. An estate in immediate possession; one \nvested at the present time, as distinguished from a \nfuture estate. See present interest under INTEREST \n(2). \nqualified estate. Any estate that is not absolute and \nunconditional; a limited or conditional estate. \nreversionary estate. See REVERSION. \nseparate estate. 1he individual property of one oftwo \npersons who stand in a marital or business relation\nship. See SEPARATE PROPERTY. Divorce \n252.3(3); Husband and Wife 10-202.] \nsettled estate. An estate created or limited under a \nsettlement; an estate in which the powers of alien\nation, devising, and transmission according to the \nordinary rules ofdescent are restrained by the settle\nment's terms. stipendiary estate (stI-pen-dee-er-ee). Hist. An estate \ngranted in return for services, usu. of a military \nkind. \nvested estate. (18c) An estate with a present right of \nenjoyment or a present fixed right of future enjoy\nment. \n2. All that a person or entity owns, including both real \nand personal property. \nbankruptcy estate. See BANKRUPTCY ESTATE. \n3. The property that one leaves after death; the col\nlective assets and liabilities of a dead person. [Cases: \nExecutors and Administrators C=o38-73.] \n\"The word 'estate' was probably adopted because in early \ndays it was possible to ascertain a man's status or position \nin life by discovering the particular kind of tenure by which \nhe held his lands. The quality of his tenure gave a clue to \nhis status. The baron for example ought in theory to be the \nholder of a barony; he has the status of a baron because he \nhas the estate of a baron .... [O]ne of the distinguishing \nmarks of [the] freehold estates was the uncertainty of their \nduration. They were invariably held either for life, or for \nsome other space of time dependent upon an event which \nmight not happen within a lifetime, and thus a freehold \nestate came to be regarded as one which involved the per\nformance of free services only, but as one which endured \nfor an uncertain time. In this way, the word 'estate' came \nto denote the quantity of a man's interest in land.\" C.c. \nCheshire, Modern Law ofReal Property 26 (3d ed. 1933). \nadjusted gross estate. 1. The total value ofa decedent's \nproperty after subtracting administration expenses, \nfuneral expenses, creditors' claims, and casualty \nlosses. _ The value ofthe adjusted gross estate is used \nin computing the federal estate tax. Cf. net probate \nestate under PROBATE ESTATE. 2. See gross estate (1). \nancestral estate. An estate that is acquired by descent \nor by operation of law with no other consideration \nthan that ofblood. \naugmented estate. A refinement of the elective share \nto which a surviving spouse is entitled, whereby the \n\"fair share\" is identified as something other than \nthe traditional one-third of the probate estate . The \ncurrent version ofthe Uniform Probate Code uses a \nsliding scale that increases with each year of marriage. \nUnder the UPC, a surviving spouse has accrued full \nmarital-property rights after 15 years of marriage. \nThis percentage of spousal entitlement is applied to \na reconceptualization of the decedent's estate to take \ninto account more than just the assets remaining in \nthe probate estate at death. Also added into the calcu\n1ation are the value ofcertain inter vivos transfers that \nthe decedent made to others in a way that depleted the \nprobate estate; the value of similar transfers made to \nothers by the spouse as well as the value of the marital \nproperty owned by the spouse at the decedent's death; \nand the value ofinter vivos transfers of property made \nby the decedent to the spouse. The Uniform Probate \nCode adopted this version of the augmented-estate \nconcept in an attempt to equalize the treatment of \nsurviving spouses in non-community-property states \nvis-a.-vis community- property states. Unif. Probate \n\n629 \nCode  2-202. See ELECTIVE SHARE. [Cases: Wills ~~ \n778-803.] \ndecedent's estate. (18c) The real and personal property \nthat a person possesses at the time of death and that \npasses to the heirs or testamentary beneficiaries. \n[Cases: Executors and Administrators (...'\":::'38-73.] \nestate ofinheritance. An estate that may descend to \nheirs. \ngross estate. 1. The total value of a decedent's property \nwithout any deductions. 2. Loosely, adjusted gross \nestate. [Cases: Internal Revenue (;::=>4168-4182.30.] \nheirless estate. The property of a person who dies intes\ntate and without heirs. See ESCHEAT. \nnet estate. See net probate estate under PROBATE \nESTATE. \nnetprobate estate. See PROBATE ESTATE. \nprobate estate. See PROBATE ESTATE. \nresiduary estate. (18c) The part of a decedent's estate \nremaining after payment of all debts, expenses, stat\nutory claims, taxes, and testamentary gifts (special, \ngeneral, and demonstrative) have been made. -Also \ntermed residual estate; residue; residuary; residuum. \n[Cases: Wills \ntaxable estate. (18c) A decedent's gross estate reduced \nby allowable deductions (such as administration costs \nand ESOP deductions). IRC (26 USCA)  2051. _ The \ntaxable estate is the amount that is subject to the \nfederal unified transfer tax at death. [Cases: Internal \nRevenue C::::'4168-4182.30.] \n4. A tract ofland, esp. one affected by an easement. \n\"The old definitions of this word [estate] generally confine \nit to lands or realty. Thus, according to lord Coke. 'state or \nestate signifieth such inheritance, freehold. term for years, \n&c., as any man hath in lands or tenements.' Co. Utt. 345a. \nSo Cowell defines it to be 'that title or interest which a man \nhath in lands or tenements; and the same definition is \ngiven in the Termes de la Ley. And this limited sense of the \nword has been relied on, in argument, in some cases .... \nBut. according to the settled modern doctrine, the term \nestate is of much more extensive import and application, \nbeing indeed genus generalissimum. and clearly compre \nhending things personal as well as real; person as well as \nreal estate.\" 1 Alexander M. Burrill, A Law Dictionary and \nGlossary 561 (2d ed. 1867). \ndominant estate. (18c) An estate that benefits from \nan easement. Also termed dominant tenement; \ndominant property; upper estate. Cf. servient estate. \n[Cases: Easements (;::=> 1,38.] \nlower estate. See servient estate. \nreal estate. See real property under PROPERTY. \nservient estate (s;Jr-vee-;mt). (I8c) An estate burdened \nby an easement. Also termed servient tenement; \nservient property; lower estate. Cf. dominant estate. \nlCases: Easements 38.] \nupper estate. See dominant estate. \nestate duty. See DUTY (4). \nestate freeze. (I986) An estate-planning maneuver \nwhereby an owner ofa closely held business exchanges estoppel \ncommon stock for dividend-paying preferred stock and \ngives the common stock to his or her children, thus \nseeking to guarantee an income in retirement and to \navoid estate tax on future appreciation in the business's \nvalue. \nestate from period to period. See periodic tenancy under \nTENANCY. \nestate in expectancy. See FUTURE INTEREST. \nestate in freehold. See FREEHOLD. \nestate in lands. (16c) 1. Property that one has in lands, \ntenements, or hereditaments, [Cases: Estates in \nProperty 1.] 2. The conditions or circumstances \nunder which a tenant stands in relation to the leased \nproperty. \nestate in remainder. See REMAINDER (1). \nestate planning. (1938) 1. The preparation for the dis\ntribution and management ofa person's estate at death \nthrough the use ofwills, trusts, insurance policies, and \nother arrangements, esp. to reduce administration costs \nand transfer-tax liability. [Cases: Wills 1-202.]2. \nA branch of law that involves the arrangement of a \nperson's estate, taking into account the laws ofwills, \ntaxes, insurance, property, and trusts. \nestates of the realm. I. The lords spiritual, the lords \ntemporal, and the commons of Great Britain. Also \ntermed the three estates. 2. In feudal Europe, the clergy, \nnobles, and commons. -Because the lords spiritual \nhad no separate assembly or negative in their political \ncapacity, some authorities reduce the estates in Great \nBritain to two, the lords and commons. In England \n(until about the 14th century), the three estates of the \nrealm were the clergy, barons, and knights. In legal \npractice, the lords spiritual and lords temporal are usu. \ncollectively designated simply as lords. \nestate's property. See PROPERTY OF THE ESTATE. \nestate tax. See TAX. \nestate trust. See TRUST. \nester in judgment (es-t<lr). [Law French] To appear before \na tribunal, as either plaintiff or defendant. \nestimated damages. See liqUidated damages under \nDAMAGES. \nestimated tax. See TAX. \nestimated useful life. See USEFUL LIFE. \nestop (e-stop), vb. (15c) To bar or prevent by estoppel. \nestoppage (e-stop-ij), n. (I8c) The state or condition of \nbeing estopped. \nestoppel (e-stop-;:JI), n. (16c) 1. A bar that prevents one \nfrom asserting a claim or right that contradicts what \none has said or done before or what has been legally \nestablished as true. [Cases: Estoppel (...~52-59.]2. A bar \nthat prevents the relitigation of issues. 3. An affirmative \ndefense alleging good-faith reliance on a misleading \nrepresentation and an injury or detrimental change in \nposition resulting from that reliance. Cf. WAIVER (1). \n[Cases: Estoppel C::::'83-87.] estop, vb. \n\n630 estoppel \n'''Estoppe,' says Lord Coke, 'cometh of the French word \nestoupe, from whence the English word stopped; and it is \ncalled an estoppel or conclusion, because a man's own act \nor acceptance stoppeth or c!oseth up his mouth to allege \nor plead the truth.' [Co. Litt. 352a.] Estoppel may also be \ndefined to be a legal result or 'conclusion' arising from an \nadmission which has either been actually made, or which \nthe law presumes to have been made, and which is binding \non all persons whom it affects.\" Lancelot Feilding Everest. \nEverest and Strode's Law ofEstoppel 1 (3d ed. 1923). \n\"In using the term 'estoppel,' one is of course aware of its \nkaleidoscopic varieties. One reads of estoppel by conduct, \nby deed, by laches, by misrepresentation, by negligence, by \nSilence, and so on. There is also an estoppel by judgment \nand by verdict; these, however, obviously involve proce\ndure. The first-named varieties have certain aspects in \ncommon. But these aspects are not always interpreted by \nthe same rules in all courts, The institution seems to be \nflexible.\" John H. Wigmore, \"The Scientific Role of Consid\neration in Contract,\" in Legal Essays in Tribute to Orrin Kip \nMcMurrav641 , 643 (1935). \nadministrative collateral estoppel. See COLLATERAL \nESTOPPEL. \nassignee estoppel. Patents. The equitable doctrine \nthat bars the assignee of a patent from contesting \nthe patent's validity under some circumstances, as \nwhen the assignee seeks to avoid royalty payments, to \nvoid an assignment contract, or to mitigate damages \nrelated to the assignee's fraudulent acquisition ofthe \npatent. _ The doctrine prevents an assignee from \nSimultaneously attacking and defending the validity \nof the same patent. [Cases: Patents C=> 129(3).] \nassignor estoppel. Patents. Estoppel barring someone \nwho has assigned the rights to a patent from later \nattacking the patent's validity. Westinghouse Elec. \n& Mfg. Co. v. Formica Insulation Co., 266 U.S. 342, \n45 S.Ct. 117 (1924). The doctrine was narrowed by \nDiamond Scientific Co. v. Ambico, Inc., 848 F,2d 1220 \n(Fed. Cir. 1988), 'in which the court held that in some \ncircumstances equity may outweigh the public-policy \nreasons behind the estoppel doctrine. [Cases: Patents \ncollateral estoppel. See COLLATERAL ESTOPPEL. \nequitable estoppel. (18c) 1. A defensive doctrine pre\nventing one party from taking unfair advantage of \nanother when, through false language or conduct, the \nperson to be estopped has induced another person \nto act in a certain way, with the result that the other \nperson has been injured in some way. -This doctrine \nis founded on principles of fraud. The five essential \nelements of this type of estoppel are that (1) there \nwas a false representation"}
{"text": "founded on principles of fraud. The five essential \nelements of this type of estoppel are that (1) there \nwas a false representation or concealment ofmaterial \nfacts, (2) the representation was known to be false by \nthe party making it, or the party was negligent in not \nknowing its falsity, (3) it was believed to be true by the \nperson to whom it was made, (4) the party making \nthe representation intended that it be acted on, or \nthe person acting on it was justified in assuming \nthis intent, and (5) the party asserting estoppel \nacted on the representation in a way that will result \nin substantial prejudice unless the claim of estoppel \nsucceeds. Also termed estoppel by conduct; estoppel in pais. [Cases: Estoppel ~--=52-96.12. See promissory \nestoppel. \nestoppel by conduct. See equitable estoppel. \nestoppel by contract. A bar that prevents a person from \ndenying a term, fact, or performance arising from a \ncontract that the person has entered into. \nestoppel by deed. Estoppel that prevents a party to a \ndeed from denying anything recited in that deed if \nthe party has induced another to accept or act under \nthe deed; esp., estoppel that prevents a grantor of a \nwarranty deed, who does not have title at the time \nof the conveyance but who later acquires title, from \ndenying that he or she had title at the time of the \ntransfer. See AFTER-ACQUlRED-TITLE DOCTRINE. \nAlso termed estoppel by warranty. [Cases: Estoppel \n\"The apparent odiousness of some classes of estoppel, \nchiefly estoppels by deed, seems to result not so much \nfrom the nature of an estoppel, as from the highly techni\ncal rules of real property law upon which it operated, and \nwith which it was aSSOCiated. Estoppels by record, indeed, \nstand upon a considerably higher footing than estoppels by \ndeed ....\" Lancelot Feilding Everest, Everest and Strode's \nLaw ofEstoppel 10 (1923). \nestoppel by election. The intentional exercise of a choice \nbetween inconsistent alternatives that bars the person \nmaking the choice from the benefits of the one not \nselected. \nestoppel by inaction. See estoppel by silence. \nestoppel by judgment. See COLLATERAL ESTOPPEL. \nestoppel by laches. (1894) An equitable doctrine by \nwhich some courts deny relief to a claimant who has \nunreasonably delayed or been negligent in asserting \na claim. [Cases: Equity C=>67.] \nestoppel by misrepresentation. An estoppel that \narises when one makes a false statement that induces \nanother person to believe something and that results \nin that person's reasonable and detrimental reliance \non the belief. [Cases: Estoppel \nestoppel by negligence. An estoppel arising when a neg\nligent person induces someone to believe certain facts, \nand then the other person reasonably and detrimen\ntally relies on that belief. [Cases: Estoppel \nestoppel by record. See COLLATERAL ESTOPPEL \nestoppel by representation. An estoppel that arises \nwhen one makes a statement or admission that \ninduces another person to believe something and that \nresults in that person's reasonable and detrimental \nreliance on the belief; esp., equitable estoppel. [Cases: \nEstoppel C=>82-87.] \nestoppel by silence. (1872) Estoppel that arises when \na party is under a duty to speak but fails to do so. \nAlso termed estoppel by standing by; estoppel by \ninaction. [Cases: Estoppel \nestoppel by standing by. See estoppel by silence. \nestoppel by verdict. See COLLATERAL ESTOPPEL. \nestoppel by warranty. See estoppel by deed. \n\n631 \nestoppel in pais. See equitable estoppel. \nestoppel on the record. See prosecution-history \nestoppel. \nfile-wrapper estoppel. See prosecution-history \nestoppel. \njudicial estoppel. (1886) Estoppel that prevents a \nparty from contradicting previous declarations \nmade during the same or an earlier proceeding ifthe \nchange in position would adversely affect the pro\nceeding or constitute a fraud on the court. -Also \ntermed doctrine ofpreclusion ofinconsistent positions; \ndoctrine ofthe conclusiveness ofthe judgment. [Cases: \nEstoppel ~68.] \nlegal estoppel. Estoppel recognized in law (as distin\nguished from equitable estoppel or estoppel in pais), \nsuch as an estoppel resulting from a recital or other \nstatement in a deed or official record, and preclud\ning any denial or assertion concerning a fact. [Cases: \nEstoppel \nmarking estoppel. Patents. Estoppel that prevents a \nparty from asserting that a product is not covered by \na patent if that party has marked the product with a \npatent number. -This type ofestoppel has been ques\ntioned in recent years, and has been sharply limited \nby some courts. [Cases: Patents ~222.] \npromissory estoppel. (1924) The principle that a \npromise made without consideration may nonethe\nless be enforced to prevent injustice if the promisor \nshould have reasonably expected the promisee to \nrely on the promise and ifthe promisee did actually \nrely on the promise to his or her detriment. -Also \ntermed (inaccurately) equitable estoppel. [Cases: \nEstoppel ~85.] \n''The doctrine of promissory estoppel is equitable in origin \nand nature and arose to provide a remedy through the \nenforcement of a gratuitous promise. Promissory is distinct \nfrom equitable estoppel in that the representation at issue \nis promissory rather than a representation offact. 'Promis \nsory estoppel and estoppel by conduct are two entirely \ndistinct theories. The latter does not require a promise.'\" \nAnn Taylor Schwing, California Affirmative Defenses  \n34:16, at 35 (2d ed. 1996) (quoting Division of Labor Law \nEnforcement v. Transpacific Transp. Co., 88 Cal. App. 3d \n823,829 (Cal. Ct. App. 1979. \nprosecution-history estoppel. Patents. lhe doctrine \nlimiting a patent-holder's invocation of the doctrine \nof equivalents by eliminating from the claims those \nelements that the holder surrendered or abandoned \nduring the prosecution of the patent. -Also termed \nestoppel on the record; file-wrapper estoppel. See \nDOCTRINE OF EQUIVALENTS. [Cases: Patents \n168(2.1).] \nquasi-estoppel. (1823) An equitable doctrine prevent\ning one from repudiating an act or assertion if it \nwould harm another who reasonably relied on the \nact or assertion. \ntechnical estoppel. 1. An estoppel arising from a matter \nof record or from a deed made by the party who is \nclaimed to be estopped. -Estoppels by deed or by \nrecord are called \"technical\" because the rules of estrepement \nestoppel apply with certainty in appropriate cases. \n[Cases: Estoppel~' 1, 12.]2. COLLATERAL ESTOPPEL. \nSee estoppel by deed. \nestoppel certificate. (1897) 1. A signed statement by a \nparty (such as a tenant or a mortgagee) certifying for \nanother's benefit that certain facts are correct, such as \nthat a lease exists, that there are no defaults, and that \nrent is paid to a certain date. - A party's delivery of \nthis statement estops that party from later claiming a \ndifferent state offacts. 2. See WAIVER OF CLAIMS AND \nDEFENSES. \nestoppel per rem judicatam (p;3r rem joo-di-kay-t;3m). \nSee COLLATERAL ESTOPPEL. \nestover (e-stoh-var). (usu. pl.) 1. Wood that a tenant is \nallowed to take for fuel, the manufacture or repair of \nagricultural instruments, and the erection and mainte\nnance of fences and hedges; necessary supplies. Also \ntermed botes. See BOTE (1); common ofestovers under \nCOMMON. 2. The tenant's right to obtain that wood. 3. \nALIMONY. \nestoveriis habendis (es-td-veer-ee-is hd-ben-dis). [Latin] \nHist. See DE ESTOVERIIS HABENDIS. \nestrange, vb. 1. To separate, to keep away (a person or \nthing), or to keep away from (a person or thing). 2. \nTo destroy or divert affection, trust, and loyalty. \nestrangement, n. \nestray (e-stray), n. 1. A valuable tame animal found \nwandering and ownerless; an animal that has escaped \nfrom its owner and wanders about. -At common law, \nan estray belonged to the Crown or to the lord of the \nmanor, but today the general rule is that it passes to \nthe state in trust for the true owner, who may regain it \nby proving ownership. An animal cannot be an estray \nwhen on the range where it was raised and where its \nowner permits it to run, and esp. when the owner is \nknown to the party who takes the animal. [Cases: \nAnimals ~58.1 2. FLOTSAM. \nestreat (e-street), n. (15c) A copy or duplicate of some \noriginal writing or record, esp. of a fine or amercement \nimposed by a court, extracted from the record, and cer\ntified to one who is authorized and required to collect \nit. -Also termed (in Scots law) extract. \nestreat, vb. (16c) To take out a forfeited recognizance \nfrom the recordings ofa court and return it to the court \nto be prosecuted. \nestrepe (e-streep), vb. (17c) 1. To strip; to despoil; to \ncommit waste upon an estate, as by cutting down trees \nor removing buildings. 2. To injure the value ofa rever\nsionary interest by stripping or spoiling the estate. See \nWASTE (1). \nestrepement (e-streep-mant), n. (16c) A species ofaggra\nvated waste, by stripping or devastating land to the \ninjury ofthe reversioner, esp. pending a suit for posses\nsion. See DE ESTREPAMENTO. [Cases: Waste C::> 16.J \n\net, con}. [Latin] And. This conjunction was the intro\nductory word ofseveral Latin and Law French phrases \nthat were once common. \net adjournatur (et aj-<1r-nay-t<1r). [Latin] Hist. And it is \nadjourned. This phrase was used in the old reports, \nwhen argument ofa case was adjourned to another day, \nor where a second argument was had. \net al. (et al or ahl). abbr. 1. [Latin et alii or et alia] And \nother persons <the office of Thomas Webb et al.>. 2. \n[Latin et alibi] And elsewhere. \net alii e contra (et ay-Iee-I ee kon-tr<1). [Latin \"and others \non the other side\"] Hist. A phrase often used in the Year \nBooks, describing a joinder in issue. \net alius (et ay-Iee-<1s). [Latin] And another. \net allocatur (et al-<1-kay-t<1r). [Latin] And it is allowed. \netc. abbr. ET CETERA. \net cetera (et set-<1r-<1). [Latin \"and others\"] (12c) And \nother things. The term usu. indicates additional, \nunspecified items in a series. -Abbr. etc. \net de ceo se mettent en Ie pays (ay d<1 say-oh S<1 me-tawn \non 1<1 pay). [Law French] Hist. And of this they put \nthemselves upon the country. See CONCLUSION TO THE \nCOUNTRY; GOING TO THE COUNTRY. \net de hoc ponit se super patriam (et dee hok poh-nit see \ns[y]oo-p<1r pay-tree-<1m). [Latin] Hist. And of this he \nputs himself upon the country. This was the formal \nconclusion of a common-law plea in bar by way of \ntraverse. \net ei legitur in haec verba (et ee-I lee-j<1-t<1r in heek \nv<1r-b<1). [Latin] Hist. And it is read to him in these \nwords. This phrase was formerly used in entering \nthe prayer ofoyer on the record. \neternal law. See NATURAL LAW. \net habeas ibi tunc hoc breve (et hay-bee-<1s ib-I t<1ngk \nhok bree-vee). [Latin] Hist. And that you have then and \nthere this writ.  These were the formal words directing \nthe return ofa writ. The literal translation was retained \nin the later form ofa considerable number ofwrits. \net habuit (et hab-yoo-it). [Latin \"and he had [it]\"] Hist. \nA common phrase in the Year Books, indicating that a \nparty's application or demand was granted. \nethical, adj. (16c) 1. Of or relating to moral obligations \nthat one person owes another; esp., in law, of or relating \nto legal ethics <the ethical rules regarding confidences>. \nSee LEGAL ETHICS. 2. In conformity with moral norms \nor standards of professional conduct <refusing to \nidentify the informant was a perfectly ethical act>. \nethical absolutism. See MORAL ABSOLUTISM. \nethical consideration. (often cap.) A structural compo\nnent of the ethical canons set forth in the legal pro\nfession's Model Code of Professional Responsibility, \ncontaining a goal or ethical principle intended to guide \na lawyer's professional conduct.  Ethical considerations \nare often used in the interpretation and application of \nthe Model Rules of Professional Conduct. -Abbr. EC. Cf. DISCIPLINARY RULE. [Cases: Attorney and Client \nC=>32(2).] \nethical drug. See DRUG. \nethical jurisprudence. See JURISPRUDENCE. \nethical relativism. See MORAL RELATIVISM. \nethical wall. (1988) A screening mechanism maintained \nby an organization, esp. a law firm, to protect client \nconfidences from improper disclosure to lawyers or \nstaff who are not involved in a particular representa\ntion. The screening mechanism is designed to prevent \nlawyer"}
{"text": "lawyers or \nstaff who are not involved in a particular representa\ntion. The screening mechanism is designed to prevent \nlawyer or law-firm disqualification from certain rep\nresentations because of conflicts of interest. -Also \ntermed screening mechanism; Chinese wall. [Cases: \nAttorney and Client C=>21.15.] \nethics. See LEGAL ETHICS. \nethnic cleansing. (1991) The officially sanctioned forcible \nand systematic diminution or elimination of targeted \nethnic minorities from a geographic area, usu. by con\nfiscating real and personal property, ordering or con\ndoning mass murders and mass rapes, and expelling \nthe survivors . In theory, the purpose ofethnic cleans\ning is to drive all members ofthe victimized group out \nofa territory. In practice, ethnic cleansing is nearly syn\nonymous with genOcide as mass murder is a charac\nteristic ofboth. Ethnic cleansing additionally includes \nmass rapes for two cultural reasons: (1) the victims are \noften put to death by their relatives or commit suicide, \nand (2) any children born are regarded as belonging to \nthe father's ethnic group, not the mother's. Both acts \nmurder and rape -are intended to diminish or extin\nguish the victimized minority. Cf. GENOCIDE. \nethnic profiling. See RACIAL PROFILING. \net hoc paratus est verificare (et hok p<1-ray-t<1s est ver\n<1-fi-kair-ee). [Latin] And this he is prepared to verify. \n This phrase traditionally concluded a plea in confes\nsion and avoidance, or any pleading that contained new \naffirmative matter. A pleading containing this phrase \nwas technically said to \"conclude with a verification,\" \nas opposed to a simple denial. \net hoc petit quod inquiratur per patriam (et hok pet-it \nkwod in-kw<1-ray-t<1r p<1r pay-tree-<1m). [Latin \"and \nthis he prays may be inquired of by the country\"] \nArchaic. The conclusion of a plaintiff's pleading that \ntendered an issue to the country. See CONCLUSION TO \nTHE COUNTRY. \netiam causa non cognita (ee-shee-<1m kaw-z<1 non kog\nni-t<1). [Latin] Hist. Even where the cause is not known; \nabsent an investigation . Some decrees could be issued \nwithout a full factual inquiry or trial. \netiam in articulo mortis (ee-shee-<1m in ahr-tik-p-Ioh \nmor-tis). [Latin] Scots law. Even at the point of death. \n The phrase appeared in reference to a circumstance \nunder which one could revoke a will. \netiam in lecto (ee-shee-<1m in lek-toh). [Law Latin] Hist. \nEven upon deathbed. \net inde petitjudicium (et in-dee pet-it joo-dish-ee-<1m). \n[Latin \"and thereupon he prays judgment\"] Archaic. \n\n633 \nA clause found at the end of a pleading, requesting \njudgment in that party's favor. \netiquette of the profession. See LEGAL ETIQUETTE. \net modo ad hunc diem (et moh-doh ad hangk dI-dm). \n[Latin \"and now at this day\"] Archaic. The formal begin\nning of an entry ofappearance or ofa continuance. \net non (et non). [Latin \"and not\"] Archaic. A phrase \nformerly used in pleading to introduce the negative \naverments ofa special traverse. See ABSQUE HOC. \net seq. (et sek). abbr. [Latin et sequens \"and the folloWing \none,\" et sequentes (masc.) \"and the following ones,\" or \net sequentia (neuter) \"and the following ones\"] (18c) \nAnd those (pages or sections) that follow <11 USCA \n 101 et seq.>. \net sic (et sik). [Latin \"and so\"] Archaic. The introductory \nwords ofa special conclusion to a plea in bar, intending \nto render the plea positive and not argumentative. \net sic ad judicium (et sik ad joo-dish-ee-ilm). [Latin] \nArchaic. And so to judgment. \net sic ad patriam (et sik ad pay-tree-dm). [Latin] Hist. \nAnd so to the country. _ This phrase was used in the \nYear Books to record an issue to the country. \net sic de anno in annum quamdiu ambo bus partibus \nplacuerit (et sik dee an-oh in an-dm kwam-dee-yoo \nam-bil-b<ls pahr-til-bils plak-yoo-air-it). Hist. And so, \nfrom year to year, so long as both parties please, or \nare agreed. -The phrase appeared in reference to tacit \nrelocation. See TACIT RELOCATION. \net sic jecit (et sik fee-sit). [LatinJ Archaic. And he did \nso. \net sic pendet (et sikpen-dit). [Latin] Hist. And so ithangs. \n-This phrase was used in the old reports to signify that \na point was left undetermined. \net sic ulterius (et sik <ll-teer-ee-ils). [Latin] Archaic. And \nso on; and so further; and so forth. \net uxor (et ak-8or). [LatinJ Archaic. And wife. -This \nphrase was formerly common in case names and legal \ndocuments (esp. abstracts oftitle) involving a husband \nand wife jointly. It usu. appears in its abbreviated form, \net ux. <conveyed the land to Donald Baird et ux.>. See \nUXOR. \net vir (et veer). [Latin] Archaic. And husband. See VIR. \nEU. abbr. EUROPEAN L\"NION. \nEuclidean zoning. See ZONING. \neundo et redeundo (ee-an-doh et red-ee-,m-doh). [Latin] \nHist. Going and returning. -This phrase was once used \nto describe vessels in transit. \neundo, morando, etredeundo (ee-an-doh, mil-ran-doh, \net red-ee-;m-doh). [LatinJ Hist. GOing, remaining, and \nreturning. -This phrase was once used to describe a \nperson (for example, a witness or legislator) who is priv\nileged from arrest while traveling to the place where \naSSigned duties are to be performed, while remaining \nthere, and while returning. European Copyright Directive \neunomy (yoo-nil-mee), n. (l9c) A system of good laws \nthat lead to civil order and justice. -Also termed \neunomia. Cf. DYSNOMY. eunomic, adj. \nEuratom. A European Union organization that coor\ndinates the development and use of nuclear energy in \nEurope. -It was created in 1958 and merged with the \nEuropean Economic Community in 1967. Itis governed \nby the Council ofthe European Union. \neureka model. Patents. The view that the inventive \nprocess is the product of a stroke ofluck rather than \nlabor. _ The notion is used to counter labor-based \ntheories justifying intellectual-property rights, since \nno labor is involved in a \"eureka\" discovery. ct LABOR\nDESERT MODEL; VALUE-ADDED MODEL. \neureka moment. Slang. The instant when an inventor \nrealizes the answer to a question or the Significance of \na discovery. Also termed flash ofgenius. \nEuribor. abbr. EURO INTERBANK OFFERED RATE. \neuro (yuur-oh). (1981) The official currency of most \ncountries in the European Union. -On January 1, 1999, \nthe euro became the single currency of the participat\ning countries. Euro notes and coins began circulating \non January 1, 2002. \nEurodollar. (1960) United States currency held in a bank \noutside the U.S., usu. in Europe, and used to settle \ninternational transactions. \nEuro Interbank Offered Rate. A measure ofwhat major \ninternational banks charge each other for large-vol\nume, short-term loans ofeuros, based on interest-rate \ndata prOVided daily by a panel of representative banks \nacross Europe. -Abbr. Euribor. Cf. LONDON INTER\nBANK OFFERED RATE. \nEuropean Commission ofHuman Rights. A body ofthe \nCouncil ofEurope charged with overseeing the opera\ntion of the European Convention on Human Rights. \nThe commission was abolished in 1998. The European \nCourt of Human Rights absorbed its functions. See \nEUROPEAN COURT OF HUMAN RIGHTS. \nEuropean Community. See EUROPEAN UNION. \nEuropean Convention on Human Rights and Funda\nmental Freedoms. A 1950 international agreement to \nprotect human rights. -The European Commission \nfor Human Rights and the European Court for Human \nRights were created under the convention's terms. \n[Cases: Treaties C='8.J \nEuropean Copyright Directive. An official instruction \nofthe European Union designed to promote uniformity \nin certain aspects of copyright law and related rights, \nesp. on the Internet. -Officially titled Directive 2001/29 \non the Harmonisation ofCertain Aspects ofCopyright \nand Related Rights in the Information Society, this is \nthe European Union equivalent of the Digital Millen\nnium Copyright Act. Among other provisions, the \ndirective provides broad exclusive rights of reproduc\ntion and distribution to copyright holders, and requires \nE.U. member nations to prohibit the circumvention of \ntechnical measures and devices intended to prevent \n\n634 European Court of Human Rights \nthe alteration or reproduction of copyrighted works. \n[Cases: Copyrights and Intellectual Property C==>34.] \nEuropean Court ofHuman Rights. The judicial body \nof the Council of Europe. 'the court was set up in \n1959 and was substantially changed in 1994-1998. As \nof 2008, the court had 47 judges, each elected by the \nCouncil of Europe's Parliamentary Assembly. The court \nadjudicates alleged violations of the civil and political \nrights enumerated in the Convention for the Protection \nof Human Rights and Fundamental Freedoms. \nEuropean Currency Unit. A monetary unit that was the \nprecursor of the euro. -Created in 1979, it was an arti\nficial currency used by the members of the European \nUnion as their internal accounting unit. It ceased to \nexist in January 1999, when it was replaced by the \neuro. Abbr. ECV; ecu. See EURO. \nEuropean Economic Community. See EUROPEAN \nUNION. \nEuropean law. (1844) 1. The law of the European Union. \n2. More broadly, the law of the European Union, \ntogether with the conventions ofthe Council ofEurope, \nincluding the European Convention on Human Rights. \n3. More broadly still, all the law current in Europe, \nincluding the law ofEuropean organizations, the North \nAtlantic Treaty Organization, and all the bilateral and \nmultilateral conventions in effect, as well as European \ncustomary law. \nEuropean option. See OPTION. \nEuropean Patent Convention. A 1973 treaty allowing \na patent applicant to obtain patent protection in all \nsignatory nations, mostly European Union members, \nthrough a single blanket filing and examination \nprocedure. -The Community patent is valid in any \nmember nation in which it is registered. The procedure \nis administered through the European Patent Office \nin Munich, Germany and The Hague, Netherlands. -\nAbbr. EPe. Also termed Convention on the Grant of \nEuropean Patent. \nEuropean Patent Office. The office that receives filings, \nconducts examinations, and issues Community patents \napplied for under the European Patent Convention. \nThe office is located in Munich, Germany, and The \nHague, Netherlands. \nEuropean Patent Organization. A centralized patent\ngrant system, established in 1978, comprising a leg\nislative body (the Administrative Council) and an exec\nutive body (the Patent Office). \nEuropean-style option. See European option under \nOPTION. \nEuropean Union. An association of European nations \nwhose purpose is to achieve full economic unity (and \neventual political union) by agreeing to eliminate \nbarriers to the free movement of capital, goods, and \nlabor among the member-nations. -The European \nUnion was formed as the European Economic Com\nmunity (EEC) by the Treaty of Rome in 1957, and \nlater renamed the European Community (EC). The European Community became the European Union \nwhen the Maastricht Treaty on European Union took \neffect in November 1993. Abbr. EU. \neuthanasia (yoo-th,,-nay-zh,,), n. (1869) The act or \npractice of causing or hastening the death of a person \nwho suffers from an incurable or terminal disease or \ncondition, esp. a painful one, for reasons of mercy. \nEuthanasia is sometimes regarded by the law as second\ndegree murder, manslaughter, or criminally negligent \nhomicide. In 2001, the Netherlands became the first \nnation to legalize euthanasia. Also termed mercy \nkilling. See LIVING WILL; ADVANCE DIRECTIVE. Cf. \nassisted suicide under SUICIDE; DYATHANASIA. [Cases: \nHomicide euthanasic (yoo-th,,-nay-zik), \na~j. \n\"The translation of the Greek word euthanasia -'easy \ndeath' contains an ambiguity. It connotes that the means \nresponsible for death are painless, so that the death is \nan easy one. But it also suggests that the death sought \nwould be a relief from a distressing or intolerable condi\ntion of living (or dying), 50 that death. and not merely the \nmeans through which it is achieved, is good or right in \nitself. Usually, both aspects are intended when the term \neuthanasia is used; but when that is not the case, there \ncan be consequences in legal analysis.\" Alexander Morgan \nCapron, \"Euthanasia,\" in 2 Encyclopedia ofCrime andJustice \n709, 709 (Sanford H. Kadish ed., 1983). \nactive euthanasia. Euthanasia performed by a facilita\ntor (such as a healthcare practitioner) who not only \nprovides the means of death but also carries out the \nfinal death-causing act. \ninvoluntary euthanasia. Euthanasia of a competent, \nnonconsenting person. \nnon voluntary euthanasia. Euthanasia ofan incompe\ntent, and therefore nonconsenting, person. \npassive euthanasia"}
{"text": "ia. Euthanasia ofan incompe\ntent, and therefore nonconsenting, person. \npassive euthanasia. The act of allowing a terminally ill \nperson to die by either Withholding or withdrawing \nlife-sustaining support such as a respirator or feeding \ntube. \nvoluntary euthanasia. Euthanasia performed with the \nterminally ill person's consent. [Cases: Health \n913.] \neuthanize (yoo-th,,-nIz), vb. (1873) To put to death by \neuthanasia. This term is used chiefly in reference to \nanimals. Also termed euthanatize. \nevacuee. A person who has been evacuated, esp. because \nofa natural disaster or an imminent man-made danger, \nsuch as war. -This loanword from French dates from \nWorld War I. Cf. displaced person under PERSON (1); \nREFUGEE. \nevaluative fact. See FACT. \nEvarts Act (ev-Jrts). An 1891 federal statute that estab\nlished the circuit courts ofappeals (now U.S. courts of \nappeals) and fixed the contemporary method of federal \nappellate review. \nevasion. See TAX EVASION. \nevasive, adj. (17c) Tending or seeking to evade; elusive; \nshifting. _ Ifa pleading requiring a response is evasive, \n\n635 \nthe responding party may move for a more definite \nstatement. Fed. R. Civ. P. 12(e). \nevasive answer. See ANSWER (2). \neven date. The same date . This jargonistic phrase is \nsometimes used in one instrument to refer to another \ninstrument with the same date, esp. when both relate to \nthe same transaction (as a deed and a mortgage). \nevenings. Hist. The delivery at evening or night to a cus\ntomary tenant of a gratuity in the form of a portion \nof the grass, corn, or other crop that the tenant cuts, \nmows, or reaps for the lord. \neven lot. See round lot under LOT (3). \nevent-driven audit. See AUDIT. \nevergreen contract. See CONTRACT. \nevict, vb. (15c) 1. To expel (a person, esp. a tenant), from \nreal property, usu. by legal process. Also termed put \nout. 2. Archaic. To recover (property or title) from a \nperson by legal process. -evictor, n. \neviction. (16c) The act or process oflegally dispossessing \na person ofland or rental property. See FORCIBLE ENTRY \nAND DETAINER. Cf. EJECTMENT. [Cases: Forcible Entrv \nand Detainer P6; Landlord and Tenant P287.] , \nactual eviction. (18c) A physical expulsion ofa person \nfrom land or rental property. [Cases: Landlord and \nTenant (;::, 171(1).] \nconstructive eviction. (1826) 1. A landlord's act of \nmaking premises unfit for occupancy, often with the \nresult that the tenant is compelled to leave. [Cases: \nLandlord and Tenant 172.] 2. The inability of a \nland purchaser to obtain possession because ofpara\nmount outstanding title . Such an eviction usu. con\nstitutes a breach of the covenants of warranty and \nquiet enjoyment. \neviction by paramount title. An eviction by judicially \nestablishing title superior to that under which the \npossessor claims. Also termed eviction by title \nparamount. [Cases: Landlord and Tenant P 174.] \neviction by title paramount. See eviction by paramount \ntitle. \npartial eviction. An eviction, either constructive or \nactual, from a portion ofa tenant's premises. [Cases: \nLandlord and Tenant P 172(1), 190(2).] \nretaliatory eviction. (1966) An eviction nearly \nalways illegal-commenced in response to a tenant's \ncomplaints or involvement in activities with which \nthe landlord does not agree. [Cases: Landlord and \nTenant (::::>278,284(1),290(3),298(1). \nsummary eviction. (1907) An eviction accomplished \nthrough a Simplified legal procedure, without the for\nmalities of a full trial. [Cases: Landlord and Tenant \nP293.] \ntotal eviction. (1832) An eviction that wholly deprives \nthe tenant of any right in the premises. [Cases: \nLandlord and TenantPl72(l), 190(1).] evidence \nevidence, n. (14c) 1. Something (including testimony, \ndocuments and tangible objects) that tends to prove or \ndisprove the existence of an alleged fact <the bloody \nglove is the key piece of evidence for the prosecution>. \n[Cases: Criminal Law P661; Federal Civil Procedure \nP2011; Trial 43.]2. Seefact in evidence under \nFACT. 3. The collective mass of things, esp. testimony \nand exhibits, presented before a tribunal in a given \ndispute <the evidence will show that the defendant \nbreached the contract>. 4. The body oflaw regulat\ning the admiSSibility ofwhat is offered as proof into \nthe record of a legal proceeding <under the rules of \nevidence, the witness's statement is inadmissible \nhearsay that is not subject to any exception>. Also \ntermed (in sense 4) rules ofevidence. [Cases: Criminal \nLaw P661; Federal Civil Procedure C::=>2011; Trial \nP43.] evidence, vb. \n\"Evidence is any matter of fact which is furnished to a legal \ntribunal, otherwise than by reasoning or a reference to \nwhat is noticed without proof, as the basis of inference in \nascertaining some other matter of fact.\" James B. Thayer, \nPresumptions and the Law ofEvidence. 3 Harv. L. Rev. 141, \n142 (1889). \n\"EVidence, broadly defined, is the means from which an \ninference may logically be drawn as to the existence of \na fact; that which makes eVident or plain. Evidence is the \ndemonstration of a fact; it signifies that which demon\nstrates, makes clear, or ascertains the truth of the very \nfact or point in issue, either on the one side or on the \nother. In legal acceptation, the term 'evidence' includes all \nthe means by which any alleged matter of fact, the truth \nof which is submitted to investigation, is established or \ndisproved. 'Evidence' has also been defined to mean any \nspecies of proof legally presented at the trial of an issue, \nby the act of the parties and through the medium of wit\nnesses, records, documents, concrete objects, and the \nlike.\" 31A c.J.S. Evidence  3, at 67-68 (1996). \nadminicular evidence. Rare. Corroborating or auxil\niary evidence presented for the purpose of explaining \nor completing other evidence. \nadmissible evidence. (18c) Evidence that is relevant and \nis of such a character (e.g., not unfairly prejudicial, \nbased on hearsay, or privileged) that the court should \nreceive it. -Also termed competent evidence; proper \nevidence; legal evidence. [Cases: Criminal Law P \n661; Federal Civil Procedure P20l1; Trial \nautoptic evidence. See demonstrative evidence. \nbest evidence. (I7c) Evidence of the highest quality \navailable, as measured by the nature ofthe case rather \nthan the thing being offered as evidence. The term is \nusu. applied to writings and recordings. If the original \nis available, it must be offered rather than a copy or \noral rendition. Fed. R. Evid. 1002. Also termed \nprimary evidence; original evidence. See BEST-EVI\nDENCE RULE. Cf. secondary evidence. [Cases: Criminal \nLaw C----=> 398-403; Evidence G--=> 157-187.] \n\"In some circumstances, 'best evidence' may mean that \nevidence which is more specific and definite as opposed \nto that which is merely general and indefinite or descrip\ntive. However, 'best evidence' or 'primary evidence' is \nvariously defined as that particular means of proof which \nis indicated by the nature of the fact under investigation \nas the most natural and satisfactory, or as that kind of \nproof which under any possible circumstances affords the \n\ngreatest certainty of the fact in question; or as evidence \nwhich carries on its face no indication that better remains \nbehind.\" 32A c.J.S. Evidence  1054, at 417 (1996). \ncharacter evidence. (1949) Evidence regarding some\none's general personality traits or propensities, of a \npraiseworthy or blameworthy nature; evidence of a \nperson's moral standing in a community. Fed. R. Evid. \n404, 405, 608 . Character evidence is usu., but not \nalways, prohibited if offered to show that the person \nacted in conformity with that character. Cf. reputa\ntion evidence. [Cases: Criminal LawC=>375; Evidence \nC=> 106; Witnesses C=>333-362.] \ncircumstantial evidence. (18c) 1. Evidence based on \ninference and not on personal knowledge or obser\nvation. -Also termed indirect evidence; oblique \nevidence. Cf. direct evidence (1). [Cases: Criminal Law \nC=>338(2), 552; Evidence C=>100,587.]2. All evidence \nthat is not given by eyewitness testimony. \n\"Indirect evidence (called by the civilians, oblique, and more \ncommonly known as circumstantial evidence) is that which \nis applied to the principal fact, indirectly, or through the \nmedium of other facts, by establishing certain circum\nstances or minor facts, already described as evidentiary, \nfrom which the principal fact is extracted and gathered by \na process of special inference ....\" Alexander M. Burrill, A \nTreatise on the Nature, Principles and Rules ofCircumstan\ntial Evidence 4 (1868). \n\"Some circumstantial evidence is very strong, as when you \nfind a trout in the milk.\" Henry David Thoreau, Journal, 11 \nNov. 1850, in 2 Journal of Henry D. Thoreau 94 (Bradford \nTorrey & Francis H. Allen eds., 1962). \n\"Evidence of some collateral fact, from which the existence \nor non-existence of some fact in question may be inferred \nas a probable consequence, is termed circumstantial \nevidence.\" William P. Richardson, The Law of Evidence  \n111, at 68 (3d ed. 1928). \n\"Testimonial evidence readily defines itself by its name; it \nis any assertion by a human being, offered to evidence the \ntruth of the matter asserted. Circumstantial evidence is any \nand all other evidence. Scientifically the term 'circumstan\ntial' is indefensible, for it does not correlate with 'testimo\nnial'; a more correct equivalent would be 'nontestimonial.' \nBut no one has yet invented an acceptable substitute for \n'circumstantial.''' John H. Wigmore, A Students' Textbook of \nthe Law of Evidence 38 (1935). \nclear and convincing evidence. (17c) Evidence indicat\ning that the thing to be proved is highly probable or \nreasonably certain . This is a greater burden than \npreponderance ofthe evidence, the standard applied \nin most civil trials, but less than evidence beyond a \nreasonable doubt, the norm for criminal trials. \nAlso termed clear and convincing proof See REASON\nABLE DOUBT. Cf. PREPONDERANCE OF THE EVIDENCE. \n[Cases: Evidence C=>596(1).] \ncommunicative evidence. See testimonial evidence. \ncompetent evidence. 1. See admissible evidence. 2. See \nrelevant evidence. \nconclusive evidence. (17c) 1. Evidence so strong as to \noverbear any other evidence to the contrary. -Also \ntermed conclusive proof [Cases: Criminal Law \n549; Evidence C=>584(1).] 2. Evidence that so prepon\nderates as to oblige a fact-finder to come to a certain \nconclusion. concomitant evidence. (17c) Evidence that, at the time \nofthe act, the alleged doer of the act was present and \nactually did it. \nconjlicting evidence. (1803) Evidence that comes from \ndifferent sources and is often irreconcilable. \ncorroborating evidence. (17c) Evidence that differs \nfrom but strengthens or confirms what other evidence \nshows (esp. that which needs support). -Also termed \ncorroborative evidence. Cf. cumulative evidence. \ncredible evidence. (17c) Evidence that is worthy of \nbelief; trustworthy evidence. \ncritical evidence. (18c) Evidence strong enough that its \npresence could tilt a juror's mind. Under the Due \nProcess Clause, an indigent criminal defendant is usu. \nentitled to an expert opinion of the merits ofcritical \nevidence. -Also termed crucial evidence. \ncrucial evidence. See critical evidence. \ncumulative evidence. (18c) Additional evidence that \nsupports a fact established by the existing evidence \n(esp. that which does not need further support). Cf. \ncorroborating evidence. [Cases: Criminal Law C=>675; \nFederal Civil Procedure C=>2011; Trial C=>56.] \ndemeanor evidence. (1909) The behavior and appear\nance of a witness on the witness stand, to be con\nsidered by the fact-finder on the issue of credibility. \n[Cases: Criminal Law C=>553; Evidence C=>588.] \ndemonstrative evidence (di-mon-strJ-tiv). (17c) \nPhysical evidence that one can see and inspect (i.e. \nan explanatory aid, such as a chart, map, and some \ncomputer simulations) and that, while of probative \nvalue and usu. offered to clarify testimony, does \nnot playa direct part in the incident in question . \nThis term sometimes overlaps with and is used as a \nsynonym of real evidence. -Also termed illustra\ntive evidence; autoptic evidence; autoptic proference; \nreal evidence; tangible evidence. See nonverbal testi\nmony under TESTIMONY. Cf. real evidence; testimonial \nevidence. [Cases: Criminal Law C=>404.5-404.85; \nEvidence C=> 188-198.] \n''There remains a"}
{"text": ".5-404.85; \nEvidence C=> 188-198.] \n''There remains a source of proof, distinct from either \ncircumstantial or testimonial evidence, viz., what the \ntribunal sees or hears by its own senses. Whether this \nshould be termed 'evidence' or not is a question of words, \nopen to difference of view. But it is universally conceded \nto be an available source of proof. Bentham's term for it, \n'real evidence,' came into wide vogue, but is ambiguous. \nThe term 'autoptic proference' (etymologically meaning \n'showing to the tribunal's own vision') is preferable.\" John \nH. Wigmore, A Students' Textbook of the Law of Evidence \n39 (1935). \nderivative evidence. (1961) Evidence that is discovered \nas a result ofillegally obtained evidence and is there\nfore inadmissible because of the primary taint. See \nEXCLUSIONARY RULE; FRUIT-OF-THE-POISONOUS-TREE \nDOCTRINE. [Cases: Criminal Law C=>394.1(3).] \ndirect evidence. (16c) 1. Evidence that is based on \npersonal knowledge or observation and that, if true, \nproves a fact without inference or presumption. \nAlso termed positive evidence. Cf. circumstantial \n\nevidence; negative evidence. [Cases: Criminal Law~ \n549; Evidence ~5S7.] 2. See original evidence (1). \n\"A little reflection shows that no disputed case will ordinar\nily be proved solely by circumstantial or solely by testimo\nnial evidence. Ordinarily there is evidence of both kinds. \nThe matter has been obscured by the use of the term 'direct \nevidence,' - a term sometimes used to mean testimonial \nevidence in general, but sometimes also limited to apply \nonly to testimony directly asserting the fact-in-issue .... \nThe term 'direct' evidence has no utility.\" John H. Wigmore, \nA Students' Textbook of the Law of Evidence 40 (1935). \ndocumentary evidence. (1Sc) Evidence supplied by a \nwriting or other document, which must be authen\nticated before the evidence is admissible. [Cases: \nCriminal Law ~429-446; Evidence ~325-3S3.] \ndownright evidence. See DOWNRIGHT EVIDENCE. \nevidence aliunde. See extrinsic evidence (1). \nevidence-in-chief (1Sc) Evidence used by a party in \nmaking its case-in-chief. [Cases: Criminal Law ~ \n6S2; Federal Civil Procedure ~2015; Trial ~61.] \nexclusive evidence. (1Sc) The only facts that have, or \nare allowed by law to have, any probative force at all \non a particular matter in issue. \n\"[T]here is an important class of rules declaring certain \nfacts to be exclusive evidence, none other being admis\nsible. The execution of a document which requires attesta\ntion can be proved in no other way than by the testimony \nof an attesting witness, unless owing to the death or some \nother circumstance his testimony is unavailable. A written \ncontract can generally be proved in no other way than by \nthe production of the writing itself, whenever its produc\ntion is possible.\" John Salmond, Jurisprudence 48S (Glan\nville L. Williams ed., 10th ed. 1947). \nexculpatory evidence (ek-sk<ll-p'Hor-ee). (1Sc) \nEvidence tending to establish a criminal defendant's \ninnocence. Fed. R. Crim. P. 16. The prosecution has \na duty to disclose exculpatory evidence in its posses\nsion or control when the evidence may be material \nto the outcome of the case. See BRADY MATERIAL. \n[Cases: Criminal Law~359, 1992.] \nexpert evidence. (16c) Evidence about a scientific, tech\nnical, professional, or other specialized issue given \nby a person qualified to testify because offamiliarity \nwith the subject or special training in the field. -Also \ntermed expert testimony. Fed. R. Evid. 702-705. See \nDAUBERT TEST. [Cases: Criminal Law ~469-494; \nEvidence ~505-574.] \nextrajudicial evidence. (1Sc) Evidence that does not \ncome directly under judicial cognizance but neverthe\nless constitutes an intermediate link between judicial \nevidence and the fact requiring proof.  It includes \nall facts that are known to the tribunal only by way \nofinference from some form ofjudicial evidence. See \nJUDICIAL NOTICE. Cf. judicial evidence. \nextrinsic evidence. (17c) 1. Evidence relating to \na contract but not appearing on the face of the \ncontract because it comes from other sources, such \nas statements between the parties or the circum\nstances surrounding the agreement. Extrinsic \nevidence is usu. not admissible to contradict or add \nto the terms of an unambiguous document. -Also termed extraneous evidence; parol evidence; evidence \naliunde. [Cases: Evidence ~3S4-469.] 2. Evidence \nthat is not legitimately before the court. Cf. intrinsic \nevidence. 3. Evidence that is calculated to impeach a \nwitness's credibility, adduced by means other than \ncross-examination of the witness . The means may \ninclude evidence in documents and recordings and \nthe testimony of other witnesses. See Fed. R. Evid. \n60S(b) & note. \n\"Under [Federal Rule of Evidence] 608(b), if the witness \ndenies engaging in untruthful misconduct, the cross\nexaminer must 'take the witness' answer,' meaning the \nquestioner may not introduce extrinsic evidence to contra\ndict the witness' denial through other witness testimony \nor the introduction of impeaching documents, or indeed \nany other evidence than the cross-examination, even if the \nquestioner waits until it is his turn to put on evidence.\" \nPaul F. Rothstein, The Federal Rules of Evidence 312 (3d \ned. 2003). \nfabricated evidence. (1Sc) False or deceitful evidence \nthat is unlawfully created, usu. after the relevant \nevent, in an attempt to achieve or avoid liability or \nconviction. -Also termedfabricated fact. \nfalse evidence. Seefalse testimony under TESTIMONY. \nforensic evidence. (1Sc) Evidence used in court; esp., \nevidence arrived at by scientific or technical means, \nsuch as ballistic or medical evidence. [Cases: Evidence \n~150.1 \nfoundational evidence. (1946) Evidence that deter\nmines the admissibility ofother evidence. \nhabit evidence. (1921) Evidence of one's regular \nresponse to a repeated specific situation. Fed. R. \nEvid. 406. [Cases: Criminal Law ~3S5; Evidence \n~13S.] \nhearsay evidence. See HEARSAY. \nillegally obtained evidence. (1924) Evidence obtained \nby violating a statute or a person's constitutional or \nother right, esp. the Fourth Amendment guarantee \nagainst unreasonable searches, the Fifth Amendment \nright to remain silent, or the Sixth Amendment right \nto counsel. [Cases: Criminal Law ~394.1-394.6; \nEvidence ~154.] \nillustrative evidence. See demonstrative evidence. \nimmaterial evidence. (1Sc) 1. Evidence lacking in pro\nbative value. 2. Evidence offered to prove a matter \nthat is not in issue. [Cases: Criminal Law ~3S2; \nEvidence ~143.] \nimpeachment evidence. (1S61) Evidence used to under\nmine a witness's credibility. Fed. R. Evid. 607-610. \n[Cases: Witnesses ~311-409.] \nimpertinent evidence. See irrelevant evidence. \nincompetent evidence. (1Sc) Evidence that is for any \nreason inadmissible. [Cases: Criminal Law ~3S5; \nEvidence ~14S.] \nincriminating evidence. (1S7S) Evidence tending to \nestablish guilt or from which a fact-trier can infer \nguilt. \n\ninculpatory evidence (in-kal-pa-tor-ee). (1849) \nEvidence showing or tending to show one's involve\nment in a crime or wrong. \nindirect evidence. See circumstantial evidence (1). \nindispensable evidence. (18c) Evidence without which \na particular fact cannot be proved. \ninsufficient evidence. (17c) Evidence that is inadequate \nto prove or support a finding of something . This \nterm usu. describes a case that is not strong enough \nto even get to the fact-finder. [Cases: Evidence C=> \n584-601.] \nintrinsic evidence. (17c) 1. Evidence brought out by \nthe examination ofthe witness testifying. 2. Evidence \nexisting within a writing. Cf. extrinsic evidence (2). \nirrelevant evidence. Evidence not tending to prove or \ndisprove a matter in issue. Fed. R. Evid. 401-403. \nAlso termed impertinent evidence. See IRRELEVANT. \n[Cases: Criminal Law C=>338; Evidence C=>99.] \njudicial evidence. (17c) Evidence produced in court, \nconsisting of all facts brought to the attention of or \nadmitted into evidence before the tribunal. Cf. extra\njudicial evidence. \nlegal evidence. (17c) 1. See admissible evidence. 2. All \nadmissible evidence, both oral and documentary, of \nsuch a character that it reasonably and substantially \nproves the point rather than merely raising suspicion \nor conjecture. \nmaterial evidence. (17c) Evidence having some logical \nconnection with the facts ofconsequence or the issues. \nCf. relevant evidence; immaterial evidence. [Cases: \nCriminal Law C=>382; Evidence C=> 143.] \nmathematical evidence. (18c) 1. Loosely, evidence that \nestablishes its conclusions with absolute certainty. 2. \nEvidence pertaining to mathematical or statistical \nmatters, or probabilities. \nmediate evidence. See secondary evidence. \nmedical evidence. (18c) Evidence furnished by a doctor, \nnurse, or other qualified medical person testifying in \na professional capacity as an expert, or by a standard \ntreatise on medicine or surgery. [Cases: Criminal Law \nC=>473, 476; Evidence C=>555.l0.] \nmoral evidence. (17c) Loosely, evidence that depends \non a belief, rather than complete and absolute proof. \n Generally, moral evidence is testimonial. \nmultiple evidence. (1926) Evidence with probative or \nother value on more than one issue but usu. admitted \ninto evidence for one specific purpose . Impeach\nment evidence, for example, may not be probative on \na particular issue but may nonetheless affect the jury's \nperceptions ofseveral issues. \nnegative evidence. (17c) Evidence suggesting that an \nalleged fact does not exist, such as a witness's tes\ntifying that he or she did not see an event occur . \nNegative evidence is generally regarded as weaker \nthan positive evidence because a positive assertion \nthat a witness saw an event is a stronger statement than an assertion that a witness did not see it. But \na negative assertion will sometimes be considered \npositive evidence, depending on the witness's oppor\ntunity to see the event. For instance, testimony that \nthe witness watched the entire game and saw no riot \nin the stands is stronger than testimony stating only \nthat the witness did not see a riot. -Also termed \nnegative testimony. Cf. direct evidence (1). [Cases: \nCriminal Law C=>387; Evidence C=> 147,586.] \nnewly discovered evidence. (18c) Evidence existing at \nthe time of a motion or trial but then unknown to a \nparty, who, upon later discovering it, may assert it as \ngrounds for reconsideration or a new trial. See Fed. R. \nCiv. P. 60(b). [Cases: Criminal Law C=>938; Federal \nCivil Procedure C=>928, 2350, 2655; New Trial C=> \n99.] \nno evidence. See NO EVIDENCE. \noblique evidence. See circumstantial evidence (1). \nopinion evidence. (1955) A witness's belief, thought, \ninference, or conclusion concerning a fact or facts. \nFed. R. Evid. 701-705. See OPINION (3); OPINION \nRULE. [Cases: Criminal Law C=>448; Evidence \n470-574.] \n\"In a sense all testimony to matter of fact is opinion \nevidence; i.e. it is a conclusion formed from phenomena \nand mental impressions.' James B. Thayer, A Preliminary \nTreatise on Evidence at the Common Law 524 (1898). \noral evidence. See testimonial evidence. \noriginal evidence. (18c) 1. A witness's statement that \nhe or she perceived a fact in issue by one of the five \nsenses, or that the witness was in a particular physical \nor mental state. -Also termed direct evidence. Cf. \nHEARSAY. 2. See best evidence. \nparol evidence (p;:J-rohl or par-;:Jl). (18c) 1. Evidence \nof oral statements. [Cases: Criminal Law C=>447; \nEvidence C=>384-469.] 2. See extrinsic evidence (1). \nSee PAROL-EVIDENCE RULE. \npartial evidence. (17c) Evidence that establishes one \nofa series offacts. \npersonal evidence. See TESTIMONY. \npositive evidence. See direct evidence (1). \npreappointed evidence. (1850) Evidence prescribed in \nadvance (as by statute) for the proof ofcertain facts. \npreliminary evidence. (18c) Evidence that is necessary \nto begin a hearing or trial and that may be received \nconditionally in anticipation ofother evidence linking \nit to issues in the case. Fed. R. Evid. 104. [Cases: \nEvidence C=> 117; Federal Civil Procedure C=>2014.] \npresumptive evidence. (17c) 1. Evidence deemed suf\nficient to establish another fact unless discredited \nby other evidence. [Cases: Evidence C=>53-89.] 2. \nArchaic. Circumstantial evidence as distinct from \ntestimonial evidence. -Also termed probable \nevidence. \nprima facie evidence (pn-m;:J fay-sh;:J). (18c) Evidence \nthat will establish a fact or"}
{"text": "ie evidence (pn-m;:J fay-sh;:J). (18c) Evidence \nthat will establish a fact or sustain a judgment unless \n\n639 evidence \ncontradictory evidence is produced. [Cases: Evidence \n(>584(1).] \n-The legislative branch may create an evidential presump\ntion, or a rule of 'prima facie' evidence, i.e., a rule which \ndoes not shut out evidence, but merely declares that \ncertain conduct shall suffice as evidence until the opponent \nproduces contrary evidence.\" John H. Wigmore, A Students' \nTextbook of the Law of Evidence 237 (1935). \nprimary evidence. See best evidence. \nprivileged evidence. (1897) Evidence that is exempt \nfrom production to an opposing party or tribunal \n(with certain, limited exceptions) because it is covered \nby one or more statutory or common-law protections, \nsuch as the attorney-client privilege. See privileged \ncommunication under COMMUNICATION. [Cases: \nPrivileged Communications and Confidentiality \n1,2,100.] \nprobable evidence. See presumptive evidence. \nprobative evidence (proh-b;Hiv). (1877) Evidence that \ntends to prove or disprove a point in issue. Cf. relevant \nevidence. [Cases: Criminal Law (>338; Evidence (> \n99.] \nproffered evidence (prof-ard). (1904) 1. Evidence that \nis offered to the court to obtain a ruling on its admis\nsibility. 2. Evidence whose admissibility depends on \nthe existence or nonexistence of a preliminary fact. \n[Cases: Evidence (::::, 117; Federal Civil Procedure C=J \n2011.] \nproper evidence. See admissible evidence. \nprospectant evidence (pra-spek-tant). (1924) Evidence \nthat, before someone does an act, suggests that the \nperson might or might not do the act.  This evidence \ntypically falls into any of five categories: (1) moral \ncharacter or disposition, (2) physical and mental \ncapacity, (3) habit or custom, (4) emotion or motive, \nand (5) plan, design, or intention. \nQueen's evidence. English law. Testimony provided \nby one criminal defendant, usu. under a promise of \npardon, against another criminal defendant. -Also \ntermed (when a king reigns) King's evidence. See \nstate's evidence. \nreal evidence. (17c) 1. Physical evidence (such as \nclothing or a knife wound) that itself plays a direct \npart in the incident in question. Also termed \nphysical evidence. [Cases: Criminal Law (>405; \nEvidence C=:: 188.] 2. See demonstrative evidence. \n\"Anything which is believed for any other reason than that \nsomeone has said so, is believed on real evidence.\" John \nSalmond, jurisprudence 480 (Glanville L. Williams ed., 10th \ned. 1947). \nrebuttal evidence. (1859) Evidence offered to disprove \nor contradict the evidence presented by an opposing \nparty. Rebuttal evidence is introduced in the rebut\nting party's answering case; it is not adduced, e.g., \nthrough cross-examination during the case-in-chief \nof the party to be rebutted. Also termed rebutting \nevidence. [Cases: Criminal Law (>683; Federal Civil \nProcedure C=~)2015; Trial relevant evidence. (18c) Evidence tending to prove \nor disprove a matter in issue. Relevant evidence \nis both probative and material and is admissible \nunless excluded by a spedfic statute or rule. Fed. R. \nEvid. 401-403. -Also termed competent evidence. \nCf. material evidence; probative evidence. [Cases: \nCriminal Law C~338; Evidence \nreputation evidence. (1888) Evidence of what one is \nthought by others to be . Reputation evidence may \nbe introduced as proof of character when character \nis in issue or is used circumstantially. Fed. R. Evid. \n405(a). -Also termed reputalional evidence. Cf. \ncharacter evidence. [Cases: Criminal Law C::;:)375; \nEvidence C;;) 106; Witnesses \nretrospectant evidence (re-tra-spek-t<Jnt). (1929) \nEvidence that, although it occurs after an act has been \ndone, suggests that the alleged doer ofthe act actually \ndid it <when goods have been stolen, and the thief \nis sought, a person's later possession of those goods \namounts to retrospectant evidence that this person \ntook them >. -Also termed traces. \nsatisfactory evidence. (l7c) Evidence that is sufficient \nto satisfy an unprejudiced mind seeking the truth. \nAlso termed sufficient evidence; satisfactory proof \n[Cases: Evidence (::::'584(1).] \nscientific evidence. (17c) Fact or opinion evidence \nthat purports to draw on specialized knowledge of \na science or to rely on scientific principles for its evi\ndentiary value. See DAUBERT TEST. [Cases: Criminal \nLaw (::::>388; Evidence C=:: 150,505-574.] \nsecondary evidence. (17c) Evidence that is inferior \nto the primary or best evidence and that becomes \nadmissible when the primary or best evidence is lost \nor inaccessible . Examples include a copy of a lost \ninstrument or testimony regarding a lost instrument's \ncontents. -Also termed mediate evidence; mediate \ntestimony; substitutionary evidence. See Fed. R. Evid. \n1004. Cf. best evidence. [Cases: Criminal Law ~~398, \n403; Evidence \nsecondhand evidence. See HEARSAY. \nsecret evidence. (1983) Classified information that \nmay be used against a defendant in an immigration \nproceeding but withheld from the defendant, the \ndefendant's lawyer, and the public on national-secu\nrity grounds . The use of secret evidence was made \neasier under the Anti-Terrorism and Effective Death \nPenalty Act of 1996. [Cases: Aliens, Immigration, and \nCitizenship \nsignature evidence. Highly distinctive evidence of \na person's prior bad acts . While ordinarily inad\nmissible, signature evidence will be admitted if it \nshows, for example, that two crimes were committed \nthrough the same planning, design, scheme, or modus \noperandi, and in such a way that the prior act and the \ncurrent act are uniquely identifiable as those of the \ndefendant. See Fed. R. Evid. 404(b). [Cases: Criminal \nLaw (>369.15; Evidence (>129(5), 133.] \n\n640 evidence by inspection \nslight evidence. (ISc) A small quantity ofevidence; esp., \nthe small amount of evidence sufficient to remove a \npresumption from a case or for a rational fact-finder \nto conclude that something essential has not been \nestablished beyond a reasonable doubt. See SLIGHT\nEVIDENCE RULE. \nstate's evidence. (1SS6) Testimony provided by one \ncriminal defendant -under a promise ofimmunity \nor reduced sentence -against another criminal \ndefendant. See TURN STATE'S EVIDENCE. \nsubstantial evidence. (17c) 1. Evidence that a rea\nsonable mind could accept as adequate to support \na conclusion; evidence beyond a scintilla. See SUB\nSTANTIAL-EVIDENCE RULE. [Cases: Administrative \nLaw and Procedure ~791; Evidence ~597.] 2. \nThe product of adequately controlled investigations, \nincluding clinical studies, carried out by qualified \nexperts that establish the effectiveness ofa drug under \nFSA regulations. 21 USCA  355(e). \nsubstantive evidence (s;}b-st;}n-tiv). Evidence offered to \nhelp establish a fact in issue, as opposed to evidence \ndirected to impeach or to support a witness's credibil\nity.[Cases: Criminal Law~337; Evidence ~266.] \nsubstitutionary evidence. See secondary evidence. \nsufficient evidence. See satisfactory evidence. \ntainted evidence. (IS76) Evidence that is inadmissi\nble because it was directly or indirectly obtained by \nillegal means. See FRUIT-OF-THE-POISONOUS-TREE \nDOCTRINE. [Cases: Criminal Law ~394; Evidence \n~154.] \ntangible evidence. Physical evidence that is either real \nor demonstrative. See demonstrative evidence; real \nevidence. \ntestimonial evidence. (1S31) A person's testimony \noffered to prove the truth ofthe matter asserted; esp., \nevidence elicited from a witness. -Also termed com\nmunicative evidence; oral evidence. Cf. demonstrative \nevidence. [Cases: Trial ~43.] \n\"An assertion is testimonial evidence whether made out of \ncourt or in court, if it is offered with a view to persuading \nthe tribunal of the matter asserted.\" John H. Wigmore, A \nStudents' Textbook of the Law of Evidence 120 (1935). \ntraditionary evidence. (1Sc) Evidence derived from a \ndeceased person's former statements or reputation. \nTraditionary evidence is admissible to prove ancestry, \nancient boundaries, or similar facts, usu. when no \nliving witnesses are available to testify. [Cases: Bound\naries ~35(2); Evidence ~274, 302.] \nunwritten evidence. (ISc) Evidence given orally, in \ncourt or by deposition. \nevidence by inspection. See demonstrative evidence \nunder EVIDENCE. \nevidence code. A relatively comprehensive set of statu\ntory provisions or rules governing the admissibility of \nevidence at hearings and trials. \nevidence ofdebt. See SECURITY (4). \nevidence of indebtedness. See SECURITY (4). evidence ofinsurability. Information -such as medical \nrecords or a medical examination -that an insurer \nmay require to establish a potential insured's qualifi\ncation for a particular insurance policy. [Cases: Insur\nance ~2052.] \nevidence of title. (17c) The means by which the own\nership of land is satisfactorily demonstrated within a \ngiven jurisdiction. See DEED (2), (3). [Cases: Property \n~9.] \n\"There are four kinds of evidence of title: abstract and \nopinion, certificate oftitle, title insurance and Torrens cer\ntificate. The certificate of title is used extenSively in the \nEastern states, and some Southern states. In urban centers \nin a great many sections of the country, title insurance \noccupies a dominant position in real estate transactions. \nIn farm areas the abstract and opinion method is common. \nTo a great extent, the acceptability of a particular kind \nof evidence of title depends on the local custom.\" Robert \nKratovil, Real Estate Law 170 (6th ed. 1974). \nevidence rules. See EVIDENCE (4). \nevidencing feature. Evidence. A group ofcircumstances \nthat, when taken as a whole, form a composite feature \nthat can be reliably associated with a single object . \nThis term appears more frequently in criminal cases \nthan in civil. In criminal cases, it usu. refers to evidence \nthat establishes a perpetrator's identity, but in civil \ncases it often refers to evidence that an event did or \ndid not occur. -Also termed evidencing mark; evi\ndential mark. \nevidencing mark. See EVIDENCING FEATURE. \nevidentia (ev-i-den-shee-;}), n. [Law Latin] Evidence. \nevidential, adj. Of, relating to, relying on, or constituting \nevidence; EVIDENTIARY (1). \nevidential fact. See evidentiary fact (2) under FACT. \nevidential mark. See EVIDENCING FEATURE. \nevidentiary (ev-i-den-sh;}-ree), adj. (1SlO) 1. Having the \nquality ofevidence; constituting evidence; evidencing. \n2. Pertaining to the rules of evidence or the evidence \nin a particular case. \nevidentiary fact. See FACT. \nevidentiary hearing. See HEARING. \nevince, vb. (17c) To show, indicate, or reveal <in abstain\ning from the vote, Hariden evinced misgivings about \nthe nomination>. \nevocation (ev-<\"l-kay-sh:m). French law. The act of with\ndrawing a case from an inferior court and bringing it \nbefore a superior court. \nevocative trademark. See suggestive trademark under \nTRADEMARK. \nevolution statute. See ANTI-EVOLUTION STATUTE. \newage (yoo-ij), n. [Law French] Hist. A toll paid for water \npassage. \nex. (ISc) 1. Former <ex-wife>. 2. Without <ex rights>. 3. \nFrom <ex cathedra>. 4. (usu. cap.) abbr. Exhibit <Ex. \n4>. 5. abbr. Example <this is but one ex. ofseveral that \nmight be cited>. 6. (cap.) abbr. EXCHEQUER. \n\n641 \nex abundanti (eks ab-an-dan-tI). [Latin \"out of abun\ndance\"] Archaic. Abundantly; superfluously. \nex abundanti cautela (eks ab-an-dan-tJ kaw-tee-la). \n[Latin] Archaic. Out ofabundant caution; to be on the \nsafe side. \nexacta diligentia. See DILIGENTIA. \nexaction, n. (15c) 1. The act ofdemanding more money \nthan is due; extortion. 2. A fee, reward, or other com\npensation arbitrarily or wrongfully demanded. [Cases: \nExtortion and Threats (;:=-7,25.1.] -exact, vb. \nexactor. 1. Civil law. A tax collector; a gatherer or receiver \nofmoney. 2. Hist. A collector ofpublic funds; a tax col\nlector. \nex adverso (eks ad-var-soh). [Latin] On the other side . \nThis term is sometimes applied to opposing counsel. \nex aequitate (eks ee-kwa-tay-tee). [Latin] According to \nequity; in equity. \nex aequo et bono (eks ee-kwoh et boh-noh). [Latin] \nAccording to what is equitable and good . A decision\nmaker (esp. in international law) who is authorized to \ndecide ex aequo et bono is not bound by"}
{"text": ". A decision\nmaker (esp. in international law) who is authorized to \ndecide ex aequo et bono is not bound by legal rules and \nmay instead follow equitable principles. For example. \narticle 38(2) of the Statute of the International Court \nof Justice provides that the Court may decide a case \nex aequo et bono if the parties agree thereto.\" 37 ILM \n999. [Cases: Equity~54.] \nex-all. Without all rights and privileges . Securities sold \nex-all reserve all rights and privileges, such as pending \ndividends, to the seller. \nex altera parte (eks al-tar-a [or awl-J pahr-tee). [Latin] \nOf the other part. \nexamen (eg-zay-m;m), n. [Law Latin] A trial; investiga\ntion. \nexamen computi (eg-zay-man bm-pyoo-tI). [Latin] The \nbalance of an account. \nexamination. (14c) 1.1he questioning of a witness under \noath. See DIRECT EXAMINATION; CROSS-EXAMINATION. \n[Cases: Witnesses (>-:>224-228.] 2. Bankruptcy. The \nquestioning ofa debtor, esp. at the first meeting ofcred\nitors, concerning such matters as the bankrupt's debts \nand assets. [Cases: BankruptcyC=>3040.]3. An inquiry \nmade at the U.S. Patent and Trademark Office, upon \napplication for a patent, into the alleged invention's \nnovelty and utility, and whether it interferes with any \nother pending application or in-force patent. [Cases: \nPatents 104.] 4. Banking. The government's fact\nfinding mechanism for determining the soundness of \na bank's finances and management. [Cases: Banks and \nBanking 17,235.] 5. Insurance. A periodic investi\ngation by a state insurance commission into the affairs \nand soundness of an insurance company licensed in \nthat state. [Cases: Insurance 1048.] \npreliminary examination. Patents. A patent office's \ninitial review of an application, usu. to see whether \nthe specification is properly set out and to prepare a \nsearch report. Patents C-~104.] examining board \n4. PRELIMINARY HEARING. 5. A test, such as a bar exam\nination. \nexamination before trial. See DEPOSITION (1). \nexamination-in-chief. See DIRECT EXAMINATION. \nexamination on the voir dire. See VOIR DIRE. \nexamination pro interesse suo (proh in-t<'Jr-es-ee sly] \noo-oh). [l.atin \"according to his interest\"] A judicial \ninquiry into the merits of a person's claim to seques\ntered property. [Cases: Sequestration \n\"In practice. an examination pro interesse suo is an inquiry \ndescribed as follows: When any person claims to be entitled \nto an estate or other property sequestered, whether by \nmortgage or judgment, lease or otherwise, or has a title \nparamount to the sequestration, he should apply to the \ncourt to direct an inquiry whether the applicant has any \nand what interest in the property sequestered.\" 79A c.J,S. \nSequestration  31. at 589 (1995). \nexamination system. Patents. A patent system in which \nan invention is subjected to official scrutiny to deter\nmine whether it qualifies for patent protection. Cf. REG\nISTRATION SYSTEM. \nexamined copy. See COpy, \nexaminer. (16c) 1. One authorized to conduct an exami\nnation; esp,. a person appointed by the court, esp. a \ncourt of equity, to administer an oath and take testi\nmony. -Also formerly termed examiner ill chancery. \nSee MASTER (2). 2. A patent officer responsible for deter\nmining the patentability ofan invention submitted to \nthe patent office. [Cases: Patents 104.] 3. MEDICAL \nEXAMlNER. 4. BANK EXAMINER. \nexaminer in chancery. See EXAMINER (1). \nexaminer-in-chief. Hist. Patents. 1. A member of the \nquasi-judicial body in the U.S. Patent and Trademark \nOffice that formerly heard appeals ofinterference deci\nsions and patent-application rejections. 2. (pl. cap.) The \nbody comprising those members; the predecessor ofthe \nBoard of Appeals, the Board of Patent Interferences, \nand the present-day Board of Patent Appeals and Inter\nferences. \nexaminer's amendment. Patents & Trademarks. Minor \nchanges in the form ofa patent or trademark applica\ntion, made by the examiner rather than the applicant \n For example, the examiner may correct spelling and \ngrammar rather than wait for the applicant to respond. \nA patent examiner may also amend or cancel claims if \nauthorized by the applicant. [Cases: Patents C= 104; \nTrademarks (>~1287.] \nexaminer's answer. Patents. The brief filed by a patent \nexaminer with the Board of Patent Appeals and Inter\nferences to rebut the arguments in an appeal brief and \nto defend the examiner's decision to reject the applica\ntion. Cf appeal briefunder BRIEF. [Cases: Patents \nl11.J \nexamining authority. See AUTHORITY (3). \nexamining board. (1851) An appointed group ofpublic \nofficials responsible for conducting the tests required \nby those applying for occupational and profeSSional \n\n642 examining court \nlicenses. Also termed board ofexaminers. [Cases: \nLicenses \nexamining court. See COURT. \nexamining group. Patents. A subunit ofthe Patent Office \nconsisting ofpatent examiners who specialize in a par\nticular area oftechnology. [Cases: Patents (::::::0 104.] \nexamining trial. See PRELIMINARY HEARING. \nexample. Patents. A detailed description of an inven\ntion's embodiment.  Alternatives without detail may \nbe referred to as by example. Also termed specific \nexample; working example. [Cases: Patents (::::::099.] \nexannual roll (eks-an-yoo-al). Rist. In England, a roll \ninto which illeviable fines and desperate debts were \ntranscribed and that was annually read to the sheriff \nupon his accounting to see what might be gotten. \nex ante (eks an-tee), adj. & adv. [Latin \"from before\"] \n(1937) Based on assumption and prediction, on how \nthings appeared betorehand, rather than in hindSight; \nsubjective; prospective <from an ex ante perspective>. \nCf. EX POST. \nex arbitrio judicis (eks ahr-bi-tree-oh joo-di-sis). \n[Latin] Civil law. At, from, or upon the discretion of \nthe judge. \nex assensu curiae (eks a-sen-s[y]oo kyoor-ee-ee or -I). \n[Latin] By or with the consent of the court. \nex assensu patris (eks a-sen-sly]oo pay-tris). [Latin \"by \nor with the consent of the father\"] Rist. A species of \ndower ad ostium ecclesiae, under which a husband, by \nhis father's express consent, would endow his wife with \na parcel ofthe father's lands . This type ofdower was \nabolished in England by the Dower Act (1833). St. 3 & \n4 Will. 4, ch. 105,  13. \nex assensu suo (eks a-sen-s[y]oo s[y]oo-oh). [Latin \"with \nhis assent\"] Formal words in a default judgment for \ndamages. \nex auditu (eks aw-di-t[y]oo). [Latin] Rist. By hearsay; \nby report. \nex bonis (eks boh-nis). [Latin] Civil law. Ofor relating to \ngoods or property. \nex bonis maternis (eks boh-nis ma-tdf-nis). [Latin] Rist. \nOut of the goods succeeded to through the mother. \nex bonis paternis (eks boh-nis pa-tar-nis). [Latin] Rist. \nOut of the goods succeeded to through the father. \nexcambiator (eks-kam-bee-ay-tar), n. [Latin] Rist. An \nexchanger of lands; a broker. \nexcambion (eks-kam-bee-ahn), n. Scots law. 1. The \nexchange of one piece of property for another, esp. an \nexchange ofheritable estates. 2. EXCAMBIUM (1). \nexcambium (eks-kam-bee-am), n. [Latin] 1. An \nexchange; a place where merchants meet to transact \ntheir business. -Also termed (in Scots law) excam\nbion. 2. An equivalent in recompense; a recompense in \nlieu ofdower ad ostium ecclesiae. \nex capite (eks kap-i-tee). [Latin] On the ground of; by \nreason of. See LIEGE POUSTIE. ex capite doli (eks kap-i-tee doh-h). [Law Latin] Rist. \nOn the ground ofdole; for the reason offraud. Also \ntermed ex capite fraudis. \nex capite inhibitionis (eks kap-i-tee in-hi-bish-ee-oh\nnis). [Law Latin] Scots law. On the ground ofinhibition. \nSee INHIBITION (4). \nex capite interdictionis (eks kap-i-tee in-tar-dik-shee\noh-nis). [Law Latin] Rist. On the ground of interdic\ntion. See INTERDICTION. \nex capite lecti (eks kap-i-tee lek-tI). [Law Latin] Scots \nlaw. On the ground ofdeathbed . Under some cir\ncumstances, a legal heir could overturn a deed that a \ngrantor made to the heir's detriment if the deed were \nmade within 60 days before the grantor's death. \nex capite metus (eks kap-i-tee ruee-tas). [Law Latin] Scots \nlaw. On the ground of fear.  A transaction could be \nrescinded if it were induced by serious threats. \nex capite minorennitatis et laesionis (eks kap-i-tee min\nor-en-i-tay-tis et lee-z[h]ee-oh-nis). [Law Latin] Scots \nlaw. On the ground ofminority and lesion . The phrase \nappeared in reference to a ground upon which a minor \ncould be restored against deeds granted by him during \nhis minority. The phrase also referred to a basis upon \nwhich a minor could set aside a deed (on the ground of \nlesion) if the deed were substantially onerous. \nex cathedra (eks ka-thee-dra or kath-a-dra), adv. &adj. \n[Latin \"from the chair\"] (l7c) By virtue ofone's high \noffice or position; with authority <ex cathedra pro\nnouncements>. \nex causa (eks kaw-za). [Latin] By title. \nex causa lucrativa (eks kaw-za loo-kr .. -tI-va). [Latin] \nRist. From a lucrative source; gratUitously. \nex causa mandati (eks kaW-Zd man-day-tr). [Latin] \nScots law. On account ofthe mandate; because ofthe \nmandate. \n\"A mandatory is entitled to claim from the mandant \nreimbursement of all moneys disbursed, as well as relief \nfrom all obligations incurred, ex causa manclati i.e., on \naccount of the matter which the mandate authorised to be \ndone or performed.\"John Trayner, Trayner's Latin Maxims \n195 (4th ed. 1894). \nex causa potestatis (eks kaw-za poh-tes-tay-tis). Roman \nlaw. Because of his position of authority . Certain \nmen could not marry women who were subject to their \nguardianship or control, and the reason was said to be \nex causa potestatis. \n\"Certain impediments to marriage in the civil law were \ndescribed as being ex causa potestatis. Th us a tutor or \ncurator could not marry his female ward until his office \nhad terminated, or unless his accounts had been passed. \nA person administering a government or public office in a \nprovince, and the members of his family, were not permit\nted to intermarry with a person domiciled in his province, \nunless they had been betrothed to each other before he \nhad accepted the office.\" Alexander Wood Renton & George \nGrenville Phillimore, The Comparative Law ofMarriage and \nDivorce 6 (1910). \nexcellency. (usu. cap.) (16c) A title of honor given to \ncertain high officials or dignitaries, such as gover\n\n643 \t exceptio \nnors, ambassadors, and Roman Catholic bishops or \narchbishops. \nExcelsior list. Labor law. A roster of the names and \naddresses of employees who are eligible to vote in a \nunion election. _ The NLRB requires an employer to \nfile the list within seven days after the employer and a \nunion reach a consent-election agreement. Excelsior \nUnderwear, Inc., 156 N.L.R.B. 1236 (1966). [Cases: \nLabor and Employment 1191.] \nexceptio (ek-sep-shee-oh), n. [Latin] Hist. 1. An excep\ntion, plea, or objection. 2. Roman & civil law. A defen\ndant's plea admitting the claim in principle but alleging \nfacts or legal provisions that negate it in this instance. \n3. A defense to a claim that is justly brought but that \nunjustly accuses the particular defendant named. PI. \nexceptiones (ek-sep-shee-oh-neez). \nexceptio dilatoria (dil-d-tor-ee-d). A dilatory excep\ntion; an exception that defeated the action for a time \nand created a delay, such as an agreement not to sue \nwithin a certain time. \nexceptio doli \t mali (doh-ll mal-I). An exception, \ndefense, or plea of fraud. Sometimes shortened to \nexceptio doli. \nexceptio dominii (dd-min-ee- I). A claim of ownership \nby the defendant in an action to recover property. \nexceptio dotis cautae non tlumeratae (doh-tis kaw-tee \nnon n[y]oo-md-ray-te"}
{"text": "autae non tlumeratae (doh-tis kaw-tee \nnon n[y]oo-md-ray-tee). A defense to an action for \nthe restitution of dowry, asserting that, although \npromised, dowry was never paid. \nexceptio in factum (in fak-t ..m). An exception on the \nfacts; an exception or plea founded on the peculiar \ncircumstances of a case. \nexceptio in personam (in p ..r-soh-nJm). A plea or \ndefense of a personal nature that only the person to \nwhom it is granted by law may assert. \nexceptio in rem (in rem). A plea or defense that is not \nof a personal nature but is connected with the legal \ncircumstances on which the suit is founded, and that \nmay therefore be alleged by any party in interest, such \nas an heir or surety ofthe proper or original debtor. \nexceptio jurisjurandi (joor-is-juu-ran-dr). An excep\ntion of oath; an exception or plea that the matter had \nbeen sworn to. -This kind of exception was allowed \nif a debtor, at a creditor's instance, had sworn that \nnothing was due the creditor, but the creditor sued \nanyway. \nexceptio metus (met-ds). An exception, defense, or \nof fear or compulsion. \nexceptio non adimpleti contractus (non ad-im-plee\ntI k ..n-trak-tds). An exception in a contract action \ninvolving mutual duties or obligations, to the effect \nthat the plaintiff may not sue if the plaintiff's own \nobligations have not been performed. \nexceptio non numeratae pecuniae (ek-sep-shee-oh non \nn[y]oo-m ..-ray-tee pi-kyoo-nee-ee). [Latinl Roman \nlaw. An exception or defense that money was not \npaid. 'This was one of the Roman law exceptions, founded on the \nobligatio literarum of the Romans, The obligatio literarum \nwas constituted by a writing, the granter of which acknowl\nedged receipt from the creditor of a certain sum of money. \nBut as the obligation was sometimes granted before the \nmoney was advanced, spe numerandae pecuniae, by the \nRoman law, the obligation, until the lapse of two years \nafter its date and delivery, did not prove the receipt of the \nmoney; and the debtor against whom, within that time, a \ndemand for repayment was made, might plead the exceptio \nnon numeratae pecuniae; that is, that the money of which \nrepayment was demanded, was truly never advanced. The \nexception was sufficient to elide the demand, unless the \ncreditor proved that he had advanced the money,\" William \nBell, Bell's Dictionary and Digest of the Law ofScotland 426 \n(George Watson ed., 7th ed, 1890). \nexceptio non solutae pecuniae (non sJ-Ioo-tee pi\nkyoo-nee-ee). A plea that the debt at issue in the suit \nhad not been discharged by payment (as the adverse \nparty alleged), notwithstanding the existence of a \nreceipt or acquittance reflecting payment. Cf. excep\ntion pecuniae non numeratae. \nexceptio pacti conventi (pak-tI-kdn-ven-tI). An excep\ntion of compact; a defense or plea that the plaintiff had \nagreed not to sue. \nexceptio pecuniae non numeratae (pi-kyoo-nee-ee \nnon n[y]oo-md-ray-tee). An exception or plea of \nmoney not paid; a defense by a party who was sued \non a promise to repay money that was never received \nfrom the plaintiff. Cf. exceptio non solutae pecuniae; \nPECUNIA NON NUMERATA. \nexceptio peremptoria (pdr-emp-tor-ee-J). A peremp\ntory exception that forever destroyed the subject \nmatter or ground of the action, such as the exceptio \ndoli mali and the exceptio metu5. -Also termed \nexceptio perpetua. \nexceptio plurium concubentium (ploof-ee-Jm kon\nkyoo-ben-shee-Jm). Rare. The plea or defense in a \npaternity action that the plaintiff had several lovers \naround the time of conception. \nexceptio rei judicatae (ree-I joo-dd-kay-tee). An \nexception or plea of matter adjudged; a plea that the \nsubject matter of the action had been determined in \na previous action. \nexceptio rei venditae et traditae (ree-I ven-d~-tee \net trad-d-tee). An exception or plea of the sale and \ndelivery [of a thing]. _ This exception presumes a \nvalid sale but, because no one can transfer a right \ngreater than what is possessed, no valid transfer of \nproperty occurred, yet the real owner is nonetheless \nestopped from contesting the sale. \nexceptio senatusconsulti Macedoniani (sd-nay-t;)s\nk;m-s;)l-tI mas-d-doh-nee-ay-nr). A defense to an \naction for the recovery of money loaned, on the \nground that the loan was made to a person who was \nunder another person's paternal power . This defense \nis so named from the decree of the senate that forbade \nthe recovery of such loans. \nexceptio senatusconsulti Velleiani (sd-nay-tds-bn\nS;)I-tl vel-ee-ay-nr). A defense to an action on a \ncontract of suretyship, on the ground that the surety \n\n644 exception \nwas a woman and thus incapable ofbecoming bound \nfor another.  This defense is so named from the \ndecree of the senate forbidding such sureties. \nexceptio temporis (tem-p;:>-ris). An exception or plea \nthat the time prescribed by law for bringing a particu\nlar action has expired. \nexception, n. (14c) L A formal objection to a court's \nruling by a party who wants to preserve an overruled \nobjection or rejected proffer for appeal <the prosecu\ntor stated her exception to the court's ruling disallow\ning the witness's testimony> . To make an exception \nor objection, attorneys sometimes say, \"I except\" or \"I \nobject.\" Exception properly refers only to an objection \nmade after an initial objection or proffer is made and \noverruled. In most courts, an exception is no longer \nrequired to preserve the initial objection. [Cases: \nAppeal and Error C=248-280; 1048-1060; Pleading \nC=228-228.23.] \nThe following quotation reflects former practice: \"The \nexception must be distinguished from the objection. Many \ncounsel are heard carelessly saying 'I except' when the \nthing they are dOing is 'I object.' The exception serves an \nentirely distinct purpose from the objection, ~a double \npurpose, in fact. It warns the judge and the other party that \nthe excepter is not satisfied with the ruling and takes issue \nwith a view to appeal; and it sums up and preserves the \nprecise terms of the ruling. The proponent of the evidence \nis the excepter if the ruling excludes the evidence; but if \nit admits the evidence, the opponent of the evidence is \nthe excepter. Thus the excepter and the objector are not \nnecessarily the same parties.\" John H. Wigmore, A Students' \nTextbook ofthe Law of Evidence 421 (1935). \ndeclinatory exception (di-khn-d-tor-ee). Louisiana law. \nAn exception to a court's jurisdiction. -Grounds for \nrefuSing to submit to a court's jurisdiction include \nlack of personal jurisdiction and insufficient service \nof process. [Cases: Pleading \ndilatory exception (dil-d-tor-ee). (1822) Louisiana law. \nAn exception intended to delay but not dismiss an \naction. [Cases: Pleading C=>228.6, 228.7.] \ngeneral exception. (16c) 1. An objection pointing \nout a substantive defect in an opponent's pleading, \nsuch as the insufficiency of the claim or the court's \nlack of subject-matter jurisdiction; an objection to \na pleading for want of substance. -Also termed \ngeneral demurrer. Cf. SPECIAL EXCEPTION (1). [Cases: \nPleading C=>228.13.] 2. An objection in which the \nexcepting party does not specify the grounds of the \nobjection. \nperemptory exception. (16c) Louisiana law. A defensive \npleading asserting that no legal remedy exists for the \nplaintiffs alleged injury, that res judicata or prescrip\ntion bars the claim, or that an indispensable party has \nnot been included in the litigation. [Cases: Pleading \nC=>228.8.] \nspecial exception. See SPECIAL EXCEPTION. \n2. Something that is excluded from a rule's operation \n<employers with fewer than five employees are an \nexception to the rule>. statutory exception. (18c) A provision in a statute \nexempting certain persons or conduct from the stat\nute's operation. [Cases: Statutes \n3. The retention of an existing right or interest, by \nand for the grantor, in real property being granted to \nanother. Cf. RESERVATION (1). [Cases: Deeds 137, \n141.] -except, vb. \nexceptionable (ek-sep-shdn-;:>-b;:>l), adj. (17c) Liable to \nobjection; OBJECTIONABLE. \nexceptional charge. See special charge under CHARGE. \nexception clause. A clause that attempts to modify or \nexclude the prima facie obligations that arise when a \ndocument is signed. -Also termed exemption clause. \n[Cases: DeedsC~137-140.] \nexceptio plurium concubentium defense. 1. See \nMULTIPLE ACCESS. 2. See exceptio plurium concuben\ntium under EXCEPTIO. \nexceptis eXcipiendis (ek-sep-tis ek-sip-ee-en-dis). [Latin] \nWith all necessary exceptions. \nexceptor, n. One who takes exception; an objector. \nAlso spelled excepter. \nexcerpta (ek-s;,rp-t;:l), n. pl. [Latin] Extracts. \nex certa scientia (eks s;,r-td sI-en-shee-d). [Latin] Of \ncertain or sure knowledge . This phrase was anciently \nused in patents, and imported full knowledge of the \nsubject matter on the part ofthe sovereign. \nexces de pouvoir (ek-say d;:> poo-vwahr). [French \n\"excess of power\"] 1. Int'llaw. Beyond the powers (of \na tribunal). 2. Administrative law. Beyond the powers \nofan official. \nexcess-benefit plan. See EMPLOYEE BENEFIT PLAN. \nexcess clause. An insurance-policy provision -usu. \ncontained in the \"other insurance\" section of the \npolicy -that limits the insurer's liability to the amount \nexceeding other available coverage . This clause essen\ntially requires other insurers to pay first. Cf. ESCAPE \nCLAUSE; PRO RATA CLAUSE. [Cases: Insurance \n2110.] \nexcess condemnation. See CONDEMNATION. \nexcess damages. See DAMAGES. \nexcess insurance. See INSURANCE. \nexcess insurer. See INSURER. \nexcessive assessment. See ASSESSMENT. \nexcessive bail. See BAIL (1). \nexcessive damages. See DAMAGES. \nexcessive drunkenness. See DRUNKENNESS. \nexcessive execution. An exercise ofa power ofappoint\nment exceeding the limits (express or statutory) set on \nthe use of the power. \nexcessive fine. See PINE (5). \nExcessive Fines Clause. (1986)The clause of the Eighth \nAmendment to the U.S. Constitution prohibiting the \nimposition ofexcessive fines. [Cases: Fines C=> 1.3.] \n\n645 Exchequer Division \nexcessive force. See FORCE. \nexcessive punishment. See PUNISHMENT. \nexcessive sentence. See SENTENCE. \nexcessive verdict. See VERDICT. \nexcess judgment. See JUDGMENT. \nexcess jurisdiction. See EXCESS OF JURISDICTION (1). \nexcess-liability damages. See excess damages under \nDAMAGES. \nexcess limits. Insurance coverage against losses in excess \nofa speCified limit. \nexcess-lines insurance. See surplus-lines insurance \nunder INSURANCE. \nexcess margin. Equity in a brokerage firm's customer \naccount that exceeds either the legal-minimum dollar \namount for a margin account or the maintenance \nrequirement. \nexcess of jurisdiction. (17c) 1. A court's acting beyond \nthe limits of its power, usu. in one of three ways: (1) \nwhen the court has no power to deal with the kind of \nmatter at issue, (2) when the court has no power to deal \nwith the particular person concerned, or (3) when the \njudgment or order issued is of a kind that the court \nhas no power to issue. [Cases: Courts 40.] 2. \nA court's departure from recognized and established \nrequirements oflaw, despite apparent adherence to \nprocedural form, the effect of which is a deprivation \nof one's constitutional right. -Also termed excess \njurisdiction. \nexcess ofprivilege. (1889) 1. An excessive publication of \na privileged statement -that is, beyond the limits of \nthe privilege. [Cases: Libel and Slander 2. The \nimproper and malicious use ofthe privilege to publish \na statement. [Cases: Libel and Slander (;:::7 50.] \nexcess policy. See excess insurance under INSURANCE. \nexcess-profits tax. See TAX. \nexcess reinsurance. See REINSURANCE. \nexcess reserve. See RESERVE. \nexcess theory. Insurance. The principle that a tortfeasor \nwill be considered underinsured if the injured party's \ndamages exceed the tortfeasor's liability-insurance \ncoverage. _ This principle allows an injured party \nto invoke underinsured-motorist coverage. Cf. GAP \nTHEORY. [Cases: Insurance C::)2787.] \nexcess vote. See VOTE (i). \nexcess water. See WATER. \nexchange, n. (14c) Commercial law. L The act of trans\nferring interests, each in consideration for the other. \n[Cases: Exchange"}
{"text": "4c) Commercial law. L The act of trans\nferring interests, each in consideration for the other. \n[Cases: Exchange of Property ~1.) \nbargained-for exchange. See BARGAINED-FOR \nEXCHANGE. \nlike-kind exchange. See LIKE-KIND EXCHANGE. \ntax-free exchange. See TAX-FREE EXCHANGE. \n1031 exchange. See 1031 EXCHANGE. 2. Money or negotiable instruments presented as \npayment; CURRENCY. See MEDIUM OF EXCHANGE. 3. \nIhe interchange or conversion ofmoney. See FOREIGN \nEXCHANGE. 4. Ihe payment of a debt using a bill of \nexchange or credit rather than money. 5. An orga\nnization that brings together buyers and sellers of \nsecurities, commodities, and the like to promote uni\nformity in the customs and usages of merchants, to \nfacilitate the speedy adjustment of business disputes, \nto gather and disseminate valuable commercial and \neconomic information, and to secure to its members \nthe benefits of cooperation in the furtherance of their \nlegitimate pursuits . The best-known exchanges are \nstock, produce, livestock, cotton, and grain exchanges. \nSee RECIPROCAL EXCHANGE. [Cases: Exchanges ~ \n1-15; Securities Regulation ~40.l0-40.16.] 6. The \nbuilding or hall where members of an exchange meet \nevery business day to buy and sell for themselves, or \nas brokers for their customers, for present and future \ndelivery. See SECURITIES EXCHANGE (1). exchange, \nvb. \nExchange Act. See SECURITIES EXCHANGE ACT OF \n1934 \nexchange agreement. See AGREEMENT. \nexchange broker. One who negotiates money or merchan\ndise transactions for others. [Cases: Brokers \nexchange rate. The ratio for converting one country's \nmoney into another country's money. See FOREIGN \nEXCHANGE. \nexchange ratio. The number of shares that an acquir\ning company must give for each share of an acquired \ncompany. \nexchange value. See VALUE (2). \nExchequer (eks-chek-~r or eks-chek-~r). (14c) 1. English \nlaw. The government department charged with col\nlecting and administering the national revenue; the \ntreasury department.  The name is said to have derived \nfrom the checkered cloth, resembling a chessboard, \nthat anciently covered the table on which certain of \nthe king's accounts were tallied, the sums being marked \nand scored with counters. 2. COURT OF EXCHEQUER. \nAbbe Ex. \nExchequer bill. A bill ofcredit issued in England by the \nauthority of Parliament; an instrument issued at the \nExchequer, usu. under the authority of an act of Par\nliament passed for that specific purpose, containing \nan engagement on the part of the government to repay, \nwith interest, the principal sums advanced. \nExchequer Chamber. An English court ofintermediate \nappeal from the common-law courts, namely, the Court \nof King's Bench, the Court of Common Pleas, and the \nCourt of Exchequer . It was established in 1822. \nAlso termed Camera Scaccarii. \nExchequer Division. Rist. English law. A division of \nthe High Court of Justice, to which the business of the \nCourt of Exchequer was specially assigned by section \n\n646 excise \n34 of the Judicature Act of IS73, and later merged into \nthe Queen's Bench Division in ISSl. \nexcise, n. (iSc) A tax imposed on the manufacture, sale, \nor use ofgoods (such as a cigarette tax), or on an occu\npation or activity (such as a license tax or an attorney \noccupation fee). -Also termed excise tax. Cf. income \ntax and property tax under TAX. [Cases: Taxation C:::c \n3251, 3602.] \nexcise lieu property tax. See TAX. \nexcise tax. See EXCISE. \nexcision. See FEMALE GENITAL MUTILATION. \nexcited utterance. (IS00) A statement about a startling \nevent made under the stress and excitement of the \nevent. An excited utterance may be admissible as a \nhearsay exception. Fed. R. Evid. S03(2). Cf. PRESENT \nSENSE IMPRESSION. [Cases: Criminal LawC:::c363-36S; \nEvidence C:::c 120.] \nexcludable, adj. (1916) 1. (Of evidence) subject to exclu\nsion <excludable hearsay>. 2. (Of an alien) ineligible \nfor admission or entry into a country. \nexcludable alien. See ALIEN. \nexclude. See RIGHT TO EXCLUDE. \nexcludendo fiscum et relictam (eks-kloo-den-doh \ntis-bm et ri-lik-tJm). [Law Latin] Hist. To the exclu\nsion of the rights of the Crown and of the widow. \nexclusion, n. 1. Tax. An item of income excluded from \ngross income. -Also termed income exclusion. [Cases: \nInternal Revenue C:::c311O; Taxation C:::c3447.] \nannual exclusion. (1940) The amount allowed as non\ntaxable gift income during the calendar year.  The \npurpose of the annual exclusion is both to serve as \nan estate-planning mechanism (so that gifts made \nduring the donor's lifetime remain nontestamentary \nand nontaxable) and to eliminate the administra\ntive inconvenience of taxing relatively small gifts. In \n2009, for an individual, the first $13,000 in gifts can \nbe excluded; for married persons, the exclusion is \n$26,000 per couple for joint gifts, regardless ofwhich \nspouse supplied the donated property. IRC (26 USCA) \n 2503. -Also termed annual gift-tax exclusion. \n[Cases: Internal Revenue C:::c4206.l0.] \n2. Evidence. A trial judge's determination that an item \noffered as evidence may not be presented to the trier of \nfact (esp. the jury). 3. Insurance. An insurance-policy \nprovision that excepts certain events or conditions \nfrom coverage. [Cases: Insurance C:::c209S.] -exclude, \nvb. -exclusionary, adj. \nautomobile exclusion. A provision in some commer\ncial general liability policies, excluding coverage for \ndamages arising from the use (including loading and \nunloading) ofan automobile, aircraft, or other motor \nvehicle owned, operated, rented, or borrowed by the \ninsured. [Cases: Insurance C:::c227S(i3).] \nbusiness-risk exclusion. An exclusion in some com\nmercial general liability policies, excluding coverage \nfor common risks of doing business, including harm to the insured's product or work, damages \narising from a product recall, damages arising from \nthe insured's failure to perform under a contract, \nor damages arising from a failure of the insured's \nproduct to perform as intended. [Cases: Insurance \nC:::c227S(20).] \ndesign-defect exclusion. A provision in some umbrella \npolicies and some older commercial general liability \npolicies, excluding coverage for bodily injury arising \nfrom the failure of the insured's product to perform \nits intended function because of a defect or defi\nciency in its design, formula, specifications, instruc\ntions, or advertising materials. [Cases: Insurance C:::c \n227S(21).] \nemployee-liability exclusion. A provision in some com\nmercial general liability policies, excluding coverage \nfor injury to an employee (or a member ofthe employ\nee's family), arising from and in the course ofemploy\nment with the insured . This exclusion is generally \nintended to exclude from coverage all injuries covered \nby the workers' -compensation laws. [Cases: Insurance \nC:::c227S(1l, 12).] \nemployment-related-practices exclusion. A provision \nin some commercial general liability policies, exclud\ning coverage for damages arising from an insured's \nemployment practices, including any policy, action, or \nomission -such as coercion, demotion, evaluation, \nreassignment, discipline, defamation, harassment, \nhumiliation, or discrimination -that is directed at \nthe person injured. [Cases: Insurance C:::c227S(1l).] \nexpected/intended exclusion. A provision in some com\nmercial general liability policies, excluding coverage \nfor property damage or bodily injury that is expected \nor intended by the insured, except any harm arising \nfrom the use ofreasonable force to protect a person or \nproperty.  This exclusion is sometimes referred to as \n\"exclusion a\" because it is the first exclusion listed on \nmost policies. -Also termed exclusion a; intentional\ninjury exclusion. [Cases: Insurance C:::c227S(3).] \nfailure-to-perform exclusion. A provision in some \ncommercial general liability policies, excluding \ncoverage for (1) the loss ofuse ofundamaged property \nresulting from the insured's delay or failure in per\nforming an obligation, or (2) a design defect or failure \nin the insured's product. -Also termed loss-of-use \nexclusion. [Cases: Insurance C:::c227S(21).] \nknowledge-of-falsity exclusion. A provision in some \ncommercial general liability policies, excluding \ncoverage for damages arising from an oral or written \ncommunication made by the insured with knowl\nedge that it is false. [Cases: Insurance C:::c2303(2), \n2313(2).] \nnamed-insured exclusion. An exclusion limiting lia\nbility-insurance coverage to a named insured whose \ninjuries were caused by another named insured under \nthe same insurance policy. [Cases: Insurance C:::c \n227S(I),274S-2747.] \n\n647 \nowned-property exclusion. Insurance. A provision in \na comprehensive general-liability insurance policy \nallowing only third parties who are injured on or by \nthe insured's property to make liability claims against \nthe insurer. The provision ordinarily excludes \ncoverage for (1) property owned, rented, occupied, \nsold, given away, or abandoned by the insured, (2) \npersonal property in the care, custody, or control \nof the insured, and (3) property located where the \ninsured and its employees work. [Cases: Insurance \n(:::::> 2278(25).1 \nown-product exclusion. A provision in some com\nmercial general liability policies, excluding coverage \nfor property damage to a product that is manufac\ntured, sold, handled, distributed, or disposed of by \nthe insured. [Cases: Insurance C;)2278(21).] \nown-work exclusion. A provision in some commer\ncial general liability policies, excluding coverage for \ndamage to the work or services performed by the \ninsured. [Cases: Insurance (:::::> 2278(21).] \npollution exclusion. A provision in some commer\ncial general liability policies, excluding coverage for \nbodily injury or property damages arising from the \ndischarge, dispersal, release, or escape of chemicals, \nwaste, acid, and other pollutants . Pollution-exclu\nsion clauses may take one of two forms: (1) sudden \nand accidental, and (2) absolute. The sudden-and\naccidental clause, usu. limited to policies issued before \n1985, contains an exception under which the damages \nare covered (Le., exempted from the exclusion) if the \ndischarge or other release was sudden and acciden\ntal. The absolute pollution exclusion, in most policies \nissued since 1985, does not contain this exception. \n[Cases: Insurance C=:'2278(17).j \nsistership exclusion. A provision in some commer\ncial general liability policies, excluding coverage for \ndamages arising from the withdrawal, inspection, \nrepair, replacement, or loss of use of the insured's \nproduct or work, to the extent that the product or \nwork is withdrawn or recalled from the market \nbecause of a known or suspected defect or defi\nciency. -Also termed recall exclusion. [Cases: Insur\nance (>.)2278(24).J \nexclusion a. See expected/intended exclusion under \nEXCLUSION (3). \nexclusionary hearing. See HEARING. \nexclusionary practice. Antitrust. A method by which a \nfirm can gain or maintain monopoly power without the \nexpress or tacit cooperation ofcompeting or potentially \ncompeting firms. \nexclusionary rule. (1855) 1. Evidence. Any rule that \nexcludes or suppresses evidence <despite many excep\ntions, hearsay has long been inadmissible under \nan exclusionary rule>. Also termed exclusion\nary evidence rule. [Cases: Evidence (:::::> 154, 314.] \n2. Criminal procedure. A rule that excludes or sup\npresses evidence obtained in violation of an accused \nperson's constitutional rights <in accordance with the exclusive economic zone \nexclusionary rule, the court did not admit the drugs \ninto evidence because they had been obtained during \na warrantless search of the defendant's home>. See \nFRUIT-OF-THE-POISONOUS-TREE DOCTRINE; GOOD\nFAITH EXCEPTION. [Cases: Criminal Law \n\"The deterrence of unreasonable searches and seizures is \na major purpose of the exclusionary rule .... But the rule \nserves other purposes as well. There is, for example, ... \n'the imperative of judicial integrity,' namely. that the \ncourts do not become 'accomplices in willful disobedience \nof a Constitution they are sworn to uphold: ... A third \npurpose of the exclusionary rule ... IS that of 'assuring \nthe people all potential victims of unlawful government \nconduct that the government would not profit from its \nlawless behavior, thus minimizing the risk of seriously \nundermining popular trust in the government.''' Wayne R. \nLaFave &Jerold H. Israel, Criminal Procedure  3.1, at 107 \n(2d ed. 1992) (quoting Elkins v. United States, 364 U.S. 206, \n80S.ct. 1437 (1960); United States v. Calandra, 414 U.S. \n338,94 S.Ct. 613 (1974) ("}
{"text": "414 U.S. \n338,94 S.Ct. 613 (1974) (dissent)). \n\"In the simplest of exclUSionary rule cases, the challenged \nevidence is quite clearly 'direct' or 'primary' in its relation\nship to the prior arrest, search, interrogation, lineup or \nother identification procedure. Such is the case when that \nevidence is an identification occurring at the confrontation \nbetween suspect and victim or witness, a confession or \nadmission made in response to questioning, or physical \nevidence obtained by search or arrest. Not infrequently, \nhowever, challenged evidence is 'secondary' or 'derivative' \nin character. This occurs when, for example, a confession is \nobtained after an illegal arrest, physical evidence is located \nafter an illegally obtained confeSSion, or an in-court iden\ntification is made following an illegally conducted pretrial \nidentification. In these situations, it is necessary to deter\nmine whether the derivative evidence is 'tainted' by the \nprior constitutional or other violation.\" Wayne R. LaFave \n&Jerold H. Israel, Criminal Procedure  9.3, at 471 (2d \ned. 1992). \nexclusionary zoning. See ZONING. \nexclusive agency. See AGENCY (1). \nexclusive-agency listing. See LISTING (1). \nexclusive authorization-to-selliisting. See exclusive\nagency listing under LISTING (1). \nexclusive contract. See EXCLUSIVE-DEALING ARRANGE\nMENT. \nexclusive control. (1890) Under the doctrine of res \nipsa loquitur, a defendant's sole management of and \nresponsibility for the instrumentality causing harm . \n Exclusive control is a prerequisite to the doctrine's \napplicability. See RES IPSA LOQUITUR. [Cases: Negli\ngence (:::::>,1614.] \nexclusive-dealing arrangement. (1943) An agreement \nrequiring a buyer to purchase all needed goods or \nservices from one seller. -Often shortened to exclusive \ndealing. Also termed exclusive contract. See require\nments contract under CONTRACT. [Cases: Antitrust and \nTrade Regulation \nexclusive easement. See EASEMENT. \nexclusive economic zone. Int'llaw. An area just beyond \nthe territorial sea, extending up to 200 nautical miles \nfrom the baseline of the territorial sea, in which the \ncoastal country enjoys special authority for economic \npurposes. Abbr. EEZ. \n\n648 exclusive evidence \nexclusive evidence. See EVIDENCE. \nexclusive franchise. See exclusive agency under AGENCY \n(1). \nexclusive jurisdiction. See JURISDICTION. \nexclusive license. See LICENSE. \nexclusive listing. See exclusive-agency listing under \nLISTING (1). \nexclusive ownership. See FEE SIMPLE. \nexclusive possession. See POSSESSION. \nexclusive right of sale. The right to sell a principal's \nproducts or to act as the seller's real-estate agent to the \nexclusion of all others, including the owner. -Also \ntermed exclusive right to sell. Cf. exclusive agency under \nAGENCY (1). \nexclusive sale. See SALE. \nexclusive use. See USE (1). \nexclusive-use clause. A lease provision enumerating con\nditions for a lessee's use of the leased property. [Cases: \nBailment C=> 1; Landlord and Tenant C=>134.] \nex colore (eks kd-Ior-ee). [Latin] By color; under color of; \nunder pretense, show, or protection of. \nex comitate (eks kom-d-tay-tee). [Latin] Out of comity \nor courtesy. \nexcommengement (eks-b-menj-mdnt), n. See EXCOM\nMUNICATION. \nex commodato (eks kom-d-day-toh). [Latin \"out ofloan\"] \nHist. (Of a right ofaction) arising out of a loan. \nexcommunicant (eks-kd-myoo-ni-bnt), n. (16c) Eccles. \nlaw. 1. An excommunicated person. 2. Rare. An excom\nmunicator. \nexcommunication, n. (15c) Eccles. law. A sentence of \ncensure pronounced by a spiritual court for an offense \nfalling under ecclesiastical cognizance; expulsion \nfrom religious society or community . In England, \nan excommunicated person was formerly subject to \nvarious civil disabilities, such as an inability to be a \njuror, to be a witness in any court, or to sue to recover \nlands or money due. These penalties were abolished \nby the Ecclesiastical Courts Act (1813). St. 53 Geo. 3, \nch. 127. -Also termed excommengement. -excom\nmunicate, vb. \n\"Closely allied to outlawry is excommunication; it is in fact \nan ecclesiastical outlawry, and, like temporal outlawry, \nthough once it was the law's last and most terrible weapon \nagainst the obstinate offender, it is now regarded as a \nnormal process for compelling the appearance in court of \nthose who are accused. Indeed as regards the laity, since \nthe spiritual courts can not direct a seizure of the body, \nlands, or goods, those courts must, if mere citations fail to \nproduce an appearance, at once have recourse to their last \nweapon. Then, as ordained by William the Conqueror, the \nlay power comes to their aid. If the excommunicate does \nnot seek absolution within forty days (this period seems \nto be fixed already in the twelfth century), the ordinary \nwill signify this to the kind; a writ for the arrest of the \noffender will be issued, and he will be kept in prison until \nhe makes his submission.\" 2 Frederick Pollock & Frederic \nWilliam Maitland, History ofEnglish Law Before the Time of \nEdward 1500 (2d ed. 1899). excommunicato capiendo (eks-kd-myoo-ni-kay-toh \nkap-ee-en-doh). [Latin] Hist. Eccles. law. A writ that, \nbeing founded on a bishop's certificate of excommu\nnication, required the sheriff to arrest and imprison \nthe defendant . The writ issued out of chancery and \nwas returnable to the King's Bench. Cf. DE CONTUMACE \nCAPIENDO. \nexcommunicator. (17c) A person who excommunicates. \nexcommunicato recapiendo (eks-b-myoo-ni-kay-toh \nri-kap-ee-en-doh). [Latin] Hist. Eccles. law. A writ \ncommanding that an excommunicant -who had \nbeen committed to prison for obstinacy but who was \nunlawfully freed before agreeing to obey the church's \nauthority -should be found, retaken, and imprisoned \nagain. \nex comparatione scriptorum (eks kom-pd-ray-shee-oh\nnee skrip-tor-dm). [Latin] Bya comparison ofwritings \nor handwritings . This term was formerly used in the \nlaw ofevidence. \nex concessis (eks kdn-ses-is). [Latin] From the premises \ngranted; according to what has already been allowed. \nex consulto (eks kdn-sal-toh). [Latin] With consultation \nor deliberation. \nex continenti (eks kon-td-nen-tI). [Latin] Civil law. \nImmediately; without any interval or delay. \nex contractu (eks bn-trak-t[y]oo). [Latin \"from a \ncontract\"] Arising from a contract <action ex con\ntractu>. Cf. EX DELICTO (1). \nex-coupon bond. See BOND (2). \nexculpate (ek-skdl-payt or ek-skal-payt), vb. (17c) To free \nfrom blame or accusation. Cf. EXONERATE (1). -excul\npation (ek-sbl-pay-shdn), n. -exculpatory (ek-skal\npd-tor-ee), adj. \nexculpatory clause. (1891) A contractual provision \nrelieving a party from liability resulting from a neg\nligent or wrongful act.  A will or a trust may contain \nan exculpatory clause purporting to immunize a fidu\nciary from a breach ofduty; the clause may reduce the \ndegree of care and prudence required of the fiduciary. \nBut courts generally find that if an exculpatory clause \nin a will or trust seeks to confer absolute immunity, it \nis void as being against public policy. See EXEMPTION \nCLAUSE. [Cases: Contracts C=> 114, 189.5.] \nexculpatory evidence. See EVIDENCE. \nexculpatory-no doctrine. (1977) Criminal law. The prin\nciple that a person cannot be charged with making a \nfalse statement for falsely denying guilt in response to \nan investigator's question . This doctrine is based on \nthe Fifth Amendment right against self-incrimination. \nBut the U.S. Supreme Court has overruled this doctrine \nin federal law. Brogan v. United States, 522 U.S. 398, 118 \nS.Ct. 805 (1998). [Cases: Fraud C=>68.1O(1).] \nex curia (eks kyoor-ee-d). [Latin] Out of court; away \nfrom the court. \n\n649 execute \nexcusable, adj. (I4c) (Of an illegal act or omission) not \npunishable under the specific circumstances <excus\nable neglect>. \nexcusable assault. See ASSAULT. \nexcusable homicide. See HOMICIDE. \nexcusable neglect. See NEGLECT. \nexcusatio (ek-skyoo-zay-shee-oh), n. [Latin] Roman 1& \ncivil law. An excuse or reason that exempts someone \nfrom some duty or obligation. \nexcusator (ek-skyoo-zay-tdr), n. (l7c) 1. Hist. An excuser. \n2. In old German law, a defendant; one who wholly \ndenies the plaintiff's claim. \nexcuse (ek-skyoos), n. (l4c) l. A reason that justifies an \nact or omission or that relieves a person of a duty. 2. \nCriminal law. A defense that arises because the defen\ndant is not blameworthy for having acted in a way that \nwould otherwise be criminal. -The following defenses \nare the traditional excuses: duress, entrapment, infancy, \ninsanity, and involuntary intoxication. Also termed \nlegal excuse. Cf. JUSTIFICATION (2). [Cases: Criminal \nLaw 38.] -excuse (ek-skyooz), vb. -excusa\ntory (ek-skyooz-;Hor-ee), adj. \nexcuse by failure of presupposed conditions. See com\nmercial impracticability under IMPRACTICABILITY. \nexcuss (ek-sk<ls), vb. (18c) To seize and detain by law. \nexcussio (ek-sk3-s[h]ee-oh), 11. [Latin] Roman 1& civil law. \nA diligent prosecution ofa remedy against a debtor; esp., \nthe exhausting of a remedy against a principal debtor \nbefore resorting to a surety. Also termed excussion. \nex-date. See EX-DIVIDEND DATE. \nex debito justitiae (eks deb-i-toh jas-tish-ee-ee). [Latin] \nFrom or as a debt of justice; in accordance with the \nrequirement ofjustice; of right; as a matter of right. \nex debito naturali (eks deb-i-toh nach-a-ray-h). [Law \nLatin] Scots law. Arising from natural obligation. -The \nphrase appeared in reference to an obligation that was \nmoral rather than legal. \nex defectu juris (eks di-fek-t[y]oo joor-is). [Law Latin] \nScots law. From a defect in the right. _ A seller had \nto warrant a purchaser against an eviction based on a \ndefect in the seller's own right. \nex defectu natalium (eks di-fek-t[y]oo nd-tay-Iee-dm). \n[Law Latin] Hist. From defect of parentage. -Formerly, \nthis phrase appeared in reference to a basis upon which \nthe court rejected the will ofa bastard who died without \nissue. \nex defectu sanguinis (eks di-fek-t[y]oo sang-gwa-nis). \n[Latin] Hist. From failure ofblood; for want of issue. \nex detectu familiae (eks di-Iek-t[y]oo fa-mil-ee-ee). [Law \nLatin] Hist. From choice of a certain family. _ lhe \nphrase appeared in reference to the sovereign's right \nto bestow honors on those whom he chose. \nex deliberatione Dominorum Concilii (eks di-lib-a-ray\nshee-oh-nee dom-;J-nor-dm bn-sil-ee-I). [Law Latin] \nHist. After consideration by the Lords of Council. \"Formerly all writs which passed the Signet were procured \nby presentation of a bill (or petition) for such writ. The bill \nwas perused and considered by the Lord Ordinary on the \nBills, and if he was satisfied, the bill was passed and the \nwrit issued: the latter bearing the words ex deliberatione \nDominorum Concilii to signify that the bill had been con\nsidered. These words are still appended to almost all writs \nwhich pass the signet, but they are now only words of style, \nsince the writs are now passed periculo petentis without \nbeing submitted to the Lords.\" John Trayner, Trayner's Latin \nMaxims 196-97 (4th ed. 1894). \nex delicto (eks d;J-lik-toh), adj. 1& adv. [Latin \"from a \nwrong\"] 1. Arising from a crime or tort <action ex \ndelicto>. -Although ex delicto refers most commonly \nto a tort in modern usage, it referred historically to \nboth torts and crimes. Cf. IN DELICTO; EX CONTRACTU. \n2. 111t'1Iaw. Rare. As a consequence of a crime or tort \n<because they were counterfeit, the goods were seized \nand condemned ex delicto>. \nex delicto trust. See TRUST. \nex demissione (eks d;J-mish-ee-oh-nee). [Latin \"upon the \ndemise\"] Hist. A phrase forming part ofthe title of the \nold action of ejectment. Abbr. ex demo "}
{"text": "the \ndemise\"] Hist. A phrase forming part ofthe title of the \nold action of ejectment. Abbr. ex demo \nex directo (eks di-rek-toh). [Latin] Directly; immediately. \nex distribution. Without distribution. -Shares are \ntraded ex distribution when they no longer carry the \nright to receive a distribution to be made to holders. -\nAbbr. X; XDlS. \nex diverso (eks di-v3r-soh). [Latinlllist. On the other \nhand; conversely. \nex dividend. Without dividend. -Shares are traded ex \ndividend when the selier, not the purchaser, is entitled \nto the next dividend payment because it will be made \nbefore the stock transfer is completed. The first day on \nwhich shares are traded ex dividend, the stock price will \ndrop by an amount usu. approximating the amount of \nthe dividend. -Abbr. XD.; X. Cf. CUM DIVIDEND. \nex-dividend date. The date on or after which the buyer \nof a security does not acquire the right to receive a \nrecently declared dividend. -Also termed ex-date. \nCf. DIVIDEND DATE. \nex dolo malo (eks doh-loh mal-oh). [Latin] Out offraud; \nout ofdeceitful or tortious conduct. \nexeat (ek-see-;Jt), n. (18c) 1. Generally, permission to go \noutside (a place). 2. Permission that a bishop grants to \na priest to go out ofhis diocese. Cf. NE EXEAT (1). \nexecute, vb. (14c) 1. To perform or complete (a contract \nor duty) <once the contract was fully executed, the \nparties owed no further contractual duties to each \nother>. [Cases: Contracts 2. To change (as a \nlegal interest) from one form to another <the shifting \nuse was executed into a valid legal estate>. 3. To make \n(a legal document) valid by signing; to bring (a legal \ndocument) into its final, legally enforceable form \n<each party executed the contract without a signa\nture witness>. 4. To put to death, esp. by legal sentence \n<Johnson was executed shortly after midnight>. [Cases: \nSentencing and Punishment C;=> 1795.] 5. To enforce \nand collect on (a money judgment) <Williams asked the \n\nexecuted 650 \nsheriff to execute on the judgment>. [Cases: Execution \n(;=: 1; Federal Civil Procedure (;=:2691.] \nexecuted, adj. (16c) 1. (Of a document) that has been \nsigned <an executed will>. 2. That has been done, given, \nor performed <executed consideration>. \n\"[Tlhe term 'executed' is a slippery word. Its use is to be \navoided except when accompanied by explanation .... \nA contract is frequently said to be executed when the \ndocument has been signed, or has been signed, sealed, \nand delivered. Further, by executed contract is frequently \nmeant one that has been fully performed by both parties.\" \nWilliam R. Anson, Principles of the Law of Contract 26 n.* \n(Arthur l. Corbin ed., 3d Am. ed. 1919). \nexecuted consideration. See CONSIDERATION (1). \nexecuted contract. See CONTRACT. \nexecuted covenant. See COVENANT (1). \nexecuted estate. See REMAINDER (1). \nexecuted fine. See FINE (1). \nexecuted note. See NOTE (1). \nexecuted remainder. See vested remainder under \nREMAINDER. \nexecuted trust. See TRUST. \nexecuted use. See USE (4). \nexecutio (ek-s<l-kyoo-shee-oh), n. [Latin] 1. The perfor\nmance or completion of a thing; the act of following \nthrough on a commitment. 2. The doing ofsomething \nthoroughly. 3. Management or administration. 4. Hist. \nExecution; the final process in an action. \nexecutio bonorum (b,,-nor-<lm). [Latin] Hist. The man\nagement or administration ofgoods. \nexecution, n. (14c) 1. The act of carrying out or putting \ninto effect (as a court order or a securities transaction) \n<execution of the court's decree> <execution of the \nstop-loss order>. 2. Validation ofa written instrument, \nsuch as a contract or will, by fulfilling the necessary \nlegal requirements <delivery of the goods completed the \ncontract's execution>. [Cases: Contracts (:::-J34; Sales \nVendor and Purchaser <::=>23; Wills (;=: 108\n129.] 3. Judicial enforcement of a money judgment, usu. \nby seizing and selling the judgment debtor's property \n<even if the plaintiff receives a judgment against the \nforeign debtor, execution is unlikely>. -Also termed \n(in Scots law) diligence. [Cases: Execution Federal \nCivil Procedure C=>2691.] 4. A court order directing \na sheriff or other officer to enforce a judgment, usu. \nby seizing and selling the judgment debtor's property \n<the court issued the execution authorizing seizure of \nthe car>. -Also termed writ ofexecution; judgment \nexecution; general execution. [Cases: Execution <:-\"'::>74; \nFederal Civil Procedure C=>2697.] \n\"A writ of execution is an authorization to an executive \nofficer, issued from a court in which a final judgment has \nbeen rendered, for the purpose ofcarrying such judgment \ninto force and effect. It is founded upon the judgment, \nmust generally be conformed to it in every respect, and the \nplaintiff is always entitled to it to obtain a satisfaction of \nhis claim, unless his right has been suspended by proceed\nings in the nature of an appeal or by his own agreement.\" BenjaminJ. Shipman, Handbook ofCommon-Law Pleading  \n26, at 50 (Henry Winthrop Ballantine ed., 3d ed. 1923). \nalias execution. A second execution issued to enforce \na judgment not fully satisfied by the original writ. Cf. \nalias writ under WRIT. [Cases: Execution C=>99.] \nbody execution. A court order requiring an officer \nto take a named person into custody, usu. to bring \nthe person before the court to pay a debt; CAPIAS. \nExecution (;=:'421; Federal Civil Procedure \nclose-jail execution. A body execution stating that \nthe person to be arrested should be confined in jail \nwithout the ofmovement about the jailyard. \n[Cases: Execution 448.] \ndormant execution. An execution authorizing an \nofficer to seize and hold property rather than sell it, \nuntil further notice. \njunior execution. An execution that is subordinate to \nanother execution issued from an earlier judgment \nagainst the same debtor. [Cases: Execution (;=: 112.] \nmalicious execution. An abuse of process by which a \nperson, maliciously and without reasonable cause, \nissues an execution against the property of a judgment \ndebtor. [Cases: Execution (;:::;)454.] \nspecial execution. An execution authorizing a judgment \nto be satisfied from specified property. [Cases: Execu\ntion 420.5.] \nspeedy execution. An execution issuing quickly (esp. \nby judges at nisi prius) after a trial. \n5. Criminal law. The carrying out of a death sentence \n<the Supreme Court stayed the execution>. [Cases: Sen\ntencing and Punishment C=>1795-1799.] -execute, \nvb. \nexecution clause. The part ofa deed containing the date, \nseal (if required), and signatures of the grantor, grant\nor's spouse, and witnesses. [Cases: Deeds (;=:44-53.] \nexecution creditor. See CREDITOR. \nexecutione facienda in withernamium (ek-s<l-kyoo\nshee-oh-nee fay-shee-en-dd in with-dr-nay-mee-dm). \n[Latin] Hist. A writ that lay for taking cattle ofa person \nwho had taken someone else's cattle out of the county \nso that the sheriff could not replevy them. \nexecutione judicii (ek-sd-kyoo-shee-oh-nee joo-dish-ee\nI). [Latin] Hist. A writ directed to a judge ofan inferior \ncourt to issue execution upon a judgment in that court, \nor to return some reasonable cause why the judge has \ndelayed execution. \nexecutioner. (I6c) A person who puts another person \nto death to carry out a death sentence; a person who \ncarries out capital punishment on the state's behalf. \nexecution lien. See LIEN. \nexecution paree (eg-zay-koo-syawn pa-ray). [French] \nFrench law. A right founded on an act approved and \nverified before a notary, by which a creditor may \nimmediately without citation or summons seize \nand cause to be sold the debtor's property and keep \n\n651 \nthe proceeds of the sale (to the extent of the indebted\nness). \nexecution-proof. See JUDGMENT-PROOF. \nexecution sale. See SALE. \nexecutive, n. (18c) 1. The branch of government respon\nsible for effecting and enforcing laws; the person or \npersons who constitute this branch. _ The executive \nbranch is sometimes said to be the residue of all gov\nernment after subtracting the judicial and legislative \nbranches. Sometimes also termed executive depart\nment. Cf. LEGISLATURE; JUDICIARY (1). [Cases: Consti\ntutional Law (;:::>2620-2626; United States C'=31.] \nchiefexecutive. (1876) The head of the executive branch \nof a government, such as the President of the United \nStates. [Cases: United States (;:::>26.] \n2. A corporate officer at the upper levels of manage\nment. Also termed executive officer; executive \nemployee. executive, adj. \nexecutive administration. Collectively, high public \nofficials who administer the chief departments of the \ngovernment. \nexecutive agency. An executive-branch department \nwhose activities are subject to statute and whose con\ntracts are subject to judicial review. _ One example is \nthe National Aeronautics and Space Agency. [Cases: \nAdministrative Law and Procedure (~~301-513; \nUnited States \nexecutive agreemeut. (1942) An international agree\nment entered into by the President, without approval \nby the Senate, and usu. involving routine diplomatic or \nmilitary matters. Cf. TREATY (1). [Cases: United States \n(;:::>28.] \nexecutive board. See BOARD OF DIRECTORS. \nexecutive branch. (ISc) The branch of government \ncharged with administering and carrying out the la,v; \nEXECUTIVE (1). Cf. JUDICIAL BRANCH; LEGISLATIVE \nBRANCH. \nexecutive clemency. See CLEMENCY. \nexecutive committee. See COMMITTEE. \nexecutive department. See EXECUTIVE (1). \nexecutive director. A salaried employee who serves as \nan organization's chief administrative and operating \nofficer and heads its profeSSional staff. -Also termed \nexecutive secretary; staffdirector. \nexecutive employee. An employee whose duties include \nsome form ofmanagerial authority and active partici\npation in the control, supervision, and management of \nthe business. Often shortened to executive. \nexecutive immunity. See IMMUNITY (1). \nexecutive officer. See EXECUTIVE (2). \nexecutive order. (1862) An order issued by or on behalf \nofthe President, usu. intended to direct or instruct the \nactions of executive agencies or government officials, \nor to set policies for the executive branch to follow. -\nAbbr. ex. ord. [Cases: United States (;:::>28.] executor \nexecutive pardou. See PARDON. \nexecutive power. (17c) Constitutional law. The power \nto see that the laws are duly executed and enforced. \n-Under federal law, this power is vested in the Presi\ndent; in the states, it is vested in the governors. The \nPresident's enumerated powers are found in the U.S. \nConstitution, art. II,  2; governors' executive powers \nare provided for in state constitutions. The other two \ngreat powers of government are the legislative power \nand the judicial power. [Cases: Constitutional Law ~'= \n2620-2626.] \nexecutive privilege. See PRIVILEGE (3). \nexecutive right. Oil & gas. The exclusive right to lease \nspecified land or mineral rights. _ The executive right \nis one of the incidents of the mineral interest. [Cases: \nMines and Minerals \nexecutive secretary. See EXECUTIVE DIRECTOR. \nexecutive session. See SESSION (1). \nexecutor, n. (l3c) 1. (ek-s<l-kyoo-t<lr) One who performs \nor carries out some act. 2. (eg-zek-y;H;:,r) A person \nnamed by a testator to carry out the provisions in the \ntestator's will. Cf. ADMINISTRATOR (2). [Cases: Execu\ntors and Administrators Abbr. exor. \nacting executor. (18c) One who assumes the role of \nexecutor usu. temporarily but is not the legally \nappointed executor or the executor-in-fact. -Also \ntermed temporary executor. [Cases: Executors and \nAdministrators G=22.J \ncoexecutor. See joint executor. \nexecutor ab episcopo constitutus Cab ;:,-pis-k<l-poh kon\nsti-t[y]oo-tas). [Law Latin] Eccles. law. An executor \nappointed by a bishop; an administrator to an intes\ntate. -Also termed executor dativus. \nexecutor a lege constitutus (ay [or ah]lee-jee kon-sti\nt[y]oo-tas). [Law Latin] Eccles. law. One authorized by \nlaw to be an executor; the ordinary of the diocese. \nexecutor a testatore constitutus (ay [or ahJ tes-ta\ntor-ee kon-sti-t[y]oo-t<ls). [Law Latin] Eccles. law. \nAn executor appointed by a testator. Also termed \nexecutor testamentarius. \nexecutor dative. See DATIVE (1). \nexecutor dativus. See executor ab episcopo constitu\ntus. \nexecutor de son tort (da sawn [or son] tor[t]). [Law \nFrench \"executor of his own wrong\"] (17c) A person \nwho, without legal authOrity, takes on the responsibil\nity to act as an executor or administrator of a dece\ndent's property, us"}
{"text": ", without legal authOrity, takes on the responsibil\nity to act as an executor or administrator of a dece\ndent's property, usu. to the detriment of the estate's \nbeneficiaries or creditors. [Cases: Executors and \nAdministrators \n\"Executor de son tort~ or, executor of his own wrong. Is he \nthat takes upon him the office of an executor by intrusion, \nnot being so constituted by the testator.\" The Pocket Lawyer \nand Family Conveyancer 98 (3d ed. 1833). \n\n652 executor fund \nexecutor lucratus (loo-kray-t;)s). An executor who has \nassets of the testator, the latter having become liable \nby wrongfully interfering with another's property. \nexecutor testamentarius. See executor a testa tore con\nstitutus. \nexecutor to the tenor. Eccles. law. A person who is not \nnamed executor in the will but who performs duties \nsimilar to those ofan executor. \ngeneral executor. (18c) An executor who has the power \nto administer a decedent's entire estate until its final \nsettlement. \nindependent executor. (1877) An executor who, unlike \nan ordinary executor, can administer the estate with \nvery little supervision by the probate court . Only \na few states mostly in the West and Southwest\nallow testators to designate independent executors. \nBut lawyers routinely write wills that relieve a trusted \nexecutor from obtaining appraisals, from providing \ninventories and surety bonds, and from obtaining \ncourt approval \"to the maximum extent permitted \nby law.\" The Uniform Probate Code endorses inde\npendent administration, and it is the usual process \nunless a party demands court-supervised administra\ntion. Also termed nonintervention executor. [Cases: \nExecutors and Administrators 75.J \njoint executor. (17c) One oftwo or more persons named \nin a will as executor ofan estate. Also termed coex\necutor. [Cases: Executors and Administrators \n123.J \nlimited executor. (18c) An executor whose appoint\nment is restricted in some way, such as time, place, \nor subject matter. \nliterary executor. Copyright. A limited-purpose \nexecutor appointed to manage copyrighted materi\nals in an estate. [Cases: Executors and Administra\ntors \nnonintervention executor. See independent executor. \nspecial executor. (18c) An executor whose power is \nlimited to a portion of the decedent's estate. [Cases: \nExecutors and Administrators (;::.22.J \nsubstituted executor. U8c) An executor appointed to \nact in the place ofan executor who cannot or will not \nperform the duties. [Cases: Executors and \nAdministrators \ntemporary executor. See acting executor. \n3. (eg-zek-ya-t;)r) Patents. One who represents a legally \nincapacitated inventor. [Cases: Patents (;::102.J -exe\ncutorial, adj. executorship, n. \nexecutor fund. See FUND (1). \nexecutor's bond. See BOND (2). \nexecutory (eg-zek-y;)-tor-ee), adj. (16c) 1. Taking full \neffect at a future time <executory judgment>. 2. To be \nperformed at a future time; yet to be completed <execu\ntory contract>. \nexecutory accord. See ACCORD (2). executory bequest. See BEQUEST. \nexecutory consideration. See CONSIDERATION (1). \nexecutory contract. See CONTRACT. \nexecutory covenant. See COVENANT (1). \nexecutory devise. See DEVISE. \nexecutory interest. (1833) A future interest, held by a \nthird person, that either cuts off another's interest or \nbegins after the natural termination of a preceding \nestate. Cf. REMAINDER. [Cases: Estates in Property \n1.J \n\"What is an executory interest? Here is a pretty good defini\ntion: An executory interest is any future interest created in \na person other than the transferor that is not a remainder-. \nHere are five classic examples of executory interest: (1) o transfers 'to A for then, one day after A's death, to \nthe heirs of A.' The creates a springing executory \ninterest in those who will be A's heirs. (2) 0 transfers 'to \nA for 200 years if he shall so long live, then to the heirs of \nA.' This transfer also creates a springing executory interest \nin A's prospective heirs, (3) 0 transfers 'to A and his heirs \nfive years from the date of this deed.' A owns a springing \nexecutory interest. (4) 0, when B is fifteen, transfers 'to \nA for life; then no sooner than one day after A's death, to \nB and his heirs if B ever reaches 21.' B owns a springing \nexecutory interest. (5) 0 transfers 'to A and his heirs; but if \nA marries X, to B and his heirs.' B owns a shifting executory \ninterest.\" Thomas F. Bergin & Paul G. Haskell, Preface to \nEstates in Land and Future Interests 80 (2d ed. 1984). \nshifting executory interest. An executory interest that \noperates in defeasance ofan interest created simulta\nneously in a third person. [Cases: Wills ~625.J \nspringing executory interest. An executory interest \nthat operates in defeasance of an interest left in the \ntransferor. [Cases: Wills \nexecutory judgment. See JUDGMENT. \nexecutory limitation. See LIMITATION. \nexecutory process. Civil law. I. A process that can be \nresorted to either (1) when the right ofa creditor arises \nfrom an act importing a confession of judgment, and \nthat contains a privilege or mortgage in the creditor's \nfavor, or (2) when the creditor demands the execution \nof a judgment that has been rendered by a different \ntribunal. 2. An accelerated procedure, summary in \nnature, by which the holder ofa mortgage or privilege \nevidenced by a confession ofjudgment seeks to effect an \nex parte seizure and sale of the subject property. [Cases: \nChattel Mortgages Mortgages G'-;:;499.j \nexecutory remainder. See contingent remainder under \nREMAINDER. \nexecutory sale. See SALE. \nexecutory trust. See TRUST. \nexecutory unilateral accord. (l940) An offer to enter a \ncontract; OFFER (2). \nexecutory use. See springing use under USE (4). \nexecutory warranty. See WARRANTY (3). \nexecutress. See EXECUTRIX. \nexecutrix (eg-zek-p-triks), n. Archaic. A female \nexecutor. ~Abbr. exrx. Also termed executress. PI. \n\n653 \nexecutrixes (eg-zek-Y<l-trik-s<lz), executrices (eg-zek\nY<l-trl-seez). See EXECUTOR. \nexecutry. Scots law. 1. Executorship. See EXECUTOR (1), \n(2). 2. The movable property of a decedent. \nexedos (e-he-thohs), n. See EJIDOS. \nexemplar (eg-zem-pl<lr or -plahr), n. (lSc) 1. An ideal or \ntypical example; a standard specimen <handwriting \nexemplars>. 2. Nontestimonial identification evidence, \nsuch as fingerprints, voiceprints, and DNA samples. See \nVOICE EXEMPLAR. [Cases: Criminal Law C='404.85; \nEvidence \nexemplary, adj. (16c) 1. Serving as an ideal example; \ncommendable <exemplary behavior>. 2. Serving \nas a warning or deterrent; admonitory <exemplary \ndamages>. \nexemplary damages. See punitive damages under \nDAMAGES. \nexemplary substitution. See SUBSTITUTION (5). \nexemplification, n. (l6c) An official transcript ofa public \nrecord, authenticated as a true copy for use as evidence. \n[Cases: Criminal Law Evidence C=' 338.] \nexemplify, vb. \nexemplificatione (eg-zem-pl<l-f<l-kay-shee-oh-nee). \n[Latin] A writ granted for the exemplification or tran\nscript ofan original record. \nexemplified copy. See certified copy under COPY. \nexempli gratia (eg-zem-ph gray-shee-<l or ek-sem-plee \ngrah-tee-<l). [Latin] (17c) For example; for instance. -\nAbbr. e.g. or (rarely) ex. gr. \nexemplum (eg-zem-pldm), n. [Latin] (19c) Civil law. A \ncopy; a written authorized copy. \nexempt, adj. (14c) Free or released from a duty or lia\nbility to which others are held <persons exempt from \nmilitary service> <property exempt from sequestra\ntion>. -exempt, vb. exemptive, adj. \nexempt income. See INCOME. \nexemption. (14c) 1. Freedom from a duty, liability, or \nother requirement; an exception. See IMMUNITY; \nEXCEPTION (2). 2. A privilege given to a judgment debtor \nby law, alloWing the debtor to retain certain property \nwithout liability. [Cases: Exemptions 1; Home\nstead 1.] 3. Tax. An amount allowed as a deduc\ntion from adjusted gross income, used to determine \ntaxable income. Cf. DEDUCTION (2). [Cases: Internal \nRevenue Taxation 3518.] \ndependency exemption. (1920) A tax exemption \ngranted to an individual taxpayer for each depen\ndent whose gross income is less than the exemption \namount and for each child who is younger than 19 \nor, if a student, younger than 24. [Cases: Internal \nRevenue C=>3294; Taxation 3519.] \npersonal exemption. (1920) An amount allowed as a \ndeduction from an individual taxpayer's adjusted \ngross income. (Cases: Internal Revenue C=>3295; \nTaxation C=~)3501, 3519.] exequatur \nexemption clause. (1840) A contractual provision pro\nviding that a party will not be liable for damages for \nwhich that party would otherwise have ordinarily been \nliable. Cf. EXCEPTION CLAUSE; EXCULPATORY CLAUSE; \nINDEMNITY CLAUSE. [Cases: Contracts C='114, 189.5.] \n''An exemption clause may take many forms, but all such \nclauses have one thing in common in that they exempt a \nparty from a liability which he would have borne had it not \nbeen for the clause. In some cases an exemption clause \nmerely relieves a party from certain purely contractual obli\ngations, for example, the duties of a seller in a contract of \nsale regarding the quality and fitness of the goods. In other \ncases exemption clauses go further and protect the party \nnot merely from contractual liability but even from liability \nwhich would otherwise have arisen in tort. For example, a \nshipping company's ticket may exempt the company from \nliability to the passenger for any injuries, however caused. \nNow if the passenger is injured as a result of the negligence \nof the company's employees, that would, in the normal \nway, give rise to an action in tort for negligence, quite apart \nfrom the contract.\" P.S. Atiyah, An Introduction to the Law \nofContract 167 (3d ed. 1981). \nexemption equivalent. The maximum value of assets \nthat one can transfer to another before incurring a \nfederal gift and estate tax. \nexemption law. (1839) A law describing what property \nof a debtor cannot be attached by a judgment creditor \nor trustee in bankruptcy to satisfy a debt. See EXEMPT \nPROPERTY (1). (Cases: Exemptions Homestead \nC-~1.1 \nex empto (eks emp-toh). (Latin] Roman & civil law. Out \nofpurchase; founded on purchase. \nexempt organization. An organization that is either \npartially or completely exempt from federal income \ntaxation. See CHARITABLE ORGANIZATION. [Cases: \nInternal Revenue C='404S-4071.] \nexempt property. (1839) 1. A debtor's holdings and \npossessions that, by law, a creditor cannot attach to \nsatisfy a debt.  All the property that creditors may \nlawfully reach is known as nonexempt property. \nMany states provide a homestead exemption that \nexcludes a person's house and household items, up to a \ncertain amount, from the liens of most creditors. The \npurpose of the exemption is to prevent debtors from \nbecoming destitute. See HOMESTEAD. Cf. NONEXEMPT \nPROPERTY. [Cases: Exemptions Homestead \n1.]2. Personal property that a surviving spouse is auto\nmatically entitled to receive from the decedent's estate. \n[Cases: Executors and Administrators \nexempt security. See SECURITY. \nexempt transaction. A sale that falls outside the scope of \na certain statute, such as the Securities Act of 1933 or \nthe Securities Exchange Act of 1934. [Cases: Securities \nRegulation C-'18.10-l8.30.] \nexennium (eg-zen-ee-<lm), n. [Latin] Hist. A gift, esp. one \ngiven at the new year. \nex eo quodplerumque fit (eks ee-oh kwod pli-r:.>m-kwee \nfit). [Latin] Hist. From that which generally happens. \nexequatur (ek-s<l-kway-tClr). [Latin \"let it be executed\"] \n(l7c) A written official recognition and authorization \n\n654 exequitate \nofa consular officer, issued by the government to which \nthe officer is accredited. \n\"Consuls on exhibiting proof of their appointment, if not \nobjectionable persons, receive an exequatur, or permission \nto discharge their functions within the limits prescribed, \nwhich permission can be withdrawn for any misconduct.\" \nTheodore D. Woolsey, Introduction to the Study of Interna\ntional Law  100, at 162-63 (5th ed. 1878). \nex equitate (eks ek-wa-tay-tee). [Latin] Hist. According \nto equitable rules. \nex"}
{"text": "ex equitate (eks ek-wa-tay-tee). [Latin] Hist. According \nto equitable rules. \nexercise, vb. (14c) 1. To make use of; to put into action \n<exercise the right to vote>. 2. To implement the terms \nof; to execute <exercise the option to buy the commodi\nties>. -exercise, n. \nExercise Clause. See FREE EXERCISE CLAUSE. \nexercise of judgment. (17c) The use of sound discre\ntion -that is, discretion exercised with regard to \nwhat is right and equitable rather than arbitrarily or \nwillfully. \nexercise price. See strike price under PRICE. \nexercise value. The value to an optionholder of using \nthe option. \nexercitalis (eg-zar-si-tay-lis), n. [Latin] A soldier; a \nvassal. \nexercitor (eg-zar-si-tor), n. [Latin \"an exercisor\"] (17c) \nCivil law. The person to whom the profits ofa ship tem\nporarily belong, whether that person is the owner, char\nterer, or mortgagee. -Also termed exercitor maris; \nexercitor navis. Cf. SHIP'S HUSBAND. \nexercitoria actio. See actio exercitoria under ACTIO. \nexercitorial power (eg-zar-si-tor-ee-al). The trust given \nto a shipmaster. \nexercitor maris (eg-zClr-si-tar mar-is). See EXERCITOR. \nexercitor navis (eg-zar-si-tar nay-vis). See EXERCITOR. \nexercituale (eg-zar-sich-oo-ay-Iee), n. [Law Latin, ff. \nLatin exercitus \"an army\"] Hist. A heriot paid only in \narms, horses, or military accouterments. See HERIOT. \nexercitus (eg-zar-si-tas), n. [Latin \"an army\"] Hist. An \narmy; an armed force . Ofindefinite number, the term \nwas applied on various occasions to a gathering of 42 \narmed men, of 35, or even of4. \nex eventu (eks i-ven-t[y]oo). [Latin] Hist. After the event; \nfollowing the occurrence. \nexfacie (eks fay-shee-ee or -shee or -sha). [Latin] (1861) \nArchaic. On the face of it; evidently; apparently . The \nphrase typically referred to a defect appearing from the \ndocument itself, without further inquiry. \nexfacto (eks fak-toh). [Latin \"from a fact\"] From or in \nconsequence of a fact or action; actually; DE FACTO. \nexfestucare (eks-fes-ta-kair-ee), vb. [Latin] Hist. To \nabdicate or resign; to surrender (an estate, office, or \ndignity) by the symbolic delivery of a staff or rod \n(festuca) to the transferee. \nexfictione juris (eks fik-shee-oh-nee joor-is). [Latin] By \na fiction oflaw. ex figura verborum (eks fi-gyuur-d vdr-bor-dm). [Law \nLatin] Hist. By the form of the words used . A defec\ntive deed could not be fixed merely by calling it some\nthing else. \nexfraude creditorum (eks fraw -dee kred -kred -i -tor-dm). \n[Law Latin] Hist. On the ground offraud toward credi\ntors. A preference could be set aside if it were made \nwithin 60 days of the bankruptcy filing. \nexfrediare (eks-free-dee-air-ee), vb. [Latin] To break the \npeace; to commit open violence. \nex. gr. abbr. EXEMPLI GRATIA. \nex gratia (eks gray-shee-d or grah-tee-d). [Latin \"by \nfavor\"] (18c) As a favor; not legally necessary. -Also \ntermed a gratia. \nex gratia payment. (1916) A payment not legally \nrequired; esp., an insurance payment not required to \nbe made under an insurance policy. [Cases: Insurance \nC=3615(1).] \nex gravi querela (eks gray-vI kwa-ree-la). [Latin \"from \nor on the grievous complaint\"] Hist. A writ that lay for \na person to whom any lands or tenements in fee were \ndevised by will (within any city, town, or borough in \nwhich lands were devisable by custom), against an heir \nofthe devisor who entered and detained them from the \ndevisee. The writ was abolished by the Real Property \nLimitation Act (1833). St. 3 & 4 Will. 4, ch. 27,  36. \nexhausted ballot. See exhausted vote under VOTE (1). \nexhausted combination. See old combination under \nCOMBINATION. \nexhausted-combination rejection. See old-combination \nrejection under REJECTION. \nexhausted vote. See VOTE (1). \nexhaustion of remedies. (1876) The doctrine that, if \nan administrative remedy is provided by statute, a \nclaimant must seek relief first from the administrative \nbody before judicial relief is available. The doctrine's \npurpose is to maintain comity between the courts and \nadministrative agencies and to ensure that courts will \nnot be burdened by cases in which judicial relief is \nunnecessary. -Also termed exhaustion ofadminis\ntrative remedies. [Cases: Administrative Law and Pro\ncedure C=229.] \n\"The traditional rule can ... be fairly simply stated. A \nlitigant must normally exhaust state 'legislative' or 'admin\nistrative' remedies before challenging the state action in \nfederal court. He or she need not normally exhaust state \n'judicial' remedies. The rationale for this distinction is that \nuntil the administrative process is complete, it cannot be \ncertain that the party will need judicial relief, but when the \ncase becomes appropriate for judicial determination, he \nor she may choose whether to resort to a state or federal \ncourt for that relief. The word 'normally' is required in \nboth branches of the rule.\" Charles Alan Wright, The Law \nof Federal Courts  49, at 313 (5th ed. 1994). \nvicarious exhaustion of remedies. The rule that if \none member of a class satisfies a requirement to \nexhaust administrative remedies, that is enough \nfor all others similarly situated to be considered as \nhaving exhausted the remedies. -Often shortened \n\n655 \nto vicarious exhaustion. [Cases: Administrative Law \nexhaustiou-of-rights doctriue. Int'llaw. The principle \nthat once the owner of an intellectual-property right \nhas placed a product covered by that right into the \nmarketplace, the right to control how the product is \nresold within that internal market is lost . Within \na common market, such as the European Union, the \ndoctrine also applies to the import and export of the \ngoods between member nations. Cf. PATENT-EXHAUS\nTION DOCTRINE. \nexhaustion ofstate remedies. (1944) The doctrine that \nan available state remedy must be exhausted in certain \ntypes of cases before a party can gain access to a federal \ncourt.  For example, a state prisoner must exhaust \nall state remedies before a federal court will hear a \npetition for habeas corpus. [Cases: Habeas Corpus \n(;':::2319-352.J \nexhibere (ek-5;)-beer-ee), vb. [Latin) 1. To present (a \ntangible thing) 50 that it may be handled. 2. To appear \npersonally to defend against an action at law. \nexhibit, n. (17c) 1. A document, record, or other tangible \nobject formally introduced as evidence in court. \n[Cases: Criminal Law C-=>404.5; Evidence (;:.'188.] 2. \nA document attached to and made part ofa pleading, \nmotion, contract, or other instrument. \nexhibit, vb. Archaic. To bring a lawsuit by filing (a bill). \nexhibitio billae (ek-s;)-bish-ee-oh bil-ee). [Latin] Hist. \nThe commencement of a suit by presenting or exhibit\ning a bill to the court. \nexhibition. Scots law. An action to compel the produc\ntion or delivery ofdocuments. \nexhibitionism, n. (1893) The indecent display of one's \nbody. -exhibitionist, adj. & 11. \nexhibition value. In the motion-picture industry, the \nminimum receipts that distributors expect to realize \nfrom showing a particular film. -Also termed \nminimum sale; price expecta11cy. \nexhibit list. (1929) 1. A pretrial filing that identifies by \nnumber and description the exhibits a party intends to \noffer into evidence at trial.  Courts often require the \nexchange of exhibit lists before trial so that evidentiary \ndisputes can be resolved with minimal disruption in the \ncourse of a jury trial. lCases: Federal Civil Procedure \n1941; Pretrial Procedure (;':::2744,752.] 2. A \ndocument prepared during a trial by the clerk or a court\nroom deputy to identify by number and description the \nexhibits that the parties have entered into evidence. \nexhibitory interdict. See INTERDICT (1). \nexhumation (eks-hyoo-may-sh;)n or eg-zyoo-), 11. (18c) \nThe removal from the earth ofsomething buried, esp. \na human corpse; disinterment. [Cases: Dead Bodies \nex hypothesi (eks hI-poth-;)-sI). [Latin] Hypotheti\ncally; by hypothesis; on the assumption <conviction \nfor a felony is ex hypothesi impossible in the case of \nsuicide>. ex ingenio \nexidos (e-hee-thohs), 11. See EfIDOS. \nexigency (ek-s;)-j;)n-see), 11. (16c) A state of urgency; a \nsituation requiring immediate action. Also termed \nexige11ce. \nexigendary (ek-s;)-jen-d<l-ree), n. See EXIGENTER. \nexigent, adj. (17c) Requiring immediate action or aid; \nurgent <exigent circumstances>. \nexigent (ek-s;)-j;)nt), n. Hist. A judicial writ employed \nin the process of outlawry, commanding the sheriff \nto demand the defendant's appearance, from county \ncourt to county court, until he was outlawed or, if \nthe defendant appeared, to take him before the court to \nanswer the plaintiff's action. See EXIGI FACIAS. \nexigent circumstances. See CIRCUMSTANCE. \nexigenter (ek-s;)-jen-t;)r), rl. (16c) Hist. An officer of \nthe court of common pleas responsible for preparing \nexigents and proclamations in the process of outlawry. \n This office was abolished in 1837 by the Superior \nCourts (Officers) Act, St. 7 Will. 4, and 1 Vict., ch. \n30. -Also termed exige11dary. \nexigent list. A list of cases set down for hearing upon \nvarious incidental and ancillary motions and rules. \nexigent search. See SEARCH. \nexigible (ek-s;)-j;)-b;)l), adj. (17c) Requirable; demandable \n(as a debt). Cf. PRESTABLE. \nexigible debt. See DEBT. \nexigifadas (ek-sCl-jI fay-shee-Cls). [LatinlThat you cause \nto be demanded . These were the emphatic words of \nthe Latin form of the writ of exigent; the phrase was \nsometimes used as the name of the writ. See EXIGENT. \nexile, n. (14c) 1. Expulsion from a country, esp. from the \ncountry ofone's origin or longtime residence; banish\nment. \nforced exile. Compelled removal or banishment from \none's native country. \n2. A person who has been banished. 3. A prolonged vol\nuntary absence from one's home country. exile, vb. \nexilium (eg-zil-ee-;)m), 11. [Latin \"exile\"] Hist. 1. \nthe act ofdriving away or despoiling. 2. A type of waste \nconsisting in the driving away of an estate's bondser\nvants and tenants by demolishing their homes or by \nenfranchiSing the bondservants and then turning them \nout of their homes. \nEx-1m Bank. See EXPORT-IMPORT BANK OF THE UNITED \nSTATES. \nex incommodo (eks in-kom-;)-doh). [Latin) Hist. On \naccount ofinconvenience . An argument based solely \non inconvenience was usu. rejected. \nex incontinenti (eks in-kon-td-nen-tr). [Latin] Hist. \nWithout delay; in a summary manner. \nex industria (eks in-das-tree-;). [Latin] With contriv\nance or deliberation; designedly; on purpose. \nex ingenio (eks in-jeu-ee-oh). [Latin] Hist. According to \nthe judgment ofanyone. \n\n656 ex instrumentis de novo repertis \nex instrumentis de novo repertis (eks in-stra-men-tis \ndee noh-voh rep-ar-tis). [Law Latin) Hist. On account \nof documents newly or recently found . The phrase \nappeared in reference to a basis for altering a decree. \nSee INSTRUMENTA NOVITER REPERTA. \nex integro (eks in-t::l-groh). [Latin] Anew; afresh. \nex intervallo (eks in-t::lr-val-oh). [Latin] Hist. At some \ninterval. \nexistent corner. See CORNER. \nexistimatio (eg-zis-t::l-may-shee-oh), n. [Latin] Roman \nlaw. 1. The civil reputation belonging to a Roman \ncitizen of unimpeached dignity or character; the \nhighest standing of a Roman citizen. 2. The decision \nor award of an arbiter. PI. existimationes (eg-zis-t::l\nmay-shee-oh-neez). \nexit, n. (16c) 1. A way out. See EGRESS. 2. In a docket \nentry, an issuance of something (as a writ or process). \n For example, exit attachment denotes that a writ of \nattachment has been issued in the case. exit, vb. \nexitus (ek-si-t::ls), n. [Latin] Hist. 1. Children;"}
{"text": "case. exit, vb. \nexitus (ek-si-t::ls), n. [Latin] Hist. 1. Children; offspring. 2. \nThe rents, issues, and profits oflands and tenements. 3. \nAn export duty. 4. The conclusion ofa pleading. \nex jure (eks juur-ee). [Latin] Of or by legal right. \nex jure naturae (eks joor-ee n::l-t[y]oor-ee). [Latin] Hist. \nAccording to the law of nature. \nex jure representation is (eks joor-ee rep-ri-zen-tay-shee\noh-nis). [Law Latin] Hist. According to the law of rep\nresentation. \nexjusta causa (eks j3s-ta kaw-z::l). [Latin] From a just or \nlawful cause; by a just or legal title. \nexjustitia (eks j ..s-tish-ee-::l). [Latin] From justice; as a \nmatter ofjustice. \nexlegalitas (eks-Ia-gay-la-tas), n. [Law Latin] Hist. 1. \nOutlawry; outside the law's protection. 2. A person \nwho is prosecuted as an outlaw. \nex legal municipal bond. See BOND (3). \nexlegare (eks-Ia-gair-ee), vb. [Law Latin] Hist. To outlaw; \nto deprive of the benefit and protection ofthe law. \nex lege (eks lee-jee or lay-gay). [Latin] By virtue oflaw; as \na matter oflaw <property forfeited ex lege>. \n\"Antecedent rights 'in personam' ... either arise or do not \narise out of a contract .... In the latter case, since they \narise from facts of various kinds to which it pleases the Law \nto affix similar results, we shall describe them as rights ex \nlege'; and it will be convenient to consider the rights which \narise thus variously before treating of those which arise \nsolely from contract .... The rights which we describe as \narising 'ex lege' were described by the Roman lawyers as \narising 'quasi ex contractu,' and more simply, 'ex variis \ncausarum figuris.'\" Thomas E. Holland, The Elements of \nJurisprudence 246-47 (l3th ed. 1924). \nex legibus (eks lee-ja-bas). [Latin \"according to the laws\"] \nHist. To be interpreted according to both the letter and \nthe spirit ofthe law. \nexlex (cks-Ieks), n. [Law Latin] Hist. An outlaw; one who \nis outside the law's protection. ex licentia regis (eks h-sen-shee-a ree-jis). [Latin] By the \nking's license. \nex locato (eks loh-kay-toh). [Latin) Roman law. From \nlease; out ofletting. This term referred to an action \nor right of action arising out of a contract of hiring, \nbailment for reward, or employment. See actio loeati \nunder ACTIO. \nex maleficio (eks mal-::l-fish-ee-oh), adv. [Latin] By mal\nfeasance. \nex maleficio, adj. [Latin] Tortious. \nex malitia (eks ma-lish-ee-a). [Latin] Hist. From malice; \nmaliciously . In the law ofdefamation, the term refers \nto a publication that is false and without legal excuse. \nex malo regimine (eks mal-Ioh ri-jim-a-nee). [Latin] \nHist. From bad treatment. \nex mandato (eks man-day-toh). [Latin] Hist. According \nto the mandate; arising from a mandate . \nex mere motu (eks meer-oh moh-tyoo). [Latin \"on his \nmere motion\"] Hist. Voluntarily; without suggestion \nor influence from another person. The phrase was \nformerly sometimes used in reference to a court, as an \nequivalent ofsua sponte or on its own motion. See SUA \nSPONTE. \nex metu carceris (eks mee-t[y]00 kahr-sar-is). [Latin] \nHist. From fear of imprisonment. \nex mora (eks mor-a). [Latin] Civil law. From or in conse\nquence ofdelay. Interest is allowed ex mora -that is, \nif there has been delay in repaying borrowed money. \nex mora debitoris (eks mor-a deb-i-tor-is). [Latin] Hist. \nOn account of the debtor's delay . The phrase appeared \nin reference to a basis for charging interest on a debt. \nex more (eks mor-ee). [Latin] According to custom. \nex mutuo (eks myoo-choo-oh). [Latin] From or out of \nloan. In old English law, a debt was said to arise ex \nmutuo when one lent another anything that consisted \nin number, weight, or measure. \nex natura (eks na-t[y]oor-a). [Latin] Hist. Naturally; \naccording to nature. \nex naturafeudi (eks na-t[y]oor-<'l fyoo-dl). [Law Latin] \nHist. According to the nature of the feudal right. \nex naturali jure (eks nach-..-ray-h joor-ee), adv. [Latin] \nBy or according to natural law <ex naturali jure some \ntime may be needed after a declaration of war before \nthe war begins>. See NATURAL LAW. \nex natura rei (eks na-t[y]oor-::l ree-I). [Latin] Hist. \nAccording to the nature ofthe thing (or transaction). \nex necessitate (eks na-ses-i-tay-tee). [Latin] Ofor from \nnecessity. \nex necessitate legis (eks n::l-ses-i-tay-tee lee-jis). From \nor by necessity oflaw. \nex necessitate rei (eks na-ses-i-tay-tee ree-I). From the \nnecessity or urgency of the thing or case. \nex nihilo (eks m-hi-loh). [Latin] From nothing. \n\nex nobili officio (eks nob-i-h a-fish-ee-oh). [Latin \"by \nvirtue ofits noble office\"] Scots law. (Of a judicial act) \ndone as a matter ofequity. See NOBILl OFFICIO. \nex officio (eks d-fish-ee-oh), adv. & adj. [Latin] (16c) By \nvirtue or because ofan office; bv virtue of the author\nity implied by office. -The ter~ is often misused as \na synonym for \"nonvoting.\" Some meetings mistak\nenly label their regularly invited guests as \"ex officio \nmembers\" when in fact they are not members at all; \nothers mistakenly refer to the nonvoting members as \n\"ex officio members\" even though some nonvoting \nmembers are present only in an individual capacity \nand not by virtue ofoffice, or even though some voting \nmembers also serve ex officio. But an ex officio member \nis a voting member unless the applicable governing \ndocument provides otherwise. \n\"Frequently boards include ex-officio members -that \nis, persons who are members of the board by virtue of \nan office or committee chairmanship held in the society, \nor in the parent state or national society or federation or \nsome allied group; or -sometimes in boards outside of \norganized societies -by virtue of a public office. In the \nexecutive board of a society, if the ex-officio member of \nthe board is under the authority of the society (that is, if he \nis a member, officer, or employee of the society), there is \nno distinction between him and the other board members. \nIf the ex-officio member is not under the authority of the \nsociety, he has all the privileges of board membership, \nincluding the right to make motions and to vote, but none \nofthe obligations -just as in a case, for example, where \nthe governor of a state is ex officio a trustee of a private \nacademy.\" Henry M. Robert, Robert's Rules ofOrder Newly \nRevised  49, at 466 (lOth ed. 2000). \nex officio information. English law. Acriminal informa\ntion filed by the attorney general ex officio on behalf of \nthe Crown, in the Court of King's Bench, for offenses \nmore immediately affecting the government, as distin\nguished from informations in which the Crown is the \nnominal prosecutor. \nex officio justice. (1855) A judge who serves on a com\nmission or board only because the law requires the \npresence of a judge rather than because the judge was \nselected for the position. \nex officio member. See member ex ojficio under \nMEMBER. \nex officio service (eks a-fish-ee-oh). (1845) A service \nthat the law imposes on an official by virtue of the \noffice held, such as that of a local justice of the peace \nto perform marriage ceremonies. [Cases: Officers and \nPublic Employees Cc;;) llO.] \nexogamous insemination. See artificial insemination by \ndonor under ARTIFICIAL INSEMINATION. \nexoine (e-soyn), n. [French \"excuse\"] French law. An \nact or instrument in writing containing the reasons \nwhy a party in a civil suit, or a person accused, has not \nappeared after being summoned. See ESSOIN. \nexonerate (eg-zon-<l-rayt), vb. (l6c) 1. To free from \nresponsibility <exonerate from the payment of the \ndebt>. Cf. EXCULPATE. 2. To free from encumbrances \n<exonerate the property from the mortgage lien>. \nexonerative (eg-zon-ar-ay-tiv or adj. exoneration (eg-zon-a-ray-shan). (16c) 1. The removal of \na burden, charge, responsibility, or duty. 2. The right \nto be reimbursed by reason ofhaving paid money that \nanother person should have paid. 3. The equitable right \nofa surety -confirmed by statute in many states -to \nproceed to compel the principal debtor to satisfy the \nobligation, as when, even though the surety would have \na right of reimbursement, it would be inequitable for \nthe surety to be compelled to perform if the principal \ndebtor can satisfy the obligation. -When a testator \nleaves a gift of property encumbered by a mortgage \nor lien, the doctrine of exoneration operates to satisfy \nthe encumbrance from the general assets ofthe estate. \nMany states have abandoned the common-law rule in \nfavor of exoneration. See EQUITY OF EXONERATION; \nQGIA TIMET. [Cases: Principal and Surety <2=' 179; \nWills C:~'736, 821.] \nexoneration, snit for. See SUIT FOR EXONERATION. \nexoneratione sectae (eg-zon-d-ray-shee-oh-nee sek-tee). \n[Latin]lIist. A writ that lay for the Crown's ward, to be \nfree from all suit during wardship. \nexoneratione sectae ad curiam baron (eg-zon-d-ray\nshee-oh-nee sek-tee ad kyoor-ee-dm bar-dn). [Latin \n\"by exoneration ofthe suit to the lord's court\"] Hist. A \nwrit issued by the guardian of the Crown's ward, for\nbidding the sheriff or steward of a particular court from \ndistraining or taking other action against the ward. \nexonerative fact. See FACT. \nexoneretur (eg-zon-a-ree-tilr). Hist. [Latin \"let him be \nrelieved or discharged\"] A note, recorded on a bail\npiece, of a court order to release a bail obligation after \nthe court has sentenced the defendant to prison. Cf. \nBAILPIECE (1). \nexor. abbr. EXECUTOR. \nex. ord. (often cap.) abbr. EXECUTIVE ORDER. \nexordinm (eg-zor-dee-dm). [Latin] (l6c) An introduc\ntion in a discourse or writing, esp. in a will.  In a will, \nthe exordium usu. contains statements ofthe testator's \nname and capacity to make the will. -Also termed \nexordium clause; introductory clause. \nexparitate raHonis (eks par-d-tay-tee ray-shee-oh-nis or \nrash-ee-). [Law Latin] Hist. By a parity of reasoning. \nex parte (eks pahr-tee), adv. [Latin \"from the part\"] (ISc) \nOn or from one party only, usu. without notice to or \nargument from the adverse party <the judge conducted \nthe hearing ex parte>. \nex parte, adj. (17c) Done or made at the instance and \nfor the benefit of one party only, and without notice \nto, or argument by, any person adversely interested; of \nor relating to court action taken by one party without \nnotice to the other, usu_ for temporary or emergency \nrelief <an ex parte hearing> <an ex parte injunction>. \n Despite the traditional one-sidedness of ex parte \nmatters, some courts now require notice to the oppo\nsition before what they call an \"ex parte hearing.\" \nSometimes spelled exparte. -ex parte, adv. \n\n658 ex parte application \nex parte application. See ex parte motion under MOTION \n(1). \nex parte communication. See COMMUNICATION. \nex parte divorce. See DIVORCE. \nex parte hearing. See ex parte proceeding under PRO\nCEEDING. \nex parte injunction. See INJUNCTION. \nex parte materna (eks pahr-tee md-f:u-nd). [Latin] On \nthe mother's side; of the maternal line. \nex parte motion. See MOTION (1). \nex parte order. See ORDER (2). \nex parte paterna (eks pahr-tee p,H3r-n<'l). [Latin] On the \nfather's side; of the paternal line. \nex parte proceeding. See PROCEEDING. \nEx Parte Quayle action. See QUAYLE ACTION. \nex parte reexamination. See REEXAMINATION. \nexpatriate (ek-spay-tree-it), n. (18c) An expatriated \nperson; esp., a person who lives permanently in a \nforeign country. \nexpatriate (ek-spay-tree-ayt), vb. (1812) 1. To withdraw \n(oneself) from residence in or allegiance to one's native \ncountry; to leave one's home country to live elsewhere. \n[Cases: Aliens, Immigration, and Citizenship (::=680.J \n2. To banish or exile (a person). expatriation, n. \nexpectancy, n. (1811) 1. Property. An estate with a rever\nsion, a remainder, or an executory"}
{"text": "expectancy, n. (1811) 1. Property. An estate with a rever\nsion, a remainder, or an executory interest. [Cases: \nEstates in Property C==' 1; Remainders Reversions \n1.J 2. Wills & estates. Ihe possibility that an heir \napparent, an heir presumptive, or a presumptive next \nof kin will acquire property by devolution on intestacy, \nor the possibility that a presumptive beneficiary will \nacquire property by will. [Cases: Descent and Distri\nbution <8=::>68; Wills C::;>7.] 3. Insurance. The probable \nnumber ofyears in one's life. See LIFE EXPECTANCY. \nexpectancy damages. See expectation damages under \nDAMAGES. \nexpectancy table. See ACTUARIAL TABLE. \nexpectant, adj. (14c) Having a relation to, or being \ndependent on, a contingency; CONTINGENT. \nexpectant beneficiary. See expectant distributee under \nDISTRIBUTEE. \nexpectant distributee. See DISTRIBUTEE. \nexpectant estate. See FUTURE INTEREST. \nexpectant heir. See HEIR. \nexpectant right. See RIGHT. \nexpectation, n. (16c) l.lhe act oflooking forward; antic\nipation. 2. A basis on which something is expected to \nhappen; esp., the prospect ofreceiving wealth, honors, \nor the like. \n\"[E]xpectation does not in itself amount to intention. An \noperating surgeon may know very well that his patient \nwill probably die of the operation; yet he does not intend \nthe fatal consequence which he expects. He intends the \nrecovery which he hopes for but does not expect.\" John Salmond, Jurisprudence 379-80 (Glanville L Williams ed., \n10th ed. 1947). \nexpectation damages. See DAMAGES. \nexpectation interest. See INTEREST (2). \nexpectation ofHfe. See LIFE EXPECTANCY. \nexpectation ofprivacy. (1965) A belief in the existence of \nthe right to be free ofgovernmental intrusion in regard \nto a particular place or thing . To suppress a search on \nprivacy grounds, a defendant must show the existence \nof the expectation and that the expectation was reason\nable. [Cases: Searches and Seizures e:-~26.] \nexpected/intended exclusion. See EXCLUSION (J). \nexpediente (ek-sped-ee-en-tee), n. [Spanish] Spanish law. \n1. The papers or documents constituting a grant or title \nto land from the government; esp., a historical record \nof proceedings relating to a grant of land by the sov\nereign. 2. A legal or administrative case file; esp., the \nofficial record ofall filings and orders in a lawsuit. 3. A \nmaneuver intended to achieve a particular result. \nexpediment (ek-sped-a-m;mt), n. (1848) The whole of \none's goods and chattels. \nexpedited proceeding. See SHOW-CAUSE PROCEEDING. \nexpeditio brevis (ek-sp<'l-dish-ee-oh bree-v<'ls). [Latin] \nArchaic. The service ofa writ. \nexpel, vb. (I5c) To drive out or away; to eject, esp. with \nforce. See EJECT; EVICT. \nexpenditor (ek-spen-da-tdr). (15c) One who expends or \ndisburses certain taxes; a paymaster. \nexpenditure. (I8c) 1. The act or process of paying out; \ndisbursement. 2. A sum paid out. \nexpensae litis (ek-spen-see II-tis). [Latin] Costs or \nexpenses ofa lawsuit, for which a successful party is \nsometimes reimbursed. \nexpense, n. (14c) An expenditure of money, time, labor, \nor resources to accomplish a result; esp., a business \nexpenditure chargeable against revenue for a specific \nperiod. Cf. COST (1). -expense, vb. \naccrued expense. (1880) An expense incurred but not \nyet paid. \nadministrative expense. See general administrative \nexpense. \nbusiness expense. (1858) An expense incurred to \noperate and promote a business; esp., an expendi\nture made to further the business in the taxable year \nin which the expense is incurred . Most business \nexpenses -unlike personal expenses are tax\ndeductible. [Cases: Internal Revenue \n3377.] \ncapital expense. (I913) An expense made by a business \nto provide a long-term benefit; a capital expenditure. \n A capital expense is not deductible, but it can be \nused for depreciation or amortization. [Cases: Internal \nRevenue C='3319.] \ncapitalized expense. An amortized expense. \ncurrent expense. See operating expense. \n\n659 experimental-use defense \ndeferred expense. (1925) A cost incurred by a business \nwhen the business expects to benefit from that cost \nover a period beyond the current year . An example \nis a prepaid subscription to a business periodical the \ncost of which will be recognized as an expense over \na multiyear subscription period. [Cases: Internal \nRevenue (;:::::>3372.] \neducational expense. (1882) A deductible expense \nincurred either to maintain or improve an existing \njob skill or to meet a legally imposed job requirement. \n[Cases: Internal Revenue (;:='3357.] \nentertainment expense. An expense incurred while \nproviding entertainment relating directly to or asso\nciated with a business purpose. Entertainment \nexpenses are partially tax-deductible. [Cases: Internal \nRevenue C=:>3338.] \nextraordinary expense. (l6c) An unusual or infre\nquent expense, such as a write-off of goodwill or a \nlarge judgment.  As used in a constitutional pro\nvision authoriZing a state to incur extraordinary \nexpenses, the term denotes an expense for the general \nwelfare compelled by an unforeseen condition such \nas a natural disaster or war. Also termed extraor\ndinary item. \nfixed expense. Seefixed cost under COST. \nfuneral expense. (usu. pi.) (I8c) An expense necessarily \nand reasonably incurred in procuring the burial, cre\nmation, or other disposition of a corpse, including the \nfuneral or other ceremonial rite, a casket and vault, \na monument or tombstone, a burial plot and its care, \nand a visitation (or wake). [Cases: Cemeteries \n18; Dead Bodies C=2.] \ngeneral administrative expense. (usu. pl.) (1907) An \nexpense incurred in running a business, as distin\ngUished from an expense incurred in manufacturing \nor selling; overhead . Examples include executive \nand clerical salaries, rent, utilities, and legal and \naccounting services. -Also termed administrative \nexpense; general expense. -Abbr. G & A. \nmedical expense. (1853) 1. An expense for medical \ntreatment or healthcare, such as drug costs and \nhealth-insurance premiums . Medical expenses are \ntax-deductible to the extent that the amounts (less \ninsurance reimbursements) exceed a certain per\ncentage of adjusted gross income. [Cases: Internal \nRevenue C='3366.] 2. (usu. pi.) In dvillitigation, any \none of many possible medical costs that the plaintiff \nhas sustained or reasonably expects to incur because \nof the defendant's allegedly wrongful act, including \ncharges for visits to physicians' offices, medical pro\ncedures, hospital bills, medicine, and recuperative \ntherapy needed in the past and in the future. -Often \nshortened (in pI.) to medicals. \nmoving expense. (1903) An expense incurred in \nchanging one's residence . Ifincurred for business \nreasons (as when one's job requires relocation), most \nmoving expenses are tax-deductible. [Cases: Internal \nRevenue (;::::: 3367.] operating expense. (1861) An expense incurred in \nrunning a business and producing output. -Also \ntermed current expense. \nordinary and necessary expense. (1826) An expense \nthat is normal or usual and helpful or appropriate \nfor the operation of a particular trade or business \nand that is paid or incurred during the taxable year . \n Ordinary and necessary expenses are tax-deduct\nible. -Also termed ordinary and necessary business \nexpense. [Cases: Internal RevenueC=3318.) \norganizational expense. (1941) An expense incurred \nwhile setting up a corporation or other entity. \nout-of-pocket expense. (1905) An expense paid from \none's own funds. \nprepaid expense. (1919) An expense (such as rent, \ninterest, or insurance) that is paid before the due date \nor before a service is rendered. \ntravel expense. (1905) An expense (such as for meals, \nlodging, and transportation) incurred while away \nfrom home in the pursuit of a trade or business. See \nTAX HOME. [Cases: Internal Revenue C=3339.] \nexpense loading. See LOADING. \nexpense ratio. Accounting. The proportion or ratio of \nexpenses to income. \nexpenses ofadministration. (18c) Expenses incurred by \na decedent's representatives in administering the estate. \n[Cases: Executors and Administrators C-~108.] \nexpenses of receivership. (I8c) Expenses incurred by \na receiver in conducting the business, including rent \nand fees incurred by the receiver's counsel and by any \nmaster, appraiser, and auditor. [Cases: Receivers (;::; \n154.] \nexpense stop. (1990) A lease provision establishing the \nmaximum expenses to be paid by the landlord, beyond \nwhich the tenant must bear all remaining expenses. \nexpensilatio (ek-spen-sr-lay-shee-oh), n. [Latin] Roman \nlaw. An entry to the debit of one party in the account \nbook ofanother party, esp. as part of a literal contract. \nSee literal contract (1) under CONTRACT. PI. expensila\ntiones (ek-spen-sI-Iay-sheeoh-neez). \nexpensis militum non levandis (ek-spen-sis mi-lit-<lm \nnon l<l-van-dis). [Latin] Hist. A writ to prohibit the \nsheriff from levying any allowance for knights of the \nshire on persons who held lands in ancient demesne. \nSee ancient demesne under DEMESNE. \nexperience rating. Insurance. A method of determining \nthe amount of the premium by analyzing the insured's \nloss record over time to assess (1) the risk that covered \nevents will occur, and (2) the amount of probable \ndamages if they do. [Cases: Insurance C=1542(2).) \nexperimental use. See USE (1). \nexperimental-use defense. Patents. A defense to a claim \nof patent infringement raised when the construction \nand use of the patented invention was for scientific \npurposes only . While still recognized, this defense \nis narrowly construed and today may apply only to \n\n660 experimental-use exception \nresearch that tests the inventor's claims. 35 USCA  \n271(e)(l). [Cases: Patents C:::::>260.] \nexperimental-use exception. Patents. An exception to \nthe public-use statutory bar, whereby an inventor is \nallowed to make public use ofan invention for more \nthan one year when that use is necessary to test and \nimprove the invention. [Cases: Patents (;::::>75.] \nexpert, n. (l6c) A person who, through education or \nexperience, has developed skill or knowledge in a par\nticular subject, so that he or she may form an opinion \nthat will assist the fact-finder. Fed. R. Evid. 702. See \nDAUBERT TEST. [Cases: Criminal Law (;:::::0478-480; \nEvidence C-~534.5-546.] expertise (ek-spar-teez), \nn. \nconsulting expert. (1897) An expert who, though \nretained by a party, is not expected to be called as a \nwitness at trial. _ A consulting expert's opinions are \ngenerally exempt from the scope of discovery. Fed. \nR. Civ. P. 26(b)(4)(B). Also termed nontestifying \nexpert. [Cases: Federal Civil Procedure 1266; \nPretrial Procedure \nimpartial expert. (1870) An expert who is appointed \nby the court to present an unbiased opinion. -Also \ntermed court-appointed expert. Fed. R. Evid. 706. \n[Cases: Federal Civil Procedure (;:::::0 1951; Trial \n18.] \ntestifying expert. (1952) An expert who is identified \nby a party as a potential witness at trial. -As a part \nofinitial disclosures in federal court, a party must \nprovide to all other parties a wide range ofinforma\ntion about a testifying expert's qualifications and \nopinion, including all information that the witness \nconsidered in forming the opinion. Fed. R. Civ. P. \n26(a)(2)(b). [Cases: Federal Civil Procedure \nPretrial Procedure \nexpert evidence. See EVIDENCE. \nexpert opinion. See OPINION (3). \nexpert-reliance materials. Facts, documents, and other \nsources that provide data or information to an expert \nwitness. _ Often shortened to reliance materials. [Cases: \nCriminal Law C-'-J486; Evidence C:::-:>155.] \nexpert testimony. See expert evidence under EVIDENCE. \nexpert witness. See WITNESS. \nexpert-witness fee. See FEE (1). \nex pietate (eks pI-a-tay-tee). [Latin] Hist. From natural \naffection and duty. \nexpilare (eks-pa-Iair-ee), vb. [Latin] Roman law. In the \nlaw of inheritance, to spoil; to rob; to plunder. See \nCRIMEN EXPILATAE HEREDITATIS. \nexpilatio (eks-pd-Iay-shee-oh), n. [Latin] Roman law. "}
{"text": "EDITATIS. \nexpilatio (eks-pd-Iay-shee-oh), n. [Latin] Roman law. \nThe offense ofunlawfully appropriating goods belong\ning to a succession . This offense was not technically \ntheft (furtum) because the property belonged to neither \nthe decedent nor an heir, since the latter had not yet \ntaken possession. PI. expilationes (eks-pd-lay-shee-oh\nneez). -Also termed expilation. expilator (eks-pa-Iay-tar), n. [Latin] Roman law. A \nrobber; a spoiler or plunderer. See EXPILATlO. \nexpiration, n. A coming to an end; esp., a formal termi\nnation on a closing date <expiration ofthe insurance \npolicy>. -expire, vb. \nexpiration date. (1803) The date on which an offer, \noption, or the like ceases to exist. -Also termed expiry \ndate. \nexpiry date. See EXPIRATION DATE. \nexpiry of the legal. Scots law. The end of the period \nduring which a debtor can redeem land awarded to a \ncreditor by paying off the debt. \nexplanatory-phrase rule. Trademarks. The principle that \na senior user ofa family-name trademark is entitled to \na judicial remedy for unfair competition if the same \nfamily name appears on competing goods or services, \nthe remedy being that the junior user must include on \nsigns, labels, and advertisements an explanation that \nthe company is not affiliated with the senior user's \ncompany. _ The rule resolves two conflicting princi\nples: (1) everyone has the right to use a family name in \nbusiness, and (2) no one may use a family name in a \nway that unfairly hurts someone else's business. [Cases: \nTrademarks (;:::, 1526.] \nexplecia (ek-splee-shee-<l). [Law Latin] See EXPLETA. \nexplees (ek-spleez). See ESPLEES. \nexpleta (ek-splee-t<l), n. pl. [Law Latin] Hist. The rents and \nprofits ofan estate. Also termed expletia; explecia.. \nexplicatio (eks-pld-kay-shee-oh), n. [Law Latin] Civil \nlaw. The fourth pleading in an action, conSisting of \nthe plaintiff's response to the defendant's rejOinder. \n_ This is the civil-law equivalent ofthe common-law \nsurrejoinder. \nexploding adjustable-rate mortgage. See MORTGAGE. \nexploitation, n. (19c) The act of taking advantage of \nsomething; esp., the act of taking unjust advantage of \nanother for one's own benefit. See SEXUAL EXPLOITA\nTION. -exploit, vb. exploitative, adj. \nexploration manager. See LA~D MANAGER. \nexport, n. (17e) 1. A product or service created in one \ncountry and transported to another. \ndomestic export. A product originally grown or manu\nfactured in the United States, as distinguished from \na product originally imported into the United States \nand then exported. \n2. The process of transporting products or services to \nanother country. Cf. IMPORT (1), (2). \nexport, \t vb. (I5c) 1. To send or carry abroad. 2. To \nsend, take, or carry (a good or commodity) out of the \ncountry; to transport (merchandise) from one country \nto another in the course of trade. 3. To carry out or \nconvey (goods) by sea. \nexportation. (l7c) The act ofsending or carrying goods \nand merchandise from one country to another. \nExport Clause. See IMPORT-EXPORT CI.AUSE. \n\n661 expressio unius est exclusio alterius \nexport declaration. (1920) A document required \nby federal law -containing details of an export \nshipment. \nexport draft. See DRAFT. \nExport-Import Bank ofthe United States. A federally \nchartered bank that finances the export of goods and \nservices by direct lending or by issuing guarantees and \ninsurance so that private banks can extend credit. \nThe bank was organized by Executive Order 6581 of2 \nFeb. 1934. Itbecame independent in 1945. 12 USCA  \n635 et seq. Often shortened to Ex-1m Bank. \nexport letter ofcredit. See LETTER OF CREDIT. \nexport quota. See QUOTA. \nexport tax. See TAX. \nexpose (ek-spoh-zay), n. [French] (1803) 1. A statement \nor account; an explanation. -In diplomatic language, \nthe term describes a written explanation ofthe reasons \nfor a certain act or course ofconduct. 2. Exposure of \ndiscreditable matter. \nexpositio (eks-pa-zish-ee-oh), n. [Latin] An explanation \nor interpretation; an exposition. \nexposition de part (eks-poh-zee-syawn da pahr). \n[French] French law. The abandonment, in either a \npublic or a private place, ofa child that is unable to \ntake care ofitself. \nexpository jurisprudence. See JURISPRUDENCE. \nexpository statute. See declaratory statute under STAT\nUTE. \nex post, adj. [Latin \"from after\"] (1937) Based on knowl\nedge and fact; viewed after the fact, in hindsight; objec\ntive; retrospective. Cf. EX ANTE. \nexpost facto (eks pohst fak-toh), adj. (18c) Done or made \nafter the fact; having retroactive force or effect. \nexpost facto, adv. [Latin\"from a thing done afterward\"] \n(l7c) After the fact; retroactively. \nEx Post Facto Clause. (1848) One oftwo clauses in the \nU.S. Constitution forbidding the enactment ofex post \nfacto laws. U.S. Const. art. I,  9, cl. 3; art. I,  10, cl. 1. \n[Cases: Constitutional Law C=>2781-2845.] \nex post facto law. (18c) A law that impermissibly applies \nretroactively, esp. in a way that negatively affects a \nperson's rights, as by criminalizing an action that was \nlegal when it was committed. -Ex post facto criminal \nlaws are prohibited by the U.S. Constitution. But ret\nrospective civil laws may be allowed. See RETROACTIVE \nLAW. [Cases: Constitutional Law C=='2781-2845.] \nexposure. (17c) The amount ofliability or other risk to \nwhich a person is subject <the client wanted to know its \nexposure before it made a settlement offer>. \ndangerous exposure. Maritime law. Exposure that \nis reasonably foreseeable in the ordinary chances, \nmistakes, or hazards ofnavigation. \nexposure ofperson. See INDECENT EXPOSURE. \nexposure theory. Insurance. A theory of coverage pro\nviding that an insurer must cover a loss ifthe insurance was in effect when the claimant was exposed to the \nproduct that caused the injury. Cf. MANIFESTATION \nTHEORY; ACTUAL-INTURY TRIGGER; TRIPLE TRIGGER. \n[Cases: Insurance C-';)2265.] \nexpress, adj. (14c) Clearly and unmistakably communi\ncated; directly stated. Cf. IMPLIED. -expressly, adv. \nexpress abandonment. See ABANDONMENT (10). \nexpress abrogation. (1857) The repeal ofa law or provi\nsion by a later one that refers directly to it; abrogation \nby express provision or enactment. \nexpress acceptance. See ACCEPTANCE (4). \nexpress active trust. See active trust under TRUST. \nexpress actual knowledge. See actual knowledge (1) \nunder KNOWLEDGE. \nexpress agency. See AGENCY (1). \nexpress aider. See AIDER BY SUBSEQUENT PLEADING. \nexpress amnesty. See AMNESTY. \nexpress assent. See ASSENT. \nexpress assumpsit. See special assumpsit under ASSUMP\nSIT. \nexpress authority. See AUTHORITY (1). \nexpress color. See COLOR. \nexpress condition. See CONDITION (2). \nexpress consent. See CONSENT (1). \nexpress consideration. See CONSIDERATION (1). \nexpress contract. See CONTRACT. \nexpress covenant. See COVENANT (1). \nexpress dedication. See DEDICATION. \nexpress dissatisfaction. Wills & estates. A beneficiary's \ncontesting ofa will or objecting to anyprovision ofthe \nwill in a probate proceeding. \nexpressed, adj. (16c) Declared in direct terms; stated in \nwords; not left to inference or implication. \nexpressio falsi (ek-spres[h]-ee-oh fal-sl or fawl-sI). \n[Latin] Rist. A false statement. -Such a statement \nmight result in rescission ofa contract. Cf. ALLEGATIO \nFALSI. \nexpression, freedom of. See FREEDOM OF EXPRESSION. \nexpressio unius est exclusio alterius (ek-spres[h]-ee\noh YOO-nI-;:lS est ek-skloo-zhee-oh al-ta-rI-;:ls). [Law \nLatin] A canon ofconstruction holding that to express \nor include one thing implies the exclusion ofthe other, \nor ofthe alternative. _ For example, the rule that \"each \ncitiZen is entitled to vote\" implies that noncitizens are \nnot entitled to vote. -Also termed indusio unius est \nexdusio alterius; expressum fa cit cessare tacitum. Cf. \nEJUSDEM GENERIS; NOSCITUR ASOCIIS; RULE OF RANK. \n[Cases: Contracts C=>152; Statutes ~195.] \n\"Several Latin maxims masquerade as rules of interpre\ntation while doing nothing more than describing results \nreached by other means. The best example is probably \nexpressio unius est exc/usio alter-ius, which is a rather \nelaborate, mysterious sounding, and anachronistic way \nof describing the negative implication. Far from being a \n\n662 expressive association, freedom of \nrule, it is not even lexicographically accurate, because it is \nsimply not true, generally, that the mere express conferral \nof a right or privilege in one kind of situation implies the \ndenial of the equivalent right or privilege in other kinds. \nSometimes it does and sometimes it does not, and whether \nit does or does not depends on the particular circumstances \nof context. Without contextual support, therefore, there is \nnot even a mild presumption here. Accordingly, the maxim \nis at best a description, after the fact, of what the court has \ndiscovered from context.\" Reed Dickerson, The Interpreta\ntion and Application ofStatutes 234-35 (1975). \n\"The canon expressio unius est exc/usio alterius is ... based \non the assumption of legislative omniscience, because \nit would make sense only if all omissions in legislative \ndrafting were deliberate. Although this canon seemed dead \nfor a while, it has been resurrected by the Supreme Court to \nprovide a basis for refusing to create private remedies for \ncertain statutory violations. Its recent disparagement by a \nunanimous Court [in Herman & MacLean v. Huddleston, 459 \nU.s. 375, 386 n.23, 103 S.O. 683, 690 n. 23 (1983)) puts its \nfuture in some doubt but more likely confirms that judicial \nuse of canons of construction is opportunistic.\" Richard A. \nPosner, The Federal Courts: Crisis and Reform 282 (] 985). \nexpressive association, freedom of. See FREEDOM OF \nASSOCIATION. \nexpressive crime. See CRIME. \nexpress malice. See MALICE. \nexpress notice. See NOTICE. \nexpress obligation. See conventional obligation under \nOBLIGATION. \nexpress permission. See PERMISSION. \nexpress power. See enumerated power under POWER \n(3). \nexpress private passive trust. See TRUST. \nexpress repeal. See REPEAL. \nexpress republication. (I8c) A testator's repeating of \nthe acts essential to a will's valid execution, with the \navowed intent ofrepublishing the will. See REPUBLICA\nTION (2). [Cases: Wills C=>197,199.] \nexpress trust. See TRUST. \nexpressum facit cessare tacitum. See EXPRESSIO UNIUS \nEST EXCLUSIO ALTERIUS. \nexpress waiver. See WAIVER (1). \nexpress warranty. See WARRANTY (2). \nexpromissio (eks-pr;>-mis[h]-ee-oh), n. Roman law. A \ntype of novation by which a creditor accepts a new \ndebtor in place ofa former one, who is then released. \nexpromissor (eks-pr;>-mis-;>r), n. Roman law. One who \nassumes another's debt and becomes solely liable for it, \nby a stipulation with the creditor. \nexpromittere (eks-pr<'l-mit-<'l-ree), vb. Roman law. To \nundertake tor another with the view ofbecoming liable \nin the other's place. \nex proposito (eks proh-poz-;>-toh). [Latin] Hist. Inten\ntionally; by deSign. \nexpropriation, n. (ISc) 1. A governmental taking or \nmodification ofan individual's property rights, esp. by \neminent domain; CONDEMNATION (2). Also termed \n(in England) compulsory purchase; (in Scotland) compulsory surrender. Cf. APPROPRIATION. [Cases: \nEminent Domain C=>2.] 2. A voluntary surrender \nof rights or claims; the act of renouncing or divest\ning oneself of something previously claimed as one's \nown. expropriate, vb. expropriator, n. \nex proprio motu (eks proh-pree-oh moh-tyoo). [Latin] \nOfone's own accord. \nex proprio vigore (eks proh-pree-oh vi-gor-ee). [Latin) \nBy their or its own force. \nex provisione hominis (eks pr<'l-vizh-ee-oh-nee hom-;>\nnis). [Latin] By the provision ofman; by the limitation \nof the party, as distinguished from the disposition of \nthe law. \nex provisione mariti (eks pr;>-vizh-ee-oh-nee m<'l-rHI or \nmar"}
{"text": "ex provisione mariti (eks pr;>-vizh-ee-oh-nee m<'l-rHI or \nmar-<'l-tI). [Latin] From the provision of the husband. \nexpulsion, n. (lSc) An ejectment or banishment, either \nthrough depriving a person of a benefit or by forcibly \nevicting a person. -expnlsive, adj. \nexpunction ofrecord. See EXPUNGEMENT OF RECORD. \nexpunge (ek-spanj), vb. (17c) 1. To erase or destroy <the \ntrustee wrongfully expunged the creditor's claim \nagainst the debtOr>. 2. Parliamentary law. To declare \n(a vote or other action) null and outside the record, so \nthat it is noted in the original record as expunged, and \nredacted from all future copies. --Also termed rescind \nand expunge; rescind and expunge from the minutes; \nrescind and expunge from the record. expungement \n(ek-spanj-m;>nt), expunction (ek-spangk-sh<'ln), n. \n\"Where it is desired not only to rescind an action but to \nexpress very strong disapproval, legislative bodies have \nvoted to rescind the objectionable action and expunge \nit from the record. When a record has been expunged, \nthe chief legislative officer should cross out the words or \ndraw a line around them in the original minutes and write \nacross them the words, 'Expunged by order of the senate \n(or house),' giving the date of the order. This statement \nshould be signed by the chief legislative officer. The word \n'expunged' must not be so blotted as not to be readable, \nas otherwise it would be impossible to determine whether \nmore was expunged than ordered. When the minutes are \nprinted or published, the expunged portion is omitted.\" \nNational Conference ofState Legislatures, Mason's Manual \nof Legislative Procedure  444, at 296-97 (2000). \nexpungement ofrecord. (1966) The removal ofa convic\ntion (esp. for a first offense) from a person's criminal \nrecord. Also termed expunction ofrecord; erasure of \nrecord. [Cases: Criminal Law C=>1226(3).] \nexpurgation (ek-sp<'lr-gay-sh;m), n. (ISc) The act or \npractice of purging or cleansing, as by publishing a \nbook without its obscene passages. expurgate (eks\npar-gayt), vb. expurgator (eks-par-gay-t<'lr), n. \nex quasi contractu (eks kway-zI kan-trak-t[y]oo). [Latin] \nFrom quasi-contract. \nex rei. abbr. [Latin ex relatione \"by or on the relation \nof\"J (1838) On the relation or information of. A suit \nex rei. is typically brought by the government upon the \nappHcation of a private party (called a relator) who is \ninterested in the matter. See RELATOR (1). \n\nex re nata (eks ree nay-t;l). [Latin] According to a case \nthat has arisen. \nex rights, adv. Without rights. Shares are traded ex \nrights when the value ofthe subscription privilege has \nbeen deducted, giving the purchaser no right to buy \nshares of a new stock issue. -Abbr. X; XR. -Also \ntermed rights off. \nex-rights date. The date on which a share of common \nstock no longer offers privilege subscription rights. \nex rigore juris (eks ri-gor-ee joor-is). [Latin] Accord\ning to the rigor or strictness of the law; in strictness \noflaw. \nexrogare (eks-rd-gair-ee), vb. [Latin] See ABROGARE. \nexrx. abbr. EXECUTRIX. \nex scriptis olim visis (eks skrip-tis oh-bm vI-zis or -sis). \n[Latin \"from writings formerly seen\"] A method of \nhandwriting proof available when a witness has seen \nother documents purporting to be in the party's hand\nwriting and either has had further correspondence with \nthe party about the documents' subject matter or has \nhad some other type ofcommunication with the party \nthat would lead to a reasonable presumption that the \ndocuments were in the party's handwriting. \nex ship. Ofor referring to a shipment ofgoods for which \nthe liability or risk ofloss passes to the buyer once the \ngoods leave the ship. \nex solemnitate (eks sd-Iem-ni-tay-tee). [LatinJ Hist. On \naccount of its being required as a solemnity. Cf. DE \nSOLEMNIT ATE. \nex statuto (eks st;l-tyoo-toh). [Latin] According to the \nstatute. \nex stipulatu actio (eks stip-Yd-Iay-t[y]oo ak-shee-oh). \n[Latin] Roman & civi/law. An action on a stipulation; \nan action given to recover marriage portions. \nex-stock dividend. Without stock dividend . The phrase \noften denotes the interval between the announcement \nand payment ofa stock dividend. A purchaser ofshares \nduring this interval is not entitled to the dividend, \nwhich goes to the seller. \nex sua natura (eks s[y]OO-;l nd-t[y]oor-d). [Latin] Hist. \nIn its own nature (or character). \nex tempore (eks tem-pd-ree), adv. [Latin \"out of time\"] \n1. By lapse oftime. 2. Without any preparation; extem\nporaneously. \nextend debate. Parliamentary law. To cancel or relax an \notherwise applicable limit on debate. Also termed \nextend the limits of debate. See DEBATE. Cf. CLOSE \nDEBATE; LIMIT DEBATE. \nextended-coverage clause. Insurance. A policy provision \nthat insures against hazards beyond those covered (or \nexcluded) in the basic policy. [Cases: Insurance C:;) \n2662.] \nextended debate. See DEBATE. \nextended family. See FAMILY. extended first mortgage. See wraparound mortgage \nunder MORTGAGE. \nextended insurance. See INSURANCE. \nextended policy. See INSURANCE POLICY. \nextended-reporting-period endorsement. See TAIL \nCOVERAGE. \nextended service contract. See extended warranty under \nWARRANTY (2). \nextended service warranty. See extended warranty under \nWARRA!>fTY (2). \nextended-term insurance. See LNSURANCE. \nextended warranty. See WARRANTY (2). \nextendifacias (ek-sten-dI fay-shee-ds). [Latin \"you are \nto cause to be executed\"] See EXTENT (3). \nextend the limits of debate. See EXTEND DEBATE. \nextension, n. (17c) 1. The continuation of the same \ncontract for a specified period. Cf. RENEWAL (3). [Cases: \nContracts C=>217, 242.J 2. Patents. A continuation of \nthe life ofa patent for an additional statutorily allowed \nperiod. [Cases: Patents C=> 133.] 3. Tax. A period of \nadditional time to file an income-tax return beyond \nits due date. 4. A period of additional time to take an \naction, make a decision, accept an offer, or complete a \ntask. [Cases: Internal RevenueC=>4474; Taxation \n3539, 3688.] extend, vb. \nextension agreement. (1869) An agreement provid\ning additional time for the basic agreement to be per\nformed. [Cases; Contracts C=>242.] \nextensive interpretation. See INTERPRETATION. \nextensores (ek-sten-sor-eez), n. pl. Hist. Officers \nappointed to appraise and divide or apportion land; \nextenders or appraisers. \nextent. Hist. 1. A seizure of property in execution of a \nwrit. 2. A writ issued by the Exchequer to recover a debt \nowed to the Crown, under which the debtor's lands, \ngoods, or body could all be seized to secure payment. \nAlso termed writ ofextent; extent in chief 3. A writ \ngiving a creditor temporary possession ofthe debtor's \nproperty (esp. land). -Also termed extendi facias. \nextenta manerii (ek-sten-td ma-neer-ee-I). [Latin \"the \nextent of a manor] An English statute (4 Edw., St. 1) \ndirecting the making ofa survey ofa manor and all its \nappendages. \nextent in aid. Hist. A writ that a Crown debtor could \nobtain against a person indebted to the Crown debtor \nso that the Crown debtor could satisfy the debt to the \nCrown. This writ, haVing been much abused because \nofsome peculiar privileges that Crown debtors enjoyed, \nwas abolished in 1947 by the Crown Proceedings Act. \nextent in chief. See EXTENT (2). \nextenuate (ek-sten-yoo-ayt), vb. (16c) To make less \nsevere; to mitigate. \nextenuating circumstance. See mitigating circumstance \nunder CIRCUMSTANCE. \n\nextenuation 664 \nextenuation lek-sten-yoo-ay-sh;:m), n. The act or fact of \nmaking the commission ofa crime or tort less severe. \nextern. See CLERK (4). \nexternal act. See ACT. \nexternality. (usu. pI.) (1957) A consequence or side effect \nof one's economic activity, causing another to benefit \nwithout paying or to suffer without compensation. \nAlso termed spillover; neighborhood effect. \nnegative externality. (1970) An externality that is det\nrimental to another, such as water pollution created \nby a nearby factory. \npositive externality. (1970) An externality that benefits \nanother, such as the advantage received by a neigh\nborhood when a homeowner attractively landscapes \nthe property. \nexternal obsolescence. See economic obsolescence under \nOBSOLESCENCE. \nexternal sovereignty. See SOVEREIGNTY (3). \nexterritorial. See EXTRATERRITORIAL. \nexterritoriality. See EXTRATERRITORIALITY. \nexterus (ek-star-as), n. [Latin] A foreigner or alien; one \nborn abroad. \nex testamento (eks tes-ta-men-toh), adv. [Latin] By, \nfrom, or under a will or testament <succession ex tes\ntamento is the mode ofdevolution that the property of \ndeceased persons ought primarily to follow>. Cf. AB \nINTESTATO. \nextinct, adj. (15c) 1. No longer in existence or use. 2. (Of \na debt) lacking a claimant. \nextinctive fact. See divestitive fact under FACT. \nextinctive prescription. See PRESCRIPTION (4). \nextinguish, vb. 1. To bring to an end; to put an end to. 2. \nTo terminate or cancel. 3. To put out or stifle. \nextiuguishment, n. (16c) The cessation or cancellation of \nsome right or interest.  For example, the extinguish\nment of a legacy occurs when the item bequeathed \nno longer exists or no longer belongs to the testator's \nestate. \nextinguishment of copyhold. The destruction of \ncopyhold by a uniting of freehold and copyhold inter\nests in the same person and in the same right. In \nEngland, under the 1922 Law of Property Act, copy\nholds were enfranchised and became either leasehold \nor, more often, freehold. See COPYHOLD. \nextinguishment oflegacy. See ADEMPTION. \nextinguishment of lien. (1800) A lien's discharge by \noperation oflaw. [Cases: Liens C==> 16.] \nextirpation (ek-st;>r-pay-shan), n. (16c) 1. The act of com\npletely removing or destroying something. 2. Damage \nto land intentionally done by a person who has lost the \nright to the land. \nextirpatione (ek-star-pay-shee-oh-nee), n. [Latin] Hist. A \nwrit issued either before or after judgment to restrain \na person from maliciously damaging any house or extirpating any trees on land that the person had lost \nthe right to possess. \nextort, vb. (I5c) 1. To compel or coerce (a confession, \netc.) by means that overcome one's power to resist. 2. \nTo gain by wrongful methods; to obtain in an unlawful \nmanner; to exact wrongfully by threat or intimida\ntion. extortive, adj. \nextortion, n. (14c) 1. The offense committed by a public \nofficial who illegally obtains property under the color of \noffice; esp., an official's collection ofan unlawful fee. \nAlso termed common-law extortion. [Cases: Extortion \nand Threats 1.] \n\"The dividing line between bribery and extortion is \nshadowy. If one other than the officer corruptly takes the \ninitiative and offers what he knows is not an authorized \nfee, it is bribery and not extortion. On the other hand, if the \nofficer corruptly makes an unlawful demand which is paid \nby one who does not realize it is not the fee authorized \nfor the service rendered, it is extortion and not bribery. \nIn theory it would seem possible for an officer to extort \na bribe under such circumstances that he would be guilty \nof either offense whereas the outraged citizen would be \nexcused.\" Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw 538 (3d ed. 1982). \n2. The act or practice ofobtaining something or com\npelling some action by illegal means, as by force or \ncoercion. Also termed statutory extortion. [Cases: \nExtortion and Threats C==>25.1.] -extortionate, adj. \n\"The distinction traditionally drawn between robbery by \nintimidation and blackmail or extortion is that a person \ncommits robbery when he threatens to do immediate \nbodily harm, whereas he commits blackmail or extortion \nwhen he threatens to do bodily harm in the future.\" James \nLindgren, \"Blackmail and Extortion,\" in 1 Encyclopedia of \nCrime and Justice 115, 115 (Sanford H. Kadish ed., 1983). \nextortionate credit transaction. See LOANSHARKING. \nextra (ek-stra), prep. [Latin] (1852) Beyond; except"}
{"text": "See LOANSHARKING. \nextra (ek-stra), prep. [Latin] (1852) Beyond; except; \nwithout; out of; additional. \nextra allowance. In New York practice, a sum in addition \nto costs that may, in the court's discretion, be awarded \nto the successful party in an unusually difficult case. \nSee ALLOWANCE (5). [Cases: Costs C==> 164(3).] \nextra commerdum (eks-tra ka-mar-shee-dm). [Latin] \nOutside commerce . This phrase was used in Roman \nand civil law to describe property dedicated to public \nuse and not subject to private ownership. \nextract (ek-strakt), n. 1. A portion or segment, as of a \nwriting. 2. Scots law. See ESTREAT. \nextract (ek-strakt), vb. To draw out or forth; to pull out \nfrom a fixed position. \nextracta curiae (ek-strak-ta kyoor-ee-ee). Hist. The \nissues or profits of holding a court, arising from cus\ntomary dues, fees, and amercements. \nextraction. Intellectual property. The transfer of data \nfrom a database from the server where the database \nresides to a different computer or medium. \n'''Extraction' is something of a misnomer, given that the \nextracted contents will remain on the original database, \nand are accordingly copied from, not removed from, it. It is \nalso somewhat Illogical that the contents must be removed \nto another medium. Removal to the same medium should \n\nalso constitute extraction,\" Ingrid Winternitz, Electronic \nPublishing Agreements 28 (2000). \nextra curtem domini (eks-tr;l k3r-tem dom-;l-m). [Law \nLatin) Hist. Beyond the domain of the superior. _ A \nvassal was not usu. required to perform a service (such as \ntransporting grain) beyond the superior's jurisdiction. \nextradite (ek-str;l-dIt), vb. (1864) 1. To surrender or \ndeliver (a fugitive) to another jurisdiction. [Cases: \nExtradition and Detainers (;::::;4, 23.] 2. To obtain the \nsurrender of (a fugitive) from another jurisdiction. \nextradition (ek-str;l-dish-\"m). (18c) The official surrender \nof an alleged criminal by one state or nation to another \nhaVing jurisdiction over the crime charged; the return ofa \nfugitive from justice, regardless of consent, by the author\n1t\u0001es where the fugitive is found. Cf. RENDITION (2). \ninternational extradition. Extradition in response to \na demand made by the executive of one nation on \nthe executive ofanother nation. _ 1his procedure is \ngenerally regulated by treaties. [Cases: Extradition \nand Detainers (;::::; 1-20.] \ninterstate extradition. Extradition in response to \na demand made by the governor of one state on \nthe governor of another state. _ This procedure is \nprovided for by the U.S. Constitution, by federal \nstatute, and bv state statutes. [Cases: Extradition and \nDetainers 021-42.] \nExtradition Clause. (1878) The clause of the u.s. Con\nstitution providing that any accused person who flees \nto another state must, on request of the executive \nauthority ofthe state where the crime was committed, \nbe returned to that state. U.S. Const. art. IV,  2, d. 2. \n[Cases: Extradition and Detainers \nextradition treaty. (1847) A treaty governing the precon\nditions for, and exceptions to, the surrender ofa fugitive \nfrom justice by the country where the fugitive is found \nto another country claiming criminal jurisdiction over \nthe fugitive. [Cases: Extradition and Detainers \nextradition warrant. See WARRANT (1). \nextra dividend. See extraordinary dividend under DIVI\nDEND. \nextradotal property. See PROPERTY. \nextra-elements test. Intellectual property. A judicial \ntest for determining whether a state-law claim is pre\nempted by federal intellectual-property statutes under \nthe Sears-Compco doctrine, the criterion being that if \nthe claim requires proof ofan extra element that makes \nthe action qualitatively different from an infringement \naction based on federal law, the state action is not pre\nempted. [Cases: States C== 18.84.] \nextra familiam (eks-tr;l f<)-mil-ee-;lm). [Latin] Hist. \nOutside the family. -The phrase appeared in refer\nence to the status of a child after forisfamiliation. Cf. \nINTRA FAMILIAM. \nextra feodum (eks-trCl fee-;l-dam). [Latin] Out ofhis fee; \nout of the seigniory. extrahazardous, ad}. (1831) Especially or unusually dan\ngerous. -This term is often applied to exceptionally \ndangerous railroad crossings. -Also termed ultrahaz\nardous. [Cases: Railroads (,=303-314.] \nextrahazardous activity. See ABNORMALLY DANGEROUS \nACTIVITY. \nextrahura (ek-str3-hyoor-a), n. [Law Latin] Hist. An \nanimal that wanders about or strays without its owner; \nESTRAY. \nextrajudicial, adj. (l7c) Outside court; outside the \nfunctioning ofthe court system <extrajudicial confes\nsions>. Also termed out-oj-court. \nextrajudicial admission. See ADMISSION (1). \nextrajudicial confession. See CONFESSION. \nextrajudicial enforcement. See SELF-HELP. \nextrajudicial evidence. See EVIDENCE. \nextrajudicial oath. See OATH. \nextrajudicial opinion. See OPINION (1). \nextrajudicial remedy. See REMEDY. \nextrajudicial statement. (1838) Any utterance made \noutside of court. -It is usu. treated as hearsay under \nthe rules ofevidence. [Cases: Criminal Law (;:':419.] \nextra judicium (ek-str;l joo-dish-ee-;lm). [Latin] Extra-\njudicial; out ofcourt; beyond the jurisdiction. \nextra jus (ek-stra j3S). [Latin] Beyond the law; more than \nthe law requires. \nextralateral right. See APEX RGLE. \nextralegal, adj. (l7c) Beyond the province oflaw. \nextra legem (ek-str;llee-j;lm). [Latin] Out ofthe law; out \nof the protection of the law. \nextramural powers (ek-str;l-myuur-;ll). Powers exercised \nby a municipality outside its corporate limits. [Cases: \nMuniCipal Corporations C=::~57.J \nextranational, adj. Beyond the territorial and governing \nlimits of a country. \nextraneous (ek-stray-nee-;ls), adj. See EXTRINSIC. \nextraneous evidence. See extrinsic evidence (1) under \nEVIDEKCE. \nextraneous offense. See OFFENSE (1). \nextraneous question. (1808) A question that is beyond \nor beside the point to be decided. \nextraneus (ek-stray-nee-as), n. & adj. [Latin \"outside\"] \n1. Hist. A person who is foreign-born; a foreigner. \n2. Roman law. An heir not born in the family of the \ntestator; a citizen of a foreign state. \nextraordinary average. See AVERAGE. \nextraordinary care. See great care under CARE. \nextraordinary circumstances. See CIRCUMSTANCE. \nextraordinary danger. See extraordinary hazard_under \nHAZARD (1). \nextraordinary diligence. See DILIGENCE. \nextraordinary dividend. See DIVIDEND. \n\n666 extraordinary expense \nextraordinary expense. See EXPENSE. \nextraordinary flood. A flood whose occurrence is not \npredictable and whose magnitude and destructiveness \ncould not have been anticipated or provided against by \nthe exercise of ordinary foresight; a flood so unusual \nthat a person of ordinary prudence and experience \ncould not have foreseen it. See ACT OF GOD. \nextraordinary gain. See GAIN (3). \nextraordinary grand jury. See special grarld jury under \nGRAND JURY. \nextraordinary hazard. See HAZARD (1). \nextraordinary item. See extraordinary expense under \nEXPENSE. \nextraordinary loss. See LOSS. \nextraordinary majority. See supermajority under \nMAJORITY. \nextraordinary relief. See RELIEF. \nextraordinary remedy. See REMEDY. \nextraordinary rendition. See RENDITION. \nextraordiuary repair. (1828) As used in a lease, a repair \nthat is made necessary by some unusual or unfore\nseen occurrence that does not destroy the building but \nmerely renders it less suited to its intended use; a repair \nthat is beyond the usual, customary, or regular kind. \n[Cases: Landlord and Tenant 150(l), 152(4).] \nextraordinary risk. See extraordinary hazard under \nHAZARD (1). \nextraordinary session. See special session under SESSION (I). \nextraordinary writ. See WRIT. \nextraparochial (ek-str~-Pd-roh-kee-~l), ad). Out of a \nparish; not within the bounds or limits of any parish. \nextra paternam jamiliam (eks-trd pd-tar-ndm f~-mil\nee-dm). [Law Latin) Hist. Outside the father's family. \nCf. INTRA PATERNAM FAMILIAM. \nextrapolate (ek-strap-d-Iayt), vb. (19c) 1. To estimate an \nunknown value or quantity on the basis of the known \nrange, esp. by statistical methods. 2. To deduce an \nunknown legal principle from a known case. 3. To \nspeculate about possible results, based on known \nfacts. -extrapolative (-lay-tiv or -Id-tiv), extrapola\ntory (-ld-tor-ee), adj. extrapolator (-Iay-tdr), n. \nextrapolation (ek-strap-a-Iay-shdn), n. (19c) 1. The \nprocess of estimating an unknown value or quantity \non the basis of the known range of variables. 2. The \nprocess by which a court deduces a legal principle \nfrom another case. 3. The process ofspeculating about \npossible results, based on known facts. \nextra praesentiam mariti (eks-trd pri-zen-shee-dm \nma-rI-tI or mar-a-tIl. [Latin) Out of her husband's \npresence. \nextra quattuor maria (eks-trd kwah-too-ar mar-ee-d). \n[Latin] Beyond the four seas; out of the kingdom of \nEngland. _ 1be reference is to the seas surrounding \nGreat Britain. The phrase was traditionally used when explaining a husband's impossibility ofaccess to his \nwife at the time of conception. \nextra regnum Ceks-trd reg-ndm). [Latin] Out of the \nrealm. \nextras. Construction law. Contractual amendments in \nthe nature ofadditions that were not originally part of \nthe contract, requested by an owner of a building under \nconstruction. Cf. CHANGE ORDER (1). [Cases: Contracts \nextra session. See special session under SESSION (1). \nextraterritorial, ad). (19c) Beyond the geographic limits \nof a particular jurisdiction. -Also termed exterrito\nrial. [Cases: Courts C=>29.] \nextraterritoriality. (l9c) The freedom of diplomats, \nforeign ministers, and royalty from the jurisdiction of \nthe country in which they temporarily reside. -Also \ntermed exterritoriality. See diplomatic immunity under \nIMMUNITY (1). \nextraterritorial jurisdiction. See JURISDICTION. \nextraterritorial recognition ofrights. See private inter\nnational law under INTERNATIONAL LAW. \nextra territorium (eks-trd ter-d-tor-ee-dm). [Latin] \nBeyond or outside the territory. \nExtravagantes (ek-strav-d-gan-teez), n. pl. [Law Latin \n\"wanderings\"] Eccles. law. Papal constitutions and \ndecretal epistles of Pope John xxn and certain of his \nsuccessors. These epistles were so called because they \nwere not digested or arranged with the other papal \ndecretals, but appeared detached from canon law. \nIhe term remained even after the epistles were later \nincluded in the body ofcanon law. \nextra viam (eks-tra vI-dm). [Latin \"out of the way\"] A \nplaintiff's responsive pleading in a trespass action, \nasserting that the defendant's claim of a right-of-way \nacross the plaintiff's land is not a defense to the action \nbecause the defendant strayed from the supposed right\nof-way. [Cases: Trespass C=>42.] \nextra vires (eks-trd VI-reez orveer-eez). See ULTRA VIRES. \nextra work. See WORK (1). \nextreme cruelty. See CRUELTY. \nextreme force. See deadlyforce under FORCE. \nextrinsic, adj. (I7c) From outside sources; ofor relating \nto outside matters. -Also termed extraneous. \nextrinsic ambiguity. See latent ambiguity under AMBI\nGUITY. \nextrinsic evidence. See EVIDENCE. \nextrinsic fraud. See FRAUD. \nextrinsic test. Copyright. A test for determining whether \ntwo ideas or works are substantially similar by listing \nand analyzing like and unlike elements . The test may \nbe applied and decided by the trier oflaw rather than \nthe trier of fact. Cf. INTRINSIC TEST. \nex turpi causa (eks t;)r-pI kaw-zd). [Latin] From an \nimmoral consideration . This phrase, a shortened form \n\nof the maxim ex turpi causa non oritur actio (\"from \nan immoral consideration an action does not arise\"), \nexpresses the principle that a party does not have a right \nto enforce performance of an agreement founded on \na consideration that is contrary to the public interest. \n[Cases: Action <:;=04; Contracts C='138(1).] \n'The doctrine ex turpi causa has made its way into the law \nas an extension of a moral principle. If it is misused, the \nprinciple suffers. Moreover, its misuse is a symptom of a \ndisease of thought that debilitates the law and morals. This \nis the failure to recognize that there is a fundamental differ, \nence between the law that expresses a moral principle and \nthe law that is only a social"}
{"text": "failure to recognize that there is a fundamental differ, \nence between the law that expresses a moral principle and \nthe law that is only a social regulation. If only in the growth \nof English law that distinction had been maintained, much \nof the arbitrariness and the absurdities in the cases I have \ncited would have been avoided. There is a dictum of Lord \nWright's which may some day be used as a foundation for \na change of heart. Speaking of the maxim ex turpi causa, \nhe said: 'In these days there are many statutory offences \nwhich are the subject of the criminal law and in that sense \nare crimes, but which would, it seems, afford no moral \njustification for a court to apply the maxim'. Beresford v. \nRoyal Insurance (1937),2 KB. at 220.\" Patrick Devlin, The \nEnforcement ofMorals 60 (1968). \nexuere patriam (eg-z[y]oo-a-ree pay-tree-am), vb. [Latin] \nTo renounce one's country or native allegiance; to expa\ntriate oneself. \nexulare (eks-[y]a-lair-ee), vb. [Latin] Hist. To exile or \nbanish. \nex una parte (eks [y]oo-na pahr-tee). [Latinj Ofone part \nor side; on one side. \nexuperare (eg-z[y]oo-pJ-rair-ee), vb. [Latin] To \novercome; to apprehend or take. \nex utraque parte (eks yoo-tray-kwee pahr-tee). [Latin] \nOn both sides. \nex utr;usque parentibus conjunct; (eks yoo-tree-3s-kwee \npa-ren-ti-bas km-j3ngk-tI). [Latin] Related on the side \nofboth parents; of the whole blood. \nex vi aut metu (eks VI awt mee-t[y]oo). [Latin] Hist. On \nthe ground of force or fear. -The phrase appeared in \nreference to a basis for rescinding a transaction. \nex visceribus (eks vi-ser-a-bas). [Latin \"from the \nbowels\"] From the vital part; from the very essence of \n(a thing). \nex visceribus verborum (eks vi-ser-J-bas vJr-bor-;)m). \n[Latin] From the mere words (and nothing else); from \nthe words themselves. \nex visitatione Dei (eks viz-a-tay-shee-oh-nee dee-I). \n[Latin] L By the dispensation of God; by reason of \nphysical incapacity. -Anciently, when a prisoner who \nwas being arraigned stood silently instead ofpleading, \na jury was impaneled to inquire whether the prisoner \nobstinately stood mute or was dumb ex visitatione Dei. \n2. By natural causes as opposed to violent ones. _ This \nphrase sometimes appears in a coroner's report when \ndeath results from a disease or another natural cause. ex visuscriptionis (eks VI-S[y]oo [or -z[y]oo] skrip-shee\noh-nis). [Latin] From the sight of the writing; from \nhaving seen a person write. -This phrase describes a \nmethod of proving handwriting. \nex vi termini (eks VI tar-ma-llI). [Law Latin] From or \nby the force of the term; from the very meaning of the \nexpression used. \nex voluntate (eks vol-an-tay-tee). [Latin] Voluntarily; \nfrom free will or choice. \nEXW. abbr. EX WORKS. \nexwarrants, adJ!. Without warrants. _ Shares are traded \nex warrants when they no longer carry the right to \nreceive declared warrants that have been distributed \nto holders. -Abbr. X; xw. \nex works. From the factory. -This trade term defines \nthe obligations of a buyer and a seller of goods with \nrespect to delivery, payment, and risk of loss. The \nseller's delivery is complete (and the risk ofloss passes \nto the buyer) when the goods are made available to the \nbuyer at a location ofthe seller's choice without requir\ning a collecting vehicle to be loaded, as at the seller's \nshowroom, factory, or warehouse. Abbr. EXW. \nex-works price. See PRICE. \neyde (ayd), n. [Law French] Aid; assistance; relief; subSidy. \neye for an eye. See LEX TALIONIS. \neye of the law. (l6c) The law as a personified thinker; \nlegal contemplation <dead people are no longer persons \nin the eye of the law>. \neyewitness. (16c) One who personally observes an event. \nCf. EARWITNESS. \neyewitness identification. (I939) A naming or descrip\ntion by which one who has seen an event testifies from \nmemory about the person or persons involved. \neygne (ayn), n. See EIGNE. \neyre (air). [Old French eire \"journey, march\"] 02c) Hist. \nA system ofroyal courts sent out into the counties by the \nCrown to investigate allegations ofwrongdOing, to try \ncases, and to raise revenue for the Crown through the \nlevy of fines. -The eyre system was abolished in the 13th \ncentury. See ARTICLES OF THE EYRE; JUSTICE IN EYRE. \n'In 1176 the itinerant justices were organised into six \ncircuits .... The justices assigned to these circuits, who \nnumbered as many as twenty or thirty at a time in the \n1180s, were known as justiciae errantes (later justidarU in \nitinere, justices in eyre); and the French word 'eyre' became \nthe name of one of the most prominent forms of royal \njustice until the time of Edward III. Every so often a 'general \neyre' would visit a county, bringing the kiog's government \nwith it.... The general eyre, were not merely law courts; \nthey were a way of supervising local government through \nitinerant central government.\" J.H. Baker, An Introduction \nto English Legal History 19 (3d ed. 1990) \neyrer (air-ar), vb. [Law French] (12c) Hist. To travel or \njourney; to go about. \n\nF \nF. 1. abbr. The first series of the Federal Reporter, which \nincludes federal decisions (trial and appellate) from \n1880 to 1924.2. Hist. A letter branded on a felon who \nclaimed benefit of clergy so that the felon could claim \nthe benefit only once . Additionally, those convicted \nfor an affray (fray) or falsity were so branded. \n\"He that shall maliciously strike any person with a Weapon \nin Church or Churchyard. or draw any Weapon there with \nintent to strike, shall have one of his Ears cut off; and, if \nhe have no Ears, then shall be marked on the Cheek with a \nhot Iron, having the Letter F, whereby he may be known for \na Fray-maker or Fighter.\" Thomas Blount, Noma-Lexicon: A \nLaw-Dictionary (1670). \n\"F, Is a Letter wherewith Feions, &c. are branded and \nmarked with an hot Iron, on their being admitted to the \nBenefit of Clergy.\" Giles Jacob, A New Law-Dictionary (8th \ned. 1762). \nF.2d. abbr. The second series of the Federal Reporter, \nwhich includes federal appellate decisions from 1924 \nto 1993. \nF.3d. abbr. 'llie third series ofthe Federal Reporter, which \nincludes federal appellate decisions from 1993. \nFAA. abbr. 1. FEDERAL AVIATION ADMINISTRATION. 2. \nFEDERAL ARBITRATION ACT. 3. FREE OF ALL AVERAGE. \nfabricare (fab-rd-kair-ee), vb. [Law Latin \"to make\"] Hist. \n1. To make a coin lawfully or unlawfully, 2. To forge, \nesp. a bill oflading. The term sometimes appeared in \nindictments:fabricavit et contrafecit (\"[he] forged and \ncounterfeited \"). \nfabricate, vb. (15c) To invent, forge, or devise falsely . To \nfabricate a story is to create a plaUSible version ofevents \nthat is advantageous to the person relating those events. \nThe term is softer than lie. See LIE (1). \nfabricated evidence. See EVIDENCE. \nfabricated fact. See fabricated evidence under \nEVIDENCE. \nfabric land. See LAND. \nfabula (fab-Yd-Id). [Law Latin] Hist. A contract or \ncovenant, esp. a nuptial contract. \nFAC. abbr. Failure to answer a (traffic) citation . In some \njurisdictions, ifsomeone fails to respond after receiving \na ticket, the court notifies the relevant administrative \nagency, which records this information and suspends \nthe defendant's driver's license until the FAC is vacated \nand any fines or fees are paid. \nFACE. abbr. FREEDOM OF ACCESS TO CLINIC ENTRANCES \nACT. \nface, n. (Be) 1. The surface of anything, esp. the front, \nupper, or outer part <the face ofa clock>. 2. Byexten\nsion, the apparent or explicit part ofa writing or record \n<the fraud must appear on the face of the record>. \n3. The inscribed side of a document, instrument, or judgment <although the contract appeared valid on \nits face, the buyer did not have the legal capacity to \nenter into it>. \nface amount. 1. PAR VALUE. 2. Insurance. The amount \npayable under an insurance policy. -Also termed face \nvalue;face amount insured by the policy;face ofpolicy. \n[Cases: Insurance (;:::>2037.] \nface-amount certificate. See STOCK CERTIFICATE (1). \nface-amount certificate company. See COMPANY. \nface-amount certificate ofthe installment type. Seeface-\namount certificate (1) under STOCK CERTIFICATE (1). \nface amount insured by the policy. See FACE AMOUNT. \nface of policy. See FACE AMOUNT. \nface rate. See nominal rate under INTEREST RATE. \nface value. 1. FACE AMOUNT. 2. PAR VALUE. \nfacial, adj. (19c) Apparent; of or relating to the face of \nthings; prima facie <a facial challenge to the statute>. \nfacial attack. (1966) A challenge to the sufficiency of \na complaint, such as a motion to dismiss in federal \npractice. [Cases: Federal Civil Procedure (;:::> 1742(1); \nFederal Courts ~32.] \nfacial challenge. See CHALLENGE (1). \nfacially sufficient, adj, (1972) (Of a document) appearing \nvalid on its face . A search-warrant affidavit's facial \nsufficiency will not protect it from attack ifthe affidavit \nis based on false testimony by the officer making the \naffidavit. See FRANKS HEARING. \nfacially void. See VOID. \nfacias (fay-shee-<Js). [Law Latin] That you cause . Facias \nis used in writs as an emphatic word. See FIERI FACIAS; \nLEVARI FACIAS; SCIRE FACIAS. It also appears in the \nphrase ut facias (\"so that you do\"). See DO UT FACIAS; \nFACIO UT DES; FACIO UT FACIAS. \nfacies (fay-shee-eez). (17c) [Latin] The outward appear\nance or surface of a thing. \nfadle (jas-dl), ad). (l6c) Scots law. (Of a mentally deficient \nperson) so susceptible to outside influence as to need \nlegal protection (such as a guardian). \nfacilitate, vb. (17c) Criminal law. To make the commis\nsion of a crime easier. Property (such as a vehicle \nor home) that facilitates the commission of certain \noffenses may be forfeited. -facilitator, n. \nfacilitated negotiation. See MEDIATION, \nfacilitation, n. (l7c) 1. The act or an instance of aiding \nor helping; esp., in criminal law, the act of making it \neasier for another person to commit a crime. 2. CON\nCILIATION. \n\n669 \nfacility and circumvention. Scots law. Conduct intended \nto persuade a person vulnerable to outside influence \nto act against his or her own interest.  Any contract \nbrought under conditions offacility and circumvention \nwould be void. ~. Sometimes shortened to facility. \nfacility-of-paymentdause. 1. Insurance. An insurance\npolicy provision allowing the appointment ofa person \nto receive payment from the insurer on the beneficiary's \nbehalf. [Cases: Insurance (:;::;J3468.] 2. Trusts. A trust \nprovision that allows anyone who owes money to an \nincapacitated trust beneficiary to discharge the debt by \npaying the money owed to the custodial trustee. \nfacio ut des (fay-shee-oh <It deez). [Latin \"I do so that you \ngive\"] Civil law. 1. An innominate contract in which \na person agrees to do something for recompense. See \ninnominate contract under CONTRACT. 2. The consid\neration in such a contract. \nfacio utfacias (fay-shee-oh <It fay-shee-<ls). [Latin \"I do \nthat you may do\"] Civil law. 1. An innominate contract \nin which a person agrees to do something for another \nperson who agrees to do something in return, such as \nan agreement to marry. 2. The consideration in such a \ncontract. See innominate contract under CO~TRACT. \n\"These valuable considerations are divided by the civilians \ninto four species .... The second species is, facio, ut facias: \nas when I agree with a man to do his work for him, if he will \ndo mine for me; or if two persons agree to marry together; \nor to do any positive acts on both sides. Or, it may be to \nforbear on one side in consideration of something done on \nthe other; as, that in consideration A, the tenant, will repair \nhis house, B, the landlord, will not sue him for waste.\" 2 \nWilliam Blackstone, Commentaries on the Laws of England \n444 (1766). \nfacsimile (fak-sim-<l-lee). (17c) 1. An exact copy. 2. \nFAX. \nfacsimile signature. See SIGNATURE. \nfacsimile transmission."}
{"text": "An exact copy. 2. \nFAX. \nfacsimile signature. See SIGNATURE. \nfacsimile transmission.!. See FAX (l). 2. See FAX (3). \nfact. (15c) 1. Something that actually exists; an aspect \nof reality <it is a fact that all people are mortal>. \nFacts include not just tangible things, actual occur\nrences, and relationships, but also states of mind such \nas intentions and opinions. 2. An actual or alleged \nevent or circumstance, as distinguished from its legal \neffect, consequence, or interpretation <the jury made \na finding of fact>. 3. An evil deed; a crime <an acces\nsory after the fact>. \n\"A fact is any act or condition of things, assumed (for the \nmoment) as happening or existing.\" John H. Wigmore, A \nStudents' Textbook ofthe Law of Evidence 7 (1935). \nablative fact. See divestitive fact. \nadjudicative fact (<I-joo-di-kay-tiv or -k\"'-tiv). (1959) \nA controlling or operative fact, rather than a back\nground fact; a fact that concerns the parties to a \njudicial or administrative proceeding and that helps \nthe court or agency determine how the law applies \nto those parties. For example, adjudicative facts \ninclude those that the jury weighs. Cf. legislative \nfact. [Cases: Administrative Law and Procedure \n442.] fact \nalienative fact (ay-lee-a-nay-tiv or ay-Iee-a-na-tiv). A \nfact that divests a person of a right by transferring it \nto another. \nancient fact. A fact about a person, thing, or event that \nexisted or occurred a very long time ago, and about \nwhich no living person has firsthand knowledge. \nAlso termed fact in pais. \ncollateral fact. A fact not directly connected to the \nissue in dispute, esp. because it involves a different \ntransaction from the one at issue. [Cases: Evidence \ncollative fact. See investitive fact. \ndenotative fact (dee-noh-tay-tiv or di-noh-t<l-tiv). A \nfact relevant to the use of a nonlegal term in a legal \nrule. \ndestitutive fact. See divestitive fact. \ndispositive fact (dis-poz-<l-tiv). (1946) 1. A fact that \nconfers rights or causes the loss of rights. A dis\npositive fact may be either an investitive or a divesti\ntive fact. Also termed vestitive fact (ves-ta-tiV). 2. \nA fact that is decisive of a legal matter; evidence that \ndefinitively resolves a legal issue or controversy. See \nDISPOSITION. \ndivestitive fact (di-ves-t<l-tiv or dI-). (1973) A fact that \ncauses the loss ofrights; an act or event modifying or \nextinguishing a legal relation. -Also termed extinc\ntive fact; destitutive fact; ablative fact. \nelemental fact. See ultimate fact. \nevaluative fact. (1986) A fact used to assess an action \nas being reasonable or negligent. \nevidentiary fact (ev-i-den-sha-ree) (1855) 1. A fact \nthat is necessary for or leads to the determination of \nan ultimate fact. Also termed predicate fact. 2. A \nfact that furnishes evidence of the existence of some \nother fact. Also termed evidential fact. 3. See fact \nin evidence. \nexonerative fact (eg-zon-<lr-<l-tiv or -ay-tiv). (1980) A \ndivestitive fact that extinguishes a duty. \nextinctive fact. See divestitive fact. \nfabricated fact. See fabricated evidence under \nEVIDENCE. \nfact in evidence. (l8c) A fact that a tribunal considers \nin reaching a conclusion; a fact that has been admitted \ninto evidence in a trial or hearing. -Also written \nfact-in-evidence. Also termed evidentiary fact. \n\"A {actinevidence, or, briefly, evidence, signifies any facts \nconsidered by the tribunal as data to persuade them to \nreach a reasoned belief upon a probandum. This process of \nthought by which the tribunal reasons from fact to proban \ndum is termed inference.\" John H. Wigmore, A Students' \nTextbook of the Law of Evidence 7 (1935). \nfact itt issue. (usu. pl.) (17c) 1. Hist. A fact that one party \nalleges and that the other controverts. 2. A fact to \nbe determined by a fact-finder; PROBANDUM. -Also \nwritten fact-in-issue. Also termed principal fact. \n\"A factinissue is a fact as to the correctness of which the \ntribunal, under the law of the case, must be persuaded; the \n\nfact 670 \nterm 'probandum' (thing to be proved) will here be used as \nthe convenient single word.\" John H. Wigmore, A Students' \nTextbook of the Law of Evidence 7 (1935). \nfact in pais. See ancient fact. \nfact material to risk. Insurance. A fact that may \nincrease the risk and that, ifdisclosed, might induce \nthe insurer either to decline to insure or to require a \nhigher premium. [Cases: Insurance (;:::>2958, 2963.] \nfoundational fact. See predicate fact. \nimmaterial fact. A fact that is not relevant to a matter \nin issue. \nimpositive fact. An investitive fact that imposes \nduties. \ninferential fact. (1858) A fact established by conclusions \ndrawn from other evidence rather than from direct \ntestimony or evidence; a fact derived logically from \nother facts. [Cases: Criminal Law (;::::'0559; Evidence \ninvestitive fact (in-ves-t;Hiv). (1939) A fact that confers \nrights. -Also termed coilative fact (b-Iay-tiv). \njudicial fact. (1862) See judicially noticed fact. \njudicially noticed fact. A fact that is not established by \nadmissible evidence but may be accepted by the court \nbecause the fact is generally known within the trial \ncourt's territorial jurisdiction, or because its validity \ncan be determined from sources whose accuracy \ncannot be reasonably questioned. See Fed. R. Evid. \n20l(b). Also termed judicial fact. See JUDICIAL \nNOTICE. [Cases: Criminal Law (;:::>304; Evidence \n(;:::>1.] \njurisdictional fact. (usu. pl.) (1837) A fact that must \nexist for a court to properly exercise its jurisdiction \nover a case, party, or thing_ See JURISDICTIONAL-FACT \nDOCTRINE. \nlegal fact. (18c) A fact that triggers a particular legal \nconsequence. \nlegislative fact. (1828) A fact that explains a particu\nlar law's rationality and that helps a court or agency \ndetermine the law's content and application. Leg\nislative facts are not ordinarily specific to the parties \nin a proceeding. Cf. adjudicative fact. \n\"[L]egislative fact includes matters needed to construe \nstatutes or regulations, and factual assumptions a court \nmakes when called upon to 'legislate.' Examples of the \nlatter might include the fact that spouses will communicate \nless if they are not granted a privilege covering their confi\ndences, or that marital harmony will be strained if spouses \ncan be compelled to testify against each other -facts \nwhich might be useful in helping a court decide whether \nto create or continue a common-law marital privilege .... \nObviously, legislative facts ofthis nature do not and cannot \nmeet the indisputability criterion of the Rule [Fed. R. Evid. \n201], nor are they required to.\" Paul F. Rothstein, The \nFederal Rules ofEvidence 35-36 (3d ed. 2003). \nmaterial fact. (1848) A fact that is significant or essen\ntial to the issue or matter at hand. [Cases: Evidence \n(;:::> 143; Federal Civil Procedure C:~2470.1; Judgment \n(;:::> 181(2).] \nminorfact. A subordinate fact or circumstance. operative fact. (1857) I. A fact that affects an existing \nlegal relation, esp. a legal claim . When applying the \nhearsay rule, this term distinguishes between out-of\ncourt statements that are operative facts (e.g., a party's \nsaying \"I agree to reimburse you\" in a case for breach \nof oral contract), and hearsay, out-of-court statements \nthat only relate to operative facts (e.g., \"Joel told me \nMike said he would reimburse me\"). [Cases: Evidence \n(;:::>267.]2. A fact that constitutes the transaction or \nevent on which a claim or defense is based. \nphysicalfact. (1857) A fact having a physical existence, \nsuch as a fingerprint left at a crime scene. \npredicate fact (pred-J-kit). (1899) 1. A fact from which \na presumption or inference arises. [Cases: Criminal \nLaw (;:::>305.1; Evidence (;:::>53.] 2. A fact necessary to \nthe operation of an evidentiary rule . For example, \nthere must actually be a conspiracy for the co-con\nspirator exception to the hearsay rule to apply. -Also \ntermed foundational fact; evidentiary fact. [Cases: \nEvidence <8\"=>53.] \npresumed fact. A fact whose existence can be justifiably \ninferred from facts established by evidence. [Cases: \nCriminal Law (;:::>305; Evidence (;:::>53.] \nprimary fact. (18c) A fact that can be established by \ndirect testimony and from which inferences are made \nleading to ultimate facts. See ultimate fact. \nprincipal fact. 1. See fact in issue. 2. See ultimate fact. \nprivate fact. (I6c) A fact that has not been made public. \n Whether a fact is private often arises in invasion\nof-privacy claims. Cf. public fact. \nprobative fact (proh-bJ-tiv). (1858) A fact in evidence \nused to prove an ultimate fact, such as skid marks \nused to show speed as a predicate to a finding ofneg\nligence. \npsychologicalfact. A fact that is related to mental state, \nsuch as motive or knowledge. \npublic fact. (1955) For the purpose of an invasion-of\nprivacy claim, a fact that is in a public record or in \nthe public domain. Cf. private fact. [Cases: Torts \n357.] \nrelative fact. A fact incidental to another fact; a minor \nfact. \nsimulated fact. (1943) A fabricated fact intended to \nmislead; a lie. \ntranslative fact (trans-or tranz-Iay-tiv). A fact by \nmeans ofwhich a right is transferred from one person \nto another; a fact that fulfills the double function of \nterminating one person's right to an object and of \noriginating another's right to it. \ntransvestitive fact. A fact that is simultaneously inves\ntitive and divestitive. \n\"When a person transfers the rights he has to another, the \ntransfer divests him ofthe potestas, and invests that other \nwith it. This is quite distinct from the creation or extinction \nof the potestas. A new descriptive term is wanted, and after \nthe analogy of the other words, 'transvestitive' has been \ncoined for the purpose.\" W.A. Hunter, A Systematic and \nHistorical Exposirion ofRoman Law 141 (4th ed. 1902). \n\n671 \nultimate fact. (18c) A fact essential to the claim or \nthe defense. -Also termed elemental fact; principal \nfact. \nundisputed fact. (18c) An uncontested or admitted \nfact. \nvestitive fact. See dispositive fact (1). \nfacta (fak-t;l). [LatinJ pl. FACTUM. \nfact-finder. (1926) One or more persons -such as jurors \nin a trial or administrative-law judges in a hearing \nwho hear testimony and review evidence to rule on a \nfactual issue. -Also termed finder offactifact-trier or \ntrier offact (in a judicial proceeding); fact-finding board \n(for a group or committee). See FINDING OF FACT. \nfact-finding. (1909) 1. The process oftaking evidence to \ndetermine the truth about a disputed point of fact. 2. \nInt'llaw. The gathering ofinformation for purposes of \ninternational relations, including the peaceful settle\nment of disputes and the supervision of international \nagreements. _ Examples offact-finding include legis\nlative tours to acquire information needed for making \ndecisions at an international leveL -Also termed \ninquiry. \n\"[F]act-finding must be as impartial and as fair to the \nparties as procedural and evidentiary rules can render it \nwithout making the inquiry's task impossible, not merely \nfor ethical reasons, but in order to maximize the credibility \nand impact of the facts found. To this end, fact-finders \nmust develop procedures that sharply distinguish them \nfrom those bodies that assemble prosecutorial evidence.\" \nThomas M. Franck &. H. Scott Fairley, Procedural Due Process \nin Human Rights Fact-Finding by International Agencies, 74 \nAm. j. Int'l L. 308, 310 (1980). \n3. A method ofalternative dispute resolution in which \nan impartial third party determines and studies the \nfacts and positions of disputing parties that have \nreached an impasse, with a view toward clarifying \nthe issues and helping the parties work through their \ndispute. \nfact-finding board. See FACT-FINDER. \nfact interrogatory. See identification interrogatory under \nINTERROGATORY. \nfaction. (16c) A number of citizens, whether a majority or \na minority, who are united and motivated by a common \nimpulse or interest that is adverse to the rights ofothers \nor to the permanent or aggregate interests ofthe com\nmunity. -This definition is adapted from The Federal\nist, No. 10. \nfactio testamenti (fak-shee-oh tes-t;l-men-t1). See TES\nTAMENTI FACTIO. \nfact issue. See issue offact under ISSUE (1). \nfacto (fak-toh), adj. In or by the fact. See DE FACTO; IPSO \nFACTO. \nfacto et animo (fak-toh et an-d-moh). [Latin] In fact and \nintent <taking possession facto et animo>. \nfactor, n. (I5c) "}
{"text": "[Latin] In fact and \nintent <taking possession facto et animo>. \nfactor, n. (I5c) 1. An agent or cause that contributes to \na particular result <punishment was a factor in the \ncourt's decision>. 2. An agent who is employed to sell \nproperty for the principal and who possesses or controls factual presumption \nthe property; a person who receives and sells goods for \na commission <a factor was employed to sell goods for \nthe company> . A factor differs from a broker because \nthe factor possesses or controls the property_ -Also \ntermed commission merchant; del credere bailiff. Cf. \nBROKER. [Cases: Factors C:~)1.] \n\"A factor by the rules of common law and of mercantile \nusage is an agent to whom goods are consigned for the \npurpose of sale, and he has possession of the goods, power \nto sell them in his own name, and a general discretion as to \ntheir sale. He may sell them on the usual terms of credit, \nmay receive the price, and give a good discharge to the \nbuyer.\" William R. Anson, Principles of the Law ofContract \n523 (Arthur L. Corbin ed., 3d Am. ed. 1919). \n3. One who buys accounts receivable at a discount <the \ncompany sold its receivables to a factor at only 5% of \ntheir stated value>. [Cases: Factors 1,5.]4. A gar\nnishee <the factor held $400 of the debtor's property \nwhen the writ of garnishment was served>. [Cases: \nGarnishment (;::::> 13-24.] 5. A person in charge of \nmanaging property, esp. real property. \njudicial factor. Scots law_ An administrator or factor \nspecially appointed by the Court ofSession to manage \nan estate. \nfactorage. 07c) 1. The compensation paid to a factor \nfor his or her services. [Cases: Factors (;::::>44.] 2. The \nbusiness ofa factor. [Cases: Factors 1,5.J \nfactoring, n. The buying of accounts receivable at a \ndiscount. -The price is discounted because the factor \n(who buys them) assumes the risk ofdelay in collection \nand loss on the accounts receivable. [Cases: Factors \n1,5,10.] \nfactorize (fak-t;l-rIz), vb. (I9c) 1. GARNISH (2). 2. GARNISH \n(3). -factorization, n. \nfactorizing process. (1837) A procedure or legal process \nby which a third party, rather than the creditor, attaches \na debtor's property; GARNISHMENT. -Also termed \ntrustee process; process by foreign attachment. [Cases: \nGarnishment {~LJ \n\"In Vermont and Connecticut, the [garnishee] is also some\ntimes called the factor, and the process [of garnishing], \nfactorizing process.\" Charles D. Drake, A Treatise on the \nLaw of Suits by Attachment in the United States  451, at \n386 (7th ed. 1891). \nfactor's act. A statute protecting one who buys goods \nfrom a factor or agent by creating the presumption that \nthe agent was acting on the owner's behalf and with the \nowner's approval. [Cases: Factors (;::::>58.] \nfactor's lien. See LIEN. \nfactory act. A statute that regulates workers' hours, \nhealth, and safety. See FAIR LABOR STANDARDS ACT. \nfact pleading. See code pleading under PLEADING (2). \nfact question. See QGESTION OF FACT. \nfact-trier. See FACT-FINDER. \nfactual cause. See but-for cause under CAUSE (1). \nfactual impossibility. See IMPOSSIBILITY. \nfactual presumption. See presumption offact under PRE\nSUMPTION. \n\n672 factum \nfactum (fak-t<lm), n. [Latin] (ISc) 1. A fact, such as a \nperson's physical presence in a new domicile. 2. An act \nor deed, such as the due execution of a will.  Over \ntime, factum in this sense came to mean \"charter\" \nthat is, the act or deed of conveying land, reduced to \nwritten form. See fraud in the factum under FRAUD. \n\"lilt is only a short step to holding as a matter of law that a \n'deed' and by a deed (fet, factum) men are beginning to \nmean a sealed piece of parchment ~has an operative force \nof its own which intentions expressed, never so plainly, \nin other ways have not. The sealing and delivering of the \nparchment is the contractual act. Further, what is done by \n'deed' can only be undone by 'deed.'\" 2 Frederick Pollock \n& Frederic W. Maitland, The History of English Law Before \nthe Time of Edward I 220 (2d ed. 1899). \nfactum imprestabile (fak-t<lm im-pres-tay-ba-lee). \n[Law Latin] Hist. An act that cannot be performed; \nan impossibility. \nfactum juridicum (fak-tam juu-rid-i-bm). [Latin] A \njuridical fact. \nfactum probandum (fak-trim pra-ban-drim). [Latin] A \nfact to be proved. \n\"Evidence is always a relative term. It signifies a relation \nbetween two facts, the factum probandum, or proposition \nto be established, and the factum probans, or material \nevidencing the proposition. The former is necessarily to \nbe conceived of as hypothetical; it is that which the one \nparty affirms and the other denies, the tribunal being as \nyet not committed in either direction. The latter is con\nceived of for practical purposes as existent and is offered \nas such for the consideration of the tribunal. The latter is \nbrought forward as a reality for the purpose of convinci ng \nthe tribunal that the former is also a reality.\" John Henry \nWigmore, Evidence in Trials at Common Law  2, at 14-15 \n(Peter Tillers ed., 1983). \nfactum probans (fak-tam proh-banz). [Latin] A proba\ntive or evidentiary fact; a subsidiary fact tending to \nprove a principal fact in issue. \nfactum proprium et recens (fak-t<lm proh-pree-<lm et \nree-senz). [Law Latin] Hist. One's own act recently \nperformed. \n3. A statement of facts. 4. BRIEF (1). PI. facta. \nfactum ofa will. The formal ceremony ofmaking a will; \na will's execution by the testator and attestation by the \nwitnesses. \nfact work product. See WORK PRODUCT. \nfacultative certificate (fak-al-tay-tiv). Insurance. A \ncontract of reinsurance separately negotiated to cover \nrisks under a single insurance policy . Facultative rein\nsurance allows the reinsurer the \"faculty\" ofassessing \nand possibly rejecting a particular risk (esp. if under\nwriting information is inadequate). [Cases: Insurance \nC:=:>3605.] \nfacultative reinsurance. See REINSURANCE. \nfaculties. (16c) Hist. Eccles. law. 1. An authorization \ngranted to a person to do what otherwise would not \nbe allowed. 2. The extent of a husband's estate; esp., \nthe ability to pay alimony. See ALLEGATION OF FACUL\nTIES. \nFaculties, Court of. See COliRT OF FACULTIES. Faculties, Master of the. See MASTER OF THE FACUL\nTIES. \nFaculty of Advocates. Scots law. The society compris\ning the members of the Scottish bar. Unlike the \nEnglish bar, the advocates do not have chambers, but \nall share the facilities ofAdvocates' Library in Parlia\nment House. \nfaderfium (fah-thar-fee-<lm). Hist. A marriage gift to the \nbride from her father or brother. \nfaeder-feoh (fah-th<lr-fee). Hist. Property brought by \na wife to her husband at marriage . Ifthe husband \ndied, the property reverted to the widow if the heir of \nthe deceased husband refused consent to her second \nmarriage. The property reverted to the widow's family \nif she returned to them. \nfaggot. Hist. 1. A piece of firewood used to burn a heretic \nalive. 2. An embroidered figure ofa faggot, required to \nbe worn by heretics who had recanted. \nfail, n. A transaction between securities brokers in which \ndelivery and payment do not occur at the prescribed \ntime, usu. on the settlement date. -Also termed fail \ncontract. \nfail to deliver. The nondelivery of securities from a \nselling broker to a buying broker by the settlement \ndate. \nfail to receive. The failure ofa buying broker to receive \ndelivery of securities from the selling broker by the \nsettlement date. \nfail, vb. (l3c) 1. To be deficient or unsuccessful; to fall \nshort <they failed to settle the dispute>. 2. To become \ninsolvent or bankrupt <two banks failed last week>. 3, \nTo lapse <the bequest failed as a result ofademption>. \nfail contract. See FAIL. \nfailed devise. See lapsed devise under DEVISE. \nfailed gift. 1. See lapsed devise under DEVISE. 2. See \nlapsed legacy under LEGACY. \nfailed legacy. See lapsed legacy under LEGACY. \nfailing circumstances. See INSOLVENCY. \nfailing-company doctrine. Antitrust. The rule that \nallows an otherwise proscribed merger or acquisition \nbetween competitors when one is bankrupt or near \nfailure. 15 USCA  12-27. -Also termed failing\nfirm defense. [Cases: Antitrust and Trade Regulation \n(,--'910.] \n\"The 1992 guidelines provide a limited defense for failing \nfirms and failing divisions of firms. The defense is available \nif impending failure would cause the assets of one party \nto leave the market if the merger does not occur. Thus to \nestablish a failing firm defense, the parties must show that \nthe failing firm cannot (1) meet its financial obligations, (2) \nreorganize in bankruptcy, and (3) find another buyer whose \npurchase of the firm would pose lesser anticompetitive \nrisks. The parties must further show that (4) without the \nmerger, the failing firm's assets will exit the market.\" Ernest \nGellhorn & William E. Kovacic, Antitrust Law and Economics \nin a Nutshell 398-99 (4th ed. 1994). \nfail position. A situation existing when, after all transac\ntions in a security have been netted out, a broker owes \n\nanother broker more securities than it has coming in \nfrom other firms. \nfailure. (l7c) 1. Deficiency; lack; want. 2. An omission \nofan expected action, occurrence, or performance. See \nLAPSE (2). \nfailure ofa condition. The nonoccurrence of an event \nthat has been made a condition ofthe contract.  The \nusual result is that one or both of the parties do not \nhave to perform because of the failure of the condi\ntion. \nfailure ofconsideration. See FAILURE OF CONSIDER\nATION. \nfailure ofgood behavior. A civil servant's act that is \nground for removal. [Cases; Officers and Public \nEmployees (:::::;69.7.] \nfailure ofissue. See FAILURE OF ISSUE. \nfailure ofjustice. See MISCARRIAGE OF JUSTICE. \nfailure ofproof. A party's not having produced evidence \nestablishing a fact essential to a claim or defense. \nfailure oftitle. A seller's inability to establish a good \nclaim to the property contracted for sale. Cf. clear \ntitle under TITLE (2). [Cases: Vendor and Purchaser \nC\"::) 129(1),] \nfailure oftrust. The invalidity of a trust because the \ninstrument creating it has a defect or because of its \nillegality or other legal impediment. [Cases: Trusts \n(:::::;68.) \nfailure ofwill. The invalidity of a will that was not \nexecuted with necessary statutory formalities. \nfailure otherwise than on the merits. The defeat of \na plaintiffs claim by a procedural device without a \ndecision on the existence of the claim's elements. \nfailure to bargain collectively. An employer's refusal to \ndiscuss labor issues with a union. [Cases: Labor and \nEmployment (:::::; 1479.) \nfailure to claim. Patents. A finding by the U.S. Patent \nand Trademark Office or by a court that a patent appli\ncant or patentee has forfeited the right to broader pro\ntection by not seeking protection for some disclosed \nsubject matter . Any art outside the explicit claims, \nincluding foreseeable alteration of the claimed struc\nture, is considered dedicated to the public domain. \nfailure to make delivery. Nondelivery or misdelivery. \nfailure to meet obligations. 1. See BANKRUPTCY (4). 2. \nSee INSOLVENCY. \nfailure to perform. A party's not meeting its obliga\ntions under a contract. See CONTRACT (4). [Cases: \nContracts (:;:::)261(1), 312(1),315.] \nfailure to state a cause of action. A plaintiff's not \nhaving alleged facts in the complaint sufficient to \nmaintain a claim. _ This failure warrants dismissal \nof the complaint. [Cases: Pleading Pretrial \nProcedure (:::::;'622.] \nfailure to testify. A party's esp. a criminal defen\ndant's decision not to testify . Under the Fifth Amendment, the prosecutor and the judge cannot \ncomment to the jury on a criminal defendant's failure \nto testify. But comments on the failure are usu. per\nmissible in a civil case. [Cases; Criminal Law (:::::; \n2129; Evidence Witnesses (:::::;88.] \nfailure of consideration. (1803) A seriously deficient \ncontractual performance that causes a contract's basis \nor inducement to cease to exist or to become worthless. \n Scholars disapprove ofthis term as misleading, since \nfailure ofperformance is more accurate. Unlike consid\neration, the phrase failure ofconsideration relates not \nto the formation of a contract but to its performance. \nSee CONSIDERATION Cf. WANT OF CONSIDERATION, \n[C"}
{"text": "of a contract but to its performance. \nSee CONSIDERATION Cf. WANT OF CONSIDERATION, \n[Cases: Contracts 260, 309(1).] \n\"An illustration will help Indicate how the term is used. If \nC promises to build a structure for 0 and 0 promises to \nmake payment when the work is completed, it is clear that \nthere is consideration on both sides of this contract and \nthat therefore a contract was formed upon the exchange \nof promises. If C fails to perform, the result is sometimes \ndescribed as a 'failure of consideration.' 'Failure of con \nsideration' simply means a failure to perform and as used \ncovers both a material breach of constructive conditions \nand a failure to perform an express condition. The use of \nthe term 'failure of consideration' in this sense appears \nto be an unnecessary invitation to confUSion because the \nword consideration is being used in two different senses. \nFortunately, the use of this phrase has gradually fallen into \ndisuse, It is, however, still suffiCiently widespread to be \nmentioned here. This volume nowhere utilizes 'failure of \nconSideration' as an operative concept.\" John D. Calamari \n&Joseph M, Perillo, The Law ofContracts  1121, at 474-75 \n(3d ed, 1987), \npartial failure of consideration. (1808) A party's \nincomplete pertormance ofa contract with multiple, \nseverable performances, so that if some ofthe perfor\nmances are not accomplished, the appropriate part of \nthe agreement can be apportioned to whatever has \nbeen completed. [Cases: Contracts (:::::;86,260.) \ntotal failure ofconsideration. (1809) A situation in \nwhich the contract is indivisible so that a complete \nlack ofconsideration voids the contract. [Cases: Con\ntracts (:::::;85, 260.] \nfailnre ofgood behavior. See FAILURE. \nfailure ofissue. (I7c) Archaic. The fact of a person's dying \nwhen the person has no surviving children or other \ndescendants who are eligible to inherit the person's \nestate. -Also termed dying without issue; definite \nfailure ofissue; default ofissue. See ISSUE (3). [Cases: \nDescent and Distribution (:::::; 14-16.] \n'There has been considerable litigation during the past \nseveral centuries over the meaning of a gift to 'A and his \nheirs, but if A shall die Without issue, to S and his heirs.' \nFirst ofall, what does 'die without issue' mean? The answer \nappears simple -you look to the time of A's death to \ndetermine whether or not he has any children or grandchil \ndren. But that is not the way the English courts originally \nconstrued this language, The English adopted the socalled \n'indefinite failure of issue' construction if at any time \nin the future A's line of descent should come to an end, \nthen there was a gift over to S and his heirs. The effect of \nthis was a fee tail in A and a remainder in B. This seems \na distortion of the language. and particularly unsuited to \nAmerican circumstances since the fee tail never found \na real home here. Most of our jurisdictions, by judicial \n\n674 failure of justice \ndecision or statute, adopted the socalled 'definite failure \nof issue' construction you look to the date of A's death \nto determine whether he has issue, and to that time alone. \nIf A has issue at that time, then the gift over to Bfails. This \nseems to be the literal meaning of the words, and it is the \nonly sensible conclusion in a system where the fee tail is \nvirtually a dead letter. The English also struck down the \nconstructional preference for indefinite failure by statute in \nthe nineteenth century.\" Thomas F. Bergin &Paul C. Haskell, \nPreface to Estates in Land and Future Interests 236-37 (2d \ned. 1984). \nindefinite failure ofissue. (18c) A failure of issue \nwhenever it happens, without any certain period \nwithin which it must happen. [Cases: Wills ~ \n606.] \nfailure ofjustice. See MISCARRIAGE OF JUSTICE. \nfailure ofproof. See FAILURE. \nfailure-of-proof defense. (1982) The defense that a \nparty's proof does not establish a fact essential to a \nclaim or defense. \nfailure of record. Hist. In a trial by record, a party's \ninability to produce the record and thereby prove \na pleading; an absence of proof to support a party's \npleading. The other party was entitled to summary \njudgment. See trial by record under TRIAL. \nfailure oftitle. See FAILURE. \nfailure oftrust. See FAILURE. \nfailure ofwill. See FAILURE. \nfailure otherwise thau on the merits. See FAILURE. \nfailure to bargaiu collectively. See FAILURE. \nfailure to claim. See FAILURE. \nfailure-to-disclose-best-mode rejection. See REJEC\nTION. \nfailure to make delivery. See FAILURE. \nfailure to meet obligations. 1. See BANKRUPTCY (4). 2. \nSee INSOLVENCY. \nfailure to perform. See FAILURE. \nfailure-to-perform exclusion. See EXCLUSION (3). \nfailure to protect. Family law. The refusal or inability of \na parent or guardian to prevent abuse ofa child under \nhis or her care. [Cases; Infants ~156, 179.] \nfailure to state a cause ofaction. See FAILURE. \nfailure-to-supervise statute. See PARENTAL-LIABILITY \nSTATUTE. \nfailure to testify. See FAILURE. \nfailure to thrive. (1967) Family law. 1. A medical and \npsychological condition in which a child's height, \nweight, and motor development fall Significantly below \naverage growth rates . Failure to thrive is sometimes \nasserted as a ground for alleging abuse or neglect by a \nparent or caregiver. 2. A condition, occurring during \nthe first three years ofa child's life, in which the child \nsuffers marked retardation or ceases to grow. -Abbr. \nFTT. \nfaint action. See FEIGNED ACTION. faint pleader. (17c) A false, fraudulent, or collusive \nmanner of pleading. \nfair, adj. (bef. 12c) 1. Impartial; just; equitable; disinter\nested <everyone thought that Judge Jones was fair>. 2. \nFree ofbias or prejudice <in jury selection, the lawyers \ntried to select a fair and impartial jury>. \nfair, n. (Be) Hist. A privileged market for the buying and \nselling ofgoods. A fair was an incorporeal heredita\nment granted to a town by royal patent or franchise or \nestablished by prescription. The franchise to hold a fair \nconferred important privileges, and a fair, as a legally \nrecognized institution, possessed distinctive legal char\nacteristics, most ofwhich are now obsolete. C( market \novert under MARKET. \nfair-and-equitable requirement. (I7c) Bankruptcy. A \nBankruptcy Code standard requiring a forced, non\nconsensual Chapter 11 plan (a \"cramdown\" plan) to \nprovide adequately for each class of interests that has \nnot accepted the plan. In determining whether a \ncramdown plan is fair and equitable and thus can be \nconfirmed, a bankruptcy court must apply the Code's \ndetailed statutory criteria, consider the plan as a whole, \nand weigh all the circumstances surrounding the treat\nment of each impaired class of interests. In addition \nto the fair-and-equitable requirement, the Chapter 11 \ncramdown plan must (1) be accepted by at least one \nimpaired class of claims, and (2) not discriminate \nunfairly among impaired classes that have not accepted \nthe plan. 11 USCA  1129{b). See CRAMDOWN. [Cases: \nBankruptcy ~---:J 3563.] \nfair and impartial jury. See impartial jury under JURY. \nfair aud impartial trial. See FAIR TRIAL \nfair and proper legal assessment. See EQUALIZATION \n(2). \nfair and reasonable value. See fair market value under \nVALUE (2). \nfair and valuable consideration. See fair consideration \n(1) under CONSIDERATION (1). \nfair averaging. The process of assessing taxes by using \nthe average ofthe amount and price ofgoods acquired \nover a 12-month period rather than the amount and \nprice at a particular time ofthe year. \nfair cash market value. See fair market value under \nVALUE (2). \nfair cash value. See fair market value under VALUE (2). \nfair comment. (18c) A statement based on the writer's \nor speaker's honest opinion about a matter of public \nconcern. Fair comment is a defense to libel or slander. \n[Cases: Libel and Slander ~48(1).] \nfair competition. See COMPETITION. \nfair consideration. See CONSIDERATION (1). \nFair Credit Billing Act. A federal law that facilitates the \ncorrection of billing errors by credit-card companies \nand makes those companies more responsible for the \nquality ofgoods purchased by cardholders. 15 USCA  \n1666-1666j. [Cases: Consumer Credit C=j 37.] \n\nfair-credit-reporting act. (1971) A federal or state law \nthat regulates disclosure and use of consumer-credit \ninformation and ensures the right of consumers to \nhave access to and to correct their credit reports. _ The \nfederal Fair Credit Reporting Act was enacted in 1970. \n15 USCA  1681-1681u. -Abbr. FCRA. [Cases: Credit \nReporting Agencies (;::0 1-4.] \nfair-cross-section requirement. (1975) Constitutional \nlaw. The principle that a person's right to an impartial \njury, guaranteed by the Sixth Amendment, includes \na requirement that the pool of potential jurors fairly \nrepresent the composition ofthe jurisdiction's popula\ntion. The pool of potential jurors need not precisely \nmatch the composition of the jurisdiction. But the \nrepresentation ofeach group must be fair -no group \nshould be systematically excluded or underrepresented. \nA minimal disparity in a particular group's represen\ntation, such as an absolute disparity of 10%, will not \nordinarily violate this principle unless some aggravat\ning factor exists. See DUREN TEST; ABSOLUTE DISPAR\nITY; COMPARATIVE DISPARITY; STATISTICAL-DECISION \nTHEORY. [Cases: Jury (;::033(1.1).] \nfair dealing, n. (17c) 1. The conduct of business with \nfull disclosure, usu. by a corporate officer with the \ncorporation. [Cases: Corporations 316.] 2. A \nfiduciary's transacting ofbusiness so that, although the \nfiduciary might derive a personal benefit, all interested \npersons are fully apprised of that potential and of all \nother material information about the transaction. Cf. \nSELF-DEALING. 3. Canadian law. FAIR USE. \nFair Debt Collection Practices Act. A federal statute \nthat regulates debt-collection practices, and defines the \nrights ofconsumers who are contacted by debt collec\ntors. 15 USCA  1692-1692p. -Abbr. FDCPA. [Cases: \nAntitrust and Trade Regulation (;:::)210.] \nfair hearing. See HEARIKG. \nFair Labor Standards Act. A federal law, enacted in 1938, \nthat regulates minimum wages, overtime pay, and the \nemployment of minors. 29 USCA  201-219. Abbr. \nFLSA. [Cases: Lahor and Employment C=;2217(2).] \nfairly-debatable rule. 1. Insurance. In some states, a \ntest that requires an insurer to have a plausible basis \nfor denying a claim to avoid bad-faith liability. [Cases: \nInsurance C=>3336.J 2. Zoning. A doctrine that bars a \ncourt from interfering with a zoning decision that is \nsupported by substantial evidence, although it is one \non which reasonable minds can differ. - A court will \nnot interfere with a decision supported by substantial \nevidence. [Cases: Zoning and Planning C:~602, 605, \n703.] \nfair market price. See fair market value under VALUE \n(2). \nfair market value. See VALUE (2). \nfairness doctrine. (1965) Hist. A tederallaw, based on an \nFCC rule, requiring the broadcast media to furnish a \nreasonable opportunity for the discussion of conflicting \nviews on issues ofpublic importance . The FCC aban\ndoned the fairness doctrine in 1987. Also termed equal-time doctrine. Cf. EQUAL TIME ACT. [Cases: Tele\ncommunications C='1153(2).J \nfair notice. See NOTICE. \nfair on its face. (l8c) (Of a document) having the appear\nance ofbeing regular or legal and not capable of being \nshown to be defective without extraneous evidence. \nfair persuasion. See PERSUASION. \nfair play. Equity, candor, and fidelity in dealings with \nanother. \nfair play and substantial justice. (1945) The fairness \nrequirement that a court must meet in its assertion \nof personal jurisdiction over a nonresident defendant \nto comport with due process. International Shoe Co. \nv. Washington, 326 U.S. 310, 66 S.C!. 154 (1945). See \nMINIMUM CONTACTS. [Cases: Constitutional Law \n3964.] \nfair preponderance of the evidence. See PREPONDER\nANCE OF THE EVIDENCE. \nfair presentation. 1. Commercial law. A materially \naccurate disclosure ofa company's financial condition, \nachieved by selecting and using appropriate account\ning policies, reasonably reflecting transactions that \nunderlie the financial data, and making any additional \nnecessary disclosures. 2. Criminal law. The require\nment that an applicant for a writ of habeas corpus in a \nstate's custody must show (1) he or she has exhausted \nall available remedies in the state courts, (2) the state \nhas offered no corrective process, or (3) circumstances \nexist that render a state's corrective process insufficient \nto protect the applicant's rights. [Cases: Habeas"}
{"text": "\nexist that render a state's corrective process insufficient \nto protect the applicant's rights. [Cases: Habeas Corpus \n(~::;'380.) \nfair rate of return. See RATE OF RETURN. \nfair-report privilege. (1980) A defense to liability for \npublishing defamatory matter from a report of an \nofficial or judIcial proceeding, when the report is a full, \nfair, and accurate account ofthe proceeding. [Cases: \nLibel and Slander 42.] \nfair representation. Labor law. Union representation \nthat adequately covers all union members in collective \nbargaining and in the lodging of grievances. [Cases: \nLabor and Employment C=:c 1208, 1209.] \nfair return on investment. See RETURN. \nfair sale. See SALE. \nfair-share membership. See FINANCIAL-CORE MEMBER\nSHIP. \nfair trade, n. Commerce conducted under a fair-trade \nagreement. \nfair-trade agreement. (1937) A commercial agreement \nthat a seller will sell all ofa producer's goods at or above \na specified minimum price. -Fair-trade agreements \nwere valid until 1975, when the Consumer Goods \nPricing Act made them illegal. 15 USCA  1, 45. \nfair-trade law. A state statute that protects and enforces \nfair-trade agreements . At one time, many states \nhad fair-trade laws. But when applied to interstate \n\n676 fair trial \ncommerce, the laws may violate the Sherman Antitrust \nAct, so most states have repealed them. \nfair trial. (17c) A trial by an impartial and disinterested \ntribunal in accordance with regular procedures; esp., \na criminal trial in which the defendant's constitutional \nand legal rights are respected. Also termed fair and \nimpartial trial. \nfair use. (1869) Copyright. A reasonable and limited use \nofa copyrighted work without the author's permission, \nsuch as quoting from a book in a book review or using \nparts of it in a parody. -Fair use is a defense to an \ninfringement claim, depending on the following statu\ntory factors: (1) the purpose and character of the use, (2) \nthe nature of the copyrighted work, (3) the amount of \nthe work used, and (4) the economic impact ofthe use. \n17 USCA  107. -Also termed (in Canadian law) fair \ndealing. [Cases: Copyrights and Intellectual Property \n(';::53.2.] \n\"[Fair use is] the most troublesome [problem] in the whole \nlaw of copyright.\" Del/or v. Samuel Goldwyn, Inc., 104 F.2d \n661,662 (2d Or. 1939) (per curiam). \n\"Fair use is a judicial safety valve, empowering courts to \nexcuse certain quotations or copies of copyrighted material \neven though the literal terms of the Copyright Act prohibit \nthem.\" Paul Goldstein, Copyright's Highway 84 (1994). \nfair value. See fair market value under VALUE (2). \nfair-value accounting method. See ACCOUNTING \nMETHOD. \nfair-value law. A statute allowing a credit against a defi\nciency for the amount that the fair market value ofland \nexceeds the price at foreclosure. -Also termed fair\nvalue legislation. [Cases: Mortgages (:-=>559(7), 56l.7.] \nfair warning. (1931) Criminal law. The requirement \nthat a criminal statute define an offense with enough \nprecision so that a reasonable person can know what \nconduct is prohibited and so that a reasonably skilled \nlawyer can predict what conduct falls within the stat\nute's scope. Also termed fair notice. [Cases: Criminal \nLaw (:::) 13.1.] \nfair wear and tear. See WEAR AND TEAR. \nfait (fay or fe). [Law French fro Latin factum] Anything \ndone; an act or deed . 'The term fait accompli (fay or fe \ntd-kom-plee), meaning \"a deed accomplished,\" which \nis not merely legal, is related to this word. \nfait enrolle (fay or fe ton-rohl). [Law French] Hist. An \nenrolled deed of a sale ofa freehold estate. \nfaith and trust. See FLIM FLAM. \nFaithfully Executed Clause. (1967) The clause of the U.S. \nConstitution providing that the President must take \ncare that the laws are carried out faithfully. U.S. Const. \nart. II,  3. [Cases: United States C=>26.] \nfaith-healing exemption. Family law. In a child-abuse \nor child-neglect statute, a provision that a parent who \nprovides a child with faith healing (in place of standard \nmedical treatment) will not, for that reason alone, be \ncharged with abuse or neglect.  Nearly all states have \nenacted some form of faith-healing exemption. But the statutes differ greatly. For example, they differ \non whether the exemption is available as a defense \nto manslaughter or murder charges brought against \na parent whose child dies as a result of the parent's \nhaving refused to consent to medical treatment. -Also \ntermed religious-exemption statute; spiritual-treatment \nexemption. Cf. medical neglect under NEGLECT. \nfake, n. (19c) Something that is not what it purports to \nbe. See FORGERY (2); IMPOSTOR. \nfake, vb. (19c) To make or construct falsely. See COUN\nTERFEIT. \nFalcidianlaw (fal-sid-ee-dn). (17c) Roman law. A law pre\nscribing that one could give no more than three-fourths \nof one's property in legacies and that the heirs should \nreceive at least one-fourth (the Fakidian portion). -If \nthe testator violated this law, the heir had the right to \ndeduct proportionally from each legatee as necessary. \nThe law, proposed by the Roman tribune Falcidius, \nwas enacted in 40 B.C. -Also termed lex Falcidia. See \nLEGITIME. \n\"A large number of small legacies might [either] leave \nnothing for the heir ... [or] make his part so small as to \nseem valueless in his eyes. But a Falcidian law, passed in \nthe year 40 B.C., put an end to the whole difficulty. This \nlaw secured to the heir a quarter of the net value of the \nestate; the legatees could obtain only three-quarters: if \nthe legatees named in the will amounted to more than \nthiS, they were diminished by proportional reductions.... \nFew measures have accomplished their purpose more sat \nisfactorily than the Falcidian law, which remained in force \nthrough the history of the empire, and holds an important \nplace in the system ofJustinian.\" James Hadley, Introduction \nto Roman Law 321-22 (1881). \nFalcidian portion. Roman law. The one-fourth part ofan \nestate that one or more instituted heirs are entitled to \nretain. La. Civ. Code art. 1494. -Also termed quarta \nFalcidiana. See forced heir under HEIR; LEGITIME. Cf. \nQUARTA TREBELLIANICA. \nFalconer error. A trial court's failure to instruct the jury \nthat a guilty finding on a manslaughter charge requires \nacquittal on a murder charge. Falconer v. Lane, 905 F.2d \n1129 (7th Cir. 1990). \nfaldage (fahl-dij), n. Hist. 1. A landowner's right to \nrequire tenants to graze their sheep in designated \ntemporary folds so that the manure will fertilize the \nfield. -Also termed foldage; fold soc. 2. A sum of \nmoney paid to the landowner by a sheep-owning tenant \nin lieu ofkeeping the animals in the landowner's tem\nporary fold. Also termed faidfee. \nfaldfee (fahld-fee), n. Hist. See FALDAGE (2). \nfaldworth (fahld-wdrth), n. Hist. A person who resides \nin a rural community where everyone above a certain \nage is responSible for the good conduct of all other \nmembers of the community and has reached that age \nof responsibility. _ This was part of the frankpledge \nsystem. See DECENARY; FRANKPLEDGE. \nfallacy. Any unsound, and usu. deceptive, argument \nor inference. _ Both \"formal\" and \"material\" fallacies \noccur in a variety ofrecognized categories, knowledge \nof which is fundamental in the analysis ofthe validity \n\n677 false imprisonment \noflegal reasoning employed in any legal argument, esp. \nin judicial opinions. The presence ofa fallacy in a legal \nargument is a defect often fatal and usu. deceptive \n-in the legal reasoning. \nformalfallacy. A fallacy involving flaws in the form of \nthe argument, such as a violation of the formal rules \nofsyllogistic reasoning. \nmaterial fallacy. A fallacy involving flaws in the factual \ncontent of a logical argument. \nfallo (fahl-yoh), n. Spanish law. The mandate in a court's \njudgment; the dispositive sentence in a judicial pro\nnouncement. \nfall ofthe hammer. An auctioneer's closing ofbidding \n<the bureau will be sold at the fall of the hammer> . \nTraditionally, an auctioneer bangs a hammer, gavel, or \nother object when bidding is closed. In some circum\nstances, such as online auctions, a verbal announcement \nthat bidding is closed substitutes. [Cases: Auctions and \nAuctioneers \nfalsa causa. See CAUSA (2). \nfalsa demonstratio (fal-sa or fawl-sa dem-an-stray\nshee-oh). Roman law. A false designation; an erroneous \ndescription ofa person or thing in a legal instrument. \n Generally, a simple error in description, grammar, \nor spelling will not void an instrument or even a Single \nprovision in it (such as a bequest by will). -Also \ntermed false demonstration. \nfalsa moneta (fal-8;> or fawl-sa m;>-nee-ta). Roman law. \nCounterfeit money. \nfalsare (fal-sair-ee or fawl-), vb. [Law Latin] Hist. To \ncounterfeit; to falsify. \nfalsarius (fal-sair-ee-as or fawl-). [Law Latin] Hist. A \ncounterfeiter. Also spelled falcarious. -Also termed \nfalsonarius. \nfalse, adj. (12c) 1. Untrue <a false statement>. 2. Deceit\nful; lying <a false witness>. 3. Not genuine; inauthentic \n<false coinage> . What is false can be so by intent, by \naccident, or by mistake. \nfalse, vb. 1. Scots law. To make or prove false. 2. Archaic. \nFALSIFY (1). \nfalse action. See FEIGNED ACTION. \nfalse advertising, n. (1911) 1. The tortious and some\ntimes criminal act of distributing an advertisement \nthat is untrue, deceptive, or misleading; esp., under the \nLanham Trademark Act, an advertising statement that \ntends to mislead consumers about the characteristics, \nquality, or geographic origin ofone's own or someone \nelse's goods, services, or commercial activity . Under  \n43(a) ofthe Lanham Act, false advertising is actionable \nby anyone who reasonably believes that he or she has \nbeen or is likely to be damaged by the statement. An \nexaggerated opinion (\"puffing\") is an immaterial state\nment and therefore not actionable. [Cases: Antitrust \nand Trade Regulation (>21,163; Fraud (>H(l).] 2. At \ncommon law, a statement in a defendant's advertising \nabout its own goods or services intended to deceive or \nconfuse customers into buying those goods or services instead ofthe plaintiff's, and causing actual damage to \nthe plaintiff, esp. the loss ofsales. -Also termed (in \nboth senses) deceptive advertising. \nfalse answer. See ANSWER (1). \nfalse arrest. See ARREST. \nfalse-association claim. Intellectual property. A claim \nbased on the wrongful use ofa distinctive name, mark, \ntrade dress, or other device to misrepresent sponsor\nship, origin of goods or services, or affiliation. The \npower to assert a false-association claim is not limited \nto trademark registrants. Any person who claims an \ninjury caused by deceptive use of a trademark or its \nequivalent may have standing to bring suit. See 15 \nUSC A  112S(a)(l)(A). [Cases: Trademarks 1106, \n1117, 1563.] \nfalse character. Hist. The crime ofimpersonating a ser\nvant's master or mistress. See IMPOSTOR. \nfalse check. See bad check under CHECK. \nfalse claim. An assertion or statement that is untrue; \nesp., overbilling. \nFalse Claims Act. A federal statute establishing civil and \ncriminal penalties against persons who bill the govern\nment falsely, deliver less to the government than rep\nresented, or use a fake record to decrease an obligation \nto the government. 18 USCA  286-287; 31 USCA  \n3729-3733. The Act may be enforced either by the \nattorney general or by a private person in a qui tam \naction. See QUI TAM ACTION. [Cases: United States \n120.] \nfalse conflict oflaws. See CONFLICT OF LAWS. \nfalse demonstration. See FALSA DEMONSTRATIO. \nfalse designation oforigin. Trademarks. A mark, design, \nor similar element that creates a misleading or errone\nous impression of a good or product's source. [Cases: \nAntitrust and Trade Regulation Trademarks \nC:::l1419.] \nfalse evidence. Seefalse testimony under TESTIMONY. \nfalsehood. 1. See LIE. 2. See PERJURY. \nfalse impersonation. See IMPERSONATION. \nfalse-implication libel. See LIBEL. \nfalse imprisonment. (l4c) A restraint of a person in a \nbounded area without justification or consent.  False \nimprisonment is a common-law misdemeanor and \na tort. It applies to private as well as governmental \ndetention. Cf. false arrest under ARREST. [Cases: False \nImprisonment (>2, 43.] \n\"["}
{"text": "f. false arrest under ARREST. [Cases: False \nImprisonment (>2, 43.] \n\"[In the phrase false imprisonment,] false is ... used not in \nthe ordinary sense of mendacious or fallaCiOUS, but in the \nless common though well-established sense of erroneous \nor wrong; as in the phrases false quantity, false step, false \ntaste, etc.\" R.F.V. Heuston, Salmond on the Law ofTons 123 \nn.38 (17th ed. 1977). \n\"False imprisonment was a misdemeanor at common law \nand is recognized by some states today. It differs from kid\nnapping in that asportation is not required. If the imprison\nment is secret, some jurisdictions treat it as kidnapping,\" \nArnold H. Loewy, Criminal Law in a Nutshe.1I65 (2d ed, \n1987). \n\n678 false judgment \n\"Some courts have described false arrest and false impris \nonment as causes of action which are distinguishable \nonly in terminology. The two have been called virtually \nindistinguishable, and identical. However, the difference \nbetween them lies in the manner in which they arise. In \norder to commit false imprisonment, it is not necessary \neither to intend to make an arrest or actually to make an \narrest. By contrast. a person who is falsely arrested is at \nthe same time falsely imprisoned.\" 32 Am. Jur. 2d False \nImprisonment  3 (1995). \nfalse judgment. Hist. A writ filed to obtain review of a \njudgment ofa court not ofrecord. \n\"After judgment given, a writ also of false judgment lies to \nthe courts at Westminster to rehear and review the cause, \nand not a writ of error; for this is not a court of record ....\" \n3 William Blackstone, Commentaries on the Laws ofEngland \n34 (1768). \nfalse light. (1962) 1. Torts. In an invasion-of-privacy \naction, a plaintiff's allegation that the defendant attrib\nuted to the plaintiff views that he or she does not hold \nand placed the plaintiff before the public in a highly \noffensive and untrue manner.  Ifthe matter involves \nthe public interest, the plaintiff must prove the defen\ndant's malice. See invasion ofprivacy byfalse light under \nINVASION OF PRIVACY. [Cases: Torts C:='352.] 2. (usu. \npl.) Maritime law. A signal displayed intentionally to \nlure a vessel into danger. 18 USCA  1658(b). -Also \ntermedfalse light or signal. \nfalse making. See FORGERY (I). \nfalse-memory syndrome. The supposed recovery of \nmemories of traumatic or stressful episodes that did \nnot actually occur, often in session with a mental\nhealth therapist.  This term is most frequently applied \nto claims by adult children that repressed memories \nof prolonged and repeated child sexual abuse, usu. \nby parents, have surfaced, even though there is no \nindependent evidence to substantiate the claims. Cf \nREPRESSED-MEMORY SYNDROME. \nFalse Memory Syndrome Foundation. An organiza\ntion ofparents who claim that their adult children have \nfalsely accused them ofchildhood sexual abuse . The \norganization was formed for the purpose of aiding \npersons who claim to have been wrongly accused as a \nresult of the recovery of repressed memories. -Abbr. \nFMSP. Cf VICTIMS OF CHILD ABUSE LAWS. \nfalse misrepresentation. See MISREPRESENTATION . \nThis phrase is redundant because misrepresentation \nincludes the idea of falsity. \nfalse news. Hist. The misdemeanor of spreading false \ninformation that causes discord between the monarch \nand the people or between important people in the \nrealm. 3 Edw., ch. 34. \nfalse oath. See PERJURY. \nfalse personation. Seefalse impersonation under IMPER\nSONATION. \nfalse plea. See sham pleading under PLEADING (1). \nfalse pretenses. (ISc) The crime of knowingly obtaining \ntitle to another's personal property by misrepresenting a \nfact with the intent to defraud. Although unknown to English common law, false pretenses became a misde\nmeanor under a statute old enough to make it common \nlaw in the United States. Modern American statutes \nmake it either a felony or a misdemeanor, depending on \nthe property's value. -Also termed obtaining property \nby false pretenses; fraudulent pretenses. Cf. larceny by \ntrick under LARCENY; EMBEZZLEMENT. [Cases: False \nPretenses 1.] \nfalse promise. See PROMISE. \nfalse report. (1S27) Criminal law. The criminal offense \nof informing law enforcement about a crime that did \nnot occur. [Cases: Obstructing Justice \nfalse representation. See MISREPRESENTATION. \nfalse return. (16c) 1. A process server's or other court \nofficial's recorded misrepresentation that process \nwas served, that some other action was taken, or that \nsomething is true. See RETURN (2). [Cases: Process \n132-144,153, 160.] 2. A tax return on which taxable \nincome is incorrectly reported or the tax is incorrectly \ncomputed. See TAX RETURN. [Cases: Internal Revenue \n44S0.J \nfalse statement. See STATEMENT. \nfalse swearing. See PERJURY. \nfalse testimony. See TESTIMONY. \nfalse token. See TOKEN. \nfalse verdict. See VERDICT. \nfalse weight. (usu. pl.) A weight or measure that does not \ncomply with governmentally prescribed standards or \nwith the prevailing custom in the place and business in \nwhich the weight or measure is used. [Cases: Weights \nand Measures C= 10.] \nfalsi crimen. See crimen falSi under CRIMEN. \nfalsify, vb. (1Sc) 1. To make something false; to counter\nfeit or forge <the chiropractor falsified his records to \nhelp the plaintiff>. -Also termed (archaically) false. \nSee COUNTERfEIT; FORGERY. 2. Rare. To prove some\nthing to be false or erroneous <their goal in the appeal \nwas to falsify the jury's verdict>. falsification, n. \nfalsifying a record. (l8c) The crime of making false \nentries or otherwise tampering with a public record \nwith the intent to deceive or injure, or to conceal wrong\ndOing. 18 USCA  1506,2071,2073; Model Penal Code \n 224.4. [Cases: Fraud C:='68; Records \nfalsing of dooms, n. See APPEAL (I). \nfalsity, n. (l3c) 1. Something (such as a statement) that is \nfalse. See LIE. 2. The quality ofbeing false. See FALSE. \nfalsonarius. See FALSARHJS. \nfalso retorno brevium (fal-soh [or fawl-soh] ri-tor-noh \nbree-vee-Jm). [Law Latin] Hist. A writ against a sheriff \nfor falsely returning a writ. \nfalsum (fal-sam or fawl-sam), n. [Latin] Roman law. 1. \nA false statement. See crimen falsi under CRIMEN. 2. A \ncrime involving forgery or falsification . Until the later \nRoman empire, the term applied to both documents \nand counterfeited coins. \n\n679 \nfalsus in uno doctrine (fal-sas [or fawl-sas] in yoo-noh). \n[fro Latin falsus in uno, falsus in omnibus \"false in one \nthing, false in all\"] The principle that if the jury believes \nthat a witness's testimony on a material issue is inten\ntionally deceitful, the jury may disregard all ofthat wit\nness's testimony. [Cases: Trial C-~187, 210; Witnesses \n(;::::'317.] \n\"[TJhere is an old maxim 'falsus in uno, falsus in omnibus' \n(false in one thing, false in all), which is often much over\nemphasized by counsel, though it is recognized by many \ncourts in their charges to the jury. But this is only primitive \npsychology, and should be completely discarded.\" John \nH. Wigmore, A Students' Textbook of the Law of Evidence \n181 (1935). \nfaltering-company exception. A provision in the Worker \nAdjustment and Retraining Notification Act exempting \nan employer from giving the required 60-day notice for \na plant shutdown if (1) at the time notice was due, the \nemployer was seeking capital or resources that would \nhave allowed the employer to avoid a shutdown, and \n(2) the employer reasonably believed that providing the \nnotice would have precluded the employer from obtain\ning the necessary capital or other resources. 29 USCA \n 2102(b)(I). See WORKER ADJUSTMENT AND RETRAIN\nING NOTIFICATION ACT. [Cases: Labor and Employment \nfama publica (fay-ma pab-li-ka). [Latin \"public repute\"] \nHist. A person's reputation in the community . A \nperson'sfama publica could be used against him or her \nin a criminal proceeding. Cf. ILL FAME. \n\"Now in the thirteenth century we find in the sheriff's turn \na procedure by way of double presentment, and we may \nsee it often, though not always, when a coroner is holding \nan inquest over the body of a dead man. The fama publica \nis twice distilled. The representatives of the vilis make pre\nsentments to ajury of twelve freeholders which represents \nthe hundred, and then such of these presentments as the \ntwelve jurors are willing to 'avow,' or make their own, are \npresented by them to the sheriff. ... From the very first \nthe legal forefathers of our grand jurors are not in the \nmajority of cases supposed to be reporting crimes that \nthey have witnessed, or even to be the originators of the \nfama publica. We should be guilty of an anachronism if \nwe spoke of them as 'endorsing a bill' that is 'preferred' \nto them; but still they are handing on and 'avowing' as \ntheir own a rumour that has been reported to them by \nothers.\" 2 Frederick Pollock & Frederic W. Maitland, The \nHistory of English Law Before the Time of Edward I 643 \n(2d ed. 1899). \nfamilia (fa-mil-ee-a), n. (18c) [Latin] Roman law. 1. All \npersons, free and slave, in the power ofa paterfamilias. \nSee PATERFAMILIAS. 2. One's legal relations through \nand with one's family, including all property, ancestral \nprivileges, and duties. \n\"The testator conveyed to him outright his whole 'familia,' \nthat is, all the rights he enjoyed over and through the \nfamily; his property, his slaves, and all his ancestral privi\nleges, together, on the other hand, with all his duties and \nobligations.\" Henry S. Maine, Ancient Law 170 (17th ed. \n1901). \n3. A family, including household servants. \n\"Familia.... A family or household, including servants, \nthat is, hired persons (mercenarii or conductitii,) as well as \nbondsmen, and all who were under the authority of one \nmaster, (dominus.) Bracton uses the word in the original family arrangement \nsense, as denoting servants or domestics.\" 1 Alexander \nM. Burrill, A Law Dictionary and Glossary 603-04 (2d ed. \n1867). \nfamiliae emptor (fo-mil-ee-ee emp-tor). [Latin \"estate \npurchaser\"] Roman law. A trustee who received an \ninheritance by a fictitious purchase and distributed it as \nthe testator instructed. Also termed emptor familiae. \nSee mancipatory will under WILL. \n\"At some date, probably long before the XII Tables, men \non the point of death, unable to make a true will because \nthere was no imminent sitting of the Comitia, adopted the \npractice of conveying all their property ... to a person \nwho is described as the familiae emptor, and who is said \nby Gaius to be in loco heredis. Instructions were no doubt \ngiven to him as to the disposal of the property or part \nof it, but it is not clear that these were enforceable ....\" \nw.w. Buckland, A Manual of Roman Private Law 175 (2d \ned. 1953). \nfamiliae erciscundae (fa-mil-ee-ee ar-sis-kan-dee). See \nactio familiae erciscundae under ACTIO. \nfamiliares regis (fa-mil-ee-air-eez ree-jis). [Law LatinJ \nHist. 1. Persons ofthe king's household. 2. 1he ancient \ntitle of the six clerks ofchancery in England. \nfamily, n. (l4c) 1. A group of persons connected by \nblood, by affinity, or by law, esp. within two or three \ngenerations. 2. A group consisting ofparents and their \nchildren. 3. A group of persons who live together and \nhave a shared commitment to a domestic relationship. \nSee RELATIVE. familial, adj. \nblended family. (1985) The combined families of \npersons with children from earlier marriages or rela\ntionships. \nextended family. (1942) l. The immediate family \ntogether with the collateral relatives who make up \na clan; GENS. 2. The immediate family together with \ncollateral relatives and close family friends. \nimmediate family. (l8c) 1. A person's parents, spouse, \nchildren, and siblings. 2. A person's parents, spouse, \nchildren, and Siblings, as well as those ofthe person's \nspouse. Stepchildren and adopted children are usu. \nimmediate family members. For some purposes, such \nas taxes, a person's immediate family may also include \nthe spouses ofchildren and siblings. \nintact family. A family in which both parents live \ntogether with their children. \nfamily allowance. See ALLOWANCE (1). \nFamily and Medical Leave Act. A 1993 federal statute \nproviding that employees may take unpaid, job-pro\ntected leave for certain family reasons, as when a family \nmember is sick or when a child is born. 29 USCA  \n2601 et seq. The statute applies to businesses with \n50 or more employees. An employee may take up to \n12 weeks ofunpaid leave per year under the FMLA. "}
{"text": "\n50 or more employees. An employee may take up to \n12 weeks ofunpaid leave per year under the FMLA. \nAbbr. FMLA. Cf. FAMILY LEAVE. [Cases: Labor and \nEmployment \nfamily arrangement. (1817) An informal agreement \namong family members, usu. to distribute property \nin a manner other than what the law provides for. \n\n680 family-automobile doctrine \nAlso termed family settlement. [Cases: Descent and \nDistribution C=>82.) \nfamily-automobile doctrine. See FAMILY-PURPOSE \nRULE. \nfamily-autonomy doctrine. See PARENTAL-AUTONOMY \nDOCTRINE. \nfamily-car doctrine. See FAMILY-PURPOSE RULE. \nfamily compact. See COMPACT. \nfamily corporation. See close corporation under COR\nPORATION. \nfamily council. See FAMILY MEETING. \nfamily court. See COURT. \nfamily-court judge. See JUDGE. \nfamily disturbance. See DOMESTIC DISPUTE. \nFamily Division. English law. A section of the High \nCourt that has jurisdiction over family matters such \nas divorce and custody and over uncontested probate \nmatters. \nFamily Educational Rights and Privacy Act. An act \nthat prescribes minimum standards for the mainte\nnance and dissemination of student records by edu\ncational institutions. 20 USCA  1232g. It applies \nonly to schools that receive federal funding. -Abbr. \nFERPA. -Also termed Buckley Amendment. [Cases: \nColleges and Universities C=>9.40; Records C=>31.) \nfamily-expense statute. (1901) 1. A state law that \npermits a charge against the property of a spouse for \nfamily debts such as rent, food, clothing, and tuition. \n[Cases: Husband and Wife 19(1).) 2. A section of \nthe federal tax code providing that a person may not \ndeduct expenses incurred for family, living, or personal \npurposes. IRC (26 USCA)  262. See NECESSARIES. \n[Cases: Internal Revenue C=>3364.) \nfamily farmer. See FARMER. \nfamily-farmer bankruptcy. See CHAPTER 12 (2). \nfamily home. A house that was purchased during \nmarriage and that the family has resided in, esp. before \na divorce . In some jurisdictions, the court may award \nthe family home to the custodial parent until (1) the \nyoungest child reaches the age of 18 or is otherwise \nemancipated, (2) the custodial parent moves, or (3) the \ncustodial parent remarries. In making such an award, \nthe court reasons that it is in the best interests of the \nchild to remain in the family home. -Also termed \nmarital home; marital residence. [Cases: Divorce \n252.5.) \nfamily-income insurance. See INSURANCE. \nfamily law. (1919) 1. The body of law dealing with \nmarriage, divorce, adoption, child custody and support, \nchild abuse and neglect, paternity, juvenile delin\nquency, and other domestic-relations issues. -Also \ntermed domestic relations; domestic-relations law. 2. \n(More broadly) the bodies oflaw dealing with wills \nand estates, property, constitutional rights, contracts, \nemployment, and finance as they relate to families. family leave. (1981) An unpaid leave of absence from \nwork taken to have or care for a baby or to care for a sick \nfamily member. See FAMILY AND MEDICAL LEAVE ACT. \n[Cases: Labor and Employment C=>350, 351.) \nfamily meeting. Hist. Civil law. 1. An advisory council \ncalled to aid the court in a family-law matter, such \nas arrangement of a guardianship for a minor or an \nincompetent adult . Ifa person had no relatives, the \ncourt could summon friends of the person instead. 2. \nA council of relatives of a minor assembled to advise \nthe minor in his or her affairs and to help administer \nthe minor's property. -Also termed family council. \n[Cases: Guardian and Ward C=>9.) \nfamily of marks. Trademarks. A group of trademarks \nthat share a recognizable characteristic so that they are \nrecognized by consumers as identifying a single source. \n An example of a family of marks is the variety of \nmarks beginning with Mc-and identifying items served \nat McDonald's restaurants. [Cases: Trademarks C=> \n1060.) \nfamily ofnations. Int'llaw. The community ofcountries \nto which international law applies . This term is now \nobsolescent. It is increasingly rejected as Eurocentric. \n'''The family of nations' is an aggregate of States which, as \nthe result of their historical antecedents, have inherited \na common civilisation, and are at a similar level of moral \nand political opinion.\" Thomas E. Holland, The Elements of \njurisprudence 396 (13th ed. 1924). \nfamily partnership. See PARTNERSHIP. \nfamily-partnership rules. (1946) Laws or regulations \ndesigned to prevent the shifting of income among \npartners, esp. family members, who may not be dealing \nat arm's length. \nfamily-pot trust. See TRUST. \nfamily-purpose rule. (1927) Torts. The principle that a \nvehicle's owner is liable for injuries or damage caused \nby a family member's negligent driving . Many states \nhave abolished this rule. -Also termed family-pur\npose doctrine;family-automobile doctrine;family-car \ndoctrine. Cf. GUEST STATUTE. [Cases: AutomobilesC=> \n195(5).) \n\"A number of jurisdictions have adopted the socalled \n'family purpose' doctrine, under which the owner of a \nmotor vehicle purchased or maintained for the pleasure \nof his family is liable for injuries inflicted by the negligent \noperation of the vehicle while it is being used by members \nof the family for their own pleasure, on the theory that \nthe vehicle is being used for the purpose or business for \nwhich it was kept, and that the person operating it is there\nfore acting as the owner's agent or servant in using it.\" \n8 Am. Jur. 2d Automobiles and Highway Traffic  715, at \n296 (1997). \nfamily reunification. See REUNIFICATION. \nfamily settlement. See FAMILY ARRANGEMENT. \nfamily shelter. See women's shelter under SHELTER. \nfamily support. A combined award ofchild support and \nalimony that does not apportion the amount of each. \n[Cases: BankruptcyC=>3365; Child Support C=>140(1); \nDivorce C=>230; Internal Revenue C=>3288.) \n\n681 \nFamily Support Act of 1988. A federal statute requiring \nstates to develop and implement child-support gUide\nlines. 42 USCA  667. See CHILD-SUPPORT GUIDELINES. \n[Cases: Child Support C:142-148.] \nfamily trust. See TRUST. \nfamily violence. See domestic violence under \nVIOLENCE. \nfamosus (f<l-moh-s<ls), adj. [Latin] Hist. 1. (Of a state\nment) having a defamatory character. 2. (Of an action) \ninvolving infamy if the defendant lost the case. \nfamosus libellus (f<l-moh-s<ls li-bel-<'ls). [Latin] Roman \nlaw. 1. A libelous writing. 2. The species ofinjury that \nis caused by libeL \nfamous mark. Seefamous mark under TRADEMARK. \nfamous trademark. See TRADEMARK. \nfanciful mark. See fanciful trademark under TRADE\nMARK. \nfanciful term. See fanciful trademark under TRADE\nMARK. \nfanciful trademark. See TRADEMARK. \nFannie Mae (fan-ee may). See FEDERAL NATIONAL \nMORTGAGE ASSOCIATION. \nFAPE. abbr. Free appropriate public education . lhis \nis a right of children with disabilities to have access to \nfree education, guaranteed by the Rehabilitation Act of \n1973 and the Individuals with Disabilities Education \nAct. See 34 C.P.R.  100.33; 34 C.F.R.  300.13. [Cases: \nSchools (;::;:0 148(2).] \nFAR. (often pl.) abbr. FEDERAL AVIATION REGULATION \n<the pilot violated several FARs before the crash>. \nfarley (fahr-Iee). Hist. Money paid by a tenant in lieu of \na chattel (or heriot) .  The term invariably referred to a \ntenant in the west ofEngland. See HERIOT. \nfarm, n. (l4c) 1. Land and connected buildings used for \nagricultural purposes. 2. Hist. Rent . By extension, \nthe term came to mean the land for which the rent was \npaid. Also termed and spelled ferm; fearm; firme. \nfarm, vb. (I5c) 1. To cultivate land; to conduct the \nbusiness of farming. 2. To lease. See FARM OUT. \nFarm Credit Administration. An independent federal \nagency that regulates and examines the borrower\nowned banks and cooperative associations that make \nup the Federal Farm Credit System . The agency was \ncreated in 1929 under the title \"Federal Farm Board,\" \nbecame an agency in the Department of Agriculture \nin 1933, and again became independent in 1971. -\nAbbr. FCA. See FEDERAL FARM CREDIT SYSTEM. [Cases: \nUnited States \nfarmee. See FARMOUTEE. \nfarmer. (14c) A person whose business is farming. \nfamily farmer. A person or entity whose income and \ndebts primarily arise from a family-owned and \n-operated farm; esp., a person who received more than \n80% ofgross income from a farm in the taxable year \nimmediately preceding a Chapter 12 filing. Only a farmoutee \nfamily farmer can file for Chapter 12 bankruptcy. 11 \nUSCA  101(18). See CHAPTER 12. [Cases: Bankruptcy \nfarmer bankruptcy. See CHAPTER 12 (2). \nFarmers' Home Administration. An agency, formerly \nin the U.S. Department ofAgriculture, responsible for \nmaking mortgages and insuring loans to farmers and \nfor funding rural public-works projects . The agency \nwas abolished in 1994, and its functions were assumed \nby other agencies in the Department -Abbr. FmHA; \nFHA. [Cases: United States (;=>53(7).) \nfarminee. See FARMOUTEE. \nfarming operation. (1859) Bankruptcy. A business \nengaged in farming, tillage of soil, dairy farming, \nranching, raising of crops, poultry, or livestock, and \nproduction of poultry or livestock products in an \nunmanufactured state. 11 USCA  101(21). See CHAPTER \n12. [Cases: Bankruptcy (;=>2021.1.] \nfarminor. See FARMOUTOR. \nfarm let, vb. Hist. To lease; to let land for rent.  To farm \nlet is a phrasal verb that commonly appeared in real\nproperty leases; it corresponds with its Latin root, ad \nfirmam tradidi. \n\"A lease is properly a conveyance of any lands or tene\nments, (usually in consideration of rent or other annual \nrecompense) made for life, for years, or at will, but always \nfor a less time than the lessor hath in the premises: for if \nit be for the whole interest, it is more properly an assign\nment than a lease. The usual words of operation in it are, \n'demise, grant, and to farm let; dimisi, concessi, et ad \nfirmam tradidi.\" 2 William Blackstone, Commentaries on \nthe Laws ofEngland 317-18 (1766). \nfarmor. See FARMOUTOR. \nfarm out, vb. (17c) 1. To turn over something (such as an \noil-and-gas lease) for performance by another.  The \nterm evolved from the Roman practice oftransferring \nthe right to collect taxes to a third party for a fee. That \npractice continued in England, Scotland, and France, \nbut it has been long abolished. 2. Hist. To lease for a \nterm. 3. To exhaust farmland, esp. by continuously \nraising a single crop. \nfarmout agreement. Oil & gas. An agreement by which \none who owns an oil-and-gas lease (the farmoutor or \nfarmor) agrees to assign to another (the farmoutee or \nfarmee) an interest in the lease in return for drilling \nand testing operations on the lease . For the farmor, \nthe agreement either (1) maintains the lease by securing \nproduction or complying with the implied covenant \nto develop or offset, or (2) obtains an interest in pro\nduction without costs. For the farmee, the agreement \nobtains acreage that is not otherwise available or at \nlower cost than would otherwise be possible. A farmout \nagreement may also serve as a device to keep people \nand equipment gainfully employed. Often short\nened to farmout. -Also written farm out agreement; \nfarm-out agreement. See ASSIGNMENT. [Cases: Mines \nand Minerals (;=>74(8).] \nfarmoutee (fahrm-ow-tee). An oil-and-gas sublessee to \nwhom the lease is assigned for purposes of drilling a \n\nfarmoutor 682 \nwell. Also termedfarmee;farminee. [Cases: Mines \nand Minerals (;::::/74(8).] \nfarmoutor (fahrm-ow-tor or -t<}r). An oil-and-gas lessee \nwho assigns the lease to another, who agrees to drill a \nwell. -Also spelled farmouter. -Also termed farmor; \nfarminor. [Cases: Mines and Minerals (;:='74(8).] \nfarm products. Crops, livestock, and supplies used or \nproduced in farming or products ofcrops or livestock \nin their unmanufactured states, if they are in the pos\nsession of a debtor engaged in farming. UCC  9-102(a) \n(34). Cf. growing crops under CROPS. [Cases: Secured \nTransactions <>17.] \nFarm Service Agency. An agency in the U.S. Depart\nment"}
{"text": "Cases: Secured \nTransactions <>17.] \nFarm Service Agency. An agency in the U.S. Depart\nment of Agriculture responsible for administering \nfarm-commodity, crop-insurance, and resource-con\nservation programs for farmers and ranchers and for \nmaking or guaranteeing farm emergency and operating \nloans through a network ofstate and county offices. \nAbbr. I;SA. [Cases: United States C=j 53(8).J \nfarthing of land (fahr-thing). Hist. An area of land \nmeasured as one-quarter of a larger area (much as a \nfarthing was one-quarter of a penny). - A farthing of \nland ranged from a quarter of a hide to a quarter of \nan acre. \nfarvand (fahr-vand). Hist. Maritime law. Voyage or \npassage by water under a charterparty. \nFaryndon's Inn. Hist. The ancient name of Serjeants' \nInn. See SER]EANTS' INN. \nFAS. abbr. 1. FREE ALONGSIDE SHIP. 2. FETAL ALCOHOL \nSYNDROME. 3. FOREIGN AGRICULTURAL SERVICE. \nfas (fas), n. [Latin] Roman law. 1. Moral law of divine \norigin; divine law . Jus, by contrast, is created by man. \nSee JUS. 2. What is right, proper, lawful, and permit\nted. Cf. NEFAS. \n\"The first element to be noted in the Roman composite \nexisting in primitive times, when religion and law were not \ndistinguished, is fas -the will of the gods, embodied in \nrules that regulated not only ceremonials but the conduct \nof all men as such.\" Hannis Taylor, The Science ofJurispru\ndetice 6S (1908). \n\"It is true that the two spheres of ius and fas overlapped. , .. \nAll this, however, concerned merely the question of where \nto draw the line between ius and fas; it did not blur the \ndistinction between the two. From the standpoint of the \nhistory of Roman law. this distinction, consciously made \nfrom very early times, was of great importance, since it \nenabled the Romans to delimit the scope and the contents \nof strictly legal rules. This attitude may occasionally \nhave caused a certain cold aloofness from purely human \nproblems, but it undoubtedly contributed to the clarity \nof the legal system.\" Hans Julius Wolff, Roman Law: An \nHistorical Introduction 51-52 (1951). \nFASB (faz-bee). abbr. FINANCIAL ACCOVNTING STAN\nDARDS BOARD. \nFASB statement. An official pronouncement from the \nFinancial Accounting Standards Board establishing \na given financial-accounting practice as acceptable. \nlCases: Securities Regulation (;::::/25. 18.J \nfascism. A totalitarian political ideology under which all \neconomic and social aspects of life come under rigid government control or direction, and the state's inter\nests supersede individual interests. \nfast estate. See real property under PROPERTY. \nfasti (fas-tr). [Latin] Roman law. 1. The days on which \ncourt can be held . In this sense,fasti is a shortened \nform of dies fasti. 2. A calendar of days on which court \ncan be held. See dies fasti under DIES. \nfast land. See LAND. \nfast-tracking, n. (1996) A court's method of accelerating \nthe disposition of cases in an effort to clear its docket. \n-For example, a judge might order that all discovery \nmust be finished within 90 days and that trial is set for \n30 days later. See ROCKET DOCKET. fast-track, vb. \nfatal, adj. (14c) 1. Ofor relating to death; prodUcing death \n<the decision had fatal consequences> <fatal blow>. 2. \nProviding grounds for legal invalidity <a fatal defect \nin the contract>. \nfatal defect. See DEFECT. \nfatal error. See reversible error under ERROR (2). \nfatal variance. See VARIANCE (1). \nfate and transport. Environmental law. Ihe physical \ncondition and migration of contaminants and hazard\nous materials along environmental pathways such as \nair, water, and soil. \nfather. (bef. 12c) A male parent. See PARENT. (Cases: \nParent and Child (;::::/ 1.] \nacknowledged father. Ihe admitted biological father of \na child born to unmarried parents. See ACKNOWLEDG\nMENT (I). [Cases: Children Out-of-Wedlock C~~12.] \nadoptive father. See adoptive parent under PARENT. \nbiological father. (1951) The man whose sperm impreg\nnated the child's biological mother. Also termed \nnatural father; birth father; genetic father. [Cases: \nChildren Out-of-Wedlock <>1.] \nbirth father. See biological father. \nde facto father. See de facto parent under PARENT. \nfiliated father. The proven biological father ofa child \nborn to unmarried parents. See FILIATION. \nfoster father. Seefoster parent under PARENT. \ngenetic father. See biological father. \ngodfather. See GODPARENT. \nintentional father. See intentional parent under \nPARENT. \nlegal father. (I6c) The man recognized by law as the \nmale parent of a child . A man is the legal father of \na child ifhe was married to the child's natural mother \nwhen the child was born, if he has recognized or \nacknowledged the child, or ifhe has been declared the \nchild's natural father in a paternity action. Ifa man \nconsents to the artificial insemination ofhis wife, he \nis the legal father ofthe child that is born as a result of \nthe artificial insemination even though he may not be \nthe genetic father ofthe child. [Cases: Children Out\nof-Wedlock <>12,68; Parent and Child 20.] \n\n683 \nnatural father. See biological father. \npresumed father. (I937) The man presumed to be the \nfather ofa child for any ofseveral reasons: (1) because \nhe was married to the child's natural mother when \nthe child was conceived or born (even though the \nmarriage may have been invalid), (2) because the man \nmarried the mother after the child's birth and agreed \neither to have his name on the birth certificate or to \nsupport the child, or (3) because the man welcomed \nthe child into his home and held out the child as his \nown. This term represents a complicated category, \nand state laws vary in their requirements. See PRE\nSUMPTION OF PATERNITY. Children Out-of-\nWedlock C=:3, 43; Infants 172.J \npsychological father. See psychological parent under \nPARENT. \nputative father (pyoo-t<}-tiv). (16c) The alleged bio\nlogical father of a child born out of wedlock. [Cases: \nChildren Out-of-Wedlock \nstepfather. (bef. 12c) The husband of one's mother by \na later marriage. -Formerly also termed vitricus. \n[Cases: Parent and Child C=> 14.] \nfatherly power. See patria potestas under POTESTAS. \nFatico hearing (fat-<}-koh). (1979) Criminal procedure. \nA sentencing hearing at which the prosecution and the \ndefense may present evidence about what the defen\ndant's sentence should be. United States v. Fatico, 603 \nF.2d 1053 (2d Cir. 1979). [Cases: Sentencing and Pun\nishment C=>325, 985.] \nfatuum judicium (fach-oo-<}m joo-dish-ee-;)m). [Latin] \nA foolish judgment or verdict. \nfauces terrae (faw-seez ter-ee). [Latin \"narrow passage \nof the land\"] A body of water that experiences tides \nand is partially enclosed by land. -Ihis includes inlets, \nrivers, harbors, creeks, bays, basins, and similar aquatic \nbodies. \nfault. (13c) 1. An error or defect of judgment or of \nconduct; any deviation from prudence or duty result\ning from inattention, incapacity, perversity, bad faith, \nor mismanagement. See NEGLIGENCE. Cf. LIABILITY. \n2. Civil law. The intentional or negligent failure to \nmaintain some standard ofconduct when that failure \nresults in harm to another person. \ncontractual fault. Civil law. Fault resulting from the \nintentional or negligent failure to perform an enforce\nable obligation in a contract. \ndelictual fault. Civil law. Fault resulting from inten\ntional or negligent misconduct that violates a legal \nduty. \ninscrutable fault. Maritime law. Fault ascribed solely \nto human error but for which no responsible party or \nparties can be identified. [Cases: Collision C=:23.] \n\"Inscrutable fault' exists when a collision clearly resulted \nfrom human fault but the court is unable to locate it or \nallocate the fault among the parties.\" Atkins v. Lorentzen, \n328 F.2d 66, 69 (5th Cir. 1964). \nfault-based liability. See fault liability under FAULT. favor negotii \nfault divorce. See DIVORCE. \nfault-first method. (1996) A means by which to apply a \nsettlement credit to a juryverdict, by first reducing the \namount ofthe verdict by the percentage ofthe plaintiff's \ncomparative fault, then subtracting from the remainder \nthe amount ofany settlements the plaintiff has received \non the claim. See SETTLEMENT CREDIT. Cf. SETTLE\nMENT-FIRST METHOD. [Cases: Damages C=:63.] \nfaultless pardon. See PARDON. \nfault liability. See LIABILITY. \nfault of omission. (17c) Negligence resulting from a \nnegative act. See negative act under ACT; NONFEA\nSANCE. \nFauntleroy doctrine. The principle that a state must give \nfull faith and credit to another state's judgment, ifthe \nother state had proper jurisdiction, even though the \njudgment is based on a claim that is illegal in the state \nin which enforcement is sought. Fauntleroy v. Lum, 210 \nU.S. 230, 28 S.Ct. 641 (1908). [Cases: Judgment C=>815, \n817.] \nfautor (faw-t<}r). Hist. 1. An abettor or supporter; an \nactive partisan. 2. A person who encourages resistance \nto execution of process. \nfaux (foh), adj. [Law French] Hist. False or counterfeit. \nfaux (foh), n. [French \"false\"] Civil law. The fraudulent \nalteration of the truth. See CRIMEN FALSI. \nfaux action. A false action. See PLEADING. \nfaux money. Counterfeit money. \nfaux peys (foh pay). [French] False weights. See FALSE \nWEIGHT. [Cases: Weights and Measures C=: 10.] \nfaux serement (foh ser-mahn). [French] A false oath. \nfavor, n. See BIAS. \nfavored beneficiary. See BENEFICIARY. \nfavored nation. See MOST FAVORED NATION. \nfavored-nation clause. See MOST-FAVORED-NATION \nCLAUSE. \nfavorite of the law. (ISe) A person or status entitled to \ngenerous and preferential treatment in legal doctrine. \n\"It has long been said that the surety is a favorite ofthe law \nand his contract strictissimi-juris.\" Laurence P. Simpson, \nHandbook on the Law ofSuretyship 94 (1950). \nfavoritism. (18c) Preference or selection, usu. invidi\nous, based on factors other than merit. See NEPOTISM; \nPATRONAGE. Cf. DISCRIMINATION. \nfavor legitimationis (fay-v;)r b-jit-<}-may-shee-oh-nis). \n[Latin \"(in) favor oflegitimacy\"] The principle that a \ncourt should attempt to uphold a child's legitimacy. \nfavor matrimonii (fay-vdr ma-tr;)-moh-nee-I). [Latin \n\"(in) favor of marriage\"] The principle that a court \nshould attempt to uphold the validity ofa marriage. \nfavor negotii (fay-v;)r ni-goh-shee-I). [Latin \"(in) favor \nof business\"] The principle that favors upholding a \ncontract against a construction that would render the \ncontract illegal or unenforceable. \n\n684 favor patemitatis \nfavorpaternitatis (fay-vJr pJ-tJr-nJ-tay-tis). [Latin \"(in) \nfavor of paternity\"] The principle that a court should \ninterpret facts so as to uphold the paternity ofa child. \nfavor solutionis (fay-vJr $J-Ioo-shee-oh-nis). [Latin \"(in) \nfavor ofpayment\"] Conflict oflaws. The principle that a \ncontract should be interpreted according to the appli\ncable law governing performance. \nfavor testamenti (fay-vJr tes-tJ-men-tI). [Latin \"(in) \nfavor of the testament\"] The principle that a court \nshould attempt to uphold a will's validity. \nfax, n. (1948) 1. A method oftransmitting over telephone \nlines an exact copy ofa printing. 2. A machine used for \nsuch transmission. -Also termed telecopier. 3. The \ncommunication sent or received by such a machine. \nAlso termedfacsimile; (in senses 1 & 3) facsimile trans\nmission. fax, vb. \nFBI. abbr. FEDERAL BUREAU OF INVESTIGATION. \nFCA. abbr. 1. FARM CREDIT ADMINISTRATION. 2. FREE \nCARRIER. \nF. Cas. abbr. Federal Cases, a series ofreported decisions \n(1789-1880) predating the Federal Reporter. \nFCC. abbr. FEDERAL COMMUNICATIONS COMMISSION. \nFCFAA. abbr. FEDERAL COMPUTER FRAUD AND ABUSE \nACT. \nFCIC. abbr. FEDERAL CROP INSURANCE CORPORATION. \nFCJ. abbr. Failure to comply with a judgment imposed \nfor a traffic violation. -The defendant's driver's license \nis suspended until the FCJ is remedied and the fines \nand fees are"}
{"text": "The defendant's driver's license \nis suspended until the FCJ is remedied and the fines \nand fees are paid. \nFCPV. abbr. Failure to comply with parking-violation \ntickets. _ If a person has a certain number of unpaid \nparking tickets (often six) within a jurisdiction, the \nperson will be barred from obtaining or renewing a \ndriver's license. \nFDA. abbr. FOOD AND DRUG ADMINISTRATION. \nf/d/b/a. abbr. Formerly doing business as. \nFDCA. abbr. FOOD, DRUG, AND COSMETIC ACT. \nFDCPA. abbr. See FAIR DEBT COLLECTION PRACTICES \nACT. \nFDIC. abbr. FEDERAL DEPOSIT INSURANCE CORPORA\nTION. \nfeal (fee-<ll), adj. Archaic. Faithful; truthful. Also \ntermedfefe. \nfealty (feel-tee or fee-dl-tee). (14c) Hist. In feudal law, the \nallegiance that a tenant or vassal owes to a lord. Also \ntermedfeodality. \n\"There was the possibility that if the entire top layer of \nthe structure revolted, the king might be deprived of all \nsupport. To meet this possibility, the king also bound \ndirectly to himself all the important men in the lower \nstrata of the [feudal] structure by an oath of loyalty. This \nwas particularly effective for in medieval times the oath of \nfealty had all the sanction of the church, and in addition \ndue to the necessity for feudal organization in times of \ndisorder, had also a popular sanction in public opinion \nso that the man who broke his oath to his lord was one of \nthe most execrable men to be found in the whole social organization.\" Charles Herman Kinnane, A First Book on \nAng/o-American Law 248 (2d ed. 1952). \nfearm. See FARM. \nfear-of-cancer claim. Torts. A tort claim founded on a \nplaintiff's mental anguish or emotional distress arising \nfrom the fear ofdeveloping cancer, where either (1) the \nplaintiff was exposed to asbestos or other carcinogenic \nagents, or (2) a physician's negligence gave rise to a \npotentially cancerous condition or permitted a cancer \nto develop unchecked. -The plaintiff must demon\nstrate (1) actual exposure to a disease-causing agent, \nand (2) the reasonableness ofthe emotional distress. \nSee Winik v. Jewish Hasp. ofBrooklyn, 293 N.E.2d 95 \n(N.Y. 1972); Ferrara v. Galluchio, 152 N.E.2d 249 (N.Y. \n1958). -Also termed cancerphobia claim. \nfeasance (fee-zdnts), n. (16c) The doing or execution of \nan act, condition, or obligation. Cf. MALFEASANCE; MIS\nFEASANCE; NONFEASANCE. -feasor, n. \nfeasant (fez-Jnt or fee-zJnt). Archaic. Doing or causing. \nSee DAMAGE FEASANT. \nfeasibility standard. (1978) Bankruptcy. The requirement \nthat, to obtain bankruptcy-court approval, a Chapter \nII reorganization plan must be workable and have a \nreasonable likelihood ofsuccess. [Cases: Bankruptcy \nC=-3559.] \nfeasor (fee-zJr), n. (1808) An actor; a person who \ncommits an act. See TORTFEASOR. \nfeast, n. (13c) 1. Roman law. An established holiday or \nfestival in the ecclesiastical calendar, used as a date in \na legal instrument. 2. Hist. One of four principal days \n(feasts) of the year: March 25, the annunciation of the \nVirgin Mary; June 24, the birth ofJohn the Baptist; \nSeptember 28, the feast of St. Michael the Archangel; \nand December 21, the feast ofSt. Thomas the Apostle. \n The four feast days were used as fixed dates (called \n\"quarter-da for paying rent; before 1875, they were \nused as a e point to set terms ofcourts. Also \ntermed feast day;feast-day. \nfeatherbedding. \t (1921) A union practice designed to \nincrease employment and guarantee job security by \nrequiring employers to hire or retain more employees \nthan are needed. _ The practice stems from employ\nees' desire for job security in the face oftechnological \nimprovement. Featherbedding is restricted by federal \nlaw but is an unfair labor practice only if, for example, \na union exacts pay from an employer for services not \nperformed or not to be performed. \nFEC. abbr. FEDERAL ELECTION COMMISSION. \nFECA. abbr. FEDERAL EMPLOYEES' COMPENSATION \nACT. \nfeciaies, n. See FETIALES. \nfeciallaw. See FETIAL LAW. \nFed. abbr. 1. FEDERAL. 2. FEDERAL RESERVE SYSTEM. \nFed. Appx. abbr. FEDERAL APPENDIX. \nFed. Cir. abbr. UNITED STATES COURT OF APPEALS FOR \nTHE FEDERAL CIRCUIT. \n\n685 \nfederal, adj. (18c) Ofor relating to a system ofassociated \ngovernments with a vertical division of governments \ninto national and regional components having differ\nent responsibilities; esp., ofor relating to the national \ngovernment of the United States. -Abbr. Fed. \nFederal Acquisition Regulation. (usu. pI.) A federal \nregulation that governs contracting methods, require\nments, and procedures with the federal government. 48 \nCFR ch. 1. Also termed Federal Procurement Regula\ntion. [Cases: United States C=>64.5.] \nfederal act. A statute enacted by the U.S. Congress. See \nFEDERAL LAW. \nfederal agency. See AGENCY (3). \nfederal appeal. See APPEAL. \nFederal Appendix. A set of reports containing all the \nfull-text \"unpublished\" opinions that West receives \nfrom the federal circuit courts of appeals. -These \nare the opinions not designated for publication in the \nFederal Reporter. Coverage began January 1, 2001. \nAbbr. Fed. Appx. \nFederal Arbitration Act. A federal statute providing \nfor the enforcement of private agreements to arbitrate \ndisputes related to interstate commercial and maritime \nmatters. Under the Act, arbitration agreements are \nenforced in accordance with their terms, just as other \ncontracts are. The Act supersedes substantive state laws \nthat frustrate enforcement of arbitration agreements \nbut does not apply to matters of procedure. 9 USCA \n 1-16. Abbr. FAA. -Also termed United States \nArbitration Act. [Cases: Alternative Dispute Resolu\ntion C=> 114.] \nFederal Aviation Act. A federal law establishing the \nFederal Aviation Administration (FAA) to be respon\nsible for regulation of aircraft and air travel, including \naircraft safety, certification of aircraft personnel, and \nairport development. 49 USCA  44720 et seq. [Cases: \nAviation (;.;;)32.] \nFederal Aviation Administration. The federal agency \ncharged with regulating air commerce, promoting civil \naviation and a national system of airports, achieving \nefficient use of navigable airspace, developing and \noperating a common system of air-traffic control and \nair navigation, and developing and implementing \nprograms and regulations relating to environmental \neffects ofcivil aviation . The Federal Aviation Agency \nwas established in 1958.49 USCA  106. Its name was \nchanged when it became a part of the Department of \nTransportation in 1967. The FAA was formerly charged \nwith promoting safety in air transportation, but that \ntask was transferred to the Transportation Security \nAdministration after the terrorist attacks of 11 Sept. \n2001. Abbr. FAA. -Formerly also termed Federal \nAviation Agency. [Cases: Aviation \nFederal Aviation Regulation. (usu. pi.) A federal regu\nlation governing the safety, maintenance, and piloting \nof civil aircraft. 14 CFR ch. 1. -Abbr. FAR. [Cases: \nAviation e=123.l.j Federal Deposit Insurance Corporation \nFederal Bureau ofInvestigation. A division of the U.S. \nDepartment ofJustice charged with investigating all \nviolations of federal laws except those speCifically \naSSigned to another federal agency. Abbr. FBI. \nFederal Bureau of Prisons. The U.S. government unit \nresponsible for the custody and care of federal offend\ners, whether incarcerated in federal correctional and \ndetention centers or in state-run or privately operated \nfacilities. The Bureau was established in 1930 to cen\ntralize federal-prison administration and ensure con\nsistency in prison operations. [Cases: Prisons \nfederal census. See CENSUS. \nFederal Circuit. See COURT OF APPEALS FOR THE \nFEDERAL CIRCUIT. \nfederal citizen. See CITIZEN. \nFederal Claims, U.S. Court of. See UNITED STATES \nCOURT OF FEDERAL CLAIMS. \nfederal-comity doctrine. (1976) The principle requir\ning federal district courts to refrain from interfering in \neach other's affairs. [Cases: Federal Courts C=> 1143.] \nfederal common law. See COMMON LAW (1). \nFederal Communications Commission. An indepen\ndent federal commission that regulates interstate and \nforeign communications by radio, television, wire, \nsatellite, and cable. The commission was created by \nthe Communications Act of 1934.47 USCA  151 et \nseq. Abbr. FCC. [Cases: Telecommunications \n612.] \nFederal Computer Fraud and Abuse Act. A law estab\nlishing civil liability for gaining unauthorized access \nto a computer and causing damage to that computer. \n_ Damage is statutorily defined to include harm to the \ncomputer's data, programs, systems, and information \neither by compromising integrity or by impairing avail\nability. Abbr. FCFAA. [Cases: Telecommunications \nC=>1342.] \nfederal court. See COURT. \nfederal crime. (1860) A criminal offense under a federal \nstatute. Most federal crimes are codified in Title 18 \nof the U.S. Code. \nFederal Crop Insurance Corporation. A federally char\ntered corporation that protects farmers against finan\nciallosses from crop failure due to adverse weather \nconditions. insect infestation, plant disease, floods, \nfires, and earthquakes by encouraging the sale ofinsur\nance through licensed agents and brokers and by rein\nsuring private companies that issue insurance under \nbrand names. Created by the Agricultural Adjust\nment Act of 1938. the Corporation operates under the \ngeneral supervision ofthe Secretary ofAgriculture. \nAbbr. FCrc. \nFederal Deposit Insurance Corporation. A federal \ncorporation that protects bank and thrift deposits by \ninsuring accounts up to $100,000, examining banks \nthat are not members of the Federal Reserve System, \nand liquidating failed institutions . It was established \n\n686 Federal Election Commission \nin 1933 and began insuring banks in 1934. -Abbr. \nFDIC. [Cases: Banks and Banking C=501-508.] \nFederal Election Commission. A ten-member inde\npendent federal commission that certifies payments \nto qualifying presidential campaigns in primary and \ngeneral elections and to national-nominating conven\ntions, audits campaign expenditures, and enforces \nlaws requiring public disclosure of financial activities \nof presidential campaigns and political parties . It was \nestablished by the Federal Election Campaign Act of \n1971. 2 USCA  437c. Abbr. FEC. [Cases: Elections \nC='309.] \nFederal Emergency Management Agency. A unit in \nthe Department of Homeland Security responSible for \ncoordinating all emergency-preparedness activities of \nthe federal government through its ten regional offices. \n FEMA also operates the National Flood Insurance \nProgram and is responSible for fire protection and \narson control. It was established as an independent \nagency by Executive Order 12127 of 31 Mar. 1979 \nand became a unit in the Department of Homeland \nSecurity in 2003. Abbr. FEMA. [Cases: United States \nC=82(5).j \nFederal Employees' Compensation Act. A workers'\ncompensation law for federal employees. 5 USCA  \n8101-8152 Abbr. FECA. See WORKERS' COMPENSA\nTION. [Cases: Workers' Compensation C=262, 374.] \nfederal-employer-identification number. See TAX-IDEN\nTIFICATION NUMBER. \nFederal Employers' Liability Act. A workers'-compen\nsat ion law that provides death and disability benefits \nfor employees of railroads engaged in interstate and \nforeign commerce. 45 USCA  51-60 -Abbr. FELA. \n[Cases: Labor and Employment ~2572; Workers' \nCompensation \nfederal enclave. See ENCLAVE. \nFederal Energy Regulatory Commission. An indepen\ndent five-member commission in the U.S. Department \nofEnergy responsible for licensing hydroelectric-power \nprojects and for setting interstate rates on (1) transport\ning and selling natural gas for resale, (2) transporting \nand selling electricity at wholesale, and (3) transport\ning oil by pipeline. _ Itwas created by the Department \nofEnergy Organization Act of 1977. As enforcer ofthe \nNatural Gas Act, it succeeded the Federal Power Com\nmission. -Abbr. FERC. [Cases: Electricity C=1; Gas \nFederal Farm Credit Bank. One of a svstem of feder\nally chartered institutions created to p~ovide credit to \nfarm-related enterprises . The banks resulted from a \nmerger of federal land banks and federal intermediate \ncredit banks. They are supervised by the Farm Credit \nAdministration. [Cases: United States C-=>53(7).] \nFederal Farm Credit Banks Funding Corporation. A \nfederal corporation that man"}
{"text": "-=>53(7).] \nFederal Farm Credit Banks Funding Corporation. A \nfederal corporation that manages the sale of Federal \nFarm Credit System securities in the money and capital \nmarkets and also provides advisory services to banks \nin the Federal Farm Credit System. Federal Farm Credit System. The national cooperative \nsystem of banks and associations providing credit to \nfarmers, agricultural concerns, and related businesses. \n The system consists of the banks for cooperatives, \nthe farm credit banks, and the Federal Farm Credit \nBanks Funding Corporation. It is supervised by the \nFarm Credit Administration and was Originally capi\ntalized by the federal government. The system is now \nself-funding and owned by its member-borrowers. \n[Cases: United States C=53(7).] \nFederal Food Stamp Act. A federally funded program \nthat provides needy families with financial assistance in \nobtaining a nutritionally adequate diet.  The Secretary \nof Agriculture administers the Act. [Cases: Agricul\nture~2.6.J \nfederal-funds rate. The interest rate at which banks lend \nto each other overnight.  ]he loans are usu. made by \nbanks with excess reserves to those with temporarily \ninsufficient reserves. Often shortened to fed funds. \nAlso termed fed-funds rate. \nfederal government. See GOVERNMENT. \nFederal Highway Administration. An agency in the U.S. \nDepartment of Transportation responsible for granting \naid to states for highway construction and improve\nment; providing matching grants to states for highway\nsafety programs; uniformity among the states \nin commercial motor-carrier registration and taxation; \nregulating the safety of motor carriers operating in \ninterstate commerce; and training employees of state \nand local agencies engaged in highway work backed \nby federal aid. Abbr. FHWA. [Cases: Highways \n99.1.] \nFederal Home Loan Bank. One of 12 federally char\ntered banks created in 1932 to extend secured loans \n(advances) to savings institutions that are members \nof the system and to community financial institu\ntions that finance small businesses, small farms, and \nsmall agribusinesses . The banks are supervised by \nthe Federal Housing Finance Board. -Abbr. FHLB. \nSometimes shortened to home loan bank. [Cases: Banks \nand Banking \nFederal Home Loan Bank Board. See FEDERAL HOUSING \nFINANCE BOARD. \nFederal Home Loan Mortgage Corporation. A corpo\nration that purchases both conventional and federally \ninsured first mortgages from members of the Federal \nReserve System and other approved banks. -Abbr. \nFHLMC. -Also termed Freddie Mac. \nFederal Housing Administration. The HCD division \nthat encourages mortgage lending by insuring mortgage \nloans on homes meeting the agency's standards. -\nAbbr. FHA. See DEPARTMENT OF HOUSING AND URBAN \nDEVELOPMENT. [Cases: United States C:::>82(3.3).] \nFederal Housing Finance Board. A five-member \nindependent federal board that supervises the 12 \nFederal Home Loan Banks . Formerlv known as the \nFederal Home Loan Bank Board, it wa~ established by \nthe Federal Home Loan Bank Act of 1932. That Act \n\nwas amended by the Financial Institutions Reform, \nRecovery, and Enforcement Act of 1989. 12 USCA  \n1421 et seq. \nfederal instrumentality, n. L A means or agency used \nby the national government. [Cases: United States \n53.] 2. A national agency or other entity immune from \nstate control. \nFederal Insurance Contributions Act. The federal act \nimposing the sOcial-security tax on employers and \nemployees. IRC (26 USCA)  3101-3127. Abbr. \nFICA. [Cases: Internal Revenue C=::>4376, 4377.] \nfederal intermediate credit bank. See BANK. \nfederalism. (1787) The legal relationship and distribution \nof power between the national and regional govern\nments within a federal system ofgovernment. \ncooperative federalism. (1947) Distribution ofpower \nbetween the federal government and the states in \nwhich each recognizes the powers of the other while \njointly engaging in certain governmental functions. \n[Cases: States C:::)4.19.] \nourfederalism. See OUR FEDERALISM. \nFederalist Papers. A series of85 essays written by Alex\nander Hamilton, John Jay, and James Madison (under \nthe pseudonym Publius) expounding on and advocat\ning the adoption of the U.S. Constitution . Most of \nthe essays were published in 1787 and 1788. Also \ntermed The Federalist. \nFederalist Society. A national association oflawyers, law \nstudents, and others committed to conservative and \nlibertarian viewpoints on political and social matters . \nThe group is based in Washington, D.C. Cf. NATIONAL \nLAWYERS GUILD. \nFederal Judicial Center. An agency in the judicial branch \nof the federal government responSible for research\ning judicial administration and for training judges \nand employees of the federal judiciary . Its director \nis appointed by a seven-member board presided over \nby the Chief Justice of the United States. 28 USCA  \n620. -Abbr. FJC. \nFederal Judicial Code. The portion (Title 28) of the \nU.S. Code dealing with the organization, jurisdiction, \nvenue, and procedures of the federal court system, as \nwell as court personnel, and the Department \nof Justice. \nfederal jurisdiction. See rURISDICTION. \nfederal-juvenile-delinquency jurisdiction. See JURIS\nDICTION. \nFederal Kidnapping Act. A federal law punishing kid\nnapping for ransom or reward when the victim is trans\nported interstate or internationally . The law presumes \nthat a victim has been transported in violation of the \nlaw if the victim is not released within 24 hours. The \nFederal Kidnapping Act, by express provision, does not \napply to the kidnapping of a minor by either parent. \nThe law was enacted in 1932 after the son of aviator \nCharles Lindbergh was kidnapped and murdered. \nFor this reason, it is also termed the Lindbergh Act. 18 USCA  1201. -Also termed Lindbergh Act. Cf. \nPARENTAL KIDNAPPING PREVENTION ACT. [Cases: Kid\nnapping C=::> 14.] \n\"The Federal Kidnapping Act was passed in 1932 to dose a \ndangerous loophole between state and federal law. At that \ntime, marauding bands of kidnappers were preying upon \nthe wealthy with ruthless abandon, seizing their victims \nfor ransom while operating outside the reach of existing \nstate laws. Knowing that authorities in the victim's home \nstate were powerless once a hostage was transported \nacross state lines, the criminals would kidnap their target \nin one state, then move quickly to the next. In response, \nCongress made kidnapping a federal crime when the victim \nwas moved from one state to another, and comprehensive \nlanguage was used to cover every possible variety of kid\nnapping followed by interstate transportation.\" 1 Am. Jur. \n2d Abduction and Kidnapping  14, at 185 (1994). \nFederal Labor Relations Authority. An agency that \nprotects the right of federal employees to organize, \nengage in collective bargaining, and select their own \nunion representatives . Itwas established under Reor\nganization Plan No.2 of 1978 and began operating in \n1979.5 USCA  7101-35. -Abbr. FLRA. [Cases: Labor \nand Employment c=::>1650.] \nfederal labor union. See UNION. \nfederal land. See LAND. \nFederal Land Bank. (1914) One of a system of 12 regional \nbanks created in 1916 to provide mortgage loans to \nfarmers. The system is now merged with federal inter\nmediate credit banks to create the Federal Farm Credit \nSystem. [Cases: Banks and Banking United \nStates C=::>S3(7).] \nfederal law. (18c) The body oflaw consisting of the U.S. \nConstitution, federal statutes and regulations, U.S. \ntreaties, and federal common law. Cf. STATE LAW. \nFederal Law Enforcement Training Center. An inter\nagency law-enforcement training facility responsible \nfor serving over 70 law-enforcement organizations in \nthe federal government.  The Center was transferred \nfrom the Department of the Treasury to the Depart\nment of Homeland Security in 2003. Abbr. FLETC. \nfederal magistrate. UNITED STATES MAGISTRATE \nrUDGE. \nFederal Maritime Commission. An independent federal \nagency that regulates the waterborne foreign and \ndomestic commerce ofthe United States by (1) ensuring \nthat U.S. international trade is open to all countries on \nfair and equitable terms, (2) guarding against unau\nthorized monopolies in U.S. waterborne commerce, \nand (3) ensuring that financial responsibility is main\ntained to clean up oil spills and indemnify injured pas\nsengers. The Agency was established in 1961. Its five \ncommissioners are appointed by the President with the \nadvice and consent of the Senate. -Abbr. FMC. [Cases: \nShipping C=::>3, 14.] \nFederal Maritime Lien Act. A statute that confers an \nautomatic lien on anyone who provides a vessel with \nof a wide range of goods and services. 46 USCA \n-Abbr. FMLA. [Cases: Maritime Liens \n\n688 Federal Mediation and Conciliation Service \nFederal Mediation and Conciliation Service. An inde\npendent federal agency that tries to prevent the inter\nruption of interstate commerce that could result from \na labor-management dispute by helping the parties \nreach a settlement without resorting to a job action or \nstrike. The Service can intervene on its own author\nityor at the request of a party to the dispute. It also \nhelps employers and unions select qualified arbitrators. \nThe Service was established by the Labor Management \nRelations Act of 1947.29 USCA  172. Abbr. FMCS. \nCf. NATIONAL MEDIATION BOARD. \nFederal Mine Safety and Health Review Commis\nsion. An independent five-member commission that \n(1) monitors compliance with occupational safety and \nhealth standards in the nation's surface and under\nground coal, metal, and nonmetal mines, and (2) \nadjudicates disputes that arise under the Federal Mine \nSafety and Health Amendments Act of 1977. It was \nestablished in 1977.30 USCA  801 et seq. -Abbr. \nFMSHRC. [Cases: Labor and Employment C=>2571.J \nFederal Motor Carrier Safety Administration. A unit in \nthe U.S. Department ofTransportation responsible for \nregulating the operation oflarge trucks and buses. \nAbbr. FMCSA. [Cases: Automobiles C=> 116, 127.] \nFederal National Mortgage Association. A privately \nowned and managed corporation chartered by the \nU.S. government that provides a secondary mortgage \nmarket for the purchase and sale of mortgages guaran\nteed by the Veterans Administration and those insured \nunder the Federal Housing Administration. -Abbr. \nFNMA. Also termed Fannie Mae. [Cases: United \nStates \nFederal Parent Locator Service. A federal program \ncreated to help enforce child-support obligations . In \nan effort to increase the collection of child support, \nCongress authorized the use of all information con\ntained in the various federal databases to help locate \nabsent, delinquent child-support obligors. Although \ninitially information could be released only if the \nfamily was receiving public assistance, any judgment \nobligee can now apply to receive the last known address \nofa delinquent child-support obligor. 42 USCA  653. \nAbbr. FPLS. \nFederal Power Commission. See FEDERAL ENERGY REG\nULATORY COMMISSION. \nfederal preemption. See PREEMPTION (5). \nfederal prison camp. A federal minimum-security deten\ntion facility . Federal prison camps, which often do \nnot have walls or fences, usu. house nonviolent inmates \nwho are serving sentences shorter than a year plus one \nday and who are not considered escape risks. \nFederal Procurement Regulation. See FEDERAL ACQUI\nSITION REGULATION. \nFederal Protective Service. A law-enforcement agency \nin the U.S. Department ofHomeland Security respon\nsible for protecting ambassadors, diplomatic staffs, \nand embassy property . It was transferred from the \nGeneral Services Administration in 2003. federal question. In litigation, a legal issue involving \nthe interpretation and application ofthe U.S. Consti\ntution, an act of Congress, or a treaty . Jurisdiction \nover federal questions rests with the federal courts. 28 \nUSCA  1331. [Cases: Federal Courts (;~161-247.] \nfederal-question jurisdiction. See rURISDICTION. \nFederal Railroad Admiuistration. A unit in the U.S. \nDepartment of Transportation responsible for promul\ngating and enforcing rail-safety regulations; adminis\ntering rail-related financial-aid programs; conducting \nresearch on rail safety; and rehabilitating rail passen\nger service for the Northeast corridor. Abbr. FRA. \n[Cases: RailroadsC=>223.] \nFederal Register. A daily publication containing presi\ndential proclamations and executive orders, federal\nagency regulations of general applicability and legal \neffect, proposed agency rules, and documents required \nby law to be published . The Federal Register is pub\nlished by the National Archives and Records Adminis\ntration. -Abbr. Fed. Reg. [Cases: Administrative Law \nand Procedure <::=:'407.] \nfederal regulations. See CODE OF FEDERAL REGULA\nTIONS. \nFederal Reporter. See F. (1). \nFederal Reporter Second Series. See F.2D. \nFederal Reporter Third Series. See F.3D. \nFederal Reserve Board of Governors. The board that \nsupervises the Federal Reserve System and sets national \nmonetary and credit policy . The board consists of \nseven members nominated by the President and con\nfirmed by the Senate for 14-year terms. Often short\nened to Federal Reserve Board. Abbr. FRB. \nfederal reserve note."}
{"text": "for 14-year terms. Often short\nened to Federal Reserve Board. Abbr. FRB. \nfederal reserve note. (1913) The paper currency in cir\nculation in the United States . Non-interest-bear\ning promissory notes are payable to their bearer on \ndemand. The Federal Reserve Banks issue the notes in \ndenominations of $1, $2, $5, $10, $20, $50, and $100. \nUntil 1945, the United States Mint also printed $500, \n$1,000, $5,000, and $10,000 bills. Although the Federal \nReserve System discontinued using bills larger than \n$100 in 1969, the outstanding bills remain legal tender. \n31 USCA  5103. Cf. GOLD CERTIFICATE; SILVER CER\nTIFICATE. \nFederal Reserve System. The central bank that sets \ncredit and monetary policy by fixing the reserves to be \nmaintained by depository institutions, determining the \ndiscount rate charged by Federal Reserve Banks, and \nregulating the amount of credit that may be extended \non any security. The Federal Reserve System was \nestablished by the Federal Reserve Act of 1913. 12 \nUSCA  221. It comprises 12 central banks supervised \nby a Board of Governors whose members are appOinted \nby the President and confirmed by the Senate. -Abbr. \nFRS; Fed. [Cases: Banks and Banking C=>351-359.] \n\"The Federal Reserve System of 1913 evolved out of a \nsearch for consensus among bankers, politicians, and \nsome academic experts. It was a move toward 'central \nbank' regulation in the European sense .... [The System] \n\n689 \nseemed to resolve the outstanding problems in money \nand banking. Federal Reserve banknotes could grow with \nexpanding commercial paper and economic prosperity, \nand assure a more adequate, reliable monetary growth.\" \nWilliam A. Lovett, Banking and Finane/a/Institutions Law \nin a Nutshell 14-15 (1997). \nFederal Retirement Thrift Investment Board. A board \nthat administers the Thrift Savings Plan that allows \nfederal employees to save additional funds for retire\nment.  It was established in 1986. 5 USCA  8472. -\nAbbr. FRTIB. [Cases: United States ~39(15).1 \nFederal Rules Decisions. See F.R.D. \nFederal Rules Enabling Act. A 1934 statute granting \nthe U.S. Supreme Court the authority to adopt rules of \ncivil procedure for federal courts . For the rulemak\ning power offederal courts today, see 28 USCA  2071, \n2072. See also Fed. R. Civ. P. 83; Fed. R. Crim. P. 57. \n[Cases: Federal Civil Procedure~31.J \nFederal Rules of Appellate Procedure. The rules gov\nerning appeals to the U.S. courts ofappeals from lower \ncourts, some federal-agency proceedings, and applica\ntions for writs. -Abbr. Fed. R. App. P.; FRAP. [Cases: \nFederal Courts ~522.1 \nFederal Rules of Bankruptcy Procedure. The rules gov\nerning proceedings instituted under the Bankruptcy \nCode. Abbr. Fed. R. Bankr. P. [Cases: Bankruptcy \nFederal Rules of Civil Procedure. Ihe rules governing \ncivil actions in the U.S. district courts. Abbr. Fed. \nR. Civ. P.; FRCP. [Cases: Federal Civil Procedure \n\"Chief Justice Hughes in 1935 appointed fourteen lawyers \nand law teachers as the Advisory Committee for the Federal \nRules of Civil Procedure, with William D. Mitchell, former \nAttorney General, as chairman, and Charles E. Clark, then \ndean of the Yale Law School, as reporter, to recommend \na draft of rules uniting law and equity. The committee \nproposed a system of rules that was approved by the Court \nwith certai n changes. In accordance with the Enabling Act, \nthe rules were submitted to Congress for its acquiescence \nand, Congress having taken no exception to them, they \nbecame effective September 16, 1938. \n\"The rules thus produced bear the unmistakable imprint \nof the reporter, Charles E. Clark, and represent the largest \nsingle accomplishment in American civil procedure since \nthe Field Code of 1848. Although they were not perfect and \nhave been amended many times, experience with them has \non the whole been satisfactory, and more than half of the \nstates have adopted them in their entirety or in large part.\" \nFleming James, Geoffrey C. Hazard Jr. &John Leubsdorf, \nCivil Procedure  1.8, at 24-25 (5th ed. 2001). \nFederal Rules ofCriminal Procedure. The rules govern\ning criminal proceedings in the U.S. district courts. -\nAbbr. Fed. R. Crim. P. [Cases: Federal Civil Procedure \nFederal Rules of Evidence. The rules governing the \nadmiSSibility ofevidence at trials in federal courts. -\nAbbr. Fed. R. Evid.; FRE. [Cases: Federal Civil Proce\ndure \nFederal Savings and Loan Insurance Corporation. A \nfederal agency created in 1934 to insure deposits in \nsavings-and-loan associations and savings banks. Federal Trademark Dilution Act \nWhen this agency became insolvent in 1989, its assets \nand liabilities were transferred to an insurance fund \nmanaged by the FDIC. -Abbr. FSLIC. See RESOLU\nTION TRUST CORPORATION. [Cases: Building and Loan \nAssociations \nfederal sentencing guidelines. See UNITED STATES SEN\nTENCING GUIDELINES. \nfederal state. See STATE. \nfederal statute. See FEDERAL ACT. \nFederal Supplement. See F.SUPP. \nFederal Supplement 2d. See F-S'tJPP.2D. \nFederal Supply Service. A unit in the General Services \nAdministration responSible for providing supplies to \nfederal agencies worldwide . In procuring supplies the \nagency takes advantage ofthe government's aggregate \nbuying power. Abbr. FSS. \nFederal Technology Service. A unit in the General \nServices Administration that provides communica\ntions services worldwide to other federal departments \nand agencies. Abbr. FTS. \nFederal Tort Claims Act. A statute that limits federal \nsovereign immunity and allows recovery in federal \ncourt for tort damages caused by federal employees, \nbut only ifthe law of the state where the injury occurred \nwould hold a private person liable for the injury. 28 \nUSCA  2671-2680 -Abbr. FTCA. See sovereign \nimmunity under IMMUNITY (1). [Cases: United States \n<:::=78.J \n\"Although it has been suggested that the maxim, 'the King \ncan do no wrong' never had an existence in the United \nStates, it has also been declared that in enacting the \nFederal Tort Claims Act, Congress recognized the manifold \ninjustice that springs from the delimiting effect of the rule \nrepresented by that maxim. And it is said that in passing \nthe Act, Congress intended to compensate the victims of \nnegligence in the conduct of governmental activities in \ncircumstances in which a private person would be liable, \nrather than leave just treatment to the caprice and legisla\ntive burden of individual private laws, and to eliminate the \nburden on Congress of investigating and passing on private \nbills seeking individual relief.\" 35 Am. Jur. 2d Federal Tort \nClaims Act  1, at 296 (1967). \nFederal Trade Commission. An independent five-mem\nber federal commission that administers various laws \nagainst business monopolies, restraint of trade, and \ndeceptive trade practices . It was established by the \nFederal Trade Commission Act of 1914. 15 USCA  \n41-58. The Commission's body of rulings reaches into \nmany state-law actions because many so-called \"Little \nFTC Acts\" of the states specify that FTC interpretations \nshould provide a model for state-court decisions. \nAbbr. FTC. [Cases: Antitrust and Trade Regulation \n~300.J \nFederal Trademark Act. See LANHAM ACT. \nFederal Trademark Dilution Act. A 1995 amendment to \nthe Lanham Act (Trademark Act of 1946) that provides \nadditional remedies against the dilution of famous \ntrademarks. 15 USCA  1125(c). -Sometimes short\nened to Dilution Act. Abbr. FTDA. [Cases: Trade\nmarks 0=>1450-1473.J \n\nfederal transfer. The federal district court's right to \nmove a civil action filed there to any other district or \ndivision where the plaintiff could have brought the \naction originally. 28 USCA  1404(a). See CHANGE OF \nVENUE. [Cases: Federal Courts C=>101-146, 1152.] \nFederal Transit Administration. A unit in the U.S. \nDepartment ofTransportation responsible for increas\ning public-transit ridership through demonstration \nprojects and financial assistance. -Abbr. FTA. \nFederal Unemployment Tax Act. The federal statute \nrequiring employers to remit taxes based on employ\nees' wages and salaries. 18 USCA  1201 et seq. -Abbr. \nFUTA. [Cases: Internal Revenue C=>4351.] \nfederation. (18c) A league or union ofstates, groups, or \npeoples united under a strong central authority but \nretaining limited regional sovereignty, esp. over local \naffairs. Cf. CONFEDERATION. \nfed funds. See FEDERAL FUNDS RATE. \nfed-funds rate. See FEDERAL FUNDS RATE. \nFed. R. App. P. abbr. FEDERAL RULES OF APPELLATE \nPROCEDURE. \nFed. R. Bankr. P. abbr. FEDERAL RULES OF BANKRUPTCY \nPROCEDURE. \nFed. R. Civ. P. abbr. FEDERAL RULES OF CIVIL PROCE\nDURE. \nFed. R. Crim. P. abbr. FEDERAL RULES OF CRIMINAL \nPROCEDURE. \nFed. Reg. abbr. FEDERAL REGISTER. \nFed. R. Evid. abbr. FEDERAL RULES OF EVIDENCE. \nFed Wire. The Federal Reserve's computer network \nthat allows nearly instantaneous domestic money and \nsecurities transfers among the Federal Reserve's offices, \ndepository institutions, the U.S. Treasury, and other \ngovernment agencies. [Cases: Banks and Banking C=> \n188.5.] \nfee. (14c) 1. A charge for labor or services, esp. profes\nsional services. \nattorney's fees. See ATTORNEY'S FEES. \ncontingentfee. See CONTINGENT FEE. \ndocket fee. (1836) A fee charged by a court for filing \na claim. \nexpert-witness fee. A fee paid for the professional \nservices ofan expert witness. [Cases: Costs C=> 187.] \nfixed fee. (18c) 1. A flat charge for a service; a charge \nthat does not vary with the amount of time or effort \nrequired to complete the service. 2. In a construction \ncontract, a predetermined amount that is added to \ncosts for calculating payments due under the contract. \n[Cases: Contracts C=>231(1).] \nfranchise fee. (1894) 1. A fee paid by a franchisee to a \nfranchisor for franchise rights . Franchise fees are \nregulated by state laws. 2. A fee paid to the govern\nment for a government grant of a franchise, such as \nthe one required for operating a radio or television \nstation. [Cases: Telecommunications C=>798, 1215.] juryfee. (1806) A fee, usu. a minimal one, that a party \nto a civil suit must pay the court clerk to be entitled \nto a jury trial. [Cases: Jury C=>26.] \nloan-origination fee. A fee charged by a lender to cover \nthe administrative costs of making a loan. \nmaintenance fee. See MAINTENANCE FEE. \nmanagement fee. A fee charged by an investment \nmanager for supervisory services. \norigination fee. (1921) A fee charged by a lender for pre\nparing and processing a loan. [Cases: Usury C=>53.] \nprobate fee. Compensation paid with a probate court's \napproval to an attorney who performs probate-related \nservices to the estate. [Cases: Executors and Admin\nistrators C=>216(2).] \nsuccess fee. A bonus paid to a representative who \nperforms exceptionally well in gaining favorable \nresults; esp., a bonus that a client pays to an attorney if \nthe attorney obtains something ofvalue to the client. \n For instance, a client might agree to pay a success \nfee for success in litigation, for favorable negotiations \nin a transaction, or for the successful conclusion of \na corporate merger, acquisition, or loan. See CONDI\nTIoNAL FEE AGREEMENT. [Cases: Attorney and Client \nC=>130,143.] \nwitness fee. 1. A statutory fee that must be tendered with \na subpoena for the subpoena to be binding. [Cases: \nWitnesses C=>23.] 2. A fee paid by a party to a witness \nas reimbursement for reasonable expenses (such as \ntravel, meals, lodging, and loss of time) incurred as \na result of the witness's having to attend and testify \nat a deposition or trial.  Any other payment to a \nnonexpert witness is considered unethical. -Also \ntermed (in English law) conduct money. Cf. expert\nwitness fee. \n2. A heritable interest in land; esp., a fee simple \nabsolute. -Also termed fee estate; feod; feodum; feud; \nfeudum;fief See FEE SIMPLE. Cf. FEU. [Cases: Estates in \nProperty C=>5-7.] \n\"To enfeoff someone was to transfer to him an interest in \nland called a fief -or, if you prefer, a feoff, feod, or feud. \nOur modern word fee, a direct lineal desc"}
{"text": "ief -or, if you prefer, a feoff, feod, or feud. \nOur modern word fee, a direct lineal descendant of fief, \nimplies the characteristic of potentially infinite duration \nwhen used to describe an interest in land today; but in the \nearliest part of the feudal period, a fiefmight have been as \nsmall as a life interest. We shall see later that feoffment was \nnot used to transfer interests 'smaller' than life interests \ne.g., so-called terms for years -but for our purposes now \nwe may simply note that transfers of interests for life or \n'larger' were accomplished by livery of seisin.\" Thomas F. \nBergin & Paul G. Haskell, Preface to Estates in Land and \nFuture Interests 11 (2d ed. 1984). \narriere fee (ar-ee-air or ar-ee-;Jr). Hist. A fee dependent \non a superior one; a subfief. -Also termed arriere \nfief \nbase fee. (16c) A fee that has some qualification con\nnected to it and that terminates whenever the qual\nification terminates. An example of the words \ncreating a base fee are \"to A and his heirs, tenants of \nthe manor of Tinsleydale,\" which would terminate \nwhen A or his heirs are no longer tenants ofthe manor \n\n691 \nof Tinsleydale. Among the base fees at common law \nare the fee simple subject to a condition subsequent \nand the conditional fee. -Also termed determinable \nfee; qualified fee; limited fee. Seefee simple determin\nable under FEE SIMPLE. \n\"A base fee is a particular kind of determinable fee, The two \nessentials of a base fee are (a) it continues only so long as \nthe original grantor or any heirs of his body are alive; and \n(b) there is a remainder or reversion after it, , , , In effect \na base fee was a fee simple which endured for as long as \nthe entail would have continued if it had not been barred, \nand determined when the entail would have ended,\" Robert \nE, Megarry & M,P. Thompson, A Manual of the Law of Real \nProperty 38-40 (6th ed. 1993), \ndeterminable fee. See base fee. \nfee expectant. Rare. A fee tail created when land is \ngiven to a man and wife and the heirs oftheir bodies. \nSee FRANKMARRIAGE. \nfee simple. See FEE SIMPLE. \nfee tail. See FEE TAIL. \ngreat fee. Hist. In feudal law, a fee received directly \nfrom the Crown. \nknight'sfee. See KNIGHT'S FEE. \nlayfee. Hist. A fee interest in land held by ordinary \nfeudal tenure, such as socage, rather than byeccle\nsiastical tenure through frankalmoin. See FRA~KA\nLMOIN; SOCAGE. \nlimited fee. See base fee. \nplowman's fee. Rist. A species of tenure for peasants or \nsmall farmers by which the land descended in equal \nshares to all the tenant's sons. \nqualified fee, See base fee. \nquaSi-fee. Hist. An estate in fee acquired wrongfully. \nfee damages. See DAMAGES. \nfeeder organization. Tax. An entity that conducts a \nbusiness or trade for the benefit of a tax-exempt orga\nnization . The feeder organization is not tax-exempt. \nIRC (26 USCA)  502. [Cases: Internal Revenue C:=> \n4067.] \nfee estate. See FEE (2). \nfee farm. Rist. A species of tenure in which land is held \nin perpetuity at a yearly rent (fee-farm rent), without \nfealty, homage, or other services than those in the \nfeoffment. Also termed feodi firma;firma feodi. See \nEMPHYTEUSIS. \n\"Now to all appearance the term socage, a term not found \nin Normandy, has been extending itself upwards; a name \nappropriate to a class of cultivating peasants has begun to \ninclude the baron or prelate who holds land at a rent but \nis not burdened with military service. , , . He is sometimes \nsaid to have feodum censuale: far more commonly he is \nsaid to hold 'in fee farm.' This term has difficulties of its \nown, for it appears in many different guises; a feoffee is \nto hold in feofirma, in fel,lfirmam, in fedfirmam, in feudo \nfirmam, in feudo firma, ad firmam feadalem, but most \ncommonly, in feadi firma. The Old English language had fee simple \nwhatever may be the precise history of the phrase, to hold \nin fee farm means to hold heritably, perpetually, at a rent; \nthe fee, the inheritance, is let to farm.\" 2 Frederick Pollock \n& Frederic W. Maitland, The History of English Law Before \nthe Time Of Edward' 293 (2d ed. 1899). \nfee-farm rent. See RENTCHARGE. \nfee interest. 1. See FEE. 2. See FEE SIMPLE. 3. See FEE TAIL. \n4. Oil & gas. Ownership of both the surface interest and \nthe mineral interest. \nfeemail (fee-mayl). (1994) Slang. 1. An attorney's fee \nextorted by intimidation, threats, or pressure. 2. The \nact or process of extorting such a fee. Cf. BLACKMAIL \n(1); GRAYMAIL; GREENMAIL (I), (2). \nfee-sharing. See FEE SPLITTING. \nfee-shifting, n. The transfer of responsibility for paying \nfees, esp. attorney's fees, from one party to another. See \nAMERICAN RULE (1); ENGLISH RULE. [Cases: Internal \nRevenue C:=>4351.j \nfee simple. (l5c) An interest in land that, being the \nbroadest property interest allowed by law, endures \nuntil the current holder dies without heirs; esp., a fee \nsimple absolute. -Often shortened to fee. -Also \ntermed estate in fee simple; tenancy in fee; fee-Simple \ntitle; exclusive ownership;feudum simplex. See AND HIS \nHEIRS. [Cases: Estates in Property~--:;5-7.1 \n\"[Fee simple] is a term not likely to be found in modern \nconversation between laymen, who would in all probabil\nity find it quite unintelligible, Yet to a layman of the 14th \ncentury the term would have been perfectly intelligible, \nfor it refers to the elementary social relationship of feudal, \nism with which he was fully familiar: the words 'fee' and \n'feudal' are closely related ... , The estate in fee simple \nis the largest estate known to the law, ownership of such \nan estate being the nearest approach to ownership of the \nland itself which is consonant with the feudal principle of \ntenure, It is 'the most comprehensive estate in land which \nthe law recognises'; it is the 'most extensive in quantum, \nand the most absolute in respect to the rights which it \nconfers, of all estates known to the law', Traditionally, the \nfee simple has two distinguishing features: first, the owner \n('tenant' in fee simple) has the power to dispose of the fee \nsimple, either inter vivos or by Will; second, on intestacy \nthe fee simple descends, in the absence of lineal heirs, to \ncollateral heirs to a brother, for example, if there is no \nissue,\" Peter Butt, Land Law 35 (2d ed. 1988). \n\"Fee simple. Originally this was an estate which endured for \nas long as the original tenant or any of his heirs survived. \n'Heirs' comprised any blood relations, although originally \nancestors were excluded; not until the Inheritance Act 1833 \ncould a person be the heir of one of his descendants. Thus \nat first a fee simple would terminate ifthe original tenant \ndied without leaving any descendants or collateral blood \nrelations (e.g., brothers or cousins), even if before his death \nthe land had been conveyed to another tenant who was still \nalive, But by 1306 it was settled that where a tenant in fee \nsimple alienated the land, the fee simple would continue \nas long as there were heirs of the new tenant and so on, \nirrespective of any failure of the original tenant's heirs, \nThenceforward a fee simple was Virtually eternal.\" Robert \nE. Megarry & M.P. Thompson, A Manual of the Law of Real \nProperty 24-25 (6th ed. 1993), \nboth of the words of which this term is compounded, both fee simple absolute. (lSc) An estate of indefinite orfeah (property) and feorm (rent); but so had the language potentially infinite duration (e.g., \"to Albert and his of France, and in Norman documents the term may be \nfound in various shapes, firmam fedium, feudifirmam. But, heirs\"), Often shortened to fee simple or fee. \n\n692 fee-simple title \nAlso termed fee simple absolute in possession. [Cases: \nEstates in Property (;::=>5.) \n\"Although it is probably good practice to use the word \n'absolute' whenever one is referring to an estate in fee \nsimple that is free of special limitation, condition subse\nquent. or executory limitation, lawyers frequently refer to \nsuch an estate as a 'fee simple' or even as a 'fee.'\" Thomas \nF. Bergin & Paul G. Haskell, Preface to Estates in Land and \nFuture Interests 24 (2d ed. 1984). \nfee simple conditional. (l7c) An estate restricted to \nsome specified heirs, exclusive of others (e.g., \"to \nAlbert and his female heirs\"). -The fee simple con\nditional is obsolete except in Iowa, Oregon, and South \nCarolina. -Also termed general fee conditional; COIl\nditionalfee. [Cases: Estates in Property (;::=>7.] \n\"The reader should be careful not to confuse this estate \nwith estates having similar labels, such as the 'estate in fee \nsimple subject to a condition subsequent' ....\" Thomas \nF. Bergin & Paul G. Haskell, Preface to Estates in Land and \nFuture Interests 29 n.19 (2d ed. 1984). \nfee simple defeasible (di-fee-z<l-b<ll). (I8c) An estate \nthat ends either because there are no more heirs of \nthe person to whom it is granted or because a special \nlimitation, condition subsequent, or executory limita\ntion takes effect before the line of heirs runs out. \nAlso termed defeasible fee simple; qualified fee. [Cases: \nEstates in Property (;::=>6.] \nfee simple determinable. (18c) An estate that will \nautomatically end and revert to the grantor ifsome \nspecified event occurs (e.g., \"to Albert and his heirs \nwhile the property is used for charitable purposes\"); \nan estate in fee simple subject to a special limitation. \n_ The future interest retained by the grantor is called \na possibility ofreverter. -Also termed determinable \nfee; qualified fee;fee simple subject to common-law \nlimitation;fee Simple subject to speciallimitation;fee \nsimple subject to special interest; base fee; estate on \nlimitation. [Cases: Estates in Property (;::=>6.] \n\"In theory, it should be easy to determine whether an \ninstrument creates a fee simple determinable or a fee \nsimple subject to a condition subsequent. If the instrument \nincludes a special limitation (introduced by words such as \n'so long as' or 'until') it creates a fee simple determinable, \nwhether or not it also includes an express reverter clause. \nIf the instrument includes an express condition or proviso \n('on condition that' or 'provided that') and an express right \nto re-enter for breach of the stated condition, it creates a \nfee simple subject to a condition subsequent. But deeds \nand wills often fail to employ the appropriate words to \ncreate one of the twO types of defeasible estate or the \nothers. Instead deeds and wills often contain a confusing \nmixture of words appropriate for creation of both types of \ndefeasible estate.\" William B. Stoebuck & Dale A. Whitman, \nThe Law of Property 43 (3d ed. 2000). \nfee simple subject to a condition subsequent. (1874) An \nestate subject to the grantor's power to end the estate \nif some specified event happens (e.g., \"to Albert and \nhis heirs, upon condition that no alcohol is sold on \nthe premises\"). _ The future interest retained by the \ngrantor is called a power oftermination (or a right of \nentry). -Also termed fee simple on a condition sub\nsequent; fee simple subject to a power oftermination; \nfee simple upon condition. [Cases: Estates in Property \nC~:::07.] fee simple subject to an executory limitation. (1856) \nA fee simple defeasible that is subject to divestment \nin favor ofsomeone other than the grantor ifa speci\nfied event happens (e.g., \"to Albert and his heirs, but \nif the property is ever used as a parking lot, then to \nBob\"). Also termed fee simple subject to an execu\ntory interest. [Cases: Estates in PropertyC=6.] \nfee simple subject to a power oftermination. See fee \nsimple subject to a condition subsequent. \nfee simple subject to common-law limitation. See fee \nsimple determinable. \nfee simple subject to special interest. See fee simple \ndeterminable. \nfee simple subject to special limitation. See fee simple \ndeterminable. \nfee simple upon condition. See fee simple subject to a \ncondition subsequent. \nfee-simple title. See FEE SIMPLE. \nfee-splitting. I. The division ofattorney's fees between \ntwo or more lawyers, esp. between the lawyer who \nhandled a matter and the lawyer who referred the \nmatter. _ Some states consider this practice unethi\ncal. 2. The division of attorney's fees between two or \nmore lawyers who represent a client jointly but are not \nin the same firm. -Under most states' ethics rules, \nan attorney is prohibited from splitting a fee with a \nnonlawyer. Also termed fee-sharing; division offees. \n[Cases: Attorney and Client (;::=> 151.] \nfee statement. A lawyer's bill for services either already \nrendered or to be rendered, usu. including itemized \nexpenses. \nfee tail. (15e) An estate that is heritable only by specified \ndescendants of the original grantee, and that endures \nuntil its current holder dies without issue (e.g., \"to \nAlbert and the heirs ofhis body\"). -Most jurisdic\ntions except Delaware, Maine, Massachusetts, and \nRhode Island have abolished the fee tail. -Also \ntermed entailed estate; estate tail; estate in tail; estate \nin fee tail; tenancy in tail; entail;feodum talliatum. See \nENTAIL; TAIL. [Cases: Estates in PropertyC=:"}
{"text": "entail;feodum talliatum. See \nENTAIL; TAIL. [Cases: Estates in PropertyC=: 12.] \n\"The old estate tail was throughout its history invari\nably with family settlements, and in particular \nwith marriage settlements .... Medieval landowners sought \nto achieve [familial continuity and status] by perfecting a \nsingle estate which in itself would conform to three require\nments: (1) While it should be an estate of inheritance it \nshould devolve on lineal heirs only, and not on collater\nals in other words that it should descend only to the \nheirs ofthe body of the first (2) As a corollary, the \nestate should be such that at any time the first grantee's \nissue should fail the estate itself should come to an end \nand the land revert to the original settlor or his heirs. (3) \nNo owner of the estate for the time being should have \npower to dispose of the land in such a way as to prevent it \ndescending on his death to the next heir of the body of the \noriginal grantee. All this was attempted by limiting land, \nnot to 'A and his heirs,' which would give A a fee simple, \nbut to 'A and the heirs ofhis body.'\" 1 Stephen's Commen\ntaries on the Laws of Eng/and 150 (L. Crispin Warmington \ned., 21st ed. 1950). \n\n\"If we cannot resist the temptation to say that De Donis per \nmitted the creation of tailormade estates, we can at least \nargue that it is not a pun. Our word 'tailor' and the word \n'tail,' as used in 'fee tail,' come from the same source -the \nFrench tailler, to cut. The word 'tail' in 'fee tail' has nothing \nto do with that which wags the dog. The estate in fee tail \nwas a cut estate -either cut in the sense that the collateral \nheirs were cut out, or cut in the sense that the estate was \ncarved into a series of discrete life possession periods to \nbe enjoyed successively by A and his lineal heirs .... We \nknow of no state in the United States that recognizes the \nestate in fee tail in its strict 1285-1472 form. Wherever it is \nrecognized, the tenant in tail in possession may disentail \nit by simple deed.\" Thomas F. Bergin & Paul G. Haskell, \nPreface to Estates in Land and Future Interests 30, 32 (2d \ned.1984). \nfee tail general. A fee tail that is heritable by all of the \nproperty owner's issue by any spouse . Formerly, a \ngrant \"to A and the heirs of his body\" created a fee tail \ngeneral. [Cases: Estates in Property (;:::12.J \nfee tail special. A fee tail that restricts the eligibility \nof claimants by requiring a claimant to prove direct \ndescent from the grantee and meet the special con\ndition in the grant.  For example, the words \"to A \nand the heirs of his body begotten on his wife Mary\" \nmeant that only descendants of A and Mary could \ninherit; !\\s children by any other wife were excluded. \nAn estate tail special could also be restricted to only \nmale or only female descendants, as in \"to A and the \nheirs male of his body.\" [Cases: Estates in Property \n12.J \nfeign (fayn), vb. (Be) To make up or fabricate; to make a \nfalse show of <he feigned an illness>. \nfeigned, adj. Pretended; simulated; fictitious. \nfeigned accomplice. See INFORMANT. \nfeigned action. Hist. An action brought for an illegal \npurpose on a pretended right. Also termed faint \naction;false action. \nfeigned issue. Hist. A proceeding in which the parties, by \nconsent, have an issue tried by a jury without actually \nbringing a formal action . The proceeding was done \nwhen a court either lacked jurisdiction or was unwill\ning to decide the issue. Also termed fictitious issue. \n'The chancellor's decree is either interlocutory or final. It \nvery seldom happens that the first decree can be final, or \nconclude the cause; for, if any matter of fact is strongly \ncontroverted, this court is so sensible of the deficiency \nof trial by written depositions, that it will not bind the \nparties thereby, but usually directs the matter to be tried \nby jury .... But, as no jury can be summoned to attend this \ncourt, the fact is usually directed to be tried at the bar of \nthe court of king's bench or at the assises, upon a feigned \nissue. For. (in order to bring it there, and have the point in \ndispute, and that only, put in issue) an action is feigned \nto be brought, wherein the pretended plaintiff declares \nthat he laid a wager of 51. with the defendant that A was \nheir at law to B; and then avers that he is so; and there \nfore demands the 51. The defendant allows the wager, but \navers that A is not the heir to B; and thereupon the issue is \njoined. , .. These feigned issues seem borrowed from the \nsponsio judicialis of the Romans: and are also frequently feigned recovery. See COMMON RECOVERY. \nFEIN. abbr. See TAX-IDENTIFICATION NUMBER. \nFeist doctrine. (1991) Copyright. The rule that \"sweat of \nthe brow\" will not support U.S. copyright protection \nin an unoriginal collection offacts. Feist Pubs. v. Rural \nTel. Servo Co., 499 U.S. 340, IllS. Ct. 1282 (1991). Cf. \nSWEAT-OF-THE-BROW DOCTRINE. [Cases: Copyrights \nand Intellectual Property e:-~12(2).] \nFELA (fee-I;)). abbr. FEDERAL EMPLOYERS' LIABILITY \nACT. \nfele (feel). [Law French] See FEAL. \nfellow, n. l. One jOined with another in some legal status \nor relation. 2. A member of a college, board, corporate \nbody, or other organization. \nfellow-officer rule. (1971) Criminal procedure. The prin\nciple that an investigative stop or an arrest is valid even \nifthe law-enforcement officer lacks personal knowledge \nto establish reasonable suspicion or probable cause as \nlong as the officer is acting on the knowledge ofanother \nofficer and the collective knowledge ofthe law-enforce\nment office. Also termed Whiteley rule; collective\nknowledge rule. [Cases: Arrest C=>63.4(1l}.] \nfellow servant. A coworker having the same employer; \nesp., an employee who is so closely related to another \nemployee's work that there is a special risk of harm if \neither one is negligent. See FELLOW-SERVANT RULE; \nDIFFERENT-DEPARTMENT RULE. \nsuperior fellow servant. A worker that has the power of \ncontrol or direction over a coworker. Also termed \nsuperior servant. \nfellow-servant rule. (1905) A common-law doctrine \nholding that an employer is not liable for an employee's \ninjuries caused by a negligent coworker . This doctrine \nhas generally been abrogated by workers' -compensa\ntion statutes. In some jurisdictions, employees were \nconsidered fellow servants when they were working \nwith one aim or result in view. In others, the relation \nof fellow servant was tested by the\" doctrine of vice \nprincipal\" or the \"superior-servant rule,\" meaning that \nan employer is liable for injuries to an employee ifthey \nresult from the negligence of another employee who \nis given power of control or direction over the injured \nemployee. Also termed common-employment \ndoctrine. Cf. DIFFERENT-DEPARTMENT RULE. [Cases: \nLabor and Employment C=>2921.J \nfelo-de-se (fee-loh or fel-oh dee see), n. (17c) See SUICIDE \n(2). PI. felones de se. \n\"'Felo de Sl!.,' or felon of himself is freely spoken of by the \nearly writers as selfmurder. Hence one who killed himself \nbefore he arrived at the age of discretion or while he was \nnon compos mentis, was not a felo de se, or suicide .... \n[Bly the early common law suicide was a felony and was \npunished by ignominious burial and forfeiture of goods \nand chattels to the king.\" Rollin M. Perkins & Ronald N. \nBoyce, Criminal Law 120 (3d ed. 1982). \nused in the courts of law, by consent of the parties, to felon, n. (l3c) A person who has been convicted of a \ndetermine some disputed rights without the formality of felony. Also termed (redundantly) convicted felon. pleading .... 3 William Blackstone, Commentaries on the \nLaws ofEngland 452 (1768). felon-de-se. See SUICIDE (2). \n\nfelonia (f;l-loh-nee-;.:,). [Latin \"felony\"} Hist. An offense \nthat results in a vassal's forfeiting his fee. \n\"The attempt to derive felonia from fel 'poison' is merely \na folk etymology which came into vogue when 'felony' \nmeant a serious crime, and differed from treason. The \nword was well established in Feudal Law as the character\nistic offense against the Feudal relationship. It will hardly \ndo, therefore, to try to determine its meaning merely by \nreference to English usage ....\" Max Radin, Handbook of \nAngloAmerican Legal History 148 n.7 (1936). \nfelonious (f;.:,-loh-nee-;.:,s), adj. (l6c) 1. Of, relating to, or \ninvolving a felony. 2. Constituting or having the char\nacter ofa felony. 3. Proceeding from an evil heart or \npurpose; malicious; villainous. 4. Wrongful; (of an act) \ndone without excuse or color of right. \nfelonious assault. See ASSAULT. \nfelonious homicide. See HOMICIDE. \nfelonious intent. See criminal intent under INTENT (1). \nfelonious restraint. (1971) 1. The offense of knowingly \nand unlawfully restraining a person under circum\nstances that expose the person to serious bodily harm. \nModel Penal Code  212.2(a). 2. The offense ofholding \na person in involuntary servitude. Model Penal Code  \n212.2(b). [Cases: False Imprisonment \nfelon ofoneself. See SUICIDE (2). \nfelony, n. (l4c) 1. A serious crime usu. punishable by \nimprisonment for more than one year or by death. \nExamples include burglary, arson, rape, and murder. \nAlso termed major crime; serious crime. Cf. MISDE\nMEANOR. [Cases: Criminal Law \n\"Felony, in the general acceptation of our English law, com \nprizes every species of crime, which occasioned at common \nlaw the forfeiture of lands or goods.\" 4 William Blackstone, \nCommentaries on the Laws of England 94 (1769). \n\"Amongst indictable crimes, the common law singled \nout some as being so conspicuously heinous that a man \nadjudged gUilty of any of them incurred not as any \nexpress part of his sentence but as a consequence that \nnecessarily ensued upon it ~ a forfeiture of property, \nwhether of his lands or of his goods or of both (in the case \nof treason). Such crimes came to be called 'felonies.' The \nother, and lesser, crimes were known as 'transgressions' or \n'trespasses,' and did not obtain their present name of mis \ndemeanours until a much later date. A felony is, therefore, \na crime which either involved by common law such a forfei \nture, or else has been placed by statute on the footing of \nthose crimes which did involve it.\" J.W. Cecil Turner, Kennv's \nOutlines ofCriminal Law 93 (16th ed. 1952). \natrocious felony. (1814) Archaic. A serious, usu. cruel \nfelony involving personal violence. -The common \npractice today is to refer to the specific type ofcrime \nalleged (e.g., first-degree murder or aggravated sexual \nassault). \nserious felony. (1874) A major felony, such as burglary \nof a residence or an assault that causes great bodily \ninjury. -In many jurisdictions, a defendant's prior \nserious-felony convictions can be used to enhance \nanother criminal charge. [Cases: Sentencing and Pun\nishment (;:::c 1254, 1276.J \nsubstantive felony. See substantive offense under \nOFFENSE (1). treason felony. See TREASON FELONY. \nviolent felony. See violent offense under OFFENSE (1). \n2. Hist. At common law, an offense for which convic\ntion results in forfeiture of the defendant's lands or \ngoods (or both) to the Crown, regardless of whether \nany capital or other punishment is mandated. -At \nearly common law, the term felony included any offense \nfor which a defendant who fled before trial could be \nsummarily convicted, attainted, and outlawed, or that \ncarried a right of appeal after conviction. Although \ntreason carried the same penalties as a common-law \nfelony, it was usu. defined as a separate class ofcrime. \n3. Hist. Feudal law. A grave act that resulted in the for\nfeiture ofland granted by a superior. \nfelony-de-se. See SUICIDE (1). \nfelony injury to a child. The act ofcausing or allowing a \nchild to suffer in circumstances likely to produce great \nbodily harm or death, or inflicting unjustifiable pain \nor mental suffering in those circumstances. [Cases: \nInfants <8= l3.) \nfelony murder. See MURDER. \nfelony-murder rule. (1943) The doctrine holding that \nany death resulting from the commission or attempted \ncommission of a felony is murder. -Most states restrict \nthis rule to inherently dangerous felonies such as rape, \narson, robbery, and burglary. Cf. MISDEMEANOR-MAN\nSLAUGHTER RULE. [Cases: Homicide \n\"[Ilt seems fair to suggest that the future of felony murder \nis uncertain. England, where the doctrine originated, \nhas abolished it. The Model Penal Code recommends its \nabolition except for the purpose of creating a rebuttable \npresumption of malice for killings perpetrated during \nthe course of a felony. Although most states have not yet \nadopted this pOSition, many"}
{"text": "killings perpetrated during \nthe course of a felony. Although most states have not yet \nadopted this pOSition, many of the judicial limitations on \nfelony murder discussed above seem to insure that in many \nstates it will be an unusual case in which one is convicted \nof felony murder, who absent this doctrine, would not have \nbeen convicted of murder.\" Arnold H. Loewy, Criminal Law \nin a Nutshell 46 (2d ed. 1987). \nFEMA. abbr. FEDERAL EMERGENCY MANAGEMENT \nAGENCY. \nfemale genital mutilation. (1979) 1. Female circumci\nsion. 2. The act ofcutting, or cutting off, one or more \nfemale sexual organs. _ Female genital mutilation is \npracticed primarily among certain tribes in Africa, but \nit also occurs among some immigrant populations in \nthe United States and in other Western nations. 'Ihere \nare three commonly identified types: sunna, in which \nthe hood of the clitoris is cut off; excision, in which \nthe entire clitoris is cut off; and infibulation, in which \nthe clitoris, the labia minora, and much of the labia \nmajora are cut off. In the United States, Congress has \noutlawed female genital mutilation, specifically prohib\niting the use ofa cultural defense for persons accused \nof performing the act. 18 USCA  16. Abbr. FGM. \nSee CULTURAL DEFENSE. [Cases: Aliens, Immigration, \nand Citizenship <8=533.] \nfem-crit. See CRIT. \n\n695 \nfeme (fern), n. (16c) [Law French] Archaic. 1. A woman. \n2. A wife. -Also spelled femme. \nfeme covert (fern k;}v-;)rt). [Law French \"covered \nwoman\"] Archaic. A married woman. _ The notion, \nas Blackstone put it, was that the husband was the \none \"under whose wing, protection, and cover, she \nperforms every thing.\" 1 William Blackstone, Com\nmentaries on the Law of England 430 (1766). See \nCOVERTURE. \nfeme sole (fern sohl). [Law Prench) Archaic. 1. An \nunmarried woman. 2. A married woman handling \nthe affairs of her separate estate. Also termed (in \nsense 2) feme sole trader;feme sole merchant. \nfemicide (fem-;)-sId). (l9c) 1. The killing ofa woman. 2. \nOne who kills a woman. \nfeminist jurisprudence. See JURISPRUDENCE. \nfemme. See FEME. \nfence, n. (14c) 1. A person who receives stolen goods, \nusu. with the intent to sell them in a legitimate market. \n[Cases: Receiving Stolen Goods C=:::4.] \n''The receivers of stolen goods almost never 'know' that \nthey have been stolen, in the sense that they could testify to \nit in a courtroom. The business could not be so conducted, \nfor those who sell the goods the 'fences' must keep \nup a more respectable front than is generally possible for \nthe thieves.\" United States v, Wernet', 160 F.2d 438, 441-42 \n(2d eir. 1947). \n''The typical 'fence' takes over the stolen property and pays \nthe thief a price. He purports to 'buy' the goods from the \nthief.\" Rollin M. Perkins & Ronald N. Boyce, Criminal Law \n395 (3d ed. 1982). \n2. A place where stolen goods are sold. See RECEIVING \nSTOLEN PROPERTY. 3. LAWFUL FENCE. 4. Scots law. The \nformal warning to not interrupt or obstruct judicial or \nlegislative proceedings. 5. Scots law. A penalty of for\nfeiture prescribed in a statute or a contract. \nfence, vb. 1. To sell (stolen property) to a fence. 2. Scots \nlaw. To open (a legislative or judicial sitting) by warning \npersons against obstructing or interrupting the legisla\nture or court. 3. Scots law. To threaten with forfeiture \nas a consequence ofviolating a law or breaching a con\ntractual promise. \nfence-month. Hist. The summer fawning season when \nit was unlawful to hunt deer. Also termed defense-\nmonth. \nfencing patent. See PATENT (3). \nfeneration (fen-J-ray-sh;)n). (16c) Hist. 1. The act or \npractice oflending money with interest. 2. USURY. \nfenus (fen-as), n. [Latin] Roman law. Simple interest. \nfenus nauticum. See :'ilAUTICUM FEN us. \nfeod (fyood). 1. See FEE (2). 2. See FEUD. \nfeodal (fyoo-dJI), adj. See FEUDAL. \nfeodal action. See FEUDAL ACTION. \nfeodality (fyoo-dal-;)-tee). See FEALTY. \nfeodal system. See FEUDALISM. feoffer \nfeodarum consuetudines (fee-;)-dair-;)m [or fyoo\ndair-Jm] kon-sw;)-t[y]oo-dJ-neez). See FEUOARAM \nCONSUETUDINES. \nfeodary (fyoo-d;)-ree). (ISc) Hist. An officer ofthe Court \nofWards who traveled with the escheator from county \nto county in order to receive royal rents and estimate \nthe value ofland tenures for the Crown. See COURT OF \nWARDS A:'ilD LIVERIES. \nfeodatory (fyoo-da-tor-ee). See FEUDATORY. \nfeodifirma (fee-;)-dr or fyOO-dI f<lr-m;). See FEE FARM. \nfeodi firmarius (fee-a-dl orfyoo-dI f;)r-mair-ee-as). Hist. \nThe tenant ofa fee farm. \nfeodum (fee-;)-d;)m or fyoo-d;)m). [Law Latin] Hist. 1. A \nfee; a heritable estate. \n\"Feodum ... A fee; the same as feudum. This is the word \nuniformly employed by Glanville and Bracton to denote \nan estate of inheritance, and an estate held of another by \nservice, instead of feudum, which is invariably used by \nthe continental feudists.\" 1 Alexander M. Burrill, A Law \nDictionary and Glossary 615 (2d ed. 1867). \n2. Part of a lord's estate held by a tenant (Le., a sei\ngniory). See SEIGNIORY (2). 3. A payment for services \nrendered. \nfeodum antiquum. See feudum antiquum under \nFEUDUM. \nfeodum apertum. See feudurn apertum under FEUDUM. \nfeodum laicum. Seefeudum laicum under FEUDUM. \nfeodum militis (fee-;)-dJm or fyoo-dam mil-a-tis). Hist. \nA knight's fee. Also termedfeodum militare. \nfeodum nobile (fee-J-d;)m or fyoo-dam noh-b<'l-lee). See \nfeudum nobile under FEUDUM. \nfeodum novum (fee-;)-d;)m or fyoo-d;)m noh-v;)m). See \nfeudum novum under FEUDUM. \nfeodum simplex (fee-a-d;)m or fyoo-d;lm sim-pleks). A \nfee simple. \nfeodum talliatum (fee-;)-d;)m or fyoo-d;lm tal-ee-ay\nt;)m). A fee tail. Also spelledfeudum talliatum. \nfeoff (fef or feef), vb. See ENFEOFF. \nfeoffamentum (fee-[;)]-f;)-men-tJm). [Law Latin] Hist. \nSee FEOFFMENT. \nfeoffare (fee-[;)]-fair-ee), vb. [Law Latin) Hist. See \nENFEOFF. \nfeoffator (fee-[;)]-fay-t;)r). [Law Latin] Hist. See \nFEOFFOR. \nfeoffatus (fee-[;)]-fay-t;)s). [Law Latin] Hist. See \nFEOFFEE. \nfeoffee (fef-ee or feef-ee). (ISc) The transferee ofan estate \nin fee simple; the recipient ofa fief. \nfeoffee to uses. Hist. A person to whom land is conveyed \nfor the use of a third party (called a cestui que use); \none who holds legal title to land for the benefit of \nanother. See CESTUI QUE USE; GRANT TO USES. Cf. \nTRUSTEE (I). \nfeoffer. See FEOFFOR. \n\n696 feoffment \nfeoffment (fef-mant or feef-mant). (I4c) Hist. 1. The act \nof conveying a freehold estate; a grant of land in fee \nsimple. -Also termed feoffment with livery ofseisin. \n2. The land so granted. 3. The charter that transfers the \nland. Also termed deed offeoffment. [Cases: Deeds \nfeoffment to uses. An enfeoffment of land to one person \nfor the use of a third party.  The feoffee was bound \nin conscience to hold the land according to the pre\nscribed use and could derive no benefit from the \nholding. \n\"Conveyances of freehold land could originally be made \nonly by a feoffment with livery of seisin. This was a solemn \nceremony carried out by the parties entering on the land, \nand the feoffor, in the presence of witnesses, delivering \nthe seisin to the feoffee either by some symbolic act, \nsuch as handing him a twig or sad of earth, or by uttering \nsome words such as 'Enter into this land and God give you \njoy' and leaving him in possession of the land.\" Robert E. \nMegarry & HW.R. Wade, The Law ofReal Property 47 (5th \ned,1984), \nfeoffment with livery ofseisin. See FEOFFMENT (1). \nfeoffor (fef-or feef-ar or -or). The transferor ofan estate \nin fee simple. Also spelled feoffer. \nfeorme (farm). Hist. A portion of the land's produce \nowed by the grantee to the lord according to the terms \nof a charter. \nferae bestiae (feer-ee bes-tee-ee). [Latin] Roman law. \nWild beasts . Since a wild animal belonged to no one \n(res nullius), its captor acquired ownership by occupa\ntio. See OCCIJPATIO. \nferae naturae (feer-ee m-tyoor-ee). [Latin \"of a wild \nnature\"]t. adj. (Of animals) wild; untamed; undomes\nticated. 2. n. Wild animals. See RULE OF CAPTURE (2). \nferal animal. See ANIMAL. \nFERC (brk). abbr. FEDERAl. ENERGY REGULATORY COM\nMISSION. \nFERC-out clause. Oil & gas. A provision in a contract to \nsell natural gas specifying that if a regulatory agency \ndoes not allow the price paid to the producer to be \npassed on to consumers, either the contract price will \nbe reduced accordingly or the contract will be termi\nnated. -Also termed regulatory-out clause. \nferdella terrae (far-del-a ter-ee). [Latin] His/. 1. Ten acres \nofland. 2. A yard-land (twenty acres). \nferdfare (fard-fair), n. [fr. Saxonfird \"military service\" + \nfare \"a going\"] Hist, 1. A summons to military service. \n2. An exemption from military service. -Also spelled \nfirdfare; fyrdfare. \nferdingus (far-ding-gds). Hist. A freeman of the lowest \nclass. \nFeres doctrine (feer-is or feer-eez or fer-ez). Torts. The \nrule that a member of the military is barred from \nrecovering damages from the United States on a claim \nbrought under the Federal Tort Claims Act for injuries \nsustained in military service. Feres v. United States, 340 \nU.S. 135,71 S.Ct. 153 (1950). -Also termed Feres rule. See ACTIVITY INCIDENT TO SERVICE. [Cases: United \nStates C=-78(16).] \nferia (feer-ee-a), n. [Law Latin] Hist. 1. A weekday. 2. \nA holiday. 3. See ferial day under DAY. 4. A fair. 5. A \nferry. \nferiae (feer-ee-I), n. pl. [Latin] Roman law. Religious and \npublic holidays on which Romans suspended politics \nand lawsuits, and on which slaves enjoyed a partial \nbreak from labor. \nferial day. See DAY. \nferlingum. See FURLONG. \nferlingus. See FURLONG. \nferm. See FARM. \nfermer. [Law French] Hist. 1. A lessee, esp. one who \nholds lands for agricultural purposes. 2. One who holds \nsomething (such as land or an incorporeal right) by \nthe term. \nFERPA. abbr. FAMILY EDUCATIONAL RIGHTS AND \nPRIVACY ACT. \nferriage (fer-ee-ij). (14c) Hist. The toll or fare paid for \nthe transportation of persons or property on a ferry. \n[Cases: Ferries C=-31.] \nferry, n. (bef. 12c) 1. A boat or vessel used to carry \npersons or property across water, usu. with fixed ter\nminals and short distances. [Cases: Ferries C=-2.] 2. \n1he commercial transportation ofpersons or property \nacross water. [Cases: Ferries 3. The place where a \nferry passes across water, including the continuation of \nthe highway on both sides ofthe water. [Cases: Ferries \nC=-3.] 4. The right, usu. exclusive, given by govern\nment franchise, to carry persons or property across \nwater for a fee. Also termed ferry franchise. [Cases: \nFerries \nferry, vb. To carry persons or property, usu. across water, \nfora fee. \nferry franchise. See FERRY (4). \n"}
{"text": "persons or property, usu. across water, \nfora fee. \nferry franchise. See FERRY (4). \nfertile-octogenarian rule. (1856) The legal fiction, \nassumed under the rule against perpetuities, that a \nwoman can become pregnant as long as she is alive . \nThe case that gave rise to this fiction was lee v. Audley, \n1 Cox 324, 29 Eng. Rep. 1186 (ch. 1787). See W. Barton \nLeach, Perpetuities: New Hampshire Defertilizes Octo\ngenarians, 77 Rarv. 1. Rev. 729 (1963). -Also termed \npresumption-ai-fertility rule. \n\"Suppose testator bequeaths in trust to pay the income to \nA for her life, then to pay the income to the children of A \nfor their lives, and upon the death of the survivor of such \nchildren, to pay the principal to the grandchildren of A. At \nthe time of the testator's death A is 79 years old, and she \nhas two children. Believe it or not, it has been held that \nthe remainder to the grandchildren of A is violative of the \nrule against perpetuities and invalid. The law adopted the \nconclusive presumption that every person is capable of \nhaving children until the day he or she dies, as far as the \nrule against perpetuities is concerned. Consequently, A \ncould have an additional child who would not be a life in \nbeing at the testator's death, and that child could have a \nchild who would be born beyond the permissible period. \nThe result of this hypothesis is to invalidate the remainder \n\n697 feud \nto the grandchildren. This situation is sometimes referred \nto as the case of the 'fertile octogenarian: Remember that \nthe class gift is invalid if it is possible that the interest of \nanyone member of the class can violate the rule.\" Thomas \nF. Bergin & Paul G. Haskell, Preface to Estates in Land and \nFuture Interests 188 (2d ed. 1984). \nfesting-man. Hist. A bondsman; a surety. See FRANK\nPLEDGE. \nfesting-penny. Hist. Earnest, or payment, given to a \nservant when hired. \nfestinum remedium (fes-tI-n;lm ri-mee-dee-;lm). [Latin] \nHist. A speedy remedy . It was used in cases, such as \nactions for dower or assize, where the redress ofinjury \nwas given without unnecessary delay. \nFesto doctrine. (2003) Patents. The rule that the vol\nuntary narrowing of a patent claim may give rise to \nprosecution-history estoppel. Festo Corp. v. Shoketsu \nKinzoku Kogyo Kabushiki Co., 304 F.3d 1289 (Fed. Cir. \n2003). [Cases: Patents (;::=c 168(2.2).] \nfestuca (fes-tyoo-b). Hist. A rod, staff, or stick used as \na pledge (or gage) ofgood faith by a party to a contract \nor as a token of conveyance ofland. In Roman law, \na festuca was a symbol of ownership. Also termed \nfistuca; vindicta. See LIVERY OF SEISIN. \n\"The wed or gage, however, was capable of becoming \na symbol; an object which intrinsically was of trifling \nvalue might be given and might serve to bind a contract. \nAmong the Franks, whom we must regard as being for \nmany purposes our ancestors in law, it took the shape of \nthe festuca. Whether this transition from the 'real' to the \n'formal' can be accomplished without the intervention of \nsacral ceremonies seems doubtful. There are some who \nregard the festuca as a stout staff which has taken the \nplace of a spear and is a symbol of physical power. Others \nsee in it a little bit of stick on which imprecatory runes \nhave been cut. It is hard to decide such questions, for, \nespecially under the influence of a new religion, symbols \nlose their old meanings and are mixed up. Popular etymol \nogy confounds confusion.\" 2 Frederick Pollock & Frederic \nW. Maitland, The History ofEnglish Law Before the Time of \nEdward 1186 (2d ed. 1899). \nfestum (fes-t\"m). [Latin] A feast-day, holiday, or \nfestival. \nfetal alcohol syndrome. A variety of birth defects caused \nby the mother's alcohol consumption during preg\nnancy. The birth defects include facial abnormalities, \nmental retardation, and growth deficiencies. -Abbr. \nFAS. [Cases: Infants C::-'156, 179.] \nfetiales (fee-shee-ay-leez), n. pl. Roman law. The order \nof priests whose duties concerned international rela\ntions and treaties, including the declaration of war and \npeace. Also spelled feciales. \n\"Feciales [were] ... priests among the Romans, Etruscans, \nand other ancient nations ofItaly, who acted as heralds \nof peace and war. Their persons were sacred from injury \nwhen engaged on any mission to a hostile state, as the \npersons ofambassadors, and messengers, under a flag \nof truce, are inviolate in the present time. Their duties \nin some few particulars resembled those of the heralds \nof the Middle Ages. The Roman feciales ... formed a \nkind of college of heralds, instituted by Numa Pompil\nius, the second king of Rome, about 710 B.C\" Beeton's Illustrated Dictionary ofReligion, Philosophy, Politics, \nand Law 240 (ca. 1880). \nfetiallaw (fee-sh;JI). (I6c) Roman law. A branch oflaw \nconcerned with matters (such as treaties, embassies, \nand war declarations) affecting relations between \npeoples or nations. Also spelled feciallaw. Also \ntermed jus fetiale. \nfeticide (fee-t;J-sld). (1842) 1. The act or an instance of \nkilling a fetus, usu. by assaulting and battering the \nmother; esp., the act of unlawfully causing the death \nof a fetus. 2. An intentionally induced miscarriage. \nAlso spelled foeticide. Also termed child destruction. \nCf. INFANTICIDE (1). feticidal, adj. \nfetter, n. (usu. pl.) (bef. 12c) A chain or shackle for the \nfeet fetter, vb. \nfettering of property. The act of making the disposi\ntion or ownership of property more complex so that \nthose with separate interests must cooperate if they \nare to handle their interests reasonably . Fettering of \nproperty occurs whenever ownership is split into two \nor more interests, as when present and future interests \nare divided or when a tenancy in common is created. \n[Cases: Perpetuities \nfetus. (14c) A developing but unborn mammal, esp. in the \nlatter stages of development. -Also spelled foetus. Cf. \nEMBRYO; ZYGOTE. [Cases: Abortion and Birth Control \n(;::=c 106.J \nfeu (fyoo), n. [fro Law Latinfeudum \"a fee\"] (ISc) 1. A \nright to land given to a person in exchange for service \nto be performed. 2. Scots law. Land held by a vassal \nin return for an annual payment in money, crops, or \nservices(called feu duty) .  This type of tenure was abol\nished in Scotland in 2000. 3. Scots law. A perpetual \ngrant ofland to be held in exchange for grain or money. \n4. A perpetual lease for a fixed rent. 5. A piece of land \nheld under a perpetual lease for a fixed rent. Also \nspelledfew. See FEE (2). feu, vb. -feu, adj. \n\"Feu; in Latin feudum, was used to denote the feudal-hold \ning, where the service was purely military; but the term has \nbeen used in Scotland in contradistinction to ward-holding, \nthe military tenure of this country ... for, even in the purest \nages of the military system, innumerable instances are to \nbe found of grants of land in the feudal form, where the \nvassal annually delivered Victual, or performed agricultural \nservices to his superior,\" William Bell, Bell's Dictionary and \nDigest ofthe Law ofScotland 456 (George Watson ed., 7th \ned.1890). \nfeu, vb. Scots law. To grant (land) by feu. \nfeu annual. Scots law. The yearly return generated by \na feu. \nfeuar (fyoo-;Jr), n. (16c) Scots law. One who holds a feu. cr FEU; VASSAL. \nfeu charter. Scots law. The charter creating a feu \ntenure. \nfeud, n. (I5c) Hist. 1. A heritable estate in land conveyed \nfrom a feudal superior to a grantee or tenant, held on \nthe condition of rendering services to the superior. \n\"It is believed that the forms feud and fiefappear in England \nbut late in the day under the influence of foreign books; \n\nfeudal 698 \nthey never became terms of our law. It is noticeable also \nthat feodum was constantly used in the sense that our fee \nhas when we speak of a lawyer's or doctor's fee; payments \ndue for services rendered, at least if they are permanent \nperiodic payments, are feoda; the judges, for example, \nreceive feoda, not salaries. The etymological problem pre\nsented by the English fee seems no easy one, because at \nthe Conquest the would-be Latin feodum or feudum (the \nd in which has puzzled philologists and does not always \nappear in Domesday Book) is introduced among a people \nwhich already has feoh as a word for property in general \nand cattle in particular.\" 2 Frederick Pollock & Frederic W. \nMaitland, The History of English Law Before the Time of \nEdward 1236 n.2 (2d ed. 1899). \nimpartible feud. An indivisible feud; a feud not subject \nto partition. See feudum individuum under FEUD. \nimproper feud. A nonmilitary feud; a feud that is base \nor servile in nature. \n\"These were the principal, and very Simple, qualities of \nthe genuine or original feuds; being then all of a military \nnature, and in the hands of military persons: though the \nfeudatories, being under frequent incapaCities of cultivat\ning and manuring their own lands, soon found it necessary \nto commit part of them to inferior tenants.. . But this at \nthe same time demolished the ancient simplicity of feuds; \nand an inroad being once made upon their constitution, it \nsubjected them, in a course of time, to great varieties and \ninnovations. Feuds came to be bought and sold, and devia\ntions were made from the old fundamental rules of tenure \nand succession; which were held no longer sacred, when \nthe feuds themselves no longer continued to be purely \nmilitary. Hence these tenures began now to be divided \ninto feoda propria et impropria, proper and improper \nfeuds ....\" 2 William Blackstone, Commentaries on the \nLaws of England 57-58 (1766). \nproper feud. A feud based on military service. \n2. The interest of the tenant in the land conveyed. 3. \nThe land itself conveyed. -Also termed (in senses 1, \n2 & 3) fee;fief;feod;feude;feudum. 4. An enmity or \nprivate war existing between families or dans, esp. as \na result ofa murder. \n\"Where wrong done to an individual is not regarded as \nan injury to the entire tribe, the wrongdoer is out of the \npeace only as regards the wronged party and his kin. The \nsituation created by such wrongful deed is feud (Anglo \nSaxon foehth, Latin (aida). The root meaning of the word \nis 'hatred.' Feud is legally sanctioned hostility. The recog\nnition of feud by the law is found in the fact that revenge \ntaken in lawful feud is not a breach of the peace. It is not \na wrongful deed. It furnishes no basis for any claim for \nfine or punishment. The man slain in lawful feud is not \nto be avenged nor has compensation to be paid for his \nslaying.\" Munroe Smith, The Development ofEuropean Law \n29 (1928). \nblood feud. A state of hostility between fa mil ies in \nwhich one family seeks to avenge the killing of one of \nits members by killing a member of the other family. \nSee VE~DETTA. \n\"AngloSaxon polity preserved, even down to the Norman \nConquest, many traces of a time when kinship was the \nstrongest of all bonds. Such a stage of society, we hardly \nneed add, is not confined to anyone region of the world \nor anyone race of men .... When it puts on the face of \nstrife between hostile kindreds, it is shown in the war of \ntribal factions, and more specifically in the blood-feud. A \nman's kindred are his avengers; and, as It is their right and \nhonour to avenge him, so it is their duty to make amends \nfor his misdeeds, or else maintain his cause in fight. Step \nby step, as the power of the State waxes, the self-centred and self-helping autonomy of the kindred wanes. Private \nfeud is controlled, regulated, put, one may say, into legal \nharness; the avenging and the protecting clan on the slain \nand the slayer are made pledges and auxiliaries of public \njustice.\" 1 Frederick Pollock & Frederic W. Maitland, The \nHistory of English Law Before the Time of Edward I 31 (2d \ned.1898). \nfeudal, adj. 07c) 1. Of, relating to, or growing out of \nfeudalism <feudal law>. 2. Of or relating to a feud \n<feudal tenure>. Also spelled (archaically) feodal. \nCf. ALLODIAL. \nfeudal action. Hist. A real action; an action that con\ncerned only real property. \nfeudalism (fyood-al-iz-am). (19c) L A landholding \nsystem, particularly applying to medieval Europe, in \nwhich all are bound by their status in a hierarchy of \nreciprocal obligations of service and defense. -The \nlord was obligated to give the vassal (1) some land, (2) \nprotection, and (3) justice. The lord guaranteed the \nquiet occupation of the land by the vassal and guar\nanteed to do right if the vassal became involved in a \ndisput"}
{"text": "iet occupation of the land by the vassal and guar\nanteed to do right if the vassal became involved in a \ndispute. In return, the vassal owed the lord some type of \nservice, called \"tenure\" (literally \"means ofholding\"), \nbecause the different types of service were the methods \nby which the vassals held the property. 2. The social, \npolitical, and economic system ofmedieval Europe. \nAlso termed feudal system;feodal system. -feudalis\ntic, adj. \n'What do we mean by feudalism? Some such answer as the \nfollowing is the best that I can give - A state of society \nin which the main social bond is the relation between lord \nand man, a relation implying on the lord's part protec\ntion and defence; on the man's part protection, service \nand reverence, the service including service in arms. This \npersonal relation is inseparably involved in a proprietary \nrelation, the tenure of land the man holds land of the \nlord, the man's service is a burden on the land. the lord \nhas important rights in the land, and (we may say) the full \nownership of the land is split up between man and lord.\" \nFW. Maitland, The Constitutional History of England 143 \n(1908; repro 1955). \n\"Modern historical research has taught us that, while it is a \nmistake to speak of a feudal system, the word 'feudalism' \nis a convenient way of referring to certain fundamental \nsimilarities which, in spite of large local variations, can be \ndiscerned in the social development of all the peoples of \nwestern Europe from about the ninth to the thirteenth cen \nturies.\" J.L. Brierly, The Law of Nations 2 (5th ed. 1955). \nfeudal law. Rist. Ihe real-property law ofland tenures \nthat prevailed in England, esp. after the Norman \nConquest. See FEUDARUM CONSUETUDINES. \nfeudal system. See FEUDALISM. \nfeuda pecuniae (fyoo-dG pi-kyoo-nee-ee). [Law Latin] \nHist. A heritable right to money. \nfeudarum consuetudines (fyoo-dair-Gm kon-swa-t[y] \noo-da-neez). [Latin] The customs of feuds. -This \nwas the name of a compilation of feudal laws and \ncustoms made in 12th-century Milan. It is regarded as \nan authoritative work in continental Europe. Also \nspelledfeodarum consuetudines. \nfeudary. See FEUDATORY. \n\n699 \nfeudatory, adj. (16c) Hist. (Of a vassal) owing feudal alle\ngiance to a lord. \nfeudatory, n. (l7c) Hist. The grantee ofa feud; the vassal \nor tenant who held an estate by feudal service. -Also \ntermed feudary; feodato ry. \n\"Every receiver of lands, or feudatory, was therefore bound, \nwhen called upon by his benefactor, or immediate lord of \nhis feud or fee, to do all in his power to defend him.\" 2 \nWilliam Blackstone, Commentaries on the Laws ofEngland \n46 (1766). \nfeude. See FEUD. \nfeudee (fyoo-dee), n. Hist. The grantee ofa feud; a feudal \ntenant. \nfeudist. (17c) A writer on feuds (for example, Cujacius, \nSpelman, Craig). \nFeudorum Libri (fyoo-dor-~m h-bn). [Latin \"the books \nof the feuds\"] Hist. The Books of Feuds, a five-book com\npilation of Lombardic feudal law published in Milan \naround 1152, during the reign of Henry III.  This \nunofficial compilation was the main source of tenure \nlaw among the nations in Europe. It was widely used in \nmedieval law schools and courts in Italy, France, and \nGermany. The Feudorum Libri were probably known \nin England but had little effect other than influencing \nEnglish lawyers to study their own tenure system more \ncritically. Also termed Consuetudines Feudorum; \nUsus Feudorum. \nfeudum (fyoo-d~m). [Law Latin] A fief or feud; a \nfeodum. Also termedfeodum;feum. Pl.feuda (fyoo\nda). See FE'UD (1)-(3); FIEF; FEE (2). \n'The Latin equivalent of feodum or feudum is the root of \nthe words 'feudal' and 'subinfeudation'. The French form \nfief is favoured by some English historians, but it was not \nused in law-French:' J.H. Baker, An Introduction to English \nLegal History 256 n.4 (3d ed. 1990). \nfeudum antiquum (fyoo-dam an-tI-kwam), n. [Law \nLatin \"ancient feud\"] Hist. 1. A feud that passed to a \nvassal from an intestate ancestor. 2. A feud that ances\ntors had possessed for more than four generations. 3. \nAn ancient feud. PLfeuda antiqua (fyoo-d~ an-tl\nkwa). -Also termedfeodum antiquum (fee-a-dam \nor fyoo-dilm). See FEUD (1). \nfeudum apertum (fyoo-dam a-pilr-tam). Hist. A feud \nthat reverted to the lord because of a tenant's failure \nofissue, a crime by the tenant, or some other legal \ncause. -Also termedfeodum apertum. \nfeudum burgale (fyoo-dam bar-gay-Iee). [Law Latin] \nHist. Land held feudally by burgage tenure -that is, \ntenure given in exchange for a tenant's watching and \nwarding in a burgh. See WATCH AND WARD. \nfeudum ex camera aut caverna (fyoo-dilm eks \nkam-ar-a awt b-vilr-nil). [Law Latin \"feu from a \nroom or hole\"] Hist. An annual gift of money, grain, \nor other items to a descrving person, esp. a soldier. \nfeudum francum (fyoo-dam frangk-ilm). Hist. A free \nfeud; a feud or fee that was noble and free from talliage \nand subsidies that vulgar feuds (plebeia feuda) were \nsubject to. feudum \nfeudum hauberticum (fyoo-dilm haw-bilr-til-bm). \nHist. A feud that was held on the military service of \nappearing fully armed when summoned by the lord. \nSee ARRIERE-BAN. \nfeudum improprium (fyoo-dilm im-proh-pree-<lm). \nHist. A feud that was improper. \nfeudum individuum (fyoo-d~m in-da-vij-oo-<lm). Hist. \nA feud that was indivisible and descendible only to \nthe eldest son. \nfeudum laicum (fyoo-dilm laY-il-bm). Hist. A lay \nfeud. -Also termedfeodum laicum. \nfeudum ligium (fyoo-dam lij-ee-<lm). Hist. 1. A liege \nfeud; a feud held immediately of the sovereign. 2. \nA feud for which the vassal owed fealty to his lord \nagainst all other persons. \nfeudum maternum (fyoo-dam ma-tilr-n<lm). Hist. \nA feud that descended to the feudatory from the \nmaternal side. \nfeudum militare (fyoo-d~m mil-<l-tair-ee). Hist. A \nknight's feud . It was held by knight-service and \nesteemed the most honorable species of tenure. \nAlso termed feodum militis; (in Norman law) fief \nd'haubert or fiefd'hauberk. \nfeudum nobile (fyoo-dam noh-ba-Iee). Hist. A feud \nfor which the tenant did guard and owed fealty and \nhomage. -Also termed feodum nobile. \nfeudum novum (fyoo-d~m noh-vam). [Law Latin] Hist. \nA new fee; a fee that began with the person of the \nfeudatory, and that was not acquired by succession. \nAlso spelled feodum novum. \n\"For if the feud, of which the son died seised, was really \nfeudum antiquum, or one descended to him from his ances\ntors, the father could not possibly succeed to it, because it \nmust have passed him in the course of descent, before it \ncould come to the son .... And if it were feudum novum, or \none newly acquired by the son, then only the descendants \nfrom the body of the feudatory himself could succeed, \nby the known maxim of the early feodal constitutions ... \nwhich was founded as well upon the personal merit of the \nvassal, which might be transmitted to his children but could \nnot ascend to his progenitors ... :. 2 William Blackstone, \nCommentaries on the Laws of England 21 1-1 2 (1766). \nfeudum novum ut antiquum (fyoo-dam noh-vdm ilt \nan-tr-kwam). Hist. A new feud held with the qualities \nof an ancient teud. \nfeudum paternum (fyoo-dam pa-tilr-ndm). Hist. 1. A \nfeud that the tenant's paternal ancestors had held for \nfour generations. 2. A feud descendible only to the \nheirs on the paternal side. 3. A feud that could be held \nonly by males. \nfeudum proprium (fyoo-d~m proh-pree-dm). Hist. An \noriginal feud that is military in nature and held by \nmilitary service. \nfeudum rectum (fyoo-ddm rek-t<lm). [Law Latin] Hist. \nLands held by military tenure. \nfeudum simplex (fyoo-dilm sim-pleks). [Law Latin] \nHist. FEE SIMPLE. \n\n700 feu duty \nfeudum talliatum (fyoo-dam tal-ee-ay-tam). See PEE \nTAIL. \nfeu duty. Scots law. The annual rent paid by the tenant of \na feu. -Also termed ground annual. \nfeu farm. Scots law. A tenure ofland held in exchange \nfor a specified annual payment (called feu duty). _ This \ntype of tenure was converted to a freehold in 2000. \nAlso termedfeu tenure. See FEl: DUTY. \nfeuholding (fyoo-hohl-ding). Hist. A tenancy held \nby rendering produce or money instead of military \nservice. -Also writtenfeu holding. \nfeum. See FEUDUM. \nfeu tenure. See FEU FARM. \nfew. See FEU. \nff. abbr. 1. And the pages following. 2. (often cap.) FRAG\nMENTA. \nFGA. abbr. 1. Free from general average. 2. Foreign \ngeneral average. \n'F.C.A. means Foreign General Average, and implies that, \nif goods become liable to general average, the rules to be \napplied will be those of the port of destination or refuge, \nLe., the law of the place where the adjustment is made.\" 2 \nE.W. Chance, Principles ofMercantile Law 128 (PW. French \ned., 10th ed, 1951). \nFGM. abbr. FEMALE GENITAL MUTILATION. \nFHA. abbr, 1. FARMERS HOME ADMINISTRATION. 2. \nFEDERAL HOUSING ADMINISTRATION. \nFHA mortgage. See MORTGAGE. \nFHEO. abbr. OFFICE OF FAIR HOUSING AND EQUAL \nOPPORTUNITY. \nFHLB. abbr. FEDERAL HOME LOAN BANK. \nFHLBB. abbr. FEDERAl. HOME LOAN BANK BOARD. \nFHLMC. abbr. FEDERAL HOME LOAN MORTGAGE COR\nPORATION. \nFHWA. abbr. FEDERAL HIGHWAY ADMINISTRATION. \nfiancer (fyahn-say), vb. [Law French) To pledge one's \nfaith. \nfiant, n. (16c) Hisl. 1. A decree; commission. 2. A warrant \nto the Chancery ofIreland for a grant under the great \nseal. \nfiar, n. Scots law. One who holds an estate in fee, in \ncontrast to a liferenter. \nfiat (fee-aht or fee-at or fI-at or fI-at), n. [Latin \"let it be \ndone\") 07c) 1. An order or decree, esp. an arbitrary one \n<judicial fiat>. 2. A court decree, esp. one relating to a \nroutine matter such as scheduling <the court requires \nall motions to contain a fiat -to be filled in by the \ncourt -setting the hearing date>. -Also termed \nfiaunt. \nfiat justitia (fI-at jCls-tish-ee-a). [Latin] Hist. Let justice \nbe done. _ This phrase signaled the Crown's commis\nsion to the House ofLords to hear an appeal. \n\"Fiat justitia, ruat coelum, says another maxim, as full of \nextravagance as it is of harmony: Go heaven to wreck so \njustice be but done: and what is the ruin of kingdoms, in comparison of the wreck of heaven?\" Jeremy Bentham, \nAn Introduction to the Principles of Morals and Legislation \n13-14 n.1 (1823). \nfiat money. See MONEY. \nfiat ut petitur (fI-at CIt pet-a-tar). [Latin] Let it be done as \nit is asked. -An order granting a petition. \nfiaunt. See FIAT. \nFICA (fl-b). abbr. FEDERAL INSLRANCE CONTRIBUTIONS \nACT. \nfickle-fiduciary rule. The principle that a partner or \nemployee who breaches a fidUciary duty should forfeit \nall compensation, bonuses, and other benefits received \nfor as long as the breach continues. -The rule usu. \napplies to a person who engages in or assists a com\npeting business, or resigns from employment to set up \nor work for a competing business. Traditionally, miti\ngating factors, including the absence of harm to the \nemployer or partnership, are not considered in applying \nthe rule. But some courts have found that if a strict \napplication would produce un"}
{"text": "employer or partnership, are not considered in applying \nthe rule. But some courts have found that if a strict \napplication would produce unjustly harsh results, miti\ngating factors must be weighed. \nficta traditio (fik-ta tra-dish-ee-oh). [Latin] Scots law. A \nfictitious delivery. _ The phrase invoked the rule that \nif the parties so intended, an item could be treated as \nhaving been delivered to a buyer in possession of it \nwithout the need for physical transfer. -Also termed \nfictio brevis manus. \nfictio (fik-shee-oh), n. [Latin fr. fingere \"to feign\"] Roman \nlaw. A legal fiction; a legal assumption or supposition \n(such as that the plaintjffwas a citizen) necessary to \nachieve certain legal results that otherwise would not be \nobtained. _ Legal fictions allowed Roman magistrates \n(praetors) to expand the law beyond what was strictly \nallowed by the jus civile, This practice also occurred \nin English law -for example, the action of common \nrecovery, which allowed a landowner to convey land \nthat by law could not be alienated (such as land held in \nfee tail). PI. fictiones (fik-shee-oh-neez). \nfictio brevis manus (fik-shee-oh bree-vis may-nas). [Law \nLatin) FleTA TRADITIO. \nfictio juris. See LEGAL FICTION. \nfiction. See LEGAL FICTION. \nfictional action. See collusive action under ACTION (4). \nfiction oflaw. See LEGAL FICTION. \nfictitious, adj, (17c) Ofor relating to a fiction, esp. a legal \nfiction. \nfictitious action. See ACTION (4). \nfictitious issue. See FEIG~ED ISSl:E. \nfictitious name. 1. See ASSUMED NAME. 2. See ALIAS (1). \n3. See JOHN DOE, \nfictitious party. See PARTY (2). \nfictitious-payee rule. Commercial law, The principle that \nifa drawer or maker issues commercial paper to a payee \nwhom the drawer or maker does not actually intend to \nhave any interest in the instrument, an ensuing forgery \n\n701 \nofthe payee's name will be effective to pass good title to \nlater transferees. -Also termed padded-payroll rule. \n[Cases: Banks and Banking (;::::c 148, 174; Bills and \nNotes \nfictitious person. See artificial person under PERSON (3). \nfictitious promise. See implied promise under \nPROMISE. \nfictitious seisin. See seisin in law under SEISIN. \nfide-committee. A beneficiary; CESTUI QUE TRUST. \nAlso termed fidei-commissarius. \n\"In a particular case, a cestuy que trust is called by the \nRoman law, fideicommissarius. In imitation of this, I have \nseen him somewhere or other called in English a fide-com\nmittee. This term, however, seems not very expressive. \nA fide-committee, or, as it should have been, a fidei\ncommittee, seems, literally speaking, to mean one who is \ncommitted to the good faith of another.\" Jeremy Bentham, \nAn Introduction to the Principles of Morals and Legislation \n226 n.l (1823). \nfideicomiso (fee-day-koh-mee-soh). Mexican law. A \ntrust; esp., a trust that is established for the purpose of \nacquiring property in Mexico with a Mexican bank as \ntrustee and a non-Mexican (who may be the settlor) as \nbeneficiary. _ The property is held in the name of the \ntrust, but the beneficiary has all the rights and obliga\ntions ofdirect ownership, including the power to lease, \nsell, or devise the property. A Mexican fideicomiso usu. \nlasts 50 years and can be renewed for 50 more. Cf. FIDE\nICOMMISSUM. \nfidei-commissarius. See CESTUI QUE TRUST. \nfidei-commissary (fI-dee-I kom-<l-ser-ee). See CESTUI \nQUE TRUST. \nfideicommissary heir. See HEIR. \nfideicommissary substitution. 1. SUBSTITUTION (6). 2. \nSUBSTITUTION (7). \nfideicommissum (fI-dee-I-ka-mis-am). [Latin] (I8c) 1. \nRoman law. A direction to an heir asking the heir as \na matter of good faith to give some part of the inheri\ntance, such as a particular object, or all the inheritance, \nto a third party. - Afideicommissum was a device to \novercome some of the technicalities of the Roman \nwilL Originally it created a mere moral obligation, but \nAugustus made it enforceable by legal process. 2. Roman \n& civil law. An arrangement similar to a trust by which \na testator gave property to a person for the benefit of \nanother who could not, by law, inherit property. -Over \ntime, this device was used to tie up property for gen\nerations, and most civil jurisdictions now prohibit or \nlimit it. For example, in Louisiana, an arrangement in \nwhich one person bequeaths property to a second with a \ncharge to preserve it and, at death, to restore it to a third \nperson is a prohibited fideicommissum. -Sometimes \nspelled fidei-commissum. Pl. fideicommissa. \n\"The many formalities with regard to the institution of \nheirs and the bequest of legacies, coupled With the fact \nthat many persons, e.g. peregrini, were incapable of being \ninstituted heirs, or of being given a legacy, led, in the late \nRepublic, to testators leaving directions to their heirs in \nfavour of given individuals, which, though not binding at \nlaw, they hoped their heirs would, in honour, feel bound fidem facere judici \nto carry out. The beginning of fideicommissa, therefore, \nwas very like the early practice with regard to trusts in \nEnglish law, and, as in the case of trusts, a time came when \ntrusts were made binding legally as well as morally.... For \nbrevity, the fideicommissum will here be called 'the trust', \nthe person upon whom it was imposed (fiduciarius) 'the \ntrustee', and the person in whose favour it was imposed \n(fideicommissarius) 'the beneficiary'.\" RW. Leage, Roman \nPrivate Law 252 (c.H. Ziegler ed., 2d ed. 1930). \nfidejubere (fI-dee-ya-beer-ee), vb. [Latin] Roman law. \nTo become a surety. _ Forms ofthis word were spoken \nby the parties to a stipulatio that bound one party to \nbecome a surety for the other; the first party asked, \n\"Do you pledge yourself?\" (\"fidejubesne?\"), and the \nsecond responded, \"I do pledge myself\" Cfidejubeo\"). \nSee STIPULATIO. \nfidejussion (f1-di-jash-an). [fro Latin fidejussiO] (16c) \nRoman law. An act by which a person becomes an \nadditional security for another. _ The act does not \nremove the principal's liability but only adds to the \nsurety's security. FidejUSSion was one ofthe three types \nof adpromission, and the only type remaining in Jus\ntinian's law. -Also spelledfidejussio;fideiussio. See \nADPROMISSION (1). -fidejussionary, adj. \nfidejussor (fI-dee-jas-or or -jas-;)r). (16c) 1. Roman law. \n(ital.) A guarantor; a person who binds himself to pay \nanother's debt. 2. Hist.lvlaritime law. A person who acts \nas bail for a defendant in the Court of Admiralty. \nAlso spelled fidejussor. Cf. ADPROMISSOR. fidejus\nsory, adj. \n\"The proceedings of the court of admiralty bear much \nresemblance to those of the civil law, but are not entirely \nfounded thereon; and they likewise adopt and make use of \nother laws, as occasion requires; such as the Rhodian law, \nand the laws of Oleron. For the law of England, as has fre\nquently been observed, doth not acknowledge or pay any \ndeference to the civil law considered as such; but merely \npermits its use in such cases where it judged its determi\nnations equitable, and therefore blends it, in the present \ninstance, with other marine laws .... The first process \nin these courts is frequently by arrest of the defendant's \nperson; and they also take recognizances or stipulation \nof certain fidejussors in the nature of bail, and in case of \ndefault may imprison both them and their principal.\" 3 \nWilliam Blackstone. Commentaries on the Laws ofEng/and \n108-09 (1768). \nfidelitas (fi-del-<l-tas). [Latin \"fidelity\"] See FEALTY. \nfidelitatis sacramentum (fi-del-i-tay-tis sak-ra-men\nt<lm). [Law Latin] Hist. The oath offealty that a vassal \nowed to a lord. \nfidelity and guaranty insurance. See fidelity insurance \nunder INSURANCE. \nfidelity bond. See BOND (2). \nfidelity guaranty insurance. See fidelity insurance under \nINSURANCE. \nfidelity insurance. See INSURANCE. \nfidem facerejudici (fI-d;:lm fay-sa-ree joo-di-SI). [Latin] \nHist. To convince the judge. -1he phrase appeared \nin reference to the introduction ofevidence to prove \na case. \n\n702 fidem mentir; \nfidem mentiri (fI-d<}m men-tI-rI). [Latin] Hist. To betray \nfaith or fealty. The term refers to a feudal tenant who \ndid not keep'the fealty sworn to the lord. \nfidepromission (fI-dee-proh-mish-;m), n. [Latin \"faith\npromise\"] (19c) Roman law. A contract ofguaranty by \nstipulation. Fidepromission was one ofthe three types \nof adpromission. See ADPROMISSION (1); STIPULATION \n(3). -fidepromissor, n. \nfides (fI-deez). [Latin] Faith. \nfides facta (fI-deez fak-td). [Latin] Hist. Faith-making; \nfaith-pledging . Among the Franks and Lombards, \ncertain transactions were guaranteed by symbolic, \nformal acts making one's faith such as the giving \nof a rod when property was transferred. See FESTUCA. \nfiducia (fi-d[y]oo-shee-<}), n. [Latin \"an entrusting\"] \nRoman law. An early form of transfer of title by way \nof mortgage, deposit, etc., with a provision for recon\nveyance upon payment of the debt, termination of the \ndeposit, etc. \n'The Roman mortgage (fiducia) fell wholly out of use before \nthe time ofJustinian, having been displaced by the superior \nsimplicity and convenience of the hypotheca; and in this \nrespect modern Continental law has followed the Roman.\" \nJohn Salmond. Jurisprudence 443 (Glanville L. Williams ed., \n10th ed. 1947). \nfiducial, adj. (l6c) Of, relating to, or characterized by \nconfidence in and reliance on another person or thing \n<there must be a fiducial bond between a patient and a \ndoctor>. [Cases: Fraud C==>7; Health C==>578.] \nfiducial relationship. See trust relationship under RELA\nTIONSHIP. \nfiduciarius heres (fi-d[y]oo-shee-air-ee-<}s heer-eez). \n[Latin \"fiduciary heir\"] Roman law. A person formally \nnamed an heir in a testament, but in a fiduciary \ncapacity, and charged to deliver the succession to the \nperson designated by the testament. \nfiduciarius tutor (fi-d[y]oo-shee-air-ee-ds t[y]oo-tdr). \nRoman law. A fiduciary guardian; a person who by ful\nfilling a trust to free someone in power became his or \nher guardian. \nfiduciary (fi-d[y]oo-shee-er-ee), n. (17c) 1. A person who \nis required to act for the benefit of another person on \nall matters within the scope of their relationship; one \nwho owes to another the duties of good faith, trust, \nconfidence, and candor <the corporate officer is a fidu\nciary to the corporation>. 2. One who must exercise a \nhigh standard ofcare in managing another's money or \nproperty <the beneficiary sued the fiduciary for invest\ning in speculative securities>. fiduciary, adj. [Cases: \nFraud C==>7.] \n\"'FidUCiary' is a vague term, and it has been pressed into \nservice for a number of ends.... My view is that the term \n'fiduciary' is so vague that plaintiffs have been able to \nclaim that fiduciary obligations have been breached when \nin fact the particular defendant was not a fiduciary stricto \nsensu but simply had withheld property from the plaintiff \nin an unconscionable manner.\" D.W.M. Waters, The Con\nstructive Trust 4 (1964). dilatory fiduciary (dil-d-tor-ee). A trustee or other \nfiduciary who is unreasonably slow in administer\ning an estate. \nsuccessor fiduciary. A fidUciary who is appointed to \nsucceed or replace a prior one. \ntemporary fiduciary. An interim fiduciary appointed by \nthe court until a regular fidUciary can be appointed. \nfiduciary bond. See BOND (2). \nfiduciary contract. Hist. An agreement by which one \nparty delivers something to another on condition that \nthe second party will return the thing to the first. \nfiduciary debt. A debt founded on or arising from a fidu\nciary relationship, rather than from a solely contractual \nrelationship. \nfiduciary duty. See DUTY (2). \nfiduciary heir. See HEIR. \nfiduciary-out clause. Mergers & acquisitions. A merger\nagreement provision that allows the target corpora\ntion to terminate the agreement without"}
{"text": "-out clause. Mergers & acquisitions. A merger\nagreement provision that allows the target corpora\ntion to terminate the agreement without committing \na breach if a specified condition occurs . The most \ncommon condition is the receipt of a more favorable \noffer, but other conditions may also be specified. [Cases: \nCorporations C==>S82.] \nfiduciary relationship. See RELATIONSHIP. \nfiduciary-shield doctrine. Corporations. The principle \nthat a corporate officer's act cannot be the basis for \njurisdiction over the officer in an individual capacity. \n[Cases: Courts C==> 12(2,20); Federal Courts C==> \n76.20.] \nfief (feef), n. 1. See FEE. 2. See FEUD Metaphorically, \nthe term refers to an area of dominion, esp. in a corpo\nrate or governmental bureaucracy. \nfief d'hauberk (feef doh-bairk). See feudum militare \nunder FEUDUM. \nfiefd'haubert. See feudum militare under FEUDUM. \nfief-tenant. Hist. The holder of a fief or fee; a feeholder \nor freeholder. \nfield audit. See AUDIT. \nfield book. A log or book containing a surveyor's notes \nthat are made on-site and that describe by course and \ndistance the running of the property lines and the \nestablishment of the corners of a parcel ofland. \nField Code. 1he New York Code of Procedure of 1848, \nwhich was the first comprehensive Anglo-American \ncode of civil procedure and served as a model for the \nFederal Rules of Civil Procedure . It was drafted by \nDavid Dudley Field (1805-1894), a major law-reformer. \nSee code pleading under PLEADING (2). \nfield notes. The notes in a surveyor's field book. \nfield of invention. See CLASSIFICATION OF PATENTS (2). \nfield of search. See CLASSIFICATION OF PATENTS (2). \nfield-of-use restriction. Intellectual property. A license \nprovision restricting the licensee's use of the licensed \n\n703 \nproperty to a defined product or service market or to a \ndesignated geographical area. \nfield sobriety test. See SOBRIETY TEST. \nfield stop. See STOP AND FRISK. \nfield-warehouse financing agreement. The loan agree\nment in a field-warehousing arrangement. \nfield warehousing. An inventory-financing method by \nwhich a merchant pledges its inventory, which is in the \npossession ofa third person (a warehouser) . This is a \nmethod offinancing an inventory that cannot econom\nically be delivered to the creditor or third party. The \nborrower segregates part ofthe inventory and places it \nunder the nominal control ofa lender or third party, so \nthat the lender has a possessory interest. Cf. floor-plan \nfinancing under FINANCING; PLEDGE. \n\"Field warehousing is a way of bringing about the security \nrelationship of a pledge. It is an arrangement for allowing \nthe pledgor a more convenient access to the pledged goods, \nwhile the goods are actually in the custody and control of a \nthird person on the pledgor's premises.\" Business Factors, \nIne. v. Taylor-Edwards Warehouse & Transfer Co., 585 P.2d \n825, 828 (Wash. Ct. App. 1978). \n\"Field warehousing is ... an arrangement whereby a whole \nsaler, manufacturer, or merchant finances his business \nthrough the pledge of goods remaining on his premises. \nThe arrangement is valid and effective where there is an \nactual delivery to the warehouseman by the bailor who has \nhired the warehouseman and given him exclUSive posses \nsion of the warehouse goods.\" In re Covington Crain Co., \n638 F.2d 1362, 1365 (5th Cir. 1981). \nfierding court (fyar-ding or feer-ding). Hist. An ancient \ncourt of inferior jurisdiction . Four courts were in \neach district or hundred. \nfieri (fI-a-rr). [Latin] To be made; to be done . Fieri usu. \nappears as part ofthe phrase in fieri. See IN FIERI. \nfieri facias (fI-a-rr fay-shee-as). [Latin \"that you cause \nto be done\"] (ISc) A writ of execution that directs \na marshal or sheriff to seize and sell a defendant's \nproperty to satisfy a money judgment. -Abbr. \nfa.; Fi. Fa. Cf. LEVARI FACIAS. [Cases: Execution \n1,15.] \n\"It receives its name from the Latin words in the writ (quod \nfieri facias de bonis et catallis, that you cause to be made \nof the goods and chattels). It is the form of execution \nin common use in levying upon the judgment debtor's \npersonal property.\" John Bouvier, Bouvier's Law Diction \nary(8th ed. 1914). \n\"The writ of 'fieri facias' (commonly called a writ of 'fi fa'), \nwhich commanded literally 'that you cause to be made,' \nwas an early common-law means of enforcing payment on \najudgment; it was, in effect, an order to the sheriff of the \ncourt to enforce a judgment against the debtor by levy, \nseizure, and sale of his personalty to the extent needed to \nsatisfy ajudgment.\" 30 Am.Jur. 2d Executions and Enforce \nment ofJudgments  14, at 50-51 (1994). \nfieri facias de bonis ecclesiasticis (fI-a-n fay-shee-as \ndee boh-nis e-klee-z[h]ee-as-ta-sis). [Latin \"that you \ncause to be made ofthe ecclesiastical goods\"] Hist. A \nwrit of execution -used when the defendant was a \nbeneficed clerk who had no lay fee -that commanded \nthe bishop to satisfy the judgment from the ecclesi\nastical goods and chattels of the defendant within 50-percent rule \nthe diocese. -This was accomplished by issuing a \nsequestration to levy the debt out of the defendant's \nbenefice. This writ was issued after a fieri facias had \nbeen returned nulla bona. \nfieri facias de bonis propriis (fI-d-rI fay-shee-ds dee \nboh-nis proh-pree-is). [Latin \"that you cause to be \nmade ofhis own goods\"] Hist. A writ that executes \non an executor's property when a writ fieri facias de \nbonis testatoris is returned by the sheriff nulla bona \nor devastavit (a wasting ofthe testator's goods by the \nexecutor). \nfieri facias de bonis testatoris (fI-d-rI fay-shee-<ls dee \nboh-nls tes-td-tor-is). [Latin \"that you cause to be \nmade of the testator's goods\"] Hist. A writ of execu\ntion served on an executor for a debt incurred by the \ntestator. \nfieri feci (fI-d-n fee-sI). [Latin \"I have caused to be \nmade\"] Hist. A sheriff's return on a fieri facias where \nthe sheriff has collected, in whole or in part, the sum \nto be levied on. -'Ihe return is usu. expressed by the \nword \"satisfied.\" \nfi.fa. (sometimes cap.) abbr. FIERI FACIAS. \nFIFO (fI-foh). abbr. FIRST-IN, FIRST-OUT. \nFIFRA. abbr. Federal Insecticide, Fungicide, and Roden\nticide Act. 7 USCA  136-136y. \nfifteenth. Hist. A tax of one-fifteenth of all the personal \nproperty ofevery subject. -The tax was levied atinter\nvals by act ofParliament. Under Edward III, the value \nofthe fifteenth was assessed and fixed at a specific sum \nand did not increase as the wealth of the kingdom \nincreased thus the tax ceased to actually be one\nfifteenth. See QUOD PERSONA NEC PREBENDARII. \nFifteenth Amendment. The constitutional amendment, \nratified in 1870, guaranteeing all citizens the right to \nvote regardless ofrace, color, or prior condition ofser\nvitude. [Cases: Constitutional Law <8:::: 1482.] \nFifth Amendment. The constitutional amendment, \nratified with the Bill of Rights in 1791, providing that a \nperson cannot be (1) required to answer for a capital or \notherwise infamous offense unless a grand jury issues \nan indictment or presentment, (2) subjected to double \njeopardy, (3) compelled to engage in self-incrimination \non a criminal matter, (4) deprived of Hfe, liberty, or \nproperty without due process oflaw, or (5) deprived \nofprivate property for public use without just com\npensation. [Cases: Constitutional LawC:::3840-4841; \nCriminal Law C='393; Double Jeopardy C--'J1-7; Grand \nJuryC=>2; Witnesses C=>297.j \nFifth Amendment, pleading the. See TAKE THE FIFTH. \nFifty Decisions. Justinian's rulings that settled con\ntroversies and eliminated obsolete rules in the law . \nThe decisions were made in preparation for Justinian's \nDigest. -Also termed (in Latin) Quinquaginta Deci\nsiones. \n50 percent plus one. See HALF PLUS ONE. \n50-percent rule. (1975) The principle that liability for \nnegligence is apportioned in accordance with the \n\npercentage of fault that the fact-finder assigns to each \nparty, that the plaintiffs recovery will be reduced by \nthe percentage of negligence assigned to the plaintiff, \nand that the plaintiffs recovery is barred if the plain\ntiffs percentage offault is SO% or more. -Also termed \nmodified-compamtive-negligence doctrine. Cf. PURE\nCOMPARATIVE-NEGLIGENCE DOCTRINE. See compara\ntive negligence under NEGLIGENCE; APPORTIONMENT OF \nLIABILITY. [Cases: Negligence C=S49(1O).] \nfighting age. See AGE. \nfighting words. (1917) 1. Inflammatory speech that \nmight not be protected by the First Amendment's \nfree-speech guarantee because it might incite a violent \nresponse. [Cases: Constitutional lS62; Disor\nderly Conduct 133.J 2. Inflammatory speech \nthat is pleadable in mitigation but not in defense \nof a suit for assault. [Cases: Assault and Battery \n12.] Also termed fighting talk. \nfightwite (fIt-wIt). Hist. A fine imposed against one who \nparticipated in a breach of the peace. \nfilacer (fil-;>-s;>r). Hist. An officer of the Westminster \nsuperior courts who filed the writs on which process \nwas made. _ The office was abolished in 1837. Also \nspelled filazer. \nfilacium. See FILUM. \nfilare (fi-lair-ee), vb. [Law Latin] Hist. To file. \nfilazer. See FILACER. \nfile, n. (17c) 1. A court's complete and official record of \na case <the associate went to the courthouse to verify \nthat the motion is in the file>. 2. A lawyer's complete \nrecord of a case <the paralegal stored the file in three \ndrawers in her office>. 3. A portion or section of a \nlawyer's case record <the janitor found the correspon\ndence file behind the copy machine>. 4. A case <Jonah \nwas assigned the Watson file after Amy left the firm>. \nfile, vb. (16c) 1. To deliver a legal document to the \ncourt clerk or record custodian for placement into the \nofficial record <Tuesday is the deadline for filing a reply \nbrief>. -Also termed (in BrE) lodge. 2. To commence \na lawsuit <the seller threatened to file against the \nbuyer>. 3. To record or deposit something in an orga\nnized retention system or container for preservation \nand future reference <please file my notes under the \nheading \"research\">. 4. Parliamentary law. To acknowl\nedge and deposit (a report, communication, or other \ndocument) for information and reference only without \nnecessarily taking any substantive action. \nfiled-rate doctrine. A common-law rule forbidding a \nregulated entity, usu. a common carrier, to charge a rate \nother than the one on file with the appropriate federal \nregulatory authority, such as (formerly) the Interstate \nCommerce Commission. -Also termed filed-tariff \ndoctrine. See TARIFF (3). [Cases: Carriers <8='189; Public \nUtilities ~~119.1; Telecommunications C=931.] \nfile history. See FILE WRAPPER. file-transport protocol. A set of programmed rules \nenabling computers to exchange files over the \nInternet. Abbr. FTP. \nfile wrapper. Patents &-Trademarks. The complete record \nof proceedings in the Patent and Trademark Office from \nthe initial application to the issued patent or trademark; \nspeci., a patent or trademark-registration application \ntogether with all documentation, correspondence, and \nany other record of proceedings before the PTa con\ncerning that application. Also termed file history; \nprosecution history. Cf CERTIFIED FILE HISTORY. [Cases: \nPatents <8=' 168(1), 168(2).] \nfile-wrapper continuation. 1. See CONTINUATION. 2. See \nCONTINUATION-IN-PART. -Abbr. FWC. \nfile-wrapper continuation application. 1. See CONTINU\nATION. 2. See CONTINUATION-IN-PART. \nfile-wrapper estoppel. See prosecution-history estoppel \nunder ESTOPPEL. \nfilia (fil-ee-;, n. [Latin] A daughter. PLfiliae. \nfilial consortium. See CONSORTIUM. \nfiliality. See FILIATION (1). \nfiliated father. See FATHER. \nfiliation (fil-ee-ay-sh;m). (ISc) 1. The fact or condition \nof being a son or daughter; relationship of a child to a \nparent. -Despite Bentham's protest (see below),filia\ntion is usual in this sense. -Also"}
{"text": "child to a \nparent. -Despite Bentham's protest (see below),filia\ntion is usual in this sense. -Also termed filiality. \n\"In English we have no word that will serve to express with \npropriety the person who bears the relation opposed to that \nof parent. The word chi/dis ambiguous, being employed in \nanother sense, perhaps more frequently than in this: more \nfrequently in opposition to a person of full age, an adult, \nthan in correlation to a parent. For the condition itself we \nhave no other word than filiation: an ill-contrived term, \nnot analogous to paternity and maternity: the proper term \nwould have been fmality: the word filiation is as frequently, \nperhaps, and more consistently, put for the act of establish\ning a person in the possession of the condition offiliality.\" \nJeremy Bentham, An Introduction to the Principles ofMorals \nand Legislation 276 n.2 (1823). \n2. Judicial determination of paternity. See PATERNITY; \nfiliated father under FATHER. [Cases: Children Out -of\nWedlock C'-:::>63.] \nfiliation order. See ORDER (2). \nfilibuster (fil-;J-b;>s-tdr), n. (ISc) 1. A dilatory tactic, \nesp. prolonged and often irrelevant speech making, \nemployed in an attempt to obstruct legislative action. \n-The filibuster is common in the U.S. Senate, where the \nright to debate is usu. unlimited and where a filibuster \ncan be terminated only by a cloture vote oftwo-thirds \nof all members. 2. In a deliberative body, a member \nin the minority who resorts to obstructive tactics to \nprevent the adoption of a measure or procedure that \nis favored by the majority. Also termed filibusterer. \n3. Hist. A person who, together with others, works to \ninvade and revolutionize a foreign state in disregard of \ninternational law. See CLOTURE. -filibuster, vb. \nfilicide (fil-i-sld). (l7c) 1. A person who kills his or her \nown child. 2. The act of killing one's own child. Cf. \nINFANTICIDE. \n\n705 \nfiling. n. (18c) A particular document (such as a pleading) \nin the file of a court clerk or record custodian <the \nlawyer argued that the plaintiff's most recent filing \nwas not germane to the issue before the court>. [Cases: \nPederal Civil Procedure G~~'664; Pleading (~331.] \nfiling date. See DATE. \nfiling fee. (1864) A sum of money required to be paid to \nthe court clerk before a proceeding can start. [Cases: \nClerks of Courts 47.] \nfiling statns. Tax. One of the four categories under which \na person files an income tax return. Under federal \nlaw, the four categories are: (1) Single; (2) head of house\nhold; (3) married filing a joint return; and (4) married \nfiling separate returns. [Cases: Internal Revenue \n3549,4481.J \nfiliolus (fil-ee-oh-Ias). [LatinJ Hist. A godson. Also \nspelled (in old records) filious. \nfilius (til-ee-as), n. [Latin]l. A son. 2. (pl.) Descendants. \nCf. HERES. PI. filii. \nfiliusfamilias (fil-ee-as-fa-mil-ee-as), n. [Latin \"the son \nof a family\"] Roman law. An unemancipated son or \ndaughter, grandson or granddaughter. -Also termed \nhomo alieni juris. \n\"Every Roman citizen is either a paterfamilias or a filiusfa\nmilias, according as he is free from paternal power (homo \nsui juris) or not (homo alieni juris). Paterfamilias is the \ngeneric name for a homo sui juris, whether child or adult, \nmarried or unmarried. Filiusfamilias is the generic name for \na homo alieni juris, whether son or daughter, grandson or \ngranddaughter, and so on.\" Rudolph Sohm, The Institutes: \nA Textbook of the History and System ofRoman Private Law \n177 Uames Crawford Ledlie trans., 3d ed. 1907). \nfilius mulieratus (fil-ee-as myoo-Iee-a-ray-tas). [Law \nLatin] Hist. The eldest legitimate son of a woman who \npreviously had an illegitimate son by the same father; \na legitimate son, whose older brother is illegitimate; \nMULIER PUISNE. Cf. bastard eisne under EISNE. \nfilius nullius (fil-ee-as na-h-as). [Latin \"son of nobody\"] \nHist. An illegitimate child. Also termed filius \npopuli. \n\"I proceed next to the rights and incapacities which apper\ntain to a bastard. The rights are very few, being only such \nas he can acquire; for he can inherit nothing, being looked \nupon as the son of nobody; and sometimes called filius \nnul/ius, sometimes filius populi.\" 1 William Blackstone, Com\nmemories on the Laws ofEngland 447 (1765). \nfilius populi. See FILIUS NULLIUS. \nfilla (fil-a). Hist. The ribbon from which a seal hangs at \nthe bottom of deeds and other legal documents. \nfill a blank. Parliamentary law. To replace a blank in \na motion with one or more proposals from the floor. \nSee BLANK. \nfill-or-kill order. See ORDER (8). \nfilum (fI-bm). [Latin \"thread\"] Hist. l. A thread or wire \nthat holds (esp.legal) papers together to form a file. \n This was the ancient method of filing legal papers. \n2. An imaginary thread or line passing through the \nmiddle of a stream or road. Also termed (in sense \n1) filacium. final-judgment rule \nfilum aquae (fI-lam ay-kwee). [Latin \"thread ofwater\"] \nA line of water; the middle line ofa stream of water, \nsupposedly diViding it into two equal parts and usu. \nconstituting the boundary between the riparian \nowners on each side. -Also termed medium filum. \n[Cases: Boundaries C=> 12.] \nfilum forestae (fI-lam for-a-steel. [Latin] The border \nofa forest. \nfilum viae (fI-lam vI-eel. [Latin)l. The middle line of a \nroad. 2. The boundarv between landowners on each \nside ofa road. [Cases:'Boundaries 19.] \nfinable (fI-na-bal), adj. (15c) Liable to a fine; subject to \nhaving to pay a fine. Also spelled fineable. [Cases: \nFines C=> 1.5.) \nfinal, adj. (l4c) L (Of a judgment at law) not requiring \nany further judicial action by the court that rendered \njudgment to determine the matter litigated; concluded. \n2. (Of an equitable decree) not requiring any further \njudicial action beyond supervising how the decree is \ncarried out.  Once an order, judgment, or decree is \nfinal, it may be appealed on the merits. Cf. INTERLOCU\nTORY. \nfinal and conclusive. Terminal and unappealable, \nexcept on grounds of procedural error, fraud, or \nmistake. \nfinal agenda. See AGENDA. \nfinal alimony. See permanent alimony under ALIMONY. \nfinal and conclusive. See FINAL. \nfinal appealable judgment. See final judgment under \nJUDGMENT. \nfinal appealable order. See final judgment under \nJUDGMENT. \nfinal argument. See CLOSING ARGUMENT. \nfinal concord. See CONCORD. \nfinal decision. See final judgment under JUDGMENT. \nfinal-decision rule. See FINAL-JUDGMENT RULE. \nfinal decree. See final judgment under JUDGMENT. \nfinal injnnction. See permanent injunction under \nINJUNCTION. \nfinalis concordia (fi-nay-lis kan-kor-dee-a). [Latin) A \nfinal or conclusive agreement. See final concord under \nCONCORD; FINE (1). \nfinality doctrine. (1942) The rule that a court will not \njudicially review an administrative agency's action until \nit is final. Also termed final-order doctrine; doctrine \noffmality; principle offinality. Cf. FINAL-JUDGMENT \nRULE; INTERLOCUTORY APPEALS ACT. [Cases: Admin\nistrative Law and Procedure (>704.] \nfinality rule. See FINAL-JUDGMENT RULE. \nfinal judgment. See JUDGMENT. \nfinal-judgment rule. (1931) The principle that a party \nmay appeal only from a district court's final decision \nthat ends the litigation on the merits. Under this \nrule, a party must raise all claims oferror in a Single \n\nfinal-offer arbitration \nappeal. -Also termed final-decision rule;finality rule. \n28 USCA  1291. See DEATH-KNELL DOCTRINE. Cf. \nFINALITY DOCTRINE; INTERLOCUTORY APPEALS ACT; \nDEATH-KNELL DOCTRINE. [Cases: Appeal and Error~ \n66; Federal Courts ~571.] \nfinal-offer arbitration. See ARBITRATION. \nfinal office action. See OFFICE ACTION. \nfinal order. See ORDER (2). \nfinal-order doctrine. See FINALITY DOCTRINE. \nfinal peace. See final concord under CONCORD. \nfinal process. See PROCESS. \nfinal receiver's receipt. The government's acknowledg\nment that it has received full payment from a person for \npublic land, that it holds the legal title in trust for the \nperson, and that it will in due course issue the person \na land patent. [Cases: Public Lands ~110.] \nfinal rejection. See REJECTION. \nfinal settlement. See SETTLEMENT (2). \nfinal speech. See CLOSING ARGUMENT. \nfinal submission. See CLOSING ARGUMENT. \nfinance, n. (I8c) 1. That aspect of business concerned \nwith the management of money, credit, banking, and \ninvestments <after a brief career in finance, Andrea \ndecided to go to law school>. 2. The science or study of \nthe management of money, etc. <Bill sought a degree \nin finance because he wanted to be an investment \nbanker>. \nfinance, vb. (19c) To raise or provide funds. \nfinance bill. See BILL (6). \nfinance charge. An additional payment, usu. in the form \nofinterest, paid by a retail buyer for the privilege ofpur\nchaSing goods or services in installments. -This phrase \nis increasingly used as a euphemism for interest. See \nINTEREST (3). [Cases: Consumer Credit (;:::>52; Usury \nC=>53.] \nfinance company. (20c) A nonbank company that deals \nin loans either by making them or by purchasing notes \nfrom another company that makes the loans directly \nto borrowers. \ncommercial finance company. A finance company that \nmakes loans to manufacturers and wholesalers. \nAlso termed commercial credit company. \nconsumer finance company. A finance company that \ndeals directly with consumers in extending credit. \nAlso termed small-loan company. [Cases: Consumer \nCredit~3.1 \nsales finance company. A finance company that does \nnot deal directly with consumers but instead pur\nchases consumer instaHment paper arising from the \nsale ofconsumer durables \"on time.\" -Also termed \nacceptance company. \nfinance lease. See LEASE. \nfinance officer. See TREASURER. \nfinancial accounting. See ACCOU!\\ITING (1). 706 \nFinancial Accounting Standards Board. The indepen\ndent body of accountants responsible for establishing, \ninterpreting, and improving standards for financial \naccounting and reporting. Abbr. FASB. [Cases: \nAccountants 8.J \nfinancial asset. See current asset under ASSET. \nfinancial contract. See CONTRACT. \nfinancial-core membership. Union membership in \nwhich a private-company employee pays the union's \ninitiation fees and periodic dues but is not a full union \nmember. -Financial-core membership is allowed only \nin states without a right-to-work law, where a union\nsecurity contract clause can require employees to pay \nfinancial-core membership dues but cannot require full \nunion membership. The dues are limited to the amount \nrequired to support the union's representational activi\nties, such as collective bargaining. See Communications \nWorkers ofAm. v. Beck, 487 U.S. 735, 744, 108 S.Ct. \n2641, 2648 (1988). -Also termed (in public-employ\nment sector) fair-share membership; agency-shop mem\nbership. See UNIO!\\I-SECURITY CLAUSE. \nFinancial Crimes Enforcement Network. A unit in the \nU.S. Department of the Treasury responsible for sup-....... \nporting law-enforcement efforts against domestic and \ninternational financial crimes. Abbr. FinCEN. \nfinancial deregulation. See DEREGULATION. \nfinancial futures. See FUTURES (1). \nfinancialinstitution. (1821) A business, organization, or \nother entity that manages money, credit, or capital, such \nas a bank, credit union, savings-and-Ioan association, \nsecurities broker or dealer, pawnbroker, or investment \ncompany. [Cases: Banks and Banking ~1; Building \nand Loan Associations I.] \nfinancial interest. See INTEREST (2). \nfinancial intermediary. (1873) A financial entity \nusu. a commercial bank -that advances the transfer \nof funds between borrowers and lenders, buyers and \nsellers, and investors and savers. \nFiuancial Management Service. A unit in the U.S. \nDepartment of the Treasury responsible for develop\ning and managing systems for moving the U.S. govern\nment's cash by assisting other agencies in collecting and \ndisbursing funds; collecting and publishing financial \ninformation; and collecting delinquent debts. Abbr. \nFMS. \nfinancial market. See MARKET. \nfinancial planner. A person whose business is advising \nclients about personal finances and investments. _ \nUpon completing a certification program, such a person \nis called a certified financial planner. Abbr. CPP. \nfinancial report. See FINANCIAL ST"}
{"text": "person \nis called a certified financial planner. Abbr. CPP. \nfinancial report. See FINANCIAL STATEMENT. \nfinancial-responsibility act. (1930) A state statute con\nditioning license and registration ofmotor vehicles on \nproof of insurance or other financial accountability. \n[Cases: Automobiles Insurance C~~'2737.] \n\nfinancial-responsibility clause. (1946) Insurance. A pro\nvision in an automobile insurance policy stating that \nthe insured has at least the minimum amount ofliabil\nity insurance coverage required by a state's financial\nresponsibility law. [Cases: Insurance (;=>2737, 2756.] \nfinancial restatement. A report correcting material \nerrors in a financial statement, esp. to adjust profits \nand losses after an accounting procedure has been \ndisallowed. \nfinancials. Slang. Financial statements. \nfinancial secretary. 1. See SECRETARY. 2. See TREA\nSURER. \nFinancial Services Agency. The regulatory body that \noversees the United Kingdom's financial-services \nindustry, including exchanges and related entities. \nFormerly termed Securities and Investment Board. \nfinancial statement. 1. A balance sheet, income state\nment, or annual report that summarizes an individual's \nor organization's financial condition on a specified date \nor for a specified period by reporting assets and liabili\nties. Also termedfinancial report. Cf. FINANCING \nSTATEMENT. \ncertified financial statement. A financial statement \nexamined and reported by an independent public or \ncertified public accountant. SEC Rule 12b-2 (17 CPR \n 240.12b-2). \nconsolidated financial statement. The financial report \nof a company and all its subsidiaries combined as if \nthey were a single entity. \nnormalized financial statement. A statement in \nwhich some components have been adjusted to \nexclude anomalies, such as unusual and nonrecur\nring elements, and nonoperating assets or liabilities, \nso the statement may be compared with others. \n2. INCOME-AND-EXPENSE DECLARATION. \nfinancing, n. (19c) 1. The act or process ofraising or pro\nviding funds. 2. Funds that are raised or proVided. \nfinance, vb. \nasset-based financing. A method of lending in which \nlenders and investors look primarily to the cash flow \nfrom a particular asset for repayment. \nconstruction financing. See interim financing. \ndebt financing. The raising offunds by issuing bonds or \nnotes or by borrowing from a financial institution. \nequity financing. 1. The raising of funds by issuing \ncapital securities (shares in the business) rather \nthan making loans or selling bonds. 2. The capital \nso raised. \nfloor-plan financing. A loan that is secured by mer\nchandise and paid off as the goods are sold . Usu. \nsuch a loan is given by a manufacturer to a retailer \nor other dealer (as a car dealer). Also termed floor \nplanning. Cf. FIELD WAREHOUSING. \ngap financing. Interim financing used to fund the \ndifference between a current loan and a loan to be received in the future, esp. between two long-term \nloans. See bridge loan under LOAN. \ninterim financing. A short-term loan secured to cover \ncertain major expenditures, such as construction \ncosts, until permanent financing is obtained. Also \ntermed construction financing. \ninternal financing. A funding method using funds gen\nerated through the company's operations rather than \nfrom stock issues or bank loans. \nlink financing. The obtaining of credit by depositing \nfunds in another's bank account to aid the other in \nobtaining a loan. \noutside financing. The raising offunds by selling stocks \n(equity financing) or bonds (debt financing). \npermanent financing. A long-term loan obtained to \nrepay an interim loan, such as a mortgage loan that \nis used to repay a construction loan. \nproject financing. A method of funding in which the \nlender looks primarily to the money generated by a \nsingle project as security for the loan . This type of \nfinancing is usu. used for large, complex, and expen\nsive single-purpose projects such as power plants, \nchemical-processing plants, mines, and toll roads. \n1he lender is usu. paid solely or primarily from the \nmoney generated by the contracts for the facility's \noutput (sometimes paid by customers directly into an \naccount maintained by the lender), such as the elec\ntricity sold by a power plant. The lender usu. requires \nthe facility to be developed and owned by a special\npurpose entity (sometimes called a bankruptcy\nremote entity), which can be a corporation, limited \npartnership, or other legal entity, that is permitted to \nperform no function other than developing, owning, \nand operating the facility. See SINGLE-PURPOSE \nPROJECT; SPECIAL-PURPOSE ENTITY; BANKRUPTCY\nREMOTE ENTITY. \nfinancing agency. See AGENCY (1). \nfinancing statement. (1954) A document filed in the \npublic records to notify third parties, usu. prospective \nbuyers and lenders, of a secured party's security interest \nin goods or real property. See UCC  9-102(a)(39). Cf. \nFINANCIAL STATEMENT. [Cases: Secured Transactions \nFinCEN. abbr. FINANCIAL CRIMES ENFORCEMENT \nNETWORK. \nfind, vb. (bef. 12c) To determine a fact in dispute by \nverdict or decision <find guilty> <found that no duty \nexisted>. Cf. HOLD (2). \nfinder. (13c) 1. An intermediary who brings together \nparties for a business opportunity, such as two com\npanies for a merger, a borrower and a financial institu\ntion, an issuer and an underwriter of securities, or a \nseller and a buyer ofreal estate . A finder differs from \na broker-dealer because the finder merely brings two \nparties together to make their own contract, while a \nbroker-dealer usu. participates in the negotiations. See \n\nfinder of fact 708 \nINTERMEDIARY. 2. A person who discovers an object, \noften a lost or mislaid chattel. \nfinder of fact. See FACT-FINDER. \nfinder's fee. (1937) 1. The amount charged by one who \nbrings together parties for a business opportunity. 2. \nThe amount charged by a person who locates a lost or \nmissing item and returns it to its owner. \nfinder's-fee contract. (1959) An agreement between a \nfinder and one of the parties to a business opportu\nnity. \nfinding. See FINDING OF FACT. \nfinding of fact. (18c) A determination by a judge, jury, \nor administrative agency of a fact supported by the \nevidence in the record, usu. presented at the trial or \nhearing <he agreed with the jury's finding of fact \nthat the driver did not stop before proceeding into \nthe intersection>. Often shortened to finding. See \nFACT-FINDER. Cf. CONCLUSION OF FACT; CONCLUSION \nOF LAW. \nconcurrent finding. (usu. pl.) Identical factual findings \nby two different tribunals on a specific issue of fact. \nessential finding. Military law. A military tribunal's \ndetermination ofa collateral pretrial motion. \ngeneral finding. An undifferentiated finding in favor \nof one party. \nspecial finding. 1. (usu. pl.) A finding of the necessary \nand ultimate facts to support a judgment in favor \nof one party. 2. Military law. A military tribunal's \nfinding that directly relates to the determination of \nguilt or innocence. \nfine, n. (13c) 1. An amicable final agreement or com\npromise of a fictitious or actual suit to determine the \ntrue possessor of land. -The fine was formerly used \nas a form of conveyance to disentail an estate. -Also \ntermed final concord;finalis concordia. See FOOT OF \nTHE FINE. \n\"A peculiar and persistent use of the writ [of covenant] \nwas in levying a fine. A fine finalis concordia was \nthe compromise of a suit, settled upon terms approved \nby the court, The dispute, while it might be a reality, was \nmore often fictitious, and was chiefly used as a means \nof conveying land .... Soon after IGlanvill's] book was \nwritten, an innovation was made in the procedure which \nendured until 1833. The terms of the compromise, agreed \nby the parties and approved by the judges, were entered \nupon a threefold indenture, one of the parts being given \nto each of the litigants and the third the 'foot' or bottom \nof the document being kept among the records of the \ncourt. The parties thus obtained incontestable evidence \nand abundant security, and either could sue the other ifthe \nagreement were not implemented.\" C.H.S. Fifoot, History \nand Sources of the Common Law: Tort and Contract 256 \n(1949). \n\"Unlike the recovery, which was a real action, the fine was a \ncompromised fictitious personal action, originally designed \nas a method of ensuring security in conveyancing and only \nlater being employed for the purpose of barring estates \ntail. In outline, it operated in the following manner, The \nintending purchaser brought an action, begun by writ of \ncovenant, against the intending vendor. The parties then \napplied to the court to compromise the action; by the terms \nof the compromise (finis) the intending vendor admitted that the land belonged to the intending purchaser because \nhe had given it to him, and the terms of the compromise \nwere recorded in the court records. The fine owed its popu\nlarity as a means ofconveyancing to two factors, neither of \nwhich was present in the standard method of conveyance \nby means of feoffment, First, the enrolling in the court \nrecords provided evidence of the transaction which was \nboth permanent and free from the danger of forgery. \nSecondly, the effect of the fine was to set running a short \nperiod of limitation at the expiration ofwhich all claims to \nthe land were barred. It was this second aspect which made \nthe device attractive as a means of 'barring' fees tail.\" Peter \nButt, Land Law 102-03 (2d ed. 1988). \nexecuted fine. Hist. A fine made on acknowledgment of \nthe right of the grantee to land given to him as a gift \nfrom the grantor. -1his was abolished in England in \n1833. 3 & 4 Will. 4, ch. 74. \n2. FINE FOR ALIENATION. 3. A fee paid by a tenant to \nthe landlord at the commencement of the tenancy to \nreduce the rent payments, 4. Hist. A money payment \nfrom a tenant to the tenant's lord. \ncommon fine. A sum of money due from a tenant to \na lord to defray the cost of a court leet or to allow \nthe litigants to try the action closer to home. -Also \ntermed head-silver. \nS. A pecuniary criminal punishment or civil penalty \npayable to the public treasury. [Cases: Fines C=.1.5.J \nfine, vb. \nday fine. A fine payable over time, usu. as a percentage \nof the defendant's earnings on a weekly or monthly \nbasis. \nexcessive fine. (16c) 1. Criminal law. A fine that is \nunreasonably high and disproportionate to the \noffense committed. -'The Eighth Amendment pro\nscribes excessive fines. An example of an excessive \nfine is a civil forfeiture in which the property was not \nan instrumentality ofthe crime and the worth ofthe \nproperty was not proportional to the owner's culpa\nbility. [Cases: Fines C=;::; 1.3.] 2. A fine or penalty that \nseriously impairs one's earning capacity, esp. from a \nbusiness. \nfresh fine. Hist. A fine levied within the past year. \nfineable. See FINABLE. \nFine and Recovery Act. Hist. An English statute, enacted \nin 1833, that abolished the use of fines as a method of \nconveying title to land. 3 & 4 Will. 4, ch. 74. See FINE \n(1). \nfine annullando leva to de tenemento quod fuit de \nantiquo dominico (fI-nee a-na-lan-doh la-yay-to dee \nten-a-men-toh kwod fyoo-it dee an-tI-kwoh da-min\n<'l-koh). [Latin \"a fine to be annulled levied from a \ntenement which was of ancient demesne\"] Hist. A \nwrit for disannulling a conveyance ofland in ancient \ndemesne to the lord's prejudice. \nfine capiendo pro terris (fI-nee kap-ee-en-doh proh \nter-is). [Latin \"a fine to be taken for lands\"J Hist. A \nwrit that an imprisoned felon could use in some cir\ncumstances to obtain release from jail and to recover \nlands and goods taken during imprisonment. \n\n709 finis \nfine for alienation. Hist. A fee paid by a tenant to the lord \nupon the alienation of a feudal estate and substitution of \na new tenant. -It was payable by all tenants holding by \nknight's service or tenants in capite by socage tenure. \nOften shortened to fine. \nfine for endowment. Hist. A fee paid by a widow of a \ntenant to the tenant's lord. -If not paid, the widow \ncould not be endowed of her husband's land. \nfinem facere (fI-n~m fay-s~-ree). [Latin] Hist. 1. To make \na composition or compromise; to relinquish a claim in \nexchange for consideration. \n\"In the thirteenth century the king's justices wield a wide \nand a 'common law' power of ordering that an offender \nbe kept in custody. They have an equally wide power of \ndischarging him upon his 'making fine with the king.' We \nmust observe the language of the time. In strictness they \nhave no power to 'impose a fine.' No tribunal of this period, \nunless we are mistaken, is ever said to impose a fine. To \norder the offender to pay so much money to the king -this \nthe judge may not do. If he did it, he would be breaking or \nevading the Great Charter, for an amercement should be \naffeered, not by royal justices, but by neighbours of the \nwrongdoer. What the judges can do is this: they can \npronounce a sentence of imprisonment and then allow"}
{"text": "the \nwrongdoer. What the judges can do is this: they can \npronounce a sentence of imprisonment and then allow the \nculprit to 'make fi ne,' that is to make an end (finem facere) \nof the matter by paying or finding security for a certain \nsum of money. In theory the fine is a bilateral transaction, a \nbargain; it is not 'imposed,' it is 'made.'\" 2 Frederick Pollock \n& Frederic W. Maitland, The History of English Law Before \nthe Time of Edward I 517 (2d ed. 1899). \n2. To make a settlement of a penalty. -Magna Carta \n(ch. 55) specifically limited \"[a]lI fines which were made \nwith us unjustly and contrary to the law ofthe land ...\" \n(Omnes fines qui injuste et contra legem terrae facti sunt \nnobiscum). \nfine non capiendo pro pulchre placitando (fI-nee non \nkap-ee-en-doh proh pdl-kree plas-~-tan-doh). [Latin \n\"a fine not to be taken for pleading fairly\"] Hist. A writ \nprohibiting court officers from taking fines for fair \npleading (i.e., beaupleader). \nfine print. (1951) The part of an agreement or \ndocument usu. in small, light print that is not easily \nnoticeable referring to disclaimers, restrictions, or \nlimitations. \nfine pro redisseisina capiendo (fI-nee proh re-dis-see\nzin-~ kap-ee-en-doh). [Law Latin \"a fine to be taken for \nagain disseising\"] Hist. A writ that entitled a person \nimprisoned for twice dispossessing someone (redissei\nsin) to release upon payment of a reasonable fine. \nfines Ie roy (fmz l~ roy). [Law French] Hist. The king's \nfines. _ A fine or fee that was paid to the monarch for \nan offense or contempt. \nfine sur cognizance de droit, comme ceo que il ad de son \ndone (fm s~r kon-az~nts d~ droyt, kom say-oh kweel \nad da sawn dawn). [Law French \"a fine upon acknowl\nedgment of the right, as that which he has of his gift\"] \nHis!. The most common fine of conveyance, by which \nthe defendant (also called the deforciant) acknowledged \nin court that he had already conveyed the property to \nthe cognizee. _ This form ofconveyance took the place \nof an actual livery of seisin. See FINE (1). \"But, in general, the first species of fine, 'sur cognizance \nde droit come ceo, etc.,' is the most used, as it conveys \na clean and absolute freehold, and gives the cognizee a \nseisin in law, without an actual livery; and is therefore \ncalled a fine executed, whereas the others are but execu\ntory.\" 2 William Blackstone, Commentaries on the Laws of \nEngland 353 (1766). \nfine sur cognizance de droit tantum (fm sar kon-a-zants \nda droyt tan-t<lm). [Law French \"fine upon acknowl\nedgment of the right merely\"] Hist. A fine of convey\nance that does not acknowledge a prior conveyance of \nland. -This type of fine was used to convey reversion\nary interests that is, interests that did not require \nacknowledgment ofan earlier livery ofseisin. See FINE \n(1). \nfine surconcessi! (fm S<lr k~n-ses-it). [Law French] Hist. \nA species of conveyance in which the cognizor does \nnot acknowledge the cognizee's preceding right in land \nbut grants the cognizee an estate de novo, usu. for life \nor a term of years, by way of supposed composition. \nSee FINE (1). \nfine sur done, grant et render (fm S<lr dawn, grant \nay ren-d~r). [Law French \"fine upon gift, grant and \nrender\"] Hist. A double conveyance, consisting of a \nfine sur cognizance de droit come ceo que il ad de son \ndone and afine sur concessit, used to convey particular \nlimitations ofestates. -For example, after acknowledg\nment of the cognizee's right in the land, the cognizee \nwould grant back to the cognizor or a third party some \nother estate in the land. See FINE (1). \nfinger, vb. (1930) Slang. To identify (a person) as a per\npetrator, usu. ofa crime <in his grand-jury testimony, \nVinson fingered Bauer as the gunman>. \nfinger pillory. See PILLORY. \nfingerprint, n. (1859) 1. The distinctive pattern oflines \non a human fingertip <no two fingerprints are identi\ncal>. [Cases: Criminal Law C=>475.5.] 2. The impres\nsion of a fingertip made on any surface <the detective \nfound several fingerprints on the knife>. 3. An ink \nimpression of the pattern of lines on a fingertip, usu. \ntaken during the booking procedure after an arrest \n<after Dick had his fingerprints taken, he was put in \nthe drunk tank>. -Also termed print; thumbprint. \nCf. DNA IDENTIFICATION. fingerprint, vb. finger\nprinting, n. \nfingerprint claim. See PATENT CLAIM. \nfinire (fi-nI-ree), vb. [Law Latin] Hist. 1. To fine; to pay a \nfine. 2. To end or finish a matter. \nfinis (fI-nis or fin-is). [Latin] (ISc) Hist. 1. Boundary or \nlimit. 2. The compromise of a fine of conveyance. See \nFINE (1). \n\"The parties then applied to the court to compromise the \naction; by the terms of the compromise (finis) the intending \nvendor admitted that the land belonged to the intending \npurchaser because he had given it to him, and the terms of \nthe compromise were recorded in the court records.\" Peter \nButt, Land Law 102 (2d ed. 1988). \n3. A fine, or payment of money made to satisfy a claim \nof criminal penalty. \n\n710 finitio \njinitio (fi-nish-ee-oh). [Law Latin] Hist. An ending; \ndeath. \njinium regundorum actio (fI-nee-;)m ri-g;)n-dor-;)m \nak-shee-oh). [Latin \"action for regulating boundar\nies\"] Roman law. An action for settling a boundary \ndispute. \nFlO. abbr. Free in and out.  This bill-of-Iading term \nmeans that the shipper supervises and pays for loading \nand unloading ofcargo. [Cases; Shipping C-:::> 1l0.] \nFIOS. abbr. Free in and out stowed . This bill-of-lading \nterm means that the shipper supervises and pays for \nloading, unloading, and stowing. [Cases; Shipping (;:::::> \n110.] \nfirdfare. See FERDFARE. \nfire, vb. (1885) To discharge or dismiss a person from \nemployment; to terminate as an employee. [Cases: \nLabor and Employment (;:::J82S.] \nfirearm. (17c) A weapon that expels a projectile (such as \na bullet or pellets) by the combustion ofgunpowder or \nother explosive. [Cases; Weapons (;:::J8.] \nfirebote. See housebote under BOTE (1). \nfirebug. See INCENDIARY (I). \nfirefighter's rule. A doctrine holding that a firefighter, \npolice officer, or other emergency professional may \nnot hold a person, usu. a property owner, liable for \nunintentional injuries suffered by the professional in \nresponding to the situation created or caused by the \nperson. Also termed fireman's rule. [Cases; Negli\ngence (;:::J570, 1315.] \nfire insurance. See DISURANCE. \nfireman's rule. See FIREFIGHTER'S RULE. \nfire ordeal. See ordeal by fire under ORDEAL. \nfire sale. See SALE. \nfiring squad. (l9c) 1. A group of persons assembled to \ncarry out a capital-punishment sentence by shooting \nthe prisoner with high-powered rifles at the same time \nfrom a short distance. 2. A military detachment that \nfires a salute, usu. during the burial ceremony for the \nperson being honored. \nfirm, n. (lSc) 1. The title under which one or more \npersons conduct business jOintly. 2. The association \nby which persons are united for business purposes . \nTraditionally, this term has referred to a partnership, \nas opposed to a company. But today it frequently refers \nto a company. See LAW FIRM. \nfirma. [Latin]l. A lease. 2. A corporation or partner\nship. \nfirma burgi (far-m;) bar-jI). [Law Latin \"the farm ofthe \nborough\"] Hist. A person's right to take the profits of a \nborough. The monarch or the borough's lord granted \nthis right to a person upon payment of a fixed sum. \njirmafeodi. See FEE FARM. \nfirma noctis. See NOCTEM DE FIRMA. jirmaratio (f;)r-m,,-ray-shee-oh). [Law Latin] His/. A \ntenant's right to the lands and tenements leased to \nhim. \nfirmarius (f\"f-mair-ee-;)s). [Law Latin] A person entitled \nto take rent or profits. Cf. FERMER (2). \njirma social (feer-mah soh-syahl). [Spanish] Spanish \nlaw. An officially registered name of a corporation or \npartnership. \nfirm bid. See BID (2). \nfirm-commitment underwriting. See UNDERWRITING. \nfirme. See FARM. \njirmitas (far-ma-tas). [Law Latin] Hist. An assurance of \nsome privilege by deed or charter. \nfirm offer. See irrevocable offer under OFFER. \nfirm opportunity. A law-firm lawyer's opportunity to \nprofit individually from a venture from which the firm \nmight benefit, as opposed to the individual lawyer, and \nas to which the lawyer must therefore defer to the firm \nand turn over any income to the firm. \nfirm-opportunity doctrine. See CORPORATE-OPPORTU\nNITY DOCTRINE. \nFirst Amendment. The constitutional amendment, \nratified with the Bill of Rights in 1791, guaranteeing \nthe freedoms of speech, religion, press, assembly, and \npetition. [Cases: Constitutional Law C='1150-1205.] \nfirst-blush rule. The common-law principle that allows \na court to set aside a verdict as excessive because the \nverdict causes the mind to immediately conclude that \nit resulted from passion or prejudice on the part ofthe \njury. [Cases: Federal Civil Procedure C:~)2345; New \nTrial (;:::J77(2).] \nfirst cause. See proximate cause under CAUSE (1). \nfirst chair, n. (1952) Slang. The lead attorney in court for \na given case <despite having worked at the firm for six \nyears, the associate had yet to be first chair in a jury \ntrial>. -first-chair, vb. \nfirst cousin. See COUSIN (1). \nfirst-degree, adj. See DEGREE (2). \nfirst-degree amendment. See primary amendment under \nAMENDMENT (3). \nfirst-degree manslaughter. See MANSLAUGHTER. \nfirst-degree murder. See MURDER. \nfirst-degree principal. See principal in the first degree \nunder PRINCIPAL (2). \nfirst-degree sexual conduct. (1979) Sexual battery that \ninvolves an aggravating factor, as when the perpetrator \ncommits the offense against a minor or when the per\npetrator commits the offense in the course ofcommit\nting another crime, such as a burglary. Also termed \ncriminal sexual conduct in the first degree. [Cases: \nAssault and Battery e::-~)59.] \nfirst devisee. See DEVISEE. \nfirst-filed rule. See FIRST-TO-FILE RULE. \nfirst-filing rule. See FIRST-TO-FILE RULE. \n\n711 \nfirst fruits. 1. Hist. One year's profits from the land of a \ntenant in capite, payable to the Crown after the tenant's \ndeath. -Also termed primer seisin. 2. Hist. Eccles. law. \nThe first year's whole profits of a clergyman's benefice, \npaid by the incumbent to the Pope, or (after the break \nwith Rome) to the Crown . This revenue was later \ntermed \"Queen Anne's Bounty\" when it was converted \nto a fund to benefit the poor. -Sometimes written \nfirstfruits. -Also termed primitiae; primitive; annates; \nannats; Queen Anne's Bounty. \nfirsthand knowledge. See personal knowledge under \nKNOWLEDGE. \nfirst impression, case of. See CASE. \nfirst-in, first-out. An accounting method that assumes \nthat goods are sold in the order in which they were pur\nchased that is, the oldest items are sold first. -Abbr. \nFIFO. Cf. LAST-IN, FIRST-OUT; NEXT-IN, FIRST-OUT. \nfirst instance, court of. See trial court under COURT. \nfirst-inventor defense. Patents. In a suit alleging infringe\nment ofa business-method patent, a statutory affirma\ntive defense made out by showing that the defendant \nwas using the business method commercially for at least \na year before the plaintiff filed the patent application . \nThe First Inventor Defense Act of 1999 is codified at 35 \nlJSCA  273. [Cases: Patents (;:::::>283(1).] \nfirst lien. See LIEN. \nFirst Lord ofthe Admiralty. Hist. In Britain, a minister \nand one of the lord commissioners who presided over \nthe navy . The First Lord was assisted by other lords, \ncalled Sea Lords, and various secretaries. \nFirst Lord ofthe Treasury. English law. The chief officer \nin charge ofthe treasury . Today, this position is held \nby the Prime Minister. \nfirst magistrate. See MAGISTRATE (1). \nfirst meeting. Archaic. Criminal law. The first contact \nbetween a killer and a victim after the killer has been \ninformed ofthe victim's insulting words or conduct that \nprovoked the killing . If the killing occurred during \nthe first meeting, a murder charge could be"}
{"text": "'s insulting words or conduct that \nprovoked the killing . If the killing occurred during \nthe first meeting, a murder charge could be reduced to \nmanslaughter. See HEAT OF PASSION. \nfirst meeting ofcreditors. See creditors' meeting under \nMEETING. \nfirst mortgage. See MORTGAGE. \nfirst-mortgage bond. See BOND (3). \nfirst name. See personal name under NAME. \nfirst-named insured. See primary insured under \nINSURED. \nfirst of exchange. Archaic. The first in a series of drafts \n(bills ofexchange) drawn in duplicate or triplicate for \nsafety in their delivery, the intention being that the \nacceptance and payment of anyone of them, usu. the \nfirst to arrive, cancels the others in the set. \nfirst offender. See OFFENDER. \nfirst office action. See OFFICE ACTION. \nfirst option to buy. See RIGHT OF PREEMPTION. first-to-invent system \nfirst-party insurance. See INSURANCE. \nfirst-past-the-post voting. See plurality voting under \nVOTING. \nfirst policy year. Insurance. The first year of a life\ninsurance policy that is to be automatically renewed \nannually. This statutory phrase prohibits an insurer \nfrom using the policy's suicide exclusion as a defense \nand refusing payment on the policy when an insured \ncommits suicide after the first year of the policy. The \ninsurer can invoke the suicide exclusion as a defense \nto payment only if the insured commits suicide in the \nfirst policy year. [Cases: Insurance ~~2434(1), 2594(5), \n3125.] \nfirst purchaser. See PURCHASER (2). \nfirst refusal, right of. See RIGHT OF FIRST REFUSAL. \nfirst-sale doctrine. (1963) L Copyright. The rule that the \npurchaser ofa physical copy ofa copyrighted work, such \nas a book or CD, may give or sell that copy to someone \nelse without infringing the copyright owner's exclusive \ndistribution rights . With regard to that physical copy, \nthe copyright owner's distribution right is said to be \nexhausted. 17 USCA  109(a). [Cases: Copyrights and \nIntellectual Property (;:::::>38.5.] 2. Patents. The principle \nthat the buyer ofa patented article has the right to use, \nrepair, and resell the article without interference from \nthe patentee . The patentee may still retain control of \nthe article through terms in the license or sale contract. \nSee PATENT-EXHAUSTION DOCTRINE. [Cases: Patents \n(;:::::> 191.] \nfirst taker. See TAKER. \nfirst-to-file rule. (1969) Civil procedure. 1. The principle \nthat, when two suits are brought by the same parties, \nregarding the same issues, in two courts ofproper juris~ \ndiction, the court that first acquires jurisdiction usu. \nretains the suit, to the exclusion of the other court.  \nThe court with the second-filed suit ordinarily stays \nproceedings or abstains. But an exception exists if \nthe first-filed suit is brought merely in anticipation of \nthe true plaintiff's suit and amounts to an improper \nattempt at forum-shopping. See ANTICIPATORY FILING. \n[Cases: Courts (~~)475, 493, 514; Federal Courts (;:::::> \n1145.] 2. The doctrine allowing a party to a previously \nfiled lawsuit to enjoin another from pursuing a later~ \nfiled action. -Also termed first-filing rule; first-filed \nrule; priority-jurisdiction rule. [Cases: Courts (;::'480, \n507,508,516; Federal Courts (;:::::> 1145.] \nfirst-to-file system. Patents. The practice of granting \npriority to the first person to file a patent application. \n Most ofthe world uses a first-to~file patent system; the \nonly major exception is the United States, which grants \npriority to the first inventor. Cf. FIRST-TO~INVENT \nSYSTEM. [Cases: Patents ~-c:>90(1).1 \nfirst-to-invent system. Patents. The practice ofawarding \na patent to the first person to create an invention, rather \nthan the first to file a patent application . Because the \nfirst inventor is not necessarily the first person to file \nfor a patent, an interference hearing is held to decide \nwho is entitled to the patent. This system is used only \n\nin the United States. See CONCEPTION OF INVENTION; I fish royal. Hist. Whales, sturgeon, and porpoises that, \nPRIORITY OF INVENTION. Cf. FIRST-TO-FILE SYSTEM. \n[Cases: Patents (::::090(1).] \nfirst user. See SENIOR USER. \nFISA. abbr. FOREIGN INTELLIGENCE SURVEILLANCE \nACT. \nFISC. abbr. UNITED STATES FOREIGN INTELLIGENCE SUR\nVEILLANCE COURT. \nfisc (fisk), n. [Latinfiscusl The public treasury. -Also \nspelledfisk. \nfiscal (fis-kal), adj. (16c) 1. Of or relating to financial \nmatters <fiscal year>. 2. Ofor relating to public finances \nor taxation <the city's sound fiscal policy>. \nfiscal agent. See AGENT (2). \nfiscal officer. See OFFICER (1). \nfiscal period. See fiscal year under YEAR. \nfiscal year. See YEAR. \nfiscus (fis-kas), n. [Latin \"the basket\" or \"moneybag\"Jl. \nRoman law. The emperor's treasury. -In later Roman \ntimes, the term also included the treasury of the state. \nSee AERARIUM. 2. Hist. The treasury of a monarch \n(as the repository of forfeited property), a noble, or \nany private person. 3. The treasury or property of the \nstate as distinguished from the private property ofthe \nmonarch. Cf. HANAPER. \nfishery. (16c) 1. A right or liberty of taking fish. -Fishery \nwas an incorporeal hereditament under old English \nlaw. Also termed piscary. [Cases: Fish (::::03.] \nfree fishery. An exclusive right of fishery, existing by \ngrant or prescription from the monarch, to take fish \nin public water such as a river or an arm ofthe sea. \nAlso termed libera piscaria. \nright offishery. The right of persons to fish in public \nwaters, subject to federal and state restrictions and \nregulations, such as fishing seasons, licenSing, and \ncatch limits. \nseveralfishery. A right to fish in waters that are neither \non one's own land nor on the land of a person who \ngranted the right to fish. \n2. A fishing ground. \ncommon fishery. A fishing ground where all persons \nhave a right to take fish. Cf. common ofpiscary under \nCOMMON. \nfishing expedition. An attempt, through broad discov\nery requests or random questions, to elicit information \nAlso from another party in the hope that something relevant \nmight be found; esp., such an attempt that exceeds the \nscope ofdiscovery allowed by procedural rules. \ntermedfishing trip. [Cases: Federal Civil Procedure \n1272; Pretrial Procedure (::::028.] \n\"No longer can the time-honored cry of 'fishing exped i\ntion' serve to preclude a party from inquiring into the facts \nunderlying his opponent's case.\" Hickman v, Taylor, 329 \nU.S. 495, 507, 67 S.Ct. 385, 392 (1947). when thrown ashore or caught near the English coast, \nbecome Crown property. \nfisk. See FISC. \nfistuca. See FESTUCA. \nfithwite. See FUTHWITE. \nfitness for a particular purpose. See implied warranty of \nfitness for a particular purpose under WARRANTY (2). \nfitness hearing. See transfer hearing under HEARING. \nfit occupantis (fit ahk-ya-pan-tis). [Latin] Hist. It becomes \nthe property of the captor. \nFive Mile Act. Hist. A 1665 English act prohibiting \nPuritan ministers from teaching or coming within five \nmiles of any town where they had held office if they \nrefused to pledge that they would not seek to overturn \nthe Church of England. -The Act was repealed in \n1689. \n501 (c)(3) organization. See CHARITABLE ORGANIZA\nTION. \n529 plan. A state-sponsored plan administered by \ncertain investment companies to allow parents and \nothers to accumulate pretax income to pay for a benefi\nciary's (usu. a child's) college education. _ Anyone can \ncontribute to an account set up under 529 plan gUide\nlines. Withdrawals made for educational purposes are \ntaxed at the beneficiary's tax rate; other withdrawals \ntrigger an additional 10% penalty. IRC (26 USCA)  \n529. [Cases: Internal Revenue G-~4053.1 \nfix, n. (1816) I. A dose ofan illegal drug <the defendant \ntestified that he robbed the store because he needed to \nbuy a fix>. 2. A navigational reading. \nfix, vb. (14c) 1. To announce (an exchange price, interest \nrate, etc.) <interest was fixed at 6%>. 2. To establish \n(a person's liability or responsibility) <you cannot fix \nliability on the defendant without evidence>. 3. To \nagree with another to establish (a price for goods or \nservices), often illegally <representatives of Acme and \nWidget secretly met to fix prices for their companies' \nproducts>_ See PRICE-FIXING. 4. To influence (an action \nor outcome, esp. a sports event) by improper or illegal \nmeans <after losing the election, the challenger claimed \nthat the incumbent had fixed the election>. \nfix a day to which to adjourn. See adjourn to a day \ncertain under ADJOURN. \nfixation. Copyright. The process or result of recording a \nwork of authorship in tangible form so that it can be \ncopyrighted under federal law. -Fixation occurs, for \ninstance, when a live television broadcast is transmit\nted and Simultaneously recorded on videotape. [Cases: \nCopyrights and Intellectual Property 12(1).] \nfix bail, vb. (18c) To set the amount and terms of bail \n<after hearing the officer's testimony, the judge fixed \nbail for the defendant at $100,000>. See BAIL. \nfixed annuity. See ANNUITY. \nfixed asset. See capital asset (1) under ASSET. \n\nfixed-benefit plan. See defined pension plan under \nPENSION PLAK. \nfixed capital. See CAPITAL. \nfixed charge. Seefixed cost under COST (1). \nfixed cost. See COST (1). \nfixed debt. See DEBT. \nfixed-dollar investment. See INVESTMENT. \nfixed expense. See fixed cost under COST (1). \nfixed fee. See FEE (1). \nfixed in a tangible medium of expression. Copyright. \n(Of a work) embodied in a physical form that is made \nby the author or under the author's authority and that \nis either permanent or stable enough to be perceived, \nreproduced, or otherwise communicated. - A work \nconsisting of sounds, images, or both that is being \ntransmitted is \"fixed\" ifit is recorded at the same time \nthat it is transmitted. [Cases: Copyrights and Intellec\ntual Property 12(1).] \nfixed income. See INCOME. \nfixed-income investment. See INVESTMENT. \nfixed-income security. See SECURITY. \nfixed liability. See fixed debt under DEBT. \nfixed opinion. See OPINION (3). \nfixed price. See PRICE. \nfixed-price contract. See CONTRACT. \nfixed-rate mortgage. See MORTGAGE. \nfixed-return dividend. See DIVIDEND. \nfixed sentence. See SENTENCE. \nfixed sentencing. See mandatory sentencing under 5EK\nTENCING. \nfixed-term lease. Oil & gas. An oil-and-gas lease for a \nfixed period of time, lacking the indefinite \"so long \nthereafter\" provision commonly found in such leases. \nCf. HABENDUM CLAUSE. [Cases: Mines and Minerals \nfixed trust. See TRUST. \nfixing a jury. See JURY-FIXING. \nfixture. (18c) Personal property that is attached to land \nor a building and that is regarded as an irremovable \npart of the real property, such as a fireplace built \ninto a home. See UCC  9-102(a)(41) . Historically, \npersonal property becomes a fixture when it is physi\ncally fastened to or connected with the land or building \nand the fastening or connection was done to enhance \nthe utility ofthe land or building. Ifpersonal property \nhas been attached to the land or building and enhances \nonly the chattel's utility, it is not a fixture. For example, \nifbricks are purposely stacked to form a wall, a fixture \nresults. But if the bricks are merely stacked for conve\nnience until used for some purpose, they do not form a \nfixture. Also termed permanent fixture; immovable \nfixture. Cf. IMPROVEMENT. (Cases: Fixtures C=' 1.J \n\"A fixture can best be defined as a thing which, although \noriginally a movable chattel, is by reason of its annexation to, or association in use with land, regarded as a part of \nthe land .... The law of fixtures concerns those situations \nwhere the chattel annexed still retains a separate identity \nin spite of annexation, for example a furnace or a light \nfixture. Where the chattel annexed loses such identity, as \nin the case of nails. boards, etc., the problem becomes one \nof accession.\" Ray Andrews Brown. The Law of Personal \nProperty  137, at 698 & n.1 (2d ed. 1955). \n\"Broadly. goods can be classified for the purposes of [UCC \nl 9-313 into three categories: those that remain 'pure \ngoods,' those so substantially integrated into real estate as \nto become real estate themselves, 'pure realty,' and those \nin the gray area that would pass in a deed to the real estate \nbut that retain separate status as personal property. These \nlast are fixt"}
{"text": "the gray area that would pass in a deed to the real estate \nbut that retain separate status as personal property. These \nlast are fixtures.\" 4 James J. White & Robert S. Summers. \nUniform Commercial Code  33-8, at 338 (4th ed. 1995). \nagricultural fixture. A fixture erected on leased land \nfor use in agricultural pursuits, such as tilling the \nland or keeping farm animals . These fixtures mayor \nmay not be removable at the end of the lease. [Cases: \nFixtures C=' 16.] \ndomestic fixture. Removable personal property \nprovided by a tenant for the tenant's personal comfort \nand convenience while occupying leased premises. \n This term frequently applies to items such as large \nkitchen appliances. See tenant's fixture. Cf. ornamen\ntal fixture. [Cases: Fixtures (;::::::> 17, 18.3.] \nornamental fixture. Removable personal property that \na tenant attaches to leased premises to make them \nmore attractive and comfortable . This term some\ntimes overlaps with domestic fixture when an object \nis decorative as well as functional. See tenant's fixture. \nCf. domestic fixture. [Cases: Fixtures 18.3.] \ntenant's fixture. (1832) Removable personal property \nthat a tenant affixes to the leased property but that \nthe tenant can detach and take away. -Also termed \nmovable fixture. See domestic fixture; ornamental \nfixture. [Cases: Fixtures (;::;:> 13.] \ntrade fixture. (1839) Removable personal property that \na tenant attaches to leased land for business purposes, \nsuch as a display counter.  Despite its name, a trade \nfixture is not usu. treated as a fixture -that is, as \nirremovable. (Cases: Fixtures (;::~) 15.] \nfixture filing. (1972) The act or an instance of record\ning, in public real-estate records, a security interest in \npersonal property that is intended to become a fixture. \nSee UCC  9-102(a)(40) . The creditor files a financing \nstatement in the real-property records of the county \nwhere a mortgage on the real estate would be filed. \nA fixture-filing financing statement must contain a \ndeSCription of the real estate. (Cases: Secured Trans\nactions (;::::::>85, 94.] \nFJe. abbr. FEDERAL JUDICIAL CENTER. \nFKA. abbr. Formerly known as. Also rendered FIKIA; \nfka;f!kla. \nflag, n. (14c) 1. A usu. rectangular piece ofcloth, bunting, \nor other material decorated with a distinctive design \nand used as a symbol or Signal. 2. Something symbol\nized by the display of a flag, such as a ship or national\nity. See DUTY OF THE FLAG; LAW OF THE FLAG. \n\njlag ofconvenience. Int'llaw. A national flag flown by \na ship not because the ship or its crew has an affilia\ntion with the nation, but because the lax controls and \nmodest fees and taxes imposed by that nation have \nattracted the owner to register it there. After World \nWar II, shipowners began registering their ships in \ncountries such as Panama, Liberia, and Honduras to \navoid expensive and restrictive national regulation of \nlahor, safety, and other matters. Since the late 1950s, \nthere has been increasing international pressure to \nrequire a \"genuine link\" between a ship and its flag \nstate, but this reform has been slow in coming. \nAbbr. FOC. [Cases: Shipping \njlag oftruce. Int' flaw. A white flag used as a signal \nwhen one belligerent wishes to communicate with the \nother in the field . The bearers ofsuch a flag may not \nbe fired on, injured, or taken prisoner, as long as they \ncarry out their mission in good faith. \nflag desecration. The act of mutilating, defacing, \nburning, or flagrantly misusing a flag . Flag dese\ncration is constitutionally protected as a form of free \nspeech. United States v. Eichman, 496 U.S. 310, 110 S.Ct. \n2404 (1990). [Cases: United States (:::::>5.5.] \nflag mast. See MAST (1). \njlagrans bellum (flay-granz bel-;3m). [Latin \"raging war\"] \nA war currently being waged. \njlagrans crimen (flay-granz en-man). [Latin] A crime in \nthe very act of its commission or ofrecent occurrence; \na fresh crime. \njlagrante bello (fla-gran-tee bel-oh). [Latin] During an \nactual state ofwar. \njlagrante delicto. See IN FLAGRANTE DELICTO. \nflag state. Maritime law. The state under whose flag a \nship is registered . A ship may fly the flag ofone state \nonly. [Cases: Shipping ~2.J \nflag-state control. Maritime law. The exercise ofauthor\nity by a state over vessels that fly under its flag to ensure \ncompliance with domestic and international safety and \nenvironmental laws and regulations. Cf. COASTAL\nSTATE CONTROL; PORT-STATE CONTROL. [Cases: \nShipping~2.J \nflash-of-genius rule. Patents. The now-defunct prin\nciple that a device is not patentable if it was invented \nas the result of trial and error rather than as a \"flash \nof creative genius.\"  1he rule, which takes its name \nfrom language in Cuno Engineering Corp. v. Automatic \nDevices Corp., 314 U.S. 84, 91, 62 S.Ct. 37,41 (1941), was \nlegislatively overturned in 1952. 35 USCA  103. [Cases: \nPatents ~17.J \nflat, adv. 'Without an allowance or charge for accrued \ninterest <the stock was sold flat>. \nflat, n. A house in a larger block; an apartment. \nflat bond. See BOND (3). \nflat cancellation. See CANCELLATION. \nflat money. See fiat money under MONEY. \nflat reinsurance. See REINSURANCE. flat sentence. See determinate sentence under \nSENTENCE. \nflat tax. See TAX. \nflat time. See TIME. \nfledwite (fled-WIt). Hist. 1. A discharge from an amerce\nment (a fine) for a fugitive who turns himselfor herself \nin to the monarch. 2. The fine set on a fugitive as the \nprice for obtaining freedom. 3. The right to hold court \nand take an amercement for the offenses ofbeating \nand striking. -Also spelled jleduite. -Also termed \nflighwite. \nflee from justice. See FLIGHT. \nfleet insurance. See INSURANCE. \nFleet marriage. See MARRIAGE (1). \nFleet Prison. Hist. A large London jail best known for \nholding debtors and bankrupts in the 18th and 19th \ncenturies. Formerly standing beside the Fleet River, it \nwas opened in 1197 and operated almost continuously \nuntil it was closed and demolished in 1846. \nfleme (fleem). Hist. An outlaw; a fugitive bondman or \nvillein. Also spelled flem. Also termedflyma. \nflemene frit (flee-m;3n frit). Hist. The harboring or \naiding ofa fleme (a fugitive). -Also termed and spelled \njlernenes frinthe; flemensfirth; flyman frynth; flyrnena \nfrynthe. \nflemeswite (fleemz-wIt). Hist. The privilege to possess, \nor the actual possession of, the goods and fines of a \nfleme (a fugitive). \nFleta seu Commentarius Juris Anglicani (flee-t;:) syoo \nkom-an-tair-ee-as joor-is ang-gl;3-kay-m). Hist. 1he \ntitle ofan ancient treatise on English law, composed in \nthe 13th century and first printed in 1647. The work is \nlargely derivative, being based on Bracton's De Legibus \net Consuetudinibus. The unknown author may have \nbeen a judge or lawyer who wrote the treatise while in \nLondon's Fleet prison. Often shortened to Fleta. \nFLETC. abbr. FEDERAL LAW ENFORCEMENT TRAINING \nCENTER. \nflexdollars. Money that an employer pays an employee, \nwho can apply it to a choice of employee benefits. \nflexible constitution. See CONSTITUTION. \nflexible-rate mortgage. 1. See adjustable-rate mortgage \nunder MORTGAGE. 2. See renegotiable-rate mortgage \nunder MORTGAGE. \nflextime. (1972) A work schedule that employees have \ndiscretion to alter as long as they work their required \nnumber ofhours over a specified period (usu. a week). \nflexweek. A four-day workweek, usu. consisting offour \nlO-hour days. \nflier policy. See INSURANCE POLICY. \nflight. (bef. 12c) The act or an instance offleeing, esp. \nto evade arrest or prosecution <the judge denied bail \nbecause the defendant is a flight risk>. -Also termed \nflight from prosecution; flee from justice. \n\n715 FLRA \nflight easement. See avigational easement under \nEASEMENT. \nflight from prosecution. See FLIGHT. \nflighwite. See FLEDWITE. \nflim flam. (16c) A scheme by which a person is tricked \nout of money; CONFIDENCE GAME . The term origi\nnated as the name of a machine at the heart of a mid\n19th-century patent case, Sloat v. Spring, 22 F. Cas. 330 \n(C.C.E.D. Pa. 1850). -Also termed faith and trust. \nflip, vb. Slang. 1. To buy and then immediately resell secu\nrities or real estate in an attempt to turn a profit. 2. To \nrefinance consumer loans. 3. To turn state's evidence. \nSee TURN STATE'S EVIDENCE. \nflip mortgage. See MORTGAGE. \nflipping. Slang. l. lhe legitimate practice of buying \nsomething, such as goods, real estate, or securities, \nat a low price and qUickly reselling at a higher price. \n2. The fraudulent practice ofbuying property at a low \nprice, preparing a false appraisal or other documenta\ntion showing that property has a much greater value, \nand quickly reselling the property for an inflated price \nbased on the false document. \nfloat, n. (1915) 1. The sum ofmoney represented by out\nstanding or uncollected checks. \n\"'Float' refers to the artificial balance created due to \ndelays in processing cred its and debits to an account.\" In \nre Cannon, 277 F.3d 838, 843 (6th Cir. 2002). \n2. The delay between a transaction and the withdrawal \nof funds to cover the transaction. 3. The amount ofa \ncorporation's shares that are available for trading on \nthe securities market. \nfloat, vb. (1833) 1. (Of a currency) to attain a value in \nthe international exchange market solely on the basis \nof supply and demand <the IMF allowed the peso to \nfloat>. 2. To issue (a security) for sale on the market \n<PDQ Corp. floated a new series ofpreferred shares>. \n3. To arrange or negotiate (a loan) <the bank floated a \ncar loan to Alice despite her poor credit history>. \nfloatage. See FLOTSAM. \nfloater. See floating-rate note under NOTE (1). \nfloater insurance, See INSURANCE. \nfloating, adj. Not fixed or settled; fluctuating; variable. \nfloating capital. See CAPITAL. \nfloating charge. See floating lien under LIEN. \nfloating debt. See DEBT. \nfloating easement. See EASEMENT. \nfloating-interest bond. See BOND (3). \nfloating lien. See LIEN. \nfloating policy. See INSURANCE POLICY. \nfloating rate. See INTEREST RATE. \nfloating-rate note. See NOTE (1). \nfloating stock. See STOCK. \nfloating zone. See ZONE. floating zoning. See ZONING. \nfloodgate. (usu. pl.) (13c) A restraint that prevents a \nrelease of a usu. undesirable result <the new law opened \nthe floodgates oflitigation>. \nflood insurance. See INSL'RANCE. \nfloodplain. (19c) Land that is subject to floodwaters \nbecause ofits level topography and proximity to a river \nor arroyo; esp., levelland that, extending from a river\nbank, is inundated when the flow of water exceeds the \nchannel's capacity. \nfloodwater. See WATER. \nfloor. (18c) 1. Parliamentary law. The part of the hall \nwhere the members of a deliberative body meet to \ndebate issues and conduct business; esp., a legisla\nture's central meeting place where the members sit \nand conduct business, as distinguished from the gal\nleries, corridors, or lobbies <the Senate floor> <nom\ninations from the floor>. See assignment ofthe floor \nunder ASSIGNMENT (6); CLAIM THE FLOOR; HAVE THE \nFLOOR; OBTAIN THE FLOOR; ON THE FLOOR; privilege \nofthe floor under PRIVILEGE (6). [Cases: States <:::=32.] \n2. The trading area where stocks and commodities are \nbought and sold on an exchange <the broker placed his \nbuy order with the trader on the floor ofthe NYSE>. 3. \nThe lowest limit <the floor for that position is $25,000 \nper year>. \nfloor amendment. See AMENDMENT (3). \nfloor debate. See DEBATE. \nfloor-plan financing. See FINANCING. \nfloor planning. Seefloor-plan financing under FINANC\nING. \nfloor-plan rule. The principle by which a vehicle owner \nwho has placed for sale a vehicle in a retail dealer's \nshowroom is estopped to deny the title ofan innocent \npurchaser from the dealer in the ordinary course of \nret"}
{"text": "\nshowroom is estopped to deny the title ofan innocent \npurchaser from the dealer in the ordinary course of \nretail dealing. [Cases: Estoppel \nfloor price. See PRICE. \nfloor tax. See TAX. \nflotage. See FLOTSAM. \nflotation. See OFFERING. \nflotation cost. See COST (1). \nfloterial district. See DISTRICT. \nflotsam (flot-s;)m). (17c) Goods and debris, esp. those \nfrom a shipwreck, that float on the surface of a body \nof water. Also termedfloatage;flotage. Cf. JETSAM; \nLAGAK (1); WAVESON. \nflowage. (19c) The natural movement of water from a \ndominant estate to a servient estate . It is a privilege \nor easement of the owner ofthe upper estate and a ser\nvitude of the lower estate. [Cases: Waters and Water \nCourses G=:> 116-119, 161.] \nflowage easement. See EASEMENT. \nflower bond. See BOND (3). \nFtRA. abbr. FEDERAL LABOR RELATIONS AUTHORITY. \n\nFLSA 716 \nFLSA. abbr. FAIR LABOR STANDARDS ACT. \nfluctuating clause. See ESCALATOR CLAUSE. \nflyer policy. See flier policy under INSURANCE POLICY. \nfly for it. Hist. To flee after allegedly committing a crime. \n The ancient custom in criminal trials was to ask the \njury after its verdict even a not-guilty verdict -\"Did \nhe fly for it?\" The purpose was to enable the jury to find \nwhether the defendant had fled from justice. A defen\ndant who had fled would forfeit personal property, even \nthough found not guilty on the underlying charge. \nflyma. See HEME. \nflyman frynth. See FLEMENE FRIT. \nflymena frynthe. See FLEMENE FRIT. \nfly-power assignment. See ASSIGNMENT (2). \nflyspeck, n. Insurance. A potential trivial defect in title \nto real property, as a result of which a title-insurance \ncompany is likely to exclude any risk from that defect \nbefore issuing a policy. flyspeck, vb. \nFMC. abbr. FEDERAL MARITIME COMMISSION. \nFMCS. abbr. FEDERAL MEDIATION AND CONCILIATION \nSERVICE. \nFMCSA. abbr. FEDERAL MOTOR CARRIER SAFETY ADMIN\nISTRATION. \nFmHA. abbr. FARMERS' HOME ADMINISTRATION. \nFMLA. abbr. 1. FAMILY AND MEDICAL LEAVE ACT. 2. \nFEDERAL MARITIME LIEN ACT. \nFMS. abbr. FINANCIAL MANAGEMENT SERVICE. \nFMSF. abbr. FALSE MEMORY SYNDROME FOUNDATION. \nFMSHRC. abbr. FEDERAL MINE SAFETY AND HEALTH \nREVIEW COMMISSION. \nFMV. See fair market value under VALUE (2). \nFNMA. abbr. FEDERAL NATIONAL MORTGAGE ASSOCIA\nTION. \nFNS. abbr. FOOD, NUTRITION, AND CONSUMER SERVICE. \nFOB. abbr. FREE ON BOARD. \nFOB destination. See FREE ON BOARD. \nFOB shipping. See FREE ON BOARD. \nFOC. See flag ofconvenience under FLAG. \nfoedus (fee-das). [Latin \"league\"] Hist. Int'I law. A treaty; \nleague; compact. \nfoenus nauticum (fee-llds naw-ta-bm). [Latin] Civil \nlaw. :t\\autical or maritime interest; esp., an extraordi\nnary rate ofinterest charged to underwrite a hazardous \nvoyage. -Also termed usura maritima. \nfoesting-men. See HABENTES HOMINES. \nfoeticide. See FETICIDE. \nfoetus. See FETl:S. \nFOIA (foY-d). abbr. FREEDOM OF INFORMATION ACT. \nfoiable (foy-a-bal), adj. (1981) Slang. (Of documents) \nsubject to disclosure under the Freedom ofInforma\nHon Act (ForA). [Cases: Records C=>53.] folcland. See FOLKLAND. \nfoldage. See FALDAGE (1). \nfolio (foh-Iee-oh). [fro Latinfolium \"leaf\"] (15c) 1. Hist. \nA leaf of a paper or parchment, numbered only on the \nfront.  A folio includes both sides of the leaf, or two \npages, with the letters \"a\" and \"b\" (or \"r\" and \"v,\" signi\nfying recto and verso) added to show which of the two \npages was intended. 2. Rist. A certain number ofwords \nin a legal document, used as a method ofmeasurement. \n In England, 72 or 90 words formed a folio; in the \nUnited States, 100 words. folio, vb. \n\"Folio ... [a] certain number of words; in conveyances, etc., \nand proceedings in the High Court amounting to seventy\ntwo, and in parliamentary proceedings to ninety.\" Ivan \nHorniman, Wharton's Law Lexicon 368 (13th ed. 1925)_ \n3. A page number on a printed book. 4. A large book the \npages of which are formed by folding a sheet of paper \nonly once in the binding to form two leaves, making \navailable four pages (both sides of each leaf). \nfolkland. Hist. Land held by customary law, without \nwritten title. -Also spelled foleland. Cf. BOOKLAND; \nLOANLAND. \n\"In all discussions on Anglo-Saxon law bookland is con\ntrasted with 'folkland: The most recent and probably \nthe most correct view is that folkland simply means land \nsubject to customary law, as opposed to land which was \nheld under the terms of a charter. It would seem that the \nview that folkland means public land or land of the people, \nthough till recently generally accepted, must be abandoned \nas resting on insufficient evidence. It appears that folkland \nmight either be land occupied by indiViduals or families \nor communities, or it might be waste or unoccupied land. \nThe only characteristic which can be universally ascribed \nto it is, that it is not bookland.\" Kenelm E. Digby, An Intro\nduction to the History of the Law of Real Property 15 (5th \ned.1897). \nfolk Jaws. See LEGES BARBARORUM. \nfolkmote. See HALLMOTE (3). \nfollow, vb. (bef. 12c) To conform to or comply with; \nto accept as authority <the lawyer assumed that the \nSupreme Court would follow its own precedent>. \nfollowing-form policy. See INSURANCE POLICY. \nfollow-the-fortunes doctrine. Insurance. The principle \nthat a reinsurer must reimburse the reinsured for its \npayment of settled claims as long as the reinsured's \npayments were reasonable and in good faith . This rule \nprevents a reinsurer from second-guessing a reinsured's \ngood-faith decision to pay a claim arguably not covered \nunder the original insurance policy. -Often shortened \nto follow the fortunes. [Cases: Insurance 3615.] \nfollow-the-settlements doctrine. Insurance. The prin\nciple that an indemnitor must accede to the actions of \nthe indemnitee in adjusting and settling claims; esp., \nthe principle that a reinsurer must follow the actions of \nthe reinsured. [Cases: Insurance C=>3615.] \nfons juris. See SOURCE OF LAW. \nFood and Drug Administration. A division of the U.S. \nPublic Health Service in the Department ofHealth and \nHuman Services responsible for ensuring that food is \nsafe, pure, and wholesome; that human and animal \n\n717 force \ndrugs, biological products, and medical devices are \nsafe and effective; and that certain other products, such \nas electronic products that emit radiation, are safe. \nCreated by the Pure Food and Drug Act of 1906, the \nagency today enforces the Food, Drug, and Cosmetic \nAct of 1938 and related statutes and regulations. 21 \nUSCA  301 et seq. Abbr. FDA. [Cases: Food \n1.7; Health ~302.] \nfood-disparagement law. See AGRICULTURAL-DISPAR\nAGEMENT LAW. \nFood, Drug, and Cosmetic Act. A 1938 federal law pro\nhibiting the transportation in interstate commerce of \nadulterated or misbranded food, drugs, or cosmetics. \n-The Act superseded the Pure Food and Drug Act of \n1906. Abbr. FDCA. [Cases: Food Health \n302.] \nFood, Nutrition, and Consumer Service. An agency \nin the U.S. Department of Agriculture responsible \nfor reducing hunger by educating children and needy \npeople about healthy diets and by proViding them \naccess to food through the food-stamp and other \nprograms. -Abbr. FNS. \nFood Safety and Inspection Service. An agency in the \nU.S. Department ofAgriculture responsible for inspect\ning all types of meat, poultry, eggs, and related products \nto ensure safety and accurate labeling. Abbr. FSIS. \n[Cases: Food c>1.7.] \nfool's test. The test formerly used by federal courts and by \nthe Federal Trade Commission to determine whether \nan advertisement is deceptive, by asking whether even \na fool might believe it. -The name comes from Isaiah: \n\"wayfaring men, though fools, shall not err therein.\" \nThe test was announced in Charles ofthe Ritz Distrib. \nCorp. v. Fed. Trade Comm'n, 143 F.2d 676 (2d Cir. 1944). \nIt was replaced by a \"reasonable consumer\" test by the \nFTC in 1984. Cf. REASONABLE-CONSUMER TEST. [Cases: \nAntitrust and Trade Regulation (;:::, 161.] \nfoot acre. See ACRE. \nfootage drilling contract. Oil & gas. A drilling contract \nunder which the drilling contractor is paid to drill to \na specified formation or depth, is paid a set amount \nper foot drilled, and is given broad control over how \nto do the work. -The risk of unexpected delays, as \nwell as most liabilities, is on the contractor rather \nthan the lease operator under this type of contract. \nCf. DAY WORK DRILLING CONTRACT; turnkey drilling \ncontract DRILLING CONTRACT. \nfoot-frontage rule. Tax. A method of property-tax \nassessment used esp. to pay for improvements such \nas sidewalks and sewers that considers only the lot's \nactual frontage on the line of improvement and ignores \nthe depth of the lot and the number and character of \nother improvements or their value. \nfootgeld (fuut-geld). Hist. In forest law, a fine imposed \nfor not making a dog incapable of hunting by either \ncutting out the ball ofits paw or cutting off its claws. -\nIhe cutting was known as \"expeditating\" the dog. To be \"free\" or \"quit\" of footgeld was to be relieved of the \nduty to expeditate one's dog. \nfoot of the fine. His!. At common law, the fifth and last \npart of a fine of conveyance. -This part included the \nentire matter, reciting the names ofthe parties and the \ndate, place, and before whom it was acknowledged or \nlevied. -Also termed chirograph. See FINE (1). \nfootprint. (16c) l. Evidence. The impression made on a \nsurface of soil, snow, etc., by a human foot or a shoe, \nboot, or any other foot covering. [Cases: Criminal \nLaw ~475.6.1 2. Real estate. The shape of a build\ning's base. \nfor account of. (1826) A form of indorsement on a note \nor draft introducing the name ofthe person entitled to \nreceive the proceeds. \nForaker Act (for-<'l-k<'Ir). The original (1900) federal law \ni providing Puerto Rico with a civil government, but' keeping it outside the u.s. customs area. See 48 USCA \n 731-752. \nforaneous (fCl-ray-nee-Cls), adj. [fr. Latin forum \"market\nplace\"] Of or relating to a court or marketplace. \nforaneus (f<'l-ray-nee-Cls), n. [fro Latin joris \"without\"] \nHist. A foreigner; an alien; a stranger. \nforathe (for-ayth). Hist. In forest law, one who can make \nan oath or bear witness for another. \nforbannitus (for-ban-<'l-t<\"ls). [Law Latin] Hist. l.A pirate; \nan outlaw. 2. One who was banished. -Also termed \nforisbanitus. \nforbarre (for-bahr), vb. [Law French] Hist. To preclude; \nto bar out; to estop. \nforbatudus (for-bd-t[y]oo-dds). [Law Latin] Hist. A \nperson who provokes and dies in - a fight. \nforbearance, n. (16c) 1. The act of refraining from enforc\ning a right, obligation, or debt. -Strictly speaking, \nforbearance denotes an intentional negative act, while \nomission or neglect is an unintentional negative act. 2. \nThe act of tolerating or abstaining. forbear, vb. \nforbidden degree. See prohibited degree under DEGREE. \nforbidden departure. See DEPARTURE. \nfor cause. For a legal reason or ground. -The phrase \nexpresses a common standard governing the removal \nof a civil servant or an employee under contract. for\ncause, adj. \nfor-cause, n' See challenge for cause under CHALLENGE \n(2). \nforce, n. (14c) Power, violence, or pressure directed \nagainst a person or thing. \nactual force. (16c) Force consisting in a physical act, \nesp. a violent act directed against a robbery victim. \nAlso termed physical jorce. [Cases: Robbery (;:::)6.] \nconstructive force. (1802) Threats and intimidation to \ngain control or prevent resistance; esp., threatening \nwords or gestures directed against a robbery victim. \n[Cases: Robbery~6.1 \n\n718 force \ndeadly force. (16c"}
{"text": ". \n[Cases: Robbery~6.1 \n\n718 force \ndeadly force. (16c) Violent action known to create a \nsubstantial risk of causing death or serious bodily \nharm. _Generally, a person may use deadly force in \nself-defense or in defense of another only if retali\nating against another's deadly force. -Also termed \nextreme force. Cf. nondeadly force. \n\"Under the common law the use of deadly force is never \npermitted for the sole purpose ofstopping one fleeing from \narrest on a misdemeanor charge ....\" Rollin M. Perkins & \nRonald N. Boyce, Criminal Law 1098 (3d ed. 1982). \nexcessive force. (16c) Unreasonable or unnecessary \nforce under the circumstances. \nextremeforce. See deadly force. \nindependent force. Force not stimulated by a situation \ncreated by the actor's conduct. \ninterveningforce. Force that actively produces harm \nto another after the actor's negligent act or omission \nhas been committed. \nirresistible force. (16c) Force that cannot be foreseen or \ncontrolled, esp. that which prevents the performance \nofa contractual obligation; FORCE MAJEURE. [Cases: \nContracts (;=>309(1).] \nlegal force. See reasonable force. \nnondeadly force. (1961) 1. Force that is neither intended \nnor likely to cause death or serious bodily harm; force \nintended to cause only minor bodily harm. 2. A threat \nof deadly force, such as displaying a knife. Also \ntermed moderate force. Cf. deadly force. \nphysical force. See actual force. \nreasonable force. (17c) Force that is not excessive and \nthat is appropriate for protecting oneself or one's \nproperty. -The use of reasonable force will not \nrender a person criminally or tortiously liable. Also \ntermed legal force. \n\"One does not use jeweller's scales to measure reasonable \nforce.\" Reed v. Wastie, [1972] Crim. L.R. 221 (per Lane, J.) \n(as quoted in Glanville Williams, Textbook ofCriminal Law \n451 (1978)). \nunlawful force. (16c) Force that is directed against a \nperson without that person's consent, and that is a \ncriminal offense or an actionable tort. Model Penal \nCode  3.11. [Cases: Assault and Battery(;=> 1,47.] \nforce, vb. (14c) To compel by physical means or by legal \nrequirement <Barnes used a gun to force Jillian to use \nher ATM card> <under the malpractice policy, the \ninsurance company was forced to defend the doctor>. \nforce and arms. Hist. Violence. _ The phrase was used \nin common-law pleading in declarations of trespass \nand in indictments to denote that the offending act was \ncommitted violently. See VI ET ARMIS. \nforce and effect, n. (16c) Legal efficacy <mailing the brief \nhad the force and effect of filing it with the clerk>. _ \n1he term is now generally regarded as a redundant \nlegalism. \nforced abortion. See ABORTION. \nforced conversion. See CONVERSION (1). forced exile. See EXILE. \nforced heir. See HEIR. \nforced labor. lnt'llaw. Work exacted from a person \nunder threat of penalty; work for which a person has \nnot offered himself or herself voluntarily. _ Under the \nU.N. Convention on Civil and Political Rights (article \n8), exemptions from this definition include (1) penalties \nimposed by a court, (2) compulsory military service, \n(3) action taken in an emergency, (4) normal civil obli\ngations, and (5) minor communal services. Also \ntermed compulsory labor. \nforced \t pooling. See compulsory pooling under \nPOOLING. \nforced portion. See LEGITIME. \nforced resettlement.lnt'llaw. The involuntary transfer \nof individuals or groups within the jurisdiction of a \ncountry whether inside its own territory or into or out \nofoccupied territory. \nforced respite. See RESPITE. \nforced sale. See SALE. \nforced share. See ELECTIVE SHARE. \nforced unitization. See compulsory unitization under \nUNITIZATION. \nforce majeure (fors ma-zhar). [Law French \"a superior \nforce\"] (1883) An event or effect that can be neither \nanticipated nor controlled. _ The term includes both \nacts of nature (e.g., floods and hurricanes) and acts of \npeople (e.g., riots, strikes, and wars). -Also termed \nforce majesture; vis major; superior force. Cf. ACT OF \nGOD; VIS MAJOR (1). \nforce-ma;enre clause. (1916) A contractual provision \nallocating the risk of loss if performance becomes \nimpossible or impracticable, esp. as a result of an event \nor effect that the parties could not have anticipated or \ncontrolled. [Cases: Contracts (;=>309(1).] \nforce-the-vote provision. Mergers & acquisitions. A con\ntractual clause requiring a company's board of direc\ntors to approve a merger transaction and submit it to \nthe shareholders, who then vote on the merger regard\nless ofwhether the board recommends that the share\nholders approve it when the vote is held. \nforcible, adj. (15c) Effected by force or threat of force \nagainst opposition or resistance. \n\"[In the law of trespass, the] term 'forcible' is used in a \nwide and somewhat unnatural sense to include any act \nof physical interference with the person or property of \nanother. To lay one's finger on another person without \nlawful justification is as much a forcible injury in the eye \nof the law, and therefore a trespass, as to beat him with \na stick. To walk peacefully across another man's land is a \nforcible injury and a trespass, no less than to break into \nhis house vi et armis. So also it is probably a trespass \ndeliberately to put matter where natural forces will take it \non to the plaintiff's land.\" R.F.v. Heuston, Salmond on the \nLaw ofTorts 5 (17th ed. 1977). \nforcible detainer. 1. The wrongful retention of posses\nsion ofproperty by one originally in lawful possession, \n\n719 \noften with threats or actual use ofviolence. 2. FORCIBLE \nENTRY AND DETAINER (2). \nforcible entry. (17c) 1. The act or an instance ofviolently \nand unlawfully taking possession of lands and tene\nments against the will of those in lawful possession. \n2. The act of entering land in another's possession by \nthe use of force against another or by breaking into \nthe premises. \nforcible entry and detainer. (17c) 1. The act of violently \ntaking and keeping possession oflands and tenements \nwithout legal authority. [Cases: Forcible Entry and \nDetainer C=:>4.] \n\"To walk across another's land, or to enter his building, \nwithout privilege, is a trespass, but this in itself, while a \ncivil wrong, is not a crime. However, if an entry upon real \nestate is accomplished by violence or intimidation, or if \nsuch methods are employed for detention after a peaceable \nentry, there is a crime according to English law, known \nas forcible entry and detainer. This was a common-law \noffense in England, although supplemented by English \nstatutes that are old enough to be common law in this \ncountry.... It has sometimes been said that there are \ntwo separate offenses (1) forcible entry and (2) forcible \ndetainer. This may be true under the peculiar wording of \nsome particular statute, but in general it seems to be one \noffense which may be committed in two different ways.\" \nRollin M. Perkins & Ronald N. Boyce, Criminal Law487-88 \n(3d ed. 1982). \n2. A quick and simple legal proceeding for regaining \npossession of real property from someone who has \nwrongfully taken, or refused to surrender, posses\nsion. -Also termed forcible detainer. See EVICTION; \nEJECTMENT. [Cases: Forcible Entry and Detainer C=:>6; \nLandlord and Tenant C=:>287.] \n\"Forcible entry and detainer is a remedy given by statute \nfor the recovery of possession of land and of damages for \nits detention. It is entirely regulated by statute, and the \nstatutes vary materially in the different states.\" Benjamin J. \nShipman, Handbook ofCommon-Law Pleading  74, at 188 \n(Henry Winthrop Ballantine ed., 3d ed. 1923). \nforeclose, vb. (lSc) To terminate a mortgagor's interest in \nproperty; to subject (property) to foreclosure proceed\nings. [Cases: Mortgages C-~J380.] \n\"Should the mortgagor default in his obligations under \nthe mortgage, the mortgagee will seek to 'foreclose', \nI.e., 'end' or 'close' the mortgagor's rights in the security. \nAfter taking the appropriate statutory steps, the mort\ngagee will sell the mortgaged property. If the sale is to \nsomeone other than the mortgagor or the mortgagee (a \n'third party' sale) the proceeds will go: first, to pay the \ncosts of the foreclosure proceedings; second, to payoff \nthe principal indebtedness and accrued interest; third, if \nthere is anything left over (I.e., any 'equity' existed) this is \npaid to the mortgagor.\" Edward H. Rabin, Fundamentals of \nModern Real Property Law 1087 (1974). \nforeclosure (for-kloh-zhdr)_ (18c) A legal proceeding to \nterminate a mortgagor's interest in property, instituted \nby the lender (the mortgagee) either to gain title or to \nforce a sale in order to satisfy the unpaid debt secured \nby the property. Cf. REPOSSESSION. [Cases: Mortgages \n(::::: 380.] \nequitable foreclosure. (1876) A foreclosure method \nin which the court orders the property sold, and \nthe proceeds are applied first to pay the costs of the foreign \nlawsuit and sale and then to the mortgage debt. -Any \nsurplus is paid to the mortgagor. [Cases: Mortgages \n(:::::>386.) \njudicial foreclosure. (1839) A costly and time-con\nsuming foreclosure method by which the mortgaged \nproperty is sold through a court proceeding requir\ning many standard legal steps such as the filing of a \ncomplaint, service ofprocess, notice, and a hearing. \nJudicial foreclosure is available in all jurisdictions and \nis the exclusive or most common method of foreclo\nsure in at least 20 states. [Cases: Mortgages C=:>380.] \nmortgage foreclosure. (1842) A foreclosure ofthe mort\ngaged property upon the mortgagor's default. [Cases: \nMortgages C=:>380, 394.] \nnonjudicial foreclosure. (1916) 1. See power-of-sale \nforeclosure. 2. A foreclosure method that does not \nrequire court involvement. [Cases: Mortgages \n329.) \npower-of-sale foreclosure, (1946) A foreclosure process \nby which, according to the mortgage instrument and a \nstate statute, the mortgaged property is sold at a non\njudicial public sale by a public official, the mortgagee, \nor a trustee, without the stringent notice require\nments, procedural burdens, or delays of a judicial \nforeclosure. _ Power-of-sale foreclosure is authorized \nand used in more than half the states. Also termed \nnonjudicial foreclosure; statutory foreclosure. [Cases: \nMortgages C=:>329.] \nstrict foreclosure. (1823) A rare procedure that the \nmortgagee title to the mortgaged property -without \nfirst conducting a sale -after a defaulting mortgagor \nfails to pay the mortgage debt within a court-speci\nfied period. _ The use of strict foreclosure is limited \nto special situations except in those few states that \npermit this remedy generally. [Cases: Mortgages C=:> \n384.] \ntax foreclosure. (1869) A public authority's seizure \nand sale ofproperty for nonpayment oftaxes. [Cases: \nTaxation (:::::2922.] \nforeclosure decree. (1847) 1. Generally, a decree ordering \na judicial foreclosure sale. 2. A decree ordering the \nstrict foreclosure of a mortgage. [Cases: Mortgages \n483_] \nforeclosure sale. See SALE_ \nforegift. Rist. A premium paid for a lease in addition to \nrent; forehand rent. See FOREHAND RENT (1). \nforegoer (for-goh-dr). (lSc) Hist. A royal purveyor; \na person who buys provisions for the Crown at an \nappraised (that is, reduced) price while the royal house\nhold travels about the country. \nforehand rent. Hist. 1. A premium paid by the tenant on \nthe making of a lease, esp. on the renewal of a lease by \nan ecclesiastical corporation. 2. Generally, rent payable \nbefore a lease begins. \nforeign, adj. (13c) 1. Of or relating to another country \n<foreign affairs>. 2. Ofor relating to another jurisdic\n\ntion <the Arizona court gave full faith and credit to the \nforeign judgment from Mississippi>. -foreigner, n. \nforeign administration. See ancillary administration \nunder ADMINISTRATION. \nforeign administrator. See ADMINISTRATOR (2). \nforeign agent. See AGENT (2). \nForeign Agricultural Service. An agency in the U.S. \nDepartment of Agriculture responsible for maintain\ning a worldwide agricultural intelligence and reporting \nsystem. -Abbr. FAS. \nforeign apposer. See APPOSER. \nforeign assignment. See ASSIGNMENT (2). \nforeign bill. See BILL (6). \nforeign bill of exchange. See foreign draft under \nDRAFT. \nforeign bond. See BOND (3). \nforeign consulate. See CONSULATE. \nforeign corporation. See CORPORATION. \nForeign Corrupt Practices Act. A 1977 federal statute \nthat prohibits United States citizens from offering or \npaying bribes to foreign officials in order to obtain or \nmaintain a commercial interest, and requires compa\n"}
{"text": "from offering or \npaying bribes to foreign officials in order to obtain or \nmaintain a commercial interest, and requires compa\nnies whose securities are listed in the United States to \ncomply with certain accounting practices. 15 USCA  \n78dd-l, et. seq. [Cases: BriberyC:::> 1(1).] \nforeign county. See COUNTY. \nforeign court. See COURT. \nforeign creditor. See CREDITOR. \nforeign divorce. See DIVORCE. \nforeign document. See DOCUMENT. \nforeign domicile. See DOMICILE. \nforeign dominion. Hist. A country that at one time was \na foreign state but that by conquest or cession has come \nunder the British Crown. \nforeign draft. See DRAFT. \nforeign-earned-income exclusion. (1964) The Internal \nRevenue Code provision that excludes from taxation \na limited amount of income earned by nonresident \ntaxpayers outside the United States. -The taxpayer \nmust elect between this exclusion and the foreign tax \ncredit. IRC (26 USCA)  91l(a), (b). See foreign tax \ncredit under TAX CREDIT. [Cases: Internal Revenue \nC:::>4095-4122.J \nForeign Emoluments Clause. The clause of the U.S. \nConstitution prohibiting titles of nobility and the \nacceptance of a gift, title, or other benefit from a foreign \npower. U.S. Const. art. I,  9, cl. 8. -Sometimes short\nened to Emoluments Clause. \nforeigner. (ISc) 1. Hist. A person not an inhabitant ofa \nparticular city under discussion. 2. A citizen of another \ncountry. \nforeign exchange. (17c) 1. The process of making inter\nnational monetary transactions; esp., the conversion of one currency to that of a different country. 2. Foreign \ncurrency or negotiable instruments payable in foreign \ncurrency, such as traveler's checks. \nforeign-exchange market. See MARKET. \nforeign-exchange rate. The rate at which the currency of \none country is exchanged for the currency of another \ncountry. \nforeign guardian. See GUARDIAN. \nforeign immunity. See IMMUNITY (1). \nForeign Intelligence Surveillance Act. A 1978 federal \nstatute that established new procedures and courts to \nauthorize electronic surveillance of foreign intelligence \noperations in the United States . 1be Act established \nthe Foreign Intelligence Surveillance Court and the \nForeign Intelligence Court of Review. It allows the \nAttorney General to obtain warrants that authorize \nelectronic surveillance of suspected foreign-intelli\ngence operatives without public disclosure and without \na showing of probable cause that criminal activity is \ninvolved. Abbr. FISA. [Cases: War and National \nEmergency \nForeign Intelligence Surveillance Court. See U~ITED \nSTATES FOREIGN INTELLIGENCE SURVEILLANCE COURT. \nForeign Intelligence Surveillance Court ofReview. See \nUNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE \nCOURT OF REVIEW. \nforeign judgment. See JUDGMENT. \nforeign jurisdiction. See Il:RISDICTION. \nforeign jury. See JURY. \nforeign law. 1. Generally, the law ofanother country. 2. \nConflict oflaws. The law ofanother state or ofa foreign \ncountry. \nforeign minister. See MINISTER. \nforeign object. (l7c) An item that appears where it does \nnot belong; esp., an item introduced into a living body, \nsuch as a sponge that is left in a patient's body during \nsurgery. _ Ihe discovery rule usu. tolls the statute of \nlimitations for a medical-malpractice claim based on \na foreign object. Also termed foreign substance. See \nFOREIGN SUBSTANCE. [Cases: Health C=;666; Limita\ntion ofActions C-~9S(l3).] \nforeign port. See PORT. \nforeign-relations law. See INTERNATIONAL LAW. \nforeign service. (19c) 1. UNITED STATES FOREIGN \nSERVICE. 2. FORINSEC SERVICE. 3. Rist. A feudal service \nperformed by a tenant outside of the fee. \nForeign Service Institute. A unit in the US. Department \nof State responsible for training officers and employ\nees ofthe Foreign Service as well as personnel in other \nagencies. Abbr. FSI. \nforeign situs trust. See TRUST. \nForeign Sovereign Immunities Act. A federal statute \nproviding individuals with a right of action against \nforeign governments, under certain circumstances, to \nthe extent the claim arises from the private, as opposed \n\n721 \nto the public, acts of the foreign state. 28 USCA  \n1602-161l. Abbr. FSIA. See RESTRICTIVE PRI~CIPLE \nOF SOVEREIGN IMMU~ITY. [Cases: International Law \n10.31-10.39.] \n\"The Foreign Sovereign Immunities Act (FSIA) of 1976 was \ndesigned to provide a set of comprehensive regulations \ngoverning access to federal and state courts in this country \nfor plaintiffs asserting claims against foreign states and \ninstrumentalities thereof. The enactment of this legislation \nresponded to the reality that increased contacts between \nAmerican citizens and companies on the one hand, and \nforeign states and entities owned by foreign states on the \nother, as well as a constantly expanding range of govern\nment activities, had created the need for judicial fora in \nthis country to resolve disputes arisi ng out of these activi\nties.\" 14A Charles Alan Wright et aI., Federal Practice and \nProcedure  3662, at 160-61 (2d ed. 1998). \nforeign state. 1. A foreign country. 2. An American state \ndifferent from the one under discussion. \nforeign substance. (17c) A substance found in a body, \norganism, or thing where it is not supposed to be found \n<the plaintiff sued because she thought she saw -and \nlater confirmed that she had found - a foreign sub\nstance (namely, a piece of glass) in her hamburger>. \nforeign support order. See SUPPORT ORDER. \nforeign tax credit. See TAX CREDIT. \nforeign trade zone. See FREE-TRADE ZONE. \nforeign trust. Seeforeign-situs trust under TRUST. \nforeign vessel. See VESSEL. \nforeign voyage. See VOYAGE. \nforeign water. See WATER. \nforejudge, vb. 1. To prejudge; to judge beforehand. 2. \nLoosely, FORJUDGE. \nforeman. (15c) 1. See presidingjuror under JUROR. 2. A \nperson who directs the work ofemployees; an overseer, \ncrew chief, or superintendent. foremanship, n. \nforematron. Hist. The presiding juror in an all-woman \njury. \nforensic (fCl-ren-sik also -zik), ad). [fro Latin forensis \n\"public,\" fro Latinforum \"court\"] (17c) 1. Used in or \nsuitable to courts of law or public debate <forensic \npsychiatry>. 2. Rhetorical; argumentative <Tietjen's \nconsiderable forensic skills>. 3. Hist. Exterior; foreign. \nSee FORENSIS. \nforensic engineering. (1976) 'The use of engineering \nprinciples or analysis in a lawsuit, usu. through an \nexpert witness's testimony. \nforensic evidence. See EVIDENCE. \nforensic linguistics. (1973) The science or technique \nthat evaluates the linguistic characteristics of written \nor oral communications, usu. to determine identity or \nauthorship. \nforensic medicine. (1845) The branch of medicine that \nestablishes or interprets evidence using scientific \nor technical facts, such as ballistics. -Also termed \nmedical jUrisprudence. forestalling the market \nforensic pathology. (1959) The specific branch of \nmedicine that establishes or interprets evidence deating \nwith diseases and disorders ofthe body, esp. those that \ncause death. \nforensics (fCl-ren-siks also -ziks). (1963) 1. The art of \nargumentative discourse. 2. The branch oflaw enforce\nment dealing with legal evidence relating to firearms \nand ballistics. \nforensic services. Hist. In feudal law, the payment of \nextraordinary aids or the rendition of extraordinary \nmilitary services. \nforensis (f~-ren-sis), ad). [fro Latin forum \"court\"] Roman \nlaw. Of or relating to a court oflaw . An advocate, for \nexample, was sometimes known as a homo forensis. See \nFORENSIC. \nforeperson. See presidingjuror under JUROR. \nforeseeability, n. (1928) The quality of being reasonably \nanticipatable . Foreseeability, along with actual cau\nsation, is an element ofproximate cause in tort law. \nforeseeable, ad). \nforeseeable damages. See DAMAGES. \nforest, n. (13c) Hist. A tract of land, not necessarily \nwooded, reserved to the king or a grantee, for hunting \ndeer and other game. \nforestall (for-stawl), vb. (bef. 12c) 1. To prevent (an event, \nresult, etc.). 2. His/. To intercept or obstruct (as a person \non a royal highway). 3. Hist. To prevent (a tenant) from \ncoming on the premises. 4. Hist. To intercept (as a deer \nreentering a forest). 5. Hist. To buy (goods) for the \npurpose of reselling at a higher price. -At common \nlaw, this was an indictable offense. See FORESTALLING \nTHE MARKET. -Also spelled forstall. \n\"[AJ growing town in England might have placed a higher \n\\lalue on grain than a neighboring town with a static popula\ntion, yet traditional patterns of business might continue to \nsend the same amount of grain to both towns. A forestaller \nwould bid against the traditional buyer in the smaller town, \nobtain the grain, and resell it where it could command a \nhigher price in the larger town. Forestalling did not harm \nallocative efficiency. Indeed, it was a highly effective means \nof reallocating scarce goods to their most highly valued \nuses --the \\lery definition of efficiency. Rather, forestalling \nwas objectionable, and thus prohibited as a restraint of \ntrade, because the bidding process necessarily resulted in \nhigher grain prices in many parts of the country.\" Stephen \nF. Ross, Principles ofAntitrust Law 12 (1993). \nforestaller, n. 1. A person who forestalls. 2. Hist. One \nguilty of the offense of forestalling. See FORESTALL \n(5). \nforestalling the market. Hist. 1. The taking possession \nof commodities on their way to the market. 2. The \npurchase of goods on their way to the market, with \nthe intention ofreselling them at a higher price. 3. The \ndeterrence of having sellers offer their goods at market \nat a reasonable price; specif., the crime of inhibiting \nnormal trading by persuading sellers to raise their \nprices on goods or dissuading them from offering \nthe goods in a particular market, or by purchasing as \nmuch as possible of certain goods before they reach the \nmarket to drive up prices. \n\nforest law. Rist. The body oflaw protecting game and \npreserving timber. \nforestry right. A land interest under which a person has \nthe right to enter the land, establish and maintain a \ncrop of trees, harvest them, and construct works for \nthat purpose. [Cases: Logs and Logging Cr~L] \nForest Service. An agency in the U.S. Department of \nAgriculture responsible for managing the nation's \nnational forests . The Forest Service also operates the \nYouth Conservation Corps and the Volunteers in the \n~ational Forest programs. [Cases: Woods and Forests \n8.] \nforfeiture (for-fi-ch;lr), n. (14c) 1. The divestiture of \nproperty without compensation. 2. The loss ofa right, \nprivilege, or property because ofa crime, breach ofobli\ngation, or neglect of duty. Title is instantaneously \ntransferred to another, such as the government, a cor\nporation, or a private person. [Cases: Controlled Sub\nstances C=:o 162; Forteitures C=:o 1.] 3. Something (esp. \nmoney or property) lost or confiscated by this process; \na penalty. -forfeit, vb. -forfeitable, adj. \ncivil forfeiture. (1867) An in rem proceeding brought \nby the government against property that either facili\ntated a crime or was acquired as a result of criminal \nactivity. [Cases: Controlled Substances (:::;) 162; For\nfeitures C=:o L] \ncriminal forfeiture. (1866) A governmental proceeding \nbrought against a person to seize property as punish\nment for the person's criminal behavior. [Cases: Con\ntrolled Substances Forfeitures Cr~,L] \nforfeiture ofmarriage. Hist. A penalty exacted by a lord \nfrom a ward who married without the lord's consent. \n The penalty was a money payment double the value \nthat the marriage would otherwise have been worth \nto the lord. \nforfeiture ofpay. Military law. A punishment depriv\ning the guilty party ofall or part ofhis or her military \npay. \n4. A destruction or deprivation ofsome estate or right \nbecause of the failure to perform some contractual obli\ngation or condition. \n\"[When a condition] is not likely to occur until the obligee \nhas relied on the expected exchange by, for example, per\nforming or preparing to perform, ... nonoccurrence of the \ncondition results in the obligee's loss of its reliance interest \nwhen the obligee loses the right to that exchange. This loss \nof reliance interest is often described as 'forfeiture.'\" E. \nAllan Farnsworth, Contracts  8.4, at 533 (3d ed. 1999). \nforfeiture clause. (1804) 1. A contractual provision \nstating that, under certain circumstances, one party \nmust forfeit something to the other . Forfeiture clauses \nare often held to be void, although they are similar to \nconditions and other qualifications of estates in land. \n2. NO-CONTEST CLAUSE. \nforfeiture restraint. An attempt by an otherwise effec\ntive conveyance or contract to cause a later conveyance \nto terminate or to make some or all ofthe later conveyance subject to termination"}
{"text": "\ntive conveyance or contract to cause a later conveyance \nto terminate or to make some or all ofthe later conveyance subject to termination. Sometimes shortened to \nrestraint. [Cases: Deeds Property C=:o n.] \nforgavel (for-gav-dl). Hist. A small reserved rent in \nmoney; quit-rent. \nforgery, n. (16c) 1. lhe act offraudulently making a false \ndocument or altering a real one to be used as ifgenuine \n<the contract was void because ofthe seller's forgery>. \n Though forgery was a misdemeanor at common law, \nmodern statutes typically make it a felony. Also \ntermed false making. [Cases: Forgery C=:o 1.] 2. A false \nor altered document made to look genuine by someone \nwith the intent to deceive <he was not the true property \nowner because the deed was a forgery>. Also termed \nfake. 3. Under the Model Penal Code, the act offraudu\nlently altering, authenticating, issuing, or transferring \na writing without appropriate authorization . Under \nthe explicit terms ofthe Code, writing can include items \nsuch as coins and credit cards. Model Penal Code  \n224.1(1). -forge, vb. forger, n. \n\"While it is true that there is a distinction between fraud \nand forgery, and forgery contains some elements that are \nnot included in fraud, forgeries are a species of fraud. In \nessence, the crime of forgery involves the making, altering, \nor completing of an instrument by someone other than the \nostensible maker or drawer or an agent of the ostensible \nmaker or drawer.\" 37 c.J.S. Forgery  2, at 66 (1997). \ndouble forgery. A draft haVing a forged payor signature \nand a forged indorsement. \nfori disputationes (for-I dis-pyoo-tay-shee-oh-neez). \n[Latin \"arguments of the court\"] Roman law. Argu\nments or discussions before a court. \nforinsec service (f;l-rin-sik). (lSc) Hist. The feudal \nservices owed by a mesne (I.e., intermediate) lord, \nesp. those of a military nature. -Also termed foreign \nservice;forinsecum servitium. Cf. INTRINSEC SERVICE . \n\"The terminology of Bracton's day and of yet earlier times \nneatly expresses the distinction between the service which \nthe tenant owes to his immediate lord by reason of the \nbargain which exists between them, and the service which \nwas incumbent on the tenement whilst it was in the lord's \nhand. The former is intrinsec service, the latter forinsec \nservice; the former is the service which is created by, which \n(as it were) arises within, the bargain between the two \npersons, A and B, whose rights and duties we are discuss\ning; the latter arises outside that bargain, is 'foreign' to \nthat bargain .... [T]he term is a relative one; what is \n'intrinsec' between A and B is 'forinsec' as regards c.\" 1 \nFrederick Pollock & Frederic W. Maitland, The History of \nEnglish Law Before the Time of Edward I 238, 239 n.2 (2d \ned. 1898). \nforinsecus (f;l-rin-s;l-k;ls), adv. [fro Latinforis \"without\"] \nHist. On the outside. \nforinsecus (f;l-rin-s;l-kds), n. [Latin] Hist. A foreigner; \nsomeone from another jurisdiction. \nforis (for-is), adj. [Latin] Abroad; outdoors; without. \nforisbanitus (for-is-ban-a-tas). See FORBANNITUS. \nforisbannire (for-is-b;l-nl-ree), vb. [Law Latin \"to \nbanish\"] Hist. To expel from a certain territory; to \nbanish. \nforisfacere (for-is-fay-sa-ree), vb. [fro Latinforis \"without\" \n+facere \"to make\"] Hist. 1. To forfeit (an estate or other \n\n723 \nproperty). Literally, this means to make the property \nforeign to oneself. 2. To violate the law; to do a thing \nagainst or without the law. \nforisfactum (for-is-fak-tJm), adj. [Law Latin] Hist. (Of \nproperty) forfeited. \nforisfactus (for-is-fak-tJs). [Law Latin] Hist. A criminal; \nesp., one who has forfeited his or her life by committing \na capital offense. \nforisfactus servus (for-is-fak-t<:>s sar-vJs). [Law Latin] \nHist. A freed slave who has forfeited his or her freedom \nby committing a crime. \nforisfamiliate (for-is-fJ-mil-ee-ayt), vb. Latin foris \n\"outside\" +familia \"family\"] (16c) Hist. To emancipate \n(a son) from paternal authority by a gift ofland. This \nact usu. rendered the son ineligible to inherit more \nproperty. Also termed (archaically) forisfamiliare. \nforisfamiliated (for-is-fJ-mil-ee-ay-tid), adj. Hist. (Of a \nson) emancipated from paternal authority and in pos\nsession of a portion of family land in lieu of inheri\ntance. \n\"If our English law at any time knew an enduring patria \npotestas which could be likened to the Roman, that time \nhad passed away long before the days of Bracton, \nBracton, it is true. has copied about this matter some \nsentences from the Institutes which he ought not to have \ncopied; but he soon forgets them, and we easily see that \nthey belong to an alien system. Our law knows no such \nthing as 'emancipation,' it merely knows an attainment of \nfull age .... In old times a forisfamiliated son, that is, one \nwhom his father had enfeoffed, was excluded from the \ninheritance. This is already antiquated, yet Bracton can \nfind nothing else to serve instead of an emancipatio.\" 2 \nFrederick Pollock & Frederic W. Maitland, The History of \nEnglish Law Before the Time ofEdward /438, 438 n.3 (2d \ned.1899), \nforisfamiliation. (17c) Scots law. The liberation ofa child \nfrom the father's tutelage, as when a child under the \nage of majority left home, was given seisin in a part of \nthe father's land, or accepted something as a settled \ninheritance. Cf. EMANCIPATION (2). \nforisjudicatio. See FORJUDGER. \nforisjudicatus. See FORJUDGER. \nforisjurare (for-is-jJ-rair-ee), vb. [Law Latin] Hist. To \nforswear; to renounce under oath. Also termed \nforjurer. \nforisjurare parentilam (for-is-jJ-rair-ee pJ-ren-td-lJm), \nvb. [Law Latin] Hist, To renounce parental authority . \nOne who did so lost all rights of heirship. \nforisjurare provinciam (for-is-jJ-rair-ee prd-vin\nshee-Jm), vb. [Law Latin] Hist. To renounce under oath \nallegiance to one's country. \nforjudge, vb. (15c) 1. Hist. To expel a person, esp. an \nofficer or attorney, from court for some offense or \nmisconduct. 2. To deprive (a person) of a thing by a \njudgment; to condemn (a person) to lose a thing. \nAlso spelled (loosely) forejudge. \nforjudger (for-;;);-Jr), n. (ISc) Hist. 1. A judgment that \ndeprives a person of a thing. 2. A judgment ofexpulformality \nsion or banishment. -Also termed forisjudicatio; \nforisjudicatus. \nforjurer. See FORISJURARE. \nforjurer royalme (for-zh<:>-ray roy-ohm), vb. [Law French] \nHist. To renounce the kingdom under oath; to abjure \nthe realm. \nform, n. (Be) 1. lhe outer shape or structure of some\nthing, as distinguished from its substance or matter \n<courts are generally less concerned about defects \nin form than defects in substance>. 2. Established \nbehavior or procedure, usu. according to custom or \nrule <the prosecutor followed the established form \nin her closing argument>. 3. A model; a sample; an \nexample <attorneys often draft pleadings by using a \nform instead of starting from scratch>. 4. The custom\nary method of drafting legal documents, usu. with \nfixed words, phrases, and sentences <Jones prepared \nthe contract merely by following the state bar's form>. \n5. A legal document with blank spaces to be filled in \nby the drafter <the divorce lawyer used printed forms \nthat a secretary could fill in>. \nForm 8-K. See 8-K. \nForm IO-K. See lO-K. \nForm IO-Q. See 1O-Q. \nforma (for-m;t).lLatin \"form\"] Hist. The prescribed form \nofjudicial proceedings. \nforma et figura judicii (for-mJ et fig-pr-J joo-dish-ee\nI). [Latin] Hist. The form and shape of judgment. A \nform prescribed by statute. \nformal, adj. (14c) 1. Pertaining to or follOWing estab\nlished procedural rules, customs, and practices. 2. Cer\nemonial. formality, n. \nformal abandonment. See express abandonment under \nABANDO~MENT (10). \nformal acknowledgment. See ACKNOWLEDGMENT. \nformal agreement. See AGREEMENT. \nformal contract. See CONTR ACT. \nformal drawing. See DRAWING. \nformal fallacy. See FALLACY. \nformal impeachment. 1. See IMPEACHMENT (1). 2. See \nIMPEACHMENT (2). \nformality. (l6c) 1. A small point ofpractice that, though \nseemingly unimportant, must usu. be observed to \nachieve a particular legal result. 2. Hist. (pl.) Robes \nworn by magistrates on solemn occasions. 3. Copy\nright. (usu. pl.) A procedural requirement formerly \nrequired before receiving U.S. copyright protection. \n Formalities included (1) a copyright notice appear\ning on the work. (2) actual publication, (3) registration \nwith the Copyright Office, and (4) deposit ofthe work \nwith the Library of Congress. The formality reqUire\nments eroded during the 20th century. Today, none are \nreqUired, although registration remains a prerequisite \nfor an infringement suit by U.S. authors in the United \n\nformal law 724 \nStates. [Cases: Copyrights and Intellectual Property \n~50.16.] \nformal law. (17c) Procedural law. \n\"Procedure is by many German writers inappropriately \ncalled 'formal law.'\" Thomas E. Holland, The Elements of \nJurisprudence 358 n.2 (13th ed. 1924). \nformal party. See nominal party under PARTY (2). \nformal rejection. See REJECTION. \nformal rulemaking. See RULEMAKING. \nforma pauperis. See IN FORMA PAUPERIS. \nformata (for-may-tG). [Law Latin] Eccles. law. Canoni\ncal letters. \nformata brevia. See BREVIA FORMATA. \nforma verborum (for-mG vGr-bor-Gm). [Latin] Hist. The \nform of the words. \nformbook. A book that contains sample legal docu\nments, esp. transaction-related documents such as \ncontracts, deeds, leases, wills, trusts, and securities \ndisclosure documents. \nformed design. See DESIGN. \nformedon (for-mG-don). [fro Latin forma doni \"form of \nthe gift\") (lSc) Hist. A writ ofright for claiming entailed \nproperty held by another. A writ of formedon was \nthe highest remedy available to a tenant in tail. Also \ntermed writ offormedon. [Cases: Real Actions \n\"Called formedon, because the writ comprehended the \nform of the gift. It was of three kinds, in the descender, in \nthe re.mainde.r, and in the reverter.\" 1 Alexander M. Burrill, \nA Law Dictionary and Glossary 650 (2d ed. 1867). \nformedon in the descender. A writ offormedon brought \nby the issue in tail to recover possession of the land. \nformedon in the remainder. A writ of formedon \nbrought by a remainderman under a grant or gift in \ntail to recover possession of the land. \nformedon in the reverter. A writ of formedon brought \nby a reversioner or donor of the grant or gift in tail to \nrecover possession of the land. \nformer acquittal. See autrefois acquit under AUTRE\nFOIS. \nformer adjudication. (ISc) A judgment in a prior action \nthat resulted in a final determination of the rights of \nthe parties or essential fact questions and serves to bar \nrelitigation ofthe issues relevant to that determination. \n Collateral estoppel and res judicata are the two types \nofformer adjudication. See COLLATERAL ESTOPPEL; RES \nJUDICATA. [Cases: Judgment ~540, 634.] \nformer jeopardy. (1870) The fact of having previously \nbeen prosecuted for the same offense . A defendant \nenters a plea of former jeopardy to inform the court \nthat a second prosecution is improper. Cf. DOUBLE \nJEOPARDY. [Cases: Double Jeopardy C=-'132.1.1 \nformer punishment. Military law. The rule that nonju\ndicial punishment for a minor offense may bar trial by \ncourt-martial for the same offense. form of action. The common-law legal and proce\ndural device associated with a particular writ, each \nofwhich had specific forms of process, pleading, trial, \nand judgment.  The 11 common-law forms of action \nwere trespass, trespass on the case, trover, ejectment, \ndetinue, replevin, debt, covenant, account, special \nassumpsit, and general assumpsit. [Cases: Action \n29; Federal Civil Procedure (:::::::0 71.] \n\"Forms of action are usually regarded as different methods \nof procedure adapted to cases of different kinds, but in \nfact"}
{"text": "71.] \n\"Forms of action are usually regarded as different methods \nof procedure adapted to cases of different kinds, but in \nfact the choice between forms of action is primarily a \nchOice between different theories of substantive liability, \nand the scope of the actions measures the existence and \nextent of liability at common law .... The development and \nextension of the different forms of action is the history of \nthe recognition of rights and liability in the law of torts, \ncontracts, and property, and the essentials of rights of \naction.\" Benjamin j. Shipman, Handbook of Common-Law \nPleading  27, 30 at 54, 60 (Henry Winthrop Ballantine \ned., 3d ed. 1923). \nForm S-1. See $-1. \nformula. [Latin \"set form of words\"] (17c) 1. Roman \nlaw. A written document, prepared by a praetor and \nforwarded to a judex, identifying the issue to be tried \nand the judgment to be given by the judex. _ It was \nbased on model pleas formulated by the praetor in his \nedict and adapted by him or other magistrates in civil \nsuits for the benefit of the judex who had to try the \nissue. 'These pleas were adapted to the circumstances \nof the case. The usual parts of a formula were (1) the \ndemonstratio, in which the plaintiff stated the facts of \nthe claim; (2) the intentio, in which the plaintiff speci\nfied the relief sought against the defendant; and (3) the \ncondemnatio, in which the judex condemned (usu. to \npay the plaintiff a sum) or acquitted the defendant. PI. \nformulae (for-mYd-lee). -Also termed verba concepta \n(var-bJ kGn-Sep-td). \n\"The Roman judges were not, as with us, the presiding \nofficers in the administration of law and justice. This was \nthe position of the magistrate, the praetor. When a suit \nat law was commenced, the parties appeared before the \npraetor, who made a preliminary examination, not to ascer\ntain the merits of the case, but to find the precise points \nin controversy. He heard the statements of the plaintiff \nand the counter-statements of the defendant, and from \nthe two he constructed a formula (as it was called), a \nbrief technical expression ofthe disputed issues. He then \nappointed a judex ... instructing him to investigate the \nmatter, and if he found the facts to be so and so, as recited \nin the formula, then to condemn the accused party, but, \nif he did not find them so, to acqUit him.\" James Hadley, \nIntroduction to Roman Law 59-60 (1881). [This quotation \ndescribes only the period of formulary procedure, ca. 150 \nB.C.-A.D. 300. Ed.] \n2. Common-law pleading. A set form of words (such \nas those appearing in writs) used in judicial proceed\nings. \nformula deal. An agreement between a movie distribu\ntor and an independent or affiliated circuit to exhibit a \nfeature movie in all theaters at a specified percentage of \nthe national gross receipts realized by the theaters. \nformulae (for-mYG-lee). [Latin \"set forms of words\"] \nRoman law. Model pleas formulated by the praetor in \nhis edict and adapted by him or other magistrates in \n\n725 \ncivil suits for the benefit ofthe judex who had to try the \nissue. These pleas were adapted to the circumstances \nofthe case. Also termed verba concepta (var-b;:l k;:ln\nsep-t;:!). \nformula instruction. See JURY INSTRUCTION. \nformulary. (16c) 1. Rist. A collection of the forms of \nproceedings (formulae) used in litigation, such as the \nwrit forms kept by the Chancery. See WRIT SYSTEM. 2. \nA list ofdrugs that Medicare or a health-maintenance \norganization will pay for. \nformulary procedure. Rist. The common-law method \nof pleading and practice, which required formulaic \ncompliance with the accepted forms of action even \nif through elaborate fictions . In the 19th century, \nthis type of procedure was replaced both in the \nUnited States and in England. See code pleading under \nPLEADING (2). \nfornication, n. (14c) 1. Voluntary sexual intercourse \nbetween two unmarried persons . Fornication is still \na crime in some states, such as Virginia. 2. Rist. Vol\nuntary sexual intercourse with an unmarried woman. \n At common law, the status ofthe woman determined \nwhether the offense was adultery or fornication \nadultery was sexual intercourse between a man, Single \nor married, and a married woman not his wife;fornica\ntion was sexual intercourse between a man, Single or \nmarried, and a single woman. Cf. ADULTERY. [Cases: \nCriminal Law C-~45.40; Lewdness ~1.] fornicate, \nvb. -fornicator, n. \n\"Fornication was not a common-law crime but was made \npunishable by statute in a few states as a misdemeanor.\" \nRollin M. Perkins & Ronald N. Boyce, Criminal Law455 (3d \ned. 1982). \nfornix (for-niks). [Latin] Rist. 1. A brotheL 2. Fornica\ntion. \nforprise (for-pnz). Rist. 1. An exception or reservation. \n The term was frequently used in leases and convey\nances. \n\"Forprise ... [aJn exception or reservation .... We still \nuse it in Conveyances and leases, wherein Excepted and \nForprised is an usual expression.\" Thomas Blount, Nama\nLexicon: A LawDictionary(l670). \n2. An exaction. -forprise, vb. \nfor-profit corporation. See CORPORATION. \nforschel (for-shClI). Rist. A strip of land next to a \nhighway. -Also termedforschet. \nforspeca (for-spee-k;:l). 1. PROLOCUTOR (2). 2. PARANYM\nPHUS. \nforstall. See FORESTALL. \nforswearing (for-swair-ing), n. (14c) 1. The act of repu\ndiating or renouncing under oath. 2. PERJURY. \nforswear, vb. \nfortax (for-taks), vb. Rist. To tax wrongly or extortion\nately. \nforthcoming, n. (l7c) Scots law. 1. An action through \nwhich arrestment is made available to an arrester. 2. An \norder that perfects an arrestment by directing a debtor forum contentiosum \neither to pay the money owed or to deliver the arrested \ngoods to the creditor. \nforthcoming bond. See BOND (2). \nforthwith, adv. (14c) 1. Immediately; without delay. 2. \nDirectly; promptly; within a reasonable time under the \ncircumstances. \nfortia (for-sh;. [Law Latin] Hist. 1. Force. Fortia refers \nto force used by an accessory to allow the principal \nto commit the crime. 2. Power, dominion, or jurisdic\ntion. \nfortia frisca (for-sh;> fris-k;:!). [Law Latin] Rist. See FRESH \nFORCE. \nfortior (for-shee-;:!r or -or), adj. [Latin \"stronger\"] Rist. \n(Of evidence) involving a presumption that, because of \nthe strength ofa party's eVidence, shifts the burden of \nproof to the opposing party. \nfortuitous (for-t[y]00-;>-t;:l5), adj. (17c) Occurring by \nchance. A fortuitous event may be highly unfortu\nnate. Literally, the term is neutral, despite its common \nmisuse as a synonym for fortunate . \nfortuitous collision. See COLLISION. \nfortuitous event. (1856) 1. A happening that, because it \noccurs only by chance or accident, the parties could not \nreasonably have foreseen. 2. An event that, so far as con\ntracting parties are aware, depends on chance. 3. Loui\nsiana law. An event that could not have been reasonably \nforeseen at the time a contract was made. La. Civ. \nCode art. 1875. -Also termed cas fortuit. See FORCE \nMAJEURE; UNAVOIDABLE-ACCIDENT DOCTRINE. \nFortune 500. An annual compilation of the 500 largest \nU.S. corporations as ranked by gross revenues. _ \nIt is published in, and gets its name from, Fortune \nmagazine. \nforty, n. Archaic. Forty acres ofland in the form of a \nsquare <the south forty>. To determine a forty, a \nsection ofland (640 acres) was quartered, and one of \nthose quarters was again quartered. \nforty-days court. See COURT OF ATTACHMENTS. \nforum, n. (I5c) 1. A public place, esp. one devoted to \nassembly or debate. See PUBLIC FORUM; NONPUBLIC \nFORUM. 2. A court or other judicial body; a place of \njurisdiction. PI. forums, fora. \nforum actus (for-;:!m ak-t;:ls). [Latin \"the forum of the \nact\"] Rist. The place where an act was done. \nforum competens (for-dm kom-p;:l-tenz). [Latin] Rist. \nA competent court; a court that has jurisdiction over \na case. \nforum conscientiae (for-dm kon-shee-en-shee-ee). [Latin \n\"the forum ofconscience\"] Rist. The tribunal or court \nofconscience. This court was usu. a court of equity. \nSee COURT OF CONSCIENCE. \nforum contentiosum (for-dm bn-ten-shee-oh-sdm). \n[Latin \"the forum of contention\"] Rist. A court of \njustice; a place for litigation. \n\n726 forum contractus \nforum contractus (for-am kan-trak-tas). [Latin \"the \nforum of the contract\"] Hist. 1. The place where a \ncontract was made, and thus the place ofjurisdiction. \n2. The court ofthe place where a contract was made. \nforum conveniens (for-am bn-vee-nee-enz). [Latin \"a \nsuitable forum\"] The court in which an action is most \nappropriately brought, considering the best interests \nand convenience of the parties and witnesses. Cf. \nFORUM NON CONVENIENS. \nforum domesticum (for-am da-mes-ti-kam). [Latin] \nHist. A domestic court. _ This type of court decides \nmatters (such as professional discipline) arising within \nthe organization that created it. \nforum domicilii (for-am dom-;}-sil-ee-I). [Latin) Hist. \nThe forum or court of the domicile, usu. ofthe defen\ndant. \nforum ecclesiasticum (for-;}m e-klee-z[h]ee-as-ti-k;}m). \n[Latin] Hist. An ecclesiastical court. Also termed \njudicium ecclesiasticum. \nforum externum (for-am ek-star-n;}m), n. [Latin \n\"external tribunal\"] Eccles. law. A court dealing with \nlegal cases pertaining to or affecting the corporate life \nofthe church. \nforum inconveniens. See FORUM NON CONVENIENS. \nforum internum (for-am in-tar-n;}m), n. [Latin \"internal \ntribuna!\"] Eccles. law. A court ofconscience; a court for \nmatters of conscience or the confessional. \nforum ligeantiae rei (for-am lij-ee-an-shee-ee ree-I). \n[Latin] Hist. The forum of the defendant's allegiance; \nthe court or jurisdiction ofthe country to which the \ndefendant owes allegiance. \nforum non competens (for-am non kom-pa-tenz). [Latin] \nHist. An inappropriate court; a court that lacks juris\ndiction over a case. \nforum non conveniens (for-am non k;}n-vee-nee-enz). \n[Latin \"an unsuitable court\"] Civil procedure. The \ndoctrine that an appropriate forum even though \ncompetent under the law -may divest itself ofjuris\ndiction if, for the convenience of the litigants and the \nwitnesses, it appears that the action should proceed \nin another forum in which the action might also have \nbeen properly brought in the first place. Also termed \nforum inconveniens. [Cases: Courts Federal \nCourts \n\"Forum non conveniens allows a court to exercise its discre\ntion to aVOid the oppression or vexation that might result \nfrom automatically honoring plaintiff's forum choice. \nHowever, dismissal on the basis of forum non conveniens \nalso requires that there be an alternative forum in which \nthe suit can be prosecuted. It must appear that jurisdiction \nover all parties can be secured and that complete relief \ncan be obtained in the supposedly more convenient court. \nFurther, in at least some states, it has been held that the \ndoctrine cannot be successfully invoked when the plaintiff \nis resident of the forum state since. effectively, one of the \nfunctions of the state courts is to provide a tribunal in \nwhich their residents can obtain an adjudication of their \ngrievances. But in most instances a balancing of the can \nvenience to all the parties will be considered and no one \nfactor will preclude a forum non coveniens dismissal. as long as another forum is available.\" Jack H. Friedenthal et \naI., Civil Procedure  2.17, at 87-88 (2d ed. 1993). \nforum originis (for-<lm <I-rij-a-nis). [Latin] Hist. The \nforum or place ofa person's birth, considered as a place \nofjurisdiction. \nforum regium (for-am ree-jee-am). [Latin] Hist. The \nking's court. \nforum rei (for-<lm ree-I). [Latin] Hist. 1. The forum ofthe \ndefendant, I.e., the place where the defendant is domi\nciled or resides. 2. FORUM REI SITAE. \nforum rei gestae (for-am ree-I jes-tee). [Latin] Hist. lhe \nforum or court of a res gesta (thing done); the place \nwhere an act was done, considered as a place of juris\ndiction. \nforum rei sitae (for-am ree-I sl-tee). [Latin] Hist. The \ncourt where the thing or subject-matter in controversy \nis situated, considered as a place of juris"}
{"text": "[Latin] Hist. The \ncourt where the thing or subject-matter in controversy \nis situated, considered as a place of jurisdiction. \nOften shortened to forum rei. \nforum seculare (for-am sek-ya-Iair-ee). [Latin] Hist. A \nsecular court. -Also spelled forum saeculare. \nforum-selection clause. (1970) A contractual provision \nin which the parties establish the place (such as the \ncountry, state, or type ofcourt) for specified litigation \nbetween them. -Also termed choice-of-exclusive\nforum clause. Cf. CHOICE-OF-LAW CLAUSE. [Cases: Con\ntracts 127(4),206.] \nforum-shopping. (1954) The practice of choosing the \nmost favorable jurisdiction or court in which a claim \nmight be heard. - A plaintiff might engage in forum\nshopping, for example, by filing suit in a jurisdiction \nwith a reputation for high jury awards or by filing \nseveral similar suits and keeping the one with the pre\nferred judge. Cf. JUDGE-SHOPPING. \nforum state. Conflict oflaws. The state in which a suit \nis filed. \nfor use. For the benefit or advantage of another. See \nUSE. \nforward agreement. See forward contract under \nCONTRACT. \nforward and backward at sea. Marine insurance. From \nport to port in the course of a voyage, and not merely \nfrom one terminus to the other and back. \nforward confusion. See CONFUSION. \nforward contract. See CONTRACT. \nforward cover. The purchase of a cash commodity to \nmeet the obligation ofa forward contract. See forward \ncontract under CONTRACT. \nforwarding agent. See AGENT (2). \nforward market. Seefutures market under MARKET. \nforward-rate agreement. A contract that specifies what \nthe interest rate on an obligation will be on some future \ndate. Abbr. FRA. \nforward triangular merger. See triangular merger under \nMERGER. \n\n727 \nfossage (fos-ij), n. Hist. A duty paid to maintain a moat \naround a fortification. \nfoster, adj. (bef. 12c) 1. (Of a relationship) involving \nparental care given by someone not related by blood \nor legal adoption <foster home>. 2. (Of a person) \ngiving or receiving parental care to or from someone \nnot related by blood or legal adoption <foster parent> \n<foster child>. \nfoster, vb. 02c) To give care to (something or someone); \nesp., to give parental care to (a child who is not one's \nnatural or legally adopted child). \nfosterage, n. (l7c) 1. The act of caring for another's child. \n2. The entrusting ofa child to another. 3. The condition \nof being in the care of another. 4. The act of encourag\ning or promoting. \nfoster care. (1876) 1. A federally funded child-welfare \nprogram providing substitute care for abused and \nneglected children who have been removed by court \norder from their parents' or guardians' care or for \nchildren voluntarily placed by their parents in the tem\nporary care of the state because of a family crisis. 42 \nUSCA  670-679a. The state welfare agency selects, \ntrains, supervises, and pays those who serve as foster \nparents. Cf. ADOPTION (1). [Cases: InfantsC=226.] \nlong-term foster care. The placing of a child in foster \ncare for extended periods, perhaps even for the child's \nentire minority, in lieu offamily reunification, termi\nnation and adoption, or guardianship . Although \nmost courts do not generally find this arrangement \nto be in a child's best interests, sometimes it is the \nonly possibility, as when the child, because of age or \ndisability, is unlikely to be adopted or when, although \nthe parent cannot be permanently reunited with the \nchild, limited contact with the parent would serve the \nchild's best interests. Under the Adoption and Sate \nFamilies Act, long-term foster care is the permanent \nplacement oflast resort. [Cases: Infants C=226.] \n2. The area of social services concerned with meeting \nthe needs of children who participate in these types of \nprograms. [Cases: Infants C=17.] \nfoster-care drift. The phenomenon that occurs when \nchildren placed in foster care remain in that system, in \nlegal limbo, for too many years oftheir developmental \nlife before they are reunited with their parents or freed \nfor adoption and placed in permanent homes . The \nAdoption and Safe Families Act was passed in 1997 \nto help rectify this problem. See ADOPTION AND SAFE \nFAMILIES ACT. [Cases: Infants C=155.] \nfoster-care placement. (1968) The (usu. temporary) act \nof placing a child in a home with a person or persons \nwho provide parental care for the child. Cf. OUT-OF\nHOME PLACEMENT. [Cases: Infants \nfoster-care review board. A panel of screened and \ntrained volunteers who routinely review cases of \nchildren placed in foster care, examine efforts at per\nmanency planning, and report to the court. [Cases: \nInfants (',.:..-::> 17, 226.] foundling hospital \nfoster child. See CHILD. \nfoster father. See foster parent under PARENT. \nfoster home. (l9c) A household in which foster care is \nprovided to a child who has been removed from his or \nher birth or adoptive parents, usu. for abuse or neglect. \n A foster home is usu. an individual home, but it can \nalso be a group home. [Cases: Infants C=226.] \nfosterlean (fos-tdr-Ieen). Hist. Remuneration for rearing \na foster child. \nfosterling. (bef. 12c) Seefoster child under CHILD. \nfoster mother. See foster parent under PARENT. \nfoster parent. See PARENT. \nfoul bill oflading. See BILL OF LADING. \nfoundation. (14c) 1. The basis on which something is \nsupported; esp., evidence or testimony that establishes \nthe admissibility ofother evidence daying the founda\ntion>. [Cases: Evidence C=-:::' 117.] 2. A fund established \nfor charitable, educational, religious, research, or other \nbenevolent purposes; an endowment <the Foundation \nfor the Arts>. \nprivatefoundation. A charitable organization that is \nfunded by a Single source, derives its income from \ninvestments rather than contributions, and makes \ngrants to other charitable organizations . A private \nfoundation is generally exempt from taxation. IRC \n(26 USCA)  509. Also termed private nonoperat\ningfoundation. \nprivate nonoperatingfoundation. See privatefoun\ndation. \nprivate operating foundation. A private foundation \nthat conducts its own charitable program rather than \nmaking grants to other charitable organizations . \nMost ofthe foundation's earnings and assets must be \nused to further its particular charitable purpose. \nfoundational evidence. See EVIDENCE. \nfoundational fact. See predicate fact under FACT. \nfounded on, adj. (16c) Having as a basis <the suit was \nfounded on the defendant's breach ofcontract>. \nfounder, n. (l4c) 1. A person who founds or establishes; \nesp., a person who supplies funds for an institution's \nfuture needs. 2. SETTLOR (1). \nfounder's share. (usu. pl.) In England, a share issued to \nthe founder ofa company as a part ofthe consideration \nfor the business . Now rare, a founder's share partici\npates in profits only if the dividend on ordinary shares \nhas been paid to a specified amount. \nfounding father. (1914) A prominent figure in the \nfounding of an institution or esp. a country; specif., \none who played a leading role in founding the United \nStates of America, esp. in the Revolutionary War and \nthe making ofthe U.S. Constitution. \nfoundling. (14c) A deserted or abandoned infant. \nfoundling hospital. A charitable institution, found esp. \nin Europe, the purpose of which is to care for aban\ndoned children. \n\nfour, rule of 728 \nfour, rule of. See RULE OF FOUR. \nfour corners. (1874) The face ofa written instrument.  \nThe phrase derives from the ancient custom ofputting \nall instruments (such as contracts) on a single sheet of \nparchment, as opposed to multiple pages, no matter \nhow long the sheet might be. At common law, this \ncustom prevented people from fraudulently inserting \nmaterials into a fully signed agreement. '{he require\nment was that every contract could have only four \ncorners. [Cases: Contracts (;:::~ 143(1), 147(2); Evidence \n(=>397,448.] \nfour-corners rule. (1948) 1. The principle that a doc\nument's meaning is to be gathered from the entire \ndocument and not from its isolated parts. [Cases: Con\ntracts (=143.5; Evidence <8::::>448.] 2. 'fhe principle that \nno extraneous evidence should be used to interpret an \nunambiguous document. Cf. PAROL-EVIDENCE RULE. \n[Cases: Evidence (';:::\"448.] \nIV-D agency. See CHILD-SUPPORT-ENFORCEMENT \nAGENCY. \nfour-folding. Hist. The quadrupling of a property's \ntaxable value for purposes of penalizing a person \nwho falsely underreported the property's true taxable \nvalue. \n\"In the State ofConnecticut a number ofmen are chosen \nannually by each town, to receive from each inhabitant \na list ofthe taxable property in his possession. This list \nis required by law; and is made up by the proprietor. \nThe men, who receive it, are from their employment \ncalled Listers. If the proprietor gives in a false list, he \nis punished by having the falsified article increased on \nthe list four-fold .... We therefore style this punishment \nfourJolding.\" 4 Timothy Dwight, Travels in New-England \nand New-York 284 (1822). \n401(k) plan. See EMPLOYEE BENEFIT PLAN. \n403(b) plan. See EMPLOYEE BENEFIT PLAN. \n419 fraud. See advance-fee fraud under FRAl:D. \n457 plan. See EMPLOYEE BENEFIT PLAN. \nFourteenth Amendment. The constitutional amend\nment, ratified in 1868, whose primaryprovisions effec\ntively apply the Bill ofRights to the states by prohibiting \nstates from denying due process and equal protection \nand from abridging the privileges and immunities of \nU.S. citizenship. The amendment also gave Congress \nthe power to enforce these provisions, leading to legisla\ntion such as the civil-rights acts. [Cases: Constitutional \nLaw C=>2910-2932, 3000-3833, 3840-4841.] \nFourth Amendment. The constitutional amendment, \nratified with the Bill of Rights in 1791, prohibiting \nunreasonable searches and seizures and the issuance of \nwarrants without probable cause. See PROBABLE CAUSE. \n[Cases: Searches and Seizures \nfourth estate. (1821) The journalistic profession; the \nnews media. The term comes from the British Par\nliament's reporters' gallery, whose influence was said to \nequal Parliament's three traditional estates: the Lords \nSpiritual, the Lords Temporal, and the Commons. (In France, the three estates were the clergy, the nobility, \nand the commons.) \nfourth-sentence remand. See REMAND. \nfour unities. (1852) The four qualities needed to create \na joint tenancy at common law -interest, possession, \ntime, and title. See UNITY (2). [Cases: Joint Tenancy \nfovere consimilem causam (toh-veer-ee k<)n-sim-J-idm \nkaw-zJm). [Law Latin] Hist. To favor a similar case. \n A judge who is disqualified for having a personal \ninterest in a case may also be disqualified in a later case \nif the ruling in the former case could affect the ruling \nin the latter. \nFox's Libel Act. Hist. A 1792 statute that gave the jury \nin a libel prosecution the right ofrendering a guilty or \nnot-guilty verdict on the whole matter in issue. The \njury was no longer bound to find the defendant guilty \nifit found that the defendant had in fact published the \nallegedly libelous statement. The Act empowered juries \nto decide whether the defendant's statement conformed \nto the legal standard for libel. \nfoy (foy or fwah). [Law French] Faith; allegiance. \nFPA. abbr. Free from particular average. \n\"F.P.A. means Free from Particular Average; that is to say, \nthe insured can recover only where the loss is total or is \ndue to a general average sacrifice. The claims under the \nSue and Labour clause are not affected by this stipulation.\" \n2 EW. Chance, Principles ofMercantile Law 128 (PW. French \ned., 10th ed. 1951). \nFPC clause. See AREA-RATE CLAUSE. \nFPLS. abbr. FEDERAL PARENT LOCATOR SERVICE. \nFr. abbr. 1. French. 2. FRAGMENTA. \nFRA. abbr. 1. FEDERAL RAILROAD ADMINISTRATION. 2. \nFORWARD-RATE AGREEMENT. \nfractional, ad). (1815) (Of a tract of land) covering an \narea less than the acreage reflected on a survey; per\ntaining to any irregular division of land containing \neither more or less than the conventional amount of \nacreage. \nfractional currency. See CGRRENCY. \nfractional interest. See undivided interest under \nINTEREST (2). \nfragmenta (frag-men-tJ), n. pl. [Latin \"fragments\"] \nRoman law. Passages drawn from the writings of \nRoman jurists and compiled in Justinian's Digest. \nAbbr. Fr.; Ff. \nfragmented literal similarity. See SIMILARITY. \nframe, vb. (14c) 1. To plan, shape, or construct; esp., to \ndraft or otherwise draw up (a document). 2. To incrimi\nnate (an innocent person) with false evidence, esp. fab\nricated."}
{"text": "up (a document). 2. To incrimi\nnate (an innocent person) with false evidence, esp. fab\nricated. -framable, frameable, adj. \nframe-up, n. A plot to make an innocent person appear \nguilty. \nframing. On the Internet, a website's display ofanother \nentity's Web page inside a bordered area, often without \ndisplaying the page's URL or domain name. Framing \n\n729 \nmay constitute a derivative work and may infringe on \na copyright or trademark ifdone without giving credit \nto or obtaining permission from the other website's \nowner. [Cases: Trademarks \nfrancbordus. See FREE-BORD. \nfranchise (fran-chlz), n. (14c) 1. 'The right to vote. \nAlso termed elective franchise. [Cases: Elections \n1.] 2. The government-conferred right to engage in a \nspecific business or to exercise corporate powers. \nAlso termed corporate franchise; general franchise. \n[Cases: Franchises (,..~1.] \n'When referring to government grants (other than patents, \ntrademarks, and copyrights), the term 'franchise' is often \nused to connote more substantial rights, whereas the term \n'license' connotes lesser rights. Thus, the rights necessary \nfor public utility companies to carryon their operations \nare generally designated as franchise rights. On the other \nhand, the rights to construct or to repair, the rights to \npractice certain profeSSions, and the rights to use or to \noperate automobiles are generally referred to as licenses.\" \n1 Eckstrom's Licensing in Foreign and Domestic Operations \n 1.02[31. at HO to 1-11 (David M. Epstein ed\" 1998). \n\"In a violent conceptual collision, some franchisors \nmaintain that a franchise is merely an embellished license \nand therefore revocable at will. Franchisees contend that a \nfranchise is a license coupled with an interest, not subject \nto unlimited control by franchisors. As a result of this \ndisagreement, legislative draftsmen have had difficulty \ndefining 'franchise.'\" 1 Harold Brown, Franchising Realities \nand Remedies  1.03[1], at H7 (1998). \nfranchise appurtenant to land. Rare. A franchise that \nis used in connection with real property and thus is \nsometimes characterized as real property. \ngeneral franchise. A corporation's charter. \nspecial franchise. A right conferred by the government, \nesp. one given to a public utility, to use property for \na public use but for private profit. [Cases: Franchises \nC=:> 1.] \n3. The sole right granted by the owner of a trademark \nor tradename to engage in business or to sell a good or \nservice in a certain area. 4. 'The business or territory \ncontrolled by the person or entity that has been granted \nsuch a right. \ncommercial franchise. A franchise using local capital \nand management by contracting with third parties \nto operate a facility identified as offering a particular \nbrand ofgoods or services. \nsports franchise. 1. A franchise granted by a profes\nsional sports league to field a team in that league. 2. \nThe team itself. \ntrialfranchise. A franchise having an initial term of \nlimited duration, such as one year. \nfranchise, vb. (14c) To grant (to another) the sole right of \nengaging in a certain business or in a business using a \nparticular trademark in a certain area. \nfranchise agreement. (1905) The contract between a \nfranchisor and franchisee establishing the terms and \nconditions of the franchise relationship. -State and \nfederal laws regulate franchise agreements. [Cases: frank \nAntitrust and Trade Regulation C=:>262; Contracts C-~ \n202(1).] \nfranchise appurtenant to land. See FRANCHISE (2). \nfranchise clause. Insurance. A provision in a casualty \ninsurance policy stating that the insurer will pay a \nclaim only ifit is more than a stated amount, and that \nthe insured is responsible for all damages if the claim \nis under that amount. _ Unlike a deductible, which the \ninsured always has to pay, with a franchise clause, once \nthe claim exceeds the stated amount, the insurer pays \nthe entire claim. \nfranchise court. Hist. A privately held court that (usu.) \nexists by virtue of a royal grant, with jurisdiction \nover a variety of matters, depending on the grant and \nwhatever powers the court acquires over time. -In \n1274, Edward I abolished many of these feudal courts \nby forcing the nobility to demonstrate by what author\nity (quo warranto) they held court. Ifa lord could not \nproduce a charter reflecting the franchise, the court \nwas abolished. -Also termed courts ofthe franchise. \n\"Dispensing justice was profitable. Much revenue could \ncome from the fees and dues, fines and amercements. \nThis explains the growth of the second class of feudal \ncourts, the Franchise Courts. They too were private courts \nheld by feudal lords. Sometimes their claim to jurisdiction \nwas based on old pre-Conquest grants .,. But many of \nthem were, in reality, only wrongful usurpations of private \njurisdiction by powerful lords. These were put down after \nthe famous Quo Warranto enquiry in the reign of Edward \nI.\" W,J.V. Windeyer, Lectures on Legal History 56-57 (2d ed. \n1949). \nfranchisee. One who is granted a franchise. \nfranchise fee. See FEE (1). \nfranchiser. See FRANCHISOR. \nfranchise tax. See TAX. \nfranchisor. (19c) One who grants a franchise. Also \nspelledfranchiser. \nfrancigena (fran-sd-jee-nd). [Law Latinfrancus \"french\" \n+ Latin genitus \"born\"] Hist. 1. A person born in \nFrance. 2. Any alien in England; a foreigner. See \nFRENCHMAN. \nfrancus (frangk-ds). [fro Frenchfranc \"free\"] Hist. A \nfreeman. \nfrancus bancus. See FREE BENCH. \nfrancus homo (frangk-Js hoh-moh). Hist. A free man. \nfrancus tenens. See FRANK-TENANT. \nfrank, adj. [Law French] Hist. Free. Also spelled \nfraunc; fraunche; fraunke. \nfrank, n. 1. (cap.) A member of the Germanic people who \nconquered Gaul in the 6th century. -France received its \nname from the Franks. 2. A signature, stamp, or mark \naffixed to mail as a substitute for postage. [Cases: Postal \nService C=:>15.] 3. The privilege ofsending certain mail \nfree of charge, accorded to certain government officials, \nsuch as members of Congress and federal courts. \nAlso termed (in sense 3) franking privilege, [Cases: \nUnited States C=:> 12.] -frank, vb. \n\n730 frankalmoin \nfrankalmoin (frangk-al-moyn). [Law French \"free \nalms\"] (I6c) Rist. A spiritual tenure by which a reli\ngious institution held land, usu. with a general duty \nto pray for the donor . This tenure differed from the \ntenure by divine service, which required specific church \nservices, such as a certain number of masses or alms \ndistributions. -Also spelled frankalmoign; franka\nlmoigne. -Also termed almoign; almoin;free alms; \nlibera eleemosyna. See spiritual tenure under TENURE. \n\"Frankalmoin, or free alms, was a survival of Anglo\nSaxon law, and implied simply an indefinite promise to \npray for the soul of the donor; but since it was deemed a \ntenure by which the land was held, the general doctrine \nof 'services' was applied. On the other hand, in the case \nof Divine Service, which was much less frequently met \nwith, the tenant promised a definite number of prayers, a \nduty which might be enforced in the King's courts.\" A.K.R. \nKiralfy, Potter's Outlines of English Legal History 210 (5th \ned. 1958). \nfrank bank. See FREE BENCH. \nfrank-chase. Rist. Free chase; a person's liberty or right \nto hunt or log within a certain area . Others holding \nland within the frank-chase area were forbidden from \nhunting or logging in it. See CHASE. \nfrank-fee. (ISc) Rist. Freehold land -land that one \nheld to oneself and one's heirs -exempted from all \nservices except homage; land held other than by ancient \ndemesne or copyhold. \nfrank ferm. Rist. An estate in land held in socage, the \nnature of the fee having been changed from knight's \nservice by enfeoffment for certain yearly services. \nAlso spelled frank-ferme. \nfranking privilege. See FRANK (3). \nfrank-law. Rist. The rights and privileges of a citizen \nor freeman; specif., the condition of being legally \ncapable of giving an oath (esp. as a juror or witness). \nSee LEGALIS HOMO. \n\"Frank law ... may be understood from Bracton's descrip\ntion of the consequences of lOSing it, among which the \nprincipal one was, that the parties incurred perpetual \ninfamy, so that they were never afterwards to be admitted \nto oath, because they were not deemed to be othesworth, \n(that is, not worthy of making oath,) nor allowed to give \ntestimony.\" 1 Alexander M. Burrill, A Law Dictionary and \nClossary657-58 (2d ed. 1867). \nfranklin (frangk-lin). (14c) Rist. A freeman; a freeholder; \na gentleman. -Also spelled francling;frankleyn;fran\nkleyne. \nfrankmarriage. (I4c) Rist. An entailed estate in which \nthe donor retains control of the land by refuSing to \naccept feudal services from the donee (usu. the donor's \ndaughter) for three generations . If the donee's issue \nfail in that time, the land returns to the donor. A donor \nwho accepted homage (and the corresponding services \narising from it) from the donee risked lOSing control of \nthe land to a collateral heir. After three generations - a \ntime considered sufficient to demonstrate that the line \nwas well established -the donee's heir could insist on \npaying homage; doing so transformed the estate into \na fee simple. -Also termed liberum maritagium. See \nMARITAGIUM. \"Only when homage has been done are we to apply the \nrule which excludes the lord from the inheritance. This \nis at the bottom of one of the peculiarities of the 'estate \nin frankmarriage.' When a father makes a provision for a \ndaughter, he intends that if the daughter has no issue or \nif her issue fails -at all events if this failure occurs in the \ncourse of a few generations -the land shall come back \nto him or to his heir. Therefore no homage is done for the \nestate in frankmarriage until the daughter's third heir has \nentered, for were homage once done, there would be a \ndanger that the land would never come back to the father \nor to his heir.\" 2 Frederick Pollock & Frederic W. Maitland, \nThe History ofEnglish Law Before the Time ofEdward /291 \n(2d ed. 1899). \nfrankpledge. (bef. 12c) Rist. A promise given to the \nsovereign by a group of ten freeholders (a tithing) \nensuring the group's good conduct.  The frankpledge \nwas of Saxon origin, but continued after the Norman \nConquest. The members of the group were not liable \nfor an injury caused by an offending member, but they \ndid act as bail to ensure that the culprit would appear \nin court. They were bound to produce a wrongdoer \nfor trial. -Also termed borrow; laughe. See VIEW OF \nFRANKPLEDGE. Cf. DECENARY. \n\"Since there was no elaborate group of royal officials, \nthe policing of the country had to be arranged for in a \nspecial way. The commonest way was to hold each house\nhold responsible for the offenses of any member of it. A \nfurther step was taken when, in the time of (nut, a group \nof ten men was formed who were responsible for each \nother, in the sense that everyone was security, borh, for \nthe good behavior of the others. This group was called \nfri-borh, frankpledge, and remained for a long time one of \nthe chief police methods of England.\" Max Radin, Handbook \nofAnglo-American Legal History 33-34 (1936). \nFranks hearing. (I979) A hearing to determine whether a \npolice officer's affidavit used to obtain a search warrant \nthat yields incriminating evidence was based on false \nstatements by the police officer. Franks v. Delaware, 438 \nU.S. 154, 98 S.Ct. 2674 (1978). \nfrank-tenant. Rist. A freeholder. -Also termed fra ncu 5 \ntenens. See FREEHOLD. \nfrank-tenement. Rist. A free tenement; a freehold . This \nterm described both the tenure and the estate. \nFRAP (frap). abbr. FEDERAL RULES OF APPELLATE PRO\nCEDURE. \nfrater (fray-t;Jr), n. [Latin] Roman law. A brother. \nfrater consanguineus (fray-t;Jr kon-sang-gwin-ee-;Js). \nA brother or half-brother having the same father. \nfrater germanus (fray-t;Jr j;Jr-may-n;Js). A brother \nhaving both parents in common. \nfrater nutricius (fray-t;Jr n[y]oo-trish-ee-;Js). A foster \nbrother who was suckled by the same wet nurse. \nfrater uterinus (fray-t;Jr yoo-t;J-rI-n;Js). A brother or \nhalf-brother having the same mother. \nfraternal, adj. (ISc) l. Ofor relating to the relationship of \nbrothers. 2. Ofor relating to a fraternity or a fraternal \nbenefit association. \nfraternal benefit association. A voluntary organiza\ntion or society created for its members' mutual aid and \nbenefit rather than for profit, and whose members have \n\na common and worthy cause,"}
{"text": "created for its members' mutual aid and \nbenefit rather than for profit, and whose members have \n\na common and worthy cause, objective, or interest. \nThese associations usu. have a lodge system, a gov\nerning body, rituals, and a benefits system for their \nmembers. -Also termedfraternal benefit sOciety;fra\nternity; fraternal lodge; fraternal order. Cf. FRIENDLY \nSOCIETY. [Cases: Beneficial Associations \nfraternal insurance. See INSURANCE. \nfraternal lodge. See FRATERNAL BENEFIT ASSOCIA\nTION. \nfraternal order. See FRATERNAL BENEFIT ASSOCIA\nTION. \nfraternal society. See benevolent association under ASSO\nCIATION. \nfraternity. See FRATERNAL BENEFIT ASSOCIATION. \nfrater nutricius. See FRATER. \nfrater uterinus. See FRATER. \nfratres conjurati (fray-treez kon-jd-ray-tI). [Latin \"sworn \nbrothers\"] Hist. Sworn brothers or companions for the \ndefense oftheir sovereign or for other purposes. \nfratriage (fra-tree-ij or fray-). Hist. l. A younger brother's \nportion ofhis father's estate, received as an inheritance. \n Under feudal law, even though the land was from the \nfather's estate, the younger brother was bound to pay \nhomage to the older brother. 2. A portion ofan inheri\ntance given to coheirs. Also termedfratriagium. \nfratricide (fra-trd-SId or fray-). (15c) 1. The killing of \none's brother or sister. 2. One who has killed one's \nbrother or sister. Cf. SORORICIDE. fratricidal, adj. \nfraud, n. (14c) 1. A knowing misrepresentation ofthe \ntruth or concealment of a material fact to induce \nanother to act to his or her detriment.  Fraud is usu. a \ntort, but in some cases (esp. when the conduct is willful) \nit may be a crime. -Also termed intentional fraud. \n[Cases: Fraud (;:=> 1, 3, 16, 68.] 2. A misrepresentation \nmade recklessly without belief in its truth to induce \nanother person to act. [Cases: Fraud (;:=> 13(3).] 3. A \ntort arising from a knowing misrepresentation, con\ncealment ofmaterial fact, or reckless misrepresentation \nmade to induce another to act to his or her detriment. \n[Cases: Fraud C=>13(2), 13(3), 16.] 4. Unconscionable \ndealing; esp., in contract law, the unfair use of the \npower arising out ofthe parties' relative positions and \nresulting in an unconscionable bargain. [Cases: Con\ntracts (;:=> 1.] -fraudulent, adj. \n\"[TJhe use of the term fraud has been wider and less \nprecise in the chancery than in the commonlaw courts. \nThis followed necessarily from the remedies which they \nrespectively administered. Common law gave damages \nfor a wrong, and was compelled to define with care the \nwrong which furnished a cause of action. Equity refused \nspecific performance of a contract, or set aside a transac\ntion, or gave compensation where one party had acted \nunfairly by the other. Thus 'fraud' at common law is a false \nstatement ... : fraud In equity has often been used as \nmeaning unconscientious dealing -'although, I think, \nunfortunately,' a great equity lawyer has said.\" William R. \nAnson, Principles of the Law of Contract 263 (Arthur L \nCorbin ed., 3d Am. ed. 1919). actual fraud. (17c) A concealment or false represen\ntation through a statement or conduct that injures \nanother who relies on it in acting. -Also termed \nfraud in fact; positive fraud; moral fraud. [Cases: \nFraud(;::::;c3.] \nadvance-fee fraud. A criminal fraud in which the \nvictim is persuaded by the perpetrator to pay \"fees\" \nin anticipation ofreceiving a much larger benefit that \nis ultimately never delivered . The perpetrator usu. \nclaims to have, or to represent someone with, a large \nsum ofmoney that must be immediately transferred \nout ofa foreign country for some compelling reason, \nsuch as to avoid seizure by a government. The criminal \npromises the victim a portion ofthe money in return \nfor the victim's agreement to open a bank account in \nthe victim's name. The victim then must pay \"up front \nfees\" to the designated \"bank\" and others. Although \nthe Internet has become a favorite tool for this fraud, it \nhas been around for years, beginning with handwrit\nten or typed letters and later faxes. Because advance\nfee fraud is believed to have Originated in Nigeria, it is \nalso termed 419fraud after the section ofthe Nigerian \npenal code designed to punish those who defraud by \nthis method. [Cases: Fraud C:'68.] \naffiliate click fraud. Click fraud committed by a \nthird party who agrees to host the ad in exchange \nfor payment based on the number ofclicks. See click \nfraud. \naffinity fraud. A fraud in which the perpetrator tailors \nthe fraud to target members of a particular group \nunited by common traits or interests that produce \ninherent trust.  The perpetrator often is or pretends \nto be a member ofthe group. Investment scams such \nas Ponzi or pyramid schemes are common forms of \naffinity fraud. When a religiOUS group is targeted, it \nis usu. called religious-affinity fraud. \nbankfraud. The criminal offense ofknowingly execut\ning, or attempting to execute, a scheme or artifice to \ndefraud a financial institution, or to obtain property \nowned by or under the control of a financial institu\ntion, by means of false or fraudulent pretenses, rep\nresentations, or promises. 18 USCA  1344. [Cases: \nBanks and Banking C::>509.10, 509.25.] \nbankruptcy fraud. (1815) A fraudulent act connected to \na bankruptcy case; esp., any ofseveral proscribed acts \nperformed knowingly and fraudulently in a bank\nruptcy case, such as concealing assets or destroying, \nwithholding, or falSifying documents in an effort to \ndefeat bankruptcy-code provisions. See 18 USCA  \n152. Also termed criminal bankruptcy; bankruptcy \ncrime. [Cases: Bankruptcy (;::::;c.'3861.] \ncivilfraud. (18c) 1. FRAUD (J). 2. Tax. An intentional\nbut not willful evasion of taxes. The distinction \nbetween an intentional (I.e., civil) and willful (I.e., \ncriminal) fraud is not always clear, but civil fraud \ncarries only a monetary, noncriminal penalty. Cf. \ncriminal fraud; TAX EVASION. [Cases: Internal Revenue \n(':::>5218; Taxation \n\nclick fraud. A scheme in which a person or robot \nrepeatedly clicks on a merchant's pay-per-click adver\ntisement on a website for purposes other than viewing \nthe website or making a purchase. [Cases: Telecom\nmunications 0=> 1341.] \ncollateralfraud. See extrinsicfraud (1). \ncommon-law fraud. See promissory fraud. \ncompetitor click fraud. Click fraud committed by a \nbusiness's competitor in order to increase the amount \nof money the advertising merchant must pay to the \nsite hosting the ad. See click fraud. \nconstructive fraud. (18c) 1. Unintentional deception \nor misrepresentation that causes injury to another. \nAlso termed legal fraud; fraud in contemplation of \nlaw; eqUitable fraud;fraud in equity. 2. See fraud in \nlaw. [Cases: Fraud 0=>5.] \n\"In equity law the term fraud has a wider sense, and \nincludes all acts. omissions, or concealments by which \none person obtains an advantage against conscience over \nanother, or which equity or public policy forbids as being \nto another's prejudice; as acts in violation of trust and \nconfidence. This is often called constructive, legal, or equi \ntable fraud, or fraud in eqUity.\" Encyclopedia ofCriminology \n175 (Vernon C. Branham & Samuel B. Kutash eds., 1949), \nS.v. \"Fraud.\" \ncriminal fraud. (18c) Fraud that has been made illegal \nby statute and that subjects the offender to criminal \npenalties such as fines and imprisonment . An \nexample is the willful evasion of taxes accomplished \nby filing a fraudulent tax return. Cf. civil fraud; larceny \nby trick under LARCENY. [Cases: Internal Revenue ~ \n5263.20; Taxation \nelection fraud. See ELECTION FRAUD. \nequitable fraud. See constructive fraud (1). \nextrinsic fraud. (1851) 1. Deception that is collateral \nto the issues being considered in the case; intentional \nmisrepresentation or deceptive behavior outside the \ntransaction itself (whether a contract or a lawsuit), \ndepriving one party of informed consent or full par\nticipation . For example, a person might engage in \nextrinsic fraud by convincing a litigant not to hire \ncounselor answer by dishonestly saying the matter \nwill not be pursued. Also termed collateral fraud. \n2. Deception that prevents a person from knowing \nabout or asserting certain rights. [Cases: Federal Civil \nProcedure (.\"::::>2654; Judgment 0=>375,443(1).] \n419 fraud. See advance-fee fraud. \nfraud in contemplation oflaw. See constructive fraud (1). \nfraud in equity. See constructive fraud (1). \nfraud in fact. See actual fraud. \nfraud in law. (17c) Fraud that is presumed under the \ncircumstances, as when a debtor transfers assets and \nthereby impairs creditors' efforts to collect sums \ndue. -Also termed constructive fraud. \nfraud in the execution. Seefraud in the factum. \nfraud in the factum. (1848) Fraud occurring when a \nlegal instrument as actually executed differs from the one intended for execution by the person who \nexecutes it, or when the instrument may have had no \nlegal existence . Compared to fraud in the induce\nment, fraud in the factum occurs only rarely, as when \na blind person signs a mortgage when misleadingly \ntold that the paper is just a letter. Also termed fraud \nin the execution;fraud in the making. Cf. fraud in the \ninducement. [Cases: Contracts 0=>94(1).] \nfraud in the inducement. (1831) Fraud occurring \nwhen a misrepresentation leads another to enter into \na transaction with a false impression of the risks, \nduties, or obligations involved; an intentional mis\nrepresentation of a material risk or duty reasonably \nrelied on, thereby injuring the other party without \nvitiating the contract itself, esp. about a fact relating \nto value. -Also termed fraud in the procurement. \nCf. fraud in the factum. [Cases: Contracts C='94(1); \nFraud 24.] \nfraud in the making. Seefraud in the factum. \nfraud in the procurement. See fraud in the induce\nment. \nfraud on the community. Family law. In a community\nproperty state, the deliberate hiding or fraudulent \ntransfer of community assets before a divorce or death \nfor the purpose of preventing the other spouse from \nclaiming a half-interest ownership in the property. \n[Cases: Husband and Wife 0=>265.] \nfraud on the court. (1810) In a judicial proceeding, \na lawyer's or party's misconduct so serious that it \nundermines or is intended to undermine the integ\nrity of the proceeding . Examples are bribery of a \njuror and introduction of fabricated evidence. [Cases: \nFederal Civil Procedure Judgment 0=>372, \n440.] \nfraud on the market. 1. Fraud occurring when an issuer \nofsecurities out misinformation that affects the \nmarket price of stock, the result being that people who \nbuy or sell are effectively misled even though they did \nnot rely on the statement itself or anything derived \nfrom it other than the market price. [Cases: Securi\nties Regulation 2. The securities-law claim \nbased on such fraud. See FRAUD-ON-THE-MARKET \nPRINCIPLE. \nfraud on the Patent Office. Patents. A defense in a \npatent-infringement action, attacking the validity of \nthe patent on the grounds that the patentee gave the \nexaminer false or misleading information or withheld \nrelevant information that the examiner would have \nconsidered important in considering patentability . \nThe scope of prohibited acts is wider than that covered \nby common-law fraud, and today the defense is gener\nally called \"inequitable conduct before the PTO.\" If \nthe defense is established, the entire patent is rendered \nunenforceable. See defense of inequitable conduct \nunder DEFENSE (1). [Cases: Patents C-97.]J \nhidden fraud. Seefraudulent concealment under CON\nCEALMENT. \n\n733 \ninsurance fraud. Fraud committed against an insurer, \nas when an insured lies on a policy application or fab\nricates a claim. \nintrinsic fraud. (1832) Deception that pertains to an \nissue involved in an original action . Examples \ninclude the use of fabricated evidence, a false return \nof service, perjured testimony, and false receipts or \nother commercial documents. [Cases: Judgment \n373,441.] \nlegal fraud. See constructive fraud (1). \nlong-firm fraud. The act ofobtaining goods or money \non credit by falsely posing as an established business \nand having no intent to pay for the goods or repay \nthe loan. \nmailfraud. (1918) An act offraud using the U.S. Postal \nService, as in making false representations through \nthe mail to obtain an economic advantage. 18 USCA \n 1341-1347. [Cases: Postal Service ~35.] \nmoral fraud. See actual fraud. \npositive fraud. See actual fraud. \npromissory fraud. (1934"}
{"text": "ud. See actual fraud. \npositive fraud. See actual fraud. \npromissory fraud. (1934) A promise to perform made \nwhen the promisor had no intention of performing \nthe promise. -Also termed common-law fraud. \n[Cases: Fraud ~12.] \nreligious-affinity fraud. See affinity fraud. \ntaxfraud. See TAX EVASION. \nwire fraud. (1955) An act of fraud using electronic \ncommunications, as by making false representations \non the telephone to obtain money . The federal Wire \nFraud Act provides that any artifice to defraud by \nmeans of wire or other electronic communications \n(such as radio or television) in foreign or interstate \ncommerce is a crime. 18 USCA  1343. [Cases: Tele\ncommunications \nfraud, badge of. See BADGE OF FRAUD. \nfraudare (fraw-dair-ee), vb. [Latin] Roman law. To \ndefraud. \nfraud by hindsight. Hist. Securities. A claim of fraud \nbased on the assumption that a corporation deliber\nately misled investors by issuing optimistic financial \nstatements or forecasts and later reporting worse-than\nexpected results. Suits for fraud by hindsight were \ncommon in the early 19908. Congress eliminated this \nclaim in the Private Securities Litigation Reform Act of \n1995. 15 USCA  78u-4(b). [Cases: Securities Regula\ntion C=>60.27.J \nfraude (frawd). [French] Civil law. Fraud committed in \nperforming a contract. Cf. DOL. \nfraudfeasor (frawd-fee-zdr). A person who has commit\nted fraud. -Also termed defrauder. \nfraud in the execution. See fraud in the factum under \nFRAUD. \nfraud on creditors. See FRAUDULENT CONVEYANCE (1). \nfraud on the community. In a community-property \nstate, the deliberate hiding or fraudulent transfer of fraudulent conveyance \ncommunity assets before a divorce or death for the \npurpose ofpreventing the other spouse from claiming \na half-interest ownership in the property. \nfraud-on-the-market principle. Securities. The doctrine \nthat, in a claim under the antifraud provisions of the \nfederal securities laws, a plaintiff may presumptively \nestablish reliance on a misstatement about a securi\nty's value without proving actual knowledge of the \nfraudulent statement -if the stock is purchased in an \nopen and developed securities market. _ This doctrine \nrecognizes that the market price of an issuer's stock \nreflects all available public information. The presump\ntion is rebuttable. Also termed fraud-on-the-market \ntheory. See fraud on the market under FRAUD. [Cases: \nSecurities Regulation ~60.25.] \nfrauds, statute of. See STATUTE OF FRAUDS. \nfraudulent act. Conduct involving bad faith, dishonesty, \na lack ofintegrity, or moral turpitude. Also termed \ndishonest act;fraudulent or dishonest act. \nfraudulent alienation. 1. The transfer of property with \nan intent to defraud others, esp. creditors and lien\nholders. 2. The transfer of an estate asset by the estate's \nadministrator for little or no consideration. \nfraudulent alienee. See ALIENEE. \nfraudulent banking. The receipt of a deposit by a banker \nwho knew that the bank was insolvent at the time of the \ndeposit. [Cases: Banks and Banking <>82(2),83.] \nfraudulent claim. A false insurance claim. See FRAUD. \nfraudulent concealment. See CONCEALMENT. \nfraudulent-concealment rule. See CONCEALMENT \nRULE. \nfraudulent conversion. See CONVERSION (2). \nfraudulent conveyance. (I7c) 1. A transfer of property \nfor little or no consideration, made for the purpose of \nhindering or delaying a creditor by putting the property \nbeyond the creditor's reach; a transaction by which the \nowner of real or personal property seeks to place the \nproperty beyond the reach ofcreditors. Also termed \nfraud on creditors. [Cases: Fraudulent Conveyances \n1.] \n\"With respect to the general power which is exercisable by \ndeed, it seems that the principle that the donee's creditors \ncan reach the property subject to the exercised general \npower will have application only to the socalled fraudu\nlent conveyance. That is to say, if the owned assets of the \ndonee after the donative inter vivos exercise are sufficient \nto satisfy the creditors, then the exercise of the power will \nnot subject the appointive property to the claims of the \ncreditors; if, on the other hand, the owned assets of the \ndonee are inadequate to satisfy creditors' claims after the \nexercise of the power. then the transfer resulting from the \nexercise is likely to fall into the category of the fraudu\nlent conveyance and the creditors will be able to reach \nthe appointive property in the hands of the appointee.\" \nThomas F. Bergin & Paul G. Haskell, Preface to Estates in \nLand and Future Interests 173 (2d I'd. 1984). \n2. Bankruptcy. A prebankruptcy transfer or obligation \nmade or incurred by a debtor for little or no consid\neration or with the actual intent to hinder, delay, or \ndefraud a creditor . A bankruptcy trustee may recover \n\nsuch a conveyance from the transferee ifthe require\nments of 11 USCA  548 are met. Also termed fraud\nulent transfer. Cf. PREFERENTIAL TRANSFER. [Cases: \nBankruptcy (~=,2641-2651.] \nfraudulent debt. See DEBT. \nfraudulent joinder. See JOINDER. \nfraudulent marriage. See MARRIAGE (1). \nfraudulent misrepresentation. See MISREPRESENTA\nTION. \nfraudulent or dishonest act. See FRAUDULENT ACT. \nfraudulent pretenses. See FALSE PRETENSES. \nfraudulent representation. See fraudulent misrepresen\ntation under MISREPRESENTATION. \nfraudulent sale. See SALE. \nfraudulent transfer. See FRAUDULENT CONVEYANCE (2). \nfraus (fraws). [Latin] Deceit; cheating . For example, a \ndebtor who conveyed property with the specific intent \n(Jraus) of defrauding a creditor risked having the con\nveyance rescinded. \nfraus legis (fraws lee-jis). [Latin \"fraud on the law\"] \nRoman law. Evasion of the law; specif., doing some\nthing that is not expressly forbidden by statute, but that \nthe law does not want done. \nfray. See AFFRAY. \nFRB. abbr. FEDERAL RESERVE BOARD OF GOVERNORS. \nFRCA. abbr. See FAIR-CREDIT-REPORTING ACT. \nFRCP. abbr. FEDERAL RULES OF CIVIL PROCEDURE. \nF.R.D. \tabbr. Federal Rules Decisions; a series of \nreported federal court decisions (beginning in 1938) \nthat construe or apply the Federal Rules of Civil and \nCriminal Procedure . Also included are rule changes, \nceremonial proceedings offederal courts, and articles \non federal-court practice and procedure. Often \nwritten FRD. \nFRE. abbr. FEDERAL RULES OF EVIDENCE. \nFreddie Mac. See FEDERAL HOME LOAN MORTGAGE COR\nPORATION. \nfree, adj. (bef. 12c) 1. Having legal and political rights; \nenjoying political and civil liberty <a free citizen> \n<a free populace>. 2. Not subject to the constraint or \ndomination of another; enjoying personal freedom; \nemancipated <a free person>. 3. Characterized by \nchoice, rather than by compulsion or constraint <free \nwill>. 4. Unburdened <the land was free of any encum\nbrances>. 5. Not confined by force or restraint <free \nfrom prison>. 6. Unrestricted and unregulated <free \ntrade>. 7. Costing nothing; gratuitous <free tickets to \nthe game>. -freely, adv. \nfree, vb. 1. To liberate. 2. To remove (a person, animal, \nor thing) from a constraint or burden. \nfree agency, n. (ca. 1955) A professional athlete's ability \nto negotiate an employment contract with any team in \nthe league, rather than being confined to the league's \ncollective-bargaining system . Free agency is usu. granted to veteran players who have been in the league \nfor a certain number ofyears. Cf. RESERVE CLAUSE. \nfree agent, n. \nfree alms. See FRANKALMOIN. \nfree alongside ship. A mercantile-contract term allocat\ning the rights and duties of the buyer and the seller of \ngoods with respect to delivery, payment, and risk ofloss, \nwhereby the seller must clear the goods for export, and \ndeliver the goods to the wharfbeside the buyer's chosen \nvessel.  The seller's delivery is complete (and the risk \nofloss passes to the buyer) when the goods are placed \non the wharf beside the vessel. The buyer is responsible \nfor all costs of carriage. This term is used only when \ngoods are transported by sea or inland waterway. UCC \n 2-319. -Abbr. FAS. Cf. FREE ON BOARD; DELIVERED \nEX QUAY. [Cases: Sales (~201(4).] \nfree and dear, adj. Unencumbered byany liens; market\nable <free and clear title>. \nfree and common socage. See free socage under \nSOCAGE. \nfree and equal, adj. (Of an election) conducted so that \nthe electorate has a reasonable opportunity to vote, \nwith each vote given the same effect. [Cases: Elections \nfree bench. Hist. A widow's (and occasionally a wid\nower's) interest in the deceased spouse's estate . Free \nbench gave the surviving spouse a half interest in the \nestate until death or remarriage. -Also termed francus \nbancus;frank bank; liber bancus. \n\"The bench in question was, we may guess ... a bench at \nthe fireside. The surviving spouse has in time past been \nallowed to remain in the house along with the children. \nIn the days when families kept together, the right of the \nwidower or widow to remain at the fireside may have borne \na somewhat indefinite character .... By way of 'free bench' \nthe surviving spouse now has the enjoyment of onehalf \nof the land until death or second marriage, whether there \nhas ever been a child of the marriage or no.\" 2 Frederick \nPollock & Frederic W. Maitland, The History of English Law \nBefore the Time of Edward 1419 (2d ed. 1899). \nfree-bordo (I7c) Hist. 1. A small strip ofland (usu. 2112 \nfeet wide and lying just outside a fence) that the owner \nof the fenced property was allowed to claim and use. \n2. The right ofclaiming that quantity of land. Also \nspelled freebord; free bord; freeboard. Also termed \nfrancbordus. \nfree carrier. A mercantile-contract term allocating the \nrights and duties of the buyer and the seller ofgoods \nwith respect to delivery, payment, and risk Ofl088, \nwhereby the seller must clear the goods for export and \ndeliver them to the buyer's chosen carrier at a named \nplace. The seller's delivery is complete (and the risk \nofloss passes to the buyer) when the goods are loaded \non the collecting vehicle or otherwise placed at the car\nrier's disposal. The buyer is responsible for all costs of \ncarriage. There are no restrictions on the buyer's choice \nofcarrier. -Abbr. FCA. \nfree chapel. Hist. Eccles. law. A church founded by the \nCrown (or by a person under royal grant) and not \nsubject to the bishop's jurisdiction. \n\n735 \n\"[T]hose onely are Free-chappels. which are of the King's \nFoundation, and by him exempted from the Jurisdiction of \nthe Ordinary; but the King may licence a Subject to found \nsuch a Chappel. and by his Charter exempt it from the \nOrdinaries Visitation also .... [lIt is called free. in respect \nof its exemption from theJurisdiction of the Diocesan ....\" \nThomas Blount, Noma-Lexicon: A Law-Dictionary (1670). \nfree chase. See CHASE. \nfree city. Int'llaw. A country-like political and territo\nrial entity that, although independent in principle, does \nnot have the full capacity to act according to general \ninternational law but is nevertheless a subject ofinter\nnational law_ \nfreedman (freed-man). (16c) Hist. An emancipated \nslave. \nfreedom. (bef. 12c) 1. The state of being free or liberated_ \n2. A political right. \nFreedom of Access to Clinic Entrances Act. A 1994 \nfederal statute that provides for criminal sanctions, \nprivate civil causes of action, and civil action by the \nU.S. Attorney General against a person who uses force, \nthreat offorce, or physical obstruction to injure, intimi\ndate, or interfere with a provider or patient ofreproduc\ntive services or who damages a reproductive-services \nfacility. Abbr. FACE. [Cases: Abortion and Birth \nControl C=.128.] \nfreedom of assembly. See RIGHT OF ASSEMBLY. \nfreedom of association. (1889) The right to join with \nothers in a common undertaking that would be lawful \nifpursued individually . This right is protected by the \nFirst Amendment to the U.S. Constitution. The gov\nernment may not prohibit outsiders from joining an \nassociation, but the insiders do not necessarily have a \nright to exclude others. Cf. RIGHT OF ASSEMBLY. [Cases: \nConstitutional Law (;=-1440-1454.] \nfreedom ofexpressive association. The constitutional \nright of an individual to associate with others, without \nundue government interference, for the purpose of \nengaging in activities protected by the First Amend\nment, such as speech, assembly, and the exercise of \nreligion. \nfreedom ofintimate association. The constitutional \nright ofprivacy to form and preserve certain intimate \nhuman relationships without intrusion by the state "}
{"text": "ofintimate association. The constitutional \nright ofprivacy to form and preserve certain intimate \nhuman relationships without intrusion by the state \nbecause the relationships safeguard individual \nfreedom . The group relationships protected by the \nright to freedom of intimate association are familial \nin nature and are characterized by deep attachments, \na high degree ofcommitment, and the sharing ofdis\ntinctly personal aspects of Hfe. The exclusion ofothers \nis an essential characteristic of these relationships. \nfreedom ofchoice. (1817) 1. The liberty embodied in the \nexercise ofone's rights. 2. The parents' opportunity to \nselect a school for their child in a unitary, integrated \nschool system that is devoid of de jure segregation. \n3. The liberty to exercise one's right of privacy, esp. \nthe right to have an abortion. Also termed right to \nchoose; choice. [Cases: Abortion and Birth Control \n102.] freedom of the city \nfreedom of contract. (1879) The doctrine that people \nhave the right to bind themselves legally; a judicial \nconcept that contracts are based on mutual agreement \nand free choice, and thus should not be hampered by \nexternal control such as governmental interference . \nThis is the principle that people are able to fashion their \nrelations by private agreements, esp. as opposed to the \naSSigned roles ofthe feudal system. As Maine famously \nsaid, \"[T]he movement of progressive societies has been \na movement from Status to Contract.\" Henry Sumner \nMaine, Ancient Law 165 (1864). -Also termed liberty \nofcontract; autonomy ofthe parties. [Cases: Constitu\ntional Law Cr-'-;) 1118.] \n\"Like most shibboleths, that of 'freedom of contract' rarely. \nifever, received the close examination which its importance \ndeserved. and even today it is by no means easy to say \nwhat exactly the nineteenth-century judges meant when \nthey used this phrase. At least it may be said that the idea \nof freedom of contract embraced two closely connected, \nbut none the less distinct, concepts. In the first place it \nindicated that contracts were based on mutual agreement, \nwhile in the second place it emphasized that the creation of \na contract was the result of a free choice unhampered by \nexternal control such as government or legislative interfer \nence.\" p.s. Atiyah, An Introduction to the Law of Contract \n5 (3d ed. 1981). \nfreedom of expression. (1877) The freedom of speech, \npress, assembly, or religion as guaranteed by the First \nAmendment; the prohibition of governmental inter\nference with those freedoms. Cf. FREEDOM OF SPEECH. \n[Cases: Constitutional 1290-1428,1430,1490\n2304.] \nFreedom of Information Act. 1he federal statute that \nestablishes gUidelines for public disclosure of docu\nments and materials created and held by federal \nagencies. 5 USCA  552. The basic purpose of the \nstatute, or of a state statute modeled after it, is to give \nthe public access to official information so that the \npublic will be better informed and the government will \nbe more accountable for its actions. Abbr. FOIA. See \nREVERSE FOlA SUIT. [Cases: Records (:::::>50-68.] \nfreedom ofintimate association. See FREEDOM OF ASSO\nCIATION. \nfreedom ofpetition. See RIGHT TO PETITION. \nfreedom of religion. (l6c) The right to adhere to any \nform of religion or none, to practice or abstain from \npracticing religious beliefs, and to be free from govern\nmental interference with or promotion of religion, as \nguaranteed by the First Amendment and Article VI,  \n3 ofthe U.S. Constitution. [Cases: Constitutional Law \n(;=-1290-1428.] \nfreedom of speech. (17c) The right to express one's \nthoughts and opinions without governmental restric\ntion, as guaranteed by the First Amendment. -Also \ntermed liberty ofspeech. Cf. FREEDOM OF EXPRESSION. \n[Cases: Constitutional Law C=1490-2304.] \nFreedom of Speech Clause. See SPEECH CLAUSE. \nfreedom of the city. Hist. An immunity or privilege \nfrom some burden, esp. from county jurisdiction and \n\n736 freedom of the press \nits privilege ofmunicipal taxation and self-government, \nheld under a royal charter. \nfreedom of the press. (l7c) The right to print and \npublish materials without governmental interven\ntion, as guaranteed by the First Amendment. -Also \ntermed liberty ofthe press. [Cases: Constitutional Law \n~2070-2081.] \n\"'Freedom of the press' has less significance than meets \nthe eye. It is true, of course, that the First Amendment \nspecifically guarantees freedom of the press as well as \nfree speech, and the media often ascribe the freedom \nthey enjoy to the Press Clause. Even the Supreme Court \noccasionally emits rhetoric that implies as much. But as \na matter of positive law, the Press Clause actually plays a \nrather minor role in protecting the freedom of the press. \nMost of the freedoms the press receives from the First \nAmendment are no different from the freedoms everyone \nenjoys under the Speech Clause. The press is protected \nfrom most government censorship, libel judgments, and \nprior restraints not because it is the press but because \nthe Speech Clause protects all of us from those threats.\" \nDavid A. Anderson, Freedom of the Press, 80 Texas L. Rev. \n429, 430 (2002). \nfreedom ofthe seas. Int'llaw. The principle that the seas \nbeyond territorial waters are not subject to any coun\ntry's control.  Ships on the high seas are subject only \nto the jurisdiction of the country whose flag they fly, \nexcept in cases of piracy, hijacking, hot pursuit from \nterritorial waters, slave trading, and certain rights of \napproach by warships. -Also termed mare liberum. \n[Cases: International Law ~7.] \nfreedom-to-create statute. Patents. A law restricting \nan employer's ability to require employees to assign to \nthe employer all rights to their inventions, even those \nindependently developed. [Cases: Labor and Employ\nment~309.] \nfreedom-to-operate search. See INFRINGEMENT \nSEARCH. \nfree election. See ELECTION (3). \nfree enterprise. (1890) A private and consensual system \nof production and distribution, usu. conducted for a \nprofit in a competitive environment that is relatively \nfree ofgovernmental interference. See CAPITALISM. \nfree entry, egress, and regress (ee-gres I ree-gres). Hist. \nA person's right to go on land as often as reasonably \nnecessary. A tenant could go on land to gather crops \nstill growing after the tenancy expired. \nFree Exercise Clause. (1950) The constitutional provi\nsion (U.S. Const. amend. 1) prohibiting the govern\nment from interfering in people's religious practices \nor forms of worship. -Also termed Exercise Clause. \nCf. ESTABLISHMENT CLAUSE. [Cases: Constitutional \nLaw~1302.1 \nfree fishery. See FISHERY (1). \nfree-gas clause. Oil & gas. A provision in an oil-and-gas \nlease entitling the lessor or the surface owner to use gas \nproduced from the leased property without charge . \nUsed commonly in colder states, free-gas clauses usu. \nlimit how the gas may be used (e.g., domestic heating \nand light), how much gas may be used (e.g., not more than 300 MCF per year), or both. [Cases: Mines and \nMinerals ~79.5.] \nfreehold, n. (15c) 1. An estate in land held in fee simple, \nin fee tail, or for term oflife; any real-property interest \nthat is or may become possessory . At common law, \nthese estates were all created by enfeoffment with livery \nofseisin. [Cases: Estates in Property~4-7, 12.]2. The \ntenure by which such an estate is held. -Also termed \nfreehold estate; estate in freehold; freehold interest; \nfranktenement; liberum tenementum. Cf. LEASEHOLD. \ndeterminable freehold. See determinable estate under \nESTATE (4). \nmovable freehold. (18c) The land a seashore owner \nacquires or loses as water recedes or approaches. \n[Cases: Navigable Waters ~44.] \nperpetual freehold. An estate given to a grantee for life, \nand then successively to the grantee's heirs for life . \nThe effect of this type of freehold was to keep land \nwithin a family in perpetuity, much like a fee tail. \n\"It took the form of a grant 'to A for life, remainder to A's \nson for life, remainder to that son's son for life', and so on \nad infinitum. Such a limitation, ifvalid, would have been an \neffective substitute for the fee tail. The courts, however, set \ntheir face against this 'perpetual freehold' (as it was some\ntimes termed), and in Lovelace v. Lovelace (1 S8S) it was \nheld that remainders which did not vest before the deter\nmination of the first life estate would fail ex post facto. \nSubsequently a number of other, not entirely convincing, \nreasons were found for invalidating perpetual freeholds, \nultimately culminating in what is sometimes termed the \n'old' rule against perpetuities, but, more commonly, the \nrule in Whitby v. Mitchell, taking its name from the case \nwhich marked its emphatic reiteration.\" Peter Butt, Land \nLaw 136 (2d ed. 1988). \nfreeholder. (15c) Hist. One who possesses a freehold. \nfreeholder's court baron. See COURT BARON. \nfreehold estate. See FREEHOLD. \nfreehold interest. See FREEHOLD. \nfreehold land society. (usu. pl.) Hist. A society in \nEngland created to enable mechanics, artisans, and \nother workers to buy at the lowest possible price \nfreehold land with a sufficient yearly value to entitle \nthe owner to the right to vote in the county in which \nthe land was located. \nfree ice. Hist. Ice in navigable streams that does not \nbelong to the adjacent riparian owner or to another \nwith the right to appropriate it, but that belongs to the \nperson who first appropriates it. \nfree law. Hist. The civil rights enjoyed by a freeman \n(as opposed to a serf) . Free law could be forfeited if \nthe freeman was convicted of treason or an infamous \ncrime. \nfreeman. (bef. 12c) 1. A person who possesses and enjoys \nall the civil and political rights belonging to the people \nunder a free government. 2. A person who is not a slave. \n3. Hist. A member ofa municipal corporation (a city or \nborough) who possesses full civic rights, esp. the right \nto vote. 4. Hist. A freeholder. Cf. VILLEIN. 5. Hist. An \n\n737 freezeout \nallodial landowner. Cf. VASSAL. -Also written free \nman. \nFreeman-Walter-Abele test. Patents. An outmoded \ntwo-step judicial test for determining whether a claimed \ninvention is an unpatentable mathematical algorithm. \n The test looks first to whether an algorithm is explicit \nor inherent in the claim, and second to whether a patent \nwould wholly preempt others from using the algorithm. \nIn re Freeman, 573 F.2d 1237 (CCPA 1978); In re Walter, \n618 F.2d 758 (CCPA 1980); In re Abele, 684 F.2d 902 \n(CCPA 1982). The Federal Circuit has said the test has \n\"little, ifany, applicability\" after State St. Bank & Trust \nCo. v. Signature Fin. Group, 149 F.3d 1368 (Fed. Cir. \n1998). [Cases: Patents C:\":'6.] \nfree market. See open market under MARKET. \nfree ofall average. Maritime law. Insurance that covers \na total loss only. Abbr. FAA. \nfree on board. (ca. 1924) A mercantile-contract term \nallocating the rights and duties of the buyer and the \nseller ofgoods with respect to delivery, payment, and \nrisk oflos$, whereby the seller must clear the goods for \nexport, and the buyer must arrange for transportation . \n The seller's delivery is complete (and the risk of loss \npasses to the buyer) when the goods pass the transport\ner's rail. The buyer is responsible for all costs ofcarriage. \nDCC  2.319. -Abbr. FOB. Cf. FREE ALONGSIDE SHIP; \nDELIVERED EX SHIP. [Cases: Sales C='77(2).] \n\"In an F.O.B. ('free on board') contract, the goods must be \ndelivered on board by the seller, free of expense to the \npurchaser, and they are not at the latter's risk until actually \ndelivered on board, when the property in them passes to \nhim. The seller must also give the buyer sufficient notice \nto enable him to insure against loss during the sea transit. \nThe buyer, on the other hand, must name a ship or autho\nrize the seller to select one. The seller cannot sue for the \nprice until the goods are loaded, and if his inability to load \nwas caused by the buyer's failure to name an effective ship, \nhis only remedy lies in damages. Similarly, F.O.R. means \n'free on rail.''' 2 E.w. Chance, Principles of Mercantile Law \n86-87 (P.w. French ed., 10th ed. 1951). \nFOB destination. A mercantile term denoting that the \nseller is required to pay the freight charges as far as \nthe buyer's named destination. \nFOB shipping. A mercantile term denoting that the \nseller is required to bear the risk ofplacing the goods \non a carrier. [Cases: Sales C::> 201 (4).] \nfree port. See PORT. \nfree ride. (19c) A benefit obtained without paying a fair \nprice. For example, a competitor who used aerial pho\ntographs ofa plant-construction site to discover secret \nmanufacturing techniques was judicially criticized \nfor getting a free ride, in contrast to others who might \nspend time and effort legally reverse-engineering the \nsame techniques"}
{"text": "\nfor getting a free ride, in contrast to others who might \nspend time and effort legally reverse-engineering the \nsame techniques. \nfree rider. One who obtains an economic benefit at \nanother's expense without contributing to it. -Also \nwritten free rider. \nfree seas. See SEA. \nfree socage. See SOCAGE. Freestone rider. See PUGH CLAUSE. \nfree trade, n. (17c) The open and unrestricted import \nand export of goods without barriers, such as quotas \nor tariffs, other than those charged only as a revenue \nsource, as opposed to those deSigned to protect domestic \nbusinesses. Cf. protective tariff under TARIFF (2). \nfree-trade zone. A duty-free area within a country to \npromote commerce, esp. transshipment and process\ning, without entering into the country's market. Also \ntermedforeign trade zone;jree port. \nfreeware. (ca. 1983) Software, esp. open-source code, that \nis made generally available with express or implicit per\nmission for anyone to use, copy, modify, and distribute \nfor any purpose, including financial gain . The term \n\"free\" refers to usage rights rather than price - a dis\ntinction important in two respects. First, a user may \npurchase the initial copy offreeware. Second, software \navailable at no cost may not include permission for \nthe software's user to copy, modify, or give away the \nsoftware. -Also termed free software. Cf. PROPRIE\nTARY SOFTWARE; SEMI-FREE SOFTWARE; SHAREWARE. \nfree warren. See WARREN. \nfreeze, n. (1942) 1. A period when the government \nrestricts or immobilizes certain commercial activity. \ncreditJreeze. (1922)A period when the government \nrestricts bank-lending. \nwage-and-priceJreeze. (1943) A period when the gov\nernment forbids the increase ofwages and prices. \n2. A recapitalization ofa closed corporation so that the \nvalue of its existing capital is concentrated primarily \nin preferred stock rather than in common stock.  By \nfreeZing capital, the owner can transfer the common \nstock to heirs without taxation while continuing to \nenjoy preferred-stock income during the owner's \nlifetime, while the common stock grows, \nfreeze, vb. 1. To cause to become fixed and unable to \nincrease <to freeze interest rates> <to freeze prices>. \n2. To make immobile by government mandate or \nbanking action <to freeze assets>. 3. To cease physical \nmovement, esp. when ordered by a law enforcement \nofficer <the police officer shouted at the suspect to \nfreeze>. \nfreezee, n. A person or entity subjected to a freeze-out. \nfreezeout, n. Corporations. A transaction in which a \nshareholder or group ofshareholders obtains the entire \ncommon-equity interest in a company while the other \nshareholders receive cash, debt, or preferred stock in \nexchange for their common-equity shares. -Also \ntermed going-private transaction. Cf. SQUEEZE-OUT. \n[Cases: Corporations (;=: 182.3,584; Securities Regu\nlation (;=:60.21.] \n\"A 'freeze-out' is usually accomplished by the merger of a \ncorporation into its parent corporation, where the parent \ncorporation owns a large percentage of the shares of the \nsubsidiary, and the minority shareholders are entitled to \nminimal distributions of cash or securities. A 'freeze-out' \nmay also be used to connote the situation where so large \na number of equity shares are issued to the acquiring \n\nfreeze out 738 \ncorporation that the public shareholders own less than 10 \npercent of the outstanding equity securities and, therefore, \nhave no control over the corporation or any of its decisions. \nIn such event, a short-form merger could later be used \nto eliminate the minority shareholders.\" 69A Am. Jur. 2d \nSecurities Regulation -State  245, at 971 n.60 (1993). \nparent-subsidiary freezeout. A transaction in \nwhich a parent company uses its majority ownership \nin a subsidiary to acquire the minority shareholders' \ninterest. \npure freezeout. A transaction in which company \ninsiders or employees acquire all the public shares of \nthe company, often with the help oflenders. Also \ntermed management buyout. See management buyout \nunder BUYOUT. \nsecond-step freezeout. A freezeout that takes place \nas the final phase of a two-step takeover, after the \ninitial phase in which a majority interest is acquired \nby the purchase ofshares in a tender offer, on the open \nmarket, from the issuer, from a control group, or from \nan issuer-control-group combination. \nfreeze out, vb.!. To subject one to a freeze-out. 2. To \nexclude a business competitor <freezing out the com\npetition>. \nfreeze-out merger. See cash merger under MERGER. \nfreight. (I5c) 1. Goods transported by water, land, or \nair; CARGO. 2. The compensation paid to a carrier for \ntransporting goods. [Cases: Carriers ~189; Shipping \n~144.] \n\"Freight, in the common acceptation of the term, means \nthe price for the actual transportation of goods by sea from \none place to another; but, in its more extensive sense, it \nis applied to all rewards or compensation paid for the use \nof ships, including the transportation of passengers.\" 3 \nJames Kent, Commentaries on American Law *219 (George \nComstock ed., 11th ed. 1866). \ndead freight. The amount paid by a shipper to a ship\nowner for the ship's unused cargo space. [Cases: \nShipping \nfreight absorption. See ABSORPTION (5). \nfreight forwarder. Maritime law. A person or company \nwhose business is to receive and ship goods for others. \n- A freight forwarder may be an agent of the cargo's \nowner or ofthe carrier, or may be an independent con\ntractor acting as a principal and assuming the carrier's \nresponsibility for delivering the cargo. -Also termed \nthird-party logistical service provider;forwarding agent. \n[Cases: Carriers Shipping ~112.J \nfreighting voyage. See VOYAGE. \nfreight rate. See RATE. \nfrenchman. Hist. (bef. 12c) A stranger; a foreigner. _ In \nearly English law, this term was applied to all foreign\ners, even those not from France. \nF reorganization. See REORGANIZATION (2). \nfresh, adj. (l3c) Recent; not stale; characterized by \nnewness without any material interval. \nfresh complaint. (1853) A reasonably prompt lodging of \na grievance; esp., a victim's prompt report of a sexual assault to someone trustworthy. [Cases: Criminal Law \n~366;Rape G=48(1)-49, 49.2.] \nfresh-complaint rule. The theory that a sexual-assault \nvictim's credibility is bolstered ifthe victim reports the \nassault soon after it occurs. _ Most courts no longer rec\nognize this theory. [Cases: Rape ~48(1)-49, 49.2.] \nfresh disseisin. See DISSEISIN. \nfresh fine. See FINE (5). \nfresh force. Hist. Force, such as disseisin or deforcement, \nnewly done. -This term refers to force used in a town, \nand for which a remedy (the Assize of Fresh Force) \nexisted. See assize offresh force under ASSIZE (8). \nfresh pursuit. (17c) 1. The right ofa police officer to make \na warrantless search of a fleeing suspect or to cross \njurisdictional lines to arrest a fleeing suspect. [Cases: \nArrest 66(3); Automobiles C=)349(12).] 2. \nThe right of a person to use reasonable force to retake \nproperty that has just been taken. -Also termed hot \npursuit. \nfresh start. (1857) Bankruptcy. The favorable financial \nstatus obtained by a debtor who receives a release from \npersonal liability on prepetition debts or who reorga\nnizes debt obligations through the confirmation and \ncompletion ofa bankruptcy plan. [Cases: Bankruptcy \nCr'\"\".:)2363.1.] \nFriday market. See MARKET. \nfriendly amendment. See AMENDMENT (3). \nfriendly fire. (1976) 1. A fire burning where it is intended \nto burn, yet capable of causing unintended damage. 2. \nMilitary or police gunfire that injures one's own side. \nfriendly-parent law. A statute that requires or allows a \njudge to consider as a factor in awarding custody the \nextent to which one parent encourages or thwarts the \nchild's relationship with the other parent. \nfriendly-parent principle. Family law. The theory that \nif one parent is more likely to support the child's rela\ntionship with the other parent after a divorce is granted, \nthen that more supportive parent should be awarded \ncustody. -This theory has been criticized as fundamen\ntally flawed because (1) a court may not consider the \nlegitimate fears and concerns that motivate a parent's \n\"unfriendly\" behavior, and (2) the theory's simplic\nity discourages a parent from revealing anything \nnegative about the other parent to the child, even if \nrelevant to the child's safety, for fear of being viewed \nas too hostile. -Also termed friendly-parent doctrine; \nfriendly-parent paradigm. \nfriendly society. (18c) In Britain, a voluntary association, \nsupported by subSCriptions or contributions, for the \npurpose ofprOViding financial relief to ill members and \nto their widows and children upon death . Friendly \nsocieties are regulated by statute. See benevolent asso\nciation under ASSOCIATION. Cf. FRATERNAL BENEFIT \nASSOCIATION. \nfriendly subpoena. See SUBPOENA. \n\nfriendly suit. (ISc) A lawsuit in which all the parties have \nagreed beforehand to allow a court to resolve the issues. \n_ Friendly suits are often filed by settling parties who \nwish to have a judgment entered. \nfriendly suitor. See WHITE KNIGHT. \nfriendly takeover. See TAKEOVER. \nfriend ofthecourt. (1816) 1. AMICUS CURIAE. 2. In some \njurisdictions, an official who investigates and advises \nthe court in domestic-relations cases involving minors. \n-The friend of the court may also help enforce court \norders in those cases. [Cases: Child Custody C::::'417, \n421,613,616; Infants (;::::J208.] \nfriend-of-the-court brief. See amicus brief under BRIEF. \nfringe benefit. See BENEFIT. \nfrisk, n. (l8c) A pat-down search to discover a concealed \nweapon. Also termed pat-down. See STOP AND FRISK. \nCf. SEARCH (1). [Cases: Arrest C::::'63.5(8); Automobiles \n(;::::c349.5(lO); Searches and Seizures C~70.1 \nfrivolous, adj. (ISc) Lacking a legal basis or legal merit; \nnot serious; not reasonably purposeful <a frivolous \nclaim>. \nfrivolous appeal. See APPEAL. \nfrivolous claim. See CLAIM (4). \nfrivolous defense. See DEFENSE (1). \nfrivolous suit. See SUIT. \nFRM. Seefixed-rate mortgage under MORTGAGE. \nfrolic (frol-ik), n. Torts. An employee's significant devia\ntion from the employer's business for personal reasons. \n- A frolic is outside the scope ofemployment, and thus \nthe employer is not vicariously liable for the employee's \nactions. Cf. DETOUR. [Cases: Labor and Employment \n(;::::c3061(1).) \nfront, n. (14c) 1. The side or part of a building or lot \nthat is open to view, that is the principal entrance, or \nthat faces out to the open (as to a lake or ocean); the \nforemost part of something <the property's front was \nits most valuable attribute>. 2. A person or group that \nserves to conceal the true identity or activity of the \nperson or group in control <the political party was a \nfront for the terrorist group>. 3. A political association \nsimilar to a party <popular front>. \nfrontage (fr:m-tij). (17c) 1. The part ofland abutting a \nstreet or highway or lying between a building's front \nand a street or highway <the property's value was so low \nbecause ofits narrow frontage>. 2. The linear distance \nofa frontage <the lot's frontage was 90 feet>. \nfrontage assessment. See ASSESSMENT. \nfrontager (fr;m-tij-dr), n. (17c) A person owning or occu\npying land that abuts a highway. river, seashore, or the \nlike. \nfront-end load. See loan fund under MUTUAL FUND. \nfront-end money. See SEED MONEY. front foot. (1863) A measurement used to calculate a \nfrontage assessment. Also termed abutting foot. \n[Cases: Municipal Corporations C::::'469.J \nfront-foot rule. (1872) The principle that an improve\nment cost is to be apportioned among several proper\nties in proportion to their frontage, without regard to \nthe benefits conferred on each property. -Also termed \nfront-foot plan. [Cases: Municipal Corporations C=:' \n469.J \nfrontier. For trade purposes, an international boundary. \nfront money. See SEED MONEY. \nfront-page citation. See CITATION (4). \nfront-page drawing. See DRAWING. \nfrontpay. Labor law. Court-awarded compensation for \nthe post-judgment effects of continuing employment \ndiscrimination. Cf. BACKPAY. [Cases: Civil Rights \n1571.] \nfront-running, 11. Securities. A broker's or analyst's use \nofnonpublic information to acquire securities or enter \ninto options or futures contracts for his or her own \nbenefit, knowing that when the information becomes \npublic, the price ofthe securities will change in a pre\ndictable manner. _ 'Ihis practice is illegal. Front-run\nning can occur in many ways. For example, a broker or \nanalyst who"}
{"text": ". _ 'Ihis practice is illegal. Front-run\nning can occur in many ways. For example, a broker or \nanalyst who works for a brokerage firm may buy shares \nin a company that the firm is about to recommend as \na strong buy or in which the firm is planning to buy a \nlarge block ofshares. See INSIDER TRADING. \nfront wages. See WAGE. \nfrottage. (ca. 1935) Sexual stimulation by rubbing the \ngenitals against another person. -This may be accom\nplished without removing clothing. When a child is \ninvolved, it is a form ofsexual abuse. \nfrozen account. See blocked account under ACCOL\"NT. \nfrozen asset. See ASSET. \nfrozen deposit. See DEPOSIT (2;). \nFRS. abbr. FEDERAL RESERVE SYSTEM. \nFRTIB. abbr. FEDERAL RETIREMENT THRIFT INVEST\nMENTBOARD. \nfructuarius (fr<'lk-choo-air-ee-ds). [Latin \"(one) entitled \nto fruits\"]!. Roman &civil law. One having the usufruct \nofa thing (as ofland and animals); a usufructuary. See \nUSUFRUCTUARY. 2. Hist. A lessee. PLfructuarii. \nfructus (fr;Jk-tds). [Latin \"fruits\") 1. Roman & civil law. \nThe natural produce ofland and animals; the profit or \nincrease from land and animals. -The owner of the \nland or animals acquired ownership by separatio, the \nseparation ofthe fruit from the parent body. A bona fide \npossessor or an emphyteuta also acquired ownership \nby separatio, which allowed a nonowner to claim title \nfrom a thief. But in Justinian's law, a bona fide possessor \nhad to account to a successful claimant for ownership \nfor the principal thing and any unconsumed fruits. A \ntenant or usufructuary acquired title only by perceptio, \nand cannot claim title from a thief. See PERCEPTION. Cf. \nFRUCTUS CIVILES. 2. USUFRUCT. PLfructus. \n\n740 fructus civiles \nfructus civiles (frak-tils sil-vl-Ieez). [Latin \"civil fruits\"] \nRoman & civil law. Income (such as rent or interest) \nthat one receives from another for the use or enjoy\nment ofa thing, esp. real property or loaned money. \nIn Roman law,fructus civiles included both minerals \nand the earnings ofslaves. \nfructusfundi (frak-tils fan-dI). [Latin \"land fruits\"] Ihe \nfruits or produce ofland. \nfructus industriales (frak-tas in-das-tree-ay-Ieez). [Latin \n\"industrial fruits\"] See EMBLEMENTS (1). \nfructus legis (frak-tils lee-jis). [Latin \"fruits ofthe law\"] \nThe proceeds ofjudgment or execution. [Cases: Execu\ntion C=>322.] \nfructus naturales (frak-tils nach-a-ray-leez). [Latin \n\"natural fruits\"] The natural produce ofland or plants \nand the offspring of animals. Fructus naturales are \nconsidered part ofthe real property. \nfructus pecudum (frak-tas pek-ya-dam). [Latin \"fruits of \nthe herd\"] The produce or increase offlocks or herds. \nfructus pendentes (frak-tds pen-den-teez). [Latin \n\"hanging fruits\"] Fruits not yet severed or gathered; \nfruits united with that which produces them. \nfructus percepti (frak-tas par-sep-tI). [Latin \"gathered \nfruits\"] Roman & civil law. Fruits that have been \ngathered. \nfructus rei alienae (frak-tas ree-I ay-lee-ee-nee or al-ee-). \n[Latin \"fruits of another's property\"] The fruits of \nanother's property; fruits taken from another's estate. \nfructus separati (frak-tas sep-a-ray-tr). [Latin \"sepa\nrated fruits\"] Roman & civil law. The produce ofa thing \nafter being separated from it, and so becoming in law \n\"fruits.\" \nfructus stantes (frak-tas stan-teez). [Latin \"standing \nfruits\"] Fruits that have not yet been severed from the \nstalk or stem. \nfructuum perceptio (frak-choo-;ml pdr-sep-shee-oh). \n[Latin] Roman & civil law. The rightful taking of the \nproduce of property by a person who does not own \nthe property. \nfruges (froo-jeez). [Latin \"fruits\" or \"crops\"] Roman & \ncivil law. Edible produce or crops; esculents. \nfrugi aut bonaefamae (froo-jI awt boh-nee fay-mee). \n[Latin) Hist. Frugal or ofgood reputation. \nfruit. (14c) 1. The produce or product ofsomething (as of \nland or property). 2. Civil law. Income or goods derived \nor produced from property without a diminution ofthe \nproperty's inherent value. \ncivil fruit. Civil law. Revenue derived from a thing by \noperation oflaw or by reason ofa juridical act, such \nas lease or interest payments, or certain corporate \ndistributions. La. Civ. Code art. 551. See FRUCTUS \nCIVILES. \nnaturalfruit. Civil law. A product of the land or of \nanimals. Examples are crops and eggs. La. Civ. \nCode art. 2317. See FRUCTUS NATURALES. 3. Something (such as evidence) obtained during an \nactivity or operation <the fruit ofthe officer's search>. \nSee FRUIT-OF-THE-POISONOUS-TREE DOCTRINE. \nfruit-and-the-tree doctrine. (1979) Tax. The rule that \nan individual who earns income cannot assign that \nincome to another person to avoid taxation. \nfruit-of-the-poisonous-tree doctrine. (1948) Criminal \nprocedure. The rule that evidence derived from an \nillegal search, arrest, or interrogation is inadmissible \nbecause the evidence (the \"fruit\") was tainted by the \nillegality (the \"poisonous tree\") . Under this doctrine, \nfor example, a murder weapon is inadmissible if the \nmap showing its location and used to find it was seized \nduring an illegal search. Also termedfrUits doctrine. \nSee EXCLUSIONARY RULE; ATTENUATION DOCTRINE; \nINDEPENDENT-SOURCE RULE; INEVITABLE-DISCOVERY \nRULE. [Cases: Criminal Law ~~394.l(3).] \nfruits of a crime. The proceeds acquired through \ncriminal acts. [Cases: Criminal Law ~'='1221.] \nfrustra (fras-tra). [Latin] Hist. In vain; to no purpose. \nfrustration, n. (16c) 1. The prevention or hindering of \nthe attainment of a goal, such as contractual perfor\nmance. \ncommercial frustration. (1918) An excuse for a party's \nnonperformance because of some unforeseeable \nand uncontrollable circumstance. -Also termed \neconomic frustration. [Cases: Contracts C=>309(1).] \nself-induced frustration. (1926) A breach ofcontract \ncaused by one party's action that prevents the per\nformance.1he phrase is something ofa misnomer, \nsince self-induced frustration is not really a type of \nfrustration at all but is instead a breach ofcontract. \ntemporary frustration. (1950) An occurrence that \nprevents performance and legally suspends the duty \nto perform for the duration of the event. If the \nburden or circumstance is substantially different after \nthe event, then the duty may be discharged. \n2. Contracts. The doctrine that ifa party's principal \npurpose is substantially frustrated by unanticipated \nchanged circumstances, that party's duties are dis\ncharged and the contract is considered terminated. \nAlso termedfrustration ofpurpose. Cf. IMPOSSIBILITY \n(4); IMPRACTICABILITY; MISTAKE. [Cases; Contracts \nC=>309.]- frustrate, vb. \nfrustrum terrae (fras-tram ter-ee). [Latin] Hist. A piece \nof land. This usu. referred to a fragment of land \nremaining after a survey. \nFrye test. The defunct federal common-law rule of \nevidence on the admissibility of scientific evidence. \n It required that the tests or procedures must have \ngained general acceptance in their particular field. \nFrye v. United States, 293 F. 1013 (D.C. Cir. 1923). In \nDaubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, \n113 S.Ct. 2786 (1993), the Supreme Court held that \nscientific evidence must meet the requirements of \nthe Federal Rules of Evidence, not the Frye test, to be \n\n741 full blood \nadmissible. See DAUBERT TEST. [Cases: Criminal Law \nC::=>388.1-388.4; Evidence C::=>555.] \nFSA. abbr. FARM SERVICE AGENCY. \nFSI. abbr. FOREIGN SERVICE INSTITUTE. \nFSIA. abbr. FOREIGN SOVEREIGN IMMUNITIES ACT. \nFSIS. abbr. FOOD SAFETY AND INSPECTION SERVICE. \nFSLIC. abbr. FEDERAL SAVINGS AND LOAN INSURANCE \nCORPORATION. \nFSS. abbr. FEDERAL SUPPLY SERVICE. \nFST. See field sobriety test under SOBRIETY TEST. \nF.Supp. abbr. Federal Supplement, a series of reported \ndecisions of the federal district courts (from 1932 to \n1998), the u.S. Court ofClaims (1932 to 1960), and the \nu.S. Customs Court (from 1949 to 1998, but renamed \nthe Court of International Trade in 1980) . It is the \nfirst ofthe Federal Supplement series. \nF.Supp.2d. abbr. The second series ofthe Federal Supple\nment, which includes decisions offederal district courts \nand the Court ofInternational Trade from 1997 to the \npresent.  Some of the F.Supp. volumes contain cases \nfrom 1998 and some ofthe F.Supp.2d volumes contain \ncases decided in 1997. \nFTA. abbr. FEDERAL TRANSIT ADMINISTRATION. \nFTC. abbr. FEDERAL TRADE COMMISSION. \nFTCA. abbr. FEDERAL TORT CLAIMS ACT. \nFTDA. abbr. FEDERAL TRADEMARK DILUTION ACT. \nFTO search. See INFRINGEMENT SEARCH. \nFTP. See FILE-TRANSFER PROTOCOL. \nFTS. abbr. FEDERAL TECHNOLOGY SERVICE. \nFTT. abbr. FAILURE TO THRIVE. \nfuer (fyoo-Jr). [Law French \"to flee\"] Flight from the \nlaw. -Also termedfugere. \nfuer infait (fyoo-Jr in fay). [Law French \"flight in fact\"] \nActual flight from the law. -Also termed fugere in \nfacta. \nfuer in ley (fyoo-Jr in lay). [Law French \"flight in law\"] \nLegal flight from the law. Ifthe accused failed to \nappear, the law treated that failure as flight. -Also \ntermedfugere in lege. \nfuero (foo-wer-oh). Spanish law. 1. A forum; court. 2. \nThe territory in which a court has the power to act. 3. \nA privilege enjoyed by some but not others. 4. A custom \nhaving the force oflaw. 5. Hist. A collection of local, \nusu. customary, laws. \nFuero Juzgo (hooz-goh). Hist. A 7th-century Visig\nothic code that was revised and incorporated into \nthe laws of 13th-century Spain . The code contains \nthe earliest known laws of community property. In \nthe 18th century, much ofthe Fuero Juzgo was incor\nporated into the Code Napoleon. In the 19th century, \nvestiges ofthe Fuero Juzgo were incorporated into the \nSpanish Civil Code. \nFuero Real (ray-ahl). Hist. A collection ofthe ancient \ncustoms of Castile, collected by order of Alfonse X in 1255 to produce a uniform legal code, much of \nwhich was incorporated into localfueros .  Louisi\nana's system of acquets and gains was adapted from \nthe Fuero Real. \nfugam fecit (fyoo-gJm fee-sit). [Law Latin] Hist. He fled; \nhe has made flight.  When a jury made this finding in \na felony or treason trial, the defendant's property was \nsubject to forfeiture. \nfugere. See FUER. \nfugere in facta. See fuer in fait under FUER. \nfugere in lege. See fuer in ley under FUER. \nfugitation (fyoo-jJ-tay-shJn). (18c) Hist. A sentence \nor declaration of fugitive status that was pronounced \nagainst an accused person for failing to answer a citation \nand appear.  The effect was that the person forfeited \nhis or her goods and chattels. -fugitate, vb. \nfugitive. (14c) 1. A person who flees or escapes; a refugee. \n2. A criminal suspect or a witness in a criminal case \nwho flees, evades, or escapes arrest, prosecution, \nimprisonment, service ofprocess, or the giving oftes\ntimony, esp. by fleeing the jurisdiction or by hiding. See \n18 USCA  1073. -Also termed (in sense 2) fugitive \nfrom justice. \nfugitive-disentitlement doctrine. An equitable rule \nthat allows a trial or appellate court to limit a fugitive's \naccess to civil and criminal courts in the United States. \n[Cases: Action C::=> 13; Criminal Law C::=> 1026.10(7).] \nfugitive-dismissal rule. The principle that an appel\nlate court may dismiss a criminal defendant's appeal if \nthe defendant is a fugitive. [Cases: Criminal Law C::=> \n1131(5).] \nFugitive Felon Act. A federal statute"}
{"text": "Cases: Criminal Law C::=> \n1131(5).] \nFugitive Felon Act. A federal statute that makes it a \nfelony to flee across state lines to avoid state-felony \nprosecution or confinement, or to avoid giving testi\nmony in a state-felony case. 18 USCA  1073. [Cases: \nEscape C::=> 1.] \nfugitive from justice. See FUGITIVE. \nfugitive's goods. Hist. The goods that a person forfeited \nas a result offleeing. \nfugitive-slave laws. Hist. Federal statutes passed in 1793 \nand 1850 providing for the surrender and return of \nslaves who had escaped and fled to a free territory or a \nfree state. [Cases: Slaves C::=>9.] \nfugitive warrant. See WARRANT (1). \nfugitivus (fyoo-jJ-tI-VJS), n. [Latin] Roman law. A \nrunaway slave; a fugitive. \nfugue (fyoog). (16c) An abnormal state of conscious\nness in which one appears to function normally but \non recovery has no memory of what one did while in \nthat condition. \nfull adversary hearing. See adjudication hearing under \nHEARING. \nfull age. See age ofmajority (1) under AGE. \nfull bench. Seefull court under COURT. \nfull blood. See BLOOD. \n\n742 full cash value \nfull cash value. See VALUE (2). \nfull copy. Equity practice. A complete transcript ofa bill \nor other pleading, with all indorsements and a copy of \nall exhibits. [Cases: Equity C=460.] \nfull court. See COURT. \nfull cousin. See COUSIN (1). \nfull-covenant-and-warranty deed. See warranty deed \nunder DEED. \nfull coverage. See COVERAGE. \nfull-crew law. A law that regulates the number of \nrailroad employees required to operate a train, or \nairline employees required to operate an airplane. \n[Cases: Railroads (;=>230.] \nfull defense. See DEFENSE (1). \nfull disclosure. See DISCLOSURE (1). \nfull faith and credit. The recognition, acceptance, and \nenforcement of the laws, orders, and judgments of \nanother jurisdiction; specif., the recognition by one \nstate of another state's legal decisions. [Cases: Judgment \n(;=>815,828.4; States C=5(2).] \nFull Faith and Credit Act. A federal statute requiring \nfederal courts to give a state court's judgment the same \npreclusive effect as the judgment would have under \nstate law. 28 USCA  1738. See Migra v. Warren City \nSchool Dist. Bd. ofEduc., 465 U.S. 75, 81,104 S.Ct. 892, \n896 (1984). [Cases: Judgment \nfull-faith-and-credit bond. See general-obligation bond \nunder BOND (3). \nFull Faith and Credit Clause. (1896) U.S. Const. art. IV, \n 1, which requires states to give effect to the acts, public \nrecords, and judicial decisions ofother states. [Cases: \nJudgment (;=>815,828.4; States (;=>5(2).] \nFull Faith and Credit for Child-Support Orders Act. \nA 1994 federal statute designed to facilitate interstate \nchild-support collection . Under the Act, the state first \nissuing a child-support order maintains continuing, \nexclusive jurisdiction to modify the order as long as \nthe child or one or both of the litigants continue to \nreside there, unless all the contestants agree in writing \nto change jurisdiction. An order from one state may be \nregistered for enforcement in another state. 28 USCA \n 1738B. [Cases: Child Support (;=>501(1), 506(2), 507, \n508(1).] \nfull hearing. See HEARING. \nfullied. Slang. Hist. See FULLY COMMITTED FOR TRIAL. \nfull indorsement. 1. See irregular indorsement under \nINDORSEMENT. 2. See special indorsement under \nINDORSEMENT. \nfull interdiction. See INTERDICTION (3). \nfull member. See voting member under MEMBER. \nfull name. See NAME. \nfull ownership. See perfect ownership under OWNER\nSHIP. \nfull-paid stock. See STOCK. full pardon. See absolute pardon under PARDON. \nfull partner. See general partner under PARTNER. \nfull payout lease. Seefinance lease under LEASE. \nfull performance. See PERFORMANCE. \nfull powers. Int'llaw. An official document deSignat\ning a person to represent a country for (1) negotiat\ning, adopting, or authenticating the text ofa treaty, (2) \nexpressing the consent of the country to be bound by \na treaty, or (3) accomplishing any act with respect to \nthe treaty. \nfull proof. See PROOF. \nfull-reporting clause. 1. Insurance. An insurance-pol\nicy clause that requires the insured to reveal values \nand that penalizes the insured if the insured revealed \nless than required in the policy application. Also \ntermed honesty clause. [Cases: Insurance (;=>2169.] 2. \nAn insurance-policy clause providing that the indem\nnity will not exceed the proportion of the loss that the \nlast reported value bears to the actual value. \nfull right. (18c) The union ofgood title with actual pos\nsession. \nfull-service lease. See LEASE. \nfull settlement. See SETTLEMENT (2). \nfull value. Seefair market value under VALUE (2). \nfull warranty. See WARRANTY (2). \nfully administered. (l7c) A plea by an executor or \nadministrator that he or she has completely and legally \ndisposed of all the assets ofthe estate and that the estate \nhas no remaining assets from which a new claim could \nbe satisfied. \nfully committed for trial, adj. English law. (Of a person) \nqualified to be indicted, arraigned, and tried . His\ntorically, a defendant went through two hearings that \nwere essentially minitrials to determine whether the \nevidence against the defendant was sufficient to support \nthe charges. If the hearing magistrate decided there \nwas, then the defendant was fully committed for trial. \nIn modern usage, it means only that the defendant \nhas had at least two bail hearings and has not yet been \nindicted. Often shortened to fully committed. \nFormerly also termed (in slang) fullied. \nfully diluted earnings per share. See EARNINGS PER \nSHARE. \nfully funded, adj. 1. Having sufficient financial resources \nto meet current payments, even upon bankruptcy <the \ncompany's pension plan was fully funded>. 2. Having \ncompletely satisfied a funding requirement; paid <the \nconstruction loan was fully funded>. -Also termed \nfunded. \nfully managed fund. See MUTUAL FUND. \nfully met. See ANTICIPATED. \nfully paid face-amount certificate. Seeface-amount cer\ntificate (2) under CERTIFICATE. \nfunction, n. (I6c) 1. Activity that is appropriate to a par\nticular business or profession <a court's function is to \n\n743 \nadminister justice>. 2. Office; duty; the occupation of \nan office <presidential function>. [Cases: Officers and \nPublic Employees 110.] \nfunctional analog. See Ar;\"ALOG. \nfunctional depreciation. See DEPRECIATIO~. \nfunctional discount. See DISCOUNT. \nfunctional disease. See DISEASE. \nfunctional feature. Trademarks. A design element that \nis either physically necessary to construct an article or \ncommercially necessary to manufacture and sell it; a \nproduct's attribute that is essential to its use, necessary \nfor its proper and successful operation, and utilitarian \nrather than ornamental in every detail. - A functional \nfeature is not eligible for trademark protection. [Cases: \nTrademarks (;::::: 1064, 1065(3).) \nfunctionality. (19c) Trademarks. The quality of having \na shape, configuration, deSign, or color that is so \nsuperior to available alternatives that giving the first \nuser exclusive trademark would hinder competi\ntion. [Cases: Trademarks 1064, 1065(3).) \naesthetic functionality. A doctrine that denies pro\ntection to the design of a product or its container \nwhen the design is necessary to enable the product \nto function as intended. \nfunctional limitation. Patents. In a patent application, \nthe definition of an invention by what it does rather \nthan what it is. - A functional limitation is not inher\nently invalid, but it is examined closely because it tends \nto be too broad, claiming every possible way ofdoing \nthe same thing. MPEP 2173.05(g). [Cases: Patents C:=> \n101(3).] \nfunctional obsolescence. See OBSOLESCENCE. \nfunctional rejection. See RErECTION. \nfunctionary. A public officer or employee. \nfunctus officio (f:mgk-tds <}-fish-ee-oh). [Latin \"having \nperformed his or her office\"] (l9c) (Of an officer or \nofficial body) without further authority or legal com\npetence because the duties and functions ofthe original \ncommission have been fully accomplished. _ The term \nis sometimes abbreviated to functus <the court was \nfunctus>. [Cases: Officers and Public Employees (;=. \n44.] \nfund, n. 07c) 1. A sum of money or other liquid assets \nestablished for a specific purpose <a fund reserved for \nunanticipated expenses>. \nblendedfund. A fund created by income from more \nthan one source, usu. from the sale ofa testator's real \nand personal property. \nchangingfund. A fund, esp. a trust fund, that changes \nits form periodically as it is invested and reinvested. \nclient-security fund. A fund established usu. by a state \nor a state bar association to compensate persons for \nlosses that they suffered because of their attorneys' \nmisappropriation of funds or other misconduct. \n[Cases: Attorney and Client fund \ncontingent fund. (18c) 1. A fund created by a munici\npality for expenses that will necessarily arise during \nthe year but that cannot be appropriately classified \nunder any ofthe specific purposes for which taxes are \ncollected. [Cases: Municipal Corporations C:=>886.J \n2. A fund segregated by a business to pay unknown \ncosts that may arise in the future. Also termed con\ntingency reserve. \nexecutorfund. A fund established for an executor to \npay an estate's final expenses. \nfund in court. (18c) 1. Contested money deposited \nwith the court. See INTERPLEADER. [Cases: Deposits \nin Court C:=> 1.] 2. Money deposited to pay a contin\ngent liability. \ngeneralfund. (l7c) 1. A government's primary oper\nating fund; a state's assets furnishing the means for \nthe support ofgovernment and for defraying the leg\nislature's discretionary appropriations. - A general \nfund is distinguished from assets ofa special charac\nter, such as trust, escrow, and special-purpose funds. \n[Cases: States <:::::? 126.] 2. A nonprofit entity's assets \nthat are not earmarked for a specific purpose. \ngeneral revenue fund. (1855) The fund out ofwhich \na municipality pays its ordinary and incidental \nexpenses. [Cases: Municipal Corporations C:=>886.] \nguaranty fund. A private deposit-insurance fund, \nraised primarily by assessments on banks, and used to \npay the depositors of an insolvent bank. -Guaranty \nfunds preceded the FDIC's federal-deposit insurance, \nwhich began in 1933, though many funds continued \nuntil the savings-and-Ioan crisis in the 1980s. Mas\nsachusetts has a guaranty fund for uninsured deposits \n(deposits above $100,000) that are not covered by fed\neral-deposit insurance. [Cases: Banks and Banking \nG~:>15,504-506.] \nimp rest fund (im-prest). A fund used by a business for \nsmall, routine expenses. \njoint-welfare fund. A fund that is established in collec\ntive bargaining to provide health and welfare benefits \nto union employees. -the fund is jointly managed \nby labor and management representatives. -Also \ntermed Taft-Hartley fund. \npaid-in fund. A reserve cash fund established by a \nmutual insurance company to pay unforeseen losses. \n_ The fund is in lieu of a capital stock account. \npooled-incomefund. See POOLED-INCOME FUND. \npublic fund. (usu. pl.) 1. The revenue or money ofa gov\nernmental body . The term includes not only coins \nand paper but also bank deposits and instruments \nrepresenting investments of public money. [Cases: \nMunicipal Corporations <::=>880.] 2. The securities \nofa state or national government. lCases: States C:=> \n122.] \nrevolvingfund. (1928) A fund whose moneys are con\ntinually expended and then replenished, such as a \npetty-cash fund. \n\nfund 744 \nsinking fund. (I8c) A fund consisting of regular \ndeposits that are accumulated with interest to pay \noff a long-term corporate or public debt. Abbr. SF. \n[Cases: Corporations C=:)486; Municipal Corpora\ntions 0=,951.] \nstrike fund. See STRIKE FUND. \nTaft-Hartley fund. See jOint-welfare fund. \ntrust fund. See TRUST FUND. \nunsatisfied-judgment fund. (1953) A fund established \nby a state to compensate persons for losses stemming \nfrom an automobile accident caused bv an uninsured \nor underinsured motorist. [Cases: AU:tomobiles (;:=: \n2. (usu, pI.) Money or other assets, such as stocks, \nbonds, or working capital, available to pay debts, \nexpenses, and the like <Sue invested her funds in her \nsister's business>, \ncurrent funds. Assets that can be readily converted \ninto cash. \n3. A pool of investments owned in common and \nmanaged for a fee; MUTUAL FUND <"}
{"text": "\ninto cash. \n3. A pool of investments owned in common and \nmanaged for a fee; MUTUAL FUND <a diverse portfolio \nof funds>, \nfund, vb, (18c) 1. To furnish money to (an individual, \nentity, or venture), esp, to finance a particular project. \n2. To use resources in a manner that produces interest. \n3. To convert (a debt, esp, an open account) into a long\nterm debt that bears interest at a fixed rate, \nfundamental error. See plain error under ERROR (2), \nfundamental-fairness doctrine. (1969) 'The rule that \napplies the principles of due process to a judicial pro\nceeding,  The term is commonly considered synony\nmous with due process, \nfundamental interest. See FUNDAMENTAL RIGHT, \nfundamental law. (I7c) The organic law that establishes \nthe governing principles ofa nation or state; esp\" CON\nSTITUTIONAL LAW, -Also termed organic law; ground\nlaw, Cf. NATURAL LAW. \nfundamental-miscarriage-of-justice exception. The \ndoctrine allowing a federal court in a habeas corpus \nproceeding to address a claim of constitutional error \nthat, although ordinarily unreviewable, is subject to \nreview because ofa state-court procedural default that \nrendered the proceedings basically unfair.  For the \nexception to apply, among other things, the petitioner \nmust show by a preponderance of the evidence that \nconstitutional error resulted in the conviction of one \nwho is actually innocent. Ifthe defaulted claim applies \nonly to sentencing, the exception permits review ofthe \nclaim ifthe petitioner shows by clear and convincing \nevidence that, but for the constitutional error, no rea\nsonable judge or jury would have imposed the sentence \nthat the petitioner received. [Cases: Habeas Corpus \nC:~c401.] \nfundamental right. (17c) 1. A right derived from natural \nor fundamental law, 2. Constitutional law, A signifi\ncant component ofliberty, encroachments of which are rigorously tested by courts to ascertain the soundness of \npurported governmental justifications,  A fundamen\ntal right triggers strict scrutiny to determine whether \nthe law violates the Due Process Clause or the Equal \nProtection Clause of the 14th Amendment. As enunci\nated by the Supreme Court, fundamental rights include \nvoting, interstate travel, and various aspects ofprivacy \n(such as marriage and contraception rights), -Also \ntermed fundamental interest. See STRICT SCRUTINY, Cf. \nSUSPECT CLASSIFICATION, [Cases: Constitutional Law \n3901.] \nfundamental term. See TERM (2). \nfundamental trend. See major trend under TREND, \nfundatio (f~n-day-shee-oh). [Latin \"founding\" or \"foun\ndation\"] Hist. The founding of a corporation, particu\nlarly an eleemosynary corporation, \nfundatio incipiens (bn-day-shee-oh in-sip-ee-enz), \n[Latin \"incipient foundation\"] The incorporation or \ngrant ofcorporate powers, \nfundatio perficiens (f;m-day-shee-oh p~r-fish-ee-enz), \n[Latin \"perfecting foundation\"] The endowment or \ngift offunds to a corporation, \nfunded. See FULLY FUNDED. \nfunded debt. See DEBT, \nfund in court. See FUND (1), \nfunding, n. (18c) 1. The process of financing capital \nexpenditures by issuing long-term debt obligations or \nby converting short-term obligations into long-term \nobligations to finance current expenses; the process \nof creating a funded debt. 2. The refinancing of a debt \nbefore its maturity. -Also termed refunding, 3. The \nprovision or allocation ofmoney for a specific purpose, \nsuch as for a penSion plan, by putting the money into a \nreserve fund or investments, [Cases: Labor and Employ\nment ~--::>500,] 4. The provision of financial resources \nto finance a particular activity or project, such as a \nresearch study,S. The transfer of property to a trust. \nfundi publici (f;ln-dr p;lb-l;,-sr), [Latin] Hist, Public \nlands, \nfundo annexa (f;ln-doh ~-nek-s<l). [Latin] Hist, Things \nannexed to the soil. \nfunds transfer. A payment ofmoney from one person or \nentity to another; esp., the process by which payment is \nmade through a series of transactions between comput\nerized banking systems, beginning with an originator's \npayment order and ending when a final payment order \nis received by the beneficiary's bank,  Commercial \nor wholesale funds transfers are governed by Article \n4A of the UCC. Consumer funds transfers are regu\nlated by the federal Electronic Fund Transfer Act (15 \nUSCA  1693 et seq,). Also termed (specif,) elec\ntronic funds transfer (EFT), [Cases: Banks and Banking \n(;:=:188.5.] \nfundus (f;ln-d~s), [Latin \"land\"] Hist. L Land or ground \nin general, without consideration of its specific use, 2. \nA farm, \n\n745 \nfundus emphyteuticarius (fan-das em-fa-tyoo-ti-kair\nee-as). Civil law. Land held under a hereditary lease\nhold. See EMPHYTEUSIS. \nfundus instructus (fan-das in-str;1k-t'ls). [Latin] Hist. \nLand already provided with certain necessaries. \nfundus patrimonialis (fan-das pa-tr;1-moh-nee-ay\nlis). [Latin] Roman law. Land belonging to the patri\nmonium principis (that is, property belonging to the \nemperor as such). \nfuneral expense. See EXPENSE. \nfungibiles res (fan-jib-a-leez reez). [Latin) Civil law. \nFungible things. \nfungible (f;m-ja-b<ll), adj. (18c) Commercially inter\nchangeable with other property of the same kind <corn \nand wheat are fungible goods, whereas land is not>. \nfungible, n. \nfungible goods. See GOODS. \nfur (far), n. [Latin) Roman law. A thief. \nfurandi animus (fyuu-ran-dr an-J-mJs). See animus \nfurandi under ANIMUS. \nfurca (far-b), n. [Latin \"fork\"] (l7c) Roman law. An \ninstrument of punishment with two prongs to which \nthe arms are tied . In England,furca became another \nname for gallows. \nfurca etflagellum (far-ka et fl<l-jei-<:lm). [Law Latin] \nHist. Gallows and whip. This referred to the basest \nof servile tenures the tenant was completely at the \nmercy of the lord. \nfurca etfossa (far-b et fahs-a). [Law Latin] Hist. Gallows \nand pit. -This phrase was used in ancient grants of \ncriminal jurisdiction for punishing felons: hanging for \nmen and drowning for women. \nfurfamosus (far f::l-moh-s::ls). [Latin] Scots law. A reputed \nthief. \nFurian Caninian law. See LEX FURIA CANINIA. \nfurigeldum (fyar-a-jel-d::lm). [Law Latin fur \"theft\" + \ngeldum \"payment\"] Hist. A fine paid for theft. \nfurlong (far-Iawng). (14c) One-eighth of a mile, or forty \nrods. -Also termed Jerlingus; Jerlingum. [Cases: \nWeights and Measures ~3.] \nfurlough (far-loh). (17c) 1. A leave of absence from \nmilitary or other employment duty. 2. A brief release \nfrom prison. See study release under RELEASE. \nfurlough, vb. [Cases: Prisons C--=:o 174,249.] \nfur manifestus (far man-;J-fes-tJs). [Latin \"manifest \nthief\"] Roman law. A thief caught in the act ofstealing. \n AJur manifestus could be put to death on the spot in \neither oftwo circumstances: (1) ifthe theft occurred at \nnight, or (2) if the thief used a lethal weapon against the \nperson who discovered the crime. Apart from this, the \nmanifest thief was liable to pay the owner four times the \nvalue of the stolen property. Also termed manifest \nthief \nfuror brevis. See HEAT OF PASSION. furtum \nfurta (far-ta). Hist. A right or privilege from the monarch \nto try, condemn, and execute criminals within a juris\ndiction. \nfurther advance. 1. A second or later loan to a mort\ngagor by a mortgagee, either on the same security as \nthe original loan or on an additional security. [Cases: \nMortgages 116.] 2. Equity practice. The agreed \nconversion of arrears ofinterest on a mortgage security \ninto principal. \nfurther assurance. See ASSURANCE. \nfurther-exploration covenant. Oil &gas. In an oil-and\ngas lease, an implied promise that once production has \nbeen obtained from the leased property, the lessee will \ncontinue to explore other parts of the property and \nother formations under it.  Some jurisdictions hold \nthat the covenant for further exploration does not exist \nindependently of the covenant for reasonable develop\nment. See also REASONABLE-DEVELOPMENT COVENANT; \nREASONABLY-PRUDENT-OPERATOR STANDARD. [Cases: \nMines and Minerals 78.1(7).] \nfurther instruction. See additional instruction under \nJURY INSTRUCTION. \nfurtum (far-t<lm), n. [Latin \"theft\") Roman law. 1. The \noffense of stealing movable property . Under Roman \nlaw,furtum included not only the taking ofanother's \nproperty, but any handling of the property done with \nthe intent of profiting by it. Furtum was not only a \nprivate wrong (delictum) prosecuted by the person suf\nfering the loss. Cf. PECULATUS. 2. The thing stolen. \nfurtum conceptum (far-t<Jm k::ln-sep-tam). [Latin] \nRoman law. A theft in which someone is discovered \nin possession of stolen property after a search with \nwitnesses. _ The possessor was liable to pay the owner \nthree times the value ofthe stolen property. The pos\nsessor could bring an action against the thief and \nrecover triple damages. \nfurtum grave (br-tam gray-vee or grah-vay). Hist. Scots \nlaw. An aggravated degree of theft that, in ancient \ntimes, was punishable by death. \nfurtum manifestum (far-tam man-::l-fes-t::lm). [Latin \n\"open theft\") Roman law. A theft in which the thief \nis caught in the act.  A theft was \"manifest\" if the \nthief was caught on the day of the theft with the stolen \nproperty before reaching the place where he intended \nto take it. Fourfold damages were available by means \nof actio Jurti. (See actio furti under ACTIO.) A theft \nother than this type was known as furtum nec mani\nfestum. \nfurtum oblatum (far-tam a-blay-tam). [Latin \"offered \ntheft\"] Roman law. 1. A theft in which the thief offers \nstolen property to a person who is then found with the \ngoods. \"The person found in possession ofthe stolen \ngoods could bring an action against the true thief 2. \nThe planting of stolen goods. \nfurtum possessionis (far-t::lm p::l-zes[h]-ee-oh-nis). \n[Latin \"theft of possession\"] Roman law. The owner's \ndishonest removal of a thing from the control of a \n\n746 Fusian Caninian law \npledgee, a bona fide possessor, a commodatary with \na lien, or a usufructuary. \nfurtum rei (far-tdm ree-I). [Latin \"theft of a thing\"] \nRoman law. Ordinary theft, involving the dishon\nest taking ofsomething to which the taker had no \nright. \nfurtum usus (far-tdm yoo-S;:lS oryoo-zdS). [Latin \"theft \nofthe use of a thing\"] Roman law. 1. A bailee's dis\nhonest use of the thing bailed or lent. 2. A creditor's \ndishonest use ofa pledge (pignus) without contractual \nauthority. \nFusian Caninian law. See LEX FURIA CANINIA. \nfustigation (fds-ti-gay-shan), n. (16c) 1. Hist. The beating \nof someone with a stick or club. 2. Harsh criticism. \nfustigate, vb. \nfustis (bs-tis). Hist. 1. A staff used in making livery of \nseisin. 2. A baton or club. \nFUTA. abbr. See FEDERAL UNEMPLOYMENT TAX ACT. \nfuthwite (footh-wIt). Hist. A fine for fighting or breaking \nthe peace. -Also termed fithwite. \nfuture-acquired property. See AFTER-ACQUIRED \nPROPERTY (1). \nfuture advance. (1805) Money secured by an original \nsecurity agreement even though it is lent after the \nsecurity interest has attached. [Cases: Secured Trans\nactions e::-~;20, 114.J \nfuture-advance dause. (1911) A contractual term in \na security agreement covering additional loaned \namounts on present collateral or collateral to be \nacquired in the future, regardless of whether the \nsecured party is obliged to make the advances; esp., \na provision in an open-end mortgage or deed of trust \nallOWing the borrower to borrow additional sums in \nthe future, secured under the same instrument and by \nthe same security. -This type of clause makes a new \nsecurity agreement unnecessary when the secured \ncreditor makes a future loan to the debtor. [Cases: \nMortgages 16, 116; Secured Transactions (:=-20, \n114.] \nfuture-advances mortgage. See MORTGAGE. \nfuture consideration. See CONSIDERATION (1). future covenant. See COVENANT (4). \nfuture damages. See DAMAGES. \nfuture earnings. See lost earnings under EARNINGS. \nfuture estate"}
{"text": "future damages. See DAMAGES. \nfuture earnings. See lost earnings under EARNINGS. \nfuture estate. Seefuture interest under INTEREST (2). \nfuture goods. See GOODS. \nfuture interest. See INTEREST (2). \nfuture performance. See PERFORMANCE. \nfutures, n. 1. Standardized assets (such as commodi\nties, stocks, or foreign currencies) bought or sold for \nfuture acceptance or delivery. Also termedfinancial \nfutures. 2. FUTURES CONTRACT. 3. Future claimants, \nesp. those who would become members of a class of \npersons injured by a defendant and thus included in \na class action. \nfutures-commission merchant. An individual or firm \nthat executes orders to buy and sell futures or futures \noptions. [Cases: Commodity Futures Trading Regula\ntion 20, 26.] \nfutures contract. An agreement to buy or sell a stan\ndardized asset (such as a commodity, stock, or foreign \ncurrency) at a fixed price at a future time, usu. during \na particular time ofa month. -Futures contracts are \ntraded on exchanges such as the Chicago Board of \nTrade or the Chicago Mercantile Exchange. Often \nshortened to futures. -Also termed futures agreement; \ntime-bargain. Cf. forward contract under CONTRACT; \nLEVERAGE CONTRACT; OPTION. Commodity \nFutures Trading Regulation (:=-10.] \nfutures market. See MARKET. \nfutures option. See OPTION. \nfutures trading. The buying and selling offutures con\ntracts, usu. on formal exchanges. [Cases: Commodity \nFutures Trading Regulation G=, 11.] \nfuture use. See contingent use under USE (4). \nfuture value. See VALUE (2). \nFWC. abbr. File wrapper continuation. See CONTINUA\nTION; CONTINUATION-IN-PART. \nFWS. abbr. UNITED STATES FISH AND WILDLIFE SERVICE. \nfyrdfare. See FERDFARE. \n\nG \nGA. abbr. See general average under AVERAGE. \nGAAP (gap). abbr. GENERALLY ACCEPTED ACCOUNTING \nPRINCIPLES. \nGAAS (gas). abbr. GENERALLY ACCEPTED AUDITING \nSTANDARDS. \ngabel (g;J-bel). Hist. 1. A tax or duty on movables. 2. \nGAVEL (2). -Also spelledgabelle. See LAND-GAVEL. \ngabelle (g;J-bel). Hist. 1. A tax or duty on merchandise. \n2. A peasant villager, esp. one who pays rent or tribute. \nSee GAVEL (1). -Also spelled gabella; gavella. \ngage (gayj), n. (l4c) A pledge, pawn, or other thing depos\nited as security for performance . An archaic use of \nthis word corresponded to the way wage was formerly \nused in legal contexts: a gager del ley, for example, was \nan earlier form of wager oflaw, while gager de deliver\nance had the same meaning as wager ofdeliverance. \nCf. WAGE (2). \n\"A single root has sent out many branches which over\nshadow large fields of law. Gage, engagement, wage, \nwages, wager, wed, wedding, the Scottish wadset, all \nspring from one root. In particular we must notice that \nthe word 'gage,' in Latin vadium, is applied indiscriminately \nto movables and immovables, to transactions in which a \ngage is given and to those in which a gage is taken. When a \nlord has seized his tenant's goods in distress they are in his \nhands a gage for the payment of the rent that is in arrear, \nand the sheriff is always taking gages from those who have \nno mind to give them. The notion expressed by the word \nseems to be that expressed by our 'security' ....\" 2 Fred\nerick Pollock & Frederic W. Maitland, The History ofEnglish \nLaw Before the Time ofEdward 1117-18 (2d ed. 1899). \ngage, vb. (14c) To pawn or pledge; to give as security for. \n Gage is an older form of wage, and often appeared as \na phrase, gager deliverance. \n\"Though the word Cage be retained, as it is a Substantive, \nyet as it is a verb, use hath turned the Cage into Wage so \nas it is oftener written Wage; as to Wage Deliverance, to \ngive security, that a thing shall be delivered: For, if he that \ndistrained, being sued, have not delivered the Cattle that \nwere distrained, then he shall not onely avow the Distress, \nbut Cager Deliverance, put in surety, that he will deliver \nthem.\" Thomas Blount, Noma Lexicon. A Law-Dictionary \n(1670). \ngager (gay-j;Jr), n. The giving ofsecurity; the transaction \nin which one gives a gage. See GAGE. \ngager del ley. See WAGER OF LAW. \ngag order. (1952) 1. A judge's order directing parties, \nattorneys, witnesses, or journalists to refrain from \npublicly discussing the facts ofa case . When directed \nto the press, such an order is generally unconstitutional \nunder the First Amendment. [Cases: Criminal Law C=:c \n633.33; Federal Civil Procedure C=:c 1951; Trial C=:c 18, \n20.] 2. A judge's order that an unruly defendant be \nbound and gagged during trial to prevent further inter\nruptions. [Cases: Criminal Law C=:c637.] gain, n. (14c) 1. An increase in amount, degree, or \nvalue. \npecuniary gain. (l8c) 1. A gain of money or of some\nthing having monetary value. 2. Criminal law. Any \nmonetary or economic gain that serves as an impetus \nfor the commission of an offense. In most states, \nan offense and its punishment are aggravated if the \noffense was committed for pecuniary gain. Murder, \nfor example, is often aggravated to capital murder if \nthe murderer is paid to commit the crime. See SOLICI\nTATION (2). \n2. Excess of receipts over expenditures or ofsale price \nover cost. See PROFIT (1). 3. Tax. The excess of the \namount realized from a sale or other disposition of \nproperty over the property's adjusted value. IRC (26 \nUSCA)  1001. -Also termed realized gain; net gain; \n(in senses 2 & 3) business gain. [Cases: Internal Revenue \n~'\"\"='3178-3216.] \ncapital gain. See CAPITAL GAIN. \nextraordinary gain. (16c) A gain that is both unusual \nand infrequent, such as the gain realized from selling \na large segment ofa business. \nordinary gain. (1945) A gain from the sale or exchange \nofa noncapital asset. Cf. CAPITAL GAIN. \nrecognized gain. (1951) The portion of a gain that is \nsubject to income taxation. IRC (26 USCA)  1001(c). \nSee BOOT (1). [Cases: Internal Revenue C=:c3178\n3216.] \n4. (pl.) Civil law. A type of community property that \nreflects the increase in property value brought about \nby the spouses' common skill or labor. See COMMU\nNITY PROPERTY; ACQUET. [Cases: Husband and Wife \nC=:c258.] \ngainage. See WAINAGE (2). \ngainful employment. See EMPLOYMENT. \ngainor. See SOCMAN. \ngains, n. See GAIN. \nGAL. abbr. See guardian ad litem under GUARDIAN. \ngale (gayl). (17c) Hist. 1. A periodic payment of rent. See \nGAVEL (2). 2. Rent paid by a free miner (the galee) for \nthe right to mine a plot of land. 3. A license to mine a \nplot ofland. A gale could be conveyed or devised. 4. \nThe land so licensed. \nGallagher agreement. (1977) A contract that gives one \ncodefendant the right to settle with the plaintiff for a \nfixed sum at any time during trial and that guarantees \npayment of the sum regardless of the trial's outcome. \nCity ofTucson v. Gallagher, 493 P.2d 1197 (Ariz. 1972). \nCf. MARY CARTER AGREEMENT. [Cases: Compromise \nand Settlement C=:c 100.] \n\n748 gallows \ngallows. (bef. 12c) A wooden frame consisting of two \nupright posts and a crossbeam, from which condemned \ncriminals are hanged by a rope. \ngamalis (g;}-may-lis). [Law Latin] Hist. 1. A child born \nin lawful wedlock. 2. A child born to betrothed but \nunmarried parents. \ngambler. See COMMON GAMBLER. \ngambling, n. (l8c) The act ofrisking something ofvalue, \nesp. money, for a chance to win a prize. -Gambling is \nregulated by state and federal law. 18 USCA  1081 et \nseq. Also termed gaming. See COMMON GAMBLER. \n[Cases: Gaming C==> 1,4.) \nIndian gambling. Gambling conducted by a feder\nally recognized Indian tribe and regulated by federal \nlaw. \ngambling contract. See CONTRACT. \ngambling device. Any thing, such as cards, dice, or an \nelectronic or mechanical contrivance, that allows a \nperson to playa game of chance in which money may \nbe won or lost. -Gambling devices are regulated by \nlaw, and the use or possession of a gambling device can \nbe illegal. Also termed gaming device. \ngambling place. Any location where gambling occurs. \nIS USCA  lOS1. -Also termed gaming house; gaming \nroom. \ngambling policy. See wager policy under INSURANCE \nPOLICY. \ngambling verdict. See chance verdict under VERDICT. \ngame, n. (l3c) 1. Wild animals and birds considered as \nobjects of pursuit, for food or sport; esp., animals for \nwhich one must have a license to hunt. [Cases: Game \n2. A contest, for amusement or for a prize, whose \noutcome depends on the skill, strength, or luck of the \nplayers. [Cases: GamingC==>6.) \ngame ofchance. A game whose outcome is determined \nby luck rather than skill. See GAMBLING DEVICE. \n[Cases: Gaming C==>6; Lotteries \n\"Games of chance do not cease to be such merely because \nthey call for the exercise of skill by the players, nor do \ngames of skill cease to be so because at times .. their \nresult is determined by some unforeseen aCcident, usually \ncalled 'luck.' According to some cases, the test of the char\nacter of the game is not whether it contains an element \nof chance or an element of skill, but which of these is \nthe dominating element that determines the result of the \ngame.... And it has been said that 'it is the character of \nthe game, and not the skill or want of skill of the player,' \nwhich determines whether a game is one ofchance or skill:' \n38 Am. Jur. 2d Gambling  4, at 109-10 (1968). \ngame ofskill. A game in which the outcome is deter\nmined by a player's superior knowledge or ability, not \nchance. [Cases: Gaming C==>6.J \npercentage game. A game of chance from which the \nhouse collects an amount calculated as a percentage \nof the wagers made or the sums won. Percentage \ngames are illegal in many states. Gaming C==> \n6S.) \ngame, vb. To gamble; to play for a stake. game law. (lSc) A federal or state law that regulates the \nhunting of game, esp. one that forbids the capturing \nor killing of specified game either entirely or season\nally, describes the means for killing or capturing game \nin season, or restricts the number and type of game \nanimals that may be killed or captured in season. 16 \nUSCA  661-667; 18 USCA  41-47. [Cases: Game \nC==>4.] \ngamete intrafallopian transfer. (ca. 1984) A procedure \nin which mature eggs are implanted in a woman's fallo\npian tubes and fertilized with semen. -Abbr. GIFT. \nAlso termed gamete intrafallopian-tube transfer. Cf. \nZYGOTE INTRAFALLOPIAN TRANSFER; ARTIFICIAL \nINSEMINATION; IN VITRO FERTILIZATION. \ngaming. See GAMBLING. \ngaming contract. See gambling contract under \nCONTRACT. \ngaming device. See GAMBLING DEVICE. \ngaming house. See GAMBLING PLACE. \ngaming room. See GAMBLING PLACE. \nganancial (g~-nan-sh;}I), adj. (1843) Of, relating to, or \nconsisting ofcommunity property <a spouse's ganan\ncial rights>. See COMMUNITY PROPERTY. \n\"The Spanish [more correctly, the Castilian] form of commu\nnity property, called the 'gananCial' system, is found today \nin nine states of the United States, the Spanish-American \nrepublics of Central and South America, the Common\nwealth of Puerto Rico and the Philippine Republic.\" Robert \nL Menell & Thomas M. Boykoff, Community Property in Q \nNutshell 10 (2d ed. 1988). \nG & A. abbr. See general administrative expense under \nEXPENSE. \ngang. (ISc) A group ofpersons who go about together or \nact in concert, esp. for antisocial or criminal purposes. \n-Many gangs have common identifying signs and \nsymbols, such as hand Signals and distinctive colors. \nAlso termed street gang. \ngangland. (ca. 1912) The world of criminal gangs and \norganized crime. \ngangster. A member ofa criminal gang or an organized\ncrime syndicate. \nGanser's syndrome (gahn-z;}r or gan-s;}r). (1968) An \nabnormality characterized by the giving of irrelevant \nand nonsensical answers to questions. _"}
{"text": "). (1968) An \nabnormality characterized by the giving of irrelevant \nand nonsensical answers to questions. _ Prisoners have \nbeen known to feign this syndrome in an attempt to \nobtain leniency. \ngantlet (gawnt-lit). [fr. Swedish gata \"lane\" + lopp \n\"course\") (15c) 1. Hist. A former military punishment \nin which the offender was stripped to the waist and \nforced to run between two rows of soldiers who gave \nhim lashes as he passed. 2. A series of severe troubles or \ndifficulties; an ordeal. - Also spelled gauntlet; (archai\ncally) gantlope. \nGAO. abbr. GENERAL ACCOUNTABILITY OFFICE. \ngaol. See JAIL. \ngaol delivery. See JAIL DELIVERY. \n\n749 \ngaoler. See TAILER. \ngaol liberties. See TAIL LIBERTIES. \ngap. See GAP PERIOD. \ngap creditor. See CREDITOR. \ngap-filler. (l5c) A rule that supplies a contractual term \nthat the parties failed to include in the contract.  For \nexample, if the contract does not contain a sales price, \nUCC  2-305(1) establishes the price as being a rea\nsonable one at the time ofdelivery. Cf. DEFAULT RULE. \n[Cases: Sales (;:--\">22(4), 23(4).] \n\"Contracts often have gaps in them. intentional or inadver \ntent. Gaps arise, too, out of the 'battle of the forms' under \nsections 2-204 and 2-207. Some gaps are more or less \ncomplete, others only partial. Article 2 of the Code includes \nnumerous gap filler provisions which taken together con \nstitute a kind of standardized statutory contract.\" 1James \nJ. White & Robert S. Summers, Uniform Commercial Code \n 3-4 (4th ed. 1995). \ngap financing. See FINANCING. \ngap period. (1978) Bankruptcy. The duration of time \nbetween the filing of an involuntary bankruptcy \npetition and the entry of the order for relief. Often \nshortened to gap. [Cases: Bankruptcy (~~)2281.] \ngap report. (1984) In the making of federal court a \nreport that explains any changes made by an advisory \ncommittee in the language of a proposed amendment \nto a procedural rule after its publication for comment.  \nBefore advisory committees began issuing gap reports \nin the early 1980s, there were complaints that the public \nrecord did not show why changes were made after the \npublic-comment period. The five adviSory commit\ntees -for appellate, bankruptcy, civil, criminal, and \nevidence rules therefore began filing the reports to \nfill in the \"gaps\" in the record. Although the phrase is \nsometimes written in capital letters (GAP report), it is \nnot an acronym. \ngap theory. Insurance. The principle that a tortfeasor \nwill be considered underinsured ifhis or her liabilitv\ninsurance coverage although legally adequate 'is \nless than the injured party's underinsured-motorist \ncoverage . This principle allows an injured party to \ninvoke underinsured-motorist coverage. Cf. EXCESS \nTHEORY. [Cases: Insurance~2787.1 \ngarageman's lien. See mechanic's lien under LIEN. \ngarandia (gd-ran-dee-d). [Law Latin] Hist. A warranty. \nAlso spelled garantia (gd-ran-shee-a). \ngarauntor (gar-om-tar). [Law French] Hist. A warrantor \nofland . Agarauntorwas obligated to defend the title \nand seisin ofthe alienee. Ifthe alienee was evicted, the \ngarauntor had to provide the alienee with other land \nofequal value. \nGarcia hearing (gahr-see-a). (1981) Criminal procedure. \nA hearing held to ensure that a defendant who is one \nof two or more defendants represented by the same \nattornev understands (1) the risk of a conflict of interest \ninhere~t in this type of representation, and (2) that he \nor she is entitled to the services of an attorney who \ndoes not represent anyone else in the defendant's case. garnishee \nUnited States v. Garcia, 517 E2d 272 (5th Cir. 1975). \nSee CONFLICT OF INTEREST (2). [Cases: Criminal Law \n1790.] \ngard (gahrd). [Law French] Hist. 1. Wardship or custody \n(of a person). 2. A precinct (or ward) ofa city. -Also \nspelled garde; gardia. \ngarde (gahrd). [French] I. Civil law. A relationship that \ngives rise to a person's liability when an injury is caused \nby a thing, whether animate or inanimate, that is con\nsidered by law to be that person's responsibility or to \nbe in that person's custody. 2. See GARD. \ngardein (gahr-deen). [Law French] Hist. A guardian or \nkeeper. Also spelled gardian; gardien; gardeyn. \ngardia (gahr-dee-d). GARD. \ngardianus (gahr-dee-ay-nas). [Law Latin] Hist. A \nguardian, defender, or protector; a warden. -Also \nspelled guardian us. \ngardianus ecclesiae (gahr-dee-ay-nas e-klee-z[h]ee-ee). \nEccles. law. A churchwarden. \ngarene (ga-reen). [Law French] See WARREN. \nGarmon doctrine. See Garmon preemption under PRE\nEMPTION. \nGarmon preemption. See PREEMPTION. \nGarner doctrine. (1970) The rule that allows shareholder \nplaintiffs in a corporate derivative action to discover \nconfidential communications between a corporate \nofficer and the corporation's attorney . The Garner \ndoctrine does not apply to attorney work product, and \nthe movant must show good cause. Garner v. Wolfm\nbarger, 430 F.2d 1093 (5th Cir. 1970). See DERIVATIVE \nACTION (1). [Cases: Federal Civil Procedure ~1604(1); \nPrivileged Communications and Confidentiality ~ \n113.] \n, garnish, n. (16c) Hist. Money exacted from a new \n. \tprisoner by other prisoners or as a jailer's fee. This \npractice was banned in England in 1815. \ngarnish, vb. [Old French garnir \"to warn\" \"to prepare\"] \n(16c) 1. Hist. To notify or warn (a person) of certain \ndebts that must be paid before the person is entitled \nto receive property as an heir. 2. To subject (property) \nto garnishment; to attach (property held by a third \nparty) in order to satisfy a debt. 3. To notify {a person, \nbank, etc.} that a garnishment proceeding has been \nundertaken and that the one receiving notice may be \nliable as stakeholder or custodian of the defendant's \nproperty. -Also termed garnishee; (in senses 2 & 3) \nfactorize. [Cases: Federal Civil Procedure ~601; Gar\nnishment ~ 1.] -garnishable, adj. \ngarnishee (gahr-ni-shee), n. (l7c) A person or institu\ntion (such as a bank) that is indebted to or is bailee for \nanother whose property has been subjected to garnish\nment. -Also termed garnishee-defendant (as opposed \nto the \"principal defendant,\" i.e., the primary debtor). \n[Cases: Federal Civil Procedure ~60l; Garnishment \nC=13-24.] \ngarnishee (gahr-ni-shee), vb. See GARNISH. \n\ngarnisher 750 \ngarnisher. (l6c) A creditor who initiates a garnishment \naction to reach the debtor's property that is thought to \nbe held or owed by a third party (the garnishee). Also \nspelled garnishor. [Cases: Garnishment e:-~11.] \ngarnishment, n. (16c) 1. A judicial proceeding in which a \ncreditor (or potential creditor) asks the court to order a \nthird party who is indebted to or is bailee for the debtor \nto turn over to the creditor any ofthe debtor's property \n(such as wages or bank accounts) held by that third \nparty. A plaintiff initiates a garnishment action as a \nmeans ofeither prejudgment seizure or post judgment \ncollection. [Cases: Federal Civil Procedure ~601; \nGarnishment ll8.] \n\"Garnishment is a[nl ... inquisitorial proceeding, affording \na harsh and extraordinary remedy. it is an anomaly, a statu \ntory invention sui generis. with no affinity to any action \nknown to the common law .... It is a method of seizure; but \nit is not a 'levy' in the usual acceptation of that term. It is a \nproceeding by which a diligent creditor may legally obtain \npreference over other creditors; and it is in the nature of a \ncreditor's bill. or a sequestration of the effects of a debtor \nin the hands of his debtor.\" 38 c.J,S. Garnishment  3, at \n248-50 (2003). \nwrongful garnishment. (1896) 1. An improper or \ntortious garnishment. [Cases: Garnishment \n122,248.] 2. A cause ofaction against a garnisher for \nimproperly or tortiously filing a garnishment pro\nceeding. [Cases: Garnishment ~248-251.) \n2. The judicial order by which such a turnover is \neffected. Cf. ATTACHMENT (1); SEQUESTRATION (1). \ngarnishment lien. See LIEN. \ngarnishor. See GARNISHER. \nGarrity statement (gar-d-tee). (1967) A public employee's \noral or written report (as ofan incident) obtained under \na threat of termination of employment.  A public \nemployee usu. makes a Garrity statement in the course \nofan internal investigation (as by a police department). \nBecause a Garrity statement is coerced, the statement \nand any evidence obtained as a result of it cannot be \nused in a later criminal prosecution against the public \nemployee. The statement and evidence may be used \nonly to evaluate the employee's performance. Garrity \nv. New Jersey, 385 U.S. 493, 87 S.Ct. 616 (1967). \ngarsumne. [Old English] A fine; an amercement. \ngas-balancing agreement. Oil & gas. A contract among \nowners of the production ofa gas well to balance pro\nduction if one owner sells more ofthe gas stream than \nthe other owners do. \n\"Gas balancing agreements address the problem of imbal\nances in production from a gas well or field. Co-owners \nfrequently sell their share of production to different pur \nchasers .... Even when co-owners sell to the same pur \nchaser, their contracts are likely to be signed at different \ntimes and to have different price and take provisions. Thus, \nimbalances are ineVitable.\" John S. Lowe, Oil and Cas Law \nin a Nutshell 385 (3d ed. 1995). \ngas chamber. (ca. 1945) A small, sealed room in which \na capital punishment is carried out by strapping the \nprisoner into a chair and releasing poisonous fumes. gas contract. Oil & gas. An agreement for the sale of \nnatural gas. [Cases: Gas (,.\"\"'::: 14.1(3).] \ngas sold. Oil & gas. Natural gas that is actually sold but \nnot necessarily all that a well produces . 'The term is \nused in natural-gas leases. \ngastonette. (1988) A dilatory dance\" in which each of \nthe two responsible parties waits until the other party \nacts so that the delay seems interminable; esp., a \nstandoff occurring when two courts simultaneously \nhear related claims arising from the same bases and \ndelay acting while each court waits for the other to act \nfirst. The term was coined by Judge Jon O. Newman \nin In re McLean Industries, Inc., 857 F.2d 88, 90 (2d Cir. \n1988), on the model of\"After you, my dear Alphonse.\" \n\"No, after you, Gaston.\" \ngas used. Oil &gas. Natural gas that is consumed while a \nwell is in operation but that is not necessarily sold. \nGATT (gat). abbr. GENERAL AGREEMENT ON TARIFFS \nAND TRADE. See TRIPS. \ngauger (gay-jar). (15c) A surveying officer who examines \ncontainers ofliquids to give them a mark ofallowance, \nas containing the lawful measure. \ngauntlet. See GANTLET. \ngavel (gav-<ll). (bef. 12c) 1. Hist. A tribute, toll, or custom \npaid to a superior. 2. Hist. An annual payment of rent \nor revenue, esp. payment in kind, such as gavel-corn, \ngavel-malt, or oat-gavel. -Sometimes spelled gabel. \n3. A mallet used by a presiding officer, often a judge, to \nbring a meeting or court to order. \ngavelbred (gav-dl-bred). Hist. Rent payable in bread, \ncorn, or some other provision; rent payable in kind. \ngavelet (gav-dl-it). (14c) Rist. A writ used in Kent and \nLondon to recover rent from land held in gavelkind. \nSee CESSAVIT. \ngavelgeld (gav-al-geld). Hist. 1. Property that yields a \nprofit or a tolL 2. The tribute or toll itself. \ngavelherte (gav-<ll-h<lrt). Hist. A service ofplowing per\nformed by a customary tenant. \ngaveling man (gav-dl-ing man or mdn). Hist. See \nGAVELMAN. \ngavelkind (gav-al-kInd). (14c) Hist. 1. A species ofsocage \ntenure arising in land that has descended equally to \nthe decedent's sons . It was Widespread before 1066,"}
{"text": "ising in land that has descended equally to \nthe decedent's sons . It was Widespread before 1066, \nwhen it was mainly superseded by primogeniture. This \nproperty-division technique was then largely limited to \nKent. The person holding land in this manner enjoyed \nseveral advantages not available under the common law: \nthe land could be disposed ofby will, did not escheat for \nfelony other than treason or for want ofheirs, and was \nalienable by an heir at age 15. Gavelkind was abolished \nin 1925. Although the etymology ofthis term was much \ndebated in the 19th century, the explanation given in \nthe first quotation below appears to be the true one. 2. \nLand that yields gavel service. \n\"[Clarol, or gavel, was a word of frequent use before the \nNorman Conquest, and signified not only a tribute, tax, \nor custom, but also rent in general; and ... under this \n\n751 General Agreement on Tariffs and Trade \nterm were comprehended all socage services whatsoever \nwhich lay in render or feasance, the word being often com \npounded with and applied to the particulars wherein the \npayment or performance of the service consisted; as corn \ngavel, or gavelcorn, was a cornrent, and gavel-earth was a \nservice of 'earing' or ploughing.... The tenant from whom \nsuch services were due was called a gavel-man: and 'gavel \nkind' being taken as a compound of this word 'gavel' and \n'gekynde,' which is nature, kind, quality (usually appearing \nunder the form 'gafolcund' in the most ancient records), \nthe proper signification of the term will be land of the \nkind or nature which yielded rent, or 'censualland,' which \nmay be compared to rent-service land as distinguished \nfrom knight-service land, which being held by free military \nservice yielded no 'cens' or rent in money, provision, or \nworks: so that the lands held by the old English tenure \nare known in Kent as gavelkind which in other parts of the \ncountry are distinguished by the name of socage.\" Charles \nI. Elton & HerbertJ.H. Mackay, Robinson on Cavelkind 5-6 \n(5th ed. 1897). \n\"The term 'gavelkind' has by the modern usage acquired [a] \nsignification more confined as to the properties contained \nunder it, yet more extensive in point of place: since at this \nday it is generally used to denote the partibility of the land, \nexclusive of all other customary qualities; nor is the word \n'gavelkind' in common parlance confined to Kentish lands, \nbut is equally and indifferently applied to all partible lands \nwherever they lie.\" Id. at 9, \n\"Archbishop Hubert Walter, who presided in the king's \ncourt ... obtained from King John a charter empowering \nhim and his successors to convert into military fees the \ntenements that were holden of their church in gavelkind, \nThe archbishop's main object may have been to get money \nin the form of rents and scutages, instead of provender and \nboonworks, 'gavel-corn' and 'gavel-swine,' 'gavelerth' and \n'gavel-rip'....\" 2 Frederick Pollock & Frederic W. Maitland, \nThe History ofEnglish Law Before the Time ofEdward 1273 \n(2d ed. 1899). \ngavelman (gav-;ll-m;ln). Hist. A tenant who is liable for \nmoney rent in addition to a customary service to the \nlord. _ A gavelman was formerly a villein who had \nbeen released from villenage in consideration ofmoney \nrent. Also termed gaveling man. \ngavelmed (gav-;ll-meed). Rist. A tenant's customary \nservice of mowing the lord's meadowland or grass for \nhay. -Also spelledgavelmead. \ngavel rep (gav-;ll-reep). Hist. A tenant's duty to reap the \nlord's fields at the lord's command; BEDRIP. -Also \nspelled gavelrip. \ngavel through. Parliamentary law. To put (a question) to \na vote before any member can obtain the Hoor. The \npractice of \"gaveling through\" a motion is improper \nunder parliamentary law. \n\"It should be noted that, under legitimate parliamentary \nprocedure, there is no such thing as 'gaveling through' a \nmeasure. The right of members to debate or introduce sec\nondary motions cannot be cut off by the chair's attempting \nto put a question to vote so quickly that no member can get \nthe floor -either when the chair first states the question \nor when he believes debate is ended. Debate is not closed \nby the presiding officer's rising to put the question.\" Henry \nM. Robert, Robert's Rules ofOrder Newly Revised  43, at \n374 (lOth ed. 2000). \ngavelwerk (gav-;ll-w;lrk). Hist. Customary service, either \nby the tenant's own hands or with the aid ofthe tenant's \ncarts or carriages. gay marriage. See same-sex marriage under MARRIAGE \n(1). \nGazette (g;l-zet). (17c) An official newspaper of the \nBritish government in which acts of State, Crown \nappointments, notices of bankruptcy, and other legal \nmatters are reported . Although the London Gazette \nis the most famous, there are also publications called \nthe Edinburgh Gazette and the Belfast Gazette with \nsimilar purposes, \ngazumping (g;l-zamp-ing). (20c) BrE Slang. The improper \nsale of a house, usu. by raising the price after accept\ning an offer.  Gazumping can take different forms, \nthe usual one being when a seller raises the price after \naccepting the buyer's offer. But it may also occur when \na competing buyer makes a higher bid than the one \nalready accepted, thus encouraging the seller to back \nout of the earlier contract. \ng.b.h. abbr. Grievous bodily harm. See serious bodily \ninjury under INJURY. \nGBMI. abbr. GUILTY BUT MENTALLY ILL \ngdn. abbr. GUARDIAN. \nGebrauchsmuster. [German] Patents. UTILITY MODEL. \nAbbr.GM. \ngeld, n. (lSc) Hist. A tax paid to the Crown under Anglo\nSaxon and Norman kings. \ngeldable (geld-;l-b;ll), adj, Hist. (Of property) subject to \ntax or tribute. Also spelled gildable. \nGEM. See growing-equity mortgage under MORTGAGE. \ngemot (g;l-moht). (bef. 12c) Hist. A local judicial \nassembly; a public meeting. Also spelled gemote. \ngender discrimination. See sex discrimination under \nDISCRIMINATION. \ngener (jee-n<Jr), n. [Latin] Roman law. A son-in-law, \nGeneral Accounting Office. See GENERAL ACCOUNT\nABILITY OFFICE. \nGeneral Accountability Office. An office in the legisla\ntive branch of the federal government responsible for \nauditing the receipt and disbursement of U.S. govern\nment funds and conducting investigations for members \nofCongress and congreSSional committees . Headed \nby the Comptroller General ofthe United States, it was \nformerly called the General Accounting Office, estab\nlished by the Budget and Accounting Act of 1921. It was \nrenamed in 2004. 31 USCA  702. -Abbr. GAO. \ngeneral act. See PUBLIC LAW (2). \ngeneral administration. See ADMINISTRATION. \ngeneral administrative expense. See EXPENSE. \ngeneral administrator. See ADMINISTRATOR (2). \ngeneral agency. See AGENCY (I). \ngeneral agent. 1. See AGENT (2). 2. See INSURANCE \nAGENT. \nGeneral Agreement on Tariffs and Trade. A multiparty \ninternational agreement -signed originally in 1948 \nthat promotes international trade by lowering import \n\n752 general appearance \nduties and providing equal access to markets . More \nthan 150 nations are parties to the agreement. Abbr. \nGATT. \ngeneral appearance. See APPEARANCE. \ngeneral assembly. 1. The name ofthe legislative body \nin many states. 2. (cap.) The deliberative body of the \nUnited Nations. 3. CONVENTION (4). \ngeneral assignment. See ASSIGNMENT (2). \ngeneral assumpsit. See ASSUMPSIT. \ngeneral authority. See AUTHORITY (1). \ngeneral average. See AVERAGE. \ngeneral-average bond. See BOND (2). \ngeneral-average contribution. See general average under \nAVERAGE. \ngeneral average loss. See LOSS. \ngeneral-average statement. Maritime law. A statement \ncontaining an exact calculation ofthe general average \nand each party's contributory share. See AVERAGE (3). \n[Cases: Shipping 199.] \ngeneral benefit. See BENEFIT. \ngeneral bequest. See BEQUEST. \ngeneral cargo. See CARGO. \ngeneral challenge. See challenge for cause under CHAL\nLENGE (2). \ngeneral compromis. See COMPROMIS. \ngeneral consent. l. See BLANK CONSENT. 2. See CONSENT \n(2). \ngeneral contractor. See CONTRACTOR. \ngeneral council. See COUNCIL. \ngeneral counsel. See COUNSEL. \nGeneral Counsel's Memorandum. Tax. 1. A written dis\ncussion, issued by the office ofthe Chief Counsel ofthe \nIRS, on the merits of a legal issue involving tax law. 2. \nA written explanation, issued by the office ofthe Chief \nCounsel of the IRS, explaining the IRS's positions in \nrevenue rulings and technical advice memorandums. \n[Cases: Internal Revenue (;:=;;3051.] \ngeneral couut. See COUNT. \nGeneral Court. The name of the legislatures of Massa\nchusetts and New Hampshire . \"General Court\" was \na common colonial-era term for a body that exercised \njudicial and legislative functions. Cf. COURT OF ASSIS\nTANTS. \ngeneral court-martial. See COURT-MARTIAL. \ngeneral covenant against encumbrances. See covenant \nagainst encumbrances under COVENANT (4). \ngeneral creditor. See unsecured creditor under CREDI\nTOR. \ngeneral criminal intent. Seegeneral intent under INTE::-<T \n(1). \ngeneral custom. See CUSTOM. \ngeneral damages. See DAMAGES. general debt. See DEBT. \ngeneral deficiency bill. See deficiency bill under BILL \n(3). \ngeneral demurrer. See general exception (1) under \nEXCEPTION (1). \ngenera] denial. See DENIAL. \ngeneral deposit. See DEPOSIT (2). \ngeneral deputy. L See DEPUTY (2). 2. See deputy sheriff \nunder SHERIFF. \ngeneral deterrence. See DETERRENCE. \ngeneral devise. See DEVISE. \ngeneral-disability insurance. See INSURANCE. \ngeneral discharge. See DISCHARGE (8). \ngeneral election. See ELECTION (3). \ngeneral employer. See EMPLOYER. \ngeneral exception. See EXCEPTION (1). \ngeneral execution. See EXECUTION (4). \ngeneral executor. See EXECUTOR. \ngeneral expense. See general administrative expense \nunder EXPENSE. \ngeneral federal common law. See COMMON LAW (1). \ngeneral fee conditional. Seefee simple conditional under \nFEE SIMPLE. \ngeneral finding. See FINDING OF FACT. \ngeneral franchise. See FRANCHISE (2). \ngeneral fund. See Fl:ND (1). \ngeneral good and welfare. See GOOD OF THE ORDER. \ngeneral guaranty. See GUARANTY. \ngeneral guardian. See GUARDIAN. \ngeneral hypothecation. See HYPOTHECATION. \ngeneralia specialibus non derogant (jen-a-ray-Iee-a \nspesh-ee-ay-h-bas non der-a-g;mt). [Latin \"general \nthings do not derogate from specific things\"] The \ndoctrine holding that general words in a later statute do \nnot repeal an earlier statutory provision dealing with a \nspecial subject.  This principle illustrates the cautious \napproach that some courts have adopted in interpret\ning broad provisions, but there are many exceptions. \n[Cases: Statutes CC)162,223.4.] \ngeneral imparlance. See IMPARLANCE. \ngeneral improvement. See IMPROVEMENT. \ngeneral indorsement. See blank indorsement under \nINDORSEMENT. \ngeneral instruction. See JURY INSTRUCTlO::-<. \ngeneral intangible. See INTANGIBLE. \ngeneral intent. See INTENT (1). \ngeneral-intent crime. See CRIME. \ngeneral issue. See ISSUE (1). \ngeneral jail delivery. See JAIL DELIVERY. \ngeneral jurisdiction. See JURISDICTION. \n\n753 \ngeneral-jurisdiction court. See court ofgeneral jurisdic\ntion under COURT. \ngeneral jurisprudence. See JURISPRl:DENCE. \ngeneral-justification defense. See lesser-evils defense \nunder DEFENSE (1). \nGeneral Land Office. A former U.S. Interior Department \ndivision that exercised executive power relating to the \npublic lands, including their survey, patenting, and sale \nor other disposition . The General Land Office and the \nU.S. Grazing Service were consolidated into the Bureau \nof Land Management in 1946. See BUREAU OF LAND \nMANAGEMENT. [Cases: Public Lands \ngeneral law. See LAW. \ngeneral ledger. See LEDGER (1). \ngeneral legacy. See LEGACY. \ngeneral legal principle. See GENERAL PRINCIPLE OF \nLAW. \ngeneral legatee. See LEGATEE. \ngeneral legislation. See LEGISLATION. \ngeneral letter ofcredit. See LETTER OF CREDIT. \ngeneral.liability policy. See comprehensive general-lia\nbility policy under INSURANCE POLICY. \ngeneral lien. See LIEN. \ngeneral listing. See open listing under LISTING (1). \ngenerally accepted accounting principles. (1930) The \nconventions, rules, and procedures that define approved \naccounting practices at a particular time . These prin\nciples are issued by the Financial Accounting Standards \nBoard for use by accountants in preparing financial \nstatements. The principles include not only broad \nguidelines of general application but also detailed prac\ntices and procedures. -Abbr. GAAP. Also termed \ngenerally accepted accountancy principles. \ngenerally accepted auditing standards. lhe guidelines \nissued by the"}
{"text": "Also termed \ngenerally accepted accountancy principles. \ngenerally accepted auditing standards. lhe guidelines \nissued by the American Institute of Certified Public \nAccountants establishing an auditor's professional \nqualities and the criteria for the auditor's examination \nand required reports. -Abbr. GAAS. \ngeneral malice. See MALICE. \ngeneral manager. See MANAGER. \ngeneral maritime law. The body of U.S. legal precedents \nand doctrines developed through caselaw in maritime \nand admiralty litigation . General maritime law is \na branch of federal common law. It is distinguished \nfrom statutory law. Cf. MARITIME LAW; LAW OF THE \nSEA. [Cases: Admiralty C= 1.5.] \n\"The general maritime law is characterized by the expan \nsive and dominant role played by federal courts in fashion\ning and applying its precepts to new situations. Large areas \nof maritime tort law have not been touched by legislation; \nthese are left to the federal courts to define and fill. In \nareas preempted by legislation, federal courts may not \nestablish principles in derogation of the congressional \nmandate. However, in the framework of admiralty juris\ndiction, federal courts may still play an active role in inter\npreting statutes, filling gaps, and coordinating legislation general revenue \nwith the general maritime law.\" Thomas J. Schoenbaum, \nAdmiralty and Maritime Law 122 (1987). \ngeneral mens rea. See general intent under r\",TENT (1). \ngeneral mortgage. See MORTGAGE. \ngeneral-mortgage bond. See BOND (3). \ngeneral non est factum. See NON EST FACTUM. \ngeneral objection. See OBJECTION. \ngeneral-obligation bond. See BOND (3). \ngeneral occupant. See OCCl:PANT. \ngeneral officer. See OFFICER (2). \ngeneral order. See ORDER (4). \ngeneral owner. See OWNER. \ngeneral parliamentary law. See PARLIAMENTARY LAW. \ngeneral pardon. See AMNESTY. \ngeneral partner. See PARTNER. \ngeneral partnership. See PARTNERSHIP. \ngeneral personal jurisdiction. See JURISDICTION. \ngeneral plea. See general denial under DENIAL. \ngeneral plea in bar. See PLEA IN BAR. \ngeneral power. See POWER OF APPOINTMENT. \ngeneral power ofappointment. See POWER OF APPOIKT\nMENT. \ngeneral power ofattorney. See POWER OF ATTORNEY. \ngeneral prayer. See PRAYER FOR RELIEF. \ngeneral principle oflaw. 1. A principle widely recognized \nby peoples whose legal order has attained a certain level \nofsophistication. 2. Int'llaw. A principle that gives rise \nto international legal obligations. \n\"[T]he adjective 'general' does not refer to several or many \norders [Le., legal systems] as do the general principles of \nnational law, but indicates principles which are applied \ngenerally in all cases of the same kind which arise in \ninternational law (e.g. the principle of nonintervention).\" \nHermann Mosler, \"General Principles of Law,\" in 2 Encyclo \npedia ofPublic International Law 512, 512 (1995). \n3. A principle recognized in all kinds oflegal relations, \nregardless of the legal system to which it belongs (state \nlaw, federal law, international law, etc.). Also termed \ngeneral legal principle. \ngeneral privilege. See PRIVILEGE (5). \ngeneral property. See PROPERTY. \ngeneral publication. See PUBtICATION. \ngeneral-public license. See open-source license under \nLICENSE. \ngeneral receiver. See principal receiver under RECEIVER. \ngeneral reference. See REFERENCE. \ngeneral replication. See REPLICATION. \ngeneral reprisal. See REPRISAL. \ngeneral retainer. See RETAINER. \ngeneral retention. See RETENTION. \ngeneral revenue. See REVENUE. \n\n754 general revenue fund \ngeneral revenue fund. See FUND (1). \ngeneral rule. See RULE. \ngeneral sentence. See SENTENCE. \nGeneral Services Administration. The independent \nfederal agency that constructs and operates buildings; \nmanages government property and records; procures \nand distributes supplies; and provides management \nservices in communications, traffic, and automatic \ndata processing . Its Office ofEnterprise Development \nassists small businesses in dealing with the agency \nthrough GSA's 12 regional offices. The agency was \ncreated by the Federal Property and Administrative \nServices Act of 1949. 40 USCA  751. -Abbr. GSA. \ngeneral ship. See SHIP. \ngeneral special imparlance. See IMPARLANCE. \ngeneral statute. 1. See STATUTE. 2. See PUBLIC LAW (2). \ngeneral strike. See STRIKE. \ngeneral synod. See SYNOD. \ngeneral tail. See tail general (1) under TAIL. \ngeneral tax. See TAX. \ngeneral tenancy. See TENANCY. \ngeneral term. See TERM (5). \ngeneral title. See TITLE (3). \ngeneral traverse. See TRAVERSE. \ngeneral truce. See TRUCE. \ngeneral trust. See passive trust under TRUST. \ngeneral usage. See USAGE. \ngeneral verdict. See VERDICT. \ngeneral-verdict rule. (1930) The principle that when \na jury returns a general verdict on multiple causes \nof action (or theories of recovery), it is presumed on \nappeal that the jury found in the prevailing party's \nfavor on each cause ofaction. (Cases: Appeal and Error \n~930(4).] \ngeneral verdict subject to a special case. See VERDICT. \ngeneral verdict with interrogatories. See VERDICT. \ngeneral warrant. See WARRANT (1). \ngeneral warranty. See WARRANTY (1). \ngeneral warranty deed. See warranty deed under \nDEED. \ngeneral welfare. See WELFARE (l). \nGeneral Welfare Clause. (1898) U.S. Const. art. I,  \n8, d. 1, which empowers Congress to levy taxes and \npay debts in order to provide for the country's general \nwelfare. The Supreme Court has broadly interpreted \nthis clause to allow Congress to create, for example, the \nsocial-security system. -Also termed Welfare Clause. \nlCases: United States ~22.] \ngeneral words. (I8c) Semantically broad expression; esp., \nlanguage used in deeds to convey not only the specific \nproperty described in the conveyance but also all easements, privileges, and appurtenances that may belong \nto the property. [Cases: Deeds (,'-:::> 117.] \ngeneration. (l4c) 1. A Single degree or stage in the suc\ncession of persons in natural descent. 2. The average \ntime span between the birth of parents and the birth \nof their children. \ngeneration-skipping tax. See TAX. \ngeneration-skipping transfer. (1979) Wills & trusts. A \nconveyance ofassets to a \"skip person,\" that is, a person \nmore than one generation removed from the transf\neror. For example, a conveyance either directly or in \ntrust from a grandparent to a grandchild is a genera\ntion-skipping transfer subject to a generation-skipping \ntransfer tax. IRC (26 USCA)  2601-2663. See gen\neration-skipping transfer tax under TAX; generation\nskipping trust under TRUST; SKIP PERSON. \ngeneration-skipping transfer tax. See TAX. \ngeneration-skipping trust. See TRUST. \ngeneric, adj. (1846) Trademarks. 1. Common or descrip\ntive, and thus not eligible for trademark protection; \nnonproprietary <a generic name>. [Cases: Trademarks \n0=1034.] 2. Not having a trademark or brand name \n<generic drugs>. \ngenericalness. See GENERICNESS. \ngeneric burglary. See BURGLARY. \ngeneric claim. See PATENT CLAIM. \ngeneric drug. See DRUG. \ngeneric-drug law. (1977) A statute that allows pharma\ncists to substitute a generic drug for a brand-name drug \nunder specified conditions . Most states have enacted \ngeneric-drug laws to ensure that less-expensive generic \ndrugs are available to consumers, \ngenericide (ja-ner-a-sId). Trademarks. The loss or can\ncellation of a trademark that no longer distinguishes \nthe owner's product from others' products . Generi\ncide occurs when a trademark becomes such a house\nhold name that the consuming public begins to think \nof the mark not as a brand name but as a synonym for \nthe product itself. Examples of trademarks that have \nbeen\"killed\" by genericide include aspirin and escala\ntor. [Cases: Trademarks G=:;>1166.1 \ngenericism (ja-ner-a-siz-am). See GENERIC NESS. \ngeneric name. (1872) Trademarks. A term that describes \nsomething generally without deSignating the thing's \nsource or creator, such as the word car or sink .  A \ngeneric name cannot be protected as a trademark for \nthe thing it denotes; e.g., Apple can be a trademark for \ncomputers but not for apples. Also termed generic \nterm; generic mark; common descriptive name. [Cases: \nTrademarks \ngenericness, n, (20c) The state or condition of being \ngeneric <an affirmative defense ofgeneric ness in a trade\nmark suit>. Also termed genericalness; genericism. \ngeneric swap. See plain-vanilla swap under INTEREST\nRATE SWAP. \n\ngeneric term. See GENERIC NAME. \ngenetic child. See natural child (1) under CHILD. \ngenetic engineering. (ca. 1951) A method of creating \nnew life forms and organic matter by gene-splicing and \nother techniques . lhe Supreme Court has ruled that \nthose creations are patentable. Diamond v. Chakrabarty, \n447 U.S. 303, 100 S.Ct. 2204 (1980). \ngenetic father. See biological father under FATHER. \ngenetic fingerprinting. See DNA IDENTIFICATION. \ngenetic-marker test. A medical method of testing \ntissue samples used in paternity and illegitimacy \ncases to determine whether a particular man could be \nthe father of a child . This test represents a medical \nadvance over blood-grouping tests. It analyzes DNA \nand is much more precise in assessing the probability \nof paternity. Abbr. GMT. See PATERNITY TEST. Cf. \nBLOOD-GROUPING TEST; HUMAN-LEUKOCYTE ANTIGEN \nTEST. [Cases: Children Out-of-Wedlock <:>45,58.] \ngenetic mother. See biological mother under MOTHER. \ngenetic parent. See biological parent under PARENT. \nGeneva Conventions of 1949 OJ-nee-va). Four inter\nnational agreements dealing with the protection of \nwounded members of the armed forces, the treatment of \nprisoners of war, and the protection ofcivilians during \ninternational armed conflicts . Common Article 3 of \nthe Conventions proclaims certain minimum standards \nof treatment that are applicable to noninternational \narmed conflicts. The humanitarian-law protection \nestablished in these four agreements was amplified in \n1977 by the two Protocols Additional to the Geneva \nConventions. In common parlance, people refer to the \nGeneva Convention as if there were just one agreement. \nCf. LAWS OF WAR. [Cases: Treaties <:>8.] \nGeneva Phonograms Convention. A 1971 treaty \nrequiring signatories to protect phonorecord pro\nducers against piracy and the importation of pirated \ncopies, by copyright protection, unfair-competition \nlaw, or criminal sanctions . The treaty was drafted by \nrepresentatives from WIPO and UNESCO to correct \nweaknesses in the Rome Convention. Also termed \nConvention for the Protection ofProducers ofPhono\ngrams Against Unauthorized Duplication ofTheir Pho\nnograms; Phonograms Convention. \ngenocide (jen-J-sId). (ca. 1944) Int'llaw. An interna\ntional crime involving acts causing serious physical \nand mental harm with the intent to destroy, partially \nor entirely, a national, ethnic, racial, or religious group . \n The Widely ratified Genocide Convention of 1948 \ndefines the crime. The International Criminal Court \nhas jurisdiction to try those accused ofgenocide. Many \nnations also have criminal laws providing punishment \nfor individuals convicted of genOcide. Cf. ETHNIC \nCLEANSING. [Cases: Aliens, Immigration, and Citizen\nship <:>763.] \n\"The ... draft Convention on the Prevention and Punish \nment of the Crime of Genocide was adopted by the General \nAssembly on December 9, 1948 and unanimously recom \nmended for adherence to the members of the United Nations. It came into force in October, 1950 .... The term \n'genocide' was first proposed by Dr. Lemkin in the course \nof the war and incorporated on his suggestion into the \nIndictment of the Major German War Criminals. The [U.N. \nGeneral] Assembly Resolution on Genocide of December \n11. 1946, and the Convention of 1948, are also the result \nof a remarkable one-man campaign.\" Georg Schwarzen \nberger, Power PolitiCS: A Study ofInternational Society 634 \n(2ded.195l). \nGenoese lottery (jen-oh-eez or -ees). See LOTTERY. \ngenotype. (19c) Patents. The genetic makeup ofa living \norganism. A patent on living matter must disclose \nits genotype rather than just describe its phYSical char\nacteristics (phenotype) or behavior. Cf. PHENOTYPE. \n[Cases: Patents (;=:c 14.] genotypic, adj. \ngens (jenz), n. [Latin] (19c) Roman law. A clan or group \noffamilies who share the same name and (supposedly) \na common ancestor; extended family . Members of \na gens are freeborn and possess full civic rights. PI. \ngentes. \n\"A wider group still is the gens, of great importance in early \nlaw though its importance was gone in classical times. \nThis consisted of all who bore the same nomen, the gentile \nname.\" W.w. Buckland, A Manual ofRoman Private Law61 \n(2d ed. 1953). \ngentes (jen-teez), n. [Latin] (19c) Roman law. Ihe peoples \nor nations of the world, particularly the civilized \n"}
{"text": ". [Latin] (19c) Roman law. Ihe peoples \nor nations of the world, particularly the civilized \npeoples. \ngentile (jen-tIl). [fro Latin gentilis] Roman law. A member \nof a gens. See GENS. \ngentium privatum. See private international law under \nINTERNATIONAL LAW. \ngentleman. (12c) Hist. 1. A man ofnoble or gentle birth \nor rank; a man above the rank ofveoman. 2. A man \nbelonging to the landed gentry.  Today the term has \nno precise legal meaning. \ngentleman's agreement. See GENTLEMEN'S AGREE\nMENT. \nGentleman Usher of the Black Rod. English law. An \nofficer ofthe House ofLords who has various ceremo\nnial duties, including the summoning ofthe members \nofthe House ofCommons to the House ofLords when \na bill is to receive royal approvaL. The office dates from \nthe 14th century. \ngentlemen's agreement. (1886) An unwritten agreement \nthat, while not legally enforceable, is secured by the \ngood faith and honor of the parties. -Also spelled \ngentleman's agreement. [Cases: Contracts <:> L] \ngentrification, n. (1973) The restoration and upgrad\ning of a deteriorated or aging urban neighborhood by \nmiddle-class or affluent persons, resulting in increased \nproperty values and often in displacement of lower\nincome residents. -gentrify, vb. \ngenuine, adj. (17c) 1. (Of a thing) authentic or real; \nhaving the quality of what a given thing purports to \nbe or to have <the plaintiff failed to question whether \nthe exhibits were genuine>. 2. (Of an instrument) free \nof forgery or counterfeiting <the bank teller could not \n\ndetermine whether the signature on the check was \ngenuine>. UCC  1-201(18). \ngenuine issue ofmaterial fact. (1938) Civil procedure. In \nthe law of summary judgments, a triable, substantial, or \nreal question offact supported by substantial evidence. \n-An issue ofthis kind precludes entry of summary \njudgment. [Cases: Federal Civil Procedure C=>2470, \n2470.1; Judgment C=> 181(2), 185(6).] \ngenus (jee-nCls or jen-Cls). (16c) A general class compris\ning several species or divisions. -In legal usage, the \nterms genus and (sometimes) species invoke the taxo\nnomic classification oflife forms in biological science. \nFor example, patent law is a species within the genus of \nintellectual property; burglary is a species within the \ngenus of crime. In the law of sales, genus referred to \nfungibles, while species referred to specific, individual \nitems. Cf. SPECIES (2). \ngenus claim. See generic claim under PATDIT CLAIM. \ngenus nunquam perit (jee-nCls n3n[g]-kwam per-it). \n[Latin] Hist. The class never perishes . The phrase \nappeared in reference to a quantity of contracted-for \ngoods of a certain class (rather than a single item), the \ndestruction of which did not discharge the seller's obli\ngation. \ngeodetic-survey system (jee-Cl-det-ik). (1990) A federally \ncreated land-description method consisting ofnation\nwide marks (or benches) made at longitude and latitude \npoints. 1he geodetic-survey system integrates most of \nthe real property in the United States into one unified \nform of measurement. \ngeographically descriptive trademark. See TRADE\nMARK. \ngeographic market. See MARKET. \ngeographic name. See NAME. \ngeography of crime. See environmental criminology \nunder CRIMINOLOGY. \nGeorgia-Pacific analysis. Patents. A IS-factor test for \nsetting a reasonable royalty in infringement suits . \nAmong other factors, the test considers what a prudent \nlicensee would have paid while still being able to earn \na profit. Georgia-Pacific Corp. v. U.S. Plywood Corp., \n318 F. Supp. 1116 (S.D.N.Y. 1970). [Cases: Patents C=> \n319(1).] \ngerman (j<Jr-mCln), adj. (14c) Having the same parents \nor grandparents; closely related. \nbrother-german. See BROTHER. \ncousin-german. See C01JSIN (1). \nsister-german. See SISTER. \ngermane (jClr-mayn), adj. (14c) Relevant; pertinent <the \ncaselaw cited in the brief was not germane to the legal \nissue pending before the court> . Under parliamen\ntary law, debate and amendments are in order only if \nthey are germane to the motion under consideration. \ngermanus (jdr-may-nds). [Latin] Roman law. 1. adj. \nHaving the same father and mother. Seefrater germanus under FRATER. 2. n. A whole brother; a child ofboth of \none's own parents. \ngerrymandering (jer-ee-man-dClr-ing or ger-ee-), n. \n(1812) 1. Ibe practice of dividing a geographical area \ninto electoral districts, often of highly irregular shape, \nto give one political party an unfair advantage by \ndiluting the opposition's voting strength . When Mas\nsachusetts Governor Elbridge Gerry ran for reelection \nin 1812, members of his political party, the Anti-Fed\neralists, altered the state's voting districts to benefit the \nparty. One newly created district resembled a salaman\nder, inspiring a critic to coin the word gerrymander by \ncombining the governor's name, Gerry, with the ending \nof salamander. Gerry was not reelected governor, but \nwas elected as James Madison's vice preSident. -Also \ntermed political gerrymandering. [Cases: Constitu\ntional Law (>3285,3658(5); Elections (;::-012(6).] 2. \nIhe practice ofdividing any geographical or jurisdic\ntional area into political units (such as school districts) \nto give some group a special advantage. Also termed \njurisdictional gerrymandering. Ct: REAPPORTIONMENT. \n[Cases: Schools C=>32.]- gerrymander, vb. \ndelineational gerrymandering. Gerrymandering by \nvarying the districts' shape . There are three kinds of \ndelineational gerrymandering: cracking (or fractur\ning), packing, and stacking. See CRACKING; PACKING; \nSTACKING (2). \ninstitutional gerrymandering. Gerrymandering by \nmeans ofvarying the number of representatives per \ndistrict. \ngersum (g3r-S<lm). HisL 1. Money paid for a thing; \nspecif., compensation paid by a tenant to a superior on \nentering a holding. 2. A penalty or amercement paid \nfor an offense. -Also spelled garsumme; gersuma; \ngersume; grassum. 3. GRESSUME. \ngersumarius (jClr-s[y]CI-mair-ee-Cls). Hist. Finable; liable \nto be fined at the discretion of a feudal superior . A \nvillein who gave his daughter in marriage was ger\nsumarius -he was liable to pay a fine to the lord. \nGeschmacksmuster. Patents. [German] See design patent \nunder PATENT. \nGestalt factors. The criteria that a court uses in a \nminimum-contacts analysis to determine the rea\nsonableness of subjecting a nonresident to personal \njurisdiction. -These fairness criteria include (1) the \ndefendant's burden of making a personal appearance, \n(2) the forum state's interest in adjudicating the dispute, \n(3) the plaintiff's interest in obtaining convenient and \neftective relief, (4) the judicial system's interest in \narriving at the most effective resolution of the contro\nversy, and (5) the common interests of all sovereigns \nin promoting substantive social policies. 'these factors \nwere articulated by the United States Supreme Court \nin Burger King Corp. v. Rudzewicz, 471 U.S. 462, 478, \n105 S.Ct. 2174, 2185 (1985), but the Court has never \nused the term Gestalt factors; it was coined in Donatelli \nv. National Hockey League, 893 F.2d 459, 465 (lst Cir. \n\n757 gift \n1990). See MINIMUM CONTACTS. [Cases: Courts \n12(2.1); Federal Courts ~76.1O.] \ngestational carrier. See surrogate mother (1) under \nMOTHER. \ngestational mother. See birth mother under MOTHER. \ngestational surrogacy. See SURROGACY. \ngestational surrogate. See surrogate mother (1) under \nMOTHER. \ngestio (jes-chee-oh), n. [Latin] (I6c) Roman law. 1. \nBehavior or conduct. See GESTIO PRO HEREDE. 2. The \nmanagement of a thing, esp. a transaction. See NEGO\nTIORUM GESTIO. -Also termed GESTION. \nnegotiorum gestio (ni-goh-shee-or-dm jes-chee-oh). \nSee NEGOTIORUM GESTIO. \ngestio pro haerede (jes-chee-oh proh her-d-dee). [Latin \n\"behavior as heir\") Roman & Hist. Scots law. An \nappointed heir's conduct (such as selling or leasing the \ndecedent's property) that indicates the heir's intent to \nreceive the inheritance and thereby take on the estate's \ndebts; more broadly, any behavior as an heir. Also \nspelled gestio pro haerede. \ngestor (jes-tor), n. [Latin] Roman law. I. One who carries \non a business. 2. NEGOTIORUM GESTOR. PI. gestores. \ngestu etfama (jes-t[y)oo et fay-md). [Latin \"demeanor \nand reputation\"] Hist. A writ used by a person who \nhad been imprisoned because of a poor reputation in \nthe community to gain release from jail pending the \narrival of justices with commissions of gaol delivery. \nSee COMMISSION OF GAOL DELIVERY. \ngestum (jes-tdm), n. [Latin] Roman law. A deed or an act; \na thing done. Gestum is synonymous with factum. \nSee FACTUM (2). \ngesture. (ISc) A motion of the body calculated to express \na thought or emphasize a certain point <the prosecutor \nwas known for her dramatic gestures during closing \nargument>. \nget, n. (l9c) 1. A rabbinical divorce; a Jewish divorce. \n2. Under Jewish law, a document Signed by a rabbi to \ngrant a divorce . Under Jewish law, a Jewish divorce \ncan be obtained only after the husband has given the \nget to the wife, who must voluntarily accept it. Also \nspelled gett. Pl. gittin. See rabbinical divorce under \nDIVORCE. \nget-up. See TRADE DRESS. \ngewrit. Hist, A deed, charter, or similar writing. \nghost detainee, See secret detainee under DETAINEE. \nghosting. Ihe assumption of the identity of a deceased \nperson to conceal one's true identity. Cf. IDENTITY \nTHEFT. \ngibbet (jib-it), n. (13c) Hist. A post with one arm extending \nfrom the top, from which criminals are either executed \nby hanging or suspended after death as a warning to \nother potential offenders; a type ofgallows. \ndouble gibbet. A gibbet with two arms extending from \nits top so that it resembles a capital \"1'.\" gibbet law. See HALIFAX LAW. \nGIC. See guaranteed investment contract under INVEST\nMENT CONTRACT. \nGIFT. abbr. GAMETE INTRAFALLOPIAN TRANSFER. \ngift, n. (12c) 1. The voluntary transfer of property to \nanother without compensation. [Cases: Gifts ~1.]2. \nA thing so transferred. gift, vb. \nabsolute gift. See inter vivos gift. \nanatomical gift. (1971) A testamentary donation of \na bodily organ or organs, esp. for transplant or for \nmedical research. -The procedures for making an \nanatomical gift are set forth in the Uniform Anatomi\ncal Gift Act, which has been adopted in every state. \n[Cases: Dead Bodies \nantenuptial gift. See prenuptial gift. \ncharitable gift. An inter vivos or testamentary donation \nto a nonprofit organization for the relief of poverty, \nthe advancement of education, the advancement of \nreligion, the promotion of health, governmental, or \nmunicipal purposes, and other purposes the accom\nplishment of which is beneficial to the community. \nRestatement (Second) ofTrusts  368 (1959). When \nthe beneficiary is a religious organization or the gift is \nintended for a religious purpose, it is sometimes also \ntermed a pious gift. [Cases: Charities \nclass gift. (1949) A gift to a group of persons, uncertain \nin number at the time ofthe gift but to be ascertained \nat a future time, who are all to take in definite pro\nportions, the share of each being dependent on the \nultimate number in the group. \n''The typical class gift is to 'children,' 'issue,' 'heirs,' \n'brothers and Sisters,' 'nieces and nephews,' 'grandchil\ndren.' A class gift is one in which the donor intends to \nbenefit a group or a class of persons, as distinguished \nfrom specific indiViduals; the class gift donor is said to be \n'group-minded.' The class gift is one in which the donor \nintends that the number of donees, from the time of the \ndelivery of the instrument of gift in the case of the inter \nvivos gift, or from the time of the execution ofthe will in the \ncase of the testamentary gift, is subject to fluctuation by \nway of increase or decrease, or by way of increase only, or \nby way of decrease only, depending on the circumstances \nof the gift.\" Thomas F. Bergin & Paul G. Haskell, Preface to \nEstates in Land and Future Interests 136 (2d ed. 1984). \ncompleted gift. (1952) A gift that is"}
{"text": "ests 136 (2d ed. 1984). \ncompleted gift. (1952) A gift that is no longer in the \ndonor's possession and control.  Only a completed \ngift is taxable under the gift tax. \ngift causa mortis (kaw-Zd mor-tis). (18e) A gift made \nin contemplation of the donor's imminent death. \nThe three essentials are that (1) the gift must be made \nwith a view to the donor's present illness or peril, \n(2) the donor must actually die from that illness or \nperil, without ever recovering, and (3) there must be \na delivery. Even though causa mortis is the more usual \nword order in modern law, the correct Latin phrasing \nis mortis causa -hence gift mortis causa. Also \ntermed donatio causa mortis; donatio mortis causa; \ngift in contemplation ofdeath; transfer in contempla\ntion ofdeath. See CONTEMPLATION OF DEATH. [Cases: \nGifts G=S3-68.] \n\n758 gift deed \n\"[Gifts causa mortis] are conditional, like legacies; and it \nis essential to them that the donor make them in his last \nillness, or in contemplation and expectation of death; and \nwith reference to their effect after his death, they are good, \nnotwithstanding a previous will; and if he recovers, the gift \nbecomes void.\" 2 James Kent, Commentaries on American \nLaw *444 (George Comstock ed., 11th ed. 1866). \n\"A 'gift causa mortis' ... is testamentary, and it is similar \nto testamentary disposition in the respect that there \nremains with the donor the power to revoke the gift until \nhis death. In some respects, a gift causa mortis may be said \nto resemble a contract, for mutual consent and the concur\nrent will of both parties are necessary to the validity of the \ntransfer.\" 38A CJ.S. Gifts  85, at 276-77 (1996). \ngift in contemplation ofdeath. See gift causa mortis. \ngift inter vivos. See inter vivos gift. \ngift in trust. (18e) A gift oflegal title to property to \nsomeone who will aet as trustee for the benefit of a \nbeneficiary. \ngift over. (18e) A property gift (esp. by will) that takes \neffeet after the expiration ofa preceding estate in the \nproperty (such as a life estate or fee simple determin\nable) <to Sarah for life, with gift over to Don in fee>. \n[Cases: Wills (:::::614(2,3).] \ngift splitting. See split gift. \ngratuitous gift. A gift made without consideration, as \nmost gifts are. _ Strictly speaking, the term looks \nredundant, but it answers to the donum gratuitum \nofRoman law. \ninter vivos gift (in-tarvl-vohs orvee-vohs). (1848) A gift \nofpersonal property made during the donor's lifetime \nand delivered to the donee with the intention ofirre\nvocably surrendering control over the property. \nAlso termed gift inter vivos; lifetime gift; absolute gift \n[Cases: Gifts C==' 1-33.] \nlifetime gift. See inter vivos gift \nmanual gift. Civil law. A gift of movable, tangible \nproperty, made by delivery without any formalities. \nLa. Civ. Code art. 1539. \nonerous gift (ohn-a-rds or on-d-ras). A gift: made subject \nto certain conditions imposed on the recipient. \npious gift. See charitable gift. \nprenuptial gift (pree-nap-shal). (1921) A gift ofproperty \nfrom one spouse to another before marriage. -In \ncommunity-property states, prenuptial gifts are \noften made to preserve the property's classification \nas separate property. -Also termed antenuptial gift. \n[Cases: Husband and Wife (;::J250.] \nsplit gift. (1957) Tax. A gift that is made by one spouse \nto a third person and that, for gift-tax purposes, both \nspouses treat as being made one-half by each spouse; \na gift in which the spouses combine their annual \ngift-tax exclusions . A split gift, for example, is \neligible for two annual exclusions of$10,000 each, \nor a total of $20,000 for one gift. -Also termed gift\nsplitting; gift-splitting election. See annual exclusion \nunder EXCLUSION (1). [Cases: Internal Revenue \n4206.10.] substitute gift. (1934) A testamentary gift to one person \nin place of another who is unable to take under the \nwill for some reason. Also termed substitutional \ngift \ntaxable gift. (1922) A gift that, after adjusting for \nthe annual exclusion and applicable deductions, is \nsubject to the federal unified transfer tax. IRC (26 \nUSCA)  2503. [Cases: Internal Revenue (:::::4203.10, \n4206.10.] \ntestamentary gift (tes-ta-men-ta-ree or -tree). (18c) A \ngift made in a will. \nvested gift. (1820) An absolute gift, being neither con\nditional nor contingent, though its use or enjoyment \nmight not occur until sometime in the future. \ngift deed. See DEED. \ngift enterprise. (1858) 1. A scheme for the distribution \nof items by chance among those who have purchased \nshares in the scheme. [Cases: Lotteries (;::J3.] 2. A mer\nchant's scheme to increase sales without lowering prices \nby giving buyers tickets that carry a chance to win a \nprize. _ Gift enterprises are regulated by state law. See \nLOTTERY. \ngifting circle. See GIFTING CLUB. \ngifting club. A type ofpyramid scheme or Ponzi scheme \nin which recruits make \"gifts\" of money to other club \nmembers with the expectation that future recruits will \nmake \"gifts\" to the present recruits. -Many gifting \nclubs limit membership to women. Club leaders usu. \ntry to evade income-tax laws by claiming that the \nmoney paid in by a recruit is a tax-free \"gift\" to a club \nmember and warning new recruits not to expect \"gifts\" \nin the future. Some states forbid gifting clubs as illegal \npyramid schemes. Other states hold that the dubs are \nillegal lotteries. -Also termed gifting circle; sisterhood; \nbirthday club. See PONZI SCHEME. [Cases: Antitrust and \nTrade Regulation \ngift inter vivos. See inter vivos gift under GIFT. \ngift in trust. See GIFT. \ngift over. See GIFT. \ngift splitting. See split gift under GIFT. \ngift-splitting election. See split g!ft under GIFT. \nGifts to Minors Act. See UNIFORM TRANSFERS TO \nMINORS ACT. \ngift tax. See TAX. \ngift-tax exclusion. See annual exclusion under EXCLU\nSION. \ngilda mercatoria (gil-d;.) mar-k;.}-tor-ee-;.}). [Law Latin] \nHist. A merchant guild; an incorporated society ofmer\nchants having exclusive trading rights within a town. \ngild hall. See GUILD HALL (1). \nGI loan. See veteran's loan under LOAN. \ngUour (gI-Iar). [Law French] Hist. A guiler; a person who \ncheats or deceives . Gilour referred to a person who \nsold false goods, such as a person who sold pewter as \nsilver. \n\n759 \ngilt-edged, adj. (Ofa security) having the highest rating \nfor safety ofinvestment; exceptionally safe as an invest\nment. \nGinnie Mae (jin-ee may). See GOVERNMENT NATIONAL \nMORTGAGE ASSOCIATION. \nGIPSA. abbr. GRAIN INSPECTION, PACKERS, AND STOCK\nYARD ADMINISTRATION. \ngirth (gJrth). [Old English] (13c) 1. A measure oflength, \nequal to a yard. This term, which was used in Saxon \nand early English law, was taken from the circumfer\nence ofa man's body. 2. The area surrounding a church. \n3. A place of sanctuary. 4. A band or strap that encir\ncles the body of an animal to fasten something (usu. a \nsaddle) to its back. \ngisement 018-or jlz-m;:mt). [Law French] (16c) Archaic. \nSee AGISTMENT. \ngiser (jI-SJr), vb. [Law French] Hist. (Of an action) to \nlie; to be capable of being brought as a suit in court. \n'This verb, in its inflected form gist, appeared in such \nphrases as ou assise ne gist point (\"when an assise does \nnot lie\"), Ie action bien gist (\"the action well lies\"), and \ngist en Ie bouche (\"it lies in the mouth\"), and cest action \ngist (\"this action lies\"). \ngisetaker (jIS-or jIz-tay-br). Archaic. See AGISTER. \ngist (jist). (18c) 1. The ground or essence (of a legal \naction) <the gist ofthe crime>. 2. 1he main point <she \nskimmed the brief to get the gist of it>. This noun \nderives from the Law French verb giser \"to lie.\" See \nGISER. \ngist-of-the-action doctrine. The principle that a plain\ntiff who brings a tort claim arising from a contractual \nrelationship must show that the contract and any con\ntractual claim are collateral to the tort claim. -The \ndoctrine prevents plaintiffs from recasting contract \nclaims as tort claims. This term is most common in \nPennsylvania but also appears in New Jersey, Delaware, \nthe Virgin Islands, and elsewhere. [Cases: Action \n27(1).) \ngive, vb. (13c) 1. To voluntarily transfer (property) to \nanother without compensation <Jack gave his daughter \na car on her birthday>. 2. To confer by a formal act \n<the First Amendment gives all citizens the right to \nfree speech>. 3. To present for another to consider <the \nwitness gave compelling testimony before the jury>. \n4. (Of a jury) to impose or award by verdict <the jury \ngave the defendant the death penalty> <the jury gave \nthe plaintiffSl,OOO in damages>. \ngive bail, vb. To post security for one's appearance in \ncourt <the court ordered the accused to give bail in the \namount of$10,000>. -Also termed post bail. \ngive color, vb. Hist. To admit, either expressly or impliedly \nby silence, that an opponent's allegations appear to be \nmeritorious . In common-law pleading, a defendant's \nplea of confession and avoidance had to give color to \nthe plaintiff's allegations in the complaint or the plea \nwould be fatally defective. See COLOR (2). global fund \ngive, devise, and bequeath, vb. (17c) To transfer property \nby will <I give, devise, and bequeath all the rest, residue, \nand remainder of my estate to my beloved daughter \nSarah>. This wording has long been criticized as \nredundant. In modern usage, give ordinarily suffices. \nSee BEQUEST. \ngiven name. See personal name under NAME. \ngive way, vb. Maritime law. (Of a vessel) to deviate from a \ncourse, or to slow down, in accordance with navigation \nrules, so that a second vessel may pass without altering \nits course. [Cases: Collision e=.'29, 37.] \ngiving in payment. Civil law. The act of discharging a \ndebt by giving something to the creditor (with the cred\nitor's consent) other than what was originally called for. \nLa. Civ. Code art. 2655. _ The phrase is a translation \nofthe French dation en paiement and derives from the \nRoman datio in solutum. See DATION EN PAIEMENT. C \nACCORD AND SATISFACTION. \ngladius (glay-dee-Js), n. [Latin \"sword\") Roman law. \nThe emblem of the emperor's power, esp. the power to \npunish criminals. See JUS GLADlI. \nglaive (glayv). (14c) Hist. A sword, lance, or horseman's \nstaff. The glaive was one of the weapons allowed in \na trial by combat. \nglamour stock. See growth stock under STOCK. \nglass ceiling. (1984) An actual or supposed upper limit \nofprofessional advancement, esp. for women, as a result \nof discriminatory practices. [Cases: Civil Rights \n1164.] \nGlass-Steagall Act. A federal statute that protects bank \ndepOSitors by restricting the securities-related business \nofcommercial banks, specif. by prohibiting banks from \nowning brokerage firms or engaging in the brokerage \nbusiness. 12 USCA  378. -Also termed Banking Act \nof1933. \nglebae ascriptitii. See ADSCRIPTl GLEBAE. \nglebe (gleeb). [fro Latin gleba \"clod of earth\") (15c) 1. \nRoman law. The soil of an inheritance; an agrarian \nestate. Servi addicti glebae (\"slaves bound to the land\") \nwere serfs attached to and passing with the estate. 2. \nEccles. law. Land possessed as part of the endowment \nor revenue ofa church or ecclesiastical benefice. \n\"Diocesan glebe land forms the largest section of ecclesi\nastical conveyancing work by virtue of the large number \nof glebe properties which are held in each diocese. Such \nland is governed primarily by the Endowments and Glebe \nMeasure 1976 ... ,which in technical terms defines \n'glebe land' as 'land vested in the incumbent of a benefice \n(when the benefice is full) as part of the endowments of \nthe benefice other than parsonage land'; and 'diocesan \nglebe land' as 'glebe land acquired by a diocesan board of \nfinance under any provision of this Measure and any other \nland acquired by such a board, being land which by virtue \nof, or of any enactment amended by, a provision of this \nMeasure is to be held as part of the diocesan glebe land \nof the diocese.'\" David Rees, Ecclesiastical Conveyancing \n8 (1989). \nglobal fund. See MUTUAL FUND. \n\nGlobe election"}
{"text": "Conveyancing \n8 (1989). \nglobal fund. See MUTUAL FUND. \n\nGlobe election. Labor law. The procedure by which a \ngroup ofemployees is given the opportunity to decide \nwhether to be represented as a distinct group or to be \nrepresented as a part of a larger, existing unit. Globe \nMachine & Stamping Co., 3 NLRB 294 (1937). -Also \ntermed self-determination election. \nglos (glos), n. [Latin] Roman law. One's husband's \nsister. \ngloss, n. (l6c) 1. A note inserted between the lines or in \nthe margin of a text to explain a difficult or obscure \nword in the text <this edition ofShakespeare's works is \nbolstered by its many glosses on Elizabethan English>. \n2. A collection ofexplanations; a glossary <the horn\nbook's copious gloss>. 3. (usu. pl.) A pronouncement \nabout meaning; an interpretation <the statutory \nlanguage needs no gloss>. \nglossators (glah-say-t<lrz). (I5c) (usu. cap.) A group of \nItalian jurisconsults who, from the 11th to the 13th \ncenturies, were primarily responsible for the revival \nof the study of Roman law. -They originally worked \nby glOSSing (that is, explaining in the margin) difficult \nor unclear passages, and gradually their writings blos\nsomed into full-blown commentaries and discussions. \nSee POSTGLOSSATORS. glossatorial, adj. \nGloucester, Statute of (glos-tdr). Hist. A statute that \nallowed a successful plaintiff to recover costs in addition \nto damages. _ The statute was enacted in Gloucester. 6 \nEdw. I, ch. 1 (1278). \nglove silver. Hist. Money given as an incentive or reward \nto a court officer, esp. money given by a sheriff to an \nassize official when no prisoners were left by the assize \nfor execution. _ The name derives from the practice \nof giving money to servants, ostensibly to buy gloves \nwith. \nGMI. abbr. GUILTY BUT MENTALLY ILL. \nGMT. abbr. GENETIC-MARKER TEST. \nGNMA. abbr. GOVERNMENT NATIONAL MORTGAGE ASSO\nCIATION. \nGNP. abbr. GROSS NATIONAL PRODUCT. \ngo bail, vb. Archaic. To act as a surety on a bail bond. \nGodbote. See BOTE (2). \nGod-gild. Hist. Money paid or something offered for the \nservice of God; esp., a payment of money or a gift (for \nexample, land) to a church. See FRANKALMOIN. \ngodparent. (1865) Eccles. law. A person, usu. a close \nfamily friend or relative, who accepts a parent's invita\ntion to assume part ofthe responsibility for the reli\ngious education ofa newly baptized child. -Often, too, \nthere is an understanding that the godparent would \nhelp support and rear the child if the parents were to \ndie or become incapacitated. The spiritual parent\nchild relationship creates a canonical impediment \nto marriage. -Also termed (more specifically) god\nmother; godfather; (in eccles. law) sponsor. God's penny. Hist. Earnest money; a small sum paid on \nthe striking ofa bargain. -Also termed denarius Dei; \nearnest-penny;godpenny. See ARRA. \n\"It is among the merchants that the giving of earnest \nfirst ... becomes a form which binds both buyer and \nseller in a contract of sale. To all appearances this change \nwas not accomplished without the intermediation of a reli \ngious idea. All over western Europe the earnest becomes \nknown as the God's penny or Holy Ghost's penny (denarius \nDei) .... \" 2 Frederick Pollock &. Frederic W. Maitland, The \nHistory ofEnglish Law Before the Time ofEdward 1208 (2d \ned.1899). \ngo forward, vb. (1964) To commence or carryon with the \npresentation of a case in court <after the lunch recess, \nthe judge instructed the plaintiff to go forward with \nits case>. \ngo hence without day. (18c) (Of a defendant to a lawsuit) \nto be finished with legal proceedings without any \nfurther settings on the court's calendar. -Thus, a \ndefendant who \"goes hence without day\" succeeds in \ngetting a case finally resolved, usu. by dismissal. The \nphrase derives from the Law French phrase aller sans \njour, and over time defendants came to use it to request \nthat the case against them be dismissed without the \nnecessity of a day in court. -Sometimes shortened to \ngo without day; without day. See SINE DIE. \ngoing-and-coming rule. (1927) 1. 1he principle that \ntorts committed by an employee while commuting to \nor from work are generally outside the scope ofemploy\nment. [Cases: Labor and Employment (;:::>3045.) 2. The \nprinciple that denies workers'-compensation benefits to \nan employee injured while commuting to or from work. \nef. COMMERCIAL-TRAVELER RULE. [Cases: Workers' \nCompensation (;:::>7l9-757.] \ngoing concern. (1881) A commercial enterprise actively \nengaging in business with the expectation ofindefinite \ncontinuance. -Also termed going business. \ngoing-concern value. See VALUE (2). \ngoing price, n. (I8c) The prevailing or current market \nvalue ofsomething. Seefair market value under VALUE \n(2). \ngoing private. The process of changing a public cor\nporation into a close corporation by terminating the \ncorporation's status with the SEC as a publicly held \ncorporation and by having its outstanding publicly \nheld shares acquired by a single shareholder or a small \ngroup. [Cases: Securities Regulation C::~'60.23.1 \ngOing-private transaction. See FREEZE OUT. \ngoing public. The process of a company's selling stock \nto the investing public for the first time (after filing a \nregistration statement under applicable securities laws), \nthereby becoming a public corporation. [Cases: Securi\nties Regulation G~)11.10-11.14.] \ngoing through the bar. Hist. A daily process in which \nthe court would ask all barristers present whether they \nhad motions to present. _ Ihis practice, which ended \nin 1873, was conducted according to seniority, except \nfor the last day of a term, when the junior barristers \nwere asked first. \n\n761 \ngoing to the country. Hist. The act of requesting a \njury trial. - A defendant was said to be \"going to the \ncountry\" by concluding a pleading with the phrase \n\"and of this he puts himself upon the country.\" Simi\nlarly, a plaintiff would conclude a pleading with the \nphrase \"and this the plaintiff prays may be enquired of \nby the country.\" Also termed go to the country. Cf. \nCONCLt;SION TO THE COUNTRY. \ngoing value. See going-concern value under VALUE (2). \ngoing witness. See WITNESS. \ngold bond. See BOND (3). \ngold certificate. Hist. A bank note issued by the United \nStates Treasury from 1863 to 1934 and redeemable in \ngold. _ When'the United States abandoned the gold \nstandard in 1933, Congress declared ownership of \ngold certificates illegal even though the Treasury con\ntinued to issue them until mid-1934. The certificates \nwere legalized again in 1964, but they can no longer be \nredeemed for gold. They now have the same status as \nFederal Reserve notes, which are not redeemable for \nprecious metal. Cf. FEDERAL RESERVE NOTE; SILVER \nCERTIFICATE. [Cases: United States (;::::>34.] \ngold clause. A provision calling for payment in gold. \nGold clauses, which are now void, were once used in \ncontracts, bonds, and mortgages. \ngolden handcuffs. Remuneration set at such a high level \nthat the employee earning it cannot leave the firm or \ncompany and receive commensurate pay elsewhere. \n-As a result, the employee often stays in the position \neven if it is otherwise unrewarding or unpleasant. \ngolden handshake. Corporations. A generous compensa\ntion package offered to an employee, usu. as an induce\nment to retire or upon dismissal. \ngolden parachute. (1981) Corporations. An employ\nment-contract provision that grants an upper-level \nexecutive lucrative severance benefits -including \nlong-term salary guarantees or bonuses -if control \nofthe company changes hands (as by a merger). Cf. TIN \nPARACHUTE. [Cases: Corporations (;::::>308(3).] \n\"Key executives may be provided with significant employ \nment contract clauses that are triggered only by a change \nin the firm's control through a sale, merger, acquiSition, \nor takeover. These contract clauses are commonly termed \ngolden parachutes. and they generally provide that if \ncontrol over the employer's business occurs and the new \nmanagement terminates the executive. additional compen\nsation will be received .... Golden parachutes are useful \nin providing longterm incentives for executives to enter \nindustries in which takeover chances are above average. \nGenerally, golden parachutes do not violate public policy.\" \nKurt H. Decker & H. Thomas Felix II, Drafting and Revising \nEmployment Contracts  3.33, at 84 (1991). \ngolden rule. The principle that, in construing written \ninstruments, a court should adhere to the grammatical \nand ordinary sense ofthe words unless that adherence \nwould lead to some manifest absurdity; esp., in statu\ntory construction, the principle that ifa statute's literal \nmeaning would lead to an absurd or unjust result, or \neven to an inconsistency within the statute itself, the \nstatute should be interpreted in a way that avoids such I \ni \ni good delivery \na result or inconsistency. -Also termed Baron Parke's \nrule. Cf. ABSURDITY; MISCHIEF RULE; PLAIN-MEANING \nRULE; EQUITY-OF-THE-STATUTE RULE. [Cases: Statutes \n(;::::> 181(2), 189.] \n\"[Tlhe 'golden' rule ... allows for a departure from the \nliteral rule when the application of the statutory words in \nthe ordinary sense would be repugnant to or inconsistent \nwith some other provision in the statute or even when it \nwould lead to what the court considers to be an absurdity. \nThe usual consequence of applying the golden rule is that \nwords which are in the statute are ignored or words which \nare not there are read in. The scope of the golden rule is \ndebatable, particularly so far as the meaning of an 'absur\ndity' is concerned.\" Rupert Cross, Statutory Interpretation \n14 (1976). \ngolden-rule argument. A jury argument in which a \nlawyer asks the jurors to reach a verdict by imagining \nthemselves or someone they care about in the place of \nthe injured plaintiff or crime victim. _ Because golden\nrule arguments ask the jurors to become advocates \nfor the plaintiff or victim and to ignore their obliga\ntion to exercise calm and reasonable judgment, these \narguments are Widely condemned and are considered \nimproper in most states. [Cases: Trial (;::::> 125(1).] \ngoldsmiths' notes. Hist. Bankers' cash notes; promis\nsory notes given by bankers to customers as acknowl\nedgments of the receipt of money. -This term derives \nfrom the London banking business, which originally \nwas transacted by goldsmiths. \ngold standard. (19c) A monetary system in which currency \nis convertible into its legal equivalent in gold or gold coin. \n-The United States adopted the gold standard in 1900 \nand abandoned it in 1934. Cf. PAPER STANDARD. \ngood, adj. (bef. 12c) 1. Sound or reliable <a good invest\nment>. 2. Valid, effectual, and enforceable; sufficient \nunder the law <good title>. \ngood, n. See GOODS. \ngood and lawful fence. See LAWFUL FENCE. \ngood and merchantable abstract oftitle. See ABSTRACT \nOF TITLE. \ngood and valuable consideration. See valuable consid\neration under CONSIDERATION (1). \ngood and workmanlike. (18c) (Of a product or service) \ncharacterized by quality craftsmanship; constructed or \nperformed in a skillful way or method <the house was \nbuilt in a good and workmanlike manner>. \ngood behavior. (16c) 1. A standard by which judges are \nconsidered fit to continue their tenure, consisting in the \navoicance of criminal behavior. [Cases: Judges (;::::>7.] \n2. Orderly conduct, which in the context of penal law \nallows a prisoner to reduce the time spent in prison. Cf. \ngood time under TIME. [Cases: Prisons (;=='243.] \ngood cause. See CAUSE (2). \ngood cause shown. See good cause under CAUSE (2). \ngood consideration. See CONSIDERATION (1). \ngood deed. See DEED. \ngood delivery. See DELIVERY. \n\ngood faith, n. (lSc) A state of mind consisting in (1) \nhonesty in belief or purpose, (2) faithfulness to one's \nduty or obligation, (3) observance of reasonable com\nmercial standards of fair dealing in a given trade or \nbusiness, or (4) absence of intent to defraud or to seek \nunconscionable advantage. -Also termed bona fides. \nCf. BAD FAITH. good-faith, adj. \n'The phrase 'good faith' is used in a variety of contexts, \nand its meaning varies somewhat with the context. Good \nfaith performance or enforcement of a contract empha \nsizes faithfulness to an agreed common purpose and con \nsistency with thejustified expectations of the other party; \nit excludes a variety of types of conduct characterized \nas involving 'bad faith' because they violate community \nstandards of decency, fairness or reasonableness. The \nappropriate remedy for a breach of the duty of good faith \nalso varies with the circumstances.\" Restatement (Second) \nof Contracts  205 cmt. a (1979). \n\"[Glood faith is an elusive idea, taking on different \nmeanings and emphases as we move from one context to \nanother -whether the"}
{"text": "is an elusive idea, taking on different \nmeanings and emphases as we move from one context to \nanother -whether the particular context is supplied by the \ntype of legal system (e.g., common law, civilian, or hybrid). \nthe type of contract (e.g., commercial or consumer), or the \nnature of the subject matter of the contract (e.g., insur\nance, employment, sale of goods, financial services, and \nso on).\" Roger Brownsword et aI., \"Good Faith in Contract,\" \nin Good Faith in Contract: Concept and Context 1, 3 (Roger \nBrownsword ed., 1999). \ngood-faith bargaining. Labor law. Negotiations between \nan employer and a representative of employees, usu. a \nunion, in which both parties meet and confer at reason\nable times with open minds and with a view to reaching \nan agreement. The National Labor Relations Act \nrequires good-faith bargaining, and failure to bargain \nin good faith is considered an unfair labor practice. \n29 USCA  151-169. See UNFAIR LABOR PRACTICE. \n[Cases: Labor and Employment C=:> 11 14.] \ngood-faith exception. (1980) Criminal procedure. An \nexception to the exclUSionary rule whereby evidence \nobtained under a warrant later found to be invalid (esp. \nbecause it is not supported by probable cause) is none\ntheless admissible if the police reasonably relied on \nthe notion that the warrant was valid . The Supreme \nCourt adopted the good-faith exception in United \nStates v. Leon, 468 U.S. 897, 104 S.Ct. 3405 (1984). \n[Cases: Criminal Law C=,394.4(6).] \ngood-faith improver. A person who makes improve\nments to real property while actually and reasonably \nbelieving himself or herself to be the owner or lawful \noccupant.  The improver may be entitled to recover \nthe value ofthe improvements from the true owner or \nto remove them. See IMPROVEMENT. [Cases: Improve\nments C=:>4(2).] \ngood-faith margin. See MARGIN. \ngood-faith purchaser. See bona fide purchaser under \nPURCHASER (1). \ngood-guy clause. See good-guy guaranty under \nGUARANTY. \ngood-guy guaranty, See GUARANTY. \ngood health. Insurance. A state of reasonable healthi\nness; a state ofhealth free from serious disease . Good health, a phrase often appearing in life-insurance \npolicies, does not mean perfect health. Also termed \nsound health. [Cases: Insurance 3003(8).] \n\"As used in poliCies of insurance, there is no material differ \nence between the terms 'sound health' and 'good health,' \nand generally it appears that the two terms are consid \nered to be synonymous. Such expressions are comparative \nterms, and the rule followed generally is that the term \n'good health' or 'sound health,' when used in an insurance \ncontract, means that the applicant has no grave, important, \nor serious disease, and is free from any ailment that serio \nously affects the general soundness or healthfulness of his \nsystem.\" 43 Am.Jur. 2d Insurance  1061, at 1069 (1982). \ngood jury. See special jury under TURY. \ngood moral character, n. (18c) 1. A pattern of behavior \nthat is consistent with the community's current \nethical standards and that shows an absence of deceit \nor morally reprehensible conduct . An alien seeking \nto be naturalized must show good moral character in \nthe five years preceding the petition for naturalization. \n[Cases: Aliens, Immigration, and Citizenship C=:>703.] \n2. A pattern of behavior conforming to a profession'S \nethical standards and showing an absence of moral tur\npitude. Good moral character is usu. a requirement \nofpersons applying to practice a profeSSion such as law \nor medicine. [Cases: Licenses C=:>20.] \ngood offices. Int'llaw. The involvement of one or more \ncountries or an international organization in a dispute \nbetween other countries with the aim of contributing \nto its settlement or at least easing relations between the \ndisputing countries. \ngood ofthe order. Parliamentary law. A time scheduled, \nusu. late in a meeting, for informal announcements, \ncomments, and suggestions that do not seek the meet\ning's immediate action. -Also termed general good \nand welfare; open forum; open microphone. \nGoodright. Rist. A name sometimes used as a fictitious \nplaintiff in an ejectment action . \"John Doe\" was used \nmore frequently. -Also termed Goodtitle. Cf. JOHN \nDOE. \ngoods. (bef. 12c) I. Tangible or movable personal \nproperty other than money; esp., articles of trade or \nitems ofmerchandise <goods and services> . lhe sale \nof goods is governed by Article 2 of the UCC. [Cases: \nSales 10.] 2. Things that have value, whether \ntangible or not <the importance ofsocial goods varies \nfrom society to society>. \n\"'Goods' means all things (including specially manufactured \ngoods) which are movable at the time of identification to \nthe contract for sale other than the money in which the \nprice is to be paid, investment securities, (Article 8), and \nthings in action. 'Goods' also includes the unborn young \nof animals and growing crops and other identified things \nattached to realty as described in the section on goods to \nbe severed from realty (Section 2107).\" UCC  2-lO5(1). \nbulky goods. Goods that are obviously difficult to \nmove because of their nature, their number, or their \nlocation. \ncapital goods. Goods (such as equipment and machin\nery) used for the production of other goods or \nservices. -Also termed industrial goods. \n\n763 goodwill \nconsumer goods. Goods bought or used primarily for \npersonal, family, or household purposes, and not for \nresale or for producing other goods. UCC  9-102(23). \n[Cases: Secured Transactions C~l5.J \ncustomers' goods. Insurance. Goods belonging to the \ncustomers ofa casualty-insurance policyholder; goods \nheld by a policyholder as a bailee. \ndistressed goods. Goods sold at unusually low prices \nor at a loss. \ndurable goods. Consumer goods that are designed to \nbe used repeatedly over a long period, such as auto\nmobiles or refrigerators. -Also termed durables; \nhard goods. \nfungible goods (f;m-jd-b<ll). Goods that are interchange\nable with one another; goods that, by nature or trade \nusage, are the equivalent of any other like unit, such \nas coffee or grain. UCC  l-201(b)(l8). \nfuture goods. Goods that will come into being, such \nas those yet to be manufactured; goods that are not \nboth existing and identified. A purported present \nsale offuture goods or any interest in them operates \nas a contract to sell. UCC  2-105(2). \ngray-market goods. See PARALLEL IMPORTS. \nhard goods. See durable goods. \nhousehold goods. Goods that are used in connection \nwith a home . 111is term usu. arises when a ware\nhouser claims a lien on what he or she asserts are \n\"household\" goods. According to the UCC, a ware\nhouser may claim a lien on a depositor's furniture, \nfurnishings, and personal effects that are used in a \ndwelling. \"GCC  7-209(d). \nindustrial goods. See capital goods. \nmobile goods. Goods that are normally used in more \nthan one jurisdiction (such as shipping containers \nand road-construction machinery) and that are held \nby the debtor as equipment or leased by the debtor to \nothers. Under previous drafts ofthe Uniform Com\nmercial Code, the procedure for perfecting a security \ninterest in mobile goods was generally defined by \nthe law of the state where the debtor is located. The \ncurrent UCC does not distinguish mobile goods. See \nordinary goods. DCC  9-103(3). \nnonconforming goods. Goods that fail to meet con\ntractual specifications, allowing the buyer to reject \nthe tender ofthe goods or to revoke their acceptance. \nDCC  2-601, 2-608. See PERFECT-TENDER RULE. \n[Cases: Sales C:::> 119, 166(1).J \nordinary goods. Goods that are anything other than \nmobile goods, minerals, or goods covered by a cer\ntificate oftitle. UCC  9-103(l)(a). The current UCC \ndoes not distinguish between ordinary and mobile \ngoods. [Cases: Secured Transactions C=:::' 14.] \nprize goods. Goods captured at sea during wartime. \nsoft goods. Consumer goods (such as clothing) that are \nnot durable goods. Good Samaritan action.!. A deed performed gratu\nitously by a person to help another who is in peril. \nAlso termed Good Samaritan act. See GOOD SAMARITAN \nDOCTRINE; GOOD SAMARITAN LAW. 2. A lawsuit brought \nby a person or group for the benefit of all or part of a \ncommunity. \nGood Samaritan doctrine (s<l-mar-i-tdn). (l952) Torts. \nThe principle that a person who is injured while \nattempting to aid another in imminent danger, and \nwho then sues the one whose negligence created the \ndanger, will not be charged with contributory negli\ngence unless the rescue attempt is an unreasonable \none or the rescuer acts unreasonably in performing the \nattempted rescue. Cf. EMERGENCY DOCTRINE; RESCUE \nDOCTRINE; LOST-CHANCE DOCTRINE. [Cases: Negli\ngence C~510(3).J \ngood-samaritan law. (l965) A statute that exempts \nfrom liability a person (such as an off-duty physician) \nwho voluntarily renders aid to another in imminent \ndanger but negligently causes injury while rendering \nthe aid. Some form of good-samaritan legislation \nhas been enacted in all 50 states and in the District \nofColumbia. -Also written Good Samaritan law. \nAlso termed good-samaritan statute. Cf. GOOD SAMARI\nTAN DOCTRINE. [Cases: Health C=:::'769; Negligence \n284.] \n\"The so-called 'Good Samaritan Statutes' ... do not require \naid to be given. They merely encourage doctors to stop \nand give aid to strangers in emergency situations by pro\nviding that no physician who in good faith renders such \naid shall be liable in civil damages as a result of acts or \nomissions in rendering such aid. Some states have enacted \nstatutes that require a person who is able to do so with no \ndanger or peril to himself to come to the aid of another \nwho is exposed to grave physical harm.\" Rollin M. Perkins \n& Ronald N. Boyce, Criminal Law 661 (3d ed. 1982), \ngoods and chattels (chat-<Ilz), n. (16c) Loosely, personal \nproperty of any kind; occasionally, tangible personal \nproperty only. -Also termed goods and effects; goods \nand merchandise. \ngood-soldier defense. An excuse theory based on the \nassertion that a defendant was following orders, esp. \nof a military or corporate superior. The term is a \nderisive label rather than a valid defense. Following \nan order does not relieve a defendant of responsibility \nfor wrongful acts unless there are circumstances that \nwould amount to coercion. \ngood time. See TIME. \ngood-time law. A statute allOWing a prisoner's sentence \nto be reduced by a stated number of days for each \nmonth or year ofgood behavior while incarcerated. \nAlso termed good-time statute. \ngood title. See TITLE (2). \ngoodwill. (bef. 12c) A business's reputation, patronage, \nand other intangible assets that are considered when \nappraising the business, esp. for purchase; the ability \nto earn income in excess of the income that would be \nexpected from the business viewed as a mere collection \nofassets. Because an established business's trademark \nor servicemark is a symbol of goodwill, trademark \n\ngoose case 764 \ninfringement is a form oftheft: ofgoodwill. By the same \ntoken, when a trademark is assigned, the goodwill that \nit carries is also assigned. -Also written good will. \nAlso termed enterprise goodwill; commercial goodwill; \npractice goodwill; economic goodwill. Cf. going-concern \nvalue under VALUE (2). [Cases: Good Will C;:)1, \n\"[Goodwill] is only another name for reputation, credit, \nhonesty, fair name, reliability.\" Harry D. Nims, The Law of \nUnfair Competition and Trade-Marks 36 (1929). \n\"Good will is to be distinguished from that element of value \nreferred to variously as going-concern value, gOing value, \nor going business. Although some courts have stated that \nthe difference is merely technical and that it is unimportant \nto attempt to separate these intangibles, it is generally \nheld that going-concern value is that which inheres in a \nplant of an established business.\" 38 Am. Jur. 2d Good Will \n 2, at 913 (1968). \nindividual goodwill. See personal goodwill. \npersonal goodwill. Goodwill attributable to an indi\nvidual's skills, knowledge, efforts, training, or reputa\ntion in making a business successful. Also termed \nprofessional goodwill; separate goodwill; individual \ngoodwill. \nprofessional goodwill. See personal goodwill. \nseparate goodwill. See personal goodwill. \ngoose case. See WHITEHORSE CASE. \ngoosehorn, n. Slang. A bawdy house; a house ofprostitu\ntion. See DISORDERLY HOUSE. \ngore (gor), n. (bef. 12c) 1. Hist. A small, narrow slip of \nland. 2. A small (often triangular) piece of land, such \nas may be left between surveys that do not close. 3. In \nsome New England states (such as Maine and Vermont), \na county's subdivision that has little population and \nthus is not organized as a town. \nGothland sea laws. See LAWS OF VISBY. \ngo to protest. (Ofcommercial paper) to be dishonored \nby nonpayment or nonacceptance <the draft: will go to \nprotest>. See DISHONOR (1); PRO"}
{"text": "onored \nby nonpayment or nonacceptance <the draft: will go to \nprotest>. See DISHONOR (1); PROTEST (2). \ngo to the country. See GOING TO THE COUNTRY. \ngovern, vb. (l4c) (Of a precedent) to control a point in \nissue <the Smith case will govern the outcome of the \nappeal>. \ngoverning body. 1. GOVERNMENT (2). 2. A group of(esp. \ncorporate) officers or persons having ultimate control \n<the board ofdirectors is the governing body ofXYZ, \nInc.>. \ngoverning document. See DOCUMENT. \ngovernment. (l4c) l. The structure of principles and \nrules determining how a state or organization is regu\nlated. 2. The sovereign power in a nation or state. 3. An \norganization through which a body ofpeople exercises \npolitical authority; the machinery by which sovereign \npower is expressed <the Canadian government> . In \nthis sense, the term refers collectively to the political \norgans ofa country regardless oftheir function or level, \nand regardless ofthe subject matter they deal with. Cf. \nNATION; STATE. central government. See federal government (1). \nde facto government (di fak-toh). 1. A government that \nhas taken over the regular government and exercises \nsovereignty over a nation. 2. An independent gov\nernment established and exercised by a group of a \ncountry's inhabitants who have separated themselves \nfrom the parent state. -Also termed government de \nfacto. \nde jure government. A functioning government that \nis legally established. -Also termed government de \njure. \nfederal government. 1. A national government that \nexercises some degree ofcontrol over smaller political \nunits that have surrendered some degree ofpower in \nexchange for the right to participate in national politi\ncal matters. -Also termed (in federal states) central \ngovernment. 2. The U.S. government. Also termed \nnational government. [Cases: United States C=~1.] \ngovernment de facto. See de facto government. \ngovernment de jure. See de jure government. \nlocal government. The government of a particular \nlocality, such as a city, county, or parish; a governing \nbody at a lower level than the state government.  \nThe term includes a school district, fire district, trans\nportation authority, and any other special-purpose \ndistrict or authority. Also termed municipal gov\nernment. [Cases: Municipal Corporations C=6.] \nmixed government. A government containing a blend \nofforms, as in democracy and monarchy. \nmunicipal government. See local government. \nnational government. 1. See NATIONAL GOVERNMENT. \n2. Seefederal government (2). \nproprietary government. Hist. A government granted \nby the Crown to an individual, in the nature of a \nfeudatory principality, with powers of legislation \nformerly belonging to the owner ofa county palatine. \nCf. COUNTY PALATINE. \nprovisional government. A government temporarily \nestablished to govern until a permanent one is orga\nnized to replace it. \nrepublican government. A government in the repub\nlican form; specif., a government by representatives \nchosen by the people. [Cases: States C::::>4.3.] \nstate government. The government of a state of the \nUnited States. [Cases: States C::::> 1.] \n4. The executive branch ofthe U.S. government. 5. lhe \nprosecutors in a given criminal case <the government \nhas objected to the introduction of that evidence>. 6. \nAn academic course devoted to the study of govern\nment; political science <Bridges is enrolled in Govern\nment 101>. \ngovernment agency. See AGENCY (3). \ngovernment-agency defense. Torts. An affirmative \ndefense that immunizes a contractor from liability \nupon proof that the contractor acted on the govern\nment's behalf as an agent or as a government officer. \n\n165 government-in-exile \n-This defense is extremely limited because of the dif\nficulty ofestablishing the government-agent relation\nship. See Yearsley v. WA. Ross Constr. Co., 309 U.S. 18, \n20-22,60 S. Ct. 413, 414-15 (1940). Cf. GOVERNMENT\nCONTRACTOR DEFENSE; CONTRACT-SPECIFICA nON \nDEFENSE. \ngovernment-agency security. See government security \nunder SECURITY. \ngovernment agent. See AGENT (2). \ngovernmental act. See GOVERNMENTAL F1:NCTION. \ngovernmental activity. See GOVERNMENTAL FUNCTION. \ngovernmental employee benefit plan. See governmental \nplan under EMPLOYEE BENEFIT PLAN. \ngovernmental enterprise. See ENTERPRISE. \ngovernmental function. (1817) Torts. A government \nagency's conduct that is expressly or impliedly mandated \nor authorized by constitution, statute, or other law and \nthat is carried out for the benefit of the general public. \n-Generally, a governmental entity is immune from \ntort liability for governmental acts. -Also termed \ngovernmental act; governmental activity. See PUBLIC\nFUNCTION TEST. Cf. PROPRIETARY FUNCTION. [Cases: \nMunicipal Corporations (;:::>724.) \n\"[A]ctivities of police or firefighters, though tortious, are \nusually considered governmental in the sense that they \ninvolve the kind of power expected of the government, \neven if its exercise in the specific case is wrongful. The \ncity is immune as to such activities for this reason. On the \nother hand, if the city operates a local electric or water \ncompany for which fees are charged, this looks very much \nlike private enterprise and is usually considered proprio \netary.... The difficult distinction between governmental \nand proprietary functions is even more troubling where \nthe city's conduct combines both kinds of function at \nonce. For example, operation of a sanitary sewer may be \ndeemed governmental, but operation of a storm sewer \nmay be deemed proprietary.\" Prosser and Keeton on the \nLaw of Torts  131, at 1053-54 (W. Page Keeton ed., 5th \ned. 1984). \ngovernmental-function theory. (1936) Constitutional \nlaw. A principle by which private conduct is charac\nterized as state action, esp. for due-process and equal\nprotection purposes, when a private party is exercising \na public function. _ Under this theory, for example, a \npolitical party (which is a private entity) cannot exclude \nvoters from primary elections on the basis of race. \nAlso termed public-function rationale. [Cases: Civil \nRights 1326(4,7); Constitutional Law C:::>213(4), \n254(4).) \ngovernmental immunity. See sovereign immunity under \nIMMUNITY (1). \ngovernmental instrumentality. (1854) A constitution\nally or legislatively created agency that is immune \nfrom certain kinds ofliability, as for taxes or punitive \ndamages. [Cases: United States \ngovernmental-interest-analysis technique. See INTER\nEST-ANALYSIS TECH:-IIQUE. \ngovernmental plan. See EMPLOYEE BENEFIT PLAN. \ngovernmental secret. See STATE SECRET. governmental trust. See TRUST. \ngovernmental unit. A subdivision, agency, department, \ncounty, parish, municipality, or other unit of the gov\nernment of a countrv or a state . The term includes an \norganization with a'separate corporate existence only \nif the organization can legally issue debt obligations on \nwhich interest is exempt from income taxation under \nnational law. UCC  9-102(a)(45). [Cases: Municipal \nCorporations C:::>6.) \ngovernment-annuity society. Hist. One ofseveral orga\nnizations formed in England to enable the working \nclass to provide for themselves by purchasing, on \nadvantageous terms, a government annuity for life or \nfor a term ofyears. \ngovernment bond. 1. See savings bond under BOND (3). \n2. See government security under SECURITY. \ngovernment contract. See CONTRACT. \ngovernment-contractor defense. An affirmative defense \nthat immunizes a government contractor from civil \nliability under state law when the contractor complies \nwith government specifications. -Immunization is \nextended when two conditions are satisfied: (1) the \nsupplier warned the government about any dangers \npresented by the goods about which the supplier had \nknowledge but the government did not, and (2) the \ngovernment itself is immune from liability under the \nFeres doctrine. Essentially, this federal common-law \ndefense, which has been applied in cases ofnegligence, \nstrict liability, and breach ofwarranty, extends sover\neign immunity over the contractor. The leading case \non this defense is Boyle v. United Techs. Corp., 487 \nU.S. 500, 108 S.Ct. 2510 (1988). Also termed Boyle \ndefense; government-contract defense; government\ncontract-specification defense; (in military context) \nmilitary-contractor defense. See FERES DOCTRINE. Cf. \nGOVERNMENT-AGENCY DEFENSE. [Cases: Aviation \n13; Products Liability \ngovernment-contract-specification defense. See GOV\nERNMENT-COKTRACTOR DEFENSE. \ngovernment-controlled corporation. See quasi-govern\nmental agency under AGENCY (3). \ngovernment corporation. See public corporation (3) \nunder CORPORATION. \ngovernment de facto. See de facto government under \nGOVERNMENT. \ngovernment de jure. See de jure government under GOV\nERNMENT. \ngovernment enterprise. See governmental enterprise \nunder ENTERPRISE. \ngovernment immunity. See sovereign immunity under \nIMMUNITY (1). \ngovernment-in-exile. An individual or group of indi\nviduals residing in a foreign country while (1) claiming \nsupreme authority over a country, (2) being recognized \nby the hosting country as the supreme authority over \nthat other country, and (3) being organized to perform \n\n766 government insurance \nand actually performing some acts of state on behalf \nof the home country. \ngovernment insurance. See INSURANCE. \ngovernment land. See public land under LAND. \nGovernment National Mortgage Association. A fed\nerally owned corporation in the U.S. Department \nof Housing and Urban Development responsible for \nguaranteeing mortgage-backed securities composed \nof FHA-insured or VA-guaranteed mortgage loans . \nThe Association purchases, on the secondary market, \nresidential mortgages originated by local lenders; it \nthen issues federally insured securities backed by these \nmortgages. -Abbr. GNMA. Also termed Ginnie \nMae. [Cases: United States ~53(9).] \ngovernment oflaws. The doctrine that government must \noperate according to established, consistent legal prin\nciples and not according to the interests of those who \nhappen to be in power at a given time; esp., the doctrine \nthat judicial decisions must be based on the law, regard\nless ofthe character of the litigants or the personal pre\ndilections ofthe judge. \ngovernment plan. See governmental plan under EM\nPLOYEE BENEFIT PLAN. \nGovernment Printing Office. An office in the legisla\ntive branch of the federal government responsible for \nprinting and distributing congressional publications \nand publications ofother agencies ofthe United States \ngovernment.  The Office is supervised by the Congres\nsional Joint Committee on Printing. It began operating \nin 1860. Abbr. GPO. \ngovernment secret. See STATE SECRET. \ngovernment-securities interdealer broker. See BROKER. \ngovernment security. See SECURITY. \ngovernment survey. See SURVEY. \ngovernment-survey system. A land-description method \nthat divides the United States into checks or tracts of \nground, which are further broken down into smaller \ndescriptions, such as metes and bounds. \ngovernment tort. See TORT. \ngovernor. (14c) The chief executive official of a U.S. state . \n Governors are elected and usu. serve a two-or four\nyear term. [Cases: States \ngo without day. See GO HENCE WITHOUT DAY. \nGPARM. See graduated-payment adjustable-rate \nmortgage under MORTGAGE. \nGPO. abbr. GOVERNMENT PRINTING OFFICE. \ngrab law. (1884) The various means of debt collection \ninvolving remedies outside the scope of federal bank\nruptcy law, such as attachment and garnishment; \naggressive collection practices. [Cases: Attachment ~ \n1; Garnishment ~1.] \ngrace period. (1945) 1. A period of extra time allowed for \ntaking some required action (such as making payment) \nwithout incurring the usual penalty for being late . \nInsurance policies typically provide for a grace period of 30 days beyond the premium's due date, during \nwhich the premium may be paid without the policy \nbeing canceled. And Article 9 of the UCC provides for \na lO-day grace period, after the collateral is received, \nduring which a purchase-money security interest \nmust be perfected to have priority over any conflicting \nsecurity interests. -Also termed days ofgrace; grace \ndays. 2. Patents. The one-year interval allowed by the \nU.S. Patent Act between the time an invention is used \nin public, sold, offered for sale, or disclosed in a publi\ncation and the time the inventor applies for a patent . \nMost countries follow the doctrine of absolute priority \nand do not allow a grace period. Sometimes short\nened to grace. Cf. STATUTORY BAR; absolute novelty \nunder NOVELTY. \ngradatim (gr<l-day-t<lm), adv. (16c) [Latin] Roman law. \nGradually; by successive degrees of relationship . \nGradatim refers to the step-by-step admission of succes\nsors when there is no heir next in line. See GRADUS. \ngrade, n. Criminal law. An incremental step in the scale \nof punishments for offenses, based on a particular \noffense's seriousness <several grades of murder>. See \nDEGREE (2). \ngraded offense. See OFFENSE (1). \ngrading. The fixing of a criminal offense at a level of \nseriousness, such as first degree, second degree,"}
{"text": "1). \ngrading. The fixing of a criminal offense at a level of \nseriousness, such as first degree, second degree, or third \ndegree (in reference to a felony), or Class A, Class B, or \nClass C (in reference to a misdemeanor). See DEGREE \nOF CRIME. [Cases: Criminal Law \ngradual method. An intestate-inheritance scheme that \ngives priority to relatives who are nearest in degree \nof consanguinity . This method dates back to the \nEnglish Statute ofDistributions (1670). Cf. PARENTELIC \nMETHOD; UNIVERSAL INHERITANCE RULE. \ngraduated lease. See LEASE. \ngraduated mortgage. See graduated-payment mortgage \nunder MORTGAGE. \ngraduated-payment adjustable-rate mortgage. See \nMORTGAGE. \ngraduated-payment mortgage. See MORTGAGE. \ngraduated tax. See TAX. \ngradus (gray-d<:ls), n. [Latin \"step\"]l. Roman law. A step \nor degree in the familial relationship . The term iden\ntified a position in the order ofsuccession under a will. \n2. Hist. A degree, rank, or grade; specif., the rank of a \nmaster-in-chancery or a serjeant-at-law. \ngraffer (graf-<lr). (15c) Hist. A notary or scrivener. \nAlso termed graffarius. \ngraffium (graf-ee-<lm). Hist. A register or cartulary \nof deeds and other documents establishing title to \nproperty, esp. real property. Also spelled grafium. \ngrafio (gray-fee-oh). [Law Latin] Hist. 1. A baron; a \nviscount. A grafio was inferior to a count. 2. A fiscal \njudge, responsible for collecting taxes and fines. The \nterm was chiefly used among early European nations. \n\ngraft, n. (14c) 1. The act of using a position of trust to \ngain money or property dishonestly; esp., a public offi\ncial's fraudulent acquisition of public funds. 2. Money \nor property gained illegally or unfairly. \nGraham factors. (1966) Patents. A three-part test for \ndetermining obviousness under  103 of the Patent \nAct of 1952, looking at (1) the scope and content ofthe \nprior art, (2) the differences between the prior art and \nthe patent claims, and (3) the level of ordinary skill in \nthe pertinent art. Graham v. John Deere Co. ofKansas \nCity, 383 U.S. 1, 86 S.Ct. 684 (1966). See NONOBVIOUS\nNESS. [Cases: Patents C-;:J 16.] \nGrain Inspection, Packers, and Stockyards Admin\nistration. An agency in the U.S. Department of Agri\nculture responsible for helping to market meat, cereals, \nand related agricultural products, and for promoting \nfair trade practices. -Abbr. GIPSA. \ngrain rent. See crop rent under RENT (1). \ngrammatical interpretation. See INTERPRETATION. \ngranage. (16c) Hist. A duty consisting ofone-twentieth \nof the salt imported by an alien into London. \ngranatarius (gran-o-tair-ee-os). [Law Latin] Hist. An \nofficer in charge of a granary, esp. one in charge of a \nreligious house's granary. \ngrand, adj. (17c) Of or relating to a crime involving the \ntheft of money or property valued more than a statuto\nrily established amount, and therefore considered more \nserious than those involving a lesser amount <grand \ntheft>. See grand larceny under LARCENY. Cf. PETTY. \n[Cases: Larceny (;:::;>23.] \ngrand assize. See ASSIZE (5). \ngrand bill of sale. See BILL (7). \ngrand cape. See cape magnum under CAPE. \ngrand coutumier de pays et duche de Normandie (gron \nkoo-t[y]oo-myay do pay ay da-shay do nor-man-dee). \n[French] Hist. A collection of the common or custom\nary laws of the Duchy of Normandy. The code was \nprobably compiled in the 13th century, and it still \nremains the law of Jersey, except to the extent that it \nhas been modified by later legislation and judicial deci\nsions. See CLAMEUR DE HARO. \nGrand Day. English law. 1. Hist. One of four holy days \non which the courts were not in session . Each of the \nfour court terms had a Grand Day. The four Grand \nDays were Candlemas Day (February Ascension \nDay (March 25), St. John the Baptist Day (June 24), \nand All Saints' Day (November 1). The Inns of Court \nand of Chancery ceremoniously observed each Grand \nDay. 2. A day in each term on which the Benchers ofthe \nInns of Court host ceremonial dinners in their halls. \nSee BENCHER. Cf. TERM (6). \ngrand distress. See DISTRESS. \ngrandfather, vb. (1953) To cover (a person) with the \nbenefits of a grandfather clause <the statute sets the \ndrinking age at 21 but grandfathers those who are 18 \nor older on the statute's effective date>. grandfather clause. (1900) 1. Hist. A clause in the con\nstitutions of some Southern states exempting from \nsuffrage restrictions the descendants of men who could \nvote before the Civil War . The U.S. Supreme Court \nheld that a clause of this kind in the Oklahoma Consti\ntution violated the 15th Amendment. Guinn v. United \nStates, 238 U.S. 347, 35 S.Ct. 926 (1915). 2. A provi\nsion that creates an exemption from the law's effect for \nsomething that existed before the law's effective date; \nspecif., a statutory or regulatory clause that exempts \na class of persons or transactions because of circum\nstances existing before the new rule or regulation takes \neffect. [Cases: Statutes C-=228.] 3. In a government \ncontract, a provision that immunizes the contractor \nagainst any changes in federal law that would other\nwise adversely affect the contract.  For example, the \ngovernment may promise to cover any increased costs \nthat arise from a change in the law, even though the \ncontractor would bear them for any other reason. 4. In \na construction contract, a general and inclusive provi\nsian that makes a party responsible for dealing with \nrisks, whether expected or unexpected. \ngrand inquest. See INQUEST. \ni grand juror. See JUROR. \nI grand jury. (15c) A body of (usu. 16 to 23) people who \nare chosen to sit permanently for at least a month \nand sometimes a year and who, in ex parte proceed\nings, decide whether to issue indictments. See Fed. R. \nCrim. P. 6. Ifthe grand jury decides that evidence is \nstrong enough to hold a suspect for trial, it returns a \nbill ofindictment (a true bill) charging the suspect with \na specific crime. Also termed accusing jury; present\ning jury; jury ofindictment. Cf. petit jury under JURY. \n[Cases: Grand Jury \n\"The grand jury serves or may serve two distinct func\ntions. One is a screening function; the grand jury evalu \nates evidence supporting possible charges and returns \nan indictment only in those cases in which the evidence \namounts to at least probable cause. The other is an investi\ngatorial function; the grand jury sometimes develops infor \nmation that is of value in determining whether grounds for \na charge exist and --perhaps incidentally --in proving \nthat charge at the defendant's later criminal trial.\" Frank \nW. Miller et aI., Cases and Materials on Criminal justice \nAdministration 546 (3d ed. 1986). \nadditional grandjury. See special grand jury. \ninvestigative grand jury. (1960) A grand jury whose \nprimary function is to examine possible crimes and \ndevelop evidence not currently available to the pros\necution. Also termed investigatory grand jury. \nrunaway grand jury. (1959) A grand jury that acts \nessentially in opposition to the prosecution, as by \ncalling its own witnesses, perversely failing to return \nan indictment that the prosecution has requested, or \nreturning an indictment that the prosecution did not \nrequest. \nscreening grand jury. (1990) A grand jury whose \nprimary function is to decide whether to issue an \nindictment. \n\nspecial grand jury. (1854) A grand jury specially \nsummoned, usu. when the regular grand jury either \nhas already been discharged or has not been drawn; \na grand jury with limited authority. Also termed \nadditional grand jury; extraordinary grand jury. \n[Cases; Grand Jury C=> 10.] \nGrand Jury Clause. (1949) The clause of the Fifth \nAmendment to the U.S. Constitution requiring an \nindictment by a grand jury before a person can be tried \nfor serious offenses. [Cases; Grand JuryC=:::>2.] \ngrand-jury witness. See WITNESS. \ngrand larceny. See LARCENY. \ngrand list. See ASSESSMENT ROLL. \ngrandparent application. See PATENT APPLICATION. \ngrandparent rights. A grandfather's or grandmoth\ner's rights in seeking visitation with a grandchild. \nBy statute in most states, in certain circumstances a \ngrandparent may seek court-ordered visitation with a \ngrandchild. Typically these circumstances include the \ndeath of the grandparents' child (the child's parent) and \nthe divorce ofthe child's parents. But the United States \nSupreme Court has held that the primary, constitution\nally protected right of decision-making regarding asso\nciation with a child lies with the child's parents. As a \ngeneral rule, ifthe parent is a fit and proper guardian \nand objects to visitation, the parent's will prevails. \nTroxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054 (2000). \n[Cases; Child CustodyC=>283.] \ngrandparent visitation. See VISITATION. \nGrand Remonstrance (ri-mon-strants). Hist. A protest \ndocument issued by the House of Commons in 1641, \nsetting forth numerous political grievances against \nCharles 1. _ The document demanded three primary \nremedial measures; (1) improvements in the adminis\ntration of justice, (2) appointment oftrustworthy min\nisters, and (3) enforcement of the laws against Roman \nCatholics. It was the first major split between the \nRoyalist and Parliamentary parties, and it led Charles \nto seek the arrest of the five members who pushed the \ndocument through the Commons. \ngrand serjeanty. See SERJEANTY. \nGrand Survey. See grand inquest (2) under INQUEST. \ngrange (graynj). (14c) 1. Hist. A farm furnished with all \nthe necessities for husbandry, such as a barn, granary, \nand stables; esp., an outlying farm that belonged to \na religious establishment or a feudal lord. 2. (cap.) \nA social, educational, and political organization, \nformally called the National Grange of the Patrons of \nHusbandry, that informs its members about agricul\nture-related legislation and proposals, and represents \nfarm interests in lobbying government. -The Grange \nwas formed in 1867 and soon became the foundation \nof the Granger Movement, a 19th-century political \nforce that protested economic abuses that increased \nfarmers' costs while forcing down prices for agricul\ntural products. Movement followers (called Grangers) \ncontrolled several Midwest state legislatures and passed Granger laws that set maximum rates for railroads, \nwarehouses, and grain elevators. Railroads and other \ninterested parties challenged the constitutionality of \nthese laws in what have become known as the Granger \nCases. \nGranger Cases (grayn-jar). Six U.S. Supreme Court deci\nsions holding that the police power of the states enabled \nthem, through legislation, to regulate fees charged by \ncommon carriers, warehouses, and grain elevators. \n The cases, decided in 1876, arose out of grangers' \n(Le., farmers') frustration with the inflated prices they \nwere paying to store and transport their agricultural \nproducts. When several state legislatures passed laws \nregulating those prices, the affected businesses sued to \nhave the laws overturned on grounds that they violated \nthe Commerce Clause and the Due Process Clause of \nthe 14th Amendment. The Court rejected these claims, \nholding that the activities involved affected the public \ninterest and were therefore subject to the government's \nregulatory authority. See GRANGE (2). \nGranger Movement. See GRANGE (2). \ngrant, n. (13c) 1. An agreement that creates a right or \ninterest in favor of a person or that effects a transfer \nof a right or interest from one person to another. \nExamples include leases, easements, charges, patents, \nfranchises, powers, and licenses. 2. The formal transfer \nof real property. [Cases; Deeds 3. 'Ihe document \nby which a transfer is effected; esp., DEED. 4. The \nproperty or property right so transferred. \ncommunity grant. A grant of real property made by \na government (or sometimes by an individual) for \ncommunal use, to be held in common with no right \nto sell. - A community grant may set out specific, \ncommunal uses for the property, such as for grazing \nanimals or maintaining a playground. Cf. private \ngrant. [Cases: Public Lands C=>223(4).] \nescheat grant. A government's grant of escheated land \nto a new owner. Also termed escheat patent. [Cases; \nEscheat (;::::>8(1).] \nimperfect grant. 1. A grant that requires the grantor \nto do something before the title passes to another. Cf. \nperfect grant. 2. A grant that does not convey all rights \nand complete title against both private persons and \ngovernment, so that the granting person or political \nauthority may later disavow the grant. See Paschal v. \nPerex, 7 Tex. 368 (1851). \ninclusive grant. A deed or grant that describes the \nboundaries ofthe land conveyed and excepts certain \nparcels within those boundaries from the convey\nance, usu. because those parcels ofland are owned or \nclaimed by others. Also termed inclusive deed. \noffice"}
{"text": "ance, usu. because those parcels ofland are owned or \nclaimed by others. Also termed inclusive deed. \noffice grant. A grant made by a legal officer because \nthe owner is either unwilling or unable to execute a \ndeed to pass title, as in the case ofa tax deed. See tax \ndeed under DEED. \nperfect grant. A grant for which the grantor has done \neverything reqUired to pass a complete title, and the \n\n769 \ngrantee has done everything required to receive and \nenjoy the property in fee. Cf. imperfect grant (1). \nprivate grant. A grant ofreal property made to an indi\nvidual for his or her private use, including the right \nto sell it. -Private grants made by a government are \noften found in the chains of title for land outside the \noriginal 13 states, esp. in former Spanish and Mexican \npossessions. Cf. community grant. \n5. SUBSIDY (1). \ngrant, vb. (13c) 1. To give or confer (something), with or \nwithout compensation <the parents granted the car to \ntheir daughter on her 16th birthday>. 2. To formally \ntranster (real property) by deed or other writing <the \nLewisons granted the townhouse to the Bufords>. \n[Cases: Deeds C=>3.] 3. To permit or agree to <the \npress secretary granted the reporter access to the Oval \nOffice>. 4. To approve, warrant, or order (a request, \nmotion, etc.) <the court granted the continuance>. 5. \nInt'llaw. See SUBSIDY (3). \ngrantback, n. (1956) A license-agreement provision \nrequiring the licensee to assign or license back to the \nlicensor any improvements that the licensee might \nmake to a patent or other proprietary right. [Cases: \nPatents (:=213.] \ngrant deed. See DEED. \ngrantee. (lSc) One to whom property is conveyed. \ngrantee-grantor index. See INDEX (1). \ngrant-in-aid. (19c) 1. A sum ofmoney given by a govern\nmental agency to a person or institution for a specific \npurpose; esp., federal funding for a state public program. \n[Cases: United States (::-=>82(2).)2. Hist. AID (1). \ngranting clause. (l8c) The words that transfer an interest \nin a deed or other instrument, esp. an oil-and-gas lease. \n-In an oil-and-gas lease, the granting clause typically \nspecifies the rights transferred, the uses permitted, and \nthe substances covered by the lease. [Cases: Deeds (:=> \n28-37; Mines and Minerals C~73, 73.1.) \ngrant of rights. Copyright. A copyright owner's pre\npublication assignment to the publisher ofall rights in \nexchange for a payment or an advance on royalties. \ngrantor. (I7c) 1. One who conveys property to another. \n[Cases: Deeds 30.] 2. SETTLOR (1). \ngrantor-grantee index. See INDEX (1). \ngrantor-retained annuity trust. See TRUST. \ngrantor-retained income trust. See TRUST. \ngrantor-retained unitrust. See TRUST. \ngrantor's lien. See vendor's lien under LIE~. \ngrantor trust. See TRUST. \ngrant to uses. Hist. A conveyance oflegal title to real \nproperty to one person for the benefit of another. \nIf, tor example, A conveyed land to B and his heirs to \nthe use of C and his heirs, B - the feoffee to uses \nacquired seisin in and had possession of the land and \nwas considered the legal owner. C the cestui que \nuse -was considered the equitable owner ofthe land gratuitous consideration \nand was entitled to the land's rents, profits, and benefits. \nBecause the cestui que use did not have seisin in the \nland, he was not subject to feudal payments. From the \n13th century torward, the grant to uses was an increas\ningly popular mode of conveyance. See CESTUI QUE \nUSE; STATUTE OF USES; USE (4). \ngrass hearth. Hist. A tenant's customary service, consist\ning of the tenant's bringing his plow to the lord's land \nand plowing it for one day. \ngrassum (gras-;ml). [Law Latin) 1. Scots law. A Single \nlease payment made in addition to the periodic \npayments due under an agreement; a payment in \naddition to the rent paid by a tenant to the landlord. \nPI. grassums. \n\"Grassum; an anticipation of rent in a gross or lump \nsum .... In questions with singular successors there is \nno limitation of the power to take grassums, only the rent \nmust not be thereby diminished so as to be altogether \nelusory. In regard, however, to lands under entail, the heir \nin possession must administer the estate secundum bonum \net aequum, taking no more of the annually accruing rents \nand profits than he leaves to descend to his successors. \nHence, grassums, as being. in effect, anticipations of the \nfuture rents, to the prejudice of succeeding heirs, are \nheld to be struck at by the prohibition against alienation.\" \nWilliam Bell, Bell's Dictionary and Digest of the Laws of \nScotland 492 (George Watson ed., 7th ed. 1890). \n2. GRESSUME. 3. GERSUM (1). 4. GERSUM (2). \nGRAT. abbr. GRANTOR-RETAINED ANNUITY TRUST. \ngratia curiae (gray-shee-<:l kyoor-ee-ee or -I). [Latin) \nFavor ofthe court. Cf. RIGOR JURIS. \ngratia mandatarii (gray-shee-a man-da-tair-ee-I). \n[Latin) Hist. For the sake of the mandatary. -The \nphrase appeared in reference to the irrevocability of a \nmandate given solely for the mandatary's benefit. \n\"Gratia mandatarii. .. In the general case, a mandate, \nbeing for the benefit of the mandant, may be recalled by \nhim at pleasure. Mandates, however, which are granted \nsolely for the sake (or advantage) of the mandatary, such as \nthe mandate contained in the registration clause of a deed, \nwhereby the granter gives authority for its registration, \nare not revocable.\" John Trayner, Trayner's Latin Maxims \n237 (4th ed. 1894). \ngratification. (16c) Archaic. A voluntarily given reward \nor recompense for a service or benefit; a gratuity. \ngratis (grat-is or gray-tis), adj. Free; without compen\nsation. \ngratis dictum. See DICTUM. \ngratuitous (gra-t[y]oo-a-tds), adj. (17c) 1. Done or per\nformed without obligation to do so; given without \nconsideration in circumstances that do not otherwise \nimpose a duty <gratuitous promise>. Cf. ONEROUS (3). \n2. Done unnecessarily <gratuitous obscenities>. \ngratuity, n. \ngratuitous allowance. See ALLOWANCE (1). \ngratuitous assignee. See ASSIGNEE. \ngratuitous assignment. See ASSIGNMENT (2). \ngratuitous bailment. See BAILMENT. \ngratuitous consideration. See CONSIDERATION (1). \n\ngratuitous coutract. See CONTRACT. \ngratuitous deed. See deed ofgift under DEED. \ngratuitous deposit.!. See gratuitous bailment under \nBAILMENT. 2. See DEPOSIT (5). \ngratuitous gift. See GIFT. \ngratuitous promise. See PROMISE. \ngratuitous surety. See SURETY. \ngratuitous trust. See donative trust under TRUST. \ngratuity. See BOUNTY. \ngravameu (gr<l-vay-m;m). (17c) The substantial point Or \nessence of a claim, grievance, or complaint. \ngravatio (grd-vay-shee-oh). [Law Latin] Hist. An accusa\ntion or impeachment. \ngraveyard insurance. See wager policy under INSURAJS'CE \nPOLICY. \ngravity. (16c) Seriousness of harm, an offense, etc., as \njudged from an objective, legal standpoint. \ngraymail. (1978) A criminal defendant's threat to reveal \nclassified information during the trial in the hope of \nforcing the government to drop the criminal charge. \nCf. BLACKMAIL (1); GREENMAIL (1), (2); FEEMAIL. \ngray market. See MARKET. \ngray-market adoption. See private adoption under \nADOPTION. \ngray-market goods. See PARALLEL IMPORTS. \ngray mule case. See WHITEHORSE CASE. \nGreaser Law. Hist. Slang. An anti-vagrancy statute that \ngave law-enforcement authorities broad discretion to \narrest, fine, and jail people of Hispanic appearance \nwho had no visible means of support. _ 'Ibis statute \nwas enacted in California in 1855 and repealed in the \nmid-20th century. The term greaser is racially deroga\ntory, -Also termed Greaser Act. \ngreat bodily injury. See serious bodily injury under \nINJURY. \ngreat care. See CARE. \ngreat diligence. See DILIGENCE. \ngreat fee. See FEE (2). \nGreat Inquest. See grand inquest (2) under INQlJEST. \nGreat Lakes rule. Maritime law. The statutory provision \nthat an admiralty litigant is entitled to a jury trial in \na contract or tort action if the lawsuit arises from the \noperation ofa commercial vessel on the Great Lakes or \nthe naVigable waters connecting them. See 28 USCA  \n1873. [Cases: Admiralty (;::::>80.] \n\"The most important distinction between the law and admi \nralty 'sides' of federal court is that trial by jury is guaran\nteed for law claims through the Seventh Amendment, but \nwhere the case is maintained as an admiralty claim the \nlitigant has neither constitutional nor statutory right to a \njury trial. The one exception is the 'Creat Lakes Rule' ....\" \nFrank L Maraist & Thomas C. Calligan Jr., Admiralty in a \nNutshell 358 (4th ed. 2001). Great Law, The. Hist. The first code of laws enacted in \nPennsylvania . The Great Law was passed in 1682 by \nan assembly that had been called by William Penn. \ngreat pond. A body of water larger than ten acres, and \nthus subject to public ownership. _ This term applies \nin Maine, New Hampshire, and Massachusetts. -Also \ntermed public pond. [Cases: Waters and Water Courses \n(;::::> 113.] \nGreat Rolls ofthe Exchequer. See PIPE ROLLS. \ngreat seal. See SEAL. \nGreat Survey. See grand inquest (2) under INQUEST. \ngreat tithe. See TITHE. \nGreat Waters Program. A scheme created by Congress \nin 1990 to make the Environmental Protection Agency \nmore directly responsible for protecting large bodies \nof fresh water and coastal waters from environmental \nharm caused by air pollution. Clean Air Act Amend\nments of 1990,42 USCA  7412(m). \nGreat Writ. See HABEAS CORPUS. \ngree (gree), n. [Law French] (13c) Hist. A satisfaction \nreceived by a party for an offense or injury against the \nparty. See SATISFACTION (1). \n\"Cree comes of the French word gree, good liking: and it \nsignifies in our law, contentment or satisfaction; as in the \nstatute of 1 R. 2, c. 15, to make gree to the parties is to give \nthem contentment or satisfaction for an offence done unto \nthem.\" Termes de Ja Ley 247 (1 st Am. ed. 1812). \ngreenback, tl. (ca. 1862) Slang. A legal-tender note of \nthe United States; any note issued by a federal reserve \nbank. The term was coined in 1862 when the backs \nof American paper currency were first printed in green \nink. \ngreen card. (1969) A registration card evidencing a \nresident alien's status as a permanent U.S. resident. \ngreen-card marriage. See MARRIAGE (1). \nGreen Cloth. See BOARD OF GREEN CLOTH. \ngreenfield site. (ca. 1962) 1. Land that has never been \ndeveloped. Such land is presumably uncontami\nnated. Cf. BROWNFIELD SITE. 2. Property acquired as \nan investment, esp. for establishing a new business. \ngreen goods. Slang. Counterfeit money. \ngreenmail. (1983) 1. The act or practice of buying enough \nstock in a company to threaten a hostile takeover \nand then selling the stock back to the corporation at \nan inflated price. 2. The money paid for stock in the \ncorporation's buyback. Cf. BLACKMAIL (1); FEEMAIL; \nGRAYMAIL. 3. A shareholder's act offiling or threaten\ning to file a derivative action and then seeking a dis\nproportionate settlement. \nGreen Paper on Copyright and the Challenge ofTech\nnology. Copyright. A 1988 European Commission pub\nlication that laid out a plan to harmonize the copyright \nlaws ofmember nations, esp.laws relating to informa\ntion technology. -The Green Paper was tollowed by \na series ofdirectives that mandated uniform policies \n\n771 gross profit \nregarding copyright and new technologies. -Usu. \nshortened to Green Paper. \nGreen River ordinance. A local licensing law that \nprotects residents from unwanted peddlers and sales\npersons, typically by prohibiting door-to-door solicita\ntions without prior consent . The ordinance takes its \nname from Green River, Wyoming, which enacted the \nfirst such law in the early 20th century before others \ncame into vogue during the 19308 and 19405 through\nout the United States. [Cases: Hawkers and Peddlers \ngreen wax. (pl.) llist. An Exchequer order (an estreat) \ndirecting a sheriff to collect the fines and amercements \nlisted in the order. _ The name derives from the color \nofthe wax the Ex"}
{"text": "the fines and amercements \nlisted in the order. _ The name derives from the color \nofthe wax the Exchequer used on the estreat to certify \nits authenticity. See ESTREAT. \ngreffier (gref-ee-;lr or gref-yay), n. [Law French] (l6c) \nHist. A registrar, esp. of a court; the court record\nkeeper. \nGregorian calendar. See NEW STYLE. \nGregorian Code. See CODEX GREGORIAN US. \ngremio juris, in. See IN GREMIO JURIS. \ngremio legis, in. See IN GREMIO LEGIS. \nGrenville Act. Hist. A statute that transferred jurisdic\ntion over parliamentary election petitions from the \nwhole House of Commons to select committees. \nThe Act, sponsored by George Grenville, was passed \nin 1770. It was deSigned to depoliticize the resolution \nofdisputed elections, and repealed in 1828 when it was \nsuperseded by statutes that conferred jurisdiction over \nelection disputes on the courts. \nG reorganization. See REORGANIZATION (2). \nGresham's law. (l9c) The principle a debased currency \nwill drive out valuable currency . 'Ibis economic prin\nciple is popularly attributed to Sir Thomas Gresham \n(1519-] 579), even though earlier writers such as Oresme \nand Copernicus discussed it. \ngressume (gres-;lm). Hist. A fine paid by a copyhold \ntenant upon the transfer of a copyhold estate, esp. upon \nthe death ofthe lord. Also spelledgrasson;grassum; \ngrossome; gersum. \nGretna-Green marriage. See MARRIAGE (1). \ngreve. See REEVE. \ngrievance, n. (l4c) L An injury, injustice, or wrong that \ngives ground for a complaint <a petition for a redress \nofgrievances>. 2. The complaint itself <the client filed \na grievance with the state-bar committee>. 3. Labor \nlaw. A complaint that is filed by an employee or the \nemployee's union representative and that usu. concerns \nworking conditions, esp. an alleged violation of a col\nlective-bargaining agreement. See grievance arbitration \nunder ARBITRATION; GRIEVANCE PROCEDURE. [Cases: \nLabor and Employment C:;::1560.] \ngrievance arbitration. See ARBITRATION. \ngrievance procedure. Labor law. A process, consisting \nof several steps, for the resolution of an employee's complaint.  The first step usu. occurs at the shop level \nand is handled by a supervisor. If the grievance is not \nresolved at the first step, the grievance is appealed in \nsuccessive steps that vary among collective-bargaining \nagreements. The final step of the procedure is griev\nance arbitration. See grievance arbitration under ARBI\nTRATION; GRIEVANCE (3). [Cases: Labor Relations \n451.] \ngrievant, n. (1958) Labor law. An employee who files a \ngrievance and submits it to the grievance procedure \noutlined in a collective-bargaining agreement. \ngrieve, vb. To contest under a grievance procedure <the \nunion urged the employee to grieve the suspension>. \ngrievable, adj. \ngrievous bodily harm. See serious bodily injury under \nINJURY. \ngrift, vb. (1915) Slang. To obtain money or other property \nillicitly by adroit use of a scam, confidence game. or \nother fraudulent means. -grifter, n. \nGRIT. abbr. GRANTOR-RETAINED INCOME TRUST. \nGRM. abbr. GROSS-RENT MULTIPLIER. \ngrog-shop. See DRAM SHOP. \ngroin-grabbing. The act of fondling or touching a \nperson's genitals through the person's clothing, esp. in \na crowded space or while walking along a sidewalk in \nthe opposite direction from the person. -Also termed \ngroin-groping. \ngross, easement in. See easement in gross under EASE\nMENT. \ngross adventure. See ADVENTGRE. \ngross average. See general average under AVERAGE. \ngross charter. See CHARTER (8). \ngross damages. See DAMAGES. \ngross earnings. See gross income under INCOME. \ni \ngross estate. See ESTATE (3). . \ngross income. See INCOME. \ngross-income multiplier. See GROSS-RENT MULTIPLIER. \ngross-income tax. See TAX. \ngross interest. See INTEREST (3). \ngross lease. See LEASE. \ngrossly inadequate consideration. See CONSIDERATION \n(1). \ngross misdemeanor. See MISDEMEANOR. \ngross national product. (1947) The market value ofall \ngoods and services produced in a country within a year. \nused to measure a country's economic development and \nwealth. -Abbr. GNP. \ngross neglect ofduty. See DESERTION. \ngross negligence. See NEGI.IGENCE. \ngrossome. Hist. See GRESSUME. \ngross premium. See PREMIUM (1). \ngross profit. See PROFIT (1). \n\n772 gross receipts \ngross receipts. Tax. The total amount of money or \nother consideration received by a business taxpayer \nfor goods sold or services performed in a taxable year, \nbefore deductions.IRC (26 USCA)  448; 26 C.F.R.  \n1.448-lT (f)(2)(iv). \ngross-receipts tax. See TAX. \ngross-rent multiplier. The ratio between the market \nvalue of rent-producing property and its annual gross \nrental income . The gross-rent multiplier is used as a \nmethod to estimate a property's market value. -Abbr. \nGRM. -Also termed gross-income multiplier. \ngross sales. See SALE. \ngross spread. See SPREAD (4). \ngross up, vb. (1987) Slang. Tax. To add back to a dece\ndent's gross estate the gift taxes paid by the decedent \nor the decedent's estate on gifts made by the decedent \nor the decedent's spouse during the three-year period \npreceding the decedent's death. IRC (26 USCA)  2035. \n[Cases: Internal Revenue ~4l59(2).1 \ngross weight. See WEIGHT. \nground, n. (usu. pl.) (13c) Ihe reason or point that some\nthing (as a legal claim or argument) relies on for validity \n<grounds for divorce> <several grounds for appeal>. \nground, vb. (14c) 1. To provide a basis for (something, \nsuch as a legal claim or argument) <the decision was \ngrounded on public policy>. 2. To base (something, \nsuch as a legal principle or judicial decision) on <the \ncourt grounded the decision on common law> <strict \nliability is grounded on public policy>. \ngroundage (grown-dij), n. (15c) Hist. Maritime law. A \ntax or toll levied on a vessel lying in port; the tax or \ntoll so paid. \nground annual. l. See ground rent under RENT (1). 2. \nSee FEU DUTY. \nground landlord. Hist. The grantor of an estate on which \nground rent is reserved. See ground rent under RENT \n(1). \nground-law. A fundamental law. See FUNDAMENTAL \nLAW. \n\"~If the power of a sovereign or of a government is limited by \na ground-law, written or unwritten, a treaty cannot override \nthat constitution,\" Theodore D. Woolsey, Introduction to the \nStudyoflntemational Law 103, at 167 (5th ed. 1878). \nground lease. See LEASE. \ngroundless, adj. (17c) (Of a legal claim or argument) \nlacking a basis or a rationale <groundless cause of \naction>. See FRIVOLOUS. \nground ofaction. 1. CAUSE OF ACTION (1). 2. CAUSE OF \nACTION (2). \nground rent. See RENT (I). \nground-rent lease. See ground lease under LEASE. \ngroundwater. See WATER (1). \nground writ. See WRIT. \ngroup annuity. See ANNUITY. group art unit. Patents. A U.S. Patent and Trademark \nOffice division consisting ofpatent examiners who spe\ncialize in a particular invention's subject matter. [Cases: \nPatents ~104.] \ngroup boycott. See BOYCOTT. \ngroup director. Patents. The person responsible for \ndirecting the operations of an examining group within \nthe U.S. Patent and Trademark Office. \ngrouping-of-contacts theory. See CENTER-OF-GRAVITY \nDOCTRINE. \ngroup insurance. See INSURANCE. \ngroup libel. See LIBEL. \ngroup litigation. (1936) A set oflawsuits on behalfofor \nagainst numerous persons recognized as one litigating \nentity, such as a civil-rights group. \ngroup policy. See master policy under INSURANCE \nPOLICY. \ngrowing crops. See CROPS. \ngrowing-equity mortgage. See MORTGAGE. \ngrowth. The gain, increase, or expansion in value of \nsecurities or ofa business. \ngrowth company. See COMPANY. \ngrowth fund. See MUTUAL FUND. \ngrowth industry. (1954) An industry or business sector \nwhose revenues and earnings are rising at a faster rate \nthan average. \ngrowth management. (1974) Land-use planning. The \nregulation ofa community's rate of growth through \nzoning ordinances, impact fees, and other measures. \nSee ZONING. [Cases: Zoning and Planning C::::> 1, 86, \n245.] \ngrowth stock. See STOCK. \ngruarii (groo-air-ee-I), n. pl. Hist. The principal officers \nofa forest.  These officers were charged with guarding \nand enforcing restrictions on the use of timber. See \nFOREST. \ngrubstake contract. See CONTRACT. \ngrubstaking contract. See grubstake contract under \nCONTRACT. \ngrundnorm. See basic norm under NORM. \nGrundy Tariff. See SMOOT-HAWLEY TARIFF ACT. \nGRUT. abbr. GRANTOR-RETAINED UNITRUST. \nGSA. abbr. GENERAL SERVICES ADMINISTRATION. \nGST supertrust. See dynasty trust under TRUST. \nguarantee (gar-an-tee), n. (17c) 1. The assurance that \na contract or legal act will be duly carried out. 2. \nGUARANTY (1). \n\"In practice, guarantee, n., is the usual term, seen often, \nfor example, in the context of consumer warranties or \nother assurances of quality or performance. Guaranty, in \ncontrast, is now used primarily in financial and banking \ncontexts in the sense \"a promise to answer for the debt of \nanother.\" Guaranty is now rarely seen in nonlegal writing, \nwhether in G.B. or in the u.s: Bryan A. Garner, A Dictionary \nof Modern Legal Usage 394 (2d ed. 1995). \n\n773 \n3. Something given or existing as security, such as to \nfulfill a future engagement or a condition subsequent. \n[Cases: Guaranty C=> 1.]4. One to whom a guaranty \nis made. -Also spelled guaranty. [Cases: Guaranty \nC=>3S.] \nguarantee, vb. (1Sc) 1. To assume a suretyship obliga\ntion; to agree to answer for a debt or default. [Cases: \nGuaranty C=>1.] 2. To promise that a contract or legal \nact will be duly carried out. [Cases: Guaranty C=>11.] \n3. To security to. \nguarantee clause. (IS87) 1. A provision in a contract, \ndeed, or mortgage by which one person promises to \npay the obligation of another. [Cases: Guaranty \n33, 36.] 2. (cap.) U.S. Const. art. IV,  4, under which \nthe federal government ensures for the states both a \nrepublican form ofgovernment and protection from \ninvasion or internal insurrection. -The U.S. Supreme \nCourt has consistently treated claims under the Guar\nantee Clause as nonj~sticiable political questions. See \nPacific States Tel. & Tel. Co. v. Oregon, 223 U.S. 11S, 82 \nS.Ct. 224 (1912). \nguaranteed annual wage plan. Labor law. A wage-pay\nment method in which the employer agrees either to pay \nemployees a predetermined minimum sum each year \nor to provide a minimum number ofhours ofemploy\nment each year. - A wide variety ofguaranteed annual \nwage plans are used. For example, an employer may \nagree to pay employees wages for each week in the year, \neven though work may not be available at certain times \nof the year. The purpose of such a plan is to provide a \nstable labor force year-round. \nguaranteed bond. See BOND (3). \nguaranteed investment contract. See INVESTMENT CON\nTRACT. \nguaranteed-purchase contract. See guaranteed-sale \ncontract under CONTRACT. \nguaranteed-sale contract. See CONTRACT. \nguaranteed stock. See STOCK. \nguarantee oftitle. Property. A warranty that the title \nto a piece of real property is vested in a particular \nperson, given by a title company or abstract company, \nand based on a title searcher's opinion ofthe status of \nthe property's title. The guarantee is usu. backed by \ninsurance to cover damages resulting from the title \nsearcher's oversight or negligence in finding recorded \nlegal instruments. Cf. title insurance under INSURANCE. \n[Cases: Abstracts ofTitle 1; Covenants \nguarantee stock. See STOCK. \nguarantee treaty. See TREATY (1). \nguarantor. (19c) One who makes a guaranty or gives \nsecurity for a debt. _ While a surety's liability begins \nwith that of the principal, a guarantor's liability does \nnot begin until the principal debtor is in default. Cf. \nSURETY ("}
{"text": "a guarantor's liability does \nnot begin until the principal debtor is in default. Cf. \nSURETY (1). [Cases: Guaranty ~~29, 33,44.] \n\"A guarantor either guarantees payment or collection, \ndepending on the words used. 'Payment guaranteed' or \nequivalent words added to a signature mean the signer guaranty \nwill pay the instrument if it is not paid when due without a \nneed for the holder to resort to another party. 'Collection \nguaranteed' means resort must first be had to others.\" Fred \nH. Miller & Alvin C. Harrell, The Law of Modem Payment \nSystems  5.02, at 195 (2003). \nguarantor ofcollectibility. (1881) One who guarantees \na debtor's solvency and is under a duty to pay only if \nthe creditor is unable to collect from the principal \ndebtor after exhausting all legal remedies, including \ndemand, suit, judgment, and any supplementary pro\nceedings. [Cases: Guaranty C=>33, 45, 77(2).] \nguarantor of payment. (1814) One who guaran\ntees payment of a negotiable instrument when it is \ndue without the holder first seeking payment from \nanother party. _ A guarantor of payment is liable \nonly if \"payment guaranteed\" or equivalent words \nare added to the guarantor's indorsement. [Cases: \nGuaranty 45, 77.] \nguarantor trust. See TRUST. \nguaranty (gar-dn-tee), n. (16c) 1. A promise to answer \nfor the payment of some debt, or the performance of \nsome duty, in case ofthe failure ofanother who is liable \nin the first instance. _ The term is most common in \nfinance and banking contexts. While a warranty relates \nto things (not persons), is not collateral, and need not \nbe in writing, a guaranty is an undertaking that a \nperson will payor do some act, is collateral to the duty \nofthe primary obligor, and must be in writing. On the \nspelling ofguaranty vs. guarantee, see the quotation \nat GUARANTEE (2). Also termed guaranty contract. \n[Cases: Guaranty <::=:> 1.] \n\"Both guaranty and warranty are undertakings by one \nparty to another to indemnify the party assured against \nsome possible default or defect. But a guaranty relates to \nthe future, as a collateral promise designed to protect the \npromisee from loss in case another fails to perform his \nduty. A warranty relates to the present or past, and is an \nindependent promise designed to protect the promisee \nfrom loss in the event that the facts warranted are not as \nthe promisor states them to be when the contract is made. \nA warranty is broken as soon as it is made if the facts \nare not as represented, and is enforceable though oral; \nwhereas a guaranty is not breached until a future default \noccurs, and is unenforceable unless in writing.\" Laurence P. \nSimpson, Handbook on the Law ofSuretyship 23 (1950). \n\"A transaction of guaranty involves at least three parties: \na promisor, a creditor (the person to whom the promise is \nmade), and a debtor although at the time the promise \nis made, the person denominated the 'creditor' need not \nhave extended the credit to the person denominated as \nthe 'debtor.' The usual guaranty situation arises when the \npromisor makes a promise to the creditor either as to the \nsolvency of the debtor or as to the payment of the debt.\" \n38 Am. Jur. 2d Guaranty  1, at 996 (1968). \nabsolute guaranty. (lSc) 1. An unqualified promise that \nthe principal will payor perform. [Cases: Guaranty \nC=>42(l).] 2. A guarantor's contractual promise to \nperform some act for the creditor -such as paying \nmoney or delivering property if the principal \ndebtor defaults. \nconditional guaranty. (1813) A guaranty that requires \nthe performance of some condition by the creditor \n\n774 guaranty bond \nbefore the guarantor will become liable. [Cases: \nGuaranty (;::::>42.] \ncontingent guaranty. (1843) A guaranty in which the \nguarantor will not be liable unless a specified event \noccurs. \ncontinuing guaranty. (1817) A guaranty that governs a \ncourse of dealing for an indefinite time or by a succes\nsion ofcredits. - Also termed open guaranty. [Cases: \nGuaranty \ncross-stream guaranty. A guaranty made by a company \nfor the obligation of another company when both are \nowned by the same parent company or individual. \ndownstream guaranty. 1. A parent corporation's \nguaranty ofa subsidiary's obligations. 2. A guaranty \nmade for a company by a guarantor who is also a \npartner, member, or stockholder of the company. \ngeneral guaranty. (l7c) 1. A guaranty addressed to \nno specific person, so that anyone who acts on it can \nenforce it. 2. A guaranty for the principal's default \non obligations that the principal undertakes with \nanyone. \ngood-guy guaranty. A limited guaranty by a third-per\nson that leased property or collateral will be kept in \ngood condition and returned to the lessor or lender \nif a default occurs. -Good-guy guaranties are most \ncommonly associated with real-property leases. \nAlso written good-guy guarantee. -Also termed \ngood-guy clause. [Cases: Guaranty C':::>36(8).] \nguaranty ofcollection. (1843) A guaranty that is con\nditioned on the creditor's having first exhausted legal \nremedies against the principal debtor before suing \nthe guarantor. See guarantor ofcollectibility under \nGUARANTOR. \nguaranty ofpayment. (1811) A guaranty that is not con\nditioned on the creditor's exhausting legal remedies \nagainst the principal debtor before suing the guaran\ntor. See guarantor ofpayment under GUARANTOR. \nirrevocable guaranty (i-rev-;}-k\"-b,,l). (1898) A \nguaranty that cannot be terminated unless the other \nparties consent. [Cases: Guaranty (;::::>24.] \nlimited guaranty. (1831) An agreement to answer \nfor a debt arising from a Single transaction. -Also \ntermed noncontinuing guaranty. [Cases: Guaranty \n(;:~38(1).] \nopen guaranty. See continuing guaranty \nrevocable guaranty. (1936) A guaranty that the guaran\ntor may terminate without any other party's consent. \n[Cases: Guaranty \nspecial guaranty. (18c) 1. A guaranty addressed to a \nparticular person or group of persons, who are the \nonly ones who can enforce it. [Cases: Guaranty \n29, 32.] 2. A guaranty that names a definite person as \nobligee and that can be accepted only by the person \nnamed. \nspecific guaranty. (l8c) A guaranty ofa single debt or \nobligation. upstream guaranty. A guaranty made by a corporate \nsubsidiary for the parent corporation's obligations. \n2. GUARANTEE (1). \nguaranty bond. See BOND (2). \nguaranty company. See surety company under \nCOMPANY. \nguaranty contract. See GUARANTY (1). \nguaranty fund. See FUND (1). \nguaranty insurance. See INSURANCE. \nguaranty letter of credit. See standby letter ofcredit \nunder LETTER OF CREDIT. \nguaranty stock. See STOCK. \nguaranty treaty. See guarantee treaty under TREATY \n(] ). \nguard. See DOORKEEPER. \nguardage. Hist. 1. WARDSHIP. 2. GUARDIANSHIP. \nguardhouse lawyer. See JAILHOUSE LAWYER. \nguardian, n. (15c) 1. One who has the authority \nand duty to care for another's person or property, esp. \nbecause ofthe other's infancy, incapacity, or disability. \n_ A guardian may be appointed either for all purposes \nor for a specific purpose. -Abbr. gdn. -Also termed \ncustodian. See CONSERVATOR. Cf. WARD (1). [Cases: \nGuardian and Ward 1; Mental Health C-;) 101.] \nchancery guardian (chan-s\"r-ee). A guardian \nappointed by a court ofchancery to manage both the \nperson and the estate of the ward. [Cases: Guardian \nand Ward (;::::>10, 17,36.] \ndomestic guardian. A guardian appointed in the state \nin which the ward is domiciled. \nforeign guardian. A guardian appointed by a court \nin a state other than the one in which the ward is \ndomiciled. _ A foreign guardian cares for the ward's \nproperty that is located in the state of appointment. \n[Cases: Guardian and Ward 166; Mental Health \n(;::='194.] \ngeneral guardian. A guardian who has general care \nand control of the ward's person and estate. [Cases: \nGuardian and Ward (;::::>29,36; Mental Health \n484.] \nguardian ad litem (ad h-tem or -t\"m). (18c) A guardian, \nusu. a lawyer, appOinted by the court to appear in a \nlawsuit on behalf of an incompetent or minor party. \nAbbr. GAL Also termed special advocate; special \nguardian; law guardian. Cf. NEXT FRIEND; attorney \nad litem under ATTORNEY. [Cases: Infants (;::::>76,205; \nMental Health \nH[llt is necessary to determine whether the lawyer has \nbeen appointed as a guardian ad litem (GAL) charged with \nrepresenting the child's best interests, or as an advocate, \nserving as counsel to the child .... From the distinction \nbetween guardian and advocate flow a series of impor\ntant consequences, including such matters as whether the \nattorney may file motions and examine witnesses, whether \nthe attorney may file a report with the court. and whether \nthe attorney may testify. Moreover, in most jurisdictions a \nGAL has an absolute quasijudicial immunity for lawsuits \n\n775 guardian of the poor \nfor negligence .... Although a non-lawyer cannot serve \nas counsel to the child, such an individual might be a GAL \nor 'special advocate' in some states. Courts have struggled \nto clarify these roles, and define how children's representa \ntives may participate in different types of proceedings.\" \nHomer H. ClarkJr. & Ann Laquer Estin, Domestic Relations: \nCases ana Problems 1078 (6th ed. 2000). \nguardian by custom. Hist. A person who, under local \ncustom, had the right to act as a minor's guardian. \nguardian by election. A guardian chosen by a ward who \nwould otherwise be without one. [Cases: Guardian \nand Ward C=> 19.] \nguardian by estoppel. See quasi-guardian. \nguardian by nature. Hist. The parental guardian ofan \nheir apparent who has not yet reached the age of21.  \nAlthough the common law recognized the father as a \nguardian by nature and the mother as one only after \nthe father's death, most states have given both parents \nequal rights ofguardianship over their children (see, \ne.g., N.Y. Dom. ReI. Law  81). -Also termed natural \nguardian. [Cases: Guardian and Ward C=>4.] \nguardian by nurture. Hist. The parental guardian ofa \nchild who is not the heir apparent, lasting until the \nchild reaches the age of 14. Also termed guardian \nfor nurture. \n\"There are also guardians for nurture, which are, of \ncourse, the father or mother, till the infant attains the age \nof fourteen years and, in default of father or mother, the \nordinary usually assigns some discreet persons to take \ncare ofthe infant's personal estate, and to provide for his \nmaintenance and education.\" 1 William Blackstone, Com \nmentaries on the Laws ofEngland 449 (1765). \nguardian by statute. See statutory guardian. \nguardian de son tort (d;:) sawn [or son] tor[t]). See \nquasi-guardian. \nguardian for nurture. See guardian by nurture. \nguardian in chivalry. Hist. A guardian who, by virtue \nofknight's service, had custody ofthe body and lands \nof a male heir under 21 or a female heir under 14. \n This type of guardian had no accountability for \nprofits. \nguardian in socage. New York law. A guardian for a \nchild who has acquired lands by descent . A guardian \nis usu. a relative who could not possibly inherit from \nthe child. This type of guardianship applies to both \nthe person and the property of the child and, histori\ncally, lasted only until the child was 14, when the child \nwas allowed to select a guardian; now it lasts until the \nchild reaches age 18 or is emancipated. \nguardian ofproperty. See guardian ofthe estate. \nguardian ofthe estate. A guardian responsible for \ntaking care of the property of someone who is inca\npable of caring for his or her own property because \nof infancy, incapacity, or disability. -Also termed \nguardian ofproperty. [Cases: Guardian and Ward \n1,36; Mental Health (;:.=>211, 216.] \nguardian ofthe person. A guardian responsible for \ntaking care of someone who is incapable of caring \nfor himself or herself because of infancy, incapacity, or disability. [Cases: Guardian and Ward 29; \nMental Health C=>1Ol.] \nlaw guardian. See guardian ad litem. \nnatural guardian. 1. Hist. The eldest son's father, until \nthe son turned 21. 2. In the absence of statute, the \nfather of a legitimate child until the child reaches the \nage"}
{"text": "turned 21. 2. In the absence of statute, the \nfather of a legitimate child until the child reaches the \nage of 21.  A father of illegitimate children may be \nappointed as their guardian upon the mother's death. \n3. Most commonly and by statute, either the father \nor the mother of a minor child -each bearing the \ntitle Simultaneously . Ifone parent dies, the other is \nthe natural guardian. See guardian by nature. [Cases: \nGuardian and Ward ~4.] \npartial guardian. A guardian whose rights, duties, \nand powers are strictly limited to those specified in \na court order. \nquasi-guardian. A guardian who assumes that role \nwithout any authority. -Such a person may be made \nto account as guardian. Also termed guardian by \nestoppel; guardian de son tort. [Cases: Guardian and \nWardC=>7.] \nspecial guardian. (17c) 1. A guardian who has special \nor limited powers over the ward's person or estate. \n-Examples are guardians who have custody of the \nestate but not of the person, those who have custody \nof the person but not of the estate, and guardians ad \nlitem. Also termed (in civil law) curator ad hoc. See \nCURATOR (2). 2. See guardian ad litem. [Cases: Mental \nHealth C=>495.] \nstandby guardian. A parent-designated guardian who \nis appointed to assume responsibility for a child at a \nfuture date ifthe child's parent becomes incapable of \ncaring for the child but who does not divest the parent \nof custodial rights. -Several states have enacted \nstatutes providing for a standby guardian in the case \nof a terminally ill single parent. A standby guardian \nassumes responsibility for a child during periods of \nthe parent's incapacity and upon the parent's death . \n[Cases: Guardian and Ward (;:::) 10.] \nstatutory guardian. A guardian appointed by a court \nhaVing special statutory Jurisdiction. -Also termed \nguardian by statute. \nsuccessor guardian. An alternate guardian named in \na parent's will against the possibility that the first \nnominee cannot or will not serve as guardian. [Cases: \nGuardian and Ward C=>27; Mental Health (~178.1 \ntestamentary guardian. A guardian nominated by a \nparent's will for the person and property of a child \nuntil the child reaches the age of majority. \n2. Hist. A mesne lord who was entitled to treat an \ninfant heir's lands for all practical purposes as the lord's \nown, enjoying fully their use and whatever profits they \nyielded. At the end of the guardianship, when the \nheir reached majority, no accounting was owed by the \nmesne lord. \nguardian of the poor. Hist. A person in charge of the \ni relief and maintenance of the poor in a parish. \n\n776 guardian of the spiritualities \nGuardians ofthe poor administered poor-relief funds \nraised under the Poor Relief Act of1601. -The function \nis now performed by local authorities. \nguardian ofthe spiritualities. Eccles. law. A person who \nexercises the spiritual and ecclesiastical jurisdiction of \na diocese during a vacancy in the see or the absence of \nthe bishop. \nguardian ofthe temporalities. Eccles. law. The person to \nwhom custody of the secular possessions of a vacant see \nor abbey is committed by the Crown. -Temporalities \n(secular possessions) are the land, revenue, and tene\nments that archbishops and bishops have had annexed \nto their sees. \nguardianship. OSc) 1. The fiduciary relationship between \na guardian and a ward or other incapacitated person, \nwhereby the guardian assumes the power to make deci\nsions about the ward's person or property. - A guard\nianship is almost always an involuntary procedure \nimposed by the state on the ward. Cf. CONSERVATOR\nSHIP; INTERDICTION. [Cases: Guardian and Ward 1; \nMental Health ~101.] 2. The duties and responsibili\nties of a guardian. Also termed GUARDAGE. \nancillary guardianship. A subservient and subsid\niary guardianship in a state other than that in which \nguardianship is originally granted. [Cases: Guardian \nand Ward ~166-172; Mental Health \nguardianship ofthe estate. A guardianship in which \nthe guardian can make decisions only about matters \nregarding the ward's assets and property. [Cases: \nGuardian and Ward (,'::::'033; Mental Health (::::::;>211.] \nguardianship ofthe person. A guardianship in which \nthe guardian is authorized to make all significant \ndecisions affecting the ward's well-being, includ\ning the ward's physical custody, education, health, \nactivities, personal relationships, and general welfare. \n[Cases: Guardian and Ward ~29; Mental Health \n(;:: 101.] \nplenary guardianship. A guardianship in which the \nguardian can make decisions about both the ward's \nestate and the ward's person. [Cases: Mental Health \n101.] \nstandby guardianship. A guardianship in which a \nparent deSignates a guardian to assume responsibil\nity for a child at a future date, if the child's parent \nbecomes incapable of caring for the child, but without \ndivesting the parent ofcustodial rights. \ngubernator navis (g[yJoo-bdr-nay-tdf nay-vis). [Latin \n\"ship helmsman\"] Roman law. The pilot or steersman \nof a ship. -The gubernator navis could be sued for \ndamages ifhe negligently caused a collision. \nguerrilla warfare. See WARFARE. \nguest. (Be) 1. A person who is entertained or to whom \nhospitality is extended. 2. A person who pays for \nservices at an establishment, esp. a hotel or restaurant. \n[Cases: Innkeepers 3. A nonpaying passenger in \na motor vehicle. [Cases: Automobiles (;:::c 181(2).] business guest. (1942) Torts. See BUSINESS VISITOR \n(1). \nsocial guest. Torts. A guest who is invited to enter or \nremain on another person's property primarily for \nprivate entertainment as opposed to entertainment \nopen to the general public. See LICENSEE (2). [Cases: \nNegligence (::::::;> 1041.J \nguest statute. (1914) A law that bars a nonpaying pas\nsenger in a noncommercial vehicle from suing the \nhost-driver for damages resulting from the driver's \nordinary negligence. -Though once common, guest \nstatutes remain in force in only a few states. Also \ntermed automobile-guest statute. Cf. FAMILY-PURPOSE \nRULE. [Cases: Automobiles C--= 181.] \nguidage. Hist. 1. A toll or fee for guiding a traveler \nthrough strange or dangerous territory. 2. The act of \nguiding a traveler through strange or dangerous ter\nritory. \nguild. (I4c) 1. A group of persons sharing a common \nvocation who unite to regulate the affairs of their \ntrade in order to protect and promote their common \nvocation; a voluntary society or fraternity of \npersons employed in the same trade or craft, formed \nfor the mutual benefit and protection of its members, \nwho pay a fee (a geld orgild) for its general expenses. \nAlso termed (in senses 1 and 2) trade guild. 2. Hist. A \ncompany or corporation. \nguildhall. (l4c) Hist. 1. The meeting place ofa guild. \nAlso spelled gildhall. 2. The chief hall of a city, used \nfor holding court and the meetings of the municipal \ncorporation. \nguild rent. See RENT (1). \nguilt, n. (bef. 12c) The fact or state ofhaving committed \na wrong, esp. a crime <the state's burden was to prove \nguilt beyond a reasonable doubt>. Cf. INNOCENCE. \nguiltless, adj. (14c) 1. Free from guilt; not haVing com\nmitted a wrong <guiltless ofthe crime>. 2. Having the \nquality or appearance of innocence <even though she \nconfessed, the defendant looked guiltless>. \nguilt phase. (1960) 'The part of a criminal trial during \nwhich the fact-finder determines whether the defen\ndant committed a crime. Cf. PENALTY PHASE. \nguilty, adj. (bef. 12c) 1. Having committed a crime; \nresponsible for a crime <guilty of armed robbery>. \n[Cases: Criminal Law (;:::~)273.1 2. Responsible for a civil \nwrong, such as a tort or breach ofcontract <guilty of \nfraudulent misrepresentation>. -guiltily, adv. \nguilty, n. 1. A plea ofa criminal defendant who does not \ncontest the charges. 2. A jury verdict convicting the \ndefendant of the crime charged. \nguilty but mentally ill. (1977) A form of verdict in a \ncriminal case whereby the jury rejects the defendant's \ninsanity defense but still recommends psychiatric treat\nment because the detendant is mentally ilL Abbr. \nGBMI; GMI. -Also termed guilty but insane; guilty \nofthe act, but so insane as not to be responsible. See \nINSANITY DEFENSE. [Cases: Criminal Law ~286.l0.] \n\n777 \nguilty mind. See MENS REA. \nguilty plea. See PLEA (1). \nguilty verdict. See VERDICT. \ngun-control law. (1968) A statute or ordinance that \nregulates the sale, possession, or use of firearms. \nGun-control laws vary widely among the states, and \nmany cities have gun-control ordinances. Federal law \nrestricts and regulates the illegal sale, possession, and \nuse of firearms. 18 USCA  921-930. See BRADY ACT. \n[Cases: Weapons \nGun-Free Schools Act. A federal law designed to \neliminate weapons in schools. 20 USCA  7151.  \nThe Gun-Free Schools Act provides that each state \nreceiving federal funds for elementary and secondary \nschools must require school districts to expel for one \nyear any student found to have brought a weapon to \nschool. The Act does, however, provide for a case-bygyve \ncase modification ofthe expulsion requirement. [Cases: \nSchools Y 177.] \ngun-jumping. Slang. The act of unlawfully soliciting the \npublic's purchase ofsecurities before the SEC approves \na registration statement; the making of offers after the \nfiling ofa registration statement, but before its effective \ndate, when such offers violate the Securities Act. Also \ntermed conditioning the market. See REGISTRATION \nSTATEMENT. \ngwalstow (gwawl-stoh). [fro Old English gwal \"gallows\" \n+ stow \"place\"] Hist. A place where criminals were \nexecuted. \ngynecocracy (gr-m-kok-rd-see also jin-d or jI-nd-). (17c) \nGovernment by a woman or by women. -Also spelled \ngynaecocracy. \ngyve (jIV). (I4c) (usu. pl.) Hist. A shackle for the leg. \n\nH \nH. abbr. 1. HOUSE OF REPRESENTATIVES. 2. House report. \n3. See house bill under BILL (3). 4. In the citation of \nEnglish statutes, a king named Henry. 5. In the Year \nBooks, the Hilary term. See YEAR BOOKS (3); HILARY \nSITTINGS. 6. In tax assessments and other such official \nreports, a house. \nhabe (hay-bee). [Law Latin] A form of the salutatory \nexpression ave (\"hail\"). -Also termed have (hay\nvee). \nhabeas corpora juratorum (hay-bee-;}s kor-p;}r-;} juur\n;}-tor-am). [Law Latin \"that you have the bodies of the \njurors\"] Hist. A writ commanding the sheriff to bring \nin jurors and, if necessary, to take their lands and goods \nas security to ensure their attendance in court for a trial \nsetting. -This writ issued from the Court ofCommon \nPleas and served the same purpose as a distringas jura\ntores in the King's Bench. The writ was abolished in \nl852. \nhabeas corpus (hay-bee-as kor-p;}s). [Law Latin \"that \nyou have the body\"] (I8c) A writ employed to bring a \nperson before a court, most frequently to ensure that \nthe person's imprisonment or detention is not illegal \n(habeas corpus ad subjiciendum) .  In addition to being \nused to test the legality of an arrest or commitment, \nthe writ may be used to obtain judicial review of (1) \nthe regularity of the extradition process, (2) the right \nto or amount of bail, or (3) the jurisdiction of a court \nthat has imposed a criminal sentence. -Abbr. H.C. \nSometimes shortened to habeas. -Also termed writ \nofhabeas corpus; Great Writ. [Cases: Habeas Corpus \n(:=>201.] \n''The writ of habeas corpus, by which the legal author\nity under which a person may be detained can be chal\nlenged, is of immemorial antiquity. After a checkered \ncareer in which it was involved in the struggles between \nthe common-law courts and the Courts of Chancery and \nthe Star Chamber, as well as in the conflicts between Parlia \nment and the crown. the protection of the writ was firmly \nwritten into English law by the Habeas Corpus Act of 1679. \nToday it is said to be 'perhaps the most important writ \nknown to the constitutional law of England ....'\" Charles \nAlan Wright, The Law of Federal Courts  53, at 350 (5th \ned. 1994) (quoting Secretary of State for Home Affairs v. \nO'Brien, [1923] A.C. 603, 609). \nhabeas corpus ad deliberandum et recipiendum (hay\nbee-as kor-p;}s ad di-lib-;}-ran-dam et ri-sip-ee-en\ndam). [Law Latin \"that you have the body to consider \nand receive\"] Hist. A writ used to remove a person for \ntrial from one county to the"}
{"text": "\"that you have the body to consider \nand receive\"] Hist. A writ used to remove a person for \ntrial from one county to the county where the person \nallegedly committed the offense. Cf. EXTRADITION. \nhabeas corpus adfaciendum et recipiendum (hay\nbee-as kor-p;}s ad fay-shee-en-dam et ri-sip-ee-en\nddm). [Law Latin \"that you have the body to do and \nreceive\"] Hist. A writ used in civil cases to remove \nthe case, and also the body of the defendant, from an inferior court to a superior court. Also termed \nhabeas corpus cum causa. See CERTIORARI. \nhabeas corpus adprosequendum (hay-bee-;)s kor-pas \nad prahs-a-kwen-d;}m). [Law Latin \"that you have the \nbody to prosecute\"]. A writ used in criminal cases to \nbring before a court a prisoner to be tried on charges \nother than those for which the prisoner is currently \nbeing confined. [Cases: Criminal Law \nhabeas corpus ad respondendum (hay-bee-ds kor-PdS \nad ree-spon-den-d;}m). [Law Latin \"that you have the \nbody to respond\"] Hist. A writ used in civil cases to \nremove a person from one court's custody into that \nof another court, in which the person may then be \nsued. \nhabeas corpus ad satisfaciendum (hay-bee-;}s kor-pds \nad sat-is-fay-shee-en-d~m). [Law Latin \"that you have \nthe body to make amends\"] In England, a writ used to \nbring a prisoner against whom a judgment has been \nentered to some superior court so that the plaintiff \ncan proceed to execute that judgment. \nhabeas corpus ad subjiciendum (hay-bee-as kor-pds \nad sab-jis-ee-en-d;}m). [Law Latin \"that you have \nthe body to submit to\"] A writ directed to someone \ndetaining another person and commanding that the \ndetainee be brought to court. -Usu. shortened to \nhabeas corpus. [Cases; Habeas Corpus \nhabeas corpus ad testificandum (hay-bee-;}s kor-pds \nad tes-ti-fi-kan-dam). [Law Latin \"that you have \nthe body to testify\"] Hist. A writ used in civil and \ncriminal cases to bring a prisoner to court to testify. \n[Cases: Witnesses C\"::'18.J \nhabeas corpus cum causa. See habeas corpus ad facien\ndum et recipiendum. \nHabeas Corpus Act. 1. One ofthe four great charters of \nEnglish liberty (31 Car. 2, 1679), securing to English \nsubjects speedy relief from all unlawful imprison\nments . The other three great charters are Magna \nCarta, the Petition of Right (3 Car. 1, 1628), and the \nBill of Rights (1 Wm. & M. 1689). The Habeas Corpus \nAct does not apply in Scotland; the corresponding \nstatute is the Criminal Procedure Act of 1701, ch. 6. 2. \nA statute deriving ultimately from the English statute \nand enacted in the United States as a constitutional \nguarantee of personal liberty. [Cases: Habeas Corpus \n(:=>201-9l3.] \nhabendum clause (ha-ben-dam). (1829) 1. 1he part of \nan instrument, such as a deed or will, that defines the \nextent of the interest being granted and any condi\ntions affecting the grant.  The introductory words to \nthe clause are ordinarily to have and to hold. Also \ntermed to-have-and-to-hold clause. [Cases: Deeds \n120.] 2. Oil & gas. The provision in an oil-and-gas lease \n\n779 \ndefining how long the interest granted to the lessee will \nextend. Modern oil-and-gas leases typically provide \nfor a primary term a fixed number of years during \nwhich the lessee has no obligation to develop the \npremises -and a secondary term (for \"so long there\nafter as oil and gas produced\") once development takes \nplace. Most jurisdictions require production ofpaying \nquantities to keep the lease in effect. -Often short\nened to habendum. Also termed term clause. [Cases: \nMines and Minerals \n''This part of the deed was originally used to determine the \ninterest granted, or to lessen, enlarge, explain or qualify \nthe premises. But it cannot perform the office of divesting \nthe estate already vested by the deed; for it is void if it be \nrepugnant to the estate granted. It has degenerated into \na mere useless form; and the premises now contain the \nspecification of the estate granted, and the deed becomes \neffectual without any habendum. If, however, the premises \nshould be merely descriptive, and no estate mentioned, \nthen the habendum becomes efficient to declare the \nintention; and it w',11 rebut any implication arising from \nthe silence of the premises.\" 4 James Kent, Commentaries \non American Law *468 (George Comstock ed., 11th ed. \n1866), \nhabendum et tenendum (ha-ben-d;)m et t<l-nen-dam). \n[Law Latin] Hist. To have and to hold . This formal \nphrase appeared in land deeds and defined the estate \nor interest being transferred. See HABENDUM CLAUSE; \nTENENDlJM; TO HAVE AND TO HOLD. \nhabentes homines (ha-ben-teez hom-a-neez), n. [Law \nLatin \"men who have\"] Hist. Rich men. Also termed \nfoesting-men. \nhabere (ha-beer-ee), vb. [Latin \"to have\"] Roman law. To \nhave (the right to) something . This term was some\ntimes distinguished from tenere (to hold) and possidere \n(to possess), with habere referring to the right, tenere to \nthe fact, and possidere to both. \n'''Habere' has two meanings; for we say that the owner of \na thing 'has' it and also that a nonowner who holds the \nthing 'has' it. Lastly, we use the wore;! in relation to property \ndeposited with us.\" Digest ofJustinian 45.1.38.9 (Ulpian, \nAd Sabinum 49). \nhabere facias possessionem (ha-beer-ee fay-shee-as \npa-zes[h]-ee-oh-nam), n. [Law Latin \"that you cause to \nhave possession\"] Hist. A writ giving a successful eject\nment-action plaintiff the possession of the recovered \nland. Ifthe sheriff delivered more than the person \nwas entitled to, a writ of rehabere facias seisinam could \ncompel the sheriff to return the excess. Often short\nened to habere facias or hab. fa. \nhabere facias seisinam (ha-beer-ee fay-shee-as see-zi\nnam), n. [Law Latin \"that you cause to have seisin\"] Hist. \nA writ of execution commanding the sheriff to give \nthe applicant seisin of the recovered land . 1hi8 writ \nwas the proper process for giving seisin of a freehold, \nas distinguished from giving only a chattel interest in \nland. See SEISIN. \nhabere facias visum (ha-beer-ee fay-shee-<ls VI-S;)m or \n-zam), n. [Law Latin \"that you cause to have a view\"] \nHist. A writ allowing a litigant to inspect the lands in \ncontroversy. habitual residence \nhabere licere (ha-beer-ee li-seer-ee), vb. [Latin \"to allow \nto have\"] Roman law. To stipulate to a purchaser's right \nto possess and enjoy property undisturbed . The term \ndenoted a seller's duty to indemnify the purchaser if \nthe purchaser was evicted. An evicted purchaser could \nraise an action on the stipulation or, under Justinian, \nan actio ex empto against the seller. \nhab.fa. abbr. HABERE FACIAS POSSESSIONEM. \nhabili et competente forma (hab-a-lI et kom-pa-ten-tee \nfor-rna). [Latin) Hist. In a fit and competent manner. \nhabili modo (hab-a-h moh-doh). [Latin] Hist. In a fit \nmanner; sufficiently. \nhabilis causa transferendi dominii (hab-a-lis kaw-za \ntrans-fa-ren-dr da-min-ee-I). [Law Latin] Hist. An \nadequate title for transferring the property. The \nphrase appeared in reference to the grantor's power \nand intention to convey the property; the title had to \nbe sufficient to support the conveyance ofproperty. \nAlso spelled habilis causa transferrendi dominii. \nhabitability. (1890) The condition of a building in \nwhich inhabitants can live free of serious defects that \nmight harm health and safety <lack of running water \nadversely affects the apartment's habitability>. \nhabitability, implied warranty of. See implied warranty \nofhabitability under WARRANTY (2). \nhabitancy (hab-a-tan-see). (18c) 1. DOMICILE (1).2. RESI\nDENCE. \nhabit and repute. [fr. Latin habitus et reputatus \"held and \nreputed\"] Scots law. A person's reputation . Marriage \ncould formerly be constituted ifone was generally held \nand reputed to be married. And it was an aggravation \noftheft to be held and reputed a thiet: \nhabitant (a-bee-ton), n. [French] 1. Hist. French law. A \nperson holding land in feudal tenure from a seignior. \n2. A native ofCanada oHrench descent, esp. one from \nthe farming class. \nhabitatio (hab-a-tay-shee-oh), n. [Latin\"dwelling\"] \nRoman law. The right to dwell (in a place); the right of \nfree residence in another's house; an urban servitude. \n This right was usu. given by will and treated as a \npersonal servitude. See urban servitude under SERVI\nTUDE (2). Cf. USUFRUCT; USUS (1). \nhabitation. (14c) 1. The act ofinhabiting; occupancy. 2. \nA dwelling place; a domicile. 3. Civil law. A nontrans\nferable and nonheritable right to dwell in the house \nof another. La. Civ. Code art. 630. See RESIDENCE; \nDOMICILE. Cf. USUFRUCT. \nhabit evidence. See EVIDENCE. \nhabitual, adj. (17c) 1. Customary; usual <habitual late \nsleeper>. 2. Recidivist <habitual offender>. \nhabitnal criminal. See RECIDIVIST. \nhabitual drunkard. See DRUNKARD. \nhabitual offender. 1. See RECIDIVIST. 2. See OFFENDER. \nhabitual residence. See RESIDENCE. \n\nhable (ab-Jl), n. (Law French] Hist. A port or harbor; a \nstation for ships. \nhacienda particular (ah-syen-dah [or hah-see-en-dd] \npahr-tee-koo-Iahr), n. Spanish law. Private property. \nhacienda publica (ah-syen-dah [or hah-see-en-dd] poo\nblee-kah), n. Spanish law. 1. Public revenue or assets. 2. \nThe public treasury; economic ministry. \nhacienda social (ah-syen-dah [or hah-see-en-dd] soh\nsyahl), n. Spanish law. Property belonging to a corpo\nration or partnership. \nhack, vb. To surreptitiously break into the computer, \nnetwork, servers, or database of another person or \norganization. Cf. CRACK. hacker, n. \nhad. Commenced or begun, as used in a statute provid\ning that no legal proceeding may be had (usu. followed \nby the words or maintained) <no action for foreclosure \nmay be had or maintained until the debtor has been \ngiven at least 30 days' notice>. \nhadbote. See BOTE (2). \nhadgonel (had-ga-nel), n. Hist. A tax or mulct. \nHadley v. Baxendale rule. (1930) Contracts. The principle \nthat consequential damages will be awarded for breach \nofcontract only ifit was foreseeable at the time ofcon\ntracting that this type of damage would result from \nthe breach. Hadley v. Baxendale, 9 Exch. 341 (1854) . \nHadley v. Baxendale is best known for its impact on a \nnonbreaching party's ability to recover consequential \ndamages, but the case also confirmed the principle that \nthe nonbreaching party may recover damages that arise \nnaturally from the breach. See foreseeable damages \nunder DAMAGES. [Cases: Damages C=:>23.] \n\"The rationale of the decision appears in Baron Alderson's \nnoted statement of what came to be known as the two \nrules of Hadley v. Baxendale. The first rule was that the \ninjured party may recover damages for loss that 'may fairly \nand reasonably be considered [as] arising naturally, i.e., \naccording to the usual course of things, from such breach \nof contract itself.' ... The second and more significant \nrule went to recovery of damages for loss other than that \n'arising naturally' to recovery of what have come to be \nknown as 'consequential' damages .... By introducing \nthis requirement of 'contemplation' for the recovery of \nconsequential damages, the court imposed an important \nnew limitation on the scope of recovery that juries could \nallow for breach of contract. The result was to impose a \nmore severe limitation on the recovery of damages for \nbreach of contract than that applicable to actions in tort or \nfor breach of warranty, in which substantial or proximate \ncause is the test.\" E. Allan Farnsworth, Contracts  12.14, \nat 822-23 (3d ed. 1999). \nhad-not test. See BUT-FOR TEST. \nhaec est conventio (heek est k.m-ven-shee-oh). [Law \nLatin] Hist. This is the agreement.  These formal words \ncommonly prefaced written agreements. \nhaec estfinalis concordia (heek est fi-nay-lis k;m-kor\ndee-;J). [Law Latin] Hist. This is the final agreement. \n These were the words that began a fine, a fictitious \njudicial proceeding formerly in use as a mode of con\nveying land. See FO"}
{"text": "the words that began a fine, a fictitious \njudicial proceeding formerly in use as a mode of con\nveying land. See FOOT OF THE FINE; FINE. \nhaec verba. See IN HAEC VERBA. haeredibus et assignatis quibuscunque (ha-red-i-bds \net as-ig-nay-tis kwib-Js-bng-kwee). [Law Latin] Scots \nlaw, To heirs and assignees whomsoever. _ This was a \nsimple destination phrase. \nhaereditas. See HEREDITAS. \nhaeres. See HERES. \nhaeretico comburendo. See DE HAERETICO COMBU\nRENDa. \nhafne (hay-vJn), n. [Old English] A haven or port. \nhafne court. Hist. Haven courts; one of several courts \nanciently held in certain ports in England. \nHague Academy of International Law (hayg). A center \nfor advanced studies in international law, both public \nand private, aimed at facilitating the comprehensive \nand impartial examination of problems ofinternational \nlegal relations . It was founded in the Netherlands in \n1923 on the initiative of the Carnegie Endowment for \nInternational Peace and the Institut de Droit Interna\ntional. -Also termed Academie de Droit International \nde La Haye. \nHague Convention. The short name for anyone of the \nmany numerous international conventions that address \ndifferent legal issues and attempt to standardize proce\ndures between nations. [Cases: Treaties \nHague Convention on Protection of Children and \nCooperation in Respect of Intercountry Adoption. \nA 1993 international agreement to establish uniform \nprocedures governing intercountry adoptions . The \nConvention has not been widely adopted. The U.S. has \nsigned but not ratified it. \nHague Convention on the Civil Aspects of Interna\ntional Child Abduction. An international convention \n(concluded in 1980) that seeks to counteract cross\nborder child-snatching by noncustodial parents . \nThis convention created a legal mechanism available \nto parents seeking the return of, or access to, their \nchildren. Its purposes are to secure the prompt return \nofchildren who have been wrongfully taken from one \ncountry to another and to enforce custody and visita\ntion rights in the contracting countries. The procedure \nis summary in nature and does not contemplate con\ntinuing hearings on the merits ofa dispute. More than \n80 countries are parties to the Convention, including \nthe United States. 42 USCA  11601-11610. [Cases: \nChild Custody C=:>802; Treaties \nHague Convention on the Service Abroad of Judicial \nand Extrajudicial Documents. An international \nconvention, concluded on November 15, 1965, gov\nerning procedures for effecting service of process \nin a foreign country. More than 35 countries are \nparties to the Convention, including the United States. \n[Cases: Federal Civil Procedure (;::;)462; Process (;:'c \n83; Treaties (,~8.1 \nHague Convention on the Taking ofEvidence Abroad \nin Civil or Commercial Matters. An international \nconvention, concluded on October 26, 1968, that \nestablishes procedures for obtaining evidence in a \n\n781 \nforeign country, such as taking a deposition abroad. \n More than 27 countries are parties, including the \nUnited States. [Cases: Federal Civil Procedure <::=>1261; \nPretrial Procedure Treaties <::=>8.] \nHague Rules. Maritime law. An international agree\nment adopted at the International Convention for the \nUnification ofCertain Rules ofLaw Relating to Bills of \nLading in 1924. _ Under the Hague Rules, a carrier is \nnot liable for losses. [Cases: Shipping <::=> 103, 140.] \nHague Tribunal. Int'llaw. A permanent court ofarbi\ntration established by the Hague Peace Conference of \n1899 to facilitate immediate recourse to arbitration to \nsettle international differences . The court was given \njurisdiction over all arbitration cases, unless the parties \nagreed to institute a special tribunal. An international \nbureau was likewise established to serve as a registry \nfor the court and to issue communications about the \ncourt's meetings. The court is \"permanent\" only in the \nsense that there is a permanent list of members from \nwhom arbitrators in a given case are selected. Apart \nfrom making minor changes in the court, the Second \nHague Conference of 1907 provided that, of the two \narbitrators appointed by each party, only one should \nbe a national of the appointing state. \nhaircut.!. Securities. The discount required by the \nNational Association ofSecurities Dealers on the value \nofstock that a brokerage firm holds in its own account \nat the time of filing a monthly report about the firm's \nnet capital condition. [Cases: Securities Regulation \n<~::>40.13.] 2. 1he difference between the amount of a \nloan and the market value ofthe collateral securing \nthe loan. \nhaircut reorganization. See REORGANIZATION (1). \nHaitian divorce. See Mexican divorce under DIVORCE. \nhale, v. To compel (a person) to go, esp. to court <hale a \nparty into court>. \nhalf, n. (bef. 12c) One of two equal parts into which a \nthing can be divided; MOIETY. \nhalf blood. See BLOOD. \nhalf brother. See BROTHER. \nhalfendeal (hahv-an-deel), n. [fro Law Latin halfendelel \nHist. Half a thing; a moiety. -Also spelled halfendeal; \nhalfendeal. \nhalf-mark. See DEMIMARK. \nhalf nephew. See NEPHEW (1). \nhalf niece. See NIECE. \nhalf orphan. See ORPHAN (2). \nhalf-pilotage. See PILOTAGE. \nhalfplus one. Parliamentary law. A common but inexact \n(and often inaccurate) approximation for a majority . \nFor a body with 100 members, a majority is indeed half \nplus one, or 51. But for a body with an odd number of \nmembers, \"half plus one\" would not be a whole number. \nSo \"a simple majority\" is a better choice for deSignat\ning majority rule. -Also termed 50 percent plus one. \nSee MAfORITY (2). halle-gemot \nhalf-proof. Civil law. 1. Proof established by one witness, \nor by a private instrument. See UNUS NULLUS RULE. \n2. Prima facie proof that is nonetheless insufficient to \nsupport a sentence or decree. \nhalf-seal. Hist. A seal used in the Court of Chancery to \nmark commissions to the Court of Delegates on the \nappeal of an ecclesiastical or maritime case. -The use \nofthe seal ended when the Court ofDelegates was abol\nished in 1832. See COURT OF DELEGATES. \nhalfsection. See SECTION. \nhalfsister. See SISTER. \nhalf-timer. Hist. In England, a child excused from \nfull-time attendance at school under the Factory and \nWorkshop Act of 1908 so that the child could work \npart-time in a factory or workshop. The Factory and \nWorkshop Acts from 1901 to 1911 were repealed by the \nFactory and Workshop (Cotton Cloth Factories) Act of \n1929 and the Factories Act of 1937. \nhalf-tongue. Hist. In England, a jury empaneled to try \nan alien, and composed half ofone nationality and half \nof another. The use ofthis type ofjury ended in 1914 \nwith the passage of the Status ofAliens Act. \nhalfway house. (1970) A transitional hOUSing facility \ndesigned to rehabilitate people who have recently left a \nprison or medical-care facility, or who otherwise need \nhelp in adjusting to a normal life. Also termed resi\ndential community treatment center. \nhalf-year. See YEAR. \nHalifax law. 1. LYNCH LAW; more broadly, an irrevoca\nble punishment carried out after a summary trial. 2. \nThe summary and unauthorized trial and execution \n(usu. by decapitation) of a person accused of a crime. \n_ This term comes from the parish of Halifax, in \nEngland, where -according to custom in the forest of \nHardwick -this form ofprivate justice was anciently \npracticed by the free burghers against people accused \nofstealing. Thieves could be condemned to death by \nbeheading on market day. The last such case is said \nto have occurred in 1650. -Also termed gibbet law; \nHalifax inquest. \nhaligemot. See HALLMOTE. \nhall. (bef. 12c) 1. A building or room ofconsiderable size, \nused for meetings ofbodies such as public assemblies, \nconventions, and courts. 2. Parliamentary law. The \nroom or other space in which a deliberative assembly \nmeets. 3. Hist. A manor house or chief mansion house. \n It was called a hall because the magistrate's court was \ntypically held there. \nhallage (hawl-ij), n. (l7c) Hist. A fee or toll due for goods \nor merchandise sold in a hall used as a market; a toll \npayable to the lord ofa fair or market for commodities \nsold in the common hall. \nhallazgo (ah-yahz-goh), n. [Spanish] Spanish law. 1. The \nfinding and taking possession ofownerless property. 2. \nThe first occupant recognized by law. \nhalle-gemot (hawl-ga-moht), n. See HALLMOTE. \n\n782 halligan tool \nhalligan tool. See HOOLIGAN TOOL. \nhallmark. (18c) 1. An official stamp affixed by goldsmiths \nand silversmiths on articles made ofgold or silver to \nshow genuineness. 2. A mark of genuineness. \nhallmoot. See HALLMOTE. \nhallmote (hahl-moht), n. (bef. 12c) 1. Hist. A court \nbaron; specif., an annual court, presided over by the \nlord of the manor, to decide civil disputes between \nfeudal tenants . The court was usu. held in the manor's \ngreat hall. See COURT BARON. 2. A trade-guild's com\nmercial court, in which guild members were tried for \ntrade-related offenses against the guild. 3. A convention \nof citizens in their public hall. -Also termed folkmote. \n4. (Erroneously) an ecclesiastical court.  Although \nthis definition appears in many secular legal diction\naries, it is unheard of in canon law. In sense 4, it is \noften (erroneously) spelled holymote. Also spelled (in \nsenses 1-3) hallmoot; halmote; halymote; halle-gemot; \nhaligemote. \nhalmote. See HALLMOTE. \nhalymote (hal-;>-moht). See HALLMOTE. \nham (ham or am). (bef. 12c) 1. A place of dwelling; a \nvillage. This word now usu. appears in compound \nform at the end ofplace names, such as Buckingham. 2. \nA small (esp. enclosed) pasture; a piece ofland. -Also \nspelled hamm. Cf. HAMLET. \nhamel. See HAMLET. \nhameleta. See HAMLET. \nhamesucken (haym-s;>k-;m), n. (bef. 12c) Scots law. \n1. Assault on a householder within the house after \nbreaking in to commit the assault or to commit theft. 2. \nThe crime ofhousebreaking or burglary accompanied \nby violence . This term derives from Anglo-Saxon law \n(hamsoen), and literally meant\" breaching the peace of \nanother's home.\" Also spelled hamesecken; hameso\nken. Also termed hamfare. \n\"Burglary, or nocturnal housebreaking, burgi latrocinium, \nwhich by our ancient law was called hamesecken, as it is in \nScotland to this day, has always been looked upon as a very \nheinous offence ....\" 4 William Blackstone, Commentaries \non the Laws of England 223 (1769). \nhamfare. See HAMESGCKEN. \nhamlet. (bef. 12c) A small village; a part or member ofa \nvill.  A hamlet in a rural community might consist of \nno more than a store, a church, and a few residences. \nAlso termed hamel; harneleta; hamleta. See VILL. Cf. \nHAM. \nhamleta. See HAMLET. \nhammer, n. Slang. A forced a sale at public auction \n<her jewelry was brought to the hammer>. See forced \nsale under SALE. \nHammurabi, Code of. See CODE OF HAMMURABI. \nhanaper (han-;>-p;>r), n. [Law Latin hanaperium \nhamper\"] (14c) Hist.1. A basket or hamper used by the \nChancery to store writs and returns. 2. The treasury of \nthe Chancery, funded from the fees charged for writs. \nCf. FISCUS. Hanaper Office. His!. An office formerly belonging to \nthe common-law jurisdiction ofthe Chancery Court . \nThe term derives from the storage ofwrits in a hamper \n(in hanaperio). Crown writs, on the other hand, were \nstored in the Petty Bag Office. The Hanaper Office was \nabolished in 1842. See BAGA. \nhand, n. 1. A person's handwriting <a holographic will \nmust be in the testator's hand>. 2. An instrumental part \n<he had a hand in the crime>. 3. One who performs \nsome work or labor <Hickory was one of the Gales' \nhired hands>. 4. (usu. pl.) Possession <the cocaine was \nnow in the hands of the police>. 5. Assistance <the \ncarpenter lent a hand to the project>. 6. A measure \noflength equal to four inches, used in measuring the \nheight of equines, esp. horses <the pony stood ten \nhands tall>. [Cases: Weights and Measures (;:::;:-3.] 7. \nHist. An oath <he gave his hand on the matter>. 8. One \noftwo sides or aspects ofan issue or argument <on the \none hand we can argue for imprisonment, on the other \nfor leniency>. \nhand, vb. To give; to deliver <"}
{"text": "\none hand we can argue for imprisonment, on the other \nfor leniency>. \nhand, vb. To give; to deliver <he handed over the docu\nments>. \nhandbill. (I8c) A written or printed notice displayed, \nhanded out, or posted, usu. to inform interested people \nofan event or ofsomething to be done . Posting and \ndistribution of handbills is regulated by ordinance or \nstatute in most localities. \nhand down, vb. (17c) To announce or file (a judgment) \nin a case . The term was originally used in connection \nwith an appellate-court opinion sent to the court below; \nit was later expanded to include any decision by a court \non a case or point under consideration. [Cases: Appeal \nand Error (;:::;:-1181, 1182; Federal Courts (;:::;:-921.] \nhandfasting. 1. See handfast marriage (3) under MAR\nRIAGE (1). 2. See hand fast marriage (4) under MARRIAGE \n(1). \nhandfast marriage. See MARRIAGE (1). \nHand formula. (1972) A balancing test for determin\ning whether conduct has created an unreasonable risk \nof harm, first formulated by Judge Learned Hand in \nUnited States v. Carroll Towing Co., 159 F.2d 169 (2d \nCif. 1947) . Under this test, an actor is negligent if \nthe burden oftaking adequate precautions against the \nharm is outweighed by the probable gravity ofthe harm \nmultiplied by the probability that the harm will occur. \n[Cases: Negligence (;:::;:-215.] \n''The legal standard applicable to most unintentional tort \ncases is that of negligence, defined by Judge Learned Hand \nas follows: the defendant is gUilty of negligence if the loss \ncaused by the aCCident, multiplied by the probability of the \naccident's occurring, exceeds the burden of the \ntions that the defendant might have taken to avert This \nis an economic test.... Although the Hand formula is of \nrelatively recent origin, the method that it capsulizes has \nbeen the basic one used to determine negligence ever since \nnegligence was first adopted as the standard to govern \naccident cases.\" Richard A. Posner, Economic Analysis of \nLaw  6.2, at 122-23 (2d ed. 1977). \nhandhabend (hand-hab-;>nd), adj. (14c) Rist. (Of a thief) \ncaught in possession of a stolen item. \n\n783 \nhandhabend, n. [fro Old English aet haebbendre handa \n\"at or with a having hand\"] Hist. 1. The bearing ofstolen \ngoods in hand or about the person. Cf. BACKBEREND. 2. \nA thief or another person caught carrying stolen goods. \n3. Jurisdiction to try a person caught carrying stolen \ngoods. -Also spelled hand-habende. \nhandicap. See DISABILITY (2). \nhandicapped child. See CHILD. \nhand money. Money paid in hand to bind a bargain; \nearnest money paid in cash. See EARNEST MONEY. \nhand note. See NOTE (1). \nhandsale. Hist. A sale memorialized by shaking hands. \n Over time, handsale also came to refer to the earnest \nmoney given immediately after the handshake. In \nsome northern European countries, shaking hands \nwas necessary to bind a bargain. This custom some\ntimes persists for oral contracts. The Latin phrase for \nhandsale was venditio per mutuam manuum complex\nionem (\"a sale by the mutual joining of hands\"). -Also \nspelled handsel. \nhands-off agreement. (1986) A noncompete contrac\ntual provision between an employer and a former \nemployee prohibiting the employee from using infor\nmation learned during his or her employment to divert \nor to steal customers from the former employer. [Cases: \nContracts ~U8.] \nhand up, vb. (1930) (Of a grand jury) to deliver (an indict\nment) to a criminal court. \nhandwriting. (15c) Evidence. 1. A person's chirography; \nthe cast or form ofwriting peculiar to a person, includ\nthe size, shape, and style of letters, and whatever \nindividuality to one's writing. [Cases: Evidence \n2. Something written by hand; a writing \nspecimen. Nonexpert opinion about the genuineness \nof handwriting, based on familiarity not acquired for \nlitigation purposes, can authenticate a document. Fed. \nR. Evid. 901(b)(2). [Cases: Criminal Law ~452(4);; \nEvidence ~480, 561.) \nhang, vb. (1848) 1. (Of a jury) to be unable to reach a \nverdict <the jury was hung after 12 hours of continu\n0us deliberation>. See hung jury under JURY. [Cases: \nCriminal Law ~'867; Federal Civil Procedure \n1974; Trial ~316.12. To suspend a person above the \nground by a rope tied around the person's neck in order \nto cause the person's death. _ The standard past tense \nof the verb in sense 2 is hanged, not hung -the latter \nbeing the standard past tense in all other uses of the \nverb. See HANGING. \nhanged. drawn, and quartered. Rist. An ancient \nsentence for high treason, conSisting of the prisoner's \nbeing drawn on a hurdle to the place of execution, \nhanged by the neck (but not until dead), disembow\neled, and beheaded, and the body then divided into \nfour pieces for the king's disposal.  The sentence was \nabolished in England in 1870. See TREASON. \nhanging, n. The killing of someone by suspending the \nperson above the ground by a rope around the person's happy-slapping \nneck. -Death is caused by asphyxiation (by being \nhoisted from the ground) or by a sudden breaking of \nthe cervical vertebrae (by being dropped from a height). \nHanging was a common form ofcapital punishment in \nthe United States until the 19308. See HANG. \nhanging chad. See CHAD. \nhanging in chains. Hist. English law. As the punishment \nin an atrocious case, the suspending of an executed \nmurderer's body by chains near where the crime was \ncommitted. Hanging in chains was abolished in \n1834. \nhanging judge. See JUDGE. \nhangman. Archaic. An executioner, esp. one who \nexecutes condemned criminals by hanging. \nHansard (han-s;}rd). The official reports of debates \nin the British Parliament.  The name derives from \nLuke Hansard (1752-1828), printer of the Journal of \nthe House ofCommons from 1774 to 1828. The name \nhas varied at different times. In 1892 it became the \nAuthorised Edition; in 1909 the title was changed to the \nOfficial Report; and since 1943 the name Hansard has \nbeen added to Official Report. -Also termed Hansard \nOfficial Report; Hansard's Debates. \nhanse (hans), n. [German] (14c) Hist. 1. A merchant \nguild, esp. one engaging in trade abroad. 2. A fee for \nentrance to the guild; an impost levied on merchants \nnot belonging to the guild. \nHanseatic (han-see-at-ik), adj. (17c) Hist. 1. Ofor relating \nto the union ofthe Hanse Towns, usu. referred to as the \nHanseatic League. 2. Ofor relating to a hanse or com\nmercial alliance. \nHanse Towns (hans). Hist. The collective name of certain \nGerman cities including Lubeck, Hamburg, and \nBremen that allied in the 12th century to protect \nand further their mutual commercial interests . This \nalliance was usu. called the Hanseatic League. The \nLeague framed and promulgated a code of maritime \nlaw known as the Laws ofthe Hanse Towns, orJus Han\nseaticum Maritimum. The League's power peaked in the \n14th century, then gradually declined until 1669, when \nthe last general assembly was held. \nHanse Towns, laws of the. Rist. A uniform maritime \ncode drawn from the laws of the Hanse towns, esp. that \nof Lubeck, published in German at Lubeck in 1597 and \nrevised and enlarged in 1614. \nhappiness, right to pursue. (1829) The constitutional \nright to pursue any lawful business or activity -in \nany manner not inconsistent with the equal rights \nof others -that might yield the highest enjoyment, \nincrease one's prosperity, or allow the development \nof one's faculties . This is a penumbral rather than \nexplicit right under the U.S. Constitution. See the Dec\nlaration ofIndependence ~ 2 (1776). [Cases: Constitu\ntional Law C:::>1107.] \nhappy-slapping. Slang. An assault on a randomly chosen \nvictim by a person or group while another person films \nthe assault with the intention oflater broadcasting or \n\n784 harassment \nselling copies ofthe recording . Happy-slapping began \nin the early 20005 as a fad in London, in which a teenage \nvictim was merely slapped or struck with an object such \nas a rolled-up newspaper while the assault was recorded \non a cellphone camera. As the fad spread across England \nand into Europe, the perpetrators attacked victims of \nall ages, and the assaults escalated from mere slaps to \nserious bodily injury, rape, and murder. \nharassment (ha-ras-mant or har-as-mant). (I8c) Words, \nconduct, or action (usu. repeated or persistent) that, \nbeing directed at a specific person, annoys, alarms, or \ncauses substantial emotional distress in that person \nand serves no legitimate purpose. Harassment is \nactionable in some circumstances, as when a creditor \nuses threatening or abusive tactics to collect a debt. \n[Cases: Civil Rights (>1036, 1143.] -harass (ha-ras \nor har-as), vb. \nsame-sex harassment. See same-sex sexual harassment \nunder SEXUAL HARASSMENT. \nsexual harassment. See SEXUAL HARASSMENT. \nharbinger (hahr-bin-jar), n. (14c) 1. Hist. In England, \na royal officer who went ahead and was responsible \nfor securing lodging for troops or for a traveling royal \nentourage. 2. A person or thing that predicts what is to \ncome <a harbinger ofbad news>. \nharbor, safe. See SAFE HARBOR. \nharboring, n. (14c) The act ofaffording lodging, shelter, \nor refuge to a person, esp. a criminal or illegal alien. \n[Cases: Aliens, Immigration, and Citizenship (>778; \nCompounding Offenses C:--:;3.5.] \nharboring an illegal alien. The act ofproviding conceal\nment from detection bv law-enforcement authorities or \nshelter, employment, ~r transportation to help a non\ncitizen remain in the United States unlawfully, while \nknowing about or recklessly disregarding the nonciti\nzen's illegal immigration status . The crime ofharbor\ning an illegal alien does not require that the offender \nbe involved in the smuggling of illegal aliens into the \ncountry. 8 USCA  1324. [Cases: Aliens, Immigration, \nand Citizenship C=:)778.] \nharbor line. A line marking the boundary ofa certain \npart of public water that is reserved for a harbor; esp., \nthe line beyond which wharves and other structures \nmay not extend. [Cases: Navigable Waters (>14(1).] \nhard asset. See real asset under ASSET. \nhard case. (1836) A lawsuit involving equities that tempt \na judge to stretch or even disregard a principle oflaw at \nissue. Hence the expression, \"Hard cases make bad \nlaw.\" \nhard currency. See CURRENCY. \nhard dollars. 1. Cash proceeds given to a seller. 2. The \npart of an equity investment that is not deductible in \nthe first year. Cf. SOFT DOLLARS. \nhard goods. See durable goods under GOODS. \nhard labor. (18c) Work imposed on prisoners as addi\ntional punishment, usu. for misconduct while in prison.  Several states (such as Louisiana, Maine, and New \nJersey) impose hard labor as a sentence for a variety \nof crimes. Hard labor is also imposed in military sen\ntencing. See PENAL SERVITUDE. [Cases: Sentencing and \nPunishment c8==' 1067, 1134, 1526.] \nhard-look doctrine. (1979) Administrative law. The prin\nciple that a court should carefully review an adminis\ntrative-agency decision to ensure that the decision did \nnot result from expediency, pressure, or whim. [Cases: \nAdministrative Law and Procedure C:)741.] \nhard money. See MONEY. \nhard sell. A sales practice characterized by slogans, \naggressiveness, intimidation, and urgent decision\nmaking. Cf. SOFT SELL. \nhardship. (l3c) l. Privation; suffering or adverSity. 2. \nThe asperity with which a proposed construction oflaw \nwould bear on a particular case, sometimes forming a \nbasis (also known as an argument ab inconvenienti) \nagainst the construction. See AB INCONVENIENT!; \nHARD CASE. [Cases: Statutes <>::: 181(2).] 3. family law. \nA condition that makes it onerous or impossible for a \nchild-support obligor to make the required child-sup\nport payment. [Cases: Child Support (>254, 458.J 4. \nZoning. A ground for a variance under some zoning \nstatutes ifthe zoning ordinance as applied to a particu\nlar property is unduly oppressive, arbitrary, or confisca\ntory; esp., a ground for granting a variance, based on \nthe impossibility or prohibitive expense ofconforming \nthe property or its use to the zoning regulation. -Also \ntermed unnecessary hardship. See VARIANCE (2). [Cases: \nZoning and Planning (>492.] \nHare-Ware voting. See instant-runoff voting under \nVOTING. \nharm, n. (bef. 12c) Injury, loss, damage; material or \ntangible detriment. \naccidental"}
{"text": "bef. 12c) Injury, loss, damage; material or \ntangible detriment. \naccidental harm. 1. Harm not caused by a purposeful \nact. 2. Harm not caused by a tortious act. \nbodily harm. (16c) Physical pain, illness, or impair\nment ofthe body. \ngrievous bodily harm. See serious bodily injury under \nINJURY. \nphysical harm. (18c) Any physical injury or impair\nment ofland, chattels, or the human body. \nserious bodily harm. See serious bodily injury under \nINJURY. \nsocial harm. (1933) An adverse effect on any social \ninterest that is protected by the criminal law. \n\"If the phrase 'social harm' is used to include every invasion \nof any social interest which has been placed under the pro \ntection of a criminal sanction (whether by common law or \nby statute), every crime may be said to involve, in addition \nto other requirements, (1) the happening of social harm \nand (2) the fact that the act of some person was the cause \nofthis harm.\" Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw 830 (3d ed. 1982). \nharmful behavior. Conduct that could injure another \nperson, esp. a child. [Cases: Infants C'\":::: 156.] \n\ncumulatively harmful behavior. Family law. Seriously \nharmful parental (or caregiver) behavior that, ifcon\ntinued for a significant period, will over time cause \nserious harm to a child. \nimmediately harmful behavior. Family law. Seriously \nharmful parental (or caregiver) behavior that could \nhave caused serious injury to a child but that, because \nofthe intervention of an outside force or a fortuitous \nevent, did not result in any injury. \nseriously harmful behavior. Family law. Parental (or \ncaregiver) behavior that could cause serious injury \nto a child in the person's care . Some examples of \nseriously harmful behavior are physical battering, \nphysical neglect, sexual abuse, and abandonment. \nharmful child labor. See oppressive child labor under \nCHILD LABOR. \nharmful error. See reversible error under ERROR (2). \nharmless error. See ERROR (2). \nharmony. (14c) Agreement or accord; conformity <the \ndecision in Jones is in harmony with earlier Supreme \nCourt precedent>. -harmonize, vb. \nharrow (har-oh or hJ-roh), n. [fr. Old French haro] (14c) \nHist. In Norman and early English law, an outcry (or hue \nand cry) after felons and malefactors. -Also spelled \nharo. See HUE AND CRY. Cf. CLAMEUR DE HARO. \nHarter Act. Maritime law. An 1893 federal statute reg\nulating a carrier's liability for the loss or damage of \nocean cargo shipped under bills of lading. 46 USCA \napp.  190-96. The Act was the primary model for \nthe Carriage of Goods by Sea Act, which has largely \nsuperseded it in practice. See CARRIAGE OF GOODS BY \nSEA ACT. [Cases: Shipping ~103.] \n\"[T1he Harter Act [was] the world's first legislative attempt \nto allocate the risk of loss in ocean transportation between \ncarrier and cargo interests.\" Michael F. Sturley, Changing \nLiability Rules and Marine Insurance, 24 j. Mar. L. & Com. \n119, 119 (1993). \nHart-Scott-Rodino Antitrust Improvement Act. A \nfederal statute, enacted in 1976, that generally strength\nens the Justice Department's antitrust enforcement \npowers, esp. by requiring firms to give notice to the \nFederal Trade Commission and the Justice Department \nof an intent to merge if one of the firms has annual \nrevenues or assets exceeding $100 million, and the \nacquisition price or value of the acquired firm exceeds \n$50 million. 15 USCA  18(a). -Often shortened to \nHart-Scott-Rodino Act (abbr. HSR Act). \nhash, vb. To run (a document) through an encryption \nalgorithm, usu. to secure the contents or to derive a \nnumber unique to the document. The product of \nhashing is either run through the encryption algorithm \nin reverse to verify that the transmitted message has \nnot been altered or combined with the sender's private\nencryption key to produce a digital signature for the \ndocument. \nhash number. A unique numerical code generated by \nencryption software for use in creating a digital signature. Also termed hashed number. See DIGITAL \nSIGNATURE; HASH; KEY ENCRYPTION. \nhaspa (has-p\"), n. [Law Latin] Hist. The hasp of a door. \n Livery of seisin was often made in the doorway of a \nstructure located on the property being transferred. \nhasta (has-t<'l), n. [Latin \"spear\"]l. Roman law. A sale by \nauction, indicated by a spear placed into the ground . \nThe phrase hastae subicere (\"to put under the spear\") \nmeant to put up for sale at auction. 2. Hist. A symbol \nused to invest a fief. \nHatch Act. A federal statute, enacted in 1939, that \nrestricts political-campaign activities by federal \nemployees and limits contributions by individuals to \npolitical campaigns. 5 USCA  1501-1508. Senator \nCarl Hatch sponsored the Act following disclosures \nthat Works Progress Administration officials were \nusing their positions to campaign for the Democratic \nParty. [Cases: Elections P311.2.j \nHatch-Waxman Act. The popular name of the 1984 \nfederal law that provides incentives for the develop\nment of generic drugs and allows drug-patent owners \nto regain the time lost on a patent's term while awaiting \napproval ofthe drug from the Food and Drug Admin\nistration. Also termed Drug Price Competition and \nPatent Term Restoration Act of1984. [Cases: Health \n317,319.] \nhate crime. See CRIME. \nhate speech. See SPEECH. \nhat money. Maritime law. A small gratuity traditionally \npaid to the master (and sometimes the crew) of a ship \nfor the care ofthe cargo. Also termed pocket money; \nprimage. [Cases: Shipping \n\"Primage and average, which are mentioned in bills of \nlading, mean a small compensation or duty paid to the \nmaster, over and above the freight, for his care and trouble \nas to the goods. It belongs to him of right, and it is not \nunderstood to be covered by the policy of insurance. For \nthese charges, as well as for freight, the master has a lien \non the cargo: 3 James Kent, Commentaries on American \nLaw *232 n. (b) (George Comstock ed., 11th ed. 1866). \nHatsell's Precedents. Parliamentary law. A compilation \nof points of order decided in the House of Commons, \npublished by the House's clerk, John Hatsell, in two \nvolumes, the first in 1776 and the second in 1781.  Hat\nsell's compilation was a primary source for the manual \nthat Thomas Jefferson compiled while presiding over \nthe United States Senate. \nhauber ([h]aw-bJr), n. [Old French] Hist. A high lord; \na great baron. \nhaulage royalty. See ROYALTY (2). \nhaustus (haws-tJs), n. [Latin \"a drawing\"] Roman law. \nA species of rustic praedial servitude consisting in the \nright to draw water from a well or spring on another's \nproperty the term being common esp. in the form \naquaehaustus. -A right-of-way (iter) to the well was \nimplied in the easement. \nhave. See HABE. \nhave and hold. See HABENDUM CLAUSE (1). \n\nhave the floor 786 \nhave the floor. Parliamentary law. To be entitled to speak \nafter being recognized by the chair. \nhawala (ha-wah-h'l), n. [Hindi] A system for transferring \nmoney, usu. across national borders, based on trust and \noperating through networks based on family relation\nships or on regional or ethnic affiliations rather than \nthrough banks and financial institutions. -The system \noriginated in India before the introduction ofwestern \nbanking practices. It is commonly used in immigrant \ncommunities. In Indian and Pakistani usage, \"white \nhawala\" refers to legitimate transactions and \"black \nhawala\" refers to money-laundering. -Also termed \nhundi. \nhawaladar (hd-wah-l,,-d;n), n. [Hindi] A hawala \noperator. \nhawker. (16c) An itinerant or traveling salesperson who \nsells goods in a public street, esp. one who, in a loud \nvoice, cries out the benefits ofthe items offered for \na peddler. - A hawker is usu. required to have a license. \n[Cases: Hawkers and Peddlers 03.J \nhawking. The act of offering, by outcry, goods for sale \nfrom door to door or on a public street. [Cases: Hawkers \nand Peddlers \nhaybote (hay-boht), n. [fr. French haye \"a hedge\" +Saxon \nbote \"an allowance\"] Hist. The right or privilege of a \ntenant for life or years to have material to repair the \nhedges or or to make farming implements. \nAlso termed hedgebote. See BOTE. \nhayward. Hist. 1. An officer of a town or manor respon\nsible for maintaining fences and hedges, esp. to prevent \ncattle from breaking through to an enclosed pasture. \n2. A cattle herder. \nHazantown agreement (hay-zan-town). A type of col\nlective-bargaining agreement used in the garment \nindustry, governing the relationship between a jobber \nand the contractors that produce the jobber's garments. \n-The agreement does not govern the relationship \nbetween the jobber and its own employees. It governs \nthe relationship between the jobber and the contrac\ntors that manufacture the garments that the jobber \nsells, including covenants that the jobber will use only \nunionized contractors, will ensure that salaries and \nbonuses are appropriately paid, and will contribute to \nemployee-benefit funds maintained on behalf of the \ncontractor's employees. This term gets its name from \nHazantown, Inc., the jobber involved in Danielson \nv. Joint Bd. ofCoat, Suit & Allied Garment Workers' \nUnion, 494 F.2d 1230 (2d Cir. 1974). Also termed \njobber's agreement. \nhazard, n. (14c) 1. Danger or peril; esp., a contributing \nfactor to a peril. See PERIL. \nextraordinary hazard. Workers' compensation. An \nunusual occupational danger that is increased by the \nacts of employees other than the injured worker. \nAlso termed extraordinary danger; extraordinary risk. \n[Cases: Workers' Compensation 1-520,678.] imminent hazard. An immediate danger; esp., in envi\nron mental law, a situation in which the continued use \nof a pesticide will probably result in unreasonable \nadverse effects on the environment or will involve an \nunreasonable danger to the survival of an endangered \nspecies. 7 USCA  136(1). [Cases: Environmental Law \n~423.1 \noccupational hazard. (1917) A danger or risk that \nis peculiar to a particular calling or occupation. \nOccupational hazards include both accidental injuries \nand occupational diseases. \n2. Insurance. The risk or probability of loss or injury, \nesp. a loss or injury covered by an insurance policy. \nmoral hazard. A hazard that has its inception in \nmental attitudes, such as dishonesty, carelessness, \nand insanitv. -The risk that an insured will destroy \nproperty or'allow it to be destroyed (usu. by burning) \nin order to collect the insurance proceeds is a moral \nhazard. Also, an insured's potential interest, if any, \nin the burning of the property is sometimes called a \nmoral hazard. [Cases: Insurance 03055(2).] \nphysical hazard. A hazard that has its inception in \nthe material world, such as location, structure, occu\npancy, exposure, and the like. \n3. Hist. An unlawful dice game in which the chances of \nwinning are complicated by arbitrary rules. \nhazarder (haz-ar-dar), n. Hist. A player in an unlawful \ngame ofdice. -Also spelled hazardor. \nhazardous, adj. Risky; dangerous. \nhazardous cargo. See CARGO. \nhazardous contract. See aleatory contract under \nCONTRACT. \nhazardous employment. See EMPLOYMENT. \nhazardous negligence. See NEGLIGENCE. \nhazardous substance. (1882) 1. A toxic pollutant; an \nimminently dangerous chemical or mixture. [Cases: \nEnvironmental Law 0413.] 2. See hazardous waste \nunder WASTE (2). \nhazardous waste. See WASTE (2). \nhazard pay. (1956) Special compensation for work done \nunder unpleasant or unsafe conditions. \nhazing, n. (1850) The practice of phYSically or emotion\nally abUSing newcomers to an organization as a means \nofinitiation. _ In the early 19th century, hazing referred \nto beating. Hazing was a well-established custom in \nfraternities at Ivy League universities by the mid-19th \ncentury. (One college magazine referred to \"the absurd \nand barbarous custom of haZing, which has long pre\nvailed in the college.\" 1 Harvard Mag. 413 (1860)). \nThe first death from hazing was reported at Yale in \n1892 (N.Y. Daily News, June 28, 1892). In the late 20th \ncentury, many colleges and universities banned hazing \nand many states passed antihazing statutes establishing \ncriminal penalties. See ANTIHAZING STATUTE. \nhazing statute. See ANTIHAZING STATUTE. \n\n787 \nH.B. See house bill under BILL (3). \nH.C. abbr. 1. HOUSE OF COMMONS. 2. HABEAS CORPUS. \nHDC. abbr. HOLDER IN DUE COURSE. \nhe. (bef. 12c) A pronoun of the mascul"}
{"text": "abbr. HOLDER IN DUE COURSE. \nhe. (bef. 12c) A pronoun of the masculine gender, tradi\ntionally used and construed in statutes to include both \nsexes, as well as corporations . It may also be read as \nthey. Because of the trend toward nonsexist language, \nfastidious drafters avoid using the generic pronouns \nhe, him, and his unless the reference is only to a male \nperson. \nhead-and-master rule. Hist. The doctrine that the \nhusband alone is authorized to manage community \nproperty . Some courts have held that the rule is \nunconstitutional gender-based discrimination. -Also \ntermed lord-and-master rule. Cf. EQUAL-MANAGEMENT \nRULE. \nheadborough. See BORSHOLDER. \nheading. (17c) A brief title or caption of a section of a \nstatute, contract, or other writing. \n\"The headings prefixed to sections or sets of sections \nin some modern statutes are regarded as preambles to \nthose sections. They cannot control the plain words of the \nstatute, but they may explain ambiguous words ....\" P. \nSt. j. Langan, Maxwell on the Interpretation ofStatutes 11 \n(12th ed. 1969). \nheadlease. (1909) A primary lease under which a sublease \nhas been granted. -Also spelled head lease. -Also \ntermed primary lease; chieflease. [Cases: Landlord and \nTenant C= 75, 76, 80.] \nheadlessor. (1933) A lessor on a lease of property that \nhas been subleased. \nhead money. (16c) 1. A tax on people who fit within a \ndesignated class; a poll tax. See capitation tax and poll \ntax under TAX. [Cases: Taxation C'='2054.]2. A bounty \noffered by a government for a prisoner taken at sea \nduring a naval engagement . This bounty is divided \namong the officers and crew in the same manner as \nprize money. See PRIZE MONEY. 3. A tax or duty on \nshipowners, imposed by an 1882 federal statute, for \nevery immigrant brought into the United States. \nAlso termed head tax. 4. Hist. A bounty or reward paid \nto a person who killed a band it or outlaw and produced \nthe head as evidence. See BOUNTY (1); REWARD. \nheadnote. (1855) A case summary that appears before \nthe printed judicial opinion in a law report, addresses a \npoint oflaw, and usu. includes the relevant facts bearing \non that point oflaw. -Also termed syllabus; synopsis; \nreporter's syllabus. Cf. SYLLABUS. \n\"The syllabus or headnote is a brief statement of the propo\nsitions of law decided in the case, being in the nature of \na table of contents of the case. The modern method is to \nnumber each proposition in the syllabus, and to indicate, \nby corresponding figures, the exact place in the decision \nwhere the point mentioned in the syllabus can be found. \nSometimes, especially in the older reports, the syllabus \nis inaccurate or misleading, and it is not safe to rely on \nit without first verifying it from the decision.\" Frank Hall \nChilds, Where and How to Find the Law 22 (1922). \nheadnote lawyer. See LAWYER. health \nhead of family. A person who supports one or more \npeople related by birth, adoption, or marriage and \nwith whom those persons maintain their permanent \ndomicile . The phrase head offamily appears most \ncommonly in homestead law. For a person to have the \nstatus of head of family, there must, of necessity, be at \nleast two people in the family. Also termed head of \nafami/y. Cf. HEAD OF HOUSEHOLD. [Cases: Homestead \n(;:::J 18.] \nhead ofhousehold. (1847) 1. The primary income-pro\nvider within a family. 2. For income-tax purposes, an \nunmarried or separated person (other than a surviving \nspouse) who provides a home for dependents for more \nthan one-half of the taxable year . A head of house\nhold is taxed at a lower rate than a single person who is \nnot head of a household. Cf. HEAD OF FAMILY; HOUSE\nHOLDER. [Cases: Internal Revenue (;::=3549.] \nheadright. (1930) In American Indian law, a tribemem\nber's right to a pro rata portion ofincome from a tribal \ntrust fund set up under the Allotment Act of 1906. \nThis type of trust fund is funded largely by mineral \nroyalties arising from land held or once held by the \ntribemember's tribe. [Cases: Indians C=141(2), 192.] \nheadright certificate. Hist. A certificate issued under \nauthority of a Republic ofTexas law of 1839 proViding \nthat a person was entitled to a grant of640 acres if the \nperson (1) had immigrated to the Republic between I \nOctober 1837 and 1 January 1840, (2) was a head of \nhousehold, and (3) actually resided within the Republic \nwith his or her family . The grant was to be held under \nthe certificate for three years and then conveyed by \nabsolute deed to the settler. \nhead shop. A retail establishment that sells items \nintended for use with illegal drugs. \nhead-silver. See common fine under FINE (4). \nhead-start injunction. See INJUNCTION. \nheadstream. The source of a river. \nhead tax. 1. See poll tax under TAX. 2. HEAD MONEY \n(3). \nheadwater. (18c) 1. (usu. pi.) The part ofa river or stream \nthat is closest to its source. 2. HEADSTREAM. \nhealth. (bef. 12c) 1. The state ofbeing sound or whole \nin body, mind, or souL 2. Freedom from pain or \nsickness. \ngood health. See GOOD HEALTH. \npublic health. (17c) 1. The health of the community at \nlarge. 2. The healthful or sanitary condition of the \ngeneral body of people or the community en masse; \nesp., the methods of maintaining the health of the \ncommunity, as by preventive medicine and organized \ncare for the sick . Many cities have a \"public health \ndepartment\" or other agency responsible for main\ntaining the public health; federal laws dealing with \nhealth are administered by the Department of Health \nand Human Services. [Cases: Health C=>350.] \nsound health. See SOUND HEALTH. \n\n788 healthcare-insurance receivable \nhealthcare-insurance receivable. An interest in or claim \nunder an insurance policy, being a right to payment of \na monetary obligation for healthcare goods or services \nprovided. UCC  9-104(c). \nhealthcare lien. See LIEN. \nhealthcare proxy. See ADVANCE DIRECTIVE (1). \nhealth insurance. See INSURANCE. \nhealth-insurance order. Family law. An order requiring \na parent either to obtain health insurance for a child or \nto add a child to an existing health-insurance policy. \n Health-insurance orders often include dental insur\nance. [Cases: Child Support \nHealth Insurance Portability and Accountability Act. \nA 1996 federal law that provides additional health\ninsurance protections to employees by limiting the \neffect of preexisting conditions on an employee's \nability to obtain insurance; permitting an employee to \nenroll a new dependent acquired by birth, adoption, \nor marriage; making it easier for people to maintain \ninsurance coverage while changing jobs; and helping \nbusinesses employing fewer than 50 workers to obtain \ngroup insurance plans . The Act is codified in various \nsections of 18 USCA, 26 USCA, 29 USCA, and 42 \nUSCA. -Abbr. HIPAA. [Cases: Health 257; \nInsurance C=1518,2460; Labor and Employment \n424.] \nhealth law. (l8c) A statute, ordinance, or code that pre\nscribes sanitary standards and regulations for the \npurpose ofpromoting and preserving the community's \nhealth. [Cases: Health C=351, 355.] \nhealth-maintenance organization. (1973) A group of \nparticipating healthcare providers that furnish medical \nservices to enrolled members ofa group health-insur\nance plan. -Abbr. HMO. Cf. MANAGED-CARE ORGANI\nZATION; PREFERRED-PROVIDER ORGANIZATION. [Cases: \nHealth (;:::>294; Insurance C::::1252.] \nhealth officer. A government official charged with exe\ncuting and enforcing health laws. The powers of a \nhealth officer (such as the Surgeon General) are regu\nlated bylaw. [Cases: Health C=361.] \nhearing. (l3c) 1. A judicial session, usu. open to the \npublic, held for the purpose ofdeciding issues offact or \noflaw, sometimes with witnesses testifying <the court \nheld a hearing on the admissibility ofDNAevidence in \nthe murder case>. 2. Administrative law. Any setting in \nwhich an affected person presents arguments to a deci\nsion-maker <a hearing on zoning variations>. [Cases: \nAdministrative Law and Procedure C=:>469.] 3. In leg\nislative practice, any proceeding in which legislators \nor their designees receive testimony about legislation \nthat might be enacted <the shooting victim spoke at \nthe Senate's hearing on gun control>. See PRELIMINARY \nHEARING. [Cases: States 4. Equity practice. A \ntrial. 5. English law. ORAl. ARGUMENT. \nadjudication hearing. (1947) 1. Administrative law. \nAn agency proceeding in which a person's rights and \nduties are decided after notice and an opportunity to be heard. See procedural due process under DL'E \nPROCESS. Cf. disposition hearing. [Cases: Administra\ntive Law and Procedure G-'-::;;469.] 2. In child-abuse \nand neglect proceedings, the trial stage at which the \ncourt hears the state's allegations and evidence and \ndecides whether the state has the right to intervene \non behalf of the child. [Cases: Infants <>='203.] 3. \nIn a juvenile-delinquency case, a hearing at which \nthe court hears evidence ofthe charges and makes a \nfinding ofwhether the charges are true or not true. \nAlso termed adjudicatory hearing; adjudicatory pro\nceeding . \nadjudicatory hearing (a-joo-di-ka-tor-ee). See adju\ndication hearing. \ncertification hearing. See transfer hearing. \nconformity hearing. See CONFORMITY HEARING. \ncontested hearing. A hearing in which at least one \nof the parties has objections regarding one or more \nmatters before the court. \ncontinued-custody hearing. See shelter hearing. \ncustody hearing. (1935) Family law. A judicial examina\ntion ofthe facts relating to child custody, typically in \na divorce or separation proceeding . Child-neglect \nand dependency matters are also often dealt with in \ncustody hearings. -Also termed custody proceeding. \n[Cases: Child Custody (;:::>500; Infants C=:>203.] \nDaubert hearing. See DAUBERT HEARING. \ndependency hearing. See shelter hearing. \ndetention hearing. (1959) 1. Criminal law. A hearing \nto determine whether an accused should be released \npending triaL See pretrial detention under DETEN\nTION. 2. Family law. A hearing held by a juvenile court \nto determine whether a juvenile accused ofdelinquent \nconduct should be detained, continued in confine\nment, or released pending an adjudicatory hearing. \nCf. adjudication hearing; disposition hearing. [Cases: \nInfants C=:>192,203. 3. See shelter hearing. \ndischarge hearing. See DISCHARGE HEARING. \ndispositional hearing. See disposition hearing. \ndisposition hearing. (1960) Family law. L In child-abuse \nand neglect proceedings, after an adjudication hearing \nat which the state proves its allegations, a hearing at \nwhich the court hears evidence and enters orders for \nthe child's care, custody, and control.  Typically, the \njudge determines a plan for services aimed at reunify\ning or rehabilitating the family. 2. In a juvenile-delin\nquency case, after an adjudication hearing at which \nthe state proves its case against the juvenile or after \na juvenile's pleading true to the charges against him, \na hearing at which the court determines what sanc\ntions, if any, will be imposed on the juvenile. At a \ndisposition hearing, the court balances the best inter\nests ofthe child against the need to sanction the child \nfor his or her actions. If the juvenile is adjudicated \na delinquent, the probation staff prepares a social \nhistory ofthe youth and his family and recommends \na disposition. After reviewing the social history and \n\n789 \nvarious recommendations, the court enters a dispo\nsition. Among the possible juvenile sanctions are a \nwarning, probation, restitution, counseling, or place\nment in a juvenile-detention facility. Probation is the \nmost common sanction. Also termed dispositional \nhearing. Cf. adjudication hearing. 3. See permanency \nhearing. [Cases: Infants 0='203.J \nevidentiary hearing. (1952) 1. A hearing at which \nevidence is presented, as opposed to a hearing at \nwhich only legal argument is presented. 2. See ADMIN\nISTRATIVE PROCEEDING. \nexclusionary hearing. (1963) A pretrial hearing con\nducted to review and determine the admissibility of \nalleged illegally obtained evidence. [Cases: Criminal \nLaw 0='394.6.] \nfair hearing. (1831) A judicial or administrative hearing \nconducted in accordance with due process. [Cases: \nConstitutional Law 0='3881, 4027.] \nFatico hearing. See FATICO HEARING. \nfitness hearing. See transfer hearing. \nFranks hearing. See FRANKS HEARING. \nfull adversary hearing. See adjudication hearing. \nfull hearing. (I7c) 1. A hearing at which the parties are \nallowed notice of each other's claims and are given \nample opportunity to present their positions with \nevidence and argument. 2. See ADMINISTRATIVE \nPROCEEDING. \nGarcia hearing. See GARCIA HEARING. \n"}
{"text": "See ADMINISTRATIVE \nPROCEEDING. \nGarcia hearing. See GARCIA HEARING. \nhearing de novo (dee or di noh-voh). (18c) 1. A review\ning court's decision ofa matter anew, giving no defer\nence to a lower court's findings. [Cases: Appeal and \nError 0='892; Criminal Law C=:'1139; Federal Courts \nC:)776.]2. A new hearing ofa matter, conducted as if \nthe original hearing had not taken place. \nindependent-source hearing. Criminal procedure. A \nhearing to determine whether evidence was obtained \nillegally, and ifso, whether the evidence is admissible. \nSee INDEPENDENT-SOURCE RULE. [Cases: Criminal \nLaw 0='339.11(2).] \nJackson-Denno hearing. See JACKSON-DENNO HEAR\nING. \nMapp hearing. See MAPP HEARING. \nneglect hearing. (1952) Family law. A judicial hearing \ninvolving alleged child abuse or some other situation \nin which a child has not been properly cared for by \na parent or person legally responsible for the child's \ncare. At issue is the civil culpability of the parent \nor responsible party and the possible loss of children \ninto foster care or in extreme cases -the termina\ntion of parental rights. [Cases: Infants 0='203.] \nomnibus hearing. (1969) Criminal procedure. A hearing \ndeSigned to bring judicial overSight to a criminal \ncase at an early stage to make certain that the case \nis being handled expeditiously and properly . At an \nomnibus hearing, the court is primarily interested in \nensuring that discovery is being conducted properly, hearing \nthat any necessary eVidentiary hearings have been \nscheduled, and that all issues ripe for decision have \nbeen decided. \npermanency hearing. (1832) Family law. Under the \nAdoption and Safe Families Act, a judicial proceeding \nto determine the future, permanent status ofa child \nin foster care . Under the Act, the term permanency \nhearing replaces the term disposition hearing. 1he per\nmanency hearing must occur within 12 months of a \nchild's being placed in foster care. The purpose ofthe \nhearing is to determine the final direction of the case, \nwhether that means going forward with termination \nproceedings or continuing plans for family reunifica\ntion. -Also termed permanency-planning hearing. \n[Cases: Infants ~'=203.] \npreliminary hearing. See PRELIMINARY HEARING. \npreliminary protective hearing. See shelter hearing. \npresentence hearing. See PRESENTENCE HEARING. \npretrial hearing. See PRETRIAL CONFERENCE. \nprobable-cause hearing. See shelter hearing. \npublic hearing. (18c) A hearing that, within reason\nable limits, is open to anyone who wishes to observe . \n Such a hearing is often characterized by the right \nto appear and present evidence in a case before an \nimpartial tribunal. [Cases: Administrative Law and \nProcedure \nreaffirmation hearing. See REAFFIRMATION HEAR\nING. \nreview hearing. Family law. After a finding of child \nabuse or neglect, a hearing to assess the progress in \nthe case plan. See CASE PLAN. [Cases: Infants 0='203, \n231.] \nrevocation hearing. (1928) Criminal procedure. A \nhearing held to determine whether a parolee should \nbe returned to prison for violating the terms ofparole. \n[Cases: Pardon and Parole 0='85.] \nsentencing hearing. See PRESENTENCE HEARING. \nshelter hearing. Family law. A hearing shortly after \nthe state's removal of a child for suspected abuse \nor neglect.  The hearing, generally held within 24 \nto 72 hours after the removal, is for the purpose of \ndetermining whether the state has adequate cause \nto maintain the children in protective care. -Also \ntermed shelter-care hearing; continued- custody \nhearing; preliminary protective hearing; probable\ncause hearing; detention hearing; dependency hearing. \n[Cases: Infants 0='192,203.] \nsuppression hearing. (1955) Criminal procedure. A \npretrial hearing in which a criminal defendant seeks \nto prevent the introduction of evidence alleged to \nhave been seized illegally. [Cases: Criminal Law \n394.6.] \ntermination-of-parental-rights hearing. Family law. \nA trial or court proceeding, usu. initiated by a state \nagency, that seeks to sever the legal ties between a \nparent and child, usu. so that the child can be adopted. \n\n790 hearing examiner \n The standard of proof in a termination-of-paren\ntal-rights hearing is clear and convincing evidence. \nSantosky v. Kramer, 455 U.S. 745, 102 S.Ct. l388 \n(1982). -Often shortened to termination hearing. \n[Cases: Infants C=>203.] \ntransfer hearing. (1968) Criminal procedure. In a juve\nnile-court case, a hearing to determine whether the \ncase should be transferred to adult criminal court so \nthat the juvenile may be tried as an adult. Every \nstate, as well as the District ofColumbia, has a transfer \nstatute. The United States Supreme Court defined \nthe due-process requirements for transfer hearings \nin Kent v. United States, 383 U.S. 541, 86 S.Ct. 1045 \n(1966). -Also termed certification hearing; waiver \nhearing; fitness hearing. See TRANSFER STATUTE; \nMANDATORY WAIVER; STATUTORY EXCLUSION. [Cases: \nInfants C=>68.7.] \ntrial-type hearing. See ADMINISTRATIVE PROCEEDING. \nuncontested hearing. A hearing in which either (1) the \nparties are in agreement as to all matters before the \ncourt, or (2) one of the parties has failed to appear \ndespite notice. \nunfair hearing. (1915) A hearing that is not conducted \nin accordance with due process, as when the defen\ndant is denied the opportunity to prepare or consult \nwith counsel. [Cases: Constitutional Law C=>3879, \n3886.] \nWade hearing. See WADE HEARING. \nwaiver hearing. See transfer hearing. \nhearing examiner. See ADMINISTRATIVE-LAW JUDGE. \nhearing officer. 1. ADMINISTRATIVE-LAW JUDGE. 2. See \njudicial officer (3) under OFFICER (1). \nhearsay. (16c) 1. Traditionally, testimony that is given \nby a witness who relates not what he or she knows per\nsonally, but what others have said, and that is therefore \ndependent on the credibility of someone other than \nthe witness . Such testimony is generally inadmissible \nunder the rules of evidence. 2. In federal law, a state\nment (either a verbal assertion or nonverbal assertive \nconduct), other than one made by the declarant while \ntestifying at the trial or hearing, offered in evidence \nto prove the truth ofthe matter asserted. Fed. R. Evid. \n801(c). -Also termed hearsay evidence; secondhand \nevidence. Cf. original evidence under EVIDENCE. [Cases: \nCriminal Law C=>419; Evidence C=>314-324.] \ndouble hearsay. (1921) A hearsay statement that \ncontains further hearsay statements within it, none \nof which is admissible unless exceptions to the rule \nagainst hearsay can be applied to each level <the \ndouble hearsay was the report's statement that Amy \nhad heard Joe admit running the red light>. Fed. R. \nEvid. 805. -Also termed multiple hearsay; hearsay \nwithin hearsay. [Cases: Criminal Law C=>419(l3); \nEvidence C=>314-324.] \nhearsay exception. Any of several deviations from the \nhearsay rule, allowing the admission of otherwise \ninadmissible statements because the circumstances surrounding the statements provide a basis for con\nsidering the statements reliable. [Cases: Criminal Law \nC=>419(1.10); Evidence C=>314.] \ntender-years hearsay exception. A hearsay exception \nfor an out-of-court statement by a child ten years of \nage or younger, usu. describing an act ofphysical or \nsexual abuse, when the child is unavailable to testify \nand the court determines that the time, content, \nand circumstances of the statement make it reliable. \n[Cases: Infants C=>20.] \nhearsay rule. (1896) The rule that no assertion offered \nas testimony can be received unless it is or has been \nopen to test by cross-examination or an opportunity \nfor cross-examination, except as provided otherwise \nby the rules of evidence, by court rules, or by statute. \n The chief reasons for the rule are that out-of-court \nstatements amounting to hearsay are not made under \noath and are not subject to cross-examination. Fed. \nR. Evid. 802. Rule 803 provides 23 explicit exceptions \nto the hearsay rule, regardless of whether the out-of\ncourt declarant is available to testify, and Rule 804 \nprovides five more exceptions for situations in which \nthe declarant is unavailable to testify. [Cases: Criminal \nLaw C=>419; Evidence C=>314-324.] \n\"[TJhe great hearsay rule ... is a fundamental rule of \nsafety, but one overenforced and abused, -the spoiled \nchild of the family, -proudest scion of our jurytrial rules \nof evidence, but so petted and indulged that it has become \na nuisance and an obstruction to speedy and efficient \ntrials.\" John H. Wigmore, A Students' Textbook of the Law \nofEvidence 238 (1935). \nhearsay within hearsay. See double hearsay under \nHEARSAY. \nheartbalm statute. A state law that abolishes the rights \nofaction for monetary damages as solace for the emo\ntional trauma occasioned by a loss oflove and rela\ntionship. The abolished rights of action include \nalienation of affections, breach of promise to marry, \ncriminal conversation, and seduction of a person \nover the legal age of consent. Many states today have \nenacted heartbalm statutes primarily because of the \nhighly speculative nature ofthe injury and the poten\ntial for abusive prosecution, as well as the difficulties \nof determining the cause of a loss. The terminology \nin this field is somewhat confusing, since a heartbalm \nstatute abolishes lawsuits that were known as heart\nbalm suits; some scholars therefore call the abolition\nary statutes anti-heartbalm statutes. But the prevailing \nterm is heartbalm statute. -Also written heart-balm \nstatute. -Also termed heartbalm act; anti-heartbalm \nstatute; anti-heartbalm act. [Cases: Breach ofMarriage \nPromise C=>14; Husband and Wife C=>323, 341; Seduc\ntion C=>3.] \n\"Under the English common law, a broken engagement \nmight be followed by a lawsuit for breach of promise to \nmarry .... [TJhe action came to look more like a tort action, \nin which damages might be given for the injury to the plain' \ntiff's feelings, health and reputation and for expenses such \nas costs incurred in preparing for a wedding. Widespread \ncriticism of the suit for breach of promise to marry (as well \nas related tort actions including seduction and alienation \nof affections) led to the passage of 'heart balm' statutes \n\n791 heir \nabolishing these claims in many jurisdictions in the United \nStates beginning in the 1930's.\" Homer H. Clark Jr. & Ann \nLaquer Estin, Domestic Relations: Cases and Problems 47 \n(6th ed. 2000). \nhearth money. Hist. 1. A tax of two shillings levied on \nevery fireplace in England (14 Car. 2, ch. 10). This \nextremely unpopular tax was enacted in 1662 during \nthe reign ofCharles II and abolished in 1688. 2. PETER\nPENCE. -Also termed (in sense 1) chimney money. \nheat ofpassion. (bef. 12c) Rage, terror, or furious hatred \nsuddenly aroused by some immediate provocation, \nUSll. another person's words or actions. At common \nlaw, the heat of passion could serve as a mitigating \ncircumstance that would reduce a murder charge to \nmanslaughter. -Also termed sudden heat ofpassion; \nsudden heat; sudden passion; hot blood; sudden heat \nand passion;furor brevis. Cf. COLD BLOOD; COOL BLOOD. \n[Cases: Homicide ~666.] \n\"To constitute the heat of passion included in this require \nment it is not necessary for the passion to be so extreme \nthat the slayer does not know what he is doing at the time; \nbut it must be so extreme that for the moment his action \nis being directed by passion rather than by reason.\" Rollin \nM. Perkins & Ronald N. Boyce, Criminal Law 99 (3d ed. \n1982). \nheavy work. See WORK (1). \nhebote. See HEREBOTE. \nhedagium (h;:l-day-jee-;:lm), n. [Law Latin] Hist. A toll or \ncustom due at a wharffor landing goods. The Crown \nexempted particular persons and societies from this \ntolL \nhedge, vb. (l7c) To use two compensating or offsetting \ntransactions to ensure a position ofbreaking even; esp., \nto make advance arrangements to safeguard oneself \nfrom loss on an investment, speculation, or bet, as when \na buyer of commodities insures against unfavorable \nprice changes by buying in advance at a fixed rate for \nlater delivery. [Cases: Commodity Futures Trading \nRegulation (;:::\":, 10.] -hedging, n. \nhedgebote. See HAYBOTE. \nhedge fund. (1967) A specialized investment group \nusu. organized as a limited partnership or offshore \ninvestment company that offers the possibility of \nhigh returns through risky techniques such as selling \nshort or buying derivatives . Most hedge funds are not \nregistered with the SEC and are therefore restricted in \nmarketing their services to the public. \nhedonic damages. See DAMAGES. \nhedonistic damages. See hedonic damages under DAMA\nGES. \nhedonistic utilitarianism. See"}
{"text": "\nhedonistic damages. See hedonic damages under DAMA\nGES. \nhedonistic utilitarianism. See UTILITARIANISM. \nheeding presumption. See PRESUMPTIO~. \nheedlessness, n. (l6c) The quality ofbeing thoughtless \nand inconsiderate; esp., conduct involving the disre\ngard ofothers' rights or safety. Heedlessness is often \nconstrued to involve the same degree of fault as reck\nlessness. See RECKLESSNESS. heedless, adj. hegemonism (hi-jem-;:l-niz-am). (l9c) 1. A philosophical \nposition advocating hegemony. 2. All forms ofpolitical \nextension by means of hegemony. \nhegemony (hi-jem-;:l-nee), n. (l6c) 1. Influence, author\nity, or supremacy over others <the hegemony of capi\ntalism>. 2. The striving for leadership or predominant \nauthority ofone state ofaconfederacy or union over the \nothers; political domination <the former Soviet Union's \nhegemony over Eastern Europe>. hegemonic (hej\na-mon-ik), adj. \nheightened scrutiny. See INTERMEDIATE SCRUTINY. \nheinous (hay-n;:ls), adj. (l4c) (Ofa crime or its perpetra\ntor) shockingly atrocious or odious. [Cases: Sentencing \nand Punishment 1684.] heinousness, n. \nheir (air). (l3e) 1. A person who, under the laws of \nintestacy, is entitled to receive an intestate decedent's \nproperty. Also termed legal heir; heir at law; lawful \nheir; heir general; legitimate heir. Cf. ANCESTOR. [Cases: \nDescent and Distribution ~20-43; Wills C:::>SOS.J \n\"Laymen -and sometimes first-year law students taking \nexams -wrongly assume that one who receives rea! \nproperty by will is an heir. Technically, the word 'heir' \nis reserved for one who receives real property by action \nof the laws of intestacy, which operate today only in the \nabsence ofa valid will.\" Thomas F. Bergin & Paul G. Haskell, \nPreface to Esrates in Land and Future Interests 14 n.32 (2d \ned.1984). \n2. Loosely (in common-law jurisdictions), a person who \ninherits real or personal property, whether by will or \nby intestate succession. [Cases: Descent and Distribu\ntion ~20-43; Wills ~S05.] 3. Popularly, a person \nwho has inherited or is in line to inherit great wealth. \n4. Civil law. A person who succeeds to the rights and \noccupies the place of, or is entitled to succeed to the \nestate of, a decedent, whether by an act ofthe decedent \nor by operation oflaw. The term heir under the civil \nlaw has a more expansive meaning than under the \ncommon law. \nafterborn heir. (I8c) One born after the death of an \nintestate from whom the heir is entitled to inherit. \nSee afterborn child under CHILD. [Cases: Descent and \nDistribution \napparent heir. See heir apparent. \nbeneficiary heir (ben-;:!-fish-ee-er-ee). Civil law. An \nheir who accepts an inheritance but whose liability \nfor estate debts is limited to the value of the inheri\ntance. -Also termed heir beneficiary. See BENEFIT OF \nINVENTORY. Cf. unconditional heir. [Cases: Descent \nand Distribution ~119(2).] \nbodily heir. See heir ofthe body. \ncoheir (koh-air). One oftwo or more persons to whom \nan inheritance descends. [Cases: Descent and Distri\nbution 72, 81, 82.] \ncollateral heir. (17c) One who is neither a direct descen\ndant nor an ancestor of the decedent, but whose \nkinship is through a collateral line, such as a brother, \nsister, uncle, aunt, nephew, niece, or cousin. Cf.lineal \nheir. [Cases: Descent and Distribution ~32,37.1 \n\nheir 792 \nexpectant heir. (I7c) An heir who has a reversionary , heir male. Hist. The nearest male blood-relation of a \nor future interest in property, or a chance ofsucceed\ning to it. -Also termed heir expectant. See REVER\nSION (1); REMAINDER (1). Cf. prospective heir. [Cases: \nDescent and Distribution 068.] \n\"The reader should be aware that one never has an 'heir' \nuntil one is dead; one merely has an 'heir expectant' .... \nThus, to say that an heir 'owns' anything is conceptually \ndifficult. But ... some unborn heirs may be entitled to the \nprotection of the courts, and thus be said to have estates.\" \nThomas F. Bergin & Paul G. Haskell, Preface to Estates in \nLand and Future Interests 26 n.13 (2d ed. 1984). \nfideicommissary heir (fI-dee-I kom-i-sair-ee). Roman \n& civil law. A beneficiary ofproperty who succeeds \nthe direct (original) heir. See FIDEICOMMISSUM. \nfidUciary heir. Roman & civil law. An heir who takes \nproperty as a trustee on behalf of a person who is \nnot eligible to receive the property immediately. See \nFIDEICOMMISSUM. \nforced heir. Civil law. (1813) A person whom the testator \nor donor cannot disinherit because the law reserves \npart ofthe estate for that person. -In Louisiana, only \ndescendants are forced heirs. La. Civ. Code art. 1493. \nSee LEGITIME. [Cases: Descent and Distribution \n23.] \nheir apparent. (14c) An heir who is certain to inherit \nunless he or she dies first or is excluded by a valid \nwill. Also termed apparent heir. Cf. heir presump\ntive. [Cases: Descent and Distribution 068.] \n\"Heirs apparent are such, whose right of inheritance is \nindefeaSible, provided they outlive the ancestor; as the \neldest son or his issue, who must by the course of the \ncommon law be heirs to the father whenever he happens \nto die.\" 2 William Blackstone, Commentaries on the Laws \nof Eng/and 208 (l766). \nheir beneficiary. See beneficiary heir. \nheir by adoption. A person who has been adopted by \n(and thus has become an heir to) the deceased. -By \nstatute in most jurisdictions, an adopted child has \nthe same right ofsuccession to intestate property as a \nbiological child unless the deceased clearly expresses \na contrary intention. Jurisdictions differ on whether \nan adopted child may also inherit from his or her \nbiological parents or family. The clear majority view, \nhowever, is that upon adoption, a complete severance \nofrights and obligations occurs and the child forfeits \ninheritance from all biological relatives. \nheir by custom. Hist. In England, a person whose right \nof inheritance depends on a particular and local \ncustom, such as gavelkind and borough English. See \nGAVELKIND; BOROUGH ENGLISH. \nheir by devise. (1842) One to whom lands are given \nby will. \nheir conventional. Civil law. One who takes a succes\nsion because ofa contract or settlement entitling him \nor her to it. \nheir expectant. See expectant heir. \nheir in tail. See heir special. decedent. \nheir ofthe blood. (l6c) An heir who succeeds to an \nestate because of consanguinity with the decedent, \nin either the ascending or descending line. \nheir ofthe body. Archaic. A lineal descendant of the \ndecedent, excluding a surviving spouse, adopted \nchildren, and collateral relations. -'{he term of art \nheirs of the body was formerly used to create a fee \ntail <A conveys Blackacre to B and the heirs of his \nbody>. -Also termed bodily heir. [Cases: Descent \nand Distribution 017,21.] \nheir presumptive. (l7c) An heir who will inherit if \nthe potential intestate dies immediately, but who \nmay be excluded ifanother, more closely related heir \nis born. -Also termed presumptive heir. Cf. heir \napparent. [Cases: Descent and Distribution (:::::;68.] \nheirs and assigns. (16c) A term ofart formerly required \nto create a fee simple <A conveys Blackacre to Band \nhis heirs and assigns>. \nheir special. Hist. An heir who receives property \naccording to the nature ofthe estate held in fee tail. \nHeirs special were said to receive property performam \ndoni (\"by the form ofthe gift\"). Also termed heir in \ntail. [Cases: Descent and Distribution C-::>29.] \ninstituted heir. See testamentary heir. \nirregular heir. Hist. Louisiana law. A person or entity \nwho has a statutory right to take property from an \nestate in default of the testamentary or legal heirs. \n[Cases: Descent and Distribution 074.] \njoint heir. (16c) 1. A coheir. 2. A person who is or will \nbe an heir to both oftwo designated persons at the \ndeath ofthe survivor of them, the word joint being \nhere applied to the ancestors rather than the heirs. \nknown heir. (l6c) An heir who is present to claim an \ninheritance, the extent of which depends on there \nbeing no closer relative. \nlaughing heir. (1943) Slang. An heir distant enough to \nfeel no grief when a relative dies and leaves an inheri\ntance (generally viewed as a windfall) to the heir. \nlineal heir. (16c) A person who is either an ancestor \nor a descendant of the decedent, such as a parent or \na child. Cf. collateral heir. [Cases: Descent and Dis\ntribution 020.] \nnatural heir. (16c) An heir by consanguinity as dis\ntinguished from an heir by adoption or a statutory \nheir (such as a person's spouse). [Cases: Descent and \nDistribution C47(2).J \npresumptive heir. See heir presumptive. \npretermitted heir (pree-t;:Jr-mit-id). (1841) A child or \nspouse who has been omitted from a will, as when a \ntestator makes a will naming his or her two children \nand then, sometime later, has two more children who \nare not mentioned in the will. -Also termed (more \nspecif.) pretermitted child; pretermitted spouse. See \n\n793 \nPRETERMITTED-HEIR STATUTE. [Cases: Descent and \nDistribution \nprospective heir. (1855) An heir who may inherit but \nmay be excluded; an heir apparent or an heir pre\nsumptive. Cf. expectant heir. [Cases: Descent and Dis\ntribution C::c68.] \nright heir. 1. lUst. The preferred heir to an estate tail, \nas distinguished from a general heir. An estate tail \nwould pass to a general heir only on the failure ofthe \npreferred heir and his line. 2. HEIR (1). \ntestamentary heir (tes-td-men-td-ree or -tree). Civil \nlaw. A person who is appointed as an heir in the dece\ndent's wilL Also termed instituted heir. \nunconditional heir. Civil law. A person who chooses \nexpressly or tacitly -to inherit without any reserva\ntion or without making an inventory. Cf. beneficiary \nheir. \nheirdom. (Be) The state ofbeing an heir; succession by \ninheritance. \nheiress. (17c) 1. Archaic. A female heir. See HEIR (1). 2. A \nwoman or girl who has inherited or is in line to inherit \ngreat wealth. \nheir general. See HEIR (1). \nheir-hunter. A person whose business is to track down \nmissing heirs. \nheirless estate. See ESTATE (3). \nheirloom. (l5c) 1. An item ofpersonal property that by \nlocal custom, contrary to the usual legal rule, descends \nto the heir along with the inheritance, instead ofpassing \nto the executor or administrator ofthe last owner.  Tra\nditional examples are an ancestor's coat ofarms, family \nportraits, title deeds, and keys. Blackstone gave a false \netymology that many have copied: \"The termination, \nloom, is ofSaxon origin; in which language it signifies \na limb or member; so that an heirloom is nothing else, \nbut a limb or member of the inheritance.\" 2 William \nBlackstone, Commentaries on the Law ofEngland 427 \n(1766). In fact, loom derives from Old English geloma \n\"utensil,\" and loom meant \"implement, tool.\" 2. Popu\nlarly, a treasured possession ofgreat sentimental value \npassed down through generations within a family. \n\"Heirlooms, strictly so cailed, are now very seldom to be \nmet with. They may be defined to be such personal chattels \nas go, by force of a special custom, to the heir, along with \nthe inheritance, and not to the executor or administrator \nof the last owner. The owner of an heir loom cannot by \nhis will bequeath the heirloom, if he leave the land to \ndescend to his heir; for in such a case the force of custom \nwill prevail over the bequest, which, not coming into opera\ntion until after the decease of the owner, is too late to \nsupersede the custom .... In popular language the term \n'heir-loom' is generally applied to plate, pictures or articles \nof property which have been assigned by deed of settle \nment or bequeathed by will to trustees, in trust to permit \nthe same to be used and enjoyed by the persons for the \ntime being in possession. under the settlement or will, of \nthe mansionhouse in which the articles may be placed.\" \nJoshua Williams, Principles ofthe Law ofPersonal Property \n13-14 (11th ed. 1881). \nheir portioner. See PORTIONER. Heralds' College \nheirship. (l3c) 1. The quality or condition of being an \nheir. 2. The relation between an ancestor and an heir. \n[Cases: Descent and Distribution C::c20-41.J "}
{"text": "The relation between an ancestor and an heir. \n[Cases: Descent and Distribution C::c20-41.J \nhell-or-high-waterdause. (1980) A clause in a personal\nproperty lease requiring the lessee to continue to make \nfull rent payments to the lessor even ifthe thing leased \nis unsuitable, defective, or destroyed. [Cases: Bailment \nC::c20.J \nhell-or-high-water rule. (1960) 1. The principle that a \npersonal-property lessee must pay the full rent due, \nregardless of any claim against the lessor, unless the \nlessee proves unequal bargaining power or unconscio\nnability. [Cases: Bailment C'\"='20.J 2. Insurance. The \nprinciple that an insured's automobile-liability policy \nwill cover the insured while using a vehicle owned by \nanother if the insured uses the vehicle in a manner \nwithin the scope of the permission granted. [Cases: \nInsurance ~2662.1 \nhenceforth, adv. (l4c) From now on <the newly enacted \nrule will apply henceforth>. \nhenfare. Hist. A fine for flight from an accusation of \nmurder. \nHenricus Vetus (hen-n-bs vee-tas). [Law Latin] Henry \nthe Old (or Elder) .  This term was used in early English \ncharters to distinguish King Henry I from later kings \nofthe same name. \nheordpenny (h3rd-pen-ee), n. See PETER-PENCE. \nHepburn Act. A 1906 federal statute that amended \nthe Interstate Commerce Act to (1) increase the (now \ndefunct) Interstate Commerce Commission's jurisdic\ntion to include pipelines, (2) prohibit free pass~s except \nto employees, (3) prohibit common carriers from trans\nporting any products (except timber) in which they had \nan interest, and (4) require joint tariffs and a uniform \nsystem of accounts. [Cases: Carriers 32(1); \nCommerce C::c85.2.] \nheptarchy (hep-tahr-kee). 1. A government by seven \nrulers. 2. A nation divided into seven governments, \nspeci. the seven Anglo-Saxon kingdoms of Kent, \nSussex, Essex, Wessex, East Anglia, Mercia, and Nor\nthumbria existing before the Norman Conquest. \nherald, n. (l3c) 1. In England and Scotland, one of \nseveral officers responsible for keeping genealogical \nlists and tables, adjusting armorial bearings, and regu\nlating the ceremonies at royal coronations and funerals. \n There are six in England and three in Scotland. 2. \nHist. A messenger who announces royal or state proc\nlamations, and who carries diplomatic messages (esp. \nproclamations of war, peace, or truce) between kings \nor countries. \nHeralds' College. A royal corporation responsible in \nEngland for granting and recording armorial insignia \nand genealogies, and for dealing with matters of pre\ncedence. The College was founded by Richard III in \n1484, is governed by the Earl Marshal, and consists \nof three kings ofarms, six heralds, and four pursuiv\nants. The heralds' books, based on family-lineage \n\n794 herbage \ninquiries made throughout England, are considered \ngood evidence of pedigrees. The heralds' office is still \nallowed to make grants of arms and to grant name \nchanges. -Also termed College ofArms. \nherbage (har-bij). (lSc) In England, an easement or \nliberty of pasturage on another's land. \nherdwerch (hard-wdrk), n. Hist. Herdsmen's work, \nor customary labor, done by shepherds and inferior \ntenants at the lord's wilL Also spelled heordwerch. \nhereafter, adv. (bef. l2c) 1. From now on; henceforth \n<because ofthe highway construction, she will hereaf\nter take the bus to work>. 2. At some future time <the \ncourt will hereafter issue a ruling on the gun's admissi\nbilitv>. 3. HEREINAFTER <the exhibits hereafter referred \nto a~ Exhibit A and Exhibit B>. \nhere and there. See VALUE DATE. \nherebannum (her-d-ban-dm), n. [Law Latin fr. Old \nEnglish here \"army\" + bann \"proclamation\"] Hist. 1. \nA proclamation summoning the army into the field. \n2. A mulct or fine for not joining that army when \nsummoned. 3. A tax or tribute for the support of that \narmy. \nherebote (her-d-boht), n. [fro Old English here \"army\" + \nbod \"command\"] Hist. In England, a royal edict sum\nmoning the people to the battlefield; an edict com\nmanding subjects into battle. Also spelled herebode; \nhebote. \nhereby, adv. (l3c) By this document; by these very \nwords <I hereby declare my intention to run for public \noffice>. \nheredad (e-re-dahd), n. Spanish law. 1. An inheritance \nor heirship. 2. A piece ofland under cultivation; a cul\ntivated farm. \nheredad yacente (e-re-dad yah-sen-te). An inheritance \nnot yet accepted. See hereditas jacens under HEREDI\nTAS. \nheredero (e-re-der-oh), n. Spanish law. I. An heir or \nlegatee. 2. An owner ofa cultivated farm. \nheredes. See HERES. \nheredes a/ioqui successuri (hd-ree-deez ay-lee-oh-kwI \nsdk-ses-J-rr). [Latin] Hist. Heirs entitled otherwise to \nsucceed. -Also termed heredes alioquin success uri. \nheredes nati et facti (hd-ree-deez nay-ti et fak-u). [Latin] \nHist. Heirs born and made. \nheredes proximi (hJ-ree-deez prok-SJ-mI), n. [Latin] \nNearest or next heirs. \nheredes proximi et remotiores (hd-ree-deez prok-sd-mi \net ri-moh-shee-or-eez). [Latin] Hist. Heirs nearer and \nmore remote. \nheredes remotiores (ha-ree-deez ri-moh-shee-or-eez), n. \n[Latin] Heirs more remote; relatives other than children \nor descendants. \nheredipeta (he-rd-dip-d-td), n. [Law Latin] Hist. A leg\nacy-hunter; the seeker ofan inheritance. heredis institutio (hd-ree-dis in-sti-t[y]oo-shee-oh). See \nINSTITUTIO HEREDIS. \nhereditament (her-a-dit-;l-mdnt or hd-red-i-tJ-mJnt). \n(lSc) I. Any property that can be inherited; anything \nthat passes by intestacy. [Cases: Descent and Distri\nbution ~8.] 2. Real property; land. [Cases: Property \ncorporeal hereditament (kor-por-ee-dl). A tangible \nitem ofproperty, such as land, a building, or a fixture. \n[Cases: Fixtures Property~4.J \nincorporeal hereditament (in-kor-por-ee-al). An \nintangible right in land, such as an easement.  1he \nvarious types at common law were advowsons, annui\nties, commons, dignities, franchises, offices, pensions, \nrents, tithes, and ways. \n\"There are two quite distinct classes of incorporeal her \neditaments: 1. Those which may ripen into corporeal her\neditaments. Thus a grant to A for life with remainder to \nBin fee simple gave Ban incorporeal hereditament which \nbecomes corporeal after A's death. 2. Those which can \nnever become corporeal hereditaments but are merely \nrights over the land of another, e.g., rentcharges.\" Robert \nE. Megarry & M. P. Thompson, A Manual of the Law of Real \nProperty 361 (6th ed. 1993). \nhereditary, adj. (15c) Ofor relating to inheritance; that \ndescends from an ancestor to an heir. \nhereditary succession. See intestate succession under \nSUCCESSION (2). \nhereditas (ha-red-i-tas), n. [Latin] 1. Roman law. An \ninheritance by universal succession to a decedent.  \nThis succession applied whether the decedent died \ntestate or intestate, and whether in trust (ex fideicom\nmissa) for another or not. The comparable right under \nPraetorian law was bonorum possessio, possession of an \ninheritance that could be the basis of a right to succeed. \n2. Hist. An estate transmissible by descent; an inheri\ntance. Also spelled haereditas. \nhereditas damnosa (hd-red~i-tas dam-noh-sd). A bur\ndensome inheritance; an inheritance whose debts \nexceed its assets. \nhereditas jacens (hd-red-i-tas jay-senz). [Latin iaceo \n\"to lie\"] 1. Property belonging to an estate before an \nheir accepts it.  This term had a similar meaning at \ncommon law. See ABEYANCE (2). \n\"Hereditas jacens is the term applied to an inheritance \nwhich has not yet vested, an inheritance, that is to say, \nwhich has been 'delata' to a heres extraneus (i.e. vol un\ntarius), but has not yet been acquired by him.\" Rudolph \nSohm, The Institutes: A Textbook of the History and System \nof Roman Private Law 512 Uames Crawford Ledlie trans., \n3d ed. 1907). \n2. Hist. A decedent's estate that has no heir or legatee \nto take it; an escheated estate. -Also termed caduca. \nSee ESCHEAT. 3. Hist. An inheritance without legal \nowner and thus open to the first occupant. \nhereditas legitima (hd-red-i-tas ld-jit-i-md). A suc\ncession or inheritance devolving by operation oflaw \nrather than by wilL See INTESTACY. \nhereditas luctuosa (ha-red-i-tas ldk-choo-oh-sa). A \nsad or mournful inheritance; one that disturbs the \n\n795 \nnatural order of mortality (turbato ordine mortali\ntaUs), as that of a parent inheriting a child's estate. \nThis term is more literary than legal. Also termed \ntristis successio. \nhereditas paterna (h<)-red-i-tas p<)-t;lr-n<). [Latin] Hist. \nA succession that descends through the father. \nhereditas testamentaria (h<)-red-i-tas tes-t<)-men\ntair-ee-<). Testamentary inheritance; succession to \nan estate under a decedent's will. \nheredity. (l6c) 1. Archaic. Intestate succession; the taking \nof an inheritance by common-law succession. 2. The \ngenetic transmission of characteristics from a parent \nto a child; the biological law by which characteristics of \na living being tend to repeat themselves in the being's \ndescendants. \nherein, adv. (bef. 12c) In this thing (such as a document, \nsection, or paragraph) <the due-process arguments \nstated herein should convince the court to reverse the \njudgment>. _ This term is inherently ambiguous. \nhereinafter, adv. (16c) Later in this document <the buyer \nagrees to purchase the property described hereinaf \nter>. -Also loosely termed hereafter. \nherenach (her-<)-nak), n. [fro Old Irish airchinnich \"chief \nman\"] An archdeacon. -Also spelled erenach. \nhereof, adv. (bef. 12c) Of this thing (such as a provi\nsion or document) <the conditions hereof are stated \nin section 3>. \nheres (heer-eez), n. [Latin] Roman law. A successor to \nthe rights and liabilities of a deceased person; an heir. \n-Because the heres succeeded to both the rights and \nthe debts of the decedent, the office combined that ofa \nmodern executor with that of an heir at law. The insti\ntution of the heres was the essential characteristic of \na testament; if this was not done, the instrument was \ncalled a codicil/us. Also spelled (in Law Latin) haeres. \nPl. heredes (hi:l-ree-deez) or (for haeres) haeredes. \nheres actu (heer-eez ak-t[y]oo). [Law Latin] Hist. Heir \nby appointment. \nheres astrarius (as-trair-ee-<)s). [Law Latin \"heir ofthe \nhearth\"] An heir who has received, by conveyance, an \nancestor's estate during the ancestor's lifetime. \nheres de facto (di fak-toh). fLaw Latin \"heir from fact\"] \nHist. 1. An heir whose status arises from the disseisin \nor other wrongful act of the heir's ancestor. See DIS\nSEISIN. 2. An heir in fact, as distinguished from an \nheir by law (de jure). \nheres ex asse (as-ee). [Latin \"sole heir\"] Roman law. An \nheir to the whole estate. \nheres ex testamento (eks tes-ti:l-men-to). See heres \nfactus. \nheres extraneus (ek-stray-nee-i:ls). [Latin \"extraneous \nheir\"] Roman law. An external heir; one who had not \nbeen subject to the testator's power (potestas) and \nhence not bound to accept the inheritance. PI. heredes \nextranei (h<)-ree-deez ek-stray-nee-r). heretofore \nheres factus (fak-t<)s). [Latin \"made heir\"] An heir \nappOinted by will; a testamentary heir. Also termed \nheres ex testamento; heres institutus. Cf. heres natus. \nheres fideicommissarius (fI-dee-r -kom -<)-sair-ee-<)s). \n[Latin] Roman law. The person for whose benefit an \nestate was given by will to a fiduciary heir. -This \noffice corresponds loosely to the cestui que trust ofthe \ncommon law. Cf. heres fiduciarius. \nheres fiduciarius (fi-d[y]oo-shee-air-ee-i:ls). [Latin \n\"fidu"}
{"text": "uciarius (fi-d[y]oo-shee-air-ee-i:ls). [Latin \n\"fiduciary heir\"] Roman law. A person made heir by \nwill, in trust for the benefit ofanother; an heir subject \nto a trust. Cf. heres fideicommissarius. \nheres in mobilibus (heer-eez in moh-bil-i-b;}s). [Law \nLatin] Hist. Heir in movables. \nheres institutus (in-sti-t[y]oo-t<)s). See heres factus. \nheres legitimus (li:l-jit-i-m<)s). [Latin \"lawful heir\"] \nRoman law. An heir entitled to succeed (on intestacy) \nby the laws ofthe Twelve Tables. \nheres natus (nay-t<)s). [Latin \"heir by birth\"] An heir \nby reason ofbirth; an heir at law or by intestacy. Cf. \nheres factus. \nheres necessarius (nes-<)-sair-ee-<)s). [Latin \"necessarv \nI heir\"] Roman law. A slave freed on the testator's death \n, and thus compelled to accept the inheritance. \ni heres rectus (rek-ti:ls). [Law Latin] Hist. A right or \nproper heir. \nheres suus (s[y]oo-<)s). [Latin \"one's own heir\"] 1. A \ndecedent's proper or natural heir; a lineal descendant \nofthe deceased. 2. Roman law. A free person who was \nsubject to the testator's power (potestas) but who could \nexercise full legal rights upon the testator's death. \nheres suus etnecessarius (s[y]oo-<)s et nes-<)-sair-ee-<)s). \n[Latin \"one's own and necessary heir\"] A free person \nsubject to the decedent's potestas. -These heirs were \ncalled necessary because they became heirs by law, not \nby the decedent's choice. But since this was also true \nofslaves, when named heirs in a will, the former class \nwas deSignated suus et necessarius by way ofdistinc\ntion, the word suus denoting that the necessity arose \nfrom the relationship to the decedent. \nultimus heres (;ll-ti-mas). The last or remote heir; the \nlord. \nheresy (her-<)-see), n. (l3c) 1. Opinion or doctrine \ncontrary to (usu. Roman Catholic) church dogma. 2. \nHist. In England, an offense against religion, consist\ning not in totally denying Christianity, but in publicly \ndenying some of its essential doctrines; an opinion on \ndivine subjects devised solely by human reason, openly \ntaught, and obstinately maintained. _ This offense is \nnow subject only to ecclesiastical correction and is \nno longer punishable by the secular law. heretical, I \nadj. \nhereto, adv. (12c) To this document <the exhibits are \nattached hereto>. \nheretofore, adv. (l3c) Up to now; before this time <a \nquestion that has not heretofore been decided>. \n\n796 hereunder \nhereunder, adv. (15c) 1. Later in this document <review \nthe provisions hereunder before signing the consent \nform>. 2. In accordance with this document <notice \nhereunder must be provided within 30 days after the \nloss>. \nherewith, adv. (bef. 12c) With or in this document \n<enclosed herewith are three copies>. \nherezeld. Hist. In a feudal system, a vassal's best animal \n(esp. the best horse, ox, or cow), given in tribute to \nthe superior upon the vassal's death. Also spelled \nhereyeld; herield. \nherield. See HEREZELD. \nheriot (her-ee-at), n. [fro Old English here \"army\" + \ngeatwa \"trappings\"] Hist. A customary tribute ofgoods \nand chattels, payable to the lord of the fee on the tenant's \ndeath. Heriot derives from an earlier feudal service \nconsisting of military equipment returned to the lord \non the tenant's death; over time it came to refer only to \nthe chattel payment due at the tenant's death. \n\"We are told that the ancient heriot (heregeatu, military \napparel) had at one time consisted ofthe horses and arms \nlent by the lord to his man which on the man's death were \nreturned to the lord .... Turning to manorial surveys, \nwe find it among the commonest of customs that when \na tenant in villeinage dies, the lord shall have the best \nbeast; sometimes a similar due is taken from the goods of \nthe dead freeholder, and it is to these customary dues that \nthe name 'heriot' permanently attaches itself.\" 1 Frederick \nPollock & Frederic W. Maitland, The History ofEnglish Law \nBefore the Time ofEdward 1312,317 (2d ed. 1898). \nheriot custom. A heriot due by custom . This term is \nused primarily to distinguish a heriot service from an \nordinary heriot. \nheriot service. A tribute arising from special reserva\ntion in a grant or lease oflands, and thus amounting \nto little more than rent. \nherislit (her-a-sleet or hair-), n. [Old English] Hist. 1. The \nact ofsurrendering; laying down ofarms. 2. The crime \nofdeserting from an army. \nheritable (her-i-ta-b;Jl), adj. (14c) 1. (Of property) capable \nof being inherited. [Cases: Descent and Distribution \n(;:~~~8.] 2. (Of a person) capable of inheriting. Also \ntermed inheritable. [Cases: Descent and Distribution \nheritable blood. See BLOOD. \nheritable bond. See BOND (2). \nheritable jurisdiction. Hist. Scots law. The power of a \nlaird to try his own people and hand down punish\nments, including death . The laird or dan chief tradi\ntionally acted as a supreme court. There was no appeal \nfrom decisions and sentences were usu. carried out \nimmediately. The Heritable Jurisdiction Act of 1748 \nabolished this power. \nheritable obligation. See OBLIGATION. \nheritable property. Scots law. See HERITAGE. \nheritable security. See SECURITY. \nheritage (her-i-tij), n. Scots law. Property that passed on \ndeath to the owner's heir; esp., land and all the property connected to it (such as a house). Also termed heri\ntable property. \nHer Majesty's Stationery Office. See STATIONERY \nOFFICE. \nhermeneutics (h<lr-m;J-n[y]oo-tiks), n. (I8c) The art of \ninterpreting texts, esp. as a technique used in critical \nlegal studies. hermeneutical, hermeneutic, adj. \nHermogenian Code. See CODEX HERMOGENIANUS. \nhesia (hee-zhee-a or hee-shee-a), n. [Law Latin] An \neasement. \nhetaerarcha (het-ar-ahr-b), n. [Greek hetaera \"asso\nciation\" + archein \"to rule\"] Roman law. The head of a \nsociety, corporation, or college. \nhetaeria (ha-teer-ee-a), n. [Greek \"association\"] Roman \nlaw. A society, guild, or college; a fraternity. Also \ntermed (in English) hetaery. \nheterologous, adj. Patents. Of, relating to, or constituting \nthe DNA ofa foreign organism. \nheterologous artificial insemination. See artificial \ninsemination by donor under ARTIFICIAL INSEMINA\nTION. \nheuristic (hyuu-ris-tik), adj. (1821) Ofor relating to a \nmethod oflearning or problem-solving by using trial\nand-error and other experimental techniques <heuris\ntic discovery methods>. \nHEW. abbr. The Department of Health, Education, \nand Welfare, a former agency of the U.S. government \ncreated in 1953. When the Department ofEducation \nwas created in 1979, the name of HEW was changed \nto the Department of Health and Human Services \n(HHS). \nHeydon's case, rule in. See MISCHIEF RULE. \nHGN test. abbr. HORIZONTAL-GAZE NYSTAGMUS TEST. \nHHS. abbr. DEPARTMENT OF HEALTH AND HUMAN \nSERVICES. \nhiatus. Patents. A gap between the time when a parent \napplication ceases to be pending (by abandonment or \nissuance) and the time a continuing application is filed. \n A hiatus breaks the chain ofcontinuity, so that later \napplications are not entitled to the effective filing date \nof the parent application. Cf. CONTINUITY (2). [Cases: \nPatents (;:::> 110.] \nhidage (hId-ij), n. Hist. A tax, payable to the Crown, \nbased on every hide of land. -Also spelled hydage. \nSee HIDE. \n\"Of the same nature with scutages upon knights'-fees were \nthe assessments of hydage upon all other lands, and of \ntalliage upon cities and burghs. But they all gradually fell \ninto disuse, upon the introduction of subsidies, about the \ntime of king Richard II and king Henry IV.\" 1 William Black\nstone, Commentaries on the Laws ofEngland 300 (1765). \nhidalgo (hi-dal-goh or ee-dahl-goh), n. [fro Spanish hijo \n\"son\" + algo \"property\"] In Spain, a man belonging to \nthe lower nobility; a gentleman of property. \nhidalguia (ee-dahl-gee-ya), n. [Spanish] In Spain, \nnobility by descent or lineage. \n\n797 \nHIDC. abbr. HOLDER IN DUE COURSE. \nhidden asset. See ASSET. \nhidden defect. See DEFECT. \nhidden fraud. See fraudulent concealment under CON~ \nCEALMENT. \nhidden tax. See TAX. \nhide, n. Hist. (bef. 12c) 1. In England, a measure of \nland consisting in as much as could be worked with \none plow, variously estimated as from 30 to 120 acres \nbut probably determined by local usage . A hide was \nanciently employed as a unit oftaxation. Cf. CARUCATE. \n2. As much land as would support one family or the \ndwellers in a mansion~house. -Also termed (in senses \n1 & 2) hide land. 3. A house; a dweIling~house. \nhidegild (hId-gild), n. [Old English] Hist. A sum ofmoney \npaid by a villein or servant to avoid a whipping. -Also \nspelled hidgild; hydegeld; hudegeld. \nbidel (hId~;}1 or hid-all, n. [Old English] Hist. A hiding-\nplace; a place of protection or sanctuary. \nhide land. 1. See HIDE (1). 2. See HIDE (2). \nhigh bailiff. See BAILIFF. \nHigh Commission Court. See COURT OF HIGH COMMIS\nSION. \nHigh Court. L See HIGH COURT OF JUSTICE. 2. See HIGH \nCOURT OF JUSTICIARY. \nHigh Court ofAdmiralty. In England, a court exercis\ning jurisdiction in matters relating to shipping, colli~ \nsian, and salvage cases . The court dates from the 14th \ncentury, and much of its early history concerns prize \nand piracy cases. Its jurisdiction varied through the \ncenturies, sometimes extending into criminal matters \nand other areas oflaw not related directly to maritime \nissues. The Judicature Acts of 1873-1875 merged the \nCourt into the High Court as part of the Probate, \nDivorce, and Admiraltv Division. The Administra\ntion ofJustice Act of 1970 established a new Admi\nralty Court as part ofthe Queen's Bench Division ofthe \nHigh Court. It is regulated by the Supreme Court Act of \n1981. Also termed Court ofthe Lord High Admiral; \nCourt ofAdmiralty. Cf. ADMIRALTY (1). \n\"To the office of the Lord High Admiral (originally a naval \nofficial concerned with the command of the fleet and the \nsuppression of piracy and wrecking) there was annexed \na court which acquired a jurisdiction over civil cases of \na maritime nature. Just how and when this happened is \ntoo cloudy and controversial for simple or even accurate \nsummary, but by the time of Richard II (1377~1400) the \nadmiral and vice~admiral were transacting enough judicial \nbusiness to move Parliament to limit their jurisdiction by \nstatute to 'a thing done upon the sea,' and in Tudor times \nthe court was well established as a court of record, doing \na large civil business. It slowly but surely took away most \nof their business from the local maritime courts in the \nport towns, and attracted the easily aroused jealousy of \nthe common law courts, as well as the dislike of those who \nfeared it as a prerogative court .... These factors resulted \nin the rather anticlimactic eclipse of the court for almost \ntwo centuries.\" Grant Gilmore & Charles L. Black Jr., The \nLaw ofAdmiralty  1~4, at 9~10 (2d ed. 1975). high-probability rule \nHigh Court ofChivalry. Hist. A court of honor having \njurisdiction over matters relating to deeds ofarms and \nwar, armorial insignia, and precedence. Also termed \nCourt ofChivalry; Court ofEarl Marshal. See COURT \nOF HONOR. \n\"This Curia Marescalli, or High Court of Chivalry, was \nrevived by James I as a court of honour, which not only \ntried the right to distinctions of honour and coat armour \nbut also redressed affronts to honour such as slander. \nThe slander jurisdiction was later denied, leaving it with \najurisdiction probably confined to disputes over armorial \nbearings, which are determined according to the law of \narms. The court, which has only sat once since 1737, is \nthe last English court to use the procedure of the civil law:' \nJ.H. Baker. An Introduction to English Legal History 142 (3d \ned. 1990). \nHigh Court ofDelegates. See COURT OF DELEGATES. \nHigh Court of Errors and Appeals. See COURT OF \nERRORS AND APPEALS. \nHigh Court ofJustice. The superior dvil court ofEngland \nand Wales. -Often shortened to High Court"}
{"text": "ALS. \nHigh Court ofJustice. The superior dvil court ofEngland \nand Wales. -Often shortened to High Court. \nHigh Court of Justiciary (j;}-stish-ee-er~ee). Scots law. \nThe superior criminal court ofScotland, acting both as \na trial court and as a court offinal criminal appeaL -Its \njudges are Lords Commissioners ofJusticiary. -Often \nshortened to High Court. \nhigh crime. See CRIME. \nhigh degree ofcare. See great care under CARE. \nhigh diligence. See great diligence under DILIGENCE. \nhigher court. See court above under COURT. \nhigher scale. See SCALE (4). \nhighest and best use. See USE (1). \nhighest court. See COURT. \nhighest degree ofcare. See CARE. \nhighest proved value. See VALUE (2). \nhigh flier. Slang. A security that has strongly attracted \npublic interest so that investors pay an unusually high \nprice. \nhighgrade, vb. 1. To steal rich ore, as from a mine by \na miner. 2. To mine only esp. valuable ore (such as \ngold). \nhigh-grade security. See SECURITY. \nhigh justice. See rUSTICE (3). \nhigh-low agreement. (1980) A settlement in which \na defendant agrees to pay the plaintiff a minimum \nrecovery in return for the plaintiffs agreement to accept \na maximum amount regardless of the outcome of the \ntrial. Also termed hilo settlement. [Cases: Compro\nmise and Settlement c-'104.] \nhighly prudent person. See REASONABLE PERSON. \nhigh-managerial agent. See AGENT (2). \nhigh misdemeanor. See MISDEMEANOR. \nhigh-probability rule. Marine insurance. The princi~ \npIe that an insured may abandon a vessel if it appears \nextremely likely that a total loss is imminent. [Cases: \nInsurance C::>2237.] \n\n798 high seas \nhigh seas. See SEA. \nhigh sheriff. See SHERIFF (1). \nhigh-test marriage. See covenant marriage under \nMARRIAGE (1). \nhigh treason. See TREASO:-.l. \nhigh-water line. See high-water mark under WATER\nMARK. \nhigh-water mark. See WATER MARK. \nhighway. (bef. 12c) 1. Broadly, any main route on land, \non water, or in the air. 2. A free and public roadway \nor street that every person may use. [Cases: Highways \n\"Every thoroughfare which is used by the public, and is, \nin the language of the English books, 'common to all the \nking's subjects,' is a highway, whether it be a carriage \nway, a horse-way, a foot-way, or a navigable river. It is, \nsays Lord Holt, the genus of all public ways.\" 3 James Kent, \nCommentaries on American Law *432 (George Comstock \ned., 11th ed. 1866). \n3. The main public road connecting towns or cities. 4. \nThe entire width between boundaries of every publicly \nmaintained way when part is open to public use for \npurposes ofvehicular traffic. \ncommon highway. A highway for use by the public for \nany purpose of transit or traffic. \npublic highway. A highway controlled and maintained \nby governmental authorities for general use. [Cases: \nHighways (;:;018.] \nhighway act. (usu. pl.) One of a body of statutes gov\nerning the laying out, construction, repair, and use \nof highways. Also termed highway law. [Cases: \nHighways C::>21.] \nhighwayman. (17c) A highway robber; a person who robs \non a public road. \nhighway rate. Hist. In England, a tax for the mainte\nnance and repair ofhighways. \nhighway robbery. See ROBBERY. \nhighway tax. See TAX. \nhigh-yield bond. See BOND (3). \nhigh-yield debt obligation. See high-yield bond under \nBOND (3). \nhiguela (ee-gay-Iah), n. Spanish law. A receipt given by a \ndecedent's heir, setting forth what property the heir has \nreceived from the estate, and kept as a record. \nhijack, vb. (1923) 1. To commandeer (a vehicle or \nairplane), esp. at gunpoint. See CARJACK; SKYJACK. 2. \nTo steal or rob from (a vehicle or airplane in transit). \n[Cases: Aviation C::;; 16; Robbery C::;;1.] 3. Hist. To rob \nby trickery or violence; esp., to rob (a smuggler or boot\nlegger) and take illegal goods. \nHilary Rules. (l9c) Hist. A collection of English pleading \nrules designed to ease the strict pleading require\nments of the special-pleading system, esp. by limiting \nthe scope of the general issue in the formed actions \nand by forCing the defendant to set up affirmatively \nall matters other than a denial ofthe breach ofduty or of the wrongful act. -Promulgated in England in the \n1834 Hilary Term, these rules followed an 1828 initia\ntive to examine procedural laws and other subjects and \nto report to Parliament changes that might be enacted. \nThe rules had the unintended effect of extending the \nreach ofstrict-pleading requirements into new areas of \nlaw. Widespread dissatisfaction with the Hilary Rules \nled to the liberalization of the pleading system under \nthe 1873-1875 Judicature Acts. -Formerly also termed \nNew Rules. \n\"The failure of the Hilary Rules ... lay in their insistence on \nspecial pleading as it was understood late in the eighteenth \ncentury. That parties should plead precisely, and clarify \nas far as possible the issue between them, is one thing; \nthat their endeavours to do so should be judged by the \nextremely artificial standards of the old system, was quite \nanother.\" Theodore F.T. Plucknett, A Concise Hlstorv of the \nCommon Law416 (5th ed. 1956). \nHilary sittings. In England, a term of court beginning \non January 11 ofeach year and ending on the Wednes\nday before Easter. _ The Hilary sittings were known as \nHilary term until 1875. Cf. EASTER SITTINGS; MICHAEL\nMAS SITTINGS; TRINITY SITTINGS. \nhilo settlement. See HIGH-LOW AGREEMENT. \nHilton doctrine. Civil procedure. The rule that in a \ndispute between parties to an oil-and-gas lease, royalty \nowners who would lose their rights if the defendant's \nlease were terminated are regarded as indispensable \nparties to a proceeding challenging the lease. Hilton \nv. Atlantic Refining Co., 327 F.2d 217 (5th Cir. 1964). \n[Cases: Mines and Minerals C=>78.7(2).] \nHimalaya clause. Maritime law. A provision in a bill of \nlading extending the carrier's defenses and limitations \nunder the Carriage of Goods by Sea Act to third parties, \ntypically employees, agents, and independent contrac\ntors. -The Supreme Court has held that this type of \nclause must be strictly construed. Robert C. Herd & \nCo. v. Krawilllviachinery Corp., 359 U.S. 297, 79 S.Ct. \n766 (1959). See CARRIAGE OF GOODS BY SEA ACT. [Cases: \nShipping C::;;, 140(1).] \n\"The plaintiff was injured while a passenger on the cruise \nship The Himalaya. She sued the master and the boatswain \nfor their negligence because the carrier was contractually \nexempt from all liability. Because the contract did not have \na 'Himalaya clause,' she succeeded. The carrier, having \nindemnified its employees, ultimately paid the damages. \nIt thus lost its contractual exemption indirectly.\" Michael \nJ. Sturley, International Uniform Law in National Courts, 27 \nVa.j. Int'l L. 729, 740 n.lOl (1987). \nhinc inde (hink in-dee). [Law Latin] Scots law. On either \nside. _ The phrase usu. refers to the respective claims \nof parties to a lawsuit. \nhine (hIn), 11. Hist. In England, a husbandry servant. \nAlso spelled hind. \nhinefare (hIll-fair), n. Hist. In England, the loss or depar\nture of a servant from the master. \nhinegeld (hIn-geld), n. Hist. A ransom for an offense \ncommitted by a servant. \nHIPAA (hip-;.}), abbr. HEALTH INSURANCE PORTABILITY \nAND ACCOUNTABILITY ACT. \n\n799 \nhipoteca (ee-poh-tek-ah), n. Spanish law. A mortgage of \nreal property. See HYPOTHECATION. \nhire, vb. (bef. 12c) 1. To engage the labor or services of \nanother for wages or other payment. 2. To procure the \ntemporary use of property, usu. at a set price. 3. To \ngrant the temporary use of services <hire themselves \nout>. \nhired gun. (1971) Slang. 1. An expert witness who testi\nfies favorably for the party paying his or her often \nbecause of that financial relationship rather than \nbecause of the facts. 2. A lawyer who stops at nothing \nto accomplish the client's goals, regardless of moral \nconsequences. \nhireling, n. A person who is hired or serves for wages, \nesp. one who works only for the sake of payments. \n[Cases: Labor and Employment ~23.] \nhire-purchase agreement. See LEASE-PURCHASE AGREE\nMENT. \nhiring. See LOCATIO. \nhiring at wilL See employment at will under EMPLOY\nMENT. \nhis. (bef. 12c) A possessive pronoun of the masculine \ngender but traditionally used and construed to include \nboth sexes. Because of the trend toward nonsexist \nlanguage, careful drafters now tend to avoid the generic \nuse of his (and the personal pronouns he and him) \nunless the reference is only to a male person. \nHis Honor; Her Honor. (1827) L A third-person title \ncustomarily given to a judge. 2. A third-person title \ncustomarily given to the mayor of a city. 3. A third\nperson title given by the Massachusetts Constitution \nto the lieutenant governor of the commonwealth. Cf. \nYOUR HONOR. \nhis testibus (his tes-td-bds). [Law LatinI Hist. These \nbeing witnesses . The concluding clause of deeds and \ncharters typically opened with these words, which \nstated the names of the witnesses to the instrument. \nThis clause appeared in deeds and charters until \nthe 16th century. -Also spelled hijs testibus; hiis \ntestibus. \nhistorian. Parliamentary law. An officer charged with \ncompiling or contributing to an organization's official \nhistory. \nhistorical cost. See acquisition cost (1) under COST (1). \nhistorical jurisprudence. See JURISPRUDENCE. \nhistoric bay. See BAY. \nhistoric-preservation law. An ordinance prohibiting \nthe demolition or exterior alteration ofcertain historic \nbuildings or of all buildings in a historic district. [Cases: \nEnvironmental Law C=.::>61-103.] \nhistoric site. A building, structure, area, or property that \nis Significant in the history, architecture, archaeology, \nor culture of a country, state, or city, and has been so \ndeSignated by statute. _ A historic site usu. cannot \nbe altered without the permission of the appropriate \nauthorities. [Cases: Environmental Law (;-=>78.] hodgepodge act \nhit, n. (bef. 12c) 1. A physical strike. 2. Criminal law. \nA murder committed for money or on orders from a \ngang leader. 3. Criminal law. An instance ofthe taking \nofa drug. 3. Intellectual property. A Single instance of \na computer's connection to a Web page . Counters \nkeep track of how many visitors a Web page attracts, \nand a large number of hits is a major selling point for \nadvertising. 4. Intellectual property. A Web page identi\nfied by an Internet search engine as containing words \nmatching a user's query. 5. A creative work that is a \npopular or a commercial Sllccess. \nhit-and-run statute. A law requiring a motorist involved \nin an accident to remain at the scene and to give certain \ninformation to the police and others involved. [Cases: \nAutomobiles ~336.] \nhitherto, adv. (l3c) Until now; heretofore. \nH.L. abbr. HOUSE OF LORDS. \nHLA test. See HUMAN-LEUKOCYTE ANTIGEK TEST. \nHMO. abbr. HEALTH-MAINTENANCE ORGANIZATION. \nhoard, vb. (bef. 12c) To acquire and hold (goods) beyond \none's reasonable needs, usu. because of an actual or \nanticipated shortage or price increase <hoarding food \nand medical supplies during wartime>. \nhohbler. Hist. In England, a light horseman or bowman; \na tenant bound by his tenure to maintain a small light \nhorse for military service. \nHobbs Act. A federal anti-racketeering act making it a \ncrime to interfere with interstate commerce by extor\ntion, robbery, or phYSical violence. 18 USCA  1951. \nSee RACKETEER INFLUENCED AND CORRUPT ORGANI\nZATIONS ACT. [Cases: Extortion and Threats \nRobbery ~1.] \nhobby loss. See LOSS. \nhoc. [Latin] This; with; by; in. \nhoc intuitu (hok in-t[y]oO-;}-t[y]oo). [Law Latin] Scots \nlaw. In this prospect. -The phrase appeared in refer\nence to deeds executed in expectation ofan event, such \nas a marriage. \nhoc loco (hok loh-koh). [Law Latin] Hist. In this place. \nhoc nomine (hok nahm-<l-nee). [Law Latin] Hist. In this \nname. \nhoc ordine (hok or-di-nee). [Law Latin] Jlist. In this \norder. \nhoc titulo (hok tit-Y<l-loh ortich-d-loh). [Law Latin] Hist. \nUnder this title. \n"}
{"text": "ok tit-Y<l-loh ortich-d-loh). [Law Latin] Hist. \nUnder this title. \nhodgepodge. (l5c) 1. HOTCHPOT (1). 2. An unorganized \nmixture. \nhodgepodge act. (1883) A statute that deals with incon\ngruous subjects. \n\"Hodge-Podge Act. ... Such acts, besides being evident \nproofs of the ignorance of the makers of them, or of their \nwant of good faith, are calculated to create a confusion \nwhich is highly prejudicial to the interests ofjustice, ... \nIn many states bills, except general appropriation bills, \ncan contain but one subject, which must be expressed in \nthe title.\" 1 John Bouvier, Bouvier's Law Dictionarv 1444 \n(8th ed. 1914). \n\n800 hold \nhold, n. l. An order to preserve something or to delay or \npostpone an action. \nlitigation hold. A notice issued in anticipation of \na lawsuit or investigation, ordering employees to \npreserve documents and other materials relevant to \nthat lawsuit or investigation. [Cases: Federal Civil \nProcedure \n2. Archaic. In England, tenure . This word occurs \nmost often in conjunction with others -for example, \nfreehold, leasehold and rarely in its separate form. \nSee HOLDING (4). \nhold, vb. (bef. 12c) 1. To possess by a lawful title <Sarah \nholds the account as her separate property>. 2. (Of \na court) to adjudge or decide as a matter of law (as \nopposed to fact) <this court thus holds the statute to \nbe unconstitutional>. Cf. FI!'ID. 3. To direct and bring \nabout officially; to conduct according to law <we must \nhold an election every two years>. 4. To keep in custody \nor under an obligation <I will ask the judge to hold you \naccountable>. 5. To take or have an estate from another; \nto have an estate on condition of paying rent or per\nforming service <James holds Hungerstream Manor \nunder lease>. 6. To conduct or preside at; to convoke, \nopen, and direct the operations of <Judge Brown holds \ncourt four days a week>. 7. To possess or occupy; to be \nin possession and administration of <Jones holds the \noffice of treasurer>. \nholdback, n. An amount withheld from the full payment \nof a contract pending the other party's completion \nof some obligation, esp. to ensure that a contractor \nfinishes the work agreed on beforehand. The terms \nof a holdback are typically expressed in the contract. \nThe device gives the contractor an incentive to finish \nthe work, and the other party security that the work \nwill be finished. hold back, vb. \nholder. (14c) 1. A person who has legal possession of \na negotiable instrument and is entitled to receive \npayment on it. [Cases: Bills and Notes G-~427(1).] 2. \nA person with legal possession of a document of title \nor an investment security. 3. A person who possesses \nor uses property. \nholder for value. (I8c) A person who has given value \nin exchange for a negotiable instrument.  Under the \nUCC, examples of \"giving value\" include acquiring a \nsecurity interest in the instrument and accepting the \ninstrument in payment of an antecedent claim. UCC \n 3-303(a). -Also termed bona fide holder for value. \n[Cases: Bills and Notes G-~352.1 \nholder in due course. (1882) A person who in good \nfaith has given value for a negotiable instrument that \nis complete and regular on its face, is not overdue, and, \nto the possessor's knowledge, has not been dishonored. \n Under UCC  3-305, a holder in due course takes the \ninstrument free of all claims and personal defenses, \nbut subject to real defenses. -Abbr. HDC; HIDe. \nAlso termed due-course holder. [Cases: Bills and Notes \nP327-384.] holder in good faith. (18c) One who takes property or \nan instrument without knowledge of any defect in its \ntitle. \nholder of record. See STOCKHOLDER OF RECORD. \nhold harmless, vb. (18c) To absolve (another party) from \nany responsibility for damage or other liability arising \nfrom the transaction; INDEMNIFY. -Also termed save \nharmless. [Cases: IndemnityP25, 31(4).] \nhold-harmless agreement. (1939) A contract in which \none party agrees to indemnify the other. Also termed \nsave-harmless agreement. See INDEMNITY. [Cases: \nIndemnity (>~)25-33.1 \nhold-harmless clause. See INDEMNITY CLAUSE. \nholding, n. (15c) 1. A court's determination of a matter of \nlaw pivotal to its decision; a principle drawn from such \na decision. Cf. OBITER DICTUM. [Cases: Courts (;=:>88.] \n2. A ruling on evidence or other questions presented \nat trial. 3. (usu. pl.) Legally owned property, esp. land \nor securities. 4. Hist. In feudal law, tenure. \nholding cell. See JAIL. \nholding charge. (1949) A criminal charge of some minor \noffense filed to keep the accused in custody while pros\necutors take time to build a bigger case and prepare \nmore serious charges. \nholding company. See COMPA~Y. \nholding-company tax. See TAX. \nholding over. 1. A tenant's action in continuing to occupy \nthe leased premises after the lease term has expired. \n Holding over creates a tenancy at sufferance, with \nthe tenant being referred to as a holdover. See tenancy \nat sufferance under TENANCY. [Cases: Landlord and \nTenant (>:;;:090, 119(2).] 2. Parliamentary law. An offi\ncer's continued tenure beyond the term for which he or \nshe was elected, usu. because a successor has not been \nelected or cannot yet assume the office. \nholding period. (1935) Tax. The time during which a \ncapital asset must be held to determine whether gain \nor loss from its sale or exchange is long-term or short \nterm. [Cases: Internal Revenue 0.:::>3260; Taxation \n3465-3469.] \nholding zone. See ZONE. \nhold order. (1945) A notation in a prisoner's file stating \nthat another jurisdiction has charges pending against \nthe prisoner and instructing prison officials to alert \nauthorities in that other jurisdiction instead of releas\ning the prisoner. \nhold out, vb. (16c) I. To represent (oneself or another) \nas having a certain legal status, as by claiming to be an \nagent or partner with authority to enter into transac\ntions <even though he was only a promoter, Schwartz \nheld himself out as the principal>. [Cases: Principal \nand Agent P99.] 2. To refuse to yield or submit; to \nstand firm <Womack held out for a higher salary and \nbetter benefits>. \nholdover clause. See TRAILER CLAUSE. \n\nholdover tenancy. See tenancy at sufferance under \nTENA:-.1CY. \nholdover tenant. See TENANT. \nhold pleas. Archaic. To hear or try cases. \nholdup. See STICKUP. \nholiday. See LEGAL HOLIDAY. \nholograph (hol-<l-graf), n. (17c) A document (such as \na will or deed) that is handwritten by its author. \nThe majority rule is that a holographic will need not \nbe entirely handwritten -only the \"material provi\nsions\" to take into account the popular use of fill\nin-the-blank will forms. This is also the position of the \nUniform Probate Code. -Also termed olograph; auto\ngraph. Cf. ONOMASTIC; SYMBOLIC. [Cases: Wills \n130-135.]- holographic, adj. \nholographic will. See WILL. \nholymote. See HALLMOTE (4). \nhomage (hom-ij). (14c) In feudal times, a ceremony that \na new tenant performed for the lord to acknowledge \nthe tenure. _ This was the most honorable service that \na free tenant might do for a lord. In the ceremony, \nkneeling before the lord, the tenant placed his hands \nbetween the lord's hands while saying, \"I become your \nman from this day forward, oflife and limb and earthly \nhonor, and to you will be faithful and loyal, and bear \nyou faith, for the tenements that I claim to hold ofyou, \nsaving the faith that lowe unto our sovereign lord the \nking, so help me God.\" \n\"Homage is an oath of fidelity, acknowledging himself to be \nthe lord's man: wherein the tenant must be ungirt, uncov \nered, kneel upon both knees, and hold both his hands \ntogether between the lord's hands Sitting before him. This \nis to be done only to the lord himself.\" Sir Henry Finch, Law, \nor a Discourse Thereof143 (1759). \nhomage ancestral (hom-ij an-ses-tr<ll). [Law French] \nA type ofhomage in which a tenant and the tenant's \nancestors have held immemorially ofanother by the \nservice ofhomage. -This long-standing relationship \nbound the lord to warrant the title and to hold the \ntenant clear of all services to superior lords. -Also \nspelled homage auncestral (aw-mahzh on-se-stral). \nhomage liege (hom-ij leej). Homage due the sovereign \nalone as supreme lord, done without any saving or \nexception ofthe rights ofother lords. Also termed \nhomagium ligium (h<l-may-jee-<lm II-jee-dm). \nhomage jury. See JURY. \nhomagio respectuando (h<l-may-jee-oh ri-spek-choo-an\ndoh), n. [Law Latin \"homage to the respected\"] Hist. A \nwrit to the escheator commanding the delivery ofseisin \noflands to the heir ofthe king's tenant, even though the \nheir had not performed homage. \nhomagium (ha-may-jee-<lm), n. [Law Latin] A formal \nceremony in which a feudal tenant acknowledged the \ntenure granted by a lord; HOMAGE. \nhomagium ligium. See homage liege under HOMAGE. \nhomagium planum (play-n<lm), n. [Law Latin \"plain \nhomage\"] Hist. A type of homage binding the homager to nothing more than fidelity, without obli\ngation either of military service or of attendance in \nthe superior's courts. \nhomagium reddere (red-<l-ree), n. [Law Latin \"to \nrenounce homage\"] Hist. The process, prescribed \nin feudal law by a set form and method, by which a \nvassal disowns and defies the lord. \nhomagium simplex (sim-pleks), n. [Law Latin \"simple \nhomage\"] Hist. A type ofhomage that acknowledges \ntenure, while reserving the rights ofother lords. \nhombre bueno (awm-bray bway-noh), n. Spanish law. \nI. An arbitrator chosen by the parties to a suit. 2. A \njudge. 3. A citizen in good standing; esp., one who is \ncompetent to testify in a suit. \nhome. (bef. 12c) A dwelling place. See FAMILY HOME. \nmanufactured home. Secured transactions. A struc\nture, transportable in one or more sections, that when \ntraveling is 8 body feet or more in width or 40 body \nfeet or more in length, or, when erected on site, is 320 \nor more square feet, and that is built on a perma\nnent chassis and designed to be used as a dwelling \nwith or without a permanent foundation when con\nnected to the required utilities, and that has within it \nplumbing, heating, air-conditioning, and electrical \nsystems. UCC  9-102(a)(36). [Cases: Secured Trans\nactions \nmatrimonial home. See matrimonial domicile under \nDOMICILE. \ntax home. See TAX HOME. \nhome-equity line ofcredit. See home-equity loan under \nLOAN. \nhome equity loan. See I,OAN. \nhomeless shelter. See SHELTER. \nhome loan bank. See FEDERAL HOME LOAN BANK. \nhome office. 1. A corporation's principal office or head\nquarters. 2. (cap.) In England, the Department of the \nSecretary of State for Home Affairs, responsible for \noverseeing the internal affairs of the country. \nhomeowners' association. See ASSOCIATION. \nhomeowner's equity loan. See LOAN. \nhomeowner's insurance. See INSURA::--lCE. \nhomeowner's policy. See INSURANCE POLICY. \nHome Owners Warranty. A warranty and insurance \nprogram that, among other coverage, insures a new \nhome for ten years against major structural defects. \n_ The program was developed by the Home Owners \nWarranty Corporation, a subSidiary ofthe National \nAssociation of Home Builders. Builders often provide \nthis type of coverage, and many states provide similar \nwarranty protection by statute. Also spelled Home \nOwners' Warranty. -Abbr. HOW. [Cases: Antitrust \nand Trade Regulation C=>208.] \nhome port. See PORT. \nhome-port doctrine. Maritime law. The rule mandat\ning that a vessel engaged in interstate and foreign \n\n802 home rule \ncommerce is taxable only at its home port, usu. where \nthe vessel is registered. [Cases: Taxation C:=>2212.J \nhome rule. (1860) A state legislative provision or action \nallocating a measure of autonomy to a local govern\nment, conditional on its acceptance ofcertain terms. \nCf. LOCAL OPTION. [Cases: Municipal Corporations \n(;:::::65.] \n\"Home rule in the United States was sometimes envisioned \nin its early days as giving the cities to whom such rule was \ngranted full-fledged sovereignty over local affairs, thus \nbringing about dual state and local sovereignty along the \nnational plan of federal and state governments. But such \nlocal sovereignty has never delleloped, nor have any clear\ncut distinctions between state and local power.\" Osborne \nM. Reynolds Jr., Handbook of Local Government Law  35, \nat 96 (1982). "}
{"text": "ne \nM. Reynolds Jr., Handbook of Local Government Law  35, \nat 96 (1982). \nhome-rule charter. See CHARTER (2). \nhomestall. Rist. Homestead. \nhome state. Family law. L 'Ihe state where a person is \ndomiciled. 2. In an interstate child-custody dispute \ngoverned by the Uniform Child Custody Jurisdiction \nand Enforcement Act, the state where a child has lived \nwith a parent or a person acting as a parent for at least \nsix consecutive months immediately before the pro\nceeding.lCases: Child CustodyC~'736.J \nhome-state jurisdiction. See rURISDICTION. \nhomestead. (bef. 12c) 1. The house, outbuildings, and \nadjoining land owned and occupied by a person or \nfamily as a residence. -As long as the homestead does \nnot exceed in area or value the limits fixed by law, in \nmost states it is exempt from forced sale for collection \nof a debt. Also termed homestead estate. See HOME\nSTEAD LAW. [Cases: Homestead <:::=:>58-89.] \nbusiness homestead. (1882) The premises on which a \nfamily's business is located . In some states, business \nhomesteads are exempt from execution or judicial sale \nfor most kinds of debt. [Cases: Homestead \nconstitutional homestead. (1851) A homestead, along \nwith its exemption from forced sale, conferred on the \nhead of a household by a state constitution. -Also \ntermed statutory homestead; pony homestead. [Cases: \nHomestead (;::\">3,30.) \npony homestead. See constitutional homestead. \nprobate homestead. (1881) A homestead created by a \nprobate court from a decedent's estate for the benefit of \nthe decedent's surviving spouse and minor children. \n-Under most statutes providing for the creation of \na probate homestead, it is exempt from forced sale \nfor the collection of decedent's debts. The family can \nremain in the home at least until the youngest child \nreaches the age of majority. Many states allow the \nsurviving spouse to live in the home for life. In a few \nstates, such as Texas, the right to a probate home\nstead is constitutional. See family allowance, spousal \nallowance under ALLOWANCE; HOMESTEAD LAW. Cf. \nlife estate under ESTATE (4). Homestead \n134-153.] \nstatutory homestead. See constitutional homestead. 2. A surviving spouse's right of occupying the family \nhome for life . In some states, the right is extended \nto other dependents ofa decedent. [Cases: Homestead \n140-143.] \nhomesteader. (1872) One who acquires or occupies a \nhomestead. [Cases: Homestead C:=> 16-29; Public Lands \nC:~'35.J \nhomestead estate. See HOMESTEAD. \nhomestead exemption. See HOMESTEAD LAW. \nhomestead-exemption statute. See HOMESTEAD LAW. \nhomestead law. (1847) A statute exempting a home\nstead from execution or judicial sale for debt, unless \nall owners, usu. a husband and wife, have jointly mort\ngaged the property or otherwise subjected it to credi\ntors' claims. -Also termed homestead exemption; \nhomestead-exemption statute; homestead right. [Cases: \nHomestead C:=> 1, lIB.] \n\"Almost all states also have legislative provisions, \ncommonly referred to as homestead laws, designed to \nprotect the family home from the reach of certain classes \nof creditors.... The protection afforded by an exemption \nstatute is not absolute. A federal tax claim may be satisfied \nfrom 'exempt property.' A number of states make Similar \nexceptions for state taxes, claims for alimony and child \nsupport, materialmen and mechanics' liens. By statute in \nmost states, case law in others, purchase money mort\ngages and security interests are generally not affected by \nan exemption statute.\" David G. Epstein & Steve H. Nickles, \nConsumer Law in a Nutshell 384-85 (2d ed. 1981). \nhomestead right. See HOMESTEAD LAW. \nhome-study report. Family law. A summary ofan inves\ntigation into a child's home, family environment, and \nbackground, usu. prepared by a social worker when a \nchild has been removed from his or her home because of \nabuse or neglect, but also prepared after a similar inves\ntigation of the home of potential adoptive parents. \nOften shortened to home study. Also termed custody \nevaluation; social study. [Cases: Infants G:::>20B.J \nhome-style exemption. Copyright. A provision in the u.s. Copyright Act allOWing for the public airing of \nradio and television broadcasts in public-accommo\ndation establishments, such as bars and restaurants, \nwith immunity from liability for infringement.  The \nexemption is so named because the equipment used for \nthe airing must be a single receiver ofthe type typically \nfound in homes. 17 USCA  l10(5). [Cases: Copyrights \nand Intellectual Property C:=>67.1.] \nhomicide (hom-J-Sld), n. (14c) 1. The killing of one \nperson by another. [Cases: Homicide C:=>500.] 2. A \nperson who kills another. -homicidal, adj. \n\"The legal term for killing a man, whether lawfully or \nunlawfully, is 'homicide.' There is no crime of 'homicide.' \nUnlawful homicide at common law comprises the two \ncrimes of murder and manslaughter. Other forms of \nunlawful homiCide have been created by statute: certain \nnew forms of manslaughter (homicide with diminished \nresponsibility, and suicide pacts), infanticide, and causing \ndeath by dangerous drilling.\" Glanville Williams, Textbook \nofCriminal Law 204 (1978). \ncriminal homicide. (I850) 1. Homicide prohibited and \npunishable by law, such as murder or manslaughter. \n\n[Cases: Homicide C=>525, 656.] 2. The act of pur\nposely, knowingly, recklessly, or negligently causing \nthe death ofanother human being. Model Penal Code \n 210.1. \n\"Criminal homicide is everywhere divided into categories \nthat reflect the historical distinction in English law between \nmurder and manslaughter. American statutory formations \nhave varied the terminology and the precise classifications; \nmany statutes create more than two forms of criminal \nhomicide, for purposes of definition and/or punishment. \nThese variations notwithstanding, it is usually possible to \ndiscern a category that corresponds to the common-law \ncrime of murder, the paradigm of which is a deliberate \nkilling without legal justification or excuse, and a category \nthat corresponds to the common-law crime of manslaugh\nter and comprises killings that either are committed in cir\ncumstances which substantially mitigate their intentional \naspect or are not intentional. In common speech as well \nas in the law, murder refers to the most serious criminal \nhomicides, and manslaughterto those that may be serious \ncrimes for which a substantial penalty is imposed but lack \nthe special gravity of murder: Lloyd L. Weinreb, \"Homicide: \nLegal Aspects,\" in 2 Encyclopedia ofCrime and justice 855, \n857 (Sanford H. Kadish ed., 1983). \ncriminally negligent homicide. See negligent \nhomicide. \nculpable homicide. Scots law. A wrongful act that \nresults in a person's death but does not amount to \nmurder. Cf. MANSLAUGHTER. \nexcusable homicide. (18c) 1. Homicide resulting from \na person's lawful act, committed without intention \nto harm another. [Cases: Homicide C=>750.] 2. See \njustifiable homicide (1). \nfelonious homicide. (18c) Homicide committed unlaw\nfully, without legal justification or excuse. -This is \nthe category into which murder and manslaughter \nfalL \nhomicide by abuse. (1989) Homicide in which the per\npetrator, under circumstances showing an extreme \nindifference to human life, causes the death of the \nperpetrator's dependent -usu. a child or mentally \nretarded person. [Cases: Homicide C=>533.] \nhomicide by misadventure. See ACCIDENTAL KILLING. \nhomicide per infortunium (par in-for-t[y]oo-nee-am). \n[Latin \"homicide by misfortune\"] (1856) The uninten\ntional killing ofanother while engaged in a lawful act; \nACCIDENTAL KILLING. See PER INFORTUNIUM. [Cases: \nHomicide C=>762.] \ninnocent homicide. (1884) Homicide that does not \ninvolve criminal guilt. \njustifiable homicide. (18c) 1. The killing of another \nin self-defense when faced with the danger ofdeath \nor serious bodily injury. -Also termed excusable \nhomicide. See SELF-DEFENSE (1). 2. A killing mandated \nor permitted by the law, such as execution for a capital \ncrime or killing to prevent a crime or a criminal's \nescape. [Cases: Homicide C=>752-756.] \n\"It should be noted that a justifiable homicide is not \ncriminal, since it is a killing which the law has either com\nmanded or permitted: the actus in such a case is not legally \npunishable, and therefore we may perhaps say that it is an \nactus of killing which is not reus. As we shall see in most cases ofjustifiable homicide the killing is intentional, and \ntherefore the mental element of criminal responsibility \nis clearly present: but there is no cri me com mitred since \nthere is no actus reus.\" J,W. Cecil Turner, Kenny's Outlines \nofCriminal Law 109 (16th ed. 1952). \n\"English lawyers once distinguished between 'excusable' \nhomicide (e.g. accidental non-negligent killing) and 'justifi\nable' homicide (e.9-killing in self-defence or in the arrest \nof a felon) and different legal consequences once attached \nto these two forms of homicide. To the modern lawyer this \ndistinction has no longer any legal importance: he would \nsimply consider both kinds of homicide to be cases where \nsome element, negative or positive, required in the full \ndefinition of criminal homicide (murder or manslaughter) \nwas lacking. But the distinction between these two differ\nent ways in which actions may fail to constitute a criminal \noffence is still of great moral importance. Killing in self\ndefence is an exception to a general rule making killing \npunishable; it is admitted because the policy or aims which \nin general justify the punishment of killing (e.g. protection \nof human life) do not include cases such as this. In the case \nof 'justification' what is done is regarded as something \nwhich the law does not condemn, or even welcomes.\" H.L.A. \nHart, \"Prolegomenon to the Principles of Punishment,\" in \nPunishment and Responsibility I, 13 (1968). \nnegligent homicide. (1859) Homicide resulting from \nthe careless performance of a legal or illegal act in \nwhich the danger of death is apparent; the killing ofa \nhuman being by criminal negligence. Also termed \ncriminally negligent homicide. See criminal negligence \nunder NEGLIGENCE. [Cases: Homicide C:~)708.1 \n\"There is no common-law offense known as 'negligent \nhomicide.' As a matter of the common law of crimes \nany killing below the grade of manslaughter is innocent \nhomicide. Some of the new penal codes have a classifica\ntion scheme which (omitting degrees or other variations) \ndivides criminal homicide into murder, manslaughter \nand criminally negligent homicide -or simply negligent \nhomicide. For the most part, however, this has been \nachieved by removing from manslaughter the offense of \nhomicide by criminal negligence and using this to consti\ntute the newly named offense. Thus, though there are a \nfew exceptions, most states will have no homicide offense \nwhich would be below common-law manslaughter.\" Rollin \nM. Perkins & Ronald N. Boyce, Criminal Law 116-17 (3d \ned. 1982). \nnonfelonious homicide. A killing that is legally either \nexcusable or justifiable. See excusable homicide; jus\ntifiable homicide. \nreckless homicide. (1866) The unlawful killing of \nanother person with conscious indifference toward \nthat person's life. Cf. MANSLAUGHTER. [Cases: \nHomicide C=>709.] \nvehicular homicide. (1952) The killing of a person as \na result of the unlawful or negligent operation of a \nmotor vehicle. Also termed automobile homicide. \n[Cases: Automobiles C=>342.1.] \nvictim-precipitated homicide. 1. See suicide-by-cop \nunder SUICIDE. 2. A killing provoked by the victim \nwho conSciously intended to die at the hands of \nanother person. _ This term applies loosely to any \nassisted suicide. Unlike most types of homicide, the \nvictim bears some ofthe responsibility for causing \nhis or her own death. \nwillful homicide. (1860) The act ofintentionally causing \na person's death, with or without legal justification. \n\nhomicidium (hom+sI-dee-\"m), n. [Latin \"felling of a \nperson\") Homicide. \nhomicidium ex casu (eks kay-s[y)oo). Homicide by \naccident. See ACCIDENTAL KILLING. \nhomicidium ex justitia (eks j\"s-tish-ee-,,). Homicide in \nthe administration of justice, or in the carrying out \nofa legal sentence. See justifiable homicide (2) under \nHOMICIDE. \nhomicidium ex necessitate (eks nd-ses-i-tay-tee). \nHomicide from inevitable necessity, such as protect\ning one's person or property. See justifiable homicide \n(I"}
{"text": "\nHomicide from inevitable necessity, such as protect\ning one's person or property. See justifiable homicide \n(I) under HOMICIDE. \nhomicidium ex voluntate (eks vol-dn-tay-tee). Volun\ntary or willful homicide. See criminal homicide under \nHOMICIDE. \nhomicidium in rixa (hom-a-sI-dee-dm in rik-s<l). [Law \nLatin] Scots law. Homicide committed in the course \nofa brawl. \n\"Homicidium in rixa .... Such crime amounts only to \nculpable homicide, and the pUnishment being in the dis \ncretion of the judge, varies according to the particular \ncircumstances of each case. It is not punished capitally, \nbecause this crime lacks the previous malice essential to \nthe crime of murder.\" John Trayner, Trayner's Latin Maxims \n244 (4th ed. 1894). \nhominatio (hom-a-nay-shee-oh), n. [Law Latin] Hist. \nHOMAGE. \nhomine capto in withernamium (hom-d-nee kap-toh in \nwith-ar-nay-mee-dm). [Law Latin \"for taking a man in \nwithernam\"] Hist. A writ for the arrest ofa person who \nhad taken a bondman out of the country to prevent a \nreplevy. See WITHERNAM. \nhomine replegiando (hom-a-nee ri-plee-jee-an-doh). \n[Law Latin \"for replevying a man\") Rist. A writ to \nreplevy a man out of prison, or out of the custody of a \nprivate person. \nhomines (hom-a-neez), n. [Latin \"men\"] Hist. Feudal \ntenants entitled to have their causes and other matters \ntried only in their lord's court. See HOMO. \nhomines ligii (II-jee-I). [Latin] Hist. Liege men; feudal \ntenants or vassals, esp. those who held immediately \nof the sovereign. \nhomiplagium (hom-a-play-jee-am), n. [Law Latin] Hist. \nThe maiming ofa person. \nhommes de fief (awm da feef), n. [French \"men of the \nfief\"] Hist. Feudal tenants; peers in the lords' courts. \nAlso termed hommes feodaux. \nhomo (hoh-moh), n. [Latin] Hist. 1. A male human. 2. A \nhomo sapiens; a human being of either sex. 3. A slave. \n4. A vassal; a feudal tenant. 5. A retainer, dependent, \nor servant. PI. homines. See HOMINES. \nhomo alieni juris (ay-Iee-or al-ee-ee-m joor-is). See \nFILIUSFAMILIAS. \nhomo chartularius (kahr-cha-Iair-ee-as). A slave man\numitted by charter. homo commendatus (kom-dn-day-t<ls). A man who \ncommends himself into another's power for protec\ntion or support. \nhomo ecclesiasticus (e-klee-z[hlee-as-ti-kas). A church \nvassal; one bound to serve a church, esp. in an agri\ncultural capacity. \nhomo exercitalis (eg-zi3r-sh,,-tay-lis). A man of the \narmy; a soldier. \nhomo feodalis (fyoo-day-lis). A fee man; a vassal or \ntenant who holds a fee. \nhomo fiscalis (fis-kay-lis). A servant or vassal belong\ning to the treasury (jiscus). Also termed homo fis\ncalinus. \nhomo francus (frangk-as). 1. In England, a freeman. \n2. A Frenchman. \nhomo ingenuus (in-jen-yoo-as). A free and lawful man; \na yeoman. \nhomo tiber (II-bar). 1. A free man. 2. A freeman lawfully \ncompetent to be a juror. 3. An allodial proprietor, as \ndistinguished from a feudal tenant. See ALLODIAL. \nhomo ligius (II-jee-as). A liege man, esp. the vassal of \na king. \nhomo novus (noh-vas). 1. A new tenant or vassal; one \ninvested with a new fee. 2. A tenant pardoned after \nbeing convicted of a crime. \nhomo pertinens (p;lr-ta-nenz). A feudal bondman or \nvassal; one belonging to the soil. \nhomo regius (ree-jee-as). A king's vassal. \nhomo Romanus (rd-may-nas). A Roman . A term used \nin Germanic law codes to describe the Roman inhab\nitants ofGaul and other former Roman provinces. \nhomo sui juris (S [y] 00-1 joor-i8). See PATERFAMILIAS. \nhomo trium litterarum (trI-\"m lit-a-rair-am). [Latin \n\"a man ofthree letters\") A thief.  The \"three letters\" \nrefers to f, u, and r, for the Latin word fur (\"thief\"). \nhomologacion. See HOMOLOGATION. \nhomologare (hom-a-Ia-gair-ee), vb. [Law Latin] Civil \nlaw. 1. To confirm or approve; to consent or assent. 2. \nTo confess. \nhomologate (ha-mol-a-gayt), vb. Civil law. To approve or \nconfirm officially <the court homologated the sale>. \nhomologation (ha-mol-a-gay-sh<ln). Civil law. 1. Con\nfirmation, esp. of a court granting its approval to some \naction. 2. The consent inferred by law from a party's \nfailure, for a ten-day period, to complain of an arbi\ntrator's sentence, of an appointment of a syndic (or \nassignee) of an insolvent, or of a settlement ofsucces\nsions. 3. A judge's approval of certain acts and agree\nments to render them more readily enforceable. Also \ntermed (in Spanish law) homologacion (oh-moh-Ioh\ngah-syohn). See judgment homologating the tableau \nunder JUDGMENT. \nhomologous artificial insemination. See artificial \ninsemination by husband under ARTIFICIAL INSEMI\nNATION. \n\nhomosexual marriage. See same-sex marriage under \nMARRIAGE (1). \nHon. abbr. HONORABLE. \nhonest claim. See nAIM (3). \nhoneste vivere ([h]J-nes-tee VI-VJ-ree). [Latin] Roman \nlaw. To live honorably. _ Ihis was one of the three \ngeneral precepts in which Justinian expressed the \nrequirements of the law. Cf. ALTERliM NON LAEDEREj \nS1.JDM CUIQUE TRIBUERE. \nhonest-services doctrine. See INTANGIBLE-RIGHTS \nDOCTRINE. \nhonesty clause. See FULL-REPORTING CLAUSE (1). \nhonesty defense. See DEFENSE (1). \nhonor, n. (l3c) 1. In the United States, a courtesy title \ngiven to judges and certain other public officials. 2. \n(usu. pl.) In England, those dignities or privileges, \ndegrees of nobility, knighthood, and other titles that \nflow from the Crown. 3. Hist. In England, a seigniory \nof several manors held under one baron or lord para\nmount. \nhonor, vb. (l3c) 1. To accept or pay (a negotiable instru\nment) when presented. [Cases: Banks and Banking (;::;:> \n140(3); Bills and Notes ~24, 388,428.] 2. To recog\nnize, salute, or praise. \nHonorable. (I5c) A title of respect given to judges, \nmembers of the U.S. Congress, ambassadors, and the \nlike <The Honorable Ruth Bader Ginsburg>. -Abbr. \nHon. \nhonorable discharge. See DISCHARGE (8). \nhonorable-engagement clause. Reinsurance. An arbi\ntration provision in a reinsurance contract allowing \nthe arbitrators to view the reinsurance arrangement \nreasonably -in line with the agreement's general \npurposes rather than strictly according to the rules \noflaw or an unduly technical interpretation of contrac\ntuallanguage. [Cases: Insurance (;:::;)3626.] \nhonorarium (on-J-rair-ee-Jm), n. (17c) 1. A payment of \nmoney or anything else of value made to a person for \nservices rendered for which fees cannot legally be or are \nnot traditionally paid. 2. A voluntary reward for that \nfor which no remuneration could be collected by law; \na voluntary donation in consideration of services that \nadmit of no compensation in money. 3. Roman law. A \ngratuitous payment, esp. for professional services, as \ndistinguished from compensation for physical labor. \nPI. honoraria; honorariums. Cf. MERCES. \nhonorary, adj. (I6c) (Of a title or status) conferred in rec\nognition ofmerit or service, but without the attendant \nrights, powers, or dutiesj nominal <honorary member>. \n-An honorary title or status may be granted without \nregard to whether the honoree ever held the title or \nstatus in fact. The honorarv title conferred on a former \nofficer who has honorably retired from office is often \n\"emeritus\" or \"emerita.\" See EMERITUS. \nhonorary canon. See CANON (5). honorary feud. Hist. In England, a title of nobility \ndescending to the eldest son only. See FEUD (1)-(3). \nhonorary services. Hist. Special services rendered to the \nking by a person holding tenure of grand serjeanty. \nThe services usu. consisted of carrying the royal banner \nor sword, or serving at the king's coronation as a butler, \nas a champion, or in some other capacity. \nhonorary trust. See TRUST. \nhonor crime. See CRIME. \nhonor killing. See honor crime under CRIME. \nhooligan. 1. An unruly or mischievous person who \ncauses trouble; a street-gang member. -This term is \noften associated with boisterous fans of British sporting \nevents. 2. See HOOLIGAN TOOL. \nhooligan tool. A steel bar used by police officers and fire\nfighters to break open doors or windows. -Sometimes \nshortened to hooligan. Also termed halligan tool. \nhorae juridicae (hor-ee juu-rid-i-see), n. pI. [Latin] Hist. \nJuridical hours. -The time during which judges sat \nin court to attend to judicial business. Also termed \nhorae judicii (hor-ee joo-dish-ee-ee). \nhorea (or-kah), n. Spanish law. 1. A gallows. 2. A stick for \nadministering corporal punishment. 3. A deSignated \nplace for administering corporal punishment. \nhordera (hor-deer-::I), n. [Law Latin] Hist. In England, a \ntreasurer. -Also termed hordarius (hor-dair-ee-Js). \nhorderium (hor-deer-ee-::Im), n. [Law Latin] Hist. In \nEngland, a hoard, treasury, or repOSitory. \nhorizontal agreement. See horizontal restraint under \nRESTRAINT OF TRADE. \nhorizontal competition. See COMPETITION. \nhorizontal equality. In per capita distribution of an \nestate, parity of distribution among members of \nthe same generation. See PER CAPITA. Cf. VERTICAL \nEQUALITY. \nhorizontal-gaze nystagmus test (nis-tag-mJs). (1985) \nCriminal law. A field-sobriety test for intoxication, in \nwhich the suspect is told to focus on an object (such \nas a pencil) and to track its movement, usu. from side \nto side, by moving only the eyes. -Intoxication is \nindicated if the eyes jerk or twitch while tracking the \nobject. -Abbr. HGN test. [Cases: Automobiles ~ \n411.1 \nhorizontal integration. See horizontal merger under \nMERGER. \nhorizontal merger. See MERGER. \nhorizontal nonprivity. See NONPRIVITY. \nhorizontal price-fixing. See PRICE-FIXING. \nhorizontal privity. See PRIVITY. \nhorizontal-property act. A statute dealing with coop\neratives and condominiums. \nhorizontal restraint. See RESTRAINT OF TRADE. \nhorizontal stare decisis. See STARE DECISIS. \nhorizontal union. See craft union under UNION. \n\nhornbook. (16c) 1. A book explaining the basics of a \ngiven subject. 2. A textbook containing the rudimen\ntary principles ofan area oflaw. Cf. CASEBOOK. \n\"Hornbook . .. The first book of children, covered with horn \nto keep it unsoiled.\" Samuel Johnson, A Dictionary of the \nEnglish Language (1755). \nhornbook law. See BLACKLETTER LAW. \nhornbook method. (1895) A method oflegal instruction \ncharacterized by a straightforward presentation oflegal \ndoctrine, occasionally interspersed with questions . \nThe hornbook method predominates in civil-law coun\ntries, and in certain fields oflaw, such as procedure and \nevidence. -Also termed lecture method. Cf. CASEBOOK \nMETHOD; SOCRATIC METHOD. \nhorning, n. Hist. Scots law. 'Lhe denunciation ofa person \nas an outlaw. The term comes from the old ceremony \nof proclaiming a person outlawed in which the king's \nmessenger gave three blasts on a horn. Also termed \nputting to the horn. \nhorn tenure. 1. See CORNAGE (1).2. See CORNAGE (2). \nhors (or). [French]l. Out or out of. 2. Outside or outside \nof. \nhors de son fee (or d\" son fee), n. [French \"out ofhis fee\"] \nHist. A defensive plea in an action for rent or services by \nwhich the defendant alleged that the land in question \nwas outside the plaintiff's fee. \nhorse case. See WHITEHORSE CASE. \nhorsehead. See PUMPING UNIT. \nhorseshedding, n. (1931) The instructing of a witness \nfavorable to one's case (esp. a client) about the proper \nmethod of responding to questions while giving testi\nmony. -Also termed woodshed"}
{"text": "(esp. a client) about the proper \nmethod of responding to questions while giving testi\nmony. -Also termed woodshedding. Cf. SANDPAPER\nING. horseshed, vb. \nhospitalaria. See HOSTILARIA. \nHospitallers (hos-pi-t\"l-arz). A military and religiOUS \norder founded in the 11th century and so called because \nit built a hospital at Jerusalem to care for pilgrims . \nThe Crown seized all its lands and goods in England \nunder the Grantees ofReversions Act (1540). The Hos\npitallers still functions in several countries as a human\nitarian society. \nhospital lien. See LIEN. \nhospitator (hos-p\"-tay-t,,r), n. [Law Latin] A host or \nentertainer. \nhospitatorcommunis (b-myoo-nis). A common inn\nkeeper. \nhospitator magnus (mag-nas). The marshal ofa camp. \nhospitia (hah-spish-ee-a), n. [Latin] Inns. \nhospitia cancellariae (kan-sa-Iair-ee-I). Inns of \nchancery. \nhospitia communia (b-myoo-nee-a). Common inns. \nhospitia curiae (kyoor-ee-I). Inns ofcourt. \nhospiticide (hah-spit-,,-sld), n. (l7e) 1. The murder ofa \nhost by a guest. 2. A host who murders a guest. hospitium (hah-spish-ee-am), n. [Latin] An inn; a house\nhold. \nhostage. (l3c) 1. An innocent person held captive by \nanother who threatens to kill or harm that person if \none or more demands are not met.  Hostage-taking \nis a federal crime. 18 USCA  1203. Cf. KIDNAPPING. \n2. Int'llaw. A person who is given or taken into an \nenemy's custody, in time ofwar, with his or her freedom \nor life to stand as security for the performance ofsome \nagreement made to the enemy by the belligerent power \ngiving the hostage. [Cases: War and National Emer\ngency C=> 11.] \nhostelagium (hos-ta-Iay-jee-\"m), n. [Law Latin] Hist. A \nright to receive lodging and entertainment, anciently \nreserved by lords in their tenants' houses. \nhosteler (hos-ta-Iar). (14c) 1. A person who stays in a \nyouth hostel. 2. A stableman. 3. Archaic. A person who \nreceives and entertains guests, esp. at a monastery. 4. \nArchaic. An innkeeper. See HOSTLER. \nhostes (hos-teez), n. pl. [Latin] Enemies. Sing. hostis \n(hos-tis). \nhostes humani generis (hyoo-may-m jen-a-ris). \nEnemies ofthe human race; specif., pirates. \nhosticide (hos-t,,-SId), n. (1848) 1. The killing of an \nenemy. 2. A person who kills an enemy. \nhostilaria (hos-ta-Iair-ee-,,), n. [Latin] A place or room \nin a religiOUS house used to receive guests and strang\ners. -Also termed hospitalaria (hos-p,,-t,,-ler-[ee-] \na). \nhostile, adj. (16c) 1. ADVERSE. 2. Showing ill will or a \ndesire to harm. 3. Antagonistic; unfriendly. \nhostile act. See ACT OF HOSTILITY. \nhostile amendment. See AMENDMENT (3). \nhostile bidder. See CORPORATE RAIDER. \nhostile embargo. See EMBARGO (1). \nhostile-environment sexual harassment. See SEXUAL \nHARASSMENT. \nhostile possession. See POSSESSION. \nhostile propaganda. See PROPAGANDA. \nhostile takeover. See TAKEOVER. \nhostile witness. See WITNESS. \nhostility. (lSc) 1. A state ofenmity between individuals \nor nations. 2. An act or series ofacts displaying antago\nnism. 3. (usu. pl.) Acts ofwar. \nhostler ([h]os-lar). [fro hosteler] (l4c) Archaic. L A stable\nman; an ostler. 2. An innkeeper . By the 16th century, \nthis term had lost its \"innkeeper\" sense, and referred \nexclusively to a stableman. \nhot bench. See BENCH. \nhot blood. See HEAT OF PASSION. \nhot cargo. (1938) Labor law. Goods produced or handled \nby an employer with whom a union has a dispute. \nhot-cargo agreement. (1957) Labor law. A voluntary \nagreement between a union and a neutral employer by \n\n807 \nwhich the latter agrees to exert pressure on another \nemployer with whom the union has a dispute, as by \nceasing or refraining from handling, using, selling, \ntransporting, or otherwise dealing in any of the \nproducts of an employer that the union has labeled as \nunfair. -Most agreements ofthis type were prohibited \nby the Landrum-Griffin Act of 1959. See LANDRUM\nGRIFFIN ACT. \nhot check. See bad check under CHECK. \nhotchpot (hoch-pot), n. (16c) 1. The blending ofitems of \nproperty to secure equality ofdivision, esp. as practiced \neither in cases ofdivorce or in cases in which advance\nments of an intestate's property must be made up to the \nestate by a contribution or by an accounting. Also \ntermed hotchpotch; hotchpot rule. [Cases: Descent and \nDistribution ~108; Wills ~762.J \n\"In some states ... a child who has received his advance \nment in real or personal estate, may elect to throw the \namount of the advancement into the common stock, and \ntake his share of the estate descended, or his distributive \nshare of the personal estate, as the case may be: and this \nis said to be bringing the advancement into hotchpot, and \nit is a proceeding which resembles the collatio bonorum \nin the civil law.\" 4 James Kent, Commentaries on American \nLaw\"419 (George Comstock ed., 11th ed. 1866). \n\"[TJhe distribution of the property among the children is \nsubject to what is called the hotchpot rule, the purpose of \nwhich is to ensure that the shares of all the children shall \nbe equal. The rule is that any money or property which \nthe intestate has paid to, or settled on, or covenanted to \nsettle on a child, either by way of advancement or in view \nof marriage, shall be brought into account and deducted \nfrom the share which is payable to that child under the \nintestacy.\" G.c. Cheshire, Modern Law of Real Property \n783-84 (3d ed. 1933). \n2. In a community-property state, the property that \nfalls within the community estate. See COLLATIO \nBONORUM. 3. MAIN POT. \nhot court. See CO'C'RT. \nhot document. See DOC'C'MENT. \nhotel divorce. See DIVORCE. \nhotelkeeper. See INNKEEPER. \nhotelkeeper's lien. See LIEN. \nhot issue. See ISSUE (2). \nhot news. Intellectual property. Extremely time-sensitive \nor transient information that is usu. reliable for very \nbrief periods, such as stock quotations. \nhot-news test. Intellectual property. A judicial test for \ndetermining whether a misappropriation claim is pre\nempted by the Sears-Compeo doctrine, consisting in \nanalyzing whether, in addition to the elements ofcopy\nright infringement, the claim also requires proof of (1) \ntime-sensitive information collected at a cost to the \nplaintiff, (2) unfair use of that information by a directly \ncompeting defendant who has made no similar invest\nment, and (3) a consequent threat to the plaintiff's com\nmercial existence. \nhot-potato rule. The principle that a lawyer may not \nunreasonably withdraw from representing a client. _ \nThe term comes from the rule's classic formulation: house bill \n\"a firm may not drop a client like a 'hot potato: espe\ncially if it is in order to keep happy a far more lucra\ntive client.\" Picker Int'l, Inc. v. Varian Assocs., Inc., 670 \nF. Supp. 1363, 1365 (N.D. Ohio 1987). An exception \nmay be allowed for a conflict of interest arising from \ncircumstances beyond the control ofthe lawyer or the \nlaw firm. See thrust-upon conflict under CONFLICT OF \nINTEREST. [Cases: Attorney and Client (::::>20.] \nhot pursuit. (ISc) 1. See FRESH PURSUIT. 2. Int'llaw. The \nlegitimate chase ofa foreign vessel on the high seas just \nafter that vessel has violated the law of the pursuing \ncountry while within that country's jurisdiction. \nhot stock. See hot issue under ISSUE (2). \nhot-water ordeal. See ordeal by water (2) under ORDEAL. \nhour of cause. Scots law. The time at which a trial is to \nbegin. \nhousage (howz-ij). 1. A fee for storing goods. 2. The state \nofbeing housed or the action ofhousing. \nhouse. (bef. 12c) 1. A home, dwelling, or residence. \nancient house. Hist. In England, a house that has stood \nlong enough to acquire an easement of support against \nthe adjoining land or building. \nbawdy house. See DISORDERLY HOUSE (2). \ndisorderly house. See DISORDERLY HOUSE. \ndwelling-house. See DWELLING-HOUSE. \nhouse ofcorrection. 1. A reformatory. 2. A place for \nthe confinement of juvenile offenders or those who \nhave committed crimes oflesser magnitude. Also \ntermed house ofrefuge. [Cases: Infants ~271.1 \nhouse ofdetention. See JA I L. \nhouse ofillfame. 1. See BROTHEL. 2. See DISORDERLY \nHOUSE (2). \nhouse ofprostitution. See DISORDERLY HOUSE (2). \nhouse ofrefuge. See house ofcorrection. \nhouse ofworship. A building or place set apart for and \ndevoted to the holding of religious services or exer\ncises or public worship; a church or chapel, or a place \nsimilarly used. [Cases: ReligiOUS Societies ~15.] \npublic house. See PUBLIC HOUSE. \n2. A branch of a legislature or a quorum of such a \nbranch; esp., the lower chamber of a bicameral legis\nlature. 3. HOUSE OF REPRESENTATIVES. 4. HOUSE OF \nDELEGATES (1). \nhouseage (howz-ij). A fee paid for housing goods, as by \na carrier or at a wharf. \nhouse arrest. (1936) The confinement of a person who \nhas been accused or convicted of a crime to his or her \nhome, usu. by attaching an electronically monitored \nbracelet to the person. _ Most house-arrest programs \nrequire the offender to work and permit leaVing the \nhome only for reasons such as work, medical needs, or \ncommunity-service obligations. [Cases: Sentencing and \nPunishment ~2047.1 \nhouse bill. See BILL (3). \n\nhousebote 808 \nhousebote. See BOTE (1). \nhousebreaking. (17c) The crime of breaking into a \ndwelling or other secured building, with the intent to \ncommit a felony inside; BURGLARY . Burglary is now \nused more frequently than housebreaking. In England, \nfor example, housebreaking was replaced in 1968 with \nstatutory burglary, though the term is still used in Scots \nlaw. In some jurisdictions, housebreaking includes \n\"breaking out\" of a house that was entered without a \nbreaking. [Cases: Burglary 1.] -housebreaker, \nn. \n\"The oldest term for this purpose [i.e., of distinguishing \nbetween common-law burglary and its statutory enlarge \nments], still encountered at times, is 'housebreaking'; a \nmore recent suggestion is 'breaking and entering,' and \npeace officers sometimes speak of a 'breakin,''' Rollin \nM. Perkins & Ronald N. Boyce, Criminal Law 270 (3d ed. \n1982). \nconstructive housebreaking. A breaking made out by \nconstruction oflaw, as when a burglar gains entry by \nthreat or fraud. -Also termed constructive breaking \ninto a house. [Cases: Burglary \nhouseburning. The common-law misdemeanor of inten\ntionally burning one's own house that is within city \nlimits or that is close enough to other houses that they \nmight be in danger of catching fire (even though no \nactual damage to them may result). -Also termed \ncombustio domorum. Cf. ARSON. [Cases: Arson \n2.] \nhouse counsel. See in-house counsel under COUNSEL. \nhouse-duty. Hist. English law. A tax first imposed in 1851 \non inhabited houses. 14 & 15 Viet., ch. 36 (repealed \n1924). This tax replaced the window tax, which levied \na duty on houses with more than six windows. See \nwindow tax under TAX. \nhousehold, adj. Belonging to the house and family; \ndomestic. \nhousehold, n. (14c) I. A family living together. 2. A \ngroup of people who dwell under the same roof. Cf. \nFAMILY. 3. The contents of a house. \nhouseholder. (14c) 1. A person who keeps house with \nhis or her family; the head or master of a family. 2. A \nperson who has a household. 3. An occupier of a house. \nCf. HEAD OF HOUSEHOLD. -householdership, n. \nhousehold goods. See GOODS. \nhouse law. Hist. A regulatory code promulgated by \nthe head of a royal or noble family, or of a prominent \nprivate family, governing intrafamily relationships and \nacts concerning events such as marriage, disposition \nof property, and inheritance . Such a code had no \nlegal authority but was enforced within the family by \npersonal and economic sanctions. \nhouse mark. See house trademark under TRADEMARK. \nhouse of assignation. See DISORDERLY HOUSE (2). \nHouse of Commons. The lower chamber of the British \nand Canadian parliaments. -Abbr. H.C. \n"}
{"text": "2). \nHouse of Commons. The lower chamber of the British \nand Canadian parliaments. -Abbr. H.C. \nhouse of correction. See HOUSE. house of delegates. (18c) 1. (often cap.) The convention \nof many learned or profeSSional associations, includ\ning the American Bar Association <the ABA House \nof Delegates>. Often shortened to House. -Also \ntermed house ofrepresentatives. See CONVENTION (4). \n[Cases: Attorney and Client ~31.12. (cap.) The lower \nchamber of the state legislature in Maryland, Virginia, \nand West Virginia. [Cases: States ~26.1 \nhouse ofdetention. See JAIL. \nhouse ofill fame. 1. See BROTHEL. 2. See DISORDERLY \nHOUSE (2). \nhouse of ill repute. See DISORDERLY HOUSE. \nHouse of Lords. (l7c) The upper chamber of the British \nParliament, of which the ll-member judicial com\nmittee provides judges who serve as the final court of \nappeal in most civil cases . In practice, the Lords sit as \ncommittees, usu. offive but occaSionally ofseven. Two \ncommittees may sit Simultaneously. -Abbr. H.L. \nAlso termed Lords. \n\"'House of Lords' is an ambiguous expression. It refers {ll \nto all the peers who choose to sit as the Upper House of the \nlegislature (Parliament), and also (2) to a court consisting \nof the highest level of the judiciary.\" Glanville Williams, \nLearning the Law 8 (l1th ed. 1982). \nhouse of prostitution. See DISORDERLY HOUSE (2). \nhouse ofrefuge. See house ofcorrection under HOUSE. \nHouse of Representatives. (I8c) 1. The lower chamber \nof the U.S. Congress, composed of 435 members \napportioned among the states on the basis of popu\nlation who are eJected to two-year terms. [Cases: \nUnited States 2. The lower house ofa state leg\nislature. -Abbr. H.R.; (in senses 1 & 2) H. Often \nshortened to House. [Cases: States ~26.] 3. HOUSE \nOF DELEGATES (1): -Often shortened (in all senses) to \nHouse. -Abbr. H.R. \nhouse ofworship. See HOUSE. \nhouse trademark. See TRADEMARK. \nhousing code. See BUILDING CODE. \nhousing court. See COURT. \nhovering act. Int'l law. A statute applying to a coastal \ncountry's criminal jurisdiction over ships, and persons \n! aboard those ships, when the ships are outside the \ncountry's territory. \n'The notion of hovering acts evolved long before that of \na belt of uniform width in the form of territorial waters. \nGreat Britain's first antismuggling legislation to operate \nat a stated distance seaward was in 1719, applying to the \nmaster of any ship 'found at anchor or hovering within two \nleagues from the shore.' Later enactments extended this \nlimit to three, then four, then eight leagues. A statute of \n1794 gave power to seize and confiscate customable goods \nin vessels 'found at anchor, or hovering' inside specific \nstraight lines drawn between lines on the British coasts, \nthus resembling the 'King's Chambers' of the Stuart era. \nIn 1805 the British Parliament extended the seizure limit to \n100 leagues (300 miles) from the coasts of Great Britain and \nIreland in respect of vessels 'belongi ng whOlly or in part to \nHis Majesty's subjects, or whereof one-half of the persons \non board shall be subjects of His Majesty,' Foreign-flag \nvessels could have fallen within this category. In the case \nof Le Louis (l 817) 165 E.R. 1464, the British Admiralty judge \n\n809 \nLord Stowell described these statutes as being permitted \nby 'the (ommon courtesy of nations for their convenience.''' \nGeoffrey Marston, \"Hovering Acts,\" in 2 Encyclopedia of \nPublic Intemational Law 884-85 (1995). \nHOW. abbr. HOME OWNERS WARRANTY. \nHow say you? Archaic. (Asked of a jury) how do you \nfind? \nhowsoever, adv. (14c) In whatever way; however. \nH.R. abbr. HOUSE OF REPRESENTATIVES. \nH.R. 10 plan. See KEOGH PLAN. \nHSR Act. See HART-SCOTT-RODINO ANTITRUST IMPROVE\nMENT ACT. \nHTML. abbr. HYPERTEXT MARKUP LANGUAGE. \nhttp. abbr. HYPERTEXT TRANSFER PROTOCOL. \nhub-and-spoke conspiracy. See wheel conspiracy under \nCONSPIRACY. \nhue usque (h~k ~s-kwee), adv. [Latin] Hist. Hitherto. \nThis term commonly appeared in pleadings. -Also \nspelled hucusque. \nHUD. abbr. DEPARTMENT OF HOUSING AND URBAN \nDEVELOPMENT. \nhudegeld. See HYDEGELD. \nhue and cry. (lSc) Hist. 1. 1he pUblic uproar that, at \ncommon law, a citizen was expected to initiate after dis\ncovering a crime. Also termed vociferatio; clamor. \n\"Hue and Cry is the old Common Law mode of pursuing, \n'with horn and voice: persons suspected of felony, or \nhaving inflicted a wound from which death is likely to \nensue.\" 1Joseph Chitty, A Practical Treatise on the Criminal \nLaw26 (2d ed. 1826). \n\"All were obliged to pursue the criminal when the hue and \ncry was raised. Neglect of these duties entailed an amerce\nment of the individual, the township or the hundred. The \nsheriffs and the constables were under special obligations, \nas conservatores pacis, to fulfil these duties.\" 1 William \nHoldsworth, A History ofEnglish Law 294 (7th ed. 1956). \n2. The pursuit of a felon accompanying such an uproar. \n3. A written proclamation for the capture of a felon. \nhuggery. English law. Rare. A barrister's improperly \ningratiating actions to curry favor with a solicitor for \nthe purpose of gaining professional employment. _ \nMany consider huggery a breach of Bar etiquette, but \nit is not expressly forbidden. \nhui (hoo-ee), n. In Hawaiian law, an association of \npersons who own land together, usu. as tenants in \ncommon. [Cases: Associations (;:::> l; Sales 10; \nTenancy in Common \nhuissier (wee-syay), n. [French fro huis\"door\"] 1. French \nlaw. An usher ofa court; an officer (such as a marshal) \nwho serves process. 2. Hist. In England, a ministerial \nofficer attached to a court, responsible for service of \nprocess, issuing executions, and maintaining order \nduring court sessions. \nhulk, n. (l7c) Hist. In England, a dismantled ship used as \na prison . Living conditions in hulks were notoriously \npoor, and their use as prisons ended as part of the broad \nprison-reform movements of the mid-19th century. hundredor \nhumanitarian doctrine. See LAST-CLEAR-CHANCE \nDOCTRINE. \nhumanitarian intervention. See INTERVENTION. \nhumanitarian law. Int'l law. Law dealing with such \nmatters as the permissible use of weapons and other \nmeans of warfare, the treatment of prisoners of war and \ncivilian populations in armed conflicts, and generally \nthe direct impact of war on human life and liberty . \nMost existing rules composing humanitarian law are \ncodified in the Geneva Conventions and their proto\ncols. \nhuman-leukocyte antigen test. A medical process of \nanalyzing the blood sample of a man in a paternity \nor legitimacy case by comparing certain indicators \nwith the child's blood. Abbr. HLA test. See BLOOD\nGROUPING TEST. Cf. GENETIC-MARKER TEST. [Cases: \nChildren Out-of-Wedlock (;:::>45,58.] \nhuman rights. (ISc) The freedoms, immunities, and \nbenefits that, according to modern values (esp. at an \ninternational level), all human beings should be able to \nclaim as a matter of right in the society in which they \nlive. See UNIVERSAL DECLARATION OF HUMAN RIGHTS. \n[Cases: Civil Rights (;::::::> 1026.] \nhuman trafficking. See TRAFFICKING. \nhundi. See HAWALA. \nhundred. (bef. 12c) 1. Formerly, a county subdivision \nthat had its own local court. \n'The hundred was a group of adjoining townships. It may \nhave consisted of an area taxed at one hundred hides. \nOther explanations of the term 'hundred' are that the \nunit may have consisted of one hundred households, or \nthe area had to supply one hundred fighting men for the \nnational defence.\" L.B. Curzon, English Legal History 7 (2d \ned. 1979). \n2. The populace of such a subdivision. 3. See hundred \ncourt under COURT. 4. In the United States, a politi\ncal division derived from the English county division. \n Hundreds existed in colonial Delaware, Maryland, \nPennsylvania, and Virginia. Today, they exist only in \nDelaware. hundredal (hun-dri-d<ll), adj. \nhundredarius (h~n-dri-dair-ee-~s), n. [Law Latin] Hist. \n1. HUNDREDARY. 2. HUNDREDOR (1). \nhundredary (him-dri-der-ee), n. [Law Latin] Hist. The \nchief or presiding officer of a hundred. Also termed \nhundredarius. \nhundred court. See COURT. \nhundredes earldor (h;m-dridz <lrl-d~r), n. [Latinized \nOld English] Hist. The presiding officer in a hundred \ncourt. -Also termed hundredes man. \nhundred moot. See hundred court under COURT. \nhundredor (h<lll-dri-d~r), n. Hist. l. A freeholder of a \nhundred who can sue in, or act as judge of, a hundred \ncourt. 2. A person who has been empaneled (or is fit \nto be empaneled) on a hundred-court jury, and who \ndwells within the hundred where the cause of action \narose. 3. An officer who has jurisdiction of a hundred \n\nand who holds the hundred court. 4. The bailiff of a \nhundred. \nhundredpenny (han-drCld-pen-ee), n. Hist. A tax or due \nthat in medieval times was levied in a hundred. See \nHUNDRED (1), (2). \nhundred rolls. Hist. Records that list the various feudal \ntenancies and feudal obligations existing among English \nlords and tenants. The hundred rolls were compiled in \n1274-1275 by royal commissioners from inquiries put \nto hundred-court juries in order to alert the Crown to \nthe existence offeudal relationships that infringed on \nroyal prerogatives (and thereby royal revenue). \nhungjury. See JURY. \nHuntley hearing. In New York practice, a pretrial hearing \nin a criminal case to determine the admissibility of a \ndefendant's statement. The hearing usu. follows a defen\ndant's motion to suppress an involuntary statement. \nThe name derives from People v. Huntley, 204 N.E.2d \n179 (N.Y. 1965), in which the court held that a judge in \na criminal trial must conduct a preliminary hearing \nto determine whether, beyond a reasonable doubt, a \ndefendant's confession was made voluntarily. [Cases: \nCriminal Law C-~414.] \nhurto (oor-toh), n. Spanish law. Theft; larceny; stealing. \nhusband. (Bc) A married man; a man who has a lawful \nspouse living . Etymologically, the word signified the \nhouse bond, the man who, according to Saxon ideas \nand institutions, held around him the family, for which \nhe was legally responsible. [Cases: Husband and Wife \nC=>l.] \ncommon-law husband. The husband in a common-law \nmarriage; a man who contracts an informal marriage \nwith a woman and then holds himself out to the com\nmunity as being married to her. See common-law \nmarriage under MARRIAGE (1). [Cases: Marriage \n13.] \nhusbandlike and proper. (Ofland cultivation or man\nagement) according to the locale's usual practices. \nhusbandman. Archaic. A farmer. \nhusbandria (h;n-bCln-dree-Cl), n. [Law Latin] Hist. HUS\nBANDRY. \nhusbandry. (14c) 1. Agriculture or fanning; cultivation \nof the soil for food . In some states, tools and equip\nment used in farming are exempt from forced sale for \ncollection of a debt. [Cases: Exemptions C=>45.] 2. \nGenerally, care of a household; careful management \nof resources. \nhusband-wife immunity. See IMMUNITY (2). \nhusband-wife privilege. See marital privilege under \nPRIVILEGE (3). \nhuscarle (hoos-kahrl), n. [Old English] Rist. L A house \nservant or domestic; a man ofthe household. 2. A king's \nvassal, thane, or baron; an earl's man or vassal. \nhusfastne (hoos-fas[t]-Cln), n. [Old English] Hist. A \nperson who holds house and land; a man bound to a \nfrankpledge. husgablum (hoos-gab-l;)m), n. [Old English) Hist. A tax \nor tribute levied upon a house; house rent. \nhush money. (l8c) Slang. A bribe to suppress the dis\nsemination ofcertain information; a payment to secure \nsilence. \nhusting. (usu. pl.) [Old English] (bef. 12c) 1. Hist. A delib\nerative assembly, esp. one called by the king or other \nleader. 2. Hist. COURT OF HUSTINGS. 3. Hist. The raised \nplatform used by officials of the Court ofHustings. 4. \nHist. The raised platform used to nominate candidates"}
{"text": "The raised \nplatform used by officials of the Court ofHustings. 4. \nHist. The raised platform used to nominate candidates \nfor Parliament.  This practice ended after passage of \nthe Ballot Act in 1872. 5. Any place where political \ncampaign speeches are made. \nhutesium et clamor (h[y]oo-tee-z[h]ee-Clm et klam-;)r). \n[Law Latin] HUE AND CRY. \nhybrid action. Labor law. A lawsuit in which a union \nmember asserts claims against the employer for breach \nof a collective bargaining agreement, and against the \nunion for breach of the duty of fair representation. \n[Cases: Labor and Employment C:~)1219(1), 1319.J \nhybrid class action. See CLASS ACTION. \nhybrid mark. See composite trademark under TRADE\nMARK. \nhybrid security. See SECURITY. \nhybrid trademark. See composite trademark under \nTRADEMARK. \nHyde Amendment. A federal law that prohibits the use \nof Medicaid funds for abortions except when neces\nsary to save the mother's life, and that prohibits feder\nally funded family-planning programs from providing \nabortion counseling . The bill was sponsored by Rep\nresentative Henry Hyde of Illinois. [Cases: Abortion \nand Birth Control C=>126; Health C=>480.J \nhydegeld (hId-geld), n. Rist. 1. In England, a discharge \nfor an assault on a trespassing servant. 2. HIDEGILD. \nAlso spelled hudegeld. \nHydraflow test. (1996) A principle for deciding when \nan inadvertent disclosure of a privileged document is \na waiver ofthe attorney-client privilege, whereby the \ncourt considers the reasonableness ofthe precautions \ntaken to prevent the inadvertent disclosure, the number \nofdisclosures involved, the extent ofthe disclosure, the \npromptness ofany efforts to remedy the disclosure, and \nwhether justice would be best served by permitting the \ndisclosing party to retrieve the document. Hydraflow, \nInc. v. Enidine, Inc., 145 F.R.D. 626 (W.D.N.Y. 1993).\nAlso termed middle-of-the-road test. Cf. lenient test; \nstrict test. [Cases; Privileged Communications and \nConfidentiality C=> 168.] \nhyperlink. (l988) Intellectual property. An element on a \nWeb page usu. a word, phrase, or graphic, but some\ntimes a Single pixel that, when clicked on, takes the \nuser to another part ofthe same website or to a differ\nent website. A copyright violation occurs ifa person \nknows or has reason to know that a link will be used for \nunauthorized copying, and creates a link to encourage \nor contribute to wrongful copying. -Often shortened \n\n811 hypothetical-person defense \nto link. [Cases: Copyrights and Intellectual Property \n<::-::;::'67.3.] -hyperlink, vb. \nhypertext markup language. The programming code \nused on websites to format text and provide links \nbetween resources. -Abbr. HTML. \nhypertext transfer protocol. The set of programmed \nrules that enable computers to exchange information \nover the Internet . Browsers use http to contact other \ncomputers. Abbr. http. \nhypobolum (hi-pob-a-Iam), n. [Latin fro Greek] Civillaw. \nA legacy given to a wife, in addition to her dowry, on \nthe death ofher husband. PI. hypobola. \nhypothec (hI -poth-ek or hi-). (16c) Civil law. A mortgage \ngiven to a creditor on property to secure a debt; \nHYPOTHECA. \nlandlord's hypothec. Scots law. The lessor's right of \nsecurity for rent in articles, furniture, and equip\nment (other than tools ofthe tenant's trade) that the \ntenant brought onto the leased premises. -Unlike \nthe English remedy of distress, the right of security \nis effected only by the lessor's application to the court \nfor a decree of sequestration. Until 1880, a landlord \ncould assert the lien against a tenant's crops and stock \nas well as personal property. See SEQUESTRATION FOR \nRENT. \nmariner's hypothec. 1. A lien that a seaman, freighter, \nor repairer can assert against a ship for payment of \nwages or other sums due. 2. A shipowner's lien against \nthe ship's cargo for the freight costs. \nsolicitor's hypothec. A legal agent's lien for costs in \nexcess of the costs recovered from an opposing \nparty.  The lien may also apply to the retention of \nsome documents, such as title deeds, as security for a \nclient's outstanding account. \nhypotheca (hI-prl-thee-krl or hip-a-), n. [Latin fro Greek] \nRoman law. A mortgage ofproperty in which the debtor \nwas allowed to keep, but not alienate, the property. \n\"Yet another mode of creating a security is possible, by \nwhich not merely the ownership of a thing but its posses\nsion also remains with the debtor. This is called by the \nRoman lawyers and their modern followers 'hypotheca.' \nHypothecs may arise by the direct application of a rule \nof law, by judicial decision, or by agreement.\" Thomas \nE. Holland, The Elements ofJurisprudence 235 (13th ed. \n1924). \nhypothecaria actio (hI-poth-rl-kair-ee-a ak-shee-oh). \n[Latin] Roman law. A hypothecary action; an action \nto enforce a mortgage or to obtain the surrender ofthe \nthing mortgaged. Also termed actio hypothecaria. \nSee hypothecary action under ACTION. \nhypothecarii creditores (hI-poth-a-kair-ee-I kred-a-tor\neez). [Latin] Roman law. Hypothecary creditors; those \nwho lent money on the security of a hypotheca. \nhypothecary (hI-poth-rl-ker-ee), adj. (I7c) Of, relating \nto, or involving a hypothec or hypothecation. \nhypothecary action. See ACTION (4). \nhypothecary debt. See DEBT. hypothecate (hI-poth-a-kayt), vb. (l7c) To pledge \n(property) as security or collateral for a debt, without \ndelivery oftitle or possession. \nhypothecation (hr-potha-kay-sh,m), n. (l7c) The \npledging of something as security without delivery of \ntitle or possession. [Cases: Pledges C-:J 1-26; Secured \nTransactions C-::> 1.] -hypothecator (hI-poth-rl-kay\ntar), n. \ngeneral hypothecation. 1. A debtor's pledge to allow \nall the property named in the security instrument to \nserve as collateral and to be used to satisfy the out \nstanding debt. 2. See tacit hypothecation (I), (2). \ntacit hypothecation. 1. Civil law. A type of lien or \nmortgage that is created by operation of law and \nwithout the parties' express agreement. -Also termed \ntacit mortgage. 2. See maritime lien under LIEN. \nhypothecation bond. See BOND (2). \nhypotheque (ee-poh-tek), n. French law. Hypothecation; \nthe right vested in a creditor by the assignment to the \ncreditor ofreal estate as security for a debt, whether or \nnot accompanied by possession . Hypotheque may be \nlegale, as the charge that the state has over the lands of \nits accountants, or that a married woman has over the \nlands ofher husband;judiciaire, when it is the result of \na judgment ofa court ofjustice; or conventionelle, when \nit is the result ofthe parties' agreement. \nhypothesis (hl-poth-;J-srls). (16c) 1. A supposition based \non evidence but not proven; a proposed explanation, \nsupported by evidence, that serves as a starting point \nfor investigation. 2. A theory or supposition proposed \nfor the sake ofdebate. \nhypothetical, adj. (16c) 1. Involving tentative theory or \nsupposition adopted proviSionally; assumed or postu\nlated merely for the sake ofargument. \nhypothetical, n. (17c) A proposition or statement that is \npresumed true for the sake oflogical analysis or debate. \n Hypotheticals are often used as teaching tools to \nillustrate the application oflegal principles or to explore \nthe potential consequences of words and actions. See \nHYPOTHETICAL QUESTION. \nhypothetical contract. See conditional contract under \nCONTRACT. \nhypothetical creditor. See CREDITOR. \nhypothetical lien creditor. See hypothetical creditor \nunder CREDITOR. \nhypothetical negotiation. A judicial construct used to \ncalculate damages in a patent-infringement suit by \narriving at a figure that would have been reasonable \nroyalty acceptable to both parties. [Cases: Patents \n318(4.1).] \nhypothetical-person defense. (1979) An entrapment \ndefense in which the defendant asserts that an under\ncover law-enforcement officer (or person acting at the \nlaw-enforcement officer's direction) encouraged the \ndefendant to engage in the criminal conduct either by \nmaking false representations deSigned to convince the \ndefendant that the conduct was not prohibited, or by \n\n812 hypothetical pleading \nusing persuasive methods that created a substantial I hypothetical question. (1826) A trial device that \nrisk that the charged offense would be committed by a \nperson who was not otherwise inclined to commit it. \n This defense has been adopted by a minority ofstates \nand by the Model Penal Code. -Also termed objective \nmethod. See Model Penal Code  2.13. Cf. SHERMAK\nSORRELLS DOCTRINE. [Cases: Criminal Law \nhypothetical pleading. See PLEADING (1). solicits an expert witness's opinion based on assump\ntions treated as facts established by evidence. -Also \ntermed abstract question. [Cases: Criminal Law \n485; Evidence C=551; Witnesses C=237.J \nhypothetical tenant. Hist. A fictional person used for \nassessing property taxes, which are based on what the \nperson would pay to lease the property. \n\nI \nIABA. abbr. INTER-AMERICAN BAR ASSOCIATION. \nIAF. abbr. INTER-AMERICAN FOUNDATION. \nIAIP. abbr. INFORMATION ANALYSIS AND INFRASTRUC\nTURE PROTECTION DIRECTORATE. \nibi. [Latin] There and then. \nibid. (ib-id). abbr. [Latin ibidem] (17c) In the same place. \n This abbreviation, used in citations (mostly outside \nlaw), denotes that the reference is to a work cited imme\ndiately before, and that the cited matter appears on the \nsame page ofthe same book (unless a different page is \nspecified). Also termed lb. Cf. ID. \nICANN. abbr. INTERNET CORPORATION FOR ASSIGNED \nNAMES AND :-lUMBERS. \nICC. abbr. 1. I:-ITERSTATE COMMERCE COMMISSION. 2. \nINTERNATIONAL CRIMINAL COURT. \nICJ. abbr. INTER:-IATIONAL COURT OF JUSTICE. \nICPC. abbr. INTERSTATE COMPACT ON THE PLACEMENT \nOF CHILDREN. \nICSID (ik-sid). abbr. INTERNATIONAL CENTRE FOR SET\nTLEMENT OF INVESTMENT DISPUTES. \nICWA. abbr. INDIAN CHILD WELFARE ACT. \nid. (id). abbr. [Latin idem] (17c) The same . ld. is used \nin a legal citation to reter to the authority cited imme\ndiately before <Id. at 55>. Cf. IBID. \nIDA. abbr. INVESTMENT-DIRECTION AGREEMENT. \nIDEA. abbr. INDIVIDUALS WITH DISABILITIES EDUCA\nTION ACT. \nidea-expression dichotomy. Copyright. The fundamen\ntal rule that copyright law protects only specific expres\nsions ofan idea, not the idea itself. [Cases: Copyrights \nand Intellectual Property C=4.5.] \nidem per idem (I-dem par I-dem). [Latin) The same for \nthe same . This phrase refers to an illustration that \nadds nothing to a matter under consideration. \nidem sonans (I-dem soh-nanz), adj. [Latin] (1856) (Of \nwords or names) sounding the same, regardless of \nspelling <the names Gene and Jean are idem sonans>. \n In trademark law, the term designates a name that \nsounds close enough to a registered trademark to create \nconfusion among consumers and infringe that mark, so \nthe Steinway company was able to prevent a competitor \nfrom registering \"Steinberg\" for the name ofits pianos. \n[Cases: Names C=16; Trademarks (~J1098.] \n'The names of parties should be correctly spelled, but \nmisspelling which does not change the sound works no \nharm; it matters not how incorrectly names are spelled, if \nthey are idem sonans (the same sound).\" Edwin E. Bryant, \nThe Law of Pleading Under the Codes of Civil Procedure \n186 (2d ed. 1899). idem sonans (I-dem soh-nanz), n. [Latin] (1848) A legal \ndoctrine preventing a variant spelling of a name in a \ndocument from voiding the document ifthe misspell\ning is pronounced the same way as the true spelling. \n[Cases: NamesC=16.] \nidentification interrogatory. See INTERROGATORY. \nidentification of goods. (1887) A process that enables \na buyer to obtain an identifiable (and therefore insur\nable) interest in goods before taking possession from \nthe seller . The goods are identified in any manner \nagreed to by the parties. UCC  2-501. [Cases: Sales \n~199,208.] \nidentification parade. See LINEUP. \nidentified adoption. See private adoption under \nADOPTION. \nidentify, vb. (I8c) L To prove the identity"}
{"text": "ified adoption. See private adoption under \nADOPTION. \nidentify, vb. (I8c) L To prove the identity of(a person or \nthing) <the witness identified the weapon>. 2. To look \nupon as being associated (with) <the plaintiff was iden\ntified with the environmental movement>. 3. To specify \n(certain goods) as the object ofa contract <identify the \nappliances to the contract>. See IDENTIFICATION OF \nGOODS. [Cases: Sales C=199,208.] \nidentifying material. Copyright. A portion or represen\ntation of an entire work deposited with the U.S. Copy\nright Office . A copyright registrant is required to \ndeposit at least one complete copy of the work, and often \ntwo. If a trade secret would be disclosed by a deposit \nor the work's nature (e.g., a holograph) makes deposit \ndifficult, a substitution is acceptable. Common forms \nof identifying material are drawings, photocopies, and \nselected pages ofsoftware code and databases. [Cases: \nCopyrights and Intellectual Property C-::: 50.10.] \nidentikit. A collection ofpictures offacial features, used \nby police to create a composite image ofa suspect from \nwitnesses' descriptions . In Great Britain, the result\ning image is called a photofit. \nidentitate nominis (I-den-ti-tay-tee nom-a-nis). See DE \nIDENTITATE NOMINIS. \nidentity. (16c) 1. The identical nature of two or more \nthings; esp., in patent law, the sameness in two devices \nofthe function performed, the way it is performed, and \nthe result achieved . Under the doctrine of equiva\nlents, infringement may be found even if the accused \ndevice is not identical to the claimed invention. See \nDOCTRINE OF EQUIVALENTS. [Cases: Patents \n234-237.] 2. Evidence. The authenticity of a person or \nthing. [Cases: Criminal Law 339.5; Evidence \nC=102.] \nidentity of interests. (18c) Civil procedure. A relation\nship between two parties who are so close that suing \none serves as notice to the other, so that the other may \n\nbe joined in the suit. Fed. R. Civ. P. 15(c)(l)(c). [Cases: \nLimitation ofActions C=> 127.] \nidentity ofparties. (1803) Civil procedure. A relationship \nbetween two parties who are so close that a judgment \nagainst one prevents later action against the other \nbecause ofres judicata. [Cases: Judgment C=>624-631, \n665-678.] \nidentity theft. The unlawful taking and use of another \nperson's identifying information for fraudulent \npurposes. Cf. GHOSTING. [Cases: False Pretenses \n19.] \nideo (I-dee-oh), adv. [Latin] \"Therefore: for that reason. \nideo consideratum est (I-dee-oh k;m-sid-d-ray-tdm est). \n[Latin] Hist. Therefore it is considered . \"These words \noften prefaced a judgment at common law, and came \nto refer to the judgment itself. Cf. CONSIDERATUM EST \nPER CURIAM. \nideological aggression. 1. See hostile propaganda under \nPROPAGANDA. 2. See subversive propaganda under PRO\nPAGANDA. \nIdes (Idz), n. [fr. Latin idus (pl.)] Roman law. In the \nRoman calendar, the ninth day after the Nones, being \nthe 15th ofMarch, May, July, and October, and the 13th \nof the other months . In the calculation of the day, \nNones is the first day counted. Cf. CALENDS; NONES. \nidiochira (id-ee-oh-kI-ra). [Greek \"one's own hand\"] \nHist. An instrument executed privately, rather than \nbefore a public officer; esp., a deed written in one's \nown hand. \nidiocy. Archaic. The condition of a person who, from \nbirth, has never had any glimmering of reasoning \nor intellectual faculties. Also termed idiopathic \ninsanity. \nidiot. A person afflicted with profound mental retarda\ntion. This term has largely fallen out ofuse in modern \nlegal and medical contexts. Cf. IMBECILE. \nidiota (id-ee-oh-ta). [Latin] Civil law. 1. An unlearned, \nsimple person. 2. A private person; one not in public \noffice. \nidiota inquirendo (id-ee-oh-ta in-kwI-ren-doh or \nin-kw<l-ren-doh). See DE IDIOTA INQUIRENDO. \nid non agebatur (id non aj-d-bay-t<lr). [Law Latin] Scots \nlaw. That was not done. \n\"The meaning of the words as they occur here is this: the \ndeceased, when he valued the subjects, did not intend to \ndepreciate their value for the purpose of benefiting the \nexecutor, -this was not in his consideration at all this \nwas not what he did (id nan agebatur) by the valuation; \ntherefore, the executor is bound for the true value of the \nsubjects.\" John Trayner, Trayner's Latin Maxims 245 (4th \ned. 1894). \nidoneis argumentis (l-doh-nee-is ahr-gyoo-men-tis). \n[Law Latin] Hist. By suitable arguments. \nidoneitas (I-doh-nee-;>-tas). [fro Latin idoneus \"suitable\"] \nHist. A person's ability or fitness. ~Also termed \nidoneity. idoneum sefacere; idoneare se (I-doh-nee-am see fay-sa\nree; r-doh-nee-air-ee see). [Law Latin \"to make oneself \nsufficient; to clear oneself\"] Hist. To purge oneself, by \noath, ofa crime that one is accused of committing. \nidoneus (I-doh-nee-;)s), adj. [Latin] Roman law. (Of a \nperson or thing) appropriate or suitable . A respon\nsible or solvent man, for example, was known as an \nidoneus homo, while a pledge of sufficient security \nwas termed idonea cautio. Also spelled (in English) \nidoneous. \nIDP. abbr. INTERNALLY DISPLACED PERSON. \nIDS. abbr. INFORMATION-DISCLOSURE STATEMENT. \ni.e. abbr. [Latin id est] (17c) That is <the federal govern\nment's highest judicial body, i.e., the Supreme Court>. \nCf.E.G. \nIEP. abbr. See lKDIVIDUALIZED EDGCATION PROGRAM. \nIFP. abbr. IN FORMA PAUPERIS. \nIFP affidavit. See poverty affidavit under AFFIDAVIT. \nignis judicium (ig-nis joo-dish-ee-<lm). [Latin] Hist. Trial \nby fire. See fire ordeal under ORDEAL. \nignominy (ig-na-min-ee). Public disgrace or dishonor. \nignominious, adj. \nignoramus (ig-na-ray-mds). [Law Latin] Hist. We do not \nknow . This notation, when written on a bill ofindict\nment, indicated the grand jury's rejection ofthe bill. See \nNOT FOUND; NO BILL. Cf. TRUE BILL. \n'When the grand jury have heard the evidence, if they think \nit a groundless accusation, they used formerly to endorse \non the back of the bill, 'ignoramus;' or, we know nothing \nof it; intimating, that, though the facts might possibly \nbe true, that truth did not appear to them: but now they \nassert in English, more absolutely, 'not a true bill;' and \nthen the party is discharged without farther answer.\" 4 \nWilliam Blackstone, Commentaries on the Laws ofEngland \n301 (1769). \nignorantia (ig-na-ran-shee-<}). [Latin] Ignorance; esp., \nignorance of the law. \n\"Ignorantia . ... Divided in the civil law, into ignorantia facti \n(ignorance of fact) and ignorantia juris (ignorance of law). \nlord Coke accepts this division ....\" 2 Alexander M. Burrill, \nA Law Dictionary and Glossary 40 (2d ed. 1867). \nignorantia facti (ig-n;>-ran-shee-;> fak-tI). [Latin] Igno\nrance of fact. \nignorantia jacti excusat (ig-na-ran-shee-a fak-tI ek\nskyoo-sat or -zat). [Latin] Ignorance of fact is an \nexcuse; whatever is done under a mistaken impression \nof a material fact is excused or provides grounds for \nrelief.  This maxim refers to the principle that acts \ndone and contracts made under mistake or ignorance \nof a material fact are voidable. [Cases: Criminal Law \nC=>33.] \n\"'Ignorantia facti excusat,' however, is obviously too \nsweeping even for a general statement of law, because it \nis clear (to mention only one point for the moment) that \nif a certain deed would constitute exactly the same crime \nunder either of two factual situations, it will be no excuse \nthat one was mistaken for the other.\" Rollin M. Perkins & \nRonald N. Boyce, Criminal Law 1044 (3d ed. 1982). \n\n815 \nignorantia juris (ig-n;)-ran-shee-;) joor-is). [Latin] 1. \nIgnorance of law. -Under Roman law, this type of \nignorance was less likely than ignorantia facti to excuse \nmistaken conduct, except in the case of minors and \npeople, such as women, under some legal disability. 2. \nIG;'>IORANTIA JURIS NON EXCUSAT. \nignorantia juris non excusat (ig-n;)-ran-shee-~ joor-is \nnon ek-skyoo-sat or -zat). [Latin] Lack of knowledge \nabout a legal requirement or prohibition is never an \nexcuse to a criminal charge. _ In English, the idea is \ncommonly rendered ignorance ofthe law is no excuse. \nOften shortened to ignorantia juris. Also termed \nignorantia juris neminem excusat (ignorance ofthe law \nexcuses no one); ignorantia legis non excusat: ignorantia \njuris haud excusat. [Cases: Criminal Law C=:>32.] \n\"Almost the only knowledge of law possessed by many \npeople is that ignorance of it is no excuse (ignoYantiajuris \nnon excusat), This maxim was originally formulated at a \ntime when the list of crimes, broadly speaking, represented \ncurrent morality (mala in se), but we now have many other \ncrimes that are the result of administrative or social regula\ntion (mala prohibita), which are equally governed by the \nmaxim, The rule is, then, that whereas ignorance of fact \ncan excuse, to the extent that it negatives mens rea or \nfault, ignorance of the law generally does not.\" Glanville \nWilliams, Textbook ofCriminal Law40S (1978), \nignoratio elenchi (ig-n~-ray-shee-oh e-leng-kI or ig-n~\nrab-tee-oh i-Ieng-kee). [Law Latin \"ignorance of the \nconclusion to be proved\"] (l6c) An advocate's misun\nderstanding of an opponent's position, manifested by \nan argument that fails to address the opponent's point; \nthe overlooking of an opponent's counterargument.  \nThis fallacy oflogic often involves an advocate's trying \nto prove something that is immaterial to the point to \nbe decided. \nignore, vb. (lB01) 1. To refuse to notice, recognize, or \nconsider, 2. (Of a grand jury) to reject (an indictment) \nas groundless; to no-bill (a charge). \nignoring, n. Family law. A parent's or caregiver's pattern \nof depriving a child of essential intellectual or emo\ntional stimulation or ofotherwise stifling a child's emo\ntional growth and intellectual development, essentially \nby being unavailable. Cf. ISOLATING; REJECTING. \nlIED. abbr. INTENTIONAL INFLICTION OF EMOTIONAL \nDISTRESS. \nill, adj. (Of a pleading) defective, bad, or null. \nillation (i-lay-sh~n), (16c) l. The act or process of infer\nring, 2. An inference; that which is inferred. \nil1egal, adj. Forbidden by law; unlawful <illegal \ndumping> <an illegal drug>. \nillegal alien. See ALIEN. \nillegal bargain. See BARGAIN, \nillegal consideration. See CONSIDERATION (1). \nillegal contract. See CONTRACT, illicit \n2. Immigration. The unauthorized entrance ofan alien \ninto the United States by arriving at the wrong time or \nplace, by evading inspection, or by fraud. \nillegal interest. See USURY. \nillegality, n. (l7c) l. An act that is not authorized by law. \n2. The state of not being legally authorized. \n\"A contract made ultra vires is void; but not [strictly \nspeaking] on the ground of illegality. Lord Cairns .. , takes \nexception to the use of the term 'illegality,' pointing out \nthat it is not the object of the contracting parties, but the \nincapacity of one of them, that avoids the contract.\" William \nR, Anson, Principles of the Law ofContract 190 (Arthur L \nCorbin ed., 3d Am. ed, 1919). \n\"It must not be thought that illegality in the law of contract \nis co-terminous with illegality in the criminal law, for a \ncontract may be illegal without involving any breach of the \ncriminal law at all.\" p.s. Atiyah, An Introduction to the Law \nofContract 257 (3d ed, 1981). \n3. The state or condition ofbeing unlawfuL. The affir\nmative defense of illegality must be expressly set forth \nin the response to the opponent's pleading. Fed. R. Civ, \nP.8(c). \nillegally obtained evidence. See EVIDENCE. \nillegal per se. Unlawful in and ofitself. \nillegal rate. See INTEREST RATE. \nillegal search. See unreasonable search under SEARCH. \nillegal strike. See STRIKE. \nillegal subdivision"}
{"text": "illegal search. See unreasonable search under SEARCH. \nillegal strike. See STRIKE. \nillegal subdivision. See SUBDIVISION. \nillegal tax. See TAX, \nillegal tax protester. See TAX PROTESTER. \nillegal vote. See VOTE (1). \nillegitimacy. (17c) 1. Unlawfulness. 2. The status of a \nperson who is born outside a lawful marriage and who \nis not later legitimated by the parents. Also termed \nbastardy. Cf. LEGITIMACY. [Cases: Children Out-of-\nWedlock 1.] \nillegitimate, adj. (l6c) 1. (Ofa child) born out oflawful \nwedlock and never having been legitimated <illegiti\nmate son> . Under modern ecclesiastical law, a child \nborn out of wedlock may be automatically legitimated \nifthe parents later marry. A child conceived while the \nmother is married but born after she is divorced or \nwidowed is considered legitimate. [Cases: Children \nOut-of-Wedlock 1.] 2. Against the law; unlawful \n<illegitimate contract for the sale of contraband>. \n3. Improper <illegitimate conduct>. 4. Incorrectly \ninferred <illegitimate conclusion>. 5. Ecclesiastical law. \n(Ofa child) born within a marriage that is regarded as \nan invalid sacrament from its inception, \nillegitimate child. See CHILD, \nill fame. Evil repute; notorious bad character. Cf. FAMA \nPUBUCA, \nillicenciatus (il-h-sen-shee-ay-t~s). [Law LatinI Without illegal entry. (IBc) 1. Criminal law. The unlawful act i license.of going into a building with the intent to commit a \ncrime. _ In some jurisdictions, illegal entry is a lesser illicit (i[l]-lis-;)t), adj. (16c) Illegal or improper <illicit \nincluded offense of burglary. [Cases: Burglary relations>. \n\nillicit cohabitation. See COHABITATION. \nillicitum collegium (i-lis-<l-t<lm b-Iee-jee-<lm). [Latin] \nRoman law. An illegal association; a collegium engaging \nin illegal activity . Members ofan illicitum collegium \nwere subject to prosecution. \nIllinois land trust. See land trust under TRUST. \nilliquid asset. See ASSET. \nillusory (i-Ioo-s<)-ree), adj. (17c) Deceptive; based on a \nfalse impression. \nillusory appointment. See APPOINTMENT (4). \nIllusory Appointment Act. An 1830 English statute \nproviding that no appointment of property is to be \ndeclared invalid on grounds that it is illusory . This \nstatute was repealed and reissued in 1925 as part ofthe \nLaw ofProperty Act. \nillusory contract. See CONTRACT. \nillusory promise. See PROMISE. \nillusory tenant. See TE::-IANT. \nillusory-transfer doctrine. The rule that the law disre\ngards an inter vivos gift over which the donor retains so \nmuch control that there is no good-faith intent to relin\nquish the transferred property. The illusory-transfer \ndoctrine is usu. applied to inter vivos trusts in which \nthe settlor retains an excessive control or an interest \nfor instance, one in which the settlor retains the income \nfor life, the power to revoke, and substantial managerial \npowers. The leading case on this doctrine is Newman \nv. Dore, 9 N.E.2d 966 (N.Y. 1937). See colorable transfer \nunder TRANSFER. [Cases: Trusts (;::::>34(1).] \nillusory trust. See TRUST. \nillustrative evidence. See demonstrative evidence under \nEVIDENCE. \nimaginary damages. See punitive damages under \nDAMAGES. \nimagining. See COMPASSING. \nimbargo. Archaic. See EMBARGO (1). \nimbecile (im-ba-sal or -sil). A person afflicted with severe \nmental retardation. Cf. IDIOT. \nimbezzle. Archaic. See EMBEZZLE. \nimbracery. See EMBRACERY. \nIMCO. abbr. INTERGOVERNMENTAL MARITIME CONSUL\nTATIVE ORGANIZATION. \nIME. abbr. 1. INDEPENDENT MEDICAL EXAMINATION. 2. \nINDEPENDENT MENTAL EVALUATION. \nIMF. abbr. INTERNATIONAL MONETARY FUND. \nimitation. Trademarks. An item that so resembles a \ntrademarked item as to be likely to induce the belief \nthat it is genuine. See SIMILARITY. [Cases: Trademarks \n(::::::'1095.J \n\"The law of trade marks is of recent origin, and may be \ncomprehended in the proposition that a dealer 'has a \nproperty in his trade mark.' The ownership is allowed to \nhim. that he may have the exclusive benefit of the reputa\ntion which his skill has given to articles made by him. and \nthat no other person may be able to sell to the public. as his. that which is not his. An imitation of his mark, with \npartial differences such as the public would not observe, \ndoes him the same harm as an entire counterfeit. If the \nwholesale buyer, who is most conversant with the marks, \nis not misled, but the small retailer or the consumer is, the \ninjury is the same in law. and differs only in degree.\" Clark \nv. Clark. 25 Barb. 76 (N.Y. 1857). \n\"It is no excuse that one using the trade-marks of another \ninforms his dealers of the imitation. for succeeding sellers \nmay not make similar disclosures.\" James Kent, 2 Com \nmentaries on American Law *372 n. 8 (George Comstock \ned., 11 th ed. 1866). \nIMLS. abbr. I::-ISTITUTE OF MUSEUM AND LIBRARY \nSERVICES. \nimmaterial, adj. (1893) (Of evidence) tending to prove \nsome fact that is not properly at issue; lacking any \nlogical connection with the consequential facts. Cf. \nIRRELEVANT. [Cases: Criminal Law (;::::>338; Evidence \n(;::::>143.] immateriality, n. \n''The rules of substantive law and of pleading are what \ndetermine immateriality; and if the probandum is imma\nterial, of course no evidence to prove it is wanted.\" John \nH. Wigmore, A Students' Textbook of the Law of Evidence \n37 (1935). \nimmaterial averment. See AVERMENT. \nimmaterial evidence. See EVIDENCE. \nimmaterial fact. See FACT. \nimmaterial issue. See ISSUE (1). \nimmaterial variance. See VARIANCE (1). \nimmatriculation. Int'llaw. The grant of nationality to \nand enrollment on the national registry ofa merchant \nship, thereby giving the ship the right to fly the regis\ntering nation's flag. \nimmaturity. See MINORITY (1). \nimmediate, adj. (15c) L Occurring without delay; instant \n<an immediate acceptance>. 2. Not separated by other \npersons or things <her immediate neighbor>. 3. Having \na direct impact; without an intervening agency <the \nimmediate cause of the accident>. Cf. PROXIMATE. \n[Cases: Negligence (;::::>385.] -immediacy, immedi\nateness, n. \nimmediate annuity. See ANNUITY. \nimmediate breach. See BREACH OF CONTRACT. \nimmediate cause. See CAUSE (1). \nimmediate control. (1962) Criminal procedure. 1. The \narea within an arrestee's reach . A police officer may \nconduct a warrantless search ofthis area to ensure the \nofficer's safety and to prevent the arrestee from destroy\ning evidence. [Cases: Arrest (;::::>71.1(5); Automobiles \n(;::::>349.5(10).) 2. Vehicular control that is close enough \nto allow the driver to instantly govern the vehicle's \nmovements . A driver's failure to maintain immedi\nate control over the vehicle could be evidence of neg\nligence. \nimmediate death. See DEATH. \nimmediate descent. See DESCENT. \nimmediate family. See FAMILY. \n\n811 \nimmediate intent. See INTENT (1). \nimmediately-apparent requirement. (1978) Criminal \nprocedure. The principle that a police officer must have \nprobable cause to believe that an item is contraband \nbefore seizing it . This plain-view exception to the \nwarrant requirement was first announced in Coolidge v. \nNew Hampshire, 403 U.S. 443, 91 S.Ct. 2022 (1971). \n\"An object may not be seized from a car merely because the \npolice plain view of it was lawfully acquired; there must be \nprobable cause that the object is a fruit, instrumentality or \nevidence of crime. And under the 'immediately apparent' \nrequirement of Coolidge v. New Hampshire, this probable \ncause must be determined without examination of the \nobject other than is justified by the purpose underlying \npolice entry of the vehicle.\" Wayne R. LaFave & Jerold H. \nIsrael, Criminal Procedure  3.7, at 201 (2d ed. 1992). \nimmediately harmful behavior. See HARMFUL BEHA\nVIOR. \nimmediately pending motion. See MOTION (2). \nimmediate notice. See NOTICE. \nimmediate-notice clause. Insurance. A provision in \nmany insurance policies obligating the insured to notify \nthe insurer as soon as possible after a claim arises . A \nrequirement in a policy for \"prompt\" or \"immediate\" \nnotice or that notice must be given \"immediately,\" \n\"at once,\" \"forthwith,\" \"as soon as practicable,\" or \"as \nsoon as possible\" -generally means that the notice \nmust be given within a reasonable time under the cir\ncumstances. [Cases: Insurance ~3154.] \nimmediate past president. 1. See PRESIDENT. 2. See \nEMERITUS. \nimmediate possession. See POSSESSION. \nimmemorial (im-a-mor-ee-al), adj. (l7c) Beyond \nmemory or record; very old. See TIME IMMEMORIAL. \nimmemorial possession. See POSSESSION. \nimmemorial usage. See USAGE. \nimmigrant. (l8c) A person who enters a country to \nsettle there permanently; a person who immigrates. \nCf. EMIGRANT. \nalien immigrant. An immigrant who has not yet been \nnaturalized. \nimmigration, n. (17c) The act ofentering a country with \nthe intention of settling there permanently. Cf. EMI\nGRATION. [Cases: Aliens, Immigration, and Citizenship \n(,..~ 100-430.] -immigrate, vb. immigrant, n. \nImmigration and Nationality Act. A comprehensive \nfederal law regulating immigration, naturalization, and \nthe exclusion of aliens. 8 USCA  1101-1537. -Also \ntermed Nationality Act. [Cases: Aliens, Immigration, \nand Citizenship ~102.] \nImmigration and Naturalization Service. A former U.S. \nDepartment ofJustice agency that administered the \nImmigration and Nationality Act and operates the U.S. \nBorder Patrol. -Abbr. INS. See UNITED STATES CITI\nZENSHIP AND IMMIGRATION SERVICES. [Cases: Aliens, \nImmigration, and Citizenship ~140-155.] immunity \nImmigration Appeals Board. See BOARD OF IMMIGRA\nTION APPEALS. \nimminent danger. See DANGER. \nimminent hazard. See HAZARD (1). \nimminently dangerous. See DANGEROUS. \nimminent-peril doctrine. See EMERGENCY DOCTRINE \n(1). \nimmiscere (i-mis-a-ree), vb. [Latin] Roman law. To mix \nor mingle with; to meddle with . This term took on the \nfigurative sense of meddling in another's affairs (e.g., \nacting as ifone were an heir), for which a person could \nbe held accountable. \nimmobilia (im-<l-bil-ee-<l). Immovables. -Also termed \nres immobiles (reez i-moh-b<l-leez). \nimmobilia situm sequuntur (im-a-bil-ee-<l sl-tam \nsa-kwan-tar). [Latin] Immovable things follow their \nsite. This principle means that immovables are \ngoverned by the law ofthe place where they are fixed. \nSometimes shortened to immobilia situm. \nimmobilis, adj. (i-moh-b<l-lis). [Latin] Immovable. \nimmobilize, vb. (1871) To make immobile; esp., to turn \n(movable property) into immovable property or to turn \n(circulating capital) into fixed capital. \nimmoral consideration. See CONSIDERATION (1). \nimmoral contract. See CONTRACT. \nimmoral subject matter. 1. Patents. Inventions that do \nnot have a socially beneficial use . In the past, patents \nwere denied for some categories of inventions, such \nas gambling devices and fraudulent products, esp. \nmedicines. The doctrine is rarely used today. [Cases: \nPatents ~46.] 2. Trademarks. SCANDALOUS SUBJECT \nMATTER. \nimmovable, n. (usu. pl.) (16c) Property that cannot be \nmoved; an object so firmly attached to land that it is \nregarded as part ofthe land. Also termed immovable \nthing. See FIXTURE. Cf. MOVABLE. [Cases: Fixtures \n1; Property (::::'4.] immovable, adj. \n\"Considered in its legal aspect, an immovable, that is to \nsay, a piece of land, includes the following elements: -1. \nA determinate portion of the earth's surface. 2. The ground \nbeneath the surface down to the centre of the world. All the \npieces of land in England meet together in one terminable \npoint at the earth's centre. 3. Possibly the column of space \nabove the surface ad infinitum.\" John Salmond, Jurispru\n"}
{"text": "'s centre. 3. Possibly the column of space \nabove the surface ad infinitum.\" John Salmond, Jurispru\ndence 428 (Glanville L. Williams ed., 10th ed. 1947). \nimmovable fixture. See FIXTURE. \nimmune, adj. Having immunity; exempt from a duty \nor liability. \nimmunity. (14c) 1. Any exemption from a duty, liability, \nor service of process; esp., such an exemption granted to \na public official or governmental unit. Cf. IMPUNITY. \n\"An immunity is a defense to tort liability which is con\nferred upon an entire group or class of persons or entities \nunder circumstances where considerations of public policy \nare thought to require special protection for the person, \nactivity or entity in question at the expense of those injured \nby its tortious act. Historically, tort litigation against units \nof government, public officers, and charities, and between \n\n818 immunity \nspouses, parents and children, has been limited or pro\nhibited on this basis.\" Edwardj. Kionka, Torts in a Nutshell \n341 (2d ed. 1992). \nabsolute immunity. (17c) A complete exemption from \ncivil liability, usu. afforded to officials while perform\ning particularly important functions, such as a rep\nresentative enacting legislation and a judge presiding \nover a lawsuit. Cf. qualified immunity. [Cases: Officers \nand Public Employees~;:, 114.] \ncongressional immunity. (1969) Either of two special \nimmunities given to members of Congress: (1) the \nexemption from arrest while attending a session of \nthe body to which the member belongs, excluding an \narrest for treason, breach of the peace, or a felony, \nor (2) the exemption from arrest or questioning for \nany speech or debate entered into during a legislative \nsession. U.S. Const. art. I,  6, cl. 1. See SPEECH AND \nDEBATE CLAUSE. [Cases: United States C::;) 12.] \nconstitutional immunity. (1852) Immunity created by \na constitution. \ndiplomatic immunity. (1911) 1he general exemption of \ndiplomatic ministers from the operation oflocallaw, \nthe exception being that a minister who is plotting \nagainst the security ofthe host nation may be arrested \nand sent out of the country. A minister's family \nshares in diplomatic immunity to a great, though ill\ndefined, degree. [Cases: Ambassadors and Consuls \nC=>3.] \ndiscretionary immunity. (1965) A qualified immunity \nfor a public official's acts, granted when the act in \nquestion required the exercise of judgment in carrying \nout official duties (such as planning and policy-mak\ning). 28 USCA  2680(a). [Cases: Municipal Corpora\ntions (:=)728.] \n\"Probably no one test will control the decision on discre\ntionary immunity. Although the fact that the government \nhas omitted to act is not in itself a defense, the discretion\nary immunity is frequently emphasized in nonfeasance \ncases. On the other hand, where the government's activity \nis affirmative, specific, and in violation of a statute, regu\nlation, or constitutional provision imposing a duty upon \ngovernment, courts are often willing to say there is no \nroom for discretion.\" Prosser and Keeton on the Law of Torts \n 131, at 1041-42 (W. Page Keeton ed., 5th ed. 1984). \nexecutive immunity. (1941) 1. The absolute immunity \nof the U.S. President or a state governor from civil \ndamages for actions that are within the scope of \nofficial responsibilities. lCases: United States ~;) \n26.] 2. The qualified immunity from civil claims \nagainst lesser executive officials, who are liable only \niftheir conduct violates dearly established constitu\ntional or statutory rights . Executive immunity gen\nerally protects an official while carrying out clearly \nestablished responsibilities about which a reasonable \nperson would know. Cf. executive privilege under \nPRIVILEGE (3). \nforeign immunity. The immunity of a foreign sover\neign, its agents, and its instrumentalities from liti\ngation in U.S. courts. [Cases: International Law \n10.31-10.39.] government immunity. See sovereign immunity. \nintergovernmental immunity. (1935) The immunity \nbetween the federal and state governments based on \ntheir independent sovereignty. See I:>ITERGOVERN\nMENTAL-IMMUNITY DOCTRINE. \njudicial immunity. (1850) The immunity of a judge \nfrom civil liability arising from the performance of \njudicial duties. [Cases: Judges C=>36.] \nlegislative immunity. (1890) The immunity ofa legisla\ntor from civil liability arising from the pertormance of \nlegislative duties. See congressional immunity. [Cases: \nMunicipal Corporations ~~,170.] \nprosecutorial immunity. The absolute immunity of \na prosecutor from civil liability for decisions made \nand actions taken in a criminal prosecution. [Cases: \nDistrict and Prosecuting Attorneys C=> 10;] \nqualified immunity. (1877) Immunity from civillia\nbility for a public official who is performing a dis\ncretionary function, as long as the conduct does not \nviolate clearly established constitutional or statu\ntory rights. Also termed prima facie privilege. Cf. \nabsolute immunity. [Cases: Civil Rights C=> 1376; \nOfficers and Public Employees (:=.) 114.] \nsovereign immunity. (1857) 1. A government's \nimmunity from being sued in its own courts without \nits consent.  Congress has waived most ofthe federal \ngovernment's sovereign immunity. See FEDERAL \nTORT CLAIMS ACT. [Cases: United States C=> 125.] 2. \nA state's immunity from being sued in federal court \nby the state's own citizens. Also termed government \nimmunity; governmental immunity. \nwork-product immunity. See WORK-PRODUCT RULE. \n2. Torts. A doctrine proViding a complete defense to a \ntort action. Unlike a privilege, immunity does not \nnegate the tort, and it must be raised affirmatively or it \nwill be waived. Cf. PRIVILEGE (2). \ncharitable immunity. (1935) The immunity ofa chari\ntable organization from tort liability. -This immunity \nhas been eliminated or restricted in most states. \nAlso termed eleemosynary defense. [Cases: Charities \nC=>45(2).] \ncorporate immunity. A corporate officer's immunity \nfrom personal liability for a tortious act committed \nwhile acting in good faith and within the course of \ncorporate duties. \nhusband-wife immunity. (1951) The immunity of \none spouse from a tort action by the other spouse \nfor personal injury . The immunity arose from the \nage-old notion that a husband and wife were one in \nthe eyes of the law, so that one could not injure the \nother there being no \"other.\" Most states and the \nDistrict ofColumbia have abolished interspousal tort \nimmunity either by judicial opinion or by statute. \nSome states have abolished the rule only in specific \ninstances such as intentional or vehicular torts. \nAlso termed interspousal immunity; interspousal tort \n\n819 \nimmunity; marital immunity. [Cases: Husband and \nWife (::::>205(2).] \ninterspousal immunity. See husband-wife immunity \njudgmental immunity. See ERROR-OF-JUDGMENT \nRULE. \nmarital immunity. See husband-wife immunity. \nparental immunity. (1930) 1. The principle that children \ncannot sue their parents, and that parents cannot sue \ntheir children, for tort claims. This tort immunity \ndid not exist at English common law; it was created \nby American courts, first appearing in Hewellette v. \nGeorge, 9 So. 885 (Miss. 1891). Many courts have abol\nished the doctrine for some purposes, such as actions \nby unemancipated minors against parents to recover \nfor injuries sustained in motor-vehicle accidents. \nSee, e.g., Merrick v. Sutterlin, 610 P.2d 891 (Wash. \n1980) (en bane). Nor does the immunity apply when \nan injury is inflicted by the parent or child through \nwillful, wanton, or criminal conduct. See, e.g., Nudd v. \nMatsoukas, 131 N.E.2d 525 (Ill. 1956). Also termed \nparent-child immunity; parental-immunity doctrine. \n[Cases: Parent and Child ~'\")1l.]2. The principle \nthat parents are not liable for damages caused by the \nordinary negligence oftheir minor child. Cf. PAREN\nTAL-LIABILITY STATUTE. [Cases: Parent and Child \n(;::J 13.5(2).] \n3. Criminal law. Freedom from prosecution granted \nby the government in exchange for the person's testi\nmony. By granting immunity, the government can \ncompel testimony despite the Fifth Amendment \nright against self-incrimination -because that testi\nmony can no longer incriminate the witness. [Cases: \nCriminal Law (::::>42.] \npocket immunity. (I983) Immunity that results from \nthe prosecutor's decision not to prosecute, instead \noffrom a formal grant ofimmunity. -Also termed \ninformal immunity. [Cases: Criminal Law (::::>42.] \ntestimonial immunity. (1938) Immunity from the use \nofthe compelled testimony against the witness. Any \ninformation derived from that testimony, however, \nis generally admissible against the witness. [Cases: \nCriminal Law (::::>42; Witnesses (::::>304.] \n'Testimonial immunity is a logical corollary to a person's \nfifth amendment right not to 'be compelied in any criminal \ncase to be a witness against himself.' It provides that when \na witness is compelled to testify for any reason, his testi\nmony cannot be used against him in a subsequent criminal \nproceeding. It also follows that the immunity is not avail\nable where the witness testifies voluntarily, and that the \nprotection applies only in a subsequent criminal prosecu\ntion in which the witness is subject to prosecution for an \noffense related to his earlier testimony.\" 2 Paul H. Robinson, \nCriminal Law Defenses  205, at 482-83 (1984). \ntransactional immunity. (1966) Immunity from pros\necution for any event or transaction described in the \ncompelled testimony . This is the broadest form of \nimmunity. [Cases: Criminal Law (::::>42.] \nuse immunity. (1970) Immunity from the use of the \ncompelled testimony (or any information derived \nfrom that testimony) in a future prosecution against imparl \nthe witness. After granting use immunity, the gov\nernment can still prosecute ifit shows that its evidence \ncomes from a legitimate independent source. -Also \ntermed use/derivative-use immunity; derivative-use \nimmunity. [Cases: Criminal Law (\"\"::>42.] \n4. Freedom of a person against having a given legal \nrelation altered by someone else's act or omission. \nimmunize, vb. (1892) To grant immunity to <the new \nlegislation immunized the police officers from liabil\nity>. \nimpacted area. A region that is affected by some event; \nesp., a region in which the school population increases \ndue to an influx offederal employees who are working \non a federal project or activity, but the tax revenue \ndeclines due to the U.S. government's immunity from \nlocal taxes. \nimpact rule. (1865) Torts. The common-law require\nment that physical contact must have occurred to allow \ndamages for negligent infliction ofemotional distress . \nThis rule has been abandoned in most jurisdictions. \nAlso termed physical-impact rule. [Cases: Damages \n57.16(2).] \nimpair, vb. (17c) To diminish the value of(property or a \nproperty right) . This term is commonly used in refer\nence to diminishing the value ofa contractual obliga\ntion to the point that the contract becomes invalid or a \nparty loses the benefit ofthe contract. See CONTRACTS \nCLAUSE. \nimpaired capital. See CAPITAL. \nimpairing the morals ofa minor. (1931) The offense of \nan adult's engaging in sex-related acts, short of inter\ncourse, with a minor. Examples of this conduct are \nfondling, taking obscene photographs, and showing \npornographic materials. -Also termed unlawful \nsexual conduct with a minor; corrupting; corruption of \na minor. Cf. CONTRIBUTI\"'G TO THE DELINQUENCY OF \nA MI\"'OR. [Cases: Infants 13.] \nimpairment, n. (14c) The fact or state ofbeing damaged, \nweakened, or diminished <impairment of collat\neral>. -impair, vb. \nsevere impairment. In social-security or disability \nlaw, a physical or mental impairment that greatly \nrestricts a person's ability to perform ordinary, neces\nsary tasks ofdaily life. See DISABIUTY (2); MAJOR LIFE \nACTIVITY. [Cases: Social Security and Public Welfare \nC=140.20.] \nimpalement, n. (l7c) Hist. An ancient mode of inflict\ning punishment by thrusting a sharp pole through the \nbody. Formerly also spelled empalement. -impale, \nvb. \nimpanel, vb. See EMPANEL. \nimpaneled jury. See JURY. \nimparcare (im-pahr-kair-ee), vb. [Law Latin \"to enclose\"] \nHist. To impound; to confine in prison. See CAReER. \nimparl (im-pahrl), vb. 1. Hist. To request or obtain an \nimparlance. 2. To confer with the opposing party in \n\n820 imparlance \nan effort to settle a dispute amicably; to discuss settle\nment. \nimparlance (im-pahr-l~nts). Hist. 1. A continuance \ngranted for the purpose ofgiving the requesting party \n(usu. the defendant) further time to answer the adver\nsary's last pleading (esp. the plaintiff'"}
{"text": "\n(usu. the defendant) further time to answer the adver\nsary's last pleading (esp. the plaintiff's writ, bill, or \ncount), often so that the parties will have time to settle \nthe dispute. -Imparlances were abolished in England \nin 1853.2. A petition for such a continuance. 3. The per\nmission granting such a continuance. -Formerly also \nspelled emparlance. -Also termed licentia loquendi. \n\"After defence made, the defendant must put in his plea. \nBut, before he pleads, he is entitled to demand one impar' \nlance, or licentia loql.lendi, and may have more granted \nby consent of the plaintiff; to see if he can end the matter \namicably without farther suit, by talking with the plain \ntiff ....\" 3 William Blackstone, Commentaries on the Laws \nofEngland 298 (1768). \n\"An imparlance is the time allowed by the court to \neither party, upon request, to answer the pleading of \nhis opponent. Imparlance, from the French 'parler' -to \nspeak in its most common signification, means time to \nplead. Formerly the parties, in the course of oral pleadings, \nwere allowed time to speak or confer with one another, so \nthat they might endeavor to settle the matters in dispute, \nand later, when the pleadings came to be in writing, the \ncourt permitted a certain time for each to plead to or \nanswer the pleading of his opponent. In modern practice \nthe term is rarely used ....\" BenjaminJ. Shipman, Handbook \nof CommonLaw Pleading  234, at 405 (Henry Winthrop \nBallantine ed., 3d ed. 1923). \ngeneral imparlance. The allowance of time until the \ncourt's next term, without reserving to the defen\ndant the benefit of any exception. -With this type \nofimparlance, the requesting defendant cannot later \nobject to the jurisdiction of the court or plead any \nmatter in abatement. \ngeneral special imparlance. The allowance of time \nwith a saving of all exceptions, so that a defendant \nmight later plead not only in abatement but also to \nthe jurisdiction. \nspecial imparlance. The allowance of time with a \nsaving only of exceptions to the writ, bill, or count, \nbut not to the court's jurisdiction. \nimpartial, adj. (16c) Unbiased; disinterested. \nimpartial chair. (1993) 1. ARBITRATOR. 2. MEDIATOR. \nAlso termed impartial chairman. \nimpartial expert. See EXPERT. \nimpartial jury. See JURY. \nimpartible (im-pahr-t;J-b;Jl), adj. (14c) Indivisible <an \nimpartible estate>. \nimpartible feud. See FEUD (1). \nimpasse (im-pas). A point in negotiations at which \nagreement cannot be reached. - A neutral third party \n(such as a mediator) is often called in to help resolve \nan impasse. \n\"Not only is the employer free after impasse to implement \nchanges already offered to the union, but either party is \nfree after impasse to decline to negotiate further. Since \nimpasse signifies that the parties have exhausted (at least \ntemporarily) the avenues of bargaining, termination of bargaining at that point cannot be thought to demon \nstrate a cast of mind against reaching agreement.\" Robert \nA. Gorman, Basic Text on Labor Law: Unionization and Col\nlective Bargaining 447 (1976). \nimpeach, vb. (14c) 1. To charge with a crime or miscon\nduct; esp., to formally charge (a public official) with a \nviolation of the public trust <President Nixon resigned \nfrom office to avoid being impeached>. _ Impeaching \na federal official, such as the President, the Vice Presi\ndent, or a judge, requires that a majority of the U.S. \nHouse of Representatives vote to return at least one \narticle of impeachment to the U.S. Senate, itemizing \nthe charges and explaining their factual grounds. Even \nif an official is impeached, removal from office does \nnot occur unless two-thirds of the senators who are \npresent vote for conviction. 2. To discredit the veracity \nof (a witness) <the lawyer hoped that her star witness \nwouldn't be impeached on cross-examination>. [Cases: \nWitnesses (;::>311-409.]3. To challenge the accuracy or \nauthenticity of (a document) <the handwriting expert \nimpeached the holographic will>. \nimpeachable offense. An offense for which a public \nofficial may legally be impeached, during the first step \nin a two-step process that may, depending on the vote \nin the U.S. Senate, lead to the official's removal from \noffice. -The U.S. Constitution states that \"[tlhe Presi\ndent, Vice President and all civil Officers ofthe United \nStates, shall be removed from Office on Impeachment \nfor, and Conviction of, Treason, Bribery, or other high \nCrimes and Misdemeanors.\" The meaning of this \nlanguage was much debated during the impeachment \nand trial of President Bill Clinton, against whom two \narticles ofimpeachment were returned by the House of \nRepresentatives. 1he question arose concerning what \ntype of misdemeanor will suffice, and whether the \nhigh in high crimes modifies misdemeanors as well. No \ndefinitive answer resulted from the proceedings. \nimpeachment. (l6c) 1. The act (by a legislature) ofcalling \nfor the removal from office ofa public official, accom\nplished by presenting a written charge of the official's \nalleged misconduct; esp., the initiation ofa proceeding \nin the U.S. House of Representatives against a federal \nofficial, such as the President or a judge. Also termed \nformal impeachment. _ Congress's authority to remove \na federal official stems from Article II, Section 4 of \nthe Constitution, which authorizes the removal of an \nofficial for \"Treason, Bribery, or other high Crimes and \nMisdemeanors.\" The grounds upon which an official \ncan be removed do not, however, have to be criminal in \nnature. They usu. involve some type of abuse of power \nor breach of the public trust. Articles of impeach\nment which can be approved by a simple majority in \nthe House serve as the charging instrument for the \nlater trial in the Senate. Ifthe President is impeached, \nthe ChiefJustice of the Supreme Court presides over the \nSenate trial. The defendant can be removed from office \nby the vote of a two-thirds majority ofthe senators who \nare present. In the United Kingdom, impeachment is \nby the House of Commons and trial by the House of \nLords. But no case has arisen there since 1801, and \n\n821 imperitia \nmany British scholars consider impeachment obsolete. \n[Cases: United States <:>35.] 2. The act of discredit\ning a witness, as by catching the witness in a lie or by \ndemonstrating that the witness has been convicted of \na criminal offense. [Cases: Witnesses C::::)31l-409.] 3. \nThe act of challenging the accuracy or authenticity of \nevidence. \nformal impeachment. 1. The discrediting ofa witness's \ntestimony by confronting the witness with his or her \nspecific untruthful acts, prior convictions, prior \ninconsistent statements, or the like. 2. See IMPEACH\nMENT (1). \nimpeachment court. See COURT FOR THE TRIALS OF \nIMPEACHMENT. \nimpeachment evidence. See EVIDENCE. \nimpeachment ofverdict. (1821) A party's attack on a \nverdict, alleging impropriety by a member of the jury. \n[Cases: New Trial <:>44, 143; Trial <:>344.] \nimpeachment ofwaste. Hist. An action for waste against \nthe tenant of the harmed property. \n\"[FIor above five hundred years past, all tenants for life \nor for any less estate, have been punishable or liable \nto be impeached for waste, both voluntary and permis' \nsive; unless their leases be made, as sometimes they are, \nwithout impeachment of waste ... :. 2 William Blackstone, \nCommentaries on the Laws ofEngland 283 (1766). \nimpechiare (im-pee-chee-air-ee), vb. [fro Law French \nempescher \"to impeach\"] Hist. To impeach; to accuse. \nimpediens (im-pee-dee-enz). [Law Latin] Hist. A person \nwho hinders. _ The defendant (or deforciant) in a fine of \nconveyance was sometimes so called. See FINE (1). \nimpediment (im-ped-;:l-m;:lnt). (14c) A hindrance or \nobstruction; esp., some fact (such as legal minority) \nthat bars a marriage ifknown beforehand and, if dis\ncovered after the ceremony, renders the marriage void \nor voidable. \ncanonical impediment. A ground for annulment recog\nnized by canon law and developed by the ecclesiastical \ncourts of the Roman Catholic Church. -Canonical \nimpediments include affinity, impotence, disparity of \nworship, and previous religious profession. \ncivil impediment. A ground for annulment recognized \nby civil law ofcontracts, such as minority, unsound\nness of mind, fraud, and duress. _ The defects of \nfraud and duress may be waived, and the parties may \nconfirm the marriage. \ndiriment impediment (dir-Cl-m<Jnt im-ped-;:l-m;:lnt), n. \n[fro Latin dirimens impedimentum \"nullifying impedi\nment\"] A fact that raises an absolute bar to marriage \nand renders a contracted marriage void. -Diriment \nimpediments include consanguinity within a prohib\nited degree and a prior undissolved marriage. Also \ntermed impedimenta dirimentia. \nimpedimenta dirimentia. See diriment impediment \nunder IMPEDIMENT. impedimentum rebus agendis (im-ped-;:l-men-t;:lm \nree-b;:ls <l-jen-dis). [Law Latin] Hist. A hindrance to \nthe transaction ofbusiness. \nimpeditor (im-ped-;:l-t;:lr). [Law Latin] Hist. A person \nwho interferes with a patron's right of advowson, i.e., \nthe right to appoint a clerk to a benefice. -Also termed \ndisturber. See DE CLERICO ADMITTENDO. \nimpensae (im-pen-see), n. pl. [Latin] Roman law. Expen\nditures made on a thing. \nimpensae necessariae (im-pen-see nes-;:l-sair-ee-ee). \nExpenditures necessary to prevent deterioration, \ndestruction, or loss of a thing -such as money \nexpended for building repair or maintenance. \nimpensae utiles (im-pen-see yoo-t;:l-leez). Useful \nexpenditures that improve something and increase \nits selling value. \nimpensae voluptariae (im-pen-see vol-;:lp-tair-ee-ee). \nExpenditures made on a thing for ornamental \npurposes only. \nimperative authority. See AUTHORITY (4). \nimperative law. See LAW. \nimperative theory of law. (1909) The theory that law \nconsists ofthe general commands issued by a country or \nother political community to its subjects and enforced \nby courts with the sanction ofphysical force. -Impera\ntive theorists believe that if there are rules predating \nor independent ofthe country, those rules may closely \nresemble law or even substitute for it, but they are not \nlaw. See POSITIVE LAW. C[ NATURAL LAW. \nimperfect defense. See DEFENSE (1). \nimperfect duty. See DUTY (1). \nimperfect grant. See GRANT. \nimperfect justification. See JUSTIFICATION. \nimperfect obligation. See moral obligation under OBLI\nGATION. \nimperfect ownership. See OWNERSHIP. \nimperfect right. See RIGHT. \nimperfect self-defense. See SELF-DEFENSE. \nimperfect statute. See STATUTE. \nimperfect title. See TITLE (2). \nimperfect trust. See executory trust under TRUST. \nimperfect usufruct. See quasi-usufruct (1) under usu-\nFRUCT. \nimperfect war. See WAR. \nimperial state. See STATE. \nimperitia (im-p;:l-rish-ee-<l), n. [Latin] Roman law. Lack \nof skill or competence; inexperience. -The Romans \nconsidered imperitia to be a type of culpa that gave rise \nto liability in tort or liability under a contract calling \nfor the rendering ofservices (such as a locatio conductio \noperis). Imperitus could denote a person, such as a judge \nwho was incompetent in what he undertook. \n\nimperium 822 \nimperium (im-peer-ee-dm), n. [Latin] Roman law. \nPower or dominion; esp., the legal authority wielded by \nsuperior magistrates under the Republic, and later by \nthe emperor under the Empire . Imperium implied the \nright ofmilitary command, and the powers ofcorporal \npunishment, and oflife and death over citizens. It was \nsymbolized by the lictors who carried the fasces and \nan ax, which symbolized those powers. Imperium was \nalso used less technically; it applied to lesser types \nof authority under Roman law, and thus had differ\nent meanings. For example, imperium domesticum \ndescribed the power of the head ofa household. \nimperium merum (im-peer-ee-dm meer-dm). [Latin \n\"bare power\" or \"absolute executive power\"] Roman \nlaw. A higher magistrate's power to use force to \nrepress crime. \nimperium mixtum (im-peer-ee-dm miks-tdm). [Latin \n\"mixed power\"] Roman law. A magistrate's authority \nto make and enforce decisions in civil and criminal \nmatters. \nimpermissible comment on the evidence. See COMMENT \nON THE EVIDENCE. \nimpersonal. See IN REM. \nimpersonation. (18c) The act of impersonating \nsomeone. Also termed personation. \nfalse impersonation. (1878) The crime offalsely repre\nsenting oneself as another person, usu. a law-enforce\nment officer, for the purpose of deceiving someone. \nSee 18 USCA  912-917. Also termed false person\nation. (Cases: False Personation ~~1.] \nimpertinent, adj."}
{"text": "-917. Also termed false person\nation. (Cases: False Personation ~~1.] \nimpertinent, adj. See IRRELEVANT. \nimpertinent evidence. See EVIDENCE. \nimpertinent matter. (18c) Procedure. In pleading, \nmatter that is not relevant to the action or defense. \n A federal court may strike any impertinent matter \nfrom a pleading. Fed. R. Civ. P. 12(f). Cf. SCANDAL\nous MATTER. [Cases: Federal Civil Procedure (;:\"::>1127; \nPleading 364(4).] \n''The court will not strike out the matter unless its imperti\nnence clearly appears; for if erroneously stricken out, the \nerror is irremediable; if left to stand, the court may set the \nmatter right in taxing the costs. Matter which is scandalous \nis also impertinent.\" William C. Anderson. A Dictionary Of \nLaw 526 (1889). \nimpescare (im-pd-skair-ee), vb. (fr. Law French empe\nscher \"to impeach\"] Hist. To impeach; to accuse. \nimpetitio vasti (im-p.Hish-ee-oh vas-tT). See IMPEACH\nMENT OF WASTE. \nimpetrare (im-pd-trair-ee), vb. [Latin] Roman law. To \nobtain by request . This word often appeared in peti\ntions requesting a formula for an action from a praetor. \nIt performed a similar function under English law for \nthose seeking a writ from Chancery. The English word \nimpetrate derives from this Latinism. Cf. FORMULA. \nimpetration (im-pd-tray-shdn). 1. Hist. The act ofpeti\ntioning for a writ. 2. Hist. Eccles. law. The act ofobtaining a papal benefice for bestowal by the king or other \nlay patron. -impetrate, vb. \nimpignorata (im-pig-n<'l-ray-td). [Law Latin] Hist. Given \nin pledge; pledged or mortgaged. \nimpignoration (im-pig-nd-ray-sh<ln), n. Hist. The act of \npawning or putting to pledge. -impignorate, vb. \nimpinge, vb. (17c) To encroach or infringe (on or upon) \n<impinge on the defendant's rights>. \nimplacitare (im-plas-<'l-tair-ee), vb. [fro Latin placitum \n\"plea\"] Hist. To implead; to sue. \nimplead, vb. (14c) 1. To bring (someone) into a lawsuit; \nesp., to bring (a new party) into the action. Cf. INTER\nPLEAD. 2. Hist. To bring an action against; to accuse. \nFormerly also spelled emplead; empleet. Federal \nCivil Procedure c>281-297; Parties \nimpleader, n. (1918) A procedure by which a third party \nis brought into a lawsuit, esp. by a defendant who seeks \nto shift liability to someone not sued by the plaintiff. \nFed. R. Civ. P. 14. -Also termed third-party practice; \nvouching-in. Cf. INTERPLEADER; INTERVENTION (1). \n[Cases: Federal Civil Procedure C=)281-297; Parties \n(;:\"::>49.] \nimplementation plan. Environmental law. A detailed \noutline ofsteps needed to meet enVironmental-quality \nstandards by an established time. \nimplicate, vb. (15c) 1. To show (a person) to be involved \nin (a crime, misfeasance, etc.) <when he turned state's \nevidence, he implicated three other suspects>. 2. To be \ninvolved or affected <three judges were implicated in \nthe bribery>. \nimplication. (15c) 1. The act ofshowing involvement in \nsomething, esp. a crime or misfeasance <the implication \nof the judges in the bribery scheme>. 2. An inference \ndrawn from something said or observed <the implica\ntion was that the scheme involved several persons> . \nnecessary implication. (18c) An implication so strong \nin its probability that anything to the contrary would \nbe unreasonable. \nimplicit cost. See opportunity cost under COST (1). \nimplied, adj. (16c) Not directly expressed; recognized by \nlaw as existing inferentially <implied agreement>. See \nIMPLY (1). Cf. EXPRESS. \nimplied abandonment. See ABANDONMENT (10). \nimplied acceptance. See ACCEPTANCE (4). \nimplied acquittal. See ACQUITTAL. \nimplied actual knowledge. See actual knowledge (2) \nunder KNOWLEDGE. \nimplied admission. See ADMISSION (1). \nimplied agency. See AGENCY (1). \nimplied amnesty. See AMNESTY. \nimplied assent. See ASSENT. \nimplied assertion. See assertive conduct under \nCONDUCT. \nimplied assumption. See ASSUMPTION. \n\n823 import \nimplied assumption of the risk. See ASSUMPTION OF \nTHE RISK. \nimplied authority. See AUTHORITY (1). \nimplied bias. See BIAS. \nimplied coercion. See UNDUE INFLUENCE (1). \nimplied color. See COLOR. \nimplied condition. See CONDITION (2). \nimplied confession. See CONFESSION. \nimplied consent. See CONSENT (1). \nimplied consideration. See CONSIDERATION (1). \nimplied contract. See CONTRACT. \nimplied contractual indemnity. See INDEMNITY. \nimplied covenant. See COVENANT (1). \nimplied covenant ofgood faith and fair dealing. See \nCOVENANT (1). \nimplied crime. See constructive crime under CRIME. \nimplied dedication. See DEDICATION. \nimplied duty ofcooperation. See DUTY (1). \nimplied easement. See EASEMENT. \nimplied indemnity. See INDEMNITY. \nimplied in fact, adj. Inferable from the facts ofthe case. \nimplied-in-fact condition. See CONDITION (2). \nimplied-in-fact contract. See CONTRACT. \nimplied in law, n. (1806) Imposed by operation oflaw \nand not because of any inferences that can be drawn \nfrom the facts of the case. \nimplied-in-Iaw condition. See constructive condition \nunder CONDITION (2). \nimplied-in-Iaw contract. See CONTRACT. \nimplied intent. See INTENT (1). \nimplied license. See LICENSE. \nimplied license by acquiescence. See LICENSE. \nimplied license by conduct. See LICENSE. \nimplied license by equitable estoppel. See LICENSE. \nimplied license by legal estoppel. See LICENSE. \nimplied-license doctrine. 1. The principle that a person's \nspecific conduct may be tantamount to a grant ofper\nmission to do something. 2. The principle that in some \nspecified circumstances a statute can be construed as \nsupplying a necessary authority by operation oflaw. \nimplied malice. See MALICE. \nimplied negative covenant. See COVENANT (1). \nimplied notice. See NOTICE. \nimplied obligation. See obediential obligation under \nOBLIGATION. \nimplied partnership. See partnership by estoppel under \nPARTNERSHIP. \nimplied permission. See PERMISSION. \nimplied power. See POWER (3). implied promise. See PROMISE. \nimplied reciprocal covenant. See COVENANT (4). \nimplied reciprocal servitude. See implied reciprocal \ncovenant under COVENANT (4). \nimplied repeal. See REPEAL. \nimplied reservation. See RESERVATION. \nimplied-reservation-of-water doctrine. A legal doctrine \npermitting the federal government to use and control, \nfor public purposes, water appurtenant to federal \nlands. See EMINENT DOMAIN. [Cases: Waters and Water \nCourses \nimplied term. See TERM (2). \nimplied trust. 1. See constructive trust under TRUST. 2. \nSee resulting trust under TRUST. \nimplied waiver. See WAIVER (1). \nimplied warranty. See WARRANTY (2). \nimplied warranty of fitness for a particular purpose. \nSee WARRANTY (2). \nimplied warranty of habitability. See WARRANTY (2). \nimplied warranty of merchantability. See WARRANTY \n(2). \nimply, vb. (I4c) 1. To express or involve indirectly; \nto suggest <the opinion implies that the court has \nadopted a stricter standard for upholding punitive\ndamages awards>. Cf. INFER. 2. (Of a court) to impute \nor impose on equitable or legal grounds <the court \nimplied a contract between the parties>. 3. To read \ninto (a document) <citing grounds of fairness, the court \nimplied a condition that the parties had not expressed>. \nSee implied term under TERM (2). implication, n. \n\"Anglo-American judges, who continually evaluate facts, \noften use the phrase by implication (= by what is implied, \nthough not formally expressed, by natural inference), along \nwith its various cognates. Judges (by implication) draw \n'natural inferences' and thereby decide that something \nor other was, in the circumstances, 'implied.' Through \nthe process of hypallage a semantic shift by which the \nattributes of the true subject are transferred to another \nsubject the word imply has come to be used in reference \nto what the judges do, as opposed to the circumstances. \nThis specialized use of imply runs counter to popular lay \nuse and is not adequately treated in English-language \ndictionaries. \n'The lawyer's imply has directly encroached on the word \ninfer. Whereas nonlawyers frequently use inferfor imply, \nlawyers and judges conflate the two in the opposite direc\ntion, by using imply for infer. In analyzing the facts of a \ncase, judges will imp/yone fact from certain others. (From \nis a telling preposition.) Nonlawyers believe they must be \ninferring an additional fact from those already known; if \ncontractual terms are implied, they must surely be implied \nby the words or circumstances of the contract and not by \nthe judges.\" Bryan A. Garner, A Dictionary ofModern Legal \nUsage 423, 424 (2d ed. 1995). \nimport, n. (16c) 1. A product brought into a country from \na foreign country where it originated <imports declined \nin the third quarter>. See PARALLEL IMPORTS. 2. The \nprocess of bringing foreign goods into a country <the \nimport of products affects the domestic economy in \n\nsignificant ways>. Cf. EXPORT (1), (2). 3. The meaning; \nesp., the implied meaning <the court must decide the \nimport ofthat obscure provision>. 4. Importance; sig\nnificance <time will tell the relative import ofJudge \nPosner's decisions in American law>. \nimportation. (l7c) The bringing ofgoods into a country \nfrom another country. \nimport duty. See nCTY (4). \nimported litigation. (1927) One or more lawsuits brought \nin a state that has no interest in the dispute. \nimporter. (lSc) A person or entity that brings goods into \na country from a foreign country and pays customs \nduties. \nImport-Export Clause. (1945) U.S. Const. art. I,  10, \ncl. 2, which prohibits states from taxing imports or \nexports. _ The Supreme Court has liberally interpreted \nthis clause, allowing states to tax imports as long as the \ntax does not discriminate in favor of domestic goods. \nAlso termed Export Clause. [Cases: Customs Duties \n~1,2.] \nimport letter of credit. See LETTER OF CREDIT. \nimport quota. See QUOTA. \nimport recording. See BOOTLEG RECORDING (1). \nimportune (im-por-t[y]oon), vb. (l6c) To solicit force\nfully; to request persistently, and sometimes irk\nsomely. \nimpose, vb. (l7c) To levy or exact (a tax or duty). \nimposition. (l4c) An impost or tax. \nimpositive fact. See FACT. \nimpossibility. (l4c) 1. The fact or condition ofnot being \nable to occur, exist, or be done. 2. A fact or circumstance \nthat cannot occur, exist, or be done. 3. Contracts. A fact \nor circumstance that excuses performance because (1) \nthe subject or means of performance has deteriorated, \nhas been destroyed, or is no longer available, (2) the \nmethod ofdelivery or payment has failed, (3) a law now \nprevents performance, or (4) death or illness prevents \nperformance. _ Increased or unexpected difficulty and \nexpense do not usu. qualify as an impossibility and \nthus do not excuse performance. Also termed impos\nsibility ofperformance. [Cases: Contracts 0309.] 4. \nThe doctrine bv which such a fact or circumstance \nexcuses contra~tual performance. Cf. FRUSTRATION \n(2); IMPRACTICABILITY. [Cases: Contracts ~309.] 5. \nCriminal law. A fact or circumstance preventing the \ncommission of a crime. [Cases: Criminal Law 031, \n44.] \nfactual impossibility. (1932) Impossibility due to the \nfact that the illegal act cannot physically be accom\nplished, such as trying to pick an empty pocket. \nFactual impossibility is not a defense to the crime of \nattempt. -Also termed physical impossibility; impos\nsibility offact. [Cases: Criminal Law 44.] \nlegal impossibility. (1831) 1. Impossibility due to \nthe fact that what the defendant intended to do is \nnot illegal even though the defendant might have believed that he or she was committing a crime. \nA legal impossibility might occur, for example, if a \nperson goes hunting while erroneously believing that \nit is not hunting season. This type oflegal impossibil\nity is a defense to the crimes of attempt, conspiracy, \nand solicitation. -Also termed impossibility oflaw; \ntrue legal impossibility. [Cases: Criminal Law 031, \n2. ImpOSSibility due to the fact that an element \nrequired for an attempt has not been satisfied. _ This \ntype oflegal impossibility might occur, for example, if \na person pulls the trigger ofan unloaded gun pointed \nat another when the crime of attempt requires that \nthe gun be loaded. This"}
{"text": "\na person pulls the trigger ofan unloaded gun pointed \nat another when the crime of attempt requires that \nthe gun be loaded. This is a defense to the crime of \nattempt. [Cases: Criminal Law~'=>44.J \nobjective impossibility. Impossibility due to the nature \nof the performance and not to the inability of the indi\nvidual promisor. [Cases: Contracts 0309.] \nsubjective impossibility. Impossibility due wholly to \nthe inability of the individual promisor and not to \nthe nature of the performance. [Cases: Contracts \n309.J \nsupervening impossibility. Impossibility arising after \nthe formation ofa contract but before the time when \nthe promisor's performance is due, and arising \nbecause of facts that the promisor had no reason to \nanticipate and did not contribute to the occurrence \nof. [Cases: Contracts C== 309.] \n\"Contracting parties constantly take a voluntary risk, and \nit would make the whole basis of contract insecure if they \nwere allowed to plead every and any kind of supervening \nimpossibility. Moreover, a man need not undertake this \nkind of risk unless he chooses. He can deliberately exclude \nit by stipulations in his contract, if the other party is willing \nto contract with him on those terms.\" 2 Stephen's Commen \ntaries on the Laws ofEngland 82-83 (L. Crispin Warmington \ned., 21st ed. 1950). \nimpossibility-of-performance doctrine. (1960) The \nprinciple that a party may be released from a contract \non the ground that uncontrollable circumstances have \nrendered performance impossible. Cf. FRUSTRATION \n(2); IMPRACTICABILITY. [Cases: Contracts C'\" 309(1).] \nimpossible consideration. See CONSIDERATION (1). \nimpossible contract. See CONTRACT. \nimpost (im-pohst). (16c) A tax or duty, esp. a customs \nduty <the impost was assessed when the ship reached \nthe mainland>. See DUTY (4). \nimpostor (im-pos-t~r). (l6c) One who pretends to be \nsomeone else to deceive others, esp. to receive the \nbenefits of a negotiable instrument. -Also spelled \nimposter. [Cases: Banks and Banking c..~147; Bills and \nNotes C==201, 279.] \nimpostor rule. Commercial law. The principle that an \nimpostor's indorsement of a negotiable instrument is \nnot a forgery, and that the drawer or maker who issues \nthe instrument to the impostor is negligent and there\nfore liable to the holder for payment. -If a drawer or \nmaker issues an instrument to an impostor, any result\ning forgery of the payee's name will be effective in favor \nof a person paying on the instrument in good faith or \n\n825 \ntaking it for value or collection. UCC  3-404. [Cases: \nBanks and Banking (;=> 147; Bills and Notes (;=>201, \n279.] \nimpotence (im-p;H;;mts). (lSc) 1. A man's inability to \nachieve an erection and therefore to have sexual inter\ncourse . Because an impotent husband cannot con\nsummate a marriage, impotence has often been cited \nas a ground for annulment. -Also termed impotency; \nphysical incapacity; erectile dysfunction. 2. Hist. Steril\nity. 3. Rare. A woman's physical inability to engage in \nsexual intercourse. \nimpound, n. The portion of a monthly mortgage payment \nthat is earmarked to pay property taxes and the prop\nerty-insurance premiums. See impound account under \nACCOUNT. \nimpound, vb. (lSc) 1. To place (something, such as a \ncar or other personal property) in the custody of the \npolice or the court, often with the understanding that \nit will be returned intact at the end of the proceeding. \n2. To take and retain possession of (something, such \nas a forged document to be produced as evidence) in \npreparation for a criminal prosecution. \nimpound account. See ACCOUNT. \nimpoundment. (17c) 1. The action of impounding; the \nstate of being impounded. See IMPOUND. 2. Constitu\ntionallaw. The President's refusal to spend funds appro\npriated by Congress . Although not authorized by the \nConstitution and seldom used, impoundment effec\ntively gives the executive branch a line-item veto over \nlegislative spending. [Cases: United States <8::)82(1).] \nimpracticability (im-prak-ti-b-bil-<l-tee). (17c) Con\ntracts. 1. A fact or circumstance that excuses a party \nfrom performing an act, esp. a contractual duty, \nbecause (though possible) it would cause extreme and \nunreasonable difficulty . For performance to be truly \nimpracticable, the duty must become much more dif\nficult or much more expensive to perform, and this \ndifficulty or expense must have been unanticipated. \n[Cases: Contracts (;=>309(1).] 2. The doctrine by which \nsuch a fact or circumstance excuses performance. Cf. \nFRUSTRATION (2); IMPOSSIBILITY (4). \ncommercial impracticability. (1913) The occurrence of \na contingency whose nonoccurrence was an assump\ntion in the contract, as a result of which one party \ncannot perform. -Also termed (in the UCC) excuse \nbyfailure ofpresupposed conditions. [Cases: Contracts \n(;=>309(1).] \n\"The doctrines of Impossibility, Commerciallmpracticabil \nity or as the Uniform Commercial Code knows it, Excuse \nby Failure of Presupposed Conditions, comprise unclimbed \npeaks of contract doctrine. Clearly, all of the famous early \nand mid-twentieth century mountaineers, Corbin, Williston, \nFarnsworth and many lesser men have made attempts on \nthis topic but none has succeeded in conquering the very \nsummit.... In spite ofattempts by all of the contract buffs \nand even in the face of eloquent and persuasive general \nstatements, it remains impossible to predict with accuracy \nhow the law will apply to a variety of relatively common \ncases. Both the cases and the Code commentary are full of \nweasel words such as 'severe' shortage, 'marked' increase, \n'basic' assumptions, and 'force majeure.'\" James J. White improbation \n& Robert S. Summers, Uniform Commercial Code  3-9. at \n155 (3d ed. 1988). \nimprescriptible (im-pm-skrip-t;}-b;:,l), adj. (16c) Not \nsubject to prescription; not capable of being acquired \nby prescription. \nimprescriptible right. See RIGHT. \nimpressment (im-pres-m<lnt), n. (18c) 1. The act of \nforcibly taking (something) for public service. 2. A \ncourt's imposition of a constructive trust on equitable \ngrounds. See constructive trust under TRUST. 3. Archaic. \nThe method by which armed forces were formerly \nexpanded, when so-called press-gangs seized men off \nthe streets and forced them to join the army or navy. \nCf. CRIMPING. impress, vb. \nimprest fund. See FUND (1). \nimprest money (im-prest). A payment made to a soldier \nor sailor upon enlistment or impressment. \nimprimatur (im-pri-may-t<lr or -mah-t<lr). [Latin \"let \nit be printed\"] (l7c) 1. A license required to publish a \nbook. Once reqUired in England, the imprimatur is \nnow encountered only rarely in countries that censor \nthe press. 2. A general grant of approval; commenda\ntory license or sanction. \nimprimis (im-prI-mis), adv. [fro Latin in prim is \"in \nthe first\"] (ISc) In the first place. -Also termed in \nprimis. \nimprison, vb. (14c) To confine (a person) in prison. \nimprisonment, n. (14c) 1. The act ofconfining a person, \nesp. in a prison <the imprisonment of Jackson was \nentirely justified>. 2. The state of being confined; a \nperiod of confinement <Jackson's imprisonment lasted \n14 years>. See FALSE IMPRISONMENT. \n\"Imprisonment, by whatever name it is called, is a harsh \nthing, and the discipline that must be exerCised over \nhuman beings in close confinement can never be wholly \nagreeable to those subject to it. When an attempt is made \nto hide the harsh realities ofcriminal justice behind euphe\nmistic descriptions, a corrupting irony may be introduced \ninto ordinary speech that is fully as frightening as Orwell's \n'Newspeak.''' Lon L. Fuller, Anatomy ofthe Law 57 (1968). \nimprisonment for debt. Hist. Detention of a debtor by \ncourt order to force the debtor to pay certain civil obli\ngations . The remedy was usu. available only when \nthe debt arose from nonpayment of taxes or fines \nowed to the Crown, or from the debtor's failure to pay \ncourt-ordered support or alimony, or from the debtor's \nfailure to obey a decree ad factum praestandum. -Also \ntermed civil imprisonment. See decree ad factum prae\nstandum under DECREE. \nimprobation. Scots law. An action to prove that a \ndocument is forged or otherwise false. -Also termed \nproper improbation. \nreduction improbation. Scots law. An action in which a \nperson who may be hurt or affected by a document can \ndemand the document's production in court.  The \nperson bringing the action may ask the court either \nto determine the document's effects or to nullify the \n\n826 improper \ndocument. Ifthe document is not produced, the court \ncan automatically declare it false or forged. \nimproper, adj. (ISc) 1. Incorrect; unsuitable or irregular. \n2. f;raudulent or otherwise wrongful. \nimproper cumulation ofactions. Hist. Under the com\nmon-law pleading system, the joining of inconsistent \ncauses ofaction in one proceeding . This is permitted \nunder most modern pleading systems. \nimproperfeud. See FEUD (1). \nimproper influence. See UNDUE INFLUENCE (2). \nimproper means ofdiscovery. Trade secrets. A wrongful \nway of figuring out a competitor's trade secret, as by \nmisrepresentation, eavesdropping, or stealing. [Cases: \nAntitrust and Trade Regulation C:::=-414.J \nimproper motion. See MOTION (2). \nimpropriate rector. See RECTOR (1). \nimpropriation (im-proh-pree-ay-sh;m). Eccles. law. \nThe grant of an ecclesiastical benefice to the use of a \nlay person, whether individual or corporate. See LAY \nIMPROPRIATOR. Cf. APPROPRIATION (5). \n\"A church might also be appropriated to a layman, and the \nproper word to denote this was impropriation as distinct \nfrom appropriation, which was confined to the case of an \nallocation to a spiritual body.\" G,c. Cheshire, Modern Law \nofRea! Property 333 (3d ed. 1933), \nimprove, vb. (16c) 1. To increase the value or enhance \nthe appearance of something. 2. To develop (land), \nwhether or not the development results in an increase \nor a decrease in value. -improver, n. \nimproved land. See LAND. \nimproved value. (1834) Real estate. In the appraisal of \nproperty, the value of the land plus the value of any \nimprovements. \nimprovement. (16c) An addition to real property, \nwhether permanent or not; esp., one that increases \nits value or utility or that enhances its appearance. \nAlso termed land improvement. Cf. FIXTURE. [Cases: \nImprovements C:::=-l.J \nbeneficial improvement. See valuable improvement. \ngeneral improvement. (17c) An improvement whose \nprimary purpose or effect is to benefit the public gen\nerally, though it may incidentally benefit property \nowners in its vicinity. \nlocal improvement. (1831) A real-property improve\nment, such as a sewer or sidewalk, financed by special \nassessment, and specially benefiting adjacent property. \n[Cases: Municipal Corporations (;.':;)265.] \nnecessary improvement. (17c) An improvement made \nto prevent the deterioration ofproperty. \npublic improvement. An improvement made to \nproperty owned by the state or any other political \nentity, such as a municipality. [Cases: Municipal Cor\nporations C:::=-26S; States C:::=-83.] \nvaluable improvement. (I8c) An improvement that \nadds permanent value to the freehold . Because ofits \nnature, a valuable improvement would not typically be made by anyone other than the owner. A valuable \nimprovement may be slight and of small value, as \nlong as it is both permanent and beneficial to the \nproperty. Also termed beneficial improvement. \nvoluntary improvement. An improvement whose only \npurpose is ornamental. [Cases: Improvements C:::=-l. \nimprovement bond. See revenue bond under BOND (3). \nimprovement claim. See Jepson claim under PATENT \nCLAIM. \nimprovement invention. See INVENTION. \nimprovement patent. See PATENT (3). \nimprovidence (im-prahv-a-d.mts). (1Sc) A lack of fore\nsight and care in the management of property, esp. as \ngrounds for removing an estate administrator. \nimprovident (im-prahv-a-d;:mt), adj. (16c) 1. Lacking \nforeSight and care in the management ofproperty. 2. Of \nor relating to a judgment arrived at by using misleading \ninformation or a mistaken assumption. \nimpruiare (im-proo-ee-air-ee), vb. [Law Latin] Hist. To \nimprove land. \nimpubes (im-pyoo-beez), n. [Latin] Roman law. A child \nunder the age of puberty . Under Roman law, this term \nreferred to a male under 14 and a female under 12. PI. \nimpuberes (im-pyoo-ba-reez). Cf. INFANS. \nimpugn (im-pyoon), vb. (14c) To challenge or call into \nquestion (a person's character, the truth of"}
{"text": "n (im-pyoon), vb. (14c) To challenge or call into \nquestion (a person's character, the truth ofa statement, \netc.). -impugnment, n. \nimpulse, 11. (17c) A sudden urge or inclination that \nprompts an unplanned action. \nuncontrollable impulse. (1844) An impulse so over\nwhelming that it cannot be resisted . In some juris\ndictions, an uncontrollable impulse serves as a defense \nto criminal conduct committed while in the grip of \nthe impulse. See IRRESISTIBLE-IMPULSE TEST. [Cases: \nCriminal Law C::::> 50.] \nimpunity (im-pyoo-na-tee). (16c) Exemption from pun\nishment; immunity from the detrimental effects of one's \nactions <because she was a foreign diplomat, she was \nable to park illegally with impunity>. Cf. IMMUNITY \n(1). \nimputation, n. (16c) The act or an instance of imputing \nsomething, esp. fault or crime, to a person; an accusa\ntion or charge <an imputation of negligence>. \nimputation ofpayment. Civil law. The act ofapplying or \ndirecting a payment to principal or interest on a debt, \nor to a particular debt when there are two or more. La. \nCiv. Code arts. 1864, 1866. \nimpute (im-pyoot), vb. (14c) To ascribe or attribute; to \nregard (usu. something undesirable) as being done, \ncaused, or possessed by <the court imputed malice \nto the defamatory statement>. imputation, n. \nimputable, adj. \n\"The word 'impute' comes from im (in) and putare (reckon), \nIt means to bring into the reckoning, to attribute or to \nascribe, It is sometimes used to attribute vicariously, -to \nascribe as derived from another. This is included properly \n\n827 in arrears \nwithin the general import of the term but it is not its \nprimary meaning. It may be used in many senses. Thus \nwe may impute (ascribe) intent, knowledge, guilt, and so \nforth. Here it is used in the basic sense of imputing (ascrib \ning) the fact itself. Harm has been done. Did the defendant \ndo it? Usually such an inquiry is purely factual. What really \nhappened? At times, however, when all the facts are known \nwe have to ask: Will the law impute (attribute or ascribe) \nwhat happened to the defendant? That is what is meant \nhere by 'imputability.'\" Rollin M. Perkins &Ronald N. Boyce, \nCriminal Law 605 (3d ed. 1982). \nimputed disqualification. See vicarious disqualification \nunder DISQUALIFICATION. \nimputed income. See INCOME. \nimputed interest. See INTEREST (3). \nimputed knowledge. See KNOWLEDGE. \nimputed negligence. See NEGLIGENCE. \nimputed notice. See NOTICE. \nin, prep. Under or based on the law of<to bring an action \nin contract>. \nin absentia (in ab-sen-shee-<l or ab-sen-sh<l). [Latin] \n(1886) In the absence of (someone); in (someone's) \nabsence <tried in absentia>. \ninaccuracy rejection. See REJECTION. \nin acquirenda possessione (in ak-w<l-ren-d<l p<l-zes[h]\nee-oh-nee). [Latin] Hist. In the course ofacquiring pos\nsession. \nin action. (ISc) (Of property) attainable or recoverable \nthrough litigation. See chose in action under CHOSE. \ninactive case. See CASE. \ninactive stock. See STOCK. \ninadequate assistance of counsel. See ineffective assis\ntance ofcounsel under ASSISTANCE OF COUNSEL. \ninadequate consideration. See CONSIDERATION (1). \ninadequate damages. See DAMAGES. \ninadequate remedy at law. (lS17) A remedy (such as \nmoney damages) that does not suffidently correct \nthe wrong, as a result ofwhich an injunction may be \navailable to the disadvantaged party. See IRREPARABLE\nINJURY RULE. [Cases: Injunction (;::::> 15, 13S.9.] \ninadmissible, adj. (18c) 1. (Ofa thing) not allowable or \nworthy ofbeing admitted. 2. (Of evidence) excludable \nby some rule ofevidence. [Cases: Federal Civil Proce\ndure (;::::>2011: Trial C::'43.] 3. (Ofan alien) ineligible \nfor admission into a country or (if the alien has already \nentered illegally) subject to removal. \ninadmissible alien. See ALIEN. \nin adversum (in ad-v3r-s<lm). [Law Latin] Against an \nadverse party. \n\"Where a decree is obtained against one who resists, it is \ntermed 'a decree not by consent but in adversum,'\" 1 John \nBouvier, Bouvier's Law Dictionary 1518 (8th ed. 1914). \ninadvertence, n. (ISc) An accidental oversight: a result \nofcarelessness. \ninadvertent discovery. (1971) Criminal procedure. \nA law-enforcement officer's unexpected finding of incriminating evidence in plain view. Even though \nthis type of evidence is obtained without a warrant, it \ncan be used against the accused under the plain-View \nexception to the warrant requirement. [Cases: Searches \nand Seizures (;::::>48.] \ninadvertent negligence. See NEGLIGENCE. \ninaedificatio (in-ee-di-fi-kay-shee-oh), n. [Latin] Roman \nlaw. The act ofbuilding on another's land with one's \nown materials, or on one's own land with another's \nmaterials . 1his was a form ofaccessio. Regardless of \nthe source of the materials, the building became the \nlandowner's property. See ACCESSIO. \nin aemulationem (in ee-mY<l-lay-shee-oh-nJm). [Latin] \nHist. With a desire to injure; with an intent to annoy. \nin aemulationem vicini (in ee-mY<l-lay-shee-oh\nn<lm vI-sl-nr). [Latin] Hist. To the annoyance of a \nneighbor. \nin aequali jure (in ee-kway-h joor-ee). [Law Latin] In \nequal right. \nin aequali manu (in ee-kway-lr man-yoo). [Law Latin] \nIn equal hand. This phrase refers to property held \nindifferently between two parties, as when the parties \nto an instrument deposit it in the hands of a neutral \nthird person. -Also termed in aequa manu. \nin aequo (in ee-kwoh). [Law Latin] Hist. In equity. Cf. \nEX AEQUO ET BONO. \ninalienable, adj. (l7c) Not transferable or assignable \n<inalienable property interests>. -Also termed \nunalienable. \ninalienable interest. See INTEREST (2). \ninalienable right. See RIGHT. \nin alieno solo (in ay-lee-or al-ee-ee-noh soh-loh). [fro \nLaw French en auter soile] In another's land. \nin alio loco (in al-ee-oh loh-koh). [Latin] In another's \nplace. See CEPIT IN ALiO LOCO. \nin ambiguo (in am-big-yoo-oh). [Law Latin] In doubt. \nin apicibus juris (in <l-pis-<l-b<ls joor-is). [Latin] Among \nthe extremes (or most subtle doctrines) ofthe law. \ninarbitrable, adj. (lSc) 1. (Of a dispute) not capable of \nbeing arbitrated; not subject to arbitration. [Cases: \nAlternative Dispute Resolution C::O118.] 2. Not subject \nto being decided. \nin arbitrio alieno (in ahr-bi-tree-oh ay-Iee-ee-noh or \nal-ee-). [Law Latin] According to the judgment of \nanother . This term refers to property bequeathed to \na trustee for the benefit of others, to be used in the \ntrustee's discretion. \nin arbitrium judicis (in ahr-bi-tree-<lm joo-di-sis). \n[Latin] At the decision or discretion ofthe judge. \nin arcta et salva custodia (in ahrk-t<l et sal-v<l b-stoh\ndee-<l). [Latin] In dose and safe custody. \nin arrears (in <l-reerz), adj. & adv. (17c) 1. Behind in the \ndischarging of a debt or other obligation <the tenants \nwere in arrears with the rent>. 2. At the end of a term \n\nor period instead ofthe beginning <the interests, fees, \nand costs are payable in arrears>. \nin articulo mortis (in ahr-tik-ya-Ioh mor-tis). [Law \nLatin] At the point ofdeath. Cf. IN EXTREMIS. \ninaudita altera parte (in-aw-di-ta or in-aw-dJ-ta al-ta-ra \npahr-tee). [Latin \"without hearing the other party\"] Ex \nparte. Ihe term is sometimes used in decisions of the \nEuropean Court ofJustice. See EX PARTE. \ninauguration (i-naw-gya-ray-sh;m), n. (16c) 1. A formal \nceremony inducting someone into office. 2. A formal \nceremony introducing something into public use. 3. The \nformal commencement ofa period oftime or course of \naction. inaugurate (i-naw-gya-rayt), vb. inau\nguratory (i-naw-gya-ra-tor-ee), adj. inaugurator \n(i-naw-gya-ray-tJr), n. \nin autre droit (in oh-tra droyt). [Law French] See EN \nAUTRE DROIT. \nin bane. See EN BANC. \nin banco. See EN BANC. \nin bank. See EN BANC. \nin being. (17c) Existing in life dife in being plus 21 \nyears>. In property law, this term includes children \nconceived but not yet born. -Also termed in esse. See \nLIFE IN BEL'-IG. \n\"The intentional killing of one not 'in being,' i.e. an unborn \nchild, was until 1929 punishable neither as murder nor as \ninfanticide. There can be no murder nor manslaughter of \na child which dies before being born or even whilst being \nborn, only of one that has been born and, moreover, been \nborn alive,\" j.W. Cecil Turner, Kenny's Outlines of Criminal \nLaw 104 (16th ed, 1952), \nin blank. (1836) (Of an indorsement) not restricted to \na particular indorsee. See blank indorsement under \nINDORSEMENT. \ninboard, adj. Maritime law. (Of cargo) stowed between \nthe boards (Le., sides) of the vessel; esp., stowed inside \nor near the vessel's centerline. \nin bonis defuncti (in boh-nis di-fangk-tI). [Latin] Hist. \nAmong the property ofthe deceased. \nin bonis esse (in boh-nis es-ee or es-ay). [Latin \"to be \namong the goods\"] Roman law. 1. To be someone's \nproperty. 2. (Of property) held in possession without \nbenefit ofa solemn act (such as mancipatio) required to \ntransfer ownership, until ownership might be acquired \nby the passage of time. See bonitary ownership under \nOWNERSHIP. \nin bonis habere (in boh-nis hJ-beer-ee). See bonitary \nownership under OWNERSHIP. \nInc. abbr. Incorporated. \nin cahoots. See CAHOOTS. \nin camera (in kam-a-ra), adv. & adj. [Law Latin \"in a \nchamber\"] (1872) 1. In the judge's private chambers. 2. \nIn the courtroom with all spectators excluded. 3. (Ofa \njudicial action) taken when court is not in session. \nAlso termed (in reference to the opinion ofone judge) \nin chambers. in camera inspection. (1953) A trial judge's private con\nsideration ofevidence. [Cases: Pretrial Procedure \n411; Privileged Communications and Confidentiality \n(;::::>31.] \nin camera proceeding. See PROCEEDING. \nin camera sitting. See SITTING. \nin campo (in kam-poh). [Latin] Hist. In the field; before \nthe court. \nincapacitated person. (1834) A person who is impaired \nby an intoxicant, by mental illness or deficiency, or by \nphysical illness or disability to the extent that personal \ndecision-making is impossible. \nincapacitation, n. (18c) 1. The action of disabling or \ndepriving oflegal capacity. 2. The state ofbeing disabled \nor lacking legal capacity. incapacitate, vb. \nincapacity. (17c) 1. Lack of physical or mental capabili\nties. 2. Lack ofability to have certain legal consequences \nattach to one's actions . For example, a five-year-old \nhas an incapacity to make a binding contract. 3. DIS\nABILITY (2).4. DISABILITY (3). Cf. INCOMPETENCY. \ntestimonial incapacity. (1867) The lack of capacity to \ntestify. [Cases: Witnesses (;:::;'35.] \nincapax doli (in-kay-paks doh-h). See CAPAX DOLI. \nin capita. Individually. See PER CAPITA. \nin capite (in kap-a-tee). [Law Latin \"in chief\"] Hist. A \ntype of tenure in which a person held land directly of \nthe Crown. -Also termed tenure in capite. \nincarceration, n. (16c) The act or process of confin\ning someone; IMPRISONMENT. Cf. DISIMPRISONMENT; \nDECARCERATION. -incarcerate, vb. incarcerator, \n"}
{"text": ". DISIMPRISONMENT; \nDECARCERATION. -incarcerate, vb. incarcerator, \nn. \nshock incarceration. (1985) Incarceration in a mili\ntary-type setting, usu. for three to six months, during \nwhich the offender is subjected to strict discipline, \nphYSical exercise, and hard labor. See 18 USCA  \n4046. After successfully completing the program, \nthe offender is usu. placed on probation. See BOOT \nCAMP. Cf. shock probation under PROBATION. \nin casu consimili. See CASU CONSIMILI. \nin casu proviso (in kay-s[y]oo prJ-vI-zoh). See CASU \nPROVISO. \nin causa (in kaw-za). [Latin] Hist. In the cause <the \nrecord in causa Abercromby v. Graham is dosed>. \nincendiarius (in-sen-dee-air-ee-as), n. Roman law. A \nfire-starter; arsonist. \nincendiary (in-sen-dee-er-ee), n. (15c) 1. One who delib\nerately and unlawfully sets fire to property. Also \ntermed arsonist;firebug. 2. An instrument (such as a \nbomb) or chemical agent deSigned to start a fire. \nincendiary, adj. \nincendium (in-sen-dee-am), n. [Latin] 1. Roman law. \nFire. 2. Hist. Arson. \nincentive pay plan. (1948) A compensation plan in which \nincreased productivity is rewarded with higher pay. \n\n829 \nincentive stock option. See STOCK OPTION (2). \nincentive theory. Intellectual property. The proposition \nthat society grants creators exclusive rights to their \nintellectual property in order to stimulate further cre\nativity. -The Patent and Copyright Clause ofthe U.S. \nConstitution declares that the purpose ofexclusive\nright protection is \"to Promote the Progress ofScience \nand useful Arts.\" U.S. Const. art. 1,  8, cl. 8. \nincentive-to-commerciaJize theory. Patents. The \neconomic theory justifying the grant of patent rights \nbased on how efficient the patent system is at bringing \ntogether diverse resources such as commercial backing, \nmanufacturing capacity, marketing know-how, and \nother skills that the inventor alone would be unable \nto handle. Also termed incentive-to-invest theory; \nincentive-to-innovate theory; prospect theory. Cf. INCEN\nTlVE-TO-DESIGN-AROUND THEORY; INCENTIVE-TO-DIS\nCLOSE THEORY; INCENTIVE-TO-INVENT THEORY. \nincentive-to-design-around theory. Patents. The \neconomic theory justifying the grant of patent rights \nbased on their tendency to encourage others to design \nsubstitutes and improvements that are better or \ncheaper. Cf. INCENTlVE-TO-COMMERCIALIZE THEORY; \nINCENTIVE-TO-DISCLOSE THEORY; INCENTIVE-TO\nINVENT THEORY. \nincentive-to-disclose theory. Patents. The economic \ntheory justifying the grant of patent rights based on \nthe social benefit ofhaVing the information enter the \npublic domain. _ Without the incentive, the argument \ngoes, the technical advancements would remain trade \nsecrets and the duplication ofresearch efforts would be \na waste to society. Cf. INCENTIVE-TO- COMMERCIAL\nIZE THEORY; INCENTIVE-TO-DESIGN-AROUND THEORY; \nINCENTIVE-TO-INVENT THEORY. \nincentive-to-innovate theory. See INCENTIVE-TO-COM\nMERCIALlZE THEORY. \nincentive-to-invent theory. Patents. The economic \ntheory justifying the grant of patent rights based on \ntheir tendency to encourage new inventions that henefit \nsociety and that may not otherwise be developed. Cf. \nINCENTIVE-TO-COMMERCIALlZE THEORY; INCENTIVE\nTO-DESIGN-AROUND THEORY; INCENTIVE-TO-DISCLOSE \nTHEORY. \nincentive-to-invest theory. See INCENTIVE-TO-COMMER\nCIALIZE THEORY. \nincentive zoning. See ZONING. \nincerta persona (in-s,n-td p<:>r-soh-n<:. [Latin \"uncer\ntain person\"] Roman law. A person (or corporate body) \nthat could not inherit property, such as a person whose \nexistence was uncertain or whom the testator could not \nidentify by name (such as the first person to appear at \nthe testator's funeral). PI. incertae personae. \n\"Another change under Justinian was of much greater \nimportance. Gifts of all kinds could now be made to \nincertae personae . ...\" W.W. Buckland, A TextBook of \nRoman Law from Augustus to Justinian 363 (Peter Stein \ned., 3d ed. 1963). Inchmaree clause \nincerto patre (in-s;}r-toh pay-tree). [Latin] Hist. From an \nuncertain father . The phrase appeared in reference to \nillegitimate children. \nincest, n. (l3c) 1. Sexual relations between family \nmembers or close relatives, including children related \nby adoption . Incest was not a crime under English \ncommon law but was punished as an ecclesiastical \noffense. Modern statutes make it a felony. [Cases: Incest \n\"Although incest under both English and American law is \na distinct crime, its commission may involve any of eight \ndifferent offenses: illegal marriage, consensual cohabi \ntation by unmarried persons, fornication (consensual \nintercourse), forcible rape, statutory rape, child abuse, \nand juvenile delinquency (sexual relations between minor \nsiblings or cousins).... The choice of crime charged is \ngenerally one of prosecutorial discretion. Unless one of the \nparticipants is a minor and the other an adult, both parties \nmay be prosecuted for incest.\" Lois G. Forer, \"Incest,\" in 3 \nEncyclopedia of Crime and Justice 880, 880 (Sanford H. \nKadish ed., 1983). \n2. Intermarriage between persons related in any degree \nof consanguinity or affinity within which marriage is \nprohibited -for example, through the unde-niece \nor aunt-nephew relationship. [Cases: Incest \nMarriage (;J10.] -incestuous, adj. \nincestuosi (in-ses-choo-oh-sr). [Law Latin] Hist. Children \nbegotten incestuously. Cf. ADULTERINL \nincestuous adultery. See ADULTERY. \nin chambers. See IN CAMERA. \ninchartare (in-kahr-tair-ee), vb. [Law Latin \"to put in \ncharter\"] Hist. To grant by written instrument. \nin chief. (17c) 1. Principal, as opposed to collateral or \nincidental. 2. Denoting the part of a trial in which \nthe main body of evidence is presented. See CASE-IN\nCHIEF. \nInchmaree clause (inch-md-ree). Maritime law. An \ninsurance-policy provision that protects against risks \nnot caused by nature, such as a sailor's negligence or a \nlatent defect in machinery . This term is taken from a \nBritish ship, the Inchmaree, whose sinking in 1884 gave \nrise to litigation that led to the clause bearing its name. \nSee Thames & Mersey Marine Ins. Co. v. Hamilton, \nFraser & Co., [1887] LR. 12 App. Cas. 484. -Also \ntermed additional-perils clause. [Cases: Insurance \n2228,2231.] \n\"The most celebrated deCision of recent times under the \n'general' clause was doubtless Thames & Mersey Marine \nIns. Co. v. Hamilton, Fraser & Co., 12 App.Cas. 484 (1887). A \npump, insured as part of the machinery of a vessel, clogged \nthrough valve failure and was damaged. The House of \nlords held this accident arose neither through a 'peril of \nthe sea' nor through a cause ejusdem generis with the \nenumerated perils .... This was a disquieting deciSion, \nfor it more than suggested that many costly accidents that \nmight be suffered by the expensive machinery on steam \nvessels were not covered by the standard marine policy. \nThe result was the inclusion of the celebrated 'Inchmaree' \nclause in hull policies, extending special coverage not only \nto machinery breakage but to many other classes of loss \nnot covered by the standard perils clause as restrictively \nconstrued.\" Grant Gilmore & Charles L. Black Jr., The Law \nofAdmiralty  48, at 74 n.90 (2d ed. 1975). \n\ninchoate (in-koh-it), adj. (I6c) Partially completed or \nimperfectly formed; just begun. Cf. CHOATE. -incho\nateness, n. \n\"The word 'inchoate,' not much used in ordinary discourse, \nmeans 'just begun,' 'undeveloped.' The common law has \ngiven birth to three general offences which are usually \ntermed 'inchoate' or 'preliminary' crimes -attempt, con\nspiracy, and incitement. A principal feature of these crimes \nis that they are committed even though the substantive \noffence is not successfully consummated. An attempt fails, \na conspiracy comes to nothing, words of incitement are \nignored -in all these instances, there may be liability \nfor the inchoate crime.\" Andrew Ashworth, Principles of \nCriminal Law 395 (1991). \ninchoate crime. See inchoate offense under OFFENSE \n(1). \ninchoate dower. See DOWER. \ninchoate instrument. See INSTRUMENT (3). \ninchoate interest. See INTEREST (2). \ninchoate lien. See LIEN. \ninchoate offense. See OFFENSE (1). \ninchoate right. 1. A right that has not fully developed, \nmatured, or vested. 2. Patents. An inventor's right \nthat has not yet vested into a property right because \nthe patent application is pending. [Cases: Patents C=> \n182.] \nincident, adj. (ISc) Dependent upon, subordinate to, \narising out of, or otherwise connected with (something \nelse, usu. of greater importance) <the utility easement \nis incident to the ownership ofthe tract>. \nincident, n. (ISc) 1. A discrete occurrence or happening \n<an incident of copyright infringement> 2. A depen\ndent, subordinate, or consequential part (of something \nelse) <child support is a typical incident ofdivorce>. \nincidental, adj. (I7c) Subordinate to something ofgreater \nimportance; having a minor role <the FAA determined \nthat the wind played only an incidental part in the \nplane crash>. \nincidental admission. See ADMISSION (1). \nincidental authority. See AUTHORITY (1). \nincidental beneficiary. See BENEFICIARY. \nincidental damages. See DAMAGES. \nincidental demand. See DEMAND (1). \nincidental main motion. See MOTION (2). \nincidental motion. See MOTION (2). \nincidental power. See incident power under POWER (3). \nincidental use. See USE (1). \nincidenter (in-si-den-t;:lr). [Latin] Hist. Incidentally. \nincident of ownership. (usu. pl.) (1821) Any right of \ncontrol that may be exercised over a transferred life\ninsurance policy so that the policy's proceeds will \nbe included in a decedent's gross estate for estate-tax \npurposes <because Douglas still retained the incidents \nof ownership after giving his life-insurance policy to \nhis daughter, the policy proceeds were taxed against \nhis estate> . The incidents of ownership include the rights to change the policy's beneficiaries and to borrow \nagainst, assign, and cancel the policy. [Cases: Internal \nRevenue C=>41SS.] \nincident power. See POWER (3). \nincident to employment. Workers' compensation. A risk \nthat is related to or connected with a worker's job duties. \n[Cases: Workers' Compensation C=>61O-611.] \nincidere (in-sid-;:l-ree), vb. [Latin \"fall into or on\"] Roman \nlaw. To come within the scope of a law or to fall into a \nlegal category; esp. to become involved in a situation \nthat entangles a person in a legal action . This term \nhad a similar meaning under English law. For example, \na person might become liable to (or \"fall into\") amerce\nment (incidere in misericordiam). See AMERCEMENT. \nincipitur (in-sip-i-t;:lr). [Law Latin] Hist. It is begun . \nThis refers to the practice of entering the commence\nment ofa pleading on the court roll. \nincite, vb. (ISc) To provoke or stir up (someone to commit \na criminal act, or the criminal act itself). Cf. ABET. \nincitee. A person who has been incited, esp. to commit \na crime. \ninciteful, adj. Tending to incite <inciteful speech>. \nincitement, n. (ISc) 1. The act or an instance of pro\nvoking, urging on, or stirring up. 2. Criminal law. The \nact of persuading another person to commit a crime; \nSOLICITATION (2). [Cases: Criminal Law C=>4S.] \ninciteful, adj. \n\"An inciter is one who counsels, commands or advises the \ncommission of a crime. It will be observed that this defini\ntion is much the same as that of an accessory before the \nfact. What, then, is the difference between the two? It is \nthat in incitement the crime has not (or has not necessarily) \nbeen committed, whereas a party cannot be an accessory \nin crime unless the crime has been committed. An acces\nsory before the fact is party to consummated mischief; \nan inciter is guilty only of an inchoate crime.\" Glanville \nWilliams, Criminal Law612 (2d ed. 1961). \n\"Emphasis upon the theory of one offense with guilt attach\ning to several is quite appropriate because it is still part of \nthe groundwork of our legal philosophy, so far as perpetra\ntors, abettors and inciters are concerned, despite the fact \nthat some of the statutes require lipservice to the notion \nof a separate substantive offense, in the effort to"}
{"text": "despite the fact \nthat some of the statutes require lipservice to the notion \nof a separate substantive offense, in the effort to avoid \ncertain procedural difficulties. It explains how one may be \nguilty of a crime he could not perpetrate, by having caused \nor procured it as a result of his abetment or incitement.\" \nRollin M. Perkins & Ronald N. Boyce, Criminal Law 732-33 \n(3d ed. 1982). \ninciter. (ISc) A person who incites another to commit a \ncrime; an aider or abettor. \ninciting revolt. See MUTINY. \nincivile (in-siv-;:l-lee), adj. [Law Latin] Irregular; out of \nthe due course oflaw. \nincivism (in-si-viz-;:lm). (18c) Unfriendliness toward \none's own country or its government; lack of good \ncitizenship. \ninclausa (in-klaw-zJ). [Law Latin] Hist. An enclosure \nnear a house; a home close. See CLOSE (1). \nin clientela (in klr-Jn-tee-l;:l). [Latin] Hist. In the relation \nbetween client and patron. \n\n831 income \ninclose, vb. See ENCLOSE. \ninclosure. See ENCLOSURE. \ninclude, vb. (I5c) To contain as a part of something. -The \nparticiple including typically indicates a partial list <the \nplaintiff asserted five tort claims, including slander and \nlibel>. But some drafters use phrases such as including \nwithout limitation and including but not limited to \nwhich mean the same thing. See NAMELY. \nincluded offense. See lesser included offense under \nOFFENSE (1). \ninclusionary-approach rule. (1981) The principle that \nevidence ofa prior crime, wrong, or act is admissible for \nany purpose other than to show a defendant's criminal \npropensity as long as it is relevant to some disputed \nissue and its probative value outweighs its prejudicial \neffect. [Cases: Criminal Law ~--:)369.2(1).] \nindusio unius est exclusio alterius. See EXPRESSIO UNIUS \nEST EXCLUSIO ALTERIUS. \ninclusive deed. See inclusive grant under GRANT. \ninclusive grant. See GRANT. \ninclusive legal positivism. See INCORPORATIONISM. \ninclusive survey. See SURVEY. \nincognito (in-kog-nee-toh or in-kog-ni-toh), adj. or adv. \n[Latin \"unknown\"] (l7c) Without making one's name or \nidentity known <Binkley flew incognito to France>. \nincola (in-k<l-l<l), n. [Latin \"an inhabitant\"] Roman law. A \nforeign resident without full civil rights; the inhabitant \nof a foreign colony. -The term is used particularly for \nprovincial residents who were not Roman citizens. \nAlso termed (in English) incolant. Cf. PEREGRINUS. \nincome. (16c) The money or other form of payment that \none receives, usu. periodically, from employment, \nbusiness, investments, royalties, gifts, and the like. See \nEARNINGS. Cf. PROFIT. \naccrued income. (1869) Money earned but not yet \nreceived. \naccumulated income. Income that is retained in an \naccount; esp., income that a trust has generated, but \nthat has not yet been reinvested or distributed by the \ntrustee. ICases: Internal Revenue ~4008.] \naccumulated taxable income. lhe income of a corpo\nration as adjusted for certain items (such as excess \ncharitable contributions), less the diVidends-paid \ndeduction and the accumulated-earnings credit. _ \nIt serves as the base upon which the accumulated\nearnings tax is imposed. See accumulated-earn\nings tax under TAX. [Cases: Internal Revenue \n3833.J \nactive income. (1972) 1. Wages; salary. 2. Income from \na trade or business. \nadjusted gross income. (1940) Gross income minus \nallowable deductions specified in the tax code. -\nAbbr. AGI. [Cases; Taxation <>:>3447.J \nadjusted ordinary gross income. A corporation's gross \nincome less capital gains and certain expenses. The IRS uses this calculation to determine whether \na corporation is a personal holding company. If60% \nor more of a corporation's AOGI consists of certain \npassive investment income, the company has met the \ntest for personal-holding-company c1assification.IRC \n(26 USCA)  543(b). -Abbr. AOGI. See personal \nholding company under COMPANY. [Cases: Internal \nRevenue ~3853-3858.] \naggregate income. (1926) The combined income of a \nhusband and wife who file a joint tax return. [Cases: \nInternal Revenue ~3566.1, 4481.] \nblocked income. Money earned by a foreign taxpayer \nbut not subject to U.S. taxation because the foreign \ncountry prohibits changing the income into dollars. \ncurrent income. Income that is due within the present \naccounting period. -Also termed current revenue. \ndeferred income. (1918) Money received at a time later \nthan when it was earned, such as a check received in \nJanuary for commissions earned in November. \ndisposable income. (1960) Income that may be spent \nor invested after payment of taxes and other primary \nobligations. -Also termed disposable earnings. \ndistributable net income. (1918) The amount of dis\ntributions from estates and trusts that the beneficia\nries will have to include in income. [Cases: Internal \nRevenue ~3173, 4018.] \ndividend income. (1930) The income resulting from \na dividend distribution and subject to tax. [Cases: \nInternal Revenue ~3743-3774; Taxation \n3458.] \nearned income. (1894) Money derived from one's own \nlabor or active participation; earnings from services. \nCf. unearned income (2). \nexempt income. (1947) Income that is not subject to \nincome tax. [Cases: Internal Revenue C=::4045-4071; \nTaxation (;:::;,3518.] \nfixed income. Money received at a constant rate, such \nas a payment from a pension or annuity. \ngross income. (1843) Total income from all sources \nbefore deductions, exemptions, or other tax reduc\ntions. See IRC (26 USCA)  61. Also termed gross \nearnings. [Cases: Taxation ~3447.] \nimputed income. (1948) lhe benefit one receives from \nthe use of one's own property, the performance of \none's services, or the consumption of self-produced \ngoods and services. \nincome in respect ofa decedent. (1945) Income earned \nby a person, but not collected before death. This \nincome is included in the decedent's gross estate for \nestate-tax purposes. For income-tax purposes, it is \ntaxed to the estate or, if the estate does not collect \nthe income, it is taxed to the eventual recipient. \nAbbr. IRD. [Cases: Internal Revenue ~4035-4039; \nTaxation ~3495.J \n\"If a decedent has earned income that he or she had not \nreceived before death and was not entitled to receive before \ndeath. such income is known -for Federal Income Tax \n\n832 income-and-expense declaration \npurposes as 'income in respect of a decedent' (I.R.D.). \nFor example, if the decedent earned fees or salary or wages \nfor work done before death but not payable until later, and \nif decedent was a cash method taxpayer (versus an accrual \nmethod taxpayer), that earned but unpaid income would \nnot properly be shown on the final income tax return filed \nfor the decedent, for that taxable period ends with the \ndate of death. Rather it is I.R.D. that becomes taxable to \nthe estate of the decedent.'\"John K. McNulty, Federal Estate \nand Gift Taxation in a Nutshell 89 (5th ed. 1994). \ninvestment income. See unearned income (1). \nnet income. (18c) Total income from all sources minus \ndeductions, exemptions, and other tax reductions. \n Income tax is computed on net income. -Also \ntermed net earnings. [Cases: Taxation ~3448.] \nnet operating income. Income derived from operating \na business, after subtracting operating costs. \nnonoperating income. Business income derived from \ninvestments rather than operations. \noperating income. See ordinary income (1). \nordinary income. (1860) 1. For business-tax purposes, \nearnings from the normal operations or activities \nof a business. Also termed operating income. 2. \nFor individual income-tax purposes, income that is \nderived from sources such as wages, commissions, \nand interest (as opposed to income from capital \ngains). [Cases: Internal Revenue (;:=>3230.1-3257; \nTaxation 3466.] \nother income. Income not derived from an entitv's \nprincipal business, such as earnings from dividen'ds \nand interest. \npassive income. (1958) Income derived from a business, \nrental, or other income-producing activity that the \nearner does not directly participate in or has no \nimmediate control over. See PASSIVE ACTIVITY. Cf. \nportfolio income. \npassive investment income. Investment income that \ndoes not involve or require active participation, such \nas gross receipts from royalties, rental income, divi\ndends, interest, annuities, and gains from the sale \nor exchange of securities. IRC (26 USCA)  1362(d). \n[Cases: Internal Revenue \npersonal income. (1851) The total income received by \nan individual from all sources. \nportfolio income. (1978) Income not derived in the \nordinary course ofa trade or business, such as interest \nearned on saVings, dividends, royalties, capital gains, \nor other investment sources. For tax purposes, \nlosses on passive activities cannot be used to offset \nnet portfolio income. Cf. passive income. \nprepaid income. (1935) Income received but not yet \nearned. Also termed deferred revenue. \npreviously taxed income. An S corporation's undistrib\nuted taxable income taxed to the shareholders as ofthe \nlast day of the corporation's tax year . This income \ncould usu. be withdrawn later by the shareholders \nwithout tax consequences. PTr has been replaced by the accumulated adjustments account. -Abbr. \nPTI. \nreal income. Income adjusted to allow for inflation or \ndeflation so that it reflects true purchasing power. \nregular income. Income that is received at fixed or \nspecified intervals. \nsplit income. (1949) An equal division between spouses \nof earnings reported on a joint tax return, allowing \nfor equal tax treatment in community-property and \ncommon-law states. \ntaxable income. (1856) Gross income minus all allow\nable deductions and exemptions . Taxable income \nis multiplied by the applicable tax rate to compute \none's tax liability. [Cases: Internal Revenue 0=)4529; \nTaxation (;:=>3448.] \nunearned income. (1921) 1. Earnings from investments \nrather than labor. Also termed investment income. \n2. Income received but not yet earned; money paid in \nadvance. Cf. earned income. \nunrelated-business income. (1952) Tax. Gross income \nearned by a nonprofit corporation from activities \nunrelated to its nonprofit functions . A nonprofit \ncorporation's income is tax-exempt only to the extent \nthat it is produced by activities directly related to its \nnonprofit purpose. Also termed unrelated-busil1eSS \ntaxable income. IRC (26 USCA)  512(a)(3)(A). [Cases: \nInternal Revenue (;:=>4068.] \n\"The [Internal Revenue] Service has justified the unrelated \nbusiness income tax as a means of preventing unfair \ncompetition between tax-exempt and for-profit provid\ners. Thus, part of the analysis of whether income from \na business venture is unrelated business taxable income \nfocuses on the impact of the activity on competitors by \ninquiring whether the activity at issue is one generally \noffered by commercial enterprise. The categorization of \na business activity of an exempt organization as related \nor unrelated to the exempt purpose of the organization \nfollows very few bright-line rules. Approaches to the \nquestion of exempt purposes within the context of unre \nlated business income differ substantially from those used \nin the context of the qualification of an entity for exempt \nstatus itself: Barry R. Furrow et aI., Health Law  81, at \n419 (2d ed. 2000). \nincome-and-expense declaration. Family law. In child\nsupport litigation, a document that contains infor\nmation on a parent's income, assets, expenses, and \nliabilities. -Also termed financial statement. [Cases: \nChild Support ~183.] \nincome approach. (1951) A method of appraising real \nproperty based on capitalization ofthe income that the \npropertyis expected to generate. -Also termed illcome\ncapitalization approach. Cf. MARKET APPROACH; COST \nAPPROACH. [Cases: Taxation \nincome averaging. Tax. A method ofcomputing tax by \naveraging a person's current income with that of pre\nceding years. [Cases: Internal Revenue (;::=03092.] \n\"A distinct departure from the strict annual system of \ntaxing income is the concept of averaging income, allowed \nuntil repeal by the 1986 T.R.A .... [T]he rate at which the \nitem was taxed was made to depend not only on the rates \nand level of income for that year, but upon the taxpayer's \n\n833 in confinio majoris aetatis \nexperience over the past four years. The item was (some \ntimes) taxed as if it had been received over a fouryear \nperiod. Especially for authors, actors, athletes, and other \ntaxpayers who have fluctuating or bunched income and \nface graduated tax rates that apply on an annual basis, \nincome averaging was most important.\" John K. McN"}
{"text": "bunched income and \nface graduated tax rates that apply on an annual basis, \nincome averaging was most important.\" John K. McNulty, \nFederal Income Taxation of Individuals in a Nutshell 353 \n(5th ed. 1995). \nincome-based plan. See CHAPTER 13. \nincome-basis method. A method ofcomputing the rate \nof return on a security using the interest and price paid \nrather than the face value. \nincome beneficiary. See BENEFICIARY. \nincome bond. See BOND (3). \nincome-capitalization approach. See INCOME \nAPPROACH. \nincome exclusion. See EXCLUSION (1). \nincome fund. See MUTUAL FUND. \nincome in respect ofa decedent. See INCOME. \nincome property. See PROPERTY. \nincome-shifting. (1957) The practice of transferring \nincome to a taxpayer in a lower tax bracket, such as \na child, to reduce tax liability . Often this is accom\nplished by forming a Clifford trust. See Clifford trust \nunder TRUST; kiddie tax under TAX. \nincome statement. (1863) A statement ofall the revenues, \nexpenses, gains, and losses that a business incurred \nduring a given period. -Also termed statement of \nincome; profit-and-Ioss statement; earnings report. Cf. \nBALANCE SHEET. \nincome stock. See STOCK. \nincome tax. See TAX. \nincome-tax deficiency. See DEFICIENCY (2). \nincome-tax return. See TAX RETURN. \nincome-tax withholding. See WITHHOLDING. \nincome-withholding order. (1986) A court order pro\nviding for the withholding of a person's income by an \nemployer, usu. to enforce a child-support order. -Also \ntermed wage-withholding order; wage-assignment order; \nwage assignment. Cf. ATTACHMENT OF WAGES. \nincome yield. See CAPITALIZATION RATE. \nin commendam (in k;l-men-d;Jlu). [Law Latin] Civil law. \nIn trust. The phrase typically refers to property held \nin a limited partnership. See limited partnership under \nPARTNERSHIP. [Cases: Partnership C=>349.] \nin common. (16c) Shared equally with others, undi\nvided into separately owned parts. -Also termed in \ncommuni. See tenancy in common under TENANCY. \nin communi (in k;l-myoo-nr). [Law Latin] In common. \nincommunicado (in-b-myoo-ni-kah-doh), adj. \n[Spanish] (1844) 1. Without any means ofcommunica\ntion. 2. (Of a prisoner) having the right to communicate \nwith only a few designated people. in communiforma (in k;l-myoo-nr for-m;l). [Law Latin] \nHist. In common form; in general form rather than \nspecial form. -Also written in forma communi. \nincommutable (in-b-myoot-;l-b;ll), adj. (18c) (Of an \noffense) not capable of being commuted. See COMMU\nTATION. \nincompatibility, n. (1875) Conflict in personality and \ndisposition, usu.leading to the breakup ofa marriage . \nEvery state now recognizes some form ofincompatibil\nity as a no-fault ground for divorce. See noJault divorce \nunder DIVORCE. Cf. IRRECONCILABLE DIFFERENCES; \nIRRETRIEVABLE BREAKDOWN OF THE MARRIAGE. \nIncompatibility Clause. The clause ofthe U.S. Constitu\ntion prohibiting a person from simultaneously holding \noffices in both the executive and legislative branches of \nthe federal government. U.S. Const. art. I,  6, par. 2, cl. \n2. [Cases: Officers and Public Employees C=>30.3.] \nincompetence, n. (17c) 1. The state or fact of being \nunable or unqualified to do something <the dispute \nwas over her alleged incompetence as a legal assistant>. \n2. INCOMPETENCY <the court held that the affidavit was \ninadmissible because of the affiant's incompetence>. \nincompetency, n. (17c) Lack of legal ability in some \nrespect, esp. to stand trial or to testify <once the defense \nlawyer established her client's incompetency, the client \ndid not have to stand trial>. -Also termed incompe\ntence; mental incompetence. Cf. INCAPACITY. [Cases: \nMental Health C=>432; Witnesses C=>35.] -incom\npetent, adj. \nincompetency hearing. See PATE HEARING. \nincompetent, adj. (l6c) 1. (Of a witness) unqualified to \ntestify. [Cases: Witnesses C=>35.] 2. (Of evidence) inad\nmissible. This sense is often criticized, as in the quo\ntation below. [Cases: Criminal Law C=>385; Evidence \nC=>148.] \n\"[/ncompetentl is constantly used loosely as equivalent to \n'inadmissible' on any ground. This use should be avoided.\" \nJohn H. Wigmore, A Students' Textbook of the Law of \nEvidence 36 (1935). \nincompetent evidence. See EVIDENCE. \nincomplete instrument. See INSTRUMENT (3). \nincompleteness rejection. See REJECTION. \nincomplete transfer. See TRANSFER. \nin computo (in k;lm-pyoo-toh). [Law Latin] Hist. In com\nputation. \ninconclusive, adj. (18c) (Of evidence) not leading to a \nconclusion or definite result. \nin confinio majoris aetatis (in bn-fin-ee-oh m;l-jor-is \nee-tay-tis). [Latin] Hist. Having nearly attained \nmajority. A person that undertook an obligation in \nconfinio majoris aetatis could be held liable despite \nthe fact that the person pleaded minority status. See \nMAjORENNITATI PROXIMUS. Cf. IN CONFINIO MINORIS \nAETATIS. \n\n834 in confinio minoris aetatis \nin confinio minoris aetatis (in k;m-fin-ee-oh mi-nor\nis ee-tay-tis). [Latin) Hist. Having nearly attained \nminority. Cf. IN CONFINIO MAJORIS AETATIS. \nin consequentiam (in kon-sa-kwen-shee-am). [Latin] \nHist. As a consequence. \nin consideratione inde (in bn-sid-a-ray-shee-oh-nee \nin-dee). [Law Latin] In consideration thereof. \nin consideratione legis (in bn-sid-a-ray-shee-oh-nee \nlee-jis). [Law Latin]l. In consideration or contempla\ntion oflaw. 2. In abeyance. \nin consideratione praemissorum (in bn-sid-a-ray-shee\noh-nee pree-mi-sor-am). [Law Latin] In consideration \nofthe premises. \nin consimili casu (in kan-sim-a-h kay-s[y] 00). See CASU \nCONSIMILI. \ninconsistent, adj. (17c) Lacking agreement among parts; \nnot compatible with another fact or claim <inconsistent \nstatements>. \ninconsistent defense. See DEFENSE (1). \ninconsistent presumption. See conflicting presumption \nunder PRESUMPTION. \ninconsistent statement. See prior inconsistent statement \nunder STATEMENT. \nin conspectu ejus (in kan-spek-t[yJoo ee-jas). [Law Latin] \nIn his sight or view. \nin contemplation of death. See CONTEMPLATION OF \nDEATH. \nincontestability clause. Insurance. An insurance-pol\nicy provision (esp. found in a life-insurance policy) \nthat prevents the insurer, after a specified period (usu. \none or two years), from disputing the policy's validity \non the basis of fraud or mistake; a clause that bars all \ndefenses except those reserved (usu. conditions and the \npayment ofpremiums). Most states require that a life\ninsurance policy contain a clause making the policy \nincontestable after it has been in effect for a specified \nperiod, unless the insured does not pay premiums or \nviolates policy conditions relating to military service. \nSome states also require similar provisions in accident \nand sickness policies. -Also termed noncontestabil\nily clause; incontestable clause; uncontestable clause. \nCf. CONTESTABILITY CLAUSE. [Cases: Insurance C=:> \n3121.] \nincontestability status. Trademarks. A classification of \na trademark that meets certain criteria including \ncommercial use for five years after being placed on the \nPrincipal Register -as immune from legal challenge. \n Although incontestability does not confer absolute \nimmunity, it makes a challenge much more difficult 15 \nGSCA  1065. [Cases: Trademarks C=:> 1352.] \nincontestable policy. See INSURANCE POLICY. \nincontinenti (in-kon-ti-nen-tI), adv. [Law Latin) Imme\ndiately; without any interval or intermission. -Also \nspelled in continenti. \nincontrovertible-physical-facts doctrine. See PHYSICAL\nFACTS RULE. inconvenience. See RULE OF INCONVENIENCE. \ninconvenient forum. See FORUM NON CONVENIENS. \nincorporamus (in-kor-pa-ray-mas). [Law LatinJ Hist. We \nincorporate . This word indicated an intent to incor\nporate. \n\"All the other methods therefore whereby corporations \nexist, by common law, by prescription, and by act of \nparliament, are for the most part reducible to this of the \nking'5 letters patent, or charter of incorporation. The \nking's creation may be performed by the words 'creamus, \nerigimus, fundamus, incorporamus,' or the like,\" 1 William \nBlackstone, Commentaries on the Laws of England 461 \n(1765). \nincorporate, vb. (14c) 1. To form a legal corporation <she \nincorporated the family business>. [Cases: Corpora\ntions C=:>1.J 2. To combine with something else <incor\nporate the exhibits into the agreement>. 3. To make \nthe terms of another (esp. earlier) document part of a \ndocument by specific reference <the codicil incorpo\nrated the terms ofthe will>; esp., to apply the provisions \nofthe Bill ofRights to the states by interpreting the 14th \nAmendment's Due Process Clause as encompassing \nthose provisions. \nincorporation, n. (15c) 1. The formation of a legal cor\nporation. See ARTICLES OF INCORPORATION. [Cases: \nCorporations C=:> 1.] 2. Constitutional law. The process \nof applying the provisions of the Bill of Rights to the \nstates by interpreting the 14th Amendment's Due \nProcess Clause as encompassing those provisions . \nIn a variety ofopinions since 1897, the Supreme Court \nhas incorporated the First, Fourth, Sixth, and Ninth \nAmendments into the Fourteenth Amendment's Due \nProcess Clause. [Cases: Constitutional Law C=:>3850.] \nselective incorporation. Incorporation of certain \nprovisions of the Bill of Rights. Justice Benjamin \nCardozo, who served from 1932 to 1938, first advo\ncated this approach. [Cases: Constitutional Law \n3850.] \ntotal incorporation. Incorporation ofall of the Bill of \nRights. Justice Hugo Black, who served on the U.S. \nSupreme Court from 1937 to 1971, first advocated this \napproach. [Cases: Constitutional Law C=:>3850.J \n3. INCORPORATION BY REFERENCE. incorporate, \nvb. \nincorporation by reference. (1886) 1. A method of \nmaking a secondary document part of a primary \ndocument by including in the primary document \na statement that the secondary document should be \ntreated as ifit were contained within the primary one. \n With a contract, the document to be incorporated \nmust be referred to and described in the contract in \nsuch a way that the document's identity is clear beyond \ndoubt. With a will, the rule applies only to clearly iden\ntified writings that existed when the testator signed the \nwill. Gnif. Probate Code  2-510. Not all jurisdictions \nfollow this rule for either contracts or wills. -Often \nshortened to incorporation. Also termed adoption by \nreference. [Cases: Contracts Wills (;:='98.1 2. \nPatents. The explicit inclusion in one patent application \n\nof information already contained in another document, \nsuch as another patent or patent application . Gener\nally, the reference must be to a U.S. patent or applica\ntion ifthe information is essential (i.e., the description, \nenabling disclosure, or best mode), but otherwise it \nmay be to a foreign patent or a nonpatent publication. \nIncorporation by reference is often used in a continuing \napplication to cite the disclosure contained in a parent \napplication. Cf. CROSS-REFERENCE. [Cases: Patents \n99.] 3. Patents. The inclusion in a patent claim ofinfor\nmation from an external drawing or table . Incorpora\ntion by reference is a necessity doctrine, available when \nthere is no other practical way to convey the informa\ntion in words, and when it is more concise and clear \nto refer the examiner to the graphic element. [Cases: \nPatents (;:::c. 100.] \nincorporationism. The philosophical view that (1) law \nis made possible by an interdependent convergence of \nbehavior and attitude, esp. in agreements that take the \nform of social conventions or rules; (2) authoritative \nlegal pronouncements must distinguish some situa\ntions from others; and (3) the legality of norms can \ndepend on their substantive moral merit, not just on \ntheir pedigree or social source. See Jules Coleman,Ihe \nPractice ofPrinciple (2001); Wl Waluchow, Inclusive \nLegal Positivism (1994). -Also termed soft positivism; \ninclusive legal positivism. \nincorporator. (1883) A person"}
{"text": "termed soft positivism; \ninclusive legal positivism. \nincorporator. (1883) A person who takes part in the for\nmation ofa corporation, usu. by executing the articles \nof incorporation. -Also termed corporator. \n\"An 'incorporator' must be sharply distinguished from a \n'subscriber.' The latter agrees to buy shares in the cor\nporation; in other words, a subscriber is an investor and \nparticipant in the venture. An 'incorporator' on the other \nhand serves the largely ceremonial or ministerial functions \ndescribed in this section. At one time many states required \nthat an incorporator also be a subscriber of shares; \nhowever, such requirement appears to have disappeared \nin all states.\" Robert W. Hamilton, The Law ofCorporations \nin a Nutshell 34 (3d ed. 1991). \nin corpore (in kor-p<1-ree). [Latin] In body or substance; \nin a material thing or object. \nincorporeal (in-kor-por-ee-<1I), adj. (ISc) Having a con\nceptual existence but no physical existence; INTANGI\nBLE <copyrights and patents are incorporeal property>. \nCf. CORPOREAL. -incorporeality, n. \nincorporeal chattel. See incorporeal property under \nPROPERTY. \nincorporeal hereditament. See HEREDITAMENT. \nincorporeal ownership. See OWNERSHIP. \nincorporeal possession. See POSSESSION. \nincorporeal property. See PROPERTY. \nincorporeal right. See RIGHT. \nincorporeal thing. 1. See incorporeal property under \nPROPERTY. 2. See THING. \nin corporihus sed non in quantitatibus (in kor-por-<1\nb;JS sed non in kwon-ti-tay-t;J-b<1s). [Law Latin] Hist. \nIn separate and distinct subjects, but not in things estimated in quantities . The phrase appeared in ref\nerence to the best of a decedent's movable property \nto which an heir had a right. This property typically \nincluded animals and equipment but not wine or grain \nbecause wine and grain were estimated in quantities. \nincorrigibility (in-kor-J-jJ-bil-;3-tee or in-kahr-), n. (14c) \nSerious or persistent misbehavior by a child, making \nreformation by parental control impossible or unlikely. \nCf. JUVENILE DELINQUENCY. [Cases: Infants (;:::c151.] \nincorrigible, adj. \nincorrigible (in-kor-;>-j;>-b;31 orin-kahr-), adj. (14c) Inca\npable ofbeing reformed; delinquent. \nincorrigible child. See CHILD. \nIncoterm (in[gJ-koh-t;3rm). A standardized shipping \nterm, defined by the International Chamber of \nCommerce, that apportions the costs and liabilities \nof international shipping between buyers and sellers. \nSee EX WORKS; COST, INSURANCE, AND FREIGHT; COST \nAND FREIGHT; FREE ALONGSIDE SHIP; FREE ON BOARD. \n[Cases: Shipping 104.] \nincrease (in-krees), n. (14c) 1. The extent ofgrowth or \nenlargement. 2. Archaic. 'Ihe produce ofland or the \noffspring ofhuman beings or animals. -increase (in\nkrees), vb. \nincrease, costs of. See COSTS OF INCREASE. \nincreased-risk-of-harm doctrine. See LOSS-OF-CHANCE \nDOCTRINE. \nincrement (in[g]-kr<1-m;3nt), n. (lSc) A unit of increase \nin quantity or value. -incremental, adj. \nunearned increment. An increase in the value of real \nproperty due to population growth. \nincremental cash flow. See CASH FLOW. \nincrementum (in-kr;3-men-tJm). [Latin] Hist. Increase. \n This term appeared in various phrases, such as costs \nde incremento (\"costs of increase\"). See COSTS OF \nINCREASE. \nincrescitur (in-kres-i-t;3r). See ADDITUR. \nincriminate (in-krim-d-nayt), vb. (18c) 1. To charge \n(someone) with a crime <the witness incriminated the \nmurder suspect>. 2. To identify (oneself or another) as \nbeing involved in the commission of a crime or other \nwrongdoing <the defendant incriminated an accom\nplice>. Also termed criminate. incriminatory, \nadj. \nincriminating. adj. (18c) Demonstrating or indicat\ning involvement in criminal activity <incriminating \nevidence>. \nincriminating admission. See ADMISSION (1). \nincriminating circumstance. See CIRCUMSTANCE. \nincriminating evidence. See EVIDENCE. \ninCriminating statement. See STATEMENT. \nincrimination. (I8c) 1. The act ofcharging someone with \na crime. 2. The act of involving someone in a crime. \nAlso termed crimination. See SELF-INCRIMINATION. \n\nincroach, vb. Archaic. See ENCROACH. \nincroachment. Archaic. See ENCROACHMENT. \nin cujus rei testimonium (in kyoo-jas ree-I tes-ta-moh\nnee-am). [Law Latin) Hist. In witness whereof. -These \nwords were used to conclude deeds. The modern \nphrasing ofthe testimonium clause in deeds and other \ninstruments beginning with in witness whereof -is \na loan translation of the Latin. \ninculpatae tutelae moderatio. See MIDERAMEN INCUL\nPATAE TCTELAE. \ninculpate (in-kdl-payt or in-kal-payt), vb. (18c) 1. To \naccuse. 2. To implicate (oneself or another) in a crime \nor other wrongdoing; INCRIMINATE. -inculpation, \nn. -inculpatory (in-bl-p;:Hor-ee), adj. \ninculpatory evidence. See EVIDENCE. \nincumbent (in-k;>m-b:mt), n. (15c) One who holds an \nofficial post, esp. a political one. incumbency, n. \nincumbent, adj. \nincumbrance. See ENCUMBRANCE. \nincur, vb. (15c) To suffer or bring on oneself (a liability or \nexpense). incurrence, n. incurrable, adj. \nincurramentum (in-ka-ra-men-tdm). [fr. Latin in \"upon\" \n+ currere \"to run\"] Hist. The incurring of a fine or \npenalty. \nincurred risk. See ASSUMPTION OF THE RISK (2). \nin cursu diligentiae (in k\"r-s[yJoo dil-d-jen-shee-ee). \n[Law Latin] Hist. In the course ofdoing diligence -i.e., \nexecuting a judgment. \nin cursu rebellionis (in br-s[yJoo ri-bel-ee-oh-nis). [Law \nLatin] Hist. In the course ofrebellion. \n\"In cursu rebellion is . .. All persons were formerly \nregarded as in rebellion against the Crown who had been \nput to the horn for non-fulfilment of a Civil obligation; their \nwhole moveable estate fell to the Crown as escheat; they \nmight be put to death with impunity; and lost all their legal \nprivileges, Ifthe denunciation remained unrelaxed for year \nand day (which was the time known as the cursus rebel\n!ionis), the rebel was esteemed civiliter mortuus, and his \nheritage reverted to the superior .... Denunciation for civil \nobligation and its consequences were in effect abolished \nby the Act 20 Geo. II. c. 50.\" John Trayner, Trayner's Latin \nMaxims 257 (4th ed. 1894), \nin custodia legis (in kd-stoh-dee-a lee-jis). [Latin) In \nthe custody ofthe law <the debtor's automobile was in \ncustodia legiS after being seized by the sheriff>. -The \nphrase is traditionally used in reference to property \ntaken into the court's charge during pending litigation \nover it. Also termed in legal custody. [Cases: Attach\nment Execution C:;::J 55; Garnishment <:>::>58,] \nin damno vitando (in dam-noh vI-tan-doh). [Latin] Hist. \nIn endeavoring to avoid damage (or injury). \ninde (in-dee), adv. [Latinj Hist. Thence; thereof, _ This \nword appeared in several Latin phrases, such as quod \neat inde sine die (\"that he go thence without day\"). \nindebitatus (in-deb+tay-tas), p.pl. [Law Latin] Indebted. \nSee NUNQUAM INDEBITATUS. indebitatus assumpsit (in-deb-i-tay-tds a-s3m[p]-sit). \nSee ASSt:MPSIT. \nindebiti solutio (in-deb-i-tI sd-Hyjoo-shee-oh). [Latin] \nRoman & Scots law. Payment of what is not owed. \nMoney paid under the mistaken belief that it was owed \ncould be recovered by condictio indebiti. See condictio \nindebiti under CONDICTIO. \n\"Indebiti Solutio When a person has paid in error what \nhe was not bound to pay the law lays upon the person who \nhas received payment a duty of restitution, . , , Payment \n(solutio) includes any performance whereby one person \nhas been enriched at the expense of another. Usually it \nwill be the handing over of money or of some other thing, \nbut it may also consist in undertaking a new liability or in \ndischarging an existing liability.\" R.w. Lee, The Elements of \nRoman Law 373-74 (4th ed. 1956), \nindebitum (in-deb-i-tdm), n. & adj. Roman law. A debt \nthat in fact is not owed. -Money paid for a nonexistent \ndebt could be recovered by the action condictio indebiti. \nCf. DEBITUM. \n\"A conditional debt if paid could be recovered as an inde\nbitum, so long as the condition was outstanding.\" W,W. \nBuckland, A Manual of Roman Private Law 255 (2d ed. \n1939). \nindebtedness (in-det-id-nis). (17c) 1. The condition or \nstate ofowing money. 2. Something owed; a debt. \nindecency, n. (16c) The state or condition of being out\nrageously offensive, esp. in a vulgar or sexual way. \nUnlike obscene material, indecent speech is protected \nunder the First Amendment. Cf. OBSCENITY. [Cases: \nObscenity C:;::J LJ indecent, adj. \n\"Obscenity is that which is offenSive to chastity. Indecency \nis often used with the same meaning, but may also include \nanything which is outrageously disgusting, These were not \nthe names of common-law crimes, but were words used in \ndescribing or identifying certain deeds which were,\" Rollin \nM. Perkins & Ronald N. Boyce, Criminal Law 471 (3d ed. \n1982), \nindecent advertising. 1. Signs, broadcasts, or other forms \nofcommunication that use grossly objectionable words, \nsymbols, pictures, or the like to sell or promote goods, \nservices, events, etc. 2. Archaic, In some jurisdictions, \nthe statutory offense of advertising the sale ofaborti\nfacients and (formerly) contraceptives. \nindecent assault. See sexual assault (2) under ASSAULT. \nindecent assault by contact. See sexual assault (2) under \nASSAULT. \nindecent assault by exposure. See INDECENT EXPOSURE. \nindecent exhibition. The act of publicly displaying or \noffering for sale something (such as a photograph or \nbook) that is outrageously offensive, esp, in a vulgar or \nsexual way, [Cases: Obscenity C:;::J6, 7.) \nindecent exposure. (1828) An offensive display of one's \nbody in public, esp. of the genitals. -Also termed \nindecent assault by exposure; exposure ofperson. Cf. \nLEWDNESS; OBSCENITY. [Cases: Obscenity <r\":::>3.] \n\"Indece.nt exposure of the person to public view is also a \ncommon-law misdemeanor. Blackstone did not deal with it \nseparately. The last offense which I shall mention,' he said, \n'more immediately against religion and morality, and cogni\nzable by the temporal courts, is that of open and notorious \n\nlewdness; either by frequenting houses of ill fame, which \nis an indictable offense; or by some grossly scandalous \nand public indecency, for which the punishment is by fine \nand imprisonment.' In other words private indecency was \nexclusively under the jurisdiction of the ecclesiastical court \nbut public indecency ofan extreme nature was indictable: \nRollin M. Perkins & Ronald N. Boyce, Criminal Law 473 (3d \ned. 1982) (quoting 4 William Blackstone, Commentaries on \nthe Laws of England 64 (l769)). \nindecent liberties. (I8c) Improper behavior, usu. toward \nanother person, esp. ofa sexual nature. [Cases: Infants \nindedmable (in-des-<l-m<l-bl), adj. Hist. Not titheable; \nnot liable for tithes. \nindefeasible (in-d<l-feez-<l-b;ll), adj. (16c) (Of a claim or \nright) not vulnerable to being defeated, revoked, or lost \n<an indefeasible estate>. \nindefeasible remainder. See REMAINDER. \nindefeasibly vested remainder. See indefeasible remain\nder under REMAINDER. \nindefensus (in-da-fen-s;ls), n. [Latin \"undefended\"] \nRoman law. A person who fails to make a defense or \nplea to an action . The term later acquired a similar \nmeaning in English law. \nindefinite detainee. See NONREMOVABLE INMATE. \nindefinite failure ofissue. See FAILURE OF ISSUE. \nindefinite payment. See PAYMENT. \n"}
{"text": "\nindefinite failure ofissue. See FAILURE OF ISSUE. \nindefinite payment. See PAYMENT. \nindefinite postponement. See postpone indefinitely \nunder POSTPONE. \nindefinite sentence. See indeterminate sentence under \nSENTENCE. \nindefinite sentencing. See INDETERMINATE SENTENC\nING. \nin Dei nomine (in dee-I nahm-a-nee). [Latin) Hist. In the \nname ofGod. The opening phrase ofcertain writs. \nin delicto (in d;l-Iik-toh). [Latin] In fault. See IN PARI \nDELICTO. Cf. EX DELICTO (1). \nindemnification (in-dem-na-fi-kay-shan), n. (I8c) 1. The \naction of compensating for loss or damage sustained. \n2. The compensation so made. [Cases: Indemnity \n20.) -indemnificatory, adj. \nindemnifier. See INDEMNITOR. \nindemnify (in-dem-na-fI), vb. (17c) 1. To reimburse \n(another) for a loss suffered because of a third party's \nor one's own act or default; HOLD HARMLESS. [Cases: \nIndemnity C=::>20-84.J 2. To promise to reimburse \n(another) for such a loss. [Cases: Indemnity \n3. To give (another) security against such a loss. \nindemnifiable, adj. \nindemnis (in-dem-nis), adj. [Latin] Hist. Free from loss \nor damage; harmless. \nindemnitee (in-dem-na-tee). (1884) One who receives \nindemnity from another. [Cases: Indemnity C=::>3I(3), \n33,63.) indemnitor (in-dem-na-t;lr or -tor). (1827) One who \nindemnifies another. -Also termed indemnifier. \n[Cases: Indemnity C=::>3I(3), 33,63.) \nindemnity (in-dem-na-tee), n. (ISc) 1. A duty to make \ngood any loss, damage, or liability incurred by another. \n[Cases: IndemnityC=::>20, 25, 50-61.]2. The right of \nan injured party to claim reimbursement for its loss. \ndamage, or liability from a person who has such a duty. \n3. Reimbursement or compensation for loss, damage, \nor liability in tort; esp., the right ofa party who is sec\nondarily liable to recover from the party who is primar\nily liable for reimbursement of expenditures paid to a \nthird party for injuries resulting from a violation of a \ncommon-law duty. Cf. CONTRIBUTION. indemni\ntory, adj. \ncontractual indemnity. Indemnity that is expressly \nprovided for in an agreement. [Cases: Indemnity \nC=::>25.) \ndouble indemnity. (1859) The payment of twice the \nbasic benefit in the event of a specified loss, esp. as \nin an insurance contract requiring the insurer to pay \ntwice the policy's face amount in the case ofacciden\ntal death. rCases: Insurance \nequitable indemnity. 1. A doctrine allOWing a defen\ndant in a tort action to allocate blame to a codefendant \nor cross-defendant, and thereby to proportionally \nreduce legal responsibility, even in the absence ofcon\ntractual indemnity. -Also termed implied indem\nnity; doctrine ofequitable indemnity. 2. See implied \ncontractual indemnity. 3. See implied indemnity. \n[Cases: Indemnity C=::>51.j \nimplied contractual indemnity. Indemnity that is not \nexpressly provided for by an indemnity clause in an \nagreement but is nevertheless determined to be rea\nsonably intended by the parties, based on equitable \nconsiderations. Also termed eqUitable indemnity. \nlCases: Indemnity C=::>54.J \nimplied indemnity. Indemnity arising from equitable \nconsiderations and based on the parties' relationship, \nas when a guarantor pays a debt to a creditor that the \nprincipal debtor should have paid. Also termed \nequitable indemnity. [Cases: Indemnity \nindemnity against liability. (1838) A right to indem\nnitythat arises on the indemnitor's default, regardless \nofwhether the indemnitee has suffered a loss. [Cases: \nIndemnity C=::>31(4), 42.) \n\"Indemnity against Liability ~-Where the indemnity is \nagainst liability, the cause of action is complete and the \nindemnitee may recover on the contract as soon as his \nliability has become fixed and established, even though \nhe has sustained no actual loss or damage at the time he \nseeks to recover. Thus, under such a contract, a cause \nof action accrues to the indemnitee on the recovery of a \njudgment against him, and he may recover from the indem \nnitor without proof of payment of the judgment.\" 42 c.J.5. \nIndemnity  22 (1991). \nindemnity bond. See BOND (2). \nindemnity clause. (1860) A contractual provision in \nwhich one party agrees to answer for any specified or \n\n838 indemnity contract \nunspecified liability or harm that the other party might \nincur. -Also termed hold-harmless clause; save-harm\nless clause. Cf. EXEMPTION CLAUSE. [Cases: Indemnity \nC=>25,31(4).] \nindemnity contract. See CONTRACT. \nindemnity insurance. See first-party insurance under \nINSURANCE. \nindemnity land. 1. Public land granted to a railroad \ncompany to help defray the cost ofconstructing a right\nof-way . This land indemnifies a railroad company \nfor land given in a previous grant but later rendered \nunavailable for railroad use by a disposition or reser\nvation made after the original grant. [Cases: Public \nLands C=>70.] 2. Federally owned land granted to a \nstate to replace previously granted land that has since \nbeen rendered unavailable for the state's use. -Also \ntermed place land. \nindemnity mortgage. See deed oftrust under DEED. \nindemnity principle. Insurance. The doctrine that an \ninsurance policy should not confer a benefit greater \nin value than the loss suffered by the insured. [Cases: \nInsurance C=>2104.] \nindenization (in-den-i-zay-sh,m), n. See DENIZATION. \nindenizen. See ENDENIZEN. \nindent, n. 1. Hist. An indented certificate ofindebtedness \nissued by the U.S. government or a state government \nin the late 18th or early 19th century. 2. A contract or \ndeed in writing. \nindent (in-dent), vb. Hist. 1. To cut in a serrated or wavy \nline; esp., to sever (an instrument) along a serrated line \nto create multiple copies, each fitting into the angles of \nthe other. See CHIROGRAPH; INDENTURE (1). \n\"If a deed be made by more parties than one, there ought to \nbe regularly as many copies of it as there are parties, and \neach should be cut or indented (formerly in acute angles \ninstar dentium, but at present in a waving line) on the top \nor side, to tally or correspond with the other; which deed, \nso made, is called an indenture.... Deeds thus made \nwere denominated syngrapha by the canonists; and with \nus chirographa, or hand-writings; the word cirographum or \ncyrographum being usually that which is divided in making \nthe indenture ....\" 2 William Blackstone, Commentaries on \nthe Laws ofEngland 295-96 (1766). \n2. To agree by contract; to bind oneself. 3. To bind (a \nperson) by contract. \nindented deed. See INDENTURE (1). \nindenture (in-den-chdr), n. (14c) 1. A formal written \ninstrument made by two or more parties with differ\nent interests, traditionally having the edges serrated, or \nindented, in a zigzag fashion to reduce the possibility of \nforgery and to distinguish it from a deed poll. -Also \ntermed indented deed. Cf. deed poll under DEED. [Cases: \nDeeds C=>3.] 2. A deed or elaborate contract Signed by \ntwo or more parties. \n''The distinction between a deed poll and an indenture is \nno longer important since 8 & 9 Vict. C. 106,  5. Formerly \na deed made by one party had a polled or smooth-cut \nedge, a deed made between two or more parties was \ncopied for each on the same parchment, and the copies \ncut apart with indented edges, so as to enable them to be identified by fitting the parts together. Such deeds were \ncalled indentures. An indented edge is not now necessary \nto give the effect of an indenture to a deed purporting to \nbe such.\" William R. Anson, Principles ofthe Law ofContract \n84 (Arthur l. Corbin ed., 3d Am. ed. 1919). \n\"An indenture was a deed with the top of the parchment \nindented, i.e., having an irregular edge. The deed was \nwritten out twice on a single sheet of parchment, which \nwas then severed by cutting it with an irregular edge; the \ntwo halves of the parchment thus formed two separate \ndeeds which could be fitted together to show their genu\nineness. This contrasted with a 'deed poll,' a deed to which \nthere was only one party, which at the top had been polled, \nor shaved even.\" Robert E. Megarry & M.P. Thompson, A \nManual of the Law of Real Property 129 (6th ed. 1993). \ncorporate indenture. A document containing the terms \nand conditions governing the issuance ofdebt securi\nties, such as bonds or debentures. [Cases: Corpora\ntions C=>471.] \ndebenture indenture. (1938) An indenture contain\ning obligations not secured by a mortgage or other \ncollateral.  It is a long-term financing vehicle that \nplaces the debenture holder in substantially the same \nposition as a bondholder secured by a first mortgage. \n[Cases: Corporations C=>470.] \ntrust indenture. 1. A document containing the terms \nand conditions governing a trustee's conduct and the \ntrust beneficiaries' rights. -Also termed indenture \noftrust. [Cases: Trusts C=> 19-29.] 2. See deed oftrust \nunder DEED. \n3. Hist. A contract by which an apprentice or other \nperson, such as a servant, is bound to a master, usu. \nfor a term ofyears or other limited period. -inden\ntured, adj. \nindentured servant. See SERVANT. \nindenture ofa fine. Hist. A document engrossed by the \nchirographer of fines to reflect penalties assessed by \nthe court. The chirographer prepared indentures in \nduplicate on the same piece of parchment, then split \nthe parchment along an indented line through a word, \nsentence, or drawing placed on the parchment to help \nensure its authenticity. See CHIROGRAPHER OF FINES. \nindenture oftrust. See trust indenture under INDEN\nTURE. \nindenture trustee. See TRUSTEE (1). \nindependence, n. (17c) The state or quality ofbeing inde\npendent; esp., a country's freedom to manage all its \naffairs, whether external or internal, without control \nby other countries. \nindependent, adj. (17c) 1. Not subject to the control or \ninfluence of another <independent investigation>. 2. \nNot associated with another (often larger) entity <an \nindependent subsidiary>. 3. Not dependent or contin\ngent on something else <an independent person>. \nindependent adjuster. See ADJUSTER. \nindependent adoption. See private adoption under \nADOPTION. \nindependent advice. (1871) Counsel that is impartial \nand not given to further the interests of the person \n\n839 \ngiving it . Whether a testator or donor received inde\npendent advice before making a disposition is often \nan important issue in an undue-influence challenge to \nthe property disposition. Also termed proper inde\npendent advice. \nindependent agency. See AGENCY (3). \nindependent agent. See AGENT (2). \nindependent audit. See AUDIT. \nindependent claim. See PATENT CLAIM. \nindependent conception. See INDEPENDENT DEVELOP\nMENT. \nindependent contract. See CONTRACT. \nindependent contractor. (1841) One who is entrusted \nto undertake a specific project but who is left free to \ndo the assigned work and to choose the method for \naccomplishing it.  It does not matter whether the work \nis done for payor gratuitously. Unlike an employee, an \nindependent contractor who commits a wrong while \ncarrying out the work usu. does not create liability for \nthe one who did the hiring. -Also termed contract \nlabor. Cf. EMPLOYEE. [Cases: Labor and Employment \nC=29,3125.] \nindependent counseL See COUNSEL. \nindependent covenant. See COVENANT (1). \nindependent creation. Copyright. A defense assert\ning that a later work is not a derivative of an alleg\nedly infringed work, but is a product of coincidentally \nparallel labor. [Cases: Copyrights and Intellectual \nProperty <;::75.] \nindependent development. Intellectual property. A \ndefense against an industrial-espionage charge wherein \nthe user shows that the property was independently dis\ncovered or conceived . Trademarks, symbols, inven\ntions, and other types of intellectual property are all \nsubject to independent deVelopment. Also termed \nindependent conception. \nindependent executor. See EXECUTOR. \nindependent force. See FORCE. \nindependent intervening cause. See intervening cause \nunder CAUSE (1). \nindependent invention. See INVENTION. \nindependent investigation committee. See SPECIAL \nLITIGATION COMMITTEE. \nindependent-Jiving program. Family law. A training \ncourse designed to enable foster children who are near \nthe age of majority to leave the foster-care system and \nmanage their own affairs as adults . Independent "}
{"text": "children who are near \nthe age of majority to leave the foster-care system and \nmanage their own affairs as adults . Independent \nliving programs provide education, training, and \nfinancial and employment counseling. They also help \nmany foster youth in locating suitable post-foster-care \nhousing. Permanency planning orders or case plans \ncan -but are not required to provide for indepen\ndent living as a goal for a child in long-term foster care \nand describe how it is to be accomplished. See AGING\nOUT; PERMANENCY PLAN. indeterminate conditional release \nindependent medical examination. An assessment of \na person's physical condition and health that is made \nby an impartial health care professional, usu. a physi\ncian. Abbr. IME. [Cases: Damages (~:'206.] \nindependent mental evaluation. An assessment of a \nperson's mental and emotional condition that is made \nby an impartial mental-health professional, such as a \npsychologist or psychiatrist. Cf. PSYCHIATRIC EXAMI\nNATION. -Abbr. IME. [Cases: Damages (>206.] \nindependent personal representative. See personal rep\nresentative under REPRESENTATIVE. \nindependent-practice association. A network of inde\npendent healthcare providers who contract with a \nhealth-maintenance organization (HMO) to provide \nservices to the HMO's subscribers at negotiated rates. \n Independent-practice associations generally remain \nfree to accept patients who subscribe to other HMOs or \nwho are not members ofan HMO. -Abbr. IPA. \nindependent probate. See informal probate under \nPROBATE. \nindependent promise. See unconditional promise under \nPROMISE. \nindependent regulatory agency. See independent agency \nunder AGENCY (3). \nindependent regulatory commission. See independent \nagency under AGENCY (3). \nindependent retirement account. See INDIVIDUAL \nRETIREMENT ACCOUNT. \nindependent-significance doctrine. (1968) Wills & \nestates. The principle that effect will be given to a tes\ntator's disposition that is not done solely to avoid the \nrequirements ofa will.  An example is a will provision \nthat gives the contents ofthe testator's safe-deposit box \nto his niece. Because the safe-deposit box has utility \n(\"significance\") independent of the will, the gift of its \ncontents at the testator's death is valid. \nindependent-source hearing. See HEARING. \nindependent-source rule. (1968) Criminal procedure. \nThe rule providing -as an exception to the fruit-of\nthe-poIsonous-tree doctrine that evidence obtained \nby illegal means may nonetheless be admissible if that \nevidence is also obtained by legal means unrelated to \nthe original illegal conduct. See FRUIT-OF-THE-POISON\nOUS-TREE DOCTRINE. Cf. INEVITABLE-DISCOVERY RULE. \n[Cases: Criminal Law '::=394.1(3).] \nindependent state. See SOVEREIGN STATE. \nindependent union. See UNION. \nindestructible trust. See TRUST. \nindeterminate, adj. (14c) Not definite; not distinct or \nprecise, \nindeterminate bond. See BOND (3). \nindeterminate conditional release. A release from \nprison granted once the prisoner fulfills certain con\nditions . The release can be revoked if the prisoner \nbreaches other conditions. [Cases: Prisons C=248.] \n\n840 indeterminate damages \nindeterminate damages. See discretionary damages \nunder DAMAGES. \nindeterminate obligation. See OBLIGATION. \nindeterminate sentence. See SENTENCE. \nindeterminate sentencing. See SENTENCING. \nindeterminate sentencing. (1941) The practice of not \nimposing a definite term of confinement, but instead \nprescribing a range for the minimum and maximum \nterm, leaving the precise term to be fixed in some other \nway, usu. based on the prisoner's conduct and apparent \nrehabilitation while incarcerated. Also termed indef \ninite sentencing. See indeterminate sentence under \nSENTENCE. [Cases: Sentencing and Punishment \n1124.] \nin detrimentum animi (in de-tra-men-tam an-a-mr). \n[Latin] Hist. To the injury of the soul. -The phrase \nappeared in reference to the ground upon which a person \nwas prohibited from questioning a legal document that \nthe person had sworn to never question. \nindex, n. (14c) 1. An alphabetized listing of the topics or \nother items included in a single book or document, or \nin a series ofvolumes, usu. found at the end of the book, \ndocument, or series <index ofauthorities>. \ngrantee-grantor index. (1961) An index, usu. kept in \nthe county clerk's or recorder's office, alphabetically \nlisting by grantee the volume and page number ofthe \ngrantee's recorded property transactions. _ In some \njurisdictions, the grantee-grantor index is combined \nwith the grantor-grantee index. [Cases: Records \n8.] \ngrantor-grantee index. (1944) An index, usu. kept in \nthe county clerk's or recorder's office, alphabetically \nlisting by grantor the volume and page number of \nthe grantor's recorded property transactions. [Cases: \nRecords (;::::>8; Vendor and Purchaser (;::::>231.] \ntract index. (1858) An index, usu. kept in the county \nclerk's or recorder's office, listing, by location of each \nparcel ofland, the volume and page number of the \nrecorded property transactions affecting the parcel. \n[Cases: Records C~~8; Vendor and Purchaser \n231.] \n2. A number, usu. expressed in the form of a percentage \nor ratio, that indicates or measures a series ofobserva\ntions, esp. those involving a market or the economy \n<cost-of-living index> <stock index>. \nadvance-decline index. A stock-market indicator \nshowing the cumulative net difference between stock\nprice advances and declines. \nindex animi sermo (in-deks an-a-mr sar-moh). [Latin] \nSpeech is the index ofthe mind. -This maxim supports \nthe concept that the language of a statute or instrument \nis the best guide to the drafter's intent. \nindexation. See INDEXING. \nindex crime. See index offense under OFFENSE (1). \nindex fund. See MUTUAL FUND. indexing. 1. The practice or method of adjusting wages, \npension benefits, insurance, or other types of payments \nto compensate for inflation. 2. The practice of investing \nfunds to track or mirror an index ofsecurities. -Also \ntermed indexation. \nindex lease. See LEASE. \nindex of authorities. (1881) An alphabetical list of \nauthorities cited in a book or brief, usu. with subcat\negories for cases, statutes, and treatises. -Also termed \ntable ofauthorities; table ofcases. [Cases: Appeal and \nError (;::::>756.] \nindex offense. See OFFENSE (1). \nIndex of Patents. An annual two-part publication ofthe \nu.s. Patent and Trademark Office, containing the year's \nList ofPatentees (Part I) and Index to Subjects ofInven\ntions (Part II), arranged by class and subclass. \nIndex ofTrademarks. An annual publication ofthe U.S. \nPatent and Trademark Office, listing all trademarks \nregistered in a given year. \nIndex to the U.S. Patent Classification System. An \nentry-level aid to using the Patent Office's classifica\ntion system, comprising an estimated 65,000 common \nterms and phrases and referring each entry to a class \nand subclass within the system. \nIndian child. Under the Indian Child Welfare Act, any \nunmarried person under the age of 18 who either is a \nmember ofan Indian tribe or is both eligible for mem\nbership in an Indian tribe and the biological child of a \nmember ofan Indian tribe. See INDIAN CHILD WELFARE \nACT. [Cases: Indians C:::>132.] \nIndian Child Welfare Act. A federal act that governs \nchild-custody proceedings including foster-care \nplacement, preadoptive placement, adoptive placement, \nand termination ofparental rights -in cases involving \na child of American Indian descent. 25 USCA  1911 \net seq. -Congress enacted the Act to help protect the \nbest interests ofIndian children, to promote the stabil\nity and security of Indian tribes and families, and to \ncounteract the disproportionate foster-care placement \nand adoption of Indian children by non-Indians. The \nAct provides minimum federal standards for removing \nIndian children from their families and for placing \nthem in foster or adoptive homes that will provide an \nenvironment reflecting the values of the Indian culture. \nThe Act has an important jurisdictional feature: in a \ncustody dispute involving an Indian child who resides \nin or is domiciled within an Indian reservation, the \ntribe and its tribal courts have exclusive jurisdiction. \nAnd in a custody dispute involving an Indian child who \nlives off a reservation, upon petition, any state court \nshould usu. defer and transfer the case to the tribal \ncourt unless a party demonstrates good cause to the \ncontrary. Abbr. ICWA. [Cases: Indians C=>213.} \nIndian Claims Commission. A federal agency dis\nsolved in 1978 that adjudicated claims brought by \nAmerican Indians, a tribe, or another identifiable group \nofIndians against the United States. -The U.S. Court \nof Federal Claims currently hears these claims. \n\n841 indictio \nIndian country. 1. The land within the borders of all \nIndian reservations, the land occupied by an Indian \ncommunity (whether or not located within a recog\nnized reservation), and any land held in trust by the \nUnited States but beneficially owned by an Indian or \ntribe. 2. Hist. Any region (esp. during the U.S. westward \nmigration) where a person was likely to encounter \nIndians. \nIndian gambling. See GAMBLING. \nIndian land. Land owned by the United States but held \nin trust for and used by American Indians. -Also \ntermed Indian tribal property. Cf. TRIBAL LAND. [Cases: \nIndians 15l.] \nIndian law. See NATIVE AMERICAN LAW. \nIndian reservation. An area that the federal government \nhas designated for use by an American Indian tribe, \nwhere the tribe generally settles and establishes a tribal \ngovernment. [Cases: Indians (;:=-, 156.] \nIndian Territory. A former U.S. territory -now a part \nof the state of Oklahoma -to which the Cherokee, \nChoctaw, Chickasaw, Creek, and Seminole tribes were \nforcibly removed between 1830 and 1843. In the late \n19th century, most of this territory was ceded to the \nUnited States, and in 1907 the greater part ofit became \nthe State of Oklahoma. \nIndian title. A right of occupancy that the federal gov\nernment grants to an American Indian tribe based \non the tribe's immemorial possession ofthe area. \nCongress does not recognize tribal ownership of the \nland, only possession. A tribe or nation must actually, \nexclusively, and continuously use the property to estab\nlish that it is the ancestral home. An individual may \nclaim Indian title by showing that the individual or his \nor her lineal ancestors continuously occupied a parcel \nofland, as individuals, before the land was closed to \nsettlers. Also termed aboriginal title; right of occu\npancy. Cf. aboriginal title (1) under TITLE (2). [Cases: \nIndians (::::> 151.J \nIndian tribal property. See INDIAN LAND. \nIndian tribe. A group, band, nation, or other organized \ngroup of indigenous American people, including any \nAlaskan native village, that is recognized as eligible \nfor the special programs and services provided by the \nU.S. government because ofIndian status (42 USCA  \n9601(36; esp., any such group haVing a federally rec\nognized governing body that carries out substantial \ngovernmental duties and powers over an area (42 USCA \n 300f(14); 40 CFR  146.3). A tribe may be identi\nfied in various ways, esp. by past dealings with other \ntribes or with the federal, state, or local government, \nor by recognition in historical records. [Cases: Indians \n(::::> 102.J \n\"The Indian tribe is the fundamental unit of Indian law; \nin its absence there is no occasion for the law to operate. \nYet there is no all-purpose definition of an Indian tribe. A \ngroup of Indians may qualify as a tribe for the purpose \nof one statute or federal program, but fail to qualify for \nothers. Definitions must accordingly be used with extreme caution.\" William C. Canby Jr.. American Indian Law in a \nNutshell 3-4 (2d ed. 1988). \nindicare (in-di-kair-ee), vb. [Latin] 1. Roman law. To \naccuse (someone) ofa crime; to provide evidence against \nsomeone. 2. Civil law. To show or discover. 3. Civil law. \nTo fix or tell the price ofa thing. See INDICIUM. \nindicator. (17c) Securities. An average or index that \nshows enough of a correlation to market trends or \neconomic conditions that it can help analyze market \nperformance. \ncoincident indicator. An economic or market-activ\nity index or indicator that shows changing trends \nnear the same time that overall conditions begin to \nchange. \neconomic indicator. See ECONOMIC INDICATOR. \nlagging indicator. 1. An index that indicates a major \nstock-market change sometime after the change \noccurs. 2. See lagging economic indicator under \nECONOMIC INDICATOR. \nleading indicator. 1. A quantifiable index that predicts \na major stock-market change. 2. See leading economic \nindicator under ECONOMIC INDICATOR. \nindicavit (in-di-kay-vit). [Law Latin \"he has indicated\"] \nHist. A writ of prohibition by which a church patron \nremoves to a common-law court an ecclesiastical-court \naction between two clerics who dispute each other's \nright to a benefice . The writ was long available \nnominally up to the 20th century under the 1306 \nstatute De Conjunctim Feoffatis (34 Edw. 1), Actions \nconcern"}
{"text": "1306 \nstatute De Conjunctim Feoffatis (34 Edw. 1), Actions \nconcerning clerics' rights to a benefice were usu. tried \nin ecclesiastical courts, but they could be removed to \na common-law court if the action involved a church \npatron in some way, as when one cleric was appointed \nby a certain patron and the other cleric was appointed \nby another patron. Cf. ADVOWSON. \nindicia (in-dish-ee-a), n. pl. (l7c) 1. Roman law. Evidence. \n2. (pl.) Signs; indications <the purchase receipts are \nindicia of ownership>. \nindicia oftitle. A document that evidences ownership of \npersonal or real property. [Cases: Property (::::>9.] \nindicium (in-dish-ee-am), n. [Latin] Roman law. 1. The \nact of prOViding evidence against an accused. 2. The \nact ofpromising recompense for a certain service. 3. A \nI sign or mark; esp., something used as a type of proof. \nI See INDlCARE. \nindict (in-drt), vb. (17c) To charge (a person) with a crime \nby formal legal process, esp. by grand-jury presenta\ntion. Also formerly spelled endUe; indite. \nindictable misdemeanor. See serious misdemeanor \nunder MISDEMEANOR. \nindictable offense. See OFFENSE (1). \nindictee (in-dI-tee). (16c) A person who has been \nindicted; one officially charged with a crime. \nindictio (in-dik-shee-oh), n. [Latin] I. Roman law. An \nimperial proclamation establishing a 15-year period for \nthe reassessment of property values for tax purposes. \n\nindictment 842 \n Indictio also referred to the IS-year cycle itself. 2. A \ndeclaration or proclamation, such as a declaration of \nwar (indictio belli). 3. An indictment. PI. indictiones \n(in -dik-shee-oh- neez). \nindictment (in-dIt-m;mt), n. 04c) 1. The formal written \naccusation of a crime, made by a grand jury and pre\nsented to a court for prosecution against the accused \nperson. See Fed. R. Crim. P. 7. [Cases: Indictment and \nInformation 17.]2. The act or process ofpreparing \nor bringing forward such a formal written accusation. \nCf. INFORMATION; PRESENTMENT (2). \nbarebones indictment. (1963) An indictment that cites \nonly the language of the statute allegedly violated; \nan indictment that does not provide a factual state\nment. \n\"What has been called 'a bare bones indictment using only \nstatutory language' is quite common, and entirely permis \nsible so long as the statute sets forth fully, directly, and \nexpressly all essential elements of the crime intended to \nbe punished.\" 1 Charles Alan Wright, Federal Practice and \nProcedure  125, at 55859 (3d ed. 1999). \nduplicitous indictment (d[y]oo-plis-;)-t<'}s). (1914) 1. \nAn indictment containing two or more offenses in \nthe same count. [Cases: Indictment and Information \nC=125.J 2. An indictment charging the same offense \nin more than one count. \njoint indictment. (17c) An indictment that charges two \nor more people with an offense. \nindictor (in-dIt-dr or in-dI-tor). (17c) A person who \ncauses another to be indicted. \nin diem (in dI-dm ordee-<lm). [Latin] For each day; per \nday. Cf. PER DIEM. \nin diem addictio. See ADDICTIO IN DIEM. \nindifference. (15c) A lack ofinterest in or concern about \nsomething; apathy. \nconscious indifference. 1. Criminal law. See deliberate \nindifference (2). 2. Torts. See deliberate indifference \n(3). \ndeliberate indifference. 1. Criminal law. (1951) The \ncareful preservation of one's ignorance despite aware\nness of circumstances that would put a reasonable \nperson on notice of a fact essential to a crime. See \nJEWELL INSTRUCTION. 2. Criminal law. Awareness of \nand disregard for the risk ofharm to another person's \nlife, body, or property. 3. Torts. Conscious disregard \nofthe harm that one's actions could do to the interests \nor rights ofanother. -Also termed reckless indiffer\nence; conscious avoidance; conscious indifference. \nreckless indifference. See deliberate indifference. \nindigena (in-dij-d~n<lJ. [Latin \"native\"] Hist. A subject \nborn within the English realm or naturalized by act of \nParliament. Cf. ALIENIGENA. \nindigency, n. (17c) The state or condition ofa person who \nlacks the means of subsistence; extreme hardship or \nneediness; poverty . For purposes ofthe Sixth Amend\nment right to appointed counsel, indigency refers to \na defendant's inability to afford an attorney. Also termed indigence. [Cases: Criminal Law ~1766.l \nindigent, adj. & n. \n\"Supreme Court opinions speak generally of the rights \nof an 'indigent defendant' without offering any specific \ndefinition of 'indigency: ... The appellate courts agree \nthat indigency is not a synonym for 'destitute: ... Among \nthe factors to be considered in evaluating the individual's \nfinancial capacity are: (l) income from employment and \nsuch governmental programs as social security and unem \nployment compensation. (2) real and personal property; \n(3) number of dependents; (4) outstanding debts; (5) serio \nousness of the charge (which suggests the likely fee of a \nretained attorney); and (6) other legal expenses (such as \nbail bond).\" Wayne R. Lafave & Jerold H. Israel, Criminal \nProcedure  11.3(g), at 544 (2d ed. 1992). \nindigent (in-di-jdnt), n. (15c) 1. A poor person. 2. A \nperson who is found to be financially unable to pay \nfiling fees and court costs and so is allowed to proceed \nin forma pauperis .  The Supreme Court has recog\nnized an indigent petitioner's right to have certain fees \nand costs waived in divorce and termination-of-paren\ntal-rights cases. Boddie v. Connecticut, 401 U.S. 371, \n91 S.Ct. 780 (1971); M.L.B. v. S.L,J., 519 U.S. 102, 117 \nS.Ct. 555 (1996). See PAUPER; IN FORMA PAUPERIS. \nindigent, adj. \nindigent defendant. (1882) A person who is too poor \nto hire a lawyer and who, upon indictment, becomes \neligible to receive aid from a court~appointed attorney \nand a waiver of court costs. See IN FORMA PAUPERIS. \nCf. PAUPER. [Cases: Costs Criminal Law~ \n1766.] \nindignity (in-dig-nHee), n. (16c) Family law. A ground \nfor divorce consisting in one spouse's pattern of \nbehavior calculated to humiliate the other. -Also \ntermed personal indignity. Cf. CRUELTY. [Cases: Divorce \n~29.1 \nindirect aggression. See AGGRESSION. \nindirect attack. See COLLATERAL ATTACK. \nindirect confession. See CONFESSION. \nindirect contempt. See CONTEMPT. \nindirect cost. See COST (1). \nindirect damages. See consequential damages under \nDAMAGES. \nindirect evidence. See circumstantial evidence (1) under \nEVIDENCE. \nindirect loss. See consequential loss under LOSS. \nindirect notice. See implied notice under NOTICE. \nindirect possession. See mediate possession under pos-\nSESSION. \nindirect-purchaser doctrine. (1976) Antitrust. The \nprinciple that in litigation for price discrimination, \nthe court will ignore sham middle parties in deter\nmining whether different prices were paid by different \ncustomers for the same goods . This doctrine gives \nstanding to bring an antitrust action to a party who \nis not an immediate purchaser ofa product. Thus, if a \nmanufacturer sells a product to a retailer, but dictates \nthe terms by which the retailer must sell the product \n\n843 \nto a consumer, a court will ignore the retailer and treat \nthe consumer as the direct purchaser of the product. \n[Cases: Antitrust and Trade Regulation C-~967.] \nindirect tax. See TAX. \nindiscriminate attack. lnt'llaw. An aggressive act that \n(1) is not carried out for a specific military objective, \n(2) employs a means of combat not directed at a specific \nmilitary objective, or (3) employs a means of combat \nthe effects of which cannot be limited in accordance \nwith an international protocol such as the Geneva Con\nventions of 1949 and their protocols or the Hague Con\nventions of 1899 and 1907. \nindispensable-element test. Criminal law. A common\nlaw test for the crime of attempt, based on whether \nthe defendant acquires control over any thing that is \nessential to the crime . Under this test, for example, a \nperson commits a crime by buying the explosives with \nwhich to detonate a bomb. See ATTEMPT (2). [Cases: \nCriminal Law \nindispensable evidence. See EVIDENCE. \nindispensable instrument. See INSTRUMENT (3). \nindispensable party. See PARTY (2). \nindistanter (in-di-stan-t;)r), adv. [Law Latin \"immedi\nately\"] Forthwith; without delay. \nindite. See INDICT. \nindividual, adj. (I5c) 1. Existing as an indivisible entity. \n2. Ofor relating to a single person or thing, as opposed \nto a group. \nindividual account plan. See defined-contribution plan \nunder EMPLOYEE BENEFIT PLAN. \nindividual asset. See ASSET. \nindividual contract. See Cml/TRACT. \nindividual debt. See DEBT. \nindividual goodwill. See personal goodwill under \nGOODWILL. \nindividualized educational placement. See INDIVIDt:\nALIZED EDUCATION PROGRAM. \nindividualized education program. Family law. A spe\ncially designed plan ofeducational instruction for a \nchild with disabilities . The individualized education \nprogram is a written plan that details the particular \nchild's abilities, the child's educational goals, and the \nservices to be provided. Abbr. IEP. -Also termed \nindividualized educational placement. See child with \ndisabilities under CHILD; INDIVIDUALS WITH DISABILI\nTIES EDUCATION ACT. \nindividual liberty. See personal liberty under LIBERTY. \nindividual property. See SEPARATE PROPERTY (1). \nindividual proprietorship. See SOLE PROPRIETORSHIP. \nindividual retirement account. (1974) A savings or bro\nkerage account to which a person may contribute up to \na specified amount ofearned income each year . The \ncontributions, along with any interest earned in the \naccount, are not taxed until the money is withdrawn indorsee \nafter a participant reaches 59'12 (or before then, ifa 10% \npenalty is paid). Abbr. IRA. Also termed inde\npendent retirement account. Cf. KEOGH PLAN. [Cases: \nInternal Revenue ~3594.1 \neducation individual retirement account. An indi\nvidual retirement account from which withdrawals \nmay be made tax-free ifthe withdrawn funds are used \nfor education costs . Before 2002, annual contribu\ntions were limited to $500. In 2002, the contribution \nlimit increased to $2,000 per year for families with \nincomes under $190,000. \nRoth IRA. (1991) An IRA in which contributions are \nnondeductible when they are made . No further \ntaxes are assessed on the contributions (or accrued \ninterest) when the money is withdrawn (ifall applica\nble rules are followed). This term takes its name from \nSenator William Roth, who sponsored the legislation \ncreating this type ofIRA. \nIndividuals with Disabilities Education Act. A federal \nstatute that governs the public education of children \nwith phYSical or mental handicaps and attempts to \nensure that these children receive a free public educa\ntion that meets their unique needs . The Education of \nAll Handicapped Children Act (enacted in 1975) was \nrenamed the Individuals with Disabilities Education \nAct in 1990, and this Act was substantially amended \nin 1997. All states currently participate in this joint fed\neral-state initiative. 20 USCA  1400-1485. Abbr. \nIDEA. \nindividual voluntary arrangement. English law. A \nformal out-of-court arrangement between a debtor \nand two or more lenders to freeze the interest rate \nof a debt and payoff a percentage of the debt over an \nagreed period, at the end of which time the remaining \ndebt is canceled . The arrangement is an alternative \nto filing for bankruptcy. It must be set up by an autho\nrized insolvency practitioner but does not require court \napproval. Abbr. IVA. \nindivisible, adj. (14c) Not separable into parts; held by \ntwo or more people in undivided shares <an indivis\nible debt>. \nindivision. Civil law. Undivided ownership ofproperty; \nthe condition of being owned by coowners each haVing \nan undivided interest in the property. [Cases: Joint \nTenancyC=::>1.] \nindivisum (in-di-v!-S;)m or -z;)m), adj. [Latin] Roman \nlaw. (Of property) held in common; not divided. \nindorse, vb. (16c) To sign (a negotiable instrument), usu. \non the back. either to accept responsibility for paying \nan obligation memorialized by the instrument or to \nmake the instrument payable to someone other than \nthe payee. Also spelled endorse. \nindorsee (in-dor-see). (18c) A person to whom a"}
{"text": "payee. Also spelled endorse. \nindorsee (in-dor-see). (18c) A person to whom a negotia\nble instrument is transferred by indorsement. Also \nspelled endorsee. \nindorsee in due course. An indorsee who, in the \nordinary course of business, acquires a negotiable \n\n844 indorsement \ninstrument in good faith for value, before its maturity, \nand without knowledge ofits dishonor. \nindorsement, n. (16c) 1. The placing of a signature, \nsometimes with an additional notation, on the back \nof a negotiable instrument to transfer or guarantee \nthe instrument or to acknowledge payment. [Cases: \nBills and Notes 2. lhe signature or notation \nitself. -Also spelled endorsement. -indorse, vb. \n'The clever indorser can subscribe his or her name under \na variety of magic phrases. The Code specifies the legal \neffect of some of these phrases. Qualified indorsements \n('without recourse') limit the liability of the indorser if the \ninstrument is dishonored, Restrictive indorsements such \nas 'for deposit only,' 'pay any bank,' and the like set the \nterms for further negotiation of the instrument. Their main \npurpose is to prevent thieves and embezzlers from cashing \nchecks.\" 2 James J, White & Robert S. Summers, Uniform \nCommercial Code  16-7, at 92-93 (4th ed. 1995). \naccommodation indorsement. (1888) An indorsement \nto an instrument by a third party who acts as surety \nfor another party who remains primarily liable. See \nACCOMMODATION PAPER. [Cases: Bills and Notes \n236.] \nanomalous indorsement. See irregular indorsement. \nblank indorsement. An indorsement that names no \nspecific payee, thus making the instrument payable \nto the bearer and negotiable by delivery only. UCC \n 3-205(b). Also termed indorsement in blank; \ngeneral indorsement. [Cases: Bills and Notes \n288.] \ncollection indorsement. See restrictive indorsement. \nconditional indorsement. (1894) An indorsement that \nrestricts the instrument in some way, as by limiting \nhow the instrument can be paid or transferred; an \nindorsement giving possession of the instrument \nto the indorsee, but retaining title until the occur\nrence of some condition named in the indorsement. \n Wordings that indicate this type ofindorsement are \n\"Pay to Brad Jones when he becomes 18 years ofage\" \nand \"Pay to Brigitte Turner, or order, unless before \npayment I give you notice to the contrary.\" Also \ntermed restricted indorsement; restrictive indorse\nment. Cf. special indorsement. [Cases: Bills and Notes \nC;=> 190, 199, 290.J \nfull indorsement. 1. See irregular indorsement. 2. See \nspecial indorsement. \ngeneral indorsement. See blank indorsement. \nindorsement in blank. See blank indorsement. \nindorsement in full. See special indorsement. \nindorsement without recourse. See qualified indorse\nment. \nirregular indorsement. (1842) An indorsement by \na person who signs outside the chain of title and \nwho therefore is neither a holder nor a transferor \nof the instrument . An irregular indorser is gen\nerally treated as an accommodation party. Also \ntermed anomalous indorsement;full indorsement. See ACCOMMODATION PARTY. [Cases: Bills and Notes \n191,294.] \nqualified indorsement. (1806) An indorsement that \npasses title to the instrument but limits the indors\ner's liability to later holders if the instrument is \nlater dishonored . Typically, a qualified indorse\nment is made by writing \"without recourse\" or \"sans \nrecourse\" over the signature. VCC  3-415(b). Also \ntermed indorsement without recourse. See WITHOUT \nRECOURSE. Bills and Notes \nrestricted indorsement. See conditional indorsement. \nrestrictive indorsement. (18c) An indorsement that \nincludes a condition (e.g., \"pay Josefina Cardoza only \nif she has worked 8 full hours on April 13\") or any \nother language restricting further negotiation (e.g., \n\"for deposit only\"). Also termed collection indorse\nment. See conditional indorsement. [Cases: Bills and \nNotes C;=> 190, 199, 290.J \nspecial indorsement. (18c) An indorsement that speci\nfies the person to receive payment or to whom the \ngoods named by the document must be delivered. \nUCC  3-205(a). Also termed indorsement in full; \nfull indorsement. C. cDrlditional indorsement. [Cases: \nBills and Notes 289.] \ntrust indorsement. (1945) An indorsement stating that \nthe payee becomes a trustee for a third person (e.g., \n\"pay Erin Ray in trust for Kaitlin Ray\"); a restrictive \nindorsement that limits the instrument to the use of \nthe indorser or another person. \nunauthorized indorsement. (1840) An indorsement \nmade without authority, such as a forged indorse\nment. [Cases: Bills and Notes C;=>239, 279.] \nunqualified indorsement. (1839) An indorsement that \ndoes not limit the indorser's liability on the paper. \nIt does not, for example, include the phrase \"without \nrecourse.\" [Cases: Bills and Notes C;=>281, 287, 293.] \nunrestrictive indorsement. (1844) An indorsement that \nincludes no condition or language restricting negotia\ntion. -Also termed unrestricted indorsement. [Cases: \nBills and Notes (;=)190. 199, 290.] \nindorser. (18c) A person who transfers a negotiable \ninstrument by indorsement; speci., one who signs a \nnegotiable instrument other than as maker, drawer, or \nacceptor. -Also spelled endorser. \naccommodation indorser. (1820) An indorser who acts \nas surety for another person. \nin dote aestimata (in doh-tee es-ti-may-t;}). [Latin] \nRoman & civil law. When the dowry was valued . \nWhen the dowry had been valued, the husband owed \na sum of money representing the value and could \ndispose ofthe specific items ofwhich the dowry was \ncomposed. \nin dubio (in d[y]oo-bee-oh), adv. & adj. [Latin] In \ndoubt. \ninduced abortion. See ABORTION. \n\ninducement, n. (15c) l. The act or process ofenticing or \npersuading another person to take a certain course of \naction. Seefraud in the inducement under PRAUD. \nactive inducement. The act of intentionally causing a \nthird party to infringe a valid patent. -Active induce\nment requires proof of(1) an actual intent to cause the \npatent infringement and (2) knowledge ofthe patent. \n[Cases: Patents c;::::,259 (1).] \n2. Contracts. The benefit or advantage that causes a \npromisor to enter into a contract. 3. Criminal law. An \nenticement or urging of another person to commit \na crime. 4. The preliminary statement in a pleading; \nesp., in an action for defamation, the plaintiff's allega\ntion that extrinsic facts gave a defamatory meaning to \na statement that is not defamatory on its face, or, in a \ncriminal indictment, a statement ofpreliminary facts \nnecessary to show the criminal character ofthe alleged \noffense. Cf. INNUENDO (2); COLLOQUIUM. [Cases: Libel \nand Slander c;::::,81.] -induce, vb. \ninducement ofbreach ofcontract. See TORTIOUS INTER\nFERENCE WITH CONTRACTUAL RELATIONS. \ninduciae legales (in-d[y]oo-shee-ee l~-gay-leez). [Latin] \nCivil & Scots law. The days allowed after summons for \na defendant to appear in court. \ninducing infringement. See infringement in the induce\nment under INFRINGEMENT. \ninduct, vb. (14c) 1. To put into possession of(something, \nsuch as an office or benefice). 2. To admit as a member. \n3. To enroll (a person) for military service. [Cases: \nArmed Services c;::::,20.10(2).] \ninductio (in-d3k-shee-oh), n. [Latin] Roman law. The \nact oferasing a writing or part ofit, as when a testator \nstruck a legacy from a will. PI. inductiones (in-d~k\nshee-oh-neez). \ninduction. (14c) 1. The act or process of initiating <the \ninduction of three new members into the legal frater\nnity>. 2. The act or process of reasoning from specific \ninstances to general propositions <after looking at \nseveral examples, the group reasoned by induction that \nit is a very poor practice to begin a new paragraph by \nabruptly bringing up a new case>. Cf. DEDUCTION (4). \nindult (in-d.dt). Eccles. law. A dispensation granted by \nthe Pope to do or obtain something contrary to canon \nlaw. -Historically, induits were often used for politi\ncal ends. An indult granted to a sovereign empowered \nthe recipient to present an ecclesiastical benefice, usu. \nwithout papal interference. Less exalted bodies, such \nas the parliament ofParis and the college ofcardinals, \nwere sometimes granted similar privileges. -Also \ntermed indulto. \nindulto (in-d;}l-toh). [Spanish] 1. A pardon or amnesty. \n2. Hist. A duty paid on imported goods to the Spanish \nor Portuguese Crown. \nin duplo (in d[y]oo-ploh), adv. & adj. [Law Latin] Hist. \nIn double. -This term appeared in phrases such as \ndamna in duplo (\"double damages\"). -Also termed \n(in Roman law) in duplum. in duriorem sortem (in d[y]uur-ee-or-am sor-t~m). \n[Latin] Civil law. To the debt that it was the debtor's \ninterest to have first discharged. _ The phrase appeared \nin reference to a debt that bound the debtor most \nquickly or to which a penalty was imposed. \nindustrial design. Patents. The shape, configuration, \npattern, or ornament applied to a finished article of \nmanufacture, often to distinguish the product's appear\nance. _ A design patent may be issued to protect the \nproduct's characteristic appearance. [Cases: Patents \nc;::::,15.] \nindustrial-development bond. See BOND (3). \nindustrial disease. See OCCUPATIONAL DISEASE. \nindustrial espionage. See ESPIONAGE. \nIndustrial Espionage Act. See ECONOMIC ESPIONAGE \nACT. \nindustrial goods. See capital goods under GOODS. \nindustrial insurance. See industrial life insurance under \nLIFE INSURANCE. \nindustrial law. See LABOR LAW. \nindustrial life insurance. See LIFE INSURANCE. \nindustrial property. Intellectual property. Patented \ngoods, industrial deSigns, trademarks, and copyrights \nthat a business owns and may exclude others from \nusing. Employed in the Paris Convention, the term \nwas not defined, but the treaty states that it is to be \nconstrued broadly. \nindustrial relations. All dealings and relationships \nbetween an employer and its employees, including \ncollective bargaining about issues such as safety and \nbenefits. \nindustrial-revenue bond. See industrial-development \nbond under BOND (3). \nindustrial union. See UNION. \nindustry. (15c) 1. Diligence in the performance ofa task. \n2. Systematic labor for some useful purpose; esp., work \nin manufacturing or production. 3. A particular form \nor branch of productive labor; an aggregate of enter\nprises employing similar production and marketing \nfacilities to produce items having markedly similar \ncharacteristics. \nindustry-wide liability. See enterprise liability (1) under \nLIABILITY. \nindutiae (in-d[y]oo-shee-ee), n. [Latin]!. Roman & int'l \nlaw. A truce or cessation ofhostilities; an armistice. 2. \nRoman & civil law. A delay allowed for performing an \nobligation or other legal business. 3. Maritime law. A \nperiod of 20 days in which a bottomry-bond debtor \nmay unload the ship's cargo and pay the bond. -Also \nspelled induciae. \nin eadem causa (in ee-ay-dam kaw-za), adv. [Latin] Hist. \nIn the same cause; in the same state or condition. \ninebriate (in-ee-bree-~t), n. (18c) Archaic. An intoxicated \nperson; esp., a habitual drunkard. [Cases: Chemical \nDependents C=> 1.] \n\ninebriated 846 \ninebriated (in-ee-bree-ay-tid), adj. (15c) Drunk; intoxi\ncated. \nineffective assistance of counsel. See ASSISTANCE OF \nCOUNSEL. \nineffective revocation. See DEPENDENT RELATIVE REVO\nCATION. \nIneligibility Clause. The clause ofthe U.S. Constitution \nthat prohibits a member ofCongress from accepting an \nappointment to an executive office that was created, or \nthe compensation for which was increased, during the \nmember's service in Congress. D.S. Const. art. I,  6. \nOfficers and Publk Employees \nineligible, adj. (18c) (Of a person) legally disqualified to \nserve in office. [Cases: Officers and Publk Employees \nineligibility, n. \nin emulationem vicini (in em-Y<l-lay-shee-oh-nam Vi-S1\nm), adj. [Latin \"in envy or hatred ofa neighbor\"] Hist. \n(Of a cause ofaction) brought for an act done solely to \nhurt or distress another, such as raising a high fence. \nin eodem negotio (in ee-oh-dam ni-goh-shee-oh). [Latin] \nHist. Arising out ofthe same transaction. \ninequitable (in-"}
{"text": "oh-shee-oh). [Latin] \nHist. Arising out ofthe same transaction. \ninequitable (in-ek-wi-ta-bal), adj. (17c) Not fair; opposed \nto principles of equity <an inequitable ruling>. \ninequitable conduct. See defense ofinequitable conduct \nunder DEFENSE (1). \nin equity. (15c) In a chancery court rather than a court of \nlaw; before a court exercising equitable jurisdiction. \ninequity (in-ek-wi-tee), n. (16c) 1. Unfairness; a lack of \nequity. 2. An instance ofinjustice. \ninescapable peril. See PERIL. \nin esse (in es-ee also es-ay). [Latin \"in being\"] (16c) In \nactual existence; IN BEING <the court was concerned \nonly with the rights of the children in esse>. Cf. IN \nPOSSE. \nin essentialibus (in e-sen-shee-al-a-b<ls). [Law Latin] \nScots law. In the essential parts. An error in an essen\ntial term of an instrument (such as a deed) was usu. \nfatal. \ninessential mistake. See unessential mistake under \nMISTAKE. \nin est de jure (in est dee joor-ee). [Latin] It is implied as \nof right or by law. \nin evidence. Having been admitted into evidence <the \nphotograph was already in evidence when the defense \nfirst raised an objection to it>. \ninevitability doctrine. See INEVITABLE-DISCLOSURE \nDOCTRINE. \ninevitable accident. See unavoidable accident under \nACCIDENT. \ninevitable-accident doctrine. See UNAVOIDABLE-ACCI\nDENT DOCTRINE. \ninevitable-disclosure doctrine. Trade secrets. The legal \ntheory that a key employee, once hired by a competitor, \ncannot avoid misappropriating the former employer's trade secrets . To justify an injunction, the plaintiff \nmust prove that the former employee has confidential \ninformation and will not be able to avoid using that \nknowledge to unfairly compete against the plaintiff. \nMost courts have rejected this controversial doctrine on \ngrounds that it effectively turns a nondisclosure agree\nment into a disfavored noncompetition agreement. The \nleading case upholding the doctrine is PepsiCo, Inc. v. \nRedmond, 54 F,3d 1262 (7th Cir. 1995), where the court \nquipped: \"PepsiCo finds itselfin the position ofa coach, \none ofwhose players has left, playbook in hand, to join \nthe opposing team before the big game.\" Also termed \ninevitable disclosure rule; inevitability doctrine; inevi\ntable misappropriation doctrine. [Cases: Antitrust and \nTrade Regulation ~414.] \ninevitable-discovery rule. (1873) Criminal procedure. \nThe rule providing as an exception to the fruit -of-the\npoisonous-tree doctrine -that evidence obtained by \nillegal means may nonetheless be admissible ifthe pros\necution can show that the evidence would eventually \nhave been legally obtained anyway. See FRUIT-OF-THE\nPOISONOUS-TREE DOCTRINE. Cf. INDEPENDENT-SOURCE \nRULE. [Cases: Criminal Law C=:>394.l(3).] \ninevitable-misappropriation doctrine. See INEVITABLE\nDISCLOSURE DOCTRINE. \neks-kam-bee-oh), adv. [Law Latin] \n1;\"\"\"\"\"14<:. This phrase appeared in deeds of \ninexcusable neglect. See NEGLECT. \nin executione rei judicatae (in ek-si-kyoo-shee-oh-nee \nree-I joo-di-kay-tee). [Latin] Hist. In execution of a \njudgment right already judicially determined. \nin exitu (in ekS-;l-t[y]Oo or eg-za-t[y]oo), adv. & adj. \n[Law Latin] Hist. In issue. These words sometimes \nappeared in phrases such as de materia in exitu Cof \nthe matter in issue\"). \nin extenso {in ek-sten-soh}. [Latin] In full; unabridged \n<set forth in extenso>. \nin extremis (in ek-stree-mis). [Latin \"in extremity\"] \n(16c) 1. In extreme circumstances. 2. Near the point of \ndeath; on one's deathbed . Unlike in articulo mortis, \nthe phrase in extremis does not always mean at the \npoint ofdeath. Cf. IN ARTICULO MORTIS. \nin facie curiae (in fay-shee-ee kyoor-ee-ee), adv. & \nadj. [Law Latin \"in the face of the court\"] Hist. In the \npresence ofthe court. \nin facie ecclesiae (in fay-shee-ee e-klee-z[hlee-ee), adv. \n& adj. [Law Latin \"in the face of the church\"] Hist. In \nthe presence of the church . A marriage solemnized \nin a parish church or public chapel was said to be in \nfacie ecclesiae. \nin faciendo (in fay-shee-en-doh), adv. & ad). [Law Latin \n\"in doing\"] Hist. In the performance of an act; in \nfeasance. lhe phrase appeared in reference to an obli\ngation to perform an act. Cf. IN FACTO PRAESTANDO. \nin fact. (18c) Actual or real; resulting from the acts of \nparties rather than by operation oflaw. Cf. IN LAW. \n\n847 inference \nin facto (in fak-toh), adv. [Latin] Hist. In fact; in deed. \nin facto praestando (in fak-toh pree-stan-doh). \n[Latin] Hist. In the performance of some act. Cf. IN \nFACIENDO. \nin facto proprio (in fak-toh proh-pree-oh). [Latin] Hist. \nConcerning one's own act. \ninfamia (in-fay-mee-~), n. [Latin] Roman law. 1. Bad \nreputation; ill-fame. 2. Loss ofhonor as a citizen. \ninfamia facti (in-fay-mee-~ fak-tI). Infamy in fact, \nthough not yet judicially proved. \ninfamia juris (in-fay-mee-<:l joor-is). Infamy estab\nlished by judicial verdict. \ninfamis (in-fay-mis), adj. [Latin] Roman law. (Of a person \nor action) of ill-repute. - A person was automatically \ninfamis if held liable for certain torts or breaches of \nfiduciary duty. This type ofcondemnation carried with \nit certain disabilities, such as disqualification from \noffice or ineligibility to witness a formal transaction. \ninfamous (in-f<:l-m<:ls), adj. (14c) 1. (Ofa person) having \na bad reputation. 2. (Of a person) deprived ofsome or \nall rights of citizenship after conviction for a serious \ncrime. -Historically, a person convicted ofalmost any \ncrime became infamous. 3. (Of conduct) that is punish\nable by imprisonment. \ninfamous crime. See CRIME. \ninfamous punishment. See PUNISHMENT. \ninfamy (in-f~-mee), n. (18c) 1. Disgraceful repute. 2. The \nloss of reputation or position resulting from a person's \nbeing convicted of an infamous crime. See infamous \ncrime under CRIME. \ninfancy. (14c) 1. MINORITY (1). 2. Early childhood. \nnatural infancy. At common law, the period ending at \nage seven, during which a child was presumed to be \nwithout criminal capacity. \n3. The beginning stages of anything. \ninfangthief (in-fang-theef). [fro Old English in \"in\" + \nfangen \"taken\" + theof\"thief\"] Hist. A privilege held \nby a lord ofa manor to try, and deal summarily with, a \nthief captured on the lord's land, esp. a thief captured \nwith plunder. -Also spelled infangthef Cf. OUT\nFANGTHIEF. \ninfans (in-fanz), n. [Latin) Roman law. A child under \nseven years old. _ On turning seven years old, an \ninfans became known as an impubes. An infans had \nno capacity in the law. Cf. IMPUBES. \ninfant, n. (l4c) 1. A newborn baby. 2. MINOR (1). \n\"An infant in the eyes of the law is a person under the age \nof twentyone years, and at that period (which is the same \nin the French and generally in the American law) he or she \nis said to attain majority; and for his torts and crimes an \ninfant may be liable; but for his contracts, as a general rule, \nhe is not liable, unless the contract is for necessaries.\" John \nIndermaur, Principles ofthe Common Law 195 (Edmund H. \nBennett ed., 1st Am. ed. 1878). \n\"[Ilnfant the one technical word that we have as a \ncontrast for the person of full age stands equally well \nfor the new-born babe and the youth who is in his twenty-first year.\" 2 Frederick Pollock & Frederic William Maitland, \nHistory ofEnglish Law Before the Time ofEdward 1439 (2d \ned.1899). \n\"The common-law rule provided that a person was an infant \nuntil he reached the age of twenty one. The rule continues \nat the present time, though by statute in somejurisdictions \nthe age may be lower.\" John Edward Murray Jr.. Murray on \nContracts  12, at 18 (2d ed. 1974). \ninfantia (in-fan-shee-~), n. [Latin] Roman law. The \nperiod ofa person's life from birth to seven years; early \nchildhood. \ninfantiae proximus (in-fan-shee-ee prok-si-m~s). [Latin] \nRoman law. Next to infancy. - A child was infantiae \nproximus when slightly over seven years ofage. \ninfanticide (in-fant-~-sId). (17c) 1. The act of killing \na newborn child, esp. by the parents or with their \nconsent. _ In archaic usage, the word referred also to \nthe killing of an unborn child. -Also termed child \ndestruction; neonaticide. Cf. FETICIDE; FILIClDE (2). 2. \nThe practice of killing newborn children. 3. One who \nkills a newborn child. Also termed child-slaying. Cf. \nPROLICIDE. infanticidal, ad}. \ninfavorem libertatis (in f~-vor-~m lib-~r-tay-tis). [Law \nLatin] In favor ofliberty. \nin favorem vitae (in f~-vor-~m VI-tee), adv. [Law Latin] \nIn favor of life. \ninfect, vb. (I4c) 1. To contaminate <the virus infected the \nentire network>. 2. To taint with crime <one part ofthe \ncity has long been infected with illegal drug-dealing>. \n3. To make (a ship or cargo) liable in the seizure ofcon\ntraband, which is only a part ofits cargo <claiming that \nthe Single package of marijuana had infected the ship, \nthe Coast Guard seized the entire vessel>. -infection, \nn. -infections, adj. \ninfection, doctrine of. Int'llaw. The principle that any \ngoods belonging to an owner ofcontraband and carried \non the same ship as the contraband may be seized or \notherwise treated in the same manner as the contra\nband itself. \ninfeft, p.pl. Scots law. Enfeoffed. See ENFEOFF. \ninfeftment. Scots law. ENFEOFFMENT (1). \nin feodo simpliciter (in fee-d-doh or fyoo-doh sim-plis\ni-tdr). [Law Latin] In fee simple. See FEE SIMPLE. \ninfeotf, vb. See ENFEOFF. \ninfeotfment. See ENFEOFFMENT. \ninfer, vb. (16c) To conclude from facts or from factual \nreasoning; to draw as a conclusion or inference. Cf. \nIMPLY (1). \ninference (in-f<:lr-~nts), n. (16c) 1. A conclusion reached \nby considering other facts and deducing a logical con\nsequence from them. [Cases: Criminal Law (~305, \n559; Evidence 595.] \nadverse inference. A detrimental conclusion drawn \nby the fact-finder from a party's failure to produce \nevidence that is within the party's controL -Some \ncourts allow the inference only if the party's failure \n\n848 inference-on-inference rule \nis attributable to bad faith. -Also termed adverse \npresumption. Cf. SPOLIATION (1). \n2. 1he process by which such a conclusion is reached; \nthe process of thought by which one moves from \nevidence to proof. infer, vb. inferential, adj. \ninferrer, n. \ninference-on-inference rule. (1940) The principle that \na presumption based on another presumption cannot \nserve as a basis for determining an ultimate fact. [Cases: \nCriminal Law (:::::0306; Evidence G'::>S4.] \ninference-stacking. The practice or an instance of piling \none or more inferences on each other to arrive at a legal \nconclusion. -Also termed pyramiding inferences. See \nINFERENCE-ON-INFERENCE RULE. [Cases: Criminal Law \n(:::::0306; Evidence \ninferential fact. See FACT. \ninferential pleading. See argumentative pleading under \nPLEADING (1). \ninferior court. See COURT. \ninferior judge. See JUDGE. \ninferior officer. See OFFICER (1). \ninferred authority. See ir!cidental authority under \nAUTHORITY (1). \ninfertile, adj. Unable to conceive or bear offspring; \nsterile. -infertility, n. \ninfeudate. See ENFEOFF. \ninfeudatio (in-fyoo-day-shee-oh). [Law Latin] Scots law. \nENFEOFFMENT. \ninfeudation (in-fyoo-day-sh;:m), n. Under the feudal \nsystem oflandholding, the process of giving a person \nlegal possession ofland; ENFEOFFMENT (1). Cf. SUBIN\nFEUDATION. -infeudate, vb. \n\"So thorough was the process"}
{"text": "FEOFFMENT (1). Cf. SUBIN\nFEUDATION. -infeudate, vb. \n\"So thorough was the process by which the land of England \nbecame subject to fixed obligations to the king the \nprocess generally referred to today as the infeudation \nof England -that by the time of the famous Domesday \nsurvey, a scant twenty years after Hastings, it was possible \nto assign to almost every rock and stone of English soil \nits precise duty to the Crown.\" Thomas F. Bergin & Paul G. \nHaskell, Preface to Estates in Land and Future Interests 3 \n(2d ed. 1984). \ninfibulation. See FEMALE GENITAL MUTILATION. \ninficiari. See INFITIARI. \ninficiatio. See INFlTIATIO. \ninfidel (in-f<l-d<ll). (ISc) 1. A person who does not believe \nin something specified, esp. a particular religion. 2. \nHist. A person who violates a feudal oath of fealty. \ninfidelis (in-fi-dee-lis or -del-is). [Latin] Hist. 1. INFIDEL \n(1). 2. INFIDEL (2). \ninfidelitas (in-fi-dee-l<l-tas or -del-<l-tas), tl. [Latin] Hist. \nInfidelity; faithlessness to one's feudal oath. \n\"Many of the smaller misdeeds were regarded as exhibi\ntions of an infidelitas, which, however, did not amount to \na felonia.\" 2 Frederick Pollock & Frederic W. Maitland, The \nHistorv ofEnglish Law Before the Time of Edward I 513-14 \n(2d ed. 1899). infidelity. (ISc) Unfaithfulness to an obligation; esp., \nmarital unfaithfulness. Cf. ADULTERY. \ninfiduciare (in-fi-d[yJoo-shee-air-ee), vb. [Law Latin] \nHist. To pledge property. \nin fieri (in fHI-fI), adj. [fro Latin in \"in\" + jieri \"to be \ndone\"] (Of a legal proceeding) that is pending or in the \ncourse ofbeing completed. \nin fine (in fI-nee or fm), adv. [Latin] 1. In short; in \nsummary. 2. At the end (of a book, chapter, section, \netc.). \ninfirmative, adj. Rare. (Of evidence) tending to weaken \nor invalidate a criminal accusation <an infirmative \nfact>. Cf. CRIMlNATlVE. \ninfirmative hypothesis. Criminal law. An approach to \na criminal case in which the defendant's innocence is \nassumed, and incriminating evidence is explained in a \nmanner consistent with that assumption. \ninfirmity (in-f<lr-m<l-tee), n. (14c) Physical weakness \ncaused by age or disease; esp., in insurance law, an \napplicant's ill health that is poor enough to deter an \ninsurance company from insuring the applicant. \ninfirm, adj. \ninfitiari (in-fish-ee-air-I), vb. [Latin \"to deny\"] Roman \nlaw. To deny a plaintiff's allegation; esp., to deny liabil\nity on a debt. -Also spelled injiciari. \ninfitiatio (in-fish-ee-ay-shee-oh), n. [Latin] Roman law. \nThe denial of a debt or liability; the denial of a plaintiff's \nallegation. -Also spelled injiciatio. PI. infitationes (in\nfish-ee-ay -shee-oh -neez). \nin flagrante delicto (in fl;}-gran-tee d;}-lik-toh). [Latin \n\"while the crime is ablaze\"] (I8c) In the very act of \ncommitting a crime or other wrong; red-handed <the \nsheriff caught them in flagrante delicto>. \ninflammatory (in-flam-<l-tor-ee), adj. (18c) Tending to \ncause strong feelings of anger, indignation, or other \ntype of upset; tending to stir the passions . Evidence \ncan be excluded if its inflammatory nature outWeighs \nits probative value. [Cases: Criminal Law (~='338(7); \nEvidence (;=\"~146.] \ninflation, n. (14c) A general increase in prices coinciding \nwith a fall in the real value ofmoney. Cf. DEFLATION. \ninflationary, adj. \ncost-push inflation. Inflation caused by a rise in pro\nduction costs. \ndemand-pull inflation. Inflation caused by an excess \nof demand over supply. \ninflation rate. The pace of change in the prices ofgoods \nand services in a particular period . The primary \nindexes for measuring the rate are the Consumer Price \nIndex and the Producer Price Index. \ninfliction of emotional distress. 1. See lNTENTIONAL \nINFLlCTlON OF EMOTIONAL DISTRESS. 2. See NEGLlGENT \nINFLICTION OF EMOTIONAL DISTRESS. \ninfluence district. See DISTRICT. \nin force, adj. In effect; operative; binding. \n\nin-force patent. See PATENT (3). \nin forma communi (in for-m;) b-myoo-m) See IN \nCOMMUNI FORMA. \ninforma delicti (in for-m;) di-lik-tI). [Latin]lIist. In the \nform ofa delict. \ninformal, adj. (16c) Not done or performed in accor\ndance with normal forms or procedures <an informal \nproceeding>. \ninformal acknowledgment. See ACKNOWLEDGMENT. \ninformal agency action. Administrative-agency activity \nother than adjudication or rulemaking, such as inves\ntigation, publicity, or supervision. Cf. RULEMAKING. \n[Cases: Administrative Law and Procedure ~30l, \n341.] \ninformal application. See PATENT APPLICATION. \ninformal consideration. See CONSIDERATION (2). \ninformal contract. See CONTRACT. \ninformal disposition. See DISPOSITION (2). \ninformal dividend. See DIVIDEND. \ninformal drawing. See DRAWING. \ninformal immunity. See pocket immunity under \nIMMUNITY (3). \ninformal issue. See ISSUE (1). \ninformal marriage. See common-law marriage under \nMARRIAGE (1). \ninformal probate. See PROBATE. \ninformal proceeding. See PROCEEDING. \ninformal proof ofclaim. See PROOF OF CLAIM. \ninformal rulemaking. See RULEMAKING. \ninformant. (17c) One who informs against another; \nesp., one who confidentially supplies information to \nthe police about a crime, sometimes in exchange for a \nreward or special treatment. -Also termed informer; \nfeigned accomplice. \ncitizen-informant. A witness who, without expecting \npayment and with the public good in mind, comes \nforward and volunteers information to the police or \nother authorities. \ninformant's privilege. See PRIVILEGE (3). \nin forma pauperis (in for-m<l paw-p<l-ris), adv. [Latin \n\"in the manner ofa pauper\"] (16c) In the manner ofan \nindigent who is permitted to disregard filing fees and \ncourt costs <when suing, a poor person is generally \nentitled to proceed informa pauperis>. See 28 USC A  \n1915; Fed. R. App. P. 24. For instance, in many juris\ndictions, an indigent divorce petitioner's filing fees and \ncourt costs are waived. Abbr. IFP. [Cases: Costs \n128; Federal Civil Procedure (..-::>2734.] \ninforma pauperis affidavit. See poverty affidavit under \nAFFIDAVIT. \nin forma specifica (in for-m;) spi-sif-i-k<l). [Latin] Hist. \nIn the specified form. information. (15c) A formal criminal charge made by a \nprosecutor without a grand-jury indictment. See Fed. \nR. Crim. P. 7. The information is used to prosecute \nmisdemeanors in most states, and about halfthe states \nallow its use in felony prosecutions as well. -Also \ntermed bill ofinformation. Cf. INDICTMENT. [Cases: \nIndictment and Information \nduplicitous information. An information that charges \ntwo or more offenses as one count. \nsubstitute information in lieu ofindictment. An infor\nmation that the prosecutor files to take the place of \na preViously returned indictment, usu. because the \nindictment is defective or because the prosecutor has \nadded, altered, or deleted facts and allegations. [Cases: \nIndictment and Information \ninformatioual member. See nonvoting member under \nMEMBER. \ninformational picketing. See PICKETING. \ninformational privacy. See PRIVACY. \ninformational report. See REPORT (1). \nInformation Analysis and Infrastructure Protection \nDirectorate. 1he division of the U.S. Department of \nHomeland Security responsible for analyzing intel\nligence information gathered from the Central Intel\nligence Agency, the Defense Intelligence Agency, the \nFederal Bureau ofInvestigation, the National Security \nAdministration, and other sources, and for issuing \nwarnings about threats ofterrorist attack.  The unit is \nalso charged with evaluating weaknesses in the nation's \ninfrastructure and recommending ways to reduce vul\nnerability to attacks. Abbr. IAIP. \ninformation and belief, on. (1827) (Of an allegation or \nassertion) based on secondhand information that the \ndeclarant believes to be true. For the historical pre\ncursor to this phrase, see INSINUATIO. [Cases: Federal \nCivil Procedure Indictment and Information \n~52(4); Pleading~68.] \ninformation-disclosure statement. Patents. A document \nsubmitted in the patent-application process in which \nthe inventor reveals all known relevant prior art during \nthe patentability search . The statement must disclose \nall known patents, publications, and other references \nof prior art. The U.S. Patent and Trademark Office \nprovides a form, \"Information Disclosure Citation,\" for \nthis purpose. Abbr. IDS. -Also termed statement of \nprior-art references. (Cases: Patents \ninformation in equity. An equitable action brought by a \nsovereign or a governmental unit to preserve or protect \nthe public interest through a public remedy . When \nthe action is to abate a nuisance that affects public \nproperty, it is an equitable action for purpresture. See \nPURPRESTURE. Cf. INFORMATION OF INTRUSION. \ninformation letter. A written statement issued by the \nDepartment of Labor -in particular, by the Pension \nand Welfare Benefits Administration that calls \nattention to a well-established interpretation or prin\n\n850 information of intrusion \nciple ofERISA, without applying it to a specific factual \nsituation. \ninformation of intrusion. Hist. A proceeding for \ntrespass upon real property owned or held by a sover\neign, such as a state or federal government . This was \na common-law remedy for purpresture. See PURPRES\nTURE. Cf. INFORMATION IN EQUITY. \n\"In England it [an information of intrusion] is filed by the \nking's attorney general for any trespass committed upon \nthe lands of the crown. It is founded on no writ under seal, \nbut merely on intimation of the king's officer who 'gives \nthe court to understand and be informed' of the matter \nin question. 3 BI. Com. 261; Cro.Jac. 212. In America in \nMassachusetts and Virginia -the remedy is resorted to \nin case of an intrusion on escheated lands. Com. v. Andre. \n20 Mass. (3 Pick.) 224; Com. v. Hite, 6 leigh (Va.) 588. Mas\nsachusetts Gen. St. 141 authorizes information of intrusion \nto be filed by the district attorney in case of any intrusion \nupon lands held by the State in this county for the benefit \nor use of any tribe of Indians or any individual thereof. or \nany descendants of them.\" 10 The American and English \nEncyciopedia of Law 711 n.l Uohn Houston Merrill et al. \neds., 1889) (s.v. information of intrusion). \n\"An information of intrusion, it may be added, was in the \nnature of an action for trespass quare clausum fregit.\" R.E. \nMegarry, A New Miscellany-ot-Law 141 (2005). \ninformation return. See TAX RETURN. \nInformation Society Directive. Copyright. An initia\ntive of the European Commission implementing the \nstandards set by the WIPO Copyright Treaty, setting \nreproduction rights and establishing a \"making-avail\nable\" right. \ninformative advertising. See ADVERTISING. \ninformed consent. See CONSENT (1). \ninformed intermediary. See INTERMEDIARY. \ninformer. (14c) 1. INFORMANT. 2. A private citizen who \nbrings a penal action to recover a penalty . Under \nsome statutes. a private citizen is required to sue the \noffender for a penalty before any criminal liability can \nattach. Also termed common informer. See COMMON \nINFORMER. [Cases: Penalties (~:::J24.] \ninformer's privilege. See informant's privilege under \nPRIVILEGE (3), \ninforo (in for-oh), adv. [Latin] In a forum, court, or \ntribunal; in the forum. \nin foro conscientiae (in for-oh kon-shee-en-shee-ee), \nadv. [Latin \"in the forum ofconscience\"] Privately or \nmorally rather than legally <this moral problem cannot \nbe dealt with by this court, but only in foro conscien\ntiae>. \nin foro contentioso (in for-oh k;}n-ten-shee-oh-soh), adv. \n[Latin] Hist. In the forum of contention or litigation; \nin a contested action. -Also termed in foro contra\ndictorio. \n\"A decree is said to be granted in foro contentioso where \nthe action in which it is pronounced has been litigated, in foro ecclesiastico (in for-oh e-klee-z[h]ee-as-ti-koh), \nadv. [Law Latin] In an ecclesiastical court. \ninforo externo (in for-oh ek-slar-noh), adv. [Lat"}
{"text": "In an ecclesiastical court. \ninforo externo (in for-oh ek-slar-noh), adv. [Latin \"in an \nexternal forum\"] Eccles. law, In a court that is handling \na case pertaining to or affecting the corporate life ofthe \nchurch. See FORUM EXTERNUM. \nin foro humano (in for-oh hyoo-may-noh), adv. In a \nhuman as opposed to a spiritual forum. \n\"[TJhis may be murder or manslaughter in the sight of God, \nyet in foro humano it cannot come under the judgment of \nfelony ... :. 1 Hale p,c. 429. \ninforo interno (in for-oh in-tar-noh), adv. [Latin \"in an \ninternal forum\"] Eccles. law. In a court ofconscience; \nin a court for matters of conscience or the confessional. \nSee FORUM INTERNUM. \nin foro saeculari (in for-oh sek-y;dair- I), adv, [Law \nLatin] In a secular court, \ninfra (in-fr;}), adv. & adj. [Latin \"below\"] (I8c) Later in \nthis text . Infra is used as a citational signal to refer \nto a later-cited authority. In medieval Latin, infra also \nacquired the sense \"within.\" Cf. INTRA; SUPRA. \ninfra aetatem (in-frd ee-tay-tdm), adj. [Latin] \nUnderage. -Also spelled infra etatem. \ninfra annos nubiles (in-fra an-ohs n[y]oo-b;}-leez), adj. \n[Law Latin] Hist. Under marriageable years; i.e., not \nold enough to wed. \ninfra annum (in-fr;} an-am), adv. [Law Latin] Under a \nyear; within a year. \ninfra annum luctus (in-fr;} an-;}m lak-tds), adt'o [Latin] \nHist. Within the year of mourning, -This referred to \nthe one-year period of mourning during which a widow \nwas prohibited from remarrying, \ninfra civitatem (in-fra siv-i-tay-tam), adv. [Law Latin] \nWithin the state. \ninfra corpus comitatus (in-fr;} kor-pds kom-;}-tay\nt;}s), adv. & adj. [Law Latin] Hist. Within the body of \na county . In English law, this phrase referred to a \nbody of water that was completely enclosed by land, \nand therefore exempt from admiralty jurisdiction, See \nCORPUS COMITATUS. \ninfraction, n. (17c) A violation, usu. of a rule or local \nordinance and usu. not punishable by incarceration. \nSee VIOLATION (1). infract, vb. \ncivil infraction. An act or omission that, though not \na crime, is prohibited by law and is punishable. In \nsome states, many traffic violations are classified as \ncivil infractions, \ninfra dignitatem curiae (in-fr;} dig-ni-tay-tam kyoor-ee\nee), adj. [Law Latin \"beneath the dignity ofthe court\"] \n(Of a case) too trifling in amount or character to be \nentertained by a court. \ninfra furorem (in-fr;} fya-ror-dm), adv. [Law Latin] \nand parties fully heard on the merits of the case. But it is During madness; while in a state ofinsanity. \nnot necessary that parties should be fully heard to make \nthe decree pronounced in the case a decree in foro.\" John infra hospitium (in-frd hah-spish-ee-am). [Law Latin \nTrayner, Trayner's Latin Maxims 261 (4th ed, 1894). \"within the inn\"] The doctrine that an innkeeper is \n\n851 infringement \nliable for goods deposited by a guest. [Cases: Innkeep\ners(>l1.] \ninfra jurisdictionem (in-fr;) joor-is-dik-shee-oh-n;!m), \nadv. & adj. [Law LatinJ Within the jurisdiction. \ninfra praesidia (in-fr;! pr;!-sid-ee-;!). [Latin \"within \nthe defenses\"] Rist. The international-law doctrine \nthat someone who captures goods will be considered \nthe owner ofthe goods if they are brought completely \nwithin the captor's power . This term is a corruption of \nthe Roman-law term intra praesidia, which referred to \ngoods or persons taken by an enemy during war. Under \nthe principle ofpostliminium, the captured person's \nrights or goods were restored to prewar status when the \ncaptured person returned. See POSTLIMINIUM. \n\"In war, when those who are our enemies have captured \nsomeone on our side and have taken him into their own \nlines [intra praesidia]; for if during the same war he returns \nhe has postliminium, that is, all his rights are restored to \nhim just as if he had not been captured by the enemy.\" \nDigest ofJustinian 49.15.5.1 (Pomponius, Quintus Mucius \n37). \ninfrastructure. The underlying framework ofa system; \nesp., public services and facilities (such as highways, \nschools, bridges, sewers, and water systems) needed to \nsupport commerce as well as economic and residential \ndevelopment. \nin fraudem creditorum (in fraw-d<lm kre-di-tor-;!m), \nadv. [Latin] In fraud ofcreditors. \nin fraudem legis (in fraw-d;!m lee-jis), adv. [Latin] In \nfraud of the law . With an intent to evade the law. \ninfringement, n. (1861) Intellectual property. An act that \ninterferes with one of the exclusive rights of a patent, \ncopyright, or trademark owner. See INTELLECTUAL \nPROPERTY. Cf. PLAGIARISM. infringe, vb. \ncontributory infringement.!. The act of participating \nin, or contributing to, the infringing acts of another \nperson. The law imposes vicarious liability for con\ntributory infringement. 2. Patents. The act of aiding \nor abetting another person's patent infringement by \nknowingly selling a nonstaple item that has no sub\nstantial noninfringing use and is esp. adapted for \nuse in a patented combination or process. In the \npatent context, contributory infringement is statu\ntorily defined in the Patent Act. 35 USCA  271(c). \n[Cases: Patents C-'::)259.J 3. Copyright. The act of \neither (1) actively inducing, causing, or materially \ncontributing to the infringing conduct of another \nperson, or (2) providing the goods or means neces\nsary to help another person infringe (as by making \nfacilities available for an infringing performance) . \nIn the copyright context, contributory infringement \nis a common-law doctrine. 4. Trademarks. A manu\nfacturer's or distributor's conduct in knOWingly sup\nplying, for resale, goods bearing an infringing mark. \n[Cases: Trademarks (>1566.J \ncopyright infringement. The act of violating any \nof a copyright owner's exclusive rights granted by \nthe federal Copyright Act, 17 USCA  106,602. \nA copyright owner has several exclusive rights in copyrighted works, including the rights (1) to repro\nduce the work, (2) to prepare derivative works based \non the work, (3) to distribute copies of the work, \n(4) for certain kinds of works, to perform the work \npublicly, (5) for certain kinds ofworks, to display the \nwork publicly, (6) for sound recordings, to perform \nthe work publicly, and (7) to import into the United \nStates copies acquired elsewhere. [Cases: Copyrights \nand Intellectual Property (::;'53.] \ncriminal infringement. The statutory criminal offense \nofeither (1) willfully infringing a copyright to obtain \na commercial advantage or financial gain (17 USCA \n 506; 18 USCA  2319), or (2) trafficking in goods \nor services that bear a counterfeit mark (18 USCA  \n2320). Under the second category, the law imposes \ncriminal penalties if the counterfeit mark is (1) iden\ntical with, or substantially indistinguishable from, a \nmark registered on the Principal Register ofthe U.S. \nPatent and Trademark Office, and (2) likely to confuse \nor deceive the public. [Cases: Copyrights and Intellec\ntual Property (;:::c:>70; Trademarks (;::::::c 1786, 1787.1 \ndirect infringement. 1. Patents. The act of making, \nusing, selling, offering for sale, or importing into the \nUnited States, without the patentee's permission, a \nproduct that is covered by the claims ofa valid patent. \n35 USCA  271(a). [Cases: Patents (>226.]2. Trade\nmarks. The use of a mark in trade when that use causes \na likelihood of confusion about the source of goods \nor services already identified by a similar mark. 3. \nCopyright. The unauthorized copying, distributing, or \ndisplaying of -or the adapting of a derivative work \nfrom - a copyrighted work. Cf. contributory infringe\nment; infringement in the inducement. \ndomain-name infringement. Infringement of another's \ntrademark or servicemark by the use of a confUSingly \nsimilar Internet domain name. [Cases: Trademarks \n(>1116, 1435.] \ninfringement by sale. Patents. The unauthorized sale, \nresale, or offer of a possessory interest in a patented \ninvention. Also termed infringement through sale. \n[Cases: Patents (>226.J \ninfringement in the inducement. Patents. The act of \nactively and knOWingly aiding and abetting direct \ninfringement by another person . Although some\ntimes used in copyright and trademark law to mean \ncontributory infringement, the term is usu. reserved \nfor the patent context. -Also termed inducing \ninfringement. Cf. direct infringement. [Cases: Patents \n(;:~'259.J \ninnocent infringement. The act of Violating an intel\nlectual-property right without knowledge or aware\nness that the act constitutes infringement . An \ninnocent infringer may, in limited circumstances, \nescape liability for some or all ofthe damages. In the \ncopyright context, damages may be limited if (1) the \ninfringer was misled by the lack of a copyright notice \non an authorized copy of the copyrighted work, dis\ntributed under the owner's authority before March \n1989 (the effective date of the Berne Convention \n\n852 infringement by sale \nImplementation Act of 1988), and (2) the infring\ning act occurred before the infringer received actual \nnotice of the copyright. 17 USC A  405(b).ln the \ntrademark context, publishers and distributors of \npaid advertisements who innocently infringe a mark \nhave no liability for damages. 15 USCA  1114. In \nboth contexts, the innocent infringer is immunized \nonly from an award of monetary damages, not from \ninjunctive relief. Cf. willful infringement. [Cases: \nCopyrights and Intellectual Property C=>52.] \nliteral infringement. Patents. Infringement in which \nevery element and every limitation of a patent claim \nis present, exactly, in the accused product or process. \nCf. DOCTRINE OF EQUIVALENTS. lCases: Patents \n226.] \nnonliteral infringement. See DOCTRINE OF EQUIVA\nLENTS. \npatent infringement. The unauthorized making, using, \noffering to sell, selling, or importing into the United \nStates of any patented invention. 35 USCA  271{a). \n[Cases: Patents \n\"In determining whether an accused device or composi\ntion infringes a valid patent, resort must be had in the \nfirst instance to the words of the claim. If accused matter \nfalls clearly within the claim, infringement is made out and \nthat is the end of it.\" Craver Tank & Mfg. Co. v. Linde Air \nProds. Co., 339 U.S. 605, 607, 70 S.Ct. 854, 855 (1950) \nUackson, J.). \ntrademark infringement. The unauthorized use of a \ntrademark -or of a confusingly similar name, word, \nsymbol, or any combination ofthese -in connection \nwith the same or related goods or services and in a \nmanner that is likely to cause confusion, deception, \nor mistake about the source of the goods or services. \nSee LIKELIHOOD-OF-CONFUSION TEST. [Cases: Trade\nmarks C::> 1421.] \nvicarious infringement. A person's liability for an \ninfringing act of someone else, even though the \nperson has not directly committed an act ofinfringe\nment. For example, a concert theater can be vicari\nously liable for an infringing performance ofa hired \nband. [Cases: Patents C-:287(2).j \nwillful infringement. An intentional and deliber\nate infringement of another person's intellectual \nproperty. Cf. innocent infringement. [Cases: Patents \nC=>227.] \ninfringement by sale. See INFRINGEMENT. \ninfringement opinion. See OPINION (2). \ninfringement search. Patents. A patent search aimed \nat discovering whether a product or method infringes \nany in-force patent . An infringement search is usu. \nlimited to the political territory where the patent is to \nbe relied on. Also termed clear-ta-use search; free\ndam-to-operate search; PTO search. Cf. PATE:'oITABILITY \nSEARCH; VALIDITY SEARCH. \ninfringement test. Patents. A means of determining \nwhether a patent claim is dependent by asking if the \nclaim would always be infringed if the independent claim on which it rests were infringed . Since a depen\ndent claim must incorporate all the elements of the \nindependent claim, an infringement of the independent \nclaim must also be an infringement of the dependent \nclaim. [Cases"}
{"text": ", an infringement of the independent \nclaim must also be an infringement of the dependent \nclaim. [Cases: Patents C=> 165(5).] \ninfringement through sale. See infringement by sale \nunder INFRINGEMENT. \ninfringer. (l6c) A person who interferes with one of \nthe exclusive rights of a patent, copyright, or trade\nmark owner. See INFRINGEMENT. [Cases: Copyrights \nand Intellectual Property (;=)77; Patents C~::>287(1); \nTrademarks C=> 1564.] \nin fructu (in frak-t[y]oo). [Latin] Hist. Among the fruit. \n A bona fide possessor owned the fruits ofthe subject \npossessed but not the subject itself because the subject \nwas not infructu. For example, a person who possessed \nbut did not own a goat was entitled to the goat's milk, \nwool, and offspring, but not the goat's meat. \nin full. Constituting the whole or complete amount \n<payment in full>. \nin fullUfe. (Of a person) alive in fact and in law; neither \nnaturally nor civilly dead. \nin futuro (in fYd-tyoor-oh), adv. [Latin] In the future. \nCf. IN PRAESENTI. \nin generali passagio (in jen-..-ray-h pd-say-jee-oh), adv. \n[Law Latin] Hist. In the general passage (to the holy \nland with a company of Crusaders). This type ofpil\ngrimage excused an absence from court during the \nCrusades. Cf. SIMPLEX PASSAGIUM. \nin genere (in jen-dr-ee). [Latin \"in kind\"] Belonging to \nthe same class, but not identical. \ningenuitas (in-jd-n[y]oo-d-tas), n. [Latin] Roman law. \nThe condition or status of a free-born person. \ningenuitas regni (in-ja-n[y]oo- ..-tas reg-nIl. [Law Latin] \nHist. The freemen, yeomanry, or commonalty of the \nkingdom. This term was occasionally applied to the \nnobility. \ningenuus (in-jen-yoo- ..s), n. [Latin] Roman law. A free\nborn person . This term, denoting freeborn persons, \nwas commonly opposed to libertini (people born into \nslavery and later emancipated). Cf. LATINI IUNIANI; \nSERVUS. \nin globo (in gloh-boh), adv. [Latin \"in a mass\"] As an \nundivided whole rather than separately <settlement \npaid in globo to the three defendants>. \ningratitude, n. Civil law. Lack of appreciation for a \ngenerous or kind act, esp. for a gift received . Under \nLouisiana law, a gift may be reclaimed on grounds of \ningratitude if the recipient mistreats the giver by, for \nexample, attempting to murder the giver or refusing to \nprovide the giver with needed food. La. Civ. Code art. \n1560. [Cases: Gifts \ningratus (in-gray-tds), adj. [Latin] Roman law. (Of a \nperson) ungrateful; (of conduct) marked by ingratitude. \n Ungrateful acts or words (such as spiteful comments \n\n853 \nfrom a freedman toward a former master) could form \nthe basis for a return to a prior inferior status. \nin gremio juris (in gree-mee-oh joor-is), adv. & adj. [Law \nLatin] Civil & Scots law. In the bosom of the right . \nlhis phrase describes a clause formerly inserted in an \ninstrument to bind holders to its terms. \nin gremio legis (in gree-mee-oh lee-jis), adv. & adj. [Law \nLatin] In the bosom of the law . This is a figurative \nexpression for something that is under the protection \nof the law, such as a land title that is in abeyance. \ningress (in-gres). (l5c) l.lne act of entering. 2. The right \nor ability to enter; access. Cf. EGRESS. \ningress, egress, and regress. (17c) The right of a lessee to \nenter, leave, and reenter the land in question. \ningress us (in-gres-Js). [Latin \"ingress, entry\"] Hist. The \nfee paid by an heir to a feudal lord to enter the estate \nofa decedent. \nin gross. 1. Undivided; still in one large mass. -Also \ntermed en gros; en grosse. 2. (Of a servitude) personal as \ndistinguished from appurtenant to land. See easement \nin gross under EASEMENT. \ningross, vb. See ENGROSS. \ningrossator (in-groh-say-tJr). [Law Latin] Hist. An \nengrosser; a clerk who writes records or instruments \non parchment. The Engrosser of the Great Roll, for \nexample, was known as the lngrossator Magni Rotuli. \nSee CLERK OF THE PIPE. \ninhabit, vb. (l4c) To dwell in; to occupy permanently or \nhabitually as a residence. \nin hac parte (in hak pahr-tee). [Latin] On this part or \nside. \nin haec verba (in heek v<lr-hJ). [Latin] In these same \nwords; verbatim. \nin haereditate jacente (in hJ-red-i-tay-tee jJ-sen-tee). \n[Latin] Rist. In the estate ofa person deceased. \ninhaerere jurisdictioni (in-hi-reer-ee juur-is-dik-shee\noh-m). [Latin] Civil law. To be necessarily connected \nwith jurisdiction . The phrase typically referred to a \njudge's inherent powers, such as the power to inflict \npunishment or to enforce a judgment. \ninhere (in-heer), vb. (15c) To exist as a permanent, insep\narable, or essential attribute or quality ofa thing; to be \nintrinsic to something. \ninherency doctrine. Patents. The rule that anticipation \ncan be inferred despite a missing element in a prior-art \nreference if the missing element is either necessarily \npresent in or a natural result ofthe product or process \nand a person of ordinary skill in the art would know \nit. On one hand, the doctrine precludes patenting \nan existing invention by merely claiming an inherent \nelement. On the other hand, it allows the later patent\nability ofa substance, usu. a chemical compound, that \nwas inadvertently created but not recognized or appre\nciated. See INHERENT ANTICIPATION. [Cases: Patents \n(;:::>65.] inheritance \ninherent anticipation. Patents. An invention's lack of \nnovelty arising from the existence of prior-art products \nor processes that necessarily possess the same charac\nteristics. Inherency differs from obviousness in that \na lack of novelty must be based on fact, not mere pos\nsibility or probability. See DOCTRINE OF INHERENCY. \n[Cases: Patents (;:::>65.] \ninherent authority. See AUTHORITY (1). \ninherent condition. See CONDITION (2). \ninherent covenant. See COVENANT (1). \ninherent defect. See hidden defect under DEFECT. \ninherently dangerous. See DANGEROUS. \ninherently dangerous activity. An activity that can be \ncarried out only by the exercise of special skill and care \nand that involves a grave risk of serious harm if done \nunskillfully or carelessly. \ninherently dangerous work. See WORK (1). \ninhereut power. See POWER (3). \ninherent-powers doctrine. 'The principle that allows \ncourts to deal with diverse matters over which they \nare thought to have intrinsic authority, such as (1) \nprocedural rulemaking, (2) internal budgeting of \nthe courts, (3) regulating the practice oflaw; and (4) \ngeneral judicial housekeeping . The power is based on \ninterpretations ofart. I,  8, cl. 18 of the Constitution. \n[Cases: Courts C-~1.] \ninherent right. See inalienable right under RIGHT. \ninherit, vb. (l4c) 1. To receive (property) from an \nancestor under the laws of intestate succession upon \nthe ancestor's death. [Cases: Descent and Distribution \n2. To receive (property) as a bequest or devise. \ninheritable, adj. See HERITABLE. \ninheritable blood. See heritable blood under BLOOD. \ninheritable obligation. See heritable obligation under \nOBLIGATION. \ninheritable security. See heritable security under \nSECURITY. \ninheritance. (14c) L Property received from an ancestor \nunder the laws of intestacy. [Cases: Descent and Distri\nbution 1, 8.] 2. Property that a person receives by \nbequest or devise. \ndual inheritance. An adopted child's intestate inheri\ntance through both his adopted family and his natural \nparent. _ The problem of dual inheritance occurs only \nif a relative of the birth parent adopts the child. For \ninstance, if a child's mother dies and the maternal \ngrandparents adopt the grandchild, and if a grand\nparent then dies intestate, the child qualifies for two \nseparate shares -one as a child and the other as a \ngrandchild. In some jurisdictions, by statute, such a \nchild is allowed to inherit only the adopted child's \nshare. Under the Uniform Probate Code, the child \ntakes the larger of the two shares. [Cases: Adoption \n(;:::>21. \n\n854 inheritance tax \nseveral inheritance. An inheritance that descends to \ntwo persons severally, as by moieties. \nshifting inheritance. Under intestacy laws, an inheri\ntance that is transferred from an heir who was living \nwhen the intestate died to an afterborn heir who is \nmore closely related to the intestate. [Cases; Descent \nand Distribution \nuniversal inheritance. A system by which an intes\ntate's estate escheats to the state only if the decedent \nleaves no surviving relatives, no matter how distant. \n Universal inheritance has been almost universally \nabandoned in Anglo-American jurisdictions. See \nUNIVERSAl.-INHERITANCE RUl.E. \ninheritance tax. See TAX. \ninheritor (in-hair-i-tar), n. (ISc) A person who inherits; \nHEIR. \ninheritrix (in-hair-i-triks), n. Archaic. A female heir; \nHEIRESS. \ninhibition (in-hi-bish-an), n. 1. Eccles. law. A writ issued \nby a superior ecclesiastical court, forbidding a judge \nfrom proceeding in a pending case. 2. Eccles. law. An \norder issuing from an ecclesiastical court, prohibiting \na member of the clergy from taking office or perform\ning an unlawful action. 3. Hist. A writ of prohibition. \n4. Scots law. An order issued by the Court ofSession to \nprohibit a debtor from encumbering or alienating the \ndebtor's heritable property to the prejudice ofa creditor. \nSee EX CAPITE INHlBITIONIS; (in senses 3 & 4) PROHI\nBITION (2). \nin hoc (in hok), adv. [Latin] In this; in respect to this. \nin hoc statu (in hok stay-t[yJoo). [Latin] Hist. In this \nposition. \ninhonestus (in-h;;-nes-t;;s), adj. [Latin] Roman law. 1. \n(Of a person) of ill repute. 2. (Of conduct) morally \nshameful. \nin-house counsel. See COUNSEl.. \ninhuman treatment. Family law. Physical or mental \ncruelty so severe that it endangers life or health. \nInhuman treatment is usu. grounds for divorce. See \nCRUEl.TY. [Cases: Divorce (;:=>27(1,3).] \nin hypothesi (in hi-pahth-<l-SI). [Latin] Hist. In a \nsupposed case; in a hypothetical case. Cf. IN THESI. \nin iisdem terminis (in ee-Is-dem t;}r-m<l-nis), adv. [Law \nLatin] Hist. In the same terms. \ninimicitia capitalis (i-nim-;;-sish-ee-;; kap-i-tay-lis). \n[Latin] Hist. Deadly enmity. \nin individuo (in in-di-vid-yoo-oh), adv. [Law Latin] \nIn the distinct, identical, or individual form. See IN \nSPECIE. \nin infinitum (in in-f<l-nH<lm). [Latin \"in infinity\"] To \ninfinity. This phrase was in reference to a line ofsuc\ncession that is indefinite. \nin initialibus (in i-nish-ee-al-a-bas). [Law Latin] Hist. In \nthe preliminary stage . The phrase appeared in refer\nence to the point in the examination when the initialia testimonii took place to determine the witness's compe\ntence to testify. See INITIALIA TESTIMONII. \nin initio (in i-nish-ee-oh). [Latin \"in the beginning\"] At \nthe beginning or outset. Cf. AB INITIO. \nin initio litis (in i-nish-ee-oh lI-tis). [Latin] Hist. In the \nbeginning ofthe suit.  Many defenses had to be raised \nat this stage ofa case. \nin integrum (in in-teg-rdm). [Latin] Hist. Entire; wholly \nundamaged. \nin invitum (in in-vI-tam). [Latin] Against an unwilling \nperson <the nonparty appealed after being compelled \nto participate in the proceedings in invitum>. Cf. AB \nINVITO. \nin ipso termino (in ip-soh t;}r-mi-noh). [Latin] Hist. \nAt the very end; on the last day, as of a prescriptive \nperiod. \ninitial appearance. See APPEARANCE. \ninitial cause. See proximate cause under CAUSE (1). \ninitial determination. See DETERMINATION. \ninitial disclosure. See DISCLOSURE (2). \ninitialia testimonii (i-nish-ee-ay-Iee-a tes-ta-moh-nee-I). \n[Law Latin \"initial parts of testimony\"] Scots law. The \npreliminary examination ofa w.itness in order to deter\nmine the witness's competence to testify. Cf. IN INI\nTIAUBUS. \ninitial margin requirement. See MARGIN REQUIRE\nMENT. \ninitial protest"}
{"text": "f. IN INI\nTIAUBUS. \ninitial margin requirement. See MARGIN REQUIRE\nMENT. \ninitial protest. See PROTEST (2). \ninitial public offering. See OFFERING. \ninitial surplus. See SURPLUS. \ninitiation ofcharges. Military law. The first report to the \nproper military authority of an alleged commission of \nan offense by a person subject to the Uniform Code of \nMilitary Justice. Cf. PREFERRING OF CHARGES. [Cases; \nMilitary Justice C=:>9S0.] \ninitiative (i-nish-d-tiv or i-nish-ee-;;-tiv). (1889) An \nelectoral process by which a percentage of voters can \npropose legislation and compel a vote on it by the \nlegislature or by the full electorate . Recognized in \nsome state constitutions, the initiative is one of the \nfew methods of direct democracy in an otherwise \nrepresentative system. Cf. Pl.EBISCITE; REFERENDUM. \n[Cases; Municipal Corporations C=:> 108; Statutes \n301-327.] \nin itinere (in I-tin-<lr-ee), adv. [Latin] Hist. On a journey; \non the way . This term referred to the justices in eyre \n(justices in itinere) and to goods en route to a buyer. See \nEYRE; IN TRANSITU. \ninitium possession is (i-nish-ee-;;m p;;-zes[hl-ee-oh-nis). \n[Latin \"the beginning ofthe possession\"] Hist.The right \nby which possession was first held. \ninjoin, vb. Archaic. See ENJOIN. \nin judicio (in joo-dish-ee-oh), adv. & adj. [Latin] \nBefore the judge . The phrase is still sometimes used. \n\n855 in jure proprio \nOriginally, in Roman law, in judicia referred to the \nsecond stage ofa Roman formulary trial, held before a \nprivate judge known as a judex. -Also termed apud \njudicem. See FORMULA (1). Cf. IN JURE (2). \nin judicio possessorio (in joo-dish-ee-oh pah-ses-sor-ee\noh). [Law Latin] Hist. In a possessory action. \ninjunction (in-j3ngk-sh.m), n. (16c) A court order \ncommanding or preventing an action. -To get an \ninjunction, the complainant must show that there is \nno plain, adequate, and complete remedy at law and \nthat an irreparable injury will result unless the relief is \ngranted. -Also termed writ ofinjunction. See IRREP\nARABLE-INJURY RULE. [Cases: Injunction C;:::\" 1.1 \n\"In a general sense, every order of a court which commands \nor forbids is an injunction; but in its accepted legal sense, \nan injunction is ajudicial process or mandate operating in \npersonam by which, upon certain established principles \nof equity, a party is required to do or refrain from doing \na particular thing. An injunction has also been defined as \na writ framed according to the circumstances of the case, \ncommanding an act which the court regards as essential \nto justice, or restraining an act which it esteems contrary \nto equity and good conscience; as a remedial writ which \ncourts issue for the purpose of enforcing their equity juris\ndiction; and as a writ issuing by the order and under the \nseal of a court of equity.\" 1 Howard C. Joyce. A Treatise on \nthe Law Relating to Injunctions  1, at 2-3 (1909). \naffirmative injunction. See mandatory injunction. \nantisuit injunction. An injunction prohibiting a \nlitigant from instituting other, related litigation, usu. \nbetween the same parties on the same issues. [Cases: \nInjunction C:=>33.] \nex parte injunction. (1854) A preliminary injunction \nissued after the court has heard from only the moving \nparty. -Also termed temporary restraining order. \nfinal injunction. See permanent injunction. \nhead-start injunction. Trade secrets. An injunction \nprohibiting the defendant from using a trade secret \nfor a period of time equal to the time between the \ndate of the secret's theft and the date when the secret \nbecame public. _ So named since that period is the \n\"head start\" the defendant unfairly gained over \nthe rest of the industry. [Cases: Injunction C:=> 56, \n138.33.] \ninjunction pendente lite. See preliminary injunction. \ninterlocutory injunction. See preliminary injunction. \nmandatory injunction. (1843) An injunction that \norders an affirmative act or mandates a specified \ncourse of conduct. -Also termed affirmative injunc\ntion. Cf. prohibitory injunction. [Cases: Injunction \n133.] \npermanent injunction. (1846) An injunction granted \nafter a final hearing on the merits. _ Despite its name, \na permanent injunction does not necessarily last \nforever. -Also termed perpetual injunction; final \ninjunction. [Cases: Injunction \nperpetual injunction. See permanent injunction. \npreliminary injunction. (1828) A temporary injunction \nissued before or during trial to prevent an irreparable injury from occurring before the court has a chance \nto decide the case. - A preliminary injunction will be \nissued only after the defendant receives notice and an \nopportunity to be heard. Also termed interlocutory \ninjunction; temporary injunction; provisional injunc\ntion; injunction pendente lite. Cf. ex parte injunction; \nTEMPORARY RESTRAINING ORDER. [Cases: Injunction \nC:=>132.] \npreventive injunction. (1882) An injunction designed \nto prevent a loss or injury in the future. Cf. repara\ntive injunction. \nprohibitory injunction. (1843) An injunction that \nforbids or restrains an act. -This is the most common \ntype ofinjunction. Cf. mandatory injunction. \nprovisional injunction. See preliminary injunction. \nquia-timet injunction (kWI -;, tI-m;,t or kwee-;, tim-etl. \n[Latin \"because he fears\") (1913) An injunction \ngranted to prevent an action that has been threat\nened but has not yet violated the plaintiff's rights. See \nQUIA TIMET. \nreparative injunction (ri-par-;;J-tiv). (1955) An injunc\ntion requiring the defendant to restore the plaintiff \nto the position that the plaintiff occupied before the \ndefendant committed a wrong. Cf. preventive injunc\ntion. \nspecial injunction. Hist. An injunction in which the \nprohibition of an act is the only relief ultimately \nsought, as in prevention ofwaste or nuisance. \ntemporary injunction. See preliminary injunction. \ninjunction bond. See BOND (2). \ninjunctive, adj. (I5c) That has the quality of directing \nor ordering; of or relating to an injunction. -Also \ntermed injunctional. \nin jure (in joor-ee). [Latin \"in law\"] 1. According to the \nlaw. 2. Roman law. Before the praetor or other magis\ntrate. _ In jure referred to the first stage of a Roman \nformulary trial, held before the praetor or other judicial \nmagistrate for the purpose of establishing the legal \nissues and their competence. Evidence was taken in \nthe second stage, which was held before a judex. See \nFORMULA (1). Cf. DI JUDICIO. \nin jure alterius (in joor-ee al-teer-ee-;,s), adv. [Latin] In \nanother's right. \nin jure cessio (in joor-ee sesh-ee-oh). [Latin \"a surrender \nin law\"] Roman law. A fictitious trial held to transfer \nownership of property; a collusive claim to formally \nconvey property, esp. incorporeal property, by a court's \naSSignment of ownership. _ At trial, the transferee \nappeared before a praetor and asserted ownership of \nthe property. The actual owner also appeared, but did \nnot contest the assertion, and so allowed the transfer \nof the property to the plaintiff. In jure cessio was most \noften used to convey incorporeal property. Also \nspelled in iure cessio. \nin jure proprio (in joor-ee proh-pree-oh), adv. [Latin] \nIn one's own right. \n\ninjuria 856 \ninjuria (in-joor-ee-<J), n. [Latin) Roman law. 1. See i unexpectedly, and not according to the usual order \nWRONG. Cf. DAMNUM INJURIA DATUM; actio injuriarum \nunder ACTIO. 2. An assault on a person's reputation or \nbody. PI. injuriae (in-joor-ee-ee). \n\"By injuria (or outrage), as the fourth ground of delict \nobligation, is meant some affronting wrong, calculated to \nwound the self-respect and touch the honor of the person \ninjured, to humiliate or degrade him in the view of others.\" \nJames Hadley, Introduction to Roman Law 243 (N.Y., D. \nAppleton & Co. 1881). \n\"The term injuria [is best) used in its original and proper \nsense of wrong (in jus, contrary to law). The modern use \nof 'injury' as a synonym for damage is unfortunate but \ninveterate.\" R.F.V, Heuston, Salmond on the Law of Torts \n13 nn,51-52 (17th ed, 1977), \ninjuria absque damno (in-joor-ee-<J abs-kwee dam-noh). \n[Latin \"injury without damage\"] A legal wrong that will \nnot sustain a lawsuit because no harm resulted from \nit. -Also termed injuria sine damno. Cf. DAMNUM \nSINE INJURIA. \n\"Just as there are cases in which damage is not actionable \nas a tort (damnum sine injuria), so conversely there are \ncases in which behaviour is actionable as a tort, although it \nhas been the cause of no damage at all (injuria sine damno). \nTorts are of two kinds -namely, those which are action \nable per se, and those which are actionable only on proof \nof actual damage resulting from them. Thus the act of \ntrespassing upon another's land is actionable even though \nit has done the plaintiff not the slightest harm. Similarly, a \nlibel is actionable per se, while slander (that is to say, oral \nas opposed to written defamation) is in most cases not \nactionable without proof of actual damage.\" R.F.V. Heuston, \nSalmond on the Law of Tons 14 (17th ed. 1977). \ninjurious, adj. (lSc) Harmful; tending to injure. \ninjurious exposure. Workers' compensation. Contact \nwith a substance that would cause injury if the person \nwere repeatedly exposed to it over time . An employer \nmay be found liable for harm resulting from injurious \nexposure. [Cases: Workers' Compensation <:::==-201,517, \n1074.] \ninjurious falsehood. L See DISPARAGEMENT (3). 2. See \nTRADE DISPARAGEMENT. \ninjurious words. Louisiana law. Slanderous or libelous \nlanguage. See SLANDER; LIBEL (1), (2). \ninjury, n. (14c) L The violation of another's legal right, \nfor which the law provides a remedy; a wrong or injus\ntice. See WRONG. 2. Scots law. Anything said or done in \nbreach ofa duty not to do it, ifharm results to another \nin person, character, or property . Injuries are divided \ninto real injuries (such as wounding) and verbal injuries \n(such as slander). They may be criminal wrongs (as \nwith assault) or civil wrongs (as with defamation). 3. \nAny harm or damage . Some authorities distinguish \nharm from injury, holding that while harm denotes any \npersonal loss or detriment, injury involves an action\nable invasion ofa legally protected interest. See Restate\nment (Second) ofTorts  7, cmt. a (1965). [Cases: Torts \n~~117.) -injure, vb. injurious, adj. \naccidental injury. (1800) An injury resulting from \nexternal, violent, and unanticipated causes; esp., \na bodily injury caused by some external force or \nagency operating contrary to a person's intentions, ofevents. [Cases: Insurance (::::>2590.] \nadvertising injury. Harm resulting from (1) oral or \nwritten speech that slanders or libels a person, or dis\nparages a person's goods, products, or services; (2) \noral or written speech that violates a person's right of \nprivacy; (3) misappropriation of advertising ideas or \nstyle of doing business; or (4) infringement of copy\nright, esp. in a name or slogan. [Cases: Insurance (::::>' \n2297.] \nbodily injury. (l6c) Physical damage to a person's \nbody. -Also termed physical injury. See serious \nbodily injury. [Cases: Damages C='30, 32; Insurance \n<:::==-2276.) \ncivil injury. (I7c) Physical harm or property damage \ncaused by breach ofa contract or by a criminal offense \nredressable through a civil action. \ncompensable injury (kdm-pen-sd-b<ll). Workers' com\npensation. An injury caused by an accident arising \nfrom the employment and in the course ofthe employ\nee's work, and for which the employee is statutorily \nentitled to receive compensation. [Cases: Workers' \nCompensation <:::==-Sll-770.) \nconsequential injury. See consequential loss under \nLOSS. \ncontinual injury. An injury that recurs at repeated \nintervals. Also termed (but improperly) continu\nous injury. \ncontinuing injury. (1824) An injury that is still in the \nprocess of being committed. An example is the \nconstant smoke or noise of a factory. -Also termed \ncontinuing harm. (Cases: Damages (::::> 110.] \ndirect injury. (l7c) 1. An injury resulting directly \nfrom violation of a legal right. 2. An injury resulting \ndirectly from a particular cause, without any inter\nvening causes. [Cases: Damages C~16.] \ngreat bodily injury. See serious bodily injury. \n"}
{"text": "\nvening causes. [Cases: Damages C~16.] \ngreat bodily injury. See serious bodily injury. \ninjury in fact. (1809) An actual or imminent invasion \nof a legally protected interest, in contrast to an \ninvasion that is conjectural or hypothetical.  An \ninjury in fact gives the victim standing to bring an \naction for damages. lCases: Federal Civil Procedure \n<:::==-103.2.] \nirreparable injury (i-rep-<Jr<J-bdl). (17c) An injury \nthat cannot be adequately measured or compensated \nby money and is therefore often considered remedi\nable by injunction. Also termed irreparable harm; \nnonpecuniary injury. See IRREPARABLE-INJURY RULE. \n[Cases: Injunction <:::==-14, 138.6.] \n''The term 'irreparable injury,' however, is not to be taken \nin its strict literal sense. The rule does not require that the \nthreatened injury should be one not physically capable \nof being repaired, If the threatened injury would be sub \nstantial and serious one not easily to be estimated, or \nrepaired by money and if the loss or inconvenience to \nthe plaintiff if the injunction should be refused (his title \nproving good) would be much greater than any which can \nbe suffered by the defendant through the granting of the \ninjunction, although his title ultimately prevails, the case is \n\n857 \none of such probable great or 'irreparable' damage as will \njustify a preliminary injunction.\" Elias Merwin, Principles \nof Equity and Equity Pleading 426-27 (H.C. Merwin ed., \n1896). \nlegal injury. (18c) Violation ofa legal right. \nmalicious injury. (16c) 1. An injury resulting from a \nwillful act committed with knowledge that it is likely \nto injure another or with reckless disregard of the \nconsequences. 2. MALICIOUS MISCHIEF. \nnonpecuniary injury. See irreparable injury. \npecuniary injury. An injury that can be adequately \nmeasured or compensated by money. \npermanent injury. (17c) 1. A completed wrong whose \nconsequences cannot be remedied for an indefinite \nperiod. 2. Property. A lasting injury to land that \ncauses it to revert to the grantor or vests immediate \nright of possession in a remainderman. Cf. tempo~ \nrary injury. \npersonal injury. (l6c) Torts. 1. In a negligence action, \nany harm caused to a person, such as a broken bone, \na cut, or a bruise; bodily injury. 2. Any invasion of a \npersonal right, including mental suffering and false \nimprisonment. Also termed private injury. [Cases: \nInsurance ~'-:;)2306.] 3. For purposes of workers' \ncompensation, any harm (including a worsened pre~ \nexisting condition) that arises in the scope ofemploy\nment. -Abbr. PI. [Cases: Workers' Compensation \n<:'::=>552-566,604-770.] \nphysical injury. See bodily injury. \nprivate injury. See personal irljury (2). \npublic injury. A loss or an injury stemming from a \nbreach ofa duty or violation ofa right that affects the \ncommunity as a whole. \nreparable injury (rep-ar-a-bal). (1832) An injury that \ncan be adequately compensated by money. \nscheduled injury. A partially disabling injury for which \na predetermined amount of compensation is allowed \nunder a workers' ~compensation statute. [Cases: \nWorkers' Compensation C~869-902.] \nserious bodily injury. (1843) Serious physical impair\nment of the human body; esp., bodily injury that \ncreates a substantial risk of death or that causes \nserious, permanent disfigurement or protracted loss \nor impairment of the function of any body part or \norgan. Model Penal Code  210.0(3). Typically, the \nfact-finder must decide in any given case whether \nthe injury meets this general standard. Generally, an \ninjury meets this standard if it creates a substantial \nrisk of fatal consequences or, when inflicted, con\nstitutes mayhem. Cf. MAYHEM (1). -Also termed \nserious bodily harm; grievous bodily harm; great bodily \ninjury. [Cases: Homicide Assault and Battery \n<:'::=>55.] \ntemporary injury. An injury that may be abated or \ndiscontinued at any time by either the injured party \nor the wrongdoer. Cf. permanent injury. [Cases: \nDamages <:.::=> 109.] inlaw \nwillful and malicious injury. Bankruptcy. Under the \nstatutory exception to discharge, damage to another \nentity (such as a creditor) caused by a debtor inten\ntionally performing a wrongful act -without just \ncause or excuse that the debtor knew was certain \nor substantially certain to cause injury. 11 USCA  \n523(a)(6). [Cases: BankruptcyG-~3374.] \ninjury-in-fact trigger. See ACTUAL-INTURY TRIGGER. \ninjustice. (15c) l. An unjust state of affairs; unfairness. \n2. An unjust act. \nin jus vocare (in jas voh-kair~ee), vb. [Latin] Roman law. \nTo summon a defendant to court. \nin kind, adv. (17c) 1. In goods or services rather than \nmoney <payment in cash or in kind>. 2. In a similar \nway; with an equivalent of what has been offered or \nreceived <returned the favor in kind>. -in-kind, adj. \n<in-kind repayment>. \nINL. abbr. BUREAU OF I:NTERNATIONAL NARCOTICS AND \nLAW ENFORCEMENT. \ninlagare (in~la-gair-ee), vb. [Law Latin] Hist. To \nrestore (an outlaw) to the protection of the law. Cf. \nUTLAGARE. \ninlagation (in-la-gay-shall), n. [Law Latin] Hist. The \nact of restoring an outlaw to the protection of the law; \ninlawry. Cf. UTLAGATION. \ninlagh (in-law). Hist. A person within the protection of \nthe law, in contrast to an outlaw. Cf, UTLAGH. \ninland. (15c) 1. The interior part ofa country or region, \naway from the coast or border. 2. Hist. The portion of \na feudal estate lying closest to the lord's manor and \ndedicated to the support of the lord's family. -Also \ntermed (in sense 2) inlantal. Cf. UTLAND. \ninland bill ofexchange. See domestic bill (2) under BILL \n(6). \ninland draft. See DRAFT. \ninland marine insurance. See INSURANCE. \ninland revenue. See I:NTERNAL REVENUE. \ninland trade. See TRADE. \ninland waters. See INTERNAL WATERS. \ninlantal (in-Ian-tal). Hist. See INLAND (2). -Also spelled \ninlantale. \nin law. (15c) Existing in law or by force oflaw; in the \ncontemplation ofthe law. Cf. IN FACT. \nin-law, n. (1894) A relative by marriage. \ninlaw, vb. Archaic. To place (an offender) under the pro\ntection of the law. Cf. OUTLAW (1). \n'The outlaw's life is insecure .... If the king inlaws him, \nhe comes back into the world like a new-born babe, quasi \nmodo genius, capable indeed of acquiring new rights, \nbut unable to assert any of those that he had before his \noutlawry. An annihilation of the outlawry would have a \ndifferent operation, but the inlawed outlaw is not the old \nperson restored to legal life; he is a new person.\" 1 Freder \nick Pollock & Frederic William Maitland, History of English \nLaw Before the Time of Edward 1477 (2d ed. 1898), \n\ninlawry 858 \ninlawry. The restoration of an outlawed person's rights \nand protections under the law. See INLAGATION. \nin lecto aegritudinis (in lek-toh ee-gri-t[y]oo-di-nis). \n[Law Latin] Scots law. On a bed of sickness. -1he \nphrase appeared in reference either to the deathbed or \nto periods of illness that excused a person from fulfill\ning an obligation. See LIEGE POUSTI. \nin lecto mortali (in lek-toh mor-tay-lr), adv. &adj. [Latin] \nOn the deathbed. \nin legal custody. See IN CUSTODIA LEGIS. \nin liberam baroniam (in Iib-;)f-;)m bd-roh-nee-;)m). [Law \nLatin] Hist. Into a free barony. \n\"In former times, many persons holding certain feudal \nrights from the Crown were called barons, but in the strict \nlegal sense, the title was only due to him whose lands \nhad been erected or confirmed by the king in liberam \nbaroniam. The advantages conferred by the right of barony \nwere considerable. Such a right conferred on the baron \nboth civil and criminal jurisdiction within his barony; and \nunder the clause of union contained in his charter, he was \nenabled to take infeftment in the whole lands and rights \nof the barony in, what was at that time, an easy and inex, \npensive mode.\" John Trayner, Trayner's Latin Maxims 264 \n(4th ed. 1894). \nin liberam elemosinam (in lib-dr-;)m el-d-md-SI-n;)m). \n[Latin \"in free alms\"] Hist. Land given away for a chari\ntable purpose; land given away to be held in frankal\nmoin. -Also spelled in liberam eleemosinam. Also \ntermed in libera elemosina. See FRANKALMOIN. \nin liberam regalitatem (in lib-;)r-;)m ri-gal-;)-tay-t;)m). \n[Law Latin] Hist. Into a free regality. -The phrase \nappeared in reference to feudal land grants that were \nmade by the Crown and that gave the grantees jurisdic\ntion over criminal and civil matters in their territory \nequivalent to that ofthe Crown. \nin libero sochagio (in lib-;)r-oh s;)-kay-jee-oh), adv. [Law \nLatin] In free socage. See SOCAGE. \nin lieu of. (Be) Instead ofor in place of; in exchange or \nreturn for <the creditor took a note in lieu ofcash> <the \ndefendant was released in lieu of$5,000 bond>. \nin lieu tax. See TAX. \nin limine (in lim-a-nee), adv. [Latin \"at the outset\"] (lSc) \nPreliminarily; presented to only the judge, before or \nduring trial <a question to be decided in limine>. See \nMOTION IN LIMINE. [Cases: Criminal Law (:=:>632(4); \nFederal Civil Procedure (>927.5; Pretrial Procedure \nin-limine, adj. (Of a motion or order) raised prelimi\nnarily, esp. because of an issue about the admissibility \nof evidence believed by the movant to be prejudicial \n<in-limine motion>. \nin linea recta {in lin-ee-;) rek-ta), [Latin] Hist. In the \ndirect line (of succession). \nin litem (in h-tem or -tam), adv. [Latin] For a suit; to the \nsuit. See AD LITEM. \nin loco (in loh-koh). [Latin] In the place of. \nin loco parentis (in loh-koh pa-ren-tis), adv. &adj. [Latin \n\"in the place of a parent\"] (1818) Of, relating to, or acting as a temporary guardian or caretaker of a child, \ntaking on all or some ofthe responsibilities ofa parent. \n-The Supreme Court has recognized that during the \nschool day, a teacher or administrator may act in loco \nparentis. See Vernonia Sch. Dist. v. Acton, 515 U.S. 646, \n115 S.Ct. 2386 (1995). See PERSON IN LOCO PARENTIS. \n[Cases: Child Custody Child Support G= 31; \nParent and Child (:=:> 15.] \nin loco parentis, n. Supervision of a young adult by \nan administrative body such as a university. [Cases: \nSchools (:=:> 169.] \nin lucro captando (in loo-kroh kap-tan-doh). [Latin] \nHist. In endeavoring to gain an advantage. \nin majorem cautelam (in md-jor-;)m kaw-tee-I;)m), adv. \n[Latin] Hist. For a greater security. \nin majorem evidentiam (in m;)-jor-;)m ev-;)-den\nshee-am). [Law Latin] Hist. For more certain proof; \nfor more sure evidence. \nin mala fide (in mal-;) fI-dee). [Latin] Hist. In bad \nfaith. \n\"A possessor in mala fide is one who holds possession of \na subject, in the know/edge that it is not his own, on a title \nwhich he knows, or has reasonable ground for believing \nto be a bad one.\" John Trayner, Trayner's Latin Maxims 266 \n(4th ed. 1894). \nin mancipio (in man-sip-ee-oh), adj. [Latin] Roman law. \nIn a state ofcivil bondage . This status applied to a son \nwhose father was sued in a noxal action and settled the \nclaim by handing over his son. See NOXAL ACTION (I). \nin manu mortua. See IN MORTUA MANU. \nin-marriage. See MARRIAGE (1). \ninmate. (16c) 1. A person confined in a prison, hospital, \nor similar institution. [Cases: Prisons 110.] 2. \nArchaic. A person living inside a place; one who lives \nwith others in a dwelling. \nin medias res (in mee-dee-;)s reez or in me-dee-ahs rays), \nadv. [Latin1Into the middle of things; without preface \nor introduction. \nin medio (in mee-dee-oh). [Law Latin] Scots law. In the \nmiddle; intermediate"}
{"text": "introduction. \nin medio (in mee-dee-oh). [Law Latin] Scots law. In the \nmiddle; intermediate . The phrase appeared in refer\nence to a fund in controversy. \nin meditatione fugae (in med-i-tay-shee-oh-nee fry] \noo-jee). [Law Latin] Scots law. Meditating flight; con\ntemplating leaving the country. Formerly, a debtor \ncould be detained under a fugae warrant if the debtor \nhad sufficient debt to warrant imprisonment, and ifthe \ndebtor was attempting to leave the country. This type \nof warrant became obsolete when imprisonment for \ndebt was abolished. \nin mercy, adv. (l7c) At a judge's discretion concern\ning punishment. _ A judgment formerly noted (using \nthe Law Latin phrase in misericordia) which litigant \nlost by stating that the unsuccessful party was in the \ncourt's mercy. A plaintiffheld in mercy for a false claim, \nfor example, was said to be in misericordia pro falso \nclamore suo. \n\n859 \nin misericordia (in miz-a-ri-kor-dee-d). [Law LatinJ See \nIN MERCY. \nin mitiori sensu (in mish-ee-or-I sens-[y]oo), adv. [Law \nLatin] In a milder or more favorable sense . This \nphrase appeared as part of the former rule applied in \nslander actions. A word capable oftwo meanings would \nbe given the one more favorable to the defendant. Cf. \nINNOCENT-CONSTRUCTION RULE. [Cases; Libel and \nSlander C:::> 19.J \n'Within half a century of its first appearance, the action for \nwords had become part of the everyday bUSiness of the \ncommon-law courts, in particular the King's Bench. In the \nearly days there were often more slander cases in the rolls \nthan assumpsit . ... Thejudges apparently came to regret \nthis aspect of their increased jurisdiction, especially since \njuries frequently awarded sums of money quite dispropor \ntionate to the harm and to the ability of the wrongdoer to \npay .... [Tlhe principal effect of the judicial reaction was \nthat a spirit of repression began to manifest itself .... \nThe ... most effective attack was launched in the 15705, \nwhen the courts began the policy of construing ambiguous \nor doubtful words in the milder sense (in mitiori sensu) so \nthat they would not be actionable.\" J.H. Baker, An Introduc \ntion to English Legal History 500-01 (3d ed. 1990). \nin modum adminiculi (in moh-dam ad-mi-nik-y;:!-lI). \n[Law Latin] Hist. As corroborating evidence. \nin modum assisae (in moh-ddm d-sl-zee), adv. [Law \nLatin] In the manner or form ofan assize. See ASSIZE. \nin modumjuratae (in moh-ddm juu-ray-tee), adv. [Law \nLatin] In the manner or form ofa jury. \nin modum poenae (in moh-ddm pee-nee). [Latin] Hist. \nBy way ofpenalty. The phrase appeared in reference \nto the basis for charging interest. \nin modum probationis (in moh-ddm proh-bay-shee-oh\nnis). [Latin] Hist. In the form of proof. _1he phrase \nappeared in reference to documents that a party \nprovided to support a claim. \nin modum simplicis querelae (in moh-ddm sim-pl<l-sis \nkW<l-ree-Iee). [Law Latin] Hist. By way of summary \ncomplaint. \nin mora (in mor-d), adv. & adj. (Latin] Roman law. \nIn delay; in default. _ This was said of a debtor who \ndelayed performance or failed to perform. \nin mortua manu (in mor-choo-a man-yoo), adj. & adv. \n[Law Latin \"in a dead hand\"] Hist. (Of property) per\npetually controlled according to a decedent's directions. \n Land held by a religious society was described this \nway because the church could hold property perpetu\nally without rendering feudal service. Also termed in \nmanu mortua. See DEADHAND CONTROL; MORTMAIN. \nin mundo (in man-doh or muun-doh). [Law Latin \"in \nthe world\"] Hist. In a clean, fair copy. \n\"Papers written 'in mundo: are what are usually termed \nextended, or dean copies.\" John Trayner, Trayner's Latin \nMaxims 268 (4th ed. 1894). \ninnavigable (in-nav-i-g<l-bdl), adj. 1. (Of a body ofwater) \nnot capable of, or unsuitable for, navigation. [Cases; \nNavigable Waters L] 2. Marine insurance. (Of a \nvessel) unfit for service. -Also termed unnavigable. innocence \ninner bar. English law. The group of senior barristers, \ncalled the Queen's Counselor King's Counsel, who \nare admitted to plead within the bar of the court. Cf. \nOUTER BAR. \ninner barrister. See BARRISTER. \ninner cabinet. See CABINET. \ninner-city post-traumatk-stress defense. See URBAN\nSURVIVAL SYNDROME. \nInner House. Scots law. The appellate jurisdiction ofthe \nCourt of Session. See COURT OF SESSION (1). \ninning. (pl.) Land reclaimed from the sea. \ninnkeeper. (I5c) A person who, for compensation. keeps \nopen a public house for the lodging and entertainment \noftravelers. A keeper ofa boarding house is usu. not \nconsidered an innkeeper. -Also termed hotelkeeper. \n[Cases; Innkeepers (;::)3.] \n''The innkeeper is the person who on his own account \ncarries on the business of an inn. In other words, he is \nthe proprietor of the establishment. The person actually \nemployed as manager, though he has the whole direction \nof the enterprise, is not an innkeeper if he is acting on \nbehalf of someone else. Thus the salaried manager of \na hotel owned or operated by a corporation is not held \nresponsible as an innkeeper; the corporation is the inn \nkeeper.\" John H. Sherry, The Laws of Innkeepers  2.6, at \n15 (rev. ed. 1981). \ninnkeeper's lien. See hotelkeeper's lien under LIEN. \ninnocence, n. (I4c) The absence ofguilt; esp., freedom \nfrom guilt for a particular offense. Cf. GUILT. \nactual innocence. (1839) Criminal law. The absence of \nfacts that are prerequisites for the sentence given to \na defendant.  In death-penalty cases, actual inno\ncence is an exception to the cause-and-prejudice rule, \nand can result in a successful challenge to the death \nsentence on the basis of a defense that was not pre\nsented to the trial court. The prisoner must show by \nclear and convincing evidence that, but for constitu\ntional error in the trial court, no reasonable judge or \njuror would find the defendant eligible for the death \npenalty. See Sawyer v. Whitley, 505 U.S. 333, 112 S.Ct. \n2514 (1992). Cf. CAUSE-AND-PREJUDICE RULE. [Cases; \nHabeas Corpus (;:::>401, 462.J \nlegal innocence. (1813) Criminal law. The absence of \none or more procedural or legal bases to support the \nsentence given to a defendant. -In the context of a \npetition for writ of habeas corpus or other attack on \nthe sentence, legal innocence is often contrasted with \nactual innocence. Actual innocence, which focuses \non the facts underlying the sentence, can sometimes \nbe used to obtain relief from the death penalty based \non trial-court errors that were not objected to at trial, \neven ifthe petitioner cannot meet the elements ofthe \ncause-and-prejudice rule. But legal innocence, which \nfocuses on the applicable law and procedure, is not as \nreadily available. Inadvertence or a poor trial strategy \nresulting in the defendant's failure to assert an estab\nlished legal principle will not ordinarily be sufficient \nto satisfy the cause-and-prejudice rule or to establish \nthe right to an exception from that rule. See CAUSE\n\ninnocent 860 \nAND-PREJUDICE RULE. [Cases: Habeas Corpus \n401.] \ninnocent, adj. (14c) Free from guilt; free from legal fault. \nSee NOT GUfLTY (2). \ninnocent agent. See AGENT (2). \ninnocent-constrnction rule. The doctrine that an \nallegedly libelous statement will be given an innocu\nous interpretation ifthe statement is either ambiguous \nor harmless. Cf. IN MITIORI SENSU. [Cases: Libel and \nSlander \ninnocent conversion. See technical conversion under \nCONVERSION (2). \ninnocent converter. See CONVERTER. \ninnocent conveyance. See CONVEYANCE. \ninnocent homicide. See HOMICIDE. \ninnocent infringement. See INFRINGEMENT. \ninnocent junior user. See JUNIOR USER. \ninnocent misrepresentation. See MISREPRESENTA\nTION. \ninnocent-owner defense. See DEFENSE (1). \ninnocent party. See PARTY (2). \ninnocent passage. Int' llaw. The right ofa foreign ship to \npass through a country's territorial waters; the right of \na foreign vessel to travel through a country's maritime \nbelt without paying a toll. -The right of innocent \npassage is guaranteed in Article 17 of the United \nNations Convention on the Law of the Sea. Passage \nis considered innocent as long as it is not prejudicial \nto the peace, good order, and security of the coastal \ncountry. -Also termed right ofinnocent passage. Cf. \nTRANSIT PASSAGE. [Cases: International Law (::::>5.] \n'The term 'innocent passage' accurately denotes the nature \nof the right as well as its limitations. In the first place it is \na right of 'passage,' that is to say, a right to use the waters \nas a thoroughfare between two points outside them; a \nship proceeding through the maritime belt to a port of the \ncoastal state would not be exercising a right of passage. \nIn the second place the passage must be 'innocent'; a ship \nexercising the right must respect the local regulations as \nto navigation, pilotage, and the like, and, of course, it must \nnot do any act which might disturb the tranquillity of the \ncoastal state.\" J.L. Brierly, The Law ofNations 188-89 (5th \ned. 1955). \ninnocent purchaser. See bona fide purchaser under PUR\nCHASER (1). \ninnocent purchaser for value. See bona fide purchaser \nunder PURCHASER (1). \ninnocent spouse. See SPOUSE. \ninnocent trespass. See TRESPASS. \ninnocent trespasser. See TRESPASSER. \ninnocuae utilitatis (i-nok-yoo-[w]ee yoo-til-a-tay-tis). \n[Latin \"useful without harming\"] Hist. An act that is \nbeneficial to one person and harmful to no one. \nInn of Chancery. Hist. Any of nine collegiate houses \nwhere students studied either to gain entry into an Inn \nofCourt or to learn how to frame writs in order to serve in the chancery courts. -Over time, the Inns Clem\nent's, Clifford'~, Lyon's, Furnival's, Thavies', Symond's, \nBarnard's, Staples', and the New Inn -became little \nmore than dining dubs, and never exercised control \nover their members as the Inns of Court did. The Inns \nofChancery were all dissolved in the 19th century. Cf. \nINN OF COURT. \nInn of Court. 1. Any of four autonomous institutions, \none or more of which English barristers must join \nto receive their training and of which they remain \nmembers for life: The Honourable Societies ofLincoln's \nInn, the Middle Temple, the Inner Temple, and Gray's \nInn. -These powerful bodies examine candidates for \nthe Bar, \"call\" them to the Bar, and award the degree \nof barrister. \n\"It is impossible to fix with certainty the period when the \nprofessors and students of the common law first began to \nassociate themselves together as a society, and form them\nselves into collegiate order; or to assign an exact date to \nthe foundation of the Inns of Court, the original institution \nof which nowhere precisely appears. .. After the fixing of \nthe Court of Common Pleas by Magna Charta, the practitio\nners of the municipal law took up their residence in houses \nbetween the king's courts at Westminster and the city of \nLondon -forming then one community; and before the \nend of the reign of Edward II, they appear to have divided \nthemselves into separate inns or colleges, at Temple Bar, \nLincoln's Inn, and Gray's Inn.\" Robert H. Pearce, A Guide to \nthe Inns ofCourt and Chancery 1-2 (1855). \n2. (pl.) In the United States, an organization (formally \nnamed the American Inns ofCourt Foundation) with \nmore than 100 local chapters, whose members include \njudges, practicing attorneys, law professors, and law \nstudents. -Through monthly meetings, the chapters \nemphasize practice skills, professionalism, and ethics, \nand provide mentors to train students and young \nlawyers in the finer pOints of good legal practice. \ninnominate (i-nom-d-nat), adj. (17c) Civil law. Unclassi\nfied; having no special name or designation. See innom\ninate contract under CO:-<!TRACT. \ninnominate action. See ACTION (4). \ninnominate contract. See CONTRACT. \ninnominate obligations. (1949) Obligations having no \nclassification or name because they are not \nstrictly contractual, delictual, or quaSi-contractual.  \nAn example is the obligation of a trustee to a benefi\nciary. -Also termed obligationes innominati. \ninnominate real contract. See innominate contract \nunder CONTRACT. \nin nomine Dei, Amen (in nahm-a-nee dee-I, ay-men). \n[Latin] Hist. In the name ofGod, Amen. -This phrase \nformerly appeared at"}
{"text": ", ay-men). \n[Latin] Hist. In the name ofGod, Amen. -This phrase \nformerly appeared at the beginning ofa will or other \ninstrument. \ninnotescimus (in-oh-tes-a-mas). [Law Latin \"we make \nknown\"] Hist. A certification, in the form ofletters \npatent, ofa charter of feoffment or other instrument \nnot filed of record. -This term derives from the word \nofemphasis appearing at the end ofthe document. Cf. \nEXEMPLIFICATION. \n\ninnovata lite dependente (in-oh-vay-ta II-tee dee-pen\nden-tee). [Law Latin] Hist. Innovations during the \npendency of a suit. -lhe phrase appeared in reference \nto the interference with something that is the subject \nof a lawsuit. See PENDENTE LITE. \ninnovation. Scots law. See \"OVATION. \ninnoxiare (i-nok-shee-air-ee), vb. [Law Latin] Hist. To \npurge (a person) offault. \nin nubibus (in n[yJoo-bi-bas), adv. & adj. [Law Latin] In \nthe clouds. _ An expression for something that is under \nthe protection of the law. \nin nudis finibus contractus (in n[y]oo-dis fin-a-bas \nbn-trak-tas). [Law Latin] Hist. In the bare terms of \na contract. \nin nudis terminis (in n[y]oo-dis tilr-ma-nis). [Law Latin \n\"with bare limits\"] Hist. In its bare terms. -The phrase \nappeared in reference to the simple terms of an instru\nment. See NUDUM PACTUM. \ninnuendo (in-yoo-en-doh). [Latin \"by hinting\") (17c) \n1. An oblique remark or indirect suggestion, usu. of a \nderogatory nature. 2. An explanatory word or passage \ninserted parenthetically into a legal document. -In \ncriminal law, an innuendo is a statement in an indict\nment showing the application or meaning of matter \npreviously expressed, the meaning of which would \nnot otherwise be clear. In the law of defamation, an \ninnuendo is the plaintiff's explanation of a state\nment's defamatory meaning when that meaning is not \napparent from the statement's face. For example, the \ninnuendo of the statement \"David burned down his \nhouse\" can be shown by pleading that the statement \nwas understood to mean that David was defrauding \nhis insurance company (the fact that he had insured \nhis house is pleaded and proved by inducement). Cf. \nINDUCEMENT (4); COLLOQUIUM. [Cases: Libel and \nSlander (::::>86.] \n\"Innuendo (from innl/o, to nod or beckon with the head) is \na word used in declarations and law pleadings, to ascertain \na person or thing which was named before .... If a man \nsay, that such a one had the pox, innuendo the French pox, \nthis will not be admitted, because the French pox was not \nmentioned before, and the words shall be construed in a \nmore favourable sense. But, if in discourse of the French \npox, one say, that such a one had the pox, innuendo the \nFrench pox, this will be admitted to render that certain \nwhich was uncertain before.\" 2 Richard Burn, A New Law \nDictionary 24 (l792). \n\"It is not a true innuendo to repeat the obvious meaning of \ndefamatory words in other language, or in an embroidered \nor exaggerated way. Otherwise an ingenious pleader could \nperplex the judge and jury and harry the defendant by \nringing the changes on the same words, creating numerous \ndifferent causes of action, each requiring a separate \nverdict. A true innuendo relies on a conjunction of the \nwords used and some extrinsic fact. Thus it is defamatory \nin itself to say that a man's affairs are being investigated \nby the Fraud Squad: but the statement does not support \nthe innuendo that those affairs are being carried on fraudu \nlently. Conversely, the statement 'X is a good advertiser' is \ninnocent in itself, but carries a libellous innuendo if pub \nlished to persons who know the extrinsic fact that X is an \neminent member of the Bar.\" R.F.v. Heuston, Salmond on \nthe Lawo(Torts 149 (17th ed. 1977). [The example about lawyers' advertising no longer has relevance to American \nlaw. Eds.] \nin nullius bonis (in na-h-as boh-nis). See NULLIUS IN \nBONIS. \nin nullo est erratum (in nal-oh est i-ray-tam), adj. [Law \nLatin \"in nothing is there error\"] Hist. Of or relating \nto a demurrer that denies any error and at once refers \na question oflaw to the court. \nin obligatione (in ob-li-gay-shee-oh-nee). [Latin] Hist. \nUnder an obligation. \nin odium (in oh-dee-<lm). [Latin] Hist. In detestation. \n-For example, a gift made to a woman who was later \ndivorced for committing adultery was revoked in odium \nofher guilt. \nin odium corrumpentis (in oh-dee-am kor-am-pen-tis). \n[Latin] Hist. In detestation ofthe person corrupting. \ninofficiosus (in-a-fish-ee-oh-sas), adj. [Latin \"inof\nficious\"] Roman law. Contrary to a natural duty of \naffection, used esp. of a will that unjustly disinherits a \nchild or close relative. See QUERELA INOFFICIOSI TES\nTAMENT!. \ninofficious testament. See TESTAMENT. \ninofficious will. See inoffiCiOUS testament under TESTA\nMENT. \nin omnibus (in ahm-ni-bas). [Latinl In all things; on all \npoints <a case parallel in omnibus>. \ninoperable mode. Patents. In a patent application, a \ndisclosed way of working an invention that is not the \nbest mode. -'The term usu. designates a mode that is \nintended to misrepresent or deliberately conceal the \nbest mode. That misrepresentation or concealment \nis inequitable conduct that will bar patentability or \nrender an issued patent unenforceable. [Cases: Patents \n(;:::;>98.] \ninoperative, adj. (17c) 1. Having no force or effect; not \noperative <an inoperative statute>. 2. Patents. (Of an \ninvention), the condition ofnot being capable of func\ntioning as described in the patent application. \n\"An invention is inoperative if an exemplification, built \nexactly as described in the patent, won't operate, or if \nfurther experiment and invention are required to make it \noperate.\" Roger Sherman Hoar, Patent Tactics and the Law \n37 (3d ed. 1950). \ninops consilii (in-ahps bn-sil-ee-I), adj. [Latin) Des\ntitute of counsel; without legal counsel. _ This term \ndescribed actions taken without benefit oflegal advice, \nas when a testator drafts a will without the help of an \nattorney. \n'Hlhat in devises by last will and testament, (which, being \noften drawn up when the party is inops consilii, and are \nalways more favoured in construction than formal deeds, \nwhich are presumed to be made with great caution, fore \nthought, and advice) in these devises, I say, remainders \nmay be created in some measure contrary to the rules \nbefore laid down ....\" 2 William Blackstone. Commentar \nies on the Laws of England 172 (1766). \nin order. 1. Ready for business <the meeting is in order>. \n2. Available and appropriate for consideration under \n\n862 inordinatus \nthe applicable rules <the motion is in order>. Cf. OUT \nOF ORDER (1). \ninordinatus (in-or-d,,-nay-t<Js), n. [Latin \"disorderly; \nunordained\"] Hist. See INTESTATE. \nin pacato solo (in p,,-kay-toh soh-Ioh), adv. [Latin] In a \ncountry that is at peace. \nin pace Dei et regis (in pay-see dee-I et ree-jis), adv. [Law \nLatin] Hist. In the peace of God and the king . This \nphrase was used in an appeal from a murder convic\ntion. \nin pais (in payor pays). [Law French \"in the country\") \nOutside court or legal proceedings. See equitable \nestoppel (1) under ESTOPPEL. \nin paper. Hist. Ofa proceeding that is within the juris\ndiction of the trial court; that is, before the record is \nprepared for an appeal. \n\"Formerly, the suitors were much perplexed by writs of \nerror brought upon very slight and trivial grounds, as mis \nspellings and other mistakes of the derks, all which might \nbe amended at the common law, while all the proceedings \nwere in paper, for they were then considered in fieri, and \ntherefore subject to the control of the courts.\" 3 William \nBlackstone, Commentaries on the Laws of England 407 \n(1768). \nin pari causa (in par-I kaw-zJ), adv. [Latin \"in an equal \ncase\"] In a case affecting two parties equally or in which \nthey have equal rights <in pari causa, the possessor \nordinarily defeats the nonpossessory claimant>. \nin pari delicto (in par-I dJ-lik-toh), adv. [Latin \"in equal \nfault\"] Equally at fault <the court denied relief because \nboth parties stood in pari delicto>. [Cases: Action (;=: \n4; Equity (;=:65.] \nin pari delicto doctrine, n. [Latin] (1917) The principle \nthat a plaintiff who has participated in wrongdoing \nmay not recover damages resulting from the wrong\ndoing. [Cases: Action (;=:4; Contracts (;=: 139; Equity \n(;=:65.] \nin pari materia (in par-I m,,-teer-ee-d). [Latin \"in the \nsame matter\"] 1. adj. On the same subject; relating to \nthe same matter . It is a canon of construction that \nstatutes that are in pari materia may be construed \ntogether, so that inconsistencies in one statute may \nbe resolved by looking at another statute on the same \nsubject. [Cases: Statutes C:::)223.2(1)-223.2(35).] \n\"[Ilt seems that the present position is that, when an earlier \nstatute is in pari materia with a later one, it is simply part \nof its context to be considered by the judge in deciding \nwhether the meaning of a provision in the later statute is \nplain.\" Rupert Cross, Statutory Interpretation 128 (1976). \n2. adv. Loosely, in conjunction with <the Maryland \nconstitutional provision is construed in pari materia \nwith the Fourth Amendment>. \nin patiendo (in pash-ee-en-doh), adv. & adj. [fro Latin \npatior \"suffer\"] In suffering or permitting. \nin patria potestate (in pay-tree-\" [or pa-tree-J] poh-tes\ntay-tee). [Latin) Roman law. (Ofa person) in the power \nof the father or a senior male ascendant; subject to \npatria potestas .  Uncles and brothers never had power over nephews or younger brothers. See patria potestas \nunder POTESTAS; SUB POTESTATE. Cf. SUI JURIS. \nin patrimonio principis (in pa-tr<J-moh-nee-oh prin-si\npis). [Latin] See INTER REGALIA. \nin pectore judicis (in pek-td-ree joo-di-sis), adv. & adj. \n[Latin) In the breast of the court. See BREAST OF THE \nCOURT. \nin pejorem partem (in pJ-jor-Jm pahr-tdm), adv. [Law \nLatin] In the worst part; on the worst side. \nin pendente (in pen-den-tee). [Latin] Hist. In suspen\nsion; in abeyance. \ninpenny and outpenny. Hist. A customary payment ofa \npenny on entering into and going out of a tenancy. \nin periculo constitutus (in p,,-rik-Y;:l-loh kon-sti-t[y] \nOO-tJ8). [Latin] Hist. Standing in danger. \nin perpetuam commendam (in pdr-pech-oo-dm kJ-men\nd;:lm). [Law Latin] Hist. In perpetual trust.  Something \ngiven in perpetuam commendam was equivalent to a \ngift. \nin perpetuam rei memoriam (in pJr-pech-oo-Jm [or \npJr-pe-tyoo-Jm) ree-I mJ-mor-ee-Jm), adv. [Latin] In \nperpetual memory ofa matter . This phrase refers to a \ndeposition taken to preserve the deponent's testimony. \n[Cases: Federal Civil Procedure (;=: 1291; Pretrial Pro\ncedure (;::=>61.] \nin perpetuity (in pdr-p,,-t[yjoo-J-tee). (14c) Forever. See \nPERPETUITY. \nin perpetuum (in pJr-pech-oo-\"m or p\"r-pe-tyoo-Jm), \nadv. [Latin] Forever; perpetually. Sometimes spelled \nimperpetuum. \nin perpetuum rei testimonium (in pJr-pech-oo-dm [or \np\"r-pe-tyoo-dm] ree-I tes-ti-moh-nee-Jm), adv. [Law \nLatin] In perpetual testimony ofa matter . This phrase \nrefers to a statute that confirms existing common law. \n\"Statutes also are either declaratory of the common law, or \nremedial of some defects therein. Declaratory, where the \nold custom of the kingdom is almost fallen into disuse, \nor become disputable; in which case the parliament has \nthought proper, in perpetuum rei testimonium, and for \navoiding all doubts and difficulties, to declare what the \ncommon law is and ever hath been.\" I William Blackstone, \nCommentaries on the Laws of England 86 (1765). \nin personam (in p\"r-soh-nJm), ad). [Latin \"against a \nperson\"] (1Sc) 1. Involving or determining the personal \nrights and obligations of the parties. 2, (Of a legal action) \nbrought against a person rather"}
{"text": "determining the personal \nrights and obligations of the parties. 2, (Of a legal action) \nbrought against a person rather than property. Also \ntermed personal. See action in personam under ACTION \n(4). Cf. IN REM. [Cases: Courts (;::::10.] in personam, \nadv. \n\"An action is said to be in personam when its object is to \ndetermine the rights and interests of the parties them\nselves in the subject-matter of the action, however the \naction may arise, and the effect of a judgment in such an \naction is merely to bind the parties to it. A normal action \nbrought by one person against another for breach of \ncontract is a common example of an action in personam.\" \nR.H. Graveson, Conflict ofLaws 98 (7th ed. 1974). \nin personam jndgment. See personal judgment under \nJUDGMENT. \n\n863 inquest \nin personam jurisdiction. See personal jurisdiction \nunder JURISDICTION. \nin pessimafide (in pes-J-mJ fI-dee). [Latin] Hist. In the \nworst faith; dishonestly. \nin petitorio (in pet-J-tor-ee-oh). [Latin] Hist. In a \npetitory action. \nin pios usus (in phIS yoo-SJS), adv. [Law Latin] Rist. \nFor pious uses; for religious purposes. -This phrase \nreferred to property used by, or claimed by, the church, \nsuch as the property ofan intestate who had no known \nheirs. \nin placito (in plas-J-toh). [Law Latin] Hist. In a suit. \nin plena vita (in plee-nJ VI-tJ), Cldv. & ad). [Law Latin] \nIn full life . \nin pleno comitatu (in plee-noh kahm-i-tay-t[y]oo), adv. \n& adj. [Law Latin] In full county court. \nin pleno [umine (in plee-noh loo-mJ-nee), adv. & adj. \n[Law Latin] In the light ofday; in common knowledge; \nin public. \nin poenam (in pee-nJm). [Latin] Hist. As a penalty; as \na punishment. \nin point. See ON POINT. \nin posse (in pos-ee). [Latin] Not currently existing, but \nreadv to come into existence under certain conditions \nin the future; potential <the will contemplated both \nliving children and children in posse>. Cf. IN ESSE. \nin possessorio (in pah-ses-sor-ee-oh). [Law Latin] Hist. \nIn a possessory suit. \nin potestate parentis (in poh-tes-tay-tee pJ-ren-tis), adv. \n& adj. [Latin] Hist. In the power ofa parent. See PATRIA \nPOTESTAS. \nin potestate patris (in poh-tes-tay-tee pay-tris arpa-tris). \n[Latin] Roman law. Under the power of the father. \nThe phrase appeared in reference to the position of a \nchild in power. See patria potestas under POTESTAS; SUB \nPOTESTATE. Cf. SUI JURIS. \nin po testate viri (in poh-tes-tay-tee veer-I). [tatinj Hist. \nUnder the power of the husband. -Formerly, this \nphrase appeared in reference to the position ofa wife \nin legal matters because the husband was the guardian \nofthe wife. \nin praemissorumfidem (in pree-mJ-sor-Jm [orprem-a-] \nfI-dJm), adv. & adj. [Law Latin] Rist. In confirmation \nor attestation of the premises. _ This phrase commonly \nappeared in notarized documents. \nin praesenti (in pri-zen-tI or pree-). [Latin] At present; \nright now. Cf. IN FUTURO. \nin praesentia dominorum (in pri-zen-shee-a dom-J\nnor-Jm). [Latin] Hist. In presence of the lords. -The \nphrase was added to the presiding judge's signature to \nindicate that the remaining judges did not have to sign \nthe document because the presiding judge had signed \nthe writing in their presence. -Abbr. IPD. \nin prender (in pren-dar), adj. [Law French \"in taking\"] \nHist. (Ofa right) consisting in property taken to fulfill a claim to it, such as an incorporeal hereditament (as \na heriot custom) that a lord had to seize in order to \nexercise the right to it. Ct~ IN RENDER. \nin-presence rule. 1he prinCiple that a police officer may \nmake a warrantless arrest of a person who commits a \nmisdemeanor offense not only in the officer's actual \npresence but also within the officer's immediate \nvicinity. \n\"The common law rule with respect to misdemeanors was \nquite different; a warrant was required except when a \nbreach of the peace occurred in the presence of the arrest \ning officer. ... Though the 'in presence' rule might be \nconstrued as requiring that the misdemeanor in fact have \noccurred in the officer's presence, the modern view is that \nthe officer may arrest if he has probable cause to believe \nthe offense is being committed in his presence.\" Wayne \nR. LaFave & Jerold H. Israel, Criminal Procedure  3.5, at \n169-70 (2d ed. 1992). \nin primis (in prI-mis). See IMPRIMIS. \nin principio (in prin-sip-ee-oh), adv. [Latin] At the \nbeginning. \nin privato patrimonio (in prr-vay-toh pa-trJ-moh\nnee-oh). [Latin] Hist. Among private property. \nin promptu (in promp-t[y]oo), adv. & adj. [Latin \"at \nhand\"] Archaic. Impromptu. \nin propria persona (in proh-pree-J par-soh-n~). [Latin \n\"in one's own person\"] See PRO SE. \nin proximo gradu (in prok-sJ-moh gray-d[y]oo). \n[Latin] Roman law. In the nearest degree . 1he phrase \nappeared in reference to a child's relationship to the \nfather or to a grandchild's relation to a grandfather if \nthe grandchild represented his or her deceased father. \nSee PER STIRPES. \nin publica custodia (in p<lb-li-kJ kJs-toh-dee-J). [Latin] \nHist. In the public custody. -The phrase appeared in \nreference to public records. \nin publicam vindictam (in p<lh-li-kJm vin-dik-t~m). \n[Latin] Hist. For vindicating public right. \nin puram eleemosynam (in pyoor-Jm el-J-mos-a-n;)m). \n[Law Latin] Hist. In pure charity. -Gifts were some\ntimes made to churches in puram eleemosynam, requir\ning nothing but prayers for the grantor in return. \nin quantum locupletiores facti sumus ex damno alterius \n(in kwon-tJm lok-yoo-plee-shee-or-eez fak-tI sly] \noo-mJS eks dam-noh al-teer-ee-as). [Latin] Roman \nlaw. Insofar as we have been enriched to the loss or by \nthe damage ofanother. _lhe phrase appeared in refer\nence to the rule by which certain persons were bound \nin restitution to the extent of their enrichment. See \nNEGOTIORUM GESTIO. \nin quantum lucratus est (in kwon-tJm 100-kray-tJs est). \n[Latin] Hist. Insofar as he has gained or profited. \nin quantum valeat (in kwon-t<:1m vay-Iee-at or -Jt). \n[Latin] Hist. For what it is worth. \ninquest. (Be) 1. An inquiry by a coroner or medical \nexaminer, sometimes with the aid of a jury, into the \nmanner ofdeath ofa person who has died under suspi\ncious circumstances, or who has died in prison. Also \n\n864 inquest jury \ntermed coroner's inquest; inquisition after death. [Cases: \nCoroners Homicide C=> l1lO.] 2. An inquiry into \na certain matter by a jury empaneled for that purpose. \n3. The finding of such a specially empaneled jury. 4. \nA proceeding, usu. ex parte, to determine, after the \ndefendant has defaulted, the amount of the plaintiffs \ndamages. Cf. INQUISITION. \ngrand inquest. 1. An impeachment proceeding. 2. \nHist. (cap.) The survey of the lands of England in \nlO85-1086, by order of William the Conqueror, and \nresulting in the Domesday Book Also termed Great \nInquest; Grand Survey; Great Survey. See DOMESDAY \nBOOK. 3. Hist. Grand jury. \ninquest of office. Hist. An inquest conducted by a \ncoroner, sheriff, or other royal officer into the Crown's \nright to property by reason of escheat, treason, or \nother ground offorfeiture. \n5. WARDMOTE. \ninquest jury. See JURY. \nin qui bus infitiando lis crescit (in kwib-<}s in -fish-ee-an\ndoh lis kres-it). [Latin] Roman law. In which the suit \nincreases by denial.  The phrase appeared in reference \nto the measure of damages in a legal action when, if \nthe defendant wrongfully denied a claim for damages, \nthe defendant could be penalized by a multiple of the \noriginal claimed amount, usu. double, triple, or qua\ndruple. -Also spelled inficiando. \ninquilinus (in-kwd-h-nds), n. [Latin] Roman law. A \nperson who leases or lives in another's house or apart\nment; esp., an urban tenant. \ninquirendo (in-kwd-ren-doh). [Latin] Hist. An inquiry or \ninvestigation; esp., an inquiry into a matter concerning \nthe Crown's interests, such as lands that are forfeited \nto the Crown. \ninquiry. (15c) 1. lnt'llaw. FACT-FINDING (2). 2. Parlia\nmentary law. A request for information, either proce\ndural or substantive. See REQUEST; POINT (2). \nparliamentary inquiry. An inquiry that asks a question \nabout procedure. \n3. Hist. A writ to assess damages by the sheriffor sher\niff's deputies. \ninquiry notice. See NOTICE. \ninquisitio (in-kw<l-zish-ee-oh). [Latin] Inquisition or \ninquest. See INQUISITION (1). \ninquisitio post mortem (in-kwd-zish-ee-oh pohst mor\ntdm). [Latin] See inquest ofoffice under INQUEST. \ninquisition. (14c) I. The record ofthe finding ofthe jury \nsworn by the coroner to inquire into a person's death. \n[Cases: Coroners C=> 18.] 2. A judicial inquiry, esp. in a \nderogatory sense. 3. A persistent, grueling examination \nconducted without regard for the examinee's dignity or \ncivil rights. Cf. INQUEST. \ninquisition after death. See INQUEST (1). \ninquisitor. (16c) l. An officer who examines and inquires, \nsuch as a coroner or sheriff. 2. A person who inquires; \nesp., one who examines another in a harsh or hostile manner. 3. Hist. Eccles. law. An officer authorized to \ninquire into heresies; esp., an officer of the Spanish \nInquisition. \ninquisitorial court. See COURT. \ninquisitorial system. (1846) A system of proof-taking \nused in civil law, whereby the judge conducts the trial, \ndetermines what questions to ask, and defines the scope \nand the extent ofthe inquiry . This system prevails in \nmost of continental Europe, in Japan, and in Central \nand South America. Cf. ADVERSARY SYSTEM. \nINR. abbr. BUREAU OF INTELLIGENCE AND RESEARCH. \nin re (in ree or ray). [Latin \"in the matter of\"] (1877) (Of \na judicial proceeding) not formally including adverse \nparties, but rather involving something (such as an \nestate). _ The term is often used in case citations, esp. \nin uncontested proceedings <In re Butler's Estate>. \nAlso termed matter of<Alatter ofButler's Estate>. \nin rebus (in ree-b<}s), adv. [Latin] In things, cases, or \nmatters. \nin rebus litigiosis (in ree-b<'ls IHij-ee-oh-sis). [Latin] Hist. \nIn things subject to litigation. \nin rem (in rem), adj. [Latin \"against a thing\"] (18c) \nInvolving or determining the status of a thing, and \ntherefore the rights of persons generally with respect \nto that thing. Also termed (archaically) impersonal. \nSee action in rem under ACTION (4). Cf. IN PERSONAM. \n[Cases: Admiralty Courts ~---, 16.] in rem, \nadv. \n\"An action in rem is one in which the judgment of the \ncourt determines the title to property and the rights of \nthe parties, not merely as between themselves, but also as \nagainst all persons at any time dealing with them or with \nthe property upon which the court had adjudicated.\" R.H. \nGraveson, Conflict ofLaws 98 (7th ed. 1974). \nquasi in rem (kway-sI in rem or kway-zr). [Latin \"as \nif against a thing\"] (1804) InvolVing or determining \nthe rights of a person having an interest in property \nlocated within the court's jurisdiction. See action \nquasi in rem under ACTION (4). [Cases: Courts \n16.] \nin re mercatoria (in ree m<}r-k<}-tor-ee-<}). [Latin] Scots \nlaw. In a mercantile transaction . Documents made \nin or connected with a mercantile transaction did not \nrequire the typical formalities in order to be binding. \n\"All writings in re mercatoria are privileged, and are \nheld valid and binding, although wanting the solemni\nties com mon and necessary to ordinary deeds .... This \nprivilege has been given to these documents, because of \nthe rapidity with which, in most cases, they have to be \nprepared, and the immediate use"}
{"text": "given to these documents, because of \nthe rapidity with which, in most cases, they have to be \nprepared, and the immediate use to which they have to \nbe put, and also because, from the necessity of the case, \nthey are generally prepared by those who are not supposed \nto be acquainted with the formalities and solem nities of \ndeeds.\" John Trayner, Trayner's Latin Maxims 273 (4th ed. \n1894). \nin rem judgment. See judgment in rem under \nJUDGMENT. \nin rem jurisdiction. See JURISDICTION. \n\n865 \nin rem suam (in rem s[r]oo-am). [Latin] Hist. Regarding \none's own property; for one's own advantage. \nin rem versum (in rem var-sam). [Latin] Roman law. \nEmployed in one's own matter; used to one's own \nadvantage. See ACTION DE IN REM VERSO. \nin render (in ren-dar), adj. [Law French \"in yielding or \npaying\"] Hist. (Of property) required to be given or \nrendered. Cf. IN PRE'mER. \nin re propria (in ree proh-pree-a). [Latin] Hist. In one's \nown affairs. \nin rerum natura (in reer-am na-tyuur-a), adv. & adj. \n[Law Latin] Hist.ln the nature of things; in existence. \n 'Ibis phrase was used in a dilatory plea alleging that \nthe plaintiff was a fictitious person, and therefore not \ncapable of bringing the action. \nin retentis (in ri-ten-tis). [Law Latin \"among things \nwithheld\"] Scots law. Subject to reservation . Evidence \nmight be taken in retentis if, for example, the witness \nwere mortally ill, and then be set aside until the proper \ntime to produce it. \nin rigore juris (in rig-ar-ee joor-is). [Latin] Hist. Accord\ning to strict law. \nin rixa (in rik-sa). [Latin] Scots law. In an altercation or \nbrawl.  Words spoken in rixa were usu. not actionable \nas defamation. \nin rixa per plures commissa (in rik-sa par pIuur-eez \n[or ploo-reezl ka-mis-a). [Latin] Scots law. An offense \ncommitted in the course of a quarrel involving several \npersons. \ninroll, vb. See ENROLL (1). \ninrollment. See ENROLLMENT. \nINS. abbr. IMMIGRATION AND NATURALIZATION \nSERVICE. \nin sacris (in say-kris). [Latin] Scots law. In sacred matters. \n The phrase appeared in reference to the supremacy of \necclesiastical-court jurisdiction in certain matters, esp. \nthose involving church doctrine and discipline. \ninsane, adj. (l6c) Mentally deranged; suffering from \none or more delusions or false beliefs that (1) have no \nfoundation in reason or reality, (2) are not credible to \nany reasonable person of sound mind, and (3) cannot \nbe overcome in a sufferer's mind by any amount of \nevidence or argument. See INSANITY. [Cases: Mental \nHealth \ninsane asylum. See ASYLUM (3). \ninsane delusion. (1838) An irrational, persistent belief \nin an imaginary state of facts resulting in a lack of \ncapacity to undertake acts of legal consequence, such \nas making a will. See CAPACITY (2). [Cases: Criminal \nLaw (::=:49.] \ninsanity, n. (16c) Any mental disorder severe enough \nthat it prevents a person from having legal capacity and \nexcuses the person from criminal or civil responSibil\nity. Insanity is a legal, not a medical, standard. \nAlso termed legal insanity; lunacy. Cf. SANITY. [Cases: inSCriptio \nCriminal Law~'47; HomicideC:::>817; Mental Health \n''The lawyers refer to 'insanity.' This is a legal term only, \nand one that is not used by the psychiatrist; the latter \nprefers to speak of mental disorder, mental illness, or of \npsychosis or neurosis.\" Winfred Overholser, Psychiatry and \nthe Law, 38 Mental Hygiene 243,244 (1954). \n\"The word 'insanity' is commonly used in discussions of \nthis problem although some other term would seem to be \npreferable such as 'mental disease or defect,' -which may \nbe shortened to 'mental disorder' in general discussions if \nthis is clearly understood to include disease of the mind, \ncongenital lack, and damage resulting from traumatic \ninjury, but to exclude excitement or stupefaction result \ning from liquor or drugs. Apart from its uses In the law \n'insanity' is usually employed to indicate mental disorder \nresulting from deterioration or damage as distinguished \nfrom congenital deficiency, Criminal incapacity may result \nas readily from one as from the other, but while the earlier \nauthorities spoke of the 'idiot' and the 'madman,' . ' . the \nmore recent tendency in the law has been to include both \nunder the 'insanity' label,\" Rollin M. Perkins & Ronald N, \nBoyce, Criminal Law 952 (3d ed, 1982). \n\"Another objection to the word 'insanity' is the unwar \nranted assumption that it refers to a very definite mental \ncondition, seldom put into words but apparent in many \ndiscussions of the problem.\" Id. \nemotional insanity. (1872) Insanity produced by \na violent excitement of the emotions or passions, \nalthough reasoning faculties may remain unimpaired; \na passion that for a period creates complete derange\nment of intellect.  Emotional insanity is sometimes \ndescribed as an irresistible impulse to do an act. See \nIRRESISTIBLE-IMPULSE TEST. [Cases: Criminal Law \nHomicide (::=:818.] \npartial insanity. See diminished capacity under CAPA\nCITY (3), \ntemporary insanity. (l8c) Insanity that exists only at \nthe time of a criminal act. \ninsanity defense. Criminal law. (1912) An affirmative \ndefense alleging that a mental disorder caused the \naccused to commit the crime. See 18 USCA  17; Fed. \nR. Crim. P. 12.2. Unlike other defenses, a success\nful insanity defense may not result in an acquittal but \ninstead in a special verdict (\"not guilty by reason of \ninsanity\") that usu. leads to the defendant's commit\nment to a mental institution. -Also termed insanity \nplea. See MCNAGHTEN RULES; SUBSTANTIAL-CAPAC\nITY TEST; IRRESISTIBLE-IMPULSE TEST; DURHAM RULE; \nAPPRECIATION TEST. [Cases: Criminal Law \nHomicide C:::: 817.] \nblack-rage insanity defense. An insanity defense \nbased on an African-American's violent eruption of \nanger induced at least partly by racial tensions . This \ndefense was first used in the mid-1990s, \nInsanity Defense Reform Act of 1984 test. See APPRE\nCIATION TEST. \ninsanity plea. See INSANITY DEFENSE. \ninscriptio (in-skrip-shee-oh), n. [Latin] In later Roman \nlaw, a written accusation detailed in an official register. \n The accuser was liable to punishment if the accused \n\n866 inscription \nwas acquitted. See INSCRIPTION (3). PI. inscriptiones \n(in-skrip-shee-oh-neez). inscribere, vb. \ninscription, n. (14c) 1. The act of entering a fact or \nname on a list, register, or other record. 2. An entry \nso recorded. 3. Civil law. An agreement whereby an \naccuser must, ifthe accusation is false, receive the same \npunishment that the accused would have been given if \nfound guilty. -inscribe, vb. inscriptive, adj. \ninscriptiones (in-skrip-shee-oh-neez). [Latin] Hist. Title \ndeeds; written instruments by which rights or interests \nare granted. \ninscrutable fault. See FAULT. \ninsecure, adj. (17c) Having a good-faith belief that the \npossibility of receiving payment or performance from \nanother party to a contract is unlikely. \ninsecurity clause. (1872) A loan-agreement provision \nthat allows the creditor to demand immediate and full \npayment of the loan balance if the creditor has reason \nto believe that the debtor is about to default, as when the \ndebtor suddenly loses a significant source of income. \nCf. ACCELERATION CLAUSE. [Cases: Bills and Notes \n129(1); Secured Transactions C=-221.] \nin separali (in sep-Cl-ray-h), adv. & adj. [Law Latin] In \nseveral; in severalty. \ninsert, vb. Parliamentary law. To amend (a motion) by \nplacing new wording within or around the current \nwording. -Some authorities distinguish amendment \nby adding, which places new wording after the current \nwording, from amendment by inserting. See ADD; \nAMENDMENT (3). \ninside director. See DIRECTOR. \ninside information. Information about a company's \nfinancial or market situation obtained not from public \ndisclosure, but from a source within the company or \na source that owes the company a duty to keep the \ninformation confidential. Also termed insider infor\nmation. See INSIDER TRADING. [Cases: Securities Regu\nlation C=-60.28.] \ninsider. (1848) 1. Securities. A person who has knowl\nedge offacts not available to the general public. [Cases: \nSecurities Regulation C=-60.28.] \ntemporary insider. A person or firm that receives inside \ninformation in the course ofperforming profeSSional \nduties for a client.  Generally, that person or firm is \nsubject to the same proscriptions as an insider. \n2. One who takes part in the control of a corporation, \nsuch as an officer or director, or one who owns 10% \nor more of the corporation's stock. 3. Bankruptcy. An \nentity or person who is so closely related to a debtor \nthat any deal between them will not be considered an \narm's-length transaction and will be subject to close \nscrutiny. [Cases: BankruptcyC=-2827.] \ninsider dealing. See INSIDER TRADING. \ninsider information. See INSIDE INFORMATION. \ninsider preference. See PREFERENCE. \ninsider report. See REPORT (1). insider trading. The use of material, non public infor\nmation in trading the shares ofa company by a corpo\nrate insider or other person who owes a fidUciary duty \nto the company . This is the classic definition. The \nSupreme Court has also approved a broader definition, \nknown as the \"m isappropriation theory\": the deceitful \nacquisition and misuse of information that properly \nbelongs to persons to whom one owes a duty. Thus, \nunder the misappropriation theory, it is insider trading \nfor a lawyer to trade in the stock of XYZ Corp. after \nlearning that a client ofthe lawyer's firm is planning a \ntakeover ofXYZ. But under the classic definition, that \nis not insider trading because the lawyer owed no duty \nto XYZ itself. Also termed insider dealing. [Cases: \nSecurities Regulation (;::::>60.28.] \n'''What is insider trading?' The term is probably best defined, \nto the extent any definition is adequate, as 'the purchase or \nsale of securities on the basis of material, non-pUblic infor \nmation.' What counts as 'non-public information'? What \nnon-pUblic information can be deemed 'material'? When \nis a trader who is in possession of material, non-public \ninformation trading 'on the baSis of' that information? Must \nthe information be about the company whose securities are \nbeing purchased or sold? What characteristics establish \n'insider' status sufficient to warrant legal proscriptions of \ntrading? These are all questions that are derived from the \ndefinition of insider trading just offered ....\" C. Edward \nFletcher, Materials on the Law ofInsider Trading 3 (1991). \n\"A number of different parties may be subject to a variety \nof monetary penalties under the federal securities laws \nfor engaging in illegal insider trading. These parties may \ninclude actual traders, their tippers, as well as broker \ndealers and investment advisors (when they fail to take \nappropriate steps to prevent the insider trading violation(s) \nor fail to maintain and enforce policies and procedures \nreasonably designed to prevent the occurrence of such \ntrading). Measures that may be ordered include (1) requir \ning the subject party to 'disgorge' the iIIgotten profits (or \nloss avoided) in an SEC enforcement action, (2) subjecting \nindividuals to a maximum criminal fine of $1 million and 10 \nyears imprisonment, and (3) in an SEC enforcement action, \nwithin a court's discretion, ordering the subject party to \npay into the U.S. Treasury a treble damage penalty amount\ning to three times the profit gained or loss avoided.\" Marc \nI. Steinberg, Understanding Securities Law 277-78 (2d ed. \n1996). \ninsidiatio viarum (in-sid-ee-ay-shee-oh vI-air-Clm). \n[Latin \"ambush on the highway\"] Rist. The crime of \nwaylaying someone along the roadway. See LATROCI\nNATION; HIGHWAYMAN. \ninsilium (in-sil-ee-Clm). (Law Latin] Hist. Pernicious \nadvice or counsel. \nin simili materia (in sim-d-II ma-teer-ee-a), adv. & adj. \n(Law Latin] Of the same or a similar subject matter. \ninsimul (in-sim-dl or in-si-mal), adv. [Latin] Together, \njOintly. \ninsimul computassent (in-sim-Cll or in-si-miJI kahm\npyoo-tas-Clnt). [Law Latin \"they accounted together\"] \nHist. A count in an assumpsit action asserting that the \nparties had reviewed their accounts and that the defen\ndant voluntarily agreed to pay the amount sought by \nthe plaintiff . This term derives from the initial words \nofthe count. \n\n867 inspeximus \ninsimul tenuit (in-sim-~l or in-si-mCll ten-yoo-it)."}
{"text": "peximus \ninsimul tenuit (in-sim-~l or in-si-mCll ten-yoo-it). \n[Law Latin \"he held together\"] Hist. A writ brought \nby a coparcener to recover a fee tail alienated by an \nearlier tenant; a type offormedon in the descender. See \nformedon in the descender under FORMEDON. \ninsinuare (in-sin-yoo-air-ee), vb. [Latin] Roman & civil \nlaw. To register; to deposit (an instrument) with a \npublic registry. \ninsinuatio (in-sin-yoo-ay-shee-oh). [Law Latin) Hist. \nInformation or suggestion. This term sometimes \nappeared in the phrase ex insinuatione (\"on the infor\nmation\"), which is the precursor to the modern on irifor\nmation and belief See INFORMATION AND BELIEF. \ninsinuation (in-sin-yoo-ay-shCln). Civil law. 1. 'The act of \ndepositing (an instrument) with a public registry for \nrecording. 2. A document that evidences a donation \nofproperty. \ninsinuation of a will. Civil law. The first production of \na will for probate. \ninsist, vb. (Of a house in a bicameral legislature) to \nreaffirm (an amendment) that the other house has \nconsidered but in which it has not concurred, or to \nreaffirm nonconcurrence in an amendment from which \nthe other house has not receded . An insistence often \nresults in a request for a conference. See CONCUR (4); \nCONFERENCE (2); RECEDE. -insistence, n. \n\"When one house refuses to recede from its amendments, \nthe bill is not thereby lost, because the house may vote \nto insist upon its amendments. A message is sent to the \nother house stating that the house has insisted upon its \namendments and is usually accompanied by a request for \nconference. When one house insists upon its amendments, \nthe other house may then insist upon its nonconcurrence \nin the amendments and request a conference or recede \nfrom its nonconcurrence and concur in the amendments, \nwhich would constitute a final passage of the bill with the \namendments.\" National Conference of State legislatures. \nMason's Manual ofLegislative Proceaure  768, at 556-57 \n(2000). \nin solido (in sol-Cl-doh). [Latin \"as a whole\"] (Of an obli\ngation) creating joint and several liability . The term \nis used in most civil-law jurisdictions, but no longer in \nLouisiana. -Also termed in solidum. See SOLIDARY. \nin solidum (in sol-d-ddm). See IN SOLIDO. \nin solo (in soh-Ioh), adv. & adj. [Latin] In the soil or \nground. \nin solo alieno (in soh-loh ay-Iee-ee-noh or al-ee-), adv. \n& adj. [Latin] In another's ground. \nin solo proprio (in soh-Ioh proh-pree-oh), adv. & adj. \n(Latin] In one's own ground. \nin solutum (in sa-Ioo-tdm). [Latin] Hist. In payment. \ninsolvency, n. (17c) 1. The condition of being unable \nto pay debts as they fall due or in the usual course of \nbusiness. 2. The inability to pay debts as they mature. \nAlso termed failure to meet obligations;failing circum\nstances. See BANKRUPTCY (2). Cf. SOLVENCY. \nbalance-sheet insolvency. Insolvency created when \nthe debtor's liabilities exceed its assets . Under \nsome state laws, balance-sheet insolvency prevents a corporation from making a distribution to its share\nholders. Also termed balance-sheet test. \nequity insolvency. Insolvency created when the debtor \ncannot meet its obligations as they fall due . Under \nmost state laws, equity insolvency prevents a corpora\ntion from making a distribution to its shareholders. \ninsolvency law. A statute that provides relief to a debtor \nwho lacks the means to pay creditors . The term is \nsometimes used interchangeably with bankruptcy law \nbecause legislative drafting may not produce a bright\nline distinction. Also termed insolvent law. Cf. \nBANKRUPTCY LAW (2). \ninsolvency proceeding. Archaic. A bankruptcy proceed\ning to liquidate or rehabilitate an estate. See BANK\nRUPTCY (1). \ninsolvent, adj. (16c) (Of a debtor) haVing liabilities that \nexceed the value ofassets; having stopped paying debts \nin the ordinary course of business or being unable to \npay them as they fall due. insolvent, n. \ninsolvent law. See INSOLVENCY LAW. \nin spe (in spee). [Latin] Hist. In hope. \nin specie (in spee-shee-ee or spee-shee). [Latin\" in kind\"] \nIn the same or like form; IN KIND <the partners were \nprepared to return the borrowed items in specie>. \ninspectator. Archaic. A prosecutor, adversary, or inspec\ntor. \ninspectio corporis (in-spek-shee-oh kor-pdr-is). [Latin] \nHist. An inspection of the person. An inspectio \ncorporis was an actual physical examination, the \nperformance of which was rarely allowed except in \nextreme cases, such as one involVing the concealment \nof pregnancy. \ninspection. (14c) A careful examination of something, \nsuch as goods (to determine their fitness for purchase) \nor items produced in response to a discovery request (to \ndetermine their relevance to a lawsuit). [Cases: Inspec\ntion C=>1-7; Sales 168.J \ninspection right. (1898) The legal entitlement in certain \ncircumstances to examine articles or documents, such \nas a consumer's right to inspect goods before paying for \nthem. [Cases: Sales G 168.J \ninspection search. See administrative search under \nSEARCH. \ninspector. (17c) 1. A person authorized to inspect some\nthing. 2. A police officer who ranks below a superinten\ndent or deputy superintendent, and who is in charge of \nseveral precincts. \ninspector general. (often cap.) 1. One of several federal \nofficials charged with supervising a particular agency's \naudits or investigations. 2. A governor-appointed state \nofficial who oversees internal review within executive \nagencies to ensure that there is no waste or abuse of \nresources. \ninspeximus (in-spek-si-mds), vb. [Latin \"we have \ninspected\") Hist. A charter in which the grantor \n\ninstall 868 \nconfirms an earlier charter. -Inspeximus was the \nopening word ofthe charter. Also termed vidimus. \ninstall, vb. (l6c) To induct (a person) into an office or a \nrank <the newly elected governor was soon installed \nin office>. \ninstallment, n. (18c) A periodic partial payment of a \ndebt. \ninstallment accounting method. See ACCOUNTING \nMETHOD. \ninstallment contract. See retail installment contract \nunder CONTRACT. \ninstallment credit. See CREDIT (4). \ninstallment debt. See DEBT. \ninstallment land contract. See contract for deed under \nCONTRACT. \ninstallment loan. See LOAN. \ninstallment note. See NOTE (1). \ninstallment payment. See PAYMENT. \ninstallment plan. See INSTALLMENT SALE. \ninstallment sale. (1893) A conditional sale in which the \nbuyer makes a down payment followed by periodic \npayments and the seller retains title or a security \ninterest until all payments have been received. Also \ntermed installment plan; retail installment sale. [Cases: \nSales (;::::>82(4).] \ndisguised installment sale. Bankruptcy. A debtor's \nleasing ploy to try to keep property outside the bank\nruptcy estate, whereby a lease either presents the les\nsee-debtor with a bargain purchase option or transfers \ntitle to the lessee-debtor at the end of the lease term. \n-When such a lease is discovered, the property is \ntreated as part of the bankruptcy estate, meaning that \nto defeat competing creditors, the lessor must have \nperfected a security interest. [Cases: Bankruptcy (;::::> \n3101; Secured Transactions (::::> 10.] \ninstance, n. (14c) 1. An example or occurrence <there \nwere 55 instances of reported auto theft in this small \ncommunity last year>. 2. 'Ihe act of instituting legal \nproceedings <court offirst instance>. 3. Urgent solici\ntation or insistence <she applied for the job at the \ninstance of her friend>. \ninstance, vb. (17c) To illustrate by example; to cite \n<counsel instanced three cases for the court to \nconsider>. \ninstance court. See COURT. \ninstant, adj. This; the present (case, judgment, order, \netc.); now being discussed <the instant order is not \nappealable>. \ninstantaneous crime. See CRIME. \ninstantaneous death. See DEATH. \ninstant case. See case at bar under CASE. \ninstanter (in-stan-t;}r), adv. (17c) Instantly; at once <the \ndefendant was ordered to file its motion instanter>. \ninstant-runoff voting. See VOTING. instar (in-stahr). [Latin] Hist. Likeness; the equivalent of \na thing. -This term appeared in phrases such as instar \nomnium (\"equivalent or tantamount to all\"). \nin statu quo (in stay-t[yJoo kwoh). [Latin \"in the state in \nwhich\"] In the same condition as previously <Johnson, \nas a minor, can recover the whole of what he paid ifhe \nputs the other party in statu quo by returning all the \nvalue received>. -Also termed in statu quo ante. See \nSTATUS QUO. [Cases: Cancellation ofInstruments \n23; Contracts (::::>265.] \ninstigate, vb. (l6c) To goad or incite (someone) to take \nsome action or course. \ninstinct, adj. Archaic. Imbued or charged <the contract \nis instinct with an obligation ofgood faith>. \nin stirpes (in stdr-peez). See PER STIRPES. \ninstitor (in-sti-tor or -tdr), n. [Latin] Roman law. A \nperson, often but not always a son or slave, to whom the \ntransaction of any particular business is committed; \nesp., a shopkeeper or other person in charge of a com\nmercial business. See actio institoria under ACTIO. \ninstitorial power. See POWER (3). \ninstitute, n. 1. A legal treatise or commentary, such as \nCoke's Institutes in four volumes (published in 1628). \n2. (cap. &pl.) An elementary treatise on Roman law in \nfour books. -This treatise is one of the four compo\nnent parts of the Corpus Juris Civilis. Also termed \nInstitutes ofJustinian; Justinian's Institutes. See CORPUS \nJURIS CIVILIS. 3. (cap. & pl.) An elementary treatise \nwritten by the Roman jurist Gaius. -The Institutes, \nwritten in the second century A.D., served as a foun\ndation for the Institutes ofJustinian. -Also termed \nInstitutes ofGaius. 4. (cap. & pl.) A paraphrase ofJus\ntinian's Institutes written in Greek by Theophilus, a \nlaw professor at Constantinople who helped prepare \nthe Institutes ofJustinian. -This work was prepared \nin the sixth century A.D. -Also termed Paraphrase \nof Iheophilus; Institutes of Iheophilus. 5. Civil law. A \nperson named in a will as heir, but under directions to \npass the estate on to some other specified person (called \nthe substitute). See SUBSTITUTE (2). 6. An organization \ndevoted to the study and improvement of the law. See \nAMERICAN LAW INSTITUTE. \ninstitute, vb. (14c) To begin or start; commence <insti\ntute legal proceedings against the manufacturer>. \ninstituted heir. See testamentary heir under HEIR. \nInstitute for Telecommunication Sciences. See \nNATIONAL TELECOMMUNICATIONS AND INFORMATION \nADMINISTRATION. Abbr. ITS. \nInstitute ofMuseum and Library Services. An inde\npendent federal agency that makes grants to support \nlibraries and museums. -It was established within the \nNational Foundation on the Arts and the Humanities \nin 1996. -Abbr. IMLS. See NATIONAL FOUNDATION \nON THE ARTS AND THE HUMANITIES. \nInstitutes ofGaius. See INSTITUTE (3). \nInstitutes ofJustinian. See INSTITUTE (2). \n\n869 \nInstitutes of Theophilus. See INSTITUTE (4). \ninstitutio heredis (in-sti-t[yJoo-shee-oh h<J-ree-dis). \n[Latin] Roman law. The naming ofan heir, which was \nessential to the validity of a will; specif., the designa\ntion in a will of a person as the testator's heir. -Also \ntermed heredis institutio. \ninstitution. (14c) 1. The commencement ofsomething, \nsuch as a civil or criminal action. 2. An elementary \nrule, principle, or practice. 3. An established organi\nzation, esp. one ofa public character, such as a facility \nfor the treatment ofmentally disabled persons. -Also \ntermed public institution. [Cases: Mental Health \n31-37.]4. Civil law. A testator's appointment ofan heir; \nthe designation of an institute. See INSTITUTE (5). 5. \nEccles. law. The investiture of a cleric with a benefice, by \nwhich the cleric becomes responSible for the spiritual \nneeds of the members of a parish. Cf. PRESENTATION \n(2); ADVOWSON. \ninstitutional broker. See BROKER. \ninstitutional gerrymandering. See GERRYMANDER\nING. \ninstitutional investor. See INVESTOR. \ninstitutionalize, vb. (1865) 1. To place (a person) in \nan institution. 2. To give (a rule or practice) official \nsanction. \ninstitutional lender. A business, esp. a bank, that rou\ntinely makes loans to the general public. \ninstitutional litigant. (18"}
{"text": ", esp. a bank, that rou\ntinely makes loans to the general public. \ninstitutional litigant. (1858) An organized group that \nbrings lawsuits not merely to win but also to bring about \na change in the law or to defend an existing law. \n\"Our second observation relates to what has been called \nthe 'institutional litigant.' There are organized groups, \nsuch as labour unions or trade associations, that have a \ncontinuing interest in the development of the common law. \nA group of this sort may take a case to litigation, not so \nmuch for the sake of a determination of the case itself, \nbut for the purpose of bringing about a change in the law \nor of defending an existing rule against a change sought \nby some other group. When such groups are involved, the \nusual arguments against prospective changes in the law \nthrough judicial decisions lose much of their force. Indeed, \nwhen the litigants have this sort of long-term interest, a \njudicial proceeding may take on, with the assent of all \ninvolved, something of the nature of a legislative hearing.\" \nLon L. Fuller, Anatomy ofthe Law 163 (1968). \ninstitutional market. See MARKET. \ninstitutiones (in-sti-t[y]oo-shee-oh-neez), n. [Latin] \nRoman law. Elementary works of law; institutes. See \nI:-<STITUTE_ \ninstruct, vb. See JURY CHARGE (3). \ninstruct down. Missouri law. (Of a court) to give jurors \nan instruction on a lesser included offense . A court \nmust instruct down only if the jury could find the \ndefendant not guilty of the higher offense but guilty \nofthe lesser one. \ninstructed delegate. See DELEGATE. \ninstructed verdict. See directed verdict under VERDICT. \ninstruction. See JURY INSTRUCTION. instrument \ninstructional text. Copyright. A literary, graphic, or pic\ntorial work deSigned and prepared for use in ordinary \nteaching activities. See 17 USCA  101. \ninstruction directive. A document that contains specific \ndirections concerning the declarant's wishes for health\ncare decisions. Cf. ADVANCE DIRECTIVE; LIVING WILL; \nPROXY DIRECTIVE. \ninstrument. (I5c) 1. A written legal document that \ndefines rights, duties, entitlements, or liabilities, such \nas a contract, will, promissory note, or share certifi\ncate. -Also termed legal instrument. \n\"An 'instrument' seems to embrace contracts, deeds, \nstatutes, wills, Orders in CounCil, orders, warrants, \nschemes, letters patent, rules, regulations, bye-laws, \nwhether in writing or in print, or partly in both; in fact, \nany written or printed document that may have to be inter \npreted by the Courts.\" Edward Seal, Cardinal Rules ofLegal \nInterpretation 55 (A.E. Randall ed., 3d ed. 1924). \nstatutory instrument. See STATUTORY INSTRUMENT. \ntestamentary instrument. See WILL. \n2. Commercial law. An unconditional promise or \norder to pay a fixed amount of money, with or without \ninterest or other fixed charges described in the promise \nor order. -Under the UCC, a promise or order must \nmeet several other specifically listed requirements to \nqualify as an instrument. UCC  3-104(a). See NEGO\nTIABLE INSTRUMENT. 3. A means by which something \nis achieved, performed, or furthered <an instrument \nof social equality>. \ninchoate instrument. (1834) An unrecorded instru\nment that must, by law, be recorded to serve as effec\ntive notice to third parties . Until the instrument is \nrecorded, it is effective only between the parties to \nthe instrument. \nincomplete instrument. (1822) A paper that, although \nintended to be a negotiable instrument, lacks an \nessential element . An incomplete instrument may \nbe enforced if it is subsequently completed. UCC  \n3-115. [Cases: Bills and Notes <::=> 144.] \nindispensable instrument. The formal written evidence \nofan interest in intangibles, so necessary to repre\nsent the intangible that the enjoyment, transfer, or \nenforcement of the intangible depends on possession \nofthe instrument. \nperfect instrument. (I8c) An instrument (such as a \ndeed or mortgage) that is executed and filed with a \npublic registry. \nsealed instrument. At common law and under some \nstatutes, an instrument to which the bound party has \naffixed a personal seal, usu. recognized as providing \nindisputable evidence ofthe validity ofthe underlying \nobligations. Many states have abolished the com\nmon-law distinction between sealed and unsealed \ninstruments.lbe UCC provides that the laws appli\ncable to sealed instruments do not apply to negotiable \ninstruments or contracts for the sale ofgoods. UCC \n 2-203. Cf. contract under seal under CONTRACT. \n[Cases: Contracts Seals <::=> 1.] \n\n870 instrumental crime \n\"At common law, the seal served to render documents \nindisputable as to the terms of the underlying obligation, \nthereby dispensing with the necessity of witnesses; the \nsealed instrument was considered such reliable evidence \nthat it actually became the contract itself -called a 'spe\ncialty' -the loss of which meant loss of all rights of the \nobligee against the obligor. The seal also had many other \nconsequences at common law, some of which have been \nretained in jurisdictions which still recognize the seal .... \nIn states where the seal is still recognized, its primary legal \nsignificance is often the application of a longer statute of \nlimitations to actions on sealed instruments.\" 69 Am. Jur. \n2d Seals  2, at 617-18 (1993). \ninstrumental crime. See CRIME. \ninstrumentality, n. 1. A thing used to achieve an end \nor purpose. 2. A means or agency through which a \nfunction of another entity is accomplished, such as a \nbranch of a governing body. \ninstrumentality rule. The principle that a corporation \nis treated as a subsidiary if it is controlled to a great \nextent by another corporation. -Also termed instru\nmentality theory. \ninstrumenta noviter reperta (in-str;)-men-t;) noh-v;)-t;)r \nri-p;)r-t;)). [Law Latin] Hist. Instruments newly discov\nered. See EX INSTRUMENTIS DE NOVO REPERTIS. \ninstrument ofaccession. Int'llaw. A document formally \nacknowledging the issuing state's consent to an existing \ntreaty, and exchanged with the treaty parties or depos\nited with a designated state or international organiza\ntion. See ACCESSION (3). \ninstrument of appeal. Hist. English law. A document \nused to appeal a judgment ofdivorce rendered by a trial \njudge of the Probate, Divorce and Admiralty Division \nto the full panel of the court. The use of the instru\nment ofappeal ended in 1881, when appeals were taken \nto the Court ofAppeal rather than the full panel ofthe \nProbate, Divorce and Admiralty Division. \ninstrument ofcrime. See CRIMINAL INSTRUMENT. \ninstrument of ratification. Int'llaw. A document \nformally acknowledging the issuing state's confir\nmation and acceptance of a treaty, and exchanged by \nthe treaty parties or deposited with a deSignated state \nor international organization. See RATIFICATION (4). \n[Cases: Treaties (::::e3.] \ninstrumentum (in-stroo-men-t;)m). [Latin] Hist. A \ndocument, deed, or instrument; esp., a document that \nis not under seal, such as a court roll. \ninsubordination. (I8c) 1. A willful disregard of an \nemployer's instructions, esp. behavior that gives the \nemployer cause to terminate a worker's employment. \n[Cases: Labor and Employment (::::e766.] 2. An act of \ndisobedience to proper authority; esp., a refusal to obey \nan order that a superior officer is authorized to give. \nin subsidium (in s;)b-sid-ee-;)m). [Latin] Hist. In aid of. \ninsufficient evidence. See EVIDENCE. \ninsufficient funds. See NOT SUFFICIENT FUNDS. \ninsula (in-s[y];)-l;)), n. [Latin] Roman law. 1. An island. \n2. A detached house or block of apartments leased to \ntenants. insular, adj. (I7c) 1. Of, relating to, from, or constituting \nan island <insular origin>. 2. Isolated from, uninter\nested in, or ignorant of things outside a limited scope \n<insular viewpoint>. \ninsular area. A territory or commonwealth . This \nphrase is used by some writers to denote the genus \nof which the terms territory and commonwealth are \nspecies. See COMMONWEALTH (2); TERRITORY (1). \ninsular court. See COURT. \ninsular possession. See POSSESSION. \nin suo (in s[y]oo-oh). [Latin] Hist. In reference to one's \nown affairs. \nin suo genere (in s[y]oo-oh jen-;)r-ee). [Latin] Hist. Of \ntheir own kind. The phrase usu. referred to certain \nwritings that were binding even though they lacked the \nformal requirements. \nin suo ordine (in s[y]oo-oh or-d;)-nee). [Latin] Hist. In \nhis order. \n\"In suo ordine .... A cautioner who is entitled to the \nbenefit of discussion can only be called upon, for fulfilment \nof the obligation which he guaranteed, in his order -that \nis, after the principal creditor has been discussed. So, \nalso, an heir can only be made liable for the moveable \ndebts of his ancestor, after the executor who succeeded \nto the moveable estate has been discussed, and where \nthe moveable estate has proved insufficient to meet those \ndebts.\" John Trayner, TrayneY's Latin Maxims 277 (4th ed. \n1894). \ninsurable, adj. Able to be insured <an insurable risk>. \ninsurability, n. \ninsurable interest. See INTEREST (2). \ninsurable value. The worth of the subject ofan insurance \ncontract, usu. expressed as a monetary amount. [Cases: \nInsurance (::::e2171.] \ninsurance. (17c) 1. A contract by which one party (the \ninsurer) undertakes to indemnify another party (the \ninsured) against risk ofloss, damage, or liability arising \nfrom the occurrence of some specified contingency, \nand usu. to defend the insured or to pay for a defense \nregardless of whether the insured is ultimately found \nliable. An insured party usu. pays a premium to the \ninsurer in exchange for the insurer's assumption ofthe \ninsured's risk. Although indemnification provisions \nare most common in insurance policies, parties to any \ntype of contract may agree on indemnification arrange\nments. [Cases: Insurance (::::e 1001.] 2. The amount for \nwhich someone or something is covered by such an \nagreement. -insure, vb. \n\"Insurance, or as it is sometimes called, assurance, is a \ncontract by which one party, for a conSideration, which \nis usually paid in money either in one sum or at different \ntimes during the continuance of the risk, promises to make \na certain payment of money upon the destruction or injury \nof something in which the other party has an interest. In \nfire insurance and in marine insurance the thing insured is \nproperty; in life or accident insurance it is the life or health \nof the person.\" 1 George J. Couch, Couch on Insurance  \n1.2, at 4-5 (2d ed. 1984). \naccident and health insurance. See health insurance. \n\n871 \naccident insurance. Insurance that indemnifies against \nbodily injury caused by an accident.  Covered losses \nmay include expenses, time, suffering, or death. Cf. : \ncasualty insurance. [Cases: Insurance C=1012.] \naccounts-receivable insurance. 1. Insurance against \nlosses resulting from the insured's inability to collect \noutstanding accounts receivable because ofdamage to \nor destruction ofrecords. 2. See credit insurance. \nadditional insurance. Insurance added to an existing \npolicy. \nall-risk insurance. Insurance that covers every kind of \ninsurable loss except what is specifically excluded. \nannuity insurance. An agreement to pay the insured \n(or annuitant) for a stated period or for life. [Cases: \nAnnuities \nassessable insurance. 1. Insurance in which the insured \nis liable for additional premiums ifa loss is unusually \nlarge. 2. See assessable policy (1) under INSURANCE \nPOLICY. \nassessment insurance. A type of mutual insurance \nin which the policyholders are assessed as losses are \nincurred; a policy in which payments to an insured \nare not unalterably fixed, but are dependent on the \ncollection ofassessments necessary to pay the amount \ninsured. \nautomobile insurance. An agreement to indemnify \nagainst one or more kinds ofloss associated with the \nuse of an automobile, including damage to a vehicle \nand liability for personal injury. [Cases: Insurance \nC=10l5.] \naviation insurance. Insurance that protects the insured \nagainst a loss connected with the use of an aircraft. \n This type of insurance can be written to cover a \nvariety of risks, including bodily injury, property \ndamage, and hangarkeepers' liability. [Cases: Insur\nance C=2329.] \nbroad-form insurance. (1959) Comprehensive insur\nance. This type of insurance usu. takes the form \nof an endorsement to a liability or property policy, \nbroadening the coverage that is typically available. \nbumbershoot insurance. 1. Marine insurance that \nprovides broad coverage for ocean marine risks. 2. \nSee umbrella insurance .  This term derives from \nthe British slang tecm for umbrella. The term applies \nesp. to a policy insured through the London insur\nance market. See umbrella policy under INSURANCE \nPOLICY. \nburial insurance. Insurance that pays for the holder's \nburial and funeral expenses. \nbusiness-interruption insurance. An agreement to \nprotect against one or more kinds of loss from the \ninterruption ofan ongoing business, such as a loss of \nprofits while the business is shut down to repair fire \ndamage. [C"}
{"text": "ruption ofan ongoing business, such as a loss of \nprofits while the business is shut down to repair fire \ndamage. [Cases: Insurance G=::>2163, 2179.] \nbusiness-partner insurance. See partnership insur\nance. insurance \ncaptive insurance. 1. Insurance that provides coverage \nfor the group or business that established it. [Cases: \nInsurance G-:::: lIn.] 2. Insurance that a subsidiary \nprOVides to its parent company, usu. so that the parent \ncompany can deduct the premiums set aside as loss \nreserves. \ncargo insurance. An agreement to pay for damage to \nfreight damaged in transit. [Cases: Insurance C= \n2137(3),2217.] \ncasualty insurance. An agreement to indemnify against \nloss resulting from a broad group of causes such as \nlegal liability, theft, accident, property damage, and \nworkers' compensation . 'Ihe meaning ofcasualty \ninsurance has become blurred because of the rapid \nincrease in different types of insurance coverage. \nCf. accident insurance. [Cases: Insurance 1008; \nWorkers' Compensation C=1061.] \ncoinsurance. (1889) 1. Insurance provided jointly by \ntwo or more insurers. 2. Insurance under which the \ninsurer and insured jointly bear responsibility . An \nexample is commercial insurance under which only \na portion of a property's value is covered, and the \nproperty owner assumes liability for any loss in excess \nofthe policy limits. [Cases: Insurance G=::>2170.J \ncollision insurance. (1921) Automobile insurance that \ncovers damage to the insured's vehicle resulting from \na rollover or collision with any object, but does not \ncover a personal injury or damage to other property. \n[Cases: Insurance G=::> 2704.] \ncommercial insurance. 1. An indemnity agreement in \nthe form of a deed or bond to protect against a loss \ncaused by a party's breach of contract. 2. A form of \ncoverage that allows an insurer to adjust the premium \nrates at will, and doesn't require the insured to accept \nthe premium or renew the coverage from period to \nperiod. \n\"Commercial insurance is a popular and very elastic term, \nhaving reference to indemnity agreements issued in the \nform of an insurance bond or policy, whereby parties to \ncommercial contracts are, to a deSignated extent, guar\nanteed against loss by reason of a breach of contractual \nobligations on the part of the other contracting party. To \nthis class belong poliCies of 'contract,' 'credit,' and 'title' \ninsurances.\" Thomas Gold Frost, A Treatise on Guaranty \nInsurance  3, at 14 (2d ed. 1909). \ncomprehensive general-liability insurance. Insurance \nthat broadly covers an insured's liability exposure, \nincluding product liability, contractual liability, and \npremises liability. -Abbr. CGL insurance. \ncomprehensive insurance. (1924) Insurance that \ncombines coverage against many kinds oflosses that \nmay also be insured separately . This is commonly \nused, for example, in an automobile-insurance \npolicy. \ncompulsory insurance. (1887) Statutorily required \ninsurance; esp., motor-vehicle liability insurance that \na state requires as a condition to register the vehicle. \n[Cases: Automobiles G=::>43.] \n\ninsurance 872 \nconvertible collision insurance. Collision insurance \nthat carries a low premium until a claim is made \nagainst the policy. \nconvertible insurance. (1926) Insurance that can be \nchanged to another form without further evidence \nofinsurability, usu. referring to a term-life-insurance \npolicy that can be changed to permanent insurance \nwithout a medical examination. [Cases: Insurance \nC:=-1908-1911.] \ncredit insurance. An agreement to indemnify against \nloss that may result from the death, disability, or \ninsolvency of someone to whom credit is extended. \n A debtor typically purchases this type ofinsurance \nto ensure the repayment of the loan. -Also termed \naccounts-receivable insurance. \ncredit life insurance. See LIFE INSURANCE. \ncrime insurance. Insurance covering losses occasioned \nby a crime committed by someone other than the \ninsured. \ncrop insurance. Insurance that protects against loss to \ngrowing crops from natural perils such as hail and \nfire. [Cases: Insurance <::-'\"\"\"\"::'2203-2208.] \nD&O insurance. See directors' and officers' liability \ninsurance. \ndecreasing term insurance. Insurance that declines in \nvalue during the term; esp., life insurance that lessens \nin value to zero by the end ofthe term. \ndeposit insurance. (1933) A federally sponsored indem\nnification program to protect depositors against the \nloss oftheir money, up to a specified maximum, ifthe \nbank or savings-and-loan association fails or defaults. \n[Cases: Banks and Banking C:=-506.] \ndirectors and officers' liability insurance. An agree\nment to indemnify corporate directors and officers \nagainst judgments, settlements, and fines arising \nfrom negligence suits, shareholder actions, and other \nbusiness-related suits. -Often shortened to D&O \nliability insurance; D&O insurance. [Cases: Insurance \nC:=-2377.] \ndisability insurance. Coverage purchased to protect \na person from a loss of income during a period of \nincapacity for work. See general-disability insurance; \noccupational-disability insurance. [Cases: Insurance \nC:=-1012, 2534-2579.] \ndouble insurance. (l8c) Insurance coverage by more \nthan one insurer for the same interest and for the \nsame insured. Except with life insurance, the \ninsured is entitled to only a single indemnity from \na loss, and to recover this, the insured may either (1) \nsue each insurer for its share of the loss, or (2) sue one \nor more ofthe insurers for the entire amount, leaving \nany paying insurers to recover from the others their \nrespective shares of the loss. \ndread-disease insurance. Health insurance that covers \nmedical expenses arising from the treatment of any \nof several specified diseases. e-commerce insurance. Insurance that covers a busi\nness's computer-related damages and losses caused \nby computer hackers and Internet viruses . Covered \ndamages usu. include physical destruction or harm to \ncomputer circuitry, loss of access, loss of use, loss of \nfunctionality, and business interruption. \nemployers'-liability insurance. 1. An agreement \nto indemnify an employer against an employee's \nclaim not covered under the workers' -compensation \nsystem. 2. An agreement to indemnify against liabil\nity imposed on an employer for an employee's neg\nligence that injures a third party. [Cases: Insurance \nC:=-2317.] \nemployment-practices liability insurance. Insurance \nthat provides coverage for claims arising from an \ninsured's injury-causing employment practice, such \nas discrimination, defamation, or sexual harass\nment. -Abbr. EPL insurance. \nendowment insurance. A type oflife insurance that is \npayable either to the insured at the end of the policy \nperiod or to the insured's beneficiary if the insured \ndies before the period ends. See endowment life insur\nance under LIFE INSURANCE. \nerrors-and-omissions insurance. An agreement to \nindemnify for loss sustained because ofa mistake or \noversight by the insured -though not for loss due to \nthe insured's intentional wrongdoing . For example, \nlawyers often carry this insurance as part oftheir mal\npractice coverage to protect them in suits for damages \nresulting from inadvertent mistakes (such as missing \na procedural deadline). While this insurance does not \ncover the insured's intentional wrongdoing, it may \ncover an employee's intentional, but unauthorized, \nwrongdoing. -Often shortened to E&O insurance. \n[Cases: Insurance C:=-2383.] \nexcess insurance. (1916) An agreement to indemnify \nagainst any loss that exceeds the amount ofcoverage \nunder another policy. -Also termed excess policy. \nCf. primary insurance. See EXCESS CLAUSE. [Cases: \nInsurance C:=-2110, 2394.] \nexcess-lines insurance. See surplus-lines insurance. \nextended insurance. Insurance that continues in force \nbeyond the date that the last premium was paid by \ndrawing on its cash value. \nextended-term insurance. (1925) Insurance that \nremains in effect after a default in paying premiums, \nas long as the policy has cash value to pay premiums. \n Many life-insurance policies provide this feature to \nprotect against forfeiture of the policy if the insured \nfalls behind in premium payments. \nfamily-income insurance. An agreement to pay benefits \nfor a stated period following the death ofthe insured. \n At the end of the payment period, the face value is \npaid to the designated beneficiary. \nfidelity insurance. An agreement to indemnify an \nemployer against a loss arising from the lack ofinteg\nrity or honesty ofan employee or ofa person holding a \n\n873 insurance \nposition oftrust, such as a loss from embezzlement. \nAlso termed fidelity guaranty insurance; fidelity and \nguaranty insurance; surety and fidelity insurarlce. \n[Cases: Insurance 0:::> 1014.] \nfire insurance. An agreement to indemnify against \nproperty damage caused by fire, wind, rain, or other \nsimilar disaster. [Cases: Insurance Cr~1009.) \nfirst-party insurance. (1953) A policy that applies to \nan insured or the insured's own property, such as life \ninsurance, health insurance, disability insurance, and \nfire insurance. Also termed indemnity insurance; \nself-insurance. \nfleet insurance. Insurance that covers a number of \nvehicles owned by the same entity. \nfloater insurance. An agreement to indemnify against \na loss sustained to movable property, wherever its \nlocation within the territorial limit set by the policy. \nflood insurance. Insurance that indemnifies against \na loss caused by a flood . This type of insurance is \noften sold privately but subsidized by the federal gov\nernment. [Cases: Insurance 0:::>2209-2213.] \nfraternal insurance. Life or health insurance issued by \na fraternal benefit society to its members. \ngeneral-disability insurance. Disability insurance that \nprovides benefits to a person who cannot perform any \njob that the person is qualified for. Also termed \ntotal-disability insurance. Cf. occupational-disability \ninsurance. [Cases: Insurance C=2561.] \ngovernment insurance. Life insurance underwritten \nby the federal government to military personnel, \nveterans, and government employees. \ngroup insurance. A form of insurance offered to \na member of a group, such as the employees of a \nbusiness, as long as that person remains a member of \nthe group . Group insurance is typically health or \nlife (usu. term life) insurance issued under a master \npolicy between the insurer and the employer, who \nusu. pays all or part of the premium for the insured \nperson. Other groups, such as unions and associa\ntions, often offer group insurance to their members. \n\"'Group Insurance' refers to a method of marketing \nstandard forms of insurance, such as life insurance, \nwhereby a master policy is issued to the party negotiating \nthe contract with the insurer (frequently an employer), and \ncertificates of partici pation are issued to the individual \ninsured members of the group (frequently employees).\" \nJohn F. Dobbyn, Insurance Law in a Nutshell 13 (2d ed. \n1989). \nguaranty insurance (gar-,:m-tee). An agreement to \ncover a loss resulting from another's default, insol\nvency, or specified misconduct. Also termed surety \ninsurance. [Cases: Insurance ~-::>1014.] \n\"The term 'guaranty insurance' is generic in its scope and \nSignification, and embraces within it those subsidiary \nspecies of insurance contracts known as 'fidelity,' 'com\nmerCial,' and 'judicial' insurances .... In legal acceptation \nguaranty insurance is an agreement whereby one party \n(called the 'insurer') for a valuable consideration (termed \nthe 'premium') agrees to indemnify another (called the \n'insured') in a stipulated amount against loss or damage arising through dishonesty, fraud, unfaithful perfor\nmance of duty or breach of contract on the part of a third \nperson ... sustaining a contractual relationship to the \nparty thus indemnified.\" Thomas Gold Frost, A Treatise on \nGuaranty Insurance  1, at 11 (2d ed. 1909). \nhealth insurance. Insurance covering medical expenses \nresulting from sickness or injury. -Also termed \naccident and health insurance; sickness and accident \ninsurance. [Cases: Insurance <>1012.) \nhomeowner's insurance. Insurance that covers both \ndamage to the insured's residence and liability claims \nmade against the insured (esp. those arising from the \ninsured's negligence). \nindemnity insurance. See first-party insurance. \nindustrial life insurance. See LIFE INSURANCE. \ninland marine insurance. An agreement to indemnify \nagainst losses arising from the transport of goods on \ndomestic waters (Le., rivers, canals, and lakes). Cf. \nocean marine insurance. \ninsurance ofthe person. Insurance intended to protect \nthe person, such as life, accident, and disability insur\nance. \ninterinsurance. See reciprocal insurance. \njoint life insurance. See LIFE INSURA.NCE. \njudicial insurance. Insurance intended to protect liti\ngants and others involved in the court system. \n\"By judicial insurance reference is had to insurance bonds \nor policies issued, in connection with the regular course \nofjudicial or administrative procedure"}
{"text": "judicial insurance reference is had to insurance bonds \nor policies issued, in connection with the regular course \nofjudicial or administrative procedure, for the purpose \nof securing the faithful performance of duty on the part \nof court appointees, to guarantee due compliance with \nthe terms of undertakings entered into by parties litigant \nbefore the courts, and to secure proper administration of \nstatute law.\" Thomas Gold Frost, A Treatise on Guaranty \nInsurance  3, at 14 (2d ed. 1909). \nkey-employee insurance. See key-employee life insur\nance under LIfE INSURANCE. \nlast-survivor insurance. See last-survivor life insurance \nunder LIFE INSURANCE. \nlease insurance. An agreement to indemnify a lease\nholder for the loss of a favorable lease terminated by \ndamage to the property from a peril covered by the \npolicy. The amount payable is the difference between \nthe rent and the actual rental value of the property, \nmultiplied by the remaining term ofthe lease. \nlevel-premium insurance. Insurance whose premiums \nremain constant throughout the life of the agreement. \n Most whole life policies are set up this way. \nliability insurance. An agreement to cover a loss result\ning from the insured's liability to a third party, such \nas a loss incurred by a driver who injures a pedes\ntrian. The insured's claim under the policy arises \nonce the insured's liability to a third party has been \nasserted. Also termed third-party insurance; pub\nlic-liability insurance. [Cases: Insurance 0:::> 1010.] \nlife insurance. See LIFE INSURANCE. \nlimited-policy insurance. Insurance that covers only \nspecified perils; esp., health insurance that covers a \n\ninsurance 874 \nspecific type ofillness (such as dread-disease insur\nance) or a risk relating to a stated activity (such as \ntravel-accident insurance). \nLloyd's insurance. (1897) Insurance provided by \ninsurers as individuals, rather than as a corporation. \n The insurers' liability is several but not joint. Most \nstates either prohibit or strictly regulate this type of \ninsurance. See LLOYD'S OF LONDON. [Cases: Insur\nance 1220.] \nloss insurance. Insurance purchased by a person who \nmay suffer a loss at the hands ofanother. This is the \nconverse of liability insurance, which is purchased by \npotential defendants. \nmalpractice insurance (mal-prak-tis). (1943) An \nagreement to indemnify a professional person, such \nas a doctor or lawyer, against negligence claims. See \nerrors-and-omissions itlSurance. [Cases: Insurance \n\"Most contemporary lawyers regard malpractice insurance \nas an expensive, but essential, part of law practice. Its cost, \nalong with other costs of the lawyer's trade, is ultimately \nborne by the consumer, the client who pays the lawyer's \nfees.. , . Neither the ABA Code nor the ABA Model Rules \nimpose an ethical obligation to carry adequate malprac\ntice insurance. But contemporary lawyers have found it \nprudent to do so, both to protect their personal assets \nand to promote their public image as reliable professionals \nwho are financially responsible.\" Mortimer D. Schwartz & \nRichard C. Wydick, Problems in Legal Ethics 127-28 (2d \ned,1988). \nmanual-rating insurance. A type of insurance whereby \nthe premium is set using a book that classifies certain \nrisks on a general basis, rather than evaluating each \nindividual case. \nmarine insurance. An agreement to indemnify against \ninjury to a ship, cargo, or profits involved in a certain \nvoyage or for a specific vessel during a fixed period, or \nto protect other marine interests. [Cases: Insurance \n(::::'2214-2256.] \nmedigap insurance. See MEDIGAP INSURANCE. \nmortgage insurance. 1. An agreement to payoff a \nmortgage if the insured dies or becomes disabled. \n[Cases: Insurance C=:c2405; Mortgages C=:c20L] 2. An \nagreement to provide money to the lender ifthe mort\ngagor defaults on the mortgage payments. -Also \ntermed private mortgage insurance (abbr. PMI). \nmutual insurance. A system of insurance (esp. life \ninsurance) whereby the policyholders become \nmembers of the insurance company, each paying \npremiums into a common fund from which each can \ndraw in the event of a loss. \nnational-service life insurance. See LIFE INSURANCE. \nno-fault auto insurance. An agreement to indemnify \nfor a loss due to personal injury or property damage \narising from the use of an automobile, regardless \nof who caused the accident. [Cases: Insurance \n2817-2856,] nonassessable insurance. Insurance in which the \npremium is set and the insurer is barred from \ndemanding additional payments from the insured. \noccupational-disability insurance. Disability insur\nance that provides benefits to a person who cannot \nperform his or her regular job. [Cases: Insurance C=:c \n2561(2).] \noccurrence-based liability insurance. Insurance that \ncovers bodily injuries or property damage suffered \nduring the policy period . Each instance of injury \nor damage is an \"occurrence\" that may trigger an \ninsured's entitlement to benefits. The terms ofoccur\nrence-based liability insurance policies are usu. broad, \nlimited only by specific exclusions. Also termed \naccident-based insurance. [Cases: Insurance (,,2264, \n2265.] \nocean marine insurance. Insurance that covers risks \narising from the transport of goods by sea. Cf. \ninland marine itlSurance. [Cases: Insurance \n2214-2256.] \nold-age and survivors' insurance. See OLD-AGE AND \nSURVIVORS' INSURANCE. \nordinary insurance. See ordinary life insurance under \nLIFE INSURANCE, \nordinary life insurance. See LIFE INSURANCE. \noverinsurance. See OVERINSURANCE. \npaid-up insurance. (1871) Insurance that remains in \neffect even though no more premiums are due. \nparticipating insurance. A of insurance that \nallows a policyholder to dividends. This \ninsurance is invariably issued by a mutual company. \npartnership insurance. 1. Life insurance on the life of a \npartner, purchased to ensure the remaining partners' \nability to buyout a deceased partner's interest. Also \ntermed partnership life insurance. 2. Health insurance \nfor a partner, payable to the partnership to allow it \nto continue to operate while the partner is unable to \nwork due to illness or injury. Also termed (in both \nsenses) business-partner insurance. \npatent insurance (pat-ant). 1. Insurance against \nloss from an infringement of the insured's patent. \n2. Insurance against a claim that the insured has \ninfringed another's patent. 3. Insurance that funds a \nclaim against a third party for infringing the insured's \npatent. \nport-risk insurance. Insurance on a vessel lying in port. \nCf. time insurance; voyage insurance. \nprimary insurance. Insurance that attaches immedi\nately on the happening ofa loss; insurance that is not \ncontingent on the exhaustion ofan underlying policy. \nCf. excess insurance. [Cases: Insurance C=:c,2110.] \nprivate mortgage insurance. See mortgage insurance. \nproducts-liability insurance. An agreement to indem\nnify a manufacturer, supplier, or retailer for a loss \narising from the insured's liability to a user who is \n\n875 \nharmed by any product manufactured or sold by the \ninsured. (Cases: Insurance 0::>2296, 2359.] \nprofit insurance. Insurance that reimburses the insured \nfor profits lost because of a specified peril. \nproperty insurance. An agreement to indemnify \nagainst property damage or destruction. Also \ntermed property-damage insurance. [Cases: Insur\nance (;:::> 1009.] \npublic-liability insurance. See liability insurance. \nreciprocal insurance. A system whereby several indi\nviduals or businesses act through an agent to under\nwrite one another's risks, making each insured an \ninsurer of the other members of the group. -Also \ntermed interinsurance. [Cases: Insurance (;:::>1204.] \nreinsurance. See REINSURANCE. \nrenewable term insurance. Insurance that the insured \nmay continue at the end of a term. but generally at a \nhigher premium. -The insured usu. has the right to \nrenew for additional terms without a medical exami\nnation. \nreplacement insurance. (1938) Insurance under which \nthe value of the loss is measured by the current cost of \nreplacing the insured property. See replacement cost \nunder COST. [Cases: Insurance (;:::>2172, 2184.] \nretirement-income insurance. An agreement whereby \nthe insurance company agrees to pay an annuity \nbeginning at a certain age if the insured survives \nbeyond that age, or the value of the policy if the \ninsured dies before reaching that age. \nself-insurance. A plan under which a business main\ntains its own special fund to cover any loss. -Unlike \nother forms ofinsurance, there is no contract with an \ninsurance company. Also termed first-party insur\nance. [Cases: Insurance (;:::> 1004.] \nsickness and accident insurance. See health insur\nance. \nsingle-premium insurance. See single-premium life \ninsurance under LIFE INSURANCE. \nsocial insurance. Insurance provided by a government \nto persons facing particular perils (such as unemploy\nment or disability) or to persons who have a certain \nstatus (such as the elderly or the blind). -Social insur\nance such as that created by the Social Security Act \nof1935 is usu. part of a government's broader social \npolicy. See WELFARE STATE. [Cases: Social Security \nand Public Welfare (;:::> 121-149.5,174-182; Unem\nployment Compensation (;:::> 1.] \nsplit-dollar insurance. See split-dollar life insurance \nunder LIFE INSURANCE. \nstep-rate-premium insurance. Insurance whose \npremiums increase at times specified in the policy. \nstop-loss insurance. Insurance that protects a self\ninsured employer from catastrophic losses or \nunusually large health costs of covered employees. \n Stop-loss insurance essentially provides excess \ncoverage for a self-insured employer. The employer insurance \nand the insurance carrier agree to the amount the \nemployer will cover. and the stop-loss insurance will \ncover claims exceeding that amount. [Cases: Insur\nance ~-::>2523, 2525(1).] \nstraight life insurance. See whole life insurance under \nLIFE INSURANCE. \nsurety andfidelity insurance. See fidelity insurance. \nsurety insurance. See guaranty insurance. \nsurplus-lines insurance. Insurance with an insurer that \nis not licensed to transact business within the state \nwhere the risk is located. -Also termed excess-lines \ninsurance. [Cases: Insurance (;::::c 1330.] \nterm life insurance. See LIFE INSURANCE. \nterrorism insurance. Insurance that indemnifies \nagainst losses sustained because of an act of terror\nism. Terrorism insurance has been available since \nthe 1970s; it was (and is) required for U.S. airports of \nalmost all sizes. In the mid-1980s, terrorism insur\nance was offered to indiViduals, originally as a form \nof travel insurance that provided compensation for \nterrorism-related cancellations or changes in itin\nerary when traveling to or in certain countries. See \nTERRORISM. \nthird-party insurance. See liability insurance. \ntime insurance.1l1arine insurance. Insurance covering \nthe insured for a specified period. Cf. voyage insur\nance. \ntitle insurance. (1889) An agreement to indemnify \nagainst loss arising from a defect in title to real \nproperty, usu. issued to the buyer of the property by \nthe title company that conducted the title search. Cf. \nGUARANTEE OF TITLE. [Cases: Insurance (;:::> 1013.] \n''Title insurance is normally written by specialized com\npanies that maintain tract indexes: companies involved \nin writing life or casualty usually are not involved in title \ninsurance. Title insurance is an unusual type of insur\nance in a few respects. For one thing, it is not a recurring \npolicy: There is only a single premium, and a title insurance \npolicy written on behalf of an owner theoretically remains \noutstanding forever to protect him or her from claims \nasserted by others. It is more similar to an indemnifica\ntion agreement than to an insurance policy. For another, \ntitle insurance companies generally do not take risks that \nthey know about. Ifthe title search shows that a risk exists, \nthe company will exclude that risk from the coverage of \nthe policy.\"\" Robert W. Hamilton, Fundamentals of Modern \nBusiness 84 (1989). \ntotal-disability insurance. See general-disability insur\nance. \ntravel-accident insurance. Health insurance limited \nto injuries sustained while traveling. \numbrella insurance. Insurance that is supplemental, \nproviding coverage that exceeds the basic or usual \nlimits ofliability. Also termed bumbershoot insur\nance. [Cases: Insurance (;:::>2110,2394.] \nunderinsurance. See UNDERINSURANCE. \nunemployment insurance. (1897) A type of social \ninsurance that pays money to workers who are unem\nployed for reasons unrelated to job performance . \n\n876 insurance adjuster \nIndividual states administer unemployment insur\nance, which is funded by payroll taxes. Also termed \nunemployment compensation. lCases: Taxation \n3260; Unemployment Compensation 40,60.] \nuniversal life insurance. See LIFE INSURANCE. \nvariable life insurance. See LIFE INSURANCE."}
{"text": "\nuniversal life insurance. See LIFE INSURANCE. \nvariable life insurance. See LIFE INSURANCE. \nvaluable-papers insurance. Insurance covering the \ncost of research, labor, and materials necessary to \nreconstruct damaged or lost documents and records \n-written, printed, or otherwise inscribed includ\ning books, maps, manuscripts, legal documents, \ndrawings, and films . This insurance does not cover \ncash or securities. [Cases: Insurance \nvoyage insurance. Marine insurance. Insurance \ncovering the insured between destinations. Cf. time \ninsurance. \nwar-risk insurance. 1. Insurance covering damage \ncaused by war. _ Ocean marine policies are often \nwritten to cover this type of risk. [Cases: Insur\nance 0=2159, 2223.J 2. Life and accident insurance \nprovided by the federal government to members of \nthe armed forces . This type of insurance is offered \nbecause the hazardous nature of military service often \nprevents military personnel from obtaining private \ninsurance. [Cases: Armed Services \nwhole life insurance. See LIFE INSURANCE. \ninsurance adjuster. (1934) A person who determines \nthe value of a loss to the insured and settles the claim \nagainst the insurer. -Also termed claims adjuster. See \nADJUSTER. [Cases: Insurance \ninsurance agent. (1866) A person authorized by an \ninsurance company to sell its insurance policies. \nAlso termed producer; (in property insurance) record\ning agent; record agent. [Cases: Insurance G=>1604.J \ngeneral agent. An agent with the general power of \nmaking insurance contracts on behalf of an insurer. \n[Cases: Insurance G=> 1634(2).J \nspecial agent. An agent whose powers are usu. confined \nto soliciting applications for insurance, taking initial \npremiums, and delivering policies when issued. \nAlso termed local agent; solicitor. [Cases: Insurance \nG=> 1634(2).J \ninsurance broker. See BROKER. \ninsurance certificate. (1865) 1. A document issued by \nan insurer as evidence ofinsurance or membership in \nan insurance or pension plan. 2. A document issued by \nan insurer to a shipper as evidence that a shipment of \ngoods is covered by a marine insurance policy. \ninsurance commissioner. (1889) A public official who \nsupervises the insurance business conducted in a state. \n[Cases: Insurance C=) 1029.] \ninsurance company. (18c) A corporation or association \nthat issues insurance policies. [Cases: Insurance \n1003.J \ncaptive insurance company. A company that insures \nthe liabilities of its owner . The insured is usu. the sole shareholder and the only customer ofthe captive \ninsurer. -Also termed captive insurer. [Cases: Insur\nance G=> 1192.J \nmixed insurance company. An insurance company \nhaving characteristics of both stock and mutual \ncompanies in that it distributes part of the profits \nto stockholders and also makes distributions to the \ninsureds. \nmutual insurance company. An insurance company \nwhose policyholders are both insurers and insureds \nbecause they pay premiums into a common fund, \nfrom which claims are paid; an insurer whose policy\nholders are its owners, as opposed to a stock insurance \ncompany owned by outside shareholders. Cf. stock \ninsurance company. [Cases: Insurance G':::J 1121.] \n\"Mutual insurance companies are organized by a number \nof persons for the purpose of transacting some particular \ninsurance business .... A company is a mutual one when \nthe persons constituting the company contribute either \ncash or assessable premium notes, or both, to a common \nfund, out of which each is entitled to indemnity in case of \nloss. The distinguishing feature is mutuality, evidenced \nby the cooperation of members, uniting for that purpose, \neach taking a proportionate part in the management of its \naffairs and being at once insurer and insured. contributing \nto a fund from which all losses are paid .... Democratic \nownership and control is a fundamental characteristic of a \nmutual insurance company.\" 18John Alan Appleman, Insur \nance Law and Practice  10041, at 79-80 (1945). \nstock insurance company. An insurance company \noperated as a private corporation and owned by \nstockholders who share in the company's profits and \nlosses. \nstock life-insurance company. A stock insurance \ncompany that does life-insurance business. \ninsurance fraud. See FRAUD. \ninsurance ofthe person. See INSURANCE. \ninsurance policy, (1869) 1. A contract of insurance. 2. A \ndocument detailing such a contract. -Often shortened \nto policy. Also termed policy ofinsurance; contract \nofinsurance. \naccident policy. A type of business or personal policy \nthat insures against loss resulting directly from acci\ndental bodily injuries sustained during the policy \nterm. [Cases: Insurance <.r\"::;) 1012, 1716.J \nassessable policy. 1. A policy under which a policy\nholder may be held liable for losses of the insurance \ncompany beyond its reserves. -Also termed assess\nable insurance. 2. See assessable insurance (1) under \nINSURANCE. \nbailee policy. A floating policy that covers goods in a \nbailee's possession but does not particularly describe \nthe covered goods. \nbasic-form policy. (1997) A policy that offers limited \ncoverage against loss . A basic-form policy generally \ncovers damages from fire, windstorm, explosion, riot, \nvehicles, theft, or vandalism. -Also termed \nlimited policy; specific policy. \n\n877 insurance policy \nblanket policy. (1894) An agreement to indemnify \nall property, regardless oflocation. -Also termed \ncompound policy; floating policy. \nblock policy. An all-risk policy that covers groups of \nproperty (such as property held in bailment or a busi\nness's merchandise) against most perils. See all-risk \ninsurance under INSURANCE. \nbroad-form policy. (1950) A policy that offers broad \nprotection with few limitations. -1bis policy offers \ngreater coverage than a basic-form policy, but less \nthan an open-perils policy. \nclaims-made policy. (1974) An agreement to indem\nnify against all claims made during a specified period, \nregardless ofwhen the incidents that gave rise to the \nclaims occurred. Also termed discovery policy. \nlCases: Insurance \nclosed policy. An insurance policy whose terms cannot \nbe changed. - A fraternal benefit society is not per\nmitted to write closed policies. Also termed closed \ninsurance contract. \ncommercial general-liability policy. A comprehensive \npolicy that covers most commercial risks, liabilities, \nand causes ofloss. -This type of policy covers both \nbusiness losses and situations in which a business is \nliable to a third party for personal injury or property \ndamage. First introduced in 1986, this policy has \nlargely replaced comprehensive general-liability \npolicies. -Abbr. CGL policy. Cf. comprehensive \ngeneral-liability policy. \ncompleted-operations policy. A policy usu. purchased \nby a building contractor to cover accidents arising \nout of a job or an operation that the contractor has \ncompleted.lCases: Insurance <::=2296.] \ncompound policy. See blanket policy. \ncomprehensive general-liability policy. (1943) A \nbroad-coverage commercial insurance policy \ncovering a variety ofgeneral risks, esp. bodily injury \nand property damage to a third party for which \nthe business entity is liable . This policy was first \noffered in 1940. It has largely been replaced by the \ncommercial-general liability policy. -Also termed \nCGL policy; general-liability policy. Cf. commercial \ngeneral-liability policy. \nconcurrent policy. (1937) One oftwo or more insurance \npolicies that cover the same risk. _ Concurrent insur\nance policies are stated in almost identical terms so \nthat liability can be apportioned between the insurers. \n[Cases: Insurance~2107.] \ncontinuous policy. See perpetual policy. \ncorrected policy. A policy issued after a redetermina\ntion of risk to correct a misstatement in the original \npolicy. \ndeferred-dividend insurance policy. Hist. A life insur\nance policy that accumulated a fixed percentage ofthe \ninsurer's surplus profits, payable as a lump sum on a \ncertain date or at the insured's death, whichever came \nfirst. [Cases: Insurance discovery policy. See claims-made policy. \ndrummer floater policy. Hist. A policy that covered \nthe goods carried by a commercial salesperson while \ntraveling. \nendowment policy. A life-insurance policy payable at \nthe end ofa specified period, if the insured survives \nthat period, or upon the insured's death if death \noccurs before the end of the period. \nexcess policy. See excess insurance under INSURANCE. \nextended policy. A policy that rema! ns In effect beyond \nthe time when premiums are no longer paid. \nflier policy. Hist. A policy issued at a very low rate near \nthe end of the year for the purpose of swelling the \ninsurance agent's annual-sales figures. -Also spelled \nflyer policy. \nfloating policy. An insurance policy covering property \nthat frequently changes in quantity or location, such \nas jewelry. -Also termed running policy; blanket \npolicy. \nfollowing-form policy. An insurance policy that adopts \nthe terms and conditions ofanother insurance policy. \n[Cases: Insurance <::=3615.] \ngambling policy. See wager policy. \ngraveyard insurance. See wager policy. \ngroup policy. See master policy. \nhomeowner's policy. A multiperil policy provid\ning coverage for a variety of risks, including loss by \nfire, water, burglary, and the homeowner's negligent \nconduct. \nincontestable policy. (1897) A policy containing a pro\nvision that prohibits the insurer from contesting or \ncanceling the policy on the basis ofstatements made \nin the application. lCases: Insurance C\":::>3121.J \ninterest policy. A policy whose terms indicate that the \ninsured has an interest in the subject matter of the \ninsurance. Cf. wager policy. \njoint life policy. (1927) A life-insurance policy that \nmatures and becomes due upon the death of any of \nthose jointly insured. \nlapsed policy. (1873) 1. An insurance policy on which \nthere has been a default in premium payments. [Cases: \nInsurance <::=2039.] 2. An insurance policy that, \nbecause ofstatutory provisions, remains in force after \na default in premium payments. _ Statutes normally \nproVide a 30-or 31-day grace period after nonpay\nment ofpremiums. [Cases: Insurance <::=2018.] \nlevel-rate legal-reserve policy. A policy that seeks to \nbuild a reserve equal to the policy's face value by the \nend of the insured's life. \nlife policy. A life-insurance policy that requires lifetime \nannual fixed premiums and that becomes payable only \non the death of the insured. -Also termed regular \nlife policy. [Cases: Insurance (,=1011, 1716.] \n\n878 insurance pool \nlimited policy. (1884) 1. An insurance policy that spe\ncifically excludes certain classes or types of loss. 2. \nSee basic-form policy. \nmanuscript policy. (1962) An insurance policy contain\ning nonstandard provisions that have been negotiated \nbetween the insurer and the insured. \nmaster policy. (1926) An insurance policy that covers \nmultiple insureds under a group-insurance plan. \nAlso termed group policy. See group insurance under \nINSURANCE. \nmixed policy. Marine insurance. A policy combining \naspects ofboth a voyage policy and a time policy. \nmultiperil policy. (1951) An insurance policy that \ncovers several types oflosses, such as a homeowner's \npolicy that covers losses from fire, theft, and personal \ninjury. Also termed named-perils policy. \nnonmedical policy. An insurance policy issued without \na prior medical examination of the applicant. \noccurrence policy. An agreement to indemnify for \nany loss from an event that occurs within the policy \nperiod, regardless ofwhen the claim is made. [Cases: \nInsurance C::'2264.J \nopen-perils policy. (1997) A property insurance policy \ncovering all risks against loss except those specifically \nexcluded from coverage. \nopen policy. See unvalued policy. \npackage policy. An insurance policy prOViding pro\ntection against multiple perils and losses ofboth the \ninsured and third parties. A homeowner's policy is \nusu. a package policy. \npaid-up policy. A policy that remains in effect after \npremiums are no longer due. \nparticipating policy. A policy that allows the holder a \nright to dividends or rebates from future premiums . \nThis type of policy is issued by a mutual company. \npermanent policy. A renewable policy that is effective \nfor a specified period and is terminable by either the \ninsurer or the insured after giving express notice. \nperpetual policy. An insurance policy that remains \neffective without renewal until one of the parties \nterminates it according to its terms. Also termed \ncontinuous policy. \nregular life policy. See life policy. \nrunningpolicy. See floating policy. \nspecific policy. See basicjorm policy. \nstandard policy. (1893) 1. An insurance policy pro\nviding insurance that is recommended or required \nby state law, usu. regulated by a state agency. [Cases: \nInsurance 1775.] 2. An insurance policy that \ncontains standard terms used for similar insurance \npolicies nationwide, usu. drafted by an insurance \nindustrial association such as Insurance Services \nOffice. \nsurvivorship policy. A joint life policy that is payable \nafter all the insureds have died. term policy. A life-insurance policy that gives protec\ntion for a specified period, but that does not have a \ncash value or reserve value. \ntime policy. (1852) An insurance policy that is effective \nonly during a specified period. \ntontine policy (tahn-teen or tahn-teen). An insurance \npolicy in which a group ofparticipants share advan\ntages so that upon the default or death of any par\nticipant, his or her advantages are distributed among \nthe remaining participants until only one remains"}
{"text": "ages so that upon the default or death of any par\nticipant, his or her advantages are distributed among \nthe remaining participants until only one remains, \nwhereupon the whole goes to that sale participant. \nUnder the tontine plan ofinsurance, no accumulation \nor earnings are credited to the policy unless it remains \nin force for the tontine period of a specified number \nofyears. Thus, those who survive the period and keep \ntheir policies in force share in the accumulated funds, \nand those who die or permit their policies to lapse \nduring the period do not. This type ofpolicy takes its \nname from Lorenzo Tonti, an Italian who invented it \nin the 17th century. Today, newer and more ingenious \nforms ofinsurance have largely made tontine \ndefunct. See TONTINE. [Cases: Insurance \numbrella policy. An insurance policy covering losses \nthat exceed the basic or usual limits of liability \nprovided by other policies. See umbrella insurance \nunder INSURANCE. [Cases: Insurance \n2394.J \nunvalued policy. A policy that does not state a value \nof the insured property but that, upon loss, requires \nproof of the property's worth. -Also termed open \npolicy. \nvalued policy. An insurance policy in which the sum \nto be paid when a loss occurs is fixed by the terms \nof the contract.  The value agreed on is conclusive \nfor a total loss and provides a basis for determining \nrecovery in cases of partial loss. This value is in the \nnature ofliquidated damages. [Cases: Insurance \n2171.] \nvoyage policy. A marine-insurance policy that insures \na vessel or its cargo during a specified voyage. \nwager policy. An insurance policy issued to a person \nwho is shown to have no insurable interest in the \nperson or property covered by the policy. Wager \npoliCies are illegal in most states. -Also termed \ngambling policy; graveyard insurance. See insurable \ninterest under INTEREST (2). Cf. interest policy. [Cases: \nInsurance \ninsurance pool. (1935) A group of several insurers that, \nto spread the risk, combine and share premiums and \nlosses. \ninsurance premium. See PREMIUM (1). \ninsurance rating. (1905) The process by which an \ninsurer arrives at a policy premium for a particular \nrisk. Often shortened to rating. [Cases: Insurance \nC::'154LJ \nInsurance Services Office. A nonprofit organization that \nprovides analytical and decision-support services and \n\n879 \ntools to the insurance industry, including statistical, \nactuarial, underwriting, and claims data, and drafts of \nmodel insurance policy forms and coverage provisions. \n-The organization is composed of member insurers. \nIt provides data and information to its members and \nalso to nonmember subscribers, such as risk managers, \ninsurance regulators, and self-insureds. Abbr. ISO. \ninsurance trust. See TRUST. \ninsurance underwriter. See UNDERWRITER. \ninsurant, n. A person who obtains insurance or to whom \nan insurance policy is issued. -This term is much less \ncommon than the attributive noun insured. \ninsure, vb. (17c) 1. To secure, by payment ofa premium, \nthe payment of a sum of money in the event ofa loss. \n[Cases: Insurance (:=::> 1001.] 2. To issue or procure an \ninsurance policy on or for (someone or something). \ninsured, n. (17c) A person who is covered or protected \nby an insurance policy. -Also termed assured. [Cases: \nInsurance (::='2100.J \nadditional insured. (1929) A person who is covered \nby an insurance policy but who is not the primary \ninsured. -An additional insured may, or may not, \nbe specifically named in the policy. If the person is \nnamed, then the term is sometimes named additional \ninsured. -Also termed secondary insured. [Cases: \nInsurance (::='2100.] \nclass-one insured. (1982) In a motor-vehicle policy, \nthe named insured and any relative residing with the \nnamed insured. [Cases: Insurance C::>2660.J \nclass-two insured. (1985) In a motor-vehicle policy, a \nperson lawfully occupying a vehicle at the time ofan \naccident. [Cases: Insurance (:=::>2660.] \nfirst-named insured. See primary insured. \nnamed insured. (1899) A person designated in an insur\nance policy as the one covered by the policy. [Cases: \nInsurance (:=::>2100.] \nprimary insured. The individual or entity whose name \nappears first in the declarations of an insurance \npolicy. Also termed first-named insured. \ninsurer. (I7c) One who agrees, by contract, to assume \nthe risk of another's loss and to compensate for that \nloss. -Also termed underwriter; insurance under\nwriter; carrier; assurer (for life insurance). [Cases: \nInsurance (:=::> 1002.] \nexcess insurer. An insurer who is liable for settling any \npart ofa claim not covered by an insured's primary \ninsurer. Also termed secondary insurer. Seeprimary \ninsurer. [Cases: Insurance (:=::>2110.) \nprimary insurer. An insurer who is contractually com\nmitted to settling a claim up to the applicable policy \nlimit before any other insurer becomes liable for any \npart of the same claim. See excess insurer. [Cases: \nInsurance (::=02110.) \nquasi-insurer. (1830) A service provider who is held to \nstrict liability in the provision ofservices, such as an \ninnkeeper or a common carrier. intangible drilling cost \nsecondary insurer. See excess insurer. \ninsurgent, n. (I8c) A person who, for political purposes, \nengages in armed hostility against an established gov\nernment. -insurgent, adj. -insurgency, n. \ninsuring agreement. See INSURING CLAllSE. \ninsuring clause. A provision in an insurance policy \nor bond reciting the risk assumed by the insurer or \nestablishing the scope ofthe coverage. -Also termed \ninsuring agreement. [Cases: Insurance (::=2097.) \ninsurrection. (lSc) A violent revolt against an oppressive \nauthority, usu. a government. \n\"Insurrection is distinguished from rout, riot, and offense \nconnected with mob violence by the fact that in insurrection \nthere is an organized and armed uprising against authority \nor operations of government, while crimes growing out of \nmob violence. however serious they may be and however \nnumerous the participants, are simply unlawful acts in dis\nturbance of the peace which do not threaten the stability \nof the government or the eXistence of political SOCiety.\" 77 \nc.j.S, Riot; Insurrection  29, at 579 (1994). \nintact family. See FAMILY. \nin tail. See TAIL. \nintake, n. (1943) 1. The official screening of a juvenile \ncharged with an offense in order to determine where to \ndetermine where to place the juvenile pending formal \nadjudication or informal disposition. 2. The body of \nofficers who conduct this screening. 3. Hist. English law. \nA piece ofland temporarily taken from a common or \nmoorland by a tenant to raise a crop. \nintake day. (1985) The day on which new cases are \nassigned to the courts. \nintaker. Hist. See FENCE (1). \nintangible, adj. (17c) Not capable of being touched; \nimpalpable; INCORPOREAL. \nintangible, n. (1914) Something that lacks a physical \nform; an abstraction, such as responsibility; esp., \nan asset that is not corporeal, such as intellectual \nproperty. \ngeneral intangible. (1935) Any personal property \nother than goods, accounts, chattel paper, docu\nments, instruments, investment property, rights to \nproceeds ofwritten letters of credit, and money. _ \nSome examples are goodwill, things in action, and \nliterary rights. DCC  9-102(a)(42). See intangible \nproperty under PROPERTY. [Cases: Secured Transac\ntions (;:::) 11.1, 14.1, 115.1.] \npayment intangible. (1996) A general intangible under \nwhich the account debtor's principal obligation is a \nmonetary obligation. DCC  9-102(a)(61). \nintangible asset. 1. See ASSET. 2. See INTANGIBLE TRADE \nVALUE. \nintangible drilling cost. Oil & gas. An expense that is \nincident to and necessary for drilling and completing \nan oil or gas well and that has no salvage value . Intan\ngible drilling costs may be deducted in the year they \nare incurred rather than capitalized and depreciated. \n26 DSCA  612. \n\n880 intangible movable \nintangible movable. See MOVABLE. \nintangible property. See PROPERTY. \nintangible-rights doctrine. The rule that a person is \nentitled to receive honest services from those in the \npublic sector or in the private sector who have fiduciary \nduties to the person . Public-sector intangible rights \nderive from public officials' implied fiduciary duty to \nmake governmental decisions in the public interest. \nPrivate-sector intangible rights arise out of fiduciary \nrelationships. The intangible-rights doctrine is codified \nat 18 USCA  1346. -Also termed honest-services \ndoctrine. [Cases: Postal Service C=>35(9).] \nintangible tax. See TAX. \nintangible thing. See incorporeal thing under THING. \nintangible trade property. See INTANGIBLE TRADE \nVALUE. \nintangible trade value. Intellectual property. The \nmeasure of an enterprise's proprietary information, \nideas, goodwill, and other nonphysical commercial \nassets. The law of misappropriation provides some \nprotection against the taking ofintangible trade values \nto compete unfairly with their original owner. -Also \ntermed intangible asset; intangible trade property. \nin tantum (in tan-tJm). [Latin] Hist. To that extent; \ninsofar. Cf. PRO TANTO. \ninteger (in-tJ-jJr), adj. [Latin] Archaic. Whole; untouched. \nSee RES NOVA. \nintegrated agreement. See INTEGRATED CONTRACT. \nintegrated bar. See BAR. \nintegrated contract. (1930) One or more writings con\nstituting a final expression of one or more terms of an \nagreement. -Also termed integrated agreement; inte\ngrated writing. See INTEGRATION (2). [Cases: Contracts \nC=>245; Evidence C=>397(2).] \ncompletely integrated contract. (1950) An integrated \nagreement adopted by the parties as a full and exclu\nsive statement of the terms of the agreement . 1he \nparties are therefore prohibited from varying or \nsupplementing the contractual terms through parol \n(extrinsic) evidence. [Cases: Evidence C=>397(2).] \npartially integrated contract. (1958) An agreement in \nwhich some, but not all, of the terms are integrated; \nany agreement other than a completely integrated \nagreement. [Cases: Evidence C=>397(2).] \nintegrated property settlement. See PROPERTY SETTLE\nMENT (2). \nintegrated writing. See INTEGRATED CONTRACT. \nintegration. (l7c) 1. The process of making whole or \ncombining into one. 2. Contracts. The full expression \nofthe parties' agreement, so that all earlier agreements \nare superseded, the effect being that neither party may \nlater contradict or add to the contractual terms. -Also \ntermed merger. See PAROL-EVIDENCE RULE. [Cases: \nContracts C=>245; Evidence C=>397(2).] complete integration. (1930) The fact or state of fully \nexpressing the intent ofthe parties . Parol evidence is \ntherefore inadmissible. [Cases: Evidence C=>397(2).] \npartial integration. (1910) The fact or state ofnot fully \nexpressing the parties' intent. Parol (extrinsic) \nevidence is admissible to clear up ambiguities with \nrespect to the terms that are not integrated. [Cases: \nEvidence C=>397(2).] \n3. Wills & estates. The combining of more than one \nwriting into a single document to form the testator's last \nwill and testament.  The other writing must be present \nat the time of execution and intended to be included \nin the will. The issue of integration is more compli\ncated when it concerns a holographic will, which may \nbe composed of more than one document written at \ndifferent times. 4. The incorporation of different races \ninto existing institutions (such as public schools) for the \npurpose ofreversing the historical effects ofracial dis\ncrimination. Cf. DESEGREGATION. [Cases: Schools C=> \n13(4).] 5. Antitrust. A firm's performance ofa function \nthat it could have obtained on the open market.  A \nfirm can achieve integration by entering a new market \non its own, by acquiring a firm that operates in a sec\nondary market, or by entering into a contract with \na firm that operates in a secondary market. -Also \ntermed vertical integration. See vertical merger under \nMERGER. \nbackward integration. A firm's acquisition of owner\nship of facilities that produce raw materials or parts \nfor the firm's products. \n6. Securities. The requirement that all security offer\nings over a given period are to be considered a single \noffering for purposes of determining an exemption \nfrom registration . The Securities and Exchange \nCommission and the courts apply five criteria to deter\nmine whether two or more transactions are part ofthe \nsame offering of securities: (1) whether the offerings \nare part of a single plan of financing, (2) whether the \nofferings involve issuance of the same class of securi\nties, (3) whether the offerings are made at or about the \nsame time, (4) whether the same type ofconsideration \nis received, and (5) whether the offerings are made for \nthe same general purpose. 17 CFR  230.502. [Cases: \nSecurities Regulation C=> 18.14.] \nintegration clause. (1941) A contractual provision stating \nthat the contract represents the parties' complete and \nfinal"}
{"text": "4.] \nintegration clause. (1941) A contractual provision stating \nthat the contract represents the parties' complete and \nfinal agreement and supersedes all informal under\nstandings and oral agreements relating to the subject \nmatter of the contract. -Also termed merger clause; \nentire-agreement clause. See INTEGRATION (2); PAROL\nEVIDENCE RULE. [Cases: Contracts C=>245; Evidence \nC=>397(2).] \nintegration rule. (1899) The rule that if the parties to \na contract have embodied their agreement in a final \ndocument, any other action or statement is without \neffect and is immaterial in determining the terms of \nthe contract. See PAROL EVIDENCE RULE. [Cases: Con\ntracts C=>245; Evidence C=>397(2).] \n\nintegrity right. Copyright. The right of authors and \nartists to insist that their creative works not be changed \nwithout their authorization . Integrity is one of the \nmoral rights of the moral rights of artists recognized \nin civil-law countries, including much of Europe, but \nlargely unavailable in the United States. Cf. MORAL \nRIGHT; ATTRIBUTION RIGHT. [Cases: Copyrights and \nIntellectual Property C-~6.1 \nintellectual property. (1808) 1. A category ofintangible \nrights protecting commercially valuable products of \nthe human intellect.  The category comprises primar\nily trademark, copyright, and patent rights, but also \nincludes trade-secret rights, publicity rights, moral \nrights, and rights against unfair competition. [Cases: \nCopyrights and Intellectual Property (;::::> 1.] 2. A com\nmercially valuable product of the human intellect, in \na concrete or abstract form, such as a copyrightable \nwork, a protectable trademark, a patentable invention, \nor a trade secret. -Abbr. IP. \n\"While there is a close relationship between intangible \nproperty and the tangible objects in which they are \nembodied, intellectual property rights are distinct and \nseparate from property rights in tangible goods. For \nexample, when a person posts a letter to someone, the \npersonal property in the ink and parchment is transferred \nto the recipient .... [Tlhe sender (as author) retains intel \nlectual property rights in the letter.\" Lionel Bently & Brad \nSherman, Intellectual Property Law 1-2 (2001). \nintemperance. (ISc) A lack of moderation or temper\nance; esp., habitual or excessive drinking of alcoholic \nbeverages. [Cases: Chemical Dependents C~1.J \nin tempus indebitum (in tem-p<ls in-deb-i-t<lm). [Law \nLatin] Hist. At an undue time. \nintend, vb. (14c) 1. To have in mind a fixed purpose \nto reach a desired objective; to have as one's purpose \n<Daniel intended to become a lawyer>. 2. To con\ntemplate that the usual consequences of one's act will \nprobably or necessarily follow from the act, whether or \nnot those consequences are desired for their own sake \n<although he activated the theater's fire alarm only on \na dare, the jury found that Wilbur intended to cause \na panic>. 3. To signify or mean <the parties intended \nfor the writing to supersede their earlier handshake \ndeal>. \nintendant (in-ten-d<lnt). A director of a government \nagency, esp. (as used in 17th-and 18th-century France) \na royal official charged with the administration of \njustice or finance. \nintended beneficiary. See BENEFICIARY. \nintended child. See CHILD. \nintended parent. See intentional parent under PARENT. \nintended to be recorded. (I8c) (Ofa deed or other instru\nment) not yet filed with a public registry, but forming \na link in a chain oftitle. [Cases: Deeds ~~88; Records \n19.1 \nintended-use doctrine. (1967) Products liability. The rule \nimposing a duty on a manufacturer to develop a product \nso that it is reasonably safe for its intended or foresee\nable users . In determining the scope ofresponsibility, the court considers the defendant's marketing scheme \nand the foreseeability of the harm. [Cases: Products \nLiability 151.] \nintendment (in-tend-m;mt). (14c) 1. The sense in which \nthe law understands something <the intendment of a \ncontract is that the contract is legally enforceable>. \nAlso termed intendment oflaw. 2. A decision-maker's \ninference about the true meaning or intention of a \nlegal instrument <there is no need for intendment, the \ncourt reasoned, when the text ofthe statute is clear>. \nFormerly also spelled entendment. \ncommon intendment. The natural or common meaning \nin legal interpretation. \n3. A person's expectations when interacting with others \nwithin the legal sphere. \n\"Our institutions and our formalized interactions with one \nanother are accompanied by certain interlocking expecta\ntions that may be called intendments, even thoug h there \nis seldom occaSion to bring these underlying expectations \nacross the threshold of consciousness. In a very real sense \nwhen I cast my vote in an election my conduct is directed \nand conditioned by an anticipation that my ballot will be \ncounted in favor of the candidate I actually vote for. This \nis true even though the possibility that my ballot will be \nthrown in the wastebasket, or counted for the wrong man, \nmay never enter my mind as an object of conscious atten\ntion. In this sense the institution of elections may be said \nto contain an intendment that the votes cast will be faith \nfully tallied, though I might hesitate to say, except in a \nmood of rhetoric, that the election authorities had entered \na contract with me to count my vote as I had cast it.\" Lon L. \nFuller, The Morality ofLaw 217 (rev. ed. 1969). \nintent. (l3c) 1. lhe state ofmind accompanying an act, \nesp. a forbidden act.  While motive is the inducement \nto do some act, intent is the mental resolution or deter\nmination to do it. When the intent to do an act that \nviolates the law exists, motive becomes immaterial. Cf. \nMOTIVE; SCIENTER. \n\"The phrase 'with intent to,' or its equivalents, may mean \nanyone of at least four different things: (1) That the \nintent referred to must be the sole or exclUSive intent; (2) \nthat it is sufficient if it is one of several concurrent intents; \n(3) that it must be the chief or dominant intent, any others \nbeing subordinate or inCidental; (4) that it must be a deter \nmining intent, that is to say, an intent in the absence of \nwhich the act would not have been done, the remaining \npurposes being insuffiCient motives by themselves. It is a \nquestion of construction which of those meanings is the \ntrue one in the particular case.\" John Salmond, Jurispru, \ndence 383-84 (Glanville L. Williams ed., 10th ed. 1947). \nconstructive intent. (1864) A legal principle that actual \nintent will be presumed when an act leading to the \nresult could have been reasonably expected to cause \nthat result. \n\"Constructive intent is a fiction which permits lip service \nto the notion that intention is essential to criminality, while \nrecognizing that unintended consequences of an act may \nsometimes be sufficient for gUilt of some offenses.\" Rollin \nM. Perkins & Ronald N. Boyce, Criminal Law 835 (3d ed. \n1982). \ncriminal intent. (17c) 1. MENS REA. 2. An intent to \ncommit an actus reus without any justification, \nexcuse, or other defense. Also termed felonious \n\nintent. See specific intent. [Cases: Criminal Law \n20.) \n\"The phrase 'criminal intent' is one that has been bandied \nabout with various meanings not carefully distinguished. \nAt times it has been used in the sense of the 'intent to do \nwrong' (the olltline of the mental pattern which is necessary \nfor crime in general), as, for example, in the phrase 'the \nmental element commonly called criminal intent.' At times \nit has been used in the sense of mens rea as the mental \nelement requisite for guilt of the very offense charged, 'a \nvarying state of mind which is the contrary of an innocent \nstate of mind, whatever may be pointed out by the nature of \nthe crime as an innocent state of mind.' Often it is used to \ninclude criminal negligence as well as an actual intent to do \nthe harmful deed, although at other times such negligence \nis referred to as a substitute, so to speak, for criminal intent \nin connection with certain offenses. Occasionally it is found \nin the sense of an intent to violate the law, -implying a \nknowledge of the law violated. On the other hand, as such \nknowledge is a factor not ordinarily required for convic\ntion it has been pointed out that to establish ignorance \nof the law does not disprove criminal intent. Thus it has \nbeen said (assuming the absence of any circumstance of \nexculpation) 'whenever an act is criminal, the party doing \nthe act is chargeable with criminal intent: ... This suggests \na helpful guide for the use of the phrase 'criminal intent.' \nSome other term such as mens rea or guilty mind should be \nemployed for more general purposes, and 'criminal intent' \nbe restricted to those situations in which there is (l) an \nintent to do the actus reus, and (2) no circumstance of \neXCUlpation.\" Rollin M. Perkins & Ronald N. Boyce, Criminal \nLow 832-34 (3d ed. 1982). \ndonative intent. The intent to surrender dominion and \ncontrol over the gift that is being made. [Cases: Gifts \n15,60.) \nfelonious intent. See criminal intent. \ngeneral intent. (17c) The intent to perform an act even \nthough the actor does not desire the consequences \nthat result. _ This is the state of mind required for \nthe commission ofcertain common-law crimes not \nrequiring a specific intent or not imposing strict \nliability. General intent usu. takes the form of reck\nlessness (involving actual awareness ofa risk and the \nculpable taking of that risk) or negligence (involving \nblameworthy inadvertence). -Also termed general \ncriminal intent; general mens rea. [Cases: Criminal \nLaw \nimmediate intent. (18c) The intent relating to a \nwrongful act; the part of the total intent coincident \nwith the wrongful act itself. \nimplied intent. (l8c) A person's state of mind that \ncan be inferred from speech or conduct, or from \nlanguage used in an instrument to which the person \nis a party. \nintent to kill. (16c) An intent to cause the death of \nanother; esp., a state of mind that, if found to exist \nduring an assault, can serve as the basis for an aggra\nvated-assault charge. [Cases: Assault and Battery (;::: \n49; Homicide C=:>526.) \nlarcenous intent. (1832) A state ofmind existing when a \nperson (1) knowingly takes away the goods ofanother \nwithout any claim or pretense of a right to do so, and \n(2) intends to permanently deprive the owner ofthem or to convert the goods to personal use. See LARCENY. \n[Cases: Larceny C=:>3.) \nmanifest intent. (l7c) Intent that is apparent or obvious \nbased on the available circumstantial evidence, even \nif direct evidence of intent is not available. -For \nexample, some fidelity bonds cover an employer's \nlosses caused by an employee's dishonest or fraudu\nlent acts committed with a manifest intent to cause \na loss to the employer and to obtain a benefit for the \nemployee. Establishing manifest intent sufficient to \ntrigger coverage does not require direct evidence that \nthe employee intended the employer's loss. Even if \nthe employee did not actively want that result, but \nthe result was substantially certain to follow from \nthe employee's conduct, the requisite intent will be \ninferred. \npredatory intent. Antitrust. A business's intent to \ninjure a competitor by unfair means, esp. by sacrific\ning revenues to drive a competitor out of business. \n[Cases: Antitrust and Trade Regulation \nspecific intent. (18c) The intent to accomplish the \nprecise criminal act that one is later charged with. \n-At common law, the specific-intent crimes were \nrobbery, assault, larceny, burglary, forgery, false \npretenses, embezzlement, attempt, solicitation, and \nconspiracy. Also termed criminal intent. See SPE\nCIFIC-INTENT DEFENSE. [Cases: Criminal Law \n20.] \ntestamentary intent. (1830) A testator's intent that a \nparticular instrument function as his or her last will \nand testament . Testamentary intent is required for \na will to be valid. [Cases: Wills (~'438.) \ntransferred intent. (1932) Intent that the law may \nshift from an originally intended wrongful act to a \nwrongful act actually committed. -For example, if \na person intends to kill one person but kills another \ninadvertently, the intent may be transferred to the \nactual act. See TRANSFERRED-INTENT DOCTRINE. \n[Cases: Criminal Law C=:>25; Homicide \n702,731.) \nulterior intent. (1848) The intent that passes beyond a \nwrongful act and relates to the objective for the sake \nof which the act is done; MOTIVE. -For example, a \nthief's immediate intent may be to steal another's \nmoney, but the ulterior intent may be to buy food \nwith that money. \n2. A lawmaker's state of mind and purpose in drafting \nor voting for a measure. [Cases: Statutes 181(1), \n184.] \nlegislative intent. See LEGISLATIVE INTENT. \noriginal intent. (17c) The mental state ofthe drafters or \nenactors of the U.S. Constitution, a statute, or another \ndocument. \nintentio (in-ten-shee-oh), n. [Latin]l. Roman law. The \npart ofa formula in which the plaintiff's claim against \nthe defendant is stated. See FORMULA (1). 2. Hist. A \ncount or declaration in a real action . Intentio was \n\nan earlier name for narratio. See NARRATIO. PI. inten\ntiones (in-ten-shee-oh-neez). \nintention, n. (14c) The willingness to bring about some\nthing planned or foreseen; the state ofbeing set to do \nsomething. intentional, adj. \n\"Intention is"}
{"text": "some\nthing planned or foreseen; the state ofbeing set to do \nsomething. intentional, adj. \n\"Intention is the purpose or design with which an act is \ndone. It is the foreknowledge of the act, coupled with the \ndesire of it, such foreknowledge and desire being the cause \nof the act, inasmuch as they fulfil themselves through the \noperation of the will. An act is intentional if, and in so far \nas, it exists in idea before it exists in fact, the idea realis\ning itself in the fact because of the desire by which it is \naccompanied.\" John Salmond, Jurisprudence 378 (Glanville \nL. Williams ed., 10th ed. 1947). \n\"Intention. This signifies full advertence in the mind of \nthe defendant to his conduct, which is in question, and to \nits consequences, together with a desire for those conse\nquences.\" P.H. Winfield, A Textbook ofthe Law ofTort  10, \nat 19 (5th ed. 1950). \nintentional, adj. (17c) Done with the aim of carrying \nout the act. \nintentional act. See ACT. \nintentional father. See intentional parent under PARENT. \nintentional fraud. See FRAUD (1). \nintentional infliction of emotional distress. (1958) \nThe tort of intentionally or recklessly causing another \nperson severe emotional distress through one's extreme \nor outrageous acts . In a few jurisdictions, a physical \nmanifestation of the mental suffering is required for \nthe plaintiff to recover. Abbr. IIED. Also termed \n(in some states) outrage. See EMOTIONAL DISTRESS. \nCf. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS. \n[Cases: Damages (;::~'S7.19.] \nintentional-injury exclusion. See expectedlintended \nexclusion under EXCLUSION (3). \nintentional invasion. See INVASION. \nintentional manslaughter. See voluntary manslaughter \nunder MANSLAUGHTER. \nintentional mother. See intentional parent under \nPARENT. \nintentional parent. See PARENT. \nintentional tort. See TORT. \nintentional wrong. See WRONG. \nintent ofthe legislature. See LEGISLATIVE INTENT. \nintent to kill. See INTENT (1). \nintent to publish. Defamation. The intent to communi\ncate (defamatory words, etc.) to a third person or with \nknowledge that the communication will probably reach \nthird persons. See PUBLISH (2). \nintent to use. See BONA FIDE INTENT TO USE. \nintent-to-use application. See TRADEMARK APPLICA\nTION. \ninter (in-tJr), prep. [Latin] Among. \ninter alia (in-tJr ay-Iee-J or ah-Iee-J), adv. [Latin] (l7c) \nAmong other things. inter alios (in-tJr ay-Iee-J$ or ah-Iee-Js), adv. [Latin] (17c) \nAmong other persons. \nInter-American Bar Association. An organization of \nlawyers from North America, Central America, and \nSouth America whose purpose is to promote educa\ntion, cooperation, and profeSSional exchanges among \nlawyers from different American countries. Abbr. \nIABA. \nInter-American Foundation. An independent federal \nfoundation that supports social and economic develop\nment in Latin America and the Caribbean by making \ngrants to private, indigenous organizations that carry \nout self-help projects benefiting poor people. 'lbe \nagency is governed by a nine-member board six from \nthe private sector and three from the government. It \nwas created in 1969 as an experimental foreign-assis\ntance program. 22 USCA  290f. Abbr. lAP. \ninter apices juris (in-tJr aY-PJ-seez [or ap-d-seez] joor\nis), adv. [Law Latin] Among the subtleties of the law. \nSee APEX fURlS. \nintercalare (in-tdr-b-Iair-ee), vb. [Latin] Civil law. To \nintroduce or insert among others; esp., to introduce \na day or month into the calendar. From this Latin \nterm derives the rare English word intercalate, roughly \nsynonymous with interpolate. \nintercedere (in-tdr-see-dd-ree), vb. [Latin] Roman law. \nTo assume another's debt; esp., to act as surety for \nanother. \nintercept, n. Jiamily law. A mechanism by which a \nportion of an obligor's unemployment benefits, disabil\nity income, income-tax refund, or lottery winnings is \nautomatically diverted to a child-support -enforcement \nagency to satisfy past-due support obligations. [Cases: \nChild Support (;::=>442,467.] \nintercept, vb. (ISc) 1. To divert (money) from a payee to \nsatisfy a financial obligation ofthe payee. 2. To covertly \nreceive or listen to (a communication) . The term usu. \nrefers to covert reception by a law-enforcement agency. \nSee WIRETAPPING. [Cases: Telecommunications (;:::) \n1435.] \ninterchangeable bond. See BOND (3). \nintercommon, vb. 1. To share in the rights to a common. \n2. Rist. Scots law. To communicate or deal with (crimi\nnals or others). 3. Hist. Scots law. To prohibit (a person) \nfrom communicating or dealing with a criminal. \ninter conjuges (in-tdr kahn-jd-geez), adv. & adj. [Law \nLatin] Between husband and wife. \ninterconjunctas personas (in-tdr bn-jangk-tds pdr-soh\nnds). [Latin] Hist. Between conjunct persons. Gen\nerally, conveyances between certain family members \nwere void ifdesigned to defraud. \nintercountry adoption. See international adoption \nunder ADOPTION. \nintercourse. (ISc) 1. Dealings or communications, esp. \nbetween businesses, governmental entities, or the like. \n2. PhYSical sexual contact, esp. involving the penetra\ntion ofthe vagina by the penis. \n\n884 interdependence \ninterdependence. Int'llaw. The reliance of countries \non each other to ensure their mutual subsistence and \nadvancement. \ninterdict (in-tdr-dikt), n. (ISc) Roman & civil law. 1. An \ninjunction or other prohibitory, exhibitory, or restitu\ntory decree. \ndecretal interdict (di-kreet-dl). An interdict that sig\nnified the praetor's order or decree by applying the \nremedy in a pending case. \nedictal interdict (ee-dik-tdl). An interdict that declared \nthe praetor's intention to give a remedy in certain \ncases, usu. in a way that preserves or restores pos\nsession. \nexhibitory interdict. An interdict by which a praetor \ncompelled a person or thing to be produced. \npossessory interdict. An interdict that protected a \nperson whose possession was disturbed without due \nprocess. A possessor in bad faith could obtain a pos\nsessory interdict because the interdict did not depend \non title. Itwould, however, establish whether the pos\nsessor would be the defendant or the plaintiff in any \nsubsequent claim. See INTERDICTUM. \nprohibitory interdict. An interdict by which a praetor \nforbade something to be done. \nrestitutory interdict (ri-stich-d-tor-ee or res-ti-t[y] \noo-td-ree). An interdict by which a praetor directed \nsomething to be restored to someone who had been \ndispossessed of it. \n2. Civil law. A person who bas been interdicted; a \nnatural person who, because of an infirmity, cannot \nmake reasoned decisions about personal care or \nproperty or communicate those decisions; a person \ndeprived ofthe capacity to make juridical acts. La. Civ. \nCode arts. 389, 390, 394. \nlimited interdict. A person whose right to care for \nhimself or herself is restricted by a court decision \nbecause of mental incapacity; a person subject to \nlimited interdiction. La. Civ. Code art. 390. [Cases: \nMental Health (;:;;>36.] \ninterdict (in-t<lr-dikt), vb. (ISc) 1. To forbid or restrain. \n2. To intercept and seize (contraband, etc.). 3. Civil law. \nTo remove a person's right to handle personal affairs \nbecause of mental incapacity. [Cases: Mental Health \n(;:;;>36.] \ninterdiction. 1. The act offorbidding or restraining. \ninterdiction ofcommercial intercourse. Int'llaw. A \ngovernmental prohibition ofcommercial trade. \n2.1he interception and seizure ofsomething, esp. con\ntraband. 3. Civil law. The act of depriving a person of \nthe right to handle his or her own affairs because of \nmental incapacity. See EX CAPITE INTERDICTIONIS. Cf. \nGUARDIANSHIP (1); CURATORSHIP; CURATOR (2). \n\"Interdiction, now scarcely known in practice, was a means \nformerly adopted for the protection of those who were \nweak, faCile, and easily imposed upon, and also for the \nprotection of those who, being reckless and profuse, were \nunable to manage their estate with care and prudence. Interdiction was either judicial or voluntary: and in which\never of these modes the interdiction was effected and \nimposed, any disposition of heritage thereafter by the \ninterdicted, without the consent of his interdictors, was \nliable to reduction on the ground of interdiction, except \nwhere the conveyances were onerous and rational.\" Joh n \nTrayner, Trayner's Latin Maxims 193 (4th ed. 1894). \ncomplete interdiction. See full interdiction. \nfull interdiction. The complete removal of one's right \nto care for oneself and one's affairs or estate because \nof mental incapacity. La. Civ. Code art. 389. -Also \ntermed complete interdiction. [Cases: Mental Health \n(;:;;>101.] \nlimited interdiction. See partial interdiction. \npartial interdiction. The partial removal ofone's right \nto care for oneself and one's affairs or estate because \nofmental incapacity. -Also termed limited interdic\ntion. [Cases: Mental Health (;:;;> 101.] \ninterdictory (in-t<lr-dik-t<lr-ee), adj. 1. Of or relating to \nan interdiction. 2. Having the power to interdict. \nAlso termed interdictive. \ninterdictum (in-tdr-dik-tdm), tI. [Latin] Roman law. \nA summary order to secure the applicant's rights by \npreventing something from being done (prohibitory \ninterdict) or requiring property to be produced (exhibi\ntory interdict) or restored (restitutory interdict) . A \nparty might apply for an interdictum when some wrong \nhad been done, or was likelv to be done, and it was \nnecessary either to redress 0; to prevent the wrong at \nonce, without waiting for the ordinary legal processes; \noften it was a preliminary to an ordinary action (e.g., \nby settling which party was entitled to be defendant in \nthe action). PI. interdicta. \ninterdictum quod vi aut clam (in-t<lr-dik-tam kwod VI \nawt klam). [Latin \"interdict because of force or stealth\"] \nRoman law. An interdict issued against a person who \nforcibly (vi) or secretly (clam) altered or occupied the \nclaimant's property . The interdict required the defen\ndant to restore the property to its previous condition. \nCf. actio vi bonorum raptorum under ACTIO. \nintereosdem (in-tdr ee-ahs-d<lm). [Latin] Hist. Between \nthe same persons. \ninteresse (in-tdf-es-ee). [Latin] 1. Monetary interest. 2. \nA legal interest in property. \ninteressee (in-tJ-re-see). See real party in interest under \nPARTY (2). \ninteresse termini (in-tdr-es-ee tdr-md-nI). [Latin \n\"interest of term or end\"] Archaic. A lessee's right of \nentry onto the leased property; esp., a lessee's interest in \nreal property before taking possession . An interesse \ntermini is not an estate; it is an interest for the term. It \ngives the lessee a claim against any person who prevents \nthe lessee from entering or accepting delivery of the \nproperty. [Cases: Landlord and Tenant 20,70.1 \n\"[The interesse termini's] essential qualities, as a mere \ninterest, in contradistinction to a term in possession, seems \nto arise from a want of possession. It is a right or interest \nonly, and not an estate, and it has the properties of a right. \nIt may be extinguished by a release to the lessor, and it \n\n885 interest \nmay be assigned or granted away, but it cannot, techni \ncally considered, be surrendered; for there is no reversion \nbefore entry, in which the interest may drown. Nor will a \nrelease from the lessor operate by way of enlargement, \nfor the lessee has no estate before entry.\" 4 James Kent, \nCommentaries on American Law *97 (George Comstock \ned., 11th ed. 1866). \n\"There was a troublesome doctrine of the common law \nwhich established, in the case of a lease not operating \nunder the Statute of Uses, that the lessee acquired no \nestate in the land until he actually entered into possession. \nUntil that time he was said to have a mere right to take \npossession, and this right was called an interesse termini. \nThis requisite of entry to perfect a lease has, however, \nbeen swept away by the Law of Property Act, 1925, and all \nterms of years absol ute, whether created before or after \nthe commencement of the Act, can take effect from the \ndate fixed for the commencement of the term without \nactual entry.\" G.c' Cheshire, Modern Law of Real Property \n128-29 (3d ed. 1933). \ninterest, n. (l5c) 1. The object ofany human desire; esp., \nadvantage or profit of a financial nature <conflict of \ninterest>. 2. A legal share in something; all or part ofa \nlegal or equitable claim to or right in property <right, \ntitle, and interest>. _ Collectively, the word includes any \naggregation ofrights, privileges, powers, and immuni\nties; distributively, it refers to"}
{"text": "Collectively, the word includes any \naggregation ofrights, privileges, powers, and immuni\nties; distributively, it refers to anyone right, privilege, \npower, or immunity. \nabsolute interest. (I8c) An interest that is not subject \nto any condition. \nbeneficial interest. (18c) A right or expectancy in some\nthing (such as a trust or an estate), as opposed to legal \ntitle to that thing. -For example, a person with a \nbeneficial interest in a trust receives income from the \ntrust but does not hold legal title to the trust property. \n[Cases: Descent and Distribution (;:=>73; Trusts (;:=> \n140(1).] \ncarried interest. 1. The share of any profits produced \nby a partnership's investment, paid to the general \npartner as compensation tor managing the invest\nment. _ The general partner often contributes little \nor no capital to acquire the investment but gains an \ninterest in it by providing time and skill. The general \npartner's interest in the property is \"carried\" with the \nproperty until it is liquidated. 2. Oil & gas. In an oil\nand-gas lease, a fractional interest that is free of \nsome or all costs of exploring, drilling, and com\npleting the well. -The owner of a carried lease \nmay earn royalties on production but does not \nhave a working interest, at least until all costs \nare recouped by the working-interest owner or \nowners, and often until some multiple of those \ncosts are paid. \nconcurrent interest. See concurrent estate under EST A TE \n(1). \ncontingent interest. (I8c) An interest that the holder \nmay enjoy only upon the occurrence of a condition \nprecedent. \ncontrolling interest. Sufficient ownership of stock in a \ncompany to control policy and management; esp., a \ngreater-than-50% ownership interest in an enterprise. \n[Cases: Corporations (;:=> 180.J defeasible interest. An interest that the holder may \nenjoy until the occurrence of a condition. [Cases: \nWills (,'-:::>602.] \ndirect interest. (I7c) A certain, absolute interest <the \njuror was disqualified because she had a direct interest \nin the lawsuit>. \nentailed interest. An interest that devolves through \nlineal descendants only as a result of a fee tail. [Cases: \nEstates in Property <>-=' 12.J \nentire interest. (l7c) A whole interest or right, without \ndiminution. See FEE SIMPLE. \nequitable interest. (I7c) An interest held by virtue of \nan equitable title or claimed on equitable grounds, \nsuch as the interest held by a trust beneficiary. [Cases: \nTrusts (;:=> 139.] \nexecutory interest. See EXECGTORY INTEREST. \nexpectation interest. (1836) The interest of a nonb\nreaching party in being put in the position that would \nhave resulted ifthe contract had been performed. See \nexpectation damages under DAMAGES; BENEFIT-OF\nTHE-BARGAIN RULE. [Cases: Damages C=:?1l7; Fraud \n(;:::>59(2).] \nfinancial interest. An interest involving money or its \nequivalent; esp., an interest in the nature ofan invest\nment. Also termed pecuniary interest. \nfractional interest. See undivided interest. \nfuture interest. (17c) A property interest in which the \nprivilege ofpossession or ofother enjoyment is future \nand not present. _ A future interest can exist in either \nthe grantor (as with a reversion) or the grantee (as \nwith a remainder or executory interest). Today, most \nfuture interests are equitable interests in stocks and \ndebt securities, with power ofsale in a trustee. -Also \ntermedfuture estate; expectant estate; estate in expec\ntancy. Cf. present interest under INTEREST (2). [Cases: \nEstates in Property (;:=> 1.] \n\"[TIhe interest is an existing interest from the time of its \ncreation, and is looked upon as a part of the total owner\nship of the land or other thing [thatl is its subject matter. In \nthat sense, future interest is somewhat misleading, and it is \napplied only to indicate that the possession or enjoyment \nof the subject matter is to take place in the future.\" Lewis \nM. Simes & Allan F. Smith, The Law ofFuture Interests  1, \nat 2-3 (2d ed 1956). \n\"To own a future interest now means not only to be entitled \nnow to judicial protection of one's possible future posses \nsion, but also (in most cases) to be able to make transfers \nnow of that right of possible future possession.\" Thomas \nF. Bergin & Paul G. Haskell, Preface to Estates in Land and \nFuture Interests 56 (2d ed. 1984). 'When 0 transfers today \n'to A for five years,' we can say either that 0 has a future \ninterest oythat he has a 'present' estate subject to a term \nfor years in A. Similarly, when 0 transfers today his entire \nestate in fee simple absolute by a conveyance 'to A for \nfive years, then to B and his heirs,' we can say eitherthat \nB has a future interest oythat he has a 'present' estate \nsubject to a term for years in A. Unhappily, the fact that \nwe have two locutions available to us can be a source of \nconfusion ....\" Id. at 42. \ninalienable interest. (1848) An interest that cannot be \nsold or traded. \n\ninchoate interest. (1800) A property interest that \nhas not yet vested. [Cases: Dower and Curtesy (;:::;> \n29-53.] \ninsurable interest. (18c) A legal interest in another \nperson's life or health or in the protection ofproperty \nfrom injury, loss, destruction, or pecuniary damage . \nTo take out an insurance policy, the purchaser or the \npotential insured's beneficiary must have an insur\nable interest. Ifa policy does not have an insurable \ninterest as its basis, it will usu. be considered a form of \nwagering and thus be held unenforceable. See wager \npolicy under INSURANCE POLICY. [Cases: Insurance \n(;:::;> 1779-1795.] \ninterest in the use and enjoyment o/land. The pleasure, \ncomfort, and advantage that a person may derive \nfrom the occupancy ofland. The term includes not \nonly the interests that a person may have for residen\ntial, agricultural, commercial, industrial, and other \npurposes, but also interests in having the present\nuse value of the land unimpaired by changes in its \nphysical condition. [Cases: Nuisance (;:::;> 1.] \njoint interest. An interest that is acquired at the same \ntime and by the same title as another person's. See \njoint tenancy under TENANCY. [Cases: Joint Tenancy \n(;:::;> 1.] \njunior interest. An interest that is subordinate to a \nsenior interest. \nlegal interest. (17c) 1. An interest that has its origin \nin the principles, standards, and rules developed by \ncourts oflaw as opposed to courts ofchancery. 2. An \ninterest recognized by law, such as legal title. \nlegally protected interest. A property interest that the \nlaw will protect against impairment or destruction, \nwhether in law or in equity. \nliberty interest. (1960) An interest protected by the \ndue-process clauses ofstate and federal constitutions. \nSee FUNDAMENTAL RIGHT (2). [Cases: Constitutional \nLaw (;:::;>3873.] \nmultiple interest. A property interest that is good \nagainst an indefinitely large number of people. \npecuniary interest. See financial interest. \npossessory interest. See POSSESSORY INTEREST. \npresent interest. (17c) 1. A property interest in which \nthe privilege ofpossession or enjoyment is present and \nnot merely future; an interest entitling the holder to \nimmediate possession. -Also termed present estate. \nCf. FUTURE INTEREST. [Cases: Estates in Property (;:::;> \n1.] 2. A trust interest in which the beneficiary has \nthe immediate beneficial enjoyment of the trust's \nproceeds. 3. A trust interest in which the trustee \nhas the immediate right to control and manage the \nproperty in trust. \nproprietary interest. (17c) A property right; specif., the \ninterest held by a property owner together with all \nappurtenant rights, such as a stockholder's right to \nvote the shares. [Cases: Corporations (;:::;>635.] reliance interest. (1936) The interest of a nonbreach\ning party in being put in the position that would have \nresulted ifthe contract had not been made, including \nout-of-pocket costs. [Cases: Damages (;:::;> 117.] \nrestitution interest. A nonbreaching party's interest \nin preventing the breaching party from retaining a \nbenefit received under the contract and thus being \nunjustly enriched. The benefit may have been \nreceived from the nonbreaching party or from a third \nparty. [Cases: Implied and Constructive Contracts \n(;:::;>4.] \nreversionary interest. A future interest left in the trans\nferor or successor in interest. See REVERSION. [Cases: \nReversions (;:::;> 1.] \nsenior interest. An interest that takes precedence over \nothers; esp., a debt security or preferred share that has \na higher claim on a corporation's assets and earnings \nthan that ofa junior obligation or common share. \nterminable interest. (1883) An interest that may be ter\nminated upon the lapse of time or upon the occur\nrence ofsome condition. \nundivided interest. (18c) An interest held under the \nsame title by two or more persons, whether their \nrights are equal or unequal in value or quantity. \nAlso termed undivided right; undivided title;frac\ntional interest. See joint tenancy and tenancy in \ncommon under TENANCY. [Cases: Joint Tenancy (;:::;> \n1; Tenancy in Common (;:::;> 1.] \nvested interest. (18c) An interest for which the right to \nits enjoyment, either present or future, is not subject \nto the happening ofa condition precedent. \nworking interest. See WORKING INTEREST. \n3. The compensation fixed by agreement or allowed \nby law for the use or detention of money, or for the \nloss of money by one who is entitled to its use; esp., \nthe amount owed to a lender in return for the use of \nborrowed money. -Also termed finance charge. See \nUSURY. [Cases: Interest (;:::;> 1,8.] \naccrued interest. (18c) Interest that is earned but not \nyet paid, such as interest that accrues on real estate \nand that will be paid when the property is sold if, in \nthe meantime, the rental income does not cover the \nmortgage payments. \nadd-on interest. (1952) Interest that is computed on \nthe original face amount of a loan and that remains \nthe same even as the principal declines . A $10,000 \nloan with add-on interest at 8% payable over three \nyears would require equal annual interest payments \nof $800 for three years, regardless ofthe unpaid prin\ncipal amount. With add-on interest, the effective rate \nof interest is typically about twice the stated add-on \ninterest rate. In the example just cited, then, the \neffective rate ofinterest would be about 16%. -Also \ntermed block interest. See add-on loan under LOAN. \nBoston interest. Interest computed by using a 30-day \nmonth rather than the exact number of days in the \nmonth. -Also termed New York interest. \n\n887 interest policy \ncompound interest. (17c) Interest paid on both the i interest is paid. -Also termed straight-line interest. \nprincipal and the previously accumulated interest. \nCf. simple interest. [Cases: Interest C~)60; Usurv ~ \n49.] , \nconventional interest. (1878) Interest at a rate agreed \nto by the parties themselves, as distinguished from \nthat prescribed by law. Cf. interest as damages. [Cases: \nInterest G-~4, 32.] \ndiscount interest. The interest that accrues on a dis\ncounted investment instrument (such as a govern\nment bond) as it matures. The investor receives the \ninterest when the instrument is redeemed. [Cases: \nGnited States ~';\"91.] \ngross interest. (1884) A borrower's interest payment \nthat includes administrative, service, and insurance \ncharges. \nimputed interest. (1968) Interest income that the IRS \nattributes to a lender regardless of whether the lender \nactually receives interest from the borrower . This \nis common esp. in loans between family members. \n[Cases: Internal Revenue ~3132.20.] \ninterest as damages. (1841) Interest allowed by law in \nthe absence of a promise to pay it, as compensation for \na delay in paying a fixed sum or a delay in assessing \nand paying damages. Cf. conventional interest. \nlawful interest. 1. A rate ofinterest that is less than or \nequal to the statutory maximum. [Cases: Usury \n42; Wills Cr~602.] 2. See legal interest. \nlegal interest. 1. Interest at a rate usu. prescribed by \nstatute. Courts often order monetary judgments \nto accumulate legal interest until paid. Cf. legal rate \nunder INTEREST RATE. [Cases: Interest ~31,39(3).] \n2. See lawful interest. \nillegal interest. See USURY. \nmoratory interest. See prejudgment interest. \nNew York interest. See Boston interest. \nprejudgment interest. Statutorily prescribed interest \naccrued either from the date of the loss or from the \ndate when the complaint was filed up to the date the \nfinal judgment is entered. Prejudgment interest is \nusu. calculated only for liquidated sums. Depending \non the statute, it mayor may not be an element of \ndamages. Also termed moratory interest. [Cases: \nInterest ~39(2.5).] . \nprepaid interest. (1887) Interest paid before it is earned. \n[Cases: Usury~44.] \nqualified residence interest. (1993) Tax. Interest paid \non debt that is secured by one's home and that was \nincurred to purchase, build, improve, or refinance \nthe home . This type of interest is deductible from \nadjusted gross income. [Cases: Internal Revenue ~ \n3282.] \nsimple interest. (l7c) Interest paid on the principal only \nand not on accumulated interest . Interest accrues \nonly on the"}
{"text": "simple interest. (l7c) Interest paid on the principal only \nand not on accumulated interest . Interest accrues \nonly on the principal balance regardless ofhow often Cf. compound interest. [Cases: Interest ~60.] \nstraight-line interest. See simple Interest. \nunearned interest. (1880) Interest received by a finan\ncial institution before it is earned. \nunlawful interest. See USURY. \ninterest-analysis technique. (1964) Conflict oflaws. A \nmethod ofresolVing choice-of-law questions by review\ning a state's laws and the state's interests in enforcing \nthose laws to determine whether that state's laws or those \nof another state should apply. Also termedgovernmen\ntal-Interest-analysis technique. [Cases: Action 17.] \n\"Professor Brainerd Currie gets the major credit for develop \ning the interest analYSis, or governmental interest analYSiS, \ntechnique. Interest analysis requires an examination into \ncompeting laws to determine their underlying poliCies and \nthe strength of the relative interests the competing sover \neigns have in the application of their respective laws in the \nparflcular situation. The facts will vary and the strength of \nthe relevant policies will wax and wane accordingly.\" David \nD. Siegel, Conflicts in a Nutshell 237 (2d ed. 1994). \ninterest arbitration. See ARBITRATION. \ninterest as damages. See INTEREST (3). \ninterest-based quorum. See QUORUM. \ninterest bond. See BOND (3). \ninterest coupon. See COUPON. \ninterest-coverage ratio. The ratio between a company's \npretax earnings and the annual interest payable on \nbonds and loans. \ninterested party. See PARTY (2). \ninterested person. See PERSON (1). \ninterested shareholder. See SHAREHOLDER. \ninterested stockholder. See interested shareholder under \nSHAREHOLDER. \ninterested witness. See WITNESS. \ninterest-equalization tax. See TAX. \ninterest factor. Insurance. In life-insurance ratemaking, an \nestimate ofthe interest or rate ofreturn that the insurer \nwill earn on premium payments over the life of a pol icy. \n 1he interest factor is one element that a life insurer uses \nto calculate premium rates. See PREMIUM RATE; gross \npremium (1) under PREMIUM (1). Cf. MORTALITY FACTOR; \nRISK FACTOR. [Cases: Insurance ~1542(1).] \ninterest-free loan. See LOAN. \nInterest on Lawyers' Trust Accounts. A program that \nallows a lawyer or law firm to deposit a client's retained \nfunds into an interest-bearing account that desig\nnates the interest payments to charitable, law-related \npurposes, such as providing legal aid to the poor. \nAlmost all states have either a voluntary or mandatory \nIOLTA program. Abbr. IOLTA. [Cases: Attorney and \nClient ~120.] \ninterest-only loan. See LOAN. \ninterest-only mortgage. See MORTGAGE. \ninterest policy. See INSURANCE POLICY. \n\ninterest rate 888 \ninterest rate. (1886) The percentage that a borrower of \nmoney must pay to the lender in return for the use of \nthe money, usu. expressed as a percentage of the prin\ncipal payable for a one-year period. -Often shortened \nto rate. -Also termed rate ofinterest. [Cases: Interest \nC=>27-38.] \nannual percentage rate. (1941) The actual cost ofbor\nrowing money, expressed in the form of an annual\nized interest rate. -Abbr. APR. \nbank rate. The rate of interest at which the Federal \nReserve lends funds to member banks. \ncontract rate. (1856) The interest rate printed on the \nface ofa bond certificate. \ncoupon rate. 1. The specific interest rate for a coupon \nbond. -Also termed coupon interest rate. See coupon \nbond under BOND (3). 2. See nominal rate. \ndiscount rate. (1913) 1. The interest rate at which a \nmember bank may borrow money from the Federal \nReserve. This rate controls the supply of money \navailable to banks for lending. Cf. rediscount rate. \n2. The percentage of a commercial paper's face value \npaid by an issuer who sells the instrument to a finan\ncial institution. 3. The interest rate used in calculating \npresent value. \neffective rate. (1912) The actual annual interest rate, \nwhich incorporates compounding when calculating \ninterest, rather than the stated rate or coupon rate. \nface rate. See nominal rate. \nfloating rate. (1921) A varying interest rate that is tied \nto a financial index such as the prime rate. \nillegal rate. (1867) An interest rate higher than the rate \nallowed by law. See USURY. [Cases: Usury C=>42.] \nlegal rate. (1857) 1. The interest rate imposed as a \nmatter of law when none is provided by contract. \n[Cases: Interest C=>31.] 2. The maximum interest \nrate, set by statute, that may be charged on a loan. See \nlegal interest under INTEREST (3). Cf. USURY. [Cases: \nUsury C=>42.] \nlock rate. (2000) A mortgage-application interest rate \nthat is established and guaranteed for a specified \nperiod. -Also termed locked-in rate. \nnominal rate. (1872) The interest rate stated in a loan \nagreement or on a bond, with no adjustment made for \ninflation. -Also termed coupon rate;face rate; stated \nrate; stated interest rate. \nprime rate. (1952) The interest rate that a commercial \nbank holds out as its lowest rate for a short-term loan \nto its most creditworthy borrowers, usu.large corpo\nrations. This rate, which can vary slightly from bank \nto bank, often dictates other interest rates for various \npersonal and commercial loans. -Often shortened \nto prime. -Also termed prime lending rate. \nreal rate. (1895) An interest rate that has been adjusted \nfor inflation over time. \nrediscount rate. The interest rate at which a member \nbank may borrow from the Federal Reserve on a loan secured by commercial paper that has already been \nresold by the bank. \nstated rate. See nominal rate. \nvariable rate. (1970) An interest rate that varies at \npreset intervals in relation to the current market rate \n(usu. the prime rate). \ninterest-rate swap. An agreement to exchange interest \nreceipts or interest-payment obligations, usu. to adjust \none's risk exposure, to speculate on interest-rate \nchanges, or to convert an instrument or obligation from \na fixed to a floating rate -or from a floating to a fixed \nrate. The parties to such an agreement are termed \n\"counterparties.\" \ngeneric swap. See plain-vanilla swap. \nplain-vanilla swap. A typical interest-rate swap that \ninvolves one counterparty's paying a fixed interest \nrate while the other assumes a floating interest rate \nbased on the amount ofthe principal of the underly\ning debt.  The underlying debt, called the \"notional\" \namount of the swap, does not change hands -only \nthe interest payments are exchanged. -Also termed \ngeneric swap. \ninterest unity. See unity ofinterest under UNITY. \ninterest warrant. See WARRANT (2). \ninterferant. 1. Something that interferes with the proper \nfunction ofa chemical analysis; specif., a chemical con\ntaminant that renders the results ofa blood, breath, or \nurine test unreliable. 2. Patents. A party to an inter\nference proceeding in the U.S. Patent and Trademark \nOffice. This term declined in use after the 1960s; \ntoday the PTO and courts use the term \"contestant.\" \nAlso termed (in sense 2) contestant. See CONTESTANT \n(3). [Cases: Patents C=> 106(1).) \ninterference, n. (18c) 1. The act ofmeddling in another's \naffairs. 2. An obstruction or hindrance. 3. Patents. An \nadministrative proceeding in the U.S. Patent and Trade\nmark Office to determine who is entitled to the patent \nwhen two or more applicants claim the same inven\ntion, or when an application interferes with an existing \npatent. This proceeding occurs when the same inven\ntion is claimed (1) in two pending applications, or (2) \nin one pending application and a patent issued within \na year of the pending application's filing date. -Also \ntermed priority contest. [Cases: Patents C=> 106.) 4. \nTrademarks. An administrative proceeding in the U.S. \nPatent and Trademark Office to determine whether a \nmark one party wants to register will cause confusion \namong consumers with another party's mark.  An \nadministrative hearing may be held to determine whose \nmark prevails, but applicants usu. withdraw their appli\ncations and devise new marks instead. [Cases: Trade\nmarks C=> 1289.) -interfere, vb. \ninterference-estoppel rejection. See REJECTION. \ninterference with a business relationship. See TORTIOUS \nINTERFERENCE WITH PROSPECTIVE ADVANTAGE. \n\n889 \ninterference with a contractual relationship. See \nTORTIOUS INTERFERENCE WITH CONTRACTUAL RELA\nTIONS. \ninterference with contract. See TORTIOUS INTERFER\nENCE WITH CONTRACTUAL RELATIONS. \nintergenerationallove. 1. Affection between adults and \nchildren. -This sense usu. refers to interfamilial affec\ntion, as between grandparents and grandchildren, and \ndoes not include sexual feelings. 2. Romance or sexual \ncontact between a child below the age of consent and \nan adult. -Pedophiles use the term as a euphemism to \nassert that sexual contact between adults and children \nis consensual. \nintergovernmental immunity. See IMMUNITY (1). \nintergovernmental-immunity doctrine. (1939) Con\nstitutionallaw. The principle that both the federal gov\nernment and the states are independent sovereigns, \nand that neither sovereign may intrude on the other in \ncertain political spheres. Cf. PREEMPTION (5). [Cases: \nStates C=> 18.93.) \nIntergovernmental Maritime Consultative Organiza\ntion. A unit ofthe United Nations charged with setting \ninternational standards for vessel safety and person\nnel training for shipping on the open seas. Abbr. \nIMCO. \ninterim, adj. (16c) Done, made, or occurring for an inter\nvening time; temporary or provisional <an interim \ndirector>. \ninterim bond. See BOND (2). \ninterim committitur (in-t~-rim k~-mit-~-t~r). [Latin \"in \nthe meantime, let him be committed\") A court order \ndirecting that a defendant be incarcerated pending \nfurther action. \ninterim curator. See CURATOR (2). \ninterim dominus (in-t~r-im dom-~-n~s). [Law Latin] \nHist. Proprietor in the meantime. -The feminine form \nis domina. \n\"A widow is interim domina of terce lands after her service, \nand in virtue thereof may either possess them herself, or let \nthem out to tenants.\" John Trayner, Travner's Latin Maxims \n286 (4th ed. 1894). \ninterim financing. See FINANCING. \ninterim measure of protection. Int'llaw. An interna\ntional tribunal's order to prevent a litigant from preju\ndicing the final outcome of a lawsuit by arbitrary action \nbefore a judgment has been reached. _ This measure \nis comparable to a temporary injunction in national \nlaw. \ninterim-occupancy agreement. (1962) A contract gov\nerning an arrangement (called a leaseback) whereby the \nseller rents back property from the buyer. See LEASE\nBACK. \ninterim order. See ORDER (2). \ninterim receipt. See RECEIPT. \ninterim relief. See RELIEF. interloper \ninterim statement. Accounting. A periodic financial \nreport issued during the fiscal year (usu. quarterly) that \nindicates the company's current performance. -The \nSEC requires the company to file such a statement if it \nis distributed to the company's shareholders. -Also \ntermed interim report. \ninterim trustee. See TRUSTEE (2). \ninterim zoning. See ZONING. \ninterinsurance. See reciprocal insurance under INSUR\nANCE. \ninterinsurance exchange. See RECIPROCAL EXCHANGE. \nInterior Department. See DEPARTMENT OF THE \nINTERIOR. \ninterlineation (in-tdr-lin-ee-ay-sh~n), n. (I5c) 1. The act \nof writing something between the lines of an earlier \nwriting. 2. Something written between the lines ofan \nearlier writing. Cf. INTERPOLATION (1). interline, \nvb. \ninterlining. A carrier's practice of transferring a \nshipment to another carrier to reach a destination not \nserved by the transferring carrier. \ninterlocking confessions. See CONFESSION. \ninterlocking director. See DIRECTOR. \ninterlocutor (in-t~r-Iok-p-tdr). Scots law. A nonfinal \njudicial order disposing of any part ofa case. \ninterlocutory (in-t~r-Iok-y~-tor-ee), adj. (I5c) (Of an \norder, judgment, appeal, etc.) interim or temporary; \nnot constituting a final resolution of the whole con\ntroversy. Also termed medial. [Cases: Appeal and \nError <:;=66-84; Criminal Law C=> 1023(3); Federal \nCourts <>572-583.] \ninterlocutory appeal. See APPEAL. \nInterlocutory Appeals Act. A federal statute, enacted in \n1958, that grants discretion to a U.S. court of appeals to \nreview an interlocutory order in a civil case if the trial \njudge states in writing that the order involves a con\ntrolling question oflaw on which there is substantial \nground for difference ofopinion, and that an immedi\nate appeal from the order may materially advance the \ntermination of the litigation. 28 USCA  1292(b). Cf. \nFINALITY DOCTRINE; FINAL-JUDGMENT RULE. [Cases: \nFederal Courts C:::>660.L) \ninterlocutory application. See APPLICATION. \ninterlocutory costs. See COSTS (3). \n"}
{"text": "L) \ninterlocutory application. See APPLICATION. \ninterlocutory costs. See COSTS (3). \ninterlocutory decision. See interlocutory order under \nORDER (2). \ninterlocutory decree. See interlocutory judgment under \nJUDGMENT. \ninterlocutory injunction. See preliminary injunction \nunder INJUNCTION. \ninterlocutory judgment. See JUDGMENT. \ninterlocutory order. See ORDER (2). \ninterloper, n. (16c) 1. One who interferes without justifi\ncation. 2. One who trades illegally. -interlope, vb. \n\n890 intermeddler \nintermeddler. See OFFICIOUS INTERMEDDLER. \nintermediary (in-tar-mee-dee-er-ee), n. (18c) A mediator \nor go-between; a third-party negotiator. Cf. FINDER \n(1). -intermediate (in-tar-mee-dee-ayt), vb. \ninformed intermediary. Products liability. A person \nwho is in the chain ofdistribution from the manu\nfacturer to the consumer and who knows the risks of \nthe product. -Also termed learned intermediary. \n[Cases: Products Liability (;:::~j 136.) \nintermediary bank. See BANK. \nintermediate account. See ACCOUNT. \nintermediate casing. See CASING. \nintermediate court. See COURT. \nintermediate order. See interlocutory order under ORDER \n(2). \nintermediate scrutiny. (1974) Constitutional law. A \nstandard lying between the extremes of rational-basis \nreview and strict scrutiny. -Under the standard, if a \nstatute contains a quasi-suspect classification (such as \ngender or legitimacy), the classification must be sub\nstantially related to the achievement of an important \ngovernmental objective. Also termed middle-level \nscrutiny; mid-level scrutiny; heightened scrutiny. Cf. \nSTRICT SCRUTINY; RATIONAL-BASIS TEST. [Cases: Con\nstitutional Law (;='3061.J \nintermediation. (17c) 1. Any process involving an inter\nmediary. 2. The placing offunds with a financial inter\nmediary that reinvests the funds, such as a bank that \nlends the funds to others or a mutual fund that invests \nthe funds in stocks, bonds, or other instruments. \nin terminis (in tar-ma-nis). [Law Latin] Hist. In express \nterms; expressly. \nin terminis terminantibus (in tar-m<3-nis tar-ma-nan\nti-b<3s), adv. & adj. [Law Latin] Hist. In terms of deter\nmination; in express or determinate terms. \nintermittent easement. See EASEMENT. \nintermittent sentence. See SENTENCE. \nintermixture ofgoods. See CONFUSION OF GOODS. \nintermodal transport. See MULTIMODAL SHIPPING. \nintermunicipallaw. See private international law under \nINTERNATIONAL LAW. \nintern, n. (1889) An advanced student or recent graduate \nwho is apprenticing to gain practical experience before \nentering a specific profession. See CLERK (4). intern\nship, n. \nintern, vb. (1866) 1. To segregate and confine a person \nor group, esp. those suspected ofhostile sympathies in \ntime of war. See INTERNMENT. [Cases: War and National \nEmergency (;:::-j51.] 2. To work in an internship. \ninternal act. See ACT. \ninternal-affairs doctrine. Conflict oflaws. The rule that \nin disputes involving a corporation and its relationships \nwith its shareholders, directors, officers, or agents, the \nlaw to be applied is the law ofthe state of incorporation.  This doctrine applies in the majority ofstates. In a few \nstates, notably California and New York, foreign corpo\nrations must meet state-law requirements in specified \ncircumstances. [Cases: Corporations C='640.) \n\"Broadly speaking, 'corporate internal affairs' refers to the \npowers and obligations of a corporation's manager vis-a\nvis the corporation and its shareholders, and the rights \nand duties of the corporation's shareholders vis-a-vis the \ncorporation, its management and the other sharehold\ners. Put differently, corporate internal affairs pretty much \nencompass the subject matter of those state laws typically \nreferred to as corporate law. In dealing with a corpora\ntion's internal affairs, courts ... have looked to the law of \nthe state of incorporation for the governing rule. Courts \noften refer to this choice of law prinCiple as the 'internal \naffairs doctrine.''' Franklin A. Gevurtz, Corporation Law \n36 (2000). \ninternal affairs of a foreign corporation. Conflict of \nlaws. Matters that involve only the inner workings of \na corporation, such as dividend declarations and the \nselection ofofficers. [Cases: Corporations C='640.] \n\"The old statement that a court will not hear cases involv\ning the internal affairs of a foreign corporation has been \npractically dropped from the law today, and the result \nwhen appropriate is achieved under the forum non conve\nniens rule. Modern courts recognize their jurisdiction to \nentertain such suits, and insist only upon a discretionary \npower to refuse to exercise the existent jurisdiction when \nthe facts make it both feasible and more desirable for the \ncase to be heard by a court of the state of incorporation.\" \nRobert A. Leflar, American Conflicts Law  255. at 512-13 \n(3d ed. 1977). \ninternal attack. A beneficiary's questioning ofthe pro\npriety of a trust's continuance, the purpose being to \nterminate the trust and receive from the trustee the \ninterests held for the beneficiary's benefit. \ninternal audit. See AUDIT. \ninternal commerce. See intrastate commerce under \nCOMMERCE. \ninternal financing. See FINANCING. \ninternal law. See LAW. \ninternal litigation-hold letter. See LITIGATION-HOLD \nLETTER. \ninternally displaced person. See displaced person under \nPERSON (1). \ninternal rate of return. See RATE OF RET1:RN. \ninternal revenue. Governmental revenue derived from \ndomestic taxes rather than from customs or import \nduties. -Also termed (outside the United States) \ninland revenue. \nInternal Revenue Code. Title 26 of the u.s. Code, con\ntaining all current federal tax laws. Abbr. IRe. \nAlso termed tax law. \nInternal Revenue Service. A unit in the U.S. Department \nof the Treasury responsible for enforCing and admin\nistering the internal-revenue laws and other tax laws \nexcept those relating to alcohol, tobacco, firearms, and \nexplosives. -Abbr. IRS. [Cases: Internal Revenue (;= \n3003,4440-4443.) \ninternal security. The field oflaw dealing with measures \ntaken to protect a country from subversive activities. \n\n891 \ninternal-security act. (1950) A statute illegalizing and \ncontrolling subversive activities of organizations whose \npurpose is believed to be to overthrow or disrupt the \ngovernment.  In the United States, many provisions \nin such statutes have been declared unconstitutional. \nOne such law was repealed in 1993. See 50 USCA  781. \n[Cases: Treason C~l.l \ninternal sovereignty. See SOVEREIGNTY (3). \ninternal waters. Any natural or artificial body or stream \nofwater within the territorial limits ofa country, such \nas a bay, gulf, river mouth, creek, harbor, port, lake, or \ncanal. -Also termed inland waters. \n\"Waters on the landward side of the baseline of the territo\nrial sea form part of the internal waters of a State.\" Geneva \nConvention on the Territorial Sea and the Contiguous Zone, \nApr. 29, 1958, art. 5, , 1. \ninternational administrative law. See ADMINISTRATIVE \nLAW. \ninternational agreement. (1871) A treaty or other \ncontract between different countries. such as GATT \nor NAFTA. See GENERAL AGREEMENT ON TARIFFS AND \nTRADE; NORTH AMERICAN FREE TRADE AGREEMENT. \n[Cases: Treaties ~1-14.1 \n\"Though international agreements are known by a variety \nof titles, such as treaties, conventions, pacts, acts, declara\ntions, protocols, accords, arrangements, concordats, and \nmodi vivendi, none of these terms has an absolutely fixed \nmeaning. The more formal political agreements, however, \nare usually called treaties or conventions.\" Oscar Svarlien, \nAn Introduction to the Law of Nations 261 (1955). \ninternational application. See PATENT APPLICATION. \ninternational application designating the United \nStates. See PATENT APPLICATION. \ninternational application originating in the United \nStates. See PATENT APPLICATION. \nInternational Association. See L'ASSOCIATION LIT\nTERAIRE ET ARTISTIQUE INTERNATIONALE. \nInternational Bank for Reconstruction and Develop\nment. See WORLD BANK. \ninternational bill of exchange. See foreign draft under \nDRAFT. \nInternational Bureau for the Protection of Intellec\ntual Property. Copyright. A predecessor of the World \nIntellectual Property Organization . The bureau was \ncreated by combining the Paris Convention's Secre\ntariat (the International Bureau for the Paris Conven\ntion) with the Berne Copyright Convention of 1886. It \nwas supervised by the Swiss government until 1970, \nwhen the bureau became part of WI PO. -Also termed \nBureaux Internationaux Reunis pour la Protection de \nfa Propriete lntellectuelle; BIRPI. \nInternational Centre for Settlement of Investment \nDisputes. An autonomous division of the World Bank \nconSisting ofan international three-member tribunal \nthat presides over arbitrations affecting the rights of \nforeign investors . The center was created in 1966 \nunder the Convention on the Settlement of Investment \nDisputes Between States and Nationals of Other States. International Criminal Police Organization \nIt provides services for the conciliation and arbitra\ntion of international investment and trade disputes. \nAbbr. ICSID. \ninternational commerce. See COMMERCE. \ninternational control. Int'llaw. The supervision over \ncountries and their subdivisions for the purpose of \nensuring the conformity of their conduct with inter\nnational law. \n\"[Sjupervision is exercised increasingly not only over the \nconduct of governmental and intergovernmental institu\ntions, but also over the acts and omissions of individuals \nto establish their conformity with requirements of public \ninternational law. Yet even where supranational entities, \nnotably the European Communities, exercise international \ncontrol over the conduct of individuals and corporate \nbodies, generally the supervision is destined to verify or \nsecure conformity of governmental measures with relevant \nrules of law.\" Hugo J. Hahn, \"International Controls,\" in 2 \nEncyclopedia ofPublic International Law 1079-80 (1995). \nInternational Convention for the Protection of Per\nformers, Producers of Phonograms and Broadcasting \nOrganizations. See ROME CONVENTION. \nInternational Court ofJustice. The IS-member perma\nnent tribunal that is the principal judicial organ ofthe \nUnited Nations . The Court sits in the Hague, Nether\nlands. It has jurisdiction to decide disputes submitted to \nit by nations, and to render advisory opinions requested \nby the United Nations and its specialized agencies. The \nU.N. Security Council has the express power to enforce \nthe Court's judgments. Abbr. IC]. -Also termed \nWorld Court. [Cases: International Law c.~1O.45.} \ninternational crime. Int'llaw. A grave breach of inter\nnational law, such as genocide or a crime against \nhumanity, made a punishable offense by treaties or \napplicable rules of customary international law . An \ninternational crime occurs when three conditions are \nsatisfied: (1) the criminal norm must derive either from \na treaty concluded under international law or from cus\ntomary international law, and must have direct binding \nforce on individuals without intermediate provisions of \nmunicipal law. (2) the provision must be made for the \nprosecution of acts penalized by international law in \naccordance with the principle of universal jurisdiction, \nso that the international character of the crime might \nshow in the mode of prosecution itself (e.g., before the \nInternational Criminal Court), and (3) a treaty estab\nlishing liability for the act must bind the great majority \nof countries. -Also termed international offense. \nInternational Criminal Court. A court established \nby a treaty known as the Statute of the International \nCriminal Court (effective 2002), with jurisdiction over \ngenocides, crimes against humanity, war crimes. and \naggression. It sits in The Hague, Netherlands. -Abbr. \nICC. \nInternational Criminal Police Organization. An inter\nnational law-enforcement group founded in 1923 and \nheadquartered in Lyons, France . The organization \ngathers and shares information on transnational crimi\nnals for more than 180 member nations. -Also termed \nInterpol. \n\n892 international economic law \n\"Interpol is something of a legal curiosity: it engages in \nintergovernmental activities and yet is not based on any \ntreaty, convention, or other similar instrument. Its founding \ndocument is a constitution, drawn up by a group of police \nofficers, that has neither been submitted for diplomatic \nsignatures nor ratified by governments. Nevertheless, \nthe organization received de facto recognition from the \noutset.... Interpol was formally granted the status of an \n'intergovernmental agency' by the Economic and Social \nCouncil of the United Nations in 1971, and this is regarded \nas a form of de jure legitimization.\" Michael Fooner, \n\"Interpol,\" in 3 Encyclopedia of Crime and Justice 910, 910 \n(Sanford H. Kadish ed., 1983). \ninternational economic law. (1939) International law \nrelating to investment, economic relations, economic \ndevelopment, economic institutions, and regional \neconomic integration. \ninternational enclave. See ENCLAVE. \ninternational extradition. See EXTRADITION. \ninternational filing date. See PCT FILING DATE. \ninternational fund. See MUTUAL FUND. \ninternationalization. The act or process of bringing a \nterritory of one country under the protection or control \nof another or of several countries. \n\"[Tlhe concept of internationalization is characterized by \nthree elements: the abolition or limitation"}
{"text": "of another or of several countries. \n\"[Tlhe concept of internationalization is characterized by \nthree elements: the abolition or limitation of the sover\neignty of a specific State; the serving of community inter\nests or at least the interests of a group of States; and the \nestablishment of an international institutional framework, \nnot necessarily involving an international organization.\" \nRudiger Wolfrum, \"Internationalization,\" in 2 Encyclopedia \nofPublic International Law 1395 (1995). \ninternational jurisdiction. See rURISDICTION. \ninternational law. (ISc) The legal system governing the \nrelationships between nations; more modernly, the law \nof international relations, embracing not only nations \nbut also such participants as international organiza\ntions and individuals (such as those who invoke their \nhuman rights or commit war crimes). -Also termed \npublic international law; law ofnations; law ofnature \nand nations; jus gentium; jus gentium publicum; jus \ninter gentes;foreign-relations law; interstate law; law \nbetween states (the word state, in the latter two phrases, \nbeing equivalent to nation or country). Cf TRANSNA\nTIONAL LAW. [Cases: International Law <::=l-13.J \n\"[I]nternationallaw or the law of nations must be defined \nas law applicable to states in their mutual relations and to \nindividuals in their relations with states. International law \nmay also, under this hypothesis, be applicable to certain \ninterrelationships of individuals themselves, where such \ninterrelationships involve matters of international concern.\" \nPhilip C. Jessup, A Modern Law ofNations 17 (1949). \ncustomary international law. International law that \nderives from the practice ofstates and is accepted by \nthem as legally binding. -This is one ofthe principal \nsources or building blocks of the international legal \nsystem. \nprivate international law. International conflict of \nlaws. -Legal scholars frequently lament the name \n\"private international law\" because it misleadingly \nsuggests a body of law somehow parallel to public \ninternational law, when in fact it is merely a part of each legal system's private law. Also termed inter\nnational private law; jus gentium privatum; inter\nmunicipal law; comity; extraterritorial recognition of \nrights. See CONFLICT OF LAWS (2). \n\"[AJ word must be said about the name or title of the \nsubject. No name commands universal approval. The \nexpression 'Private International Law,' coined by Story in \n1834 Uoseph Story, Commentaries on the Conflict of Laws \n 9 (1834)], and used on the Continent by Uean Jacques \nGaspard] Foelix in 1838, has been adopted by Westlake and \nFoote and most French authors, The chief criticism directed \nagainst its use is its tendency to confuse private interna\ntional law with the law of nations or public international \nlaw, as it is usually called. There are obvious differences \nbetween the two, The latter primarily governs the relations \nbetween sovereign states and it may perhaps be regarded \nas the common law of mankind in an early state of devel\nopment; the former is designed to regulate disputes of \na private nature, notwithstanding that one of the parties \nmay be a private state. There is, at any rate in theory, one \ncommon system of public international law ... ; but ... \nthere are as many systems of private international law as \nthere are systems of municipal law:' G.c. Cheshire, Private \nInternational Law 15 (6th ed. 1961). \nInternational Law Commission. A body created in 1947 \nby the United Nations for the purpose of encouraging \nthe progressive development and codification ofinter\nnational law. _ The Commission is composed ofexperts \nin international law. It has drafted many important \ntreaties that have become binding treaty law, includ\ning the Vienna Convention on the Law on Treaties. \ninternational legal community. (1928) 1. The collec\ntive body of countries whose mutuallega! relations \nare based on sovereign equality. 2. More broadly, all \norganized entities haVing the capacity to take part in \ninternational legal relations. 3. An integrated organi\nzation on which a group ofcountries, by international \ntreaty, confer part of their powers for amalgamated \nenterprise. _ In this sense, the European Union is a \nprime example. \ninternational legislation. Int'llaw. 1. Law-making \namong countries or intergovernmental organizations, \ndisplaying structural and procedural characteristics \nthat are the same as national legislation. 2. 1he product \nof any concerted effort to change international!aw by \nstatute. 3. The process of trying to change international \nlaw by statute. 4. Loosely, the adoption by international \nbodies of binding decisions, other than judicial and \narbitral decisions, concerning specific situations or \ndisputes. \nInternational Monetary Fund. A U.N. specialized \nagency established to stabilize international exchange \nrates and promote balanced trade. -Abbr. IMF. [Cases: \nInternational Law <::= lO, lO,] \ninternational offense. See INTERNATIONAL CRIME. \ninternational organization. (1907) Int'llaw. 1. An inter\ngovernmental association of countries, established by \nand operated according to multilateral treaty, whose \npurpose is to pursue the common aims ofthose coun\ntries. -Examples include the World Health Organiza\ntion, the International Civil Aviation Organization, and \nthe Organization of Petroleum Exporting Countries. \n\n893 \n[Cases: International Law 10.45.] 2. Loosely, an \nintergovernmental or nongovernmental international \nassociation. \nInternational Parental Kidnapping Crime Act of 1993. \nA federal statute that implemented the Hague Conven\ntion on the Civil Aspects ofInternational Child Abduc\ntion. 18 USCA  1204. See HAGUE CONVENTION ON THE \nCIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION. \n[Cases: Kidnapping C=24.] \ninternational person. Int'llaw. An entity having a legal \npersonality in international law; one who, being a \nsubject of international law, enjoys rights, duties, and \npowers established in international law and has the \nability to act on the international plane. \ninternational private law. 1. See private international \nlaw under INTERNATIONAL LAW. 2. See CONFLICT OF \nLAWS (2). \ninternational regime. See REGIME. \nInternational Regulations for Preventing Collisions at \nSea. See INTERNATIONAL RULES OF THE ROAD. \ninternational relations. (1880) 1. World politics. 2. \nGlobal political interaction, primarily among sover\neign nations. 3. The academic discipline devoted to \nstudying world politics, embracing international law, \ninternational economics, and the history and art of \ndiplomacy. \ninternational river. See RIVER. \nInternational Rules of the Road. Maritime law. A set \nof statutes deSigned to promote navigational safety . \nThe International Rules were formalized at the conven\ntion on the International Regulations for Preventing \nCollisions at Sea, 1972. 'The rules set requirements for \nnavigation lights, day shapes, steering and sailing rules, \nsound signals in good and restricted viSibility condi\ntion, and distress Signals, among other things. Congress \nadopted the rules and enacted them in statutory form. \n33 USCA  1602. -Also termed 72 COLREGS; Inter\nnational Regulations for Preventing Collisions at Sea, \n1972. \nInternational Schedule of Classes of Goods and \nServices. Trademarks. A nearly worldwide classifica\ntion system that enhances organization and retrieval \nof registered marks within a category of goods or \nservices. -Abbr. ISCGS. \ninternational seabed. The seabed and ocean floor, as \nwell as the subsoil, lying beyond the territorial limits \nof nations. -Also termed international seabed area. \ninternational terrorism. See TERRORISM. \nInternational Trade Administration. A unit in the U.S. \nDepartment of Commerce responsible for promoting \nworld trade and strengthening the international trade \nand investment position ofthe United States . Created \nin 1980, the agency operates through three offices: the \nOffice of the Assistant Secretary for Import Services, \nthe Office ofthe Assistant Secretary for Market Access \nand Compliance, and the Office of the Assistant Secinterpel \nretary for Trade Development. -Abbr. ITA. [Cases: \nCustoms Duties 54.] \nInternational Trade Commission. See UNITED STATES \nINTERNATIONAL TRADE COMMISSION. \nInternational Trade Court. See UNITED STATES COURT \nOF INTERNATIONAL TRADE. \ninternational union. See UNION. \ninternational will. See WILL. \ninter naturalia feudi (in-t<lr nach-<l-ray-Iee-<l [fyoo\ndI]). [Law Latin] Scots law. Among the things naturally \narising from a feu . Such items include payment of \nduties and stipulated services to be performed for the \nsuperior. Sometimes shortened to inter naturalia. \ninternecine (in-tdr-nee-sin or in-t<lr-nee-sIn or in-t<lr\nnes-een), adj. (17c) 1. Deadly; characterized by mass \nslaughter. 2. Mutually deadly; destructive of both \nparties <an internecine civil war>. 3. Loosely, of or \nrelating to conflict within a group <internecine faculty \npolitics>. \nInternet Corporation for Assigned Names and \nNumbers. A nonprofit corporation established in 1998 \nto assign and manage the system of Internet domain \nnames and to allocate Internet-protocol (IP) address \nspace. -Abbr. ICANN. [Cases: Telecommunications \nC=1330.] \nInternet patent. See PATENT (3). \nInternet payment. See CYBERPAYMENT. \nInternet payment service. An enterprise that offers elec~ \ntronic transfers of money. \nInternet-protocol address. The lO-digit identification \ntag used by computers to locate specific websites. \nInternet scrip. See SCRIP. \nInternet service provider. A business or other organi\nzation that offers Internet access, typically for a fee. -\nAbbr. ISP. [Cases: Telecommunications (;::::; l320.J \ninternment (in-t;nn-m<lnt), n. The government-ordered \ndetention ofpeople suspected ofdisloyalty to the gov\nernment, such as the confinement of Japanese Ameri\ncans during World War II. [Cases: War and National \nEmergencyC=51.J- intern, vb. \ninternuncio (in-t<lr-n~n-shee-oh), n. [fro Latin irtternun\ntius] 1. A messenger between two parties. 2. A broker \nwho serves as agent ofboth parties to a transaction. \nAlso termed internuncius. 3. A papal representative at \na foreign court, ranking below a nuncio. Cf. NUNCIO \n(1); LEGATE (3). -internuncial, adj. \ninter pares (in-t<lr pair-eez), adv. & adj. [Latin] Between \npeers; between people in an equal position. \ninter partes (in-t<lr pahr-teez), adv. [Latin \"between \nparties\"] (1816) Between two or more parties; with two \nor more parties in a transaction. inter partes, adj. \ninter partes reexamination. See REEXAMINATION. \ninterpel. See INTERPELLATE. \n\n894 interpellate \ninterpellate (in-tar-pel-ayt), vb. 1. (Of a judge) to inter\nrupt, with a question, a lawyer's argument. 2. (Of a leg\nislator) to interrupt a legislature's calendar by bringing \ninto question a ministerial policy, esp. in the legislature \nof France, Italy, or Germany. -Also termed (in Scots \nlaw) interpel (in-tar-pel). -interpellation, n. \ninterpellatio (in-tdr-pd-Iay-shee-oh), n. [Latin \"a \ndemand, interruption\"] Roman law. 1. A demand for \npayment of a debt or for desistance from a course of \naction. 2. 'Ibe interruption of a process, e.g., of the \nacquisition of title by possession. 3. The institution of \na legal process or appeal. PI. interpellationes (in-tdr\npa-lay-shee-oh-neez). \ninterplea. (17c) A pleading by which a stakeholder places \nthe disputed property into the court's registry; the plea \nmade by an interpleader. See INTERPLEADER. \ninterplead, vb. (16c) 1. (Of a claimant) to assert one's own \nclaim regarding property or an issue already before the \ncourt. 2. (Of a stakeholder) to institute an interpleader \naction, usu. by depositing disputed property into the \ncourt's registry to abide the court's decision about who \nis entitled to the property. Cf. IMPLEAD. [Cases: Inter\npleader \ninterpleader, n. (16c) 1. A suit to determine a right to \nproperty held by a usu. disinterested third party (called \na stakeholder) who is in doubt about ownership and \nwho therefore deposits the property with the court to \npermit interested parties to litigate ownership. -Typi\ncally, a stakeholder initiates an interpleader both to \ndetermine who should receive the property and to avoid \nmultiple liability. Fed. R. Civ. P. 22. See STAKEHOLDER \n(1). Cf. IMPLEADER; INTERVENTION (1). [Cases: Inter\npleader <.c~1.] 2. Loosely, a party who interpleads. \nAlso termed (in civil law) concursus. \n\"Interpleader is a form of joinder open to one who does \nnot know to which of several claimants he or she is liable, \nif liable at all. It permits him or her to bring the claimants \ninto a single action, and to require them to litigate among \nthemselves to determine which, if any, has a valid claim. \nAlthough the earliest records of a procedure similar to \ninterpleader were at common law, it soon became an equi \ntable rather than a legal procedure.\" Charles Alan Wright, \nThe Law ofFederal Courts  74, at 531 (5th ed. 1994). \nInterpol (in-t;>r-pohl). See INTERNATIONAL CRIMINAL \nPOLICE ORGANIZATION. \ninterpolation (in-tdr-Pd-lay-sh~lI1), n. (17c) 1. The act of \ninserting words into a document to change or clarify \nthe meaning. -In a negative sense, interpolation \ncan refer to putting extraneous or false words into a \ndocument to change its meaning."}
{"text": "\nthe meaning. -In a negative sense, interpolation \ncan refer to putting extraneous or false words into a \ndocument to change its meaning. Cf. INTERLINEATION. \n2. (often pl.) Roman law. An editorial change made by \none of the compilers of the Digests and the Justinian \nCode. -The compilers made insertions, deletions, and \njuxtapositions in the texts, but made few real changes \nto the substantive law. -interpolate, vb. interpola\ntive, adj. interpolator, n. \ninterposition, n. (14c) 1. The act of submitting some\nthing (such as a pleading or motion) as a defense to an \nopponent's claim. 2. Archaic. The action ofa state, while \nexercising its sovereignty, in rejecting a federal mandate that it believes is unconstitutional or overreaching. \nThe Supreme Court has declared that interposition is \nan illegal defiance ofconstitutional authority. inter\npose, vb. \ninterpretatio (in-tar-pri-tay-shee-oh), n. [Latin] Roman \nlaw. An opinion ofa Roman jurist (an interpreter of \nthe law, not an advocate) who did not usu. appear in \ncourt. -Such an opinion was not originally binding, \nbut by the Law of Citations (A.D. 426), the opinions of \nfive jurists acquired binding force. See CITATIONS, LAW \nOF. PI. interpretationes (in-tdr-pri-tay-shee-oh-neez). \ninterpretatio limitata. See restrictive interpretation \nunder INTERPRETATION. \ninterpretation, n. (14c) 1. The process of determining \nwhat something, esp. the law or a legal document, \nmeans; the ascertainment of meaning to be given to \nwords or other manifestations of intention. [Cases: \nContracts \n\"Interpretation, as applied to written law, is the art or \nprocess of discovering and expounding the intended sig \nnification ofthe language used, that is, the meaning which \nthe authors of the law designed it to convey to others.\" \nHenry Campbell Black, Handbook on the Construction and \nInterpretation of the Laws 1 (1896). \n\"There is more to interpretation in general than the discov \nery of the meaning attached by the author to his words. \nEven if, in a particular case, that meaning is discoverable \nwith a high degree of certitude from external sources, \nthe question whether it has been adequately expressed \nremains.\" Rupert Cross, Statutory Interpretation 149 \n(1976). \nadministrative interpretation. An interpretation given \nto a law or regulation by an administrative agency. \n[Cases: Administrative Law and Procedure C:::;>413; \nStatutes \nauthentic interpretation. (1967) An interpretation \narrived at by asking the drafter or drafting body what \nthe intended meaning was. \n'The procedure of referring the doubtful statute to its \nauthor has acquired a name in the literature of jurispru \ndence. It is called 'authentic interpretation.' ... [Although] \nthis device has been tried in ... recent times in certain \nEuropean countries, ... [it] has always failed, and no \nthoughtful adviser would recommend it to any government \ntoday.\" Lon L. Fuller, Anatomy of the Law 29-30 (1968). \ncomparative interpretation. (1933) A method of statu\ntory construction by which parts of the statute are \ncompared to each other, and the statute as a whole is \ncompared to other documents from the same source \non a similar subject. \ncustomary interpretation. (1902) Interpretation \nbased on earlier rulings on the same subject. [Cases: \nCustoms and Usages C=;'j 15.] \nextensive interpretation. (17c) A liberal interpretation \nthat applies a statutory provision to a case not falling \nwithin its literal words. \ngrammatical interpretation. (1830) Interpretation that \nis based exclusively on the words themselves. lCases: \nStatutes \n\n895 \nliberal interpretation. (18c) Interpretation accord\ning to what the reader believes the author reasonably \nintended, even if, through inadvertence, the author \nfailed to think ofit. Also termed mixed interpreta\ntion. [Cases: Statutes <8=:235.] \nlimited interpretation. See restrictive interpretation. \nlogical interpretation. (1870) Interpretation that \ndeparts from the literal words on the ground that \nthere may be other, more satisfactory evidence ofthe \nauthor's true intention. -Also termed rational inter\npretation. \nmixed interpretation. See liberal interpretation. \npractical interpretation. See contemporaneous con\nstruction under CONSTRUCTION. \nrational interpretation. See logical interpretation. \nrestrictive interpretation. (17c) An interpretation that \nis bound by a principle or principles existing outside \nthe interpreted text. Also termed restricted inter\npretation; limited interpretation; interpretatio limitata. \nCf. unrestrictive interpretation. \nstatutory interpretation. See STATUTORY CONSTRUC\nTION. \nstrict interpretation. (16c) Interpretation according to \nwhat the reader believes the author must have been \nthinking at the time of the writing, and no more. \nTypically, this type of reading gives a text a narrow \nmeaning. [Cases: Statutes C= 174.] \nunrestrictive interpretation. (1968) Interpretation in \ngood faith, without reference to any specific principle. \nCf. restrictive interpretation. \n2. The understanding one has about the meaning of \nsomething. [Cases: Statutes C=, l74-278.J 3. A transla\ntion, esp. oral, from one language to another. 4. CHAR\nACTERIZATION (1). See CONSTRUCTION (2). -interpret, \nvb. interpretative, interpretive, adj. \ninterpretation clause. (1827) A legislative or contractual \nprovision giving the meaning offrequently used words \nor explaining how the document as a whole is to be \nconstrued. [Cases: Statutes C=179.] \ninterpretatio viperina (in-t~r-pri-tay-shee-oh VI-Pd\nn-na). [Law Latin \"a viper's interpretation\"] Hist. A dis\napproved method ofconstruction, by which ambiguous \ndocuments are interpreted in a way that destroys their \neffectiveness. \ninterpretative rule. Administrative law. 1. The require\nment that an administrative agency explain the statutes \nunder which it operates. 2. An administrative rule \nexplaining an agency's interpretation of a statute. \nAlso termed interpretive rule. Cf. LEGISLATIVE RULE. \n[Cases: Administrative Law and Procedure \n382.1.] \ninterpreted testimony. See TESTIMONY. \ninterpreter. (l4c) A person who translates, esp. orally, \nfrom one language to another; esp., a person who is \nsworn at a trial to accurately translate the testimony of \na witness who is deafor who speaks a foreign language. interrogation \n[Cases: Criminal Law Trial Witnesses \n<8=:230.] \ninterpretive rule. See INTERPRETATIVE RULE. \ninterpretivism. (1978) A doctrine of constitutional \ninterpretation holding that judges must follow norms \nor values expressly stated or implied in the language \nof the Constitution. Cf. NONINTERPRETIVISM; ORIGI\nNALISM. \n\"A long-standing dispute in constitutional theory has gone \nunder different names at different times, but today's ter \nminology seems as helpful as any. Today we are likely to \ncall the contending sides 'interpretivism' and 'noninter\npretivism' -the former indicating that judges deciding \nconstitutional issues should confine themselves to enforc \ning norms that are stated or clearly impliCit in the written \nConstitution, the latter the contrary view that courts should \ngo beyond that set of references and enforce norms that \ncannot be discovered within the four corners of the instru \nment.\" John Hart Ely, Democracy and Distrust 1 (1980). \ninter quattuor parietes (in-tdr kwah-too-<>r p<>-rI-<>\nteez), adv. & adj. [Law Latin] Within the four walls. \ninterracial adoption. See transracial adoption under \nADOPTION. \ninterracial marriage. See MISCEGENATION. \ninter regalia (in-tdr ri-gay-lee-<, adj. [Latin] Included in \nthe royal powers or prerogatives; among other things \nbelonging to the sovereign. -Also termed in patrimo\nnio principis. See REGALIA. \ninterregnum (in-t<>-reg-ndm). (l6c) 1. An interval \nbetween reigns; the time when a throne is vacant \nbetween the reign of a sovereign and the accession of \na successor. 2. Archaic. Authority exercised during a \ntemporary vacancy of the throne or a suspension of \nthe regular government. 3. A break or pause in a con\ntinuous event. \ninterrogatee (in-ter-<>-g;t-tee). A person who is interro\ngated. -Also termed interrogee (in-ter-d-gee). \ninterrogation, n. (ISc) The formal or systematic ques\ntioning of a person; esp., intensive questioning by the \npolice, usu. of a person arrested for or suspected of \ncommitting a crime. _ The Supreme Court has held \nthat, for purposes ofthe Fifth Amendment right against \nself-incrimination, interrogation includes 110t only \nexpress questioning but also words or actions that the \npolice should know are reasonably likely to elicit an \nincriminating response. Rhode Island v. Innis, 446 U.S. \n291, 100 S.Ct. 1082 (1980). [Cases: Criminal Law \n412.1(4).J interrogate, vb. -interrogative, adj. \ncustodial interrogation. (1966) Police questioning of \na detained person about the crime that he or she is \nsuspected ofhaving committed. -Miranda warnings \nmust be given before a custodial interrogation. [Cases: \nCriminal Law~412.1(4).] \ninvestigatory interrogation. (1962) Routine, nonac\ncusatory questioning by the police of a person who \nis not in custody. \nnoncustodial interrogation. (1966) Police questioning \nofa suspect who has not been detained and can leave \nat wilL -Miranda warnings are usu. not given before \n\n896 interrogative question \na noncustodial interrogation. [Cases: Criminal Law \n('::::412.1(4).] \ninterrogative question. Civil law. In a criminal trial, \na question asked of a witness to elicit inadmissible \nevidence relating to the crime at issue in the case. Cf. \nASSERTIVE QUESTION. \ninterrogator (in-ter-<l-gay-t<lr). (18c) One who poses \nquestions to another. \ninterrogatory (in-t<l-rog-<l-tor-ee), n. (16c) A written \nquestion (usu. in a set of questions) submitted to an \nopposing party in a lawsuit as part of discovery. See \nFed. R. Civ. P. 33. [Cases: Federal Civil Procedure (;:::::\n1471-1542; Pretrial Procedure \ncontention interrogatory. An interrogatory designed to \ndiscover the factual basis ofthe allegations in a com\nplaint, answer, or counterclaim, or to determine the \ntheory of the opposing party's case. [Cases: Federal \nCivil Procedure 0=' 1506; Pretrial Procedure \n276.] \ncross-interrogatory. (17c) An interrogatory from a \nparty who has received a set of interrogatories. [Cases: \nPretrial Procedure (;:::::-241, 246.] \nfact interrogatory. See identification interrogatory. \nidentijication interrogatory. A request for the respond\ning party to identify relevant documents, tangible \nobjects, or individuals who have knowledge of facts \nrelating to the lawsuit. Also termed Jact interroga\ntory; state-all-facts interrogatory. \nspecial interrogatory. (18c) A written jury question \nwhose answer is required to supplement a general \nverdict. -This term is not properly used in federal \npractice, which authorizes interrogatories and special \nverdicts, but not special interrogatories. Fed. R. Civ. P. \n49. The term is properly used, however, in the courts \nof some states. -Also termed special issue. [Cases: \nFederal Civil Procedure C=)2211-2220; Trial C-~ \n346-366.] \nstate-all-facts interrogatory. See identification inter\nrogatory. \ninterrogee. See INTERROGATEE. \nin terrorem (in te-ror-am), adv. & adj. [Latin \"in order \nto frighten\"] (17c) By way of threat; as a warning <the \ndemand letter was sent in terrorem; the client has no \nintention ofactually suing>. \nin terrorem clause. See NO-CONTEST CLAUSE. \nin terrorem populi (in te-ror-am pop-ya-h), adv. [Latin] \nHist. To the terror of the people. _ This phrase was nec\nessary in an indictment for riot. \ninterruptio (in-tar-rap-shee-oh). [Latin] Interruption. \n-This word refers to a break in the possession ofland \nthat ends a prescriptive claim. \ninterrnption. (l5c) A break in the period of possession \nofland, pOSSibly ending a claim to ownership by pre\nscriptive right \nlegal interruption. Louisiana law. A break in the \nrunning of prescription that occurs when the property's possessor acknowledges another person's \nownership rights, or the owner (or obligor) sues \nthe possessor (or obligor). La. Civ. Code arts. 3462, \n3464. Also termed legal interruption ojprescrip\ntion. [Cases: Adverse Possession (;:::::-46; Easements \n7(6).] \nnatural interruption. Louisiana law. A break of more \nthan one year in a possessor's period of possession \nafter a rightful owner or a third person seizes the \nreal property. La. Civ. Code art. 3465. Also termed \nnatural interruption ojprescription. [Cases; Adverse \nPossession 0='46; Easements (>::::>7(5), 7(6).] \ninter rusticos (in-t<lr ras-ti-kohs), adv. [Latin] Among \nthe unlearned. \ninter se (in-tar see or say). [Latin \"between or among \nthemselves\"]"}
{"text": "\nthe unlearned. \ninter se (in-tar see or say). [Latin \"between or among \nthemselves\"] (1845) (Of a right or duty) owed between \nthe parties rather than to others. Also termed inter \nsese (in-tar see-see). \n\"[TJhe law of nations is, or at least includes, a branch of \nnatural law, namely, the rules of natural justice as applica\nble to the relations of states inter se.\" John Salmond, Juris' \nprudence 32 (GlanVille L. Williams ed., 10th ed. 1947). \nintersection. (16c) A place where two roads meet or form \na junction. \ninter se doctrine. Int'llaw. The now-defunct doctrine \nthat relations between members of the British Com\nmonwealth were in no circumstances international \nand were incapable of giving rights and duties under \ninternational law. \ninter sese. See INTER SE. \ninterspollsal, adj. (1906) Between husband and wife. \ninterspousal immunity. See husband-wife immunity \nunder IMMUNITY (2). \ninterspousal tort immunity. See husband-wife immunity \nunder IMMUNITY (2). \ninterstate, adj. (1844) Between two or more states or resi\ndents ofdifferent states. \ninterstate adoption. See ADOPTION. \ninterstate agreement. (1876) An agreement between \nstates. Cf. interstate compact under COMPACT. [Cases: \nStates \nInterstate Agreement on Detainers Act. A law, origi\nnally enacted in 1956, that allows the federal govern\nment, certain states, and the District of Columbia to \ntemporarily obtain custody ofa prisoner for trial even \nthough the prisoner is already incarcerated elsewhere. \n-Under the Act, ifa prisoner makes a written request \nfor a disposition of the untried charges in the second \nforum, the government obtaining custody must try the \nprisoner within 180 days of the request. 18 USCA App. \narts. 1-9. See UNIFORM MANDATORY DISPOSITION OF \nDETAINERS ACT. \ninterstate commerce. See COMMERCE. \nInterstate Commerce Commission. The now-defunct \nfederal agency established by the Interstate Commerce \nAct in 1887 to regulate surface transportation between \n\n897 inter virum et uxorem \nstates by certifying carriers and pipelines and by moni\ntoring quality and pricing . In December 1995, when \nCongress eliminated this agency, the Surface Trans\nportation Board (STB) - a three-member board that \nis a division of the Department of Transportation \nassumed most ofthe agency's duties. Abbr. ICC. See \nSURFACE TRANSPORTATION BOARD. [Cases: Commerce \nC=>83.] \ninterstate compact. See COMPACT. \nInterstate Compact on the Placement ofChildren. An \nagreement whose purpose is to ensure that when states \nare involved in the placement or adoption of children \nacross state lines, the states cooperate with each other \nto facilitate the process and to protect the children . \nThis compact is intended to secure states' cooperation \nin investigating the suitability of proposed adoptive \nhomes in an interstate adoption and also to alleviate \ncontlicts that often occur when the agencies and courts \nof more than one state are involved. The compact has \nbeen enacted in almost identical form in all SO states \nas well as in the District of Columbia and the Virgin \nIslands. Abbr. ICPC. Often shortened to Interstate \nCompact. [Cases: Infants \ninterstate extradition. See EXTRADITION. \ninterstate income-withholding order. (1994) A court \norder entered to enforce a support order of a court of \nanother state by withholding income ofthe defaulting \nperson. [Cases: Child Support C=>442, 508(1).] \ninterstate law. (1866) 1. INTERNATIONAL LAW. 2. The \nrules and principles used to determine controversies \nbetween residents of different states. \ninterstate rendition. See RENDITION (2). \ninterstate trade. See interstate commerce under \nCOMMERCE. \nintersubjective zap. In critical legal studies, a so-called \nspontaneous moment of shared intuition. -Also \ntermed zap. \nintertwining doctrine. The principle that if arbitrable \nand nonarbitrable claims arise from a single transac\ntion and the claims are factually and legally mingled, \na court can refuse to compel arbitration of any claims. \n This doctrine is oflimited effect because the Federal \nArbitration Act usu. preempts it. [Cases: Alternative \nDispute Resolution C=>155.] \nintervener. See INTERVENOR. \nintervening act. See intervening cause under CAUSE (1). \nintervening agency. See intervening cause under CAUSE \n(1). \nintervening cause. See CAUSE (1). \nintervening damages. See DAMAGES. \nintervening force. 1. See FORCE. 2. See intervening cause \nunder CAUSE (1). \nintervening rights. Patents. An infringement defense \nbased on the right of a person who practiced a patent's \nbroadened claims to continue practicing an invention, \neven though the invention's patent was reissued because of inadvertent claim errors in the original patent. 35 \nUSCA  252, second paragraph. -Also termed doctrine \nofintervening rights. [Cases: Patents C=> 138(2).] \nintervenor. (17c) One who voluntarily enters a pending \nlawsuit because ofa personal stake in it. -Also spelled \nintervener. [Cases: Federal Civil Procedure C=>311; \nParties C=>37.] \nintervention, n. (1860) 1. The entry into a lawsuit by a \nthird party who, despite not being named a party to \nthe action, has a personal stake in the outcome. See \nFed. R. Civ. P. 24. The intervenor sometimes joins the \nplaintiff in claiming what is sought, sometimes joins \nthe defendant in resisting what is sought, and some\ntimes takes a position adverse to both the plaintiff and \nthe defendant. Cf. IMPLEADER; INTERPLEADER. [Cases: \nFederal Civil Procedure C:=>311; Parties C=>37.] 2. The \nlegal procedure by which such a third party is allowed \nto become a party to the litigation. -Formerly also \ntermed (in senses 1 & 2) trial of right ofproperty. 3. \nInt'llaw. One nation's interference by force, or threat \nofforce, in another nation's internal affairs or in ques\ntions arising between other nations. -intervene, \nvb. -interventionary, adj. \n\"Intervention mayor may not involve the use of force. It is \nfrequently possible for a powerful state to impair the politi\ncal independence of another weaker state without actually \nutilizing its armed forces. This result may be accomplished \nby lending open approval, as by the relaxation of an arms \nembargo, to a revolutionary group headed by individuals \nready to accept the political or economic dominance of the \nintervening state. It may be accomplished by the withhold\ning of recognition of a new government, combined with \nvarious forms of economic and financial pressure until the \nwill of the stronger state prevails through the resignation \nor overthrow of the government disapproved.\" Philip C. \nJessup, A Modern Law of Nations 172-73 (1949). \nhumanitarian intervention. An intervention by the \ninternational community to curb abuses of human \nrights within a country, even if the intervention \ninfringes the country's sovereignty. \nintervention duty. Maritime law. A shipowner's obli\ngation to remedy hazardous working conditions for \nlongshore workers, even though the shipowner did not \ncreate the condition, when the shipowner knows of a \nnonobvious condition arising in an area that cannot \nbe avoided by the longshore workers in performing \ntheir duties. Cf. ACTlVE-OPERATIONS DUTY; TURNOVER \nDUTY. [Cases: Shipping C=>84(3).] \nintervertere possessionem (in-tdr-v<lr-tdr-ee pd-zes[h]\nee-oh-nam). [Latin] Scots law. To intercept possession; \nto alter the possession. Ifa bailee received an item \nunder a bailment and then stole the item, the bailee \nchanged the nature ofthe possession. \ninterview-summary form. Patents. A US. Patent and \nTrademark Office form for noting in the record the \ncontents of a conversation, by phone or in person, \nbetween a patent examiner and an applicant. \ninter virum et uxorem (in-tdr VI-rdm et dk-sor-dm), adv. \n& adj. [Latin] Between husband and wife. \n\n898 inter vivos \ninter vivos (in-t<lr vI-vohs or vee-vohs), adj. [Latin \n\"between the living\"] (1S37) Ofor relating to 'property \nconveyed not by will or in contemplation of an \nimminent death, but during the conveyor's lifetime. \ninter vivos, adv. \ninter vivos gift. See GIFT. \ninter vivos transfer. See TRANSFER. \ninter vivos trust. See TRUST. \nintestabilis (in-tes-tay-bd-lis), adj. [Latin] Ilist. Disquali\nfied from being a witness. \nintestable, adj. 1. Not capable ofbeing tested <an intes\ntable DNA sample>. 2. Legally incapable of making a \nwill or of benefitting under a will <an insane person \nis intestable in all states> <the slaying-statute makes \nkillers intestable in relation to their victims>. 3. Dis\nqualified from giving evidence, esp. testifying <the \nwitness is intestable because ofextreme youth>. \nintestacy (in-tes-td-see). (ISc) The state or condition \nof a person's having died without a valid wilL Cf. \nTESTACY. \nintestate (in-tes-tayt), adj. (I4c) 1. Of or relating to a \nperson who has died without a valid will <having \nrevoked her will without making a new one, she was \nintestate when she died>. 2. Of or relating to the \nproperty owned by a person who died without a valid \nwill <an intestate estate>. [Cases: Descent and Distri\nbution (;~19.)3. Ofor relating to intestacy <a spouse's \nintestate share>. Cf. TESTATE. 4. Archaic. (Of a person) \nnot qualified to testify <the witness could not testify \nafter being found intestate>. \nintestate, n. (I7c) One who has died without a valid will. \nCf. TESTATOR. \npartial intestate. One who has died with a valid will \nthat does not dispose of all of his or her net probate \nestate. \nintestate law. (ISc) Ihe relevant statute governing suc\ncession to estates ofthose who die without a valid will. \n[Cases: Descent and Distribution \nintestate share. See SHARE. \nintestate succession. See SUCCESSION (2). \nintestato (in-tes-tay-toh), adv. [Latin] Roman law. (Of a \nsuccession) without a wilL \nintestatus (in-tes-tay-tds), n. & adj. [Latin] Roman law. \nAn intestate; a person who dies without a will.  This \nterm had the same meaning in early English law. \nin testimonium (in tes-t<l-moh-nee-dm), adv. & adj. \n[Latin] In witness; in evidence ofwhich . This phrase \nsometimes opens attestation clauses. \nin the course ofemployment. (1911) Workers' compensa\ntion. (Of an accident) having happened to an on-the\njob employee within the scope ofemployment. [Cases: \nWorkers' Compensation (:::=>614.] \nin thesi (in thee-SIlo [Latin) Hist. In the particular case, \nwhich has occurred. Cf. IN HYPOTHESI. \nin the year of Our Lord. See ANNO DOMINI. intimate association, freedom of. See FREEDOM OF \nASSOCIATION. \nintimation. Scots law. Notice ofa legal obligation coupled \nwith a warning of the penalties for failure to comply. \nintimidation, n. (l7c) Unlawful coercion; extortion. \n In England, intimidation was established as a tort \nin the ]964 case of Rookes v. Barnard, 1964 App. Cas. \n1129 (P.e. ]964) (appeal taken from B.e.). [Cases: Torts \n<::=436.] -intimidate, vb. -intimidatory, adj. \nintimidator, n. \n\"The wrong of intimidation includes all those cases in which \nharm is inflicted by the use of unlawful threats whereby the \nlawful liberty of others to do as they please is interfered \nwith. This wrong is of two distinct kinds, for the liberty of \naction so interfered with may be either that of the plaintiff \nhimself, or that of other persons with resulting damage to \nthe plaintiff.\" R.F.V. Heuston, Salmond on the Law ofTorts \n364 (17th ed. 1977). \ninUtle, vb. Archaic. See ENTITLE. \nin toto (in toh-toh), ad. [Latin \"in whole\"] (ISc) Com\npletely; as a whole <the company rejected the offer in \ntoto>. \nintoxicant, n. (1S63) A substance (esp. liquor) that \ndeprives a person of the ordinary use ofthe senses or \nof reason. \nintoxication, n. (ISc) A diminished ability to act with \nfull mental and physical capabilities because ofalcohol \nor drug consumption; drunkenness. See Model Penal \nCode  2.0S.[Cases: Criminal Law~~S2-57; Homicide \n(:::=>821-824; Negligence 535(14).] intoxi\ncate, vb. \nculpable intoxication. See voluntary intoxication. \ninvoluntary intoxication. (1870) The ingestion of \nalcohol or drugs against one's will or without one's \nknowledge . Involuntary intoxication is an affir\nmative defense to a criminal or negligence charge. \n[Cases: Criminal Law Homicide \npathological intoxication. (1947) An extremely exag\ngerated response to an intoxicant . This may be \ntreated as involuntary intoxication if it is unforesee\nable. \npublic intoxication"}
{"text": "ant . This may be \ntreated as involuntary intoxication if it is unforesee\nable. \npublic intoxication. (1SS5) The condition of a person \nwho is under the influence ofdrugs or alcohol in a \nplace open to the general public . In most American \njurisdictions, public intoxication is considered a mis\ndemeanor. In some states, alcoholism is a defense if \nthe offender agrees to attend a treatment program. \n[Cases: Chemical Dependents \nself-induced intoxication. See voluntary intoxication. \nvoluntary intoxication. (ISc) A willing ingestion of \nalcohol or drugs to the point of impairment done \nwith the knowledge that one's physical and mental \ncapabilities would be impaired . Voluntary intoxi\ncation is not a defense to a general-intent crime, but \nmay be admitted to refute the existence ofa particu\nlar state of mind for a specifiC-intent crime. -Also \ntermed culpable intoxication; self-induced intoxica\n\n899 intromission \ntion. [Cases: Criminal LawC--:>53-55; Homicide \n821,822.] \nintoxication assault. See ASSAULT. \nintoxication manslaughter. See MANSLAUGHTER. \nintoxilyzer (in-tok-si-lr-zdr). See BREATHALYZER. \nintoximeter (in-tok-sim-d-tdr). See BREATHALYZER. \nintra (in-trd), adv. & adj. [Latin) Within. Cf. INFRA. \n\"The use of infra (below) in the sense and place of intra \n(within) is a corruption of very ancient date.... The \nexpression 'under age' (the correct literal translation of \ninfra aetatem) indeed, is of more common occurrence than \n'within age.' But the use of infra in the sense of intra, as \nexpressive of place, is an undoubted barbarism.\" 2 Alex\nander M. Burrill. A Law Dictionarv and Glossarv 75 (2d \ned. 1867). \nintra anni spatium (in-trd an-I spay-shee-dm), adv. & \nadj. [Latin] Within the space of a year. \nintracorporate conspiracy. See CONSPIRACY. \nintraday (in-trd-day), adj. Occurring within a single \nday. \nintra-enterprise conspiracy. See CONSPIRACY. \nintra familiam (in-trd fd-mil-ee-;)m). [Latin] Hist. \nWithin the family. The phrase appeared in refer\nence to the status of a child before being liberated \nfrom the father's tutelage (forisfamiliation). Cf. EXTRA \nFAMILIAM. \nintrafidem (in-trd fr-d;)m), adj. [Latin) Within belief; \ncredible. \nintra fines commissi (in-tr;) fI-neez b-mis-I). [Law \nLatin) Hist. Within the limits ofthe trust.  The phrase \nappeared in reference to an agent's actions committed \nwithin the limits of the agency. \nintragovernmentaJ, adj. Within a government; between \na single government's departments or officials. \nintra legem. See EQUITY INTRA LEGEM. \nintraliminal right (in-trd-lim-d-nill). Mining law. The \nprivilege to mine ore in areas within the boundaries of \na mineral claim . In contrast to an extralateral right, \nan intraliminal right does not give the holder the right \nto mine a vein of are outside the lease even if the vein \nlies mostly within the lease. Cf. APEX RULE. \nintra luctus tempus (in-trd l~k-tils tern-pas), adv. & adj. \n[Latin] Within the time of mourning. \nintra maenia (in-tril mee-nee-il), adv. & adj. [Latin] Hist. \nWithin the walls (of a house) . This term was used \nmost commonly in reference to domestic servants. \nintransitive covenant. See COVENANT (1). \nin transitu (in tran-si-t[y]oo or tranz-i-t[y]oo). [Latin \n\"in transit; on the journey\") Archaic. Being conveyed \nfrom one place to another. \nintra parietes (in-trd Pil-rI-il-teez), adv. [Latin] Within \none's own walls (i.e., in private). This phrase was \nformerly used most commonly in reference to matters \nsettled out of court. intra paternam familiam (in-tr;) p;)-tilr-nilm fd-mil\nee-ilm). [Law Latin] Hist. Within the father's family. \nCf. EXTRA PATERNAM FAMILIAM. \nintra quattuor maria (in-t;)r kwah-too-ilr mar-ee-;), \nadv. & adj. [Latin] Within the four seas. \nintrastate commerce. See COMMERCE. \nintra trajectum (in-tril trd-jek-t;)m), adv. & adj. [Latin] \nIn the passage over; on the voyage over. -Also spelled \nin traiectu. \nintra triduum (in-tr;) trij-[y]oo-ilm). [Latin] Hist. Within \nthree days. \nintra vires (in-tfd vI-reez), adj. [Latin \"within the powers \n(of)\"] (1877) Ofor referring to an action taken within a \ncorporation's or person's scope ofauthority <calling a \nshareholders' meeting is an intra vires function of the \nboard of directors>. Cf. ULTRA VIRES. -intra vires, \nadv. \nintrinsec service (in-trin-zik or -sik). Hist. The feudal \nservices owed by a tenant to an immediate lord; the \nservices arising from an agreement between the tenant \nand the lord. Also termed intrinsecum servitium \n(in-trin-si-bm sdr-vish-ee-ilm). \nintrinsic (in-trin-zik or -sik), adj. Belonging to a thing \nby its very nature; not dependent on external circum\nstances; inherent; essential. \nintrinsic ambiguity. See patent ambiguity under AMBI\nGUITY. \nintrinsic evidence. See EVIDENCE. \nintrinsic fraud. See FRAUD. \nintrinsic test. Copyright. A subjective, fact-driven test \nfor infringement whereby the fact-trier gauges whether \na reasonable person would perceive substantial simi\nlarities between two expressions. Cf. EXTRINSIC TEST. \n[Cases: Copyrights and Intellectual Property ~51.) \nintrinsic value. See VALUE (2). \nintroduce into evidence. (18c) To have (a fact or object) \nadmitted into the trial record, allowing it to be con\nsidered by the jury or the court in reaching a decision. \n[Cases: Federal Civil Procedure ~2011; Trial \n43.] \nintroducta (in-tril-d\",k-til), n. [Latin] Roman law. Personal \nproperty brought into a leased apartment by the tenant. \n The lessor held a tacit mortgage over introducta to \nensure payment of rent. Cf. INVECTA ET ILLATA. \nintroductory clause. The first paragraph of a contract, \nwhich typically begins with words such as \"This Agree\nment is made on [date] between [parties' names].\" \nAlso termed commencement; exordium. \nintroductory recital. See RECITAL. \nintromission (in-trd-mish-iln). (16c) 1. The transac\ntions of an employee or agent with funds provided by \nan employer or principal; loosely, dealing in the funds \nofanother. 2. Scots law. The act ofhandling or dealing \nwith the affairs or property ofanother; the posseSSion \nofanother's property, with or without legal authOrity. \n\nintruder 900 \nlegal intromission. Scots law. An authorized intromis\nsion, such as a creditor's enforcement of a debt. \nnecessary intromission. Scots law. The intromission \noccurring when a spouse continues in possession of \nthe deceased spouse's goods, for preservation. \nvitious intromission (vish-Cls). Scots law. Unauthor\nized dealing with the property ofanother person, esp. \na deceased person. -Also spelled vicious intromis\nsion. \n'The effect of vitious intromission is to render the heir \nwho is guilty of it liable, under the passive title of vitious \nintromission, for the debts of the ancestor universally \nthe severity of this passive title being intended to prevent \nthe carrying off of moveables, which are, from their nature, \nso liable to embezzlement.\" William Bell, Bell's Dictionary \nand Digest of the Law ofScotland 521 (George Watson ed., \n1882). \n3. Penile penetration into the vagina. See PENETRA\nTION (1). \nintruder. (ISc) A person who enters, remains on, uses, or \ntouches land or chattels in another's possession without \nthe possessor's consent. \nintrusion, n. (ISc) 1. A person's entering without per\nmission. See TRESPASS. [Cases: Trespass C:=> 12.] 2. In \nan action for invasion of privacy, a highly offensive \ninvasion of another person's seclusion or private life. \n[Cases: Torts 0340.]- intrude, vb. intrusive, \nadj. \nintrust, vb. Archaic. See ENTRUST. \nintuitu matrimonii (in-t[y]oo-;:J-t[y]oo ma-tr;:J-moh\nnee-I). [Latin] Rist. In the prospect of marriage. \nintuitu mortis (in-t[y]oo-Cl-t[y]oo mor-tis). [Latin] Rist. \nIn the prospect ofdeath. \nintus habet (in-tCls hay-b;:Jt). [Law Latin] Rist. Has in \nhis own hands . The phrase appeared in reference to \nthe presumption that the pupil's money that is unac\ncounted for and held by the tutor is sufficient to offset \nany claim that the tutor may have against the pupiL \nin tuto (in t[y]oo-toh), [Law Latin] Rist. In safety. \ninundate. (I6c) To overflow or overwhelm; esp., to flood \nwith water. \ninure (in-yoor), vb, (I5c) 1. To take effect; to come into \nuse <the settlement proceeds must inure to the benefit \nofthe widow and children>. 2. To make accustomed to \nsomething unpleasant; to habituate <abused children \nbecome inured to violence>. Also spelled enure. \ninurement, n. \ninurement. A benefit; something that is useful or ben\neficial <a taxable inurement to the benefit of a private \nperson>. \nprivate inurement. Tax. An inurement consisting in \nthe use by a private shareholder or an individual who \nhas an insider relationship with a tax-exempt orga\nnization of the organization's earnings or assets for \npersonal gain other than reasonable and adequate \ncompensation . Such a benefit is prohibited. See IRC \n(26 USCA)  50I(c)(3). inurit labem realem (in-yuur-it lay-bGm ree-ay-IGm). \n[Law Latin] Scots law. Brands (a thing) with a real \ndefect. See LABES REALIS. \nin utero (in yoo-tCl-roh). [Latin \"in the uterus\"] In the \nwomb; during gestation or before birth <child in \nutero>. \nin utroque jure (in yuu-troh-kwee joor-ee), adv, & adj. \n[Latin] In both laws that is, civil law and canon \nlaw. \ninvadiare (in-vay-dee-air-ee), vb. [Law Latin] Rist. To \npledge or mortgage land. \ninvadiatio (in-vay-dee-ay-shee-oh). [Law Latin] Rist. A \npledge or mortgage. Cf. VADIATIO. \ninvadiatus (in-vay-dee-ay-tGs). [Law Latin] Rist. A \nperson who is under a pledge. \ninvalid (in-val-id), adj. (17c) 1. Not legally binding <an \ninvalid contract>. 2. Without basis in fact <invalid alle\ngations>. \ninvalid (in-vG-lid), n. (I8c) A person who, because of \nserious illness or other disability, lacks the physical \nor mental capability of managing his or her day-to\nday life. [Cases: Guardian and Ward 09.5; Mental \nHealth C=;)3.] \ninvalid agreement. See invalid contract under \nCONTRACT. \ninvalid contract. See CONTRACT. \ninvalid will. See WILL. \ninvasion. (I7c) 1. A hostile or forcible encroachment on \nthe rights ofanother. \nintentional invasion. A hostile or forcible encroach\nment on another's interest in the use or enjoyment of \nproperty, esp. real property, though not necessarily \ninspired by malice or ill wilL \n2. The incursion of an army for conquest or plunder. \n3. Trusts. A withdrawal from principaL. In the third \nsense, the term is used as a metaphor. [Cases: Trusts \n(;::;)276.]- invade, vb. \ninvasion ofprivacy. (1862) An unjustified exploitation of \none's personality or intrusion into one's personal activi\nties, actionable under tort law and sometimes under \nconstitutional law. See RIGHT OF PRIVACY, [Cases: Torts \nC:=>329-33L] \ninvasion ofprivacy by appropriation. The use of \nanother's name or likeness for one's own benefit, \nesp. commercial gain . This misappropriation tort \nprotects one's property right to the economic benefits \nflowing from the commercial use of one's face or \nname. [Cases: Torts C:=>383-40S.] \ninvasion ofprivacy byfalse light. The use ofpublicity \nto place another in a false light in the public eye . \nThe false light mayor may not be defamatory or fic\ntional but the public use must be one that a reasonable \nperson would object to under the circumstances. See \nFALSE LIGHT (1). [Cases: Torts 034"}
{"text": "a reasonable \nperson would object to under the circumstances. See \nFALSE LIGHT (1). [Cases: Torts 0340.] \n\n901 inventory \ninvasion ofprivacy by intrusion. An offensive, inten\ntional interference with a person's seclusion or private \naffairs. [Cases: Torts 350.] \ninvasion ofprivacy by public disclosure ofprivate \nfacts. 1he public revelation of private information \nabout another in an objectionable manner . Even if \nthe information is true and nondefamatory, a cause \nof action may arise. \ninvecta et illata (in-vek-ta et i-Iay-ta). [Latin \"(things) \ncarried in and (things) brought in\"] Roman law. Goods \nbrought onto a rural or urban leasehold by the lessee. \n The lessor held a tacit mortgage over the goods to \nensure payment of rent. Cf. INTRODUCTA. \ninveigle (in-vay-gal), vb. (16c) To lure or entice through \ndeceit or insincerity <she blamed her friend for invei\ngling her into making the investment>. inveigle\nment, n. \ninvent, vb. (15c) To create (something) for the first \ntime. \ninvented consideration. See CONSIDERATION (1). \ninventio (in-ven-shee-oh), n. [Latin] Roman law. A \nthing found; a finding . Beginning in the reign of \nHadrian, the finder of treasure either acquired title to \nthe property or shared it with the landowner on whose \nland it was found. See TREASURE TROVE; THESAURI \nI!'lVENTIO. PI. inventiones (in-ven-shee-oh-neez). \ninvention, n. (14c) Patents.!. A patentable device or \nprocess created through independent effort and char\nacterized by an extraordinary degree of skill or inge\nnuity; a newly discovered art or operation . invention \nembraces the concept of nonobviousness. [Cases: \nPatents (~16(1).] 2. The act or process of creating \nsuch a device or process. 3. Generally, anything that is \ncreated or devised. -invent, vb. \n'The truth is, the word cannot be defined in such manner \nas to afford any substantial aid in determining whether \na particular device involves an exercise of the inventive \nfaculty or not. I n a given case we may be able to say that \nthere is present invention of a very high order. In another \nwe can see that there is lacking that impalpable something \nthat distinguishes invention from simple mechanical skill. \nCourts, adopting fixed principles as a guide, have by a \nprocess of exclusion determined that certain variations \nin old devices do or do not involve invention; but whether \nthe variation relied upon in a particular case is anything \nmore than ordinary mechanical skill is a question which \ncannot be answered by applying the test of any general \ndefinition.\" McClain v. Ortmayer, 141 U.S. 419, 427,12 S.Ct. \n76, 78 (1891). \n\"An 'invention' is any art, machine, manufacture, deSign, \nor composition of matter, or any new and useful improve\nment thereof, or any variety of plant, which is or may be \npatentable under the patent laws. 37 C.F.R.  501.3(d).\" 60 \nAm. Jur. 2d Patents  894, at 601 n. 98 (1987). \nabandoned invention. An invention that an inventor \nhas either deliberately stopped trying to exploit, or \nhas otherwise treated in a way that precludes claiming \nthe invention in a later patent . Under  102(c) of \nthe Patent Act, abandonment bars a patent on that \ninvention. But abandonment of an imperfect form of \nan invention does not bar a patent on a later-perfected form. Unless publicly known, an abandoned inven\ntion is not prior art to a later inventor. Under  102(g) \nof the Patent Act, abandonment of the same inven\ntion by a first inventor also prevents the first inventor \nfrom blocking the second inventor's patent applica\ntion in an interference. Cf. ABANDONED APPLICATION. \n[Cases: Patents (;::J82.] \ndistinct invention. One part of an invention that can \nbe used on its own, and the absence ofwhich will not \nprevent the remainder ofthe invention from working. \n When the subject matter of a patent application is \nfound to be multiple distinct inventions, the examiner \nrequires the inventor to restrict the application to a \nsingle invention. See RESTRICTION (4). Cf. indepen\ndent invention. \nimprovement invention. A nontrivial and nonobvi\nous betterment of an existing device or process. \nThe improvement may be patented, but the protection \napplies only to the improvement, not to the invention \nimproved on. \nindependent invention. An invention that bears no \nrelation to another invention, esp. to another inven\ntion covered in the same patent application . A single \npatent may not cover multiple independent inven\ntions; the applicant must elect one and drop any \nothers from the application. See RESTRICTION (4). \nCf. distinct invention. \nnew-use invention. Discovery of a new use for an \nexisting invention . As long as the new use is non\nobvious and actually useful-it may be patented. \n35 USCA  101-03. \nsmall invention. See UTILITY MODEL. \nsoftware-based invention. A device or machine that \nuses innovative software to achieve results . A \nsoftware-based invention, process, or method may \nqualify for a patent, but the physical components and \nthe underlying software are usu. not separately pat\nentable. \ninventively new. Patents. Original in any way . The \nphrase is sometimes used to distinguish \"new\" in the \nusual sense from the term ofart in patent law. \ninventive step. Patents. In an invention, some advance\nment that is not obvious to a person reasonably skilled \nin the art.  The European Patent Convention requires \nan inventive step to qualify for a patent. The term is \nroughly equivalent to nonobviousness in American \npatent practice. \ninventory, n. (ISc) 1. A detailed list of assets; esp., an \nexecutor's or administrator's detailed list of the pro\nbate-estate assets <make an inventory ofthe estate> . \nThe term also sometimes denotes a divorcing spouse's \ndetailed list ofall his or her marital and separate assets \nand liabilities. Also termed inventory and appraise\nment. See PROBATE ESTATE; ACCOUNTING. [Cases: Exec\nutors and Administrators (;::J62-73.] 2. Accounting. \nThe portion of a financial statement reflecting the value \nof a business's raw materials, works-in-progress, and \nfinished products <the company's reported inventory \n\ninventory fee 902 \nwas suspiciously low>. 3. Raw materials or goods in \nstock <the dealership held a sale to clear out its October \ninventory>. 4. Bankruptcy. Personal property leased \nor furnished, held for sale or lease, or to be furnished \nunder a contract for service; raw materials, work in \nprocess, or materials used or consumed in a business, \nincluding farm products such as crops or livestock <the \ndebtor was found to have inventory that was valued at \n$300,000>. -inventory, vb. \n\"Section 547 itself defines 'inventory' and 'receivable.' \nDo not use the U.CC definitions of these terms, or the \ndefinitions of them learned in business law classes. It is \nespecially important to note that, for purposes of section \n547, 'inventory' includes 'farm products such as crops or \nlivestock ....\" David G. Epstein et ai., Bankruptcy  6-35, \nat 351 (1993). \ninventory fee. A probate court's fee for services rendered \nto a decedent's estate. \ninventory search. See SEARCH. \ninventory-turnover ratio. Accounting. The result of \ndividing the cost of goods sold by the average value of \ninventory. _ This calculation is used to determine the \neffectiveness ofthe company's inventory-management \npolicy. \nin ventre sa mere (in ven-tree sa mer). See EN VENTRE \nSA MERE. \ninventus (in-ven-t<ls), p.pl. [Latin] Found. -This word \nappears in various phrases, such as thesaurus inventus \nCtreasure trove\") and non est inventus (\"he is not \nfound\"). \ninveritare (in-ve-rJ-tair-ee), vb. [Law Latin] To make \nproofofa thing. \ninverse condemnation. See CONDEMNATION. \ninverse-Erie doctrine. See REVERSE-ERIE DOCTRINE. \ninverse floater. See inverse-floating-rate note under NOTE \n(1). \ninverse-floating-rate note. See :SOTE (1). \ninverse-order-of-alienation doctrine. The principle that \nifa secured creditor has not collected on the mortgage \nor lien on a property sold off in successive parcels, the \npurchaser ofthe encumbered property may require the \ncreditor to collect first from any parcel still held by the \noriginal owner, then from the parcel sold last, then next \nto last, and so on until the amount has been satisfied. \nThe creditor must exhaust an asset before attempting \nto recover the balance ofthe mortgage or lien from the \nnext most recently transferred asset. Also termed \nrule of marshaling liens. [Cases; Debtor and Creditor \nGo13; Mortgages (,.\"::>290.] \ninverse zoning. See ZONING. \ninverso ordine (in-v<lr-soh or-d<l-nee). [Latin] Hist. \nContrary to rule. \ninverted market. See BACKWARDATION. \ninvest, vb. (17c) 1. To supply with authority or power <the \nU.S. Constitution invests the President with the power \nto conduct foreign affairs>. See INVESTITURE (1). 2. To \napply (money) for profit <Jillson invested her entire savings in the mutual fund>. 3. To make an outlay of \nmoney for profit <Baird invested in stocks>. \ninvestigate, vb. (16c) 1. To inquire into (a matter) system \natically; to make (a suspect) the subject of a criminal \ninquiry <the police investigated the suspect's involve\nment in the murder>. 2. To make an official inquiry \n<after the judge dismissed the case, the police refused \nto investigate further>. \ninvestigating bureau. See CREDIT-REPORTING BUREAU. \ninvestigating magistrate. See MAGISTRATE. \ninvestigative detention. See DETENTION. \ninvestigative grand jury. See GRAND JURY. \ninvestigatory detention. See STOP AND FRISK. \ninvestigatory interrogation. See INTERROGATION. \ninvestigatory power. See POWER (3). \ninvestigatory stop. See STOP AND FRISK. \ninvestitive fact. See FACT. \ninvestitive publication. See PUBLICATION. \ninvestiture (in-ves-ta-chuur). (14c) 1. The act offormally \ninstalling a person in a ceremony in which the person \nis clothed in the insignia ofthe office's position or rank; \nesp., the installation ofa cleric in office. Also termed \ninvestment. 2. LIVERY OF SEISIN. \ninvestment. (16c) 1. An expenditure to acquire property \nor assets to produce revenue; a capital outlay. [Cases: \nContracts C::=> 193.] \nfixed-dollar investment. An investment whose value \nis the same when sold as it was when purchased. \nExamples are bonds held to maturity, certain govern\nment securities, and savings accounts. \nfixed-income investment. An investment (including \npreferred stock) that pays a fixed dividend throughout \nits life and is not redeemable unless the corporation \nmakes a special call. \nnet investment. 1. The net cash required to start a new \nproject. 2. The gross investment in capital goods less \ncapital consumption, including depreciation. \n2. The asset acquired or the sum invested. 3. INVESTI\nTURE (1). 4. LIVERY OF SEISIN. \ninvestment adviser. A person who, for pay, advises \nothers, either directly or through publications or \nwritings, about the value ofsecurities or the advisabil\nity ofinvesting in, purchaSing, or selling securities, or \nwho is in the business ofissuing reports on securities. \n'The term generally excludes an employee ofan invest\nment adviser; a depository institution, such as a bank; \nlawyers, accountants, engineers, and teachers whose \ninvestment advice is solely incidental to the practice of \ntheir profeSSion; a broker-dealer whose advice is inci\ndental to the conduct of business and who receives no \nspecial compensation for that adVice; and publishers of \nbona fide newspapers, newsmagazines, or business or \nfinancial publications ofgeneral, regular, or paid circu\nlation. [Cases: Securities Regulation C::=>223, 224.] \n\n903 investor \nInvestment Advisers Act. A 1940 federal statute \nadministered by the Securities and Exchange Com\nmission -that regulates investment advisers. 15 USCA \n 80b-l et seq. [Cases: Securities Regulation \n224.J \ninvestment bank. See BANK. \ninvestment banker. A person or institution that under\nwrites, sells, or assists in raising capital for businesses, \nesp. for new issues of stocks or bonds; a trader at an \ninvestment bank. See investment bank under BANK. \ninvestment banking. The business of underwriting or \nselling securities; esp., the marketing of new stocks or \nbonds. \n\"The term 'investment banking' can be used to encompass \n[underwriting, and acting as a dealer, broker, and market \nmakerl. and any person in a firm performing any of those \nfunctions could be called an investment banker. By con\nvention, however, those terms are used less broadly. In \nlarge securities firms, for example, there are a number of \ndepartments. The one most visible to the public handles \ntrades for indiViduals. The technical term for the persons \nworking with customers in that department is 'registered \nrepresentative,' but those persons are often called brokers \nor stockbrokers. Insiders would not call them investment \nbankers. A department almost inVisible to the public \nhandles underwritings and performs a wide range of \nservices primarily for client companies. Among those are: \n(1) assisting companies"}
{"text": "\nhandles underwritings and performs a wide range of \nservices primarily for client companies. Among those are: \n(1) assisting companies in the sale of securities, almost \nalways in large amounts, to such private purchasers as \ninsurance companies; (2) finding acquisition partners for \ncompanies that wish to acquire or be acquired by others; \nand (3) giving financial advice of various sorts to client \ncompanies. That department is likely to be called the \ninvestment banking department. In any case, its functions \nare at the heart of the inSiders' conception of investment \nbanking.\" Larry D. Soderquist (>\" Theresa A. Gabaldon, Secu\nrities Law 30 (199B). \ninvestment bill. See BILL (6). \ninvestment company. See COMPANY. \nInvestment Company Act. A 1940 federal statute \nenacted to curb financial malpractices and abuses by \nregulating investment-company activities and trans\nactions specifically, by requiring registration of \ninvestment companies and prohibiting transactions \nby unregistered companies; by making certain persons \nineligible as affiliated persons or underwriters; by regu\nlating affiliations ofdirectors, officers, and employees; \nby barring changes in investment policy without share\nholder approval; and by regulating contracts ofadvisers \nand underwriters. 15 USCA  80a-l et seq. [Cases: \nSecurities Regulation <)::0211-222.] \ninvestment contract. 1. A contract in which money is \ninvested in a common enterprise with profits to come \nsolely from the efforts of others; an agreement or trans\naction in which a party invests money in expectation of \nprofits derived from the efforts ofa promoter or other \nthird party. 2. A transaction in which an investor fur\nnishes initial value or risk capital to an enterprise, a \nportion of that amount being subjected to the risks of \nthe enterprise . In such an arrangement, the investor \ntypically does not receive the right to exercise control \nover the managerial decisions ofthe enterprise. [Cases: \nSecurities Regulation <)::05.10, 252.] \"[Aln investment contract for purposes of the Securities \nAct means a contract, transaction or scheme whereby a \nperson invests his money in a common enterprise and is \nled to expect profits solely from the efforts of the promoter \nor a third party.... It embodies a fleXible rather than a \nstatic prinCiple, one that is capable of adaptation to meet \nthe countless and variable schemes devised by those who \nseek the use of the money of others on the promise of \nprofits.\" SEC v. Howey Co., 32B U.S. 293. 29B-99, 66 S.Ct. \n1100,1103 (1946). \nguaranteed investment contract. An investment \ncontract under which an institutional investor invests \na lump sum (such as a pension fund) with an insurer \nthat promises to return the principal (the lump sum) \nand a certain amount of interest at the contract's \nend. --Abbr. GIC. \ninvestment-direction agreement. A contract by which \na trustee agrees not to diversify the trust's assets, even \nthough the trustee has the legal right to do so, and the \nbeneficiary agrees to hold the trustee harmless for any \nlosses resulting from not diversifying. -Abbr. IDA. \n[Cases: Trusts <)::0217.3.] \ninvestment discretion. The ability of a person to (1) deter\nmine what will be purchased or sold by or for another \nperson's account, (2) decide what will be purchased or \nsold by or for the account even though another may \nhave the responsibility, or (3) influence the purchase \nor sale of securities or property in a way that, accord\ning to an administrative agency such as the Securities \nand Exchange Commission, should be subject to the \nagency's governing rules and regulations. \ninvestment-grade bond. See BOND (8). \ninvestment-grade rating. Any of the top four symbols \ngiven to a bond after an appraisal of its quality by a \nsecurities-evaluation agency such as Moody's . The \nrating indicates the degree of risk in an investment in \nthe bond. See A (8). \ninvestment income. See unearned income (1) under \nINCOME. \ninvestment indebtedness. Tax. Debt incurred by a \ntaxpayer to acquire or carry assets that may produce \nincome. The Internal Revenue Code limits the \namount ofdeductible interest on this type ofdebt. \ninvestment property. Any asset purchased to produce a \nprofit, whether from income or resale. \ninvestment security. See SECURITY. \ninvestment tax credit. See TAX CREDIT. \ninvestment trust. See investment company under \nCOMPANY. \ninvestor. (17c) 1. A buyer of a security or other property \nwho seeks to profit from it without exhausting the prin\ncipal. 2. Broadly, a person who spends money with an \nexpectation of earning a profit. \naccredited investor. An investor treated under the \nSecurities Act of 1933 as being knowledgeable and \nsophisticated about financial matters, esp. because of \nthe investor's large net worth . In a securities offering \nthat is exempt from registration, an accredited \n\n904 invidious discrimination \ninvestor (either a person or an entity) is not entitled \nto protection under the Act's disclosure provisions, \nalthough the investor does keep its remedies for fraud. \n[Cases: Securities Regulation C;218.11.] \nangel investor. A person -usu. an experienced and \nsuccessful entrepreneur, professional, or entity -that \nprovides start-up or growth financing to a promising \ncompany, often together with advice and contacts. \nAlso termed business angel. \ninstitutional investor. One who trades large volumes \nof securities, usu. by investing other people's money \ninto large managed funds. Institutional investors \nare often pension funds, investment companies, trust \nmanagers, or insurance companies. See MUTUAL \nFUND. \nqualified investor. Securities. An investor who is an \nindividual and has an investment portfolio worth at \nleast $5 million, or a company that owns or manages \ninvestments worth at least $25 million. \nsophisticated investor. Securities. An investor who \nhas sufficient knowledge and experience of financial \nmatters to be capable ofevaluating a security's quali\nties. Sophisticated investors do not require the full \nprotection ofsecurities laws. [Cases: Securities Regu\nlation C;218.13.) \ninvidious discrimination (in-vid-ee-<'1s di-skrim-<'1-nay\nsh<'1n). See DISCRIMINATION. \nin vinculis (in ving-kYd-lis). [Latin \"in chains\"] In actual \ncustody. \n\"The engagement of a magistrate to an accomplice, that \nif he will give his evidence. he will experience favor, is \nmerely in the nature of a recommendation to mercy, for \nno authority is given to ajustice ofthe peace to pardon an \noffender. and to tell him that he shall be a witness against \nothers. He is not therefore assured of his pardon, but gives \nhis evidence in vinculis, in custody: and it depends on his \nbehaviour, whether he shall or shall not be admitted to \nmercy.\" 1Joseph Chitty, A Practical Treatise on the Criminal \nLaw 82-83 (2d ed. 1826). \ninviolability (in-VI-<'1-I<'1-bil-<'1-tee), n. The quality or fact \nofbeing safe from violation. \ninviolable (in-vI-<l-ld-bdl), adj. (I5c) Safe from violation; \nincapable ofbeing violated. -inviolability, n. \ninviolate (in-vl-d-lit), ad;. (15c) Free from violation; not \nbroken, infringed, or impaired. \nin viridi observantia (in vir-<'1-dI ob-z<'1r-van-shee-d), \nadj. [Latin \"in fresh observance\"] Present to the minds \nofpeople, and in full force and operation. \ninvisible, adj. Accounting. Not reported in a financial \nstatement <invisible earnings>. \ninvitation, n. Torts. In the law ofnegligence, the entice\nment ofothers to enter, remain on, or use property or \nits structures; conduct that justifies others in believing \nthat the possessor wants them to enter. Cf. PERMISSION \n(3).[Cases: Negligence 1037.1 invite, vb. \ninvitation to negotiate. (1902) Contracts. A solicitation \nfor one or more offers, usu. as a preliminary step to \nforming a contract. -Also termed invitation seeking offers; invitation to bid; invitation to treat; solicitation \nfor bids; preliminary letter; offer to chaffer. Cf. OFFER. \n[Cases: Contracts 0::>16.) \ninvited error. See ERROR (2). \ninvitee (in-VI-tee). (1837) A person who has an express \nor implied invitation to enter or use another's premises, \nsuch as a business visitor or a member ofthe public to \nwhom the premises are held open. The occupier has \na duty to inspect the premises and to warn the invitee \nofdangerous conditions. -Also termed licensee with \nan interest. Cf. LICENSEE (2); TRESPASSER; BUSINESS \nVISITOR (1). [Cases: Negligence 0::> 1037(2).] \npublic invitee. (1937) An invitee who is invited to enter \nand remain on property for a purpose for which the \nproperty is held open to the public. [Cases: Negligence \nC= 1037(5).] \ninviter. (16c) One who expressly or impliedly invites \nanother onto the premises for business purposes. \nAlso spelled invitor. Cf. INVITEE. \ninvito debitore (in-vl-toh deb-i-tor-ee). [Latin] Roman \nlaw. Without the consent of a debtor.  A creditor \ncould assign and a third party could pay a debt invito \ndebitore. \ninvito domino (in-vl-toh dom-d-noh). [Latin] Roman \nlaw. Against the will of the owner. The common\nlaw doctrine oftheft was that the taking must be invito \ndomino. \ninvitor. See INVITER. \ninvito superiore (in-vI-toh s[y)oo-peer-ee-or-ee). [Law \nLatin1Scots law. Without the consent of the superior. \n Ordinarily, a vassal could not renounce a fee without \nthe superior's consent. \ninvitro fertilization. A procedure by which an egg is fer\ntilized outside a woman's bodv and then inserted into \nthe womb for gestation. -Abbr. lVF. Cf. ARTIFICIAL \nINSEMINATION; ZYGOTE INTRAFALLOPIAN TRANSFER; \nGAMETE INTRAFALLOPIAN TRANSFER. [Cases: Child \nCustody 0::>274.5; Child Support 0::>63; Children \nOut-of-Wedlock C;215; Parent and Child C=)20.] \nin vivo fertilization. The process in which an egg is fer\ntilized inside a woman's body. Cf. ARTIFICIAL INSEMI\nNATION; ZYGOTE INTRAFALLOPIAN TRANSFER; GAMETE \nINTRAFALLOPIAN TRANSFER. \ninvocation. (14c) 1. The act ofcalling upon for authority \nor justification. 2. The act ofenforcing or using a legal \nright <an invocation ofthe contract clause>. \ninvoice, n. (16c) An itemized list of goods or services \nfurnished by a seller to a buyer, usu. specifying the price \nand terms of sale; a bill ofcosts. [Cases: Evidence~-c:> \n355(3).1 invoice, vb. \nconsular invoice. An invoice used to hasten the entry \nofgoods into a country by bearing the signature of \nthe country's consul as assurance that the shipment's \ncontents have been preverified for quantity and value. \n[Cases: Customs Duties (:=64.] \n\n905 iron-safe clause \nsales invoice. A document showing details ofa purchase \nor sale, including price and quantity ofmerchandise. \n[Cases: Sales ~28.1 \ninvoice book. A journal into which invoices are \ncopied. \ninvoluntary, adj. (15c) Not resulting from a free and \nunrestrained choice; not subject to control by the \nwill. involuntariness, n. \n\"[Tlhe law, like everyday thought, usually confines the \nnotion of invo!untaryto that subclass of cases which involve \npurely physical, physiological, or psychological movements \nof our limbs, like reflexes and convulsions, movements in \nsleep, during sleepwalking, or under hypnosiS, or due to \nsome disease of the brain, lunacy, or automatism.\" Alan R. \nWhite, Grounds of Liability 60-61 (1985). \ninvoluntary alienation. See ALIENATION. \ninvoluntary bailment. See BAILMENT. \ninvoluntary bankruptcy. See BANKRUPTCY. \ninvoluntary confession. See CONFESSION. \ninvoluntary conversion. See CONVERSION (2). \ninvoluntary conveyance. See involuntary alienation \nunder ALIENATION. \ninvoluntary deposit. 1. See DEPOSIT (5). 2. See involun\ntary bailment under BAILMENT. \ninvoluntary dismissal. See DISMISSAL (1). \ninvoluntary dissolution. See DISSOLUTION. \ninvoluntary euthanasia. See EUTHANASIA. \ninvoluntary gap claim. See CLAIM (5). \ninvoluntary intoxication. See INTOXICATION. \ninvoluntary lien. See LIEN. \ninvoluntary manslaughter. See MANSLAUGHTER. \ninvoluntary nonsuit. See NONSUIT (2). \ninvoluntary payment. See PAYMENT. \ninvoluntary petition. See PETITION. \ninvoluntary plaintiff. See PLAINTIFF. \ninvoluntary proceeding. See involuntary bankruptcy \nunder BANKRUPTCY. \ninvoluntary servitude. See SERVITUDE (4). \ninvoluntary stranding. See accidental stranding under \nSTRANDING"}
{"text": ". See SERVITUDE (4). \ninvoluntary stranding. See accidental stranding under \nSTRANDING. \ninvoluntary suretyship. See SURETYSHIP. \ninvoluntary trust. See constructive trust under TRUST. \nin witness whereof. (16c) The traditional beginning of \nthe concluding clause (termed the testimonium clause) \nof a will or contract, esp. a deed. See TESTIMONIUM \nCLAUSE. \n10. abbr. BUREAU OF INTERNATIO:NAL ORGANIZATION \nAFFAIRS. \n10LTA (I-ohl-td). abbr. I:NTEREST ON LAWYERS' TRUST \nACCOUNTS. \n10 mortgage. See interest-only mortgage under MORT\nGAGE. IOU (I-oh-yoo). [abbr. \"J owe you\"] (17c) 1. A memoran\ndum acknowledging a debt. 2. The debt itself. -Also \ntermed due-bill. \nIP. abbr. 1. INTELl.ECTUAL PROPERTY. 2. See interested \nparty under PARTY (2). 3. See interested person under \nPERSON (1). \nIPA. abbr. See INDEPENDENT-PRACTICE ASSOCIATIO:N. \nIPD. abbr. IN PRAESENTIA DOMI:NORUM. \nIPO. See initial public offering under OFFERING. \nipse (ip-see). [Latin \"he himself\"] The same; the very \nperson. \nipse dixit (ip-see dik-sit). [Latin \"he himself said it\"] \n(l5c) Something asserted but not proved <his testimony \nthat she was a liar was nothing more than an ipse dixit>. \n[Cases: Evidence (;::::>555.4(1).1 \nipsissima verba (ip-sis-d-ma var-b<l). [Latin \"the \nvery (same) words\"] (1807) The exact words used by \nsomebody being quoted <on its face, the ipsissima verba \nofthe statute supports the plaintiff's position on the \nownership issue>. \nipso facto (ip-soh fak-toh). [Latin \"by the fact itself\"] \n(16c) By the very nature of the situation <if 25% of all \ncontractual litigation is caused by faulty drafting, then, \nipso facto, the profession needs to improve its drafting \nskills>. \nipso facto clause. Bankruptcy. A contract clause that \nspecifies the consequences of a party's bankruptcy. \nThe Bankruptcy Code prohibits enforcement of such \nclauses. -Also termed bankruptcy clause. [Cases: \nBankruptcy ~-')3109.] \nipso jure (ip-soh joor-ee). [Latin \"by the law itself\"] \nBy the operation ofthe law itself <despite the parties' \nactions, the property will revert to the state, ipso jure, \non May 1>. \ni ipsum corpus (ip-sdm kor-p.)s). [Latin] Roman law. \nThe thing itself. -The phrase typically referred to a \nspecific item that had to be delivered to a purchaser \nor legatee. \nIRA (I-ahr-ay or I-fd). abbr. INDIVIDUAL RETIREMENT \nACCOUNT. \nIRAe (I-rak). A mnemonic acronym used mostly by \nlaw students and their writing instructors, esp. as a \nmethod of answering essay questions on law exams. \nThe acronym is commonly said to stand for either (1) \nissue, rule, application, conclusion, or (2) issue, rule, \nanalysis, conclusion. \nira motus (I-rd moh-t<'ls), adj. [Latin] Moved or excited \nby anger or passion. -'This term was formerly used in \nthe plea ofson assault demesne. \nIRe. abbr. INTERNAL REVENUE CODE. \nIRD. See income in respect ofa decedent under INCOME. \nire ad largum (I-ree ad lahr-g<lm), vb. [Latin] To go at \nlarge; Le., to be released from judicial restraint. \niron-safe clause. A provision in a fire-insurance policy \nrequiring the insured to preserve the books and \n\nIRR 906 \ninventory records of a business in a fireproof safe. \n[Cases: Insurance G-'-::> 3054.] \nIRR. See internal rate ofreturn under RATE OF RETURN. \nirrational, adj. Not guided by reason or by a fair con\nsideration ofthe facts <an irrational ruling>. See ARBI\nTRARY. \nirrebuttable presumption. See conclusive presumption \nunder PRESUMPTION. \nirreconcilable differences. (1975) Persistent and unre\nsolvable disagreements between spouses, leading to \nthe breakdown ofthe marriage. -These differences \nmay be cited -without specifics -as grounds for \nno-fault divorce. At least 33 states have provided that \nirreconcilable differences are a basis for divorce. Cf. \nIRRETRIEVABLE BREAKDOWN OF THE MARRIAGE; \nINCOMPATIBILITY. [Cases: Divorce \nirrecusable, adj. (18c) (Ofan obligation) that cannot be \navoided, although made without one's consent, such \nas the obligation to not strike another without some \nlawful excuse. Cf. RECUSABLE (1). \nirredeemable bond. See annuity bond under BOND (3). \nirredeemable grouud rent. See ground rent (2) under \nRENT (1). \nirrefragable (i-ref-ro:l-go:l-b<JI), adj. (16c) Unanswer\nable; not to be controverted; impossible to refute <the \ndefense feebly responded to the prosecution's irrefra\ngable arguments>. \nirregular, adj. (14c) Not in accordance with law, method, \nor usage; not regular. \nirregular heir. See HEIR. \nirregular indorsement. See INDORSEMENT. \nirregularity. (14c) 1. Something irregular; esp., an act \nor practice that varies from the normal conduct of \nan action. 2. Eccles. law. An impediment to clerical \noffice. \nirregular judgment. See JUDGMENT. \nirregular process. See PROCESS. \nirregular succession. See SUCCESSION (2). \nirrelevance, n. (1847) 1. The quality or state of being \ninapplicable to a matter under consideration. - Also \ntermed irrelevancy. [Cases: Criminal Law C=>338(l); \nEvidence C=>99.] 2. IRRELEVANCY (1). \nirrelevancy, n. 1. Something not relevant. -Also termed \nirrelevance. [Cases: Criminal Law C=>338(1); Evidence \n(;::>99.] 2. IRRELEVANCE (1). \nirrelevant (i-rel-;}-v,mt), adj. (16c) I. (Of evidence) having \nno probative value; not tending to prove or disprove a \nmatter in issue. -Also termed impertinent. Cf. IMMA\nTERIAL. [Cases: Criminal LawC=>338(1); Evidence \n99.] 2. (Of a pleaded allegation) having no substantial \nrelation to the action, and will not affect the court's \ndecision. -irrelevance, n. \nirrelevant evidence. See EVIDENCE. irremediable breakdown of the marriage. See IRRE\nTRIEVABLE BREAKDOWN OF THE MARRIAGE. \nirreparable damages. See DAMAGES. \nirreparable harm. See irreparable injury under INJURY. \nirreparable injury. See INJURY. \nirreparable-injury rule (i-rep-<J-r<J-bal). (1969) The \nprinciple that equitable relief (such as an injunction) is \navailable only when no adequate legal remedy (such as \nmonetary damages) exists. _ Although courts continue \nto cite this rule, they do not usu. follow it literally in \npractice. -Also termed adequacy test. [Cases: Injunc\ntion G----::, 14, 138.6.] \n\"The irreparable injury rule has received considerable schol \narly attention. In 1978. Owen Fiss examined the possible \nreasons for the rule and found them wanting, A vigorous \ndebate over the economic wisdom of applying the rule to \nspecific performance of contracts began about the same \ntime, and soon came to center on the transaction costs of \nadministering the two remedies. Both Fiss and Dan Dobbs \nhave noted that the rule does not seem to be taken very \nseriously. and in a review of Fiss's book, I argued that the \ndefinition of adequacy pulls most of the rule's teeth. The \nRestatement (Second) of Torts dropped the rule from the \nblackletter and condemned it as misleading, but replaced \nit only with a long and unstructured list of factors to be \nconsidered. , . , [Mlany sophisticated lawyers believe that \nthe rule continues to reflect a serious preference for legal \nover equitable remedies.\" Douglas Laycock, The Death of \nthe Irreparable Injury Rule 9 (1991). \nirrepleviable (i-ro:l-plev-ee-o:l-bo:ll), adj. (Ofproperty) not \ncapable of being repleVied. Formerly also spelled \nirreplevisable. Cf. REPLEVIABLE. \nirresistible force. See FORCE. \nirresistible-impulse test. (1892) Criminal law. A test \nfor insanity, holding that a person is not criminally \nresponsible for an act ifmental disease prevented that \nperson from controlling potentially criminal conduct. \n-The few jurisdictions that have adopted this test have \ncombined it with the McNaghten rules. Also termed \ncontrol test; volitional test. See INSANITY DEFENSE; \nMCNAGHTEN RULES. [Cases: Criminal LawC::)50.] \n\"The first reaction of the legal profession to the irresistible \nimpulse defense, when it was introduced to the law many \nyears ago, was inclined to be favorable. Then a change \nset in and for many years the prevailing view was strongly \nagainst its recognition. Present indications are that the tide \nis changing again. There seems to be a growing belief to \nthe effect that ignoring the possibility of such a defense \nfails to give full recognition to the fundamental concept of \nmens rea.\" Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw975 (3d ed. 1982). \nirresistible superhuman cause. See ACT OF GOD. \nirresistible violence. Archaic. See VIS MAJOR. \nirretrievable breakdown ofthe marriage. (1973) Family \nlaw. A ground for divorce that is based on incompat\nibility between marriage partners and in many states \nis the sole ground for no-fault divorce. -Also termed \nirretrievable breakdown; irremediable breakdown ofthe \nmarriage; irremediable breakdown. Cf. IRRECONCIL\nABLE DIFFERENCES; INCOMPATIBILITY. [Cases: Divorce \nC=>12.J \n\nirrevocable (i-rev-a-b-bal), adj. (14c) Unalterable; com\nmitted beyond recall. -irrevocability, n. \nirrevocable guaranty. See GUARANTY. \nirrevocable letter ofcredit. See LETTER OF CREDIT. \nirrevocable offer. See OFFER. \nirrevocable power ofattorney. See POWER OF ATTOR\nNEY. \nirrevocable trust. See TRUST. \nirrigation district. Water law. A quasi-political subdi\nvision or agency established to develop, preserve, and \nconserve water for the benefit and use of the district's \nresidents. [Cases: Waters and Water Courses (.'='223.] \nirritancy, n. Civil law. The action of rendering void or \nthe state of being rendered void. \nirritant, adj. Civil law. Rendering void. \nirritant clause. Civil law. A deed term providing that \nif the deed's holder performs an act specifically pro\nhibited by the deed, the act or deed is automatically \nnullified. \nirrogare (i-ra-gair-ee), vb. [Latin] Civil law. To inflict a \npenalty; to make or ordain, as a law. \nirrotulatio (i-rah-cha-Iay-shee-oh). [Law Latin) An \nenrollment; an entry on a record. \nIRS. abbr. INTERNAL REVENUE SERVICE. \nIRV. See instant-runoff voting under VOTING. \nISCGS. abbr. INTERNATIONAL SCHEDULE OF CLASSES OF \nGOODS AND SERVICES. \nish. Scots law. 1. An exit. _ This appears in the phrase \n\"ish and entry,\" often used in a lease, license, etc., to \ngive someone the right to use necessary ways and \npassages to pass through another's property, esp. to \nreach a church or marketplace. 2. The expiration ofa \nlease, license, etc.; the end ofa period oftime. \nisland. (bef. 12c) A tract ofland surrounded by water but \nsmaller than a continent; esp., land that is continually \nsurrounded by water and not submerged except during \nabnormal circumstances. \nISO. abbr. 1. Incentive stock option. See STOCK OPTION \n(2). 2. INSURANCE SERVICES OFFICE. \nisolated sale. See SALE. \nisolating, n. Family law. A parent's or caregiver's pattern \nof cutting a child off from normal social experiences, \npreventing the child from forming friendships, or \nmaking the child believe that he or she is alone in the \nworld. Cf. IGNORING; REJECTING. \nISP. abbr. INTERNET SERVICE PROVIDER. \nis qui cognoscit (is kWI cog-nos-it). [Latin \"he who rec\nognizes\") The cognizor in a fine. See COGNIZOR; FINE \n(1). \nis qui cognoscitur (is kWl cog-nos-a-tar). [Latin \"he who \nis recognized\"] A cognizee in a fine. See COGNIZEE; \nFINE (1). \nis qui omnino desipit (is kWI om-l1I-noh dee-sip-it). \n[Latin] Hist. One who is completely void of reason. The phrase appeared in reference to an insane person, \nnot an idiot. \nissuable, adj. 1. Capable of being issued <an issuable \nwrit>. 2. Open to dispute or"}
{"text": ". \nissuable, adj. 1. Capable of being issued <an issuable \nwrit>. 2. Open to dispute or contention <an issuable \nargument>. 3. Possible as an outcome <an award as \nhigh as $5 million is issuable in this case>. \nissuable defense. See DEFENSE (1). \nissuable plea. See PLEA (3). \nissue, n. (16c) 1. A point in dispute between two or more \nparties. -In an appeal, an issue may take the form ofa \nseparate and discrete question oflaw or fact, or a com\nbination ofboth. \n\"In federal civil procedure, an issue is a single, certain, \nand material point arising out of the allegations and con\ntentions of the parties; it is matter affirmed on one side \nand denied on the other, and when a fact is alleged in the \ncomplaint and denied in the answer, the matter is then \nput in issue between the parties.\" 3SA CJ.S. Federal Civil \nProcedure  357, at 541 (1960). \ncollateral issue. (l8c) A question or issue not directly \nconnected with the matter in dispute. [Cases: \nCriminal Law (;::338(1); Evidence G=\"99; Witnesses \n~'='405.1 \ndeep issue. (1944) The fundamental issue to be decided \nby a court in ruling on a point oflaw . A deep issue is \nusu. briefly phrased in separate sentences, with facts \ninterwoven (in chronological order) to show precisely \nwhat problem is to be addressed. Cf. surface issue. \n\"Essentially, a deep issue is the ultimate, concrete question \nthat a court needs to answer to decide a point your way. \nDeep refers to the deep structure of the case -not to \ndeep thinking. The deep issue is the final question you \npose when you can no longer usefully ask the follow-up \nquestion, 'And what does that turn on?'\" Bryan A. Garner, \nThe Winning Brief 56 (2d ed. 2004). \nfact issue. See issue offact. \ngeneral issue. (16c) 1. A plea (often a general denial) by \nwhich a party denies the truth ofevery material alle\ngation in an opposing party's pleading. 2. The issue \narising from such a plea. [Cases: Pleading 15.] \n\"The general issue is a denial of the legal conclusion sought \nto be drawn from the declaration. It denies by a general \nform of expression the defendant's liability, and enables \nthe defendant to contest, without specific averments of the \ndefense to be asserted, most of the allegations which the \nplaintiff may be required to prove to sustain his action, and \nin some actions to raise also various affirmative defenses. \nIt fails to perform the functions of pleading, either in giving \nnotice or in reducing the case to specific issues.\" Benjamin \nJ. Shipman, Handbook of Common Law Pleading  169, at \n304 (Henry Winthrop Ballantine ed., 3d ed. 1923). \nimmaterial issue. (l8c) An issue not necessary to \ndecide the point oflaw. Cf. material issue. \ninformal issue. Rare. An issue that arises when a defen\ndant does not properly or fully plead in answer to a \nmaterial allegation. \nissue offact. (17e) A point supported by one party's \nevidence and controverted by another's. -Also \ntermed fact issue. \n\n908 issue \nissue oflaw. (18c) A point on which the evidence is \nundisputed, the outcome depending on the court's \ninterpretation ofthe law. Also termed legal issue. \nlegal issue. (17c) 1. A legal question, usu. at the foun\ndation of a case and requiring a court's decision. 2. \nSee issue oflaw. \nmaterial issue. An issue that must be decided in order \nto resolve a controversy. -The existence ofa material \nissue ofdisputed fact precludes summary judgment. \nCf. immaterial issue. [Cases: Federal Civil Procedure \nC=>2470.1; Judgment (;='181(2).] \nmultifarious issue. An issue that inquires about several \ndifferent points (esp. facts) when each one should be \ninquired about in a separate issue. \nspecial issue. (l7c) 1. At common law, an issue arising \nfrom a specific allegation in a pleading. -Special \nissues are no longer used in most jurisdictions. 2. See \nspecial interrogatory under INTERROGATORY. \nsurface issue. A superficially stated issue phrased in a \nsingle sentence, without many facts, and usu. begin\nning with the word whether. Cf. deep issue. \nultimate issue. (17c) A not-yet-decided point that is \nsufficient either in itself or in connection with other \npOints to resolve the entire case. Also termed \nultimate question. \n2. A class or series ofsecurities that are Simultaneously \noffered for sale. Also termed bond issue; stock issue. \nSee OFFERING. \nhot issue. A security that, after an initial or secondary \noffering, is traded in the open market at a substan\ntially higher price. Also termed hot stock. \nnew issue. A stock or bond sold by a corporation for the \nfirst time, often to raise working capital. See BLUE-SKY \nLAW. \noriginal issue. The first issue ofsecurities ofa particu\nlar type or series. \nshelfissue. An issue of securities that were previously \nregistered but not released at the time of registra\ntion. \n3. Wills & estates. Lineal descendants; offspring. \nissue female. 1. Female descendants. 2. A female whose \ndescent from a specified ancestor is traceable through \nthe direct female line. See tail female under TAIL. \n[Cases: Wills . \nissue male. 1. Male descendants. 2. A male whose \ndescent from a specified ancestor is traceable through \nthe direct male line. See tail male under TAIL. [Cases: \nWills \nlawful issue. (16c) Descendants, including descendants \nmore remote than children. -At common law, the \nterm included only those who were children oflegally \nrecognized subsisting marriages. See DESCENDANT; \nHEIR. [Cases: Descent and Distribution \n4. Commercial law. The first delivery of a negotiable \ninstrument by its maker or holder. issue, vb. (l4c) 1. To accrue <rents issuing from land> \n2. To be put forth officially <without probable cause, \nthe search warrant will not issue> 3. To send out or \ndistribute officially <issue process> <issue stock>. \nissuance, n. \nissued stock. See STOCK. \nissue estoppel. See COLLATERAL ESTOPPEL. \nissue fee. Patents. The charge that an inventor must pay \nthe U.S. Patent and Trademark Office before an allowed \npatent application can be issued as a patent. [Cases: \nPatents C\"\"'\" 103.] \nissue pleading. See PLEADING (2). \nissue preclusion. See COLLATERAL ESTOPPEL. \nissuer. 1. A person or entity (such as a corporation or \nbank) that issues securities, negotiable instruments, \nor letters ofcredit. 2. A bailee that issues negotiable or \nnonnegotiable documents oftitle. \nnonreporting issuer. An issuer not subject to the report\ning requirements of the Exchange Act because it (1) \nhas not voluntarily become subject to the reporting \nrequirements, (2) has not had an effective registra\ntion statement under the Securities Act within the \nfiscal year, and (3) did not, at the end ofits last fiscal \nyear, meet the shareholder or asset tests under the \nExchange Act registration requirements. \nissue roll. Hist. English law. A court record on which the \nissues in contested matters are briefly noted. -lbis \npractice was abolished in 1834. See INCIPITUR. \nITA. abbr. INTERNATIONAL TRADE ADMINISTRATION. \nita lex scripta est (I-t;::l leks skrip-t;::l est). [Latin] So the \nlaw is written. -This expression means that the law \nmust be obeyed despite the apparent rigor ofits applica\ntion. The idea is that we must be content with the law as \nit stands, without inquiring into its reasons. -Some\ntimes shortened to ita scripta est [\"so it is written\"]. \n\"If practice be the whole he is taught, practice must also \nbe the whole he will ever know: if he be uninstructed in the \nelements and first principles upon which the rule of practice \nis founded, the least variation from established precedents \nwill totally distract and bewilder him: ita lex scripta est is \nthe utmost his knowledge will arrive at; he must never \naspire to form, and seldom expect to comprehend, any \narguments drawn a priori, from the spirit of the laws and \nthe natural foundations of justice.\" 1 William Blackstone, \nCommentaries on the Laws of England 32 (1765). \nita te Deus adjuvet (H;::I tee dee-ds aj-d-vet). [Latin] So \nhelp you God. -An old form ofadministering an oath \nin England, usu. in connection with other words, such \nas: Ita Ie Deus adjuvet, et sacrosancta Dei Evangelia (\"So \nhelp you God, and God's holy gospels\"), and Ita te Deus \nadjuvet et omnes saneti (\"So help you God and all the \nsaints\"). \nITC. See investment tax credit under TAX CREDIT. \nitem. (l6c) 1. A piece ofa whole, not necessarily sepa\nrated. 2. Commercial law. A negotiable instrument or \na promise or order to pay money handled by a bank \nfor collection or payment. -The term does not include \na payment order governed by division 11 of the VCC \n\n909 \nor a credit-or debit-card slip. VCC 4-104(a)(9). [Cases: \nBanks and Banking ~137, 158-168.] \npar item. An item that a drawee bank will remit to \nanother bank without charge. \nline item. Accounting. In a financial statement, a single \nentry or notation to which a particular dollar amount \nis attached. \n3. In drafting, a subpart of text that is the next smaller \nunit than a subparagraph . In federal drafting, for \nexample, \"(4)\" is the item in the following citation: Rule \n19(a){l)(B)(4). Also termed (in sense 3) clause. \nitemize, vb. To list in detail; to state by items <an \nitemized bill>. \nitemized deduction. See DEDUCTION. \nitem veto. See line-item veto under VETO. \niter (I-ti\"lr or it-i\"Ir), n. [Latin] 1. Roman law. A rural ser\nvitude that allowed the holder to walk or ride on horse\nback (but not drive a draft animal) through another's \nland. -Also termed servitus itineris (sar-vi-tas I-tin\nar-is). Cf. ACTUS (3); VIA (2).2. Hist. A journey; esp., a \ncircuit made by an eyre justice. See EYRE. IVF \nitinerant vendor. See VENDOR. \nitinerate (I-tin-i\"I-rayt), vb. (Of a judge) to travel on a \ncircuit for the purpose ofholding court. See CIRCUIT. \nitineration, n. itinerant, adj. & n. \nITS. abbr. Institute for Telecommunication Sciences. See \nNATIONAL TELECOMMUNICATIONS AND IKFORMATION \nADMINISTRATION. \niudex (yoo-deks). [Latin] See JUDEX. \niudicum reiectio. See jUDICUM REjECTIO. \niudicum sortitio. See JUDICUM SORTITIO. \niudicum subsortitio. See jUDlCUM SUBSORTITlO. \nius (yas aryoos). [Latin \"law, right\"] See JUS. \nius praetorium. See LEX PRAETORIlJM. \nius primae noctis. See MARCHETUM. \nius provocationis. See JUS PROVOCATIONIS. \niustae nuptiae. See JUSTAE NUPTIAE. \nIVA. abbr. See INDIVIDUAL VOLUNTARY ARRANGE\nMENT. \nIVF. abbr. IN VITRO FERTILIZATION. \n\nJ \nJ. abbr. 1. JUDGE. 2. JUSTICE (2).3. JUDGMENT. 4. JUS. 5. \nJOURNAL. \nJA. abbr. 1. JUDGE ADVOCATE. 2. See joint account under \nACCOUNT. \nJac. abbr. Jacobus the Latin form of the name James, \nused principally in citing statutes enacted during the \nreigns of English kings of that name (e.g., \"St. 1, Jac. \n2\"). \njacens (jay-senz). [Latin) Lying; fallen; in abeyance. See \nhereditas jacens under HEREDITAS. \njackpot justice. Slang. The awarding of enormous and \napparently arbitrary damages to plaintiffs, thereby \nmaking the plaintiffs wealthy and encouraging others \nto file lawsuits seeking excessive damages for even \nminor actual harm. \nJackson-Denno hearing. (1965) A court proceeding, \nheld outside the jury's presence to determine whether \nthe defendant's confession was voluntary and therefore \nadmissible as evidence. Jackson v. Denno, 378 U.S. 368, \n84 S.Ct. 1774 (1964). -Also termed Jackson v. Denno \nhearing. [Cases: Criminal Law 0531, 532.] \nJackson standard. (1980) Criminal law. The principle that \nthe standard of review on appeal when a criminal \ndefendant claims that there is insufficient evidence to \nsupport the conviction -is to determine whether, after \nconsidering the evidence in the light most favorable to \nthe prosecution, any rational trier of fact could have \nfound the essential elements of the crime beyond a \nreasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 \nS.Ct. 2781 (1979). [Cases: Criminal LawC=' 1144.13(3), \n1159.2(7).] \nJackson v. Denno hearing. See JACKSON-DENNO HEAR\nING. \nJacob Wetterling Crimes Against Children and \nSexually Violent Offender Registration Act. A 1989 \nfederal statute requiring each state to create a sex\noffender registry of sexually violent offenders, par\nticularly those who have been convicted of sex crimes \nagain"}
{"text": "a sex\noffender registry of sexually violent offenders, par\nticularly those who have been convicted of sex crimes \nagainst minors, and to disclose information about \nregistered sex offenders for public-safety purposes. \n'Ihe Act mandates a minimum registration period of \n10 years, beginning on the offender's date of release \nfrom custody or supervision. It was amended in 1996 by \nMegan's Law, which added the disclosure requirement. \nSee 42 USCA  14071. The Act was named for ll-year\nold Jacob Wetterling of Minnesota, who was abducted \nby a stranger in 1989. During the immediate search for \nJacob, law-enforcement officers discovered that many \nof the county's halfway houses sheltered sex offenders \nfrom another county. Jacob was never found. -Often \nshortened to Jacob Wetterling Act or Wetterling Act. Cf. \nMEGAN'S LAW. [Cases: Mental Health 0469.1 jactitation (jak-ti-tay-sh,m). (17c) 1. A false boasting or \nclaim that causes injury to another. [Cases: Libel and \nSlander 140.] 2. Civil law. SLANDER OF TITLE. \njactitation of marriage. Rist. 1. False and actionable \nboasting or claiming that one is married to another. 2. \nAn action against a person who falsely boasts ofbeing \nmarried to the complainant. \n\"Jactitation of marriage is a cause of action which arises \nwhen a person falsely alleges that he or she is married \nto the petitioner, and the remedy sought is a perpetual \ninjunction against the respondent to cease making such \nallegations. The cause is now uncommon in English munici\npal law and almost unknown in the conflict of laws.\" R.H. \nGraveson, Conflict ofLaws 349 (7th ed. 1974). \njactitation of title. See SLANDER OF TITLE. \njactura (jak-t[yJoor-J), n. [Latin] Civil law. 1. A throwing \nofgoods overboard to lighten or save a vessel; JETTISON. \n2. A loss incurred from this; general average. See general \naverage under AVERAGE. -Also termed jactus. \njactus lapilli (jak-tas la-pit-I). [Latin \"the throwing down \nof a stone\"] Roman law. A landowner's thrOWing of a \nsmall stone onto a neighbor's land to symbolically \nprotest construction that could threaten the thrower's \ninterest. Cf. NOVI OPERIS NUNTIATIO. \njactus mercium navis levandae causa (jak-tas mar\nshee-am nay-vis la-van-dee kaw-z<l). [Latin \"the \nthrowing of goods into the sea for the purpose of \nlightening the ship\"] Roman law. JETTISON. See I.EX \nRHODIA. \njactus reUs (jak-tJs ree-tis). [Latin] Roman law. The \ncasting ofa net in the context ofemptio spei. See emptio \nspei under EMPTIO. \nJAG. abbr. JUDGE ADVOCATE GENERAL. \nJAG Department. See JUDGE ADVOCATE GENERAL'S \nDEPARTMENT. \nJAG Manual. See MANUAL OF THE JUDGE ADVOCATE \nGENERAL. \njail, n. (l3c) A local government's detention center where \npersons awaiting trial or those convicted of misde\nmeanors are confined. -Also spelled (esp. in BrE) \ngaol. -Also termed holding cell; lockup; jailhouse; \nhouse ofdetention; community correctional center. Cf. \nPRISON. [Cases: Prisons 0213.] -jail, vb. \njail credit. (I950) Time spent by a criminal defendant in \nconfinement while awaiting trial.  This time is usu. \ndeducted from the defendant's final sentence (if con\nvicted). -Also termed jail-credit time. [Cases: Sentenc\ning and Punishment 01158.J \njail delivery. 1. An escape by several prisoners from a \njail. 2. Archaic. A clearing procedure by which all pris\noners at a given jail are tried for the offenses that they \nare accused ofhaving committed. \n\n911 \ngeneral jail delivery. Collectively, acquittals in high \nnumbers as a result ofeither lax or reckless adminis\ntration of the law or defects in the law. \n3. Archaic. 1be commission issued to judges of assize, \ndirecting them to clear a jail by trying -and either \nacquitting or condemning -all the inmates. 4. \nArchaic. The court charged with the trial ofall ordinary \ncriminal cases. -Also written gaol delivery. See COM\nMISSION OF GAOL DELIVERY. \njailer. A keeper, guard, or warden ofa prison or jail. \nAlso spelled (esp. in BrE) gaoler. [Cases: Prisons \n390.] \njailhouse. See JAIL. \njailhouse lawyer. A prison inmate who seeks release \nthrough legal procedures or who gives legal advice to \nother inmates. Also termed guardhouse lawyer. \njail liberties. Bounds within which a jailor prison lies \nand throughout which certain prisoners are allowed \nto move freely, usu. after giving bond for the liber\nties. The bounds are considered an extension of the \nprison walls. Historically, jail liberties were given in \nEngland to those imprisoned for debt. The prisoners \nwere allowed to move freely within the city in which \nthe prison was located. -Also spelled (esp. in BrE) gaol \nliberties. -Also termed jail limits. See BOUND (2). \n\"[Sltatutes were from time to time passed enlarging the \ngaol liberties, in order to mitigate the hardships of impris \nonment: thus, the whole City of Boston was held the 'gaol \nliberties' of its county gaol. And so with a large part of New \nYork City .... The prisoner, while within the limits, is con\nsidered as within the walls of the prison.\" 1 John Bouvier, \nBouvier's Law Dictionary 1333-34 (8th ed. 1914). \njail mail. Slang. Correspondence sent by or to an incar\ncerated person . It is often screened by prison per\nsonnel. \nJamaican switch. An illegal scheme whereby one con\nspirator convinces the victim of a need for help in \nhandling a large sum of money, usu. by claiming to \nhave found the money or by claiming to be an unso\nphisticated foreigner, and promises to share part ofthe \nmoney with the victim or asks the victim for help in \nfinding a suitable charity to donate to, at which time \nthe other conspirator appears and promises to assist \nifboth the victim and first conspirator provide good\nfaith money, the intent being for the two conspirators \nto leave with all the money, including the victim's . \nThe name given to this scheme is likely to be considered \noffensive by some. Also termed pigeon drop. [Cases: \nFalse Pretenses (;::::> 16.] \nJames hearing. (1981) A court proceeding held to deter\nmine whether the out-of-court statements of a cocon\nspirator sbould be admitted into evidence, by analyzing \nwhether there was a conspiracy, whether the declarant \nand the defendant were part of the conspiracy, and \nwhether the statement was made in furtherance of the \nconspiracy. United States v. James, 590 F.2d 575 (5th \nCir. 1979); Fed. R. Evid. 80l(d)(2)(E). [Cases: Criminal \nLaw (;::::>427.] Jencks material \nJane Doe. A fictitious name for a female party to a legal \nproceeding, used because the party's true identity is \nunknown or because her real name is being withheld. \nAlso termed Jane Roe; Mary \",v[ajor. Cf. JOHN DOE. \n[Cases: Federal Civil Procedure <::=' 101; Parties \n73.] \nJanus-faced (jay-n<Js fayst), adj. (17c) Having two con\ntrasting or contradictory aspects; two-faced <a Janus\nfaced plea>. \nJason clause. Alaritime law. A bill-of-Iading clause \nrequiring contribution in general average even when \nthe peril that justified the sacrifice was the result ofthe \ncarrier's negligence, for which the carrier is otherwise \nexempt from liability by statute . The clause is named \nafter the Supreme Court case that upheld its enforce\nability, The Jason, 225 U.S. 32, 32 S.Ct. 560 (1912). See \ngeneral average under AVERAGE. [Cases: Shipping \n189.] \njaywalking, n. (1919) The act or instance of crossing a \nstreet without heeding traffic regulations, as by crossing \nbetween intersections or at a place other than a cross\nwalk.[Cases: Automobiles (;::::>217; Municipal Corpora\ntions (;::::>707.) jaywalk, vb. \nJCP. abbr. Justice of the Common Pleas. See COURT OF \nCOMMON PLEAS. \nJ.D. abbr. JURIS DOCTOR. \nJedburgh justice (jed-b;}r-<J). See JUSTICE (1). \nJeddart justice (jed-<Jrt). See Jedburgh justice under \nJUSTICE (1). \njedge and warrant (jej). Scots law. The authority formerly \ngiven by the Dean of Guild of a burgh to rebuild or \nrepair a dilapidated house or tenement. \nJedwood justice (jed-wdd). See Jedburgh justice under \nJUSTICE (1). \nJencks material. (1961) Criminal procedure. A prosecu\ntion witness's written or recorded pretrial statement \nthat a criminal defendant, upon filing a motion after \nthe witness has testified, is entitled to have in prepar\ning to cross-examine the witness . The defense may \nuse a statement ofthis kind for impeachment purposes. \nJencks v. United States, 353 U.S. 657, 77 S.Ct. 1007 (1957); \nJencks Act, 18 USCA  3500. Cf. BRADY MATERIAL. \n[Cases: Criminal Law (;::::>627.7.] \nreverse Jencks material. Criminal procedure. A defense \nwitness's written or recorded pretrial statement that \na prosecutor is entitled to have in preparing to cross\nexamine the witness. -Reverse Jencks material may \nbe obtained during pretrial discovery. Discoverable \nstatements include a witness's Signed or adopted \nwritten statement, and transcripts or recordings of \nthe witness's oral statements, including grand-jury \ntestimony. United States v. Nobles, 422 U.S. 225, \n231-34,95 S. Ct. 2160, 2166-68 (1975); Fed. R. Crim. \nP. 26.2. -Also termed reverse Jencks; reverse discov\nery; reciprocal discovery. [Cases: Criminal Law \n627.7(2).] \n\n912 Jensen doctrine \nJensen doctrine. Maritime law. The principle that a \nstate statute may not apply in a maritime case ifto do \nso would \"work material prejudice to the character\nistic features of the general maritime law or interfere \nwith the proper harmony and uniformity of that law.\" \nSouthern Pac. Co. v. Jensen, 244 U.S. 205,37 S.Ct. 524 \n(1917). [Cases: Workers' Compensation (;:::>262.] \njeofail Oef-ayl), n. [fro French j'ay faille] Archaic. 1. A \npleading error or oversight that results in a misjoined \nissue and requires a repleader. 2. The acknowledgment \nofsuch an error. -Also spelled jeo/aile. \njeopardy. (14c) The risk of conviction and punishment \nthat a criminal defendant faces at triaL. Jeopardy \nattaches in a jury trial when the jury is empaneled, and \nin a bench trial when the first witness is sworn. -Also \ntermed legal jeopardy. See DOUBLE JEOPARDY. [Cases: \nDouble JeopardyC::>59.] \njeopardy assessment. See ASSESSMENT. \nJepson claim. See PATENT CLAIM. \njerk note. Hist. Maritime law. A permit, issued by a \ncustoms collector to the ship's master, authorizing the \nmaster to receive cargo for an outbound voyage. \njetsam (jet-sdm). (16c) The portion of a ship's cargo \nand equipment that is (1) thrown overboard in an \neffort to save the ship from a perilous condition, and \nthat (2) either sinks beneath the surface or is washed \nashore. Also termed jettison. Cf. FLOTSAM; LAGAN \n(1); WAVESON. \njettison (jet-d-s;m), n. (15c) Maritime law. l. The act of \nvoluntarily throwing cargo overboard to lighten or \nstabilize a ship that is in immediate danger. Also \ntermed eqUitable jettison; jactura; jactus mercium navis \nlevandae causa. See general average under AVERAGE. 2. \nJETSAM. jettison, vb. \n\"The goods must not be swept away by the violence of the \nwaves, for then the loss falls entirely upon the merchant or \nhis insurer, but they must be intentionally sacrificed by the \nmind and agency of man, for the safety of the ship and the \nresidue of the cargo. The jettison must be made for suf \nfieient cause, and not from groundless timidity. It must be \nmade in a case of extremity, when the ship is in danger of \nperishing by the fury of a storm, or is laboring upon rocks \nor shallows, or is closely pursued by pirates or enemies; \nand then if the ship and the residue of the cargo be saved \nby means of the sacrifice, nothing can be more reasonable \nthan that the property saved should bear its proportion of \nthe loss,\" 3 James Kent, Commentaries on American Law \n*232-33 (George Comstock ed., 11 th ed. 1866). \njeux de bourse (zhoo dd bars), n. [French \"games of the \nstock exchange\"] Speculation in stocks or bonds, as by \ndealing in options or futures. \nJewell instruction (joo-wdl). (1977"}
{"text": "onds, as by \ndealing in options or futures. \nJewell instruction (joo-wdl). (1977) Criminal procedure. \nA court's instruction to the jury that the defendant can \nbe found to have the requisite criminal mental state \ndespite being deliberately ignorant ofsome ofthe facts \nsurrounding the crime . If a defendant claims igno\nrance of some fact essential to the crime, such as not \nknowing that a particular bag contained drugs, but \nthe surrounding circumstances would put a reason\nable person on notice that there was a high probability of illegality, as when the defendant has taken the bag \nfrom a known drug-dealer and has noticed the smell \nofmarijuana coming from the bag, then the court may \ninstruct the jury that it is entitled to infer the defen\ndant's guilty knowledge if the defendant deliberately \navoided knowledge of the critical facts. United States \nv. Jewell, 532 F.2d 697 (9th Cir. 1976). Also termed \ndeliberate-indifference instruction. Cf. ostrich instruc\ntion under JURY INSTRUCTION. [Cases: Criminal Law \n(;:::>772(5).] \nJim Crow law. (1891) Hist. A law enacted or purposely \ninterpreted to discriminate against blacks, such as a \nlaw requiring separate restrooms for blacks and whites. \n Jim Crow laws are unconstitutional under the 14th \nAmendment. \njingle rule. See DUAL-PRIORITIES RULE. \nJJ. abbr. 1. Judges. 2. Justices. \nJ.N. abbr. JOHN-A-NOKES. \nJNOV. \tabbr. Judgment non obstante veredicto. \nSee judgment notwithstanding the verdict under \nJUDGMENT. \njob action. Labor law. A concerted, temporary action \nby employees (such as a sickout or work slowdown), \nintended to pressure management to concede to the \nemployees' demands without resorting to a strike. See \nSTRIKE (1). \njobber, n. (17c) 1. One who buys from a manufacturer \nand sells to a retailer; a wholesaler or middleman. 2. \nA middleman in the exchange of securities among \nbrokers. -Also termed stockjobber; stock-jobber. 3. \nOne who works by the job; a contractor. -job, vb. \njobber's agreement. See HAZANTOWN AGREEMENT. \njobbery, n. (1837) lhe practice or act of perverting a \npublic service in a way that serves private ends; unfair \nmeans to serve private interests. \njob security. Protection of an employee's job, often \nthrough a union contract. \njob-targeting program. An initiative by a labor union to \nmaintain or improve its share ofthe labor in a particu\nlar market by financing or backing contractors who bid \non targeted projects. Also termed market-recovery \nprogram. \njocus partitus (joh-bs pahr-tI-tds), n. [Law Latin \n\"divided game\"] Rist. A gambling arrangement made \nby the parties on a lawsuit's outcome. \nJohn-a-Nokes. Archaic. A fictitious name for an \nunknown party to a legal proceeding, esp. the first \nparty. lhe name is short for \"John who dwells at the \noak.\" Abbr. J.N. -Also spelled John-a-Noakes. \nJohn-a-Stiles. Archaic. A fictitious name for an unknown \nparty to a legal proceeding, esp. the second party . The \nname is short for \"John who dwells at the stile.\" Abbr. \nJ.S. -Also spelled John-a-Styles. \nJohn Doe. A fictitious name used in a legal proceeding \nto designate a person whose identity is unknown, to \nprotect a person's known identity, or to indicate that a \n\n913 jOint administration \ntrue defendant does not exist. -In England, \"William \nStyles\" was also used. Cf. JANE DOE; RICHARD ROE. \n[Cases: Federal Civil Procedure 101; Parties \n67,73.] \n\"Sheriffs in time growing remiss in their duty, allowed of \nany persons as pledges, sometimes returning the names \nof fictitious persons as pledges, at others, neglecting to \nrequire or return any at all. ... And the legislature, to supply \nthe want of real persons as pledges, and recompense the \ndefendant where he has been unjustly or vexatiously sued, \nhas by various statutes, either given him the costs he has \nincurred in making his defence; or else deprived the plain\ntiff of recovering those costs he is entitled to by law, in \ncases of obtaining a verdict, by leaving it to the judge at the \ntrial to certify on the record, that he had little or no cause \nof action. Since these statutes for allowing the defendant \nhis costs, where the plaintiff fails, or is nonsuited, the writ \nto the coroner to affeer the pledges has fallen into disuse, \nand two good-natured personages, john Doe and Richard \nRoe, from their universal acquaintance and peculiar longev \nity, have become the ready and common pledges of every \nsuitor.\" 1 George Crompton, Rules and Cases of Practice \nin the Courts of King's Bench and Common Pleas xlvii (3d \ned, 1787). \n'The fictitious names john Doe and Richard Roe regularly \nappeared in actions of ejectment ... at common law. \nDoe was the nominal plaintiff, who by a fiction was said \nto have entered land under a valid lease; Roe was said \nto have ejected Doe, and the lawsuit took the title Doe \nv. Roe. These fictional allegations disappeared upon the \nenactment of the Common Law Procedure Act of 1852.... \nBeyond actions of ejectment, and esp. in the U.S., john \nDoe, jane Doe, Richard Roe, Jane Roe, and Peter Poe have \ncome to identify a party to a lawsuit whose true name is \neither unknown or purposely shielded.\" Bryan A, Garner, A \nDictionary ofModem Legal Usage 290-91 (2d ed. 1995). \nJohn Doe defendant. See DEFENDANT. \nJohn Doe summons. See SUMMONS, \nJohn Doe warrant. See WARRANT (1). \njoinder, n. (I7c) The uniting of parties or claims in a \nsingle lawsuit. Cf. CONSOLIDATION (3). [Cases: Action \nC-='39-52; Federal Civil Procedure C=>81, 201-267; \nParties C=>49.] join, vb. \ncollusive joinder. (1883) Joinder ofa defendant, usu. a \nnonresident, in order to have a case removed to federal \ncourt. See manufactured diversity under DIVERSITY OF \nCITIZENSHIP. [Cases: Removal ofCases (;:::\" 36.] \ncompulsory joinder. (1901) The necessary jOinder of \na party if either of the following is true: (1) in that \nparty's absence, those already involved in the lawsuit \ncannot receive complete relief; or (2) the absent party \nclaims an interest in the subject of an action, so that \nparty's absence might either impair the protection \nof that interest or leave some other party subject to \nmultiple or inconsistent obligations. Fed. R. Civ. P. \n19(a). -Also termed mandatory joinder. [Cases: \nFederal Civil Procedure (;::')201; Parties 28,] \nfraudulent joinder. (1836) The bad-faith joinder of a \nparty, usu. a resident ofthe state, to prevent removal \nof a case to federal court. [Cases: Removal of Cases \nC-::>36.] \njoinder in demurrer. Common-law pleading. A set in a legal issue; esp., the plaintiffs acceptance of the \ndefendant's issue ofIaw. \njoinder in issue. See jOinder ofissue. \njoinder in pleading. Common-law pleading. One party's \nacceptance ofthe opposing party's proposed issue and \nmode of triaL \njoinder oferror. A written denial of the errors alleged \nin an assignment oferrors in a criminal case. \njoinder ofissue. 1. The submission ofan issue jointly for \ndecision. 2. The acceptance or adoption ofa disputed \npoint as the basis of argument in a controversy. \nAlso termed joinder in issue; similiter. 3. The taking \nup of the opposite side of a case, or of the contrary \nview on a question. \njoinder ofoffenses. The charging of an accused with \ntwo or more crimes as multiple counts in a single \nindictment or information. -Unless later severed, \njoined offenses are tried together at a single trial. Fed, \nR. Crim, P. 8(a). [Cases: Indictment and Information \n126.] \njoinder ofremedies. The jOinder ofalternative claims, \nsuch as breach of contract and quantum meruit, or \nof one claim with another prospective claim, such \nas a creditor's claim against a debtor to recover on a \nloan and the creditor's claim against a third party to \nset aside the transfer of the loan's collateral. [Cases: \nAction C=>43; Federal Civil Procedure C=>81.] \nmandatory joinder. See compulsory joinder. \nmisjoinder. See MISJOINDER. \nnonjoinder. See NONJOINDER. \npermissive joinder. (1903) The optional joinder of \nparties if(1) their claims or the claims asserted against \nthem are asserted jointly, severally, or in respect ofthe \nsame transaction or occurrence, and (2) any legal or \nfactual question common to all of them will arise. \nFed. R. Civ. P. 20. [Cases: Federal Civil Procedure \n241; Parties C=> 13,24.] \npretensive joinder. Joinder of defendants solely to \nobtain venue in a jurisdiction in which the action \ncould not otherwise be tried. [Cases: Venue \n22(3).] \njoint, adj. (14c) 1. (Of a thing) common to or shared by \ntwo or more persons or entities <joint bank account>. \n2. (Of a person or entity) combined, united, or sharing \nwith another <joint heirs>. \njoint account. See ACCOUNT. \njoint action. See ACTION (4). \njoint activity, See JOINT PARTICIPATION. \njoint administration. Bankruptcy. 'The management of \ntwo or more bankruptcy estates, usu. involVing related \ndebtors, under one docket for purposes of handling \nvarious administrative matters, including notices to \ncreditors, to conclude the cases more efficiently. - A \nbankruptcy court can order a joint administration \nwhen there are two or more cases pending involving \nform of words by which either party accepts or joins i a husband and wife, a partnership and at least one \n\n914 joint adoption \npartner, two or more business partners, or a business ! joint contract. See CO?>lTRACT. \nand an affiliate. The intent should be to increase the \nadministrative efficiency of administering the two \ncases; the substantive rights of creditors should not \nordinarily be affected. Fed. R. Bankr. P. 1015. -Also \ntermed procedural consolidation. See ADMINISTRA TlON \n(3). Cf. substantive consolidation under CONSOLIDA\nTION. [Cases; Bankruptcy \njoint adoption. See ADOPTION. \njoint adventure. 1. See common adventure under ADVEN\nTURE. 2. See JOINT VENTURE. \njoint and mutual will. See WILL. \njoint and reciprocal will. See joint and mutual will \nunder WILL. \njoint and several, adj. (I7c) (Of liability, responsibility, \netc.) apportionable at an adversary's discretion either \namong two or more parties or to only one or a few select \nmembers of the group; together and in separation. See \nJOINT; SEVERAL. [Cases; Contracts 181; Torts \n135.] \njoint and several bond. See BOND (3). \njoint and several liability. See LIABILITY. \njoint and several note. See NOTE (1). \njoint-and-survivorship account. See joint account under \nACCOUNT. \njoint annuity. See ANNUITY. \njoint authors. Copyright. Two or more authors who \ncollaborate in producing a copyrightable work, each \nauthor intending to merge his or her respective con\ntributions into a single work, and each being able to \nexploit the work as desired while remaining account\nable for a pro rata share of the profits to the coauthor or \ncoauthors. [Cases; Copyrights and Intellectual Property \nC=>41(3).] \njoint ballot. See BALLOT (2). \njoint board. Labor law. A committee -usu. made up of \nan equal number ofrepresentatives from management \nand the union -established to conduct grievance pro\nceedings or resolve grievances. \njoint bond. See BO?>lD (3). \njOint-check rule. The principle that when an owner or \ngeneral contractor issues a check that is made jointly \npayable to a subcontractor and the subcontractor's \nmaterialman supplier, the materialman's indorsement \non the check certifies that all amounts due to the mate\nrialman. up to the amount ofthe check, have been paid. \n This rule protects the owner or general contractor \nfrom lien foreclosure by a materialman who was not \npaid by the subcontractor. By issuing a joint check, \nthe owner or general contractor is not left merely to \nhope that the subcontractor pays all the materialmen. \nAnd the materialman is protected because it can refuse \nto indorse the check until it is satisfied that the sub\ncontractor will pay it the appropriate amount. [Cases: \nMechanics' Liens C=>115(5).] \njoint committee. See COMMITTEE. joint covenant. See COVENANT (1). \njoint creditor. See CREDITOR. \njoint custody. See CUSTODY (2). \njoint debtor. See DEBTOR. \njoint defendant. See CODEFENDANT. \njoint-defense privilege. See PRIVILEGE (3). \njoint demise. See DEMISE. \njoint employment. See EMPLOYMENT. \njoint enterprise. (17c) 1. Criminal law. An undertak\ning by two or more persons who set out to commit an \noffense they have conspired to. See CONSPIRACY. [Cases; \nConspiracy C=>23.1.] 2. Torts. An undertaking by two \nor more persons with an equal right to direct and benefit \nfrom the endeavor, as a result of which one"}
{"text": ". An undertaking by two \nor more persons with an equal right to direct and benefit \nfrom the endeavor, as a result of which one partici\npant's negligence may be imputed to the others. Also \ntermed (in senses 1 & 2) common enterprise. [Cases: \nAutomobiles (;::>198(4),227.5; Negligence C=>S7S.] 3. \nJOINT VENTURE. 4. A joint venture for noncommercial \npurposes.[Cases: Joint Adventures \n\"A business relationship is needed for ajoint venture but \nnot for a joint enterprise. Thus, a joint enterprise may be \ndefined as a non-commercialjoint venture.\" 46 Am.Jur. 2d \nJoint Ventures  6, at 27 (1994). \njoint estate. See ESTATE (1). \njoint executor. See EXECUTOR. \njoint heir. See HEIR. \njoint indictment. See INDICTMENT. \njoint interest. See INTEREST (2). \njoint-interest purchase. See SPLIT-INTEREST PURCHASE \nOF PROPERTY. \njoint inventor. Patents. A person who collaborates with \nanother or others in developing an invention. All \njoint inventors must be identified on a patent applica\ntion. [Cases: Patents ~'=>92.] \n\"Employing a friend, mechanic, model maker or other \nperson to do work for one on an idea does not, as a rule, \nmake him a joint inventor with the originator. One has a \nright to employ someone else to do one's work. There are \nconditions, however, where such person would become a \njoint inventor, or even sole inventor. It is best to play safe \nand consult an experienced patent lawyer, laying before \nhim all of the facts.\" Richard B. Owen, Patents, Trademarks, \nCopyrights, Departmental Practice 7 (1925). \njoint legal custody. See joint custody under CUSTODY \n(2). \njoint liability. See LIABILITY . \njoint life insurance. See LIFE INSURANCE. \njoint life policy. See INSURANCE POLICY. \njoint managing conservatorship. See joint custody \nunder CuSTODY (2). \njoint mortgage. See MORTGAGE. \njoint negligence. See NEGLIGENCE. \njoint note. See NOTE (1). \njoint obligation. See OBLIGATION. \n\n915 \njoint offense. See OFFENSE (1). \njoint ownership. See OWNERSHIP. \njoint participation. (1971) Civil-rights law. A pursuit \nundertaken by a private person in concert with a gov\nernmental entity or state official, resulting in the private \nperson's performing public functions and thereby being \nsubject to claims under the civil-rights laws. Also \ntermed jOint activity. See SYMBIOTIC-RELATIONSHIP \nTEST; NEXUS TEST. [Cases: Civil Rights C-::l1326(S).J \njoint party. See COPARTY. \njoint physical custody. See joint custody under CUSTODY \n(2). \njoint plaintiff. See COPLAINTIFF. \njoint possession. See POSSESSION. \njoint property. See PROPERTY. \njoint rate. See RATE. \njoint resolution. See RESOLUTION (1). \njointress. Hist. A woman who has a jointure. -Also \ntermed jointuress. See JOINTURE (1). \njoint return. See TAX RETURN. \njoint rule. See RULE (2). \njoint session. See SESSION (1). \njoint stock. See STOCK. \njoint-stock association. See jOint-stock company under \nCOMPANY. \njoint-stock company. See COMPANY. \njoint tariff. See TARIFF (5). \njoint tenancy. See TENANCY. \njoint tenant. See joint tenancy under TENANCY. \njoint tortfeasors. See TORTFEASOR. \njoint trespass. See TRESPASS. \njoint trial. See TRIAL. \njoint trustee. See COTRUSTEE. \njointure (joyn-chdr). (ISc) 1. Archaic. A woman's freehold \nlife estate in land, made in consideration of marriage \nin lieu of dower and to be enjoyed by her only after \nher husband's death; a settlement under which a wife \nreceives such an estate . The four essential elements are \nthat (1) the jointure must take effect immediately upon \nthe husband's death, (2) it must be for the wife's own \nlife, and not for another's life or for a term ofyears, (3) \nit must be held by her in her own right and not in trust \nfor her, and (4) it must be in lieu ofher entire dower. See \nDOWER. [Cases: Dower and Curtesy C=>29, 40.] \nequitable jointure. A premarital arrangement for a \nwoman to enjoy a jointure, accepted by the woman in \nlieu ofdower. -Also termed equitable dower. [Cases: \nDower and Curtesy C::::>40.J \n2. A settlement under which a wife receives such an \nestate. -Also termed legal jointure. 3. An estate in \nlands given jointly to a husband and wife before they \nmarry. See JOINTRESS. [Cases: Dower and CurtesyC:::> \n40.] journal of notarial acts \njointuress. See JOINTRESS. \njoint venture. (18c) A business undertaking by two or \nmore persons engaged in a single defined project.  The \nnecessary elements are: (1) an express or implied agree\nment; (2) a common purpose that the group intends \nto carry out; (3) shared profits and losses; and (4) each \nmember's equal voice in controlling the project. -Also \ntermed joint adventure; jOint enterprise. Cf. PARTNER\nSHIP; STRATEGIC ALLIANCE; VENTURE [Cases: Joint \nAdventures 1.2.] \n''There is some difficulty in determining when the legal \nrelationship of joint venture exists, with authorities dis\nagreeing as to the essential elements .... The joint venture \nis not as much of an entity as is a partnership.\" Henry G. \nHenn & John R. Alexander, Laws of Corporations  49, at \n106 (3d ed. 1983). \njoint-venture corporation. See CORPORATION. \njoint verdict. See VERDICT. \njoint welfare fund. See FUND (1). \njoint will. See WILL. \njoint work. See WORK (2). \njoker. (1904) 1. An ambiguous clause inserted in a leg\nislative bill to render it inoperative or uncertain in \nsome respect without arousing opposition at the time \nofpassage. 2. A rider or amendment that is extraneous \nto the subject ofthe bill. \nJones Act. Maritime law. A federal statute that allows \na seaman injured during the course of employment \nto recover damages for the injuries in a negligence \naction against the employer . If a seaman dies from \nsuch injuries, the seaman's personal representative may \nmaintain an action against the employer. 46 USCA app. \n 688. [Cases: Seamen C:::>29.J \nJones Act vessel. See VESSEL. \njour (zhoor), n. [French] Day <jour en bane>. \njournal. (ISc) 1. A book or record kept, usu. daily, as of \nthe proceedings ofa legislature or the events ofa ship's \nvoyage. -Also termed log; logbook. See MINUTES (2). \n2. Accounting. In double-entry bookkeeping, a book in \nwhich original entries are recorded before being trans\nferred to a ledger. 3. A periodical or magazine, esp. one \npublished for a scholarly or professional group. -Abbr. \nJ. \njournal entry. See ENTRY (2). \njournalist's privilege. See PRIVILEGE (J). \njournal of notarial acts (noh-tair-ee-dl). The notary \npublic's sequential record ofnotarial transactions, usu. \na bound book listing the date, time, and type of each \nofficial act, the type of instrument acknowledged or \nverified before the notary, the signature ofeach person \nwhose signature is notarized, the type ofinformation \nused to verify the identity of parties whose signatures \nare notarized, and the fee charged. 1his journal, \nrequired by law in many states, provides a record that \nmav be used as evidence in court. Also termed \nnot~rial record; notarial register; notary record book; \nsequential journal. \n\n916 journeys accounts \njourneys accounts. Hist. The number of days (usu. 15) \nafter the abatement of a writ within which a new writ \ncould be obtained . This number was based on how \nmany days it took for the plaintiff to travel (or journey) \nto the court. \njoyriding, n. (1909) The illegal driving ofsomeone else's \nautomobile without permission, but with no intent \nto deprive the owner of it permanently . Under the \nModel Penal Code, the offender's reasonable belief \nthat the owner would have consented is an affirmative \ndefense. See Model Penal Code  223.9. -Also termed \nunauthorized use ofa vehicle.[Cases: Automobiles \n339.] -joyride, vb. joyrider, n. \n\"When the automobile began to appear and was limited to \nthe possession of a few of the more fortunate members of \nthe community, many persons who ordinarily respected \nthe property rights of others, yielded to the temptation to \ndrive one of these new contrivances without the consent of \nthe owner. This became so common that the term 'joyrider' \nwas coined to refer to the person who indulged in such \nunpermitted use of another's car. For the most part it was \na relatively harmless type of trespass ....\" Rollin M. Perkins \n& Ronald N. Boyce, Criminal Law 333 (3d ed. 1982). \nJ.P. abbr. JUSTICE OF THE PEACE. \nJ.P. court. See justice court under COURT. \nJPML. abbr. JUDICIAL PANEL ON MULTIDISTRICT LITI\nGATION. \nJPO. abbr. Japanese Patent Office. \nJ.P. Stevens test. Patents. A two-part test to determine \nwhether a patent-applicant's conduct amounted to \ninequitable conduct before the Patent and Trademark \nOffice, by deciding (1) whether the threshold levels of \nmateriality and intent are met, and (2) whether, on \nbalance, the facts show inequitable conduct as a matter \noflaw. J.P. Stevens v. Lex Tex Ltd., 747 F.2d 1553 (Fed. \nCir. 1984). In the balance, information that is clearly \nmaterial or conduct that is clearly deceptive can decide \nthe outcome. [Cases: Patents 0=>97.J \nJ.S. abbr. JOHN-A-STILES. \nJSc. abbr. Justice ofSupreme Court. \nJ.S.D. [Law Latin juris scientiae doctor] abbr. DOCTOR OF \nJURIDICAL SCIENCE. \njubere Ouu-beer-ee), vb. [Latin] Civil law. L To order, \ndirect, or command. 2. To assure or promise. \nJ.U.D. [Law Latinjuris utriusque doctor \"doctor ofboth \nlaws\"] abbr. A doctor ofboth civil and canon law. \njudex (joo-deks), n. [Latin] 1. Roman law. A private \nperson appointed by a praetor or other magistrate \nto hear and decide a case . The Roman judex was \noriginally drawn from a panel of qualified persons of \nstanding but was later himself a magistrate. 2. Roman \n& civil law. A judge. 3. Rist. A juror. -Also spelled \niudex. PI. judices (joo-di-seez). \njudex ad quem (ad kwem). Civil law. A judge to whom \nan appeal is taken. \njudex a quo (ay kwoh). Civil law. A judge from whom \nan appeal is taken. judex datus (day-tds). Roman law. A judex aSSigned by \na magistrate or provincial governor to try a case under \ncognitio extraordinaria. See COGNITIO EXTRAORDI\nNARIA. \njudex delegatus (del-d-gay-tds). Roman & civil law. \nA delegated judge under cognitio extraordinaria; a \nspecial judge. See COGNITlO EXTRAORDINARIA. \njudexfiscalis (fis-kay-lis). Roman law. A judex having \njurisdiction of matters relating to the fiscus. See \nFISCUS (1). \njudex ordinarius (or-dd-nair-ee-ds). Civil law. A judge \nhaving jurisdiction in his own right rather than by \ndelegated authority . The judge was typically a pro\nvincial governor. \njudexpedaneus (p;l-day-nee-;ls). Roman law. A judex to \nwhom petty cases are delegated; an inferior or deputy \njudge under cognitio extraordinaria. Also termed \njudex specialis. \njudex quaestionis (kwes-chee-oh-nis or kwes-tee-). \nRoman law. The chairman of the jury in a criminal \ncase, either a praetor or a magistrate oflower rank. \njudex selectus (s;llek-t;ls). Civil law. A judge selected \nto hear the facts in a criminal case. \njudex specialis (spesh-ee-ay-lis). Roman law. See judex \npedaneus. \njudge, n. (14c) A public official appointed or elected to \nhear and decide legal matters in court.  The term is \nsometimes held to include all officers appointed to \ndecide litigated questions, including a justice of the \npeace and even jurors (who are judges ofthe facts). But \nin ordinary legal usage, the term is limited to the sense \nofan officer who (1) is so named in his or her commis\nsion, and (2) presides in a court. Judge is often used \ninterchangeably with court. See COURT (2). -Abbr. J. \n(and, in plural, JJ. [Cases: Judges 0=> 1.] \nadministrative-law judge. See ADMINISTRATIVE-LAW \nJUDGE. \nadministrative patent judge. Patents. A U.S. Patent \nand Trademark Office adjudicator charged with con\nducting interference and appeal proceedings. Abbr. \nAPT. [Cases: Patents C\"~111.] \nassociate judge. (18c) An appellate judge who is neither \na chief judge nor a presiding judge. Also termed \npuisne judge. \nbankruptcy judge"}
{"text": "ellate judge who is neither \na chief judge nor a presiding judge. Also termed \npuisne judge. \nbankruptcy judge. (1873) A judicial officer appointed \nby a U.S. Court of Appeals to preside over cases filed \nunder the Bankruptcy Code and proceedings related \nto bankruptcy cases that are referred by the U.S. \ndistrict court . A bankruptcy judge is appointed for \na term of 14 years. 28 USCA  151 et seq. See ARTICLE \nI JUDGE. [Cases: Bankruptcy 0=>2123.] \nchiefadministrative patentjudge. Patents. The super\nvisor ofadministrative patent judges at the U.S. Patent \nand Trademark Office. Abbr. CAPT. \nchiefjudge. (15c) The judge who presides over the \nsessions and deliberations of a court, while also \n\n917 judge \noverseeing the administration of the court. -Abbr. \nc.J. \ncircuit judge. (lSc) 1. A judge who sits on a circuit \ncourt; esp., a federal judge who sits on a U.S. court \nof appeals. 2. Rist. A special judge added to a court \nfor the purpose ofholding trials, but without being a \nregular member ofthe court. -Abbr. c.J. \ncity judge. See municipal judge. \ncontinuingpart-time judge. A judge who serves repeat\nedly on a part-time basis by election or under a con\ntinuing appointment. \ncounty judge. (ISc) A local judge having criminal \nor civil jurisdiction, or sometimes both, within a \ncounty. \ncriminal-court judge. A judge who sits on a court \nwith jurisdiction only over criminal matters. [Cases: \nJudges \nde facto judge (di fak-toh). (IS29) A judge operating \nunder color oflaw but whose authority is procedur\nally defective, such as a judge appOinted under an \nunconstitutional statute. -Also termed judge de \nfacto. [Cases: Judges <>6,26.] \ndistrict judge. (lSc) 1. A judge in a federal or state \njudicial district. 2. See metropolitan stipendiary mag\nistrate under MAGISTRATE. -Abbr. D.J. \nduty judge. A judge responsible for setting an arrestee's \nbail, usu. by telephone or videoconference. \nfamily-court judge. A judge who sits on a court that \nhas jurisdiction exclusively over matters involving \ndomestic relations, such as divorce and child-custody \nmatters. [Cases: Judges (;:::;::, 1.] \nhanging judge. (ISc) Slang. A judge who is harsh \n(sometimes corruptly so) with defendants, esp. those \naccused of capital crimes. \ninferior judge. A judge who sits on a lower court. \n[Cases: Judges C=:: 1.1 \njudge de facto. See de facto judge. \njudge delegate. A judge who acts under delegated \nauthority. \njudge ofprobate. See probate judge. \njudge ordinary. Rist. The judge ofthe English Court for \nDivorce and Matrimonial Causes from 1857-lS75. \njudge pro tempore (proh tem-pa-ree). See visiting \njudge. \njuvenile-court judge. A judge who sits on a court that \nhas jurisdiction exclusively over matters involv\ning juveniles, such as suits involving child abuse \nand neglect, matters involving status offenses, and, \nsometimes, suits to terminate parental rights. [Cases: \nJudges 1.] \nlay judge. (16c) A judge who is not a lawyer. \nmentorjudge. An experienced judge who helps a new \njudge by sharing knowledge and offering guidance. military judge. A commissioned officer of the armed \nforces who is on active duty and is a member ofa bar \nofa federal court or of the highest court ofa state. \nThe Judge Advocate General ofthe particular service \nmust certify a military judge as qualified for duty. A \nmilitary judge of a general court-martial must also \nbe a member ofan independent judiciary. A military \njudge is detailed to every general court-martial and \nusu. to a special court -martial. [Cases: Military Justice \n<':=>SS1.] \nmunicipal judge. (lSc) A local judge having criminal or \ncivil jurisdiction, or sometimes both, within a city. \nAlso termed city judge. \npresidingjudge. (18c) 1. A judge in charge ofa particu\nlar court or judicial district; esp., the senior active \njudge on a three-member panel that hears and decides \ncases. 2. A chief judge. -Abbr. P.J. Also termed \npresident judge. \nprobate judge. (18c) A judge having jurisdiction over \nprobate, inheritance, guardianships, and the like. \nAlso termed judge ofprobate; surrogate; register; \nregistry. \npuisne judge (pyoo-nee). [Law French puisne \"later \nborn\"] 1. A junior judge; a judge without distinction \nor title. -Ihis was the title formerly used in English \ncommon-law courts for a judge other than the chief \njudge. Today puisne judge refers to any judge of the \nEnglish High Court, apart from the ChiefJustice. 2. \nSee associate judge. \nsenior administrative patent judge. Patents. A semire\ntired administrative patent judge who remains active \nin hearing interferences in the U.S. Patent and Trade\nmark Office. -Abbr. SAPJ. \nsenior judge. (l8c) 1. The judge who has served for the \nlongest time on a given court. 2. A federal or state \njudge who qualifies for senior status and chooses this \nstatus over retirement. See SENIOR STATUS. \nside judge. Archaic. A judge -or one oftwo judges \nofinferior rank, associated with a judge of a higher \nrank for the purpose ofconstituting a court. \nspecial judge. (17c) A judge appOinted or selected to sit, \nusu. in a specific case, in the absence or disqualifica\ntion ofthe regular judge or otherwise as provided by \nstatute. [Cases: Judges <>13-19,25.] \n\"Many, if not ali, jurisdictions have made provision for \nthe selection of a substitute or special judge to serve in \nplace of the regular judge in the event of disqualifica\ntion, voluntary recusal, disability, or other absence of the \nregular judge, The circumstances under which a special \nor substitute judge may act in place of the regular judge, \nand the manner in which such ajudge may be chosen, are \nmatters of purely local regulation, entirely dependent on \nlocal constitutions and statutes.\" 46 Am. Jur. 2d judges \n 248, at 331 (1994). \ntemporary judge. See visiting judge. \ntrial judge. (17c) The judge before whom a case is tried. \n-This term is used most commonly on appeal from \nthe judge's rulings. \n\n918 judge advocate \nUnited States Magistrate Judge. See UNITED STATES \nMAGISTRATE JUDGE. \nvisitingjudge. (1888) A judge appointed by the pre\nsiding judge of an administrative region to sit tem\nporarily on a given court, usu. in the regular judge's \nabsence. -Also termed temporary judge; judge pro \ntempore. [Cases: Judges C=o 13-19, 25.] \njudge advocate. (17c) Military law. 1. An officer of a \ncourt-martial who acts as a prosecutor. 2. A legal \nadviser on a military commander's staff. 3. Any officer \nin the Judge Advocate General's Corps or in a depart\nment ofa U.S. military branch. -Abbr. JA. \nstaffjudge advocate. A certified military lawyer with \nthe staff ofa convening or supervisory authority that \nexercises general court-martial jurisdiction. \nJudge Advocate General. Military law. The senior legal \nofficer and chieflegal adviser of the Army, Navy, or Air \nForce. -Abbr. JAG. \nJudge Lynch. See LYNCH LAW. \njudge-made law. (1817) 1. The law established by judicial \nprecedent rather than by statute. See COMMON LAW. \n[Cases: Courts C=o88.] 2. The law that results when \njudges construe statutes contrary to legislative intent. \nAlso termed (in sense 2) judicial legislation; bench legis\nlation; judicial law. See JUDICIAL ACTIVISM. \njudgement. See JUDGMENT. \njudge's chamber. See CHAMBER. \njudgeship. (17c) 1. The office or authority of a judge. 2. \nThe period of a judge's incumbency. \njudge-shopping. (1962) The practice of filing several \nlawsuits asserting the same claims -in a court or a \ndistrict with multiple judges -with the hope ofhaving \none of the lawsuits assigned to a favorable judge and \nof non suiting or voluntarily dismissing the others. Cf. \nFORUM-SHOPPING. \njudge trial. See bench trial under TRIAL. \njudgment. (13c) 1. A court's final determination of the \nrights and obligations of the parties in a case . The \nterm judgment includes an equitable decree and any \norder from which an appeal lies. Fed. R. Civ. P. 54. \nAlso spelled (esp. in BrE) judgement. -Abbr. 1. -Also \ntermed (historically) judgment ex cathedra. Cf. RULING \n(1); OPINION (1). [Cases: Federal Civil Procedure \n2391-2628; Judgment C=o1.] 2. English law. An opinion \ndelivered by a member of the appellate committee of \nthe House of Lords; a Law Lord's judicial opinion. \nAlso termed (in sense 2) speech. \n\"An action is instituted for the enforcement of a right or \nthe redress of an injury. Hence ajudgment, as the culmi\nnation of the action declares the existence of the right, \nrecognizes the commission of the injury, or negatives the \nallegation of one or the other. But as no right can exist \nwithout a correlative duty. nor any invasion of it without a \ncorresponding obligation to make amends, the judgment \nnecessarily affirms, or else denies, that such a duty or such \na liability rests upon the person against whom the aid of \nthe law is invoked.\" 1 Henry Campbell Black, A Treatise on \nthe Law ofJudgments  1, at 2 (2d ed. 1902). accumulative judgment. (1921) A second or additional \njudgment against a person who has already been con\nvicted, the execution ofwhich is postponed until the \ncompletion of any prior sentence. \nagreed judgment. (1945) A settlement that becomes \na court judgment when the judge sanctions it. \nIn effect, an agreed judgment is merely a contract \nacknowledged in open court and ordered to be \nrecorded, but it binds the parties as fully as other \njudgments. -Also termed consent judgment; stipu\nlated judgment;judgment by consent. [Cases: Federal \nCivil Procedure C=o2397; Judgment C=o71-91.] \nalternative judgment. A determination that gives \nthe losing party options for satisfying that party's \nduties. \ncognovitjudgment (kog-noh-vit). A debtor's confession \nofjudgment; judgment entered in accordance with a \ncognovit. See CONFESSION OF JUDGMENT; COGNOVIT. \n[Cases: Federal Civil Procedure C=o2396; Judgment \nC=o54.] \nconditional judgment. A judgment whose force \ndepends on the performance ofcertain acts to be done \nin the future by one of the parties. For example, \na conditional judgment may order the sale of mort\ngaged property in a foreclosure proceeding unless \nthe mortgagor pays the amount decreed within the \ntime specified. -Also termed common order. [Cases: \nJudgment C=o229.] \nconfession of judgment. See CONFESSION OF \nJUDGMENT. \nconsentjudgment. See agreed judgment. \ncontradictory judgment. Civil law. A judgment that \nhas been given after the court has heard the parties \nmake their claims and defenses. In Louisiana, this \nterm is opposed to default judgment. Cf. contradictory \nmotion under MOTION. \ndeclaratory judgment. (1886) A binding adjudication \nthat establishes the rights and other legal relations of \nthe parties without providing for or ordering enforce\nment.  Declaratory judgments are often sought, for \nexample, by insurance companies in determining \nwhether a policy covers a given insured or periL \nAlso termed declaratory decree; declaration. [Cases: \nDeclaratory Judgment C=o 1.] \ndefault judgment. See DEFAULT JUDGMENT. \ndeferred judgment. (1896) A judgment placing a con\nvicted defendant on probation, the successful com\npletion ofwhich will prevent entry of the underlying \njudgment of conviction. This type of probation is \ncommon with minor traffic offenses. -Also termed \ndeferred adjudication; deferred-adjudication proba\ntion; deferred prosecution; probation before judgment; \nprobation without judgment; pretrial intervention; \nadjudication withheld. [Cases: Sentencing and Pun\nishment C=o2050.] \ndeficiency judgment. (1865) A judgment against \na debtor for the unpaid balance of the debt if a \n\n919 judgment \nforeclosure sale or a sale of repossessed personal \nproperty fails to yield the full amount of the debt \ndue. -Also termed deficiency decree. [Cases: Mort\ngages 559; Secured Transactions C;:::240.] \ndefinitive judgment. See final judgment. \ndeterminative judgment. See final judgment. \ndomestic judgment. A judgment rendered by the courts \nof the state or country where the judgment or its effect \nis at issue. \ndormant judgment. (lSc) A judgment that has not been \nexecuted or enforced within the statutory time limit. \n As a result, any judgment lien may have been lost \nand execution cannot be issued unless the judgment I \ncreditor first revives the judgment. See REVIVAL (1). . \n[Cases: Federal Civil Procedure C=:>2621; Judgment \nC=:>853.) \nerroneous judgment. (17c) A judgment issued by a \ncourt with jurisdiction to issue it, but containing an \nimproper application oflaw. This type ofjudgment \nis not void, but can be corrected by a trial court while \nthe court retains plenary jurisdiction, or in a direct \nappeal. Also termed judgment in error. See ERROR \n(2). \nexcess judgment. Insurance. A judgment that exceeds \nall of the defendant'"}
{"text": "error. See ERROR \n(2). \nexcess judgment. Insurance. A judgment that exceeds \nall of the defendant's insurance coverage. [Cases: \nInsurance (>2934(3), 3346, 3374.] \nexecutory judgment (eg-zek-y;Hor-ee). (ISc) A \njudgment that has not been carried out, such as a \nyet-to-be fulfilled order for the defendant to pay the \nplaintiff. \nfinal appealable judgment. See final judgment. \nfinal judgment. (ISc) A court's last action that settles \nthe rights of the parties and disposes of all issues \nin controversy, except for the award of costs (and, \nsometimes, attorney's fees) and enforcement of the \njudgment. Also termed final appealable judgment; \nfinal decision; final decree; definitive judgment; deter\nminative judgment;final appealable order. See FINAL\nJUDGMENT RULE. [Cases: Appeal and Error C=>76(1); \nCriminal Law C=,1023(2); Federal Civil Procedure \nC=:>2579; Federal Courts C=:>571.] \nforeign judgment. A decree, judgment, or order of a \ncourt in a state, country, or judicial system different \nfrom that where the judgment or its effect is at issue. \n[Cases: Judgment (>813-S32.7.] \nin personam judgment. See personal judgment. \nin rem judgment. See judgment in rem. \ninterlocutory judgment (in-tar-Iok-[y]a-tor-ee). (17c) \nAn intermediate judgment that determines a prelimi\nnary or subordinate point or plea but does not finally \ndecide the case. _ A judgment or order given on a pro\nvisional or accessory claim or contention is generally \ninterlocutory. Also termed interlocutory decree. \n[Cases: Appeal and Error C=:>68; Federal Civil Pro\ncedure C=:>257S; Federal Courts Judgment \nC=:>216.] irregular judgment. A judgment that may be set \naside because of some irregularity in the way it was \nrendered, such as a clerk's failure to send a defendant \nnotice that a default judgment has been rendered. \n[Cases: Judgment (>353.] \njudgment as a matter of law. (iS73) A judgment \nrendered during a jury trial either before or after \nthe jury's verdict against a party on a given issue \nwhen there is no legally sufficient basis for a jury to \nfind for that party on that issue . In federal practice, \nthe term judgment as a matter oflaw has replaced \nboth the directed verdict and the judgment notwith\nstanding the verdict. Fed. R. Civ. P. 50. Cf. SUMMARY \nJUDGMENT. [Cases: Federal Civil Procedure C='2111, \n2601; Judgment G-=' 199; Trial 167.] \njudgment by confession. See CONFESSION OF JUDG\nMENT. \njudgment by consent. See agreed judgment. \njudgment by default. See DEFAULT JUDGMENT. \njudgment by nil dicit. See nil-dicit default judgment \nunder DEFAULT JUDGMENT. \njudgment by non sum informatus. See NO:>! SUM INFOR\nMATUS. \njudgment for money. See money judgment. \njudgment homologating the tableau (ha-mahl-a\ngay-ting / ta-bloh or tab-loh). Civil law. A judgment \napproving a plan for distributing property ofa dece\ndent's estate. _ The distribution plan is known as the \ntableau ofdistribution. La. Code Civ. Proc. art. 3307. \nSee HOMOLOGATIOR \njudgment in error. See erroneous judgment. \njudgment in personam. See personal judgment. \njudgment in rem (in rem). (lSc) A judgment that deter\nmines the status or condition of property and that \noperates directly on the property itself.  The phrase \ndenotes a judgment that affects not only interests in \na thing but also all persons' interest in the thing. \nAlso termed in rem judgment. rCases: Judgment C=:> \nS03.] \njudgment in retraxit. See judgment ofretraxit. \njudgment inter partes. See personal judgment. \njudgment nil capiat per billa (nil kap-ee-dt par bil-a). \n(1816) Judgment that the plaintiff take nothing by the \nbill; a take-nothing judgment in a case instituted by \na bill. \njudgment nil capiat per breve (nil kap-ee-dt pdr breev \nor bree-vee). (1916) Judgment that the plaintiff take \nnothing by the writ; a take-nothing judgment in a \ncase instituted by a writ. \njudgment nisi (nI-SI). (ISc) A provisional judgment \nthat, while not final or absolute, may become final \non a party's motion. See NISI. \njudgment notwithstanding the verdict. (18c) A \njudgment entered for one party even though a \njury verdict has been rendered for the opposing \n\njudgment 920 \nparty. Also termed judgment non obstante vere\ndicto (non ahb-stan-tee ver-;J-dik-toh). Abbr. \nJNOV; judgment N.O.V. See judgment as a matter of \nlaw. [Cases: Criminal LawC=:'977(4); J;ederal Civil \nProcedure C=:' 2601-2610; Judgment C=:' 199.] \njudgment nunc pro tunc. A judgment entered on a day \nafter the time when it should have been entered, as of \nthe earlier date. Also termed decree nunc pro tunc. \nSee NUNC PRO TUI\\C. [Cases: Federal Civil Procedure \n~-.\"o..:..}; Judgment C=:'273.] \njudgment ofacquittal. (17c) A judgment, rendered on \nthe defendant's motion or court's own motion, that \nacquits the defendant of the offense charged when \nthe evidence is insufficient. Fed. R. Crim. P. 29. See \ndirected verdict under VERDICT. [Cases: Criminal Law \njudgment ofblood. See death sentence under SEN-\nTENcE. \njudgment ofcassetur billa. See CASSETUR BILLA. \njudgment ofcassetur breve. See CASSETUR BREVE. \njudgment ofconviction. (1806) 1.1be written record of \na criminal judgment, consisting of the plea, the verdict \nor findings, the adjudication, and the sentence. Fed. R. \nCrim. P. 32(d)(l). 2. A sentence in a criminal case. See \nSENTENCE. [Cases: Criminal Law C=:'990.1.] \njudgment ofdiscontinuance. 1. A judgment dismiss\ning a plaintiff's action based on interruption in the \nproceedings occasioned by the plaintiffs failure to \ncontinue the suit at the appointed time or times. 2. \nNONSUIT (1). Often shortened to discontinuance. \nSee DISCONTINUANCE. [Cases: Pretrial Procedure \n501-581.] \njudgment ofdismissal. (1809) A final determination \nof a case (against the plaintiff in a civil action or the \ngovernment in a criminal action) without a trial on \nits merits. See DISMISSAL. [Cases: Federal Civil Proce\ndure Pretrial Procedure C=:'694.j \njudgment ofnolle prosequi (nahl-ee prahs-<l-kwI). \n(1869) A judgment entered against a plaintiff who, \nafter appearance but before judgment on the merits, \nhas decided to abandon prosecution of the lawsuit. \nSee NOLLE PROSEQUI. \njudgment of nonsuit. 1. Hist. The judgment given \nagainst a plaintiff who fails to be present in court to \nhear the jury render its verdict or who, after issue is \njoined, fails to bring the issue to be tried in due time. \n-This judgment does not prevent the plaintiff from \nfiling the same case again. [Cases: Federal Civil Pro\ncedure (;::::>2116.] 2. NONSUIT (2). \njudgment ofrepleader. See REPLEADER. \njudgment ofretraxit (ri-trak-sit). Hist. A judgment \nagainst a plaintiff who has voluntarily retracted the \nclaim. -Such a judgment bars the plaintiff from reHti\ngating the claim. -Also termed judgment in retraxit. \nSee RETRAXIT. judgment on the merits. (18c) A judgment based on \nthe evidence rather than on technical or procedural \ngrounds. -Also termed decision on the merits. \njudgment on the pleadings. (18e) A judgment based \nsolely on the allegations and information contained in \nthe pleadings, and not on any outside matters. Fed. R. \nCiv. P. 12(c). Cf. SUMMARY JUDGMENT. [Cases: Federal \nCivil Procedure C=:' 1041-1068; Pleading C::= 342.] \njudgment on the verdict. (l7c) A judgment for the party \nreceiving a favorable jury verdict. \njudgment quasi in rem (kway-sI [or -ZI] in rem). (1905) \nA judgment based on the court's jurisdiction over \nthe defendant's interest in property rather than on \nits jurisdiction over the defendant or the property. \n Such a judgment affects only particular persons' \ninterests in a thing that is, only the persons who \nare named or described in the proceeding. [Cases: \nJudgment C=:'805.j \njudgment quod billa cassetur (kwod bil-;l k::l-see-tJr). \n(18c) Judgment that the bill be quashed. This is a \njudgment for the defendant. \njudgment quod breve cassetur (kwod breev or bree-vee \nb-see-t;Jr). Judgment that the writ be quashed. -Ihis \nis a judgment for the defendant. \njudgment quod computet. See QUOD COMPUTET. \njudgment quod recuperet (kwod ri-kyoo-p::lr-it). \nJudgment that the plaintiff recover. \njudgment respondeat ouster (ri-spon-dee-at ows-t;lr). \nHis!. An interlocutory judgment requiring the defen\ndant who has made a dilatory plea to give a more sub\nstantial defense. \njunior judgment. A judgment rendered or entered after \nthe rendition or entry ofanother judgment, on a dif\nferent claim, against the same defendant. \nmoney judgment. (1869) A judgment for damages \nsubject to immediate execution, as distinguished \nfrom equitable or injunctive relief. -Also termed \njudgment for money. \nnunc pro tunc judgment (nilngk proh tilngk). (1828) A \nprocedural device by which the record ofa judgment \nis amended to accord with what the judge actually \nsaid and did, so that the record will be accurate. \nThis device is often used to correct defects in real-\nestate titles. Federal Civil Procedure C::=2625; \nJudgment 326.] \npersonal judgment. (1829) 1. A judgment that imposes \npersonal liability on a defendant and that may there\nfore be satisfied out ofany ofthe defendant's property \nwithin judicial reach. 2. A judgment result from \nan action in which a court has personal jur ion \nover the parties. 3. A judgment against a person as \ndistinguished from a judgment against a thing, right, \nor status. Also termed judgment in personam (in \np;Jr-soh-n;Jm); in personam judgment;judgment inter \npartes (in-t::lf pahr-teez). \nsimulated judgment. Civil law. A judgment that, \nalthough founded on an actual debt and intended \n\n921 judicatory \nfor collection by the usual legal processes, is actually \nentered into by the parties to give one of them an \nundeserving advantage or to defraud third parties. \nstipulated judgment. See agreed judgment. \nsummary judgment. See SUMMARY JUDGMENT. \nsuspension ofjudgment. See STAY. \ntake-nothing judgment. (1938) A judgment for the \ndefendant providing that the plaintiff recover nothing \nin damages or other relief. -Also termed (in some \nstates) no cause ofaction. \nvalid judgment. 1. A judgment that will be recog\nnized by common-law states as long as it is in force \nin the state where the judgment was rendered. [Cases: \nJudgment (;:::>815.] 2. A judicial act rendered by a \ncourt having jurisdiction over the parties and over the \nsubject matter in a proceeding in which the parties \nhave had a reasonable opportunity to be heard. [Cases: \nFederal Civil Procedure (;:::)2393.] \nvoidable judgment. (17c) A judgment that, although \nseemingly valid, is defective in some material way; \nesp., a judgment that, although rendered by a court \nhaving jurisdiction, is irregular or erroneous. [Cases: \nJudgment (;::J27, 353, SOl.] \nvoid judgment. (18c) A judgment that has no legal force \nor effect, the invalidity of which may be asserted by \nany party whose rights are affected at any time and \nany place, whether directly or collaterally . From its \ninception, a void judgment continues to be absolutely \nnull. It is incapable of being confirmed, ratified, or \nentorced in any manner or to any degree. One source \nofa void judgment is the lack ofsubject-matter juris\ndiction. [Cases: Federal Civil Procedure (;::J2392; \nJudgment (;::J5-27, 346, 486.] \njudgmental immunity. See ERROR-OF-JUDGMENT RULE. \njudgment book. See judgment docket under DOCKET \n(1). \njudgment bycomparison. Patents. Allowance ofa patent \nclaim because a similar claim has been allowed before. \n lhere is no stare decisis doctrine in patent prosecu\ntions, but examiners may consider allowance ofsimilar \nclaims as a decision-making aid. \njudgment creditor. (18c) A person haVing a legal right \nto enforce execution of a judgment for a specific sum \nofmoney. \nbona fide judgment creditor. One who recovers a \njudgment without engaging in fraud or collusion. \njudgment debt. See DEBT. \njudgment debtor. (18c) A person against whom a money \njudgment has been entered but not yet satisfied. \njudgment docket. See DOCKET (1). \njudgment ex cathedra. 1. See EX CATHEDRA. 2. See \nJUDGMENT (1). \njudgment execution. 1. See EXECUTION (3)."}
{"text": "RA. 2. See \nJUDGMENT (1). \njudgment execution. 1. See EXECUTION (3). 2. See EXE\nCUTION (4). \njudgment file. See judgment docket under DOCKET (1). judgment lien. See LIEN. \njudgment non obstante veredicto. Seejudgment notwith\nstanding the verdict under JUDGMENT. \njudgment note. 1. A nonnegotiable promissory note, \nillegal in most states, containing a power of attorney \nto appear and confess judgment for a specified sum. 2. \nCOGNOVIT NOTE. \njudgment N.O.V. See judgment notwithstanding the \nverdict under JUDGMENT. \njudgment ofblood. See death sentence under SENTENCE. \njudgment ofcassetur billa. See CASSETUR BILLA. \njudgment ofcassetur breve. See CASSETUR BREVE. \njudgment ofrepleader. See REPLEADER. \njudgment-proof, adj. (18c) (Of an actual or potential \njudgment debtor) unable to satisfy a judgment for \nmoney damages because the person has no property, \ndoes not own enough property within the court's juris\ndiction to satisfy the judgment, or claims the benefit of \nstatutorily exempt property. -Also termed execution\nproof. \njudgment quod computet. See QUOD COMPUTET. \njudgment receiver. See RECEIVER. \njudgment record. See judgment docket under DOCKET \n(1). \njudgment roll. See judgment docket under DOCKET (1). \n\"As the pleadings constitute part of the record, it is indis\npensable that they be filed. In some of the codes they must \nbe filed at the institution of the action; in others, by or \nbefore the first day of the term; in others, at or before the \ntrial. They must be used in making the 'judgment roll: \nand in the practice of each State (not here conSidered) \nprocedure is provided to procure filing.\" Edwin E. Bryant, \nThe Law of Pleading Under the Codes ofCivil Procedure \n179 (2d ed. 1899). \njudgment-roll appeal. See APPEAL. \njudgment sale. See execution sale under SALE. \njudgment seat. 1. The bench on which a judge sits. 2. By \nextension, a court or tribunal. \njudgment summons. See SUMMONS. \njudicable (joo-di-b-bdl), adj. (17c) Rare. Capable of \nbeing adjudicated; triable; justiciable. -Also termed \njudiciable (joo-dish-d-bdl). \njudicare (joo-di-kair-ee), vb. [Latin] Civil law. To judge; \nto decide or determine judicially; to give judgment or \nsentence. \njudicate, vb. See ADJUDICATE. \njudicative (joo-di-kay-tiv or -kd-tiV), adj. Rare. See ADJU\nDICATIVE. \njudicator (joo-di-kay-tdr), n. (18c) A person authorized \nto act or serve as a judge. \njudicatory (joo-di-kd-tor-ee), adj. (17c) 1. Ofor relating \nto judgment. 2. Allowing a judgment to be made; giving \na decisive indication. \njudicatory (joo-di-b-tor-ee), n. (16c) 1. A court; any \ntribunal with judicial authority <a church judicatory>. \n\n2. The administration of justice <working toward a \nmore efficient judicatory>. \njudicatum solvi (joo-di-kay-t~m SOl-VI). [Latin \"that the \njudgment will be paid\"] 1. Roman law. The payment \nof the sum awarded by way of judgment. 2. Roman \nlaw. Security for the payment of the sum awarded by \nway ofjudgment. This applied when a representative \nappeared on the defendant's behalfat the trial. 3. Civil \nlaw. A court-ordered caution given by the defendant in \na maritime case. See CAUTION. \n\"Judicatum salvi .... The cautioner in such an obliga\ntion is bound in payment or fulfilment of whatever may be \ndecerned for, and he is not liberated from the obligation \nby the death of the principal debtor. It is a kind of caution \nnot infrequently required. Under the civil law this caution \nwas required of any defender who remained in posses\nsion, during the suit, of the subject which gave rise to \nthe dispute.\" John Trayner, Trayner's Latin Maxims 292-93 \n(4th ed. 1894). \njudicature (joo-di-b-ch~r). (16c) 1. The action ofjudging \nor of administering justice through duly constituted \ncourts. 2. JUDICIARY (3). 3. A judge's office, function, \nor authority. \nJudicature Acts. A series of statutes that reorganized \nthe superior courts of England in 1875. The Judica\nture Acts were superseded by the Supreme Court Act \nof 1981. \njudices (joo-di-seez). [Latin] pl. JUDEX. \njudicia (joo-dish-ee-~). [Latin] pI. JUDICIUM. \njudiciable, adj. See JUDICABLE. \njudicial (joo-dish-~l), adj. (14c) 1. Of, relating to, or by the \ncourt or a judge <judicial duty> <judicial demeanor>. \n2. In court <the witness's judicial confession>. 3. Legal \n<the Attorney General took no judicial action>. 4. Of \nor relating to a judgment <an award ofjudicial interest \nat the legal rate>. Cf. JUDICIOUS. \nquasi-judicial. See QUASI-JUDICIAL. \njudicial act. See ACT (2). \njudicial activism, n. (1949) A philosophy of judicial \ndecision-making whereby judges allow their personal \nviews about public policy, among other factors, to guide \ntheir decisions, usu. with the suggestion that adher\nents ofthis philosophy tend to find constitutional viola\ntions and are willing to ignore precedent. Cf. JUDICIAL \nRESTRAINT (3). -judicial activist, n. \n\"[I]fto resolve the dispute the court must create a new rule \nor modify an old one, that is law creation. Judges defending \nthemselves from accusations ofjudicial activism sometimes \nsay they do not make law, they only apply it. It is true that \nin our system judges are not supposed to and generally do \nnot make new law with the same freedom that legislatures \ncan and do; they are, in Oliver Wendell Holmes's phrase, \n'confined from molar to molecular motions.' The qualifica\ntion is important, but the fact remains that judges make, \nand do not just find and apply, law.\" Richard A. Posner, The \nFederal Courts: Crisis and Reform 3 (1985). \njudicial activity report. A regular report, usu. monthly \nor quarterly, on caseload and caseflow within a given \ncourt or court system. judicial administration. The process of doing justice \nthrough a system ofcourts. \njudicial admission. See ADMISSION (1). \njudicial arbitration. See ARBITRATION. \nJudicial Article. (1881) Article III of the U.S. Consti\ntution, which creates the Supreme Court, vests in \nCongress the right to create inferior courts, provides for \nlife tenure for federal judges, and specifies the powers \nand jurisdiction of the federal courts. [Cases: Federal \nCourts C=::=o4.] \njudicial assize. See ASSIZE (6). \njudicial-authority justification. See JUSTIFICATION. \njudicial bias. See BIAS. \njudicial bond. See BOND (2). \njudicial branch. (l8c) The branch ofgovernment consist\ning of the courts, whose function is to ensure justice \nby interpreting, applying, and generally administer\ning the laws; JUDICIARY (1). Cf. LEGISLATIVE BRANCH; \nEXECUTIVE BRANCH. [Cases: Constitutional Law \n2450-2609.] \njudicial bypass. (1977) A procedure permitting a person \nto obtain a court's approval for an act that would ordi\nnarily require the approval of someone else, such as \na law that requires a minor to notify a parent before \nobtaining an abortion but allows an appropriately \nqualified minor to obtain a court order permitting the \nabortion without parental notice. [Cases: Abortion and \nBirth Control C=::=o 116.] \njudicial-bypass provision. Family law. 1. A statutory \nprovision that allows a court to assume a parental role \nwhen the parent or guardian cannot or will not act on \nbehalf of a minor or an incompetent. 2. A statutory \nprovision that allows a minor to circumvent the neces\nsity ofobtaining parental consent by obtaining judicial \nconsent. [Cases: Abortion and Birth Control C=::=o 116.] \njudicial cognizance. See JUDICIAL NOTICE. \njudicial combat. See TRIAL BY COMBAT. \njudicial comity. See COMITY. \nJudicial Committee of the Privy Council. A United \nKingdom tribunal, created in 1833, with jurisdiction to \nhear certain admiralty and ecclesiastical appeals, and \ncertain appeals from the Commonwealth . From the \n16th century until the 19th, the Court ofDelegates was \nthe final court of appeal in England for ecclesiastical \nsuits. During the reign ofWilliam IV, the power to hear \nfinal appeals was transferred to the Privy Council, and \nthen to the Judicial Committee of the Privy Council. \nThe committee consists entirely oflay people; ecclesi\nastics become members of the court only if an appeal \nis brought under the Church Discipline Act. Even then \nthe ecclesiastics must be episcopal privy counselors. \nThe Judicial Committee's decisions are not treated as \nbinding precedent in the United Kingdom, but they are \ninfluential because ofthe overlapping composition of \nmembers ofthe Privy Council and the House ofLords \n\n923 \nin its judicial capacity. Also termed Court ofFinal \nAppeal. \njudicial compensation. 1. The remuneration that judges \nreceive for their work. [Cases: Judges 922.]2. Civil \nlaw. A court's judgment finding that two parties \nare mutually obligated to one another and crafting \nthe amount of the judgment in accordance with the \namount that each party owes. - A claim for compensa\ntion is usu. contained in a reconventional demand. La. \nCode Civ. Proc. 1902. See reconventional demand under \nDEMAND (1). [Cases: Set-off and Counterclaim 98.] \nJudicial Conference ofthe United States. The policy\nmaking body of the federal judiciary, responsible for \nsurveying the business of the federal courts, making \nrecommendations to Congress on matters affecting \nthe judiciary, and supervising the work ofthe Admin\nistrative Office of the United States Courts. -The \nConference was originally established in 1923 as the \nConference of Senior Circuit Judges. 28 USCA  33l. \nSee ADMINISTRATIVE OFFICE OF THE UNITED STATES \nCOURTS. \nJudicial confession. See CONFESSION. \njudicial contempt. See CONTEMPT (2). \njudicial control. Civil law. A doctrine by which a court \ncan deny cancellation of a lease if the lessee's breach is \nof minor importance, is not caused by the lessee, or is \nbased on a good-faith mistake offact. [Cases: Landlord \nand Tenant 934.] \njudicial council. (1925) A regularly assembled group \nofjudges whose mission is to increase the efficiency \nand effectiveness ofthe courts on which they sit; esp., a \nsemiannual assembly of a federal circuit's judges called \nby the circuit's chief judge. 28 USCA  332. \njudicial day. See juridical day under DAY. \njudicial declaration. See DECLARATION (1). \njudicial dictum. See DICTUM. \njudicial discretion. See DISCRETION (4). \njudicial document. A court-filed paper that is subject \nto the right of public access because it is or has been \nboth relevant to the judicial function and useful in \nthe judicial process. See Lugosch v. Pyramid Co. of \nOnandaga, 435 F.3d llO, 119 (2d Cir. 2006). \njudicial economy. (1942) EffiCiency in the operation of \nthe courts and the judicial system; esp., the efficient \nmanagement oflitigation so as to minimize duplica\ntion ofeffort and to avoid wasting the judiciary's time \nand resources. _ A court can enter a variety of orders \nto promote judicial economy. For instance, a court may \nconsolidate two cases for trial to save the court and the \nparties from haVing two trials, or it may order a separate \ntrial on certain issues if doing so would provide the \nopportunity to avoid a later trial that would be more \ncomplex and time-consuming. \njudicial-economy exception. (1981) An exemption from \nthe final-judgment rule, by which a party may seek \nimmediate appellate review ofa nonfinal order ifdoing \nso might establish a final or nearly final disposition Judicial Panel on Multidistrict Litigation \nof the entire suit. See FINAL-JUDGMENT RULE. [Cases: \nAppeal and Error 968; Federal Courts C=>572.J \njudicial estoppel. See ESTOPPEL. \njudicial evideuce. See EVIDENCE. \njudicial fact. See judicially noticed fact under FACT. \njudicial factor. See FACTOR. \njudicial foreclosure. See FORECLOSURE. \njudicial immunity. See IMMUNITY (1). \njudicial insurance. See INSURANCE. \njudicialize, vb. 1. To pattern (procedures, etc.) after a \ncourt oflaw <these administrative hearings have been \njudicialized>. 2. To bring (something not traditionally \nwithin the judicial system) into the judicial system \n<political questions are gradually becoming judicial\nized>. judicialization, n. \njudicial jurisdiction. See JURISDICTION. \njudicial knowledge. See JUDICIAL NOTICE. \njudicial law. See JUDGE-MADE LAW. \njudicial legislation. 1. See JUDGE-MADE LAW (2). 2. See \nLEGISLATION. \njudicial lien. See LIEN. \njudicially created double patenting. See DOUBLE PAT\nENTING. \njudicially created"}
{"text": ". See LIEN. \njudicially created double patenting. See DOUBLE PAT\nENTING. \njudicially created double-patenting rejection. See \nREJECTION. \njudicial morsel. See ordeal ofthe morsel under ORDEAL. \njudicial mortgage. See MORTGAGE. \njudicial notice. (17c) A court's acceptance, for purposes \nof convenience and without requiring a party's proof, of \na well-known and indisputable fact; the court's power \nto accept such a fact <the trial court took judicial notice \nof the fact that water freezes at 32 degrees Fahrenheit>. \nFed R. Evid. 201. -Also termed judicial cognizance; \njudicial knowledge. See judicially noticed fact under \nFACT. [Cases: Criminal Law 9304; Evidence \n1-52.] \njudicial notice ofprior art. Patents. Acknowledgment \nby the U.S. Patent and Trademark Office of all materi\nals in its possession as prior art, for settling questions \nof novelty and priority. _ Patents, applications, and \nrecords of interferences and appeals may be submit\nted by citation alone. \n;udiciallynoticed fact. See FACT. \njudicial oath. See OATH. \njudicial officer. See OFFICER (1). \njudicial opinion. See OPINION (1). \njudicial order. See ORDER (2). \nJudicial Panel on Multidistrict Litigation. A panel of \nfederal judges responsible for transferring civil actions \nhaving common questions of fact from one district \ncourt to another to consolidate pretrial proceedings. \n_ The panel was created in 1968. The Chief Justice \n\n924 judicial power \nappoints its members. 2S USCA  1407. -Abbr. JPML. \n[Cases: Federal Courts C:=> 151-157.] \njudicial power. (16c) 1. The authority vested in courts \nand judges to hear and decide cases and to make \nbinding judgments on them; the power to construe \nand apply the law when controversies arise over what \nhas been done or not done under it.  Under federal \nlaw, this power is vested in the U.S. Supreme Court and \nin whatever inferior courts Congress establishes. The \nother two great powers ofgovernment are the legislative \npower and the executive power. [Cases: Constitutional \nLaw C:=>2450-2609; Federal Courts C:=> 1.1; Judges C:=> \n24.] 2. A power conferred on a public officer involving \nthe exercise ofjudgment and discretion in deciding \nquestions of right in specific cases affecting personal \nand proprietary interests . In this sense, the phrase is \ncontrasted with ministerial power. \njudicial privilege. 1. See PRIVILEGE (1). 2. See litigation \nprivilege under PRIVILEGE (1). \njudicial proceeding. See PROCEEDING. \njudicial-proceedings privilege. See litigation privilege \nunder PRIVILEGE (1). \njudicial process. See PROCESS. \njudicial question. (lSc) A question that is proper for \ndetermination by the courts, as opposed to a moot \nquestion or one properly decided by the executive or \nlegislative branch. Cf. POLITICAL QUESTION. \njudicial record. See DOCKET (1). \njudicial remedy. See REMEDY. \njudicial restraint. (1Sc) 1. A restraint imposed by a court, \nas by a restraining order, injunction, or judgment. 2. \nThe principle that, when a court can resolve a case \nbased on a particular issue, it should do so, without \nreaching unnecessary issues. [Cases: Appeal and Error \nC:=>S43; Federal Courts C:=>756.] 3. A philosophy of \njudicial decision-making whereby judges avoid indulg\ning their personal beliefs about the public good and \ninstead try merely to interpret the law as legislated and \naccording to precedent. -Also termed (in senses 2 & \n3) judicial self-restraint. Cf. JUDICIAL ACTIVISM. \njudicial review. (lS51) 1. A court's power to review the \nactions ofother branches or levels ofgovernment; esp., \nthe courts' power to invalidate legislative and executive \nactions as being unconstitutional. 2. The constitutional \ndoctrine providing for this power. 3. A court's review \nof a lower court's or an administrative body's factual \nor legal findings. [Cases: Administrative Law and Pro\ncedure C:=>651-S21.] \nde novo judicial review. (1955) A court's non deferential \nreview of an administrative decision, usu. through a \nreview of the administrative record plus any addi\ntional evidence the parties present. -Also termed \nde novo review. [Cases: Administrative Law and Pro\ncedure C:=>744.] \nplenary review. Appellate review by all the members \nofa court rather than a panel. \njudicial robe. See ROBE (1). judicial sale. See SALE. \njudicial self-restraint. 1. See JUDICIAL RESTRAINT (2). \n2. See JUDICIAL RESTRAINT (3). \njudicial separation. 1. See SEPARATION (1). 2. See SEP\nARATION (2). 3. See divorce a mensa et thoro under \nDIVORCE. \njudicial sequestration. See SEQUESTRATION. \njudicial settlement. See SETTLEMENT (2). \njudicial stacking. See STACKING. \njudicial-tenure commission. A commission that reviews \ncomplaints against judges, investigates those com\nplaints, and makes recommendations about appropri\nate measures to the highest court in the jurisdiction. \n[Cases: Judges C:=> 11.] \njudicial trustee. See TRUSTEE (1). \njudicial writ. See WRIT. \njudicia populi (joo-dish-ee-<) pop-y<}-lr). [Latin] Roman \nlaw. The criminal jurisdiction of the comitia. See \nCOMITIA. \njudicia publica (joo-dish-ee-<) pab-li-b). [Latin] Roman \nlaw. The jurisdiction ofthe quaestiones perpetuae. See \nQUAESTIO PERPETUA. \njudiciary (joo-dish-ee-er-ee or joo-dish-<}-ree), n. (ISc) \n1. The branch of government responsible for inter\npreting the laws and administering justice. Cf. EXEC\nUTIVE (1); LEGISLATURE. [Cases: Constitutional Law \nC:=>2450-2609; Judges C:=> 1.]2. A system ofcourts. 3. \nA body ofjudges. -Also termed (in sense 3) judica\nture. -judiciary, adj. \njudicia summaria (joo-dish-ee-<) s<}-mair-ee-<}). [Law \nLatin \"summary proceedings\"] Scots law. Actions that \ncan be summarily disposed of. \njudicio de amparo. See AMPARO. \njudicio sisti (joo-dish-ee-oh Sis-tI). [Latin \"to be present \nin court\"] 1. Roman law. Appearance in court. 2. \nRoman law. Security for appearance in court; VADI\nMONIUM. 3. Scots law. A type of caution requiring a \nclaimant or the principal debtor to appear in court \nwhenever the opponent demanded it. This type of \ncaution was used in some criminal cases and in cases \ninvolving defendants who were foreigners or posed a \nflight risk. See CAUTION. \njudicious (joo-dish-<}s), adj. (16c) Well-considered; \ndiscreet; wisely circumspect <the court's judicious \napplication of the rules of evidence>. Cf. JUDICIAL. \njudiciousness, n. \njudicium (joo-dish-ee-<}m), n. [Latin] Hist. 1. A \njudgment. 2. A judicial proceeding; a trial. 3. A court \nor tribunal.  In Roman law, the plural judiCia refers \nto criminal courts. PI. judicia. \njudicium capitale (kap-i-tay-Iee). [Latin] Hist. A \njudgment ofdeath; a capital sentence. \njudicium parium (par-ee-<}m). [Latin] Hist. A judgment \nof one's peers; a jury trial or verdict. \n\n925 \njudicium publicum (pab-li-kam). [Latin \"public trial\"] \nA criminal proceeding under a public statute. _ The \nterm derived from the Roman rule allowing any \nmember of the public to initiate a prosecution. See \nCOMITIA. \n\"Judicium publicum may have originally meant trial by or \nbefore the actual popular assembly, though it is doubtful \nwhether the phrase existed at all before the 'people' had \ncome to be replaced by quaestores. There is much to be \nsaid, in spite ofJustinian's explanation [lnst. 4.18.1], for the \nview that these criminal trials were called 'public' as being \n'of public interest: because, to use Blackstone's words, \ntheir subject-matter affects the whole community.\" 2 E.C. \nClark, History ofRoman Private Law  10, at 441 (1914). \njudicium Dei (joo-dish-ee-am dee-I). Hist. God's \nsupposed judgment on the merits of the case, made \nmanifest by the outcome of an observable event. _ \nExamples dating from Norman times were the trial \nby combat and the ordeal. See ORDEAL; TRIAL BY \nCOMBAT. \njudicium ecclesiasticum. See FORUM ECCLESIASTICUM. \njudicium parium. See JUDICIUM. \njudicium publica. See JUDICIUM. \njudicum rejectio (joo-di-bm ri-jek-shee-oh). [Latin] \nRoman law. A litigant's right to exercise peremptory \nchallenges against a judge or a certain number of \njurors. \njudicum sortitio (joo-di-kdm sor-tish-ee-oh). [Latin] \nRoman law. The practice ofchoosing jurors by drawing \nfrom an urn the names of eligible participants. -The \nEnglish word sortition (meaning \"the drawing or \ncasting of!ots\") derives from the Latin sortitio. \njudicum subsortitio (joo-di-kam sab-sor-tish-ee-oh). \n[Latin] Roman law. The practice of chOOSing supple\nmental jurors (when necessary after peremptory chal\nlenges have been exercised) by draWing from an urn \nthe names ofeligible participants. \njuge (zhoozh), n. [French] French law. A judge. \njuge de paix (zhoozh da pe or pay). An inferior judge; \nesp., a police magistrate. \njuge d'instruction (zhoozh dan-strook-syawn). A mag\nistrate who conducts preliminary criminal proceed\nings, as by taking complaints, interrogating parties \nand witnesses, and formulating charges. \njuicio (hwee-syoh). Spanish law. 1. A trial or suit; litiga\ntion. 2. Wisdom; prudence. 3. The capacity to distin\nguish right from wrong and truth from falsehood. \njuise (jUU-IZ) Hist. 1. A judgment, sentence, or penalty. \n2. By extension, the instrument of punishment, esp. \na gibbet. \nJulian calendar. See OLD STYLE. \njumbo certificate. A certificate ofdeposit of$100,000 or \nmore. -Also termed jumbo. \njumbo mortgage. See MORTGAGE. \njump bail, vb. (1889) (Ofan accused) to fail to appear in \ncourt at the appointed time after promising to appear jura \nand posting a bail bond. -Also termed skip bail. See \nBAIL-JUMPING. (Cases: Bail ~97.1 \njump citation. See pinpoint citation under CITATION \n(3). \njumping a claim. Hist. The act of taking possession of \npublic land to which another has previously acquired \na claim. _ The first occupant has the right to the land \nboth under squatter law and custom and under pre\nemption laws ofthe United States. \nJunian Latin, n. See LATINI JUNIANI. \njunior, adj. (13c) Lower in rank or standing; subordinate \n<a junior interest>. \njunior bond. See BOND (3). \njunior counsel. See COUNSEL. \njunior creditor. See CREDITOR. \njunior debt. See subordinate debt under DEBT. \njunior execution. See EXECUTION. \njunior interest. See INTEREST (2). \njunior jndgment. See JUDGMENT. \njunior lien. See LIEN. \njunior mortgage. See MORTGAGE. \njunior partner. See PARTNER. \njunior party. Patents. In an interference proceeding, the \nparty or parties who did not file the patent application \nfirst. - A junior party has the burden of proving that \nhe or she is the first inventor. Cf. SENIOR PARTY. [Cases: \nPatents ~106(1).] \njunior security. See SECURITY. \njunior user. Trademarks. A person other than the first \nperson to use a trademark. - A junior user may be per\nmitted to continue using a mark in areas where the \nsenior user's mark is not used, if the junior user did \nnot know about the other user, and was the first user \nto register the mark. Also termed second user; late\ncomer. See INNOCENT JUNIOR USER. Cf. SENIOR USER. \n[Cases: Trademarks~1l37.] \ninnocent junior user. Trademarks. A person who, \nwithout actual or constructive knowledge, uses a \ntrademark that has previously been used in a geo\ngraphically distant market, and who may continue to \nuse the trademark in a limited geographic area as long \nas the senior user does not use the mark there. \njunior writ. See WRIT. \njunk asset. See troubled asset under ASSET. \njunk bond. See BOND (3). \njura (joor-;, n. pl. [Latin] Rights. See IUS. \njura fiscalia (fis-kay-Iee-a). Hist. Fiscal rights; rights \nof the Exchequer. \njurafixa (joor-a fik-S;l). Hist. Immovable rights. \njura in personam. A right to enforce a particu\nlar person'"}
{"text": "-S;l). Hist. Immovable rights. \njura in personam. A right to enforce a particu\nlar person's obligation to another. See IUS IN \nPERSONAM. \njura in rem. See JUS IN RE. \n\njural 926 \njura majestatis (maj-a-stay-tis). Hist. Rights ofsover\neignty or majesty. \njura mixti dominii (miks-tI d;;-min-ee-I). Hist. Rights \nof mixed dominion; the king's or queen's right or \npower ofjurisdiction. \njura personarum (p;;r-sa-nair-;;m). Rights ofpersons. \nSee JUS PERSONARUM. \njura praediorum (pree-dee-or-am). Hist. The rights \nof estates. \njura regalia (ri-gay-Iee-a). Hist. Royal rights; the pre\nrogatives of the Crown. See REGALIA (1). \njura rerum (reer-am). Rights ofthings. See JUS RERUM. \njura summi imperii (sam-l im-peer-ee-I). Hist. Rights \nofsupreme dominion; rights of sovereignty. \njural Ooor-aI), adj. (17c) 1. Ofor relating to law or juris\nprudence; legal <jural and equitable rules>. 2. Of or \nrelating to rights and obligations <jural relations>. \njural act. See ACT. \njural activity. See jural act under ACT. \njural agent. (2004) An official -someone who has the \nappropriate authoritative status in society to enforce \nor affect the society's legal system -who engages in a \njural act.  Common examples include judges, legisla\ntors, and police officers acting in their official capaci\nties. See jural act under ACT. \njural cause. See proximate cause under CAUSE (1). \njura majestatis. See JURA. \njuramentum (joor-a-men-tam), n. [Latin] Civil law. An \noath. PI. juramenta (joor-a-men-ta). \njuramentum calumniae (k;;-Iam-nee-ee). An oath of \ncalumny. See oath ofcalumny under OATH. \njuramentum corporalis (kor-pa-ray-lis). A corporal \noath. See corporal oath under OATH. \njuramentum in litem (in II-tern or -tam). An oath in \nlitem. See oath in litem under OATH. \njuramentum judiciale (joo-dish-ee-ay-lee). An oath \nby which the judge defers the decision of the case to \neither ofthe parties. \njuramentum necessarium (nes-a-sair-ee-;lm). A neces\nsary or compulsory oath. \njuramentum voluntarium (vol-an-tair-ee-am). A vol\nuntaryoath. \njura mixti dominii. See JURA. \njurant (joor-;;nt), n. Archaic. One who takes an oath. \njurant, n. \njura personarum. See JURA. \njura praediorum. See JURA. \njura regalia. See JURA. \njura rerum. See JURA. \njura summi imperii. See JURA. \njurat (joor-at). (18c) 1. [fr. Latin jurare \"to swear\"] A \ncertification added to an affidavit or deposition stating when and before what authority the affidavit or depo\nsition was made . A jurat typically says \"Subscribed \nand sworn to before me this __ day of [month}, \n[year],\" and the officer (usu. a notary public) thereby \ncertifies three things: (1) that the person signing the \ndocument did so in the officer's presence, (2) that the \nsigner appeared before the officer on the date indicated, \nand (3) that the officer administered an oath or affirma\ntion to the signer, who swore to or affirmed the contents \nofthe document. -Also termed jurata. Cf. VERIFICA\nTION. [Cases: Affidavits C=::> 12.] \nwitness jurat. A subscribing witness's certificate \nacknowledging the act ofwitnessing . Even though \nthis certificate is technically an acknowledgment and \nnot a true jurat, the phrase witness jurat is commonly \nused. See ACKNOWLEDGMENT. \n2. [fro Latinjuratus \"one sworn\"] In France and the \nChannel Islands, a municipal officer or magistrate. \njurata (juu-ray-t;;), n. 1. Hist. A jury of 12 persons; esp., \na jury existing at common law. 2. JURAT (1). \njuration (juu-ray-shan). Archaic. 1. The act ofadminis\ntering an oath. 2. The act ofswearing on oath. \njurative. See JeRATORY. \njurator Ouu-ray-t;;r). Archaic. See JUROR. \njuratorial (joor-;;-toh-ri-;ll) adj. Of or pertaining to a \njury. \njuratory (joor-a-tor-ee), adj. Of, relating to, or contain\ning an oath. -Also termed jurative. \njuratory caution. 1. Maritime law. A court's permission \nfor an indigent to disregard filing fees and court costs. \n A suit upon a juratory caution is the equivalent ofa \nsuit in forma pauperis. The right was first recognized in \nUnited States admiralty courts in Bradford V. Bradford, \n3 F. Cas. 1129 (1878). See IN FORMA PAUPERIS. [Cases: \nAdmiralty C=::> 123.] 2. Scots law. A security given on \noath, such as a bond. \njure (joor-ee), adv. [Latin]!. By right; in right. 2. By law. \nSee DE JURE. \njure accessionis (joor-ee ak-sesh-ee-oh-nis). By the law \nof natural accession . For example, the fruits of trees \non one's land are one's property jure accession is. \njure accretionis (;;-kree-shee-oh-nis). By right ofaccre\ntion. \njure belli (bel-I). By the right or law of war. \njure civili (s;)-vI-h). By the civil law. \njure coronae (ka-roh-nee). In right ofthe Crown. \njure devolution is (dev-;l-loo-shee-oh-nis). By right of \ndevolution. \njure divino (di-Vl-noh). By divine right. \njure ecclesiae (e-klee-z[hlee-ee). By right ofthe church. \njure gentium (jen-shee-;lm). By the law of nations. \njure officii (a-fish-ee-I). By right ofoffice. \njure proprietatis (pra-pn-;)-tay-tis). By right of \nproperty. \n\n927 \njure proprio (proh-pree-oh). By one's own proper \nright. \njure repraesentationis (rep-r,,-zen-tay-shee-oh-nis). \nBy right of representation; in the right of another \nperson. \njure sanguinis (sang-gwi-nis). By right ofblood. \njure uxoris (<lk-sor-is). In right ofa wife. \njure gestionis (joor-ee jes-chee-oh-nis), n. [Latin \"by way \nofdoing business\"] A nation's acts that are essentially \ncommercial or private, in contrast to its public or gov\nernmental acts. _ Under the Foreign Sovereign Immu\nnities Act, a foreign country's immunity is limited to \nclaims involVing its public acts. The statutory immunity \ndoes not extend to claims arising from the private or \ncommercial acts ofa foreign state. 28 USCA  1605. Cf. \nJURE IMPERII. See COMMERCIAL-ACTIVITY EXCEPTION; \nRESTRICTIVE PRINCIPLE OF SOVEREIGN IMMUNITY. \njure imperii (joor-ee im-peer-ee-I), n. [Latin \"by right \nof sovereignty\"] The public acts that a nation under\ntakes as a sovereign state, for which the sovereign is \nusu. immune from suit or liability in a foreign country. \nCf. JURE GESTIONIS; COMMERCIAL-ACTIVITY EXCEPTION. \nSee RESTRICTIVE PRINCIPLE OF SOVEREIGN IMMUNITY. \njure naturae. 1. See EX JURE NATURAE. 2. See NATURAL \nLAW. \njuridical (juu-rid-i-k<ll), adj. (16c) L Of or relating to \njudicial proceedings or to the administration ofjustice. \n2. Ofor relating to law; legal. Also termed juridic. \nCf. NONJURIDICAL. \njuridical act. See ACT. \njuridical day. See DAY. \njuridical double taxation. See double taxation (3) under \nTAXATION. \njuridical link. (1947) A legal relationship between \nmembers of a group, such as those in a potential class \naction, sufficient to make a single suit more efficient or \neffective than multiple suits. Also termed juridical \nrelationship. [Cases: Federal Civil Procedure (;:::::: 165; \nParties (';:;:'35.13.] \njuridical person. See artificial person under PERSON \n(3) \njurimetrics (joor-;;l-me-triks), n. (1949) The use of sci\nentific or empirical methods, including measurement, \nin the study or analysis oflega! matters. -jurimetri\ndan (joor-a-me-trish-<ln), jurimetricist (joor-;;l-me\ntr,,-sist), n. \n\"A variety of contextual frames of reference have been \nemployed by commentators to explain and clarify the \nbasis for judicial decision-making. the most fundamental \naspect of the judge's job. These range from exploration of \nthe judge's personality to the employment of small group \ntheory, game theory and Guttman scaling to measure and \napprehend the nature ofjudicial decision-making. Indeed, \nthe disciplined effort to identify with mathematical pre\ncision the decision process has been dubiously termed \n'jurimetrics,''' Alexander B. Smith & Abraham S. Blumberg, \n\"The Problem of Objectivity,\" in 2 Crime and Justice 485-86 \n(1971). jurisdiction \njuris (joor-is), adj. [Latin]!. Oflaw. 2. Ofright. \njuris divini (di-vI-m). Roman law. Of divine right; \nsubject to divine law. -The phrase appeared in refer\nence to churches or to religiOUS items that could not \nbe privately sold. \njuris positivii. Ofpositive law. \njuris privati (pri-vay-tI). Ofprivate right; relating to \nprivate property or private law. \njuris publici (p~b-li-Sl). Of public right; relating to \ncommon or public use, or to public law. \njuriscenter (joor-;;l-sen-t<lr or joor-;;l-sen-t\"r), n. Conflict \noflaws. The jurisdiction that is most appropriately con\nsidered a couple's domestic center ofgravity for matri\nmonial purposes. [Cases: Divorce <>:::2; Marriage \n3.] \njurisconsult (joor-is-kon-s<llt or -k;m-s~lt). One who is \nlearned in the law, esp. in civil or international law; \nJURIST. \njurisdictio contentiosa (joor-is-dik-shee-oh k<'ln-ten\nshee-oh-s3). [Latin] Roman law. Contentious as opposed \nto voluntary jurisdiction. See contentious jurisdiction \n(1) under JURISDICTION. \njurisdictio emanata (joor-is-dik-shee-oh em-a-nay-t<l). \n[Law Latin \"a jurisdiction emanating from the court\"] \nHist. A court's inherent jurisdiction, esp. to punish a \ncontemner. See CONTEMNER. \njurisdictio in consentientes (joor-is-dik-shee-oh in k<ln\nsen-shee-en-teez). [Law Latin \"jurisdiction over parties \nby virtue oftheir consent\"] Scots law. Consensual juris\ndiction. See consent jurisdiction under JURISDICTION. \njurisdiction, n. (14c) 1. A government's general power \nto exercise authority over all persons and things within \nits territory; esp., a state's power to create interests that \nwill be recognized under common-law principles as \nvalid in other states <New Jersey's jurisdiction>. [Cases: \nStates C=>1.] 2. A court's power to decide a case or issue \na decree <the constitutional grant of federal-question \njurisdiction>. -Also termed (in sense 2) competent \njurisdiction.; (in both senses) coram judice. [Cases: \nCourts C-=>3; Federal Courts C=>3.1, 161.] \n\"Rules of jurisdiction in a sense speak from a position \noutside the court system and prescribe the authority of \nthe courts within the system. They are to a large extent \nconstitutional rules. The provisions of the U.S. Constitution \nspecify the outer limits of the subject-matter jurisdiction \nof the federal courts and authorize Congress, within those \nlimits, to establish by statute the organization and jurisdic \ntion of the federal courts. Thus, Article III of the Consti\ntution defines the judicial power of the United States to \ninclude cases arising under federal law and cases between \nparties of diverse state citizenship as well as other catego\nries. The U.S. Constitution, particularly the Due Process \nClause, also establishes limits on the jurisdiction of the \nstate courts. These due process limitations traditionally \noperate in two areas: jurisdiction of the subject matter \nand jurisdiction over persons. Within each state, the court \nsystem is established by state constitutional provisions or \nby a combination of such provisions and implementing leg\nislation, which together define the authority of the various \ncourts Within the system.\" Fleming James Jr., Geoffrey C. \nHazard Jr. & John leubsdorf. Civil Procedure  2.1, at 55 \n(5th ed. 2001). \n\njurisdiction 928 \n3. A geographic area within which political or judicial \nauthority may be exercised <the accused fled to another \njurisdiction>. 4. A political or judicial subdivision \nwithin such"}
{"text": "be exercised <the accused fled to another \njurisdiction>. 4. A political or judicial subdivision \nwithin such an area <other jurisdictions have decided \nthe issue differently>. Cf. VENUE. -jurisdictional, \nadj. \nagency jurisdiction. The regulatory or adjudicative \npower of a government administrative agency over \na subject matter or matters. [Cases: Administrative \nLaw and Procedure ~303, 447.] \nancillary jurisdiction. (1835) A court's jurisdiction to \nadjudicate claims and proceedings related to a claim \nthat is properly before the court.  For example, ifa \nplaintiff brings a lawsuit in federal court based on a \nfederal question (such as a claim under Title VII), \nthe defendant may assert a counterclaim over which \nthe court would not otherwise have jurisdiction (such \nas a state-law claim of stealing company property). \nThe concept ofancillary jurisdiction has now been \ncodified, along with the concept of pendent juris\ndiction, in the supplemental-jurisdiction statute. \n28 USCA  1367. See supplemental jurisdiction. Cf. \npendent jurisdiction. [Cases: Admiralty ~1(3); \nCourts ~27, 201; Equity ~35; Federal Courts \n~20.] \nanomalous jurisdiction. (1864) 1. Jurisdiction that is \nnot granted to a court by statute, but that is inherent \nin the court's authority to govern lawyers and other \nofficers ofthe court, such as the power to issue a prein\ndictment order suppressing illegally seized property. \n[Cases: Criminal Law ~394.5(1); Federal Courts \n~7;Searches and Seizures ~84.] 2. An appellate \ncourt's provisional jurisdiction to review the denial \nofa motion to intervene in a lower-court case, so that \nif the court finds that the denial was correct, then \nits jurisdiction disappears -and it must dismiss the \nappeal for want ofjurisdiction -because an order \ndenying a motion to intervene is not a final, appeal\nable order. See ANOMALOUS-JURISDICTION RULE. \n[Cases: Federal Courts ~555.] \nappellate jurisdiction. (18c) The power of a court to \nreview and revise a lower court's decision. For \nexample, U.S. Const. art. III,  2 vests appellate \njurisdiction in the Supreme Court, while 28 USCA \n 1291-1295 grant appellate jurisdiction to lower \nfederal courts of appeals. Cf. original jurisdiction. \n[Cases: Appeal and Error ~17; Courts ~203-209; \nFederal Courts ~541.] \narising-in jurisdiction. A bankruptcy court's juris\ndiction over issues relating to the administration of \nthe bankruptcy estate, and matters that occur only \nin a bankruptcy case. 28 USCA  157, 1334. [Cases: \nBankruptcy ~2043-2063.] \nassistant jurisdiction. The incidental aid provided by \nan equity court to a court oflaw when justice requires \nboth legal and equitable processes and remedies. \nAlso termed auxiliary jurisdiction. common-law jurisdiction. 1. A place where the legal \nsystem derives fundamentally from the English \ncommon-law system <England, the United States, \nAustralia, and other common-law jurisdictions>. 2. \nA court's jurisdiction to try such cases as were cogni\nzable under the English common law <in the absence \nofa controlling statute, the court exercised common\nlaw jurisdiction over those claims>. \ncomplete jurisdiction. A court's power to decide \nmatters presented to it and to enforce its decisions. \n[Cases: Admiralty ~5(3); Courts ~1; Equity ~ \n39.] \nconcurrent jurisdiction. (l7c) 1. Jurisdiction that might \nbe exercised simultaneously by more than one court \nover the same subject matter and within the same ter\nritory, a litigant having the right to choose the court \nin which to file the action. [Cases: Admiralty ~1(1); \nCourts ~472,489, 510; Federal Courts ~1131.] 2. \nJurisdiction shared by two or more states, esp. over \nthe physical boundaries (such as rivers or other bodies \nofwater) between them. -Also termed coordinate \njurisdiction; overlapping jurisdiction. Cf. exclusive \njurisdiction. \n\"In several cases, two States divided by a river exercise \nconcurrent jurisdiction over the river, no matter where the \ninterstate boundary may be; in some cases by the Ordi \nnance of 1787 for organizing Territories northwest of the \nOhio River, in some cases by Acts of Congress organizing \nTerritories or admitting States, and in some cases byagree\nments between the States concerned.\" 1Joseph H. Beale, A \nTreatise on the Conflict of Laws  44.3, at 279 (1935). \nconsent jurisdiction. (1855) Jurisdiction that parties \nhave agreed to, either by accord, by contract, or by \ngeneral appearance . Parties may not, by agreement, \nconfer subject-matter jurisdiction on a federal court \nthat would not otherwise have it. [Cases: Courts ~ \n22.] \ncontentious jurisdiction. 1. A court's jurisdiction \nexercised over disputed matters. 2. Eccles. law. The \nbranch ofecclesiastical-court jurisdiction that deals \nwith contested proceedings. \ncontinuing jurisdiction. (1855) A court's power to \nretain jurisdiction over a matter after entering a \njudgment, allowing the court to modify its previous \nrulings or orders. See CONTINUING-JURISDICTION \nDOCTRINE. [Cases: Courts ~30; Federal Courts \n~26.1.] \ncoordinate jurisdiction. See concurrent jurisdiction. \ncriminal jurisdiction. (16c) A court's power to hear \ncriminal cases. [Cases: Criminal Law ~83.] \ndefault jurisdiction. Family law. In a child-custody \nmatter, jurisdiction conferred when it is in the best \ninterests of the child and either (1) there is no other \nbasis for jurisdiction under the Uniform Child \nCustody Jurisdiction Act or the Parental Kidnap\nping Prevention Act, or (2) when another state has \ndeclined jurisdiction in favor ofdefault jurisdiction. \n Jurisdiction is rarely based on default because either \nhome-state jurisdiction or significant-connection \n\n929 jurisdiction \njurisdiction almost always applies, or else emergency \njurisdiction is invoked. Default jurisdiction arises \nonly if none of those three applies, or a state with \njurisdiction on any ofthose bases declines to exercise \nit and default jurisdiction serves the best interests of \nthe child. [Cases: Child Custody C=>730, 731.] \ndelinquency jurisdiction. The power of the court to \nhear matters regarding juvenile acts that, ifcommit\nted by an adult, would be criminaL Cf. status-offense \njurisdiction. [Cases: Infants'C=> 196.] \ndiversity jurisdiction. (1927) A federal court's exercise \nof authority over a case involving parties who are \ncitizens ofdifferent states and an amount in contro\nversy greater than a statutory minimum. 28 USCA \n 1332. See DIVERSITY OF CITIZENSHIP; AMOUNT IN \nCONTROVERSY. [Cases: Federal Courts (;::::281-360.] \nemergency jurisdiction. Family law. A court's ability to \ntake jurisdiction of a child who is phYSically present in \nthe state when that child has been abandoned or when \nnecessary to protect the child from abuse. -Section \n3(a)(3) of the Uniform Child Custody Jurisdiction Act \nallows for emergency jurisdiction. It is usu. tempo\nrary, lasting only as long as is necessary to protect the \nchild. [Cases: Child CustodyC=>753.] \nequity jurisdiction. (lSc) In a common-law judicial \nsystem, the power to hear certain civil actions accord\ning to the procedure of the court of chancery, and \nto resolve them according to equitable rules. [Cases: \nEquity Federal Courts C=>7.J \n\"[Tlhe term equity jurisdiction does not refer to jurisdiction \nin the sense of the power conferred by the sovereign on \nthe court over specified subjectmatters or to jurisdiction \nover the res or the persons of the parties in a particular \nproceeding but refers rather to the merits. The want of \nequity jurisdiction does not mean that the court has no \npower to act but that it should not act, as on the ground, \nfor example, that there is an adequate remedy at law.\" \nWilliam Q. de Funiak, Handbook of Modern Equity 38 (2d \ned.1956). \nexclusive jurisdiction. (lSc) A court's power to adju\ndicate an action or class ofactions to the exclusion of \nall other courts <federal district courts have exclusive \njurisdiction over actions brought under the Securities \nExchange Act>. Cf. concurrent jurisdiction. [Cases: \nCourts ~\"-::J472, 4S9, 510; Equity Federal \nCourts 1131.J \nextraterritorial jurisdiction. (ISIS) A court's ability \nto exercise power beyond its territorial limits. See \nLONG-ARM STATUTE. [Cases: Courts Federal \nCourts \nfederal jurisdiction. (1S00) 1. The exercise of federal\ncourt authority. [Cases: Federal Courts C:\";)3.1.] 2. The \narea ofstudy dealing with the jurisdiction of federal \ncourts. \nfederal-juvenile-delinquency jurisdiction. A federal \ncourt's power to hear a case in which a person under \nthe age of IS violates federal law. -In such a case, the \nfederal court derives its jurisdictional power from 18 \nUSCA  5031 et seq. The Act severely limits the scope \noffederal-juvenile-delinquency jurisdiction because Congress recognizes that juvenile delinquency is \nessentially a state issue. The acts that typically invoke \nfederal jurisdiction are (I) acts committed on federal \nlands (military bases, national parks, Indian reserva\ntions), and (2) acts that violate federal drug laws or \nother federal criminal statutes. \nfederal-question jurisdiction. (I941) The exercise of \nfederal-court power over claims arising under the \nU.S. Constitution, an act of Congress, or a treaty 28 \nUSCA  1331. [Cases: Federal Courts C=>161-247.J \nforeign jurisdiction. (l6c) 1. The powers of a court of \na sister state or foreign country. 2. Extraterritorial \nprocess, such as long-arm service ofprocess. \ngeneral jurisdiction. (16c) 1. A court's authority to \nhear a wide range of cases, civil or criminal, that \narise within its geographic area. [Cases: Courts \n117.5-158.1; Federal Courts ~3.1,76.5.]2. A court's \nauthority to hear all claims against a defendant, at \nthe place of the defendant's domicile or the place of \nservice, without any showing that a connection exists \nbetween the claims and the forum state. Cf. limited \njurisdiction; specific jurisdiction. [Cases: Courts \n12(2.5); Federal Courts C=>76.1O.J \ngeneral personal jurisdiction. Jurisdiction arising \nwhen a person's continuous and systematic contacts \nwith a forum state enable the forum state's courts to \nadjudicate a claim against the person, even when the \nclaim is not related to the person's contacts with the \nforum state. Cf. personal jurisdiction; specific personal \njurisdiction. [Cases: Courts 12(2.5); Federal \nCourts \nhome-state jurisdiction. Family law. In interstate child\ncustody disputes governed by the Uniform Child \nCustody Jurisdiction and Enforcement Act, jurisdic\ntion based on the child's having been a resident of \nthe state for at least six consecutive months immedi\nately before the commencement ofthe suit. See HOME \nSTATE. [Cases: Child Custody \nin personam jurisdiction. See personal jurisdiction. \nin rem jurisdiction (in rem). (1930) A court's power \nto adjudicate the rights to a given piece of property, \nincluding the power to seize and hold it. -Also \ntermed jurisdiction in rem. See IN REM. Cf. personal \njurisdiction; subject-matter jurisdiction. [Cases: \nCourts C=;'18-19; Federal Courts \ninternational jurisdiction. A court's power to hear \nand determine matters between different countries \nor persons ofdifferent countries. \njudicial jurisdiction. The legal power and authority of \na court to make a decision that binds the parties to \nany matter properly brought before it. \njurisdiction in personam. See personal jurisdiction. \njurisdiction in rem. See in rem jurisdiction. \njurisdiction loci. See spatial jurisdiction. \njurisdiction ofthe person. See personal jurisdiction. \njurisdiction over the person. See personal jurisdiction. \n\njurisdiction 930 \njurisdiction quasi in rem. See quasi-In-rem jurisdic\ntion. \njurisdiction ratione materiae. See subject-matter juris\ndiction. \njurisdiction ratione personae. See personal jurisdic\ntion. \njurisdiction ratione temporis. See temporal jurisdic\ntion. \nlegislative jurisdiction. A legislature's general sphere \nof authority to enact laws and conduct all business \nrelated to that authority, such as holding hearings. \n[Cases: States \nlimitedjurisdiction. (I6c) Jurisdiction that is confined \nto a particular type of case or that may be exercised \nonly under statutory limits and prescriptions. Also \ntermed speCial jurisdiction. Cf. general jurisdiction. \n[Cases: Courts ~159; Federal Courts ~5.] \n\"It is a principle of first importance that the federal courts \nare courts of limited jurisdiction .... The federal courts ... \ncannot be courts of general jurisdiction. They are empow\nered to hear only such cases as are within the judicial power \nof the United States, as defined in the Constitution, and \nhave been entrusted to them by a jurisdictional grant by \nCongress.\" Charles Alan Wright, The Law ofFederal Courts \n 7, at 27 (5th ed. 1994). \nlong-arm jurisdiction. Jurisdiction over a nonresident \ndefendant who has had some contact with the juris\ndiction in which the petition is filed. [Cases: Courts \nC::::o 12(2); Federal Courts \noriginal jurisdiction. (17c) A court's power to hear"}
{"text": "\nC::::o 12(2); Federal Courts \noriginal jurisdiction. (17c) A court's power to hear and \ndecide a matter before any other court can review the \nmatter. Cf. appellate jurisdiction. [Cases: Courts ~ \n117.5-158.1,206; Federal Courts ~3.1.] \noverlappingjurisdiction. See concurrent jurisdiction. \npendentjurisdiction (pen-d~nt). (1942) A court's juris\ndiction to hear and determine a claim over which it \nwould not otherwise have jurisdiction, because the \nclaim arises from the same transaction or occurrence \nas another claim that is properly before the court.  \nFor example, ifa plaintiff brings suit in federal court \nclaiming that the defendant, in one transaction, \nviolated both a federal and a state law, the federal \ncourt has jurisdiction over the federal claim (under \nfederal-question jurisdiction) and also has jurisdic\ntion over the state claim that is pendent to the federal \nclaim. Pendent jurisdiction has now been codified as \nsupplemental jurisdiction. 28 USCA  1367. -Also \ntermed pendent-claim jurisdiction. See supplemental \njurisdiction. Cf. ancillary jurisdiction. [Cases: Courts \nCr~27; Equity Federal Courts Cr'-:::>14.] \npendent-party jurisdiction. (1973) A court's jurisdic\ntion to adjudicate a claim against a party who is not \notherwise subject to the court's jurisdiction, because \nthe claim by or against that party arises from the \nsame transaction or occurrence as another claim that \nis properly before the court.  Pendent-party juris\ndiction has been a hotly debated subject, and was \nseverely limited by the U.S. Supreme Court in Finley \nv. United States, 490 U.S. 545, 109 S.Ct. 2003 (1990). The concept is now codified in the supplemental\njurisdiction statute, and it applies to federal-question \ncases but not to diversity-jurisdiction cases. 28 USCA \n 1367. Neither pendent-party jurisdiction nor supple\nmental jurisdiction may be used to circumvent the \ncomplete-diversity requirement in cases founded on \ndiversity jurisdiction. See supplemental jurisdiction. \n[Cases: Federal Courts ~'23.] \npersonal jurisdiction. A court's power to bring a \nperson into its adjudicative process; jurisdiction \nover a defendant's personal rights, rather than merely \nover property interests. Also termed in personam \njurisdiction; jurisdiction in personam; jurisdiction of \nthe person; jurisdiction over the person; jurisdiction \nratione personae. See IN PERSONAM. Cf. in rem juris\ndiction; general personal jurisdiction; specific personal \njurisdiction. [Cases: Admiralty Constitutional \nLaw ~3963-3965; Courts ~10; Federal Courts \n~71-97.1 \nplenary jurisdiction (plee-n~-ree or plen-;>-ree). A \ncourt's full and absolute power over the subject matter \nand the parties in a case. \nprimaryjurisdiction. The power of an agency to decide \nan issue in the first instance when a court, having \nconcurrent jurisdiction with the agency, determines \nthat it would be more pragmatic for the agency to \nhandle the case initially. See PRIMARY-JURISDICTION \nDOCTRINE. [Cases: Administrative Law and Proce\ndure~3228.1.] \n'The doctrine of primary jurisdiction typically is raised, \nnot in a proceeding before an administrative agency, but \nin litigation before a court. Agency and court jurisdiction \nto resolve disputes and issues frequently overlap. Primary \njurisdiction is a concept used by courts to allocate initial \ndecision-making responsibility between agencies and \ncourts where such overlaps exist... , A holding that an \nagency has primary jurisdiction to resolve an issue raised \nin ajudicial proceeding has two important consequences. \nFirst, it transfers some of the power to resolve that issue \nto the agency.... Second, if the issues referred to the \nagency as within its primary jurisdiction are critical to \njudicial resolution of the underlying dispute, the court \ncannot proceed with the trial of the case until the agency \nhas resolved those issues and the agency's decision has \nbeen either affirmed or reversed by a reviewing court.\" \nRichard j. Pierce Jr. et aI., Administrative Law Process 206, \n20708 (3d ed. 1999). \nprobate jurisdiction. Jurisdiction over matters relating \nto wills, settlement ofdecedents' estates, and (in some \nstates) guardianship and the adoption of minors. \n[Cases: Courts <>.j198; Federal Courts ~9.] \nprorogated jurisdiction. Civil law. Jurisdiction con\nferred by the express consent of all the parties on a \njudge who would otherwise be disqualified. Cf. tacit \nprorogation under PROROGATION. \nquasi-in-rem jurisdiction (kway-sI in rem or kway-zI). \n(1918) Jurisdiction over a person but based on that \nperson's interest in property located within the court's \nterritory. -Also termed jurisdiction quasi in rem. \nSee quasi in rem under IN REM. [Cases: Courts \n16; Federal Courts (';:;:>93.] \n\n931 jurisdiction clause \nsignificant-connection jurisdiction. Family law. In a I criminal case without referring it to the Crown Court \nchild-custody matter, jurisdiction based on (1) the \nbest interests of the child, (2) at least one parent's (or \nlitigant's) significant connection to the state, and (3) \nthe presence in the state ofsubstantial evidence about \nthe child's present or future care, protection, training, \nand personal relationships. _ This type ofjurisdic\ntion is conferred by both the Uniform Child Custody \nJurisdiction Act and the Parental Kidnapping Pre\nvention Act. Generally, the home state will also be \nthe state with Significant connections and substantial \nevidence. Jurisdiction based on a Significant connec\ntion or substantial evidence alone is conferred only \nwhen the child has no home state. Also termed \nsignificant-connectionlsubstantial-evidence jurisdic\ntion; significant connection-substantial evidence juris\ndiction; substantial-evidence jurisdiction. See HOME \nSTATE. [Cases: Child Custody (;::::J735.] \nspatial jurisdiction. Jurisdiction based on the physical \nterritory that an entity's authority covers. Also \ntermed jurisdiction loci. \nspecial jurisdiction. See limited jurisdiction. \nspecific jurisdiction. (1828) Jurisdiction that stems \nfrom the defendant's having certain minimum \ncontacts with the forum state so that the court may \nhear a case whose issues arise from those minimum \ncontacts. Cf. general jurisdiction. [Cases: Courts \n12(2.10); Federal Courts (;::::J76.1O.] \nspecific personal jurisdiction. Jurisdiction based on \na person's minimum contacts with the forum state \nwhen the claim arises out of or is related to those \ncontacts. See MINIMUM CONTACTS. Cf. personal juris\ndiction; general personal jurisdiction. [Cases: Courts \nG=-12(2.1O); Federal Courts (;::::J76.1O.) \nstate jurisdiction. 1. The exercise ofstate-court author\nity. 2. A court's power to hear all matters, both civil \nand criminal, arising within its territorial boundar\nies. \nstatus-offense jurisdiction. The power of the court to \nhear matters regarding noncriminal conduct com\nmitted by a juvenile. See status offense under OFFENSE \n(l). Cf. delinquency jurisdiction. \nsubject-matter jurisdiction. (1936) Jurisdiction over \nthe nature of the case and the type of relief sought; \nthe extent to which a court can rule on the conduct \nof persons or the status of things. -Also termed \njurisdiction ofthe subject matter; jurisdiction ofthe \ncause;jurisdiction over the action;jurisdiction ratione \nmateriae. Cf. personal jurisdiction. [Cases: Courts (;::::J \n4; Federal Courts C=~'3.1.1 \nsummary jurisdiction. (18c) 1. A court's jurisdiction \nin a summary proceeding. 2. The court's authority \nto issue a judgment or order (such as a finding of \ncontempt) without the necessity of a trial or other \nprocess. 3. English law. A court's power to make an \norder immediately, without obtaining authority or \nreferral, as in a magistrate's power to dispose of a for a formal trial or without drawing a jury. \nsupplemental jurisdiction. (1836) Jurisdiction over a \nclaim that is part of the same case or controversy as \nanother claim over which the court has original juris\ndiction. Since 1990, federal district courts have had \nsupplemental jurisdiction which includes jurisdic\ntion over both ancillary and pendent claims. 28 USCA \n 1367. See ancillary jurisdiction; pendent jurisdiction. \n[Cases: Courts (;::::J27; EquityG':::::>35; Federal Courts \nG:='14.J \ntemporal jurisdiction. Jurisdiction based on the court's \nhaving authority to adjudicate a matter when the \nunderlying event occurred. -Also termed jurisdic\ntion ratione temporis. \nterritorial jurisdiction. 1. Jurisdiction over cases \narising in or involVing persons residing within a \ndefined territory. [Cases: Courts C=:->29, 171; Federal \nCourts (;::::J71.] 2. Territory over which a government, \none of its courts, or one of its subdivisions has juris\ndiction. \ntransient jurisdiction (tran-shant). Personal jurisdic\ntion over a defendant who is served with process while \nin the forum state only temporarily (such as during \ntravel). [Cases: Courts G~'13.] \nvoluntary jurisdiction. 1. Jurisdiction exercised \nover unopposed matters. 2. Eccles. law. Jurisdic\ntion that does not require a judicial proceeding, as \nwith granting a license or installing a nominee to a \nbenefice. \njurisdictional amount. See AMOUNT IN CONTROVERSY. \njurisdictional discovery. See DISCOVERY. \njurisdictional fact. See FACT. \njurisdictional-fact doctrine. Administrative law. The \nprinciple that if evidence is presented challenging the \nfactual findings that triggered an agency's action, then \na court will review the facts to determine whether the \nagency had authority to act in the first place. -This \ndoctrine is generally no longer applied. Cf. CONS'fITU\nTIONAL-FACT DOCTRINE. [Cases: Administrative Law \nand Procedure C='795.j \njurisdictional gerrymandering. See GERRYMANDER\nING (2). \njurisdictional limits. (1800) The geographic boundaries \nor the constitutional or statutory limits within which a \ncourt's authority may be exercised. \njurisdiction loci. See spatial jurisdiction under JURIS\nDICTION. \njurisdictional plea. See PLEA (3). \njurisdictional statement. See JURISDICTION CLAUSE (1). \njurisdictional strike. See STRIKE. \njurisdiction clause. (1861) 1. At law, a statement in a \npleading that sets forth the court's jurisdiction to act \nin the case. Also termed jurisdictional statement. 2. \nEquity practice. The part of the bill intended to show \nthat the court has jurisdiction, usu. by an averment \n\n932 jurisdiction in personam \nthat adequate relief is unavailable outside equitable \nchannels. \njurisdiction in personam. See personal jurisdiction \nunder JURISDICTION. \njurisdiction in rem. See in rem jurisdiction under JURIS\nDICTIO)'!. \njurisdiction is fundandae (joor-is-dik-shee-oh-nis f;m\ndan-dee). [Law Latin] Scots law. For the purpose of \nfounding jurisdiction. See ARRESTUM rURISDICTIONIS \nFUNDANDAE CAUSA. \njurisdiction ofthe cause. See subject-matter jurisdiction \nunder JURISDICTION. \njurisdiction of the person. See personal jurisdiction \nunder JURISDICTION. \njurisdiction of the subject matter. See subject-matter \njurisdiction under JURISDICTION. \njurisdiction over the action. See subject-matter jurisdic\ntion under JURISDICTION. \njurisdiction over the person. See personal jurisdiction \nunder JURISDICTION. \njurisdiction quasi in rem. See quasi-in-rem jurisdiction \nunder JURISDICTION. \njurisdiction ratione materiae. See subject-matter juris\ndiction under JURISDICTION. \njurisdiction ratione personae. See personal jurisdiction \nunder JURISDICTION. \njurisdiction ratione temporis. See temporal jurisdiction \nunder JURISDICTION. \njurisdictio 1'oluntaria (joor-is-dik-shee-oh vol-;m-tair\nee-,,). [Latin] Roman law. Voluntary jurisdiction. See \nvoluntary jurisdiction under JURISDICTION. \nJuris Doctor (joor-is dok-t<lr). (IS95) Doctor oflaw the \nlaw degree most commonly conferred by an American \nlaw school. -Abbr. J.D. Also termed Doctor ofJuris\nprudence; Doctor ofLaw. Cf. MASTER OF LAWS; LL.B.; \nLL.D.; DOCTOR OF LAWS. \njuris et de jure (joor-is et dee joor-ee). [Latin] Oflaw \nand of right <a presumption juris et de jure cannot be \nrebutted>. \njurisinceptor (joor-is-in-sep-t<lr). [Latin] Rist. A student \nofthe civil law. \njurisperitus (joor-is-p\"-rI-t,,s), adj. [Latin] (Of a person) \nskilled or learned in law. See LEGISPERITUS. \njuris positi1'ii. See JURIS. \njuris privati. See JURIS. \njurisprude (joor-is-prood), n. (1937) 1. A person who \nmakes a pretentious display oflegal knowledge or who \nis overzealous about the importance oflegal doctrine. \n2. JURISPRUDENT. \njurisprudence (joor-is-prood-\"nts), n. (17c) 1. Origi\nnally (in the 18th century), the study of the first prin\nciples of the law of nature, the civil law, and the law of \nnations. Also"}
{"text": "th century), the study of the first prin\nciples of the law of nature, the civil law, and the law of \nnations. Also termed jurisprudentia naturalis (joor\nis-proo-den-shee-\" nach-,,-ray-lis). 2. More modernly, the study of the general or fundamental elements of \na particular legal system, as opposed to its practical \nand concrete details. 3. The study oflegal systems in \ngeneral. 4. Judicial precedents considered collectively. \n5. In German literature, the whole oflegal knowledge. \n6. A system, body, or division oflaw. 7. CASELAW. \n\"Jurisprudence addresses the questions about law that an \nintelligent layperson of speculative bent not a lawyer \nmight think particularly interesting. What is law? ... Where \ndoes law come from? ... Is law an autonomous disci \npline? ... What is the purpose of law? . , . Is law a science, \na humanity, or neither? ... A practicing lawyer or ajudge \nis apt to think questions of this sort at best irrelevant to \nwhat he does, at worst naive, impractical, even childlike \n(how high is up?).\" Richard A. Posner, The Problems ofJuris\nprudence 1 (1990). \nanalytical jurisprudence. (1876) A method of legal \nstudy that concentrates on the logical structure oflaw, \nthe meanings and uses ofits concepts, and the formal \nterms and the modes ofits operation. \ncensorial jurisprudence. See LAW REFORM. \ncomparati1'ejurisprudence. See COMPARATIVE LAW. \nequity jurisprudence. (1826) 1. The legal science \ntreating the rules, principles, and maxims that govern \nthe decisions of a court of equity. 2. The cases and \ncontroversies that are considered proper subjects of \nequity. 3. The nature and form ofthe remedies that \nequity grants. \nethical jurisprudence. (1S26) TI1e branch oflegal phi\nlosophy concerned with the law from the viewpoint \nof its ethical significance and adequacy . This area \nof study brings together moral and legal philoso\nphy. -Also termed (in German) Rechtsphilosophie; \n(in French) philo sophie du droit. \nexpository jurisprudence. (ISc) The scholarly expo\nsition of the contents of an actual legal system as it \nnow exists or once existed. Also termed systematic \njurisprudence. \nfeminist jurisprudence. (1978) A branch of jurispru\ndence that examines the relationship between women \nand law, including the history of legal and social \nbiases against women, the elimination ofthose biases \nin modern law, and the enhancement ofwomen's legal \nrights and recognition in society. \n''The first published use of the phrase 'feminist jurispru\ndence' occurred in 1978 when Professor Ann Scales pub\nlished an article called Toward a Feminist Jurisprudence. \nFeminist legal theory is diverse, and anything but mono\nlithic. Many feminists believe that it is difficult to general\nize about feminist jurisprudence. It is, however, possible \nto understand feminist legal theory as a reaction to the \njurisprudence of modern legal scholars (primarily male \nscholars) who tend to see law as a process for interpret\ning and perpetuating a universal, gender-neutral public \nmorality. Feminist legal scholars, despite their differences, \nappear united in claiming that 'masculine' jurisprudence of \n'all stripes' fails to acknowledge, let alone respond to. the \ninterests, values, fears, and harms experienced by women.\" \nGary Minda, Postmodern Legal Movements 129-30 (1995). \ngeneral jurisprudence. (18c) 1. The scholarly study of \nthe fundamental elements ofa given legal system. \nAlso termed jurisprudentia generalis. \n\n933 \n\"The term 'general jurisprudence' involves the mislead\ning suggestion that this branch of legal science is that \nwhich relates not to any single system of law, but to those \nconceptions and principles that are to be found in ali devel\noped legal systems, and which are therefore in this sense \ngeneral. It is true that a great part of the matter with which \nit is concerned is common to all mature systems of law. All \nof these have the same essential nature and purposes, and \ntherefore agree to a large extent in their first principles. But \nit is not because of universal reception that any principles \npertain to the theory or philosophy of law. For this purpose \nsuch reception is neither sufficient nor necessary. Even if \nno system in the world save that of England recognised \nthe legislative efficacy of judicial precedents, the theory \nof case-law would none the less be a fit and proper subject \nof general jurisprudence. Jurisprudentia generalis is not \nthe study of legal systems in general, but the study of \nthe general or fundamental elements of a particular legal \nsystem.\" John Salmond, JurispF'Udence 3 n.(b) (Glanville L. \nWilliams ed., 10th ed. 1947). \n2. The scholarly study of the law, legal theory, and \nlegal systems generally. -Also termed jurisprudentia \nuniversalis;philosophy oflaw; legal philosophy. \n\"According to Austin (1790-1859), general jurisprudence \nis the study of the 'principles, notions and distinctions' \ncommon to the maturer systems of law.\" Rupert Cross & \nJW_ Harris, Precedent in English Law 2 (4th ed. 1991). \nhistorical jurisprudence. (1823) 1he branch ofIegal \nphilosophy concerned with the history of the first \nprinciples and conceptions ofa legal system, dealing \nwith (1) the general principles governing the origin \nand development oflaw, and (2) the origin and devel\nopment of the legal system's first principles. \n\"Historical jurisprudence was a passive restraining mode \nof thought on legal subjects by way of reaction from the \nactive creative thought of the era of philosophy. It was a \nreaction, too, from the confident disregard of traditional \nlegal institutions and conditions of time and place which \ncharacterized the French Revolution. We were not ready \nfor it in the fore part of the last century. But we accepted it \neagerly toward the end of that century when it was already \nmoribund in Europe.\" Roscoe Pound, The Formative Era of \nAmerican Law 113 (1938). \njurisprudence constante (bn-stan-tee). Civil law. The \ndoctrine that a court should give great weight to a \nrule oflaw that is accepted and applied in a long line \nof cases, and should not overrule or modify its own \ndecisions unless clear error is shown and injustice will \narise from continuation ofa particular rule oflaw . \nCivil-law courts are not bound by the common-law \ndoctrine of stare decisis. But they do recognize the \ndoctrine ofjurisprudence constante, which is similar \nto stare decisis, one exception being that jurispru\ndence constante does not command strict adherence \nto a legal principle applied on one occasion in the \npast. Cf. STARE DECISIS_ [Cases: Courts (>='89.] \njurisprudence ofconceptions. (1908) The extension \nof a maxim or definition, usu. to a logical extreme, \nwith relentless disregard for the consequences . \nThe phrase appears to have been invented by Roscoe \nPound. See Mechanical Jurisprudence, 8 Colum. L. \nRev. 605, 608 (1908)_ \nnormative jurisprudence. See NATURAL LAW (2). juror \nparticular jurisprudence. (I8c) The scholarly study of \nthe legal system within a particular jurisdiction, the \nfocus being on the fundamental assumptions of that \nsystem only. \npositivist jurisprudence. (1931) A theory that denies \nvalidity to any law that is not derived from or sanc\ntioned by a sovereign or some other determinate \nsource. Also termed positivistic jurisprudence. \nsociological jurisprudence. (1907) A philosophical \napproach to law streSSing the actual social effects of \nlegal institutions, doctrines, and practices. This \ninfluential approach was started by Roscoe Pound in \n1906 and became a precursor to legal realism. -Also \ntermed sociology oflaw. See LEGAL REALISM. \nsystematic jurisprudence. See expository jurispru\ndence. \ntherapeutic jurisprudence. The study of the effects of \nlaw and the legal system on the behavior, emotions, \nand mental health ofpeople; esp., a multidisciplinary \nexamination of how law and mental health interact. \n This discipline originated in the late 1980s as an \nacademic approach to mental-health law. \njurisprudent, n. (17c) A person learned in the law; a spe\ncialist in jurisprudence. -Also termed jurisprude. \njurisprudentia generalis. See general jurisprudence (1) \nunder JURISPRUDENCE. \njurisprudential (joor-is-proo-den-sh;}l), adj. Of or \nrelating to jurisprudence. \njurisprudentia naturalis. See JURISPRUDENCE (1). \njurisprudentia universalis. Seegeneral jurisprudence (2) \nunder JURISPRUDENCE. \njuris publici. See JURIS. \njurist. (ISc) 1. A person who has thorough knowledge \nof the law; esp., a judge or an eminent legal scholar. \nAlso termed legist. 2. JURISPRUDENT. \njuristic, adj. (1831) 1. Of or relating to a jurist <juristic \nliterature>. 2. Ofor relating to law <a corporation is a \ntypical example of a juristic person>. Also termed \njuristical. \njuristic act. See act in the law under ACT. \njuristic person. See artificial person under PERSON (3). \nJuris utriusque Doctor. See J.U.D. \njuror (joor-;-Jr also joor-or). (14c) A person serving on a \njury panel. -Also formerly termed layperson. \ngrand juror. A person serving on a grand jury. \npetitjuror (pet-ee). A trial jUfor, as opposed to a grand \njuror. \npresidingjuror. The juror who chairs the jury during \ndeliberations and speaks for the jury in court by \nannouncing the verdict.  The presiding juror is usu. \nelected by the jury at the start ofdeliberations. -Also \ntermed foreman;foreperson;{in Scots law) jury chan\ncellor. [Cases: Jury C:::> 147.] \n\n934 juror misconduct \nstealth juror. A juror, esp. one in a high-profile case, \nwho deliberately fails to disclose a relevant bias in \norder to qualify as a juror and bases a decision on that \nbias rather than on the facts and law. Although a \nstealth juror may be fined or prosecuted for perjury \nbased on a lie or omission, the usual penalty is only \nremoval from the jury. \ntales-juror (tay-leez- or taylz-joor-<lr). See TALESMA\",\". \njuror misconduct. See MISCO\",\"DUCT. \njury, n. (15c) A group of persons selected according to \nlaw and given the power to decide questions offact and \nreturn a verdict in the case submitted to them. In \ncertain contexts, jury embraces any fact-trier, includ\ning an arbitrator or a trial judge sitting in a nonjury \nproceeding. -Also termed empaneled jury; impan\neledjury. \nadvisory jury. (1892) A jury empaneled to hear a case \nwhen the parties have no right to a jury trial. See Fed. \nR. Civ. P. 39(c). The judge may accept or reject the \nadvisory jury's verdict. [Cases: Federal Civil Proce\ndure (;:J2252; Trial (;:J369.] \nblue-ribbon jury. (1940) A jury consisting of jurors \nwho are selected for their special qualities, such as \nadvanced education or special training, sometimes \nused in a complex civil case (usu. by stipulation ofthe \nparties) and sometimes also for a grand jury (esp. one \ninvestigating governmental corruption) . A blue\nribbon jury is not allowed in criminal trials because \nit would violate the defendant's right to trial by a jury \nofpeers. An even more elite group ofjurors, involving \nspecialists in a technical field, is called a blue-blue\nribbon jury. \ncommon jury. See petit jury. \ncoroner's jury. (17c) A jury summoned by a coroner \nto investigate the cause of death. [Cases: Coroners \n(::::.)12.] \ndeadlocked jury. See hung jury. \ndeath-qualified jury. Criminal law. A jury that is fit \nto decide a case involving the death penalty because \nthe jurors have no absolute ideological bias against \ncapital punishment. Cf.lije-qualified jury. [Cases: Jury \n(::=33(2.15).] \nfair and impartial jury. See impartial jury. \nforeign jury. A jury obtained from a jurisdiction other \nthan that in which the case is brought. [Cases: Jury \ngood jury. See speCial jury. \ngrand jury. See GRAND JURY. \nhomage jury. Hist. A jury in a court baron, conSisting \nof tenants who made homage to the lord. See COURT \nBARON. \nhungjury. (1854) A jury that cannot reach a verdict by \nthe required voting margin. Also termed dead\nlocked jury. \nimpartial jury. (17c) A jury that has no opinion about \nthe case at the start of the trial and that bases its verdict on competent legal evidence. Also termed \nfair and impartial jury. [Cases: Jury \ninquest jury. (1873) A jury summoned from a particu\nlar district to appear before a sheriff, coroner, or other \nministerial officer and inquire about the facts con\ncerning a death. See INQUEST. Also termed jury of \ninquest. [Cases: Coroners \njury de medietate linguae (dee mee-dee-<l-tay-tee ling\ngwee). [Latin \"jury of halfness oflanguage\"] Hist. A \njury made up ofhalf natives and half aliens, allowed \nwhen one ofthe parties is an alien. \njury ofindictment. See GRAND JURY"}
{"text": "half aliens, allowed \nwhen one ofthe parties is an alien. \njury ofindictment. See GRAND JURY. \njury ofinquest. See inquest jury. \njury ofmatrons. Hist. A jury of\"discreet and lawful \nwomen\" impaneled to try a question of pregnancy, \nas when a woman sentenced to death pleads, in stay \nof execution, that she is pregnant. \njury ofthe vicinage (vis-~-nij). 1. At common law, a \njury from the county where the crime occurred. 2. \nA jury from the county where the court is held. See \nVICINAGE. [Cases: Jury (::=33(3).] \nlife-qualified jury. Criminal law. In a case involving a \ncapital crime, a jury selected from a venire from which \nthe judge has excluded anyone unable or unwilling to \nconsider a sentence oflife imprisonment, instead of \nthe death penalty, if the defendant is found guilty. Cf. \ndeath-qualified jury. [Cases: Jury (;:J33(2.15).] \nmixed jury. (1878) A jury composed of both men and \nwomen or persons ofdifferent races. [Cases: Jury (;:J \n8.] \npetit jury (pet-ee). (15c) A jury (usu. consisting of6 or \n12 persons) summoned and empaneled in the trial of \na specific case. Also termed petty jury; trial jury; \ncommon jury; traverse jury. Cf. GRAND JURY. \npolice jury. See POLICE JURY. \npresentingjury. See GRAND JURY. \nrogue jury. A jury that ignores the law and evidence in \nreaching a capricious verdict.  Rogue juries include \nthose that base their verdicts on unrevealed, deeply \nheld prejudices; on undue sympathy or antipathy \ntoward a party; or on chance (as by tossing a coin). \nThe verdicts often result in inappropriate awards, \npunishments, convictions, or acquittals. Unlike jury \nnullification, a rogue jury's verdict is not based on a \ndesire to achieve a just, fair, or moral outcome. Cf. \nJURY NULLIFICATION. \nshadow jury. (1974) A group of mock jurors paid to \nobserve a trial and report their reactions to a jury \nconsultant hired by one of the litigants . The shadow \njurors, who are matched as closely as possible to the \nreal jurors, provide counsel with information about \nthe jury's likely reactions to the trial. Also termed \nphantom jury. \nsheriff's jury. Hist. A jury selected and summoned by a \nsheriff to hold inquests for various purposes, such as \nassessing damages in an action in which the defendant \n\n935 \nmakes no defense or ascertaining the mental condi\ntion ofan alleged lunatic. \nspecial jury. (l7c) 1. A jury chosen from a panel that \nis drawn specifically for that case. Such a jury is \nusu. empaneled at a party's request in an unusually \nimportant or complicated case. Also termed struck \njury. See STRIKING A JURY. [Cases: Jury (;=>6, 71.] 2. \nAt common law, a jury composed ofpersons above \nthe rank ofordinary freeholders, usu. summoned to \ntry more important questions than those heard by \nordinary juries. Also termed good jury. \nstruck jury. (i8c) 1. A jury selected by allowing the \nparties to alternate in striking from a list any person \nwhom a given party does not wish to have on the \njury, until the number is reduced to the appropriate \nnumber (traditionally 12). See STRIKING A JURY. 2. See \nspecial jury (1). [Cases: Jury (;=>6, 71.] \ntraverse jury. See petit jury. \ntrial jury. See petit jury. \njury box. The enclosed part of a courtroom where the \njury sits. Also spelled jury-box. \njury challenge. See CHALLENGE (2). \njury chancellor. See presidingjuror under JUROR. \njury charge. (1883) 1. JURY INSTRUCTION. 2. A set ofjury \ninstructions. -Often shortened to charge. \njury commissioner. See COMMISSIONER. \njury direction. See JURY INSTRUCTION. \njury duty. (1829) 1. The obligation to serve on a jury. 2. \nActual service on a jury. -Also termed jury service. \njury fee. See FEE (1). \njury-fixing. (1887) The act or an instance of illegally \nprocuring the cooperation of one or more jurors who \nactually influence the outcome of the trial. -Also \ntermed fiXing a jury. Cf. EMBRACERY; fURY-PACKING. \njury-fixer, n. \njury instruction. (usu. pI.) (1943) A direction or gUide\nline that a judge gives a jury concerning the law of the \ncase. Often shortened to instruction. -Also termed \njury charge; charge; jury direction; direction. [Cases: \nCriminal Law (;=>769; Federal Civil Procedure \n2171-2185; Trial (;=>182.J \nadditional instruction. (1821) A jury charge, beyond \nthe original instructions, that is usu. given in \nresponse to the jury's question about the evidence or \nsome point oflaw. Also termed further instruction. \n[Cases: Criminal Law (;:='863; Federal Civil Proce\ndure (;::>1975; Trial 314(1).] \naffirmative converse instruction. (1966) An instruction \npresenting a hypothetical that, if true, commands a \nverdict in favor of the defendant. An affirmative \nconverse instruction usu. begins with language such \nas \"your verdict must be for the defendant if you \nbelieve ....\" [Cases: Trial (;=>203(3).] \naffirmative instruction. (1835) An instruction that \nremoves an issue from the jury's consideration, jury instruction \nsuch as an instruction that whatever the evidence, \nthe defendant cannot be convicted under the indict\nment count to which the charge is directed. -Also \ntermed affirmative charge. [Cases: Criminal Law(;:=' \n754; Trial (;=>194,234(4), \nargumentative instruction. (1888) An instruction \nthat assumes facts not in evidence, that Singles out \nor unduly emphasizes a particular issue, theory, or \ndefense, or that otherwise invades the jury's province \nregarding the weight, probative value, or sufficiency of \nthe evidence. [Cases: Criminal Law C='807; Federal \nCivil Procedure (;=>2173.1; Trial (;=>240.] \nbinding instruction. See mandatory instruction. \ncautionary instruction. (l881) 1. A judge's instruction \nto the jurors to disregard certain evidence or consider \nit for specific purposes only. [Cases: Criminal Law \n(~673, 783, 783.5; Federal Civil Procedure (;=>2173; \nTrial (;=>133.6(2), 207, 208.] 2. A judge's instruction \nfor the jury not to be influenced by outside factors and \nnot to talk to anvone about the case while the trial is in \nprogress. [Case~: Criminal LawC=>768, 852; Federal \nCivil Procedure (;=>2173; Trial (;:=>201, 217.J \nconscious-avoidance instruction. See willful-blindness \ninstruction. \ncurative instruction. (1890) A judge's instruction that is \nintended to correct an erroneous instruction. [Cases: \nFederal Civil Procedure Trial (;=>296.] \ndeliberate-indifference instruction. See JEWELL IN\nSTRUCTION. \ndisparaging instruction. A jury charge that discredits \nor defames a party to a lawsuit. \nformula instruction. (1927) Ajurycharge derived from \na standardized statement ofthe law on which the jury \nmust base its verdict. \nfurther instruction. See additional instruction. \ngeneral instruction. Any jury instruction that does not \npresent a question or issue to be answered. \nJewell instruction. See JEWEI.L INSTRUCTION. \nmandatory instruction. (1895) An instruction requir\ning a jury to find for one party and against the other if \nthe jury determines that, based on a preponderance of \nthe evidence, a given set offacts exists. -Also termed \nbinding instruction. [Cases: Trial (;:=234(3, 4), 253.] \nmodel jury instruction. (1964) A form jury charge usu. \napproved by a state bar association or similar group \nregarding matters arising in a typical case . Courts \nusu. accept model jury instructions as authorita\ntive. Also termed pattern jury instruction; pattern \njury charge; model jury charge. [Cases: Criminal Law \n(;=>805(1); Federal Civil Procedure (;=>2173.1; Trial \n(;=>228(1).] \nostrich instruction. (1966) Criminal procedure. Slang. \nAn instruction stating that a defendant who delib\nerately avoided acquiring actual knowledge can be \nfound to have acted knOWingly. Cf. JEWELL INSTRUC\nTION. [Cases: Criminal Law (;=>772(5).] \n\n936 jury list \npattern jury instruction. See model jury instruction. \nperemptory instruction. (1829) A court's explicit direc\ntion that a jury must obey, such as an instruction to \nreturn a verdict for a particular party. See directed \nverdict under VERDICT. [Cases: Federal Civil Proce\ndure C=>2173.1, 2174; Trial C=> 167,234,253.] \nsingle-juror instruction. (1980) An instruction stating \nthat if any juror is not reasonably satisfied with the \nplaintiff's evidence, then the jury cannot render a \nverdict for the plaintiff. \nspecial instruction. (1807) An instruction on some par\nticular point or question involved in the case, usu. \nin response to counsel's request for such an instruc\ntion. -Also termed special charge. \nstandard instruction. (1914) A jury instruction that has \nbeen regularly used in a given jurisdiction. \nwillful-blindness instruction. An instruction that an \notherwise culpable defendant may be held account\nable for a crime if the defendant deliberately avoided \nfinding out about the crime. -Also termed con\nscious-avoidance instruction. [Cases: Criminal Law \nC=>772(5).] \njury list. A list of persons who may be summoned to \nserve as jurors. [Cases: Jury C=>60.] \njuryman. Archaic. See JUROR. \njury nullification. (1982) A jury's knowing and deliber\nate rejection ofthe evidence or refusal to apply the law \neither because the jury wants to send a message about \nsome social issue that is larger than the case itself or \nbecause the result dictated by law is contrary to the \njury's sense ofjustice, morality, or fairness. Cf. verdict \ncontrary to law under VERDICT; rogue jury under JURY. \n[Cases: Criminal Law C=>731; Trial C=> 128,304.] \njury of indictment. See GRAND JURY. \njury-packing. (1887) The act or an instance of contriv\ning to have a jury composed of persons who are pre\ndisposed toward one side or the other. -Also termed \npacking a jury. Cf. EMBRACERY; JURY-FIXING. \njury panel. See VENIRE (1). \njury pardon. (1974) A rule that permits a jury to convict \na defendant ofa lesser offense than the offense charged \nifsufficient evidence exists to convict the defendant of \neither offense. \njury pool. See VENIRE (1). \njury process. (18c) 1. The procedure by which jurors are \nsummoned and their attendance is enforced. [Cases: \nJury C=>67.] 2. The papers served on or mailed to poten\ntial jurors to compel their attendance. \njury question. (18c) 1. An issue offact that a jury decides. \nSee QUESTION OF FACT. [Cases: Federal Civil Procedure \nC=>2141.] 2. A special question that a court may ask a \njury that will deliver a special verdict. See special inter\nrogatory under INTERROGATORY. [Cases: Federal Civil \nProcedure C=>2231; Trial C=>350.] \njury sequestration. See SEQUESTRATION (8). jury service. See JURY DUTY. \njury shuffle. Texas law. A process for rearranging a venire \nwhereby the cards with the veniremembers' names on \nthem are shuffled so that the veniremembers will be \nseated in a different order . The prosecution and the \ndefense may each request a jury shuffle once before voir \ndire begins. No reason for the request need be given. \nAfter voir dire begins, neither party may request a \nshuffle. [Cases: Jury C=>64.] \njury summation. See CLOSING ARGUMENT. \njury-tampering. See EMBRACERY. \njury trial. See TRIAL. \njury waiver. See WAIVER (2). \njurywheel. (1873) A physical device or electronic system \nused for storing and randomly selecting names of \npotential jurors. [Cases: Jury C=>65.] \njurywoman. Archaic. A female juror; esp., a member ofa \njury of matrons. See jury ofmatrons under JURY. \njus (j;)S also joos oryoos), n. [Latin \"law, right\"] 1. Law in \nthe abstract. 2. A system oflaw. 3. A legal right, power, \nor principle. 4. Roman law. Man-made law . The term \nusu. refers to a right rather than a statute. -Abbr. J. \nAlso spelled ius. Cf. FAS. PI. jura Ooor-;) also yoor-;)). \n\"Ius, when used in a general sense, answers to our word \nLaw in its widest acceptation. It denotes, not one particular \n"}
{"text": "us, when used in a general sense, answers to our word \nLaw in its widest acceptation. It denotes, not one particular \nlaw nor collection of laws, but the entire body of principles, \nrules, and statutes, whether written or unwritten, by which \nthe public and the private rights, the duties and the obliga\ntions of men, as members of a community, are defined, \ninculcated, protected and enforced.\" William Ramsay, A \nManual ofRoman Antiquities 285-86 (Rodolfo Lanciani ed., \n15th ed. 1894). \njus abstinendi (j;)S ab-st;)-nen-dI), n. [Law Latin \"right of \nabstaining\"] Roman & civil law. The right ofan heir to \nrenounce or decline an inheritance, as when it would \nrequire taking on debt. \njus abutendi (j;)S ab-y;)-ten-dI), n. [Latin \"right of \nabusing\"] Roman & civil law. The right to make full use \nofproperty, even to the extent ofwasting or destroying \nit. Cf. IUS UTENDI. \njus accrescendi (j;)S ak-r;)-sen-dI), n. [Latin \"right of \naccretion\"] A right of accrual; esp., the right of survi\nvorship that a joint tenant enjoys. See RIGHT OF SUR\nVIVORSHIP. Cf. JUS NON DECRESCENDI. [Cases: Joint \nTenancy C=>6.] \njus actionis (j;)S ak-shee-oh-nis). [Latin] Scots law. A \nright ofaction. \njus actus (j;)S ak-t;)s). [Latin] Roman law. A rural servi\ntude giving a person the right ofpassage for a carriage \nor cattle. See ACTUS (3). \njus administrationes (j;)S ad-mi-ni-stray-shee-oh-neez). \n[Latin] Scots law. Hist. The outmoded right by which a \nhusband had unfettered control of his wife's heritable \nproperty. \njus ad rem (j;)S ad rem), n. [Law Latin \"right to a thing\"] A \nright in specific property arising from another person's \n\n937 \nduty and valid only against that person; an inchoate or \nincomplete right to a thing. Cf. JUS IN RE. \njus aedilium OdS ee-dil-ee-dm). [Latin \"law of the \naediles\"] Roman law. The body of law developed \nthrough the edicts of aediles. -Also termed jus aedi\nlicium (jas ee-dI-Iish-ee-am). See AEDILE; JUS HOKO\nRARIUM. \nJus Aelianum (jdS ee-lee-ay-nam). [Latin) Roman law. \nA manual oflaws drawn up in the second century B.C. \nby the consul Sextus Aelius, consisting of three parts: \n(1) the laws of the Twelve Tables; (2) a commentary \non them; and (3) the forms of procedure. See TWELV~ \nTABLES. \njus aequum OdS ee-kwam). [Latin \"law that is equal or \nfair\"] Roman law. Law characterized by equity, flexibil\nity, and adaptation to the circumstances ofa particular \ncase. Cf. JUS STRICTUM. \njus aesneciae (jdS ees-neesh-ee-ee). [Latin] Hist. The \nright ofprimogeniture. -Also spelled esneciae. \njus agendi (jas a-jen-dl). [Latin] Scots law. One's power \nto take action to pursue one's rights. \njus albanagii (jas al-bd-nay-jee-l), n. [Law Latin \"confis\ncating the goods of aliens\"] See DROIT D'AUBAINE. \njus albinatus (jas al-bi-nay-tas), n. [Law Latin \"right of \nalien confiscation\"] See DROIT D'AUBAINE. \njus angariae (jdS ang-gair-ee-ee), n. [Latin \"right of \nangary\"] See AKGARY. \njus antiquum (jas an-tI-kwam). [Latin] Roman law. The \nold law. -Also termed jus vetus. Cf. JUS NOVUM. \n\"In the later Empire (which dates from the fourth century) \nthere were two groups of sources of law: first, the 'jus \nvetus', or 'jus' simply, i.e. the old traditional law, the devel\nopment of which was completed in the classical period \nof Roman jurisprudence (in the course of the second and \nthe beginning of the third century); secondly, the 'leges' \nor 'jus novum', i.e. the later law which had sprung from \nimperial legislation. These two classes of law, 'jus' and \n'leges', mutually supplementing each other, constituted \nthe whole body of law as it existed at the time, and, taken \ntogether, represented the result of the entire development \nof Roman law from the earliest times down to ... the \nepoch of the later Empire.\" Rudolph $ohm, The Institutes: \nA Textbook of the History and System ofRoman Private Law \n116-17 Uames Crawford Ledlie trans., 3d ed. 1907). \njus apparentiae (jas ap-<l-ren-shee-ee). [Law Latin] Scots \nlaw. lhe right ofapparency. An heir who was open to \na succession but not fully vested in title had the right of \napparency, a right that allowed the heir to take certain \nactions on behalf of the estate, such as defending the \nancestor's title. \njus aquaeductus (jds ak-wa-dak-tas), n. [Latin] Roman & \ncivil law. A servitude that gives a landowner the right \nto conduct water from another's land through pipes \nor channels. \njus aquaehaustus (jas ak-wee haws-tds). [Latin] Roman \nlaw. See AQUAEHAUSTUS. \njus aucupandi (jas awk-yuu-pan-dr). [Latin] Scots law. \nThe right of catching birds; the right offowling. jus commune \njus banci (jas ban-51), n. [Law Latin \"right ofbench\"j \nHist. The right or privilege of having an elevated and \nseparate seat ofjudgment, formerly allowed only to the \nking's judges, who administered what was from then \non called \"high justice.\" \njus belli (jas bel-I), n. [Latin \"law of war\"] The law of \nnations as applied during wartime, defining in par\nticular the rights and duties of the belligerent powers \nand of neutral nations. \njus bellum dicendi (jas bel-<lm di-sen-dI), n. [Latin] The \nright ofproclaiming war. \njus canonicum (jas ka-non-i-kam), n. [Law Latin] See \nCANON LAW (1). \njus capiendi (jas kap-ee-en-dI). [Latin \"the right to take \nor receive\"] Roman law. The right of taking property \nunder a will. \njus civile (jas si-Vl-Iee). [Latin] Roman law. The tradi\ntional law of the city of Rome, beginning with the \nTwelve Tables and developed by juristic interpretation. \n It covered areas oflaw restricted to Roman citizens, \nsuch as the formalities ofmaking a will. Over time, the \njus civile was modified by, for example, the jus honorar\nium (which modified the requisites for a valid will) and \nthe jus sentium (which modified the stipulation). The \noriginaljus civile was eventually absorbed into a general \nRoman law. See CIVIL LAW (1); JUS QUfRITIUM. \njus civitatis (jas siv-i-tay-tds). [Latin] Roman law. The \nright ofcitizenship; the right ofa Roman citizen. \njus cloacae (jds kloh-ay-see), n. [Latin \"right ofsewer or \ndrain\"] Civil law. An easement consisting in the right \nof having a sewer or conducting surface water over or \nthrough the land ofone's neighbor. \njus cogens (jdS koh-jenz), n. [Latin \"compelling law\"] \n1. lnt'llaw. A mandatory or peremptory norm of \ngeneral international law accepted and recognized by \nthe international community as a norm from which \nno derogation is permitted. - A peremptory norm can \nbe modified only by a later norm that has the same \ncharacter. Cf. JUS DISPOSITlVUM. [Cases: International \nLaw (;:.:c 1.] 2. Civil law. A mandatory rule oflaw that \nis not subject to the disposition of the parties, such as \nan absolute limitation on the legal capacity of minors \nbelow a certain age. Also termed (in sense 2) peremp\ntory norm. \njus commercii (jas ka-mar-shee-I), n. [Latin \"right of \ncommerce\"] Roman & civil law. 1be right to make \ncontracts, acquire and transfer property, and conduct \nbusiness transactions. \njus commune (jaS ka-myoo-nee), n. 1. Roman & civil \nlaw. The common or public law or right, as opposed \nto a law or right established for special purposes. Cf. \nJUS SINGULARE. 2. The common law of England. See \nCOMMON LAW (3). 3. The shared law of much of conti\nnental Western Europe during the Middle Ages, con\nsisting ofa blend ofcanon law and rediscovered Roman \nlaw. \n\"U]us commune is a phrase well known to the canonists. \nThey use it to disti nguish the general and ordinary law of \n\n938 jus compascuum \nthe universal church both from any rules peculiar to this \nor that provincial church, and from those papal privilegia \nwhich are always giving rise to ecclesiastical litigation.\" \n1 Frederick Pollock & Frederic William Maitland, History \nof English Law Before the Time of Edward I 176 (2d ed. \n1898). \njus compascuum (jas kam-pas-kyoo-am), n. [Latin \"the \nright to feed together\"] Hist. The right of common \npasture. Cf. COMMO~ (1). \njus connubii (jds kd-n[y]oo-bee-I), n. [Latin \"right of \nmarriage\"] See CONNUBIUM. \njus coronae (jds ka-roh-nee), n. [Latin \"right of the \nCrown\"] The right of succession to the English \nthrone. \njus crediti (jds kred-i-tI). [Latin \"the right of credit\"] \nRoman & Scots law. A creditor's right to a debt; a credi\ntor's right to recover a debt through legal process. Cf. \nJUS EXIGE~DI. \n\"[Tlhe term is frequently used in contradistinction to a \nmere spes, or defeasible expectancy. This jus credit! is \noften of great importance; for although a person may not \nbe entitled to be put in immediate possession of a subject, \nyet the obligation to deliver it to him at some future time \ncreates in him a vested right, which forms part of his \nestate.\" William Bell, Bell's Dictionary and Digest of the Law \nofScotland 620 (George Watson ed., 7th ed. 1890). \njus cudendae monetae (jdS kyoo-den-dee ma-nee-tee), \nn. [Law Latin] Hist. The right ofcoining money. \njus curialitatis (jds kyoor-ee-al-Cl-tay-tis), n. [Law Latin] \nRist. The right ofcurtesy. \njus dare Ods dair-ee), vb. [Latin] To give or make the law . \n This is the function and prerogative ofthe legislature. \nCf. JUS DICERE. \njus delatum OdS di-lay-tam). [Law Latin] Scots law. A \ntransferred right. \njus deliberandi Ods di-lib-a-ran-dI), n. [Latin \"right of \ndeliberating\"] Roman & civil law. A right granted to \nan heir to take time to consider whether to accept or \nreject an inheritance. Cf. tempus deliberandi under \nTEMPUS. \njus de non appellando Ods dee non ap-a-lan-doh). [Latin] \nHist. The supreme judicial power. \njus devolutum (jds dev-a-Ioo-t;}m). [Law Latin \"a \ndevolved right\"] Scots law. The right of the presbytery \nto appoint a minister to a vacant church if a patron \nfailed to present a fit minister within six months ofthe \nvacancy. Cf. TANQUAM JURE DEVOLUTO. \njus dicere (j~s dI-s<Jr-ee), vb. [Latin] Hist. To declare or \ndecide the law . This is the function and prerogative \nof the judiciary. Cf. JUS DARE. \njus disponendi (jds dis-pCl-nen-dI), n. [Latin \"right of \ndisposing\"jThe right to dispose ofproperty; the power \nofalienation. \njus dispositivum (jas dis-poz-<J-tl-vam), n. [Latin \"law \nsubject to the disposition of the parties\"] Int'llaw. \nA norm that is created by the consent of participat\ning nations, as by an international agreement, and is binding only on the nations that agree to be bound by \nit. Cf. JUS COGENS (1). \njus distrahendi (jas dis-trd-hen-dI), n. [Latin \"right of \ndistraining\"]The right to sell pledged goods upon \ndefault. \njus dividendi (jds div-i-den-dI), n. [Latin \"right of \ndividing\"] The right to dispose of real property by \nwill. \njus divinum (j;}S di-vI-nClm). 1. See DIVINE LAW. 2. See \nNATURAL LAW. \njus domino proximum (jds dom-d-noh prok-s~-mClm). \n[Law Latin] Scots law. A right nearly equal to that of \nabsolute property; a feuholder's right. See FEU. \n\"Jus domino proximum .... Such a right is enjoyed by \none who holds lands in feu, for he is entitled to sell the \nsubjects, or alter or use them in any way he thinks proper. \nAnd yet the property is not absolutely his that is, he does \nnot hold the property so absolutely as did the superior \nfrom whom he acquired, because the land is burdened \nwith the feu-duty payable to the superior, and to this extent \nthe absolute right of property is restricted. Similar to the \nright of a feuar under our law, was that of the emphyteuta \nunder the civil law.\" John Trayner, Trayner's Latin Maxims \n304-05 (4th ed. 1894"}
{"text": ".\" John Trayner, Trayner's Latin Maxims \n304-05 (4th ed. 1894). \njus duplicatum (jas d[y]oo-pli-kay-tClm). See DROIT\nDROIT. \njus ecclesiasticum (j<Js e-klee-z[h]ee-as-ti-bm). [Law \nLatin] See ECCLESIASTICAL LAW. \njus edicendi (jas ed-i-sen-dr or ee-di-). [Latin \"right of \ndecreeing\"] Roman law. The right (esp. ofthe praetors) \nto issue edicts. See JUS PRAETORIUM. \njus et norma loquendi O<Js et nor-m;) 10h-kwen-dI). \n[Latin \"the law and rule ofspeech\"] Idiomatic language, \nincluding speech and pronunciation, as established by \nthe custom ofa particular nation. \njus exigendi (jClS ek-si-jen-dr). [Latin] Scots law. A credi\ntor's right to enforce immediate payment ofa debt. Cf. \nJUS CREDITI. \n\"For example, where a testator directs his testamentary \ntrustees to pay a certain which he has uncondi\ntionally bequeathed to the six months after his \n(the testator's) death. the legacy vests on the death of the \ntestator, and the legatee acquires then the jus crediti, but \nhe cannot enforce payment of the legacy until after the \nexpiry of the six months; he acquires the jus exigendiwhen \nthe debt has become prestable.\" John Trayner, Trayner's \nLatin Maxims 305 (4th ed. 1894). \njus ex non scripto (jas eks non skrip-toh). See unwritten \nlaw under LAW. \njusfalcandi (j~s fal-kan-dI), n. [Latin] Rist. The right of \nmowing or cutting. \njusfetiale (jas fee-shee-ay-Iee), n. [Latinll. FETIAL LAW. \n2. The law ofnegotiation and diplomacy. This phrase \ncaptured the classical notion of international law. \nAlso spelled jusfeciale. \njus fiduciarium (jClS fi-d[y]oo-shee-air-<Jm), n. [Latin] \nCivil law. A right in trust. Cf. JUS LEGITIMUM. \njusfluminum OClS floo-m<J-ndm), n. [Latin] Civil law. The \nright to use rivers. \n\n939 \njusfodiendi (j~s foh-dee-en-dr), n. [Latin] Civil law. The \nright to dig on another's land. \njusfruendi (jas froo-en-dr), n. [l.atin \"right ofenjoying\"] \nRoman & civil law. The right to use and enjoy anoth\ner's property without damaging or diminishing it. See \nUSUFRUCT. \njus futurum (jas fyoo-t[y]oor-dm), n. [Latin \"future \nright\"] Civil law. A right that has not fully vested; an \ninchoate or expectant right. \njus gentium (jas jen-shee-am). [Latin \"law ofnations\"]!. \nINTERNATIONAL LAW. 2. Roman law. Ihe body oflaw, \ntaken to be common to all civilized peoples, and applied \nin dealing with the relations between Roman citizens \nand foreigners. -Also termed jus inter gentes. \n\"The early Roman law (the jus Civile) applied only to \nRoman citizens. It was formalistic and hard and reflected \nthe status of a small, unsophisticated society rooted in \nthe soil. It was totally unable to provide a relevant back \nground for an expanding, developing nation. This need \nwas served by the creation and progressive augmentation \nofthejus gentium. This provided simplified rules to govern \nthe relations between foreigners, and between foreigners \nand citizens .... The progressive rules of the jus gentium \ngradually overrode the narrow jus civile until the latter \nsystem ceased to exist. Thus, the jus gentium became the \ncommon law of the Roman Empire and was deemed to be \nof universal application.\" Malcolm N. Shaw, International \nLaw 15 (4th ed. 1997). \njusgentium privatum (jds jen-shee-dm pn-vay-tdm). See \nprivate international law under INTERNATIONAL LAW. \njus gentium publicum OdS jen-shee-am pab-li-kam). See \nINTERNATIONAL LAW. \njus gladii (jds glad-ee-I). [Latin \"right of the sword\"] \nRoman law. The executory power of the law, esp. for \nprovincial governors; the power or right to inflict the \ndeath penalty. -This term took on a similar meaning \nunder English law. -Also termed potestas gladU. \n\"And the prosecution of these offences is always at the suit \nand in the name of the king, in whom, by the texture of our \nconstitution, the jus gladii, or executory power of the law, \nentirely resides.\" 4 William Blackstone, Commentaries on \nthe Laws of England 177 (1765). \njus habendi (jas ha-ben-dr), n. [I.atin] Civil law. The right \nto have a thing; the right to be put in actual possession \nofproperty. \njus haereditatis (jas h<J-red-a-tay-tis), n. [Latin] Civil law. \nThe right ofinheritance. \njus hauriendi OdS haw-ree-en-dr), n. [Latin] Civil law. \nThe right ofdrawing water. \njus honorarium (jas [h]on-d-rair-ee-am). [Latin \"mag\nisteriallaw\"] Roman law. The body oflaw established \nby the edicts of magistrates, esp. the praetors (jus \npraetorium) and the aediles (jus aedilium). -In the \nRoman Republic, the term sometimes referred col\nlectively to all the proclamations of magistrates of \nthe Roman Republic, such as the consuls, praetors, \naediles, quaestors, censors, provincial governors, and \npontiflces. Although these magistrates were not legis\nlators, they were entitled and indeed bound to declare \nby edict how they proposed to administer justice, and jus legitimum \ntheir edicts were a supplementary source oflaw. - Also \ntermed edicta magistratuum. \njus honorum (j;)S [h]d-nor-am). [Latin] Roman law. The \nright of a citizen to hold public office, whether civil, \nmilitary, or sacred. Cf. JUS SUFFRAGII. \njus imaginis (jds ;)-maj-a-nis). [Latin] Roman law. The \nright to use or display pictures or statues of ances\ntors. -The right was restricted to upper-class Roman \ncitizens. \njus immunitatis (jds i-myoo-na-tay-tis), n. [Latin \"law \nof immunity\"] Civil law. Exemption from the burden \nof public office. \njus incognitum (jds in-kog-na-tam), n. [Latin] Civil law. \nAn unknown or obsolete law. \njus incorporale OdS in-kor-pa-ray-Iee). [Latin] Hist. An \nincorporeal right. See INCORPOREAL. \njus individuum OdS in-da-vij-oo-am), n. [Latin] An \nindividual or indivisible right; a right that cannot be \ndivided. \njus in personam (jds in p<lr-soh-n<lm), n. [Latin \"right \nagainst a person\"] A right ofaction against a particu\nlar person to enforce that person's obligation. -Also \ntermed jura in personam. See right in personam under \nRIGHT. \njus in re U<lS in ree), 11. [Law l.atin \"right in or over a \nthing\"] A right in property valid against anyone in the \nworld; a complete and perfect right to a thing. -Also \ntermed jus in rem; jura in rem. Cf. JUS AD REM. \njus in re aliena OdS in ree ay-Iee-ee-nd or al-ee-), n. [Latin] \nAn easement or right in or over another's property; \nENCUMBRANCE. Also termed right in re aliena. \njus in rem OdS in rem), n. [btin \"right to a thing\"] See \nJUS IN RE. \njus in re propria OdS in ree proh-pree-d), n. [Latin] The \nright ofenjoyment that is incident to full ownership of \nproperty; full ownership itself. -Also termed right \nin re propria. \njus inter gentes (jas in-tdr jen-teez), n. [I.atin \"law among \nnations\"] See JUS GENTIUM. \njus Italicum (jas I-tal-a-kdm). [l.atin] Roman law. A \nprivilege granted by the emperor to cities outside Italy, \ngiving them the status of communities within Italy. _ \nThis privilege included the right to own land by quiri\ntarlan title. \njus itineris (jds I-tin-;)-ris). [Latin] Roman law. A rustic \npraedial servitude granting the right to pass over an \nadjoining property on foot or horseback. \njusjurandum (j;)s-juu-ran-ddm), n. [Latin] An oath. See \nJURAMENTUM. \njus Latij O;)S lay-shee-I). [Latin] Roman law. Rights \ngranted to a citizen ofa Roman colony. -The colonial \ncitizen's status was midway between peregrine and full \ncitizen of Rome. -Also termed jus Latium. \njus legitimum (jds ld-jit-d-mam), n. [Latin] Civil law. A \nright enforceable in law. Cf. JUS FIDUCIARIUM. \n\njus liberorum 940 \njus liberorum (jdS lib-d-ror-dm). [Latin \"right of \nchildren\"] Roman law. A privilege conferred on a \nparent who has several children; esp., the immunity \nfrom compulsory guardianship (tutela) given to a \nwoman with three or more children. -Also termed \njus trium liberorum. \njus liquidissimum (jds lik-wi-dis-i-mdm). [Latin] \nMaritime law. The principle that a salvager is entitled to \na reward for saving life or property imperiled at sea. \njus mariti (jds mah-ree-tI or md-rI-tI). [Law Latin] \nScots law. Hist. The outmoded right under which a \nhusband acquired ownership ofall his wife's movable \nproperty. \njus merae facultatis (jds meer-ee fak-dl-tay-tis). [Law \nLatin] Hist. A right of mere power; a right of power \nmerely to act. \njus merum (jds meer-dm). See MERE RIGHT. \njus moribus constitutum OdS mor-d-bds kon-std-t[y] \noo-tdm). [Latin] See unwritten law under LAW. \njus naturae OdS nd-t[y]oor-ee). [Latin] See NATURAL \nLAW. \njus naturale (jds nach-d-ray-Iee). [Latin] See NATURAL \nLAW. \njus navigandi (jds nav-d-gan-dI), n. [Latin] Civil law. The \nright of navigation; the right ofcommerce by sea. \njus necessitatis (jds nd-ses-i-tay-tis), n. [Latin] A person's \nright to do what is required for which no threat oflegal \npunishment is a dissuasion . This idea implicates the \nproverb that necessity knows no law (necessitas non \nhabet legem), so that an act that would be objectively \nunderstood as necessary is not wrongful even if done \nwith full and deliberate intention. \njus nobilius Ods noh-bil-ee-ds). [Law Latin] Hist. A \nsuperior right. \njus non decrescendi (jds non dee-kre-sen-dI). [Law Latin] \nScots law. The right ofnot suffering diminution. Cf. JUS \nACCRESCENDI. \njus non sacrum OJS non say-krdm). [Latin \"nonsacred \nlaw\"] Hist. The body oflaw regulating the duties of a \ncivil magistrate in preserving the public order. Cf. JUS \nSACRUM. \njus non scriptum (jds non skrip-t<lm). See unwritten law \nunder LAW. \njus novum (jds noh-vdm). [Latin] Roman law. The new \nlaw; the law ofthe later Roman empire. -Also termed \nleges. See LEX. Cf. JUS ANTIQUL'M. \njus obligation is (jJS ob-li-gay-shee-oh-nis). [Law Latin \n\"a right of obligation\"] Hist. A personal right. See JUS \nAD REM. \njus offerendi (jds ahf-or awf-d-ren-dI). [Latin] Roman \nlaw. The right of subrogation; the right to succeed to a \nsenior creditor's lien and priority upon tendering the \namount due to that creditor. Also termed jus offer\nendae pecuniae. jus oneris ferendi (jds on-doris fd-ren-dl). [Latin] Roman \nlaw. An urban praedial servitude granting the right for \none's own house to be supported by a neighbor's . The \nservitude was exceptional in requiring a positive duty \nofthe servient owner. \njus pascendi OJS pd-sen-dr}. See servitus pascendi under \nSERVITUS. \njus patronatus O<lS pa-trd-nay-tds), n. [Latin] Eccles. law. \n'Ihe right of patronage; the right to present a clerk to \na benefice. \njus persequendi in judicio quod sib; debetur Ods pdr\nsd-kwen-dr in joo-dish-ee-oh kwod sib-l deb-d-tdr). \n[Latin] Roman law. The right of suing before a court \nfor that which is due to us . The phrase is Justinian's \ndefinition ofan action. \njus personarum OJS pJr-sd-nair-dm), n. [Latin \"law \nof persons\"] Civil law. The law governing the rights \nof persons having special relations with one another \n(such as parents and children or guardians and wards) \nor haVing limited rights (such as aliens or incompetent \npersons). See LAW OF PERSONS. Cf. JUS RERUM. \njus pignoris O<lS pig-nd-ris). [Latin \"the right ofpledge\"] \nRoman law. A creditor's right in the property that"}
{"text": "-nd-ris). [Latin \"the right ofpledge\"] \nRoman law. A creditor's right in the property that a \ndebtor pledges to secure a debt. \njus poenitendi (ids pen-i-ten-dI), n. [Latin] The right to \nrescind or revoke an executory contract when the other \nparty defaults. \njus portus OJS por-tds), n. [Latin] Civil & maritime law. \nThe right ofport or harbor. \njus positivum <ids poz-i-tiv-dm). See POSITIVE LAW. \njuspossessionis OJS pd-zes[h]-ee-oh-nis), n. [Latin] Civil \nlaw. A right of which possession is the source or title; \na possessor's right to continue in possession. Cf. JUS \nPROPRIETA TIS. \njus possidendi Ods pos-d-den-dI), 11. [Latin] Civil law. \nA person's right to acquire or to retain possession; an \nowner's right to possess. \njus postliminii (jds pohst-Id-min-ee-I). [Latin] See \nPOSTLIMINmM. \njus praesens (jds pree-senz or -zenz), 11. [Latin \"present \nright\"] Civil law. A right that has been completely \nacquired; a vested right. \njus praetorium O<lS pri-tor-ee-dm). [Latin \"law of the \npraetors\"] Roman law. The body of law developed \nthrough the edicts ofthe praetors . This was the main\nspring of Republican reform. See PRAETOR; EDICTUM \nPRAETORIS; JUS HONORARIUM. \njus praeventionis OJS pree-ven-shee-oh-nis). [Law Latin \n\"a right of preference\"] Scots law. A court's jurisdic\ntional superiority by virtue of being the first court to \nexercise its jurisdiction in a case. \njus precarium (jds pri-kair-ee-dm), n. [Latin] Civil law. \nA right to a thing held for another, for which there \nwas no remedy by legal action but only by entreaty or \nrequest. \n\n941 jus scriptum \njus presentationis OdS prez-dn-tay-shee-oh-nis), n. \n[Latin] Civil law. The right to present a clerk to a \nchurch. \njus primae noctis Ods prJ-mee nok-tis). [Latin \"right of \nfirst night\"] See DROIT DU SEIGNEUR. \njus privatum (j<'lS pn-vay-tdm), n. [Latin \"private law\"] \n1. Roman & civil law. Private law, consisting of all the \nbranches oflaw that regulate the relations of citizens \nto one another, including family law, property, obliga\ntions, and testate and intestate succession. 2. The right, \ntitle, or dominion of private ownership. See PRIVATE \nLAW. Cf. JUS PUBLICUM. \njus projiciendi (jds prd-jish-ee-en-dI), n. [Latin] Civil \nlaw. A servitude granting the right to build a projection \n(such as a balcony) from one's house in the open space \nbelonging to a neighbor. \njus proprietatis (jds prd-pn-d-tay-tis), n. [Latin) Civil \nlaw. A right in property based on ownership rather \nthan actual possession. Cf. JUS POSSESSIONIS. \njus protegendi (jds proh-td-jen-dI), n. [Latin] Civil law. A \nservitude granting the right to make the roof or tiling \nof one's house extend over a neighbor's house. \njus provocationis (jdS prov-d-kay-shee-oh-nis). [Latin] \nRoman law. The right possessed by every Roman citizen \nto appeal to the people in their Comitia, or later the \nemperor, from the infliction of summary punish\nment by a magistrate (coercitio) .  Modern romanists \ndisagree about the precise meaning of this term. \nAlso termed jus provocatio. \njus publicum (jdS pdb-li-bm), n. [Latin \"public law\"] 1. \nRoman & civil law. Public law, consisting of constitu\ntionallaw, administrative law, criminal law and proce\ndure, and the law relating to sacred rites (jus sacrum). 2. \nThe right, title, or dominion ofpublic ownership; esp., \nthe government's right to own real property in trust for \nthe public benefit. See PUBLIC LAW. Cf. JUS PRIVATUM. \njus quaesitum OdS kwi-sI-t;)m or -zI-t<lm), n. [Latin) Civil \nlaw. 1. A right to ask or recover, as from one who is \nunder an obligation. 2. An acqUired right. \njus quaesitum tertio OdS kwi-sI-tdm t;Jr-shee-oh). [Law \nLatin) Scots law. A contractual right conferred on a \nthird party. A third-party right may be conferred \non a specified individual or on an identifiable class of \npeople. \n\"Where, in a contract between two parties, a stipulation is \nintroduced in favour of a third, who is not a contracting \nparty. the right thus created is said to be jus quaesitum \ntertio. Such a right. generally speaking, cannot be recalled \nby the contracting parties, and the third party. so far as he \nis concerned. may require exhibition and implement of the \ncontract.\" William Bell. Bell's Dictionary and Digest of the \nLaws of Scotland 622 (George Watson ed., 7th ed. 1890). \njus quiritium (j<lS kwi-rI-shee-dm). [Latin) Roman law. \nlhe ancient, primitive law of the Romans before the \ndevelopment ofthe jus praetorium and the jus gentium; \nthe original jus civile. \njus recuperandi (j<lS ri-k[y)oo-pd-ran-dI), n. [Latin] Civil \nlaw. The right ofrecovering, esp. lands. jus regale (jds ri-gay-Iee). [Law Latin] Scots law. A royal \nright; a sovereign's right. \njus regendi OdS ri-jen-dI}, n. [Law Latin) A proprietary \nright vested in a sovereign. \njus relictae O;)S ri-Iik-tee), n. [Law Latin \"right of a \nwidow\"] Civil & Scots law. A widow's claim to her \nshare of her deceased husband's movable estate . If \nthe widow has children, her share is one-third; if not, \nher share is one-half. \njus relicti (jds ri-lik-tI), n. [Law Latin \"right ofa widower\") \nCivil & Scots law. A widower's right in his deceased \nwife's separate movable estate, historically two-thirds \nif there were surviving children, and otherwise one\nhalf. Under the Married Women's Property Act of 1881, \nthe amount became one-third in the case ofsurviving \nchildren, and otherwise one-half. \njus repraesentationis (jds rep-ri-zen-tay-shee-oh-nis), \nn. [Latin] Civil law. The right to represent or be repre\nsented by another. \njus rerum (j<'lS reer-am), n. [Latin \"law of things\"] \nCivil law. The law regulating the rights and powers \nof persons over things, as how property is acquired, \nenjoyed, and transferred. See LAW OF THINGS. Cf. JUS \nPERSONARUM. \njus respondendi OdS ree-spon-den-dr). [Latin \"the right \nof responding\"] Roman law. The authority conferred \non certain jurists when delivering legal opinions. \nModern romanists disagree about the precise meaning \nofthis term. \njus retentionis (jas ri-ten-shee-oh-nis), 11. [Latin) Civil \nlaw. The right to retain a thing until the delivery of \nsomething else that the person retaining the thing is \nentitled to. \njus retinendi et insistendi (j<'lS ret-i-nen-dr et in-sis-ten\ndI). [Law Latin] Scots law. A right ofretention and of \ninsisting. The phrase usu. referred to a seaman's right \nto recover wages both by taking a lien against the ship \nand by proceeding against the owner for payment. \njus retractus (jdS ri-trak-tas), n. [Latin \"the right of \nretraction\"] Civil law. 1. The right ofcertain relatives of \none who has sold immovable property to repurchase it. \n2. A debtor's right, upon sale ofthe debt by the creditor, \nto have a third person redeem it within a year for the \nprice paid by the purchaser. \njus rusticorum praediorum. See rural servitude under \nSERVITUDE (2). \njus sacrum (jdS say-kram). [Latin \"sacred law\"] Roman \nlaw. The body of law regulating matters of public \nworship, such as sacrifices and the appointment of \npriests. Cf. JUS NON SACRUM. \njus sanguinis (jds sang-gwd-nis), n. [Latin \"right of \nblood\"] The rule that a child's citizenship is determined \nby the parents' citizenship . Most nations follow this \nrule. Cf. JUS SOLI. \njus scriptum (j<'lS skrip-tam). [Latin] See written law \nunder LAW. \n\n942 jus sib; dicere \njus sibi dicere {jas sib-r dI-sar-ee). [Latin] Hist. To \ndeclare the law for oneself; to take the law into one's \nown hand. \njus singulare (jas sing-gya-lair-ee), n. [Latin \"individual \nlaw\"] Roman & civil law. A law or right established for \nspecial purposes, as opposed to the common or public \nlaw or right. Cf. JUS COMMUNE (1). \njus soli (jJS soh-h), n. [Latin \"right ofthe soil\") The rule \nthat a child's citizenship is determined by place ofbirth. \n This is the U.S. rule, as affirmed by the 14th Amend\nment to the Constitution. Cf. JUS SANGUINIS. \njus spatiandi (jas spay-shee-an-dI), n. [Latin \"right \nof walking about\"] Civil law. lhe public's right-of\nway over specific land for purposes of recreation and \ninstruction. \njus stapulae OJS stay-pYJ-lee), n. [Law Latin \"right of \nstaple\"] Civil law. A town's right or privilege ofstopping \nimported merchandise and forcing it to be offered for \nsale in its own market. See STAPLE. \njus strictum (jas strik-tJm). [Latin \"strict law\"] Roman \nlaw. Law rigorously interpreted according to the \nletter. -Also termed strictum jus. See STRICTI JURIS. \nCf. JUS AEQUUM. \njus suffragii (jas sd-fray-jee-l). [Latin) Roman law. The \nright ofa citizen to vote. Cf. JUS HONORUM. \njust, adj. (14c) Legally right; lawful; equitable. \njusta causa (j<lS-tJ kaw-za), n. [Latin] Civil law. A just \ncause; a lawful ground. See good cause under CAUSE \n(2). \njustae nuptiae (j<ls-tee n<lp-shee-ee). [Latin \"legal \nmarriage\"J Roman law. A marriage between two \npersons who had the legal capacity to wed. Justae \nnuptiae was the only union that created the familial \nrelationship known as patria potestas. Also termed \njustum matrimonium. See patria potestas under \nPOTESTAS. Cf. CONCUBINATUS. \n\"Iustae nuptiae is such a marriage as satisfies all the rules \nof civil law. Any marriage between two persons who had \nthe capacity of civil marriage with each other (conubium) \nwas necessarily iustae nuptiae, for if the union was defec\ntive in any other respect it was no marriage at all. On the \nother hand, if there was no conubium between the parties \nit might still be actually a marriage (nuptiae, nuptiae non \niustae), the wife being uxor non iusta, the children libe!'i \nnon iusti. Such a marriage, in which one party at least \nwould not be a cMs, did not produce patria potestas over \nchildren ....\" W.W. Buckland, A Manual of Roman Private \nLaw 63-64 (2d ed. 1953), \njus talionis. See LEX TALIONIS. \n;ust-as-probable rule. Workers' compensation. A doctrine \nwhereby a workers' -compensation claim will be denied \nifit is equally likely that the injury resulted from a non\nwork-related cause as from a work-related cause. [Cases: \nWorkers' Compensation \njust cause. See good cause under CAUSE (2). \njust compensation. See COMPENSATION. \nJust Compensation Clause. See TAKINGS CLAUSE. just deserts (di-zarts). (16c) What one really deserves; \nesp., the punishment that a person deserves for having \ncommitted a crime. -Also termed deserts. \njus tertii (jas tar-shee-l), n. [Latin)l. 'The right ofa third \nparty. [Cases: Action C=>13; Federal Civil Procedure \n<.:-~, 103.4.J \n\"[Nlo defendant in an action of trespass can plead the jus \ntertii -the right of possession outstanding in some third \nperson ~as against the fact of possession in the plaintiff.\" \nR.F.V. Heuston, Salmond on the Law of Torts 46 (17th ed. \n1977) . \n2. The doctrine that, particularly in constitutional law, \ncourts do not decide what they do not need to decide. \n\"jus tertii ... says nothing about the nature of legal \nargument on the merits of a case once formed, but as \na symbol for the separability of cases is a useful term of \nart. Translated, however, it reads 'right of a third person.' \nIt may once have been associated with a presumption of \ncommon-law jurisprudence that one cannot be harmed \nby an action that achieves its effect through effects upon \nothers, cannot be 'indirectly' harmed,\" Joseph Vining, Legal \nIdentity 120 (1978). \njustice. (17c) 1. The fair and proper administration of \nlaws. \ncommutative justice (b-myoo-ta-tiv or kom-YJ\ntay-tiv). (1856) Justice concerned with the rela\ntions between"}
{"text": "-ta-tiv or kom-YJ\ntay-tiv). (1856) Justice concerned with the rela\ntions between persons and esp. with fairness in the \nexchange ofgoods and the fulfillment ofcontractual \nobligations. \ncondign justice. An outcome according to what the \nlitigants deserve; esp., justice based on the kind and \ndegree of punishment that is appropriate for a given \noffense. \ndistributive justice. (16c) Justice owed by a commu\nnity to its members, including the fair allocation \nof common advantages and sharing of common \nburdens. \nJedburgh justice (jed-bJr-J). A brand ofjustice involv\ning punishment (esp. execution) first and trial after\nwards . The term alludes to Jedburgh, a Scottish \nborder town where in the 17th century raiders were \nsaid to have been hanged without the formality of a \ntrial. Jedburgh justice differs from lynch law in that \nthe former was administered by an established court \n(albeit after the tact). -Also termed Jeddart ;ustice; \nJedwood justice. Cf. LIDFORD LAW; LYNCH LAW. \njustice in personam. See personal justice. \njustice in rem. See social justice. \nnatural justice. Justice as defined in a moral, as opposed \nto a legal, sense. -Also termed justitia naturalis. Cf. \nNATURAL LAW. \n\"Although the judges have frequently asserted that \na foreign judgment which contravenes the principles \nof natural justice cannot be enforced in England, it is \nextremely difficult to fix with precision the exact cases \nin which the contravention is sufficiently serious tojustify \na refusal of enforcement. Shadwell v.-c. once said that \n'whenever it is manifest that justice has been disregarded, \nthe court is bound to treat the decision as a matter of no \nvalue and no substance.' [Price v. Dewhurst, 8 Sim 279, 302 \n(1837).] But this goes too far.... The expression 'contrary \n\n943 \nto natural justice' has, however, figured so prominently in \njudicial statements that it is essential to fix, if possible, its \nexact scope. The only statement that can be made with any \napproach to accuracy is that in the present context, the \nexpression is confined to something glaringly defective in \nthe procedural rules of the foreign law .... In other words, \nwhat the courts are vigilant to watch is that the defendant \nhas not been deprived of an opportunity to present his \nside of the case.\" G.c. Cheshire, Private International Law \n675 (6th ed. 1961). \npersonal justice. (16c) Justice between parties to a \ndispute, regardless of any larger principles that might \nbe involved. Also termed justice in personam; \npopular justice; social justice. \npopular justice. (17c) Demotic justice, which is usu. \nconsidered less than fully fair and proper even though \nit satisfies prevailing public opinion in a particular \ncase. Cf. social justice. \n\"Nothing is more treacherous than popularjustice in many \nof its manifestations, subject as it is to passion, to fallacy, \nand to the inability to grasp general notions or to distin\nguish the essential from the inessential.\" Carleton K. Allen, \nLaw in the Making 387 (7th ed. 1964). \npositive justice. (l7c) Justice as it is conceived, recog\nnized, and incompletely expressed by the civil law or \nsome other form of human law. Cf. POSITIVE LAW. \npreventive justice. Justice intended to protect against \nprobable future misbehavior. -Specific types of \npreventive justice include appointing a receiver or \nadministrator, issuing a restraining order or injunc\ntion, and binding over to keep the peace. \nsocial justice. (1902) 1. Justice that conforms to a moral \nprinciple, such as that all people are equal. 2. One \nor more equitable resolutions sought on behalf of \nindividuals and communities who are disenfran\nchised, underrepresented, or otherwise excluded \nfrom meaningful partiCipation in legal, economic, \ncultural, and social structures, with the ultimate \ngoal ofremoving barriers to participation and effect\ning social change. Also termed justice in rem. Cf. \npersonal justice; CAUSE LAWYERING. \nsubstantial justice. (l7c) Justice fairly administered \naccording to rules of substantive law, regardless of \nany procedural errors not affecting the litigant's sub\nstantive rights; a fair trial on the merits. \n2. A judge, esp. of an appellate court or a court oflast \nresort. -Abbr. J. (and, in plural, JJ. [Cases: Judges \n1.] \nassociate justice. (lSc) An appellate-court justice other \nthan the chief justice. \nchiefjustice. (I5c) The presiding justice of an appellate \ncourt, usu. the highest appellate court in a jurisdic\ntion and esp. the U.S. Supreme Court. -Abbr. c.J. \ncircuit justice. (18c) 1. A justice who sits on a circuit \ncourt. 2. A U.S. Supreme Court justice who has juris\ndiction over one or more of the federal circuits, with \npower to issue injunctions, grant bail, or stay exe\ncution in those circuits. [Cases: Federal Courts C=> \n446.} justiciability \ncircuit-riding justice. Hist. A U.S. Supreme Court \njustice who, under the Judiciary Act of 1789, was \nrequired to travel within a circuit to preside over \ntrials. _ In each of three circuits that then existed, \ntwo justices sat with one district judge. See CIRCUIT\nRIDING. \n3. Hist. Judicial cognizance ofcauses or offenses; juris\ndiction. \nhigh justice. Hist. Jurisdiction over crimes of every \nkind, including high crimes. \nlow justice. Hist. Jurisdiction over petty offenses. \njustice-broker. Archaic. A judge who sells judicial deci\nsions. \njustice court. See COCRT. \njustice ejectment. See EJECTMENT. \njustice in eyre (air). Hist. One ofthe itinerant judges who, \nin medieval times, investigated allegations of wrongdo\ning, tried cases, and levied fines. -Also termed justicia \nerrante;justiciar in itinere. See EYRE. \njusticement. Archaic. 1. The administration ofjustice. \n2. (pl.) All things relating to justice. \njustice of the peace. (lSc) A local judicial officer having \njurisdiction over minor criminal offenses and minor \ncivil disputes, and authority to perform routine civil \nfunctions (such as administering oaths and performing \nmarriage ceremonies). -Abbr. J.P. Cf. MAGISTRATE \n(3). [Cases: Justices of the Peace C:=> 1, 31.] \n;ustice-of-the-peace court. See justice court under \nCOURT. \njustice of the quorum. 1. A judge on a panel desig\nnated to hear appeals. -In Massachusetts, the panel is \nsometimes called a quorum. 2. Hist. A county justice \nor justice of the peace, designated by the governor in a \ncommission of peace, who had to be present or else a \ncourt could not sit. 3. Hist. A distinction conferred on \na justice of the peace by directing in the commis\nsion authorizing the holding of quarter sessions that \nfrom among those holding court must be two or more \nspecially so named. -The distinction was conferred on \nsome, or occasionally all, of the justices ofthe peace of \na county in England. \njusticer, n. Archaic. One who administers justice; a \njudge. \njusticeship. 1. Ihe office or authority of a justice. 2. The \nperiod ofa justice's incumbency. \njustice's warrant. See peace warrant under WARRANT \n(1). \njusticiability Oa-stish-ee-a-bil-a-tee orja-stish-a-bil-a\ntee), n. (15c) The quality or state of being appropriate \nor suitable for adjudication by a court. See MOOTNESS \nDOCTRINE; RIPENESS. Cf. STANDING. [Cases: Action \n6; Federal Courts C:=> 12.1.] \n\"Concepts ofjusticiability have been developed to identify \nappropriate occasions for judicial action.... The central \nconcepts often are elaborated into more specific categories \nofjusticiability -advisory opinions, feigned and collusive \ncases, standing, ripeness, mootness, political questions, \n\n944 justiciable \nand administrative questions.\" 13 Charles Alan Wright et \naI., Federal Practice and Procedure  3529, at 278-79 (2d \ned.1984). \njusticiable (jd-stish-ee-d-bd] or jds-tish-d-bdl), adj. (Of \na case or dispute) properly brought before a court of \njustice; capable of being disposed of judicially <a jus\nticiable controversy>. [Cases: Action C=,6; Federal \nCourts \njusticia errante. See J\"GSTICE IN EYRE. \njusticiar (jd-stish-ee-dr), n. 1. Hist. A royal judicial \nofficer in medieval England; esp., a justice presiding \nover a superior court. 2. JUSTICIARY (2). Also spelled \njusticier. \njusticiarii itinerantes (jds-tish-ee-air-ee-I J-tin-d-ran\nteez), n. [Latin \"itinerant justices\") Justices in eyre. See \nJUSTICE IN EYRE. \njusticiarii residentes (jds-tish-ee-air-ee-I rez-i-den-teez), \nn. [Latin \"resident justices\"] Hist. Justices who usu. held \ncourt in Westminster, as opposed to traveling with the \neyre. Cf. EYRE. \njusticiar in itinere. See JUSTICE IN EYRE. \njusticiary (j;:l-stish-ee-er-ee), adj. Of or relating to the \nadministration of justice; pertaining to the law. See \nHIGH COURT OF JUSTICIARY. \njusticiary (ja-stish-ee-er-ee), n. 1. A justice or judge. 2. \nHist.The chief administrator ofboth government and \njustice. From the time of the Norman Conquest in \n1066 until the reign ofHenry III (1216-1272), the jus\nticiary presided in the King's Court and in the Exche\nquer, supervising all governmental departments and \nserving as regent in the king's absence. These functions \nwere later divided among several officials such as the \nLord Chancellor, the ChiefJustice, and the Lord High \nTreasurer. Also termed justiciar; chief justiciar; cap\nitalis justiciarius. 3. Scots law. The administration of \njustice, esp. ofcriminal law. \njusticier. See JUSTICIAR. \njusticies (ja-stish-ee-eez). Hist. A writ empowering the \nsheriff to allow certain debt cases in a county court.  \nThe writ was so called because of the Significant word \nin the writ's opening clause, which stated in Latin, \n\"We command you that you do justice to [a person \nnamed].\" \njusticing room. Hist. A room in which cases are heard \nand justice is administered; esp., such a room in the \nhouse of a justice of the peace. \njustifiable, adj. Capable ofbeing legally or morally justi\nfied; excusable; defensible. \njustifiable homicide. See HOMICIDE. \njustifiable war. See BELLUM JUSTUM. \njustification, n. (l4c) 1. A lawful or sufficient reason for \none's acts or omissions; any fact that prevents an act \nfrom being wrongful. 2. A showing, in court, ofa suffi\ncient reason why a defendant acted in a way that, in the \nabsence ofthe reason, would constitute the offense with \nwhich the defendant is charged . Under the Model Penal Code, the defendant must show that the harm \nor evil that resulted from taking the action was less \nthan the harm or evil that the law creating the offense \ncharged was seeking to prevent. Model Penal Code \n 3.02. Also termed justification defense; necessity \ndefense. See lesser-evils defense under DEFENSE (1). \n[Cases: Criminal Law C:::::> 38.] 3. A surety's proof of \nhaving enough money or credit to provide security for \nthe party for whom it is required. -justify, vb. jus\ntificatory (jas-ti-fi-k<l-tor-ee), adj. \n\"'A little bit of history: the term 'justification' was formerly \nused for cases where the aim of the law was not frustrated, \nwhile 'excuse' was used for cases where It was not thought \nproper to punish. Killing a dangerous criminal who had \ntried to avoid arrest was justified, since the law (if one may \npersonify) wished this to happen, whereas killing in self\ndefence was merely excused. The distinction was important \nbecause justification was a defence to the criminal charge \nwhile an excuse was not, being merely the occasion for a \nroyal pardon. By the end of the middle ages (it is difficult \nto assign a fixed date) even excuses were recognised by \nthe courts, since when there has been no reason to distin \nguish between justification and excuse.\" Glanville Williams, \nTextbook ofCriminal Law 39 (1978). \ndefensive-force justification. A justification defense \navailable when an aggressor has threatened harm \nto the particular interest that is the subject of the \ndefense usu. to the actor (self-defense), to other \npersons (defense of others), or to property (defense \nof property). [Cases: Assault and Battery ~67,68; \nHomicide ~757,758, 766-809.] \nimperfect justification. (1853) A reason or cause that \nis insufficient to completely justify a defendant's \nbehavior but that can be used to mitigate criminal \npunishment. [Cases: Sentencing and Punishment \n~72.) \njudicial-authority justification. A justification defense \navailable when an actor has engaged in conduct con\nstituting an offense in order to comply with a court \norder. [Cases: Assault and BatteryC=64; Homicide \nC=)756.] \npublic-authority justification. A justification defense \navailable when an actor has been specifically autho\nrized to engage in the conduct constituting an offense \nin order to protect or further a public interest. [Cases: \nAssault and Battery ~64;Homicide \njustification defense. Criminal & tort law. A defense that"}
{"text": "ases: \nAssault and Battery ~64;Homicide \njustification defense. Criminal & tort law. A defense that \narises when the defendant has acted in a way that the \nlaw does not seek to prevent . Traditionally, the follow\ning defenses were justifications: consent, self-defense, \ndefense ofothers, defense ofproperty, necessity (choice \nofevils), the use offorce to make an arrest, and the use \nofforce by public authority. Sometimes shortened \nto justification. Cf. EXCUSE (2). [Cases: Action \nCriminal Law Torts ~121.] \njustificator (jas-td-fi-kay-tar). Hist. 1. A compurgator; a \nperson who testifies under oath in defense of an accused \nperson. 2. A juror. \nJustinian Code (jds-tin-ee-;:ln). Roman law. A collection \nofimperial constitutions drawn up by a commission of \nten persons appointed by the Roman emperor Justinian, \n\n945 \nand published in A.D. 529. eTen jurists, headed by Tri\nbonian, carried out the project beginning in February \nA.D. 528 and ending in April 529. It replaced all prior \nimperial law, but was in force only until A.D. 534, when \nit was supplanted by a revision, the Codex Repetitae \nPraelectionis. The precise contents of the first work \nare unknown. But the second work, containing the 12 \nbooks ofthe revised code, includes the imperial consti\ntutions ofthe Gregorian, Hermogenian, and Theodo\nsian Codes, together with later legislation, revised and \nharmonized into one systematic whole. It deals with \necclesiastical law, criminal law, administrative law, and \nprivate law. In modern writings, the A.D. 534 version \nis the work referred to as the Justinian Code. -Also \ntermed Justinianean Code (jas-tin-ee-an-ee-;m); Code \nofJustinian; Codex Justinianus (koh-deks-jas-tin-ee\nay-nas); Codex Vetus COld Code\"); Codex Iustinianus \nRepetitae Praelectionis. \n\"By the time when the Digest and Institutes had been com\npleted it was obvious that the Codex, published little more \nthan four years earlier, was incomplete, since in the interval \njustinian ... had promulgated other new constitutions. \nTribonian, therefore, was appointed to revise the Code, \nso as to bring it fully up to date, and at the end of the \nyear A.D. 534 this new Code, known as the Codex Repeti\ntae Praelectionis, was promulgated, and is the only Code \nwhich survives to the present day. justinian seem to have \nlaboured under the erroneous impression that the system \nhe had framed would be adequate for all time. But as there \nis nothing static about law, further legislative enactments, \ntermed Novellae Constitutiones, were issued during his \nreign.... In modern times justinian's various compilations \ncame to be called collectively the Corpus Juris Civilis: the \nCorpus being regarded as a single work, made up of the \nInstitutes, the Digest, the Codex Repetitae Praelectionis, \nand the Novels.\" R.W. Leage, Roman Private Law 44 (C.H. \nZiegler ed., 2d ed. 1930). \nJustinianist (j<l-stin-ee-a-nist), n. 1. One who is knowl\nedgeable about the Institutes of Justinian_ 2. One who \nhas been trained in civil law. \nJustinian's Institutes. See INSTITUTE. \njustitia (jds-tish-ee-<l), n. [Latin] Justice. \njustitia denegata (jas-tish-ee-a dee-na-gay-ta). See \nDENIAL OF JUSTICE. \njustitia naturalis (jas-tish-ee-<l nach-d-ray-lis). See \nnatural justice under rUSTICE (1). \njustitium (jas-tish-ee-am), n. [Latin] Civil law. A suspen\nsion or intermission ofthe administration ofjustice in \nthe courts, as for vacation time. \njusto tempore (jas-toh tem-pa-ree). [Latin \"at the right \ntime\"] Hist. In due time. \njus tripertitum (jds trr-p<lr-tI-tdm). [Latin \"law in three \nparts\"] Roman law. The law ofwills in the time of Jus\ntinian, deriving from the praetorian edicts, from the \ncivil law, and from the imperial constitutions. See tes\ntamentum tripertitum under TESTAMENTUM. \njus trium liberorum (jds tn-am lib-d-ror-dm). [Latin] \nSee JUS LIBERORUM. \njust title. See TITLE (2). \njustum matrimonium. See JUSTAE NUPTIAE. Juvenile Delinquency Prevention Act \njust value. See fair market value under VALUE (2). \njust war. 1. BELLUM JUSTUM. 2. See rUST-WAR DOCTRINE. \njust-war doctrine. Int'llaw. The principle that a war \nshould have a morally and legally sufficient cause, and \nmust be conducted with restraint.  Precisely what is \nmorally or legally sufficient depends on the norms of \na time and place. Over the centuries the doctrine has \nbeen invoked to justify wars waged in self-defense, to \navenge injuries and punish wrongs, and over religious \ndifferences. Restraint means that the least amount of \nforce possible under the circumstances should be used \nand only when necessary. Also termed just-war \ntheory. See BELLUM JUSTUM. \njus urbanorum praediorum. See urban servitude (2) \nunder SERVITUDE (2). \njus utendi (jdS yoo-ten-dI), n. [Latin \"right of using\"] \nRoman & civil law. The right to use another's property \nwithout consuming it or destroying its substance. See \nUSUFRUCT. Cf. JUS ABUTENDI. \njus vindicandi (jas vin-di-kan-dl). Roman law. An \nowner's right to recover lost possession even from a \nbona fide possessor who has given value . This right, \nwhich generally does not exist under modern law, had \nmany exceptions_ See R.W. Lee, An Introduction to \nRoman-Dutch Law 433 (4th ed. 1946). \njus vitae necisque (jas VI-tee ni-sis-kwee). [Latin \"right of \nlife and death \"] Roman law. The power held by the head \nof the household over persons under his paternal power \nand over his slaves . This right was greatly dimin\nished under later Roman law. See patria potestas under \nPOTESTAS. \njuvenile (joo-v<l-n<ll or -ml), n. (18c) A person who has \nnot reached the age (usu. 18) at which one should be \ntreated as an adult by the criminal-justice system; \nMINoR.[Cases: Infants ~68.5.1 -juvenile, adj. \njuvenility (joo-va-nil-a-tee), n. \ncertified juvenile. (1971) A juvenile who has been certi\nfied to be tried as an adult. \njuvenile court. See COURT. \njuvenile-court judge. See JeDGE. \njuvenile delinquency. (1816) Antisocial behavior by a \nminor; esp., behavior that would be criminally pun\nishable if the actor were an adult, but instead is usu. \npunished by special laws pertaining only to minors. Cf. \nINCORRIGIBIUTY. [Cases: Infants (:::::> 153.J \n\"'juvenile delinquency; when employed as a technical term \nrather than merely a descriptive phrase, is entirely a leg\nislative product ....\" Rollin M. Perkins & Ronald N. Boyce, \nCriminal Law940 (3d ed. 1982). \nJuvenile Delinquency Prevention Act. A federal statute \nwhose purpose is (1) to help states and local communi\nties provide preventive services to youths who are in \ndanger ofbecoming delinquent, (2) to help in training \npersonnel employed in or preparing for employment in \noccupations that involve the provision ofthose services, \nand (3) to give technical assistance in this field. 42 \nUSCA  3801 et seq. \n\njuvenile delinquent. (1816) A minor who is guilty of \ncriminal behavior, usu. punishable by special laws \nnot pertaining to adults. Sometimes shortened to \ndelinquent. Also termed juvenile offender; youthful \noffender; delinquent minor. See OFFENDER. Cf. delin\nquent child under CHILD. [Cases; Infants \nJuvenile Justice and Delinquency Prevention Act. \nA federal statute that provides funding, assistance, \ntraining, and support to state-operated juvenile-jus\ntice programs, initiatives, and court systems. 42 USCA \n 5601-5785. \njuvenile-justice system. The collective institutions \nthrough which a youthful offender passes until any \ncharges have been disposed of or the assessed pun\nishment has been concluded. -'{he system comprises \njuvenile courts (judges and lawyers), law enforcement \n(police), and corrections (probation officers and sodal \nworkers). \njuvenile offender. See JUVENILE DEI.INQUENT. \njuvenile officer. See OFFlCER (1). juvenile parole. See PAROLE. \njuvenile petition. See PETITION. \njuxta (j;)ks-t<}). [Latin] Near; following; according to. \njuxta conventionem O;Jks-ta k;m-ven-shee-oh-n<lm). \n[Latin] According to the covenant. \njuxta formam statuti Oaks-ta for-m<lm sta-t[y]oO-tI). \n[Latin] According to the form ofthe statute. \njuxtaposition (jaks-ta-p<l-zish-,m), n. (17c) 1. The act or \nan instance of plaCing two or more things side by side \nor near one another. 2. Patents. See AGGREGATION. \njuxtapose (jaks-ta-pohz), vb. juxtapositional, adj. \njuxta ratam Oaks-ta ray-ti1m). [Latin] At or after the \nrate. \njuxta tenorem sequentem (j;Jks-t<'l ti1-nor-<lm si'I-kwen\nti'lm). [Latin] According to the tenor following. \njuzgado (hoos-gah-doh). [Spanish \"court\"] 1. A court \noflaw, esp. one presided over by a Single judge. 2. A \ncourthouse. \n\nK \nK. abbr. Contract. \nk/a. abbr. Known as. \nKaldor-Hicks efficiency. See WEALTH MAXIMIZATION. \nkalendar. Archaic. See CALENDAR. \nkalendarium (kal-Jn-dair-ee-Jm). [Latin] Roman law. 1. \nA book of accounts in which a moneylender recorded \nthe names of debtors and the principal and interest due. \n2. A written register ofbirths, recorded daily. \nKalends. See CALENDS. \nkangaroo court. See COURT. \nK.B. abbr. KING'S BENCH. \nK.C. abbr. KING'S COUNSEL. \nk.d., adj. abbr. (In a bill of lading) knocked down; not \nassembled or set up . When goods, equipment, or the \n~ike are shifped\"in disassembled form, the bill oflading \nIS marked k.d. \nkeelage (kee1-ij). Rist. 1. The right to demand payment \nofa toll by a ship entering or anchoring in a harbor. 2. \nThe toll so paid. \nkeelhaul (keel-hawl), vb. (17c) 1. Hist. To drag (a person) \nthrough the water under the bottom of a ship as punish\nment or torture. 2. To rebuke or reprimand harshly. \nKeeling Schedule. English law. A device that shows how \nan existing statute will read if a proposed amendment \nis adopted . A Keeling Schedule is usu. included as an \nappendix to the proposed amendment. The schedule is \nnamed for E.H. Keeling, a member ofParliament who \nbegan promoting the use of schedules in 1938 as a way \nto avoid amending legislation by reference. It is rarely \nused today. \nkeeper. (15c) One who has the care, custody, or manage\nment of something and who usu. is legally responsible \nfor it <a dog's keeper> <a keeper oflost property>. \nKeeper of the Briefs. See CUSTOS BREVIUM. \nKeeper of the Broad Seal. See KEEPER OF THE GREAT \nSEAL. \nKeeper of the Great Seal. In England and Scotland, \nan officer who has custody of the Great Seal and who \nauthenticates state documents of the highest impor\ntance. In England, the duties of the Keeper of the \nGreat Seal are now discharged by the Lord Chancel\nlor. Also termed Lord Keeper ofthe Great Seal; Lord \nKeeper; Keeper ofthe Broad Seal; Custos Sigilli. \nKeeper of the Hanaper. Hist. The head of the receiv\ning and accounting department in Chancery . The \nHanaper received fees collected on charters and letters \ngranted under the Great Seal and fines for Chancery \nwrits, paid Chancery staff wages, purchased office supplies, and accounted for the Chancery's revenues \nand expenses. \nKeeper of the King's Conscience. See LORD CHANCEL\nLOR. \nKeeper of the Privy Seal (priv-ee). 1. LORD PRIVY SEAL. \n2. In Scotland and Cornwall, an officer similar to the \nEnglish Lord Privy Seal. \nKeeper ofthe Rolls. See CUSTOS ROTULORUM. \nKellogg-Briand Pact. Int'llaw. A 1928 treaty under \nwhich the United States, France, and (by 1933) 63 other \nnations purported to outlaw war and pledged to settle \nfuture differences through diplomacy . Among the \nsignatories were Germany, Japan, and Italy nations \nwhose acts ofaggression lead to World War II. 46 Stat. \n2343, T.S. No. 796. Also termed Pact ofParis. \nkenning to a terce"}
{"text": "343, T.S. No. 796. Also termed Pact ofParis. \nkenning to a terce. Hist. Scots law. The sheriff's deter\nmination ofwhich tracts or parts of a decedent's land \nbelong to a widow; esp., a sheriff's assignment of \ndower. \nKeogh plan (kee-oh). (1952) A tax-deferred retirement \nprogram developed for the self-employed . This plan \nis also known as an H.R. 10 plan, after the House of \nRepresentatives bill that established the plan. -Also \ntermed self-employed retirement plan. Cf. INDIVIDUAL \nRETIREMENT ACCOUNT. [Cases: Internal Revenue \n4381.] \nKer-Frisbie rule. (1974) The principle that the gov\nernment's power to try a criminal defendant is not \nimpaired by the defendant's having been brought back \nillegally to the United States from a foreign country. \nKer v. Illinois, 119 U.S. 436, 7 S.Ct. 225 (1886); Frisbie \nv. Collins, 342 U.S. 519,72 S.Ct. 509 (1952). \nKetubah (ke-too-vah), n. Jewish law. A prenuptial agree\nment, signed by at least two independent witnesses, in \nwhich a husband promises to support his wife and to \npay her a certain sum of money ifthe couple divorces. \n Ifthe couple is still married when the husband dies, \nthe sum promised upon divorce becomes the primary \ndebt to be paid out of the husband's estate. The terms of \na Ketubah are often enforceable in secular courts under \ngeneral contract-law principles. \nkeyage (kee-;}j). See QUAYAGE. \nKeyCite, vb. (1997) To determine the subsequent history \nof(a case, statute, etc.) by using the online citator ofthe \nsame name to establish that the point being researched \nis still good law. KeyCiting, n. \nkey-employee life insurance. See LIFE INSURANCE. \nkey encryption. A software-cryptography system that \ngenerates and employs a secure key pair, one public \nkey and one private key, to verify a digital signature \nand decipher a secure, coded document.  The public \n\n948 key-executive insurance \nkey is known to all possible receivers ofa message. The \nprivate key is known only to the message's sender. Key \nencryption transforms the message's characters into an \nindecipherable \"hash.\" A person who has the signer's \npublic key can decipher the message and detect whether \nit has been altered and whether it was transmitted using \nthe sender's private key. It does not necessarily identify \nthe sender; identity is verified using a digital certifi\ncate. Also termed public-key encryption. -Abbr. \nPKE. See DIGITAL CERTIFICATE; HASH. \nkey-executive insurance. See key-employee insurance \nunder INSURANCE. \nkey man. See KEY PERSON. \nkey-man insurance. See key-employee life insurance \nunder LIFE INSURANCE. \nkey money. (1948) 1. Payment (as rent or security) \nrequired from a new tenant in exchange for a key to \nthe leased property. [Cases: Landlord and Tenant 9 \n88(2).]2. Payment made (usu. secretly) bya prospective \ntenant to a landlord or current tenant to increase the \nchance of obtaining a lease in an area where there is a \nhousing shortage. -Key money in the first sense is a \nlegal transaction; key money in the second sense is usu. \nan illegal bribe that violates hOUSing laws. \nkey-number system. (1909) A legal-research indexing \nsystem developed by West Publishing Company (now \nthe West Group) to catalogue American caselaw with \nheadnotes. _ In this system, a number designates a \npoint oflaw, allowing a researcher to find all reported \ncases addressing a particular point by referring to its \nnumber. \nkey person. An important officer or employee; a person \nprimarily responsible for a business's success. -Also \ntermed key man. \nkey-person insurance. See key-employee insurance \nunder INSURANCE. \nkickback, n. (I920) A return of a portion ofa monetary \nsum received, esp. as a result of coercion or a secret \nagreement <the contractor paid the city official a 5% \nkickback on the government contract>. -Also termed \npayoff. Cf. BRIBERY. \nkicker. 1. An extra charge or penalty, esp. a charge added \nto a loan in addition to interest. 2. An equity partici\npation that a lender seeks as a condition for lending \nmoney, so that the lender may participate in rentals, \nprofits, or extra interest. \nkickout clause. (1983) A contractual provision allowing \na party to end or modify the contract ifa specified event \noccurs <under the kickout clause, the company could \nrefuse to sell the land if it were unable to complete its \nacquisition ofthe new headquarters>. \nkiddie tax. See TAX. \nkidnap, vb. (l7c) To seize and take away (a person) by \nforce or fraud, often with a demand for ransom. \nkidnapping. (17c) 1. At common law, the crime offorcibly \nabducting a person from his or her own country and \nsending the person to another. -This offense amounted to false imprisonment aggravated by moving the victim \nto another country. 2. The crime ofseizing and taking \naway a person by force or fraud. Also termed simple \nkidnapping; (loosely) abduction; (archaically) mansteal\ning. See ABDUCTION. [Cases: Kidnapping C='14.] \n\"At early common law, kidnapping required a forcible \nasportation of the victim to another country. Under modern \nstatutes, the asportation need not be this extensive.\" \nArnold H. Loewy, Criminal Law in a Nutshell 64 (2d ed. \n1987). \naggravated kidnapping. (1943) Kidnapping accompa\nnied by some aggravating factor (such as a demand \nfor ransom or injury of the victim). \nchild-kidnapping. (1978) The kidnapping of a minor, \noften without the element offorce or fraud (as when \nsomeone walks off with another's baby). -Also \ntermed child-stealing; baby-snatching; childnapping. \nkidnapping by cesarean. The kidnapping ofa newborn \nbaby by a person who causes the unlawful and forcible \ndelivery of the baby by cesarean section without the \nmother's consent. -The kidnapper is usu. a woman \nof childbearing age who has lost a baby or is unable \nto bear one. -Also termed newborn kidnapping by \ncesarean section. \nkidnappingfor ransom. (1909) The offense of unlaw\nfully seizing a person and then confining the persoll, \nusu. in a secret place, while attempting to extort \nransom. _ This grave crime is sometimes made a \ncapital offense. In addition to the abductor, a person \nwho acts as a go-between to collect the ransom is gen\nerally considered guilty ofthe crime. [Cases: Kidnap\nping (;::::> 19.] \nnewborn-kidnapping by cesarean section. See kidnap\nping by cesarean. \nparental kidnapping. (1984) The kidnapping of a \nchild by one parent in violation of the other parent's \ncustody or visitation rights. See PARENTAL KIDNAP\nPING PREVENTION ACT. \nsimple kidnapping. (1943) Kidnapping not accompa\nnied by an aggravating factor. \nkidnapping by cesarean. See KIDNAPPING. \nkill, vb. (14c) To end life; to cause phYSical death. -The \nword is also used figuratively in putting an end to \nsomething <opponents were able to kill the proposed \namendment>. \nkiller amendment. See AMENDMENT (3). \nkilling by misadventure. See ACCIDENTAL KILLING. \nkilling with malice. See MALICIOUS KILLING. \nkin, n. (bef. 12c) l. One's relatives; family. Also termed \nkindred. [Cases: Descent and Distribution C=:20-43; \nWills C:.:J 508.J 2. A relative by blood, marriage, or \nadoption, though usu. by blood only; a kinsman or \nkinswoman. See NEXT OF KIN. \nkinbote. See manbote under BOTE (2). \nkind arbitrage. See ARBITRAGE. \n\n949 \nkindlie (kInd-lee). Scots law. A tenant's right to a lease's \nrenewal. \nkindred. 1. See KIN. 2. See KINSHIP. \nking. 1. A man who possesses, in his own right, the sov\nereignty and royal power in a monarchy. Cf. QUEEN \n(1). 2. (cap.) English law. 1he British government; the \nCrown. See CROWN. \n\"In modern times it has become usual to speak of the Crown \nrather than of the King, when we refer to the King in his \npublic capacity as a body politic. We speak of the property \nof the Crown, when we mean the property which the King \nholds in right of his Crown. So we speak of the debts due \nby the Crown, of legal proceedings by and against the \nCrown, and so on. The usage is one of great convenience, \nbecause it avoids a difficulty which is inherent in all speech \nand thought concerning corporations sole, the difficulty, \nnamely, of distinguishing adequately between the body \npolitic and the human being by whom it is represented and \nwhose name it bears.\" John Salmond, Jurisprudence 341-42 \n(Glanville L. Williams ed., 10th ed. 1947). \nKing's advocate. See LORD ADVOCATE. \nKing's Bench. Historically, the highest common\nlaw court in England, presided over by the reigning \nmonarch. _ When a queen begins to reign, the name \nautomatically changes to Queen's Bench. In 1873, \nduring Queen Victoria's reign, the court's jurisdiction \nwas transferred to the Queen's Bench Division of the \nHigh Court of Justice. Abbr. K.B. Also termed \nCourt oiKing's Bench; Coram Rege Court. Cf. QUEEN'S \nBENCH; QUEEN'S BENCH DIVISION. \n'The court of King's Bench is the highest court of ordinary \njustice in criminal cases within the realm, and paramount to \nthe authority ofjustices of gaol delivery. and commissions \nof oyer and terminer. It has jurisdiction over all criminal \ncauses, from high treason down to the most trivial misde\nmeanor or breach of the peace.\" 1Joseph Chitty, A Practical \nTreatise on the Criminal Law 156 (2d ed. 1826). \nKing's Chambers. In the United Kingdom, waters lying \nwithin an imaginary line drawn from headland to \nheadland around the coast of Great Britain. \nKing's Counsel. In the United Kingdom, Canada, and \nterritories that have retained the rank, an elite, senior\nlevel barrister or advocate. -Originally, a King's \nCounsel was appointed to serve as counsel to the \nreigning monarch. -Also termed senior counsel. -\nAbbr. K.c. Cf. QUEEN'S COUNSEL. \nKing's Court. See CURIA REGIS. \nKing's evidence. See Queen's evidence under \nEVIDENCE. \nKing's Great Sessions in Wales. See COURT OF GREAT \nSESSIONS IN WALES. \nKing's peace. Hist. A royal subject's right to be protected \nfrom crime (to \"have peace\") in certain areas subject \nto the king's immediate control, such as the king's \npalace or highway. _ A breach of the peace in one of \nthese areas subjected the offender to punishment in the \nKing's Court. Over time, the area subject to the King's \npeace grew, which in turn increased the jurisdiction \nof the royal courts. -Also written King's Peace. Cf. \nAGAINST THE PEACE AND DIGNITY OF THE STATE. knight-service \n\"A breach of the King's Peace was at one time the most \ncomprehensive of all offences against the Crown; it indeed \nincluded, and still includes, all the more serious crimes. At \none time, in fact, every indictment charged the accused \nwith an offence 'against the peace of our Sovereign Lord \nthe King'; and, though this form is no longer employed, \nthat is mainly because the imperative duty of not disturb \ning the King's Peace has by now evolved into an elaborate \nsystem of Criminal Law.\" Edward Jenks, The Book ofEnglish \nLaw 134 (P.B. Fairest ed., 6th ed. 1967). \nKing's proctor. See QUEEN'S PROCTOR. \nKing's silver. Hist. Money paid in the Court of Common \nPleas for a license to levy a feudal fine; an amount due \non granting a conge d'accorder in levying a fine oflands. \n-It amounted to three-twentieths of the supposed \nannual value of the land, or ten shillings for every five \nmarks of land. -Also termed post-fine. See CONGE \nD'ACCORDER; FINE (1). \nkinship. Relationship by blood, marriage, or adoption. \nAlso termed kindred. \nkinsman. See RELATIVE. \nkinta!. See QUlNTAL. \nkissing the Book. Hist. The practice of touching one's \nlips to a copy of the Bible (esp. the New Testament) after \ntaking an oath in court. _ This practice -formerly \nused in England was replaced by the practice of \nplacing one's hand on the Bible while swearing. \nkitchen cabinet. See CABINET. \nkiting. 1. CHECK-KITING. 2. Slang. Commercial law. \nRaising money on credit, often by using accommoda\ntion paper. \nKlaxon doctrine (klak-s;m). (1966) Conflict oflaws. The \nprinciple that a federal court exercising diversity juris\ndiction must apply the choice-of-Iaw rules of the state \nwhere the court sits . In Klaxon Co. v. Stentor Elee. \nlvlfg. Co., the Supreme Court extended the rule of Erie v. \nTompkins to"}
{"text": ". Stentor Elee. \nlvlfg. Co., the Supreme Court extended the rule of Erie v. \nTompkins to choice-of-Iaw issues. 313 U.S. 487, 61 S.Ct. \n1020 (194l). -Also termed Erie/Klaxon doctrine. See \nERIE DOCTRINE. [Cases: Federal Courts ~409.1.1 \nkleptomania (klep-td-may-nee-d), n. (1830) A compul\nsive urge to steal, esp. without economic motive. \nkleptomaniac, n. & adj. \nknight. (bef. 12c) 1. Hist. In the Middle Ages, a person \nof noble birth who, haVing been trained in arms and \nchivalry, was bound to follow an earl, baron, or other \nsuperio'r lord into battle. 2. In modern Britain, a man \nupon whom the monarch has bestowed an honorary \ndignity (knighthood) as a reward for personal merit of \nsome kind. -The status of knighthood no longer relates \nto birth or possessions and does not involve military \nservice. \nknight bachelor. See BACHELOR (3). \nknight ofthe post. Hist. A hired perjurer. \nknight-service. Hist. A type of lay tenure in which a \nknight held land of another person or the Crown in \nexchange for a pledge of military service. Also \ntermed knight's service; (Scots law) ward holding. Cf \nBASE SERVICE; SOCAGE; VILLEINAGE. \n\n\"By far the greater part of England is held of the king by \nknight's service (per servitium militare): it is comparatively \nrare for the king's tenants in chief to hold by any of the \nather tenures. In order to understand this tenure we must \nfarm the conception of a unit of military service. That \nunit seems to be the service of one knight or fully armed \nhorseman (servitium unius militis) to be dane to the king in \nhis army for forty days in the year, if it be called for.\" 1 Fred\nerick Pollock & Frederic W. Maitland, The History ofEnglish \nLaw Before the Time of Edward I 254 (2d ed. 1898). \nknight's fee. Hist. 1be amount ofland that gave rise to the \nobligation ofknight-service . The amount varied from \nless than a hide to more than six hides. See HIDE. \nknight's service. See KNIGHT-SERVICE. \nknock-and-announce rule. (1969) Criminal procedure. \nThe requirement that the police knock at the door \nand announce their identity, authority, and purpose \nbefore entering a residence to execute an arrest or \nsearch warrant. ~Also termed knock-and-notice rule. \nCf. no-knock search warrant under SEARCH WARRANT; \nno-knock search under SEARCH. (Cases: Searches and \nSeizures ~54,143.1.] \nknock-for-knock agreement. (1949) An arrangement \nbetween insurers whereby each will pay the claim of \nits insured without claiming against the other party's \ninsurance. \nknock in, vb. To rap on the courtroom door to announce \nthe entry of(one or more judges) <the law clerk, acting \nas bailiff, knocked in the judges>. \nknock off, vb. (1879) 1. To make an unauthorized copy \nof (another's product), usu. for sale at a substantially \nlower price than the original <the infringer knocked \noff popular dress designs>. 2. Slang. To murder <the \ngang leader was knocked offby one ofhis lieutenants>. \n3. Slang. To rob or burglarize <the thieves knocked off \nthe jewelry store in broad daylight>. \nknockoff, n. (1966) Intellectual property. An unauthor\nized counterfeit and usu. inferior copy of another's \nproduct, esp. one protected by patent, trademark, trade \ndress, or copyright, usu. passed off at a substantially \nlower price than the original. \nknock-out auction. See AUCTION. \nknow all men by these presents. (16c) Take note. _ \nThis archaic form of address - a loan translation of \nthe Latin noverint universi per praesentes ~was tradi\ntionally used to begin certain legal documents such as \nbonds and powers of attorney, but in modern drafting \nstyle the phrase is generally considered deadwood. See \nNOVERINT UNIVERSI PER PRAESENTES. Cf. PATEAT UNI\nVERSIS PER PRAESENTES. \nknow-how. (1838) The information, practical knowledge, \ntechniques, and skill required to achieve some practi\ncal end, esp. in industry or technology. Know-how is \nconsidered intangible property in which rights may be \nbought and sold. See TRADE SECRET. \nknowing, adj. (14c) 1. Having or showing awareness \nor understanding; well-informed <a knowing waiver \nof the right to counsel>. 2. Deliberate; conscious <a knowing attempt to commit fraud>. -knowingly, \nadv. \nknowing consent. See informed consent under CONSENT \n(1). \nknowledge. (14c) 1. An awareness or understanding ofa \nfact or circumstance; a state ofmind in which a person \nhas no substantial doubt about the existence of a fact. \nCf. INTENT (1); NOTICE (1), (2); SCIENTER. \n\"It is necessary ... to distinguish between producing a \nresult intentionally and prodUCing it knowingly. Inten\ntion and knowledge commonly go together, for he who \nintends a result usually knows that it will follow, and he \nwho knows the consequences of his act usually intends \nthem. But there may be intention without knowledge. the \nconsequence being deSired but not foreknown as certai n \nor even probable. Conversely, there may be knowledge \nwithout intention, the consequence being foreknown as \nthe inevitable concomitant of that which is deSired, but \nbeing itself an object of repugnance rather than desire, \nand therefore not intended. When King David ordered Uriah \nthe Hittite to be set in the forefront of the hottest battle, \nhe intended the death of Uriah only, yet he knew for a \ncertainty that many others of his men would fall at the \nsame time and place.\" John Salmond, Jurisprudence 380-81 \n(Glanville L. Williams ed., 10th ed. 1947). \n'''Knowingly' or 'knowledge' has a broad sweep when used \nin connection with the element of a crime, and an untrue \nrepresentation has been 'knowingly' made if by one who \nknows it is untrue, believes it is untrue or is quite aware \nthat he has not the slightest notion whether it is true or \nnot.\" Rollin M. Perkins & Ronald N. Boyce, Criminal Law \n379 (3d ed. 1982). \n\"[BJecause there are several areas of the criminal law \nin which there may be good reason for distinguishing \nbetween one's objectives and [one's] knowledge, the \nmodern approach is to define separately the mental states \nof knowledge and intent .... This is the approach taken in \nthe Model Penal Code [ 2.02(2)(a) & (b)].\" Wayne R. LaFave \n& Austin W. ScottJr., Criminal Law 218 (2d ed. 1986). \nactual knowledge. (16c) 1. Direct and clear knowledge, \nas distingUished from constructive knowledge <the \nemployer, haVing witnessed the accident, had actual \nknowledge of the worker's injury>. Also termed \nexpress actual knowledge. 2. Knowledge of informa\ntion that would lead a reasonable person to inquire \nfurther <under the discovery rule, the limitations \nperiod begins to run once the plaintiff has actual \nknowledge of the injury>. ~Also termed (in sense \n2) implied actual knowledge. \n\"The third issue in section 523(a)(3) is the meaning of \n'notice or actual knowledge.' Under the Uniform Commer \ncial Code knowledge means actually knowing something; \nnotice means having received information from which \none could infer the existence of the relevant fact. What \nthe adjective 'actual' adds to the idea of 'knowledge' is \nunclear.\" David G. Epstein et aI., Bankruptcy 7-27, at 516 \n(1993). \ncommon knowledge. See COMMON KNOWLEDGE. \nconstructive knowledge. (18c) Knowledge that one \nusing reasonable care or diligence should have, and \ntherefore that is attributed by law to a given person \n<the court held that the partners had constructive \nknowledge ofthe partnership agreement even though \nnone ofthem had read it>. \nexpress actual knowledge. See actual knowledge (1). \n\nfirsthand knowledge. See personal knowledge. \nimplied actual knowledge. See actual knowledge (2). \nimputed knowledge. (18c) Knowledge attributed to \na given person, esp. because of the person's legal \nresponsibility for another's conduct <the principal's \nimputed knowledge ofits agent's dealings>. \npersonal knowledge. (17c) Knowledge gained through \nfirsthand observation or experience, as distinguished \nfrom a belief based on what someone else has said. \nRule 602 of the Federal Rules of Evidence requires lay \nwitnesses to have personal knowledge ofthe matters \nthey testify about. An affidavit must also be based on \npersonal knowledge, unless the affiant makes it clear \nthat a statement relies on \"information and belief.\" \nAlso termed firsthand knowledge. [Cases: Witnesses \n(;::::37(2).J \nreckless knowledge. (1911) A person's awareness that \na prohibited circumstance may exist, regardless of \nwhich the person accepts the risk and goes on to \nact. \nscientific knowledge. (17c) Evidence. Knowledge that is \ngrounded on scientific methods that have been sup\nported by adequate validation. -Four primary factors \nare used to determine whether evidence amounts to \nscientific knowledge: (1) whether it has been tested; (2) whether it has been subjected to peer review and \npublication; (3) the known or potential rate of error; \nand (4) the degree of acceptance within the scientific \ncommunity. See DAUBERT TEST; SCIENTIFIC METHOD. \n[Cases: Criminal Law (>::::>486; Evidence (>::::>555.] \nsuperior knowledge. (17c) Knowledge greater than that \nof another person, esp. so as to adversely affect that \nperson <in its fraud claim, the subcontractor alleged \nthat the general contractor had superior knowledge \nof the equipment shortage>. [Cases: Fraud 17, \n23; Negligence (>::::> 1088, 1286(2).] \n2. Archaic. CARNAL KNOWLEDGE. \nknowledge-of-falsity exclusion. See EXCLUSION (3). \nknown creditor. See CREDITOR. \nknown heir. See HEIR. \nknown-loss doctrine. Insurance. A principle denying \ninsurance coverage when the insured knows before \nthe policy takes effect that a specific loss has already \nhappened or is substantially certain to happen. \nAlso termed known-risk doctrine. [Cases: Insurance \nC:\"=-2101,226l.] \nkoop (ka-w;lp), n. [Dutch] Dutch law. Purchase; \nbargain. \nkoopbrief(ka-w;lp-breef). [Dutch] Dutch law. A deed \nofsale. \n\nL \n1. abbr. 1. LAW (5). 2. LORD (1). 3. LOCUS. 4. LATIN. \n1. A measure of the money supply, including M3 items \nplus banker's acceptances, T-bills, and similar long\nterm investments. See M3. \nlabel, n. (17c) 1. Trademarks. An informative display \nof written or graphic matter, such as a logo, title, or \nsimilar marking, affixed to goods or services to identify \ntheir source . A label may be put on the packaging or \ncontainer of a manufactured product, or on the pack\naging or surface ofa natural substance. [Cases: Trade\nmarks 1057(1). 2. Any writing (such as a codicil) \nattached to a larger writing. 3. A narrow slip of paper \nor parchment attached to a deed or writ in order to \nhold a seal. \nlabel-and-significant-characteristics test. Securities. \nThe rule that an instrument will be governed by the \nsecurities laws if it is labeled a stock and has the sig\nnificant characteristics typically associated with shares \nof stock. \nlabeHng. Under the Federal Food, Drug, and Cosmetic \nAct, any label or other written, printed, or graphic \nmatter that is on a product or its container, or that \naccompanies the product . To come within the Act, \nthe labeling does not need to accompany the product. \nIt may be sent before or after delivery of the product, as \nlong as delivery of the product and the written material \nare part of the same distribution program. [Cases: Food \nC=>15; Health C-~31l.] \nlabel license. See LICENSE. \nlabes realis quae rei inhaeret (lay-beez ree-ay-lis kwee \nree-I in-heer-it). [Latin] Scots law. A real defect that \nattaches to the thing. Cf. VITIUM REALE. \n\"Theft, also, constitutes a {abes realis in the title of any \none holding the subject stolen, no matter how honestly he \nmay have acquired it; and on this defect, which attaches \nto it until it return to his possession, the true owner may \nvindicate his right, and recover his subject wherever it can \nbe found.\" John Trayner, Trayner's Latin Maxims 312 (4th \ned,1894). \nlabina (l;)-bI-na), n. Archaic. Land covered by water; \nswampland. \nla bomba (I;) bom-ba). (sometimes cap.) An incendiary \ndevice consisting of a plastic bag filled with fuel and \nplaced inside a paper bag stuffed with tissue and rigged \nwith a fuse . A person who uses such a device to start \na fire violates the federal arson statute. See 18 USCA \n 844(j). [Cases: Explosives C=>4.] \nlabor, n. 1. Work ofany type, including mental exertion \n<the fruits of one's labor>. _ The term usu. refers to \nwork for wages as opposed to profits. \nchild labor. See CHILD LABOR. \nspousal labor. See SPOUSAL LABOR. 2. Workers considered as an economic unit or a politi\ncal element <a dispute between management and labor \nover retirement benefits>. 3. A Spanish"}
{"text": "ers considered as an economic unit or a politi\ncal element <a dispute between management and labor \nover retirement benefits>. 3. A Spanish land measure \nequal to 1771/7 acres. This measure has been used in \nMexico and was once used in Texas. \nlabor, vb. (I4c) 1. To work, esp. with great exertion \n<David labored long and hard to finish the brief on \ntime>. 2. Archaic. To tamper with or improperly \nattempt to influence (a jury). This sense derives from \nthe idea that the tamperer \"endeavors\" to influence the \njury's verdict. See EMBRACERY. -laborer, n. \nlabor agreement. See COLLECTIVE-BARGAINING AGREE\nMENT. \nlaborariis (lay-b;)-rair-ee-is), n. [Latin \"about laborers\"] \nHist. An ancient writ against a person who had no other \nmeans of support but refused to work throughout the \nyear. \nlaboratory conditions. Labor law. The ideal condi\ntions for a union election, in which the employees \nmay exercise free choice without interference from the \nemployer, the union, or anyone else. [Cases: Labor and \nEmployment C=; 1193.] \nlabor contract. See COLLECTIVE-BARGAINING AGREE\nMENT. \nlabor-desert model. The view that the inventive process \nresults from the inventor's labor to create something of \nadded value to society, and that this added value justifies \nsome social reward (\"just deserts\") to the inventor. \nAlso termed value-added model. Cf. EUREKA MODEL; \nLABOR MODEL. \nlabor dispute. (1907) A controversy between an employer \nand its employees concerning the terms or conditions \nof employment, or concerning the association or rep\nresentation of those who negotiate or seek to negotiate \nthe terms or conditions of employment. [Cases: Labor \nand Employment C=> 1340.] \nLabor Disputes Act. See NORRIS-LAGUARDIA ACT. \nlaborer. (l4c) 1. A person who makes a living by physical \nlabor. 2. WORKER. \nlaborer's lien. See mechanic's lien under LIEN. \nlaboring a jury. See EMBRACERY. \nlabor law. The field of law governing the relationship \nbetween employers and employees, esp. law govern\ning the dealings of employers and the unions that rep\nresent employees. Also termed industrial law. See \nNATIONAL LABOR RELATIONS ACT. [Cases: Labor and \nEmployment (;:::::960.] \nlabor-management relations. (1947) The broad \nspectrum of activities concerning the relationship \nbetween employers and employees, both union and \n\n953 \nnonunion. See FAIR LABOR STANDARDS ACT; NATIONAL \nLABOR RELATIONS ACT; NATIONAL LABOR RELATIONS \nBOARD. \nLabor-Management Relations Act. A federal statute, \nenacted in 1947, that regulates certain union activities, \npermits suits against unions for proscribed acts, pro\nhibits certain strikes and boycotts, and provides steps \nfor settling strikes involving national emergencies. 29 \nUSCA  141 et seq. Also termed Taft-Hartley Act. \nSee NATIONAL LABOR RELATIONS BOARD. \nlabor model. The view that the inventive process is the \nproduct of the inventor's labor, and the invention is \ntherefore the property of the inventor by natural right. \nSee LOCKE AN LABOR THEORY. Cf. EUREKA MODEL, \nLABOR-DESERT MODEL. \nlabor organization. See UNION. \nlabor-relations act. (1935) A statute regulating relations \nbetween employers and employees. -Although the \nLabor-Management Relations Act is the chief federal \nlabor-relations act, various states have enacted these \nstatutes as welL \nLabor Relations Board. See NATIONAL LABOR RELA\nTIONS BOARD. \nlabor theory. See LOCKEAN LABOR THEORY. \nlabor union. See GNION. \nlacca. See LACTA. \nLacey Act. A federal law, originally enacted in 1900, that \npermits states to enforce their own game laws prohib\niting the importation of animals from other states \nor countries. 16 USCA  661 et seq. See GAME LAW. \n[Cases: Game \nla chambre des esteilles (l~ shahm-bra da zes-tay), n. \n[French] Hist. The Star Chamber. See STAR CHAMBER, \nCOURT OF. \nlaches (Iach-iz). [Law French \"remissness; slackness\"] \n(l4c) 1. Unreasonable delay in pursuing a right or \nclaim almost always an equitable one -in a way that \nprejudices the party against whom relief is sought. \nAlso termed sleeping on rights. lCases: Equity (>67.] \n\"Early in Its history, Chancery developed the doctrine that \nwhere the plaintiff in equity delayed beyond the period of \nthe statute applicable at law, relief would be refused on \nthe ground of laches even though no specific prejudice to \nthe defendant was shown. Today. in most states, there are \nstatutes of limitations applying to suits in equity. Despite \nthese, however, the doctrine still holds that even if the \ndelay is for a shorter period of time than that of the statute, \nit may still bar equitable relief if it is unreasonable and \nprejudicial to the defendant.\" John F. O'Connell, Remedies \nin a Nutshell 16 (2d ed. 1985). \nprosecution laches. Patents. In a claim for patent\ninfringement, the eqUitable defense that the patentee \ndid not timely enforce the patent rights. [Cases: \nPatents (>289(2).] \n2. The equitable doctrine by which a court denies \nrelief to a claimant who has unreasonably delayed in \nasserting the claim, when that delay has prejudiced the 189S;0 9normis \nparty against whom reHefis sought. Cf. LIMITATION (3). \n[Cases: Equity (>67.] \n''The doctrine of laches ... is an instance of the exercise of \nthe reserved power of equity to withhold relief otherwise \nregularly given where in the particular case the granting \nof such relief would be unfair or unjust.\" William F. Walsh, \nA Treatise on Equity 472 (1930). \nlaches, estoppel by. See estoppel by laches under \nESTOPPEL \nLackey claim. A prisoner's assertion that incarcera\ntion on death row for a protracted period is cruel and \nunusual punishment. Lackey v. Texas, 514 U.S. 1045, \nll5 S.Ct. 1421 (1995) (denying cert.). [Cases: Sentencing \nand Punishment (>1795.] \nlack-of-antecedent-basis rejection. See REJECTION. \nlack of capacity. The disability of a person to create or \nenter into a legal relation because ofsome special char\nacteristic. See CAPACITY (2). \nlack ofenablement. See NONENABLEMENT. \nlack-of-enablement rejection. See nonenablement rejec\ntion under REJECTION (3). \nlack of jurisdiction. See WANT OF JURISDICTION. \nlack ofprosecution. See WANT OF PROSECUTION. \nlack-of-utility rejection. See REJECTION. \nlacta (lak-t~), n. [Law Latin] His/. Lack of or defect in the \nweight of money. -Also termed lacca. \nl'acte de l'etat civil. See ACTE (1). \nlada (lay-dd), n. [Law Latin]l. Hist. A court ofjustice. \n2. A canal for draining marshy ground; a watercourse; \na lade. \nlade (layd), n. Hist. The mouth ofa river. -Also spelled \nlode. \ni laden in bulk, adj. Maritime law. (Of a vessel) loaded \n, with a cargo that lies loose in the hold instead of \npackaged. -Cargoes of corn, salt, and similar items \nare usu. shipped in bulk. \nlading, bill of. See BILL OF LADING. \ni lady. (bef. 12c) In Britain, a title belonging to the wife \nofa peer, (by courtesy) the wife ofa baronet or knight, \nor any Single or married woman whose father was a \nI nobleman carrying a rank ofearl or higher. \nlady-court. Hist. The court ofa lady of the manor. \ni Lady Day. See quarter day under DAY. \nlady's friend. Hist. The title of an officer in the English \nHouse of Commons, whose duty was to secure a suitable \nprovision for a wife when her husband sought a parlia\nmentary divorce. _ In 1857, parliamentary divorces and \nthe office oflady's friend were abolished by statute. \nlaenland. See LOANLAND. \nlaesa majestas (Iee-zd m~-jes-tas). See LESE MAJESTY. \nlaesio enormis (Iee-shee-oh i-nor-mis). [Law Latin \n\"excessive loss\" or \"abnormal loss of more than half\"] \nRoman c.~ civil law. 1. The sale ofa thing for which the \nbuyer paid less than half of its real value. -The seller \n\n954 laesio ultra dimidium vel enormis \ncould rescind the sale, but the buyer could keep the \nitem purchased by paying the full value. Generally, \nthis doctrine was limited to land sales. 2. The injury \nsustained by one party to an onerous contract when \nthe overreaching party receives twice the value ofthat \nparty's money or property, such as a purchaser who \npays less than halfofthe value ofthe property sold, or \na seller who receives more than double the property's \nvalue. If coowner coheirs partition or sell property, \nlaesio enormis may exist when the purchaser pays less \nthan one-fourth of the value rather than one-half. \nSee La. Civ. Code arts. 824, 1406. -Also spelled lesio \nenormis. -Also termed lesion; enorm lesion; (in full) \nlaesio enormis vel ultra dimidium (lee-shee-oh i-nor\nmis vel al-tra di-mid-ee-Clm); (in Louisiana) lesion \nbeyond moiety. \n\"Lesion (/aesio enormis) was the rule, established very late, \nthat a seller could rescind a contract if he had received less \nthan half its real value .... [l]n spite of its imperfections, \nlesion not only was adopted in all modern civilian systems \n(French Code Civil 1674-1683), but became the means of \ntesting the validity of contracts generally by their fairness, \na principle embodied in the German Civil Code (section \n138) and the Swiss Code of Obligations (section 21). Such \na test is no more difficult to apply in law than in eqUity, \nwhere it has long been established in our system. As the \nRomans applied it, it was a clumsy and inadequate way of \nreaching this result. In modern courts, in ciVil-law coun\ntries, it invests judges with a discretion not very likely to be \nabused, but sufficient to act as a deterrent to the grosser \nforms of economic exploitation.\" Max Radin, Handbook of \nRoman Law 233-34 (1927). \nlaesio ultra dimidium vel enormis. See LAESIO \nENORMIS. \nlaesiwerp (lee-za-wClrp), n. [Saxon fr. laisus \"bosom\" + \nwerpire \"to surrender\"] Hist. A thing surrendered to \nanother's hands or power; a thing given or delivered. \nlaet (layt), n. Hist. A person of a class between servile \nand free. \nlaga. See LAGE. \nlagan (lag-Cln), n. (17c) 1. Goods that are abandoned at \nsea but attached to a buoy so that they may be recov\nered. Also termed lagend; lagon; ligan; ligen; logan. \nCf. FLOTSAM; JETSAM; WAVESON. 2. Archaic. Wreckage \nor cargo lying on the seabed. \nlage (law or lay), n. [fro Saxon lag \"law\"] Hist. 1. Law. 2. \nThe territory in which certain law was in force, such \nas danelage, mercenlage, and West-Saxon lage . This \nterm is essentially an obsolete form ofthe word law. \nAlso termed lagh; laga; lagu. See DANELAW; MERCEN\nLAGE; WEST-SAXON LAW. \nlage day (law day). A law day; a juridical day; a day of \nopen court. Also termed lagh day. \nlageman (law-man or lay-man). See LEGALIS HOMO. \nlagend (lag-and). See LAGAN. \nlagging economic indicator. See ECONOMIC INDICA\nTOR. \nlagging indicator. See INDICATOR. \nlagh day. See LAGE DAY. lagon (lag-an). See LAGAN. \nlagu. See LAGE. \nlahman (law-mCln or lay-man), n. [Saxon fro lah \"law\"] \nArchaic. A lawyer. Also termed lagemannus. \nlaicus (laY-Cl-kas), n. [Law Latin] Rist. A layman; one who \nis not in the ministry. \nLaidlaw vacancy. Under the National Labor Relations \nAct, a genuine opening in an employer's workforce, \nresulting from the employer's expanding its work\nforce or discharging a particular employee, or from \nan employee's resigning or otherwise leaving the \nemployment . The opening must be offered to striking \nworkers, in order of seniority, after a strike has been \nresolved. Laidlaw Corp. v. NLRB, 414 F.2d 99 (7th Cir. \n1969). \nlairwite (lair-WIt), n. [fro Saxon lagan \"to lie\" + wite \n\"a fine\"] Rist. A fine for adultery or fornication paid \nto the lord of the manor; esp., a lord's privilege of \nreceiving a fine for fornication with the lord's female \nvilleins. -Also termed lairesite; lecherwite (lech-Clr\nWIt); legerwite; leirwita; leyerwite; legenita (la-jen-Cl-tCl); \nlegruita (lCl-groo-a-ta). \nlais gents (lay zhon[ tsD, n. pl. [Law French] R"}
{"text": "Cl-groo-a-ta). \nlais gents (lay zhon[ tsD, n. pl. [Law French] Rist. Laymen; \na jury. \nlaissez-faire (les-ay-fair), n. [French \"let (people) do \n(as they choose),'] (1825) 1. Governmental abstention \nfrom interfering in economic or commercial affairs. \n2. The doctrine favoring such abstention. -laissez\nfaire, adj. \nlaity (laY-Cl-tee). (I5c) Collectively, persons who are not \nmembers ofthe clergy. [Cases: Religious Societies C:=c \n7.] \nlake, n. (l2c) 1. A large body of standing water in a \ndepreSSion ofland or basin supplied from the drainage \nof an extended area; esp., a natural depression in the \nsurface ofthe earth containing a reasonably permanent \nbody ofwater that is substantially at rest. [Cases: Waters \nand Water Courses ~-::> 108.2. A widened or expanded \npart ofa river. \nLambeth degree (lam-bath). Hist. A degree conferred by \nthe Archbishop ofCanterbury, rather than by a univer\nsity, as authorized under the Ecclesiastical Licenses Act \nof 1533 (25 Hen. 8, ch. 21). 'The degrees were conferred \nin music, theology, law, and medicine. \nLamb-Weston rule. Insurance. The doctrine that, when \ntwo insurance policies provide coverage for a loss, and \neach of them contains an other-insurance clause \ncreating a conflict in the order or apportionment of \ncoverage both ofthe other-insurance clauses will \nbe disregarded and liability will be prorated between \nthe insurers. Lamb-Weston, Inc. v. Oregon Auto. Ins. \nCo., 341 P.2d 110 (Or. 1959). [Cases: Insurance \n2112,2762.] \nlame duck. (1910) An elected official serving out a term \nafter a successor has been elected. [Cases: Officers and \nPublic Employees C:=cSO.] \nlame-duck amendment. See TWENTIETH AMENDMENT. \n\n955 land \nlame-duck session. See SESSION (I). \nLammas. See quarter day under DAY. \nlammas land. See LAND. \nland, n. (bef. 12c) 1. An immovable and indestructible \nthree-dimensional area consisting of a portion of the \nearth's surface, the space above and below the surface, \nand everything growing on or permanently affixed to it. \n2. An estate or interest in real property. [Cases: Estates \nin Property C=> 1.] \n\"In its legal significance, 'land' is not restricted to the \nearth's surface, but extends below and above the surface. \nNor is it confined to solids, but may encompass within its \nbounds such things as gases and liquids. A definition of \n'land' along the lines of 'a mass of physical matter occupy\ning space' also is not sufficient, for an owner of land may \nremove part or all of that physical matter, as by digging \nup and carrying away the soil, but would nevertheless \nretain as part of his 'land' the space that remains. Ulti\nmately, as a juristic concept, 'land' is simply an area of \nthree-dimensional space, its pOSition being identified by \nnatural or imaginary points located by reference to the \nearth's surface. 'Land' is not the fixed contents of that \nspace, although, as we shall see, the owner of that space \nmay well own those fixed contents. Land is immoveable, \nas distinct from chattels, which are moveable; it is also, in \nits legal significance, indestructible. The contents of the \nspace may be physically severed, destroyed or consumed, \nbut the space itself, and so the 'land', remains immutable.\" \nPeter Butt, Land Law 9 (2d ed. 1988). \naccommodation land. (1843) Land that is bought by a \nbuilder or speculator who erects houses or improve\nments on it and then leases it at an increased rent. \nacquired federal land. (usu. pI.) Federal land that was \nnever in the public domain. Seefederal land. \nacquired land. Land acquired by the government \nfrom private hands or from another governmental \nentity; esp., property acquired by the federal govern\nment from private or state ownership . This term is \nfrequently contrasted with publiC domain. -Also \ntermed acquired lands. See PUBLIC DOMAIN (1). \n[Cases: Public Lands ~,)4.] \n\"'Acquired lands' are lands the United States acquired \nfrom private or state owners by gift, purchase, exchange, \nor condemnation. In most but not all cases, such lands \nactually have been 'reacquired,' because the United States \npreviously had purchased or won them from foreign and \nIndian sovereigns. Distinguishing between lands because \nof ownership origins that go back over a century is a policy \nwith little to recommend it, but some statutes and judicial \nopinions maintain the distinction.\" George Cameron \nCoggins, Public Natural Resources Law  1.02[11 (1990). \narable land (ar-;1-b;1l). (16c) Land fit for cultivation. \nFormerly also termed araturia; aralia; aratia. \nbounty land. A portion ofpublic land given or donated \nas a reward, esp. for military service. See MILITARY \nBOUNTY LAND. [Cases: Public Lands (:::::>46.] \ncertificate land. Land in the western part of Pennsyl\nvania set apart after the American Revolution to be \nbought with certificates that the soldiers received in \nlieu of pay. Cf. donation land. \nCrown land. Demesne land of the Crown; esp., in \nEngland and Canada, land belonging to the sovereign \npersonally, or to the government, as distinguished from land held under private ownership. -Also \ntermed demesne land of the Crown. See demesne \nland. \ndemesne land (di-mayn or di-meen). Hist. Land \nreserved by a lord for personal use. \ndonation land. Land granted from the public domain \nto an individual as a gift, usu. as a reward for services \nor to encourage settlement in a remote area . The \nterm was initially used in Pennsylvania to reward \nRevolutionary War soldiers. Cf. certificate land. \n[Cases: Public Lands ~~4S.J \nearned land. Public land that is conveyed by a land \npatent to a private person who has performed a \ncertain condition, usu. one spelled out in an earlier \ngrant. See PATENT (2). \nenclosed land. (17c) Land that is actually enclosed and \nsurrounded with fences. \nfabric land. Hist. Land given toward the maintenance, \nrepair, or rebuilding of a cathedral or other church. \n This term derives from funds given ad fabricam \necclesiae reparandam (\"to repair the fabric of the \nchurch\"). \n\"Fabrick-Lands are lands given towards the maintenance, \nrebuilding, or repair of Cathedrals or other churches .... \nIn antient time almost everyone gave by his Will more or \nless to the Fabrick of the Cathedral or Parish-Church where \nhe liv'd.\" Thomas Blount, Noma-Lexicon: A Law-Dictionarv \n(1670). \nfast land. (often pl.) (16c) Land that is above the high\nwater mark and that, when flooded by a government \nproject, is subjected to a governmental taking. \nOwners of fast lands are entitled to just compensa\ntion for the taking. See TAKING (2). [Cases: Eminent \nDomain (:::::>2.17(5).] \nfederal land. (usu. pl.) Land owned by the United States \ngovernment.  Federal lands are classified as public \nlands (also termed \"lands in the public domain\") or \nacquired federal lands, depending on how the land \nwas obtained. See acquired federal land. [Cases: Public \nLands C=>4.J \ngovernment land. See public land. \nhide land. Hist. See HIDE. \nimproved land. (17c) Land that has been developed; \nesp., land occupied by buildings and structures . The \nimprovements mayor may not enhance the value of \nthe land. \nindemnity land. See INDEMNITY LAND. \nlammas land (lam-;)s). Hist. Land over which persons \nother than the owner have the right of pasturage \nduring winter, from lammas (reaping time) until \nsowing time. \nlieu land (loa). Public land within indemnity limits \ngranted in lieu of those lost within place limits. \n[Cases: Public Lands C=>S3, 81.] \nlife land. Hist. Land leased for a term measured by \nthe life of one or more persons. -Also termed life\nhold. \n\n956 land,lawof \nmade land. Artificially formed land, usu.land that has \nbeen reclaimed by filling or created by dredging. \nmineral land. (18c) Land that contains deposits of \nvaluable minerals in quantities justifying the costs \nof extraction and using the land for mining, rather \nthan agricultural Of other purposes. \nplace land. See INDEMNITY LAND. \npublic land. (17c) Lands Of land interests held by the \ngovernment, without regard to how the government \nacquired ownership; unappropriated land belonging \nto the federal or state government. Also termed \npublic lands; government land; public ground. [Cases: \nPublic Lands C=:> 1.] \n'The terms 'public lands' and 'federal lands' may ... include \nless than full fee interests, such as severed mineral estates. \nThey usually do not, however, refer to submerged lands \noff the seacoasts (over which the United States asserts \njurisdiction but not title), or lands held in trust for Indians.\" \nGeorge Cameron Coggins et aI., Federal Public Land and \nResources Law 3 (3d ed. 1993). \nreserved land. See RESERVATION (3). \nriparian land. 1. Land that includes part ofthe bed \nof a watercourse or lake. [Cases: Waters and \"Vater \nCourses C=:>40, 89, 109, In.] 2. Land that borders on a \npublic watercourse or public lake whose bed is owned \nby the public. [Cases: Waters and Water Courses C=:> \n39.] \nschool land. (18c) Public real estate set apart for sale \nor exploitation by a state to establish and fund public \nschools. [Cases: Public Lands G-'-::>51.J \nseated land. (1822) Land that is occupied, cultivated, \nimproved, reclaimed, farmed, or used as a place of \nresidence, with or without cultivation. \nsettled land. Any land -or any interest in it that is \nthe subject ofany document that limited it to, or put \nit into trust for, a person by way ofsuccession. \nswamp and overflowed land. (1853) Land that, because \nof its boggy, marshy, fenlike character, is unfit for cul\ntivation, requiring drainage or reclamation to render \nit available for beneficial use. -Such lands were \ngranted out of the U.S. public domain to the littoral \nstates by acts of Congress in 1850 and thereafter. 43 \nUSCA  981 et seq. [Cases: Public Lands C=:>58.] \ntideland. See TIDELAND. \nunimproved land. 1. Raw land that has never been \ndeveloped, and usu. that lacks utilities. 2. Land that \nwas formerly developed but has now been cleared of \nall buildings and structures. \nwithdrawn land. See RESERVATION (3). \nland, law of. See LAW OF THE LAND. \nland agent. See LAND MANAGER. \nland bank. (1921) 1. A bank created under the Federal \nFarm Loan Act to make loans at low interest rates \nsecured by farmland. [Cases: Agriculture ~;)3.2.] \n2. A program in which land is retired from agricul\ntural production for conservation or tree-cultivation purposes. Also termed soil bank. See FEDERAL HOME \nLOAN BANK. \nland boundary. See BOUNDARY. \nland certificate. A document entitling a person to receive \nfrom the government a certain amount ofland by fol\nlowing prescribed legal steps . It contains an official \ndescription ofthe land, as well as the name and address \nof the person receiving the entitlement, and is prima \nfacie evidence of the truth of the matters it contains. \nAlso termed land warrant. [Cases: Public Lands \n174.] \nlandcheap. Hist. A customary fine paid in money \nor cattle when any real property within a manor or \nborough was transferred. \nland-conservation agreement. See land-conservation \neasement under EASEMENT. \nland-conservation easement. See EASEMENT. \nland contract. See contract for deed under CONTRACT. \nland cop. Hist. The sale ofland evidenced by the transfer \nin court of a rod or festuca as a symbol of possession. \n The seller handed the rod to the reeve and the reeve \nhanded it to the purchaser. The conveyance occurred \nin court to provide better evidence of the transfer and \nto bar the claims of expected heirs. \nland court. See COURT. \nland damages. See just compensation under COMPEN\nSATION. \nland department. A federal or state bureau that deter\nmines factual matters regarding the control and \ntransfer ofpublic land . The federal land department \nincludes the General Land Office headed by the Secre\ntary of the Interior. See DEPARTMENT OF THE INTERIOR. \n[Cases: Public Lands C:::>94.] \nland description. See LEGAL DESCRIPTION. \nland district. See DISTRICT. \nlanded, adj. (lSc) 1. (Of a person) having an estate in \nland. 2. (Of an estate, etc.) consisting ofland. \nlanded estate. See ESTATE (1). \nlanded-estates court. See COURT. \nlanded property. See landed estate under ESTATE (1). \nlanded security. See SECURITY. \nlanded servitude. See servitude appurtenant under SER\nVITUDE (2). \nlandefricus (lan-dd-frI-bs). Hist. A landlord or lord of \nthe soil. \nlandegandman (lan-d,,-gand-m.m or lan-d\"-g\"nd-mdn). \nHist. A customary or inferior tenant of a manor. \nland flip. (1988) Real estate. A transaction in which a \npiece ofproperty is purchased for one price and imme\ndiately sold, usu. to a fictitious entity, for a much higher \nprice, to dupe a lender or later purchaser into thinking \nthat the property is more valuable than it actually"}
{"text": ", for a much higher \nprice, to dupe a lender or later purchaser into thinking \nthat the property is more valuable than it actually is. \nland forces. See UNITED STATES ARMY. \n\nland-gavel (land-gav-al). Hist. A tax or rent issuing from \nland. Also spelled landgable; land-gabel; land-gafol. \nSee GAVEL (1), (2). \nland grant. (1862) A donation ofpublic land to an indi\nvidual, a corporation, or a subordinate government. \n[Cases: Public Lands C--=\"42.] \nprivate land grant. (1861) A land grant to a natural \nperson. See land patent under PATENT (2). \nlandhlaford (land-[h]lav-ard). Hist. A proprietor ofland; \na lord of the soil. \nlandholder. (17c) One who possesses or owns land. \nland improvement. See IMPROVEMENT. \nlanding. (15c) 1. A place on a river or other navigable \nwater for loading and unloading goods, or receiving \nand delivering passengers and watercraft. 2. The ter\nmination point on a river or other navigable water for \nthese purposes. 3. The act or process of coming back \nto land after a voyage or flight. \nlanding law. A law prohibiting the possession or sale \nof fish or game that have been taken illegally. [Cases: \nFish 12.] \nland lease. See ground lease under LEASE. \nlandlocked, adj. (17c) 1. Surrounded by land, with no way \nto get in or out except by crossing the land of another \n<because the tract was landlocked, the buyer claimed \nan easement of necessity across the seller's property>. \n2. (Of a country) surrounded by other nations, with no \naccess to major navigable waterways <the landlocked \nnation had always been at a mercantile disadvantage to \nits seafaring neighbors>. \nlandlord. (bef. 12c) 1. At common law, the feudal \nlord who retained the fee of the land. -Sometimes \nshortened to lord. 2. One who leases real property to \nanother. -Also termed (in sense 2) lessor. [Cases: \nLandlord and Tenant (;:::> 1.] \nabsentee landlord. A landlord who does not live on the \nleased premises; usu., one who lives far away. -Also \ntermed absentee management. \nlandlord-and-tenant relationship. See LANDI,ORD-TEN\nANT RELATIONSHIP. \nlandlord's hypothec. See HYPOTHEC. \nlandlord's lien. See LIEN. \nlandlord's warrant. See WARRANT (1). \nlandlord-tenant relationship. (1921) The legal relation\nship between the lessor and lessee of real estate . The \nrelationship is contractual, created by a lease (or agree\nment for lease) for a term ofyears, from year to year, \nfor life, or at will, and exists when one person occupies \nthe premises of another with the lessor's permission \nor consent, subordinated to the lessor's title or rights. \nThere must be a landlord's reversion, a tenant's estate, \ntransfer ofpossession and control ofthe premises, and \n(generally) an express or implied contract. - Also \ntermed landlord-and-tenant relationship. See LEASE. \n[Cases: Landlord and Tenant 1.] landman. (1923) Oil & gas. A person responsible for \nacquiring oil and gas leases, negotiating arrange\nments for development ofleases, and managing leased \nproperties. In this field, both men and women are \ncommonly known as landmen. \nland manager. Oil & gas. A person who, usu. on behalf \nof an oil company, contracts with landowners for the \nmineral rights to their land. Also termed exploration \nmanager; land agent; landman. \nlandmark. (bef. 12c) 1. A feature of land (such as a \nnatural object, or a monument or marker) that demar\ncates the boundary of the land <according to the 1891 \nsurvey, the crooked oak tree is the correct landmark \nat the property's northeast corner>. [Cases: Boundar\nies C=c4, 5.] 2. A historically significant building or \nsite <the schoolhouse built in 1898 is the county's most \nfamous landmark>. See MONUMENT. [Cases: Environ\nmental Law (;::::>61-103.] \nlandmark decision. (1913) A judicial decision that sig\nnificantly changes existing law . Examples are Brown \nv. Board of Educ., 347 U.S. 483, 74 S.Ct. 686 (1954) \n(holding that segregation in public schools violates the \nEqual Protection Clause), and Palsgraf v. Long Island \nR.R., 162 N.E. 99 (N.Y. 1928) (establishing that a defen\ndant's duty in a negligence action is limited to plaintiffs \nwithin the apparent zone ofdanger that is, plaintiffs \nto whom damage could be reasonably foreseen). Also \ntermed landmark case. Cf. LEADING CASE. \nland office. (17c) A government office in which sales of \npublic land are recorded. [Cases: Public Lands \n94.] \nlandowner. One who owns land. \nlandowner's royalty. See ROYALTY (2). \nland patent. See PATENT (2). \nland-poor, adj. (1873) (Of a person) owning a substan\ntial amount of unprofitable or encumbered land, but \nlacking the money to improve or maintain the land or \nto pay the charges due on it. \nland-preservation agreement. See land-conservation \neasement under EASEMENT. \nlandreeve. Hist. A person charged with (1) overseeing \ncertain parts of a farm or estate, (2) attending to the \ntimber, fences, gates, buildings, private roads, and \nwatercourses, (3) stocking the commons, (4) watching \nfor encroachments of all kinds, (5) preventing and \ndetecting waste and spoliation by tenants and others, \nand (6) reporting on findings to the manager or land \nsteward. \nland revenue. See REVENUE. \nLandrum-Griffin Act. A federal law, originally enacted \nin 1959 as the Labor-Management Reporting and Dis\nclosure Act, designed to (1) curb corruption in union \nleadership and undemocratic conduct in internal union \naffairs, (2) outlaw certain types ofsecondary boycotts, \nand (3) prevent so-called hot-cargo provisions in col\nlective-bargaining agreements. See HOT CARGO. \n\n958 lands \nlands, n. pl. (14c) 1. At common law, property less exten\nsive than either tenements or hereditaments. 2. By \nstatute in some states, land including tenements and \nhereditaments. See HEREDITAMENTS; TENEMENT. \nland sales contract. See contract for deed under \nCONTRACT. \nland scrip. A negotiable instrument entitling the holder, \nusu. a person or company engaged in public service, \nto possess specified areas of public land. See SCRIP (1). \n[Cases: Public Lands (;::::J 135(1).] \nlands, tenements, and hereditaments. (16c) Real \nproperty. -The term was traditionally used in wills, \ndeeds, and other instruments. \nland tax. See property tax under TAX. \nland-tenant. See TERRE-TENANT. \nLand Titles and Transfer Act. Hist. An 1875 statute \nestablishing a registry for titles to real property, and \nproviding for the transfer of lands and recording of \nthose transfers. 38 & 39 Vict., ch. 87. -The act is analo\ngous in some respects to American recording laws, such \nas those providing for a registry of deeds. A system \nof title registration superseded this registry system in \n1925. \nland trust. See TRUST. \nland trust certificate. An instrument granting the holder \na share ofthe benefits ofproperty ownership, while the \ntrustee retains legal title. See land trust under TRUST. \nland-use planning. (1939) The deliberate, systematic \ndevelopment of real estate through methods such as \nzoning, environmental-impact studies, and the like. \nAlso spelled landuse planning. Also termed urban \nplanning. [Cases: Zoning and Planning \nland-use regulation. An ordinance or other legisla\ntive enactment governing the development or use of \nreal estate. Also spelled landuse regulation. [Cases: \nZoning and Planning (;::::J 1.] \n\"Public regulation of the use and development of land \ncomes in a variety of forms which generally focus on four \naspects of land use: (1) the type of use, such as whether \nit will be used for agricultural, commercial, industrial, or \nresidential purposes; (2) the density of use, manifested \nin concerns over the height, width, bulk, or environmen \ntal impact of the physical structures on the land; (3) the \naesthetic impact of the use, which may include the design \nand placement of structures on the land; and (4) the effect \nof the particular use of the land on the cultural and social \nvalues of the community, illustrated by community conflicts \nover adult entertainment, housing for service-dependent \ngroups such as low income families and developmentally \ndisabled persons, and whether the term family should be \ndefined in land use regulations to include persons who are \nnot related by blood or marriage.\" Peter W. Salsich Jr., Land \nUse Regulation 1 (1991). \nland waiter. English law. A customhouse officer with the \nresponsibility ofexamining, tasting, weighing, measur\ning, and accounting for merchandise landing at any \nport. \nland warfare. See WARFARE. \nland warrant. See LAND CERTIFICATE. Langdell system. See CASEBOOK METHOD. \nlangeman (lan-ja-m.:m), n. Hist. A lord of a manor. PI. \nlangemanni (lan-ja-man-I). \nlanguage. (14c) 1. Any organized means of convey\ning or communicating ideas, esp. by human speech, \nwritten characters, or sign language <what language \ndid they speak?>. 2. The letter or grammatical import \nofa document or instrument, as distinguished from its \nspirit <the language ofthe statute>. \nlanguidus (lang-gwi-d;)s), n. [Law Latin \"sick\"] Hist. At \ncommon law, a return of process made by the sheriff \nwhen a defendant whom the sheriff had taken into \ncustody was too sick to be removed. \nLanham Act (lan-am). A federal trademark statute, \nenacted in 1946, that provides for a national system \nof trademark registration and protects the owner of \na federally registered mark against the use of similar \nmarks if any confusion might result or if the strength \nofa strong mark would be diluted. -The Lanham Act's \nscope is independent of and concurrent with state \ncommon law. 15 USCA  1051 et seq. Also termed \nFederal Trademark Act; Trademark Act of1946. \nlapidation (lap-::>-day-sh;)n), n. An execution by stoning \na person to death. -lapidate (lap-::>-dayt), vb. \nlappage (Iap-ij). Interference; lap and overlap; conflict. -\nLappage applies when two different owners claim under \ndeeds or grants that, in part, cover the same land. \nlapping. (1939) An embezzlement technique by which \nan employee takes funds from one customer's accounts \nreceivable and covers it by using a second customer's \npayment to pay the first account, then a third cus\ntomer's payment to pay the second account, and so on. \n[Cases: Embezzlement (;::::J 12.] \nlapse, n. (16c) L The termination ofa right or privilege \nbecause ofa failure to exercise it within some time limit \nor because a contingency has occurred or not occurred. \n2. Wills & estates. The failure of a testamentary gift, \nesp. when the beneficiary dies before the testator. See \nANTILAPSE STATUTE. Cf. ADEMPTION. [Cases: Wills \n774-777.J \nlapse, vb. (18c) 1. (Of an estate or right) to pass away or \nrevert to someone else because conditions have not been \nfulfilled or because a person entitled to possession has \nfailed in some duty. See lapsed policy under INSURANCE \nPOLICY. 2. (Of a devise, grant, etc.) to become void. \nlapsed devise. See DEVISE. \nlapsed legacy. See LEGACY. \nlapsed policy. See INSURANCE POLICY. \nlapse patent. See PATENT (2). \nlapse statute. See ANTILAPSE STATUTE. \nlapsus bonis (lap-s;)s boh-nis). [Latin] Scots law. Reduced \nin worldly circumstances. -The phrase appeared in \nreference to a person who was having temporary finan\ncial difficulties. \n\n959 laron \nlarcenable (lahr-sCl-I1J-bCll), adj. (1920) Subject to larceny \n<because it cannot be carried away, real estate is not \nlarcenable>. [Cases: LarcenyC=>4-1O.] \nlarcenist, n. (1803) One who commits larceny. See \nLARCENY. \nlarcenous (lahr-sCl-nJs), adj. (18c) 1. Of, relating to, or \ncharacterized by larceny <a larcenous taking>. 2. (Of a \nperson) contemplating or tainted with larceny; thievish \n<a larcenous purpose>. \nlarcenous intent. See INTENT (1). \nlarceny (lahr-sCl-nee), n. (15c) The unlawful taking and \ncarrying away ofsomeone else's personal property with \nthe intent to deprive the possessor of it permanently. \n Common-law larceny has been broadened by some \nstatutes to include embezzlement and false pretenses, \nall three ofwhich are often subsumed under the statu\ntory crime of\"theft. Cf. ROBBERY. [Cases: Larceny C:::) \n1.] \n'The criminal offence of larceny or theft in the Common Law \nwas intimately connected with the civil wrong of trespass. \n'Where there has been no trespass,' said Lord Coleridge, \n'there can at law common be no larceny.' Larceny. in other \nwords, is merely a particular kind of tres"}
{"text": ", \n'there can at law common be no larceny.' Larceny. in other \nwords, is merely a particular kind of trespass to goods \nwhich, by virtue of the trespasser's intent, is converted \ninto a crime. Trespass is a wrong, not to ownership but to \npossession, and theft, therefore, is not the violation of a \nperson's right to ownership, but the infringement of his \npossession, accompanied with a particular criminal intent.\" \n4 Stephen's Commentaries on the Laws of Eng/and 72-73 \n(l. Crispin Warmington ed., 21st ed. 1950). \n\"[Tlhe distinctions between larceny, embezzlement and \nfalse pretenses serve no useful purpose in the criminal \nlaw but are useless handicaps from the standpoint of the \nadministration of criminal justice. One solution has been \nto combine all three in one section of the code under the \nname of 'larceny.' This has one disadvantage, however, \nbecause it frequently becomes necessary to add a modifier \nto make clear whether the reference is to common-law \nlarceny or to statutory larceny.\" Rollin M. Perkins & Ronald \nN. Boyce, Criminal Law 389 (3d ed. 1982). \naggravated larceny. (1831) Larceny accompanied by \nsome aggravating factor (as when the theft is from a \nperson). -Also termed compound larceny. [Cases: \nLarceny~23.] \ncomplicated larceny. See mixed larceny. \ncompound larceny. 1. See aggravated larceny. 2. See \nmixed larceny. \nconstructive larceny. (1827) Larceny in which the per\npetrator's felonious intent to appropriate the goods is \nconstrued from the defendant's conduct at the time \nof asportation, although a felonious intent was not \npresent before that time. [Cases: Larceny (;:::::3(2).] \ngrand larceny. (1828) Larceny ofproperty worth more \nthan a statutory cutoff amount, usu. $100. Cf. petit \nlarceny. [Cases; Larceny C=>23.] \n''The English law, as the result of an early statute [the Statute \nof Westminster I, ch. 15 (1275)]. classified this offense \n[larceny] as either (1) grand larceny or (2) petit larceny (now \nfrequently written petty larceny), the former being a capital \noffense and the latter punishable by forfeiture of goods \nand whipping, but not death. Both, as mentioned earlier, \nwere felonies. The offense was grand larceny if the value \nof the property stolen exceeded twelve pence and petit larceny if it did not. Modern statutes very generally retain \nthis same classification (sometimes without using these \nlabels) but with different penalties and different values set \nas the dividing line.\" Rollin M. Perkins & Ronald N. Boyce, \nCriminal Law 335 (3d ed. 1982). \nlarceny by a constructive trespass. Larceny that occurs \nwhen a property owner mistakenly gives another \nperson more property than is due, and the recipient \nknows about the error but does not disclose it before \ntaking the excess property with the intent ofconvert\ning it to his or her own use. \nlarceny by bailee. Larceny committed by a bailee who \nconverts the property to personal use or to the use of \na third party. [Cases: Embezzlement (;:::::-, 16; Larceny \n(;::::> 15.] \nlarceny by extortion. See theft by extortion under \nTHEFT. \nlarceny byfraud and deception. See larceny by trick. \nlarceny by trick. (1898) Larceny in which the taker \nmisleads the rightful possessor, by misrepresentation \nof fact, into giving up possession of (but not title to) \nthe goods. - Also termed larceny by trick and decep\ntion; larceny by trick and device; larceny by fraud and \ndeception. Cf. FALSE PRETENSES; cheating by false pre\ntenses under CHEATING. [Cases: Larceny ~14.J \nlarceny from the person. (18c) Larceny in which the \ngoods are taken directly from the person, but without \nviolence or intimidation, the victim usu. being \nunaware ofthe taking. Pickpocketing is a typical \nexample. This offense is similar to robbery except that \nviolence or intimidation is not involved. Cf. ROBBERY. \n[Cases: LarcenyC=>19.] \nlarceny ofproperty lost, mislaid, or delivered by \nmistake. See theft ofproperty lost, mislaid, or deliv\nered by mistake under THEFT. \nmixed larceny. (18c) 1. Larceny accompanied by aggra\nvation or violence to the person. Cf. simple larceny. \n2. Larceny involving a taking from a house. -Also \ntermed compound larceny; complicated larceny. \npetit larceny. (I6c) Larceny ofproperty worth less than \nan amount fixed by statute. usu. $100. -Also spelled \npetty larceny. Cf. grand larceny. [Cases: Larceny \n23.] \nsimple larceny. (I8c) Larceny unaccompanied by aggra\nvating factors; larceny ofpersonal goods unattended \nby an act ofviolence. Cf. mixed larceny (1). \nlarger parcel. (1895) Eminent domain. A portion ofland \nthat is not a complete parcel, but is the greater part of \na bigger tract, entitling the owner to damages both for \nthe parcel taken and for its severance from the larger \ntract. To grant both kinds of damages, a court gen\nerally requires the owner to show unity ofownership, \nunity of use, and contiguity ofthe land. But some states \nand the federal courts do not require contiguity when \nthere is strong evidence ofunity ofuse. See ECONOMIC \nUNIT. [Cases: Eminent Domain ~96, 135.] \nlaron (lar-dn), n. [Law French] Hist. A thief. \n\nLarrison rule (lar-<>-s<}n). (19S2) Criminal law. The ! last heir. Hist. The person -either the lord ofthe manor \ndoctrine that a defendant may be entitled to a new trial \non the basis ofnewly discovered evidence offalse testi\nmony by a government witness if the jury might have \nreached a different conclusion without the evidence \nand it unfairly surprised the defendant at trial. Larrison \nv. United States, 24 F.2d 82 (7th Cir. 1928). [Cases: \nCriminal Law (;=>942.] \n\"The most usual rule in cases in which it is claimed that \nthere was false testimony at the trial or that the witness \nhas since recanted is the 'Larrison rule,' taking its name \nfrom the Seventh Circuit case in which it was announced. \nThis is that three requirements must be met before a new \ntrial will be granted on this ground: '(a) [That the] the court \nis reasonably well satisfied that the testimony given by a \nmaterial witness [was] false. (b) That without it the jury \nmight have reached a different conclusion. (c) That the \nparty seeking the new trial was taken by surprise when the \nfalse testimony was given and was unable to meet it for it \ndid not know of its falsity until after the triaL'\" 3 Charles \nAlan Wright, Federal Practice and Procedure  557.1, at 343 \n(2d ed. 1982) (quoting Larrison, 24 F.2d at 87-88). \nlascivious (l<>-siv-ee-ds), adj. (1Sc) (Of conduct) tending \nto excite lust; lewd; indecent; obscene. \nlascivious cohabitation. See illicit cohabitation under \nCOHABITATION. \nL'Association Litteraire et Artistique Internationale. \nCopyright. An organization of authors, artists, and \nother supporters ofinternational copyright protection. \n In 1878, the Association drafted five resolutions that \nwould become the starting point for the Berne Conven\ntion. In 1883, the organization called the first meeting \nin Berne, Switzerland for the purpose of creating a \nunion to enforce international copyrights. Often \nshortened to the International Association. -Abbr. \nALAI. \nlast, n. Hist. 1. A burden. 2. A measure of weight used \nfor bulky commodities. \nlast antecedent, rule ofthe. See RULE OF THE LAST ANTE\nCEDENT. \nlast-dear-chance doctrine. (1904) Torts. The rule that a \nplaintiff who was contributorily negligent may none\ntheless recover from the defendant ifthe defendant had \nthe last opportunity to prevent the harm but failed to \nuse reasonable care to do so (in other words, if the \ndefendant's negligence is later in time than the plain\ntiff's). This doctrine allows the plaintiff to rebut the \ncontributory-negligence defense in the few jurisdic\ntions where contributory negligence completely bars \nrecovery. Also termed discovered-peril doctrine; \nhumanitarian doctrine; last-opportunity doctrine; \nsubsequent-negligence doctrine; supervening-negligence \ndoctrine; doctrine ofultimate negligence; doctrine ofdis\ncovered peril; doctrine ofsubsequent negligence. [Cases: \nAutomobiles (;=>227; Negligence (;=>S30, 1297.) \nlast-employer rule. The doctrine that liability for an \noccupational injury or illness falls to the employer \nwho exposed the worker to the injurious substance just \nbefore the first onset of the disease or injury. Also \ntermed last-injurious-exposure rule. [Cases: Workers' \nCompensation (;=>201.] or the sovereign -to whom lands come by escheat \nwhen there is no lawful heir. \nlast illness. (1904) The sickness ending in the person's \ndeath. Also termed last sickness. \nlast-in, first-out. (1934) An accounting method that \nassumes that the most recent purchases are sold or \nused first, matching current costs against current \nrevenues. Abbr. LIFO. Cf. FIRST-IN, FIRST-OUT; \nNEXT-IN, FIRST-OUT. [Cases: Internal Revenue \n31OS.1.] \nlast-injurious-exposure rule. See LAST-EMPLOYER \nRULE. \nlast-in-time-marriage presumption. Family law. A pre\nsumption that the most recently contracted marriage is \nvalid. -This presumption generally arises in a situation \nsimilar to this: A person, believing himself or herself \nto be divorced, remarries. This person dies, and the \nnew spouse makes a claim for the decedent's pension \nbenefits. Then a former spouse, claiming that there was \nnever a valid divorce, also claims the right to receive \nthe benefits. The last-in-time-marriage presumption \noperates so that the former spouse bears the burden \nof proving that there was no valid divorce. [Cases: \nMarriage C\"-:J40(S).] \nlast-link doctrine. (198S) The rule that an attorney \nneed not divulge nonprivileged information if doing \nso would reveal information protected by the attor\nney-client privilege, particularly if the information \nwould provide essential evidence to support indicting \nor convicting the client of a crime . This doctrine is \noften relied on as an exception to the rule that a client's \nidentity is not privileged. For example, ifdivulging the \nclient's name would supply the last link of evidence \nto indict or convict that client, the attorney need not \ndisclose the client's name. [Cases: Privileged Commu\nnications and Confidentiality (;=> 146.] \nlast-opportunity doctrine. See LAST-CLEAR-CHANCE \nDOCTRINE. \nlast-proximate-act test. (1961) Criminal law. A common\nlaw test for the crime ofattempt, based on whether the \ndefendant does the final act necessary to commit an \noffense (such as pulling the trigger of a gun, not merely \naiming it) . Most courts have rejected this test as being \ntoo lenient. See ATTEMPT (2). [Cases: Criminal Law(;=> \n44.] \nlast resort, court of. See court of last resort under \nCOURT. \nlast sickness. See LAST ILLNESS. \nlast-straw doctrine. Employment law. The rule that the \ntermination of employment may be justified by a series \nof incidents of poor performance, not one of which \nalone would justify termination, followed by a final \nincident shOWing a blatant disregard for the employ\ner's interests. \nlast-survivor life insurance. See LIFE INSURANCE. \n\n961 lator \nlast-treatment rule. The doctrine that, for an ongoing \nphysician-patient relationship, the statute oflimita\ntions on a medical-malpractice claim begins to run \nwhen the treatment stops or the relationship ends. \n[Cases: Limitation of Actions (:::::>55(3).] \nlast will. See WILL. \nlast will and testament. See last will under WILL. \nlata culpa. See CULPA. \nlata neglegentia (lay-tJ neg-1J-jen-shee-J). See NEGLE\nGENTIA. \nlatching. A survey of a mine; an underground survey. \nlate, adj. (bel'. 12c) 1. Tardy; coming after an appointed \nor expected time <a late filing>. 2. (Of a person) only \nrecently having died <the late Secretary of State>. \nlate charge. See CHARGE. \nlatecomer. See JU~IOR USER. \nlatens (lay-tenz), adj. [Latin] Hidden or unapparent. \nlatent (lay-tJnt), adj. (I5c) Concealed; dormant <a latent \ndefect>. Cf. PATENT. \nlatent ambiguity. See AMBIGUITY. \nlatent deed. See DEED. \nlatent defect. See hidden defect under DEFECT. \nlatent equity. See EQUITY. \nlatent intent. See dormant legislative intent under LEG\nISLATIVE INTENT. \nlatent intention. See dormant legislative intent under \nLEGISLATIVE INTE~T. \nlateral departure. See DEPART1lRE. \nlateral sentencing. See lateral departure under DEPAR\nTURE. \nlateral support. See SUPPORT (4). \nlaterare (lat-J-ra"}
{"text": "under DEPAR\nTURE. \nlateral support. See SUPPORT (4). \nlaterare (lat-J-rair-ee). [Law Latin] Hist. To lie sideways, \nrather than endways . lhis term was formerly used in \nland descriptions. \nlate-term abortion. See ABORTION. \nlatifundium (lat-J-f;Jn-dee-dm), n. [Latin fro latus \n\"broad\" +fundus \"land\"] Roman law. A large private \nestate, common in the late Republic. \nLatin. The language of the ancient Romans and a primary \nlanguage of the civil and canon law, and formerly of the \ncommon law. \n\"The value of the Latin has always consisted in its peculiar \nexpressiveness as a language of law terms, in its superior \nconciseness which has made it the appropriate language \nof law maxims, and in its almost unlimited capacity of \ncondensation by means of abbreviations and contractions, \nmany of which are retained in popular use at the present \nday.\" 2 Alexander M. Burrill, A Law Dictionary and Glossary \n131 (2d ed. 1867). \n\"The Latin maxims have largely disappeared from argu' \nments and opinions. In their original phraseology they \nconvey no idea that cannot be well expressed in modern \nEnglish.\" William C. Anderson, Law Dictionaries, 28 Am. L. \nRev. 531, 532 (1894). latinarius (lat-d-nair-ee-ds), n. [Latin] Hist. An inter\npreter of Latin. \nLatini Juniani (ld-tI-m joo-nee-ay-m), n. pl. [Latin \n\"Junian Latins\"] Roman law. Informally manumit\nted slaves who acqUired some rights and privileges \nas free people, but not Roman citizenship . They \nwere a special class offreedmen (libertini) who could \nbecome citizens. Ifa Latinus Junianus did not become \na citizen, then upon death that person's status reverted \nto slavery, and his or her patron acquired all the dece\ndent's property. Also termed libertine lunian Latins. \nSee LEX TUNIA NORBANA. Cf. INGENUUS; SERV1lS. \n\"Upon all these persons ... a new and definite status was \nconferred; they were henceforth to be known as Latini \njuniani, their position being based upon Latinitas, a \nstatus which had been enjoyed by certain latin colonists. \nA Latinus junianus had no public rights .... But he had \npart ofthe commercium, i.e. he could acquire proprietary \nand other rights inter vivos, but not mortis causa. A Latinus \njunianus, therefore, could neither take under a will ... nor \ncould he make one .... But, subject to these disabilities, a \nLatinus junianus was a free man, and his children, though \nnot, like the children of citizens, under his potestas, were \nfree-born citizens.\" R.W. Leage, Roman Private Law 68-69 \n(C.H. Ziegler ed., 2d ed. 1930). \nlatitat (lat-d-tat), n. [Law Latin \"he lurks\"] Hist. A writ \nissued in a personal action after the sheriff returned \na bill of Middlesex with the notation that the defen\ndant could not be found . The writ was called latitat \nbecause ofits fictitious recital that the defendant lurks \nabout in the county. It was abolished by the Process in \nCourts of Law at Westminster Act of 1832 (St. 2, Will. \n4, ch. 39). See BILL OF MIDDLESEX; TESTATUM. \n\"Latitat is a writ by which all men in personal actions are \noriginally called in the king's bench to answer. And it is \ncalled latitat, because it is supposed by the writ that the \ndefendant cannot be found in the county of Middlesex, as it \nappears by the return of the sheriff of that county, but that \nhe lurks in another county: and therefore to the sheriff of \nthat county is this writ directed to apprehend him.\" Termes \nde la Ley 277 (1 st Am. ed. 1812). \nlatitatio (lat-d-tay-shee-oh), n. [Law Latin] Civil law. A \nlurking; a hiding; a concealment, esp. to avoid a trial. \nLatium majus (Iay-shee-dm may-jds). [Latin] Roman \nlaw. 1he greater rights conferred on the inhabitants \nof Latium and, later, of colonies outside Italy, giving \ncitizenship to all members of the local curia or town \ncouncil and their children. Cf. LATIUM MINUS. \n\"Under the Principate there is a distinction between Latium \nmaius and Latium minus. The former referred to the rights \ngranted to colonies founded as a coloniae Latinae outside \nItaly, combined with the concession of Roman citizenship \nto a larger group of individuals than Latium minus, in \nwhich only the municipal magistrates and members of the \nmunicipal council ... were rewarded with Roman citizen\nShip.\" Adolf Berger, Encyclopedic Dictionary ofRoman Law \n537-38 (1953). \nLatium minus (lay-shee-dm IDI-nds). [Latin] Roman law. \nThe right ofcitizenship granted to the superior mag\nistrates of provincial colonies. -Also termed minus \nLatium. Cf. LATIUM MAIUS. \nlator (lay-t;}r), n. [Latin \"a bearer, proposer\"] Civil law. 1. \nA bearer; a messenger. 2. A maker or giver oflaws. \n\n962 latori praesentium \nlator; praesentium (lay-tor-I or l<l-tor-I pri-sen-shee-\"rn). \n[Law Latin) Scots law. To the bearer of these presents. \n The phrase appeared in reference to written notes or \nbonds made payable to an unnamed creditor. \nlato sensu (lay-toh sen-s[yJoo). [Latin] Hist. In a wide \nsense; in a broad sense. \nlatro (la-troh), n. [Latin] Roman law. A robber; a \nbrigand. \nlatrocination (la-tr<l-s<l-nay-sh;m). [fro Latin latrocinium \n\"highway robbery\") Archaic. The act ofrobbing; a dep\nredation; a theft. -Also termed latrociny; latrocinium. \nSee LARCENY; THEFT. \nlatrocinium (la-trd-sin-ee-\"m), n. [Latin fr. Zatro \"a \nrobber\"] Hist. 1. LATROCINATION. 2. Something stolen. \n3. The right to judge and execute thieves. \nlatrociny (la-tr<l-s<l-nee). See LATROCINATION. \nlaudamentum (law-d<l-men-t<'lm), n. Hist. A jury \naward. \nlaudare (law-dair-ee), vb. [Latin] 1. CivilZaw. To name; \nto cite or quote as authority. 2. Hist. To determine or \npass upon (a case, etc.) judicially. \nlaudatio (law-day-shee-oh), n. [Latin] Roman law. \nCourt testimony concerning an accused person's good \nbehavior and integrity oflife . This testimony resem\nbles the practice in modern criminal trials of calling \npersons to speak favorably about a defendant's charac\nter. PI. laudationes (law-day-shee-oh-neez). \nlaudator (law-day-t<lr), n. [Latin]l. Roman law. A char\nacter witness in a criminal trial. 2. Hist. An arbitrator. \nPI. laudatores (law-d<'l-tor-eez). \nlaudatory words. Patents. In a patent claim, descrip\ntive but self-serving and conclusory words about the \ninvention's quality or features, such as \"faster\" or \"more \neffective.\"  Laudatory words are usu. not allowed in \nthe claims of utility-patent applications, but they are \nallowed in plant-patent applications. \nlaudemium (law-dee-mee-<lm), n. [Law Latin] Hist. \nA sum paid to a landowner by a person succeeding \nto a particular form of land contract by gift, devise, \nexchange, or sale; HERIOT . 1he payment equaled 2% \nofthe purchase money, and was paid to the landowner \nfor acceptance ofthe successor. -Also termed (in old \nEnglish law) acknowledgment money. See EMPHYTEU\nSIS. \nlaudere auctorem (law-deer-ee awk-tor-dm). See NOMI\nNATIO AUCTORIS. \nlaudum (law-d\"m), n, [Law Latin] Hist. An arbitrament. \nSee ARBITRAMENT. \nlaughe, n. See FRANKPLEDGE. \nlaughing heir. See HEIR. \nlaunch, n. (I8c) 1. The movement of a vessel from the \nland into the water, esp. by sliding along ways from the \nstocks on which the vessel was built. 2. A large open \nboat used in any service; LIGHTER. \nlaundering, n. See MONEY-LAUNDERING. laundry list. (1958) Slang. An enumeration of items, as \nin a statute or court opinion <Texas's consumer-pro\ntection law contains a laundry list of deceptive trade \npractices>. \nlaureate (lor-ee-it), n. (l6c) 1. Hist. An officer ofthe sov\nereign's household, who composed odes annually on \nthe sovereign's birthday, on the new year, and occa\nsionally on the occurrence of a remarkable victory. 2. \nA person honored for great achievement in the arts and \nsciences, and esp. in poetry. \nlaus Deo (laws dee-oh or lows day-oh). [Latin] Archaic. \nPraise be to God. This was a heading to a bill of \nexchange. \nlaw. (bef. 12c) 1. The regime that orders human activi\nties and relations through systematic application ofthe \nforce ofpolitically organized society, or through social \npressure, backed by force, in such a society; the legal \nsystem <respect and obey the law>. 2. The aggregate \nof legislation, judicial precedents, and accepted legal \nprinciples; the body ofauthoritative grounds ofjudicial \nand administrative action; esp., the body ofrules, stan\ndards, and principles that the courts of a particular \njurisdiction apply in deciding controversies brought \nbefore them <the law ofthe land>. 3. The set ofrules or \nprinciples dealing with a specific area ofa legal system \n<copyright law>. 4. The judicial and administrative \nprocess; legal action and proceedings <when settlement \nnegotiations failed, they submitted their dispute to the \nlaw>. 5. A statute <Congress passed a law>. Abbr. \n1. 6. COMMON LAW <law but not equity>. 7. The legal \nprofession <she spent her entire career in law>. \n\"Some twenty years ago I pointed out two ideas running \nthrough definitions of law: one an imperative idea, an idea \nof a rule laid down by the lawmaking organ of a politically \norganized society, deriving its force from the authority \nof the sovereign; and the other a rational or ethical idea, \nan idea of a rule of right and justice deriving its authority \nfrom its intrinsic reasonableness or conformity to ideals \nof right and merely recognized, not made, by the sover\neign.\" Roscoe Pound, \"More About the Nature of law,\" in \nLegal Essays in Tribute to Orrin Kip McMurray at 513, 515 \n(1935). \n\"All law is the law of a group of individuals or of groups \nmade up of individuals. No one can make a law purely \nfor himself. He may form a resolution, frame an ambition. \nor adopt a rule, but these are private prescriptions, not \nlaws.\" Tony Honore, Making Law Bind: Essays Legal and \nPhilosophical 33 (1987). \n\"It will help to distinguish three senses of the word 'law.' \nThe first is law as a distinctive social institution; that is the \nsense invoked when we ask whether primitive law is really \nlaw. The second is law as a collection of sets of proposi\ntions the sets we refer to as antitrust law, the law of \ntorts, the Statute of Frauds, and so on. The third is law as \na source of rights, duties, and powers, as in the sentence \n'The law forbids the murdering heir to inherit. Richard A, \nPosner, The Problems ofJurisprudence 220-21 (1990). \nadjective law. See ADJECTIVE LAW. \ncanon law. See CANO~ LAW. \ncaselaw. See CASELAW. \ndvillaw. See CIVIL LAW. \ncommon law. See COMMON LAW. \n\n963 \nconsuetudinary law (kon-swd-t[y]oo-dd-ner-ee). [fro \nLatin consuetudo \"custom\"] Hist. Ancient customary \nlaw that is based on an oral tradition. \nconventional law. See CONVENTIONAL LAW. \ncustomary law. See CUSTOMARY LAW. \ndivine law. See DIVINE LAW. \nenacted law. Law that has its source in legislation; \nWRITTEN LAW. \nfederal law. See FEDERAL LAW. \ngeneral law. 1. Law that is neither local nor confined \nin application to particular persons. _ Even ifthere is \nonly one person or entity to which a given law applies \nwhen enacted, it is general law ifit purports to apply \nto all persons or places ofa specified class throughout \nthe jurisdiction. -Also termed general statute; law of \na general nature. Cf. special law. [Cases: Statutes (;::) \n68.] 2. A statute that relates to a subject of a broad \nnature. \nimperative law. A rule in the form of a command; a \nrule of action imposed on people by some authority \nthat enforces obedience. \n\"Strictly speaking, it is not possible to say that impera\ntive law is a command in the ordinary sense of the word. \nA 'command' in the ordinary meaning of the word is an \nexpression of a wish by a person or body as to the conduct \nof another person, communicated to that other person. But \n(1) in the case of the law there is no determinate person \nwho as a matter of psychological fact commands all the \nlaw. We are all born into a community in which law already \nexists, and at no time in our lives do any of us command \nthe whole law, The most that we do is to play our part in \nenforcing or altering particular portions of it. (2) Ignorance \nof the law is no excuse; thus a rule of law is binding even \nthough not communicated to the subject of the law.\" John \nSalmond, Jur"}
{"text": "no excuse; thus a rule of law is binding even \nthough not communicated to the subject of the law.\" John \nSalmond, Jurisprudence 21 n,(c) (Glanville L. Williams ed., \n10th ed. 1947). \ninternal law. 1. Law that regulates the domestic affairs \nofa country. Cf. INTERNATIONAL LAW. 2. LOCAL LAW \n(3). \nlocal law. See LOCAL LAW. \nmoral law. See MORAL LAW. \nnatural law. See NATURAL LAW. \npartial law. A statute deSigned (usu. intentionally) \nto affect the rights of only one particular person or \nonly certain classes of people, rather than all people. \n[Cases: Statutes (::::>77.] \npermanent law. A statute that continues in force for \nan indefinite time. \npositive law. See POSITIVE LAW. \nprocedural law. See PROCEDURAL LAW. \nprospective law. See prospective statute under STAT\nUTE. \nspecial law. A law that pertains to and affects a par\nticular case, person, place, or thing, as opposed to the \ngeneral public. -Also termed special act; private law. \nCf. general law (1). [Cases: Statutes (::::J77.] \nstate law. See STATE LAW. law and literature \nsumptuary law. See SUMPTUARY LAW. \ntacit law. A law that derives its authority from the \npeople's consent, without a positive enactment. \nunenacted law. Law that does not have its source in \nlegislation; UNWRITTEN LAW (1). \nunwritten law. A rule, custom, or practice that has not \nbeen enacted in the form of a statute or ordinance. \n_ The term traditionally includes caselaw. -Also \ntermed jus non scriptum; jus ex non scripta; lex non \nscripta; jus moribus constitutum. See CASELAW. Cf. \nwritten law. \n\"[Tlhe very words of the court promulgating the opinion \nand making the decision do not determine absolutely \nthe rule of law but. . the rule of law is ascertained by \ndiscovering what general proposition was essential to the \nresult reached, and by using the words of the opinion as a \nmere aid in the ascertaining of that rule, so that, although \nopinions are written, the authoritative rules derived from \nthem are sometimes not written, but are ascertained by the \nuse of reason, causing case law to be classed as unwritten \nlaw lex non scripta, to use the Latin phrase.\" William M. \nLile et aI., Brief Making and the Use of Law Books 335 (3d \ned.1914), \n\"In the common law it is not too much to say that the judges \nare always ready to look behind the words of a precedent \nto what the previous court was trying to say, or to what \nit would have said if it could have foreseen the nature of \nthe cases that were later to arise, or if its perception of \nthe relevant factors in the case before it had been more \nacute. There is, then, a real sense in which the written \nwords of the reported decisions are merely the gateway to \nsomething lying behind them that may be called, without \nany excess of poetic license, 'unwritten law.'\" Lon L. Fuller, \nAnatomy of the Law 145 (1968). \nwritten law. Statutory law, together with constitutions \nand treaties, as opposed to judge-made law. -Also \ntermed jus scriptum; lex scripta. Cf. unwritten law. \nlaw agent. Scots law. See SOLICITOR (4). \nlaw and economics. (often cap.) (1979) 1. A diScipline \nadvocating the economic analysis of the law, whereby \nlegal rules are subjected to a cost-benefit analysis \nto determine whether a change from one legal rule \nto another will increase or decrease allocative effi\nciency and social wealth. -Originally developed as \nan approach to antitrust policy, law and economics is \ntoday used by its proponents to explain and interpret \na variety oflegal subjects. 2. Ibe field or movement in \nwhich scholars devote themselves to this discipline. 3. \nThe body ofwork produced by these scholars. \nlaw and literature. (often cap.) (1997) 1. Traditionally, \nthe study of how lawyers and legal institutions are \ndepicted in literature; esp., the examination of law\nrelated fiction as sociological evidence of how a given \nculture, at a given time, views law, Also termed \nlaw in literature. 2. More modernly, the application of \nliterary theory to legal texts, focusing esp. on lawyers' \nrhetoric, logic, and style, as well as legal syntax and \nsemantics. -Also termed law as literature. 3. The field \nor movement in which scholars devote themselves to \nthis study or application. 4. lhe body ofwork produced \nby these scholars. \n\n964 law arbitrary \nlaw arbitrary. A law not found in the nature of things, \nbut imposed by the legislature's mere will; a bill not \nimmutable. \nlaw as literature. See LAW AND LITERATURE (2). \nlaw between states. See INTERNATIONAL LAW. \nlawbook. (16c) A book, usu. a technical one, about the \nlaw; esp., a primary legal text such as a statute book or \nbook that reports caselaw. -Also written law book. \nlawbreaker, n. (I5c) A person who violates or has violated \nthe law. \nlawburrows (law-b;;!r-ohz). Scots law. 1. An action requir\ning security for the peaceable behavior of a party. 2. \nSecurity obtained by a party apprehensive of danger \nto safeguard the peace. \nlaw clerk. 1. See CLERK (4). 2. See PARALEGAL (2). \nlaw commission. (often cap.) An official or quasi-offi\ncial body of people formed to propose legal reforms \nintended to improve the administration of justice. \nSuch a body is often charged with the task ofreviewing \nthe law with an eye toward systematic development and \nreform, esp. through codification. \nlaw court. 1. See COURT (1). 2. See COURT (2). -Also \nwritten law-court. \nlaw court of appeals. Hist. An appellate tribunal, \nformerly existing in South Carolina, for hearing appeals \nfrom the courts oflaw. \nlaw-craft, n. (l6c) The practice oflaw. \n'This quest for ever broader empirical understanding must, \nof course, be kept under reasonable control in practical \nlaw-craft, lest it delay necessary decisions in a continu\nally expanding and pointlessly expensive factfinding \nspiral.\" Bruce A. Ackerman, Reconstructing American Law \n30 (1984). \nlaw day. 1. Archaic. The yearly or twice-yearly meeting \nof one ofthe early common-law courts. 2. Archaic. The \nday appointed for a debtor to discharge a mortgage or \nelse forfeit the property to the lender. [Cases: Mort\ngages (;:::::::'301, 335, 599(1).] 3. (cap.) A day on which \nAmerican schools, public assemblies, and courts draw \nattention to the importance oflaw in modern society. \n Since 1958, the ABA has sponsored Law Day on May \n1 ofeach year. \nlaw department. A branch of a corporation, government \nagency, university, or the like charged with handling \nthe entity's legal affairs. \nlaw enforcement. (1895) 1. The detection and punish\nment ofviolations of the law. _ This term is not limited \nto the enforcement of criminal laws. For example, the \nFreedom of Information Act contains an exemption \nfrom disclosure for information compiled for law\nenforcement purposes and furnished in confidence. \nThat exemption is valid for the enforcement of a variety \nof noncriminal laws (such as national-security laws) \nas well as criminal laws. See 5 USCA  552(b)(7). 2. \nCRIMINAL TlJSTICE (2). 3. Police officers and other \nmembers of the executive branch of government charged with carrying out and enforcing the criminal \nlaw. \nLaw Enforcement Assistance Administration. A former \nfederal agency (part ofthe Department ofJustice) that \nwas responsible for administering law-enforcement \ngrants under the Omnibus Crime Control and Safe \nStreets Act of 1968. -It has been replaced by a variety \noffederal agencies, including the National Institute of \nCorrections and National Institute ofJustice. -Abbr. \nLEAA. \nLaw Enforcement Information Network. A computer\nized communications system that some states use to \ndocument driver's-license records, automobile regis\ntrations, wanted-persons' files, and the like. -Abbr. \nLEIN. \nlaw-enforcement officer. A person whose duty is to \nenforce the laws and preserve the peace. See PEACE \nOFFICER; SHERIFF. (Cases: Municipal Corporations \n(;::::c 180(1).1 \nlaw-enforcement system. See CRIMINAL-JUSTICE \nSYSTEM. \nlaw firm. (1852) An association oflawyers who practice \nlaw together, usu. sharing clients and profits, in a \nbusiness organized traditionally as a partnership but \noften today as either a professional corporation or a \nlimited-liability company . Many law firms have a \nhierarchical structure in which the partners (or share\nholders) supervise junior lawyers known as \"associ\nates,\" who are usu. employed on a track to partnership. \n[Cases: Attorney and Client (;:::::::030.] \ncaptive law firm. A law firm staffed by employees of \nan insurance company. _ These lawyers typically \ndefend insureds in lawsuits covered under the insur\ner's liability policies. The insurer's use ofa captive firm \nto defend an insured raises ethical questions about \nwhether the lawyers will act in the insured's best \ninterests. Often shortened to captive firm. [Cases: \nAttorney and Client C--::>32(4), 32(9).] \nLaw French. (17c) The corrupted form of the Norman \nFrench language that arose in England in the centuries \nafter William the Conqueror invaded England in 1066 \nand that was used for several centuries as the primary \nlanguage ofthe English legal system; the Anglo-French \nused in medieval England in judicial proceedings, \npleadings, and lawbooks. Also written law French. -\nAbbr. L.F. See NORMAN FRENCH. \nuTo the linguist, law French is a corrupt dialect by defi\nnition. Anglo-French was in steady decline after 1300. \nLawyers such as Fortescue, on the other hand, were \nprobably serious in maintaining that it was the vernacu\nlar of France which was deteriorating by comparison with \nthe pristine Norman of the English courts. That Fortescue \ncould make such a claim, while living in France, is in itself \na clear demonstration that by the middle of the fifteenth \ncentury there was a marked difference between the French \nof English lawyers and the French of France.\" J.H. Baker, A \nManual ofLaw F,.encn 11 (1979). \n\"Law French refers to the AngloNorman patois used in \nlegal documents and all judicial proceedings from the \n12605 to the reign of Edward III (1327-1377), and used with \nfrequency in legal literature up to the early 18th century. \n\n965 \nWhen first introduced into England, this brand of French \nwas the standard language used in Normandy; by the \nBOOs, through linguistic isolation, it became a corrupted \nlanguage by French standards, at any rate.\" Bryan A. \nGarner. A Dictionarv of Modern Legal Usage 504-05 (2d \ned. 1995). \n\"That Law French was barbarous in its decrepitude does \nnot in the least diminish the value of it to our law when it \nwas full of vitality. It helped to make English law one of \nthe four indigenous systems of the civilized world, for it \nexactly expressed legal ideas in a technical language which \nhad no precise equivalent.\" Percy H. Winfield, The Chief \nSources ofEnglish Legal History 14 (1925). \nlawful, adj. (13c) Not contrary to law; permitted by law \n<the police officer conducted a lawful search of the \npremises>. See LEGAL. \nlawful admission. (1899) Immigration. Legal entry into \nthe country, including under a valid immigrant visa. \n_ Lawful admission is one of the requirements for an \nimmigrant to receive a naturalization order and certifi\ncate. 8 USCA  1l0l(a)(20), 1427(a)(l), 1429. \nlawful age. (I6c) 1. See age ofcapacity under AGE. 2. See \nage ofmajority (1) under AGE. \nlawful arrest. See ARREST. \nlawful authorities. (16c) Those persons (such as the \npolice) with the right to exercise public power, to \nrequire obedience to their lawful commands, and to \ncommand or act in the public name. \nlawful cause. See good cause under CAUSE (2). \nlawful condition. See CONDITION (2). \nlawful damages. See DAMAGES. \nlawful deed. See good deed under DEED. \nlawful dependent. See DEPENDENT. \nlawful entry. See ENTRY (1). \nlawful fence. (17c) A strong, substantial, and well\nsuited barrier that is sufficient to prevent animals \nfrom escaping property and to protect the property \nfrom trespassers. -Also termed legal fence; good and \nlawful fence. Cf. SPITE FENCE. [Cases: Animals \nFences (;:::> 1, 19.] \nlawful goods. (l6c) Property that one may legally hold, \nsell, or export; property that is not contraband. \nlawful heir. See HEIR (1). \nlawful interest. See INTEREST (3). \nlawful issue. See ISSCE (3). \nlawful man. See LEGALIS HOMO. \nlawful money. See MONEY. \nlawful process. See legal process under PROCESS. \nlawful representative. See REPRESENTATIVE. \nJawgiver. (14c) 1. A legislator, esp. one who promulgates \nan entire code of laws. 2. A judge with the power to \ninterpret law. lawgiving, adj. & n. \n'john Chipman Gray in his The Nature and Sources of the \nLaw (1921) repeats a number of times a quotation from \nBishop Hoadley [1676-1761 l: 'Whoever hath an absolute \nauthority to interpret any written or spoken laws, it is he \nwho is truly the Lawgiverto"}
{"text": ": 'Whoever hath an absolute \nauthority to interpret any written or spoken laws, it is he \nwho is truly the Lawgiverto all intents and purposes, and Law Lord \nnot the person who first wrote or spoke them.''' Lon L. \nFuller, Anatomy of the Law 23-24 (1968). \nlaw guardian. See guardian ad litem under GUARDIAN. \nlaw-hand. Hist. An outmoded rococo method of hand\nwriting once used by scribes in preparing legal docu\nments. \nlaw in action. The law as applied in the day-to-day \nworkings of the legal system, as opposed to the law \nfound in books. -Sometimes written law-in-action. \nSee LEGAL REALISM. Cf. LAW IN BOOKS. \nlaw in books. The legal rules to be found in texts; esp., \nsterile, oft-repeated rules that seem to depart from the \nway in which the law actually operates in the day-to\nday workings of the legal system. -Sometimes written \nlaw-in-books. Cf. LAW IN ACTION. \nlaw in literature. See LAW AND LITERATURE (1). \nlaw journal. 1. A legal periodical or magazine, esp. one \npublished by a bar association. Abbr. 1.1. 2. LAW \nREVIEW (1). \nLaw Latin. (16c) A corrupted form of Latin formerly \nused in law and legal documents, including judicial \nwrits, royal charters, and private deeds. _ It primar\nily consists of a mixture of Latin, French, and English \nwords used in English sentence structures. -Abbr. \nL.L.; L. Lat. Also written law Latin. \n\"LAW LATIN. A technical kind of Latin, in which the pleadings \nand proceedings of the English courts were enrolled and \nrecorded from a very early period to the reign of George \nII .... The principal peculiarities of this language consist \nfirst, in its construction, which is adapted so closely to the \nEnglish idiom as to answer to it sometimes word for word; \nand, secondly, in the use of numerous words 'not allowed \nby grammarians nor having any countenance of Latin,' but \nframed from the English by merely adding a Latin termina \ntion, as murdrumfrom murder ....\" 2 Alexander M. Burrill, \nA Law Dictionary and Glossary 135 (2d ed. 1867). \n\"Law Latin, sometimes formerly called 'dog Latin,' is the \nbastardized or debased Latin formerly used in law and \nlegal documents. For the most part, we have escaped its \nclutches. In 1730, Parliament abolished Law Latin in legal \nproceedings, but two years later found it necessary to \nallow Latin phrases that had previously been in common \nuse, such as fieri facias, habeas corpus, ne exeat, and nisi \nprius. As Blackstone would later say, some Latinisms were \n'not ... capable of an English dress with any degree of serio \nousness.' 3 William Blackstone. Commentaries 323 (1768).\" \nBryan A. Garner, A Dictionarv ofModern Legal Usage 505 \n(2d ed. 1995). \nlaw list. (ISc) 1. A published compilation of the names \nand addresses of practicing lawyers and other infor\nmation of interest to the profession, such as legal \norganizations, court calendars, rosters of specialists, \ncourt reporters, and the like. 2. A legal directory that \nprovides biographical information about lawyers, such \nas Martindale-Hubbell. -Many states and large cities \nhave law lists or directories. See MARTINDALE-HUBBELL \nLAW DIRECTORY. \nLaw Lord. (I8c) A member of the appellate committee \nofthe House of Lords, consisting ofthe Lord Chancel\nlor, the salaried Lords ofAppeal in Ordinary, and any \npeer who holds or has held high judicial office. Also \nwritten law lord. \n\n966 lawmaker \nlawmaker. See LEGISLATOR. \nlawmaking. See LEGISLATION (1). \nlaw martial. See MARTIAL LAW. \nlaw merchant. A system ofcustomary law that developed \nin Europe during the Middle Ages and regulated the \ndealings ofmariners and merchants in all the com\nmercial countries ofthe world until the 17th century . \nMany ofthe law merchant's principles came to be incor\nporated into the common law, which in turn formed the \nbasis ofthe Uniform Commercial Code. Also termed \ncommercial law; lex mercatoria. \nlawnote. See NOTE (2). \nlaw ofa general nature. See general law under LAW. \nlaw ofarms. See ARMS, LAW OF. \nlaw ofcapture. See RULE OF CAPTURE. \nlaw ofCitations. See CITATIONS, LAW OF. \nlaw ofcompetence. A law establishing and defining the \npowers ofa government official, including the circum\nstances under which the official's pronouncements con\nstitute laws. -Also termed power-delegating law. See \njural act under ACT; JURAL AGENT. [Cases: Officers and \nPublic Employees (;::::; 103.J \nlaw ofdeceit. Hist. The body of 19th-century common\nlaw torts that developed into the modern laws oftrade\nmark, securities fraud, deceptive trade practices, and \nunfair competition. \nlaw ofevidence. See EVIDENCE (4). \nlaw officer. 1. A police officer, sheriff, or other person \nwith law-enforcement authority. 2. In most common\nlaw jurisdictions, a senior administrator ofjustice, such \nas an attorney general, solicitor general, or other high\nlevel minister or officer ofjustice. \nlaw of Langobardi. See LOMBARD LAW. \nlaw of Lombardy. See LOMBARD LAW. \nlaw ofmarque (mahrk). A rule of reprisal allOWing one \nwho has been wronged but cannot obtain justice to take \nthe goods ofthe wrongdoer found within the wronged \nperson's precinct, in satisfaction ofthe wrong. \nlaw of nations. See INTERNATIONAL LAW. \nlaw of nature. See NATURAL LAW. \nlaw of nature and nations. See INTERNATIONAL LAW. \nlaw of obligations. The category of law dealing with \nproprietary rights in personam -namely, the rela\ntions between obligor and obligee . It is one of the \nthree departments into which civil law was tradition\nally divided. See IN PERSONAM. Cf. LAW OF PROPERTY; \nLAW OF STATUS. \nlaw of persons. (17c) The law relating to persons; the \nlaw that pertains to the different statuses ofpersons . \nThis is also commonly known as the jus personarum, \na shortened form ofjus quod ad personas pertinet nhe \nlaw that pertains to persons\"). See JUS PERSONARt:M. \nlaw ofproperty. The category oflaw dealing with propri\netary rights in rem, such as personal servitudes, predial servitudes, and rights of real security . It is one ofthe \nthree departments into which civil law was tradition\nally divided: persons, property, and modes of acquir\ning property (obligations). In modern civil codes that \nfollow the model ofthe German Civil Code, civil law is \ndivided into five books: general principles, obligations, \nfamily law, property, and succession. See IN REM. Cf. \nLAW OF OBLIGATIONS; LAW OF STATUS. \nlaw of remedy. See REMEDY. \nlaw of shipping. The part of maritime law relating to \nthe building, equipping, registering, owning, inspect\ning, transporting, and employing of ships, along with \nthe laws applicable to shipmasters, agents, crews, and \ncargoes; the maritime law relating to ships. -Also \ntermed shipping law. See MARITIME LAW; JONES ACT. \nlaw ofstatus. The category oflaw dealing with personal \nor nonproprietary rights, whether in rem or in \npersonam . It is one ofthe three departments into \nwhich civil law is divided. Cf. LAW OF OBLIGATIONS; \nLAW OF PROPERTY. \nlaw ofthe apex. Mining law. The principle that title to a \ngiven tract ofmineral land, with defined mining rights, \ngoes to the person who locates the surface covering the \noutcrop or apex. \nlaw of the case. (18c) 1. The doctrine holding that a \ndecision rendered in a former appeal ofa case is binding \nin a later appeal. lCases: Appeal and Error (;::::; 1097; \nCourts (;::::;99, 917.J 2. An earlier decision giving rise to \nthe application ofthis doctrine. Cf. LAW OF THE TRIAL; \nRES JUDICATA; STARE DECISIS. \nlaw of the circuit. (1861) 1. The law as announced and \nfollowed by a U.S. Circuit Court of Appeals. [Cases: \nCourts (;::::;96(4).] 2. The rule that one panel of judges \non a U.S. Circuit Court ofAppeals should not overrule \na decision ofanother panel ofjudges on the same court. \n[Cases: Courts (;::::.'90(2).] 3, The rule that an opinion \nof one U.S. Circuit Court of Appeals is not binding \non another circuit but may be considered persuasive. \n[Cases: Courts C=96(5).] \nlaw ofthe flag. Maritime law. The law ofthe nation whose \nflag is flown by a particular vessel where it is registered . \n That nation's laws govern the ship's internal affairs. \nSee McCulloch v. Sociedad de Marineros de Honduras, \n372 U.S. 10 (1963). [Cases: Shipping (;.-::>2.] \nlaw of the forum. See LEX FORI. \nLaw of The Hague. The first widely accepted body of \ninternational law ofwar, as approved by conventions in \nThe in 1899 and 1907. The Law of The Hague \nset up procedures for mediation and arbitration of \ndisputes to avoid war, and attempted to regulate the \ntype and use ofweapons in warfare. See LIEBER CODE. \nlaw ofthe land. (15c) 1. The law in effect in a country and \napplicable to its members, whether the law is statutory, \nadministrative, or case-made. 2. Due process oflaw. See \nDUE PROCESS. Also termed lex terrae; ley de terre. \n[Cases: Constitutional Law (;::::;3840-484L] \n\n967 lawsuit \nlaw ofthe partnership. The rule that the parties' agree\nment controls the features ofa partnership. \nlaw of the place. (1947) Under the Federal Tort Claims \nAct, the state law applicable to the place where the \ninjury occurred. Under the Act, the federal gov\nernment waives its sovereign immunity for specified \ninjuries, including certain wrongful acts or omis\nsions of a government employee causing injury that \nthe United States, if it were a private person, would be \nliable for under the law of the state where the incident \noccurred. 28 FSCA  1346(b). [Cases: United States \n(;:::>78(14).] \nlaw of the road. The collective statutes, rules, and \ncustoms that regulate travel on public highways and \nstreets. \nlaw ofthe sea. The body of international law governing \nhow nations use and control the sea and its resources. \nCf. GENERAL MARITIME LAW; MARITIME LAW. [Cases: \nInternational Law (;:::> 7.] \nlaw ofthe staple. Hist. The law administered in the court \nof the mayor of the staple; the law merchant. See STAPLE \n(1), (2). \nlaw ofthe trial. A legal theory or court ruling that is not \nobjected to and is used or relied on in a trial <neither \nparty objected to the court's jury instruction, so it \nbecame the law of the trial>. Cf. LAW OF THE CASE. \n[Cases: Criminal Law Trial (;:::>284.) \nlaw of things. '{he law pertaining to things; the law that \nis determined by changes in the nature of things . This \nis also commonly known as the jus rerum, a shortened \nform ofjus quod ad res perrinet (\"the law that pertains \nto things\"). See JUS RERUM. \nlaw practice. (17c) An attorney's professional business, \nincluding the relationships that the attorney has with \nclients and the goodwill associated with those rela\ntionships. Cf. PRACTICE OF LAW. [Cases: Attorney and \nClient (;:::>30.] \nlaw question. See QUESTION OF LAW. \nlaw reform. (1846) The process of, or a movement \ndedicated to, streamlining, modernizing, or other\nwise improving a body of law generally or the code \ngoverning a particular branch of the law; speci., the \ninvestigation and discussion ofthe law on a topic (e.g., \nbankruptcy), usu. by a commission or expert commit\ntee, with the goal offormulating proposals for change \nto improve the operation of the law. Also termed \nscience oflegislation; censorial jurisprudence. \nlaw report. See REPORT (3). \nlaw reporter. See REPORT (3). \nlaw review. (1845) 1. A journal containing scholarly \narticles, essays, and other commentary on legal topics \nby professors, judges, law students, and practitioners. \n Law reviews are usu. published at law schools and \nedited by law students <law reviews are often grossly \noverburdened with substantive footnotes>. 2. The law\nstudent staff and editorial board ofsuch a journal <she made law review>. Abbr. 1. Rev. Also termed law \njournal. See LAW JOURNAL. \nlaw Salique (sa-leek), See SALIC LAW. \nlaw school. (17c) An institution for formal legal edu\ncation and training. Graduates who complete the \nstandard program, usu. three years in length, receive a \nJuris Doctor (or, formerly, a Bachelor of Laws). \naccredited law school. (1905) A law school approved \nby the state and the Association of American Law \nSchools, or by the state and the American Bar Associ\nation. In all states except California, only graduates \nof an accredited law school may take the bar examina\ntion. [Cases: Colleges and Universities (;:::> 1.) \nLaw School Admissions Test. A standardized examina\ntion purporting to measure the likelihood of success \nin law school.  Most American law schools use the \nresults ofthis examination in admissions decisions. \nAbbr. LSAT. \nLaw Society. A professional organization in England, \nchartered in 1845, governing the education, practice, \nand conduct of articled clerks and solicitors . A clerk \nor solicitor"}
{"text": "45, governing the education, practice, \nand conduct of articled clerks and solicitors . A clerk \nor solicitor must be enrolled with the Law Society to be \nadmitted to the legal profession. \nLaw Society of Scotland. A professional organization \nestablished by statute in 1949, governing the admission, \nconduct, and practice of solicitors enrolled to practice \nin Scotland. \nLaws of Amalfi (ah-mahl-fee). See AMALPHITAN CODE. \nlaws of Oleron (oh-la-ron or aw-Iay-ron). The oldest col\nlection ofmaritime laws, thought to be a code existing \nat Oleron (an island off the coast of France) during \nthe 12th century . It was introduced into England, \nwith certain additions, in the reign ofRichard 1(1189\n1199). \nlaws ofthe several states. State statutes and state-court \ndecisions on questions ofgeneral law. \nlaws of Visby (vis-bee). A code of maritime customs \nand decisions adopted on the island of Gothland (in \nthe Baltic Sea), where Visby was the principal port. \n Most scholars believe that this code postdates the \nlaws of Oleron. The code was influential throughout \nnorthern Europe. In recognition of the ancient code, \nthe Visby Protocol to amend the Hague Rules was \nSigned in Visby. The Hague-Visby Rules govern most of \nthe world's liner trade. Also spelled laws ofWisby. \nAlso termed Gothland sea laws. \nlaws ofwar. Int'llaw. The rules and principles agreed on \nby most nations for regulating matters inherent in or \nincident to the conduct of a public war, such as the rela\ntions of neutrals and belligerents, blockades, captures, \nprizes, truces and armistices, capitulations, prisoners, \nand declarations of war and peace. Cf. GENEVA CON\nVENTIONS OF 1949. \nlaws ofWisby. See LAWS OF VISBY. \nlaw spiritual. See ECCLESIASTICAL LAW. \nlawsuit, n. See SUIT. \n\nlawsuit, vb. Archaic. To proceed against (an adversary) \nin a lawsuit; to sue. \nlaw-talk, n. 1. LEGALESE. 2. Discussion that is heavilv \nlaced with lawyers' concerns and legal references. ' \nlaw-worthy, adj. Hist. Entitled to or deserving the benefit \nand protection of the law. Also termed law-worth. \nSee L1BERAM LEGEM AMITTERE; LEGALIS HOMO; LIBERA \nLEX. \nlaw writer. (1852) A person who writes on legal subjects, \nusu. from a technical, non popular point ofview. \nlawyer, n. (14c) One who is licensed to practice law. \nCf. ATTORNEY. [Cases: Attorney and Client G=9.] \nlawyerly, lawyerlike, adj. lawyerdom, n. \ncertified military lawyer. A person qualified to act as \ncounsel in a general court-martial. _ To be qualified, \nthe person must be (1) a judge advocate of the Army, \nNavy, Air Force, or Marine Corps, or a law specialist \nofthe Coast Guard, (2) a graduate of an accredited \nlaw school, or a member ofa federal-court bar or the \nbar ofthe highest court of a state, and (3) certified \nas competent to perform such duties by the Judge \nAdvocate General of the armed force that the person \nis a member of. [Cases: Military Justice (;::> 1240.] \ncriminal lawyer. (18c) A lawyer whose primary work is \nto represent criminal defendants. -This term is rarely \nif ever applied to prosecutors despite their integral \ninvolvement in the criminal-justice system. \nguardhouse lawyer. See JAILHOUSE LAWYER. \nheadnote lawyer. Slang. A lawyer who relies on the \nheadnotes ofjudicial opinions rather than taking the \ntime to read the opinions themselves. \njailhouse lawyer. See JAILHOUSE LAWYER. \npublic-interest lawyer. An attorney whose practice is \ndevoted to advocacy on behalf ofa public institution \nor nongovernmental organization, or to adviSing and \nrepresenting indigent clients and others who have \nlimited access to legal aid. -Public-interest lawyers \noften practice in fields such as civil rights and immi\ngration law. \ntransactional lawyer. (1990) A lawyer who works pri\nmarily on transactions such as licenSing agreements, \nmergers, acquisitions, joint ventures, and the like. \nlawyer, vb. (l8c) 1. To practice as a lawyer <associates \noften spend their days and nights lawyering, with little \ntime for recreation>. 2. To supply with lawyers <the \nlarge law-school class will certainly help lawyer the \nstate>. -lawyering, n. \nlawyer-client privilege. See attorney-client privilege \nunder PRIVILEGE (3). \nlawyer-referral and information service. See LAWYER\nREFERRAL SERVICE. \nlawyer-referral service. A program, usu. offered by a bar \nassociation, that helps nonindigent clients clarify their \nlegal problems and provides either contact informa\ntion for lawyers who practice in the appropriate field or \ninformation about government agencies or consumer organizations that may be able to provide services. \nAlso termed lawyer referral and information service. \nlawyer-witness rule. (1982) The principle that an attorney \nwho will likely be called as a fact witness at trial may \nnot participate as an advocate in the case, unless the \ntestimony will be about an uncontested matter or the \namount of attorney's fees in the case, or if disqualify\ning the attorney would create a substantial hardship for \nthe client. -The rule permits an attorney actively par\nticipating in the case to be a witness on merely formal \nmatters but discourages testimony on other matters on \nbehalfofa client. Model Rules ofProfessional Conduct \nRule 3.7 (1983). Also termed advocate-witness rule; \nattorney-witness rule. [Cases: Attorney and Client \n22; Witnesses (;:::::,67.] \nlay, adj. (14c) 1. Not ecclesiastical; not ofthe clergy. 2. \nNot expert, esp. with reference to law or medicine; non\nprofessionaL \nlay, n. Maritime law. A share ofthe profits ofa fishing or \nwhaling trip, akin to wages, allotted to the officers and \nseamen. (Cases: Seamen C-'='28.J \nlay, vb. (14c) To allege or assert. \n'The Laying of Damages.-\" At common law the declaration \nmust 'lay damages.'\" Edwin E. Bryant, The Law of Pleading \nUnder the Codes of Civil Procedure 209 (2d ed. 1899). \nlayaway. An agreement between a retail seller and a \nconsumer to hold goods for future sale. -The seller sets \nthe goods aside and agrees to sell them to the consumer \nat an agreed price in the future. The consumer deposits \nwith the seller some portion of the price ofthe goods, \nand may agree to other conditions with the seller, such \nas progress payments. The consumer receives the goods \nonce the full purchase price has been paid. \nlay corporation. See CORPORATION. \nlay damages, vb. To allege damages, esp. in the com\nplaint. See AD DAMNUM CLAUSE. \nlayday, Maritime law. A day allowed by a voyage char\nterparty for the charterer to load or unload cargo. -If \nmore time is used, the vessel's owner is entitled to com\npensation for the delay, usu. in the form ofdemurrage. \nIfless time is used, the owner may pay dispatch. Also \nwritten lay day. See DEMURRAGE; DISPATCH; LAYTIME. \nCf. day ofdemurrage under DAY. [Cases: Shipping \n45, 47.J \nlay fee. See FEE (2). \nlay impropriator (im-proh-pree-ay-t;lr). Eccles. law. A \nlayperson holding a benefice or other spiritual impro\npriation. \nlaying a foundation. Evidence. Introducing evidence of \ncertain facts needed to render later evidence relevant, \nmaterial, or competent. _ For example, propounding a \nhypothetical question to an expert is necessary before \nthe expert may render an opinion. (Cases: Criminal \nLaw G=404.1O, 444, 485; Evidence ~-;,117,366-381.] \nlaying ofthe venue. (lSc) A statement in a complaint \nnaming the district or county in which the plaintiff \n\n969 \nproposes that any trial ofthe matter should occur. See \nVENU E. [Cases; Pleading (;::;45.] \nlay investiture. Eccles. law. The ceremony by which a \nlayperson places a bishop in possession oflands, money \nrevenues, and other diocesan temporalities. \nlay judge. See JUDGE. \nlayman. (lSe) 1. A person who is not a member of the \nclergy. [Cases: Religious Societies 2. A person \nwho is not a member of a profession or an expert on a \nparticular subject. -Also termed layperson. [Cases; \nCriminal Law (;::;449.1.] \nlayoff. (1868) The termination of employment at the \nemployer's instigation; esp., the termination -either \ntemporary or permanent -ofmany employees in a \nshort time. -Also termed reduction in force. -lay \noff, vb. \nmass layoff. Labor law. Under the Worker Adjustment \nand Retraining Notification Act, a reduction in force \nthat results in the loss of work at a single site, of 30 \ndays or more, for at least 500 full-time employees, \nor 50 or more full-time employees if they make up \nat least 33%of the employees at that site. 29 USCA \n 2101(a)(3). See WORKER ADJUSTMENT AND RETRAIN\nING NOTIFICATION ACT. [Cases: Labor and Employ\nment C-='3220.J \nlayoff bet. See BET. \nlayoff bettor. A bookmaker who accepts layoffbets from \nother bookmakers. See layoff bet under BET. [Cases; \nGaming (;::;62, 73.] \nlay on the table. Parliamentary law. 1. To postpone \nthe consideration of (a matter before a deliberative \nassembly); TABLE. -Some parliamentary writers prefer \nthe form \"to lay on the table\" and disapprove of the \nform \"to table.\" 2. British English. To schedule for con\nsideration. \nlay opinion testimony. See TESTIMONY. \nlayperson. 1. See LAYMAN. 2. Hist. See JUROR. \nlay system. Maritime law. A system in which a fishing \nvessel's catch is sold by contract or at auction, and \nafter costs are paid and the shipowner is compensated, \nthe net profits are divided among the crew members \naccording to agreed-on percentages. \nlay tenure. See TENURE. \nlay time. Maritime law. Time allowed by a voyage char\nterparty for the charterer to load or unload cargo. -If \nmore time is used, the vessel's owner is entitled to com\npensation for the delay, usu. in the form ofdemurrage. \nIfless time is used, the owner may pay dispatch. -See \nDEMURRAGE; DISPATCH; LAYDAY. [Cases: Shipping \n47, 181.] \nlay witness. See WITNESS. \nLBO. See leveraged buyout under BUYOUT. \nLC. abbr. 1. LETTER OF CREDIT. 2. LETTER OF \nCREDENCE. -Also written LIe. leading question \nL-Claim proceeding. (1997) A hearing under the Rack\neteer Influenced and Corrupt Organizations Act, \nintended to ensure that property ordered to be for\nfeited belongs solely to the defendant. _ A petition for \nan L-Claim proceeding is filed by a third party who \nclaims an interest in the property. The purpose is not \nto divide the assets among competing claimants, and \ngeneral creditors of the defendant are not be allowed \nto maintain an L-Claim petition. The name refers to its \nlegal basis in subsection Iof RICO's penalty provision. \n18 USCA  1963(1)(2). [Cases; Forfeitures (;::;5.] \nLEAA. abbr. LAW ENFORCEMENT ASSISTANCE ADMIN\nISTRATION. \nleaching (leech-ing). (18c) The process by which moving \nfluid separates the soluble components of a material. \n Under CERCLA, leaching is considered a release of \ncontaminants. The term is sometimes used to describe \nthe migration of contaminating materials, by rain or \ngroundwater, from a fixed source, such as a landfill. 42 \nUSCA  9601(22). \nlead counsel. See COUNSEL. \nleader. See LOSS LEADER. \nleading case. (17c) 1. A judicial decision that first defini\ntively settled an important legal rule or principle and \nthat has since been often and consistentlv followed. \nAn example is Miranda v. Arizona, 384U.S. 436, 86 \nS.Ct. 1602 (1966) (creating the exclUSionary rule for \nevidence improperly obtained from a suspect being \ninterrogated while in police custody). Cf. LANDMARK \nDECISION. 2. An important, often the most important, \njudicial precedent on a particular legal issue. 3. Loosely, \na reported case that is cited as the dispositive authority \non an issue being litigated. -Also termed (in sense 3) \nruling case. \nleading counsel. See lead counsel under COUNSEL. \nleading economic indicator. See ECONOMIC INDICA\nTOR. \nleading indicator. See INDICATOR. \nleading-object rule. See MAIN-PURPOSE RULE. \nleading ofa use. Hist. In a deed, the specification, before \nthe levy ofa fine ofland, ofthe person to whose use the \nfine will inure. -If the deed is executed after the fine, \nit \"declares\" the use. \n\"As if A., tenant in tail, with reversion to himself in fee, \nwould settle his estate on B. for life, remainder to C. in \ntail, remainder to D. in fee .... He therefore usually, after \nmaking the settlement proposed, covenants to levy a \nfine ... and directs that the same shall enure to the uses \nin such settlement mentioned. This is now a deed to lead \nthe uses of the fine or recovery, and the fine when levied, \nor recovery when suffered, shall enure to the uses so spe"}
{"text": "\nthe uses of the fine or recovery, and the fine when levied, \nor recovery when suffered, shall enure to the uses so speci\nfied, and no other.\" 2 William Blackstone, Commentaries \non the Laws of England 363 (1766). \nleading question. (1824) A question that suggests the \nanswer to the person being interrogated; esp., a question \nthat may be answered by a mere \"yes\" or \"no.\" -Leading \nquestions are generally allowed only in cross-examina\ntion. Also termed categorical question; suggestive \n\n970 lead-lag study \nquestion; suggestive interrogation. [Cases: Witnesses \n<::=239.] \nlead-lag study. A survey used to determine the amount \nofworking capital that a utility company must reserve \nand include in its rate base, by comparing the time the \ncompany has to pay its bills and the time taken by its \ncustomers to pay for service. -The term comes from \nthe phrases \"lead time\" and \"lag time.\" Lead time is \nthe average number of days between the company's \nreceipt and payment of invoices it receives. Lag time \nis the average number of days between the company's \nbilling of its customers and its receipt ofpayment. By \nanalyzing the difference in timing between inward cash \nflow and outward cash flow, the company can calculate \nthe amount of necessary reserves. [Cases: Electricity \nC'-:::' 1l.3(2), 11.3(4).J \nleads doctrine. Tax. In a tax-evasion case, the rule that \nthe government must investigate all the taxpayer's leads \nthat are reasonably accessible and that, if true, would \nestablish the taxpayer's innocence, or the government \nrisks having the trial judge presume that any leads not \ninvestigated are true and exonerating. [Cases: Internal \nRevenue \nleague. (I5c) 1. A covenant made by nations, groups, \nor individuals for promoting common interests or \nensuring mutual protection. 2. An alliance or asso\nciation of nations, groups, or individuals formed by \nsuch a covenant. 3. A unit of distance, usu. measuring \nabout three miles (chiefly, nautical). [Cases: Weights \nand Measures \nmarine league. A geographical measure of distance \nequal to one-twentieth part of a degree oflatitude, or \nthree nautical miles. [Cases: Weights and Measures \n<::=3.] \nLeague ofNations. An organization of nations formed in \n1919 to promote international cooperation and peace. _ \nPresident Woodrow Wilson endorsed the League in an \naddress to Congress, but the United States never joined. \nThe League dissolved in 1946 and turned its assets over \nto the United Nations. \nleakage. (ISc) 1. The waste of a liquid caused by its \nleaking from a storage container. 2. An allowance \nagainst duties granted by customs to an importer of \nliquids for losses sustained by this waste. 3. Intellec\ntual property. Loss in value of a piece of intellectual \nproperty because ofunauthorized copying. -The types \nof intellectual property most susceptible to leakage \nare recordable media such as compact discs and vid\neotapes. [Cases: Copyrights and Intellectual Property \n<:;=>87(1).] \nleal (lee!), adj. [Law French] Hist. Loyal. \nlean, vb. (bef. 12c) 1. To incline or tend in opinion or pref\nerence. - A court is sometimes said to \"lean toward\" or \n\"lean against\" an advocate's position, meaning that the \ncourt regards that position favorably or unfavorably. 2. \nTo yield; to submit. \nleapfrog development. (1976) An improvement ofland \nthat requires the extension ofpublic facilities from their current stopping point, through undeveloped land that \nmay be scheduled for future development, to the site of \nthe improvement. \nleap year. See YEAR. \nlearned (l<>r-nid), adj. (l4c) 1. Having a great deal of \nlearning; erudite. - A lawyer might refer to an adver\nsary as a \"learned colleague\" or \"learned opponent\" \na comment that, depending on the situation and tone \nofvoice, may be either a genuine compliment or a sar\ncastic slight. 2. Well-versed in the law and its history. \n-Statutes sometimes require that judges be \"learned \nin the law,\" a phrase commonly construed as meaning \nthat they must have earned a law degree and been \nadmitted to the bar. \nlearned intermediary. See informed intermediary under \nINTERMEDIARY. \nlearned-intermediary doctrine. The principle that a pre\nscription-drug manufacturer fulfills its duty to warn \nof a drug's potentially harmful effects by informing \nthe prescribing phYSician, rather than the end-user, of \nthose effects. [Cases: Products Liability<::= 136.] \nlearned-treatise rule. (1946) Evidence. An exception \nto the hearsay rule, by which a published text may \nbe established as authoritative, either by expert testi\nmony or by judicial notice. -Under the Federal Rules \nof Evidence, a statement in a published treatise, peri\nodical, or pamphlet on sciences or arts (such as history \nor medicine) can be established as authoritative and \nthereby admitted into evidence for the purpose of \nexamining or cross-examining an expert witness \nby expert testimony or by the court's taking judicial \nnotice of the authoritative nature or reliability of the \ntext. If the statement is admitted into evidence, it may \nbe read into the trial record, but it may not be received \nas an exhibit. Fed. R. Evid. 803(18). [Cases: Criminal \nLaw Evidence <::=363.] \nlearning, n. 1. Hist. Legal doctrine. 2. The act ofacquir\ning knowledge. \nlease, n. (l4c) 1. A contract by which a rightful possessor \nof real property conveys the right to use and occupy \nthe property in exchange for consideration, usu. rent. \n-The lease term can be for life, for a fixed period, or \nfor a period terminable at will. [Cases: Landlord and \nTenant (;:::>20.] 2. Such a conveyance plus all covenants \nattached to it. 3. The written instrument memorial\nizing such a conveyance and its covenants. Also \ntermed lease agreement; lease contract. 4. The piece of \nreal property so conveyed. 5. A contract by which the \nrightful possessor of personal property conveys the \nright to use that property in exchange for consider\nation. [Cases: Bailment <.r'=> 1.] \nassignable lease. (1915) A lease that the lessee can \ntransfer to a successor. See SUBLEASE. [Cases: \nLandlord and Tenant (::::-74.J \nbuilding lease. A long-term lease ofland that includes a \ncovenant to erect or alter a building or other improve\nment. Cf. ground lease. [Cases: Estates in Property \n13.] \n\n971 \ncapital lease. See LEASE-PURCHASE AGREEMENT. \ncommercial lease. (1909) A lease for business purposes. \n[Cases: Landlord and Tenant C=20.] \ncommunity lease. (1919) A lease in which a number of \nlessors owning interests in separate tracts execute a \nlease in favor ofa single lessee. \nconcurrent lease. (1946) A lease that begins before a \nprevious lease ends, entitling the new lessee to be paid \nall rents that accrue on the previous lease after the \nnew lease begins, and to remedies against the holding \ntenant. \n\"A landlord who has granted a lease may nevertheless \ngrant another lease of the same land for all or some of \nthe period of the first lease. The second lease does not \ndeprive the lessee under the first lease of the right to pos\nsession of the property, but is, in reality, a lease of the \nreversion. Because the two leases operate concurrently \nduring at least some part of their respective durations, \nthey are known as 'concurrent leases.'\" Peter Butt, Land \nLaw 233 (2d ed. 1988). \nconsumer lease. (1972) 1. A lease ofgoods by a person \nwho is in the business of selling or leasing a product \nprimarily for the lessee's personal or household use. \nUCC  2A-103(l)(e). [Cases: Bailment (::::02.] 2. A resi\ndential rather than commercial -lease. \nderivative lease. See SUBLEASE. \ndurable lease. (1816) A lease that reserves a rent payable \nannually, usu. with a right of reentry for nonpay\nment. \nedge lease. Oil & gas. A lease located on the edge of \na field. \nfinance lease. (1966) A fixed-term lease used by a \nbusiness to finance capital equipment.  The lessor's \nservice is usu. limited to financing the asset, and \nthe lessee pays maintenance costs and taxes and has \nthe option of purchasing the asset at lease-end for \na nominal price. Finance leases strongly resemble \nsecurity agreements and are written almost exclu\nsively by financial institutions as a way to help a com\nmercial customer obtain an expensive capital item that \nthe customer might not otherwise be able to afford. \nUCC  2A-103(1)(g). Also termed full payout lease; \ntripartite lease. [Cases: Bailment C:::;)2.j \n\"By carving out the 'finance lease' for special treatment, \nthe drafters of Article 2A have recognized a distinct species \nof lease that is written almost exclusively by financial insti\ntutions and although treated as a true lease does not \nnormally carry with it certain of the responsibilities that \nthe typical lessor bears under Article 2A.\" 2JamesJ. White \n& Robert S. Summers, Uniform Commercial Code  B-3, \nat 4 (4th ed. 1995). \n'A finance lease is the product of a three-party transac\ntion. The supplier manufactures or supplies the goods \npursuant to the lessee's specification, perhaps even \npursuant to a purchase order, sales agreement, or lease \nagreement between the supplier and the lessee. After the \nprospective finance lease is negotiated, a purchase order, \nsales agreement, or lease agreement is entered into by \nthe lessor (as buyer or prime lessee) or an existing order, \nagreement, or lease is assigned by the lessee to the lessor, \nand the lessor and the lessee then enter into a lease or \nsublease of the goods. Due to the limited function usually \nperformed by the lessor, the lessee looks almost entirely lease \nto the supplier for representations, covenants, and war\nranties. If a manufacturer's warranty carries through, the \nlessee may also look to that. Yet, this definition does not \nrestrict the lessor's function solely to the supply of funds; if \nthe lessor undertakes or performs other functions, express \nwarranties, covenants, and the common law will protect \nthe lessee.\" UCC  2A-102 cmt. at 14-15 (Proposed Final \nDraft, 30 Apr, 1999). \nfull-service lease. (1967) A lease in which the lessor \nagrees to pay all maintenance expenses, insurance \npremiums, and property taxes. [Cases: Landlord and \nTenant 148(1), 156.] \ngraduated lease. (1930) A lease in which rent varies \ndepending on future contingencies, such as operating \nexpenses or gross income. \ngross lease. (1939) A lease in which the lessee pays a flat \namount for rent, out of which the lessor pays all the \nexpenses (such as fuel, water, and electricity). \nground lease. (1840) A long-term (usu. 99-year) lease \nofland only. Such a lease typically involves com\nmercial property, and any improvements built by the \nlessee usu. revert to the lessor. -Also termed ground\nrent lease; land lease. [Cases: Estates in Property (::::0 \n13.] \nheadlease. See HEADLEASE. \nindex lease. A lease that provides for increases in rent \naccording to the increases in the consumer price \nindex. [Cases: Landlord and Tenant ~\":)200.7.1 \nland lease. See ground lease. \nleveraged lease. (1972) A lease that is collateral for the \nloan through which the lessor acquired the leased \nasset, and that provides the lender's only recourse for \nnonpayment of the debt; a lease in which a creditor \nprovides nonrecourse financing to the lessor (who has \nsubstantial leverage in the property) and in which the \nlessor's net investment in the lease, apart from nonre\ncourse financing, declines during the early years and \nincreases in later years. -Also termed third-party \nequity lease; tax lease. \nmaster lease. (1935) A contract that establishes a lease\nhold's basic terms and conditions applicable to all \nrelated contracts for rental properties. \nmineral lease. A lease in which the lessee has the right \nto explore for and extract oil, gas, or other minerals. \n The rent usu. is based on the amount or value of \nthe minerals extracted. [Cases: Mines and Minerals \nC=~56-81.] \nmining lease. A lease of a mine or mining claim, in \nwhich the lessee has the right to work the mine or \nclaim, usu. with conditions on the amount and type \nofwork to be done. -The lessor is compensated with \neither fixed rent or royalties based on the amount of \nore mined. [Cases: Mines and Minerals \nmonth-to-month lease. (1914) A tenancy with no \nwritten contract.  Rentis paid monthly, and usu. one \nmonth's notice by the landlord or tenant is required \nto terminate the tenancy. See periodic tenancy under \nTENANCY. [Cases: Landlord and Tenant G-::::; 113.] \n\nnet lease. A lease in which the lessee pays rent plus \nproperty expenses (such as taxes and insurance). \nnet-net-net lease. A lease in which the lessee pays all \nthe expenses, including mortgage interest and amor\ntization, leaving the lessor with an amount free ofall \nclaims. -Also termed triple net lease. \noil-and-gas lease. (1892) A lease granting the right to \nextract oil and gas from a specified piece of land. \nAl"}
{"text": "ase. (1892) A lease granting the right to \nextract oil and gas from a specified piece of land. \nAlthough called a \"lease,\" this interest is typically \nconsidered a determinable fee in the minerals rather \nthan a grant ofpossession for a term ofyears. [Cases: \nMines and Minerals \noperating lease. A lease of property (esp. equipment) \nfor a term that is shorter than the property's useful \nlife. Under an operating lease, the lessor is typi\ncally responsible for paying taxes and other expenses \non the property. Cf. capital lease; LEASE-PURCHASE \nAGREEMENT. \n\"or\" lease. Oil & gas. A mineral lease with a drill\ning-delay rental clause structured so that the lessee \npromises to start drilling operations or to pay delay \nrentals from time to time during the primary term. \nIfthe lessee fails to do one or the other, the lease does \nnot automatically terminate, but the lessee is liable for \nthe delay-rental amount. \nparol lease (pd-rohl or par-d\\). A lease based on an oral \nagreement; an unwritten lease. [Cases: Landlord and \nTenant C)23.] \npercentage lease. A lease in which the rent is based on \na percentage of gross (or net) sales or profits, typi\ncally with a set minimum rent. Landlord and \nTenant (;=:;c200.I.] \nperpetual lease. 1. An ongoing lease not limited in \nduration. 2. A grant oflands in fee with a reserva\ntion ofa rent in fee; a fee farm. [Cases: Landlord and \nTenant C=~ 87.] \nperpetually renewable lease. Hist. A lease that a tenant \nmay renew for another period as often as it expires, \nusu. by making a payment upon exercising the right.  \nIn 1922, this type oflease was effectively abolished in \nEngland by the Law of Property Act, which provided \nfor the conversion ofexisting and future perpetually \nrenewable leases to term-of-years leases, and set the \nmaximum term at 2000 years. \nproprietary lease. A lease between a cooperative apart\nment association and a tenant. \nreversionary lease. A lease that will take effect when a \nprior lease terminates. \nsandwich lease. (1976) A lease in which the lessee sub\nleases the property to a third party, esp. for more rent \nthan under the original lease. \nshort lease. (l7c) A lease of brief duration, often less \nthan six months. \nsublease. See SUBLEASE. \nsynthetic lease. A method for financing the purchase \nof real estate, whereby the lender creates a special-purpose entity that buys the property and then leases \nit to the ultimate user (usu. a corporation) . A syn\nthetic lease is treated as a loan for tax purposes and \nas an operating lease for accounting purposes, so that \nthe \"lessee\" can deduct the property's depreciation \nand the loan's interest yet keep both the asset and the \ndebt off its balance sheet. \ntax lease. 1. The instrument or estate en to the pur\nchaser of land at a tax sale when e law does not \npermit the sale ofan estate in fee for nonpayment of \ntaxes but instead directs the sale ofan estate for years. \n2. See leveraged lease. \nthird-party equity lease. See leveraged lease. \ntimber lease. (1853) A real-property lease that contem\nplates that the lessee will cut timber on the leased \npremises. [Cases: Logs and Logging \ntop lease. Oil & gas. A lease granted on property \nalready subject to an oil-and-gas lease . Generally, \nany rights granted by a top lease grants are valid only \nif the existing lease ends. [Cases: Mines and Minerals \n(;=:;c56,73.] \ntripartite lease. See finance lease. \ntriple net lease. See net-net-net lease. \n\"unless\" lease. Oil & gas. An oil-and-gas lease with \na drilling-delay rental clause structured as a special \nlimitation to the primary term . Unless delay rentals \nare paid or drilling operations are started from time \nto time as specified, an \"unless\" lease automatically \nterminates, and the lessee has no liability for its \nfailure to perform. [Cases: Mines and Minerals \n78.1(3,9).] \nlease, vb. (16c) l. To grant the possession and use of(land, \nbuildings, rooms, movable property, etc.) to another in \nreturn for rent or other consideration <the city leased \nthe stadium to the football team>. [Cases: Bailment \n1; Landlord and Tenant (;=:;c20.] 2. To take a lease of; \nto hold by a lease <Carol leased the townhouse from \nher uncle>. \nlease agreement. See LEASE (3). \nlease and release. Hist. A method of transferring seisin \nwithout livery, whereby the owner and the transferee \nwould enter into a lease for a term of years, to take \neffect only when the transferee entered the property, \nwhereupon the owner would release all interest in \nthe property to the transferee by written instrument. \n Once the transferee owned both the term and the \nfreehold interest, the two interests would merge to form \none estate in fee simple. This lease-and-release proce\ndure was fully acceptable to the courts, on the theory \nthat livery ofseisin to one already occupying the land \nwas unnecessary. \nleaseback, n. (1947) The sale of property on the under\nstanding, or with the express option, that the seller may \nlease the property from the buyer immediately upon \nthe sale. -Also termed sale and leaseback; sale-lease\nback. [Cases: Landlord and Tenant \nlease contract. See LEASE (3). \n\n973 \nlease for life. Hist. A lease of land for the duration of a \nspecified number oflives instead of for a specified term \nof years . Unlike a tenant for a term ofyears, a lessee \nfor life could recover the land if dispossessed. \n'The rent payable was usually fairly small, but a fine was \npaid when the lease was granted; a further fine was payable \nwhen, on the termination of the lives, the tenant exercised \nthe right the lease gave him to replace them and so extend \nthe lease. If the lessor was a corporation such as a mon\nastery or college, the fines were treated as income by the \nthen members of the corporation, to the disadvantage of \ntheir successors. Leases for life finally lost their popularity \nwhen legislation in the first half of the nineteenth century \ncompelled corporations to add such fines to their capital:' \nRobert E. Megarry & M.P. Thompson, A Manual of the Law \nofReal Property 306 (6th ed. 1993l. \nlease for years. See tenancy for a term under TENANCY. \nleasehold, n. (I8c) A tenant's possessory estate in land or \npremises, the four types being the tenancy tor years, the \nperiodic tenancy, the tenancy at will, and the tenancy \nat sufferance . Although a leasehold has some of the \ncharacteristics ofreal property, it has historically been \nclassified as a chattel real. Also termed leasehold \nestate; leasehold interest. See TENANCY. Cf. FREEHOLD. \n[Cases: Landlord and Tenant ~70, 113, 117.J \nleaseholder royalty. See landowner's royalty under \nROYALTY (2). \nleasehold improvements. (1845) Beneficial changes to \nleased property (such as a parking lot or driveway) \nmade by or for the benefit ofthe lessee . The phrase is \nused in a condemnation proceeding to determine the \nshare of compensation to be allocated to the lessee. \nleasehold interest. (18c) 1. LEASEHOLD; esp., for purposes \nof eminent domain, the lessee's interest in the lease \nitself, measured by the difference between the total \nremaining rent and the rent the lessee would pay for \nsimilar space for the same period. [Cases: Eminent \nDomain ~147.J 2. A lessor's or lessee's interest under \na lease contract. UCC  2A-103. [Cases: Bailment \n7.3. WORKING INTEREST. [Cases: Landlord and Tenant \n~20.J \nleasehold mortgage. See MORTGAGE. \nleasehold-mortgage bond. See BOND (3). \nleasehold royalty. See landowner's royalty under \nROYALTY (2). \nleasehold value. The value ofa leasehold interest.  This \nterm usu. applies to a long-term lease when the rent \npaid under the lease is lower than current market rates. \nSome states permit the lessee to claim the leasehold \ninterest from the landlord in a condemnation pro\nceeding, unless the lease prohibits such a claim. Other \nstates prohibit these claims by statute. See LEASEHOLD \nINTEREST; :O<O-BONUS CLAUSE. \nlease insurance. See INSURANCE. \nlease-lend. See LEND-LEASE. \nlease option. See OPTION. \nlease-purchase agreement. (1939) A rent-to-own \npurchase plan under which the buyer takes posses\nsion of the goods with the first payment and takes leave \nownership with the final payment; a lease of property \n(esp. equipment) by which ownership of the property is \ntransferred to the lessee at the end of the lease term . \nSuch a lease is usu. treated as an installment sale. Under \na capital lease, the lessee is responsible for paying taxes \nand other expenses on the property. -Also termed \nlease-to-purchase agreement; hire-purchase agreement; \ncapital lease. Cf. operating lease under LEASE. [Cases: \nBailment C:>22; Sales (;=5.J \nlease with an option to purchase. See lease option under \nOPTION. \nleasing-making. Hist. Scots law. Oral sedition. \nleast-intrusive-means doctrine. (1978) A doctrine \nrequiring the government to exhaust all other investi\ngatory means before seeking sensitive testimony, as by \ncompelling an attorney to testify before a grand jury \non matters that may be protected by the attorney-client \nprivilege. \nleast-intrusive-remedy doctrine. (1989) The rule that \na legal remedy should provide the damaged party \nwith appropriate relief, without unduly penalizing \nthe opposing party or the jurisdiction's legal system, \nas by striking only the unconstitutional portion of a \nchallenged statute while leaving the rest intact. [Cases: \nStatutes (::~'64(l).J \nleast-restrictive educational environment. See LEAST\nRESTRICTIVE ENVIRONMENT. \nleast-restrictive environment. Under the Individuals \nwith Disabilities Education Act, the school setting that, \nto the greatest extent appropriate, educates a disabled \nchild together with children who are not disabled. 20 \nUSCA  1412(5). -Also termed least-restrictive-edu\ncational environment. Cf. MAINSTREAMING. [Cases: \nSchools ~148(2).] \nleast-restrictive-means test. (1972) The rule that a law \nor governmental regulation should be crafted in a way \nthat will protect individual civil liberties as much as \npossible and should be only as restrictive as necessary \nto accomplish a legitimate governmental purpose. \nleaute (low-tay), n. [Law French \"legality\"] Hist. Legality; \nthe condition of a lawful man (legalis homo). See \nLEGALIS HOMO. \n! leave, n. (bef. 12c) 1. Departure; the act of going away \n<took his leave>. 2. Extended absence for which one has \nauthorization; esp., a voluntary vacation from military \nduties with the chance to visit home; furlough <on a \nI \tthree-month leave from the Army>. 3. Permission <by \nleave of court>. \nleave, vb. (bef. 12c) 1. To give by will; to bequeath or \ndevise <she left her ranch to her stepson> . This usage \nhas historically been considered loose by the courts, \nand it is not always given testamentary effect. 2. To be \nsurvived by <he left no brothers or sisters>. 3. To depart; \nvoluntarily go away; quit (a place). 4. To depart willfully \nwith the intent not to return <Nelson left Texas and \nbecame a resident of Massachusetts>. 5. To deliver (a \n: \tsummons, money, an article, etc.) by dropping off at a \n\ncertain place, esp. to await the return ofsomeone; esp., \nto post (a copy ofa writ, etc.). \nleave and license. In an action for trespass to land, the \ndefense that the plaintiff consented to the defendant's \npresence. \nleave no issue, vb. (16c) To die without any surviving \nchild or other descendant. _ The spouse of a deceased \nchild is usu. not issue. See FAILURE OF ISSUE. [Cases: \nWills \nleave of absence. (18c) A worker's temporary absence \nfrom employment or duty with the intention to return. \n-Salary level and seniority typically are unaffected by \na leave of absence. \nleave ofcourt. (18c) Judicial permission to follow a non\nroutine procedure <the defense sought leave of court \nto allow the defendant to exit the courtroom when the \nautopsy photographs are shown>. -Often shortened \nto leave. \nleave to sit. Parliamentary law. Permission from a delib\nerative assemblv for a committee or other subordinate \nbody to meet while the assembly is meeting. \nLEe. abbr. LOCAL-EXCHANGE CARRIER. \nleccator (l..-kay-t ..r). [LatinJ Archaic. A debauched \nperson; a lecher. Also termed lecator. \nlecherwite (lech-<'lr-wIt). See LAIRWITE. \nlecture method. See HORNBOOK METHOD. \nledger (lej-<'lr). (16c) 1. A book or series ofbooks used for \nrecording financial transactions in the form ofdebits \nand credits. Also termed general ledger. [Cases: \nEvidence 2. Archaic. A resident ambassa\ndor or agent. termed (in sense 2) leger; lieger. \nledo (lee-doh), n. [Latin] Hist. The rising water ofthe sea; \nneap tide. See neap"}
{"text": "o (lee-doh), n. [Latin] Hist. The rising water ofthe sea; \nneap tide. See neap tide under TIDE. \nleet (leet). Hist. A criminal court. -The last leets were \nabolished in England in 1977. \n\"Leet is a court derived out of the sheriff's turn, and \ninquires of all offences under the degree of high treason \nthat are committed against the crown and dignity of the \nking. But those offences which are to be punished with \nloss of life or member, are only inquirable there, and to be \ncertified over to the justices of assise. See stat. 1 E. 3, c. \n17:' Termes de 10 Lev 278-79 (lst Am. ed. 1812). \nleft-handed marriage. See morganatic marriage under \nMARRIAGE (1). \nlegabilis (I<'l-gay-b<'l-lis), n. [Latin] Hist. Property or goods \nthat may be given by wilL -As an adjective, the term \nalso meant \"bequeathable. \nlegable, adj. (Of property) capable of being \nbequeathed. \nlegacy (Ieg-a-see), n. (15c) A gift by will, esp. ofpersonal \nproperty and often of money. Cf. BEQUEST; DEVISE. \n[Cases: Wills \nabsolute legacy. A legacy given without condition and \nintended to vest immediately. Cf. vested legacy. \naccumulated legacy. A legacy that has not yet been paid \nto a legatee. accumulative legacy. See additional legacy. \nadditional legacy. A second legacy given to a legatee \nin the same will (or in a codicil to the same will) that \ngave another legacy. _ An additional legacy is supple\nmentary to another and is not considered merely a \nrepeated expression of the same gift. -Also termed \naccumulative legacy; cumulative legacy. [Cases: Wills \n(:=585.] \nalternate legacy. (1983) A legacy by which the testator \nallows the legatee to choose one of two or more \nitems. \nconditional legacy. (17c) A legacy that will take effect \nor be defeated subject to the occurrence or nonoccur\nrence ofan event. [Cases: Wills (;=>639-668.] \ncontingent legacy. (18c) A legacy that depends on \nan uncertain event and thus has not vested. -An \nexample is a legacy given to one's granddaughter \"if \nshe attains the age of21. [Cases: Wills (;=>628-638.] \ncumulative legacy. See additional legacy. \ndemonstrative legacy (di-mon-str<'l-tiv). (18c) A legacy \npaid from a particular source if that source has \nenough money. -If it does not, the amount of the \nlegacy not paid from that source is taken from the \nestate's general assets. lCases: Wills \nfailed legacy. See lapsed legacy. \ngeneral legacy. (18c) L A gift ofpersonal property that \nthe testator intends to come from the estate's general \nassets, payable in money or items indistinguishable \nfrom each other, such as shares of publicly traded \nstock. [Cases: Wills 2. Civil law. A testator's \ngift ofa fraction or proportion ofthe estate remaining \nafter particular legacies have been satisfied. 3. Civil \nlaw. A testator's gift ofall, a fraction, or a proportion \nof one of certain categories of property, as specified \nby statute. See La. Civ. Code arts. 1586, 3506(28). \nAlso termed legacy under a general title. Cf. particular \nlegacy; universal legacy. \nlapsed legacy. (18c) A legacy to a legatee who dies either \nbefore the testator dies or before the legacy is payable. \n-It falls into the residual estate unless the jurisdic\ntion has an antilapse statute. Also termedfailed \nlegacy;failed gift. See ANTILAPSE STATUTE. [Cases: \nWills (;=>774-777.J \nlegacy under a general title. See general legacy. \nlegacy under a particular title. See particular legacy. \nlegacy under a universal title. Louisiana law. A testa\nmentary disposition ofall immovable property, or all \nmovable property, or a fixed proportion ofall immov\nable property or ofall movable property. La. Civ. Code \nart. 1612. Cf. general legacy; particular legacy; univer\nsal legacy. [Cases: Wills c~583.J \nmodal legacy (moh-d ..l). A legacy accompanied by \ndirections about the manner in which it will be \napplied to the legatee's benefit <a modal legacy for \nthe purchase ofa business>. \n\n975 \nparticular legacy. Civil law. A testamentary gift that is \nnot expressed as a fraction or proportion and is less \nthan all the estate; any testamentary gift that does not \nmeet the definition ofa general legacy or a universal \nlegacy. See La. Civ. Code arts. 1587, 3506(28). -Also \ntermed legacy under a particular title. Cf. general \nlegacy; universal legacy. [Cases: Wills C=>586.] \npecuniary legacy (pi-kyoo-nee-er-ee). (18c) A legacy of \na sum ofmoney. [Cases: Wills C=>567.] \nreSiduary legacy (ri-zij-oo-er-ee). (l8c) A legacy ofthe \nestate remaining after the satisfaction of all claims \nand all specific, general, and demonstrative legacies. \n[Cases: Wills C=>586.] \nspecial legacy. See spec~fic legacy. \nspecific legacy. (l8c) A legacy of a specific or unique \nitem ofproperty, such as any real estate or a particu\nlar piece of furniture. Also termed specialZegacy. \n[Cases: Wills 754.] \nsubstitutional legacy. (1894) A legacy that replaces a \ndifferent legacy already given to a legatee. \ntrust legacy. A legacy of personal property to trustees \nto be held in trust, with the income usu. paid to a \nspecified beneficiary. \nuniversal legacy. Louisiana law. A testamentary dispo\nsition ofall property, movable and immovable, to one \nor more persons. La. Civ. Code art. 1585. Cf. general \nlegacy; legacy under a universal title; particular legacy. \n[Cases: Wills C=>583.] \nvested legacy. (18c) A legacy given in such a way that the \nlegatee has a fixed, indefeasible right to its payment. \nA legacy is said to be vested when the testator's words \nmaking the bequest convey a transmissible interest, \nwhether present or future, to the legatee. Thus, a legacy \nto be paid when the legatee reaches the age of 21 is a \nvested legacy because it is given unconditionally and \nabsolutely. Although the legacy is vested, the legatee's \nenjoyment ofit is deferred. Cf. absolute legacy; contin\ngent legacy. [Cases: Wills (:::'628-638.) \nvoid legacy. (l8c) A legacy that never had any legal exis\ntence. -The subject matter ofsuch a legacy is treated \nas a part of the estate and passes under the residuary \nclause of a will or (in the absence ofa residuary clause) \nunder the rules for intestate succession. [Cases: Wills \n~849-872.] \nlegacy duty. See legacy tax under TAX. \nlegacy tax. See TAX. \nlegal, adj. (lSc) 1. Ofor relating to law; falling within \nthe province oflaw <pro bono legal services>. 2. Estab\nlished, required, or permitted by law; LAWFUL <it is \nlegal to carry a concealed handgun in some states>. \n3. Of or relating to law as opposed to equity. [Cases: \nAction C=>21.J \nlegal act. (l5c) 1. Any act not condemned as illegal.  \nFor example, a surgeon's incision is a legal act, while \nstabbing is an illegal one. 2. An action or undertaking \nthat creates a legally recognized obligation; an act that \nbinds a person in some way. Legal Code \n\"A lunatic, though capable of holding property, was in \nRoman law incapable of any legal act.\" Thomas E. Holland, \nThe Elements ofJurisprudence 354 (13th ed. 1924). \n3. See act in the law under ACT. 4. See act of the law \nunder ACT. \nlegal-acumen doctrine (lee-gal a-kyoo-man). (1905) The \nprinciple that ifa defect in, or the invalidity of, a claim \nto land cannot be discovered without legal expertise, \nthen equ ity may be invoked to remove the cloud created \nby the defect or invalidity. \nlegal-advice exception. 1. The rule that an attorney may \nwithhold as privileged the client's identity and infor\nmation regarding fees, if there is a strong probability \nthat disclosing the information would implicate the \nclient in the criminal activity for which the attorney \nwas consulted. [Cases: Privileged Communications and \nConfidentiality C=> 146.)2. An exemption contained in \nopen~meetings legislation, permitting a governmen\ntal body to meet in closed session to consult with its \nattorney about certain matters. [Cases: Administrative \nLaw and Procedure C=>124.] \nlegal age. (l8c) 1. See age ofcapacity under AGE. 2. See \nage ofmajority (1) under AGE. \nlegal aid. (1890) Free or inexpensive legal services \nprovided to those who cannot afford to pay full price. \n-Legal aid is usu. administered locally by a specially \nestablished organization. See LEGAL SERVICES CORPO\nRATION. \nlegal analyst. See PARALEGAL. \nlegal asset. See ASSET. \nlegal assistant. (1939) 1. PARALEGAL. 2. A legal secre\ntary. \nlegal benefit. See BENEFIT (2). \nlegal brief. See BRIEF (1). \nlegal capital. See CAPITAL. \nlegal cause. See proximate cause under CAUSE (1). \nlegal centralism. The theory suggesting that state~con\nstructed legal entities form the center oflegallife and \ncontrol lesser normative systems (such as the family or \nbusiness networks) that define appropriate behavior \nand social relationships. -Also termed legal centrism; \nlegocentrism (lee-goh-sen-triz-~m). \nlegal-certainty test. (1964) Civil procedure. A test \ndeSigned to determine whether the amOl1nt in contro\nversy satisfies the minimum needed to establish the \ncourt's jurisdiction. _ The amount claimed in the com\nplaint will control unless there is a \"legal certainty\" that \nthe claim is actually less than the minimum amount. \nSee AMOUNT IN CONTROVERSY. [Cases: Federal Courts \nC=>350, 359; Removal ofCases C=>75, 107(7).] \nlegal citology (sl-tol-a-jee). (1996) 'The study ofcitations \n(esp. in footnotes) and their effect on legal scholar\nship. Often shortened to citology. legal citologist \n(sI~tol-a-jist), n. \nLegal Code. See CODE (2). \n\n976 legal conclusion \nlegal conclusion. (l7c) A statement that expresses a legal \nduty or result but omits the facts creating or supporting \nthe duty or result. Cf. CONCLUSION OF LAW; CONCLU\nSION OF FACT; FINDING OF FACT. \nlegal consideration. See valuable consideration under \nCONSIDERATION (1). \nlegal correlative. A legal status that has a corresponding \nor reciprocal status, such as a right that corresponds to \na duty . Wesley Newcomb Hohfeld ofYale Law School \nfirst introduced the bases for the concept oflegal correl\natives in two articles published in the Yale Law Journal \nin 1913 and 1917. He polished the concept in the book \nFundamental Legal Conceptions, as Applied in Judicial \nReasoning and Other Legal Essays, published posthu\nmously in 1919. \n\"Rights and duties have a distinct relationship and are \ncalled legal correlatives by Hohfeld. In terms of intellectual \nproperty, the right is a right to do certain things, such as \nmaking copies of a work of copyright, making articles to \na design covered by a design right, or making products \nin accordance with a patented invention. The correlative \nduty is a duty owed by all others not to infringe the right. \nThis duty exists even if the person infringing the right \ndoes not know of it. Looking at Hohfeld's scheme again, \nit can be seen that there are associated privileges and' no \nrights.' The right resulting from the operation of intellec \ntual property gives the owner of that right a corresponding \nprivilege, that is the privilege to exploit the work. The cor\nrelative 'no right' is to the effect that persons other than \nthe owner do not have this privilege.\" David Bainbridge, \nIntellectual Property 11 (5th ed. 2002), \nlegal cruelty. See CRUELTY. \nlegal custody. 1. See CUSTODY (2). 2. See CUSTODY (3). 3. \nSee DECISION-MAKING RESPONSIBILITY. \nlegal custom. See CUSTOM. \nlegal death. 1. See brain death under DEATH. 2. See civil \ndeath (2) under DEATH. 3. See civil death (3) under \nDEATH. \nlegal debt. See DEBT. \nlegal defense. See DEFENSE (1). \nlegal demand. See DEMAND (1). \nlegal dependent. See DEPENDENT. \nlegal description. (18c) A formal description of real \nproperty, including a description of any part subject \nto an easement or reservation, complete enough that a \nparticular piece ofland can be located and identified. \n The description can be made by reference to a gov\nernment survey, metes and bounds, or lot numbers ofa \nrecorded plat. -Also termed land description. [Cases: \nDeeds <>37.] \nlegal detriment. See DETRIMENT (2). \nlegal discretion. See judicial discretion under DISCRE\nTION. \nlegal distributee. See DISTRIBUTEE. \nlegal drafting. See DRAFTING. \nlegal duty. See DUTY (1). \nlegal-elements test. (1980) Criminal law. A method of \ndetermining whether one crime is a lesser included offense in relation to another crime, by examining the \ncomponents of the greater crime to analyze whether \na person who commits the greater crime necessarily \ncommits the lesser one too. Also termed same-ele\nments test. [Cases: Double Jeopardy <>;)162; Indictment \nand Information <>189, 191.] "}
{"text": "ases: Double Jeopardy <>;)162; Indictment \nand Information <>189, 191.] \nlegal entity. (18c) A body, other than a natural person, \nthat can function legally, sue or be sued, and make deci\nsions through agents . A typical example is a corpora\ntion. C[ artificial person under PERSON (3). \nlegalese (lee-ga-leez). (1914) The jargon characteristically \nused by lawyers, esp. in legal documents <the partner \nchided the associate about the rampant legalese in the \ndraft sublease>. -Also termed law-talk. See PLAIN\nLANGUAGE MOVEMENT. \nlegal estate. See ESTATE (1). \nlegal estoppel. See ESTOPPEL. \nlegal ethics. (1828) 1. Standards ofprofessional conduct \napplicable to members of the legal profeSSion. Ethical \nrules consist primarily of the ABA Model Rules of Pro\nfessional Conduct and the earlier ABA Model Code \nof Professional Responsibility, together with related \nregulatory judgments and opinions. The Model Rules \nof Professional Conduct have been enacted into law, \noften in a modified form, in most states. 2. The study \nofsuch standards. 3. A lawyer's practical observance of \nor conformity to established standards ofprofeSSional \nconduct. See MODEL RULES OF PROFESSIONAL CONDUCT. \n[Cases: Attorney and Client <>32(2).] \n\"In one sense, the term 'legal ethics' refers narrowly to the \nsystem of professional regulations governing the conduct \nof lawyers. In a broader sense, however, legal ethics is \nsimply a special case of ethics in general, as ethics is \nunderstood in the central traditions of philosophy and \nreligion. From this broader perspective, legal ethics cuts \nmore deeply than legal regulation: it concerns the funda\nmentals of our moral lives as lawyers.\" Deborah L. Rhode \n& David Luban, Legal EthicS 3 (1992). \nlegal etiquette. The profeSSional courtesy that lawyers \nhave traditionally observed in their professional \nconduct, shown through civility and a strong sense of \nhonor. -Also termed etiquette ofthe profession. \nlegal evidence. See EVIDENCE. \nlegal excuse. See EXCUSE (2). \nlegal fact. See FACT. \nlegal father. See FATHER . \nlegal fence. See LAWFUL FENCE. \nlegal fiction. (l7c) An assumption that something is true \neven though it may be untrue, made esp. in judicial rea\nsoning to alter how a legal rule operates; specif., a device \nby which a legal rule or institution is diverted from its \noriginal purpose to accomplish indirectly some other \nobject.  The constructive trust is an example of a legal \nfiction. -Often shortened to fiction. Also termed \nfiction oflaw;fictio juris. [Cases: Trusts \n\"I ... employ the expression 'Legal Fiction' to signify any \nassumption which conceals, or affects to conceal, the \nfact that a rule of law has undergone alteration, its letter \nremaining unchanged, its operation being modified .... \n\n977 \nIt is not difficult to understand why fictions in all their \nforms are particularly congenial to the infancy of society. \nThey satisfy the desire for improvement, which is not quite \nwanting, at the same time that they do not offend the \nsuperstitious disrelish for change which is always present:' \nHenry S. Maine, Ancient Law 21-22 (1 7th ed. 1901). \n\"legal fiction is the mask that progress must wear to pass \nthe faithful but blear-eyed watchers of our ancient legal \ntreasures. But though legal fictions are useful in thus miti\ngating or absorbing the shock of innovation, they work \nhavoc in the form of intellectual confusion.\" Morris R. \nCohen, Law and the Social Order 126 (1933). \nlegal force. See reasonable force under FORCE. \nlegal formalism, n. (1895) The theory that law is a set of \nrules and principles independent of other political and \nsocial institutions . Legal formalism was espoused by \nsuch scholars as Christopher Columbus Langdell and \nLon Fuller. Cf. LEGAL REALISM. legal formalist, n. \nlegal fraud. See constructive fraud (I) under FRAUD. \nlegal heir. See HEIR (1). \nlegal holiday. (1867) A day designated by law as exempt \nfrom court proceedings, issuance of process, and the \nlike. Legal holidays vary from state to state. Some\ntimes shortened to holiday. -Also termed nonjudicial \nday. [Cases: Holidays (~L] \nlegal hybrid. Property. A cooperative housing unit in \nwhich the same person holds a lease and also owns \nstock in the cooperative association that owns or leases \nthe unit. [Cases: Landlord and TenantC=>350.] \nlegal impossibility. See IMPOSSIBILITY. \nlegal inconsistency. See legally inconsistent verdict under \nVERDICT. \nlegal injury. See INJURY. \nlegal-injury rule. (1956) The doctrine that the statute of \nlimitations on a claim does not begin to run until the \nclaimant has sustained some legally actionable damage. \n Under this rule, the limitations period is tolled until \nthe plaintiff has actually been injured. Also termed \ndamage rule. [Cases; Limitation of Actions C=>43.] \nlegal innocence. See INNOCENCE. \nlegal insanity. See INSANITY. \nlegal instrument. See INSTRUMENT (1). \nlegal interest. 1. INTEREST (2). 2. INTEREST (3). \nlegal interruption. See INTERRUPTION. \nlegal intromission. See INTROMISSION. \nlegal investments. See LEGAL LIST. \nlegalis homo (Ia-gay-lis hoh-moh). [Latin \"lawful man\"] \nHist. A person who has full legal capacity and full legal \nrights; one who has not been deprived of any rights in \ncourt by outlawry, excommunication, or infamy . A \nlegalis homo was said to stand rectus in curia (\"right in \ncourt\"). A lawful man was able to serve as a juror and to \nswear an oath. Pl.legales homines (la-gay-leez hom-a\nneez). -Also termed legal man; lawful man; lageman; \nliber et legalis homo. See RECTUS IN CURIA. legally \nlegalism, n. (1928) 1. Formalism carried almost to the \npoint of meaninglessness; an inclination to exalt the \nimportance oflaw or formulated rules in any area of \naction. \n\"What is legalism? It is the ethical attitude that holds moral \nconduct to be a matter of rule following, and moral rela\ntionships to consist of duties and rights determined by \nrules.\" Judith N. Shklar, Legalism: Law, Morals, and Political \nTrials 1 (1964). \n\"If ... the law and the lawyer are to make a socially valuable \ncontribution to the operation of the social security system, \nthere must be abandoned old-established habits of \nthought as to the nature of law and the whole gamut of \npractices summed up in the layman's word of deadly insult, \n'legalism' his word for rigid attachment to legal prec\nedent, the substitution of legal rule for policy, the fettering \nof discretion, the adversary style, the taking of technical \npoints, formality.\" leslie Scarman, English Law The New \nDimension 43 (1974). \n2. A mode of expression characteristic oflawyers; a \njargonistic phrase characteristic of lawyers, such as \n\"pursuant to.\" \nlegalis moneta Angliae (la-gay-lis ma-nee-ta ang-glee\neel, n. [Latin] Lawful money of England. \nlegal issue. See ISSUE (1). \nlegalist, n. (1829) A person who views things from a \nlegal or formalistic standpoint; esp., one who believes \nin strict adherence to the letter of the law rather than \nits spirit. \nlegalistic, adj. (l7c) Characterized by legalism; exalting \nthe importance of law or formulated rules in any area \nof action <a legalistic argument>. \nlegality. (ISc) 1. Strict adherence to law, prescription, or \ndoctrine; the quality ofbeing legal. 2. The principle that \na person may not be prosecuted under a criminal law \nthat has not been previously published. Also termed \n(in sense 2) principle oflegality. \nlegalize, vb. (18c) 1. To make lawful; to authorize or \njustify by legal sanction <the bill to legalize marijuana \nnever made it to the Senate floor>. 2. To imbue with the \nspirit of the law; to make legalistic <as religions age, \nthey tend to become legalized>. -legalization, n. \nlegalized nuisance. See NUISANCE. \nlegal jeopardy. See JEOPARDY. \nlegal jointure. See JOINTURE (2). \nlegal liability. See LIABILITY (1). \nlegal life estate. See life estate under ESTATE (1). \nlegal life tenant, See LIFE TENANT. \nlegal list. A group of investments in which institutions \nand fiduciaries (such as banks and insurance com\npanies) may legally invest according to state statutes. \n States usu. restrict the legal list to low-risk securi\nties meeting certain specifications. -Also termed \napproved list; legal investments. \nlegally, adv. (16c) In a lawful way; in a manner that \naccords with the law. \n\n978 legally determined \nlegally determined, adj. (17c) (Of a claim, issue, etc.) \ndecided by legal process <liability for the accident was \nlegally determined>. \nlegally incapacitated person. (1919) A person, other than \na minor, who is temporarily or permanently impaired \nby mental illness, mental deficiency, physical illness or \ndisability, or alcohol or drug use to the extent that the \nperson lacks sufficient understanding to make or com\nmunicate responsible personal decisions or to enter into \ncontracts. Abbr. LIP. -Also termed legally incom\npetent person; incompetent, n. \nlegally inconsistent verdict. See VERDICT. \nlegally liable. See LIABLE. \nlegally protected interest. See INTEREST (2). \nlegally sufficient consideration. See sufficient consider\nation under CONSIDERATION (1). \nlegal malice. See implied malice under MALICE. \nlegal malpractice. See MALPRACTICE. \nlegal man. See LEGALIS HOMO. \nlegal maxim. See MAXIM. \nlegal memory. (1882) The period during which a legal \nright or custom can be determined or established . \nTraditionally, common-law legal memory began in \nthe year 1189, but in 1540 it became a steadily moving \nperiod of60 years. Cf. TIME IMMEMORIAL (1). \n\"Because of the importance to feudal landholders of seisin \nand of real property in general, the writ of right has been \ncalled 'the most solemn of all actions.' Nevertheless, it \nwas believed that the time within which such a complain\nant would be allowed to prove an ancestor to have been \nseised of the estate in question must be limited. At first this \nwas done by selecting an arbitrary date in the past, before \nwhich 'legal memory' would not run. The date initially was \nDec. 1, 1135 (the death of Henry I); in 1236 it was changed \nby statute to Dec. 19, 1154 (the coronation of Henry II); and \nin 1275 it became Sept. 3, 1189 (the coronation of Richard \nI). Finally, in 1540, an arbitrary period of sixty years was \nset as the period of 'legal memory.' The latter change was \nprobably made because it was felt that a 350-year statute \nof limitations was somewhat awkward.\" Thomas F. Bergin \n& Paul G. Haskell, Preface to Estates in Land and Future \nInterests 45 n.65 (2d ed. 1984). \nlegal mind. (i8c) The intellect, legal capacities, and \nattitudes of a well-trained lawyer -often used as a \npersonified being <although this distinction occurs \nnaturally to the legal mind, it is too technical to be sat\nisfactory>. \nlegal monopoly. See MONOPOLY. \nlegal moralism. (1963) The theory that a government or \nlegal system may prohibit conduct that is considered \nimmoraL \nlegal mortgage. See MORTGAGE. \nlegal name. See NAME. \nlegal negligence. See negligence per se under NEGLI\nGENCE. \nlegal newspaper. See ;-JEWSPAPER. \nlegal notice. See NOTICE. \nlegal obligation. See OBLIGATION. legal officer. See OFFICER (2). \nlegal opinion. See OPINION (2). \nlegal order. (l6c) 1. Traditionally, a set of regulations \ngoverning a society and those responsible for enforcing \nthem. 2. Modernly, such regulations and officials plus \nthe processes involved in creating, interpreting, and \napplying the regulations. \nlegal owner. See OWNER. \nlegal parent. See PARENT (1). \nlegal paternalism. (1913) The theory that a government \nor legal system is justified in controlling the individual \nand private affairs of citizens. This theory is often \nassociated with legal pOSitivists. See PATERNALISM; \nLEGAL POSITIVISM. \nlegal person. See artificial person under PERSON (3). \nlegal personality. See PERSONALITY (1). \nlegal-personal representative. See REPRESENTATIVE. \nlegal philosophy. See general jurisprudence (2) under \nJURISPRUDENCE. \nlegal pneumoconiosis. See PNEUMOCONIOSIS. \nlegal portion. See LEGITIME. \nlegal positivism, n. (I939) The theory that legal rules \nare valid only because they are enacted by an existing \npolitical authority or accepted as binding in a given \nsociety, not because they are grounded in morality or \nin natural law. -Legal positivism has been espoused \nby such scholars as H.L.A. Hart. See POSITIVE LAW. Cf. \nLOGICAL POSITIVISM. -legal positivist, n. \n\"[Ilt will be helpful to offer some comparisons between \nlegal positivism and its counterpart in science. Scien\ntific positivism condemns any inquiry projecting itself \nbeyond observable phenomena; it abjures metaphysics, it \nrenounces in advance any explanation in terms of ultimate \ncauses. Its program of research is to chart the regulari\nties discernible in the phen"}
{"text": "in advance any explanation in terms of ultimate \ncauses. Its program of research is to chart the regulari\nties discernible in the phenomena of nature at the point \nwhere they become open to human observation, without \nasking as it were -how they got there. In the setting of \nlimits to inquiry there is an obvious parallel between scien\ntific and legal positivism. The legal positivist concentrates \nhis attention on law at the point where it emerges from \nthe institutional processes that brought it into being. It is \nthe finally made law itself that furnishes the subject of his \ninquiries. How it was made and what directions of human \neffort went into its creation are for him irrelevancies.\" Lon \nL. Fuller, Anatomy of the Law 177-78 (1968). \nlegal possessor. See POSSESSOR. \nlegal practice. See PRACTICE OF LAW. \nlegal practitioner. 1. A lawyer. 2. In the traditional \nEnglish system, a member of one of the recognized \nbranches ofpractice. \n\"Legal practitioners may be either barristers, special \npleaders not at the bar, certified conveyancers, or solici\ntors. The three latter may recover their fees, but the first \nmay not, their acting being deemed of a voluntary nature, \nand their fees merely in the light of honorary payments; \nand it follows from this, that no action lies against them \nfor negligence or unskilfulness.\" John Indermaur, Principles\nof the Common Law 169 (Edmund H. Bennett ed., 1st Am. \ned. 1878). \nlegal prejudice. See PREJUDICE. \n\n979 \nlegal presumption. See presumption oflaw under PRE\nSUMPTION. \nlegal proceeding. 07c) Any proceeding authorized by \nlaw and instituted in a court or tribunal to acquire a \nright or to enforce a remedy. \nlegal process. See PROCESS. \nlegal question. See QUESTION OF LAW. \nlegal rate. See INTEREST RATE. \nlegal realism, n. (1930) The theory that law is based, not \non formal rules or principles, but instead on judicial \ndecisions that should derive from social interests and \npublic policy. _ American legal realism which flour\nished in the early 20th century was espoused by \nsuch scholars as John Chipman Gray, Oliver Wendell \nHolmes, and Karl Llewellyn. Cf. LEGAL FORMALISM. \nlegal realist, n. \nlegal regime. See REGIME. \nlegal relation. The connection in law between one person \nor entity and another; VINCULUM JURIS. \nlegal remedy. See REMEDY. \nlegal representative. See REPRESENTATIVE. \nlegal rescission. See RESCISSION. \nlegal research. (18c) l. The finding and assembling of \nauthorities that bear on a question oflaw. 2. The field \nof study concerned with the effective marshaling of \nauthorities that bear on a question oflaw. \nlegal reserve. See RESERVE. \nlegal residence. See DOMICILE (2). \nlegal right. See RIGHT. \nlegal ruling. See RULING. \nlegal science. (ISc) The field of study that, as one of the \nsocial sciences, deals with the institutions and prin\nciples that particular societies have developed (1) for \ndefining the claims and liabilities of persons against \none another in various circumstances, and (2) for \npeaceably resolving disputes and controversies in \naccordance with principles accepted as fair and right \nin the particular community at a given time. \nlegal secretary. (IS97) An employee in a law office whose \nresponsibilities include typing legal documents and \ncorrespondence, keeping records and files, and per\nforming other duties supportive of the employer's \nlaw practice. -Legal secretaries are usu. more highly \nskilled, and therefore more highly compensated, than \nsecretaries in general business. \nlegal seisin. See seisin in law under SEISIN. \nlegal separation. 1. See SEPARATION (1). 2. See SEPA\nRATION (2). 3. See divorce a mensa et thoro under \nDIVORCE. \nLegal Services Corporation. A nonprofit federal corpo\nration that provides financial aid in civil cases to those \nwho cannot afford legal assistance through grants to \nlegal-aid and other organizations and by contracting \nwith individuals, firms, corporations, and organizations legate \nto provide legal services. -TIle agency was created by \nthe Legal Services Corporation Act of 1974.42 USCA \n 2996. [Cases: Corporations <:;::)377.5.] \nlegal servitude. See SERVITUDE (2). \nlegal signature. See SIGNATURE. \nlegal subdivision. See SUBDIVISION. \nlegal subrogation. See SUBROGATION. \nlegal succession. l. See SUCCESSION (2). 2. See DESCENT. \nlegal tender. (I8c) The money (bills and coins) approved \nin a country for the payment of debts, the purchase of \ngoods, and other exchanges for value. See TENDER (5). \n[Cases: United States (?34.] \nlegal theory. (1804) 1. See general jurisprudence under \nJURISPRUDENCE. 2. The principle under which a litigant \nproceeds, or on which a litigant bases its claims or \ndefenses in a case. \nlegal title. See TITLE (2). \nlegal tutorship. See TUTORSHIP. \ni legal-unities doctrine. Elist. The common-law rule that \na wife had no separate existence from her husband. \nAlso termed doctrine oflegal unities; unities doctrine \nofmarriage. See MARRIED WOMEN'S PROPERTY ACTS; \nSPOUSAL-UNITY DOCTRINE. \nlegal usufruct. See USUFRUCT. \nlegal value. See BENEFIT (2). \nI legal vote. See VOTE (1). \nlegal voter. See VOTER (2). \nlegal willfulness. See WILLFULNESS. \nLegal Writing Institute. A nonprofit corporation \nfounded in 1984 to promote the exchange of informa\ntion and ideas about the teaching oflegal writing. -It is \ncomposed mainly oflegal-writing teachers at American \nlaw schools. Like its sister organization, the Associa\ntion ofLegal Writing Directors, it seeks to improve the \nteaching oflegal writing through research and scholar\nship, a biennial conference, an annual survey of legal\nwriting programs, an active Iistserv, and publications \nthat include a journal called Legal Writing. Abbr. \nLWI. \nlegal wrong. See WRONG. \nlegantine. See LEGATINE. \nlegare (la-gair-ee), vb. [Latin] Roman law. To bequeath \none or more specified items to some person other than \nan heir, or to make such a bequest to an heir in advance \nofthe estate's division between the heirs. \nlegatarius (leg-d-tair-ee-as), n. [Latin] 1. Roman law. The \nperson to whom property is bequeathed; the named \nrecipient of a legatum; LEGATEE. 2. Hist. A legate; a mes\nsenger or envoy. See LEGATE. PL legatarii. \nlegatary (leg-a-ter-ee), n. Archaic. See LEGATEE. \nlegate (leg-it), n. [fro Latin legare \"to send as an envoy\"] \n(I2c) 1. Roman law. An official who undertakes a special \nmission for the emperor, or an official or body such as a \nmunicipality. 2. Roman law. A person deputed to assist \n\n980 legate \nor act for the emperor, a governor, or a general in a \nmilitary or administrative activity. 3. A papal represen\ntative who mayor may not have both diplomatic and \necclesiastical status; a diplomatic agent ofthe Vatican. \nCf. NUNCIO (1); INTERNUNCIO (3). \nlegate a latere (ay lat-<l-ree). See legatus a latere under \nLEGATUS. \nlegate missus (mis-Js). See legatus missus under \nLEGATUS. \nlegate natus (nay-tds). See legatus natu5 under \nLEGATUS. \n4. A representative of a state or the highest authority in \na state; an ambassador; a person commissioned to rep\nresent a country in a foreign country. -Also termed \nlegatus. legatine, adj. \nlegate (lJ-gayt), vb. To give or leave as a legacy; to make \na testamentary gift of(property); BEQUEATH. \nlegatee (Ieg-J-tee). (17c) 1. One who is named in a will to \ntake personal property; one who has received a legacy \nor bequest. [Cases: Wills ~492-520.]2. Loosely, one \nto whom a devise of real property is given. -Also \ntermed (archaically) legatary. Cf. DEVISEE. \ngeneral legatee. A person whose bequest is of a speci\nfied quantity to be paid out of the estate's personal \nassets. [Cases: Wills C':::)756.] \nresiduary legatee (ri-zij-oo-er-ee). (18c) A person des\nignated to receive the residue of a decedent's estate. \nSee residuary estate under ESTATE (3). [Cases: Wills \n<8=,586.] \nspecific legatee. (18c) The recipient, under a will, ofdes\nignated property that is transferred by the owner's \ndeath. [Cases: Wills 754.] \nuniversal legatee. A residuary legatee that receives the \nentire residuary estate. \nlegatine (leg-J-teen or -tm), adj. Of or relating to a \nlegate. Also termed (erroneously) legantine. \nlegatine constitution. Hist. Eccles. law. A code ofecdesi\nasticallaws issued with the authority ofa papal legate, \nsuch as those enacted in English national synods in \n1220 and 1268. \nlegatine court. See COURT. \nlegation (l<l-gay-sh;m). (14c) Int'llaw. 1. The act or \npractice of sending a diplomat to another country; a \ndiplomatic mission. 2. A body of diplomats sent to a \nforeign country and headed by an envoy extraordi\nnary or a minister plenipotentiary. 3. The official resi\ndence of a diplomatic minister in a foreign country. \nCf. EMBASSY. \nlegator (l<l-gay-tJr or leg-d-tor), n. Rare. One who \nbequeaths a legacy; TESTATOR. \nlegatory (leg-J-tor-ee), n. Hist. The one-third portion of \na freeman's estate in land that he could dispose of by \nwill. -The other two portions of the estate were subject \nto claims ofthe wife and children. legatum (lJ-gay-tdm), n. [Latin fr.legare \"to bequeath\"] \n1. Roman law. A special bequest; a gift left by a deceased \nperson to be paid from the estate by the heir. -Unlike an \nheir, a legatee acquired a benefit and no duties attached. \n2.l:list. A legacy or bequest to the church, esp. for tithes \nnot paid while the donor lived. See MORTUARY. \nlegatum debiti (l<l-gay-t<lm deb-<l-tI). [Latin \"legacy of \ndebt\"] Roman law. A legacy to the decedent's creditor \nof what the decedent owes. _ This type oflegacy was \nvoid unless it bettered the creditor's position in some \nway, as by removing a valid defense that the debtor \nhad to the creditor's claim. \nlegatum dotis (I<1-gay-t<lm doh-tis). [Latin] Roman \nlaw. A legacy ofdowry. - A husband might bequeath \na dowry back to his wife, the result being that the \nhusband's heirs were not entitled to retain the usual \ndeductions for children, and the widow could receive \nher dowry immediately. \nlegatum generis (IJ-gay-t<lm jen-<l-ris). [Latin \"legacy of \na genus\") Roman law. A legacy ofa subject ofa general \nclass; a legacy ofa kind ofthing, rather than a specifi\ncally named item. For example, the testator might \nmake a gift of a horse without specifically naming \nwhich one often horses in the estate. \n\"Legatum generis .... Normally the testator set in his tes \ntament who had to make the choice from among the things \nof the same kind (slaves, horses) belonging to the estate: \nthe heir, the legatee or a third person. The jurists did not \nagree about the solution [when] ... the testator did not \nentitle any person to make the selection. Apparently the \nrules varied according to the form in which such a legacy \n(/egatum) was left. The Justinian law favored the choice \nby the legatee.\" Adolf Berger, Encyclopedic Dictionary of \nRoman Law 540 (1953). \nlegatum liberationis (IJ-gay-tJm lib-J-ray-shee-oh\nnis). [Latin \"legacy of a discharge\"] Roman law. \nA legacy by which a testator released the indebted \nlegatee from a debt. -Also termed liberatio legata \n(lib-<l-ray-shee-oh l;)-gay-td). \nlegatum nominis (ld-gay-tdm nahm-J-nis). [Latin \n\"legacy of a name\"] Roman law. A legacy by which \na testator willed to the legatee a debt owed to the \ntestator from a third party. -The heir was obliged to \nhand over the relevant documents and cede any rights \nofaction on them. \nlegatum optionis (lJ-gay-tJm op-shee-oh-nis). [Latin \n\"legacy ofan option\"] Roman law. A legacy ofone of \nseveral items that the deSignated beneficiary chooses \nfrom the testator's estate . Originally, if the legatee \ndied after the testator but before making the selection, \nthe legacy failed. Justinian later changed the law to \nmake selection by the legatee's representative under \nthese circumstances valid. \nlegatum peculii (lJ-gay-t<lm pi-kyoo-lee-I). [Latin] \nRoman law. A legacy of a peculium to a free person \nor to a manumitted slave; a legacy ofa slave's peculium \nwith or without the slave. See PECULIUM. \nlegatum quantitatis (lJ-gay-t<lm kwon-ti-tay-tis). \n[Latin \"a legacy of quantity\"] Roman law. A general \n\nlegacy of a certain amount, such as a legacy of two \nhorses. \nlegatum rei alienae (l,,-gay-tiJm ree-I"}
{"text": "a legacy of two \nhorses. \nlegatum rei alienae (l,,-gay-tiJm ree-I ay-lee-ee-nee or \nal-ee-). [Latin \"a legacy of something belonging to \nanother\"] Roman law. A legacy ofan item that belongs \nto a third party. The heir was obliged to purchase \nthe item from the third party, if that was possible, \nand give it to the legatee or otherwise pay its value \nto the legatee. \nlegatum universitatis (l,,-gay-tiJm yoo-ni-vdr-sd-tay\ntis). [Latin \"a universal legacy\"] Hist. A legacy of the \ntestator's entire estate. \nlegatus (\\iJ-gay-tds), n. A legate. PI. 'egati (liJ-gay-tr) See \nLEGATE. \nlegatus a latere (ay lat-d-ree). [Latin \"legate from \nthe (Pope's) side\"] A papal legate (esp. a cardinal) \nappointed for a special diplomatic mission and not as \na permanent representative . This is a type oflegatus \nmissus. Also termed legate a latere. Cf. NUNCIO. \nlegatus datus (day-tds). See legatus missus. \nlegatus missus (mis-iJs). [Latin \"legate sent\"] A legate \nsent on a special mission. -Also termed legate \nmissus; legatus datus (day-tds). \nlegatus natus (nay-tds). [Latin \"legate born\"] A bishop \nor archbishop who claims to be a legate by virtue of \noffice in an important see, such as Canterbury. \nAlso termed legate natus. \nlegem amittere (Iee-jdm d-mit-d-ree), vb. [Latin \"to lose \none's law\"] Hist. To lose the privilege oftaking an oath, \nusu. because of a criminal conviction. \nlegem Jacere (lee-jam fay-siJ-ree), vb. [Law Latin] Hist. \nTo make an oath; to wage law. \nlegem Jerre (Iee-j\"m fer-ee), vb. [Latin \"to carry the \nproposal\"] Roman law. 1. To propose a law to the \npopular assembly. 2. To enact a law. \nlegem habere (lee-j\"m h<l-beer-ee), vb. [Latin] Hist. To \nbe able to testify under oath. In England, witnesses \nwith criminal convictions were unable to testify until \nthe 19th century, by the Evidence Act of 1843 (6 & 7 \nVict., ch. 85). \nlegem jubere (lee-jam jd-beer-ee), vb. [Latin] Roman law. \nTo pass a proposed law. \nlegem ponere (lee-jdm poh-n,,-ree), vb. [Latin] Hist. 1. \nTo propound a law. 2. To pay in cash. \nlegem sciscere (lee-jdm sis-d-ree), vb. [Latin] Roman law. \n(Of the people) to consent to a proposed law. \nlegem vadiare (lee-jam vad-ee-air-ee), vb. [Latin] Hist. \nTo wage law; to offer to make a sworn defense to an \naction for debt, accompanied by 11 neighbors as char\nacter witnesses. See COMPURGATION. \nlegenita. See LAIRWITE. \nleger, n. Archaic. See LEDGER (2). \nlegerwite. See LAIRWITE. \nleges (lee-jeez), n. pI. [Latin] 1. See LEX. 2. See LEGES \nPUBLICAE. leges Angliae (lee-jeez aug-glee-ee). [Latin] Hist. The \nlaws of England, as distinguished from the civil law \nand other legal systems. \nleges barbarorum (Iee-jeez bahr-ba-ror-<lm). [Latin \n\"laws of the barbarians\"] Hist. The customary laws \nof medieval European law; esp., the customary laws \nof Germanic tribes during the Middle Ages . These \ninclude the lex ramana Visigotharum, the lex Burgun\ndiallum, and the lex Saliea. -Also termedfolk Laws. \nSee SALIC LAW. \n\"Many of the conquering Germanic tribes sought to state \ntheir own tribal customs in writing. Several of these so \ncalled codes or leges barbarorum were published from \ntime to time shortly after the fall of the Western Empire \nin the middle of the fifth century until about the time of \nCharlemagne, 800. The most famous is a Frankish one, the \nLex Salica, which probably dates from the second half of \nthe fifth century,\" W.j.V. Windeyer, Lectures on Legal History \n1 (2d ed. 1949). \nleges centuriatae. See LEX CENTURrATA. \nleges curiatae. See LEX CURIATA. \nleges de imperio. See LEGES IMPERII. \nleges Edwardi ConJessoris (lee-jeez ed-wahr-dr kon\nfd-sor-is), n. [Latin \"Laws of Edward the Confessor\"] \nHist. A legal treatise written between 1130 and 1135, of \ndubious authority, compiling English law as it stood at \nthe end of the reign of Henry I. \n\"[Wje have a book [leges Edwardi Confessoris] written \nin Latin which expressly purports to give us the law of \nEdward as it was stated to the Conqueror in the fourth \nyear of his reign by juries representing the various parts of \nEngland .... It is a private work of a bad and untrustworthy \nkind. It has about it something of the political pamphlet \nand is adorned with pious legends. The author, perhaps \na secular clerk of French parentage, writes in the interest \nof the churches, and, it is to be feared, tells lies for them.\" \n1 Frederick Pollock & FrederiC W. Maitland, The History \nof English Law Before the Time of Edward I 103 (2d ed. \n1898). \nleges et consuetudines regni (lee-jeez et kon-swa-t[y] \noo-di'/-neez reg-nI), n. [Latin \"laws and customs of \nthe kingdom\"] Hist. The common law. This was the \naccepted term for the common law since at least the \nlate 12th century. \nleges Henrici (lee-jeez hen-rI-sI), n. [Latin] Hist. A book \nanonymously written between 1114 and 1118 contain\ning Anglo-Saxon and Norman law. The book lends \ninsight to the period before the full development of \nNorman law in England. -Also termed leges Henrici \nPrimi. \n\"Closely connected with the Quadripartitus is a far more \nimportant book, the so-called Leges Henrici. It seems to \nhave been compiled shortly before the year 1118. After a \nbrief preface, it gives us Henry's coronation charter (this \naccounts for the name which has unfortunately been given \nin modern days to the whole book), and then the author \nmakes a gallant, if forlorn, attempt to state the law of \nEngland. At first sight the outcome seems to be a mere \njumble of fragments .... Sut the more closely we examine \nthe book, the more thoroughly convinced we shall be that \nits author has undertaken a serious task in a serious spirit; \nhe means to state the existing law of the land ....\" 1 Fred\nerick Pollock & Frederic W. Maitland, The History of English \nLaw Before the Time of Edward 199 (2d ed. 1898). \n\nleges imperii 982 \nleges imperii (lee-jeez im-peer-ee-I). [Latin] Roman law. \nLaws conferring lawmaking and other powers on the \nemperor. -Also termed leges de imperio. \nleges Juliae (lee-jeez joo-Iee-ee). See lex Julia judiciorum \npublicorum under LEX JULIA. \nleges non scriptae (lee-jeez non skrip-tee). [Latin] Hist. \nUnwritten or customary laws, including ancient acts of \nParliament. Cf. LEGES SCRIPTAE. \nleges publicae (lee-jeez p;)b-ld-see). [Latin] Roman \nlaw. Statutes passed by the vote of the Roman people \nin popular assemblies . Most leges publicae were of \ntemporary political interest but some, such as the lex \nAquilia or the lex Falcidia, had a long life. -Often \nshortened to leges. \nLeges regiae (lee-jeez ree-ji-ee). [Latin] Roman law. Frag\nments of customary law relating mostly to religious \nrites and traditionally attributed to Roman kings. \nleges sacratae (lee-jeez sd-kray-tee). [Latin] Roman law. \nLaws whose violation was punished by devoting the \noffender to the infernal gods. \nleges scriptae (lee-jeez skrip-tee), n. [Latin] Hist. Written \nlaws; esp., statutory laws or acts of Parliament that are \nreduced to writing before becoming binding. Cf. LEGES \nNON SCRIPTAE. \nleges sub graviori lege (lee-jeez sdb grav-ee-or-I lee-jee). \n[Latin] Laws under a weightier law. \nleges tabellariae (lee-jeez tab-d-Iair-ee-ee). [Latin] \nRoman law. Laws that regulated voting by ballot. \nleges tributae (lee-jeez tri-byoo-tee). [Latin] Roman law. \nLaws passed in the comitia tributa. See comitia tributa \nunder COMITIA. \nlegibus solutus (lee-jd-bds sd-Ioo-tds), adj. [Latin \n\"released from the laws\"] Roman law. (Of the emperor \nor other designated person) not bound by the law. \nlegiosus (lee-jee-oh-sds), adj. [Law Latin] Hist. liti\ngious. \nlegis actio (lee-jis ak-shee-oh). Roman law. A legal or \nlawful action; an action at law requiring the use of a \nfixed form of words . These actions were abolished \nby the leges Juliae. -Also termed actio legis. PI. legis \nactiones (lee-jis ak-shee-oh-neez). \nlegis actio sacramento. See SACRAMENTO. \nlegislate, vb. (180) 1. To make or enact laws <the role of \nour lawmakers is to legislate, not to adjudicate>. 2. To \nbring (something) into or out of existence by making \nlaws; to attempt to control (something) by legisla\ntion <virtually every attempt to legislate morality has \nfailed>. \nlegislation. (17c) 1. The process ofmaking or enacting a \npositive law in written form, according to some type of \nformal procedure, by a branch of government consti\ntuted to perform this process. -Also termed lawmak\ning; statute-making. 2. The law so enacted. 3. The whole \nbody of enacted laws. \nancillary legislation. (1860) Legislation that is auxil\niary to principal legislation. antideficiency legislation. 1. Legislation enacted to \nprovide revenue to cover a budget deficiency. 2. Leg\nislation enacted to limit the rights of secured creditors \nto recover in excess ofthe security. -Also termed (in \nsense 2) antideficiency statute. \nbare-bones legislation. See skeletal legislation. \nclass legislation. See local and special legislation. \ngeneral legislation. (18c) Legislation that applies to the \ncommunity at large. [Cases: Statutes C=>68.] \njudicial legislation. (18c) The making ofnew legal rules \nby judges; JUDGE-MADE LAW (2). \n\"It has been said to be 'merely misleading' to speak of \njudicial legislation, and it must be admitted that to do \nso is to use highly metaphorical language. There is no \nequivalent to the authoritative text of a statute, and, even \nwhen they are not bound by a statute or indistinguish\nable precedent, the judges' power to innovate is limited \nby what they cannot consider as well as by what they must \nconsider. They cannot conduct those extensive examina\ntions of empirical data and considerations of social policy \nwhich precede, or should precede, much legislation.\" \nRupert Cross & JW. Harris, Precedent in English Law 34 \n(4th ed. 1 991). \nlocal and special legislation. (1853) Legislation that \naffects only a specific geographic area or a particular \nclass ofpersons . Such legislation is unconstitutional \nifit arbitrarily or capriciously distinguishes between \nmembers of the same class. -Also termed class leg\nislation. [Cases: Statutes C=>76-104.] \npork-barrel legislation. (1961) Legislation that favors \na particular local district by allocating funds or \nresources to projects (such as constructing a highway \nor a post office) ofeconomic value to the district and \nof political advantage to the district's legislator. \nskeletal legislation. Basic legislation that broadly states \nobjectives and standards rather than prescribing \nprecise and definite rules, usu. with the expectation \nthat it will be amplified by a body other than the leg\nislature . Administrative and regulatory agencies are \nusu. authorized to interpret the legislation and create \nrules and regulations for its application and enforce\nment. But the executive branch may also be called \nupon to flesh out the law. -Also termed skeleton \nlegislation; bare-bones legislation. \nsubordinate legislation. (18c) 1. Legislation that derives \nfrom any authority other than the sovereign power in \na state and that therefore depends for its continued \nexistence and validity on some superior or supreme \nauthority. 2. REGULATION (3). \nsupreme legislation. (17c) Legislation that derives \ndirectly from the supreme or sovereign power in a \nstate and is therefore incapable of being repealed, \nannulled, or controlled by any other legislative \nauthority. \n4. A proposed law being considered by a legislature \n<gun-control legislation was debated in the House>. \n5. The field ofstudy concentrating on statutes. \nlegislative, adj. Of or relating to lawmaking or to the \npower to enact laws. \n\nlegislative apportionment. See APPORTIONMENT (3). \nlegislative assembly. See LEGISLATURE. \nlegislative branch. (I8c) Ihe branch of government \nresponsible for enacting laws; LEGISLATURE. Cf. EXECU\nTIVE BRANCH; JUDICIAL BRANCH. \nlegislative committee. See COMMITTEE. \nlegislative"}
{"text": "IVE BRANCH; JUDICIAL BRANCH. \nlegislative committee. See COMMITTEE. \nlegislative council. 1. A state agency that studies legis\nlative problems and plans legislative strategy between \nregular legislative sessions. 2. In some English-speak\ning jurisdictions, the upper house of a legislature \n(corresponding to an American Senate). 3. In some \nEnglish-speaking jurisdictions, the lower house of a \nlegislature (corresponding to an American House of \nRepresentatives). \nlegislative counsel. (1839) A person or group charged \nwith helping legislators fulfill their legislative duties, \nsuch as by performing research, drafting bills, and the \nlike. \nlegislative court. See COURT. \nlegislative day. See DAY. \nlegislative district. See DISTRICT. \nlegislative districting. (1962) The process of dividing a \nstate into territorial districts to be represented in the \nstate or federal legislature. See APPORTIONMENT (3); \nREAPPORTIONMENT; GERRYMANDERING. Cf. MALAP\nPORTIONMENT. [Cases: States C=-27.] \nlegislative divorce. See DIVORCE. \nlegislative-equivalency doctrine. (2003) The rule that \na law should be amended or repealed only by the same \nprocedures that were used to enact it. [Cases: Statutes \n<:;:=:> 129, 149.J \nlegislative fact. See FACT. \nlegislative function. 1. The duty to determine legislative \npolicy. 2. The duty to form and determine future rights \nand duties. See LEGISLATIVE POWER. \nlegislative history. (1844) The background and events \nleading to the enactment of a statute, including \nhearings, committee reports, and floor debates. \nLegislative history is sometimes recorded so that it can \nlater be used to aid in interpreting the statute. [Cases: \nStatutes <:;:=:>216-217.4.] \nlegislative immunity. See IMMUNITY (1). \nlegislative intent. (1812) The design or plan that the leg\nislature had at the time ofenacting a statute. -Also \ntermed intention ofthe legislature; intent ofthe legisla\nture; congressional intent; parliamentary intent. [Cases: \nStatutes Cd181(1).] \n'The intention of the legislature is a common but very \nslippery phrase, which, popularly understood, may signify \nanything from intention embodied in positive enactment \nto speculative opinion as to what the legislature probably \nwould have meant. although there has been an omission \nto enact it. In a court of law or equity, what the legislature \nintended to be done or not to be done can only be legiti \nmately ascertained from that which it has chosen to enact, \neither in express words or by reasonable and necessary \nimplication.\" Saloman v. Saloman & Co., [1897] A.C. 22, at 38 (as quoted in Rupert Cross. Statutory Interpretation \n36-37 (1976)). \ndormant legislative intent. The intent that the legisla\nture would have had if a given ambiguity, inconsis\ntency, or omission had been called to the legislators' \nminds. -Sometimes shortened to dormant intent. \nAlso termed latent intent; latent intention. \nlegislative investigation. A formal inquiry conducted by \na legislative body incident to its legislative authority. \nA legislature has many of the same powers as a court \nto support a legislative inquiry, including the power to \nsubpoena and cross-examine a witness and to hold a \nwitness in contempt. [Cases: United States \nlegislative jurisdiction. See JURISDICTION. \nlegislative law. See STATUTORY LAW. \nlegislative officer. See OFFICER (1). \nlegislative power. (17c) Constitutional law. The power \nto make laws and to alter them; a legislative body's \nexclusive authority to make, amend, and repeal laws. \n_ Under federal law, this power is vested in Congress, \nconsisting of the House of Representatives and the \nSenate. A legislative body may delegate a portion of \nits lawmaking authority to agencies within the execu\ntive branch for purposes ofrulemaking and regulation. \nBut a legislative body may not delegate its authority to \nthe judicial branch, and the judicial branch may not \nencroach on legislative duties. [Cases: Separation of \nPowers <:;:=:>2340-2446.) \nlegislative privilege. See PRIVILEGE (1). \nLegislative Reference Service. Hist. See CONGRESSIONAL \nRESEARCH SERVICE. \nlegislative rule. An administrative rule created by an \nagency's exercise ofdelegated quasi-legislative authority . \n A legislative rule has the force oflaw. - Also termed \nsubstantive rule. Cf. INTERPRETATIVE RULE. [Cases: \nAdministrative Law and Procedure G--::-382.1.] \nlegislative veto. See VETO. \nlegislator, n. (17c) One who makes laws within a given \njurisdiction; a member of a legislative body. Also \ntermed lawmaker. -legislatorial (lej~is-l<l-tor-ee-dl), \nadj. \nlegislature. (l7c) The branch ofgovernment responsible \nfor making statutory laws. -The federal government \nand most states have bicameral legislatures, usu. con\nsisting of a house of representatives and a senate. \nAlso termed legislative assembly. Cf. EXECUTIVE (1); \nJl:DICIARY (1). [Cases: States <:;:=:>,24.] \nlegisperitus (lee-jis-per-<l-t;:>s), n. [Law Latin] Hist. A \nlawyer or advocate; one skilled in the law. Cf. )URIS\nPERITUS. \nlegisprudence (Iee-jis-proo-ddnts). (1950) The systematic \nanalysis of statutes within the framework of jurispru\ndential philosophies about the role and nature of law. \nlegist (lee-jist). 05c) 1. One learned or skilled in the law; \na lawyer. 2. JURIST. -Formerly also termed legister. \n\n984 legitim \nlegitim. Scots law. The right of any surviving lawful \nissue to share in the movable estate ofthe father. -The \nlegitim comprised third ofthe estate ifthere was a sur\nviving spouse, or one-half otherwise. Also termed \nthe bairn's part. Cf. LEGITIME. \nlegitimacy. (17c) 1. Lawfulness. 2. The status ofa person \nwho is born within a lawful marriage or who acquires \nthat status by later action of the parents; legal kinship \nbetween a child and its parent or parents. Cf. ILLEGITI\nMACY. [Cases: Children Out-of-Wedlock \n\"In this age of equality, the question might fairly be asked \nwhether a discussion of child support should even be con\ncerned about 'legitimacy' and 'illegitimacy.' The answer \nis 'yes,' for several reasons. Most rules regarding child \nsupport were fashioned at a time when legitimacy was the \nprecondition to full support entitlement and illegitimate \npaternity had only limited legal consequences. True, by U.S. \nSupreme Court doctrine, distinctions between 'legitimate' \nand 'illegitimate' children should no longer be maintain \nable, but many state statutes have not yet been adapted to \nthis view. Distinctions on the basis of legitimacy, however \nunconstitutional, continue to be made.\" Harry D. Krause, \nChild Support in AmericCl103 (1981). \nlegitimacy presumption. See PRESUMPTION OF PATER\nNITY. \nlegitima gubernatio (lCl-jit-;}-m;} g[y]oo-bClr-nay\nshee-oh). lLatin \"lawful government\"] See RECTA \nGUBERNATIO. \nlegitim a potestas (lCl-jit-a-mCl p;}-tes-t;}s or -tas). [Latin] \nScots law. The lawful power, esp. to dispose of one's \nproperty. Cf. LIEGE POUSTIE. \nlegitima remedia (b-jit-Cl-m;} ri-mee-dee-;}). [Law Latin] \nScots law. Lawful remedies. \nJegitima successio (la-jit-;}-mCl s;}k-ses-ee-oh). [Latin] \nScots law. Legal succession. \nlegitimate (IC1-jit-d-mdt), adj. (15c) 1. Complying with the \nlaw; lawful <a legitimate business>. 2. Genuine; valid \n<a legitimate complaint>. 3. Born of legally married \nparents <a legitimate child>. [Cases; Children Out-of\nWedlock (;::: 1.] \nlegitimate child. See CHILD. \nlegitimate heir. See HEIR (1). \nlegitimate portion. See LEGITIME. \nlegitimation, n. (l6c) 1. The act ofmaking something \nlawful; authorization. 2. The act or process ofauthori\ntatively declaring a person legitimate, esp. a child whose \nparentage has been unclear. [Cases: Children Out-of\nWedlock (;::;;-8.] 3. Rist. Proofofa person's identity and \noflegal permission to reside in a certain place or engage \nin a certain occupation. Cf. ADOPTION. -legitimate \n(l;}-jit-;}-mayt), vb. \nlegitimatio persubsequens matrimonium (la-jit-Cl-may\nshee-oh sdb-see-kwenz ma-tr;}-moh-nee-;}m), n. \n[Latin] legitimation ofa child born outside wedlock \nby the later marriage ofthe parents. \nlegitime (lej-;}-tim), n. Civil law. The part of a testa\ntor's property that his or her children (and occasion\nally other heirs) are legally entitled to regardless ofthe \nwill's terms. See La. Civ. Code art. 1494. -The legitime cannot be denied the children without legal cause. In \nRoman law, the amount of the legitime was one-fourth \nof the claimant's share on intestacy. Also spelled \n(esp. in Scotland) legitim. -Also termed legal portion; \nlegitimate portion; Jorced portion. SeeJorced heir under \nHEIR; (for Scots law) LEGITIM. Cf. PORTIO LEGITlMA. \nlCases; Wills (;::;;-11.] \nlegitimi heredes (l;}-jit-;}-mI ha-ree-deez), n. pl. [Latin] \nRoman law. Heirs on intestacy, as determined by \nthe Twelve Tables; specif., the Praetor's second rank \nof claimants to an intestate's estate, comprising the \nagnates of the Twelve Tables order and some others, \nsuch as the decedent's patron. See TWELVE TABLES. \nlegitimo modo (la-jit-a-m;} moh-doh). [Latin] Scots law. \nIn legal form. \nlegitimum tempus restitution;s (hHit-;)-mClm tem-p;}s \nres-ti-t[y]oo-shee-oh-nis). [Law Latin \"the legal period \nfor restitution\"] Rist. The time during which a claim \ncan be made for restitution. \nlegitimus (l;}-jit-;}-m;}s), adj. [Latin] Roman law. (Of a \nperson) legitimate; lawful. \nlegit vel non (lee-jit vel non). [Latin] Eccles. law. Does he \nread or not. -This was the formal question propounded \nby a secular comt to an ordinary (an ecclesiastical \nofficial) when an accused person claimed exemption \nfrom the court's jurisdiction by benefit ofclergy. Ifthe \nordinary found that the accused was entitled to exemp\ntion, he responded\" legit ut clericus,\" Of, \"he reads like \na clerk.\" See BENEFIT OF CLERGY. \nlego (Iee-goh), vb. [Latin] Roman law. I bequeath. This \nwas a common term for designating a legacy in a will. \nlegocentrism. See LEGAL CENTRALISM. \nlego-literary (lee-goh-lit-;}r-er-ee), adj. Rare. Of or \nrelating to law and literature. See LAW AND LITERA\nTURE. \nlegruita. See LAIRWITE. \nleguleian (leg-y;}-lee-dn), n. Rare. A pettifogging \nlawyer. -Also termed leguleius (leg-yoo-Iee-;:;s). \nleguleian, adj. \nLEIN. abbr. LAW ENFORCEMENT INFORMATION \nNETWORK. \nleipa (h-p;}), n. [Law Latin] Rist. A runaway or fugitive. \nleirwita. See LAIRWITE. \nLeistungsschutzrecht. [German] NEIGHBORING RIGHT. \nlemon law. (18c) 1. A statute deSigned to protect a \nconsumer who buys a substandard automobile, usu. \nby requiring the manufacturer or dealer either to \nreplace the vehicle or to refund the full purchase price. \n-Almost all states have lemon laws in effect. Also \ntermed lemon protection. [Cases; Antitrust and Trade \nRegulation (;::;;-206.]2. By extension, a statute deSigned \nto protect a consumer who buys any product ofinferior \nquality. Also termed (in sense 2) quality-oj-products \nlegislation. \nLemon test. (1971) A legal standard for judging the \nstate's violation ofthe Establishment Clause ofthe First \n\n985 \nAmendment.  1he Lemon test has most often been \nused in school-related cases. Itemploys a three-pronged \ntest to determine the state's action: (1) Does the state's \naction have a religious purpose? (2) Does the state's \naction have the primary effect of either promoting or \ninhibiting religion? (3) Does the state's action create an \n\"excessive entanglement\" between church and state? \nLemon v. Kurtzman, 403 U.S. 602, 91 S.Ct. 2105 (1971). \nIn recent years, the Court has not overturned Lemon \nbut has declined to apply it when deciding Establish\nment Clause cases. \nIe mort saisit Ie vi!doctrine (l;,) mor se-zee ld veef)."}
{"text": "use cases. \nIe mort saisit Ie vi!doctrine (l;,) mor se-zee ld veef). \n[French \"the dead seizes the living\") The principle \nrequiring that there be no gap in the posseSSion of a \nfreehold estate in land, so that legal title vests immedi\nately in the heirs upon the death of the person through \nwhom they claim title . The doctrine does not exclude \nunknown heirs or heirs absent at the date ofdeath. \nlend, vb. (bef. 12c) 1. To aHow the temporary use of \n(something), sometimes in exchange for compensa\ntion, on condition that the thing or its equivalent be \nreturned. 2. To provide (money) temporarily on condi\ntion ofrepayment, usu. with interest. (Cases: Contracts \n194.) \nlender. A person or entity from which something (esp. \nmoney) is borrowed. \nlending right. Copyright. The power of a copyright \nowner to control the use ofcopies of the work beyond \nthe first sale, when that use involves offering the copy \nto the public for temporary use with no consideration \nrequired. Lending rights are recognized among \nmembers of the European Union. [Cases: Copyrights \nand Intellectual Property~~38.5.) \nlend-lease. (1941) A mutually beneficial exchange made \nbetween friendly parties; esp., an arrangement made in \n1941, under the Lend-Lease Act, whereby U.S. destroy\ners were lent to Great Britain in exchange for Britain's \nleasing ofland to the United States for military bases. \nAlso termed lease-lend. \nlenient, adj. Tolerant; mild; merciful <lenient \nsentence>. \nlenient test. (1996) The principle that the attorney-client \nprivilege applicable to a document or other communi\ncation will be waived only by a knowing or intentional \ndisclosure, and will not usu. be waived by an inadver\ntent disclosure. Cf. strict test; Rydraflow test. [Cases: \nPrivileged Communications and Confidentiality \n168.] \nlenity (len-<l-tee). (16c) lne quality or condition ofbeing \nlenient; mercy or clemency. See RULE OF LENITY. \nlenity rule. See RULE OF LENITY. \nlenocinium (lee-noh-sin-ee-;,)m), n. [Latin \"pandering, \nbrothel-keeping\"] 1. Roman law. The crime of pros\ntituting for gain. 2. Roman & Scots law. A husband's \nscheming in his wife's adultery, as by encouraging \nanother man to seduce her.  The wife could assert lesion \nthis claim as a defense in a divorce action brought by \nthe husband. \nleodes (lee-oh-deez), n. [Law Latin] Hist. l. A vassal. 2. \nService to be provided to another. 3. Compensation to \nbe paid by one who killed or seriously injured a vassal, \ndivided among the sovereign, the vassal's lord, and the \nvassal's next ofkin; WERGILD. \nleonina societas (lee-<l-nI-n<l S;,)-sI-;,)-tas). See SOCIETAS \nLEONINA. \nleonine contract (lee-<l-nrn). See adhesion contract \nunder CONTRACT. \nleproso amovendo (lep-roh-soh ay-moh-ven-doh), n. \n[Latin \"for removing a leper\"J Rist. A writ to remove \na leper who participated in public gatherings, such as \nchurch or meetings. \nIe roy (br wah or 1;') roy), n. [Law Frenchl1he king. \nAlso spelled Ie roi. \nIe roy Ie veut (I;,)f wah l<l voo). [Law French] Hist. The king \n(or the queen) wills it.  This is the form of the king's or \nqueen's approval to a public bill passed by Parliament. \nFor a queen, the sentence is la reine Ie veut. \n\"If the king consents to a public bill, the clerk usually \ndeclares, 'Ie roy Ie veut, the king wills it so to be:' if to \na private bill, 'soit fait comme if est desire, be it as it is \ndesired.' If the king refuses his assent, it is in the gentle \nlanguage of 'ie roy s'avisera, the king will advise upon it.'\" \nI William Blackstone, Commentaries on the Laws ofEngiand \n184 (l765). \nIe roy remercie ses loyal sujets, accepte leur benevolence, \net ainsi Ie veut (1;,)[ wah rUll-mair-see say lWI-abl soo\nzhay, ak-sept luu[r) bay-nay-voh-Iawns, ay an-see I;') \nvuu). [Law French) Hist. The king thanks his loyal \nsubjects, accepts their benevolence, and therefore wills \nit to be so . This is a form of the royal assent to a bill \nofsupply, authorizing money for public purposes. For \na queen, the sentence was la reine remerde ses loyal \nsujets . ... \nIe roy s'avisera (l<lf wah sa-veez-rah). [Law French] The \nking will advise upon it . 'This is a form of the refusal \nof royal assent to a public bill in Parliament (not exer\ncised since 1713). It corresponds to the judicial phrase \ncuria advisari vult. For a queen, the sentence was la \nreine s'avisera. See CURIA ADVISARI VULT. \nlese majesty (leez maj-<ls-tee). [Law French \"injured \nmajesty\") (l6c) 1. A crime against the state, esp. against \nthe ruler. -Also termed laesa majestas; crimen laesae \nmajestatis; crimen majestatis. See crimen majestatis \nunder CRIMEN; high treason under TREASON. 2. An \nattack on a custom or traditional belief. -Also spelled \nlese-majeste; lese majesty; leze majesty. \nIesio enormis. See LAESIO ENORMIS. \nlesion (Iee-zh<ln). (l5c) L An injury or wOllnd; esp., an \narea ofwounded tissue. 2. Civil law. Loss from another's \nfailure to perform a contract; the injury suffered by one \nwho did not receive the equivalent value of what was \nbargained for. La. Civ. Code art. 2589. -Also spelled \n(in sense 2) lesion. [Cases: Vendor and Purchaser C=:> \n89.J 3. See LAESIO ENORMIS. \n\n986 lesion beyond moiety \n''The concept of lesion, unknown as such to the common \nlaw, may be defined as a detriment to one of the parties \nto a contract which results from an imbalance or dispar\nity between the performance promised on the two sides. \nDown through the ages, civilians have differed over \nwhether it gave the injured party a right of avoidance or \nrescission. Classical Roman law, designed for a society \nwhose members were strong enough to protect their \nown interests, denied the right, but by the time of the \nFrench Revolution the right had come to be recognized, \nparticularly by the canonists and Pothier. But the Revolu\ntion, both because of its emphasis on individual will and \nbecause of economic reasons, was hostile to the concept of \nlesion and the Civil Code provided that it did not affect the \nvalidity of a contract except in certain prescribed instances, \nmost notably the case of the vendor of real property. The \nnumber of exceptions was enlarged both by subsequent \nlegislation and, at least indirectly, by judicial decision, and \nthis raised a question of the reversal of the general prin\nciple that rejected the concept.\" Allan Farnsworth, \"The \nDevelopment of the Civil Law of Obligations in New States: \nSenegal, Madagascar, and Ethiopia,\" in Essays on the Civil \nLaw of Obligations 64 Uoseph Dainow ed., 1969). \nlesion beyond moiety. See LAESIO ENORMIS. \nless-developed country. See DEVELOPING COUNTRY. \nlessee (Ie-see). (lSc) One who has a possessory interest in \nreal or personal property under a lease; TENANT. [Cases: \nBailment ~1; Landlord and Tenant ~1.] \nlessee in the ordinary course ofbusiness. A person \nthat, in good faith and without knowledge that the \nlease is in violation ofa third party's ownership rights, \nsecurity interest, or leasehold interest, leases in the \nordinary course from a person in the business of \nselling or leasing goods ofthat kind. UCC  2A-102(a) \n(26). The UCC specifically excludes pawnbrokers \nfrom the definition. \nmerchant lessee. A lessee who is a merchant of goods \nsimilar to those being leased. UCC  2A-102(a)(3l). \nlessee's interest. The appraised value ofleased property \nfrom the lessee's perspective for purposes of assign\nment or sale . The value is usu. the property's market \nvalue minus the lessor's interest. Cf. LESSOR'S INTEREST. \n[Cases: Landlord and Tenant ~74.] \nlesser-evils defense. See DEFENSE (1). \nlesser included offense. See OFFENSE (1). \nlesser-interest clause. Oil & gas. A provision in an oil-\nand-gas lease allowing the lessee to reduce payments \nproportionately ifthe lessor turns out to own less than \n100% of the mineral interest. -Also termed propor\ntionate-reduction clause. [Cases: Mines and Minerals \n~79.3.] \nlesser offense. See lesser included offense under OFFENSE \n(1). \nless-lethal, n. Jargon. A weapon that inflicts pain or dis\ncomfort short ofdeath, as by firing bean bags or rubber \nbullets, or by discharging electromagnetic, acoustic, or \nother energy so that the target may be incapacitated but \nusu. not seriously injured. -Also termed less-lethal \nforce; nonlethal weapon; nondeadly weapon. \nless-lethal force. See LESS-LETHAL. lessor (les-or or le-sor). (14c) One who conveys real or \npersonal property by lease; esp., LANDLORD. [Cases: \nLandlord and Tenant ~1.] \nlessor of the plaintiff. Hist. The true party in interest \nprosecuting an action for ejectment . At common \nlaw, an ejectment action theoretically was only for the \nrecovery of the unexpired term of the lease. Conven\ntions ofpleadings at the time required the true plaintiff \nto grant a fictitious lease, thereby becoming a lessor, to \nan equally fictitious plaintiff in whose name the action \nwould be prosecuted. \nlessor's interest. (1821) The present value of the \nfuture income under a lease, plus the present value \nof the property after the lease expires. Cf. LESSEE'S \nINTEREST. \nlet, n. (l2c) An impediment or obstruction <free to act \nwithout let or hindrance>. \nlet, vb. (bef. 12c) 1. To allow or permit <the court, refusing \nto issue an injunction, let the nuisance continue>. 2. \nTo offer (property) for lease; to rent out <the hospital \nlet office space to several doctors>. [Cases: Landlord \nand Tenant ~20.] 3. To award (a contract), esp. after \nbids have been submitted <the federal agency let the \nproject to the lowest bidder>. [Cases: Public Contracts \n~11.] \nlethal, adj. (l6c) Deadly; fatal <a lethal drug>. \nlethal injection. (1898) An injection of a deadly sub\nstance into a prisoner in order to carry out a sentence \nofcapital punishment. \nlethal weapon. See deadly weapon under WEAPON. \nletter. (l3c) 1. A written communication that is usu. \nenclosed in an envelope, sealed, stamped, and delivered \n(esp., an official written communication) <an opinion \nletter>. 2. (usu. pI.) A written instrument containing \nor affirming a grant of some power or right <letters \ntestamentary>. [Cases: Executors and Administrators \n~27.] 3. Strict or literal meaning <the letter of the \nlaw>. This sense is based on the sense of a letter of \nthe alphabet. Cf. SPIRIT OF THE LAW. \nletter-book. A merchant's book for holding correspon\ndence. \nletter contract. See CONTRACT. \nletter missive. 1. Hist. A letter from the king (or queen) \nto the dean and chapter ofa cathedral, containing the \nname of the person whom the king wants elected as \nbishop. 2. Hist. After a lawsuit is filed against a peer, \npeeress, or lord of Parliament, a request sent to the \ndefendant to appear and answer the suit. 3. Civil law. \nThe appellate record sent by a lower court to a superior \ncourt. -Also termed letter dimissory. \nletter ofadvice. Commercial law. A notice that a draft has \nbeen sent by the drawer to the drawee. UCC  3-701. \nletter of advocation. Hist. Scots law. A warrant, issued \nby the Court of Session, discharging an inferior court \nfrom further proceedings in a matter and transferring \nthe action to the issuing superior court.  In a criminal \ncase, the High Court of Justiciary could issue a letter \n\n987 \nto call up a case for review from an inferior court. The i \nletter ofadvocation was abolished in 1868 and replaced \nby appeal. \nletter ofattorney. 1. See POWER OF ATTORNEY (1).2. See \nATTORNEY (1). \nletter of attornment. A grantor's letter to a tenant, \nstating that the leased property has been sold and \ndirecting the tenant to pay rent to the new owner. See \nATTORNMENT (1). \nletter ofcomfort. See COMFORT LETTER. \nletter ofcomment. See DEFICIENCY LETTER. \nletter ofcommitment. See COMMITMENT LETTER. \nletter ofcredence. Int'llaw. A document that accredits a \ndiplomat to the government ofthe country to which he \nor she is sent. -Abbr. LC; LIe. -Also termed letters \nofcredence. \nletter of credit. (17c) Commercial law. An instrument \nunder which the issuer (usu. a bank), at a customer's \nrequest, agrees"}
{"text": "Commercial law. An instrument \nunder which the issuer (usu. a bank), at a customer's \nrequest, agrees to honor a draft or other demand for \npayment made by a third party (the beneficiary), as \nlong as the draft or demand complies with specified \nconditions, and regardless of whether any underlying \nagreement between the customer and the beneficiary \nis satisfied . Letters of credit are governed by Article ! \n5ofthe VCe. Abbr. LC; Lie. Often shortened to \ncredit. -Also termed circular letter ofcredit; circular \nnote; bill of credit. [Cases: Banks and Banking (::::, \n191.] \n\"There is some confusion over the exact nature of credits. \nThey resemble a number of commercial devices that are \nnot credits. Often, there is confusion between letters of \ncredit and guaranties, and occasionally between letters of \ncredit and lines of credit. In the credit transaction itself, \nit is important to distinguish the credit from other con\ntracts and from the acceptance. Generally, the broad credit \ntransaction consists of three separate relationships. These \ninclude those that are (1) between the issuer and the ben\neficiary; (2) between the beneficiary and the account party. \nand (3) between the account party and the issuer. The first \nis the letter-of-credit engagement. The second is usually \ncalled the underlying contract, and the third is called the \napplication agreement.\" John F. Dolan, The Law of Letters \nof Credit ~ 2.01, at 2-2 (1984). \n\"A credit is an original undertaking by one party (the issuer) \nto substitute his financial strength for that of another (the \naccount party), with that undertaking to be triggered by the \npresentation of a draft or demand for payment and, often, \nother documents. The credit arises in a number of situa\ntions, but generally the account party seeks the strength of \nthe issuer's financial integrity or reputation so that a third \nparty (the beneficiary of the credit) will give value to the \naccount party.\" John F. Dolan, The Law of Letters ofCredit \n,; 2.02, at 2-3 (1984). \n\"A seller heSitates to give up possession of its goods \nbefore it is paid. But a buyer wishes to have control of the \ngoods before parting with its money. To relieve this simple \ntension, merchants developed the device known as the \n'letter of credit' or simply the 'credit' or the 'letter.' Today, \nletters of credit come in two broad varieties. The 'com\nmerciaI' letter dates back at least 700 years. It is a mode of \npayment in the purchase of goods, mostly in international \nsales. The 'standby' letter of credit is a much more recent \nmutant. It 'backs up' obligations in a myriad of settings. \nIn the most common standby a bank promises to pay a \ncreditor upon documentary certification of the applicant's letter of credit \ndefault.\" 3 James J. White & Robert 5. Summers, Uniform \nCommercial Code  26-1, at 105 (4th ed. 1995). \ndean letter ofcredit. A letter of credit that is payable \non its presentation . No document needs to be pre\nsented along with it. Also termed suicide letter of \ncredit. Cf. documentary letter ofcredit. \ncommercial letter ofcredit. A letter of credit used as \na method of payment in a sale of goods (esp. in an \ninternational transaction), with the buyer being the \nissuer's customer and the seller being the beneficiary, \nso that the seller can obtain payment directly from the \nissuer instead of from the buyer. \nconfirmed letter ofcredit. A letter ofcredit that directly \nobligates a financing agency (such as a bank) doing \nbusiness in the seller's financial market to a contract \nof sale. VCC  2-325(3). \ndocumentary letter ofcredit. A letter of credit that is \npayable when presented with another document, such \nas a certificate of title or invoice. Abbr. DUe. Cf. \nclean letter ofcredit. \nexport letter ofcredit. A commercial letter of credit \nissued by a foreign bank, at a foreign buyer's request, \nin favor of a domestic exporter. \ngeneral letter ofcredit. A letter of credit addressed to \nany and all persons without naming anyone in par\nticular. Cf. special letter ofcredit. \nguaranty letter ofcredit. See standby letter ofcredit. \nimport letter ofcredit. A commercial letter of credit \nissued by a domestic bank, at an importer's request, \nin favor of a foreign seller. \nirrevocable letter ofcredit (i-rev-,)-k,)-b,))). 1. A letter \nofcredit that the issuing bank guarantees will not be \nwithdrawn or canceled before the expiration date. 2. \nA letter of credit that cannot be modified or revoked \nwithout the customer's consent. 3. A letter of credit \nthat cannot be modified or canceled without the \nconsent of all parties. \nnegotiation letter ofcredit. A letter of credit in which \nthe issuer's engagement runs to drawers and indorsers \nunder a standard negotiation clause. \n\"Letter-of-credit law has long distinguished the straight \ncredit from the negotiation credit. The engagement of \nthe former runs to the beneficiary; the engagement of the \nlatter runs to 'drawers, endorsers, and bona fide holders.' \nThis quoted phrase is the traditional negotiation clause. \nThe significance of it is that it obviously extends the credit \nengagement to parties other than the person with whom \nthe account party is doing business.\" John F. Dolan, The \nLaw of Letters ofCredit ~ 8.02[6], at 8-11 (1984). \nopen letter ofcredit. A letter ofcredit that can be paid \non a simple draft without the need for documentary \ntitle. \nrevocable letter ofcredit (rev-,)-kd-b,)l). A letter of \ncredit in which the issuing bank reserves the right \nto cancel and withdraw from the transaction upon \nappropriate notice . The letter cannot be revoked \nif the credit has already been paid by a third party. \n[Cases: Banks and Banking (::::' 191.10.] \n\n988 letter of exchange \nrevolving letter ofcredit. A letter of credit that self\nrenews by providing for a continuing line of credit \nthat the beneficiary periodically draws on and the \nbank customer periodically repays . A revolving \nletter of credit is used when there will be multiple \ndrafts under a single transaction or multiple transac\ntions under a single credit. -Abbr. RUe. \nspecial letter ofcredit. A letter ofcredit addressed to a \nparticular individual, firm, or corporation. Cf. general \nletter ofcredit. \nstandby letter ofcredit. A letter ofcredit used to guar\nantee either a monetary or a nonmonetary obliga\ntion (such as the performance ofconstruction work), \nwhereby the issuing bank agrees to pay the beneficiary \nif the bank customer defaults on its obligation. -\nAbbr. SUe. -Also termed guaranty letter ofcredit. \n[Cases: Banks and Banking (;=J 191.10.] \nstraight letter ofcredit. A letter of credit requiring \nthat drafts drawn under it be presented to a speci\nfied party. \nsuicide letter ofcredit. See clean letter ofcredit. \ntime letter ofcredit. A letter of credit that is duly \nhonored by the issuer accepting drafts drawn under \nit. -Also termed acceptance credit; usance credit. \ntransferable letter ofcredit. A letter of credit that \nauthorizes the beneficiary to assign the right to draw \nunder it. [Cases: Banks and Banking (;=J 191.10.] \ntraveler's letter ofcredit. 1. A letter ofcredit addressed \nto a correspondent bank, from which one can draw \ncredit by identifying oneself as the person in whose \nfavor the credit is drawn. 2. A letter ofcredit used by \na person traveling abroad, by which the issuing bank \nauthorizes payment offunds to the holder in the local \ncurrency by a local bank. The holder signs a check \non the issuing bank, and the local bank forwards it \nto the issuing bank for its credit. \nletter of exchange. See DRAFT (1). \nletter ofintent. (1942) A written statement detailing the \npreliminary understanding ofparties who plan to enter \ninto a contract or some other agreement; a noncom\nmittal writing preliminary to a contract.  A letter of \nintent is not meant to be binding and does not hinder \nthe parties from bargaining with a third party. Business \npeople typically mean not to be bound by a letter of \nintent, and courts ordinarily do not enforce one; but \ncourts occasionally find that a commitment has been \nmade. -Abbr. LOL -Also termed memorandum of \nintent; memorandum of understanding; term sheet; \ncommitment letter. Cf. precontract under CONTRACT. \n[Cases: Contracts (;=J25.] \nletter of license. English law. An agreement signed by \nall the creditors ofa financially troubled business that \ndoes the following: (1) grants the debtor more time to \npay debts, (2) permits the debtor to continue business \nin the hope ofovercoming its financial distress, and (3) \nprotects the debtor from arrest, lawsuit, or other interference while the letter is in effect. See ARRANGEMENT \nWITH CREDITORS. \nletter of recall. 1. A document sent from one nation's \nexecutive to that of another, summoning a minister \nback to his or her own country. 2. A manufacturer's \nletter to a buyer of a particular product, asking the \nbuyer to bring the product back to the dealer for repair \nor replacement. -Also termed recall letter. \nletter of recredentials (ree-kr<:l-den-sh<:llz). A formal \nletter from a host country's diplomatic secretary ofstate \nto a minister or ambassador who has been recalled by \nhis or her own country . The letter officially accredits \nthe foreign minister back to his or her home country. \nletter of request. 1. A document issued by one court \nto a foreign court, requesting that the foreign court \n(1) take evidence from a specific person within the \nforeign jurisdiction or serve process on an individual \nor corporation within the foreign jurisdiction and (2) \nreturn the testimony or proof of service for use in a \npending case. See Fed. R. Civ. P. 28. -Also termed \nletter rogatory (rog-<:l-tor-ee); rogatory letter; requisitory \nletter (ri-kwiz-<:l-tor-ee). Cf. COMMISSION TO EXAMINE \nA WITNESS. [Cases: Federal Civil Procedure (;=J 1312.] \n2. An instrument by which an inferior court withdraws \nor waives jurisdiction so that a matter can be heard in \nthe court immediately above. Pl.letters ofrequest. \nletter ofthe law. (17c) The strictly literal meaning ofthe \nlaw, rather than the intention or policy behind it. \nAlso termed litera legis. Cf. SPIRIT OF THE LAW. [Cases: \nStatutes (;=J 189.] \nletter of undertaking. An agreement by which a ship\nowner -to avoid having creditors seize the ship and \nrelease it on bond -agrees to post security on the ship, \nand to enter an appearance, acknowledge ownership, \nand pay any final decree entered against the vessel \nwhether it is lost or not. A letter of undertaking is \noften issued by the shipowner's liability insurer. [Cases: \nAdmiralty (;=J57.] \n\"Such informal or extra-legal agreements save court costs \nand the marshal's fees, avoid the annoyance of having the \nvessel even temporarily arrested and may well be cheaper \nthan the usual surety bond .... In Continental Grain Co. v. \nFederal Barge Lines, Inc., [268 F.2d 240 (5th Cir. 1959), aff'd, \n364 U.S. 19, 80 S.Ct. 1470 (1960)], Judge Brown commented \nthat a letter of undertaking given by a shipowner would be \ntreated 'as though, upon the libel being filed, the vessel \nhad actually been seized, a claim filed, a stipulation to \nabide decrees with sureties executed and filed by claimant, \nand the vessel formally released. Any other course would \nimperil the desirable avoidance of needless cost, time and \ninconvenience to litigants, counsel, ships, clerks, marshals, \nkeepers and court personnel through the ready acceptance \nof such letters of undertakings.' [268 F.2d at 243]. If, as \nJudge Brown suggests, the informal agreement is treated \nas having the same effect as a formal release under bond \nor stipulation, few questions relating to their use will ever \nhave to be litigated.\" Grant Gilmore & Charles L. BlackJr., \nThe Law ofAdmiralty  9-89, at 80001 (2d ed. 1975). \nletter rogatory. See LETTER OF REQUEST. \nletter ruling. (1950) Tax. A written statement issued \nby the IRS to an inquiring taxpayer, explaining the \ntax implications of a particular transaction. -Also \n\n989 \ntermed private letter ruling. [Cases: Internal Revenue \n(;:=::> 3049.] \nletters. (16c) Wills & estates. A court order giving official \nauthority to a fiduciary to conduct appointed tasks. _ \nExamples are letters of administration, letters of con\nservatorship, letters of guardianship, and letters testa\nmentary. Unif. Probate Code  1-201(23). See LETTER \n(2). [Cases: Executors and Administrators \nGuardian and Ward C=>16.] \nletters ad colligendum bona defuncti (ad kol-a-jen-d<lm \nboh-n<l di-fungk-tI), n. [Law Latin] Hist. An authori\nzation from a judicial officer to an approved person to \ncollect and maintain the goods of a person who died \nintestate . These letters were issued only if no repre\nsentative or creditor existed to exercise this function. \nletters close. See LETTERS SECRET. \nletter security. See restricted security under SECURITY. \nletters of absolution. Hist. Letters issued by an abbot \nreleasing a member ofhis order from his vows of obedi\nence to that order, thus permitting entry into another \norder. \nletters of administration. (16c) A formal document \nissued by a probate court to appoint the administrator \nof an estate. Letters of administration originated in \nthe Probate ofTestaments Act of 1357 (31 Edw. 3, ch. 4), \nwhich provided that in case of intestacy the ordinary \n(a high-ranking ecclesiastical official within a terri\ntory) should depute the"}
{"text": "case of intestacy the ordinary \n(a high-ranking ecclesiastical official within a terri\ntory) should depute the decedent's closest friends to \nadminister the estate; a later statute, the Executors Act \nof 1529 (21 Hen. 8, ch. 4), authorized the ordinary to \ngrant administration to the surviving spouse, to next of \nkin, or to both of them jointly. Also termed admin\nistration letters. See ADMINISTRATION (4). Cf. LETTERS \nTESTAMENTARY. [Cases: Executors and Administra\ntors \nletters ofadministration c.t.a. (1894) Letters ofadmin\nistration appointing an administrator cum testamento \nannexo (with the will annexed) either because the will \ndoes not name an executor or because the named \nexecutor does not qualify. See administration cum \ntestamento annexo under ADMINISTRATlO~. \nletters of administration d.b.n. (1877) Letters of \nadministration appointing an administrator de \nbonis non (concerning goods not yet administered) \nbecause the named executor failed to complete the \nestate's probate. See administration de bonis non \nunder ADMINISTRATION. \nletters ofcredence. See LETTER OF CREDENCE. \nletters of guardianship. (I8c) A court order appoint\ning a guardian to care for the well-being, property, and \naffairs ofa minor or an incapacitated adult. -It defines \nthe scope of the guardian's rights and duties, includ\ning the extent ofcontrol over the ward's education and \nmedical issues. See GUARDIAN. [Cases: Guardian and \nWard 16.J \nletters ofhorning. Hist. Scots law. An execution process \nin which the creditor holding a decree obtained royal lettre de cachet \nletters commanding the debtor to either perform or be \noutlawed. See HORNING. \nletters ofmarque (mahrk). A license authorizing a private \ncitizen to engage in reprisals against citizens or vessels \nofanother nation . Congress has the exclusive power \nto grant letters ofmarque (U.S. Const. art. I,  8, d. II), \nbut it has done so only once since the 19th century. \nAlso termed letters ofmarque and reprisal. \n\"[FJormerly it was not uncommon for a state to issue \n'letters of marque' to one of its own subjects, who had met \nwith a denial ofjustice in another state, authorizing him to \nredress the wrong for himself by forcible action, such as \nthe seizure of the property of subjects of the delinquent \nstate.\" j.L. Brierly, The Law ofNations 321 (5th ed. 1955). \nletters ofsafe conduct. Hist. Formal written permission \nfrom the English sovereign to a citizen of a nation at \nwar with England, permitting that person to travel and \nship goods, to England or on the high seas, without \nrisk of seizure. _ Passports or licenses from foreign \nambassadors now may serve the same purpose. See \nSAFE CONDUCT. \nletters ofslains. Hist. Letters to the Crown from the rela\ntives of a slain person concurring with the offender's \napplication for a royal pardon . A pardon could not \nbe granted without the family's concurrence. -Also \nspelled letters ofslanes. \nletters patent. (15c) 1. Hist. A document granting some \nright or privilege, issued under governmental seal \nbut open to public inspection. Also termed Ii/erne \npatentes (lit-<lr-ee pJ-ten-teez). Cf. LETTERS SECRET. 2. \nA governmental grant of the exclusive right to use an \ninvention or deSign. -Also termed (in both senses) \npatent deed. See PATENT (2). [Cases: Patents \nletters rogatory. See LETTER OF REQUEST. \nletters secret. Hist. A governmental document that \nis issued to a private person, closed and sealed, and \nthus not made available for public inspection. -Also \ntermed letters close. Cf. LETTERS PATENT (1). \nletters testamentary. (17c) A probate-court order approv\ning the appointment ofan executor under a will and \nauthorizing the executor to administer the estate. Cf. \nLETTERS OF ADMINISTRATION. [Cases: Executors and \nAdministrators 32.] \nancillary letters testamentary. Letters testamentary \nissued at a place where the testator owned property \nbut did not have a domicile . The executor or admin\nistrator is not authorized to act outside the issuing \ncourt's territorial jurisdiction. [Cases: Executors and \nAdministrators (;:=::>518.] \ndomiciliary letters testamentary. Letters testamentary \nissued at the place where the testator was domiciled. \nletter stock. See restricted security under SECURITY. \nlettre (le-tr<l), n. [French \"letter\"] Hist. A formal instru\nment granting some authority. \nlettre de cachet (le-trJ d\" ka-shay). [French \"letter with \na seal\"] A royal warrant issued for the imprisonment \nof a person without trial. \n\n990 /euca \nleuca (loo-b), n. [Law Latin] Hist. 1. French law. A \nleague, consisting of 1,500 paces. 2. A league, consist\ning of 1,000 paces. 3. A privileged space of one mile \naround a monastery. \nlevance and couchance (lev-.mts / kow-chants). Hist. The \nstate or condition of being levant and couchant. See \nLEVANT AND COUCHANT. \nlevandae navis causa (la-van-dee nay-vis kaw-za), n. \n[Latin \"for the sake of lightening the ship\"] Maritime \nlaw. The practice of throwing goods overboard to \navoid total loss, entitling the owner to compensation \nfrom other participants in the maritime venture. See \nJETTISON; general average under AVERAGE. \nlevant and couchant (lev-ant / kow-chant), adj. [Law \nFr~nch couchant et levant \"lying down and rising up\"] \nHlst. (Of cattle and other beasts) trespassing on land \nfor a period long enough to have lain down to rest and \nrisen to feed (usu. at least one night and one day). \nThis period was the minimum required as grounds for \ndistraint. -Also termed couchant and levant. \nlevari facias (La-vair-I fay-shee-as). [Law Latin \"that \nyou cause to be levied\"] A writ ofexecution ordering a \nsheriff to seize a judgment debtor's goods and income \nfrom lands until the judgment debt is satisfied. This \nwrit is now used chiefly in Delaware. Cf. FIERI FACIAS. \nExecution C='15.] \nlevarifadas damna de disseisitoribus (la-vair-I fay\nshee-as dam-n.. dee dis-see-za-tor-a-bas), n. [Law \nLatin \"that you cause to be levied the damages from \nthe disseisors\"] Hist. A writ directing the sheriff to \nlevy property to pay damages owed to one wrongfully \ndispossessed ofa freehold estate. See DISSEISIN. \nlevari facias quando vicecomes returnavit quod non \nhabuit emptores (l,,-vair-I fay-shee-as kwon-doh VI\n~ee-koh-meez ree-t\"r-nay-vit kwod non hay-byoo\nIt emp-tor-eez), n. [Law Latin \"that you cause to be \nlevied when the sheriff has returned that it had no \nbuyers\"] Hist. A writ directing a sheriff, who had \nalready seized some of the debtor's property and \nfound it unsalable, to sell as much additional property \nas necessary to pay the entire debt. \nlevari facias residuum debiti (la-vair-I fay-shee-as \nri-zij-oo-am deb-a-tr), n. [Law Latin \"that you cause \nto be levied the rest ofthe debt\"] Hist. A writ directing \nthe sheriff to levy upon a debtor's lands or goods to \npay the remainder ofa partially satisfied debt. \nleva to velo (l..-vay-toh vee-loh). [Latin \"with the curtain \nraised\"] Roman law. The principle, applied to cases of \nwreck and salvage, and later to all maritime matters, \nthat cases should be heard in public.  Although com\n;nentators about the origin ofthe expression, \nIt probably refers to ace where causes were heard. \nA sail was spread b the door, and when the cases \nwere heard, the sail was raised, allowing the proceed\nmgs to be open to the public. \nlevee (lev-ee), n. (17c) 1. An embankment constructed \nalon~ the edge of a river to prevent flooding. 2. A \nlandmg place on a body of navigable water for loading and unloading goods or receiving and delivering pas\nsengers and boats. \nlevee district. See DISTRICT. \nlevee en masse. See LEVY EN MASSE. \nlevel of abstraction. Copyright. The degree to which a \nwork describes an idea or process in a general rather \nthan concrete way . Judge Learned Hand posited that \nfrom any work one can restate the idea in more and \nmore abstract ways, omitting more and more details, \nuntil one is left with an uncopyrightable idea rather \nthan a protectable work of Originality. See Nichols v. \nUniversal Pictures Corp., 45 P.2d 119 (1930). [Cases: \nCopyrights and Intellectual Property (;::>4.5.] \nlevel-premium insurance. See INSURANCE. \nlevel-rate legal-reserve policy. See INSURANCE POLICY. \nleverage, n. (1830) 1. Positional advantage; effectiveness. \n2. The use ofcredit or borrowed funds (such as buying \non margin) to improve one's speculative ability and to \nincrease an investment's rate of return. 3. The advan\ntage obtained from using credit or borrowed funds \nrather than equity capital. 4. The ratio between a cor\nporation's debt and its equity capital. -Also termed \nleverage ratio. 5. The effect of this ratio on common\nstock prices. \nleverage, vb. (1957) 1. To provide (a borrower or investor) \nwith credit or funds to improve speculative ability and \nto seek a high rate of return. 2. To supplement (avail\nable capital) with credit or outside funds. 3. To fund \n(a company) with debt as well as shareholder equity. \n4. Antitrust. To use power in one market to gain an \nunfair advantage in another market. 5. Insurance. To \nmanipulate two coverages, as by an insurer's withhold\ning settlement ofone claim to influence a claim arising \nunder another source ofcoverage. \nleverage contract. (1975) An agreement for the purchase \nor sale ofa contract for the future delivery ofa specified \ncommodity, usu. silver, gold, or another precious metal, \nin a standard unit and quantity, for a particular price, \nwith no right to a particular lot ofthe commodity . A \nleverage contract operates mucb like a futures contract, \nexcept that there is no deSignated contract market for \nleverage contracts. The market sets the uniform terms \nof a futures contract. But in a leverage contract, the \nindividual merchant sets the terms, does not guaran\ntee a repurchase market, and does not guarantee to \ncontinue serving or acting as the broker for the pur\nchaser. Leverage contracts are generally forbidden for \nagricultural commodities. 7 USCA  23(a). Cf. FUTURES \nCONTRACT. [Cases: Commodity Futures Trading Regu\nlation (;::> 10.] \nleveraged buyout. See BUYOUT. \nleveraged lease. See LEASE. \nleveraged recapitalization. See RECAPITALIZATION. \nleverage fund. See dual fund under MUTUAL FUND. \nleverage ratio. See LEVERAGE (4). \n\n991 lex AquiJia \nleveraging up. See leveraged recapitalization under \nRECAPITALIZATION. \nleviable (lev-ee-\"-b,,l), adj. 1. Able to be levied; assess\nable <the fine is leviable on each offense>. 2. Able to \nbe levied upon; seizable in execution of a judgment \n<leviable goods>. [Cases: Execution C=>20-58.] \nleviora delicta (lev-ee-or-;} d;}-lik-ta). [Latin \"the less \nserious delicts\"] Scots law. Lesser crimes (such as breach \nof the peace) that can be summarily tried. \nlevir (lee-v\"r), n. [Latin] Roman law. 1. A husband's \nbrother. 2. A wife's brother-in-law. \nlevis (lee-vis), adj. [Latin] Hist. Light; trifling. \nlevis culpa. See CULPA. \nlevis nota (lee-vis noh-t<l), n. [Latin] Hist. Slight mark \nor brand. \nlevissima culpa. See CULPA. \nLevitical degrees. See prohibited degree under DEGREE. \nlevy (lev-ee), n. (l3c) 1. The imposition of a fine or tax; \nthe fine or tax so imposed. -Also termed tax levy. \n[Cases: Taxation ~'2411.]2. The enlistment of soldiers \ninto the military; the soldiers so enlisted. 3. The legally \nsanctioned seizure and sale of property; the money \nobtained from such a sale. Also termed (in sense 3) \nlevy ofexecution. [Cases: Execution C=> 122-147.] \nwrongful levy. (18c) A levy on a third party's property \nthat is not subject to a writ of execution. [Cases: Exe\ncution (::::'459.] \nlevy, vb. (l4c) 1. To impose or assess (a fme or a tax) by \nlegal authority <levy a tax on gasoline>. 2. To enlist for \nservice in the military <the troops were quickly levied>. \n3. To declare or wage (a war) <the rival clans levied \nwar against each other>. 4. To take or seize property in \nexecution of a judgment <the judgment creditor may \nlevy on the debtor's assets>. [Cases: Execution C=> \n122-147.] \nlevy court. See COURT. \nlevy en masse. A large conscription or mobilization of \ntroops, esp. in response to a threatened invasion. \nAlso spelled"}
{"text": "en masse. A large conscription or mobilization of \ntroops, esp. in response to a threatened invasion. \nAlso spelled levee en masse; levy in mass. \nlevy of execution. See LEVY (3). \nlewd, adj. (l4c) Obscene or indecent; tending to moral \nimpurity or wantonness <lewd behavior>. \nlewd and lascivious cohabitation. See illicit cohabitation \nunder COHABITATION. \nlewd house. See DISORDERLY HOUSE (2). \nlewdness. (l6c) Gross, wanton, and public indecency that \nis outlawed by many state statutes; a sexual act that \nthe actor knows will likely be observed by someone \nwho will be affronted or alarmed by it. See Model \nPenal Code  251.1. -Also termed open lewdness. Cf. \nINDECENT EXPOSURE; OBSCENITY. [Cases: Lewdness \n1; Obscenity C=> 1.1.] \nlex (leks), n. [Latin \"law\"] 1. Law, esp. statutory law. \n2. Positive law, as opposed to natural law. _ Strictly \nspeaking, lex is a statute, whereas jus is law in general (as well as a right). 3. A system or body oflaws, written \nor unwritten, that are peculiar to a jurisdiction or to \na field of human activity. 4. A collection of uncodi\nfied laws within a jurisdiction. 5. LEX PUBLICA. 6. LEX \nPRIVATA. 7. Civil law. A legislative bill. PI. leges (lee\njeez). Ct: JUS. 8. The acquisition ofproperty under some \nspecific law, when the property is made over by a mag\nistrate to the claimant. 9. A term of a contract, treaty, \nor other agreement. \nlex actus (leks ak-t;:ls). See LEX LOCI ACTUS. \nlex Aebutia (leks i-byoo-shee-;:l). [Latin] Roman law. A \nstatute that introduced simplified forms of pleading \nand procedure. _ This was probably enacted in the later \npart ofthe second century B.C. See lex Julia judiciorum \npublicorum under LEX JULIA. \nlex Aelia Sentia (leks ee-lee-;:l sen-tee-;:l). Roman law. A \nlaw that set minimum age requirements for an owner \nand a slave in a valid manumission, voided manum is\nsions made to defraud creditors, and created the status \nofdediticii for some manumitted slaves, esp. criminals. \nSee DEDITICII; LATINI JUNIANI. \nlex aeterna (leks ee-lar-n;:l). [Latin] Eternal law. See \nNATURAL LAW (1). \nlex Anastasiana (leks an-<l-stay-shee-ay-n;:l). [Latin] \nRoman law. 1. A law establishing that emancipated \nbrothers and sisters receive an intestate inheritance \nequal to those not emancipated. See AGNATI. 2. A law \nproviding that a person purchasing a debt from the \noriginal creditor for less than its nominal value was \nnot entitled to recover from the debtor more than the \namount paid with lawful interest. \nlex Angliae (leks ang-glee-ee), n. [Latin] Hist. The law of \nEngland; the common law. \nlex annua. See edictum perpetuum under EDICTUM. \nlex apparens (leks ;:l-par-enz), n. [Law Latin \"apparent \nlaw\") Hist.The legal processes of trial by ordeal or \nwager of battle. _ The plaintiff could not summon the \ndefendant for trial by these processes before establish\ning a clear or apparent right through testimony. See \nORDEAL. \nlex Apuleia (leks ap-y;:l-lee-;:l). [Latin] Roman law. A \nlaw giving a coguarantor, who had paid more than \nthe proper share of debt, an action of reimbursement \nagainst the remaining guarantors. Also spelled lex \nAppuleia. \nlex Aquilia (leks <l-kwil-ee-<l). [Latin \"Aquilian law\"] \nRoman law. A Roman statute imposing liability for \npecuniary loss tortiously caused and generally regu\nlating loss caused by damage to property, including \ncompensation to be paid for injury to another's slave \nor livestock. - A loss had to be financially measurable \nand caused wrongfully. Ifthe liable party denied liabil\nity, then damages were doubled. This law applied to \nnegligence as well as dolus. The law, enacted around \n287 B.C., superseded the earlier provisions of the Twelve \nTables. Also termed Aquilian law. See DAMNUM \n\n992 lex Atilia \nI:-.!1URIA DAT[;M; DOLUS. See actio legis Aquiliae under \nACTIO. \nlex Atilia (leks d-til-ee-d). [Latin] Roman law. A law \ngranting to magistrates the right to appoint guardians. \n The law is named after the person who proposed it, \nperhaps the tribune L. Atilius Regulus. It was enacted \nabout 210 B.C. Also termed Atilian law. \nlex Atinia (leks Cl-tin-ee-Cl). [Latin] Roman law. A law \ndeclaring that a prescriptive right cannot be acquired \nin stolen property. It was enacted in the late third or \nearly second century B.C. Also termed Atinian law. \nlex Baiuvariorum (leks baY-d-vair-ee-or-Clm). [Latin] \nHist. The law of Bavaria, a barbarian nation in the \nEarly Middle Ages, first collected (together with the \nlaw of the Franks and Alemanni) by Theodoric (ca. \n454-526), and finally completed and promulgated by \nDagobert (ca. 612-639). Also termed lex Baioriorum; \nlex Boiorum. \nlex barbara (leks bahr-bd-rd). [Latin] Roman law. The \nlaw ofbarbarian nations, i.e., those that were not subject \nto the Roman Empire. \nlex Boiorum. See LEX BAIUVARIORUM. \nlex Brehonia (leks bri-hoh-nee-d), n. [Law Latin] Hist. \nThe Brehon or Irish law. \nlex Bretoisa (leks bre-toy-sd), n. [Latin] Hist. The law of \nancient Britons; the law of Marches of Wales. \nlex Burgundionum (leks bdr-g;m-dee-oh-ndm), n. [Law \nLatinJ Hist. The law ofthe Burgundians, first published \nabout A.D. 495. \nlex Calpurnia (leks kal-par-nee-d). [Latin] Roman law. \nA law extending the lex Silia by establishing procedures \nto recover goods other than money. This affected the \nactiones legiS. See LEX SILlA; LEGIS ACTIO. \nlex Canuleia (leks kan-yoo-Iee-d). [Latin] Roman law. \nA law of445 B.C. granting plebeians the right to marry \npatricians. \nlex causae (leks kaw-zee). [Latin] The legal system that \ngoverns a dispute. \nlex centuriata (Iee-jeez sen-tyoor-ee-ay-tee). [Latin] \nRoman law. A law passed in the comitia centuriata. \nPI. leges centuriatae. See comitia centuriata under \nCOMITIA. \nlex Cincia (leks sin-shee-a). [Latin] Roman law. A law of \n204 B.C. prohibiting certain types of gifts and all gifts \nor donations of property beyond a certain measure, \nexcept to a near relative. \nlex Claudia (leks klaw-dee-<l). [Latin] Roman law. A \nlaw that abolished the ancient guardianship of adult \nwomen by their male agnate relatives. -This became \neffective in the first century A.D. Also termed lex \nClaudia de tutela. \nlex comitatus (leks kom-<l-tay-t<ls), n. [Law Latin] Hist. \nThe law of the county; the law administered in the \ncounty court before the earl and his deputies. \nlex commercii (leks b-mar-shee-I), n. [Latin] The law of \nbusiness or commerce; commercial law. -Also termed lex commissoria (leks kom-<l-sor-ee-a). See LEX COM\nMISSORIA. \nlex commissoria (leks kom-i-sor-ee-a). [Latin \"forfeiture \nclause\" or \"cancellation clause\"] Roman law. 1. A term \nin a contract of sale allowing the seller to rescind the \nsale if the price was not paid by the agreed time. 2. A \nclause by which, in a pledge agreement, a debtor and \ncreditor could agree that if the debtor fails to timely \npay the debt, the creditor obtains absolute title of the \npledged property. \n\"By the lex commissoria at Rome, the debtor and creditor \nmight agree that if the debtor did not pay at the day, \nthe pledge should become the absolute property of the \ncreditor. But a law of Constantine abolished this power, as \nunjust and oppressive, and having a growing asperity in \npractice.\" 2 James Kent, Commentaries on American Law \n*583 (George Comstock ed., 11th ed. 1866). \n3. An agreement in which such a failure-to-timely-pay \nclause appears. -Also written commissoria lex. 3. LEX \nCOMMERCII. \n\"But the position of the seller was a good deal more \nawkward, especially if he had sold a unique object, such \nas a piece of land, for, apart from express agreement, \nhe would have to retain the land or other object in case \nthe buyer later came along with the price and demanded \ndelivery. The difficulty could be avoided by the insertion of \na term known as lex commissoria, which gave the seller an \noption of declaring the contract at an end if the buyer did \nnot pay within the agreed time. This term probably became \ncommon form in Roman law, but was never implied. It \nalways had to be expressly inserted in the contract .... \nNot until the time of Lord Mansfield was a similar develop\nment complete in English law, though in the end we carried \nit much further than the Romans.\" W.w. Buckland & Arnold \nD. McNair, Roman Law & Common Law: A Comparison in \nOutline 231 (F.H. Lawson ed., 2d ed. 1952). \nlex communis (leks b-myoo-nis), n. [Latin] The \ncommon law. See JUS COMMUNE. \nlex contractus (leks k<3n-trak-tds). See LEX LOCI CON\nTRACTUS. \nlex Cornelia (leks kor-nee-Iee-a or kor-neel-ya). [Latin] \nRoman law. One ofseveral laws passed by the dictator \nL. Cornelius Sulla in 82-81 B.C. -Also termed Car\nnelian law. \nlex Cornelia de edictis (leks kor-nee-lee-<l dee ee-dik\ntClS). See lex Cornelia de jurisdictione. \nlex Cornelia de falsis (leks kor-nee-Iee-<3 dee fal-soh \nor fawl-sis). [Latin] Roman law. See lex cornelia \nnummaria testamentaria. \nlex Cornelia de injuriis (leks kor-nee-lee-<l dee in\njoor-ee-is). [Latin] Roman law. The Cornelian law \nproviding a civil action for the recovery ofa penalty in \ncertain cases ofbodily injury and violent invasion of \nproperty. The precise boundary between the crime \nand the delict is not clear. But the two procedures \nprobably existed side by side. \n\"Lex Cornelia de iniuriis .... Punished three kinds of \ninjury committed by violence: pu/sare (beating), verber\naYe (striking, causing pains) and domum introire (forcible \ninvasion of another's domicile).\" Adolf Berger, Encyclopedic \nDictionary of Roman Law 549 (1953). \n\n993 lex generalis \nlex Cornelia de jurisdictione (leks kor-nee-lee-;l dee \nioor-is-dik-shee-oh-nee). [Latin] Roman law. The law \nforbidding a praetor from departing, during his term \nof office, from the edict he had promulgated at the \nterm's commencement.  It did not, however, forbid \nthe offer ofnew remedies. -Also termed lex Cornelia \nde edictis. \nlex Cornelia de sicariis et veneficis (leks kor-nee-Iee-;l \ndee si-kair-ee-is et v;l-nee-f;l-sis). [Latin] Roman law. \nA law combining jurisdiction over gangster-type \nkillings and poisoning, or attempts at such crimes, \nand addressing the bringing of false witness and \nbribery of a judge or juror, if those actions brought \nabout a person's death. The statute was soon \nextended to cover murder generally when commit\nted within or close to Rome. Emperor Antoninus Pius \nadded a provision for murder to include a slave owner \nwho deliberately killed his own slave. \nlex Cornelia de sponsu (leks kor-nee-Jee-a dee \nspon-s[y]oo). [Latin] Roman law. A law prohibiting \na person from acting as surety for the same debtor to \nthe same creditor in the same year for more than a \nspecified amount. \nlex Cornelia nummaria testamentaria (leks kor-nee\nlee-;l n;l-mair-ee-<1 tes-t<l-men-tair-ee-;l). Roman \nlaw. A statute making forgery (jalsum) a crime, \nand creating a special court to try forgery cases . \nUntil the later Roman Empire,Jalsum included both \ncoining and document forgery. Also termed lex \nCornelia de falsis (leks kor-nee-Iee-;l dee fal-soh or \nfawl-sis). See FALSUM (2). \n\"It is not absolutely clear whether Sulla passed two laws, \none on forging wills and the other on forging money, or \nwhether the one lex Cornelia nummaria testamentaria \nprovided for both sorts of offence to be heard by the \nquaestio de (alsis which it created.\" O. t. Professor Robinson, \nThe Criminal Law ofAncient Rome 36 (1995). \nlex curiata (lex kyoor-ee-ay-t;l)."}
{"text": "Ancient Rome 36 (1995). \nlex curiata (lex kyoor-ee-ay-t;l). (Latin] Roman law. \nLaws passed in the comitia curiata. PL leges curiatae \n(lee-jeez kyoor-ee-ay-tee). See comitia curiata under \nCOMITIA. \nlex Danorum (leks dan-or-;lm). See DANELAW. \nlex delicti (leks d;l-lik-tr). See LEX LOCI DELICTI. \nlex deraisnia (leks d;l-rayn-ee-<:l), n. [Law Latin] Hist. A \nlaw by which a party denies an accusation, showing it \nto be against reason or probability. \nlex de responsis prudentium (leks dee ri-spon-sis proo\nden-shee-;lm). [Latin \"law on the replies of the juris\nprudents\"] See CITATIONS, LAW OF. \nlex domicilii (leks dom-;l-sil-ee-r). [Latin] (18c) 1. The \nlaw of the country where a person is domiciled. 2. \nThe determination of a person's rights by establishing \nwhere, in law, that person is domiciled. See Restatement \n(Second) ofConflict of Laws  11 et seq. (1971). \nLex Duodecim Tahularum (leks d[y]oo-<I-des-;lm tab-\ny;l-lair-;lm). See TWELVE TABLES. lex et consuetudo parliamenti (leks et kon-Sw;l-t[y] \noo-doh parl-[y];l-men-tI), n. [Latin] Hist. The law and \ncustom (or usage) of Parliament. \nlex et consuetudo regni (leks et kon-sw;l-t[y]oo-do \nreg-nr), n. [Latin] Hist. The law and custom of the \nrealm; the common law. \nlex Fabia de plagiariis (leks fay-bee-a dee plaj-ee-air\nee-;ls), n. [Latin] Hist. A law directed against kidnap\nping and harboring ofslaves. \nlex Falcidia (leks fal-sid-ee-;l). See FALClDIAN LAW. \nlex feud; (leks fyoo-dl). [Law Latin] Scots law. The law of \nthe feu; the law pertaining to feudal title. \nlex fori (leks for-I). [Latin] (1803) 'The law of the forum; \nthe law of the jurisdiction where the case is pending \n<the lex fori governs whether the death penalty is a \npossible punishment for a first-degree-murder convic\ntion>. -Also termed lex ordinandi. Cf. LEX LOCI (1). \n[Cases: Action 17.] \nlex Francorum (leks frang-kor-;lm), n. [Law Latin] The \nlaw of the Franks, promulgated by Theodoric I, son of \nClovis I, at the same time as the law of Alemanni and \nBavaria. \nlex Frisionum (leks frizh-ee-oh-n;lm), n. [Law Latin] \nThe law of the Frisians, promulgated in the middle of \nthe eighth century. \nlex Fufia Caninia (leks foof-ee-;l k;l-nI-nee-;l). [Latin] \nRoman law. A law prohibiting owners from freeing \nby will more than a certain number or proportion of \ntheir slaves . Justinian later abrogated this law. -Also \ntermed lex Fufia Caninia; Fufian Can in ian law; Fufian \nCaninian law. \nlex Furia testamentaria (leks fyoor-ee-;l tes-t;l-men\ntair-ee-;l. [Latin] Roman law. A law prohibiting a \ntestator from bequeathing more than 1,000 asses (Le., \n722 pounds) of copper or the equivalent. This law, \ndating from the middle of the republic, was one of the \nfirst to restrict legacies. It was passed between 204 and \n169 B.C. \n\"The lex Furia . .. provided that no one except [close] rela \ntives ... should take by will or gift in view of death more \nthan 1000 asses [copper coins). It did not rescind the dis\npOSition, but enacted a penalty offour times the amount, \nrecoverable by a stringent procedure from anyone who \ntook such a legacy or gift, contrary to the law, But this \nlaw left it open to a testator to leave nothing to the heir, \nsupposing he made a sufficient number of legatees up to \nthe statutable limit,\" 1 Henry John Roby, Roman Private \nLaw 344-45 (1902). \nlex Fusia Caninia. See LEX FUFIA CANINIA. \nlex Gahinia (leks g<l-bin-ee-;l). [Latin] Roman law. A \nlaw introducing popular election by secret ballot.  \nSecret ballots were also used in judicial meetings. \nAlso termed lex Gabinia tabellaria (leks g;l-bin-ee-;l \ntab-<I-lair-ee-<:l). \nlex generalis (leks jen-;l-ray-lis). A law of general appli\ni cation, as opposed to one that affects only a particular \n' person or a small group ofpeople. \n\n994 lex Genucia \nlex Genucia (leks jd-n[y]oo-shee-d). [Latin] Roman law. \nA law prohibiting the charging of interest on loans \nbetween Roman citizens . The statute was proposed \nin the 4th century B.C., but it is uncertain when, ifever, \nit was enacted. Ifenacted, it was not enforced. \nlex Gothica (leks goth-ik-d), n. [Law Latin] Hist. The law \nof the Goths. It was first promulgated in writing in \nA.D. 466. \nlex Horatia Valeria. See LEX VALERIA HORATIA. \nlex Hortensia (leks hor-ten-s[h]ee-d). [Latin] Roman \nlaw. A law extending to the plebeians full participa\ntion in public laws ofgovernment and worship; specif., \nan important constitutional law that made laws passed \nby the assemblies of the common people (the plebeians) \nbinding on all citizens . Previously, plebeian assem\nblies could not bind the patrician class. This statute put \nenactments ofthe concilium plebis on the same footing \nas leges. See JUS PUBLICUM; JUS SACRUM. \nlex Hostilia de furtis (leks hos-til-ee-d dee f<lr-tis). [Latin] \nRoman law. A law of the early Republic providing that \nthe state could prosecute a person for theft on behalf of \nan owner when the owner was captive or abroad . This \naffected the actiones legis. See LEGIS ACTIO. \nlexical definition. See DEFINITION. \nlex imperatoria (leks im-pdr-d-tor-ee-d). [Latin] \nImperial law. \nlex incorporation is. [Latin] The law of the state where \nincorporation takes place. See INTERNAL-AFFAIRS \nDOCTRINE. \nLEXIS (lek-sis). A proprietary online computer service \nthat provides access to databases oflegal information, \nincluding federal and state caselaw, statutes, and sec\nondary materials. \nlex judicialis (leks joo-dish-ee-ay-lis), n. [Latin \"judicial \nlaw\"] An ordeal. See ORDEAL. \nlex Julia (leks joo-Iee-d). [Latin] Roman law. One of \nseveral Roman statutes dating from the reign of the \nEmperor Augustus (27 B.C.-A.D. 14) or sometimes from \nJulius Caesar (47-44 B.C.). \nlex Julia de adulteriis coercerendis (leks joo-Iee-d dee \nd-ddl-tJr-ee-is koh-dr-sd-ren-dds). [Latin] Roman law. \nA statute of 18 B.C. making adultery a public crime, \njusticiable before a quaestio perpetua. -Sometimes \nshortened to lex Julia de adulteriis. \nlex Julia de ambitu (leks joo-lee-d dee am-bi-t[y]oo). \n[Latin] Roman law. A law of 18 B.C. discouraging elec\ntoral corruption by a would-be magistrate. \nlex Julia de annona (leks joo-lee-d dee d-noh-nd). \n[Latin] Roman law. A law against business combina\ntions that negatively affected the grain supply, esp. \nattempts to raise the price ofcorn. \nlex Julia de cessione bonorum (leks joo-Iee-d dee \nses[h]-ee-oh-nee bd-nor-dm). [Latin] Roman law. \nA law governing bankruptcies allowing a debtor to \navoid further adverse action by ceding all the debtor's \nproperty to the creditors. lex Julia de majestate (leks joo-Iee-d dee maj-d-stay\ntee. [Latin] Roman law. A treason law imposing \ncapital punishment on a person acting against the \nemperor or state . Enacted about 8 B.C., this was the \nlast specific law on treason. \nlex Julia de maritandis ordinibus (leks joo-Iee-d dee \nmar-d-tan-dis or-din-d-bds). [Latin] Roman law. \nA law regulating marriages, imposing a duty to be \nmarried on all men between 25 and 60, and on all \nwomen between 20 and 50, and forbidding mar\nriages between senators and freedwomen, and for\nbidding senators and all other freeborn citizens from \nmarrying actresses, prostitutes, and the like . This \n18 B.C. statute is usu. considered as one law with the \nlex Papia Poppea of A.D. 9, which exempted women \nwith three children or more from being placed under \nguardianship. \nlex Julia de peculatu (leks joo-Iee-d dee pek-yd-Iay\nt[y]oo). [Latin] Roman law. A law punishing the \nembezzlement ofpublic monies . Originally a mag\nistrate determined the punishment. The same court \nhad jurisdiction for transgressions under lex Julia \nde residius and for sacrilege, the wrongful taking of \nmoney dedicated to sacred or religious purposes. See \nlex Julia de residuis. \nlex Julia de residuis (leks joo-Iee-d dee ri-zij-oo-is). \n[Latin] Roman law. A law punishing persons who \ncould not account for public money lawfully in their \ncharge. See lex Julia de peculatu. \nlex Julia judiciorum privatorum (leks joo-Iee-d joo\ndish-ee-or-dm prr-vd-tor-dm). See lex Julia judicio\nrum publicorum. \nlex Julia judiciorum publicorum (leks joo-Iee-d joo\ndish-ee-or-dm pd-bli-kor-dm). [Latin] Roman law. \nAn Augustan law that, with the lex Julia judicio rum \nprivatorum, reformed various aspects of civil proce\ndure. The two laws are often referred to together \nas leges Juliae, or duae Juliae. Together with the lex \nAebutia, the leges Julia largely abolished the legis \nactiones, the ancient form of Roman civil procedure \nthat relied on fixed oral forms. \nlex Junia Norbana (leks joo-nee-d nor-bay-nd). [Latin] \nRoman law. A law creating the status of Junian Latin \nfor informally manumitted slaves. -Often shortened \nto lex Junia. See LATINI JUNIANI. \n\"After the lex Junia Norbana, we find the following classes \nof persons, under the division of the law of persons into \nfree men or slaves: 1. Ingenui, or persons born free. 2. Lib\nertini . .. ex-slaves who, on gaining their freedom, became \ncives. 3. Latini Juniani ... ex-slaves who, on manumission \nand by reason of some defect therein, became something \nshort of full citizens. 4. Dediticii .... 5. Slaves proper.\" \nR.w. Leage, Roman Private Law 70 (C.H. Ziegler ed., 2d \ned. 1930). \nlex Junia Velleia (leks joo-nee-d vd-Iee-Yd). [Latin] \nRoman law. A law providing that certain kinds of \ndescendants must be treated as posthumously born \nchildren ofa decedent for purposes of heirship. This \nprobably was enacted in A.D. 26. \n\n995 lex posterior derogat priori \nlex Kantiae (leks kan-shee-ee). [Law Latin] Hist. A body \nofcustoms, mainly concerning land tenure, prevailing \nin Kent during the time ofEdward 1. \nlex Langobardorum. See LEX LONGOBARDORUM. \nlex ligeantiae (leks lij-ee-an-shee-ee). [Law Latin] The \nlaw ofthe country to which a person owes national alle\ngiance. Some jurists have thought that this law ought \nto decide many of the questions that have usu. been \ndetermined by the lex domicilii. \nlex loci (leks loh-51). [Latin] (I8c) 1. The law ofthe place; \nlocal law. Cf. LEX FORI. 2. LEX LOCI CONTRACTUS. \nlex loci actus (leks lob-sr ak-t;:Js). [Law Latin] Ihe law of \nthe place where an act is done or a transaction is com\npleted. Otten shortened to lex actus. \nlex loci celebrationis (leks lob-s1 sel-;:J-bray-shee-oh-nis). \n[Latin \"law of the place of the ceremony\"] The law of \nthe place where a contract, esp. ofmarriage, is made . \nThis law usu. governs when the validity of a marriage \nis at issue. Restatement (Second) of Conflict of Laws \n 283(2) (1971). \nlex loci contractus (leks loh-51 bn-trak-tas). [Latin] The \nlaw of the place where a contract is executed or to be \nperformed. Lex loci contractus is often the proper \nlaw by which to decide contractual disputes. Often \nshortened to lex loci; lex contractus. [Cases: Contracts \n(;::::> 144.] \n\"The lex loci contractus controls the nature, construction,"}
{"text": "ases: Contracts \n(;::::> 144.] \n\"The lex loci contractus controls the nature, construction, \nand validity of the contract; and on this broad foundation \nthe law of contracts, founded on necessity and commercial \nconvenience, is said to have been originally established. If \nthe rule were otherwise, the citizens of one country could \nnot safely contract, or carryon commerce, in the territories \nof another.\" 2 James Kent, Commentaries on American Law \n*454 (George Comstock ed., 11 th ed. 1866). \nlex loci delicti (leks lob-51 d<l-lik-tI). [Latin] The law of \nthe place where the tort or other wrong was commit\nted. -Often shortened to lex delicti. -Also termed \nlex loci delictus; lex loci delicti commissi; place-oj-wrong \nrule; place-oj-wrong law. Cf. LOCUS DELICTI, [Cases: \nTorts (;::::> 103.] \nlex loci rei sitae (leks lob-sl ree-1 sl-tee). [Latin] LEX \nSITUS. \nlex loci solutionis (leks loh-si s;:J-Ioo-shee-oh-nis). [Latin \n\"law ofthe place of solution\"] The law ofthe place where \na contract is to be performed (esp. by payment). -\nOtten shortened to lex solutionis. \nlex Longobardorum (leks long-goh-bahr-dor-<lm). \n[Latin \"law of the Lombards\"] Hist. An ancient legal \ncode developed between the fifth and eighth centu\nries, in force until the reign of Charlemagne; the laws \nof the Lombards, seen cumulatively from the Edict of \nRothari in A.D. 643, and added to by Liutprand . It was \na subject of study in the early law school at Pavia. \nAlso spelled lex Langobardorum; [ex Langobardica. \nlex majoris partis [Latin \"law of the major party\") \nMajority rule. See MAJORITY RULE. \n\"The voice of the majority decides. For the lex majoris \npartis is the law of all councils, elections, &c. where not \notherwise expressly provided. But if the house be equally divided, 'semper presumatur pro negante:' that is, the \nformer law is not to be changed but by a majority.\" Thomas \nJefferson, A Manual of Parliamentary Practice 105 (1801) \n(citation omitted). \nlex manifesta (leks man-;)-fes-ta). [Law Latin] Hist. 1. \nOpen law; manifest law. 2. Trial by duel or ordeal. \nAlso termed manifest law. \nlex marityma. Hist. The body of customs, usage, and \nlocal rules governing seagoing commerce that devel\noped in the maritime countries of medieval Europe. \nlex mercatoria (leks m;:Jr-ka-tor-ee-a). [Latin \"mercantile \nlaw\"] See LAW MERCHANT. \nlex merciorum (leks mar-shee-or-am). See MERCEN\nLAGE. \nlex monetae (leks m;:J-nee-tee). [Latin] The law of the \ncountry whose money is in question. \nlex naturae (leks nd-tyoor-ee). See NATURAL LAW. \nlex naturale (leks nach-a-ray-lee). [Law Latin] See \nNATURAL LAW. \nlex non scripta (leks non skrip-t;:J). [Latin \"unwrit\nten law\"] See unwritten law under LAW. Pi. leges non \nscriptae. \nlex ordinandi (leks or-d;:J-nan-dr). See LEX FORI. \nlex Papia Poppea (leks pay-pee-a pah-pee-a). [Latin] \nRoman law. A law proposed by the consuls Papius and \nPoppeus at the request ofAugustus. It is usu. consid\nered with the lex Julia de maritandis ordinibus as one \nlaw. Also termed Papian law; Poppean law. See lex \nJulia de maritandis ordinibus under LEX JULIA. \nlex patriae (leks pay-tree-ee or pa-tree-ee). [Latin] \nNational law; the law of one's country. See PERSONAL \nLAW. \nlex Petronia (leks pa-trob-nee-a). [Latin] Roman law. \nA law forbidding masters from sending their slaves to \nfight wild beasts in the arena, without a magistrate's \nauthorization . This law was enacted sometime before \nA.D. 79. \nlex Plaetoria (leks pli-or plee-tor-ee-a). [Latin] Roman \nlaw. A law protecting minors against frauds and \nprobably permitting them to apply for a guardian or \ncurator to assist them. \nlex PoeteHa (leks poh-a-tee-Iee-a). [Latin] Roman law. A \nlaw abolishing a creditor's right to reduce his debtor to \nslave-like treatment.  This law was enacted sometime \nbefore 300 B.C. \nlex Pompeia de parricidiis (leks pom-pee-a dee par-a\nsl-dee-is). [Latin] Roman law. A law of 70 or 55 B.C. \ndefining what murders amounted to parricide and \nestablishing a special expiatory punishment, in which \nthe offender was executed by being sewn up in a sack \nwith a dog, a rooster, a viper, and a monkey, and thrown \ninto the sea or a river. \nlex posterior derogat priori (leks pah-steer-ee-<lf der-a\ngat prr-or-r). [Latin \"a later law prevails over an earlier \none\"] The principle that a later statute negates the effect \n\nofa prior one if the later statute expressly repeals, or is \nobviously repugnant to, the earlier law. \nlex praetoria (leks pri-or pree-tor-ee-a). [Latin \"praeto\nrian law\" J1. Roman law. Law laid down in the praetor's \nedict. Cf. JUS PRAETORIUM. 2. Hist. The applicable rules \nin a court of equity. \nlex privata (leks pn-vay-ta). [Latin \"private law\"] Roman \nlaw. A term in a private contract. Sometimes short\nened to lex. \nlex publica (leks pab-li-b). [Latin \"public law\"] Roman \nlaw. 1. A law passed by a popular assembly and binding \non all people. 2. A written law. -Sometimes shortened \nto lex. \nlex Publilia (leks p[y]oo-blil-ee-a). [Latin \"Publilian \nlaw\"] Roman law. A law dispensing with senatorial \napproval for the enactments of the plebs (common \ncitizens). In 339 B.C. these laws strengthened the force \nofthe plebiscita and indirectly weakened the patrician \nelement in the Senate by permitting auctoritas patrum \nto be given in advance for some legislation, and requir\ning one of the censors to be a plebeian. -Also termed \nleges Publiliae Philonis. \nlex regia (leks ree-jee-a). [Latin \"royal law\"] Roman law. \nA law ostensibly enacted by the Roman people granting \nwide legislative and executive powers to the emperor, \nlater interpreted as providing that the emperor was a \nsource oflaw, the emperor had full legislative powers, \nand the emperor's will or pleasure had the full force of \nlaw. See LEX IMPERII. \nlex rei sitae (leks ree-I sl-tee). [Law Latin] Scots law. The \nlaw of the place where the property is situated. \nlex Rhodia (leks roh-dee-a). [Latin] Roman law. The \nRhodian law governing the subject of jettison. This \nbegan as the common law ofthe ancient Mediterranean \nSea. It required that all consignors and the shipmaster \nshare losses equally. -Also termed lex Rhodia de jactu. \nSee RHODIAN LAW. \nlex Romana (leks ra-may-na). [Latin] ROMAN LAW. \nLex Romana Visigothorum (leks r<l-may-na viz-a-gah\nthor-am). See BREVIARIUM ALARICIANUM. \nlex Salica (leks sal-;)-b). [Latin] See SALIC LAW. \nlex Scribonia (leks skri-boh-nee-a). [Latin] Roman law. \nA law ofthe late Republic abolishing the acquisition of \npraedial servitudes through prescription. \nlex scripta (leks skrip-ta). [Latin \"written law\"] See \nunwritten law under LAW. PI. leges scriptae. \nlex Sempronia (leks sem-proh-nee-;). [Latin] Roman \nlaw. A law of 122 B.C. transferring the duty of jury \nservice from the senators to the equestrians (knights). \n The control ofthe juries in the quaestiones perpetuae, \nparticularly in extortion (repetundae) trials, was one of \nthe key areas ofpolitical conflict in the late Republic. \nlex Silia (leks sil-ee-a). [Latin] Roman law. A law pro\nviding for personal actions for a fixed sum of money; \nspecif., a law from perhaps 250 B.C. introducing the legiS \nactio per condictionem to claim a fixed sum of money. lex situs (leks SI-tas. [Law Latin] The law of the place \nwhere property is located. Also termed lex loci rei \nsitae. See Restatement (Second) of Conflict of Laws \n 222 et seq. (1971). \nlex solutionis. See LEX LOCI SOLUTIONIS. \nlex talionis (leks tal-ee-oh-nis). [Law Latin] The law \nof retaliation, under which punishment should be in \nkind -an eye for an eye, a tooth for a tooth, and so \non but no more. Also termed eye for an eye; jus \ntalionis; principle ofretribution. \n\"Kant, for example, expresses the opinion that punishment \ncannot rightly be inflicted for the sake of any benefit to be \nderived from it either by the criminal himself or by society, \nand that the sale and sufficient reason and justification of \nit lies in the fact that evil has been done by him who suffers \nit. Consistently with this view. he derives the measure of \npunishment, not from any elaborate considerations as to \nthe amount needed for the repression of crime, but from \nthe simple principle of lex talionis: 'Thine eye shall not \npity; but life shall go for life, eye for eye, tooth for tooth, \nhand for hand, foot for foot\" [Deuteronomy, xix 21]. No \nsuch principle, indeed, is capable of literal interpretation; \nbut subject to metaphorical and symbolical applications \nit is in Kant's view the guiding rule of the ideal scheme of \ncriminal justice.\" John Salmond, Jurisprudence 118 (Glan\nville L. Williams ed., 10th ed. 1947). \n\"But if the old form of the lex talionis, an eye for an eye or \na tooth for a tooth, sounds too barbariC today, may we not \nreformulate the retributive theory and put it thus: Everyone \nis to be punished alike in proportion to the gravity of his \noffense or to the extent to which he has made others \nsuffer?\" Morris R. Cohen, Reason and Law 53 (1961). \nlex terrae (leks ter-ee). [Law Latin] See LAW OF THE \nLAND. \nlex Theodosiana (leks thee-a-doh-see-an-d). See TIIEO\nDOSIAN CODE. \nlex Valeria Horatia (leks va-Ieer-ee-a h<l-ray-shee-a). \n[Latin] Roman law. A law making enactments by the \nassembly of the people in tribes binding on all citizens. \n Several laws of this name were passed in 449 B.C. \nOne was aimed at strengthening the force ofplebiscita. \nAnother protected plebeian tribunes with sacrosanc\ntity. A third, more dubious, law falls between the lex \nValeria of 509 B.C. and the lex Valeria of 300 B.C. in \ngranting the right ofprovocatio to the Roman citizen \noppressed by a magistrate. Cf. LEX HORTENSIA. \nlex validitatis (leks val-d-day-tis. [Latin] Conflict oflaws. \nThe presumption ofvalidity given to marriages, con\ntracts, and other matters. \nlex Visigothorum (leks viz-a-gah-thor-<lm). [Latin \"law \nof the Visigoths\"] The law of a division of the Goths \n(a Germanic tribe) known as the Visigoths, who con\nquered Spain in the 5th century. In the late 7th \ncentury, Kings Recceswinth and Erwig imposed a \nVisigothic common law, and it is to this law that the \nphrase lex Visigothorum usu. applies. -Also spelled \nlex Wisigothorum. Also termed liber iudiciorum. \nlex Voconia (leks va-koh-nee-d). [Latin] Roman law. A \nlaw enacted in 169 B.C. to regulate inheritance (esp. by \nwomen) by capping the amount receivable by anyone \nas legacy or gift in view of death at no more than the \nheirs took.  1be Falcidian law superseded the lex \n\n997 \nVoconia. Also termed Voconian law. See FALCIDIAN \nLAW. \n\"Lex Voconia .... Contained several provisions con\ncerned with the law of succession: (l) No woman could be \nheir ... to an estate having a value greater than a fixed \namount .... (2) Admitted among female agnates only \nthe sisters of the deceased to intestate succession. (3) No \none person male or female could receive by legacy \nmore than the heir (or all heirs together) instituted in the \nlast will.\" Adolf Berger, Encyclopedic Dictionary of Roman \nLaw 561 (1953). \nlex Wallensica (leks wawl-en-z<I-b), n. [Latin] Welsh \nlaw. \nley (lay), n. [Law French] Hist. Law. \nley civile (lay see-or s.:l-veel), n. [Law French) Hist. L \nThe civil law. 2. The Roman law. -Also termed ley \nescripte. \nley de terre (lay dd tair). [Law French] See LAW OF THE \nLAND. \nleyerwite. See LAIRWlTE. \nley"}
{"text": "[Law French] See LAW OF THE \nLAND. \nleyerwite. See LAIRWlTE. \nley escripte (lay es-kript). See LEY CIVILE. \nley gager (lay gay-jdr), n. [Law French] Hist. Wager of \nlaw; the defendant's giving of security to make law on \na particular day. See WAGER OF LAW. \nleze majesty. See LESE MAJESTY. \nL.F. abbr. LAW FRENCH. \nLHWCA. abbr. LONGSHORE AND HARBOR WORKERS' \nCOMPENSATION ACT. \nliability, n. (18c) 1. The quality or state of being legally \nobligated or accountable; legal responsibility to another \nor to society, enforceable by civil remedy or criminal \npunishment <liability for injuries caused by negli\ngence>. -Also termed legal liability; subjection. Cf. \nFAULT. 2. (often pl.) A financial or pecuniary obligation; \nDEBT <tax liability> <assets and liabilities>. \n\"The term 'liability' is one of at least double signification. \nIn one sense it is the synonym of duty, the correlative of \nright; in this sense it is the opposite of privilege or liberty. \nIf a duty rests upon a party, society is now commanding \nperformance by him and threatening penalties. In a second \nsense, the term 'liability' is the correlative of power and \nthe opposite of immunity. In this case society is not yet \ncommanding performance, but it will so command if the \npossessor of the power does some operative act. If one has \na power, the other has a liability. It would be wise to adopt \nthe second sense exclusively. Accurate legal thinking is \ndifficult when the fundamental terms have shifting senses.\" \nWilliam R. Anson, Principles ofthe Law ofContract 9 (Arthur \nL. Corbin ed. 3d Am. ed. 1919). \n\"Liability or responsibility is the bond of necessity that \nexists between the wrongdoer and the remedy of the \nwrong. This vinculum juris is not one of mere duty or obli\ngation; it pertains not to the sphere of ought but to that \nof must.\" John Salmond, Jurisprudence 364 (Glanville L. \nWilliams ed., 10th ed. 1947). \nabsolute liability. See strict liability. \naccomplice liability. (1958) Criminal responsibility of \none who acts with another before, during, or (in some \njurisdictions) after a crime. See 18 USCA  2. [Cases: \nCriminal Law (;::>59.] liability \naccrued liability. (1877) A debt or obligation that is \nproperly chargeable in a given accounting period but \nthat is not yet paid. \nalternative liability. (1929) Liability arising from the \ntortious acts oftwo or more parties -when the plain\ntiff proves that one ofthe defendants has caused harm \nbut cannot prove which one caused it resulting \nin a shifting of the burden of proof to each defen\ndant. Restatement (Second) ofTorts  433B(3) (1965). \n[Cases: Torts c?130.J \ncivil liability. (1817) 1. Liability imposed under the \ncivil, as opposed to the criminal, law. 2. 1ne state of \nbeing legally obligated for civil damages. \ncontingent liability. (18c) A liability that will occur only \nifa specific event happens; a liability that depends on \nthe occurrence ofa future and uncertain event.  In \nfinancial statements, contingent liabilities are usu. \nstated in footnotes. \ncurrent liability. A business liability that will be paid \nor otherwise discharged with current assets or by \ncreating other current liabilities within the next year \n(or operating cycle). -Also termed short-term debt. \nderivative liability. (1886) Liability for a wrong that \na person other than the one wronged has a right to \nredress. Examples include liability to a widow in a \nwrongful-death action and liability to a corporation \nin a shareholder's derivative suit. \nenterprise liability. (1941) 1. Liability imposed on each \nmember of an industry responsible for manufactur\ning a harmful or defective product, allotted by each \nmanufacturer's market share ofthe industry. -Also \ntermed industry-wide liability. See market-share \nliability. [Cases: Products Liability C='164, 165.] 2. \nCriminal liability imposed on a business (such as a \ncorporation or partnership) for certain offenses, such \nas public-welfare offenses or offenses for which the \nlegislature specifically intended to impose criminal \nsanctions. See Model Penal Code  2.07. See public\nwelfare offense under OFFENSE (1). \nfault liability. Liability based on some degree ofblame\nworthiness. Also termed fault-based liability. Cf. \nstrict liability. \njoint and several liability. (1819) Liability that may \nbe apportioned either among two or more parties or \nto only one or a few select members of the group, at \nthe adversary's discretion . Thus, each liable party \nis individually responSible for the entire obligation, \nbut a paying party may have a right of contribution \nand indemnity from nonpaying parties. See solidary \nliability. [Cases: Contracts (;::> 181; Negligence \n484; Torts G-=> 135.) \njoint liability. (18c) Liability shared by two or more \nparties. [Cases: Negligence C=:::484; Torts \nliability in solido. See solidary liability. \nliability withoutfault. See strict liability. \nlimited liability. (1833) Liability restricted by law or \ncontract; esp., the liability of a company's owners for \n\nliability bond 998 \nnothing more than the capital they have invested in \nthe business. [Cases: Corporations C=:::>21S.] \nmarket-share liability. (1980) Liability that is imposed, \nusu. severally, on each member ofan industry, based \non each member's share of the market or respective \npercentage ofthe product that is placed on the market. \n This theory ofliability usu. applies only in the situ\nation in which a plaintiff cannot trace the harmful \nexposure to a particular product, as when several \nproducts contain a fungible substance. For example, \nit is sometimes applied to a claim that the plaintiff \nwas harmed by exposure to asbestos. See enterprise \nliability. [Cases: Officers and Public Employees ~':::) \n114; Products Liability C=:::> 166; Receivers C=:::> 168.] \nofficial liability. Liability of an officer or receiver for \na breach of contract or a tort committed during the \nofficer's or receiver's tenure, but not involving any \npersonal liability. \npenal liability. Liability arising from a proceeding \nintended at least partly to penalize a wrongdoer. Cf. \nremedial liability. \npersonal liability. (18c) Liability tor which one is per\nsonally accountable and for which a wronged party \ncan seek satisfaction out ofthe wrongdoer's personal \nassets. \npremises liability. See PREMISES LIABILITY. \nprimary liability. (1834) Liability for which one is \ndirectly responsible, as opposed to secondary liabil\nity. \nproducts liability. See PRODUCTS LIABILITY. \nremedial liability. Liability arising from a proceed\ning whose object contains no penal element . The \ntwo types of proceedings giving rise to this liability \nare specific enforcement and restitution. Cf. penal \nliability. \nsecondary liability. (1830) Liability that does not arise \nunless the primarily liable party fails to honor its \nobligation. \nseveral liability. (1819) Liability that is separate and \ndistinct from another's liability, so that the plaintiff \nmay bring a separate action against one defendant \nwithout joining the other liable parties. [Cases: Neg\nligence C=:::>484; Torts \nshareholder's liability. 1. The statutory, added, or \ndouble liability of a shareholder for a corporation's \ndebts, despite full payment for the stock. 2. The lia\nbility of a shareholder for any unpaid stock listed as \nfully owned on the stock certificate, usu. occurring \neither when the shareholder agrees to pay full par \nvalue for the stock and obtains the certificate betore \nthe stock is paid for, or when partially paid-for stock is \nintentionally issued by a corporation as fully paid, the \nconsideration for it being entirely fictitious. -Also \ntermed stockholder's liability. [Cases: Corporations \n(;:::.21S, \nsolidary liability (sol-..-dair-ee). Civil law. The liability \nof anyone debtor among two or more joint debtors to pay the entire debt if the creditor so chooses. La. \nCiv. Code art. 1794. This is equivalent to joint and \nseveral liability in the common law. -Also termed \nliability in solido. See joint and several liability. [Cases: \nNegligence Torts 13S.) \nstatutory liability. Liability that is created by a statute \n(or regulation) as opposed to common law. \nstockholder's liability. See shareholder's liability. \nstrict liability. (1844) Liability that does not depend \non actual negligence or intent to harm, but that is \nbased on the breach of an absolute duty to make \nsomething safe . Strict liability most often applies \neither to ultrahazardous activities or in products-lia\nbility cases. Also termed absolute liability; liability \nwithout fault. Cf. fault liability; OUTCOME RESPON\nSIBILITY. [Cases: Negligence (::::>301-307; Products \nLiability C=:::> lB.] \ntortious liability. Liability that arises from the breach \nof a duty that (1) is fixed primarily by the law, (2) is \nowed to persons generally, and (3) when breached, is \nredressable by an action for unliquidated damages. \nvicarious liability (vl-kair-ee- ..s). (1890) Liability that a \nsupervisory party (such as an employer) bears for the \nactionable conduct ofa subordinate or associate (such \nas an employee) based on the relationship between the \ntwo parties. See RESPONDEAT SUPERIOR. [Cases: Labor \nand Employment C=:::>3026; Negligence C-:;-,483.] \n\"The vicarious liability of an employer for torts committed \nby employees should not be confused with the liability \nan employer has for his own torts. An employer whose \nemployee commits a tort may be liable in his own right \nfor negligence in hiring or supervising the employee. If \nin my business I hire a truck driver who has a record of \ndrunk driving and on whom one day I detect the smell of \nbourbon, I (along with my employee) may be held liable \nfor negligence if his driving causes injury. But that is not \n'vicarious' liability-I am held liable for my own negligence \nin hiring that employee or letting him drive after I know he \nhas been drinking.\" Kenneth S. Abraham, The Forms and \nFunctions ofTort Law 166 (2002). \nliability bond. See BOND (2). \nliability dividend. See scrip dividend under DIVIDEND. \nliability in solido. See solidary liability under LIABIL\nITY. \nliability insurance. See INSURANCE. \nliability limit. Insurance. The maximum amount of \ncoverage that an insurance company will provide on a \nsingle claim under an insurance policy. -Also termed \nlimit ofliability; policy limits. [Cases: Insurance \n21OS.] \nliability without fault. See strict liability under LIABIL\nITY. \nliable (h-..-b..l also h-b..l), adj. (lSc) 1. Responsible or \nanswerable in law; legally obligated. 2. (Of a person) \nsubject to or likely to incur (a fine, penalty, etc.). Also \ntermed legally liable. See LIABILITY. \nliar's loan. See LOAN. \n\n999 \nlibel (h-bJl), n. (14c) 1. A defamatory statement expressed \nin a fixed medium, esp. writing but also a picture, \nsign, or electronic broadcast . Libel is classified as \nboth a crime and a tort but is no longer prosecuted as \na crime. - Also termed defamatory libel. 2. The act of \nmaking such a statement; publication of defamatory \nmatter by written or printed words, by its embodiment \nin physical form or by any other form of communica\ntion that has the potentially harmful qualities charac\nteristic of written or printed words. See DEFAMATION. \nCf. SLANDER. [Cases: Libel and Slander ~1, 14,25.] \n\"Ubel is written or visual defamation; slander is oral or \naural defamation.\" Robert D. Sack & Sandra S. Baron, Ubel, \nSlander, and Related Problems  2.3, at 67 (2d ed. 1994). \n\"The distinction itself between libel and slander is not \nfree from difficulty and uncertainty. As it took form in the \nseventeenth century, it was one between written and oral \nwords. But later on libel was extended to include pictures, \nsigns, statues, motion pictures, and even conduct carrying \na defamatory imputation, such as hanging the plaintiff in \neffigy, erecting a gallows before his door, dishonoring his \nvalid check drawn upon the defendant's bank, or even ... \nfollowing him over a considerable period in a conspicu\nous manner. From this it has been concluded that libel \nis that which is communicated by the sense of Sight, or \nperhaps also by touch or smell, while slander is that which \nis conveyed by the sense of hearing.\" W. Page Keeton et aI., \nThe Law of Torts  112, at 786 (5th ed. 1984). \ncriminal libel. At common law, a malicious libel that is \ndesigned to expose a person to hatred, contempt, or \nridicule and that may subject the author to criminal \nsanctions. Because ofconstitutional protections of \nfree speech, libel is no longer criminally prosecuted. \n[Cases: Libel and Slander ~141.J \nfalse-implication libel. Libel that creates a"}
{"text": "\n[Cases: Libel and Slander ~141.J \nfalse-implication libel. Libel that creates a false impli\ncation or impression even though each statement in \nthe article, taken separately, is true. See FALSE LIGHT; \nINVASION OF PRIVACY. \ngroup libel. (1940) Libel that defames a class ofpersons, \nesp. because of their race, sex, national origin, reli\ngious belief, or the like. Civil liability for group \nlibel is rare because the plaintiff must prove that the \nstatement applied particularly to him or her. Cf. hate \nspeech under SPEECH. [Cases: Libel and Slander \n21.J \nlibel per quod (pJr kwod). (1927) 1. Libel that is action\nable only on allegation and proofofspecial damages. \n Most jurisdictions do not recognize libel per quod, \nholding instead that general damages from libel are \npresumed. 2. Libel in which the defamatory meaning \nis not apparent from the statement on its face but \nrather must be proved from extrinsic circumstances. \nSee INNUENDO (2). [Cases: Libel and Slander ~1, \n6-13,32,33.] \nlibel per se (pJf say). (1843) 1. Libel that is actionable in \nitself, requiring no proofof special damages . Most \njurisdictions do not distinguish between libel per \nse and libel per quod, holding instead that general \ndamages from libel are presumed. 2. Libel that is \ndefamatory on its face, such as the statement \"Frank \nis a thief. [Cases: Libel and Slander libel/us conventionis \nobscene libel. Hist. 1. 1be common-law crime of pub\nlishing, with the intent to corrupt, material (esp_ \nsexual words or pictures) that tends to deprave or \ncorrupt those whose minds are open to immoral influ\nences. 2. A writing, book, picture, or print that is so \nobscene that it shocks the public sense ofdecency. \nseditious libel. Libel made with the intent of inciting \nsedition. Like other forms of criminal libel, sedi\ntious libel is no longer prosecuted. See SEDITION. \n[Cases: Libel and Slander C-:;; 141, 145.1 \ntrade libel. Trade defamation that is written or \nrecorded. See trade defamation under DEFAMATION; \nDISPARAGEMENT (3). Cf. trade slander under SLANDER. \n[Cases: Libel and Slander ~130.1 \n3. The complaint or initial pleading in an admiralty or \necclesiastical case. [Cases: Admiralty ~60.1 -Also \ntermed (in sense 3) libel ofinformation. \nlibel, vb. (16c) 1. To defame (someone) in a permanent \nmedium, esp. in writing. [Cases: Libel and Slander (;;:> \n1, 25.] 2. Hist. Maritime law. To sue in admiralty or \necclesiastical court.  This use of the term was elimi\nnated with the merging of the Admiralty Rules into the \nFederal Rules of Civil Procedure in 1986. \nlibelant (lI-bJI-<1nt). (16c) 1. The party who institutes a \nsuit in admiralty or ecclesiastical court by filing a libeL \n[Cases: Admiralty ~41.J 2. LIBELER. -Also spelled \nlibellant. \nlibelee (h-bdl-ee). The party against whom a libel has \nbeen filed in admiralty or ecclesiastical court. Also \nspelled libellee. [Cases: Admiralty (;;:>42.] \nlibeler. One who publishes a written defamatory state\nment. -Also spelled libeller. Also termed libelant. \n[Cases: Libel and Slander \nlibellary procedure (h-bJI-er-ee). Roman law. The pre\nliminary proceedings in a lawsuit, initiated by a plain\ntiffs written claims (in a libellus) to the magistrate. \nlibellos agere (lJ-bel-Js aj-J-ree), vb. [LatinJ Roman law. \nTo assist the emperor in responding to petitions. \nAlso termed libellum agere. \nlibellous, adj. See LIBELOUS. \nlibellus (ld-bel-as), n. [LatinJ 1. Roman law. A small book; \na written statement to a court; a petition. 2. Hist. An \ninstrument conveying all or part of land. 3. Anyone \nof a number oflegal petitions or documents, such as a \nbill ofcomplaint. \nlibellus accusatorius (l<1-bel-<ls d-kyoo-zd-tor-ee-ds). \n[Latin] Roman law. A criminal accusation in writing. \nlibellus appellatorius (lJ-bel-Js J-pel-J-tor-ee-<ls). \n[Latin] Roman law. A written appeal in cognitio pro\nceedings. \nlibellus conventionis (l<1-bel-<ls k<1n-ven-shee-oh-nis). \n[Latin] Roman law. The statement ofa plaintiffs claim \nin a petition sent to the magistrate, who directs its \ndelivery to the defendant. \n\"The libellus conventionis was very like the intentio of the \nformulary system, and the modern statement of claim, \nsince it set forth in a succinct manner the nature of the \n\n1000 libellus divortii \nplaintiff's right and the circumstances attending its alleged \nviolation.\" R.W. Leage, Roman Private Law417 (C.H. Ziegler \ned., 2d ed. 1930). \nlibellus divortii (lJ-bel-Js di-vor-shee-I). [Latin] Roman \nlaw. A bill ofdivorce. In the later Roman empire, also \ntermed libellus repudii. \nlibellus famosus (lJ-bel-Js fJ-moh-sJs). [Latin] Roman \nlaw. A defamatory publication. \n\"Ubellus famosus .... According to the Lex Cornelia de \niniuriis punishment was inflicted on the person who wrote \n(saipserit), composed (composuerit) or edited (ediderit) \nsuch a lampoon, even if the publication was made under \nanother name or anonymously (sine nomine).\" Adolf Berger, \nEncyclopedic Dictionary ofRoman Law 562 (J 953). \nlibellus repudii (IJ-bel-Js ri-pyoo-dee-I). See LIBELLUS \nDIVORTII. \nlibellus rerum (lJ-bel-JS reer-Jm), n. [Latin] Hist. An \ninventory. \nlibellus supplex (lJ-bel-Js sap-leks). [Latin] Roman law. \nA petition, esp. to the emperor . All petitions to the \nemperor had to be in writing. \nlibel ofaccusation. Scots law. The instrument stating the \ncriminal charge against an accused person. \nlibel ofinformation. Maritime law. See LIBEL (3). \nlibel ofreview. Maritime law. A new proceeding attack\ning a final decree after the right to appeal has expired. \nSee LIBEL (3). \nlibelous, adj. Constituting or involving libel; defamatory \n<a libelous newspaper story>. Also spelled libellous. \n[Cases: Libel and Slander C=6-14.] \nlibel per quod. See LIBEL. \nlibel per se. See LIBEL. \nliber (h-bJr), adj. [Latin \"free\"] 1. (Of courts, public \nplaces, etc.) open and accessible. 2. (Of a person) having \nthe state or condition ofa freeman. 3. (Of a person) free \nfrom another's service or authority. \nliber (h-bJr), n. [Latin \"book\"] 1. A book of records, \nesp. of deeds. 2. A main division of a literary or pro\nfessional work. \nlibera batelia (lib-Jr-J bJ-tel-J), n. [l.atin \"free boat\"] \nHist. The right to have a boat fish in certain waters; \nfree fishery. \nlibera chasea habenda (lib-Jr-J chay-see-J hJ-ben-dJ), \nn. [Law Latin] Hist. A judicial writ granting a person \nthe right to a free chase after game belonging to the \nperson's manor, after the jury's verdict granting that \nright. See CHASE. \nlibera eleemosyna (lib-aI-a el-J-mos-J-m). See FRANKA\nLMOIN. \nlibera falda (lib-Jr-<:) fal-dJ or fawl-dJ}. See DE LIBERA \nFALDA. \nliberal, adj. (14c) 1. (Of a condition, state, opinion, etc.) \nnot restricted; expansive; tolerant <liberal policy>. \n2. (Of a person or entity) opposed to conservatism; \nadvocating expansive freedoms and individual expres\nsion <liberal party>. 3. (Of an act, etc.) generous <a liberal gift>. 4. (Of an interpretation, construction, \netc.) not strict or literal; loose <a liberal reading ofthe \nstatute>. \nliberal construction. See CONSTRUCTION. \nlibera lex (lib-Jr-J leks), n. [Latin \"free law\"] Hist. Free \nlaw; the law of the land. This phrase referred to the \nlaw enjoyed by free and lawful men, as opposed to men \nwho had lost the benefit and protection ofthe law as \na result of committing crimes. See LIBERAM LEGEM \nAMITTERE. \nliberal interpretation. See D!TERPRETATION. \nliberam legem amittere (lib-Jr-om lee-jJm a-mit-J-ree). \n[Latin] Hist. To lose one's free law . This phrase refers \nto falling, by crime or infamy, from the status of libera \nlex. By what was known as a \"villenous judgment,\" a \nperson would be discredited as juror and witness, would \nforfeit goods and chattels and lands for life, would have \nhis houses razed and trees uprooted, and would go to \nprison. This was the ancient punishment ofa conspira\ntor and of a party involved in a wager of battle who \ncried \"craven.\" Also termed amittere liberam legem; \namittere legem terrae (\"to lose the law ofthe land\"). See \nVILLENOUS JUDGMENT. \nlibera piscaria (lib-ar-i1 pis-kair-ee-o). See free fishery \nunder FISHERY (1). \nliberare (lib-i1-rair-ee), vb. 1. Civil law. To set (a person) \nfree. 2. Hist. To deliver or transfer (a writ, etc.). \nliberari facias (lib-J-rair-ee fay-shee-as). [Law Latin \n\"that you cause to be delivered\"] Hist. A writ ofexecu\ntion ordering a sheriff to seize the debtor's unsalable \nreal property and deliver it to the creditor to satisfy the \ncreditor's claim. Cf. LEVARI FACIAS; FIERI FACIAS. \ntiber assisarum (h-bi1r as-I-zair-Jm), n. [Law Latin \n\"Book ofAssizes\"] Hist. A collection of cases arising \nin assizes and other country trials . It was the fourth \nvolume of the reports of the reign ofEdward III. \nliberate (lib-J-ray-tee), n. [Law Latin] Hist. 1. A chancery \nwrit to the Exchequer ordering the payment of an \nannual pension or other sum. 2. A writ to the sheriff \nauthoriZing delivery ofany property given as bond and \nthen taken when a defendant forfeited a recognizance. \n3. A writ to a jailer ordering delivery ofa prisoner who \nhad paid bail. 4. A writ to a sheriff commanding him to \ndeliver to the plaintiff lands or goods pledged as part of \na commercial trade loan arrangement (a statute staple) \navailable in certain merchant towns in England. Ifa \ndebtor defaulted on this obligation, the creditor could \nobtain a writ of extent, which directed the sheriff to \ntake an inventory and entitled the creditor to keep the \ndebtor's property for a time until the rentals on the \nproperty equaled the amount due. The writ of liberate \nwas issued after the inventory had been performed \nunder the writ of extent. See EXTENT; STAPLE (1), (2). \nliberate, vb. (17c) To set (a person) free, as from slavery, \nbondage, or hostile controL \nliberatio (lib-J-ray-shee-oh), n. [Law Latin] Hist. Money \npaid for the delivery or use of a thing; a payment. \n\n1001 liberty \nliberatio legata (lib-d-ray-shee-oh ld-gay-t<l). See \nLEGATGM LIBERATIONIS. \nliberation. (15c) 1. The act or an instance of freeing \nsomeone or something. 2. Civil law. Final payment \nunder a contract, thereby extinguishing the debt. \nliberation movement. Int'llaw. An organized effort \nto achieve the political independence of a particular \nnation or people. \nliberatio nominis (lib-<l-ray-shee-oh nahm-d-nis). \n[Latin] Roman law. The discharge ofa debt. \nHberative, adj. Serving or tending to free or release. \nliberative prescription. See PRESCRIPTION. \nLiber Authenticorum (h-bdr aw-then-tdkor-<lm). [Latin] \nRoman law. A translated, unabridged collection oOus\ntinian's Greek Novels, assembled between A.D. 535 and \n556. This collection is distinguished from the similar \nwork, the Epitome JuZiani. -Also termed Authenti\ncum. \nlibera warrena (lib-ar-a wor-ee-n<l). See free warren \nunder WARREN. \nliber bancus (II-bar bang-bs). See FREE BENCH. \nliber et legalis homo (II-bar et b-gay-Iis). See LEGALIS \nHOMO. \nliberi (lib-ar-I), n. pl. [Latin] Roman law. 1. Children. \n2. Descendants . In the praetorian rules of intestate \nsuccession, liberi were the first rank ofclaimants, com\nprising the sui heredes of the Twelve Tables, and some \nothers, such as emancipated children. C"}
{"text": "com\nprising the sui heredes of the Twelve Tables, and some \nothers, such as emancipated children. Cf. LEGITIMI \nHEREDES. \nliberis nascituris (lib-ar-is nas-d-t[yJuur-is). [Latin] Hist. \nTo children yet to be born. The phrase usu. referred \nto designations made in marriage contracts, \nliber iudiciorum. See LEX VISIGOTHORUM. \nliber judicia lis ofAlfred (II-bar joo-dish-ee-ay-lis), n, \n[Law Latin] See DOOMBOOK. \nliber niger (II-bar nI-jaf), n. [Latin \"black book\") Hist\nAn ancient record, such as the register in the Exchequer \nand the register of charters ofabbeys and cathedrals. \nLiber Niger Parvus (h-baf nI-j<lr pahr-vas). See BLACK \nBOOK OF THE EXCHEQUER. \nUber ruber scaccarii (h-b<lr roo-bar ska-kair-ee-I), n. \n[Law Latin) Hist. Red book ofthe Exchequer. This was \nan ancient register ofthe names ofthose holding land \nper baroniam during the reign ofHenry II. \nlibertas (Ii-bar-tas or lib-ar-tas), n. [Latin \"liberty, \nfreedom\") Hist. A privilege Of franchise. \nlibertas ecclesiastica (Ii-b.lt-tas e-klee-z[hlee-as-ti-b), \nn. [Law Latin \"church liberty\") Hist. Immunity from \nsecular law, enjoyed by the church and the clergy, who \nare subject to ecclesiastical law . This immunity was \ncreated in Magna Carta (1215). \nlibertatibus allocandis (lib-ar-tay-td-bas al-d-kan-dis). \nSee DE LIBERTATIBUS ALLOCANDIS. libertatibus exigendis in itinere (lib-ar-tay-ta-bas ek-sa\njen-dis in I-tin-a-ree), n. [Latin] Hist. A writ from the \nking to one ofa panel ofitinerant judges (the justices in \neyre) ordering them to admit an attorney to represent \na criminal defendant. See EYRE. \n! tiberti (Ii-bar-tI), n. pI. [Latin) Roman law. Manumitted \nslaves, considered in their relation with their former \nmasters, who were known as patrons. Cf, INGENUUS; \nLIBERTINL \nlibertidde (ia-b3f-t<l-sId), n. 1. The destruction ofliberty. \n2. A destroyer ofliberty. liberticidal, adj. \nliberties. Hist, 1. Privileged districts exempt from the \nsheriff's jurisdiction. 2. In American colonial times, \nlaws. 3. Political subdivisions ofPhiladelphia. \nlibertini (lib-ar-tl-m), n. pl. [Latin) Roman law. See \nLATINI JUNIANI. \nliberty. (14c) 1. Freedom from arbitrary or undue external \nrestraint, esp. by a government <give me liberty or give \nme death>. 2. A right, privilege, or immunity enjoyed \nby prescription or by grant; the absence ofa legal duty \nimposed on a person <the liberties protected by the \nConstitution>. [Cases: Constitutional Law ~1079, \n3873.] \n\"[Liberty] denotes not merely freedom from bodily restraint \nbut also the right of the individual to contract, to engage \nin any of the common occupations of life, to acquire \nuseful knowledge, to marry, establish a home and bring \nup children, to worship God according to the dictates of \nhis own conscience, and generally to enjoy those privileges \nlong recognized at common law as essential to the orderly \npursuit of happiness by free men.\" Mever v. Nebraska, 262 \nU.S. 390, 399, 43 S.O. 625, 626 (1923). \n''The sphere of my legal liberty is that sphere of activity \nwithin which the law is content to leave me alone.\" John \nSalmond, Jurisprudence 239 (Glanville L. Williams ed., 10th \ned. 1947). \n'The word liberty has become a symbol around which \nhave clung some of the most generous human emotions. \nWe have been brought up to thrill with admiration at the \nmen who say, Give me liberty or give me death. But the \nphilosopher asks whether all those who are devoted to \nliberty mean the same thing. Does liberty or freedom, for \ninstance, involve free trade? Does it involve freedom to \npreach race hatred or the overthrow of all that we regard \nas sacred? Many who believe in liberty characterize the \nfreedom which they are not willing to grant, as license, \nand they do it so often that one may be inclined to think \nthat what we really need is less liberty and more license. \nMoreover, there is a confUSion between the absence of \nlegal restraint and the presence of real freedom as positive \npower to do what we want. The legal freedom to earn a \nmillion dollars is not worth a cent to one who has no real \nopportunity. It is fashionable to assert that men want \nfreedom above all other things, but a strong case may be \nmade out for the direct contrary. Absolute freedom is just \nwhat people do not want ....\" Morris R. Cohen, Reason \nand Law 101-02 (1961). \ncivil liberty. See CIVIL LIBERTY. \nindividual liberty. See personal liberty, \nnatural liberty. (16c) The power to act as one wishes, \nwithout any restraint or control, unless by nature. \n'This natural liberty ... being a right inherent in us by \nbirth .... But every man, when he enters into society, gives \nup a part of his natural liberty, as the price of so valuable \n\na purchase; and, in consideration of receiving the advan\ntages of mutual commerce, obliges himself to conform to \nthose laws, which the community has thought proper to \nestablish.\" 1 William Blackstone, Commentaries on the Laws \nofEngland 121 (1765). \npersonal liberty. (16c) One's freedom to do as one \npleases, limited only by the government's right to \nregulate the public health, safety, and welfare. -Also \ntermed individual liberty. [Cases: Constitutional Law \n<:>1079.] \npolitical liberty. (17c) A person's freedom to participate \nin the operation of government, esp. in elections and \nin the making and administration oflaws. \nreligious liberty. (17c) Freedom -as guaranteed by \nthe First Amendment to express, without external \ncontrol other than one's own conscience, anv or no \nsystem of religiOUS opinion and to engage in or'refrain \nfrom any form of religiOUS observance or public or \nprivate religiOUS worship, as long as it is consistent \nwith the peace and order of society. [Cases: Consti\ntutional Law <:> 1290-1428.] \nLiberty Clause. (1971) The Due Process Clause in the \n14th Amendment to the u.s. Constitution. See DUE \nPROCESS CLAUSE. [Cases: Constitutional Law (:=3840\n4841.] \nliberty interest. See INTEREST (2). \nliberty not. See NO-DUTY. \nliberty of a port. Marine insurance. A license incorpo\nrated in a marine policy allowing the vessel to dock \nand trade at a designated port other than the principal \nport ofdestination. \nliberty ofcontract. See FREEDOM OF CONTRACT. \nliberty of speech. See FREEDOM OF SPEECH. \nliberty ofthe globe. Marine insurance. A license incor\nporated in a marine policy authorizing the vessel to \ngo to any part of the world, rather than be confined \nto a particular port of destination. [Cases: Insurance \nC=>2214.] \nliberty of the press. See FREEDOM OF THE PRESS. \nliberum maritagium (lib-ar-am mar-a-tay-jee-am). See \nFRANKMARRIAGE. \nliberum servitium (lib-ar-am sar-vish-ee-am), n. [Law \nLatin] See SERVITIUM LIBERUM. \nliberum socagium (lib-ar-am sok-ay-jee-;.!m), n. [Law \nLatin] See free socage under SOCAGE. \nliberum tenementum (lib-ar-;.!m ten-a-men-t;.!m), n. \n[Law Latin] Hist. 1. A plea offreehold; a defensive com\nmon-law pleading in an action for trespass to lands. \n-The defendant pleaded either ownership ofthe land \nin question or authorization from the freehold owner. \n[Cases: Trespass <:>27.] 2. FREEHOLD. \nliberum veto. See VETO. \nLIBOR. abbr. See LONDON INTERBANK OFFERED RATE. \nlibra (II-br;.!), n. [Latin] Hist. An English pound; a sum \nof money equal to a pound sterling. PI. librae. libra arsa (II-br;.! ahr-s;.!), n. [Law Latin] Hist. A pound \nmelted to test its purity. \nlibra numerata (h-br;.! n[y]oo-m;.!-ray-tJ), n. [Law Latin] \nHist. A pound of money that has been counted. \nlibra pensa (II-bra pen-sa), n. [Law Latin] Hist. A \npound ofmoney by weight. \nlibrarian. Parliamentary law. An officer charged with \ncustody of an organization's books, periodicals, and \nother published matter, and sometimes ofthe organi\nzation's own archives and files as well. \nLibrary of Congress. A library on the U.S. Capitol \ngrounds responsible for conducting research for \nmembers of Congress and congressional committees. \n_ The Library maintains collections of materials that in \nmany areas are the world's most extensive. Headed by \na Librarian appointed by the President with the advice \nand consent ofthe Senate, it was established in 1860. 2 \nUSCA  131 et seq. \nlibripens (lib-ra-penz), n. [Latin] Roman law. A person \nwho holds a bronze balance during actual or ritual \nsales, such as the ceremonies of emancipating a son \nfrom his father or conveying important property; a \nscale-holder. -The purchaser strikes the balance with a \npiece ofbronze to symbolize completion of the sale. Ihe \nseller then receives the bronze as a sign of the purchase \nmoney. See MANCIPATION. \nliceity. (ll-say-tee or li-) Ecclesiastical law. The legality \nofan act, esp. ofa sacrament. -Liceity is distinguished \nfrom validity in ecclesiastical law. Although an act or \nsome part ofit may be illegal, its pertormance or effects \nmay be valid. For example, Roman Catholic law requires \nthat the Eucharist be celebrated with unleavened wheat \nbread. Ifleavened bread is used, the bread would be an \nillegal substance, but the sacrament's validity would \nnot be affected. \nlicense, n. (15c) 1. A permission, usu. revocable, to \ncommit some act that would otherwise be unlawful; \nesp., an agreement (not amounting to a lease or profit aprendre) that it is lawful for the licensee to enter the \nlicensor's land to do some act that would otherwise \nbe illegal, such as hunting game. See SERVITUDE (1). \n[Cases: Licenses \n\"[Allicense is an authority to do a particular act, or series \nof acts, upon another's land, without possessing any estate \ntherein. It is founded in personal confidence, and is not \nassignable, nor within the statute of frauds.\" 2 James \nKent, Commentaries on American Law *452-53 (George \nComstock ed., 11th ed. 1866). \n2. The certificate or document evidencing such permis\nsion. -license, vb. \nartistic license. An open-source license that prohibits \nthe sale of modified software unless it is included in \na package with other software. \nbare license. (I7c) A license in which no property \ninterest passes to the licensee, who is merely not a \ntrespasser. -It is revocable at will. Also termed \nnaked license; mere license. [Cases: Copyrights and \nIntellectual Property (:=48.] \n\nblanket license. Copyright. A license granted by a per\nforming-rights society, such as ASCAP or BMI, to use \nall works in the society's portfolio in exchange for a \nfixed percentage of the user's revenues. \nbox-top license. See shrink-wrap license. \nBSD license. A form of open-source license that allows \nusers to incorporate the source code into proprietary \nproducts as long as the names of the original creator \nor contributors are not used to endorse or promote \nthe products without permission . It was originally \ncreated for the Berkeley Software Distribution oper\nating system developed at the University of Califor\nnia. Also termed BSD-style license. \nclick-wrap license. See POINT-AND-CLICK AGREE\nMENT. \ncompulsory license. 1. Copyright. A statutorily created \nlicense that allows certain parties to use copyrighted \nmaterial without the explicit permission of the copy\nright owner in exchange for a specified royalty. -Also \ntermed equitable remuneration. [Cases: Copyrights \nand Intellectual Property (~48.l..] 2. Patents. A \nstatutorily created license that allows certain people \nto pay a royalty and use an invention without the pat\nentee's permission . \\Vhile some nations currently \nrecognize compulsory licenses, the United States \nnever has. \ncross-license. Patents. An agreement between two or \nmore patentees to exchange licenses tor their mutual \nbenefit and use of the licensed products. [Cases: \nPatents <::=206.] \ndistribution license. A marketing license, usu.limited \nby geography. \nexclusive license. (l8c) A license that gives the licensee \nthe sole right to pertorm the licensed act, often in a \ndefined territory, and that prohibits the licensor from \nperforming the licensed act and from granting the \nright to anyone else; esp., such a license of a copy\nright, patent, or trademark right. [Cases: Patents (;:::> \n211(1).] \ngeneral-public license. See open-source license. \nimplied license. A royalty-free license arising from a \nproperty owner's conduct regarding another person's"}
{"text": "-source license. \nimplied license. A royalty-free license arising from a \nproperty owner's conduct regarding another person's \nuse of the property even though the owner has not \nexpressly consented to the property's use . In a \npatent context, tor example, the circumstances sur\nrounding the conduct give rise to an affirmative grant \nofconsent or permission to infringe a patent's claims. \nFor example, the conduct of a patentee who encour\nages the manufacture of infringing products may be \nconstrued as an implied license to use the patent. \nAn implied license may also arise when a patentee \nauthorizes the sale or express grant of a license to a \nbuyer, who then resells the license to a third party; the \nthird party is the patentee's implied licensee. [Cases: \nPatents <::=210.] \nimplied license by acquiescence. An implied license \nthat arises from the patentee's tacit or passive acceptance of or implied consent to an otherwise \ninfringing act. \nimplied license by conduct. An implied license based \non the patentee's course of conduct, including \nlanguage, from which another person could properly \ninfer that the patentee consented to the other's use of \nthe patent. See implied license by equitable estoppel; \nimplied license by legal estoppel. \nimplied license by equitable estoppel. An implied \nlicense usu. based on the patentee's failure to take \ntimely action to enforce patent rights against an \ninfringer after objecting to the infringer's actions, \nthereby misleading the infringer to believe that the \npatentee will not act. See A.C. Aukerman Co. v. R.L. \nChaides Constr. Co., 960 F.2d 1020, 1042-43 (Fed. \nCir.1992). \nimplied license by legal estoppel. An implied license \nusu. based on the patentee's broadcast grant ofa right \nor interest that cannot be derogated by the patentee's \nlater acts. \nlabel license. A notice on an item's package granting \nthe purchaser a license to practice the process by \nusing the item without additional payments to the \nlicensor. \nlicense coupled with an interest. (1836) An irrevocable \nlicense in real estate that confers the right (not the \nmere permission) to perform an act or acts upon the \nproperty; esp., a license incidental to the ownership \nof an interest in a chattel located on the land with \nrespect to which the license exists . This type of \nlicense is considered an interest in the land itself. An \ninjunction may be obtained to prevent the wrongful \nrevocation of such a license. -Also termed license \ncoupled with the grant ofan interest. [Cases: Licenses \ne:.-.::>43, 58(2).] \n\"A licence may be coupled with some interest in the land \nor chattels thereon. Thus the right to enter another man's \nland to hunt and take away the deer killed, or to cut down \na tree and remove it, involves the grant of an interest in \nthe deer or tree and also a licence annexed to it to come \non the land. The interest must be a recognised interest in \nthe property, and it must have been validly created. Thus \nat law a right to take game or minerals, being a profit a \nprendre, must have been created by deed or prescription, \nwhereas no formalities are required for the grant of a right \nto take away chattels, such as felled or cut hay. Equity will \ngive effect to a specifically enforceable agreement to grant \nan interest, so that a licence coupled with a profit aprendre \ngranted merely in writing but for value may be protected by \ninjunction.\" Robert E. Megarry & M.P. Thompson, A Manual \nof the Law of Real Property 428 (6th ed. 1993). \nlimited license. A license that is narrow in scope or \nnarrower than another license granted for the same \npurpose, or a license subject to conditions or limita\ntions. \nmechanical license. A grant of the right to produce and \nrelease a copyrighted work in exchange for a royalty \nbased on the number of units manufactured and \nsold. [Cases: Copyrights and Intellectual Property \n(;:::>48.] \nmere license. See bare license. \n\n1004 license bond \nMozilla public license. An open-source license that \nallows software users to modify and publicly dis\ntribute the software, but requires users to release \nthe changed software under the same copyright as \nthe original source code, and to release all claims to \npatent rights . The Mozilla public license was devel\noped for the Netscape and Netscape Communicator \nbrowsers but is not limited to use with them. -Abbr. \nMPL. \nnaked license. 1. A license allowing a licensee to use \na trademark on any goods and services the licensee \nchooses. [Cases: Trademarks C:=> 1208.J 2. See bare \nlicense. \nnonexclusive license. A license of intellectual-prop\nerty rights that gives the licensee a right to use, make, \nor sell the licensed item on a shared basis with the \nlicensor and possibly other licensees. \nnonmetered license. Patents. An agreement to allow a \npatent's use in exchange for a flat percentage ofsales, \nregardless ofhow much the patent is actually used . \nThe Supreme Court rejected a nonmetered license as \npatent misuse, saying the buyer has a right to insist \non paying only for actual use. Zenith Radio Co. v. \nHazeltine Research, Inc., 395 U.S. 100, 89 S.Ct. 1562 \n(1969). See PATENT-MISUSE DOCTRINE. (Cases: Patents \n(:::=>218(5).] \noff-sale license. A state-issued permit to sell alcoholic \nbeverages that may be taken away from and consumed \noff the premises. Also termed off-premises license. \nCf. on-sale license. [Cases: Intoxicating Liquors \n59.] \non-sale license. A state-issued permit to sell alcoholic \nbeverages to be consumed on the premises only. \nAlso termed on-premises license. Cf. off-sale license. \n[Cases: Intoxicating Liquors C:=>S9.] \nopen-source license. A license that allows open-source \nsoftware users to copy, distribute, or modify the \nsource code, and publicly distribute derived works \nbased upon the source code. -Open-source licenses \nusu. do not require royalty or other fees on distri\nbution. The license typically reqUires a user who \nredistributes original or modified software that was \nreceived under an open-source license to provide \nthe original license terms, including all disclaimers, \nto all future users, and to distribute the source code \nwith any machine-executable software. It is unclear \nwho has the right or power to enforce the terms ofan \nopen-source license. Sometimes termed general\npublic license. [Cases: Copyrights and Intellectual \nProperty C:=> 107.] \nproprietary license. A license that restricts a software \nuser's ability to copy, distribute, or modify the \nsoftware. \nshrink-wrap license. (1984) A license printed on the \noutside of a software package to advise the buyer \nthat by opening the package, the buyer becomes \nlegally bound to abide by the terms of the license . \nShrink-wrap licenses usu. seek to (1) prohibit users from making unauthorized copies of the software, (2) \nprohibit modifications to the software, (3) limit use of \nthe software to one computer, (4) limit the manufac\nturer's liability, and (5) disclaim warranties. Also \nwritten shrinkwrap license. Also termed box-top \nlicense; tear-me-open license. See POINT-AND-CLICK \nAGREEMENT. [Cases: Copyrights and Intellectual \nProperty C=' 107.] \nsite license. Copyright. A software license that allows \na company to install a set number of copies on indi\nvidual computers within the company. \nsynchronization license. A license to reproduce and \nsynchronize a copyrighted musical composition with \nvisual images that are not covered by the musical \nwork's copyright. _ Synchronization rights are \ncommonly associated with audiovisual productions, \nsuch as music videos or movies. [Cases: Copyrights \nand Intellectual Property C:;)48, 107.] \ntear-me-open license. See shrink-wrap license. \nuse-based license. An open-source software license \nto which the user assents by acting according to the \nlicense's terms, namely by using, modifying, or dis\ntributing the licensed software . Unlike a point-and\nclick agreement, the user does not have to expressly \ndeclare acceptance of the license terms before using \nthe software. [Cases: Copyrights and Intellectual \nProperty C:=> 107.] \nlicense bond. See BOND (2). \nlicense coupled with the grant ofan interest. See Ii cense \ncoupled with an interest under LICENSE. \nlicensee. (I864) 1. One to whom a license is granted. \n2. One who has permission to enter or use another's \npremises, but only for one's own purposes and not for \nthe occupier's benefit. _ The occupier has a duty to warn \nthe licensee ofany dangerous conditions known to the \noccupier but unknown to the licensee. An example of \na licensee is a social guest. Cf. INVITEE; TRESPASSER. \n[Cases: Licenses C:=>43.] \nbare licensee. (1864) A licensee whose presence on the \npremises the occupier tolerates but does not necessar\nily approve, such as one who takes a shortcut across \nanother's land. Also termed naked licensee; mere \nlicensee. [Cases: Licenses (::::;)43.] \nlicensee by invitation. (1894) One who is expressly \nor impliedly permitted to enter another's premises \nto transact business with the owner or occupant or \nto perform an act benefiting the owner or occupant. \n[Cases: Licenses C-\"43.] \nlicensee by permission. (1894) One who has the owner's \npermission or passive consent to enter the owner's \npremises for one's own convenience, curiosity, or \nentertainment. [Cases: Licenses C:=>43.] \nlicensee with an interest. See INVITEE. \nmere licensee. See bare licensee. \nnaked licensee. See bare licensee. \n\n1005 \nlicense fee. 1. A monetary charge imposed by a govern\nmental authority for the privilege of pursuing a par\nticular occupation, business, or activity. -Also termed \nlicense tax. [Cases: Licenses 2. A charge of this \ntype accompanied by a requirement that the licensee \ntake some action, or be subjected to regulations or \nrestrictions. [Cases: Licenses 0=> 1.] \nlicense in amortization. Hist. A license authorizing the \nconveyance of property otherwise invalid under the \nstatutes ofmortmain. See MORTMAIN. \nlicenser. See LICENSOR. \nlicense tax. See LICENSE FEE (1). \nlicenSing. (15c) 1. The sale of a license authorizing \nanother to use something (such as computer software) \nprotected by copyright, patent, or trademark. [Cases: \nCopyrights and Intellectual Property 0=>48; Patents \n0=>206; Trademarks 1202.] 2. A governmental \nbody's process of issuing a license. -Also termed \nlicensure. [Cases: Licenses 0=> I.] \nlicensor. One who grants a license to another. -Also \nspelled licenser. [Cases: Licenses \nlicensure. See LICENSING (2). \nlicentia (li-sen-shee-d), n. [fro Latin licere \"to be lawful\") \nHist. License; permission. \nlicentia concordandi (li-sen-shee-<l kon-kor-dan-dI), \nn. [Law Latin \"license to agree\"] Hist. One of the \nproceedings on levying a fine of lands. See CONGE \nD'ACCORDER. \n'The licentia concordandi, or leave to agree the suit. For, \nas soon as the action is brought, the defendant knowing \nhimself to be in the wrong, is supposed to make over\ntures of peace and accommodation to the plaintiff. Who, \naccepting them, but having, upon suing out the writ, given \npledges to prosecute his suit, which he endangers if he now \ndeserts it without license, he therefore applies to the court \nfor leave to make the matter up.\" 2 William Blackstone, \nCommentaries on the Laws of England 350 (1766). \nlicentia loquendi (li-sen-shee-<lloh-kwen-dI). [Latin \n\"license to speak\"] See IMPARLANCE. \nlicentia surgendi (li-sen-shee-<l S<lr-jen-dI), n. [Law Latin \n\"license to arise\"] Hist. Permission or writ from the \ncourt to a tenant in a real action to get out ofbed and \nappear in court, following the tenant's earlier plea of \ninability to appear because ofillness that confined the \ntenant to bed. The tenant could lose the case by default \nfor falsely claiming illness. See DE MALO; ESSOIN. \nlicentiate (h-sen-shee-<lt), II. (16c) One who has obtained \na license or authoritative permission to exercise some \nfunction, esp. to practice a profession <a licentiate in \nlaw should be held to high ethical standards>. \nlicentia transfretandi. See DE LICENTIA TRANS\nFRETANDI. \nlicentious (lI-sen-sh<ls), adj. (16c) Lacking or ignoring \nmoral or legal restraint, esp. in sexual activity; lewd; \nlascivious. -licentiousness, n. \nlicere (li-seer-ee), vb, [Latin] Roman law. To be allowed \nby law . The stipulation habere licere guaranteed the \nbuyer indemnity from eviction. liege lord \nliceri. See LICITARI. \nlicet (II-set or IiS-;lt). [Latin] Hist. 1. It is permitted; it is \nlawful. 2. It is conceded; it is granted. \nlicit (lis-it), adj. (15c) Not forbidden by law; permitted; \nlegal. licitly, adv. \nlicitari (Iis-<l-tair-ee), vb. [Latin] Roman law. To bid for \nan item, esp. repeatedly during the same sale"}
{"text": "<l-tair-ee), vb. [Latin] Roman law. To bid for \nan item, esp. repeatedly during the same sale. -Also \ntermed liceri. \nlicitation (lis-<l-tay-sh;ln). (l7c) 1. The offering for sale or \nbidding for purchase at an auction; esp., in civil law, a \njudicial sale of property held in common. See La. Civ. \nCode art. 811. [Cases: Husband and Wife 0=>272(4), \n272(5); Partition C:,-o99.] 2. CANT. \nlicitator (lis-<l-tay-t<lr), n. [Latin] Roman law. The bidder \nat a sale. \nlictor (lik-tdr), n. [Latin] Roman law. An officer who \naccompanied a magistrate having imperium and tra\nditionally carried a bundle of rods and an ax, symbol\nizing the magistrate's powers oflife and death and of \ncorporal punishment over citizens. See IMPERIUM. \nLidford law (lid-f<lrd). Hist. A form oflynch law permit\nting a person to be punished first and tried later.  The \nterm took its name from the English town of Lidford \n(now Lydford) where this type of action supposedly \ntook place. Cf. Jedburgh justice under JUSTICE (1). \nlie, vb. (bef. 12c) 1. To tell an untruth; to speak or write \nfalsely <she lied on the witness stand>. See PERJURY. Cf. \nFABRICATE. [Cases: PerjuryC=)12.j2. To havefounda\ntion in the law; to be legally supportable, sustainable, \nor proper <in such a situation, an action lies in tort>. 3. \nI To exist; to reside <final appeal lies with the Supreme \nCourt>. \nLieber Code. A codification of rules and customs of \nwarfare, which set out the humane and ethical treat\nment of persons . It was first developed by Francis \nLieber during the American Revolution, formally \nadopted as law by Abraham Lincoln during the Civil \nWar, and used as the basis for the first codified inter\nnational rules oflaw at The Hague Peace Conference of ! 1899. The rules were extended and refined in another \n! Hague convention in 1907, and became known as the \nLaw ofThe Hague. See LAW OF THE HAGUE. \nlie detector. See POLYGRAPH. \nliege (Ieej), adj. (14c) Hist. 1. Entitled to feudal alle\ngiance and service. 2. Bound by feudal tenure to a lord \nparamount; owing allegiance and service. 3. Loyal; \n! \tfaithful. Also termed ligius. \nI liege, n. Hist. 1. A vassal bound to feudal allegiance. \n! \tAlso termed liege man; liege woman. 2. A loyal subject of \na monarch or other sovereign. 3. A feudal lord entitled \nto allegiance and service; a sovereign or superior \nlord. -A]so termed (in sense 3) liege lord. \nliegeance. See LIGEANCE. \nliege homage, n. Hist. Homage paid by one sovereign to \nanother, including pledges ofloyalty and services. \nliege lord, n. Hist. See UEGE (3). \n\nliege man, n. Hist. See LIEGE (1). \nliege poustie (leej pow-steel. [Law French \"liege power\" \nfro Latin legitima potestas \"lawful power\"] Scots law. The \nlawful power ofone in good health, as a result ofwhich \nthe person might dispose of heritable property . The \nphrase often appeared attributively, as in liege poustie \nconveyance. Cf. LEGITIMA POTESTAS. \n\"LIEGE POUSTIE; is that state of health which gives a person \nfull power to dispose mortis causa, or otherwise, of his \nheritable property, The term, according to our institutional \nwriters, is derived from the words legitima potestas, signi\nfying the lawful power of disposing of property at pleasure. \nIt is used in contradistinction to deathbed -a liege poustie \nconveyance being a conveyance not challengeable on the \nhead of deathbed .... The tests of liege poustie, opposed \nto the presumption of deathbed, are survivance during \nsixty days, and going to kirk or market unsupported: \nWilliam Bell, Bell's Dictionary and Digest of the Law Of \nScotland 662 (George Watson ed., 7th ed. 1890). \n\"[AI liege poustie conveyance being one not challengeable \nby the heir on the ground of death-bed. This condition of \nhealth the granter of a deed was held to have enjoyed, if at \nthe time of granting it he was not affected by the disease \nof which he died, or if, after executing it, he attended kirk \nor market, unsupported, or survived for sixty days.\" John \nTrayner, Trayner's Latin Maxims 329 (4th ed. 1894). \nlieger, n. Archaic. See LEDGER (2). \nliege subject. See natural-born subject under SUBJECT. \nliege woman, n. Hist. See LIEGE (1). \nlie in franchise, vb. Hist. (Of wrecks, waifs, strays, etc.) \nto be seizable without judicial action. \nlie in grant, vb. Hist. (Of incorporeal hereditaments) to \nbe passable by deed or charter without the ceremony \noflivery ofseisin. \nlie in livery, vb. Hist. (Of corporeal hereditaments) to be \npassable by livery ofseisin rather than by deed. \nlien (leen or lee-;:m), n. (16c) A legal right or interest that \na creditor has in another's property, lasting usu. until \na debt or duty that it secures is satisfied . Typically, \nthe creditor does not take possession of the property \non which the lien has been obtained. Cf. PLEDGE (3). \n[Cases: Liens -lien, vb. lienable, liened, \nadj. \naccountant's lien. The right ofan accountant to retain \na client's papers until the accountant's fees have been \npaid. \nagent's lien. A lien against property of the estate, in \nfavor ofan agent, to secure the agent's compensation \nas well as all necessary expenses incurred under the \nagent's power. [Cases: Principal and Agent C='J 90.] \nagister's lien (~-jis-t<lrz). A lien on the animals under \nan agister's care, to secure payment ofthe agister's fee. \nSee AGISTER; AGISTMENT. [Cases: Animals (;:=-26.J \nagricultural lien. 1. A statutory lien that protects a \nseller offarming equipment by giving the seller a lien \non crops grown with the equipment. [Cases: Agricul\nture C= 10.]2. Secured transactions. An interest (other \nthan a security interest) in farm products having three \ncharacteristics: (1) it must secure payment or perfor\nmance ofan obligation for goods or services furnished in connection with a debtor's farming operation, or \nof an obligation for rent on real property leased by \na debtor in connection with farming; (2) it must be \ncreated by statute in favor of a person either who in \nthe ordinary course ofbusiness furnished goods or \nservices to a debtor in connection with the debtor's \nfarming, or who leased real property to a debtor in \nconnection with the debtor's farming; and (3) the \neffectiveness of the interest must not depend on the \nperson's possession of the personal property. VCC \n 9-102(a)(5). \narchitect's lien. A statutory lien on real property in \nfavor ofan architect who has drawn the plans for and \nsupervised the construction ofimprovements on the \nproperty. [Cases: Mechanics' Liens (;:=-36.] \nartisan's lien. See mechanic's lien. \nattachment lien. A lien on property seized by prejudg\nment attachment.  Such a lien is initially inchoate but \nbecomes final and perfected upon entry ofa judgment \nfor the attaching creditor and relates back to the date \nwhen the lien first arose. -Also termed lien ofattach\nment. See ATTACHMENT. [Cases: Attachment (;:=-177; \nFederal Civil Procedure (;:=-589.] \nattorney's lien. The right of an attorney to hold or \nretain a client's money or property (a retaining lien) or \nto encumber money payable to the client (a charging \nlien) until the attorney's fees have been properly \ndetermined and paid. [Cases: Attorney and Client \n(;::::171.] \nbanker's lien. The right ofa bank to satisfy a custom\ner's matured debt by seizing the customer's money or \nproperty in the bank's possession. [Cases: Banks and \nBanking (;:=-134, 136.) \nblanket lien. A lien that gives a creditor the entitlement \nto take possession of any or all of the debtor's real \nproperty to cover a delinquent loan. \ncarrier'sUen. A carrier's right to retain possession of \ncargo until the owner of the cargo pays its shipping \ncosts. [Cases: Carriers (;:=-197.] \ncharging lien. 1. An attorney's lien on a claim that the \nattorney has helped the client perfect, as through a \njudgment or settlement. [Cases: Attorney and Client \n(;:=-171.]2. A lien on specified property in the debtor's \npossession. \nchattel lien. See mechanic's lien. \nchoate lien (koh-it). A lien in which the lienholder, the \nproperty, and the monetary amount are established so \nthat the lien is perfected and nothing else needs to be \ndone to make it enforceable. [Cases: Internal Revenue \n(;:=-4781; Liens (;:=-1, 12.] \ncommon-law lien. 1. A lien granted by the common \nlaw, rather than by statute, equity, or agreement by \nthe parties. [Cases: Liens (;:::) 1.] 2. The right of one \nperson to retain possession ofproperty belonging to \nanother until certain demands ofthe possessing party \nare met. This type oflien, unlike an equitable lien, \ncannot exist without possession. \n\n1007 \nconcurrent lien. One of two or more liens of equal \npriority attaching to the same property. \nconstruction lien. See mechanic's lien. \nconsummate lien (kan-s<lm-it). A judgment lien \narising after the denial of a motion for a new trial. \nCf. inchoate lien. \nconventional lien. A lien that is created by the express \nagreement of the parties, in circumstances in which \nthe law would not create a lien. \ndeferred lien. A lien effective at a future date, as dis\ntinguished from a present lien that is currently pos\nsessory. \ndemurrage lien (di-m<lr-ij). A carrier's lien on goods \nfor any unpaid demurrage charges. See DEMURRAGE. \n[Cases: Shipping (';:;:> 185.] \ndragnet lien. A lien that is enlarged to cover any addi\ntional credit extended to the debtor by the same \ncreditor. [Cases: Secured Transactions C-::::> 114.J \nequitable lien. A right, enforceable only in equity, \nto have a demand satisfied from a particular fund \nor specific property, without having possession of \nthe fund or property . It arises mainly in four cir\ncumstances: (1) when an occupant of land, believ\ning in good faith to be the owner of that land, makes \nimprovements, repairs, or other expenditures that \npermanently increase the land's value, (2) when one ! \nof two or more joint owners makes expenditures of i \nthat kind, (3) when a tenant for life completes per- i \nmanent and beneficial improvements to the estate I \nbegun earlier by the testator, and (4) when land or i \nother property is transferred subject to the payment \nof debts, legacies, portions, or annuities to third \npersons. Also termed equitable levy. [Cases: Liens \n(:::::: 7.] \nexecution lien. A lien on property seized by a levy of \nexecution. Such a lien gives the execution creditor \npriority over later transferees of the property and \nover prior unrecorded conveyances of interests in \nthe property. See EXECUTION (3). [Cases: Execution \n(';:;:>106.] \nfactor's lien. A lien, usu. statutory, on property held on \nconsignment by a factor . It allows the factor to keep \npossession of the property until the account has been \nsettled. See DCC  9-102(2). See FACTOR (2). lCases: ! \nFactors \nfirst lien. A lien that takes priority over all other \ncharges or encumbrances on the same property and \nthat must be satisfied before other charges may share \nin proceeds from the property's sale. \nfloating lien. 1. A lien that is expanded to cover any \nadditional property obtained by the debtor while the \ndebt is outstanding. [Cases: Secured Transactions \nC=-J 116.] 2. A lien that continues to exist even when \nthe collateral changes in character, classification, or \nlocation. -Also termed floating charge. \ngarnishment lien. A lien on a debtor's property held \nby a garnishee . Such a lien attaches in favor ofthe lien \ngarnishing creditor when a garnishment summons is \nserved and also impounds any credits the garnishee \nowes the debtor so that they must be paid to the gar\nnishing creditor. Also termed lien ofgarnishment. \nSee GARNISHMENT. [Cases: Federal Civil Procedure \nC-'-:::)609; Garnishment (';:;:> 106.J \ngeneral lien. A possessory lien by which the lienholder \nmay retain any of the debtor's goods in the lienhold\ner's posseSSion until any debt due from the debtor, \nwhether in connection with the retained goods or oth\nerwise' has been paid . Factors, insurance brokers, \npackers, stockbrokers, and bankers have a general lien \nover the property of their clients or customers. Cf. \nparticular lien. \n\"The usage of any trade sufficient to establish a general \nlien, must ... have been so uniform and not"}
{"text": "\nparticular lien. \n\"The usage of any trade sufficient to establish a general \nlien, must ... have been so uniform and notorious, as to \nwarrant the inference that the party against whom the right \nis claimed had knowledge of it. This general lien may also \nbe created by express agreement; as, where one or more \npersons give notice that they will not receive any property \nfor the purpose of their trade or bUSiness, except on condi\ntion that they shall have a lien upon it, not only in respect \nto the charges arising on the particular goods, but for the \ngeneral balance of account. All persons who afterwards \ndeal with them, with the knowledge of such notice, will be \ndeemed to have acceded to that agreement.\" 2 James Kent, \nCommentaries on American Law *637 (George Comstock \ned., 11 th ed. 1866). \ngrantor's lien. See vendor's lien (1). \nhealthcare lien. A statutory lien asserted by an HMO, \ninsurer, medical group, or independent practice asso\nciation against those liable to the patient for damages, \nto recover money paid or claim money payable for \nhealthcare services proVided under a healthcare \nservice plan or a disability insurance policy. -Also \ntermed medical lien. Cf. hospital lien; workers'-com\npensation lien. \nhospital lien. A statutory lien asserted by a hospital to \nrecover the costs of emergency and ongoing medical \nand other services. lhe lien applies against any \njudgment, compromise, or settlement received by \na hospital patient either from a third person who \ncaused the patient's injuries or from the third person's \ninsurer. See healthcare lien. [Cases: Health ~961.] \nhotelkeeper's lien. A possessory or statutory lien \nallowing an innkeeper to hold, as security for \npayment, personal property that a guest brought into \nthe hotel. Also termed innkeeper's lien. [Cases: Inn\nkeepers (';:;:> 13.] \ninchoate lien (in-koh-it). A judgment lien that may be \ndefeated if the judgment is vacated or a motion for \nnew trial is granted. Cf. consummate lien. \ninnkeeper's lien. See hotelkeeper's lien. \ninvoluntary lien. A lien arising without the debtor's \nconsent. \njudgment lien. A lien imposed on a judgment debtor's \nnonexempt property . This lien gives the judgment \ncreditor the right to attach the judgment debtor's \nproperty. -Also termed lien ofjudgment. See EXEMPT \n\n1008 lien \nPROPERTY. [Cases: Federal Civil Procedure \nJudgment (;::>752-802.J \njudicial lien. A lien obtained by judgment, levy, seques\ntration, or other legal or equitable process or pro\nceeding . Ifa debtor is adjudged to owe money to a \ncreditor and the judgment has not been satisfied, the \ncreditor can ask the court to impose a lien on specific \nproperty owned and possessed by the debtor. After \nthe court imposes the lien, it usu. issues a writ direct\ning the local sheriff to seize the property, sell it, and \nturn over the proceeds to the creditor. [Cases: Federal \nCivil Procedure Judgment (;::>752.] \njunior lien. A lien that is subordinate to one or more \nother liens on the same property. \nlaborer's lien. See mechanic's lien. \nlandlord's lien. 1. At common law, a lien that gave a \nlandlord the right to seize a tenant's property and sell it \npublicly to satisfy overdue rent. See DISTRESS. 2. Gen\nerally, a statutory lien on a tenant's personal property \nat the leased premises in favor of a landlord who \nreceives preferred-creditor status on that property . \nSuch a lien usu. secures the payment ofoverdue rent \nor compensation for damage to the premises. [Cases: \nLandlord and Tenant (;::>239-257.] \nlien ofattachment. See attachment lien. \nlien offactor at common law. Hist. A lien not created by \nstatute; a common-law lien. [Cases: Factors C;:;)47.] \nlien ofgarnishment. See garnishment lien. \nlien ofjudgment. See judgment lien. \nmanufacturer's lien. A statutory lien that secures \npayment for labor or materials expended in produc\ning goods for another. \nmaritime lien. A lien on a vessel, given to secure the \nclaim ofa creditor who provided maritime services to \nthe vessel or who suffered an injury from the vessel's \nuse. Also termed tacit hypothecation. [Cases: \nMaritime Liens \n\"The maritime lien has been described as one of the most \nstriking peculiarities of Admiralty law, constituting a charge \nupon ships of a nature unknown alike to common law and \nequity. It arises by operation of law and exists as a claim \nupon the property, secret and invisible. A maritime lien \nmay be defined as: (1) a privileged claim, (2) upon maritime \nproperty, (3) for service done to it or injury caused by it, \n(4) accruing from the moment when the claim attaches, (5) \ntravelling with the property unconditionally, (6) enforced \nby means of an action in rem.\" Griffith Price, The Law of \nMaritime Liens 1 (1940). \nmechanic's lien. A statutory lien that secures payment \nfor labor or materials supplied in improving, repair\ning, or maintaining real or personal property, such as \na building, an automobile, or the like. Also termed \nartisan's lien; chattel lien (for personal property); con\nstruction lien (for labor);garageman's lien (for repaired \nvehicles); laborer's lien (for labor); materialman's lien \n(for materials). [Cases: Bailment (;::>'18(2); Mechan\nics' Liens (;::> 1.] \nmedical lien. See healthcare lien. mortgage lien. A lien on the mortgagor's property \nsecuring the mortgage. [Cases: Mortgages <8::::145.] \nmunicipal lien. A lien by a municipal corporation \nagainst a property owner for the owner's proportion\nate share of a public improvement that specially and \nindiVidually benefits the owner. [Cases: Municipal \nCorporations (;::>519.J \nparticular lien. A possessory lien by which the pos\nsessor of goods has the right to retain specific goods \nuntil a debt incurred in connection with those goods \nhas been paid. - Also termed special lien. Cf. general \nlien. \n\"A general lien is the right to retain the property of another, \nfor a general balance of accounts; but a particular lien is \na right to retain it only for a charge on account of labor \nemployed or expenses bestowed upon the identical \nproperty detained. The former is taken strictly. but the \nlatter is favored in law. The right rests on principles of \nnatural equity and commercial necessity, and it prevents \ncircuitry of action, and gives security and confidence, ...\" 2 \nJames Kent, Commentaries on American Law *634 (George \nComstock ed., 11th ed. 1866), \npossessory garageman's lien. A lien on a vehicle in \nthe amount of the repairs performed by the garage. \n[Cases: Automobiles (;::>374.] \npossessory lien. A lien allOWing the creditor to keep \npossession of the encumbered property until the \ndebt is satisfied . A power of sale mayor may not \nbe combined with this right ofpossession. Examples \ninclude pledges of chattels, the liens of innkeepers, \ngarageman's liens, and vendor's liens. See PLEDGE. \nprior lien. A lien that is superior to one or more other \nliens on the same property, usu. because it was per\nfected first. Also termed priority lien. \nretaining lien. An attorney's right to keep a client's \npapers until the client has paid for the attorney's \nservices . The attorney's retaining lien is not rec\nognized in some states. [Cases: Attorney and Client \nC=>: 171, 182(3).] \nsecond lien. A lien that is next in rank after a first lien \non the same property and therefore is next entitled to \nsatisfaction out of the proceeds from the property's \nsale. \nsecret lien. A lien not appearing ofrecord and unknown \nto purchasers; a lien reserved by the vendor and kept \nhidden from third parties, to secure the payment of \ngoods after delivery. \nsenior lien. A lien that has priority over other liens on \nthe same property. \nspecial lien. See particular lien. \nspecific lien. A lien secured on a particular thing by a \ncontract or by a judgment, execution, attachment, or \nother legal proceeding. \nstatutory lien. 1. A lien arising solely by force ofstatute, \nnot by agreement of the parties . Examples are \nfederal tax liens and mechanic's liens. 2. Bankruptcy. \nEither of two types of liens: (1) a lien arising solely \nby force of a statute on specified circumstances or \n\n1009 \nconditions, or (2) a lien ofdistress for rent, whether or \nnot statutory . For bankruptcy purposes, a statutory \nlien does not include a security interest or judicial \nlien, whether or not the interest or lien arises from \nor is made effective by a statute. [Cases; Bankruptcy \n(;:::>2580,2583.] \nsuperlien. See SUPERLIEN. \ntax lien. 1. A lien on property, and all rights to property, \nimposed by the federal government for unpaid federal \ntaxes. [Cases; Internal Revenue ~4765-4806.]2. A \nlien on real estate in favor of a state or local govern\nment that may be foreclosed for nonpayment of taxes. \n A majority of states have adopted the Uniform \nFederal Tax Lien Registration Act. [Cases: Taxation \n~2730, 3553, 3696.] \nvendee's lien. Real estate. A buyer's lien on the pur\nchased land as security for repayment of purchase \nmoney paid in, enforceable if the seller does not or \ncannot convey good title. [Cases: Vendor and Pur\nchaser (;:)337.) \nvendor's lien. 1. Real estate. A seller's lien on land as \nsecurity for the purchase price . This lien may be \nforeclosed in the same way as a mortgage: the buyer \nusu. has a redemption period within which to pay \nthe full purchase price. -Also termed grantor's lien. \n[Cases: Vendor and Purchaser (;:::>246.]2. A lien held \nby a seller of goods, who retains possession of the \ngoods until the buyer has paid in full. [Cases; Sales \n(;:::300.] \nvoluntary lien. A lien created with the debtor's \nconsent. \nwarehouser's lien. A lien covering storage charges for \ngoods stored with a bailee. -Also termed warehouse\nman's lien. [Cases: Warehousemen ~29.] \nworkers'-compensation \t lien. 1. A statutory lien, \nasserted by a health care provider, to recover the costs \nofemergency and ongoing medical and other services. \n The lien applies against any workers' -compensation \nbenefits paid to a patient. [Cases: Workers' Compen\nsation ~986.1 2. A statutory lien, asserted by a \nworkers' -compensation insurance carrier, against an \ninsured worker's recovery from a third-party tortfea\nsor, to recover benefits paid to the injured worker. \nAlso termed workers'-compensation subrogation lien. \nCf. healthcare lien. [Cases: Workers' Compensation \n(;:=2252.] \nlienable, adj. (Of property) legally amenable to a lien; \ncapable ofbeing subject to a lien. \nlien account. See ACCOUNT. \nlien avoidance. Bankruptcy. A debtor's depriving a \ncreditor of a security interest in an asset of the bank\nruptcyestate. 11 USCA  506(d), 522(f). [Cases: Bank\nruptcy~2571-2588, 2784.] \nlien creditor. See CREDITOR. \nlienee (Ieen-ee or lee-dn-ee). 1. One whose property is \nsubject to a lien. 2. An encumbrancer who holds a lien; \nLIENHOLDER. lieutenant commander \n\"[AJ mortgagee is the owner of the property. while a \npledgee or other lienee is merely an encumbrancer of it.\" \nJohn Salmond, Jurisprudence 440 (Glanville l. Williams ed., \n10th ed. 1947). \nlienholder. (1830) A person having or owning a lien. \nAlso termed lienor; lienee. \nlien of a covenant. (1916) The beginning portion of a \ncovenant, stating the names ofthe parties and the char\nacter of the covenant. \nlien ofattachment. See attachment lien under LIEN. \nlien offactor at common law. See LIEN. \nlien ofgarnishment. See garnishment lien under LIEN \nlien of judgment. See judgment lien under LIEN. \nlienor. See LIENHOLDER. \nlien-stripping. Bankruptcy. The practice of splitting a \nmortgagee's secured claim into secured and unsecured \ncomponents and reducing the claim to the market value \nof the debtor's residence, thereby allowing the debtor \nto modify the terms of the mortgage and reduce the \namount ofthe debt.  The U.S. Supreme Court has pro\nhibited lien-stripping in all Chapter 7 cases (Nobelman \nv. American Savs. Bank, 508 U.S. 324, 113 S.Ct. 2106 \n(1993 and in Chapter 13 cases involving a debtor's \nprincipal residence (Dewsnup v. Timm, 502 U.S. 410, \n112 S.Ct. 773 (1992), and the Bankruptcy Reform Act \nof 1994 modified the Bankruptcy Code to prohibit lien\nstripping in Chapter 11 cases involving an individual's \nprincipal residence. [Cases: Bankruptcy (;:::"}
{"text": "\nstripping in Chapter 11 cases involving an individual's \nprincipal residence. [Cases: Bankruptcy (;:::c2575.j \nlien theory. (1882) The idea that a mortgage resembles \na lien, so that the mortgagee acquires only a lien on \nthe property and the mortgagor retains both legal \nand equitable title unless a valid foreclosure occurs . \nMost American states commonlv called lien states, \nlien jurisdictions, or lien-theory ju;isdictions -have \nadopted this theory. Cf. TITLE THEORY. [Cases: Mort\ngages C-=> 136.] \nHen waiver. See WAIVER (2). \nlieu conus (I [y]oo kon-yoo), n. [Law French] Hist. A place \ngenerally known and noticed by those in the area ofit, \nsuch as a castle or manor. \nlieu land. See LAND. \nlieutenancy. The rank, office, or commission ofa lieuten\nant. See COMMISSION OF LIEUTENANCY. \nlieutenant. (14c) 1. A deputy ofor substitute for another; \none acting by vicarious authority <he sent his chief lieu\ntenant to the meeting>. 2. A composite part ofthe title \nofmany government and military officials who are sub\nordinate to others, esp. when the duties of the higher \nofficial may devolve to the subordinate <lieutenant \ngovernor>. 3. In the U.S. Army, a commissioned officer \nnext below captain. 4. In the u.s. Navy, an officer next \nbelow lieutenant commander. \nlieutenant colonel. (16c) In the U.S. military, an officer \nnext below colonel and above major. \nlieutenant commander. (1839) In the U.S. Navy, an \nofficer next below commander and above lieutenant. \n\n1010 lieutenant general \nlieutenant general. (16c) In the u.s. Army, an officer \nnext below four-star general and above major general. \nlieutenant governor. (16c) A deputy or subordinate \ngovernor, sometimes charged with such duties as pre\nsiding over the state legislature, but esp. important as \nthe governor's successor if the governor dies, resigns, \nor becomes disabled. [Cases: States (;::::>42.] \nlife annuity. See ANNUITY. \nlife beneficiary. See BENEFICIARY. \nlife-care contract. (1950) An agreement in which one \nparty is assured of care and maintenance for life in \nexchange for transferring property to the other party. \nCf. CORODY. \nlife estate. See ESTATE (1). \nlife estate pur autre vie. See ESTATE (1). \nlife expectancy. 1. The period that a person ofa given age \nand sex is expected to live, according to actuarial tables. \n[Cases: Evidence (:::;;364.] 2. The period that a given \nperson is expected to live, taking into account indi\nvidualized characteristics such as heredity, past and \npresent diseases, and other relevant medical data. See \nACTUARIAL TABLE; LIFE TABLE. [Cases: Death \nlife-hold. See life land under LAND. \nHfe in being. (1836) Under the rule against perpetuities, \nanyone alive when a future interest is created, whether \nor 'not the person has an interest in the estate. See IN \nBEING; RULE AGAINST PERPETUITIES. Cf. MEASURING \nLIFE. [Cases: Perpetuities \nlife-income periodcertain annuity. See ANNUITY. \nlife insurance. (1809) An agreement between an insur\nance company and the policyholder to pay a specified \namount to a designated beneficiary on the insured's \ndeath. Also termed (in Britain) assurance. See \nASSURANCE (2). [Cases: Insurance 1011.] \n\"Life and accident insurance has been defined as a contract \nwhereby one party. for a stipulated consideration, agrees to \nindemnify another against injury by accident or death from \nany cause not excepted in the contract. Strictly speaking, \nhowever, a contract of life insurance is not one of indem \nnity, but is an absolute engagement to pay a certain sum \nat the end of a definite or indefinite time.\" 43 Am. Jur. 2d \nInsurance  3 (1982). \ncorporate-owned life insurance. A life-insurance \npolicy bought by a company on an employee's life, \nnaming the company as beneficiary. Abbr. COLI. \ncredit life insurance. Life insurance on a borrower, usu. \nin a consumer installment loan, in which the amount \ndue is paid if the borrower dies. [Cases: Insurance \n(;::::> 101 L] \ndecreasing-term life insurance. See decreasing term \ninsurance under INSURANCE. \nendowment life insurance. Life insurance that is \npayable either to the insured at the end of the policy \nperiod or to the insured's beneficiary if the insured \ndies before the period ends. Also termed endow\nment insurance. industrial life insurance. Life insurance characterized \nby (1) a small death benefit (usu. $2,000 or less), (2) \npremium payments that are due weekly, biweekly, \nor monthly and that are collected at home by the \ninsurer's representative, and (3) no required medical \nexamination ofthe insured. -Sometimes shortened \nto industrial insurance. \njoint life insurance. (1920) Life insurance on two or \nmore persons, payable to the survivor or survivors \nwhen one ofthe policyholders dies. \nkey-employee life insurance. Life insurance taken out \nby a company on an essential or valuable employee, \nwith the company as beneficiary. Also termed key\nemployee insurance; key-man insurance; key-person \ninsurance; key-executive insurance. [Cases: Insurance \n(:::;;, 1791(5).] \nlast-survivor life insurance. Life insurance on two \nor more persons, payable after all the insureds have \ndied. -Also termed last-survivor insurance. \nlimited-payment life insurance. Life insurance that \nrequires premium payments for less than the life of \nthe agreement. \nnational-service life insurance. Life insurance avail\nable to a person in active U.S. military service on or \nafter October 8, 1940, and issuable at favorable rates. \n This insurance was established by the National \nService Life Insurance Act of 1940, and is regulated \nby the Administrator of Veterans Affairs. 38 USCA \n 1901-1929. [Cases: Armed Services \nordinary life insurance. 1. Life insurance having an \ninvestment-sensitive cash value, such as whole life \ninsurance or universal life insurance. Ordinary \ninsurance is one ofthree main categories oflife insur\nance. -Often shortened to ordinary insurance. Cf. \ngroup insurance; industrial life insurance. 2. See whole \nlife insurance. \npartnership life insurance. See partnership insurance \n(1) under INSURANCE. \nsingle-premium life insurance. Life insurance that \nis paid for in one installment rather than a series of \npremiums over time. -Also termed single-premium \ninsurance. [Cases: Insurance G::::)2014.] \nsplit-dollar life insurance. An arrangement between \ntwo people (often an employer and employee) by \nwhich life insurance is written on the life of one, \nthough both share the premium payments. On the \ninsured's death or other event terminating the plan, \nthe noninsured person receives the cash value ofthe \ninsurance as reimbursement, and the beneficiary \nnamed by the insured is entitled to the remainder. \nAlso termed split-dollar insurance. [Cases: Insurance \n(;::::> 1011,2037.] \nstraight life insurance. See whole life insurance. \nterm life insurance. Life insurance that covers the \ninsured for only a specified period . It pays a fixed \nbenefit to a named beneficiary upon the insured's \ndeath but is not redeemable for a cash value during \n\n1011 \nthe insured's life. Cf. whole life insurance. [Cases: \nInsurance <.':;=> 1011,2037,2425.] \nuniversal life insurance. Term life insurance in which \nthe premiums are paid from the insured's earnings \nfrom a money-market fund. [Cases: Insurance <.r':::J \n1011.] \nvariable life insurance. Life insurance in which the \npremiums are invested in securities and whose \ndeath benefits thus depend on the securities' perfor\nmance, though there is a minimum guaranteed death \nbenefit. \nwhole life insurance. Life insurance that covers an \ninsured for life, during which the insured pays fixed \npremiums, accumulates savings from an invested \nportion of the premiums, and receives a guaranteed \nbenefit upon death, to be paid to a named beneficiary. \n Such a policy may provide that at a stated time, \npremiums will end or benefits will increase. -Also \ntermed ordinary life insurance; straight life insurance. \nCf. term life insurance. [Cases: Insurance 1011, \n2037.] \nlife-insurance trust. See TRUST. \nlife interest. (I8c) An interest in real or personal property \nmeasured by the duration of the holder's or another \nnamed person's life. See life estate under ESTATE (1). \n[Cases: Life Estates (:::::> 1.] \nlife land. See LAND. \nlifelode. See LIVELODE. \nlife of a writ. The effective period during which a writ \nmay be levied . That period usu. ends on the day \nthat the law or the writ itself provides that it must be \nreturned to court. \nlife-owner. See LIFE TENANT. \nlife peerage. English law. The grant of the noble title of \nbaron to a person for life, offered through letters patent. \n The Life Peerages Act of 1958 first allowed this and \nremoved the disqualifications of women from serving \nin the House of Lords. See PEER. \nlife policy. See INSURANCE POLICY. \nlife-prolonging procedure. See LIFE-SUSTAINING PRO\nCEDVRE. \nlife-qualified jury. See JURY. \nlifer. See NONREMOVABLE INMATE. \nliferent. Scots law. The right to use and enjoy during \na lifetime the property of another (the fiar) without \nconsuming its substance. Also spelled life-rent. See \nVSUFRVCT. \nliferentrix. Archaic. A woman who has a liferent. \nlife sentence. See SENTENCE. \nlife settlement. See viaticai settlement under SETTLE\nMENT. \nlife-sustaining procedure. (1976) A medical procedure \nthat uses mechanical or artificial means to sustain, \nrestore, or substitute for a vital function and that serves lighterage \nonly or mainly to postpone death. -Also termed life\nprolonging procedure. [Cases: Health (:::::>913.J \nlife table. An actuarial table that gives the probable pro\nportions of people who will live to different ages. Cf. \nACTVARIAL TABLE. [Cases: Death C'd65; EvidenceC= \n364.] \nlife tenancy. See life estate under ESTATE (1). \nlife tenant. (16c) A person who, until death, is benefi\ncially entitled to property; the holder ofa life estate. \nAlso termed tenant for life; life-owner. See life estate \nunder ESTATE (1). [Cases: Life Estates \nequitable life tenant. (1880) A life tenant not automati\ncally entitled to possession but who makes an election \nallowed by law to a person of that status such as a \nspouse and to whom a court will normally grant \nposseSSion if security or an undertaking is given. \n[Cases: Life Estates Cr'J 1,6.] \nlegal life tenant. (1886) A life tenant who is automati\ncally entitled to possession by virtue ofa legal estate. \n[Cases: Life Estates \nlifetime gift. See inter vivos gift under GIFT. \nLIFO (lI-foh). abbr. LAST-IN, FIRST-OUT. \nlift, vb. (16c) 1. To stop or put an end to; to revoke or \nrescind <lift the stay>. 2. To discharge or payoff (a debt \nor obligation) <lift a mortgage>. [Cases: Mortgages \n298(1).] 3. Slang. To steal <lift a purse>. \nlifting costs. Oil & gas. The cost of producing oil and \ngas after drilling is complete but before the oil and gas \nis removed from the property, including transporta\ntion costs, labor, costs ofsupervision, supplies, costs of \noperating the pumps, electricity, repairs, depreciation, \ncertain royalties payable to the lessor, gross-production \ntaxes, and other incidental expenses. \nliga (lee-ga), n. [Law Latin] Hist. A league or confedera\ntion. \nligan (II-gan), n. See LAGAN . \nligare (la-gair-ee), vb. [Latin] Hist. 1. To tie or bind. 2. \nTo enter into a treaty or league. \nligea (lee-jee-a), n. [Law Latin] Rist. A female subject; a \nliege woman. See LIEGE (1). \nligeance (II-jants or lee-jants). Rist. 1. The obedience of \na citizen to the citizen's sovereign or government; alle\ngiance. 2. The territory of a state or sovereign. -Also \nspelled liegeance. See LIEGE. [Cases: International Law \n(:::::> 10.3.J \n\"Uegeance is a true and faithful obedience of the subject \ndue to his sovereign; and this liegeance, which is an \nincident inseparable to every subject, is in four manners; \nthe first is natural, the second acquired, the third local, and \nthe fourth legal.\" Termes de fa Ley280 (lst Am. ed. 1812). \nligen, n. See LAGAN. \nligeus (lee-jee-as), n. [Law Latin] Rist. A male subject; a \nliege man. See LIEGE (1). \nlight-and-air easement. See EASEMENT. \nlighterage (lI-tar-ij). 1. The loading and unloading of \ngoods between a ship and a smaller vessel, called a \n\n1012 light most favorable \nlighter, that is able to use a restricted port or dock. \n[Cases: Shipping 134,141.]"}
{"text": "\nlighter, that is able to use a restricted port or dock. \n[Cases: Shipping 134,141.] 2. The compensa\ntion paid for this service. Shipping C=> 147.] 3. \nThe loading and unloading offreight between a railroad \ncar and a ship's side. \nlight most favorable. (1861) The standard of scrutiniz\ning or interpreting a verdict by accepting as true all \nevidence and inferences that support it and disregard\ning all contrary evidence and inferences <in reviewing \nthe defendant's motion for judgment notwithstand\ning the verdict, the court reviewed the evidence in the \nlight most favorable to the verdict>. Also termed \nmost favorable light. [Cases: Federal Civil Procedure \nC=>2543,2609.] \nlights, ancient. See ANCIENT-LIGHTS DOCTRINE. \nlight work. See WORK (1). \nligia et non ligia (Hj-ee-a et non lij-ee-a). [Law Latin] \nScots law. Liege and nonliege. A liege fee was held \nunder the Crown while a nonliege fee was held under \na vassal ofthe Crown. See LIEGE. \nligius (lee-jee-as), n. [Law Latin] Hist. A person bound \nto another by solemn relationship, as between subject \nand sovereign. See LIEGE. \nlignagium (lig-nay-jee-am), n. [Law Latin] Hist. 1. A \nright to cut firewood. 2. The payment for this right. \nligula (lig-ya-lil), n. [Law Latin] Hist. A copy or transcript \nofa court roll or deed. \nlike, adj. (12c) 1. Equal in quantity, quality, or degree; \ncorresponding exactly <like copies>. 2. Similar or sub\nstantially similar dike character>. \nlike-kind exchange. (1963) An exchange of trade, \nbusiness, or investment property (except inventory or \nsecurities) for property ofthe same kind, class, or char\nacter. Such an exchange is not taxable unless cash \nor other property is received. IRC DSCA)  1031). \n[Cases: Internal Revenue \nlike-kind property. (1946) Tax. Property that is ofsuch \na similar kind, class, or character to other property that \na gain from an exchange of the property is not recog\nnized for federal income-tax purposes. See LIKE-KIND \nEXCHANGE. [Cases: Internal Revenue (~3184.1 \nlikelihood-of-confusion test. Trademarks. A test for \ntrademark infringement, based on the probability that \na substantial number ofordinarily prudent buyers will \nbe misled or confused about the source of a product. \n[Cases: Trademarks C=> 1080.] \nlikelihood-of-success-on-the-merits test. Civil proce\ndure. The rule that a litigant who seeks a preliminary \ninjunction, or seeks to forestall the effects ofa judgment \nduring appeal, must show a reasonable probability of \nsuccess in the litigation or appeal. \nlimbo time. The period when an employee is neither on \nduty nor off duty, as a railroad worker awaiting trans\nportation from a duty assignment to the place of final \nrelease. 49 USC A  21l03(b)(4); Brotherhood ofLoco\nmotive Eng'rs v. Atchison, Topeka & Santa Fe R.R., 516 \nU.S. 152, 116 S.Ct. 595 (1996). limenarcha (lim-;m-ahr-ka), n. [Latin] Roman law. An \nofficer in charge ofa harbor or frontier post. \nlimine. See IN LIMINE. \nlimine out (lim-a-nee), vb. (1997) (Of a court) to exclude \n(evidence) by granting a motion in limine <the trial \njudge limined out most of the plaintiff's medical \nrecords>. \nlimit, n. (14c) 1. A restriction or restraint. 2. A boundary \nor defining line. 3. The extent ofpower, right, or author\nity. -limit, vb. limited, adj. \nlimitation. (14c) 1. The act oflimiting; the state ofbeing \nlimited. 2. A restriction. 3. A statutory period after \nwhich a lawsuit or prosecution cannot be brought in \ncourt. Also termed limitations period; limitation \nperiod; limitation ofaction See STATUTE OF LIMITA\nTIONS. Cf. LACHES. [Cases: Criminal LawC= 145.5-160; \nLimitation ofActions C=>1.]4. Property. The restriction \nofthe extent ofan estate; the creation by deed or devise \nofa lesser estate out ofa fee Simple. See WORDS OF LIMI\nTATION. [Cases: Deeds C=>124-134; Wills C=>616.] \ncollateral limitation. Hist. A limitation that makes \nthe duration ofan estate dependent on another event \n(other than the life of the grantee), such as an estate \nto A until B turns 21. \nconditional limitation. (18c) 1. See executory limita\ntion. 2. A lease provision that automatically termi\nnates the lease if a specified event occurs, such as if \nthe lessee defaults. [Cases: Landlord and Tenant \n103(1).] \nexecutory limitation. (18c) A restriction that causes an \nestate to automatically end and revest in a third party \nupon the happening ofa specified event . This type \noflimitation, which was not recognized at common \nlaw, can be created only as a shifting use or an execu\ntory devise. It is a condition subsequent in favor of \nsomeone other than the transferor. -Also termed \nconditional limitation. See fee simple subject to an \nexecutory limitation under FEE SIMPLE. \n\"When a condition subsequent is created in favor of \nsomeone other than the transferor, the Restatement of \nProperty calls the condition subsequent an executory \nlimitation. It calls A's estate an estate in fee simple subject \nto an executory limitation.\" Thomas F. Bergin & Paul G. \nHaskell, Preface to Estates in Land and Future Interests 52 \n(2d ed. 1984). \nlimitation over. (17c) An additional estate created or \ncontemplated in a conveyance, to be enjoyed after the \nfirst estate expires or is exhausted . An example of \nlanguage giving rise to a limitation over is \"to A for \nlife, remainder to B. [Cases: Deeds C=>124-134.] \nspecial limitation. (17c) A restriction that causes an \nestate to end automatically and revert to the grantor \nupon the happening ofa specified event. Seefee simple \ndeterminable under FEE SIMPLE. [Cases: Deeds C=> \n125, 126, 130.J \n\"[I]f a deed or will uses such words as 'for so long as,' \n'while,' 'during,' or 'until' to introduce the circumstances \nunder which an estate may end prior to its running its \nmaximum course, it is generally assumed that a special \n\n1013 \nlimitation was intended,\" Thomas F. Bergin & Paul G. \nHaskell, Preface to Estates in Land and Future Interests 50 \n(2d ed. 1984), \nsupplanting limitation. A limitation involving a sec\nondary gift that is expressed in a clause following the \noriginal gift and that is typically introduced by the \nwords \"but if,\" \"and if,\" or \"in case.\" \n5. ELEMENT (2). \nlimitation of action. See LIMITATION (3). \nlimitation ofassize. Hist. A period prescribed by statute \nwithin which a person is required to allege that the \nperson was properly seised oflands sued for under a \nwrit ofassize. \nlimitation-of-damages clause. (1933) A contractual \nprovision by which the parties agree on a maximum \namount of damages recoverable for a future breach \nof the agreement. Cf. LIQUIDATED-DAMAGES CLAUSE. \n[Cases: Damages (;:::>76.] \nlimitation-of-liabilityact. (1897) A federal or state law \nthat limits the type of damages that may be recov\nered, the liability of particular persons or groups, or \nthe time during which an action may be brought. See \nFEDERAL TORT CLAIMS ACT; sovereign immunity under \nIMMUNITY (1). [Cases: Shipping (;:::>203.] \nlimitation-of-remedies clause. (1974) A contractual \nprovision that restricts the remedies available to the \nparties if a party defaults. _ Under the uec, such a \nclause is valid unless it fails ofits essential purpose or it \nunconscionably limits consequential damages. Cf. LIQ\nUIDATED-DAMAGES CLAUSE; PENALTY CLAUSE. [Cases: \nContracts (;:::>206; Sales (;:::>418(6),426.] \nlimitation on indebtedness. See DEBT LIMITATION. \nlimitation period. See LIMITATION (3). \nlimitations, statute of. See STATUTE OF LIMITATIONS. \nlimitations period. 1. See LIMITATION (3). 2. See STATUTE \nOF LIMITATIONS. \nlimit debate. Parliamentary law. To set a limit on how \nlong debate may continue, or on the number and length \nof speeches. See DEBATE. Cf. CLOSE DEBATE; EXTEND \nDEBATE. \nlimited administration. See ADMINISTRATION. \nlimited admissibility. See ADMISSIBILITY. \nlimited appeal. See APPEAL. \nlimited appearance. See special appearance under \nAPPEARANCE. \nlimited-capacity well. See WELL. \nlimited certiorari. See narrow certiorari under CERTIO\nRARI. \nlimited company. See COMPANY. \nlimited court. See COURT. \nlimited debate. See DEBATE. \nlimited defense. See personal defense under DEFENSE \n(4). limit of liability \nlimited-dividend housing association. An independent \nentity formed by housing developers and used for bor\nrowing funds from a public agency. -The developers \ninvest in the association, agree to limit the return on \ntheir investment to a prescribed percentage, and rent \na defined portion of the housing units to persons of \nlow and moderate income. In exchange the govern\nment lender charges a below-market interest rate, sub\nsidizes rents or interest rates, and may grant other tax \nbenefits. \nlimited divorce. See DIVORCE. \nlimited executor. See EXECUTOR. \nlimited fee. See base fee under FEE (2). \nlimited guaranty. See GUARANTY. \nlimited interdict. See INTERDICT (2). \nlimited interdiction. See partial interdiction under \nINTERDICTION (3). \nlimited interpretation. See restrictive interpretation \nunder INTERPRETATION. \nlimited jurisdiction. See JURISDICTION. \nlimited liability. See LIABILITY. \nlimited-liability company. See COMPANY. \nlimited-liability corporation. See limited-liability \ncompany under COMPANY. \nlimited-liability partnership. See PARTNERSHIP. \nlimited license. See LICENSE (2). \nlimited-market property. See special-purpose property \nunder PROPERTY. \nlimited member. See nonvoting member under \nMEMBER. \nlimited monarchy. See MONARCHY. \nlimited owner. See OWNER. \nlimited partner. See PARTNER. \nlimited partnership. See PARTNERSHIP. \nlimited partnership association. See PARTNERSHIP \nASSOCIATION. \nlimited-payment life insurance. See LIFE INSURANCE. \nlimited policy. See INSURANCE POLICY. \nlimited-policy insurance. See INSURANCE. \nlimited power ofappointment. See POWER OF APPOINT\nMENT. \nlimited publication. See PUBLICATION. \nlimited public forum. See deSignated public forum under \nPUBLIC FORUM. \nlimited-purpose marriage. See MARRIAGE (1). \nlimited-purpose public figure. See PUBLIC FIGURE. \nlimited trust. See TRUST. \nlimited veto. See qualified veto under VETO. \nlimited voting. See VOTING. \nlimited warranty. See WARRANTY (2). \nlimit ofliability. See LIABILITY LIMIT. \n\nlimit order. See ORDER (8). \nLincoln's Inn. One of the Inns of Court. See INN OF \nCOURT (1). \nLindbergh Act. See FEDERAL KIDNAPPING ACT. \nline, n. (14c) 1. A demarcation, border, or limit <the line \nbetween right and wrong>. 2. A person's occupation or \nbusiness <what line of business is Watson in?>. 3. In \nmanufacturing, a series of closely related products. 4. \nThe ancestry ofa person; lineage <the Fergusons came \nfrom a long line of wheat farmers>. \ncollateral line. (16c) A line of descent connecting \npersons who are not directly related to each other as \nascendants or descendants, but who are descendants \nofa common ancestor. [Cases: Descent and Distribu\ntion ~32,37.] \ndirect line. (17c) A line ofdescent traced through only \nthose persons who are related to each other directly \nas ascendants or descendants. [Cases: Descent and \nDistribution ~2S.1 \nmaternal line. (17c) A person's ancestry or relationship \nwith another traced through the mother. \npaternal line. (17c) A person's ancestry or relationship \nwith another traced through the father. \nlinea (lin-ee-J), n. [Latin \"line\"] Hist. A line ofdescent. \nlinea directa (lin-ee-J dJ-rek-tJ). [Latin \"direct line\"] \nRoman law. The relationship among persons in the \ndirect line ofascent and descent, such as grandfather, \nfather, and son. -Also termed linea recta. \nlinea transversa (lin-ee-J trans-vJr-s-J). [Latin \"trans\nverse line\"] Roman law. The relationship between \npersons in collateral lines of descent, such as uncle \nand nephew. -Also termed linea obliqua. \nlineage (lin-ee-Jj). (14c) Ancestry and progeny; family, \nascending or descending. \nlineal (lin-ee-JI), adj. (lSc) Derived from or relating to \ncommon ancestors, esp. in a direct line; hereditary. Cf. \nCOLLATERAL (2). [Cases: Descent and Distribution ~ \n2S.] \nlineal, n. (l8c) A lineal descendant; a direct blood \nrelative. \nlineal ascendant. See ASCENDANT. \nlineal consanguinity. See CONSANGUINITY. \nlineal descendant. See DESCENDANT. \nlineal descent"}
{"text": "\nlineal consanguinity. See CONSANGUINITY. \nlineal descendant. See DESCENDANT. \nlineal descent. See DESCENT. \nlineal heir. See HEIR. \nlineal warranty. See WARRANTY (1). \nlinea obliqua. See linea transversa under LINEA. \nlinea recta. See linea directa under LINEA. \nline item. See ITEM. \nline-item veto. See VETO. \nline ofcredit. (1917) The maximum amount ofborrow\ning power extended to a borrower by a given lender, to be drawn upon by the borrower as needed. -Also \ntermed credit line. \nline ofdemarcation. See DEMARCATION LINE. \nline of title. See CHAIN OF TITLE (1). \nlines and corners. See METES AND BOUNDS. \nlineup. (191S) A police identification procedure in which \na criminal suspect and other physically similar persons \nare shown to the victim or a witness to determine \nwhether the suspect can be identified as the perpetra\ntor of the crime. -Also termed (in BrE) identification \nparade. Cf. SHOWUP. [Cases: Criminal Law <::=339.8.] \nLingle test. Labor law. A test for determining whether a \nunion member's state-law claim against the employer \nis preempted by the Labor-Management Relations \nAct, the controlling principle being that if the state\nlaw claim can be resolved without interpreting the \ncollective-bargaining agreement, then there is no pre\nemption. Lingle v. Norge Division ofMagic Chef, Inc., \n486 U.S. 399, 108 S.Ct. 1877 (1988). See MARCUS MODEL; \nWHITE MODEL. \nlinguistic profiling. Profiling based on vocal charac\nteristics that suggest a speaker's race, sex, or national, \nethnic, or regional origin. This type of profiling \noccurs when the speaker is not visible but can be heard, \nas in a telephone conversation or voice message. Cf. \nRACIAL PROFILING. \nlink, n. (1Sc) 1. A unit in a connected series; something \nthat binds separate things <link in the chain of title>. \n2. A unit ofland measurement <one link equals 7.92 \ninches>. 3. See HYPERLINK. \nlink financing. See FINANCING. \nlink-in-chain principle. (1962) Criminal procedure. The \nprinciple that a criminal defendant's Fifth Amendment \nright against self-incrimination protects the defendant \nnot only from answering directly incriminating ques\ntions but also from giving answers that might connect \nthe defendant to criminal activity in the chain of \nevidence. [Cases: Criminal Law ~393.] \nLIP. abbr. LEGALLY INCAPACITATED PERSON. \nliquere (li-kweer-ee), vb. [Latin] Roman law. To be clear, \nevident, or apparent. When a judex appointed to try \na civil case swore under oath sibi non liquere (\"that it \nwas not clear to him\"), he would be discharged from \ndeciding the case. See NON LIQUET. \nliquid, adj. (1879) 1. (Of an asset) capable ofbeing readily \nconverted into cash. 2. (Of a person or entity) possess\ning assets that can be readily converted into cash. \nliquid asset. See current asset under ASSET. \nliquidate, vb. (l6c) 1. To settle (an obligation) by payment \nor other adjustment; to extinguish (a debt). 2. To ascer\ntain the precise amount of (debt, damages, etc.) by liti\ngation or agreement. 3. To determine the liabilities and \ndistribute the assets of (an entity), esp. in bankruptcy or \ndissolution. 4. To convert (a nonliquid asset) into cash. \n5. To wind up the affairs of (a corporation, business, \netc.). 6. Slang. To get rid of (a person), esp. by killing. \n\n1015 \nliquidated, adj. (18c) 1. (Of an amount or debt) settled \nor determined, esp. by agreement. 2. (Of an asset or \nassets) converted into cash. \nliquidated account. See ACCOUNT. \nliquidated amount. A figure readily computed, based \non an agreement's terms. \nliquidated claim. See CLAIM (3). \nliquidated damages. See DAMAGES. \nliquidated-damages clause. (1873) A contractual pro\nvision that determines in advance the measure of \ndamages if a party breaches the agreement . Tradi\ntionally, courts have upheld such a clause unless the \nagreed-on sum is deemed a penalty for one ofthe fol\nlowing reasons: (1) the sum grossly exceeds the probable \ndamages on breach, (2) the same sum is made payable \nfor any variety ofdifferent breaches (some major, some \nminor), or (3) a mere delay in payment has been listed \namong the events ofdefault. Cf. LIMITATION-OF-REM\nEDIES CLAUSE; PENALTY CLAUSE. [Cases: Damages \n74-84.] \nliquidated debt. See DEBT. \nliquidated demand. See liqUidated claim under CLAIM \n(3). \nliquidating distribution. See DISTRIBUTION. \nliquidating dividend. See liqUidation dividend under \nDIVIDEND. \nliquidating partner. See PARTNER. \nliquidating price. See redemption price under PRICE. \nliquidating trust. See TRUST. \nliquidation, n. (16c) L The act ofdetermining by agree\nment or by litigation the exact amount ofsomething (as \na debt or damages) that before was uncertain. 2. The \nact of settling a debt by payment or other satisfaction. \n3. The act or process of converting assets into cash, esp. \nto settle debts. \none-month liquidation. A special election, available to \ncertain shareholders, that determines how the distri\nbutions received in liquidation by electing sharehold\ners will be treated for federal income-tax purposes . \nTo qualify for the election, the corporation must be \ncompletely liqUidated within one month. IRC  333. \npartial liquidation. A liquidation that does not com\npletely dispose of a company's assets; esp., a liq\nuidation occurring when some corporate assets \nare distributed to shareholders (usu. on a pro rata \nbasiS) and the corporation continues to operate in a \nrestricted form. [Cases: Internal Revenue (::::::;3820.] \ntwelve-month liquidation. A liquidation occurring \nwithin 12 months from adoption of the liqUidation \nplan to complete liquidation, subject to a tax law pro\nhibiting the company from recognizing any gains \nor losses on property sold within that time frame. \n Generally, inventory will not be included unless a \nbulk sale occurs. IRC  337. [Cases: Internal Revenue \n(::::::;3698,3711.] lis pendens \n4. Bankruptcy. The process -under Chapter 7 of the \nBankruptcy Code ofcollecting a debtor's nonexempt \nproperty, converting that property to cash, and distrib\nuting the cash to the various creditors . Upon liqui\ndation, the debtor hopes to obtain a discharge, which \nreleases the debtor from any further personal liability \nfor prebankruptcy debts. See CHAPTER 7. Cf. REHABILI\nTATION (3). [Cases: Bankruptcy C;:)2251.] \nliquidation bankruptcy. See CHAPTER 7 (2). \nliquidation court. See COURT. \nliquidation dividend. See DIVIDEND. \nliquidation preference. See PREFERENCE. \nliquidation price. See PRICE. \nliquidation value. See VALL'E (2). \nliquidator. (1858) A person appointed to wind up a busi\nness's affairs, esp. by selling offits assets. See LIQUIDA\nTION (3), (4). Cf. RECEIVER. \nliquid debt. See DEBT. \nliquidity.!. The quality or state ofbeing readily convert\nible to cash. 2. Securities. The characteristic of having \nenough units in the market that large transactions can \noccur without substantial price variations . Most \nstocks traded on the New York Stock Exchange, for \nexample, have liquidity. \nliquidity ratio. The ratio between a person's or entity's \nassets that are held in cash or liquid form and the \namount of the person's or entity's current liabilities, \nindicating the ability to pay current debts as they come \ndue. \nliquor offense. See OFFENSE (1). \nlis (lis). [Latin] (17c) A piece of litigation; a controversy \nor dispute. \nlis alibi pendens (lis a!-J-bl pen-dJnz). [Latin] l. A \nlawsuit pending elsewhere. 2. Hist. A preliminary \ndefense that a case involVing the same parties and \nthe same subject is pending in another court. See LIS \nPENDENS. \nlis estsopita (lis est sJ-pr-tJ). [Latin] Hist. The suit is con\ncluded; the issues in a case are decided. -Also termed \nlis estfin ita (lis est fi-nr-tJ). \nlis mota (lis moh-tJ), n. [Latin \"a lawsuit moved\"] Hist. \nA dispute that has begun and later forms the basis of \na lawsuit. \nlis pendens (lis pen-dJnz). [Latin] (17c) 1. A pending \nlawsuit. 2. The jurisdiction, power, or control \nacquired by a court over property while a legal action \nis pending. 3. A notice, recorded in the chain of title \nto real property, required or permitted in some juris\ndictions to warn all persons that certain property is \nthe subject matter oflitigation, and that any interests \nacquired during the pendency of the suit are subject \nto its outcome. Also termed (in sense 3) notice oflis \npendens; notice ofpendency. Cf. PENDENTE LITE. [Cases: \nLis Pendens (::::::;1, 12.1.] \n\nlist, n. (13c) 1. A roll or register, as ofnames. 2. A docket \nof cases ready for hearing or trial. See CALENDAR (2); \nDOCKET. \nlist, vb. (bef. 12c) 1. To set down or enter (information) \nin a list. 2. To register (a security) on an exchange so \nthat it may be publicly traded. 3. To place (property) \nfor sale under an agreement with a real-estate agent \nor broker. \nlisted security. See SECURITY. \nlisted security exchange. An organized secondary \nsecurity market operating at a designated location, such \nas the New York Stock Exchange. \nlisted species. See candidate species under SPECIES (1). \nlisted stock. See listed security under SECURITY. \nlister. A person authorized to compile lists of taxable \nproperty for assessment and appraisal; an assessor. \nlisting. (1891) 1. Real estate. An agreement between a \nproperty owner and an agent, whereby the agent agrees \nto try to secure a buyer or tenant for a specific property \nat a certain price and terms in return for a fee or com\nmission. -Also termed listing agreement; authoriza\ntion to sell. [Cases: Brokers C=:c40.] \nexclusive-agency listing. A listing providing that one \nagent has the right to be the only person, other than the \nowner, to sell the property during a specified period. \nAlso termed exclusive listing; exclusive-authorization\nto-sell listing. [Cases: Brokers C=:c40, 46.] \ngeneral listing. See open listing. \nmultiple listing. A listing providing that the agent will \nallow other agents to try to sell the property . Under \nthis agreement, the original agent gives the selling \nagent a percentage of the commission or some other \nstipulated amount. [Cases: Brokers C=:c40, 66.] \nnet listing. A listing providing that the agent agrees to \nsell the owner's property for a set minimum price, \nany amount over the minimum being retained by the \nagent as commission. -Also termed net sale contract. \n[Cases: Brokers C=:c40.] \nopen listing. A listing that allows selling rights to be \ngiven to more than one agent at a time, obligates the \nowner to pay a commission when a specified broker \nmakes a sale, and reserves the owner's right to per\nsonally sell the property without paying a commis\nsion. -Also termed nonexclusive listing; general \nlisting; simple listing. [Cases: Brokers C=:c46.] \n2. Securities. The contract between a firm and a stock \nexchange by which the trading of the firm's securities \non the exchange is handled. See listed security under \nSECURITY. [Cases: Exchanges C=:c 13.10.] \ndual listing. The listing ofa security on more than one \nexchange. \n3. Tax. The creation of a schedule or inventory of a \nperson's taxable property; the list of a person's taxable \nproperty. [Cases: Taxation C=:c2462, 2493.] \nlisting agent. See AGENT (2). listing agreement. See LISTING (1). \nlist of creditors. (1818) A schedule giving the names \nand addresses of creditors, along with amounts owed \nthem. This list is required in a bankruptcy proceed\ning. [Cases: Bankruptcy C=:c2324.] \nlist price. See PRICE. \nlitem (h-tem or -t<:lm). See AD LITEM. \nlitem denuntiare (h-tem d<:l-n<:ln-shee-air-ee). [Latin \n\"to announce a suit\"] Roman law. 1. The summoning \nof a defendant by a magistrate exercising cognitio in \nthe late classical period. 2. The notification by a buyer \nto the seller of a claim by a third party to the things \nsold. -Also spelled litem denunciare. Cf. LITIS DENUN\nTIATIO. \nlitem suam facere (h-tem s[y]oo-<:lm fay-s<:l-ree). [Latin \n\"to make a suit one's own\"] Roman law. (Of a judex) \nto fail in his official duty through imprudence, such \nas not adhering to the formula, or not following due \nprocedure. This failure amounted to misconduct in \nthe judex's duties, and a litigant was given a private \naction against him. The scope ofactionable misconduct \nis not certain. It included not obeying the formula and \nnot adjourning the trial properly, but it may also have \nincluded overt"}
{"text": "not certain. It included not obeying the formula and \nnot adjourning the trial properly, but it may also have \nincluded overt acts of corruption, such as accepting \nbribes. \nlite pendente (h-tee pen-den-tee). [Latin] See PENDENTE \nLITE. \nlitera (lit-<:lr-<:l), n. [Latin \"letter\"] Hist. 1. A letter. 2. \nThe letter of a law, as distinguished from its spirit. PI. \nliterae. -Also spelled littera. See LETTER (3). \nliteracy test. Hist. A test ofone's ability to read and write, \nformerly required in some states as a condition for reg\nistering to vote . Literacy tests were abused at various \ntimes in United States history to preclude minorities \nfrom exercising the right to vote. This practice was \nprohibited by the Voting Rights Act of 1965.42 USCA \n 1971-1974. See South Carolina v. Katzenbach, 383 \nU.S. 301, 86 S.Ct. 8 (1966). [Cases: Elections C=:c59.] \nliterae mortuae (lit-<:lr-ee mor-choo-ee), n. [Latin] Hist. \nDead letters; filler words in a statute. \nliterae patentes (lit-<:lr-ee p<:l-ten-teez), n. [Latin \"open \nletters\"] Hist. A public grant from the sovereign to \na subject, conferring the right to land, a franchise, a \ntitle, liberty, or some other endowment.  The modern \n\"patent\" and, more closely, \"letters patent\" derive from \nthis term. See LETTERS PATENT (1). \n'The term 'patent' is short for 'letters patent,' derived from \nthe Latin literae patentes, meaning open letters. Generally, \nletters patent were letters addressed by the sovereign 'to \nall whom these presents shall come,' reciting a grant of \nsome dignity, office, franchise, or other privilege that has \nbeen given by the sovereign to the patentee.'\" Donald S. \nChisum et aI., Principles of Patent Law 2 (1998). \nliterae procuratoriae (lit-<:lr-ee prok-p-r<:l-tor\nee-ee), n. [Law Latin] Hist. Letters of procuration; \nletters of attorney; power of attorney. See POWER OF \nATTORNEY. \n\n1017 \nliterae recognitionis (lit-~r-ee rek-~g-nish-ee-oh-nis), n. \n[Latin] Hist. A bill oflading. See BILL OF LADING. \nliterae sigillatae (lit-~r-ee sij-~-lay-tee), n. [Latin] Hist. \nSealed letters. _ A sheriff's return on a writ was often \ncalled literae sigillatae. \nliteral, adj. (l6c) According to expressed language. \nLiteral performance ofa condition requires exact com\npliance with its terms. \nliteral canon. See strict constructionism under CON\nSTRUCTIONISM. \nliteral construction. See strict construction under CON\nsTRucTION. \nliteral contract. See CONTRACT. \nlitera legis. See LETTER OF THE LAW. \nliteral infringement. See INFRINGEMENT. \nliteral interpretation. See strict construction under CON\nSTRUCTION. \nliteral proof. See PROOF. \nliteral rule. See strict constructionism under CONSTRUC\nTIONISM. \nliterary, adj. Ofor relating to literature or other written \nforms ofexpression. \nliterary composition. A written expression involv\ning mental effort, arranged in a purposeful order. Cf. \nliterary work under WORK (2). [Cases: Copyrights and \nIntellectual Property C:)5.] \nliterary executor. See EXECUTOR. \nliterary property. 1. The physical property in which an \nintellectual production is embodied, such as a book, \nscreenplay, or lecture. [Cases: Copyrights and Intellec\ntual Property (~41.3.] 2. An owner's exclusive right \nto possess, use, and dispose of such a production. See \nCOPYRIGHT; INTELLECTUAL PROPERTY. [Cases: Copy\nrights and Intellectual Property C=)36.] \n. literary work. See WORK (2). \nliterate, adj. (ISc) 1. Able to read and write a language. \n2. Knowledgeable and educated. -literacy, n. \nliteratura (lit-;n-~-t[yluur-~). n. [Latin fr.litera \"a letter\"] \nHist. Education. _ Ad literaturam ponere means the \nright to educate one's children, esp. male children. \nDuring feudal times, servile tenants could not educate \ntheir children without the lord's consent. \nlitigable (lit-<l-g<l-b<ll), adj. (l8c) Able to be contested or \ndisputed in court <litigable claims>. litigability, n. \nlitigant. (17c) A party to a lawsuit. \ninstitutional litigant. See INSTITUTIONAL LITIGANT. \nself-represented litigant. See PRO SE. \nvexatious litigant. A litigant who repeatedly files frivo\nlow; lawsuits. _ Many jurisdictions have statutes or \nlocal rules requiring a vexatious litigant to obtain \nthe court's permission to file any further lawsuits or \npleadings. The litigant may also be subject to sanc\ntions. [Cases: Action G.'=:c 13; Injunction (;::::>26(4), \n26(5).] litis contestatio \nlitigation, n. 07c) 1. The process ofcarrying on a lawsuit \n<the attorney advised his client to make a generous set\ntlement offer in order to avoid litigation>. 2. A lawsuit \nitself <several litigations pending before the court>. \nlitigate, vb. -litigatory, litigational, adj. \ncomplex litigation. Litigation involving several parties \nwho are separately represented, and usu. involving \nmultifarious factual and legal issues. \n\"What exactly is 'complex litigation'? The problem is that \nno one really knows -or, more accurately perhaps, various \ndefinitions don't agree. Complex civil litigation has an \n'Iknow-itwhen-I-see-it' quality. Nearly everyone agrees \nthat matters like the massive asbestos litigation, the AT&T \nantitrust suit, or the remedial phase of a school desegrega\ntion case are complex. But trying to find a common thread \nthat both describes these cases and distinguishes them \nfrom the run-of-themill car crash is difficult.\" Jay Tidmarsh \n& Roger H. Transgrud, Complex Litigation 1 (2002). \nlitigation costs. See COST (3). \nlitigation hold. See HOLD. \nlitigation-hold letter. A writing that orders the segre\ngation and retention of certain documents and data \nthat are or may be relevant to a threatened or pending \nlitigation or an official investigation. \ninternal litigation-hold letter. A litigation-hold letter \nsent by a company, directly or through its attorneys, \nto its own employees. \nlitigation privilege. See PRIVILEGE (1). \nlitigator. (16c) 1. A trial lawyer. 2. A lawyer who prepares \ncases for trial, as by conducting discovery and pretrial \nmotions, trying cases, and handling appeals. 3. Archaic. \nA party to a lawsuit; a litigant. \nlitigious (li-tij-<ls), adj. (14c) 1. Prone to legal disputes; \ncontentious <our litigious society>. 2. Archaic. Of \nor relating to the subject of a lawsuit <the litigious \nproperty>. 3. Archaic. Ofor relating to lawsuits; litiga\ntory <they couldn't settle the litigious dispute>. liti\ngiousness, litigiosity (li-tij-ee-os<l-tee), n . \nlitigious right. Civil law. A right that cannot be exer\ncised without first being determined in a lawsuit. La. \nCiv. Code art. 2652. -Ifthe right is sold, it must be in \nlitigation at the time ofsale to be considered a litigious \nright. \nlitis aestimatio (b-tis es-t<l-may-shee-oh). [Latin] Roman \nlaw. The judicial estimate of the measure ofdamages. \nlitis contestatio (II-tis kon-tes-tay-shee-oh). [Latin] 1. \nRoman law. The final agreement ofthe parties to a suit \non the formula the praetor would issue to the judex. \nAlso termed contestatio litis. See FORMULA. \n\"Both parties being present, or represented, before the \npraetor, the plaintiff stated the nature of his claim and \nasked for an action. It lay in the discretion of the praetor \nto give or to refuse it. ... If, in the event, the praetor \nrefused any action at ali, or any action which the plaintiff \nwas willing to accept, the matter was at an end .... If. \non the other hand, subject to the direction and approval \nof the praetor, the parties agreed upon the issues to be \nreferred ... [a] document framed in identical terms was \nissued to the judex by the praetor as his authority to act. \nThis ceremonial in which three persons concurred (plain\n\ntiff, defendant, praetor) was the litis contestatio.\" RoW. Lee, \nThe Elements of Roman Law 179-80 (4th ed. 1956). \n2. Hist. A contested point in a lawsuit; a litigable issue \ndeveloped by the litigants' alternating statements. 3. \nCONTESTATION OF SUIT. \nlitis denuntiatio (II-tis da-n;:m-s[h]ee-ay-shee-oh), n. \n[Latin] Civil law. The process by which a land purchaser, \nsued for possession of the land by a third party, notified \nthe land seller and demanded aid in defending the suit \nunder the seller's warranty oftitle. -Also spelled litis \ndenUllciatio. Cf. LITEM DENUNTIARE. \nlitis dominium (II-tis da-min-ee-am), 11. [Latin] See \nDOMINUS LITIS. \nlitis ordinatio (II-tis or-di-nay-shee-oh). [Latin \"the \norder or regulation of a lawsuit\" j Scots law. The form \nunder which a lawsuit is conducted. \nlitispendence (lI-tis-pen-dants). Archaic. The time \nduring which a lawsuit is pending. \nlitteris obligatio (lit-\"r-is ob-ld-gay-shee-oh). [Latin] \nRomall law. An obligation arising from formal, written \nentries in account books; an obligation arising from a \nliteral contract. See literal contract under CONTRACT. \nLittle FTC Act. See UNFAIR TRADE PRACTICES AND \nCONSUMER PROTECTION LAW. \nlittoral (lit-\"r-al), adj. (17c) Ofor relating to the coast or \nshore ofan ocean, sea, or lake <the littoral right to limit \nothers' consumption of the water>. Cf. RIPARIAN. \nlittoral, n. \ntittus maris (lit-as mar-is) [Law Latin \"shore ofthe sea\"] \n1. Ordinary tides or neap tides that occur between the \nfull moon and dark ofthe moon. 2. The shore between \nthe normal high-water and low-water marks. \nlitura (li-t[y)oor-<:l), n. [Latin] Roman law. A blot or \nerasure in a will or other instrument. \nlivelihood. (ISc) A means ofsupporting one's existence, \nesp. financially. \nlivelode. Archaic. Livelihood; maintenance. -Also \ntermed lifelode. \nlivery (liv-a-ree or liv-ree). (1Sc) 1. The delivery of the \npossession of real property. Cf. DELIVERY. 2. Hist. \nAn heir's writ, upon reaching the age of majority, to \nobtain seisin ofhis lands from the king. 3. The boarding \nand care of horses for a fee. 4. A business that rents \nvehicles. \nlivery in chivalry. Hist. The delivery ofpossession ofreal \nproperty from a guardian to a ward in chivalry when \nthe ward reached majority. \nlivery office. An office designated for the delivery of \nlands. \nlivery of seisin. Hist. The ceremony by which a grantor \nconveyed land to a grantee . Livery ofseisin involved \neither (1) going on the land and having the grantor sym\nbolically deliver possession of the land to the grantee \nby handing over a twig, a clod of dirt, or a piece of \nturf (called livery in deed) or (2) going within Sight of \nthe land and having the grantor tell the grantee that possession was being given, followed by the grantee's \nentering the land (called livery ill law). See INVESTI\nTURE; SEISIN. [Cases: Deeds <8=>21.J \n\"[WJe may now pause to wonder how transfer of these \npotentially infinite interests was accomplished. Without a \nmodern system of land records, it would be desirable that \nthe transfer be effected with sufficient ceremony not only \nto mark itself indelibly in the memories of the participants, \nbut also to give notice to interested persons such as the \nmesne lord above the transferor. The central idea was to \nmake ritual livery (meaning 'delivery,' from the Old French \nlivrer) of seisin (meaning, roughly, 'possession,' from the \nOld French saisir or seisir). The transferor and transferee \nwould go to the land to be transferred, and the transferor \nwould then hand to the transferee a lump of soil or a twig \nfrom a tree all the while intoning the appropriate words \nof grant, together with the magical words 'and his heirs' \nif the interest transferred was to be a potentially infinite \none.\" Thomas F. Bergin & Paul G. Haskell, Preface to Estates \nin Land and Future Interests 10-11 (2d ed. 1984). \nlives in being. See LIFE IN BEING. \nlivestock, 11. (18c) Domestic animals and fowls that (1) are \nkept for profit or pleasure, (2) can normally be confined \nwithin boundaries without seriously impairing their \nutility, and (3) do not normally intrude on others' land \nin such a way as to harm the land or growing crops. \nAnimals <8=> 1.5(5)."}
{"text": "' land \nin such a way as to harm the land or growing crops. \nAnimals <8=> 1.5(5).) \nlive storage. The storage of cars in active daily use, rather \nthan cars put away for an extended period . A garage \nowner's responsibility sometimes depends on whether a \ncar is in live or dead storage. Cf. DEAD STORAGE. [Cases: \nAutomobiles <8=>370.] \nlive thalweg. See THALWEG. \nliving, n. One's source ofmonetary support or resources; \nesp., one's employment. \nliving separate and apart. (ISe) Of spouses) living \naway from each other, along with at least one spouse's \nintent to dissolve the marriage . One basis for no-fault \ndivorce in many states exists if the spouses have lived \napart for a specified period. -Sometimes shortened to \nseparate and apart. [Cases: Divorce 37; Husband \nand Wife <8=>272(1).) \nliving-together agreement. See COHABITATION AGREE\nMENT. \nliving trust. See inter vivos trust under TRUST. \nliving will. (1972) An instrument, signed with the for\nmalities statutorily required for a will, by which a \nperson directs that his or her life not be artificially pro\nlonged by extraordinary measures when there is no rea\nsonable expectation ofrecovery from extreme physical \nor mental disability . Most states have living-will leg\nisiation. -Also termed declaration ofa desire for a \nnatural death; directive to physicians. See NATURAL\nDEATH ACT; UNIFORM HEALTH-CARE DECISION ACT. Cf. \nADVANCE DIRECTIVE (1), (2); INSTRUCTION DIRECTIVE. \n[Cases: Health <8=>916.J \nL.J. abbr.!. Law Judge. 2. LAW JOURNAL. 3. LORD JUSTICE \nOF APPEAL. \nL.JJ. abbr. Lords justices. See LORD JUSTICE OF APPEAL. \nL.L. abbr. LAW LATI~. \n\nL.Lat. abbr. LAW LATIN. \nLL.B. abbr. Bachelor of Laws. -This was formerly the law \ndegree ordinarily conferred by American law schools. \nIt is still the normal degree in British law schools. Cf. \nJURIS DOCTOR. \nL.L.c. See limited-liability company under COMPANY. \nLL.D. abbr. DOCTOR OF LAWS. \nLL.J. abbr. Lords justices. See LORD JUSTICE OF APPEAL. \nLL.M. abbr. MASTER OF LAWS. \nLloyd's. See LLOYD'S OF LONDON. \nLloyd's association. See LLOYD'S UNDERWRITERS. \nLloyd's bond. See BOND (3). \nLloyd's insurance. See INSURANCE. \nLloyd's of London. Insurance.!. A London insurance \nmart where individual underwriters gather to quote \nrates and write insurance on a wide variety of risks. \n2. A voluntary association of merchants, shipowners, \nunderwriters, and brokers formed not to write policies \nbut instead to issue a notice of an endeavor to members \nwho may individually underwrite a policy by assuming \nshares ofthe total risk of insuring a client. _ The names \nof the bound underwriters and the attorney-in-fact \nappear on the policy. Also termed Lloyd's; London \nLloyd's. [Cases: Insurance ~1220.] \n\"[Ilt is not the corporation of Lloyd's which undertakes \ninsurance risks and enters into policies of insurance; that \nis done by the individual members of Lloyd's, acting usually \nin groups or 'syndicates,' which are not partnerships or \ncompanies but merely fortuitous aggregations of, say. \nfive, ten, or more members represented in common by \none underwriting agent having power to bind them each \nindividually and separately to contracts of insurance. These \nmembers are frequently referred to as 'names'; and their \nagent is said to 'write' for them. If, as is commonly the \ncase, he also is a member of Lloyd's, then he will 'write' \nfor himself, too.\" 2 Stephen's Commentaries on the Laws of \nEng/and 237 (L Crispin Warmington ed., 21st ed. 1950). \nLloyd's underwriters. An unincorporated association \nof underwriters who, under a common name, engage \nin the insurance business through an attorney-in-fact \nhaving authority to obligate the underwriters severally, \nwithin specified limits, on insurance contracts that the \nattorney makes or issues in the common name. Also \ntermed Lloyd's association; American Lloyd's. [Cases: \nInsurance'C=> 1220.] \nL.L.P. See limited-liability partnership under PARTNER\nSHIP. \nload, n. An amount added to a security's price or to an \ninsurance premium in order to cover the sales commis\nsion and expenses <the mutual fund had a high front\nend load>. -Also termed sales load; acquisition cost. \nload factor. 1. The ratio of a utility customer's usage \nlevels during a given period compared to the custom\ner's demand during peak periods. [Cases: Electricity \n(':::::;, 1l.3.) 2. An analysis of the number of passengers \non an airplane or other common carrier compared to \navailable capacity. \nload fund. See MUTUAL FUND. loading. Insurance. An amount added to a life-insurance \npremium to cover the insurer's business expenses and \ncontingencies. -Also termed expense loading. See \ngross premium (1) under PREMIUM (1). [Cases: Insur\nance ~2000, 2005.] \nload line. Maritime law. 1. The depth to which a safely \nloaded ship will sink in salt water. 2. One of a set of \ngraduated marks on the side of a ship, indicating the \ndepth to which the ship can be loaded in varying waters \n(such as salt water or freshwater) and weather condi\ntions. _ Load lines must, by law in most maritime coun\ntries, be cut and painted amidships. -Also termed (in \nsense 2) load-line marks; Plimsoll marks. \n\"The interest of shipowners led them, in early times, to load \nvessels to a point beyond safety; the greater the weight \nof the vessel's load, of course, the lower she rides in the \nwater, and the more vulnerable she is to heavy seas. Many \nseamen consequently lost their lives. Britain led the way \nin establishing standards of depth in the water believed to \nbe safe; Samuel Plimsoll, M.P. was the moving spirit, and \ngave his name to the Plimsoli mark, now seen on the side \nof all large vessels, which marks the limits of safety for \ndifferent seas and seasons. Since 1929, the United States \nhas made mandatory the placing of and compliance with \nload line marks ....\" Grant Gilmore & Charles L. Black Jr., \nThe Law ofAdmiralty  11-12, at 987 (2d ed. 1975). \nloadmanage. Hist. l. The fee paid to loadsmen, who sail \nin small vessels acting as pilots for larger ships. 2. The \nhiring of a pilot for a vessel. 3. A pilot's or loadsman's \nskill. -Also spelled lodemanage; lode manage. \nloadsman. Hist. 1. A person who directs a ship's course \nfrom a small boat traveling in front of the larger ship \nrather than from the ship itself. -The loadsmen had a \nmonopoly on piloting in the cinque ports. See CINQUE \nPORTS. 2. A person who took the ship to a berth after a \npilot had brought it into port. Also spelled loadman; \nlodeman; lodesman. \nloan, n. (12c) 1. An act oflending; a grant of something \nfor temporary use <Turner gave the laptop as a loan, \nnot a gift>. [Cases: Contracts ~194.] 2. A thing lent \nfor the borrower's temporary use; esp., a sum ofmoney \nlent at interest <Hull applied for a car loan>. \naccommodation loan. (1834) A loan for which the \nlender receives no consideration in return. See \nACCOMMODATION. \nadd-on loan. (1972) A loan in which the interest \nis calculated at the stated rate for the loan agree\nment's full term for the full principal amount, and \nthen the interest is added to the principal before \ninstallment payments are calculated, resulting in an \ninterest amount higher than if it were calculated on \nthe monthly unpaid balance. -Consumer loans are \ntypically add-on loans. -Also termed contract loan. \nSee add-on interest under INTEREST (3). \namortized loan. (1930) A loan calling for periodic \npayments that are applied first to interest and then \nto principal, as provided by the terms of the note. See \nAMORTIZATION (1). \nback-to-back loan. A loan arrangement by which two \nfirms lend each other funds denominated in different \n\ncurrencies for a specified period . The purpose is \nusu. to protect against fluctuations in the currencies' \nexchange rates. \nballoon loan. An installment loan in which one or more \nof the later repayments are much larger than earlier \npayments; esp., a loan featuring a string ofpayments \nthat are too small to amortize the entire loan within \nthe loan period, coupled with a large final lump-sum \npayment of the outstanding balance. \nbelow-market loan. See interest-free loan. \nbridge loan. A short-term loan that is used to cover \ncosts until more permanent financing is arranged or \nto cover a portion of costs that are expected to be \ncovered by an imminent sale. Also termed bridge \nfinancing; swing loan. \nbroker call loan. See call loan. \nbuilding loan. A type ofbridge loan used primarily for \nerecting a building . The loan is typically advanced \nin parts as work progresses and is used to pay the \ncontractor, subcontractors, and material suppliers. \nAlso termed construction loan. See interim financing \nunder FINANCING. \ncall loan. (1869) A loan for which the lender can \ndemand payment at any time, usu. with 24 hours' \nnotice, because there is no fixed maturity date. \nAlso termed broker call loan; demand loan. Cf. term \nloan. [Cases: Bills and Notes (\"::=>129(3).J \ncharacter loan. A loan made in reliance on the borrow\ner's character and stable earnings . Character loans \nare usu. secured by a mortgage or by other property, \nbut sometimes they are unsecured. \nclearing loan. A loan made to a bond dealer pending \nthe sale ofa bond issue. \ncollateral loan. See secured loan. \ncommercial loan. (1875) A loan that a financial institu\ntion gives to a business, generally for 30 to 90 days. \ncommodity loan. A loan secured by a commodity (such \nas cotton or wool) in the form ofa warehouse receipt \nor other negotiable instrument \nconsolidation loan. (JS75) A loan whose proceeds \nare used to payoff other individual loans, thereby \ncreating a more manageable debt. \nconstruction loan. See building loan. \nconsumer loan. (1957) A loan that is given to an indi\nvidual for family, household, personal, or agricultural \npurposes and that is generally governed by truth-in\nlending statutes and regulations. [Cases: Consumer \nCredit~L] \ncontract loan. See add-on loan. \nCrown loan. Tax. An interest-free demand loan, usu. \nfrom parent to child, in which the borrowed funds are \ninvested and the income from the investment is taxed \nat the child's rate. eThis type ofloan is named for one \nHarry Crown of Chicago, reputedly one of the first \npersons to use it. See kiddie tax under TAX. day loan. A short-term loan to a broker to finance daily \ntransactions. \ndemand loan. See call loan. \ndiscount loan. A loan in which interest is deducted in \nadvance, at the time the loan is made. \ndoorstep loan. A loan offered by a door-to-door solici\ntor, usu. for home repairs at a high interest rate and \nunder misleading or fraudulent terms . The term is \nused primarily in the United Kingdom. \nGI loan. See veteran's loan. \nhome-equity loan. (1984) A line of bank credit given \nto a homeowner, using as collateral the homeown\ner's equity in the home. Often shortened to equity \nloan. -Also termed home-equity line ofcredit. See \nEQUITY (7). \ninstallment loan. (1916) A loan that is to be repaid in \nusu. equal portions over a specified period. \ninterest-free loan. (1946) Money loaned to a borrower \nat no charge or, under the Internal Revenue Code, \nwith a charge that is lower than the market rate. IRC \n(26 USCA)  7872. Also termed (in the IRC) below\nmarket loan. \ninterest-only loan. A loan for which the borrower pays \nonly the interest on the principal balance ofthe loan \nfor a stated period, usu. a few years. e At the end of \nthe stated period, the principal balance is unchanged. \nAn interest-only loan features low initial payments \nin return for Significantly larger payments later or a \nballoon payment at the end ofthe term. \nliar's loan. 1. A loan that involves no background \ncheck and can be obtained by claiming that one \nmeets the lender's income and other requirements. \n2. See no-doc loan (1). 3. See stated-income loan (1). \nCf. NINJA loan. \nmaritime loan. A loan providing that a lender will not \nbe repaid if the cargo is damaged or lost because ofa \nnavigational peril, but that the lender will be repaid \nplus interest ifthe cargo arrives safely or is damaged \nbecause of the carrier's negligence. -Also termed \nmarine loan. \nmortgage loan. (1846) A loan secured by a mortgage \nor deed of trust on real property. [Cases: Mortgages \n14.] \nNINJA loan. abbr. No-income, no-job, no-assets loan. \nCf. liar's loan (1); no-doc loan (1); stated-income loan \n(1). \nno-doc loan. 1. A loan for which a borrower provides \nonly minimal proof of ability to repay . The name \nis short for \"no documentation.\" 2. See liar's loan (1). \nCf. NINJA loan. \nnonperforming loan. (1984) An outstanding loan that"}
{"text": "(1). \nCf. NINJA loan. \nnonperforming loan. (1984) An outstanding loan that \nis not being repaid. \nnonrecourse loan. (1941) A secured loan that allows the \nlender to attach only the collateral, not the borrow\ner's personal assets, if the loan is not repaid. [Cases: \n\nBills and Notes C=>44; Secured Transactions \n240.] \nparticipation loan. (1928) A loan issued by two or more \nlenders. See LOAN PARTICIPATION. [Cases: Contracts \n(;:-:194.J \npolicy loan. An insurer's loan to an insured, secured \nby the policy's cash reserve. [Cases: Insurance \n1868.] \nprecarious loan. 1. A loan that may be recalled at any \ntime. 2. A loan in danger of not being repaid. \npremium loan. A loan made to an insured by the insurer \nto enable the insured to pay further premiums . The \nreserve value ofthe policy serves as collateraL [Cases: \nInsurance (::::: 1868, 2037.] \nrecourse loan. A loan that allows the lender, if the \nborrower defaults, not only to attach the collateral \nbut also to seek judgment against the borrower's (or \nguarantor's) personal assets. [Cases: Secured Transac\ntions C=>227, 240.] \nrevolver loan. (1985) A single loan that a debtor takes \nout in lieu of several lines of credit or other loans \nfrom various creditors, and that is subject to review \nand approval at certain intervals . A revolver loan is \nusu. taken out in an attempt to resolve problems with \ncreditors. Cf. revolving credit under CREDIT (4). \nrevolving loan. (1927) A loan that is renewed at \nmaturity. \nscratch-and-dent loan. A loan made to a borrower who \nwas able to repay when the loan was made but has \nsince fallen behind on payments. \nsecured loan. (1862) A loan that is secured by property \nor securities. -Also termed collateral loan. \nshort-term loan. (1902) A loan with a due date ofless \nthan one year, usu. evidenced by a note. \nsignature loan. An unsecured loan based solely on the \nborrower's promise or signature . To obtain such a \nloan, the borrower must usu. be highly creditwor\nthy. \nstated-income loan. 1. A loan extended to a borrower \nwho claimed a certain income but has not verified the \nclaim. 2. See liar's loan (1). Cf. NINJA loan. \nsubprime loan. A loan, esp. a mortgage or home-equity \nloan, made to one whose financial condition and cred\nitworthiness are poor, creating a high risk ofdefault. \n A subprime loan usu. has an adjustable interest rate \nthat is low at inception, to help a financially weak \nborrower qualify, then rises over the life of the loan. \nswing loan. See bridge loan. \nterm loan. A loan with a specified due date, usu. of \nmore than one year. -Such a loan typically cannot be \nrepaid before maturity without incurring a penalty. \nAlso termed time loan. Cf. call loan. [Cases: Bills and \nNotes C=> 129(1).J \nveteran's loan. A federally guaranteed loan extended to \narmed-forces veterans for the purchase of a home. \nAlso written veterans' loan; veteran loan. Also termed VA loan; GIloan. [Cases: Armed Services \nC=>108.] \nloan, vb. To lend, esp. money. \nloan-amortization schedule. (1958) A schedule that \ndivides each loan payment into an interest component \nand a principal component . Typically, the interest \ncomponent begins as the largest part of each payment \nand declines over time. See AMORTIZATION (1). \nloan association. See SAVINGS-AND-LOAN ASSOCIA\nTION. \nloan broker. See BROKER. \nloan-brokerage fee. See MORTGAGE DISCOUNT. \nloan certificate. A certificate that a clearinghouse issues \nto a borrowing bank in an amount equal to a specified \npercentage of the value of the borrowing bank's col\nlateral on deposit with the clearinghouse's loan com\nmittee. \nloan commitment. (1940) A lender's binding promise \nto a borrower to lend a specified amount ofmoney at a \ncertain interest rate, usu. within a specified period and \nfor a specified purpose (such as buying real estate). See \nMORTGAGE COMMITMENT. [Cases: Contracts Cr'J194.] \nloaned employee. See borrowed employee under EM\nPLOYEE. \nloaned servant. See borrowed employee under EM\nPLOYEE. \nloan for consumption. (1840) An agreement by which \na lender delivers goods to a borrower who consumes \nthem and who is obligated to return goods ofthe same \nquantity, type, and quality. [Cases: Contracts \n194.] \nloan for exchange. (1915) A contract by which a lender \ndelivers personal property to a borrower who agrees \nto return similar property, usu. without compensation \nfor its use. \nloan for use. (1837) An agreement by which a lender \ndelivers an asset to a borrower who must use it accord\ning to its normal function or according to the agree\nment, and who must return it when finished using it. \n No interest is charged. \nloanland. Rist. A tenancy involving the loan ofland by \none person to another. Also spelled laenland. Cf. \nBOOKLAND; FOLKLAND. \n\"Laenlands were loaned lands, that is, lands granted for \na period, either the life of the grantee or some longer \ntime such as three lives. In return the grantees per\nformed services, usually of an agricultural nature, or \nmade payments in kind to their landlords. Laenlands, like \nboclands, were usually held under a written instrument, \nand they are therefore sometimes included in the bodands. \nBut strictly, laenland and bocland differed. Bocland, we \nmay say, was held directly as a result of a charter from the \nking, whereas laenland was temporarily held by grant from \nsome great landlord.\" W.J.V. Windeyer, Lectures on Legal \nHistory 28 (2d ed. 1949). \nloan-origination fee. See FEE. \nloan participation. (1934) The coming together \nof multiple lenders to issue a large loan (called a \n\nparticipation loan) to one borrower, thereby reducing \neach lender's individual risk. [Cases: Contracts \n194.] \nloan ratio. See LOAN-TO-VALUE RATIO. \nloan-receipt agreement. (1943) Torts. A settlement \nagreement by which the defendant lends money to \nthe plaintiff interest-free, the plaintiff not being obli\ngated to repay the loan unless he or she recovers money \nfrom other tortfeasors responsible for the same injury. \n[Cases: Compromise and Settlement Insurance \nC'3524.] \nloansharking, n. (1914) The practice oflending money \nat excessive and esp. usurious rates, and often using \nthreats or extortion to enforce repayment. Also \ntermed extortionate credit transaction. loan-shark, \nvb. loan shark, n. \nloan society. English law. A club organized to collect \ndeposits from and make loans to industrial workers. \n The loan societies were forerunners ofthe American \nsavings-and-Ioan associations. \nloan-to-valne ratio. The ratio, usu. expressed as a per\ncentage, between the amount of a mortgage loan and \nthe value of the property pledged as security for the \nmortgage. For example, an $80,000 loan on property \nworth $100,000 results in a loan-to-value ratio of \n80% which is usu. the highest ratio that lenders will \nagree to without requiring the debtor to buy mortgage \ninsurance. -Often shortened to LTV ratio. -Also \ntermed loan ratio. [Cases: Mortgages C:::)145.] \nloan value. Insurance. 1. The maximum amount that \nmay be lent safely on property or life insurance without \njeopardizing the lender's need for protection from the \nborrower's default. 2. The amount ofmoney an insured \ncan borrow against the cash value of his or her life\ninsurance policy. [Cases: Insurance C=c 1868.) \nlobby, vb. (1837) 1. To talk with or curry favor with a \nlegislator, usu. repeatedly or frequently, in an attempt \nto influence the legislator's vote <she routinely lobbies \nfor tort reform in the state legislature>. [Cases: Statutes \n2. To support or oppose (a measure) by working \nto influence a legislator's vote <the organization lobbied \nthe bill through the Senate>. 3. To try to influence (a \ndecision-maker) <the lawyer lobbied the judge for a \nfavorable ruling>. -lobbying, n. lobbyist, n. \nlobbying act. (1948) A federal or state law governing the \nconduct oflobbyists, usu. by requiring them to register \nand file activity reports . An example is the Federal \nRegulation ofLobbying Act, 12 USCA  261. [Cases: \nStatutes C::::24.J \nlobby vote. See VOTE (4). \nlocal act. 1. See LOCAL LAW (1). 2. See LOCAL LAW (2). \nlocal action. See ACTION (4). \nlocal administrator. See ADMINISTRATOR (1). \nlocal agency. See AGENCY (3). \nlocal agent.!. See AGENT (2). 2. See special agent under \nINSURANCE AGENT. local allegiance. See actual allegiance under ALLE\nGIANCE. \nlocal and special legislation. See LEGISLATION. \nlocal assessment. See ASSESSMENT. \nlocal bar association. See BAR ASSOCIATION. \nlocal chattel. See CHATTEL. \nlocal concern. (1833) An activity conducted by a munic\nipality in its proprietary capacity. [Cases: Municipal \nCorporations C=c57.j \nlocal counsel. See COUNSEL \nlocal court. See COURT. \nlocal custom. See CUSTOM. \nlocal-exchange carrier. Telecommunications law. \nAn entity that provides telephone service, usu. on a \nlocal basis, through a local-exchange network. 47 \nUSCA  153(26). -Abbr. LEe. See LOCAL-EXCHANGE \nNETWORK. [Cases: Telecommunications \nlocal-exchange network. Telecommunications law. \nA system for providing telephone service on a local \nbasis. A local-exchange network usu. consists of \nsuch elements as switches, local loops, and transport \ntrunks, and capabilities such as billing databases and \noperator services. Switches are pieces of equipment that \ndirect calls to the appropriate destination. Local loops \nare the wires that connect telephones to the switches. \nTransport trunks are the wires that carry calls from \nswitch to switch. All the elements ofa local-exchange \nnetwork are often referred to as a bundle, and there \nare federal requirements that a local-exchange carrier \nwho controls a local-exchange network permit com\npetition by selling some access, including unbundled \naccess, to its local-exchange network. 47 USCA  25I(c). \nSee LOCAL-EXCHANGE CARRIER; UNBUNDLING RULES. \n[Cases: Telecommunications \nlocal government. See GOVERNMENT. \nlocal improvement. See IMPROVEMENT. \nlocal-improvement assessment. See local assessment \nunder ASSESSMENT. \nlocality, n. (17c) 1. A definite region; vicinity; neighbor\nhood; community. 2. Hist. Scots law. The land held by \na widow in usufruct under the terms of her marriage \ncontract.  If a widow has locality lands, she cannot \nassert her statutory claim to a one-third share of her \nhusband's real property. \nlocality ofa lawsuit. (1939) The place where a court may \nexercise judicial authority. \nlocality-plus test. Maritime law. The requirement that, \nfor a federal court to exercise admiralty tort jurisdic\ntion, not only must the alleged wrong occur on naviga\nble waters, it must also relate to a traditional maritime \nactivity Executive let Aviation, Inc. v. Cleveland, 409 \nU.S. 249, 93 S.Ct. 493 (1972). Also termed locality\nplus rule; maritime-connection doctrine. [Cases: Admi\nralty \n\n1023 \nlocality rule. 1. The doctrine that, in a professional~ \nmalpractice suit, the standard ofcare applicable to the \nprofessional's conduct is the reasonable care exercised \nby similar professionals in the same vicinity and profes\nsional community. [Cases: Health C::'620.] \n\"With respect to medical doctors (and sometimes dentists \nand others), the standard of care has been further limited \nby the so-called 'locality rule.' A physician historically was \nrequired only to possess and apply the knowledge and use \nthe skill and care that is ordinarily used by reasonably well \nqual ified physicians in the locality in which he practices, \nor, usually, in 'similar localities: This frequently made it \ndifficult or impossible for a plaintiff to prove the appli\ncable standard since other doctors in the same locality are \nnotoriously reluctant to testify against their professional \ncolleagues. However, with the advent of improved com\nmunication and continuing medical education, the reason \nfor the rule has abated, and today the trend is toward its \nabolition.\" Edward j. Kionka, Torts in a Nutshell 270-71 \n(2d ed. 1992). \n2. The doctrine that, in determining the appropriate \namount of attorney's fees to be awarded in a suit, the \nproper basis is the rate charged by similar attorneys for \nsimilar work in the vicinity. [Cases: Costs (;:::;:, 194.18; \nFederal Civil Procedure (;:::;:,2737.4.] \nlocality test. Maritime law. The requirement that, for a \nfederal court to exercise admiralty tort jurisdiction, \nthe alleged wrong must have occurred on naVigable \nwaters. The test was replaced by the locality-plus test \nin Executive let Aviation, Inc. v. Cleveland, 409 U.S. "}
{"text": "was replaced by the locality-plus test \nin Executive let Aviation, Inc. v. Cleveland, 409 U.S. 249, \n93 S.Ct. 493 (1972). -Also termed locality rule. See \nLOCALITY- PLUS TEST. [Cases: Admiralty C= 17.] \nlocalization doctrine. The doctrine that a foreign cor\nporation, by doing sufficient business in a state, will \nsubject itself to that state's laws. [Cases: Corporations \nC~661.] \nlocal law. 1. A statute that relates to or operates in a par\nticular locality rather than the entire state. 2. A statute \nthat applies to particular persons or things rather than \nan entire class ofpersons or things. -Also termed (in \nsenses 1 & 2) local act; local statute. [Cases: Statutes \n(;:::;:,76-104.) 3. The law ofa particular jurisdiction, as \nopposed to the law of a foreign state. -Also termed \ninternal law. 4. Conflict oflaws. The body ofstandards, \nprinciples, and rules -excluding conflict-of-Iaws \nrules that the state courts apply to controversies \nbefore them. Restatement (Second) ofConflict ofLaws \n 4(1) (1971). [Cases: Action C:)17.] \nlocal-law theory. Conflict of laws. The view that, \nalthough a court ofthe forum recognizes and enforces \na local right (that is, one created under its own law), in \na foreign-element case it does not necessarily apply the \nrule that would govern an analogous case of a purely \ndomestic character, but instead takes into account the \nlaw of the foreign country by fashioning a local right \nas nearly as possible upon the law of the country in \nwhich the decisive facts have occurred . This theorv \nis credited to Walter Wheeler Cook, who expounded it \nin the first chapter ofhis Logical and Legal Bases ofthe \nConflict ofLaws (1949). [Cases: Action (;:::;:, 17.] \n\"Since the court of the forum adopts the view that the \nchosen law would have taken not of the actual case, but locatio \nof an equivalent domestic case, it does not necessarily \nrecognize the right that would have been vested in the \nplaintiff according to that law .... It is scarcely deniable, \nhowever, that this local law theory is little more than what a \nlearned writer has stigmatized as a sterile truism sterile \nbecause it affords no basis for the systematic development \nof private international law. To remind an English judge, \nabout to try a case containing a foreign element, that \nwhatever decision he gives he must enforce only the lex \nfori, is a technical quibble that explains nothing and solves \nnothing. It provides no guidance whatever upon the limits \nwithin which he must have regard to the foreign law.\" G.c. \nCheshire, Private International Law 35 (6th ed. 1961). \nlocal option. An option that allows a municipality or \nother governmental unit to determine a particular \ncourse of action without the specific approval of state \nofficials. Also termed local veto. Cf. HOME RULE. \n[Cases: Intoxicating Liquors (;:'-;:>24-43; Municipal \nCorporations (;:::;:,65_1 \nlocal receiver. See RECEIVER. \nlocal rule. (1819) 1. A rule based on the phYSical condi\ntions of a state and the character, customs, and beliefs \nofits people. [Cases: Federal Civil Procedure C::>25.] \n2. A rule by which an individual court supplements \nthe procedural rules applying generally to all courts \nwithin the jurisdiction . Local rules deal with a variety \nofmatters, such as requiring extra copies of motions \nto be filed with the court or prohibiting the reading of \nnewspapers in the courtroom. Fed. R. Civ. P. 83. [Cases: \nCourts (;:::;:,85; Federal Civil Procedure (;:::;:,25.] \nlocal statute. 1. See LOCAL LAW (1). 2. See LOCAL LAW \n(2). \nlocal union. See UNION. \nlocal usage. See USAGE. \nlocal veto. See LOCAL OPTION. \nlocare (l,,-kair-ee), vb. [Latin] Roman law. To let or hire \nout. See LOCATOR. \nlocare aliquid faciendum (la-kair-ee al-i-kwid fay\nshee-en-dam). [Latin] Roman law. To contract to have \nsomeone perform work for remuneration. Cf. CONDUC\nERE ALIQUID FACIENDUM. \nlocare aliquid utendum (la-kair-ee al-i-kwid yoo-ten\ndam). [Latin] Roman law. To let something on hire for \nthe use ofthe lessee; to accept consideration for the use \nof an object. Cf. CONDUCERE ALIQUID UTENDUM. \nlocarium (la-kair-ee-am), n. [Law Latin] Hist. Rent. \nlocatarius (loh-b-tair-ee-as), n. [Latin] Hist. A person \nwith whom something is depOSited; a depositee. \nlocatio (la-kay-shee-oh), n. [Latin] Roman & civil law. \nAny contract by which the use of the thing bailed, or \nthe use ofthe labor or services, is agreed to be given for \na compensation . This type ofcontract benefits both \nparties. -Also termed lease; hiring. Cf. ABLOCATION. \nPI. locationes {la-kay-shee-oh-neez). \nlocatio conductio (la-kay-shee-oh kan-duk-shee-oh). \n[Latin] Roman law. A letting for hire; speciE., a contract \nby which one person agreed to give to another the use, \nor the use and enjoyment, ofa thing or ofservices or \nlabor in return for remuneration, usu. money . In \n\nRoman law, it covered a broad range ofcircumstances \nin return for a merces or rent. \nlocatio custodiae (lil-kay-shee-oh kils-toh-dee-ee). \n[Latin] Roman law. The hiring of care or service, as \nwhen the bailee is to protect the thing bailed. \nlocatio mercium vehendarum. See locatio operis \nmercium vehendarum. \nlocatio operarum (lil-kay-shee-oh 0p-il-rair-ilm). \n[Latin \"the letting of services\"] Roman & civil law. \nA contract ofemployment; specif., contract in which \nsomeone, usu. a day laborer, hires out his services \nfor a specified price. -Also termed locatio operis \nfaciendi. Cf. REDEMPTIO OPERIS. \nlocatio operis faciendi (lil-kay-shee-oh 0p-il-ris fay\nshee-en-dr). [Latin \"the letting of a job to be done\"] \nRoman law. A contract by which someone hires a \ncontractor (conductor) to undertake work (e.g., to \nbuild a home or teach a slave to read) on behalf of the \nhirer. Sometimes shortened to locatio operis. See \nlocatio operaTum. \nlocatio operis mercium vehendarum (l;:l-kay-shee-oh \nop-il-ris milr-shee-ilm vee-hiln-dair-ilm).ILatin \"the \nletting of the job of carrying goods\"] Roman law. A \nbailment in which goods are delivered to the bailee \nfor transport elsewhere, esp. by sea. Also termed \nlocatio mercium vehendarum. \nlocatio rei (lil-kay-shee-oh ree-I). [Latin \"letting of a \nthing\"] Roman law. The hiring ofa thing for use, by \nwhich the hirer gains the temporary use of the thing \nfor a fee. \n\"Locatio rei was the letting of a res for hire. Roman law \ndiffered in several aspects from the relevant rules of \nEnglish law. Firstly, there was not in Roman law a funda\nmental distinction between the hiring of personal property \nand the lease of real property: locatio rei applied both \nto land and movables. Secondly, in Roman law the hirer \ndid not obtain possession. Thirdly, the locatio was a mere \ncontract and even the tenant of land did not have a right to \nbe restored if he were [wrongfully] ejected, his sole remedy \nbeing an action for breach of contract. Fourthly, the Roman \ncontract gave more consideration to the tenant or hirer \nthan does English law.\" G.W. Paton. Bailment in the Cammon \nLaw 53 (1952). \nlocation. (l6c) 1. The specific place or position ofa person \nor thing. 2. The act or process oflocating. 3. Real estate. \nThe designation ofthe boundaries ofa particular piece \nofland, either on the record or on the land itself. [Cases: \nBoundaries ~7-9.]4. Mining law. The act ofappropri\nating a mining claim. Also termed mining location. \nSee MINING CLAIM. [Cases: Mines and Minerals \n9-38.] 5. The claim so appropriated. 6. Civil law. A \ncontract for the temporary use of something for hire; \na leasing for hire. See LOCATIO. \nlocation-damage clause. See SURFACE-DAMAGE CLAUSE. \nlocative calls (Iok-il-tiv). (1807) Property. In land descrip\ntions, specific descriptions that fix the boundaries ofthe \nland. Locative calls may be marks oflocation, land\nmarks, or other physical objects. Ifcalls in a description \nconflict, locative calls control over those indicating a general area of a boundary. See CALL (5); DIRECTORY \nCALLS. [Cases: Boundaries ~1-23.] \nlocator (loh-kay-tdr), n. [Latin] 1. Roman law. (usu. ital.) \nOne who lets out property or services for reward, or \nwho contracts to have another person (the conductor) \nperform work for reward; a lessor or landlord. See CON\nDucToR (2). \nlocator operarum, n. One who offers one's labor for \nhire, esp. as a day laborer. \nlocator operas faciendi, n. One who employs contract \nlabor. \nlocator rei, n. A lessor or landlord. \n2. One who is entitled to locate land or set the boundar\nies ofa mining claim. \nlocatum (lil-kay-tilm), n. [Latin] Hist. A hiring. See \nBAILMENT. \nLochnerize (lok-nilI-Iz), vb. (1976) To examine and strike \ndown economic legislation under the guise ofenforc, ing the Due Process Clause, esp. in the manner of the \nU.S. Supreme Court during the early 20th century . \nThe term takes its name from the decision in Lochner \nv. New York, 198 U.S. 45, 25 S.Ct. 539 (1905), in which \nthe Court invalidated New York's maximum-hours law \nfor bakers. -Lochnerization, n. \nlockbox. (1872) 1. A secure box, such as a post-office box, \nstrongbox, or safe-deposit box. 2. A facility offered by \na financial institution for quickly collecting and con\nsolidating checks and other funds from a party's cus\ntomers. \nlockdown. (1977) The temporary confinement of pris\noners in their cells during a state of heightened alert \ncaused by an escape, riot, or other emergency. [Cases: \nPrisons ~233.] \nLockeanism. See LOCKEA~ LABOR THEORY. \nLockean labor theory. The philosopher John Locke's jus\ntification of private property, based on the natural right \nof one's ownership of one's own labor, and the right \nto nature's common property to the extent that one's \nlabor can make use ofit. Locke's theory, from the fifth \nchapter of his Second Treatise on Civil Government, is \noften used to analyze the natural rights of inventors, \nauthors, and artists in their own creations. -Also \ntermed labor theory; Lockeanism. Cf. PERSONALITY \nTHEORY; UTILITARIANISM. \nlocked in, adj. 1. (Of a person) unable to sell appreciated \nsecurities and realize the gain because ofliability for \ncapital gains taxes <my accountant advised me not to \nsell the stock because I am locked in>. 2. (Of a price, \nrate, etc.) staying the same for a given period <the 7% \nmortgage rate is locked in for 30 days>. \nlocked-in rate. See lock rate under INTEREST RATE. \nlockout. (1854) 1. An employer's withholding of work \nand dosing of a business because of a labor dispute. \n[Cases: Labor and Employment ~1392.] \ndefensive lockout. A lockout that is called to prevent \nimminent and irreparable financial harm to the \n\n1025 locus regit actum \ncompany or to protect a legal right.  Defensive \nlockouts were legal, but the U.S. Supreme Court abol\nished the distinction between defensive and offensive \nlockouts in favor of a balancing test. American Ship \nBldg. Co. v. NLRB, 380 U.S. 300, 85 S.Ct. 955 (1965). \noffensive lockout. A lockout called by management \nto assert economic pressure on workers and thereby \ngain a bargaining advantage over a union . Offensive \nlockouts were illegal before the U.S. Supreme Court \nabolished the legal distinction between offensive \nand defensive lockouts in favor of a balancing test. \nAmerican Ship Bldg. Co. v. NLRB, 380 U.S. 300, 85 \nS.Ct. 955 (1965). \n2. Loosely, an employee's refusal to work because the \nemployer unreasonably refuses to abide by an expired \nemployment contract while a new one is being negoti\nated. Cf. STRIKE; BOYCOTT; PICKETING. \nlock rate. See INTEREST RATE. \nlockup, n. 1. See JAIL. 2. See LOCKUP OPTION. \nlockup agreement. Securities. A contract between an \nunderwriter and a corporation's insiders that prohibits \nthe insiders from selling any personal stockholdings for \na specified time after the corporation makes a public \noffering of securities. Cf. MARKET-STANDOFF AGREE\nMENT. [Cases: Corporations C=310(1).] \nlockup option. A defense against a corporate takeover, in "}
{"text": "[Cases: Corporations C=310(1).] \nlockup option. A defense against a corporate takeover, in \nwhich a friendly party is entitled to buy parts of a cor\nporation for a set price when a person or group acquires \na certain percentage of the corporation's shares . An \nagreement of this kind may be illegal, to the extent it is \nnot undertaken to serve the best interests of the share\nholders. -Often shortened to lockup. [Cases: Corpo\nrations C=312(5).] \nloco parentis. See IN LOCO PARENTIS. \nloco rerum immobilium (loh-koh reer-dm im-;J-bil\nee-dm). [Latin] Scots law. Treated as immovable things. \n The phrase appeared in reference to a determina\ntion of whether certain items (such as shares of stock) \nshould be treated as movable or immovable property. \nloco tutoris (loh-koh t[y]oo-tor-is). [Latin] Scots law. In \nthe place ofa tutor. \n\"The Court of Session is in the practice of appointing, on \napplication made for such appOintment, a factor loco tutoris \non the estates of pupils not having tutors. Such an appOint\nment places the factor in the same position towards the \npupil, both as regards his person and the administration of \nhis estate, as if he held the office by virtue of relationship \nand was tutor-at law, or had received the appointment of \ntutor from the pupil's father under his testamentary settle\nment, the only difference being that the office of a tutor \nappointed by the Court is not gratuitous.\" John Trayner, \nTrayner's Latin Maxims 336-37 (4th ed. 1894). \nlocum tenens (loh-bm tee-nenz or ten-;:lflz), n. [Law \nLatin \"holding the place\"] Hist. A deputy; a substitute; \na representative. \nlocuples (lok-Yd-pleez), adj. [Latin] Civil law. Having \nthe means to pay any amount that the plaintiff might \nrecover. Also termed locuplete. locupletari cum damno alterius (lok-yuu-pld-tair-r bm \ndam-noh al-teer-ee-as). [Latin] To be enriched through \nthe damage sustained by another. \nlocus (loh-k;ls). [Latin \"place\"] (l8c) Ihe place or position \nwhere something is done or exists. Abbr. L. See \nSITUS. \nlocus actus (Ioh-bs ak-tas). [Latin \"place of the act\"] \nThe place where an act was done; the place of perfor\nmance. \nlocus contractus (loh-kas kan-trak-t;ls). [Latin \"place of \nthe contract\"] The place where a contract was made. \nCf. LEX LOCI CONTRACTUS. [Cases: Contracts \n145.] \nlocus criminis (loh-kas krim-;l-nis), n. [Latin] The place \nwhere a crime was committed. \nlocus delicti (loh-k;JS d;l-Iik-tr). [Latin \"place of the \nwrong\"] The place where an offense was committed; \nthe place where the last event necessary to make the \nactor liable occurred. Cf. LEX LOCI DELICTI. [Cases: \nTorts C=103.] \n\"When a statute does not indicate where Congress con\nsidered the place of committing the crime to be, the site \nor locus delicti must be determined from the nature of the \ncrime and the location of the acts or omissions constituting \nthe offense.\" United States v. Clinton, 574 F.2d 464, 465 \n(9th (ir. 1978). \nlocus in quo (loh-k;ls in kwoh). [Latin \"place in which\"] \n(ISc) The place where something is alleged to have \noccurred. \nlocus partitus (loh-k;ls pahr-tI-t;ls), n. [Latin \"a place \ndivided\"] Hist. The act of dividing two towns or \ncounties to determine which ofthem contains the land \nor place in question. \nlocus poenitentiae (loh-kas pen-a-ten-shee-ee). [Latin \n\"place of repentance\") 1. A point at which it is not too \nlate for one to change one's legal position; the possi\nbility of withdrawing from a contemplated course of \naction, esp. a wrong, before being committed to it . \n'The requirement of an overt act before conspirators can \nbe prosecuted and punished exists .. to provide a locus \npoenitentiae an opportunity for the conspirators to \nreconSider, terminate the agreement, and thereby avoid \npunishment.\" People v. Zamora, 557 P.2d 75. 82 n.8 (Cal. \n1976). \n2. The opportunity to withdraw from a negotiation \nbefore finally concluding the contract. [Cases: Con\ntracts C=138(3).] \nlocus publicus (loh-k;ls p<lb-li-k;ls). [Latin) Roman law. \nA public place. \n\"Locus publicus . A parcel of public land. It is property \nof the Roman people and is protected by various inter\ndicts ... against violation by private individuals who might \nendanger its public character or its use by the people.\" \nAdolf Berger, Encyclopedic Dictionary of Roman Low 568 \n(1953). \nlocus regit actum (loh-k;ls ree-jit ak-tam), n. [Latin \"the \nplace rules the act\"]lnt'llaw. The rule that a trans\naction complying with the legal formalities of the \ncountry where it is created will be considered valid \n\n1026 locus reisitae \nin the country where it is to be effective, even if that \ncountry requires additional formalities. \nlocus rei sitae (loh-bs ree-I sl-tee), n. [Latin \"place \nwhere a thing is situated\"] Civil law. The rule that the \nplace where the land is located is the proper forum in \na case involving real estate. \nlocus sigilli (loh-k<ls Si-jil-I), n. [Latin] The place of the \nseal.  Today this phrase is almost always abbreviated \n\"L.S.\" These are the traditional letters appearing on \nmany notarial certificates to indicate where the notary \npublic's embossed seal should be placed. Ifa rubber\nstamp seal is used, it should be placed near but not \nover this abbreviation. See NOTARY SEAL. [Cases: Seals \n\"For some period in history seals were required to consist of \nwax affixed to the parchment or paper on which the terms \nof the instrument were written. The wax was required to \nhave an identifiable impression made upon it. Usually this \nwas made by a signet ring. In time when ordinary people, \nwho did not have signet rings, learned to read and write, \nit was to be expected that substitutes for the traditional \nseal would be accepted by the law. Thus, today it would be \ngenerally accurate to say that a seal may consist of wax, \na gummed wafer, an impression on the paper, the word \n'seal,' the letters 'L.5.' (locus sigitli) or even a pen scratch.\" \nJohn D. Calamari &Joseph M. Perillo, The Lawo(Contracts \n 73, at 296 (3d ed. 1987). \nlocus solutionis (loh-k<ls s<l-loo-shee-oh-nis). [Latin] \nRist. The place ofperformance. \nlocus standi (loh-k2s stan-dr or -dee). [Latin \"place of \nstanding\"] (1835) The right to bring an action or to be \nheard in a given forum; STANDING. \nlode, n. 1. MINERAL LODE. 2. LADE. \nlode claim. See MINING CLAIM. \nlodeman. See LOADSMAN. \nlodemanage, n. See LOADMANAGE. \nlodesman. See LOADSMAN. \nlodestar. (14c) 1. A guiding star; an inspiration or \nmodel. 2. A reasonable amount of attorney's fees in a \ngiven case, usu. calculated by multiplying a reasonable \nnumber ofhours worked by the prevailing hourly rate \nin the community for similar work, and often consid\nering such additional factors as the degree ofskill and \ndifficulty involved in the case, the degree ofits urgency, \nits novelty, and the like. Most statutes that authorize \nan award ofattorney's fees use the lodestar method for \ncomputing the award. [Cases: Costs (;:::::;,194.18; Federal \nCivil Procedure (;=>2737.4.] \nlodge. See FILE (1). \nlodger. (16c) 1. A person who rents and occupies a room \nin another's house. [Cases: Innkeepers (;=>8; Landlord \nand Tenant 1.]2. A person who occupies a desig\nnated area in another's house but acquires no property \ninterest in that area, which remains in the owner's legal \npossession. \nlog, n. 1. See ARREST RECORD. 2. JOURNAL (1). \nlogan. See LAGAN. logbook. (I7c) 1. A ship's or aircraft's journal containing \nan account ofeach trip, often with a history ofevents \nduring the voyage; JOURNAL (1). 2. Any journal or \nrecord ofevents. \nlogia (loj-ee-<l), n. [Latin] Rist. A small house or \ncottage. \nlogical-cause doctrine. (1980) The principle that, if the \nplaintiff proves that an injury occurred and proves a \nlogical cause of it, a party desiring to defeat the claim \ncannot succeed merely by showing that there is another \nimaginable cause, but must also show that the alterna\ntive cause is more probable than the cause shown by the \nplaintiff. [Cases: Workers' Compensation (~1356.1 \nlogical interpretation. See INTERPRETATION. \nlogical positivism. (1931) A philosophical system or \nmovement requiring that meaningful statements be \nin principle verifiable. Cf. LEGAL POSITIVISM. \nlogical-relationship standard. (1976) Civil procedure. \nA test applied to determine whether a defendant's \ncounterclaim is compulsory, by examining whether \nboth claims are based on the same operative facts or \nwhether those facts activate additional rights, other\nwise dormant, for the defendant. One of the most \nimportant factors considered is whether hearing the \nclaims together would promote judicial economy and \nefficiency. Fed. R. Civ. P. 13(a). [Cases: Federal Civil \nProcedure (;=>776; Set-off and Counterclaim (;=>60.] \n\"[Ulnder the fourth test --frequently referred to as the \n'logical relationship' standard the principal consider \nation in determining whether a counterclaim is compul\nsory rests on the efficiency or economy of trying the \ncounterclaim in the same litigation as the main claim. As \na result, the convenience of the court, rather than solely \nthe counterclaim's relationship to the facts or issues of \nthe opposing claim, is controlling. The hallmark of this \napproach is flexibility. Although the fourth test has been \ncritiCized for being overly broad in scope and uncertain in \napplication, it has by far the widest acceptance among the \ncourts.\" Jack H. Friedenthal et aI., Civil Procedure  6.7, at \n352 (2d ed. 1993). \nlogic bomb. Destructive or disruptive computer software \nthat is planted on a computer, server, or network and \nwaits until a certain time to activate itself. \nlogium (loj-ee-;}m), n. [Latin] Rist. A lodge, hovel, or \nouthouse. \nlogographus (Iog-<l-graf-ds), n. [Latin fro Greek] Roman \nlaw. A bookkeeper or public clerk. \nlogrolling, n. (1812) 1. The exchanging ofpolitical favors; \nesp., the trading of votes among legislators to gain \nsupport ofmeasures that are beneficial to each legisla\ntor's constituency. 2. The legislative practice ofinclud\ning several propositions in one measure or proposed \nconstitutional amendment so that the legislature or \nvoters will pass all ofthem, even though these proposi\ntions might not have passed ifthey had been submitted \nseparately. Many state constitutions have single-sub\nject clauses that prohibit this practice. [Cases: Constitu\ntional Law (;=>9(1); Statutes (;=> 107.] -logroll, vb. \nLOL abbr. LETTER OF INTENT. \n\nlOitering, n. (14c) The criminal offense of remaining in \na certain place (such as a public street) for no apparent \nreason. _ Loitering statutes are generally held to be \nunconstitutionally vague. Cf. VAGRANCY. [Cases: Disor\nderly Conduct (;=>122; Vagrancy (;::::, 1.] loiter, vb. \nlollipop syndrome. (1986) Family law. A situation in \nwhich one or both parents, often in a custody battle, \nmanipulate the child with gifts, fun, good times, and \nminimal discipline in an attempt to win over the child. \nSee Disneyland parent under PARENT. Cf. RESCUE \nSYNDROME. \nLombard law. A Germanic customary law based primar\nily on a code called the Edict of Rothar, published in \nA.D. 643. Rothar was the King ofthe Lombards at the \ntime (A.D. 636-652), and his code (written in Latin) was \nmore complete than the Germanic leges barbarorum. \nAlso termed law ofLombardy; law ofLangobardi. Cf. \nLEGES BARBARORUM. \nLondon commodity option. An agreement to buy or \nsell a futures contract for a commodity traded on the \nLondon markets, for a particular price and within a \nparticular time. \nLondon Interbank Offered Rate. A daily compilation by \nthe British Bankers Association ofthe rates that major \ninternational banks charge each other for large-volume, \nshort-term loans ofEurodollars, with monthly maturity \nrates calculated out to one year . These daily rates are \nused as the underlying interest rates for derivative \ncontracts in currencies other than the euro. Abbr. \nLIBOR. Cf. EURO INTERBANK OFFERED RATE. \nLondon Lloyd's. See LLOYD'S OF LONDON. \nLone Pine order. A"}
{"text": "ATE. \nLondon Lloyd's. See LLOYD'S OF LONDON. \nLone Pine order. A case-management order in a toxic-tort \nlawsuit involving many plaintiffs, establishing proce\ndures and deadlines for discovery, including requiring \nthe plaintiffs to timely produce evidence and expert \nopinions to substantiate each plaintiff's exposure to the \nhazardous substance, the injury suffered, and the cause \nof the injury. Lore v. Lone Pine Corp., No. L-33606-85 \n(N.J. Super. Ct. Nov. 18, 1986). -Although the Lone \nPine opinion is unreported, it has become famous for \nthe kind of case-management order involved, in part \nbecause the plaintiffs' claims were dismissed for failure \nto timely provide expert opinions. [Cases: Federal Civil \nProcedure (;=> 1925.1; Pretrial Procedure (;::::,747).] \nlong, adj. 1. Holding a security or commodity in antici\npation ofa rise in price <a buyer long on pharmaceuti\ncal stock>. 2. Ofor relating to a purchase ofsecurities \nor commodities in anticipation ofrising prices <a long \nposition>. Cf. SHORT. \nlong, adv. By a long purchase; into or in a long position \n<bought the wheat long>. \nlong account. See ACCOUNT. \nlonga manu (long-g~ man-yoo), adv. [Latin \"with a long \nhand\"] Roman & civil law. Indirectly; by the longest \nroute. -This described the transfer of ownership by \npointing out, at some distance, the thing to the trans\nferee and authorizing its taking. This could be done, for example, by handing over the keys at the door of a \nwarehouse, or by pointing out the boundaries ofland. \nSee CONSTITUTUM POSSESSORIUM. Cf. BREVI MANU. \nlong-arm, adj. Ot: relating to, or arising from a long-arm \nstatute dong-arm jurisdiction>. [Cases: Courts \n12(2); Federal Courts (='76.1.] \nlong-arm jurisdiction. See JURISDICTION. \nlong-arm statute. (1951) A statute providing for jurisdic\ntion over a nonresident defendant who has had contacts \nwith the territory where the statute is in effect.  Most \nstate long-arm statutes extend this jurisdiction to its \nconstitutionalli mits. -Also termed single-act statute. \nSee long-arm jurisdiction under JURISDICTION. [Cases: \nCourts (=,12(2); Federal Courts \nlong-firm fraud. See FRAUD. \nlong-form bill oflading. See BILI. OF LADING. \nlongi temporis praescriptio (long-gI tem-p<:J-ris pri\nskrip-shee-oh). [Latin] Roman law. The prescriptive \nperiod after which a possessor ofproperty could defeat \nany challenge to his title. See USUCAPTION. \nLong Parliament. Hist. 1. The English Parliament of \nCharles I meeting between 1640 and 1653, dissolved \nby Oliver Cromwell in 1653, then recalled and finally \ndissolved in 1660. 2. The English Parliament that met \nbetween 1661 and 1678, after the restoration of the \nmonarchy. -This Parliament is sometimes called the \n\"Long Parliament of Charles II\" to distinguish it from \nthat ofsense l. \nlong robe. Hist. The legal profession <gentlemen of the \nlong robe>. See ROBE. \nlong-run incremental cost. Antitrust. A cost thresh\nold for determining whether predatory pricing has \noccurred, consisting ofall costs that, over a several-year \nperiod, would not be incurred ifthe product in question \nwere not offered . It differs from average variable cost \nbecause it includes some costs that do not vary in the \nshort run but that do vary over a longer period, depend\ning on whether a particular product is offered. Abbr. \nLRIC. Cf. average variable cost under COST (1). \nLongshore and Harbor Workers' Compensation Act. \nA federal law designed to provide workers' -compensa\ntion benefits to persons, other than seamen, who work \nin maritime occupations, esp. stevedoring and ship \nservice. 33 USCA  901-50. Abbr. LHWCA. [Cases: \nWorkers' Compensation 260,262,2085.] \n\"Employees who are engaged in maritimerelated activi\nties but who do not qualify as 'seamen' may be classified \nas 'maritime workers' entitled to the benefits provided \nby the Longshore and Harbor Workers' Compensation \nAct .... Persons covered by the act, which has the attri\nbutes of the usual workers' compensation law, include (1) \nemployees injured on the Outer Continental Shelf in the \ncourse of mineral exploration and production activities, \nand (2) employees within American territorial waters who \nfall within the Congressional definition of a 'maritime \nworker,' and who are injured on 'naVigable waters'.\" Frank \nL. Maraist, Admiralty in a Nutshell 44 (2d ed. 1988). \nlongshoreman. (1811) A maritime laborer who works \non the wharves in a port; esp., a person who loads and \n\n1028 long-term capital gain \nunloads ships. Cf. STEVEDORE. [Cases: Shipping \n84.] \nlong-term capital gain. See CAPITAL GAIN. \nlong-term capital loss. See LOSS. \nlong-term debt. See DEBT. \nlong-term foster care. See FOSTER CARE. \nlong-term security. See SECURITY. \nlong title. See TITLE (3). \nlong ton. See TON. \nlook and feel. See TRADE DRESS. \nlook-and-feel protection. Copyright protection of the \nimages generated or revealed when one activates a \ncomputer program. [Cases: Copyrights and Intellec\ntual Property G=> 10.4.] \nlookout, n. (17c) A careful, vigilant watching <the motor\nist's statutory duty of proper lookout>. [Cases: Automo\nbiles G=> 150; Collision (>=>77.] \nlook-through principle. (1993) Tax. A doctrine for allo\ncating transfer-gains taxes on real estate by looking \nbeyond the entity possessing legal title to identify the \nbeneficial owners of the property. [Cases: Internal \nRevenue G=>3071.] \nloophole. (17c) An ambiguity, omission, or exception \n(as in a law or other legal document) that provides a \nway to avoid a rule without violating its literal require\nments; esp., a tax-code provision that allows a taxpayer \nto legally avoid or reduce income taxes. \nloopification, n. (1982) In critical legal studies, the \ncollapse of a legal distinction resulting when the two \nends of a continuum become so similar that they \nbecome indistinguishable <it may be impossible to \ndistinguish \"public\" from \"private\" because of loopi\nfication>. loopify, vb. \nloose construction. See liberal construction under CON\nSTRUCTION. \nloose constructionism. See liberal constructionism under \nCONSTRUCTIONISM. \nloose constructionist. See liberal constructionist under \nCONSTRUCTIONIST. \nlooseleaf service. (1927) A type of lawbook having pages \nthat are periodically replaced with updated pages, \ndesigned to cope with constant change and increas\ning bulk. \n\"The first loose leaf service covered the federal income \ntax, and was published in 1913 shortly after the Federal \nIncome Tax Law of 1913 went into effect. It was followed in \n1914 by a service reporting on the activities of the Federal \nTrade Commission, which had just been established. The \nloose leaf method was, therefore, first used as a means \nof reporting new tax and business laws which were to be \nsubject to administrative interpretation .... These first \nloose leaf services Were designed ... not to reprint just the \nbare text of the revenue and commiSSion acts, but to follow \nup and report each new development on these new laws as \nit occurred.\" Arthur Sydney Beardsley, Legal Bibliography \nand the Use ofLaw Books  185, at 313-14 (1937). loquela (l;l-kwee-l;l), n. [Law Latin \"talk\"] Hist. 1. The \noral discussions between the parties to a lawsuit leading \nto the issue, now called the pleadings. 2. Settlement \ndiscussions. \nloquela sine die (l;l-kwee-l;l sl-nee dI-ee or sin-ay \ndee-ay), n. [Law Latin] Rist. Indefinite postponement \nofan action. \nlord. (bef. 12c) 1. A title of honor or nobility belong\ning properly to a baron but applied also to anyone who \nattains the rank of a peer. Abbr. L. 2. (cap. & pl.) \nHOUSE OF LORDS. 3. A property owner whose land is in \na tenant's possession; LANDLORD (l). \ntemporal lord (tem-p;l-r;ll). One of the English peers \n(other than ecclesiastical) who sit in Parliament. \nLord Advocate. Scots law. An important political func\ntionary in Scottish affairs who acts as the principal \nCrown counsel in civil cases, the chief public prosecu\ntor ofcrimes, and legal adviser to the Scottish govern\nment on matters ofScots law. Formerly also termed \nKing's advocate. Cf. ADVOCATE GENERAL. \nlord-and-master rule. See HEAD-AND-MASTER RULE. \nLord Campbell's Act. 1. The 1846 English statute that \ncreated a wrongful-death claim for the relatives of a \ndecedent when the decedent would have had a claim \nifhe or she had been merely injured and not killed . \nTechnically known as the Fatal Accidents Act of 1846, \nthis statute changed the earlier rule, under which \na tortfeasor who would have been liable to another \nescaped liability if the victim died. Cf. WRONGFUL\nDEATH ACTION. \n\"The common law not only denied a tort recovery for injury \nonce the tort victim had died, it also refused to recognize \nany new and independent cause of action in the victim's \ndependents or heirs for their own loss at his death .... \nThe result was that it was cheaper for the defendant to kill \nthe plaintiff than to injure him, and that the most grievous \nof all injuries left the bereaved family of the victim, who \nfrequently were destitute, without a remedy. Since this was \nintolerable, it was changed in England by the passage of \nthe Fatal Accidents Act of 1846, otherWise known as Lord \nCampbell's Act, which has become a generic name for \nsimilar statutes.\" Prosser and Keeton on the Law of Torts \n 127, at 945 (W. Page Keeton ed., 5th ed. 1984). \n2. An American state's wrongful-death statute pat\nterned after the original English act. \nLord Chamberlain. The second officer of the royal \nhousehold in England, who serves as a peer, a privy \ncouncilor, and a member ofthe ruling government. \nAlso termed Lord Chamberlain ofthe Household. \nLord Chancellor. The highest judicial officer in England. \n The Lord Chancellor sits as speaker of the House of \nLords, is a member of the Cabinet, and presides at \nappellate judicial proceedings. Also termed Lord \nHigh Chancellor; Keeper ofthe King's Conscience. \nLord Chief Justice of England. The chief judge of the \nQueen's Bench Division of the High Court ofJustice. \n The Lord ChiefJustice also serves on the Court of \nAppeal, and ranks second only to the Lord Chancellor \nin the English judicial hierarchy. Formerly termed \n\n1029 \nChief Justice of England. Cf. CHIEF JUSTICE OF THE \nCOMMON PLEAS. \nLord Clerk Register. Scots law. The officer who, from \n1288 to 1879, was keeper of the rolls of court and \nrecords of Scotland. These functions were later dis\ncharged by the Keeper ofthe Registers ofScotland and \nthe Keeper of the Records of Scotland. \nLord Denman's Act. See DENMAN'S ACT (1). \nLord High Chancellor. See LORD CHANCELLOR. \nLord High Steward. Hist. The speaker pro tempore \nand presiding officer in the House of Lords during a \ncriminal trial of a peer for a felony or for treason . \nThe privilege of peerage in criminal proceedings was \nabolished in 1948. \nLord High Treasurer. Hist. An officer in charge of the \nroyal revenues and customs duties, and ofleasing the \nCrown lands . The functions of the Lord High Trea\nsurer are now vested in the lords commissioners ofthe \ntreasury. \nlord in gross. Hist. A lord holding the title not by virtue \nofa manor; a lord without a manor. \nLord Justice. See LORD JUSTICE OF APPEAL. \nLord Justice-Clerk. Scots law. The second highest judicial \nofficer in Scotland, historically with special responsibil\nity for criminal law . The Lord Justice-Clerk presides \nover the Second Division of the Inner House of the \nCourt ofSession. \nLord Justice General. Scots law. The highest judicial \nofficer in Scotland, and head ofthe High Court of Jus\nticiary. The Lord Justice General also holds the office \nof Lord President of the Court ofSession. \nLord Justice ofAppeal. A judge ofthe English Court of \nAppeaL Often shortened to lord justice. -Abbr. L.J. \n(or, in pI., either LL.J. or L.JJ.). \nLord Keeper. See KEEPER OF THE GREAT SEAL. \nLord Keeper of the Great Seal. See KEEPER OF THE \nGREAT SEAL. \nLord Keeper ofthe Privy Seal. See LORD PRIVY SEAL. \nLord Langdale's Act. See WILLS ACT (2). \nLord Lieutenant. 1. An honorary officeholder who is the \nQueen's representative in a county and the principal \nmilitary officer there, originally appointed to muster \nthe inhabitants to defend the country. 2. Hist. The \nformer viceroy ofthe Crown in Ireland. \nLord Lyndhurst's Act. See LYNDHURST'S ACT. \nLord Lyon King at Arms. Scots law. The monarch's rep\nresentative who grants arms to suitable applicants, \noversees the use of armorial bearings, holds court to \ndetermine rights to arms and chieftainship, and super\nvises mess"}
{"text": "the use of armorial bearings, holds court to \ndetermine rights to arms and chieftainship, and super\nvises messengers-at-arms. \nLord Mansfield's rule. The principle that neither spouse \nmay testify about whether the husband had access to \nthe wife at the time of a child's conception . In effect, \nthis rule which has been abandoned by most states loss \nmade it impossible to bastardize a child born during a \nmarriage. [Cases: Witnesses C=::oS7.] \nLord Mayor. 1. Hist. The chief officer of the corpora\ntion of the city ofLondon, so called because the fourth \ncharter ofEdward IIIconferred on that officer the honor \nofhaving maces carried before him by the sergeants. 2. \nThe title of the principal magistrate of a city, the office \nofwhich has been conferred by letters patent. \nlord mayor's court. See COURT. \nLord of Appeal. A member of the House of Lords, of \nwhom at least three must be present for the hearing \nand determination of appeals, and including the Lord \nChancellor, the Lords of Appeal in Ordinary, and the \npeers that have held high judicial offices, such as ex\nchancellors and judges of the superior court in Great \nBritain and Ireland. \nLord of Appeal in Ordinary. A person appointed and \nsalaried to aid the House of Lords in the hearing of \nappeals. \"These lords rank as barons for life, and sit \nand vote in the House of Lords even after retirement. \nCf. LAW LORD. \nLord of Parliament. A member of the House ofLords. \nLord of Session. Scots law. Any judge of the Court of \nSession. -Also termed Senator ofthe College ofJustice. \nSee COURT OF SESSION (1). \nLord Ordinary. Scots law. A judge ofthe Court ofSession, \nsitting alone at first instance in the Outer House. See \nCOURT OF SESSION (1). \nLord President. Scots law. The highest judicial officer in \nScotland, heading the Court of Session and the First \nDivision ofthe Upper House . The Lord President also \nholds the office of Lord Justice-General ofScotland. \nLord Privy Seal (priv-ee). English law. An officer who has \ncustody of the privy seal and who authenticates either \na state document before it passes to receive the Great \nSeal or a document that does not require the Great Seal \nbecause ofits minor importance . The Lord Privy Seal \nhas nominal official duties but is often made a member \nof the British cabinet. Also termed Keeper of the \nPrivy Seal; Lord Keeper ofthe Privy Seal; Privy Seal. \nLords. See HOUSE OF LORDS. \nLord's Day Act. See BLUE LAW. \nlordship. 1. Dominion. 2. An honorary title used for a \nnobleman other than a duke. 3. A customary title for a \njudge or some other public official. \nLords Marchers. See MARCHERS. \nlord spirituaL An archbishop or bishop who is a member \nof the House ofLords. \nlord temporaL A House of Lords member who is not \nan ecclesiastic. \nLord Tenterden's rule. See EJUSDEM GENERIS. \nloser-pays rule. See ENGLISH RULE. \nloss. (bef. 12c) 1. An undesirable outcome of a risk; \nthe disappearance or diminution ofvalue, usu. in an \nunexpected or relatively unpredictable way . When \n\nthe loss is a decrease in value, the usual method ofcal\nculating the loss is to ascertain the amount by which \na thing's original cost exceeds its later selling price. 2. \nTax. The excess of a property's adjusted value over the \namount realized from its sale or other disposition. IRC \n(26 USCA)  1001. Also termed realized loss. [Cases: \nInternal Revenue 3. Insurance. The amount \nof financial detriment caused by an insured person's \ndeath or an insured property's damage, for which the \ninsurer becomes liable. 4. The failure to maintain pos\nsession of a thing. \nactual loss. (18c) A loss resulting from the real and \nsubstantial destruction ofinsured property. \nactual total loss. 1. See total loss. 2. Marine insurance. \nThe total loss of a vessel covered by an insurance \npolicy (1) by its real and substantive destruction, (2) \nby injuries that destroy its existence as a distinct indi\nvidual ofa particular class, (3) by its being reduced to \na wreck irretrievably beyond repair, or (4) by its being \nplaced beyond the insured's control and beyond the \ninsured's power of recovery. [Cases: Insurance \n2235.] \nbusiness loss. See ordinary loss. \ncapital loss. (1921) The loss realized upon selling or \nexchanging a capital asset. Cf. CAPITAL GAIN. \ncasualty loss. (1934) For tax purposes, the total or \npartial destruction of an asset resulting from an \nunexpected or unusual event, such as an automobile \naccident or a tornado. lCases: Internal Revenue \n3416; Taxation \nconsequential loss. (1829) A loss arising from the \nresults ofdamage rather than from the damage itself. \n A consequential loss is proximate when the natural \nand probable effect ofthe wrongful conduct, under \nthe circumstances, is to set in operation the inter\nvening cause from which the loss directly results. \nWhen the loss is not the natural and probable effect \nof the wrongful conduct, the loss is remote. -Also \ntermed indirect loss; consequential injury. Cf. direct \nloss. [Cases: Damages (;:::J 15-23.] \nconstructive total loss. (1805) 1. Such serious damage \nto the insured property that the cost ofrepairs would \nexceed the value ofthe thing repaired. - A Iso termed \nconstructive los5. Insurance (;=::>2176. ] 2_ \nMarine underwriting. According to the traditional \nAmerican rule, such serious damage to the insured \nproperty that the cost of repairs would exceed half \nthe value ofthe thing repaired. See total loss. [Cases: \nInsurance (;::.)2236.] \ndirect loss. (ISc) A loss that results immediately and \nproximately from an event. Cf. consequential loss. \ndisaster loss. A casualty loss sustained in a geographic \narea that the President deSignates as a disaster area. \n It may be treated as having occurred during the \nprevious tax year so that a victim may receive imme\ndiate tax benefits. \neconomic loss. See ECONOMIC LOSS. extraordinary loss. (17c) A loss that is both unusual \nand infrequent, such as a loss resulting from a natural \ndisaster. \ngeneral average loss. Marine underwriting. A loss at \nsea usu. incurred when cargo is thrown overboard to \nsave the ship; a loss due to the voluntary and inten\ntional sacrifice ofpart ofa venture (usu. cargo) to save \nthe rest of the venture from imminent periL. Such \na loss is borne equally by all the interests concerned \nin the venture. See AVERAGE (3). [Cases: Insurance \n(;=::>2240.] \nhobby loss. A nondeductible loss arising from a personal \nhobby, as contrasted with an activity engaged in for \nprofit. The law generally presumes that an activity \nis engaged in for profit ifprofits are earned during at \nleast three ofthe last five IRC (26 USCA)  183. \n[Cases: Internal Revenue 3397.] \nindirect loss. See consequential loss. \nlong-term capital loss. A loss on a capital asset held for \nan extended period, usu. at least 12 months. [Cases: \nInternal Revenue (;=::>3260.] \nnet loss. The excess of all expenses and losses over all \nrevenues and gains. \nnet operating loss. (1921) The excess of operating \nexpenses over revenues, the amount of which can \nbe deducted from gross income if other deductions \ndo not exceed gross income. Abbr. NOL. [Cases: \nInternal Revenue (;::> 3399.] \nordinary loss. (1850) Tax. A loss incurred from the \nsale or exchange of an item that is used in a trade \nor business. The loss is deductible from ordinary \nincome, and thus is more beneficial to the taxpayer \nthan a capital loss. Also termed business loss. \nout-aI-pocket loss. (1921) The difference between the \nvalue ofwhat the buyer paid and the market value of \nwhat was received in return. In breach-of-contract \ncases, out-of-pocket loss is used to measure restitution \ndamages. [Cases: Damages Fraud (;=::>59(3).] \npaper loss. (1924) A loss that is realized only by selling \nsomething (such as a security) that has decreased in \nmarket value. Also termed unrealized loss. \npartial loss. A loss of part of the insured property; \ndamage not to a total loss. Cf. total loss. \n[Cases: Insurance \nparticular average loss. Marine underwriting. A loss \nsuffered by and borne alone by particular interests \nin a maritime venture. Such a loss is usu. a partial \nloss. [Cases: Insurance \npassive loss. A loss, with limited tax deductibility, from \nan activity in which the taxpayer does not materially \nparticipate, from a rental activity, or from a tax-shel\nter activity. [Cases: Internal Revenue (;:::>3418.] \npecuniary loss. A loss ofmoney or ofsomething having \nmonetary value. [Cases: Damages \nproduct-liability loss. The total ofa taxpayer's product\nliability expenses up to the amount ofthe taxpayer's \n\n1031 lost earning capacity \nnet operating loss. IRC (26 USCA)  172(j)(1). -Abbr. \nPLL. See net operating loss. [Cases: Internal Revenue \n(:='3438.] \nprogressive loss. 1. Loss that spreads or becomes more \nexpensive to repair over time. 2. Late-manifesting \nharm that is related to an event that caused immedi\nate harm, worsens over time, and is not catalyzed by \nany additional causative agent. - A classic example is \nasbestosis, a disease that manifests long after exposure \nto asbestos fibers. \nrecognized loss. Tax. The portion ofa loss that is subject \nto income taxation. IRC (26 C'SCA)  1001(c). \nsalvage loss. 1. Generally, a loss that presumptively \nwould have been a total loss if certain services had not \nbeen rendered. 2. Marine underwriting. The difference \nbetween the salvage value, less the salvage charges, \nand the original value ofthe insured property. [Cases: \nInsurance C=2233.] \ntotal loss. (1924) The complete destruction of insured \nproperty so that nothing of value remains and the \nsubject matter no longer exists in its original form. \nGenerally, a loss is total if, after the damage occurs, no \nsubstantial remnant remains standing that a reason\nably prudent uninsured owner, desiring to rebuild, \nwould use as a basis to restore the property to its \noriginal condition. Also termed actual total loss. \nCf. partial loss; constructive total loss. [Cases: Insur\nance C=:>2175.] \nunrealized loss. See paper loss. \nloss carryback. See CARRYBACK. \nloss carryforward. See CARRYOVER. \nloss carryover. See CARRYOVER. \nloss insurance. See INSURANCE. \nloss leader. (1922) A good or commodity sold at a very \nlow price, usu. below cost, to attract customers to buy \nother items. -Sometimes shortened to leader. See BAIT \nAND SWITCH. \nloss-of-bargain damages. See benefit-of-the-bargain \ndamages under DAMAGES. \nloss-of-bargain rule. (1903) The doctrine that damages \nfor a breach ofa contract should put the injured party \nin the position it would have been in ifboth parties had \nperformed their contractual duties. [Cases: Damages \nC=:> 117, 120(1).] \nloss-of-chance doctrine. (1987) A rule in some states \nproviding a claim against a doctor who has engaged in \nmedical malpractice that, although it does not result in \na particular injury, decreases or eliminates the chance \nofsurviving or recovering from the preexisting condi\ntion for which the doctor was consulted. Also termed \nlost-chance doctrine; increased-risk-of-harm doctrine. \n[Cases: Health C=833.] \nloss ofconsortium (k;m-sor-shee-am). (1878) 1. A loss of \nthe benefits that one spouse is entitled to receive from \nthe other, including companionship, cooperation, aid, \naffection, and sexual relations. _ Loss of consortium can be recoverable as damages from a tortfeasor in a \npersonal-injury or wrongful-death action. Originally, \nonly the husband could sue for loss ofconsortium. But \nin 1950, nearly a century after the enactment of the \nmarried women's property acts, a wife's action for neg\nligent impairment of consortium was first recognized. \nHitaffer v. Argonne Co., 183 F.2d 811 (D.C. Cir. 1950). \nToday 48 states and the District ofColumbia recognize \nboth a husband's and a wife's right to sue for loss ofcon\nsortium (Utah and Virginia do not). [Cases: Husband \nand Wife C~209(3, 4).] 2. A similar loss of benefits \nthat one is entitled to receive from a parent or child. \nSee CONSORTIUM. \nloss-of-use exclusion. See failure-to-perform exclusion \nunder EXCLUSION (3). \nloss-payable clause. Insurance. An insurance-policy \nprovision that authorizes the payment of proceeds to \nsomeone other than the named insured, esp. to someone \nwho has a security interest in the insured property. _ \nTypically, a loss-payable clause either designates the \nperson as a beneficiary ofthe proceeds or assigns to the \nperson a claim against the insurer, but the clause usu. \ndoes not treat the person as an additional insured. See \nMORTGAGE CLAUSE. [Cases: Insurance C=:>3450.] \nloss payee. Insurance. A person or entity named in an \ninsurance policy (under a loss-payable clause) to be \npaid ifthe insured property suffers a loss. [Cases: Insur\nance C:=-345"}
{"text": "clause) to be \npaid ifthe insured property suffers a loss. [Cases: Insur\nance C:=-3450.] \nloss ratio. 1. Insurance. The ratio between premiums \npaid and losses incurred during a given period. [Cases: \nInsurance C=1540.J 2. A bank's loan losses compared \nto its loan assets; a business's receivable losses compared \nto its receivables. \nloss reserve. See RESERVE. \nlost, adj. (l6c) 1. (Of property) beyond the possession and \ncustody ofits owner and not locatable by diligent search \n<lost at sea> <lost papers>. 2. (Of a person) missing \n<lost child>. 3. Parliamentary law. (Of a motion) \nrejected; not adopted <the motion is lost>. \nlost boundary. See BOUNDARY. \nlost-chance doctrine. (1985) 1. LOSS-OF-CHANCE \nDOCTRINE. 2. A rule permitting a claim, in limited \ncircumstances, against someone who fails to come to \nthe aid ofa person who is in imminent danger ofbeing \ninjured or killed. Cf. GOOD SAMARITAN DOCTRINE. \nlost corner. See CORNER. \nlost earning capacity. (1908) A person's diminished \nearning power resulting from an injury. -This impair\nment is recoverable as an element ofdamages in a tort \naction. Cf. lost earnings under EARNINGS. (Cases: \nDamages C'::::\" 38.] \n\"To some extent the phrases 'loss of earnings' and 'loss \nof earning capacity' are used interchangeably. But the pre' \nferred view is that they are different concepts. The former \ncovers real loss which can be proved at the trial; the latter \ncovers loss of the chances of getting equivalent work in \nthe future.\" R.F.V. Heuston, Salmond on the Law of Torts \n572 (17th ed. 1977). \n\n1032 lost earnings \nlost earnings. See EARNINGS. \nlost-expectation damages. See expectation damages \nunder DAMAGES. \nlost or not lost. Marine insurance. A policy provision \nfixing the effective date of the policy to a time preced\ning the policy date, even ifthe insured ship has already \nbeen lost when the policy is executed, as long as neither \nparty then knows, or has means of knowing, that the \nship has been lost. \nlost profits. 1. Contracts. A measure of damages that \nallows a seller to collect the profits that would have been \nmade on the sale if the buyer had not breached. VCC \n 2-708(2). [Cases: Damages Sales (::::::>384(1).] \n2. Patents. A measure ofdamages set by estimating the \nnet amount lost by a plaintiff-inventor because of the \ninfringing defendant's actions. -The plaintiff can ask \nfor a lost-profits recovery by showing that the patent is \nin demand, that the plaintiff is able to meet the demand, \nand that there are no acceptable non infringing alter\nnatives on the market. Also termed (redundantly) \nlost-profits damages. [Cases: Patents (::::::>318.] \nlost-profits damages. See LOST PROFITS (1). \nlost property. See PROPERTY. \nlost-sales-of-unpatented-items theory. Patents. A \ntheory of lost-profits remedy whereby compensation \nis sought for sales of unpatented items that the plaintiff \nwould have sold along with patented items but for the \ndefendant's infringement. \nlost-volume seller. (1974) A seller of goods who, after a \nbuyer has breached a sales contract, resells the goods \nto a different buyer who would have bought identical \ngoods from the seller's inventory even if the original \nbuyer had not breached. -Such a seller is entitled to \nlost profits, rather than contract price less market price, \nas damages from the original buyer's breach. VCC \n 2-708(2). [Cases: Sales (::::::>384(7).] \nlost will. See WILL. \nlot. (bef. 12c) 1. A tract ofland, esp. one having specific \nboundaries or being used for a given purpose. \nminimum lot. A lot that has the least amount ofsquare \nfootage allowed a local zoning law. [Cases: Zoning \nand Planning \nnonconforming lot. A previously lawful lot that now \nviolates an amended or newly adopted zoning ordi\nnance. [Cases: Zoning and Planning C=)321.] \n2. An article that is the subject of a separate sale, lease, \nor delivery, whether or not it is sufficient to perform the \ncontract. VCC  2-105(5); 2A-103(l)(s). 3. A speCified \nnumber of shares or a quantity ofa commodity \ndesignated for trading. \nodd lot. A number of shares ofstock or the value of a \nbond that is less than a round lot. \nround lot. The established unit of trading for stocks \nand bonds. _ A round lot of stock is usu. 100 shares, \nand a round lot ofbonds is usu. $1,000 or $5,000 par \nvalue. Also termed even lot; board lot. lot and scot. Hist. A collection of duties paid by voters \nbefore voting in certain cities and boroughs. \nlot line. (1829) A land boundary that separates one tract \nfrom another <from the street to the alley, the lot line \nis 150 feet>. \nlottery. (l6c) A method of raising revenues, esp. state\ngovernment revenues, by selling tickets and giving \nprizes (usu. cash prizes) to those who hold tickets with \nwinning numbers that are drawn at random. -Also \ntermed lotto. [Cases: Lotteries \nDutch lottery. A lottery in which tickets are drawn \nfrom classes, and the number and value ofprizes are \nfixed and increasing with each class. _ This type of \nlottery originated in Holland in the 16th century. \nAlso termed class lottery. \nGenoese lottery (jen-oh-eez or -ees). A lottery in which, \nout of90 consecutive numbers, five are drawn by lot, \neach player wagering that one or more ofthe numbers \nthey have chosen will be drawn . This type oflottery \noriginated in Genoa in about 1530. Also termed \nnumber lottery; numerical lottery. \nlove day. See DAY. \nLovely claim. Hist. Property. An entitlement to settle \non and take ownership of public land in \ncreated by the federal government for Lovely County \nsettlers who were displaced by an 1828 treaty that gave \nthe settlers' land to the Cherokee nation . The term \ngets its name from Lovely County in the Arkansas ter\nritory, which straddled what is now the Oklahoma\nArkansas border. The treaty divided the county, \ngranted the portion west of the Mississippi River to \nthe Cherokee nation, and required the settlers in that \nterritory to relocate. On May 24, 1828, Congress passed \nan act granting relief to Lovely County settlers who \nwere forced to leave the Cherokee land and granted \nthem land on the eastern side ofthe river. Lovely claims \nare found in chains oftitle in Arkansas. [Cases: Public \nLands (::::::>45.] \nlowbote (loh-boht). Hist. Compensation paid for the \ndeath ofone killed in a disturbance. \nlow diligence. See slight diligence under DILIGENCE. \nlower chamber. See CHAMBER. \nlower court. 1. See court below under COURT. 2. See \ninferior court under COURT. \nlower estate. See servient estate under ESTATE (4). \nlower low tide. See TIDE. \nlower-of-cost-or-market method. (1958) A means of \npricing or costing inventory by which inventory value is \nset at either acquisition cost or market cost, whichever \nis lower. [Cases: Internal Revenue \nlower scale. See SCALE. \nlowest responsible bidder. (1844) A bidder who has the \nlowest price conforming to the contract specifications \nand who is financially able and competent to complete \nthe work, as shown by the bidder's prior performance. \n[Cases: Public Contracts \n\n1033 \nlow-grade security. See SECURITY. \nlow justice. See JUSTICE (3). \nlow-total voting. See VOTING. \nlow-water mark. See WATERMARK. \nloyalty, n. (ISc) Faithfulness or allegiance to a person, \ncause, duty, or government. -loyal, adj. \nloyalty oath. See oath ofallegiance under OATH. \nL.P. See limited partnership under PART~ERSHIP. \nL.R. abbr. Law Reports. See REPORT (3). \nLRIC. abbr. LONG-RUN INCREMENTAL COST. \nL.S. abbr. LOCUS SIGILLI. \nLSAT. abbr. LAW SCHOOL ADMISSIONS TEST. \nLtd. abbr. Limited -used in company names to indicate \nlimited liability. \nLTV ratio. See LOAN-TO-VALUE RATIO. \nluce darius (lao-see klair-ee-<'Is). [Latin] Scots law. \nClearer than light.  The phrase expresses the idea that \nthe evidence is very clear, usu. in circumstances neces\nsary to support a conviction in a criminal case. -Also \ntermed luce meridiana clariores. \nlucid, adj. (16c) 1. Understandable. 2. Rational. 3. \nSane. \nlucid interval. (17c) 1. A brief period during which an \ninsane person regains sanity sufficient to have the legal \ncapacity to contract and act on his or her own behalf. \n[Cases: Mental Health C=>3.l, 371; Wills 2. \nA period during which a person has enough mental \ncapacity to understand the concept of marriage and \nthe duties and obligations it imposes. [Cases: Marriage \n3. A period during which an otherwise incompe\ntent person regains sufficient testamentary capacity to \nexecute a valid will. Also termed lucid moment. \nlucid moment. See LUCID INTERVAL. \nlucra nuptialia (loo-kra nap-shee-ay-l<'l). [Latin] Roman \nlaw. The property that one spouse receives from another, \nwhether by gift, marriage-gift, dos, or testamentary dis\nposition. See POENAE SECU~DARUM NUPTIARUM. \nlucrativa causa (loo-kr~-tI-v~ kaw-z~). [Latin] Roman \nlaw. Enrichment for which the acquirer pays nothing \n(e.g., a bequest). -Also termed causa lucrativa. \nlucrativa usucapio pro herede (loo-kra-tI-v<'l yoo-z[y]oo\nkay-pee-oh or -kap-ee-oh). [Latin] Roman law. A means \nofacquiring title to land that an heir has not possessed \nand excluding the rightful heirs by holding it for one \nyear after the death ofthe landowner. There was no \nrequirement that the possessor act in good faith. '[his \npractice survived from primitive law. Also termed \nlucrativa uscapio pro herede. See USUCAPIO. \nlucrative (loo-kr~-tiv adj. (lSc) 1. Profitable; remu\nnerative <a lucrative business>. 2. Civil law. Acquired \nor held without accepting burdensome conditions or \ngiving consideration <lucrative ownership>. \nlucrative bailment. See bailment for hire under \nBAILMENT. lump-sum agreement \nlucrative office. See OFFICE. \nlucrative succession. See PRAECEPTIO HAEREDITA1'IS. \nlucrative title. See TITLE (2). \nlucre (loo-kar), n. Monetary gain; profit. \nlucri causa (loo-kn kaw-z~). [Latin] For the sake of \ngain. Lucri causa was formerly an essential element \noflarceny, but today the thief's intent to deprive the \npossessor of property is generally sufficient. See \nLARCENY. \n\"'Lucri causa' literally means for the sake of gain. On rare \noccasions the suggestion has been made that no taking is \nwith intent to steal unless the thief is motivated by some \npurpose of gain or advantage. Even those advancing \nthis suggestion have not insisted upon an intent to gain \na pecuniary advantage. An intent to take away property \nand destroy it for the purpose of destroying evidence has \nbeen held to be sufficient even by those who have been \ninclined to insist upon lucri causa as essential to an intent \nto steal. The generally accepted view does not include this \nelement at all. It regards intent to deprive the owner of his \nproperty permanently, or an intent to deal with another's \nproperty unlawfully in such a manner as to create an obvi \nously unreasonable risk of permanent deprivation. as all \nthat is required to constitute the animus furandi -or intent \nto steal.\" Rollin M. Perkins & Ronald N. Boyce, Criminal Law \n332-33 (3d ed. 1982). \nlucro captando. 1. See CERTANS DE LUCRO CAPTANDO. \n2. IN LUCRO CAPTANDO. \nlucrum (loo-kr~m), 11. [Latin] 1. Romal11aw. Gain; profit. \n2. Hist. A small parcel ofland. \nlucrum cessans (loo-kr;:Jm ses-anz). [Law Latin \"ceasing \ngain\"] Hist. Damages awarded to include a loss of \nanticipated profit in addition to an actual realizable \nloss. Also termed lucrum interceptum. See DAMNUM \nEMERGENS. \nlucrum interceptum (loo-kram in-t;:Jr-sep-t;:Jm). See \nLUCRUM CESSANS. \nluctuosa hereditas (l;:Jk-choo-oh-sa h~-red-i-tas), n. \n[Latin \"mournful inheritance\"] See hereditas luctuosa \nunder HEREDITAS. \nluctus (13k-t~s 11. [Latin] Roman law. Mourning. -Also \ntermed tempus lugendi. \nludere in extremis (loo-dd-ree in ek-stree-mis). [Latin] \nHist. To make sport on deathbed. A person was \npresumed never to trifle at the point ofdeath. \nlukewarm ben"}
{"text": "To make sport on deathbed. A person was \npresumed never to trifle at the point ofdeath. \nlukewarm bench. See BENCH. \nluminar (loo-m;:J-nair-ee), n. [Latin \"lamp\"] Hist. A \nsmall lamp or candle set burning on a church altar, \nthe maintenance of which was provided by lands and \nrents. PI. luminaria. \nlumping. Criminal procedure. lhe imposition ofa general \nsentence on a criminal defendant. See general sentence \nunder SENTENCE. \nlumping sale. See SALE. \nlump-sum agreement. Int'llaw. An agreement for one \nnation that caused inj uries to another nation's citizens \nto make a Single payment to the other nation to settle \noutstanding claims for those injuries. The recipi\nent nation has the power to decide how the settlement \n\n1034 lump-sum alimony \nfunds should be distributed. This method of settling \nclaims has become increasingly common since the \nmid-20th century as an alternative to submitting the \nclaims to an international tribunal. \nlump-sum alimony. See alimony in gross under \nALIMONY. \nlump-sum payment. See PAYMENT. \nlunacy. See INSANITY. \nlunar month. See MONTH (3). \nlunatic, n. Archaic. An insane person. See INSANE. \ndangerous lunatic. A mentally incompetent person \nwho seems reasonably likely to harm himself or \nherself, another person, or property. \nlunch-hour rule. The doctrine that an employer is \nnot responsible for injuries suffered or caused by an \nemployee who takes a lunch break off work premises \nand, during the break, is not performing tasks in the \ncourse of the employment. [Cases: Workers' Compen\nsation ~758, 768.] \nluxury tax. See TAX. \nLWI. abbr. LEGAL WRITING INSTITUTE. \nlying by. The act or fact ofbeing present at a transaction \naffecting one's interests but remaining silent.  Courts often treat a person who was \"lying by\" at a transac\ntion as having agreed to it and as being prevented from \nobjecting to it. \nlying in wait. Criminal law. The series ofacts involved in \nwatching, waiting for, and hiding from someone, with \nthe intent of killing or inflicting serious bodily injury \non that person . Because lying in wait shows premedi\ntation and deliberation, it can result in an increased \nsentence. \nlynch, vb. (1836) (Of a mob) to kill (somebody) without \nlegal authority, usu. by hanging. [Cases: Rescue ~1; \nRiot~L] \nlynch law. (1811) The administration of summary pun\nishment, esp. death, for an alleged crime, without legal \nauthority. -Also termed (through personification) \nJudge Lynch. \nlynching law. See ANTILYNCHING LAW. \nLyndhurst's Act. Hist. An English statute that rendered \nmarriages within certain degrees of kinship null and \nvoid. Marriage Act of 1835, 5 & 6 Will. 4, ch. 54. -Also \ntermed Lord Lyndhurst's Act. \nlytae (h-tee), n. [Latin, fr. Greek] Roman law. Civil-law \nstudents in their fourth year of study. \n\nM \nM. 1. abbr. MORTGAGE. 2. Hist. A letter engraved on a \ntreasury note to show that the note bears interest at the \nrate ofone mill per centum. 3. Hist. A brand placed on \nthe left thumb of a person convicted of manslaughter \nwho claimed the benefit ofclergy. \nM1. A measure of the money supply including cash, \nchecking accounts, and travelers' checks. \nM2. A measure of the money supply including Ml \nitems, plus savings and time deposits, money-market \naccounts, and overnight-repurchase agreements. \nM3. A measure ofthe money supply including M2 items, \nplus large time deposits and money-market funds held \nby institutions. \nmace. (14c) 1. Hist. A weapon used in warfare, consist\ning of a staff topped by a heavy head, usu. of metal. 2. \nA scepter; an ornamental form of weapon used as an \nemblem ofthe dignity ofan office, as in Parliament and \nthe U.S. House of Representatives. -In the House of \nCommons, it is laid on the table when the Speaker is in \nthe chair. In the U.S. House ofRepresentatives, it is usu. \nplaced to the right ofthe Speaker and is borne upright \nby the sergeant-at -arms on extraordinary occasions, as \nwhen necessary to quell a disturbance or bring refrac\ntory members to order. 3. (cap.) The trademarked name \nof a chemical liquid that can be sprayed in a person's \nface to cause dizziness and temporary immobiliza\ntion. \nmace-bearer. A person who carries a mace betore an \nofficial, usu. one of high rank. See MACE (2). \nMacedonian Decree. See SENATUS CONSULTUM MACE\nDONIAUM. \nmace-greff (mays-gref). Hist. A purchaser of stolen \ngoods; esp. a person who knOWingly buys stolen \nfood. Also spelled mace-griefe. \nmace-proof, vb. To exempt from an arrest; to secure \nagainst an arrest. \nmacer. Scots law. See BAILIFF (1). \nmachination (mak-~-nay-sh;)ll). (lSc) 1. An act of \nplanning a scheme, esp. for an evil purpose. 2. The \nscheme so planned. \nmachine. (16c) Patents. A device or apparatus consist- ' \ning of fixed and moving parts that work together to \nperform some function. -Machines are one ofthe stat\nutory categories ofinventions that can be patented. \nAlso termed apparatus; device. Cf. MANUFACTURE; \nPROCESS (3). [Cases: Patents 10.] \nMachinists preemption. See PREEMPTION. \nMACRS. abbr. Modified Accelerated Cost Recovery \nSystem. See ACCELERATED COST RECOVERY SYSTEM. mactator (mak-tay-t;:,r), n. [Law Latin \"slaughterer\"] \nHist. A murderer. \nmaculare (mak-y;:,-lair-ee), vb. [Law Latin] Hist. To \nwound (a person). \nmade land. See LAND. \nmade law. See POSITIVE LAW. \nMadison Amendment. See TWENTY-SEVENTH AMEND\nMENT. \nMad Parliament. In 1258, a commission of24 barons \nsummoned to Oxford by Henry III to carry out certain \nreforms and settle differences between the king and \nthe barons. -The assembly was called the Mad Parlia\nment because it ultimately abridged the king's power \nand gave unprecedented powers to the barons. The \ncommission produced the Provisions of Oxford. \nAlso termed parliamentum insanum. See PROVISIONS \nOF OXFORD. \nMadrid Agreement. Trademarks. 1. An 1890 treaty \nestablishing a system for the international registra\ntion of trademarks. -The agreement's official name \nis the Madrid Arrangement Concerning the Interna\ntional Registration of Marks. A product ofthe Madrid \nRevision Conference ofthe Paris Convention in 1890, it \nwas last revised in 1967. Under this treaty's registration \nsystem, called the Madrid Union, a mark registered in a \ntreaty nation that is also registered (in French) with the \nWorld Intellectual Property Organization receives equal \nprotection in all signatory nations. 'The United States \nratified the treaty in 2002. 2. An 1890 treaty designed \nto discourage false indications of geographic source \nby permitting member nations to seize falsely marked \nimported goods. Also termed Madrid Arrangement; \nMadrid Registration ofMarks Treaty; Madrid Union. \nAlso a product of the Madrid Revision Conference of \nthe Paris Convention in 1890, the treaty's official name \nis the Madrid Arrangement Concerning the Prevention \nofFalse or Deceptive Indications ofSource. It applies to \nmanufactured and handmade goods, and agricultural \nproducts. Also termed (in sense 2) Madrid Agree\nment for the Repression ofFalse or Deceptive Indications \nofSource ofGoods. \nMadrid Protocol. Trademarks. 1. A 1996 international \nagreement that allows citizens ofa Madrid Agreement \nsignatory nation to apply for a single international \ntrademark through the World Intellectual Property \nOrganization instead of registering the trademark in \neach individual nation. _ An applicant must apply for \nthe trademark's registration in a treaty-member nation \nbefore applying for international trademark protec\ntion. 2. A 1989 international trademark-registration \nagreement that supplements the Madrid Agreement on \ntrademark registration, harmonizes the Agreement's \n\n1036 Madrid Registration of Marks Treaty \nregistration system with that of the European Union, \nand allows citizens ofnonmember nations to apply for \ninternational trademark registration without first reg\nistering the trademark in a member nation . 'When \nreferred to along with the Madrid Registration of \nMarks Treaty, it is sometimes also termed the Madrid \nSystem. See MADRID AGREEMENT (1). \nMadrid Registration of Marks Treaty. See MADRID \nAGREEMENT (1). \nMadrid System. See MADRID PROTOCOL (2). \nMadrid Union. See MADRID AGREEMENT (1). \nmaegbote. See BOTE (2). \nmagister (m<l-jis-t<lr), n. [fro Latin magis \"more\"] Roman \nlaw. 1. A master; a superior, esp. by office or position. \n2. A teacher; esp., one who has obtained eminence in a \nparticular field oflearning. \nmagister adfacultates (m<l-jis-t<lr ad fak-<ll-tay-teez), \nn. [Latin \"master for permissions\"] Eccles. law. 1. An \nofficer who grants dispensations, as to marry or to \neat meat on prohibited days. 2. MASTER OF THE FAC\nULTIES. \nmagister bonorum vendendorum (md-jis-t<lr \nba-nor-<lm ven-den-dor-<lm). [Law Latin \"master for \nsale of goods\"] Roman law. A master appointed by \nthe creditors ofan insolvent debtor to direct the sale \nof the debtor's entire estate at auction. \nmagister cancellariae (m<l-jis-t<lr kan-s<l-lair-ee-ee), \nn. [Law Latin \"master in chancery\"] Hist. A master \nin chancery so called because the officer was a \npriest. \nmagister libellorum (m<l-jis-tdr lI-bd-lor-dm). [Latin \n\"master of written petitions\"] Roman law. The chief \nof the imperial chancery bureau that handled peti\ntions to the emperor. \nmagister litis (ma-jis-tar II-tis), n. [Latin \"master \nof a lawsuit\"] Roman law. A person who directs or \ncontrols a lawsuit. \nmagister navis (m<l-jis-t<lf nay-vis). [Latin \"master of \na ship\"] Roman law. The master ofa trading vessel.  \nThe master's trading debts, including the ship's main\ntenance expenses, gave rise to an actio exercitoria. See \nactio exercitoria under ACTIO. \nmagister palatii (ma-jis-t<lr pa-Iay-shee-I), n. [Latin \n\"master of the palace\"] Civil law. A master of the \npalace, similar to the English Lord Chamberlain. \nmagister societatis (ma-jis-tar sa-sJ-<l-tay-tis). [Latin \n\"master of partnership\"] Roman law. A person \nappointed to administer a partnership's business; a \nmanaging partner or an employee. \nmagisterial (maj-i}-steer-ee-a!), adj. (17c) Ofor relating \nto the character, office, powers, or duties of a magis\ntrate. -Also termed magistral; magistratic. [Cases: \nJustices ofthe Peace (;':=> 1.] \nmagisterial district. See magisterial precinct under \nPRECINCT. \nmagisterial precinct. See PRECINCT. magistracy (maj-a-stra-see). (16c) 1. The office, district, \nor power of a magistrate. 2. A body of magistrates. \n[Cases: Justices of the Peace \nmagistral, adj. (16c) 1. Of or relating to a master or \nmasters <an absolutely magistral work>. 2. Formu\nlated by a physician <a magistral ointment>. 3. MAG\nISTERIAL. \nmagistralia brevia (maj-d-stray-lee-<l bree-vee-<l), n. \n[Law Latin \"magisterial writs\"] Hist. Magisterial writs, \nwhich were drafted by clerks ofthe chancery for use in \nspecial matters. \nmagistrate (maj-a-strayt), n. (14c) 1. The highest-rank\ning official in a government, such as the king in a \nmonarchy, the president in a republic, or the governor \nin a state. -Also termed chief magistrate;first magis\ntrate. [Cases: States 2. A local official who pos\nsesses whatever power is specified in the appointment \nor statutory grant ofauthority. 3. A judicial officer with \nstrictly limited jurisdiction and authority, often on the \nlocal level and often restricted to criminal cases. Cf. \nJUSTICE OF THE PEACE. [Cases: Justices ofthe Peace (;':=> \n31.J 4. See judicial officer (3) under OFFICER. -magis\nterial (maj-d-stir-ee-al), adj. \ncommitting magistrate. (18c) A judicial officer who \nconducts preliminary criminal hearings and may \norder that a defendant be released for lack of evidence, \nsent to jail to await trial, or released on bail. See exam\nining court under COURT. \ndistrict-court magistrate. (1932) In some states, a \nquasi-judicial officer given the power to set bail, \naccept bond, accept guilty pleas, impose sentences \nfor traffic violations and similar offenses, and conduct \ninformal hearings on civil infractions. [Cases: Justices \nof the Peace (;':=>31.]"}
{"text": "conduct \ninformal hearings on civil infractions. [Cases: Justices \nof the Peace (;':=>31.] \nfederal magistrate. See UNITED STATES MAGISTRATE \nJUDGE. \ninvestigating magistrate. (1908) A quasi-judicial officer \nresponsible for examining and sometimes ruling on \ncertain aspects of a criminal proceeding before it \ncomes before a judge. \n\"The institution of the investigating magistrate is another \nmeasure for preserving the integrity of the law at the level \nof enforcement. In this case the measure is directed not \ntoward curing the evils of a lax or sporadic enforcement, \nbut toward the eVils of an opposite nature, those resulting \nfrom an excess of zeal on the part of the prosecutor. Under \nthe system in question, before a criminal charge may be \nbrought before the regular courts it must be investigated \nby a special offiCial and, in effect, certified as deserving \ntrial in court. The investigating magistrate is thus a kind \nof quasi-judge standing halfway between the prosecutor \nand the regular court. The danger of the institution lies pre\ncisely in this twilight zone of function which it occupies, The \ncertification of a case for trial inevitably tends to confirm \nthe criminal charge against the suspect, thus creating what \nmay amount in practice to a strong presumption of gUilt. \nThe element of prejudgment involved constitutes a threat \nto the integrity of the trial in open court; the accused has, \nin effect, had a kind of half-trial in advance of the real trial, \nand this halftrial is conducted, not before but bya kind of \nhalf-judge who acts essentially as an inquisitorial court. \nin those countries where it is a part of the legal system, \nthe role of the investigating magistrate continues to be \n\n1037 \na subject of some debate, and even where it is generally \naccepted, there is always some lingering concern lest it \nbecome the subject of inconspicuous abuse.\" Lon L Fuller, \nAnatomy of the Law 38~39 (1968). \nmetropolitan stipendiary magistrate (stI-pen-dee-er\nee). English law. A stipendiary magistrate with juris\ndiction in inner London areas. _ Under the Access to \nJustice Act 1999, these magistrates have been renamed \ndistrict judges (magistrates' courts). See stipendiary \nmagistrate. \npolice magistrate. (I8c) A judicial officer who has juris\ndiction to try minor criminal offenses, breaches of \npolice regulations, and similar violations. -Also \ntermed police justice. \nstipendiary magistrate (stI -pen-dee-er-ee). English \nlaw. A salaried magistrate that performs either in \nthe place of or along with Justices of the Peace, and \nis appointed from barristers and solicitors ofseven \nyears standing. \nU.S. Magistrate. \t See UNITED STATES MAGISTRATE \nrUDGE. \nMagistrate Judge, U.S. See UNITED STATES MAGISTRATE \nrUDGE. \nmagistrate's court. See COURT. \nmagistratic, adj. See MAGISTERIAL \nmagistratus (maj-a-stray-i<'1s), n. [fro Latin magister \"a \nmaster\"] Roman law. 1. A magistrate. 2. A magistrate's \noffice. \n\"Magistratus. Denotes both the public office and the \nofficial himself. Magistracy was a Republican institution; \nunder the Principate some magistratus continued to exist \nbut with gradually diminishing importance; in the post\nDiocletian Empire some former magistracies still exist \nbut reduced nearly completely to an honorific title ... \nThe most characteristic features of the Republican magis \ntracy were the limited duration (one year) and colleague \nship since each magistracy was covered by at least two \npersons ... with equal power .... Magistrates were elected \nby the people.. . During his year of service a magistratus \ncould not be removed. Misdemeanor in office could be \nprosecuted only after the term, hence the tenure of an \noffice for two consecutive years was prohibited. .. The \ntenure of a public office was considered an honor; for that \nreason the magistrates did not receive any compensation. \nTheir political influence was, however, of greatest impor \ntance ....\" Adolf Berger, Encyclopedic Dictionary ofRoman \nLaw 571-72 (1953). \nmagistratus majores (maj-<l-stray-tds m<l-jor-eez). [Latin \n\"superior magistrates\"] Roman law. Magistrates with \nsuperior powers, including the power to review their \nown judgments. Cf. MAGISTRATUS MINORES. \nmagistratus minores (maj-d-stray-t<ls mi-nor-eez). \n[Latin \"lesser magistrates\"] Roman law. Magistrates \nwith limited powers. Cf. MAGISTRATUS MATORES. \n\"The mag/stratus minares were officials of minor impor' \ntance, they had no Imperium and were vested with a \nrestricted jurisdiction and some functions in specific \nfields .... The tenure of a minor magistracy opened the \nway for the quaestorship, the first step in the career of \nmagistratus maiares.\" Adolf Berger, Encyclopedic Diction\nary ofRoman Law 572 (1953). magnus rotulus statutorum \nmagna assisa (mag-na a-SI-zd), n. [Law Latin] Rist. The \ngrand assize. See grand assize under ASSIZE (5). \nmagna assisa eligenda (mag-n<l <l-SI-Za el-a-jen-d<l). See \nDE MAGNA ASSISA ELIGENDA. \nMagna Carta (mag-n<l kahr-ta). [Latin \"great charter\"] \nThe English charter that King John granted to the \nbarons in 1215 and that Henry III and Edward I later \nconfirmed. -It is generally regarded as one ofthe great \ncommon-law documents and as the foundation ofcon\nstitutionalliberties. The other three great charters of \nEnglish liberty are the Petition ofRight (3 Car. (1628), \nthe Habeas Corpus Act (31 Car. 2 (1679)), and the Bill \nof Rights (1 Will. & M. (1689)). Also spelled Magna \nCharta. \n\"The history of Magna Carta is the history not only of a \ndocument but also of an argument. The history of the \ndocument is a history of repeated reinterpretation. But the \nhistory of the argument is a history of a continuous element \nof political thinking. In this light there is no inherent reason \nwhy an assertion of law originally conceived in aristocratic \ninterests should not be applied on a wider scale.\" J.e. Holt, \nMagna Carta 16 (1965). \n\"Magna Carta came to be reckoned as the beginning \nof English statute law; it was printed as the first of the \nstatutes of the realm. But to explain this we have first to \nremark that of Magna Carta there are several editions. \nWe have four versions of the charter, that of 1215, that \nof 1216, that of 1217 and that of 1225, and between them \nthere are important differences. Several clauses which \nwere contained in the charter of 1215 were omitted in that \nof 1216 and were never again inserted. It seems to have \nbeen thought unadvisable to bind the young king to some \nof the more stringent conditions to which John had been \nsubjected. The charter of 1217 again differs from that of \n1216. Substantially it is in 1217 that the charter takes its \nfinal form; still it is the charter of 1225 which is the Magna \nCarta of all future times. That there were four versions \nis a fact to be carefully remembered; it is never enough \nto refer to Magna Carta without saying which edition you \nmean.\" FW. Maitland, The Constitutional History ofEngland \n15 (1908; repro 1955). \nmagna centum (mag-na sen-t<lm), n. [Law Latin \"great \nhundred\"] Six score, or 120. \nmagna culpa (mag-na k<li-p<l). [Latin \"great fault\"] \nRoman law. Gross fault. -This is sometimes equiva\nlent to dolus. See DOLUS. \nmagna neglegentia. See gross negligence under NEGLI\nGENCE. \nmagnum cape. See cape magnum under CAPE. \nMagnuson-Moss Warranty Act (mag-na-s<ln-maws \nor -mos). A federal statute requiring that a written \nwarranty of a consumer product fully and conspicu\nously disclose, in plain language, the terms and condi\ntions ofthe warranty, including whether the warranty \nis full or limited, according to standards given in the \nstatute. 15 USCA  2301-2312. [Cases: Antitrust and \nTrade Regulation (=>204.J \nmagnus rotulus statutorum (mag-nas roch-d-l<ls stach\n;:I-tor-<lm). [Law Latin \"the great statute roll\"J The first \nof the English statute rolls, beginning with Magna \nCarta and ending with Edward III. \n\nmahr 1038 \nmahr, n. Islamic law. A gift of money or property that \nmust be made by a man to the woman he marries . The \nparties agree to the mahr's amount and time ofpayment \nbefore marrying. Ifthe time of payment is indefinite or \nifthe mahr's outstanding balance is not paid sooner, the \nagreed amount or outstanding balance becomes due on \ndivorce or the husband's death. Despite the religious \nbasis for a mahr, secular courts may uphold the agree\nment ifits secular terms are enforceable as a prenuptial \ncontract. Also termed sadaq. Cf. NIKAH. \nmaiden. (bef. 12c) 1. A young unmarried woman. 2. \nScots law. An instrument used to behead criminals . \nThe Earl of Morton, who had introduced the instru\nment to Scotland, was the first to be executed by it, in \n1581. It was the prototype of the guillotine. Hence, \"to \nkiss the maiden was to be put to death.\" H. Percy Smith, \nGlossary ofTerms and Phrases 307 (1883). \nmaiden assize. See ASSIZE (1). \nmaiden name. See NAME. \nmaiden rent. See MARCHET. \nmaiestas (m<:l-yes-tas). See MAJESTAS. \nmaihem. See MAIM. \nmaihematus (may-h<:l-may-t\"s), p.pl. [Law Latin] \nMaimed; wounded. \nmaihemium. See MAIM. \nmail, n. (l3c) 1. One or more items that have been \nproperly addressed, stamped with postage, and depos\nited for delivery in the postal system. [Cases: Postal \nService 2. An official system for delivering such \nitems; the postal system. [Cases: Postal Service ():::J3.] \n3. One or more written or oral messages sent electroni\ncally (e.g., through e-mail or voicemail). [Cases: Tele\ncommunications ~1343.] \ncertified mail. Mail for which the sender requests \nproof of delivery in the form of a receipt signed by \nthe addressee . The receipt (a green card, which is \nusu. referred to as such) must be signed before the \nmail will be delivered. Also termed certified mail, \nreturn receipt requested. [Cases: Postal Service V \n19,22,23.] \nregistered mail. Mail that the U.S. Postal Service \nrecords at the time of mailing and at each point on \nits route so as to guarantee safe delivery. [Cases: Postal \nService 22,23.J \nmail, vb. (1827) 1. To deposit (a letter, package, etc.) with \nthe U.S. Postal Service; to ensure that a letter, package, \netc. is properly addressed, stamped, and placed into a \nreceptacle for mail pickup. [Cases: Postal Service C:::> \n19.] 2. To deliver (a letter, package, etc.) to a private \ncourier service that undertakes delivery to a third \nperson, often within a specified time. \nmailable, adj. (Of a letter or package) lawful to send \nthrough a postal service. [Cases: Postal Service ~ \n13.] \nmailbox rule. (1975) 1. Contracts. The principle that \nan acceptance becomes effective -and binds the offeror once it has been properly mailed. The \nmailbox rule does not apply, however, ifthe offer spec\nifies that an acceptance is not effective until received. \n[Cases: Contracts ():::J22(l).] 2. The principle that when \na pleading or other document is filed or served by mail, \nfiling or service is deemed to have occurred on the date \nofmailing. The mailbox rule varies from jurisdiction \nto jurisdiction. It may apply only to certain types of \nfilings, or it may apply to the use ofan overnight courier \ninstead of the U.S. maiL Also termed dispatch rule. \n[Cases: Habeas Corpus ~603; Pleading ():::J40, 333; \nProcess Time (;:)3.5.] \nmail cover. (1959) A process by which the U.S. Postal \nService prOVides a government agency with informa\ntion on the face of an envelope or package (such as a \npostmark) for the agency's use in locating a fugitive, \nidentifying a coconspirator, or obtaining other evidence \nnecessary to solve a crime. [Cases: Postal Service C-~ \n47.J \nmail fraud. See FRAUD. \nmail-order divorce. See DIVORCE. \nmaim, n. (14c) Archaic. The type of strength-diminish\ning injury required to support a charge of mayhem; \nesp., serious injury to a body part that is necessary for \nfighting. Also termed maihem; maihemium. See \nMAYHEM. [Cases: Mayhem -maim, vb. \n\"Maihem or maim is where by the wrongful act of another \nany member is hurt or taken away, whereby the party is \nmade unperfect to fight: as if a bone be taken out of the \nhand .... But the cutting of an ear or nose, or breaking of \nthe hinder teeth, or such like, is no maihem, because it is \nrather a deformity of body than diminishing of strength; \nand that is commonly tried by the justices beholding the \nparty. And if the justices stand in doubt whether the hurt \nbe a maihem or not, they use and will of their own discre\ntion take the help and opinion of some skilful chirurgeon, \nto conSider thereof,"}
{"text": "will of their own discre\ntion take the help and opinion of some skilful chirurgeon, \nto conSider thereof, before they determine upon the cause.\" \nTermes de la Ley 283-84 (1 st Am. ed. 1812). \n\"'Maim' is the modern equivalent of the old word 'mayhem: \nand some have long been inclined to abandon the earlier \nword entirely. There is a tendency, on the other hand, to \nretain 'mayhem' for the offense and to use 'maim' for the \ntype of injury originally required for such a crime. This \nusage has a distinct advantage because statutory enlarge \nments have included another type of injury within the \nscope of this offense, and today mayhem (the offense) \nmay involve something other than maim (the injury).\" Rollin \nM. Perkins &. Ronald N. Boyce, Criminal Law 239 (3d ed. \n1982). \nmainad (may-n<:ld). [fro Saxon manath \"a deceitful oath\"] \nHist. Perjury. \nmain-a-main (may-nah-mayn), adv. [Law French] Hist. \nImmediately. \nmain channel. See CHANNEL. \nmain demand. See DEMAND (1). \nmaine-port. Hist. A small tribute (such as loaves of \nbread) that parishioners pay to the rector in lieu of \ntithes. \nmain motion. See MOTION (2). \nmain opinion. See majority opinion under OPINION (1). \n\n1039 maintenance and cure \nmainour (may-nar), n. [fro Law French manier \"to \nhandle\"] Hist. A stolen article found in the hands of a \nthief. -At common law, the thief could be arraigned and \ntried without an indictment. -Also spelled manour; \nmeinour. Also termed mannopus; manuopus. \nmainovre (m~-noo-v<'lr), n. [fr. Law French main \"hand\" \n+ oeuvre \"work\"] Hist. 1. A trespass committed by \nhand. 2. Manual labor. Also spelled mainoeuvre. \nmainpernable (mayn-par-n~-bal), adj. Capable ofbeing \nbailed (mainprised); bailable. See MAINPRISE (2). \nmainpernor (mayn-par-n~r), n. [Law French, fro Old \nFrench main \"hand\" +pernor \"taker\"] Hist. 1. A surety \nfor a prisoner's appearance; one who gives mainprise \nfor another. Also termed mainpriser. \n\"Mainpernors differ from bail, in that a man's bail may \nimprison or surrender him up before the stipulated day of \nappearance; mainpernors can do neither, but are barely \nsureties for his appearance at the day: bail are only sureties, \nthat the party be answerable for the special matter for \nwhich they stipulate; mainpernors are bound to produce \nhim to answer all charges whatsoever.\" 3 William Black \nstone, Commentaries on the Laws of England 128 (1768). \n2. A form of bail taken under a writ of mainprise. \nAlso termed manucaptor (man-yoo-kap-tar). See \nMAINPRISE. \nmain pot. 'Tax. A step in evaluating tax liability in which \nqualified transactions are compared to determine \nwhether a net gain or loss has occurred. IRC (26 USCA) \n 1231. -Also termed big pot; hotchpot; hodgepodge. \nCf. CASUALTY POT. \nmainprise (mayn-pnz), n. [Law French, fr. Old French \nmain \"hand\" + prise \"taking\") Hist. 1. Delivery of a \nprisoner to the mainpernor. 2. A suretyship undertak\ning that makes the surety responsible for a prisoner's \nappearance in court on a specified date and time. 3. A \nwrit ordering the sheriff to take the security ofa main\npernor for the prisoner's appearance and release the \nprisoner. -Also spelled mainprize. -Also termed \nwrit ofmainprise; manucaption (man-yoo-kap-shan). \nSee DE HOMINE REPLEGIANDO. \nmainprise, vb. Hist. To release (a prisoner) on the surety \nofa mainpernor. \nmain-purpose rule. Contracts. The doctrine that if a \npromise to guarantee another's debt is made primar\nily for the promisor's own benefit, then the statute of \nfrauds does not apply and the promise need not be in \nwriting to be enforceable. Also termed main-purpose \ndoctrine; leading-object rule. [Cases: Frauds, Statute \nofG'::J23.] \nmain-relief rule. A doctrine by which venue for a lawsuit \nmay be founded on the primary relief sought by the \nplaintiff, even if other claims, which alone would not \nsupport venue, are included in the suit. [Cases: Venue \n~2.1 \nmain-rent. See VASSALAGE (2). \nmain sea. See SEA. \nmainstreaming. (1973) The practice of educating a disabled, in a regular-education setting, as opposed \nto a special-education class. Cf. LEAST-RESTRICTIVE \nENVIRONMENT. [Cases: Schools ~154(2).] \nmainsworn (mayn-sworn), p.pl. Hist. Forsworn, by \nmaking a false oath with a hand on a book. -This was \nused primarily in north England. \nmaintain, vb. (14c) 1. To continue (something). 2. To \ncontinue in possession of (property, etc.). 3. To assert (a \nposition or opinion); to uphold (a position or opinion) \nin argument. 4. To care for (property) for purposes of \noperational productivity or appearance; to engage in \ngeneral repair and upkeep. 5. To support (someone) \nfinancially; esp. to pay alimony to. [Cases: Divorce ~ \n231-247; Husband and Wife ~282-301.16. (Of a third \nparty to a lawsuit) to assist a litigant in prosecuting or \ndefending a lawsuit; to meddle in someone else's litiga\ntion. [Cases: Champerty and Maintenance \nmaintainor. (I5c) Criminal law. A person who meddles \nin someone else's litigation by providing money or other \nassistance; a person who is guilty of maintenance. \nAlso spelled maintainer. See MAINTENANCE (6). [Cases: \nChamperty and Maintenance \nmaintenance, n. (14c) 1. The continuation ofsomething, \nsuch as a lawsuit. 2. The continuing possession ofsome\nthing, such as property. 3. The assertion ofa position or \nopinion; the act ofupholding a position in argument. 4. \nThe care and work put into property to keep it operating \nand productive; general repair and upkeep. 5. Financial \nsupport given by one person to another, uSU. paid as a \nresult ofa legal separation or divorce; esp. ALIMONY. \nMaintenance may end after a specified time or upon \nthe death, cohabitation, or remarriage of the receiv\ning party. [Cases: Divorce ~208, 230; Husband and \nWife~282.] \nmaintenance in gross. (I914) A fixed amount ofmoney \nto be paid upon divorce by one former spouse to the \nother, in a lump sum or in installments. -Typically, \nthe total amount is unmodifiable regardless of any \nchange in either person's circumstances. [Cases: \nDivorce \nseparate maintenance. (I7c) Money paid by one \nmarried person to another for support if they are no \nlonger living together as husband and wife. -This \ntype of maintenance is often mandated by a court \norder. An action for separate maintenance is not \nmaintainable after the marriage has been dissolved. \nAlso termed separate support. [Cases: Husband and \nWife~282.] \n6. Improper assistance in prosecuting or defending \na lawsuit given to a litigant by someone who has no \nbona fide interest in the case; meddling in someone \nelse's litigation. Cf. CHAMPERTY. [Cases: Champerty \nand Maintenance ~1,4.] \nmaintenance and cure. iWaritime law. Compensation \nprOVided to a sailor who becomes sick or injured while \na member ofa vessel'8 crew. _ The obligation is broader \nthan what would be covered under workers' compen\ndisabled student in classes with students who are not i sation, as it applies to illness or injury whether or not \n\n1040 maintenance assessment \narising out of shipboard duties. See CURE (2). [Cases: \nSeamen (;:=:;> 11.] \nmaintenance assessment. See ASSESSMENT. \nmaintenance bond. See BOND (2). \nmaintenance call. See margin call under CALL (2). \nmaintenance fee. 1. A periodic payment required to \nmaintain a privilege, such as a license. 2. A charge \nfor keeping an improvement in working condition or \na residential property in habitable condition. Also \ntermed maintenance assessment. 3. A fee charged for \nreinvesting earnings and dividends in mutual funds. \n4. Patents. The periodic charge a patentee must pay the \nU.S. Patent and Trademark Office in order to keep the \npatent in force. U.S. maintenance fees are due 31;2, 7, \nand 111;2 years from the date the patent is issued. [Cases: \nPatents (;:=:;> 103.] \nmaintenance in gross. See MAINTENANCE. \nmaintenance margin requirement. See MARGIN \nREQUIREMENT. \nmaior (maY-<lr). See MAJOR. \nmaister (maY-5t<lr). Archaic. A master. \nmaitre (may-trd or mayt-dr), n. [French] French law. A \nmaster, esp. of a vessel. \nmaius Latium. See LATIUM MAIUS. \nmajestas (md-jes-tas), n. [Latin \"supreme power\"] Roman \nlaw. 1. The majesty, sovereign authority, or supreme \nprerogative ofthe state or sovereign; the supreme power \nofthe people, esp. as represented by their highest repre\nsentatives, the consuls, or the emperor. 2. The crime of \nhigh treason. See crimen majestatis under CRIMEN. \n\"Majestas . ... From being an attribute of the princeps. the \nword 'majesty' came to be an honorific title confined. at \nfirst, to the Roman emperors of the West but later extended \nto all kings. From the time of Henry II, it has been used in \nEngland, the full form being 'Her Most Gracious Majesty', \nThe usual form is 'Her Majesty'.\" David M. Walker, The \nOxford Companion to Law 798 (1980). \nmajor (may-jdr). [Latin] (17c) 1. Roman law. An older \nperson, esp. one older than 25 and hence offull capacity. \n2. Roman law. An ascendant; an ancestor. 3. Hist. A \nmayor. 4. ADULT. 5. In the U.S. Army, U.S. Air Force, or \nU.S. Marine Corps, a commissioned officer who ranks \nabove a captain and below a lieutenant-colonel. \nmajor action. Environmental law. An undertaking that \nmay have a Significant impact on the environment, trig\ngering the need for an environmental assessment under \nthe National Environmental Policy Act and some state \nlaws. Cf. MAJOR-FEDERAL ACTION. [Cases: Environmen\ntal Law (;:=:;>587.J \nmajor-and-minor fault rule. See MAJOR-MINOR FAULT \nRULE. \nmajor annus (may-jdf an-ds). [Latin \"the greater year\"] \nA leap year. made up of366 days. \nmajora regalia (m<l-jor-ee ri-gay-lee-<l). See regalia \nmajora under REGALIA. \nmajor crime. See FELONY (1). major disaster. A catastrophe, such as a hurricane, \ntornado, storm, flood, earthquake, drought, or fire, \nso severe that it warrants disaster assistance from the \nfederal government. -When the President declares a \nmajor disaster, the federal government supplements \nthe efforts and resources ofstates, local governments, \nand relief organizations to alleviate the damage, loss, \nhardship, and suffering caused by the catastrophe. 40 \nCPR  109. [Cases: United States (;::)82(5).] \nmajor dispute. See DISPUTE. \nmajorennitati proximus (may-jdr-en-d-tay-tI prok-sd\nmds). [Law Latin] Scots law. Near majority . Minors \nwho were near the age of majority had difficulty \narguing that a contracting party had taken advantage \noftheir age and inexperience. See IN CONFI:-IIO MAjORIS \nAETATIS. \nmajores (md-jor-eez), n. [Latin \"greater persons\"] 1. \nRoman law. Ancestors; forebears. 2. Hist. Greater \npersons; persons of a higher status. \nmajor federal action. Environmental law. An undertak\ning, either carried out by a federal agency or approved \nby a federal agency. that may have a Significant impact \non the environment . Examples include constructing \nan aqueduct or dam, constructing a highway through \nwetlands, or adopting certain agency regulations. \nUnder the National Environmental Policy Act, a federal \nagency that plans to take a major federal action that \nmay Significantly affect the environment is reqUired to \nprepare and file an environmental-impact statement, \nalong with any public comments, with the Environ\nmental Protection Agency. 40 CFR  1506.9, 1508. \n[Cases: Environmental Law C;:;;;S87.] \nmajor; minus inest (m<l-jor-I ml-ndS in-est). [Latin] Scots \nlaw. The greater includes the less. -The phrase refers \nto the principle that any conveyance of a primary right \nto property includes any lesser rights to that property. \nmajority. (l6c) 1. The status of one who has attained the \nage (usu. 18) at which one is entitled to full civic rights \nand considered legally capable of handling one's own \naffairs. See AGE OF MAJORITY. Cf. MINORITY (1). [Cases: \nInfants 2. A number that is more than half ofa \ntotal; a group of more than 50 percent <the candidate \nreceived 50.4 percent ofthe votes barely a majority>. \n"}
{"text": "a group of more than 50 percent <the candidate \nreceived 50.4 percent ofthe votes barely a majority>. \n A majority always refers to more than half of some \ndefined or assumed set. In parliamentary law, that set \nmay be all the members or some subset, such as all \nmembers present or all members voting on a particular \nquestion. A \"majority\" without further qualification \nusu. means a simple majority. See simple majority. Cf. \nPLURALITY; MINORITY (2); HALF PLUS mm. \nabsolute majority. A majority of all those who are \nentitled to vote in a particular election, regardless of \nhow many voters actually cast ballots. See QUORUM. \n[Cases; Elections 126(6),215.] \nconstitutional majority. See majority ofall the mem\nbers. \nextraordinary majority. See supermajority. \n\n1041 \nmajority ofall the members. A majority of all the \nactual members, disregarding vacancies. -Also \ntermed constitutional majority; majority ofthe entire \nmembership; majority ofthe membership. \nmajority ofall the memberships. A majority ofall the \npossible memberships, including vacancies. Also \ntermed majority ofthe fixed membership. \nmajority ofthe entire membership. See majority ofall \nthe members. \nmajority ofthefixed membership. See majority ofall \nthe memberships. \nmajority ofthe membership. See majority ofall the \nmembers. \nordinary majority. See simple majority. \nplural majority. See PLURALITY. \nsimple majority. A numerical majority of those \nactually voting . Absent members, members who \nare present but do not vote, blanks, and abstentions \nare not counted. -Also termed ordinary majority. \n[Cases: Elections C:;126(6),215.] \nsupermajority. A fixed proportion greater than half \n(often two-thirds or a percentage greater than 50%), \nrequired for a measure to pass . Such a majority is \nneeded for certain extraordinary actions, such as \nratifying a constitutional amendment or approving \na fundamental corporate change. -Also termed \nextraordinary majority. \nveto-proofmajority. A legislative majority large enough \nthat it can override an executive veto. \nmajority-consent procedure. Corporations. A statutory \nprovision allowing shareholders to avoid a sharehold\ners' meeting and to act instead by written consent of \nthe holders of a majority of shares. Delaware and a \nfew other states have enacted such procedures. [Cases: \nCorporations ~191.] \n. majority-minority district. See DISTRICT. \nmajority opinion. See OPINION (1). \nmajority report. See REPORT (1). \nmajority rule. (1848) 1. The principle that a majority of \na group has the power to make decisions that bind the \ngroup; the principle that in the choice of alternatives, \nthe one preferred by the greater number is selected. \nIt is governance by the majority of those who actually \nparticipate, regardless of the number entitled to par\nticipate. 2. The constitutional principle \"that a majority \nofthe people ofa State ... elect a majority of that State's \nlegislators,\" Reynolds v. Sims, 377 U.S. 533, 583-84, \n84 S.Ct. 1362, 1393 (1964), from which it follows that \neach voter is entitled to a share of the franchise equal \nto that ofeach other voter. See ONE-PERSON, ONE-VOTE \nRULE. 3. Corporations. Ihe common-law principle that \na director or officer owes no fidUciary duty to a share\nholder with respect to a stock transaction . This rule \nhas been restricted by both federal inSider-trading rules \nand state-law doctrine. Cf. SPECIAL-BACTS RULE. \nmajority shareholder. See SHAREHOLDER. make-whole doctrine \nmajority verdict. See VERDICT. \nmajority vote. See MAJORITY. \nmajority voting. See VOTING. \nmajor life activity. (1979) A basic activity that an average \nperson in the general population can perform with \nlittle or no difficulty, such as seeing, hearing, sleeping, \neating, walking, traveling, or working. _ A person who \nis substantially limited in a major life activity is pro\ntected from discrimination under a variety ofdisability \nlaws, most significantly the Americans with Disabilities \nAct and the Rehabilitation Act. 42 USCA  12102(2); 29 \nUSCA  705(9)(B). See AMERICANS WITH DISABILITIES \nACT. [Cases: Civil Rights 1019(2),1218(2).] \nmajor-minor fault rule. Maritime law. The principle \nthat if the fault ofone vessel in a collision is uncontra\ndicted and sufficient to account for the accident, then \nthe other vessel is presumed not to have been at fault \nand therefore not to have contributed to the accident. \nThe elimination ofthe divided-damages rule has made \nthis rule obsolete. -Also termed major-and-minor \nfault rule. [Cases: Collision 19, 122.] \nmajor offense. See OFFENSE (1). \nmajor trend. See TREND. \nmajus jus (may-j<ls j;Js). [Law Latin \"a greater right\"] Hist. \nA greater right . 'Ihis was a plea in a real action. \nmake, vb. (bef. 12c) 1. To cause (something) to exist <to \nmake a record>. 2. To enact (something) <to make law>. \n3. To acquire (something) <to make money on execu\ntion>. 4. To legally perform, as by executing, signing, or \ndelivering (a document) <to make a contract>. \nmake default. l. DEFAULT (1). 2. DEFAVLT (2). \nmake law. 1. To legislate. 2. To issue a legal precedent, \nesp. a judicial decision, that establishes a new rule of \nlaw on a particular subject. 3. Hist. To deny a plain~ \ntiff's charge under oath, in open court, with compur\ngators . \nmake purpart (p;Jr-pahrt), vb. To divide and apportion \nproperty formerly held in common. See PURPART. \nmaker. (l4c) 1. One who frames, promulgates, or ordains \n(as in lawmaker). 2. A person who signs a promissory \nnote. See NOTE (1). Cf. COMAKER. [Cases: Bills and \nNotes ~48, US.] 3. DRAWER. \naccommodation maker. (1829) One who signs a note \nas a surety. See ACCOMMODATION (2); accommodation \nindorser under INDORSER. [Cases: Bills and Notes C= \n49,122.] \nprime maker. (1972) The person who is primarily liable \non a note or other negotiable instrument. \nmakeup gas. Oil t~gas. Natural gas that has been paid for \nby the purchaser, usu. under a take-or-pay contract, but \nthat is to be delivered in the years following payment. \nSee take-or-pay contract under CONTRACT. [Cases: Gas \nC=13(1).] \nmake-whole doctrine. Insurance. 'Ihe principle that, \nunless the insurance policy provides otherwise, an \ninsurer will not receive any of the proceeds from the \n\n1042 mal \nsettlement ofa claim, except to the extent that the set\ntlement funds exceed the amount necessary to fully \ncompensate the insured for the loss suffered. [Cases: \nInsurance C::;:)3514(2).] \nmal (mal), adj. [Law French \"bad; wrong; against\"] Bad; \nwrong. In Law French, mal was a separable word, \nequivalent to the Latin male (\"badly\"). In its modern \nuses, mal-is a prefix in terms such as maladministra\ntion and malpractice. \nmala antiqua (mal-<:l an-tI-kw<:l). Old crimes; offenses \nthat date back to antiquity. \nmala demonstratio (mal-<:l dem-;m-stray-shee-oh). \n[Latin] Hist. Erroneous description. \nmaladministration. Poor management or regulation by \na public officer; specif., an official's abuse of power. \nAlso termed misadministration; breach oftrust. \nmala fides (mal-<:l fI-deez), n. See BAD FAITH (1). \nmala in se (mal-d in say or see). See MALUM IN SE. \nmalandrinus (mal-;m-drI-n<:lS), n. [Law Latin \"brigand\"] \nHist. A thief; a pirate. \nmalapportionment, n. (1959) The improper or uncon\nstitutional apportionment ofa legislative district. See \nAPPORTIONMENT (3); GERRYMANDERING; LEGISLATIVE \nDISTRICTING. [Cases: Elections 12(6).] -malap\nportion, vb. \nmala praxis (mal-d prak-sis). [Law Latin] Hist. Malprac\ntice; unskillful treatment, esp. by a doctor. \n\"Injuries. affecting a man's health. are where by any \nunwholesome practices of another a man sustains any \napparent damage in his vigor or constitution. As by selling \nhim bad provisions or wine ... or by the neglect or unskil \nful management of his phYSician, surgeon, or apothecary. \nFor it hath been solemnly resolved ... that mala praxis \nis a great misdemeanor and offence at common law. \nwhether it be for curiosity and experiment. or by neglect; \nbecause it breaks the trust which the party had placed in \nhis physician, and tends to the patient's destruction.\" 3 \nWilliam Blackstone, Commentaries on the Laws ofEngland \n122 (1768). \nmala prohibita (mal-d proh-hib-i-td). See MALUM PRO\nHIBITUM. \nmalconduct in office. See official misconduct under MIS\nCONDUCT. \nmale creditus (mal-ee kred-d-tas). [Law Latin] Hist. (Of \na person) in bad repute; untrusted. \nmalediction (mal-d-dik-shdn). Rist. A curse placed \non property donated to a church to protect it against \nanyone attempting to violate the church's rights. \nmalefaction (mal-<:l-fak-shan), n. [Latin malefacere \"to do \nevil\"] (lSc) Archaic. An evil deed; a crime or offense. \nAlso termed maleficium. malefactory, adj. \nmalefactor (mal-<:l-fak-t<:lr), n. [Latin] (ISc) A wrongdoer; \na criminal. \nmaleficium (mal-d-fish-ee-am), n. [Latin \"a misdeed\"] \nRoman law. A delict. See MALEFACTION. \nmaleson. See MALISON. malesworn (mayl-sworn), p.pl. Forsworn. -Also spelled \nmalsworn. \nmalfeasance (mal-fee-z;mts), n. (17c) A wrongful or \nunlawful act; esp. wrongdoing or misconduct by a \npublic official; MISFEASANCE IN PUBLIC OFFICE. Cf. \nMISFEASANCE; NONFEASANCE. [Cases: Officers and \nPublic Employees 121.J -malfeasant (mal-fee\nzant), adj. -malfeasor (mal-fee-z;,r), n. \nmalfunction theory. (1979) Products-liability law. A \nprinciple permitting a products-liability plaintiff to \nprove that a product was defective by proving that the \nproduct malfunctioned, instead of requiring the plain\ntiff to prove a specific defect . A plaintiff relying on \nthe malfunction theory usu. must also prove that the \nproduct was not misused, and must disprove all rea\nsonable explanations for the occurrence other than a \ndefect. [Cases: Products LiabilityC::>358.] \nmal gree (mal gree). [Law French \"against the will\"] Hist. \nAgainst the will; without consent. \nmalice, n. (14c) 1. The intent, without justification or \nexcuse, to commit a wrongful act. 2. Reckless disre\ngard of the law or of a person's legal rights. 3. III will; \nwickedness of heart. This sense is most typical in \nnonlegal contexts. \n\"Malice means in law wrongful intention. It includes any \nintent which the law deems wrongful, and which therefore \nserves as a ground of liability. Any act done with such an \nintent is, in the language of the law, malicious, and this \nlegal usage has etymology in its favour. The Latin malitia \nmeans badness, physical or moral -Wickedness in disposi \ntion or in conduct -not specifically or exclusively illwill \nor malevolence; hence the malice of English law, including \nall forms of evil purpose, deSign, intent, or motive. [Butl \nintent is of two kinds, being either immediate or ulterior. \nthe ulterior intent being commonly distinguished as the \nmotive. The term malice is applied in law to both these \nforms of intent, and the result is a somewhat puzzling \nambiguity which requires careful notice. When we say that \nan act is done maliCiously. we mean one of two distinct \nthings. We mean either that it is done intentionally, or that \nit is done with some wrongful motive.\" John Salmond, juris, \nprudence 384 (GlanVille L. Williams ed., 10th ed. 1947), \n\"[Mlalice in the legal sense imports (I) the absence of all \nelements ofjustification, excuse or recognized mitigation, \nand (2) the presence of either (a) an actual intent to cause \nthe particular harm which is produced or harm of the same \ngeneral nature. or (b) the wanton and wilful dOing of an \nact with awareness of a plain and strong likelihood that \nsuch harm may result .... The Model Penal Code does not \nuse 'malice' because those who formulated the Code had \na blind prejudice against the word. This is very regret \ntable because it represents a useful concept despite some \nunfortunate language employed at times in the effort to \nexpress it.\" Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw 860 (3d ed. 1982). \nactual malice. (18c) 1. The deliberate intent to commit \nan injury, as evidenced by external circumstances. \nAlso termed express malice; malice infact. Cf. implied \nmalice. 2. Defamation. Knowledge (by the person who \nutters or publishes a defamatory statement) that a \nstatement is false, or reckless disregard about whether \nthe statement is true. To recover for defamation,"}
{"text": "statement) that a \nstatement is false, or reckless disregard about whether \nthe statement is true. To recover for defamation, \na plaintiff who is a public official or public figure \nmust overcome the defendant's qualified privilege by \n\nproving the defendant's actual malice. And for certain \nother types of claims, a plaintiff must prove actual \nmalice to recover presumed or punitive damages. \nAlso termed New York Times malice: constitutional \nmalice; common-law malice. [Cases: Libel and Slander \ncommon-law malice. See actual malice (2). \nconstructive malice. See implied malice. \nexpress malice. (l7c) 1. Criminal law. The intent to kill \nor seriously injure arising from a deliberate, rational \nmind. [Cases: Assault and Battery (;:::J49: Homicide \n(;:::JS29.] 2. See actual malice (1). 3. Defamation. The \nbad-faith publication ofdefamatory material. [Cases: \nLibel and Slander (;:::J4, 51.] \ngeneral malice. (17c) Malice that is necessary for \nany criminal conduct; malice that is not directed \nat a specific person. Cf. particular malice. [Cases: \nCriminal Law (;:::J20.] \nimplied malice. (17c) Malice inferred from a person's \nconduct. -Also termed constructive malice; legal \nmalice; malice in law. Cf. actual malice (1). \nmalice infact. See actual malice (1). \nparticular malice. (l6c) Malice that is directed at a par\nticular person. -Also termed special malice. \ntransferred malice. (1961) Malice directed to one \nperson or object but instead harming another in the \nway intended for the first. [Cases: Assault and Battery \nC='49; Homicide (;:::J555.] \n\"[I]f A shoots at B intending to kill him, but the shot actually \nkills C, this is held to be murder of C. So also jf A throws \na stone at one window and breaks another, it is held to \nbe malicious damage to the window actually broken. This \ndoctrine, which is known as the doctrine of transferred \nmalice, applies only where the harm intended and the \nharm done are of the same kind. If A throws a stone at \na human being and unintentionally breaks a window, he \ncannot be convicted of malicious damage to the window.\" \nJohn Salmond, jurisprudence 382 (Glanville l. Williams ed., \n10th ed. 1947). \nuniversal malice. (17c) The state of mind of a person \nwho determines to take a life on slight provocation, \nwithout knowing or caring who may be the victim. \nmalice aforethought. (l7c) The requisite mental state \nfor common-law murder, encompassing anyone of \nthe following: (1) the intent to kill, (2) the intent to \ninflict grievous bodily harm, (3) extremely reckless \nindifference to the value of human life (the so-called \n\"abandoned and malignant heart\"), or (4) the intent to \ncommit a dangerous felony (which leads to culpabil\nity under the felony-murder rule). -Also termed pre\nmeditated malice; preconceived malice; malice prepense; \nmalitia praecogitata. [Cases: Homicide (;:::J529, 541, \n546.] \n\"Malice aforethought is the term which came into use \nduring medieval times to indicate the mental element nec\nessary in the felony of murder. It has been the subject of \nvoluminous jurisprudential enquiry . .\" j.W. Cecil Turner, \nKenny's Outlines ofCriminal Law 27 (16th ed. 1952). \n\"Every intentional killing is with malice aforethought \nunless under circumstances sufficient to constitute (1) justification, (2) excuse, or (3) mitigation.\" Rollin M. Perkins \n& Ronald N. Boyce, Criminal Law 58 (3d ed. 1982). \nmalice exception. (1977) A limitation on a public offi\ncial's qualified immunity, by which the official can \nface civil liability for willfully exercising discretion in \na way that violates a known or well-established right. \nSee qualified immunity under IMMUNITY (1). [Cases: \nCivil Rights (;:::J1376.] \nmalice in fact. See actual malice (1) under MALICE. \nmalice in law. See implied malice under MALICE. \nmalice prepense. See MALICE AFORETHOUGHT. \nmalicious, adj. (13c) l. Substantially certain to cause \ninjury. 2. Without just cause or excuse. \nmalicious abandonment. See ABANDONMENT (3). \nmalicious abuse of legal process. See ABUSE OF \nPROCESS. \nmalicious abuse of process. See ABUSE OF PROCESS. \nmalicious accusation. See ACCUSATION. \nmalicious act. (17c) An intentional, wrongful act done \nwillfully or intentionally against another without legal \njustification or excuse. \nmalicious arrest. See ARREST. \nmalicious assault with a deadly weapon. See ASSAULT. \nmalicious bankruptcy. See BANKRUPTCY. \nmalicious damage. See MALICIOUS MISCHIEF. \nmalicious defeuse. See DEFENSE (2). \nmalicious execution. See EXECUTION. \nmalicious injury. See INJURY. \nmalicious institution of civil proceedings. See MALI\nCIOUS PROSECUTION. \nmalicious killing. (17c) An intentional killing without \nlegal jUstification or excuse. -Also termed killing with \nmalice. Cf. ACCIDENTAL KILLING. [Cases: Homicide (;:::J \n529,546.] \nmaliciously damaging the property of another. See \nMALICIOUS MISCHIEF. \nmalicious mischief. (18c) The common-law misdemeanor \nof intentionally destroying or damaging another's \nproperty. Although modern statutes predominantly \nmake this offense a misdemeanor, a few make it a felony \n(depending on the nature ofthe property or its value). \nSee Model Penal Code  220.3. -Also termed mali\ncious mischiefand trespass; malicious injury; malicious \ntrespass; malicious damage; maliciously damaging the \nproperty ofanother; (in the Model Penal Code) criminal \nmischief [Cases: Malicious Mischief (;:::J 1.] \n\"Such phrases as 'malicious mischief and trespass,' 'mali\ncious injury,' and 'maliciously damaging the property of \nanother,' are merely additional labels used at times to \nindicate the same offense. It was a misdemeanor according \nto the common law of England, although some confUSion \nhas resulted from Blackstone's statement that it was 'only \na trespass at common law.' Before the word 'misdemeanor' \nbecame well established the old writers tended to use the \nword 'trespass' to indicate an offense below the grade of \nfelony. And it was used at times by Blackstone for this \n\npurpose, as in the phrase 'treason, felony, or trespass.'\" \nRollin M. Perkins & Ronald N. Boyce, Criminal Law405 (3d \ned.1982). \nmalicious motive. See MOTIVE. \nmalicious prosecution. (I7c) 1. The institution of a \ncriminal or civil proceeding for an improper purpose \nand without probable cause . The tort requires proof \nof four elements: (1) the initiation or continuation of \na lawsuit; (2) lack of probable cause for the lawsuit's \ninitiation; (3) malice; and (4) favorable termination \nof the original lawsuit. Restatement (Second) of Torts \n 674-81B (1977). 2. The tort claim resulting from the \ninstitution of such a proceeding . Once a wrongful \nprosecution has ended in the defendant's favor, he or \nshe may sue for tort damages. -Also termed (in the \ncontext of civil proceedings) malicious use ofprocess; \n(archaically) malicious institution ofcivil proceedings. \nCf. ABUSE OF PROCESS; VEXATIOUS SUIT; MALICIOUS \nDEFENSE. [Cases: Malicious Prosecution (::=>0.5.] \n\"The distinction between an action for malicious prosecu\ntion and an action for abuse of process is that a malicious \nprosecution consists in maliciously causing process to be \nissued, whereas an abuse of process is the employment \nof legal process for some purpose other than that which \nit was intended by the law to effect the improper use \nof a regularly issued process. For instance, the initiation \nof vexatious civil proceedings known to be groundless \nis not abuse of process, but is governed by substantially \nthe same rules as the malicious prosecution of criminal \nproceedings.\" 52 Am. Jur. 2d Malicious Prosecution  2, at \n187 (1970). \nmalicious technology. Any electronic or mechanical \nmeans, esp. software, used to monitor or gain access \nto another's computer system without authorization \nfor the purpose of impairing or disabling the system. \n Examples ofmalicious technology are Trojan horses, \ntime-outs, keystroke logging, and data-scrambling \ndevices. -Also termed malware. \nmalicious trespass. See MALICIOUS MISCHIEF. \nmalicious use of process. See MALICIOUS PROSECU\nTION. \nmalignare (mal-dg-uair-ee), vb. [Latin] Hist. 1. To \nmalign; to slander. 2. To maim. \nmalinger, vb. (1820) To feign illness or disability, esp. in \nan attempt to avoid an obligation or to continue receiv\ning disability benefits. \nmalison (mal-d-z;m or -san). [fro Latin malum \"evil\" \n+ sonus \"a sound\"J Hist. A curse_ -Also spelled \nmaleson. \nmalitia (mJ-lish-ee-J). [Latin \"malice\"] Hist. An actual \nevil design; express malice . Malitia originally signi\nfied general wrongdoing, and did not describe a wrong\ndoer's state ofmind; malitia praecogitata, for example, \nindicated only the seriousness ofthe offense, though it \nwas eventually rendered malice aforethought. \nmalitia capitalis (md-lish-ee-d kap-i-tay-lis). [LatinJ \nHist. Deadly malice. \nmalitia excogitata (eks-koj-d-tay-tJ). See malitia \npraecogitata. malitia praecogitata (pree-koj-a-tay-td). See MALICE \nAFORETHOUGHT. -Also termed malitia excogitata. \n\"[T]he word felony is often coupled with what will in the \nfuture be another troublesome term of art, to wit, malice \naforethought or malice prepense (malitia excogitata, \npraecogitata) . ... When it first came into use, it hardly \nsignified a state of mind; some qualifying adjective such \nas praemeditata or excogitata was needed if much note \nwas to be taken of intention or of any other psychical fact. \nWhen we first meet with malice prepense it seems to mean \nlittle more than intentional wrong-doing; but the somewhat \nweighty adjectives which are coupled with malitia in its \ncommonest context -adjectives such as excogirata \nare, if we mistake not, traces of the time when forsteal, \nguetapens, waylaying, the setting of ambush, was (what \nfew crimes were) a speCially reserved plea of the crown to \nbe emended, if indeed it was emendable, by a heavy wlte.\" \n2 Frederick Pollock & Frederic W. Maitland, The History of \nEnglish Law Before the Time of Edward I 468-69 (2d ed. \n1899). \nmalleable, adj. (14c) 1. (Of an object) capable of exten\nsion by hammering <the metal was malleable>. 2. (Of a \nperson) capable ofbeing influenced <the young student \nwas malleable>. \nMalleus Maleficarum (mal-ee-;}s mal-d-fi-kair-dm). \n[Latin \"Hammer of Witches\"] Hist. An encyclope\ndic work of demonology and witchcraft, prepared in \n1486 by two Dominican friars (Heinrich Kraemer and \nJohann Sprenger) as part of their efforts to eradicate \nwitchcraft in Germany. The Malleus Maleficarum \nwas based largely on folk beliefs, but it was relied on \nfor several centuries as an authoritative source on how \nto detect, extract confessions from, and prosecute \nwitches. \nMallory rule. See MCNABB-MALLORY RULE. \nmallum (mal-am), n. [Law Latin] Hist. 1. A superior \ncourt among the Salian Franks, with criminal juris\ndiction; a high court that handles important business. \n2. A public national assembly. -Also termed mallus. \nmallus. See MALLUM. \nmalo animo (mal-oh an-a-moh), adv. [LatinJ With evil \nintent; with malice. \nmalo grato (mal-oh gray-toh), adv. [l.atin] Unwill\ningly. \nMaloney Act. A 1938 amendment to the Securities \nExchange Act of 1934, providing for broker registra\ntion in over-the-counter markets. \nmalpractice (mal-prak-tis). (l7c) An instance ofnegli\ngence or incompetence on the part ofa professionaL. \nTo succeed in a malpractice claim, a plaintiff must also \nprove proximate cause and damages. Also termed \nprofessional negligence. [Cases: Negligence (::=>321.J \nlegal malpractice. A lawyer's failure to render profes\nsional services with the skill, prudence, and diligence \nthat an ordinary and reasonable lawyer would use \nunder similar circumstances. -Also termed attorney \nmalpractice. [Cases: Attorney and Client G'=;107.] \nmedical malpractice. A doctor's failure to exercise the \ndegree ofcare and skill that a physician or surgeon of \nthe same medical specialty would use under similar \n\ncircumstances. Often shortened to med. mal. \n[Cases: Health P600-835.J \nmalpractice insurance. See INSURANCE. \nmalsworn. See MALESWORN. \nmaltreatment. (l8c) Bad treatment ("}
{"text": "SURANCE. \nmalsworn. See MALESWORN. \nmaltreatment. (l8c) Bad treatment (esp. improper treat\nment by a surgeon) resulting from ignorance, neglect, \nor willfulness. See MALPRACTICE. \nmalum (mal-dm also may-Idm), n. [Latin] Something \nbad or evil. PI. mala. \nmalum in se (mal-dm in sayar see), n. [Latin \"evil \nin itself\"] (17c) A crime or an act that is inherently \nimmoral, such as murder. arson, or rape. Also \ntermed malum per se. Cf. MALUM PROHIBITUM. Pl. \nmala in se. -malum in se, adj. \n\"The basis for the distinction between mala in se and mala \nprohibita, between what one might call a crime and an \noffence -or between what one might call a felony and a \nmisdemeanour, if one could modernize those terms so that \nthe latter was given its natural meaning is that crime \nmeans to the ordinary man something that is sinful or \nimmoral, and an offence at worst a piece of misbehaviour.\" \nPatrick Devlin. The Enforcement ofMorals 33 (1968). \n\"The distinction between offenses mala in se and offenses \nmala prohibita was recognized at least as early as the fif\nteenth century. It has been criticized repeatedly. About a \ncentury and a half ago the distinction was said to be one \n'not founded upon any sound principle' and which had \n'long since been exploded.' [Quoting Bensley v. Bignold, 5 \ng, & A. 335, 341, 106 Eng. Rep. 1214, 1216 (1822); other cita \ntions omitted.] The Supreme Court, however, has shown \nthat it is just as firmly entrenched today as it was in 1495.\" \nRollin M, Perkins & Ronald N, Boyce, Criminal Law880 (3d \ned.1982). \nmalum prohibitum (mal-am proh-hib-i-tam), n. [Latin \n\"prohibited evil\"] (I8c) An act that is a crime merely \nbecause it is prohibited by statute, although the act itself \nis not necessarily immoraL -Misdemeanors such as \njaywalking and running a stoplight are mala prohibita, \nas are many regulatory violations. Cf. MALUM IN SE. Pl. \nmala prohibita. malum prohibitum, adj. \n\"Much of the criminal law that is regulatory in character \nthe part of it that deals with malum prohibitum rather than \nmalum in se is based upon the .. , principle ... that the \nchoice of the individual must give way to the convenience \nof the many.\" Patrick Devlin, The Enforcement of Morals \n16 (1968). \n\"As customarily used these phrases are mutually exclusive, \nAn offense malum prohibitum is not a wrong which is pro \nhibited, but something which is wrong only in the sense \nthat it is against the law. This is emphasized at times by \nsuch phrases as 'malum prohibitum only' or 'but malum \nprohibitum,' although it is understood without any such \nqualification. A failure to understand this usage of the \nterms has led some to assume that all statutory additions \nto the common law of crimes are mala prohibita. One writer \nemphasized his confusion by speaking of embezzlement \nas malum prohibitum. This assumption is utterly without \nfoundation, An act may be malum in se although no pun\nishment is provided by law, If this defect is corrected by \nappropriate legislation, what previously was malum in se \ndoes not cease to be so by reason of having been defined \nand made punishable by law.\" Rollin M, Perkins & Ronald \nN. Boyce, Criminal Law 884-85 (3d ed. 1982). \nmalum regimen (mal-<lm rej-<l-men). [Law Latin] \nScots law. Bad medical treatment. - A defendant in a homicide case may assert as a defense that the decedent \nactually died as a result of bad medical treatment, not \nthe defendant's actions. \nmalus animus (mal-as an-a-mas). [Latin] Scots law, Bad \nintention. -This intention, coupled with a prohibited \nact carrying it out, resulted in a crime. See DOLE; MENS \nREA. \nmalveilles (mal-vay also mal-vayls), n. [French \"misde\nmeanors\"] Hisl. 1. III will. 2. Crimes; misdemeanors; \nmalicious acts, \nmalveis procurors (mal-vay pra-kyoor-arz). [Law French \n\"defective procurers\") Hist. Persons who pack juries, as \nby nomination or other practice. \nmalversation (mal-var-say-shdn), n. [French \"ill \nbehavior\"] Official corruption; misbehavior by an \nofficial in the exercise ofthe duties ofthe office. [Cases: \nOfficers and Public Employees C--;) 121.) -malverse, \nvb. \nmalware. (1990) Slang. See MALICIOUS TECHNOLOGY. \nman. (bef. 12c) 1. An adult male. 2. Humankind. Also \ntermed mankind. 3. A human being. 4. Hist. A vassal; \na feudal tenant. \nmanacle (man-a-kdl). (14c) A shackle; a handcuff. \nmanaged care. (1982) A system of comprehensive health\ncare provided by a health-maintenance organization, \na preferred-provider organization, or a similar group. \n[Cases: Health C::=>294; Insurance <:--:>2501.] \nmanaged-care organization. An association of profes\nsional healthcare providers that offers healthcare-ser\nvice plans to subscribers. Cf. HEALTH-MAINTENANCE \nORGANIZATION; PREFERRED-PROVIDER ORGANIZATION. \n[Cases: Health P294; Insurance P2501.] \nmanagement. (16c) The people in an organization who \nare vested with a certain amount of discretion and \nindependent judgment in managing its affairs. [Cases: \nCorporations (;:::=>296.] \nmiddle management. People who exercise some discre\ntion and independent judgment in carrying out top \nmanagement's directives. \ntop management. The highest level of a company's \nmanagement, at which major policy decisions and \nlong-term business plans are made. -Also termed \nupper management. \nmanagement buyout. See BUYOUT. \nmanagement company. See COMPANY. \nManagement Directorate. The division of the Depart\nment of Homeland Security responsible for handling \nthe Department's financial and personnel affairs. \nmanagement fee. See FEE (1). \nmanager. (16c) 1. A person who administers or super\nvises the affairs of a business, office, or other organi\nzation. \ngeneral manager. A manager who has overall control \nofa business, office, or other organization, including \nauthority over other managers. - A general manager \n\nis usu. equivalent to a president or chief executive \nofficer ofa corporation. \n2. A legislator appointed to a conference committee \ncharged with adjusting differences in a bill passed \nby both houses in different versions. -Also termed \nconferee; manager ofa conference. [Cases: States \n34.] 3. Parliamentary law. A member who displays the \nevidence against another member who is charged with \nmisconduct and faces possible disciplinary action. 4. A \nrepresentative appointed by the House of Representa\ntives to prosecute an impeachment before the Senate. \n[Cases: United States ~35.] 5. A member of a board \nof managers; DIRECTOR (2). See BOARD OF DIRECTORS. \n6. A court-of-equity appointee responsible for carrying \non a business for the benefit of creditors or other ben\neficiaries. \nmanager ofa conference. See MANAGER (2). \nmanaging agent. See AGENT (2). \nmanaging conservator. See CONSERVATOR. \nmanaging conservatorship. See CUSTODY (2). \nmanagium (m\"-nay-jee-,,m), n. [Law Latin, fro Law \nFrench manage \"a dwelling\"] Hist. A dwelling; a \nmansion house. -Also termed mensa (men-s,,). \nManahan-type carried interest. Oil & gas. A transaction \nin which the owner of a lease assigns all the working \ninterest to someone else -who takes on specified costs \nofdrilling and development and the assignor retains \na reversionary interest in part of the working interest, \nwhich reverts to the assignor once the assignee has \nrecovered the specified costs during the payout period. \nManahan Oil Co. v. Commissioner, 8 T.e. 1159 (1947). \n[Cases: Mines and Minerals \nmanbote. See BOTE (2). \nmanceps (man-seps), n. [Latin \"an agent\"] I. Roman \nlaw. A purchaser of something at a state auction, esp. \na right or advantage, as in the right to farm taxes. See \nCONDUCTOR (2). \n\"Manceps. One who at a public auction, conducted by a \nmagistrate, through the highest bid obtained the right to \ncollect taxes (a tax farmer) or custom duties, the lease \nof public land (ager publicus) or other advantages (a \nmonopoly). -In postal organization mancepswas a post \nstation master.\" Adolf Berger, EncyclopediC Dictionary of \nRoman Law 573 (1953). \n2. A person who undertakes to perform a task and gives \nsecurity for the performance. 3. Roman law. A state \npostmaster. \nmanehe-present (mahnsh-pray-zon). [Law French \"a \npresent from the donor's own hand\"] A bribe. \nmancipable (man-si-pd-b<'ll), adj. Capable of mancipa\ntion. \nmancipant (man-si-p<'Int), n. One who transfers property \nby mancipation. \nmancipare (man-s,}-pair-ee), vb. [fro Latin manus \"hand\" \n+ capere \"to take\"] Roman law. 1. To alienate (a thing) \nthrough mancipation. 2. To sell (esp. a person) fictitiouslyas part ofthe emancipation process. See MAN\nCIPATION. \nmancipatio (man-s,}-pay-shee-oh), n. [Latin] See MAN\nCIPATION. \nmancipation (man-si-pay-sh\"n), n. [fr. Latin mancipa\ntio \"hand-grasp\"]!. Roman law. A legal formality for \ntransferring property by either an actual or a simulated \npurchase; a formal conveyance in the guise ofa sale . \nThe formality required the presence ofthe thing being \nconveyed (res mancipi), and offive adult male citizens \nacting as witnesses. Another person (the libripens) \nheld the bronze scales with which the purchase price \nhad been weighed out. The buyer made an assertion \nof ownership, struck the scales with a piece of bronze \nor copper, then gave the metal piece to the seller as \na symbolic price. In Roman dassicallaw, either this \nprocedure or cessio in jure was necessary to pass legal \ntitle. Ihis form ofsale was abolished by Justinian. 2. A \nsimilar form used for making a will, adoption, eman\ncipation of children, etc. Also termed mancipatio. \nSee RES MANCIPI. Cf. EMANCIPATION. mancipate, \nvb. mancipatory (man-si-p,,-tohr-ee), adj. \n\"Mancipatio is the solemn sale per aes et libram. In the \npresence of five witnesses (cives Romani puberes) a skilled \nweighmaster (iibripens) weighs out to the vendor a certain \namount of uncoined copper (aes, raudus, raudusculum) \nwhich is the purchase-money, and the purchaser, with \nsolemn words, takes possession with his hand hence \nthe description of the act as 'hand-grasp' of the thing \npurchased as being his property.\" Rudolph Sohm, The Insti \ntutes: A Textbook ofthe History and System ofRoman Private \nLaw 48 (james Crawford Ledlie trans., 3d ed. 1907). \nmancipatory will. See WILL. \nmancipi res (man-s,,-pI reez). See RES MANCIPI. \nmancipium (man-sip-ee-<'Im), n. [Latin \"a slave\"] Roman \nlaw. 1. A slave, esp. by virtue of being captured by an \nenemy in war. 2. A temporary quasi-servile status, nec\nessarily occurring in an emancipation, and also when \na master or father noxally surrendered a slave or son to \nan injured party to answer for an offense committed by \nthe slave or son against that party. See EMANCIPATION; \nNOXAL ACTION (1). \n\"But if the patria potestas could be created, it could also be \nterminated, by an artificial process .... The father could \nnot by a simple act of his own will release the son from his \ncontrol. For this purpose he must sell him out of his own \nhands into that state of mancipium or qualified slavery of \nwhich we have spoken. Even then the father's power was \nnot destroyed: it was suspended during the existence of \nthe mancipium; but if the mancipium ceased, if the son \nwas set free by the person who held him in that condition, \nthe father's right revived .... It was not until he had sold \nhim three times over, that he used up his right of control \nbeyond the poss! bility of a revival. This, then, was the form \nby which the son was liberated from the patria potestas.\" \nJames Hadley, Introduction to Roman Law 126-27 (1881). \n3. MANCIPATION (1). \nM & A. abbr. Mergers and acquisitions. See MERGER. \nmandamus (man-day-m\"s), n. [Latin \"we command\"] \n(16c) A writ issued by a court to compel performance \nof a particular act by a lower court or a governmental \nofficer or body, usu. to correct a prior action or failure \n\nto act. Also termed writ ofmandamus; mandate; \n(in BrE) order. [Cases: Mandamus 1.J Pl. manda\nmuses. -mandamus, vb. \nalternative mandamus. A writ issued upon the first \napplication for relief, commanding the defendant \neither to perform the act demanded or to appear \nbefore the court at a specified time to show cause for \nnot performing it. [Cases: Mandamus (;:::::> 158.] \nperemptory mandamus. An absolute and unqualified \ncommand to the defendant to do the act in question. \n It is issued when the defendant defaults"}
{"text": "us. An absolute and unqualified \ncommand to the defendant to do the act in question. \n It is issued when the defendant defaults on, or fails \nto show sufficient cause in answer to, an alternative \nmandamus. [Cases: Mandamus C:;)179.] \nmandans (man-danz), n. [Latin] Roman law. The prin\ncipal for whom a mandated person undertakes to \nperform a gratuitous service. See MANDATOR (2). \nmandant (man-d;mt), n. [French) French & Scots law. \nThe principal in a contract ofmandate, such as a bailor \nin a bailment. See MANDATOR. \nmandatary (man-d;:l-ter-ee), n. (i5c) 1. A person to \nwhom a mandate is given. See MANDATE (5). 2. An \nagent, esp. one who acts gratuitously but is entitled to be \nindemnified for expenses incurred in carrying out the \nmandate. Also termed (in Roman law) mandatarius. \n3. Civil law. The person who is employed to a mandator \nin a gratuitous agency. -Also termed mandatee; man\ndatarius. See MANDATE (5). mandatary, adj. \nmandate, n. (16c) 1. An order from an appellate court \ndirecting a lower court to take a specified action. \nAlso termed (in BrE) order. See MANDAMUS. [Cases: \nAppeal and Error (;:::::> 1186.1; Federal Courts \n949.1.] 2. A judicial command directed to an officer \nof the court to enforce a court order. 3. In politics, the \nelectorate's overwhelming show of approval for a given \npolitical candidate or platform. 4. Roman & civil law. \nA written command given by a principal to an agent; \nspecif., a commission or contract by which one person \n(the mandator) requests someone (the mandatary) to \nperform some service gratuitously, the commission \nbecoming effective when the mandatary agrees. La. \nCiv. Code art. 2989 . In this type of contract, no lia~ \nbility is created until the service requested has begun. \nThe mandatary is bound to use reasonable care in per\nformance, while the mandator is bound to indemnify \nagainst loss incurred in performing the service. \nAlso termed mandatum. 5. Louisiana law. A contract \nby which one person, the principal, confers authority \non another person, the mandatary, to transact one or \nmore affairs for the principal. La. Civ. Code arts. 2989 \net seq . The contract of mandate may be either onerous \nor gratuitous. It is gratuitous ifthe parties do not state \notherwise. 6. Hist. Int'llaw. An authority given by the \nLeague ofNations to certain governments to take over \nthe administration and development of deSignated ter~ \nritories. Cf. TRUSTEESHIP (2). mandate, vb. \nmandatee. See MANDATARY. \nmandate rule. (1958) The doctrine that, after an appel\nlate court has remanded a case to a lower court, the lower court must follow the decision that the appel\nlate court has made in the case, unless new evidence \nor an intervening change in the law dictates a different \nresult. [Cases: Appeal and Error C::o 1195(1); Federal \nCourts (;:::::>950.] \nmandator (man-day-tdr or man-day-t;:lr). (17c) 1. A \nperson who delegates the performance of a mandate to \nanother. 2. Civil law. The person who employs another \n(called a mandatary or mandatarius) in a gratuitous \nagency. See MANDATE (5). -Also termed mandant. \n3. BAILOR (1). \nmandatory, adj. (I5c) Of, relating to, or constituting a \ncommand; required; preemptory. \nHA provision in a statute is said to be mandatory when \ndisobedience to it, or want of exact compliance with it, \nwill make the act done under the statute absolutely void.\" \nHenry Campbell Black, Handbook on the Construction and \nInterpretation of the Laws 334 (1896). \nmandatory commitment. See COMMITMENT. \nmandatory injunction. See INJUNCTION. \nmandatory instruction. See JURY INSTRUCTION. \nmandatory joinder. See compulsory joinder under \nJOINDER. \nmandatory penalty. See mandatory sentence under \nSENTENCE. \nmandatory power. See POWER (5). \nmandatory presumption. See conclusive presumption \nunder PRESUMPTION. \nmandatory punishment. See mandatory sentence under \nSENTENCE. \nmandatory rule. See KGLE (1). \ni mandatory sentence. See SENTENCE.; \n' mandatory sentencing. See SENTENCING. \nmandatory statute. See STATUTE. \nI mandatory subject ofbargaining. Labor law. A topic \nthat is required by the National Labor Relations Act \nto be discussed in good faith by the parties during \nlabor negotiations; an essential employment matter, \nincluding wages, hours, and other terms and condi\ntions of employment, about which management and the \nunion are required to negotiate in good faith, and that \ncan lawfully form the basis of a collective-bargaining \nimpasse. 29 USCA  158(d). -Often shortened to man\ndatory subject. Cf. PERMISSIVE SUBJECT OF BARGAIN\nING. [Cases: Labor and Employment 1125.J \nmandatory trust. See TRUST. \nmandatory waiver. The mandatory transfer, without \njudicial discretion, of a case from juvenile court to \ncriminal court once the prosecutor has charged a \njuvenile with one of certain statutorily enumerated \nserious crimes. See TRANSFER STATUTE. C STATUTORY \nEXCLUSIOK. [Cases: Infants (;:::::>68.7.] \nmandatum (man-day-t~m). Roman & civil law. A \nbailment in which the bailee will, without recompense, \nperform some service relating to the goods; MANDATE \n\n(4). This type of bailment is for the sole benefit of \nthe bailor. \nmandavi ballivo (man-day-vI ba-b-voh). [Law Latin \"I \nhave commanded the bailiff\"] Hist. A sheriff's return \nstating that the sheriff ordered a bailiff to execute a \nwrit. \nman-endangering state of mind. See PERSON-ENDAN\nGERING STATE OF MIND. \nmanerium (ma-neer-ee-am), n. [Law Latin, fro Latin \nmanere \"to remain\"] Hist. A manor. \n'The term manerium seems to have come in with the \nConqueror, though other derivatives from the Latin verb \nmanere, in particular mansa, mansio, mansiuncula had \nbeen freely employed by the scribes of the land-books. \nBut these had as a rule been used as representatives ofthe \nEnglish hide, and just for this reason they were incapable of \nexpressing the notion that the Normans desired to express \nby the word manerium. In its origin that word is but one \nmore name for a house. Throughout the Exeter Domesday \nthe word mansio is used instead of the manerium of the \nExchequer record, and even in the Exchequer record we \nmay find these two terms used interchangeably ....\" \nFrederic W, Maitland, Domesday Book and Beyond 108-09 \n(1921), \nmangonare (mang-ga-nair-ee), vb. [fro Latin mango \"a \ndealer\"] To buy in a market; to deal. \nmanhood. (Be) 1. A male person's majority. 2. Hist. \nA ceremony ofa vassal paying homage to the vassal's \nlord. -Also termed homagium. \n\"Besides an oath of fealty, or profession of faith to the \nlord, which was the parent of our oath of allegiance, the \nvassal or tenant upon investiture did usually homage to his \nlord; openly and humbly kneeling, being ungirt, uncovered, \nand holding up his hands both together between those of \nthe lord, who sate before him; and there professing that \n'he did become his man, from that day forth, of life and \nlimb and earthly honour:' and then he received a kiss from \nhis lord, Which ceremony was denominated homagium, \nor manhood, by the feudists.\" 2 William Blackstone, Com\nmentaries on the Laws of England 53 (1766). \nmania a potu. See DELIRIUM TREMENS. \nmania transitoria. Hist. Insanity ofbrief duration, expe\nrienced while committing a criminal act.  In a mem\norandum opinion, the Supreme Court used the term \nto mean emotional insanity. See Mutual Life Ins. CO, \nV. Terry, 82 U.S. 580, 583-84 (I872). But other courts \nhave applied the literal meaning (temporary insanity). \nSee, e.g., Rush v. Megee, 36 Ind. 69 (I871). Cf. emotional \ninsanity and temporary insanity under INSANITY. \nmanifest, n. (16c) A document listing the cargo or pas\nsengers carried on a ship, airplane, or other vehicle; \nesp., a shipping or warehousing document containing \na list ofthe contents, value, origin, carrier, and destina\ntion ofthe goods. Cf. CONTENT. \nmanifestation ofintention. (1826) Wills & estates. The \nexternal expression ofthe testator's intention, as distin\nguished from an undisclosed intention. -Also termed \nmanifestation ofintent. \nmanifestation theory. Insurance. The doctrine that \ncoverage for an injury or disease falls to the policy \nin effect when the symptoms of the covered injury or \ndisease first appear. Cf. EXPOSURE THEORY; ACTUALINJURY TRIGGER; TRIPLE TRIGGER. [Cases: Insurance \n(;:::>2265.] \n\"Some injuries do not manifest themselves until a period \nof time has elapsed between the occurrence of the event \nthat produces the harm and the time when it becomes \napparent. Particularly when these claims result from what \noften were not recognized as dangerous products or \nchemicals when the exposure occurred, such as asbestos \nor dioxin, the consequences are referred to as 'delayed \nmanifestation' injuries .. , . [Under the] '[m]anifestation' \ntheory ... [some] courts have concluded that coverage \nis provided by the insurance policy in place at the time \nthe injury becomes apparent, that is, when the injury is \nmanifested.\" Robert E. Keeton & Alan I. Widiss, Insurance \nLaw: A Guide to Fundamental Principles, Legal Doctrines, \nand Commercial Practices  5.10(d)(3). at 598 (1988). \nmanifest constitutional error. See ERROR (2). \nmanifest-disregard doctrine. (1983) The principle that \nan arbitration award will be vacated if the arbitrator \nknows the applicable law and deliberately chooses to \ndisregard it, but will not be vacated for a mere error \nor misunderstanding of the law. [Cases: Alternative \nDispute Resolution (;:::> 329.] \nmanifest error. See ERROR (2). \nmanifest-error-or-dearly-wrong rule. (1981) In some \njurisdictions, the doctrine that an appellate court \ncannot set aside a trial court's finding of fact unless \na review of the entire record reveals that the finding \nhas no reasonable basis. rCases: Appeal and Error C=: \n999(1),1008.1(5, \nmanifest injustice. A direct, obvious, and observable \nerror in a trial court, such as a defendant's guilty plea \nthat is involuntary or is based on a plea agreement that \nthe prosecution has rescinded. [Cases: Criminal Law \n(;:::>273.1(2),274(3.0.] \nmanifest intent. See INTENT (1). \nmanifest law. See LEX MANIFESTA. \nmanifest necessity. See NECESSITY. \nmanifesto. (17c) A written statement publicly declar\ning the issuer's principles, policies, or intentions; esp. \na formal document explaining why a state or nation \ndeclared war or took some other significant interna\ntional action. \nmanifest thief. See FUR MANIFESTUS. \nmanifest weight ofthe evidence. A deferential standard \nofreview under which a verdict will be reversed or dis\nregarded only if another outcome is obviously correct \nand the verdict is dearly unsupported by the evidence. \nCf. WEIGHT OF THE EVIDENCE. [Cases: Criminal Law \nEvidence (;:::>584.J \nmanipulation. Securities. (1888) The illegal practice of \nraising or lowering a security's price by creating the \nappearance ofactive trading . Manipulation is pro\nhibited by section lO(b) of the Securities Exchange \nAct of 1934.15 USCA  78j(b). -Also termed market \nmanipulation; stock manipulation. [Cases: Securities \nRegulation (;:::>60.25.] \nmankind. See MAN (2). \n\n1049 \nMann Act. A federal law, enacted originally in 1910, \nmaking it illegal to transport an individual in interstate \nor foreign commerce for prostitution or other criminal \nsexual activity. -It is named its sponsor, Rep. James \nRobert Mann. 18 USCA  2421-2424. Also termed \nWhite Slave Traffic Act. [Cases: Prostitution C~;>15.] \nmanner and form. See MODO ET FORMA. \nmannire (m,,-flI-ree), vb. [Law Latin) Hist. To summon \n(an adverse party) to court; to prosecute (a case). \nmannopus (man-oh-pas). [fro Latin manus \"hand\" + \nopus \"work\"] Hist. 1. Manual labor. 2. A day's work. 3. \nGoods taken from the hands ofan apprehended thief; \nMAINOUR. \nmanor. (14c) 1. A feudal estate, usu. granted by the king \nto a lord or other high person and cultivated as a unit. \n-In more ancient times, the lord's manor included a \nvillage community, usu. composed ofserfs. \n\"[T]o ask for a definition of a manor is to ask for what can \nnot be given. We may however draw a picture of a typical \nmanor. and, this done, we may discuss the"}
{"text": "for what can \nnot be given. We may however draw a picture of a typical \nmanor. and, this done, we may discuss the deviations from \nthis type .... [W]e may regard the typical manor (I) as \nbeing, qua viII, a unit of public law, of police and fiscal \nlaw, (2) as being a unit in the system of agriculture, (3) as \nbeing a unit in the management of property, (4) as being a \njurisdictional unit. But we ... see that hardly one of these \ntraits can be considered as absolutely essential. The most \nimportant is the connection between the manor and the \nviII ....\" 1 Frederick Pollock & Frederic W. Maitland, The \nHistorv of English Law Before the Time ofEdward / 596-97 \n(2d ed. 1898). \n''The term [manor] applied, after the Norman conquest, to \nestates organized under knights, ecclesiastical corpora\ntions, or otherwise. and managed and cultivated as units. \nBy the end of the 11th century, the main element was the \nfeudal lord, and soon he came to be regarded as the owner \nof the manor, and to have authority over the tenants, and \nthe right to hold a court for them .... In the thirteenth \nand fourteenth centuries, a manor also implied a right of \njurisdiction exercised through a court baron, attended by \nboth freeholders and villein tenants .... In the eighteenth \ncentury the manorial court decayed rapidly, cases being \ngenerally brought in the King's courts, the only surviving \nbusiness being copyhold conveyancing.\" David M. Walker, \nThe Oxford Companion to Law 803 (1980). \nreputed manor. A manor in which the lands not \ngranted in tenancy but reserved for the lord's own \nuse (demesne lands) and services become absolutely \nseparated. The manor is no longer a manor in actu\nality, only in reputation. Also termed seigniory in \ngross. \n2. A jurisdictional right over tenants ofan estate, usu. \nexercised through a court baron. 3. Hist. In the United \nStates, a tract ofland occupied by tenants who pay rent \nto a proprietor. 4. A mansion on an estate. \nmanorial extent. Hist. A survey ofa manor by a jury of \ntenants, giving the numbers and names oftenants, the \nsize oftheir holdings, the kind oftenure, and the kind \nand amount ofthe tenants' services. \nmanorial system. The medieval system ofland owner\nship in which serfs and some freemen cultivated the \nsoil of a manor in return for a lord's protection. See \nMANOR (1). manslaughter \nmanse (mans), n. [Law Latin] Hist. 1. A portion ofland \nlarge enough to maintain one family.; a sufficient \namount ofland to be worked by a yoke ofoxen for a \nyear. 2. A house without land; MESSUAGE. 3. The resi\ndence of a minister, esp. a Presbyterian minister. 4. A \nlarge, imposing residence. -Also termed mansus. \nmanser (man-sar), n. [Law Latin] Hist. A bastard. \nMansfield rule. (1968) The doctrine that a juror's testi\nmony or affidavit about juror misconduct may not be \nused to challenge the verdict. This Mansfield rule \nis intended to ensure that jurors are heard through \ntheir verdict, not through their postverdict testimony. \nIn practice, the rule lessens the possibility that lOSing \nparties will seek to penetrate the secrets of the jury \nroom. The rule was first announced in Vaise v. Delaval, \n99 Eng. Rep. 944 (K.B. 1785), in an opinion by William \nMurray, first Earl ofMansfield, the Lord ChiefJustice of \nthe Court ofKing's Bench. [Cases: Criminal Law C=> \n957; Federal Civil Procedure C':::>2371; New Trial \n143; Trial G=>344.] \nmansio (man-shee-oh), n. [Law Latin] Hist. 1. An inn. \n2. A house. \nmansion-house. l. Hist. The residence of the lord of a \nmanor. 2. DWELLING-HOUSE. \nmansion-house rule. The doctrine that a tract of land \nlying in two counties will be assessed, for property-tax \npurposes, in the county in which the house is located. \n[Cases: Taxation C=>2216.] \nmanslaughter, n. (15c) The unlawful killing ofa human \nbeing without malice aforethought. Also termed (in \nsome jurisdictions) cuLpable homicide. Cf. MURDER. \n[Cases: Homicide C=>654.]- manslaughter, vb. \nfirst-degree manslaughter. See voluntary manslaugh\nter. \nintentional manslaughter. See voluntary manslaugh\nter. \nintoxication manslaughter. An unintentional homicide \ncommitted by an intoxicated person while operating \na vehicle or some other type ofmachinery. lCases: \nAutomobiles G=>344.] \ninvoluntary manslaughter. (18c) Homicide in which \nthere is no intention to kill or do grievous bodily \nharm, but that is committed with criminal negligence \nor during the commission ofa crime not included \nwithin the felony-murder rule. Also termed neg\nligent manslaughter; second-degree manslaughter; \nmanslaughter in the second degree. Cf. ACCIDENTAL \nKILLING. [Cases: Homicide G=>659.] \n\"Involuntary manSlaughter is a 'catch-all' concept. It \nincludes all manslaughter not characterized as voluntary.\" \nRollin M. Perkins & Ronald N. Boyce, Criminal Law 104 (3d \ned. 1982). \n\"The only differences between the legal use and the \neveryday use of 'voluntary,' 'not voluntary,' and 'involun\ntary' seem to be (a) a more frequent use of 'involuntary' \nas a synonym of 'not voluntary' and (b) a technical use of \n'involuntary' in the crime of 'involuntary manslaughter,' \nwhere it seems to have the meaning of 'unintentional.' \nThus, as contrasted with 'voluntary manslaughter,' there \n\nis no suggestion that death, as contrasted with harm, was \nintended or foreseen. Though it is often confined to cases \nof assault and battery where death results, for example \neither from the withholding of food or from excessive chas\ntisement of a child, some jurists say that it can be due to \nany unlawful and dangerous action causing death.\" Alan \nR. White, Grounds of Liability 61-62 (1985). \nmanslaughter in the first degree. See voluntary man\nslaughter. \nmanslaughter in the second degree. See involuntary \nmanslaughter. \nmisdemeanor manslaughter. (1947) Unintentional \nhomicide that occurs during the commission of a \nmisdemeanor (such as a traffic violation). [Cases: \nHomicide C::>661.) \nnegligent manslaughter. See involuntary manslaugh\nter. \nsecond-degree manslaughter. See involuntary man\nslaughter. \nvoluntary manslaughter. (lSc) An act of murder \nreduced to manslaughter because ofextenuating cir\ncumstances such as adequate provocation (arousing \nthe \"heat ofpassion\") or diminished capacity. -Also \ntermed intentional manslaughter; first-degree man\nslaughter; manslaughter in the first degree; uninten\ntional murder. [Cases: Homicide 0=658.) \nmanstealing. See KIDNAPPING. \nmansuetae naturae (man-swee-tee na-tyoor-ee), adf \n[Latin \"of a tamable nature\") Civil law. (Of animals) \ntame or tamable. [Cases: Animals 0=1.5.) \nmansuetae naturae (man-swee-tee na-tyoor-ee), n. Civil \nlaw. Tame, domesticated animals. See domestic animal \nunder ANIMAL. [Cases: Animals C= L5;) \nmansuetus (man-swee-tas), adj. [Latin) Roman law. \nTame; tamed. \nmansus. See MANSE. \nmanticulate (man-tik-ya-layt), vb. To pick pockets. \nmanticuiation, n. \nmantle child. See CHILD. \nmantrap. See TRAP. \nmanual, adj. Used or performed by hand <manual \nlabor>. \nmanual delivery. Delivery ofpersonal property by actual \nand corporeal change in possession. \nManual for Courts-Martial. A manual that implements \nthe Uniform Code ofMilitary Justice . Itwas adopted \nin 1969 by presidential executive order. [Cases: Military \nJustice (;:::)507.J \nmanual gift. See GIFT. \nmanu aliena (man-yoo ay-Iee-ee-n<l or al-ee-). [Latin] \nScots law. By the hand of another. The phrase was \ncontained in a notary's docket and was attached to the \nend ofan instrument ofseisin, as a means for the notary \nto indicate that the instrument was written by another \nperson. See DOCKET (5). manualis obedientia (man-yoo-ay-lis a-bee-dee-en\nshee-<l). [Latin \"obedience by (taking or kissing) hand\"] \nSworn obedience upon an oath. \nmanual labor. Work performed chiefly through muscular \nexertion, with or without tools or machinery. \nManual of Classification. Patents. The U.S. Patent \nand Trademark Office's official looseleaf publication \ndescribing the patent classification system and giving \nbrief explanations ofeach class and subclass within the \nsystem. \nManual of Patent Examining Procedure. The book of \nsubstantive law (judicial and administrative-law prec\nedents) and procedural rules for patent examiners at \nthe U.S. Patent and Trademark Office . The MPEP \nis the primary resource that patent examiners use to \nprocess patent applications. -Abbr. MPEP. [Cases: \nUnited States 0=97.] \nManual of the Judge Advocate General. The Secretary \nof the Navy's directive on military justice, with minor \nvariations between rules applicable to the Navy and \nthose applicable to the Marine Corps. Also termed \nJAG Manual. [Cases: Military Justice C=51O.] \nmanual-rating insurance. See INSURANCE\nmanu brevi (man-yoo bree-vI). See BREVI MANU. \nmanucaptio (man-ya-kap-shee-oh), n. [Law Latin) Rist. \n1. Surety; security; bail. 2. A writ allowing a person to \nbe admitted to bail, when the person had been arrested \nfor a felony but could not be admitted to bail by the \nsheriff. See MAINPRISE. \nmanucaption (man-yoo-kap-shan), n. Rist. 1. MAIN\nPRISE. 2. A writ ordering someone to produce an \nalleged felon in court. \nmanucaptor. See MAINPERNOR (2). \nmanufacture, n. (l6c) Patents. A thing that is made or \nbuilt by a human being (or by a machine), as distin\nguished from something that is a product of nature; \nesp. any material form produced by a machine from an \nunshaped composition of matter.  Manufactures are \none of the statutory categories ofinventions that can \nbe patented. Examples ofmanufactures are chairs and \ntires. 35 USCA  101. Also termed article ofmanu\nfacture. Cf. MACHINE; PROCESS (3). [Cases: Patents \n\"13.) \n\"A manufacture must have a definable structure that is \nclaimed as its patentable characteristic. Manufactures are, \nafter all, a category of product patents, and therefore must \nbe 'things,' as opposed to ways or means. In summary, a \npatentable manufacture is any humanmade structure that \nhas inventive characteristics.\" Arthur R. Miller & Michael H. \nDavis, Intellectual Property in a Nutshel/30 (2d ed. 1990). \nmanufactured diversity. See DIVERSITY OF CITIZEN\nSHIP. \nmanufactured home. See HOME. \nmanufacturer. (17c) A person or entity engaged in pro\nducing or assembling new products . A federal law \nhas broadened the defll1ition to include those who act \nfor (or are controlled by) any such person or entity in \n\n1051 \nthe distribution ofnew products, as well as those who \nimport new products for resale. 42 USCA  4902(6). \nmanufacturer's liability. See PRODUCTS LIABILITY. \nmanufacturer's lien. See LIEN. \nmanufacturing clause. Hist. 1. A component of the \nCopyright Act of 1976 prohibiting imports of more \nthan 2,000 copies of a nondramatic English-language \nliterary work by an American author, unless the \nmaterial was manufactured in Canada or the U.S. \nThe manufacturing clause expired in 1986. 2. A com\nponent ofthe Copyright Act of 1909 limiting copyright \nprotection for English-language books and periodicals \nto those printed in the U.S. \nmanufacturing cost. See COST (1). \nmanufacturing defect. See DEFECT. \nmanu forti (man-yoo for-til. [Latin] With strong \nhand. _ This term was used in old writs of trespass \nto allege forcible entry, as in manu forti et cum multi\ntudine gentium (\"with strong hand and multitude of \npeople\"). \nmanu longa (man-yoo long-ga ). See LONGA MANU. \nmanu militari (man-yoo mil-a-tair-I). [Latin] Hist. By \nmilitary force. \nmanumission (man-ya-mish-an), n. [Latin manumissio \n\"I send out of hand\"] (15c) Roman law. The granting \nof freedom to a slave. -In the Republic and early \nEmpire, there were three usual methods, all of which \nmade the freed slave a citizen. These were (1) manumis\nsion vindicta (by the rod), a fictitious lawsuit in which \na liberator touched the slave with a wand or rod in the \npresence of the praetor and alleged that he was free; \n(2) manumission censu, by which the slave's name was \nen"}
{"text": "etor and alleged that he was free; \n(2) manumission censu, by which the slave's name was \nenrolled in the census as a citizen; and (3) manumission \ntestamento, by will. Under Justinian, a grant offreedom \nin any form (except in fraud ofcreditors) made the slave \nfree and a citizen. Also termed manumissio. [Cases: \nSlaves ~22.] \n\"Manumission is a kind of new birth. The master (patronus) \ntherefore stands to his freedman in a relation analogous to \nthe relation between father and son. The patron, as such, \nis entitled, as against his libertus, to a father's rights of \nsuccession and guardianship. He has the right of moderate \nchastisement (levis coercitio). He has the same claim to \nbe treated with respect as he has against his son. He \ncan claim to be supported by the libertus, if he falls into \npoverty. He is, lastly, entitled to certain services on the \npart of the freedman, which he can, if necessary, enforce \nby action, provided only the freedman had promised them \nafter his manumission and in a manner not derogatory to \nhis liberty.\" Rudolph Sohm, The Institutes: A Textbook of \nthe History and System of Roman Private Law 170 Oames \nCrawford Ledlie trans., 3d ed. 1907). \nmanumission censu. The freeing of a slave by having \nthe censor enter the slave's name on the census roll, \nthe slave profeSSing to be a freeman in the presence \nof the master. -Once the censor entered the slave's \nname on the census roll, the slave became a freeman \nand a citizen -by a simple stroke ofthe pen. -Also \ntermed manumissio censu. manutenentia \nmanumission sacrorum causa. The freeing of a slave \nby the master's solemnly declaring that the slave was \nto be free while holding a limb ofthe slave and prom\nising to pay a sum of money if the freedman later \ndeparts from the sacra (family rites). -The master \nthen turned around and released the slave, who \nbecame free but was bound to perform the family \nrites. -Also termed manumissio sacrorum causa. \nmanumission testamento. The freeing ofa slave by will \nin either of two ways: (1) the master's granting the \nslave freedom outright in the will, or (2) the master's \nimposing on an heir the obligation offreeing the slave, \nin which case the slave became the freedman of the \nheir. -Also termed manumissio testamento. \nmanumission vindicta. The ceremonial freeing of a \nslave whereby a third party, in the presence of the \npraetor, placed a rod (vindicta) on the slave while \nclaiming that the slave was a freedman, where\nupon the master admitted the slave's freedom and \nthe praetor then declared the slave to be free. -This \nceremony was actually a fictitious action at law. \nAlso termed manumissio vindicta. \nmanumit (man-Y<l-mit), vb. To free (a slave). -manu\nmitter, n. \nmanung (man-<lng). Hist. An official's jurisdictional \ndistrict. -Also spelled monung. \nmanuopus (man-yoo-oh-pas). See MAINOUR. \nmanupes (man-ya-peez), n. [Law Latin] Hist. A full \n12-inch foot as a legal measure. \nmanupretium (man-Y<l-pree-shee-am), n. [Latin] Roman \nlaw. Wages for performed labor or services. \nmanu propria (man-yoo proh-pree-a). [Latin] Hist. By \none's own hand. \nmanurable (ma-n[y]oor-a-bal), adj. [Law French ff. Old \nFrench main \"hand\"] Hist. (Of a thing) capable of being \nheld in hand; capable of being touched. \nmanure (ma-nyoor), vb. [Law French fro Old French main \n\"hand\"] Hist. To use (something) manually; to perform \nmanual labor on (something). \nmanus (may-nas), n. [Latin \"hand\"]!. Roman law. The \npower exercised by the head of a family over all its \nmembers and slaves; esp. a husband's power over his \nwife; marital subordination, which accompanied most \nmarriages in early Rome. 2. Hist. A compurgator, or the \noath taken. -\"Ihis usage of manus may stem from the \naffiant's placing a hand on the Bible while taking the \noath. See COMPURGATOR. \nmanuscript. (16c) An unpublished writing; an author's \ntypescript or written work product that is proposed \nfor publication. \nmanuscript policy. See INSURANCE POLICY. \nmanus mortua (may-nas mor-choo-a). [Latin \"dead \nhand\"] See MORTMAIN. \nmanutenentia (man-ya-ta-nen-shee-a), n. [Law Latin] \nHis!. The old writ of maintenance. See MAINTE\nNANCE. \n\n1052 manworth \nmanworth. Hist. The value ofa person's life. \nMapp hearing. (1971) Criminal procedure. A hearing \nheld to determine whether evidence implicating the \naccused was obtained as the result of an illegal search \nand seizure, and should therefore be suppressed. Mapp \nv. Ohio. 367 U.S. 643,81 S.Ct. 1684 (1961). [Cases: \nCriminal Law (;:::>394.6.] \nmaquiladora (mah-kee-ld-dohr-d), 11. [fro Spanish \nmaquilar \"gristmill\"] (1976) A Mexican corporation, \nesp. one that holds a permit to operate under a special \ncustoms regime that temporarily allows the corpora\ntion to import duty-free into Mexico various raw mate\nrials, equipment, machinery, replacement parts, and \nother items needed for the assembly or manufacture \nof fmished goods for export. -Often shortened to \nmaquila. \nmara (mair-d), 11. [Law Latin] Hist. A lake; a pool; a body \nofwater that cannot be drained. \nMARAD. abbr. MARITIME ADMINISTRATION. \nmaraud (md-rawd), vb. (18c) To rove about to pillage or \nplunder; to loot. -marauder, 11. \nmarcatus (mahr-kay-tds), n. [l.aw Latin] Hist. The yearly \nrent ofa tract ofland. \nmarch. Hist. A boundary between countries or territo\nries, esp. the border between England and Wales or \nbetween England and Scotland. \nMarchers. Hist. Lords who lived on the borders of \nScotland and Wales, and operated, with the permission \nof the English sovereigns, under their own private laws. \n-The laws were eventually abolished by the statute 27 \nHen. 8, ch. 26. Also termed Lords Marchers. \n\"Thus the Lords Marchers were practically independent \npotentates of a kind very unusual in England. From this \ntwo consequences flowed. In the first place there grew up \nin their jurisdictions a mixture of Welsh custom and English \nlaw known as the custom of the Marches. In the second \nplace, although they held of the king, their allegiance sat so \nlightly upon them that it was necessary to declare in 1354 \nthat 'all the Lords of the Marches ofWales shall be perpetu\nally attending and annexed to the crown of England, and \nnot to the principality ofWales, in whose hands so ever the \nsame principality be,'\" 1 William Holdsworth, A History of \nEnglish Law 121 (7th ed. 1956). \nmarchet (mahr-chet). Hist. A fee paid by a feudal tenant \nto the lord so that the tenant's daughter could marry \nsomeone outside the lord's jurisdiction or so that the \nlord would waive the droit du seigneur. Also termed \nmarcheta; marchetum; merchet; mercheta; merchetum; \nmaiden rent. See DROIT DU SEIGNEUR. \n\"Any service which stamps the tenant as an unfree man, \nstamps his tenure as unfree; and in common opinion such \nservices there are, notably the merchetum. Now among the \nthousands of entries in English documents relating to this \npayment, it would we believe be utterly impossible to find \none which gave any sanction to the tales of a ius primae \nnoctis. The context in which this duty is usually men\ntioned explains at least one of the reasons which underlie \nit, The tenant may not give his daughter (in some cases \nhis son or daughter) in marriage -at least not outside \nthe manor. , .. No doubt a subjection to this restraint \nwas regarded as very base, and sometimes it is described \nin vigourous words which express a free man's loathing for servility: -'he must buy, he must make ransom for, \nhis flesh and blood,'\" 1 Frederick Pollock & FrederiC W, \nMaitland, The History of English Law Before the Time of \nEdward I 372 (2d ed. 1898), \nmarch-in rights. Patel1ts. The government's right to \nstep in and grant a new license or revoke an existing \nlicense if the owner of a federallv funded invention \n(or the owner's licensee) has not adequately developed \nor applied the invention within a reasonable time. 35 \nUSCA  203. [Cases: Patents \nmarchioness (mahr-shd-nis or mahr-sha-nes), n. [fr. \nLaw Latin marchiol1issa, the feminine counterpart to \nmarchio \"marquess\"] A female dignity, equivalent to a \nmarquis, conferred by creation or by marriage with a \nmarquis. See MARQUIS. \nMarcus model. Labor law. A method for determining \nwhether a union member's state-law claim against the \nemployer is preempted by federal law, by focusing on \nwhether the state-law claim can be maintained inde\npendently of an interpretation of the collective-bar\ngaining agreement. -In Lingle v. Norge Div. ofMagic \nChef, Inc., 486 U.S. 399, 108 S.Ct. 1877 (1988), the \nSupreme Court held that a union member's state-law \nretaliatory-discharge claim was not preempted by the \nLabor-Management Relations Act because the claim \ncould be resolved without interpreting the collective\nbargaining agreement. There are at least two models for \napplying the Lingle test: the White model, which focuses \non whether the claim is negotiable or nonnegotiable \n(that is, whether state law allows the claim to be waived \nby a private contract), and the Marcus model, which \nfocuses on the independence ofthe claim in relation to \nthe collective-bargaining agreement. Cnder the Marcus \nmodel. ifthe claim can be maintained separately from \nan interpretation ofthe collective-bargaining agree\nment, it is not preempted regardless of whether the \nclaim is generally waivable in contract. The Marcus \nmodel is named for the author of the law-review note \nin which it was proposed. Stephanie R. Marcus, Note, \nThe Need for a New Approach to Federal Preemption \nofUnion Members' State Law Claims, 99 Yale L.J. 209 \n(1989). See LINGLE TEST. Cf. WHITE MODEL. \nmare (mair-ee or mahr-ee), n. Hist. [Latin] The sea. See \nSEA. \nmare clausum (mair-ee or mahr-ee klaw-zdm). [Latin \n\"closed sea\"] A sea or other body of naVigable water \nthat is under the jurisdiction of a particular nation \nand is closed to other nations. \nmare liberum (mair-ee or mahr-ee lib-dr-dm or \nII-bar-am). [Latin \"free sea\"] 1. A sea or other body \nof navigable water that is open to all nations. 2. \nFREEDOM OF THE SEAS. \nmarescallus (mar-d-skal-as), 11. [Law Latin]}. A marshal; \na high royal officer. Also termed mareschal. 2. A \nmaster ofthe stables. 3. A military officer, similar to a \nconstable, who acted as quartermaster. 4. An officer of \nthe Court ofExchequer. 5. A state officer. 6. An officer \nof a manor. \n\n1053 \nmarettum (ma-ret-am), n. [fr. Latin mare \"the sea\" + \ntegere \"to cover\"] Hist. Marshy ground flooded by the \nsea. \nmargin, n. (14c) 1. A boundary or edge. 2. A measure or \ndegree of difference. 3. PROFIT MARGIN. 4. The differ\nence between a loan's face value and the market value \nof the collateral that secures the loan. 5. Cash or col\nlateral required to be paid to a securities broker by an \ninvestor to protect the broker against losses from secu\nrities bought on credit. [Cases: Securities Regulation \n~45.1O, 45.11.16.1he amount of an investor's equity \nin securities bought on credit through the broker. \nmargin, vb. -marginal, margined, adj. \ngood-faith margin. The amount of margin that a \ncreditor exercising good judgment would customar\nily require for a specified security position . This \namount is established without regard to the cus\ntomer's other assets or securities positions held with \nrespect to unrelated transactions. \nmarginable security. See SECURITY. \nmargin account. See ACCOUNT. \nmarginal cost. See COST (1). \nmarginal note. A brief notation, in the nature of a sub\nheading, placed in the margin of a printed statute to \ngive a brief indication of the matters dealt with in the \nsection or subsection beside which it appears . For \nease of reference, marginal notes are usu. in distinc\ntive print. Many jurisdictions hold that notes of this \nkind cannot be used as the basis for an argument about \nthe interpretation of a statute. -Also termed sidenote. \n[Cases: Statutes (;::)211.] \nmarginal release. See RELEASE (2). \nmarginal revenue. See REVENUE. \nmarginal tax rate. See TAX RATE. \nmargin call. See CALL (2). \nmargin deficiency. Securities. The extent to which the \namount of the required margin exceeds the equity in \na margin account. [Cases: Securities Regulation C= \n45.l1.} \nmargined security. See SECURITY. \nmargin list. A Federal Reserve Board list limiting the \nloan value ofa particular bank's"}
{"text": "ined security. See SECURITY. \nmargin list. A Federal Reserve Board list limiting the \nloan value ofa particular bank's stock to a certain per\ncentage (e.g., 50%) ofits market value . When a bank \nis not on the list, no limit is placed on the loan value of \nstock used as collateral. \nmargin requirement. Securities. The percentage of the \npurchase price that a buyer must deposit with a broker \nto buy a security on margin. This percentage of the \npurchase price is set and adjusted by the Federal Reserve \nBoard. [Cases: Securities Regulation C'::45.11.] \n\"Margin requirements are the statutory and administrative \nrestrictions placed upon the percentage of the value of \nsecurities that may be borrowed for the purpose of the \npurchase of such securities, the term 'margin' referring to \nthe percentage of the value that must be paid in cash by the \npurchaser. Such requirements have been implemented for \nthe purposes of preventing the excessive use of credit for \nthe purchase or carrying of securities, and of reducing the i \ni \n' \nI \n, \n! marine-rescue doctrine \naggregate amount of the national credit resources, which \nare directed by speculation into the stock market, and of \nachieving a more balanced use of such resources.\" 69 Am, \nJur. 2d Securities Regulation -Federal  481 (1993). \ninitial margin requirement. Ihe minimum percentage \nof the purchase price that a buyer must deposit with \na broker.  The Federal Reserve Board establishes \nminimum margin requirements to prevent excessive \nspeculation and price volatility. (Cases: Securities \nRegulation (~.J45.ll.J \nmaintenance margin requirement. The minimum \nequity that a buyer must keep in a margin account, \nexpressed as a percentage ofthe account value. [Cases: \nSecurities Regulation ~45.11.J \nmargin stock. See marginable security under \nSECURITY. \nmargin transaction. A securities or commodities trans\naction made through a broker on a margin account. \nAlso termed buying on margin. See MARGIN (5). [Cases: \nSecurities Regulation ~45.11.J \nmariage de convenance. See marriage ofconvenience \nunder MARRIAGE (1). \nmarinarius (mar-a-nair-ee-as), n. [Law Latin] Hist. A \nseaman; a mariner.  Marinarius capitaneus (kap-a\ntay-nee-as) was the admiral or warden of the ports. \nmarine, adj. (15c) 1. Ofor relating to the sea <marine \nlife>. 2. Of or relating to sea navigation or commerce \n<marine insurance> <marine interest>. \nmarine belt. See territorial waters under WATER. \nmarine carrier. See CARRIER. \nmarine contract. See maritime contract under \nCONTRACT. \nMarine Court in the City of New York. The New York \nCity court, originally created to resolve seamen's \ndisputes, that was the predecessor of the City Court \nof New York. \nmarine insurance. See INSURANCE. \nmarine interest. See MARITIME INTEREST. \nmarine league. See LEAGUE. \nmarine loan. See maritime loan under LOAN. \nmarine peril. See PERIL OF THE SEA. \nmarine protest. A writing attested by a justice of the \npeace, a notary public, or a consul, made or verified by \nthe master of a vessel, stating that the vessel has suffered \na severe voyage and that the master has engaged in \nneither misconduct nor negligence. See PROTEST. \nmariner. (l4c) A person employed on a vessel in sea navi\ngation; SEAMAN. (Cases: Seamen ~2.] \nmarine-rescue doctrine. The rule that when a person \non a ship goes overboard, the ship must use all reason\nable means to retrieve the person from the water ifthe \nperson can be seen, and, if the person cannot be seen, \nmust search for the person as long as it is reasonably \npossible that the person is still alive. [Cases: Seamen \n~29(1).] \n\n1054 marine risk \nmarine risk. See PERIL OF THE SEA. \nmariner's will. See soldier's will under WILL. \nmarine rule. The doctrine that if the cost of restoring \ndamaged property would exceed one-half the value \nof the property before the damage, then the property \nis deemed to be totally destroyed. _ The marine rule \ndeveloped in the context ofapplying marine insurance \nto damaged ships, but it has also been applied to other \nproperty, including buildings. \nmariner's hypothec. See HYPOTHEC. \nmarine service. See MARITIME SERVICE. \nmaritage (ma-ri-tij), n. See DOWRY. \nmaritagium (mar-a-tay-jee-am), n. [l.aw Latin] Hist. 1. \nA lord's right to arrange a marriage for his infant ward; \nspecif., the power ofa feudal lord to give his infant ward \nor a vassal's heiress, minor heir, or widow in marriage, \nor to extract a fine from a vassal upon the vassal's \nmarriage. 2. Hist. The income derived from fines paid \nby vassals for the lord's permission to marry. 3. DOWER. \n4. A marriage gift; DOWRY. See DOS. -Also termed (in \nsense 4) maritage. \n\"[Wjhile to the common lawyer dos meant dower, in other \nsystems it meant dowry: a gift to the Wife, or to husband \nand wife, by the bride's parents or other relatives. In \nEngland this was called the 'marriagegift' or maritagium. \nMarriage-gifts were com monly made either to establish a \ncadet branch of a family or to assist a daughter who was \nnot an heiress to make a good match:' J.H. Baker, An intro \nduction to English Legal History 31 0 (3d ed. 1990). \nmaritagium habere (mar-a-tay-jee-am ha-beer-ee). \n[Law Latin] To have the right of arranging a woman's \nmarriage. _ This was a privilege granted by the Crown \nto favored subjects. See MARITAGIUM. \nmarital, adj. (17c) Of or relating to the marriage rela\ntionship <marital property>. [Cases: Divorce <8=:>248; \nHusband and Wife (~~1-354.1 \nmarital agreement. (1866) An agreement between \nspouses or two people engaged to be married con\ncerning the division and ownership of marital \nproperty during marriage or upon dissolution by \ndeath or divorce; esp. a premarital contract or sepa\nration agreement primarily concerned with dividing \nmarital property in the event ofdivorce. -Also termed \nmarriage settlement; property settlement. See PRENUP\nTIAL AGREEMENT; POSTNUPTIAL AGREEMENT. [Cases: \nHusband and Wife \nmarital-communications privilege. See marital privi\nlege (1) under PRIVILEGE (3). \nmarital deduction. See DEDUCTION. \nmarital-deduction trust. See TRUST. \nmarital dissolution. See DIVORCE. \nmarital domicile. See matrimonial domicile under \nDOMICILE. \nmarital estate. See marital property under PROPERTY. \nmarital home. See FAMILY HOME. \nmarital immunity. See husband-wife immunity under \nIMMUNITY (2). marital life-estate trust. See bypass trust under TRUST. \nmarital misconduct. Any of the various statutory \ngrounds for a fault divorce, such as adultery or cruelty. \nSeefault divorce under DIVORCE. [Cases: Divorce <8=:> \n12-38,252.2.] \nmarital portion. 1. Civil law. The portion of a deceased \nspouse's estate to which the surviving spouse is entitled. \n2. Louisiana law. The portion of a deceased spouse's \nestate to which the surviving spouse is entitled if the \nspouse died \"rich in comparison with the surviving \nspouse.\" La. Civ. Code art. 2432. [Cases: Descent and \nDistribution <8=:>52(1).] \nmarital-privacy doctrine. A principle that limits gov\nernmental intrusion into private family matters, such \nas those involving sexual relations between married \npersons. The marital-privacy doctrine was first rec\nognized in Griswold v. Connecticut, 381 U.S. 479, 85 \nS.Ct. 1678 (I965). The doctrine formerly deterred state \nintervention into incidents involving domestic violence. \nToday, with the trend toward individual privacy rights, \nthe doctrine does not discourage governmental protec\ntion from domestic violence. -Also termed doctrine of \nmarital privacy. [Cases: Constitutional Law <8=:> 1247.] \nmarital privilege. See PRIVILEGE (3). \nmarital property. See PROPERTY. \nmarital rape. See RAPE. \nmarital residence. See FAMILY HOME. \nmarital rights. (18c) Rights and incidents (such as \nproperty or cohabitation rights) arising from the \nmarriage contract. [Cases: Husband and Wife \n1-25(6).] \nmarital settlement agreement. See DIVORCE AGREE\nMENT. \nmarital status. The condition of being single, married, \nlegally separated, divorced, or widowed. \nmarital tort. See TORT. \nmaritare (mar-<l-tair-ee), vb. Hist. To marry. \nmariticide. (1992) 1. The murder ofone's husband. 2. A \nwoman who murders her husband. Cf. UXORICIDE. \nmariticidal, adj. \nmaritima Angliae (m<l-rit-a-m<J ang-glee-ee). [Law \nLatinl Hist. l. The seacoast. 2. The Crown's sea revenue, \nas from wreckage and from whales or sturgeons cast \nashore. -The revenue was formerly collected by sheriffs \nand later by the Lord High Admiral. \nmaritima incrementa (m<J-rit-a-ma in-kra-men-ta). \n[Latin \"marine increases\"] Hist. Alluvion caused by \nthe sea; land gained from the sea. \nmaritime (mar-i-tIm), adj. (16c) 1. Connected with or \nsituated near the sea. 2. Ofor relating to sea navigation \nor commerce. \n'The word 'maritime' has in the Constitution its appropriate \nmeaning, i.e., relating to the sea, and 'sea' is a word ofwide \nextension and appl ication .... Its classical and scriptural \nequivalents are applied to all sorts of navigable waters. It \nis not restricted, even in common speech, to waters where \nthe tide ebbs and flows, for the Baltic Sea, the Black Sea, \n\n1055 \nthe Sea of Azof, the Sea of Marmora, the Mediterranean \nSea, the great scenes of early maritime enterprise, have \nno visible tide.\" 1 Steven F. Friedell, Benedict on Admiralty \n 103, at 7-5 (7th ed. 1996). \nMaritime Administration. A unit in the U.S. Depart\nment of Transportation responsible for subsidizing \ncertain costs of operating ships under the U.s. flag; \nconstructing or supervising the construction of mer\nchant-type ships for the U.S. government; administer\ning the War Risk Insurance Program; and operating the \nMerchant Marine Academy, which trains merchant\nmarine officers. Abbr. MARAD. [Cases: Shipping \n(;-)3,14.] \nmaritime belt. See territorial waters under WATER. \nMaritime Commission. See FEDERAL MARITIME COM\nMISSION. \nmaritime-connection doctrine. See LOCALITY-PLUS \nTEST. \nmaritime contract. See CONTRACT. \nmaritime court. See ADMIRALTY (1). \nmaritime employment. Under the Longshoremen's \nand Harbor Workers' Compensation Act, a job that \nis related to the loading, unloading, construction, or \nrepair of a vesseL 33 USCA  902(3). [Cases: Workers' \nCompensation (;::>260, 262.J \nmaritime flavor. The relation ofa given case to shipping \nconcerns. This is a factor used in determining federal \nadmiralty jurisdiction over a particular matter by ana\nlyzing whether the matter sufficiently relates to marine \nand shipping concerns and whether there is need for a \nfederal response. [Cases: Admiralty (;::> 10(2),18.] \n'There is perhaps no more elusive concept in the law of \nadmiralty than 'maritime flavor: ... While 'maritime flavor' \nis incapable of precise definition, certain observations may \nbe helpful. Generally, courts find 'maritime flavor' in those \nevents and transactions which are miijor concerns of the \nshipping industry. This is tempered by the realization that \nexercise of federal control will not necessarily promote \nmaritime shipping with the same vigor as control by a \ncoastal or predominantly maritime state. Since federal law \nwill not necessarily be more favorable, courts may find \n'maritime flavor' only when there is a perceived need for a \nuniform national rule, which can only be provided by the \nfederal sovereign: Frank L Maraist, Admiralty in a Nutshell \n23 (2d ed. 1988). \nmaritime interest. Interest charged on a loan secured \nby a sea vessel or its cargo, or both. Because of the \nlender's considerable risk, the interest rate may be \nextraordinarily high. Also termed marine interest. \nmaritime jurisdiction. See ADMIRALTY AND MARITIME \nJURISDICTION. \nmaritime law. The body of law governing marine \ncommerce and navigation, the carriage at sea ofpersons \nand property, and marine affairs in general; the rules \ngoverning contract, tort, and workers' -compensation \nclaims or relating to commerce on or over water. \nAlso termed admiralty; admiralty law; sea law. Cf. \nGENERAL MARITIME LAW; LAW OF THE SEA. [Cases: \nAdmiralty (;::> 1.5.] \nmaritime lien. See LIEN. market \nmaritime loan. See LOAN. \nmaritime peril. A danger or risk arising from navigating \nor being at sea. [Cases: Salvage ~-:;-'5.] \nmaritime service. Maritime law. Work performed in \nconnection with a ship or commerce on navigable \nwaters, such as service to preserve a ship's crew, cargo, \nor equipment. -Also termed marine service. [Cases: \nAdmiralty (;::> 13.) \nmaritime state. Rist. The collective officers and mariners \nof the British n"}
{"text": "alty (;::> 13.) \nmaritime state. Rist. The collective officers and mariners \nof the British navy. \nmaritime tort. See TORT. \nmaritus (md-rI-tds), n. [Latin] A husband; a married \nman. \nmark, n. (bef. 12c) l. A symbol, impression, or feature \non something, usu. to identify it or distinguish it from \nsomething else. 2. TRADEMARK (1). 3. SERVICEMARK. \nbenchmark. See BENCHMARK. \ncertification mark. See certification trademark under \nTRADEMARK. \ncollective mark. See collective trademark under TRADE\nMARK. \nmarkdown. A reduction in a selling price. \nmarked money. (1883) Money that bears a telltale mark \nso that the money can be traced, usu. to a perpetrator \nof a crime, as when marked money is given to a kid\nnapper as ransom. \nmarket, n. (bef. 12c) 1. A place of commercial activity \nin which goods or services are bought and sold <the \nfarmers' market>. -Also termed mart. 2. A geo\ngraphic area or demographic segment considered as a \nplace ofdemand for particular goods or services; esp. \nprospective purchasers ofgoods, wherever they are <the \nforeign market for microchips>. 3. Hist. The privilege of \nhaving a public market. 4. The opportunity for buying \nand selling goods or services; the extent of economic \ndemand <a strong job market for accountants>. 5. A \nsecurities or commodities exchange <the stock market \ndosed early because ofthe blizzard>. [Cases: Exchanges \nC:::;; 1-10.10.] 6. The business of such an exchange; the \nenterprise of buying and selling securities or com\nmodities <the stock market is approaching an all-time \nhigh>. [Cases: Exchanges (;::> 1-13.10.] 7. The price at \nwhich the buyer and seller ofa security or commodity \nagree <the market for wheat is $8 per bushel>. [Cases: \nExchanges (;::> 13.] \nadvancing market. See bull market. \naftermarket. See secondary market. \nauction market. A market (such as the New York Stock \nExchange) in which securities are bought and sold \nby competitive bidding through brokers. Cf. negoti\nated market. \nbear market. A securities market characterized by \nfalling prices over a prolonged period. - Also termed \ndown market; receding market. \n\n1056 market \nblack market. An illegal market for goods that are con\ntrolled or prohibited by the government, such as the \nunderground market for prescription drugs. \nbull market. A securities market characterized by \nrising prices over a prolonged period. -Also termed \nadvancing market; strong market. \nbuyer's market. A market in which supply Significantly \nexceeds demand, resulting in lower prices. \ncapital market. A securities market in which stocks \nand bonds with long-term maturities are traded. See \nfinancial market. \ncommon market. An economic association formed by \nseveral nations to reduce or eliminate trade barriers \namong them, and to establish uniform trade barriers \nagainst nonmembers; esp. (usu. cap.), EUROPEAN \nUNION. \ncurrency market. See foreign-exchange market. \nderivative market. A market for the exchange ofderiv\native instruments. -Also termed paper market. See \nDERIVATIVE. \ndiscount market. The portion of the money market in \nwhich banks and other financial institutions trade \ncommercial paper. \ndown market. See bear market. \nfinancial market. A market tor the exchange ofcapital \nand debt instruments. See capital market; money \nmarket. \nforeign-exchange market. A market where various cur\nrencies are traded internationally . Foreign-exchange \nmarkets take the form of spot, futures, and options \nmarkets. Also termed currency market. Seefutures \nmarket; spot market. \nforward market. See futures market. \nfree market. See open market. \nFriday market. The normal tendency for stock-prices \nto decline on Fridays . The tendency occurs because \nmany investors balance their accounts before the \nweekend to avoid any adverse changes in market \nprices over the weekend. \nfutures market. A commodity exchange in which \nfutures contracts are traded; a market for a trade (e.g., \ncommodities futures contracts and stock options) that \nis negotiated at the current price but calls for delivery \nat a future time. -Also termed forward market. See \nFUTURES CONTRACT. [Cases: Commodity Futures \nTrading Regulation \ngeographic market. Antitrust. The part of a relevant \nmarket that identifies the regions in which a firm \nmight compete. -If a firm can raise prices or cut \nproduction without causing a quick influx of supply \nto the area from outside sources, that firm is operat\ning in a distinct geographic market. [Cases: Antitrust \nand Trade Regulation (;:::>558.] \n\"For purposes of [the Sherman Act], the relevant geo\ngraphic market comprises the area in which the defendant \neffectively competes with other individuals or businesses for distribution of the relevant product. Stated differently, \nthe relevant geographic market consists of the area from \nwhich the sellers of a particular product derive their cus \ntomers, and the area within which the purchasers of the \nproduct can practically seek the product.\" 54 Am. Jur. 2d \nMonopolies, Restraints ofTrade, and Unfair Trade Practices \n 57, at 119-20 (1996). \ngray market. A market in which the seller uses legal but \nsometimes unethical methods to avoid a manufac\nturer's distribution chain and thereby sell goods (esp. \nimported goods) at prices lower than those envisioned \nby the manufacturer. See PARALLEL IMPORTS. \n\"One of the most controversial areas of customs law \nconcerns 'gray market goods,' goods produced abroad \nwith authorization and payment but which are imported \ninto unauthorized markets. Trade in gray market goods \nhas increased dramatically in recent years, in part because \nfluctuating currency exchange rates create opportunities \nto import and sell such goods at a discount rate from local \nprice levels.\" Ralph H. Folsom & Michael W. Gordon, Inter\nnational Business Transactions  20.8 (1995). \ninstitutional market. The demand among large inves\ntors and corporations for short-term funds and com\nmercial paper. \nmarket overt. An open, legally regulated public market \nwhere buyers, with some exceptions, acquire good \ntitle to products regardless of any defects in the seller's \ntitle. Cf. FAIR. [Cases: Sales C=~234(2).l \nmoney market. 1he financial market for dealing in \nshort-term negotiable instruments such as commer\ncial paper, certificates of deposit, banker's accep\ntances, and U.S. Treasury securities. See financial \nmarket. \nnegotiated market. A market (such as an over-the\ncounter securities market) in which buyers and sellers \nseek each other out and negotiate prices. Cf. auction \nmarket. \nopen market. A market in which any buyer or seller \nmay trade and in which prices and product avail\nability are determined by free competition. Also \ntermedfree market. \noriginal market. See primary market. \nover-the-counter market. See OVER-THE-COUNTER \nMARKET. \npaper market. See derivative market. \nprimary market. The market for goods or services that \nare newly available for buying and selling; esp. the \nsecurities market in which new securities are issued \nby corporations to raise capital. -Also termed \noriginal market. \nproduct market. Antitrust. The part of a relevant \nmarket that applies to a firm's particular product by \nidentifying all reasonable substitutes for the product \nand by determining whether these substitutes limit \nthe firm's ability to affect prices. [Cases: Antitrust and \nTrade Regulation ~557.] \n\"For purposes of an antitrust claim under ... the Sherman \nAct, the relevant product market includes those services \nor commodities which are reasonably interchangeable by \nconsumers for the same purposes. In order to establish \n\n1057 \nthe relevant product market, therefore, a plaintiff must \nsufficiently identify what types of products are reasonably \ninterchangeable substitutes for the defendant's product \nwithin the appropriate area of competition.\" 54 Am. Jur. 2d \nMonopolies, Restraints ofTrade, and Unfair Trade Practices \n 58, at 121 (1996). \npublic market. A market open to both buyers and \nsellers. \nreceding market. See bear market. \nrecognized market. A market where the items bought \nand sold are numerous and similar, where competitive \nbidding and bartering are not prevalent, and where \nprices paid in sales of comparable items are publicly \nquoted. Examples of recognized markets include \nstock and commodities exchanges. Under the UCC, \na secured creditor may, upon the debtor's default, sell \nthe collateral in a recognized market without notify\ning the debtor. Such a sale is presumed to be com\nmercially reasonable. \nrelevant market. Antitrust. A market that is capable \nof being monopolized -that is, a market in which \na firm can raise prices above the competitive level \nwithout losing so many sales that the price increase \nwould be unprofitable . The relevant market includes \nboth the product market and the geographic market. \n[Cases: Antitrust and Trade Regulation (:::::>556.] \nsecondary market. The market for goods or services \nthat have preViously been available for buying and \nselling; esp. the securities market in which previously \nissued securities are traded among investors. -Also \ntermed aftermarket. \nseller's market. A market in which demand exceeds (or \napproaches) supply, resulting in raised prices. \nsoft market. A market (esp. a stock market) character\nized by falling or drifting prices and low volume. \nspot market. A market (esp. in commodities) in which \npayment or delivery is immediate <the spot market \nin oib. \nstrong market. See bull market. \nthin market. A market in which the number ofbids or \nofferings is relatively low. \nmarketability. (1877) Salability; the probability ofselling \nproperty, goods, securities, or services at specified \ntimes, prices, and terms. [Cases: Sales (:::::>272; Vendor \nand Purchaser G-:::.> 130(.5).] \nmarketability test. Mining law. The principle that, for \nsomeone to obtain a patent on a mining claim on federal \nland, there must be a shOWing that a reasonably prudent \nperson could extract and market the claimed mineral \nat a profit, and that at the time of discovery, a large \nenough market for the mineral existed to attract the \nefforts of a reasonably prudent person. [Cases: Mines \nand Minerals (:::::>39.] \nmarketable, adj. (I6c) Of commercially acceptable \nquality; fit for sale and in demand by buyers. -Also \ntermed merchantable. [Cases: Sales (:::::>272.] market-maker \nmarketable-product rule. Oil & gas. For royalty-calcu\nlation purposes, the doctrine that \"production\" occurs \nwhen oil or gas is pumped up, stored, and made market\nable through processing . Until producing a market\nable product, the lessee bears all costs ofcapturing and \nhandling oil and gas. Cf. CAPTURE-AND-HOLD RULE. \nmarketable security. See SECURITY. \nmarketable title. See TITLE (2). \nmarketable-title act. (1957) A state statute providing that \na person can establish good title to land by searching \nthe public records only back to a specified time (such as \n40 years). See marketable title under TInE (2). [Cases: \nLimitation ofActions (:::::> 19(1); Vendor and Purchaser \n(:::::>231 (1).] \nmarket activity. See MARKET VOLUME. \nmarket approa,h. (1958) A method of appraising real \nproperty, by surveying the market and comparing the \nproperty to similar pieces of property that have been \nrecently sold, and making appropriate adjustments for \ndifferences between the properties, including location, \nsize of the property, and the dates of sale. -Also \ntermed comparative-sales approach; market-compari\nson approach; market-data approach; market-compara\nbles analysis; comparable-sales approach; comparables \nanalysis. Cf. COST APPROACH; INCOME APPROACH. \nmarket average. A price level for a specific group of \nstocks. \nmarket-comparables analysis. See MARKET APPROACH. \nmarket-comparison approa,h. See MARKET APPROACH. \nmarket ,orrection. See DOWN REVERSAL. \nmarket-data approach. See MARKET APPROACH. \nmarket equity. The percentage ofthe total market value \nthat a particular company's securities account for, rep\nresented by each class ofsecurity. Cf. BOOK EQUITY. \nmarketing, n. (16c) 1. The act or process of promoting \nand selling, leaSing, or licensing products or services. \n2. The part of a business concerned with meeting cus\ntomers' needs. 3. The area ofstudy concerned with the \npromotion and selling ofproducts or services. \nmarketing contract. See CONTRACT. \nmarketing covenant. Oil & gas. In a mineral lease, the \nimplied promise that the lessee will market the produc\ntion from the lease within a reasonable time and at a \nreasonable price. See REASONABLY-PRUDENT-OPERATOR \nSTANDARD. [Cases: Mines and Minerals (;=:>78.1(8).] \nmarketing defect. See DEFECT. \nmarket intermediary. Securities. A person whose \nbusiness is to enter into transactions on both sides \nof the market. Investment Company Act, 15 USCA \n 80a-3(c)(2)(B)(i). \nmarket-maker. Securities. One who helps establish a \nmarket for securities by reporting bid-and-asked quo\ntations. A market-maker is typically a specialist per\nmitted to act as a dealer, a dealer acting in the capacity \nof block positioner, or a dealer who, with respect to a \n\nmarket-making 1058 \nsecurity, routinely enters quotations in an interdealer \ncommunication system or otherwise and is willing to \nbuy and sell securities for the dealer's own account. \n[Cases: Securities Regulation C:=>53.17(3).] \nmarket-making, n. The practice of establishing prices for \nover"}
{"text": "Regulation C:=>53.17(3).] \nmarket-making, n. The practice of establishing prices for \nover-the-counter securities by reporting bid-and-asked \nquotations. A broker-dealer engaged in this practice, \nwhich is regulated by both the NASD and the SEC, buys \nand sells securities as a principal for its own account, \nand thus accepts two-way bids (both to buy and to sell). \nSee BID AND ASKED. [Cases: Securities Regulation ~'--::J \n53.17(3).] \nmarket manipulation. See MANIPULATION. \nmarket order. See ORDER (8). \nmarket-out clause. Oil &gas. A contract provision per\nmitting a pipeline-purchaser of natural gas to lower \nthe purchase price if market conditions make it uneco\nnomical to continue buying at the contract price, and \npermitting the well owner to respond by accepting the \nlower price or by rejecting it and canceling the contract. \n Market-out clauses often refer to competing fuels \nsuch as fuel oil. -Also termed economic-out clause. \n[Cases: Gas C:=> 13(I).J \nmarket overt. See MARKET. \nmarket-participant doctrine. (1983) The principle that, \nunder the Commerce Clause, a state does not discrimi\nnate against interstate commerce by acting as a buyer or \nseller in the market, by operating a proprietary enter\nprise, or by subsidizing private business . Under the \nDormant Commerce Clause principle, the Commerce \nClause -art.!,  8, cl. 3 of the U.S. Constitution \ndisallows most state regulation of, or discrimination \nagainst, interstate commerce. But if the state is par\nticipating in the market instead of regulating it, the \nDormant Commerce Clause analysiS does not apply, \nand the state activity will generally stand. See Dormant \nCommerce Clause under COMMERCE CLAUSE. [Cases: \nCommerce \nmarketplace ofideas. (1949) A forum in which expres\nsions of opinion can freely compete for acceptance \nwithout governmental restraint.  Although Justice \nOliver Wendell Holmes was the first jurist to discuss \nthe concept as a metaphor for explaining freedom \nof speech, the phrase marketplace of ideas dates in \nAmerican caselaw only from 1954. \nmarket portfolio. See PORTFOLIO. \nmarket power. (1915) The ability to reduce output and \nraise prices above the competitive level-spedf., above \nmarginal cost -for a sustained period, and to make \na profit by doing so . In antitrust law, a large amount \nof market power may constitute monopoly power. See \nMONOPOLIZATION. Cf. MARKET SHARE. \n\"In economic terms, market power is the ability to raise \nprices without a total loss of sales; without market power, \nconsumers shop around to find a rival offering a better \ndeal.\" 54 Am. Jur. 2d Monopolies. Restraints of Trade, and \nUnfair Trade Practices  49, at 110 n.87 (1996). \nmarket price. See PRICE. market quotation. See QUOTATION. \nmarket-recovery program. See JOB-TARGETING PRO\nGRAM. \nmarket share. (1954) The percentage of the market \nfor a product that a firm supplies, usu. calculated by \ndividing the firm's output by the total market output. \n In antitrust law, market share is used to measure a \nfirm's market power, and ifthe share is high enough \ngenerally 70% or more then the firm may be guilty \nofmonopolization. See MONOPOLIZATION. Cf. MARKET \nPOWER. [Cases: Antitrust and Trade Regulation C=' \n553.] \nmarket-share liability. See LIABILITY. \nmarket-share theory. Antitrust.!' A method of deter\nmining damages for lost profits by calculati the \nimpact of the defendant's violation on the \ntiff's output or market share. Cf. BEFORE-AND-AFTER \nTHEORY; YARDSTICK THEORY. [Cases: Antitrust and \nTrade Regulation C:=>S53.J 2. Patents. A theory of \nlost-profits remedy offered when the patentee and the \ninfringer share the market with a noninfringing com\npetitor. Using this method, the court assumes that the \npercentage ofthe market that the patentee holds is the \nsame as the percentage of the infringer's market that \nthe patentee would have captured but for the infringe\nment. \nmarket stand-off agreement. Securities. A provision \nin a stock-purchase contract in which the stockholder \npromises not to sell or otherwise transfer any securities \nduring a specified period after the corporation makes a \npublic stock offering. Cf. LOCKUP AGREEMENT. \nmarket structure. The broad organizational characteris\ntics ofa particular market, including seller concentra\ntion, product differentiation, and barriers to entry. \nmarket trend. See TREND. \nmarket value. See fair market value under VALUE (2). \nmarket value at the well. Oil & gas. The value of oil or \ngas at the place where it is sold, minus the reasonable \ncost oftransporting it and processing it to make it mar\nketable. \nmarket volume. 1. The total number of shares traded on \none day on a stock exchange. 2. lhe total number of \nshares of one stock traded on one dav. -Also termed \nmarket activity. ' \nMark Hopkins doctrine. The principle that when an \nemployee leaves a job because of a labor dispute, any \nlater employment the employee has must be bona fide \nand intended as permanent for the employee to avoid \na labor-dispute disqualification from unemployment \nbenefits if the employee leaves the later job. Mark \nHopkins, Inc. v. Employment Comm'n, 151 P.2d 229 \n(Cal. 1944). [Cases: Unemployment Compensation \nC:=>172.] \nmarking estoppel. See ESTOPPEL. \nMarkman hearing. (1996) Patents. A hearing at which \nthe court receives evidence and argument concern\ning the construction to be given to terms in a patent \n\n1059 \nclaim at issue. Markman v. Westview Instruments, Inc., \n52 F.3d 967, 984-85 (Fed. Cir. 1995) (en bane), aff'd, \n517 U.S. 370, 116 S.Ct.1384 (1996). _ In the namesake \ndecision, the Federal Circuit Court ofAppeals held that \nthe construction of patent claims and therefore the \nscope ofthe patentee's rights is a question oflaw. In \na Markman hearing, the court interprets the claims \nbefore the question ofinfringement is submitted to the \nfact-finder. [Cases: Patents C=314.) \nmarkmoot (mahrk-moot), n. Rist. An early English or \nScottish court that held hearings on a territorial border \n(Le., a march or mark) between counties, hundreds, or \ncountries. Also spelled markmote. \nmarkon. An amount (usu. expressed as a percentage) ini\ntially added to a product's cost to obtain the list price. \n-Further increases or decreases in price are called \nmarkups or markdowns, respectively. \nmarksman. 1. A person who signs documents with some \nkind of character or symbol instead of writing his or \nher name. [Cases: Signatures 2. A highly skilled \nshooter. \nMarks rule. The doctrine that, when the U.S. Supreme \nCourt issues a fractured, plurality opinion, the opinion \nofthe justices concurring in the judgment on the nar\nrowest grounds -that is, the legal standard with which \na majority of the Court would agree -is considered the \nCourt's holding. Marks v. United States, 430 U.S. 188, \n97 S.Ct. 990 (1977). [Cases: Courts (:::>90(2).] \nmark-to-market accounting method. See fair-value \naccounting method under ACCOL'NTING METHOD. \nmark up, vb. (1868) 1. To increase (the price of goods, \netc.) 2. To revise or amend (a legislative bill, a rule, etc.). \n3. To place (a case) on the trial calendar. \nmarkup, n. (1916) 1. An amount added to an item's cost \nto determine its selling price. See PROFIT MARGIN. 2. \nA session of a congressional committee during which \na bill is revised and put into final form before it is \nreported to the appropriate house. [Cases: United States \nC'.::>23 (3).] \nMarkush claim. See PATENT CLAIM. \nMarkush doctrine (mahr-bsh). Patents. An exception \nto the policy against the use of alternative language in \nclaims, by which in certain claims (esp. those involv\ning chemical components) a claimant can use an alter\nnative, subgeneric phrase when there is no applicable, \ncommonly accepted generic expression. -Character\nized by a phrase such as \"selected from the group con\nSisting of,\" the claim includes a group of substances \nanyone ofwhich could serve the same function in the \nprocess. The term Markush comes from Dr. Eugene A. \nMarkush, who was granted a dye-preparation patent in \n1923. Ex parte Markush, 1925 Dec. Comm'r Pat. 126. \nSee MARKL'SH GROUP. [Cases: Patents 101(7).] \n\"The Patent Office early adopted a policy against use of \nalternative language in claims. Thus, a claimant could \nnot use the specific alternative phrase 'glass or plastic' \nbut could use a generic phrase (such as 'impervious \ntransparent material') that would cover effectively the \ndesired alternatives. The Markush doctrine developed as marriage \nan exception .... With chemical compounds there may be \nno SUitable phrase to cover the alternatives. Under limited \ncircumstances a claimant could use an artificial or coined \nsubgeneric group in the form of 'material selected from \nthe group consisting of X, Y, and Z.'\" 2 Donald S. Chisum, \nPatents  8.06[2], at 8-119 to 8-120 (1992). \nMarkush group. Patents. A limited form of generic claim \nthat recites an element, states the element is a member \nof a group, and names the other group members, any \nof which could substitute for the first recited element. \n_ All Markush group members must have at least one \ncommon property that is mainly responsible for their \nfunction in the claimed relationship. Although each \nmaterial in the group is different, each must be able \nto serve the same function. See MARKUSH DOCTRINE. \n[Cases: Patents (;:::> 101(7).) \nmarque (mahrk). Archaic. Reprisal. See LETTERS OF \nMARQUE. \nmarque, law of. Archaic. A reprisal entitling one who \nhas been wronged and is unable to receive ordinary \njustice to take the goods ofthe wrongdoer (if they can \nbe found within one's own precinct) in satisfaction for \nthe wrong. See LETTERS OF MARQUE. \nmarquis (mahr-kwis or mahr-kee). (14c) An English \nnobleman below and next in order to a duke. -Also \ntermed marquess. \nmarquisate (mahr-kwi-sit or -zit), n. [Law Latin] Rist. \nThe seigniory ofa marquis. \nmarriage, n. (Bc) 1. The legal union of a couple as \nspouses. -The essentials of a valid marriage are (1) \nparties legally capable of contracting to marry, (2) \nmutual consent or agreement, and (3) an actual con\ntracting in the form prescribed by law. Marriage has \nimportant consequences in many areas ofthe law, such \nas torts, criminal law, evidence, debtor-creditor rela\ntions, property, and contracts. Also termed matri\nmony; conjugal union. [Cases: Marriage (;:::> 1.12.] \n\"It has frequently been said by courts, and even by Legis\nlatures, that marriage is a 'civil contract.' But to conclude \nfrom these statements that marriage ... has all, or even \nmany, of the inCidents of an ordinary private contract, \nwould be a grave error. In fact, these statements to the \neffect that marriage is a 'civil contract' will be found, upon \nexamination, to have been used only for the purpose of \nexpressing the idea that marriage, in the American states, \nis a civil, and not a religious institution, or that .. , in \nsome states mutual consent alone without formal celebra\ntion is sufficient to constitute a valid marriage known as a \ncommon law marriage, or that, as is true in all states, the \nmutual consent of the parties is essential, even in the case \nof a ceremonial marriage.\" Joseph W. Madden, Handbook \nof the Law ofPersons and Domestic Relations  1-3, at 2-3 \n(1931). \nattempted marriage. See void marriage. \nclandestine marriage (klan-des-tin). l. A marriage \nthat rests merely on the agreement of the parties. \n2. A marriage entered into in a secret way, as one \nsolemnized by an unauthorized person or without \nall required formalities. See Fleet marriage. [Cases: \nMarriage (;:::>20(1).] \n\n1060 marriage \ncommon-law marriage. (17c) A marriage that takes \nlegal effect, without license or ceremony, when two \npeople capable of marrying live together as husband \nand wife, intend to be married, and hold themselves \nout to others as a married couple. -The common-law \nmarriage traces its roots to the English ecclesiastical \ncourts, which until 1753 recognized a kind ofin formal \nmarriage known as sponsalia per verba de praesenti, \nwhich was entered into without ceremony. Today a \ncommon-law marriage, which is the full equivalent \nof a ceremonial marriage, is authorized in 11 states \nand in the District of Columbia. If a common-law \nmarriage is established in a state that recognizes such \nmarriages, other states, even those that do not autho\nrize common-law marriage, must give full faith and \ncredit to the marriage. A common-law marriage can \nbe dissolved only by annulment, divorce, or death. \nAlso termed consensual marriage; informal marriage. \nSee common-law husband under HUSBAND; common\nlaw wife under WIFE. See PER VERBA DE FUTURO CUM \nCOPULA; SPONSALIA PER VERBA DE PRAESENTI. [Cases: \nMarriage ~13, 22.] \nconfidential marriage. In some jurisdictions (such as \nCalifornia), a marriage between a man and a woman \nin which only the two parties and the officiant are \npresent at the ceremony. -"}
{"text": "ifornia), a marriage between a man and a woman \nin which only the two parties and the officiant are \npresent at the ceremony. -Confidential marriages \nare neither witnessed nor recorded in public records. \nThey are recorded in nonpublic records. Although \nrarely performed, they are generally legal. To obtain \na confidential marriage, the parties must each be at \nleast 18, must be of the opposite sex, and usu. must \nhave lived together for an extended period. In eccle\nsiasticallaw, such a marriage is termed an occult \nmarriage or, if performed in the strictest secrecy, a \nmarriage ofconscience. \n\"A few states provide for confidential marriages. This \nallows parties to go through all the formalities but have the \nrecords ofthe marriage, including the license, remain con\nfidential. ... A key practical effect of confidential marriage \nis to allow parties who have been living as husband and \nwife in ajurisdiction that does not recognize informal mar \nriages to achieve marital status without publicity. However, \nit does not relate back to the time when the parties started \nholding themselves out as a married couple and thus it can \nhave consequences in determining the extent of marital \nor community property or various other rights.\" Walter \nWadlington & Raymond C. O'Brien, Family Law in Perspec \ntlve 26 (2001). \nconsensual marriage. Marriage by consent alone, \nwithout any formal process. See common-law \nmarriage. [Cases: Marriage ~~,18.] \nconsular marriage. A marriage solemnized in a foreign \ncountry by a consular diplomatic official of the United \nStates. -Consular marriages are recognized in some \njurisdictions. [Cases: Marriage ~27.1 \ncovenant marriage. (1990) A special type ofmarriage \nin which the parties agree to more stringent require\nments for marriage and divorce than are otherwise \nimposed by state law for ordinary marriages. -In the \nlate 1990s, several states (beginning with Louisiana: \nsee Acts 1997, No. 1380,  5) passed laws providing for covenant marriages. The requirements vary, but most \nof these laws require couples who opt for covenant \nmarriage to undergo premarital counseling. A divorce \nwill be granted only after the couple has undergone \nmarital counseling and has been separated for a speci\nfied period (usu. at least 18 months). The divorce pre\nrequisites typically can be waived with proof that a \nspouse has committed adultery, been convicted of a \nfelony, abandoned the family for at least one year, or \nphysically or sexually abused the other spouse or a \nchild. Also termed (in slang) high-test marriage. \ncross-marriage. A marriage by a brother and sister to \ntwo people who are also brother and sister. \ndead marriage. A marriage whose substance has dis\nintegrated; a marriage that has irretrievably broken \ndown. [Cases: Divorce~12.] \nde facto marriage (di fak-toh). A marriage that, despite \nthe parties' living as husband and wife, is defective for \nsome reason. [Cases: Marriage \ndefunct marriage. A marriage in which both parties, \nby their conduct, indicate their intent to no longer be \nmarried. [Cases: Divorce C=12.] \nFleet marriage. Hist. 1. A clandestine ceremonial \nmarriage performed in the 17th or 18th century in \nthe Fleet prison in London by a chaplain who had \nbeen imprisoned for debt. 2. A clandestine ceremo\nnial marriage performed by an unscrupulous itiner\nant clergymen in the area in London near the Fleet \nPrison. -Parliament attempted to stop the practice, \nbut it was not until the statute of26 George 2, ch. 33, \ndeclaring marriages performed outside public chapels \nor churches to be void and punishable as a felony, that \nthe practice ceased. \nfraudulent marriage. A marriage based on a misrep\nresentation regarding some issue of fundamental \nimportance to the innocent party, who relies on the \nmisrepresentation in the decision to marry. _ The \nmisrepresentation must concern something of fun\ndamental importance to a marriage, such as religious \nbeliefs, the ability to have sexual relations, or the \nability or desire to have children. Cf. sham marriage. \n[Cases: Divorce \ngreen-card marriage. Slang. A sham marriage in which \na U.S. citizen marries a foreign citizen for the sale \npurpose of allowing the foreign citizen to become \na permanent U.S. resident. -The Marriage Fraud \nAmendments were enacted to regulate marriages \nentered into for the purpose of circumventing U.S. \nimmigration laws. 8 USCA  1154 (h), 1255(e). See \nsham marriage. \nGretna-Green marriage. A marriage entered into in \na jurisdiction other than where the parties reside to \navoid some legal impediment that exists where they \nlive; a runaway marriage. -Gretna Green, a Scottish \nvillage close to the English border, served as a conve\nnient place for eloping English couples to wed since \nin Scots law parties over 16 did not need parental \nconsent. \n\n1061 \n\"A 'Gretna-Green marriage' was a marriage solemnized in \nScotland by parties who went there to avoid the delay and \nformalities required in England .... In the United States, \nthe term describes marriages celebrated between residents \nof a State who go to a place beyond and yet near to the \nboundary line of an adjoining State, on account of some \nadvantage afforded by the law of that State.\" William C. \nAnderson, A Dictionary of Law 496 (1889). \nhandfast marriage. 1. Hist. A marriage, often lacking \nonly solemnization by clergy, characterized by the \ncouple's joining of hands to conclude a marriage \ncontract. 2. Hist. A betrothal with all the binding \neffects of a marriage, including conjugal rights and \ncohabitation, followed by a later formal ceremony. 3. \nA trial or probationary marriage wherein the couple \nagrees to cohabit and behave as spouses for a definite \nperiod, usu. one year, at the end of which they will \nmutually decide to separate or go through a perma\nnently binding marriage. -The legal status of such a \nmarriage is unsettled, as many such trial marriages \nare initiated with a ritual ceremony including an \nexchange of vows before a presiding officer legally \nempowered to perform marriages, yet the couple \nintends to remain free to end the relationship without \nlegal proceedings. Cf. marriage in jest; common-law \nmarriage. 4. A binding form of marriage practiced by \nsome modern pagan religions. -Unlike in sense 3, \nsuch marriages are entered into with the expectation \nof permanent duration. -Also termed (in senses 3 \nand 4) hand fasting. \nhigh-test marriage. See covenant marriage. \nhomosexual marriage. See same-sex marriage. \ninformal marriage. See common-law marriage. \nin-marriage. Marriage between relatives; in-breeding. \nleft-handed marriage. See morganatic marriage. \nlimited-purpose marriage. A marriage in which the \nparties agree to be married only for certain reasons. \nAn example is a marriage in which the parties agree to \nmarry so that a child will not be born illegitimate but \nagree not to live together or to have any duties toward \neach other. Courts have usu. found these marriages to \nbe binding for all purposes. Cf. sham marriage: green \ncard-marriage. \nmarriage by habit and repute. Scots law. An irregu\nlar marriage created by cohabitation that implies \na mutual agreement to be married. This type of \nmarriage is still recognized in Scotland. See Scotch \nmarriage. [Cases: Marriage (;::;)22.] \nmarriage in jest. A voidable marriage in which the \nparties lack the reqUisite intent to marry. \nmarriage ofconscience. Eccles. law. See confidential \nmarriage. \nmarriage ofconvenience. (ISc) 1. A marriage entered \ninto for social or financial advantages rather than \nout of mutual love. -Also termed rnariage de conv\nenance. 2. Loosely, an ill-considered marriage that, at \nthe time, is convenient for the parties involved. \nmarriage ofthe left hand. See morganatic marriage. marriage \nmarriage per verba de futuro subsequente copula. \nScots law. Hist. An irregular marriage created by a \npromise to marry in the future followed by an act \nof sexual intercourse. -Originally medieval canon \nlaw, this type of marriage was recognized in Scotland \nuntil 1940. See Scotch marriage. [Cases: Marriage<~:~\"'\") \n20(2).] \nmarriage per verba de praesenti. Scots law. Hist. An \nirregular marriage created at the time of a mutual \nagreement to be married. Originally medieval \ncanon law, this type of marriage was recognized in \nScotland until 1940. See Scotch marriage. [Cases: \nMarriage C;::20(2).] \nmixed marriage. See MISCEGENATION. \nmorganatic marriage (mor-ga-nat-ik). Hist. A marriage \nbetween a man of superior status to a woman of \ninferior status, with the stipulation that the wife and \nher children have no claims to the husband's title or \nposseSSions. _ By extension, the term later referred to \nthe marriage of a woman of superior status to a man \nof inferior status. The concept is now limited to royal \nmarriages. -Also termed left-handed marriage; \nmarriage ofthe left hand; salie marriage. \noccult marriage. Eccles. law. See confidential \nmarriage. \nplural marriage. (1862) A marriage in which one \nspouse is already married to someone else; a bigamous \nor polygamous union; POLYGAMY. [Cases: Bigamy ~ \n1; Marriage ~-;)11.] \nputative marriage (pyoo-ta-tiv). A marriage in which \neither the husband or the wife believes in good faith \nthat the two are married, but for some technical \nreason they are not formally married (as when the \nceremonial official was not authorized to perform a \nmarriage). - A putative marriage is typically treated \nas valid to protect the innocent spouse. The concept \nof a putative marriage was adopted from the Napo\nleonic Code in those states haVing a civil-law tradi\ntion, such as California, Louisiana, and Texas. This \ntype of marriage is also recognized in the Uniform \nMarriage and Divorce Act. The legal rule by which \nputative marriages exist is sometimes referred to as \nthe putative-spouse doctrine. Also termed putative \nmatrimony. [Cases: Marriage (;::::;> 54(1).] \nsalk marriage. See morganatic marriage. \nsame-sex marriage. The ceremonial union of two \npeople of the same sex; a marriage or marriage-like \nrelationship between two women or two men . The \nUnited States government and most American states \ndo not recognize same-sex marriages, even iflegally \ncontracted in other countries such as Canada, so \ncouples usu. do not acquire the legal status of spouses. \nBut in some states same-sex couples have success\nfully challenged the laws against same-sex marriage \non constitutional grounds. See Goodridge v. Dept. of \nPub. Health, 798 N.E.2d 941 (Mass. 2003). Cf, Baehr \nv. Lewin, 852 P.2d 44 (Haw. 1993); Baehr v. Miike, 994 \nP.2d 566 (Haw. 1999); Baker v. State, 744 A.2d 864 \n\n1062 marriage article \n(Vt. 1999). -Also termed gay marriage; homosexual \nmarriage. Cf. CIVIL COMMITMENT (2); CIVIL UNION; \nDOMESTIC PARTNERSHIP. \nScotch marriage. Scots law. A marriage by consensual \ncontract, without the necessity ofa formal ceremony. \n Until 1940, Scots law retained the medieval canon\nlaw forms of marriage per verba de praesenti and per \nverba de futuro subsequente copula. These promises \nconstituted irregular but valid marriages. Scots law \nstill retains the irregular marriage by cohabitation \nwith habit and repute. No ceremony needs to be \nproved but, after the death ofone spouse, the surviv\ning spouse or any child can obtain a court's confir\nmation that a marriage existed, based on the general \nbelief of neighbors, friends, and family. [Cases: \nMarriage C=>20(1).] \nsham marriage. (18c) A purported marriage in which \nall the formal requirements are met or seemingly met, \nbut in which the parties go through the ceremony \nwith no intent ofliving together as husband and wife. \nCf. green-card marriage;fraudulent marriage; limited\npurpose marriage. [Cases: Aliens, Immigration, and \nCitizenship C=>264, 428.] \nvalid marriage. See MARRIAGE (1). \nvoidable marriage. (1845) A marriage that is initially \ninvalid but that remains in effect unless terminated \nby court order. For example, a marriage is voidable \nifeither party is underage or otherwise legally incom\npetent, or ifone party used fraud, duress, or force to \ninduce the other party to enter the marriage. The legal \nimperfection in such a marriage can be inquired into \nonly during the lives of both spouses, in a proceed\ning to obtain a judgment declaring it void. A voidable \nmarriage can be ratified once the impediment to a \nlegal marriage has been removed. [Cases: Marriage \nC=>37, 54(1), 56.] \nvoid marriage. (l7c) A marriage that is invalid from \nits inception, that cannot be made valid, and that \ncan be terminated by either party without obtaining \na divorce or annulment. For example, a marriage \nis void if the parties are too closely related or ifeither \nparty is already married. A void marriage does not \nexist, has never existed, and needs no formal act to \nbe dissolved -although a judicial declaration may \nbe obtained. -Also termed attempted marriage. \nSee NULLITY OF MARRIAGE (1). [Cases: Marriage C=> \n53-54.] \n2. Roman law. A consensual agreement between a man \nand a woman to be married. The consent of both \nparties and of any paterfamilias was necessary. Other \nrequirements were the attainment of puberty and \nlegal capacity (conubium). If either or both withdrew \nconsent to be married, the marriage ended in divorce; \nno specific grounds were necessary. In the Christian \nempire, divorce without adequate grounds was penal\nized. 3. MARRIAGE CEREMONY. -marital, adj. \nceremonial marriage. (1876) A wedding that follows \nall the statutory requirements and that has"}
{"text": ", adj. \nceremonial marriage. (1876) A wedding that follows \nall the statutory requirements and that has been solemnized before a religious or civil official. [Cases: \nMarriage C=>23-32.] \ncivil marriage. (l7c) A wedding ceremony conducted \nby an official, such as a judge, or by some other autho\nrized person -as distinguished from one solemnized \nby a member of the clergy. [Cases: Marriage C=>27.] \ndouble-proxy marriage. A wedding in which both \nparties to a marriage are absent but represented \nby stand-ins. Only Montana allows this type of \nmarriage. \nproxy marriage. (1924) A wedding in which someone \nstands in for an absent bride or groom, as when one \nparty is stationed overseas in the military.  Proxy \nmarriages are prohibited in most states. [Cases: \nMarriage C=>23.] \nmarriage article. (1831) A premarital stipulation between \nspouses who intend to incorporate the stipulation in a \npostnuptial agreement. [Cases: Husband and Wife C=> \n29.] \nmarriage bonus. Tax. The difference between the reduced \nincome-tax liability owed by a married couple filing a \njoint income-tax return and the greater amount they \nwould have owed had they been single and filed indi\nvidually. -Also termed singles' penalty. Cf. MARRIAGE \nPENALTY. \nmarriage broker. One who arranges a marriage in \nexchange for consideration . A marriage broker may \nbe subject to criminal liability. \nmarriage-brokerage contract. An agreement under \nwhich a person, acting for compensation, procures \nsomeone for a marriage. Traditionally, these con\ntracts have been void as being against public policy. \n[Cases: Contracts C=> 111.] \nmarriage ceremony. (17c) The religious or civil proceed\ning that solemnizes a marriage. -Sometimes short\nened to marriage. -Also termed wedding. \nmarriage certificate. (1821) A document that is executed \nby the religious or civil official presiding at a marriage \nceremony and filed with a public authority (usu. the \ncounty clerk) as evidence of the marriage. -Also \ntermed certificate ofmarriage. Cf. MARRIAGE LICENSE. \n[Cases: Marriage C=>31.] \nmarriage contract. See CONTRACT. \nmarriage license. (l7c) A document, issued by a public \nauthority, that grants a couple permission to marry. Cf. \nMARRIAGE CERTIFICATE. [Cases: Marriage C=>25(2).] \nmarriage mill. A place that facilitates hasty, often \nsecret, marriages by requiring few or no legal formali\nties. Marriage-mill unions may be voidable but are \nrarely void in the absence of absolute impediments to \nmarriage. \nmarriage-notice book. An English registry of marriage \napplications and licenses. \nmarriage penalty. Tax. The difference between the \ngreater income-tax liability owed by a married couple \nfiling a joint income-tax return and the lesser amount \n\n1063 \nthey would owe had they been single and filed individu\nally. - A marriage penalty exists whenever a married \ncouple is treated disadvantageously under a tax code in \ncomparison with an unmarried couple. Cf. MARRIAGE \nBONUS. \nmarriage portion. See DOWRY. \nmarriage promise. See PROMISE. \nmarriage records. Government or church records con\ntaining information on prospective couples (such as a \nwoman's maiden name and address) and on wedding \nservices performed. [Cases: Marriage C=-32.] \nmarriage settlement. 1. See MARITAL AGREEMENT. 2. \nSee PRENUPTIAL AGREEMENT. \nmarried woman's separate estate in equity. Hist. At \ncommon law, a trust that a rich family could set up for \na daughter so that she would not lose control ofher own \nmoney and property to her husband. -The daughter \ncould escape the severe limits of coverture by having \nher family establish a separate estate in equity, allowing \nher the benefit ofincome that was not controlled by her \nhusband even if the husband was named as trustee. \nSee COVERTURE; MARRIED WOMEN'S PROPERTY ACTS. \n[Cases: Husband and Wife C=> 110.J \nmarried women's property acts. (sometimes cap.) \nStatutes enacted to remove a married woman's legal \ndisabilities; esp. statutes that abolished the common\nlaw prohibitions against a married woman's contract\ning, suing and being sued, or acquiring, holding, and \nconveying property in her own right, free from any \nrestrictions by her husband. -In addition, these acts \nabolished the spousal-unity doctrine. In actual usage, \nthe term almost always appears in the plural form (acts, \nnot act), except when referring to a particular statute. \nAlso termed married women's acts; married woman's \nproperty acts; married woman's acts; emancipation \nacts; married womens emancipation acts. See MERGER \nDOCTRINE OF HUSBAND AND WIFE; LEGAL-UNITIES \nDOCTRINE. [Cases: Husband and WifeC= 1l1.] \n\"The women's rights movement existed throughout the \nnineteenth century. It succeeded in partially reducing the \nlegal disabilities of married women during the second \nhalf of that century by bringing about the enactment in all \nstates of Married Women's Property Acts. The purpose of \nthese Acts was to place married women on an equal footing \nwith their husbands with respect to contracts, earnings, the \nownership of property and the right to sue or be sued, but \nas they were construed by the courts they frequently failed \nto accomplish the intended reforms.\" Homer H. Clark Jr. & \nAnn laquer Estin, Domestic Relations,' Cases and Problems \n8 (6th ed. 2000). \nMarsden motion. A criminal defendant's request that \na court dismiss or replace a court-appointed attorney \non grounds that the attorney is not completely or ade\nquately representing the defendant. People v.lvlarsden, \n465 P.2d 44 (CaL 1970). [Cases: Criminal Law \n1824.] \nmarshal, n. (13c) 1. A law-enforcement officer with duties \nsimilar to those ofa sheriff. [Cases: Municipal Corpora\ntions (::::> 183.] 2. A judicial officer who proVides court martial law \nsecurity, executes process, and performs other tasks for \nthe court. [Cases: Courts (::::>58.) marshalship, n. \nUnited States Marshal. A federal official who carries \nout the orders ofa federal court.  U.S. Marshals are \nemployees of the executive branch of government. \n[Cases: United States Marshals (::::>29.) \nmarshal, vb. (I5c) L To arrange or rank in order <the \nbrief effectively marshaled the appellant's arguments>. \n2. To arrange (assets, etc.) according to their liability \nor availability for payment ofdebts. 3. To fix the order \nof (creditors) according to their priority. \nmarshaling assets, rule of. See RULE OF MARSHALING \nASSETS. \nmarshaling doctrine. The principle that, when a senior \ncreditor has recourse to two or more funds to satisfy \nits debt, and a junior creditor has recourse to only one \nfund to satisfv its debt, the senior creditor must satisfy \nits debt out or'the funds in which the junior creditor ha~ \nno interest. See RULE OF MARSHALING ASSETS. [Cases: \nDebtor and Creditor 13.J \nmarshaling the evidence. (1892) 1. Arranging all of a \nparty's evidence in the order that it will be presented \nat trial. [Cases: Federal Civil Procedure (;:::::2011; Trial \n(::::>59(1).]2. The practice offormulating a jury charge \nso that it arranges the evidence to give more credence \nto a particular interpretation. [Cases: Federal Civil Pro\ncedure (::::>2173.1; Trial C= 204,234(2).] \nMarshal ofthe Queen's Bench. Hist. A custodial officer \nof the Queen's Bench prison. -The position was abol\nished by the Queen's Prison Act of 1842 (St. 5 & 6 Vict,\ni ch.22).' \nMarshalsea (mahr-sh~l-see), n. [fro Law Latin marescal\nlia) Hist. 1. The court or seat ofthe marshal ofthe royal \nhousehold. 2. A debtor's prison in London under the \njurisdiction ofthe Court ofMarshalsea. See COURT OF \nMARSHALSEA. \nmart. See MARKET (1). \nmarte suo decurrere (mahr-tee s[yJoo-oh d<:l-k<:lr-;}r-ee). \n[Latin] Hist. To run its course by its own force. -In \nthe civil law, this term was applied to a suit that ran its \ncourse without obstruction. \nmartial law (mahr-sh;}l). (1933) l. 1he law by which \nduring wartime the army, instead of civil author\nity, governs the country because ofa perceived need \nfor military security or public safety. -The military \nassumes control purportedly until civil authority can be \nrestored. 2. A body offirm, strictly enforced rules that \nare imposed because of a perception by the country's \nrulers that civil government has failed, or might fail, to \nfunction. _ Martial law is usu. imposed when the rulers \nforesee an invasion, insurrection, economic collapse, \nor other breakdown of the rulers' desired social order. \n[Cases: War and National Emergency (::::>31.) \n\"Martial law is the public law of necessity. Necessity \ncalls it forth, necessity justifies its exercise, and neces\nsity measures the extent and degree to which it may be \nemployed. That necessity is no formal, artificial, legalistiC \nconcept but an actual and factual one: it is the necessity of \n\n1064 Martindale-Hubbell Law Directory \ntaking action to safeguard the state against insurrection, \nriot, disorder, or public calamity. What constitutes neces\nsity is a question of fact in each case.\" Frederick B. Wiener, \nA Practical Manilal ofMartial Law 16 (1940). \n\"[Mlartial law is nothing more and nothing less than an \napplication of the common law doctrine that force, to \nwhatever degree necessary, may be used to repress illegal \nforce. Martial law is the public right of self-defense against \na danger threatening the order or the existence of the state. \nWhere the ordinary civil authorities -the police -are \nunable to resist or subdue a disturbance, additional force, \nmilitary in nature, may be applied. The extent of military \nforce used depends in each instance upon the extent of \nthe disturbance.\" 'd. at 16-17. \nabsolute martial law. The carrying on ofgovernment \nfunctions entirely by military agencies, as a result of \nwhich the authority of civil agencies is superseded. \n[Cases: War and National Emergency C='31.1 \nqualified martial law. The carrying on ofgovernment \nfunctions partly by military agencies, as a result of \nwhich the authority of some civil agencies is super\nseded. [Cases: War and National Emergency (;::::3l.] \n3. The law by which the army in wartime governs \nforeign territory that it occupies. 4. Loosely, MILITARY \nLAW. \nMartindale-Hubbell Law Directory. A series of books, \npublished annually, containing a roster and ratings \nof lawyers and law firms in most cities of the United \nStates, corporate legal departments, government \nlawyers, foreign lawyers, and lawyer-support providers, \nas well as a digest of the laws of the states, the District \nofColumbia, and territories ofthe United States, and a \ndigest of the laws of many foreign jurisdictions, includ\ning Canada and its provinces. \nMartinez report. A report that a court may require a pro \nse party to file in order to clarify a vague or incompre\nhensible complaint. Martinez v. Aaron, 570 F.2d 317 \n(10th Cir. 1978)_ [Cases: Federal Civil Procedure \n2538, \nMartinmas. See quarter day under DAY. \nMary Carter agreement. (1972) A contract (usu. a secret \none) by which one or more, but not all, codefendants \nsettle with the plaintiff and obtain a release, along with \na provision granting them a portion of any recovery \nfrom the nonparticipating codefendants . In a Mary \nCarter agreement, the participating codefendants agree \nto remain parties to the lawsuit and, if no recovery is \nawarded against the nonparticipating codefendants, \nto pay the plaintiff a settled amount. Such an agree\nment is void as against public policy in some states but \nis valid in others ifdisclosed to the jury. Booth v. Mary \nCarter Paint Co., 202 So. 2d 8 (Fla. Dist. Ct. App. 1967). \nCf. GALLAGHER AGREEMENT. [Cases: Compromise and \nSettlement \nMary Major. See JANE DOE. \nmasking, n. In critical legal studies, the act or an instance \nof concealing something's true nature <being a crit, \nMax contends that the legal system is merely an elabo\nrate masking ofsocial injustices>. -mask, vb. mask work. Copyright. A three-dimensional pattern of \nmetallic insulation or semiconducting material present \nor removed from the layers ofa computer chip . Mark \nworks are protected under the Semiconductor Chip \nProtection Act of 1984. 17 USCA  902 et seq. [Cases: \nCopyrights and Intellectual Property (;:::: lOA.] \nmassa (mas-a), n. [Latin] A mass or lump of metal, esp. \nofgold and silver before it is made into a cup or other \nuseful or ornamental object. \nMassachusetts ballot. See BALLOT (4). \nMassachusetts trust. See business trust under TRUST \n(4). \nmass-action theory. The principle that, as long as a labor \nunion is functioning, it is vicariously liable for the joint \nacts ofits members. \nmass-appraisal method. A technique for valUing large \nareas ofland by studying market data to determine \nthe price that similar property would sell for, without \nengaging in a parcel-by-parcel analysis. [Cases: \nTaxation C=2514.] \nmass asset. See ASSET. \nMassiah rule. (1966) The principle that an attempt \nto elicit incriminating statements"}
{"text": "See ASSET. \nMassiah rule. (1966) The principle that an attempt \nto elicit incriminating statements (usu. not during \na formal interrogation) from a suspect whose right \nto counsel has attached but who has not waived that \nright violates the Sixth Amendment. Massiah v. United \nStates, 377 U.S. 201, 84 S.Ct. 1199 (1964). See DELIBER\nATE ELICITATION. [Cases: Criminal Law (;::::412.2(4).] \nmass layoff. See LAYOFF. \nmass meeting. See MEETING. \nmass murder. See MURDER. \nmass tort. See TORT. \nmast. 1. Military law. A Navy disciplinary proceeding \nat which the commanding officer of a unit considers \nminor offenses charged against enlisted personneL \n The charges may be dismissed, the accused person \nmay receive a punishment prescribed by military law, \nor the matter may be referred to a court-martial. The \nproceeding is not officially a trial, and no conviction or \nacquittal results. Traditionally, when a ship's captain \ndiSciplines crew members at sea, the hearing is held and \nthe diScipline announced (and sometimes carried out) \nat the ship's mainmast or at the mast. Depending on \nthe rank of the presiding officer, it may be also termed \na captain's mast, admiral's mast, or (for an admiral) \nflag mast. [Cases: Armed Services (;::::39.]2. On board \na ship, the usual place of assembly for a court hearing, \npublic sale, etc.  On sailing ships, the place is the \nmainmast. On all other vessels, the captain designates \na place as the \"mast.\" Cf. (in sense 2) MAST SELLING. \nmast, atthe. See MAST (1). \nmaster, n. (bef. 12c) 1. One who has personal author\nity over another's services; specif., a principal who \nemploys another to perform one or more services and \nwho controls or has the right to control the physical \nconduct of the other in the performance ofthe services; \n\n1065 \nEMPLOYER <the law of master and servant>. [Cases: \nLabor and Employment \n\"[AJ master is a species of principal, All masters are princi\npals, but all principals are not necessarily masters. A prin\ncipal becomes a master only if his control of the agent's \nphysical conduct is sufficient.\" William A. Gregory, The Law \nofAgency and Partnership 5 (3d ed. 2001). \n2. A parajudicial officer (such as a referee, an auditor, an \nexaminer, or an assessor) specially appointed to help a \ncourt with its proceedings . A master may take testi\nmony, hear and rule on discovery disputes, enter tem\nporary orders, and handle other pretrial matters, as well \nas computing interest, valuing annuities, investigating \nencumbrances on land titles, and the like usu. with \na written report to the court. Fed. R. Civ. P. 53. Also \ntermed speCial master. [Cases: Federal Civil Procedure \nCr~1871-1908; Reference \nspecial master. (1833) A master appointed to assist the \ncourt with a particular matter or case. [Cases: Federal \nCivil Procedure C= 1871-1908; Reference C=>47.] \nstanding master. (1848) A master appOinted to assist \nthe court on an ongOing basis. ] \nmaster agreement. Labor law. An agreement between a \nunion and industry leaders, the terms of which serve \nas a model for agreements between the union and indi\nvidual companies within the industry. \nmaster and servant. (16c) The relation between two \npersons, one of whom (the master) has authority over \nthe other (the servant), with the power to direct the \ntime, manner, and place of the services . This rela\ntionship is similar to that of principal and agent, but \nthat terminology applies to employments in which \nthe employee has some discretion, while the servant \nis almost completely under the control of the master. \nAlso, an agent usu. acts for the principal in business \nrelations with third parties, while a servant does not. \nSee master-servant relationship under RELATIONSHIP. \n[Cases: Labor and EmploymentC=23.] \nMaster at Common Law. An officer of an English \nsuperior court of common law, appointed to record \ncourt proceedings, supervise the issuance ofwrits, and \nreceive and account for fees paid into the court. \nMaster-General of the Ordnance. See MASTER OF THE \nORDNANCE. \nmaster in chancery. 1. An officer appointed by a court \nof equity to assist the court. 2. English law. (usu. cap.) \nA senior official or clerk of a court of chancery who \nassists the Chancellor in various duties such as inquir\ning into matters referred by the court, examining cases, \ntaking oaths and affidavits, hearing testimony, and \ncomputing damages . There were many Masters in \nChancery at the same time. The office was abolished \nin 1897 and was replaced by the office of Master of the \nSupreme Court. -Also termed master ojthe chancery. \nSee MASTER OF THE SUPREME COURT. [Cases: Equity \n(,':::>395.] \nMaster in Lunacy. Hist. A judicial officer appointed by \nthe Lord Chancellor to conduct inquiries into the state Master of the Rolls \nof mind of people alleged to be lunatics incapable of \nhandling their own affairs and to ensure in each case \nthat the lunatic's property is properly managed for his \nor her benefit. \nmaster lease. See LEASE. \nmaster limited partnership. See publicly traded partner\nship under PARTNERSHIP. \nmaster of a ship. Maritime law. A commander of a \nmerchant vessel; a captain of a ship . The master is \nresponsible for the vessel's navigation and the safety \nand care of the crew and cargo. -Also termed ship\nmaster. [Cases; Shipping C=)60.] \nMaster of Laws. A law degree conferred on those com\npleting graduate-level legal study, beyond the J.D. or \nLL.B. Abbr. LL.M. Cf. JURIS DOCTOR; LL.B.; DOCTOR \nOF LAWS. \nMaster of Requests. Hist. A judge of the Court of \nRequests. \nmaster ofthe chancery. See MASTER IN CHANCERY. \nMaster of the Crowu Office. English law. A Supreme \nCourt officer who is appointed by the Lord ChiefJustice. \n Formerly, the Master was the Queen's Coroner and \nattorney, who was originally appOinted by the Lord \nChancellor to prosecute criminal cases in the name of \nthe Crown. \nMaster of the Faculties. Eccles. law. An officer in the \nprovince of Canterbury who heads the Court of Fac\nulties, grants licenses, and admits or removes notaries \npublic. -Also termed magister ad Jacultates. See \nCOURT OF FACULTIES. \nMaster of the Horse. English law. A peer who as third \nofficer ofthe royal household, next to the lord steward \nand lord chamberlain, attends the sovereign on state \noccasions. The official was originally in charge of \nthe royal stables, but that duty is now entrusted to the \nCrown Equerry. \nMaster ofthe Mint. Hist. A salaried warden who super\nvised all activities of the royal mint.  The office was \nabolished under the Coinage Act of 1870 and replaced \nwith Master Worker and Warden of Her Majesty's \nRoyal Mint. \nMastel' of the Ordnance. Hist. Beginning with the \nreign of Henry VIII, a superior officer responSible for \nthe royal artillery and weapons. -The more modern \nrepresentative is the Master-General of the Ordnance, \na military officer and member of the Army Council. \nAlso termed Master-General ofthe Ordnance. \nMastel' ofthe Pells. See CLERK OF THE PELLS. \nMaster ofthe Rolls. The president ofthe Court of Appeal \nin England . Formerly, the Master of the Rolls was an \nassistant judge to a court of chancery, responsible for \nkeeping the rolls and chancery records. In recent times, \nthe most famous Master of the Rolls was Lord Denning \n(who lived from 1899 to 1999). \n\"Since 1875, the Master of the Rolls has been president \nof the Court of Appeal. Until 1958 he had the general \nresponsibility for the public records (a responsibility then \n\n1066 Master of the Supreme Court \ntransferred to the lord Chancellor) and is still responsible \nfor the records of the Chancery of England. He admits \npersons as solicitors of the Supreme Court.\" David M. \nWalker, The Oxford Companion to Law 816 (1980). \nMaster ofthe Supreme Court. An official of the Queen's \nBench and Chancery Divisions of the Supreme Court \nwho fills the several positions of master in the com\nmon-law courts, the Queen's Coroner and Attorney, \nthe Master of the Crown Office, record and writ clerks, \nand associates. \nmaster plan. (1914) Land-use planning. A municipal \nplan for housing, industry, and recreation facilities, \nincluding their projected environmental impact. See \nPLANNED-UNIT DEVELOPMENT. [Cases: Zoning and \nPlanning \nmaster policy. See INSURANCE POLICY. \nmaster's draft. Maritime law. A contract for money \nloaned to a ship's master to cover necessary disburse\nments, payable from the first freight the ship receives, \nand secured by the vessel and freight. See BOTTOMRY \nBOND. [Cases: Shipping \nmaster-servant relationship. See RELATIONSHIP. \nmaster--servant rule. See RESPONDEAT SUPERIOR. \nmaster's report. A master's formal report to a court, usu. \ncontaining a recommended decision in a case as well as \nfindings of fact and conclusions oflaw. [Cases: Federal \nCivil Procedure C=> 1896; Reference C=>83-97.] \nmast selling. Hist. The practice of selling the goods of a \ndead seaman at the mast. See MAST (2). \nmatched order. See ORDER (8). \nmatching-acceptance rule. See MIRROR-IMAGE RULE. \nmatching principle. (1979) Tax. A method for handling \nexpense deductions, by which the depreciation in a \ngiven year is matched by the associated tax benefit. \nmate. (14c) 1. A spouse or other long-term life partner. 2. \nA second-in-command officer on a merchant vessel. 3. \nA petty officer who assists a warrant officer. 4. A friend \nor companion. \nmaterfamilias (may-tar-fa-mil-ee-as), n. [Latin] Roman \nlaw. L The wife of a paterfamilias, or the mistress of \na family. 2. A respectable woman, either married ar \nSingle. \nmateria (ma-teer-ee-a), n. [Latin] 1. Materials, esp. for \nbuilding, as distinguished from the form given to \nsomething by the exercise oflabar or skill. 2. Matter; \nsubstance. \nmaterial, adj. (14c) 1. Of or relating to matter; physical \n<material goods>. 2. Having some logical connec\ntion with the consequential facts <material evidence>. \n[Cases: Criminal Law C=>382; Evidence C=>143.] 3. \nOf such a nature that knowledge of the item would \naffect a person's decision-making; significant; essen\ntial <material alteration of the document>. Cf. \nRELEVANT. materiality, n. \nmaterial adverse information. See MATERIAL INFOR\nMATION. material allegation. See ALLEGATION. \nmaterial alteration. See ALTERATION (2). \nmaterial breach. See BREACH OF CONTRACT. \nmaterial change in circumstances. See CHANGE IN CIR\nCUMSTANCES. \nmaterial evidence. See EVIDENCE. \nmaterial fact. See FACT. \nmaterial fallacy. See FALLACY. \nmaterial information. Securities. Information that \nwould be important to a reasonable investor in making \nan investment decision. _ In the context of an \"effi\ncient\" market, materiality translates into informa\ntion that alters the price of a firm's stock. Securities \nExchange Act of 1934  lO(b), 15 USCA  78j(b); 17 \nCFR  240.lOb-S. [Cases: Securities Regulation C=> \n60.28(11),60.46.] \nmaterial adverse information. Securities. Material \ninformation that is likely to make an investment less \nattractive. \nmaterial issue. See ISSUE (1). \nmaterialman. A person who supplies materials used in \nconstructing or repairing a structure or vehicle. -Also \ntermed material supplier. [Cases: Automobiles C--::>373; \nMechanics' Liens C=>82.] \nmaterialman's lien. See mechanic's lien under LIEN. \nmaterial misrepresentation. See MISREPRESENTATION. \nmaterial representation. See REPRESENTATION (1). \nmaterial supplier. See MATERIALMAN. \nmaterial term. See TERM (2). \nmaterial witness. See WITNESS. \nmaterial-witness arrest. See ARREST. \nmaternal, adj. (ISc) Of, relating to, or coming from one's \nmother <maternal property>. Cf. PATERNAL. \nmaternalline. See LINE. \nmaternal-line descent. See DESCENT. \nmaternal-preference presumption. Family law. The \nbelief that custody ofa child, regardless ofage, should \ngenerally be awarded to the mother in a divorce unless \nshe is found to be unfit. _ Most jurisdictions no longer \nadhere to the maternal-preference presumption. -Also \ntermed maternal-preference doctrine. Cf. PRIMARY\nCAREGIVER DOCTRINE; TENDER-YEARS DOCTRINE. \n[Cases: Child Custody (::::24, 458.] \nmaternal property. See PROPERTY. \nmaterna maternis (m<l-t<lr-na ma-t;Jr-nis). Goods \nacquired through the mother descend to those con\nnected with her. -The phrase invoked the distinction \nbetween the succession ofconsanguineous half-broth\ners and uterine half-brothers. Cf. PATERNA PATERNIS. \nmaternity (ma-t<lr-ni-tee). (17c) 1. The state or condition \nof being a mother, esp. a biological one; motherhood. \nCf. FILIATION. 2. The section ofa hospital devoted to the \n\n10"}
{"text": "biological one; motherhood. \nCf. FILIATION. 2. The section ofa hospital devoted to the \n\n1067 \ncare ofmothers and infants during and after childbirth. \n3. ATTRIBUTION RIGHT. \nmaternity presumption. See PRESUMPTION OF MATER\nNITY. \nmatertera (mJ-t<lr-tJf-J), n. [Latin] Roman law. A \nmaternal aunt. \nmatertera magna (mJ-lar-tJf-J mag-nJ). [Latin] Roman \nlaw. A great-aunt; the sister ofone's grandmother. \nmatertera major (mJ-tar-tar-J may-jar). [Latin] Roman \nlaw. A greater aunt; the sister of one's great-grand\nmother. \nmatertera maxima (ma-tar-taf-J maks-J-mJ). [Latin] \nRoman law. A great-great-great aunt; the sister of one's \ngreat-great-grandmother. -Also termed abmater\ntera. \nmathematical-algorithm exception. See ALGORITHM \nEXCEPTION. \nmathematical evidence. See EVIDENCE. \nMathews v. Eldridge test. (1980) Constitutional law. The \nprinciple for determining whether an administrative \nprocedure provides due-process protection, byana\nlyzing (1) the nature of the private interest that will be \naffected by the governmental action, (2) the risk of an \nerroneous deprivation through the procedure used, (3) \nthe probable value of additional or substitute procedural \nsafeguards, (4) the governmental function involved, \nand (5) the administrative burden and expense that \nwould be created by requiring additional or substitute \nprocedural safeguards. Mathews v. Eldridge, 424 U.S. \n3l9, 96 S.Ct. 893 (l976). [Cases: Constitutional LawC=> \n3875,4025.] \nmatima (mat-i-mJ), n. [Law Latin] Hist. A godmother. \nmatricide (ma-trJ-sId), n. (l6c) 1. The act ofkilling one's \nown mother. 2. One who kills his or her mother. \nmatricidal, adj. \nmatricula (mJ-trik-y;}-la), n. [Latin] 1. Roman law. A \nregister ofpublic officials. 2. Hist. A register or certifi\ncate of enrollment in any organized group or society. \nmatriculate, vb. (l6c) To enroll or register (in a univer\nsity, college, etc.) [Cases: Colleges and Universities \n9.15.] -matriculation, n. \nmatrimonial action. See ACTION (4). \nmatrimonial cohabitation. See COHABITATION. \nmatrimonial domicile. See DOMICIl.E. \nmatrimonial home. See matrimonial domicile under \nDOMICILE. \nmatrimonial res. (1893) 1. The marriage estate. 2. The \nstate ofmarriage; the legal relationship between married \npersons, as opposed to the property and support obliga\ntions arising from the marriage. \nmatrimonium (ma-tr;}-moh-nee-Jm), n. [Latin] Roman \nlaw. Marriage. -Also termed nuptiae (n;,p-shee-ee). \nmatrimonium ipsum (ma-trJ-moh-nee-Jm ip-sJm). \n[Latin] Hist. Marriage itself. matter \nmatrimonium non justum (ma-trJ-moh-nee-Jm non \nj;}s-tJm). [Latin] Roman law. A marriage between two \npersons one or both of whom do not have the legal \ncapacity to wed (conubium) .  Children resulting from \nsuch a marriage were legitimate but were not consid\nered in polestas. \nmatrimony, n. (l4c) The ceremony or state of being \nmarried; MARRIAGE (1). [Cases: Marriage 1.] \nmatrimonial, adj. \nmatrix (may-triks), n. [Latin] 1. Hist. Mother. 2. Civil \nlaw. The original legal instrument, from which all \ncopies must be made. 3. A list ofthe parties to a lawsuit, \nincluding the addresses at which pleadings and notices \ncan be served . A matrix is commonly used to list \nthe names and addresses ofcreditors and other parties \nin a bankruptcy case. Many bankruptcy courts have \nspecific rules on how to prepare the matrix. \nmatrix ecclesia (may-triks e-klee-z[h]ee-J). [Latin] \nEccles. law. A mother church; a cathedral church in \nrelation to parochial churches in the same diocese, or \na parish church in relation to dependent chapels. \nmatter, n. (Bc) 1. A subject under consideration, esp. \ninvolving a dispute or litigation; CASE (1) <this is the \nonly matter on the court's docket today>. 2. Something \nthat is to be tried or proved; an allegation forming the \nbasis of a claim or defense <the matters raised in the \nplaintiff's complaint are not actionable under state \nlaw>. \nmatter in deed. 1. A matter that can be proved by a \nwriting under seal. 2. See matter offact. \nmatter in pais (in pay). A matter of fact that has not \nbeen recorded in writing and that must therefore be \nproved by parol evidence. \nmatter offact. (16c) A matter involving a judicial \ninquiry into the truth of alleged facts. Also termed \nmatter in deed. \nmatter ofform. A matter concerned only with formali\nties or noncritical characteristics <the objection that \nthe motion was incorrectly titled related to a matter \nof form>. Cf. matter ofsubstance. \nmatter oflaw. A matter involving a judicial inquiry \ninto the applicable law. \nmatter ofrecord. A matter that has been entered on a \njudicial or other public record and therefore can be \nproved by producing that record. \nmatter ofsubstance. A matter concerning the merits \nor critical elements, rather than mere formalities <the \nparty objected because the motion was based on a \nrepealed statute that related to a matter ofsubstance>. \nCf. matter ofform. \nnew matter. 1. A litigant's claim or defense that goes \nbeyond the issues raised in the original litigation, \neither by raising a new issue with new facts to be \nproved or by raiSing a defense that does not impli\ncate an element of the original claims. A typical \nexample of new matter is an affirmative defense. 2. \nSee NEW MATTER (2). \n\n1068 matter in controversy \nspecial matter. Common-law pleading. Out-of-the\nordinary evidence that a defendant is allowed to \nenter, after notice to the plaintiff, under a plea ofthe \ngeneral issue. \nmatter in controversy. See AMOUNT IN CONTROVERSY. \nmatter of. See 1;>< RE. \nmatter of course. (17c) Something done as a part of a \nroutine process or procedure. \nmature, vb. (1861) (Of a debt or obligation) to become \ndue <the bond matures in ten years>. [Cases: Bills and \nNotes ~129.] maturity, n. -mature, adj. \nmatured claim. See CLAIM (3). \nmature-minor doctrine. Family law. A rule holding that \nan adolescent, though not having reached the age of \nmajority, may make decisions about his or her health \nand welfare ifthe adolescent demonstrates an ability to \narticulate reasoned preferences on those matters. _ The \nmature-minor doctrine was recognized as constitution\nally protected in medical decisions (abortion rights) in \nPlanned Parenthood ofCent. Missouri v. Danforth, 428 \nU.S. 52,96 S.Ct. 2831 (1976). Not all states recognize the \ncommon-law mature-minor doctrine. Cf. PARENTAL\nCONSENT STATUTE. [Cases: Abortion and Birth Control \n~120.l \nmaturity date. See date ofmaturity under DATE. \nmaturity value. The amount that is due and payable on \nan obligation's maturity date. \nmaugre (maw-g~r), prep. Archaic. Despite <the witness \nmay testify maugre counsel's objection>. \nmaxim (mak-sim). (16c) A traditional legal principle that \nhas been frozen into a concise expression. _ Examples \nare \"possession is nine-tenths ofthe law\" and caveat \nemptor (\"let the buyer beware\"). -Also termed legal \nmaxim. \nmaximalist retributivism. See RETRIBUTIVISM. \nmaximum cure. Maritime law. '{he point at which a \nseaman who is injured or sick has stabilized, and no \nadditional medical treatment will improve the seaman's \ncondition. - A shipowner's obligation to provide main\ntenance and cure to a sick or injured seaman usu. con\ntinues until the seaman has reached maximum cure. \nFarrell v. United States, 336 U.S. 511, 69 S.Ct. 707 (1949); \nVella v. Ford Motor Co., 421 U.S. 1,95 S.Ct. 1381 (1975). \nSee CURE (2); MAINTENANCE AND CURE. [Cases: Seamen \n11(6).] \nmaximum medical improvement. (1955) The point at \nwhich an injured person's condition stabilizes, and no \nfurther recovery or improvement is expected, even with \nadditional medical intervention. _ This term is most \noften used in the context of a workers' -compensation \nclaim. An injured employee usu. receives temporary \nbenefits until reaching maximum medical improve\nment, at which time a determination can be made about \nany permanent disability the employee has suffered \nand any corresponding benefits the employee should \nreceive. Abbr. MMI. [Cases: Workers' Compensa\ntion C='868.j maximum sentence. See SENTENCE. \nmay, vb. (bef. 12c) 1. To be permitted to <the plaintiff may \nclose>. 2. To be a possibility <we may win on appeal>. \nCf. CAN. 3. Loosely, is required to; shall; must <if two \nor more defendants are jOintly indicted, any defendant \nwho so requests may be tried separately>. _ In dozens \nofcases, courts have held may to be synonymous with \nshall or must, usu. in an effort to effectuate legislative \nintent. [Cases: Statutes \nmaybem (may-hem), n. (ISc) 1. The crime ofmaliciously \ninjuring a person's body, esp. to impair or destroy the \nvictim's capacity for self-defense. _ Modern statutes \nusu. treat this as a form of aggravated battery. See \nBATTERY. Cf. serious bodily injury under INJURY. [Cases: \nMayhem~1.1 \n\"Mayhem, according to the English common law, is mali\nciously depriving another of the use of such of his members \nas may render him less able, in fighting, either to defend \nhimself or to annoy his adversary. It is a felony.\" Rollin \nM. Perkins & Ronald N. Boyce, Criminal Law 239 (3d ed. \n1982). \n2. Violent destruction. 3. Rowdy confusion or disrup\ntion. -maim (for sense 1), vb. \nMay it please the court. (17c) An introductory phrase \nthat lawyers use when first addressing a court, esp. \nwhen presenting oral argument to an appellate court. \nmayn (mayn), n. [Law French] Hist. A hand; handwrit\ning. \nmaynover (md-nOO-Velf or may-nob-velr), n. [Law French] \nHist. A work by hand; something produced by manual \nlabor. \nmayor, n. (14c) An official who is elected or appointed \nas the chief executive of a city, town, or other munic\nipality. [Cases: Municipal Corporations 168.] \nmayoral (may-dr-~l), adj. \nmayoralty (maY-elr-ClI-tee). (I4c) The office or dignity of \na mayor. -Also termed mayorship. \nmayor of the staple. Hist. A person appointed to take \nrecognizances of debt between staple merchants, and \nto hear disputes arising between merchants. See STAPLE \n(1), (2). \nmayor's court. See COURT. \nmayorship. See MAYORALTY. \nMBDA. abbr. MINORITY BUSINESS DEVELOPMENT \nAGENCY. \nMBE. See Multistate Bar Examination under BAR EXAM\nINATION. \nMBO. See management buyout under BUYOUT. \nMC. abbr. MEMBER OF CONGRESS. \nMcCarran Act. A federal law requiring, among other \nthings, members of the Communist party to register \nwith the Attorney General and requiring Communist \norganizations to provide the government with a list \nofits members. -The Act was passed in 1950, during \nthe Cold War. Over the years, the U.S. Supreme Court \ndeclared various portions of the Act unconstitutional, \n\n1069 \nbut it was not fully repealed until 1993. See, e.g., United \nStates v. Spector, 343 U.S. 169, 72 S.Ct. 591 (1952); \nAptheker v. Secretary ofState, 378 U.S. 500, 84 S.Ct. \n1659 (1964); United States v. Robel, 389 U.S. 258, 88 S.Ct. \n419 (1967). -Also termed McCarran Internal Security \nAct; Subversive Activities Control Act of1950. \nMcCarran-Ferguson Act. Insurance. A federal law \nallowing a state to regulate insurance companies doing \nbusiness in that state, and also to levy a tax on them. 15 \nUSCA  lOll-lOI5.lCases: Insurance ~1100.] \nMcCarran Internal Security Act. See MCCARRAN ACT. \nMcClanahan presumption. The presumption that the \nstates do not have jurisdiction to tax members of a \nNative American tribe who live or work on tribal land. \n The presumption is not limited to tribal members \nwho live or work on a formal reservation. Instead, it \nincludes those who live or work on informal reserva\ntions, in dependent tribal communities, and on tribal \nallotments. McClanahan v. Arizona Tax Comm'"}
{"text": "reserva\ntions, in dependent tribal communities, and on tribal \nallotments. McClanahan v. Arizona Tax Comm'n, 411 \nU.S. 164,93 S.Ct. 1257 (1973). [Cases: Taxation C~ \n2273,3412,36l2.] \nMcDonnell Douglas test. Employment law. 'The principle \nfor applying a shifting burden of proofin employment\ndiscrimination cases, essentially requiring the plain\ntiff to come forward with evidence of discrimination \nand the defendant to come forward with evidence \nshowing that the employment action complained of \nwas taken for nondiscriminatorv reasons. Under \nthis test, the plaintiff must first establish a prima facie \ncase of discrimination, as by shOWing that the plain\ntiff is a member of a protected group and suffered an \nadverse employment action. Ifthe plaintiff satisfies that \nburden, then the defendant must articulate a legitimate, \nnondiscriminatory reason for the employment action \ncomplained of. If the defendant satisfies that burden, \nthen the plaintiff must prove that the defendant's stated \nreason is just a pretext for discrimination and that dis\ncrimination was the real reason for the employment \naction. AicDonnell Douglas Corp. v. Green, 411 U.S. 792, \n93 S.Ct. 1817 (1973). Cf. burden-shifting analysis. [Cases: \nCivil Rights e::-~, 1118, 1536.] \nmef. Abbr. Oil & gas. One thousand cubic feet, one ofthe \nstandard units for measuring natural gas. \nMcNabb-Mallory rule. Criminal procedure. The \ndoctrine that a confession is inadmissible if obtained \nduring an unreasonably long detention period between \narrest and a preliminary hearing. Because of the \nbroader protections afforded under the Miranda rule, \nthe McNabb-Mallory rule is rarely applied in modern \ncases. McNabb v. United States, 318 U.S. 332, 63 S.Ct. \n608 (1943); Mallory v. United States, 354 U.S. 449, 77 \nS.Ct. 1356 (1957). -Often shortened to Mallory rule. \n[Cases: Criminal Law <';='519(8).] \nMcNaghten rules (mik-nawt-,m). (1917) Criminal law. \nThe doctrine that a person is not criminally responsible \nfor an act when a mental disability prevented the person \nfrom knowing either (l) the nature and quality of the \nact or (2) whether the act was right or wrong. lhe meaning \nfederal courts and most states have adopted this test \nin some form. McNaghten's Case, 8 Eng. Rep. 718 (B.L. \n1843). -Also spelled McNaughten rules; M'Naghten \nrules; M'Naughten rules. -Also termed right-and\nwrong test; right-wrong test. See INSANITY DEFENSE. \n[Cases: Criminal Law C:;:>48; Homicide ~817.] \n\"Four pOints stand out and should be understood whenever \nreference to M'Naghten is made other than in regard to \nprocedure. (l) It applies only in case of 'a defect of reason, \nfrom disease of the mind' and without this the following \ndo not apply except that 'disease' as so used will be inter\npreted to include congenital defect or traumatic injury. \n(2) If, because of this 'defect of reason,' the defendant did \nnot know what he was doing he is not guilty of crime. (3) \nEven if the defendant knew what he was doing he is not \nguilty of crime if, because of this 'defect of reason; he did \nnot know he was doing wrong. (4) If the defendant acted \nunder an insane delUSion, and was not otherwise insane, \nhis accountability to the criminal law is the same as if the \nfacts were as they seemed to him to be,\" Rollin M. Perkins & \nRonald N. Boyce, Criminal Law 959-60 (3d ed. 1982). \nMcNary comity. lhe principle that a U.S. district court \nshould not hear a taxpayer's civil-rights challenge to the \nadministration ofa state's tax system. Fair Assessment \nin Real Estate Ass'n v. McNary, 454 U.S. 100, 102 S.Ct. \n177 (1981). [Cases: Federal Courts C-~27.1 \nM.D. abbr. (15c) 1. Middle District, usu. in reference to \nU.S. judicial districts. 2. Doctor ofmedicine. \nMDA. abbr. MISSILE DEFENSE AGENCY, \nMOL. abbr. MULTlDISTRICT LITIGATION. \nMOP. abbr. MULTIDISCIPLINARY PRACTICE. \nMDV. abbr. MOTION FOR DIRECTED VERDICT. \nmean, adj. (l4c) 1. Ofor relating to an intermediate point \nbetween two points or extremes <a mean position>. 2. \nMedium in size <a mean height>. 3. (Of a value, etc.) \naverage <a mean score>. Cf. MEDIAN. \nmeander line (mee-an-d;tr). (1865) A survey line (not \na boundary line) on a portion ofland, usu. following \nthe course ofa river or stream. [Cases: Boundaries ~ \n12.] \nmean high tide. See TIDE. \nmeaning. (14c) The sense ofanything, but esp. ofwords; \nthat which is conveyed (or intended to be conveyed) \nby a written or oral statement or other communica\ntive act. The word ordinarily includes a mistaken \nbut reasonable understanding of a communication. \nCf. AMBIGUITY. \nobjective meaning. The meaning that would be attrib\nuted to an unambiguous document (or portion of a \ndocument) by a disinterested reasonable person who \nis familiar with the surrounding circumstances . \nA party to a contract is often held to its objective \nmeaning, which it is considered to have had reason \nto know, even if the party subjectively understood \nor intended something else. [Cases: Contracts \n147(1).] \nplain meaning. The meaning attributed to a document \n(usu. by a court) by giving the words their ordinary \nsense, without referring to extrinsic indications ofthe \n\nauthor's intent. Also termed ordinary meaning. See \nPLAIN-MEANING RULE. [Cases: Contracts C=c 152.] \nsubjective meaning. The meaning that a party to a \nlegal document attributes to it when the document \nis written, executed, or otherwise adopted. [Cases: \nContracts C=c 170(1).] \nmean lower low tide. See TIDE. \nmean low tide. See TIDE. \nmean reserve. See RESERVE. \nmeans, n. (l4c) 1. Available resources, esp. for the \npayment of debt; income. Also termed means of \nsupport. 2. Something that helps to attain an end; an \ninstrument; a cause. \nmeans-combination daim. See PATENT CLAIM. \nmeans ofsupport. See MEANS (1). \nmeans-plus-fundion clause. Patents. An element in a \npatent claim, usu. in a claim for an apparatus patent, \nasserting that the claim element is a way to perform a \ngiven function or is a step in the process ofperform\ning a given function . The claim will be interpreted as \nincluding the structure or means stated in the patent \nspecification and equivalents at the time of interpre\ntation or infringement, but not all possible means of \nachieving the same function. 35 USCA  112 ~ 6. \nAlso termed means-plus-function element; means-plus\nfunction claim. See combination patent under PATENT \n(3). lCases: Patents (;::::: 101(8).] \nmean trading price. See PRICE. \nmearstone. See MERESTONE. \nmeasure of damages. (18c) The basis for calculating \ndamages to be awarded to someone who has suffered \nan injury . For example, the measure ofdamages in an \naction on a penal bond is compensation for the actual \nloss, not exceeding the established penalty. [Cases: \nDamages C=c95-126.] \nmeasuring life. (1922) Under the rule against perpetuit\nies, the last beneficiary to die who was alive at the tes\ntator's death and who usu. holds a preceding interest. \n A measuring life is used to determine whether an \ninterest will vest under the rule against perpetuities. \nSee RULE AGAINST PERPETUITIES. Cf. LIFE IN BEING. \n[Cases: Perpetuities (;::::4(1).] \nmeasuring money. Hist. An extra duty collected on cloth. \n It was abolished during the reign of Henry IV. \nmechanical license. See LICENSE. \nmechanical rights. Copyright. The right to reproduce \na song in a phonorecord form, such as audiotape or \ncompact disc . Ihe right is obtained by paying a statu\ntory royalty; it is not necessary to obtain the songwrit\ner,s express permission. See MECHANICAL ROYALTY. Cf. \nPERFORMANCE RIGHTS. [Cases: Copyrights and Intel\nlectual Property C=c48.1.] \nmechanical royalty. Copyright. The payment to which \na songwriter is entitled each time a mechanical-right \nholder reproduces a song on a phonorecord . Mechan\nical-royalty rates are statutory, and payable per song or per minute (whichever is higher). Ifan artist is willing \nto pay the statutory rate, the songwriter's permis\nsion is not needed before a recording is made. If they \nchoose to, artists and songwriters may negotiate lower \nroyalty rates. 37 CFR  255. Also termed statutory \nrate. [Cases: Copyrights and Intellectual Property(;:=: \n48.1.] \nmechanic's lien. See LIEN. \nMED. abbr. OFFICE OF MEDICAL SERVICES. \nmedfee (med-fee). Hist. A bribe or reward; compensation \ngiven for things exchanged of unequal value. \nmedia concludendi (mee-dee-a kon-kloo-den-dr). \n[Latin] Hist. Ihe steps ofan argument. \nmedial, adj. See INTERLOCUTORY. \nmedian, adj. (15c) Located in or related to the precise \nmidpoint in a range of values or quantities, such that \nhalf of them fall above the midpoint and halfbelow. \nCf. MEAN. \nmedia nox (mee-dee-a noks), n. [Latin] Hist. Midnight. \nmedianus homo (mee-dee-ay-nas hoh-moh). [Latin] \nHist. A man ofmiddle fortune. \nmedia sententia (mee-dee-a sen-ten-shee-a). [Latin] \nRoman law. A middle view. \n\"The Proculeians held that specification, by changing the \nform of the raw material, changed its nature, and replaced \nit by something quite new, and that, therefore, the maker \nof the new article was the owner of it, and not the person \nto whom belonged the material of which it was made. \nThe Sabinians, on the other hand, were of opinion that \nthe material retained its original nature. and continued \nto subsist, notwithstanding its change of form, and that, \naccordingly, the new article belonged to the proprietor of \nthe material. Neither of these extreme views were adopted \nby Justinian, who followed a middle opinion, based on this \ndistinction: 'If the thing made can be reduced to its former \nrude materials, then the owner of the materials is also \nconSidered the owner of the thing made; but if the thing \ncannot be so reduced, then he who made it is the owner \nof it.' Uust. Inst. B. 2, T. I,  25.)\" John Trayner, Trayner's \nLatin Maxims 349 (4th ed. 1894). \nmediate datum (mee-dee-ay-tee day-tam). [Latin] An \nintermediate fact whose existence implies the existence \nof ultimate facts. \nmediate descent. See DESCENT. \nmediated settlement agreement. See SETTLEMENT (2). \nmediate evidence. See secondary evidence under \nEVIDENCE. \nmediate possession. See POSSESSION. \nmediate powers (mee-dee-it). (1820) Subordinate powers \nincidental to primary powers, esp. as given by a prin\ncipal to an agent; powers necessary to accomplish the \nprincipal task <adjusting debt is a mediate power to \ncollecting debt>. Cf. PRIMARY POWERS. \nmediate testimony. See secondary evidence under \nEVIDENCE. \nmediation (mee-dee-ay-shan), n. (14c) 1. A method of \nnonbinding dispute resolution involving a neutral third \nparty who tries to help the disputing parties reach a \n\nmutually agreeable solution; CONCILIATION. -Also \ntermed case evaluation;facilitated negotiation. Cf. COL\nLABORATIVE LAW; COOPERATIVE LAW. [Cases: Alterna\ntive Dispute Resolution (;::::>441.]2. Int'llaw. A process \nwhereby a neutral country helps other countries peace\nfully resolve disputes between them. Cf. ARBITRA\nTION. -mediate (mee-dee-ayt), vb. -mediatory \n(mee-dee-<l-tor-ee), adj. \n'The distinction between mediation and conciliation is \nwidely debated among those interested in ADR, arbitration, \nand international diplomacy. Some suggest that concili\nation is 'a nonbinding arbitration,' whereas mediation is \nmerely 'assisted negotiation.' Others put it this way: con\nciliation involves a third party's trying to bring together \ndisputing parties to help them reconcile their differences, \nwhereas mediation goes further by allowing the third party \nto suggest terms on which the dispute might be resolved. \nStill others reject these attempts at differentiation and \ncontend that there is no consensus about what the two \nwords mean that they are generally interchangeable. \nThough a distinction would be convenient, those who \nargue that usage indicates a broad synonymy are most \naccurate.\" Bryan A. Garner, A Dictionary of Modern Legal \nUsage 554 (2d ed. 1995). \nMediation and Conciliation Service. A federal agency \nthat tries to prevent the interruption of commerce \nresulting from labor disputes, by assisting parties in \nsettling their disputes through mediation and concili\nation. -The agency can intervene on its own motion or \non the motion ofa party to the dispute. -Also termed \nFederal Mediation and"}
{"text": "can intervene on its own motion or \non the motion ofa party to the dispute. -Also termed \nFederal Mediation and Conciliation Service. 29 USCA \n 172, 173. \nmediator (mee-dee-ay-t<lr), n. (14c) A neutral person \nwho tries to help disputing parties reach an agreement. \nCf. ARBITRATOR. [Cases: Alternative Dispute Resolu\ntion (';:::>470.] \nmediators of questions. Hist. Six persons authorized \nby 27 Edw. 3, St. 2, ch. 24 to settle disputes between \nmerchants. \nMedicaid. (1966) A cooperative federal-state program \nthat pays for medical expenses for qualifying indi\nviduals who cannot afford private medical services. _ \nThe program is authorized under the Social Security \nAct. -Also termed Medical Assistance; (in California) \nMediCal. Cf. MEDICARE. [Cases: Health C--=>460-512.] \nMedicaid-qualifying trust. See TRUST. \nMediCal. See MEDICAID. \nMedical Assistance. See MEDICAID. \nmedical directive. See ADVANCE DIRECTIVE (2). \nmedical-emergency exception. (1975) Criminal law. The \nprinciple that a police officer does not need a warrant to \nenter a person's home ifthe entrance is made to render \naid to someone whom the officer reasonably believes \nto be in need ofimmediate assistance. [Cases: Searches \nand Seizures \nmedical evidence. See EVIDENCE. \nmedical examiner. (1820) A public official who inves\ntigates deaths, conducts autopsies, and helps the \nstate prosecute homicide cases. _ Medical examiners \nhave replaced coroners in many states. -Sometimes shortened to examiner. See CORONER. [Cases: Coroners \nmedical expense. See EXPENSE. \nmedical-expense reimbursement plan. See EMPLOYEE \nBENEFIT PLAN. \nmedical jurisprudence. See FORENSIC MEDICINE. \nmedical lien. See healthcare lien under LIEN. \nmedical malpractice. See MALPRACTICE. \nmedical neglect. See NEGLECT. \nmedical probability. See REASONABLE MEDICAL PROB\nABILITY. \nmedicals. See medical expense (2) under EXPENSE. \nMedicare. (1953) A federal program established under \nthe Social Security Act -that provides health insur\nance for the elderly and the disabled. Cf. MEDICAID; \nMEDIGAP INSURANCE. [Cases: Health (;::::>520-554.] \n\"The Medicare Program is really three programs, Parts \nA, B, and C. Part A, the Hospital Insurance program, \ncovers inpatient hospital, skilled nurSing, home health, \nand hospice services .... Part B (Supplemental Medical \nInsurance) benefits help pay for physician's services, outpa\ntient hospital services, renal dialysis, speech and physical \ntherapy, ambulatory surgery, home health services, durable \nmedical equipment, rural health clinic services, compre\nhensive outpatient rehabilitation facility services, and \nsome diagnostic tests .... Part C, the Medicare + Choice \nmanaged care program, was established by the Balanced \nBudget Act of 1997. Under the Medicare + Choice program, \nMedicare contracts with a wide variety of prepaid health \nplans on a risk basis to provide care to its beneficiaries.\" \nBarry R. Furrow et aI., Health Law  11-1, at 538 (2d ed. \n2000). \nmedicolegal (med-i-koh-Iee-gdl), adj. (1835) Involving \nthe application ofmedical science to law <the coroner's \nmedicolegal functions>. See FORENSIC MEDICINE. \nmedietas linguae (mi-dl-<l-tas ling-gwee), n. [Law Latin] \nHist. Half-tongue. -The term was applied to a jury \nequally divided between natives and aliens. See DE \nMEDIETATE LINGUAE. \nmediety. See MOIETY (1). \nmedigap insurance. (1975) Slang. A private insurance \npolicy for Medicare patients to cover the costs not \ncovered by Medicare. Cf. MEDICARE. \nmedio. See DE MEDIO. \nmedio tempore (mee-dee-oh tem-pa-ree). [Latin] Hist. \nIn the meantime. \nmeditatio fugae (med-i-tay-shee-oh fyoo-jee). [Latin] \nScots law. The intention of absconding. \n\"When a creditor is in circumstances to make oath or affir\nmation that his debtor, whether native or foreigner, is in \nmeditatione fugae, in order to avoid the payment of his \ndebt, or where he has reasonable ground for apprehend\ning that the debtor has such an intention, it is competent \nfor the creditor to apply to a magistrate, who, on inquir \ning into the circumstances, and finding reason to believe \nthat the creditor's application is well founded, will grant \na warrant for apprehending the debtor for examination; \nand may afterwards grant warrant to imprison him until \nhe find caution judicio sisti.\" William Bell, Bell's Dictionary \nand Digest of the Law ofScotland 711-12 (George Watson \ned., 7th ed. 1890). \n\n1072 medium concludendi \nmedium concludendi (mee-dee-am kon-kloo-den-dI). \n[Law Latin] Hist. The ground of action; the cause of \naction. \nmediumfilum. Seefilum aquae under FILUM. \nmedium impedimentum (mee-dee-dm im-ped-a-men\ntam). [Law Latin \"a mid-impediment\"] Hist. An inter\nvening circumstance that prevents a second event from \noccurring as a result ofthe first one. \nmedium ofexchange. (18c) Anything generally accepted \nas payment in a transaction and recognized as a \nstandard of value <money is a medium of exchange>. \nCf. EXCHANGE (2); CURRENCY; LEGAL TENDER. [Cases: \nPayment \nmedium tempus (mee-dee-am tem-pas). [Latin \"inter\nmediate period\"] Hist. See mesne profits under PROFIT \n(1). \nmedium work. See WORK (1). \nmedletum (med-Iee-tdm), n. [Law Latin fro French mesler \n\"to mingle\"] Hist. 1. A mixing together ofsomething. 2. \nAn affray or sudden encounter; a melee. 3. Interference \nin a business matter. \nmedley (med-Iee). An affray; sudden or casual fighting. \nCf. CHANCE-MEDLEY. \nmed. mal. See medical malpractice under MALPRAC\nTICE. \nmeer dreit (meer drayt or dreet). See MERE RIGHT. \nmeeting, n. (14c) Parliamentary law. The gathering of \npeople to discuss or act on matters in which they have \na common interest; esp. the convening ofa deliberative \nassemblv to transact business. - A deliberative assem\nbly's me~tingbegins with a call to order and continues \nuntil the assembly adjourns. See call to order under \nCALL (1); ADJOURN (2). Cf. SESSION. -meet, vb. \n\"The distinction should be noted between the assembly \n(that is, the body of people who assemble) and the meeting \n(which is the event of their being assembled to transact \nbusiness).\" Henry M. Robert, Robert's Rules ofOrder Newly \nRevised  1, at 2 (10th ed. 2000). \nadjourned meeting. 1. See continued meeting. 2. A \nmeeting that has adjourned. -These two senses are \nopposite in meaning, so the term \"continued meeting\" \nis preferable for sense 1. \nannual meeting. A yearly meeting to elect or install \nofficers or directors and to conduct other routine \norganizational business. -An organization's govern\ning documents usu. specify the time and place ofsuch \na meeting. [Cases: Corporations C=>193.1 \nbusiness meeting. A formal meeting called for consid\nering business, as opposed to a purely educational or \nsocial event. - A business meeting may fall within a \nprogram that also includes social and informational \nevents. See PROGRAM (1). \ncalled meeting. See special meeting. \ncontinued meeting. A meeting that will be or has been \nresumed after a recess (or a so-called adjournment, \nwhich may last for several days but is still techni\ncally a recess, since it does not end the meeting). _ A continued meeting is technically not an \"adjourned \nmeeting,\" and an \"adjourned meeting\" may also mean \na meeting that has adjourned, so the term \"contin\nued meeting\" is preferable. -Also loosely termed \nadjourned meeting. See RECESS (2). \ncreditors' meeting. Bankruptcy. The first meeting \nof a debtor's creditors and equity security holders, \npresided over by the u.s. Trustee and at which a bank\nruptcy trustee may be elected and the debtor may be \nexamined under oath. 11 USCA  341. Also termed \nmeeting ofcreditors; 341 meeting;first meeting ofcredi\ntors. [Cases: BankruptcyC=>3024.j \nmass meeting. A meeting of an unorganized body \ncalled to discuss a particular issue or to organize for \na particular purpose and usu. open to anyone inter\nested in that issue or purpose. \norganizational meeting. 1. A mass meeting that estab\nlishes a permanent or ongoing organization. 2. A \nmeeting that begins an ongoing organization's pro\nceedings under its regular order, such as adopting \ngoverning documents and electing usu. fol\nlOWing a mass meeting and an interval when the orga\nnization operates under provisional officers while its \ngoverning documents are drafted. -Ifthe organiza\ntional meeting is for a corporation and the articles of \nincorporation name the initial directors, the directors \nhold the meeting. Otherwise, the incorporator holds \nthe meeting. [Cases: Corporations <.''';:::'24.]3. The first \nmeeting after a dissolution, at which a newly recon\nstituted deliberative assembly such as a legislative \nbody or a convention whose members are assuming \nthe seats to which they have been elected or re-elected \nfor a new term -elects officers, adopts rules, and \notherwise organizes for the new session. \nregular meeting. A periodic meeting held at a time set \nin an organization's governing documents or under \na standing rule or schedule that the deliberative \nassembly has adopted. -Also termed stated meeting. \nCf. special meeting. \nspecial meeting. A meeting that is not a regular \nmeeting; a meeting called for a particular purpose, \nusu. between regular meetings. -Also termed called \nmeeting. Cf. regular meeting. [Cases: Corporations \nC=> 194,298(3).] \nstated meeting. See regular meeting. \n341 meeting. See creditors' meeting. \nmeeting-competition defense. Antitrust. A defense to a \ncharge of price discrimination whereby the defendant \nshows that the lower price was a good-faith attempt \nto match what it believed to be a competitor's equally \nlow offer. \nmeeting of creditors. See creditors' meeting under \nMEETING. \nmeeting of the minds. (1830) Contracts. Actual \nassent by both parties to the formation of a contract, \nmeaning that they agree on the same terms, condi\ntions, and subject matter. _ This was required under \n\n1073 \nthe traditional subjective theory ofassent, but modern \ncontract doctrine requires only objective manifesta\ntions of assent. -Also termed mutuality ofassent; \naggregatio mentium; assensio mentium. See mutual \nassent. under ASSENT. [Cases: Contracts \nmegalopolis (meg-d-Iop-d-lis). A heavily populated, con\ntinuous urban area that is one vast city or composed of \nseveral cities and towns. \nMegan's law (meg-dnz or may-gdnz). (1994) A statute that \nrequires sex offenders who are released from prison to \nregister with a local board and that provides the means \nto disseminate information about the registrants to the \ncommunity in which they dwell. -Although many of \nthese statutes were enacted in the late 19805, they took \ntheir popular name from Megan Kanka of New Jersey, \na seven-year-old who in 1994 was raped and murdered \nby a twice-convicted sex offender who lived across \nthe street from her house. All states have these laws, \nbut only some require community notification (as by \npublishing offenders' pictures in local newspapers); \nin others, people must call a state hotline or submit \nnames of persons they suspect. The federal version of \nMegan's law may be found at 42 USCA  1407l. -Also \ntermed registration and community-notification law; \ncommunity-notification law. Cf. JACOB WETTER LING \nCRIMES AGAINST CHILDREN AND SEXUALLY VIOLENT \nOFFENDER REGISTRATION ACT. [Cases: Mental Health \nC=-'452,469.] \nmeigne (mayn), n. [Law French] Hist. See MEINY. \nmeindre age (min-ddT ayj or azh), n. [Law French] Hist. \nLesser age; minority. See MINORITY (1). \nmeiny (may-nee), n. [Law Frenc.h] Hist. A family, esp. \na royal household. -Also spelled meinej meinie; \nmeigne. \nmelior (mee-Iee-dr), adj. [Latin] Better; the better, as in \nmelior res (\"the better thing or chattel\"). \nmeliorations (meel-ya-ray-shdnz). 1. Scots law. Improve\nments other than repairs made to an estate by \na tenant or liferenter. -The cost of meliorations is \nnot recoverable from the landlord or fiar. 2. Lasting \nimprovements. \nmelioribus damnis. See DE MELIORIBUS DAMNIS. \nmelius inquirendum (mee-lee-ds in-kwd-ren-ddm), n. \n[Law Latin \"to be better inquired into\"] Hist. A writ \nordering the escheator to investigate a matter further, \nas by inquiring who is the next heir ofa party who died \nseised oflands. \nMelson formula. Family law. A method of calculating \na noncustodial parent's child-support obligation to \nensure that (1) neither parent falls below the"}
{"text": "method of calculating \na noncustodial parent's child-support obligation to \nensure that (1) neither parent falls below the poverty \nlevel in meeting child-support obligations, and (2) \na child of a wealthier noncustodial parent shares in \nthat parent's higher standard ofliving. _ Named for \nJudge Elwood F. Melson of Delaware Family Court, \nthe formula has been adopted in several states, such as \nDelaware, Hawaii, Montana, and West Virginia. The \nformula works as follows. A self-support reserve is first members' scheme of arrangement \ndeducted from the parent-obligor's net income. Next, \na primary support amount per child is calculated at \nan established subsistence level, added to actual work\nrelated child-care expenses, and allocated between \nthe parents. After deducting the support obligor's \nself-support reserve and pro rata share of the child's \nadjusted primary support amount, a percentage of the \nobligor's remaining income is allocated to additional \nchild support as a cost-of-living adjustment. Total child \nsupport is determined by adding together the noncus\ntodial parent's share of primary support and the stan\ndard-of-living allowance. [Cases: Child Support C=: \n89,90, 146.] \nmember. (l4c) 1. Parliamentary law. One of the individu\nals of whom an organization or a deliberative assembly \nconsists, and who enjoys the full rights ofparticipating \nin the organization -including the rights of making, \ndebating, and voting on motions -except to the extent \nthat the organization reserves those rights to certain \nclasses of membership. \ncharter member. A member who was a member when \nthe charter was granted or adopted; a founder. \nfull member. See voting member. \ninformational member. See norlvoting member. \nlimited member. See nonvoting member. \nmember ex officio. A member who serves (on a board or \ncommittee) by virtue of holding an office, and whose \nmembership will therefore pass with the office to his \nor her successor. -Also termed ex officio member. \nSee EX OFFICIO. \nnonvoting member. A member whose rights do not \ninclude the right of voting on the organization's or \nassembly's business. Also termed informational \nmember. \nvoting member. A fully enfranchised member, as dis\ntinguished from a nonvoting member. -Also termed \nfull member. \n2. Military law. A person assigned to a court-martial \nto determine guilt and punishment. [Cases: Military \nJustice (;:J870-871, 879.J \nmember bank. See BANK. \nmember firm. Securities. A brokerage firm with at least \none director, officer, or general partner who holds a seat \nin an organized securities exchange. -Also termed \n(if organized as a corporation) member corporation. \n[Cases: Exchanges C=:5-9.] \nmember ofa crew. See SEAMAN. \nmember of Congress. An elected official who sits in \neither the U.S. Senate or the House of Representatives. \n-lbe official may be appointed to fill an unexpired \nterm. -Abbr. Me. [Cases: United States C=:7.1.] \nmember ofParliament. A person with the right to sit in \none of the two houses of Parliament. Abbr. MP. \nmembership committee. See COMMITTEE. \nmembers' scheme of arrangement. See SCHEME OF \nARRANGEMENT. \n\n1074 membrana \nmembrana (mem-bray-na), n. [Latin \"parchment\"] \nHist. 1. A skin of parchment. 2. A notebook of leaves \nofparchment. _ The English rolls were made of several \ntypes of parchment and the term membrana was used \nin referring to them. \nmembrum (mem-br;lm), n. [Latin \"limb\"] A division of \nsomething, esp. a slip or small piece ofland. \nmemdispo (mem-dis-poh). Slang. See memorandum \nopinion under OPINION (1). \nmemorandum. (15c) 1. An informal written note or \nrecord outlining the terms ofa transaction or contract \n<the memorandum indicated the developer's intent to \nbuy the property at its appraised value>. -To satisfy \nthe statute of frauds, a memorandum can be written \nin any form, but it must (1) identify the parties to the \ncontract, (2) indicate the contract's subject matter, (3) \ncontain the contract's essential terms, and (4) contain \nthe signature of the party against whom enforcement \nis sought. Also termed memorial; note. See STATUTE \nOF FRAUDS. [Cases: Contracts C~32; Frauds, Statute \nOfe:.;:103, 105.J 2. An informal written communica\ntion used esp. in offices <the firm sent a memorandum \nreminding all lawyers to turn in their timesheets>. \nOften shortened to memo. 3. A party's written state\nment of its legal arguments presented to the court, \nusu. in the form of a brief <memorandum oflaw>. PI. \nmemoranda, memorandums. \nanalytical memorandum. See research memoran\ndum. \nclosed memorandum. A memorandum prepared by a \nlaw student using only given facts and the materials, \nusu. a collection ofcases, in a packet provided to the \nstudent. Also termed closed memo; closed-universe \nmemo. \nopen memorandum. A memorandum prepared by a \nlaw student based on a given set of facts and using \nany available resources for research. Also termed \nopen memo. \npersuasive memorandum. A memorandum written \nto sway the reader to accept the writer's position on \na stated problem. \nresearch memorandum. A memorandum whose \npurpose is analyze a legal issue and inform the reader \nabout possible approaches and outcomes. -This type \nof memorandum is usu. an in-house document. \nAlso termed analytical memorandum. \nmemorandum articles. Marine insurance. Goods \ndescribed in the memorandum clause. See MEMORAN\nDUM CLAUSE. [Cases: Insurance 2241.] \nmemorandum check. See CHECK. \nmemorandum clause. A marine-insurance clause pro\ntecting underwriters from liability for injury to goods \nthat are particularly perishable, or for minor damages. \n[Cases: Insurance ~2235, 2241.] \n\"This clause was first introduced into the English [marine\ninsurance) policies about the year 1749. Before that time \nthe insurer was liable for every injury. however small, that \nhappened to the thing insured.... The memorandum clause ... usually declares that the enumerated articles, \nand any other articles that are perishable in their own \nnature, shall be free from average under a given rate, \nunless general, or the ship be stranded. In consequence of \nthis exception, all small partial losses, however inconsider \nable, are to be borne by a general average, provided they \nwere incurred in a case proper for such an average .. , ,\" \n3 James Kent, Commentaries on American Law *294-95 \n(George Comstock ed., 11th ed. 1866). \nmemorandum decision. See memorandum opinion \nunder OPINION (1). \nmemorandum disposition. See memorandum opinion \nunder OPINION (1). \nmemorandum in error. A document alleging a factual \nerror, usu. accompanied by an affidavit of proof. \nmemorandum of alteration. English law. A patentee's \ndisclaimer of certain rights such as rights to part \nof an invention that is not new and useful -to avoid \nlosing the whole patent. _ Until the mid-19th century, \nifa single patent was granted for two inventions, one of \nwhich was not new and useful, the entire patent would \nbe defective. \nmemorandum of associatiou. English law. A legal \ndocument setting up a corporation -either with or \nwithout limited liability and including the com\npany's name, purpose, and duration. See ARTICLES OF \nINCORPORATION. \nmemorandum of intent. See LETTER OF INTENT. \nmemorandum of understanding. See LETTER OF \nINTENT. -Abbr. MOU. \nmemorandum opinion. See OPINION (1). \nmemorandum sale. See SALE. \nmemorial, n. (l7e) 1. An abstract of a legal record, esp. \na deed; MEMORANDUM (1). [Cases: Records 2. A \nwritten statement of facts presented to a legislature or \nexecutive as a petition. \nmemoriter (m;l-mor-;l-t;:}r), adv. [Latin \"with an accurate \nmemory\"] From memory; by recollection. -Memoriter \nproofofa written instrument is furnished by the recol\nlection of a witness who knew the instrument. \nmenacing, n. (14c) An attempt to commit common-law \nassault. _ The term is used esp. in jurisdictions that \nhave defined assault to include battery. See ASSAULT. \n[Cases: Assault and Battery C=>61; Extortion and \nThreats \nmendacity (men-das-a-tee), n. (16c) 1. Ihe quality of \nbeing untruthful. 2. A lie; falsehood. mendacious \n(men-day-shds), adj. \nmendicatorie (men-di-ka-tor-ee-ee). [Law Latin] Hist. \nAs a supplicant or beggar. \nmend-the-hold doctrine. The principle that a non\nperforming party's defense in a breach-of-contract \naction must be raised before the close of evidence. - A \nminority ofcourts limit a defendant to the first defense \nraised after litigation begins, unless the defendant can \nshow a good-faith basis for a new defense. Most courts \nallow the defendant to raise several defenses as long as \n\n1075 mera facta quae in meris faciendi finibus consistunt \neach defense is based on the reason given for nonper\nformance when the breach occurred. The term comes \nfrom 19-century wrestling jargon, \"mend the hold\" \nmeaning \"get a better grip on your opponent.\" [Cases: \nEstoppel (;=>68(2).] \nmen of straw. Hist. False witnesses who wandered \naround courts and were paid to give untrue testimony. \n_ They stuffed straw into their shoes so that advocates \ncould recognize them. See STRAW MAN (4). \nmens (menz), n. [Latin) Mind; intention; wilL \nmensa. See MANAGIUM. \nmensa et thoro (men-sd et thor-oh). [Latin] Bed and \nboard. See A MENSA ET THORO; divorce a mensa et thoro \nunder DIVORCE. \nmensalia (men-say-Iee-d), n. [fro Latin mensa \"a table\"] \nParsonages; spiritual livings. -Also termed mensal \nbenefices. \nmensis (men-sis), n. [Latin] Roman hw. A month. \nmens legis (menz lee-jis). [Latin \"the mind of the law\"] \nThe spirit or purpose ofa law. \nmens legislatoris (menz lej-is-Id-tor-is). [Latin \"the \nintention ofthe lawmaker\"] Legislative intent. \nmensor (men-sor), n. [fro Latin metiri \"to measure\"] \nRoman law. A measurer ofland; a surveyor. \nmens rea (menz ree-d). [Law Latin \"guilty mind\"] (1861) \nThe state ofmind that the prosecution, to secure a con\nviction, must prove that a defendant had when commit\nting a crime; criminal intent or recklessness <the mens \nrea for theft is the intent to deprive the rightful owner of \nthe property>. -Mens rea is the second oftwo essential \nelements ofevery crime at common law, the other being \nthe actus reus. Also termed mental element; criminal \nintent; guilty mind. PI. mentes reae (men-teez ree-ee). \nCf. ACTUS REUS. [Cases: Criminal Law C='20.] \n\"There are only two states of mind which constitute mens \nrea, and they are intention, and recklessness.\" J.w. Cecil \nTurner, Kenny's Outlines of Criminal Law 29-30 06th ed. \n1952). \n\"Most English lawyers would however now agree with Sir \nJames Fitzjames Stephen that the expression mens rea is \nunfortunate, though too firmly established to be expelled, \njust because it misleadingly suggests that, in general, \nmoral culpability is essential to a crime, and they would \nassent to the criticism expressed by a later judge that the \ntrue translation of mens rea is 'an intention to do the act \nwhich is made penal by statute or by the common law: \n[Allard V. Selfridge, (1925) 1 K.B. at 137 (per Shearman, J)].\" \nH.L.A. Hart, \"Legal Responsibility and Excuses,\" in Punish \nment and Responsibility 28, 36 (1968). \n\"Some years ago the mens-rea doctrine was criticized on \nthe ground that the Latin phrase is 'misleading.' If the \nwords 'mens rea' were to be regarded as selfexplanatory \nthey would be open to this objection, but they are to be \nconsidered merely as a convenient label which may be \nattached to any psychical fact sufficient for criminal guilt \n(in connection with socially harmful conduct). This includes \na field too complex for any brief self-explanatory phrase, \nand since it is important to have some sort of dialectic \nshorthand to express the idea, this time honored label will \ndo as well as any.\" Rollin M. Perkins & Ronald N. Boyce, \nCriminal Law 826-27 (3d ed. 1982). mensularius (men-sd-lair-ee-ds), n. [fro Latin mensa \n\"a table\"] Roman law. A dealer in money; a money\nchanger; a banker. \nmensura (men-s[y]oor-d), n. [Latin] Hist. A measure. \nmensura domini regis (men-s[y]oor-d dom-d-llI ree-jis). \n[Law Latin \"the measure of our lord the king\"] Hist. \nThe standard weights and measures established under \nRichard I, in his Parliament at Westminster in 1197. \n\"Thus, under king Richard I, in his parliament holden at \nWestminster, A.D. 1197, it was ordained that there shall \nbe only one weight and one measure throughout the \nkingdom, and that the custody of the assise or standard \nof weights and measures shall be committed to certain \npersons in every city and borough .... In king John's time \nthis ordinance of king Richard was"}
{"text": "measures shall be committed to certain \npersons in every city and borough .... In king John's time \nthis ordinance of king Richard was frequently dispensed \nwith for money which occasioned a provision to be made \nfor enforCing it .... These original standards were called \npondus regis, and mensura domini regis; and are directed \nby a variety of subsequent statutes to be kept in the exche\nquer, and all weights and measures to be made conform\nable thereto:' 1 William Blackstone, Commentaries on the \nLaws ofEngland 265-66 (1765). \nmental abuse. See emotional abuse under ABUSE. \nmental anguish. See EMOTIONAL DISTRESS. \nmental capacity. See CAPACITY (3). \nmental cruelty. See CRUELTY. \nmental distress. See EMOTIONAL DISTRESS. \nmental element. See MENS REA. \nmental evaluation. 1. See INDEPENDENT MENTAL EVALU\nATION. 2. See PSYCHIATRIC EXAMINATION. \nmental examination. See PSYCHIATRIC EXAMINATION. \nmental illness. (1847) 1. A disorder in thought or mood \nso substantial that it impairs judgment, behavior, \nperceptions of reality, or the ability to cope with the \nordinary demands oflife. [Cases: Mental Health \n3.] 2. Mental disease that is severe enough to necessi\ntate care and treatment for the afflicted person's own \nwelfare or the welfare ofothers in the community. \nmental incompetence. See INCOMPETENCY. \nmental-process privilege. See DELIBERATIVE-PROCESS \nPRIVILEGE. \nmental reservation. (17c) One party's silent understand\ning or exception to the meaning ofa contractual provi\nsion. [Cases: Contracts C=,14,15.] \nmental shock. See SHOCK. \nmental suffering. See EMOTIONAL DISTRESS. \nmente captus (men-tee kap-tds). [Latin \"captured in \nmind\"] Persons who are habitually insane. \nmentes reae (men-teez ree-ee). pl. MENS REA. \nmentiri (men-tI-n). vb. [Latin] To lie. \nmentition (men-tish-dn), n. [fro Latin mentitio \"lying\"] \n(17c) The act oflying. \nmentor judge. See JUDGE. \nMEPA. abbr. MULTIETHNIC-PLACEMENT ACT OF 1994. \nmerafacta quae in meris faciendi finibus consistunt \n(meer-;l fak-td kwee in meer-is fay-shee~en-dI fin-d\n\nbas k;m-sis-tmt). [Latin] Hist. Mere acts consisting in \nbare performance. \nmera noctis (meer-a nok-tis), n. [Latin \"middle of the \nnight\"] Midnight. \nmercantile (mar-kan-teel or -tIl or -til), adj. (17c) Ofor \nrelating to merchants or trading; commercial <the mer\ncantile <\"\"to>,.,.,,> \nmercantile agent. See AGENT (2). \nmercantile law. See COMMERCIAL LAW (1). \nMercantile Law Amendment Acts. The Mercantile Law \nAmendment Act of 1856 (19 & 20 Vict., chs. 60, 97) \nand the Mercantile Law Amendment Act (Scotland) of \n1856, passed primarily to reconcile parts ofthe mercan\ntile laws of England, Scotland, and Ireland. \nmercantile paper. See commercial paper (1) under \nPAPER. \nmercative (mar-kay-tiv), adj. [fro Latin mercatum \"a \nmarket\"] Scots law. Belonging to trade. \nmercatum (mar-kay-tam), n. [Law Latin] A market; a \ncontract ofsale; a bargain. \nmercedary (mar-sa-der-ee), n. [Latin] An employer; one \nwho hires. \nmercenarius (mar-sa-nair-ee-as), n. [Latin) 1. An \nemployee; a servant. 2. A soldier of fortune. -Also \nspelled mercennarius. \nmercenary (mar-sa-ner-ee). (14c) Int'llaw. A profes\nsional soldier hired by someone other than his or her \nown government to fight in a foreign country. \nmercenlage (mar-san-law). [fro Saxon myrcnalag] The law \nof the Mercians . This was one of the three principal \nlegal systems prevailing in England at the beginning \nof the lith century. It was observed in many midland \ncounties and those bordering on Wales. -Also spelled \nmerchenlage (mar-sh.m-law), Also termed lex mercio\nrum (leks mar-shee-or-am); Mercian law (mar-shee-an \nor mar-shan). See DANELAW; WEST SAXON LAW. \n\"[Ajbout the beginning of the eleventh centtJry there were \nthree principal systems of laws prevailing in different \ndistricts .... The Mercen-Lage, or Mercian laws, which \nwere observed in many of the midland counties, and those \nbordering on the principality of Wales; the retreat of the \nancient Britons; and therefore very probably intermixed \nwith the British or Druidical customs.\" 1 William Blackstone, \nCommentaries on the Laws ofEngland 65 (1765). \nmerces (mar-seez), n. [Latin] Roman law. 1. An agreed \npayment for a thing or services specifically contracted \nfor; rent, hire. \n'There must be consent. a thing let, and an agreed payment \n(merces) .... The merces must be certain and Justinian's \ntexts say that, as in sale, it must be money. But there is not \nthe same difficulty here, and Gaius does not state such a \nrule. It is possible that it did not exist in claSSical law and. \neven under Justinian, some cases cannot be reconciled with \nthe rule. The rent of land might be in produce and even \na fraction of the crop. This last conflicts with the rule of \nGaius that it must be certain: it is held by some writers \nthat the text is interpolated, by others that the relation \nwas not really locatio conductiO, but societas (partnership). \nThe merceswas not usually a lump sum: more often itwas a series of periodical payments.\" WW. Buckland, A Manual \nof Roman Private Law 289-90 (2d ed. 1939). \n2. A reward, esp. for a gratuitous service. Cf. HONO\nRARIUM. \n\"A recompense paid for any kind of services, without a \npreceding agreement (e.g., for saving one's life) is also \ncalled merces.\" Adolf Berger, Encyclopedic Dictionary of \nRoman Law 581 (1953). \nmerchandise (m;lr-chan-dIZ also -dIS). (13c) 1. In general, \na movable object involved in trade or traffic; that which \nis passed from one person to another by purchase and \nsale. 2. In particular, that which is dealt in by mer\nchants; an article of trading or the class of objects in \nwhich trade is carried on by physical transfer; collec\ntively, mercantile goods, wares or commodities, or any \nsubjects ofregular trade, animate as well as inanimate. \n This definition generally excludes real estate, ships, \nintangibles such as software, and the like, and does not \napply to money, stocks, bonds, Dotes, or other mere \nrepresentatives or measures ofactual commodities or \nvalues. -Also termed (in senses 1 and 2) article ofmer\nchandise. 3. Purchase and sale; trade; dealing, \nor advantage from dealing. \nmerchandise broker. See BROKER. \nMerchandise Marks Acts. Hist. An 1887 statute (50 & 51 \nVict., ch. 28) making it a misdemeanor to fraudulently \nmark merchandise for sale or to sell merchandise so \nmarked. This statute was repealed in 1968. \nmerchant. (Be) One whose business is buying and selling \ngoods for profit; esp. a person or entity that holds itself \nout as having expertise peculiar to the goods in which \nit deals and is therefore held by the law to a higher \nstandard of expertise than that of a nonmerchant.  \nBecause the term relates solely to goods, a supplier of \nservices is not considered a merchant. [Cases: Sales (;::::c \n15.1.] \n\"The definition of 'merchant' in [UCCI Section 2-104(1) \nidentifies two separate but often interrelated criteria: Does \nthe seller 'deal in goods' of that kind, or does the seller \n'otherwise by his occupation' hold himself out as having \nspecial knowledge with respect to the goods? It should be \nemphasized that the drafters have placed these two criteria \nin the alternative by use of the word 'or.' Thus, the defini\ntion dearly catches all those who regularly sell inventory \neven though they may have no expertise regarding the \nparticular product. This would include distributors, whole\nsalers. and retail dealers, Dealers who sell prepackaged \ngoods containing a defect over which they have no control \nmight be surprised to learn that they have given an implied \nwarranty of merchantability with respect to the goods, but \nsuch is the law.\" Barkley Clark &Christopher Smith, The Law \nofProduct Warranties  5.02[1], at 5-25 (1984). \nmerchantable (m;lr-ch;mt-a-bal), adj. (15c) Fit for sale \nin the usual course oftrade at the usual selling prices; \nMARKETABLE. -Also termed salable. See implied \nwarranty of merchantability under WARRANTY (2). \n[Cases: Sales (;::::c272.] merchantability, n. \nmerchantable title. See marketable title under TITLE \n(2). \nmerchant appraiser. An expert appointed by a customs \nofficer to reexamine and revalue imported goods for \n\ncustoms purposes . lhe appraiser is usu. an experi\nenced merchant who deals in or has dealt in goods of \nthe character and quality ofthose at issue. An appraiser \nis appointed only when an importer requests one. \n[Cases: Customs Duties \nmerchant exception. (1973) Contracts. In a sale ofgoods, \nan exemption from the statute of frauds whereby a \ncontract between merchants is enforceable if, within a \nreasonable time after they reach an oral agreement, a \nwritten confirmation of the terms is sent, to which the \nrecipient does not object within ten days of receiving it. \n The only effect offailing to object to the written con\nfirmation is that the recipient will be precluded from \nrelying on the statute offrauds or the lack of a formal, \nwritten agreement as a defense to a breach-of-con\ntract claim. The party seeking to enforce an agreement \nmust still prove that an agreement was reached. UCC \n 2-201. [Cases: Frauds, Statute ofC=:> 127.J \nmerchant lessee. See LESSEE. \nmerchantman. Archaic. A vessel employed in foreign or \ninterstate commerce or in the merchant service. \nmerchant's accounts. Current, mutual accounts between \nmerchants showing debits and credits for merchan\ndise. \nmerchant's defense. (1972) The principle that a store \nowner will not be held liable for reasonably detaining \na suspected shoplifter, to facilitate an investigation by \na law-enforcement officer, if probable cause exists to \nsuspect the detained person of wrongfully removing \nmerchandise from the store. [Cases: False Imprison\nment 13.J \nmerchant seaman. See SEAMAN. \nmerchant's firm offer. See irrevocable offer under \nOFFER. \nMerchant Shipping Acts. English statutes to improve \nshipping conditions by, among other things, vesting \nthe supervision of merchant shipping in the board of \ntrade. \nmerchet (mar-chet). See MARCHET. \nmercheta. See MARCHET. \nmerchetnm. See MARCHET. \nmerciament (mar-see-,,-m;mt). Archaic. See AMERCE\nMENT. \nMercian law. See MERCENLAGE. \nMercimoniatus Angliae (m3r-s3-moh-nee-ay-t3s ang\nglee-ee). [Law Latin] Hist. English customs duties on \nmerchandise brought into the country. \nMercosur. A common market of South American nations \ncreated to facilitate free trade among members . The \nentity was created by the Treaty of Asuncion in 1991. \nThe charter nations were Argentina, Brazil, Paraguay, \nand Uruguay. Also termed Southern Common \nMarket. \nmercy. (13c) Compassionate treatment, as of criminal \noffenders or of those in distress; esp. imprisonment, rather than death, imposed as punishment for capital \nmurder. See CLEMENCY. \nmercy killing. See EUTHANASIA. \nmercy rule. (1981) Evidence. The principle that a defen\ndant is entitled to offer character evidence as a defense \nto a criminal charge . This type of evidence is often \noffered by the defendant's friends and relatives. Fed. R. \nEvid. 404(a)(1). [Cases: Criminal Law \nmere (mair or mer), n. [Law French) Mother, as in the \nphrase en ventre sa mere (\"in its mother's womb\"). \nmere-continuation doctrine. A principle under which \na successor corporation will be held liable for the acts \nof a predecessor corporation, if only one corporation \nremains after the transfer of assets, and both corpo\nrations share an identity of stock, shareholders, and \ndirectors. Also termed continuity-oi-entity doctrine. \nCf. SUBSTANTIAL-CONTINUITY DOCTRINE. [Cases: Cor\nporations C)445.L] \nmere-evidence rule. Criminal procedure. The former \ndoctrine that a search warrant allows seizure of the \ninstrumentalities of the crime (such as a murder \nweapon) or the fruits of the crime (such as stolen \ngoods), but does not permit the seizure of items that \nhave evidentiary value only (such as incriminating doc\numents). The Supreme Court has abolished this rule, \nand today warrants may be issued to search for and \nseize all evidence of a crime. Warden v. Hayden, 387 \nU.S. 294, 87 S.Ct. 1642 (1967); Fed"}
{"text": "7 \nU.S. 294, 87 S.Ct. 1642 (1967); Fed. R. Crim. P.41(b). \n[Cases: Searches and Seizures ~102.] \nmere license. See bare license under LICENSE. \nmere licensee. See bare licensee under LICENSEE. \nmere motu. See EX MERE MOTU. \nmere right. An abstract right in property, without pos\nsession or even the right ofpossession. Also termed \njus merum; merum jus; meer dreit. \n\"The mere right of property, the jus proprietatis, Without \neither possession or even the right of possession. This \nis frequently spoken of in our books under the name of \nthe mere right, jus merum; and the estate of the owner \nis in such cases said to be totally devested, and put to a \nright. A person in this situation may have the true ultimate \nproperty of the lands in himself: but by the intervention \nof certain Circumstances, either by his own negligence, \nthe solemn act of his ancestor, or the determination of \na court of justice, the presumptive evidence of that right \nis strongly in favour of his antagonist; who has thereby \nobtained the absolute right of possession .... The heir \ntherefore in this case has only a mere right, and must be \nstrictly held to the proof of it, in order to recover the lands.\" \n2 William Blackstone, Commentaries on the Laws ofEngland \n197-98 (1766). \nmerestone (meer-stohn). Archaic. A stone that marks \nland boundaries. -Also spelled mearstone. \nmeretricious (mer-3-trish-3s), adj. (17c) 1. Involv\ning prostitution <a meretricious encounter>. 2. (Of a \nromantic relationship) involving either unlawful sexual \nconnection or lack ofcapacity on the part ofone party \n<a meretricious marriage>. 3. Superficially attractive \nbut fake nonetheless; alluring by false show <meretri\ncious advertising claims>. \n\n1078 meretricious relationship \nmeretricious relationship. Archaic. A stable, marriage\nlike relationship in which the parties cohabit knowing \nthat a lawful marriage between them does not exist. \n[Cases: Marriage C=>54(1).] \nmergee (mar-jee). A participant in a corporate merger. \nmerger. (I8c) 1. The act or an instance of combining or \nuniting. 2. Contracts. The substitution of a superior \nform ofcontract for an inferior form, as when a written \ncontract supersedes all oral agreements and prior \nunderstandings. See INTEGRATION (2). [Cases: Con\ntracts C=>245.] \n\"Where two parties have made a simple contract for any \npurpose, and afterwards have entered into an identical \nengagement by deed, the simple contract is merged in the \ndeed and becomes extinct. This extinction of a lesser in a \nhigher security, like the extinction of a lesser in a greater \ninterest in lands, is called merger.\" William R. Anson, Prin\nciples of the Law of Contract 85 (Arthur L. Corbin ed., 3d \nAm. ed. 1919). \n3. Contracts. The replacement of a contractual duty \nor of a duty to compensate with a new duty between \nthe same parties, based on different operative facts, \nfor the same performance or for a performance dif\nfering only in liquidating a duty that was previously \nunliquidated. 4. Property. The absorption of a lesser \nestate into a greater estate when both become the same \nperson's property. Cf. SURRENDER (3). [Cases: Estates \nin Property C=> 10.] \n\"[Ilt would be absurd to allow a person to have two distinct \nestates, immediately expectant on each other, while one \nof them includes the time of both .... There would be an \nabsolute incompatibility in a person filling, at the same \ntime, the characters of tenant and reversioner in one and \nthe same estate; and hence the reasonableness, and even \nnecessity, of the doctrine of merger.\" 3 James Kent, Com\nmentaries on American Law *99 (George Comstock ed., \n11th ed. 1866). \n5. Criminal law. The absorption of a lesser included \noffense into a more serious offense when a person is \ncharged with both crimes, so that the person is not \nsubject to double jeopardy . For example, a defendant \ncannot be convicted of both attempt (or solicitation) \nand the completed crime -though merger does not \napply to conspiracy and the completed crime. -Also \ntermed merger ofoffenses. [Cases: Criminal Law C=> \n30.] 6. Civil procedure. The effect ofa judgment for the \nplaintiff, which absorbs any claim that was the subject \nofthe lawsuit into the judgment, so that the plaintiff's \nrights are confined to enforcing the judgment. Cf. BAR \n(5). [Cases: Judgment C=> 582.] 7. The joining of the \nprocedural aspects of law and equity. 8. The absorp\ntion ofone organization (esp. a corporation) that ceases \nto exist into another that retains its own name and \nidentity and acquires the assets and liabilities of the \nformer. Corporate mergers must conform to statutory \nformalities and usu. must be approved by a majority \nof the outstanding shares. -Also termed corporate \nmerger. Cf. CONSOLIDATION (4); BUYOUT. [Cases: Cor\nporations C=>581.] \nbust-up merger. A merger in which the acquiring \ncorporation sells off lines ofbusiness owned by the target corporation to repay the loans used in the \nacquisition. \ncash merger. A merger in which shareholders of the \ntarget company must accept cash for their shares. \nAlso termed cash-out merger; freeze-out merger. \n[Cases: Corporations C=>584.] \nconglomerate merger. A merger between unrelated \nbusinesses that are neither competitors nor custom\ners or suppliers of each other. [Cases: Antitrust and \nTrade Regulation C=>769.] \n\"A merger which is neither vertical nor horizontal is a con\nglomerate merger. A pure conglomerate merger is one in \nwhich there are no economic relationships between the \nacquiring and the acquired firm. Mixed conglomerate \nmergers involve horizontal or vertical relationships, such \nas the acquisition of a firm produCing the same product \nas the acquirer but selling it in a different geographical \nmarket, which is not a horizontal merger because the \nmerging companies are not competitors ....\" 54 Am. \nJur. 2d Monopolies, Restraints of Trade, and Unfair Trade \nPractices  169, at 226 (1996). \nde facto merger (di fak-toh). A transaction that has \nthe economic effect of a statutory merger but that is \ncast in the form of an acquisition or sale of assets \nor voting stock.  Although such a transaction does \nnot meet the statutory requirements for a merger, a \ncourt will generally treat it as a statutory merger for \npurposes ofthe appraisal remedy. [Cases: Corpora\ntions C=>445.1.] \ndownstream merger. A merger ofa parent corporation \ninto its subsidiary. \nforward triangular merger. See triangular merger. \nfreeze-out merger. See cash merger. \nhorizontal merger. A merger between two or more \nbusinesses that are on the same market level because \nthey manufacture similar products in the same geo\ngraphic region; a merger of direct competitors. \nAlso termed horizontal integration. \nproduct-extension merger. A merger in which the \nproducts of the acquired company are complemen\ntary to those of the acquiring company and may be \nproduced with similar facilities, marketed through the \nsame channels, and advertised by the same media. \nreverse triangular merger. A merger in which the \nacquiring corporation's subsidiary is absorbed into \nthe target corporation, which becomes a new sub\nsidiary ofthe acquiring corporation. -Also termed \nreverse subsidiary merger. \nshort-form merger. A statutory merger that is less \nexpensive and time-consuming than an ordinary \nstatutory merger, usu. permitted when a subsidiary \nmerges into a parent that already owns most of the \nsubsidiary's shares. Such a merger is generally \naccomplished when the parent adopts a merger reso\nlution, mails a copy of the plan to the subsidiary's \nrecord shareholders, and files the executed articles \nof merger with the secretary of state, who issues a \ncertificate ofmerger. \n\n1079 mesne \nstatutory merger. A merger provided by and conducted \naccording to statutory requirements. \nstock merger. A merger involving one company's \npurchase of another company's capital stock. \ntriangular merger. A merger in which the target cor\nporation is absorbed into the acquiring corporation's \nsubsidiary, with the target's shareholders receiving \nstock in the parent corporation. -Also termed sub\nsidiary merger;forward triangular merger. \nupstream merger. A merger of a subsidiary corpora\ntion into its parent. \nvertical merger. A merger between businesses occupy\ning different levels ofoperation for the same product, \nsuch as between a manufacturer and a retailer; a \nmerger ofbuyer and seller. \n9. The merger of rights and duties in the same person, \nresulting in the extinction of obligations; esp. the \nblending ofthe rights ofa creditor and debtor, resulting \nin the extinguishment ofthe creditor's right to collect \nthe debt. As originally developed in Roman law, a \nmerger resulted from the marriage of a debtor and \ncreditor, or when a debtor became the creditor's heir. \nAlso termed confusion; confusion ofdebts; confusion of \nrights. Cf. CONFUSION OF TITLES. 10. The absorption \nof a contract into a court order, so that an agreement \nbetween the parties (often a marital agreement incident \nto a divorce or separation) loses its separate identity as \nan enforceable contract when it is incorporated into a \ncourt order. \nmergerdause. See INTEGRATION CLAUSE. \nmerger doctrine. 1. Copyright. The principle that since \nan idea cannot be copyrighted, neither can an expres\nsion that must inevitably be used in order to express \nthe idea. _ When the idea and expression are very dif\nficult to separate, they are said to merge. For example, \ncourts have refused copyright protection for business\nledger forms (Baker v. Selden, 101 U.S. 99 (1879)), and \nfor contest rules that were copied almost verbatim \n(Morrissey v. Procter & Gamble, 379 F.2d 67S (1st Cir. \n1967). -Also termed Baker v. Selden doctrine. [Cases: \nCopyrights and Intellectual Property <8=::4.5.] 2. Hist. \nFamily law. The common-law principle that, upon \nmarriage, the husband and wife combined to form \none legal entity. -Often shortened to merger; merger \ndoctrine. See SPOUSAL-UNITY DOCTRINE; LEGAL-UNI\nTIES DOCTRINE. \nmerger ofoffenses. See MERGER (5). \nmeritorious (mer-<>-tor-ee-<>s), adj. (lSc) 1. (Of an act, \netc.) meriting esteem or reward <meritorious trial per\nformance>. 2. (Ofa case, etc.) meriting a legal victory; \nhaving legal worth <meritorious claim>. \nmeritorious consideration. See good consideration \nunder CONSIDERATION (1). \nmeritorious defense. See DEFENSE (1). \nmerit regulation. Under state blue-sky laws, the practice \nof requiring securities offerings not only to be accompanied by a full and adequate disclosure but also to be \nsubstantively fair, just, and equitable. \nmerits. (18c) 1. The elements or grounds of a claim or \ndefense; the substantive considerations to be taken \ninto account in deciding a case, as opposed to extra\nneous or technical points, esp. of procedure <trial on \nthe merits>. 2. EQUITY (3) <on questions ofeuthanasia, \nthe Supreme Court has begun to concern itself with the \nmerits as well as the law>. \nmerits brief. See briefon the merits under BRIEF. \nmerits discovery. See DISCOVERY. \nmerit system. (1879) The practice ofhiring and promot\ning employees, esp. government employees, based on \ntheir competence rather than political favoritism. Cf. \nSPOILS SYSTEM. [Cases: Officers and Public Employees \n11.] \nMerit Systems Protection Board. The independent \nfederal agency that oversees personnel practices of \nthe federal government and hears and decides appeals \nfrom adverse personnel actions taken against federal \nemployees. It has five regional offices and five field \noffices. Its functions were transferred from the former \nCivil Service Commission under Reorganization Plan \nNo.2 of1978. Abbr. MSPB. See CIVIL SERVICE COM\nMISSION. [Cases: Officers and Public Employees <8=:: \n72.20.] \nMERP. abbr. Medical-expense reimbursement plan. See \nEMPLOYEE BENEFIT PLAN. \nMerrill doctrine. The principle that the government \ncannot be estopped from disavowing an agent's unau\nthorized act. Federal Crop Ins. Corp. v. Merrill, 332 U.S. \n380,68 S.Ct. 1 (1947). [Cases: Estoppel <8=::62; United \nStates <8=::60.] \nmerum (meer-<>m). [Latin] Hist. Mere; naked. \nmerum jus (meer-3m j3S). See MERE RIGHT. \nmerx (m<>rks). [Latin] Hist. Trade articles; merchan\ndise. \nmerx et pretium (marks et pree-shee-<>m). [Law Latin] \nRoman & Scots law. Goods and a price . These compo\nnents are two essential items for a sales contract. \nmescreaunt (mes-kree-awnt or mis-kree-<>nt). [Law \nFrench] Hist. MISCREANT. -Also termed mescroy\nant. \nmese (meez or mees), n. [Law French] Hist. A house. \nAlso spelled mees; meas. \nmesnalty (meen-<>l-tee), n. [fro Law French and English \nmesne \"middle\") Hist. l. The estate or manor held by \na mesne lord. 2. The right of the mesne; the tenure of \nthe mesne lord. -Also spelled mesnality. See MESNE \nLORD. \nmesne ("}
{"text": "tenure of \nthe mesne lord. -Also spelled mesnality. See MESNE \nLORD. \nmesne (meen), adj. (l6c) 1. Occupying a middle position; \nintermediate or intervening, esp. in time ofoccurrence \nor performance <the mesne encumbrance has priority \nover the third mortgage, but is subordinate to the first \nmortgage>. 2. Hist. Of or relating to a lord who holds \nland ofa superior while himself having a tenant. \n\nmesne, writ of 1080 \nmesne, writ of. See DE MEDIO. \nmesne agreement. A transfer of intellectual-property \nrights through an intermediary, usu. an assignee, rather \nthan directly from the property's creator. \nmesne assignment. See ASSIGNMENT (2). \nmesne conveyance. See CONVEYANCE. \nmesne encumbrance. See ENCUMBRANCE. \nmesne lord. Hist. A feudal lord who stood between a \ntenant and the chieflord, and held land from a superior \nlord. See LORD (3). \nmesne process. See PROCESS. \nmesne profits. See PROFIT (1). \nmesonomic (mes-;)-nom-ik also mee-z;)), adj. Of, relating \nto, or involving an act that, although it does not affect a \nperson's physical freedom, has legal consequences in its \nevolution. This term was coined by the philosopher \nAlbert Kocourek in his book Jural Relations (1927). Cf. \nZYGNOMIC. \nmessage. (14c) A written or oral communication, often \nsent through a messenger or other agent, or electroni\ncally (e.g., through e-mail or voicemail). \nannual message. A message from the President or a \ngovernor given at the opening of an annuallegisla\ntive session. \nPresidential message. A communication from the \nPresident to the U.S. Congress on matters pertain\ning to the state ofthe union, esp. ofmatters requiring \nlegislative consideration. U.S. Const. art. II,  3. \nAlso termed State ofthe Union. [Cases: United States \nC:=>26.] \nspecial message. A message from the President or a \ngovernor relating to a particular matter. \nveto message. See VETO MESSAGE. \nmessage from the Crown. An official communication \nfrom the sovereign to Parliament. \nmessarius (m;)-sair-ee-;)s), n. [fr. Latin messis] Hist. A \nchief servant; a bailiff; an overseer of the harvest. \nmessenger. (14c) 1. One who conveys a communication; \nesp. one employed to deliver telegrams or other com\nmunications. 2. Hist. An officer who performs certain \nministerial duties, such as taking temporary charge of \nassets ofan insolvent estate. \nmessuage (mes-wij). (14c) A dwelling house together \nwith the curtilage, including any outbuildings. See \nCURTILAGE. \nmeta (mee-t;)), n. [Latin] 1. Roman law. The mark where \na racecourse ends or around which chariots turn; by \nextension, a limit in space or time. 2. Hist. A boundary; \na border. \nmetadata. Secondary data that organize, manage, and \nfacilitate the use and understanding ofprimary data. \nMetadata are evaluated when conducting and respond\ning to electronic discovery. Ifprivileged documents or \nfinal versions ofcomputer files may contain metadata, \nthey might be \"scrubbed\" before release. See Fed. R. Civ. P. 26(b)(2)(B). [Cases: Federal Civil Procedure C:=> \n1581.] \nmetalaw (met-;)-law). (1956) A hypothetical set oflegal \nprinciples based on the rules of existing legal systems \nand designed to provide a framework ofagreement for \nthese different systems. \n\"[Tlhe Constitution controls the deployment of governmen\ntal power and defines the rules for how such power may \nbe structured and applied. The Constitution, therefore, \nis not a body of rules about ordinary private actions, but \na collection of rules about the rules and uses of law: in a \nword, metalaw.\" Laurence H. Tribe, Constitutional Choices \n246 (1985). \nmetallum (m;)-tal-;)m), n. Roman law. 1. Metal; a mine. \n2. Labor in the mines as punishment for a crime . \nThis was one of the most severe punishments short of \ndeath. \nmetatag. A word or phrase in HTML computer code that \nusu. identifies the subject of a web page and acts as a \nhidden keyword for Internet search engines . A person \nwho uses a trademark as a meta tag without permission \nmay infringe on the trademark owner's rights. \nmetatus (m;)-tay-t;)s), n. [Law Latin] Hist. A dwelling; \nquarters; a seat. \nmetayer system (me-tay-pr or met-;)-yay). An agricul\ntural system in which land is divided into small farms \namong single families who pay a landlord a fixed \nportion -usu. half -ofthe produce and the landlord \nprovides the stock.  The system was formerly prevalent \nin parts of France and Italy, and in the southern part of \nthe United States. -Also written metayer system. \nmetecorn (meet-korn). Archaic. A portion ofgrain a lord \npays a tenant for labor. \nmetegavel (meet-gav-;)l). Archaic. A rent or tribute paid \nin supplies offood. \nmetelotage (me-te-loh-tahzh). [French] 1. French law. \nThe leasing ofa ship. 2. A seaman's wages. \nmete out, vb. (bef. lSc) To dispense or measure out \n(justice, punishment, etc.) <shortly after the jury \nreturned its verdict, the judge meted out an appropri\nate punishment>. \nmeter. 1. A metric unit oflength equal to 39.368 inches. \n2. An instrument of measurement used to measure \nuse or consumption, esp. used by a utility company to \nmeasure utility consumption <a gas meter> <a water \nmeter> <a parking meter>. \nmeter rate. A rate that a utility company applies to deter\nmine a charge for service <meter rate based on kilo\nwatt-hours of electricity>. \nmetes and bounds (meets). (lSc) The territorial limits \nof real property as measured by distances and angles \nfrom designated landmarks and in relation to adjoin\ning properties . Metes and bounds are usu. described \nin deeds and surveys to establish the boundary lines \nofland. -Also termed running description; butts and \nbounds; lines and corners. See CALL (5). [Cases: Bound\naries C:=>6-8.] \n\n1081 \nmetewand (meet-wahnd). Archaic. A measuring staff of \nvarying lengths. \nmeteyard (meet-yahrd). Archaic. A metewand that is \none yard long. \nmethod. (15c) A mode oforganizing, operating, or per\nforming something, esp. to achieve a goal <method of \nelection> <method ofperforming a job>. \nmethod claim. See PATENT CLAIM. \nmethod patent. See PATENT (3). \nmetric system. (1864) A decimal system for measuring \nlength, weight, area, or volume, based on the meter as \na unit length and the kilogram as a unit mass. \nmetropolitan, adj. (14c) Of or relating to a city or \nmetropolis. \nmetropolitan, n. Eccles. law. An archbishop; the head \nofa province <the Archbishop ofCanterbury is a met\nropolitan>. \nmetropolitan council. An official or quaSi-official body \nappointed or elected by voters ofa metropolitan area \nto provide for the unified administration of services \n(such as sewage disposal or public transportation) to \nthe cities and towns within the metropolitan area. \n[Cases: Municipal Corporations <>::)39.J \nmetropolitan district. See DISTRICT. \nmetropolitan magistrate. See metropolitan stipendiary \nmagistrate under MAGISTRATE. \nmetteshep (meet-sh;lp). Hist. 1. An acknowledgment \npaid in a measure of corn. 2. A penalty imposed on \na tenant for neglect of duty, such as failing to cut the \nlord's corn. -Also spelled mettenschep. \nmetus (mee-t;ls), n. [Latin] Roman law. 1. Fear of \nimminent danger; apprehension ofserious danger, esp. \nin the form ofduress to force a person to do something; \nthe use ofthreats to bring about some end. Metus was \nmore comprehensive than duress is in Anglo-American \nlaw. It included fear ofany evil that was serious enough \nto affect a reasonable person. \n\"Fear (metus) had the same effect as fraud as regards the \navoidance of the contract. It might be set up by way of \ndefence (exceptio metus) or be the ground of restitutio in \nintegrum, or give rise to an action (actio metus) .... It was \nnot any kind of fear which grounded this action. The evil \nthreatened must be of a serious character ... ,\" R.w. Lee, \nThe Elements of Roman Law 352 (4th ed. 1956). \n2. A threat that diminishes the value of another's \nproperty. In both senses, a victim was allowed to seek \nfourfold damages against the perpetrator. Cf. DOLUS. \nmetusperjurii (mee-t;ls p;lr-juur-ee-I). [Law Latin] Scots \nlaw. Ihe fear ofperjury. \n\"On this ground the evidence of the parties to a cause, and \nthat of their relatives, was formerly excluded. It was feared \nthat their own, or their relatives', interest in the result of \nthe cause might lead them to give false evidence, in order \nto bring about a favourable decision. This, however, is no \nlonger law. The desire to obtain all the light possible on \nthe facts in dispute, has overcome the metus perjurii.\" John \nTrayner, Trayner's Latin Maxims 353-54 (4th ed. 1894). midnight deadline \nmeubles (muu-bal or myoo-bla), n. [Law French] \nMovables, such as household utensils. See MOVABLE. \nMexican divorce, See DIVORCE. \nMFN. abbr. MOST FAVORED NATION. \nMFN clause. See MOST-FAVORED-NATION CI.AUSE. \nMFN treatment. abbr. MOST-FAVOR ED-NATION TREAT\nMENT. \nMichaelmas. See quarter day under DAY. \nMichaelmas sittings (mik-al-m;ls). In England, a term \nofcourt running from November 2 to November 25 . \nUntil 1875, this was also called the Michaelmas term. \nIbe division ofthe legal year into terms was abolished \nby the Judicature Act of1873. Also termed Michael\nmas term. Cf. EASTER SITTINGS; HILARY SITTINGS; \nTRDllTY SITTINGS. \nmiche (mich), vb. Hist. To hide; to sneak; to play truant. \nAlso spelled mitch. \nmichery (mich-;lr-ee). Hist. Theft; cheating. \nMidcal test. Antitrust. The doctrine that the anticom\npetitive acts ofa private party will be considered state \nacts and thereby protected from liability under the \nantitrust laws ifthe acts are within a clearly articu\nlated and affirmatively expressed policy ofthe state, and \nifthe conduct is actively supervised by the state. Cali\nfornia Retail Liquor Dealers Ass'n v. Midcal Aluminum, \nInc., 445 U.S. 97, 100 S.Ct. 937 (1980). See STATE-ACTION \nDOCTRINE; ACTIVE SUPERVISION. [Cases: Antitrust and \nTrade Regulation C==904,j \nmid-channel. See MIDDLE LINE 01:' MAD! CHANNEL. \nmiddle burden ofproof. See BURDEN OF PROOF. \nmiddle-level scrutiny. See INTERMEDIATE SCRUTINY. \nmiddle line of main channel. The equidistant point in \nthe main channel ofthe river between the well-defined \nbanks on either shore; the middle thread of a river's \ncurrent. -Also termed mid-channel; middle ofthe \nriver. \nmiddleman. (17c) An intermediary or agent between two \nparties; esp. a dealer (such as a wholesaler) who buys \nfrom producers and sells to retailers or consumers. \nmiddle management. See MANAGEMENT. \nmiddle of the river. See MIDDLE LINE OF MAIN \nCHANNEL. \nmiddle-of-the-road test. See HYDRA FLOW TEST. \nmiddle thread. Ihe center line of something; esp. an \nimaginary line drawn lengthwise through the middle \nof a stream's current. \nmid-level scrutiny. See INTERMEDIATE SCRUTINY. \nmidnight deadline. A time limit for doing something, \nending at midnight on a particular day. For a bank, \nthe midnight deadline is midnight on the next banking \nday following the day on which the bank receives the \nrelevant item or from which the time for taking action \nbegins to run, whichever is later. UCC  4-104{a)(1O). \n[Cases: Banks and Banking C=)140(3), 171(5),] \n\n1082 midnight judge \nmidnight judge. His/. A federal judicial nominee \nappointed by President John Adams just before his \nterm expired, in an effort to pack the judiciary with \nFederalist Party sympathizers . The Judiciary Act of \n1801, passed and signed into law a few weeks before \nAdams's term expired, led to the appointment of 84 \nfederal judges and countless marshals, clerks, attor~ \nneys, registers of wills, and justices ofthe peace, all of \nwhom were affiliated with the Federalists. The Senate \napproved nominations and granted commissions up \nuntil its final adjournment just before Thomas Jeffer\nson's inauguration. More than halfofthe commissions \nhad not been delivered by the end ofinauguration day. \nSecretary ofState James Madison, acting at Jefferson's \ndirection, barred their delivery and treated them as \nvoid. This led William Marbury to seek a federal court \norder to compel Madison to deliver Marbury's commis\nsion as justice of the peace. See Marbury v. Madison,S \nU.S. 137 (1803). \nmidshipman. (l7c) A naval cadet; a student at the U.S. \nNaval Academy. lCases:"}
{"text": "midshipman. (l7c) A naval cadet; a student at the U.S. \nNaval Academy. lCases: Armed Services C=>16.J \nMidsummer Day. See quarter day under DAY. \nmidway. See THALWEG. \nMidwest Piping rule. Labor law. The doctrine that an \nemployer may not recognize multiple unions during a \nperiod in which there are conflicting claims of repre\nsentation. Midwest Piping & Supply Co., 63 NLRB Dec. \n(CCH) 1060 (1945). \nmigrant worker. l. Int'llaw. A person who works sea\nsonally as an agricultural laborer in a foreign country, \nesp. in agricultural labor. [Cases: Labor and Employ\nment C=>2700.] 2. A person who works seasonally as a \nlaborer in a different part ofhis or her own country. \nmigration. (l7c) Movement (of people or animals) from \none country or region to another. \nmigratory corporation. See CORPORATION. \nmigratory divorce. See DIVORCE. \nMike O'Connor rule. Labor law. The doctrine that uni\nlateral changes that an employer makes after a union \nvictory in an initial-representation election -but \nbefore the employer's objections have been resolved \nare automatic violations of the National Labor Rela\ntions Act if the employer's objections are rejected . If \nthe employer's objections are sustained, any failure-to\nbargain charge will be dismissed because the employer \nhad no duty to bargain. But ifthe employer's objections \nare rejected, the employer is considered to have been \nunder a duty to bargain as of the date ofthe election, \nwhich is why the unilateral changes are automatic vio\nlations of the Act. Mike O'Connor Chevrolet-Buick\nGMC Co., 209 NLRB Dec. (CCH) 701 (1974). \nmild exigency. (1984) A circumstance that justifies a \nlaw-enforcement officer's departure from the knock\nand-announce rule, such as the likelihood that the \nbuilding's occupants will try to escape, resist arrest, or \ndestroy evidence. See KNOCK-AND-ANNOUNCE RULE. mile. (bef. 12c) 1. A measure ofdistance equal to 5,280 \nfeet. Also termed statute mile. 2. NAUTICAL MILE. \nmileage. (18c) 1. The distance in miles between two \npoints. 2.lhe distance a vehicle has traveled as reflected \nby an odometer. 3. An allowance paid for travel \nexpenses, as of a witness or public employee. [Cases: \nWitnesses \nmiles (ml-leez), n. [Latinll. Roman law. A soldier. 2. \nHist. A knight. \nmilitare (mil-a-tair-ee), vb. [LatinJ 1. Roman law. To \nserve as a soldier . This verb later referred to serving in \npublic office, civil or military. 2. Hist. To be knighted. \nmilitary, adj. (15c) 1. Ofor relating to the armed forces \n<military base>. 2. Of or relating to war <military \naction>. \nmilitary, n. (l8c) The armed forces. \nmilitary allotment. Family law. A child-support deduc\ntion from the salary ofan obligor parent on active duty in \nthe United States military and paid to the obligee parent. \nSee attachment ofwages under ATTACHMENT (1). \nmilitary board. A group of persons appointed to act \nas a fact-finding agency or as an advisory body to the \nappointing military authority. \nmilitary bounty land. Land offered to members of the \nmilitary as a reward for services. See donation land, \nbounty land under LAND; BOUNTY-LAND WARRANT. \n[Cases: Bounties \nmilitary commission. A court, usu. composed of both \ncivilians and military officers, that is modeled after a \ncourt-martial and that tries and decides cases concern\ning martial-law-violations. See COURT-MARTIAL. \nmilitary-contract defense. See GOVERNME;:'[T-CONTRAC\nTOR DEFENSE. \nmilitary-contractor defense. See GOVERNMENT-CON\nTRACTOR DEFENSE. \nmilitary court. See COURT. \nmilitary court ofinquiry. See COURT. \nmilitary draft. See DRAFT (2). \nmilitary government. Int'llaw. The control ofall or most \npublic functions within a country, or the assumption \nand exercise of governmental functions, by military \nforces or individual members of those forces; govern\nment exercised by a military commander under the \ndirection of the executive or sovereign, either exter\nnally during a foreign war or internally during a civil \nwar. A military government's actions supersede all \nlocal law. See MARTIAL LAW. \nmilitary judge. See JUDGE. \nmilitary judge alone. Military law. A court-martial \npresided over by a single judge with no other court\nmartial members present. [Cases: Military Justice \n874.] \nmilitary jurisdiction. The three types ofgovernmental \npower given the military by the U.S. Constitution \nspecif., jurisdiction under military law, jurisdiction \n\n1083 \nunder military government, and jurisdiction under \nmartial law. [Cases: Armed Services 1-5, 44; \nMilitary Justice 893.] \nmilitary justice. A structure of punitive measures \ndesigned to foster order, morale, and discipline within \nthe military. See MILITARY LAW. [Cases: Armed Services \n<8='42; Military Justice (;:='500-510.] \nmilitarylaw. The branch of public law governing military \ndiscipline and other rules regarding service in the \narmed forces . It is exercised both in peacetime and in \nwar, is recognized by civil courts, and includes rules far \nbroader than for the punishment ofoffenders. Also \ntermed military justice. -Sometimes loosely termed \nmartial law. Cf. MARTIAL LAW. \n\"Military Law. . is largely, but not exclUSively, statutory \nin character, and prescribes the rights of, and imposes \nduties and obligations upon, the several classes of persons \ncomposing its military establishment; it creates military \ntribunals, endows them with appropriate jurisdiction and \nregulates their procedure; it also defines military offenses \nand, by the imposition of adequate penalties, endeavors to \nprevent their occurrence.\" George B. Davis, A Treatise on \nthe Military Law of the United States 1 (3d ed. 1915). \nmilitary leave. A policy contained in employment \npolicies or collective-bargaining agreements allowing \na long-term leave of absence without an accompany\ning loss of benefits -for a person in active service in \nthe u.s. armed forces. \nmilitary necessity. Int'llaw. A principle of warfare \nallOWing coercive force to achieve a desired end, as \nlong as the force used is not more than is called for by \nthe situation . This principle dates from the Hague \nConvention on Laws and Customs ofWar on Land of \nOctober 18, 1907, which prohibits the destruction or \nseizure of enemy property \"unless such destruction or \nseizure be imperatively demanded by the necessities of \nwar. [Cases: War and National Emergency \nmilitary objective. Int'l law. An object that by its nature, \nlocation, or use contributes to military action, and is \nthus susceptible to attack.  Under Geneva Conven\ntion Protocol 1 (1977), only military -rather than \ncivilian -objects are proper targets. \nmilitary offense. An offense, such as desertion, that lies \nwithin the jurisdiction ofa military court. See COURT\nMARTIAL [Cases: Armed Services Military \nJustice <:>550-789.J \nmilitary officer. See OFFICER (2). \nMilitary Rules ofEvidence. The rules of evidence appli\ncable to military law and courts-martial. -Abbr. MRE. \n[Cases: Military Justice <:> 1020-1152.] \nmilitary tenure. See TENURE. \nmilitary testament. See soldier's will under WILL. \nmilitate (mil-d-tayt), vb. (16c) To exert a strong influence \n<the evidence ofpolice impropriety militates against a \nconviction>. Cf. MITIGATE. \nmilites (mil-d-teez), n. 1. Roman law. Members of the \nmilitary; soldiers. 2. Hist. Knights who are part of the \nroyal army, by virtue offeudal tenure. Miller v. Shugart agreement \n\"[Knightsl are also called in our law milites, because they \nformed a part of the royal army, in virtue of their feodal \ntenures; one condition of which was, that everyone who \nheld a knight's fee immediately under the crown ... was \nobliged to be knighted and attend the king in his wars, or \nfine for his noncompliance.\" 1 William Blackstone. Com \nmentaries on the Laws ofEngland 404 (1765). \n3. Scots law. Freeholders holding estates from barons \nfor military service. \nmilitia (md-lisb-a), n. (16c) 1. A body of citizens armed \nand trained, esp. by a state, for military service apart \nfrom the regular armed forces . The Constitution rec\nognizes a state's right to form a \"well-regulated militia\" \nbut also grants Congress the power to activate, organize, \nand govern a federal militia. U.S. Canst. amend. II; \nU.S. Const. art. I,  8, cl. 15-16. See NATIONAL GUARD. \n[Cases: Militia <:> 1-3; Weapons \nreserve militia. All persons who are not exempt from \nmilitary service and not actively serving in the armed \nforces or national guard. \n2. Roman law. Military service. \nMilitia Clause. (1918) One of two clauses of the U.S. \nConstitution giving Congress the power to call forth, \narm, and maintain a military force to enforce compli\nance with its laws, suppress insurrections, and repel \ninvasions. U.S. Const. art. I,  8, cls. 15 and 16. [Cases: \nArmed Services 5; Militia \nmilL (bef. 12c) 1. A machine that grinds corn, grain, \nor other substances, esp. using a wheel and circular \nmotion. The substance ground in a mill is sometimes \ncalled grist, esp. when it is a grain. Courts sometimes \nrefer to the grinding process as a metaphor for the \njudicial process <suits to collect on promissory notes \nare grist for the summary-judgment mill because the \nmaterial facts in such cases are often undisputed>. \n[Cases: Manufactures 2. The building in which \nthe grinding is performed, along with the site, dam, \nor other items connected with the mill. 3. A monetary \nunit equal to one-tenth of a cent . Mills are a money \nof account used in the United States and Canada, esp. \nto reckon tax rates. \nmillage rate. See MIn RATE. \nMiller Act. A federal law requiring the posting of per\nformance and payment bonds before an award is made \nfor a contract for construction, alteration, or repair of \na public work or building. 40 USCA  270a-270d-l. \n[Cases: United States <:>67.] \nMiller trust. See TRUST. \nMiller-Tydings Act. A federal law, enacted in 1937 as \nan amendment to the Sherman Act, exempting fair\ntrade laws from the application of the Sherman Act \nand legalizing resale-price-maintenance agreements \nbetween producers and retailers of products . The Act \nwas repealed by the Consumer Goods Pricing Act of \n1975. \nMiller v. Shugart agreement. A settlement in which an \ninsured consents to a judgment in favor of the plain\ntiff, on the condition that the plaintiff will satisfy the \n\n1084 milling in transit \njudgment only out of proceeds from the insured's \npolicy, and will not seek recovery against the insured \npersonally . Although the phrase takes its name from \na Minnesota case, it is used in other jurisdictions as \nwell. Miller v. Shugart, 316 N.w.2d 729 (Minn. 1982). \n[Cases: Insurance C:=>3366.] \nmilling in transit. An arrangement in which a shipment \nis temporarily detained at an intermediate point, usu. \nfor the application of some manufacturing process, \nwith or without an increase of a freight charge by the \ncarrier. [Cases: Carriers C:=> 12(2), 13(2).] \nmill power. A unit of water power used in defining quan\ntities and weights of water available to a lessee. [Cases: \nWaters and Water Courses C:=>28S.] \nmill privilege. The right ofa mill-site owner to construct \na mill and to use power from a stream to operate it, \nwith due regard to the rights ofother owners along the \nstream's path. [Cases: Manufactures C:=>2.] \nmill rate. A tax applied to real property whereby each \nmill represents $1 of tax assessment per $1,000 of the \nproperty's assessed value <the mill rate for taxes in this \ncounty is 10 mills, so for a home valued at $100,000, \nthe owner will pay $1,000 in property taxes>. -Also \ntermed millage rate. [Cases: Taxation C:=>2428.] \nmill site. 1. A small tract of land on or contiguous to a \nwatercourse, suitable for the erection and operation of \na mill. [Cases: Manufactures C:=>2.] 2. Mining law. A \nsmall parcel of nonmineral public land (not exceed\ning five acres) claimed and occupied by an owner of \na mining claim because the extra space is needed for \nmining or ore-reduction operations. 30 USCA  42. \nMimms order. (1993) A police officer's command for a \nmotorist to get out of the vehicle . A Mimms order \nneed not be independently justified if the initial stop \nwas lawful. Pennsylvania v. Mimms, 434 U.S. 106, 98 \nS.Ct. 330 (1977). [Cases: Automobiles C:=>349(16).] \nmina (mI-nJ), n. [Law Latin] Hist. A measure of grain \nor corn. \nminage (mI"}
{"text": "mI-nJ), n. [Law Latin] Hist. A measure of grain \nor corn. \nminage (mI-nij), n. [Law French] Hist. A toll for selling \ngrain or corn by the mina. \nminare (mi-nair-ee), vb. [Law Latin] Hist. To mine. \nmind. (bef. 12c) 1. The source of thought and intellect; \nthe seat ofmental faculties. 2. The ability to will, direct, \nor assent. -Also termed sound mind. 3. Memory. \nmind and memory. Archaic. A testator's mental capacity \nto make a will <she argued that her uncle was not of \nsound mind and memory when executing the will \nbecause he had Alzheimer's disease> . This phrase was \ngenerally used as part ofthe phrase ofsound mind and \nmemory, referring to the capacity ofa testator to make \na will. See BONA MEMORIA; CAPACITY (2). \nmine. (l4c) 1. An underground excavation used to \nobtain minerals, ores, or other substances. 2. A mineral \ndeposit; a place containing a mineral deposit. \nmineral, n. (ISc) 1. Any natural inorganic matter that \nhas a definite chemical composition and specific \nphysical properties that give it value <most minerals are crystalline solids>. [Cases: Mines and Minerals \nC:=>48.] 2. A subsurface material that is explored for, \nmined, and exploited for its useful properties and com\nmercial value. 3. Any natural material that is defined \nas a mineral by statute or caselaw. \nmineral acre. Oil & gas. The full mineral interest in one \nacre ofland. [Cases: Mines and Minerals C:=>47.] \nmineral deed. See DEED. \nmineral district. See DISTRICT. \nmineral easement. See EASEMENT. \nmineral entry. (1882) The right of entry on public land \nto mine valuable mineral deposits. [Cases: Mines and \nMinerals C:=>9-38.] \n\"It is the policy of the United States, as expressed in Acts \nof Congress, to make public lands available to the people \nfor the purpose of mining valuable mineral deposits, and \nto encourage exploration for, and development of, mineral \nresources on public lands. Accordingly, the United States \nhas reserved all lands 'valuable for minerals' ... from \ndisposition under the nonmineral statutes, and has made \nthem open to entry for mining purposes, under regulations \nprescribed by law .... In other words ... where statute \nauthorizes the Federal Government to acquire lands, \nwithout indicating that lands are to be acquired for a par \nticular purpose, lands so acquired are public lands subject \nto mineral entry.\" 53A Am. Jur. 2d Mines and Minerals  23, \nat 274 (1996). \nmineral interest. Oil & gas. The right to search for, \ndevelop, and remove minerals from land or to receive a \nroyalty based on the production ofminerals . Mineral \ninterests are granted by an oil-and-gas lease. -Also \ntermed mineral right. See FEE INTEREST; SUBSURFACE \nINTEREST; SURFACE INTEREST. [Cases: Mines and \nMinerals C:=>47, 62.1, 73.1.] \nmineral land. See LAND. \nmineral lease. See LEASE. \nmineral lode. (1870) A mineral bed ofrock with definite \nboundaries in a general mass ofa mountain; any belt of \nmineralized rock lying within boundaries that clearly \nseparate it from neighboring rock. -Also termed \nlode. \n\"Typically, a lode is a concentration ofvaluable mineral with \nboundaries sufficiently distinct to import such a definite \ntrend, continuity, and apartness to the formation that it can \nbe traced through the enclosing mass of rock.\" 1 American \nLaw ofMining  32.02(2), at 32-7 (2d ed. 1998). \nmineral right. See MINERAL INTEREST. \nmineral royalty. See ROYALTY (2). \nmineral servitude. See SERVITUDE (2). \nMinerals Management Service. A unit in the U.S. \nDepartment of the Interior responsible for entering \ninto and managing leases for the recovery of minerals \non the outer continental shelf and for collecting and \ndistributing royalty and other payments due the U.S. \nand Indian tribes from mineral production. [Cases: \nMines and Minerals C:=>S.I(I).] \nminerator (min-Jr-ay-tJr). [Law Latin] A miner. \nminer's inch. A measurement of water discharge, \nequaling nine-gallons per minute from a one-inch \n\n1085 mining partnership \nsquare pipe. -The precise measurement of a miner's \ninch varies in different localities. \nMine Safety and Health Administration. A unit in \nthe U.S. Department ofLabor responsible for prevent\ning mine accidents and occupational diseases in the \nnation's mining industry. -It sets mandatory safety \nand health standards, assesses fines for their viola\ntion, and investigates mine accidents. Its programs are \noperated through regional administrators located in \nthe nation's mining regions. -Abbr. MSHA. [Cases: \nLabor and Employment (>=2634.J \nminimal contacts. See MINIMUM CONTACTS. \nminimalist retributivism. See RETRIBUTIVISM. \nminimal participant. (1987) Criminal law. Under the \nfederal sentencing guidelines, a defendant who is \namong the least culpable ofa group ofcriminal actors, \nas when the defendant does not understand the scope \nor structure ofthe criminal enterprise or the actions \nofthe other members ofthe group. -The offense level \nfor a crime ofa minimal participant can be decreased \nby four levels. U.S. Sentencing Guidelines Manual \n 3B1.2(a). Cf. MINOR PARTICIPANT. [Cases: Sentenc\ning and Punishment <>=764.J \nminimal scrutiny. See RATIONAL-BASIS TEST. \nmini-maxi, n. An underwriting arrangement for a \nsecurities transaction, whereby a broker is required to \nsell the minimum number of securities on an all-or\nnone basis and the balance on a best-efforts basis. See \nUNDERWRITING (2). \nminiment (min-a-m;mt). See ML'NIMENT. \nmini-Miranda requirement. Debtor-creditor law. A \ndebt collector's obligation when communicating with \na debtor to inform the debtor that (1) the communica\ntion is from a debt collector seeking to collect a debt \nand (2) any information received will be used for that \npurpose. This disclosure is required by the Fair Debt \nCollection Practices Act. [Cases: Antitrust and Trade \nRegulation \nminimization requirement. (1972) Criminal law. The \nmandate that police officers acting under an eavesdrop\nping warrant must use the wiretap in a way that will \nintercept the fewest possible conversations that are not \nsubject to the warrant. [Cases: Telecommunications \n<>='1473.] \nminimum, adj. (17c) Of, relating to, or constituting the \nsmallest acceptable or possible quantity in a given case \n<minimum charge to a customer ofa public utility>. \nminimum contacts. (1945) A nonresident defendant's \nforum-state connections, such as business activity or \nactions foreseeably leading to business activity, that \nare substantial enough to bring the defendant within \nthe forum-state court's personal jurisdiction without \noffending traditional notions offair play and substan\ntial justice. International Shoe Co. v. Washington, 326 \nU.S. 310,66 S.Ct. 154 (1945). Also termed minimal \ncontacts. [Cases: Corporations (:::::>665(1); Courts \n12(2.5); Federal Courts (:::::>76.5,79.] minimum-fee schedule. Hist. A list of the lowest fees \nthat a lawyer may charge, set by a state bar association. \n-The courts held that minimum-fee schedules, now \ndefunct, violated antitrust laws. \nminimum lot. See LOT (1). \nminimum-royalty clause. Patents. A royalty-agreement \nprovision that prescribes a fixed payment by the licensee \nto the patentee, regardless ofwhether the invention is \nactually used. [Cases: Patents (:::::>218(1), (5).] \nminimum sale. See EXHIBITION VALUE. \nminimum scrutiny. See RATIONAL-BASIS TEST. \nminimum sentence. See SENTENCE. \nminimum tax. See alternative minimum tax under \nTAX. \nminimum wage. See WAGE. \nmining. The process ofextracting ore or minerals from \nthe ground; the working of a mine. This term also \nencompasses oil and gas drilling. \nmining claim. A parcel of land that contains precious \nmetal in its soil or rock and that is appropriated by \na person according to established rules and customs \nknown as the process oflocation. See LOCATION (4), (5). \n[Cases: Mines and Minerals C=13,28.] \nlode claim. A mining claim (on public land) to a well\ndefined vein embedded in rock; a mining claim to \na mineral lode. [Cases: Mines and Minerals 16, \n28.] \nplacer claim. A mining claim that is not a lode claim; \na claim where the minerals are not located in veins \nor lodes within rock, but are usu. in softer ground \nnear the earth's surface. [Cases: Mines and Minerals \nC-=>16,28.] \n\"'t has long been recognized that the distinction between \nlode and placer claims must be tempered by scientific \nfindings as to the nature of the mineral deposits under \nconsideration, and the practicalities of modern mining \nmethods, which may permit the use of surface mining \nmethods to remove certain lodes or veins of minerals pre\nviously only reached by underground methods.\" 53A Am. \nJur. 2d Mines and Minerals  21, at 273 (1996). \nmining lease. See LEASE. \nmining location. 1. See LOCATION (4). 2. See LOCATION \n(5). \nmining partnership. An association of persons to \njOintly share a mining business, including the profits, \nexpenses, and losses. -The partnership has features of \nboth a tenancy in common and an ordinary commer\ncial partnership. [Cases: Mines and Minerals (;::::>96.J \n\"It has generally been held that the law governing ordinary \ncommercial or trading partnerships applies, with a few \nexceptions, to mining partnerships. The principal excep \ntion and the main distinction between mining partnerships \nand commercial partnerships generally is based on the \nfact that the principle of delectus personae, meaning the \nright of a partner to exercise choice and preference as to \nthe admission of any new members to the firm, and as to \nthe persons to be so admitted, does not apply to mining \npartnerships ....\" 58 c.j.S. Mines and Minerals  387, at \n380 (1998). \n\n1086 mining rent \nmining rent. Consideration given for a mining lease, \nwhether the lease creates a tenancy, conveys a fee, or \ngrants a mere license or incorporeal right. [Cases: \nMines and Minerals 79.] \nminister, n. (14c) 1. A person acting under another's \nauthority; an agent. 2. A prominent government officer \nappointed to manage an executive or administrative \ndepartment. 3. A diplomatic representative, esp. one \nranking below an ambassador. [Cases: Ambassadors \nand Consuls 1-5.] \nforeign minister. 1. A minister of foreign affairs, who \nin many countries is equivalent to the u.s. Secretary \nof State. 2. An ambassador, minister, or envoy from \na foreign government. [Cases: Ambassadors and \nConsuls C=>1-5.] \nminister plenipotentiary (plen-;)-p;)-ten-shee-er-ee). \nA minister ranking below an ambassador but pos\nsessing full power and authority as a governmental \nrepresentative, esp. as an envoy of a sovereign ruler. \n-This officer is often regarded as the personal repre\nsentative of a head ofstate. \npublic minister. A high diplomatic representative such \nas an ambassador, envoy, or resident, but not includ\ning a commercial representative such as a consul. \n[Cases: Ambassadors and Consuls C=>4.] \n4. A person authorized by a Christian church to \nperform religiOUS functions. [Cases: Religious Societ\nies \nministerial, adj. (I6c) Of or relating to an act that \ninvolves obedience to instructions or laws instead of \ndiscretion, judgment, or skill <the court clerk's min\nisterial duties include recording judgments on the \ndocket>. Judges \nministerial act. See ACT. \nministerial duty. 1. See ministerial act under ACT. 2. See \nDUTY (2). \nministerial-function test. (1990) The principle that the \nFirst Amendment bars judicial resolution ofa Title VII \nemployment-discrimination claim based on a religiOUS \npreference, if the employee's responsibilities are reli\ngious in nature, as in spreading faith, supervising a reli\ngious order, and the like. 42 USCA  2000e-l(a). See \nTITLE Vll OF THE CIVIL RIGHTS ACT OF 1964. [Cases: \nCivil Rights 1114, 1163.] \nministerial office. See OFFICE. \nministerial officer. See OFFICER (1). \nministerial trust. See passive trust under TRUST. \nminister plenipotentiary. See MINISTER. \nministrant (min-<l-str,mt). 1. One who ministers; a dis\npenser. 2. Hist. Eccles. law. A party who cross-examines \na witness. \nministri regis (mi-nis-tn ree-jis). [Latin] Hist. Minis\nters ofthe king . This term was applied to judges and \nministerial officers. \nminitrial. (l990) A private, voluntary, and informal form \nof dispute resolution in which each party's attorney presents an abbreviated version ofits case to a neutral \nthird party and to the opponent's representatives, who \nhave settlement authority. _ The third party may"}
{"text": "ofits case to a neutral \nthird party and to the opponent's representatives, who \nhave settlement authority. _ The third party may render \nan advisory opinion on the anticipated outcome ofliti\ngation. Cf. summary jury trial under TRIAL. \n'The idea behind the minitrial is that the parties can resolve \na dispute on their own more efficiently if litigant repre \nsentatives with settling authority are educated about the \nstrengths and weaknesses of each side, giving summary \npresentations of their best cases under the eye of ajointly \nselected neutral advisor. After each case is presented, \nthe parties meet privately to negotiate an agreement. \nThe minitrial is confidential and nonbinding. Usually, no \ntranscript is made of the proceeding. Minitrials have had \nsome success in saving both time and money.\" Alfred C. \nAman Jr, & William T. Mayton, Administrative Law 291 (2d \ned,2001), \nminor, n. (16c) 1. A person who has not reached full \nlegal age; a child or juvenile. Also termed infant. Cf. \nADULT. [Cases: Infants \nemancipated minor. (1817) A minor who is self-sup\nporting and independent ofparental control, usu. as \na result of a court order. See EMANCIPATION. [Cases: \nChild Support Parent and Child C=>16.] \nminor in need ofsupervision. See child in need ofsuper\nvision under CHILD. Abbr. MINS. \n2. Roman law. A person who is past puberty but less \nthan 25 years old. Also termed minor quam 25 \nannis. \nminor aetas (mI-n;)r ee-tas). [Latin] Hist. Lesser age; \nminority; infancy. \nminora regalia (mi-nor-;) ri-gay-lee-;)). See regalia \nminora under REGALIA. \nminor crime. See MISDEMEANOR. \nminor dispute. See DISPUTE. \nminor fact. See FACT. \nminority. (I5c) 1. The state or condition ofbeing under \nlegal age . In Scots law, legal minority begins at the \nend ofpuberty; until then, a person is a pupil. Also \ntermed infancy; nonage; immaturity. Cf. MAJORITY (1). \n[Cases: Infants C=> 1.] 2. A group having fewer than a \ncontrolling number ofvotes. Cf. MAJORITY (2). [Cases: \nCorporations 3. A group that is different in \nsome respect (such as race or religious belief) from the \nmajority and that is sometimes treated differently as a \nresult; a member of such a group . Some courts have \nheld that the term minority, in this sense, is not limited \nto a group that is outnumbered. It may also be applied \nto a group that has been traditionally discriminated \nagainst or SOcially suppressed, even if its members \nare in the numerical majority in an area. [Cases: Civil \nRights C=>1007.] \nMinority Business Development Agency. A unit in the \nU.S. Department ofCommerce responsible for develop\ning and coordinating a national program for minority \nbusiness enterprise. -Abbr. MBDA. \nminority discount. A reduction in the value ofa closely \nheld business's shares that are owned by someone who \nhas only a minority interest in the business. _ The \n\n1087 \nconcept underlying a minority discount is recogni\ntion that controlling shares -those owned by someone \nwho can control the business -are worth more in the \nmarket than noncontrolling shares. But when dis\nsenting shareholders object to a corporate act, such \nas a merger, and become entitled to have their shares \nappraised and bought by the corporation, many courts \nhold that incorporating a minority discount into the \nvaluation ofthe dissenters' shares is inequitable and is \nnot permitted. See APPRAISAL REMEDY. [Cases: Corpo\nrations 182.4(5),584.] \nminority opinion. See dissenting opinion under OPINION \n(1). \nminority report. See REPORT (1). \nminority shareholder. See SHAREHOLDER. \nminor participant. (1960) Criminal law. Under the \nfederal sentencing guidelines, a defendant who is less \nculpable for a crime than the other members of the \ngroup committing the crime, but who has more culpa\nbility than a minimal participant.  A defendant who \nis a minor participant can have the offense level for the \ncrime decreased by two levels. U.S. Sentencing Guide\nlines Manual  3B1.2(b). Cf. MINIMAL PARTICIPANT. \n[Cases: Sentencing and Punishment ~~764.] \nminor quam 25 annis (mI-n<lf kwam 25 an-is). [Latin]. \nSee MINOR (2). \nminor's estate. See ESTATE (1). \nminor's trust. See 2503(c) trust under TRUST. \nMINS. abbr. Minor in need ofsupervision. See child in \nneed ofsupervision under CHILD. \nmint, n. (I5c) 1. A government-authorized place for \ncoining money. [Cases: United States 2. A large \nsupply, esp. of money. \nmintage. (16c) 1. The mint's charge for coining money. \n2. The product of minting; money. \nmint-mark. An authorized mark on a coin showing \nwhere it was minted. \nminuend (min-yoo-end). (18c) In a mathematical \nequation, the number from which another number \n(the subtrahend) is subtracted to arrive at a remainder \nor balance . The term is used in law in a variety of \naccounting and mathematical contexts. Cf. SUBTRA\nHEND. \nminus (ml-n<ls), adj. &adv. [Latin] Roman law. Less; less \nthan; not at all . A debt remaining wholly unpaid was \ncalled minus solutum. \nminus Latium. See LATIUM MINUS. \nminute book. (16c) 1. A book in which a court clerk \nenters minutes ofcourt proceedings. [Cases: Clerks of \nCourts C::::>67.] 2. A record of the subjects discussed \nand actions taken at a corporate directors' or share\nholders'meeting. Also termed minutes book. \nminute entry. See minute order (1) under ORDER (2). \nminute order. See ORDER (2). Mirandize \nminutes. (15c) 1. Memoranda or notes of a transac\ntion, proceeding, or meeting. 2. Parliamentary law. \nIne formal record of a deliberative assembly's pro\nceedings, approved (as corrected, if necessary) by the \nassembly. -Also termed journal; record; report. See \nDISPENSE WITH THE READING OF THE MINUTES; SPREAD \nUPON THE MINUTES. \n'The minutes of an organization include a record of all \nofficial actions taken, the presiding officer, the presence \nof a quorum, and information showing that the meeting \nwas duly called and thus legal. The other contents of the \nminutes will depend upon the degree of detail desired .... \nThe minutes should be an official record of actions taken \nby the organization, not a transcript of what indiViduals \nsay in meetings.\" Ray E. Keesey, Modern Parliamentary \nProcedure 84 (1994). \n\"The record of the proceedings of a deliberative assembly \nis usually called the minutes, or sometimes particularly \nin legislative bodies the journal. In an ordinary society, \nunless the minutes are to be published, they should contain \nmainly a record of what was done at the meeting, not \nwhat was said by the members. The minutes should never \nreflect the secretary's opinion, favorable or otherwise, on \nanything said or done.\" Henry M. Robert, Robert's Rules of \nOrder Newly Revised  48. at 451 (10th ed. 2000), \n3. Scots law. Written forms for preserving evidence. \n\"When it is necessary to preserve evidence of any inciden\ntal judicial act or statement, this is done in the Court of \nSession, and also in the inferior courts, by a minute. Thus, \nwhere the pursuer restricts his libel, or makes a reference \nto the defender's oath ... this is done by a minute. Strictly \nspeaking, those minutes ought to be prepared by the clerk \nof court, as their form imports. They commence with the \nname of the counsel ... and purport to be a statement \nmade by him ....\" William Bell, Bell's Dictionary and Digest \nof the Law of Scotland 721 (George Watson ed., 7th ed. \n1890). \nminutes book. See MINUTE BOOK. \nminutio (mi-n[y]oo-shee-oh), n. [Latin] Roman law. A \nlessening or reduction. See DEMfNUTlO. \nMiranda hearing (md-ran-d<l). (1966) A pretrial pro\nceeding held to determine whether the Miranda rule \nhas been followed and thus whether the prosecutor may \nintroduce into evidence the defendant's statements to \nthe police made after arrest. See MIRANDA RULE. [Cases: \nCriminal Law~414.1 \nMiranda rule. (1966) The doctrine that a criminal \nsuspect in police custody must be informed ofcertain \nconstitutional rights before being interrogated. _ The \nsuspect must be advised of the right to remain silent, \nthe right to have an attorney present during question\ning, and the right to have an attorney appointed ifthe \nsuspect cannot afford one. Ifthe suspect is not advised \nof these rights or does not validly waive them, any \neyidence obtained during the interrogation cannot be \nused against the suspect at trial (except for impeach\nment purposes). Miranda v. Arizona, 384 U.S. 436, 86 \nS.Ct. 1602 (1966). [Cases: Criminal Law ~412.2(3), \n517.2(3),518.] \nMiranda warning. See MIRANDA RULE. \nMirandize (m;:l-ran-drz), vb. (1971) Slang. To read \nor recite (to an arrestee) rights under the lvIiranda \nrule <the suspect was arrested, Mirandized, and \n\n1088 mirror-image rule \ninterrogated>. See MIRANDA RULE. [Cases: Criminal \nLaw P412.2(3), 517.2(3), 518.J \nmirror-image rule. (1972) Contracts. The doctrine that \nthe acceptance ofa contractual offer must be positive, \nunconditional, unequivocal, and unambiguous, and \nmust not change, add to, or qualify the terms of the \noffer; the common~law principle that tor a contract to \nbe formed, the terms of an acceptance must correspond \nexactly with those of the offer.  In modern commercial \ncontexts, the mirror-image rule has been replaced by \na UCC provision that allows parties to enforce their \nagreement despite minor discrepancies between the \noffer and the acceptance. The rule still applies to inter\nnational sales contracts governed by the UN Conven~ \ntion on Contracts for the International Sales ofGoods \n(article 19). Also termed ribbon-matching rule. See \nBATTLE OF THE FORMS. [Cases: ContractsP24.] \n\"If an offeree purports to accept an offer but in doing so \nadds various conditions and qualifications of his own, is \nthe acceptance binding on the offeror. at least in part? \nGenerally speaking. the answer is no: the common law \nrule, reflected in Restatement Section 59. is that a state\nment of acceptance is effective only if it is a mirror image \nof the offer and expresses unconditional assent to all of \nthe terms and conditions imposed by the offeror.\" Marvin \nA. Chirelstein, Concepts and Case Analysis in the Law of \nContracts 54 (1990). \nmisa (nu-za). [Law LatinJ Hist. 1. The issue in a writ of \nright; a mise. 2. An agreement; a compromise. \nmisadministration. See MALADMINISTRATION. \nmisadventure. (13c) 1. A mishap or misfortune. 2. \nHomicide committed accidentally by a person doing a \nlawful act and having no intent to injure; ACCIDENTAL \nKILLING. [Cases: Homicide P762.] \nmisallege, vb. To erroneously assert (a fact, a claim, \netc.). \nmisapplication, n. (l7c) The improper or illegal use of \nfunds or property lawfully held. -misapply, vb. \nmisappropriation, n. (I8c) 1. The application ofanoth\ner's property or money dishonestly to one's own use. \nSee EMBEZZLEMENT. Cf. APPROPRIATION; EXPROPRI\nATIO:-l (1). 2. Intellectual property. The common~law \ntort ofusing the noncopyrightable information or ideas \nthat an organization collects and disseminates for a \nprofit to compete unfairly against that organization, \nor copying a work whose creator has not yet claimed \nor been granted exclusive rights in the work. Int'l News \nServo V. Associated Press, 248 U.S. 215, 29 S.Ct. 68 (1918). \n The elements ofmisappropriation are: (1) the plaintiff \nmust have invested time, money, or effort to extract \nthe information, (2) the defendant must have taken \nthe information with no similar investment, and (3) \nthe plaintiff must have suffered a competitive injury \nbecause ofthe taking. [Cases: Copyrights and Intel~ \nlectual Property C:::> 108.] 3. The doctrine giving rise \nto such a tort claim. misappropriate, vb. \n'The doctrine of 'misappropriation,' which is a distinct \nbranch of unfair competition, ... has been applied to \na variety of situations in which the courts have sensed \nthat one party was dealing 'unfairly' with another, but \nwhich were not covered by the three established statutory systems protecting intellectual property: copyright, patent, \nand trademark/deception as to origin.\" U.S. CoifAss'n v. St. \nAndrews Systems, Data-Max, inc. 749 F.2d 1028, 1034-35 \n(3d Cir. 1984) (Becker, J.). \nmisappropriation theory. Securities. The doctrine that \na person who wrongfully uses confidential informa~ \ntion to buy or sell securities in violation ofa duty owed \nto the one who is the information source is guilty of \nsecurities fraud. [Cases: Securities Regulation P \n60.28(2.1).] \nmisbehavior in office. See"}
{"text": "[Cases: Securities Regulation P \n60.28(2.1).] \nmisbehavior in office. See official misconduct under MIS~ \nCONDUCT. \nmisbranding, n. The act or an instance oflabeling one's \nproduct falsely or in a misleading way. _ Misbrand\ning is prohibited by federal and state law. Food \nPIS; Health C=>311; Products Liability \nmisbrand, vb. \nmiscarriage. (l6c) Spontaneous and involuntary pre\nmature expulsion ofa nonviable fetus. Also termed \nspontaneous abortion. \ncriminal miscarriage. Hist. See ABORTION (1). \nmiscarriage ofjustice. (1862) A grossly unfair outcome \nin a judicial proceeding, as when a defendant is con\nvicted despite a lack ofevidence on an essential element \nof the crime. -Also termed failure ofjustice. \nmiscegenation (mi~sej~a~nay~shan). (1863) A marriage \nbetween persons of different races, formerly consid~ \nered illegal in some jurisdictions . In 1967, the U.S. \nSupreme Court held that laws banning interracial mar\nriages are unconstitutional. Loving V. Virginia, 388 U.S. \n1,87 S.Ct. 1817 (1967). But for years, such laws techni\ncally remained on the books in some states. The last \nremaining state~law ban on interracial marriages was \na provision in the Alabama constitution. The Alabama \nlegislature voted to repeal the ban, subject to a vote of \nthe state's citizens, in 1999; the repeal became effective \nin 2000. -Also termed mixed interracial \nmarriage. [Cases: Criminal Law \nmiscellaneous itemized deduction. See DEDUCTION, \nmischarge. (1939) An erroneous jury instruction that \nmay be grounds for reversing a verdict. Also termed \nmisdirection. \nmischief (mis~chaf). (14c) 1. A condition in which a \nperson suffers a wrong or is under some hardship, esp. \none that a statute seeks to remove or for which equity \nprovides a remedy <this legislation seeks to eliminate \nthe mischief of racially restrictive deed covenants>. 2. \nInjury or damage caused by a specific person or thing \n<the vandals were convicted ofcriminal mischief>. 3. \nThe act causing such injury or damage <their mischief \ndamaged the abbey>. \nmischief rule. (1974) In statutory construction, the \ndoctrine that a statute should be interpreted by first \nidentifying the problem (or \"mischief\") that the statute \nwas designed to remedy and then adopting a construc\ntion that will suppress the problem and advance the \nremedy. -Also termed rule in Heydon's Case; purpose \napproach. Cf. GOLDEN RULE; PLAIN~MEANING RULE; \n\n1089 misdemeanor \nEQUITY-OF-THE-STATUTE RULE. [Cases: Statutes \n184.] \nmisconduct (mis-kon-d~kt). (l7c) 1. A dereliction of \nduty; unlawful or improper behavior. \naffirmative misconduct. (1897) 1. An affirmative act of \nmisrepresentation or concealment ofa material fact; \nintentional wrongful behavior. -Some courts hold \nthat there must be an ongoing pattern of misrepre\nsentation or false promises, as opposed to an isolated \nact of providing misinformation. 2. With respect to \na claim ofestoppel against the federal government, \na misrepresentation or concealment of a material \nfact by a government employee -beyond a merely \ninnocent or negligent misrepresentation. [Cases: \nEstoppel C-::;;:'62.2(3, 4).] \njuror misconduct. (1954) A juror's violation of the \ncourt's charge or the law, committed either during \ntrial or in deliberations after trial, such as (1) com\nmunicating about the case with outsiders, witnesses, \nattorneys, bailiffs, or judges, (2) bringing into the \njury room information relating to the case but not \nin evidence, and (3) conducting experiments regard\ning theories of the case outside the court's presence. \n[Cases: Criminal Law (:::;)855; Federal Courts \n1974; Trial (:::;::,304-311.] \nmisconduct in office. See official misconduct. \nofficial misconduct. (1830) A public officer's corrupt \nviolation of assigned duties by malfeasance, misfea\nsance, or nonfeasance. Also termed misconduct \nin office; misbehavior in office: malconduct in office; \nmisdemeanor in office: corruption in office: official \ncorruption; political corruption. [Cases: Officers and \nPublic Employees (;=, 121.] \nwanton misconduct. (1844) An act, or a failure to act \nwhen there is a duty to do so, in reckless disregard \nofanother's rights, coupled with the knowledge that \ninjury will probably result. -Also termed wanton \nand reckless misconduct. [Cases: Negligence \n275.) \nwillful and wanton misconduct. (1866) Conduct com\nmitted with an intentional or reckless disregard for \nthe safety ofothers, as by failing to exercise ordinary \ncare to prevent a known danger or to discover a \ndanger. Also termed willful indifference to the \nsafety ofothers. [Cases: Automobiles (::::::) 181(1): Neg\nligence (;:::>275.] \nwillful misconduct. (1804) Misconduct committed \nvoluntarily and intentionally. (Cases: Carriers \n307(6.1); Negligence (:::;::,275; Unemployment Com\npensation (:::;::,65.] \n\"This term of art [willful misconduct] has defied definition, \nbut it is clear that it means something more than neg \nligence. Two classic examples of misconduct which will \ndefeat the seaman's claim are intoxication and venereal \ndisease.\" Frank L. Maraist, Admiralty in a Nutshell 185-86 \n(3d ed. 1996). \nwillful misconduct ofan employee. (1884) The delib\nerate disregard by an employee of the employer's \ninterests, including its work rules and standards of conduct, justifying a denial of unemployment com\npensation if the employee is terminated for the mis\nconduct. [Cases: Unemployment Compensation \n65.] \n2. An attorney's dishonesty or attempt to persuade \na court or jury by using deceptive or reprehensible \nmethods. (Cases: Criminal Law(:::;::, 1980-2210; Federal \nCivil Procedure (:::;::, 1970; Trial ('::::> 113.] \nmiscontinuance. (16c) A continuance erroneously \nordered by a court. \nmiscreant (mis-kree-ant). (l4c) 1. A wrongdoer. 2. An \napostate; an unbeliever. \nmisdate. (16c) To erroneously date (a document, etc.). \nmisdelivery. (1867) Delivery not according to contrac\ntual specifications; esp. delivery to the wrong person \nor delivery of goods in a damaged condition . This \nconcept applies to contracts ofcarriage and contracts of \nsale, lease, etc., requiring delivery in some form. [Cases: \nCarriers (:::;::,93; Shipping <:--::;;:, 117.) \nmisdemeanant (mis-d~-mee-n~nt), n. (1819) A person \nwho has been convicted of a misdemeanor. \nmisdemeanor (mis-di-mee-n~r). (I6c) 1. A crime that \nis less serious than a felony and is usu. punishable by \nfine, penalty, forfeiture, or confinement (usu. for a brief \nterm) in a place other than prison (such as a county \njail). Also termed minor crime; summary offense. Cf. \nFELONY (1). [Cases: Criminal Law C~27.l \n\"'Misdemeanor' was the label ultimately adopted to apply \nto all offenses other than treason or felony. The term \nincluded a wide variety ofwrongs and misprisions. Many of \nthe substantive legal principles and procedures applicable \nto felonies were not applied in the case of misdemeanors. \nThe difference in treatment between felonies and misde\nmeanors has carried over from common law to current \npractice. and today misdemeanors are often treated differ\nently than felonies [in) the procedures employed in trying \nsuch cases as well as [in) the consequences of a conviction. \nThe traditional distinction between felonies and misde\nmeanors has been abolished in England.\" Rollin M. Perkins \n&Ronald N. Boyce, Criminal Law 15 (3d ed. 1982). \ngross misdemeanor. 08c) A serious misdemeanor, \nthough not a felony. Also termed high misde\nmeanor. \nhigh misdemeanor. l. Hist. English law. A crime that \nranked just below high treason in seriousness . In \nEnglish law, the term was essentially synonymous \nwith crime. Examples of crimes called high misde\nmeanors are riot and conspiracy. In early American \nlaw, the term had the same meaning as in English law \nand was used in defining crimes such as sedition. 2. \nSee gross misdemeanor. 3. See serious misdemeanor. \nserious misdemeanor. (1893) One of a class of mis\ndemeanors having more severe penalties than most \nother misdemeanors . Conduct rising to the level of \na serious misdemeanor can, in some jurisdictions, \nbe charged as either a felony or a misdemeanor. \nAlso termed high misdemeanor; indictable mis\ndemeanor; penitentiary misdemeanor; aggravated \nmisdemeanor. \n\n1090 misdemeanor in office \ntreasonable misdemeanor. See TREASO:-.rABLE MISDE\nMEANOR. \n2. Archaic. Any crime, including a felony. \n\"A crime, or misdemeanor, is an act committed, or omitted, \nin violation of a public law, either forbidding or command\ning it. This general definition comprehends both crimes \nand misdemeanors; which, properly speaking, are mere \nsynonymous terms: though, in common usage, the word, \n'crimes,' is made to denote such offences as are of a deeper \nand more atrocious dye, while smaller faults, and omis\nsions of less consequence, are comprised under the gentler \nnames of 'misdemeanors' only.\" 4 William Blackstone, Com\nmentaries on the Laws of England 5 (1769). \nmisdemeanor in office. See official misconduct under \nMISCONDUCT. \nmisdemeanor manslaughter. See MANSLAUGHTER. \nmisdemeanor-manslaughter rule. (1967) The doctrine \nthat a death occurring during the commission of a \nmisdemeanor (or sometimes a nondangerous felony) \nis involuntary manslaughter. -Many states and the \nModel Penal Code have abolished this rule. Cf. FELONY\nMURDER RULE. [Cases: Homicide 0-'-::620-652.] \n\"Companion to the felony-murder rule is the so-called mis\ndemeanor-manslaughter rule!:l ... Homicide resulting from \nthe perpetration or attempted perpetration of an unlawful \nact, less than a dangerous felony, is manslaughter if the \nunlawful act is malum in se.\" Rollin M. Perkins & Ronald N. \nBoyce, Criminal Law 108 (3d ed. 1982). \nmisdescription. (1848) L A contractual error or falSity \nthat deceives, injures, or materially misleads one ofthe \ncontracting parties. 2. A bailee's inaccurate identifica\ntion, in a document oftitle, ofgoods received from the \nbailor. 3. An inaccurate description of land in a \ndeed. [Cases: Deeds \nmisdirection. See MISCHARGE. \nmise (meez or mIZ), n. [Law French] Hist. 1. Expenses \nincurred in litigation. 2. The general issue in a writ of \nright. -When a tenant pleads superior title to the plain\ntiff, the tenant is said to join the mise on the mere right. \n3. A settlement; a compromise, as in the Mise ofLewes \nbetween Henry III and the rebelling barons. \nmise money. Hist. Money paid by contract to purchase \na privilege. \nmiserabile depositum (miz-;>-rab-;>-lee di-poz-;>-t;>m). \n[Law Latin \"a pitiful deposit\"] Civil law. A deposit or \nbailment made in an emergency, as in a shipwreck, fire, \nor insurrection. \nmiserere (miz-a-reer-ee). [Latin] Hist. Have mercy. \nThis is the first phrase of the 51st psalm, used to test a \nperson claiming benefit ofclergy. See NECK VERSE. \nmisericordia (miz-;>-ri-kor-dee-a). [Law Latin] Hist. \n1. Mercy. 2. An arbitrary fine as a punishment. 3. An \nexemption from a fine. \nmisericordia communis (miz-;>-ri-kor-dee-;> k;>-myoo\nnis). [Law LatinJ Hist. A fine levied on a whole \ncounty. \nmisfeasance (mis-fee-z;>nts), n. (16c) 1. A lawful act \nperformed in a wrongful manner. [Cases: Negligence \n{~200.J 2. More broadly, a transgression or trespass; MALFEASANCE. Cf. NONFEASANCE. --misfeasant, \nadj. -misfeasor, n. \nmisfeasance in public office. (1880) The tort of excessive, \nmalicious, or negligent exercise ofstatutory powers by \na public officer. Also termed malfeasance. [Cases: \nOfficers and Public Employees (::::::> 116.] \nmishering. See MISKERING. \nmishersing. See MISKERING. \nmisjoinder (mis-joyn-d;>r). (I8c) 1. The improper union \nof"}
{"text": ". \nmisjoinder (mis-joyn-d;>r). (I8c) 1. The improper union \nof parties in a civil case. See JOINDER. Cf. DlSJOINDER; \nNONJOINDER. [Cases: Federal Civil Procedure (::::::>387; \nParties (::::::>85, 89.J 2. The improper union of offenses \nin a criminal case. [Cases: Indictment and Informa\ntion 126.J \nmiskenning (mis-ken-ing). [fro French misw \"wrong\" + \nSaxon cennan \"to declare\"J 1. A wrongful summons. \n2. A pleading mistake or irregularity. \n\"But every defeated plaintiff could be amerced 'for a false \nclaim.' Incidentally too any falsehood ... that is, anyfraudu\nlent misuse of the machinery ofthe law, would be punished \nby imprisonment. Then again every default in appearance \nbrought an amercement on the defaulter and his pledges. \nEvery mistake in pleading, every miskenning . .. brought \nan amercement on the pleader if the mistake was to be \nretrieved. A litigant who hoped to get to the end of his suit \nwithout an amercement must have been a sanguine man; \nfor he was playing a game of forfeits.\" 2 Frederick Pollock \n& Frederic W. Maitland, The History of English Law Before \nthe Time ofEdward I 519 (2d ed. 1899). \nmiskering (mis-k;>r-ing). Hist. Freedom or immunity \nfrom amercement. - Also termed abishering; abishers\ning; mishering; mishersing. \nmislaid property. See PROPERTY. \nmislay, vb. (15c) To deposit (property, etc.) in a place \nnot afterwards recollected; to lose (property, etc.) by \nforgetting where it was placed. See mislaid property \nunder PROPERTY. \nmisleading, adj. (l6c) (Of an instruction, direction, etc.) \ndelusive; calculated to be misunderstood. [Cases: Fraud \n13(1)-1 \nmisnomer (mis-noh-m;>r). (l5c) A mistake in naming \na person, place, or thing, esp. in a legal instrument. \n-In federal pleading -as well as in most states \nmisnomer of a party can be corrected by an amend\nment, which will relate back to the date ofthe original \npleading. Fed. R. Civ. P. 15(c)(3). [Cases: Federal Civil \nProcedure (::::::> 382; Limitation of Actions (::::::> 121(2); \nParties (;::::>94, 95(3).] \nmisperformance. (17c) A faulty attempt to discharge an \nobligation (esp. a contractual one). Cf. PERFORMANCE; \nNONPERFORMAKCE. \nmispleading. (16c) Pleading incorrectly. - A party who \nrealizes that its pleading is incorrect can usu. amend \nthe pleading, as a matter of right, within a certain \nperiod, and can thereafter amend with the court's \npermission. \nmisprision (mis-prizh-;>n). (15c) 1. Concealment or non\ndisclosure of a serious crime by one who did not par\n\n1091 \nticipate in the crime. [Cases: Compounding Offenses \n~l.] \nclerical misprision. (I8c) A court clerk's mistake or \nfraud that is apparent from the record. \nmisprision offelony. (l6c) Concealment or nondisclo\nsure of someone else's felony. See 18 USCA  4. [Cases: \nCompounding Offenses C;;,) 1.1.] \n\"In fact, whatever the law may be, it is not the general \ncustom to prosecute for misprision of felony, even where \na person who knows of a felony is questioned by the \npOlice and refuses to make a statement. Indeed, Stephen, \nwriting in the nineteenth century, regarded the offence as \n'practically obsolete'; and American courts have refused ! \nto recognise it as subsisting, But there have been four suc\ncessful prosecutions in England during the last quarter\ncentury ... ,\" Glanville Williams, Criminal Law 424 (2d i \ned.1961). \nmisprision oftreason. (16c) Concealment or nondis\nclosure of someone else's treason. [Cases: Treason \nnegative misprision. (I8c) 1he wrongful concealment \nof something that should be revealed <misprision of \ntreason>. \npositive misprision. (I8c) The active commission of a \nwrongful act <seditious conduct against the govern- i \nment is positive misprision>. \n2. Seditious conduct against the government. 3. An \nofficial's failure to perform the duties of public office. \n[Cases: Officers and Public Employees Cd121.]4. Mis\nunderstanding; mistake. \n'The word 'misprision' has been employed with different \nmeanings. While Blackstone thought of it as referring to i \na grave misdemeanor, it seems to have been used earlier ' \nto indicate the entire field of crime below the grade of \ntreason or felony before the word 'misdemeanor' became \nthe generally accepted label for this purpose. More recently \nit has been said: 'Misprision is nothing more than a word \nused to describe a misdemeanor which does not possess \na specific name: [United States v. Perlstein, 126 F.2d 789, \n798 (3d Or. 1942).1 It has been associated with two specific \noffenses, and only these, from the earliest times, They \nare misprision of treason and misprision of felony, which \nconsist of the criminal default of one in regard to the crime \nof another.\" Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw 572 (3d ed, 1982). \nmisprisor (mis-prI-zar). One who commits mispriSion \nof felony. \nmisreading. An act of fraud in which a person incor\nrectly reads the contents of an instrument to an illiter\nate or blind person with the intent to deceitfully obtain \nthat person's signature. [Cases: Fraud (~4.5.1 \nmisrecital. (16c) An incorrect statement of a factual \nmatter in a contract, deed, pleading, or other instru\nment. \nmisrepresentation, n. (l7c) 1. The act of making a false \nor misleading assertion about something, usu. with the \nintent to deceive . The word denotes not just written or \nspoken words but also any other conduct that amounts \nto a false assertion. [Cases: Fraud ~9.1 2. The asser\ntion so made; an assertion that does not accord with \nthe facts. Also termed false representation; (redunmisrepresentation \ndantly) false misrepresentation. Cf. REPRESENTATION \n(1). -misrepresent, vb. \n\"A misrepresentation, being a false assertion of fact, \ncommonly takes the form of spoken or written words. \nWhether a statement is false depends on the meaning of \nthe words in all the circumstances, including what may \nfairly be inferred from them. An assertion may also be \ninferred from conduct other than words, Concealment or \neven non-disclosure may have the effect of a misrepre\nsentation . .. [AJn assertion need not be fraudulent to \nbe a misrepresentation. Thus a statement intended to be \ntruthful may be a misrepresentation because of ignorance \nor carelessness, as when the word 'not' is inadvertently \nomitted or when inaccurate language is used. But a misrep\nresentation that is not fraudulent has no consequences ... \nunless it is material.\" Restatement (Second) of Contracts \n 159 cmt. a (1979). \nfraudulent misrepresentation. (18c) A false statement \nthat is known to be false or is made recklessly \nwithout knOWing or caring whether it is true or \nfalse and that is intended to induce a party to det\nrimentally rely on it. Also termed fraudulent rep\nresentation; deceit. [Cases: Fraud ~8.j \n\"A misrepresentation is fraudulent if the maker intends \nhis assertion to induce a party to manifest his assent and \nthe maker (a) knows or believes that the assertion is not in \naccord with the facts, or (b) does not have the confidence \nthat he states or implies in the truth of the assertion, or \n(c) knows that he does not have the basis that he states or \nimplies for the assertion.\" Restatement (Second) of Con\ntracts  162(1) (1979). \ninnocent misrepresentation. (1809) A false statement \nthat the speaker or writer does not know is false; a \nmisrepresentation that, though false, was not made \nfraudulently. [Cases: Fraud C=,13(2).] \nmaterial misrepresentation. (I8c) 1. Contracts. A false \nstatement that is likely to induce a reasonable person \nto assent or that the maker knows is likely to induce \nthe recipient to assent. [Cases: Contracts C:-:>94.J 2. \nTorts. A false statement to which a reasonable person \nwould attach importance in deciding how to act in the \ntransaction in question or to which the maker knows \nor has reason to know that the recipient attaches some \nimportance. See Restatement (Second) of Torts  538 \n(1979). [Cases: Fraud ~18.] \n\"The materiality of a misrepresentation is determined \nfrom the viewpoint of the maker, while the justification \nof reliance is determined from the viewpoint of the reCipi\nent.... The requirement of materiality may be met in \neither of two ways. First, a misrepresentation is material \nif it would be likely to induce a reasonable person to \nmanifest his assent. Second, it is material if the maker \nknows that for some special reason it is likely to induce \nthe particular recipient to manifest his assent, There may \nbe personal considerations that the recipient regards as \nimportant even though they would not be expected to \naffect others in his situation, and if the maker is aware of \nthis the misrepresentation may be material even though \nit would not be expected to induce a reasonable person \nto make the proposed contract. One who preys upon \nanother's known idiosyncrasies cannot complain if the \ncontract is held voidable when he succeeds in what he is \nendeavoring to accomplish ... , Although a nonfraudulent \nmisrepresentation that is not material does not make the \ncontract voidable under the rules stated in this Chapter, \nthe reCipient may have a claim to relief under other rules, \nsuch as those relating to breach of warranty.\" Restatement \n(Second) of Contracts  162 cmt. C (1979). \n\nmisrepresentation ofsource. See PASSING OFF. \nnegligent misrepresentation. (1888) A careless or inad\nvertent false statement in circumstances where care \nshould have been taken. [Cases: Fraud C=:> 13(3).] \nmisrepresentee. A person to whom a fact has been mis\nrepresented. \nmisrepresenter. A person who misrepresents a fact to \nanother. -Also spelled misrepresentor. \nMissile Defense Agency. A unit in the U.S. Department \nof Defense responsible for developing and deploying \na missile-defense system capable of protecting the \nUnited States, its armed forces, and others from missile \nattack. Abbr. MDA. \nmissilia (mi-sI-lee-<J), n. pl. [fro Latin mit/ere \"to throw\"] \nRoman law. Money that the praetors, consuls, or \nwealthy individuals throw as gifts to people on the \nstreet; largesse. \nmissing-evidence rule. (198l) The doctrine that, when \na party fails at trial to present evidence that the party \ncontrols and that would have been proper to present, \nthe jury is entitled to infer that the evidence would have \nbeen unfavorable to that party. [Cases: Evidence \n74.] \nmissing person. 1. Someone whose whereabouts are \nunknown and, after a reasonable time, seem to be \nunascertainable. 2. Someone whose continuous and \nunexplained absence entitles the heirs to petition a \ncourt to declare the person dead and to divide up the \nperson's property. See SEVEN-YEARS'-ABSENCE RULE. Cf. \nDISAPPEARED PERSON. [Cases: Death \nmissing ship. Maritime law. A vessel that has been gone \nfor an unreasonably long time, leading to the presump\ntion that it is lost at sea; esp. a vessel that has been gone \nlonger than the average time it takes a vessel to make a \nsimilar voyage in the same season. \nmissing-witness rule. (1961) The doctrine that, when a \nparty fails at trial to present a witness who is available \nonly to that party and whose testimony would have \nbeen admissible, the jury is entitled to infer that the \nwitness's testimony would have been unfavorable to \nthat party. [Cases: Criminal Law C=:>317; Evidence C=:> \n77; Trial C=:>211.J \nmissio in bona (mis[hJ-ee-oh in boh-n<'l). [Latin] Roman \nlaw. 1. A praetor's grant to a creditor ofindividual items \nofthe judgment debtor's property already in the credi\ntor's possession. 2. A praetor's grant to a creditor in \npossession of the debtor's whole estate, as a form of \nexecution ofjudgment. \nmissio in possessionem (mis[hJ-ee-oh in pa-zes[h]-ee\noh-n<'lm). [Latin] Roman law. A praetor's grant to a \ncreditor ofthe debtor's entire estate as a form ofexecu\ntion ofjudgment. \nmistake, n. (17c) 1. An error, misconception, or misun\nderstanding; an erroneous belief. See ERROR. 2. Con\ntracts. The situation in which either (1) the parties to \na contract did not mean the same thing, or (2) at least \none party had a belief that did not correspond to the facts or law . As a result, the contract mav be voidable. \n[Cases: Contracts ~93.] . \n\"In this Restatement the word 'mistake' is used to refer to \nan erroneous belief. A party's erroneous belief is there \nfore said to be a 'mistake' of that party. The belief need \nnot be an articulated one, and a party may have a belief \nas to a fact when he merely makes an assumption with \nrespect to it, without being aware of alternatives. The \nword 'mistake' is not used here, as it is sometimes used \nin common speech. to refer to an improvident act, i nclud"}
{"text": "'mistake' is not used here, as it is sometimes used \nin common speech. to refer to an improvident act, i nclud\ning the making of a contract, that is the result of such an \nerroneous belief. This usage is avoided here for the sake of \nclarity and consistency. Furthermore, the erroneous belief \nmust relate to the facts as they exist at the time of the \nmaking of the contract. A party's prediction or judgment \nas to events to occur in the future, even if erroneous, is \nnot a 'mistake' as that word is defined here. An errone\nous belief as to the contents or effect of a writing that \nexpresses the agreement is, however, a mistake. Mistake \nalone, in the sense in which the word is used here. has no \nlegal consequences. The legal consequences of mistake \nin connection with the creation of contractual liability are \ndetermined by [substantive rules] ,\" Restatement (Second) \nof Contracts  151 emt. a (1979). \n\"The word mistake is generally used in the law of contracts \nto refer to an erroneous belief -'a belief that is not in \naccord with the facts.' To avoid confUSion. it should not \nbe used. as it sometimes is in common speech, to refer to \nan improvident act, such as the making of a contract, that \nresults from such an erroneous belief. Nor should it be \nused. as it sometimes is by courts and writers, to refer to \nwhat is more properly called a misunderstanding. a situ \nation in which two parties attach different meanings to \ntheir language.\" E. Allan Farnsworth, Contracts  9.2, at 619 \n(3d ed. 1999) (quoting Restatement (Second) of Contracts \n 151 (3d ed. 1979)). \nbasic mistake. A mistake offact or oflaw constituting \nthe basis on which a transaction rests. \nbilateral mistake. See mutual mistake (1). \ncollateral mistake. See unessential mistake. \ncommon mistake. See mutual mistake (2). \nessential mistake. (1818) Contracts. A mistake serious \nenough that no real consent could have existed, so \nthat there was no real agreement. [Cases: Contracts \nG~93.1 \ninessential mistake. See unessential mistake. \nmistake offact. (1808) 1. A mistake about a fact that \nis material to a transaction; any mistake other than a \nmistake oflaw. -Also termed error in fact; error of \nfact. [Cases: Contracts 2. \"The defense assert\ning that a criminal defendant acted from an innocent \nmisunderstanding offact rather than from a criminal \npurpose. \nmistake oflaw. (I8c) L A mistake about the legal effect \nofa known fact or situation. -Also termed error in \nlaw; error oflaw. [Cases: Contracts G=;)93(4).] 2. The \ndefense asserting that a defendant did not understand \nthe criminal consequences ofcertain conduct.  This \ndefense is generally not as effective as a mistake of \nfact. \nmutual mistake. (I8c) 1. A mistake in which each party \nmisunderstands the other's intent. Also termed \nbilateral mistake. [Cases: Contracts C=:>93(S).] 2. A \nmistake that is shared and relied on by both parties \n\nto a contract.  A court will often revise or nullify a \ncontract based on a mutual mistake about a material \nterm. Also termed (in sense 2) common mistake. \n[Cases: Contracts (:::J93(5); Reformation ofInstru\nments (;:::: 19.J \n\"The term 'common mistake' is more usually, but less \ngrammatically, referred to as 'mutual mistake'. Cheshire \nand Fifoot on Contract have made a heroic effort to intra \nduce and establish the more correct term, and it does seem \nto be gaining ground. However, the beginner is warned \nthat the term 'mutual mistake' is nearly always used by \nthe Courts to mean what we here call 'common mistake'.\" \nP.S. Atiyah, An Introduction to the Law ofContract 190 n.7 \n(3d ed. 1981). \nnonessential mistake. See unessential mistake. \nunessential mistake. (1928) Contracts. A mistake that \ndoes not relate to the nature of the contents of an \nagreement, but only to some external circumstance, \nso that the mistake has no effect on the validity of \nthe agreement. Also termed inessential mistake; \nnonessential mistake; collateral mistake. [Cases: Con\ntracts \nunilateral mistake. (1885) A mistake by only one party \nto a contract.  A unilateral mistake is generally not \nas likely to be a ground for VOiding the contract as is \na mutual mistake. [Cases: Contracts C::>93.] \nmistakenly induced revocation. See DEPENDENT RELA\nTIVE REVOCATION. \nmistery (mist~r-ee). Hist. A business; a trade. Also \nspelled mystery. \nmistrial. (17c) 1. A trial that the judge brings to an end, \nwithout a determination on the merits, because of a \nprocedural error or serious misconduct occurring \nduring the proceedings. [Cases: Criminal Law G=>867; \nFederal Civil Procedure (;::::> 1951; Trial c\";:=:} 18, 133.1, \n304.] 2. A trial that ends inconclusively because the \njury cannot agree on a verdict. -Also termed abortive \ntrial. [Cases: Criminal Law (;::::;867.] \nmisunderstanding. (Bc) 1. A flawed interpretation of \nmeaning or significance. 2. A situation in which the \nwords or acts oftwo people suggest assent, but one or \nboth ofthem in fact intend something different from \nwhat the words or acts express. 3. A quarrel; an instance \nofusu. mild wrangling. \nmisuse, n. (14c) 1. Products liability. A defense alleging \nthat the plaintiff used the product in an improper, \nunintended, or unforeseeable manner. [Cases: Products \nLiability C:::c 182.] 2. Patents. The use ofa patent either \nto improperly extend the granted monopoly to non\npatented goods or to violate antitrust laws. [Cases: \nPatents (:::J283(l).] \nmisuser. (17c) An abuse ofa right or office, as a result of \nwhich the person having the right might lose it <it is \nan act of misuser to accept a bribe>. Cf. USER. [Cases: \nOfficers and Public Employees (:::J64.] \nmitigate (mit-a-gayt), vb. (15c) To make less severe or \nintense <the fired employee mitigated her damages \nfor wrongful termination by accepting a new job>. Cf. MILITATE. -mitigation, n. mitigatory (mit-~-g~\ntor-ee), adj. \nmitigating circumstance. See CIRCUMSTANCE. \nmitigation cost. See COST (1). \nmitigation-of-damages doctrine. (1978) The princi\nple requiring a plaintiff, after an injury or breach of \ncontract, to make reasonable efforts to alleviate the \neffects of the injury or breach. Ifthe defendant can \nshow that the plaintiff failed to mitigate damages, the \nplaintiff's recovery may be reduced. Also termed \navoidable-consequences doctrine. Cf. DOCTRINE OF \nCONSTRUCTIVE SERVICE (2). [Cases: Damages (:::J62.] \nmitigation ofpunishment. (18c) Criminal law. A reduc\ntion in punishment due to mitigating circumstances \nthat reduce the criminal's level of culpability, such as \nthe existence of no prior convictions. See mitigating \ncircumstance under CIRCUMSTANCE. \nmitigator. A factor tending to show that a criminal \ndefendant, though guilty, is less culpable than the act \nalone would indicate <the fact that he was coerced into \ntaking part in the robbery may have been a mitigator \nin the minds ofthe jurors>. Cf. AGGRAVATOR. [Cases: \nSentencing and Punishment C=>54.] \nmitiori sensu. See IN MITIORI SENSU. \nmitter avant (mit-<'lf ~-vant), vb. [Law French] Hist. To \npresent or produce (evidence, etc.) to a court. \nmittimus (mit-<'l-m<'ls). [Law Latin \"we send\") Hist. 1. \nA court order Of warrant directing a jailer to detain \na person until ordered otherwise; COMMITMENT (4). \n[Cases: Sentencing and Punishment C-:::>462, 463.] 2. \nA certified transcript ofa prisoner's conviction or sen\ntencing proceedings. 3. A writ directing the transfer of \nrecords from one court to another. PI. mittimuses. \nmixed action. See ACTION (4). \nmixed blood. See BLOOD. \nmixed cognation. See COGNATION. \nmixed condition. See CONDITION (2). \nmixed contract. See CONTRACT. \nmixed cost. See COST (1). \nmixed government. See GOVERNMENT. \nmixed insurance company. See INSURANCE COMPANY. \nmixed interpretation. See liberal interpretation under \nINTERPRETATION. \nmixed jury. See JURY. \nmixed larceny. See LARCENY. \nmixed law. A law concerning both persons and \nproperty. \nmixed marriage. See MISCEGENATION. \nmixed-motive doctrine. Employment law. The principle \nthat, when the evidence in an employment-discrimi\nnation case shows that the complained-of employment \naction was based in part on a nondiscriminatory reason \nand in part on a discriminatory reason, the plaintiff \nmust show that discrimination was a motivating factor \n\nfor the employment action and, if the plaintiff makes \nthat showing, then the defendant must show that it \nwould have taken the same action without regard to the \ndiscriminatory reason. [Cases: Civil Rights C=>1137.] \nmixed nuisance. See NUISANCE. \nmixed policy. See INSURANCE POLICY. \nmixed presumption. See PRESUMPTION. \nmixed property. See PROPERTY. \nmixed question. (lSc) L MIXED QUESTION OF LAW AND \nFACT. 2. An issue involving conflicts of foreign and \ndomestic law. \nmixed question oflaw and fact. (1S05) An issue that \nis neither a pure question of fact nor a pure question \nof law. Mixed questions of law and fact are typi\ncally resolved by juries. -Often shortened to mixed \nquestion. -Also termed mixed question offact and \nlaw. [Cases: Administrative Law and Procedure \n781; Appeal and Error C=>S42(9); Criminal Law \n735; Federal Courts Trial Cr~137.] \n\"Many issues in a lawsuit involve elements of both law and \nfact. Whether these be referred to as mixed questions of \nlaw and fact, or legal inferences from the facts, or the \napplication of law to the facts, there is substantial authority \nthat they are not protected by the 'clearly erroneous' rule \nand are freely reviewable. This principle has been applied \nto antitrust violations, bankruptcy, contracts, copyright, \ntaxation, and to other areas of the law.\" 9A Charles Alan \nWright & Arthur R. Miller, Federal Practice and Procedure \n 2589, at 608-11 (2d ed. 1995). \nmixed tithes. See TITHE. \nmixed treaty. See TREATY (1). \nmixed trust. See TRUST. \nmixed war. See WAR. \nmixtion (miks-chan). Archaic. 1. The process ofmixing \nproducts together so that they can no longer be sepa\nrated. 2. The product of mixing. \nmixtum imperium (miks-ti'lm im-peer-ee-am). [Latin] \nRist. Mixed authority; mixed jurisdiction . This term \nrefers to the power of subordinate civil magistrates. \nM]OA. abbr. MOTION FOR JUDGMENT OF ACQUITTAL. \nMLA. abbr. MOTION FOR LEAVE TO APPEAL. \nMMBtu. Abbr. Oil & gas. One million British thermal \nunits, one ofthe standard units for measuring natural \ngas. \nMMI. abbr. MAXIMUM MEDICAL IMPROVEMENT. \nM'Naghten rules. See MCNAGHTEN RULES. \nM'Naughten rules. See MCNAGHTEN RULES. \nM.O. abbr. MODUS OPERANDI. \nmobile goods. See GOODS. \nMobile-Sierra doctrine. The principle that the Federal \nEnergy Regulatory Commission may not grant a rate \nincrease to a natural-gas producer unless the produc\ner's contract authorizes a rate increase, or unless the \nexisting rate is so low that it may adversely affect the \npublic interest (as by threatening the continued viabil\nity of the public utility to continue its service). United Gas Pipe Line Co. v. Mobile Gas Servo Corp., 350 U.S. \n332,76 S.Ct. 373 (1956); Federal Power Comm'n v. Sierra \nPac. Power Co., 350 D.S. 348, 76 S.Ct. 368 (1956). \nAlso termed Sierra-Mobile doctrine. [Cases: Gas C=~ \n14.4(1).] \nmobilia (moh-bil-ee-i'l), n. pI. [Latin \"movables\"] Roman \nlaw. Movable things . The term primarily refers to \ninanimate objects but sometimes also refers to slaves \nand animals. \nmobilia sequuntur personam (moh-bil-ee-a si-kwdn\ntar pdr-soh-nam). [Latin] Int'llaw. Movables follow \nthe person -Le., the law of the person. This is the \ngeneral principle that rights ofownership and transfer \nof movable property are determined by the law of the \nowner's domicile. [Cases: Property C=>6; Taxation \n2211.] \n\"The maxim mobilia sequuntur personam is the excep \ntion rather than the rule, and is probably to be confined \nto certain special classes of general assignments such \nas marriage settlements and devolutions on death and \nbankruptcy.\" Handel v. S/atford, 1953 Q.B. 248, 257 (Eng. \nC.A.). \n\"Under the influence of Savigny many Continental systems \nin the mid-nineteenth century led the way for Anglo-Amer\nican law in limiting the operation"}
{"text": "igny many Continental systems \nin the mid-nineteenth century led the way for Anglo-Amer\nican law in limiting the operation of the doctnne of mobilia \nsequuntur personam to universal assignments of movables, \nadopting for particular assignments the single principle \nof the lex situs of the movable.\" R.H. Graveson, Conflict of \nLaws 457 (7th ed. 1974). \nmock trial. (18c) 1. A fictitious trial organized to allow \nlaw students, or sometimes lawyers, to practice the \ntechniques of trial advocacy. 2. A fictitious trial, \narranged by a litigant's attorney, to assess trial strategy, \nto estimate the case's value or risk, and to evaluate the \ncase's strengths and weaknesses . In this procedure, \npeople from the relevant jury pool are hired to sit as \nmock jurors who, after a condensed presentation of \nboth sides, deliberate and reach a verdict (often while \nbeing observed by the participants behind a one-way \nglass). The jurors may later be asked specific ques\ntions about various arguments, techniques, and other \nissues. Because the mock jurors usu. do not know which \nside has hired them, their candid views are thought \nto be helpful in formulating trial strategies. Cf. MOOT \nCOl:RT. \nmodal legacy. See LEGACY. \nmode. (l7c) A manner of doing something <mode of \nproceeding> <mode ofprocess>. \nmodel act. (1931) A statute drafted by the National \nConference of Com missioners on Uniform State Laws \nand proposed as gUideline legislation for the states to \nborrow from or adapt to suit their individual needs . \nExamples of model acts include the Model Employment \nTermination Act and the Model Punitive Damages Act. \nCf. UNIFORM LAW; UNIFORM ACT. \nModel Code of Professional Responsibility. A set of \ngUidelines for lawyers, organized in the form of canons, \ndiSciplinary rules, and ethical considerations . Pub\nlished by the ABA in 1969, this code has been replaced \nin most states by the Model Rules of Professional \n\n1095 \nConduct as the ethical standards by which lawyers are \nregulated and disciplined, although the Model Code \ncontinues to be used to interpret and apply the Model \nRules. [Cases: Attorney and Client (;::::> 32(2).] \nmodel jury charge. See model jury instruction under \nJURY INSTRUCTION. \nmodel juryinstruction. See fURY INSTRUCTION. \nModel Marriage and Divorce Act. See UNIFORM \nMARRIAGE AND DIVORCE ACT. \nModel Penal Code. A proposed criminal code drafted \nby the American Law Institute and used as the basis for \ncriminal-law revision by many states. -Abbr. MPC. \nModel Penal Code test. See SUBSTANTIAL-CAPACITY \nTEST. \nModel Putative Fathers Act. See UNIFORM PUTATIVE \nAND UNKNOWN FATHERS ACT. \nModel Rules of Professional Conduct. A set ofethical \nguidelines for lawyers, organized in the form of 52 \nrules some mandatory, some discretionary \ntogether with explanatory comments. -Published by \nthe ABA in 1983, these rules have generally replaced \nthe Model Code of Professional Responsibility and have \nbeen adopted as law, sometimes with modifications, by \nmost states. The Model Code of Professional Respon\nsibility is sometimes used to interpret and apply the \nModel Rules. [Cases: Attorney and Client (;::::>32(2).] \nModel State Trademark Bill. A proposed statute intended \nto standardize trademark laws among the states. -The \nbill was first promulgated by the International Trade\nmark Association (then called the United States Trade\nmark Association) in 1949. -Abbr. MSTB. \nmodel statute. See uniform statute under STATUTE. \nmoderamen inculpatae tutelae (moh-da-ray-man in-kal\npay-tee t[y]oo-tee-lee). 1. [Law Latin] Hist. The degree \nofforce justified in self-defense. 2. A plea ofjustifiable \nself-defense. -Also termed inculpatae tutelae mod\neratio (mod-a-ray-shee-oh). \nmoderate castigavit (mod-a-ray-tee kas-ta-gay-vit). \n[Latin \"he moderately chastised\"] Hist. A plea justify\ning a trespass because it is really a chastisement that the \ndefendant is legally entitled to inflict on the plaintiff \nbecause of their relationship. \nmoderate force. See nondeadly force under FORCE. \nmoderator. (16c) 1. One who presides at a meeting or \nassembly. See CHAIR (1). 2. Scots law. The person who \npresides in a public assembly; specif., the elected chair \nof the General Assembly of the Church of Scotland or \nanother Presbyterian church, of a presbytery, or of a \nkirk session. \nmodiatio (moh-dee-ay-shee-oh), n. [Latin] Hist. A duty \npaid for every tierce ofwine. See PRISAGE. \nmodica differentia (mod-i-k<:l dif-<:l-ren-shee-<:l). [Latin] \nScots law. A moderate difference, esp. in price. \nmodification. (l7c) 1. A change to something; an altera\ntion <a contract modification>. [Cases: Contracts \n236.]2. A qualification or limitation of something <a Modus Tenendi Pariiamentum \nmodification of drinking habits>. 3. Parliamentary \nlaw. A change in a motion that its mover initiates or \naccepts, usu. before the chair has stated the motion. \n_ The mover controls a motion only until the chair \nstates the question, after which the motion belongs to \nthe assembly and the mover cannot modify it without \nthe assembly's permission. See request for permission \nto modify a motion under REQUEST. \nmodification order. Family law. A post-divorce order \nthat changes the terms ofchild support, custody, visita\ntion, or alimony. _ A modification order may be agreed \nto by the parties or may be ordered by the court. The \nparty wishing to modify an existing order must show \na material change in circumstances from the time \nwhen the order sought to be modified was entered. See \nCHANGE IN CIRCUMSTANCES. [Cases: Child Custody \nC'='661; Child Support (;:::)342; Divorce (;:::>245(3).J \nModified Accelerated Cost Recovery System. See \nACCELERATED COST RECOVERY SYSTEM. \nmodified-comparative-negligence doctrine. See \n50-PERCENT ReLE. \nmodius (moh-dee-<:ls), n. [Latin \"a measure\"] Hist. 1. A \nbushel. 2. An uncertain measure, as of land. \nmodo et forma (moh-doh et for-rna). [Latin] In manner \nand form. -In common-law pleading, this phrase \nbegan the conclusion of a traverse. Its object was to \nput the burden on the party whose pleading was being \ntraversed not only to prove the allegations of fact but \nalso to establish as correct the manner and form ofthe \npleading. - Also termed manner andform. \nmodus (moh-d<:ls), n. [Latin \"mode\"]l. Criminal pro\ncedure. The part of a charging instrument describing \nthe manner in which an offense was committed. 2. \nRoman & civil law. Mode; manner; consideration, esp. \nthe manner in which a gift, bequest, servitude, etc. is to \nbe employed. 3. Eccles. law. See DE MODO DECIMANDI. \nCf. MODUS OPERANDI. \nmodus decimandi (moh-d<:ls des-a-man-dI). See DE \ni \nMODO DECIMANDI. \nmodus de non decimando (moh-das dee non des-<:l-man\ndoh). See DE NON DECIMANDO. \nmodus habilis (moh-d<:ls hab-<:l-lis). [Latin] A valid \nmanner (in proving a debt, etc.). \ni modus operandi (moh-d<:ls op-<:l-ran-dl or -dee). [Latin \n\"a manner of operating\"] (17c) A method of operating \nor a manner of procedure; esp. a pattern of criminal \nbehavior so distinctive that investigators attribute \nit to the work of the same person <staging a fight at \nthe train station was part of the pickpocket's modus \noperandi>. Abbr. M.O. PI. modi operandi. \nmodus tenendi (moh-das ta-nen-dl). [Latin] Hist. The \nmanner of holding. -This phrase referred to the differ\nent types oftenures by which estates were held. \nI Modus Tenendi Parliamentum (moh-d<:ls ta-nen-dT \n'pahr-Ia-men-tam). [Law Latin \"the manner ofholding \nParliament\"] Hist. A 14th-century writing on the \n\n1096 modus transferendi \npowers of Parliament, translated in the 17th century \nand edited by T.D. Hardy in 1846. \nmodus transferendi (moh-dds trans-fd-ren-dI). [Law \nLatin] Hist. The manner of transferring. Also spelled \nmodus transferrendi. Cf. TITULUS TRANSFERENDI. \nmodus vacandi (moh-dds vd-kan-dI). [Law Latin] Hist. \nThe manner ofvacating. This term was often used in \ndetermining the circumstances under which a vassal \nsurrendered an estate to a lord. \nmodus vivendi (moh-dds vi-ven-dI or -dee). [Latin \n\"means of living (together),,] Int'llaw. A temporary, \nprovisional arrangement concluded between subjects \nof international law and giving rise to binding obliga\ntions on the parties. \n\"[Modus vivenqi] is an instrument of toleration looking \ntowards a settlement, by preparing for or laying down \nthe basis of a method of living together with a problem \nor by bridging over some difficulty pending a permanent \nsettlement. Normally it is used for provisional and interim \narrangements which ultimately are to be replaced by a \nformal agreement of a more permanent and detailed \ncharacter. There is no clear distinction of a modus vivendi \nfrom other treaties. The most distinguishing feature is its \nprovisional character; nevertheless a modus vivendi may be \nexercised for an indefinite period of time if it is prolonged \nsine die or if a defi nitive solution to the problem cannot be \nreached by treaty. Some 'temporary' arrangements have \nactually turned out to be quite durable.\" Walter Rudolf, \n\"Modus Vivendi,'\" in 3 Encvclopedia ofPublic International \nLaw 443 (1997). \nmoeble (myoo-boJl), adj. [Law French] Hist. Movable, as \nin the phrase biens moebles (\"movable goods\"). \nmoiety (moy-;>-tee). (15c) 1. A half of something (such \nas an estate). -Also termed mediety. 2. A portion less \nthan half; a small segment. 3. In federal customs law, \na payment made to an informant who assists in the \nseizure of contraband, the payment being no more than \n25% of the contraband's net value (up to a maximum \nof$250,000). 19 DSCA  1619. \nmoiety act. (1875) Criminal law. A law providing that a \nportion (such as half) of an imposed fine will inure to \nthe benefit of the informant. [Cases: Fines \nmole. (1922) A person who uses a long affiliation with an \norganization to gain access to and betray confidential \ninformation. \nmolestation. (15c) 1. The persecution or harassment \nof someone <molestation of a witness>. 2. The act of \nmaking unwanted and indecent advances to or on \nsomeone, esp. for sexual gratification <sexual moles\ntation>. -molest, vb. -molester, n. \nchild molestation. (1951) Any indecent or sexual \nactivity on, involving, or surrounding a child, usu. \nunder the of 14. See Fed. R. Evid. 414(d). [Cases: \nInfants \nMolineux rule. New York law. The principle that \nevidence of prior crimes is inadmissible when offered \nto prove the defendant's bad character and to show \nthat the defendant is therefore more likely than not to \nhave committed the crime charged. -The evidence is \nadmissible if offered to prove something other than criminal propensity, such as motive, identity, absence \nof mistake or accident, intent, or the existence of a \ncommon scheme or plan. The rule was first handed \ndown in People v. Molineux, 61 N.E. 286 (N.Y. 1901). \n[Cases: Criminal Law C?369, 371.] \nmoliturae (mol-i-t[y]uur-ee or -chuur-ee). fLaw Latin] \nScots law. Tolls for grinding grain; multures. See CUM \nASTRICTIS MULTURIS. \nmolliter manus imposuit (mol-;>-tdr man-;:lS im-poz-[y] \noJ-wit). [Latin] Hist. He gently laid hands upon . This \nphrase was used in actions of trespass and assault to \njustify a defendant's use of force as reasonable, as when \nit was necessary to keep the peace. \nmonarchy. (14c) A government in which a single person \nrules, with powers varying from absolute dictatorship \nto the merely ceremonial. \nlimited monarchy. A monarchical form ofgovernment \nin which the monarch's power is subject to constitu\ntional or other restraints. Also termed constitu\ntional monarchy. \nmoneta (md-nee-t d), n. [Latin] Money. \nmonetagium (mon-;>-tay-jee-dm), n. [Law Latin \n\"mintage\"] Hist. l. The right to coin money; mintage. \n2. A tribute paid by s tenant to persuade a lord not to \nchange coinage. \nmonetarism (mon-i-td-riz-;>m). An economic theory \nclaiming that the money supply is the basic influence \non the economy . The theory was originated by Milton \nFriedman in the late 1960s. \nmonetary, adj. 1. Of or relating to money <monetary \nvalue> <monetary damages>. 2. Financial <monetary \nservices"}
{"text": "relating to money <monetary \nvalue> <monetary damages>. 2. Financial <monetary \nservices> <monetary investments>. \nmonetary bequest. See pecuniary bequest under \nBEQUEST, \nmoney. (14c) 1. The medium of exchange authorized or \nadopted by a government as part of its currency; esp. \ndomestic currency <coins and currency are money>. \nUCC  1-201(24).2. Assets that can be easily converted \nto cash <demand deposits are money>. 3. Capital that \nis invested or traded as a commodity <the money \nmarket> 4. (pl.) Funds; sums of money <investment \nmoneys>. Also spelled (in sense 4) monies. See \nMEDIUM OF EXCHANGE; LEGAL TENDER. \ncurrent money. Money that circulates throughout a \ncountry; currency. \ne-money. Money or a money substitute that is trans\nformed into information stored on a computer or \ncomputer chip so that it can be transferred over infor\nmation systems such as the Internet. Cf. e-check under \nCHECK. -Also termed digital cash; electronic cash; \nelectronic currency; Internet scrip; on-line scrip. \nfiat money. Paper currency not backed by gold or \nsilver. -Also termed flat money. \nhard money. 1. Coined money, in contrast to paper \ncurrency. 2. Cash. \n\nlawful money. Money that is legal tender for the \npayment ofdebts. \npaper money. Paper documents that circulate as \ncurrency; bills drawn by a government against its \nown credit. \nreal money. 1. Money that has metallic or other intrin\nsic value, as distinguished from paper currency, \nchecks, and drafts. 2. Current cash, as opposed to \nmoney on account. \nmoney bequest. See pecuniary bequest under BEQUEST. \nmoney bill. See revenue bill under BILL (3). \nmoney broker. See BROKER. \nmoney changer. One whose primary business is exchang\ning currencies. \nmoney claim. Hist. Under the English Judicature Act \nof 1875, money claimed as damages, as for breaches of \ncontract and rent arrearages. \nmoney count. See COUNT. \nmoney demand. (1821) A claim for a fixed, liquidated \nsum, as opposed to a damage claim that must be \nassessed by a jury. [Cases: Damages (';:::,200.] \nmoneyed capital. See CAPITAL. \nmoneyed corporation. See CORPORATION. \nmoney had and received. See action for money had and \nreceived under ACTION (4). \nmoney judgment. See JUDGMENT. \nmoney land. Money held in a trust providing for its con\nversion into land. \nmoney-laundering, n. (1974) The act of transferring \nillegally obtained money through legitimate people or \naccounts so that its original source cannot be traced. \n Money-laundering is a federal crime. 18 USCA \n 1956. It is also addressed by state governments, e.g., \nthrough the Uniform Money Services Act. Because \nsome money-laundering is conducted across national \nborders, enforcement of money-laundering laws often \nrequires international cooperation, fostered by \nnizations such as Interpol. [Cases; United States \n34.] \nmoney made. A sheriff's return on a writ of execution \nsignifying that the sum stated on the writ was collected. \n[Cases; Execution \nmoney market. See MARKET. \nmoney-market account. An interest-bearing account at \na bank or other financial institution . Such an account \nusu. pays interest competitive with money-market \nfunds but allows a limited number oftransactions per \nmonth. See money market under MARKET. \nmoney-market fund. See MUTUAL FUND. \nmoney order. (1802) A negotiable draft issued by an \nauthorized entity (such as a bank, telegraph company, \npost office, etc.) to a purchaser, in lieu of a check to be \nused to pay a debt or otherwise transmit funds upon the \ncredit of the issuer. [Cases; Postal Service (>:\"J 18.] money paid. See action for money paid under ACTION \n(4). \nmoney-purchase plan. See EMPLOYEE BENEFIT PLAN. \nmoney scrivener. A money broker; one who obtains \nmoney for mortgages or other loans. \nmoney service business, n. A nonbank entity that \nprovides mechanisms for people to make payments or \nto obtain currency or cash in exchange for payment \ninstruments . Money service businesses do not accept \ndeposits or make loans. They include money transmit\nters, payment instrument sellers, stored-value provid\ners, check cashers, and currency exchangers. Also \ntermed nonbank financial institution; nondepository \nprovider offinancial services. \nmoney supply. 1he total amount ofmoney in circulation \nin the economy. See Ml: M2; M3. \nmonger (mang-g;lr). Archaic. A seller of goods; a dealer \n<moneymonger>. \nmonier (moh-nyair or m<ln-ee-;lr), n. [fro Law Latin mon\netarius ~a moneyer\"] Hist. 1. A minister ofthe mint. 2. \nA banker; a dealer in money. -Also spelled moneyer. \nmonies. See MONEY (4). \nmoniment. Archaic. A memorial; a monument. \nmonition (ma-nish-;m), n. (14c) 1. Generally, a warning \nor caution; ADMONITION. 2. Civil & maritime law. \nA summons to appear in court as a defendant or to \nanswer contempt charges. [Cases; Admiralty (;::>44, \n46; Contempt (;::>55.) 3. Eccles. law. A formal notice \nfrom a bishop demanding that an offense within the \nclergy be corrected or avoided. -monish (mon-ish), \nvb. -monitory (mon-d-tor-ee), adj. \nmonitory letter. Eccles. law. Admonitory communica\ntions sent from an ecclesiastical judge to staff members \nin response to reported abuses or scandals. \nmonocracy (ma-nok-ra-see). A government by one \nperson. \nmonocrat (mon-d-krat). A monarch who governs \nalone. \nmonogamy (m;l-nog-d-mee), n. (lSc) L The custom prev\nalent in most modern cultures restricting a person to \none spouse at a time. 2. The fact of being married to \nonly one spouse. Cf. BIGAMY; POLYGAMY. -monoga\nmous, adj. -monogamist, n. \nmonomachy (m<'l-nom-<'l-kee). Hist. See DUEL (2). \nmonomania (mon-<'l-may-nee-d). (1823) Insanity about \nsome particular subject or class of subjects, usu. mani\nfested by a single insane delusion . A will made by \nsomeone suffering from this condition is usu. held valid \nunless the evidence shows that particular provisions in \nthe will were influenced by the insane delusion. [Cases: \nMental Health e:-~3.Ll -monomaniacal, adj. \nmonomaniac, n. \nmonopolist (ma-nop-<'l-list), n. 1. One who has a \nmonopoly; specif., a seller or combination of sellers \nwho can alter the price of a product in the market by \nchanging the quantity sold. By reducing output, a \n\n1098 monopolium \nmonopolist can raise the price above the cost of supply\ning the market. 2. A proponent ofa monopoly. \nmonopolium (mon-a-poh-lee-am). [Latin fro Greek \nmonopoliol1 \"a selling alone\"] Hist. The sole power of \nsale; a monopoly. \nmonopolization, n. (18c) The act or process of obtaining \na monopoly. -In federal antitrust law, monopoliza\ntion is an offense with two elements: (1) the possession \nof monopoly power that is, the power to fix prices \nand exclude competitors -within the relevant market, \nand (2) the willful acquisition or maintenance of that \npower, as distinguished from growth or development as \na consequence of a superior product, business acumen, \nor historical accident. United States v. Grinnell Corp., \n384 U.S. 563, 86 S.Ct. 1698 (1966). [Cases: Antitrust and \nTrade Regulation (;=::-619.] monopolize, vb. \nattempted monopolization. The effort to monopolize \nany part of interstate or foreign commerce, consist\ning in (1) a specific intent to control prices or destroy \ncompetition in the relevant market, (2) predatory \nor anticompetitive conduct, and (3) a \"dangerous \nprobability\" of success in achieving monopoly in the \nrelevant market. \nmonopoly, n. (16c) 1. Control or advantage obtained by \none supplier or producer over the commercial market \nwithin a given region. Cf. OLIGOPOLY. 2. The market \ncondition existing when only one economic entity \nproduces a particular product or provides a particular \nservice. _ The term is now commonly applied also to \nsituations that approach but do not strictly meet this \ndefinition. [Cases: Antitrust and Trade Regulation \n619.} -monopolistic, adj. -monopolist, n. \n\"[Ninety per cent] is enough to constitute a monopoly: it \nis doubtful whether sixty or sixtyfour per cent is enough; \nand certainly thirtythree per cent is not.\" United States \nv. Aluminum Co. of Am., 148 F.2d 416, 424 (2d Gr. 1945) \n(Hand, j.). \n\"In the modern sense, a monopoly exists when all, or \nso nearly all, of an article of trade or commerce within \na community or district, is brought within the hands of \none person or set of persons, as practically to bring the \nhandling or production of the commodity or thing within \nsuch single control to the exclusion of competition or free \ntraffic therein. A monopoly is created when, as the result \nof efforts to that end, previously competing businesses are \nso concentrated in the hands of a single person or corpo \nration, or a few persons or corporations acting together, \nthat they have power, for all practical purposes, to control \nthe prices of a commodity and thus to suppress compe \ntition. In brief, a monopoly is the practical suppression \nof effective business competition which thereby creates \na power to control prices to the public harm.\" 54A Am. \njur. 2d Monopolies, Restmints of Trade, and Unfair Trade \nPractices  781, at 107 (1996). \nbilateral monopoly. A hypothetical market condi\ntion in which there is only one buyer and one seller, \nresulting in transactional delays because either party \ncan hold out for a better deal without fearing that the \nother party will turn to a third party. \nlegal monopoly. The exclusive right granted by govern\nment to business to provide utility services that are, in turn, regulated by the government. [Cases: Public \nUtilities (;=::-113.] \nnatural monopoly. A monopoly resulting from a cir\ncumstance over which the monopolist has no power, \nas when the market for a product is so limited that \nonly one plant is needed to meet demand. \n3. Patents. The exclusive right of a patentee to make, use, \nsell, offer for sale, or import an invention for a certain \nperiod of time, subject to the rights of the owners of \nother patents that would be infringed. [Cases: Patents \n185.] \n\"[TJhe statute of monopolies, 21 jac. I. c. 3, allows a royal \npatent of privilege to be granted for fourteen years to \nany inventor of a new manufacture, for the sole working \nor making of the same; by virtue whereof a temporary \nproperty becomes vested in the patentee.\" William Black\nstone, 2 Commentaries on the Laws of England 407 \n(1766). \nmonopoly leveraging. A theory ofliability holding that \na party violates the antitrust laws when it exploits its \nmonopoly power in one market to gain a competitive \nadvantage in another market. \nmonopoly power. The power to control prices or to \nexclude competition. -The size of the market share \nis a primary determinant ofwhether monopoly power \nexists. [Cases: Antitrust and Trade Regulation \n641.] \nmonopsony (m<l-nop-sa-nee), n. (1933) A market situ\nation in which one buyer controls the market. [Cases: \nAntitrust and Trade Regulation -monop\nsonistic, adj. \n\"Monopsony is often thought of as the flip side of \nmonopoly. A monopolist is a seller with no rivals; a man \nopsonist is a buyer with no rivals. A monopolist has power \nover price exercised by limiting output. A monopsonist \nalso has power over price, but this power is exercised by \nlimiting aggregate purchases. Monopsony injures efficient \nallocation by reducing the quantity of the input product \nor service below the efficient level.\" Lawrence A. Sullivan \n& Warren S. Grimes, The Law of Antitrust: An Integrated \nHandbook 137-38 (2000). \nMonroe Doctrine. The principle that the United States \nwill allow no intervention or domination in the Western \nHemisphere by any non-American nation. _ This prin\nciple, which has some recognition in international law \n(though not as a formal doctrine), was first announced \nby President James Monroe in 1823. \n\"The Monroe doctrine is a policy which the United States \nhas followed in her own interest more or less consistently \nfor more than a century, and in itself is not contrary to \ninternational law, though possible applications of it might \neasily be so. But it certainly is not a rule of international \nlaw. It is comparable to policies such as the 'balance of \npower' in Europe, or the British policies of maintaining the \nindependence of Belgium or the security of our searoutes \nto the East, or the former japanese claim to something like \na paramount influence over developments in the Far East. \nApart from other objections, it is impossible to regard as \na rule of law a doctrine which the United States claims the \nsale right to interpret, which she interprets in different \nsenses at different times, and which she applies only as \nand when she chooses. Nor is the doctrine, as Article 21 \nof the Covenant described it, a 'regional understanding', \nfor the other states of the region concerned, that is to say, \nthe Continent of America, have never been parties to it \n\n1099 moot"}
{"text": "the region concerned, that is to say, \nthe Continent of America, have never been parties to it \n\n1099 moot court \nand indeed have often resented it.\" J.L. Brierly, The Law of \nNations 314 (5th ed. 1955). \nmonstrans de droit (mon-str<}nz d<} droyt). [Law French] \nHist. A manifestation ofright as a method of obtaining \nrestitution from the Crown . It was replaced by the \nwrit of right. Currently, restitution is obtained by an \nordinary action against the government. \nmonstrans de faits (mon-str<}nz d<} fay[ts]). [Law French] \nHist. A showing ofdeeds; a profert. \nmonstraverunt (mon-strd-veer-;mt). [Latin \"they have \nshowed\"] Hist. A writ of relief for tenants of ancient \ndemesne who were distrained by their lord to do more \nthan the tenure required. Also termed writ ofmon\nstral'erunt. \n'The little writ serves the turn of a man who claims land \naccording to the custom of the manor; but the tenants of \nwhom we are speaking are protected, and protected col \nlectively, against any increase of their services. This is very \nplain when the manor is in the hands of a mesne lord. If he \nattempts to increase the customary services, some of the \ntenants, acting on behalf of all, will go to the royal chancery \nand obtain a writ against him. Such a writ begins with the \nword Monstraverunt. The king addresses the lord: 'A, \nBand C, men of your manor of X, which is of the ancient \ndemesne of the crown of England, have shown us that you \nexact from them other customs and services than those \nwhich they owe, and which their ancestors did in the time \nwhen that manor was in the hands of our predecessors, \nkings of England; therefore we command you to cease from \nsuch exactions, otherwise we shall order our sheriff to \ninterfere.\" 1 Frederick Pollock & FrederiC W. Maitland, The \nHistory ofEnglish Law Before the Time ofEdward 1388 (2d \ned. 1898). \nmontes pietatis (mon-teez pI-d-tay-tis). [Latin \"moun\ntains of piety\"] Hist. Institutions established to lend \nmoney upon pledges of goods. \nMontevideo Treaty. Copyright. An 1889 copyright treaty \namong Western Hemisphere nations, based on the \nBerne Convention but affording less copyright protec\ntion. \nmonth. (18c) (bef. 12c) 1. One of the twelve periods of \ntime in which the calendar is divided <the month of \nMarch>. Also termed calendar month; civil month. \n[Cases: Time 2. Any time period approximating \n30 days <due one month from today>. 3. At common \nlaw, a period of28 days; the period of one revolution \nof the moon <a lunar month>. Also termed lunar \nmonth. 4. One-twelfth of a tropical year; the time it \ntakes the sun to pass through one sign of the zodiac, \nusu. approximating 30 days <a solar month> Also \ntermed solar month. \nmonth-to-month lease. See LEASE. \nmonth-to-month tenancy. See periodic tenancy under \nTENANCY. \nMontreal Agreement. A private agreement, Signed by \nmost international airlines, waiving both the Warsaw \nConvention's limitation on liability for death and per\nsonal-injury cases (currently about $20,000) and the \nairline's due-care defenses, raising the liability limit \nper passenger to $75,000, and providing for absolute \nliability on the part of the carrier (in the absence of passenger negligence) for all flights originating, \nstopping, or terminating in the United States . The \nMontreal Agreement was the result of negotiations in \n1965 and 1966 follOWing the United States' denuncia\ntion ofthe Warsaw Convention, based primarily on its \nlow liability limits. -Also termed Agreement Relating \nto Liability Limitation ofthe Warsaw Convention and \nthe Hague Protocol. [Cases: Carriers C::)307; Treaties \nC::='8.] \nmonument, n. (I5c) 1. A written document or record, \nesp. a legal one. 2. Any natural or artificial object that \nis fixed permanently in land and referred to in a legal \ndescription ofthe land. [Cases: Boundaries 5.)\nmonumental, adj. \nmural monument. A monument set into or otherwise \nmade part ofa wall. \nnatural monument. A nonartificial permanent thing \non land, such as a tree, river, or beach. -Also termed \nnatural object. [Cases: Boundaries \nMoody's Investor's Service. An investment-analysis and \nadVisory service . Moody's rates the financial strength \nofbusinesses from Aaa (strongest) to Aa, A, Baa, and so \non to C. 'The grade may also be modified with a 1,2, or \n3 according to the business's relative strength among \nsimilar companies. -Often shortened to Moody's. \nmoonlighting. (1957) The fact or practice ofworking at \na second job after the hours of a regular job. -Also \ntermed dual employment; multiple job-holding. \nI moonshine. (18c) Slang. A distilled alcoholic beverage, \nesp. whiskey, that is illegally manufacturecl. [Cases: \nIntoxicating Liquors C=' l37.) \nmoorage. 1. An act of mooring a vessel at a wharf. 2. A \nmooring charge. [Cases: Wharves 15.] \nmoored in safety. Marine insurance. (Of a vessel) located \nin a usual place for landing or loading cargo, free from \nany imminent peril insured against. [Cases: Insurance \nC::='2214.] \nmoot, adj. (16c) 1. Archaic. Open to argument; debat\nable. 2. Having no practical significance; hypotheti\ncalor academic <the question on appeal became moot \nonce the parties settled their case>. -mootness, n. \nmoot, vb. (bef. 12c) 1. Archaic. To raise or bring forward \n(a point or question) for discussion. 2. To render (a \nquestion) moot or of no practical significance. \nmoot case. A matter in which a controversy no longer \nexists; a case that presents only an abstract question \nthat does not arise from existing facts or rights. [Cases: \nAction Federal Courts C::=' 12.l.] \nmoot court. (I8c) 1. A fictitious court held usu. in law \nschools to argue moot or hypothetical cases, esp. at the \nappellate level. 2. A practice session for an appellate \nargument in which a lawyer presents the argument \nto other lawyers, who first act as judges by asking \nquestions and who later provide criticism on the \nargument. -Also termed practice court. Cf. MOCK \nTRIAL. \n\nmoot man. Hist. A person who argued cases in the Inns \nof Court. \nmootness doctrine. (1963) 1be principle that American \ncourts will not decide moot cases -that is, cases in \nwhich there is no longer any actual controversy. Cf. \nRIPENESS. [Cases: Action ~6;Appeal and Error ~ \n781; Federal Courts (;:;,) 12.1.] \nmop fair. See STATUTE FAIR. \nmora (mor-a), n. [Latin] Roman law. Willful delay or \ndefault in fulfilling a legal obligation . A creditor or \ndebtor in mora could be required to pay interest on any \nmoney owed. \n\"The word mora means delay or default. In its technical \nsense it means a culpable delay in making or accepting \nperformance .... The definition includes both mora deb;\ntoris and mora creditoris. In French law and other civil law \nsystems mora debitoris seems (sometimes, if not always) \nto occur as a mean term between failure to perform a duty \ntimeously and liability for breach .... Mora usually attaches \nto a debtor, but it may also attach to a creditor who fails \nto accept performance duly tendered ....\" R.w. Lee, An \nIntroduction to Roman-Dutch Law 445 (4th ed. 1946). \n\"Mora. This was wrongful failure to discharge a legal obliga\ntion on demand made at a fitting time and place. It must be \nwilful: failure to appear, by mistake, or in a bona (ide belief \nthat there was no obligatiO, or doubt about it, or by mishap, \ndid not suffice to put a debtor in mora.\" W.W. Buckland, A \nManual ofRoman Private Law 338 (2d ed. 1939). \nmora (mor-a), n. [Law Latin] Hist. A moor; unprofitable \nground. \nmoral absolutism. The view that a person's action can \nalways properly be seen as right or wrong, regardless \nof the situation or the consequences. -Also termed \nethical absolutism; objective ethics. Cf. MORAL RELA\nTIVISM. \nmoral certainty. (17c) Absolute certainty . Moral cer\ntainty is not required to sustain a criminal conviction. \nSee REASONABLE DOUBT; proof beyond a reasonable \ndoubt under PROOF. [Cases: Criminal Law C=-561(1).) \nmoral coercion. See UNDGE INFLUE!'oICE (1). \nmoral consideration. See good consideration (1) under \nCONSIDERATIO!'ol (1). \nmoral depravity. See MORAL TURPITUDE (1). \nmoral duress. See DURESS. \nmoral duty. See DUTY (1). \nmoral evidence. See EVIDENCE. \nmoral fraud. See actualfraud under FRAUD. \nmoral hazard. See HAZARD (2). \nmorality. (14c) 1. Conformity with recognized rules of \ncorrect conduct. 2. The character of being virtuous, \nesp. in sexual matters. \n\"[Tlhe terms 'morality' and 'immorality' ... are understood \nto have a sexual connotation. In fact, the terms 'ethics' and \n'morals' are no longer interchangeable in everyday speech. \nA governmental offiCial arraigned on a 'morals charge' will \nbe accused of something quite different from one accused \nof an 'ethics Violation.'\" William P. Golding, Philosophy of \nLaw 5S (1975). \n3. A system of duties; ethics. private morality. (18c) A person's ideals, character, and \nprivate conduct, which are not valid governmental \nconcerns if the individual is to be considered sover\neign over body and mind and ifthe need to protect the \nindividual's physical or moral well-being is insuffi\ncient to justify governmental intrusion . In his essay \nOn Liberty (1859), John Stuart Mill distingUished \nbetween conduct or ideals that affect only the indi\nvidual from conduct that may do harm to others. Mill \nargued that governmental intrusion is justified only \nto prevent harm to others, not to influence a person's \nprivate morality. \npublic morality. (lSc) 1. The ideals or general moral \nbeliefs ofa society. 2. The ideals or actions of an indi\nvidual to the extent that they affect others. \nmoral law. (lSc) A collection of principles defining right \nand wrong conduct; a standard to which an action must \nconform to be right or virtuous. \n\"It quite often happens that the moral law disapproves of \nsomething which the secular permits as a concession to \nhuman frailty.\" Patrick Devlin, The Enforcement of Morals \n78 (1968). \nmoral necessity. See NECESSITY. \nmoral obligation. See OBLIGATION. \nmoral person. See artificial person under PERSON (3). \nmoral relativism. The view that there are no absolute or \nconstant standards ofright and wrong. Also termed \nethical relativism; subjective ethics. Cf. MORAL ABSO\nLUTISM. \nmoral right. (usu. pl.) Copyright. The right ofan author \nor artist, based on natural-law principles, to guaran\ntee the integrity of a creation despite any copyright or \nproperty-law right ofits owner.  Moral rights include \nrights of (1) attribution (also termed \"paternity\"): the \nright to be given credit and to claim credit for a work, \nand to deny credit if the work is changed; (2) integ\nrity: the right to ensure that the work is not changed \nwithout the artist's consent; (3) publication: the right \nnot to reveal a work before its creator is satisfied with \nit; and (4) retraction: the right to renounce a work and \nwithdraw it from sale or display. Moral rights are recog\nnized by law in much ofEurope. Limited moral rights \nare recognized in the United States in 17 USCA  106A. \nCf. INTEGRITY RIGHT; ATTRIBUTION RIGHT. [Cases: \nCopyrights and Intellectual Property (;::, lO1.J \n\"The recognition of moral rights is founded in the notion \nthat works of art belong to their creators in a way that \ntranscends the sale or transfer of the work to a new owner, \nbecause the artist has imbued the work with her personal\nity.\" EriC M. Brooks, 'Titled\" Justice: Site-Specific Art and \nMoral Rights After u.s. Adherence to the Berne Convention, \n77 Cal. L. Rev. 1431, 1434 (1989). \n\"Moral rights protect an author's non-pecuniary or non\neconomic interests. The 1988 [Copyrightl Act provides \nauthors and directors with the right to be named when a \nwork is copied or communicated (the right of attribution), \nthe right norto be named as the author of a work which one \ndid not create (the right to object against false attribution), \nand the right to control the form of the work (the right \nof integrity).\" Lionel Bently & Brad Sherman, Intellectual \nProperty Law 233 (2001). \n\n1101 \nmoral suasion. The act or effort of persuading by appeal \nto principles of morality. \nmoral turpitude. (17c) 1. Conduct that is contrary to \njustice, honesty, or morality. In the area of legal \nethics, offenses involving moral turpitude such as \nfraud or breach oftrust -traditionally make a person \nunfit to practice law. -Also termed moral depravity. \n2. Military law. Any conduct for which the applicable \npunishment is a dishonorable discharge or confinement \nnot less than one year. \n\"Moral turpitude means, in general, shameful wicked \nness so extreme"}
{"text": "inement \nnot less than one year. \n\"Moral turpitude means, in general, shameful wicked \nness so extreme a departure from ordinary standards of \nhonest, good morals, justice, or ethics as to be shocking to \nthe moral sense ofthe community. It has also been defined \nas an act of baseness, vileness, or depravity in the private \nand social duties which one person owes to another, or to \nsociety in general, contrary to the accepted and customary \nrule of right and duty between people.\" 50 Am. Jur. 2d Libel \nand Slander  165, at 454 (1995). \nmoral wrong. See WRONG. \nmoral-wrong doctrine. (1962) The doctrine that if a \nwrongdoer acts on a mistaken understanding of the \nfacts, the law will not exempt the wrongdoer from cul\npability when, ifthe facts had been as the actor believed \nthem to be, his or her conduct would nevertheless be \nimmoral. [Cases: Criminal Law (;=33.] \nmorandae solutionis causa (ma-ran-dee sa-Ioo-shee-oh\nnis kaw-za). [Latin] Hist. For the purpose of delaying \npayment. \nmoratorium (mor-a-tor-ee-Jm). (1875) 1. An authorized \npostponement, usu. a lengthy one, in the deadline for \npaying a debt or performing an obligation. 2. The period \nof this delay. 3. The suspension of a specific activity. PI. \nmoratoriums, moratoria. \nmoratory (mor-J-tor-ee), adj. (1891) Of or relating to a \ndelay; esp. of or relating to a moratorium. \nmoratory damages. See DAMAGES. \nmoratory interest. See prejudgment interest under \nINTEREST (3). \nmore burg; (mor-ee b;}r-jI). [Law Latin] Hist, According \nto the custom in burgage-tenure. See BURGAGE-TENURE \n(2). \nmore or less. (Of a quantity) larger or smaller . This \nphrase often appears in deeds <the property contains \n120 acres, more or less> and sometimes in contracts \n<seller's wheat field will produce 50 bushels per acre, \nmore or less>. It qualifies a good-faith representation \nof quantity. By using the phrase, the parties mutually \nacknowledge that the true circumstances may differ \nfrom what the parties believe they are when the contract \nis made, and accept a risk that the true quantity will \nbe slightly different. When the qualifying phrase is \npresent, neither party can recover for a surplus or defi\nciency. [Cases: Deeds (;=38(1); Sales (;=71; Vendor \nand Purchaser \nmorganatic marriage. See MARRIAGE (1), \nmorgangiva (mor-gan-ja-va), n. [Law Latin \"morning \ngift\" from Old Norsel Hist. A gift made to the bride on mortgage \nthe morning after the wedding; a type of dowry. Also \nspelled morgangina. \nMorgan Nick Alert. See AMBER ALERT. \nMorgan presumption. (1948) A presumption that shifts \nthe burden of proof by requiring the person against \nwhom it operates to produce sufficient evidence to \noutweigh the evidence that supports the presumed fact, \nas in requiring a criminal defendant who was arrested \nwhile in possession of an illegal substance and is \nthereby presumed to have knOWingly possessed it -to \nproduce sufficient evidence to entitle the jury to find \nthat the defendant's evidence outweighs the evidence of \nknowing possession. See Edmund M. Morgan, Instruct\ning the Jury Upon Presumptions and Burdens ofProof, \n47 Harv. 1. Rev. 59, 82-83 (1933). Cf. THAYER PRESUMP\nTION. [Cases: Controlled Substances <2=)68; Criminal \nLaw (;=324; Evidence (:::;.-:>85.] \nmors (morz), n. [Latin \"death\"] Roman law. 1. Death. 2. \nThe punishment of death. \nmorsellum terrae (mor-sel-am ter-ee). [Law Latin \"a \nmorsel of earth\"] Hist. A small parcel of land. \nmorsel of execration. See ordeal ofthe morsel under \nORDEAL. \nmors naturalis (morz nach-a-ray-lis). See natural death \nunder DEATH. \nmortality factor. Insurance. In life-insurance ratemak\ning, an estimate of the average number of deaths that \nwill occur each year at each specific age, calculated by \nusing an actuarial table . The mortality factor is one \nelement that a life insurer uses to calculate premium \nrates. See ACTUARIAL TABLE; PREMIUM RATE_ Cf.' \nINTEREST FACTOR; RISK FACTOR. [Cases: Insurance \n(:::J 1542(1).] \n: mortality table. See ACTUARIAL TABLE. \nmort civile (mor[t] see-veel). [Law French] See CIVIL \nDEATH (t). \nmort d'ancestor (mor[t] dan-ses-tar). [Law French \"death \nof an ancestor\"] Hist. An assize founded on the death \nof an ancestor. -Also termed (in Scots law) brieve of \nmortancestry. \n\"Another of the petty assizes was that of mort d'ancestor, \nfounded on the Assize of Northhampton 1176. The question \nin this assize was whether the plaintiff's father (or other \nclose ancestor) had been seised in fee that is, of an \ninheritable estate ~ on the day he died, and whether the \nplaintiff was his next heir; if both questions were answered \nin the affirmative, the plaintiff was entitled to be put in \nseisin.\" J,H. Baker, An Introduction to English Legal History \n267-68 (3d ed. 1990). \nmortgage (mor-gij), n. (I5c) 1. A conveyance of title \nto property that is given as security for the payment \nof a debt or the performance of a duty and that will \nbecome void upon payment or performance according \nto the stipulated terms. -Also termed (archaically) \ndead pledge. [Cases: Mortgages 2. A lien against \nproperty that is granted to secure an obligation (such \nas a debt) and that is extinguished upon payment or \nperformance according to stipulated terms. [Cases: \nMortgages C:::> 145.] 3. An instrument (such as a deed \n\nor contract) specifying the terms of such a transac\ntion. 4. Loosely, the loan on which such a transaction \nis based. 5. The mortgagee's rights conferred by such \na transaction. 6. Loosely, any real-property security \ntransaction, including a deed of trust. -Abbr. M. \nmortgage, vb. \n\"The chief distinction between a mortgage and a pledge \nis that by a mortgage the general title is transferred to the \nmortgagee, subject to be revested by performance of the \ncondition; while by a pledge the pledgor retains the general \ntitle in himself, and parts with the possession for a special \npurpose. By a mortgage the title is transferred; by a pledge, \nthe possession.\" Leonard A. Jones, A Treatise on the Law of \nMortgages  4, at 5-6 (5th ed, 1908). \nadjustable-rate mortgage. A mortgage in which the \nlender can periodically adjust the mortgage's interest \nrate in accordance with fluctuations in some external \nmarket index. -Abbr. ARM. -Also termed vari\nable-rate mortgage;flexible-rate mortgage. Cf. explod\ning adjustable-rate mortgage. \nall-inclusive mortgage. See wraparound mortgage. \namortized mortgage. A mortgage in which the mort\ngagor pays the interest as well as a portion of the \nprincipal in the periodic payment. _ At maturity, the \nperiodic payments will have completely repaid the \nloan. -Also termed self-liquidating mortgage. See \nAMORTIZATION (1). Cf. straight mortgage. \nballoon-payment mortgage. A mortgage requir\ning periodic payments for a specified time and a \nlump-sum payment of the outstanding balance at \nmaturity. \nblanket mortgage. A mortgage covering two or more \nproperties that are pledged to support a debt. \nbulk mortgage. 1. A mortgage of personal property in \nbulk; a pledge of an aggregate of goods in one location. \n2. A mortgage of more than one real-estate parcel. \nchattel mortgage (chat-<)l). A mortgage on goods pur\nchased on installment, whereby the seller transfers \ntitle to the buyer but retains a lien securing the unpaid \nbalance. -Chattel mortgages have generally been \nreplaced by security agreements, which are governed \nby Article 9 of the VCe. Cf. retail installment contract \nunder CONTRACT. [Cases: Chattel Mortgages 1.] \nclosed-end mortgage. A mortgage that does not permit \neither prepayment or additional borroWing against \nthe collateral. Cf. open-end mortgage. -Also termed \nclosed mortgage. \nclosed mortgage. See closed-end mortgage. \ncollateral mortgage. Civil law. A mortgage securing a \npromissory note pledged as collateral security for a \nprincipal obligation. \ncommon-law mortgage. See deed oftrust under DEED. \nconsolidated mortgage. A mortgage created by com\nbining two or more mortgages. \nconstruction mortgage. A mortgage used to finance a \nconstruction project. contingent-interest mortgage. A mortgage whose \ninterest rate is directly related to the economic per\nformance of the pledged property. \nconventional mortgage. A mortgage, not backed by \ngovernment insurance, by which the borrower trans\nfers a lien or title to the lending bank or other financial \ninstitution. -These mortgages, which feature a fixed \nperiodic payment of principal and interest through\nout the mortgage term, are typically used for home \nfinancing. Also termed conventional loan. \ndirect-reduction mortgage. An amortized mortgage in \nwhich the principal and interest payments are paid at \nthe same time -usu. monthly in equal amounts \nwith interest being computed on the remaining \nbalance. -Abbr. DRM. \ndry mortgage. A mortgage that creates a lien on \nproperty but does not impose on the mortgagor any \npersonal liability for any amount that exceeds the \nvalue of the premises. \nequitable mortgage. A transaction that has the intent \nbut not the form of a mortgage, and that a court \nof equity will treat as a mortgage. Cf. technical \nmortgage. \n\"Courts of equity are not governed by the same principles \nas courts of law in determining whether a mortgage has \nbeen created, and generally, whenever a transaction \nresolves itself into a security, or an offer or attempt to \npledge land as security for a debtor liability, equity will \ntreat it as a mortgage, without regard to the form it may \nassume, or the name the parties may choose to give it. The \nthreshold issue in an action seeking imposition of an equi\ntable mortgage is whether the plaintiff has an adequate \nremedy at law. In applying the doctrine of equitable mort\ngages doubts are resolved in favor of the transaction being \na mortgage.\" 59 c.J.S. Mortgages  12, at 62 (1998). \nexploding adjustable-rate mortgage. An adjustable\nrate mortgage for which the lender resets the interest \nrate so high that the borrower can no longer make \npayments. -Sometimes shortened to exploding \nARM. Cf. adjustable-rate mortgage. \nextended first mortgage. See wraparound mortgage. \nFHA mortgage. A mortgage that is insured fully or par\ntially by the Federal Housing Administration. \nfirst mortgage. A mortgage that is senior to all other \nmortgages on the same property. [Cases: Mortgages \n151.J \nfixed-rate mortgage. A mortgage with an interest rate \nthat remains the same over the life of the mortgage \nregardless of market conditions. -Abbr. FRM. \nflexible-rate mortgage. 1. See adjustable-rate mortgage. \n2. See renegotiable-rate mortgage. \nflip mortgage. A graduated-payment mortgage \nallowing the borrower to place all or some of the \ndown payment in a savings account and to use the \nprincipal and interest to supplement lower mortgage \npayments in the loan's early years. \nfuture-advances mortgage. A mortgage in which part \nof the loan proceeds will not be paid until a future \ndate. [Cases: Mortgages 16, 116.] \n\n1103 \ngeneral mortgage. Civil law. A blanket mortgage against \nall the mortgagor's present and future property. La. \nCiv. Code art. 3285. \ngraduated mortgage. See graduated-payment \nmortgage. \ngraduated-payment adjustable-rate mortgage. A \nmortgage combining features of the graduated-pay\nment mortgage and the adjustable-rate mortgage. -\nAbbr. GPARM. -Also termed graduated mortgage. \ngraduated-payment mortgage. A mortgage whose \ninitial payments are lower than its later payments . \nThe payments are intended to gradually increase, as \nthe borrower's income increases over time. \ngrowing-equity mortgage. A mortgage that is fully \namortized over a Significantly shorter term than the \ntraditional 25-to 30-year mortgage, with increasing \npayments each year. -Abbr. GEM. \nindemnity mortgage. See deed oftrust under DEED. \ninterest-only mortgage. A balloon-payment mortgage \non which the borrower must at tirst make only interest \npayments, but must make a lump-sum payment of the \nfull principal at maturity. -Abbr. 10 mortgage. \nAlso termed standing mortgage; straight-term \nmortgage. \njoint mortgage. A mortgage given to two or more mort\ngagees jointly. \njudicial mortgage. Civil law. A judgment lien created \nby a recorded legal judgment. [Cases: Judgment \n752-766.J \njumbo mortgage. A mortgage loan in a principal \namount that exceed"}
{"text": "\n752-766.J \njumbo mortgage. A mortgage loan in a principal \namount that exceeds the dollar limits for a govern\nment guarantee. \njunior mortgage. A mortgage that is subordinate to \nanother mortgage on the same property. -Also \ntermed puisne mortgage. [Cases: Mortgages \n151.J \nleasehold mortgage. A mortgage secured by a lessee's \nleasehold interest. \nlegal mortgage. Civil law. A creditor's mortgage arising \nby operation oflaw on the debtor's property. Also \ntermed tacit mortgage. \nopen-end mortgage. A mortgage that allows the mort\ngagor to borrow additional funds against the same \nproperty. Cf. closed-end mortgage. \npackage mortgage. A mortgage that includes both real \nand incidental personal property, such as a refrigera\ntor or stove. \nparticipation mortgage. 1. A mortgage that permits the \nlender to receive profits of the venture in addition to \nthe normal interest payments. 2. A mortgage held by \nmore than one lender. \nprice-level-adjusted mortgage. A mortgage with a \nfixed interest rate but the principal balance ofwhich \nis adjusted to reflect inflation. -Abbr. PLAM. \npuisne mortgage. See junior mortgage. \nmortgage \npurchase-money mortgage. A mortgage that a buyer \ngives the seller, when the property is conveyed, to \nsecure the unpaid balance of the purchase price. \nAbbr. PMM. See SECURITY AGREEMENT. [Cases: \nMortgages 115.J \nrenegotiable-rate mortgage. A government-sponsored \nmortgage that requires the mortgagee to renegotiate \nits terms every three to five years, based on market \nconditions. Also termed flexible-rate mortgage; \nrollover mortgage. \nreverse annuity mortgage. A mortgage in which the \nlender disburses money over a long period to provide \nregular income to the (usu. elderly) borrower, and in \nwhich the loan is repaid in a lump sum when the \nborrower dies or when the property is sold. -Abbr. \nRAM. -Also termed reverse mortgage. \nrollover mortgage. See renegotiable-rate mortgage. \nsecond mortgage. A mortgage that is junior to a first \nmortgage on the same property, but that is senior to \nany later mortgage. [Cases: Mortgages C=>151.J \n\"A landowner who already holds land subject to a mortgage \nmay wish to hypothecate his equity. He does this by taking \nout a 'second mortgage.' Should the mortgagor default in \nhis obligation on the first mortgage, the first mortgagee \nmay foreclose. Ifthere is a deficiency upon sale, the second \nmortgagee loses his security in the eqUity because there \nis no equity. If the mortgagee does not default on the first \nmortgage, but does on the second, the second mortgagee \ncan foreclose on the mortgagor's equity. Such a foreclosure \nwould not affect the first mortgagee's rights.\" Edward H. \nRabin, Fundamentals of Modern Real Property Law 1087 \n(1974). \nself-liquidating mortgage. See amortized mortgage. \nsenior mortgage. A mortgage that has priority over \nanother mortgage (a junior mortgage) on the same \nproperty. [Cases: Mortgages C:~J151.] \nshared-appreciation mortgage. A mortgage giving the \nlender the right to recover (as contingent interest) an \nagreed percentage of the property's appreciation in \nvalue when it is sold or at some other specified, future \ndate. -Abbr. SAM. \nshared-equity mortgage. A mortgage in which the \nlender shares in the profits from the property's resale. \n The lender must usu. tirst purchase a portion of the \nproperty's equity by providing a portion ofthe down \npayment. \nspecial mortgage. Civil law. A mortgage burdening \nonly particular, specified property of the mortgagor. \nLa. Civ. Code art. 3285. \nstanding mortgage. See interest-only mortgage. \nstraight mortgage. A mortgage in which the mortgagor \nis obligated to pay interest during the mortgage term \nalong with a final payment of principal at the end of \nthe term. Cf. amortized mortgage. \nstraight-term mortgage. See interest-only mortgage. \nsubmortgage. A mortgage created when a person \nholding a mortgage as security for a loan procures \nanother loan from a third party and pledges the \nmortgage as security; a loan to a mortgagee who \n\nputs up the mortgage as collateral or security for the \nloan. \ntacit mortgage. See legal mortgage. \ntechnical mortgage. A traditional, formal mortgage, as \ndistinguished from an instrument haVing the charac\nter ofan equitable mortgage. Cf. equitable mortgage. \nVA mortgage. A veteran's mortgage that is guaranteed \nby the Veterans Administration. \nvariable-rate mortgage. See adjustable-rate \nmortgage. \nWelsh mortgage. A type of mortgage, formerly \ncommon in Wales and Ireland, by which the mort\ngagor, without promising to pay the debt, transfers \ntitle and possession ofthe property to the mortgagee, \nwho takes the rents and profits and applies them to \nthe interest, often with a stipulation that any surplus \nwill reduce the principal.  The mortgagee cannot \ncompel the mortgagor to redeem, and cannot fore\nclose the right to redeem, because no time is fixed for \npayment. The mortgagor is never in default, but may \nredeem at any time. \nwraparound mortgage. A second mortgage issued \nwhen a lender assumes the payments on the borrow\ner's low-interest first mortgage (usu. issued through \na different lender) and lends additional funds . Such \na mortgage covers both the outstanding balance of \nthe first mortgage and the additional funds loaned. \n12 CPR  226.17 cmt. 6. -Also termed extended first \nmortgage; all-inclusive mortgage. \nzero-rate mortgage. A mortgage with a large down \npayment but no interest payments, with the balance \npaid in equal installments. \nmortgage-backed security. See SECURITY. \nmortgage banker. An individual or organization that \noriginates real-estate loans for a fee, resells them to \nother parties, and services the monthly payments. \nmortgage bond. See BOND (3). \nmortgage broker. See BROKER. \nmortgage certificate. (1843) A document evidencing \npart ownership of a mortgage. \nmortgage clause. An insurance-policy provision that \nprotects the rights of a mortgagee when the insured \nproperty is subject to a mortgage . Such a clause usu. \nprovides that any insurance proceeds must be allocated \nbetween the named insured and the mortgagee \"as their \ninterests may appear.\" -Also termed mortgagee clause. \nSee LOSS-PAYABLE CLAUSE; AT1MA. [Cases: Mortgages \nC=.'201.) \nopen mortgage clause. A mortgage clause that does \nnot protect the mortgagee if the insured mortgagor \ndoes something to invalidate the policy (such as com\nmitting fraud) . This type of clause has been largely \nsuperseded by the mortgage-loss clause, which affords \nthe mortgagee more protection. Also termed simple \nmortgage clause. Cf. MORTGAGE-LOSS CLAUSE. standard mortgage clause. A mortgage clause that \nprotects the mortgagee's interest even ifthe insured \nmortgagor does something to invalidate the policy. \n In effect, this clause creates a separate contract \nbetween the insurer and the mortgagee. -Also \ntermed union mortgage clause. \nmortgage commitment. (1939) A lender's written agree\nment with a borrower stating the terms on which it will \nlend money for the purchase ofspecified real property, \nusu. with a time limitation. [Cases: Mortgages (;::. \n211.] \nmortgage company. A company that makes mortgage \nloans and then sells or assigns them to investors. \nmortgage-contingency clause. (1965) A real-estate-sale \nprovision that conditions the buyer's performance on \nobtaining a mortgage loan. [Cases: Vendor and Pur\nchaser ~)79.1 \nmortgage deed. See DEED. \nmortgage discount. (1928) The difference between the \nmortgage principal and the amount the mortgage \nactually sells for; the up-front charge by a lender at a \nreal-estate closing for the costs of financing . Although \nusu. paid by the buyer, the discount is sometimes \npaid by the seller when required by law, as with a VA \nmortgage. -Also termed point; mortgage point; loan\nbrokerage fee; new-loan fee. \nmortgagee (mor-g;)-jee). (l6c) One to whom property is \nmortgaged; the mortgage creditor, or lender. Also \ntermed mortgage-holder. [Cases: Mortgages \nmortgagee in possession. (18c) A mortgagee who takes \ncontrol of mortgaged land by agreement with the \nmortgagor, usu. upon default of the loan secured by \nthe mortgage. [Cases: Mortgages \nmortgagee clause. See MORTGAGE CLAUSE. \nmortgagee policy. A title-insurance policy that covers \nonly the mortgagee's title and not the owner's title. Cf. \nOWNER'S POLICY. [Cases: Mortgages (:::)201.] \nmortgage foreclosure. See FORECLOSURE. \nmortgage-guarantee insurance. Insurance provided \nby the Mortgage Guarantee Insurance Company \nto mortgage lenders that grant mortgages to parties \nhaving less than a 20% down payment.  The cost of \nthe insurance is included in the dosing costs. [Cases: \nMortgages C-:201.] \nmortgage-holder. See MORTGAGEE. \nmortgage insurance. See INSURANCE. \nmortgage lien. See LIEN. \nmortgage loan. See LOAN. \nmortgage-loss clause. A mortgage clause proViding that \ntitle insurance will not be invalidated by the mortgag\nor's acts . Thus, even if the mortgagor does an act that \nwould otherwise make the policy void, the act merely \nvoids the policy as against the mortgagor, but it remains \nin full force for the benefit of the mortgagee. -Also \ntermed New York standard clause; union-loss clause. Cf. \n\n1105 \nopen mortgage clause under MORTGAGE CLAUSE. [Cases: \nMortgages C~20l.] \nmortgage market. The conditions that provide the \ndemand for new mortgage loans and the later resale of \nthose loans in the secondary mortgage market. \nprimary mortgage market. The national market in \nwhich mortgages are originated. \nsecondary mortgage market. The national market in \nwhich existing mortgages are bought and sold, usu. \non a package basis. \nmortgage note. See NOTE (1). \nmortgage point. 1. See POINT (3). 2. See MORTGAGE \nDISCOUNT. \nmortgager. See MORTGAGOR. \nmortgage servicing. The administration of a mortgage \nloan, including the collection of payments, release of \nliens, and payment of property insurance and taxes . \nServicing is usu. performed by the lender or the lender's \nagent, for a fee. [Cases: Mortgages \nmortgage warehousing. An arrangement in which \na mortgage company holds loans for later resale at a \ndiscount. \nmortgaging out. The purchase of real property by financ\ning 100% of the purchase price. \nmortgagor (mor-ga-jor or mor-ga-jar). One who mort\ngages property; the mortgage-debtor, or borrower. \nAlso spelled mortgager; mortgageor. [Cases: Mortgages \n<>='23.] \nmortification. (l4c) The act of disposing of or con\ntributing property for religious, charitable, or public \npurposes. \nmortis causa (mor-tis kaw-za). See gift causa mortis \nunder GIFT. \nmortmain (mort-mayn). [French \"deadhand\"] (ISc) The \ncondition oflands or tenements held in perpetuity by \nan ecclesiastical or other corporation . Land alienated \nin mortmain is not inalienable, but it will never escheat \nor pass by inheritance (and thus no inheritance taxes \nwill ever be paid) because a corporation does not die. \nSee AMORTIZE (3); DEADHAND CONTROL. [Cases: Cor\nporations (::::::c43S; ReligiOUS Societies C=::> 15.] \nmortmain statute. (1839) A law that limits gifts and \nother dispositions ofland to corporations (esp. charita\nble ones) and that prohibits corporations from holding \nland in perpetuity. -In England, laws such as the Pro\nvisions of Westminster and Magna Carta essentially \nrequired the Crown's authorization before land could \nvest in a corporation. The object was to prevent lands \nfrom being held by religious corporations in perpetu\nity. Although this type ofrestriction was not generally \npart of the common law in the United States, it influ\nenced the enactment of certain state laws restricting \nthe amount of property that a corporation could hold \nfor religious or charitable purposes. Also termed \nmortmain act; statute ofmortmain. [Cases: Corpora\ntions C~434.1 most-significant-relationship test \nmortua manus. See DEADHAND CO:->lTROL. \nmortuary. (16c) 1. A place where cadavers are prepared \nfor burial; a place where dead bodies are held before \nburial. [Cases: Dead Bodies (::::::c2.] 2. A burial place. \n3. Hist. A customary gift left by a deceased to a parish \nchurch for past tithes owed. Also termed (in sense \n3) soul scot. \nmortuary table. See ACTUARIAL TABLE. \nmortuum vadium (mor-choo-am vay-dee-am). See "}
{"text": "ACTUARIAL TABLE. \nmortuum vadium (mor-choo-am vay-dee-am). See \nvadium mortuum under VADIUM. \nmortuus (mor-choo-<ls). adj. [Latin] Hist. 1. Dead. 2. A \nsheriff's return that the named party is dead. \nmortuus civiliter (mor-choo-as s<l-vil-a-tar). [Latin \n\"civilly dead\"] A person civilly dead, deprived of civil \nrights. See civil death under DEATH. \nmortuus sine prole (mor-choo-<ls 5I-nee proh-Iee). \n[Latin] Dead without issue. -Abbr. m.s.p. \nmost favorable light. See LIGHT MOST FAVORABLE. \nmost favored nation. A treaty status granted to a \nnation, usu. in international trade, allOWing it to enjoy \nthe privileges that the other party accords to other \nnations under similar circumstances . The primary \neffect of most-favored-nation status is lower trade \ntariffs. -Sometimes shortened to favored nation. \nAbbr. MFN. Also termed most-favored-nation status. \n[Cases: Treaties (::.:::8.] \nmost-favored-nation clause. 1. A clause in an agreement \nbetween two nations providing that each will treat the \nother as well as it treats any other nation that is given \npreferential treatment. [Cases: Treaties (;:-.:>8.] 2. By \nextension, such a clause in any contract, but esp. an oil\nand-gas contract. -Often shortened to favored-nation \nclause; MFN clause. -Also termed most-favored\nnations clause. Cf. preferential tariff under TARIFF (2). \nmost-favored-nation status. See MOST FAVORED \nNATION. \nmost-favored-nation treatment. Intellectual property. \nThe practice or policy of automatically and uncondi\ntionally granting any intellectual-property protection, \nadvantage. favor, privilege, or immunity that by treaty \nis extended to nationals of any member country to the \nnationals ofall member countries . This treatment is \nincorporated into the TRIPs agreement. Abbr. MFN \ntreatment. \nmost-favored-tenant clause. (1962) A commercial-lease \nprovision ensuring that the tenant will be given the \nbenefit of any negotiating concessions given to other \ntenants. \nmost-signifIcant-contacts test. See MOST-SIGNIFICANT\nRELATIONSHIPS TEST. \nmost-signifIcant-relationship test. (1968) Conflict of \nlaws. The doctrine that, to determine the state law to \napply to a dispute, the court should determine which \nstate has the most substantial connection to the occur\nrence and the parties . For example, in a tort case, the \ncourt should consider where the injury occurred, where \n\nmost suitable use 1106 \nthe conduct that caused the injury occurred, the resi\ndence, place of business, or place ofincorporation of the \nparties, and the place where the relationship between \nthe parties, if any, is centered. Restatement (Second) \nof Conflict of Laws  145 (1971). In a case involving a \ncontract, the court should consider where the contract \nwas made, where the contract was negotiated, where the \ncontract was to be performed, and the domicile, place \nof business, or place of incorporation of the parties. \nId.  188. Also termed most-signifIcant-contacts test. \n[Cases: Action \nmost suitable use. See highest and best use under USE \n(1). \nmost-suitable-use value. See optimal-use value under \nVALUE (2). \nmoteer (moh-teer). Hist. A customary payment or service \nmade at the lord's court. \nmother. (bef. 12c) A woman who has given birth to, \nprovided the egg for, or legally adopted a child . The \nterm is sometimes interpreted as including a pregnant \nwoman who has not yet given birth. [Cases: Parent and \nChild 1.] \nadoptive mother. See adoptive parent under PARENT. \nbiological mother. (1965) The woman who provides \nthe egg that develops into an embryo . With to day's \ngenetic-engineering techniques, the biological mother \nmay not be the birth mother, but she is usu. the legal \nmother. Also termed genetic mother; natural \nmother. [Cases: Children Out-of-Wedlock (;:::::>1.] \nbirth mother. (1958) The woman who carries an embryo \nduring the gestational period and who delivers the \nchild. When a child is conceived through artifi\ncial insemination, the birth mother may not be the \ngenetic or biological mother. And she may not be the \nlegal mother. Also termed gestational mother. See \nsurrogate mother; natural mother; biological mother. \n[Cases: Child Custody (;:::::>274.5; Child Support \n63; Children Out-of-Wedlock 15; Parent and \nChild C=;)20.] \nde facto mother. See de facto parent under PARENT. \nfoster mother. Seefoster parent under PARENT. \ngenetic mother. See biological mother. \ngestational mother. See birth mother. \ngodmother. See GODPARENT. \nintentional mother. See intentional parent under \nPARENT. \nnatural mother. 1. See birth mother. 2. See biological \nmother. \npsychological mother. See psychological parent under \nPARENT. \nstepmother. (bef. 12c) The wife ofone's father by a later \nmarriage. [Cases: Child Custody (;:::::>272; Parent and \nChild (;:::::>14.] \nsurrogate mother. (1914) 1. A woman who carries out \nthe gestational function and gives birth to a child for another; esp. a woman who agrees to provide her \nuterus to carry an embryo throughout pregnancy, \ntypically on behalf of an infertile couple, and who \nrelinquishes any parental rights she may have upon \nthe birth of the child . A surrogate mother mayor \nmay not be the genetic mother of a child. Often \nshortened to surrogate. -Also termed surrogate \nparent; gestational surrogate; gestational carrier; sur\nrogate carrier. [Cases: Child CustodyC;:)274.5; Child \nSupport Children Out-of-Wedlock (;:::::> 15; \nParent and Child (;:::::>20.] 2. A person who performs \nthe role of a mother. [Cases: Parent and Child \n15.] \nmother country. A colonizing nation; a colonial power. \nSee COLONY. \nMother Hubbard clause. (1939) 1. A clause stating that \na mortgage secures all the debts that the mortgagor \nmay at any time owe to the mortgagee. -Also termed \nanaconda clause; dragnet clause. [Cases: Mortgages \n14, 114, 121.] 2. Oil & gas. A provision in an oil\nand-gas lease protecting the lessee against errors in the \ndescription ofthe property by providing that the lease \ncovers all the land owned bv the lessor in the area . A \nMother Hubbard clause is ~ometimes combined with \nan after-acquired-titIe clause. -Also termed cover-all \nclause. 3. A court's written declaration that any relief \nnot expressly granted in a specific ruling or judgment is \ndenied. [Cases: Mines and Minerals (;::'55,73.1.] \nmother-in-law. (14c) The mother ofa person's spouse. \nmotion. (18c) 1. A written or oral application request\ning a court to make a specified ruling or order. [Cases: \nFederal Civil Procedure ()::;,921-928; Motions (;:::::> 1.] \ncalendar motion. (1930) A motion relating to the time \nof a court appearance. Examples include motions to \ncontinue, motions to advance, and motions to reset. \n[Cases: Trial (;:::::>9-16.] \ncontradictory motion. Civil law. A motion that is likely \nto be contested or that the nonmoving side should \nhave an opportunity to contest. Cf. contradictory \njudgment under JUDGMENT. \ncross-motion. A competing request for relief or orders \nsimilar to that requested by another party against the \ncross-moving party, such as a motion for summary \njudgment or for sanctions. \ndilatory motion (dil-<'l-tor-ee). (18c) 1. A motion made \nsolely for the purpose of delay or obstruction. 2. A \nmotion that delays the proceedings. \nenumerated motion. Archaic. A motion directly related \nto the proceeding or the merits of the case. \nex parte motion (eks pahr-tee), (1831) A motion made \nto the court without notice to the adverse party; a \nmotion that a court considers and rules on without \nhearing from all sides. Also termed ex parte appli\ncation. [Cases: Federal Civil Procedure C=.:c921; \nMotions (;:::::> 19.] \nmotion for reduction. Family law. A motion to lessen \nthe amount of child-support payments. -This is a \n\n1107 \ntype ofmotion to modify. [Cases: Child Support \n331, 331.] \nmotionfor resettlement. A request to clarify or correct \nthe form of an order or judgment that does not cor\nrectly state the court's decision. _ The motion cannot \nbe used to request a substantial change to or ampli\nfication of the court's decision. [Cases: Motions C-::::) \n49.] \nmotion ofcourse. A party's request that the court may \ngrant as a matter of routine, without investigating or \ninquiring further. [Cases: Motions 36.] \nmotion to modify, A post-final-decree motion asking \nthe court to change one of its earlier orders; esp. a \nrequest to change child support or visitation. Also \ntermed complaint for modification; motion for modifi\ncation. [Cases: Child CustodyC~609; Child Support \nC=>331; Divorce C=>245; Federal Civil Procedure <.::=) \n921; Motions C=>58.] \nomnibus motion. (1889) A motion that makes several \nrequests or asks for multiple forms of relief. [Cases: \nMotions \nposttrial motion. (1889) A motion made after judgment \nis entered, such as a motion for new trial. [Cases: \nFederal Civil Procedure C:):)2368, 2605; New Trial \nshow-cause motion. A motion filed with the court \nrequesting that a litigant be required to appear and \nexplain why that litigant has failed to comply with a \nlegal requirement. \nspeaking motion. (1935) A motion that addresses \nmatters not raised in the pleadings. [Cases: Federal \nCivil Procedure C::>~) 1834 ; Motions C=> 1, 2.] \nspecial motion. (16c) A motion specifically requiring \nthe court's discretion upon hearing, as distinguished \nfrom one granted as a matter of course. [Cases: \nMotions <'::=36.] \n2. Parliamentary law. A proposal made in a meeting, in \na form suitable for its consideration and action, that the \nmeeting (or the organization for which the meeting is \nacting) take a certain action or view. - A motion may be \na main motion or a secondary motion. A motion techni\ncally becomes a \"question\" when the chair states it for \nthe meeting's consideration. But for most purposes, \nthe parliamentary terms \"motion\" and \"question\" are \ninterchangeable. Cf. REQUEST. \ncoexisting motion. Parliamentary law. A main motion, \nsuch as one raising a question of privilege, that is \npending at the same time as another main motion of \nlower precedence. \nimmediately pending motion. The pending motion \ndirectly under consideration; the pending motion \nlast stated by the chair and next in line for a vote. See \npending motion; PRECEDENCE (4). \nimproper motion. A motion that is out of order. See \nOUT OF ORDER. \nincidental main motion. A main motion that relates \nto a procedural rather than a substantive matter; an motion \notherwise secondary motion, made when no main \nmotion is pending.- Also termed procedural main \nmotion; quasi-main motion; specific main motion. See \nmain motion. Cf. original main motion. \nincidental motion. A secondary motion that relates to \nthe procedure under which other business is consid\nered. See secondary motion. \nmain motion. A motion that brings business before a \nmeeting. - A main motion may be an original main \nmotion or an incidental main motion. -Also termed \nprincipal motion; proposition. \nordinary main motion. See original main motion. \noriginal main motion. A main motion that relates to a \nsubstantive rather than a procedural matter; a main \nmotion that is not an incidental main motion. \nAlso termed ordinary main motion; substantive main \nmotion; substantive motion. See main motion. Cf. inci\ndental main motion. \nparliamentary motion. 1. Any motion that is not an \noriginal main motion that is, any motion that is \neither a secondary motion or an incidental main \nmotion. 2. A motion under parliamentary law; \nMOTION (2). \npending motion. A motion under consideration, \neven though other pending motions of higher rank \nmay have taken precedence over it. Cf. immediately \npending motion. \nprincipal motion. See main motion. \nprivileged motion. A secondary motion that does not \nrelate to other business, but rather to the organiza\ntion, the meeting, its members, and their rights and \nprivileges, and is thus entitled to prompt attention in \npreference over other pending business. See secondary \nmotion; PRIVILEGE (6). \nprocedural main motion. See incidental main \nmotion. \nprocedural motion. A motion that relates to the manner \nin which a meeting conducts its business, rather than \nto the business itself. - A procedural motion may be \neither an incidental motion (including an incidental \nmain motion) or aprivileged motion. \nquasi-main motion. See incidental main motion. \nrestorative motion. A motion that renews consid\neration of a question already disposed of. Also \ntermed restoratory motion. \nrestoratory motion. See restorative motion. \nsecondary motion. A motion that does not itself bring \nbusiness before the meeting, and is therefore in order \nwhen a main motion is pending. - A secondary \nmotion may be either an incidental motion (although \nnot an incidental main motion), a privileged motion, \nor a subSidiary motion. Cf. main motion. \nspecific main motion"}
{"text": "an incidental main motion), a privileged motion, \nor a subSidiary motion. Cf. main motion. \nspecific main motion. See incidental main motion. \nsubsidiary motion. A secondary motion that directly \naffects the main motion's form or consideration. See \nsecondary motion. \n\n1108 motion for a directed verdict \nsubstantive main motion. See original main motion. \nsubstantive motion. See original main motion. \nmotion for a directed verdict. See MOTION FOR DIRECTED \nVERDICT. \nmotion for a more definite statement. See MonON FOR \nMORE DEFINITE STATEMENT. \nmotion for a new trial. See MOTION FOR NEW TRIAL. \nmotion for a protective order. See MOTION FOR PROTEC\nTIVEORDER. \nmotion for directed verdict. (1904) A party's request \nthat the court enter judgment in its favor before sub\nmitting the case to the jury because there is no legally \nsufficient evidentiary foundation on which a reasonable \njury could find for the other party . Under the Federal \nRules ofCivil Procedure, the equivalent court paper is \nknown as a motion for judgment as a matter oflaw. -\nAbbr. MDV. Also termed motion for a directed \nverdict. See MonON FOR JUDGMENT AS A MATTER OF \nLAW; directed verdict under VERDICT. [Cases: Federal \nCivil Procedure Trial C=c167.] \nmotion for j.n.o.v. See MOTION FOR JUDGMENT NOT\nWITHSTANDING THE VERDICT. \nmotion for judgment as a matter of law. (1956) A \nparty's request that the court enter a judgment in its \nfavor before the case is submitted to the jury, or after \na contrary jury verdict, because there is no legally suf\nficient evidentiary basis on which a jury could find for \nthe other party . Under the Federal Rules ofCivil Pro\ncedure, a party may move for judgment as a matter \nof law anytime before the case has been submitted to \nthe jury. This kind of motion was formerly known as a \nmotion for directed verdict (and still is in many jurisdic\ntions). If the motion is denied and the case is submit\nted to the jury, resulting in an unfavorable verdict, the \nmotion may be renewed within ten days after entry of \nthe judgment. This aspect of the motion replaces the \ncourt paper formerly known as a motion for judgment \nnotwithstanding the verdict. Fed. R. Civ. P. 50. [Cases: \nFederal Civil Procedure C=c212 1, 2605; Judgment \n199; Trial \nmotion for judgment notwithstanding the verdict. \n(1822) A party's request that the court enter a judgment \nin its favor despite the jury's contrary verdict because \nthere is no legally sufficient evidentiary basis for a jury \nto find for the other party . Under the Federal Rules \nof Civil Procedure, this procedure has been replaced by \nthe provision for a motion for judgment as a matter of \nlaw, which must be presented before the case has been \nsubmitted to the jury but can be reasserted if it is denied \nand the jury returns an unfavorable verdict. Fed. R. Civ. \nP. 50. -Also termed motion for j.n.o. v. See MOTION FOR \nJUDGMENT AS A MATTER OF LAW. [Cases: Federal Civil \nProcedure Judgment C=c 199.] \nmotion for judgment of acquittal. (1923) A criminal \ndefendant's request, at the close of the government's \ncase or the close ofall evidence, to be acquitted because \nthere is no legally sufficient evidentiary basis on which a reasonable jury could return a guilty verdict. _ If \nthe motion is granted, the government has no right of \nappeal. Fed. R. Crim. P. 29(a). -Abbr. MJOA. [Cases: \nCriminal LawC=c753.2.] \nmotion for judgment on the pleadings. (1923) A party's \nrequest that the court rule in its favor based on the \npleadings on file, without accepting evidence, as when \nthe outcome of the case rests on the court's interpreta\ntion ofthe law. Fed. R. Civ. P. 12(c). [Cases: Federal Civil \nProcedure Pleading C=c342.] \nmotion for leave to appeal. (1874) A request that an \nappellate court review an interlocutory order that \nmeets the standards ofthe collateral-order doctrine.\nAbbr. MLA. See COLLATERAL-ORDER DOCTRINE. \n[Cases: Appeal and Error C=c358; Federal Courts \n660.30.] \nmotion for modification. See motion to modify under \nMOTION (1). \nmotion for more definite statement. (1904) A party's \nrequest that the court require an opponent to amend \na vague or ambiguous pleading to which the party \ncannot reasonably be required to respond. Fed. R. Civ. \nP. 12(e). Also termed motion for a more definite state\nment. [Cases: Federal Civil ProcedureC=c957; Pleading \nC=c367.] \n\"Another disfavored motion is the motion for a more \ndefinite statement. Bya 1948 amendment to the rules, \nthe old bill of particulars was abolished. The motion for \nmore definite statement, which serves much the same \nfunction, is to be granted only where a pleading to which a \nresponsive pleading is permitted is so vague or ambiguous \nthat the party cannot reasonably be required to frame a \nresponsive pleading. If the pleading is sufficiently definite \nthat the opponent can reply to it, the motion for more \ndefinite statement should be denied and any particulars \nthat the opponent needs to prepare for trial obtained by \ndepositions, interrogatories, and similar discovery proce \ndures. The motion is never proper where no responsive \npleading is permitted, nor should it be used to force the \nplaintiff to include additional particulars that may make \nthe complaint vulnerable to a motion to dismiss.\" Charles \nAlan Wright, The Law of Federal Courts  66, at 461-62 \n(5th ed. 1994). \nmotion for new trial. (l8c) A party's postjudgment \nrequest that the court vacate the judgment and order \na new trial for such reasons as factually insufficient \nevidence, newly discovered evidence, and jury miscon\nduct.  In many jurisdictions, this motion is required \nbefore a party can raise such a matter on appeaL \nAlso termed motion for a new trial. [Cases: Criminal \nLaw C=c948; Federal Civil Procedure C=c2368; New \nTrial C=c 124(1).] \nmotion for protective order. (1948) A party's request \nthat the court protect it from potentially abusive action \nby the other party, usu. relating to discovery, as when \none party seeks discovery of the other party's trade \nsecrets. A court will sometimes craft a protective \norder to protect one party's trade secrets by ordering \nthat any secret information exchanged in discovery \nbe used only for purposes of the pending suit and not \nbe publicized. Also termed motion for a protective \n\n1109 \norder. [Cases: Federal Civil Procedure C::>1271; Pretrial \nProcedure ~41.] \nmotion for reduction. See MOTION (1). \nmotion for relief from stay. See MOTION TO LIFT THE \nSTAY. \nmotion for relief from the judgment. (1867) A party's \nrequest that the court correct a clerical mistake in the \njudgment -that is, a mistake that results in the judg\nment's incorrectly reflecting the court's intentions -or \nrelieve the party from the judgment because of such \nmatters as (1) inadvertence, surprise, or excusable \nneglect, (2) newly discovered evidence that could not \nhave been discovered through diligence in time for a \nmotion for new trial, (3) the judgment's being the result \noffraud, misrepresentation, or misconduct by the other \nparty, or (4) the judgment's being void or haVing been \nsatisfied or released. Fed. R. Civ. P. 60. Cf. MOTION TO \nALTER OR AMEND THE JUDGMENT. [Cases: Federal Civil \nProcedure Judgment~336-402.] \nmotion for repleader. (18c) Common-law pleading. An \nunsuccessful party's posttrial motion asking that the \npleadings begin anew because the issue was joined \non an immaterial point.  The court never awards a \nrepleader to the party who tendered the immaterial \nissue. Cf. REPLEADER. [Cases: PleadingC::>286.] \nmotion for resettlement. See MOTION (1). \nmotion for summary judgment. (1842) A request that \nthe court enter judgment without a trial because there is \nno genuine issue ofmaterial fact to be decided by a fact\nfinder that is, because the evidence is legally insuf\nficient to support a verdict in the nonmovant's favor . \nIn federal court and in most state courts, the movant\ndefendant must point out in its motion the absence of \nevidence on an essential element ofthe plaintiff's claim, \nafter which the burden shifts to the nonmovant-plain\ntiff to produce evidence raising a genuine fact issue. \nBut ifa party moves for summary judgment on its own \nclaim or defense, then it must establish each element of \nthe claim or defense as a matter ofIaw. Fed. R. Civ. P. \n56. -Abbr. MSJ. -Also termed summary-judgment \nmotion; motion for summary disposition. See SUMMARY \nJUDGMENT. [Cases: Federal Civil Procedure <::--~2533; \nJudgment (;=181(2), 183.] \nmotion in arrest ofjudgment. (17c) 1. A defendant's \nmotion claiming that a substantial error appearing on \nthe face ofthe record vitiates the whole proceeding and \nthe judgment. 2. A postjudgment motion in a criminal \ncase claiming that the indictment is insufficient to \nsustain a judgment or that the verdict is somehow \ninsufficient. [Cases: Criminal Law ~966-976.] \nmotion in limine (in lim~-nee). (I8c) A pretrial request \nthat certain inadmissible evidence not be referred to or \noffered at trial. -Typically, a party makes this motion \nwhen it believes that mere mention of the evidence \nduring trial would be highly prejudicial and could not \nbe remedied by an instruction to disregard. If, after \nthe motion is granted, the opposing party mentions or \nattempts to offer the evidence in the jury's presence, a motion to dissolve interference \nmistrial may be ordered. A ruling on a motion in limine \ndoes not always preserve evidentiary error for appel\nlate purposes. To raise such an error on appeal, a party \nmay be required to formally object when the evidence \nis actually admitted or excluded during trial. [Cases: \nCriminal Law~632(4); Federal Civil Procedure \n927.5; Pretrial Procedure \nmotion ofcourse. See MOTION (1). \nmotion to alter or amend the judgment. (1950) A party's \nrequest that the court correct a substantive error in the \njudgment, such as a manifest error oflaw or fact. \nUnder the Federal Rules of Civil Procedure, a motion \nto alter or amend the judgment must be filed within ten \ndays after the judgment is entered. It should not ordi\nnarily be used to correct clerical errors in a judgment. \nThose types oferrors -that is, errors that result in the \njudgment not reflecting the court's intention -may be \nbrought in a motion for relief from the judgment, which \ndoes not have the ten-day deadline. A motion to alter \nor amend the judgment is usu. directed to substantive \nissues regarding the judgment, such as an intervening \nchange in the law or newly discovered evidence that was \nnot available at trial. Fed. R. Civ. P. 59(e). Cf. MOTION \nPOR RELIEF PROM THE JUDGMENT. [Cases: Federal Civil \nProcedure C=)2659; Judgment C:)'294-333.] \nmotion to compel discovery. (1960) A party's request \nthat the court force the party's opponent to respond to \nthe party's discovery request (as to answer interroga\ntories or produce documents), Fed. R. Civ. P. 37(a). \nOften shortened to motion to compel. Also termed \nmotion to enforce discovery. [Cases: Federal Civil Proce\ndure ~1278; Pretrial Procedure 310,434.] \nmotion to correct inventorship. Patents. A request in an \ninterference proceeding to add one or more unnamed \ncoinventors to the patent application . The motion will \nbe granted unless the unnamed coinventor acted with \nthe intent to deceive. [Cases: Patents <::::::::> 106(1).] \nmotion to dismiss. (18c) A request that the court dismiss \nthe case because of settlement, voluntary withdrawal, \nor a procedural defect. -Under the Federal Rules of \nCivil Procedure, a plaintiff may voluntarily dismiss \nthe case (under Rule 41(a)) or the defendant may ask \nthe court to dismiss the case, usu. based on one ofthe \ndetenses listed in Rule 12{b).These defenses include lack \nof personal or subject-matter jurisdiction, improper \nvenue, insufficiency ofprocess, the plaintiff's failure \nto state a claim on which relief can be granted, and the \nfailure to join an indispensable party. A defendant will \nfrequently file a motion to dismiss for failure to state \na claim, which is governed by Rule 12(b)(6), claiming \nthat even if all the plaintiff's allegations are true, they \nwould not be legally sufficient to state a claim on which \nrelief might be granted. Abbr. MID. See DEMURRER. \n[Cases: Criminal Law ~303.5-303.35; Federal Civil \nProcedure 1707,1825; Pretrial Procedure C::>511, \n675.] \nmotion to dissolve interference. Patents. A request by \nthe senior party to dismiss challenges to its priority as \nthe first inventor. [Cases: Patents (.;::;:, 106(5).] \n\n1110 motion to enforce discovery \nmotion to enforce discovery. See MOTION TO COMPEL \nDISCOVERY. \nmotion to lift the stay. (1969) Bankruptcy. A party's \nrequest that the bankruptcy court alter the automatic \nbankruptcy stay to allow the movant to act against the \ndebtor or the debtor's property, as when a creditor seeks \npermission to foreclose on a lien because its security \ninterest is not adequately protected. -Also termed "}
{"text": "itor seeks \npermission to foreclose on a lien because its security \ninterest is not adequately protected. -Also termed \nmotion for relief from stay; motion to modify the stay. \n[Cases: Bankruptcy C=='2435.] \nmotion to modify. See MOTION (1). \nmotion to modify the stay. See MOTION TO LIFT THE \nSTAY. \nmotion to quash (kwahsh). (l8c) A party's request that \nthe court nullify process or an act instituted by the \nother party, as in seeking to nullify a subpoena. [Cases: \nWitnesses C=='9, 16.] \nmotion to remand. (1816) In a case that has been \nremoved from state court to federal court, a party's \nrequest that the federal court return the case to state \ncourt, usu. because the federal court lacks jurisdic\ntion or because the procedures for removal were not \nproperly followed. 28 USCA  1447(c). [Cases: Removal \nof Cases C==' 107.] \nmotion to strike. (1806) 1. Civil procedure. A party's \nrequest that the court delete insufficient defenses or \nimmaterial, redundant, impertinent, or scandalous \nstatements from an opponent's pleading. Fed. R. Civ. \nP. 12(f). [Cases: Federal Civil Procedure 1144; \nPleading C=='351, 361.] 2. Evidence. A request that inad\nmissible evidence be deleted from the record and that \nthe jury be instructed to disregard it. [Cases: Federal \nCivil Procedure C=='20l8; Trial C=='88.] \nmotion to suppress. (I8c) A request that the court \nprohibit the introduction ofillegally obtained evidence \nat a criminal trial. [Cases: Criminal Law C=='394.6.] \nmotion to transfer venue. (I934) A request that the \ncourt transfer the case to another district or county, \nusu. because the original venue is improper under the \napplicable venue rules or because oflocal prejudice. See \nVENUE; CHANGE OF VENUE. [Cases: Criminal Law C==' \n115-144; Federal Courts C==' 141; Venue C=='58.] \nmotion to withdraw. 1. An attorney's request for a \ncourt's permission to cease representing a client in a \nlawsuit. 2. A defendant's formal request for a court's \npermission to change the defendant's plea or strike \nan admission. -Also termed (in sense 2) motion to \nwithdraw a plea. [Cases: Attorney and Client C=='76(l); \nCriminal Law C==' 1831.] \nmotion to withdraw a plea. See MOTION TO WITHDRAW \n(2). \nmotive. (14c) Something, esp. willful desire, that leads \none to act. -Also termed ulterior intent. Cf. INTENT. \n\"The term 'motive' is unfortunately ambiguous. That \nfeeling which internally urges or pushes a person to do or \nrefrain from doing an act is an emotion, and is of course \nevidential towards his doing or not doing the act. But when \nthat evidential fact comes in turn to be evidenced, we must rely on two sorts of data, (a) the person's own expressions \nof that emotion, e.g., 'I hate M,' or 'I wish I owned that \nnecklace'; and (b) external circumstances likely in human \nexperience to arouse the emotion, e.g., a slander on D may \nbe evidence that D became angry; a purse of money left in \nsight of D may be evidence that D's desire to have it was \naroused. Now this second sort of evidential circumstance \n(b) is loosely referred to as 'motive,' -though in reality it \nis only evidential of the emotion, which itself is evidential \nof the act.\" John H. Wigmore, A Students' Textbook of the \nLaw of Evidence 76 (1935). \nbad motive. (l8c) A person's knowledge that an act is \nwrongful while the person commits the act. \nmalicious motive. (l8c) A motive for bringing a pros\necution, other than to do justice. [Cases: Malicious \nProsecution C=='30.] \nMotor Carrier Act. A federal statute, originally enacted \nin 1935 (49 USCA  502-507), subjecting commer\ncial motor carriers of freight and passengers in inter\nstate commerce to the regulations of the Interstate \nCommerce Commission, now the U.S. Department of \nTransportation . The Act was repealed in the 1980s. \n[Cases: Automobiles C=='60.] \nMOU. abbr. MEMORANDUM OF UNDERSTANDING. \nmovable, n. (usu. pl.) (l5c) 1. Property that can be moved \nor displaced, such as personal goods; a tangible or intan\ngible thing in which an interest constitutes personal \nproperty; specif., anything that is not so attached to \nland as to be regarded as a part of it as determined by \nlocal law. -Also termed movable property; movable \nthing. [Cases: Property C:::)4.] \n\"Movables and immovables. The main distinction drawn \nin later Roman law and modern systems based thereon \nbetween kinds of things subject to ownership and pos\nsession. While basically the distinction corresponds to \neveryday conceptions, assigning animals and vehicles to \nthe former and land and buildings to the latter category, \nparticular things may be assigned to one category rather \nthan the other for reasons of convenience. Thus, in French \nlaw, farm implements and animals are immovables. The \ndistinction is also important in international private law, \nmore so than that between real and personal ... Thus, \nland held on lease is personal property by English law for \nhistorical reason, but in international private law it is a \nright in immovable property.\" David M. Walker, The Oxford \nCompanion to Law 858 (1980). \nintangible movable. A physical thing that can be \nmoved but that cannot be touched in the usual sense. \n Examples are light and electricity. \n'''Intangible movables' is a term of art in the common law \nwhich has been applied more widely than its meaning lit\nerally justifies, which is merely to those things that have \nphysical existence and can be moved, though cannot be \ntouched in the normal sense, such as light, electricity and \nradioactive waves. In English law the term has been gener\nally applied to interests created by law which have only a \nlegal, not a physical existence, and are accordingly capable \nonly of legal, not phYSical, movement. It is convenient, \nhowever, to retain a term which is generally accepted and \nunderstood in this special legal meaning.\" R.H. Graveson, \nConflict of Laws 470 (7th ed. 1974). \n2. Scots law. A nonheritable right. -Also spelled (in \nBrE) moveable. Cf. IMMOVABLE. -movable, adj. \n\"Moveables are, in the phraseology of the law of Scotland, \nopposed to heritage; so that every species of property, \n\n1111 mulierty \nand every right a person can hold, is by that law either i MSA. abbr. See mediated settlement agreement under \nheritable or moveable. Hence, moveables are not merely \ncorporeal subjects capable of being moved, but every \nspecies of property, corporeal or incorporeal, which does \nnot descend to the heir in heritage.\" William Bell, Bell's \nDictionary and Digest of the Law ofScotland 662 (George \nWatson ed., 1882). \nmovable estate. See personal property (1) under PRO\nPERTY. \nmovable fixture. See tenant's fixture under FIXTURE. \nmovable freehold. See FREEHOLD. \nmovable property. See MOVABLE (1). \nmovable thing. See MOVABLE (1). \nmovant (moov-:mt). (1875) One who makes a motion \nto the court or a deliberative body. -Formerly also \nspelled movent. -Also termed moving party; mover. \nAlso termed movingparty; mover. [Cases: Federal Civil \nProcedure C=-.:c921; Motions C= 11.] \nmove, vb. (I5c) 1. To make an application (to a court) \nfor a ruling, order, or some other judicial action <the \nappellant moved the court for a new trial>. [Cases: \nFederal Civil Procedure C='921; Motions 1.] 2, \nTo make a motion <the senator moved that a vote be \ntaken>. See MOTION (2). \nmoveable. See MOVABLE. \nmovent. See MOVANT. \nmover, n. 1. Slang. A stock that experiences spectacu\nlar market price changes; a very unstable stock. 2. \nMOVANT. \nmoving expense. See EXPENSE. \nmoving papers. The papers that constitute or support a \nmotion in a court proceeding. -Also termed motion \npapers. [Cases: Federal Civil Procedure (;=921; \nMotions C=::>2S.J \nmoving part. Patents. A separate component ofan appa\nratus that works together with another to produce the \nintended useful result. -Moving parts and a rule of \noperation generally distinguish an apparatus from an \narticle ofmanufacture. \nmoving party. See MOVANT. \nmoving violation. (1954) An infraction of a traffic law \nwhile the vehicle is in motion. [Cases: Automobiles \n144.1(3),349.] \nMozilla public license. See LICENSE. \nMP. abbr. Member ofParliament. See PARLIAMENT. \nMPC. abbr. MODEL PENAL CODE. \nMPC test. See SUBSTANTIAL-CAPACITY TEST. \nMPEP. abbr. MANUAL OF PATENT EXAMINING PROCE\nDURE. \nMPL. abbr. Mozilla public license. See Mozilla public \nlicense under LICENSE. \nMr. Denman's Act. See DENMAN'S ACT (2). \nMRE. abbr. MILITARY RULES OF EVIDENCE. SETTLEMENT (2). \nMSHA. abbr. MINE SAFETY AND HEALTH ADMINISTRA\nTION. \nMSJ. abbr. MOTION FOR SUMMARY JUDGMENT. \nm.s.p. abbr. MORTUUS SINE PROLE. \nMSPB. abbr. MERIT SYSTEMS PROTECTION BOARD. \nMSTB. abbr. MODEL STATE TRADEMARK BILL. \nMTD. abbr. MOTION TO DISMISS. \nMUD. abbr. See municipal utility district under \nDISTRICT. \nmug book. (1947) A collection ofmug shots of criminal \nsuspects maintained by law-enforcement agencies (such \nas the FBI and police departments) to be used in iden\ntifying criminal offenders. \nmug shot. (1950) A photograph of a person's face taken \nafter the person has been arrested and booked. \nmulct (mCllkt), n. (16c) A fine or penalty. \nmulct, vb. (17c) 1. To punish by a fine. 2. To deprive or \ndivest of, esp. fraudulently. \nmulct law. Hist. An Iowa law that allowed some saloons \nto pay the state a sum ofmoney and continue to operate \ndespite a statewide prohibition against alcohol sales. \nWhile the money paid was called a mulct, it was effec\ntivelya licensing tax rather than a criminal penalty \nbecause continuing violations of the liquor law were \nnot prosecuted. \nmule. Slang. A person hired to smuggle contraband, esp. \na controlled substance, and deliver it to the distribu\ntor at a destination point . For example, a drug mule \nmight carry cocaine through a security checkpoint by \nconcealing it beneath a suitcase's false bottom. \nmulier (myoo-Iee-Clr), n. [Latin]l. Roman law. A woman. \n This term at various times referred to a marriageable \nvirgin, a woman not a virgin, a wife, or a mistress. 2. \nHist. & Scots law. A legitimate son; the son of a mulier \n(\"lawful wife\"). \nmulieratus filiUS (myoo-lee-er-<l-tCls fil-ee-ds). Hist. & \nScots law. A legitimate son or daughter; the son of a \nmulier (\"lawful wife\"). \nmulierpuisne (myoo-Iee-Clr pyoo-nee), [Law Latin] Hist. \nThe younger lawful son, usu. distinguished from the \nbastard eigne (\"the elder bastard son\"). \n\"The common law developed one exception to its harsh \ndoctrine of bastardy. Where the eldest son was born \nout of wedlock (the bastard eigne) and the next son was \nborn to the same parents after the marriage (the mulier \npuisne), and upon the ancestor's death the bastard eigne \nentered as heir and remained in undisturbed possession \nuntil his own death, the bastard eigne was treated as if he \nhad been legitimate with respect to the inheritance of that \nland. The reason given by Littleton was that a person who \nwas legitimate by the Canon law could not be bastardised \nposthumously, when he no longer had the opportunity to \ncontest the issue,\" J.H. Baker, An Introduction to English \nLegal History 559 (3d ed. 1990). \nmulierty (myoo-Iee-Clr-tee). Hist. The condition of a \nlegitimate child, as distinguished from a bastard. \n\n1112 multa \nmulta (m<ll-t<l), n. [Latin \"a fine\"] Hist. Eccles. law. A fine \nthe bishops paid to the king so that they could make \nand probate wills and administer estates. -Also \ntermed multura episcopi (m<ll-t[y]oor-<l i-pis-k<l-pI). \nmulticraft union. See UNION. \nmultidisciplinary practice. A fee-sharing association \noflawyers and nonlawyers in a firm that delivers both \nlegal and nonlegal services . Rule 5.4 of the Model \nRules of Professional Conduct effectively bars multi\ndisciplinary practice. Under this rule, a lawyer cannot \n(1) share legal fees with nonlawyers, (2) form a partner\nship involving the practice oflaw with nonlawyers, (3) \nform a law firm in which a nonlawyer has an interest, \nor (4) allow a nonlawyer to direct the lawyer's profes\nsional judgment. -Abbr. MDP. -Sometimes termed \nmultidisciplinary practice oflaw. [Cases: Attorney and \nClient c=>10.] \nmultidistrict litigation. (1966) Civil procedure. Federal\ncourt"}
{"text": "Attorney and \nClient c=>10.] \nmultidistrict litigation. (1966) Civil procedure. Federal\ncourt litigation in which civil actions pending in differ\nent districts and involving common fact questions are \ntransferred to a single district for coordinated pretrial \nproceedings, after which the actions are returned to \ntheir original districts for trial.  Multidistrict litiga\ntion is governed by the Judicial Panel on Multidistrict \nLitigation, which is composed of seven circuit and \ndistrict judges appointed by the Chief Justice of the \nUnited States. 28 USC A  1407. -Abbr. MDL. [Cases: \nFederal Civil Procedure C=>9; Federal Courts C=> \n151-157.] \nMultiethnic Placement Act of 1994. A model statute \nintended to (1) decrease the length oftime that a child \nawaits adoption, (2) identify and recruit adoptive and \nfoster parents who can meet the needs of available \nchildren, and (3) eliminate adoption discrimination \nbased on race, color, or national origin of the child or \nthe adoptive parents. -Abbr. MEPA. \nmultifarious (m<ll-t<l-fair-ee-<ls), adj. (16c) 1. (Of a single \npleading) improperly joining distinct matters or causes \nof action, and thereby confounding them. [Cases: \nFederal Civil Procedure C=>676; Pleading C=>SO, 64.] \n2. Improperly joining parties in a lawsuit. 3. Diverse; \nmany and various. -multifariousness, n. \nmultifarious issue. See ISSUE (1). \nmultilateral, adj. (1827) Involving more than two parties \n<a multilateral agreement>. \nmultilateral advance pricing agreement. See ADVANCE \nPRICING AGREEMENT. \nmultilevel-distribution program. See PYRAMID \nSCHEME. \nmultimaturity bond. See put bond under BOND (3). \nmultimodal shipping. The transportation of freight \nusing more means of carriage and usu. more than one \ncarrier.  For example, a cargo may be carried first by \nair or sea, then by rail or truck to its destination. -Also \ntermed intermodal transport; multimodal carriage. \nmultinational corporation. See CORPORATION. multipartite, adj. (17c) (Of a document, etc.) divided into \nmany parts. \nmultiperil policy. See INSURANCE POLICY. \nmultiple access. See ACCESS (4). \nmultiple admissibility. See ADMISSIBILITY. \nmultiple-class application. See combined application \nunder TRADEMARK APPLICATION. \nmultiple counts. See COUNT. \nmultiple damages. See DAMAGES. \nmultiple-dependent claim. See PATENT CLAIM. \nmultiple evidence. See EVIDENCE. \nmultiple hearsay. See double hearsay under HEARSAY. \nmultiple interest. See INTEREST (2). \nmultiple job-holding. See MOONLIGHTING. \nmultiple listing. See LISTING (1). \nmultiple offense. See OFFENSE (1). \nmultiple-party account. See ACCOUNT. \nmultiple sentences. See SENTENCE. \nmultiplicity (m<ll-t<l-plis-i-tee), n. Criminal procedure. \nThe improper charging of the same offense in more \nthan one count of a single indictment or information. \n Multiplicity violates the Fifth Amendment protec\ntion against double jeopardy. [Cases: Indictment and \nInformation C=>126.] -multiplicitous (m<ll-t<l-plis\ni-t<ls), adj. \nmultiplicity of actions. (17c) The existence of two or \nmore lawsuits litigating the same issue against the \nsame defendant. -Also termed multiplicity ofsuits; \nmultiplicity ofproceedings. See PIECEMEAL LITIGATION. \n[Cases: Action C=>S3.] \nmultiplicity ofclaims. See AGGREGATION OF CLAIMS. \nmultiplied damages. See multiple damages under \nDAMAGES. \nMultistate Bar Examination. See BAR EXAMINATION. \nmultistate corporation. See CORPORATION. \nmultital (mal-ti-t<ll), adj. (1917) 1. Ofor relating to legal \nrelations that exist among three or more people, esp. a \nmultitude ofpeople. Cf. UNITAL. \n\"Tort and breach of contract are alike breaches of duty, \nbut in the case of tort the pre-existing duty of the wrong\ndoer was one that was shared by every other member of \nsociety; and the injured party whose right was violated \nhad not merely one right, he had a multitude of rights. His \nrights and the correlative duties of others were 'multital.' \nThe secondary right and duty, however, arising from the \ntort, are relations that exist between the two persons only. \nThey are 'unital.' In the case of a breach of contract, both \nthe primary right and duty and the secondary right and \nduty are 'unital.'\" William R. Anson, Principles of the Law of \nContract 11 (Arthur L. Corbin ed., 3d Am. ed. 1919). \n2. Rare. See IN REM. \nmultura episcopi. See MULTA. \nmulture. Hist. 1. A quantity of grain that was paid to \na mill's owner or tenant in exchange for grinding the \n\n1113 \nremaining grain. 2. A miller's right to payment in grain \nfor milling services rendered. \nMunchausen syndrome by proxy (man-chow-z ..n). A \ncondition in which a caregiver, usu. a parent, fabri\ncates or induces a child's medical condition and seeks \nmedical treatment for the child on the basis ofthe fab\nrications or induced condition . This syndrome is a \nkind ofchild abuse, esp. when the victim is subjected \nto repeated medical examinations and treatment, often \nofan invasive nature, and sometimes even to physical \ninjuries that induce symptoms consistent with the fal\nsified medical condition. The parent is usu. emotion\nally deprived and fabricates or causes the child's illness \nor medical condition as an attention-getting device. \n[Cases: Infants (;=:' 156, 158.] \nmund (m..nd or muund). [Old English \"hand\"] Hist. A \nright to protection or guardianship; a guardian. Cf. \nMANUS (1). \n\"Once more we see prerogatival rights growing, while \nfeudal claims fall into the background; and in the case \nof lunacy we see a guardianship, a mund, which is not \nprofitable to the guardian, and this at present is a novel \nand noteworthy thing.\" 1 Frederick Pollock & Frederic W. \nMaitland, The History of English Law Before the Time of \nEdward 1481 (2d ed. 1898). \nmundium (man-dee-dm). [Law Latin] The legal protec\ntion and representation granted to a person who is \nsocially and phYSically weak. \n'In a society of persons in which the authority to maintain \nthe law was in the hands of its members, and of which the \nmembership rested on the ability to bear arms and defend \noneself ('weer'), those who. for want of strength or some \nother reason, were unable to do so. could not play an active \npart, and were necessarily placed under the authority of \nthose whose protection they needed. Originally, mundium \nwas not limited to family law. Gradually it lost its wider \nmeaning, and in its restricted sense it received different \napplications, as family relations became classified into \nseparate groups, and the conception of mundium appeared \nunder different forms. with special rules and speCial \nnames -e.g., marital power, parental power, guardian\nship, and curatorship.\" Alexander Wood Renton & George \nGrenville Phillimore, The Comparative Law ofMarriage and \nDivorce 10 (1910). \nmunera (myoo-ndr-d), n. [Law Latin \"graces\"] Hist. \nTenancies at will; tenancies made at the grantor's \npleasure. \nmunerapublica (myoo-n..r-d PJb-li-b). [Latin] Roman \nlaw. Public duties, such as performing the offices of \ntutor and curator, and of index privatus. Sing. munus \npublicum. \n\"Among the Romans there were certain offices regarded \nas public duties, which no citizen (unless he could plead \ncertain speCified excuses) could refuse to accept of and \nfulfil; and among these were included the offices of \ntutor and curator. These offices are voluntary by the law \nof Scotland, and their acceptance, as well as the perfor\nmance of the attendant duties. cannot be imposed upon \nanyone against his own wish. But if the office has been \nonce accepted and acted upon. the tutor or curator cannot \nresign it. He must perform the duties of his office until \nit expires through the death, attainment of minority or \nmajority, as the case may be, or it may be through the \nmarriage of the ward, and he will be liable for the conse\nquences of his neglect, as well as the consequences of his municipal law \nactings and intromissions.\" John Trayner, Trayner's Latin \nMaxims 364 (4th ed. 1894). \nmuni (myoo-nee), n, See municipal bond under BOND \n(3). \nmuniceps (myoo-nd-seps), n. [fr. Latin munus \"office\" + \ncapere \"to take\"] Roman law. 1. A citizen of a munici\npality (municipium), 2. A member of the council of a \nmunicipium. PI. municipes (myoo-ni-sip-eez). \nmunicipal, adj. (16c) 1. Of or relating to a city, town, \nor local governmental unit. 2. Of or relating to the \ninternal government ofa state or nation (as contrasted \nwith international). \nmunicipal, n. See muniCipal bond under BOND (3). \nmunicipal action. Any authorized exercise of govern\nmental power by a municipal officer, board, agency, or \nother municipal body. [Cases: Municipal Corporations \n(;::>61.] \nmunicipal affairs. The matters relating to the local gov\nernment of a municipality. [Cases: Municipal Corpo\nrations \nmunicipal aid. Financial or other assistance provided \nby a municipality to a private business, usu, to encour\nage it to relocate to the municipality. [Cases: Municipal \nCorporations (;::>872.] \nmunicipal attorney. See CITY ATTORNEY. \nmunicipal bond. See BOND (3). \nmunicipal charter. See CHARTER (2). \nmunicipal corporation. A city, town, or other local \npolitical entity formed by charter from the state and \nhaving the autonomous authority to administer the \nstate's local affairs; esp., a public corporation created for \npolitical purposes and endowed with political powers to \nbe exercised for the public good in the administration \noflocal civil government. Also termed municipal\nity. Cf. quaSi-corporation under CORPORATION. [Cases: \nMunicipal Corporations (;::> 1.1.] \nmunicipal corporation de facto. A corporation rec\nognized to exist, although it has not fully complied \nwith statutory requirements, when there is (1) a valid \nlaw authorizing its incorporation, (2) a colorable and \nbona fide attempt to organize under that law, and (3) \nan assumption of powers conferred under that law. \n[Cases: Municipal Corporations (;::> 17.J \nmunicipal court. See COURT. \nmunicipal domicile. See DOMICILE. \nmunicipal election. See ELECTION (3). \nmunicipal function. 1he duties and responsibilities that \na municipality owes its members. \nmunicipal government. See local government under \nGOVERNMENT. \nmunicipality. (l8c) 1. MUNICIPAL CORPORATION. 2. The \ngoverning body ofa municipal corporation, \nmunicipal judge. See rUDGE. \nmunicipal law. 1. The ordinances and other laws appli\ncable within a city, town, or other local governmental \n\n1114 municipal lien \nentity. [Cases: Municipal Corporations 2. The \ninternal law of a nation, as opposed to international \nlaw. \nmunicipal lien. See LIEN. \nmunicipal officer. See OPFICER (1). \nmunicipal ordinance. See ORDINANCE. \nmunicipal security. See municipal bond under BOND \n(3). \nmunicipal utility district. See DISTRICT. \nmunicipal warrant. See WARRANT (2). \nmunicipium (myoo-na-sip-ee-am), n. [Latin \"free town\"] \nRoman law. A self-governing town; specif., any com\nmunity allied with or conquered by Rome and allowed \nto maintain certain privileges (such as maintaining \nseparate laws called leges municipales) .  The members \nof a municipium were also Roman citizens. PI. muni\ncipia (myoo-ni-sip-ee-a). \nmuniment (myoo-n<l-m<lnt). (I5c) A document (such as a \ndeed or charter) eVidencing the rights or privileges ofa \nperson, family, or corporation. Also termed (archai\ncally) miniment. [Cases: Corporations \nmuniment house. Hist. A place (such as a room in a \ncastle or cathedral) where titles, deeds, and other evi\ndences of title are stored. \nmuniment of title. (1806) Documentary evidence of \ntitle, such as a deed or a judgment regarding the own\nership ofproperty. Also termed common assurance. \nSee CHAIN OP TITLE. [Cases: Property \nmural monument. See MONUMENT. \nmurder, n. (bef. 12c) The killing of a human being with \nmalice aforethought.  At common law, the crime of \nmurder was not subdivided, but many state statutes \nhave adopted the degree structure outlined below, \nthough the Model Penal Code has not. Model Penal \nCode  210.2. See MALlCE AFORETHOUGHT. Cf. MAN\nSLAUGHTER. [Cases: Homicide murder, \nvb. -murderous, adj. \n\"The word 'murder' has ... had a devious history. Its \noriginal sense is the particularly heinous crime of secret \nslaying. After the conquest it was observed that Normans \nwere frequently found dead under mysterious circum\nstances, and so William I enacted that ifanyone were found \nslain and the slayer were not caught, then the hundred \nshould pay a fine; this fine is a murdrum. The practice soon \ngrew up to taking inquests and if it were presented that the \ndead man was English,"}
{"text": "murdrum. The practice soon \ngrew up to taking inquests and if it were presented that the \ndead man was English, then the fine was not due. In 1267 \nit was enacted that accidental deaths should not give rise \nto murdrum, and finally in 1340 presentment of Englishry \nand murdrumwere abolished. Henceforth the word slowly \ntends to get linked up with 'malice aforethought' and so we \nget the classical formulae describing the crime of murder.\" \nTheodore F.T Plucknett, A Concise History ofthe Common \nLaw 445 (5th ed. 1956). \nconstructive murder. See felony murder. \ndepraved-heart murder. (1975) A murder resulting \nfrom an act so reckless and careless of the safety of \nothers that it demonstrates the perpetrator's complete \nlack of regard for human life. Also termed depraved-indifference murder; unintentional murder. \n[Cases: Homicide <\">::>533.] \nfelony murder. (1926) Murder that occurs during the \ncommission of a dangerous felony (often limited to \nrape, kidnapping, robbery, burglary, and arson). \nAlso termed unintentional murder; (in English law) \nconstructive murder. See FELONY-MURDER RULE. \n[Cases: Homicide (;::::0580.] \nfirst-degree murder. (1895) Murder that is willful, \ndeliberate, or premeditated, or that is committed \nduring the course ofanother dangerous felony . AII \nmurder perpetrated by poisoning or by lying in wait \nis considered first-degree murder. All types of murder \nnot involving willful, deliberate, and premeditated \nkilling are usu. considered second-degree murder. \nAlso termed murder ofthe first degree; murder one. \n[Cases: Homicide C=:>539.] \nmass murder. (1917) A murderous act or series of acts \nby which a criminal kills many victims at or near the \nsame time, usu. as part of one act or plan. Cf. serial \nmurder. \nmurder by torture. (1901) A murder preceded by the \nintentional infliction of pain and suffering on the \nvictim. \n\"In some jurisdictions, a murder by torture may constitute \nmurder in the first degree. It occurs when a defendant \nintentionally inflicts pain and suffering upon his victim \nfor the purpose of revenge, extortion, or persuasion.\" 2 \nCharles E. Torcia, Wharton's Criminal Law  144, at 281 \n(15th ed. 1994). \nmurder ofthe first degree. See first-degree murder. \nmurder of the second degree. See second-degree \nmurder. \nmurder ofthe third degree. See third-degree murder. \nmurder one. See first-degree murder. \nmurder three. See third-degree murder. \nmurder two. See second-degree murder. \nsecond-degree murder. (1909) Murder that is not aggra\nvated by any of the circumstances of first-degree \nmurder. -Also termed murder ofthe second degree; \nmurder twa. [Cases: Homicide C=:>544.] \nserial murder. (1977) A murder in which a criminal \nkills one of many victims over time, often as part of \na pattern in which the criminal targets victims who \nhave some similar characteristics. Cf. mass murder. \nthird-degree murder. (1933) A wrong that did not con\nstitute murder at common law . Only a few states \nhave added to their murder statutes a third degree of \nmurder. The other states claSSify all murders in two \ndegrees. Manslaughter is not a degree of the crime \nof murder, but instead is a distinct offense. -Also \ntermed murder of the third degree; murder three. \n[Cases: Homicide C=:>548.) \nunintentional murder. 1. A killing for which malice \nis implied because the person acted with intent to \ncause serious physical injury or knew that the conduct \nwas substantially certain to cause death or serious \n\n1115 mutual-agreement program \nphysical injury. _ In some jurisdictions, this term is \napplied generally to several grades ofkillings without \nexpress intent. 2. See depraved-heart murder. 3. See \nfelony murder. 4. See voluntary manslaughter under \nMANSLAUGHTER. \nwillful murder. (16c) The unlawful and intentional \nkilling of another without excuse or mitigating cir\ncumstances. \nmurder clause. A contract provision that imposes \nonerous -often unreasonable obligations on one \nparty. -Murder clauses are usu. found in construc\ntion contracts. \nmurdrum (m~r-dr~m). [Law Latin] Hist. 1. The secret \nkilling ofsomeone. 2. A fine against the tithing where \nthe secret and unsolved homicide took place. \n\"The readiness with which the Norman administrators \nseized on this Anglo-Saxon system was probably due to \nits effectiveness in collecting the murdrum, the murder \nfine. In ordinary cases of homicide, the whole district ~ \nexcept the kin of the suspect ~would be zealous to bring \nthe malefactor to Justice. But we can readily see that, ifthe \nperson killed was a Norman, every effort would be made \nto shield the murderer. The Norman rulers had recourse \nto the device ... of imposing a group responsibility. The \ntithing within which the murdered Norman was found was \ncompelled to pay a fine or to discover and surrender the \nhomicide. The word murdrum is a word of uncertain ety\nmology, and has given us our term for willful homicide.\" \nMax Radin, Handbook ofAnglo-American Legal Historv \n175-76 (1936). \n3. Murder; speci., murder with malice aforethought. \nSee MALICE AFORETHOUGHT. \nmurorum operatio (myuur-or-<lm op-a-ray-shee-oh). \n[Latin] Hist. Repair work to the fortifications of build\nings, cities, or castles, performed by their inhabitants. \nmuster, vb. (14c) Military law. 1. To assemble together \n(troops) for inspection or service. 2. To assemble \ntogether (potential troops) for enlistment. [Cases: \nArmed Services (;:::> 18.J \nmuster roll. Maritime law. A shipmaster's account listing \nthe name, age, national character, and quality ofevery \nemployee on the ship. _ In wartime, it is used in ascer\ntaining a ship's neutrality. [Cases: Shipping C=:>67.J \nmust-pass bill. See BILL (3). \nmutation, n. A Significant and basic alteration; esp. in \nproperty law, the alteration of a thing's status, such \nas from separate property to community property. \nmutate, vb. -mutational, adj. \nmutation oflibel. Maritime law. An amendment to a \ncomplaint. See UBEL (3). \nmutatio nominis (myoo-tay-shee-oh nom-<:>-nis). [Latin] \nRoman law. Change ofname. -It was allowed provided \nthat no prejudice was thereby caused to others. The \nrelated phrase mutato nomine (myoo-tay-toh nom-a\nnee) means \"the name having been changed.\" \nmutatis mutandis (myoo-tay-tis myoo-tan-dis). [Latin] \n(16c) All necessary changes having been made; with the \nnecessary changes <what was said regarding the first contract applies mutatis mutandis to all later ones>. \n[Cases: Contracts (;:::'159.] \nmute, n. (17c) 1. A person who cannot speak. [Cases: Wit\nnesses C=:>229.] 2. A person (esp. a prisoner) who stands \nsilent when required to answer or plead. -Formerly, if \na prisoner stood mute, a jury was empaneled to deter\nmine whether the prisoner was intentionally mute or \nmute by an act ofGod. By the Criminal Law Act of 1827 \n(7 & 8 Geo. 4, ch. 28), ifa prisoner was mute by malice, \nthe officer automatically entered a plea of not guilty \nand the trial proceeded. Ifadjudicated to be insane, the \nprisoner was kept in custody until the Crown deter\nmined what should be done.-Also termed (in sense \n2) standing mute. \nmutilation, n. (16c) 1. The act or an instance of render\ning a document legally ineffective by subtracting or \naltering -but not completely destroying an essen\ntial part through cutting, tearing, burning, or erasing. \n[Cases: Alteration ofInstruments (;:::2.] 2. Criminal \nlaw. lhe act ofcutting off or permanently damaging a \nbody part, esp. an essential one. [Cases: Mayhem (;:::> 1.] \nSee MAYHEM. -mutilate, vb. -mutilator, n. \nmutiny (myoo-t<l-nee), n. (16c) 1. An insubordination \nor insurrection of armed forces, esp. sailors, against \nthe authority of their commanders; a forcible revolt by \nmembers of the military against constituted author\nity, usu. their commanding officers. [Cases: Armed \nServices (;:::>37; Military Justice (;:::>680,790.] \n\"Both mutiny and failure to prevent, suppress, or report a \nmutiny are capital offenses .... The elements of mutiny \nare (1) creation of any violence or disturbance or acting \nin concert with others to refuse to obey orders (2) with \nthe intent to usurp or override lawful military authority. \nOne fails to prevent, suppress, or report mutiny when he \ndoes not take all reasonable means to overcome or report \nmutiny. Concert of action is not required for mutiny when \nthe accused creates violence or disturbance.\" Charles A. \nShanor & L. Lynn Hogue, Military Law in a Nutshell 197-98 \n(2d ed. 1996). \n2. Loosely, any uprising against authority. -Also \ntermed (in both senses) inciting revolt. mutinous, \nadj. \nMutiny Act. Hist. An English statute enacted annually \nfrom 1689 to 1879 to prOVide for a standing army and to \npunish mutiny, desertion, and other military offenses. \n_ Itwas merged into the Army Discipline and Regula\ntion Act of 1879 (ch. 33). \nmutual, adj. (16c) 1. Generally, directed by each toward \nthe other or others; reciprocal. [Cases: Contracts (;::: \n55.] 2. (Of a condition, credit covenant, promise, etc.) \nreciprocally given, received, or exchanged. 3. (Of a \nright, etc.) belonging to two parties; common. [Cases: \nContracts (;:::, 10.] mutuality, n. \nmutual account. See ACCOUNT. \nmutual affray. See MUTUAL COMBAT. \nmutual-agreement program. (1978) A prisoner-rehabil\nitation plan in which the prisoner agrees to take part in \ncertain self-improvement activities to receive a definite \nparole date. \n\nmutual assent. See ASSENT. \nmutual association. A mutually owned, cooperative \nsavings and loan association, with the deposits being \nshares of the association . A mutual association is not \nallowed to issue stock and is usu. regulated by the Office \nof Thrift Supervision, an agency of the U.S. Treasury \nDepartment. -See SAVINGS-AND-LOAN ASSOCIATION. \n[Cases: Building and Loan Associations C=::c 1.] \nmutual-benefit association. A fraternal or social orga\nnization that provides benefits for its members, usu. \non an assessment basis. [Cases: Beneficial Associations \nC~ 1; Insurance C=::c 1237.] \n\"In the absence of ... statutory definition, the question of \nthe extent to which mutual benefit, fraternal beneficiary, \nand like associations or societies, are within the meaning \nof the insurance laws must depend upon the terms of the \ndifferent statutes, and the various circumstances of each \nparticular case .... Broadly speaking, when a company, \nsociety, or association, either voluntary or incorporated, \nand whether known as a relief, benevolent, or benefit \nsociety, or by some similar name, contracts for a consid \neration to pay a sum of money upon the happening of a \ncertain contingency, and the prevalent purpose and nature \nof the organization is that of insurance, it will be regarded \nas an insurance company and its contracts as insurance \ncontracts ....\" 2A George j. Couch, Couch on Insurance \n 20:2, at 11 (rev. 2d ed. 1984). \nmutual-benefit insurance. Benefits provided by a \nmutual-benefit association upon the occurrence of a \nloss. [Cases: Insurance C=::c 1001, 1237.] \nmutual combat. (17c) A consensual fight on equal \nterms -arising from a moment of passion but not \nin self-defense -between two persons armed with \ndeadly weapons . A murder charge may be reduced \nto voluntary manslaughter if death occurred by mutual \ncombat. -Also termed mutual affray. Cf. DUEL. [Cases: \nCriminal Law C=::c45.15; Homicide C=::c537.] \nmutual company. See COMPANY. \nmutual contract. See bilateral contract under \nCONTRACT. \nmutual debts. See DEBT. \nmutual demands. (l7c) Countering demands between \ntwo parties at the same time <a claim and counterclaim \nin a lawsuit are mutual demands>. [Cases: Set-off and \nCounterclaim C=::c41.] \nmutual fund. (1934) 1. An investment company that \ninvests its shareholders' money in a usu. diversified \nselection of securities. -Often shortened to fund. 2. \nLoosely, a share in such a company. \nbalanced fund. A mutual fund that maintains a \nbalanced investment in stocks and bonds, investing \na certain percentage in senior securities. \nbond fund. A mutual fund that invests primarily in \nspecialized corporate bonds or municipal bonds. \nclosed-end fund. A mutual fund having a fixed \nnumber of shares that are traded on a major securi\nties exchange or an over-the-counter market. \ncommon-stock"}
{"text": "\nnumber of shares that are traded on a major securi\nties exchange or an over-the-counter market. \ncommon-stock fund. A mutual fund that invests only \nin common stock. dualfund. A closed-end mutual fund that invests in \ntwo classes ofstock -stock that pays dividends and \nstock that increases in investment value without divi\ndends . A dual fund combines characteristics ofan \nincome fund and a growth fund. -Also termed dual\npurpose fund; leverage fund; split fund. \nfully managed fund. A mutual fund whose policy \nallows reasonable discretion in trading securities in \ncombination or quantity. \nglobal fund. A mutual fund that invests in stocks and \nbonds throughout the world, including the U.S. \nAlso termed world fund. Cf. single-country fund; \ninternational fund. \ngrowth fund. A mutual fund that typically invests \nin well-established companies whose earnings are \nexpected to increase . Growth funds usu. pay small \ndividends but offer the potential for large share-price \nincreases. \nhedge fund. See HEDGE FUND. \nincome fund. A mutual fund that typically invests in \nsecurities that consistently produce a steady income, \nsuch as bonds or dividend-paying stocks. \nindex fund. A mutual fund that invests in the stock of \ncompanies constituting a specific market index, such \nas Standard & Poor's 500 stocks, and thereby tracks \nthe stock average. \ninternational fund. A mutual fund that invests in \nstocks and bonds of companies outside the U.S., \nbut not those within. Cf. global fund; single-country \nfund. \nleverage fund. See dual fund. \nload fund. A mutual fund that charges a commission, \nusu. ranging from 4 to 9%, either when shares are pur\nchased (afront-end load) or when they are redeemed \n(a back-end load). \nmoney-market fund. A mutual fund that invests \nin low-risk government securities and short-term \nnotes. \nno-load fund. A mutual fund that does not charge \nany sales commission (although it may charge fees \nto cover operating costs). \nopen-end fund. A mutual fund that continually offers \nnew shares and buys back existing shares on demand. \n An open-end fund will continue to grow as more \nshareholders invest because it does not have a fixed \nnumber of shares outstanding. \nperformance fund. A mutual fund characterized by \nan aggressive purchase of stocks expected to show \nnear-term growth. \nregional fund. A mutual fund that concentrates its \ninvestments in a specific geographic area or a par\nticular economic area. \nsingle-country fund. A mutual fund that invests in an \nindividual nation outside the U.S. Cf. global fund; \ninternational fund. \nsplit fund. See dual fund. \n\n1117 \nutilityfund. A mutual fund that invests only in public\nutility securities. \nvaluefund. A mutual fund that invests in stocks that \nits manager believes to be priced below their true \nmarket value. \nvulturefund. An investment company that purchases \nbankrupt or insolvent companies to reorganize them \nin hopes ofreselling them at a profit. \nworldfund. See global fund. \nmutual-fund wrap account. See ACCOUNT. \nmutual insurance. See INSURANCE. \nmutual insurance company. See INSURANCE COMPANY. \nmutuality. (16c) The state of sharing or exchanging \nsomething; a reciprocation; an interchange <mutual\nity of obligation>. [Cases: Contracts C:=> 10.] \nmutuality doctrine. (1926) The collateral-estoppel \nreqUirement that, to bar a party from relitigating an \nissue determined against that party in an earlier action, \nboth parties must have been in privity with one another \nin the earlier proceeding. Also termed mutuality of \nparties. [Cases: Judgment 678.] \nmutuality ofassent. See MEETING OF THE MINDS. \nmutuality ofbenefits. See RECIPROCITY (2). \nmutuality of contract. See MUTUALITY OF OBLIGA\nTION. \nmutuality of debts. Bankruptcy. For purposes of setoff, \nthe condition in which debts are owed between parties \nacting in the same capacity, even though the debts are \nnot of the same character and did not arise out ofthe \nsame transaction. [Cases: Bankruptcy C::)2674.] \nmutuality of estoppel. (1852) 'The collateral-estoppel \nprinciple that a judgment is not concluSively in favor \nof someone unless the opposite decision would also be \nconclusively against that person. [Cases: Judgment \n625,666.] \nmutuality ofobligation. (l838) The agreement ofboth \nparties to a contract to be bound in some way. -Also \ntermed mutuality ofcontract. See mutual assent under \nASSENT. [Cases: Contracts G~10.] \n\"[The] so-called doctrine of 'mutuality of obligation' in \nbilateral contracts ... unfortunately has been the cause of \nno little confusion. This confusion is evident from the fact \nthat, while it is commonly admitted there is such a doctrine, \nthere is a lack of unanimity, both in the statement of it \nand in regard to its application. The most common mode \nof statement is: 'In a bilateral agreement both promises \nmust be binding or neither is binding.' This statement is \nobviously ambiguous, since it does not indicate in what \nsense the promises must be binding. The fact is that it \nhas been variously interpreted and applied by the courts \nwith results that have sometimes been inconsistent with \nother well settled principles of the law of consideration. \nUsually it has been held to mean that a promise that is \nnot legally obligatory cannot be consideration in spite of \nthe fact that it may satisfy all the usual requirements of \nconsideration. However, at times it has in effect been held \nto involve the requirement that the undertaking of the \npromise relied upon as a consideration must be reason\nably commensurate with, or equivalent to, the undertaking \nof the promise which it supports, before it can constitute mutuum \nconsideration - a kind of doctrine of mutuality of under \ntaking.\" John Edward Murray Jr., Murrayon Contracts  90, \nat 190-91 (2d ed. 1974). \n\"The doctrine of mutuality of obligation is commonly \nexpressed in the phrase that in a bilateral contract 'both \nparties must be bound or neither is bound.' But this phrase \nis over-generalization because the doctrine is not one of \nmutuality of obligation but rather one of mutuality of \nconsideration. Phrasing the rule in terms of mutuality of \nobligation rather than in terms of consideration has led \nto so-called exceptions and judicial circumventions .... \nIt has been suggested that the term 'mutuality of obliga\ntion' should be abandoned and we must agree in the light \nof the confusion that this term has engendered.\" John D. \nCalamari &Joseph M. Perillo. The Law ofContracts  4-12, \nat 226 (3d ed. 1987). \nmutuality of parties. See MUTUALITY DOCTRINE. \nmutuality ofremedy. (l8l9) The availability of a remedy, \nesp. equitable relief, to both parties to a transaction, \nsometimes required before either party can be granted \nspecific performance. See SPECIFIC PERFORMAKCE. \n[Cases: Specific Performance \nmutual mistake. See MISTAKE. \nmutual promises. See PROMISE. \nmutual release. See RELEASE. \nmutual rescission. See RESCISSION (2). \nmutual savings bank. See BANK. \nmutual testament. See mutual will under WILL. \nmutual will. See WILL \nmutuant (myoo-choo-dnt). The provider ofproperty in \na mutuum. See MUTUUM. Cf. MUTUARY. \nmutua petitio (myoo-choo-<l p<l-tish-ee-oh), [Latin] \nScots law. A counterclaim. See COUNTERCLAIM. PI. \nmutuae petitiones. \nmutuari (myoo-choo-air-I), vb. [Latin] To borrow. \nmutuary (myoo-choo-er-ee). (1839) The recipient of \nproperty in a mutuum. See MUTUUM. Cf. MUTUANT. \n[Cases: Bailment C:=>2, 7.] \nmutuatus (myoo-choo-ay-t<ls), n. [Latin] A borrowing; \na loan ofmoney. \nmutui datio (myoo-choO-I day-shee-oh). [Latin] Roman \nlaw. lbe lending of objects that could be weighed, \nmeasured, or counted (such as bullion, corn, wine, \noil, and coined money), on the understanding that the \nborrower would repay by restoring an equal amount of \nthe object borrowed. See MUTUUM (2). \nmutus etsurdus (myoo-tds et s<lr-d<ls). [Latin] Hist. Deaf \nand dumb. \nmutuum (myoo-choo-am), n. (I5c) 1. A transac\ntion (sometimes referred to as a bailment) in which \ngoods are delivered but, instead of being returned, \nare replaced by other goods of the same kind. At \ncommon law such a transaction is regarded as a sale \nor exchange, not as a bailment, because the particular \ngoods are not returned. [Cases: Bailment ~'2, 7.] 2. \nRoman law. A real contract in which money or fungible \ngoods were delivered from the lender to the borrower, \nwho was strictly liable to return an equivalent amount. \n\n1118 mysterious disappearance \n Because the contract was gratuitous, any interest had \nto be demanded by stipulation. This was one ofthe real \ncontracts, along with the loan for use (commodatum \n(kom-d-day-tdm)) and deposit and pledge (pignoratio \n(pig-nd-ray-shee-oh)). See MUTUI DATIO. \nmysterious disappearance. A loss of property under \nunknown or baffling circumstances that are difficult to \nunderstand or explain. The term is used in insurance \npolicies covering theft. [Cases: Insurance C=-2152.] \n\"Under a policy insuring against loss of property by \n'mysterious disappearance' recovery is generally allowed where the article disappears from the place the insured \nleft it, while recovery is ordinarily disallowed where the \ninsured has no recollection of when he last had possession \nof the article and cannot say when or from what place it \ndisappeared. Thus the addition of the words 'mysterious \ndisappearance' to a theft policy does not transform it to \nan 'all loss' policy covering lost or mislaid articles, but it \nremains a theft policy.\" 43 Am. Jur. 2d Insurance  501, at \n575-76 (1982). \nmystic testament. See mystic will under WILL. \nmystic will. See WILL. \n\nN \nn.a. \t abbr. (1947) 1. (cap.) National Association. See ! \nnational bank under BANK. 2. Not applicable. 3. Not \navailable. 4. Not allowed. \nNAA. abbr. NEUTRON-ACTIVATION ANALYSIS. \nNAFTA (naf-t;)). abbr. NORTH AMERICAN !'REE TRADE \nAGREEMENT. \nnaked, adj. (14c) (Of a legal act or instrument) lacking \nconfirmation or validation <naked ownership of \nproperty>. \nnaked assignment. See assignment-in-gross under \nASSIGNMENT (2). \nnaked authority. See AUTHORITY (1). \nnaked bailment. See gratuitous bailment under BAIL\nMENT. \nnaked confession. See CONFESSION. \nnaked contract. See NUDUM PACTUM. \nnaked debenture. See DEBENTURE (3). \nnaked deposit.!. See gratuitous bailment under BAIL\nMENT. 2. See DEPOSIT (5). \nnaked expectancy. See naked possibility under POSSI-\nBILITy. \nnaked land trust. See land trust under TRUST. \nnaked license. See LICE::-.rSE. \nnaked licensee. See bare licensee under LICENSEE. \nnaked option. See OPTION. \nnaked owner. See OWNER. \nnaked ownership. See imperfect ownership under OWN\nERSHIP. \nnaked possession. See POSSESSION. \nnaked possibility. See POSSIBILITY. \nnaked power. See POWER (3). \nnaked promise. See gratuitous promise under PROMISE. \nnaked trust. See passive trust under TRUST. \nnam (nam), n. [Old English naamJ Hist. Ihe act of dis\ntraining property. \nnam (nam or nahm), prep. [Latin) For. \n\"Nam .... This particle is frequently used as introductory ! \nto the quotation of a maxim, and sometimes erroneously \ntreated as a part of the maxim quoted.\" 2 Alexander M. \nBurrill, A Law Dictionary and Glossary 219 (2d ed. 1867). \nnamare (n<J-mair-ee), vb. [Law Latin] Rist. To distrain \nproperty. \nnamation (n<J-may-sh;m), n. [fr. Old English naml Hist. \n1. The act of distraining property. 2. Scots law. The I \nimpounding of property. -Also termed namatio. name, n. (bef. 12c) A word or phrase identifying or desig\nnating a person or thing and distinguishing that person \nor thing from others. \nalias. See ALIAS. \nassumed name. See ASSUMED NAME. \nbrand name. See TRADENAME. \nChristian name. See personal name. \ncorporate name. 'Ine registered name under which a \ncorporation conducts legal affairs such as suing, being \nsued, and paying taxes; the name that a corporation \nfiles with a state authority (usu. the secretary ofstate) \nas the name under which the corporation will conduct \nits affairs . A corporate name usu. includes, and in \nmany states is required to include, the word \"corpo\nration, \"incorporated,\" or \"company,\" or an abbre\nviation of one of those words. Cf. ASSUMED NAME. \n[Cases: Corporations (;::::>43-50.J \ndistinctive name. A name, esp. a tradename, that \nclearly distinguishes one thing from another. -To \nmaintain an action for tradename infringement, the \nplaintiff must prove, among other things, that it owns \na distinctive name. [Trademarks 1029.J \nfictitious name. 1. See ASSUMED NAME. 2"}
{"text": "[Trademarks 1029.J \nfictitious name. 1. See ASSUMED NAME. 2. See ALIAS. \n3. See JOHN DOE. \nfirst name. See personal name. \nfull name. An individual's personal name, second \nor middle names or initials (if any), and surname \narranged in a customary order . In Western cultures, \nthe traditional order is usu. personal name, middle \nnames or initials, and surname. In many other \ncultures, the order is surname first, followed by one \nor more personal names. [Cases: Names (;:;, 1.J \ngeneric name. See GENERIC NAME. \ngeographic name. A name that deSignates a geographic \nlocation or area. Also termed geographical name. \ngiven name. See PERSONAL NAME. \nlegal name. A person's full name as recognized in law. \n A legal name is usu. acquired at birth or through \na court order. There are no rules governing a legal \nname's length or constitution; it may be a single name \n(e.g., Prince) or include words not generally used in \nhuman names (e.g., Moon Unit). [Cases: Names \n1.] \nmaiden \t name. A woman's childhood surname \n(which mayor may not remain her surname tor \nlife). Normally the term is used only in reference \nto a woman who has married and changed her last \nname. \nnickname. See NICKNAME. \n\npersonal name. An individual's name or names given \nat birth, as distinguished from a family name. -Also \ntermed given name; (in the Western tradition) first \nname; (in the Christian tradition) Christian name. \nCf. surname. [Cases: Names ~2.] \nproprietary name. Trademarks. A nondescriptive name \nthat may be owned and registered as a trademark. \n[Cases: Trademarks ~1040.] \nstreet name. See STREET NAME. \nsurname. The family name automatically bestowed at \nbirth, acquired by marriage, or adopted by choice . \nAlthough in many cultures a person's surname is tra\nditionally the father's surname, a person may take the \nmother's surname or a combination of the parents' \nsurnames. [Cases: Names ~2,9.] \ntradename. See TRADENAME. \nname-and-arms clause. Hist. A clause (usu. in a will or \nsettlement transferring property) providing that the \nproperty's recipient must assume and continue using \nthe testator's or settlor's surname and coat-of-arms, or \nelse the property will pass to another person. [Cases: \nWills ~642.] \nnamed additional insured. See additional insured under \nINSURED. \nnamed insured. See INSURED. \nnamed-insured exclusion. See EXCLUSION (3). \nnamed partner. See name partner under PARTNER. \nnamed-perils policy. See multiperil policy under INSUR\nANCE POLICY. \nnamed plaintiff. See class representative under REPRE\nSENTATIVE. \nnamely, adv. By name or particular mention; that is to \nsay <the plaintiff asserted two claims, namely wrongful \ntermination and slander> . The term indicates what is \nto be included by name. By contrast, including implies \na partial list and indicates that something is not listed. \nSee INCLUDE. \nname partner. See PARTNER. \nnamium (nay-mee-;lm), n. [Law Latin] Hist. The act of \ndistraining property. \nnamium vetitum (nay-mee-;lm vet-;l-t;lm), n. [Law Latin \n\"taking prohibited\"] Hist. A refused or prohibited \ntaking or redelivery. This term is most often asso\nciated with the circumstance in which a lord's bailiff \ndistrained animals or goods, and was ordered by the \nlord to take them to an unknown place or otherwise \nnot to redeliver them when the sheriff came to replevy \nthem. -Also termed vetitum namium. \nnanny tax. See TAX. \nnantissement (non-tis-mahn), n. [French] French law. A \nsecurity or pledge . Ifit involves movable property, it \nis called \"gage.\" If it involves immovable property such \nas real estate, it is called \"antichrese.\" \nNAPABA. abbr. NATIONAL ASIAN PACIFIC AMERICAN \nBAR ASSOCIATION. Napoleonic Code. 1. (usu. pi.) The codification of French \nlaw commissioned by Napoleon in the 19th century, \nincluding the Code civil (1804), the Code de procedure \ncivil (1806), the Code de commerce (1807), the Code \npenal (1810), and the Code d'instruction crimenelle \n(1811). -Sometimes shortened to Napoleon. -Also \ntermed Code Napoleon (abbr. CN). 2. Loosely, CIVIL \nCODE (2). \nNAR. abbr. NATIONAL ASSOCIATION OF REALTORS. \nNARA. abbr. NATIONAL ARCHIVES AND RECORDS ADMI\nNISTRATION. \nnarcoanalysis (nahr-koh-;l-nal-;l-sis). (1936) The process \nof injecting a \"truth-serum\" drug into a patient to \ninduce semiconsciousness, and then interrogating the \npatient. This process has been utilized to enhance the \nmemory ofa witness. [Cases: Witnesses ~257.1O.] \nnarcotic, n. (14c) 1. An addictive drug, esp. an opiate, \nthat dulls the senses and induces sleep. 2. (usu. pi.) A \ndrug that is controlled or prohibited by law.[Cases: \nControlled Substances ~9.] -narcotic, adj. \nnarr. abbr. NARRATIO. \nnarr-and-cognovit law (nahr-and-kahg-noh-vit). [Latin \nnarratio \"declaration\" and cognovit \"the person has \nconceded\"] Hist. A law providing that a plaintiff will \nbe granted judgment on a note through an attorney's \nconfession that the amount shown on the note, together \nwith interest and costs, constitutes a legal and just \nclaim. Cf. cognovit judgment under JUDGMENT; CON\nFESSION OF JUDGMENT. [Cases: Judgment ~29,54.] \nnarratio (n;l-ray-shee-oh), n. [Latin \"narrative\"] Hist. A \ndeclaration, complaint, or petition in which the plain\ntiff sets out the facts of a case; an oral narrative by the \nplaintiffof the facts and legal arguments on which the \nclaim is based. The term has also been called the \n\"conte\" or \"tale.\" -Abbr. narr. \n\"[Tlhe making of the count, in Latin the narratio, was the \nvery centre of the legal process. We do not know how it \ncame about that the litigant was allowed to speak through \nthe mouth of another, though it has been suggested that \nit was not to prevent mistakes being made but to prevent \nthem being fatal. Certainly the litigant could disavow what \nwas said on his behalf; and perhaps it was only 'said' by \nhim when he formally adopted it. If this is right, our modern \nbarrister began as one who could harmlessly blunder.\" \nS.F.C. Milsom, Historical Foundations of the Common Law \n28 (1969). \nnarrative recital. See RECITAL. \nnarrator (na-ray-tor or na-ray-t;lr), n. [Law Latin] Hist. \nA pleader or counter; a person who prepares pleadings \n(i.e., narrs) .  For example, a serjeant-at-law was also \nknown as serviens narrator. PI. narratores (na-r;l-tor\neez). \n\"The Latin narrator and its French equivalent contour \nbecame technical terms. If an English term was in use, it \nwas perhaps forspeaker.\" 1 Frederick Pollock & Frederic \nW. Maitland, The History ofEnglish Law Before the Time of \nEdward I 215 n.l (2d ed. 1898). \nnarrow certiorari. See CERTIORARI. \nnarrow-channel rule. The navigational requirement that \na vessel traveling down a slim fairway must keep as \n\n1121 \nnear to the fairway wall on the vessel's starboard side \nas is safe and pract'icable. 33 USCA  2009(a)(i). [Cases: \nCollision C='90.] \nnarrowly tailored, adj. (1972) (Of a content-neutral \nrestriction on the time, place, or manner ofspeech in \na deSignated public forum) being only as broad as is \nreasonably necessary to promote a substantial govern\nmental interest that would be achieved less effectively \nwithout the restriction; no broader than absolutely \nnecessary. See deSignated public forum under PUBLIC \nFORUM. [Cases: Constitutional Law 1505, 1747.) \nnarrow sea. (often pi,) A sea running between two coasts \nthat are close to each another . The English Channel, \nfor example, is a narrow sea. \nNASA. abbr. NATIONAL AERONAUTICS AND SPACE ADMI\nNISTRATION. \nnasciturus (nas-a-t[y)oor-as or -t[y]ar-as), n. [fr. Latin \nnascar \"to be born\"] Roman law. An unborn child. \nNASD. abbr. NATIONAL ASSOCIATION OF SECURITIES \nDEALERS. \nNASDAQ (naz-dak). abbr. NATIONAL ASSOCIATION OF \nSECURITIES DEALERS AUTOMATED QUOTATIONS. \nNASS. abbr. NATIONAL AGRICULTURAL STATISTICS \nSERVICE. \nnatale (n;Hay-lee), n. [Latin \"of or belonging to birth\"] \nRist. The status a person acquires by birth. For \nexample, if one or both parents of a child were serfs, \nthe child was generally regarded as a serf, and a child \nborn free rarely became a serf. See NATIVUS. \nnati et nascituri (nay-u et nas-a-t[yJoor-I or t[y]ar-I), n. \npl. [Latin \"born and to be born\"] Hist. A person's heirs, \nnear and remote. \nnatio (nay-shee-oh), n. [Latin] Hist. 1. A nation, 2. A \ngroup ofstudents. 3. A native place. \nnation, n, (14c) 1. A large group of people haVing a \ncommon origin, language, and tradition and usu. \nconstituting a political entity. When a nation is \ncoincident with a state, the term nation-state is often \nused. Also termed nationality. \n'The nearest we can get to a definition is to say that a \nnation is a group of people bound together by common \nhistory, common sentiment and traditions, and, usually \n(though not always. as, for example, Belgium or Switzer\nland) by common heritage. A state, on the other hand, is a \nsociety of men united under one government. These two \nforms of society are not necessarily coincident. A single \nnation may be divided into several states, and conversely \na single state may comprise several nations or parts of \nnations.\" John Salmond, Jurisprudence 136 (Glanville L \nWilliams ed., 10th ed. 1947). \n2. A community of people inhabiting a defined terri\ntory and organized under an independent government; \na sovereign political state. Cf. STATE. \nnational, adj. (l6c) 1. Ofor relating to a nation <national \nanthem>. 2. Nationwide in scope <national emer\ngency>. National Association of Securities Dealers \nnational, n. 1. A member ofa nation. 2. A person owing \npermanent allegiance to and under the protection ofa \nstate, 8 l;SCA  llOl(a)(21). \nnational ofthe United States. A citizen of the United \nStates or a noncitizen who owes permanent allegiance \nto the United States. 8 USC A  1l01(a)(22). Also \ntermed u.s. national; U.S. citizen, [Cases: Aliens, \nImmigration, and Citizenship C=654.] \nNational Aeronautics and Space Act. A 1958 federal \nstatute that created the National Aeronautics and Space \nAdministration (NASA). 42 USCA  2451-2484. \nNational Aeronautics and Space Administration. The \nindependent federal agency that conducts research into \nspace flight and that builds and flies space vehicles . \nNASA was created by the National Aeronautics and \nSpace Act of 1958,42 USCA  2451-2484. -Abbr. \nNASA, \nNational Agricultural Statistics Service. An agency \nin the U.S. Department of Agriculture responsible \nfor compiling statistical information and estimating \nagricultural production, supply, price, chemical use, \nand other related statistics. _ Most of the data come \nfrom farmers, ranchers, and agribusinesses. -Abbr. \nNASS. \nnational airspace. See AIRSPACE. \n! National Archives and Records Administration. An \nindependent federal agency that sets procedures for \npreserving governmental records that are important\n! for legal and historical reasons; helps federal agencies \nmanage their records; provides record-storage access; \nand manages the Presidential Libraries system,  1he \n. agency, run by the Archivist of the United States, retains \n! only a small percentage ofthe federal records produced \neach year. It publishes the United States Statutes at \nLarge, the Federal Register, the Code ofFederal Regu\nlations, the weekly Compilation ofPresidential Docu\nments, the annual Public Papers ofthe President, and the \nUnited States Government Manual. It is a successor to \nthe National Archives Establishment, created in 1934, \nthat was made a unit of the General Services Admin\nistration in 1949. It became an independent agency in \n1984. -Abbr. NARA. See FEDERAL REGISTER. [Cases: \nRecords C=i 13.] \nNational Asian Pacific American Bar Association. A \nprofessional association of Asian Pacific American \nattorneys, judges, law professors, and law students, \n. emphasizing civil rights and immigration issues. \n! Abbr. NAPABA. \nnational association. See national bank under BANK. \nNational Association of Realtors. An association of \nreal-estate brokers and agents promoting education, \nI professional standards, and modernization in areas of \ni real estate such as brokerage, appraisal, and property \nmanagement. -Abbr. NAR. [Cases: Brokers C='3.] \nNational Association ofSecurities Dealers. A group of \nbro"}
{"text": "NAR. [Cases: Brokers C='3.] \nNational Association ofSecurities Dealers. A group of \nbrokers and dealers empowered by the SEC to regulate \nthe over-the-counter securities market. Abbr. NASD. \n\n1122 National Association of Securities Dealers Automated Quotations \n[Cases: Exchanges 11; Securities Regulation \n40.15.] \nNational Association ofSecurities Dealers Automated \nQuotations. A computerized system for recording \ntransactions and displaying price quotations for a \ngroup of actively traded securities on the over-the\ncounter market. Abbr. NASDAQ. \nNational Association ofWomen Lawyers. An organiza\ntion, formed in 1899, devoted to the interests offemale \nlawyers and their families. Abbr. NAWL. \nnational bank. See BANK. \nNational Bar Association. An organization of primarily \nAfrican-American lawyers, founded in 1925 to promote \neducation, professionalism, and the protection ofcivil \nrights. -Abbr. NBA. \nNational Capital Parks Commission. See NATIONAL \nCAPITAL PLANNING COMMISSION. \nNational Capital Planning Commission. A 12-member \nfederal commission that plans the development of \nfederal lands and facilities in the National Capital \nregion, an area that includes the District of Columbia \nand six nearby counties -two in Maryland and four in \nVirginia. The Commission was originally established \nas the National Capital Park Commission, a park-plan\nning agency, in 1924. Abbr. NCPC. \nNational Capital Region. The District ofColumbia and \nsix nearby counties: Montgomery and Prince George's \nin Maryland. and Fairfax, Loudoun, Prince William, \nand Arlington in Virginia. -Abbr. NCR. \nNational Cemetery Administration. A unit in the U.S. \nDepartment of Veterans Affairs responsible for oper\nating national cemeteries, prOViding headstones for \nunmarked graves of veterans worldwide, and making \ngrants to states for establishing and caring for veterans' \ncemeteries. -Abbr. NCA. \nNational Conference ofBlack Lawyers. An organization \nof African American attorneys formed in 1969, active \nesp. in civil rights. -Abbr. NCBL. \nNational Conference of Commissioners on Uniform \nState Laws. An organization that drafts and proposes \nstatutes for adoption by individual states, with the goal \nofmaking the laws on various subjects uniform among \nthe states . Founded in 1892 and composed of repre\nsentatives from all 50 states, the Conference has drafted \nmore than 200 uniform laws, including the Uniform \nCommercial Code. -Abbr. NCCUSL. -Also termed \nUniform Law Commissioners. See UNIFORM ACT; MODEL \nACT; UNIFORM LAW. \nNational Council ofJuveniIe and Family Court Judges. \nAn organization of judges and hearing officers who \nexercise jurisdiction over abuse, neglect, divorce, \ncustody and visitation, support, domestic-violence, and \nother family-law cases . Founded in 1937, the Council \nhas an educational and support facility located near \nReno, Nevada. Itprovides training, technical support, \nand professional assistance in improving courtroom \noperations. National Credit Union Administration. An indepen\ndent federal agency that charters, insures, supervises, \nand examines federal credit unions; administers the \nNational Credit Union Share Insurance Fund and \nthe Community Development RevolVing Loan Fund; \nand manages the Central liqUidity Facility, a separate \nmixed-ownership government corporation that \nsupplies emergency loans to member credit unions . \nThe agency was established in 1970 and reorganized \nin 1978. -Abbr. NCUA. [Cases: Building and Loan \nAssociations \nnational currency. See CURRENCY. \nNational Daily Quotation Service. See PINK SHEET. \nnational debt. (l8c) The total financial obligation of \nthe federal government, including such instruments \nas Treasury bills, notes, and bonds, as well as foreign \ndebt. [Cases: United States \nnational defense. 1. All measures taken by a nation to \nprotect itself against its enemies . A nation's protec\ntion of its collective ideals and values is included in the \nconcept of national defense. [Cases: War and National \nEmergency C=>48.J 2. A nation's military establish\nment. \nNational Disaster Medical System. A unit ofthe Federal \nEmergency Management Agency in the U.S. Depart\nment of Homeland Security responsible for training, \nequipping, and deploying teams ofemergency medical \nresponders and for coordinating the transportation \nof people affected by emergencies . The agency was \ntransferred from the U.S. Department of Health and \nHuman Services in 2003. -Abbr. NDMS. \nnational domicile. See DOMICILE. \nNational Economic Council. See OFFICE OF POLICY \nDEVELOPMENT. \nnational emergency. A state of national crisis or a situ\nation requiring immediate and extraordinary national \naction. [Cases: War and National Emergency \nNational Endowment for the Arts. An independent \nfederal agency that promotes involvement in the arts \nby making grants to organizations, honOring artists \nfor their achievements, expanding artistic resources, \npreserving cultural heritage, and funding projects that \neducate children and adults in the arts. -Abbr. NEA. \nSee NATIONAL FOUNDATION ON THE ARTS AND THE \nHUMANITIES. \nNational Endowment for the Humanities. An inde\npendent federal agency that supports research, educa\ntion, and public programs in the humanities through \ngrants to individuals, groups, and institutions. Abbr. \nNEH. See NATIONAL FOU:-lDATION ON THE ARTS AND \nTHE HUMANITIES. \nNational Environmental Policy Act. A 1969 federal \nstatute establishing U.S. environmental policy . The \nstatute requires federal agencies to submit an envi\nronmental-impact statement with every proposal \nfor a program or law that would affect the environ\nment. 42 USCA  4321-4347 Abbr. NEPA. See \n\n1123 \nENVIRONMENTAL-IMPACT STATEMENT. [Cases: Envi\nronmental Law ~)571-615.1 \n\"One should not assume that NEPA's emphasis upon pro\ncedural consideration of environmental consequences \nsomehow diminishes its stature. To the contrary, NEPA \nis the key environmental statute to be reckoned with in \nlawsuits challenging agency action on NEPA grounds. As a \nresult of the popularity of NEPA in court, federal agencies \nhave become extremely sensitive to NEPA's procedural \ncommands. They have not only sought to articulate the \nenvironmental impacts of their decisions before-the-fact, \nthey have also either abandoned projects or mitigated \ntheir adverse environmental consequences after perform\ning NEPA studies.\" Jan G. Laitos, Natural Resources Law \n 4.01, at 119 (2002). \nNational Environmental Satellite, Data, and Infor\nmation Service. See NATIONAL OCEANIC AND ATMO\nSPHERIC ADMINISTRATION. \nNational Firearms Act. A 1934 federal statute that \ngoverns the manufacture, possession, and transfer of \ncertain types of firearms and other weapons . In its \noriginal form, the act banned gangster-type weapons, \nsuch as machine guns and sawn-off shotguns. It has \nbeen expanded by amendments to cover most rifles \nand handguns, and also\" destructive devices\" such \nas grenades and land mines. 26 USCA  5801 et seq. \n[Cases: Explosives Weapons \nNational Foundation on the Arts and the Humanities. \nAn independent federal foundation that encourages \nand supports progress in the humanities and the arts \nby supporting the National Endowment for the Arts, \nthe National Endowment for the Humanities, and the \nInstitute of Museum and Library Services . The agency \nwas created by act of Congress in 1965. See NATIONAL \nENDOWMENT FOR THE ARTS; NATIONAL ENDOWMENT \nFOR THE HUMANITIES; INSTITUTE OF MUSEUM AND \nLIBRARY SERVICES, \nnational government. The government of an entire \ncountry, as distinguished from that ofa province, state, \nsubdivision, or territory of the country and as distin\ngUished from an international organization. Seefederal \ngovernment (2) under GOVERNMENT. \nNational Guard. '{he U.S. militia, which is maintained \nas a reserve for the U.S. Army and Air Force. -Its \nmembers are volunteers, recruited and trained on a \nstatewide basis and equipped by the federal government. \nA state may request the National Guard's assistance in \nquelling disturbances, and the federal government may \norder the National Guard into active service in times of \nwar or other national emergency. See MILITIA. [Cases: \nArmed Services Militia C-:::;, 1-22.1 \nNational Highway Traffic Safety Administration. \nA unit in the U.S. Department of Transportation \nresponsible for regulating the safety of motor vehicles \nand their equipment . The agency's work focuses on \nmatters such as theft prevention, speed limits, truthful \nodometer readings, and fuel consumption. It was estab\nlished by the Highway Safety Act of 1970. 23 USCA \n 101 et seq. -Abbr. NHTSA. \nNational Imaging and Mapping Agency. A unit in the \nG.S. Department of Defense responsible for providing National Labor Relations Act \nthe armed forces and intelligence officers with up\nto-date and accurate geospatial information, esp. in \nthe form of photographs, maps, and charts. -Abbr. \nNIMA. \nNational Institute for Literacy. A federally aided insti\ntute that leads national efforts to achieve universal \nliteracy. Abbr. NIFL. \nNational Institute of Corrections. A federal organiza\ntion (established within the Bureau of Prisons) whose \nresponsibilities include helping federal, state, and local \nauthorities improve correctional programs, conducting \nresearch on correctional issues such as crime preven\ntion, and conducting workshops for law-enforcement \npersonnel, social workers, judges, and others involved \nin treating and rehabilitating offenders. 18 USCA \n 4351-4353. See BUREAU OF PRISONS. \nNational Institute of Standards and Technology. See \nTECHNOLOGY ADMINISTRATION. \nnationality. (I7c) 1. NATION (1). 2. The relationship \nbetween a citizen of a nation and the nation itself, cus\ntomarily involving allegiance by the citizen and pro\ntection by the state; membership in a nation . This \nterm is often used synonymously with citizenship. See \nCITIZENSHIP. 3. The formal relationship between a ship \nand the nation under whose flag the ship sails. See FLAG \nSTATE. [Cases: Shipping <:r'-=>2.J \n\"'Nationality' is a term which has long been used to define \nthe legal relationship between a state and a ship which is \nauthorized by the state to fly its flag .... Discussions in the \nInternational Law Commission in 1951 reflected concern \nthat the use of the term 'nationality' in reference to ships \nwas misleading as it implied similarity to the term's use \nin defining the legal relationship between a state and its \ncitizen. Nonetheless, the term has continued to be the \none most often employed in describing the relationship \nbetween a ship and its flag state. It is important to realize, \nhowever, that in spite of their common names, the legal \nrelationship ascribed to the nationality of ships does differ \nfrom that arising from the nationality of natural orjuridical \npersons.\" Louis B. 50hn & Kristen Gustafson, The Law of \nthe Sea in a Nutshell12 (1984). \nNationality Act. See IMMIGRATION AND NATIONALITY \nACT. \nnationality theory. The jurisdictional principle that \ncitizens are subject to the laws of their country, no \nmatter where the citizens are. [Cases: International \nLawC:::>7.] \nnationalization, n. (1847) 1. Ibe act of bringing an \nindustry under governmental control or ownership. \n[Cases: International Law 10.16.] 2. The act of \ngiving a person the status of a citizen. See NATURAL\nIZATION. [Cases: Aliens, Immigration, and Citizenship \n(;.\":::>689-728.] \nnationalize, vb. (1809) 1. To bring (an industry) under \ngovernmental control or ownership. 2. To give (a \nperson) the status ofa citizen; NATURALIZE. \nNational Labor Relations Act. A federal statute regu\nlating the relations between employers and employees \nand establishing the National Labor Relations Board. \n29 USCA  151-169. The statute is also known as \n\n1124 National Labor Relations Board \nthe Wagner Act of 1935. It was amended by the Taft\nHartley Act of 1947 and the Landrum-Griffin Act of \n1959. Abbr. NLRA. Also termed Wagner Act. \n[Cases: Labor and Employment \nNational Labor Relations Board. An independent five\nmember federal board created to prevent and remedy \nunfair labor practices and to safeguard employees' \nrights to organize into labor unions. -The board \nhears complaints of unfair labor practices and issues \norders that can be reviewed or enforced by a U.S. court \nof appeals. The agency was created by the National \nLabor Relations Act of 1935. 29 USCA  153. Abbr. \nNLRB. -Often shortened to Labor Relations Board. \n[Cases: Labor and Employment C=' 1650.1 \nNational Lawyers Guild. An association oflawyers, law \nstudents, and legal workers dedicated to promoting a \nleft-wing political and social agenda. -Founded in \n1937, it now comprises some 4,000 members. Cf. FED\nERALIST SOCIETY. \nNational Marine Fisheries Service. -Abbr. NMFS. See \nNATIO:>IAL OCEANIC AND ATMOSPHERIC ADMINISTRA\nTION. \nNational Mediation Board. An independent federal \nboard that mediates labor-management disputes in \nthe airline and railroad industries and provides admin\nistrative and financial support in adjusting grievances \nin the railroad industry. -The agency was created by \nthe Railway Labor Act of 1934 to prevent interrup\ntions in service. 45 USCA  154-163. -Abbr. NMB. \nCf. FEDERAL MEDIATION AND CONCILIATION SERVICE. \n[Cases: Labor and Employment \nnational monument. (1879) An object or structure and \nthe land on which it"}
{"text": "[Cases: Labor and Employment \nnational monument. (1879) An object or structure and \nthe land on which it is situated, publicly proclaimed by \nthe u.s. President to be of historic or scientific interest. \nSee 16 USCA  341. \nNational Motor Vehicle Theft Act. See DYER ACT. \nNational Oceanic and Atmospheric Administration. \nA unit in the u.s. Department of Commerce respon\nsible for monitoring the environment in order to make \naccurate and timely weather forecasts and to protect \nlife, property, and the environment. -It was established \nin 1970 under Reorganization Plan No.4 of 1970 and \noperates through several agencies: the National Weather \nService (NWS); the National Environmental Satellite, \nData, and Information Service (NESDIS); the National \nMarine Fisheries Service (NMFS); the National Ocean \nService (NOS); and the Office of Oceanic and Atmo\nspheric Research (OAR). It also maintains a fleet of \nships and aircraft for research. -Abbr. NOAA. \nNational Ocean Service. See NATIONAL OCEANIC AND \nATMOSPHERIC ADMINISTRATION. \nnational of the United States. See NATIONAL. \nNational Organ Transplant Act. A 1984 federal \nlaw banning the sale of human organs. 42 USCA \n 273-274. -Abbr. NOTA. [Cases: Gifts \nnational origin. (1880) The country in which a person \nwas born, or from which the person's ancestors came. This term is used in several antidiscrimination statutes, \nincluding Title VII of the Civil Rights Act of 1964, \nwhich prohibits discrimination because ofan individ\nual's \"race, color, religion, sex, or national origin.\" 42 \nUSCA  2000e-2. [Cases: Civil Rights C='1009,1107.] \nnational park. (1868) A scenic, natural, historic, and \nrecreational area owned bv the United States and set \naside for permanent protection. -Yellowstone National \nPark was declared the first national park in 1872. See 16 \nUSCA  la-L [Cases: United States C='57.] \nNational Park Service. A unit in the U.S. Department \nof the Interior responsible for managing the nation's \nnational parks, monuments, scenic parkways, pre\nserves, trails, river ways, seashores, lakeshores, rec\nreational areas, and historic sites commemorating \nmovements, events, and personalities of America's past. \n-The Service was established in 1916. 16 USCA  1. \n[Cases: United States \nNational Priorities List. Environmental law. The Envi\nronmental Protection Agency's list of the most serious \nuncontrolled or abandoned hazardous-waste sites \nthat are identified for possible long-term remediation \nas Superfund sites. 40 CFR  35.6015. Abbr. NPL. \n[Cases: Environmental Law C='436.] \nNational Quotation Bureau. A company that publishes \ndaily price quotations (pink sheets) of over-the-counter \nsecurities. \nNational Railroad Passenger Corporation. A federally \nchartered corporation created by the Rail Passenger \nService Act of 1970 to provide intercity rail passen\nger service. _ The corporation owns or leases railroad \nstations and operates passenger trains over tracks that \nare almost entirely owned by others. -Abbr. NRPC. \nUsu. termed Amtrak. [Cases: Railroads (;:=>5.51.] \nNational Reporter System. A series oflawbooks, pub\nlished by the West Group, containing every published \nappellate decision of the federal and state courts in \nthe United States. -For federal courts, the system \nincludes the Supreme Court Reporter, Federal Reporter, \nFederal Claims Reporter, Federal Supplement, Federal \nRules Decisions, Bankruptcy Reporter, Military Justice \nReporter, and Veterans Appeals Reporter. For state \ncourts, the system includes the Atlantic Reporter, Cal\nifornia Reporter, New York Supplement, North Eastern \nReporter, North Western Reporter, Pacific Reporter, \nSouth Eastern Reporter, Southern Reporter, and South \nWestern Reporter. \nNational Response Center. Environmental law. A \nnationwide communication center located in \\Vash\nington, D.C., responSible for receiving, and relaying \nto appropriate federal officials, all notices of oil dis\ncharges and other releases of hazardous substances. \n40 CFR  310.11. \nnational river. See RIVER. \nNational Science Foundation. An independent federal \nfoundation that promotes progress in science and engi\nneering through grants, contracts, and other agree\nments awarded to universities, colleges, academic \n\n1125 \nconsortia, and nonprofit and small-business institu\ntions. It was created by the National Science Founda\ntion Act of 1950. -Abbr. NSF. \nNational Security Agency. A unit in the U.S. Depart\nment ofDefense responsible for protecting U.S. infor\nmation systems as well as producing foreign intelligence \ninformation . The agency uses code makers and code \nbreakers. Abbr. NSA. [Cases: War and National \nEmergency ~48.1.] \nNational Security Council. An agency in the Execu\ntive Office ofthe President responsible for advising the \nPresident on national-security matters . Itwas created \nby the National Security Act of 1947. 50 USCA  402. \nAbbr. NSC. \nnational-security letter. A document that is issued by \nan FBI official, or by a senior official ofanother federal \nagency, and that functions as a subpoena requiring the \nrecipient, usu. a business, to turn over specific business \ndocuments. The Department of Justice provides \nguidelines for the issuance ofa national-security letter, \nwhich is not typically reviewed by a court or magistrate. \nFederal law prohibits the letter's recipient from disclos\ning the existence ofthe letter, except to an attorney. -\nAbbr. NSL [Cases: War and National Emergency ~ \n50.] \nnational-security privilege. See state-secrets privilege \nunder PRIVILEGE (3). \nnational-service life insurance. See LIFE INSURANCE. \nNational Stolen Property Act. A federal statute that \nmakes it a crime to transport, transmit, or transfer in \ninterstate or foreign commerce goods or money worth \n$5,000 or more if the person knows that the money or \ngoods were obtained unlawfully. 18 USCA  2311 et \nseq. Abbr. NSPA. [Cases: Receiving Stolen Goods \n~1-4.] \nnational synod. See SYNOD. \nNational Technical Information Service. See TECHNOL\nOGY ADMINISTRATION. \nNational Technical Institnte for the Deaf. A federally \naided institute, located in Rochester, New York, respon\nsible for educating large numbers ofdeaf students on \na college campus designed primarily for students who \ncan hear.  Established by Congress in 1965, the insti\ntute is a part of the Rochester Institute for Technol\nogy. Abbr. NTID. \nNational Telecommunications and Information \nAdministration. A unit in the U.S. Department of \nCommerce responsible for advising the President on \ntelecommunications and information policy; conduct\ning research through its Institute for Telecommunica\ntions Sciences; and making grants to support advanced \ninfrastructures and to increase ownership by women \nand minorities. Abbr. NTlA. \nNational Transportation Safety Board. An independent \nfive-member federal board that investigates air, rail, \nwater, highway, pipeline, and hazardous-waste acci\ndents; conducts studies; and makes recommendations nativi de stipite \nto government agencies, the transportation industry, \nand others on safety measures and practices. The \nagency was created in 1966.49 USCA  1101-1155. -\nAbbr. NTSB. [Cases: Aviation ~'31.] \nnational treatment. Intellectual property. The policy or \npractice ofa country that accords the citizens ofother \ncountries the same intellectual-property protection as \nit gives its own citizens, with no formal treaty of reci\nprocity required . The principle of national treatment \nunderlay the first international intellectual-property \ntreaties in the 19th century, the Paris and Berne Con\nventions' and is also embodied in the TRIPs Agree\nment. Cf. RECIPROCITY; U:-1IVERSALITY. \n\"The beauty ofthe principle of national treatment is that it \nallows countries the autonomy to develop and enforce their \nown laws, while meeting the demands for international \nprotection. Effectively, national treatment is a mecha\nnism of international protection without harmonization.\" \nLionel Bently & Brad Sherman, Intellectual Property Law \n5 (2001). \nnational-treatment clause. A provision contained in \nsome treaties, usu. commercial ones, according for\neigners the same rights, in certain respects, as those \naccorded to nationals. [Cases: Treaties (::>8.) \nnational union. See UNION. \nNational Weather Service. See NATIONAL OCEANIC AND \nATMOSPHERIC ADMINISTRATION. \nnations, law of. See INTERNATIONAL LAW. \nnation-state. See NATION (1). \nnatis et nascituris (nay-tis et nas-i-t[y)nur-is). [Latin] \nHist. To children born and to be born. This was a \ncommon destination used to convey an inheritance. \nnative, n. (16c) 1. A person who is a citizen of a particular \nplace, region, or nation by virtue of having been born \nthere. 2. A person whose national origin derives from \nhaving been born within a particular place. 3. Loosely, \na person born abroad whose parents are citizens of the \nnation and are not permanently residing abroad. 4. \nLoosely, a person or thing belonging to a group indige\nnous to a particular place . The term Native American \nis sometimes shortened to native. [Cases: Indians ~ \nlOLl \nNative American law. The body of law dealing with \nAmerican Indian tribes and their relationships to \nfederal and state governments, private citizens, and \neach other. -Also termed American Indian law; \nIndian law. \nnative-born, adj. 1. Born within the territorial jurisdic\ntion ofa country. 2. Born of parents who convey rights \nof citizenship to their offspring, regardless ofthe place \nofbirth. \nnative title. See aboriginal title (1) under TITLE (2). \nnativi conventionarii (nd-tI-vI kdn-ven-shee-d-nair\nee-l), n. pl. [Law Latin] Hist. Villeins by contract. \nnativi de stipite (nd-tI-vI dee stip-d-tee), n. pl. [Law \nLatin] Hist. Villeins by birth. See NATIVUS; NATALE. \n\nnativitas 1126 \nnativitas (n,,-tiv-,,-tas), n. [Law Latin] Rist. The servi\ntude or bondage of serfs. \nnativo habendo (n,,-tI-voh h,,-ben-doh), n. DE NATIVO \nHABENDO. \nnativus (nd-tI-vdS), n. [Law Latin] Rist. A person who is \nborn a villein or serf. \n\"Having seen what serfdom means, we may ask how men \nbecome serfs. The answer is that almost always the serf is \na born serf; nativus and vii/anus were commonly used as \ninterchangeable terms ....\" 1 Frederick Pollock & Frederic \nW. Maitland, The History ofEnglish Law Before the Time of \nEdward 1422 (2d ed. 1898). \nnatural, adj. (14c) 1. In accord with the regular course \nof things in the universe and without accidental or \npurposeful interference <a natural death as opposed \nto murder>. 2. Normal; proceeding from the regular \ncharacter ofa person or thing <it is natural for a duck \nto fly south in the winter>. 3. Brought about by nature \nas opposed to artificial means <a natural lake>. 4. \nInherent; not acquired or assumed <natural talent>. \n5. Indigenous; native <the original or natural inhabit\nants of a country>. 6. Ofor relating to birth <natural \nchild as distinguished from adopted child>. [Cases: \nChildren Out-of-Wedlock <::= 1.] 7. Untouched by civ\nilization; wild <only a small part ofthe forest remains \nin its natural state>. -naturally, adv. \nnatural, n. (16c) 1. A person who is native to a place. \nSee NATIVE; natural-born citizen under CITIZEN. 2. A \nperson or thing well suited for a particular endeavor. \nnatural-accumulation doctrine. The rule that a gov\nernmental entity or other landowner is not required \nto remove naturally occurring ice or snow from public \nproperty, such as a highway, unless the entity has, by \ntaking some affirmative action (such as highway con\nstruction), increased the travel hazard to the public. \n[Cases: Automobiles (;=>262: Municipal Corporations \n~\"')773.1 \nnatural affection. (16c) The love naturally existing \nbetween close relatives, such as parent and child. \nNatural affection is not consideration for a contract. \nSee CONSIDERATION (1); executory contract under \nCONTRACT. [Cases: Contracts <::=77.] \nnatural allegiance. See ALLEGIANCE. \nnatural and probable consequence. See NATURAL CON\nSEQUENCE. \nnatural-born citizen. See CITIZEN. \nNatural Born Citizen Clause. (1988) The clause of the \nU.S. Constitution barring persons not born in the \nUnited States from the presidency. U.S. Const. art. II, \n 1, d. 5. [Cases: United States (;:='26.] \nnatural-born subject. See SUBJECT. \nnatural boundary. See BOUNDARY. \nnatural channel. See CHANNEL. \nnatural child. See CHILD. \nnatural cognation. See COGNATION. natural consequence. (16c) Something that predictably \noccurs as the result of an act <plaintiff's injuries were \nthe natural consequence of the car wreck>. -Also \ntermed natural and probable consequence. [Cases: \nDamages <::=21: Xegligence (;=>386.] \nnatural day. See DAY (2). \nnatural death. See DEATH. \nnatural-death act. (1977) A statute that allows a person to \nprepare a living will instructing a physician to withhold \nlife-sustaining procedures ifthe person should become \nterminally ill. See ADVANCE DIRECTIVE; LIVING WILl.. \n[Cases: Health (;:='913.] \nnatural domicile. See domicile of origin under \nDOM"}
{"text": "l.. \n[Cases: Health (;:='913.] \nnatural domicile. See domicile of origin under \nDOMICILE. \nnatural duty. See moral duty under DUTY (1). \nnatural equity. See EQUITY (3). \nnatural father. See biological father under FATHER. \nnatural flood channel. See CHANNEL. \nnatural fool. Rist. A person who is mentally challenged \nfrom birth. See INCOMPETENCY. \nnatural fruit. See FRUIT. \nnatural gas. See DISTILLATE (1). \nnatural guardian. See GUARDIAN. \nnatural heir. See HEIR. \nnaturaliafeudi (nach-d-ray-lee-\" fyoo-dI). [Law Latin] \nScots law. Those things that naturally belong to a feu \ngrant. -The phrase included the grantor's warranty \nagainst eviction of the grantee. \nnatural infancy. See INFANCY. \nnatural interruption. See INTERRUPTION. \nnaturalis possessio (nach-d-ray-lis pd-zes[h]-ee-oh). See \npossessio naturalis under POSSESSIO. \nnaturalization. 06c) The granting of citizenship to a \nforeign-born person under statutory authority. \nNaturalization Clause. (1849) The constitutional provi\nsion stating that every person born or naturalized in \nthe United States is a citizen of the United States and \nof the state ofresidence. U.S. Const. amend. XIV,  1. \nSee JUS SOLI. [Cases: Aliens, Immigration, and Citizen\nship (;:='652, 678.] \nnaturalization court. A court haVing jurisdiction to hear \nand decide naturalization petitions. -Naturalization \ncourts were abolished as a result ofthe Immigration Act \nof 1990. Under current U.S. law, the Attorney General \nhas the sole authority to naturalize citizens. But after \na hearing before an immigration officer, an applicant \nmay seek review ofthe denial ofan application for nat\nuralization in the federal district court for the district \nin which the applicant resides. If an applicant is certi\nfied to be eligible for naturalization, the oath of alle\ngiance may be administered by the Attorney General, a \nfederal district court, or a state court ofrecord. See oath \nofallegiance under OATH. [Cases: Aliens, Immigration, \nand Citizenship \n\n1127 \nnaturalize, vb. (l6c) To grant the rights, privileges, and \nduties of citizenship to (one previously a noncitizen); to \nmake (a noncitizen) a citizen under statutory author\nity. [Cases: Aliens, Immigration, and Citizenship \n689-728.] naturalization, n. \nnaturalized citizen. See CITIZEN. \nnatural justice. See JUSTICE (1). \nnatural law. (I5c) 1. A physical law of nature <gravi\ntation is a natural law>. 2. A philosophical system of \nlegal and moral principles purportedly deriving from \na universalized conception of human nature or divine \njustice rather than from legislative or judicial action; \nmoral law embodied in principles of right and wrong \n<many ethical teachings are based on natural law>. \nAlso termed law ofnature; natural justice; lex aeterna; \neternal law; lex naturae; lex naturalae; divine law; jus \ndivinum;jus naturale; jus naturae; (in sense 2) norma\ntive jurisprudence; jure naturae. Cf. FUNDAMENTAL \nLAW; POSITIVE LAW; DIVINE LAW. \n\"Natural law, as it is revived today, seeks to organize the \nideal element in law, to furnish a critique of old received \nideals and give a basis for formulating new ones, and \nto yield a reasoned canon of values and a technique of \napplying it. I should prefer to call it philosophical juris\nprudence. But one can well sympathize with those who \nwould salvage the good will of the old name as an asset \nofthe science of law.\" Roscoe Pound, The Formative Era of \nAmerican Law 29 (1938). \n\"It is true that when medieval writers spoke of natural law \nas being discoverable by reason, they meant that the best \nhuman reasoning could discover it, and not, of course, that \nthe results to which any and every individual's reasoning \nled him was natural law. The foolish criticism ofJeremy \nBentham: 'a great multitude of people are continually \ntalking of the law of nature; and then they go on giving \nyou their sentiments about what is right and what is wrong; \nand these sentiments, you are to understand, are so many \nchapters and sections ofthe law of nature', merely showed \na contempt for a great conception which Bentham had not \ntaken the trouble to understand.\" J.L. Brierly, The Law of \nNations 20-21 (5th ed. 1955). \n\"[Nlatural law is often an idealization of the opposite to \nthat which prevails. Where inequality or privilege exists, \nnatural law demands its abolition.\" Morris R. Cohen, Reason \nand Law 96 (1961). \nnatural liberty. See LIBERTY. \nnatural life. (ISc) A person's physical life span. \nnatural monopoly, See MONOPOLY. \nnatural monument. See MONUMENT. \nnatural mother. 1. See birth mother under MOTHER. 2. \nSee biological mother under MOTHER. \nnatural object. 1. A person likely to receive a portion \nof another person's estate based on the nature and \ncircumstances of their relationship. -Also termed \nnatural object ofbounty; natural object ofone's bounty; \nnatural object oftestator's bounty. [Cases: Wills C=) \n50.] 2. See natural boundary under BOUNDARY. 3. See \nnatural monument under MONUMENT. \nnatural obligation. See OBLIGATION. \nnatural person. See PERSON (1). \nnatural possession. See POSSESSION. nautae, caupones, stabularii \nnatural premium. See PREMIUM (1). \nnatural presumption. See PRESUMPTION. \nnatural resource. (1870) 1. Any material from nature \nhaving potential economic value or providing for the \nsustenance ofhfe, such as timber, minerals, oil, water, \nand wildlife. 2. Environmental features that serve a \ncommunity's well-being or recreational interests, such \nas parks. [Cases: Environmental Law C='13.J \nNatural Resources Conservation Service. An agency in \nthe U.S. Department of Agriculture responSible for pro\nviding information and financial assistance to farmers \n, and ranchers for voluntary conservation programs . \n; The Service was formerly known as the Soil Conserva\n. tion Service. Abbr. NRCS. \nnatural right. See RIGHT. \nnatural servitude. See SERVITUDE (2). \nnatural succession. See SUCCESSION (2). \nnatural watercourse. See WATERCOURSE. \nnatural wear and tear. See WEAR AND TEAR. \nnatural wrong. See moral wrong under WRONG. \nnatural year. See YEAR. \nnatura negotii (na-tyoor-d ni-goh-shee-r). [LatinJ Hist. \nThe nature of the transaction. \nnature. (l4c) 1. A fundamental quality that distinguishes \none thing from another; the essence of something. 2. \nA wild condition, untouched by civilization. 3. A dis\nposition or personality of someone or something. 4. \nSomething pure or true as distinguished from some\nthing artificial or contrived. 5. The basic instincts or \nimpulses ofsomeone or something. 6. The elements of \nthe universe, such as mountains, plants, planets, and \nstars. \nnatus (nay-tas), adj. [Latin] Born; (of a child) alive. \nnauclerus (naw-kleer-as), n. [Latin fro Greek naus \"ship\" \n+ kieros \"allotment\"] Roman law. A shipmaster; a \nskipper. \nnaulage (naw-Iii), n. [Old French fro Law Latin naulagium \n\"passage money\"] The fare for passengers or goods trav\neling by ship. See NAULUM. \nnaulum (naw-bm), n. [Latin fro Greek] Roman law. Fare; \nfreights; a shipowner's fee for carrying people or goods \nfrom one place to another. \nnauta (naw-ta), n. [Latin fro Greek naus \"ship\"] Roman \nlaw. A sailor. \nnautae, caupones, stabularii (naw-tee, kaw-poh-neez, \nstab-ya-Iair-ee-r). [Latin] Roman law. Carriers by sea, \ninnkeepers, stablers . The phrase was used in an edict \nholding shippers, innkeepers, and stablers liable for \ndamages to goods entrusted to them for safekeeping \n(receptum). Members of this group were also vicari\nously liable for the torts of their employees and slaves. \n'The edict is in these terms: 'NAUTAE, CAUPONES, STABULARII, QUOD \nCUJUSQUE SALVUM FORE RECEPERINT, NiSI RESTITUENT! IN EO$ jlJDlelVM DABO.' \nThis rule, from its expediency, has been, with some varia\ntions, received into the law of Scotland. Persons of this \ndescription are liable for their servants, or even for the acts \n\nnautical 1128 \nof guests and passengers; and the extent of the damage \nmay be proved by the oath of the claimant.\" William Bell, \nBell's Dictionary and Digest of the Law of Scotland 737 \n(George Watson ed., 7th ed. 1890). \nnautical, adj. (16c) Of or relating to ships or shipping, \ncarriage by sea, or navigation. \nnautical assessor. A person skilled in maritime matters \nwho is summoned in an admiralty case to assist the \njudge on points requiring special expertise. \nnautical mile. (1834) A measure of distance for air and \nsea navigation, equal to one minute of arc of a great \ncircle of the earth. -Different measures have been \nused by different countries because the earth is not a \nperfect sphere. Since 1959, however, the United States \nhas used an international measure for a nautical mile, \nset by the Hydrographic Bureau, equal to 6,076.11549 \nfeet, or 1,852 meters. \nnauticum fenus (naw-ti-k~m fee-n~s), n. [Greek nautikon \n\"nautical\" + Latinfenus \"interest\"] Roman & civil law. \nA loan to finance the transport ofgoods by sea; specie, \na loan on bottomry made to a transporter ofmerchan\ndise by ship. _ The loan is subject to an extremely high \nrate of interest because it does not have to be repaid \nunless the ship safely reaches its destination. The \nnauticum fenus is both a loan and marine insurance. \nThe rate, originally unlimited because of the risks of sea \ntravel, was eventually fixed at 12%. The money loaned \nis pecunia trajecticia (money conveyed overseas). \nAlso spelled nauticum foenus. -Also termedfen us \nnauticum; nautica pecunia;foenus nauticum. \nNAV. abbr. NET ASSET VALUE. \nnavagium (na-vay-jee-~m), n. [Latin \"ship; voyage\"] Hist. \nA tenant's duty to transport the lord's goods by ship. \nnaval, adj. (15c) 1. Ofor relating to ships or shipping. 2. \nOfor relating to a navy. See NAVY. \nnaval law. A system of regulations governing naval \nforces. See CODE OF MILITARY rUSTICE. [Cases: Armed \nServices Military Justice C=>507.] \nnavarch (nay-vahrk), n. [fro Greek naus \"ship\" + archos \n\"chief\"] Hist. A master of an armed ship. Also \ntermed navarchus. Cf. NAVICULARIUS. \nnavicularius (n~-vik-y~-lair-ee-ds), n. [Latin \"ship\nowner\"] Hist. A person engaged in the shipping \nbusiness. \nnavigable (nav-i-gd-bdl), adj. (ISc) 1. Capable ofallowing \nvessels or vehicles to pass, and thereby usable for travel \nor commerce <the channel was barely navigable because \nit was so narrow>. [Cases: Navigable Waters \nnavigable in fact, adj. Naturally usable for travel or \ncommerce in the present condition. - A stream is \nnaVigable in fact if, in its natural and ordinary state, \nit can be used for travel or commerce. For admiralty \njurisdiction, the water must be capable ofbeing used \nas a route in interstate or international commerce in \ncustomary modes oftravel. [Cases: NaVigable Waters 2. Capable of being steered <navigable aircraft>. \nAlso termed boatable. See NAVIGABLE WATER. \nnavigable airspace. See AIRSPACE. \nnavigable sea. Int'llaw. The ocean waters divided into \nthree zones of control among nations: (1) the inland \nwaters, which are near a nation's shores and over which \na nation has complete sovereignty; (2) territorial waters, \nwhich are measured from the seaward edge of the \ninland waters, over which a nation has extensive control \nbut over which innocent parties must be allowed to \ntravel to other nations; and (3) the high seas, which are \ninternational waters not subject to the domain of any \nSingle nation. [Cases: International Law \nnavigable water. 1. At early common law, any body of \nwater affected by the ebb and flow ofthe tide. -This test \nwas first adopted in England because most of England's \nin-fact navigable waters are influenced by the tide, \nunlike the large inland rivers that are capable ofsup\nporting commerce in the United States. Also termed \nboatable water. [Cases: Navigable Waters \n\"In addition to its bearing on admiralty jurisdictional inqui\nries, the navigable waters issue comes up in cases involv\nIng the scope of Congress's regulatory authority under \nthe commerce clause; the validity and interpretation of \na variety of statutes and regulations administered by the \nCoast Guard; the powers of the Corps of Engineers over \nwaterways, dams, marinas, etc., under the Rivers & Harbors \nAct and other statutes; the Federal Power Commission's \nauthority to inspect and license electricity-generating \ndams; the existence and exercise of a servitude of naviga\ntion, which affects both public access to waterways on \nprivate land and governmental regulatory authority over \nsuch waters; and disputes over the ownership of stream \nbeds. The for"}
{"text": "on \nprivate land and governmental regulatory authority over \nsuch waters; and disputes over the ownership of stream \nbeds. The foregoing is not an exhaustive listing. Well over a \nthousand federal statutes use the term 'navigable waters.'\" \nDavid W. Robertson, Steven F. Friedell & Michael F. Sturley, \nAdmiralty and Maritime Law in the United States 53 n.l \n(2001). \n2. (usu. pl.) A body ofwater that is used, or typically \ncan be used, as a highway for commerce with ordinary \nmodes of trade and travel on water. -Under the \nCommerce Clause, Congress has broad jurisdiction \nover all navigable waters of the United States. [Cases: \nNavigable Waters \nnavigable water ofthe United States. Navigable water \nthat alone -or in combination with other waters \nforms a continuous highway for commerce with other \nstates or foreign countries. \nnavigate, lIb. (16c) 1. To travel or sail in a vessel on water \n<to navigate from New York to Bermuda>. [Cases: \nCollisionC::='3, 90, 103.] 2. To steer <to navigate the \nplane>. 3. To make way through, on, or about some\nthing <the plaintiff was unable to navigate the stairs \nin the dark>. \nnavigation. (16c) 1. The act of sailing vessels on water. \n2. The process and business ofdirecting the course of \na vessel from one place to another. See RULES OF NAVI\nGATION. \nnavigation easement. See EASEMENT. \nnavigatiou servitude. See SERVITUDE (2). \nnavis (nay-vis), 11. [Latin] A ship; a vessel. \n\n1129 \nnavy. (I4c) 1. A fleet ofships. 2. The military sea force of \na country, including its collective ships and its corps \nof officers and enlisted personnel; esp. (usu. cap.), the \ndivision ofthe U.S. armed services responsible primar\nily for seagoing forces . The U.S. Constitution gives \nCongress the power to establish a navy and make laws \ngoverning the naval forces. U.S. Canst. art. I,  8, cl. \n13-14. [Cases: Armed Services (;:='4.J \nNavy Department. A division of the Department of \nDefense that oversees the operation and efficiency ofthe \nNavy, including the Marine Corps component (and the \nU.S. Coast Guard when operating as a naval service). \n Established in 1798, the Department is headed by \nthe Secretary of the Navy, who is appointed by the \nPresident and reports to the Secretary of Defense. \nAlso termed Department of the Navy. [Cases: Armed \nServices \nnavy yard. (l8c) The land on which ships are built for the \nU.S. Navy and the contiguous waters that are necessary \nto float the ships. \nNAWL. abbr. NATIONAL ASSOCIATION OF WOMEN \nLAWYERS. \nnay, n. Parliamentary law. A negative vote. \nnazeranna (naz-;:;-ran-d). Hist. The amount that a person \npaid to the government as an acknowledgment for \npublic office or a grant ofpublic lands. \nN.B. \tabbr. [Latin nota bene] (17c) Note well; take \nnotice -used in documents to call attention to some\nthing important. \nNBA. abbr. NATIONAL BAR ASSOCIATION. \nNBF!. abbr. Nonbank financial institution. See MONEY \nSERVICE BUSINESS. \nNCA. abbr. NATIONAL CEMETERY ADMINISTRATION. \nNCBL. abbr. NATIONAL CONFERENCE OF BLACK LAW\nYERS. \nNCCUSL (n<l-k[y]oo-S<ll). abbr. NATIONAL CONFERENCE I \nOF COMMISSIONERS ON UNIFORM STATE LAWS. \nn.c.d. abbr. NEMINE CONTRADICENTE. \nNCPC. abbr. NATIONAL CAPITAL PLANNING COM MIS- I \nSlON \nNCR. abbr. NATIONAL CAPITAL REGION. \nNCUA. abbr. NATIONAL CREDIT UNION ADMINISTRA- I \nTION. \nN.D. abbr. 1. Northern District, in reference to a U.S. \njudicial district. 2. NEMINE DISSENTIENTER. \nNDMS. abbr. NATIONAL DISASTER MEDICAL SYSTEM. \nNDP. abbr. Nondepository provider offinancial services. \nSee MONEY SERVICE BUSINESS. \nN.E. abbr. NORTH EASTERN REPORTER. \nN/E. See NOTICE OF ALLOWABILITY!EXAMINER's AMEND\nMENT. \nNEA. abbr. NATIONAl. ENDOWMENT FOR THE ARTS. \nne admittas (nee ad-mit-<ls), n. [Latin \"that you admit \nnot\"J Eccles. law. A writ prohibiting a bishop, usu. necessaries \nin a quare impedit action, from admitting the other \nparty's clerk to be a parson ofa church . After a party \ninstitutes a quare impedit action to enforce a right to \npropose a clerk to the position of parson of a vacant \nchurch (right of advowson), that party can resort to \nthe ne admittas writ ifit is believed that the bishop will \nadmit another person's proposed clerk before the quare \nimpedit action concludes. See QUARE IMPEDlT. \nneap tide. See TIDE. \nnear, adv. & adj. (l3c) 1. Close to; not far away, as a \nmeasure of distance <the neighbors' houses are near \none another>. 2. Almost; close in degree <a near miss> . \n3. Closely tied by blood <my brother is a near relative>. \n4. Familiar; intimate <a near friend>. \nnearly closed-ended claim. See PATENT CLAIM. \nnear money. See current asset under ASSET. \nneat, adj. (bef. 12c) 1. Clean; pure. 2. Free from extrane\nousmatter. \nneat weight. See net weight under WEIGH T. \nne baila pas (nd bay-I;:; pah), n. [Law French \"he or she \ndid not deliver\") In an action for detinue, a defendant's \nplea denying the receipt ofthe property in question. \nnecation (ni-kay-sh;:;n), n. [ff. Latin necare \"to kill\"] Hist. \nThe act ofkilling. \nnecessaries. (l4c) 1. Things that are indispensable to \nliving <an infant's necessaries include food, shelter, \nand clothing> . Necessaries include whatever food, \nmedicine, clothing, shelter, and personal services are \nusu. considered reasonably essential for the preserva\ntion and enjoyment oflife, to the extent that a person \nhaving a duty ofprotection must furnish them. -Also \ntermed necessities; necessities oflife. [Cases: Husband \nand Wife C:=o 19.] 2. Things that are essential to main\ntaining the lifestyle to which one is accustomed <a mul\ntimillionaire's necessaries may include a chauffeured \nlimousine and a private chef>. -The term includes \nwhatever is reasonably needed for subsistence, health, \ncomfort, and education, considering the person's age, \nstation in life, and medical condition, but it excludes \n(1) anything purely ornamental, (2) anything solely for \npleasure, (3) what the person is already supplied with, \n(4) anything that concerns someone's estate or business \nas opposed to personal needs, and (5) borrowed money. \nUnder the common law, a husband was required to pay \ndebts incurred by his wife or children for necessaries. \nBeginning in the late 19608, most states began to change \ntheir statutes regarding the obligation to proVide neces\nsaries to include both husband and wife. See DOCTRINE \nOF NECESSARIES; FAMILY-EXPENSE STATUTE. [Cases; \nHusband and Wife C=' 19.J \n\"Things may be of a useful character, but the quality or \nquantity supplied may take them out of the character of \nnecessaries. Elementary textbooks might be a necessary \nto a student of law, but not a rare edition of 'Littleton's \nTenures,' or eight or ten copies of 'Stephen's Commentar\nies.' Necessaries also vary according to the station in life \nof the infant or his peculiar circumstances at the time. \nThe quality of clothing suitable to an Eton boy would be \nunnecessary for a telegraph clerk; the medical attendance \n\n1130 necessarily included offense \nand diet required by an invalid would be unnecessary to \none in ordinary health. It does not follow therefore that \nbecause a thing is of a useful class, a judge is bound to \nallow ajury to say whether or no it is a necessary.\" William \nR. Anson, Principles of the Law of Contract 172 (Arthur L \nCorbin ed., 3d Am. ed. 1919). \n3. Maritime law. Supplies and services needed for \nthe maintenance and operation of a vessel, including \nrepairs, tow fees, and the costs ofloading and unload\ning. Authorized provision of necessaries automati\ncally confers a maritime lien to the provider under the \nFederal Maritime Lien Act, 42 USCA  971-93. [Cases: \nMaritime Liens \n\"The case law is clear that 'necessaries' does not mean \nabsolutely indispensable; rather, the term refers to what \nis reasonably needed in the ship's business: Thomas J. \nSchoenbaum, Admiralty and Maritime Law 256 (1987). \nnecessarily included offense. See lesser included offense \nunder OFFENSE (1). \nnecessarius (ne-sJ-sair-ee-Js), adj. [Latin] 1. Necessary; \nessential. 2. Unavoidable; obligatory; compelling. \nnecessary and proper, adj. (16c) Being appropriate and \nwell adapted to fulfilling an objective. \nNecessary and Proper Clause. (1926) The clause of the \nU.S. Constitution permitting Congress to make laws \n\"necessary and proper\" for the execution of its enu\nmerated powers. U.S. Const. art. I,  8, cl. 18. The \nSupreme Court has broadly interpreted this clause to \ngrant Congress the implied power to enact any law rea\nsonably designed to achieve an express constitutional \npower. McCulloch v. Maryland, 17 U.S. (4 Wheat.) \n316 (1819). Also termed Basket Clause; CoeffiCient \nClause; Elastic Clause; Sweeping Clause. [Cases: United \nStates \nnecessary damages. See general damages under \nDAMAGES. \nnecessary deposit. See DEPOSIT (5). \nnecessary diligence. See DILIGENCE. \nnecessary domicile. See DOMICILE. \nnecessary implication. See IMPLICATION. \nnecessary improvement. See IMPROVEMENT. \nnecessary inference. (I7c) A conclusion that is unavoid\nable ifthe premise on which it is based is taken to be \ntrue. \nnecessary intromission. See INTROMISSION. \nnecessary party. See PARTY (2). \nnecessary repair. (16c) An improvement to property \nthat is both needed to prevent deterioration and proper \nunder the circumstances. \nnecessary way. See easement by necessity under \nEASEMENT. \nnecessitas (nJ-ses-i-tas), n. [Latin] Roman law. 1. Neces\nsity. 2. A force or influence that compels an unwilling \nperson to act.  The term refers to a lack of free will \nto do a legal act, as opposed to libera valuntas (\"free \nwill\"). necessitas culpabi/is (nJ-ses-i-tas kJI-pay-bJ-lis). [Latin \n\"culpable necessity\"] Hist. An unfortunate necessity \nthat, while essentially excusing the act done under its \ncompulsion, does not necessarily relieve the actor from \nblame. \n\"And as to the necessity which excuses a man who kills \nanother se defendendo lord Bacon entitles it necessitas cul\npabilis . ... For the law intends that the quarrel or assault \narose from some unknown wrong ... and since in quarrels \nboth parties may be, and usually are, in some fault; and \nit scarce can be tried who was originally in the wrong; the \nlaw will not hold the survivor entirely gUiltless. But it is \nclear, in the other case, that where I kill a thief that breaks \ninto my house, the original default can never be upon my \nside.\" 4 William Blackstone, Commentaries on the Laws of \nEngland 186-87 (1769). \nnecessitate juris (n,,-ses-i-tay-tee joor-is). [Latin] Hist. \nBy necessity oflaw. That phrase appeared in refer\nence to acts necessarily arising from the effect ofa legal \nrule. \nnecessities. (14c) 1. Indispensable things ofany kind. 2. \nNECESSARIES (1). \nnecessities oflife. See NECESSARIES (1). \nnecessitous, adj. (17c) Living in a state ofextreme want; \nhard up. \nnecessitous circumstances. (17c) The situation of one \nwho is very poor; extreme want. \nnecessitudo (m-ses-i\"t[y]oo-doh), n. [Latin \"need\"] Hist. \n1. An obligation. 2. A close connection or relationship \nbetween persons, such as a family relationship. \nnecessity. 1. Criminal law. A justification defense for a \nperson who acts in an emergency that he or she did \nnot create and who commits a harm that is less severe \nthan the harm that would have occurred but for the \nperson's actions . For example, a mountain climber \nlost in a blizzard can assert necessity as a defense to \ntheft offood and blankets from another's cabin. -Also \ntermed choice ofevils; duress ofcircumstances; lesser\nevils defense. See lesser-evils defense under DEFENSE \n(1). [Cases: Criminal Law (;:::c38.] 2. Torts. A privilege \nthat may relieve a person from liability for trespass \nor conversion if that person, having no alternative, \nharms another's property in an effort to protect life \nor health. \n\"In some cases even damage intentionally done may not \ninvolve the defendant in liability when he is acting under \nnecessity to prevent a greater evil. The preCise limits of the \ndefence are not clear, for it has affinities with certain other \ndefences, such as act of God, self-help, duress, or inevi\ntable accident. It is distinguishable from self-defence on \nthe ground that this presupposes that the plaintiff"}
{"text": "or inevi\ntable accident. It is distinguishable from self-defence on \nthe ground that this presupposes that the plaintiff is prima \nfacie a wrongdoer: the defence of necessity contemplates \nthe infliction of harm on an innocent plaintiff. The defence, \nif it exists, enables a defendant to escape liability for the \nintentional interference with the security of another's \nperson or property on the ground that the acts complained \nof were necessary to prevent greater damage to the com\nmonwealth or to another or to the defendant himself, or to \ntheir or his property. The use of the term necessity serves \nto conceal the fact that the defendant always has a chOice \nbetween two evils. This is what distinguishes the defence \nof necessity from that of impossibility.\" R.FV Heuston, \nSalmond on the Law of Torts 493 (17th ed. 1977). \n\n1131 \nmanifest necessity. (17c) A sudden and overwhelming \nemergency, beyond the court's and parties' control, \nthat makes conducting a trial or reaching a fair result \nimpossible and that therefore authorizes the granting \nof a mistrial.  1he standard of manifest necessity \nmust be met to preclude a defendant from success\nfully raising a plea offormer jeopardy after a mistrial. \n[Cases: Double Jeopardy (;:::)99.] \nmilitary necessity. See MILITARY NECESSITY. \nmoral necessity. (I7c) A necessity arising from a duty \nincumbent on a person to act in a particular way. \nphysical necessity. (17c) A necessity involving an actual, \ntangible force that compels a person to act in a par\nticular way. \nprivate necessity. (l6c) Torts. A necessity that involves \nonly the defendant's personal interest and thus \nprovides only a limited privilege . For example, if \nthe defendant harms the plaintiff's dock by keeping \na boat moored to the dock during a hurricane, the \ndefendant can assert private necessity but must com\npensate the plaintiff for the dock's damage. [Cases: \nNegligence C-510(3).] \npublic necessity. (16c) Torts. A necessity that involves \nthe public interest and thus completely excuses the \ndefendant's liability . For example, if the defendant \ndestroys the plaintiff's house to stop the spread of a \nfire that threatens the town, the defendant can assert \npublic necessity. \n3. RULE OF NECESSITY. \nnecessity defense. See TUSTIFICA TION (2). \nneck verse. Hist. A verse, usu. consisting ofthe opening \nverse ofPsalm 51 (Miserere mei, Deus \"Have mercy on \nme, 0 God \"), which was used as a literacy test for an \naccused who claimed benefit of clergy. An accused \nwho read the passage satisfactorily would not receive \nthe maximum sentence (the person's neck would be \nsaved). Although judges could assign any passage, they \nusu. chose Psalm 51, so that for many years criminals \nmemorized this verse and pretended to read it. Still, the \nrecords show that many accused persons failed the test. \nThe reading ofthe neck verse was abolished in 1707. See \nBENEFIT OF CLERGY. \n\"During the fourteenth and fifteenth centuries the judges' \nattitudes to benefit of clergy changed completely, and \nthey came to see it as a regular means of escape from \nthe mandatory death penalty. Physical appearance was \ndisregarded, and reading became the sole test of clerical \nstatus. When a man was convicted of a felony, he would \nfall on his knees and 'pray the book'; he would then be \ntendered a passage from the psalter, known as the neck\nverse, and if he could read or recite it satisfactorily his \nclergy was taken to be proved .... Strictly speaking, the \ndeciSion whether the convict read 'as a clerk' was for the \nordinary; but he was subject to the control of the judges, \nand could be fined for refusing to accept someone. By the \nend of the sixteenth century as many as half of all men \nconvicted of felony were recorded as having successfully \nclaimed benefit of clergy.\" J.H. Baker, An Introduction to \nEnglish Legal History 587 (3d ed. 1990). neexeat \nnec manifestum (nek man-i-fes-t<lm). [Latin] Civil law. \nNot manifest.  The phrase usu. referred to a theft in \nwhich the thief was not caught in the act. \nne conjuges mutuo amore se invicem spolient (nee k<ln\njoo-jeez myoo-choo-oh <l-mor-ee see in-VI-S<lm spoh\nlee-<lnt). [Latin] Roman & civil law. Lest spouses through \ntheir mutual love should impoverish one another.  \nThe phrase appeared in reference to the rationale for \nholding that donations between husband and wife were \ninvalid. A similar phrase, ne mutuato amore invicem \nspoliarentur (\"lest they should be impoverished by each \nother through their mutual affection\"), was also used. \nnecropsy (nek-rop-see), See AUTOPSY (1). \nne disturba pas (n<l di-st<lr-b<l pah), n. [Law French\" did \nnot disturb\"] Eccles. law. A defendant's general denial \n(plea ofthe general issue) in a quare impedit action. See \nQUARE IMPEDIT. \nne dominia rerum sint incerta, neve lites sint perpetuae \n(nee d<l-min-ee-d reer-<lm sint in-s<lr-t<l, nee-vee h-teez \nsint p<lr-pech-oo-ee), [Latin] Hist. Lest the ownership \nof things should remain uncertain or lawsuits never \ncome to an end. The phrase appeared in reference to \nthe principle on which all actions prescribed after (usu.) \n30 years. See PRESCRIPTION. \nne dona pas (n<l doh-n<l pah), n. [Law French \"did not \ngive\"] Hist. A defendant's general denial (plea of the \ngeneral issue) in a formedon action, alleging that the \nplaintiff was given the right to land under a gift of \ntail. Also termed non dedit. See FORMEDON. \nnee (nay), adj. [French] (17e) (Of a woman) born. \nThis term is sometimes used after a married woman's \nname to indicate her maiden name <Mrs. Robert Jones, \nnee Thatcher>. The masculine form (not common in \nEnglish) is nt? Also spelled nee. \nneed, n. (bef. 12c) 1. \"The lack ofsomething important; a \nrequirement. 2. Indigence. -need, vb. \nneedy, adj. (12c) 1. Needful; necessary, 2. Indigent; very \npoor. Needy implies a more permanent and less urgent \ncondition than necessitous. See NECESSITOUS. \nne exeat (nee ek-see-dt [or ek-see-atJ). [Latin \"that he not \ndepart\"]. 1. A writ restraining a person from leaving \nthe republk; speci., an equitable writ ordering the \nperson to whom it is addressed not to leave the juris\ndiction of the court or the state. Ne exeat writs are \nusu. issued to ensure the satisfaction ofa claim against \nthe defendant. The full phrase is ne exeat republica (nee \nek-see-<lt [or ek-see-at] ri-p<lb-li-k<lh) [Latin \"let him \nnot go out ofthe republic\"]. 2. Family law. An equitable \nwrit restraining a person from leaving, or removing a \nchild or property from, the jurisdiction . A ne exeat is \noften issued to prohibit a person from removing a child \nor property from the jurisdiction and sometimes \nfrom leaving the jurisdiction. -Also termed writ of \nne exeat; ne exeat republica; ne exeat regno. [Cases: Ne \nExeat (;:::> 1.] \n\"The district courts of the United States ... shall have \nsuch jurisdiction to make and issue in civil actions, writs \nand orders of injunction, and of ne exeat republica, \n\n1132 ne exeat regno \norders appointing receivers, and such other orders and \nprocesses ... as may be necessary or appropriate for the \nenforcement of the internal revenue laws.\" IRC (26 USCA) \n 7402(a). \n\"Such a writ [ne exeat] might be issued upon the commence \nment of the suit for equitable relief, during the pendency of \nthe suit, or upon issuance of the final decree to secure its \nenforcement. But such writ related primarily to the person \nof the defendant and issued only upon satisfactory proof \nthat he planned or intended to remove himself beyond the \ncourt's jurisdiction so that he might escape obedience to \nsuch command as might be or had been laid upon him. \nThe writ has been frequently termed an equitable bail. It \ninvolves taking and keeping the defendant in custody until \nhe gives bailor bond in a designated amount, conditioned \nupon his keeping himself amenable to the effective pro \ncesses of the court.\" William Q. de Funiak, Handbook of \nModern Equity 21 (2d ed. 1956). \nne exeat regno. See NE EXEAT. \nne exeat republica. See NE EXEAT. \nnefas (nee-fas), n. [Latin ne \"not\" +fas \"right\"] 1. Roman \nlaw. Something that the gods forbid. 2. Roman law. \nSomething against the law or custom. 3. Hist. Some\nthing that is wicked. Cf. FAS. \nnefastus (ni-fas-t;}s), n. [Latin ne \"not\" +fastus \"lawful for \npublic business\"] Roman law. A day when it is unlawful \nto open the courts, administer justice, or hold public \nassemblies. The priests in charge of supervising the \nlaws and religious observances established an official \ncalendar, on which certain days, marked \"nefasti,\" were \nto be devoted to religious or public ceremonies. -Also \ntermed dies nefasti. Cf. dies fasti under DIES. \nnegate, vb. (I7c) 1. To deny. 2. To nullify; to render inef\nfective. \nnegative, adj. (I5c) 1. Of or relating to something bad; \nnot positive <a negative attitude>. 2. Of or relating \nto refusal of consent; not affirmative <a negative \nanswer>. \nnegative, n. (I6c) 1. A word or phrase ofdenial or refusal \n<\"no\" and \"not\" are negatives>. 2. A word expressing \nthe opposite of the positive <two negatives and one \npositive>. 3. The original plate or film of a photo\ngraph, on which light and shadows are the opposite of \nthe positive images later created and printed <not only \nthe pictures, but also the negatives, were required to be \nreturned>. 4. Archaic. The power of veto <the king's \nnegative has eroded>. \nnegative, vb. (ISc) To negate; to deny, nullify, or render \nineffective <the jury negatived fraud>. \nnegative act. See ACT. \nnegative amortization. See AMORTIZATION. \nnegative averment. See AVERMENT. \nnegative cash flow. See CASH FLOW. \nnegative causation. See CAUSATION. \nNegative Commerce Clause. See Dormant Commerce \nClause under COMMERCE CLAUSE. \nnegative condition. See CONDITION (2). \nnegative contingent fee. See reverse contingent fee under \nCONTINGENT FEE. negative covenant. See COVENANT (1). \nnegative defense. See DEFENSE (1). \nnegative disinheritance. See DISINHERITANCE. \nnegative duty. See DUTY (1). \nnegative easement. See EASEMENT. \nnegative equity. See EQUITY (7). \nnegative evidence. See EVIDENCE. \nnegative externality. See EXTERNALITY. \nnegative limitation. Patents. In a patent application, a \nclaim that describes what the element is not or does \nnot do, rather than what it is or does . Although older \ncaselaw held that a negative limitation rendered a claim \nindefinite, more recent decisions allow those that define \na clear alternative as long as the claim is not overbroad. \n[Cases: Patents (:::::0 101(3).] \nnegative misprision. See MISPRISION. \nnegative plea. See PLEA (3). \nnegative-pledge clause. (1935) 1. A provision requiring a \nborrower, who borrows funds without giving security, \nto refrain from giving future lenders any security \nwithout the consent of the first lender. 2. A provision, \nusu. in a bond indenture, stating that the issuing entity \nwill not pledge its assets ifit will result in less security \nto the bondholders under the indenture agreement. \nnegative pregnant. (I7c) A denial implying its affir\nmative opposite by seeming to deny only a qualifica\ntion of the allegation and not the allegation itself . \nAn example is the statement, \"I didn't steal the money \nlast Tuesday,\" the implication being that the theft \nmight have happened on another day. -Also termed \nnegative pregnant with an affirmative. Cf. AFFIRMATIVE \nPREGNANT. [Cases: Pleading (:::::0 126.] \nnegative prescription. See PRESCRIPTION (4). \nnegative proof. See PROOF. \nnegative reprisal. See REPRISAL. \nnegative right. See RIGHT. \nnegative servitude. See SERVITUDE (2). \nnegative statute. See STATUTE. \nnegative testimony. See negative evidence under \nEVIDENCE. \nnegative veto. See qualified veto under VETO. \nneglect, n. (16c) 1. The omission of proper attention \nto a person or thing, whether inadvertent, negligent, \nor willful; the act or condition of disregarding. 2. \nThe failure to give proper attention, supervision, or \nnecessities, esp. to a child, to such an extent that harm \nresults or is likely to result. Cf. ABUSE. -neglect, vb. \nneglectful, adj. \n\"'Neglect' is not the same thing as 'negligence'. In the \npresent connection the word 'neglect' indicates, as a purely \nobjective fact, that a person has not done that which it \nwas his duty to do; it does not indicate the reason for this \nfailure. 'Negligence,' on the other hand, is a subjective \nstate of mind, and it indicates a particular reason why the \nman has failed to do his duty, namely because he has not \n\n1133 \nkept the performance of the duty in his mind as he ought \nto have done. A man can 'neglect' his duty either intention\nally or negligently.\" J.W. Cecil Turner, Kenny's Outlines"}
{"text": "A man can 'neglect' his duty either intention\nally or negligently.\" J.W. Cecil Turner, Kenny's Outlines of \nCriminal Law 108 n.1 (l6th ed. 1952). \nchild neglect. (1930) The failure of a person respon\nsible for a minor to care for the minor's emotional \nor physical needs . Child neglect is a form of child \nabuse. Local child-welfare departments investigate \nreports of child neglect. In a severe case, criminal \ncharges may be filed against a person suspected of \nchild neglect. [Cases: Infants C=> 156.] \nculpable neglect. (I8c) Censurable or blameworthy \nneglect; neglect that is less than gross carelessness \nbut more than the failure to use ordinary care. \ndevelopmental neglect. Failure to provide necessary \nemotional nurturing and physical or cognitive stimu\n1ation' as a result of which a child could suffer from \nserious developmental delays. [Cases: Infants C=> \n156.] \neducational neglect. Failure to ensure that a child \nattends school in accordance with state law. [Cases: \nInfants G 159.] \nexcusable neglect. (1855) A failure which the law will \nexcuse -to take some proper step at the proper time \n(esp. in neglecting to answer a lawsuit) not because \nofthe party's own carelessness, inattention, or willful \ndisregard ofthe court's process, but because of some \nunexpected or unavoidable hindrance or accident or \nbecause of reliance on the care and vigilance of the \nparty's counselor on a promise made by the adverse \nparty. [Cases: Federal Civil Procedure G'2448, 2656; \nJudgment 362.] \ninexcusable neglect. (18c) Unjustifiable neglect; neglect \nthat implies more than unintentional inadvertence. \n A finding of inexcusable neglect in, for example, \nfailing to file an answer to a complaint will prevent \nthe setting aside of a default judgment. [Cases: Federal \nCivil Procedure C=>2448, 2656; Judgment C=: 143, \n362.] \nmedical neglect. Failure to provide medical, dental, \nor psychiatric care that is necessary to prevent or to \ntreat serious physical or emotional injury or illness. _ \nIn determining whether a parent's refusal to consent \nto medical treatment is neglectful, courts use any \nof three approaches: (1) an ad hoc test, (2) a best\ninterests-of-the-child test, or (3) a balancing test that \nweighs the interests ofthe parents, the child, and the \nstate. Cf. FAITH-HEALING EXEMPTION. [Cases: Infants \nC:::>159.] \nphysical neglect. Failure to proVide necessaries, the lack \nofwhich has caused or could cause serious injury or \nillness. [Cases: Infants C=> 156.] \nwillful neglect. (18c) Intentional or reckless failure to \ncarry out a legal duty, esp. in caring for a child. [Cases: \nInfants G 156.] \nneglected child. See CHILD. \nneglect hearing. See HEARING. negligence \nneglegentia (neg-li-jen-shee-d), n. [Latin] Roman law. \nCarelessness; inattentive omission . Neglegentia can \nbe ofvarying degrees, which mayor may not result \nin actionable liability. -Also spelled negligentia. See \nCULPA. Cf. DILIGENTIA. \n\"In the sources negligentia is tantamount to culpa, and \nsimilarly graduated (magna, lata negligentia). Precision in \nterminology is no more to be found here than in the field \nof culpa. One text declares ... 'gross negligence (magna \nnegligentia) is culpa, magna culpa is dolus'; another says: \n'gross negligence (disso/uta negligentia) is near to dolus \n(prope dolum).' In the saying 'lata culpa is exorbitant \n(extreme) negligence, Le., not to understand (intelligere) \nwhat all understand' ... negligentia is identified with igno\nrance.\" Adolf Berger, Encyclopedic Dictionary ofRoman Law \n593 (1953). \nlata neglegentia (lay-t;) neg-li-jen-shee-;}). Extreme \nnegligence resulting from an unawareness of some\nthing that the actor should have known. \nmagna neglegentia (mag-nd neg-li-jen-shee-a). See \ngross negligence under NEGLIGENCE. \nnegligence, n. (14c) 1. The failure to exercise the standard \nofcare that a reasonably prudent person would have \nexercised in a similar situation; any conduct that falls \nbelow the legal standard established to protect others \nagainst unreasonable risk of harm, except for conduct \nthat is intentionally, wantonly, or willfully disregard\nful of others' rights . The term denotes culpable care\nlessness. The Roman-law equivalents are culpa and \nneglegentia, as contrasted with dolus (wrongful inten\ntion). -Also termed actionable negligence; ordinary \nnegligence; Simple negligence. [Cases: Negligence (:::::> \n201, 233, 250.] 2. A tort grounded in this failure, usu. \nexpressed in terms of the follOWing elements: duty, \nbreach of duty, causation, and damages. [Cases: Neg\nligence (~202.J \n\"Negligence in law ranges from inadvertence that is hardly \nmore than accidental to Sinful disregard of the safety of \nothers.\" Patrick Devlin, The Enforcement of Morals 36 \n(1968). \n\"During the first half of the nineteenth century, negligence \nbegan to gain recognition as a separate and independent \nbasis of tort liability. Its rise coincided in a marked degree \nwith the Industrial Revolution; and it very probably was \nstimulated by the rapid increase in the number of aCCidents \ncaused by industrial machinery, and in particular by the \ninvention of railways. It was greatly encouraged by the \ndisintegration of the old forms of action, and the disap \npearance of the distinction between direct and indirect \ninjuries, found in trespass and case ... Intentional \ninjuries, whether direct or indirect, began to be grouped \nas a distinct field of liability. and negligence remained \nas the main basiS for unintended torts. Negligence thus \ndeveloped into the dominant cause of action for accidental \ninjury in this nation today.\" W. Page Keeton et aI., The Law \nofTorts  28, at 161 (W. Page Keeton ed., 5th ed. 1984). \n\"Negligence is a matter of risk -that is to say. of recogniz \nable danger of injury. .. In most Instances, it is caused \nby heedlessness or inadvertence, by which the negligent \nparty is unaware of the results which may follow from his \nact. But it may also arise where the negligent party has \nconSidered the possible consequences carefully, and has \nexercised his own best judgment. The almost universal use \nof the phrase 'due care' to describe conduct which is not \nnegligent should not obscure the fact that the essence of \nnegligence is not necessarily the absence of soliCitude for \n\n1134 negligence \nthose who may be adversely affected by one's actions but \nis instead behavior which should be recognized as involv \ning unreasonable danger to others.\" Id., at 169. \nactive negligence. (1875) Negligence resulting from an \naffirmative or positive act, such as driving through a \nbarrier. Cf. passive negligence. \nadvertent negligence. (1909) Negligence in which the \nactor is aware ofthe unreasonable risk that he or she \nis creating; RECKLESSNESS. Also termed willful neg\nligence; supine negligence. \ncasual negligence. A plaintiff's failure to (1) pay rea\nsonable attention to his or her surroundings, so as to \ndiscover the danger created by the defendant's neg\nligence, (2) exercise reasonable competence, care, \ndiligence, and skill to avoid the danger once it is per\nceived, or (3) prepare as a reasonable person would to \navoid future dangers. \ncollateral negligence. An independent contractor's \nnegligence, for which the employer is not \nliable. See COLLATERAL-NEGLIGENCE DOCTRINE. \ncomparative negligence. (1862) A plaintiff's own negli\ngence that proportionally reduces the damages recov\nerable from a defendant. -Also termed comparative \nfault. See COMPARATIVE-NEGLIGENCE DOCTRINE. \n[Cases: Negligence D549.] \nconcurrent negligence. (1831) The negligence of two \nor more parties acting independently but causing the \nsame damage. Cf. joint negligence. \ncontributory negligence. (1822) 1. A plaintiff's own \nnegligence that played a part in causing the plain\ntiff's injury and that is significant enough (in a few \njurisdictions) to bar the plaintiff from recovering \ndamages. In most jurisdictions, this defense has \nbeen superseded by comparative negligence. See CON\nTRIBUTORY-NEGLIGENCE DOCTRINE; DISTRACTION \nDOCTRINE. [Cases: Negligence 2. Rare. The \nnegligence ofa third party neither plaintiff nor \nthe defendant whose act or omission played a part \nin causing the plaintiff's injury. [Cases: Negligence \nD540.j \n\"The contributory negligence of a third party is no excuse \nfor the negligence of the defendant.\" Thomas E. Holland, \nThe Elements ofJurisprudence 154 (13th ed. 1924). \ncriminal negligence. (1838) Gross negligence so \nextreme that it is punishable as a crime. For \nexample, involuntary manslaughter or other negli\ngent homicide can be based on criminal negligence, \nas when an extremely careless automobile driver kills \nsomeone. -Also termed culpable negligence; gross \nnegligence. [Cases: Criminal Law D23; Negligence \nD 1800~1802.] \n\"Though the legislatures and the courts have often made \nit clear that criminal liability generally requires more fault \nthan the ordinary negligence which will do for tort liability, \nthey have not so often made it plain just what is required \nin addition to tort negligence greater risk, subjective \nawareness of the risk, or both. Statutes are sometimes \nworded in terms of 'gross negligence' or 'culpable negli \ngence' or 'criminal negligence,' without any further defini \ntion of these terms .... The courts thus have had to do their best with little guidance from the legislature, with varying \nresults.\" Wayne R. LaFave & Austin W. Scott Jr., Criminal Law \n 3.7, at 235-37 (2d ed. 1986). \nculpable negligence. (l7c) 1. Negligent conduct that, \nwhile not intentional, involves a disregard of the con\nsequences likely to result from one's actions. 2. See \ncriminal negligence. \n\"'Culpable negligence,' while variously defined, has been \nheld incapable of exact definition; it means something \nmore than negligence .... In connection with negligence, \nthe word 'culpable' is sometimes used in the sense of \n'blamable,' and it has been regarded as expressing the \nthought of a breach of a duty or the commission of a fault; \nbut culpable negligence has been held to amount to more \nthan 'blameworthy' conduct .... It does not involve the \nelement of intent .... On the other hand, it has been said \nto be intentional conduct which the actor may not intend to \nbe harmful but which an ordinary and reasonably prudent \nman would recognize as involving a strong probability of \ninjury to others.\" 65 c.J.5. Negligence  1(13) (1966). \ngross negligence. (16c) 1. A lack of slight diligence or \ncare. [Cases: Negligence ~~273.]2. A conscious, vol\nuntary act or omission in reckless disregard of a legal \nduty and of the consequences to another party, who \nmay typically recover exemplary damages. Also \ntermed reckless negligence; wanton negligence; willful \nnegligence; willful and wanton negligence; hazardous \nnegligence; magna neglegentia. [Cases: Damages \n91.5(1); Negligence ~273.] 3. See criminal negli\ngence. \n\"Negligence is gross if the precautions to be taken against \nharm are very simple, such as persons who are but poorly \nendowed with physical and mental capacities can easily \ntake.\" H.L.A. Hart, \"Negligence, Mens Rea and Criminal \nResponsibility,\" in Punishment and Responsibility 136, 149 \n(1968). \n\"Cross Negligence. As it originally appeared, this was very \ngreat negligence, or the want of even slight or scant care. \nIt has been described as a failure to exercise even that \ncare which a careless person would use. Several courts, \nhowever, dissatisfied with a term so nebulous ... have \nconstrued gross negligence as requiring willful, wanton, \nor reckless misconduct, or such utter lack of all care as will \nbe evidence thereof .... But it is still true that most courts \nconsider that 'gross negligence' falls short of a reckless \ndisregard of the consequences, and differs from ordinary \nnegligence only in degree, and not in kind.\" Prosser and \nKeeton on the Law ofTorts  34, at 211-12 (W. Page Keeton \ned., 5th ed. 1984). \nhazardous negligence. 1. Careless or reckless conduct \nthat exposes someone to extreme danger ofinjury or \nto imminent periL 2. See gross negligence (2). \nimputed negligence. (18c) Negligence of one person \ncharged to another; negligence resulting from a \nparty's special relationship with another party who \nis originally negligent -so that, for example, a parent \nmight be held responsible for some acts of a child. \n[Cases: Negligence (~483, 575; Parent and Child (';:;) \nl3.5(2), 13.5(4).] \ninadvertent negligence. (I8c) Negligence in which the \nactor is not aware ofthe unreasonable risk that he or"}
{"text": "vertent negligence. (I8c) Negligence in which the \nactor is not aware ofthe unreasonable risk that he or \nshe is creating, but should have foreseen and avoided \nit. -Also termed simple negligence. \n\n1135 \njoint negligence. (lSc) The negligence of two or more \npersons acting together to cause an accident. Cf. con\ncurrent negligence. \nlegal negligence. See negligence per se. \nnegligence in law. Failure to observe a duty imposed by \nlaw. See negligence per se; legal negligence. \nnegligence per se. (1841) Negligence established as a \nmatter of law, so that breach of the duty is not a jury \nquestion. -Negligence per se usu. arises from a statu\ntory violation. Also termed legal negligence. [Cases: \nNegligence (;:=259.] \nordinary negligence. (16c) 1. Lack of ordinary dili\ngence; the failure to use ordinary care. -The term is \nmost commonly used to differentiate between \nligence and gross negligence. [Cases: Negligence \n232.] 2. NEGLIGE:-ICE (1). \npassive negligence. (18c) Negligence resulting from a \nperson's failure or omission in acting, such as failing \nto remove hazardous conditions from public property. \nCf. active negligence. \nprofessional negligence. See MALPRACTICE. \nreckless negligence. See gross negligence. \nsimple negligence. 1. See inadvertent negligence. 2. See \nNEGLIGENCE (1). \nslight negligence. (lSc) The failure to exercise the great \ncare of an extraordinarily prudent person, resulting in \nliability in special circumstances (esp. those involving \nbailments or carriers) in which lack of ordinary care \nwould not result in liability; lack ofgreat diligence. \nsubsequent negligence. (lS27) The negligence of the \ndefendant when, after the defendant's initial negli\ngence and the plaintiff's contributory negligence, the \ndefendant discovers -or should have discovered \nthat the plaintiff was in a position of danger and \nfails to exercise due care in preventing the plaintiff's \ninjuries. -Also termed supervening negligence. See \nLAST-CLEAR-CHANCE DOCTRINE. [Cases: Negligence \n(;:=530.1 \nsupine negligence. See advertent negligence. \ntax negligence. Negligence arising out ofthe disregard \noftax-payment laws, for which the Internal Revenue \nService may impose a penalty -5% of the amount \nunderpaid. IRC (26 USCA)  6651(a). [Cases: Internal \nRevenue (;:5219.J \nwanton negligence. See gross negligence. \nwillful and wanton negligence. See gross negligence. \nwillful negligence. 1. See advertent negligence. 2. See \ngross negligence. \nnegligence rule. (1914) Commercial law. The principle \nthat if a party's negligence contributes to an unau\nthorized signing or a material alteration in a nego\ntiable instrument, that party is estopped from raising \nthis issue against later parties who transfer or pay the \ninstrument in good faith. -Examples of negligence \ninclude leaving blanks or spaces on the amount line of \nthe instrument, erroneously mailing the instrument to negligent infliction of emotional distress \na person with the same name as the payee, and failing \nto follow internal procedures designed to prevent forg\neries. [Cases: Banks and Banking (;:= 148(3); Bills and \nNotes (;:=279,365(2).] \nnegligent, adj. (14c) Characterized by a person's failure \nto exercise the degree of care that someone of ordinary \nprudence would have exercised in the same circum\nstance <the negligent driver went through the stop \nsign> <negligent construction caused the bridge to \ncollapse>.[Cases: Automobiles 146; Negligence \n(;::~~200, 232.]- negligently, adv. \n\"[AJ careful consideration is needed of the differences \nbetween the meaning of expressions like 'inadvertently' \nand 'while his mind was a blank' on the one hand, and \n'negligently' on the other. In ordinary English, and also in \nlawyers' English, when harm has resulted from someone's \nnegligence, if we say of that person that he has acted neg \nligently we are not thereby merely describing the frame of \nmind in which he acted. 'He negligently broke a saucer' is \nnot the same kind of expression as 'he inadvertently broke \na saucer'. The point of the adverb 'inadvertently' is merely \nto inform us of the agent's psychological state, whereas if \nwe say 'He broke it negligently' we are not merely adding to \nthis an element of blame or reproach, but something quite \nspecific. viz. we are referring to the fact that the agent \nfailed to comply with a standard of conduct with which any \nordinary reasonable man couldand would have complied: a \nstandard requiring him to take precautions against harm. \nThe word 'negligently', both in legal and in nonlegal \ncontexts, makes an essential reference to an omission to \ndo what is thus required: it is not a flatly descriptive psy \nchological expression like 'his mind was a blank',\" H.L.A. \nHart, \"Negligence, Mens Rea and Criminal Responsibility,\" \nin Punishment and Responsibility 136, 147-48 (1968). \nnegligent act. See ACT. \nnegligent conversion. See technical conversion under \nCONVERSION (2). \nnegligent entrustment. (1944) The act ofleaving a dan\ngerous article (such as a gun or car) with a person who \nthe lender knows, or should know. is likely to use it in \nan unreasonably risky manner. [Cases: Automobiles \n192(11); Negligence (;:=351-355; Weapons \nIS.J \nnegligent escape. See ESCAPE (3). \nnegligent hiring. Torts. An employer's lack of care in \nselecting an employee who the employer knew or \nshould have known was unfit for the position, thereby \ncreating an unreasonable risk that another person \nwould be harmed. \nnegligent homicide. See HOMICIDE. \nnegligentia (neg-li-jen-shee-;l), n. [Latin) Roman law. \nSee NEGLEGENTIA. \nnegligent infliction of emotional distress. (1970) The \ntort of causing another severe emotional distress \nthrough one's negligent conduct. -Most courts will \nallow a plaintiff to recover damages for emotional \ndistress if the defendant's conduct results in physical \ncontact with the plaintiff or, when no contact occurs, \nifthe plaintiff is in the zone ofdanger. See EMOTIONAL \nDISTRESS: ZONE-OF-DANGER RULE. Abbr. NIED. Cf. \nINTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. \n[Cases: Damages (;:=57.13.1 \n\n1136 negligent manslaughter \nnegligent manslaughter. See involuntary manslaughter \nunder MANSLAUGHTER. \nnegligent misrepresentation. See MISREPRESENTA\nTION. \nnegligent offense. See OFFENSE (1). \nnegligent tort. See TORT. \nnI?goce (ni-gohs), n. [French] Trade; business. \nnegotiability. (18c) The capability ofcommercial paper \nto have its title transferred by indorsement and delivery, \nor by delivery alone, so that the transferee has a rightful \nclaim on it.  Negotiability (which pertains to commer\ncial paper) differs from assignability (which pertains to \ncontracts in general) because an assignee traditionally \ntakes title subject to all equities, and an assignment is \nnot complete without notice to the debtor, whereas an \nindorsee takes free of all equities and without any notice \nto the debtor. [Cases: Bills and Notes C=>144-175.J \nnegotiable, ad). (18c) 1. (Of a written instrument) capable \nofbeing transferred by delivery or indorsement when \nthe transferee takes the instrument for value, in good \nfaith, and without notice of conflicting title claims or \ndefenses. [Cases: Bills and Notes ~144.]2. (Of a deal, \nagreement, etc.) capable ofbeing accomplished. 3. (Of a \nprice or deal) subject to further bargaining and possible \nchange. Cf. NONNEGOTIABLE; ASSIGNABLE. \n'The term 'negotiable: in its enlarged signification, \nis used to describe any written security which may be \ntransferred by indorsement and delivery, or by delivery \nmerely, so as to vest in the indorsee the legal title, and \nthus enable him to bring a suit thereon in his own name. \nBut in a strictly commercial classification, and as the term \nis technically used, it applies only to those instruments \nwhich, like bills of exchange, not only carry the legal title \nwith them by indorsement, or delivery, but carry as well, \nwhen transferred before maturity, the right of the trans\nferee to demand the full amounts which their faces call \nfor. 'Assignable' is the more appropriate term to describe \nbonds, and ordinary notes, or notes of hand as they are \nmost commonly called; as 'negotiable' is the more fitting \nterm to describe the peculiar instruments of commerce.\" 1 \nJohn W. Daniel, A Treatise on the Law ofNegotiable Instru\nments  2, at 3 (Thomas H. Calvert ed., 7th ed. 1933). \nnegotiable bill oflading. See BILL OF LADING. \nnegotiable bond. See BOND (2). \nnegotiable certificate of deposit. See CERTIFICATE OF \nDEPOSIT. \nnegotiable document of title. See DOCUMENT OF \nTITLE. \nnegotiable instrument. (I8c) A written instrument \nthat (1) is Signed by the maker or drawer, (2) includes \nan unconditional promise or order to pay a specified \nsum ofmoney, (3) is payable on demand or at a definite \ntime, and (4) is payable to order or to bearer. UCC \n 3-104(a). Also termed negotiable paper; negotiable \nnote .  Among the various types ofnegotiable instru\nments are bills of promissory notes, bank \nchecks, certificates of deposit, and other negotiable \nsecurities. [Cases: Bills and Notes 144-175.] \n\"What are called 'negotiable instruments,' or 'paper to \nbearer,' such as bills of exchange, or promissory notes, do really pass from hand to hand, either by delivery or \nindorsement, giving to each successive recipient a right \nagainst the debtor, to which no notice to the debtor is \nessential, and which, if the paper is held bona fide and for \nvalue, is unaffected by flaws in the title of intermediate \nassignors.\" Thomas E. Holland, The Elements ofJurispru\ndence 315-16 (13th ed. 1924). \n\"'One must first understand that a negotiable instrument \nis a peculiar animal and that many animals calling for the \npayment of money and others loosely called 'commercial \npaper' are not negotiable instruments and not subject to \nthe rules of Article 3.\" James J. White & Robert 5. Summers, \n2 Uniform Commercial Code  16-1, at 70 (4th ed. 1995). \nnegotiable note. See NEGOTIABLE INSTRUMENT. \nnegotiable order of withdrawal. A negotiable instru\nment (such as a check) payable on demand and issued \nagainst funds deposited with a financial institution. \nAbbr.NOW. \nnegotiable-order-of-withdrawal account. See NOW \naccount under ACCOUNT. \nnegotiable paper. See NEGOTIABLE INSTRUMENT. \nnegotiable words. (1819) The terms and phrases that \nmake a document a negotiable instrument. -Also \ntermed words ofnegotiability. See NEGOTIABLE INSTRU\nMENT. [Cases: Bills and Notes \nnegotiate, vb. (16c) 1. To communicate with another \nparty for the purpose of reaching an understanding \n<they negotiated with their counterparts for weeks on \nend>. 2. To bring about by discussion or bargaining \n<she negotiated a software license agreement>. 3. To \ntransfer (an instrument) by delivery or indorsement, \nwhereby the transferee takes the instrument for value, \nin good faith, and without notice of conflicting title \nclaims or defenses <Jones negotiated the check at the \nneighborhood bank>. [Cases: Bills and Notes (;::::c 176, \n208.] \nnegotiated agreement. A settlement that disputing \nparties reach between themselves, usu. with the help \noftheir attorneys, but without benefit offormal medi\nation. -Also termed negotiated settlement. [Cases: \nCompromise and Settlement \nnegotiated market. See MARKET. \nnegotiated offering. See OFFERING. \nnegotiated plea. See PLEA (1). \nnegotiating bank. See BANK. \nnegotiation, n. (16c) 1. A consensual bargaining process \nin which the parties attempt to reach agreement on a \ndisputed or potentially disputed matter. Negotia\ntion usu. involves complete autonomy for the parties \ninvolved, without the intervention of third parties. \n[Cases: Contracts ('::::>25.] \n\"Negotiation, we may say, ought strictly to be viewed simply \nas a means to an end; it is the road the parties must travel \nto arrive at their goal of mutually satisfactory settlement. \nBut like other means, negotiation is easily converted into \nan end in itself; it readily becomes a game played for its \nown sake and a game played with so little reserve by those \ntaken up with it that they will sacrifice their own ultimate \ninterests in order to win it.\" Lon L. Fuller, Anatomy of the \nLaw 128 (1968). \n\n1137 \n2. (usu. pl.) Dealings conducted between two or more \nparties for the purpose of reaching an understanding. \n3. The transfer ofan instrument by delivery or indorse\nment whereby the transferee takes it for value, in good \nfaith, and without notice of conflicting title claims or \ndefenses. See HOLDER IN DUE COURSE. [Cases: Bills and \nNotes 176,208.] negotiate, vb. -negotiable, \nadj. -"}
{"text": ": Bills and \nNotes 176,208.] negotiate, vb. -negotiable, \nadj. -negotiability, n. \ndue negotiation. The transfer of a negotiable document \nof title so that the transferee takes it free of certain \nclaims enforceable against the transferor. This is \nthe good-faith-purchase exception to the doctrine \nofderivative title. VCC  7-501(4); 7-502(1). [Cases: \nWarehousemen e=:15.] \nnegotiation letter ofcredit. See LETTER OF CREDIT. \nnegotiorum gestio (ni-goh-shee-or-<lm jes-chee-oh), \nn. [Latin \"management of another's affairs\"] Roman \n& civil law. A quasi-contractual situation in which \nan actor (negotiorum gestor) manages or interferes in \nthe business transaction of another person (dominus \nnegotii) in that person's absence, without authority but \nout of concern or friendship. La. Civ. Code art. 2292. \n By such conduct, the actor is bound to conduct the \nmatter to a conclusion and to deliver the transaction's \nproceeds to the person, who likewise must reimburse \nthe actor for any expenses incurred. La. Civ. Code art. \n2297. A negotiorum gestio does not exist ifthe gestor \nacted self-interestedly or ifthe owner expressly forbade \nthe gestor from acting on the owner's behalf. See actio \nnegotiorum gestorum under ACTIO. [Cases: Implied and \nConstructive Contracts e=:2.1; Principal and Agent \n(:=:149(2).] \n\"The negotiorum gestio, according to the Civilians, is a \nspecies of spontaneous agency, or an interference by one \nin the affairs of another, in his absence, from benevolence \nor friendship, and without authority. The negotiorum gestor \nacquires no right of property by means of the interfer\nence, and he is strictly bound not only to good faith, but to \nordinary care and diligence; and in some cases he is held \nresponsible for the slightest neglect.\" 2 James Kent, Com\nmentaries on American Law *616 n.(c) (George Comstock \ned. 11 th ed. 1866). \nnegotiorum gestor (ni-goh-shee-or-<lm ;es-tor), n. [Latin \n\"a manager ofanother's affairs\"] Roman & civil law. A \nperson who acts without authority to protect another \nperson's interests, in the reasonable belief that the \nowner would approve the action ifmade aware of the \ncircumstances. La. Civ. Code art. 2292. 1he actor \nhas a claim to be compensated by the owner for the \ntrouble taken, and the owner has a claim for any loss \nthat results from the negotiorum gestor's fault. Some\ntimes shortened to gestor. See NEGOTIORUM GESTIO. Pi. \nnegotiorum gestores. \nnegotium (ni-goh-shee-<lm), n. [Latin] Roman law. 1. A \nmatter; an affair, as in negotium absentis, a matter con\ncerning an absent person. 2. A transaction; an agree\nment. 3. A trade; a business. 4. A civil or criminal trial. \nPI. negotia. \nNEH. abbr. NATIONAL ENDOWMENT FOR THE HUMANI\nTIES. ne injuste vexes \nn.e.i. abbr. NON EST INVENTUS. \nneife (neef), n. [Law French] Hist. A person born into \nbondage or serfdom; speci., a female serf. -Also \nspelled naij; neif; niefe. \n'\"For the children of villeins were also in the same state \nof bondage with their parents; whence they were called \nin Latin, nativi, which gave rise to the female appellation \nof a villein, who was called a neife.\" 2 William BlaCkstone, \nCommentaries on the Laws of England 93-94 (1766). \nneighbor, n. (bef. 12c) l. A person who lives near another \n<Jensen's neighbor spotted the fire>. 2. A person or \nthing situated near something <Canada is the United \nStates' neighbor to the north>. 3. A person in relation \nto humankind <love thy neighbOr>. \nneighborhood. (I5c) 1. 'The immediate vicinity; the area \nnear or next to a specified place. 2. People living in a \nparticular vicinity, usu. forming a community within \na larger group and having similar economic statuses \nand social interests. 3. The condition of being close \ntogether. \nneighborhood effect. See EXTERNALITY. \nneighboring right. (usu. pl.) Copyright. An intellectual\nproperty right of a performer or ofan entrepreneur \nsuch as a publisher, broadcaster, or producer, as dis\ntinguished from a moral right belonging to an author \nor artist as the work's creator . In civil-law systems, \nneighboring rights and moral rights are typically pro\ntected by different laws, while in common-law systems \nboth are typically protected by the same copyright \nlaws. Also termed related right; entrepreneurial right; \n(in French) droit voisins; (in German) Leistungsschutz\nrecht; (in Italian) diritto connessi. Cf MORAL RIGHTS. \n[Cases: Copyrights and Intellectual Property \n41(3).] \n\"Civil law countries have generally, but not conSistently, \nconsigned protection of collaborative technological pro \nductions to regimes of neighboring rights. Common law \ncountries, with their utilitarian emphasis on the products \nrather than the processes of creative work, have gener\nally, but not consistently, included these productions in \nthe subject matter of copyright, alongside such traditional \nobjects as novels and musical works\" Paul Goldstein. \nInternational Copyright: Principles, Law, and Practice 157 \n(2001). \nneighbor principle. (1963) The doctrine that one must \ntake reasonable care to avoid acts or omissions that \none can reasonably foresee will be likely to injure \none's neighbor. _ According to this principle, neighbor \nincludes all persons who are so closely and directly \naffected by the act that the actor should reasonably \nthink of them when engaging in the act or omission \nin question. \nne injuste vexes (nee in-jOls-tee vek-seez), n. [Law Latin \n\"do not trouble unjustly\"] Hist. A writ prohibiting a \nlord from demanding more services from a tenant than \nthe tenure allowed. \n\"The writ of ne injuste vexes . .. which prohibits distresses \nfor greater services than are really due to the lord; being \nitself of the prohibitory kind, and yet in the nature of a \nwrit of right. It lies, where the tenant in fee-simple and his \nancestors have held of the lord by certain services; and \n\n1138 neither party \nthe lord hath obtained seisin of more or greater services, \nby the inadvertent payment or performance of them by \nthe tenant himself. Here the tenant cannot ... avoid the \nlord's possessory right, because of the seisin given by his \nown hands; but is driven to this writ, to devest the lord's \npossession, and establish the mere right of property, by \nascertaining the services, and reducing them to their \nproper standard.\" 3 William Blackstone, Commentaries on \nthe Laws ofEngland 234 (1768). \nneither party. A docket entry reflecting the parties' \nagreement not to continue to appear to prosecute and \ndefend a lawsuit.  This entry is equivalent to a dis\nmissal. \nne luminibus officiatur (nee loo-min-i-b<ls a-fish-ee\nay-t<lr). [Latin \"that lights be not impeded\"] Roman \nlaw. An urban praedial servitude restraining a hom\neowner from constructing anything that blocks light \nto an adjoining house. \nnem. con. abbr. NEMINE CONTRADICENTE. \nnemine contradicente (nem-i-nee kahn-tra-di-sen-tee). \nIff. Latin nemo \"nobody\" + contradicere \"contradict\"] \nWithout opposition or dissent . This phrase expresses \nthe lack of opposition by members of a court, legisla\ntive body, or other group to a resolution or vote <the \nmotion passed nemine contradicente>. It is used in \nthe British House of Commons. -Abbr. nem. con.; \nn.c.d. Also termed nemine dissentiente. Cf. NEMINE \nDISSENTIENTE. \nnem. dis. abbr. NEMINE DISSENTIENTE. \nnemine dissentiente (nem-i-nee di-sen-shee-en-tee). [fro \nLatin nemo \"nobody\" + dissentio \"dissents\"] Without \nopposition or dissent; NEMINE CONTRADICENTE . This \nphrase is used in the British House of Lords. -Abbr. \nnem dis.; n.d. Cf. NEMINE CONTRADICENTE. \nnemo (nee-moh), n. [Latin] No one; no man . This term \nis the first word of many Latin maxims, such as nemo \nest supra leges (\"no one is above the law\"). \nne mutuato amore invicem spoliarentur (nee myoo\nchoo-ay-toh <l-mor-ee in-vI-sam spoh-Iee-a-ren-tar). \n[Latin] See NE CONJUGES MUTUO AMORE SE INVICEM \nSPOLlENT. \nneonatal {nee-oh-nayt-al}, adj. (1902) Of or relating to \nthe first four weeks oflife. Cf. PERINATAL. -neonate \n(nee-oh-nayt or nee-<l-nayt), 11. \nneonaticide. See INFANTICIDE (1). \nneonatology (nee-oh-nay-tol-a-jee or nee-a-na-tol-a-jee), \nn. The branch of medicine dealing with the develop\nment of newborn children, as well as various disorders \nof early infancy. neonatological (nee-oh-nay-ta-Ioj\ni-kal or nee-a-), adj. neonatologist (nee-oh-nay-tol\na-jist or nee-a-na-tol-a-jist), n. \nNEPA (nee-pa). abbr. NATIONAL ENVIRONMENTAL \nPOLlCY ACT. \nnephew. (14c) 1. The son of a person's brother or sister; \nsometimes understood to include the son ofa person's \nbrother-in-law or sister-in-law . This term is extended \nin some wills to include a grandnephew. Cf. NIECE. \n[Cases: Descent and Distribution C=-32.] half nephew. The son of one's half brother or half \nsister. \n2. Rist. A grandchild. 3. Hist. A descendant. \n\"[NJephew. . a son's or daughter's son, a grandson (also ... \na granddaughter), later also a brother's or sister's son, a \nnephew, in general a descendant .... The application, as \nwith all other terms denoting relationship beyond the first \ndegree, formerly varied ('grandson,' 'nephew,' 'cousin,' \n'kinsman,' etc.); its final exclusive use for 'nephew' instead \nof 'grandson' is prob. due in part to the fact that, by reason \nof the great difference in age, a person has comparatively \nlittle to do with his grandsons, if he has any, while nephews \nare proverbially present and attentive, if their uncle is of \nany importance.\" 5 The Century Dictionary and Cyclopedia\ni 3968 (1895). \nnepos (nep-ohs), n. [Latin] 1. Roman law. A grandson. 2. \nHist. A nephew . The term nepos later became neveu \nand then \"nephew.\" See NEPHEW. \nnepotism (nep-<l-tiz-am), n. (17c) Bestowal of official \nfavors on one's relatives, esp. in hiring.[Cases: Officers \nand Public Employees C=29.] nepotistic (nep-<l\ntis-tik), adj. \nneptis (nep-tis), n. [Latin] Hist. 1. A granddaughter. 2. \nA female descendant. \nne relessa pas (na ra-Ies-;) pah), n. [Law French \"did \nnot release\"] A plaintiffs reply to a defendant's plea of \nrelease as a defense to liability in a case. \nnerve-center test. A method courts sometimes use to \ndetermine the location of a company's principal place \nof business by examining where the company's central \ndecision-making authority lies . Factors include the \nlocations where the corporate officers, directors, and \n(sometimes) shareholders reside, and where they direct \nand control the corporation's activities. [Cases: Corpo\nrations Federal Courts C=300.J \nNESDIS. abbr. National Environmental Satellite, Data, \nand Information Service. See NATIONAL OCEANIC AND \nATMOSPHERIC ADMINISTRATION. \nnet, n. (lSc) 1. An amount of money remaining after a \nsale, minus any deductions for expenses, commissions, \nand taxes. [Cases: Sales 2. The gain or loss from \na sale ofstock. 3. See net under WEIGHT. \nnet assets. See net worth under WORTH. \nnet asset value. The market value ofa share in a mutual \nfund, computed by deducting any liabilities ofthe fund \nfrom its total assets and dividing the difference by the \nnumber of outstanding fund shares. -Abbr. NAV. \nAlso termed asset value. See MUTUAL FUND. \nnet balance. See net proceeds under PROCEEDS. \nnet book cost. See COST (1). \nnet book value. See OWNER'S EQUITY. \nnet-capital rules. Securities. Basic financial-responsibil\nity standards adopted by the Securities and Exchange \nCommission under the Securities Exchange Act of \n1934. Under these rules, securities brokers are \nrequired to maintain a minimum level of capitalization \nand to maintain aggregate indebtedness at a level less \nthan a specified multiple of the broker's net capital. 15 \n\n1139 \nUSCA  7BO(c)(3); SEC Rule 15c3-1 (17 CFR  240.l5c3\n1. [Cases: Securities Regulation (;::)40.13.] \nnet cash flow. See CASH FLOW. \nnet cost. See COST (1). \nnet"}
{"text": "0.13.] \nnet cash flow. See CASH FLOW. \nnet cost. See COST (1). \nnet earnings. See net income under INCOME. \nnet estate. See net probate estate under PROBATE \nESTATE. \nnet gain. See GAIN (3). \nnether house of Parliament. Rist. The lower house of \nParliament; the English House of Commons. This \nname was given to the House of Commons at the time \nofHenry VIII. \nnet income. See INCOME. \nnet investment. See INVESTMENT. \nnet lease. See LEASE. \nnet level annual premium. See PREMIUM (1). \nnet listing. See LISTING (1). \nnet loss. See LOSS. \nnet national product. The total value of goods and \nservices produced in a country during a specific period, \nafter deducting capital replacement costs. \nnet-net-net lease. See LEASE. \nnet operating asset. See ASSET. \nnet operating income. See INCOME. \nnet operating loss. See LOSS. \nnet position. 1. The difference between long and short \ncontracts held by a securities or commodities trader. 2. \nThe amount gained or lost because of a change in the \nvalue ofa stock or commodity. \nnet premium. See PREMIUM (1). \nnet present value. See PRESENT VALUE. \nnet price. See PRICE. \nnet probate estate. See PROBATE ESTATE. \nnet proceeds. See PROCEEDS. \nnet profit. See PROFIT (1). \nnet-profits interest. Oil & gas. A share ofproduction free \nofthe costs ofproduction . Like a royalty, the interest \nis expressed as a fraction or a percentage of production. \nBut unlike a royalty, it is payable only if there is a net \nprofit, and the costs that are used to calculate the net \nprofit depend on what is negotiated. [Cases: Mines and \nMinerals C=>79.1(2).] \nnet quick assets. 1. See ASSET. 2. See QUICK-ASSET \nRATIO. \nnet realizable value. 1. For a receivable, the amount of \ncash expected from the collection ofpresent customer \nbalances. 2. For inventory, the selling price less the \ncompletion and disposal costs. 3. An accounting \nmethod requiring the value ofscrap or by-products to \nbe treated as a reduction in the cost of the primary \nproducts. \nnet rent. See RENT (1). ne urbs ruinis deformetur \nnet rental. See RENTAL. \nnet return. See RETURN. \nnet revenue. See net profit under PROFIT (1). \nnet sale. See SALE. \nnet sale contract. See net listing under LISTING (1). \nnet single premium. See PREMIUM (1). \nnetspionage. [fro (Inter)net + espionage] Slang. Spying \nthat is enabled by and carried out through computer \nnetworks, esp. for the purpose ofappropriating or mis\nappropriating data. \nnet tangible worth. See WORTH. \nnet tonnage. See TONNAGE (1). \nnet valuation premium. See net premium under \nPREMIUM (1). \nnet value. See VALUE (2). \nnet weight. See WEIGHT. \nnetwork element. Telecommunications. A facility or \npiece of equipment used to provide telecommunica\ntions service, as by a local-exchange network, and each \nfeature, function, or capability ofthe service. 47 USCA \n 153(29). [Cases: Telecommunications C=>860.] \nnet worth. See WORTH. \nnet-worth method. The procedure the Internal Revenue \nService uses to determine the taxable income of a \ntaxpayer who does not keep adequate records . The \nchange in net worth for the year determines the taxpay\ner's gross income, after taking into account nontaxable \nreceipts and nondeductible expenses. [Cases: Internal \nRevenue ~-:>4530.] \nnet yield. See YIELD. \nne unques (nee ;)ng-kweez). [Law French] Never. \nne unques accouple (nee ;)ng-kweez <l-k;)p-<ll), n. [Law \nFrench \"never married \"] In a dower action by a widow \nto recover the estate ofher deceased husband, a tenant's \nplea denying the woman's marriage to the decedent. \nAlso termed ne unques accoup/e en loiall matrimonies. \nSee DOWER. \nne unques executor (nee ;)ng-kweez ig-zek-Y<l-t<lr), n. \n[Law French \"never executor\"] A plea that the defen\ndant or plaintiff is not an executor as alleged. \nne unques seise que dower (nee ;)ng-kweez see-zee b \ndow-ar), n. [Law French \"never seised of a dowable \nestate\"] His/. In a dower action, the tenant's general \ndenial (plea ofgeneral issue) that the widow's husband \nwas never seised of a dowable estate ofinheritance. \nne unques son receiver (nee ;)ng-kweez sawn ri-see-v<lr), \nn. [Law French \"never a receiver\"] In an action for an \naccounting, the defendant's plea denying the receipt of \nanything from the plaintiff. -Also termed ne unques \nreceivour. \nne urbs ruin is deformetur (nee 3rbz rOO-I-nis di-for-m<l\nt<lr). [Latin] Scots law. Lest the city should be disfigured \nby ruinous houses . The phrase appeared in reference \nto the jurisdiction ofthe Dean ofGuild, who presided \n\n1140 neutral \nover construction projects, to order repairs to or demo\nlition of unsafe buildings. \nneutral, adj. (15c) 1. Indifferent. 2. (Of a judge, mediator, \narbitrator, or actor) refraining from taking sides in a \ndispute. 3. Impartial; unbiased . The term frequently \napplies to statutes that regulate or restrict speech. \ncontent-neutral. (Of a regulation or discrimination) \napplicable to all speech, regardless ofviewpoint and \nsubject matter. See TIME-PLACE-OR-MANNER RESTRIC\nTION. Cf. subject-matter-neutral; viewpoint-neutral. \n[Cases: Constitutional Law (;::::> 1511.] \nsubject-matter-neutral. (Of a regulation or discrimi\nnation) not based on the topic or subject ofspeech. See \nTIME-PLACE-OR-MANNER RESTRICTION. Cf. content\nneutral; viewpoint-neutral. [Cases; Constitutional \nLaw Cr--::}151 1.] \nviewpoint-neutral. (Of a regulation or discrimination) \nnot based on a point ofview or an ideology. View\npoint neutrality was first addressed in Rosenberger \nv. Visitors ofUniv. ofVa., 515 U.S. 819,115 S.Ct. 2510 \n(1989). See TIME-PLACE-OR-MANNER RESTRICTION. \nCf. content-neutral; subject-matter-neutral. [Cases: \nConstitutional Law (;::::> 1507.] \nneutral, n. (15c) 1. A person or country taking no side \nin a dispute; esp., a country that is at peace and is com\nmitted to aid neither of two or more belligerents. Cf. \nBELLIGERENT. \n\"The rights of neutrals have grown up to be an important \npart of international law in modern times.... Now, when a \nwar arises between two states, the interests of all neutrals \nare more affected than formerly; or, in other words, \nneutral power has increased more than war power, and the \ntendency is more and more towards such alterations ofthe \ncode of war as will favor neutral commerce ....\" Theodore \nD. Woolsey, Introduction to the Study of International Law \n 163, at 276 (5th ed. 1878). \n2. A nonpartisan arbitrator typically selected by two \nother arbitrators one of whom has been selected by \neach side in the dispute. [Cases: Alternative Dispute \nResolution (;::::>240.] \nneutrality, n. (15c) 1. The state or quality ofbeing impar\ntial or unbiased. 2. The condition of a nation that in \ntime ofwar takes no part in the dispute but contin\nues peaceful dealings with the belligerents. -neutral, \nadj. \narmed neutrality. A condition of neutrality that \nthe neutral state is willing to maintain by military \nforce. \nneutrality law. Int'llaw. An act that prohibits a nation \nfrom militarily aiding either of two or more belliger\nent powers with which the nation is at peace; esp., a \nfederal statute forbidding acts -such as the equipping \nof armed vessels or the enlisting oftroops -designed \nto assist either oftwo belligerents that are at peace with \nthe United States. 22 USCA  441~457. [Cases: Neu\ntrality Laws C::)1~5.] \nneutrality proclamation. lnt'llaw. At the outbreak of \na war between two nations, an announcement by the \nPresident that the United States is neutral and that its citizens may not violate the neutrality laws, as in the \nNeutrality Proclamation of 1793, issued during the war \nbetween France and Great Britain. \nneutralization. (1817) 1. 1be act of making something \nineffective. 2. Int'llaw. The process bywhich a country's \nintegrity has been permanently guaranteed by interna\ntional treaty, conditionally on its maintaining a perpet\nual neutrality except in its own defense . Switzerland \nis the only remaining example, having been neutralized \nby the Treaty of Vienna in 1815 - a provision reaf\nfirmed by the Treaty ofVersailles in 1919.3. The act of \ndeclaring certain persons or property neutral and safe \nfrom capture. See NEUTRAL PROPERTY. 4. Evidence. The \ncancellation of unexpected harmful testimony from a \nwitness by showing, usu. by cross-examination, that \nthe witness has made conflicting statements . For \nexample, a prosecutor may attempt to neutralize testi\nmony of a state witness who offers unexpected adverse \ntestimony. See IMPEACHMENT (2). \nneutral principles. (1959) Constitutional law. Rules \ngrounded in law, as opposed to rules based on personal \ninterests or beliefs. _ In this context, the phrase was \npopularized by Herbert Wechsler. See Toward Neutral \nPrinciples of Constitutional Law, 73 Harv. L. Rev. 1 \n(1959). \nneutral property. Things belonging to citizens of \na country that is not a party to a war, as long as the \nthings are properly used and labeled. For example, \nharmless neutral property aboard a captured belliger\nent ship would not normally be subject to seizure. But \nthe hiding ofexplosives in otherwise neutral property \ncould allow the property to be seized as contraband. \nneutron-activation analysis. (1951) A method of iden\ntifying and analYZing phYSical evidence by measur\ning gamma rays emitted by a sample of material after \nthat material has been bombarded with neutrons in \na nuclear reactor . This technique can be used, for \nexample, to detect gunshot residue on the hand of \nsomeone who recently fired a gun. The analysis is usu. \nexpensive to perform, but most courts allow the results \ninto evidence. -Abbr. NAA. [Cases: Criminal Law \n(;::::>388.2.] \nNevada trust. See asset-protection trust (1) under TRUST \n(3). \nne varietur (nee vair-ee-ee-tar), n. [Latin \"it must not \nbe altered\"] A notation ofidentity that a person, usu. a \nnotary, places on documents or translations of docu\nments. In Louisiana, this notation is typically placed \non a collateral mortgage note to bind and identify the \nnote with the collateral mortgage. \nnever indebted, plea of. (1880) A common-law \ntraverse or denial- by which the defendant in an \naction on a contract debt denies that an express or \nimplied contract existed. Also termed non debit. \nSee TRAVERSE. [Cases: Bills and Notes (;::::>474; Con\ntracts (;::::>339.] \nnew, adj. 1. (Of a person, animal or thing) recently come \ninto being <the new car was shipped from the factory \n\nthis morning>. 2. (Of any thing) recently discovered \n<a new cure for cancer>. 3. (Of a person or condition) \nchanged from the former state <she has a new state of \nmind>. 4. Unfamiliar; unaccustomed <she asked for \ndirections because she was new to the area>. 5. Begin\nning afresh <a new day in court>. \nnew acquisition. See ACQUISITION. \nnew and useful. Patents. Two of the requirements for an \ninvention to be patentable namely, that the inven\ntion be novel and that it have practical utility. 35 USCA \n 101. See PATENT (3). [Cases: PatentsC=>37, 46.1 \nnew asset. See ASSET. \nnew assignment. See ASSIGNMENT (7). \nnewborn-kidnapping by cesarean section. See kidnap\nping by cesarean under KIDNAPPING. \nnew business. See BUSINESS. \nnew-business rule. The principle precluding an award \nofdamages for lost profits to a business with no recent \nrecord of profitability, because the damages would be \ntoo speculative. [Cases: Damages (;::>40(1), 190.] \nnew cause ofaction. See CAUSE OF ACTION. \nnew-contract dispute. See major dispute under DIS\nPUTE. \nnew court commitment. See COMMITMENT. \nnew debtor. See DEBTOR. \nnew-debtor syndrome. Conduct showing a debtor's \nbad faith in filing for bankruptcy, as a result of which \nthe court may dismiss the bankruptcy petition . An \nexample is the debtor's formation of a corporation, \nimmediately before the bankruptcy filing, solely to take \nadvantage of the bankruptcy laws. [Cases: Bankruptcy \n(;=>2252.1, 3503.J \nnew drug. See DRUG. \nnew-for-old. 1. Marine insurance. In adjusting a partial \nmarine-insurance loss, the principle that old materi\nals apply toward payment of the new, so that the old \nmaterial's value is deducted from the total repair \nexpenses, and then from that balance one-third of the \ncost of repairs (one-third of the new materials for the \nold"}
{"text": "expenses, and then from that balance one-third of the \ncost of repairs (one-third of the new materials for the \nold on the balance) is deducted and charged against \nthe insured shipowner. -Also termed deduction for \nnew. [Cases: Insurance e::-~'2244.]2. The principle that \na party whose property has been damaged is entitled \nto recover only the amount necessary to restore the \nproperty to the condition it was in before the damage, \ninstead of acquiring a new item to replace one that was \nold and depreciated. [Cases: Damages 103.] \nNew Inn. Hist. English law. One of the Inns ofChancery \n(collegiate houses) in which law students were placed \nbefore entering the Inns ofCourt . This practice con\ntinued until approximately 1650, when the buildings \nbegan to be used only by barristers and solicitors. See \nINNS OF CHANCERY. Cf. INNS OF COURT. \nnew issue. See ISSUE (2). \nnew-loan fee. See MORTGAGE DISCOUNT. newly discovered evidence. See EVIDENCE. \nnew matter. 1. See MATTER. 2. Patents. Additional infor\nmation in an amended patent application that adds to \nthe original disclosure . Since the new matter was \nreduced to practice after the application was filed, it \ncannot carry the same filing date. Rather, it must be \nincluded in a continuation-in-part application. - Also \ni \ttermed disconformity. [Cases: Patents ~109.] \n. new-matter rejection. See REJECTION. \ni new promise. See PROMISE. . new-rnle principle. (1989) Criminal procedure. A \ndoctrine barring federal courts from granting habeas \ncorpus relief to a state prisoner because of a rule, not \n! \tdictated by existing precedent, announced after the \nprisoner's conviction and sentence became final. \nAlso termed nonretroactivity principle. See HABEAS \nCORPUS. [Cases: Courts C=> 100(1).] \nnew ruling. (1931) Criminal procedure. A Supreme \nCourt ruling not dictated by precedent existing when \nthe defendant's conviction became final and thus not \napplicable retroactively to habeas cases . For example, \nwhen the Court in Ford v. Wainwright, 477 U.S. 399, \n106 S.Ct. 2595 (1986), ruled that the Eighth Amend\nment prohibits execution of insane prisoners, this new \nruling was nonretroactive because it departed so widely \nfrom prior doctrine. Teague v. Lane, 489 U.S. 288, 109 \nS.Ct. 1060 (1989). See HABEAS CORPUS. [Cases: Courts \n(~.)100(1).1 \nNew Rules. See HILARY RULES. \nnew series. See N.S. \nnewsman's privilege. See journalist's privilege (1) under \nPRIVILEGE (3). \nnewspaper. (17c) A publication for general circulation, \nusu. in sheet form, appearing at regular intervals, usu. \ndaily or weekly, and containing matters of general \npublic interest, such as current events. \ndaily newspaper. A newspaper customarily published \nfive to seven days every week. Often shortened to \ndaily. \nlegal newspaper. A newspaper containing matters of \nlegal interest including summaries of cases, legal \nadvertisements, legislative or regulatory changes, \nand local bankruptcy notices. [Cases: Newspapers \nnewspaper ofgeneral circulation. (1838) A newspaper \nthat contains news and information ofinterest to the \ngeneral public, rather than to a particular segment, \nand that is available to the public within a certain geo\ngraphic area. -Legal notices (such as a class-action \nnotice) are often reqUired by law to be published in \na newspaper of general circulation. [Cases: Newspa\npers (::::::>3(5).] \n\"The phrase 'newspaper of general circulation' is a term \nof art in most states and does not necessarily mean the \nnewspaper best calculated to reach interested persons.\" \nAnn Taylor Schwing, Open Meeting Laws  5.28, at 190-91 \n(2d ed. 2000). \n\nofficial newspaper. A newspaper designated to contain nexi (nek-sI), n. pl. [Latin] Roman law. Debtors given in I \nall the public notices, resolves, acts, and advertise\nments ofa state or municipal legislative body. [Cases: \nNewspapers 1-7.] \nnewspaper prospectus. See PROSPECTUS. \nnew style. The modern system for ordering time accord\ning to the Gregorian method, introduced by Pope \nGregory XIII in 1582 and adopted in England and \nthe American colonies in 1752. Because the Julian \ncalendar year was slightly longer than the astronomi\ncal year, the vernal equinox over time had been dis\nplaced by ten days. Pope Gregory reformed the calendar \nby announcing that October 5, 1582 would be called \nOctober 15. And, while generally retaining a leap year \nfor years divisible by 4, he skipped leap years in years \ndivisible by 100 (such as 1800 and 1900), but retained \nleap years for years divisible by 400 (such as 2000). \nThus, the years 2000, 2004, 2008, etc. are leap years, \nbut 2100 is not. -Abbr. n.s. Also termed Gregorian \ncalendar. Cf. OLD STYLE. \nnew trial. See TRIAL. \nnew-use claim. See PATENT CLAIM. \nnew-use invention. See INVENTION. \nnew value. See VALUE (2). \nnew-value defense. See DEFENSE (1). \nnew works. See WORKS. \nNew York interest. See Boston interest under INTEREST \n(3). \nNew York standard clause. See MORTGAGE-LOSS \nCLAUSE. \nNew York Stock Exchange. An association of member \nfirms that handle the purchase and sale of securities \nboth for themselves and for customers . This exchange, \nthe dominant one in the United States, trades in only \nlarge companies having at least one million outstand\ning shares. Abbr. NYSE. [Cases: Exchanges C-=:> 1-15; \nSecurities Regulation C=:40.l0-40.l6.j \nNew York Supplement. A set ofregional law books, part \nof the West Group's National Reporter System, con\ntaining every published appellate decision from inter\nmediate and lower courts of record in New York, from \n1888 to date . The first series ran from 1888 to 1937; \nthe second series is the current one. -Abbr. N.Y.S.; \nN'y.S.zd. \nNew York Times malice. See actual malice (2) under \nMALICE. \nNew York Times rule. A commonsense rule of ethical \nconduct holding that one should not do anything \narguably newsworthy -in public or in private that \none would mind having reported on the front page of \na major newspaper . In various communities, a local \nnewspaper is substituted for the Times. Also termed \nNew York Times test; New York Times v. Sullivan rule. \nSee actual malice (Z) under MALICE. bondage to creditors until their debts have been paid. \nSeeNExuM. \nnext devisee. See DEVISEE. \nnext eventual estate. See ESTATE (1). \nnext friend. (l6c) A person who appears in a lawsuit to \nact for the benefit ofan incompetent or minor plain\ntiff, but who is not a party to the lawsuit and is not \nappointed as a guardian. -Also termed prochein ami. \nCf. guardian ad litem under GUARDIAN. [Cases: Infants \nC=>76; Mental Health C=485.J \nnext-in, first-out. A method of inventory valuation (but \nnot a generally accepted accounting principle) whereby \nthe cost of goods is based on their replacement cost \nrather than their actual cost. -Abbr. NIFO. Cf. FIRST\nIN, FIRST-OUT; LAST-IN, FIRST-OUT. \nnext of kin. (18c) 1. The person or persons most closely \nrelated to a decedent by blood or affinity. Cf. RELATIVE. \n[Cases: Descent and Distribution C=)ZO-43; Wills C=> \n508.] 2. An intestate's heirs -that is, the person or \npersons entitled to inherit personal property from a \ndecedent who has not left a wilL See HEIR. \nnext presentation. See PRESENTATION. \nnexum (nek-sam), n. [Latin] Roman law. A transaction or \npractice ofearly Roman law under which a debtor, upon \na failure to repay the debt, could be seized and held in \nbondage until the debt was repaid . This practice was \nallowed in very early Roman law. \n\"Nexum. This highly controversial matter will be briefly \ndealt with as nexum had long been obsolete in classical \nlaw. Little is really known of it: it has been doubted whether \nthere ever was such an institution. No text tells us that \nthere was a contract called nexum .... But we have texts \nwhich speak of nexum as creative of obligation ... and \nmany literary texts dealing with debtors who were nexi, \nso that it may be taken as certain that there was such a \ntransaction ... which in some way reduced debtors to a \nsort of slavery, that great hardships resulted and that a I. \nPoetelia . .. practically ended this state of things, presum\nably by requiring an actual judgment before seizure. The \neffect was not to abolish nexum, but, by depriving it of \nits chief value, the power of seizure ... to leave it with \nno advantages to counterbalance its clumsiness, so that \nit went out of use.\" W.W. Buckland, A TextBook of Roman \nLaw from Augustus to Justinian 429-30 (Peter Stein ed., \n3d ed. 1963). \nnexus, n. (l7c) 1. A connection or link, often a causal \none <cigarette packages must inform consumers ofthe \nnexus between smoking and lung cancer>. PI. nexuses; \nnexus. 2. Roman law. (ital.) In very early times, a debtor \ngiven in bondage to creditors until the debts have been \npaid. PI. nexi. See NEXUM. \nnexus rea lis (nek-sas ree-ay-lis). [Latin \"a real fetter\") \nScots law. An encumbrance to property, such as a ser\nvitude. \nnexus test. (1975) The standard by which a private \nperson's act is considered state action -and may give \nrise to liability for Violating someone's constitutional \nrights if the conduct is so closely related to the gov\nernment's conduct that the choice to undertake it may \nfairly be said to be that ofthe state . While similar to \n\n1143 \nthe symbiotic-relationship test, the nexus test focuses \non the particular act complained of, instead of on the \noverall relationship of the parties. Still, some courts \nuse the terms and analyses interchangeably. -Also \ntermed close-nexus test. Cf. SYMBIOTIC-RELATIONSHIP \nTEST. See JOINT PARTICIPATION; STATE-COMPULSION \nTEST. [Cases: Civil Rights C= 1326(4, 7).] \n\"The complaining party must ... show that there is a suf\nficiently close nexus between the State and the chal\nlenged action ofthe regulated entity so that the action \nof the latter may be fairly treated as that of the State \nitself. lhe purpose ofthis requirement is to assure that \nconstitutional standards are invoked only when it can be \nsaid that the State is responsible for the specific conduct \nofwhich the plaintiff complains .... [O]ur precedents \nindicate that a State normally can be held responsible \nfor a private decision only when it has exercised coercive \npower or has provided such significant encouragement, \neither overt or covert, that the choice must in law be \ndeemed to be that of the State.\" Blum v. Yaretsky, 457 \nU.S. 991, 1004, 102 S.Ct. 2777, 2786 (1982). \nNGO. abbr. NONGOVERNMENTAL ORGANIZATION. \nNGRI. See not guilty by reason of insanity under NOT \nGUILTY. \nNHTSA. abbr. NATIONAL HIGHWAY TRAFFIC SAFETY \nADMINISTRATION. \nniehil (nieh-dl), n. [Old French nichil fr. Latin nihil \n\"nothing\"] Hist. English law. A debt owed to the Exche\nquer's office but nihiled by sheriffs as nonleviable . \nOnce a year, an officer ofthe Clerk ofNichils enrolled \nthese amounts and sent them to the treasurer's remem\nbrancer's office from which process was issued for their \nrecovery. Both offices were abolished in 1833. -Also \nspelled nichill; nichel. \nnichil, vb. (Of a sheriff) to make return that a debt is \nworthless, because the debtor either cannot be found \nor is unable to pay. \nNickerson letter. In New York City, a document issued \nby the Board of Education offering to pay the tuition \nof a disabled child who has been admitted to a state\napproved private school and whose educational needs \ncannot be met in a public school.  Nickerson letters \nare named for Judge Eugene P. Nickerson, who presided \nover the class-action suit that led to their creation. See \nJose P. v. Ambach, 669 F.2d 865 (2d Cir. 1982); see also \nJose P. v. Ambach, 557 F. Supp. 1230 (E.D.N.Y. 1983). \n[Cases: Schools 148(2.1), 155.5(1).] \nnickname, n. (15c) 1. A shortened version of a person's \nname <\"Bill\" is William's nickname>. [Cases: Names \n2. A descriptive or alternative name, in addition \nto or instead of the actual name <David Smith's \nnickname is \"Red\">. \nniece. (14c) The daughter ofa person's brother or sister; \nsometimes understood to include the daughter of a \nperson's brother-in-law or sister-in-law . This term \nis extended in some wills to include a grandniece. Cf. \nNEPHEW. nihil \nhalfniece. The daughter of one's half brother or half \n"}
{"text": ". Cf. \nNEPHEW. nihil \nhalfniece. The daughter of one's half brother or half \nsister. \nNIED. abbr. KEGLIGENT INFLlCTIOK OF EMOTIONAL \nDISTRESS. \nnient (nee-ent). [Law French] Not; nothing. \nnient culpable (nee-ent bl-pd-bdl), n. [Law French] \nHist. A general plea of\"not guilty\" in a tort or criminal \naction. \n'When the prisoner hath thus pleaded not gUilty, non cui \npabilis, or nient culpable; which was formerly used to be \nabbreviated upon the minutes, thus, 'non (or nient) cui.' \nthe clerk of the assise, or clerk of the arraigns, on behalf \nof the crown replies, that the prisoner is guilty, and that \nhe is ready to prove him so.\" 4 William Blackstone, Com \nmentaries on the Laws ofEngland 333 (l769). \nnient dedire (nee-ent dd-deer), vb. [Law French] Hist. To \ndeny nothing; to be subject to a default judgment. \nnient Ie fait (nee-ent Id fay). [Law French] Hist. Not the \ndeed. This term was the earlier version of non est \nfactum. See NON EST FACTUM. \nnient seisi (nee-ent see-zee), n. [Law French \"not \nseised\"] Hist. The general denial in a writ to recover \nan annuity. \nNIFL. abbr. NATIONAL INSTI1TTE FOR LITERACY. \nNIFO (m-foh). abbr. NEXTIN, FIRST-OUT. \nnight. (bef. 12c) 1. The time from sunset to sunrise. 2. \nDarkness; the time when a person's face is not discern\nible. This definition was used in the common-law \ndefinition ofcertain offenses, such as burglary.lCases: \nBurglary \n''The definition of a burglar, as given by Sir Edward Coke, \nis, 'he that by night breaketh and entereth into a mansion \nhouse, with intent to commit a felony.' ... The time must \nbe by night, and not by day; for in the daytime there is no \nburglary .... As to what is reckoned night, and what day, \nfor this purpose anciently the day was accounted to begin \nonly at sunrising, and to end immediately upon sunset; but \nthe better opinion seems to be, that if there be daylight ... \nenough, begun or left, to discern a man's face withal, it is \nno burglary. But this does not extend to moonlight; for \nthen many midnight burglaries would go unpunished: and \nbesides, the malignity of the offence does not so properly \narise from its being done in the dark, as at the dead of \nnight when all the creation, except beasts of prey, are at \nrest; when sleep has disarmed the owner, and rendered his \ncastle defenceless.\" 4 William Blackstone, Commentaries \non the Laws of England 224 (1769). \n3. Thirty minutes after sunset and thirty minutes before \nsunrise, or a similar definition as set forth by statute, as \nin a statute requiring specific authorization for night \nsearches. 4. Evening. -Also termed nighttime. Cf. \nDAY. \nnightwalker. 1. Hist. A person who suspiciously wanders \nabout at night and who might disturb the peace. \nNightwalking was an example of a \"common\" offense \nrequiring no specific facts to be asserted in the indict\nment. 2. A prostitute who walks the streets at night; \nstreetwalker. [Cases: Prostitution C~~10.] 3. A sleep\nwalker. \nnihil. See NIHIL EST. \n\n1144 nihil capiat per breve \nnihil capiat per breve (m-hil kap-ee-;lt p;lr bree-vee or \nbreev), n. [Latin \"Let him take nothing by his writ\"] A \njudgment against the plaintiff in an action at bar or in \nabatement. Also termed nihil capiat per billam (\"let \nhim take nothing by his bill\"). \nnihil dicit (m-hil dI-sit), n. [Latin \"he says nothing\"] 1. \nThe failure ofa defendant to answer a lawsuit. [Cases: \nJudgment C=:> 106.] 2. See nil dicit default judgment \nunder DEFAULT JUDGMENT. \nnihil dicit default judgment. See nil dicit default \njudgment under DEFAULT JUDGMENT. \nnihil est (m-hil est). [Latin \"there is nothing\"] A form of \nreturn by a sheriff or constable who was unable to serve \na writ because nothing was found to levy on. Often \nshortened to nihil. Cf. NULLA BONA. \nnihil habet (m-hil hay-b<Jt). [Latin \"he has nothing\"] A \nform of return by a sheriff or constable who was unable \nto serve a scire facias or other writ on the defendant. \nSee SCIRE FACIAS. \nnihilism (m-;ll-iz-;}m or nee-). (1812) 1. A doctrine \nmaintaining that there is no rational justification for \nmoral principles and that there is no objective truth. \n2. The view that traditional beliefs are unfounded and \nthat life is meaningless and useless. 3. A theory that \nthe existing economic, social, or political institutions \nshould be destroyed, regardless of the result, because \nof the basic undesirabilitv of those institutions . This \ntheory, featured by Ivan' Turgenev in his 1861 novel \nFathers and Sons, was popular among Russian extrem\nists until the collapse ofthe czarist government. \nnihilist, n. A person who advocates nihilism. See \nNIHILISM. \nnihil novit (m-hil noh-vit). [Law Latin] Scots law. He \nknew nothing . The phrase appeared in reference to a \ndefendant's oath denying any knowledge ofthe matter \nin issue. \n\"[AJ defender may swear that he knows nothing of the \nmatter referred, and so obtain absolvitor; but such an \nanswer would not avail any defender in regard to a factum \nproprium. In regard to such a matter, an answer of nihil \nnovitwould, in the general case, be regarded as simply an \nevasion, and be treated as an admission of the debt.\" John \nTrayner, Trayner's Latin Maxims 387 (4th ed. 1894). \nnikah. Islamic law. A prenuptial contract, witnessed by \nat least two men, recording the parties' mutual agree\nment to marry, the husband's promise to give his wife \na certain sum ofmoney or property, and pOSSibly other \nterms about the parties' rights in and expectations from \nthe marriage . The contract may be enforceable under \ngeneral contract-law principles. Also termed nikah \nnama. Cf. MAHR. \nnil (nil). [Latin] (16c) Nothing . This word is a con\ntracted form ofnihil. See NIHIL EST. \nnil debet (nil deh-;}t). [Latin \"he owes nothing\"] Hist. A \ngeneral denial in a debt action on a simple contract. \n\"The proper general issue in debt on simple contracts \nand statutes is 'nil debet,' which is a formal denial of the \ndebt. It denies not only the existence of any contract, but \nunder it any matters in excuse or in discharge may also be shown.\" Benjamin J. Shipman, Handbook ofCommon Law \nPleading  184, at 327 (Henry Winthrop Ballantine ed., 3d \ned. 1923). \nnil dicit default judgment. See DEFAULT JUDGMENT, \nnil habuit in tenementis (nil hab-yoo-it in ten-<l-men\ntis), n. [Law Latin \"he has nothing in the tenements\"] \nHist. In an action to recover rent on a lease, the defen\ndant's plea that the landlord has no title or interest in \nthe property at issue. \nnilligatum (nilii-gay-t;}m). [Latin \"nothing is bound\"] \nNo obligation has been incurred. \nNIMA. abbr. NATIONAL IMAGING AND MAPPING \nAGENCY. \nnimble dividend. See DIVIDEND. \nnimmer. (14c) A petty thief; pilferer; pickpocket. \n1908 Berlin Act. See BERLIN ACT. \n1909 Copyright Act. See COPYRIGHT ACT OF 1909. \n1971 Paris Act of the Berne Convention, See BERNE \nPARIS ACT. \n1976 Copyright Act. See COPYRIGHT ACT OF 1976. \nNineteenth Amendment. lhe constitutional amend\nment, ratified in 1920, providing that a citizen's right to \nvote cannot be denied or abridged by the United States, \nor by any state within it, on the basis of sex. Also \ntermed Women's Suffrage Amendment. [Cases: Elec\ntions'~13.] \n1933 Act. See SECURITIES ACT OF 1933. \n1934 Act. See SECURITIES EXCHANGE ACT OF 1934. \nninety-day letter. (1933) Statutory notice of a tax defi\nciency sent by the IRS to a taxpayer . During the 90 \ndays after receiving the notice, the taxpayer must pay \nthe taxes (and, if desired, seek a refund) or challenge \nthe defiCiency in tax court. IRC (26 USCA)  6212, \n6213. -Also written 90-day letter. Also termed \nnotice ofdeficiency; deficiency notice; tax-deficiency \nnotice. Cf. THIRTY-DAY LETTER. [Cases: Internal \nRevenue C=:>'4542.j \nNINJA loan. See LOAN. \nNinth Amendment. The constitutional amendment, \nratified with the Bill of Rights in 1791, providing that \nrights listed in the Constitution must not be construed \nin a way that denies or disparages unlisted rights, which \nare retained by the people. [Cases: Constitutional Law \nC=:>1070.] \nnisi (nI-sI), ad). [Latin \"unless\"] (18c) (Of a court's ex \nparte ruling or grant of relief) haVing validity unless \nthe adversely affected party appears and shows cause \nwhy it should be withdrawn <a decree nisi>. See decree \nnisi under DECREE. [Cases: Motions \nnisi aliud convenerit (m-sl ay-Iee-<ld k;ln-ven-;}r-it). \n[Latin] Hist. Unless it has been otherwise agreed; unless \nsomething else has been agreed to. \nnisi decree. See decree nisi under DECREE. \nnisi feceris (m-sl fee-sCl-ris), n. [Law Latin \"unless \nyou have done so\"] Hist. A clause in a manorial writ \n\nproviding that the king's court or officer will do justice \nifthe lords fail.  This provision allowed royal courts to \nusurp the jurisdiction of manorial courts. \nnisi malitia suppleat aetatem (m-51 m<)-lish-ee-<} S<Jp\nlee-at ee-tay-t<}m). [Latin] Roman & Scots law. Unless \nmalice supplies want ofage. A child under the age of \npuberty was presumed to lack the necessary intent to \ncommit a crime unless an evil intent was specifically \nshown. \nnisi prius (m-sl PrI-<}s). [Latin \"unless before then\"] (16c) \nA civil trial court in which, unlike in an appellate court, \nissues are tried before a jury. The term is obsolete in \nthe United States except in New York and Oklahoma. \nAbbr. n.p. Also termed nisi prius court. \nnisi prius clause. An entry to the record authorizing a \njury trial in the designated county. See NISI PRIUS. \nnisi prius court. See NISI PRIUS. \nnisi prius record. A civil-trial record. See RECORD (4). \nnisi prius roll. The transcript of a case at nisi prius. \nAlso termed nisi prius record. \nNIST. abbr. National Institute ofStandards and Technol\nogy. See TECHNOLOGY ADMINISTRATION. \nnitroglycerine charge. See ALLEN CHARGE. \nnixie. [fr. German nichts \"nothing\"] 1. A piece of mail \nthat cannot be delivered, usu. because the addressee is \nfictitious or the address is incorrect. 2. Hist. An unde\nliverable piece ofmail created by a postal inspector for \nthe purpose of discovering interference with mail pro\ncessing and delivery. Also termed nix; nixey. \nn.l. abbr. NON LIQUET. \nNLRA. abbr. NATIONAL LABOR RELATIONS ACT. \nNLRB. abbr. NATIONAL LABOR RELATIONS BOARD. \nNMB. abbr. NATIONAL MEDIATION BOARD. \nNMFS. abbr. NATIONAL MARINE FISHERIES SERVICE. \nNMI. abbr. No middle initiaL \nNMN. abbr. No middle name. \nNOA. abbr. Slang. 1. No oral argument . This notation \nis used esp. in an appellate case in which oral argument \nis not granted <since the case was NOA, the court relied \nexclusively on the briefs>. 2. See NOTICE OF APPEAR\nANCE. \nNOAA. abbr. NATIO:NAL OCEANIC AND ATMOSPHERIC \nADMINISTRATION. \nno-action clause. An insurance-policy provision that \nbars suit against the insurer until the liability of the \ninsured has been determined by a judgment. [Cases: \nInsurance C-~3549(4).] \nno-action letter. (1959) A letter from the staff of a gov\nernmental agency stating that ifthe facts are as repre\nsented in a person's request for an agency ruling, the \nstaff will advise the agency not to take action against \nthe person . Typically, a no-action letter is requested \nfrom the SEC on such matters as shareholder proposals, resales ofstock, and marketing techniques. [Cases: \nSecurities Regulation C=>81.] \nno actus reus (noh ak-t<}s ree-<}s). A plea in which a \ncriminal defendant either denies involvement with a \ncrime or asserts that the harm suffered is too remote \nfrom the criminal act to be imputable to the defen\ndant. \nno-answer default judgment. See DEFAULT JUDGMENT. \nno arrival, no sale. A delivery"}
{"text": "the defen\ndant. \nno-answer default judgment. See DEFAULT JUDGMENT. \nno arrival, no sale. A delivery term, included in some \nsales contracts, by which the seller assumes the duty to \ndeliver the goods to a specifIed place, and assumes the \nrisk ofloss for the goods while they are in transit.  If \nthe goods arrive damaged or late, the buyer can either \navoid the contract or accept the goods at a discount. \n[Cases: Sales C=>201(2).) \nno award. In an action to enforce an award, the defen\ndant's plea denying that an award was made. \nnobile officium (noh-b<}-lee a-fish-ee-am), n. [Latin \n\"noble office or privilege\"] Scots law. The power of a \nsuperior court, the Court of Session, or the High Court \nto give equitable relief when none is possible under \nlaw. \nnobility, n. pl. (14c) 1. Persons ofsocial or political pre\neminence, usu. derived by inheritance or from the sov\nereign . In English law, there are various degrees of \nnobility, or peerage, such as dukes, marquises, earls, \nviscounts, and barons, and their female counterparts. \nNobility is generally created either by a writ ofsummons \nto sit in Parliament or by a royal grant through letters \npatent, and was once usu. accompanied by a large land \ngrant. Nobility by writ descended to a person's bodily \nheirs. The modern practice is to grant nobility by letters \npatent, which provide limitations as to future heirs. The \nU.S. Constitution prohibits granting a title ofnobility. \nU.S. Const. art. I,  9, cl. 8. \n\"In England nobility is apt to be confounded with the \npeculiar institution of the British peerage. Yet nobility, in \nsome shape or another, has existed in most places and \ntimes or the world's history, while the British peerage is \nan institution purely local, and one which has actually \nhindered the existence of a nobility in the sense which the \nword bears in most other countries ..... Nobility, then, \nin the strict sense of the word, is the hereditary handing \non from generation to generation of some acknowledged \npre-eminence, a pre-eminence founded on hereditary suc\ncession, and on nothing else, .... The pre-eminence so \nhanded on may be of any kind, from substantial political \npower to mere social respect and precedence.\" 17 Encyclo\npaedia Britannica 538 (9th ed. 1907). \n2. Persons ofhigh or noble character. 3. Ihe collective \nbody of persons making up the noble class. \nno bill, n. (18c) A grand jury's notation that insuffi\ncient evidence exists for an indictment on a criminal \ncharge <the grand jury returned a no bill instead ofthe \nindictment the prosecutors expected>. <the grand jury \nno-billed three of the charges>. Cf. TRUE BILL. [Cases: \nGrand Jury C=>42.) -no-bill, vb. \nno-bonus clause. Landlord-tenant law. A lease provi\nsion that takes effect upon governmental condemna\ntion, limiting the lessee's damages to the value of any \n\nimprovements to the property and preventing the lessee \nfrom recovering the difference between the lease's fixed \nrent and the property's market rental value. See CON\nDEMNATION. [Cases: Eminent Domain 147.] \nno cause of action. See take-nothing judgment under \nJUDGMENT. \nnocent (noh-s;mt), adj. Ifr. Latin nocere \"harm\"] Archaic. \n1. Injurious; harmful. 2. Guilty; criminal. -This word \nis the little-used antonym ofinnocent. \nnocent (noh-s;mt), n. [fro Latin nocere \"harm\"] Hist. A \nperson who is guilty. \nno-claim, n. The lack of a claim. _ Legal philosophers \ndevised this term to denote the opposite of a claim. As \none jurisprudent has said apologetically, \"there is no \nword in English which expresses the lack of a claim \nand therefore the rather barbarous 'no-claim' has been \nsuggested.\" George Whitecross Paton, A Textbook of \nJurisprudence 291 (GW. Paton &David P. Derham eds., \n4th ed. 1972). \nno-confidence vote. (1840) The formal legal method by \nwhich a legislative body, by a majority vote, forces the \nresignation of a cabinet or ministry. -Also termed \nvote ofno confidence. \nno-contact order. See STAY-AWAY ORDER. \nno contest. (1931) A criminal defendant's plea that, while \nnot admitting guilt, the defendant will not dispute the \ncharge. -This plea is often preferable to a guilty plea, \nwhich can be used against the defendant in a later civil \nlawsuit. -Also termed no-contest plea; nolo conten\ndere; non vult contendere. [Cases: Criminal Law Cr~ \n275.] \nno-contest clause. (1929) A provision designed to \nthreaten one into action or inaction; esp., a testamen\ntary provision that threatens to dispossess any ben\neficiary who challenges the terms of the will. Also \ntermed in terrorem clause; nonconiest clause; terrorem \nclause; anticontest clause;forfeiture clause. [Cases: Wills \n656.] \nnoctanter (nok-tan-tJr), n. [Latin \"by night\"] Hist. A \nchancery writ issued to a sheriff as a first step in the \nrecovery ofdamages for destroying a ditch or hedge. \nThe neighboring villagers (vilIs) were held liable for the \ndamages unless they indicted the offender. \nnoctem defirma (nok-tJm dee f .. r-m;), n. [Law Latin \n\"night of duty (payable)\"] Hist. The duty or custom of \nproviding entertainment or provisions for a night. -At \nthe time ofthe Norman Conquest, this was the duty or \ncustom of entertaining the king for one night. Also \ntermed noctes;firma noctis. \nnocumentum (nok-YJ-men-tJm). [fro Latin nocere \"to \nharm\"] Hist. A nuisance. -There was no remedy at law \nfor a nuisance causing only property damage, but there \nwas a remedy for a nuisance causing injury. \nno cure, no pay. Maritime law. The common-law prin\nciple that compensation for salvage must come from the \nmaterial salvaged, and that if no material is salvaged \nthere can be no compensation. -By contrast, civil-law tradition awards compensation even for a failed effort. \nCf. ASSISTANCE. [Cases: Salvage e:-~)36.] \nno-doc loan. See LOAN. \nno-duty, n. Liberty not to do an act. Also termed \nliberty not. \nno-duty doctrine. (1966) Torts. l. The rule that a defen\ndant who owes no duty to the plaintiff is not liable for \nthe plaintiff's injury. 2. The rule that the owner or pos\nsessor ofproperty has no duty to warn or protect an \ninvitee from known or obvious hazards. [Cases: Neg\nligence 1037(4).] \nNoerr-Pennington doctrine. (1967) The principle that \nthe First Amendment shields from liability (esp. under \nantitrust laws) companies that join together to lobby \nthe government. -'Ihe doctrine derives from a line \nof Supreme Court cases beginning with Eastern R.R. \nPresidents Conference v. Noerr Motor Freight, Inc., 365 \nU.S. 127,81 S.Ct. 523 (1961), and United Mine Workers \nv. Pennington, 381 U.S. 657, 85 S.Ct. 1585 (1965). [Cases: \nAntitrust and Trade Regulation (;=;905; Civil Rights \n1374; Constitutional Law (;=> 1437.] \nno evidence. (15c) 1. 'Ihe lack of a legally sufficient evi\ndentiary basis for a reasonable fact-finder to rule in \nfavor ofthe party who bears the burden ofproof <there \nis no evidence in the record about his whereabouts at \nmidnight>. _ Under the Federal Rules of Civil Proce\ndure, a party can move for judgment as a matter oflaw \nto claim that the other party -who bears the burden \nofproof -has been fully heard and has not offered suf\nficient evidence to prove one or more essential elements \nofthe suit or defense. Fed. R. Civ. P. 50. Though such a \ncontention is usu. referred to as a no-evidence motion, \nthe issue is not whether there was actually no evidence, \nbut rather whether the evidence was sufficient for the \nfact-finder to be able to reasonably rule in favor of the \nother party. [Cases: Evidence (:=>597; Federal Civil \nProcedure (;='2142.1.] \n\"Since judgment as a matter of law deprives the party \nopposing the motion of a determination of the facts by a \njury, it should be granted cautiously and sparingly. Never\ntheless. the federal courts do not follow the rule that a scin \ntilla of evidence is enough to create an issue for the jury. \nThe question is not whether there is literally no evidence \nupon which the jury properly could find a verdict for that \nparty.\" 9A Charles Alan Wright & Arthur Miller, Federal \nPractice and Procedure  2524, at 252-54 (2d ed. 1995). \n2. Evidence that has no value in an attempt to prove \na matter in issue <that testimony is no evidence ofan \nalibi>. \nno-eyewitness rule. (1956) Torts. The largely defunct \nprinciple that if no direct evidence shows what a dead \nperson did to avoid an accident, the jury may infer \nthat the person acted with ordinary care for his or her \nown safety. -In a jurisdiction where the rule persists, \na plaintiff in a survival or wrongful-death action can \nassert the rule to counter a defense of contributory neg\nligence. [Cases: Death ~58(1).] \nno-fault, adj. (1967) Of or relating to a claim that is \nadjudicated without any determination that a party is \n\n1147 nomen transcripticium \nblameworthy <no-fault divorce>. [Cases: Divorce \n12.] \nno-fault auto insurance. See INSURANCE. \nno-fault divorce. See DIVORCE. \nno funds. An indorsement marked on a check when \nthere are insufficient funds in the account to cover the \ncheck. \nno-further-representation clause. A contractual provi\nsion, usu. in a settlement agreement, prohibiting the \nplaintiff's attorney from representing future clients \nwho have the same or a similar claim against the defen\ndant. _ Such a clause is thought to be void as against \npublic policy. \n\"If your standard settlement papers include a clause pro \nhibiting opposing counsel from representing future clients \nwith the same claim, you're violating ethics rules. Typically \na defendant's tool, this provision ~known as a nofurther \nrepresentation clause ~is popular in class action and mass \nproductliability settlements. But a littleknown ethics rule \nprohibits lawyers from agreeing, or even offering to agree, \nto a restriction on an attorney's right to practice law.\" Leslie \nA. Gordon, Prohibited Provisions: NofurtherRepresentation \nClauses May Be Advantageous, but They're Also Unethical, \n91 ABAJ. 18, 18 (Apr. 2005). \nno goods. See NULLA BONA. \nNOIBN. abbr. NOT OTHERWISE INDEXED BY NAME. \nno-knock search. See SEARCH. \nno-knock search warrant. See SEARCH WARRANT. \nNOL. See net operating loss under LOSS. \nNolan Act. Hist. Patents. A statute, passed after World \nWar I, that extended the U.S. patenting deadlines for \ncitizens offormer enemy nations. - A similar measure, \nthe Boykin Act, was passed after World War II. \nnolens volens (noh-Ienz voh-lenz), adv. & adj. [Latin] \n(16c) Willing or unwilling <nolens volens, the school \ndistrict must comply with the court's injunction>. \nno-limit order. See ORDER (8). \nnolissement (nd-lis-mahn), n. [French] French law. The \nchartering of a ship; AFFREIGHTMENT. \nnolition (noh-lish-dn). (17c) 1he absence of volition; \nunwillingness. \nnolle prosequi (nahl-ee prahs-d-kwI), n. [Latin \"not to \nwish to prosecute\"] (17c) 1. A legal notice that a lawsuit \nor prosecution has been abandoned. [Cases: Pretrial \nProcedure C=>511.] 2. A docket entry showing that \nthe plaintiff or the prosecution has abandoned the \naction. -Often shortened to nolle. [Cases: Criminal \nLaw C=>303.5-303.35.] \n\"In America the term [nolle prosequi] bears the same \nmeaning as in England, with one exception. The attorney \ngeneral has not the same discretion with which English \nlaw invests him. Although in some States the prosecuting \nofficer may enter a nolle prosequi at his discretion, in others \nthe leave of the court must be obtained.\" 17 Encyclopaedia \nBritannica 546 (9th ed. 1907). \n\"Nolle prosequi is a formal entry on the record by the \nprosecuting officer by which he declares that he will not \nprosecute the case further, either as to some of the counts \nof the indictment, or as to part of a divisible count, or as to some of the persons accused. or altogether. It is a \njudicial determination in favor of accused and against his \nconViction, but it is not an acquittal, nor is it equivalent to \na pardon.\" 22A c.J.S. Criminal Law  419, at 1 (1989). \nnolle prosequi (nahl-ee prahs-a-kwI), vb. (1875) To \nabandon (a suit or prosecution); to have (a case) dis\nmissed by a nolle prosequi <the state nolle prosequied \nthe charges against Johnson>. Often shortened to \nnolle pros; nol-pros; nol-pro. [Cases: Criminal Law C=> \n3"}
{"text": "ened to \nnolle pros; nol-pros; nol-pro. [Cases: Criminal Law C=> \n303.5-303.35; Pretrial Procedure C=>50l.l \nno-load fund. See MUTUAL FUND. \nnolo contendere (noh-loh kan-ten-dd-ree). [Latin \"1 do \nnot wish to contend\"] (1829) NO CONTEST. -Often \nshortened to nolo. [Cases: Criminal Law \nnolo plea, See PLEA (1). \nno man's land. Labor law. The lack of clear jurisdiction \nbetween a state government and the federal govern\nment over labor disputes. -This term was common \nin the 1950s, but its use has declined as later laws have \nclarified jurisdictional issues. \nNOM clause. abbr. NO-ORAL-MODIFICATION CLAUSE. \nnomen (noh-men or -m,m), n. [Latin]l. Roman law. A \npersonal name. _ A Roman citizen generally had three \nnames: a praenomen (\"first name\"), a nomen (\"the name \nofthe family group\"), and cognomen (\"a surname\"). 2. \nHist. A person's first name. 3. More broadly, any name. \nP!. nomina. See AGNOMEN. \nnomen collectivum (noh-men kol-\"k-tl-vam). [Latin] A \ncollective name; a name of a class of things. \nnomen generale (noh-men jen-a-ray-lee). [Latinl A \ngeneral name; a genus. \nnomen generalissimum (noh-men jen-a-r\"-lis-i-m,,m). \n[Law Latin] A name with the most general meaning. \n\"Nomen generalissimum. A very general name: a compre' \nhensive term. Such are the terms crime, demand, draft, \nestate, goods, grant, heir, house, instrument, interest, land. \nmerchandise, obligation, offense.\" William C. Anderson, A \nDictionary of Law 711 (1889). \nnomen juris (noh-men joor-is). [Latin] A legal name \nor designation. \nnomen universitatis (noh-men yoo-ni-v\"r-s,,-tay-tis). \n[Latin] Hist. The name of the whole together. \n'Thus the name Barony is, in our law, a nomen universitatis, \nfor it includes not only the lands over which the rights of \nbarony extend, but also the rights competent to the owner \nof the barony themselves.\" John Trayner, Travner's Latin \nMaxims 390 (4th ed. 1894). \nnomen transcripticium (noh-men tran-skrip-tish\nee-am). [Latin \"entry (in an account) transferred\"] \nRoman law. A creditor's entry of a money debt into \na new account (expensilatio) after closing another \naccount, thereby creating, with the debtor's permission, \na literal contract from an existing obligation, which \nmayor may not have been enforceable. PI. nomina \ntranscripticia. \n'The subject will, perhaps, become clearer by examples: ... \nA has in the past had dealings by way of sale, exchange, \netc., with B, of which an account appears in his codex \nshowing a balance against B for 500 aurei. A, with B's \n\n1148 no-merit brief \nconsent, closes this account by a statement on the opposite \npage (contrary to fact) that B has paid the aurei ... and \nopens a new account with the statement (contrary to strict \nfact) that he has advanced to B the sum of 500 aurei. Hence \nthe expensi!atio represents a nomen transcripticium; a \nnomen (debt) has been transferred from one account to \nanother .... In effect the old contracts between A and B \nhave been novated, i.e. extinguished, one single obligation \nhaving been substituted in their place; obViously a course \nwhich offered many advantages to both parties, as it sim \nplified the accounts, and saved disputes about the previous \ntransactions.\" R.W. Leage, Roman Private Law 317-18 (CH. \nZieglered., 2d ed. 1930). \nno-merit brief. See Anders brief under BR I EF. \nnomina debitorum (nahm-;:l-n;:l deb-i-tor-;:lm). [Latin \n\"entries (in a ledger) ofnames of debtors\"] Roman law. \nRecords of debt See NOMEN TRANSCRIPTICIUM. \nnominal (nahm-<l-n<ll), adj, (l7c) 1. Existing in name only \n<he was the nominal leader but had no real authority>. \n2. (Of a price or amount) trifling, esp, as compared to \nwhat would be expected <the lamp sold for a nominal \nprice of ten cents>. 3. Of or relating to a name or term \n<a nominal definition>, nominally, adv, \nnominal account. See ACCOUNT. \nnominal asset. See ASSET, \nnominal capital. See CAPITAL. \nnominal consideration. See CONSIDERATION (1). \nnominal damages. See DAMAGES, \nnominal defendant. See nominal party under PARTY \n(2). \nnominal director. See dummy director under DIRECTOR. \nnominal partner. See PARTNER. \nnominal party. See PARTY (2). \nnominal-payee rule. Commercial law. The rule that vali\ndates any person's indorsement of an instrument (such \nas a check) when the instrument's drawer intended for \nthe payee to have no interest in the instrument. UCC \n 3-404(b). [Cases: Banks and Banking 147, 174; \nBills and Notes 182,279.] \nnominal plaintiff. See nominal party under PARTY (2). \nnominal rate. See INTEREST RATE. \nnominal sentence. See SENTENCE. \nnominal trust. See passive trust under TRUST. \nnominal value. See PAR VALUE. \nnominal yield. See coupon yield under YIELD. \nnominandus (nahm-;l-nan-d;:ls). [Latin] Scots law. To be \nnamed. eThe phrase usu. referred to an heir whom the \nentailer had the right to name ifthat right was reserved \nin the deed of entail. See ENTAIL. \nnominate (nom-;l-n;:lt), adj. Civil law. Classified; having \na special name or designation. See nominate contract \nunder CONTRACT. \nnominate, vb. (16c) 1. To propose (a person) for election \nor appointment <Steven nominated Jane for president>. \n[Cases: Elections 122-147; Officers and Public \nEmployees ~~8.] 2. To name or deSignate (a person) for a position <the testator nominated an executor, who \nlater withdrew because he couldn't perform his duties>. \n[Cases: Executors and Administrators 17(7).] \nnominate action. See ACTION (4). \nnominate contract. See CONTRACT. \nnominatim (nah-mi-nay-tam), adv. [fro Latin nomen \n\"name\"] Roman law. By name . This term refers to \nmentioning someone or something expressly by name \nor by specific description, so that (for example) to dis\ninherit persons nominatim means that there is no doubt \nwho is meant to be excluded. \nnominating and reducing. Hist. A method used, esp. in \nLondon, to obtain special jurors from which to select a \njury panel.  Under this method, a number represent\ning each person on a sheriff's list is drawn from a box \nuntil 48 unchallenged people have been nominated. \nEach party then strikes 12 people and the remaining \n24 constitute the panel. \nnominating committee. See COMMITTEE. \nnominatio auctoris (nah-mi-nay-shee-oh awk-tor-is). \n[Latin \"naming of the originator (or seller),,] 1. In an \naction for the recovery ofsomething, such as real estate, \nthe defendant's plea that the property is actually owned \nby another party . 'Ihe true owner is then required to \ndefend the action. 2. Roman law. In an action alleging \nownership of an item, the defendant's plea naming \nthe seller, who then must assist in the defense of the \naction against the plaintiff. Also termed laudare \nauctorem. \nnomination.(ISc) 1. The act of proposing a person for \nelection or appointment. [Cases: Elections (;:=> 122\n140.J 2. The act of naming or designating a person for \nan office, membership, award, or like title or status. e \nUnder parliamentary law, each nomination is effec\ntively a proposal for filling the blank in the question, \n\"Resolved, That ---is elected.\" See BLANK (2). See \nCLOSE NOMINATIONS; OPEN NOMINATIONS. \nnomination paper. (usu. pl.) A document filed by an \nindependent political group -usu. one not qualifying \nas a politicaJ party or able to hold primary elections \nto place one or more nominees on a general-election \nballot. [Cases: Elections \nnomination to a living. Eccles. law. The right of an \nadvowson owner to present a clerk to the bishop for \ninduction to a benefice. e lhe owner ofan advowson \ncan grant the right to another but is then bound to \npresent whomever the grantee chooses. \nnominativus pendens (nahm-d-n;:l-tI-V;:lS pen-denz), n. \n[Latin \"nominative hanging\"] In a sentence, a nomina\ntive phrase that is not grammatically connected with \nthe rest of the sentence. Also termed nominative \nabsolute. \n\"Nominativus pendens .... The opening words in the form \nof a deed inter partes ('This deed,' etc., down to 'whereas'), \nthough an intelligible and convenient part of the deed, \nhaving regard to the predicate 'witnesseth' or 'nor this \ndeed witnesseth: are sometimes of this kind.\" William A. \nJowitt, The Dictionary of English Law 1230 (1959). \n\nnomina villarum (nahm-.:>-n.:> vi-Iair-.:>m), n. [Latin ! nomographer (n<l-mog-rd-f';}r). (17c) l. A person who \n\"names of the villages\"] Hist. In the reign of Edward \nII, a list compiled by sheriffs of the names ofthe villages \nand possessors in their respective counties. \nnomine (nahm-.:>-nee), adv. [fro Latin nomen \"name\"] \nRoman law. 1. By name; under the name of, as in sine \nnomine edere librum (\"to publish [a book] anony\nmously\"). 2. On behalf of, as in proprio (mo) nomine \n(\"on one's own behalf\"). \nnomine albae firmae (nahm-d-nee ai-bee fOlr-mee), adv. \n[Law Latin] Scots law. In name of blench farm . The \nphrase appeared in reference to one of the tenures by \nwhich lands were held for only a nominal sum (such as \na penny) from the superior. \nnomine damni (nahm-d-nee dam-nIl, adv. [Latin] Scots \nlaw. By way ofdamage. A person was requi red to pay \ninterest nomine damni. \nnomine dotis (nahm-<l-nee doh-tis), adv. [Latin] Scots \nlaw. By way ofdowry. \nnominee (nom-i-nee), n. (17c) 1. A person who is \nproposed for an office, membership, award, or like \ntitle or status. An individual seeking nomination, \nelection, or appointment is a candidate. A candidate \nfor election becomes a nominee after being formally \nnominated. See CANDIDATE. 2. A person designated \nto act in place of another, usu. in a very limited way. \n3. A party who holds bare legal title for the benefit of \nothers or who receives and distributes funds for the \nbenefit of others. \nnominee account. See ACCOUNT. \nnominee trust. See TRUST. \nnomine feudifirmae (nahm-<l-nee fyoo-di-br-mee). \n[Law Latin] Scots law. In name offeu-farm; on account \noflands held in feu. See FEU. \nnomine poenae (nahm-<l-nee pee-nee), n. [Latin \"in the \nname ofpenalty\"]l. Civil law. A clause in a testament \nrequiring the heir to do something by way ofpenalty. 2. \nAt common law, a penalty for nonperformance, such as \nadditional rent to be paid by a tenant to a landlord for \nfailing to perform certain conditions in a lease. \nnominis receptio (nahm-<l-nis ri-sep-shee-oh). [Latin] \nRoman law. A presiding judge's registering of an \naccused person's name in the rolls ofa criminal court. \n This registration was essential for the case to be tried. \nThe day fixed for a criminal trial was ordinarily ten \ndays after the nominis receptio. \nnomocanon (n<l-mok-<)-non or noh-md-kan-<ln). (1908) \n1. A collection ofcanon and imperial laws applicable to \necclesiastical matters in the orthodox churches . The \nfirst nomocanon is falsely ascribed to Johannes Scholas\nticus, patriarch ofConstantinople, in 553. Later canons \nconsist primarily of the canons of the Quinisext and \nthe ecclesiastical laws ofJustinian. 2. A collection ofthe \nancient canons of the apostles, councils, and fathers, \nwithout regard to imperial constitutions. \nnomogenetics. See COMPARATIVE NOMOGENETICS. drafts laws. 2. A person skilled in nomography. \nnomography (n<)-mog-r<)-fee). (1832) 1. The art of \ndrafting laws. 2. A treatise on the drafting of laws. \nnomoscopy. See COMPARATIVE NOMOSCOPY. \nnomothete (noh-m<l-theet), 11. [fro Greek nomos \"law\" + \nthetes \"a person who prescribes\"] Hist. A lawgiver. \nAlso spelled nomotheta. \n\"It was [in ancient Greek law] provided that all motions to \nrepeal or amend an existing law should be brought before \nthe ecclesia or general meeting of citizens, at the beginning \nof the year. They might be then and there rejected; but if \na motion was received favorably, the ecclesia appointed a \nbody of nomothetes,"}
{"text": "They might be then and there rejected; but if \na motion was received favorably, the ecclesia appointed a \nbody of nomothetes, sometimes as many as a thousand in \nnumber, before whom the proposal was put on trial accord\ning to the regular forms of Athenian judicial procedure. A \nmajority vote of the nomothetes was decisive for accep\ntance or rejection.\" 5 Century Dictionary and Cyclopedia \n4011 (1895). \nnomothetics. See COMPARATIVE NOMOTHETICS. \nnon (non). [Latin] (l4c) Not; no. This term negates, \nsometimes as a separate word and sometimes as a \nprefix. \nnonability. (17c) 1. The lack oflegal capacity, esp. to sue \non one's own behalf. 2. A plea or exception raising a \nlack oflegal capacity. \nnonacceptance. (17c) 1. The refusal or rejection ofsome\nthing, such as a contract offer; REJECTION (1). 2. A \nbuyer's rejection ofgoods because they fail to conform \nto contractual specifications. See UCC  2-601(a). \n[Cases: Sales (;:::; 119, 179(6).] 3. A drawee's failure or \nrefusal to receive and pay a negotiable instrument. \n[Cases: Bills and Notes C:::>24.J \nnon acceptavit (non ak-sep-tay-vit). [Latin \"he did not \naccept\"] In an assumpsit action against the acceptor of \na bill ofexchange, the defendant's plea denying accep\ntance ofthe bilL \nnonaccess. Family law. (17c) Absence of opportunity \nfor sexual intercourse . Nonaccess is often used as \na defense by the alleged father in paternity cases. Cf. \nmultiple access under ACCESS. [Cases: Children Out\nof-Wedlock (;:::;43,46,50,53.] \nnon accrevit infra sex annos (non <l-kree-vit in-fr<l seks \nan-ohs), n. [Latin \"it did not accrue in six years\"] Hist. \nThe general pleading form for the statute-of-limitations \ndefense . \nnonacquiescence (non-ak-wee-eS-dnts). Administrative \nlaw. An agency's policy of declining to be bound by \nlower-court precedent that is contrary to the agency's \ninterpretation of its organic statute, but only until the \nSupreme Court has ruled on the issue. \n\"Too much nonacquiescence, however, would interfere with \nthe courts' ability to prevent an agency from violating its \nstatutory mandate. The practice is generally upheld, but \nis considered questionable when an agency adheres to its \nlegal pOSition in a case that could only be reviewed in a \ncircuit that has already rejected the agency's stance. When \nthe Social Security Administration made frequent use of the \nlatter kind of nonacquiescence in the administration of its \ndisability benefits program in the 1980's, it was widely erit\n\n1150 nonactuarially sound retirement system \nicized.\" Ernest Gellhorn & Ronald M. Levin, Administrative \nLaw and Process in a Nutshell 98 n.2 (4th ed. 1997). \nnonactuarially sound retirement system. A retirement \nplan that uses current contributions and assets to pay \ncurrent benefit obligations, instead ofinvesting contri\nbutions to pay future benefits. Cf. ACTUARIALLY SOUND \nRETIREMENT SYSTEM. \nnonadmission. (16c) 1. The failure to acknowledge \nsomething. 2. The refusal to allow something, such as \nevidence in a legal proceeding. \nnonadmitted asset. See ASSET. \nnonae et decimae (noh-nee et des-a-mee), n. pl. [Law \nLatin \"ninths and tenths\"] Hist. Two payments that \nchurch-farm tenants make to the church. the first being \nrent for the land and the second being a tithe. \nnonage (non-ij). 1. MINORITY (1). 2. NONAGIUM. \nnonaggression pact. Int'/law. A treaty in which two \nor more countries agree not to engage in aggressive \nmilitary operations against one another. Also termed \nnonaggression treaty. \nnonagium (noh-nay-jee-dm). [Latin \"a ninth\"] Hist. The \nninth part ofa decedent's personal property, sometimes \npayable to the parish clergy for pious uses. Also \ntermed nonage. \nnonaligned state. Int'llaw. A (usu. less developed) \ncountry that has banded together with other similarly \nsituated countries to enhance its political and economic \nposition in the world . The movement of nonaligned \nstates formally began at a summit in 1961, and during \nthe Cold War these countries declared their indepen\ndence from both the western and the Soviet blocs. \nnonancestral estate. See ESTATE (1). \nnonancestral property. See nonancestral estate under \nESTATE (1). \nnonapparent easement. See discontinuous easement \nunder EASEMENT. \nnonapparent servitude. See SERVITUDE (2). \nnonappearance. (ISc) The failure to appear in court, \nesp. to prosecute or defend a lawsuit. See DEFAULT; \nNONSUIT. \nnonapportionment rule. Oil & gas. The majority \ndoctrine that royalties accrued under a mineral lease \non land that is later subdivided during the lease term \nare not shared by the owners of the subdivisions, but \nbelong exclusively to the owner of the land where \nthe producing well is located. For example. if Grey \ngranted a lease to Wainwright, then sold one-half of \nthe land to Svenson, and a well on Wainwright's half \nbegan producing minerals, only Wainwright would \nbe entitled to the royalty. Cf. APPORTIONMENT RULE. \n[Cases: Mines and Minerals C=>79.1(3).] \nnonart rejection. See formal rejection under REJEC\nTION. \nnonassertion letter. Patents. A patentee's written dec\nlaration that the holder does not intend to enforce the \nright to exclude others from practicing specified claims of a patent.  The patentee may choose to waive the \nright entirely or specify a time limit for the waiver. \n[Cases: Patents <:::='82.J \nnonassertive conduct. See CONDUCT. \nnonassessable insurance. See INSURANCE. \nnonassessable stock. See STOCK. \nnon assumpsit (non d-sam[p]-sit). [Latin \"he did not \nundertake\"] Hist. A general denial in an action of \nassumpsit. See ASSUMPSIT. [Cases: Assumpsit, Action \nofC=20.] \n'Non assumpsit' is the general issue in assumpsit, whether \nspecial or general, and is in effect a formal denial of liabil\nity on the promise or contract alleged. It denies not only \nthe inducement or statement of the plaintiff's right, but \nalso the breach, and allows any defense tending to show \nthat there was no debt or cause of action at the time of \ncommencing suit.\" Benjamin J. Shipman, Handbook of \nCommonLaw Pleading  182, at 322 (Henry Winthrop Bal\nlantine ed., 3d ed. 1923). \nnon assumpsit infra sex annos (non ;:l-sam[p]-sit in-frd \nseks an-ohs), n. [Latin \"he did not undertake within \nsix years\"J Hist. The specific pleading form for the \nstatute-of-limitations defense in an action ofassump\nsit. \nnonbailable, adj. (1811) 1. (Of a person) not entitled to \nbail <the defendant was nonbailable because ofa charge \noffirst-degree murder>. [Cases: Bail G=>43.] 2. (Of an \noffense) not admitting of bail <murder is a nonbail\nable offense>. \nnonbank, adj. Of, relating to, or being an entity other \nthan a bank <a nonbank depositor> <a nonbank \ncreditor>. \nnonbank bank. See BANK. \nnonbank financial institution. See MONEY SERVICE \nBUSINESS. \nnonbillable time. (1947) An attorney's or paralegal's \ntime that is not chargeable to a client. Cf. BILLABLE \nTIME. \nnonbinding minitrial. See summary jury trial under \nTRIAL \nnonbinding summary jury trial. See summary jury trial \nunder TRIAL \nnon bis idem. See NON BIS IN iDEM. \nnon bis in idem (non bis in I-dem). [Latin] Scots law. Not \ntwice for the same thing . The phrase usu. referred to \nthe law forbidding more than one trial for the same \noffense. It essentially refers to the double-jeopardy \nbar. -Also termed non bis idem; non bis in eodem. \nSee DOUBLE JEOPARDY. \nnoncallable bond. See noncallable security under \nSECURITY. \nnoncallable security. See SECURITY. \nnoncancelability dause. An insurance-policy provision \nthat prevents the insurer from canceling the policy after \nan insured's loss, as long as the premium has been paid. \n[Cases: Insurance C=>1916, 1920.] \n\n1151 \nnoncapital, adj. (1865) (Of a crime) not involving or \ndeserving of the death penalty <noncapital murder>. \nnoncareer vice-consul. See VICE-CONSUL. \nnoncash charge. See CHARGE. \nnon cepit (non see-pit). [Latin \"he did not take\"] Hist, A \ngeneral denial in a replevin action that puts at issue both \nthe taking and the place oftaking, Also termed non \ncepit modo et forma. See REPLEVIN. [Cases: Replevin \nC=63,69,] \n\"'Non cepit' is the general issue in replevin, and is a formal \ndenial both of the fact and the place of the alleged taking. \nIt denies the taking only, and not the plaintiff's right of \npossession. Where replevin may be and is brought for \ngoods lawfully obtained, but unlawfully detained, the \ngeneral issue is 'non detinet,' which is a denial ofthe deten\ntion. It denies the detention only, and not the plaintiff's \nright.\" Benjamin 1-Shipman, Handbook of Common-Law \nPleading  178, at 318 (Henry Winthrop Ballantine ed., 3d \ned. 1923). \nnoncircumvention agreement. A contractual provision \nor separate contract containing mutual promises to use \nconfidential information only for certain purposes and \nonly while the contract is in force. Also termed non\ncircumvent agreement. \nnoncitable, adj. Not authorized by a court to be used as \nlegal precedent. _ In general, unpublished opinions are \nnon citable, although court rules vary. -Also termed \nuncitable. Cf. CITABLE. \nnoncitizen. (1850) A person who is not a citizen of a par\nticular place. See ALIEN. [Cases: Aliens, Immigration, \nand Citizenship C=652.j \nnondaim. (ISc) A person's failure to pursue a right \nwithin the legal time limit, resulting in that person's \nbeing barred from asserting the right. See STATUTE OF \nLIMITAnONS. \nnonclaim statute. See STATUTE. \nnonclergyable, adj. 1. Hist. (Of an offense) punishable \nwithout benefit of clergy. -At one time, an offender \nwho qualified for benefit of clergy could escape trial \nin the secular courts regardless of the crime. The \nbenefit was applied so broadly by the end of the 16th \ncentury that Parliament declared certain crimes, such \nas murder, robbery, arson, and piracy, nonclergyable. \nOver time, more crimes and misdemeanors were added \nto the list until the benefit was finally abolished in the \n19th century. 2. Archaic. (Of a person) not eligible to \nclaim benefit of clergy. See BENEFIT OF CLERGY (1). \nnoncode state. Hist. A state that, at a given time, had not \nprocedurally merged law and equity, so that equity was \nstill administered as a separate system. -The term was \ncurrent primarily in the early to mid-20th century. \nAlso termed common-law state. Cf. CODE STATE. \nnoncombatant, adj. (1826) 1. Not serving in a fighting \ncapacity <noncombatant personnel>. 2. Not designed \nfor combat <noncombatant vehicle>. \nnoncombatant, n. (1811) 1. An armed-service member \nwho serves in a non-fighting capacity. 2. A civilian in \nwartime. nonconstitutional \nnoncommercial partnership. See nontrading partner\nship under PARTNERSHIP. \nnoncommercial use. See USE (I). \nnoncommissioned officer. See OFFICER (2). \nnoncompete covenant. See noncompetition covenant \nunder COVENANT (1). \nnoncompetition agreement. See noncompetition \ncovenant under COVENANT (1). \nnoncompetition covenant. See COVENANT (1). \nnon compos mentis (non kom-p<ls men-tis), adj. [Latin \n\"not master ofone's mind\"] (17c) 1. Insane. 2. Incom\npetent. Cf. COMPOS MENTIS. [Cases: Mental Health \n3.1.] \nnon concessit (non k;m-ses-it), n. [Law Latin \"he did not \ngrant\") Hist. 1. English law. The plea by which the defen\ndant denies that certain rights were given by letters \npatent to the plaintiff. -For example, ifa plaintiff sues \nfor the infringement of a patent right, the defendant \ncan deny that the Crown granted the plaintiff that right \nas alleged in the plaintiff's declaration. 2. A plea by a \nstranger to a deed, by which the title and operation of \nthe deed are placed in issue. \nnonconforming goods. See GOODS. \nnonconforming lot. See LOT (1). \nnonconforming use. See USE (1). \nnonconformist. (17c) A person who refuses to follow \nestablished customs, practices, beliefs, or ideas; esp., \nan English Protestant who refuses to adhere to the \nChurch of England. \nnonconformity. ("}
{"text": "; esp., \nan English Protestant who refuses to adhere to the \nChurch of England. \nnonconformity. (17c) The failure to comply with some\nthing, as in a contract specification. \nnonconsensual, adj. (1920) Not occurring by mutual \nconsent <nonconsensual sexual relations>. [Cases: \ni Rape \nnonconsent. (1844) 1. Lack of voluntary agreement. 2. \n. Criminal law. In the law of rape, the refusal to engage \ni willingly in sexual intercourse. See CONSENT. [Cases: \n, RapeC=8.J \nI non constat (non kon-stat). [Latin \"it is not settled\"] It is \nnot certain or agreed. -'lbe phrase is generally used to \nstate that some conclusion does not necessarily follow \nalthough it might appear on its face to follow. C[ NON \nSEQUITUR. \n\"Non Constat .... Words frequently used, particularly in \nargument, to express dissatisfaction with the conclusions \nof the other party: as, it was moved in arrest ofjudgment \nthat the declaration was not good, because non constat \nwhether AS was seventeen years of age when the action \nwas commenced.\" 3John Bouvier, Bouvier's Law Dictionary \n2355 (8th ed. 1914). \nnonconstitutional, adj. (1879) Of or relating to some \nlegal basis or principle other than those of the u.s. Con\nstitution or a state constitution <the appellate court \nrefused on nonconstitutional procedural grounds \nto hear the defendant's argument about cruel and \nunusual punishment>. Cf. UNCONSTITUTIONAL \n\nnonconsumable, n. (1902) A thing (such as land, a \nvehicle, or a share of stock) that can be enjoyed without \nany change to its substance other than a natural dimi\nnution over time; NONFUNGIBLE. Cf. CONSUMABLE. \nnonconsumable, adj. \nnoncontestability clause. See INCONTESTABILITY \nCLAUSE. \nnoncontest clause. See NO-CONTEST CLAUSE. \nnoncontinuing guaranty. See limited guaranty under \nGUARANTY. \nnoncontinuous easement. See discontinuous easement \nunder EASEMENT. \nnoncontract, adj. See NONCONTRACTUAL. \nnoncontract demurrage. See DEMURRAGE. \nnoncontractual, adj. (1883) Not relating to or arising \nfrom a contract <a noncontractual obligation>. Also \ntermed noncontract. \nnoncontractual duty. See DUTY (1). \nnoncontribution clause. A fire-insurance-policy pro\nvision stating that only the interests of the property \nowner and the first mortgagee are protected under the \npolicy. [Cases: Insurance (:::::>3449.] \nnoncontributory, adj. (1907) 1. Not involved in some\nthing. 2. (Of an employee benefit plan) funded \nby the employer. [Cases: Labor and Employment \n419.] \nnoncontributory pension plan. See PENSION PLAN. \nnoncore proceeding. See RELATED PROCEEDING. \nnoncovered wages. See WAGE. \nnon culpabilis (non bl-pay-ba-Ias). [Latin] Not guilty. \nAbbr. non cui. \nnoncumulative approach. See DUALITY OF ART. \nnoncumulative dividend. See DIVIDEND. \nnoncumulative preferred stock. See STOCK. \nnoncumulative stock. See noncumulative preferred stock \nunder STOCK. \nnoncumulative voting. See VOTe'G. \nnoncustodial, adj. 1. (1960) (Of an interrogation, etc.) \nnot taking place while a person is in custody. 2. Of or \nrelating to someone, esp. a parent, who does not have \nsole or primary custody. \nnoncustodial interrogation. See INTERROGATION. \nnoncustodial parent. See PARE\"'T. \nuoncustodial sentence. See SENTENCE. \nnon damnificatus (non dam-na-fa-kay-tas). [Latin \"he \nis not damaged\"] In an action of debt on a bond that \nholds the plaintiff harmless, the defendant's plea that \nthe plaintiff has not been damaged. \nnondeadly force. See FORCE. \nnondeadlyweapon. See LESS-LETHAL. \nnon debit. See NEVER INDEBTED, PLEA OF. non decimando (non des-a-man-doh). See DE NON DECI\nMANDO. \nnon dedit (non dee-dit), n. [Latin \"he did not grant\"] \nNE DONA PAS. \nnon deficitjus sed probatio (non def-a-sit jast sed proh\nbay-shee-oh). [Latin] Scots law. 'Ihe right is not lacking, \nbut the proof ofit. _ The phrase appeared in reference \nto the principle that many rights, both disputed and \nsometimes undisputed, require a special mode of proot~ \nsuch as a written document. \nnondelegable (non-del-a-ga-bal), adj. (1902) (Of a power, \nfunction, etc.) not capable of being entrusted to anoth\ner's care <the duty to maintain the premises is a non\ndelegable duty>. \nnondelegable duty. See DtJTY (1). \nnondelegation doctrine. See DELEGATION DOCTRINE. \nnondelivery. (18c) A failure to transfer or convey some\nthing, such as goods. Cf. DELIVERY. \nnon demiset (non da-mI-zit). [Latin \"he did not demise\"] \nHist. 1. A defensive plea in an action for rent when the \nplaintiff failed to plead that the demise was by inden\nture. _ It could not be used if the plaintiff alleged an \nindenture. 2. In a replevin action, a plea in bar to an \navowry for arrears of rent. \nnondepository provider of financial services. See \nMONEY SERVICE BUSINESS. \nnon detinet (non det-i-net or det-a-nat). [Latin \"he does \nnot detain\"] Hist. 1. The pleading form of a general \ndenial in a detinue action for recovery of goods \ndetained by the defendant. - A non detinet denies both \nthe detention and the plaintiff's right of possession or \nproperty in the goods claimed. See DETINUE. [Cases: \nDetinue C=:> 17.]2. Loosely, NON CEPIT. \nnondirection. (18c) The failure of a judge to properly \ninstruct a jury on a necessary point oflaw. \nnondischargeable debt. See DEBT. \nnondisclosure. (1908) 1. The failure or refusal to reveal \nsomething that either might be or is required to be \nrevealed. Cf. CONCEALMENT. [Cases: Fraud 16.] 2. \nNONDISCLOSURE AGREEMENT. \nnondisclosure agreement. Trade secrets. A contract or \ncontractual provision containing a person's promise \nnot to disclose any information shared by or discov\nered from a trade-secret holder, including all informa\ntion about trade secrets, procedures, or other internal \nor proprietary matters. _ Employees and some non\nemployees, such as beta-testers and contractors, are \nfrequently required to sign nondisclosure agree\nments. Often shortened to nondisclosure. Abbr. \nNDA. Also termed confidentiality agreement. \nContracts 0:::' 118.] \nnondisclosure clause. See confidentiality clause under \nCLAUSE. \nnondiscretionary trust. Seefixed trust under TRUST. \nnondisparagement clause. See CLAUSE. \n\n1153 nonfunded deferred-compensation plan \nnon distringendo (non di-strin-jen-doh). [Law Latin \n\"not to be distrained\"] A writ to prevent the distraint \nofsomething. \nnondiverse. adj. (1947) 1. Ofor relating to similar types \n<the attorney's practice is nondiverse: she handles only \ncriminal matters>. 2. (Of a person or entity) having the \nsame citizenship as the party or parties on the other \nside of a lawsuit <the parties are nondiverse because \nboth plaintiff and defendant are California citizens>. \nSee diversity jurisdiction under JURISDICTION. [Cases: \nFederal Courts C='286.1.] \nnonelected claim. See PATENT CLAIM. \nnonenablement. Patents. In a patent application's spec\nification, the quality of not being clear or complete \nenough to teach a of ordinary person skill in the art \nhow to make and use the invention without undue \nexperimentation. -Also termed lack ofenablement. \n[Cases: Patents C='99.] \nnonenablement rejection. See REJECTION. \nnon entia (non en-shee-d). [Law Latin] Hist. Nonentities; \nthings not existing. \nNones (nohnz), n. [fro Latin nonus \"ninth\"]!. Roman \nlaw. In the Roman calendar, the ninth day before the \nIdes, being the 7th of March, May, July, and October, \nand the 5th of the other months. 2. Eccles. law. In the \nRoman Catholic church, one ofthe seven daily canoni\ncal hours (about 3:00 p.m.) for prayer and devotion. 3. \nArchaic. The ninth hour after sunrise, usu. about 3:00 \np.m. Cf. CALENDS; IDES. \nnonessential mistake. See unessential mistake under \nMISTAKE. \nnonessential term. See nonfundamental term under \nTERM (2). \nnon est. See NON EST INVENTUS. \nnon est factum (non est fak-tam). [Latin \"it is not his \ndeed\"] Hist. A denial ofthe execution ofan instrument \nsued on. [Cases: Bills and Notes C-=>47S.] \n\"The general issue in covenant is 'non est factum,' which \nis a formal denial that the deed is the deed of the defen\ndant.\" Benjamin J. Shipman, Handbook of Common-Law \nPleading  187, at 331 (Henry Winthrop Ballantine ed., 3d \ned. 1923). \ngeneral non est factum. Hist. A broad, nonspecific \ndenial that an instrument was executed or executed \nproperly. [Cases: Bills and Notes \nparticular non est factum. See special non est factum, \nspecial non estfactum. Hist. A pleading that speci\nfies the grounds on which an instrument's execution \nis invalid or nonbinding. -Also termed particular \nnon est factum. \nverified non est factum. Hist. A sworn denial that puts \nthe validity ofthe instrument as well as the signature \nin question. [Cases: Bills and Notes C=>47S; Pleading \n(~~)291(2).1 \nnon est inventus (non est in-ven-tds). [Latin \"he is not \nfound\"] Hist. A statement in a sheriff's return indicat\ning that the person ordered arrested could not be found in the sheriff's jurisdiction. -Sometimes shorted to \nnon est. -Abbr. n.d. \n\"If non est invenruswas returned to the bill, and the plaintiff \nhad reason to think that the defendant was stillm the same \ncounty, he might have another bill, and after that a third, \nand so on till the defendant was caught ... _\" 1 George \nCrompton, Practice Common-Placed: Rules and Cases of \nPractice in the Courts of King's Bench and Common Pleas \nxxxv (3d ed. 1787). \nnon-Euclidean zoning. See ZONING. \nnonexclusive easement. See common easement under \nEASEMENT. \nnonexclusive license. See LICENSE. \nnonexclusive listing. See open listing under LISTING \n(1). \nnonexecntive right. Oil &-gas. A mineral interest that \ndoes not confer the right to lease. _ Nonexclusive rights \ninclude royalty interests and nonexecutive mineral \ninterests. [Cases: Mines and Minerals C='55(4).] \nnonexempt property. A debtor's holdings and posses\nsions that a creditor can attach to satisfy a debt. Cf. \nEXEMPT PROPERTY (1). \nnonfeasance (non-feez-ants), n. (l6c) The failure to act \nwhen a duty to act existed. Cf. MALFEASANCE; MISFEA\nSANCE; FEASANCE. [Cases: Municipal Corporations \n735; Negligence C='200.]- nonfeasant, adj. -non\nfeasor, n. \n\"Hence there arose very early a difference, still deeply \nrooted in the law of negligence, between 'misfeasance' \nand 'nonfeasance' -that is to say, between active miscon\nduct working positive injury to others and passive inaction \nor a failure to take steps to protect them from harm.\" W. \nPage Keeton et aI., The Law of Torts  56, at 374 (5th ed. \n1984). \nnon fecit (non fee-sit). [Latin \"he did not make it\"] A \ndenial in an assumpsit action on a promissory note. \nnon fecit vastum contra prohibitionem (non fee-sit \nvas-t<'lm kahn-tn} proh-[h],,-bish-ee-oh-nam). [Latin \n\"he did not commit waste against the prohibition\"] In \nan estrepement action, a tenant's denial ofany destruc\ntion to lands after an adverse judgment but before the \nsheriff has delivered possession of the lands to the \nplaintiff. See ESTREPEMENT. \nnonfeIonious homicide, See HOMICIDE. \nnonfiler. Tax. See illegal tax protester under TAX PRO\nTESTER. \nnonforfeitable, adj. (1871) Not subject to forfeiture. See \nFORFEITURE. [Cases: Controlled Substances C=,164; \nForfeitures C='3.] \nnonforfeiture optiou. See OPTION. \nnonfreehold estate. See ESTATE (1). \nnonfunctional, n. Trademarks. A feature ofa good that, \nalthough it might identify or distinguish the good from \nothers, is unrelated to the product's use. [Cases: Trade\nmarks C=;1064, 1065(3).] \nnonfunded deferred-compensation plan. See non\nqualified deferred-compensation plan under EMPLOYEE \nBENEFIT PLAN. \n\n1154 nonfundamental term \nnonfundamental term. See TER"}
{"text": "YEE \nBENEFIT PLAN. \n\n1154 nonfundamental term \nnonfundamental term. See TERM (2). \nnonfungible (non-f.nl-ja-bal), adj. Not commercially \ninterchangeable with other property of the same kind \n<a piece ofland is regarded as non fungible>. -non\nfungible, n. \nnongermane amendment. See AMENDMENT (3). \nnongovernmental organization. Int'llaw. Any scientific, \nprofessional, business, or public-interest organization \nthat is neither affiliated with nor under the direction \nof a government; an international organization that \nis not the creation of an agreement among countries, \nbut rather is composed of private individuals or orga\nnizations. -Examples of nongovernmental organiza\ntions, which are often granted consultative status with \nthe United Nations, include Amnesty International, \nGreenpeace, and the International Committee of the \nRed Cross. Abbr. NGO. Also termed private vol\nuntaryorganization. \nnongrantor-owner trust. See TRUST (3). \nnon impedivit (non im-pa-dI-vit), n. [Latin \"he did not \nimpede\"] The defendant's general denial in a quare \nimpedit action. This is the Latin form equivalent to ne \ndisturba pas. See NE DISTURBA PAS; QUARE IMPEDIT. \nnon implacitando aliquem de libero tenemento sine \nbrevi (non im-plas-,Han-doh al-a-kwem dee lib-ar-oh \nten-d-men-toh sl-nee bree-vI) [Latin \"not impleading \nanyone of his free tenement without a breve\"] Hist. \nA writ that, without a writ from the king, prohib\nited bailiffs or others from distraining anyone from \ntouching their freehold estates. \nnoninfamous crime. See CRIME. \nnon infregit conventionem (non in-free-jit kan-ven\nshee-oh-nam). [Latin \"he committed no breach of \ncovenant\"] Hist. A defensive plea in an action for \nbreach of covenant. \nnoninstallment credit. See CREDIT (4). \nnoninsurable risk. See RISK. \nnonintercourse. 1. The refusal of one country to deal \ncommercially with another . For example, the Non\nIntercourse Act of1809, a congreSSional act, prohibited \nthe importation ofBritish or French goods. 2. The lack \nofaccess, communication, or sexual relations between \nhusband and wife. Cf. NONACCESS. \nnonintercourse act. Int'llaw. A statute that suspends \ncommercial or other relations between nations. [Cases: \nWar and National Emergency C=;> 15.] \nnon-interest-bearing bond. See discount bond under \nBOND (3). \nnon interfui (non in-t<lr-fyoo-I). [Latin \"I was not \npresent\"] A reporter's note. \nnoninterpretivism, n. (1978) In constitutional interpre\ntation, the doctrine holding that judges are not confined \nto the Constitution's text or preratification history but \nmay instead look to evolving social norms and values \nas the basis for constitutional judgments. Cf. INTERPRE\nTIVISM; ORIGINALISM. noninterpretivist, n. nonintervention. (1831) Int'llaw. The principle that \na countrv should not interfere in the internal affairs \nof anoth~r country. The UN. Charter binds it from \nintervening \"in matters which are essentially within the \ndomestic jurisdiction of any state ....\" V.N. Charter \nart. 2(7). -Also termed principle ofnonintervention. \nnonintervention executor. See independent executor \nunder EXECUTOR. \nnonintervention will. See WILL. \nnon intromittendo, quando breve praecipe in capite \nsubdole impetratur (non in-troh-mi-ten-doh, \nkwon-doh bree-vee pree-sa-pee [or pres-a-pee] in kap\na-tee sab-da-lee im-pa-tray-tar), n. [Latin \"not interfer\nwhen the writ praecipe in capite was obtained by \ndeceit\"] Hist. A writ issued to the King's Bench or Eyre, \ncommanding them not to aid a person who obtained a \npraecipe in capite for lands from the king because that \nperson likely obtained the writ deceitfully, and ordering \nthem to put that person to the writ of right. \nnonintromittent clause (non-in-troh-mit-ant). English \nlaw. A clause in the charter of a borough exempting \nit from the jurisdiction of the justices of the peace \nappointed for the borough's county. \nnonissuable plea. See PLEA (3). \nnonjoinder. (1823) 1. The failure to bring a person who \nis a necessary party into a lawsuit. Fed. R. Civ. P. 12(b) \n(7),19. See JOINDER. Cf. MISJOINDER (1); DISJOINDER (1). \nFederal Civil Procedure C=;>384; PartiesC=;>77, \n8L] 2. Patents. Failure to name a coinventor in a patent \napplication. \nnonjudicial day. See DAY. \nnonjudicial foreclosure. See FORECLOSURE. \nnonjudicial oath. See OATH. \nnonjudicial punishment. See PUNISHMENT. \nnonjuridical (non-juu-rid-i-kal), adj. (1853) 1. Not ofor \nrelating to judicial proceedings or to the administra\ntion ofjustice <the dispute was nonjuridicab. 2. Not \nofor relating to the law; not legal <a natural person is \na nonjuridical entity>. Cf. JURIDICAL. \nnon juridicus (non juu-rid-i-bs), adj. [Latin \"not \njudicial\"] Ofor relating to a day when courts do not sit \nor when legal proceedings cannot be conducted, such \nas a Sunday. \nnonjuror. (I7c) 1. Someone who is not serving as a juror. \n2. Hist. A person who refused to pledge allegiance to \nthe sovereign; specif., in England and Scotland, a cler\ngyman who, after 1688, refused to break the oath to \nJames II and his heirs and successors, and to recognize \nWilliam ofOrange as king . In Scotland, a nonjuror \nwas also recognized by the Presbyterian Church as \na clergyman who refused to renounce the Episcopal \nChurch when it was disestablished in 1690 in favor of \nPresbyterianism. \nnonjury, adj. Ofor relating to a matter determined by a \njudicial officer, such as a judge, rather than a jury <the \n\n1155 nonobviousness \nplaintiff asked for a nonjury trial>. [Cases: Federal Civil \nProcedure Trial (>367.] \nnonjurytrial. See bench trial under TRIAL. \nnonjusticiable (non-j<ls-tish-ee-<l-b<ll or non-j<ls-tish-d\nbdl), adj. (19l5) Not proper for judicial determination \n<the controversy was nonjusticiable because none of \nthe parties had suffered any harm>. [Cases: Action \n6; Federal Courts (:::::? 12.1.] \nnonjusticiable question. See POLITICAL QUESTION. \nnonlapse statute. See ANTILAPSE STATUTE. \nnonlawyer. A person who is not a lawyer. \nnonlethal weapon. See LESS-LETHAL. \nnonleviable (non-lev-ee-J-bJI), adj. (1860) (Ofproperty \nor assets) exempt from execution, seizure, forfeiture, or \nsale, as in bankruptcy. See HOMESTEAD LAW. [Cases; \nExemptions Homestead (:::::? 1.] \nnon liquet (non h-kwet or li-kwet). [Latin \"it is not \nclear\"]!. Civil law. The principle that a decision-maker \nmay decline to decide a dispute on the ground that the \nmatter is unclear.  Even British judges formerly some\ntimes said Non liquet and found for the defendant. 2. \nInt'l law. A tribunal's nondecision resulting from the \nunclarity of the law applicable to the dispute at hand. \n In modern usage, the phrase appears almost always \nin passages stating what a court must not do: tribunals \nare routinely disallowed from declaring a non liquet. \nAbbr. n.l. \nnonliquidating distribution. See DISTRIBUTION. \nnonliteral infringement. See DOCTRINE OF EQUIVA\nLENTS. \nnonmailable, adj. Ofor relating to a letter or parcel that \ncannot be transported by mail for a particular reason \nsuch as the package's size, contents, or obscene label. \n[Cases; Postal Service \nnonmarital child. See illegitimate child under CHILD. \nnonmarketable security. See SECURITY. \nnonmedical policy. See INSURANCE POLICY. \nnonmember bank. See BANK. \nnon memini (non mem-~-nI). [Law Latin] Scots law. I do \nnot remember. The phrase appeared in reference to \nan oath in which one person swore no remembrance \nofa transaction. \n'Where a party to whose oath the resting-owing of a debt, or \na payment, is referred, swears that he does not remember \nreceiving the goods charged for, or of his incurring the \ndebt, or of receiving the alleged payment, such oath, as not \nbeing evidence of the point referred, may result in decree \nof absolvitor in his favour, where the whole circumstances \ntend to the conclusion that the non memini is not only \nan honest answer, but a reasonable one. But if the fact \nreferred is so recent that the deponent cannot be believed \nto be ignorant of it, or to have forgotten it, he is considered \nas concealing the truth, and will be decerned against in the \nsame manner as if he had refused to depone.\" John Trayner, \nTrayner's Latin Maxims 397 (4th ed. 1894). \nnon merchandizanda victualia (non m~r-chJn-di\nzan-d<l vik-choo-ay-Iee-a), n. [Law Latin \"not to merassize to investigate and punish town magistrates who \nretailed victuals while in office. \nnonmerchantable title. See unmarketable title under \nTITLE (2). \nnonmetered license. See LICENSE. \nnon molestando (non moh-l<l-stan-doh), n. [Law Latin \n\"by not molesting\"] Hist. A writ available to a person \nwhose possession ofland has been disturbed, contrary \nto the Crown's protection. \nnonmonetary item. (1965) An asset or liability whose \nprice fluctuates over time (such as land, equipment, \ninventory, and warranty obligations). \nnonmovant (non-moov-ant). (1955) A litigating party \nother than the one that has flIed the motion currently \nunder consideration <the court, in ruling on the plain\ntiff's motion for summary judgment, properly resolved \nall doubts in the nonmovant's faVOr>. \nnonmutual collateral estoppel. See COLLATERAL \nESTOPPEL. \nnonnavigable, adj. 1. (Of a body of water) unaffected \nby the tide. [Cases; Navigable Waters (,'::J 1.] 2. (Of a \nbody ofwater) incapable ofallowing vessels to pass \nfor travel or commerce. 3. (Of any vessel) incapable of \nbeing steered. Cf. NAVIGABLE . \nnonnegotiable, adj. (1859) 1. (Ofan agreement or term) \nnot subject to change <the kidnapper's demands were \nnonnegotiable>. 2. (Of an instrument or note) inca\npable of transferring by indorsement or delivery. Cf. \nNEGOTIABLE. [Cases: Bills and Notes C-:::: 144.J \nnonnegotiable bill oflading. See straight bill oflading \nunder BILL OF LADING. \nnonnegotiable document of title. See DOCUMENT OF \nTITLE. \nnon numeratae pecuniae (non n(yJoo-me-ray-tee pi\nkyoo-nee-ee). [Latin] Hist. (Defense) of money not \npaid. \nnon obstante (non ahb-stan-tee or <lb-stan-tee), n. [Latin \n\"notwithstanding\"]. 1. His/. A doctrine used by the \nCrown ofEngland to give effect to certain documents, \nsuch as grants or letters patent, despite any laws to the \ncontrary. This doctrine was abolished by the Bill of \nRights. 2. A phrase used in documents to preclude any \ninterpretation contrary to the stated object or purpose. \n3. NON OBSTANTE VEREDICTO. \nnon obstante veredicto (non ahb-stan-tee [or Jb-stan\ntee] ver-<l-dik-toh). [Latin] (15c) Notwithstanding the \nverdict. Often shortened to nOr! obstante. -Abbr. \nn.o.v.; NOV. See judgment notwithstanding the verdict \nunder JUDGMENT. [Cases: Federal Civil Procedure \n2601; Judgment Cr-::, 199.] \nnonobviousness. Patents. 1. An invention's quality of \nbeing sufficiently different from the prior art that, at \nthe time the invention was made, it would not have \nbeen obvious to a person having ordinary skill in the \nart relevant to the invention. 2. The requirement that \nchandise victuals\"] Hist. A writ directing justices of i this quality must be demonstrated for an invention \n\n1156 nonoccupant visitor \nto be patentable. _ Nonobviousness may be demon\nstrated with evidence concerning prior art or with \nother objective evidence, such as commercial success or \nprofessional approval. The test ofobviousness involves \nexamining the scope and content of the prior art, the \ndifferences between the prior art and the patent claims, \nand the level ofordinary skill in the art. 35 USCA  103. \nSee GRAHAM FACTORS. Cf. NOVELTY. [Cases: Patents \n(;:=> 16(1).] \nnonoccupant visitor. (1996) Criminal procedure. A \nperson who owns, co-owns, is employed by, or is a \npatron ofa business enterprise where a search is being \nconducted in accordance with a search warrant. \nnonoccupational, adj. (1918) 1. Not relating to one's job."}
{"text": "with a search warrant. \nnonoccupational, adj. (1918) 1. Not relating to one's job. \n2. Of or relating to a general-disability policy provid\ning benefits to an individual whose disability prevents \nthat individual from working at any occupation. [Cases: \nInsurance (;= 2561(5).J \nnonoccupier. (1958) One who does not occupy a particu\nlar piece ofland; esp., an entrant on land who is either \nan invitee or a licensee. See INVITEE; LICENSEE (2). \nnon omittas propter liberatem (non <l-mit-<ls prop-tdr \nlib-<l-ray-t<lm). [Latin \"do not omit because of any \nliberty\"J Hist. A clause, usu. contained in writs of \nexecution, directing the sheriff to execute the writ \nregardless ofwhether the sheriffhad been granted the \nrequisite special authority from a franchise (liberty) or \ndistrict. [Cases: Execution \nnonoperating income. See INCOME. \nnonoperative performance bond. See PERFORMANCE \nBOND. \nnonoriginal bill. See BILL (2). \nnonownership theory. Oil & gas. A characterization of \noil-and-gas rights used in a minority ofjurisdictions, \nholding that the owner of a severed mineral interest \ndoes not have a present right to possess the oil and gas \nin place, but only to search for, develop, and produce \nit.  Because there is no right to present possession, the \ninterest of such an owner in a nonownership-theory \nstate is akin to a profit a prendre: a right to use the land \nand remove items ofvalue from it. This theory is used \nin California, Wyoming, Louisiana, and Oklahoma. \nCf OWNERSHIP-IN-PLACE THEORY. [Cases: Mines and \nMinerals (;::::;'73.1(2), 73.1(4).J \nnon pars substantiae sive fundi, sed accidens (non parz \ns;:lb-stan-shee-ee sl-vee f3n-dI, sed ak-si-denz). [Law \nLatin) Scots law. Not a part ofthe substance or the land, \nbut an accident. -The phrase appeared in reference to \nservitudes, among other things. \nnonparticipating, adj. (1859) Ofor relating to not taking \npart in something; specif., not sharing or haVing the \nright to share in profits or surpluses. Often short\nened to nonpar. \nnonparticipating preferred stock. See STOCK. \nnonparticipating royalty. See ROYALTY (2). nonpayment. (15c) Failure to deliver money or other \nvaluables, esp. when due, in discharge ofan obligation. \nCf PAYMENT (1). [Cases: Contracts (;=)312(3).] \nnonpecuniary damages. See DAMAGES. \nnonpecuniary injury. See irreparable injury under \nINJURY. \nnonperformance. (16c) Failure to discharge an obliga\ntion (esp. a contractual one). Cf. PERFORMANCE; MIS\nPERFORMANCE. [Cases: Contracts \nnonperforming loan. See LOAN. \nnonpersonal action. See ACTION (4). \nnon plevin (non plev-in). [LatinJ Iiist. The failure to \ntimely replevy land after it is taken by the Crown on \na default. \nnon ponendis in assisis etjuratis (non pd-nen-dis in \n;:I-sl-zis et juu-ray-tis), n. [Law Latin \"not to be put in \nassizes and juries\"] Hist. A writ discharging a person \nfrom jury duty. \nnonpossessoryestate. See FUTURE INTEREST. \nnonprivity (non-priv-d-tee). (1902) The fact or state of \nnot being in privity of contract with another; lack of \nprivity. See PRIVITY (1). [Cases: Contracts <~:::>186; Sales \n(;:=>255.J \nhorizontal nonprivity. (1982) The lack ofprivity occur\nring when the plaintiff is not a buyer within the dis\ntributive chain, but one who consumes, uses, or is \notherwise affected by the goods. For example, a \nhouseguest who becomes ill after eating meat that \nher host bought from the local deli is in horizontal \nnonprivity with the deli. [Cases: Sales \nvertical nonprivity. (1982) The lack ofprivity occurring \nwhen the plaintiff is a buyer within the distributive \nchain who did not buy directly from the defendant. _ \nFor example, someone who buys a drill from a local \nhardware store and later sues the drill's manufacturer \nis in vertical nonprivity with the manufacturer. \nnonprobate, adj. (1919) 1. Ofor relating to some method \noftransmitting property at death other than by a gift by \nwill <nonprobate distribution>. [Cases: Wills (;:=>4.] 2. \nOfor relating to the property so disposed <nonprobate \nassets>. See nonprobate asset under ASSET. \nnonprobate asset. See ASSET. \nnonprobate property. See nonprobate asset under \nASSET. \nnon procedendo ad assisam (non proh-s;)-den-doh ad \n;:I-SI-zdm). See DE NON PROCEDENDO AD ASSISAM. \nnon procedendo ad assisam rege inconsulto (non proh\nsd-den-doh ad d-SI-Zdm ree-jee in-k<ln-s31-toh). [Latin] \nHist. A writ to put a stop to the trial ofa case (pertain\ning to one who is in the king's service, etc.) when the \nking has not been consulted. \nnonprofit association. See ASSOCIATION. \nnonprofit corporation. See CORPORATION. \nNonproliferation Bureau. See BUREAU OF NONPROLIF\nERATION. \n\n1157 nonservant agent \nnonproliferation treaty. See TREATY (1). \nnon pros (non prahs). abbr. NON PROSEQUITUR. \nnonprosecution, affidavit of. See affidavit ofnonprosecu\ntion under AFFIDAVIT. \nnon prosequitur (non pra-sek-w;Har or proh-). [Latin \n\"he does not prosecute\"] (18c) 1he judgment rendered \nagainst a plaintiff who has not pursued the case. \nOften shortened to non pros. \nnonpubUc forum. (1978) Constitutional law. Public \nproperty that is not designated or traditionally con\nsidered an arena for public communication, such as \na jail or a military base . The government's means of \nregulating a non public forum need only be reasonable \nand viewpoint-neutral to be constitutional. Cf. PUBLIC \nFORUM. [Cases: Constitutional Law <8='1748.] \nnon-purchase-money, adj. (1941) Not pertaining to or \nbeing an obligation secured by property obtained by a \nloan <non-purchase-money mortgage>. Cf. purchase\nmoney mortgage under MORTGAGE. \nnonqualified deferred-compensation plan. See \nEMPLOYEE BENEFIT PLAN. \nnonqualified executive-compensation plan. See non\nqualified deferred-compensation plan under EMPLOYEE \nBENEFIT PLAN. \nnonqualified pension plan. See PENSION PLAN. \nnonqualified stock option. See STOCK OPTION. \nnon quieta movere (non kWI-ee-t<l moh-veer-ee), n. \n[Latin \"not to disturb what is settled\"] Stare decisis. \n Non quieta movere expresses the same principle as \nstare decisis. It is part ofthe longer phrase stare decisis \net non quieta movere (\"to adhere to precedents, and \nnot to unsettle things that are established\"). See STARE \nDECISIS. [Cases: Courts <:::='89.] \nnonrecognition. (1932) Int'llaw. The refusal ofone gov\nernment to recognize the legitimacy ofanother govern\nment. Cf. RECOGNITION (6). \nnonrecognition provision. (1932) Tax. A statutory rule \nthat allows all or part of a realized gain or loss not to \nbe recognized for tax purposes . Generally, this type \nofprovision only postpones the recognition ofthe gain \nor loss. See RECOGNITION (4). \nnonrecourse, adj. (1926) Ofor relating to an obligation \nthat can be satisfied only out of the collateral securing \nthe obligation and not out of the debtor's other assets. \n[Cases: Bills and Notes 44; Secured Transactions \nCr~227, 240.J \nnonrecourse loan. See LOAN. \nnonrecourse note. See NOTE (1). \nnonrecurring dividend. See extraordinary dividend \nunder DIVIDEND. \nnonrefoulement (non-ri-fowl-mcmt). [FrenchJ A refu\ngee's right not to be expelled from one state to another, \nesp. to one where his or her life or liberty would be \nthreatened. Cf. REFOULEMENT. \nnonrefund annuity. See A:>I:>IUITY. nonremovable inmate. An alien who, having been \ndetained, would ordinarily be deportable but cannot be \ndeported because the United States does not maintain \ndiplomatic ties with the alien's country of origin. \nAlso termed indefinite detainee; lifer. \nnonrenewal. (1819) A failure to renew something, such \nas a lease or an insurance policy. [Cases: Insurance <8=' \n1894; Landlord and Tenant (;=::81.5-86,94,278.10. \n0136.] \nnonreporting issuer. See ISSUER. \nnon repugnantia (non ree-p<'1g-nan-shee-a). [Law Latin] \nScots law. An absence ofopposition, as to a claim. \nnonresidence, n. (16c) l. The status ofliving outside the \nlimits of a particular place. 2. Eccles. law. The absence \nof a spiritual person from the benefice . This was an \noffense punishable by sequestering the benefice and \nforfeiting part of its income. \nnonresident, n. (16c) One who does not live within the \njurisdiction in question. Abbr. n.r. -nonresident, \nadj. \nnonresident alien. See ALIEN. \nnonresident decedent. See DECEDENT. \nnon residentia clerici regis (non rez-i-den-shee-d kler\n<I-SI ree-jis). See DE NON RESIDENTIA CLERIC! REGIS. \nnonresidential parent. See noncustodial parent under \nPARENT. \nnon residentio pro clerico regis (non rez-i-den-shee-oh \nproh kler-<l-koh ree-jis). [Latin \"by nonresidence for \na royal clerk\"] Hist. A writ ordering a bishop not to \nharass a clerk who, being employed in the royal service, \nhas become a nonresident. \nnonresident-motorist statute. A state law governing the \nliabilities and obligations of nonresidents who use the \nstate's highways. [Cases: Automobiles <8='235.] \nnonresponsive, adj. 1. (Of a reply to a question, esp. \nfrom a witness under oath) not directly answering the \nquestion asked. [Cases: Witnesses C:::>248.]2. Patents. \n(Of a patent applicant's answer) not addreSSing every \nrejection, objection, and requirement contained in a \npatent examiner's office action . A nonresponsive \nreply may render an application abandoned. 37 CFR \n1.111. [Cases: Patents (;=:c104.] \nnonresponsive answer. See unresponsive answer under \nANSWER (2). \nnonretroactivity principle. See NEW-RULE PRINCIPLE. \nnonrun time. See dead time under TIME. \nnon sanae mentis (non say-nee men-tis), adj. [Latin] Not \nofsound mind. \nnon-self-governing territory. See TERRITORY. \nnon sequitur (non sek-wa-tar). [Latin \"it does not \nfollow\"] (16c) 1. An inference or conclusion that does \nnot logically follow from the premises. 2. A remark or \nresponse that does not logically follow from what was \npreviously said. Cf. NON CONSTAT. \nnonservant agent. See AGENT (2). \n\n1158 nonservice \nnonservice. (i8c) The failure to serve a summons, \nwarrant, or other process in a civil or criminal case. \nnonshareholder constituency. A group of nonstock\nholders, such as employees or the public, who have \nan interest in the corporation's business -an interest \nthat the corporation may legally consider, in addition \nto shareholders' interests, in making major policy deci\nsions. Also termed alternative constituency. \nnonskip person. (1988) Tax. A person who is not a skip \nperson for purposes of the generation-skipping transfer \ntax. IRC (26 USCA)  2613(b). See SKIP PERSON. [Cases: \nInternal Revenue (;:::>4224.] \nnonsolidtation agreement. A promise, usu. in a contract \nfor the sale of a business, a partnership agreement, or \nan employment contract, to refrain, for a specified \ntime, from either (1) enticing employees to leave the \ncompany, or to lure customers away. [Cases: \nContracts \nnon solvendo pecuniam ad quam clericus mulctatur \npro non-residentia (non sol-yen-doh pi-kyoo-nee-am \nad kwam kler-a-kas malk-tay-tdr proh non-rez-a-den\nshee-a). [Latin] Hist. A writ prohibiting an ordinary \nfrom taking a pecuniary mulct imposed on a clerk of \nthe sovereign for nonresidence. \nnonsovereign state. See STATE. \nnonstaple. Patents. An unpatented thing or material that \nis a component of a patented product or is used in a \npatented process, but that has little or no other practi\ncal use . Patentees have a limited right to control the \nmarket for nonstaples through tying agreements. But \nif the thing supplied is a staple, the tying agreement is \nrestraint of trade. 35 USCA  271(d). Cf. STAPLE (3). \n"}
{"text": "agreement is \nrestraint of trade. 35 USCA  271(d). Cf. STAPLE (3). \nnonstatutory, adj. 1. Enforceable by some legal precept \nother than enacted law, such as precedent or trade \ncustom. 2. Patents. Unpatentable for not meeting some \nstatutory requirement, e.g., novelty, utility, nonobvious\nness, or enabling description. 3. Patents. Ofor relating \nto an equitable defense to an infringement claim, esp. \nestoppel, inequitable conduct, or laches. \nnonstatutory bond. See voluntary bond under BOND \n(3). \nnonstatutory claim. See omnibus claim under PATENT \nCLAIM. \nnonstatutory subject matter. Patents. A thing that does \nnot fit into any of the categories of things that by law \ncan be patented . Examples include works of nature, \nabstract ideas, human movements. 35 USCA  101. \n[Cases: Patents \nnonstock corporation. See CORPORATION. \nnon submissit (non sab-mis-it). [Latin \"he did not \nsubmit\"] In a debt action on a bond to perform an \narbitration award, a defendant's denial that he or she \nsubmitted to the arbitration. \nnon suijuris (non s[Y]OO-I or soo-ee joor-is), adj. [Latin \n\"not of one's own right\"] Lacking legal age or capacity. \nCf. SUI TURIS. nonsuit, n. (15c) 1. A plaintiff's voluntary dismissal ofa \ncase or of a defendant, without a decision on the merits . \n Under the Federal Rules ofCivil Procedure, a volun\ntary dismissal is equivalent to a nonsuit. Fed. R. Civ. P. \n41(a). -Also termed voluntary discontinuance. [Cases: \nFederal Civil Procedure (;:::> 1691; Pretrial Procedure \n2. A court's dismissal of a case or of a defen\ndant because the plaintiff has failed to make out a legal \ncase or to bring forward sufficient evidence. -Also \ntermed involuntary nonsuit; compulsory nonsuit. See \njudgment ofnonsuit under JUDGMENT. [Cases: Trial \n139.1, 159, 384.] -nonsuit, vb. \n\"It did not follow [in the 15th-18th centuries], of course, \nthat the issue in a trial at nisi prius would ever get to the \njury at all, for it might be that the plaintiff would be 'non\nsuited' on the ground that he had failed to prove something \nwhich was essential to his case or that the case which he \nhad proved was different from that which he had pleaded.\" \nGeoffrey Radcliffe & Geoffrey The English Legal \nSystem 184 (G.J. Hand & D.J. Bentley 6th ed. 1977). \n\"Nonsuit ... is equivalent to a demurrer to the evidence \nin that, even if all facts that plaintiff presents are true, the \nevidence is not, as a matter of law, sufficient to entitle \nplaintiff to a judgment. However, a voluntary nonsuit, \nunlike a demurrer or a directed verdict which resolves \nthe action on its merits, may result in another trial of the \ncause.\" 75A Am. Jur. 2d Trial  853 (1991). \nnon sum informatus (non Sdm in-far-may-tds), n. [Latin \n\"1 am not informed\"] Hist. A type of default judgment \nbased on a defense attorney's statement that the client \ngave no instructions to answer the lawsuit. \nnonsupport. (1909) family law. The failure to support a \nperson for whom one is legally obliged to prOVide, such \nas a child, spouse, or other dependent . Nonsupport is \na crime in most states. -Also termed criminal nonsup\nport; criminal neglect offamily; abandonment ofminor \nchildren; abandonment ofchildren. Cf. SUPPORT. [Cases: \nChild Support (;:::>652.] \nnontariffbarrier. An official policy, other than a tariff, \nthat restricts international trade, esp. by limiting \nimports or exports. -Abbr. NTB. Cf. NONTARIFF \nMEASURE. \nnontariff measure. An official policy, other than a tariff, \nthat affects international-trade conditions, including a \npolicy that increases trade as well as one that restricts \nit. Abbr. NTM. Cf. NONTARIFF BARRIER. \nnon tenent insimul (non ten-ant in-sim-dl), n. [Latin \n\"they do not hold together\"] Hist. In a partition action, \nthe defendant's plea denying a joint tenancy with the \nplaintiffin the estate at issue. \nnon tenuit (non ten-yuu-wit). [Latin] In an action of \nreplevin, the plaintiff's plea in bar to the defendant's \nassertion of a rightful taking of property (avowry), \nwhereby the plaintiff denies holding the property in the \nmanner and form alleged. [Cases: Replevin C=64.] \nnontenure (non ten-Ydr). Hist. A general denial in a real \naction, whereby the defendant denies holding some or \nall of the land in question. \nnonterm. See NON TERMINUS. \n\n1159 norm \nnon terminus (non ter-mi-n<3s), n. [Law Latin \"not the \nend\"] Hist. The vacation between two terms ofa court. \n-In England, it was also called \"the time of days ofthe \nhng's peace.\" -Also termed nonterm; non term. \nnontestifying expert. See consulting expert under \nEXPERT. \nnontrading partnership. See PARTNERSHIP. \nnontraditional public forum. See designated public \nforum under PUBLIC FORUM. \nnonunion, adj. (1863) 1. (Of a person or thing) not \nbelonging to or affiliated with a labor union <a \nnonunion worker> <a nonunion contract>. 2. (Of a \nposition or belief) not favoring labor unions <she will \nnot alter her nonunion stance>. 3. (Of a product) not \nmade by labor-union members <the equipment was of \nnonunion manufacture>. \nnonuse. (16c) 1. The failure to exercise a right <nonuse \nofthe easement>. 2. The condition ofnot being put into \nservice <the equipment was in nonuse>. 3. Intellectual \nproperty. See ABANDONMENT (8)-(10). \nnonuser. The failure to exercise a right (such as a fran\nchise or easement), as a result of which the person \nhaving the right might lose it <the government may \nnot revoke a citizen's voting right because ofnonuser>. \nCf. USER (1). \nnon usurpavit (non yoo-s;}r-pay-vit). [Latin \"he has not \nusurped\"] A defendant's denial ofan alleged usurpa\ntion of an office or franchise. \nnon utendo (non yoo-ten-do). [Latin) Roman & Scots \nlaw. By nonuse. -Certain rights (such as some servi\ntudes) could be lost through neglect of use. \nnon valentia agere (non v;}-len-shee-<3 aj-<:I-ree). [Latin] \nInability to sue. See NONABILITY. \nnonverbal testimony. See TESTIMONY. \nnon-vessel-operating common carrier. See CARRIER. \nnonvital term. See nonfundamental term under TERM \n(2). \nnonvoluntary euthanasia. See EUTHANASIA. \nnonvoting member. See MEMBER. \nnonvoting stock. See STOCK. \nnon vult contendere (non V<3lt k;}n-ten-d<3-ree). [Latin \n\"he will not contest it\") NO CONTEST. \nnonwaiver agreement. Insurance. A contract (supple\nmenting a liability-insurance policy) in which the \ninsured acknowledges that the insurer's investiga\ntion or defense ofa claim against the insured does not \nwaive the insurer's right to contest coverage later. Cf. \nRESERVATION-OF-RIGHTS LETTER. [Cases: Insurance \nC=3120.] \nnook of land. Hist. A variable quantity of land, often \n12.5 acres. \nno-oral-modification clause. (1969) A contractual pro\nvision stating that the parties cannot make any oral \nmodifications or alterations to the agreement. Abbr. NOM clause. See INTEGRATION CLAUSE; ZIPPER CLAUSE. \n[Cases: Contracts C=238(2).) \nno par. See no-par stock under STOCK. \nno-par stock. See STOCK. \nno-par-value stock. See no-par stock under STOCK. \nno-pass, no-play rule. (1984) A state law requiring \npublic-school students who participate in extracur\nricular activities (such as sports or band) to maintain \na minimum grade-point average or else lose the privi\nlege to participate. [Cases: Schools (;:=:> 164.) \nno progress. See WANT OF PROSECUTION. \nno recourse. l. The lack of means by which to obtain \nreimbursement from, or a judgment against, a person \nor entity <the bank had no recourse against the individ\nual executive for collection ofthe corporation's debts>. \n2. A notation indicating that such means are lacking \n<the bill was indorsed \"no recourse\">. See nonrecourse \nloan under LOAN; WITHOUT RECOURSE. \nNo Religious Test Clause. See RELIGIOUS TEST CLAUSE. \nno-retreat rule. (1973) Criminal law. 1he doctrine that \nthe victim ofa murderous assault may use deadly force \nin self-defense if there is no reasonable alternative to \navoid the assailant's threatened harm. - A majority \nofAmerican jurisdictions have adopted this rule. Cf. \nRETREAT RULE. [Cases: Homicide C=798.) \nno-right, n.(1913) The absence ofright against another in \nsome particular respect. - A no-right is the correlative \nof a privilege. -Also termed liability. \n\"A says to B, 'If you will agree to pay me $100 forthis horse \nyou may have him and you may indicate your agreement by \ntaking him.' This is a physical fact, called an offer, consist\ning of certain muscular acts of A having certain physical \nresults in B. The legal relations immediately following are \n(in part) as follows: B now has the privilege of taking the \nhorse and A has norightthat he shall not ....\" William \nR. Anson, Principles of the Law of Contract 321 (Arthur L. \nCorbin ed., 3d Am. ed. 1919). \n\"'No-right' is sometimes derided as being a purely negative \nconcept. If a no-right is something that is not a right, the \nclass of no-rights must, it is said, include elephants. The \nanswer is that negative terms are often useful as alter\nnative ways of stating propositions involving negatives. \nFor instance, the terms 'alien,' 'cold,' and 'dark' are all \nnegative or privative, because their meaning includes the \nidea of the absence of something else. The proposition \nthat A is an alien means that A is not a British subject; in \nthe one mode of statement the negative is incorporated in \nthe noun, whereas in the other it is expressed as a separate \nword. Similarly the word 'liberty' is negative, and critics \nwho attack the concept of no right should logically attack \nthe concept of liberty also.... [l]iberty means 'no-duty \nnot.' ... [F]or the sake of clear thinking it is necessary to \ngive each of the four meani ngs [of right] a separate name. \nWords like 'noright' and 'no-duty' may seem uncouth at \nfirst sight, but it is surely a clear and useful statement \nto say that 'right' sometimes means 'noduty not.'\" John \nSalmond, Jurisprudence 240-41 n.(u) (Glanville L. Williams \ned., 10th ed. 1947). \nnorm. (1821) 1. A model or standard accepted (volun\ntarily or involuntarily) by society or other large group, \nagainst which society judges someone or something. \nAn example ofa norm is the standard tor right or wrong \n\nnormal 1160 \nbehavior. 2. An actual or set standard determined by \nthe typical or most frequent behavior of a group. \nbasic norm. In the legal theory ofHans Kelsen, the law \nfrom which all the other laws in a society derive . \nKelsen's \"pure theory oflaw\" maintains that laws are \nnorms.1berefore, a society's legal system is made up \nof its norms, and each legal norm derives its validity \nfrom other legal norms. Ultimately, the validity ofall \nlaws is tested against the \"basic norm,\" which may be \nas simple as the concept that all pronouncements of \nthe monarch are to be obeyed. Or it may be an elabo\nrate system of lawmaking, such as a constitution. \nAlso termedgrundnorm. See PURE THEORY. \nnormal, adj. (l5c) 1. According to a regular pattern; \nnatural <it is normal to be nervous in court>. The \nterm describes not just forces that are constantly and \nhabitually operating but also forces that operate peri\nodically or with some degree offrequency. In this sense, \nits common antonyms are unusual and extraordinary. \n2. According to an established rule or norm <it is not \nnormal to deface statues>. 3. Setting a standard or \nnorm <a normal curriculum was established in the \nschools>. \nnormal balance. A type of debit or credit balance that \nis usu. found in ledger accounts . For example, assets \nusu. have debit balances and liabilities usu. have credit \nbalances. \nnormal college. See NORMAL SCHOOL. \nnormalized earnings. See EARNINGS. \nnormalized financial statement. See FINANCIAL STATE\nMENT. \nnormal law. (1904) The law as it applies to persons who \nare free from legal disabilities. \nnormal market. See CONTANGO (1). \nnormal mind. (1887) A mental capacity that is similar \nto that of the majority of people who can handle life's \nordinary responsibilities. \nnormal school. A training school for public-school \nteachers. Normal schools first appeared in the United \nStates in the 18005 and were two-year post-high-school \ntraining programs for elementary-school teachers. At \nthe turn of the century, normal schools expanded into \nfour-year teaching colleges. Most of these institutions \nhave developed into liberal arts colleges offering a wider \nvariety of education and teaching programs. Also \ntermed normal college. [Cases: Colleg"}
{"text": "developed into liberal arts colleges offering a wider \nvariety of education and teaching programs. Also \ntermed normal college. [Cases: Colleges and Universi\nties \nNorman French. A language that was spoken by the \nNormans and became the official language of English \ncourts after the Norman Conquest in 1066 . The \nlanguage deteriorated into Law French and continued \nto be used until the late 17th century. English became \nthe official language of the courts in 1731. \nnormative, adj. (1852) Establishing or conforming to a \nnorm or standard <Rawls's theory describes normative \nprinciples of justice>. \nnormative jurisprudence. See NATURAL LAW. Norris-La Guardia Act (nor-is la-gwahr-dee-a). A 1932 \nfederal law that forbids federal courts from ruling on \nlabor policy and that severely limits their power to \nissue injunctions in labor disputes . The statute was \npassed to curb federal-court abuses of the injunctive \nprocess, to declare the government's neutrality on labor \npolicy, to curtail employers' Widespread use ofinjunc\ntions to thwart union activity, and to promote the use \nof collective bargaining to resolve disputes. 29 USCA \n 101-115. -Also termed Labor Disputes Act; Anti\nInjunction Act. \nNorroy (nor-oy). English law. The third of the three \nKings at Arms (and the chief herald), whose province \nlies on the north side ofthe river Trent.  The N orroy's \nduties have included the supervision of weddings and \nfunerals ofnobility. See HERALD. \nNorth American Free Trade Agreement. A 1994 agree\nment between the United States, Canada, and Mexico, \ndesigned to phase out all tariffs and eliminate many \nnontariffbarriers (such as quotas) inhibiting the free \ntrade of goods between the participating nations . \nAmong other provisions, it set minimum standards \nfor intellectual-property protection afforded other \nmembers' citizens. Negotiated at the same time as the \nGATT talks that produced TRIPs, NAFTA borrowed \nfrom many TRIPs provisions on intellectual-property \nprotection, as by as protecting computer software and \ndatabases by copyright. While NAFTA incorporates by \nreference the Berne Convention standards of intellec\ntual-property rights, it exempts the U.S. from recog\nnizing Berne's moral rights. -Abbr. NAFTA. [Cases: \nTreaties \nNorth Eastern Reporter. A set of regional lawbooks, \npart of the West Group's National Reporter System, \ncontaining every published appellate decision from \nIllinois, Indiana, Massachusetts, New York, and Ohio, \nfrom 1885 to date . The first series ran from 1885 to \n1936; the second series is the current one. -Abbr. N.E.; \nN.E.2d. \nNorth Western Reporter. A set of regionallawbooks, part \nof the West Group's National Reporter System, con\ntaining every published appellate decision from Iowa, \nMichigan, Minnesota, Nebraska, North Dakota, South \nDakota, and Wisconsin, from 1879 to date . Ihe first \nseries ran from 1879 to 1941; the second series is the \ncurrent one. Abbr. N.W.; N.W.2d. \nNorthwest Territory. Hist. The first possession of the \nUnited States, being the geographical region south of \nthe Great Lakes, north of the Ohio River, and east of \nthe Mississippi River, as designated by the Continen\ntal Congress in the late 1700s. This area includes the \npresent states of Ohio, Indiana, Illinois, Michigan, Wis\nconsin, and the eastern part of Minnesota. \nNOS. abbr. National Ocean Service. See NATIONAL \nOCEANIC AND ATMOSPHERIC ADMINISTRATION. \nnoscitur a sociis (nos-a-tar ay [or ahl soh-shee-is). [Latin \n\"it is known by its associates\"] (I8c) A canon of con\nstruction holding that the meaning of an unclear word \n\n1161 \nor phrase should be determined by the words immedi\nately surrounding it. Cf. EJUSDEM GENERIS; EXPRESSIO \nUNIUS EST EXCLUSIO ALTERIUS; RULE OF RANK. [Cases: \nStatutes 193.] \n\"The ejusdem generis rule is an example of a broader \nlinguistic rule or practice to which reference is made by \nthe Latin tag noscitur a sociis. Words, even if they are not \ngeneral words like 'whatsoever' or 'otherwise' preceded \nby specific words, are liable to be affected by other words \nwith which they are associated.\" Rupert Cross, Statutory \nInterpretation 118 (1 976). \nnose coverage. See PRIOR-ACTS COVERAGE. \nno-setoff certificate. See WAIVER OF DEFENSES. \nno-shop provision. A stipulation prohibiting one or \nmore parties to a commercial contract from pursuing \nor entering into a more favorable agreement with a \nthird party. \nnosocomus (nos-<}-koh-m<}s), n. [Greek \"an attendant on \nthe side\"] Hist. A person who manages a hospital that \ncares for paupers. \nno-strike clause. A labor-agreement provision that \nprohibits employees from striking for any reason and \nestablishes instead an arbitration system for resolving \nlabor disputes. \nNOTA. abbr. NATIONAL ORGAN TRANSPLANT ACT. \nnota (noh-td), n. [Latin \"mark\"] Hist. 1. A promissory \nnote. 2. A brand placed on a person by law. \nnota bene (noh-td ben-ee or bee-nee or ben-ay). See \nN.B. \nnotabilis excess us (noh-tab-d-lis ek-ses-ds). [Law Latin] \nHist. A very great excess. \nnotae (noh-tee), n. pl. [Latin] Hist. Shorthand characters. \nSee NOTARIUS. \nno-talk provision. See confidentiality clause under \nCLAUSE. \nnotarial, adj. (ISc) Of or relating to the official acts ofa \nnotary public <a notarial seal>. -Also spelled (in Scots \nlaw) notorial. See NOTARY PUBLIC. [Cases: Notaries \n6.J \nnotarial act. (I8c) An official function ofa notary public, \nsuch as placing a seal on an affidavit. See NOTARY \nPUBLIC. [Cases: Notaries ~6.) \nnotarial protest certificate. See PROTEST CERTIFICATE. \nnotarial record. See JOURNAL OF NOTARIAL ACTS. \nnotarial register. See JOURNAL OF NOTARIAL ACTS. \nnotarial seal. See NOTARY SEAL. \nnotarial will. See WILL. \nnotario publico. Mexican law. An attorney who has \nbeen licensed for at least three years and is empow\nered to issue judicial opinions, make binding judg\nments in minor cases, mediate disputes, and perform \nmarriages. There is no equivalent professional status \nin the American legal system, and no direct transla\ntion ofthe term. The status and duties ofan American \nnotary public are not comparable to those ofa notario notary seal \npublico. -Often shortened to notario. Cf. NOTARY \nPUBLIC. \nnotarius (noh-tair-ee-ds), n. [fro Latin nota \"a character \nor mark\") 1. Roman law. A writer (sometimes a slave) \nwho takes dictation or records proceedings by short\nhand. A notarius was later also called a scriba. 2. \nRoman law. An officer ofthe court who takes a magis\ntrate's dictation by shorthand. Cf. SCRIBA. 3. Hist. An \nofficer who prepares deeds and other contracts. 4. A \nnotary or a scribe. \nnotarize, vb. (Of a notary public) to attest to the authen\nticity of (a Signature, mark, etc.). [Cases: Acknowledg\nment ~8;Notaries \nnotary public (noh-td-ree), n. (l6c) A person authorized \nby a state to administer oaths, certify documents, attest \nto the authenticity of signatures, and perform official \nacts in commercial matters, such as protesting negotia\nble instruments. Often shortened to notary. -Abbr. \nn.p. Cf. NOTARIO PUBLICO. [Cases: Notaries C--::-:. L] PI. \nnotaries public. -notarize, vb. notarial, adj. \n\"A notary public is an officer long known to the civil law, \nand designated as registrarius, actuarius, or scrivarius.\" \nJohn Proffatt, A Treatise on the Law Relating to the Office \nand Duties ofNotaries Public  1, at 1 Uohn F. Tyler &John \nJ. Stephens eds., 2d ed. 1892). \n\"The notary public, or notary, is an official known in nearly \nall civilized countries. The office is of ancient origin. In \nRome, during the republic, it existed, the title being rabel \n/iones forenses, or personae publicae; and there are records \nof the appointment of notaries by the Frankish kings and \nthe Popes as early as the ninth century. They were chiefly \nemployed in drawing up legal documents; as scribes or \nscriveners they took minutes and made short drafts of \nwritings, either of a public or a private nature. In modern \ntimes their more characteristic duty is to attest the genu\nineness of any deeds or writings, in order to render the \nsame available as evidence of the facts therein contained.\" \nBenjamin F. Rex, The Notaries' Manual  1, at 1-2 U.H. \nMcMillan ed., 6th ed. 1913). \n\"In jurisdictions where the civilian law prevails, such as \nin the countries of continental Europe, a notary public is \na public official who serves as a public witness of facts \ntransacted by private parties ... and also serves as impar\ntiallegal advisor for the parties involved .... In colonial \nLouisiana, the notary public had the same rank and dignity \nas his continental civilian ancestor .... Although notaries \nstill constitute a protected profession in present-day Louisi\nana, holding office for life provided they renew their bonds \nperiodically in compliance with the governing statute, the \nimportance of their function has diminished over the years \nto the point that it has been said that a Louisiana notary is \nno longer a truly civilian notary. Indeed, the trained lawyer \nis nowadays the Louisiana, and American, counterpart of \nthe continental civilian notary.\" Saul Litvinoff, 5 Louisiana \nCivil Law Treatise: The Law of Obligations 296-97 (2d ed. \n2001). \nnotary record book. See JOURNAL OF NOTARIAL ACTS. \nnotary's certificate. A notary's Signed and sealed or \nstamped statement attesting to the time and place that \nthe specified acts and documents were authenticated. \n[Cases: Notaries \nnotary seal. (18c) 1. The imprint or embossment made \nby a notary public's seal. [Cases: Notaries ~8.J 2. \nA device, usu. a stamp or embosser, that makes an \n\nnotation credit 1162 \nimprint on a notarized document. Also termed \nnotarial seal. \nembossed seal. (1959) 1. A notary seal that is impressed \nonto a document, raising the impression above the \nsurface . An embossed seal clearly identifies the \noriginal document because the seal is only faintly \nreproducible. For this reason, this type of seal is \nrequired in some states and on some documents nota\nrized for federal purposes. [Cases: Notaries 2. \nThe embossment made by this seaL \nrubber-stamp seal. (1948) I. In most states, a notary \npublic's official seal, which is ink-stamped onto docu\nments and is therefore photographically reproduc\nible. It typically includes the notary's name, the \nstate seal, the words \"Notary Public,\" the name of \nthe county where the notary's bond is filed, and the \nexpiration date of the notary's commission. [Cases: \nNotaries (;:::;8.] 2. 1he imprint made by this seal. \nnotation credit. (1956) A letter ofcredit specifying that \nanyone purchasing or paying a draft or demand for \npayment made under it must note the amount of the \ndraft or demand on the letter. See LETTER OF CREDIT. \n[Cases: Banks and Banking C=>191.20.] \nnote, n. (17c) 1. A written promise by one party (the \nmaker) to pay money to another party (thepayee) or to \nbearer.  A note is a two-party negotiable instrument, \nunlike a draft (which is a three-party instrument). \nAlso termed promissory note. Cf. DRAFT (1). [Cases: \nBills and Notes \naccommodation note. A note that an accommodat\ning party has signed and thereby assumed secondary \nliability for; ACCOMMODATION PAPER. [Cases: Bills \nand Notes C:::)49, \napproved indorsed note. A note indorsed by a person \nother than the maker to provide additional security. \nballoon note. A note requiring small periodic payments \nbut a very large final payment.  The periodic \npayments usu. cover only interest, while the final \npayment (the balloon payment) represents the entire \nprincipal. \nbanker's note. A promissory note given by a private \nbanker or an unincorporated banking institution. \nbanknote. See BANKNOTE. \nblue note. A note that maintains a life-insurance policy \nin effect until the note becomes due. [Cases: Insur\nance C=>2020, 2027.J \nbought note. A written memorandum ofa sale deliv\nered to the buyer by the broker responsible for the \nsale. \ncircular note. See LETTER OF CREDIT. \ncoal note. His/. A promissory note written according \nto a statute that required payment for coal out ofany \nvessel in the port ofLondon to be in cash or by prom\nissory note containing the words \"value received in \ncoal.\"  Noncompliance with the statute resulted in \na fine of 100. cognovit note. See COGNOVIT NOTE. \ncollateral note. See secured note. \ncoupon note. A note with attached interest coupons \nthat the holder may present for payment as each \ncoupon matures. \ndemand note. A note payable whenever the creditor \nwants to be paid. See call loan under LOAN. \nBills and Notes C=O129(3).] \nexec"}
{"text": "wants to be paid. See call loan under LOAN. \nBills and Notes C=O129(3).] \nexecuted note. A note that has been Signed and deliv\nered. [Cases: Bills and Notes ~54-62.] \nfloating-rate note. A note carrying a variable interest \nrate that is periodically adjusted within a predeter\nmined range, usu. every six months, in relation to \nan index, such as Treasury bill rates. Also termed \nfloater. [Cases: Bills and Notes 125; Interest \n32.] \nhand note. A note that is secured by a collateral note. \ninstallment note. A note payable at regular intervals. \nAlso termed serial note. \ninverse-floating-rate note. A note structured in such a \nway that its interest rate moves in the opposite direc\ntion from the underlying index (such as the London \nInterbank Offer Rate) . Many such notes are \ninvestments because ifinterest rates rise, the \nties lose their value and their coupon \"\"'lllJlll':~ \nAlso termed inverse floater. [Cases: Interest \njoint and several note. A note for which multiple \nmakers are jointly and severally liable for repayment, \nmeaning that the payee may legally look to all the \nmakers, or anyone ofthem, for payment ofthe entire \ndebt. See joint and several liability under LIABILITY. \n[Cases: Bills and Notes ~120.] \njoint note. A note for which multiple makers are jOintly, \nbut not severally, liable for repayment, meaning that \nthe payee must legally look to all the makers together \nfor payment ofthe debt. See joint liability under LIA\nBILITY. [Cases: Bills and Notes (;:::; 120.] \nmortgage note. A note evidencing a loan for which real \nproperty has been offered as security. [Cases: Mort\ngages~14.] \nnegotiable note. See NEGOTIABLE INSTRUMENT. \nnonrecourse note. A note that may be satisfied upon \ndefault only by means ofthe collateral securing the \nnote, not bythe debtor's other assets. Cf. recourse note. \n[Cases: Bills and Notes Secured Transactions \n(;:::;227,240.) \nnote ofhand. See promissory note. \npost note. See time note. \npremium note. A promissory note given by an insured \nto an insurance company for part or all of the \npremium. \npromissory note. (18c) An unconditional written \npromise, signed by the maker, to pay absolutely and in \nany event a certain sum ofmoney either to, or to the \norder of, the bearer or a designated person. Also \n\n1163 not guilty \ntermed noie of hand. [Cases: Bills and Notes \n28-53.) \nrecourse note. A note that may be satisfied upon default \nby pursuing the debtor's other assets in addition to \nthe collateral securing the note. Cf. nonrecourse note. \n[Cases: Secured Transactions C=>227, 240.) \nreissuable note. A note that may again be put into cir\nculation after having once been paid. \nrenewal note. A note that continues an obligation that \nwas due under a prior note. [Cases: Bills and Notes \nC:::> 138, 141.) \nsale note. A broker's memorandum on the terms of a \nsale. given to the buyer and seller. \nsavings note. A short-term, interest-bearing paper \nissued by a bank or the U.S. government. \nsecured note. A note backed by a pledge of real or \npersonal property as collateral. Also termed col-\nla teral note. \nself-canceling installment note. A debt obligation \nthat is automatically extinguished at the creditor's \ndeath. Any remaining balance on the note becomes \nuncollectible. Self-canceling notes are typically used \nin estate planning. -Abbr. SCIN. [Cases: Internal \nRevenue (::::-'4159(7).] \nserial note. See installment note. \nsold note. A written memorandum of sale delivered to \nthe seller by the broker responsible for the sale, and \nusu. outlining the terms of the sale. See CONFIRMA\nTION SLIP. \nstock note. A note that is secured by securities. such as \nstocks or bonds. \ntax-anticipation note. A short-term obligation issued \nby state or local governments to finance current \nexpenditures and that usu. matures once the local \ngovernment receives individual and corporate tax \npayments. -Abbr. TAN. [Cases: Municipal Corpo\nrations C=>908.] \ntime note. A note payable only at a specified time and \nnot on demand. -Also termed post note. [Cases: Bills \nand Notes 129.] \ntreasury note. See TREASURY NOTE. \nunsecured note. A note not backed by collateral. \n2. A scholarly legal essay shorter than an article and \nrestricted in scope, explaining or criticizing a par\nticular set of cases or a general area of the law, and \nusu. written by a law student for publication in a law \nreview. -Also termed comment; lawnote. Cf. ANNOTA\nTION. 3. A minute or memorandum intended for later \nreference; MEMORANDUM (1). \nbroker's note. A memorandum, usu. one authorizing a \nbroker to act as a principal's agent, that is prepared by \nthe broker and a copy given to the principal. [Cases: \nBrokers 12.] \nnote, vb. (13c) 1. To observe carefully or with particu\nlarity <the defendant noted that the plaintiff seemed nervous>. 2. To put down in writing <the court reporter \nnoted the objection in the record>. 3. Archaic. To brand \n<as punishment, the criminal was noted>. See NOTA. \nnote broker. See BROKER. \nnote of a fine. Hist. English law. A step in the judicial \nprocess for conveying land, consisting of a chirogra\npher's brief of the proceedings before the documents \nof conveyance are engrossed. Also termed abstract \nofafine. See FINE (1). \nnote of allowance. English law. A master's note, upon \nreceiving a party's memorandum of an error oflaw in \na case, allowing error to be asserted. \nnote of hand. See promissory note under NOTE (1). PI. \nnotes of hand. \nnote ofprotest. A notary's preliminary memo, to be for\nmalized at a later time, stating that a negotiable instru\nment was neither paid nor accepted upon presentment. \nSee PROTEST. [Cases: Bills and Notes (::::-\"408.J \nnote payable. See account payable under ACCOUNT. \nnote receivable. See account receivable under \nACCOUNT. \nno-term lease. Oil & gas. A mineral lease with a drilling\ndelay rental clause that allows the lessee to extend the \nprimary term indefinitely by paying delay rentals . \nNo-term leases were common at the end of the 19th \ncentury. Some courts refused to enforce them on the \nground that they created a mere estate at will, termi\nnable at the will ofeither the lessor or the lessee. Other \ncourts upheld them, but with the stipulation that the \nlessee had an obligation to either test or release the lease \nwithin a reasonable time. [Cases: Mines and Minerals \nC=>73.5,78.1(3).] \nnote verbal (noht vilr-bdl). Int'llaw. An unSigned dip\nlomatic note, usu. written in the third person, that \nsometimes accompanies a diplomatic message or note \nof protest to further explain the country's position or \nto request certain action. -Also spelled note verbale \n(vair-bahl). \nnot-for-profit corporation. See nonprofit corporation \nunder CORPORATION. \nnot found. Words placed on a bill ofindictment, meaning \nthat the grand jury has insufficient evidence to support \na true bill. See IGNORAMUS; NO BILL. Cf. TRUE BILL. \nnot guilty. (15c) 1. A defendant's plea denying the crime \ncharged. [Cases: Criminal Law C=>299.] 2. A jury \nverdict acquitting the defendant because the prosecu\ntion failed to prove the defendant's guilt beyond a rea\nsonable doubt. Cf. INNOCENT. \nnotguilty by reason ofinsanity. (1844) 1. A not -guilty \nverdict, based on mental illness, that usu. does not \nrelease the defendant but instead results in com\nmitment to a mental institution. [Cases: Criminal \nLaw (::::-;47; Homicide C=>817.) 2. A criminal defen\ndant's plea of not guilty that is based on the insanity \ndefense. -Abbr. NGRI. Also termed not guilty on \nthe ground ofinsanity. See INSANITY DEFENSE. [Cases: \nCriminal LawC:::>286.5.J \n\n1164 not-guilty plea \n3. Common-law pleading. A defendant's plea denying \nboth an act of trespass alleged in a plaintiff's declara\ntion and the plaintiff's right to possess the property \nat issue. \n\"In trespass, whether to person or property, the general \nissue is 'not guilty.' It operates in the first place as a denial \nthat the defendant committed the act of trespass alleged, \nto wit, the application of force to the plaintiff's person, the \nentry on his land, or the taking or damages of his goods. \nIt also denies the plaintiff's possession, title, or right of \npossession of the land or goods.\" Benjamin J Shipman, \nHandbook of Common-Law Pleading  170, at 307-08 \n(Henry Winthrop Ballantine ed., 3d ed. 1923). \nnot guilty by statute. Hist. Under certain acts of Par\nliament, the pleading form for a defendant's general \ndenial in a civil action . This pleading form allowed \na public officer to indicate action under a statute. \nThe officer had to write the words \"by statute\" in the \nmargin along with the year, chapter, and section of \nthe applicable statute, and the defendant could not file \nany other defense without leave ofcourt. The right to \nplead \"not guilty by statute\" was essentially removed \nby the Public Authorities Protection Act of 1893. \n4. A general denial in an ejectment action. [Cases: \nEjectment C=:=>68.] \n''The general issue in ejectment is not guilty. This plea \noperates as follows: (l) As a denial of the unlawfulness of \nthe withholding; i.e., of the plaintiff's title and right of pos\nsession. (2) All defenses in excuse or discharge, including \nthe statute of limitations, are available under the general \nissue in ejectment.\" Benjamin j. Shipman, Handbook of \nCommon-Law Pleading  188, at 333 (Henry Winthrop Bal\nlantine ed., 3d ed. 1923). \nnot-guilty plea. See PLEA (1). \nnothous (noh-thds), adj. Archaic. Spurious; illegiti\nmate. \nnothus (noh-thds), n. [Latin fro Greek nothos \"false\"] \nRoman law. An illegitimate child; one of base birth. \nIfthe child's mother was a Roman citizen, the child was \nalso a Roman citizen. -Also termed spurius. \nnotice, n. (16c) 1. Legal notification required by law or \nagreement, or imparted by operation oflaw as a result \nof some fact (such as the recording of an instrument); \ndefinite legal cognizance, actual or constructive, ofan \nexisting right or title <under the lease, the tenant must \ngive the landlord written notice 30 days before vacating \nthe premises> . A person has notice ofa fact or condi\ntion ifthat person (1) has actual knowledge ofit; (2) has \nreceived information about it; (3) has reason to know \nabout it; (4) knows about a related fact; or (5) is con\nsidered as having been able to ascertain it by checking \nan official filing or recording. [Cases: Constitutional \nLaw C=:=>251.6, 309; Notice C=:=> 1.] 2. The condition \nof being so notified, whether or not actual awareness \nexists <all prospective buyers were on notice of the \njudgment lien>. Cf. KNOWLEDGE. [Cases: Sales C=:=> \n235; Vendor and Purchaser C=:=>225.] 3. A written or \nprinted announcement <the notice of sale was posted \non the courthouse bulletin board>. \nactual notice. (18c) 1. Notice given directly to, or \nreceived personally by, a party. -Also termed express notice. [Cases: Notice C=:=> 1.5.] 2. Property. Notice \ngiven by open possession and occupancy of real \nproperty. [Cases: Vendor and Purchaser C=:=>232.] \nadequate notice. See due notice. \ncommercial-law notice. Under the UCC, notice of a \nfact arising either as a result of actual knowledge or \nnotification ofthe fact, or as a result ofcircumstances \nunder which a person would have reason to know of \nthe fact. UCC  1-201(25). [Cases: Sales C=:=>235.] \nconstructive notice. (18c) Notice arising by presump\ntion of law from the existence of facts and circum\nstances that a party had a duty to take notice of, such \nas a registered deed or a pending lawsuit; notice \npresumed by law to have been acquired by a person \nand thus imputed to that person. -Also termed legal \nnotice. [Cases: Notice C=:=>4; Vendor and Purchaser \nC=:=>229.] \ndirect notice. (17c) Actual notice ofa fact that is brought \ndirectly to a party's attention. -Also termed positive \nnotice. \ndue notice. (17c) Sufficient and proper notice that is \nintended to and likely to reach a particular person or \nthe public; notice that is legally adequate given the \nparticular circumstance. -Also termed adequate \nnotice; legal notice. \nexpress notice. (18c) Actual knowledge or notice given \nto a party directly, not arising from any inference, \nduty, or inquiry. See actual notice. [Cases: Notice C=:=> \n2.] \nfair notice. (17c) 1. Sufficient notice apprising a litigant \nofthe opposing party's"}
{"text": "fair notice. (17c) 1. Sufficient notice apprising a litigant \nofthe opposing party's claim. 2. The requirement that \na pleading adequately apprise the opposing party of \na claim . A pleading must be drafted so that an \nopposing attorney of reasonable competence would \nbe able to ascertain the nature and basic issues ofthe \ncontroversy and the evidence probably relevant to \nthose issues. 3. FAIR WARNING. [Cases: Federal Civil \nProcedure C=:=>673; Pleading C=:=>48.] \nimmediate notice. 1. Notice given as soon as possible. \n2. More commonly, and esp. on notice of an insur\nance claim, notice that is reasonable under the cir\ncumstances. [Cases: Insurance ~~3154.] \nimplied notice. (18c) Notice that is inferred from facts \nthat a person had a means of knowing and that is \nthus imputed to that person; actual notice offacts or \ncircumstances that, if properly followed up, would \nhave led to a knowledge of the particular fact in \nquestion. -Also termed indirect notice; presump\ntive notice. [Cases: Notice C=:=>3.] \nimputed notice. (1831) Information attributed to a \nperson whose agent, having received actual notice \nof the information, has a duty to disclose it to that \nperson. For example, notice of a hearing may be \nimputed to a witness because it was actually disclosed \nto that witness's attorney ofrecord. [Cases: Principal \nand Agent C=:=> 177(1).] \nindirect notice. See implied notice. \n\n1165 \ninquiry notice. (1945) Notice attributed to a person \nwhen the information would lead an ordinarily \nprudent person to investigate the matter further; \nesp., the time at which the victim of an alleged secu\nrities fraud became aware of facts that would have \nprompted a reasonable person to investigate. [Cases: \nNotice <>:)6; Vendor and Purchaser (;::::;229.] \njudicial notice. See JlJDICIAL NOTICE. \nlegal notice. 1. See constructive notice. 2. See due \nnotice. \nnotice by publication. See public notice. \npersonal notice. (17c) Oral or written notice, according \nto the circumstances, given directly to the affected \nperson. \npositive notice. See direct notice. \npresumptive notice. See implied notice. \npublic notice. (16c) Notice given to the public or \npersons affected, usu. by publishing in a newspaper of \ngeneral circulation . This notice is usu. required, for \nexample, in matters of public concern. Also termed \nnotice by publication. [Cases: Notice \nreasonable notice. Notice that is fairly to be expected or \nrequired under the particular circumstances. \nrecord notice. (1855) Constructive notice of the contents \nof an instrument, such as a deed or mortgage, that \nhas been properly recorded. [Cases: Vendor and Pur\nchaser (:='231.] \nshort notice. Notice that is inadequate or not timely \nunder the circumstances. \n4. Intellectual property. A formal sign attached to \nitems that embody or reproduce an intellectual \nproperty right.  Notice of patent is made by placing \nthe word \"patent\" Cor its abbreviation, \"pat.\") and the \nitem's patent number on an item made by a patentee \nor licensee. There are three statutory notice forms for \nU.S. trademark and servicemark registration. The most \ncommon is the symbol with the letter R C} but \"Reg. \nU.S. Pat. & Tm. Off.\" or \"Registered in U.S. Patent and \nTrademark Office\" affords the same legal protection. \nA copyright notice also takes several forms. The first \npart may be the symbol with the letter C in a circle \n(), or the word \"Copr.\" or \"Copyright.\" It must be \nfollowed by the copyright owner's name and the year \nthat the work was first published. Informal signs, such \nas \"Brand,\" \"TM,\" \"Trademark,\" \"SM,\" and \"Service \nMark,\" adjacent to words or other symbols considered \nto be protectable marks are not legal notices of exclusive \nrights. [Cases: Patents Trademarks C::c 1250.] \n5. Parliamentary law. A meeting's published call. See \ncall ofa meeting under CALL (1). 6. Parliamentary law. \nA formal statement that certain business may come \nbefore a meeting, usu. made at an earlier meeting or \npublished with the call of the meeting that will consider \nthe business, and made as a prerequisite to the busi\nness's consideration. See call ofa meeting under CALL \n(1). Also termed previous notice. notice of allowability \nnotice, vb. (15c) 1. To give legal notice to or of <the plain\ntiff's lawyer noticed depositions of all the experts that \nthe defendant listed>. 2. To realize or give attention to \n<the lawyer noticed that the witness was leaving>. \nnotice act. See NOTICE STATlJTE. \nnotice-and-comment period. Administrative law. The \nstatutory time frame during which an administrative \nagency publishes a proposed regulation and receives \npublic comment on the regulation. _ The regulation \ncannot take effect until after this period expires. \nOften shortened to comment period. [Cases: Admin\nistrative Law and Procedure C~J394,395.] \nnotice-and-comment rulemaking. See informal rule-\nmaking under RULEMAKING. \nnotice-based quorum. See QUORlJM. \nnotice by publication. See public notice under NOTICE. \nnotice doctrine. (1924) The equitable doctrine that when \na new owner takes an estate with notice that someone \nelse had a claim on it at the time of the transfer, that \nclaim may still be asserted against the new owner even \nifit might have been disregarded at law. -Also termed \ndoctrine ofnotice. \nnotice filing. The perfection of a security interest under \nArticle 9 of the DCC by filing only a financing state\nment, as opposed to a copy or abstract of the security \nagreement. .1be finanCing statement must contain (1) \nthe debtor's signature, (2) the secured party's name and \naddress, (3) the debtor's name and mailing address, and \n(4) a description of the types of, or items of, collateraL \n[Cases: Secured Transactions <8=>92.] \nnotice of abandonment. 1. The formal notification that \nan action will no longer be pursued, such as notice from \na plaintiff to a defendant that litigation will be non\nsuited. 2. Property. A formal announcement, usu. in \nwriting and recorded, that a person is relinquishing a \nclaim to personal or real property. 3. Patents. A written \ndeclaration from the United States Patent Office to a \npatent applicant that the application has been termi\nnated because the applicant failed to pursue prosecu\ntion. 4. Construction law. A builder's or contractor's \nannouncement that work on unfinished property is \nbeing discontinued. See ABANDONMENT. \nnotice-of-alibi rule. (1969) The principle that, upon \nwritten demand from the government, a criminal \ndefendant who intends to call an alibi witness at trial \nmust give notice of who that witness is and where the \ndefendant claims to have been at the time ofthe alleged \noffense . The government is, in turn, obligated to give \nnotice to the defendant of any witness it intends to call \nto rebut the alibi testimony. See Fed. R. Crim. P. 12.1. \n[Cases: Criminal Law <8=>629(9).] \nnotice ofallowability. Patents. Notification from the U.S. \nPatent and Trademark Office that at least one claim in a \npatent application has been approved on their merits. \n This notice is followed by the Notice of Allowance. \nThe notice may also be issued if at least one claim is \nallowable but the application is under a secrecy order. \n\n1166 notice of allowance \nIt may include examiner's amendments incorporating \nsome formal changes. [Cases: Patents C=:::> 104.] \nnotice of allowance. 1. Patents. The formal notification \nfrom the u.s. Patent and Trademark Office that a patent \napplication has been approved and that a patent can be \nissued. The patent itself is not issued until the appli\ncant has paid the issue fee. [Cases: Patents 104.] \n2. Trademarks. The formal notification from the U.S. \nPatent and Trademark Office that a trademark may be \nplaced on the Principal Register if it is actually used \nin commerce. \nnotice of appeal. (IBc) A document filed with a court \nand served on the other parties, stating an intention to \nappeal a trial court's judgment or order . In most juris\ndictions, filing a notice of appeal is the act by which the \nappeal is perfected. For instance, the Federal Rules of \nAppellate Procedure provide that an appeal is taken \nby filing a notice ofappeal with the clerk of the district \ncourt from which the appeal is taken, and that the clerk \nis to send copies of the notice to all the other parties' \nattorneys, as well as the court ofappeals. Fed. R. App. \nP. 3(a), (d). Also termed claim ofappeal. See APPEAL. \nAppeal and Error (~396-430; Criminal Law \nlOBI; Federal Courts G:::)665.1.] \nnotice of appearance. (1844) 1. Procedure. A party's \nwritten notice filed with the court or oral announce\nment on the record informing the court and the other \nparties that the party wants to participate in the case. \n[Cases: Appearance C=:::>6; Federal Civil Procedure \nC=:::>561.j2. Bankruptcy. A written notice filed with the \ncourt or oral announcement in open court by a person \nwho wants to receive all pleadings in a particular case. \n This notice is usu. filed by an attorney for a creditor \nwho wants to be added to the official service list. 3. A \npleading filed by an attorney to notify the court and \nthe other parties that he or she represents one or more \nparties in the lawsuit. -Abbr. NOA. \nnotice of completion. Construction law. A written and \nrecorded announcement that a building project is \nfinished, thereby limiting the time for filing mechanic's \nliens against the property . The time for filing a lien \nbegins to run when the notice of completion is filed. \n[Cases: Mechanics' Liens C=:::> 132(4).] \nnotice ofcopyright. See COPYRIGHT NOTICE. \nnotice ofdeficiency. See NINETY-DAY LETTER. \nnotice of dishonor. (1804) Notice to the indorser of \nan instrument that acceptance or payment has been \nrefused. This notice -along with presentment and \nactual dishonor -is a condition ofan indorser's sec\nondary liability. UCC  3-503(a). Also termed cer\ntificate ofprotest; certificate ofdishonor. [Cases: Bills \nand Notes C=:::>393, 411.1 \nnotice ofincomplete application. Patents. A notice sent \nto the applicant by the U.S. Patent and Trademark Office \nwhen a patent application lacks a required document or \nthe filing fee. The applicant generally has two months \nto complete the application, with an extension available upon payment ofa surcharge. [Cases: Patents \n104.) \nnotice oflis pendens. See LIS PENDENS (3). \nnotice ofmotion. (lSc) Written certification that a party \nto a lawsuit has filed a motion or that a motion will \nbe heard or considered by the court at a particular \ntime. Under the Federal Rules of Civil Procedure, \nthe requirement that a motion be made in writing is \nfulfilled ifthe motion is stated in a written notice of the \nhearing on the motion. Also, the courts in most juris\ndictions require all motions to include a certificate, usu. \nreferred to as a certificate of service, indicating that the \nother parties to the suit have been given notice of the \nmotion's filing. Notice ofany hearing or other submis\nsion of the motion must usu. be provided to all parties \nby the party requesting the hearing or submission. Fed. \nR. Civ. P. 5(d), 7(b)(l); Fed. R. Civ. P. Form 19. [Cases: \nFederal Civil Procedure C=:::>921; Motions IB.1.] \nnotice ofnonresponsibility. Construction law. A written \ndisclaimer that, ifposted conspicuously and recorded, \nrelieves a property owner from liability for work or \nmaterials used on the property without the owner's \nauthorization . It protects an owner against mechan\nic's liens that could arise when repairs or improvements \nare made by a tenant or other person in possession. \n[Cases: Mechanics' Liens C'~7S.] \nnotice of orders or judgments. (1854) Written notice \nof the entry ofan order or judgment, proVided by the \ncourt clerk or one of the parties . Notice ofa judgment \nis usu. provided by the clerk of the court in which the \njudgment was entered. Ifthe court does not provide \nnotice, a party is usu. required to provide it. Under the \nFederal Rules ofCivil Procedure and the Federal Rules \nof Criminal Procedure, the clerk is required to provide \nimmediate notice ofany order or judgment to any party \nto the case who is not in default. Fed. R. Civ. P. 77(d); \nFed. R. Crim. P. 49(c). [Cases: Federal Civil Procedure \n,~~'/.n.rn:Judgment C=:::>276; Motions \nnotice of pendency. See LIS PENDENS (3). \nnotice of prior-art references. Patents. Notification \nfrom a patent examiner of the previously issued patents \nused in rejecting one or more ofthe applicant's claims. \n[Cases: Patents G=>108.] \nnotice of protest. 1. A statement, given usu. by a \nnotary public to a drawer or indorser of a negotiable \ninstrument, that the instrument was neither paid \nnor accepted; information proVided to the drawer or \nindorser that protest was made for nonacceptance or \nnonpayment of a note or bill. See PROTEST (2). [Cases: \nBills and Notes G=40B.] 2. A shipowner's or crew's \ndeclaration under oath that damages to their vessel or \ncargo were the result of perils of the sea and that the \nshipowner is not liable for the damages. See PERIL OF \nTHE SEA. \nnotice of removal. (1892) The pleading by which the \ndefendant removes a case from state court to federal"}
{"text": ". \nnotice of removal. (1892) The pleading by which the \ndefendant removes a case from state court to federal \ncourt.  A notice of removal is filed in the federal \ndistrict court in the district and division in which the \n\n1167 \nsuit is pending. The notice must contain a short and \nplain statement of the grounds for removal and must \ninclude a copy ofall process, pleadings, and orders that \nhave been served on the removing party while the case \nhas been pending. The removing party must also notify \nthe state court and other parties to the suit that the \nnotice of removal has been filed. A notice of removal \nmust be filed, if at all, within 30 days after the defen\ndant is served with process in the suit. 28 {JSCA  1446; \nMurphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 \nU.S. 344, 119 S.Ct. 1322 (1999). [Cases: Removal of \nCases C~86, 87.} \nnotice of trial. (17c) A document issued by a court \ninforming the parties ofthe date on which the lawsuit \nis set for trial. _ While the court typically proVides the \nnotice to all parties, it may instead instruct one party \nto send the notice to all the others. [Cases: Federal Civil \nProcedure 1966; Trial (:=>6.} \nnotice pleading. See PLEADING (2). \nnotice-prejudice rule. A doctrine barring an insurer \nfrom using late notice as a reason to deny an insured's \nclaim unless the insurer can show that it was prejudiced \nby the untimely notice. [Cases: Insurance C:::>3168.J \nnotice-race statute. See RACE-NOTICE STATUTE. \nnotice statute. (1864) A recording act providing that \nthe person with the most recent valid claim, and who \npurchased without notice of an earlier, unrecorded \nclaim, has priority. _ About halfthe states have notice \nstatutes. Also termed notice act. Cf. RACE STATUTE; \nRACE-:l/OTICE STATUTE. [Cases: Vendor and Purchaser \n(:::::)2 3 L] \nnotice to admit. See REQUEST FOR ADMISSION. \nnotice to all the world. A general public announcement \nregarding a lawsuit, esp. to persons within the jurisdic\ntion where a lawsuit is pending. \nnotice to appear. (17c) A summons or writ by which a \nperson is cited to appear in court. -This is an informal \nphrase sometimes used to refer to the summons or \nother initial process by which a person is notified ofa \nlawsuit. The Federal Rules of Civil Procedure require \nthe summons to state that the defendant must appear \nand defend within a given time and that failure to do \nso will result in a default judgment. Fed. R. Civ. P. 4(a). \nSee PROCESS; SUMMONS; DEFAULT JUDGMENT; NOTICE \nTO PLEAD. \nnotice to creditors. Bankruptcy. A formal notice to credi\ntors that a creditors' meeting will be held, that proofs of \nclaim must be filed, or that an order for re1iefhas been \ngranted. [Cases: Bankruptcy (:=>2131.] \nnotice to pay rent or quit. See KOTICE TO QUIT. \nnotice to plead. (ISc) A warning to a defendant, stating \nthat failure to file a responsive pleading within a pre\nscribed time will result in a default judgment. -1he \nFederal Rules ofCivil Procedure require the summons \nto notify the defendant that failure to appear and \ndefend within a prescribed time will result in a default \njudgment. Fed. R. Civ. P. 4(a). See PROCESS; SUMMONS; notoriety \nDEFAULT JUDGMENT; NOTICE TO APPEAR. [Cases: \nPleading (:=>83; Process (:=>33.] \nnotice to produce. See REQUEST FOR PRODUCTION. \nnotice to quit. (18c) 1. A landlord's written notice \ndemanding that a tenant surrender and vacate the \nleased property, thereby terminating the tenancy. \n[Cases: Landlord and Tenant (:=>94, 116(2), 116(5), \n120(2).] 2. A landlord's notice to a tenant to pay any \nback rent within a specified period (often seven days) \nor else vacate the leased premises. -Also termed notice \nto pay rent or quit. \nnotification. (I5c) 1. Int'llaw. A formal announcement \nofa legally relevant fact, action, or intent, such as notice \nof an intent to withdraw from a treaty. 2. NOTICE. -A \nperson receives notification ifsomeone else (1) informs \nthe person of the fact or of other facts from which the \nperson has reason to know or should know the fact, or \n(2) does an act that, under the rules applicable to the \ntransaction, has the same effect on the legal relations \nofthe parties as the acquisition ofknowledge. Restate\nment ofAgency  9(2). \nnotify. vb. (l4c) 1. To inform (a person or group) in \nwriting or by any method that is understood <I notified \nthe court ofthe change in address>. 2. Archaic. To give \nnotice of; to make known <to notify the lawsuit to all \nthe defendants>. See NOTICE. \nnoting protest. See PROTEST (2). \nnot in order. See OUT OF ORDER (1). \nnotio (noh-shee-oh), n. [fr. Latin noscere \"to know\"] \n1. Roman law. An investigation of a case by a magis\ntrate. 2. Hist. The authority of a judge to try a case. PI. \nnotiones (noh-shee-oh-neez). \nnotitia (noh-tish-ee-a), n. [Latin \"knowledge\"]l. Roman \nlaw. Knowledge; information. -This term carried over \nfor a time into English practice. 2. Roman law. A list; \nregister; catalogue . The Notitia Dignitatum (dig-ni\ntay-tam) was a list of the high offices in the Eastern \nand Western parts of the empire, complied in the late \nfourth or early fifth century A.D. 3. Hist. Notice. 4. A \nlist ofecclesiastical sees. \nnot law. A judicial decision regarded as wrong by the \nlegal profession. \n\"Even when it is not possible to point out any decision \nthat affects the point in question in anyone of the ways \nenumerated, it sometimes happens that the profeSSion has \ngrown to ignore the old decision as wrong or obsolete: and \nthough this does not happen often, when it does happen, \nthe old deCision is very likely not to be followed in case the \npoint is squarely raised again. This is one of the instances \nin which lawyers rather mystically, though soundly, say that \na decision is 'not law,'\" William M. Lile et aI., BriefMaking \nand the Use ofLaw Books 329 (3d ed. 1914). \nnotorial. See NOTARIAL. \nnotoriety. (16c) 1. The state ofbeing generally, and often \nunfavorably, known and spoken of <the company exec\nutive achieved notoriety when she fled the country to \n. avoid paying taxes>. 2. A person in such a state <the \ni notoriety gave a rare interview>. \n\nnotorious, adj. (15c) 1. Generally known and spoken of, \nusu. unfavorably. 2. (Of the possession ofproperty) so \nconspicuous as to impute notice to the true owner. \nAlso termed (in sense 2) open and notorious. See \nADVERSE POSSESSION. [Cases: Adverse Possession (;:::; \n30.] \nnotorious cohabitation. See COHABITATION. \nnotorious insolvency. Scots law. A bankruptcy; the stage \nofinsolvency in which the debtor has publicly acknowl\nedged insolvency under the statute . This stage is usu. \nfollowed by sequestration, which is notorious insol\nvency coupled with the appointment of a trustee for \ncreditors. -Also termed notour bankruptcy. \n\"Bankruptcy, according to the law of Scotland, is public \nor notorious insolvency. When a debtor in an obligation \ncannot fulfil his obligation as undertaken ... a position \nwhich constitutes insolvency -and makes public acknowl\nedgment, in manner determined by statute, of his inabil\nity, the status or condition of bankruptcy has arisen, and \nthe insolvent debtor is, in the language of the statutes, a \n'notour' bankrupt .... The law of notour bankruptcy is \nmainly statutory. Legislation has fixed the circumstances \nwhich constitute the status, and determined all the most \nimportant results.\" George Watson, Bel/'s Dictionary and \nDigest of the Law ofScotland 78 (3d ed. 1882). \nnotorious possession. See POSSESSION. \nnot otherwise indexed by name. A phrase used in \nshipping and tariff construction, usu. to show a classi\nfication ofsomething generally rather than specifically. \n For example, a shipment ofaircraft and boat engines \nmerely labeled \"other articles\" is not otherwise indexed \nby name. -Abbr. NOlBN. [Cases: Carriers (;:::; 189.] \nnotour bankruptcy. See NOTORIOUS INSOLVENCY. \nnot possessed. Common-law pleading. In an action in \ntrover, the defendant's plea denying possession of the \narticles allegedly converted. See TROVER. \nnot proven. An archaic jury verdict -now used only in \nScots criminal law -equivalent in result to not guilty, \nbut carrying with it a strong suspicion ofguilt not fully \nproved. -Also termed Scotch verdict. \nnot satisfied. A form of return by a sheriff or constable, \non a writ ofexecution, indicating only that the amount \ndue on a judgment was not paid . A general return of \nthis type is usu. viewed as technically deficient because \nit does not state why the writ was not satisfied. Cf. \nNULLA BONA. [Cases: Execution (;:::;334.] \nnot sufficient funds. (1845) The notation of dishonor \n(of a check) indicating that the drawer's account does \nnot contain enough money to cover payment. -Abbr. \nNSF. -Also termed insufficient funds. \nnotwithstanding, prep. (15c) Despite; in spite of <not\nwithstanding the conditions listed above, the landlord \ncan terminate the lease if the tenant defaults>. \nn.o.v. abbr. NON OBSTANTE VEREDICTO. \nnova causa interveniens. See intervening cause under \nCAUSE (1). \nnova causa obligationis (noh-vd kaw-zd ahb-li-gay-shee\noh-nis). [Latin] Hist. A new ground of obligation. nova custuma (noh-vd kds-t[y]d-md), n. [Law Latin \n\"new custom\"] Hist. A tax; an imposition. Cf. ANTIQUA \nCUSTUMA. \nnova debita (noh-vd deb-i-td). [Latin] Scots law. New \ndebts, as distinguished from preexisting ones. \n\"A security granted by a debtor within sixty days of his \nbankruptcy for a debt contracted before that period is \nreducible as a fraudulent preference. But security or \npayment granted in consideration of a novum debitum \na debt presently contracted -is not reducible although \ngranted within the sixty days.\" John Trayner, Trayner's Latin \nMaxims 402 (4th ed. 1894). \nnovae narrationes (noh-vee nd-ray-shee-oh-neez), n. \n[Law Latin \"new counts or tales\"] Hist. A collection of \npleading forms published during the reign of Edward \nIII. \nnovalia (noh-vay-Iee-d). [Law Latin \"new lands\" or \n\"newly tilled land\"] Scots law. Land newly cultivated. \n Exemptions from paying teinds, or tithes, were some\ntimes granted for novalia. \nnova statuta (noh-vd Std-t[y]oo-td), n. pI. [Law Latin] \nHist. New statutes . This term refers to the statutes \npassed beginning with the reign of Edward III. Cf. \nVETERA STATUTA. \nnovation (noh-vay-shdn), n. (16c) 1. The act of sub\nstituting for an old obligation a new one that either \nreplaces an existing obligation with a new obligation \nor replaces an original party with a new party. A \nnovation may substitute (1) a new obligation between \nthe same parties, (2) a new debtor, or (3) a new creditor. \n2. A contract that (1) immediately discharges either a \nprevious contractual duty or a duty to make compensa\ntion, (2) creates a new contractual duty, and (3) includes \nas a party one who neither owed the previous duty nor \nwas entitled to its performance. -Also termed substi\ntuted agreement; (Scots law) innovation.; (Roman law) \nnovatio (noh-vay-shee-oh). See STIPULATIO AQUILI\nANA; substituted contract under CONTRACT; ACCORD \n(2). [Cases: Novation l.] -novate (noh-vayt or \nnoh-vayt), vb. -novatory (noh-vd-tor-ee), adj. \n\"Novation is the emerging and transfer of a prior debt into \nanother obligation either civil or natural, that is, the con\nstitution of a new obligation in such a way as to destroy a \nprior one.\" Ulpian, D.46.2.1 pro \n''The only way in which it is possible to transfer contractual \nduties to a third party is by the process of novation, which \nrequires the consent of the other party to the contract. In \nfact novation really amounts to the extinction of the old \nobligation, and the creation of a new one, rather than to \nthe transfer of the obligation from one person to another. \nThus if B owes A 100, and C owes B the same amount, B \ncannot transfer to C the legal duty of paying his debt to A \nwithout A's consent. But ifA agrees to accept C as a debtor \nin place of B, and if C agrees to accept A as his creditor in \nplace of B, the three parties may make a tripartite agree\nment to this effect, known as novation. The effect of this \nis to extinguish B's liability to A and create a new liability \non the part of c.\" P.S. Atiyah, An Introduction to the Law of \nContract 283 (3d ed. 1981). \n\"The word 'novation' is used in a variety of senses. Courts \nfrequently use it as synonymous with 'substit"}
{"text": "\"The word 'novation' is used in a variety of senses. Courts \nfrequently use it as synonymous with 'substituted contract.' \nMost academic writers and both contracts restatements, \nhowever, restrict its use to describe a substituted contract \ninvolving at least one obligor or obligee who was not a \n\nparty to the original contract .... The development of a \nseparate category under the rubric 'novation' is doubtless \ntraceable to problems of consideration formerly thought \nto be present in such contracts because of the former \ncommon law rule that consideration must be supplied by \nthe promisee. This rule has long been laid to rest almost \neverywhere.\" John D. Calamari &Joseph M. Perillo, The Law \nof Contracts  11-8, at 444-45 (3d ed. 1987). \nobjective novation. Civil law. A novation involving the \nsubstitution ofa new obligation for an old one. [Cases: \nNovation (;::::>4.] \nsubjective novation. Civil law. A novation involving the \nsubstitution of a new obligor for a previous obligor \nwho has been discharged by the obligee. \nnovel assignment. See new assignment under ASSIGN\nMENT (7). \nnovel disseisin (nov-al dis-see-zin), n. A recent dissei\nsin. See DISSEISIN; assize ofnovel disseisin under ASSIZE \n(8). \nNovellae (m-vel-ee). See NOVELS. \nNovellae Constitutiones. See NOVELS. \nNovellae Leonis (n<l-vel-ee lee-oh-nis), n. [Latin \"novels \nof Leo\"] A collection of 113 ordinances issued by \nEmperor Leo from A.D. 887-893. \nNovels. A collection of 168 constitutions issued by the \nRoman emperor Justinian and his immediate succes\nsors. Taken together, the Novels make up one offour \ncomponent parts of the Corpus Juris Civilis. Also \ntermed Novellae; Novellae Constitutiones. See CORPUS \nJURIS CIVILIS. \nnovelty. (14c) 1. Trade secrets. The newness of informa\ntion that is generally unused or unknown and that \ngives its owner a competitive advantage in a business \nfield. In the law of trade secrets, novelty does not \nrequire independent conception or even originality. \nA rediscovered technique with marketable applica\ntions can qualify as a novelty and be protected as a \ntrade secret. [Cases: Antitrust and Trade Regulation \n(;::::>413.]2. Patents. Newness of an invention both in \nform and in function or performance; the strict statu\ntory requirement that this originality be demonstrated \nbefore an invention is patentable. Proving novelty is \none purpose of the rigorous and expensive examination \nprocess. Ifthe invention has been previously patented, \ndescribed in a publication, known or used by others, or \nsold, it is not noveL 35 USC A  102. Cf. NONOBVIOUS\nNESS. [Cases: Patents \n\"Although the statute uses the words 'not known,' these \nare not to be taken literally. Novelty consists primarily in \nthe invention not having been used by others in the United \nStates or patented or described in any printed publication \nin this or any foreign country.\" Roger Sherman Hoar, Patent \nTactics and the Law 36-37 (3d ed. 1950). \nabsolute novelty. Patents_ The rule in most countries, \nbut not in the United States, that an inventor must \nalways file a patent application before the inven\ntion is publicly used, placed on sale, or disclosed. \nUnder U.S. law, an inventor is given a one-year grace \nperiod beginning on the date of any public use, \nsale, offer of sale, or publication by the inventor or the inventor's agent in which to file a patent appli\ncation. After that, the patent is barred. Canada and \nMexico also give the first inventor or the inventor's \nassignees a one-year grace period for filing, but they \nbar a patent for the first inventor if the invention is \nindependently developed and disclosed by someone \nelse during that time. -Also termed absolute-novelty \nrequirement. Cf. BAR DATE. \nnoverca (n<1-v;>r-kd), n. [Latin] A stepmother. \nnoverint universi per praesentes (noh-va-rant yoo-ni\nv;}r-SI p<lr pri-zen-teez). [Latin] Know all men by these \npresents. This is a formal phrase once found at the \nbeginning ofdeeds of release. In translation, the phrase \nstill sometimes appears on various types oflegal docu\nments. See KNOW ALL MEN BY THESE PRESENTS; PATEAT \nUNIVERSIS PER PRAESENTES. \nnovigild (noh-va-gild), n. [fro Latin novem \"nine\" + \nAnglo-Saxon gid orgeld \"a payment\"] Hist. The money \na person must pay for damaging another person's \nproperty, the amount equaling nine times the purchase \nprice of the property damaged. \nnov; operis nuntiatio (noh-VI ahp-<'I-ris ndn-shee\nay-shee-oh). [Latin \"new work protest\"] Roman law. \nA protest against an opus novum (\"new work\") . A \nperson whose rights were impaired by the building ofa \nnew structure could protest to the praetor. The praetor \ncould order the builder to give the protestor a security \nagainst any loss caused by the construction (edictum \nde novi operis nuntiatione). If the builder refused, the \npraetor could prohibit further construction with a pro\nhibitory interdict (interdictum de novi operis nuntia\ntione). Also written operis novi nuntiatio_ Cf. JACTUS \nLAPILLI. \nnoviter perventa (noh-v<l-t<lr p<lr-ven-tJ), n. pl. [Law \nLatin \"newly known\"] Eccles. law. Newly discovered \nfacts, which are usu. allowed to be introduced in a case \neven after the pleadings are closed. \nnovodamus (noh-vJ-day-m<ls), n. [Latin novo damus \n\"we grant anew\"] Scots law. 1. A clause in a charter \nthat progressively grants certain rights anew. The \nphrase appeared in reference to any charter by which \na superior renewed a previous land grant to a vassal. 2. \nA charter containing such a clause. \n'This clause is subjoined to the dispositive clause; and by \nit the superior, whether the Crown or a subject, grants de \nnovo the subjects, rights, or privileges therein described. \nSuch a clause is usually inserted where the vassal is \nsensible of some defect or flaw in the former right .. \nThis was also the correct form of proceeding. . when the \nvassal wished to get free of burdens chargeable upon the \nsubject for casualties due to the superior; for a charter of \nnovodamus is accounted in law an original right, which \nimports a discharge of all prior burdens.\" William Bell, Bell's \nDictionary and Digest of rhe Law of Scotland 747 (George \nWatson ed., 7th ed. 1890). \nnovus actus interveniens (noh-v<ls ak-tas in-tJr-vee-nee\nanz). See intervening cause under CAUSE (1). \nnovus homo (noh-vas hoh-moh), n. [Latin \"new man\"] \nHist. A man who has been pardoned for a crime. \n\nNOW. abbr. 1. NEGOTIABLE ORDER OF WITHDRAWAL. 2. \nNational Organization for Women. \nNOW account. See ACCOUNT. \nnow comes. See COMES NOW. \nnoxa (nok-s;l), n. [Latin \"injury\"] Hist. 1. Roman law. A \nharm done or an offense committed such as injury to \na person or property, esp. by a slave or son. This gave \nrise to noxal liability. 2. Roman law. The obligation to \npay for damage committed by a son, slave, or animal. \n The father or owner generally had to pay damages or \nelse surrender the tort feasor offending person or animal \nto the injured party (noxal surrender). -Also termed \nnoxal liability. See NOXAL ACTION. 3. An offense, gen\nerally. 4. The punishment for an offense. 5. Something \nthat exerts a harmful effect on the body. \nnoxal (nok-s;ll), adj. Archaic. Of or relating to a claim \nagainst a father or owner for damage done by a son, a \nslave, or an animal. \nnoxal action. [fro Latin actio noxalis \"injurious action\"] \n1. Roman law. The claim against an owner or father for \na tort committed by a son, a slave, or an animal.  The \nhead ofthe family could be sued either to pay a penalty \ndue or to surrender the tortfeasor to the injured party. \nRoman law also provided for the surrender ofanimals \nthat caused damage under the actio de pauperie. See \nactio de pauperie under ACTIO. 2. Hist. A person's claim \nto recover for damages committed by a person's son, \nslave, or animal. \nnoxal liability. See NOXA (2). \nnoxal surrender. See NOXA (2). \nnoxious (nok-sh;ls), adj. (ISc) 1. Harmful to health; \ninjurious. 2. Unwholesome; corruptive. 3. Archaic. \nGuilty. \nn.p. abbr. 1. NISI PRIUS. 2. NOTARY PUBLIC. \nNPL. abbr. NATIONAL PRIORITIES LIST. \nNPV. See net present value under PRESENT VALUE. \nNQDC. abbr. See nonqualified deferred-compensation \nplan under EMPLOYEE BENEFIT PLAN. \nNQSO. abbr. See nonqualified stock option under STOCK \nOPTION. \nn.r. abbr. 1. New reports. 2. Not reported. 3. NONRESI\nDENT. \nNRC. abbr. NUCLEAR REGULATORY COMMISSION. \nNRCS. abbr. NATURAL RESOURCES CONSERVATION \nSERVICE. \nNRPC. abbr. NATIONAL RAILROAD PASSENGER CORPO\nRATION. \nn.s. abbr. 1. New series . This citation form indicates \nthat a periodical has been renumbered in a new series. \n2. NEW STYLE. \nNSA. abbr. NATIONAL SECURITY AGENCY. \nNSC. abbr. NATIONAL SECURITY COUNCIL. \nNSF. abbr. 1. NATIONAL SCIENCE FOUNDATION. 2. NOT \nSUFFICIENT FUNDS. NSL. abbr. See NATIONAL-SECURITY LETTER. \nNSPA. abbr. NATIONAL STOLEN PROPERTY ACT. \nNTB. abbr. NONTARIFF BARRIER. \nNTIA. abbr. NATIONAL TELECOMMUNICATIONS AND \nINFORMATION ADMINISTRATION. \nNTID. abbr. NATIONAL TECHNICAL INSTITUTE FOR THE \nDEAF. \nNTIS. abbr. National Technical Information Service. See \nTECHNOLOGY ADMINISTRATION. \nNTM. abbr. NONTARIFF MEASURE. \nNTSB. abbr. NATIONAL TRANSPORTATION SAFETY \nBOARD. \nnubilis (n[y]oo-b;l-lis), n. [Latin \"marriageable\"] Civil \nlaw. A person, esp. a girl, who is old enough to be \nmarried. \nnuclear-nonproliferation treaty. See nonproliferation \ntreaty under TREATY (1). \nNuclear Regulatory Commission. An independent \nfederal agency that licenses and regulates civilian use \nof nuclear energy. The agency was created by the \nEnergy Reorganization Act of 1974. Executive Order \n11834 of 1975 gave it additional functions previously \nperformed by the Atomic Energy Commission. -\nAbbr. NRC. [Cases: Environmental Law C=>481, 484, \n48S, 487, 492.] \nnuda detentio (n[y]oo-d;l di-ten-shee-oh). [Latin] See \npossessio naturalis under POSSESSIO. \nnuda patientia (n[y]oo-d;l pash-ee-en-shee-;l). [Latin] \nMere sufferance . In a servitude, the servient estate \nowner's obligation is one of mere sufferance because, \nwhile the owner has to submit to the dominant estate, \nthe owner does not have to take any positive steps \n(such as fixing a sidewalk) to enhance the exercise of \nthe dominant servitude. \nnuda possessio (n[y]oo-d;l p;l-zes[h]-ee-oh). [Latin] \nMere possession. \nnude, adj. (ISc) 1. Naked; unclothed. 2. Lacking in con\nsideration or in some essential particular. See NUDUM \nPACTUM. 3. Mere; lacking in description or specifica\ntion. \nnude contract. See NUDUM PACTUM. \nnude matter. A mere allegation. \n\"[Nlude matter is not of so high nature, as either a mater \nof Record or a speciality, otherwise there called mater in \ndeede; which maketh mee to thinke, that nude mater is \na naked allegation of a thing done, to be proved only by \nwitnesses, and not either by Record, or other speciality in \nwriting vnder seale.\" John Cowell, The Interpreter (1607). \nnude pact. See NUDUM PACTUM. \nnudum dominium (n[y]oo-d;lm d;l-min-ee-;lm). See \nDOMINIUM. \nnudum officium (n[y]oo-d;lm ;l-fish-ee-;lm). [Latin] Scots \nlaw. The bare office, without the usual emoluments. PI. \nnuda officia. \n\nnudum pactum (n[y]oo-dam pak-tam). [Latin \"bare \nagreement\"] (I7c) 1. Roman law. An informal agree\nment that is not legally enforceable, because it does not \nfall within the specific classes of agreements that can \nsupport a legal action. _ But a pactum could create an \nexception to or modification ofan existing obligation. \n2. An agreement that is unenforceable as a contract \nbecause it is not \"clothed\" with consideration. Also \ntermed naked contract; nude contract; nude pact. \n[Cases:"}
{"text": "\"clothed\" with consideration. Also \ntermed naked contract; nude contract; nude pact. \n[Cases: Contracts ~47,54(1).] \nnugatory (n[y]oo-ga-tor-ee), adj. (17c) Of no force or \neffect; useless; invalid <the Supreme Court rendered the \nstatute nugatory by declaring it unconstitutional>. \nnuisance. (l4c) 1. A condition, activity, or situation (such \nas a loud noise or foul odor) that interferes with the \nuse or enjoyment of property; esp., a nontransitory \ncondition or persistent activity that either injures the \nphYSical condition of adjacent land or interferes with \nits use or with the enjoyment of easements on the land \nor of public highways. _ Liability might or might not \narise from the condition or situation. -Formerly also \ntermed annoyance. [Cases: Nuisance ~1-4.] \n\"A nuisance may be merely a right thing in the wrong place, \nlike a pig in the parlor instead of the barnyard.\" Vii/age of \nEuclid v. Amber Realty Co.. 272 U.S. 36S, 388,47 S.Ct. 114, \n118 (1926). \n\"A 'nuisance' is a state of affairs. To conduct a nuisance is \na tort. If! torts, the word 'nuisance' has had an extremely \nelastic meaning; sometimes it is little more than a pejora \ntive term, a weasel word used as a substitute for reason\ning.... The general distinction between a nuisance and a \ntrespass is that the trespass flows from a phySical invasion \nand the nuisance does not.\" Roger A. Cunningham et aI., \nThe Law of Property  7.2, at 417 (2d ed. 1993). \n2. Loosely, an act or failure to act resulting in an inter\nference with the use or enjoyment of property. -In \nthis sense, the term denotes the action causing the \ninterference, rather than the resulting condition <the \nSlocums' playing electric guitars in their yard consti\ntuted a nuisance to their neighbors>. [Cases: Nuisance \n61.] \n'There is perhaps no more impenetrable jungle in the \nentire law than that which surrounds the word 'nuisance.' \nIt has meant all things to all people, and has been applied \nindiscriminately to everything from an alarming advertise\nment to a cockroach baked in a pie.\" Prosser and Keeton \non the Law of Torts  86, at 616 (W. Page Keeton ed., 5th \ned. 1984). \n3, 1be class oftorts arising from such conditions, acts, \nor failures to act when they occur unreasonably. -Also \ntermed actionable nuisance. [Cases: Nuisance (;::=03, \n61.] \n\"Nuisance is really a field of tortious liability rather than a \nsingle type of tortious conduct: the feature which gives it \nunity is the interest invaded that of the use and enjoy\nment of land. The tort emphasises the harm to the plaintiff \nrather than the conduct of the defendant.\" R.F.v. Heu5ton, \nSalmond on the Law of Torts 50-S1 (17th ed. 1977). \nabatable nuisance. (1871) 1. A nuisance so easily \nremovable that the aggrieved party may lawfully cure \nthe problem without notice to the liable party, such as \noverhanging tree branches. [Cases: Nuisance (;::;>19.] 2. A nuisance that reasonable persons would regard \nas being removable by reasonable means. \nabsolute nuisance. (18c) 1. Interference with a property \nright that a court considers fixed or invariable, such as \na riparian owner's right to use a stream in its natural \ncondition. [Cases: Nuisance 2. See nuisance \nper se. 3. Interference in a place where it does not rea\nsonably belong, even ifthe interfering party is carefuL \n4. Interference for which a defendant is held strictly \nliable for resulting harm, esp. in the nature of pollu\ntion. Cf. qualified nuisance. \nSense (4) has been disapproved: \"[Tlhe use of the term \n'nUisance' to describe the tort liability that sometimes \nresults from accidental invasions produces too much con\nfusion.\" Prosser and Keeton on the Law ofTorts  89, at 637 \n(W. Page Keeton ed., Sth ed. 1984). \nanticipatory nuisance. A condition that, although not \nyet at the level of a nuisance, is very likely to become \none, so that a party may obtain an injunction pro\nhibiting the condition. -Also termed prospective \nnuisance. [Cases: Nuisance \nattractive nuisance. (1901) A dangerous condition that \nmay attract children onto land, thereby causing a risk \nto their safety. See ATTRACTIVE-NUISANCE DOCTRINE. \nCf. ALLUREMENT.; dangerous condition (2) under CON\nDITION (4). [Cases: Negligence ~1l72, 1175.] \n\"[TJhe doctrine acquired the unfortunate misnomer 'attrac\ntive nuisance,' a label which persists to this day. It cannot \nbe taken literally, since the courts have now largely rejected \nthe notion that the child must be attracted by that which \ninjures him. and whether or not the condition is in fact a \n'nuisance' has nothing at all to do with defendant's liability \nto the child.\" Edward J. Kionka, Torts in a Nutshell 89 (2d \ned. 1992). \ncognate nuisance. Rare. Interference with an ease\nment. \n\"The term nuisance is applied to torts of two distinct \ngroups, first, acts of wrongful user by an owner or pos\nsessor of land reSUlting in an unreasonable interference \nwith the rights of enjoyment of the owner or possessor of \nneighboring land, and, second, wrongful interferences WIth \neasements or other incorporeal rights,\" William F. Walsh, A \nTreatise on Equity 170 (1930). \n\"When an easement was interfered with, an action on the \ncase lay as a matter of course.... Such an interference is \nsometimes called 'cognate nuisance' to distinguish it from \ninterferences with the personal enjoyment of the incidents \nof occupying the land.\" J.H. Baker, An Introduction to English \nLegal History 486 (3d ed. 1990). \ncommon nuisance. See public nuisance. \ncontinuing nuisance. (1837) A nuisance that is either \nuninterrupted or frequently recurring. -It need not \nbe constant or unceasing, but it must occur often \nenough that it is almost continuous. [Cases: Nuisance \n(;::=04, 19.] \nlegalized nuisance. A nuisance sanctioned by legisla\ntive, executive, or other official action and therefore \nimmune from liability, such as a city park. \nmixed nuisance. (1894) A condition that is both a \nprivate nuisance and a public nuisance, so that \nit is dangerous to the community at large but also \n\ncauses particular harm to private individuals. [Cases: \nNuisance ~72.] \nnuisance at law. See nuisance per se. \nnuisance dependent on negligence. See qualified \nnuisance. \nnuisance in fact. (1855) A nuisance existing because \nof the circumstances of the use or the particular \nlocation. For example, a machine emitting high\nfrequency sound may be a nuisance only ifa person's \ndog lives near enough to the noise to be disturbed by \nit. -Also termed nuisance per accidens. \nnuisance per se (p;)r say). (186) Interference so severe \nthat it would constitute a nuisance under any circum\nstances; a nuisance regardless oflocation or circum\nstances of use, such as a leaky nuclear-waste storage \nfacility. -Also termed nuisance at law; absolute \nnuisance. [Cases: Nuisance ~4.] \npermanent nuisance. (18c) A nuisance that cannot \nreadily be abated at reasonable expense. Cf. tempo\nrary nuisance. [Cases: Nuisance ~1, 4.] \nprivate nuisance. (I8c) A condition that interferes \nwith a person's enjoyment of property; esp., a struc\nture or other condition erected or put on nearby land, \ncreating or continuing an invasion ofthe actor's land \nand amounting to a trespass to it . The condition \nconstitutes a tort for which the adversely affected \nperson may recover damages or obtain an injunction. \n[Cases: Nuisance ~1.] \n\"Trespass and private nuisance are alike in that each is a \nfield of tort liability rather than a single type of tortious \nconduct. In each, liability may arise from an intentional \nor an unintentional invasion. For an intentional trespass, \nthere is liability without harm; for a private nuisance, \nthere is no liability without significant harm.... In private \nnuisance an intentional interference with the plaintiff's use \nor enjoyment is not of itself a tort, and unreasonableness \nof the interference is necessary for liability.\" Restatement \n(Second) of Torts  8210 cmt. d (1979). \n\"The different ways and combinations of ways in which the \ninterest in the use or enjoyment of land may be invaded \nare infinitely variable. A private nuisance may consist of an \ninterference with the physical condition of the land itself, \nas by vibration or blasting which damages a house, the \ndestruction of crops, flooding, raising the water table, \nor the pollution of a stream or of an underground water \nsupply.\" W. Page Keeton et aI., Prosser and Keeton on the \nLaw of Torts  87, at 619 (W. Page Keeton ed., 5th ed. \n1984). \nprospective nuisance. See anticipatory nuisance. \npublic nuisance. (17c) An unreasonable interference \nwith a right common to the general public, such as \na condition dangerous to health, offensive to com\nmunity moral standards, or unlawfully obstructing \nthe public in the free use of public property . Such \na nuisance may lead to a civil injunction or criminal \nprosecution. -Also termed common nuisance. \n[Cases: Nuisance ~59-96.] \n\"Public and private nuisances are not in reality two species \nof the same genus at all. There is no generic conception \nwhich includes the crime of keeping a common gaming\nhouse and the tort of allOWing one's trees to overhang \nthe land of a neighbour. A public nuisance falls within the law of torts only in so far as it may in the particular \ncase constitute some form of tort also. Thus the obstruc\ntion of a highway is a public nuisance; but if it causes any \nspecial and peculiar damage to an individual, it is also a \ntort actionable at his suit.\" R.F.v. Heuston, Salmond on the \nLaw of Torts 49-50 (17th ed. 1977). \n\"[Plublic nuisance ... is an amorphous and unsatisfac\ntory area of the law covering an ill-assorted collection of \nwrongs, some of which have little or no association with \ntort and only appear to fill a gap in criminal law. Others \ncover what could be generally described as 'noisome trade,' \nwhich could be dealt with under some form of statutory \nnuisance. Yet a third group deals with what we would gen\nerally describe as 'abuses of the highway' ....\" R.w.M. Dias \n& B.S. Markesinis, Tort Law 254 (1984). \nqualified nuisance. (1944) A condition that, though \nlawful in itself, is so negligently permitted to exist \nthat it creates an unreasonable risk of harm and, in \ndue course, actually results in injury to another.  \nIt involves neither an intentional act nor a hazard\nous activity. -Also termed nuisance dependent on \nnegligence. Cf. absolute nuisance. [Cases: Nuisance \n~1,6,59.] \nrecurrent nuisance. A nuisance that occurs from time \nto time with distinct intervals between occurrences, \nrather than being continuous or only briefly inter\nrupted. \ntemporary nuisance. (1879) A nuisance that can be cor\nrected by a reasonable expenditure ofmoney or labor. \nCf. permanent nuisance. [Cases: Nuisance ~4,19.] \nnuisance money. See nuisance settlement under SETTLE\nMENT (2). \nnuisance per accidens. See nuisance in fact under NUI\nSANCE. \nnuisance prior art. See ART. \nnuisance settlement. See SETTLEMENT (2). \nnuke. Slang. See DENIAL-OF-SERVICE ATTACK. \nnul (n;)l). [Law French] No; none. This negative particle \nbegins many phrases, such as nul tiel. \nnul agard (n;)} ;)-gahrd), n. [Law French \"no award\"] In \nan action to enforce an arbitration award on an arbitra\ntion bond, a plea denying the existence of the award. \nCf. AGARD. \nnul disseisin (n;}} dis-see-zin). [Law French \"no dissei\nsin\"] In a real action, a defendant's plea that the plain\ntiff was not deprived ofthe possession ofany land and \ntenements. See DISSEISIN. \nnulfait agard (n;)l fay;)-gahrd). [Law French] No award \nwas made. Cf. AGARD. \nnull, adj. (16c) Having no legal effect; without binding \nforce; VOID <the contract was declared null and void>. \n The phrase null and void is a common redundancy. \n[Cases: Contracts ~98, 135.] \nnulla bona (n;J}-;) boh-n;)). [Latin \"no goods\"] (I8c) A \nform ofreturn by a sheriff or constable upon an execu\ntion when the judgment debtor has no seizable property \nwithin the jurisdiction. Cf. NIHIL EST. [Cases: Execu\ntion~334.] \n\nnulla persona (nal-.:l p.:lr-soh-n.:l). [LatinI Hist. No person. \n-The phrase appeared in reference to the status ofone \nwho essentially has no legal rights usu. because ofthat \nperson's actions, such as committing a crime, or that \nperson's status, such as being a minor. \nnulla poena sine lege (nal-J pee-nJ sl-nee lee-jee or \nsin-ay lay-gay). [Latin] No punishment without a law"}
{"text": "nJ sl-nee lee-jee or \nsin-ay lay-gay). [Latin] No punishment without a law \nauthorizing it. \nnulla sasina, nulla terra (ua!-J say-si-nJ [or say-zi-J, \nnal-J ter-J). [Law Latin] Scots law. No seisin (or enfeoff\nment), no land. _ The phrase appeared in reference to \nthe principle that there could be no indefeasible right \nin land until an enfeoffment was taken. \nnullification (ml-i-fi-kay-shJn), n. (18c) 1. The act of \nmaking something void; specif., the action of a state \nin abrogating a federal law, on the basis of state sover\neignty. [Cases: States 04.1(1).] 2. The state or condi\ntion of being void. See JURY NULLIFICATION. \nuullification doctrine. The theory espoused by \nsouthern states before the Civil War advocating a \nstate's right to declare a federal law unconstitutional \nand therefore void. \nnullify, vb. To make void; to render invalid. \nnullity (nal-J-tee). (16c) 1. Something that is legally void \n<the forged commercial transfer is a nullity>. [Cases: \nContracts C-~'98, 135.] 2. The fact ofbeing legally void \n<she filed a petition for nullity of marriage>. \nabsolute nullity. Civil law. 1. An act that is void because \nit is against public poHcy, law, or order. -The nullity \nis noncurable. It may be invoked by any party or by \nthe court. See La. Civ. Code arts 7, 2030. 2. The state \nof such a nullity. See NULLITY OF MARRIAGE. \nrelative nullity. Civil law. 1. A legal nullity that can \nbe cured by confirmation because the object of the \nnullity is valid. The nullity may be invoked only by \nthose parties for whose interest it was established. See \nLa. Civ. Code art. 2031. 2. The state of such a nullity. \nnullity of marriage. 1. The invalidity of a presumed or \nsupposed marriage because it is void on its face or has \nbeen voided by court order. A void marriage, such \nas an incestuous marriage, is invalid on its face and \nrequires no formality to end. See void marriage under \nMARRIAGE (1). [Cases: Marriage 1, 54(1), 58.] \n'The declaration of nullity is appropriate if the marriage is \nrelatively null or absolutely null yet one or both spouses \nwere in good faith. If the marriage is relatively null, civil \neffects flow until the declaration of nullity. On the other \nhand, the marriage that is absolutely null generally \nproduces civil effects only if one or both of the spouses \nwere in good faith and only so long as good faith lasts.\" 16 \nKatherine S. Spaht & W. Lee Hargrave, Louisiana Civil Law \nTreatise: Matrimonial Regimes  7.6, at 348 (2d ed. 1997). \n2. A suit brought to nullify a marriage. Also termed \nnullity suit. See ANNULMENT. [Cases: Marriage \n56.J \nnullity suit. See NULLITY OF MARRIAGE (2). nullius filius (nJ-h-Js fil-ee-Js), n. [Latin \"son of no \none\") An illegitimate child. [Cases: Children Out-of\nWedlock \"pI, 84-89.} \nnullius in bonis (nJ-h-Js in bob-nis), adj. [Latin \"among \nthe property ofno person\"} Hist. Belonging to no one . \nWild animals were considered to be nullius in bonis. \nAlso termed in nullius bonis. \nnullius juris (nJ-h-Js joor-is). [Latin} Hist. Of no legal \nforce. \nnullum arbitrium (nal-Jm ahr-bi-tree-<lm), n. [Law \nLatin \"no decision\"] Hist. In an action to enforce an \narbitration bond, a plea denying the existence of an \narbitration award. \nnullum est erratum (nal-Jm est J-ray-tJm), n. [Latin \n\"there is no error in the record\"] In response to an \nassignment of error, the common plea that there is no \nerror in the record . The effect ofthe plea is essentially \nto admit well-pleaded facts. \nnullum fecerunt arbitrium (nal-<lm fJ-see-rJnt ahr-bi\ntree-Jm). [Latin \"they never submitted to arbitration\"] \nHist. In an action to enforce an arbitration award, the \ndefendant's plea denying that there had been an arbi\ntration. \nNullum Tempus Act (nal-dm tem-pJs akt), n. [Latin) \nHist. English law. The Crown Suits Act of 1769 \n(amended in 1862) that limited the Crown's time to sue, \nin land and other specified matters, to 60 years. -The \nstatute altered the common-law rule of nul/urn tempus \naut locus occurrit regi (\"no time or place affects the \nCrown\"), which was based on the idea that the Crown \nwas too busy with governmental affairs to timely attend \nto its legal affairs. \nUI.411um tempus occurrit reipublicae (nal-Jm tem-p<ls \nJ-kar-it ree-I-pab-l<l-see), n. [Latin \"no time runs \nagainst the state\") The principle that a statute oflimi\ntations does not apply to a commonwealth or state \nunless a statute specifically proVides that it does. \nThe purpose ofthe rule is to fully protect public rights \nand property from injury. [Cases: Limitation of Actions (>n.] \nnul tiel (ml teel). [Law Latin] No such . This phrase \ntypically denotes a plea that denies the existence of \nsomething. \nnul tiel corporation, n. [Law French \"no such corpora\ntion exists\") A plea denying the existence ofan alleged \ncorporation . The defense of nul tiel c01-poration must \nusu. be affirmatively pleaded by a defendant before a \nplaintiff is required to prove its corporate existence. \n[Cases: Corporations (,=)514.] \nnul tiel record, n. [Law French \"no such record\") A plea \ndenying the existence ofthe record on which the plain\ntiff bases a claim . Evidence may generally be intro\nduced to invalidate the record only, not the statements \nin the record. See trial by record under TRIAL. [Cases: \nJudgment <::-~914.1 \n\"The proper general issue in debt on judgments is 'nul tiel \nrecord: which denies the existence of the record alleged. \nNul tiel record sets up: (1) the defense either that there \n\nis no record at all in existence; or (2) one different from \nthat which the defendant has declared of; or (3) that the \njudgment is void on the face of the record.\" Benjamin J. \nShipman, Handbook ofCommon-Law Pleading  186, at 330 \n(Henry Winthrop Ballantine ed., 3d ed. 1923). \nnul tort (n;ll tort), n. [Law French \"no wrong\"] Hist. A \ntype of general denial in an action to recover lands \nand tenements, by which the defendant claims that no \nwrong was done. See NUL DISSEISIN. \n\"The general issue, or general plea, is what traverses, \nthwarts, and denies at once the whole declaration; without \noffering any special matter whereby to evade it .... III \nn real actions, nul tort, no wrong done; nul disseisin, no \ndisseisin; and in a writ of right, that the tenant has more \nright to hold than the demandant has to demand. These \npleas are called the general issue, because, by importing \nan absolute and general denial of what is alleged in the \ndeclaration, they amount at once to an issue; by which \nwe mean a fact affirmed on one side and denied on the \nother.\" 3 William Blackstone, Commentaries on the Laws of \nEngland 305 (1768). \nnul waste (n;ll wayst), n. [Law French \"no waste\"] Hist. \nThe defendant's general denial in an action to recover \ndamages for the destruction of lands and tenements. \nSee NUL TORT. \nnumber lottery. See Genoese lottery under LOTTERY. \nnumbers game. A type oflottery in which a person bets \nthat on a given day a certain series of numbers will \nappear from some arbitrarily chosen source, such as \nstock-market indexes or the U.S. Treasury balance . \nThe game creates a fund from which the winner's share \nis drawn and is subject to regulation as a lottery. Cf. \nNUMBERS RACKET. [Cases: Lotteries C=>3.] \nnumbers racket. An illegal lottery in which the players \ntypically choose a series of numbers and win if their \nchosen numbers match a series of randomly drawn \nnumbers. Numbers rackets have historically been \noperated in poor neighborhoods and have permitted \nplayers to bet small amounts or even to bet on credit. \nAn additional element of their historical attraction \nwas the players' avoidance of paying income tax on \nwinnings. Numbers rackets are often associated with \norganized crime, and because of their odds (about \n1:1,000), they are noted for being rigged and making \nlarge profits for racketeers. Cf. NUMBERS GAME. [Cases: \nLotteries C=>25.] \nnumerata pecunia (n[y]oo-m;l-ray-t;l pi-kyoo-nee-;l), n. \n[Latin] Hist. Money counted or paid. \nnumerical lottery. See Genoese lottery under LOTTERY. \nnumerosity (n[y]oo-m;lr-ahs-;l-tee). (1958) The require\nment in U.S. district courts that, for a case to be certi\nfied as a class action, the party applying for certification \nmust show, among other things, that the class ofpoten\ntial plaintiffs is so large that the joinder of all of them \ninto the suit is impracticable. See CLASS ACTION. [Cases: \nFederal Civil Procedure C=> 163.] \nnummata (n;l-may-t;l), n. [Law Latin \"money\"] The \nmonetary price ofsomething. \nnummata terrae (n;l-may-t;l ter-ee), n. [Law Latin] Hist. \nAn acre ofland. nummi pupillares (nam-I Pyoo-p;l-lair-eez). [Latin] \nScots law. Money belonging to a pupil. \nnunciato (n;ln-shee-ay-toh). See NUNTIATIO. \nnuncio (n;ln-shee-oh), n. [Italian, fr. Latin nunciare \"to \nannounce\"] 1. A papal ambassador to a foreign court \nor government; a representative of the Vatican in a \ncountry that maintains diplomatic relations with it. \nAlso termed nuncius; nuntio. Cf. legatus a latere under \nLEGATUS; INTERNUNCIO (3); LEGATE (3). 2. Archaic. A \nmessenger. \nnunc pro tunc (n;lngk proh t;lngk or nuungk proh \ntuungk). [Latin \"now for then\"] Having retroactive \nlegal effect through a court's inherent power <the court \nentered a nunc pro tunc order to correct a clerical error \nin the record>. [Cases: Judgment C=>273, 326; Motions \nC=>54.] \n\"When an order is signed 'nunc pro tunc' as of a specified \ndate, it means that a thing is now done which should have \nbeen done on the specified date.\" 35A c.J.S. Federal Civil \nProcedure  370, at 556 (1960). \nnunc pro tunc amendment. See AMENDMENT (2). \nnunc pro tunc judgment. See JUDGMENT. \nnuncupare (n;lng-kyuu-pair-ee), vb. [Latin \"call by \nname\"] Hist. To name or pronounce orally. Nun\ncupare heredem means to name an heir before public \nwitnesses. \nnuncupate (n;mg-kY;l-payt), vb. [fro Latin nuncupare \"call \nby name\"] 1. Hist. To designate or name. 2. To vow or \ndeclare publicly and solemnly. 3. To declare orally, as \na will. 4. To dedicate or inscribe (a work). \nnuncupative (nang-kY;l-pay-tiv or n;lng-kyoo-p;l-tiv), \nadj. [fr. Latin nuncupare \"to name\"] (15c) Stated by \nspoken word; declared orally. \nnuncupative testament by public act. See nuncupative \nwill by public act under WILL. \nnuncupative will. See WILL. \nnuncupative will by public act. See WILL. \nnunc valent et quantum valuerunt tempore pads (mngk \nvay-lent et kwon-t;lm val-yoo-er-;lnt tem-p;l-ree pay\nsis). [Latin] Scots law. The value (of the lands) now, and \ntheir value in time ofpeace. This was the object ofan \ninquiry formerly made in an inquest to assess the value \noflands for taxation purposes. \nnundinae (nan-d;l-nee), n. [fro Latin novem \"nine\" + \ndies\"day\"] 1. Roman law. A fair or market. 2. Roman \nlaw. The period between two consecutive markets (usu. \neight days), including the market days. This period \nwas often fixed for the payment ofdebts. \nnundination (n;ln-di-nay-sh;ln), n. [fro Latin nundinatio \n\"the holding of a market or fair\"] Hist. The act of buying \nor selling at a fair. \nnunquam indebitatus (n<ln[g]-kwam in-deb-i-tay-t;ls), \nn. [Latin \"never indebted\"] Hist. A defensive plea in a \ndebt action, by which the defendant denies any indebt\nedness to the plaintiff. Cf. CONCESSIT SOLVERE. \n\n1175 \nnuntiatio (n~n-shee-ay-shee-oh), n. [Latin \"a declara\ntion\"] Hist. A formal declaration or protest. - A nun\ntiatio novi operiis was an injunction placed on the \nconstruction of a new building by the person protest\ning the construction. -Also spelled nunciato. \nnunt"}
{"text": "placed on the \nconstruction of a new building by the person protest\ning the construction. -Also spelled nunciato. \nnuntio. See NUNCIO. \nnuntius (n;m-shee-~s), n. [Latin] \"bearer of news\"] 1. \nRoman law. A messenger. -Declarations through a \nmessenger were usu. as valid as those by letter. 2. Hist. A \nmessenger sent to make an excuse for a party's absence \nin court. 3. Hist. An officer ofthe court. -Also termed \nsummoner; beadle. 4. Eccles. law. NUNCIO (1). \nnuper obiit (n[yloo-p<lr oh-bee-it), n. [Latin \"lately died\"] \nHist. A writ available to an heir to establish the equal \ndivision ofland when, on the death ofan ancestor who \nheld the estate in fee simple, a coheir took the land and \nprevented the other heirs from possessing it. The writ \nwas abolished in 1833. See COPARCENER. \nnuptiae (nap-shee-ee). See MATRIMONIUM. \nnuptiae secundae (nap-shee-ee s;)-kan-dee), n. [Latin] \nEccles. law. A second or subsequent marriage. -In \ncanon law, second or subsequent marriages were \nfrowned upon, and priests would not officiate at those \nceremonies. \nnuptial (nap-shal), (ISc) Ofor relating to marriage. \n[Cases: Marriage 26.] \nnuptiales tabulae (ndp-shee-ay-leez tab-Yd-Iee). [Latin] \nRomar! law. Marriage tablets -i.e., documents record\ning a marriage and the terms on which it was entered \ninto. _ These writings were not essential to the validity \nof a marriage. \nNuremberg defense (n[y]ar-dm-bdrg). The defense \nasserted by a member of the military who has been nystagmus \ncharged with the crime offailing to obey an order and \nwho claims that the order was illegal, esp. that the order \nwould result in a violation of international law. _ The \nterm is sometimes used more broadly to describe situa\ntions in which citizens accused of committing domestic \ncrimes, such as degradation of government property, \nclaim that their crimes were justified or mandated by \ninternationallaw. [Cases: Criminal Law~58; Military \nJustice (;:::->832.] \nnurture, vb. (l4c) 1. To supply with nourishment. 2. To \ntrain, educate, or develop. \nnurturing-parent doctrine. Family law. The principle \nthat, although a court deciding on child support gener\nally disregards a parent's motive in failing to maximize \nearning capacity, the court will not impute income to \na custodial parent who remains at home or works less \nthan full-time in order to provide a better environment \nfor a child. -The doctrine is fact-specific; courts apply \nit case by case. [Cases: Child Support (,'=88, 90.J \nnurus (n[y]oor-ds), n. [Latin] A daughter-in-law. \nNVOCC. abbr. See non-vessel-operating common carrier \nunder CARRIER. \ni N.W. abbr. NORTH WESTERK REPORTER.' \nNWS. abbr. National Weather Service. See NATIONAL \nOCEANIC AND ATMOSPHERIC ADMINISTRATION. \nnychthemeron (nik-thee-m;)r-ahn), n. [Greek] An entire \nday and night; a 24-hour period. \nNYS. abbr. NEW YORK SUPPLEMENT. \nNYSE. abbr. NEW YORK STOCK EXCHANGE. \nnystagmus (ni-stag-mds). A rapid, involuntary jerking \nor twitching of the eyes, sometimes caused by ingesting \ndrugs or alcohol. See HORIZONTAL-GAZE NYSTAGMUS \nTEST. \n\no \nOAR. abbr. Office of Oceanic and Atmospheric Research. \nSee \"ATIONAL OCEANIC AND ATMOSPHERIC ADMINIS\nTRATION. \nOASDHI. abbr. Old Age, Survivors, Disability, and \nHealth Insurance. See OLD-AGE AND SURVIVORS' \nINSURANCE. \nOASDI. abbr. Old Age, Survivors, and Disability Insur\nance. See OLD-AGE AND SURVIVORS' INSURANCE. \nOASI. abbr. OLD-AGE AND SURVIVORS' INSURANCE. \noath. (bef. 12c) 1. A solemn declaration, accompanied \nby a swearing to God or a revered person or thing, \nthat one's statement is true or that one will be bound \nto a promise. -The person making the oath implic\nitly invites punishment if the statement is untrue or \nthe promise is broken. The legal effect of an oath is to \nsubject the person to penalties for perjury if the testi\nmony is false. [Cases: Oath C=> 1; Witnesses \n2. A statement or promise made by such a declaration. \n3. A form of words used for such a declaration. 4. A \nformal declaration made solemn without a swearing \nto God or a revered person or thing; AFFIRMATION. Cf. \nPLEDGE (1). \n\"The word 'oath' (apart from its use to indicate a profane \nexpression) has two very different meanings: (1) a solemn \nappeal to God in attestation of the truth of a statement or \nthe binding character of such a promise: (2) a statement \nor promise made under the sanction of such an appeal.\" \nRollin M. Perkins & Ronald N. Boyce, Criminal Law 515 (3d \ned.1982). \nassertory oath (.:l-s.:lr-t.:l-ree). (18c) An oath by which \none attests to some factual matter, rather than making \na promise about one's future conduct. - A courtroom \nwitness typically takes such an oath. \ncorporal oath (kor-p.:lr-.:ll). (16c) An oath made solemn \nby touching a sacred object, esp. the Bible. Also \ntermed solemn oath; corporale sacramentum. \n\"Oath (juramentum) Is a calling Almighty God to witness \nthat the Testimony is true; therefore it is aptly termed Sac\nramentum, a Holy Band, a Sacred Tye, or Godly Vow. And \nit is called a Corporal Oath, because the party when he \nswears, toucheth with his right hand the Holy Evangelists \nor Book of the New Testament.\" Thomas Blount, Nomo\nLexicon: A Law-Dictionary (1670). \ndecisive oath. Civil law. An oath by a party in a lawsuit, \nused to decide the case because the party's adversary, \nnot being able to furnish adequate proof, offered to \nrefer the decision of the case to the party. -Also \ntermed decisory oath. \nextrajudicial oath. (17c) An oath that, although \nformally sworn, is taken outside a legal proceeding \nor outside the authority oflaw. -Also termed non-\njudicial oath. . \nfalse oath. See PERJURY. judicial oath. (17c) An oath taken in the course of a \njudicial proceeding, esp. in open court. Wit\nnesses ~227.] \nloyalty oath. See oath ofallegiance. \nnonjudicial oath. 1. An oath taken out of court, esp. \nbefore an officer ex parte. -Also termed voluntary \noath. 2. See extrajudicial oath. \noath de calumnia. See oath ofcalumny. \noath ex officio (eks ;>-fish-ee-oh). Hist. At common \nlaw, an oath under which a person accused ofa crime \nswore to answer questions before an ecclesiastical \ncourt. \noath in litem (II-tern or -t.:lm). Civil law. An oath taken \nby a plaintiff in testifying to the value of the thing in \ndispute when there is no evidence ofvalue or when \nthe defendant has fraudulently suppressed evidence \nof value. \noath ofabjuration. Hist. English law. An oath renounc\ning any and all right ofdescendants ofa pretender to \nthe Crown. \noath ofallegiance. An oath by which one promises to \nmaintain fidelity to a particular sovereign or govern\nment. -This oath is most often administered to a \nhigh public officer, to a soldier or sailor, or to an alien \napplying for naturalization. -Also termed loyalty \noath; test oath. \noath ofcalumny (kal-.:lm-nee). (17c) Hist. An oath that \na plaintiff or defendant took to attest to that party's \ngood faith and to the party's belief that there was a \nbona fide claim. Also termed oath de calumnia. \nSee CALUMNY. \noath ofoffice. (l6c) An oath taken by a person about \nto enter into the duties ofpublic office, by which the \nperson promises to perform the duties of that office \nin good faith. [Cases: Officers and Public Employees \nC=>36(1).] \noath ofsupremacy. Hist. English law. An oath required \nof those taking office, along with the oaths of alle\ngiance and abjuration, declaring that the sovereign is \nsuperior to the church in ecclesiastical matters. \noath purgatory. See purgatory oath. \noath suppletory. See suppletory oath. \npauper's oath. (1844) An affidavit or verification \nof poverty by a person requesting public funds or \nservices. See poverty affidavit under AFFIDAVIT; IN \nFORMA PAUPERIS. [Cases: Costs <.::=' 132(6); Federal \nCivil Procedure C=>2734.] \npromissory oath. (15c) An oath that binds the party to \nobserve a specified course ofconduct in the future. \n\n1177 \nBoth the oath ofoffice and the oath of allegiance are \ntypes ofpromissory oaths. [Cases: Oath C=> 1.] \npurgatory oath. An oath taken to clear oneself of a \ncharge or suspicion. Also termed oath purgatory. \nsolemn oath. See corporal oath. \nsuppletory oath (s3p-b-tor-ee). 1. Civil law. An oath \nadministered to a party, rather than a witness, in \na case in which a fact has been proved by only one \nwitness. In a civil-law case, two witnesses are \nneeded to constitute full proof. See HALF-PROOF. 2. \nAn oath administered to a party to authenticate or \nsupport some piece ofdocumentary evidence offered \nby the party. -Also termed oath suppletory. [Cases: \nEvidence (;:::=354,376.] \ntest oath. See oath ofallegiance. \nvoluntary oath. See nonjudicial oath (1). \noath against an oath. See SWEARING MATCH. \noath-helper. See COMPURGATOR. \noath of abjuration. See ABJURATION. \nOath or Affirmation Clause. (1974) The clause of the \nU.S. Constitution requiring members ofCongress and \nthe state legislatures, and all members ofthe executive \nor judicial branches -state or local to pledge by \noath or affirmation to support the Constitution. U.S. \nConst. art. VI, cl. 3. [Cases: Officers and Public Employ\nees C=>36(l).J \noath-rite. The form or ceremony used when taking an \noath. \noathworthy, adj. Legally capable of making an oath. \nobaeratus (oh-b<}-ray-tas), adj. & n. [Latin] Roman law. \n1. Adj. Burdened with debt. 2. n. A debtor. \nob continentiam delicti (ob kon-t<}-nen-shee-<}m \nda-lik-tJ). [Latin] On account of contiguity to the \noffense; being contaminated by association with some\nthing illegal. \nob contingentiam (ob kon-tin-jen-shee-am).lLatin] Hist. \n1. On account ofconnection; by reason ofSimilarity.  \n'01i8 phrase appeared when there was a close enough \nconnection between two or more lawsuits to consoli\ndate them. 2. In case of contingency. \nob defectum haeredis (ob di-fek-t<}m h<}-ree-dis). [Law \nLatin] Hist. On account ofa failure of heirs. \nobedience. Compliance with a law, command, or author\nity. \nobediential obligation. See OBLIGATION. \nob favorem mercatorum (ob fa-vor-<Jm m<}r-ka-tor-am). \n[Latin] In favor of merchants. \nobUt (oh-bee-it). [Latin] He died; she died. \nobiit sine prole (oh-bee-it 51-nee proh-Iee also sin-ay \nprohl). [Latin] He died without issue. -Abbr. o.s.p. \nobit. (14c) 1. Archaic. A memorial service on the anni\nversary of a person's death. 2. A record or notice of a \nperson's death; an obituary. object code \nobiter (oh-bit-ar), adv. [Latin \"by the way] (16c) Inciden\ntally; in passing <the judge said, obiter, that a nominal \nsentence would be inappropriate>. \nobiter, n. See OBITER DICTUM. \nobiterdictum (ob-i-tar dik-tam). [Latin \"something said \nin passing\"] (18c) A judicial comment made while deliv\nering a judicial opinion, but one that is unnecessary to \nthe decision in the case and therefore not precedential \n(although it may be considered persuasive). Often \nshortened to dictum or, less commonly, obiter. PI. obiter \ndicta. See DICTUM. Cf. HOLDING (1); RATIO DECIDENDI. \n[Cases: Courts C=>92.] \n\"Strictly speaking an 'obiter dictum' is a remark made \nor opinion expressed by a judge, in his decision upon a \ncause, 'by the way' that is, incidentally or collaterally, \nand not directly upon the question before the court; or it \nis any statement of law enunciated by the judge or court \nmerely by way of illustration, argument, analogy, or sug \ngestion. .. In the common speech of lawyers, all such \next"}
{"text": "way of illustration, argument, analogy, or sug \ngestion. .. In the common speech of lawyers, all such \nextrajudicial expressions of legal opinion are referred to \nas 'dicta,' or 'obiter dicta,' these two terms being used \ninterchangeably.\" William M. Ule et aI., Brief Making and \nthe Use of Law Books 304 (3d ed. 1914). \nobiter ex post facto (ob-i-tar eks post fak-toh). A court's \nholding that, according to a later court, was expressed \nin unnecessarily broad terms. Some authorities \nsuggest that this is not, properly speaking, a type of \ni obiter dictum at alL \nI object (ob-jekt), n. (ISc) 1. A person or thing to which \n' thought, feeling, or action is directed <the natural \nobject of one's bounty>. See NATURAL OBJECT. \nobjectofa power. A person appointable by a donee. See \nPOWER OF APPOINTMENT. [Cases: Powers \n2. Something sought to be attained or accomplished; \nan end, goal, or purpose <the financial objects of the \njoint venture>. \nobject ofan action. The legal relief that a plaintiff seeks; \nthe remedy demanded or relief sought in a lawsuit. Cf, \nSUBJECT OF AN ACTION. [Cases: Action \nobject ofa statute. The aim or purpose oflegislation; \nthe end or design that a statute is meant to accom\nplish. [Cases: Statutes C=>184.] \nobject (<}b-jekt), vb. (ISc) 1. To state in opposition; to put \nforward as an objection <the prosecution objected that \nthe defendant's discovery requests were untimely>. 2. \nTo state or put forward an objection, esp. to something \nin a judicial proceeding <the defense objected to the \ntestimony on the ground that it was privileged>. [Cases: \nCriminal Law (;:::='690-698; Federal Civil Procedure \nC=>2017; Trial C=>31, 77, 131.]-objector, n, \nobjectant. See CONTESTANT (1). \nobject code. Copyright. The machine-readable language \ncompiled from a computer programmer's source code. \n Object code is difficult to reverse-engineer, so publicly \navailable software is always in this form. Object code is \nprotected by copyright law and may also be protected \nby patent law. Because people cannot read or under\nstand it, object code is deposited with the U.S. Copy\nright Office more often than source code. Cf. SOURCE \n\nobjection 1178 \nCODE. [Cases: Copyrights and Intellectual Property \nobjection, n. (1837) 1. A formal statement opposing \nsomething that has occurred, or is about to occur, in \ncourt and seeking the judge's immediate ruling on \nthe point. -The party objecting must usu. state the \nbasis for the objection to preserve the right to appeal \nan adverse ruling. [Cases: Criminal LawC::>690-698, \n1043; Federal Civil Procedure C::>2017; Trial \n77, 131.] \ncontinuing objection. (1940) A single objection to all \nthe questions in a given line ofquestioning. - A judge \nmay allow a lawyer to make a continuing objection \nwhen the judge has overruled an objection applicable \nto many questions, and the lawyer wants to preserve \nthe objection for the appellate record. Also termed \nrunning objection. [Cases: Criminal Trial \nC::>79.] \ngeneral objection. (18c) An objection made without \nspecifying any grounds in support ofthe objection. \n- A general objection preserves only the issue ofrel\nevancy. Also termed broadside objection. [Cases: \nPleading <.r~232; Criminal Law C::>695 (2), 1043(2); \nFederal Civil Procedure C::>2017.1; Trial C:)82.j \nspeaking objection. (1958) An objection that contains \nmore information (often in the form of argument) \nthan needed by the judge to sustain or overrule it. \nMany judges prohibit lawyers from using speaking \nobjections, and sometimes even from stating the \ngrounds for objections, because of the potential for \ninfluencing the jury. \nspecific objection. (1894) An objection that is accom\npanied by a statement of one or more grounds in \nsupport of the objection. [Cases: Criminal Law \n695(2); Federal Civil Procedure C::>2017.1; Trial \n82,83.] \n2. Parliamentary law. A motion that suppresses a main \nmotion, esp. one that will or may inflame controversy, \nimmediately and without debate. -The motion, because \nit disposes ofthe main motion without any debate, usu. \nrequires a supermajority. -Also termed question of \nconsideration; objection to consideration ofa question. \n\"Objection to the consideration of a question is used when \nan original main motion is of a delicate or personal nature, \nor is contentious or inflammatory (such as sectarian, politi \ncal, raCial, etc.), or is irrelevant, unprofitable, or otherwise \nobjectionable or discriminatory. The motion can be aVOided \naltogether by instantly objecting to the consideration of \nthe question,\" George Demeter, Demeter's Manual of Par\nliamentary Law and Procedure 141 (1969). \n3. Parliamentary law. A negative vote, esp. one that \ndefeats a request for general consent. 4. Patents. An \nexaminer's action identifying a defect in the form \nof a patent application, usu. in the specification or a \ndrawing. -An objection does not raise questions about \nthe merit ofthe claims. An examiner might object, for \ninstance, to a defective oath or to a trademark appear\ning on the drawings. Cf. REJECTION (4). [Cases: Patents \nC::>104.] objectionable, adj. (18c) Open to opposition, esp. adverse \nreason or contrary argument. Also termed excep\ntionable. \nobjection in point oflaw. (l7c) A defensive pleading by \nwhich the defendant admits the facts alleged by the \nplaintiffbut objects that they do not make out a legal \nclaim. [Cases: Pleading C::>341, \nobjection to consideration of a question. See OBJEC\nTION (2). \nobjective, adj. (17c) 1. Ot: relating to, or based on exter\nnally verifiable phenomena, as opposed to an individ\nual's perceptions, feelings, or intentions <the objective \nfacts>. 2. Without bias or prejudice; disinterested \n<because her son was involved, she felt she could not \nbe objective>. Cf. SUBJECTIVE. \nobjective but-for test. See BUT-FOR MATERIALITY. \nobjective entrapment. See ENTRAPMENT. \nobjective ethics. See MORAL ABSOLUTISM. \nobjective impossibility. See IMPOSSIBILITY. \nobjective meaning. See MEANING. \nobjective method. See HYPOTHETICAL-PERSON DE\nFENSE. \nobjective novation. See NOVATION. \nobjective standard. See STANDARD. \nobjective theory ofcontract. (1904) The doctrine that a \ncontract is not an agreement in the sense ofa subjective \nmeeting ofthe minds but is instead a series ofexternal \nacts giving the objective semblance of agreement. \nOften shortened to objective theory. Cf. SUBJECTIVE \nTHEORY OF CONTRACT; MEETING OF THE MINDS. [Cases: \nContracts C::>15, 147(1).] \nobject of a power. See permissible appointee under \nAPPOINTEE. \nobject ofa right. (1880) The thing in respect ofwhich a \nright exists; the subject matter ofa right. Also termed \nsubject ofa right. See SUBJECT OF A RIGHT. \nobject offense. See OFFENSE (1). \nobject of the power. See permissible appointee under \nAPPOINTEE. \nobject of the power of appointment. See permissible \nappointee under APPOINTEE. \nobjurgatrix (ob-jar-gay-triks). Hist. A common scold. \nSee SCOLD. \noblatio (ah-blay-shee-oh), n. [Latin] Roman law. A \ntender of payment or performance due. PI. oblationes \n(ah-blay-shee-oh-neez). \noblation (ah-blay-sh;m). (15c) An offering or sacri\nesp. one in a religious or ritualistic ceremony. \noblatory, adj. \nobligant (ob-Ia-g;mt). Scots law. A debtor in an obliga\ntion; OBLIGOR. \nobligate, vb. (16c) 1. To bind by legal or moral duty. 2. \nTo commit (funds, property, etc.) to meet or secure an \nobligation. \n\n1179 \nobligatio (ah-bla-gay-shee-oh), n. [Latin] Roman law. \nAn obligation; a legal bond. PI. obligationes (ah-bl..\ngay-shee-oh -neez). \nobligatio civilis (ah-bla-gay-shee-oh sa-vI-lis). [Latin \n\"civil obligation\"] Roman law. 1. An obligation rec\nognized under;us civile as opposed to one recognized \nonly under jus honorarium. 2. A legally enforceable \nobligation, such as one by contract. \nobligatio ex contractu (ah-bla-gay-shee-oh eks kan\ntrak-t[y]oo). Roman law. [Latin \"contractual obliga\ntion\"] A contractual obligation. \nobligatio ex delicto (ah-bla-gay-shee-oh eks da-Iik-toh). \n[Latin \"tortious obligation\"] Roman law. An obliga\ntion arising from a wrongdoing against the person \nor property of another; an obligation enforceable in \ntort. -Also termed obligatio ex maleficio (mal-a\nfish-ee-oh). \nobligatio honoraria (ah-bla-gay-shee-oh [hlon-a-rair\nee-a). Roman law. An obligation that the praetor or an \naedile declares actionable. \nobligatio litteris (ah-bla-gay-shee-oh lit-ar-is). [Latin \n\"written obligation\"] 1. Hist. A written contract. \nAlso termed obligatio litterarum. 2. Scots law. A \ncontract that must be constituted in formal writing. \nAlso spelled obligatio literis. 3. Roman law. Literal \ncontract, strictly comprising only the nomen tran\nscripticium. See NOMEN TRANSCRIPTICIUM. \nobligatio naturalis (ah-bla-gay-shee-oh nach-a-ray\nlis). [Latin \"natural obligation\"] Roman law. An obli\ngation that is not legally enforceable, although it may \nproduce legal effects; an obligation deriving only from \nthe law of nature. \nobligatio quasi ex contractu (ah-bla-gay-shee-oh \nkway-sI [or -Zl] eks km-trak-t[y]oo). [Latin \"obliga\ntion from quasi-contract\"] Roman law. An obligation \narising between two persons who have not contracted \nwith each other but have formed a relationship similar \nto a contractual one, or where a payment is made in \nerror; a quasi-contractual obligation. See implied-in\nlaw contract under CONTRACT. \nobligatio quasi ex delicto (ah-bla-gay-shee-oh kway-sI \n[or -zr] eks da-lik-toh). [Latin \"obligation from \nsomething resembling a tort\"] Roman law. An obli\ngation arising from a wrong that is not covered by \nan obligatio ex delicto but that nonetheless creates \nliability. Also termed obligatio quasi ex maleficio \n(mal-<l-fish-ee-oh). \nobligatio verborum (ah-bla-gay-shee-oh var-bor-am). \n[Latin \"a verbal obligation\"] Roman law. An obliga\ntion arising from a solemn question and answer using \nspecific words. \nobligation, n. (18c) 1. A legal or moral duty to do or not \ndo something . Ihe word has many wide and varied \nmeanings. It may refer to anything that a person is \nbound to do or forbear from doing, whether the duty \nis imposed by law, contract, promise, social relations, \ncourtesy, kindness, or morality. 2. A formal, binding obligation \nagreement or acknowledgment of a liability to pay a \ncertain amount or to do a certain thing for a partic\nular person or set of persons; esp., a duty ariSing by \ncontract. Also termed (in sense 2) civil obligation. \nSee DUTY (1); LIABILITY (1). [Cases: Contracts C~L] \n3. Civil law. A legal relationship in which one person, \nthe obligor, is bound to render a performance in favor \nofanother, the obligee. La. Civ. Code art. 1756. \n\"[I]n English-speaking countries an unfortunate habit has \narisen of using 'obligation' in a lax manner as co extensive \nwith duties of every kind.\" Frederick Pollock, A First Book \nofJurisprudence 82 (1896). \n\"Obligation in its popular sense is merely a synonym for \nduty. Its legal sense, derived from Roman law, differs \nfrom this in several respects. In the first place, obliga\ntions are merely one class of duties, namely, those which \nare the correlatives of rights in personam. An obligation \nis the vinculum jUFis, or bond of legal necessity, which \nbinds together two or more determinate individuals .... \nSecondly, the term obligatio is in law the name, not merely \nof the duty, but also of the correlative right. It denotes the \nlegal relation or vinculumjuFis in its entirety, including the \nright of the one party, no less than the liability of the other. \nLooked at from the point of view of the person entitled, \nan obligation is a right; looked at from the point of view of \nthe person bound, it is a duty .... An obligation, therefore, \nmay be defined as a proprietary right in personam or a duty \nwhich corresponds to such a right.\" John Salmond, Jurispru\ndence 460 (Glanville L. Williams ed., 1Qth ed. 1947). \n\"[I]n its more general acceptation, the word 'obligation' \nmeans something that the law or morals command a \nperson to do, a command that is made effective by the \nimposition of a sanction if the person fails to obey or \ncomply. When given that reference, the word 'obligation'"}
{"text": "\nimposition of a sanction if the person fails to obey or \ncomply. When given that reference, the word 'obligation' \nis made synonymous with the word 'duty.' In that sense it \nis said, for example, that all citizens of a certain age are \nunder an obligation to fulfill their military duties .... \n\"In another sense. the word 'obligation' means an instru\nment in writing, however informal, whereby one party con \ntracts with another for the payment of a sum of money. In \ncommercial law, for example, the word 'obligation' may \nmean a negotiable instrument .... \n\"In the technical terminology of the civil codes, however, \nthe word 'obligation' means a legal bond that binds two \npersons in such a way that one of them, the creditor or \nobligee, is entitled to demand from the other, the debtor \nor obligor, a certain performance.\" Saul Litvinoff, 5 Loui\nsiana Civil Law Treatise: The Law of Obligations 1-2 (2d \ned.2001). \nabsolute obligation. (17c) An obligation requiring strict \nfulfillment according to the terms ofthe engagement, \nwithout any alternatives to the obligor. \naccessory obligation. (l7c) 1. An obligation that is \nincidental to another obligation,  For example, a \nmortgage to secure payment of a bond is an acces\nsory obligation. The primary obligation is to pay the \nbond itself. Cf. primary obligation (1). 2. See second\naryobligation. \nalternative obligation. (18c) An obligation that can be \nsatisfied in at least two different ways, at the choice of \nthe obligor. Also termed disju.n~tive obligation. \nbifactoral obligation (bI-fak-tar-al). An obligation \ncreated by two parties. \ncivil obligation. 1. See conventional obligation. 2. OBLI\nGATION (2). \n\nobligation 1180 \ncommunity obligation. A debt or other obligation \nincurred by either spouse after marriage in a commu\nnity-property state. _ Such an obligation is presumed \nto be an obligation of the community and not of the \nindividual spouse. [Cases: Husband and Wife (..'-:::> \n268.J \nconditional obligation. (17c) An obligation that \ndepends on an uncertain event. [Cases: Contracts \n(;=0218.] \nconjunctive obligation. An obligation composed \nof multiple performances that can be separately \nrendered or enforced; esp., an obligation in which \nseveral objects are connected by and (not or) or are \nin some other way clearly meant to be separately \nincluded in the contract. -For example, a loan agree\nment's conjunctive obligation may require payment \nof four loan installments and delivery of a deed of \ntrust. Each loan installment and the deed's delivery \nis a separate, enforceable performance. \ncontractual obligation. An obligation arising from a \ncontract or agreement. [Cases: Contracts (;=0 1.] \nconventional obligation. (ISc) An obligation that \nresults from agreement of the parties; a contractual \nobligation. Also termed express obligation; civil \nobligation. Cf. obediential obligation. \ncorreal obligation (kor-ee-;}l or k;}-ree-;}l). Roman & \ncivil law. A joint and several obligation. \n\"A correal obligation means a plurality of obligations based \non a community of obligation: ajoint liability in respect of \nthe whole of the same debt or ajoint right in respect of the \nwhole of the same claim.\" Rudolph Sohm, The Institutes A \nTextbook of the History and System of Roman Private Law \n361 Uames Crawford Ledlie trans., 3d ed. 1907). \ncurrent obligation. (I8c) An obligation that is presently \nenforceable, but not past due. \ndeterminate obligation. An obligation that has a \nspecific thing as its object. -For example, an obli\ngation to deliver the 1491 Venice edition of Vocabu\nlarium Iuris that once belonged to H.L.A. Hart can \nbe discharged only by delivering the specified book. \nCf. indeterminate obligation. \ndisjunctive obligation. See alternative obligation. \ndivisible obligation. An obligation that can be divided \nwithout the consent of the parties. -Either the per\nforming party or the receiving party may unilaterally \ndivide the obligation. \nexpress obligation. See conventional obligation. \nheritable obligation. (ISc) An obligation that may be \nenforced by a successor of the creditor or against a \nsuccessor of the debtor. Also termed inheritable \nobligation. [Cases: Descent and Distribution \nimperfect obligation. See moral obligation. \nimplied obligation. See obediential obligation. \nindeterminate obligation. 1. An obligation by which \nthe obligor is bound to deliver one of a certain \nspecies of items. -For example, an obligation to \ndeliver a pre-1509 edition of Vocabularium Iuris can be discharged by delivering any edition published \nbefore that date. 2. An obligation that is not specific \nin amount or form, or is subject to being changed by \na third party. Cf. determinate obligation. \ninheritable obligation. See heritable obligation. \njoint obligation. (18c) 1. An obligation that binds \ntwo or more debtors to a single performance for one \ncreditor. 2. An obligation that binds one debtor to a \nsingle performance for two or more creditors. \nmoral obligation. (ISc) A duty that is based only on \none's conscience and that is not legally enforceable; \nan obligation with a purely moral basis, as opposed \nto a legal one. -In contract law, moral obligation may \nsupport a promise in the absence of traditional con\nsideration, but only if the promisor has previously \nreceived some actual benefit from the promisee. \nAlso termed imperfect obligation; natural obligation. \n[Cases: Contracts ('---\"76.J \nnatural obligation. 1. Civil law. A moral duty that is \nnot enforceable by judicial action. -Natural obliga\ntions are recognized in civil-law jurisdictions. While \nthey are not enforceable by judicial action, something \nthat has been performed under a natural obligation \nmay not be reclaimed. For example, if an indigent \npatient in a hospital has no legal obligation to pay for \nthe treatment but does so anyway, that person cannot \nlater reclaim the payments voluntarily made. Also \ntermed obligatio naturalis. 2. See moral obligation. \nobediential obligation (a-bee-dee-en-shal). (ISc) An \nobligation imposed on a person because ofa situation \nor relationship, such as an obligation of parents to \ncare for their children. -Also termed implied obliga\ntion. Cf. conventional obligation. \nperfect obligation. A legally enforceable obligation; one \nthat is recognized and sanctioned by positive law. \npersonal obligation. 1. An obligation performable only \nby the obligor, not by the obligor's heirs or represent a \ntives. 2. An obligation in which the obligor is bound \nto perform without encumbering his or her property \nfor its performance. \nprimary obligation. (17c) 1. An obligation that arises \nfrom the essential purpose ofthe transaction between \nthe parties. Cf. accessory obligation (1). 2. A funda\nmental contractual term imposing a requirement on \na contracting party from which other obligations may \narise. Also termed principal obligation. \nprimitive obligation. The obligation designated as the \nfirst to be satisfied. \nprincipal obligation. See primary obligation (2). \npure obligation. Scots law. An absolute obligation \nalready due and immediately enforceable. -Also \ntermed pure debt. \nsecondary obligation. (I7c) A duty, promise, or under\ntaking that is incident to a primary obligation; esp., a \nduty to make reparation upon a breach ofcontract. \nAlso termed accessory obligation. \n\n1181 obnoxious \nseveral obligation. 1. An obligation that binds two \nor more debtors to separate performances for one \ncreditor. 2. An obligation that binds one debtor to \nseparate performances for two or more creditors. \nsimple obligation. (17c) An obligation that does not \ndepend on an outside event; an unconditional obli\ngation. \nsingle obligation. (17c) An obligation with no penalty \nattached for nonperformance, as when one party \nsimply promises to pay 20 dollars to another. \nsolidary obligation (sol-<l-der-ee). Roman & civil \nlaw. An obligation that binds each of two or more \ndebtors for the entire performance at the option of \nthe creditor. Solidary obligations are analogous to \ncommon-law joint and several obligations. \n\"A solidary obligation means the separate liability of several \npersons in respect of one and the same object. The normal \ncase of a solidary obligation is ajoint delict, as when two \nor more persons, acting jointly, do damage to property \nor commit a theft. So far as the obligation creates a duty \nto pay damages, it is solidary. Each of the co-delinquents \nis liable to make good the whole of the same damage.\" \nRudolph Sohm, The Institutes: A Textbook of the History \nand System ofRoman Private Law 361-62 Uames Crawford \nLedlie trans., 3d ed. 1907). \nstatutory obligation. (18c) An obligation whether \nto pay money, perform certain acts, or discharge \nduties -that is created by or arises out of a statute, \nrather than based on an independent contractual or \nlegal relationship. \nsubstitute obligation. Civil law. An obligation that takes \nthe place of an extinguished obligation by novation. \nSee NOVATION. [Cases; Novation (;::::>4.] \nunifactoral obligation (yoo-n<l-fak-t<lr-<ll). An obliga\ntion created by one party. \nobligation, mutuality of. See MUTUALITY OF OBLIGA\nTION. \n.obligational. See OBLIGATORY. \nobligatio naturalis. See OBLIGATIO. \nobligation bond. See general obligation bond under \nBOND (3). \nobligationes innominati. See INNOMINATE OBLIGA\nTIONS. \nObligation of Contracts Clause. See CONTRACTS \nCLAUSE. \nobligations, law of. See LAW OF OBLIGATIONS. \nobligatio quasi ex contractu. See OBLIGATIO. \nobligatio quasi ex delicto. See OBLIGATIO. \nobligatio quasi ex maleficiO. See obligatio quasi ex delicto \nunder OBLIGATIO. \nobligatory (;)-blig-;)-tor-ee), adj. (14c) 1. Legally or \nmorally binding <an obligatory promise>. 2. Required; \nmandatory <attendance is not obligatory>. 3. Creating \nor recording an obligation <a writing obligatory>. \nAlso termed (rarely) obligational. \noblige (;)-blIj), vb. (14c) 1. To bind by legal or moral duty; \nOBLIGATE. 2. To bind by doing a favor or service. obligee (ob-l<l-jee). (16c) 1. One to whom an obligation \nis owed; a promisee, creditor, or donor benefiCiary. 2. \nUnder the Uniform Interstate Family Support Act, any \nperson to whom a duty ofsupport is owed. 3. Archaic. \nOne who is obliged to do something; OBLIGOR (1). \n\"Several dictionaries, such as The Random House College \nDictionary (rev. ed. 1988) and Webster's New World Dic\ntionary (1979), define obligee in its etymological sense \n['obliged'], as jf it were synonymous with obligor. Random \nHouse, for example, defines obligee as 'a person who is \nunder obligation: but that meaning ought to be reserved \nfor obligor. An obligee, in modern usage. is one to whom \nan obligation is owed.\" Bryan A. Garner, A Dictionary of \nModern Legal Usage 609 (2d ed. 1995). \nobligor (ob-l<l-gor or ob-l<l-gor). (16c) 1. One who has \nundertaken an obligation; a promisor or debtor. UCC \n 9-102(a)(59). 2. Under the Uniform Interstate Family \nSupport Act, any person who owes a duty of support. \n3. Archaic. One who obliges another to do something; \nOBLIGEE (1). \nprincipal obligor. A person who is under a duty of \nindemnity. \noblique (oh-bleek or ;)-bleek), adj. (15c) 1. Not direct in \ndescent; collateral <an oblique heir>. 2. Indirect; cir\ncumstantial <oblique evidence>. \noblique evidence. See circumstantial evidence (1) under \nEVIDENCE. \nobUquus (ob-h-kw<ls). [Latin \"oblique\"] Hist. (Ofa line \nofdescent) collateral; indirect. Cf. RECTUS. \nobliterate, vb. (16c) 1. To wipe out, rub off, or erase (a \nwriting or other markings). 2. To remove from exis\ntence; to destroy all traces of. -obliteration, n. \nobliterated corner. See CORNER. \noblivion. (14c) 1. The act or fact offorgetting or haVing \nforgotten <the oblivion ofsleep>. 2. The state ofbeing \ncompletely forgotten or unknown <a once-famous poli\ntician now in oblivion>. 3. An official disregard of an \noffense; pardon; amnesty <an act of oblivion by Par\nliament>. \nobloquy (ob-l<l-kwee). (15c) 1. Abusive or defamatory \nlanguage; CALUMNY. 2. The state or condition ofbeing \nill spoken of; disgrace or bad repute. \nob majorem cauteIam (ob m;}-jor-;)m kaw-tee-l<lm). [Law \nLatin] Hist. For greater security. \nob metum perjurii (ob mee-t;)m p;)r-juur-ee-I). [Law \nLatin) Scots law. On account of the fear ofperjury. See \nMETUS PERJURII. \nob non solutum canonem (ob non s;)-loo-t;)m k<l-noh\nn;)m). [Law Latin] Sc"}
{"text": "em (ob non s;)-loo-t;)m k<l-noh\nn;)m). [Law Latin] Scots law. On account of unpaid \ncanon or feu duty.  A vassal could forfeit land if the \nvassal failed to pay the feu duty for two (later five) years. \nSee FEU. \nobnoxious, adj. (16c) 1. Offensive; objectionable <obnox\nious behavior>. 2. Contrary; opposed <a practice \nobnoxious to the principle of equal protection under \nthe law>. 3. Archaic. Exposed to harm; liable to some\nthing undesirable <actions obnoxious to criticism>. \n\nob pias causas 1182 \nob pias causas (ob PI-;>S kaw-z;>s). [Latin] Hist. On \naccount of religious or charitable reasons; for dutiful \nconsiderations. \n\"Provisions made by a son to his father ob pias causas \nare those which proceed from the affectionate regard and \nnatural duty which the son is bound morally to render to \nhis father.\" John Trayner, Trayner's Latin Maxims 412 (4th \ned.1894). \nob poenam negligentiae (ob pee-n;>m neg-li-jen-shee\nee). [Law Latin] Hist. On account ofpunishment for \nnegligence. -lhe law punished those who were negli\ngent in protecting their own interests. \nob pUblicam utilitatem (ob p;!b-li-bm yoo-til-a-tay\ntam). [Latin] Hist. On account ofpublic utility; for the \npublic advantage. \nobreption (ob-rep-shan). (15c) The fraudulent obtain\ning of a gift or dispensation, esp. from a sovereign or \necclesiastical authority. Cf. SUBREPTION. \nobreptione (ob-rep-shee-oh-nee). [Latin] Hist. By \nsurprise; by deceit. \nob reverentiam personae et metum perjurii (ob rev-a\nren-shee-;>m pdr-soh-nee et mee-tam pdr-juur-ee-I). \n[Law Latin] Hist. On account ofreverence to the person \nand the fear of perjury. -On this basis, certain wit\nnesses could be excluded or could decline to answer \ncertain questions that might cause them to commit \nperjury rather than admit to some act. This princi\nple is essentially the forerunner to the Fifth Amend\nment privilege against self-incrimination. See METUS \nPERJURII. \nobrogate (ob-rd-gayt), vb. (17c) Civil law. To modify or \nrepeal (a law) in whole or in part by passing a new law. \nCf. ABROGATE. -obrogation, n. \nobscene, adj. (16c) Extremely offensive under contem\nporary community standards ofmorality and decency; \ngrossly repugnant to the generally accepted notions \nof what is appropriate. -Under the Supreme Court's \nthree-part test, material is legally obscene -and there\nfore not protected under the First Amendment -if, \ntaken as a whole, the material (1) appeals to the prurient \ninterest in sex, as determined by the average person \napplying contemporary community standards; (2) \nportrays sexual conduct, as specifically defined by the \napplicable state law, in a patently offensive way; and \n(3) lacks serious literary, artistic, political, or scientific \nvalue. Miller v. California, 413 U.S. 93 S.Ct. 2607 \n(1973). [Cases: Constitutional Law 1174, 2189; \nObscenity 1.] \n\"If there be no abstract definition, ... should not the word \n'obscene' be allowed to indicate the present critical point \nin the compromise between candor and shame at which the \ncommunity may have arrived here and now?\" United States \nv. Kennerlev, 209 F. 119, 121 (S.D.N.Y. 1913) (per Hand,J.). \nobscene libel. See LIBEL. \nobscenity, n. (16c) 1. The characteristic or state ofbeing \nmorally abhorrent or socially taboo, esp. as a result of \nreferring to or depicting sexual or excretory functions. \n[Cases: Constitutional LawC~~82(1O), 90.4; Obscenity \nC:1.] 2. Something (such as an expression or act) that has this characteristic. See CONTEMPORARY COMMU\nNITY STANDARDS. Cf. INDECENCY. \n\"Obscenity is not deemed to be protected by the First \nAmendment, and the operative legal tests for obscenity \nare spongy and leave much to the vagaries ofjuries asked \nto evaluate expert testimony on literary merit, offensive\nness, and other unmeasurables.\" Richard A. Posner, Law \nand Literature: A Misunderstood Relation 329 (1988). \ncommercialized obscenity. (1956) Obscenity produced \nand marketed for sale to the public. \nobserve, vb. (14c) To adhere to or abide by (a law, rule, \nor custom) <a traffic citation for failing to observe the \nspeed limit>. \nobserver. Int'llaw. (1925) A representative of a country \nor international organization who attends meetings \nof an international body (such as the United Nations) \nto which the observer's country does not belong. \nObservers do not vote or sign documents, but they \nare sometimes allowed to participate in discussions. \nInternational Law V 10.45.] \nobses (ob-seez), n. [Latin] A hostage in wartime. PI. \nobsides. \nobsignare (ob-sig-nair-ee), vb. [Latin] Civil law. To \nseal up, as with money that has been tendered and \nrefused. \nobsignation, n. A formal ratification or confirmation, \nesp. by an official seal. -obsignatory (ob-sig-nd\ntor-eel, adj. \nobsignator (ahb-sig-nay-tor or -tdr), n. [Latin] Roman \nlaw. One who affixes a seal, esp. as a witness, to a will \nor other document. PI. obsignatores (ahb-sig-na-tor\nobsolescence (ob-sd-Ies-dnts). (1832) 1. The process or \nstate of falling into disuse or becoming obsolete. 2. \nA diminution in the value or usefulness ofproperty, \nesp. as a result of technological advances. -For tax \npurposes, obsolescence is usu. distinguished from \nphysical deterioration. Cf. DEPRECIATION. [Cases: \nTaxation (;:::::2516.] \neconomic obsolescence. Obsolescence that results from \nexternal economic factors, such as decreased demand \nor changed governmental regulations. Also termed \nexternal obsolescence. Cf. functional obsolescence. \nexternal obsolescence. See economic obsolescence. \nfunctional obsolescence. Obsolescence that results \neither from inherent deficiencies in the property, such \nas inadequate equipment or design, or from techno\nlogical improvements available after the use began. \nCf. economic obsolescence. \nplanned obsolescence. A system or policy of deliber\nately producing consumer goods that will wear out \nor become outdated after limited use, thus indUcing \nconsumers to buy new items more frequently. Also \ntermed buill-in obsolescence. \nobsolescent, adj. (18c) Going out of use; becoming \nobsolete. \n\n1183 \nobsolete, adj. (17c) No longer in general use; out-of\ndate. \nobstacle preemption. See PREEMPTION. \nobstante (ob-stan-tee or ab-). [Latin] Withstanding; hin\ndering. See NON OBSTANTE VEREDICTO. \nobsta principiis (ob-sta prin-sip-ee-is). [Latin] With\nstand beginnings; resist the first approaches or \nencroachments. \nobstinate desertion. See DESERTION. \nobstrict (ab-strikt), vb. To coerce. obstrictive, adj. \nobstrictiveness, n. \n'The element of coercion or obstrictiveness. The contrast \nhere is between voluntary and obstricted (or coerced) \nconduct. The coercion need not be actual (objective), but \nmay be merely potential (subjective) by fear of the possible \nforce; as, when the faithful canine, Towser, susceptible to \nthe sight of a feline enemy, is tempted to pursue, but upon \nhis owner's stern voice and a shake of the stick, Towser \nturns humbly back and crushes his impulse.\" John Henry \nWigmore, Problems of Law 7-8 (1920). \nobstriction. Archaic. Obligation; bond. \nobstructing process. See OBSTRUCTION OF PROCESS. \nobstruction. (16c) 1. Something that impedes or hinders, \nas in a street, river, or design; an obstacle. 2. The act \nof impeding or hindering something; interference. 3. \nOil & gas. A common-law doctrine that suspends the \nrunning of time under an oil-and-gas lease or extends \nthe lease for a reasonable period of time if rights \ngranted under the lease are intertered with by the lessor \nor someone claiming through the lessor. [Cases: Mines \nand Minerals ~78.l(1O).1 \nobstruction of justice. (1854) Interference with the \norderly administration of law and justice, as by giving \nfalse information to or Withholding evidence from a \npolice officer or prosecutor, or by harming or intimi\ndating a witness or juror . Obstruction of justice is a \ncrime in most jurisdictions. -Also termed obstructing \njustice; obstructing public justice. [Cases: Obstructing \nJustice ~1; Sentencing and Punishment C=>761.] \n'The goal, --to proscribe every Wilful act of corruption, \nintimidation or force which tends in any way to distort or \nimpede the administration of law either civil or criminal-\nhas been very largely attained, partly by aid of legislation. \nAnd any punishable misdeed of such a nature which is not \nrecognized as a distinct crime, is usually called 'obstruction \nof justice,' or 'obstructing justice,' - a common-law mis\ndemeanor.\" Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw 552 (3d ed. 1982). \nobstruction of process. Interference of any kind with \nthe lawful service or execution of a writ, warrant, or \nother process . Most jurisdictions make this offense \na crime. Also termed obstructing process; resisting \nprocess. [Cases: Obstructing Justice e=--\"3.] \nobtaining property by false pretenses. See FALSE PRE\nTENSES. \nobtain the floor. Parliamentary law. To receive recogni\ntion from the chair after claiming the floor. occasio \nobtest (ob-or db-test), vb. (16c) 1. To call to or invoke \nas a witness. 2. To ask for earnestly; beseech; implore. \n3. To protest. \nobtorto colla (ob-tor-toh kah-Ioh). [Latin] Roman law. \nDragged by the neck.  Because a plaintiff could not sue \nan absent defendant, the plaintiff was sometimes said to \nhave to drag a defendant obtorto collo to court. \nobtulit se (ob-t[y]a-Iit see). [Latin] Offered himself . In \nold English practice, these words were entered on the \nrecord when one party appeared roffered himself\") in \ncourt against an opposing party who did not appear. \nob turpem causam (ob tar-pam [or -pem] kaw-zdm). \n[Latin] For an immoral consideration; on account of \ndisgraceful consideration . An obligation ob turpem \ncausam (Le., founded on what was termed turpis causa) \ncould not be enforced. \nobvention (ob-or ab-ven-shan). Eccles. law. An incoming \nfee or revenue, esp. one that comes occasionally or inci\ndentally. \nobviate (ob-vee-ayt), vb. (16c) 1. To dispose of or do away \nwith (a thing); to anticipate and prevent from arising \n<they obviated the growing problem through legisla\ntion>. 2. To make unnecessary <the movant obviated \nthe all-night drafting session by getting the opponent \nto agree to an extension>. obviation, n. -obviator, \nn. \nobvious error. A standard of review that applies to \nunobjected-to actions and omissions at trial that are \nso seriously prejudicial as to result in manifest injustice. \n[Cases: Appeal and Error (':;=, 181; Criminal Law \n1030(1); Federal Courts ~611.] \nobviousness, n. (1921) Patents. The quality or state of \nbeing easily apparent to a person with ordinary skill \nin a given art, considering the scope and content ofthe \nprior art, so that the person could reasonably believe \nthat, at the time it was conceived, the invention was \nto be expected . An invention that is determined to \nbe obvious cannot be patented. Although an obvious\nness inquiry is rife with questions of fact, the ultimate \nconclusion is a question oflaw. See 35 USCA 5103. Cf. \nNONOBVIOUSNESS. [Cases: Patents ~16.] obvious, \nadj. \nobviousness double patenting. See DOUBLE PATENTING. \nobviousness-type double patenting. 1. DOUBLE PATENT\n1NG. 2. See judicially created double patenting under \nDOUBLE PATENTING (2). \nobviousness-type double-patenting rejection. See judi\ncially created double-patenting rejection under REJEC\nTION. \nO.C. abbr. 1. OPE CONSII_IO. 2. Orphan's court. See probate \ncourt under COURT. \nOCC. abbr. OFFICE OF THE COMPTROLLER OF THE \nCURRENCY. \noccasio (a-kay-zhee-oh). [Law Latin] Hist. 1. A tax that a \nlord imposed on his vassals or tenants for his necessity. \n2. Hindrance or trouble; esp., vexatious litigation. \n\n1184 occasional sale \noccasional sale. See SALE. \noccision (ok-sizh-Jn), n. Rist. A slaying, esp. of"}
{"text": ". See SALE. \noccision (ok-sizh-Jn), n. Rist. A slaying, esp. of more \nthan one person. \noccultatio thesauri inventi (ok-<ll-tay-shee-oh thi'l-saw-rI \nin-ven-H). [Law Latin] Hist. The concealment of found \ntreasure. \noccult marriage. See confidential marriage under \nMARRIAGE (1). \noccupancy. (16c) 1. The act, state, or condition ofholding, \npossessing, or residing in or on something; actual pos\nsession, residence, or tenancy, esp. ofa dwelling or land. \n_ In this sense, the term denotes whatever acts are done \non the land to manifest a claim ofexclusive control and \nto indicate to the public that the actor has appropriated \nthe land. Hence, erecting and maintaining a substantial \nenclosure around a tract ofland usu. constitutes occu\npancy of the whole tract. \nconstructive occupancy. A manifest intent to occupy \nproperty physically, followed within a reasonable time \nby actual occupancy. \n2. The act of taking possession of something that has \nno owner (such as abandoned property) so as to acquire \nlegal ownership. See ADVERSE POSSESSION. 3. The period \nor term during which one owns, rents, or otherwise \noccupies property. 4. The state or condition of being \noccupied. 5. The use to which property is put. \noccupant. (16c) 1. One who has possessory rights in, or \ncontrol over, certain property or premises. 2. One who \nacquires title by occupancy. \ngeneral occupant. (18c) A person who occupies land in \nthe interim arising after the death of a pur autre vie \ntenant but before the death ofthe person who serves \nas the measuring life for the estate . The pur autre \nvie tenant does not state who may occupy the land \nafter the death of the first tenant; the land can be \noccupied by the first possessor of the land. -Also \ntermed common occupant. Cf. CESTUI QUE VIE. \nspecial occupant. (I8c) A person specifically designated \nin a conveyance as being entitled to a life estate ifthe \nconveyee dies before the end ofthe life estate; specif., \na pur autre vie tenant's heir who occupies land in the \ninterim between the death ofthe tenant and the death \nofthe person who serves as the measuring life for the \nestate. _ A special occupancy can arise when the grant \nto the pur autre vie tenant provides that possession is \nfor the life ofthe tenant, then to the tenant's heirs. \noccupant statute. See BETTERMENT ACT. \noccupare (ok-y;:J-pair-ee), vb. [Latin] Civil law. To seize \nor take possession of (property); to enter (land) upon \na vacant possession. \noccupatile (ok-Yi'l-pa-tIl). Hist. Property that has been \nleft by its rightful owner and is now possessed by \nanother. \noccupatio (ok-YJ-pay-shee-oh), n. Roman law. A mode \nof acquisition by which a person obtains absolute title \nby first possessing a thing that previously belonged to no one, such as a wild bird or pearls on the shore. Cf. \nRULE OF CAPTURE (2). \noccupation. (14c) 1. An activity or pursuit in which a \nperson is engaged; esp., a person's usual or principal \nwork or business. \ndangerous occupation. An occupation that involves an \nappreciable risk ofdeath or serious bodily injury. \n2. The possession, control, or use of real property; \nOCCUPANCY. 3. TIle seizure and control of a territory \nby military force; the condition of territory that has \nbeen placed under the authority of a hostile army. \n[Cases: War and National Emergency C=:>30(1).] 4. \nThe period during which territory seized by military \nforce is held. \noccupational crime. See CRIME. \noccupational-disability insurance. See INSURANCE. \noccupational disease. (1901) A disease that is contracted \nas a result of exposure to debilitating conditions or \nsubstances in the course of employment. -Employ\nees who suffer from occupational diseases are eligible \nfor workers' compensation. Courts have construed the \nterm to include a variety of ailments, including lung \nconditions (such as asbestosis or black lung), hearing \nloss, and carpal tunnel syndrome. Also termed \nindustrial disease. [Cases: Workers' Compensation \nC=:>547-551.] \n\"Certain diseases and infirmities which develop gradually \nand imperceptibly as a result of engaging in particular \nemployments and which are generally known and under\nstood to be usual incidents or hazards thereof, are distin\nguished from those having a traumatic origin, or otherwise \ndeveloping suddenly and unexpectedly, by the terms \n'occupational,' and 'industria!.'\" 82 Am. Jur. 2d Workers' \nCompensation  326 (1992). \noccupational hazard. See HAZARD (1). \nOccupational Safety and Health Act of 1970. A federal \nstatute that requires employers to (l) keep the workplace \nfree from recognized hazards that cause or are likely \nto cause death or serious physical harm to employees, \nand (2) comply with standards promulgated by the Sec\nretary ofI~abor. 29 USCA  651-678. -Abbr. OSHA \n(oh-shJ). [Cases: Labor and Employment \n\"Although OSHA has been one of the most controversial \npieces of protective legislation ever enacted, Congress has \nnot passed any substantive amendments to the Act. There \nhave been, however, some limitations on OSHA enforce\nment activity attached to appropriations bills. In addition, \nOSHA has been affected by newer laws such as the Criminal \nFine Enforcement Act, the Equal Access toJustice Act, and \nthe Surface Transportation Assistance Act. ... The Act \ncovers employment in every state, the District of Columbia, \nPuerto Rico. and all American territories, an estimated 5 \nmillion workplaces and 75 million employees.\" Mark A. \nRothstein, Occupational Safety and Health Law 7 (1990). \nOccupational Safety and Health Administration. A \nunit in the U.S. Department of Labor responsible for \nsetting and enforcing workplace safety and health stan\ndards and for helping employers comply with them. \n-It was created under the Occupational Safety and \nHealth Act of 1970. 'There are ten regional offices. \nAbbr. OSHA. [Cases: Labor Relations C=:>9.6, 27.1.] \n\n1185 \nOccupational Safety and Health Review Commis\nsion. An independent, quasi-judicial commission that \nresolves allegations of unsafe or unhealthy working \nconditions. It was established by the Occupational \nSafety and Health Act of 1970. -Abbr. OSHRC. [Cases: \nLabor and Employment (';:::J2571.] \noccupational tax. See occupation tax under TAX. \noccupation tax. See TAX. \noccupavit (ok-p-pay-vit). [Law Latin) Hist. A writ to \nregain possession to land or a tenement from which \none was ejected in time ofwar. \noccupying claimant. (1801) A person who claims the \nright under a statute to recover for the cost ofimprove\nments done to land that is later found not to belong to \nthe person. [Cases: Improvements \noccupying-claimant act. See BETTERMENT ACT. \noccurrence. (1978) Something that happens or takes \nplace; specif., an accident, event, or continuing condi\ntion that results in personal injury or property damage \nthat is neither expected nor intended from the stand\npoint of an insured party. This specific sense is the \nstandard definition of the term under most liability \npolicies. [Cases: Insurance (';:::J2101, 2275.] \noccurrence-based liability insurance. See INSURANCE. \noccurrence policy. See INSURANCE POLICY. \noccurrence rule. Civil procedure. The rule that a limita\ntions period begins to run when the alleged wrongful \nact or omission occurs, rather than when the plaintiff \ndiscovers the injury . This rule applies, for example, to \nmost breach-of-contract claims. See STATUTE OF LIMI\nTATIONS. Cf. DISCOVERY RULE. [Cases: Limitation of \nActions <r~43.] \nocean. (14c) 1. The continuous body of salt water that \ncovers more than 70% of the earth's surface; the high \nseas; the open sea. Cf. SEA. 2. Any ofthe principal geo\ngraphic divisions of this body. There are generally \nconsidered to be five oceans: Atlantic, Pacific, Indian, \nArctic, and Antarctic. \nocean bill oflading. See BILL OF LADING. \nocean marine insurance. See INSURANCE. \nOCHAMPUS. abbr. OFFICE OF CIVILIAN HEALTH AND \nMEDICAL PROGRAMS OF THE UNIFORMED SERVICES. \nochlocracy (ah-klah-kra-see). Government by the lowest \nclasses; mob-rule. \nocto tales (ok-toh tay-Ieez or taylz). [Latin \"eight such\"] \n1. A supply of eight additional jurors for a trial. 2. A \nwrit commanding a sheriff to summon eight more \njurors for a trial. See TALES. [Cases: Jury(~~72.] \noctroi (ok-troy or ahk-trwah), n. [French]l. Hist. A grant \nor privilege of a charter by a sovereign. 2. A local tax \nlevied on certain goods that are brought into a city (esp. \nin some European countries). 3. The place where such \na tax is collected. 4. 'The agency for collecting such a \ntax. offender \noctroy (ok-troy), vb. (Of a sovereign) to grant or concede \nas a privilege. \nold. abbr. 1. OVERDRAFT (1). 2. OVERDRAFT (2). \nOD. abbr. 1. Overdose. 2. OVERDRAFT (1). 3. OVERDRAFT \n(2).4. See ordinary seaman under SEAMAN. \nodal (oh-da!), n. Hist. Land not subject to feudal duties \nor burdens; ALLODIUM. Also termed odel; odhal; \nodhall. -odal, adj. <an odal right>. \nodd lot. See LOT (3). \nodd-lot, adj. Of, relating to, or designating a worker who \nis so substantially disabled as to be unable to find stable \nemployment in the ordinary labor market, and thus is \nconsidered totally disabled and entitled to workers'\ncompensation benefits under the odd-lot doctrine <an \nodd-lot worker who could find only sporadic employ\nment>. [Cases: Workers' Compensation C:::>847.] \nodd-lot doctrine. Workers' compensation. The doctrine \nthat permits a finding of total disability for an injured \nclaimant who, though able to work sporadically, cannot \nobtain regular employment and steady income and \nis thus considered an \"odd lot\" in the labor market. \n[Cases: Workers' Compensation (';:::J847.] \nodel. See ODAL. \nodhal. See ODAL. \nodhall. See ODAL. \nodio et atia. See DE ODIO ET ATIA. \nodium (oh-dee-~m). (17c) 1. The state or fact of being \nhated. 2. A state ofdisgrace, usu. resulting from detest\nable conduct. 3. Hatred or strong aversion accompanied \nby loathing or contempt. -odious, adj. \nODP. abbr. OFFICE OF DOMESTIC PREPAREDNESS. \noeconomicus (ee-ka-nom-a-k<:>s). [Law Latin fro Greek] \nHist. An executor ofa will. \noeconomus (ee-kon-~-m<:>s). [Latin fro Greek] Civil law. \nA manager or administrator. \nOEQ. abbr. OFFICE OF ENVIRONMENTAL QUALITY. \nOES. abbr. BUREAU OF OCEANS AND INTERNATIONAL \nENVIRONMENTAL AND SCIENTIFIC AFFAIRS. \nOFCCP. abbr. OFFICE OF FEDERAL CONTRACT COMPLI\nANCE PROGRAMS. \nofcounsel. See COUNSEL. \nof course. (16c) 1. FollOWing the ordinary procedure \n<the writ was issued as a matter of course>. 2. Natu\nrally; obviously; clearly <we'll appeal that ruling, of \ncourse>. \noff-board, adj. Outside a major exchange; over-the\ncounter or between private parties <an off-board secu\nrities transaction>. Also termed off-the-board. See \nOVER-THE-COUNTER. \noffender. (15c) A person who has committed a crime. \nadult offender. (1831) 1. A person who has committed \na crime after reaching the age ofmajority. 2. A person \nwho, having committed a crime while a minor, has \nbeen convicted after reaching the age of majority. 3. \n\n1186 offense \nA juvenile who has committed a crime and is tried \nas an adult rather than as a juvenile. [Cases: Infants \nC-'68.5.] \ncareer offender. (1965) Under the federal-sentencing \nguidelines, an adult who, after being convicted of \ntwo violent felonies or controlled-substance felonies, \ncommits another such felony. u.s. Sentencing Guide\nlines Manual  4Bl.l. [Cases: Sentencing and Punish\nment C::--> 1200-1426.] \nfirst offender. (1884) A person who authorities believe \nhas committed a crime but who has never before \nbeen convicted ofa crime. _ First offenders are often \ntreated leniently at sentencing or in plea negotiations. \n[Cases: Criminal Law <8=:'273.1(2); Sentencing and \nPunishment 868,1871,2066.] \nhabitual offender. 1. A person who commits the same \nor a similar offense a certain number of times in \na certain period, as set by statute, and is therefore \neligible for an enhanced sentence. [Cases: Sentencing \nand Punishment ~1200-1426.] 2. RECIDIVIST. \nprior andpersistent offender. Missouri law. See RECID\nIVIST. \nrepeat offender. (1956) A person who has been con\nvicted of a crime more than once; RECIDIVIST"}
{"text": "\nrepeat offender. (1956) A person who has been con\nvicted of a crime more than once; RECIDIVIST. [Cases: \nSentencing and Punishment (>~~ 1202.] \nsituational offender. (1945) A first-time offender who \nis unlikely to commit future crimes. \nstatus offender. (1967) A youth who engages in conduct \nthat -though not criminal by adult standards -is \nconsidered inappropriate enough to bring a charge \nagainst the youth in juvenile court; a juvenile who \ncommits a status offense. Cf. youthful offender; \nJUVENILE DELINQUENT. [Cases: Infants ~153.J \nyouthful offender. (1885) 1. A person in late adoles\ncence or early adulthood who has been convicted of \na crime. _ A youthful offender is often eligible for \nspecial programs not available to older offenders, \nincluding community supervision, the successful \ncompletion of which may lead to erasing the convic\ntion from the offender's record. [Cases: Infants \n69(3).] 2. JUVENILE DELINQUENT. -Also termed \nyoung offender; youth offender. Cf. status offender. \noffense (;dents). (l4c) 1. A violation ofthe law; a crime, \noften a minor one. See CRIME. -Also termed criminal \noffense. [Cases: Criminal Law.] \n\"The terms 'crime,' 'offense,' and 'criminal offense' are all \nsaid to be synonymous, and ordinarily used interchange\nably. 'Offense' may comprehend every crime and misde\nmeanor, or may be used in a specific sense as synonymous \nwith 'felony' or with 'misdemeanor,' as the case may be, or \nas signifying a crime of lesser grade, or an act not indict \nable, but punishable summarily or by the forfeiture of a \npenalty.\" 22 CJ,S. Criminal Law  3, at 4 (1989). \nacquisitive offense. (1981) An offense characterized by \nthe unlawful appropriation of another's property. \nThis is a generic term that refers to a variety ofcrimes \n(such as larceny) rather than a particular one. allied offense. (1896) A crime with elements so similar \nto those ofanother that the commission of the one is \nautomatically the commission of the other. [Cases: \nCriminal Law <8=:>29.] \nanticipatory offense. See inchoate offense. \narrestable offense. English law. An offense for which \nthe punishment is fixed by law or for which a statute \nauthorizes imprisonment for five years, or an attempt \nto commit such an offense. -This statutory category, \ncreated in 1967, abolished the traditional distinction \nbetween felonies and misdemeanors. Also spelled \n(esp. in BrE) arrestable offence. \nbailable offense. (18c) A criminal charge for which a \ndefendant may be released from custody after provid\ning proper security <misdemeanor theft is a bailable \noffense>. [Cases: Bail \ncapital offense. (16c) A crime for which the death \npenalty may be imposed. -Also termed capital crime. \n[Cases: Sentencing and Punishment ~1666.] \ncivil offense. See public tort under TORT. \ncognate offense. (1866) A lesser offense that is related \nto the greater offense because it shares several of the \nelements ofthe greater offense and is ofthe same class \nor category. -For example, shoplifting is a cognate \noffense oflarceny because both crimes require the \nelement oftaking property with the intent to deprive \nthe rightful owner ofthat property. Cf.lesser included \noffense. [Cases: Indictment and Information \n191.] \ncompound offense. An offense composed of one or \nmore separate offenses. -For example, robbery is a \ncompound offense composed oflarceny and assault. \ncontinuing offense. (I8c) A crime (such as a conspir\nacy) that is committed over a period of time, so that \nthe last act of the crime controls when the statute of \nlimitations begins to run. [Cases: Criminal Law \n150.] \ncumulative offense. (1833) An offense committed by \nrepeating the same act at different times. \ndivisible offense. (1847) A crime that includes one or \nmore crimes oflesser grade. -For example, murder \nis a divisible offense comprising assault, battery, and \nassault with intent to kill. \nextraneous offense. (1881) An offense beyond or unre\nlated to the offense for which a defendant is on trial. \n[Cases: Criminal Law C=)369-374.] \ngraded offense. (1891) A crime that is divided into \nvarious degrees of severity with corresponding levels \nofpunishment, such as murder (first-degree and sec\nond-degree) or assault (simple and aggravated). See \nDEGREE (2). [Cases: Criminal Law~28.] \nimpeachable offense. See IMPEACHABLE OFFENSE. \ninchoate offense. (1809) A step toward the commis\nsion of another crime, the step in itself being serious \nenough to merit punishment. -The three inchoate \noffenses are attempt, conspiracy, and solicitation. The \n\n1187 \nterm is sometimes criticized (see quot. below). -Also \ntermed anticipatory offense; inchoate crime; prelimi\nnary crime. [Cases: Conspiracy <>23.1; Criminal \nLaw <>44, 45.J \n\"These preliminary crimes have sometimes been errone\nously described as 'inchoate' offences. This is misleading \nbecause the word 'inchoate' connotes something which is I \nnot yet completed, and it is therefore not accurately used ' \nto denote something which is itself complete, even though \nit be a link in a chain of events leading to some object \nwhich is not yet attained. The offence of incitement is fully \nperformed even though the person incited immediately \nrepudiates the suggested deed, a conspiracy is committed \nalthough the conspirators have not yet moved to execute ! \ntheir purposed crime, and the performance of a criminal i \nattempt must always have been reached before the end is I \ngained. In all these instances it is the ultimate crime which ' \nis inchoate and not the preliminary crime, the pOSition \nindeed being just the same as in the example imagined \nabove of a man who stole a revolver and committed other \ncrimes in order to effect his purpose of murder. There the \nmurder was inchoate, but the larceny and other crimes \n(including the attempt) were completed.\" J.w. Cecil Turner, I \nKenny's Outlines ofCriminal Law 77 (l6th ed. 1952). \nincluded offense. See lesser included offense. \nindex offense. (1980) One of eight classes of crimes \nreported annually by the FBI in the Uniform Crime \nReport. The eight classes are murder (and nonneg\nligent homicide), rape, robbery, aggravated assault, \nburglary, larceny-theft, arson, and auto theft. -Also \ntermed index crime. \nindictable offense. (18c) A crime that can be prosecuted \nonly by indictment. -In federal court, such an offense \nis one punishable by death or by imprisonment for \nmore than one year or at hard labor. Fed. R. Crim. P. \n7(a). See INDICTMENT. [Cases: Indictment and Infor\nmation C=)3.] \ninternational offense. See INTERNATIONAL CRIME. \njoint offense. (l8c) An offense (such as conspiracy) com\nmitted by the participation of two or more persons. \nlesser included offense. (1908) A crime that is \ncomposed of some, but not all, of the elements of a \nmore serious crime and that is necessarily committed \nin carrying out the greater crime <battery is a lesser \nincluded offense of murder>. -For double-jeopardy \npurposes, a lesser included offense is considered the \n\"same offense\" as the greater offense, so that acquittal \nor conviction of either offense precludes a separate \ntrial for the other. -Also termed included offense; \nnecessarily included offense; predicate offense; predi\ncate act. Cf. cognate offense. [Cases: Indictment and \nInformation <> 189, 191.J \nliquor offense. Any crime involving the inappropri\nate use or sale ofintoxicating liquor. See DRAM-SHOP \nLIABILITY; DRIVING WHILE INTOXICATED. [Cases: \nIntoxicating Liquors <8:= 131-176.] \nmajor offense. An offense the commission of which \ninvolves one or more lesser included offenses, as \nmurder may include assault and battery. [Cases: \nIndictment and Information <8:=\" 191.] \nmilitary offense. See MILITARY OFFENSE. offense \nmultiple offense. (1908) An offense that violates more \nthan one law but that may require different proof so \nthat an acquittal or conviction under one statute does \nnot exempt the defendant from prosecution under \nanother. [Cases: Double Jeopardy <8:= 134.] \nnecessarily included offense. See lesser included \noffense. \nnegligent offense. A violation of law arising from a \ndefective discharge of duty or from criminal negli\ngence. See criminal negligence under NEGLIGENCE. \nobject offense. The crime that is the object ofthe defen\ndant's attempt, solicitation, conspiracy, or complic\nity. For example, murder is the object offense in a \ncharge of attempted murder. Also termed target \noffense. \noffense against property. (1837) A crime against \nanother's personal property. -The common-law \noffenses against property were larceny, embezzle\nment, cheating, cheating by false pretenses, robbery, \nreceiving stolen goods, malicious mischief, forgery, \nand uttering forged instruments. Although the term \ncrimes against property, a common term in modern \nusage, includes crimes against real property, the term \noffense against property is traditionally restricted to \npersonal property. Cf. CRIMES AGAINST PROPERTY. \noffense against public justice and authority. A crime \nthat impairs the administration of justice. -The \ncommon-law offenses of this type were obstruc\ntion of justice, barratry, maintenance, champerty, \nembracery, escape, prison breach, rescue, mispri\nsion offelony, compounding a crime, subornation of \nperjury, bribery, and misconduct in office. \noffense against the habitation. (1849) A crime against \nanother's house -traditionally either arson or \nburglary. \noffense against the person. (1854) A crime against \nthe body of another human being. The common\nlaw offenses against the person were murder, man\nslaughter, mayhem, rape, assault, battery, robbery, \nfalse imprisonment, abortion, seduction, kidnapping, \nand abduction. Cf. CRIMES AGAINST PERSONS. \noffense against the public health, safety, comfort, and \nmorals. A crime trad itionally viewed as endangering \nthe whole of society. The common-law offenses of \nthis type were nuisance, bigamy, adultery, fornica\ntion, lewdness, illicit cohabitation, incest, miscege\nnation, sodomy, bestiality, buggery, abortion, and \nseduction. \noffense against the public peace. (18c) A crime that \ntends to disturb the peace. -The common-law \noffenses of this type were riot, unlawful assembly, \ndueling, rout, affray, forcible entry and detainer, and \nlibel on a private person. [Cases: Criminal Law \n45.15; Disorderly Conduct <>105, 128; Riot 1; \nUnlawful Assembly C=~., 1. \npetty offense. (17c) A minor or insignificant crime. 18 \nUSCA  19. Cf. serious offense. \n\n\"[W]e find ... an apparent implication that a 'petty offense' \nis not a 'crime.' Much could be said for such a position but \nit is not the law at the present time. In the federal penal \ncode, for example, it is provided that any misdemeanor \n'the penalty for which does not exceed imprisonment for \na period of six months or a fine of not more than $500, \nor both, is a petty offense.'\" Rollin M. Perkins & Ronald N. \nBoyce, Criminal Law 22 (3d ed. 1982) (quoting 18 USCA \n 1(3. \npolitical offense. See POLITICAL OFFENSE. \npredicate offense. 1. An earlier offense that can be used \nto enhance a sentence levied for a later conviction. \n-Predicate offences are defined by statute and are \nnot uniform from state to state. 2. See lesser included \noffense. [Cases: Sentencing and Punishment C=::> \n1286-1309.] \npublic offense. (l6c) An act or omission forbidden by \nlaw. \npublic-welfare offense. (1933) A minor offense that \ndoes not involve moral delinquency and is prohib\nited only to secure the effective regulation ofconduct \nin the interest of the community. -An example is \ndriving a car with one brake-light missing. -Also \ntermed regulatory offense; contravention. \nregulatory offense. 1. A statutory crime, as opposed to \na common-law crime. 2. See public-welfare offense. \nsame offense.!. For double-jeopardy purposes, the same \ncriminal act, omission, or transaction for which the \nperson has already stood trial. See DOUBLE JEOPARDY. \n[Cases: Double Jeopardy 132.1.] 2. For sentenc\ning and enhancement-of-punishment purposes, an \noffense that is quite similar to a previous one. \nsecond offense. An offense committed after conviction \nfor a first offense . The previous conviction, not the \nindictment, forms the basis of the charge ofa second \noffense. \nseparate offense. (l8c) 1. An offense arising out of the \nsame event as another offense but containing some \ndifferences in elements of proof.  A person may be \ntried, convicted, and sentenced for each separate \noffense. 2. An offense arising out of a different event \nentirely from another offense under consideration. "}
{"text": "separate \noffense. 2. An offense arising out of a different event \nentirely from another offense under consideration. \nserious offense. (i8c) An offense not classified as a \npetty offense and usu. carrying at least a six-month \nsentence. Also termed serious crime. Cf. petty \noffense. \nsexual offense. (1885) An offense involving unlawful \nsexual conduct, such as prostitution, indecent \nexposure, incest, pederasty, and bestiality. \nstatus offense. (1960) 1. See status crime under CRIME. \n2. A minor's violation of the juvenile code by doing \nsome act that would not be considered illegal if an \nadult did it, but that indicates that the minor is beyond \nparental controL -Examples include running away \nfrom home, truancy, and incorrigibility. See JUVENILE \nDELINQUENCY. \nstrict-liability offense. An offense for which the action \nalone is enough to warrant a conviction, with no need to prove a mental state . For example, illegal parking \nis a strict-liability offense. [Cases: Criminal Law C::: \n21.] \nsubstantive offense (s<)b-st;m-tiv). (I8c) A crime that \nis complete in itself and is not dependent on another \ncrime for one ofits elements. Also termed substan\ntive crime; substantive felony. \nsummary offense. (1928) An offense (such as a petty \nmisdemeanor) that can be prosecuted without an \nindictment. Cf. indictable offense. \ntarget offense. See object offense. \nunnatural offense. See SODOMY. \nunrelated offense. (1896) A crime that is independent \nfrom the charged offense. \nviolent offense. (1965) A crime characterized by \nextreme physical force, such as murder, forcible rape, \nand assault and battery with a dangerous weapon. \nAlso termed violent felony. [Cases: Sentencing and \nPunishment 793, 1243, 1261, 1283.] \n2. Civil law. An intentional unlawful act that causes \ninjury or loss to another and that gives rise to a claim \nfor damages. La. Civ. Code art. 2315. -This sense of \noffense is essentially the same as the common-law \nintentional tort. [Cases: Torts C=::> 1Ol.] \nquasi-offense. Civil law. A negligent unlawful act that \ncauses injury or loss to another and that gives rise to \na claim for damages. -This is equivalent to the com\nmon-law tort of negligence. -Also termed quasi\ndelict. [Cases: Negligence C=::>200.] \n3. Parliamentary law. A breach of order or other mis\nconduct for which the applicable rules subject a member \nto a penalty. \noffensive (a-fen-siv), adj. (l6c) 1. Of or for attack <an \noffensive weapon>. 2. Unpleasant or disagreeable to \nthe senses; obnoxious <an offensive odor>. 3. Causing \ndispleasure, anger, or resentment; esp., repugnant to the \nprevailing sense of what is decent or moral <patently \noffensive language and photographs>. See OBSCENE. \noffensive and defensive league. Int'llaw. A league \nbinding the parties not only to aid one another when \nattacked but also to support one another when attack\ning in offensive warfare. \noffensive collateral estoppel. See COLLATERAL \nESTOPPEL. \noffensive lockout. See LOCKOUT. \noffensive strike. See STRIKE. \noffensive treaty. See TREATY (1). \noffensive-use waiver. (1993) An exemption from the \nattorney-client privilege, whereby a litigant is consid\nered to have waived the privilege by seeking affirmative \nrelief, ifthe claim relies on privileged information that \nwould be outcome-determinative and that the opposing \nparty has no other way to obtain. Cf. AT-ISSUE WAIVER. \n[Cases: Privileged Communications and Confidential\nity(;=111,168.] \n\n1189 \noffer, n. (ISc) 1. The act or an instance of presenting \nsomething for acceptance <the prosecutor's offer of \nimmunity>. 2. A promise to do or refrain from doing \nsome specified thing in the future, conditioned on \nan act, forbearance, or return promise being given in \nexchange for the promise or its performance; a display \nof willingness to enter into a contract on specified \nterms, made in a way that would lead a reasonable \nperson to understand that an acceptance, haVing been \nsought, will result in a binding contract <she accepted \nthe $7S0 offer on the Victorian armoire>. Cf. ACCEP\nTANCE. [Cases: Contracts C='16; Sales (;::22(.5), 23(.S); \nVendor and Purchaser C=16(1),17.] \n\"[Aln offer is, in effect, a promise by the offeror to do or \nabstain from doing something, provided that the offeree \nwill accept the offer and payor promise to pay the 'price' of \nthe offer. The price, of course, need not be a monetary one. \nIn fact, in bilateral contracts, as we explained earlier, the \nmere promise of payment of the price suffices to conclude \nthe contract, while in a unilateral contract it is the actual \npayment of the price which is required.\" P.S. Atiyah, An \nIntroduction to the Law ofContract 44 (3d ed. 1981). \nirrevocable offer (i-rev-;l-kd-b;ll). (188S) An offer that \nincludes a promise to keep it open for a specified \nperiod, during which the offer cannot be withdrawn \nwithout the offeror's becoming subject to liability \nfor breach of contract. Traditionally, this type of \npromise must be supported by consideration to be \nenforceable, but under DCC  2-20S, a merchant's \nsigned, written offer giving assurances that it will be \nheld open but lacking consideration is nonethe\nless irrevocable for the stated period (or, ifnot stated, \nfor a reasonable time not exceeding three months). \nAlso termed (in the DCC) firm offer; (specif.) mer\nchant's firm offer. [Cases: Contracts ~16; Sales \n22; Vendor and Purchaser ~18(.S).] \n\"It has sometimes been asserted that an irrevocable offer is \n'a legal impossibility.' See Langdell, Summary of the Law of \nContracts,  178, also  4; Wormser, 'The True Conception \nof Unilateral Contracts,' 26 Yale Law Journal, 137, note; \nLee, Title Contracts, in Jenks' Dig. of Eng. Civ. Law,  195; \nAshley, Contracts,  13, A close analysis shows that there \nis nothing impossible either in the conception itself or in \nits application. If we define 'offer' as an act on the part of \nthe offeror. , . , then no offer can ever be revoked, for it \nis of yesterday -it is indeed factum. But if we mean by \n'offer' the legal relation that results from the offeror's act, \nthe powerthen given to the offeree of creating contractual \nrelations by doing certain voluntary acts on his part, then \nthe offer may be either revocable or irrevocable according I \nto the circumstances. The idea of an irrevocable power is I \nnot at all an unfamiliar one.\" William R. Anson, Principles ' \nofthe Law ofContract 53-54 n.3 (Arthur L. Corbin ed., 3d \nAm. ed. 1919). \noffer to all the world. (1861) An offer, by way of adver\ntisement, of a reward for the rendering of specified \nservices, addressed to the public at large. _ As soon as \nsomeone renders the services, a contract is made. \nAlso termed public offer. \noffer to chaffer. See INVITATION TO NEGOTIATE. \npublic-exchange offer. A takeover attempt in which \nthe bidder corporation offers to exchange some of its \nsecurities for a specified number ofthe target corpo\nration's voting shares. Cf. TENDER OFFER. offering \npublic offer. See offer to all the world. \nstanding offer. (1842) An offer that is in effect a whole \nseries ofoffers, each ofwhich is capable ofbeing con\nverted into a contract by a distinct acceptance. \ntender offer. See TENDER OFFER. \ntwo-tier offer. See TWO-TIER OFFER. \n3. A price at which one is ready to buy or sell; BID <she \nlowered her offer to $200>. 4. ATTEMPT (2) <an offer to \ncommit battery>. offer, vb. -offeror, n. \n\"Where criminal assault has been given this dual scope, \na definition in terms of 'an attempt or offer' to commit a \nbattery is assumed to represent both grounds. The word \n'offer,' it is said, signifies a threat that places the other \nin reasonable apprehension of receiving an immediate \nbattery. It would be a mistake, however, to assume that the \nword carried any such significance when it first appeared in \nthe definition of this offense. In one of its meanings, 'offer' \nis a synonym of 'attempt.'\" Rollin M. Perkins & Ronald N. \nBoyce, Criminal Law 163 (3d ed. 1982). \nofferee (ah-f;lr-ee). (1882) One to whom an offer is \nmade. \noffer for sale by tender. See Dutch auction (4) under \nAUCTION. \noffer in compromise. See OFFER OF COMPROMISE. \noffering, n. (ISc) 1. The act of making an offer; some\nthing offered for sale. 2. The sale of an issue of securi\nties. Also termed (in BrE) flotation. See ISSUE (2). \n[Cases: Securities Regulation C=) ILl 1.] \nall-or-none offering. An offering that allows the issuer \nto terminate the distribution if the entire block of \noffered securities is not sold, \ninitial public offering. A company's first public sale of \nstock; the first offering of an issuer's equity securi\nties to the public through a registration statement. \nAbbr. lPO. [Cases: Securities Regulation (;:c.::>25.17.] \nnegotiated offering. A securities offering in which the \nterms (including the underwriters' compensation) \nhave been negotiated between the issuer and the \nunderwriters. \nprimary offering. An offering of newly issued securi\nties. \nprivate offering. An offering made only to a small \ngroup of interested buyers. Also termed private \nplacement. [Cases: Securities Regulation (':::J 18.11.] \npublic offering. An offering made to the general \npublic. \nregistered offering. A public offering of securities reg\nistered with the SEC and with appropriate state secu\nrities commissions. -Also termed registered public \noffering. [Cases: Securities Regulation C=2S.17.] \nrights offering. An issue of stock-purchase rights \nallowing shareholders to buy newly issued stock at \na fixed price, usu. below market value, and in pro\nportion to the number of shares they already own. \nAlso termed privileged subscription. Cf. PREEMPTIVE \nRIGHT. \n\nsecondary offering. 1. Any offering by an issuer ofsecu\nrities after its initial public offering. 2. An offering \nof preViously issued securities by persons other than \nthe issuer. See secondary distribution (1) under DIS\nTRIBUTION. \nspecial offering. An offering of a large block of stock \nthat, because of its size and the market in the par\nticular issue, is specially handled on the Hoor of the \nstock exchange. \nundigested offering. A public offering ofsecurities that \nremain unsold because there is insufficient demand \nat the offered price. \noffering circular. A document, similar to a prospectus, \nthat provides information about a private securities \noffering. -Also termed offering statement. [Cases: \nSecurities Regulation C=>2S.S0-2S.7S.] \noffering price. See asking price under PRICE. \noffering statement. See OFFERING CIRCULAR. \noffer ofcompromise. (I8c) An offer by one party to settle \na dispute amicably (usu. by paying money) to avoid or \nend a lawsuit or other legal action. -An offer of com\npromise is usu. not admissible at trial as evidence ofthe \noffering party's liability but may be admissible for other \npurposes. Also termed offer in compromise; offer of \nsettlement. [Cases: Evidence C='212.] \noffer ofjudgment. (1971) A settlement offer by one party \nto allow a specified judgment to be taken against the \nparty. _ In federal procedure (and in many states), if the \nadverse party rejects the offer, and ifa judgment finally \nobtained by that party is not more favorable than the \noffer, then that party must pay the costs incurred after \nthe offer was made. Fed. R. Civ. P. 68. [Cases; Federal \nCivil Procedure C=>2396.S, 272S; Judgment C=>74.] \noffer of performance. (I8c) Contracts. One party's \nreasonable assurance to the other, through words or \nconduct, of a present ability to fulfill contractual obli\ngations. -When performances are to be exchanged \nSimultaneously, each party is entitled to refuse to \nproceed with the exchange until the other party makes \nan appropriate offer of performance. Cf. TEKDER (1). \n[Cases: Contracts C=>Z79; Sales 185.] \n'The requirement of an offer of performance is to be \napplied in the light of what is reasonably to be expected by \nthe parties in view of the practical difficulties of absolute \nsimultaneity and is subject to the agreement of the parties. \nas supplemented or qualified by usage and course of \ndealing.\" Restatement (Second) of Contracts  238 emt. \nb (1979). \noffer ofproof. (17c) Procedure. A presentation ofevidence \nfor the record (but outside the jury's presence) usu. \nmade after the judge has sustained an objection to the \nadmissibility of that evidence, so that the evidence can \nbe preserved on the record for an appeal of the judge's \nruling. -An offer of proof, which may also be used to \npersuade the court to admit the evidence, consists of \nthree parts: (1) the evidence itself, (Z) an explanation of \nthe purpose for which it is offered (its relevance), and \n(3) an argument"}
{"text": "the evidence itself, (Z) an explanation of \nthe purpose for which it is offered (its relevance), and \n(3) an argument supporting admissibility. Such an offer \nmay include tangible evidence or testimony (through questions and answers, a lawyer's narrative description, \nor an affidaVit). Fed. R. Evid. 103(a)(2). Also termed \navowal. [Cases: Criminal Law C=>670; Federal Civil \nProcedure C'J2013; Trial C~':::>44.] \noffer ofsettlement. See OFFER OF COMPROMISE. \nofferor (ah-f<'lr-or). (1882) One who makes an offer. \noffer to all the world. See OFFER. \noffer to chaffer. See INVITATION TO :NEGOTIATE. \noffice. (l3c) 1. A position of duty, trust, or authority, \nesp. one conferred by a governmental authority for a \npublic purpose <the office ofattorney general>. [Cases: \nOfficers and Public Employees <>1.] 2. (often cap.) A \ndivision of the U.S. government ranking immedi\nately below a department <the Patent and Trademark \nOffice>. [Cases: United States ~29.]3. A place where \nbusiness is conducted or services are performed <a law \noffice>. \nalienation office. English law. An office for the recovery \noffines levied upon writs of covenant and entries. \nlucrative office. 1. A pOSition that produces fee revenue \nor a salary to the office holder. 2. A position that yields \na salary adequate to the services rendered and exceed\ning incidental expenses; a position whose pay is tied to \nthe performance ofthe office's duties. [Cases: Officers \nand Public Employees C=>30.1.] \nministerial office. An office that does not include \nauthority to exercise judgment, only to carry out \norders given by a superior office, or to perform duties \nor acts required by rules, statutes, or regulations. \n[Cases: Officers and Public Employees C=> 103.] \noffice ofhonor. An uncompensated public position of \nconsiderable dignity and importance to which public \ntrusts or interests are confided. [Cases: Officers and \nPublic Employees \nOffice action. Patents & Trademarks. A patent exam\niner's communication with a patent applicant, usu. to \nstate the reasons for denying an application. [Cases: \nPatents C=>108.] \nadvisory Office action. An office action in which the \npatent examiner replies to an applicant's response \nfollowing final rejection of the application. -An \nadvisory action addresses the status ofan amendment \nmade in the applicant's response to the final rejection, \nindicates the status ofthe claims for appeal, addresses \nan affidavit or exhibit, or responds to a request for \nreconsideration. -Also termed advisory action. \nfinal Office action. A patent examiner's determina\ntion that an application is not allowable. _ The appli\ncant may file a continuation application, appeal the \ndecision, or request continued prosecution. Cf. first \noffice action. [Cases: Patents ~-:: 108.] \nfirst Office action. A patent examiner's initial reply to a \npatent application. -Ifthe examiner's first report is a \nrejection ofall or most ofthe application's claims, it is \ntermed a shotgun rejection. To avoid abandoning the \nprosecution, the applicant must respond by answer\n\n1191 \ning the examiner's reasons for rejection, amending \nthe claims, or both. Cf. final office action. \noffice audit. See AUDIT. \noffice-block ballot. See BALWT (4). \noffice classification. See CLASSIFICATION OF PATENTS. \noffice expense. See OVERHEAD. \noffice grant. See GRANT. \noffice hours. Military law. See nonjudicial punishment \nunder PUNISHMENT. \noffice lawyer. See OFFICE PRACTITIONER. \noffice ofchild-support enforcement. Family law. A state \nor federal agency established under Title IV(D) ofthe \nSocial Security Act to help custodial parents collect \nchild support. 42 USCA  651 et seq . State offices \nof child-support enforcement generally come under \nthe aegis of the Department of Human Resources. \nThe federal Office of Child Support Enforcement has \nestablished the Parent-Locator Service. [Cases: Child \nSupport C=>465.] \nOffice ofCivilian Health and Medical Programs ofthe \nUniformed Services. A unit in the U.S. Department \nof Defense responsible for administering a civilian \nhealth and medical care program for the spouses and \ndependent children of active members of the armed \nforces and for retired military personnel, their spouses \nand children. Abbr. OCHAMPUS. [Cases: Armed \nServices C=>50.] \nOffice of Commuuity Planning and Development. A \nunit in the U.S. Department of Housing and Urban \nDevelopment responsible for administering grant \nprograms to help communities plan and finance their \ngrowth and development, increase their capacity to \ngovern, and provide shelter and services for homeless \npeople. -Abbr. CPD. \nOffice of Counterintelligence. An office in the U.S. \nDepartment of Energy responsible for conducting \ncounterintelligence programs involving industrial \nintelligence activities of foreigners and foreign gov\nernments. \nOffice of Domestic Preparedness. A unit in the U.S. \nDepartment of Homeland Security responsible for \nhelping state and local governments train and equip \nemergency responders, plan and conduct disaster \ndrills, and offer other technical assistance to prevent, \nplan for, and respond to acts of terrorism . The Office \nwas transferred from the U.S. Department of Justice in \n2003. -Abbr. ODP. \nOffice of Enrollment and Discipline. Patents. The \ndivision of the U.S. Patent and Trademark Office \ncharged with licensing patent attorneys and patent \nagents, and with hearing complaints involving their \nmisconduct.  The office is authorized to sanction prac\ntitioners, and to suspend or disbar them from practice \nbefore the PTO. Its authority is concurrent with state \ndisciplinary procedures. -Abbr. OED. [Cases: Patents \nCc:::'97.] Office of Initial Patent Examination \nOffice of Environmental Quality. An office in the Exec\nutive Office of the President responsible for supporting \nthe Council on Environmental Quality. Abbr.OEQ. \nSee COUNCIL ON ENVIRONMENTAL QUALITY. \nOffice of Fair Housing and Equal Opportunity. A unit \nin the U.S. Department ofHousing and Urban Devel\nopment responsible for administering the fair-housing \nlaws and regulations that prohibit discrimination in \npublic and private housing. Abbr. FHEO. [Cases: \nCivil Rights C=> 1302.] \nOffice of Federal Contract Compliance Programs. lhe \ndivision of the Employment Standards Administration \nin the U.S. Department of Labor responsible for enforc\ning contractors' compliance with Executive Order \n11246, which prohibits job discrimination on the basis \nof race, color, gender, religion, or national origin. \nAbbr. OFCCP. See EMPLOYMENT STANDARDS ADMINIS\nTRATION; DEPARTMENT OF LABOR. [Cases: Civil Rights \nC=> 1302, 1503.] \nOffice of Federal Housing Enterprise Oversight. A \nunit in the U.S. Department of Housing and Urban \nDevelopment responsible for overseeing the financial \nsafety and soundness of the Federal National Mortgage \nAssociation (Fannie Mae) and the Federal Home \nLoan Mortgage Corporation (Freddie Mac). Abbr. \nOFHEO. \nOffice of Government Ethics. An independent agency \nin the executive branch responsible for issuing rules \nand regulations about ethical conduct and financial \ndisclosure, providing training in ethics, monitoring \nthe ethics of practices in departments and agencies, \nand giving guidance on matters ofethics. The agency \nwas established under the Ethics in Government Act of \n1978 and became a separate agency in 1988. Abbr. \nOGE. [Cases: United States (::::::>41.] \nOffice of Healthy Homes and Lead Hazard Control. \nA unit office in the U.S. Department of Housing and \nUrban Development responsible for informing the \npublic about the dangers of lead poisoning, esp. by \nlead-based paint; developing methods ofdetection and \nabatement; encouraging states and local governments \nto develop prevention programs; and implementing \nthe Department's Healthy Home Initiative to warn the \npublic of other potential household hazards. Abbr. \nOHHLHC. \noffice of honor. See OFFICE. \nOffice of Housing. A unit in the U.S. Department of \nHousing and Urban Development responsible for \nadministering aid for building and financing new \nand rehabilitated housing and for preserving existing \nhOUSing. \nOffice of Initial Patent Examination. The section of \nthe U.S. Patent and Trademark Office that determines \nwhether a new patent application is in the correct form, \nwhether the claims are dependent or independent, \nhow much the application fee should be, and to which \nexamining group the application should be assigned. \nAbbr. OIPE. [Cases: Patents (:=104.] \n\n1192 Office of Labor-Management Standards \nOffice of Labor-Management Standards. The division \nof the Employment Standards Administration in the \nU.S. Department of Labor responsible for enforcing \nthe Labor-Management Reporting and Disclosure Act \nof 1959, which establishes standards for labor-union \nmanagement and financial operations. _ The Act sets \nout a list of union-members' rights, including the right \nto fair elections of union leaders, the right to know \nabout the union's administrative policies and finan\ncial transactions, and the right to have union funds \nsafeguarded. -Abbr. OLMS. See EMPLOYMENT STAN\nDARDS ADMINISTRATION. \nOffice of Management and Budget. An office in the \nExecutive Office ofthe President responsible for helping \nthe President prepare the annual federal budget and \nsupervising its administration. _ It was originally \nestablished by Reorganization Plan No.1 of1939 as the \nBureau of the Budget. -Abbr. OMB. [Cases: United \nStates (;::;:)79.] \nOffice of Medical Services. A unit in the U.S. Depart\nment ofState responsible for providing primary health\ncare services for the Department's overseas employees \nand their eligible family members. -Abbr. MED. \nOffice of National Drug Control Policy. An office in \nthe Executive Office of the President responsible for \ncoordinating efforts at federal, state, and local levels \nto control illegal drug abuse and for devising national \nantidrug activities. -The office was created by the \nNational Narcotics Leadership Act of 1988.21 USCA \n 1701-1713. -Abbr. ONDCP. \nOffice of Oceanic and Atmospheric Research. See \nNATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA\nTION. \nOffice of Passport Services. See BUREAU OF CONSULAR \nAFFAIRS. \nOffice of Personnel Management. The independent \nfederal agency that administers the personnel system \nof the government by helping agencies recruit and \nevaluate employees; manage retirement and health\nbenefit systems; coordinate temporary assignments; \nconduct investigations; and develop leadership in the \nfederal executive service. _ The agency was established \nby Reorganization Plan No.2 of 1978 and given various \nfunctions of the former U.S. Civil Service Commission \nby Executive Order 12107 of 1978. -Abbr. OPM. See \nCIVIL SERVICE COMMISSION. [Cases: Officers and Public \nEmployees (;::;: 11.8.J \nOffice of Policy Development. An office in the Execu\ntive Office of the President comprising the Domestic \nPolicy Council and the National Economic Council. \nIt was established in 1993 by Executive Order 12859. \nAbbr.OPD. \nOffice of Private Sector Liaison. A unit in the U.S. \nDepartment of Homeland Security responsible for \nworking with individual businesses through trade asso\nciations and other nongovernmental organizations on \nmatters of security. Office of Protocol. A unit in the U.S. Department of \nState responsible for advising the President, the Vice \nPresident, the Secretary of State, and other U.S. officials \non matters of custom and decorum, and for planning \nand hosting state dinners and other affairs, esp. involv\ning foreign heads of state and other diplomats. -The \nOffice also manages the Blair House, where diplomatic \nvisitors often stay. It is run by the Chief ofProtocol. \nOffice of Public and Indian Housing. A unit in the \nU.S. Department of Housing and Urban Development \nresponsible for providing technical assistance and \noperating subsidies to public-housing agencies and \nIndian housing authorities in developing low-income \nhousing. -Abbr. PlH. \nOffice of Science and Technology Policy. An office \nin the Executive Office of the President responsible \nfor advising the President on scientific, engineering, \nand technological development and for coordinat\ning research and development programs. -The office \nwas created by the National Science and Technology \nPolicy, Organization, and Priorities Act of 1976. \nAbbr.OSTP. \nOffice of Special Counsel. An independent federal \nagency that investigates activities prohibited by the \ncivil-service laws, rules, and regulations and, if the \ninvestigation warrants it, litigates the matter before \nthe Merit Systems Protection Board. _ The agency was \nestablished by Reorganization Plan No.2 of 1978. -\nAbbr. OSc. [Cases: Officers and Public Employees \n72.23.] \nOffice of Special Investigations. A component of the \ncriminal division of the Department of Justice that \nidentifies and investigates suspected perpetrators of \nhuman-rights violations abroad, after the suspects have \nentered, or tried to enter, the United States. -Originally \ncreated in 1948 to seek out Nazi and Axis persecutors, \nthe Office's mission has since been expanded to include \nother transgressors of human rights. Abbr.OS1. \nOffice of State and Local Government Coordination. \nA unit in the U.S. Department of Homeland Security \nresponsible for coordinating security matters with state \nand local governments. \nOffice of Surface Mining Reclamation and Enforce\nment. A unit in the U.S. Department of the Interior \nresponsible for protecting against the adverse effects \nof surface coal mining by enforcing laws relating to \nsurface mining and restoration and by assisting states \nand local governments, which have primary responsi\nbility in this area. -Abbr. OSM. \nOffice of Tax-Shelter Analysis. An office in the U.S. \nInternal Revenue Service responsible for identifying"}
{"text": ". OSM. \nOffice of Tax-Shelter Analysis. An office in the U.S. \nInternal Revenue Service responsible for identifying \nand investigating questionable tax shelters. -The office \nwas created in 2000. -Abbr. OTSA. \nOffice of Technology Assessment. A former office in the \nlegislative branch of the federal government responsible \nfor analyzing public-policy issues relating to science \nand technology. -The Office was active from 1972 to \n1995. Abbr.OTA. \n\n1193 \nOffice ofTechnology Policy. See TECH\",OLOGY ADMIN\nISTRATION. \nOffice of the Comptroller ofthe Currency. An office \nin the U.S. Department of the Treasury responsible \nfor regulating approximately 2,600 national banks by \nexamining them; approving or denying applications \nfor bank charters, branches, or mergers; closing banks \nthat fail to follow rules and regulations; and regulating \nbanking practices. Abbr. OCe. [Cases: Banks and \nBanking (;::::c235.] \nOffice of the United States Trade Representative. An \noffice in the Executive Office ofthe President respon\nsible for setting and administering overall trade policy. \n It was established under Reorganization Plan No.3 \nof 1979. 19U5CA2171. \nOffice of Thrift Supervision. An office in the U.S. \nDepartment ofthe Treasury responsible for regulating \nand examining thrift institutions to ensure that they \nare financially sound. Abbr.OTS. [Cases: Banks and \nBanking (;::::)290,309,451; Building and Loan Associa\ntions (:::::>2.1, 42.] \nOffice of Workers' Compensation Programs. The \ndivision of the Employment Standards Administra\ntion in the U.S. Department of Labor responsible for \nprocessing and adjudicating claims under the Federal \nEmployees' Compensation Act, the Longshore and \nHarbor Workers' Compensation Act, the Black Lung \nBenefits Reform Act, and similar worker-benefits \nstatutes and regulations. Abbr. OWCP. See EMPLOY\nMENT STANDARDS ADMINISTRATION. [Cases: Workers' \nCompensation (::::) 1076.] \noffice practice. (1872) A law practice that primarily \ninvolves handling matters outside of court, such as \nnegotiating and drafting contracts, preparing wills and \ntrusts, setting up corporations and partnerships, and \nadvising on tax or employment issues; a transactional\nlaw practice. \noffice practitioner. (1933) A lawyer who does not litigate; \nan attorney whose work is accomplished primarily in \nthe office, without court appearances. -Also termed \noffice lawyer; transactional lawyer. \nofficer. (14c) L A person who holds an office of trust, \nauthority, or command. In public affairs, the term \nrefers esp. to a person holding public office under a \nnational, state, or local government, and authorized \nby that government to exercise some specific function. \nIn corporate Jaw, the term refers esp. to a person elected \nor appointed by the board of directors to manage the \ndaily operations ofa corporation, such as aCEO, presi\ndent, secretary, or treasurer. Cf. DIRECTOR (2). lCases: \nOfficers and Public Employees (;::::J 1.] \nacting officer. One performing the duties ofan office \nusu. temporarily -but who has no claim oftitle to \nthe office. [Cases: Officers and Public Employees \n77.] \nadministrative officer. I. An officer of the executive \ndepartment of government, usu. of inferior rank. \n[Cases: Officers and Public Employees (;::::c 1.] 2. A officer \nministerial or executive officer, as distingUished \nfrom a judicial officer. 3. Family law. An official, other \nthan a judge, who is appointed to preside over child\nsupport matters. See CHILD-SUPPORT-ENFORCEMENT \nAGENCY. Cf. MASTER (2); JUDGE. \nattendance officer. See TRUANCY OFFICER. \nchief executive officer. See CHIEF EXECUTIVE \nOFFICER. \nconstitutional officer. A government official whose \noffice is created by a constitution, rather than by a \nstatute; one whose term ofoffice is fixed and defined \nby a constitution. [Cases: States (;::::c46.] \ncorporate officer. An officer ofa corporation, such as a \nCEO, president, secretary, or treasurer. [Cases: Cor\nporations (;::::c296.] \ncounty officer. An officer whose authority and jurisdic\ntion are confined to the limits of the county served. \n[Cases: Counties (;::::c61.] \ncourt officer. See OFFICER OF THE COURT. \nde facto officer. See officer de facto. \nde jure officer. See officer de jure. \nescrow officer. See escrow agent under AGENT (2). \nexecutive officer. See EXECUTIVE (2). \nfiscal officer. 1. 1be person (such as a state or county \ntreasurer) charged with the collection and distribu\ntion ofpublic money. [Cases: Counties (;::::c90.]2. The \nperson (such as a chieffinancial officer) whose duties \nare to oversee the financial matters ofa corporation \nor business. \nhealth officer. See HEALTH OFFICER. \nhearing officer. 1. ADMINISTRATIVE-LAW lUDGE. 2. See \njudicial officer (3). \ninferior officer. 1. An officer who is subordinate to \nanother officer. 2. A United States officer appOinted \nby the President, by a court, or by the head ofa federal \ndepartment . Senate confirmation is not required. \nSee United States officer. [Cases: United States \n35.) \njudicial officer. (l7c) 1. A judge or magistrate. [Cases: \nJudges (:::J\") 1; Justices ofthe Peace (;=:1; United States \nMagistrates (;::::c 11.] 2. Any officer ofthe court, such \nas a bailiff or court reporter. [Cases: Courts \n55-58.] 3. A person, usu. an attorney, who serves in an \nappointive capacity at the pleasure of an appointing \njudge, and whose actions and decisions are reviewed \nby that judge. -Also termed magistrate; referee; \nspecial master; commissioner; hearing officer. \njuvenile officer. (J 91 1) A juvenile-court employee, \nsometimes a social worker or probation officer, who \nworks with the judge to direct and develop the court's \nchild-welfare work. -Also termed county agent. \n[Cases: Courts Infants C:::> 17,208.] \nlaw-enforcement officer. See LAW-ENFORCEMENT OFFI\nCER. \n\nlegislative officer. 1. A member of a federal, state, or \nmunicipal legislative body. [Cases: Municipal Corpo\nrations C=>80; States C~::>28; United States C=>7.l.]2. \nA government official whose duties relate primarily \nto the enactment oflaws, such as a federal or state \nsenator, representative, or assembly member. -State \nand federal constitutions generally restrict legisla\ntive officers' duties to the enactment oflegislation. But \nlegislative officers occasionally exercise judicial func\ntions, such as presenting or hearing cases of impeach\nment of other government officers. \nministerial officer. An officer who primarily executes \nmandates issued by the officer's superiors . One who \nperforms specified legal duties when the appropriate \nconditions have been met, but who does not exercise \npersonal judgment or discretion in performing those \nduties. [Cases; Municipal Corporations C\"=> 123.] \nmunicipal officer. A person who occupies a municipal \noffice usu. mandated by statute or charter and \nwho may be required to take an oath and exercise \nsovereign authority in carrying out public duties, with \ncompensation incident to the office irrespective of the \nactual services rendered. [Cases: Municipal Corpora\ntions ~'-=> 123.J \nofficer de facto (di fak-toh). 1. An officer who exercises \nthe duties ofan office under color ofan appointment \nor election, but who has failed to qualify for office \nfor anyone ofvarious reasons, as by being under the \nrequired age, having failed to take the oath, having \nnot furnished a required bond, or having taken \noffice under a statute later declared unconstitutional. \n[Cases: Officers and Public Employees C=>39.)2. Cor\nporations. One who is acting under color of right and \nwith apparent authority, but who is not legally a cor\nporate officer . The corporation is bound by all acts \nand contracts ofan officer de facto in the same way as \nit is with those ofan officer de jure. Also termed de \nfacto officer. [Cases; Corporations C=>289.] \nofficer de jure (di juur-ee). L An officer who exercises \nthe duties of an office for which the holder has ful\nfilled all the qualifications. [Cases: Officers and Public \nEmployees <::=35.] 2. A duly authorized corporate \nofficer. Also termed de jure officer. \npeace officer. See PEACE OFFICER. \npolice officer. See POLICE OFFICER. \npresiding officer. See PRESIDING OFFICER (3) under \nOFFICER (2). \nprincipal officer. L An officer with the most authority \nof the officers being considered for some purpose. 2. A \nUnited States officer appointed by the President with \nthe advice and consent ofthe Senate. Also termed \nprimary officer. See United States officer. [Cases: \nUnited States C=>35.J \nprobation officer. A government officer who supervises \nthe conduct of a probationer. [Cases: Courts C=>55; \nSentencing and Punishment C=> 1988.] \nrecording officer. See SECRETARY (3). safety officer. An OSHA employee responsible for \ninvestigating the safety practices and procedures at \na place of business. See OCCUPATIONAL SAFETY AND \nHEALTH ACT OF 1970. [Cases; Labor and Employment \nstate officer. L A person whose authority or jurisdic\ntion extends to the general public or state as a whole, \nas distinguished from an officer whose authority and \njurisdiction are confined to the limits of a particu\nlar political subdivision. [Cases; States C=44.] 2. An \nofficer exercising authOrity under a state rather \nthan the federal government. \nsubordinate officer. 1. An officer ranking below and \nperforming under the direction of another officer. \n2. An independent officer subject only to statutory \ndirection. \ntruancy officer. See TRUANCY OFFICER. \ntrust officer. A trust-company official responsible \nfor administering funds held by the company as a \ntrustee. \nUnited States officer. An officer appointed under \nthe authority of the federal government; specif., an \nofficer appointed in the manner described in Article \nII, section 2, of the U.S. Constitution. [Cases; United \nStates \n2. Military law. One who holds a commission in the \narmed services, or a military post higher than that of \nthe lowest ranks; a person who has a command in the \narmed forces. Also termed military officer. [Cases: \nArmed Services C=>6.] \nbrevet officer (brd-vet or brev-it). A military officer who \nholds a nominal rank above that for which the person \nis paid. [Cases: Armed Services C=>8.) \ncommissioned officer. An officer in the armed forces \nwho holds grade and office under a presidential com\nmission. [Cases; Armed Services C=>6.] \ngeneral officer. A military officer whose command \nextends to a body of forces composed of several regi\nments. -Examples are generals, lieutenant-gener\nals, major-generals, and brigadiers. [Cases; Armed \nServices C=>8.] \nlegal officer. 1. The officer responsible for handling \nmilitary justice within a command. 2. 1he adviser \nand assistant to a commanding officer on military\nlaw matters. 3. Any commissioned officer of the Navy, \nMarine Corps, or Coast Guard who has been desig\nnated to perform legal duties for a command. \nnoncommissioned officer. An enlisted person in the \nArmy, Air Force, or Marine Corps in certain pay \ngrades above the lowest pay grade. _ Examples are \nsergeants and corporals. \nofficer ofthe day. An officer who has charge, for the \ntime being, of the guard, prisoners, and police of \na military force or camp. -Also termed orderly \nofficer. \nofficer of the guard. A commissioned officer whose \ndetail is to command the guard of a military force \n\nor camp. The officer of the guard is under the \ncommand of the officer of the day. \norderly officer. See officer ofthe day. \npetty officer. An enlisted person in the Navy or Coast \nGuard with a pay-grade of E-4 or higher. \npreliminary-inquiry officer. The person, usu. an officer, \nwho conducts a preliminary inquiry. \npresiding officer. 1. The president of the court in a \nspecial court-martial that does not have a military \njudge. 2. In a court-martial with a military judge, the \nmilitary judge. [Cases: Military Justice (;::::881.] 3. \nAn officer who presides, esp. over a civilian court or \ndeliberative assembly. See CHAIR (1); PRESIDE. \nsuperior commissioned officer. A commissioned officer \nwho is superior in command or rank. \nwarrant officer. 1. A person who holds a commission \nor warrant in a warrant-officer grade . A warrant \nofficer's rank is below a second lieutenant or ensign \nbut above cadets, midshipmen, and enlisted person\nnel. 2. See SERGEA:-.1T-AT-ARMS (4). \nofficer ofthe court. (l6c) A person who is charged with \nupholding the law and administering the judicial \nsystem. Typically, officer ofthe court refers to a judge, \nclerk, bailiff, sheriff, or the like, but the term also applies \nto a lawyer, who is obliged to obey court rules and who \nowes a duty ofcandor to the court. -Also termed court \nofficer. [Cases: Courts C=>55-58.] \nofficer ofthe peace. See PEACE OFFICER. \nofficer's report. See REPORT. \nofficial (J-fish-JI), adj. (16c) 1. Ofor relating to an office \nor position of trust or authority <official duties>. 2. \nAuthorized or approved by a proper authority <a com\npany's official policy>. \nofficial, n. (14c) 1. One who holds or is invested with a \npublic office"}
{"text": "s official policy>. \nofficial, n. (14c) 1. One who holds or is invested with a \npublic office; a person elected or appointed to carry out \nsome portion of a government's sovereign powers. \nAlso termed public official. [Cases: Officers and Public \nEmployees C=> 1.]2. One authorized to act for a corpo\nration or organization, esp. in a subordinate capacity. \n[Cases: Corporations C:::\"303.] 3. (usu. cap.) OFFICIAL \nPRINCIPAL. \nofficial bond. See BOND (2). \nofficial-capacity suit. See SUIT. \nofficial corruption. See official misconduct under MIS\nCONDUCT. \nOfficial Gazette. Patents & Trademarks. Either of two \nweekly publications of the U.S. Patent and Trademark \nOffice: one for patents, publishing abstracts of new \npatents; and one for trademarks, publishing samples of \ntrademarks proposed for registration. Abbr.OG. \nofficial liability. See LIABILITY. \nofficial misconduct. See MISCONDUCT. \nofficial newspaper. See NEWSPAPER. \nofficial principal. (usu. cap.) Eccles. law. A person \nappointed by an archbishop, bishop, or archdeacon to exercise jurisdiction in and preside over an ecclesiasti\ncal court. Sometimes shortened to official. \nofficial privilege. See PRIVILEGE (1). \nofficial report. See REPORT (3). \nofficial shorthand writer. See COURT REPORTER (1). \nofficial use. See USE (4). \nofficina brevium (aw-fJ-SI-nd bree-vee-dm). [Latin \n\"workshop ofwrits\"] Hist. OFFICINA JUSTITIAE. \nofficina justitiae (aw-fd-sI-nd jJs-tish-ee-ee). [Latin \n\"workshop of justice\"] Hist. The court of chancery, \nwhere the king's writs were issued. -Also termed \nofficina brevium. See CHANCERY. \nofficio. See EX OFFICIO. \nofficious intermeddler (J-fish-Js). (18c) A person who \nconfers a benefit on another without being requested \nor having a legal duty to do so, and who therefore has \nno legal grounds to demand restitution for the benefit \nconferred. Sometimes shortened to intermeddler. \nAlso termed (archaically) volunteer. [Cases: Implied \nand Constructive Contracts \nofficiousness (d-fish-dS-n<ls), n. (16c) Interference in the \naffairs ofothers without justification under the circum\nstances. -officious, adj. \nofficious testament. See TESTAMENT. \nofficious will. See officious testament under TESTA\nMENT. \nofficium virile (d-fish-ee-Jm vd-n-Iee). [Latin] Roman \nlaw. A man's office . Certain offices, such as tutor and \ncurator, could be discharged only by men. \noff-label use. Use of prescription medicine or medical \nproducts for conditions and in circumstances not \napproved by the Food and Drug Administration. \n[Cases: Health C=>3l9.] \noff point. (1951) Not discussing the precise issue at hand; \nirrelevant. Cf. ON POINT. \noff-premises license. See off-sale license under LICENSE \n(2). \noff-sale license. See LICENSE (2). \noffset, n. (18c) Something (such as an amount or claim) \nthat balances or compensates for something else; \nSETOFF. \n\"Both setoff and recoupment existed at common law, but \ntheir scope has been modified, expanded, and ultimately \nmerged by subsequent statutory and decisional law. The \nfinal equitable concept of 'offset' recognizes that the \ndebtor may satisfy a creditor's claim by acquiring a claim \nthat serves to counterbalance or to compensate for the \ncreditor's claim .... [Cjourts use the terms 'offset' and \n'setoff' interchangeably, often switching between them \nfrom sentence to sentence, supporting the conclusion that \nthere is no substantive difference between them.\" 4 Ann \nTaylor Schwing, California Affirmative Defenses 2d  44:1, \nat 4-5 (1996). \noffset, vb. (17c) To balance or calculate against; to com\npensate for <the gains offset the losses>. \noffset account. See ACCOUNT. \n\n1196 offshore asset-protection trust \noffshore asset-protection trust. See asset-protection \ntrust (1) under TRUST (3). \noffshore trust. Seeforeign-situs trust under TRUST. \noffspring. (bef. 12c) Children; issue; progeny. \noff-the-board, adj. See OFF-BOARD. \noffthe record. 1. (Of a statement, comment, or testi\nmony) not recorded as official evidence of a proceed\ning, such as a trial or deposition. 2. (Of a statement) \nnot intended for quotation or attribution. In either \nsense, whenever the phrase appears before the noun \nit modifies, it should be hyphenated <off-the-record \ncomments>. Cf. ON THE RECORD. \noff-year election. See ELECTION (3). \nOFHEO. abbr. OFFICE OF FEDERAL HOUSING ENTERPRISE \nOVERSIGHT. \nOFR. abbr. Office of Federal Register. See FEDERAL \nREGISTER. \nofrecord. (16c) 1. Recorded in the appropriate records \n<counsel of record>. See attorney of record under \nATTORNEY. 2. (Of a court) that has proceedings taken \ndown stenographically or otherwise documented \n<court of record>. See court ofrecord under COURT. \nof the essence. (18c) (Of a contractual requirement) \nso important that if the requirement is not met, the \npromisor will be held to have breached the contract and \na rescission by the promisee will be justified <time is \nofthe essence>. [Cases: Contracts (;::::::211; Vendor and \nPurchaser ~~78.] \nOG. abbr. OFFICIAL GAZETTE. \nOGE. See OFFICE OF GOVERNMENT ETHICS. \nOHHLHC. abbr. OFFICE OF HEALTHY HOMES AND LEAD \nHAZARD CONTROL. \nOlD. abbr. ORIGINAL-ISSUE DISCOUNT. \noil-and-gas lease. See LEASE. \nOIPE. abbr. OFFICE OF INITIAL PATENT EXAMINATION. \nOireachtas (air-;3k-th;3s or eer-;3k-t;~s). The Parliament of \nthe Republic of Ireland. \nOld-Age and Survivors' Insurance. (1935) A system of \ninsurance, subsidized by the federal government, that \nprovides retirement benefits for persons who reach \nretirement age and payments to survivors upon the \ndeath of the insured. This was the original name \nfor the retirement and death benefits established by \nthe Social Security Act of 1935. As the scope of these \nbenefits expanded, the name changed to Old Age, Sur\nvivors, and Disability Insurance (OASDI), and then to \nOld Age, Survivors, Disability, and Health Insurance \n(OASDHI). Today, the system is most often referred to \nas Social Security. -Abbr. OAS!. See SOCIAL SECURITY \nACT. [Cases: Social Security and Public Welfare \n121-140.3.J \nold business. See unfinished business under BUSINESS. \nold combination. See COMBINATION. \nold-combination rejection. See REJECTION. Old Natura Brevium (n;3-t[y]oor-<l bree-vee-<lm). Hist. A \ntreatise on the writs in use during the reign ofEdward \nIII. Abbr. o.N.B. See BREVE. \nold-soldier's rule. See EGGSHELL-SKt:LL RULE. \nold style. The system of ordering time according to \nthe Julian method, introduced by Julius Caesar in 46 \nB.c., by which all years have 365 days except the years \ndivisible by 4, which have 366 days . This differs from \nthe modern calendar in that it assumes that there are \nexactly 365.25 days in a year. But there are actually \nslightly less than 365.25 days in a solar year, so the \nold-style calendar adds too many days over time. The \nJulian calendar was reformed by Pope Gregory XIII in \n1582. -Abbr. o.s. -Also termed Julian calendar. Cf. \nNEW STYLE. \nOleron, laws of (oh-l<l-ron or aw-lay-ron). See LAWS OF \nOLERON. \noligarchy (ol-<l-gahr-kee), n. (16c) A government in \nwhich a small group ofpersons exercises control; the \npersons who constitute such a government. oligar\nchic, oligarchical, adj. \noligopolistic price coordination. See CONSCIOUS PAR\nALLELISM. \noligopoly (ol-;}-gop-;}-lee), n. (1895) Control or domi\nnation of a market by a few large sellers, creating \nhigh prices and low output similar to those found in \na monopoly. Cf. MONOPOLY. oIigopoIistic, adj. \noligopolist, n. \n\"One reason for the difficulty in describing and delimit \ning oligopoly power is the large number of variables that \nconfront any theorist building an oligopoly model. Pure \nmonopoly is akin to a single player game, such as solitaire, \nbut the oligopoly model may be more like a multihand \npoker game.... Unlike poker, where for any hand one \nplayer will win all of the money bet, the players in an oli\ngopolistic market can actually increase the returns that \nall of them receive through discipl ined pricing.\" Lawrence \nA, Sullivan & Warren S, Grimes, The Law ofAntitrust: An \nIntegrated Handbook 38-39 (2000). \noligopsony (ol-d-gop-S<l-nee), n. Control or domination \nofa market by a few large buyers or customers. oli\ngopsonistic, adj. -oligopsonist, n. \nOLMS. abbr. OFFICE OF LABOR-MANAGEMENT STAN\nDARDS. \nolograph. 11. See HOLOGRAPH. -olographic, adj. \nolographic will. See holographiC will under WIlt. \nOMB. abbr. OFFICE OF MANAGEMENT AND BUDGET. \nombudsman (om-b;3dz-m<ln). (1872) 1. An official \nappOinted to receive, investigate, and report on private \ncitizens' complaints about the government. 2. A similar \nappointee in a nongovernmental organization (such \nas a company or university). -Often shortened to \nombuds. \n\"An ombudsman serves as an alternative to the adversary \nsystem for resolving disputes, especially between citizens \nand government agencies .... An ombudsman is ... (1) \nan independent and nonpartisan officer of the legislature \nwho supervises the administration; (2) one who deals with \nspecific complaints from the public against administrative \ninjustice and maladministration; and (3) one who has the \n\n1197 180-day rule \npower to investigate, criticize and publicize, but not to \nreverse administration action.\" 4 Am. Jur. 2d Alternative \nDispute Resolution  23 (1995). \nomissa et male appretiata (<I-mis-<I et mal-ee <I-pree\nshee-ay-t<l). [Law Latin] Hist. -Things omitted and erro\nneously valued. \n\"When an executor confirms and omits in the inventory \npart of the defunct's effects, he may have the mistake cor \nrected. But if he do not take steps for this purpose, anyone \ninterested in the succession may apply, either to have the \nexecutor compelled to confirm the omission, or himself to \nconfirm it. Ordinary executors ad omissa et male appretiata \nought to call the principal executor to their confirmation, \nor it will be null; but this rule does not hold in the case \nof executors-creditors.\" William Bell, Bell's Dictionary and \nDigest of the Law ofScotland 753 (George Watson ed., 7th \ned. 1890). \nomission, n. (I4c) 1. A failure to do something; esp., a \nneglect of duty <the complaint alleged that the driver \nhad committed various negligent acts and omissions>. \n2. The act ofleaving something out <the contractor's \nomission ofthe sales price rendered the contract void>. \n3. The state ofhaving been left out or ofnot having been \ndone <his omission from the roster caused no harm>. \n4. Something that is left out, left undone, or otherwise \nneglected <the many omissions from the list were unin\ntentional>. -Formerly also termed omittance. -omit, \nvb. omissive, omissible, adj. \nomittance. Archaic. OMISSION. \nomnejus reale (om-nee j;)S ree-ay-Iee). [Law Latin] Hist. \nEvery reaJ right. \nomnequod in seerat (om-nee kwod in see er-at). [Latin] \nHist. All that one had in his power. \nomnibus (om-ni-b<ls), adj. (1842) Relating to or dealing \nwith numerous objects or items at once; including \nmany things or having various purposes. \nomnibus bill. See BILL (3). \nomnibus claim. See PATE~IT CI.AIM. \nomnibus clause. (1880) 1. A provision in an automobile\ninsurance policy that extends coverage to all drivers \noperating the insured vehicle with the owner's permis\nsion. [Cases: Insurance ('':::;::,2663.] \nstatutory omnibus clause. Insurance. An omnibus \nclause provided by statute. \n2. RESIDUARY CLAUSE. \nomnibus count. See COUNT. \nomnibns hearing. See HEARING. \nomnibus motion. See MOTION (1). \nomni exceptione major (om-nee ek-sep-shee-oh-nee \nmay-jor). [Law Latin] Scots law. Beyond all exception. \n The phrase often referred to witnesses ofsuch excep\ntional character that their testimony was above sus\npicion. \nomnium (om-nee-<lm), n. (I8c) lhe total amount or \nvalue of"}
{"text": "icion. \nomnium (om-nee-<lm), n. (I8c) lhe total amount or \nvalue of the items in a combined fund or stock . The \nterm is used primarily in mercantile law and in Great \nBritain. omnium bonorum (om-nee-<lm b;)-nor-;)m). [Latin] \nRoman & Scots law. Ofall goods . The phrase appeared \nin reference to a conveyance ofor partnership in one's \nentire estate. \nOMVI. abbr. Operating a motor vehicle while intoxi\ncated. See DRIVING UNDER THE INFLUENCE. \nOMVUI. abbr. Operating a motor vehicle while under \nthe influence. See DRIVING UNDER THE INFLUENCE. \non all fours. (Of a law case) squarely on point (with a \nprecedent) on both facts and Jaw; nearly identical in \nall material wavs <our client's case is on all fours with \nthe Supreme C~urt's most recent opinion>. Cf. WHITE\nHORSE CASE. \n\"The courts, nowadays, are governed largely by precedent, \nand this imposes on the advocate the necessity of support \ning his client's cause by concrete authorities cases 'on \nall fours' with, or at least analogous to, the case at bar,\" \nWilliam M. Lile et aI., Brief Making and the Use ofLaw Books \n98 (3d ed. 1914). \nO.N.B. abbr. OLD NATURA BREVIUM. \nonboard bill oflading. See BILL OF LADING. \nONDCP. See OFFICE OF NATIONAL DRUG CONTROL \nPOLlCY. \non demand. (l7c) When presented or upon request for \npayment <this note is payable on demand>. Also \ntermed on call. See PAYABLE. [Cases: Bills and Notes \nC=> 129(3).] \none-action rule. In debtor-creditor law, the princi\nple that when a debt is secured by real property, the \ncreditor must foreclose on the collateral before pro\nceeding against the debtor's unsecured assets. [Cases: \nMortgages C=>218.4, 337, 411.) \none-book rule. The requirement or practice that only \none version of the Sentencing Guidelines be used to \ncalculate alJ aspects of a defendant's sentence. [Cases: \nSentencing and Punishment <':=:>653.] \none-court-of-justice doctrine. A principle in some states \nholding that there is but a single court in the state and \nthat this court is composed of several divisions, such as \nthe supreme court, the courts of appeals, and district \ncourts, probate courts, and any other legislatively \ncreated courts . Michigan, for example, has embodied \nthis doctrine in its constitution (art. VI,  1). -Also \ntermed one court ofjustice. [Cases: Courts C=>1.] \none-day, one-trial method. (1976) A system of sum\nmoning and using jurors whereby a person answers \na jury summons and participates in the venire for one \nday only, unless the person is actually empaneled for \na trial, in which event the juror's service lasts for the \nentire length of the trial.  This system, which is used \nin several states, reduces the average term of service \nand expands the number of individual jurors called. \n[Cases: Jury <.>=>76.] \none-half plus one. See HALF PLUS ONE. \nISO-day rnle. Criminal procedure. 1. A rule that, in some \njurisdictions, allows a person charged with a felony to \nbe released on personal recognizance ifthe person has \n\n1198 one-month liquidation \nbeen in jail for 180 days without being brought to trial, \nand if the delay has not resulted from the defendant's \nown actions. [Cases: Bail <8=>40.] 2. A rule requiring all \npending charges against a prison inmate to be brought \nto trial in 180 days or to be dismissed with prejudice. \n[Cases: Criminal Law <8=>577.5.] \none-month liqUidation. See LIQUIDATION. \none-party consent rule. The principle that one party to a \ntelephone or other conversation may secretly record the \nconversation . This principle applies in most but not \nall states. [Cases: Telecommunications (,~1440.] \none-person, one-vote rule. (1965) Constitutional law. \nThe principle that the Equal Protection Clause requires \nlegislative voting districts to have about the same pop\nulation. Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362 \n(1964). Also termed one-man, one-vote rule. See \nAPPORTIONMENT. [Cases: Constitutional Law \n3656.] \nonerando pro rata portione. See DE ONERANDO PRO RATA \nPORTIONE. \nonerare (on-;)-rair-ee), vb. [Latin] Hist. To burden or \nload. \nonera realia (on-;)r-~ ree-ay-Iee-~). [Law Latin] Scots law. \nReal burdens. \n\"Onera realia ... are burdens or encumbrances affecting \nland, and exigible from it. They are distinguished from \npersonal burdens, which only affect and are exigible from \nthe person upon whom they lie. A single example may illus \ntrate the nature of both. It is a common enough practice, \nwhen lands are sold, for the seller not to insist on payment \nof the full price at the time of the sale. but to allow a part of \nthe price to remain on the lands as a burden. Ifthe balance \nso left be declared ... to be a real lien ... it is a burden \nfor which the lands may be attached and sold, into whose \npossession soever they may come. But if the burden of \npayment of the remainder of the price be laid upon the \npurchaser alone. and not upon the lands, then the burden \nis personal, and a subsequent purchaser from him incurs \nno liability therefor. the lands not being affected. John \nTrayner, Trayner's Latin Maxims 423 (4th ed. 1894). \nonerari non (on-~-rair-I non). [Law Latin] Hist. Ought \nnot to be charged. _ In pleading, these words were \nused by a defendant to begin a plea in a debt action. \nCf. ACTIO NON. \noneratio (on-;)-ray-shee-oh). [Law Latin] Hist. A cargo \nor lading. \noneris ferendi (on-a-ris fa-ren-dl). [Latin] Roman law. Of \nbearing a weight or burden. See servitus oneris ferendi \nunder SERVITUS; JUS ONERIS FERENDI; PARIES ONERI \nFERENDa, UTI NUNC EST, ITA SIT. \nonerous (oh-n;)r-as or on-<lr-<l8), adj. (l4c) 1. Exces\nsively burdensome or troublesome; causing hardship \n<onerous discovery requests>. 2. Having or involving \nobligations that outweigh the advantages <onerous \nproperty>. 3. Civil law. Done or given in return for \nsomething of equivalent value; supported by consid\neration <an onerous contract>. Cf. GRATUITOUS (1). \nonerousness, n. onerous ;;;ause. Civil law. An advantage obtained in \nexchange for a contractual obligation. See. La. Civ. \nCode arts. 1909, 1967. \nonerous contract. See CONTRACT. \nonerous deed. See DEED. \nonerous donation. See DONATION. \nonerous gift. See GIFT. \nonerous title. See TITLE (2). \nonerous trust. See TRUST. \none-satisfa;;;tion rule. (1965) The principle that a plain\ntiffis only entitled to only one recovery for a particular \nharm, and that the plaintiff must elect a Single remedy if \nthe jury has awarded more than one. _ This rule is, for \nexample, one ofthe foundations ofa defendant's right \nto have a jury verdict reduced by the amount of any \nsettlements the plaintiff has received from other entities \nfor the same injury. Also termed single-recovery rule. \n[Cases: Damages <8=> 15.] \none-subject rule. The principle that a statute should \nembrace only one topic. which should be stated in its \ntitle. [Cases: Statutes <8=> 107.] \none-time charge. See special charge under CHARGE. \none-way ratchet theory. See RATCHET THEORY. \none-year rule. Patents. Ihe statutory reqUirement that \na patent application must be filed within one year after \nany publication, public use, sale, or offer for sale ofthe \ninvention. Ifan inventor waits longer than a year, \nthe patent is blocked by this \"statutory bar.\" 35 USCA \n 102(b). [Cases: Patents <8=>80.] \nongoing earnings. See operating earnings under \nEARNINGS. \nonline scrip. See Internet scrip under SCRIP. \nonomastic (on-a-mas-tik), adj. (16c) 1. Of or relating \nto names or nomenclature. 2. (Of a signature on an \ninstrument) in a handwriting different from that ofthe \nbody ofthe document; esp., designating an autograph \nsignature alone, as distinguished from the main text \nin a different hand or in typewriting. Cf. HOLOGRAPH; \nSYMBOLIC. onomastks (for sense 1), n. \non or about. (l7c) Approximately; at or around the time \nspecified. -This language is used in pleading to prevent \na variance between the pleading and the proof, usu. \nwhen there is any uncertainty about the exact date ofa \npivotal event. When used in nonpleading contexts, the \nphrase is mere jargon. \non pain of. (14c) Or else suffer punishment for non\ncompliance . This phrase usu. follows a command or \ncondition <ordered to cease operations on pain of a \n$2,000 fine>. \non point. (1927) Discussing the precise issue now at hand; \napposite <this opinion is not 011 point as authority in \nour case>. Also termed in point. Cf. OFF POINT. \non-premises license. See on-sale license under LICENSE \n(2). \n\non-sale bar. Patents. A statutory bar prohibiting patent \neligibility if an invention was sold or offered for sale \nmore than one year before the patent application is \nfiled. 35 USCA  102(b). [Cases: Patents G=76.] \non-sale license. See LICENSE (2). \nonset date. The beginning of a period of disability for \npurposes ofdisability payments by the Social Security \nAdministration. [Cases: Social Security and Public \nWelfare <;='140.25.] \non the brief. (Of a lawyer) having participated in prepar\ning a given brief. -The names of all the lawyers on the \nbrief are typically listed on the front cover. \non the floor. Parliamentary law. 1. (Of a motion) under \nconsideration; PENDING (2) <the motion is on the floor>. \n2. (Of a member) physically present at a meeting and \nattending to its deliberations <the senator is on the \nfloor>. \non the merits. (18c) (Of a judgment) delivered after the \ncourt has heard and evaluated the evidence and the \nparties' substantive arguments. [Cases: Judgment \n217,563(2),649.] \non the pleadings. (lSc) (Of a judgment) rendered for \nreasons that are apparent from the faces of the com\nplaint and answer, without hearing or evaluating the \nevidence or the substantive arguments. See SUMMARY \nJUDGMENT. \non the record. 1. (Of a statement, comment, or testimony) \nrecorded as official evidence of a proceeding, such as a \ntrial or deposition. 2. (Of a statement) intended for quo\ntation or attribution. -In either sense, whenever the \nphrase appears before the noun it modifies, it should \nbe hyphenated <an on-the-record statement>. Cf. OFF \nTHE RECORD. \nonus (oh-nas). (l7c) 1. A burden; a load. 2. A disagreeable \nresponsibility; an obligation. 3. ONUS PROBANDI. \nonus probandi (oh-n~s pra-ban-dr). [Latin] (ISc) BURDEN \nOF PROOF. Often shortened to onus. \nOOH-DNR. abbr. See out-of-hospital do-not-resuscitate \norder under DO-NOT-RESUSCITATE ORDER. \nop. abbr. (often cap.) 1. OPINION (1). 2. Opinions. \nOPD. abbr. OFFICE OF POLlCY DEVELOPMENT. \nOPEC (oh-pek). abbr. Organization of Petroleum \nExporting Countries. \nope et consilio (oh-pee et k~n-sil-ee-oh). [Latin] Civil law. \nBy aid and counsel. _ The term is usu. applied to acces\nsories to crimes. It is analogous to the common-law \nconcept of aiding and abetting. Abbr. D.C. -Some\ntimes shortened to ope consilio. Cf. ART AND PART. \nope exceptionis (oh-pee ek-sep-shee-oh-nis). [Latin \"by \nforce of exception\"] Hist. In a civil case, a plea asserting \na peremptory exception that a document on which the \naction is based is void. \nopen, adj. (bef. 12c) 1. Manifest; apparent; notorious. 2. \nVisible; exposed to public view; not clandestine. 3.1\\ot \nclosed, settled, fixed, or terminated. open account. See ACCOUNT. \nopen adoptiou. See ADOPTION. \nopen and notorious. (16c) 1. NOTORIOUS (2). 2. (Of \nadultery) known and recognized by the public and \nflouting the accepted standards ofmorality in the com\nmunity. [Cases: Adultery Divorce (;=026.] \nopen and notorious adultery. See ADULTERY. \nopen aud notorious cohabitation. See notorious cohabi\ntation under COHABITATION. \nopen and notorious possession. See notorious possession \nunder POSSESSION. \nopen bid. See BID (2). \nopen brief. See BRIEF. \nopen check. See CHECK. \nopen closed shop. See SHOP. \nopeu court. ("}
{"text": "brief. See BRIEF. \nopen check. See CHECK. \nopen closed shop. See SHOP. \nopeu court. (l5c) 1. A court that is in session, presided \nover by a judge, attended by the parties and their attor\nneys, and engaged in judicial business. -Open court \nusu. refers to a proceeding in which formal entries are \nmade on the record. The term is distinguished from \n. a court that is hearing evidence in camera or from a \n! judge that is exercising merely magisterial powers. 2. \nA court session that the public is free to attend . Most \nstate constitutions have open-court provisions guaran\nteeing the public's right to attend trials. [Cases: Con\nstitutional LawG=231O-2325; Criminal LawG=635; \nFederal Civil Procedure G-~1951; Trial G=20.] \nopen credit. See revolving credit under CREDIT (4). \nopen diplomacy. See DIPLOMACY. \ni \n' open-door law. See SUNSHINE LAW. \ni open-end, adj. (1931) I. Allowing for future changes \nor additions <open-end credit plan>. 2. Continually \nissuing or redeeming shares on demand at the current \nnet asset value <open-end investment company>. Also termed open-ended. \nopen-end credit plan. See CREDIT PLAN. \nopeu-ended claim. See PATENT CLAIM. \nopen-end fund. See MUTUAL FUND. \nopen-end mortgage. See MORTGAGE. \nopen-end mortgage bond. See BOND (3). \nopen entry. See ENTRY (1). \nopen-fields doctrine. (1963) Criminal procedure. The \nrule permitting a warrantless search ofthe area outside \na property owner's curtilage. -Unless there is some \nother legal basis for the search, it must exclude the \nhome and any adjoining land (such as a yard) that is \nwithin an enclosure or otherwise protected from public \nscrutiny. Also termed open-field doctrine; open-fields \nrule. Cf. PLAIN-VIEW DOCTRINE. [Cases: Controlled \nSubstances (;::;> 134; Searches and Seizures \nopen forum. 1. GOOD OF THE ORDER. 2. PUBLIC FORUM. \nopen guaranty. See continuing guaranty under \nGUARANTY. \n\n1200 opening a judgment \nopening a judgment. A court's grant of a motion for a \nrehearing on the merits but keeping the court's decision \nin effect. [Cases: Judgment~336.] \nopening bidding. See OPENING THE BIDDING. \nopening brief. See BRIEF. \nopening brief on the merits. See opening briefunder \nBRIEF. \nopening statement. (l848) At the outset of a trial, an \nadvocate's statement giving the fact-finder a preview \nof the case and of the evidence to be presented. \nAlthough the opening statement is not supposed to be \nargumentative, lawyers purposefully or not often \ninclude some form of argument. The term is thus some\ntimes referred to as opening argument. [Cases: Criminal \nLaw ~2067; Federal Civil Procedure ~1971; Trial \n(::::::>lO9.] \nopening the bidding. In a sheriff's sale of real property, \nthe unethical practice of setting aside the concluded \nsale to accept a better post-sale offer. -Also termed \nopening bidding. [Cases: Execution ~247.] \nopen letter ofcredit. See LETTER OF CREDIT. \nopen lewdness. See LEWDNESS. \nopen listing. See LISTING (1). \nopen market. See MARKET. \nopen-meeting law. See SUNSHINE LAW. \nopen memorandum. See MEMORANDUM. \nopen microphone. See GOOD OF THE ORDER. \nopen mortgage clause. See MORTGAGE CLAUSE. \nopen nominations. Parliamentary law. To begin \ntaking nominations from the floor upon passage ofa \nmotion. \nopen order. See ORDER (8). \nopen-perils policy. See INSURANCE POLICY. \nopen policy. See unvalued policy under INSURANCE \nPOLICY. \nopen possession. See notorious possession under pos-\nSESSION. \nopen price. See PRICE. \nopen-public-records act. See OPEN-RECORDS ACT. \nopen-records act. A statute providing for public access \nto view and copy government records maintained by \npublic agencies. -Also termed open-public-records \nact. \nopen seas. See high seas under SEA. \nopen season. (1846) A specific time of year when it is \nlegal to hunt or catch game or fish. [Cases: Fish \nGame \nopen session. See SESSION (1). \nopen shop. See SHOP. \nopen-shop-dosed-shop operation. See DOUBLE\nBREASTED OPERATION. open source, adj. (1998) Of or related to software that \nincludes human-readable source code and can be freely \nrevised. . \nopen-source license. See LICENSE. \nopen-source software. (1998) Software that is usu. not \nsold for profit. includes both human-readable source \ncode and machine-readable object code, and allows \nusers to freely copy, modify, or distribute the software. \n Even though open-source software is made widely \navailable for free. it may be protected by federal trade\nmark law. See Planetary Motion Inc. v. Techplosion Inc . \n261 F.3d 1188 (11th Cir. 2001). \nopen space. (17c) Undeveloped (or mostly undeveloped) \nurban or suburban land that is set aside and perma\nnently restricted to agricultural, recreational, or con\nservational uses. The land may be publicly or privately \nowned. Access may be restricted or unrestricted. Open \nspaces are not necessarily in a natural state: the term \nincludes land used for public parks, gardens, farms, \nand pastures. But it does not include structures such as \nparking lots, swimming pools, or tennis courts. [Cases: \nEnvironmental Law ~43,44.] \nopen town. Int'llaw. An undefended city in a combat \nzone that is laid open to the grasp of the attacking \nforces. \nopen union. See UNION. \nopen verdict. See VERDICT. \noperability. Patents. The ability ofan invention to work \nas described. _ A patent examiner may challenge the \noperability of an invention and require some proof, \nsuch as a demonstration of a working model. [Cases: \nPatents \noperating agreement. Oil &-gas. A contract among \nowners of the working interest in a prodUcing oil or \ngas well setting forth the parties' agreements about \ndrilling, development, operations, and accounting. \n[Cases: Mines and Minerals ~109.] \noperating a motor vehicle under the influence. See \nDRIVING UNDER THE INFLlJENCE. \noperating a motor vehicle while intoxicated. See \nDRIVING UNDER THE INFLUENCE. \noperating-cost ratio. The ratio between the net sales of \na business and its operating costs. \noperating earnings. See EARNINGS. \noperating expense. See EXPENSE. \noperating income. See ordinary income (1) under \nINCOME. \noperating interest. See WORKI::-.1G INTEREST. \noperating lease. See LEASE. \noperating profit. See PROFIT (1). \noperating under the influence. See DRIVING UNDER THE \nINFLUENCE. \noperating while intoxicated. See DRIVING UNDER THE \nINFLUENCE. \n\n1201 \noperational, adj. (1922) 1. Engaged in operation; able to \nfunction. 2. MinisteriaL \noperation oflaw. (17c) The means by which a right or a \nliability is created for a party regardless ofthe party's \nactual intent <because the court didn't rule on the \nmotion for rehearing within 30 days, it was overruled \nby operation oflaw>. \noperations clause. Oil & gas. A provision in an oil-and\ngas lease specifying that the lease will not expire as long \nas oil-and-gas development continues on the leased \nproperty. See CONTINUOUS-OPERATIONS CLAUSE; WELL- i \nCOMPLETION CLAUSE. [Cases; Mines and Minerals . \n78.1(9).] \noperative, adj. (1Sc) 1. Being in or having force or effect; \nesp., designating the part of a legal instrument that \ngives effect to the transaction involved <the operative \nproVision of the contract>. 2. Having principal rele\nvance; essential to the meaning of the whole <may is \nthe operative word of the statute>. \noperative clause. See CLAUSE. \noperative construction. 1. The interpretation ofa writing \nor agreement, esp. a contract, statute, or regulation, that \nis being relied on by the parties, a court, or an admin\nistrative agency. [Cases; Administrative Law and Pro\ncedure G=>412; Contracts C~:>170; Statutes (;:=> 219.] \n2. Patents. A working embodiment of an invention, \nusu. used to conceptualize the invention and how it \nwill work rather than to create a working modeL 3. The \ndoctrine that the interpretation of a statute or regula\ntion made by an administrative agency charged with \nenforcing it is entitled to judicial deference unless it is \narbitrary and capricious. [Cases; Administrative Law \nand Procedure G=>413; Statutes C='219.] \noperative fact. See FACT. \noperative performance bond. See PERFORMANCE \nBOND. \noperative trust. See active trust under TRUST. \noperative words. In a transactional document, the words \nthat actually effect the transaction. \noperis novi nuntiatio. See NOVI OPERIS NUNTIATIO. \nOPIC. abbr. OVERSEAS PRIVATE INVESTMENT CORPO\nRATION. \nopinio juris sive necessitatis (a-pin-ee-oh joor-is SI-vee \nnd-ses-i-tay-tis). [Latin \"opinion that an act is neces\nsary by rule oflaw\"] Int'llaw. The principle that for \nconduct or a practice to become a rule of customary \ninternational law, it must be shown that nations believe \nthat international law (rather than moral obligation) \nmandates the conduct or practice. -Also termed \nopinio juris. \nopinion. (14c) 1. A court's written statement explaining \nits decision in a given case, usu. including the statement \nof facts, points of law, rationale, and dicta. -Abbr. \nop. -Also termed judicial opinion. See DECISION. Cf. \nJUDGMENT (1); RULING(l). [Cases: Courts G=> 103.] opinion \nadVisory opinion. (1837) 1. A nonbinding statement \nby a court ofits interpretation ofthe law on a matter \nsubmitted for that purpose. Federal courts are \nconstitutionally prohibited from issuing advisory \nopinions by the case-or-controversy requirement, \nbut other courts, such as the International Court of \nJustice, render them routinely. See CASE-DR-CONTRO\nVERSY REQUlREMENT. [Cases: Constitutional LawG=> \n2600-2609.] 2. A written statement, issued only by an \nadministrator ofan employee benefit plan, that inter\nprets ERISA and applies it to a specific factual situa\ntion. Only the parties named in the request for the \nopinion can rely on it, and its reliability depends on \nthe accuracy and completeness ofall material facts. \nconcurring opinion. See CONCURRENCE (3). \ndepublished opinion. An intermediate appellate court's \nopinion that has been struck from the official reports, \nesp. by the highest court. [Cases: Courts 107.] \ndissenting opinion. (1817) An opinion by one or more \njudges who disagree with the decision reached by \nthe majority. -Often shortened to dissent. Also \ntermed minority opinion. \nextrajudicial opinion. 1. An opinion that is beyond the \ncourt's authority to render.  Such opinions are void. \n2. A judge's personal or scholarly opinion expressed \nin a medium other than a judicial opinion. \nmajority opinion. (1882) An opinion joined in by more \nthan halfthe judges considering a given case. Also \ntermed main opinion. \nmemorandum opinion. (1912) A unanimous appel\nlate opinion that succinctly states the decision ofthe \ncourt; an opinion that briefly reports the court's con\nclusion, usu. without elaboration because the decision \nfollows a well-established legal principle or does not \nrelate to any point of law. Also termed memo\nrandum decision; memorandum disposition; (slang) \nmemdispo. [Cases; Courts G=>103, 107.] \nminority opinion. See dissenting opinion. \nper curiam opinion (pdr kyoor-ee-dm). (1860) An \nopinion handed down by an appellate court without \nidentifying the individual judge who wrote the \nopinion. -Sometimes shortened to per curiam. \n[Cases; Courts 103,107.] \n''The most controversial form of summary disposition is a \nper curiam opinion that simultaneously grants certiorari \nand disposes of the merits at some length, discussing both \nthe facts and the issues involved. The result is usually a \nreversal of the Judgment below .... The parties are given \nno opportunity to file briefs on the merits or to argue \norally before the Court. Indeed, they are given no forma! \nnotice whatever of the Court's intention to dispose of the \ncertiorari papers in this manner ....\" Robert L. Stern et aI., \nSupreme Court Practice 320 (8th ed. 2002). \nplurality opinion. (1908) An opinion lacking enough \njudges' votes to constitute a majority, but receiving \nmore votes than any other opinion. [Cases; Courts \n(::::>90(2), 102.] \nqualified opinion. See QUALIFIED OPINION. \n\nopinion evidence 1202 \nseriatim opinions (seer-ee-ay-tim). (1832) A series of \nopinions written individually by each judge on the \nbench, as opposed to a single opinion speaking for \nthe court as a whole. \nslip opinion. 1. A court opinion that is published indi\nvidually after being rendered and then collectively \nin advance sheets before being released for publica\ntion in a reporter . Unlike an unpublished opinion, \na slip opinion can usu. be cited as authority. -"}
{"text": "\ntion in a reporter . Unlike an unpublished opinion, \na slip opinion can usu. be cited as authority. -Also \ntermed slipsheet. Cf. ADVANCE SHEETS. [Cases: Courts \n107.] 2. Archaic. A preliminary draft of a court \nopinion not yet ready for publication. -Also termed \nslip decision. Cf. unpublished opinion. \nunpublislted opinion. (1849) An opinion that the court \nhas specifically designated as not for publication . \nCourt rules usu. prohibit citing an unpublished \nopinion as authority. Such an opinion is considered \nbinding only on the parties to the particular case in \nwhich it is issued. Cf. slip opinion. [Cases: Courts (;::::) \n107.] \n2. A formal expression of judgment or advice based on \nan expert's special knowledge; esp., a document, usu. \nprepared at a client's request, containing a lawyer's \nunderstanding of the law that applies to a particular \ncase. Also termed opinion letter. \n'The essence of a lawyer's job is to obtain the facts and \nthe law with due diligence and then to give advice. But, \nstrangely, no controlling definition has evolved for what is \nan 'opinion.' The lack of a definition is not crucial for some \npurposes. On the other hand, a definition is vital in other \nareas; for example, to determine within a law firm when \npeer review is necessary ....\" 8 Arnold S. Jacobs, Opinion \nLetters in Securities Matters  3, at Intro-12 (1998). \nadverse opinion. An outside auditor's opinion that a \ncompany's financial statements do not conform with \ngenerally accepted accounting principles or do not \naccurately reflect the company's financial position. \naudit opinion. A certified public accountant's opinion \nregarding the audited financial statements of an \nentity. \ncomfort opinion. Securities. An attorney's written \nopinion that there is no reason to believe that the \nregistration statement contains any material misrep\nresentations or omissions that would violate section \n11 of the Securities Act of 1933. lhe attorney usu. \nparticipates in the registration statement's prepara\ntion and confers with the securities issuer's represen\ntatives, underwriters, and public accountants before \nwriting the opinion. The comfort opinion's purpose \nis to reassure the parties that the registration state\nment complies with securities laws; it is not part of \nthe statement and is usn. not included. \ncoverage opinion. A lawyer's opinion on whether a par\nticular event is covered by a given insurance policy. \ninfringement opinion. Patents. A patent attorney's \nopinion about the probable outcome of an infringe\nment hearing or trial on whether a particular product \nor process infringes one or more claims of another's \npatent. [Cases: Patents (;:::::>227.] legal opinion. (18c) A written document in which an \nattorney proVides his or her understanding ofthe law \nas applied to assumed facts . The attorney may be \na private attorney or attorney representing the state \nor other governmental entity. Private attorneys fre\nquently render legal opinions on the ownership ofreal \nestate or minerals, insurance coverage, and corporate \ntransactions. A party may be entitled to rely on a legal \nopinion, depending on factors such as the identity \nof the parties to whom the opinion was addressed, \nthe nature of the opinion, and the law governing the \nopinion. See coverage opinion. \npatentability opinion. Patents. A patent attorney's or \npatent agent's opinion on the patent office's probable \nholding about the allowability of a patent application's \nclaims. The opinion is almost a mini-examination \nreport because it is based on consideration of the \ninvention's subject matter, prior art, etc. \ntitle opinion. (1927) A lawyer's or title company's \nopinion on the state of title for a given piece of real \nproperty, usu. describing whether the title is clear and \nmarketable or whether it is encumbered. See TITLE \nSEARCH. \nunqualified opinion. An audit opinion given by an \naccountant who is satisfied that the financial state\nments reviewed were fairly presented and consis\ntent with the previous year, and that the audit was \nperformed in accordance with generally accepted \nauditing standards. \nvalidity opinion. Patents. A patent attorney's opinion \nabout the likelihood that a patent or patent claim will \nbe invalidated in light of evidence suggesting obvi\nousness, lack ofinvention, unenforceability, etc. \n3. A person's thought, belief, or inference, esp. a wit\nness's view about a facts in dispute, as opposed to \npersonal knowledge of the facts themselves. Also \ntermed (in sense 3) conclusion. See opinion evidence \nunder EVIDENCE. \nexpert opinion. An opinion offered by a witness whose \nknowledge, skill, experience, training, and education \nqualify the witness to help a fact-finder understand \nthe evidence or decide a factual dispute. See expert \nwitness under WITNESS. \nfixed opinion. (1807) A bias or prejudice that disquali\nfies a potential juror. [Cases: Jury \nopinion evidence. See EVIDENCE. \nopinion letter. See OPINION (2). \nopinion rule. (1896) Evidence. The principle that a \nwitness should testify to facts, not opinions, and \nthat a nonexpert witness's opinions are often exclud\nable from evidence . Traditionally, this principle is \nregarded as one of the important exclusionary rules \nin evidence law. It is based on the idea that a witness \nwho has observed data should provide the most tactual \nevidence possible, leaVing the jury to draw inferences \nand conclusions from the evidence. Under this system, \nthe witness's opinion is unnecessary. Today, opinions \n\n1203 \nare admissible ifrationally based on a witness's percep\ntions and helpful to the fact-finder. [Cases: Criminal \nLaw C::=>448; Evidence e:-~)471, 505.] \n\"This rule [the opinion rule} is an historical blunder, for the \nearly cases excluding 'opinion' meant a belief by a person \nwho had personally seen and known nothing, and was \ntherefore not qualified to speak; whereas the modern rule \napplies it to witnesses who have had personal observation \nas a basis for their inference. Moreover, it is a senseless \nrule, for not once in a thousand times can the observed \ndata be exactly and fully reproduced in words. Still further, \nno harm could be done by letting the witness offer his \ninference, except perhaps the waste of a moment's time, \nwhereas the application of the rule wastes vastly more \ntime. And finally the rule is so pedantically applied by \nmost courts that it excludes the most valuable testimony, \nsuch as would be used in all affairs of life outside a court \nroom.\" John H. Wigmore, A Students' Textbook of the Law \nof Evidence 1 56 (1935). \n\"The [opinion] rule in its stark simplicity might be inter \npreted as excluding all value judgments, that is to say all \nstatements not being factual propositions susceptible \nof some sort of empirical proof or disproof. The rule, if \nit is to be given any purely logical meaning at all, must \nbe interpreted as excluding at least all inferences drawn \nfrom perceived data. Even if value judgments are saved by \nconstruing the rule as having application only to factual \npropositions, the rule would seem to purport to exclude all \nsuch propositions in the formulation of which inference by \nthe witness has played some part.\" Zelman Cowen, Essays \non the Law of Evidence 162 (1956). \nopinion testimony. See TESTIMONY. \nopinion work product. See WORK PRODUCT. \nOPM. abbr. OFFICE OF PERSONNEL MANAGEMENT. \noppignorate (<l-pig-na-rayt), vb. Archaic. To pawn or \npledge. -Also spelled oppignerate. Cf. PIGNORATE. \nopponent. (l6c) 1. An adverse party in a contested \nmatter. 2. A party that is challenging the admiSSibility \nofevidence. _ In this sense, the word is an antonym of \nproponent. 3, Parliamentary law. A member who speaks \nagainst a pending motion. Cf. PROPONENT (3). \nopportunity. The fact that the alleged doer ofan act was \npresent at the time and place ofthe act. \nopportunity cost. See COST (1). \nopportunity to be heard. (l7c) The chance to appear \nin a court or other tribunal and present evidence and \nargument before being deprived of a right by govern\nmental authority. _ The opportunity to be heard is a \nfundamental requirement ofprocedural due process. \nIt ordinarily includes the right to receive fair notice of \nthe hearing, to secure the assistance ofcounsel, and to \ncross examine adverse witnesses. See procedural due \nprocess under DUE PROCESS. [Cases: Constitutional Law \nC::=> 3879.] \nopposer. 1. Intellectual property. One who formally seeks \nto prevent the grant of a patent or the registration ofa \ntrademark. [Cases: Patents 104; Trademarks C::=> \n1294.] 2. Hist. APPOSER. \nopposition. 1. Patents. An action or procedure by which \na third party can request a patent application's refusal \nor an issued patent's annulment. _ Most countries allow \nopposition in some form. [Cases: Patents C::=> 104.] 2. option \nTrademarks. A procedure by which a third party can \ncontest a trademark after it has been approved but \nbefore it has been placed on the Principal Register. Cf. \nCANCELLATION. [Cases: Trademarks C::=> 1290.] \noppression. (14c) 1. The act or an instance of unjustly \nexerciSing authority or power. 2. An offense con\nsisting in the abuse of discretionary authority by a \npublic officer who has an improper motive, as a result \nof which a person is injured. -This offense does not \ninclude extortion, which is typically a more serious \ncrime. [Cases: Officers and Public Employees C::=> 12l.] \n3. Contracts. Coercion to enter into an illegal contract. \n-Oppression is grounds for the recovery of money \npaid or property transferred under an illegal contract. \nSee DURESS; UNCONSCIONABILITY. [Cases: Contracts \nC::=> 138(3), 139.] 4. Corporations. Unfair treatment of \nminority shareholders (esp. in a close corporation) by \nthe directors or those in control of the corporation. \nAlso termed (in sense 4) shareholder oppression. See \nFREEZE-OUT. [Cases: Corporations C= 182.3,597.] \noppress, vb. oppressive, adj. \noppressive child labor. See CHILD LABOR. \noppressor. (14c) A public official who unlawfully or \nwrongfully exercises power under color of authority \nin a way that causes a person harm; one who commits \noppression. [Cases: Officers and Public Employees \n12l.] \nOPRA. abbr. OPTIONS PRICE REPORTING AUTHORITY. \noptima fide (op-ti-m<:1 fI-dee). [Latin] Rist. In the best \nfaith. \noptimal-use value. See VALUE (2). \nopt in, vb. (1966) To choose to participate in (something) \n<when the choice of settling or not settling came, the \nJoneses opted in, hoping to avoid a lengthy trial>. \noption, n. (l7c) l. The right or power to choose; some\nthing that may be chosen <the lawyer was running out \nof options for settlement>. 2. An offer that is included \nin a formal or informal contract; esp., a contractual \nobligation to keep an offer open for a specified period, \nso that the offeror cannot revoke the offer during that \nperiod <the option is valid because it is supported \nby consideration>. Also termed option contract; \n(redundantly) time option. See irrevocable offer under \nOFFER; OPTION AGREEMENT. [Cases: Contracts (;::=>16.5; \nVendor and Purchaser C::=> 18.]3. The right conveyed by \nsuch a contract <Pitts declined to exercise his option \nto buy the house>. 4. The right (but not the obligation) \nto buy or sell a given quantity of securities, commodi\nties, or other assets at a fixed price within a specified \ntime <trading stock options is a speculative business>. \nCf. FUTURES CONTRACT. [Cases: Commodity Futures \nTrading Regulation C::=> 10; Corporations C::=>116; Secu\nrities Regulation C='5.25(3).] \nAmerican option. An option that can be exercised on \nany day, including its expiration date. Also termed \nAmerican-style option. Cf. European option. \n\n1204 option \ncall option. An option to buy something (esp. securi\nties) at a fixed price even ifthe market rises; the right \nto require another to sell. -Often shortened to call. \n[Cases: Commodity Futures Trading Regulation \n10; Securities Regulation ~5.25(3).] \ncash-value option. The right of a life-insurance poli\ncyholder to surrender the policy for its cash value at \na specified time or at any time. [Cases: Insurance \n1950,2037.J \ncommodity option. An option to buy or sell a commod\nity. [Cases: Commodity Futures Trading Regulation \n~1O.1 \nEuropean option. An option that can be exercised only \non its expiration date. Also termed European-style \noption. Cf. American option. \nfutures option. An option to buy or sell a futures \ncontract. [Cases: Commodity Futures Trading Reg\nulation ~1O.] \nlease option. In a contract for rental property, a clause \nthat gives the renter the right to buy the property at a \nfixed price, usu. at or after a fixed time. Also termed \nlease with an option to purchase. [Cases: Landlord and \nTenant ~92.] \nnaked option. A call option that grants another the \nright to buy stock even though the option-giver does \nnot own the stock to back up that commitment. \nAlso termed uncovered option. \nnonforfeiture option. A policyholder's option, upon the \nlapse ofpremium payments, to continue an insurance \npolicy for a shorter period than the original term, to \nsurrender the policy for its cash value, to continue the \npolicy for a reduced amount, or to take some other \naction rather than"}
{"text": "surrender the policy for its cash value, to continue the \npolicy for a reduced amount, or to take some other \naction rather than forfeit the policy. [Cases: Insur\nanceC::;:)2037.] \noption to purchase real property. A contract by which \nan owner ofrealty enters an agreement with another \nallowing the latter to buy the property at a specified \nprice within a specified time, or within a reasonable \ntime in the future, but without imposing an obliga\ntion to purchase upon the person to whom it is given. \n[Cases: Vendor and Purchaser c>18.] \nput option. An option to sell something (esp. securities) \nat a fixed price even if the market declines; the right \nto require another to buy. Often shortened to put. \n[Cases: Commodity Futures Trading Regulation C-::' \n10; Corporations ~116; Securities Regulation ~ \n5.25(3).] Cf. put bond under BOND (3). \nseller's option. A special stock-exchange transaction \nthat gives the seller the right to deliver the security \nwithin a specified period, usu. 5 to 60 days. \nsettlement option. Insurance. A life-insurance-policy \nclause providing choices in the method of paying \nbenefits to a beneficiary, as by lump-sum payment or \nperiodic installments. [Cases: Insurance ~2443, \n3402.] \nstock option. See STOCK OPTION. \nuncovered option. See naked option. \n5. Hist. Eccles. law. The requirement that a newly elected \nbishop convey to the archbishop the right to fill the next \nvacant ecclesiastical benefice in the new bishop's see. \noption, vb. (1888) To grant or take an option on (some\nthing) <Ward optioned his first screenplay to the studio \nfor $50,000>. \noption agreement. Corporations. A share-transfer \nrestriction that commits the shareholder to sell, but \nnot the corporation or other shareholders to buy, the \nshareholder's shares at a fixed price when a specified \nevent occurs. Cf. BUY-SELL AGREEMENT (2); OPTION \n(2). [Cases: Corporations ~116.] \noptional bond. See BOND (3). \noptional completeness, rule of. See RULE OF OPTIONAL \nCOMPLETENESS. \noptional-completeness doctrine. See RULE OF OPTIONAL \nCOMPLETENESS. \noptional writ. See WRIT. \noption contract. See OPTION (2). \noptionee (op-sh<l-nee). One who receives an option from \nanother. Also termed option-holder. \noptionor (op-sh<l-n<lr or op-sh<l-nor). One who grants \nan option to another. Also spelled optioner. Also \ntermed option-giver. \noption premium. See PREMIUM (4). \noption spread. Securities. The difference between the \noption price and the market price of the underlying \nstock when the option is exercised. See SPREAD. \nOptions Price Reporting Authority. A national market\nsystem plan approved by the SEC for collecting and \ndisseminating last-sale and quotation information on \noptions traded on a five-member exchange consisting \nof the American Stock Exchange, the Chicago Board \nofOptions Exchange, the New York Stock Exchange, \nthe Pacific Stock Exchange, and the Philadelphia Stock \nExchange. -Abbr. OPRA. \noption tender bond. See put bond under BOND (3). \noption to purchase real property. See OPTION. \nopt ont, vb. (1922) To choose not to participate in (some\nthing) <with so many plaintiffs opting out ofthe class, \nthe defendant braced itself for multiplicitous lawsuits>. \n[Cases: Federal Civil Procedure ~180; Parties \n35.51.] \nopt-out class. See CLASS (4). \nopt-out statute. Bankruptcy. A state law that limits the \nexemptions that a debtor who has filed for bankruptcy \ncan claim to those provided by state and local bank\nruptcy laws, and nonbankruptcy federal law . The \nfederal bankruptcy code includes an \"opt-out\" provi\nsion that allows states to choose not to adopt the federal \nexemptions. 11 U.S.C.  522(b). -Also termed opt-out \nlegislation. [Cases: Bankruptcy \nopus (oh-pas), n. [Latin \"work\"] (18c) A product ofwork \nor labor; esp., an artistic, literary, or musical work or \n\n1205 ordeal \ncomposition. PI. opuses, opera (ah-p\",-r\", or oh-pa- i or painful physical test, the result being considered a \nraj. \nopus manufactum (oh-pas man-p-fak-t\"m). [Latin] \nCivil law. An artifact; an artificial work, as distin\nguished from what is natural. PI. opera manufacta. \nopus novum (Oh-PdS uoh-vdm). [Latin \"new work\"] CMl \nlaw. A structure newly built on land. PI. opera nova. \nSee NOVI OPERIS NUNTIATIO. \nO.R. abbr. Own recognizance; on one's own recogni\nzance <the prosecutor agreed not to object to releas\ning the suspect O.R.>. See RECOGNIZANCE; RELEASE \nON RECOGNIZANCE. [Cases: Bail \noraculum (a-rak-ya-Iam), n. [Latin \"a solemn decla\nration\"] Roman law. In the later empire, an order or \ndecision by the emperor. \noral, adj. (l7c) Spoken or uttered; not expressed in \nwriting. Cf. PAROL. \noral argument. (1823) An advocate's spoken presenta\ntion before a court (esp. an appellate court) supporting \nor opposing the legal relief at issue. -Also termed (in \nBrE) hearing. [Cases: Appeal and Error (:::::>824; Federal \nCourts (:::::>742.] \n\"[Tjhe oral argument is the one chance for YOII (not for \nsome chance-assigned mere judge) to answer any ques\ntions you can stir any member of the court into being \nbothered about and into bothering With, and the one \nchance to sew up each such question into a remembered \npoint in favor.... In any but freak situations, oral argument \nis a must.\" Karl N. Llewellyn, The Common Law Tradition: \nDeciding Appeals 240 (1960). \noral confession. See CONFESSION. \noral contract. See parol contract (1) under CONTRACT. \noral deposition. See DEPOSITION. \noral evidence. See testimonial evidence under EVIDENCE. \noral trust. See TRUST. \noral will. See WILL. \nOrange Book. Patents. A list of patents on drugs or drug \nproducts for which generic-drug applications may be \nsubmitted to the Food and Drug Administration . \nThe expiration dates of the patents are also listed. An \napplicant may submit a generic-drug application at any \ntime, but the applicant must either accept deferral of \nFDA approval until the patent expires or contest the \nvalidity of the patent. The Orange Book's official title is \nApproved Drug Products With Therapeutic EqUivalence \nEvaluations. [Cases: Health C::::319.) \noratio consultoria (or-ay-shee-oh kon-sdl-tor-ee-a). See \nLIBELLUS CONSULTORIA. \norator (or-a-tdr), 11. (15c) 1. Roman law. (ita!.) An \nadvocate or pleader. 2. Hist. A plaintiff or petitioner in \nan action in chancery. \noratrix (or-d-triks). His!. A female orator. \norbation (or-bay-shan). Hist. Bereavement or deprivation \nof one's parents or children. \nordeal. (bef. 12c) Hist. A primitive form oftrial in which \nan accused person was subjected to a usu. dangerous divine revelation of the person's guilt or innocence . \n The participants believed that God would reveal a \nperson's culpability by protecting an innocent person \nfrom some or all consequences of the ordeal. The ordeal \nwas commonly used in Europe until the 13th century, \nbut only sporadically after 1215, when the Fourth \nLateran Council forbade the clergy from participating \nin ordeals. -Also termed trial by ordeal; judiCium Dei \n(\"judgment ofGod\"); vulgariS purgatio. Cf. CANFARA. \n\"Ordeals involved an appeal to God to reveal the truth in \nhuman disputes, and they required priestly participation \nto achieve this rapport with the Deity. Several forms of \nordeal were recognised by the early Christian Church, but \nin England they usually took the form of fire or water. In \nthe former, a piece of iron was put into a fire and then in \nthe party's hand; the hand was bound, and inspected a \nfew days later: if the burn had festered, God was taken to \nhave deCided against the party. The ordeal of cold water \nrequired the party to be trussed and lowered into a pond; \nif he sank, the water was deemed to have 'received him' \nwith God's blessing, and so he was quickly fished out. ... \nIn 1215, the Lateran Council ... took the decisive step \nof forbidding clergy to participate any more in ordeals. \nThis led in England to the introduction of the criminal trial \njury.\" J.H. Baker, An Introduction to English Legal History \n5-6 (3d ed. 1990). \nbread-and-cheese ordeal. See ordeal ofthe morsel. \nordeal byfire. An ordeal in which the accused person \nwas forced to hold a piece of hot metal or to walk \nbarefoot across a hot surface, the judgment ofguilt or \ninnocence depending on how qUickly and cleanly the \nperson's hands or feet healed . Typically the person's \nhand was bandaged and, upon the bandage's removal \nthree days later, was examined for festers (indicating \nguilt). Also termed fire ordeal; ordeal by hot iron; \nordeal offire. \n\"Such evidence as we have seems to show that the ordeal \nof hot iron was so arranged as to give the accused a con\nsiderable chance of escape.\" 2 Frederick Pollock & Frederic \nWilliam Maitland, History Of English Law Before the Time of \nEdward 1599 (2d ed. 1899). \nordeal by hot iron. See ordeal byfire. \nordeal by water. 1. An ordeal in which gUilt or inno\ncence depended on whether the accused person \nfloated or sank after being submerged in cold water. \n A priest would first consecrate the pool of water, \nadjuring it to receive the innocent but reject the \nguilty. An accused who sank was declared innocent; \none who floated was adjudged guilty because floating \nrevealed the water's (and therefore God's) rejection of \nthe person. This type of ordeal was used esp. in witch\ncraft trials. Also termed ordeal by cold water; cold\nwater ordeal; ordeal ofcold water; (in ecclesiastical \nlaw) aquae frigidae judiCium. 2. An ordeal in which \nguilt or innocence was determined by how quickly \nthe accused person's arm healed after being placed \nin boiling water.  Often the person was forced to \nretrieve a stone from the bottom of a pot of boiling \nwater. The person's hand and arm were then bandaged \nand, upon the bandage's removal three days later, \nwere examined for festers (indicating guilt). -Also \ntermed (in sense 2) ordeal by hot water; hot-water \n\n1206 ordelf \nordeal; ordeal of hot water; (in both senses) water \nordeal; ordeal ofwater; (in ecclesiastical law) aquae \nferventis judicium; aenum. \n\"The ordeal of water was a very singular institution. Sinking \nwas the sign of innocence, floating the sign of guilt. As \nanyone would sink unless he understood how to float, \nand intentionally did so, it is difficult to see how anyone \ncould ever be convicted by this means. Is it possible that \nthis ordeal may have been an honourable form of suicide, \nlike the Japanese happy despatch? In nearly every case \nthe accused would sink. This would prove his innocence, \nindeed, but there would be no need to take him out. He \nwould thus die honourably. If by any accident he floated, \nhe would be put to death disgracefully.\" 1 James Fitz\njames Stephen, A History of the Criminal Law of England \n73 (1883). \nordeal ofthe morsel. An ordeal in which the person \nwho was to make the proof was given a one-ounce \npiece of bread or cheese that a priest had solemnly \ncharged to stick in the throat ofthe guilty . A person \nwho choked was declared guilty; a person who did \nnot was declared innocent. -Also termed corsnaed; \ncorsned; trial by corsnaed;judicial morsel; morsel of \nexecration. \nsingle ordeal. An ordeal prescribed for someone \naccused of a less serious crime and involving less \nrisk or torture than a triple ordeal.  For example, a \nSingle ordeal by fire required the accused to pick up \na red-hot piece of iron weighing one pound, while a \ntriple ordeal involved a piece ofiron weighing three \npounds. \ntriple ordeal. An ordeal prescribed for someone accused \nof a more serious crime and involving more risk or \ntorture than a single ordeal.  For example, a triple \nordeal by water required the accused to submerge an \narm into boiling water up to the elbow, while a single \nordeal required the arm to be submerged only to the \nwrist. Also termed threefold ordeal. \nordelf (or-delf). See OREDELF. \nordels (or-deelz). Hist. English law. The right to conduct \ntrials by ordeal within a given jurisdiction. \norder, n. (l6c) 1. A command, direction, or instruction. \nSee MA::-;DATE (1). 2. A written direction or command \ndelivered by a court or judge. The word generally \nembraces final decrees as well as interlocutory direc\ntions or commands. -Also termed court order:]udicial \norder. See MANDAMUS. [Cases: Federal Civil Procedure \nMotions C::>46.J \n\"An order is the mandate or determination of the court \nupon some subsidiary or collateral matter arising in an \naction, not disposing of the merits, but adjudicating a pre\nliminary"}
{"text": "ary or collateral matter arising in an \naction, not disposing of the merits, but adjudicating a pre\nliminary point or directing some step in the proceedings.\" 1 \nHenry Campbell Black, A Treatise on the Law ofJudgments \n 1, at 5 (2d ed. 1902). \n\"While an order may under some circumstances amount \nto ajudgment, they must be distinguished, owing to the \ndifferent consequences flowing from them, not only in the \nmatter of enforcement and appeal but in other respects, as, \nfor instance, the time within which proceedings to annul \nthem must be taken. Rulings on motions are ordinarily \norders rather than judgments. The class ofjudgments and \nof decrees formerly called interlocutory is included in the \ndefinition given in [modern codes] of the word 'order.''' 1 A.C. Freeman, A Treatise of the Law ofJudgments  19, at \n28 (Edward W. Tuttle ed., 5th ed. 1925). \nadministrative order. 1. An order issued by a govern\nment agency after an adjudicatory hearing. [Cases: \nAdministrative Law and Procedure ~489.] 2. An \nagency regulation that interprets or applies a statu\ntory provision. Administrative Law and Pro\ncedure \naffiliation order. See filiation order. \nalternative order. An order commanding the person \nto whom it is directed either to do a specific thing \nor to show cause why the court should not order it \nto be done. \nantiharassment order. A type of restraining order \navailable to victims ofharassment or stalking, usu. \nforbidding a person to contact, surveil, or approach \nthe victim. \nblanket order. See BLANKET ORDER (1). \ncommon order. See conditional judgment under \nJUDGMENT. \ndecretal order (di-kree-tal). A court of chancery's inter\nlocutory order that is issued on motion ofa party and \nhas the effect ofa final decree. See decree nisi under \nDECREE. Equity \ndismissal order. A court order ending a lawsuit without \na decision on the merits. Also termed order ofdis\nmissal. \ndocket order. A court order memorialized only as an \nentry on the docket sheet. \nex parte order (eks pahr-tee). (18c) An order made \nby the court upon the application ofone party to an \naction without notice to the other. \nfiliation order. Family law. A court's determination \nof paternity, usu. including a direction to pay child \nsupport. Governments usu. seek filiation orders \nso that some or all of the public funds spent on the \nchild's welfare can be recovered from a nonmarital \nchild's father. Until the early 20th century, munici\npalities, not the state, had the legal duty to support the \npoor, including unwed mothers and their children. \nIn some states, two judges had to determine who an \nunacknowledged child's father was before the munici\npality could recover its expenditures. Also termed \naffiliation order; order offiliation. [Cases: Children \nOut-of-Wedlock C::>63.] \nfinal order. (16c) An order that is dispositive of the \nentire case. See final judgment under JVDGMENT. \n[Cases: Federal Civil Procedure Motions \nC='Sl.] \nforeign support order. See SUPPORT ORDER. \nhealth-insurance order. See HEALTH-INSURANCE \nORDER. \nincome-withholding order. See INCOME-WITHHOLDING \nORDER. \ninterim order. 1. A temporary court decree that remains \nin effect for a specified time or until a specified event \n\n1207 \noccurs. [Cases: Federal Civil Procedure Cr'-::::>928; ! \nMotions (;::::>51.] 2. See interlocutory order. \ninterlocutory order (in-tJr-lok-y;:Hor-ee). (l7c) An \norder that relates to some intermediate matter in the \ncase; anv order other than a final order.  Most inter\nlocutory orders are not appealable until the case is \nfully resolved. But by rule or statute, most jurisdic\ntions allow some types of interlocutory orders (such \nas preliminary injunctions and class-certification \norders) to be immediately appealed. -Also termed \ninterlocutory decision; interim order; intermedi\nate order. See appealable decision under DECISION; i \nCOLLATERAL-ORDER DOCTRINE. [Cases: Appeal and \nError (;::J67; Federal Civil Procedure C--:::>928; Federal \nCourts 576; Motions (;::::>51.J \nminute order. 1. An order recorded in the minutes \nof the court rather than directly on a case docket . \nAlthough practice varies, traditionally when a trial \njudge is sitting officially, with or without a court \nreporter, a clerk or deputy clerk keeps minutes. When \nthe judge makes an oral order, the only record of that \norder may be in the minutes. It is therefore referred \nto as a minute order. -Also termed minute entry. \n[Cases: Appeal and Error 123; Courts (;::::> 107.J \n2. A court order not directly relating to a case, such \nas an order adopting a local rule of court. -In this \nsense, the court is not a Single judge acting in an adju- . \ndicatorycapacity, but a chief judge, or a group oftwo ! \nor more judges, acting for a court in an administra\ntive or some other nonadjudicatory capacity. [Cases: \nMotions (;::::>56(1).J \nmodification order. See MODIFICATION ORDER. \norder ofdismissal. See dismissal order. \norder to pay. 1. Commercial law. A written order to a \nperson to deliver money, usu. out of funds on deposit \nwith that person, to a third party on demand. 2. A \ncourt order directing a person to deliver money that \nthe person owes or for which the person is respon\nsible. \npreclusion order. (1921) An order barring a litigant \nfrom presenting or opposing certain claims or \ndefenses for failing to comply with a discovery order. \n[Cases: Federal Civil Procedure Cr~'1278; Pretrial \nProcedure (;::::>44.1.] \npretrial order. See PRETRIAL ORDER. \nprotective order. See PROTECTIVE ORDER. \nqualified domestic-relations order. See QUALIFIED \nDOMESTIC-RELATIONS ORDER. \nreceiving order. A court's direction to a bankruptcy \nreceiver to take some action. \nrestraining order. See RESTRAINING ORDER. \nseparation order. A court order granting a married \nperson's request for a legal separation. See SEPARA\nTION AGREEMENT (1). [Cases: Divorce 155.J \nshow-cause order. (1925) An order directing a party to \nappear in court and explain why the party took (or \nfailed to take) some action or why the court should order \nor should not grant some relief. -Also termed order \nto show cause; rule to show cause; show-cause rule. \n[Cases: Motions \nstanding order. A forward-looking order that applies \nto all cases pending before a court.  Some individual \njudges issue a standing order on a subject when there \nis no local rule bearing on it, often because a rule \nwould not be acceptable to other judges on the court. \nStanding orders are frequently criticized because they \nundermine uniformity of procedural rules, esp. at the \nlocal leveL Cf. standing rule under RULE (3). \nsupervision order. Family law. A court's order placing \na child or young person under the supervision of a \nchild-welfare agency or a probation officer in a case \nof neglect, abuse, or delinquency. [Cases: Infants \n225,226.] \nsupport order. See SUPPORT ORDER. \ntemporary order. A court order issued during the \npendency ofa suit, before the final order or judgment \nhas been entered. \ntemporary restraining order. See TEMPORARY RE\nSTRAINING ORDER. \nturnover order. An order by which the court commands \na judgment debtor to surrender certain property to \na judgment creditor, or to the sheriff or constable on \nthe creditor's behalf. _ Such an order is usu. directed \nto property that is difficult to acquire by the ordinary \njudgment-collection process, such as share certificates \nand accounts receivable. [Cases: Execution (;::::>402.] \numbrella order. See BLANKET ORDER (l). \nvisitation order. See VISITATION ORDER. \n3. Parliamentary law. lhe principles and practices of \nparliamentary law; the conduct of business accord\ning to those principles and practices; DECORUM. See IN \nORDER; OUT OF ORDER. 4. Parliamentary law. An item \nof business, or an agenda or series of such items <call \nfor the orders ofthe day>. See AGENDA. \ngeneral Qrder. An order of the day other than a special \norder. See order ofthe day (1). Cf. special order. \norder ofbusiness. 1. AGE::-IDA. 2. The sequence in which \na meeting considers its business. \n\"A settled order of business is, however, necessary for \nthe government of the presiding person, and to restrain \nindividual members from calling up favorite measures, or \nmatters under their special patronage, out of their just \nturn. It is useful also for directing the discretion of the \nhouse, when they are moved to take up a particular matter, \nto the prejudice of others having priority of right to their \nattention in the general order of business.\" Thomas Jef\nferson, A Manual of Parliamentary Practice 30 (1801). \norder ofthe day. 1. An item of business scheduled for \nconsideration at a certain upcoming meeting, at a \ncertain time, or in a certain order . An order of the \nday is either a general order or a speCial order. 2. The \ndaily order ofbusiness. See order ofbusiness. \nspecial order. An order of the day scheduled for con\nsideration at a certain time, and which outranks and \ninterrupts any other business except another special \n\norder absolute 1208 \norder scheduled earlier for the same time. See TIME \nCERTAIN. \n5. Parliamentary law. A vote that assigns a duty to an \nofficer, employee, or other agent, customarily in the \nform, \"Ordered, That ....\" 6. Parliamentary law. RULE \n(3). 7. Commercial law. The words in a draft (such \nas a check) directing one person to pay money to or \ndeliver something to a designated person . An order \nshould appear to be the demand of a right as opposed \nto the request for a favor. See order paper under PAPER. \n[Cases: Bills and Notes (::::::>4.] 8. Securities. A custom\ner's instructions to a broker about how and when to buy \nor sell securities. \nall-or-none order. An order to buy a security to be \nexecuted either in its entirety or not at all. \nalternative order. An order to buy a security by either of \ntwo alternatives (e.g., buy a stock at a limited price or \nbuy on a stop order). -Also termed either-or order. \nbuy order. An investor's instruction to purchase stock. \nday order. An order to buy or sell on one particular day \nonly. Cf. open order. \ndiscretionary order. An order to buy or sell at any price \nacceptable to the broker. \neither-or order. See alternative order. \nfill-or-kill order. An order that must be executed as \nsoon as it reaches the trading floor.  If the order is \nnot filled immediately, it is canceled. \nlimit order. An order to buy or sell at a specified price, \nregardless of market price. Cf. no-limit order. \nmarket order. An order to buy or sell at the best price \nimmediately available on the market. -Also termed \norder at the market. \nmatched order. An order to buy and sell the same \nsecurity, at about the same time, in about the same \nquantity, and at about the same price. \nno-limit order. An order to buy or sell securities with \nno limits on price. Cf. limit order. \nopen order. An order that remains in effect until filled \nby the broker or canceled by the customer. Cf. day \norder. \norder at the market. See market order. \npercentage order. An order to buy or sell a stated \namount of a certain stock after a fixed number of \nshares of the stock have traded. \nscale order. An order to buy or sell a security at varying \nprice ranges. \nsell order. An investor's instruction to sell stock. \nsplit order. An order directing a broker to sell some \nstock at one price and some stock at another price. \nstop order. An order to buy or sell when the secu\nrity's price reaches a specified level (the stop price) \non the market.  By fixing the price beforehand, the \ninvestor is cushioned against stock fluctuations. \nAlso termed stop-loss order; stop-limit order. [Cases: \nBrokers (::::::>24(1).] time order. An order that kcomes a market or limited\nprice order at a specified time. \norder absolute. See decree absolute under DECREE. \norder assigning residue. A probate court's order naming \nthe persons entitled to receive parts of an estate and \nallotting that share to each. \norder at the market. See market order under ORDER \n(8). \norder bill oflading. See BILL OF LADING. \norder document. See order paper under PAPER. \nordered, adjudged, and decreed. (l7c) The traditional \nwords used to introduce a court decision <It is there\nfore ordered, adjudged, and decreed that Martin must \nreturn the overpayment to Hurley>. \n\"The usual style of a decree is 'it is ordered, adjudged, and \ndecreed'; and of an order or rule, 'it is ordered: etc.\" 1 \nHenry Campbell Black, A Treatise on the Law ofJudgments \n 2, at 6-7 (2d ed. 1902). \norder instrument. See order paper under PAPER. \norderly officer. See officer ofthe day under OFFICER (2). \norder nisi. See decree nisi under DECREE. \norder of business. See ORDER (4). \norder of dismissal. See dismissal order under ORDER. \norder of filiation. See filiation order under ORDER (2). \nOrder of the Coif (koyO. 1. Formerly, the order of \nserjeants-at-law, the highest order of counsel at the \nEnglish Bar . The last serjeant was appointed to the \nOrder in 1875.2. An honorary legal organization whose \nmembers are selected on the basis of their law-school \ngrades. See COIF. \norder of the day. See ORDER (4"}
{"text": "\nmembers are selected on the basis of their law-school \ngrades. See COIF. \norder of the day. See ORDER (4). \norder paper. See PAPER. \norder to pay. See ORDER (2). \nOrder, Resolution, or Vote Clause. U.S. Const. , art. 1, \n 7, d. 3. \norder to show cause. See show-cause order under ORDER \n(2). \nordinance (or-d;J-n;Jnts). (l4c) An authoritative law or \ndecree; esp., a municipal regulation . Municipal gov\nernments can pass ordinances on matters that the state \ngovernment allows to be regulated at the local level. A \nmunicipal ordinance carries the state's authority and \nhas the same effect within the municipality's limits as \na state statute. -Also termed bylaw; municipal ordi\nnance. [Cases: Municipal Corporations (::::::> 105.] \n\"An ordinance ... may be purely administrative in nature, \nestablishing offices, prescribing duties, or setting salaries; \nit may have to do with the routine or procedure of the \ngoverning body. Or it may be a governmental exercise of \nthe power to control the conduct of the public -estab \nlishing rules which must be complied with, or prohibiting \ncertain actions or conduct. In any event it is the determi \nnation of the sovereign power of the state as delegated \nto the municipality. It is a legislative enactment, within \nits sphere, as much as an act of the state legislature.\" 1 \nJudith O'Galiagher, Municipal Ordinances  lA.Ol, at 3 (2d \ned. 1998). \n\n1209 organic law \nordinandi lex (or-d<l-nan-dI leks). [Latin] The law ofpro\ncedure, as distinguished from substantive law. \nordinarily prudent person. See REASONABLE PERSON. \nordinary, adj. (15c) 1. Occurring in the regular course \nofevents; normal; usual. Cf. EXTRAORDINARY. 2. (Of a \njudge) having jurisdiction by right ofoffice rather than \nby delegation. 3. (Ofjurisdiction) original or immedi\nate, as opposed to delegated. \nordinary, n. 1. Eccles. law. A high-ranking official who \nhas immediate jurisdiction over a specified territory, \nsuch as an archbishop over a province or a bishop over \na diocese. 2. Civil law. A judge having jurisdiction by \nright ofoffice rather than by delegation. 3. A probate \njudge. -The term is used in this sense only in some \nU.S. states. \nordinary ambassador. See resident ambassador under \nAMBASSADOR. \nordinary and necessary business expense. See ordinary \nand necessary expense under EXPENSE. \nordinary and necessary expense. See EXPENSE. \nordinary annuity. See ANNUITY. \nordinary assembly. See ASSEMBLY. \nordinary care. See reasonable care under CARE. \nordinary committee. See COMMITTEE. \nordinary course ofbusiness. See COURSE OF BUSINESS. \nordinary diligence. See DILIGENCE. \nordinary gain. See GAIN (3). \nordinary goods. See GOODS. \nordinary high tide. See mean high tide under TIDE. \nordinary income. See INCOME. \nordinary insurance. See ordinary life insurance under \nLIFE INSCRANCE. \nordinary law. See STATUTORY LAW. \nordinary life insurance. 1. See LIFE INSURANCE. 2. See \nwhole life insurance under LIFE INSURANCE. \nordinary loss. See LOSS. \nordinary main motion. See original main motion under \nMOTION (2). \nordinary majority. See simple majority under MAJOR\nITY. \nordinary meaning. See plain meaning under MEANING. \nordinary-meaning rule.!. The rule that when a word \nis not defined in a statute or other legal instrument, \nthe court normallv construes it in accordance with \nits ordinary or nat~lfal meaning. 2. PLAIN-MEANING \nRULE. \nordinary negligence. See NEGLIGENCE. \nordinary-observer test. See AUDIENCE TEST. \nordinary's court. See probate court under COURT. \nordinary seaman. See SEAMAN. \nordinary shares. See common stock under STOCK. ordinary skill. 1. See SKILL. 2. See ORDINARY SKILL IN \nTHE ART. \nordinary skill in the art. Patents. The level oftechnical \nknowledge, experience, and expertise possessed by a \ntypical engineer, scientist, deSigner, etc. in a technol\nogy that is relevant to an invention. [Cases; Patents \n16(3).] \nordinary standing rule. See standing rule (1) under RULE \n(3) \nordinary work product. See fact work product under \nWORK PRODUCT. \nordinatio forestae (or-di-nay-shee-oh for-es-tee), n. See \nASSISADE FORESTA. \nordinatum est (or-d;}-nay-t<lm est). [Law Latin] Hist. It is \nordered. _ 1hese were the usual first words ofa court \norder entered in Latin. \nordinis beneficium (or-d<l-nis ben-<l-fish-ee-<lm). [Latin \n\"the benefit oforder\"] Civil law. The privilege ofa surety \nto require the creditor to exhaust the principal debtor's \nproperty before having recourse against the surety. See \nDISCUSSION. \nordo attachiamentorum (or-doh <l-tach-ee-<l-men\ntor-<lm). [Law Latin] Hist. The order ofattachments. \nordo judiciorum (or-doh joo-dish-ee-or-<lm). [Latin] \nEccles. law. The order ofjudgments; the rule by which \nthe course ofhearing each case was prescribed. \nordonnance (or-d<l-nants or or-doh-nahns). [French]l. \nA law, decree, or ordinance. 2. A compilation ofa body \noflaw on a particular subject, esp. prizes and captures \nat sea. \noredelf(or-delf). Hist. The right to dig for mineral are on \none's own land. -Also spelled oredelfe; ordelf. \nore tenus (or-ee tee-n<lS or ten-<ls), adv. &adj. [Latin \"by \nword of mouth\"] (17c) 1. Orally; by word of mouth; \nVIVA VOCE <pleading carried on ore tenus>. \n\"Pleadings are the mutual altercations between the plaintiff \nand defendant; which at present are set down and deliv \nered into the proper office in writing, though formerly they \nwere usually put in by their counsel are tenus, or viva voce, \nin court, and then minuted down by the chief clerks, or pro \nthonotaries; whence in our old law French the pleadings are \nfrequently denominated the parol.\" 3 William Blackstone, \nCommentaries on the laws of England 293 (1768). \n2. Made or presented orally <ore tenus evidence>. \nore tenus rule. (1964) The pres ption that a trial court's \nfindings offact are correct should not be disturbed \nunless clearly wrong or unjust. [Cases: Appeal and \nError C=>931(1).] \norfgild. Hist. 1. Restitution given by the hundred or \ncounty to a person whose property was stolen. -Also \ntermed cheapgild. 2. A payment in or restoration of \ncattle. \norganic act. See organic statute under STATUTE. \norganic disease. See DISEASE. \norganic law. (1831) 1. The body oflaws (as in a constitu\ntion) that define and establish a government; FUNDA\nMENTAL LAW. 2. Civil law. Decisional law; CASELAW. \n\norganic statute 1210 \norganic statute. See STATUTE. \norganization. (1Sc) 1. A body ofpersons (such as a union \nor corporation) formed for a common purpose. -Also \ntermed society. 2. See UNION. \norganizational crime. See corporate crime under \nCRIME. \norganizational expense. See EXPENSE. \norganizational meeting. See MEETING. \norganizational picketing. See PICKETING. \norganizational strike. See recognition strike under \nSTRIKE. \norganized crime. (1867) 1. Widespread criminal activi\nties that are coordinated and controlled through a \ncentral syndicate. See RACKETEERING. 2. Persons \ninvolved in these criminal activities; a syndicate of \ncriminals who rely on their unlawful activities for \nincome. See SYNDICATE. \norganized labor. 1. Workers who are affiliated by mem\nbership in a union. 2. A union, or unions collectively, \nconsidered as a political force. [Cases: Labor and \nEmployment C:=>988.] \norgan trafficking. See TRAFFICKING. \noriginal. See original writ under WRIT. \noriginal acquisition. See ACQUISITION. \noriginal administration. See ADMINISTRATION. \noriginal bill. See BILL (2). \noriginal contractor. See general contractor under CON\nTRACTOR. \noriginal conveyance. See primary conveyance under \nCONVEYANCE. \noriginal cost. See acquisition cost (1) under COST (1). \noriginal-document rule. See BEST-EVIDENCE RULE. \noriginal domicile. See domicile of origin under \nDOMICILE. \noriginal drawing. See DRAWING. \noriginal estate. See ESTATE (1). \noriginal evidence. See EVIDENCE. \noriginalia (d-rij-d-nay-lee-d or -nayl-yd). Hist. Records \ncompiled in the Chancery and transmitted to the \nRemembrancer's office in the Exchequer. These \nrecords were kept from 1236 to 1837. Cf. RECORDA. \noriginal intent. See INTENT (2). \noriginalism. (1980) Constitutional law. The theory that \nthe U.S. Constitution should be interpreted according \nto the intent of those who drafted and adopted it. Cf. \nINTERPRETIVISM; NONINTERPRETIVISM. \noriginal issue. See ISSUE (2). \noriginal-issue discount. The difference between a bond's \nface value and the price at which it is initially sold. \nAbbr.OID. \noriginality. (18c) Copyright. 1. The quality or state of \nbeing the product of independent creation and having a minimum degree of creativity. Originality is a \nrequirement for copyright protection. But this is a \nlesser standard than that ofnovelty in patent law: to be \noriginal, a work does not have to be novel or unique. Cf. \nNOVELTY. [Cases: Copyrights and Intellectual Property \nC:=> 12(1).] 2. The degree to which a product claimed \nfor copyright is the result of an author's independent \nefforts. Cf. CREATIVITY. [Cases: Copyrights and Intel\nlectual Property C:=> 12(1).] \n\"'Original' in reference to a copyrighted work means that \nthe particular work 'owes its origin' to the 'author.' No \nlarge measure of novelty is necessary.\" Alfred Bell & Co. \nv. Catalda Fine Arts, Inc., 191 F.2d 99,102 (2d Cir. 1951) \n(Frank, j.). \noriginal jurisdiction. See JURISDICTION. \noriginal main motion. See MOTION (2). \noriginal market. See primary market under MARKET. \noriginal-package doctrine. Constitutional law. The \nprinciple that imported goods are exempt from state \ntaxation as long as they are unsold and remain in the \noriginal packaging . The Supreme Court abolished this \ndoctrine in 1976, holding that states can tax imported \ngoods if the tax is nondiscriminatory. See IMPORT\nEXPORT CLAUSE. [Cases: Commerce C:=>77.10(3).] \noriginal precedent. See PRECEDENT. \noriginal process. See PROCESS. \noriginal promise. See PROMISE. \noriginal receiver. See principal receiver under RECEIVER. \noriginal source. The person or persons who first dis\nclosed fraud to the government, derived from direct \nand indirect information on which a qui tam complaint \nis based under the False Claims Act or a similar state \nlaw. [Cases: United States C:=> 122.] \noriginal title. See TITLE (2). \noriginal writ. See WRIT. \noriginal-writing rule. See BEST-EVIDENCE RULE. \norigination clause. (often cap.) (1984) 1. The constitu\ntional provision that all bills for increasing taxes and \nraising revenue must originate in the House ofRepre\nsentatives, not the Senate (U.S. Const. art. I,  7, cl. 1). \n The Senate may, however, amend revenue bills. 2. A \nprovision in a state constitution requiring that revenue \nbills originate in the lower house ofthe state legislature. \n[Cases: Statutes C:=>6.] \norigination fee. See FEE (1). \noriginator. The entity that initiates a funds transfer \nsubject to UCC article 4A. UCC  4A-104(c). [Cases: \nBanks and Banking C:=> 188.5.] \n\"or\" lease. See LEASE. \nornamental fixture. See FIXTURE. \nornest. Hist. See TRIAL BY COMBAT. \nORP. abbr. Ordinary, reasonable, and prudent -the \nstandard on which negligence cases are based. \norphan, n. (ISc) 1. A child whose parents are dead. \n[Cases: Infants C:=>2.] 2. A child with one dead parent \n\n1211 \nand one living parent. -More properly termed half \norphan. 3. A child who has been deprived of parental \ncare and has not been legally adopted; a child without \na parent or guardian. [Cases: Infants C:::J157.] \norphan drug. See DRUG. \norphan's business. Hist. A probate court's jurisdiction \nover the allotment ofdistributive shares ofan estate to \nthe decedent's family, esp. the children. \norphan's court. See probate court under COURT. \nOS. See ordinary seaman under SEAMAN. \nO.S. abbr. OLD STYLE. \nOSc. abbr. OFFICE OF SPECIAL COUNSEL. \nOSHA (oh-sha). abbr. 1. OCCUPATIONAL SAFETY AND \nHEALTH ACT OF 1970. 2. OCCUPATIONAL SAFETY AND \nHEALTH ADMINISTRATION. \nOSHRC. abbr. OCCUPATIONAL SAFETY AND HEALTH"}
{"text": "\nHEALTH ADMINISTRATION. \nOSHRC. abbr. OCCUPATIONAL SAFETY AND HEALTH \nREVIEW COMMISSION. \nOS!. abbr. See OFFICE OF SPECIAL INVESTIGATIONS. \nOSM. abbr. OFFICE OF SURFACE MINING RECLAMATION \nAND ENFORCEMENT. \no.s.p. abbr, OBUT SINE PROLE. \nostendit vobis (os-ten-dit voh-bis). [Latin} Hist. Shows \nto you . In old pleading, these words were used by a \ndemandant to begin a count. \nostensible (ah-sten-sa-bal), adj. (18c) Open to view; \ndeclared or professed; apparent. \nostensible agency. See agency by estoppel under AGENCY \n(1). \nostensible agent. See apparent agent under AGENT (2). \nostensible authority. See apparent authority under \nAUTHORITY (1). \nostensible partner. See nominal partner under \nPARTNER. \nOSTP. See OFFICE OF SCIENCE AND TECHNOLOGY \nPOLlCY. \nostrich defense. See DEFENSE (1). \nostrich instruction. See JURY INSTRUCTION. \nOTA. abbr. OFFICE OF TECHNOLOGY ASSESSMENT. \nOTC. abbr. OVER-THE-COUNTER. \nOTC market. abbr. OVER-THE-COUNTER MARKET. \nother consideration. See CONSIDERATION (1). \nother good and valuable consideration. See other con\nsideration under CONSIDERATION. \nother income. See INCOME. \nother-insurance clause. An insurance-policy provision \nthat attempts to limit coverage ifthe insured has other \ncoverage for the same loss . The three major other\ninsurance clauses are the pro rata clause, the excess \nclause, and the escape clause. See ESCAPE CLAUSE; \nEXCESS CLAUSE; PRO RATA CLAUSE. [Cases: Insurance \nC:::J2109.) outcome responsibility \nother-property rule. The principle that tort recovery \nis unavailable if the only damage caused by a product \ndefect is to the product itself. See East River S.S. Corp. \nv. Transamerica Delaval, Inc., 476 U.S. 858, 106 S. Ct. \n2295 (1986). Insurance (''-::>2109.] \nOTP. abbr. Office of Technology Policy. See TECHNOL\nOGY ADMINISTRATION. \nOTS. abbr. OFFICE OF THRIFT SUPERVISION. \nOTSA. abbr. OFFICE OF TAX-SHELTER ANALYSIS. \n~UI. abbr. Operating under the influence. See DRIVING \nUNDER THE INFLUENCE. [Cases: Automobiles C~ \n332.] \nour federalism. (often cap.) (1971) The doctrine holding \nthat a federal court must refrain from hearing a consti\ntutional challenge to state action iffederal adjudication \nwould be considered an improper intrusion into the \nstate's right to enforce its own laws in its own courts. \nCf. ABSTENTION; FEDERALISM. [Cases: Federal Courts \nC:::J43, 46.] \noust, vb. (lSc) To put out of possession; to deprive of a \nright or inheritance. \nouster. (l6c) 1. The wrongful dispossession or exclu\nsion ofsomeone (esp. a cotenant) from property (esp. \nreal property); DISPOSSESSION. [Cases: Property~,:) 10; \nTenancy in Common 14,15.] 2. The removal of a \npublic or corporate officer from office. Cf. EJECTMENT. \n[Cases: Officers and Public Employees \nouster Ie main (ow-star I;) mayn). [Law French \"remove \nthe hand\"] Hist. 1. A delivery ofland out of the mon\narch's hands because the monarch has no right or \ntitle to hold it. 2. A judgment or writ granting such \na delivery. 3. A delivery ofland from a guardian to a \nward once the ward attains legal age. -Also ,vritten \nouster-ie-main. \noutbuilding. (l7c) A detached building (such as a shed or \ngarage) within the grounds of a main building. \noutcome-determinative test. (1959) Civil procedure. A \ntest used to determine whether an issue is substantive \nfor purposes of the Erie doctrine by examining the \nissue's potential effect on the outcome ofthe litigation. \nSee ERIE DOCTRINE. [Cases: Federal Courts C:::J373.] \noutcome responsibility. The view that those who cause \nharm are responsible for it even in the absence of fault. \nCf. strict liability under LIABILITY. \n\"Outcome responsibility serves to foster a sense of identity \nbecause it does not stretch indefinitely into the future but \nenables each of us to claim for ourselves, or to share with a \nfew others, outcomes of limited extent, whether successes \nor failures. Yet outcome responsibility for harm to another \ndoes not by itself create a duty to compensate. The form \nthat our responsibility for an outcome should take remains \nan open question. An apology or telephone call will often \nbe enough. But outcome responsibility is a basis on which \nthe law can erect a duty to compensate if there is reason to \ndo so. There will be some reason to do so if the conduct in \nquestion is socially undesirable and if there is also reason \nto treat the harm suffered as the infringement of a right.\" \nTony Honore, Responsibility and Fault 77-78 (1999). \n\nouter bar. English law. A group of junior barristers \nwho sit outside the dividing bar in the court.  These \nbarristers rank below the King's Counselor Queen's \nCounsel. - Also termed utter bar. Cf. INNER BAR. \nouter barrister. See BARRISTER. \nOuter House. Scots law. The first-instance jurisdiction of \nthe Court of Session. See COURT OF SESSION (1). \nouter space. (1842) 1. The known and unknown areas \nof the universe beyond airspace. The boundary \nbetween airspace and outer space is not fixed or precise. \nCf. AIRSPACE. 2. Int'llaw. The space surrounding the \nplanet that by United Nations treaty is not subject to \nclaim of appropriation by any national sovereignty . \nThe treaty does not expressly define outer space. See \nOUTER SPACE TREATY. \nOuter Space Treaty. Int'llaw. The short title of the United \nNations Treaty on Principles Governing the Activities \nof States in the Exploration and Use of Outer Space, \nIncluding the Moon and Other Celestial Bodies, 18 \nU.S.T. pt. 3, at 2410 (Jan. 27, 1967). This treaty stipu\nlates that, because space exploration is in the interest of \nall humanity, no nation may claim territory, establish \nmilitary bases, or station weapons on any other planet \nor a moon. The treaty also declares that international \nlaw and the United Nations charter apply in space. See \nOUTER SPACE. \noutfangthief (owt-fang-theef). [fr. Old English ut \"out\" \n+ fangen \"taken\" + theof\"thief\"J Hist. The right of a \nlord of a manor to pursue a thief outside the manor's \njurisdiction and to bring the thief back for trial and \npunishment; a lord's right to punish all thefts com\nmitted within his territories, wherever the thief might \nbe caught. -Also spelled outfangthef; utfangthief; \nutfangthef; outfangthef Cf. INFANGTHIEF. \noutlaw, n. (bef. 12c) 1. A person who has been deprived \nofthe benefit and protection ofthe law; a person under \na sentence ofoutlawry. 2. A lawless person or habitual \ncriminal; esp., a fugitive from the law. 3. Int'llaw. A \nperson, organization, or nation under a ban or restric\ntion because it is considered to be in violation ofinter\nnational law or custom. \noutlaw, vb. (I8c) 1. To deprive (someone) of the benefit \nand protection ofthe law; to declare an outlaw <outlaw \nthe fugitive>. 2. To make illegal <outlaw fireworks \nwithin city limits>. 3. To remove from legal jurisdic\ntion or enforcement; to deprive oflegal force <outlaw \na claim under the statute>. \noutlawry. 1. Hist. The act or process of depriving \nsomeone of the benefit and protection of the law. 2. \nThe state or condition of being outlawed; the status of \nan outlaw. 3. Disregard or disobedience of the law. See \nSACER; CONSECRATIO CAPITIS. \noutlaw strike. See wildcat strike under STRIKE. \noutline form. Patents. A style of writing patent claims \nthat uses a numbered or lettered subparagraph for each \nelement. Cf. COLON-SEMICOLON FORM; SINGLE-PARA\nGRAPH FORM; SUBPARAGRAPH FORM. out-of-court, adj. (1950) Not done or made as part of a \njudicial proceeding <an out-of-court settlement> <an \nout-of-court statement that was not under oath>. See \nEXTRAJUDICIAL. \nout-of-court settlement. See SETTLEMENT (2). \nout-of-home placement. Family law. The placing of a \nchild in a living arrangement outside the child's home \n(as in foster care or institutional care), usu. as the result \nof abuse or neglect; specif., in a child-abuse or child\nneglect case, state action that removes a child from a \nparent's or custodian's home and places the child in \nfoster care or with a relative, either temporarily or for \nan extended period. Cf. FOSTER-CARE PLACEMENT. \n[Cases: Infants C=::'226.J \nout-of-hospital do-not-resuscitate order. See DO-NOT\nRESUSCITATE ORDER. \nout of order. (I8c) 1. (Of a motion) not in order <the \nmotion is out of order because it conflicts with the \nbylaws>. See IN ORDER. A motion may be \"out of \norder\" because it is inherently inappropriate for the \ndeliberative assembly's consideration at any time (e.g., \nbecause it proposes an unlawful action). A motion that \nis not appropriate simply because it is brought before \nthe meeting at the wrong time but that may be appro\npriate for consideration at another time is more pre\ncisely referred to as \"not in order.\" \n\"Motions that conflict with the corporate charter. constitu\ntion or bylaws of a society. or with procedural rules pre\nscribed by national. state, or local laws, are out of order, \nand if any motion of this kind is adopted, it is null and void. \nLikewise. motions are out of order if they conflict with a \nmotion that has been adopted by the society and has been \nneither rescinded, nor reconsidered and rejected after \nadoption. Such conflicting motions, if adopted. are null \nand void unless adopted by the vote required to rescind or \namend the motion previously adopted.\" Henry M. Robert. \nRobert's Rules of Order Newly Revised  39. at 332 (10th \ned.2000). \n2. (Of a person) guilty ofa breach ofdecorum or other \nmisconduct during a meeting <the member is out of \norder>. \nout-of-pocket expense. See EXPENSE. \nout-of-pocket loss. See LOSS. \nout-of-pocket rule. (1940) The principle that a defrauded \nbuyer may recover from the seller as damages the dif\nference between the amount paid for the property and \nthe actual value received. Cf. BENEFIT-OF-THE-BARGAIN \nRULE (2). [Cases: Fraud C=::'59(3).J \nout of the money, adj. (Of a creditor) unpaid because a \ndebtor has insufficient assets to pay the claim. \nout of the state. See BEYOND SEAS (2). \nout of time. After a deadline; too late <because the \nstatute oflimitations expired before the action's filing, \nthis lawsuit is out of time and should be dismissed>. \noutput, n. (1841) 1. A business's production ofgoods or \nmaterials; the quantity or amount produced. 2. The \nprocess or fact of producing goods or materials. \noutput contract. See CONTRACT. \n\n1213 \noutrage, n. See INTENTIONAL INFLICTION OF EMOTIONAL \nDISTRESS. \noutrageous conduct. See CONDUCT. \noutside director. See DIRECTOR. \noutside financing. See FINANCING. \noutside party. See THIRD PARTY. \noutsourcing agreement. An agreement between a \nbusiness and a service provider in which the service \nprovider promises to provide necessary services, esp. \ndata processing and information management, using \nits own staff and equipment, and usu. at its own facili\nties. \noutstanding, adj. (I8c) 1. Unpaid; uncollected <out\nstanding debts>. 2. Publicly issued and sold <outstand\ning shares>. \noutstanding capital stock. See outstanding stock under \nSTOCK. \noutstanding security. See SECURITY. \noutstanding stock. See STOCK. \noutstanding warrant. See WARRANT (1). \nover, adj. (bef. 12c) (Of a property interest) intended to \ntake effect after the failure or termination of a prior \nestate; preceded by some other possessory interest <a \nlimitation over> <a gift over>. \noverage, n. (1909) 1. An excess or surplus, esp. of goods \nor merchandise. 2. A percentage of retail sales paid \nto a store's landlord in addition to fixed rent. [Cases: \nLandlord and Tenant C::::200.3.J \noverbreadth doctrine. (1970) Constitutional law. The \ndoctrine holding that ifa statute is so broadly written \nthat it deters free expression, then it can be struck \ndown on its face because of its chilling effect -even \nifit also prohibits acts that may legitimately be forbid\nden. _ The Supreme Court has used this doctrine to \ninvalidate a number oflaws, including those that would \ndisallow peaceful picketing or require loyalty oaths. \nCf. VAGUENESS DOCTRINE. [Cases: Constitutional Law \nC::::1519.] \noverdraft. (1843) 1. A withdrawal ofmoney from a bank \nin excess of the balance on deposit. [Cases: Banks"}
{"text": "43) 1. A withdrawal ofmoney from a bank \nin excess of the balance on deposit. [Cases: Banks and \nBanking 150.] 2. The amount of money so with\ndrawn. Abbr. (in senses 1 &2) OD; old. 3. A line of \ncredit extended by a bank to a customer (esp. an estab\nlished or institutional customer) who might overdraw \non an account. \noverdraw, vb. (18c) To draw on (an account) in excess of \nthe balance on deposit; to make an overdraft. \noverhead, n. (1907) Business expenses (such as rent, utili\nties, or support-staff salaries) that cannot be allocated \nto a particular product or service; fixed or ordinary \noperating costs. -Also termed administrative expense; \noffice expense. [Cases: Damages 45.J \noverheated economy. See ECONOMY. \noverinclusive, adj. (1949) (Of legislation) extending \nbeyond the class of persons intended to be protected Overseas Private Investment Corporation \nor regulated; burdening more persons than necessary \nto cure the problem <an overinclusive classification>. \noverinsurance. 1. Insurance (esp. from the purchase of \nmultiple policies) that exceeds the value of the thing \ninsured. 2. Excessive or needlessly duplicative insur\nance. [Cases: Insurance C::::3023, 3043.J \noverissue, n. An issue of securities beyond the autho\nrized amount ofcapital or credit. [Cases: Corporations \nC=;'102.j \noverlapping jurisdiction. See concurrent jurisdiction \nunder JURISDICTION. \noverplus. See SURPLUS. \noverreaching, n. (16c) 1. The act or an instance oftaking \nunfair commercial advantage ofanother, esp. by fraud\nulent means. [Cases: Contracts Sales C:::: 1(1).J 2. \nThe act or an instance of defeating one's own purpose \nby going too far. overreach, vb. \noverridden veto. See VETO. \noverride (oh-v;Jr-rId), vb. (14c) To prevail over; to nullify \nor set aside <Congress mustered enough votes to \noverride the President's veto>. \noverride (oh-var-rId), n. (1931) 1. A commission paid to a \nmanager on a sale made by a subordinate. 2. A commis\nsion paid to a real-estate broker who listed a property \nwhen, within a reasonable amount of time after the \nexpiration ofthe listing, the owner sells that property \ndirectly to a buyer with whom the broker had negoti\nated during the term ofthe listing. [Cases: Brokers C=; \n56(3).] 3. ROYALTY (2). \noverriding royalty. See ROYALTY (2). \noverrule, vb. (16c) 1. To rule against; to reject <the \njudge overruled all ofthe defendant's objections>. 2. \n(Of a court) to overturn or set aside (a precedent) by \nexpressly deciding that it should no longer be control\nling law <in Brown v. Board ofEducation, the Supreme \nCourt overruled Plessy v. Ferguson>. Cf. VACATE (1). \n[Cases: Courts (;=>100(1).] \n\"If a decision is not a recent one, and especially if it seems \nto be very poor, it should not be relied upon without ascer \ntaining whether it may not have been expressly or impliedly \noverruled by some subsequent one; that is, whether the \ncourt may not have laid down a contrary principle in a \nlater case.\" Frank Hall Childs, Where and How to Find the \nLaw 94 (1922). \n\"Overruling is an act of superior jurisdiction. A precedent \noverruled is definitely and formally deprived of all author\nity. It becomes null and void, like a repealed statute, and \na new principle is authoritatively substituted for the old.\" \nJohn Salmond, Jurisprudence 189 (Glanville L. Williams ed., \n10th ed. 1947). \noverseas bill oflading. See BILL OF LADING. \nOverseas Private Investment Corporation. A federally \nchartered corporation that promotes private invest\nment in developing countries by making or guaran\nteeing loans; supporting private funds that invest in \nforeign nations; insuring investments against politi\ncal risks; and engaging in outreach activities. _ It was \nestablished as an independent agency by the Foreign \nAffairs Reform and Restructuring Act of 1998. The \n\nagency is self-sustaining. Abbr.OPIC. [Cases: United \nStates (;:::>53(6.1).] \noversman. See UMPIRE. \noversubscription. A situation in which there are more \nsubscribers to a new issue of securities than there are \nsecurities available for purchase. [Cases: Corporations \n(;:::)86.] \novert, adj. (14c) Open and observable; not concealed or \nsecret <the conspirators' overt acts>. \novert act. (l7c) Criminal law. 1. An act that indicates \nan intent to kill or seriously harm another person and \nthus gives that person a justification to use self-defense. \n[Cases: Assault and Battery 51; Homicide (;:::> \n767.] 2. An outward act, however innocent in itself, \ndone in furtherance of a conspiracy, treason, or \ncriminal attempt. An overt act is usu. a required \nelement of these crimes. [Cases: Conspiracy (;:::>27; \nCriminal Law 3. See ACTUS REUS. -Also \ntermed positive act. \nover-the-counter, adj. 1. Not listed or traded on an \norganized securities exchange; traded between brokers \nand dealers who negotiate directly <over-the-counter \nstocks>. [Cases: Securities Regulation (;:::>35.13.] 2. \n(Of drugs) sold legally without a doctor's prescription \n<over-the-counter cough medicine>. -Abbr. OTC. \n[Cases: Health 305.] \nover-the-counter market. The market for securities that \nare not traded on an organized exchange . Over-the\ncounter (OTC) trading usu. occurs through telephone \nor computer negotiations between buyers and sellers. \nMany of the more actively traded OTC stocks are listed \non NASDAQ. Abbr. OTC market. [Cases: Securities \nRegulation ~~35.13.J \novertime. 1. The hours worked by an employee in excess \nof a standard day or week . Under the Fair Labor Stan\ndards Act, employers must pay extra wages (usu. 1Ih \ntimes the regular hourly rate) to certain employees \n(usu. nonsalaried ones) for each hour worked in excess \nof 40 hours per week. [Cases: Labor and Employment \nCr'-=>2305.j 2. The extra wages paid for excess hours \nworked. \novertry, vb. (1911) (Of a trial lawyer) to try a lawsuit by \nexpending excessive time, effort, and other resources \nto explore minutiae, esp. to present more evidence than \nthe fact-trier can assimilate, the result often being that \nthe adversary gains arguing points by disputing the \nminutiae. \noverturn, vb. (1842) To overrule or reverse <the court \noverturned a long-established precedent>. [Cases: \nCourts (;:::> 100(1).J \nOWCP. abbr. OFFICE OF WORKERS' COMPENSATION \nPROGRAMS. \nowelty (oh-dl-tee). (l6c) 1. Equality as achieved by a \ncompensatory sum of money given after an exchange \nof parcels of land having different values or after an \nunequal partition of real property. [Cases: Partition \n(;:::>84.] 2. The sum of money so paid. OWl. abbr. Operating while intoxicated. See DRIVING \nU:-'DER THE INFLUENCE. [Cases: Automobiles (;:::> \n332.J \nowing, adj. (15c) That is yet to be paid; owed; due <a \nbalance of$5,000 is still owing>. \nowling. Hist. The smuggling of wool or sheep out of \nEngland. The term usu. refers to nighttime smug\ngling. \nown, vb. (bef. 12c) To rightfully have or possess as \nproperty; to have legal title to. \nowned-property exclusion. See EXCLUSION (3). \nowner. (bef. 12c) One who has the right to possess, use, \nand convey something; a person in whom one or more \ninterests are vested . An owner may have complete \nproperty in the thing or may have parted with some \ninterests in it (as by granting an easement or making a \nlease). See OWNERSHIP. \nadjoining owner. (I8c) A person who owns land \nabutting another's; ABUTTER. [Cases: Adjoining \nLandowners \nbeneficial owner. (18c) 1. One recognized in equity as \nthe owner ofsomething because use and title belong \nto that person, even though legal title may belong to \nsomeone else; esp., one for whom property is held \nin trust. Also termed equitable owner. [Cases: \nTrusts 2. A corporate shareholder who has \nthe power to buy or sell the shares, but who is not \nregistered on the corporation's books as the owner. \n[Cases: Corporations (;:::>135.]3. Intellectual property. \nA person or entity who is entitled to enjoy the rights \nin a patent, trademark, or copyright even though legal \ntitle is vested in someone else . The beneficial owner \nhas standing to sue for infringement. A corporation \nis typically a beneficial owner if it has a contractual \nright to the assignment ofthe patent but the employee \nwho owns the patent has failed to assign it. Similarly, a \npatent or copyright owner who has transferred title as \ncollateral to secure a loan would be a beneficial owner \nentitled to sue for infringement. \ncopyright owner. See COPYRIGHT OWNER. \nequitable owner. See beneficial owner (1). \ngeneral owner. (l8c) One who has the primary or resid\nuary title to property; one who has the ultimate own\nership of property. Cf. special owner. \nlegal owner. (17c) One recognized by law as the owner of \nsomething; esp., one who holds legal title to property \nfor the benefit of another. See TRUSTEE (1). [Cases: \nTrusts \nlimited owner. (1836) A tenant for life; the owner of \na life estate. See life estate under ESTATE (1). [Cases: \nLife Estates (;:::01.] \nnaked owner. Civil law. A person whose property \nis burdened by a usufruct . The naked owner has \nthe right to dispose of the property subject to the \nusufruct, but not to derive its fruits. See USUFRUCT. \n[Cases: Estates in Property (;:::> 1.] \n\n1215 \nowner ofrecord. See record owner. \nowner pro hac vice (proh hahk vee-chay). See bareboat \ncharter under CHARTER (8). \nrecord owner. (1863) 1. A property owner in whose \nname the title appears in the public records. 2. STOCK\nHOLDER OF RECORD. \nsole and unconditional owner. (1871) Insurance. The \nowner who has full equitable title to, and exclusive \ninterest in, the insured property. [Cases: Insurance \n~2992(2).1 \nspecial owner. (I8c) One (such as a bailee) with a quali\nfied interest in property. Cf. general owner. \nowners' association. (1968) 1. The basic governing entity \nfor a condominium or planned unit developments . \nIt is usu. an unincorporated association or a nonprofit \ncorporation. [Cases: Associations Condominium \n~8.] -Also termed homeowners' association. 2. See \nhomeowners' association under ASSOCIATION. \nowners' equity. (1935) The aggregate of the owners' \nfinancial interests in the assets ofa business entity; the \ncapital contributed by the owners plus any retained \nearnings. Owners' equity is calculated as the differ\nence in value between a business entity's assets and its \nliabilities. -Also termed owner's equity; book value; \nnet book value; (in a corporation) shareholders' equity; \nstockholders' equity. [Cases: Taxation ~2545.1 \n\"Owner's equity is the residual claim of the owners of the \nbusiness on its assets after recognition of the liabilities \nof the business. Owner's equity represents the amounts \ncontributed by the owners to the business, plus the accu\nmulated income of the business since its formation, less \nany amounts that have been distributed to the owners.\" \nCharles H. Meyer, Accounting and Finance for Lawyers in \na Nutshell 4 (1995). \nownership. (16c) The bundle of rights allowing one to \nuse, manage, and enjoy property, including the right \nto convey it to others . Ownership implies the right to \npossess a thing, regardless ofany actual or constructive \ncontrol. Ownership rights are general, permanent, and \nheritable. Cf. POSSESSION; TITLE (1). [Cases: Property \n11.] \n\"Ownership does not always mean absolute dominion. The \nmore an owner, for his advantage, opens up his property \nfor use by the public in general, the more do his rights \nbecome circumscribed by the statutory and constitutional \npowers of those who use it.\" Marsh v. Alabama, 326 u.s. \n501,506,66 S.Ct. 276, 278 (1946) (Black,].). \n\"Possession is the de facto exercise of a claim; ownership \nis the de jure recognition of one. A thing is owned by me \nwhen my claim to it is maintained by the will of the state as \nexpressed in the law; it is possessed by me, when my claim \nto it is maintained by my own selfassertive will. Ownership \nis the guarantee of the law; possession is the guarantee \nof the facts. It is well to have both forms if possible; and \nindeed they normally coexist.\" John Salmond, jurispru' \ndence 311 (Glanville L Williams ed., 10th ed. 1947). \nbare ownership. See trust ownership. \nbeneficial ownership. (18c) 1. A beneficiary's interest \nin"}
{"text": "bare ownership. See trust ownership. \nbeneficial ownership. (18c) 1. A beneficiary's interest \nin trust property. Also termed equitable owner\nship. [Cases: Trusts ~139.] 2. A corporate share\nholder's power to buy or sell the shares, though the ownership-in-place theory \nshareholder is not registered on the corporation's \nbooks as the owner. \nbonitary ownership (bahn-a-tair-ee). Roman law. A \ntype ofeqUitable ownership recognized by the praetor \nwhen the property was conveyed by an informal \ntransfer, or by a formal transfer by one not the true \nowner. -Also termed bonitarian ownership; in bonis \nhabere. \ncomplete ownership. Hist. Louisiana law. See perfect \nownership. \ncontingent ownership. (1886) Ownership in which title \nis imperfect but is capable of becoming perfect on \nthe fulfillment ofsome condition; conditional own\nership. \ncorporeal ownership. (1894) The actual ownership of \nland or chattels. \nequitable ownership. See beneficial ownership (1). \nfull ownership. Hist, Louisiana law. See perfect own\nership. \nimperfect ownership. Louisiana law. Ownership of \nproperty subject to a usufruct interest held by another. \nSee La. Civ. Code art. 478. -Also termed naked own\nership. \nincorporeal ownership. (1931) The ownership ofrights \nin land or chattels. \njoint ownership. (18c) Undivided ownership shared by \ntwo or more persons . Typically, an owner's interest, \nat death, passes to the surviving owner or owners \nby virtue ofthe right of survivorship. [Cases: Joint \nTenancy~L] \nnaked ownership. Louisiana law. See imperfect own\nership. \nownership in common. (1838) Ownership shared \nby two or more persons whose interests are divis\nible. Typically their interests, at death, pass to the \ndead owner's heirs or successors. [Cases: Tenancy in \nCommon \nperfect ownership. Hist. Louisiana law. The complete \nbundle of rights to use, enjoy, and dispose ofproperty \nwithout limitation. -Also termed full ownership; \ncomplete ownership. [Cases: Property ~7, 11.] \nqualified ownership. (I8c) Ownership that is shared, \nrestricted to a particular use, or limited in the extent \nofits enjoyment. \ntrust ownership. (1893) A trustee's interest in trust \nproperty. -Also termed bare ownership. [Cases: \nTrusts ~133.] \nunqualified ownership. Absolute ownership. [Cases: \nProperty ~7.1 \nvested ownership. (1867) Ownership in which title is \nperfect; absolute ownership. \nownership-in-place theory. Oil & gas. A characteriza\ntion ofoil-and-gas rights used in a majority ofjurisdic\ntions, holding that the owner has the right to present \npossession of the oil and gas in place as well as the \n\n1216 owner's policy \nright to use the land surface to search, develop, and \nproduce from the property, but that the interest in the \nminerals terminates if the oil and gas flows out from \nunder the owner's land. -This theory is used in Texas, \nNew Mexico, Kansas, Mississippi, and other major pro\nducing states. The rights of a severed-mineral-interest \nowner to oil and gas in these states are often described \nas an estate in fee simple absolute, but ownership of \nspecific oil-and-gas molecules is subject to the rule \nof capture. See also NONOWNERSHIP THEORY. [Cases: \nMines and Minerals 55,62.1, 73.1(6).] \nowner's policy. Real estate. A title-insurance policy \ncovering the owner's title as well as the mortgagee's \ninterest. Cf. MORTGAGEE POLICY. [Cases: Insurance ~ \n2610; Mortgages ~'201.] \nown-product exclusion. See EXCLUSION (3). \nown-work exclusion. See EXCLUSION (3). \noxfild (oks-fild). Hist. A restitution made by a county \nor hundred for a wrong done by someone within that \nregion. \noxgang (oks-gang). Hist. An amount ofland equal to \nwhat an ox plows in one year, usu. 12 to 15 acres. -An \noxgang, equaling one-eighth of a carucate, was used \nto assess land for tax purposes. -Also termed oxgate; \nbovata terrae. Cf. CARUCATE. \noyer (oY-::lr or oh-y::lr). [fro Old French orr \"to hear\"] (15c) \nHist. L A criminal trial held under a commission of \noyer and terminer. See COMMISSION OF OYER AND TERMINER. 2. The reading in open court ofa document \n(esp. a deed) that is demanded by one party and read \nby the other. 3. Common-law pleading. A prayer to the \ncourt by a party opposing a profert, asking to have the \ninstrument on which the opponent relies read aloud. \n_ Oyer can be demanded only when a profert has been \nproperly made, but it is disallowed for a private writing \nunder seal. [Cases: Bills and Notes ~488; Pleading \nC:)306.] \n\"A party having a right to demand oyer is yet not obliged, \nin all cases, to exercise that right; nor is he obliged, in \nall cases, after demanding it, to notice it in the pleading \nhe afterwards files or delivers. Sometimes, however, he \nis obliged to do both, namely, where he has occasion to \nfound his answer upon any matter contained in the deed of \nwhich profert is made, and not set forth by his adversary. \nIn these cases the only admissible method of making such \nmatter appear to the court is to demand oyer, and, from \nthe copy given, set forth the whole deed verbatim in his \npleading.\" BenjaminJ. Shipman, Handbook ofCommonLaw \nPleading  289, at 483 (Henry Winthrop Ballantine ed., 3d \ned.1923). \noyer, demand of. See DEMAND OF OYER. \noyer and terminer (oY-::lr an[d] tar-m::l-n::lr). [Law French \noyer et terminer \"to hear and determine\"] (15c) 1. See \nCOMMISSION OF OYER AND TERMINER. 2. COURT OF \nOYER AND TERMINER (2). \noyez (oh-yes or oh-yez or oh-yay). [Law French] (I5c) \nHear yeo -The utterance oyez, oyez, oyez is usu. used \nin court by the public crier to call the courtroom to \norder when a session begins or when a proclamation is \nabout to be made. \n\np \nP. abbr. PACIFIC REPORTER. \nP.A. abbr. See professional association under ASSOCIA\nTION. \npaage (pay-ij). See PEDAGE. \nPAC (pak). abbr. POLITICAL-ACTION COMMITTEE. \npacare (pa-kair-ee), vb. [Law Latin] I-list. To pay. \nPACER. abbr. PUBLIC ACCESS TO COURT ELECTRONIC \nRECORDS. \npacification (pas-a-fi-kay-sh;m), n. (ISc) Int'llaw. The \nact ofmaking peace between two belligerent nations. \npacify (pas-a-h), vb. \npacific blockade. See BLOCKADE. \npadfidst. See PACIFIST. \nPacific Reporter. A set of regionallawbooks, part of \nthe West Group's National Reporter System, contain\ning every officially published appellate decision from \nAlaska, Arizona, California, Colorado, Hawaii, Idaho, \nKansas, Montana, Nevada, New Mexico, Oklahoma, \nOregon, Utah, Washington, and Wyoming, from 1883 \nto date. -The first series ran from 1883 to 1931; the \nsecond series ran until 2000; the third series is the \ncurrent one. -Abbr. P.; P.2d; P.3d. \npacifism (pas-a-fiz-am). (1902) Int'llaw. The advocacy of \npeaceful methods rather than war as a means of solving \ndisputes. \npacifist (pas-d-fist), n. (1906) A person who is opposed to \nwar; a person who believes in pacifism. -Also termed \npacificist. Cf. CONSCIENTIOUS OBJECTOR. \npack, vb. (16c) To choose or arrange (a tribunal, jurors, \netc.) to accomplish a desired result <pack a jury>. \npackage mortgage. See MORTGAGE. \npackage policy. See INSURANCE POLICY. \npacking, n. A gerrymandering technique in which a \ndominant political or racial group minimizes minority \nrepresentation by concentrating the minority into as \nfew districts as possible. Cf. CRACKING; STACKDIG (2). \n[Cases: Ejections 12(6).J \npacking a jury. See JURY-PACKING. \nPac-Man defense (pak-man). An aggressive antitakeover \ndefense by which the target company attempts to take \nover the bidder company by making a cash tender offer \nfor the bidder company's shares. _ The name derives \nfrom a video game popular in the 1980s, the object \nof which was to gobble up the enemy. This defense \nis seldom used today. Cf. CROWN-JEWEL DEFENSE; \nSCORCHED-EARTH DEFENSE. \npact. (15c) An agreement between two or more parties; \nesp., an agreement (such as a treaty) between two or \nmore nations or governmental entities. \"Popular understanding notwithstanding, there is no legal \ndifference between various kinds of international instru\nments because of the name they are given. In other words, \n'treaties,' 'pacts,' 'protocols,' 'conventions,' 'covenants,' \nand 'declarations' are all terms to convey international \nagreements. Some of these terms may connote more or less \nsolemnity or formality, but it does not matter for purposes \nof characterizing an accord as an international agreement, \nbinding under international law.\" Davidj. Bederman, Inter\nnational Law Frameworks 25 (2001). \npacta sunt servanda (pak-t<J s<Jnt s<Jr-van-dd). [Latin \n\"agreements must be kept\"] The rule that agreements \nand stipulations, esp. those contained in treaties, must \nbe observed <the Quebec courts have been faithful to \nthe pacta sunt servanda principle>. [Cases: Contracts \nC:=> 1.] \npact de non alienando (pakt dee non ay-Iee-a-nan-doh). \n[Latin] Civil law. An agreement not to alienate encum\ni bered (esp. mortgaged) property. -This stipulation will \n' not void a sale to a third party, but it does allow the \nmortgagee to proceed directly against the mortgaged \nproperty without notice to the purchaser. \npactio (pak-shee-oh). [Latin] Civil law. 1. The negotiating \nprocess that results in a pactum. 2. The pactum arrived \nat; an agreement. PI. pactiones. \npaction (pak-shan). 1. PACTIO. 2. Int'llaw. An agreement \nbetween two nations to be performed by a Single act. \ni \npactionai, adj. Relating to or generating an agreement. \npaction ally, adv. \nPact of Paris. See KELLOGG-BRIAND PACT. \nI pactum (pak-tam), n. [Latin] Roman & civil law. An \nI agreement or convention, usu. falling short of a \n'contract; a pact. -Also termed pactum conventum. \nPLpacta. \npactum constitutae pecuniae (pak-tdm kon-sta-t[y] \noo-tee pi-kyoo-nee-ee). [Latin \"agreement for a fixed \nsum of money\"] See pactum de consituto. \npactum corvinum de hereditate viventis (pak-tdm \nkor-vI-ndm dee ha-red-i-tay-tee vl-ven-tis). [Latin \"a \nraven-like contract on the inheritance ofthe living\"] \nAn agreement concerning the succession of one still \nliVing. -Also termed pactum de successione viventis; \npactum super hereditate viventis. \n\"It is supposed that the Romans called this a corvine agree \nment (pactum coyvinum) on account of the eager rapacity \nof ravens, which prompts them to attack and commence \nto devour animals weakened and dying before death has \nactually taken place.\" John Trayner, Trayner's Latin Maxims \n429 (4th ed. 1894). \npactum de constituto (pak-tam dee kon-sti-t[y]oo-toh). \n[Latin \"an agreement\"] An informal agreement to pay \nan existing debt, one's own or another's, at a fixed \ntime. _ The agreement was enforceable by a praetor. \nJustinian extended the pactum de canstituto from \n\n1218 pad \nmoney to debts ofany kind. The pactum could also be \nused to give security; it differs from fidejussion mainly \nin its informality. Also termed pactum constitutae \npecuniae. See CONSTITGTUM. Cf. FIDEJUSSION. \npactum de non petendo (pak-tam dee non pa-ten-doh). \n[Latin \"agreement not to sue\") An agreement in which \na creditor promises not to enforce the debt. \npactum de quota litis (pak-tam dee kwoh-ta II-tis). \n[Latin \"agreement about a portion of the amount in \nissue\"] An agreement in which a creditor promises to \npay a portion ofa difficult-to-collect debt to a person \nattempting to collect it; an agreement to share the \nproceeds ofa litigation. \npactum de retrovendendo (pak-tam dee re-troh-ven\nden-doh). [Latin] An agreement concerning the \nselling back of an object.  This agreement gave the \nseller the right to repurchase the item sold within a \ncertain period and at a fixed price. \npactum de successione viventis (pak-tam dee sak\nses[h)-ee-oh-nee vI-ven-tis). [Latin] See pactum \ncorvinum de hereditate viventis. \npactum displicentiae (pak"}
{"text": "Latin] See pactum \ncorvinum de hereditate viventis. \npactum displicentiae (pak-tam dis-pli-sen-shee-I). \nRoman law. A sale on approval.  The buyer had the \nproperty on trial and could reject it. \npactum donationis (pak-tam doh-nay-shee-oh-nis). \n[Latin] An agreement to make a gift . Justinian made \nsuch agreements enforceable. Ifinformal, the agree\nment would be valid up to a fix sum (500 solidi). \npactum illicitum (pak-tam i-lis-a-tam). [Latin] An \nillegal agreement. \npactum legis commissoriae (pak-tam lee-jis kom-i-sor\nee-ee). [Latin] An agreement under which the seller \nreceived the benefit of the lex commissoria. See LEX \nCOMMISSORIA. \npactum legis commissoriae in pignoribus (pak-t<lm \nlee-jis kom-i-sor-ee-ee in pig-nor-a-bas). [Law Latin] \nAn agreement giving the pledgee the benefit ofa for\nfeiture clause. See LEX COMMISSORIA. \n\"The pactum legis commissoriae in pignoribus was ... a \nRoman law paction, sometimes adjected to a redeemable \nright, whereby it was provided, that, if the subject were not \nredeemed against a determinate day, the right of reversion \nshould be irritated, and the subject should become the \nirredeemable property of him to whom it was impledged. \nSuch stipulations were held in the Roman law to be contra \nbonos mores; but, by the law of Scotland, irritant clauses in \ncontracts, obligations, infeftments, and the like, are effec\ntual.\" William Bell, Bel/'s Dictionary and Digest ofthe Law of \nScotland 758 (George Watson ed., 7th ed. 1890). \npactum liberatorium (pak-tam Iib-ar-a-tor-ee-am). \n[Law Latin \"a liberating agreement\"] An agree\nment liberating parties from honOring a real right. \n This type of agreement appears to have been long \ndefunct. \npactum super hereditate viventis (pak-tam s[y]oo-par \nha-red-i-tay-tee vI-ven-tis). [Law Latin] See pactum \ncorvinum de hereditate viventis. pad, vb. (1831) Slang. (Of a lawyer, paralegal, etc.) to \noverstate the number of (billable hours worked). See \nBILLABLE HOUR. padding, n. \npadded-payroll rule. See FICTITIOUS-PAYEE RULE. \npaid-in capital. See CAPITAL. \npaid-in fund. See FUND (1). \npaid-in surplus. See SURPLUS. \npaid-up insurance. See INSURANCE. \npaid-up lease. Oil & gas. A mineral lease that does not \nprovide for delay-rental payments and does not subject \nthe lessor to any covenant to drill . In effect, the lessor \nmakes all delay-rental payments, and perhaps a bonus, \nwhen the lease is Signed. A paid-up lease may be used to \nlease a small area or a fractional interest, or for a short \nprimary term or for small delay rentals. The lease is \neffective through the primary term. [Cases: Mines and \nMinerals (;:::>78.1(2),78.1(3).] \npaid-up policy. See INSURANCE POLICY. \npaid-up stock. See full-paid stock under STOCK. \npain and suffering. (1825) Physical discomfort or emo\ntional distress compensable as an element of non\neconomic damages in torts. See DAMAGES. [Cases: \nDamages 57.1.] \npain of, on. See ON PAIN OF. \npains and penalties, bill of. See BILL OF PAINS AND PEN\nALTIES. \npair. Parliamentary law. Two voters, usu. legislators, \non opposite sides of an issue who agree that they will \nabstain if either cannot vote on the issue. A pair is \nusu. announced and recorded. \n\"In a legislative body it is a rule that no member can vote \nwho is not present when the question is put, but 'pairing: \nwhich is a type of absentee voting by which a member \nagrees with a member who would have voted opposite \nto the first member not to vote, has long been used in \nCongress and some of the states and has been recognized \nby the courts. Each house of the legislature, under the \nauthority to make rules for its own governance, has power \nto recognize what are called 'pairs.'\" National Conference \nof State Legislatures, Mason's Manual ofLegislative Proce\ndure  538, at 385 (2000). \npaired vote. See VOTE (1). \npais (payor pays). See IN PAIS. \nPalace Court. Hist. A court having jurisdiction over all \npersonal actions arising within 12 miles ofWhitehall. \n This court was created by James I in response to com\nplaints about the inconvenience of using the itinerant \nCourt of the Marshalsea; its jurisdiction was similar \nto that of the Marshalsea, but the court remained in \nWhitehall. It was abolished along with the Court of \nthe Marshalsea in 1849. -Formerly also termed curia \npalatii. See COURT OF THE MARSHALSEA. \n\"The court of the marsha/sea, and the palace court at \nWestminster, though two distinct courts, are frequently \nconfounded together. The former was originally holden \nbefore the steward and marshal of the king's house, and \nwas instituted to administer justice between the king's \ndomestic servants, that they might not be drawn into \nother courts, and thereby the king lose their service.... \n\n1219 \nBut this court being ambulatory, and obliged to follow \nthe king in all his progresses, so that by the removal of \nthe household, actions were frequently discontinued, and \ndoubts having arisen as to the extent of its jurisdiction, , . \n[the king] erected a new court of record, called the curia \npalatii, or palacecourt, to be held before the steward of \nthe household and knight marshal, and the steward ofthe \ncourt, or his deputy; with jurisdiction to hold plea of all \nmanner of personal actions whatsoever, which shall arise \nbetween any parties within twelve miles of his majesty's \npalace at Whitehall.\" 3 William Blackstone, Commentaries \non the Laws of England 76 (1768). \npalimony (pal-;}-moh-nee). [Portmanteau word from \npal + alimol1Y) (1977) 1. A court's award of post-rela\ntionship support or compensation for services, money, \nand goods contributed during a long-term nonmari\ntal relationship, esp. where a common-law marriage \ncannot be established . Though not recognized under \nmost state statutes, caselaw in some jurisdictions \nauthorizes palimony claims. The term originated in \nthe press coverage of Marvil1 v. Marvil1, 557 P.2d 106 \n(CaL 1976). Cf. ALIMONY. [Cases; Marriage 2. \nLoosely, child support.  This sense is esp. common in \nthe United Kingdom. \npallio cooperire (pal-ee-oh koh-op-;}-rI-ree). [Latin \"to \ncover with a pallium\"] Hist. A marriage ofpersons who \nhave already had a child together . The pallium was \na veil or cover over the bride, which was extended to \ncover the bastard child. Its removal at the wedding was \ndeemed to legitimate the child. \nPalmer's Act. An English statute, enacted in 1856, giving \na person accused of a crime falling outside the jurisdic\ntion of the Central Criminal Court the right to have \nthe case tried in that court. St. 19 & 20 Vict., ch. 16. \nAlso termed Central Criminal Court Act. See CENTRAL \nCRIMINAL COURT. \npalming off. See PASSING OFF. \nPalsgrafrule (pawlz-graf). (1932) Torts. The principle \nthat negligent conduct resulting in injury will lead to \nliability only if the actor could have reasonably foreseen \nthat the conduct would cause the injury . In Palsgraf v. \nLong Islal1d R.R., 162 N.E. 99 (N.Y. 1928), two railroad \nattendants negligently dislodged a package of fire\nworks from a man they were helping board a train. \nThe package exploded on impact and knocked over \nsome scales that fell on Mrs. Palsgraf. The New York \nCourt ofAppeals, in a 4-3 majority opinion written by \nChief Justice Benjamin Cardozo, held that the atten\ndants could not have foreseen the possibility of injury \nto Palsgraf and therefore did not breach any duty to her. \nIn the dissenting opinion, Justice William S. Andrews \nasserted that the duty to exercise care is owed to all, \nand thus a negligent act will subject the actor to liabil\nity to all persons proximately harmed by it, whether or \nnot the harm is foreseeable. Both opinions have been \nwidely cited to support the two views expressed in \nthem. [Cases: Negligence (:='213.] \nPan-American Convention. Copyright. One of a series \nof copyright conventions held among Western Hemi\nsphere countries to negotiate treaties patterned after \nthe Berne Convention . The first Convention was held panhandling \nin 1902, the last in 1946. The largest was the 1910 Pan \nAmerican Convention in Buenos Aires. \npandect (pan-dekt). 1. A complete legal code, esp. of a \nnation or a system of law, together with commentary. \n2. (cap. & pl.) The 50 books constituting Justinian's \nDigest (one of the four works making up the Corpus \nJuris Civilis), first published in A.D. 533. The substance \nof 2,000 treatises was distilled into this abridgment. \nOne estimate is that 3 million lines were reduced to \n150,000. This prodigious amount of work was carried \nout in three short years (A.D. 530-533) by a commission \nof 17 jurists headed by Tribonian. Also termed (in \nsense 2) Digest. Also spelled (in reference to German \nlaw) pandekt. PI. pandects, pandectae. See CORPUS \nJURIS CIVILIS. \npander, n. (15c) One who engages in pandering. -Also \ntermed panderer. See PIMP. \npandering (pan-dar-ing), n. (l7c) 1. The act or offense \nof recruiting a prostitute, finding a place of business \nfor a prostitute, or soliciting customers for a prosti\ntute. -Also termed promoting prostitutiol1. [Cases: \nProstitution 2. The act or offense of selling or \ndistributing textual or visual material (such as maga\nzines or videotapes) openly advertised to appeal to the \nrecipient's sexual interest.  Although the concept of \npandering was invoked by the U.S. Supreme Court in \nGil1zburg v. United States, 383 U.S. 463, 86 S.Ct. 942 \n(1966), it has seldom been discussed by the Court since \nthen. pander, vb. \nPanduit test. Patel1ts. A four-factor test for measur\ning profits lost because of patent infringement . The \npatentee must prove (1) that there was a demand for the \nproduct; (2) that the patentee had the manufacturing \nand marketing capacity to meet that demand; (3) that \nthere were no acceptable noninfringing alternatives \non the market; and (4) how much was lost in profits. \nPal1duit Corp. v. Stahlin Bros. Fibre Works, Inc., 575 \nF.2d 1152 (6th Cir. 1978). [Cases: Patents C~-:>318.] \nP & L. abbr. Profit and loss. See INCOME STATEMENT. \npanel. (14c) 1. A list of persons summoned as poten\ntial jurors; VENIRE. 2. A group of persons selected to \nserve on a jury; JURY. [Cases: Jury (::::066, 78.] 3. A set \nof judges selected from a complete court to decide a \nspecific case; esp., a group of three judges designated \nto sit for an appellate court. [Cases: Courts (::::070.] 4. \nScots law. A person indicted in a crime; the accused. \nAlso spelled (in sense 4) pal1l1el. \npanelation (pan-al-ay-sh;m). (2003) The act ofempanel\ning a jury. -Also spelled panel/ation. \npanel attorney. See ATTORNEY. \npanel-shopping. (1974) The practice of chOOSing the \nmost favorable group ofjudges to hear an appeal. \npanhandling. The act or practice of approaching or \nstopping strangers and begging for money or food. \n[Cases: Vagrancy 1.J -panhandler, n. pan\nhandle, vb. \n\n1220 pannage \npannage (pan-ij). Hist. 1. The right to feed animals, esp. \nswine, on the windfallen nuts, etc. in a forest. 2. The \npayment made to a forest's owner in exchange for the \nright. \npapal law (pay-p<3I). See CANON LAW. \npaper. (14c) 1. Any written or printed document or \ninstrument. 2. A negotiable document or instru\nment evidencing a debt; esp., commercial documents \nor negotiable instruments considered as a group. See \nNEGOTIABLE INSTRUMENT. 3. (pl.) COURT PAPERS. \naccommodation paper. See ACCOMMODATION PAPER. \nbankable paper. Notes, checks, bank bills, drafts, and \nother instruments received as cash by banks. \nbearer paper. An instrument payable to the person who \nholds it rather than to the order of a specific person. \n_ Bearer paper is negotiated simply by delivering the \ninstrument to a transferee. -Also termed bearer \ndocument; bearer instrument. [Cases: Bills and Notes \n(;..--:::>210.] \nchattel paper (chat-"}
{"text": "instrument. [Cases: Bills and Notes \n(;..--:::>210.] \nchattel paper (chat-<3I). See CHATTEL PAPER. \ncommercial paper. 1. An instrument, other than cash, \nfor the payment of money. _ Commercial paper \ntypically existing in the form of a draft (such as a \ncheck) or a note (such as a certificate of deposit) is \ngoverned by Article 3 of the UCC. But even though \nthe UCC uses the term commercial paper when refer\nring to negotiable instruments of a particular kind \n(drafts, checks, certificates of deposit, and notes as \ndefined by Article 3), the term long predates the UCC \nas a business and legal term in common use. Before \nthe UCC, it was generally viewed as synonymous with \nnegotiable paper or bills and notes. It was sometimes \napplied even to nonnegotiable instruments. Also \ntermed mercantile paper; company's paper. See NEGO\nTIABLE INSTRUMENT. [Cases: Bills and Notes C':::'1.J \n\"'Commercial paper' is rather a popular than a technical \nexpression, often used, however, both in statutes and in \ndecisions of courts, to designate those simple forms of \ncontract long recognized in the world's commerce and \ngoverned by the law merchant.\" 1 Joseph F. Randolph, A \nTreatise on the Law ofCommercial Paper  1, at 1 (2d ed. \n1899). \n\"Defined most broadly, commercial paper refers to any \nwriting embodying rights that are customarily conveyed \nby transferring the writing. A large subset of commercial \npaper consists of such writings that are negotiable, which \nmeans that the law enables a transferee to acquire the \nembodied rights free of claims and defenses against the \ntransferor.\" Richard E. Speidel, Negotiable Instruments and \nCheck Collection in a Nutshell 1 (4th ed. 1993). \n2. Such instruments collectively. Also termed bills \nand notes. 3. Loosely, a short-term unsecured prom\nissory note, usu. issued and sold by one company to \nmeet another company's immediate cash needs. \ncommodity paper. An instrument representing a loan \nsecured by a bill oflading or warehouse receipt. \norder paper. An instrument payable to a specific payee \nor to any person that the payee deSignates. -Also \ntermed order document; order instrument. [Cases: \nBills and Notes ~208.] paper loss. See LOSS. \npaper market. See derivative market under MARKET. \npaper money. See MONEY. \npaper patent. See PATENT (3). \npaper profit. See PROFIT (1). \npapers. See COURT PAPERS. \npaper standard. A monetary system based entirely on \npaper; a system ofcurrency that is not convertible into \ngold or other precious metal. Cf. GOLD STANDARD. \npaper street. See STREET. \npaper title. See record title under TITLE (2). \nPapian law. See LEX PAPIA POPPEA. \npar. See PAR VALUE. \nparade-of-horrors objection. See WEDGE PRINCIPLE. \nparage (par-ij), n. [Law French] (13c) Hist. Equality of \ncondition, blood, or dignity; esp., the equal tenure in \nland existing among the nobility who inherit from a \ncommon ancestor. -Also termed paragium. Cf. DIS\nPARAGARE (2). \nparagium (p<3-ray-jee-<3m). [Law Latin] PARAGE. \nparajudge. See UNITED STATES MAGISTRATE JUDGE. \nparalegal, n. (1967) 1. A person who has some educa\ntion in law and assists a lawyer in duties related to the \npractice of law but who is not a licensed attorney. \nAlso termed legal assistant; legal analyst. 2. Canadian \nlaw. A nonlawyer who is legally qualified through expe\nrience or special training and is licensed to provide \nlimited legal services in certain fields . Paralegals may \nassist in representing clients in both civil and criminal \nmatters. -Also termed (in sense 2) law clerk. para\nlegal, adj. \nparalegalize, vb. Slang. To proofread, cite-check, and oth\nerwise double-check the details in (a legal document). \nparallel citation. See CITATION (3). \nparallel imports. Goods bearing valid trademarks that \nare manufactured abroad and imported into the United \nStates to compete with domestically manufactured \ngoods bearing the same valid trademarks. -Domestic \nparties commonly complain that parallel imports \ncompete unfairly in the U.S. market. But C'.S. trade\nmark law does not prohibit the sale of most parallel \nimports. Also termed gray-market goods. See gray \nmarket under MARKET. \nparallel parenting. See PARENTING. \nparallel research. Intellectual property. The coincident \nbut independent development of similar information \nor ideas by more than one person. -Parallel research \nmay be offered to establish an independent-concep\ntion defense. If more than one person independently \nreaches the same result, each may protect the product \nas a trade secret. \nparamount title. See TITLE (2). \nparaph (par-af), n. 1. Hist. A flourish that follows a sig\nnature, intended as a safeguard against forgery. 2. Civil \n\nlaw. A signature itself; esp., a notary public's signature \non a document, followed by the date, names of the \nparties, and seal. \nparaph (par-\"f), vb. Civil law. To add a paraph to \n<paraphed the contract>. \nparapherna (par-,,-far-n,,), n. (Greek \"things brought on \nthe side\"]l. Roman law. Property of a wife not forming \npart of her dowry. See DOS (1). 2. Scots law. A married \nwoman's personal property, such as clothing, jewelry, \nand intimate possessions, which a husband did not \nacquire by virtue of marriage. See JUS MARITI. \nparaphernalia (par-,,-f3r-nay-lee-,,). (17c) Hist. Property \nthat a wife was allowed to keep, in addition to her \ndowry, on the death ofher husband. \n\"[I]n one particular instance the wife may acquire a property \nin some of her husband's goods: which shall remain to her \nafter his death and not go to the executors. These are \ncalled her paraphernalia, which is a term borrowed from \nthe civil law. , . signifying something over and above her \ndower.\" 2 William Blackstone, Commentaries on the Laws \nofEngland 435-36 (1765). \nparaphernal property. See extradotal property under \nPROPERTY. \nParaphrase ofTheophilus. See INSTITUTE (4). \nparata executio (p\"-ray-t,, ek-s,,-kyoo-shee-oh). [Law \nLatin \"a prepared diligence\"] Scots law. A creditor's \ncompleted diligence allowing the creditor to proceed \nto obtain payment of a debt. \nparatitla (par-,,-tIt-I,,). n. pl. [Law Latin \"next to the \ntitle\"] Roman & civil law. :..Iotes or abstracts prefixed \nto titles of law. giving a summary of their contents. \nparatum habeo (p,,-ray-tam hay-bee-oh). [Law Latin \"1 \nhave him in readiness\"] Hist. A sheriff's return of a \ncapias ad respondendum, signifying that the defendant \nis ready to be brought to court. \nparatus est verificare (p\"-ray-t,,s est ver-,,-fi-kair-ee). \n[Law Latin] He is ready to verify . This phrase formerly \nconcluded a verified pleading. \nparamil (par-,,-vayl or par-,,-vayl). adj. [Law French \n\"at the bottom\"] Hist. (Of a tenant) holding ofanother \ntenant. \nparcel, n. (ISc) 1. A small package or bundle. 2. A tract \nofland; esp . a continuous tract or plot ofland in one \npossession, no part of which is separated from the rest \nby intervening land in another's possession. \nparcel, vb. (ISc) To divide and distribute (goods. land, \netc.)  This verb is often used with out <the land is \nparceled out in allotments> or, rarely, off<the father \narranged to have a 1O.474-acre tract of his farm parceled \noff and retitled to his children as joint tenants>. \nparcenary (pahr-sa-ner-ee). See COPARCENARY. \nparcener (pahr-s\"-n,,r). See COPARCENER. \nparco fracto (pahr-koh frak-toh). See DE PARCO \nFRACTO. \npar delictum Cpahr di-lik-t\"m). [Latin) Equal guilt; equal \nwrong. pardon, n. (14c) The act or an instance of officially nul\nlifying punishment or other legal consequences of a \ncrime. A pardon is usu. granted by the chief executive \nof a government. The President has the sole power to \nissue pardons for federal offenses, and state governors \nhave the power to issue pardons for state crimes. \nAlso termed executive pardon. See CLEMENCY. Cf. COM\nMUTATION (2); REPRIEVE. [Cases: Pardon and Parole \nC'::;)23.) pardon, vb. \n\"The term pardon is first found in early French law and \nderives from the Late Latin perdonare ('to grant freely'), \nsuggesting a gift bestowed by the sovereign. It has thus \ncome to be associated with a somewhat personal conces \nsion by a head of state to the perpetrator of an offense, \nin mitigation or remission of the full punishment that he \nhas merited.\" Leslie Sebba, \"Amnesty and Pardon,\" in 1 \nEncyclopedia ofCrime and Justice 59, 59 (Sanford H. Kadish \ned., 1983). \nabsolute pardon. A pardon that releases the wrong\ndoer from punishment and restores the offender's \ncivil rights without qualification. -Also termed full \npardon; unconditional pardon. [Cases: Pardon and \nParole ~23.1 \nconditional pardon. A pardon that does not become \neffective until the wrongdoer satisfies a prerequisite \nor that will be revoked upon the occurrence of some \nspecified act. [Cases: Pardon and Parole (''''::::>23.] \nfaultless pardon. A pardon granted because the act \nfor which the person was convicted was not a crime. \n[Cases: Pardon and Parole \ngeneral pardon. See AMNESTY. \npartialpardon. A pardon that exonerates the offender \nfrom some but not all of the punishment or legal con\nsequences of a crime. [Cases: Pardon and Parole \n23.] \nunconditional pardon. See absolute pardon. \npardon attorney. A Justice Department lawyer who con\nsiders applications for federal pardons and forwards \nthose ofpromising candidates for review by the Presi\ndent. \nparens binubus (par-enz bI-n[y]oo-bas). [Latin \"twice\nmarried parent\") Roman law. A parent who has remar\nried. \nparens patriae (par-enz pay-tree-ee orpa-tree-I). [Latin \n\"parent ofhis or her country\"] (18c) 1. Roman law. The \nemperor as the embodiment of the state. 2. The state \nregarded as a sovereign; the state in its capacity as \nprovider of protection to those unable to care for them\nselves <the attorney general acted as parens patriae in \nthe administrative hearing>. [Cases: States C='l.] 3. A \ndoctrine by which a government has standing to pros\necute a lawsuit on behalfof a citizen, esp. on behalf of \nsomeone who is under a legal disability to prosecute \nthe suit <parens patriae allowed the state to institute \nproceedings>. _ The state ordinarily has no standing \nto sue on behalf of its citizens, unless a separate, sover\neign interest will be served by the suit. Also termed \ndoctrine ofparens patriae. [Cases: Infants States \n(::::::::190.] \n\n1222 parent \nparent. (15c) 1. The lawful father or mother of someone . \nIn ordinary usage, the term denotes more than respon\nsibility for conception and birth. The term commonly \nincludes (1) either the natural father or the natural \nmother of a child, (2) either the adoptive father or the \nadoptive mother ofa child, (3) a child's putative blood \nparent who has expressly acknowledged paternity, and \n(4) an individual or agency whose status as guardian \nhas been established by judicial decree. In law, parental \nstatus based on any criterion may be terminated by \njudicial decree. In other words, a person ceases to be a \nlegal parent if that person's status as a parent has been \nterminated in a legal proceeding. -Also termed legal \nparent. [Cases: Parent and Child C=1.] \nabsent parent. See noncustodial parent. \nadoptive parent. (1Sc) A parent by virtue of legal \nadoption. See ADOPTION (1). [Cases: Adoption C= \n4,20.] \nbiological parent. The woman who provides the egg or \nthe man who provides the sperm to form the zygote \nthat grows into an embryo. -Also termed genetic \nparent. [Cases: Children Out-of-Wedlock C=1.] \nbirth parent. Either the biological father or the mother \nwho gives birth to a child. -Sometimes written \nbirthparent. \nconstructive parent. See equitable parent. \ncustodial parent. The parent awarded physical custody \nof a child in a divorce. See PHYSICAL CUSTODY (2). \nCf. noncustodial parent. [Cases: Child Custody C= \n209.] \ndefacto parent. An adult who (1) is not the child's legal \nparent, (2) has, with consent of the child's legal parent, \nresided with the child for a significant period, and \n(3) has routinely performed a share ofthe caretaking \nfunctions at least as great as that of the parent who \nhas been the child's primary caregiver without any \nexpectation ofcompensation for this care . Because \nthe status of de facto parent is subordinate to that of \nlegal parent, a person who expects to be afforded the \nstatus of parent should, if possible, adopt the child. \nThe primary function of this conceptual status is to \nprovide courts with a means for maintaining a rela\ntionship between a child and an adult who has func\ntioned as a parent when that adult is prohibited from \nlegally adopting the child. The status is usu.limited to \na person who has assumed the role ofparent"}
{"text": "is prohibited from \nlegally adopting the child. The status is usu.limited to \na person who has assumed the role ofparent with the \nknowledge and consent, either express or implied, of \nthe legal parent. But it may also arise when there is a \ntotal failure or inability ofthe legal parent to perform \nparental duties. Cf. equitable parent; psychological \nparent. \nDisneyland parent. A noncustodial parent who \nindulges his or her child with gifts and good times \nduring visitation and leaves most or all disciplinary \nresponsibilities to the other parent; esp., a noncusto\ndial parent who provides luxuries that the custodial \nparent cannot afford but performs no disciplinary duties, in an effort to gain or retain the child's \naffection. See LOLLIPOP SYNDROME. \ndomiciliary parent. A parent with whom a child lives. \n[Cases: Child CustodyC=147.] \ndual-residential parent. A parent who shares primary \nresidential responsibility for a child with the other \nparent when each provides a residence that is substan\ntially a primary residence. In many jurisdictions, \ndual residence is referred to as joint physical custody. \nSee RESIDENTIAL RESPONSIBILITY; CUSTODY (2). Cf. \nresidential parent. \nequitable parent. 1. A husband who, though not the \nbiological father, is treated by the court as the father \nin an action for custody or visitation, usu. when the \nhusband (1) has treated the child as his own while \nmarried to the child's mother, (2) is the only father \nthe child has ever known, and (3) seeks the rights of \nfatherhood. 2. A mother or father, not by blood or \nadoption, but by virtue of the close parent-like rela\ntionship that exists between that person and a child. \n The status of equitable parent is a legal fiction that \nis used as an equitable remedy. Most commonly, \nthe status of equitable parent arises when a person, \nliving with the child and one of his or her legal or \nnatural parents, forms a close bond with the child and \nassumes the duties and responsibilities ofa parent. \nAlso termed constructive parent. See adoption by \nestoppel under ADOPTION. Cf. psychological parent; \nde facto parent. [Cases: Children Out-of-Wedlock \nC=14.] \nfoster parent. (l7c) An adult who, though without \nblood ties or legal ties, cares for and rears a child, esp. \nan orphaned or neglected child who might otherwise \nbe deprived of nurture, usu. under the auspices and \ndirection of an agency and for some compensation \nor benefit.  Foster parents sometimes give care and \nsupport temporarily until a child is legally adopted by \nothers. See FOSTER CARE. Cf.foster child under CHILD. \n[Cases: Infants C=226.] \ngenetic parent. See biological parent. \ngodparent. See GODPARENT. \nintended parent. See intentional parent. \nintentional parent. The person whose idea it is to have \nand raise a child and who (1) enters into a surrogacy \ncontract with a surrogate mother, and (2) is the legal \nparent ofthe child regardless ofany genetic link to the \nchild. -Also termed intended parent. See intended \nchild under CHILD. \nnoncustodial parent. In the child-custody laws ofsome \nstates, a parent without the primary custody rights of \na child; esp., the parent not awarded physical custody \nof a child in a divorce . The noncustodial parent is \ntypically awarded visitation with the child. -Also \ntermed nonresidential parent; possessory conservator; \nabsent parent. See PHYSICAL CUSTODY (2). Cf. custo\ndial parent. [Cases: Child Custody C=20-231.] \nnonresidential parent. See noncustodial parent. \n\n1223 \nparent by estoppel. A man who, though not a child's \nlegal father, is estopped from denying liability for \nchild support.  This estoppel usu. arises when the \nman (1) has lived with the child for at least two years, \n(2) has believed in good faith that he was the child's \nfather, (3) has accepted parental responsibilities, and \n(4) has entered into a coparenting agreement with \nthe child's mother and when the court finds that \nrecognition of the status of parent is in the child's \nbest interests. See ESTOPPEL. [Cases: Children Out\nof-Wedlock \nprimary domiciliary parent. Jn a joint-custody \narrangement, the parent who exercises primary \nphysical custody. See joint custody under CUSTODY \n(2). [Cases: Child Custody~147.] \npsychological parent. A person who, on a continuing \nand regular basis, provides for a child's emotional and \nphysical needs . The psychological parent may be \nthe biological parent, a foster parent, a guardian, a \ncommon-law parent, or some other person unrelated \nto the child. \nresidential parent. A parent who has primary residen\ntial responsibility for a child and who is not a dual\nresidential parent. See RESIDENTIAL RESPONSIBILITY. \nCf. dual-residential parent. [Cases: Child Custody C-~ \n147,209.] \nstepparent. (1840) The spouse ofone's mother or father \nby a later marriage. [Cases: Child Custody C=>272; \nParent and Child C-~14.] \nsurrogate parent. (1972) 1. A person who carries out the \nrole of a parent by court appointment or the volun\ntary assumption of parental responsibilities. [Cases: \nParent and Child ~15.] 2. See surrogate mother (2) \nunder MOTHER. \n2. See parent corporation under CORPORATION. \nparentage (pair-;m-tij or par-). (ISc) The state or condi\ntion ofbeing a parent; kindred in the direct ascending \nline. [Cases: Parent and Child C=> 1.] \nparentage action. See PATER::-IITY SUIT. \nparental access. See VISITATION (2). \nparental-alienation syndrome. See PARENT-ALIENATION \nSYNDROME. \nparental-autonomy doctrine. The principle that a parent \nhas a fundamental right to raise his or her child and \nto make all decisions regarding that child free from \ngovernmental intervention, unless (1) the child's health \nand welfare are jeopardized by the parent's decisions, or \n(2) public health, welfare, safety, and order are threat\nened by the parent's decisions . The Supreme Court \nfirst recognized the doctrine ofparental autonomy over \nthe family in Meyer v. Nebraska, 262 U.S. 390, 43 S.Ct. \n625 (1923). Also termed Jamily-autonomy doctrine. \nCf. PARENTAL-PRIVILEGE DOCTRINE. [Cases: Infants \n154.1; Parent and Child C::: 1.] \nparental consent. See CONSENT (1). \nparental-consent statute. A statute that requires a minor \nto obtain his or her parent's consent before receiving parental-liability statute \nelective medical treatment, such as an abortion. \nWithout parental consent, a physician or other medical \nprofessional commits a battery upon a child when \ngiving nonemergency medical treatment. To pass \nconstitutional muster, a parental-consent statute must \ninclude a judicial-bypass provision. Planned Parent\nhood ojSoutheastern Pa. v. Casey, 505 U.S. 833, 112 \nS. Ct. 2791 (1992). Also termed parental-consent \ntreatment statute. See JUDICIAL-BYPASS PROVISION. Cf. \nPARENTAL-NOTIFICATION STATUTE; MATURE-MINOR \nDOCTRINE. [Cases: Abortion and Birth Control (;::J \n116.J \nparental-consent treatment statute. See PARENTAL\nCONSENT STATUTE. \nparental consortium. See CONSORTIUM. \nparental-discipline privilege. A parent's right to use \nreasonable force or to impose reasonable punishment \non a child in a way that is necessary to contro!' train, \nand educate. Several factors are used to determine \nthe reasonableness ofthe action, including whether the \nactor is the parent; the child's age, sex, and physical and \nmental state; the severity and foreseeable consequences \nof the punishment; and the nature of the misconduct. \nCf. PARENTAL-PRIVII-EGE DOCTRINE. [Cases: Parent \nand Child \nparental functions. See PARENTING FUNCTIONS. \nparent-alienation syndrome. A situation in which one \nparent has manipulated a child to fear or hate the other \nparent; a condition resulting from a parent's actions \nthat are designed to poison a child's relationship with \nthe other parent. Some mental-health specialists \ndeny that this phenomenon amounts to a \"psychologi\ncal syndrome.\" -Also termed parental-alienation \nsyndrome. [Cases: Child CustodyC=>S7, 569.] \nparental immunity. See IMMUNITY (2). \nparental-immunity doctrine. See parental immunity (1) \nunder IMMUNITY (2). \nparental kidnapping. See KIDNAPPING. \nParental Kidnapping Prevention Act. A federal law, \nenacted in 1980, proViding a penalty for child-kidnap\nping by a noncustodial parent and requiring states to \nrecognize and enforce a child-custody order rendered \nbv a court ofanother state. 28 USCA  1738A; 42 USCA \n 654, 655, 663. -Abbr. PKPA. Cf. UNIFORM CHILD \nCUSTODY JURISDICTION ACT; FEDERAL KIDNAPPING \nACT. [Cases: Child Custody ~-;::723, 738.] \nparental-liability statute. (1963) A law obliging parents \nto pay damages for torts (esp. intentional ones) com\nmitted bv their minor children . All states have these \nlaws, but most limit the parents' monetary liability to \nabout $3,000 per tort. Parents can also be held crimi\nnally liable for the acts oftheir children. One group of \nlaws is aimed at contributing to the delinquency and \nendangering the welfare ofa minor. More recently, the \nlaws have been directed at improper supervision and \nfailure to supervise. The first law aimed at punishing \nparents for the acts of their children was enacted in \n\n1224 parental-notification statute \nColorado in 1903. Bv 1961 all buttwo states had enacted \nsimilar laws. At le~st five states make it a felony for \na parent to intentionally, knowingly, and recklessly \nprovide a firearm to a child, or permit the child to \nhandle a firearm, when the parent is aware ofa substan\ntial risk that the child will use the weapon to commit a \ncrime. Also termed parental-responsibility statute; \nfailure-to-supervise statute. Cf. PARENTAL-RESPO:-.fSI\nBILITY STATUTE. [Cases: Parent and Child (';:::;> 13.5.] \nparental-notification statute. A law that requires a phy\nsician to notify a minor's parent ofher intention to have \nan abortion. Cf. PARENTAL-CONSENT STATUTE. [Cases: \nAbortion and Birth Control ~117.] \nparental-preference doctrine. (1974) The principle that \ncustody ofa minor child should ordinarily be granted \nto a fit parent rather than another person. The prefer\nence can be rebutted by proofthat the child's best inter\nests are to the contrary. -Also termed parental-rights \ndoctrine; parental-superior-rights doctrine; parental\npresumption rule. Cf. BEST INTERESTS OF THE CHILD. \n[Cases: Child Custody (';:::;>42,460.] \nparental-presumption role. See PARENTAL-PREFERENCE \nDOCTRINE. \nparental-privilege doctrine. The parent's right to dis\ncipline his or her child reasonably, to use reasonable \nchild-rearing practices free of governmental interfer\nence, and to exercise decision-making authority over \nthe child. Cf. PARENTAL-AUTONOMY DOCTRINE; PAREN\nTAL-DISCIPLINE PRIVILEGE. [Cases: Parent and Child \nparental-responsibility statute. (1956) 1. A law imposing \ncriminal sanctions (such as fines) on parents whose \nminor children commit crimes as a result ofthe parents' \nfailure to exercise sufficient control over them. -Also \ntermed control-your-kid law. 2. PARE:-.fTAL-LIABILITY \nSTATUTE. [Cases: Parent and Child (';:::;> 13.5(2,4).] \nparental rights. (18c) A parent's rights to make all deci\nsions concerning his or her child, including the right \nto determine the child's care and custody, the right \nto educate and discipline the child, and the right to \ncontrol the child's earnings and property. See TERMI\nNATION OF PARENTAL RIGHTS. [Cases: Parent and Child \nparental-rights doctrine. See PARENTAL-PREFERENCE \nDOCTRINE. \nparental-superior-rights doctrine. See PAREKTAL-PREF\nERENCE DOCTRINE. \nparent application. See PATENT APPLICATION. \nparent by estoppel. See PARENT. \nparent-child immunity. Seeparental immunity (1) under \nIMMUNITY (2). \nparent-child relationship. See RELATIONSHIP. \nparent committee. See COMMITTEE. \nparent company. See parent corporation under CORPO\nRATION. \nparent corporation. See CORPORATION. parentela (par-an-tee-la), n. pl. [Law Latin] (15c) Persons \nwho can trace descent from a common ancestor. \nparentelic method (par-an-tee-lik or -tel-ik). (1935) A \nscheme ofcomputation used to determine the paternal \nor maternal collaterals entitled to inherit when a child\nless intestate decedent is not survived by parents or \ntheir issue. Under this method, the estate passes to \ngrandparents and their issue; ifthere are none, to great\ngrandparents and their issue; and so on down each line \nuntil an heir is found. The Uniform Probate Code uses \na limited parentelic system"}
{"text": "; and so on down each line \nuntil an heir is found. The Uniform Probate Code uses \na limited parentelic system: it looks first to the grand\nparents and their issue, but if no heir is found in that \nline, the search ends and the estate escheats to the state. \nSee DEGREE (5). Cf. GRADUAL METHOD. \nparent filing date. See effective filing date under DATE. \nparenticide (pa-ren-t<l-sId). (17c) 1. The act ofmurder\ning one's parent. 2. A person who murders his or her \nparent. parenticidal, adj. \nparenting, n. 1. Performance ofthe functions ofa parent. \n2. One or more methods ofchild-rearing. \nparallel parenting. A situation in which divorced \nparents, although disagreeing on some aspects of \nchild-rearing, allow each other to handle diScipline \nand daily regimens in their own individual ways \nwhen with the child. \nshared parenting. Cooperation between divorced \nparents in child-rearing. [Cases: Child Custody \n120-155.] \nparenting agreement. See PARENTING PLAN. \nparenting function. A task that serves the direct or day\nto-day needs ofa child or ofa child's family . Parent\ning functions include providing necessaries, making \ndecisions about the child's welfare, and maintaining the \nfamily residence. Cf. CARETAKING FUNCTIONS. \nparenting plan. A plan that allocates custodial respon\nsibility and decision-making authority for what serves \nthe child's best interests and that provides a mechanism \nfor resolving any later disputes between parents. -Also \ntermed parenting agreement. See CUSTODY (2); CUSTO\nDIAL RESPONSIBILITY; DECISIO:-.f-MAKING RESPONSIBIL\nITY. [Cases: Child Custody (';:::;>209.] \nparenting time. See VISITATION. \nparent-subsidiaryfreezeout. See FREEZEOUT. \npares curiae (par-eez kyoor-ee-ee). [Law Latin \"peers of \nthe court\"] Hist. A lord's tenants who sat in judgment \nofa fellow tenant. \npares curtis (par-eez k::Jr-tis). [Law Latin] Hist. The peers \nofthe court. -Also termed pares curiae. \n'The lord was, in early times, the legislator and judge over \nall his feudatories: and therefore the vassals of the inferior \nlords were bound by their fealty to attend their domestic \ncourts baron, (which were instituted in every manor or \nbarony. for doing speedy and effectual justice to all the \ntenants) in order as well to answer such complaints as \nmight be alleged against themselves, as to form ajury or \nhomage for the trial of their fellow-tenants; and upon this \naccount, in all the feodal institutions both here and on \nthe continent, they are distinguished by the appellation \n\n1225 \nof the peers of the court; pares curtis, or pares curiae.\" 2 \nWilliam Blackstone, Commentaries on the Laws ofEng/and \n54 (1766). \npares regni (par-eez reg-nIl. [Law Latin] Hist. Peers of \nthe realm. \nPareto optimality (pd-ray-toh or pa-ret-oh), n. An \neconomic situation in which no person can be made \nbetter off without making someone else worse off . \nThe term derives from the work of Vilfredo Pareto \n(l848-1923), an Italian economist and sociologist. \nPareto-optimal, adj. \nPareto superiority, n. An economic situation in which \nan exchange can be made that benefits someone and \ninjures no one . When such an exchange can no longer \nbe made, the situation becomes one ofPareto optimal\nity. Pareto-superior, adj. \npari causa, in. See IN PARI CAUSA. \npari delicto, in. See IN PARI DELICTO. \nparies communis (pair-ee-eez ka-myoo-nis). [Latin] A \ncommon wall; a party wall. \nparies oneri ferenda, uti nunc est, ita sit (pair-ee-eez \non-dr-I fa-ren-doh, yoo-tl n<lngk est, I-td sit). [Latini \nRoman law. The wall for bearing the burden, as it now \nis, so let it be . The phrase constituted the urban ser\nvitude oneris ferendi. See ONERIS FERENDI; JUS ONERIS \nFERENDI; servitus oneris ferendi under SERVITUS. \npari materia, in. See IN PARI MATERIA. \nparimutuel betting (par-i-myoo-choo-al). A system of \ngambling in which bets placed on a race are pooled and \nthen paid (less a management fee and taxes) to those \nholding winning tickets. [Cases: Gaming C=6.] \npari passu (pahr-ee pahs-oo or pair-I, pair-ee, or par-ee \npas-[yJoo). [Latin by equal step\"] Proportionally; at an \nequal pace; without preference <creditors of a bankrupt \nestate will receive distributions pari passu>. \npari ratione (pair-I ray-shee-oh-nee or rash-ee-oh-nee). \n[Latin] Roman & civil law. For the like reason; by like \nmode of reasoning. \nParis Additional Act. Copyright. An 1896 amendment to \nthe Berne Convention extending copyright protection \nto photographs as derivative works. \nParis Convention. See PARIS CONVENTION FOR THE PRO\nTECTION OF INDUSTRIAL PROPERTY. \nParis Convention for the Protection of Industrial \nProperty. A treaty designed to unify and streamline \npatent prosecutions and trademark applications among \nthe signatories. The Convention eased the harsh \neffects of the first-to-file priority rule by allowing an \napplicant in any member country one year in which to \napply in other member countries while maintaining \nthe application's original priority date. It also banned \npatent-protection discrimination against residents \nof other member nations. Now administered bv the \nWorld Intellectual Property Organization, an agency \nofthe United Nations, the Convention was first signed \nin 1883, revised most recently in 1967, and amended parliament \nin 1970. -Also termed Paris Industrial Property Con\nvention. -Often shortened to Paris Convention. \n\"The 1883 Paris Convention for the Protection of Indus\ntrial Property is the cornerstone of the international patent \ngranting system_ It represents the first efforts of several \ncountries to adopt a common approach to industrial \nproperty. The fundamental principles of 'right of priority' \nand 'national treatment' set out by the Convention have \nbeen of capital importance to the internationalization of \nintellectual property rights over the last century.\" Marta \nPertegas Sender, Cross-Border Enforcement of Patent Rights \n4 (2002). \nparish. (14c) 1. In Louisiana, a governmental subdivi\nsion analogous to a county in other U.S. states. [Cases: \nCounties C=1.] 2. Eccles. law. A division ofa town or \ndistrict, subject to the ministry of one pastor. \ndistrict parish. Eccles. law. A geographical division of \nan English parish made by the Crown's commission\ners for the building of new churches for worship, cel\nebration ofmarriages, christenings, and burials. \nparish court. See county court under COURT. \nParis Industrial Property Convention. See PARIS \nCONVENTIO:-.l FOR THE PROTECTION OF INDUSTRIAL \nPROPERTY. \npar item. See ITEM. \nparium judicium (pairee-;lIn joo-dish-ee-am). [Law \nLatin] The judgment of peers; trial by a jury of one's \npeers or equals. \nParker doctrine. See STATE-ACTION DOCTRINE. \nparking. (1983) 1. The sale of securities subject to an \nagreement that the seller will buy them back at a later \ntime for a similar price . Parking is illegal if done to \ncircumvent securities regulations or tax laws. It is often \na method of evading the net-capital requirements of \nthe National Association of Securities Dealers (NASD), \nwhich requires a brokerage firm to discount the value \nof any stock it holds in its own account when it files \nits monthly report about its net-capital condition. To \nreach technical compliance with the NASD's net-cap\nital requirements, a brokerage firm \"sells\" stock from \nits own account to a customer at market price, thereby \navoiding the discount for reporting purposes. Having \nfiled its report, it can then \"buy\" the shares back from \nthe customer, usu. at the same price at which it \"sold\" \nthe stock, plus interest. [Cases: Securities Regulation \nC=40.l4.] 2. The placement of assets in a safe, short\nterm investment while other investment opportuni\nties are being considered. -Also termed (in sense 1) \nstock-parking. \nparking-lot rule. The principle that workers'-com\npensation insurance covers the injuries suffered by \nan employee on the employer's premises when the \nemployee is arriving at or leaving work. Also termed \npremises rule. [Cases: Workers' Compensation \n750.J \nparliament. (l2c) The supreme legislative body of some \nnations; esp. (cap.), in the United Kingdom, the national \nlegislature consisting of the monarch, the House of \nLords, and the House of Commons. \n\n1226 parliamentarian \nparliamentarian. (17c) Parliamentary law. A consultant \ntrained in parliamentary law who advises the chair and \nothers on matters ofparliamentary law and procedure. \n The parliamentarian, who is often a professional, only \nadvises and never \"rules\" on procedural issues. Seepar\nliamentary law under PARLIAMENTARY (2); parliamen\ntary procedure under PARLIAMENTARY (2). \n''The parliamentarian is a consultant, commonly a pro\nfessional, who advises the president and other officers, \ncommittees, and members on matters of parliamentary \nprocedure. The parliamentarian's role during a meeting is \npurely an advisory and consultative one -since parliamen\ntary law gives to the chair alone the power to rule on ques\ntions of order or to answer parliamentary inquiries.... \nAfter the parliamentarian has expressed an opinion on a \npoint, the chair has the duty to make the final ruling and, \nin doing so, has the right to follow the advice of the par\nliamentarian or to disregard it.\" Henry M. Robert, Robert's \nRules of Order Newly Revised  47, at 449-50 (10th ed. \n2002). \nparliamentary, adj. (17c) 1. Of or relating to a parlia\nment. 2. Parliamentary law. Of or relating to rules of \norder for the conduct ofbusiness in deliberative assem\nblies. \nparliamentary authority. A parliamentary manual that \nan organization has adopted for its deliberations, and \nwhose provisions govern the organization in every case \nto which they apply, as long as they are consistent with \nlaw and with the organization's governing documents. \nSee PARLIAMENTARY MANUAL. \nparliamentary diplomacy. See DIPLOMACY. \nparliamentary divorce. See legislative divorce under \nDIVORCE. \nparliamentary inquiry. See INQUIRY. \nparliamentary intent. See LEGISLATIVE INTENT. \nparliamentary law. The body of rules and precedents \ngoverning the proceedings of legislative bodies and \nother deliberative assemblies. -Also termed parlia\nmentary procedure. [Cases: Parliamentary Law C=1.] \n\"Thomas Jefferson speaks of 'the Parliamentary branch \nof the law.' From this country's beginning, it has been an \nunderlying assumption of our culture that what has been \nauthoritatively established as parliamentary law is law -in \nthe sense of being binding within all assemblies except as \nthey may adopt special rules varying from the general par\nliamentary law.\" Henry M. Robert, Robert's Rules ofOrder \nNewly Revised xxvi (10th ed. 2000). \n\"Parliamentary law differs somewhat from the other \nbranches of common law in that it is based in an impor\ntant measure upon precedents of legislative and admin\nistrative bodies. Particularly in America, however, where \nthe courts have the power to make final decisions on all \nconstitutional questions, the law has been evolving upon \nthe basis of court deCisions, and a considerable volume \nof judicial precedents has accumulated. The application \nof parliamentary rules to new situations is subject to the \nsame rules of reasoning as the application of established \ncommon law rules to new legal situations.\" National Confer\nence of State Legislatures, Mason's Manual of Legislative \nProcedure  44, at 40-41 (2000). \ncommon parliamentary law. 1. See general parliamen\ntary law. 2. The common law as applied to parliamen\ntary law; parliamentary law as it is found in judicial \ndecisions. general parliamentary law. The basic principles and \npractices ofparliamentary law, as commonly under\nstood among a meeting's members based on their \nexperience in other deliberative assemblies, that \napply in the absence of adopted rules of order. A \nparliamentary manual is evidence ofthe general par\nliamentary law. -Also termed common parliamen\ntary law. \n\"A deliberative assembly that has not adopted any rules is \ncommonly understood to hold itself bound by the rules and \ncustoms of the general parliamentary law -or common \nparliamentary law . .. -to the extent that there is agree\nment in the meeting body as to what these rules and prac\ntices are.\" Henry M. Robert, Robert's Rules ofOrder Newly \nRevised  1, at 3 (10th ed. 2000). \nparliamentary manual. A code or reference, usu. a com\nmercially published book, that contains parliamentary \nrules and is offered for adoption by organizations as \ntheir parliamentary authority . The leading parliamen\ntary manuals in print in the United States are Robert's \nRules ofOrder Newly Revised for nonlegislative bodies, \nand Mason's Manual ofLegislative Procedure for state \nlegislatures. Cf. PARLIAMENTARY AUTHORITY. \nparliamentary motion. See MOTION (2). \nparliamentary practice. See PARLIAMENTARY PROCE\nDURE. \nparliamentary privilege. See PRIVILEGE (1). \nparliamentary procedure. 1. PARLIAMENTARY LAW. 2. \nParliamentary law as applied in a particular organiza\ntion, including the parliamentary authority and other \nrules that the organization adopts. -Also termed par\nliamentary practice. \nparliamentary will. See WILL"}
{"text": "authority and other \nrules that the organization adopts. -Also termed par\nliamentary practice. \nparliamentary will. See WILL. \nParliament House. Scots law. The building in Edinburgh \nthat is the site ofthe Court ofSession, the High Court \nofJusticiary, the attendant offices ofboth courts, and \nthe library ofthe Faculty ofAdvocates. \nparliamentum insanum. See MAD PARLIAMENT. \nparody. (l6c) Intellectual property. A transformative \nuse of a well-known work for purposes of satirizing, \nridiculing, critiquing, or commenting on the original \nwork, as opposed to merely alluding to the original to \ndraw attention to the later work . In constitutional \nlaw, a parody is protected as free speech. In copyright \nlaw, a work must meet the definition of a parody and \nbe a fair use ofthe copyrighted material, or else it may \nconstitute infringement. See FAIR USE. [Cases: Copy\nrights and Intellectual Property C=S3.2.] \n''Trademark parodies, even when offensive, do convey a \nmessage. The message may be simply that business and \nproduct images need not always be taken too seriously; \na trademark parody reminds us that we are free to laugh \nat the images and associations linked with the mark.\" L.L. \nBean, Inc. v. Drake Publishers, Inc., 811 F.2d 26, 34 (1 st Cir. \n1987) (per Bownes, j.). \n\"We do not, of course, suggest that a parody may not harm \nthe market at all, but when a parody, like a scathing theater \nreview, kills demand for the original, it does not produce a \nharm cognizable under the Copyright Act. Because 'parody \nmay quite legitimately aim at garroting the original, \ndestroying it commercially as well as artistically,' the role \n\n1227 \nof the courts is to distinguish between 'biting criticism [that \nmerely] suppresses demand [and] copyright infringementL \nwhich] usurps it.''' Campbell v. Acuff-Rose Music, Inc. 510 \nU.S. 569, 591, 1145.0.1164,1178 (1994)(Souter,J.) (cita \ntions omitted). \npar of exchange. The recognized standard value of \none country's currency expressed in terms of that of \nanother. \nparol (p<l-rohl or parOdI), adj. (l6c) 1. Oral; unwritten \n<parol evidence>. [Cases: Evidence P397.J 2. Not \nunder seal <parol contract>. [Cases: Contracts \n239.J \nparol (pa-rohl or par-al), n. (lSc) 1. An oral statement or \ndeclaration. 2. Hist. 1he oral pleadings in a case. \n\"Anciently pleadings were conducted in court orally, and \nthe whole pleadings were called the parol: but for centuries \nthe pleadings in civil actions have been required to be in \nwriting.\" Edwin E. Bryant, The Law of Pleading Under the \nCodes of Civil Procedure 178-79 (2d ed. 1899). \nparol agreement. See parol contract (1) under \nCONTRACT. \nparol arrest. See ARREST. \nparol contract. See CONTRACT. \nparol demurrer. See DEMURRER. \nparole (pa-rohl), n. (l7c) The conditional release of a \nprisoner from imprisonment before the full sentence \nhas been served . Although not available under some \nsentences, parole is usu. granted for good behavior on \nthe condition that the parolee regularly report to a \nsupervising officer for a specified period. Cf. PARDON; \nPROBATION (1). [Cases: Pardon and Parole (;:::=>41.J \nparole, vb. \n\"The essence of parole is release from prison, before \ncompletion of the sentence, on condition that the prisoner \nabide by certain rules during the balance of the sentence. \nParole is not freedom.\" 59 Am. Jur. 2d Pardon and Parole \n 6 (1987). \nbench parole. See bench probation under PROBATION. \njuvenile parole. The conditional release of a juvenile \noffender from confinement. -Also termed aftercare. \n[Cases: Infants C\"':;)281.] \nparole board. (l898) A governmental body that decides \nwhether prisoners may be released from prison before \ncompleting their sentences. -Also termed board of \nparole; parole commission. [Cases: Pardon and Parole \nP55.] \nparolee Cpa-roh-Iee). (1903) A prisoner who is released \non parole. \nparole revocation. (1930) The administrative or judicial \nact of returning a parolee to prison because of the \nparolee's failure to abide by the conditions of parole \n(as by committing a new offense). [Cases: Pardon and \nParole C\"':;)69.] \nparol evidence. See EVIDENCE. \nparol-evidence rnle. (1893) Contracts. The common\nlaw principle that a writing intended by the parties to \nbe a final embodiment of their agreement cannot be \nmodified by evidence of earlier or contemporaneous pars ejusdem negotii \nagreements that might add to, vary, or contradict the \nwriting . 'Ibis rule usu. operates to prevent a party \nfrom introducing extrinsic evidence of negotiations \nthat occurred before or while the agreement was being \nreduced to its final written form. See INTEGRATION (2); \nMERGER (2). Cf. FOUR-CORNERS RULE. [Cases: Evidence \nC\"':;)397.j \n\"The basic principle is often called the 'parol evidence rule', \nand according to this rule evidence is not admissible to \ncontradict or qualify a complete written contract. The rule \nis usually stated in the form of a rule of evidence, but it is \nprobably best regarded as a rule of substantive law. The \nquestion is not really whether evidence can be admitted \nwhich might vary the written document, but whether, if the \nevidence is admitted, itwill have the legal effect of varying \nthe document.\" P.S. Atiyah, An Introduction to the Law of \nContract 161-62 (3d ed. 1981). \n'The parol evidence rule assumes that the formal writing \nreflects the parties' minds at a point of maximum resolu\ntion and, hence, that duties and restrictions that do not \nappear in the written document, even though apparently \naccepted at an earlier stage, were not intended by the \nparties to survive. In addition, and quite apart from the \nsurVival of matters discarded in the course of negotiations, \nthere is the obvious danger of outright fraud.\" Marvin A. \nChirelstein, Concepts and Case Analysis in the Law ofCon\ntracts 82-83 (1990). \nparol lease. See LEASE. \nparols de ley (pa-rohlz dd lay). [Law French] Words of \nlaw; technical words. \nparol trust. See oral trust (1) under TRUST. \nParratt-Hudson doctrine. (1986) The principle that \na state actor's random, unauthorized deprivation of \nsomeone's property does not amount to a due-process \nviolation if the state provides an adequate postdepri\nvat ion remedy. Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. \n1908 (1984); Hudson v. Palmer, 468 U.S. 517, 104 S.Ct. \n3194 (1984). [Cases: Constitutional LawC=>3912.] \nparricide (par-<l-sId), n. (I6c) 1. The act ofkilling a close \nrelative, esp. a parent. 2. One who kills such a relative. \nCf. PATRICIDE. parricidal, adj. \nparricidium (par-a-sid-ee-<)m), n. [Latin] Roman law. \n1. The murder of a near relative, esp. a parent. 2. \nPerhaps in ancient law, the murder of any free citizen. \n This ancient, broad sense ofparricidium gave way \nin pre-]mperiallaw to homicidium (homicide), which \nextended to the killing of a slave. \npars (pahrz). [Latin] Hist. A party to an action. \npars contractus (pahrz kan-trak-tas). [Law Latin] Hist. \nPart ofthe contract. \n\"Verbal consensual contracts are binding upon the con\ntracting parties immediately upon their consents being \ninterchanged, and neither of them can afterwards resile \nfrom the transaction .... But if it be agreed that their \ncontract shall be reduced to writing, such agreement being \npars contractus, the contract is not finally entered into, \nnor does it become binding, until the writing has been \nexecuted.\" John Trayner, Trayner's Latin Maxims 436 (4th \ned. 1894). \npars ejusdem negotii (pahrz ee-jas-d<lm ni-goh-shee\nI). [Latin] Hist. Part of the same transaction . The \nphrase refers, for example, to an obligation attached to \n\n1228 pars enitia \na condition, both ofwhich must be considered together \nto constitute one transaction. \npars enitia (pahrz i-ni-shee-a). [Law Latin \"oldest's \npart\"] Hist. An oldest child's portion oflands divided \nby lot. \npars fundi (pahrz fan-dI). [Latin] Hist. Part of the \nground. \npars judicis (pahrz joo-di-sis). [Latin] Hist. The part \nof the judge. The phrase par judicis referred to the \njudge's obligation to perform the duties ofthe office. \nparson. See RECTOR (1). \npars rationabilis (pahrz rah-shee-ohn-ay-bil-is) See \nYORK, CUSTOM OF. \npars rea (pahrz ree-a). A party defendant. \npars viscerum matris (pahrz vis-ar-am may-tris). [Latin] \nHist. Scots law. Part ofthe mother's body . The phrase \nappeared in reference to a fetus. \npart and pertinent. Scots law. See APPURTENANT. \nparte inaudita (pahr-tee in-aw-dy-ta or in-aw-di-ta). \n[Latin \"one side being unheard\"] Of or relating to \naction taken ex parte. \nparte non comparente (pahr-tee non kom-pa-ren-tee). \nHist. The party not having appeared . In civil cases, \na party's failure to appear usu. resulted in a default \njudgment against the defendant. But in criminal cases, \nthe accused's failure to appear raised no presumption \nof guilt; still, the offender was cited for contempt and \nmade an outlaw. See OUTLAW. \npartes beneficii (pahr-teez ben-a-fish-ee-I). [Law Latin] \nHist. Parts of a benefice. \npartes finis nihil habuerunt (pahr-teez fI-nis m-hil hab\nyoo-eer-ant). [Law Latin \"the parties to the fine had \nnothing\"] Hist. A plea to set aside a conveyance ofland \non grounds that the transferor did not have a sufficient \nownership interest in the property to alienate it. \n\"Yet where a stranger . .. officiously interferes in an estate \nwhich in nowise belongs to him, his fine is of no effect; and \nmay at any time be set aside ... by pleading that 'partes \nfinis nihil habuerunt.'\" 2 William Blackstone, Commentaries \non the Laws ofEngland 356-57 (1765). \npartes soli (pahr-teez soh-h). [Latin] Hist. Parts of the \nsoil. \npartial account. See ACCOUNT. \npartial assignment. See ASSIGNMENT (2). \npartial average. See particular average under \nAVERAGE. \npartial-birth abortion. See ABORTION. \npartial breach. See BREACH OF CONTRACT. \npartial defense. See DEFENSE (1). \npartial dependent. See DEPENDENT. \npartial disability. See DISABILITY (2). \npartial emancipation. See EMANCIPATION. \npartial eviction. See EVICTION. \npartial evidence. See EVIDENCE. partial failure of consideration. See FAILURE OF CON\nSIDERATION. \npartial guardian. See GUARDIAN. \npartial insanity. See diminished capacity under CAPA\nCITY (3). \npartial integration. See INTEGRATION (2). \npartial interdiction. See INTERDICTION (3). \npartial intestate. See INTESTATE. \npartial law. See LAW. \npartial limitation. Insurance. A policy provision in \nwhich the insurer agrees to pay a total loss ifthe actual \nloss exceeds a specified amount. \npartial liquidation. See LIQUIDATION. \npartial loss. See LOSS. \npartially disclosed principal. See PRINCIPAL (1). \npartially integrated contract. See INTEGRATED \nCONTRACT. \npartial pardon. See PARDON. \npartial release. See RELEASE. \npartial-release clause. See CLAUSE. \npartial responsibility. See diminished capacity under \nCAPACITY (3). \npartial summary judgment. See SUMMARY JUDGMENT. \npartial truce. See special truce under TRUCE. \npartial verdict. See VERDICT. \npartial zoning. See ZONING. \npartiarius (pahr-shee-air-ee-as), n. & adj. [Latin] Roman \nlaw. 1. A legatee entitled to a portion ofan inheritance \nalong with the appointed heirs. 2. A tenant who is \nbound to hand over a portion of the crop in lieu of \nrent. \nparticeps (pahr-ta-seps), n. [Latin] 1. A participant. 2. \nA part owner. \nparticeps criminis (pahr-ta-seps krim-a-nis), n. [Latin \n\"partner in crime\"] (17c) 1. An accomplice or acces\nsory. See ACCESSORY. PI. participes criminis (pahr-tis\na-peez). [Cases: Criminal Law ~59,68, 74.] \n''The courts ofjustice will allow the objection that the con\nsideration ofthe contract was immoral or illegal to be made \neven by the gUilty party to the contract, for the allowance \nis not for the sake of the party who raises the objection, \nbut is grounded on general principles of policy. A parti\nceps criminis has been held to be entitled, in equity, on his \n"}
{"text": "is grounded on general principles of policy. A parti\nceps criminis has been held to be entitled, in equity, on his \nown application to relief against his own contract, when \nthe contract was illegal, or against the policy of the law, \nand relief became necessary to prevent injury to others.\" 2 \nJames Kent, Commentaries on American Law *467 (George \nComstock ed., 11th ed. 1866). \n\"Even in felonies but little practical importance now \nattaches to the distinctions between the first three of \nthese four classes of 'accomplices' ~a term which the law \napplies to all the participes criminis, whatever their degree \nof 'complicity' in the offence, though popular use gener\nally limits it to those who take only a minor part. For the \nmaximum punishment prescribed for any given crime is \nthe same in the case of all three classes.\" J.w. Cecil Turner, \nKenny's Outlines ofCriminal Law 90 (16th ed. 1952). \n\n1229 \n2. The doctrine that one participant in an unlawful \nactivity cannot recover in a civil action against another \nparticipant in the activity. This is a civil doctrine \nonly, having nothing to do with criminal responsibil\nity. Cf I~ PARI DELICTO DOCTRINE. [Cases: Contracts \n(;::;13S.] \nparticeps fraudis (pahr-td-seps fraw-dis). [Latin \"an \naccomplice in the fraud\"] Roman law. One who par\nticipates in a fraud, esp. by helping to deceive a debtor's \ncreditors. -Also termed conscius fraudis. \nparticipating bond. See BOND (3). \nparticipating insurance. See INSURANCE. \nparticipating policy. See INSURANCE POLICY. \nparticipating preferred stock. See STOCK. \nparticipation, n. (l4c) 1. The act oftaking part in some\nthing, such as a partnership, a crime, or a trial. 2. lhe \nright of an employee to receive part of a business's \nprofits; profit-sharing. [Cases: Labor and Employment \n(;::; 17S.] See JOINT PARTICIPATION. -participate, \nvb. \nparticipation loan. See LOAN. \nparticipation mortgage. See MORTGAGE. \nparticipation stock. See STOCK. \nparticular average. See AVERAGE. \nparticular average loss. See LOSS. \nparticular custom. See local custom under CUSTOM. \nparticular damages. See special damages under \nDAMAGES. \nparticular estate. See ESTATE (1). \nparticular jurisprudence. See JURISPRUDENCE. \nparticular legacy. See LEGACY. \nparticular lien. See LIEN. \nparticular malice. See MALICE. \nparticular non est factum. See special non est factum \nunder NON EST FACTUM. \nparticular partnership. See PARTNERSHIP. \nparticular power. See special power under POWER (3). \nparticular recital. See RECITAL. \nparticulars, bill of. See BILL OF PARTICULARS. \nparticulars ofsale. (l8c) A document that describes the \nvarious features of a thing (such as a house) that is for \nsale. \nparticular successor. See SUCCESSOR. \nparticular tenant. See TE~ANT. \nparticular title. See TITLE (2). \npartitio (pahr-tish-ee-oh), n. (Latin] Roman law. \nDivision; partition. \npartitio legata (pahr-tish-ee-oh la-gay-td). [Latin] A \ndirective from a testator to an heir to divide the inher\nitance and deliver a designated portion to a named \nlegatee; a testamentary partition. partner \npartition, n. (15c) 1. Something that separates one part \nof a space from another. 2. The act of dividing; esp., the \ndivision of real property held jointly or in common by \ntwo or more persons into individually owned inter\nests. -Also termed partition in kind. [Cases: Common \nLands Partition (;::; 1-10.] \ndefinitive partition. A partition that is irrevocable. \npartition ofsuccession. Louisiana law. The division of \nan estate among an intestate's heirs. See La. Civ. Code \nart. 1293. [Cases: Descent and Distribution 109.] \nprovisional partition. A temporary partition, often \nmade before the remainder of the property can be \ndivided. \n3. Oil & gas. The division of an undivided mineral \ninterest by voluntary agreement or judicial action. \n[Cases: Partition (;::;4, 12(1).] -partition, vb. \npartible, adj. \npartition in kind. See PARTITION (2). \npartner. (13c) l. One who shares or takes part with \nanother, esp. in a venture with shared benefits and \nshared risks; an associate or colleague <partners in \ncrime>. 2. One of two or more persons who jointly \nown and carryon a business for profit <the firm and \nits partners were sued for malpractice>. See PARTNER\nSHIP. [Cases: Partnership 0=::; 1.1 3. One oftwo persons \nwho are married or who live together; a spouse or com\npanion <my partner in life>. [Cases: Husband and Wife \n(;::; 1; Marriage \ndormant partner. See silent partner. \ngeneral partner. (1804) A partner who ordinarily takes \npart in the daily operations of the business, shares in \nthe profits and losses, and is personally responsible \nfor the partnership's debts and other liabilities. \nAlso termed full partner. [Cases: Partnership \n353,366.] \njunior partner. (lSc) A partner whose participation \nis limited with respect to both profits and manage\nment. \nlimited partner. (lS22) A partner who receives profits \nfrom the business but does not take part in managing \nthe business and is not liable for any amount greater \nthan his or her original investment. -Also termed \nspecial partner; (in civil law) partner in commendam. \nSee limited partnership under PARTNERSHIP. [Cases: \nPartnership (;::;353,366,371.] \nliquidating partner. (1825) The partner appointed \nto settle the accounts, collect the assets, adjust the \nclaims, and pay the debts of a dissolving or insolvent \nfirm. [Cases: Partnership (;::;2S0.] \nname partner. (1945) A partner whose name appears \nin the name ofthe partnership <Mr. Tibbs is a name \npartner in the accounting firm ofGibbs & Tibbs>. \nAlso termed named partner; title member. \nnominal partner. (18c) A person who is held out as a \npartner in a firm or business but who has no actual \ninterest in the partnership. Also termed ostensible \npartner; partner EJyestoppel. \n\npartnership 1230 \nostensible partner. See nominal partner. \npartner by estoppel. See nominal partner. \npartner in commendam (in b-men-ddm). See limited \npartner. \nquasi-partner. (1809) A person who joins others in an \nenterprise that appears to be, but is not, a partnership. \n A joint venturer, for example, is a quasi-partner. \nsecret partner. (18c) A partner whose connection with \nthe firm is concealed from the public. -Also termed \nsleeping partner. \nsenior partner. (18c) A high-ranking partner, as in a \nlaw firm. \nsilent partner. (18c) A partner who shares in the profits \nbut who has no active voice in management of the \nfirm and whose existence is often not publicly dis\nclosed. Also termed dormant partner. [Cases: Part\nnership \n\"It is worth emphasizing that control does not necessar\nily mean active involvement. One of the most interesting \nfigures in partnership law. in fact, is the 'silent' partner\ntypically a person who has invested in a business in return \nfor a profit share, and who reserves the right to, and to \nsome extent may in fact, participate in routine manage\nment decisions, may participate in no decisions at all, \nand may even be unaware of what is happening in the \nbusiness for long periods of time. The fact ofthe person's \nfinancial interest in the partnership may be a secret from \neveryone except the other partners (indeed, such secrecy \nmay be vital). Such a person is nonetheless a partner like \nany other for purposes, among other things, of personal \nliability for the debts of the partnership. The law simply \ndoes not distinguish between active and passive partners.\" , \nWilliam A. Klein &John C. CoffeeJr., Business Organization \nand Finance 64 (2002). \nsleeping partner. See secret partner. \nspecial partner. See limited partner. \nsurviving partner. (17c) The partner who, upon the \npartnership's dissolution because of another part\nner's death, serves as a trustee to administer the firm's \nremaining affairs. [Cases: Partnership C:=>280.] \npartnership. (16c) A voluntary association of two or \nmore persons who jointly own and carryon a business \nfor profit . Under the Uniform Partnership Act, a \npartnership is presumed to exist if the persons agree \nto share proportionally the business's profits or losses. \nCf. JOINT VENTURE; STRATEGIC ALLIANCE. [Cases: \nPartnership \ncollapsible partnership. (1962) Tax. A partnership \nformed by partners who intend to dissolve it before \nthey realize any income . Any partner's gain result\ning from unrealized receivables or inventory that \nhas increased substantially in value will be treated \nby the IRS as ordinary income rather than as capital \ngain. IRC (26 USCA)  751. Cf. collapsible corpora\ntion under CORPORATION. [Cases: Internal Revenue \nC:=>3931,3935.] \ncommercial partnership. See trading partnership. \nfamily partnership. (1902) A business partnership \nin which the partners are related. IRC (26 USCA) \n 704(e). In this phrase, the term family includes a person's spouse, ancestors, lineal descendants, \nsiblings, and any trusts established primarily for the \nbenefit of those persons. See FAMILY-PARTNERSHIP \nRULES. \ngeneral partnership. (18c) A partnership in which all \npartners participate fully in running the business \nand share equally in profits and losses (though the \npartners' monetary contributions may vary). [Cases: \nPartnership <8=>79,86, 87.J \nimplied partnership. See partnership by estoppel. \nlimited-liability partnership. (1910) A partnership in \nwhich a partner is not liable for a negligent act com\nmitted by another partner or by an employee not \nunder the partner's supervision . All states have \nenacted statutes that allow a business (typically a law \nfirm or accounting firm) to register as this type of \npartnership. Abbr. L.L.P. [Cases: Partnership C:=> \n371.J \nlimited partnership. (l8c) A partnership composed \nof one or more persons who control the business \nand are personally liable for the partnership's debts \n(called general partners), and one or more persons \nwho contribute capital and share profits but who \ncannot manage the business and are liable only for \nthe amount of their contribution (called limited \npartners) .  The chief purpose ofa limited partner\nship is to enable persons to invest their money in a \nbusiness without taking an active part in managing \nthe business, and without risking more than the sum \noriginally contributed, while securing the coopera\ntion ofothers who have ability and integrity but insuf\nficient money. Abbr. L.P. Also termed special \npartnership; (in civil law) partnership in commendam. \n[Cases: Partnership (,':J349-376.] \n\"Unknown at common law, the limited partnership was \nderived from the commenda or societe en commandite of \ncontinental Europe to permit a person to invest and share \nin the profits of a partnership business and yet limit one's \nliability to one's investment. It was first recognized in the \nUnited States by a New York statute of 1822. It is now rec\nognized by statute in all Americanjurisdictions.\" Henry G. \nHenn & John R. Alexander, Laws of Corporations  28, at \n86 (3d ed. 1983). \n\"[Tjhe two primary characteristics of a limited partnership \n[arejliability of limited partners only for their agreed con\ntributions, and a hierarchical structure with management \nin one or more general partners and very little power or \nauthority in the limited partners. Thus, limited partners are \ntypically -although not necessarily passive contribu \ntors of capital. ... In this respect they resemble sharehold\ners in a corporation, but, depending on the details of the \norganizational documents, they may have greater or lesser \nrights.\" 3 Alan R. Bromberg & Larry E. Ribstein, Bromberg \nand Ribstein on Partnerships  12.01, at 12:5-12:6 (1999). \nmaster limited partnership. See publicly traded part\nnership. \nnontrading partnership. A partnership that does not \nbuy and sell but instead is a partnership of employ\nment or occupation. -Also termed noncommercial \npartnership .  This type ofpartnership offers services \nrather than goods. \n\n1231 party \nparticular partnership. A partnership in which the \nmembers unite to share the benefits ofa single trans\naction or enterprise. \npartnership at will. (1849) A partnership that any \npartner may dissolve at any time without thereby \nincurring liability. Cf. partnership for a term. [Cases: \nPartnership (;::::::;C259.5.] \npartnership by estoppel. (1872) A partnership implied \nby law when one or more persons represent them\nselves as partners to a third party who relies on that \nrepresentation . A person who is deemed a partner \nby estoppel becomes liable for any credit extended to \nthe partnership by the third party. -Also termed \nimplied partnership. [Cases: Partnership \npartnership for a term. A partnership that exists for a \nspecified duration or until a specified event occurs. \n Such a partnership can be prematurely dissolved \nby any partner, but that partner may be held liable \nfor breach ofthe partnership agreement. Cf. partner\nship at will. \npartnership in commendam. See limited partnership. \npublicly traded partnership. A partnership whose \ninterests are traded either over-the-"}
{"text": "am. See limited partnership. \npublicly traded partnership. A partnership whose \ninterests are traded either over-the-counter or on a \nsecurities exchange . These partnerships may be \ntreated as corporations for income-tax purposes. IRC \n(26 USCA)  7704(a). -Abbr. PTP. -Also termed \nmaster limited partnership. \nspecial partnership. 1. See limited partnership. 2. A \npartnership formed only for a Single venture. \nsubpartnership. An arrangement between a firm's \npartner and a nonpartner to share the partner's profits \nand losses in the firm's business, but without forming \na legal partnership between the partner and the non\npartner. \ntiered partnership. An ownership arrangement con\nsisting of one parent partnership that is a partner in \none or more subsidiary partnerships. \ntrading partnership. A partnership whose usual \nbusiness involves buying and selling. Also termed \ncommercial partnership. \numbrella limited partnership. A limited partner\nship used by a real-estate investment trust to acquire \ninvestment properties in exchange for shares in the \npartnership. See umbrella-partnership real-estate \ninvestment trust under REAL-ESTATE INVESTMENT \nTRUST. \nuniversal partnership. A partnership formed by \npersons who agree to contribute all their individu\nally owned property and to devote all their skill, \nlabor, and services to the partnership. [Cases: Part\nnership (;::::) 22.] \npartnership agreement. (1802) A contract defining the \npartners' rights and duties toward one another not \nthe partners' relationship with third parties. -Also \ntermed articles ofpartnership. [Cases: Partnership \n22,71.] partnership association. (1812) A business organization \nthat combines the features ofa limited partnership and \na close corporation . Partnership associations are stat\nutorily authorized in only a few states. Also termed \nstatutory partnership association; limited partnership \nassociation. [Cases: Partnership <'::=>349-376.] \npartnership at will. See PARTNERSHIP. \npartnership certificate. A document that evidences the \nparticipation of the partners in a partnership . The \ncertificate is often furnished to financial institutions \nwhen the partnership borrows money. \npartnership distribution. See DISTRIBUTION. \npartnership insurance. See INSURANCE. \npartner's lien. (1870) A partner's right to have the part\nnership property applied in payment of the partner\nship's debts and to have whatever is due the firm from \nfellow partners deducted from what would otherwise \nbe payable to them for their shares. [Cases: Partner\nship (':::::'89.] \npartnership life insurance. See partnership insurance \n(1) under INSURANCE. \npart payment. See PAYMENT. \npart performance. 1. See PERFORMANCE. 2. See PART\nPERFORMANCE DOCTRINE. ! \npart-performance doctrine. (1935) The equitable prin\nciple by which a failure to comply with the statute of \nfrauds is overcome by a party's execution, in reliance \non an opposing party's oral promise, of a substantial \nportion of an oral contract's requirements. Some\ntimes shortened to part performance. See part perfor\nmance under PERFORMANCE. [Cases: Frauds, Statute \nofC=> 129.J \n\"Part performance is not an accurate deSignation of such \nacts as taking possession and making improvements \nwhen the contract does not provide for such acts. but such \nacts regularly bring the doctrine into play. The doctrine \nis contrary to the words of the Statute of Frauds, but it \nwas established by English courts of equity soon after the \nenactment of the Statute. Payment of purchase-money, \nwithout more, was once thought sufficient to justify \nspecific enforcement, but a contrary view now prevails, \nsince in such cases restitution is an adequate remedy. \nEnglish decisions treated a transfer of possession of the \nland as sufficient, if unequivocally referable to the oral \nagreement, apparently on the ground that the promise \nto transfer had been executed by a commonlaw convey\nance. Such decisions are not generally followed in the \nUnited States. Enforcement has instead been justified \non the ground that repudiation after 'part performance' \namounts to a 'virtual fraud.' A more accurate statement is \nthat courts with equitable powers are vested by tradition \nwith what in substance is a dispensing power based on \nthe promisee's reliance, a discretion to be exercised with \ncaution in the light of all the circumstances.\" Restatement \n(Second) of Contracts  129 cmt. a (1979). \npart-sovereign state. See SOVEREIGN STATE. \nparty. (l3c) l. One who takes part in a transaction <a \nparty to the contract>. [Cases: Contracts 177.] \n\"Note, that if an Indenture be made between two as Parties \nthereto in the Beginning, and in the Deed one of them \ngrants or lets a Thing to another who is not named in \nthe Beginning, he is not Party to the Deed, nor shall take \n\n1232 party-column ballot \nany Thing thereby.\" John Rastell, Les Termes de la Ley471 \n(26th ed. 1721). \n\"A person who takes part in a legal transaction or pro \nceeding is said to be a party to it. Thus, if an agreement, \nconveyance, lease, or the like, is entered into between \nA. and B., they are said to be parties to it: and the same \nexpression is often, though not very correctly, applied to \nthe persons named as the grantors or releasors in a deed \npolL\" 2 Stewart Rapalje &Robert L. Lawrence, A Dictionary \nofAmerican and English Law 930 (1883). \nparty ofthe first part. (18c) Archaic. The party named \nfirst in a contract; esp., the owner or seller. \nparty of the second part. (18c) Archaic. The party \nnamed second in a contract; esp., the buyer. \n2. One by or against whom a lawsuit is brought <a party \nto the lawsuit>. _ For purposes of res judicata, a party \nto a lawsuit is a person who has been named as a party \nand has a right to control the lawsuit either personally, \nor, ifnot fully competent, through someone appointed \nto protect the person's interests. [Cases: Federal Civil \nProcedure (;='101.] \nadverse party. (I5c) A party whose interests are \nopposed to the interests ofanother party to the action. \nCf. hostile witness under WITNESS. \naggrieved party. (17c) A party entitled to a remedy; \nesp., a party whose personal, pecuniary, or property \nrights have been adversely affected by another person's \nactions or by a court's decree or judgment. -Also \ntermed party aggrieved; person aggrieved. [Cases: \nAction (::::: 13; Appeal and Error (;::::> 151; Federal \nCivil Procedure (;=~103.2.] \ncoparty. See COPARTY. \nfictitious party. A person who is named in a writ, com\nplaint, or record as a party in a suit, but who does not \nactually exist, or a person who is named as a plain\ntiff but is unaware of the suit and did not consent to \nbe named. [Cases: Federal Civil Procedure (;::::> 101; \nParties (;::::>73.] \nformal party. See nominal party. \nindispensable party. (1821) A party who, having inter\nests that would inevitably be affected by a court's \njudgment, must be included in the case. _ Ifsuch a \nparty is not included, the case must be dismissed. Fed. \nR. Civ. P. 19(b). Cf. necessary party. [Cases: Federal \nCivil Procedure (;::::>203; Parties (;::::>, 18,29.] \ninnocent party. (16c) A party who did not consciously \nor intentionally participate in an event or transac\ntion. \ninterested party. (17c) A party who has a recognizable \nstake (and therefore standing) in a matter. -Abbr. \nIP. [Cases: Action (;::::>13; Federal Civil Procedure (;::::> \n103.2.] \njoint party. See COPARTY. \nnecessary party. (18c) A party who, being closely con\nnected to a lawsuit, should be included in the case if \nfeasible, but whose absence will not require dismissal \nof the proceedings. See compulsory joinder under JOINDER. Cf. indispensable party. (Cases: Federal Civil \nProcedure (;::::>202; Parties (;::::> 18,29.] \nnominal party. (18c) A party to an action who has no \ncontrol over it and no financial interest in its outcome; \nesp., a party who has some immaterial interest in \nthe subject matter of a lawsuit and who will not be \naffected by any judgment, but who is nonetheless \njoined in the lawsuit to avoid procedural defects. \nAn example is the disinterested stakeholder in a gar\nnishment action. -Also termed formal party. Cf. real \nparty in interest. [Cases: Federal Civil Procedure \n102; Parties (\"-'4.] \nparty aggrieved. See aggrieved party. \nparty cast. The losing party in a lawsuit. \nparty in interest. See real party in interest. \nparty opponent. (18c) An adversary in a legal proceed\ning. Sometimes written party-opponent. \nparty to be charged. (1923) A defendant in an action \nto enforce a contract falling within the statute of \nfrauds. \nprevailing party. (17c) A party in whose favor a \njudgment is rendered, regardless of the amount of \ndamages awarded <in certain cases, the court will \naward attorney's fees to the prevailing party>. Also \ntermed successful party. See Buckhannon Bd. & Care \nHorne, Inc. v. West Va. Dep't ofHealth & Human Res., \n532 U.S. 598,603, 121 S.Ct. 1835, 1839 (2001) (relying \non the seventh edition of Black's Law Dictionary \n[1999]). [Cases: Costs (;::::>32, 194.14; Federal Civil \nProcedure (;=2727,2737.1.] \nproper party. (1823) A party who may be joined in \na case for reasons of judicial economy but whose \npresence is not essential to the proceeding. See per\nmissive joinder under JOINDER. [Cases: Federal Civil \nProcedure Parties 14,25.] \nreal party in interest. (1804) A person entitled under \nthe substantive law to enforce the right sued upon \nand who generally, but not necessarily, benefits from \nthe action's final outcome. -Also termed party in \ninterest; (archaically) interessee. Cf. nominal party. \n[Cases: Federal Civil Procedure Parties (;::::> \n6(2).] \n\"[Tlhe 'real party in interest' is the party who, by the sub\nstantive law, possesses the right sought to be enforced, \nand not necessarily the person who will ultimately benefit \nfrom the recovery .... The concept of real party in interest \nshould not be confused with the concept of standing. The \nstanding question arises in the realm of public law, when \ngovernmental action is attacked on the ground that it \nviolates private rights or some constitutional principle .... \nUnfortunately, ... confusion between standing on the one \nhand and real party in interest or capacity on the other has \nbeen increasing.\" Charles Alan Wright, The Law ofFederal \nCourts  70, at 490 & n.2 (5th ed. 1994). \nsuccessful party. See prevailing party. \nthird party. See THIRD PARTY. \n3. POLITICAL PARTY. \nparty-column ballot. See BALLOT (4). \n\n1233 \nparty wall. See WALL. \nparum cavisse videtur (par-dm b-vis-ee vI-dee-tdr). \n[Latin] Hist. He seems to have taken too little care; he \nseems to have been incautious . This expression was \nused by a judge when pronouncing a death sentence. \npar value. The value of an instrument or security as \nshown on its face; esp., the arbitrary dollar amount \nassigned to a stock share by the corporate charter, or \nthe principal ofa bond at maturity. -Often shortened \nto par. Also termed face value; nominal value; stated I \nvalue. [Cases: Corporations ~~99(3).1 \n\"At one time par value had considerable importance \nbecause it was widely viewed as the amount for which \nthe shares would be issued: shares with a par value of one \nhundred dollars could be subscribed for at one hundred \ndollars per share with confidence that all other identi\ncal shares would also be issued for $100. This practice, \nhowever, long ago fell into disuse. Today, par value serves \nonly a minor function and is in no wayan indication of the \nprice at which the shares are issued, with this one excep\ntion: The one basic rule about setting the price for shares \nof common stock with a par value is that the price must be \nequal to or greater than par value.\" Robert W. Hamilton, The \nLaw ofCorporations in a Nutshell 109 (3d ed. 1991). \npar-value stock. See STOCK. \nparvis (pahr-vis). [fro Old Fr. pareis \"paradise,\" fro Late \nLatin paradsus \"garden\"] Hist. An academic exercise, \nsuch as a moot court. Also spelled pervise; parvise. \npass, vb. (14c) 1. To pronounce or render an opinion, \nruling, sentence, or judgment <the court refused to pass \non the constitutional issue, deciding the case instead \non procedural grounds>. 2. To transfer or be trans\nferred <the woman's will passes title to the house to her \nnephew, much to her husband's surprise>. 3. To enact \n(a legislative bill or resolution); to adopt <Congress has \ndebated whether to pass a balanced-budget amendment \nto the Constitution>. See ADOPTION (5). 4. To approve \nor certify (something) as meeting specified require\nments <the mechanic informed her that the car had \npassed inspection>. 5. To publish, transfer, or circu\nlate (a thing, often a forgery) <he was found guilty \nof passing counterfeit bills>. 6. To forgo or proceed \nbeyond <the case was passed on the court's trial docket \nbecause the judge was presiding over a criminal trial>. \n7. ABSTAIN (1). \npassage, n. 1. A"}
{"text": "the judge was presiding over a criminal trial>. \n7. ABSTAIN (1). \npassage, n. 1. ADOPTION (5); esp., the passing of a leg\nislative measure into law. [Cases: Statutes (;=> 17.j 2. A \nright, privilege, or permission to cross land or water; an \neasement to travel through another's property_ 3. The \nprocess of traveling, esp. in transit <safe passage>. 4. \nThe act of coming and going <right of passage>. \npass-along, adj. See PASS-THROUGH. \npassbook. A depositor's book in which a bank records \nall the transactions on an account. Also termed \nbankbook. \npassed dividend. See DIVIDEND. \npassim (pas-im), adv. [Latin] (17c) Here and there; \nthroughout (the cited work) . In modern legal writing, \nthe citation signal see generally is preferred to passim as \na general reference, although paSSim can be useful in a passport \nbrief's index of authorities to show that a given author\nity is cited throughout the brief. \npassing off, n. (1900) Intellectual property. The act or \nan instance of falsely representing one's own product \nas that of another in an attempt to deceive potential \nbuyers. Passing off is actionable in tort under the \nlaw ofunfair competition. It may also be actionable as \ntrademark infringement. Also termed palming off; \nmisrepresentation ofsource. Cf. MISAPPROPRIATION. \n[Cases: Antitrust and Trade Regulation (;-.;;>41; Trade\nmarks C='1428(1).J pass off, vb. \nreverse passing off. lhe act or an instance of falsely \nrepresenting another's product as one's own in an \nattempt to deceive potential buyers. -Also termed \nreverse palming off. [Cases: Federal Civil Procedure \n(;=;:2727,2737.1.] \npassing on. See pass-on defense under DEFENSE (1). \npassive, adj. Not involVing active participation; esp., of \nor relating to a business enterprise in which an investor \ndoes not have immediate control over the activity that \nproduces income. \npassive activity. (1962) Tax. A business activity in which \nthe taxpayer does not materially participate and there\nfore does not have immediate control over the income. \n A typical example is the ownership and rental of real \nproperty by someone not in the real-property business. \n[Cases: Internal Revenue (;=>3418.] \npassive adoption-registry statute. See ADOPTION-REG\nISTRY STATUTE. \npassive bond. See BOND (3). \npassive breach ofcontract. See BREACH OF CONTRACT. \npassive concealment. See CONCEALMENT. \npassive conduct. See CONDUCT. \npassive debt. See DEBT. \npassive duty. See negative duty under DUTY (1). \npassive euthanasia. See EUTHANASIA. \npassive income. See INCOME. \npassive investment income. See INCOME. \npassive loss. See LOSS. \npassive mercy killing. See DYATHANASIA. \npassive negligence. See NEGLIGENCE. \npassive trust. See TRUST. \npass-on defense. See DEFENSE (1). \npassport. 1. A formal document certifying a person's \nidentity and citizenship so that the person may travel \nto and from a foreign country. [Cases: Aliens, Immigra\ntion, and Citizenship (;=>674.j 2. SEA LETTER. 3. SAFE \nCONDUCT. \n\"A passport is the universally accepted evidence of a \nperson's identity and nationality. It does not give its bearer \nthe right to travel in another country, but it does request \nthat other governments permit him to travel in their ter\nritories or within their jurisdictions. It also entitles him to \nthe protection and assistance of his own diplomatic and \n\n1234 Passport Office \nconsular officers abroad.\" Burdick H. Brittin, International \nLaw for Seagoing Officers 183 (4th ed. 1981). \nPassport Office. See BUREAU OF CONSULAR AFFAIRS. \npass the witness. See TAKE THE WITNESS. \npass-through, adj. (1951) (Of a seller's or lessor's costs) \nchargeable to the buyer or lessee. Also termed pass-\nalong. \npass-through security. See SECURITY. \npass-through taxation. See TAXATION. \npast consideration. See CONSIDERATION (1). \npast recollection recorded. Evidence. A document con\ncerning events that a witness once knew about but can \nno longer remember . The document itself is evidence \nand, despite being hearsay, may be admitted and read \ninto the record ifit was prepared or adopted by the \nwitness when the events were fresh in the witness's \nmemory. Fed. R. Evid. 803(5). Also termed recorded \nrecollection; past recorded recollection. Cf. PRESENT \nRECOLLECTION REFRESHED. [Cases: Criminal Law~ \n435; Evidence ~355(6).1 \nPasula-Robinette test. The principle that if a miner \nestablishes a prima facie case of retaliation for filing a \nclaim under the Mine Safety and Health Act, the mine \noperator can still prevail by proving, as an affirmative \ndefense, that (1) the miner did not engage in a protected \nactivity, (2) the adverse action was based on the miner's \nunprotected activity, and (3) the mine operator would \nhave taken the same action based solely on the unpro\ntected activity . To establish a prima facie case ofretal\niation, the evidence must show that the miner engaged \nin a protected activity and that an adverse employment \naction occurred based at least in part on that activity. \n30 USCA  815(c); Secretary ex rei. Pasula v. Consolida\ntion Coal Co., 2 FMSHRC 2786 (1980); Secretary ex reI. \nRobinette v. United Coal Co., 3 FMSHRC 802 (1981). \npat-down, n. See FRISK. \npateat universis per praesentes (pat-ee-at yoo-n;l-var\nsis par pri-zen-teez). [Law Latin) Let it be open to all \nmen by these presents. Cf. KNOW ALL MEN BY THESE \nPRESENTS; NOVERINT UNIVERSI PER PRAESENTES. \nPate hearing. A proceeding in which the trial court seeks \nto determine whether a criminal defendant is com\npetent to stand trial. Pate v. Robinson, 383 U.S. 375, \n86 S.Ct. 836 (1966); 18 GSCA  4241. Also termed \ncompetency hearing; incompetency hearing. [Cases: \nCriminal Law C::~'625.1O-625.35.1 \npatent (pay-t;lnt), adj. (14c) Obvious; apparent <a patent \nambiguity>. Cf. LATENT. [Cases: Evidence (;:::451.] \npatent (pat-ant), n. (14c) 1. The governmental grant ofa \nright, privilege, or authority. 2. The official document \nso granting. -Also termed public grant. See LETTERS \nPATENT. \ncall patent. A land patent in which the corners have \nbeen staked but the boundary lines have not been run \nout at the time of the grant. \nescheat patent. See escheat grant under GRANT. land patent. An instrument by which the government \nconveys a grant of public land to a private person. \nPublic Lands Cr-::114(l).] \nlapse patent. A land patent substituting for an earlier \npatent to the same land that lapsed because the \nprevious patentee did not claim it. \n3. The right to exclude others from making, using, \nmarketing, selling, offering for sale, or importing an \ninvention for a speCified period (20 years from the \ndate of filing), granted by the federal government to \nthe inventor if the device or process is novel, useful, and \nnonobvious. 35 USCA  101-103. The holding of a \npatent alone does not by itself grant any right to make, \nuse, or sell anything if that activity would infringe \nanother's blocking patent. -Also termed patent right; \npatent grant. [Cases: Patents ~1.] \n'The franchise which the patent grants consists altogether \nin the right to exclude everyone from making, using or \nvending the patented article, without the permission of \nthe patentee. This is all he obtains by the patent.\" Bloomer \nv. McQuewan, 55 U.S. 539, 549 (1852). \n\"What, exactly, is a patent and how does it operate to foster \nthe 'progress of the useful arts'? In its simplest terms a \npatent is an agreement between an inventor and the \npubliC, represented by the federal government: in return \nfor a full public disclosure of the invention the inventor \nis granted the right for a fixed period of time to exclude \nothers from making, usi ng, or selling the defined invention \nin the United States. It is a limited monopoly, designed \nnot primarily to reward the inventor (this mayor may not \nfollow), but to encourage a public disclosure of inventions \nso that after the monopoly expires, the public is free to \ntake unrestricted advantage of the invention.\" Earl W. \nKintner &Jack l. Lahr, An Intellectual Property Law Primer \n7-11 (2ded.1982). \nbasicpatent. See pioneer patent. \nblocking patent. One of two patents, neither of which \ncan be effectively practiced without infringing the \nother. For example, if A patents an improvement \nof B's patented invention, A cannot practice the \nimprovement without infringing B'g patent. Nor can \nB use the improvement without infringing A's patent. \nOwners ofblocking patents often cross-license each \nother. See fencing patent; DOMINATION. \nbroadened reissue patent. Patents. A patent that is \nissued again, having broader claims than the original, \nsurrendered patent.  Under 35 USCA  251, a patent \nmay be reissued, under certain circumstances, with \nbroader claims than the original patent ifthe reissue \napplication is filed within two years of the grant of \nthe original patent. See INTERVENING RIGHTS. [Cases: \nPatents (':::> 141(3).) \nbusiness-method patent. A U.S. patent that describes \nand claims a series of process steps that, as a whole, \nconstitutes a method ofdoing business . Until 1998, \nmethods for doing business were not expressly rec\nognized as being patentable. In that year, the Federal \nCircuit Court ofAppeals held in State Street Bank & \nTrust Co. v. Signature Fin. Group, Inc., 140 F.3d 1368 \n(Fed. Cir. 1998), that business methods are subject to \nthe same legal requirements for patentability as any \n\n1235 \nother process or method. -Also termed cyberpatent. \n[Cases: Patents (;::::::'7.14.] \ncombination patent. A patent granted for an inven\ntion that unites existing components in a novel and \nnonobvious way. [Cases: Patents (;::::::26.] \nCommunity patent. An international patent issued by \nthe European Patent Office. -Community patents are \ngood for 20 years from the application date. They may \nbe registered in any nation in the European Union \nand other EPC signatories. \ncopending patent. A patent whose application is being \nprosecuted at or near the same time as another, similar \npatent. _ Continuing applications must be copend\ning with an existing patent application. A copend\ning patent may affect another patent's validity if it \ndiscloses the same invention, or discloses some part \nof the invention that, combined with other prior art, \nresults in anticipation (esp. ifthe copending patent is \nissued before the affected patent). A copending patent \nmay be shown to be an unpatentable improvement \non another copending patent's invention. 35 USCA \n 102(e). See eOPENDING. [Cases: Patents (;:::::: 110,7.] \ncyberpatent. 1. See business-method patent. 2. See \nInternet patent. \ndesign patent. A patent granted for a new, original, and \nornamental design for an article of manufacture; a \npatent that protects a product's appearance or non\nfunctional aspects. -Design patents -which, unlike \nutility patents, have a term of only 14 years from the \ndate the patent is granted -are similar to copyrights. \n36 USCA  171. [Cases: Patents \ndominating patent. See fencing patent. \nfencingpatent. A patent procured for some aspect ofan \ninvention that the inventor does not intend to produce \nbut that the inventor wants to prevent competitors \nfrom using in making improvements. -By making a \nclaim whose only purpose is to protect other claims, \nthe inventor seeks to \"fence in\" any such competing \nimprovements. Courts disfavor fenCing claims. \nAlso termed dominating patent. [Cases: Patents \n121.] \nimprovement patent. A patent having claims directed \nto an improvement on a preexisting invention. _ If \nthe preexisting invention is patented by another, the \nowner of the improvement patent may need a license \nto practice the invention covered by the claims of \nthe improvement patent. Similarly, the owner of the \npreexisting invention's patent may need a license to \npractice the invention in the improvement patent. Cf. \npioneer patent. [Cases: Patents (>:::J9.] \nin-force patent. A patent that has not expired or been \nruled invalid. \nInternet patent. A type of utility patent granted on \nan invention that combines business methods and \nsoftware programs for Internet applications. -Also \ntermed cyberpatent. patent \nmethod patent. A patent having method or process \nclaims that define a series of actions leading to a \ntangible physical result. -Also termed process patent. \n[Cases: Patents \npaper patent. A patent granted for a discovery or \ninvention that has never been used commercially. - A \npaper patent may receive less protection under the law \nthan a patent granted for a device that is actually used \nin industry. As a prior-art reference, a paper patent "}
{"text": "law \nthan a patent granted for a device that is actually used \nin industry. As a prior-art reference, a paper patent \nmay carry less weight with examiners than one for \nan invention that has been commercially exploited, \nbecause it may suggest that the invention did not work \nas claimed. [Cases: Patents \npioneer patent. A patent covering a function or a \nmajor technological advance never before performed, \na wholly novel device, or subject matter of such \nnovelty and importance as to mark a distinct step in \nthe progress ofthe art, as distinguished from a mere \nimprovement or perfection of what had gone before. \n_ Under U.S. law, the claims of a pioneer patent are \nentitled to broader interpretation and to be given a \nbroader range ofequivalents. A pioneer patent is usu. \nthe first one documented by a patent-tracking service, \nalthough it may not be the first patent published by \na national registry, such as the PTa. -Cf. improve\nment patent. [Cases: Patents C=> 173.] \n'To what liberality of construction these claims are entitled \ndepends to a certain extent upon the character ofthe inven \ntion, and whether it is what is termed on ordinary parlance \na 'pioneer.' This word, although used somewhat loosely, \nis commonly understood to denote a patent covering a \nfunction never before performed, a wholly novel device, or \none of such novelty and importance as to mark a distinct \nstep in the progress of the art, distinguished from a mere \nimprovement or perfection of what had gone before\" West \ninghouse v. Boyden Power Brake Co., 170 U.S. 537,561-62, \n18 S.O. 707, 718 (1898). \nplant patent. A patent granted for the invention or \ndiscovery ofa new and distinct variety of asexually \nreproducing plant. 36 USCA  161. [Cases: Patents \n(>::)14.] \nprocess patent. A patent for a method of treating spec\nified materials to produce a certain result; a patent \noutlining a means of producing a physical result \nindependently ofthe prodUcing mechanism. -The \nresult might be brought about by chemical action, by \napplying some element or power ofnature, by mixing \ncertain substances together, or by heating a substance \nto a certain temperature. See method patent. [Cases: \nPatents \nreissue patent. A patent that is issued to correct unin\ntentional or unavoidable errors in an original patent, \nsuch as to revise the specification or to fix an invalid \nclaim. - A reissue may correct patent defects that \nmight call the validity of the patent into question. \nIt is also used, although rarely, to make the claims \nbroader or narrower. The patentee risks the possibil\nity that previously allowed claims may be rejected. \nIt does not change the term of the patent. 35 USCA \n 251. Sometimes shortened to reissue. [Cases: \nPatents C=> 135.] \n\nsubmarine patent. Slang. A patent that is delayed in \nprosecution by the applicant in order to let an infring\ning user continue to develop its business, with the \nintention oftaking in later-invented technology once \nthe patent finally \"surfaces\" from the U.s. Patent and \nTrademark Office. -Typically, the patent applicant \nis aware of the developments and consciously delays \nthe PTa's issuance of a patent, so that the invention's \nunwitting users will be forced to pay license fees. As \nof29 November 2000, most patent applications must \nbe published within 18 months of filing, so submarine \npatents are relatively rare now. See CONTINUATION\nAPPI.ICATION LACHES DOCTRINE. \nutility-model patent. See UTILITY MODEL. \nutility patent. A patent granted for one ofthe following \ntypes of inventions: a process, a machine, a manu\nfacture, or a composition of matter (such as a new \nchemical). Utility patents are the most commonly \nissued patents. 35 USCA  101. [Cases: Patents ~ \n1.] \npatentability opinion. See OPINION (2). \npatentability search. An inventor's research into a field's \nstate of the art to determine whether an invention \nwill qualify for patent protection. Cf. INfRINGEMENT \nSEARCH; VALIDITY SEARCH. \npatentable, adj. Capable of being patented <patentable \nprocesses>. \npatentable combination. A series of process steps, \nmechanical elements, or a mixture of materials that \nproduce a desirable result or effect that is not obvious \nfrom the qualities of the individual components or \nsteps. [Cases: Patents ~7.1O.1 \npatentable subject matter. Things that by law can be \npatented; any machine, process, manufacture, or \nmaterial composition, or an improvement to such \nthings, that (1) is discovered or invented, (2) is new \nand useful, and (3) meets the statutory conditions and \nrequirements to qualify for a patent.  Patents may \nbe issued for \"any new and useful process, machine, \nmanufacture, or composition of matter, or any new and \nuseful improvement thereof.\" 35 USCA  101. Patents \nmay not be issued for laws of nature, naturally occur\nring materials, physical phenomena, or abstract ideas \nand formulas. But if a naturally occurring material is \nprocessed in a way that gives it a new use, that process \nmay be patentable. -Often shortened to subject \nmatter. -Also termed statutory subject matter. [Cases: \nPatents \nPatent Act. The current federal statute governing patent \nregistrations and rights, enacted in 1952.35 USCA  1 \net seq . The Act reversed several Supreme Court doc\ntrines of patentability by eliminating the synergism and \n\"flash ofgenius\" requirements for combination patents \n( 103), making \"means-plus-function\" claims valid \nonce again ( 112), and narrowing the patent-misuse \ndoctrine ofcontributory infringement ( 271). Also \ntermed Patent Act of1952. Patent Act of 1790. Hist. The first U.S. patent statute, \nestablishing a board to examine patent applications, \nspecifications, and drawings to determine whether \nthe invention is suffiCiently useful and important\" to \njustify the granting ofa patent.  The examining board, \ncomprising the Secretary ofState, the Secretary ofWar, \nand the Attorney General, was abolished three years \nlater in favor ofa simple registration system. \nPatent Act of 1793. Hist. An early U.S. patent law that (1) \nabandoned the examination process in favor ofsimple \nregistration (2) established the infringement defenses of \ninvalidity for lack of novelty or public use; and (3) artic\nulated the four categories ofpatentable subject matter as \nmachine, manufacture, composition ofmatter, and art \n(now called process). -The State Department handled \nthe registration of patents, and their question of their \nvalidity was left up to the courts. \nPatent Act of 1836. Hist. The U.S. statute that charged \nthe Patent Office with examining patent applications \nfor novelty and utility, and that first required claims in \npatent applications. \nPatent Act of 1870. A U.S. statute that shifted the burden \nof disclosing the exact nature of an invention to the \npatent applicant by requiring a rigorous listing of \ndistinct claims. -Before the Act was passed, patent \nclaims were less important than the description and \ndrawings, and the scope of the patent grant was often \nambiguous. \nPatent Act of 1952. See PATENT ACT. \npatent agent. See AGENT (2). \npatent ambiguity. See AMBIGUITY. \nPatent and Copyright Clause. (1929) The constitutional \nprovision granting Congress the authority to promote \nthe advancement of science and the arts by establish\ning a national system for patents and copyrights. U.S. \nConst. art. I,  8, cl. 8. [Cases: Patents ~3.] \nPatent and Trademark Depository Library. A library \nthat has been designated by the U.S. Patent and Trade\nmark Office as an official repository tor information to \naid in a patent or trademark search. Abbr. PTDL. \nPatent and Trademark Law Amendments Act. See \nBAYH-DOLE ACT. \nPatent and Trademark Office. The Department of \nCommerce agency that examines patent and trade\nmark applications, issues patents, registers trademarks, \nand furnishes patent and trademark information and \nservices to the public. -Abbr. PTa. [Cases: Patents \npatent application. An inventor's request for a patent, \nfiled with the U.S. Patent and Trademark Office and \naccompanied by a specification (ending with at least \none claim), drawings, the filing fee, and (except for a \nprovisional patent application) an oath or a declaration. \n[Cases: Patents G'='98.] \nallowed application. A patent application for which \nthe U.s. Patent and Trademark Office examiner has \ndetermined that at least one pending claim meets the \n\n1237 \nconditions for patentability . When an application \nis allowed, the PTO notifies the applicant through \na Notice of Allowability and a Notice ofAllowance. \nOnce a patent application is allowed, a patent normally \nissues after the applicant has paid the required issue \nfee. [Cases: Patents <)=> 104.J \napplication for a reissue patent. An application by \na patentee to change the scope of a patent that has \nalready been issued, or to correct clerical or tech\nnological errors in the issued patent.  The scope of \nthe claims can be broadened only if the application i \nis made within two years of the date the patent was \nissued. See reissue patent under PATENT (3). Cfcertifi\ncate ofcorrection. [Cases: Patents 104.] \nchild application. A later-filed application in a chain ! \nofcontinuing applications filed during the pendency \nofan earlier application and sharing common subject \nmatter. The first~filed application is called the parent \napplication. Cf. parent application. [Cases: Patents \n<)=> 1l0.] \ncontinued-prosecution application. A request to \nabandon a patent application after final rejection and \nreopen a new case with the same file wrapper as the \nparent application . CPAs are authorized in 37 CFR \n l.S3(d). -Abbe. CPA. Also termed Rule 1.S3(d) \napplication. Cf. REQUEST FOR CONTINUED EXAMINA\nTION. [Cases: Patents 110.] \ncontinuing application. A patent application that is \nfiled while the parent application is pending and that \ncarries on prosecution of some or all of the original \napplication . Continuation, continuation-in-part, \ndivisional, and reissue applications are all forms of \ncontinuing applications. [Cases: Patents C=>1l0.] \nConvention application. A patent application filed in \naccordance with the terms of an international patent \ntreaty such as the Paris Convention or the Patent \nCooperation Treaty. \ndivisional application. A patent application based on \nthe same disclosure as the original application but \nclaiming a different invention . Ifan examiner finds \nthat a disclosure reveals two or more distinct inven\ntions, the applicant must restrict the original applica\ntion to claiming one of the inventions. A divisional \napplication can then be filed on any nonelected inven\ntion, and it will keep the same filing date as the parent \napplication. Often shortened to divisional. Also \ntermed restriction application. [Cases: Patents \n109.] \nfile-wrapper continuation application. 1. See CON\nTINUATION. 2. See CONTINUATION-IN-PART. \ngrandparent application. The first-filed application in \na chain of at least three continuation or continuation\nin-part patent applications. [Cases: Patents C::) 110.) \ninformal application. A patent application that is not \nin the correct form as required by the U.S. Patent \nand Trademark Office . According to the Manual \nof Patent Examining Procedure, an application is \ninformal if it is printed on both sides of the paper, patent-application amendment \nor is not permanent, legible, or reproducible. An \ninformal application may be corrected and still retain \nthe original filing date. [Cases: Patents <::=>98.] \ninternational application. An application under the \nPatent Cooperation Treaty for patent protection in \nspecified member nations . A PCT filing may be \nadded as long as 31 months after the initial filing in \na national patent office. It allows for simultaneous \npatent searches and examinations in multiple coun\ntries. -Also termed PCT application; peTfiling. See \nPATENT COOPERATION TREATY. \ninternational application designating the United \nStates. An international-patent application that \nis filed in accordance with the Patent Cooperation \nTreaty and specifically seeks patent protection in \nthe United States . The application may be filed in \nany nation, including the U.S., that is a party to the \ntreaty. \ninternational application originating in the United \nStates. An international-patent application that \nis filed in the U.S. Patent and Trademark Office in \naccordance with the Patent Cooperation Treaty . \nUnder the treaty, the PTO acts as a receiving office for \ninternational applications. 1he applicant mayor may \nnot be seeking patent protection in the U.S. [Cases: \nPatents C:::>97.] \nparent application.lhe first-filed application in a chain \noflater-filed continuation or continuation-in-part \napplications . An application becomes the parent \napplication when another type of application (such \nas continuation, divisional, or substitute) is filed. \nThe term \"parent\" is generally not used to refer to a \nprovisional application. Cf. child application. [Cases: \nPatents <)=> 110.] \nprovisional application. An application that can be \nfiled up to a year before the patent application itself, in \norder to establish a date for prior art and constructive \nreduction to practice . The PPA must include a full \ndescription of the invention, but claims, drawings and \nprior-art disclosures are not required. Also termed \nprovisional patent application. -Abbr. PPA. [Cases: \nPatents <)=>98.] \nrestriction application. See divisional application. \nRule 1.53 application. See continued-prosecution appli\ncation. \nsubstitute application. A duplicate application filed \nafter the response period for a first office action has \nexpired and the"}
{"text": "\ncation. \nsubstitute application. A duplicate application filed \nafter the response period for a first office action has \nexpired and the first application has been deemed \nabandoned. A substitute application carries some \ndanger for the applicant: the original filing date is lost, \nand any developments since that date become prior \nart that the examiner must consider before granting \nthe patent. [Cases: Patents 110.) \npatent-application amendment. A modification to a \npatent application, usu. narrowing or eliminating some \nclaims in response to an examiner's rejection. [Cases: \nPatents <)=> 109.) \n\namendment after allowance. An amendment sub\nmitted to the U.S. Patent and Trademark Office after \nthe PTO has mailed notice of a patent application's \napproval.  Once a notice of allowance has been \nmailed, prosecution of the application is closed on \nthe merits, and the entry of any amendment is within \nthe discretion of the patent examiner. Amendments \nafter allowance commonly address such matters as an \namendment to the specification or claims, a change in \nthe drawings or the list ofinventors, and the submis\nsion of prior art. Amendments that merely correct \nformal matters in the speCification or drawings, \nchange the claims without changing their scope, or \ncancel a claim are typically approved by the Office. \nAmendments ofgreater significance require approval \nof the supervisory examiner under policies estab\nlished by the group director. CFR  1.312. -Also \ntermed 312 amendment; Rule 312 amendment. See \namendment after payment ofissuefee. [Cases: Patents \n(;::::> 109.J \namendment after appeal. An amendment made after \nan appeal is taken from a patent application's final \nrejection. Such an amendment is not made as a \nmatter of right but is frequently allowed if it puts \nthe case in better form for consideration on appeal \nor helps implement an examiner's recommendation. \n[Cases: Patents (;::::> 109.] \namendment after final action. An amendment made \nafter final rejection of the patent application . The \namendment may drop claims but not add them. To \nbe entered, it may make changes in form, but may \nnot raise new issues for the examiner. CFR  1.116. \nAlso termed Rule 116 amendment. [Cases: Patents C.;;c \n109.] \namendment after payment ofissue fee. An amend\nment made by the applicant after the application \nhas been allowed and the issue fee paid. Such an \namendment is not made as a matter of right but is \ngoverned by 37 CFR  1.312. It must be accompanied \nby a petition to the Commissioner showing good and \nsufficient reasons why the amendment was not pre\nsented earlier. See amendment after allowance. [Cases: \nPatents (;::::> 109.] \namendment before first action. Seepreliminary amend\nment. \namendment in excess offilingfee. An amendment to a \npatent application that increases the number ofclaims \nin the original application and requires payment of \nan additional fee. \npreliminary amendment. An amendment filed before \nthe U.S. Patent and Trademark Office issues an office \naction on a patent application . Amendments that \nare not filed with the original application are not con\nsidered part of the original disclosure. -Also termed \namendment before first action. [Cases: Patents \n109.] \nRule 116 amendment. See amendment after final \naction. Rule 312 amendment. See amendment after allow\nance. \n312 amendment. See amendment after allowance. \npatent attorney. A lawyer who drafts and prosecutes \npatent applications, and who represents inventors in \ninfringement suits and interference hearings . In \naddition to a law license, a patent attorney must have a \nscientific or technical background, pass the patent bar \nexamination, and be licensed by the U.S. Patent and \nTrademark Office. [Cases: Patents G-~97.1 \npatent claim. A formal statement describing the novel \nfeatures of an invention and defining the scope of the \npatent's protection <claim #3 ofthe patent describes an \nelectrical means for driving a metal pin>. Cf. SPECIFI\nCATION (3). [Cases: Patents (;::::> lOL] \n\"[The patent] application concludes with one or more \n'claims.' which are summaries of the points of novelty of \nthe invention disclosed by the specification. said claims \nalso following certain fixed forms. If they are broad and \nin general terms, the patentee will be well protected, and \nwill be the possessor of a worth while patent; but if, on the \nother hand, the claims are limited in scope, if they recite a \nmultiplicity of exactly stated and unimportant elements, \nor if they are bad in anyone of a number of other ways, the \nchances of success are small, the patent will be full of loop \nholes of which infringers will be prompt to take advantage, \nthe inventor will not have received all he is entitled to, nor \nall he has paid for, and, if the claims are very limited, it \nis more than likely that he will have obtained a patent not \nworth the paper upon which it is printed.\" Richard B. Owen, \nPatents, Trademarks, Copyrights, Departmental Practice \n14 (1 925). \napparatus claim. A patent claim on a mechanical \ndevice, explaining how the components are con\nnected and function together . The preamble of an \napparatus claim typically states the function of the \nmachine; the body explains its elements and how they \nwork together. \nappendant claim. See dependent claim. \nclosed-ended claim. A patent claim that expressly \nlimits its scope to a list of elements, typically intro\nduced by the phrase \"consisting of.\" Cf. nearly closed\nended claim; open-ended claim. [Cases: Patents C=C \n101(3).] \ncoined-name claim. A chemical-patent claim con\nsisting only of the name of the new material.  A \ncoined-name claim is allowed by the U.S. Patent and \nTrademark Office onlv on the rare occasion when the \nname is established fn the field before the patent is \napplied for. The chemical composition, its phYSical \nproperties, and the process for making it must still \nbe disclosed in the specification. \ndependent claim. A patent claim that refers to and \nfurther limits another claim or set of claims in the \nsame patent application. Also termed appendant \nclaim. [Cases: Patents C:::>165(5).] \ndesign claim. The Single claim allowed in an applica\ntion for a design patent, incorporating by reference the \ndrawing and other specifications . The brief claim \ntypically starts with \"an ornamental design for\" and \n\n1239 \nends with \"as shown\" or \"as shown and described.\" Cf. \nomnibus claim. [Cases: Patents C:-~J 101(4).] \nfingerprint claim. A chemical-patent claim that differ\nentiates the material from prior art in terms ofsome \nphysical feature, such as melting point or spectrum, \nrather than its chemical composition. -Fingerprint \nclaims are allowed only when the chemical composi\ntion cannot be determined or cannot be distinguished \nfrom prior art. \ngeneric claim. A claim that encompasses a class of \nelements, any of which could function as equiva\nlents. -For a generic claim to be valid, the specific \nelements it encompasses must have a definable feature \nin common that makes them fit for the purpose. \nAlso termed genus claim. Cf. species claim. [Cases: \nPatents (;::>101(5).] \nimprovement claim. See Jepson claim. \nindependent claim. A patent claim that does not refer \nto any other claim. \nJepson claim. An improvement-patent claim charac\nterized by a preamble setting forth the current state \nof the art, followed by the phrase \"the improvement \ncomprising\" and a description ofthe claimed patent\nable improvement. -The name comes from Ex parte \nJepson, 1917 C.D. 62, 243 O.G. 526 (Ass't Comm'r Pat. \n19l7), in which this type of claim was first approved \nand sanctioned bv the Commissioner of Patents. \nAlso termed imp;ovement claim. \nMarkush claim. A patent claim that includes elements \nlisting alternative chemicals, materials, or steps in a \nprocess. _ A Markush claim typically has language \nsuch as \"selected from the group consisting of.\" The \nalternatives must all give the same result, rather than \npatentably distinct products. The name derives from \nEx parte Markush, 1925 Dec. Comm'r Pat. 126. See \nMARKUSH DOCTRINE. [Cases: Patents~101(7).) \nmeans-combination claim. A type ofclaim in a patent \napplication that includes multiple limitations, at I \nleast one ofwhich is in means-plus-function or step-. \nplus-function form. _ Means-combination claims ! \nare acceptable to examiners. [Cases: Patents ~J I \n101(10).) \nmeans-plus-function claim. See MEANS-PLUS-FUNC\nTION CLAUSE. \nmethod claim. A patent claim that describes what is \ndone to a workpiece in order to achieve the useful \nresult claimed. - A method claim is the same thing \nas a process claim, but \"method\" is used more often i \nin applications for mechanical and electrical devices. I \n[Cases: Patents C:-;) 101(11).) . \nmultiple-dependent claim. A dependent claim that \nrefers to more than one other preceding claim. \nnearly closed-ended claim. A patent claim that limits I \nits scope to a list ofelements but does not expressly \nexclude close analogues. The claim is typically intro\nduced by a phrase such as \"consisting essentially of.\" \nCf. closed-ended claim; open-ended claim. patent claim \nnew-use claim. A method claim for a new way ofusing \nan existing invention. [Cases: Patents ~27(l).] \nnonelected claim. A claim that has been withdrawn \nfrom consideration based on the examiner's finding \nthat the application claims more than one invention. \n_ The applicant must elect to prosecute one inven\ntion. Other claims may either be abandoned or else be \nprosecuted separately under a divisional application. \nSee RESTRICTION (4). \nnonstatutory claim. See omnibus claim. \nomnibus claim. A claim in a patent application that \ndoes not distinctly narrate a means to carry out a \nfunction but rather refers to the drawings or descrip\ntion with phrases such as \"as described and shown.\" \nOmnibus claims are rejected in the United States but \nare accepted elsewhere. Also termed nonstatutory \nclaim. Cf. design claim. \nopen-ended claim. A patent claim that contains a \nnonexclusive list of elements, typically introduced \nby the phrase \"consisting of.\" - A later patent appli\ncant cannot avoid infringement by merely adding an \nanalogue to the list. Cf. closed-ended claim; nearly \nclosed-ended claim. \nplant-patent claim. The Single claim in a plant -patent \napplication, describing the principal distinguishing \ncharacteristics ofthe plant. \nprocess claim. A patent claim that describes by steps \nwhat is done to the subject matter, usu. a substance, \nin order to achieve a useful result. - A process claim \nis the same thing as a method claim, but \"process\" is \nused more often in applications for chemical patents. \n[Cases: Patents C:-::> 101(11).] \nproduct-by-process claim. A patent claim defining \na product through the process by which it is made. \n-The product-by-process claim is most often used \nto define new chemical compounds, such as drugs. \n[Cases: Patents ~101(11).] \nproduct claim. A patent claim that covers the structure, \napparatus, or composition ofa product. \nsingle-means claim. A type ofclaim in a patent appli\ncation that indicates a process, result, or function \nbut does not describe the method of reaching that \nend <a method ofcuring cancer>. _ Where no other \nmethod is obvious, such an assertion claims rights \nto all possible ways ofachieving the result -ways \nnot specified in the application and even ways that \nhave not yet been invented. Single-means claims are \nrejected as too broad. -Also termed single-element \nmeans claim. Cf. MEANS-PLUS-FU::-.fCTION CLAUSE. \n[Cases: Patents <>:::> 101(8).] \nspecies claim. A claim that is limited to a single appa\nratus, process, composition of matter, or article of \nmanufacture, rather than to a range of similar and \nrelated items. Cfgeneric claim. \nSquires claim. A utility-patent claim that incorpo\nrates a drawing or table by reference. -This claim is \nallowed by the u.s. Patent and Trademark Office only \n\n1240 Patent Cooperation Treaty \nif there is no practical way to define the invention in \nwords, but the invention is simple to illustrate with \nthe drawing or table. See SQt:lRES DOCTRINE. [Cases: \nPatents C::;)101(4).] \nsubcombination claim. A patent claim, usu. on a \ndevice, describing a subsystem of a larger combina\ntion. A subcombination may be patented separately \nif it has its own utility. [Cases: Patents 101(10).] \nPatent Cooperation Treaty. A 1970 treaty that stream\nlined the process of securing patents in multiple coun\ntries by establishing a single filing date and providing \nfor a single preliminary patent search . An inventor \nwho wants to qualify for patents from several member \ncountries files a standard application in one country, \nthus preserving the priority date, then submits a PCT \nfiling that deSignates which other countries' patents are \nbeing applied for. WIPO, the United Nations' World \nIntellectual Property Organization, administers the \ntreaty. Often shortened to PCT. See international \napplication under PATENT APPLICATION. [Cases: Patents \nC=>97.] \npatent danger. See apparent danger (1) under DANGER. \npatent deed. See LETTERS PATENT (2). \npatent defect. See DEFECT. \npatent disclaimer. See statutory disclaimer under DIS\nCLAIMER. \npatentee (pat-<m-tee). One who either has been granted a \npatent or has succeeded in title to a patent.  Although \nit might seem helpful to distingUish a patentee as \na person to whom a patent is issued and a patent\nholder as the owner of a patent, including the original \ngrantee's assigns, the Patent Act explicitly includes \nall title-holders under the term \"patente"}
{"text": "including the original \ngrantee's assigns, the Patent Act explicitly includes \nall title-holders under the term \"patentee,\" 35 USCA \n 100(d). -Also termed patent-holder; patent-owner. \n[Cases: Patents 117.] \npatent-exhaustion doctrine. Patents, The rule that the \nunconditioned sale of a patented article ends the pat\nentee's monopoly right to control its use . That control \nmay still be exercised by limitations in a contract or \nlicense, as long as it does not amount to anticompeti\ntive patent misuse. Adams v. Burke, 84 U.S. (17 Wall.) \n453 (1874). See FIRST-SALE DOCTRINE. lCases: Patents \nC=> 191.] \npatent grant. See PATENT (3). \npatent-holder. See PATENTEE. \npatent infringement, See INFRINGEMENT, \npatent insurance. See INSURANCE. \npatent marking. The incorporation or affixation of a \npatent number to a patented article's surface or sur\nrounding packaging . AffiXing the patent number to \na product gives constructive notice of patent rights to \ninfringers. Without the number in place, a patentee can \nnot recover losses that occur before the infringer has \nactual notice of the patent. 35 USCA  287. See PATENT \nNUMBER, [Cases: Patents C=>222.] patent medicine. A packaged drug that is protected by \ntrademark and is available without prescription. [Cases: \nHealth C=>302-308.] \npatent-misuse doctrine. An equitable rule that patentees \nshould not be allowed to use their patent to effectively \nbroaden the scope of their monopoly in restraint of \ntrade or otherwise against the public interest.  Two \ncommon examples of anticompetitive broadening \nare (1) using a patent to restrain competition from \nan unpatented product or process, and (2) employing \nthe patent beyond its lifespan to exclude others from \ngaining commercial advantages by using the product \nor process. The practical effect offinding patent misuse \nis the loss of patent protection. The doctrine operates \nindependently ofantitrust law but overlaps it in many \nways and arose in the same era, at the turn of the 20th \ncentury. It has been described as an application of the \nequitable rule of \"unclean hands.\" See nonmetered \nlicense under LICENSE. [Cases: Antitrust and Trade \nRegulation C=>S87(3), 682, 732.] \npatent number. Patents. The unique eight-charac\nter number assigned by the U.S. Patent and Trade\nmark Office to a patent upon issuance. See PATENT \nMARKING. \nPatent Office. See UNITED STATES PATENT AND TRADE\nMARK OFFICE. \nPatent Office Reports. Hist. The former official publica\ntion of the U.S. Patent and Trademark Office . It was \nreplaced in 1872 by the Official Gazette of the United \nStates Patent and Trademark Office. \npatent ofprecedence. Hist. A royal grant to a person by \nletters patent of a higher social or professional rank \nthan the person would ordinarily hold or be entitled to. \n In the 19th and early 20th centuries, the patent was \nmost often used to give certain barristers more rights \nand privileges. For example, a King's Counsel could not \nrepresent a party against the Crown without a patent \nof precedence. See PREAUDIENCE. \npatentor (pat-em-tar or pat-an-tor). One who grants a \npatent. \npatent-owner. See PATENTEE. \npatent pending. (1917) The designation given to an \ninvention while the Patent and Trademark Office is pro\ncessing the patent application. _ No protection against \ninfringement exists, however, unless an actual patent is \ngranted. Abbr. pat. pend. [Cases: Patents C=> 104.1 \npatent pooling. The cross-licensing of patents among \npatentees. Patent pooling does not violate antitrust \nlaws unless it is done to suppress competition or control \nan industry, [Cases: Monopolies 12(15).] \npatent-prosecution process. See PROSECUTION (4). \npatent right. 1. See PATENT (3).2. See RIGHT. \npatent-right dealer. A person who buys and sells or \nbrokers the sale or purchase ofpatent rights. \nPatent Roll. Hist. A list of the letters patent issued in \nthe United Kingdom in any given year . 'The first \nPatent Roll was issued in England in 1201. The Rolls \n\n1241 \nwere originally used to grant offices, lands, licenses, \npeerages, and pensions. In later centuries, they included \ngrants ofpatents for inventions. \npatent search. 1. See INFRINGEMENT SEARCH. 2. See PAT\nENTABILITY SEARCH. 3. See VALIDITY SEARCH. \npatent solicitor. See patent agent under AGENT (2). \npatent suppression. The deliberate nonuse of a patent, \nesp. in order to deny the public or competitors the \nbenefit of the invention. -Patent suppression is a rich \nsource of urban legend, such as the rumor of oil com\npanies sitting on inventions that would greatly improve \ngas mileage, or pantyhose companies suppressing a \npatent on no-run nylon. But the stories are not always \nfictional: in 1942 Standard Oil admitted trying to delay \nsynthetic-rubber technology in order to protect its \nmarket in natural rubber. \npatent term. The period during which a patent is in force. \n[Cases: Patents (;:::::> 131.] \npatent-term adjustment. A compulsory extension of the \ntime a utility or plant patent remains in force, following \nadministrative delays in prosecuting the application . \nA provision of the American Inventors' Protection Act \nof 1999, the extension is available for new applications, \ncontinuation applications, and divisional applications \nfiled since May 29, 2000. Abbr. PTA. Cf. PATENT\nTERM EXTENSION. [Cases: Patents 133.] \npatent-term extension. A lengthening of the time a \npatent remains in force, given to compensate inven\ntors for time lost because of administrative delays \nsuch as interferences, secrecy orders, or appeals . The \nextension applies to original utility and plant patents \nissued after June 7, 1995 and before May 29, 2000. \nIts maximum length is five years. Cf. PATENT-TERM \nADJUSTMENT. [Cases: Patents (;:::::> 133.) \npatent-term guarantee. An inventor's statutory right \nto extend the term of a patent if the application was \ndelayed by the u.S. Patent and Trademark Office . The \nterm can be extended up to five years if the applica\ntion was delayed because ofan interference proceeding \nor appellate review, or if the PTa missed a statutory \ndeadline for certain steps in the prosecution, or failed \nto grant the patent within three years ofthe filing date. \nThe guarantee took effect May 29, 2000. [Cases: Patents \n133.] \npatent watch. A system for continually monitoring pub\nlished patent applications and newly issued patents in \na particular scientific or technological field to detect or \nensure against infringements. \npatent writ. See WRIT. \npater (pay-tar), n. [Latin] Father. \npaterfamilias (pay-tar-fa-mil-ee-as or pah-tJr-), n. \n[Latin) Roman law. 'The male head of a family or house\nhold, the senior ascendant male; esp., one invested with \npotestas (power) over another. -Also termed homo sui \njuris. See patria potestas under POTESTAS. \npaternal, adj. (15c) Of, relating to, or coming from one's \nfather <paternal property>. Cf. MATERNAL. patient's bill of rights \npaternalism, n. (1873) A government's policy or practice \nof taking responsibility for the individual affairs of its \ncitizens, esp. by supplying their needs or regulating \ntheir conduct in a heavyhanded manner. paternal\nistic, adj. \npaternal line. See LINE. \npaternal-line descent. See DESCENT. \npaternal property. See PROPERTY. \npaterna paternis (pa-t.u-n;:> p;:>-t3r-nis). [Law Latin] \nHist. Goods acquired through the father descend to \nthose connected with him. The phrase invoked the \ndistinction between the succession of consanguinean \nhalf-brothers and uterine half-brothers. Ct: MATERNA \nMATERNIS. \npaternity (pa-t<Jr-ni-tee). (I5c) 1. The state or condition \nofbeing a father, esp. a biological one; fatherhood. Cf. \nFILIATION. [Cases: Children Out-of-Wedlock C= 1.) 2. \nATTRIBUTION RIGHT. \npaternity action. See PATERNITY SUIT. \npaternity presumption. See PRESUMPTION OF PATER\nNITY. \npaternity suit. (1945) A court proceeding to determine \nwhether a person is the father of a child (esp. one born \nout of wedlock), usu. initiated by the mother in an \neffort to obtain child support. -Also termed paternity \naction; parentage action; bastardy proceeding; bastardy \nprocess. [Cases: Children Out-of-Wedlock c-~30.) \npaternity test. (1926) A test, usu. involving DNA iden\ntification or tissue-typing, for determining whether a \ngiven man is the biological father of a particular child. \nSee DNA IDENTIFICATION; HUMAN-LEUKOCYTE ANTIGEN \nTEST; BLOOD-GROUPING TEST. [Cases: Children Out-of-\nWedlock 58.) \npaterpatriae (pay-tar pay-tree-ee orpa-tree-ee). [Latin] \nFather of the country. See PARENS PATRIAE. \npathological intoxication. See INTOXICATION. \npathology (pa-thol-a-jee), n. (l7c) The branch of medical \nstudy that examines the origins, symptoms, and nature \nof diseases. -pathological (path-<l-loj-i-k<ll), adj. \npathologist (p<l-thol-a-jist), n. \npatiens (pay-shee-enz), n. [Latin] A person who suffers \nor permits; the passive party in a transaction. Cf. AGENS \n(1). \npatient, n. A person under medical or psychiatric care. \n[Cases: Health C='576.] \npatient-litigant exception, (1951) An exemption from \nthe doctor-patient privilege, whereby the privilege is \nlost when the patient sues the doctor for malpractice. \n[Cases: Privileged Communications and Confidential\nity \npatient-physician privilege. See doctor-patient privilege \nunder PRIVILEGE b). \npatient's bill of rights. (1973) A general statement of \npatient rights voluntarily adopted by a healthcare \nprovider or mandated by statute, covering such matters \n\nas access to care, patient dignity and confidentiality, \npersonal safety, consent to treatment, and explanation \nofcharges. [Cases: Health (:::>582.] \npat. pend. abbr. PATENT PENDING. \npatria (pay-tree-a or pa-tree-d), n. [Latin] 1. Roman \nlaw. The fatherland; a person's home area. 2. Hist. The \ncountry or the area within it, such as a county or neigh\nborhood. 3. Hist. A jury, as when a defendant \"puts \nhimself upon the country\" (ponit se super patriam). \nSee CONCLUSION TO THE COUNTRY; GOING TO THE \nCOUNTRY; PAYS. \n\"Though our Latin uses parria, our French uses pays, which \ndescends from Latin pagus. The 'country' of this formula \nis not our father-land but 'the country-side.'\" 2 Frederick \nPollock & Frederic W. Maitland, The History of English Law \nBefore the Time of Edward 1624 n.l (2d ed, 1899), \npatria potestas. See POTESTAS. \npatriation. Canadian law. The process of transferring \nconstitution-related legislation or documents from \na former colonial power to a nation that was once a \ndependency ofthat power. \n\"The word 'patriation' is a Canadian neologism that \ndescribes the bringing of the Canadian Constitution to \nCanada, Although this may sound strange to non-Canadian \nreaders, Canada's formal Constitution was, before 1982, to \nbe found in a U.K. statute. Therefore, only the U.K. Parlia\nment was competent to amend it and to formally terminate \nits authority over future constitutional amendments. As a \nU. K. statute, the Canadian Constitution had never been \nin Canada. Therefore, it could not be 'repatriated.' Hence \nthe use of the word 'patriation.'\" Jean-Francois Gaudreault \nDesbiens, The Quebec Secession Reference and the Judicial \nArbitration ofConflicting Narratives About Law, Democracy, \nand Identity, 23 Vt. L. Rev, 793, 807 n.43 (1999). \npatrician (p;l-trish-;m), n. Roman law. One of a privi\nleged class ofRoman citizens, as contrasted with plebe\nians. -Originally probably the rank was only by birth. \nThey monopolized all the priesthoods and probably \ntheir class was defined by religious prerogatives, but \nmembership in the senate was not confined to patri\ncians. They lost their monopolies by B.C. 300, but one \nconsul continued to be a patrician, and they held at \nleast half the priestly offices. Emperors could and did \nconfer patrician status on favored individuals. The \nhereditary patricians disappeared in the third century \nA.D., but later emperors revived the title as a personal \nhonor for faithful service. \npatricide (pa-trd-sId), n, (l6c) 1. The act of killing one's \nown father. 2. One who kills his or her father. Cf. PAR\nRICIDE. patricidal, adj. \npatrimonial (pa-trd-moh-ne"}
{"text": ". Cf. PAR\nRICIDE. patricidal, adj. \npatrimonial (pa-trd-moh-nee-JI), adj. Of or relating to \nan inheritance, esp. from a male ancestor. \npatrimonio ejus abest (pa-trd-moh-nee-oh ee-jJs ab-est). \n[Latin] Hist. That which is wanting from a person's \nestate . The phrase includes items held by one person \nbut due to another, such as stolen goods or money for \nan unpaid debt. \npatrimonium (pa-trJ-moh-nee-am), n. [Latin] Roman \nlaw. Property that is capable ofbeing inherited; private \nproperty. Also termed patrimony. patrimony (pa-tr;l-moh-nee). (l4c) 1. An estate inherited \nfrom one's father or other ancestor; legacy or heritage. \n2. Civil law. All of a person's assets and liabilities that \nare capable ofmonetary valuation and subject to execu\ntion for a creditor's benefit. 3. PATRIMONIUM. \nPatriot Act. See USA PATRIOT ACT. \npatron. (ISc) 1. A regular customer or client ofa business. \n2. A licensee invited or permitted to enter leased land \nfor the purpose for which it is leased. 3. A person who \nprotects or supports some person or thing. \npatronage (pay-trd-nij). (16c) 1. The giving of support, \nsponsorship, or protection. 2. All the customers ofa \nbusiness; clientele. 3. The power to appoint persons \nto governmental positions or to confer other political \nfavors. -Also termed (in sense 3) political patronage. \nSee SPOILS SYSTEM. [Cases: Officers and Public Employ\nees \npatronizing a prostitute. (1956) 'The offense ofrequest\ning or securing the performance of a sex act for a fee; \nPROSTITUTION. Cf. SOLICITATION (3). (Cases: Prostitu\ntion 16.] \npatron us (pJ-troh-n;}s), n. [Latinl1. Roman law. Someone \nwho had manumitted a slave, and was therefore entitled \nto certain services from the slave. 2. ADVOWEE. PI. \npatroni (pJ-troh-m). \npatruus (pa-troo-as), n. [Latin] Roman & civil law. A \nfather's brother; a paternal uncle. \npatruus magnus (pa-troo-<3s mag-nds), n. [Latin] Roman \n& civil law. A grandfather's brother; a great-unde. \npatruus maximus (pa-troo-;ls mak-S;l-m;}s). See ABPA\nTRUUS. \npattern, n. (1883) A mode ofbehavior or series of acts \nthat are recognizably consistent <a pattern of racial \ndiscrimination>. \npattern jury charge. See model jury instruction under \nJURY INSTRUCTION. \npattern jury instruction. See model jury instruction \nunder JURY INSTRUCTION. \npattern of racketeering activity. (1972) Two or more \nrelated criminal acts that amount to, or pose a threat of, \ncontinued criminal activity. -This phrase derives from \nthe federal Racketeer Influenced and Corrupt Orga\nnizations Act. See RACKETEERING. (Cases: Racketeer \nInfluenced and Corrupt Organizations (:::>24,104.] \npattern-or-practice case. A lawsuit, often a class action, \nin which the plaintiff attempts to show that the defen\ndant has systematically engaged in discriminatory \nactivities, esp. by means of policies and procedures. \nTypically, such a case involves employment discrimi\nnation, housing discrimination, or school segregation. \nA plaintiff must usu. show that a defendant's behavior \nforms a pattern of actions or is embedded in routine \npractices but inferences ofexecutive or official complic\nity may be drawn from a consistent failure to respond to \ncomplaints or implement corrective measures. [Cases: \nCivil Rights (:::> 1033(1), 1074, 1139.] \n\n1243 \npattern similarity. See comprehensive nonliteral similar\nity under SIMILARITY. \npaucital (paw-si-tal), adj. Rare. See IN PERSONAM. \nPauline privilege. Eccles. law. The doctrine that a \nbaptized person's marriage to a never-baptized person \nmay be dissolved under certain circumstances, when \ndissolution is beneficial to the Roman Catholic Church. \n The privilege is ordinarily exercised when (1) the \nmarriage was valid, (2) the baptized spouse now wishes \nto marry a Catholic, and (3) at the time ofthe marriage, \nboth parties were unbaptized in any faith. Before the \nprivilege can be exercised, (1) the unbaptized spouse \nmust have deserted the baptized spouse without just \ncause, (2) the unbaptized spouse must still be unbap\ntized, (3) the baptized spouse must make the proper \nappeals to the Church, and (4) the Church must rule \nthat the privilege is exercisable. There is uncertainty \nabout the extent of the privilege. Cf. PETRINE PRIVI \nLEGE. \npauper. (16c) A very poor person, esp. one who receives \naid from charity or public funds; INDIGENT. See IN \nFORMA PAUPERIS. [Cases: Social Security and Public \nWelfare \npauperies (paw-par-eez), n. [Latin \"impoverishment\"] \nRoman law. Damage done by a domesticated four\nfooted animal.  The animal's owner was liable for the \ndamage. See actio de pauperie under ACTIO. \npauper's affidavit. See poverty affidavit under AFFIDA\nVIT. \npauper's oath. See OATH. \npawn, n. (15c) 1. An item of personal property depos \nited as security for a debt; a pledge or guarantee . In \nmodern usage, the term is usu. restricted to the pledge \nof jewels and other personal chattels to pawnbrokers \nas security for a small loan. 2. The act of depositing \npersonal property in this manner. 3. The condition of \nbeing held on deposit as a pledge. 4. PIGNUS (1). Cf. \nBAILMENT (1); PIGNUS (4). pawn, vb. \npawnbroker, n. One who lends money, usu. at a high \ninterest rate, in exchange for personal property that \nis deposited as security by the borrower. [Cases: \nConsumer Credit c;::~,5.] pawnbroking, n. \npawnee. One who receives a deposit ofpersonal property \nas security for a debt. [Cases: Consumer Credit (;d \n5.) \npawnor. One who deposits an item ofpersonal property \nas security for a debt. Also spelled pawner. [Cases: \nConsumer Credit \npax regis (paks ree-jis), n. [Latin \"the king's peace\"] Hist. \n1. The government's guarantee of peace and security \nof life and property to all within the law's protection. \n2. VERGE (1). \npayable, adj. (14c) (Of a sum of money or a negotiable \ninstrument) that is to be paid . An amount may be \npayable without being due. Debts are commonly \npayable long before they fall due. payment \npayable after sight. (18c) Payable after acceptance or \nprotest of nonacceptance. See sight draft under DRAFT. \n[Cases: Bills and Notes (;d129(3).] \npayable on demand. (17c) Payable when presented or \nupon request for payment; payable at any time. lCases: \nBills and Notes (;d129(3).] \npayable to bearer. (I8c) Payable to anyone holding the \ninstrument. [Cases: Bills and Notes (;:::~21O, 427(1).] \npayable to order. (l7c) Payable only to a specified payee. \n[Cases: Bills and Notes ('~427.] \npayable, n. See account payable under ACCOUNT. \npayable date. See DATE. \npay any bank. A draft indorsement that permits only \nbanks to acquire the rights of a holder until the draft \nis either returned to the customer initiating collection \nor specially indorsed by a bank to a person who is not a \nbank. UCC  4-20l(b). [Cases: Banks and Banking \n158; Bills and Notes <8::::> 190.] \npayback method. An accounting procedure that \nmeasures the time required to recover a venture's initial \ncash investment. \npayback period. The length of time required to recover \na venture's initial cash investment, without accounting \nfor the time value of money. \npaydown, n. A loan payment in an amount less than the \ntotal loan principal. \npayee. (18c) One to whom money is paid or payable; esp., \na party named in commercial paper as the recipient of \nthe payment. Cf. PAYOR. \npayer. See PAYOR. \npay-if-paid clause. See CLAUSE. \npaying quantities. Oil & gas. An amount of mineral pro\nduction from a single well sufficient to justify a rea\nsonably prudent operator to continue producing from \nthat welL. Most jurisdictions interpret the language \n\"for so long thereafter as oil and gas is produced\" in \nhabendum clauses to mean so long as paying quantities \nare produced. See HABENDUM CLAUSE. [Cases: Mines \nand Minerals (;d78.l(8).J \npayment. (I4c) 1. Performance of an obligation by \nthe delivery of money or some other valuable thing \naccepted in partial or full discharge of the obligation. \n[Cases: Payment G':::C 1.) 2. The money or other valuable \nthing so delivered in satisfaction of an obligation. \nadvance payment. (16c) A payment made in anticipa\ntion of a contingent or fixed future liability or obli\ngation. \nballoon payment. (1935) A final loan payment that is \nusu. much larger than the preceding regular payments \nand that discharges the principal balance ofthe loan. \nSee balloon note under NOTE (1). \nconditional payment. (17c) Payment of an obligation \nonly on condition that something be done . Gen\nerally, the payor reserves the right to demand the \n\npayment bond 1244 \npayment back if the condition is not met. [Cases: \nPayment \nconstructive payment. (1827) A payment made by \nthe payor but not yet credited by the payee. -For \nexample, a rent check mailed on the first of the month \nis a constructive payment even though the landlord \ndoes not deposit the check until ten days later. \ndirect payment. (18c) 1. A payment made directly to \nthe payee, without using an intermediary, such as a \nchild-support payment made directly to the obligee \nparent rather than through the court. 2. A payment \nthat is absolute and unconditional on the amount, the \ndue date, and the payee. \ndown payment. (1926) The portion of a purchase \nprice paid in cash (or its equivalent) at the time the \nsale agreement is executed. Cf. BINDER (2); EARNEST \nMONEY. [Cases: Vendor and Purchaser C=:>69.1, \n334(1).] \nindefinite payment. 1. A stream of payments with no \ntermination date, or a single payment with no speci\nfied due date. 2. A payment that does not specify to \nwhich debt it should be applied when it is made to a \nsingle creditor who holds several ofthe payor's debts. \n[Cases: Payment C=:>39-46.] \ninstallment payment. One of a series of periodic \npayments made under an installment plan. See \nINSTALLMENT SALE. [Cases; Sales (;=,192.] \ninvoluntary payment. (18c) A payment obtained by \nfraud or duress. [Cases: Payment C='86, 87.] \nlump-sum payment. (1914) A payment of a large \namount all at once, as opposed to a series ofsmaller \npayments over time. Cf. periodic payment. \npart payment. A buyer's delivery of money or other \nthing ofvalue to the seller, and its acceptance by the \nseller, when the money or the value ofthe thing does \nnot equal the full sum owed. [Cases: Sales (;=,202(7); \nVendor and Purchaser C=:> 184.] \nperiodic payment. One of a series of payments made \nover time instead ofa one-time payment for the full \namount. Cf. lump-sum payment. \ntwo-party payment. A single payment made by check \nto two people, usu. for the sum of the amount due to \neach person. \nunofficious payment. A payment made by a person who \nhas an interest in seeing that it should be made. \npayment bond. See BOND (2). \npayment date. See DATE. \npayment in due course. (1816) A payment to the holder \nofa negotiable instrument at or after its maturity date, \nmade by the payor in good faith and without notice \nof any defect in the holder's title. See HOLDER IN DUE \nCOURSE. \npayment intangible. See INTANGIBLE. \npayment into court. (1829) A party's money or property \ndeposited with a court for distribution after a proceed\ning according to the parties' settlement or the court's order. See INTERPLEADER. [Cases: Deposits in Court \npayoff. See KICKBACK. \npayola (pay-oh-I;}). (1937) An indirect and secret payment \nfor a favor, esp. one relating to business; a bribe. \npay-on-death account. See ACCOUNT. \npay-on-death bank account. See pay-an-death account \nunder ACCOUNT. \npayor. (l6c) One who pays; esp., a person responsible for \npaying a negotiable instrument. Also spelled payer. \nSee DRAWEE; PAYEE. \npayor bank. See BANK. \npay-or-play contract. See CONTRACT. \npayout period. The time required for an asset to produce \nenough revenue to pay back the initial investment; \nesp., in oil-and-gas law, the time required for a well to \nproduce a sufficient amount ofoil or gas to pay back the \ninvestment in the well. \npayout ratio. The ratio between a corporation's divi\ndends per share and its earnings per share. Cf. COM"}
{"text": "\npayout ratio. The ratio between a corporation's divi\ndends per share and its earnings per share. Cf. COM\nMON-STOCK RATIO. \npayroll. 1. A list ofemployees to be paid and the amount \ndue to each ofthem. 2. The total compensation payable \nto a company's employees for one pay period. \npayroll tax. See TAX. \npays (payor pays), n. [Law French] The country; a jury. \nSee PATRIA. \npay-when-paid clause. See CLAUSE. \nPBGC. abbr. PENSION BENEFIT GUARANTY CORPORA\nTION. \nPBS. abbr. 1. PUBLIC BUILDINGS SERVICE. 2. Public \nBroadcasting Service. \nP.C. abbr. l. See professional corporation under CORPO\nRATION. 2. POLITICAL CORRECTNESS. 3. PRIVY COUN\nCILLOR. \nPCA. abbr. POSSE COMITATL'S ACT. \nPCR action. See POSTCONVICTION-RELIEF PROCEED\nING. \nPCT. abbr. PATENT COOPERATION TREATY. \nPCT application. See international application under \nPATENT APPLICATION. \nPCT filing. See international application under PATENT \nAPPLICATION. \nPCT filing date. Patents. The date of an international \napplication under the Patent Cooperation Treaty. \nAlso termed international filing date. See PATENT \nCOOPERATION TREATY; PCT FILING. \nP.D. abbr. 1. PUBLIC DEFENDER. 2. Police department. \nPDA. See PREG~ANCY-DISCRIMINATION ACT. \npeace, n. 1. A state of public tranquility; freedom from \ncivil disturbance or hostility <breach of the peace>. 2. \nThe termination or absence ofarmed conflict between \n\n1245 \nnations. See peace treaty under TREATY. -peaceable, \nadj. peaceful, adj. \narmedpeace. A situation in which two or more nations, \nwhile at peace, are actually armed for possible or \nprobable hostilities. \npeace, justice of the. See JUSTICE OF THE PEACE. \npeaceable possession. See POSSESSION. \npeace bond. See BOND (2). \nPeace Corps. An independent federal agency that \npromotes peace and friendship in the world by sending \nvolunteers to other countries to work in education, \nagriculture, health, small-business development, \nurban development, the environment, and information \ntechnology. -The agency was established by the Peace \nCorps Act of 1961 and became independent in 1988. \npeacemaker's court. See COURT. \npeace officer. A civil officer (such as a sheriff or police \nofficer) appointed to maintain public tranquility and \norder; esp., a person designated by public authority to \nkeep the peace and arrest persons guilty or suspected \nof crime. _ This term may also include a judge who \nhears criminal cases or another public official (such as \na mayor) who may be statutorily designated as a peace \nofficer for limited purposes. Also termed officer of \nthe peace; conservator ofthe peace. [Cases; Municipal \nCorporations (;::::;, 180(1).] \nPeace ofGod and the church. Hist. The cessation ofliti\ngalion between terms and on Sundays and holidays. \npeacetime. A period in which a country has declared \nneither a war nor a national emergency, even if the \ncountry is involved in a conflict or quasi-conflict. \npeace treaty. See TREATY (1). \npeace warrant. See WARRANT (1). \npeak demand. The point (during some specified period) \nat which customer use results in the highest level of \ndemand for a utility. \npeccavi (pe-kay-vI or pe-kah-vee), n. [Latin \"I have \nsinned\"] An acknowledgment or confession of guilt \npeculation (pek-y;l-lay-sh;m), n. (l7c) Embezzlement, \nesp. by a public officiaL Cf. DEPECULATION. [Cases: \nOfficers and Public Employees 12L] peculate \n(pek-Y;l-layt), vb. peculative (pek-YJ-I;Hiv), adj. \npeculator (pek-p-lay-tJr), n. \npeculatus (pek-ya-Iay-tas), n. [Latin] Roman law. The \noffense of stealing or embezzling public funds; pecu\nlation. Cf. FURTUM (1). \npeculiar, adj. Special; particular <peculiar benefit>. \npeculiar, n, Hist. Eccles. law. A district, parish, chapel, \nor church that was not subject to a bishop's jurisdic\ntion. -Peculiars were created, usu. under papal author\nity, to limit a bishop's power. There were several types, \nincluding royal peculiars (e.g., the Chapel Royal at St. \nJames's Palace or S1. George's in Windsor), peculiars \nof the Archbishop of Canterbury, and peculiars of \nbishops and deans. The jurisdiction and privileges of pecuniary loss \nthe peculiars were abolished by various statutes in the \n19th century. \npeculiar benefit. See special benefit under BENEFlT. \npeculiar-risk doctrine. (1958) The principle that an \nemployer will be liable for injury caused by an inde\npendent contractor if the employer failed to take rea\nsonable precautions against a risk that is peculiar to the \ncontractor's work and that the employer should have \nrecognized, -Also termed peculiar-risk exception. \n[Cases: Labor and Employment (;::.)3156.] \npeculium (pi-kyoo-Iee-Jm), n. [Latin] Roman law. \nProperty or money given by the head of a household \nto a son or slave, to be used at that person's discretion \nfor living expenses or business transactions; property \nat the disposal of the slave or son-in-power. \npeculium adventitium. See ADVENTITIOUS PROPERTY, \npeculium profectitium. See PROFECTITIUM PECULIUM. \npecune. [Origin unknown] Hist. CRIB, \npecunia (pi-kyoo-nee-;}), n. [Latin] Hist. 1. Money. 2. \nReal or personal property. \npecunia certa (pi-kyoo-nee-;} s;}r-tJ). [Latin] A definite \nsum of money. \npecunia constituta (pi-kyoo-nee-J kon-sti-t[y]oo-tJ). \n[Latin \"fixed sum of money\"] Roman law. See pactum \nde constituto under PACTUM. \npecunia non numerata (pi-kyoo-nee-J non nly]oo-m;}\nray-tJ), [Latin \"money not paid\"] Roman law. A defense \nthat even though defendant acknowledged receiv\ning money, it had not in fact been paid. Cf. exceptio \ni pecuniae non numeralae under EXCEPTIO. \npecunia numerata (pi-kyoo-nee-a n[y]oo-mJ-ray-tJ). \n[Latin] Hist. Money numbered or counted out; money \ngiven to pay a debt. \npecuniary (pi-kyoo-nee-er-ee), adj. (l6c) Ofor relating \nto money; monetary <a pecuniary interest in the \nlawsuit>. \npecuniary ability. Income from any source or sources \nsufficient to meet or pay an obligation, or for some other \npurpose, such as providing suitable maintenance for \na spouse. \npecuniary benefit. See BENEFIT. \npecuniary bequest. See BEQUEST. \npecuniary cause. Eccles. law. A lawsuit maintainable in \nan ecclesiastical court to redress an injury relating to \nthe church, such as a parishioner's failure to pay a tithe \nto a parson. \npecuniary damages. See DAMAGES. \npecuniary devise. See DEVISE. \npecuniary gain. See GAIN (1). \npecuniary injury. See INJURY. \npecuniary interest. Seefinancial interest under INTEREST \n(2). \npecuniary legacy. See LEGACY. \npecuniary loss. See LOSS. \n\npecunia trajectitia (pi-kyoo-nee-d traj-ek-tish-ee-d). \n[Latin \"money conveyed overseas\"] Roman law. Money \nloaned in connection with the transport of goods \nby ship, with the lender bearing the risk of loss. See \nNAUTlCUM FENDS. \npedage (ped-ij). Hist. Money paid as a toll to travel \nthrough another's land. -Also termed paage; \npedagium. \npedagium (pi-day-jee-dm). [Law Latin] See PEDAGE. \npedal possession. See POSSESSION. \npedaneus (pi-day-nee-ds), n. & adj. [Latin] Roman law. \nA judge who sat at the foot of the tribunal (Le., in the \nlowest seat) ready to try minor cases at the command \nofthe magistrate; an assistant judge. \npederasty (ped-dr-as-tee), n. (17c) Anal intercourse \nbetween a man and a boy . Pederasty is illegal in all \nstates. Cf. SODOMY. [Cases: SodomyC=> 1.]-pederast \n(ped-d-rast), n. \npedigree. A history of family succession; ancestry or \nlineage. \npedis abscissio (pee-dis or ped-is ab-sish-ee-oh). [Latin \n\"cutting off a foot\"] Hist. Punishment by cutting off \nthe offender's foot. \npedis positio (pee-dis or ped-is pd-zish-ee-oh). [Latin \n\"the placement of the foot\"] Hist. A putting or placing \nof the foot.  This term denoted possession of land by \nactual entry. \npedis possessio. See POSSESSIO. \npedis possessio doctrine (pee-dis or ped-is pd-zes[hJ\nee-o). [Latin \"possession-of-a-foot doctrine\") The prin\nciple that a prospector working on land in the public \ndomain is entitled to freedom from fraudulent or \nforcible intrusions while actually working on the site. \n[Cases: Mines and Minerals C=>27(l).] \npedophile. One who engages in pedophilia. \npedophilia. (1906) 1. A sexual disorder consisting in the \ndesire for sexual gratification by molesting children, \nesp. prepubescent children. 2. An adult's act of child \nmolestation . Pedophilia can but does not necessarily \ninvolve intercourse. The American Psychiatric Asso\nciation applies both senses to perpetrators who are at \nleast 16 years old and at least five years older than their \nvictims. Cf. PEDERASTY. \nPeeping Tom. (18c) A person who spies on another \n(as through a window), usu. for sexual pleasure; \nVOYEUR. -Also termed peeper. [Cases: Disorderly \nConduct C=> 123.] \npeer, n. 1. A person who is of equal status, rank, or char\nacter with another. \n\"The commonalty, like the nobility, are divided into several \ndegrees; and, as the lords, though different in rank, yet all \nof them are peers in respect of their nobility, so the com\nmoners, though some are greatly superior to others, yet all \nare in law peers, in respect of their want of nobility ....' 1 \nWilliam Blackstone, Commentaries on the Laws ofEngland \n391 (1765). 2. A member ofthe British nobility (such as a duchess, \nmarquis, earl, viscount, or baroness). -peerage (peer\nij), n. \n'The Crown has power to create any number of peers and \nof any degree. In modern practice the power is exercised \non the advice of the Prime Minister and the honour is most \ncommonly a reward for political services. Peerages can \nbe, and have been, conferred for party political reasons; \n12 were created in 1712 to save the government, and 16 \nto help pass the Reform Bill in 1832. In 1832 and 1911 the \nOpposition of the House of Lords was overcome by the \nthreat to create enough peers to secure a majority.... \nThe main privilege of a peer is to sit and vote in the House \nof Lords.\" David M. Walker, The Oxford Companion to Law \n942 (1980). \npeer-reviewed journal. (1980) A publication whose \npractice is to forward submitted articles to disinterested \nexperts who screen them for scholarly or scientific reli\nability so that articles actually published have already \nwithstood expert scrutiny and comment. \npeer-review organization. (1978) A governmental \nagency that monitors health-regulation compliance \nby private hospitals requesting public funds (such as \nMedicare payments). -Abbr. PRO. [Cases: Health \npeer-review privilege. See PRIVILEG E (3). \npeers of fees. Rist. Vassals or tenants of the same lord \nwho judged disputes arising out of fees. \npeine forte et dure (pen for tay door or payn fort ay \ndyoor). [French \"strong and hard punishment\") Hist. \nThe punishment of an alleged felon who refused to \nplead, consisting of pressing or crushing the person's \nbody under heavy weights until the accused either \npleaded or died. \n\"In all other felonies, however, the punishment of peine \nforte et dure was, until lately, denounced as the conse\nquence of an obstinate silence. The greatest caution and \ndeliberation were indeed to be exercised before it was \nresorted to; and the prisoner was not only to have 'trina \nadmonitio,' but a respite of a few hours, and the sentence \nwas to be distinctly read to him, that he might be fully \naware of the penalty he was incurring.\" 1 Joseph Chitty, \nA Practical Treatise on the Criminal Law 425-26 (2d ed. \n1826). \n\"In old English law, a person charged with felony who, \nrefusing to accept jury trial, was pressed to death (peine \nforte et dure), was not regarded as committing suicide, so \nthat he did not forfeit his property.\" Glanville Williams, The \nSanctity ofLife and the Criminal Law 270 n.4 (1957). \npell. See CLERK OF THE PELLS. \npellex (pel-eks)."}
{"text": "(1957). \npell. See CLERK OF THE PELLS. \npellex (pel-eks). n. [Latin] Roman law. A concubine. \npenal (pee-ndl), adj. (15c) Of, relating to, or being a \npenalty or punishment, esp. for a crime. \n\"The general rule is that penal statutes are to be construed \nstrictly. By the word 'penal' in this connection is meant not \nonly such statutes as in terms impose a fine, or corporal \npunishment, or forfeiture as a consequence of violating \nlaws, but also all acts which impose by way of punish\nment damages beyond compensation for the benefit of the \ninjured party, or which impose any special burden, or take \naway or impair any privilege or right.\" William M. Lile et aI., \nBriefMaking and the Use ofLaw Books 344 (3d ed. 1914). \n\"The word penal connotes some form of punishment \nimposed on an individual by the authority of the state. \n\n1247 \nWhere the primary purpose of a statute is expressly \nenforceable by fine, imprisonment, or similar punish\nment the statute is always construed as penal.\" 3 Norman \nJ. Singer, Sutherland Statutes and Statutory Construction \n 59.01, at 1 (4th ed. 1986). \npenal action. See ACTION (4). \npenal bill. See penal bond under BOND (2). \npenal bond. See BOND (2). \npenal clause. See PENALTY CLAUSE. \npenal code. (1Sc) A compilation of criminal laws, usu. \ndefining and categorizing the offenses and setting forth \ntheir respective punishments. -Also termed criminal \ncode. See MODEL PENAL CODE. \npenal colony. A remote place of detention for convicts \nand political prisoners, usu. in an isolated part of a \nnation or in a nation's extraterritorial holdings . His\ntorical examples include the Soviet Union's gulags in \nSiberia and France's penal colony on Devil's Island off \nthe coast ofGuiana. \npenal custody. See CUSTODY (1). \npenal institution. See PRISON. \npenal law. 1. See penal statute under STATUTE. 2. See \nCRIMINAL LAW. \npenal liability. See LIABILITY. \npenal redress. See REDRESS. \npenal sanction. See criminal sanction under SANCTION. \npenal servitude. Confinement in prison with hard labor. \nSee HARD LABOR. Cf. IMPRISONMENT. \npenal statute. See STATUTE. \npenal sum. (l7c) Ihe monetary amount specified as a \npenalty in a penal bond. See penal bond under BOND \n(2). \npenalty. (lSc) 1. Punishment imposed on a wrongdoer, \nusu. in the form of imprisonment or fine; esp., a sum \nofmoney exacted as punishment for either a wrong to \nthe state or a civil wrong (as distinguished from com\npensation for the injured party's loss) . Ihough usu. \nfor crimes, penalties are also sometimes imposed for \ncivil wrongs. [Cases: Penalties \ncivil penalty. (l7c) A fine assessed for a violation of a \nstatute or regulation <the EPA levied a civil penalty \nof$10,000 on the manufacturer for exceeding its pol\nlution limits>. \nstatutory penalty. (ISc) A penalty imposed for a statu\ntory violation; esp., a penalty imposing automatic lia\nbility on a wrongdoer for violation ofa statute's terms \nwithout reference to any actual damages suffered. \n[Cases: Penalties \n2. An extra charge against a party who violates a con\ntractual provision. \nprepayment penalty. (1948) A charge assessed against \na borrower who elects to payoff a loan before it is due. \n[Cases: Bills and Notes C:-c429; Mortgages <8='29S(1); \nUsury C-::::61.J pendent \n3. Excessive stipulated damages that a contract purports \nto impose on a party that breaches. If the damages \nare excessive enough to be considered a penalty, a court \nwill usu. not enforce that particular provision of the \ncontract. Some contracts specify that a given sum of \ndamages is intended \"as liquidated damages and not as \na penalty\" -but even that language is not foolproof. \n[Cases: Damages C==>SO.j4. PENALTY CLAUSE. \n\"A penalty is a sum which a party ... agrees to payor \nforfeit in the event of a breach, but which is fixed, not \nas a pre-estimate of probable actual damages, but as a \npunishment, the threat of which is designed to prevent \nthe breach, or as security, where the sum is deposited or \nthe covenant to pay is joined in by one or more sureties, \nto insure that the person injured shall collect his actual \ndamages. Penalties ... are not recoverable or retainable \nas such by the person in whose favor they are framed ....\" \nCharles T. McCormick, Handbook on the Law of Damages \n 146, at 600 (1935). \npenalty clause. (1843) A contractual provision that \nassesses against a defaulting party an excessive \nmonetary charge unrelated to actual harm. Penalty \nclauses are generally unenforceable. -Often short\nened to penalty_ -Also termed penal clause. Cf. LIQ\nUIDATED-DAMAGES CLAUSE; LlMITATION-OF-REMEDIES \nCLAUSE. [Cases: Damages C==>76, SO.) \n\"It not infrequently happens that contracts provide for what \nis to happen in the event of a breach by the parties, or \nby one of them. Such provisions may be perfectly simple \nattempts to avoid future disputes, and to quantify the \nprobable amount of any loss. That is unobjectionable. \nBut sometimes clauses of this kind are not designed to \nquantify the amount of the probable loss, but are designed \nto terrorize, or frighten, the party into performance. For \nexample, a contract may provide that the promisor is to \npay 5 on a certain event, but if he fails to do so, he must \nthen pay 500. Now a clause of that kind is called a penalty \nclause by lawyers, and for several hundred years it has \nbeen the law that such promises cannot be enforced. The \nstandard justification for the law here is that it is unfair \nand unconscionable to enforce clauses which are designed \nto act in terrorem.\" P.S. Atiyah, Promises, Morals, and Law \n57-58 (1981) \npenalty phase. (1959) The part of a criminal trial in \nwhich the fact-finder determines the punishment for a \ndefendant who has been found guilty. -Also termed \nsentencing phase. Cf. GUIl.T PHASE. [Cases: Sentencing \nand Punishment C='325, 1774.) \npenalty point. A punishment levied for a traffic offense \nand accumulated on the driver's record . If a driver \nreceives a statutorily set number of points, the driver's \nlicense may be restricted, suspended, or terminated. \n[Cases: Automobiles 144.1(3).) \npenance. Eccles. law. A punishment assessed by an eccle\nsiastical court for some spiritual offense. \npend, vb. (I8c) (Of a lawsuit) to be awaiting decision or \nsettlement. \npendency (pen-dan-see), n. (l7c) The state or condition \nofbeing pending or continuing undecided. \npendens. See LIS PENDENS. \npendent (pen-d,mt), adj. (ISc) 1. Not yet decided; \npending <a pendent action>. 2. Of or relating to \npendent jurisdiction or pendent-party jurisdiction \n\n<pendent parties>. [Cases; Federal Courts 14.1.J \n3. Contingent; dependent <pendent upon a different \nclaim>. \npendent-claim jurisdiction. See pendent jurisdiction \nunder JURISDICTION. \npendente lite (pen-den-tee iI-tee), adv. [Latin \"while the \naction is pending\"] During the proceeding or litigation; \nin a manner contingent on the outcome oflitigation. \nAlso termed lite pendente. Cf. LIS PENDENS. \npendente lite administration. See administration \npendente lite under ADMINISTRATION. \npendente processu (pen-den-tee pra-ses-[y]oo). [Law \nLatin] Hist. During the pendency ofthe process. \npendentes fructus (pen-den-teez [frak-t;~sD. [Latin] Hist. \nHanging fruits . 'Ihese fruits -as distinguished from \nfruits that have been gathered -must be restored to a \nreal owner who defeats the claims of a bona fide pos\nsessor. -Sometimes shortened to pendentes. \npendente tutela (pen-den-tee t[y]oo-tee-l<l). [Latin] Hist. \nDuring the tutory. \npendent jurisdiction. See JURISDICTION. \npendent-party jurisdiction. See JURISDICTION. \npendent-venue doctrine. The principle that once venue \nis established for a federal claim, proof of venue for \nadditional federal claims, cross-claims, and counter\nclaims is unnecessary. [Cases: Federal Courts \npending, prep. (17c) 1. 'Ihroughout the continuance \nof; during <in escrow pending arbitration>. 2. While \nawaiting; until <the injunction was in force pending \ntrial>. \npending, adj. (l7c) 1. Remaining undecided; awaiting \ndecision <a pending case>. 2. Parliamentary law. (Of \na motion) under consideration; moved by a member \nand stated by the chair as a question for the meeting's \nconsideration. See CONSIDERATION (2); ON THE FLOOR. \n A motion may be immediately pending, meaning that \nit is directly under consideration, being the last motion \nstated by the chair and next in line for a vote; or it may \nbe pending subject to other motions of higher rank that \nhave taken precedence over it. See immediately pending \nmotion and pending motion under MOTION (2). \npending motion. See MOTION (2). \npending-ordinance doctrine. The principle that a \nmunicipality may properly deny an application for a \nproperty use that, although it would satisfy existing \nlaw, would violate a law that is pending when the appli\ncation is made. This doctrine was judicially created, \nmainly to short-circuit landowners' attempts to cir\ncumvent a new ordinance by applying for a noncon\nforming use on the eve ofits approval. [Cases: Zoning \nand Planning \npenetration, n. l. Criminal law. The entry of the penis \nor some other part of the body or a foreign object into \nthe vagina or other bodily orifice . This is the typical \nmeaning today in statutes defining sexual offenses. \nAlso termed intromission. See RAPE (1). [Cases: Rape 2. 'lbe depth reached by a bullet or other projec\ntile in something against which the projectile is fired. \n3. The act of piercing or passing something into or \nthrough a body or object. -penetrate, vb. \npenetration pricing. Pricing of a new product below its \nanticipated market price to enter a market and capture \nmarket share by breaking down existing brand loyal\nties. \npenitentiary (pen-a-ten-sha-ree), n. (1807) A correc\ntional facility or other place oflong-term confinement \nfor convicted criminals; PRISON. [Cases; Prisons \n213.] -penitentiary, adj. \npenitentiary misdemeanor. See serious misdemeanor \nunder MISDEMEANOR. \nPennoyer rule (p<'l-noY-<lr). (1968) The principle that \na court may not issue a personal judgment against a \ndefendant over whom it has no personal jurisdiction. \nPennoyer v. Neff, 95 U.S. 714 (1877). [Cases: Judgment \n016.] \nPennsylvania rule. Torts. The principle that a tortfea\nsar who violates a statute in the process of causing an \ninjury has the burden of showing that the violation \ndid not cause the injury. The Pennsylvania, 86 U.S. \n(19 Wall.) 125, 136 (1874). [Cases: Collision 123; \nShipping (;:::;'86(2.3).] \npenny stock. See STOCK. \npenology (pee-nol-<'l-jee), n. (1838) The study of penal \ninstitutions, crime prevention, and the punishment and \nrehabilitation of criminals, including the art of fitting \nthe right treatment to an offender. Cf. CRIMINOLOGY. \npenological (pee-n<l-loj-i-k<ll), ad}. -penologist (pee\nnol-<'l-jist), n. \npen register. (1953) A mechanical device that logs dialed \ntelephone numbers by monitoring electrical impulses. \n Because a pen register does not record the telephone \nconversation, it may not constitute a Fourth Amend\nment search requiring a search warrant (though it does \nneed a court order). Some states, however, do consider \nthe use of a pen register invasive enough to require a \nsearch warrant. Cf. WIRETAPPING. [Cases; Telecom\nmunications \npensio (pen-shee-oh), n. [Latin] Roman & civil law. A \npayment for the use of a thing, such as rent for the use \nof another's house. \npension. (16c) A fixed sum paid regularly to a person (or \nto the person's beneficiaries), esp. by an employer as a \nretirement benefit. Cf. ANNUITY (3). [Cases: Labor and \nEmployment C=419.] \nvested pension. A pension in which an employee (or \nemployee's estate) has rights to benefits purchased \nwith the employer's contributions to the plan, even if \nthe employee is no longer employed by this employer \nat the time of retirement.  The vesting of qualified \npension plans is governed by ERISA. See EMPLOYEE \nRETIREMENT INCOME SECURITY ACT. [Cases: Labor \nand Employment \n\n1249 \nPension and Welfare Benefits Administration. A unit \nin the U.S. Department of Labor that was responsi\nble for regulating employee pension plans under the \nEmployees Retirement I ncome Security Act (ERISA) "}
{"text": "was responsi\nble for regulating employee pension plans under the \nEmployees Retirement I ncome Security Act (ERISA) \nand for enforcing the Act through its field offices. _ It \nhas been replaced by the Employee Benefits Security \nAdministration. Abbr. PWBA. [Cases: Labor and \nEmployment C:::>408.] \nPension Benefit Guaranty Corporation. A self-financ\ning federal corporation that guarantees payment of \npension benefits in covered benefit pension plans. -\nAbbr. PBGC. [Cases: Labor and Employment \n522.] \npensioner. A recipient or beneficiary of a pension plan. \n[Cases: Labor and Employment C:::>S34.] \npension plan. 1. Under ERISA, any plan, fund, or \nprogram established or maintained by an employer \nor an employee organization that provides retire\nment income to employees or results in a deferral of \nincome by employees extending to the termination of \nemployment or beyond. 29 USCA  1002(2)(A). [Cases: \nLabor and Employment C:::>419.] 2. Under the Internal \nRevenue Code, an employer's plan established and \nmaintained primarily to provide systematically for the \npayment ofdefinitely determinable benefits to employ\nees over a period ofyears, usu. for life, after retirement. \nSee EMPLOYEE RETIREMENT INCOME SECURITY ACT. Cf. \nEMPLOYEE BENEFIT PLAN. \ncontributory pension plan. A pension plan funded by \nboth employer and employee contributions. [Cases: \nLabor and Employment C=419.] \ndefined-benefit pension plan. A pension plan in which \nan employer commits to paying an employee a specific \nbenefit for life beginning at retirement. -The amount \nofthe benefit is based on factors such as age, earnings, \nand years ofservice. [Cases: Labor and Employment \n(~422.] \ndefined-contribution pension plan. See defined-contri\nbution plan under EMPLOYEE BENEFIT PLAN. \ndefined pension plan. A pension plan in which \nthe employer promises specific benefits to each \nemployee. Also termed fixed-benefit plan. (Cases: \nLabor and Employment (>::>422.J \nnoncontributory pension plan. A pension plan funded \nsolely by the employer's contributions. [Cases: Labor \nand Employment C:::>419.] \nnonqualified pension plan. A deferred-compensa\ntion plan in which an executive increases retirement \nbenefits by annual additional contributions to the \ncompany's basic plan. [Cases: Labor and Employ\nment (;::)430.] \nqualified pension plan. A pension plan that complies \nwith federal law (ERISA) and thus allows the \nemployee to receive tax benefits for contributions and \ntax-deferred investment growth. - Often shortened \nto qualified plan. [Cases: Labor and Employment C:::> \n419,430.] peonage \ntop-hat pension plan. An unfunded pension plan \nthat is maintained by an employer primarily for the \npurpose of providing deferred compensation for a \nselect group of managers or highly paid employees. \n-Top-hat plans are generally not subject to the broad \nremedial provisions of ERISA because Congress rec\nognized that certain individuals, by virtue of position \nor compensation level, can substantially influence the \ndesign or operation of their deferred -compensation \nplans. -Often shortened to top-hat plan. [Cases: \nLabor and Employment C:::>432.] \npension trust. See TRUST. \nPentagon Force Protection Agency. A unit in the U.S. \nDepartment of Defense responsible for operating the \nPentagon police force and providing basic law enforce\nment and security for the Pentagon and other military \ninstallations in the Washington, D.C. area. -The \nAgency was formed after the Pentagon was attacked \non 11 September 2001. -Abbr. PFPA. \npenumbra (pi-n3m-br;)), n. (18c) A surrounding area or \nperiphery of uncertain extent.  In constitutional law, \nthe Supreme Court has ruled that the specific guaran\ntees in the Bill of Rights have penumbras containing \nimplied rights, esp. the right ofprivacy. PI. penumbras, \npenumbrae (pi-n3m-bree). -penumbral (pi-n3m\nbrdl), adj. \n\"Problems of fringe meaning are sometimes spoken of as \n'problems of the penumbra', the point being that, in the \ncase of a great many words, there is no doubt about the \nhard core of their meanings, but different views may well \nbe taken on the question whether the words are appli\ncable to things or situations outside that hard core: Rupert \nCross, Statutory Interpretation 57 (1976). \npenuria peritorum (p<l-nyoor-ee-a per-i-tor-<lm). [Latin] \nHist. A scarcity of (legally) skilled men. -The phrase \nappeared in reference to the grantor's lack of proper \nassistance in preparing and executing a conveyance. \npenuria testium (p<l-nyoor-ee-;) tes-tee-<lm). [Latin] Hist. \nA scarcity of witnesses. \n\"The disqualifications formerly attaching to witnesses, \nand especially that of relationship, were sometimes disre \ngarded in occult or private facts, where there must, from \nthe nature of the case, be a scarcity of unexceptionable \nwitnesses .... It was not enough in this sense, to constitute \na penuria testium, to prove that the other eVidence was \nscanty and defective; it had to be shown farther that the \npenuria was necessarily occasioned by the very nature of \nthe question at issue.\" William Bell, Bell's Dictionary and \nDigest ofthe Law ofScotland 798 (George Watson ed., 7th \ned. 1890). \npeonage (pee-<l-nij), n. (1844) Illegal and involuntary \nservitude in satisfaction of a debt. [Cases: Slaves (;::> \n24.] -peon, n. \n\"Peonage, which is a term descriptive of a condition that \nexisted in Spanish America, and especially in Mexico, and \nin the territory of New Mexico, and which may be defined \nas the status or condition of compulsory service based \nupon the indebtedness of the peon to the master, the basic \nfact being the indebtedness, is abolished and prohibited by \nan act of Congress which further declares that any statute, \nresolution, regulation, ordinance, or usage of any territory \nor state designed or operating to establish, maintain, or \nenforce, directly or indirectly, the voluntary or involuntary \n\n1250 people \nservice or labor of any persons as peons, in liquidation of \nany debt or obligation, or otherwise, shall be null and void \n[42 USCA  1994].\" 45 Am. Jur. 2d Involuntary Servitude \nand Peonage  10, at 935-36 (1969). \npeople. (usu. cap.) (180i) The citizens of a state as rep\nresented by the prosecution in a criminal case <People \nv. Snyder>. \npeople's court. (1912) 1. A court in which individuals \ncan resolve small disputes. See small-claims court under \nCOURT. [Cases: Courts ~174.LI [Cases: Courts \n174.] 2. Hist. (cap.) In Nazi Germany, a tribunal that \ndealt with political offenses . In German, Volksger\nichtshof \npeople-smuggling. The crime ofhelping a person enter a \ncountry illegally in return for a fee. Cf. human traffick\ning under TRAFFICKING; SMUGGLING. [Cases: Aliens, \nImmigration, and Citizenship ~776.] \npeppercorn. A small or insignificant thing or amount; \nnominal consideration <the contract was upheld despite \ninvolving mere peppercorn>. See nominal consideration \nunder CONSIDERATION; peppercorn rent under RENT. \n[Cases: Contracts ~54.] \npeppercorn rent. See RENT. \nper (pdr), prep. [Latin] (14c) 1. Through; by <the dissent, \nper Justice Thomas>. 2. For each; for every <55 miles \nper hour>. 3. In accordance with the terms of; accord\ning to <per the contract>. \nper aequipollens (pdr ee-kwi-pol-enz). [Latin] Hist. By \nan equivalent. \nper aes et libram (pdr ees et h-brdm). [Latin] Roman \nlaw. By bronze (or copper) and scales. The phrase \ntypically referred to the fictitious sale in a mancipation \nduring which the purchaser struck the scales with a \npiece ofbronze or copper and then gave it to the seller \nas a symbol ofthe price. See MANCIPATION. \nper aHum stetit (pdr ay-ee-dm stet-it). [Latin] Hist. It was \nowing to (something done by) another. \nper ambages (pdr am-bay-jeez). [Latin] Hist. Indirectly; \nevasively. \nperambulation. The act or custom of walking around \nthe boundaries ofa piece ofland, either to confirm the \nboundaries or to preserve evidence of them. \nperambulatione facienda. See DE PERAMBULATIONE \nFACIENDA. \nper annum (pdr an-dm), adv. [Latin] (16c) By, for, or \nin each year; annually <interest of eight percent per \nannum>. \nPIE ratio. abbr. PRICE-EARNINGS RATIO. \nper autre vie. See PUR AUTRE VIE. \nper aversionem (pdr d-vdr-zhee-oh-ndm). [Latin \"for a \nlump sum\"] Roman 6-civil law. Ofor relating to a sale \nin which goods are taken in bulk or land is bought by \nestimation ofthe number ofacres. This type ofsale is \nso called because the buyer \"turns away\" from a careful \nscrutiny of the things purchased. \"It is a fundamental principle, pervading everywhere the \ndoctrine of sales of chattels, that if the goods of differ\nent value be sold in bulk, and not separately, and for a \nsingle price, or per aversionem, in the language of the \ncivilians, the sale is perfect, and the risk with the buyer; \nbut if they be sold by number, weight, or measure, the \nsale is incomplete, and the risk continues with the seller, \nuntil the speCific property be separated and identified.\" 2 \nJames Kent, Commentaries on American Law *496 (George \nComstock ed., 11th ed. 1866). \nper bouche (pdr boosh). [Law French] By the mouth; \norally. \nper capita (pdr kap-i-td), adj. [Latin \"by the head\"] (17c) \n1. Divided equally among all individuals, usu. in the \nsame class <the court will distribute the property to \nthe descendants on a per capita basis>. Cf. PER STIRPES. \n[Cases: Descent and Distribution Wills \n530.] \n\"Per capita means taking as an individual and not as a \nrepresentative of an ancestor. Suppose the testator ... with \nthree living children and three grandchildren who are the \nissue of a deceased son, had desired and had so stated \nin his will that his own children and the children of his \ndeceased son should share equally in the estate. In that \nevent the estate would be divided into six parts and each \nof the three children and each of the three grandchildren \nwould receive an equal portion of the total estate namely, \nonesixth.\" Gilbert Thomas Stephenson, Wills 30 (934). \nper capita with representation. (1935) Divided equally \namong all members of a class of takers, including \nthose who have predeceased the testator, so that no \nfamily stocks are cut off by the prior death ofa taker. \n For example, ifT (the testator) has three children \nA, B, and C and C has two children but predeceases \nT, C's children will still take C's share when T's estate \nis distributed. \n2. Allocated to each person; possessed by each indi\nvidual <the average annual per capita income has \nincreased over the last two years>. per capita, adv. \nper capita tax. See poll tax under TAX. \npercentage depletion. Oil 6-gas. A method of allowing \na taxpayer who owns an economic interest in a pro\nducing oil or gas well to deduct a specified percentage \nof the gross income from the well in lieu of depleting \nthe actual basis. 26 USCA  611. Cf. COST DEPLETION. \n[Cases: Internal Revenue 03493.] \npercentage game. See GAME. \npercentage lease. See LEASE. \npercentage-of-completion method. See ACCOUNTING \nMETHOD. \npercentage order. See ORDER (8). \nperception. 1. An observation, awareness, or realiza\ntion, usu. based on physical sensation or experience; \nappreciation or cognition . The term includes both the \nactor's knowledge ofthe actual circumstances and the \nactor's erroneous but reasonable belief in the existence \nof nonexistent circumstances. 2. Roman & civil law. \nThe act oftaking into possession (as rents, profits, etc.), \nesp. by a bona fide possessor or usufructuary. Also \ntermed (in Roman law) perceptio (p;}r-sep-shee-oh). \n\n1251 perfect defense \npercepti sed non consumpti (p<'lr-Sep-tI sed non \nbn-samp-tI). [Latin] Hist. I;ruits gathered but not \nconsumed. \npercipient witness. See WITNESS. \npercolating water. See WATER. \nper collationem bonorum (P<'lf k<'l-lay-shee-oh-n<'lm \nb\"-nor-,,m). [Latin] Scots law. By bringing goods \nreceived into account (collation) . When heirs-at-Iaw, \nor heirs who had received from a deceased ancestor \nduring the ancestor's lifetime, wished to share in the \nlegitim fund, they had to bring in (to collate) what they \nhad received before the legitim could be shared out. See \nCOLLATION (2). \nper consequens (p<'lr kon-s<'l-kwenz). [Latin] By conse\nquence; consequently. \nper considerationem curiae (p<'lr k<'ln-sid-<'l-ray-shee-oh\nn<'lm kyoor-ee-ee). [Law Latin] By the consideration of \nthe court. \nper contra (P<'lf kon-tr<:1). [Latin] (16c) On"}
{"text": "of \nthe court. \nper contra (P<'lf kon-tr<:1). [Latin] (16c) On the other hand; \nto the contrary; by contrast. \nper cur. abbr. Per curiam. See per curiam opinion under \nOPINION (1). \nper curiam (p<:1r kyoor-ee-am), adv. & adj. [Latin] (I5c) \nBy the court as a whole. [Cases: Courts (;::::>107.] \nper curiam, n. See per curiam opinion under OPINION \n(1). \nper curiam opinion. See OPINION (1). \nper diem (p<'lrdh}m or dee-am), adv. [Latin] (15c) By the \nday; for each day. Cf. IN DIEM. \nper diem, adj. (18c) Based on or calculated by the day \n<per diem interest>. \nper diem. n. (1812) 1. A monetary daily allowance, usu. \nto cover expenses. 2. A daily fee. \nperdonatio utlagariae (par-d<:1-nay-shee-oh <'It-l<'l-gair\nee-ee). [Law Latin \"pardon ofoutlawry\"] Hist. A pardon \ngiven to a person outlawed for failing to obey a court's \nsummons . A person who voluntarily surrendered was \neligible for this type ofpardon. \nperduellio (par-dlyJoo-el-ee-oh), n. [Latin \"treason\"] \nRoman law. The crime of hostility to one's native \ncountry; treasonous conduct, such as joining the enemy \nor deserting the battlefield . This term corresponds \nto the English phrase high treason. In the Roman \nrepublic, several acts might constitute perduellio, such \nas assuming regal power; trying to subvert, by violence, \nthe established form of government, esp. by foment\ning internal rebellion; and promoting the designs \nof external foes. Perduellio was later absorbed into a \nbroader category ofcrimes against the state, the crimen \nlaesae majestatis. Also termed (in English) perduel\nlion (p;3r-d[y]oo-el-Y<:1n). See CRIMEN MAJESTATIS. \nperdurable (par-d[yJuur-a-b;3l), adj. (15c) (Of an estate in \nland) lasting or enduring; durable; permanent. peregrinus (per+gn-n;3s), n. Roman law. A free person \nwho was not a Roman citizen; a free foreigner. PI. per\negrini. \nperempt (p<:1r-empt), vb. 1. Civil law. To quash, do away \nwith, or extinguish. 2. Slang. To exercise a peremptory \nchallenge. \nperemption (par-emp-shan), n. Civil law. A period of \ntime fixed by statute for the existence of a right. If \nthe right is not exercised during this period, it is extin\nguished. Whereas prescription simply bars a specific \nremedy, peremption bars the action itself. Cf. PRESCRIP\nTION (1). See STATUTE OF REPOSE. [Cases; Limitation of \nActions 165.] \nperemptoria litis et causae (par-emp-tor-ee-<'l II-tis et \nkaw-zee). [Law Latin] Hist. Decisive of the suit and \ncause. lne phrase appeared in reference to peremp\ntory defenses, to which there could be no reply. \nperemptory (p<'lr-emp-t;3-ree), adj. (15c) 1. Final; absolute; \nconclusive; incontrovertible <the king's peremptory \norder>. 2. Not requiring any shown cause; arbitrary \n<peremptory challenges>. \nperemptory, n. See peremptory challenge under CHAL\nLENGE (2). \nperemptory challenge. See CHALLENGE (2). \nperemptory day. See DAY. \nperemptory defense. See DEFENSE (1). \nperemptory exception. See EXCEPTION (1). \nperemptory instruction. See JURY INSTRUCTION. \nperemptory mandamus. See MANDAMUS. \nperemptory norm. See JUS COGENS (2). \nperemptory plea. See PLEA (}). \nperemptory rule. See RULE (1). \nperemptory strike. See peremptory challenge under \nCHALLENGE (2). \nperemptory writ. See WRIT. \nper eundem (p<:1r ee-an-d<:1m). [Latin] By the same . This \nterm often appears in the phrase per eundem in eadem \n(\"by the same judge in the same case\"). \nper expressum (p<:1r ek-spres-am). [Latin) Hist. Expressly; \nexplicitly. \nperfas aut nefas (paf fas awt nee-fas). [Latin] Hist. By \nlawful or unlawful means. \nperfect (par-fekt), vb. (14c) To take all legal steps needed \nto complete, secure, or record (a claim, right, or interest); \nto provide necessary public notice in final conformity \nwith the law <perfect a security interest> <perfect the \ntitle>. [Cases: Secured Transactions (;::;:>81.] \nperfect attestation clause. (1875) A testamentary provi\nsion asserting that all actions required to make a valid \ntestamentary disposition have been performed. [Cases: \nWills (;::::> 113,289,302(5).] \nperfect competition. See COMPETITION. \nperfect defense. See DEFENSE (1). \n\n1252 perfect duty \nperfect duty. See DUTY (1). \nperfected security interest. See SECURITY INTEREST. \nperfect equity. See EQUITY. \nperfect grant. See GRANT. \nperfecting amendment. See AMENDMENT (3). \nperfect instrument. See INSTRUMENT (3). \nperfection. Validation of a security interest as against \nother creditors, usu. by filing a statement with some \npublic office or by taking possession of the collateraL \nCf. ATTACHMENT (4). [Cases: Secured Transactions \n81-96,138-145.] \nautomatic perfection. Ibe self operative perfection of \na purchase-money security interest without filing or \nwithout possession of the collateral.  The security \ninterest is perfected simply by the attachment of the \nsecurity interest, without any additional steps. See \npurchase-money security interest under SECURITY \nINTEREST. [Cases: Secured Transactions C::='83, \n146.] \ntemporary perfection. The continuous perfection of a \nsecurity interest for a limited period . For example, \na security interest in proceeds from the original \ncollateral is perfected for ten days after the debtor \nreceives the proceeds; the interest will become unper\nfected after this ten-day period unless certain statu\ntory requirements are met. On most instruments, \na secured party who advances new value under a \nwritten security agreement obtains a 21-day perfec\ntion period, even if the secured party does not file a \nfinancing statement and the collateral remains with \nthe debtor. UCC  9-304(4). [Cases: Secured Transac\ntions 168.] \nperfect obligation. See OBLIGATION. \nperfect ownership. See OWNERSHIP. \nperfect right. See RIGHT. \nperfect self-defense. See SELF-DEFENSE. \nperfect tender. See TENDER (3). \nperfect-tender rule. (1970) Commercial law. The princi\nthat a buyer may reject a seller's goods ifthe quality, \nquantity, or delivery ofthe goods fails to conform pre\ncisely to the contract . Although the perfect-tender \nrule was adopted by the VCC ( 2-601), other Code \nprovisions such as the seller's right to cure after \nrejection have softened the rule's impact. Cf. SUB\nSTANTIAL-PERFORMANCE DOCTRINE. [Cases: Sales C::=' \n177.] \n\"At common law, a buyer of goods possessed a legal \nright to insist upon 'perfect tender' by the seller. If the \ngoods failed to conform exactly to the description in the \ncontract whether as to quality, quantity or manner of \ndelivery the buyer could reject the goods and rescind the \ncontract, which meant that the parties would be returned \nto the positions they occupied before the contract was \nentered into.\" Marvin A. Chireistein, Concepts and Case \nAnalysis in the Law ofContracts 112 (1990). \nperfect title. See TITLE (2). \nperfect trial. See TRIAL. perfect usufruct. See USUFRUCT. \nperfect war. See WAR. \nperfeloniam (p<:lr f<:l-loh-nee-<:lm). [Latin] Hist. With \ncriminal intent. \nperficere susceptum munus (p<:lr-fis-<:lr-ee s<:l-sep-tam \nmyoo-nJs). [Latin] Scots law. To perform the duties of \nan office undertaken . One assuming an office could \nnot then capriciously resign from the office. See REBUS \nINTEGRlS. \nperfidy (par-fa-dee). Int'llaw. A combatant's conduct \nthat creates the impression that an adversary is entitled \nto, or is obliged to accord, protection under interna\ntionallaw, when in fact the conduct is a ruse to gain \nan advantage . Acts of perfidy include feign ing an \nintent to negotiate under a flag of truce, or feigning \nprotected status by using signs, emblems, or uniforms \nof the United Nations or of a neutral country. \nper formam doni (par for-mam doh-nr). [Law Latin] \nBy the form of the gift; by the designation of the giver \nrather than by operation oflaw. \nperformance, n. (16c) 1. The successful completion of \na contractual duty, usu. resulting in the performer's \nrelease from any past or future liability; EXECUTION \n(2). Also termed full performance. Cf. NONPERFOR\nMANCE; MISPERFORMA~CE. [Cases: Contracts \n275.] \ndefective performance. (1832) A performance that, \nwhether partial or full, does not wholly comply with \nthe contract. One example is late performance. \n[Cases: Contracts C::='280(1), 302.] \nfuture performance. (17c) Performance in the future \nof an obligation that will become due under a \ncontract. \nmisperformance. See MISPERFORMANCE. \nnonperformance. See NONPERFORMANCE. \npartperformance. (I8c) 1. The accomplishment of some \nbut not all ofone's contractual obligations. [Cases: \nContractsC::=> 319.] 2. A party's execution, in reliance \non an opposing party's oral promise, ofenough ofan \noral contract's requirements that a court may hold the \nstatute offrauds not to apply. [Cases: Frauds, Statute \nofC:::>129.]3. PART-PERFORMANCE DOCTRINE. \nspecific performance. See SPECIFIC PERFORMANCE. \nsubstantial performance. (18c) Performance of the \nprimary, necessary terms of an agreement. See SUB\nSTANTIAL-PERFORMANCE DOCTRINE. [Cases: Con\ntracts C::='293.] \nvicarious performance. Performance carried by an \nemployee, agent, or other nominee. \n\"It is necessary ... to distinguish between assignment \nof a contractual liability and vicarious performance of a \ncontract. Normally a person who contracts to do something \nmust do it himself. But in the case of a duty of performance \nwhich involves no personal element, so that it does not \nmatter to the other party who does the promised act, so \nlong as it is done in accordance with the contract, the party \nliable may do it by a servant or agent or other nominee. \nThis is not an assignment of the contractual liability, for \n\n1253 perimere causam \nthe original contractor remains liable and if the deputy has \ndone the work badly it is not the deputy but the contractor \nhimself who is answerable to the other party.\" 2 Stephen's \nCommentaries on the Laws of England 76-77 (L. Crispin \nWarmington ed., 21st ed. 1950). \n2. The equitable doctrine by which acts consistent with \nan intention to fulfill an obligation are construed to \nbe in fulfillment of that obligation, even if the party \nwas silent on the point. 3. A company's earnings. 4. \nThe ability of a corporation to maintain or increase \nearnings. \nperformance bond. 1. A bond given by a surety to ensure \nthe timely performance ofa contract. -In major inter\nnational agreements, performance bonds are typically \nissued by banks, but sometimes also by insurance com\npanies. The face amount ofthe bond is typically 2% \nof the value ofperformance, but occasionally as much \nas 5%. [Cases: Principal and Surety ~'59-87; Public \nContracts C=4S.)2. A third party's agreement to guar\nantee the completion of a construction contract upon \nthe default of the general contractor. Also termed \ncompletion bond; surety bond; contract bond. Cf. com\nmon-law bond under BOND (2). [Cases: Principal and \nSuretyC=82.) \nnonoperative performance bond. A performance bond \nthat is not currently in effect but is activated upon \nthe issuance of the buyer's letter of credit or other \napproved financing. \noperative performance bond. A performance bond that \nhas been activated by the issuance ofthe buyer's letter \nof credit or other approved financing. [Cases: Public \nContracts \nrevolvingperformance bond. A performance bond that \nis in effect on a continuing basis for the duration of \nthe contract, usu. plus an additional number of days \n(often 45). \nup-front performance bond. A performance bond \ngiven before the issuance ofthe buyer's letter ofcredit \nor other financing. \nperformance bonus. See BONUS. \nperformance contract. See CONTRACT. \nperformance fund. See MUTUAL FUND. \nperformance plan. A bonus compensation plan in \nwhich executives are paid according to the company's \ngrowth. \nperformance right. A copyright holder's exclusive right \nto recite, play, act, show, or otherwise render the pro\ntected work publicly, whether directly or by technologi\ncal means (as by broadcasting the work on television). \n-Every public performance of a copyrighted work \nrequires authorization from the copyright owner or its \nrepresentative, unless a statutory ephemeral-rec"}
{"text": "ed work \nrequires authorization from the copyright owner or its \nrepresentative, unless a statutory ephemeral-recording \nexemption applies. -Also termed public-performance \nright. [Cases: Copyrights and Intellectual Property C:::::o \n36.] \nperformance shares. Stock given to an executive when \nthe corporation meets a performance objective. performance specification. See STATEMENT OF WORK. \nperformance stock. See glamour stock under STOCK. \nper fraudem (par fraw-dam), adv. [Latin] By fraud; \nfraudulently. \npericulo petentis (p<l-rik-ya-Ioh pa-ten-tis). [Latin] Hist. \nAt the risk of the person seeking. - A private person \nwas liable in damages for a judicial warrant wrongfully \nissued at that person's insistence. \n\"[AI creditor seeking a warrant for the apprehension of \nhis debtor as in meditatione fugae, obtains it periculo \npetentis, and he, not the judge, will be liable in damages if \nthe debtor can show that the obtaining of the warrant and \nthe using of it were illegal.\" John Trayner, Trayner's Latin \nMaxims 454 (4th ed. 1894). \npericulosus (p<lr-ik-ya-Ioh-s<ls), adj. [Latin) Dangerous; \nperilous. \npericulum (p<J-rik-Y<J-I<Jm), n. [Latin) Civil law. Peril; \ndanger; risk. PI. pericula. \nperil. (Be) 1. Exposure to the risk ofinjury, damage, or \nloss <the perils oflitigation>. \ninescapable peril. (1933) A danger that one cannot \navoid without another's help. See LAST-CLEAR\nCHANCE DOCTRINE. [Cases: Negligence C=S30(l).) \n2. Insurance. The cause of a risk ofloss to person or \nproperty; esp., the cause ofa risk such as fire, accident, \ntheft, forgery, earthquake, flood, or illness <insured \nagainst all perils>. Cf. RISK (3). [Cases: Insurance \n2140,2219.) \nperil ofthe sea. An action of the elements at sea ofsuch \nforce as to overcome the strength ofa well-founded ship \nand the normal precautions of good marine practice. \n- A peril ofthe sea may relieve a carrier from liability \nfor the resulting losses. -Also termed danger ofnavi\ngation; danger ofriver; marine peril; marine risk; (in \nregard to the Great Lakes) perils ofthe lakes; danger \nofthe sea. [Cases: Insurance (,.'-:J2220; Shipping C= \n120.] \n\"Of the marine peri Is, by far the most im portant are \nthose 'of the seas'. What is covered is not any loss that \nmay happen on the sea, but fortuitous losses occurring \nthrough extraordinary action of the elements at sea, or \nany accident or mishap in navigation. By far the greatest \nnumber of claims for marine loss, and of the insurance \nproblems connected with other topics treated in this book \narise under this clause. Extraordinary action of the wind \nand waves is a sea peril. Collision, foundering, stranding, \nstriking on rocks and icebergs, are all covered under these \nwords. Even a swell from a passing ship may be a 'peril of \nthe sea'. On the other hand, ordinary wear and tear are not \nincluded under the coverage of this or any other phrase \nin the clause, nor are losses which are anticipatable as \nregular incidents of sea carriage in general or of naviga \ntion in a particular part of the world.\" Grant Gilmore & \nCharles L. Black Jr., The Law ofAdmiralty  2-9, at 72-73 \n(2d ed. 1975). \nperimere causam (pa-rim-;t-ree kaw-z<Jm). [Latin) Hist. \nTo put an end to the cause. -The phrase appeared in \nreference to the legal effect ofa peremptory defense. See \nperemptory defense under DEFENSE (1). \n\nperinatal 1254 \nperinatal (per-i-nayt-dl), adj. Ofor relating to the period \nfrom about the 12th week of gestation through the 28th \nday oflife. Cf. NEONATAL. \nper incuriam (pdf in.kyoor-ee-dm), adj. (Of a judicial \ndecision) wrongly decided, usu. because the judge or \njudges were ill-informed about the applicable law. \n'There is at least one exception to the rule of stare decisis, \nI refer to judgments rendered per incuriam. A judgment \nper incuriam is one which has been rendered inadver \ntently. Two examples come to mind: first, where the judge \nhas forgotten to take account of a previous decision to \nwhich the doctrine of stare decisis applies. For all the care \nwith which attorneys and judges may comb the case law, \nerrare humanum est, and sometimes a judgment which \nclarifies a point to be settled is somehow not indexed, and \nis forgotten, It is in cases such as these that ajudgment \nrendered in contradiction to a previous judgment that \nshould have been considered binding, and in ignorance \nof that judgment, with no mention of it, must be deemed \nrendered per incuriam; thus, it has no authority., . The \nsame applies to judgments rendered in ignorance of leg \nislation of which they should have taken account. For a \njudgment to be deemed per incuriam, that judgment must \nshow that the legislation was not invoked,\" Louis-Philippe \nPigeon, Drafting and Interpreting Legislation 60 (1988), \n\"As a general rule the only cases in which decisions should \nbe held to have been given per incuriam are those of deci \nsions given in ignorance or forgetfulness of some incon \nsistent statutory provision or of some authority binding on \nthe court concerned, so that in such cases some features \nof the decision or some step in the reasoning on which it is \nbased is found on that account to be demonstrably wrong. \nThis definition is not necessarily exhaustive, but cases not \nstrictly within it which can properly be held to have been \ndecided per incuriam, must in our judgment, consistently \nwith the stare decisis rule which is an essential part of our \nlaw, be of the rarest occurrence.\" Rupert Cross &J.W. Harris, \nPrecedent in English Law 149 (4th ed. 1991). \nperinde est ac si scriptum non esset (p<lr-in-dee est ak \n51 skrip-t<lm non es-et). [Latin) Scots law. It is the same \nas if it had not been written. _ A deed that failed to \nconvey the grantor's meaning adequately could not be \nsupplemented by extrinsic evidence and would be void \nfor uncertainty. \nperinfortunium (pdr in-for-t[y)oo-nee-<lm), adj. or adv. \n[Latin] By misadventure. _ At common law, when one \nperson killed another per infortunium, a conviction and \nroyal pardon were necessary even when there was no \nfault, See homicide per infortunium under HOMICIDE. \n\"'t may seem strange to modern minds that for centuries it \nwas a rule of our law that a man who killed another either \nby misadventure (per infortunium) or in reasonable self\ndefence (against an attack not itself felonious), although \nhe did not commit a felony, must yet be held guilty of \nunlawful homicide and require the King's pardon if he \nwere to escape punishment, and even if granted pardon \nwould still be liable to suffer forfeiture of his property; and \nthat he was exposed to claims for compensation from the \nfamily of the deceased;' J,W. Cecil Turner, Kenny's Outlines \nofCriminal Law 113 (l6th ed. 1952). \nper insidias et industriam (pdr In-sid-ee-<ls et in-das\ntree-dm), [Latin] Hist. By stratagem and on purpose; \nintentionally. \nperiodic alimony. See permanent alimony under \nALIMONY. \nperiodic audit. See AUDIT. periodic estate. See periodic tenancy under TENANCY, \nperiodic payment. See PAYMENT. \nperiodic-payment-plan certificate. See STOCK CERTIFI\nCATE. \nperiodic tenancy. See TENANCY. \nperiod ofprescription. The period fixed by local law as \nsufficient for obtaining or extinguishing a right through \nlapse oftime. -In addition to a fixed number ofyears, \nthe period includes whatever further time is allowed by \nlocal law because of infancy, insanity, coverture, and \nother like circumstances. See PRESCRIPTIVE RIGHT; \nPRESCRIPTION (3), (4), (5). \nperipheral right. See RIGHT. \nperiphrasis (pd-rif-rJ-sis), n. (l6c) A roundabout way of \nwriting or speaking; circumlocution, periphrastic \n(per-J-fras-tik), adj. \nperishable-food-disparagement act. See AGRICUL\nTL\"RAL-DISPARAGEMENT LAW. \nperjury (par-jJr-ee), n. (l4c) The act or an instance ofa \nperson's deliberately making material false or mislead\ning statements while under oath. -Also termed false \nswearing; false oath; (archaically) forswearing. [Cases: \nPerjury C=-1-12.) -perjure (p;)r-j<lr), vb. perjured \n(p3r-j<lrd), perjurious (pdr-juur-ee-ds), adj. perjuror \n(p3r-j<lr-<lr), n. \nperjury-trap doctrine. (1989) The principle that a \nperjury indictment against a person must be dismissed \nif the prosecution secures it by calling that person as a \ngrand-jury witness in an effort to obtain evidence for a \nperjury charge, esp. when the person's testimony does \nnot relate to issues material to the grand-jury's ongoing \ninvestigation. [Cases: Perjury C=-1O, 15.] \nperk, n. See PERQUISITE. \nper legem terrae (p<lr lee-jJm ter-ee). [Law Latin] By the \nlaw ofthe land; by due process oflaw. \nPerlman doctrine. The principle that a discovery order \ndirected at a disinterested third party is immediately \nappealable on the theory that the third party will not \nrisk contempt by refusing to comply. _ The doctrine \noriginated in Perlman v. United States, 247 US. 7, 13, \n38 S.Ct. 417, 420 (1918). The Court reasoned that the \nthird party's ability to protect his or her rights would \nbe thwarted ifthe party could not appeal immediately. \n[Cases: Criminal LawC=-1023(3); Federal CourtsC=\n574.] \npermanency hearing. See HEARING, \npermanency plan. A proposed written strategy for the \neventual permanent placement ofa child who has been \nremoved from his or her parents. _ A permanency plan, \nideally, provides either for the child's safe return to one \nor both parents or for the child's adoption. Ifneither of \nthese alternatives is possible, then the plan will provide \nfor long-term foster care, relative care, or guardianship. \nUnder the Adoption and Safe Families Act, long-term \nfoster care is the choice oflast resort. Also termed \npermanent plan. [Cases: Infants 226.) \n\n1255 \npermanency-planning hearing. See permanency hearing \nunder HEARING. \npermanent abode. See DOMICILE (1). \npermanent alimony. See ALIMONY. \npermanent allegiance. See ALLEGIANCE. \npermanent charge d'affaires. See CHARGE D'AFFAIRES. \npermanent committee. See standing committee under \nCOMMITTEE. \npermanent damages. See DAMAGES. \npermanent disability. See DISABILITY (2). \npermanent employment. See EMPLOYMENT. \npermanent financing. See FINANCING. \npermanent fixture. See FIXTURE. \npermanent injunction. See INJUNCTION. \npermanent injury. See INJURY. \npermanent law. See LAW. \npermanent nuisance. See NUISANCE. \npermanent plan. See PERMANENCY PLAN. \npermanent policy. See INSURANCE POLICY. \npermanent protective order. See PROTECTIVE ORDER. \npermanent statute. See perpetual statute under \nSTATUTE. \npermanent taking. See TAKING (2). \npermanent treaty. See TREATY (1). \npermanent trespass. See TRESPASS. \npermanent ward. See WARD. \nper membra curiae (p;)r mem-br;) kyoor-ee-ee). [Law \nLatin] Hist. By members of the court. \nper metas et bundas (p;)r mee-t;)s et b;,n-d;)s). [Law \nLatin] By metes and bounds. \nper minas. See duress per minas under DURESS. \npermissible appointee. See APPOINTEE. \npermissihle-repair doctrine. See REPAIR DOCTRINE. \npermission. (1Sc) 1. The act of permitting. 2. A license \nor liberty to do something; authorization. \nexpress permission. Permission that is clearly and \nunmistakably granted by actions or words, oral or \nwritten. \nimplied permission. 1. Permission that is inferred \nfrom words or actions. 2. See implied consent under \nCONSENT. \n3. Conduct that justifies others in belieVing that the \npossessor of property is willing to have them enter if \nthey want to do so. Cf. INVITATION. \npermissive abstention. See ABSTENTION. \npermissive counterclaim. See COUNTERCLAIM. \npermissive inference. See permissive presumption under \nPRESUMPTION. \npermissive joinder. See TOINDER. \npermissive presumption. See PRESUMPTION. per modum simp/icis querelae \npermissive statute. See STATUTE. \npermissive subject of bargaining. Labor law. An \nemployment or collective-bargaining issue, other than \na basic employment issue, that is not reqUired to be \nthe subject ofcollective bargaining but that cannot be \nimplemented by management without union approvaL \n For example, altering the scope ofthe bargaining unit "}
{"text": "but that cannot be \nimplemented by management without union approvaL \n For example, altering the scope ofthe bargaining unit \ndoes not affect a term or condition of employment, so \nit is a permissive, instead of mandatory, subject of bar\ngaining. Disagreement on a permissive subject ofbar\ngaining cannot be used as the basis for an impasse in \nnegotiating a collective-bargaining agreement, unlike \na mandatory subject ofbargaining. Often shortened \nto permissive subject. Cf. MANDATORY SUBJECT OF BAR\nGAINING. [Cases; Labor and Employment c=::> 1126.] \npermissive tenant. See tenant at sufferance under \nTENANT. \npermissive use. See USE (4). \npermissive waste. See WASTE (1). \npermit (p;,r-mit), n. (17c) A certificate evidencing per\nmission; a license <a gun permit>. \npermit (p<lr-mit), vb. (ISc) 1. To consent to formally \n<permit the inspection to be carried out>. 2. To give \nopportunity for <lax security permitted the escape>. 3. \nTo allow or admit of <if the law so permits>. \npermit bond. See license bond under BOND (2). \npermit card. Labor law. A document issued by a union \nto a nonunion member to allow the person to work on \na job covered by a union contract. \npermittee (p<lr-mi-tee). One who has permission to do \nsomething. \nsubpermittee. A person who receives permission to act \nfrom a permittee. \nper mitter Ie droit (pdr mit-<lr Id droyt). [Law French] \nHist. By passing the right.  Ihis described how releases \nbecame effective, as when a person disseised of land \nreleased the estate to the disseisor, at which time the \nright and possession combined to give the disseisor the \nentire estate. \nper mitter l'estate (p;)r mit-;)r l<l-stayt). [Law French] \nHist. By passing the estate. -This described the manner \nin which a joint tenant's right to an entire estate arose \nwhen the tenant received the remaining estate from the \nother joint tenant. \nper modum exceptionis (p;)r moh-d;)m ek-sep-shee-oh\nnis). [Latin) Hist. By way of exception. \nper modum gratiae (P<lf moh-d;)m gray-shee-ee). [Latin] \nHist. By way offavor. \nper modum justitiae (P;)f moh-d<lm jds-tish-ee-ee). \n[Latin] Hist. By way ofjustice. \nper modum poenae (p<lr moh-d;)m pee-nee). [Latin] Hist. \nBy way ofpenalty. \nper modum simplicis querelae (P;)f moh-d;)m sim\npH-sis kw;)-ree-lee). [Law Latin] Scots law. By way of \n\n1256 permutatio \nsimple complaint.  Some actions could be brought by \na complaint unaccompanied by formal summons. \npermutatio (p;n-myoo-tay-shee-oh), n. [Latin \n\"exchange\"] Roman law. An agreement for barter or \nexchange. The agreement became binding as soon \nas one party had transferred ownership of his thing \nto the other. PI. permutationes (pi3r-myoo-tay-shee\noh-neez). \npermutation. Civil law. Barter; exchange. \nper my etper tout (p<lr mee ay p<lr too[t]). [Law French] \nBy the half and by the whole . This phrase described \nthe estate held by joint tenants: by the hallfor purposes \nofsurvivorship, by the whole for purposes ofalienation. \nCf. PER TOUT ET NON PER MY. [Cases: Joint Tenancy \npernancy (p;lr-n;m-see). Hist. A taking or reception, as \nof the profits ofan estate. \npernor of profits (p<lr-n;}r or -nor). Hist. A person \nwho receives the profits of property; one who has the \npernancy of the profits. \nperp (pi3rp), n. Slang. Perpetrator <the police brought in \nthe perp for questioning>. See PERPETRATOR. \nperpars (p<lr-pahrz). [Law Latin, fr. Latin per partes \"by \nparts\"] See PURPART. \nperparts. See PURPART. \nperpetrate, vb. (16c) To commit or carry out (an act, \nesp. a crime) dind whoever perpetrated this heinous \ndeed>. perpetration, n. \nperpetrator. (16c) A person who commits a crime or \noffense. \nperpetua (p;}r-pech-oo-i3). See exceptio peremptoria \nunder EXCEPTIO. \nperpetual bond. See annuity bond under BOND (3). \nperpetual edict. See edictum perpetuum under \nEDICTUM. \nperpetual freehold. See FREEHOLD. \nperpetual injunction. See permanent injunction under \nINJUNCTION. \nperpetual lease. See LEASE. \nperpetually renewable lease. See LEASE. \nperpetual policy. See INSURANCE POLICY. \nperpetual statute. See STATUTE. \nperpetual succession. See SUCCESSION (4). \nperpetual trust. See TRUST. \nperpetuation of testimony. The means or procedure for \npreserving for future use witness testimony that might \notherwise be unavailable at trial. [Cases: Federal Civil \nProcedure Pretrial Procedure C=>61.] \nperpetuities, rule against. See RULE AGAINST PERPE\nTUITIES. \nperpetuity (p<lr-pa-t[y]oo-;}-tee). 1. The state ofcontinu\ning forever. 2. Hist. An unbarrable entail. 3. Hist. An \ninalienable interest. 4. An interest that does not take effect or vest within the period prescribed by law. In \nreference to the rule against perpetuities, only sense 4 is \nnow current. See RULE AGAINST PERPETUITIES. [Cases: \nPerpetuities \n\"A perpetuity is a thing odious in law, and destructive of \nthe Commonwealth; it would put a stop to commerce and \nprevent the circulation of the riches of the Kingdom, and \ntherefore is not to be countenanced in equity. If in equity \nyou could come nearer to a perpetuity than the rules of \nCommon Law would admit, all men being desirous to \ncontinue their estates in their families, would settle their \nestates by way of trust which might indeed make well for \nthe jurisdiction of the court, but would be destructive of \nthe commonwealth. (1683) 1 Vern. 163 (per Lord North) \n(as quoted in George W. Keeton, English Law: The Judicial \nContribution 118 (1974)). \nperpetuity of the king or queen. A fiction of English \nlaw that for political purposes the king or queen is \nimmortal; that is, a monarch dies, but the office is never \nvacant. \nper procurationem (pi3r prok-ya-ray-shee-oh-nam). \n[Latin] By proxy. Abbr. per pro.; p. proc.; p. pro.; \np.p. Also termed per procuration. \nperp walk. Slang. The act ofmaking a suspect in custody \nwalk before an audience, esp. members of the media . \nPerp is short for perpetrator. \nper quae servitia (pi3r kwee sJr-vish-ee-J). [Latin \"by \nwhich services\"] Hist. A real action by which the \ngrantee of a landed estate could compel the tenants of \nthe grantor to attorn to him. 1his action was abol\nished in the 19th century. \nperquisite (p;u-kwi-zit). (16c) A privilege or benefit given \nin addition to one's salary or regular wages. -Often \nshortened to perk. [Cases: Officers and Public Employ\neesC=>99.] \nperquisitor (pi3r-kwiz-i3-ti3r). [Latin \"a seeker out\"] Hist. \nA purchaser; esp., one who first acquires an estate by \nsale or gift. \nper quod (par kwod), adv. & ad). [Latin \"whereby\"] \n(17c) Requiring reference to additional facts; (of libel \nor slander) actionable only on allegation and proof \nof special damages. See actionable per quod under \nACTIONABLE; libel per quod under LIBEL; slander per \nquod under SLANDER. [Cases: Libel and Slander Cr--= \n1,33.] \nper quod consortium amisit (p;}r kwod bn-sor\nshee-<lm i3-mI-zit). [Law Latin] Hist. Whereby he lost \nthe company (of his Wife). This phrase was used in \na trespass declaration to describe the loss suffered by \na husband whose wife had been beaten or otherwise \nabused. [Cases: Husband and Wife C=>209(3).J \nper quod servitium amisit (p;}r kwod s;}r-vish-ee-i3m \ni3-mI-zit). [Law LatinJ Hist. Whereby he lost the services \n(of his servant) . This phrase was used in a trespass \ndeclaration to describe the loss suffered by a master \nwhose servant had been injured by another. [Cases: \nLabor and Employment Cr\"::) 127.] \n\n1257 \nper rescriptum principis (p~r ri-skrip-t~m prin-si\npis). [Latin] Roman law. By the prince's rescript; by an \nimperial written reply to a petition. \nPerringer release. See Pierringer release under RELEASE \n(2). \npersaltum (p~r sal-t~m). [Latin] Hist. Bya leap; without \nan intermediate step. \nper se (pdr say), adv. & adj. [Latin] (16c) 1. Of, in, or by \nitself; standing alone, without reference to additional \nfacts. See actionable per se under ACTIONABLE; libel per \nse under LIBEL; slander per se under SLANDER. 2. As a \nmatter oflaw. \npersecutio (p~r-sd-kyoo-shee-oh), n. [Latin] Roman law. \nA lawsuit or civil claim under cognitio extraordinaria. \nSee COGNITIO EXTRAORDINARIA. Pl. persecutiones \n(pdr-s~-kyoo-shee-oh-neez). \npersecution, n. Violent, cruel, and oppressive treatment \ndirected toward a person or group ofpersons because of \ntheir race, religion, sexual orientation, politics, or other \nbeliefs. See hate crime under CRIME. persecute, vb. \nper se deadly weapon. See deadly weapon per se under \nWEAPON. \npersequi (p;,}r-s~-kwI), vb. [Latin] Roman law. To claim \nthrough a judicial proceeding. \nper se rule. Antitrust. The judicial principle that a trade \npractice violates the Sherman Act simply ifthe practice \nis a restraint oftrade, regardless ofwhether it actually \nharms anyone. See SHERMAN ANTITRUST ACT. Cf. RULE \nOF REASON. \nper se violation. Antitrust. A trade practice (such as \nprice-fixing) that is considered inherently anticom\npetitive and injurious to the public without any need \nto determine whether it has actually injured market \ncompetition. \npersistent price discrimination. See PRICE DISCRIMI\nNATION. \nperson. (Be) 1. A human being. Also termed natural \nperson. \nabsent person. Louisiana law. A person who has no rep\nresentative in the state and whose whereabouts are not \nknown and cannot be ascertained by diligent effort. \nLa. Civ. Code art. 47. [Cases: Absentees C=>2.J \nadult disabled person. A child over the age of 18 for \nwhom a parent continues to have a duty of support. \nassociated person. See ASSOCIATED PERSON. \ndisabled person. (1872) A person who has a mental or \nphysical impairment. See DISABILITY. \ndisappeared person. See DISAPPEARED PERSON. \ndisplaced person. A person who remains within an \ninternationally recognized state border after being \nforced to flee a home or place of habitual residence \nbecause of armed conflict, internal strife, the gov\nernment's systematic violations ofhuman rights, or \na natural or man-made disaster. -Also termed inter-person \nnally displaced person. Cf. EVACUEE; REFUGEE. [Cases: \nAliens, Immigration, and Citizenship C=>S04., \ninterested person. (1844) A person having a property \nright in or claim against a thing, such as a trust or \ndecedent's estate. -The meaning may expand to \ninclude an entity, such as a business that is a creditor \nof a decedent. Abbr. IP. \nperson in loco parentis (in loh-koh p;J-ren-tis). (1827) \nA person who acts in place of a parent, either tem\nporarily (as a schoolteacher does) or indefinitely (as \na stepparent does); a person who has assumed the \nobligations of a parent without formally adopting \nthe child. See IN LOCO PARENTIS. [Cases: Parent and \nChild (;:::> IS.} \nperson in need ofsupervision. See child in need of \nsupervision under CHILD. Abbr. PINS. \nperson not deceased. A person who is either living or \nhas not yet been born. \nperson ofincidence. (1880) The person against whom \na right is enforceable; a person who owes a legal duty. \n-The meaning may expand to include an entity, such \nas an insurance company. \nperson ofinherence (in-heer-~nts). (1909) The person \nin whom a legal right is vested; the owner ofa right.  \nThe meaning may expand to include an entity. \nperson ofinterest. A person who is the subject of a \npolice investigation but who has not been identified \nby investigators as being suspected ofcommitting the \ncrime itself. \nperson ofopposite sex sharing living quarters. See \nPOSSLQ. \nperson with ordinary skill in the art. See PERSON WITH \nORDINARY SKILL IN THE ART. \nprivate person. 1. A person who does not hold public \noffice or serve in the military. 2. Civil law. An entity \nsuch as a corporation or partnership that is governed \nby private law. \nprotected person. 1. A"}
{"text": ". An entity \nsuch as a corporation or partnership that is governed \nby private law. \nprotected person. 1. A person for whom a conserva\ntor has been appointed or other protective order has \nbeen made. [Cases: Guardian and Ward 17; \nMental Health 104.] 2. Int'llaw. A person who \nis protected by a rule ofinternational law; esp., one \nwho is in the hands of an occupying force during a \nconflict.  Protected persons are entitled to a standard \noftreatment (including a prohibition on coercion and \ncorporal punishment) under the Geneva Conven\ntion Relative to the Protection of Civilian Persons in \nTime of War (1949). 3. English law. An inhabitant of \na protectorate ofthe United Kingdom . Though not \na British subject, such a person is given diplomatic \nprotection by the Crown. \n2. The living body ofa human being <contraband found \non the smuggler's person>. 3. An entity (such as a cor\nporation) that is recognized by law as having most of \nthe rights and duties ofa human being. In this sense, \nthe term includes partnerships and other associations, \nwhether incorporated or unincorporated. \n\n1258 persona \n\"So far as legal theory is concerned, a person is any being \nwhom the law regards as capable of rights and duties. Any \nbeing that is so capable is a person, whether a human being \nor not, and no being that is not so capable is a person, \neven though he be a man. Persons are the substances of \nwhich rights and duties are the attributes. It is only in this \nrespect that persons possess juridical significance, and \nthis is the exclusive point of view from which personality \nreceives legal recognition.\" John Salmond, Jurisprudence \n318 (Glanville L Williams ed., 10th ed. 1947). \nartificial person. (17c) An entity, such as a corpora\ntion, created by law and given certain legal rights and \nduties of a human being; a being, real or imaginary, \nwho for the purpose oflegal reasoning is treated more \nor less as a human being . An entity is a person for \npurposes of the Due Process and Equal Protection \nClauses but is not a citizen for purposes of the Privi\nleges and Immunities Clauses in Article IV  2 and in \nthe Fourteenth Amendment -Also termed fictitious \nperson; juristic person; juridical person; legal person; \nmoral person. Cf. LEGAL ENTITY. [Cases: Corporations \n(::::;> 1.1(2).] \ncontrol person. See CONTROL PERSON. \nfictitious person. See artificial person. \ninternational person. See INTERNATIONAL PERSON. \njuridical person. See artificial person. \njuristic person. See artificial person. \nlegal person. See artificial person. \nmoral person. See artificial person. \nprivate person. See private person (2) under PERSON \n(1). \npersona (pdr-soh-nd), n. [Latin] Roman law. A person; \nan individual human being. \npersona designata (pdr-soh-nd dez-ig-nay-td). [Latin] \nA person considered as an individual (esp. in a legal \naction) rather than as a member ofa class. \npersona dignior (pdr-soh-nd dig-nee-or). [Latin] Hist. \nThe more worthy or respectable person; the more \nfitting person. \npersona ficta (pdr-soh-nd fik-td). [Latin \"false mask\"] \nHist. A fictional person, such as a corporation. \n\"But units other than individual men can be thought of as \ncapable of acts, or of rights and liabilities: such are Cor \nporations and even Hereditates lacentes. Accordingly the \nway is clear to apply the name of person to these also. The \nmediaeval lawyers did so, but as they regarded Corpora\ntions as endowed with personality by a sort of creative act \nof the State, and received from the Roman lawyers the con\nception of the hereditas iacens as representing the persona \nof the deceased rather than as itself being a person, they \ncalled these things Personae Fictae, an expression not used \nby the Romans.\" WW. Buckland, Elementary Principles of \nthe Roman Private Law 16 (1912). \npersona grata. See PERSONA GRATA. \npersona illustris (pdr-soh-nd i-Ids-tris). [Latin] Hist. A \nperson ofdistinction. \npersona miserabilis (pdr-soh-nd miz-d-rab-d-lis). \n[Latin \"a pitiable person\"] Roman law. An unfortu\nnate person, esp. because of age, illness, or status . A persona miserabilis received certain privileges in \nlitigation. \npersona moralis (pdr-soh-nd md-ray-lis). [Latin] A col\nlective entity that, by law or custom, is recognized as \nan artificial person (e.g., a church or corporation). See \nartificial person under PERSON (2). \npersona nasciturus (pdr-soh-nd nas-d-t[y]oor-ds or \n-t[y]3r-Js). [fro Latin nascor\"to be born\"] Roman law. \nAn unborn child. -Sometimes shortened to nasci\nturus. \npersona non grata. See PERSONA NON GRATA. \npersona praedilecta (pdr-soh-nd pree-dd-Iek-tJ). [Law \nLatin] Scots law. A preferred person. \n\"This phrase signifies one person who, among others \nappointed with him as colleagues in some office, enjoys \nthe confidence and esteem ofthe person appointi ng, more \nthan those appointed with him. Thus a testator not unfre\nquently appoints among his trustees one who shall be a \nsine qua non -that is, one whose concurrence and consent \nshall be indispensable to every act of administration under \nthe trust. Such a trustee falls within the description of a \npersona praedilecta.\" John Trayner, Trayner's Latin Maxims \n456 (4th ed. 1894). \npersona standi in judicio. See PERSONA STANDI IN \nJUDICIO. \npersonable, adj. (16c) Having the status ofa legal person \n(and thus the right to plead in court, enter into con\ntracts, etc.) <a personable entity>. \nperson aggrieved. See aggrieved party under PARTY \n(2). \npersona grata (pdr-soh-nd gray-td orgrah-td or grat-d), \nn. [Latin] An acceptable person; esp., a diplomat who is \nacceptable to a host country. PI. personae gratae (pdr\nsoh-nee gray-tee or grah-tee or grat-ee). Cf. PERSONA \nNON GRATA. \npersonal, adj. (14c) 1. Ofor affecting a person <personal \ninjury>. 2. Of or constituting personal property \n<personal belongings>. See IN PERSONAM. \npersonal action. See ACTION (4). \npersonal asset. See ASSET. \npersonal bond. See BOND (2). \npersonal-capacity suit. See SUIT. \npersonal chattel. See chattel personal under CHATTEL. \npersonal check. See CHECK. \npersonal-comfort doctrine. The principle that the \ncourse of employment is not interrupted by certain acts \nrelating to the employee's personal comfort, typically \nshort breaks for eating, drinking, using the restroom, \nand the like. -Also termed personal-comfort rule. \npersonal-condition crime. See status crime under \nCRIME. \npersonal contract. See CONTRACT. \npersonal covenant. See COVENANT (4). \npersonal crime. See CRIME. \npersonal defense. See DEFENSE (4). \n\n1259 \npersonal demand. See DEMAND (3). \npersonal effects. See EFFECTS. \npersonal estate. See personal property (1) under \nPROPERTY. \npersonal evidence. See TESTIMONY. \npersonal exemption. See EXEMPTION. \npersonal goodwill. See GOODWILL. \npersonal history. An individual's background; the par\nticular experiences and events that shape a person's \nlife. \npersonal holding company. See COMPANY. \npersonal-holding-company tax. See holding-company \ntax under TAX. \npersonali exceptione (p\"r-s,,-nay-lr ek-sep-shee-oh-nee). \n[Latin] Rist. By personal exception; by an exception \nbased on personal reasons. -Also termed personali \nobjectione (\"b-jek-shee-oh-nee). \npersonal income. See INCOME. \npersonal indignity. See INDIGNITY. \npersonal injury. See INJURY. \npersonalis actio (pClr-s<:I-nay-lis ak-shee-oh). [Latin] Rist. \nA personal action; an action in personam. \npersonaliter (p\"r-s<:I-nay-hHClr), adv. [Latin] Personally; \nin person. \npersonality. (1870) 1. The legalstatus ofone regarded by \nthe law as a person; the legal conception by which the \nlaw regards a human being or an artificial entity as a \nperson. Also termed legal personality. \n\"Legal personality ... refers to the particular device by \nwhich the law creates or recognizes units to which it \nascribes certain powers and capacities.\" George Whitecross \nPaton, A Textbook ofJurisprudence 393 (G.w. Paton & David \nP. Derham eds., 4th ed. 1972). \n2. Parliamentary law. (usu. pl.) An improper refer\nence to a member by name or in his or her personal \ncapacity. \n\"No person in speaking, is to mention a member then \npresent by his name; but to describe him by his seat in \nthe house, or who spoke last, or on the other side of the \nquestion, nor to digress from the matter to fall upon the \nperson, by speaking, reviling, nipping, or unmannerly \nwords against a particular member. The consequences \nof a measure may be reprobated in strong terms; but to \narraign the motives of those who propose or advocate it, \nis a personality, and against order.\" Thomas Jefferson, A \nManual of Parliamentary Practice 36-37 (1801) (citations \nomitted). \npersonality theory. Intellectual property. A rational\nization ofintellectual-property laws, esp. copyright, \ndraWing on the philosophy of G.w.F. Hegel, holding \nthat personal expression is a form ofself-actualization \nthat gives the creator inalienable moral rights in the \ncreations . As a way ofanalyzing intellectual-property \nrights, personality theory takes the pOint of view of \nthe individual inventor, author, or artist rather than \nthat ofsociety as a whole. Cf. LOCKEAN LABOR THEORY; \nUTILITARIANISM. personal service \npersonal judgment. See JUDGMENT. \npersonal jurisdiction. See JURISDICTION. \npersonal justice. See JUSTICE (1). \npersonal knowledge. See KNOWLEDGE. \npersonal law. (lSc) The law that governs a person's family \nmatters, usu. regardless ofwhere the person goes . In \ncommon-law systems, personal law refers to the law of \nthe person's domicile. In civil-law systems, it refers to \nthe law ofthe individual's nationality (and so is some\ntimes called lex patriae). Cf. TERRITORIAL LAW. \n\"The idea of the personal law is based on the conception \nof man as a social being, 50 that those transactions of \nhis daily life which affect him most closely in a personal \nsense, such as marriage, divorce, legitimacy, many kinds \nof capacity, and succession, may be governed universally \nby that system of law deemed most SUitable and adequate \nfor the purpose .... [Ajlthough the law of the domicile \nis the chief criterion adopted by English courts for the \npersonal law, it lies within the power of any man of full \nage and capacity to establish his domicile in any country \nhe chooses. and thereby automatically to make the law of \nthat country his personal law.\" R.H. Graveson, Conflict of \nLaws 188 (7th ed. 1974). \npersonal liability. See LIABILITY. \npersonal liberty. See LIBERTY. \npersonal name. See NAME. \npersonal notice. See NOTICE. \npersonal ohligation. See OBLIGATION. \npersonal privilege. See PRIVILEGE (5). \npersonal property. See PROPERTY. \npersonal-property tax. See TAX. \npersonal recognizance. See RECOGNIZANCE. \npersonal replevin. See REPLEVIN. \npersonal representative. See REPRESENTATIVE. \npersonal reputation. See REPUTATION. \npersonal-residence trust. See TRUST. \nPersonal Responsibility and Work Opportunity Rec\nonciliation Act. A 1996 federal law that overhauled the \nwelfare system, as well as requiring states to provide a \nmeans for collecting child support by (1) imposing liens \non a child-support obligor's assets, and (2) facilitating \nincome-withholding . The Act did away with Aid to \nFamilies with Dependent Children in favor ofTem\nporary Assistance to Needy Families. It also limited \nthe length of time that persons could receive welfare \nand tied states' receipt offederal child-support funds \nto their implementing enhanced paternity-establish\nment services. Also termed Welfare Reform Act. See \nAID TO FAMILIES WITH DEPENDENT CHILDREN; TEM\nPORARY ASSISTANCE TO NEEDY FAMILIES. -Abbr. \nPRWORA. [Cases: Social Security and Public Welfare \n194.] \npersonal right. See RIGHT. \npersonal security. See SECURITY. \npersonal service. (l6c) 1. Actual delivery of the notice \nor process to the person to whom it is directed. -Also \n\n1260 personal servitude \ntermed actual service. [Cases: Federal Civil Procedure \nProcess <::--=48,64.]2. An act done personally \nby an individuaL. In this sense, a personal service is \nan economic service involving either the intellectual or \nmanual personal effort ofan individual, as opposed to \nthe salable product ofthe person's skill. \npersonal servitude. See SERVITUDE (2). \npersonal statute. See STATUTE. \npersonal suretyship. See SURETYSHIP. \npersonal tithe. See TITHE. \npersonal tort. See TORT. \npersonal treaty. See TREATY (1). \npersonal trust. See private trust under TRUST. \npersonalty (pars-;m-dl-tee). ("}
{"text": "1). \npersonal trust. See private trust under TRUST. \npersonalty (pars-;m-dl-tee). (I6c) Personal property as \ndistinguished from real property. See personal property \n(1) under PROPERTY. [Cases: Property C::>4.] \nquasi-personalty. Things that are considered movable \nby the law, though fixed to real property either \nactually (as with a fixture) or fictitiously (as with a \nlease for years). \npersonal warrandice. See WARRANDICE. \npersonal warranty. See WARRANTY (2). \npersonal wrong. See WRONG. \npersonam. See IN PERSONAM. \npersona miserabilis. See PERSONA. \npersona moralis. See PERSONA. \npersona nasciturus. See PERSONA. \npersona non grata (p;n-sohn-a non grah-da), n. [Latin] \nAn unwanted person; esp., a diplomat who is not \nacceptable to a host country. PI. personae non gratae. \nCf. PERSONA GRATA. \npersona praedilecta. See PERSONA. \npersona proposita. See PROPOSITUS. \npersona standi in judicio (pdf-soh-na stan-dI in joo\ndish-ee-oh). [Law Latin] 1. Capacity of standing in \njudgment; the right to appear in court. 2. One with \npersonal standing to vindicate a legal right \n\"What persona standi may be more easily learned by \nconsidering the loss of by civil death or outlawry ... \nBut there are others besides outlaws who have no persona \nstandi. A pupil cannot pursue or defend; that must be done \nby his tutor in his name. And companies, as such, have not \na persona standi . ... Persona standi applies to the status \nof the person, as qualified to pursue or defend in actions \ngenerally; title to pursue applies to particular actions, and \nrequires, in addition to a persona standi, that the party have \na proper legal interest in the particular action pursued or \ndefended.'\" William Bell, Bell's Dictionary and Digest of the \nLaw ofScotland 800 (George Watson ed., 7th ed. 1890). \npersonation. See IMPERSONATION. \nperson-endangering state of mind. (1990) An intent \nto kill, inflict great bodily injury, act in wanton disre\ngard of an unreasonable risk to others, or perpetrate \na dangerous felony. Also termed man-endangering \nstate ofmind. \nperson in loco parentis. See PERSON (1). person in need ofsupervision. See child in need ofsuper\nvision under CHILD. Abbr. PINS. \nperson not deceased. See PERSON (1). \nperson ofinddence. See PERSON (1). \nperson ofinherence. See PERSON (1). \nperson ofinterest. See PERSON (1). \nperson of opposite sex sharing living quarters. See \nPOSSLQ. \nperson with ordinary skill in the art. Patents. A fic\ntional construct of the patent laws, denoting someone \nwho has reasonably developed abilities in the field of \nthe invention at issue . The patent application must \nbe clear and complete enough to teach a person skilled \nin the art how to make and use the invention without \nundue experimentation. [Cases: Patents 16(3).] \n\"The term 'person skilled in the art .. .' has been inter\npreted to mean a person having ordinary or fair informa\ntion in that particular line, not necessarily a person of \nhigh scientific attainments. The skill or knowledge to be \nimputed to such a person will vary with the complexity of \nthe art to which the invention relates.\" Archie R. McCrady, \nPatent Office Practice 61 (2d ed. 1946). \nper stirpes (p<lr star-peez), adv. & adj. [Latin \"by roots \nor stocks\"] (17c) Proportionately divided between \nbeneficiaries according to their deceased ancestor's \nshare. Also termed in stirpes; per stirpem. Cf. PER \nCAPITA. [Cases: Descent and Distribution C::>43; Wills \nC=o530.] \npersuade, vb. To induce (another) to do something \n<Steve persuaded his neighbor to sign the release after \nthe accident>. \npersuaded confession. See CONFESSION. \npersuasion. (14c) The act of influencing or attempting \nto influence others by reasoned argument; the act of \npersuading. \nfair persuasion. Argument, exhortation, or persuasion \nthat does not involve harassment, threats, or misrep\nresentations. \npersuasion burden. See BURDEN OF PERSUASION. \npersuasive authority. See AUTHORITY (4). \npersuasive memorandum. See MEMORANDUM. \npersuasive precedent. See PRECEDENT. \nper subsequens matrimonium (p<lr sab-s<l-kwenz \nma-trd-moh-nee-<lm). [Latin] Roman & civil law. By \nsubsequent marriage . The phrase often referred to a \nchild's legitimation by the later marriage ofthe child's \nparents. \nper tacitam reconventionem (p<lr taS-<l-t<lm ree-bn\nven-shee-oh-nam). [Latin] Hist. Bya tacit renewal of \nthe contract. \nper tacitam relocationem (P<lf taS-<l-tam ree-loh-kay\nshee-oh-ndm). [Latin] Hist. By tacit relocation. See \nTACIT RELOCATION. \npertain, vb. To relate to; to concern. \n\n1261 petition \npertinent, adj. (lSc) Pertaining to the issue at hand; \nrelevant <pertinent testimony>. \npertinent art. 1. See analogous art under ART. 2. See \nrelevant art under ART. \nper totam curiam (p;}r toh-t<lm kyoor-ee-;}m). [Law \nLatin] By the whole court. \nper tout et non per my (p<lr too[tJ ay non p<lr mee). [Law \nFrench] By the whole and not by the half. _ This phrase \ndescribed the estate given to a husband and wife \nboth are seised of the entire estate. Cf. PER MY ET PER \nTOUT. \nperturbator (par-t<lr-bay-t<lr). [Law Latin] Hist. A person, \nesp. a man, who disturbs the peace. \nperturbatrix (p<lr-t<lr-bay-triks), n. [Law LatinJ Hist. A \nwoman who disturbs the peace. \nper universitatem (p<lr yoo-n;}-v<lr-s<l-tay-tam). [LatinJ \nCivil law. By an aggregate or whole; as an entirety. _ \nThis term describes the acquisition ofan entire estate, \nesp. ofan entire inheritance by universal succession. \nper venditionis, donation is, cession is, vel commutatio\nnis titulum (p<lf ven-dish-ee-oh-nis, doh-nay-shee-oh\nnis, sesh-ee-oh-nis, vel kom-y,Hay-shee-oh-nis tich-[yJ \n;}-l<lm). [Law Latin] Hist. By the title ofsale, donation, \ncession, or barter. \n\"Per venditionis, donation is, cession is, vel commutationis \ntitulum .... These terms were used in the older forms of \nconveyancing, to distinguish lands so acquired from lands \nacquired either by inheritance or feudal grant. They signify \nwhat is now known by the name of a singular title.\" John \nTrayner, Travner's Latin Maxims 452 (4th ed. 1894.). \nper verba de futuro. By words in the future tense. \nper verba de futuro cum copula. [Latin1A promise of \nmarriage in the future given to a person with whom the \npromisor is currently engaged in a sexual relationship. \n- A few states recognize the formation of a common\nlaw marriage under these circumstances. See common\nlaw marriage under MARRIAGE (1). [Cases: Marriage \nG=;>20(2).] \nper verba de praesenti. By words in the present tense. \nperverse verdict. See VERDICT. \nper vim legis (p<lr vim lee-jis). [Latin] Hist. By force of \nlaw. -The phrase generally referred to persons who \nsucceeded by intestacy to an estate. \npervise. See PARVIS. \nper vivam vocem (p;}r VI-V<lm voh-s<lm). [Law Latin] By \nthe living voice. \nper voluntatem hominis (p;}r vol-an-tay-tdm hom-<l-nis). \n[Latin] Hist. By the will ofman. -The phrase appeared \nin reference to an act done by the testator's intention. \npessima fides (peS-;}-md fI-deez). [LatinJ Hist. The worst \nfaith. -The phrase appeared in reference to moral dis\nhonesty. \npessimi exempli (peS-<l-mI eg-zem-plr). [Latin] Hist. Of \nthe worst example. \n\"Thus, to acquit a man of a crime because he had commit\nted it under the influence of drink, or to allow anyone to take benefit under a contract induced by his fraud, would \nbe pessimi exempli, as tending to lead others to be dishon\nest or unfair in their dealings, or to be careless of their \nhabits or their acts.\" John Trayner, Trayner's Latin Maxims \n457 (4th ed. 1894). \npetens (pet-enz). [LatinJ Hist. A demandant; a plaintiff \nin a real action. \npeter-pence. Hist. A tax levied on each house in England \nand paid to the Pope, so called because it was collected \non St. Peter's Day. -Also termed hearth money. \npetit (pet-ee or pet-it), adj. [Law French \"minor, small\"] \n(lSc) See PETTY. \npetit cape. See cape parvum under CAPE. \npetite assize. See ASSIZE (5). \nPetite policy. Ihe Department ofJustice rule forbidding \na federal prosecution after a previous state or federal \nprosecution based on the same acts unless (1) an Assis\ntant Attorney General has approved the prosecution, \n(2) a substantial federal interest supports the prosecu\ntion, (3) the previous prosecution failed to vindicate the \nfederal interest, and (4) there is sufficient evidence to \nsustain a conviction. United States Attorneys' Manual \n 9-2.031 (Sept. 1997); Petite v. United States, 361 U.S. \n529, 80 S.Ct. 450 (1960). [Cases: Criminal Law \n29.J \n\"('Petite Policy') .... The purpose of this policy is to vin\ndicate substantial federal interests through appropriate \nfederal prosecutions, to protect persons charged with \ncriminal conduct from the burdens associated with multiple \nprosecutions and punishments for substantially the same \nact(s) or transaction(s), to promote efficient utilization of \nDepartment resources, and to promote coordination and \ncooperation between federal and state prosecutors.\" United \nStates Attorneys' Manual  9-2.031 (Sept. 1997). \n\"In response to the Court's continuing sensitivity to the \nfairness implications of the mUltiple prosecution power, \nthe Justice Department adopted the policy of refusing to \nbring a federal prosecution following a state prosecution \nexcept when necessary to advance compelling interests of \nfederal law enforcement. The Petite policy was designed to \nlimit the exercise of the power to bring successive prosecu\ntions for the same offense to situations comporting with \nthe rationale for the existence of that power. Although \nnot constitutionally mandated, this Executive policy \nserves to protect interests which, but for the 'dual sover \neignty' prinCiple inherent In our federal system, would be \nembraced by the Double Jeopardy Clause. In light of the \nparallel purposes of the Government's Petite policy and \nthe fundamental constitutional guarantee against double \njeopardy, the federal courts should be receptive, not cir\ncumspect, when the Government seeks leave to implement \nthat policy.\" Rinaldi v. United States, 434 U.S. 22, 28-29, 98 \nS.Ct. 81, 85 (1977) (citation omitted). \npetitio (p<l-tish-ee-oh), n. [Latin]!. Civil law. A plain\ntiff's suit, esp. in an action in rem. 2. Hist. A petition \nor demand; esp., a count in a real action. \npetition, n. (lSc) 1. A formal written request presented \nto a court or other official body. \nbankruptcy petition. See voluntary petition. \ncertiorari petition. A petition seeking discretionary \nreview from an appellate court. See CERTIORARI. \n[Cases: Certiorari G=;>42; Federal Courts \ndebtor's petition. See voluntary petition. \n\ninvoluntary petition. (1868) A petition filed in a bank\nruptcy court by a creditor seeking to declare a debtor \nbankrupt. -This petition may be filed only under \nChapter 7 or Chapter 11 of the Bankruptcy Code. \n[Cases: Bankruptcy (:::::>2290.) \njuvenile petition. (1945) A juvenile-court petition \nalleging delinquent conduct by the accused. -The \naccusations made in a juvenile petition are sometimes \ntried in an adjudication hearing. See adjudication \nhearing (3) under HEARING. [Cases: Infants (:::::> 197.) \npetition for probate. A written application by which a \nparty requests that a court admit a will to probate. \npetition in error. See APPEAL (1). \nvoluntary petition. (1842) A petition filed with a bank\nruptcy court by a debtor seeking protection from \ncreditors. Also termed bankruptcy petition; debtor's \npetition. [Cases: Bankruptcy (:::::>2257.) \n2. In some states, the first pleading in a lawsuit; COM\nPLAINT. [Cases: Pleading C=38.5.] 3. Patents. A patent \napplicant's request to a patent office's administrative \nhead for supervision of a procedural or jurisdictional \nmatter related to the patent application. petition, \nvb. \npetition de droit. See PETITION OF RIGHT. \npetitioner"}
{"text": "the patent application. petition, \nvb. \npetition de droit. See PETITION OF RIGHT. \npetitioner. (I5c) A party who presents a petition to a \ncourt or other official body, esp. when seeking relief \non appeal. -Also termed (archaically) plaintiff in \nerror. Cf. RESPONDENT (2). [Cases: Appeal and Error \npetition for access. Patents. Application to inspect a \npatent application, made by someone who does not \nusu. have the authority to do so. -The petition must \ndemonstrate a special need for access, and show that \nthe applicant has been notified of the petition. The \npatent applicant is entitled to a hearing before access \nis granted. [Cases: Patents \npetition in bankruptcy. A formal written request, \npresented to a bankruptcy court, seeking protection \nfor an insolvent debtor . The debtor (in a voluntary \nbankruptcy) or the debtor's creditors (in an involun\ntary bankruptcy) can file such a petition to initiate a \nbankruptcy proceeding. [Cases: Bankruptcy (:::::>2257, \n2290.] \npetition of right. 1. (cap.) One of the four great charters \nof English liberty (3 Car. I (1628), establishing that \n\"no man be compelled to make or yield any gift, loan, \nbenevolence, tax, or such like charge, without common \nconsent by act of parliament.\"  The other three great \ncharters are Magna Carta, the Habeas Corpus Act \n(31 Car. 2 (1679, and the Bill of Rights (I W. & M. \n(1689)).2. Hist. A proceeding in chancery by which \na subject claims that a debt is owed by the Crown or \nthat the Crown has broken a contract or wrongfully \ndetained the subject's property. -Although the petition \nis addressed directly to the Crown, the courts adju\ndicate the claim just as in an action between private \nparties. Also termed petition de droit. petition to make special. Patents. A petition asking \nthe U.S. Patent and Trademark Office to expedite a \npatent prosecution. -Special processing is available, \nfor example, in favored areas ofscience (such as cancer \nresearch and energy conservation), where the inventor \nis sick or elderly, and where infringement is already \ntaking place. [Cases: Patents (:::::> 104.] \npetit juror. See JUROR. \npetit jury. See JURY. \npetit larceny. See LARCENY. \npetitor (pet-;H;lr), n. [Latin) Roman law. A plaintiff in a \ncivil action; ACTOR (4). \npetitorium (pet-;l-tor-ee-;lm). See petitory action under \nACTION (4). \npetitory action. See ACTION (4). \npetitory suit. See petitory action under ACTION (4). \npetit serjeanty. See SERJEANTY. \npetit treason. See petty treason under TREASON. \nPetrine privilege. Eccles. law. The Pope's power to \ndissolve a marriage between a baptized spouse and \nan unbaptized spouse when the Pauline Privilege \nis unavailable and the dissolution would be benefi\ncial to the interests of the Church. The privilege is \nusu. exercised to dissolve a previous marriage of a \nRoman Catholic. But sometimes it is applied in the \ncase of a baptized non-Catholics who wishes to marry \na Catholic. On rare occasions, the privilege has also \nbeen extended to dissolve the marriage of two unbap\ntized non -Catholics ifone of them wishes to marrv a \nCatholic. Cf. PAULINE PRIVILEGE. ' \npetroleum-conservation law. Oil &gas. A state law that \nlimits the rule ofcapture and defines the correlative\nrights doctrine by regulating the drilling and operation \nofoil-and-gas wells. -Petroleum-conservation laws are \nintended to prevent waste and correlative rights. \n[Cases: Mines and Minerals 92.14,92.28.J \npettifogger (pet-i-fog-;lr), n. (16c) 1. A lawyer lacking in \neducation, ability, sound judgment, or common sense. \n2. A lawyer who douds an issue with insignificant \ndetails. -pettifoggery (pet-i-fog-dr-ee), n. \npet trust. See TRUST. \npetty, adj. (16c) Relatively insignificant or minor <a petty \ncrime>. Cf. GRAND. \npetty assize. See ASSIZE (6). \npetty average. See particular average under AVERAGE. \npetty cash. See CASH. \npetty jury. See petit jury under fURY. \npetty larceny. See petit larceny under LARCENY. \npetty offense. See OFFENSE (1). \npetty officer. See OFFICER (2). \npetty patent. See UTILITY MODEL. \npetty sessions. Hist. English law. Sessions ofjustice-of\nthe-peace court held to try minor misdemeanors sum\nmarily (I.e., without a jury). \n\n1263 pickery \npetty theft. See THEFT. \npetty treason. See TREASON. \np.fat. abbr. PRAEFATUS. \nPFPA. abbr. PENTAGON FORCE PROTECTION AGENCY. \nPGS. abbr. See pictorial, graphic, and sculptural work \nunder WORK (2). \nphantom jury. See shadow jury under JURY. \nphantom stock. See STOCK. \nphantom stock plan. A long-term benefit plan under \nwhich a corporate employee is given units having the \nsame characteristics as the employer's stock shares . It \nis termed a \"phantom\" plan because the employee does \nnot actually hold any shares but instead holds the right \nto the value of those shares. -Also termed shadow \nstock plan. [Cases: Labor and Employment (:;:::::>420.] \nphenotype. Patents. A living organism's physical charac\nteristics and behavior.  A patent on living matter must \ndisclose its genetic makeup rather than just describe its \nphenotype. Cf. GENOTYPE. \nPhiladelphia lawyer. (I788) A shrewd and learned \nlawyer . This term can have positive or negative con\nnotations today, but when it first appeared (in colonial \ntimes), it carried only a positive sense deriving from \nPhiladelphia's position as America's center oflearning \nand culture. \nphilosophie du droit. See ethical jurisprudence under \nJURISPRUDENCE. \nphilosophy oflaw. See general jurisprudence (2) under \nJURISPRUDENCE. \nphishing, n. Slang. The sending of a fraudulent elec\ntronic communication that appears to be a genuine \nmessage from a legitimate entity or business for the \npurpose of inducing the recipient to disclose sensitive \npersonal information. Cf. BOILER-ROOM TRANSACTION; \nTELESCAM. \nPhonograms Convention. See GENEVA PHONOGRAMS \nCONVENTION. \nphonorecord (foh-noh-rek-drd). (1968) A physical \nobject (such as a phonographic record, cassette tape, \nor compact disc) from which fixed sounds can be \nperceived, reproduced, or otherwise communicated \ndirectly or with a machine's aid . The term is fairly \ncommon in copyright contexts since it is defined in the \nU.S. Copyright Act of 1976 (17 USCA  101). [Cases: \nCopyrights and Intellectual Property ~10.2.] \nphotofit. See IDENTIKIT. \np.h.v. abbr. PRO HAC VICE. \nphylacist (fI-l;:l-sist), n. Archaic. A jailer. -Also spelled \nphylasist. \nphysical child endangerment. See CHILD ENDANGER\nMENT. \nphysical cruelty. See CRUELTY. \nphysical custody. (1884) 1. Custody ofa person (such as \nan arrestee) whose freedom is directly controlled and limited. 2. Family law. The right to have the child live \nwith the person awarded custody by the court. -Also \ntermed residential custody. [Cases: Child Custody \n147,209.] 3. Possession ofa child during visitation. \nphysical diagnosis. See DIAGNOSIS. \nphysical disability. See DISABILITY (2). \nphysical endangerment. See physical child endanger\nment under CHILD ENDANGERMENT. \nphysical evidence. See real evidence (1) under EVIDENCE. \nphysical fact. See FACT. \nphysical-facts rule. (1923) Evidence. The principle that \noral testimony may be disregarded when it is incon\nsistent or irreconcilable with the physical evidence in \nthe case. Also termed doctrine ofincontrovertible \nphysical facts; incontrovertible-physical-facts doctrine. \n[Cases: Criminal Law ~553; Evidence ~-:>588.1 \nphysical force. See actual force under FORCE. \nphysical harm. See HARM. \nphysical hazard. See HAZARD (2). \nphysical-impact rule. See IMPACT RULE. \nphysical impossibility. See factual impossibility under \nIMPOSSIBILITY. \nphysical incapacity. See IMPOTENCE. \nphysical injury. See bodily injury under INJURY. \nphYSical-inventory accounting method. See ACCOUNT\nINGMETHOD. \nphysical necessity. See NECESSITY. \nphysical neglect. See NEGLECT. \nphysical-proximity test. (1955) Criminal law. A com\nmon-law test for the crime of attempt, fOCUSing on \nhow much more the defendant would have needed to \ndo to complete the offense. See ATTEMPT (2). [Cases: \nCriminal Law ~44.] \nphysical shock. See SHOCK. \nphysical taking. See TAKING (2). \nphysician-assisted suicide. See assisted suicide under \nSUICIDE. \nphysician-client privilege. See doctor-patient privilege \nunder PRIVILEGE (3). \nphysician-patient privilege. See doctor-patient privilege \nunder PRIVILEGE (3). \nphysician's directive. See ADVANCE DIRECTIVE (2). \nP.I. abbr. 1. See personal injury under INJURY. 2. Private \ninvestigator. \npiacle (pr-d-bl), n. Archaic. A serious crime. \npiafraus (pr-;:l fraws). [Latin \"piOUS fraud\"] A subterfuge \nor evasion considered morally justifiable; esp., evasion \nor disregard of the law in the interests of a religious \ninstitution, such as the church's circumventing the \nmortmain statutes. \npicaroon (pik-~-roon). A robber or plunderer. \npickery. Hist. Scots law. Petty theft. \n\npicketing 1264 \npicketing. (1832) The demonstration by one or more \npersons outside a business or organization to protest \nthe entity's activities or policies and to pressure the \nentity to meet the protesters' demands; esp . an employ\nees' demonstration aimed at publicizing a labor dispute \nand influencing the public to withhold business from \nthe employer.  Picketing is usu. considered a form of \nfair persuasion of third persons if access to the place \nof business is not materially obstructed. Cf. BOYCOTT; \nSTRIKE. \ncommon-situs picketing. The illegal picketing by union \nworkers of a construction site, stemming from a \ndispute with one ofthe subcontractors. [Cases: Labor \nand Employment~' 1381.] \ninformational picketing. Picketing to inform the public \nabout a matter of concern to the union. \norganizational picketing. Picketing by a union in an \neffort to persuade the employer to accept the union \nas the collective-bargaining agent of the employees; \nesp., picketing by members of one union when the \nemployer has already recognized another union as \nthe bargaining agent for the company's employees.\nAlso termed recognition picketing. \nsecondary picketing. The picketing ofan establishment \nwith which the picketing party has no direct dispute \nin order to pressure the party with which there is \na dispute. See secondary boycott under BOYCOTT; \nsecondary strike under STRIKE. [Cases: Labor and \nEmployment ~1411.] \nunlawful picketing. Picketing carried on in violation \noflaw, as when the picketers use threats or violence to \ndissuade other employees from returning to work. \npickpocket. (16c) A thief who steals money or property \nfrom the person of another, usu. by stealth but some\ntimes by physical diversion such as bumping into or \npushing the victim. \npickpocketing, n. See larceny from the person under \nLARCENY. \npickup tax. See TAX. \npictorial, graphic, and sculptural work. See WORK (2). \npiecemeal zoning. See partial zoning under ZONING. \npiecework. Work done or paid for by the piece or job. \npiepowder court (pI-pow-dar). Hist. In medieval \nEngland, a court having jurisdiction over a fair or \nmarket and preSided over by the organizer's steward. \n The name is a corruption of two French words (pied \nand poudre) meaning\" dusty feet.\" -Also termed court \nofpiepowder. Also spelled piepoudre; piedpoudre; \npipowder; py-powder. \npiercing the corporate veil. (1928) lhe judicial act of \nimposing personal liability on otherwise immune cor\nporate officers, directors, or shareholders for the cor\nporation's wrongful acts. -Also termed disregarding \nthe corporate entity; veil-piercing. See CORPORATE VEIL. \n[Cases: Corporations ~1.4(1).] \n\"[C]ourts sometimes apply common law prinCiples to \n'pierce the corporate veil' and hold shareholders personally liable for corporate debts or obligations. Unfortunately, \ndespite the enormous volume of litigation in this area, the \ncase law fails to articulate any sensible rationale or policy \nthat explains when corporate existence should be disre \ngarded. Indeed, courts are remarkably prone to rely on \nlabels or characterizations of relationships (such as 'alter \nego,' 'instrumentality,' or 'sham') and the decisions offer \nlittle in the way of predictability or rational explanation \nof why enumerated"}
{"text": "rumentality,' or 'sham') and the decisions offer \nlittle in the way of predictability or rational explanation \nof why enumerated factors should be decisive.\" Barry R. \nFurrow et aI., Health Law  5-4, at 182 (2d ed. 2000). \nPierringer release. See RHEASE (2). \npigeon drop. See JAMAICA~ SWITCH. \npiggyback registration rights. See REGISTRATION \nRIGHTS. \npigneratio. See PIG~ORATIO (1). \npigneratitia actio. See ACTIO. \npignorate (pig-nCl-rayt), vb. (17c) 1. To give over as \na pledge; to pawn. 2. To take in pawn. Cf. OPPI\nGNORATE. pignorative, adj. \npignoratio (pig-n;)-ray-shee-oh), n. [Latin] L Roman law. \nThe real contract (pignus) under which the a debtor \nhanded something over to a creditor as security; the act \nof depositing as a pledge. Also spelled pigneratio. 2. \nCivil law. The impounding ofanother's cattle (or other \nanimals) that have damaged property until the cattle's \nowner pays for the damage. Pi. pignorationes (pig-nCl\nray -shee-oh -neez). \npignoratitia actio (pig-n;)-ra-tish-ee-a ak-shee-oh). \n[Latin] Roman law. An action founded on a pledge, \neither by the debtor (an action directa) or by a creditor \n(an action contraria). Cf. cautio pignoratitia under \nCAUTIO. \npignorative contract. See CONTRACT. \npignoris capio (pig-na-ris kap-ee-oh). [Latin \"taking \na pledge\"] Roman law. A form of extrajudicial execu\ntion by which a creditor took a pledge from a debtor's \nproperty. \npignus (pig-nCls), n. [Latin \"pledge\"] 1. Roman & civil \nlaw. (ital.) A bailment in which goods are delivered \nto secure the payment of a debt or performance of an \nengagement, accompanied by a power ofsale in case of \ndefault.  This type of bailment is for the benefit of both \nparties. Also termed pawn; pledge. See PIGNORATIO. \n2. A lien. Pi. pignora or pignera. \npignus judiciale (pig-nas joo-dish-ee-ay-lee). [Latin] \nCivil law. The lien that a judgment creditor has on the \nproperty of the judgment debtor . \npignus legale (pig-n;)s la-gay-lee). [Latin] Civil/aw. A \nlien arising by operation of law, such as a landlord's \nlien on the tenant's property. \npignus praetorium (pig-n<Js pri-tor-ee-<Jm). [Latin \"a \nmagisterial pledge\"] Roman law. A pledge given to a \ncreditor by order of a magistrate. \nPIH. abbr. OFFICE OF PUBLIC AND INDIAN HOUSING. \npilferage (pil-far-ij), n. (I8c) 1. The act or an instance \nof stealing. 2. The item or items stolen. See LARCENY; \nTHEFT. pilfer (pH-fClr), vb. \n\npill. See POISON PILL. \npillage (pH-ij), n. 1. The forcible seizure of another's \nproperty, esp. in war; esp., the wartime plundering of \na city or territory. 2. The property so seized or plun\ndered; BOOTY. -Also termed plunder. [Cases: War and \nNational Emergency C~2l.] -pillage, vb. \npillory (pil-<l-ree), n. Hist. A punishment instrument \nconsisting ofa wooden framework with holes through \nwhich an offender's head and hands are placed and \nsecured. A person put in a pillory usu. had to stand \nrather than sit (as with the stocks). Cf. STOCKS. \nfinger pillory. Hist. Eccles. law. A miniature stock used \nto confine the fingers of a person who misbehaved \nduring church services. \npilot. 1. A person in control of an airplane. 2. Maritime \nlaw. A person in control ofa vessel. \nbar pilot. See BRANCH PILOT. \nbranch pilot. A pilot, esp. one who is trained and \nlicensed to navigate rivers and their tributaries . The \nterm originated in England when pilots were licensed \nto navigate the River 'Thames and its tributaries. \nAlso termed bar pilot. See TRINITY HOUSE. [Cases: \nPilots \ncompulsory pilot. A ship pilot entitled by law to guide a \nship for a particular purpose, such as piloting the ship \ninto harbor . The compulsory nature ofthe appoint\nment relieves the vessel's owner ofpersonal liability if \nthe pilot causes a collision. Cf. voluntary pilot. [Cases: \nPilots c;::::,7.] \n\"The compulsory pilot presents a special problem. Statutes \nthat impose a fine or imprisonment for the failure to take a \npilot obviously create compulsory pilotage. Some statutes, \nhowever, allow the ship to refuse the pilot provided she \npays his fee or half of it ('half-pilotage'). The Supreme \nCourt has indicated that it does not regard the tendering \nof this alternative as amounting to compulsion. It makes \na difference, because it is pretty well settled that if the \npilotage is 'compulsory' the respondeat superior nexus \nis broken, and the shipowner cannot be held personally \nliable for the fault of the pilot resulting in collision. The \nship's liability in rem. however, is unaffected by the fact \nthat the pilotage is compulsory. This is one of the more \nstriking consequences of the endowment of the ship with \na juristic personality independent of that of her owner,\" \nGrant Gilmore & Charles L. Black Jr., The Law of Admiralty \n 7-16, at 520-21 (2d ed. 1975). \nvoluntary pilot. A ship pilot who controls a ship with \nthe permiSSion of the vessel's owner . The vessel's \nowner is personally liable for damage resulting from \na collision caused by a voluntary pilot. Cf. compul\nsory pilot. \n\"If a vessel is in the hands of a harbor pilot at the time of \nthe collision, the question arises whether the fault of the \npilot is imputed to the vessel owner or operator. American \nlaw draws an unwarranted distinction between the 'volun\ntary pilot: who is taken on voluntarily, and the 'compulsory \npilot; who is mandated by a statute or local regulation. \nThe voluntary pilot is considered to be the same as any \ncrew member, and his fault is fully attributable to the \nvessel owner. A compUlsory pilot's fault, however, cannot \nbe imputed to the shipowner personally; the doctrine of \nrespondeat superior does not apply. At most, the vessel \nis liable in rem since the compulsory pilot's negligence is attributable to the ship. The distinction makes little sense \nin that it throws the loss upon potentially innocent parties \nand ignores the fact that the vessel owner commonly \ncarries insurance against this liability. In any colliSion case, \ntherefore, care should be taken to assert a maritime lien \nand to sue the vessel in rem if a compulsory pilot may be \ninvolved,\" Thomasj. Schoenbaum, Admiralty and Maritime \nLaw  13-1, at 450-51 (1987). \npilotage (pl-I.:;-tij). 1. The navigating of vessels; the \nbusiness of navigating vessels. [Cases: Pilots c;::::, 14.] \n2. Compensation that a pilot receives for navigating a \nvessel, esp. into and out ofharbor or through a channel \nor passage. [Cases: Pilots c;::::,9.] \ncompulsory pilotage. A requirement, imposed by law \nin some jurisdictions, that vessels approaching or \nleaVing a harbor must take on a licensed pilot to guide \nthe vessel into or out ofthe harbor. [Cases: Pilots c;::::, \n7.) \nhalf-pilotage. Compensation equaling half the value of \nservices that a pilot has offered to perform . Ship\nowners can avoid compulsory pilotage in some juris\ndictions by payment of half-pilotage. [Cases: Pilots \nc;::::, 11.] \npimp, n. (17c) A person who solicits customers for a \nprostitute, usu. in return for a share ofthe prostitute's \nearnings. See PANDERING (1). Cf, BAWD. [Cases: Pros\ntitution c;::::, 17.] pimp, vb. -pimping, n. \npincite. See pinpoint citation under CITATION (3). \npinkerton. Slang, A private detective or security guard, \nusu. one who is armed. The name comes from the \nPinkerton Detective Agency, the first private detective \nagency in the United States, established in 1852. \nPinkerton rule. (1979) Criminal law. The doctrine \nimposing liability on a conspirator for all offenses \ncommitted in furtherance of the conspiracy, even if \nthose offenses are actually performed by coconspira\ntors. Pinkerton v. United States, 328 U.S. 640, 66 S.Ct. \n1180 (1946). [Cases: Conspiracy c;::::,41.) \npink sheet. A daily publication listing over-the-counter \nstocks, their market-makers, and their prices. -Printed \non pink paper, pink sheets are published by the National \nQuotation Bureau, a private company. Also termed \nNational Daily Quotation Service. \npink slip. Slang. A notice ofemployment termination \ngiven to an employee by an employer. \npinpoint citation. See CITATION (3). \nPINS. abbr. PERSON IN NEED OF SUPERVISION. \npioneer drug. See DRUG. \npioneer patent. See PATENT (3). \npious gift. See charitable gift under GIFT. \npious use. See USE (1). \nPipe Rolls. Hist. The Exchequer's records ofroyal revenue, \nincluding revenue from feudal holdings, judicial fees, \nand tax revenue collected by the sheriffs . 'The Pipe \nRolls comprise 676 rolls, covering the years 1131 and \n1156 to 1833 (except for gaps in 1216 and 1403). Also \ntermed Great Rolls ofthe Exchequer. \n\n1266 PIR \n'The Pipe rolls (so called possibly because of their pipe-like \nappearance when rolled up and stacked) were the rolls \nof the Exchequer and consist of parchment skins sewn \ntogether. Roger of Salisbury, Henry I's Treasurer, had estab\nlished a rudimentary national financial system and the Pipe \nroll recording financial details at the end of Henry's reign \nis in existence .... The rolls contain much information \nconcerning royal debtors, administration, and personnel of \nthe King's government.\" L.B. Curzon, English Legal History \n64-65 (2d ed. 1979). \nPIR. abbr. PRESENTENCE INVESTIGATION REPORT. \npiracy, n. (16c) 1. Robbery, kidnapping, or other criminal \nviolence committed at sea. [Cases: Criminal Law \n45.50.] 2. A similar crime committed aboard a plane or \nother vehicle. 3. HIJACKING. [Cases: Aviation G..'-::> 16.] \nair piracy. (194S) The crime of using force or threat \nto seize control of an aircraft; the hijacking of an \naircraft, esp. one in flight. -Also termed aircraft \npiracy. [Cases: Aviation (;::::c 16.] \n4. The unauthorized and illegal reproduction or dis\ntribution of materials protected by copyright, patent, \nor trademark law. See INFRINGEMENT. [Cases: Copy\nrights and Intellectual Property Patents (;::::c \n226; Trademarks (;::::c 1418.] pirate, vb. piratical \n(pI-rat-<l-k<lI), adj. -pirate, n. \n\"[TJhe test of piracy [is] not whether the identical language, \nthe same words, are used, but whether the substance of the \nproduction is unlawfully appropriated.\" Eaton S. Drone. A \nTreatise on the Law ofProperty in Intellectual Productions \n97 (1879). \n\"[I]n some countries the problem is what might be called \nthe 'cycle of piracy' ~..... legitimate copyright owners refuse \nto sell in the country because of the piracy problem, which \nmeans that the only way the public can obtain the goods \nit wants is to turn to piracy. This in turn only strengthens \nthe resolve of copyright owners not to do business in the \ncountry.\" Intellectual Property in the New Technological Age \n514 (Robert P. Merges et aL eds., 1997). \nvideo piracy. The illegal copying and sale or rental of \ncopyrighted motion pictures. \npirate recording. Copyright. An unauthorized copy \nof the sounds on a copyright-protected recording, \nincluding digital duplication made available over the \nInternet. Sometimes also termed bootleg record\ning. [Cases: Copyrights and Intellectual Property (;::::c \n67.2.] \npiscary. 1. See FISHERY (1). 2. See common ofpiscary \nunder COMMON (1). \npit and gallows. Hist. Scots law. An ancient form of \ncapital punishment for theft by which a condemned \nwoman was drowned in a pit and a condemned man \nwas hanged on a gallows. \nPIT!. abbr. Principal, interest, taxes, and insurance \nthe components of a monthly mortgage payment. \nP.,. See presiding judge under JUDGE. \nPKPA. abbr. PARENTAL KIDNAPPING PREVENTION ACT. \npI. abbr. PLACITUM (8). \nP.L. abbr. PUBLIC LAW, placard (plak-ahrd or plak-<lrd). 1. Hist. An official \ndocument, such as a license or permit. 2. An adver\ntisement posted in a public place. \nplace land. See INDEMNITY LAND. \nplacement.!. The act ofselling a new issue ofsecurities \nor arranging a loan or"}
{"text": "MNITY LAND. \nplacement.!. The act ofselling a new issue ofsecurities \nor arranging a loan or mortgage. 2. The act of finding \nemployment for a person, esp. as done by an employ\nment agency. \nplace ofabode. (16c) A person's residence or domicile. \nSee ABODE; RESIDENCE; DOMICILE. [Cases: Domicile \nplace of business. (16c) A location at which one carries \non a business. Cf. DOMICILE (2). [Cases: Corporations \n(;::::c52.] \nprincipal place ofbusiness. (lS25) The place of a cor\nporation's chief executive offices, which is typically \nviewed as the \"nerve center. [Cases: Corporations ~~, \n52, 503(1).] \nplace ofcontracting. (ISc) The country or state in which \na contract is entered into. The place ofcontracting is \nnot necessarily the place where the document is signed; \nanother location be designated in the contract. \n[Cases: Contracts \nplace of delivery. (17c) The place where goods sold are \nto be sent by the seller. If no place is specified in the \ncontract, the seller's place ofbusiness is usu. the place \nofdelivery. UCC  2-308. [Cases: Sales C-=>79.] \nplace ofemployment. (17c) The location at which work \ndone in connection with a business is carried out; the \nplace where some process or operation related to the \nbusiness is conducted. \nplace ofperformance. The place where a promise is to be \nperformed, either by specific provision or by interpreta\ntion ofthe language of the promise. [Cases: Contracts \n(;::::c20S.] \nplace ofwrong. The place. esp. the state, where the last \nevent necessary to make an actor liable for an alleged \ntort takes place. [Cases: Torts (;::::c 103.] \nplace-of-wrong law. See LEX LOCI DELICTI. \nplace-of-wrong rule. See LEX LOCI DELICTI. \nplacer claim. See MINING CLAIM. \nplacita (plas-<l-ta), n. [Latin] pl. PLACITUM. \nplacitabile (plas-<l-tay-b<l-lee), adj. [Law Latin] That may \nbe pleaded; pleadable. \nplacita communia (plas-a-t<l b-myoo-nee-<l). [Latin] \nCommon pleas; civil actions between subject and \nsubject. \nplacita coronae (plas-<l-t<l b-roh-nee), [Latin] Pleas of \nthe Crown; criminal actions. \nplacita juris (plas-<l-ta joor-is). [Law Latin \"pleas oflaw\"] \nHist. Positive statements or gUiding principles of the \nlaw, in contrast to legal conclusions or maxims. \nplacitare (plas-<l-tair-ee), vb. [Law Latin] To plead; to \nbring an action in a court oflaw. \n\nplacitory (plas-d-tor-ee), adj. [Law Latin] Of or relating \nto pleas or pleading. \nplacitum (plas-d-tdm), n. [Latin] Hist. 1. Roman law. An \nimperial constitution. 2. A judicial decision. 3. A court; \na judicial tribunal. 4. A judicial proceeding; a trial. 5. A \nfine, mulct, or pecuniary punishment. 6. A pleading or \nplea. 7. A paragraph or section of a title or page where \nthe paint decided in a case is set forth separately. -\nAbbr. (in sense 7) pI. PI. placita. \nplacitum et conventio. See consensus ad idem under \nCONSENSUS. \nplacitumfractum (plas-d-tdm frak-tam). [Law Latin] \nHist. A day past or lost to the defendant. \nplacitum nominatum (plas-a-tam nom-a-nay-tam). \n[Law Latin] Hist. The day appOinted for a defendant to \nappear and plead. \nplacuit reg; et concilio suo (plak-yoo-it ree-jI et kan-sil\nee-oh s[y]oo-oh). [Law Latin] Hist. It has pleased the \nking and his council. \nplagiarism. (17c) 1he deliberate and knOWing presen\ntation of another person's original ideas or creative \nexpressions as one's own. -Generally, plagiarism is \nimmoral but not illegal. Jf the expression's creator gives \nunrestricted permission for its use and the user claims \nthe expression as original, the user commits plagia\nrism but does not violate copyright laws. Ifthe original \nexpression is copied without permission, the plagiarist \nmay violate copyright laws, even if credit goes to the \ncreator. And if the plagiarism results in material gain, \nit may be deemed a passing-off activity that violates \nthe Lanham Act. It can also be a criminal act under 17 \nUSCA  5-6. Cf. f:-.rFRINGEMENT. [Cases: Copyrights \nand Intellectual Property <>53(1).] -plagiarize \n(play-jd-nz), vb. plagiarist (play-ja-rist), n. \n\"Plagiarism, which many people commonly think has to do \nwith copyright, is not in fact a legal doctrine, True plagia\nrism is an ethical, not a legal, offense and is enforceable by \nacademic authorities, not courts. Plagiarism occurs when \nsomeone a hurried student, a neglectful professor, an \nunscrupulous writer -falsely claims someone else's words, \nwhether copyrighted or not, as his own. Of course, if the \nplagiarized work is protected by copyright, the unauthor \nized reproduction is also a copyright infringement,\" Paul \nGoldstein, Copyright's Highway 12 (1994), \n\"That the supporting evidence for the accusation of plagia \nrism may on occasion be elusive, insufficient, or uncertain, \nis not the same as thinking that the definition of plagia \nrism is uncertain. The gray areas may remain resistant to \nadjudication without being resistant to definition. It may \nbe perfectly clear what constitutes plagiarism ('using the \nwork of another with an intent to deceive') Without its being \nclear that what faces us is truly a case of this,\" Christopher \nRicks, \"Plagiarism,\" 97 Proceedings ofthe British Academy \n149,151 (1998), \nplagiarius (play-jee-air-ee-as), n. [Latin] Roman law. A \nkidnapper. \nplagium (play-jee-am), n. [Latin] Roman law. The act of \nkidnapping, esp. a slave or child, which included har\nboring another's slave. -Also termed crimen plagii. \nplaideur (play-or pie-dar), n. [Law French \"pleader\"] \nArchaic. An attorney at law; an advocate. plaidoyer (ple-dwah-yay), n. [French) Hist. An advocate's \nplea. \nplain bond. See DEBENTURE (3). \nplain error. See ERROR (2). \nplain-feel doctrine. (1984) Criminal procedure. The \nprinciple that a police officer, while conducting a legal \npat-down search, may seize any contraband that the \nofficer can immediately and clearly identify, by touch \nbut not by manipulation, as being illegal or incrimi\nnating. Also termed plain-touch doctrine. [Cases: \nSearches and Seizures (..':::>47.1.] \nplain-language law. (1978) Legislation requiring \nnontechnical, readily comprehensible language in \nconsumer contracts such as residential leases or insur\nance policies. -Many of these laws have genUinely \nsimplified the needlessly obscure language in which \nconsumer contracts have traditionally been couched. \n[Cases: Antitrust and Trade Regulation <>126; Insur\nance (...'=' 1773.] \nplain-language movement. (1978) 1. The loosely orga\nnized campaign to encourage legal writers and business \nwriters to write clearly and concisely without \nlegalese while preserving accuracy and precision. \n2. The body of persons involved in this campaign. \nplain meaning. See MEANING. \nplain-meaning rule. (1937) 1. The rule that ifa writing, \nor a provision in a writing, appears to be unambiguous \non its face, its meaning must be determined from the \nwriting itself without resort to any extrinsic evidence. \n Though often applied, this rule is often condemned as \nSimplistic because the meaning ofwords varies with the \nverbal context and the surrounding circumstances, not \nto mention the linguistic ability ofthe users and readers \n(including judges). Cf. GOLDEN RULE; MISCHIEF RULE; \nEQUITY-OF-THE STATUTE RULE. [Cases: Contracts <> \n143,152; Statutes 188.] \n\"On its positive side. the plain meaning rule states a tautol\nogy: Words should be read as saying what they say, The \nrule tells us to respect meaning but it does so without \ndisclosing what the specific meaning is. At best, it reaffirms \nthe preeminence of the statute over materials extrinsic to \nit. In its negative aspect, on the other hand, the rule has \nsometimes been used to read ineptly expressed language \nout of its proper context. in violation of established prin' \nciples of meaning and communication, To this extent it \nis an impediment to interpretation.\" Reed Dickerson, The \nInterpretation and Application ofStatutes 229 (1975). \n2. ORDINARY-MEANING RULE. \nplain-sight rule. See PLAIN-VIEW DOCTRINE. \nplaint. 1. Archaic. A complaint, esp. one filed in a replevin \naction. See COMPLAfNT (1). 2. Civil law. A complaint \nor petition, esp. one intended to set aside an allegedly \ninvalid testament. \nplaintiff. (14c) The party who brings a civil suit in a court \noflaw. -Abbr. pltf. Cf. DEFENDANT. \ninvoluntary plaintiff. A plaintiff who is joined in a \nlawsuit by court order when the party's joinder is \nimperative for the litigation and the party is subject \nto the court's jurisdiction but refuses to join the suit \n\n1268 plaintiff in error \nvoluntarily. _ Under Federal Rule ofCivil Procedure \n19(a), a party is usu. joined as a defendant but may be \njoined as an involuntary plaintiff in \"a proper case.\" \n[Cases: Federal Civil Procedure ~201; Parties \n18.] \nuse plaintiff. See USE PLAINTIFF. \nplaintiff in error. (17c) Archaic. 1. See APPELLANT. 2. \nSee PETITIONER. \nplaintiff's-viewpoint rule. The principle that courts \nshould measure the amount in controversy in a case \nby analyzing only the amount of damages claimed by \nthe plaintiff. [Cases: Federal Courts ~339.J \nplain-touch doctrine. See PLAIN-FEEL DOCTRINE. \nplain-vanilla swap. See INTEREST-RATE SWAP. \nplain-view doctrine. (1963) Criminal procedure. The rule \npermitting a police officer's warrantless seizure and use \nas evidence ofan item seen in plain view from a lawful \nposition or during a legal search when the officer has \nprobable cause to believe that the item is evidence of a \ncrime. Also termed clear-view doctrine; plain-sight \nrule. Cf. OPEN-fIELDS DOCTRINE. [Cases: Controlled \nSubstances 106, 115, 131; Searches and Seizures \n~471 \nPLAM. See price-level-adjusted mortgage under MORT\nGAGE. \nplan, n. 1. BANKRUPTCY PLAN. 2. EMPLOYEE BENEFIT \nPLAN. \nplanned obsolescence. See OBSOLESCENCE. \nplanned-unit development. A land area zoned for a sin\ngle-community subdivision with flexible restrictions \non residential, commercial, and public uses. Abbr. \nPUD. Cf. RESIDENTIAL CLUSTER. [Cases: Zoning and \nPlanning \n\"A PUD is primarily an alternative to traditional zoning since \nit provides a mixing of uses. The location and identification \nof the permitted uses are provided on the PUD map or \nplat, which closely resembles a subdivision plat. Develop \nment approval is generally granted for the PUD at one time \nrather than on a lot by lot basis and in that way closely \ntracks the subdivision approval process.\" Julian Conrad \nJuergensmeyer & Thomas E. Roberts, Land Use Planning \nand Development Regulation Law  7.15, at 288 (2003). \nplanning board. A local government body responsible \nfor approving or rejecting proposed building projects. \n-In most jurisdictions, the planning board's deci\nsions are subject to the review of the city council. \nAlso termed planning commission. [Cases: Zoning and \nPlanning <8::::>351.J \nplan ofarrangement. Bankruptcy. An insolvent debtor's \nwritten proposal for partially or completely settling \noutstanding debts. [Cases: Bankruptcy ~3661.101.] \nplan of rehabilitation. See BANKRUPTCY PLAN. \nplan of reorganization. See BANKRUPTCY PLAN. \nplan-of-the-convention doctrine. The principle that \neach U.S. state, by ratifying the U.S. Constitution, has \nconsented to the possibility of being sued by each of \nthe other states, and has no immunity from such a suit under the 11th Amendment. [Cases: Federal Courts \nplant patent. See PATENT (3). \nPlant Patent Act. Patents. The 1930 federal law that \nextended patent protection for developing \"any distinct \nand new\" varieties of asexually reproducing plants. \nBefore passage of the Act, plant patents were rejected \nbecause the subject matter was considered naturally \noccurring and therefore unpatentable. 35 DSCA \n 161-164. -Abbr. PPA. [Cases: Patents \nplant-patent claim. See PATENT CLAIM. \nPlant Variety Protection Act. Patents. The 1970 federal \nlaw that extended patent-like protection for developing \nnew and distinct varieties ofseed-producing plants. _ A \nCertificate ofPlant Variety Protection gives the"}
{"text": "protection for developing \nnew and distinct varieties ofseed-producing plants. _ A \nCertificate ofPlant Variety Protection gives the holder \nexclusive rights to sell, reproduce, and develop further \nhybrids from the plant. 7 USCA  2321-2582. Abbr. \nPVPA. [Cases: Patents~14.] \nplat. (15c) I. A small piece ofland; PLOT (1). 2. A map \ndescribing a piece of land and its features, such as \nboundaries, lots, roads, and easements. [Cases: Zoning \nand Planning ~245.1 \nplatform. A statement of principles and policies adopted \nby a political party as the basis ofthe party's appeal for \npublic support. [Cases: Elections ~121(1).] \nplatform committee. See COMMITTEE. \nplat map. (1941) A document that gives the legal descrip\ntions ofpieces ofland by lot, street, and block number. \n- A plat map is usu. drawn after the property has been \ndescribed by some other means, such as a government \nsurvey. Once a plat map is prepared, property descrip\ntions are defined by referring to the map. Plat maps are \nllSll. recorded by a government agency. \nplea, n. (13c) 1. An accused person's formal response \nof \"guilty,\" \"not guilty,\" or \"no contest\" to a criminal \ncharge. Also termed criminal plea. [Cases: Criminal \nLaw ~267-275.1 \nAlford plea. See ALFORD PLEA. \nblind plea. (1972) A guilty plea made without the \npromise of a concession from either the judge or the \nprosecutor. Cf. negotiated plea. \nconditional plea. A plea of guilty or nolo contendere \nentered with the court's approval and the govern\nment's consent, the defendant reserving the right to \nappeal any adverse determinations on one or more \npretrial motions. -Ifan appeal is successful, the plea \nis withdrawn and a new one entered. Fed. R. Crim. P. \n1l(a)(2). [Cases: Criminal Law 275.3.J \nguilty plea. (1942) An accused person's formal admis\nsion in court of having committed the charged \noffense. - A guilty plea must be made voluntarily \nand only after the accused has been informed ofand \nunderstands his or her rights. It ordinarily has the \nsame effect as a guilty verdict and conviction after a \ntrial on the merits. A guilty plea is usu. ofa plea \nbargain. [Cases: Criminal Law \n\n1269 \ninsanity plea. See INSANITY DEFENSE. \nnegotiated plea. (1956) The plea agreed to by a criminal \ndefendant and the prosecutor in a plea bargain. See \nPLEA BARGAIN. Cf. blind plea. [Cases: Criminal Law \n~273.l(2).] \nno-contest plea. See NO CONTEST. \nnolo plea. A plea by which the defendant does not \ncontest or admit guilt. See Fed. R. Crim. P. l1(b); NOLO \nCONTENDERE. [Cases: Criminal LawC~275.] \nnot-guilty plea. (1912) An accused person's formal \ndenial in court of having committed the charged \noffense. _ The prosecution must then prove all \nelements of the charged offense beyond a reason\nable doubt ifthe defendant is to be convicted. [Cases: \nCriminal Law C-::J299.) \nprovident plea. Military law. A plea that is entered \nknowingly, intelligently, and consciously, and is \nlegally and factually consistent and accurate. [Cases: \nMilitary Justice e:-~986.) \n2. At common law, the defendant's responsive pleading \nin a civil action. Cf. DECLARATION (7). [Cases: Pleading \n~76-100, 101-11l.]3. A factual allegation offered in \na case; a pleading. See DEM1JRRER. \naffirmative plea. See pure plea. \nanomalous plea. (1851) An equitable plea in which a \nparty states new facts and negates some of the oppo\nnent's stated facts. _ Partly confession and avoidance \nand partly traverse, the plea is appropriate when the \nplaintiff, in the bill, has anticipated the plea, and the \ndefendant then traverses the anticipatory matters. \nAlso termed plea not pure. Cf. pure plea. \ncommon plea. (17c) 1. A common-law plea in a civil \naction as opposed to a criminal prosecution. -Also \ntermed common cause; cornman suit. 2. Hist. A plea \nmade by a commoner. \n\"By 'common pleas' Magna Carta meant no more than \nordinary pleas between commoners.\" Alan Harding, A \nSocial History ofEnglish Law 51 (1966). \ndilatory plea (dil-J-tor-ee). (16c) A plea that does not \nchallenge the merits of a case but that seeks to delay \nor defeat the action on procedural grounds. [Cases: \nPleading ~101-111.49.) \n\"Dilatory pleas are those which do not answer the general \nright of the plaintiff, either by denial or in confession \nand avoidance, but assert matter tending to defeat the \nparticular action by resisting the plaintiff's present right \nof recovery. They may be divided into two main classes: \n(1) Pleas to the jurisdiction and venue. (2) Pleas in abate\nment. A minor class, sometimes recognized, is pleas in \nsuspension of the action.\" Benjamin J. Shipman, Handbook \nof Common-Law Pleading  220, at 382 (Henry Winthrop \nBallantine ed., 3d ed. 1923). \ndouble plea. (16c) A plea consisting in two or more \ndistinct grounds ofcomplaint or defense for the same \nissue. Cf. alternative pleading under PLEADING (2); \nDUPLICITY (2). \ngeneral plea. See general denial under DE~IAL. plea \nissuable plea. (17c) A plea on the merits presenting a \ncognizable complaint to the court. Cf. issuable defense \nunder DEFENSE (1). \njurisdictional plea. (1900) A plea asserting that the \ncourt lacks jurisdiction either over the defendant or \nover the subject matter of the case. Also termed \nplea to the jurisdiction. [Cases: Pleading ~J104.] \nnegative plea. (16c) A plea that traverses some material \nfact or facts stated in the bill. Also termed plea to \nthe action. \nnonissuable plea. (1841) A plea on which a court ruling \nwill not decide the case on the merits, such as a plea \nin abatement. \nperemptory plea. (18c) A plea that responds to the \nmerits of the plaintiffs claim. \nplea in abatement. (17c) A plea that objects to the place, \ntime, or method ofasserting the plaintiff's claim but \ndoes not dispute the claim's merits. - A defendant \nwho successfully asserts a plea in abatement leaves the \nclaim open for continuation in the current action or \nreassertion in a later action if the defect is cured. \nAlso termed abater. [Cases: Federal Civil Procedure \n~740; Pleading ~106.) \nplea in bar. See PLEA IN BAR. \nplea in confession and avoidance. See CONFESSION \nAND AVOIDANCE. \nplea in discharge. (18c) A plea that the defendant has \npreViously satisfied and discharged the plaintiff's \nclaim. \nplea in equity. (17c) A special defense relying on one \nor more reasons why the suit should be dismissed, \ndelayed, or barred. -The various kinds are (1) pleas \nto the jurisdiction, (2) pleas to the person, (3) pleas \nto the form ofthe bill, and (4) pleas in bar of the bill. \nPleas in equity generally fall into two classes: pure \npleas and anomalous pleas. \nplea in estoppel. (1831) Common-law pleading. A plea \nthat neither confesses nor avoids but rather pleads a \nprevious inconsistent act, allegation, or denial on the \npart of the adverse party to preclude that party from \nmaintaining an action or defense. \nplea in reconvention. Civil law. A plea that sets up a \nnew matter, not as a defense, but as a cross-complaint, \nsetoff, or counterclaim. [Cases: Pleading ~143.] \nplea in suspension. (1875) A plea that shows some \nground for not proceeding in the suit at the present \ntime and prays that the proceedings be stayed until \nthat ground is removed, such as a party's being a \nminor or the plaintiffs being an alien enemy. [Cases: \nPleading ~105.) \nplea not pure. See anomalous plea. \nplea ofconfession and avoidance. See CONFESSION AND \nAVOIDANCE. \nplea ofprivilege. (17c) A plea that raises an objection to \nthe venue ofan action. See CHANGE OF VENUE. [Cases: \nVenue 69.] \n\nplea bargain 1270 \nplea ofrelease. (ISc) A plea that admits the claim but \nsets forth a written discharge executed by a party \nauthorized to release the claim. See RELEASE (2). \nplea puis darrein continuance (pwis dar-ayn bn-tin\nyoo-;mts). [Law French \"plea since the last continu\nance\"] (ISc) A plea that alleges new defensive matter \nthat has arisen during a continuance of the case and \nthat did not exist at the time of the defendant's last \npleading. [Cases: Pleading \nplea to further maintenance to the action. Hist. A \ndefensive plea asserting that events occurring after \nthe commencement of the action necessitate its dis\nmissal.  The plea is obsolete because ofthe pleading \nrequirements in federal and state rules ofcivil pro\ncedure. \nplea to the action. See negative plea. \nplea to the declaration. (lS20) A plea in abatement that \nobjects to the declaration and applies immediately to \nit. -Also termed plea to the count. \nplea to the jurisdiction. See jurisdictional plea. \nplea to the person ofthe defendant. (1872) A plea in \nabatement alleging that the defendant has a legal dis\nability to be sued. \nplea to the person of the plaintiff. (1821) A plea in \nabatement alleging that the plaintiff has a legal dis\nability to sue. \nplea to the writ. (17c) A plea in abatement that objects \nto the writ (summons) and applies (1) to the form of \nthe writ for a matter either apparent on the writ's face \nor outside the writ, or (2) to the way in which the writ \nwas executed or acted on. \npure plea. (18c) An equitable plea that affirmatively \nalleges new matters that are outside the bill.  If \nproved, the effect is to end the controversy by dis\nmissing, delaying, or barring the suit. A pure plea \nmust track the allegations of the bill, not evade it or \nmistake its purpose. Originally, this was the only plea \nknown in equity. Also termed affirmative plea. Cf. \nanomalous plea. \nrolled-up plea. (1929) Defamation. A defendant's plea \nclaiming that the statements complained of are factual \nand that, to the extent that they consist ofcomment, \nthey are fair comment on a matter ofpublic interest. \nSee FAIR COMMENT. [Cases: Libel and Slander \n4S(1), 93, 94.] \nspecial plea. (l6c) A plea alleging one or more new facts \nrather than merely disputing the legal grounds of the \naction or charge. _ All pleas other than general issues \nare special pleas. See general issue under ISSUE (1). \nplea bargain, n. (1963) A negotiated agreement between \na prosecutor and a criminal defendant whereby the \ndefendant pleads guilty to a lesser offense or to one of \nmultiple charges in exchange for some concession by the \nprosecutor, usu. a more lenient sentence or a dismissal \nof the other charges. Also termed plea agreement; \nnegotiated plea; sentence bargain. [Cases: Criminal Law C;;>273.1(2).] plea-bargain, vb. -plea-bargaining, \nn. \ncharge bargain. (IS90) A plea bargain in which a pros\necutor agrees to drop some ofthe counts or reduce \nthe charge to a less serious offense in exchange for a \nplea ofeither guilty or no contest from the defendant. \n[Cases: Criminal Law (:::::-273.1(2), 275.4(2).] \nsentence bargain. (1973) A plea bargain in which a \nprosecutor agrees to recommend a lighter sentence in \nexchange for a plea ofeither guilty or no contest from \nthe defendant. [Cases: Criminal Law (:::::-273.1(2), \n275.4(2).] \nplead, vb. (l3c) 1. To make a specific plea, esp. in response \nto a criminal charge <he pleaded not guilty>. [Cases: \nCriminal Law (:::::-267-301.] 2. To assert or allege in a \npleading <fraud claims must be pleaded with particu\nlarity>. [Cases: Federal Civil Procedure C-::621, 636; \nPleading (;::J 1, IS.] 3. To file or deliver a pleading <the \nplaintiff hasn't pleaded yet>. \npleader. (l3c) 1. A party who asserts a particular \npleading. 2. A person who pleads in court on behalf \nof another. 3. Hist. At common law, a person who \n(though not an attorney) specialized in preparing \npleadings for others. -Also termed special pleader. \n4. Hist. NARRATOR. \npleading, n. (I6c) 1. A formal document in which a party \nto a legal proceeding (esp. a civil lawsuit) sets forth or \nresponds to allegations, claims, denials, or defenses. \n In federal civil procedure, the main pleadings are \nthe plaintiff's complaint"}
{"text": ", denials, or defenses. \n In federal civil procedure, the main pleadings are \nthe plaintiff's complaint and the defendant's answer. \n[Cases: Federal Civil Procedure (:::::-621; Pleading \n1.] \naccusatory pleading. (190S) An indictment, informa\ntion, or complaint by which the government begins a \ncriminal prosecution. \namended pleading. (1809) A pleading that replaces an \nearlier pleading and that contains matters omitted \nfrom or not known at the time ofthe earlier pleading. \nCf. supplemental pleading. [Cases: Federal Civil Pro\ncedure (;::J821-852.1; Pleading (;::J229-271.] \n\"An amendment is the correction of an error or the supply\ning of an omission in the process or pleadings. An amended \npleading differs from a supplemental pleading in that the \ntrue function of the latter is to spread upon the record \nmatter material to the issue which has arisen subsequent to \nthe filing of a pleading, while matter of amendment purely \nis matter that might well have been pleaded at the time \nthe pleading sought to be amended was filed, but which \nthrough error or inadvertence was omitted or misstated. \nIt has been declared that the allowance of amendments is \nincidental to the exercise of all judicial power and is indis \npensable to the ends of justice.\" Eugene A. Jones, Manual \nof Equity Pleading and Practice 68 (1916). \nanomalous pleading. (1845) A pleading that is partly \naffirmative and partly negative in its allegations. \nargumentative pleading. A pleading that states allega\ntions rather than facts, and thus forces the court to \ninfer or hunt for supporting facts . Conclusory state\nments in court papers are a form of argumentative \n\n1271 \npleading. -Also termed inferential pleading. [Cases: \nFederal Civil Procedure (~J641; Pleading C:;,8, 17.] \narticulated pleading. (1953) A pleading that states \neach allegation in a separately numbered paragraph. \n[Cases: Pleadi ng <~52.J \ndefective pleading. (l7c) A pleading that fails to meet \nminimum standards of sufficiency or accuracy in \nform or substance. \nhypothetical pleading. A pleading asserting that if a \ncertain fact is true, then a certain result must follow. \n Hypothetical pleadings are generally improper. \n[Cases: Federal Civil Procedure ~~675.1.] \ninferential pleading. See argumentative pleading. \npleading to the merits. A responsive pleading that \naddresses the plaintiff's cause of action, in whole or \nin part. \nresponsive pleading. (1833) A pleading that replies to \nan opponent's earlier pleading. See ANSWER. [Cases: \nPleading (;=76.J \nsham pleading. (1825) An obviously frivolous or absurd \npleading that is made only for purposes ofvexation or \ndelay. Also termed sham plea:false plea; (archai\ncally) deceitful plea. [Cases: Federal Civil Procedure \nC-~1139; Pleading (;=359, 362(3).] \nshotgun pleading. (1964) A pleading that encompasses \na wide range ofcontentions, usu. supported by vague \nfactual allegations. \nsupplemental pleading. (1841) A pleading that either \ncorrects a defect in an earlier pleading or addresses \nfacts arising since the earlier pleading was filed. \n Unlike an amended pleading, a supplemental \npleading merely adds to the earlier pleading and does \nnot replace it. Cf. amended pleading. [Cases: Federal \nCivil Procedure Cc::>861-871; Pleading (;=273.] \n2. A system of defining and narrowing the issues in \na lawsuit whereby the parties file formal documents \nalleging their respective positions. \nalternative pleading. (1868) A form of pleading \nwhereby the pleader alleges two or more independent \nclaims or defenses that are not necessarily consistent \nwith each other, such as alleging both intentional \ninfliction of emotional distress and negligent inflic\ntion ofemotional distress based on the same conduct. \nFed. R. Civ. P. 8(e)(2). -Also termed pleading in the \nalternative. Cf. DUPLICITY (2); double plea under PLEA \n(3). [Cases: Federal Civil ProcedureCc::>675; Pleading \n(~='20, 50-53, 89.] \nartful pleading. (1950) A plaintiff's disguised phrasing \nof a federal claim as solely a state-law claim in order \nto prevent a defendant from removing the case from \nstate court to federal court. [Cases: Removal ofCases \n~;)25(l).J \ncode pleading. (1860) A procedural system requiring \nthat the pleader allege merely the facts of the case \ngiving rise to the claim or defense, not the legal con\nclusions necessary to sustain the claim or establish plead over \nthe defense. -Also termed fact pleading. Cf. issue \npleading. [Cases: Pleading (:::;:;8,9,48.] \ncommon-law pleading. The system ofpleading histori\ncally used in the three common-law courts ofEngland \n(the King's Bench, the Common Pleas, and the Exche\nquer) up to 1873. \nequity pleading. (18c) The system of pleading used in \ncourts ofequity. _ In most jurisdictions, rules unique \nto equity practice have been largely supplanted by one \nset ofrules ofcourt, esp. where law courts and equity \ncourts have merged. [Cases: Equity C:-::0128-335.] \nfact pleading. See code pleading. \nissue pleading. (1916) The common-law method of \npleading, the main purpose of which was to frame \nan issue. Cf. code pleading. [Cases: Pleading ~1, \n16,48.) \nnotice pleading. (1918) A procedural system requiring \nthat the pleader give only a short and plain statement \nof the claim shOWing that the pleader is entitled to \nrelief, and not a complete detailing of all the facts. \nFed. R. Civ. P. 8(a). [Cases: Federal Civil Procedure \n~:'673; Pleading (';216,48.) \npleading in the alternative. See alternative pleading. \nspecial pleading. See SPECIAL PLEADING. \n3. The legal rules regulating the statement of the \nplaintiff's claims and the defendant's defenses <today, \npleading is a much simpler subject than it was in former \nyears>. \npleading the baby act. See BABY ACT, PLEADING THE. \npleading the Fifth. (1953) The act or an instance of \nasserting one's right against self-incrimination under \nthe Fifth Amendment. -Also termed taking the Fifth. \nSee RIGHT AGAINST SELF-INCRIMINATION. [Cases: ''''it\nnesses (;=297.] \nplead (one's) belly. Hist. Slang. (Of a female defendant) to \nclaim pregnancy as a defense, usu. to postpone or avoid \na court's sentence of capital punishment or transporta\ntion. A woman who pleaded that she was pregnant \nwas treated with suspicion. The judge would appoint \na jury of matrons (often consisting of 12 married \nmothers) to examine the claimant (under the writ de \nventre inspiciendo). If the woman was declared to be \n\"quick with child\" (in an advanced state of pregnancy \nrather than \"barely with child\" or only newly or just \npOSSibly pregnant), she enjoyed a reprieve from execu\ntion or transportation until after the child's birth (or \nmiscarriage). Because juries ofmatrons often declared \nbarren defendants to be pregnant, a court would keep \ntrack of a reprieved woman to see ifthe delay was jus\ntified or if she should be made to suffer the sentence \n(\"called down\") at the next session. Although the plea \nand the special jury are no longer in use, the prohibi\ntion against executing a pregnant woman persists in \nmodern law. 18 USCA  3596(b). \nplead over, vb. (17c) 1. To fail to notice a defective alle\ngation in an opponent's pleading before responding to \nthe pleading. [Cases: Pleading (;=406(3),409(3).) 2. \n\nHist. To plead the general issue after a defendant has \nhad a dilatory plea overruled. See AIDER BY PLEADING \nOVER. \nplead the Fifth. See TAKE THE FIFTH. \nplea in abatement. See PLEA (3). \nplea in avoidance. See affirmative defense under DEFENSE \n(1). \nplea in bar. (17c) A plea that seeks to defeat the plaintiff's \nor prosecutor's action completely and permanently. \ngeneral plea in bar. (18c) A criminal defendant's plea \nofnot guilty by which the defendant denies every fact \nand circumstance necessary to be convicted of the \ncrime charged. [Cases: Criminal Law ~299.] \nspecial plea in bar. (l7c) A plea that, rather than \naddressing the merits and denying the facts alleged, \nsets up some extrinsic fact showing why a criminal \ndefendant cannot be tried for the offense charged . \nExamples include the plea ofautrefois acquit and the \nplea ofpardon. [Cases: Criminal Law ~286.] \nplea in confession and avoidance. See CONFESSION AND \nAVOIDANCE. \nplea in discharge. See PLEA (3). \nplea in equity. See PLEA (3). \nplea in estoppel. See PLEA (3). \nplea in justification. See affirmative defense under \nDEFENSE (1). \nplea in reconvention. See PLEA (3). \nplea in suspension. See PLEA (3). \nplea not pure. See anomalous plea under PLEA (3). \nplea ofconfession and avoidance. See CONFESSION AND \nAVOIDANCE. \nplea of pregnancy. Hist. A plea of a woman convicted \nof a capital crime to stay her execution until she gives \nbirth. See PLEAD (ONE'S) BELLY. \nplea ofprivilege. See PLEA (3). \nplea ofrelease. See PLEA (3). \nplea of sanctuary. See DECLINATORY PLEA. \nplea oftender. (l8c) At common law, a pleading assert\ning that the defendant has consistently been willing to \npay the debt demanded, has offered it to the plaintiff, \nand has brought the money into court ready to pay the \nplaintiff. See TENDER. \nplea puis darrein continuance. See PLEA (3). \npleasure appointment. See APPOINTMENT (1). \nplea to further maintenance to the action. See PLEA \n(3). \nplea to the action. See negative plea under PLEA (3). \nplea to the count. See plea to the declaration under PLEA \n(3). \nplea to the declaration. See PLEA (3). \nplea to the jurisdiction. See jurisdictional plea under \nPLEA (3). plea to the person ofthe defendant. See PLEA (3). \nplea to the person ofthe plaintiff. See PLEA (3). \nplea to the writ. See PLEA (3). \nplebeian (pli-bee-;m), n. Roman law. A member of the \nRoman plebs; an ordinary citizen, not a member ofthe \nupper class (patricians). \nplebiscite (pleb-;J-sIt or pleb-;J-sit), n. (1860) 1. A binding \nor nonbinding referendum on a proposed law, consti\ntutional amendment, or significant public issue. Cf. \nREFERENDUM; INITIATIVE. 2. Int'llaw. A direct vote \nof a country's electorate to decide a question ofpublic \nimportance, such as union with another country or a \nproposed change to the constitution. -plebiscitary \n(pl;J-bi-s;J-ter-ee), adj. \nplebiscitum (pleb-;J-SI-t;Jm), n. [Latin] Roman law. An \nenactment passed at the request of a tribune by the \nassembly ofthe common people (the concilium plebis). \nSee CONCILIUM PLEBIS. PI. plebiscita. \nplebs (plebz), n. [Latin] Roman law. The common people \nin ancient Rome; the general body ofcitizens, excluding \nthe patricians. PI. plebes (plee-beez). \npledge, n. (14c) 1. A formal promise or undertaking. Cf. \nOATH. 2. The act of providing something as security \nfor a debt or obligation. [Cases: Pledges ~1.] 3. A \nbailment or other deposit of personal property to a \ncreditor as security for a debt or obligation; PAWN (2). \nSee contract to pledge under CONTRACT. Cf. LIEN (1). 4. \nThe item of personal property so deposited; PAWN (1). \n5. The thing so provided. -Formerly also termed safe\npledge. 6. A security interest in personal property rep\nresented by an indispensable instrument, the interest \nbeing created by a bailment or other deposit ofpersonal \nproperty for the purpose of securing the payment of a \ndebt or the performance of some other duty. 7. Hist. \nA person who acts as a surety for the prosecution of a \nlawsuit . In early practice, pledges were listed at the \nend ofthe declaration. Over time the listing ofpledges \nbecame a formality, and fictitious names (such as \"John \nDoe\" or \"Richard Roe\") were allowed. -pledge, vb. \npledgeable, adj. \n\"A pledge is something more than a mere lien and some\nthing less than a mortgage.\" Leonard A. Jones, A Treatise \non the Law of Collateral Securities and Pledges  2, at 4 \n(Edward M. White rev., 3d ed. 1912). \n\"A pledge is a bailment of personal property to secure an \nobligation of the bailor. If the purpose of the transaction \nis to transfer property for security only, then the courts \nwill hold the transaction a pledge, even though in form it \nmay be a sale or other out-"}
{"text": "for security only, then the courts \nwill hold the transaction a pledge, even though in form it \nmay be a sale or other out-and-out transfer.\" Ray Andrews \nBrown, The Law of Personal Property  128, at 622 (2d \ned. 1936). \n\"The pledge is as old as recorded history and is still in use, \nas the presence of pawnbrokers attests. In this transaction \nthe debtor borrows money by physically transferring to a \nsecured party the possession of the property to be used \nas security, and the property will be returned if the debt is \nrepaid. Since the debtor does not retain the use of pledged \ngoods, this security device has obvious disadvantages \nfrom the debtor's point of view.\" Ray D. Henson, Secured \nTransactions  3-1, at 17 (3d ed. 1983). \npledged account. See ACCOUNT. \n\n1273 \npledgee. One with whom a pledge is deposited. [Cases: \nPledges \npledgery. Archaic. See SURETYSHIP (1). \npledgor. One who gives a pledge to another. -Also \nspelled pledger. [Cases: Pledges C=>8.] \nplegiis acquietandis. See DE PLEGIIS ACQUIETANDIS. \nplena aetas (plee-n<l ee-tas). [Latin] Full age. See AGE \nOF MAJORITY. \nplena forisfactura (plee-n::1 for-is-fak-ch::1r-<l). [Latin \n\"complete forfeiture\"] A forfeiture ofall that one pos\nsesses. [Cases: Forfeitures C=> 1.] \nplena probatio. See probatio plena under PROBATIO. \nplenarty (plee-n<lr-tee or plen-<lr-tee), n. Hist. The condi\ntion of being full or occupied; esp., the state of a benefice \nthat is lawfully occupied by an incumbent. \nplenary (plee-n::1-ree or plen-<l-ree), adj. (ISc) 1. Full; \ncomplete; entire <plenary authority>. 2. (Of an \nassembly) intended to have the attendance of all \nmembers or participants <plenary session>. \nplenary action. See ACTION (4). \nplenary confession. See CONFESSION. \nplenary guardianship. See GUARDIA!IISHIP. \nplenaryjurisdiction. See JURISDICTION. \nplenary power. See POWER (3). \nplenary review. See JU'DICIAL REVIEW. \nplenary session. See SESSION (1). \nplenary suit. See SUIT. \nplene (plee-nee), adv. [Latin] Fully; completely; suffi\nciently. \nplene administravit (plee-nee ad-min-::1-stray-vit). [Law \nLatin \"he has fully administered\"] Hist. A defensive \nplea in which an executor or administrator asserts that \nno assets remain in the estate to satisfy the plaintiffs \ndemand. \nplene administravit praeter (plee-nee ad-min-d-stray\nvit pree-t<lr). [Law Latin \"he has fully administered, \nexcept\"] Hist. A defensive plea in which an executor \nor administrator asserts that no assets remain in the \nestate, except a stated few that are insufficient to satisfy \nthe plaintiff's demand. \nplene computavit (plee-nee kom-pyoo-tay-vit). [Law \nLatin \"he has fully accounted\"] Hist. A plea in an action \nofaccount render, alleging that the defendant has fully \naccounted. See ACCOUNTING (3). \nplenipotentiary (plen-::1-p::1-ten-shee-er-ee). A person \nwho has full power to do a thing; a person fully com\nmissioned to act for another. See minister plenipoten\ntiary under MINISTER. \npleno jure (plee-noh joor-ee). [Latin] Hist. With full \nright. The phrase usu. referred to a conveyance of \nthe full rights to property. \nplenum dominium. See dominium plenum under \nDOMINIUM. plus factor \nplevin (plev-in), n. Archaic. An assurance or warrant; \na pledge. \nPlimsoll marks. See LOAD LINE (2). \nPLL. abbr. See product-liability loss under LOSS. \nplot, n. (bef. 12c) 1. A measured piece ofland; LOT (1). \nCf. PLAT (1). 2. A plan forming the basis of a conspiracy. \n[Cases: Conspiracy 1.1,24(1).] \nplot plan. (1925) A plan that shows a proposed or present \nuse of a plot of land, esp. of a residential area. [Cases: \nZoning and Planning C=>24S.] \nplottage. (1916) The increase in value achieved by com\nbining small, undeveloped tracts ofland into larger \ntracts. \nplow back, vb. To reinvest earnings and profits into a \nbusiness instead of paying them out as dividends or \nwithdrawals. [Cases: Corporations C-'-;) 152.] \nplowbote. See BOTE (1). \nplowland. See CARUCATE. \nplowman's fee. See FEE (2). \nPLR. abbr. PUBLIC-LENDING RIGHT. \npltf. abbr. PLAINTIFF. \nplunder. See PILLAGE. \nplunderage. Maritime law. The embezzling of goods on \na ship. \nplurality. (1803) The greatest number (esp. of votes), \nregardless of whether it is a simple or an absolute \nmajority <a four-member plurality of the Supreme \nCourt agreed with this view, which received more votes \nthan any other>. Also termed plural majority. Cf. \nMAJORITY (2). \nplurality opinion. See OPINION (1). \nplurality vote. See PLURALITY. \n. plurality voting. 1. See PLURALITY. 2. See VOTING. I \nplural majority. See PLURALITY. \nplural marriage. 1. See MARRIAGE (1). 2. See POLYGAMY. , \n. plural wife. See WIFE. \npluries (pluur-ee-eez), n. [Latin \"many times\"] (lSc) A \nthird or subsequent writ issued when the previous writs \nhave been ineffective; a writ issued after an alias writ. \nAlso termed pluries writ. [Cases: Process C::>4S.] \nplurinational administrative institution. lnt'llaw. An \nentity deSigned to perform transnational administra\ntive activities when politically oriented international \norganizations and traditional international agreements \nare unsuitable . These institutions usu. arise in fields \nwhere transnational arrangements are necessary (such \nas natural-resource management, transportation, or \nutilities), and they are often organized as international \ncorporations, national agencies, or private corpora\ntions. \nplurium defense. See MULTIPLE ACCESS. \nplus factor. A fact that supports finding that a specified \nlegal test has been satisfied. \n\n1274 plus petere tempore \nplus petere tempore (plds pd-ten-dI tem-pd-ree). [Latin \n\"to overclaim in point of time\"] Roman law. To claim \nbefore payment was due. \nplus petitio (plds-p;:>-tish-ee-oh). [Latin \"overclaim\" or \n\"claiming too much\"] Roman law. A claim for more \nthan is due; esp., the mistake ofclaiming more in one's \npleadings than is due . This was fatal to the action \nunder classical law. Under cognitio extraordinaria, \nhowever, a claimant could continue the action, but \ncould be liable for treble damages to any person injured \nby the overstated claim. Also spelled (erroneously) \npluspetitio. Also termed pluris petitio. \n\"A plaintiff may overclaim ... in substance (re) when he \nclaims a bigger amount than is due to him; in time (tempore) \nwhen he claims before the payment is due; in place (loco), \nwhen he claims at a place (in a city) other than that where \nthe payment had to be performed ... or in cause (causa) \nwhen he claims a certain thing although the debtor had \nthe right to choose between two or more things. .. After \nthe abolition of the formula regime the pluspetitio lost its \nactuality. Imperial legislation modified the severe provi\nsions against overciaims.. In Justinian's law the plaintiff \nlost the case only if he maliciously persisted during the \nwhole trial in his overclaim.\" Adolf Berger, Encye/opedic \nDictionary ofRoman Law 633 (1953). \nplus quam tolerabile (plds kwam tol-d-rab-d-lee). [Latin] \nHist. More than can be endured . The phrase appeared \nin reference to damage to crops from unavoidable \ncauses (vis major). \np.m. abbr. POST MERIDIEM. \nPM. abbr. 1. POSTMASTER. 2. PRIME MINISTER. 3. BUREAU \nOF POLITICAL-MILITARY AFFAIRS. \nPMI. abbr. Private mortgage insurance. See mortgage \ninsurance under INSURANCE. \nPMM. See purchase-money mortgage under \nMORTGAGE. \nPMRT. See purchase-money resulting trust under \nTRUST. \nPMSI. See purchase-money security interest under \nSECURITY INTEREST. \npneumoconiosis. Chronic lung disease and related COI1\nditions characterized by respiratory and pulmonary \nimpairments and caused or aggravated by coal-dust \nexposure during coal-mine employment . The disease \nis usu. latent and often does not manifest until after \ncoal-dust exposure has ended. 20 CFR  718.201. \nAlso termed black-lung disease. [Cases: Labor and \nEmployment ~-:>2680, 2689.] \nclinical pneumoconiosis. Any medically recognized \ncondition caused by coal-dust exposure while \nworking in a coal mine and characterized by large, \npermanent deposits ofparticulate matter in the lungs, \ncoupled with the lung tissue's fibrotic reaction . \nSome examples ofclinical pneumoconioses are silico\nsis or silicotuberculosis, massive pulmonary fibrosis, \nand anthrosilicosis. Cf.legal pneumoconiosis. [Cases: \nLabor and Employment C=.)2680, 2689.] \nlegal pneumoconiosis. Any chronic restrictive or \nobstructive pulmonary disease or impairment and related conditions arising out of coal-mine employ\nment. Cf. clinical pneumoconiosis. [Cases: Labor and \nEmployment C=>2680, 2689.] \nP.O. abbr. 1. Post office. 2. PURCHASE ORDER. \npoaching, n. The illegal taking or killing offish or \non another's land. [Cases: Fish 13(1); Game \n7.] -poach, vb. \npocket immunity. See IMMUNITY (3). \npocket judgment. Hist. See STATUTE MERCHANT (1). \npocket money. See HAT MONEY. \npocket part. (1931) A supplemental pamphlet inserted \nusu. into the back inside cover of a lawbook, esp. a \ntreatise or code, to update the material in the main text \nuntil the publisher issues a new edition of the entire \nwork. Legal publishers frequently leave a little extra \nroom inside their hardcover books so that pocket parts \nmay later be added. Also termed cumulative supple\nment. \npocket veto. See VETO. \nP.O.D. abbr. Pay on delivery. \nPOD account. See pay-an-death account under \nACCOUNT. \npoena (pee-nd). [Latin] (1859) Punishment; penalty. \npoena arbitraria (pee-nd ahr-bi-trair-ee-J). [Law Latin] \nHist. Arbitrary punishment; punishment left to a \njudge's discretion. \npoena corporalis (pee-nd kor-p;:>-ray-lis). [Latin] Hist. \nCorporal punishment. \npoena ordinaria (pee-nJ or-di-nair-ee-d). [Law Latin] \nHist. Ordinary punishment; punishment fixed by law. \npoena pecuniary. A fine. \npoenae secundarum nuptiarum (pee-nee sek-dn\ndair-dm ndp-shee-air-dm). [Latin \"penalties ofsecond \nmarriages\"] Roman law. Disabilities that, for the pro\ntection ofchildren ofa first marriage, are imposed on \na parent who remarries. \n\"If either parent re-married, the interests of the children \nof the first marriage were protected (in the later Roman \nEmpire) by a number of legal rules the effect of which was \nto confer certain benefits on the children and to impose \ncertain disabilities the socalled poenae secundarum \nnuptiarum on the parens binubus. The most important \nof these rules was that which declared that all the property \nwhich the parens binubus had acquired gratuitously from \nhis or her deceased spouse, whether by way of gift, dos, \ndonatio propter nuptias, or testamentary disposition \nthe socalled lucra nuptialia should become ipso jure \nthe property of the children of the first marriage at the \nmoment of the conclusion of the second marriage, and that \nonlya usufruct should be reserved for the parens binubus.\" \nRudolph Sohm, The Institutes; A Textbook ofthe History and \nSystem of Roman Private Law 477 Uames Crawford Ledlie \ntrans., 3d ed. 1907). \npoena lis (pi-nay-lis), adj. [Latin] Roman law. Imposing \na penalty; penal. \npoena pilloralis (pee-nd pil-d-ray-lis). (Latin] Hist. Pun\nishment of the pillory. \n\n1275 Polaroid test \npoenitentia (pee-nd-ten-shee-d or pen-d), n. [Latin \n\"repentance\"] Roman law. Reconsideration; changing \none's mind. \npoinding (pin-ding), n. Scots law. A judgment credi\ntor's seizing of a debtor's corporeal movable property \nto satisfy the debt. -poind, vb. \npoint, n. (l3c) 1. A pertinent and distinct legal propo\nsition, issue, or argument <point"}
{"text": "\npoint, n. (l3c) 1. A pertinent and distinct legal propo\nsition, issue, or argument <point of error>. 2. Parlia\nmentary law. Any of several kinds of requests made in \na deliberative body. See REQUEST. \npoint ofclarification. A question about procedure or \nsubstance. \npoint ofinformation. An inquiry asking a question \nabout a motion's merits or effect. - A point of infor\nmation can be made only to seek information, not \nto volunteer information. It may request an objec\ntive fact or an expert opinion, but may not request \nanyone -including the chair or the mover -to spec\nulate about how he or she expects or intends that the \npresent or future leadership will interpret or apply a \nmotion. See INQUIRY (2). Also termed question of \ninformation. \npoint oforder. A request suggesting that the meeting \nor a member is not following the applicable rules \nand asking the chair enforce the rules. _ Some orga\nnizations use the term \"point of order\" as a generic \nterm that also includes a parliamentary inquiry and \na question of privilege. -Also termed question of \norder. See parliamentary inquiry under INQUIRY; \nquestion ofprivilege under QUESTION (3). \npoint ofprivilege. A motion that raises a question of \nprivilege. See question ofprivilege under QUESTION \n(3); RAISE A QUESTIO:-< OF PRIVILEGE. \nprocedural point. A request that raises a personal privi\nlege relating to a member's ability to participate effec\ntively in the meeting, such as the member's ability \nto see or hear the proceedings. See personal privilege \nunder PRIVILEGE (5). \n3. One percent of the face value of a loan (esp. a \nmortgage loan), paid up front to the lender as a service \ncharge or placement fee <the borrower hoped for only \na two-point fee on the mortgage>. -Also termed \nmortgage point. See MORTGAGE DISCOUNT. 4. A unit \nused for quoting stock, bond, or commodity prices <the \nstock closed up a few points today>. 5. A payment to \nsecure a loan, stated as a percentage of the loan's face \namount. \npoint-and-dickagreement. (2000) An electronic version \nof a shrink-wrap license in which a computer user \nagrees to the terms of an electronically displayed agree\nment by pointing the cursor to a particular location on \nthe screen and then clicking. _ Point-and-click agree\nments usu. require express acceptance only once but \nmay include a clause providing for a user's ongoing\nacceptance of any changes to the agreement's terms, \nwhether or not the user is notified of the changes. See \nshrink-wrap license under LICENSE. Also termed \ne-contract; click-wrap license; click-wrap agreement; user agreement; website-user agreement; web-wrap \nagreement. Cf. E-CONTRACT. [Cases: Copyrights and \nIntellectual Property (;:::;: 107.J \npoint of attachment. Copyright. A connection with a \ncopyright-convention member nation sufficient to make \na work eligible for protection under that convention. _ \nFor example, a work is eligible for Berne Convention \nprotection ifthe author is a citizen of a Berne member \nnation or if the work originated in a Berne member \nnation. Also termed cormectingfactor. [Cases: Copy\nrights and Intellectual Property <::;:> 34.J \npoint oferror. (18c) An alleged mistake by a lower court \nasserted as a ground for appeal. See ERROR (2); WRIT OF \nERROR. [Cases: Appeal and Error (;:::;:758.3; Criminal \nLaw (;:::> 1130(2).J \npoint of fact. A discrete factual proposition at issue in \na case. \npoint oflaw. (16c) A discrete legal proposition at issue \nin a case. \nreserved point oflaw. (1821) An important or difficult \npoint oflaw that arises during trial but that the judge \nsets aside for future argument or decision so that tes\ntimony can continue. -Also termed point reserved. \npoint reserved. See reserved point o.flaw under POI~T \nOF LAW. \npoints-and-authorities brief. See brief on the merits \nunder BRIEF (1). \npoint source. Environmental law. The discernible and \nidentifiable source from which pollutants are dis\ncharged. [Cases: Environmental Law (;:::;: 175.J \npoint system. (1955) Criminal law. A system that assigns \nincremental units to traffic violations, the accumula\ntion of a certain number within a year resulting in the \nautomatic suspension of a person's driving privileges. \n[Cases: Automobiles 144.1(3).] \npoisonous-tree doctrine. See FRUIT-OF-THE-POISON\nOUS-TREE DOCTRINE. \npoison pill. A corporation's defense against an unwanted \ntakeover bid whereby shareholders are granted the \nright to acquire equity or debt securities at a favor\nable price to increase the bidder's acquisition costs. \nOften shortened to pill. See TAKEOVER DEFENSE; SHARK \nREPELLANT. Cf. PORCUPINE PROVISION. [Cases: Corpo\nrations (;:::;:310(1).] \n\"Another recent tactic is the 'poison pill' which is a condi\ntional stock right that is triggered by a hostile takeover and \nmakes the takeover prohibitively expensive. The poison pill \nis a variation of the scorched earth defense ....\" Thomas \nLee Hazen, The Law of Securities Regulation  11.20, at \n575 (2d ed. 1990). \nPolaroid test. Trademarks. A judicial test for trademark \ninfringement, analyzing eight factors: (1) strength ofthe \nmark, (2) similarity between the marks, (3) proximity \nof the products' markets, (4) effects on market expan\nsion (ability to \"bridge the gap\"), (5) actual confusion, \n(6) the defendant's good or bad faith, (7) quality of the \nproducts, and (8) sophistication of the buyer. Polaroid \n\n1276 police \nCorp. v. Polarad Electronics Corp., 287 F.2d 492, 495 (2d \nCir. 1961). [Cases: Trademarks C;;;, 1081.] \npolice, n. 1. The governmental department charged \nwith the preservation of public order, the promotion \nof public safety, and the prevention and detection of \ncrime. [Cases: Municipal Corporations 180.] 2. \nThe officers or members of this department. [Cases: \nMunicipal Corporations C~184.] -police, vb. \npolice action. See ARMED CONFLICT. \npolice-assisted snicide. See suicide-by-cop under \nSUICIDE. \npolice blotter. See ARREST RECORD. \npolice chief. The head of a police department. \npolice court. See magistrate's court (1) under COURT. \npolice jury. Louisiana law. The governing body of a \nparish. [Cases: Counties ~38.J \npolice justice. See police magistrate under MAGIS\nTRATE. \npolice magistrate. See MAGISTRATE. \npolice officer. A peace officer responsible for preserv\ning public order, promoting public safety, and prevent\ning and detecting crime. Cf. PEACE OFFICER. [Cases: \nMunicipal Corporations C::> 179.] \npolice power. (1821) 1. The inherent and plenary power \nof a sovereign to make all laws necessary and proper \nto preserve the public security, order, health, morality, \nand justice. -It is a fundamental power essential to \ngovernment, and it cannot be surrendered by the leg\nislature or irrevocably transferred away from govern\nment. [Cases: States C::;'21(2).] \n\"[lIt is possible to evolve at least two main attributes or \ncharacteristics which differentiate the police power: it aims \ndirectly to secure and promote the public welfare, and it \ndoes so by restraint or compulsion.\" Ernst Freund, The \nPolice Power  3, at 3 (1904). \n2. A state's Tenth Amendment right, subject to due\nprocess and other limitations, to establish and enforce \nlaws protecting the public's health, safety, and general \nwelfare, or to delegate this right to local governments. \n[Cases: States ~18.13.] 3. Loosely, the power of the \ngovernment to intervene in the use ofprivately owned \nproperty, as by subjecting it to eminent domain. See \nEMINENT DOMAIN. [Cases: Eminent Domain ~1-5.] \npolice science. See CRIMINAL JUSTICE (2). \npolice state. See STATE. \npolicy. (14c) 1. The general principles by which a govern\nment is guided in its management ofpublic affairs. See \nPUBLIC POLICY. 2, A document containing a contract of \ninsurance; INSURANCE POLICY. [Cases: Insurance \n1712,1713.]3. A type oflottery in which bettors select \nnumbers to bet on and place the bet with a \"policy \nwriter. [Cases: Lotteries C:)3, 20.] \npolicy court. See COURT. \npolicyholder. One who owns an insurance policy, regard\nless ofwhether that person is the insured party. -Also \ntermed policyowner. [Cases: Insurance ~1717.] policy limits. See LIABILITY LIMIT. \npolicy loan. See LOAN. \npolicy ofinsurance. See INSURANCE POLICY. \npolicy of the law. See PUBLIC POLICY (1). \npolicyowner. See POLICYHOLDER. \npolicy proof of interest. Insurance. Evidence -shown \nby possession of a policy -that a person making a \nclaim has an insurable interest in the loss. -Abbr. PPI. \n[Cases: Insurance ~1779-1795.1 \npolicy reserve. See RESERVE. \npolicy stacking, See STACKING. \npolicy value. Insurance.lhe amount ofcash available to \na policyholder on the surrender or cancellation of the \ninsurance policy. [Cases: Insurance ~2037.] \npolicy year. Insurance. The year beginning on the date \nthat a policy becomes effective. Cf. ANNIVERSARY \nDATE. \npolitical, adj. Pertaining to politics; ofor relating to the \nconduct of government. \npolitical-action committee. (1839) An organization \nformed by a special-interest group to raise and contrib\nute money to the campaigns of political candidates who \nthe group believes will promote its interests. -Abbr. \nPAC. [Cases: Elections~317.l.J \npolitical assessment. See ASSESSMENT. \npolitical asylum. See ASYLUM (2). \npolitical corporation. See public corporation (2) under \nCORPORATION. \npolitical correctness, n. (1979) 1. The inclination to \navoid language and practices that might offend anyone's \npolitical sensibilities, esp. in racial or sexual matters. 2. \nAn instance in which a person conforms to this inclina\ntion. -Abbr. P.e. politically correct, adj. \npolitical corruption. See official misconduct under MIS\nCONDUCT. \npolitical crime. See POLITICAL OFFENSE. \npolitical economy. See ECONOMY. \npolitical gerrymandering. See GERRYMANDERING (1). \npolitical law. See POLITICAL SCIENCE. \npolitical liberty. 1. See LIBERTY. 2. See political right \nunder RIGHT. \nPolitical-Military Affairs Bureau. See BUREAU OF \nPOLITICAL-MILITARY AFFAIRS. \npolitical offense. (I8c) A crime directed against the \nsecurity or government of a nation, such as treason, \nsedition, or espionage. -Under principles of interna\ntionallaw, the perpetrator ofa political offense cannot \nbe extradited. Also termed political crime. [Cases: \nExtradition and Detainers ~5.] \npolitical party. An organization of voters formed to \ninfluence the government's conduct and policies by \nnominating and electing candidates to public office. \nThe United States has traditionally maintained a two\n\n1277 polygamy \nparty system, which today comprises the Democratic \nand Republican parties. -Often shortened to party. \npolitical patronage. See PATRONAGE (3). \npolitical power. The power vested in a person or body of \npersons exercising any function ofthe state; the capacity \nto influence the activities of the body politic. -Also \ntermed civil power. \nsovereign political power. Power that is absolute and \nuncontrolled within its own sphere. Within its \ndesignated limits, its exercise and effective opera\ntion do not depend on, and are not subject to, the \npower of any other person and cannot be prevented \nor annulled by any other power recognized within \nthe constitutional system. -Often shortened to sov\nereign power. -Also termed supreme power. [Cases: \nStates (;::;:, 1.] \nsubordinate political power. Power that, within its \nown sphere ofoperation, is subject in some degree to \nexternal control because there exists some superior \nconstitutional power that can prevent, restrict, direct, \nor annul its operation. -Often shortened to subor\ndinate power. \npolitical question. (1808) A question that a court will \nnot consider because it involves the exercise of discre\ntionary power by the executive or legislative branch of \ngovernment. -Also termed nonjusticiable question. cr JUDICIAL QUESTION. [Cases: Constitutional Law \n(;::;:'2580-2593.] \npolitical-question doctrine. The judicial principle that \na court should refuse to decide an issue involving the \nexercise ofdiscretionary power by the executive or leg\nislative branch ofgovernment. [Cases: Constitutional \nLaw C=2580-2593.J \npolitical right. See RIGHT. \npolitical science. (I7c) The branch oflearning concerned \nwith the study ofthe principles and conduct ofgovern\nment. -Also termed political law. \npolitical society. See STATE (1). \npolitical subdivision. (1827) A division of a state that \nexists primarily to discharge some function of local \ngovernment. [Cases: Municipal Corporations (;::;:,54.] \npolitical trial. See TRIAL. \npolitical-vote privilege. See PRIVILEGE (3). \npolitics. 1. The science of the organization and admin\nistration of the state. 2. The activity or profeSSion of \nengaging in political affairs"}
{"text": ". The science of the organization and admin\nistration of the state. 2. The activity or profeSSion of \nengaging in political affairs. \npolity (pol-d-tee). (16c) 1. The total governmental organi\nzation as based on its goals and policies. 2. A politically \norganized body or community. \npolity approach. (1975) A method of resolving church\nproperty disputes by which a court examines the struc\nture of the church to determine whether the church \nis independent or hierarchical, and then resolves the \ndispute in accordance with the decision of the proper \nchurch-governing body. [Cases: ReligiOUS Societies (;::;:, \n11,14.] poll, n. (I8c) 1. A sampling ofopinions on a given topic, \nconducted randomly or obtained from a specified \ngroup. 2. lhe act or process ofvoting at an election. \n3. The result of the counting ofvotes. 4. (usu. pl.) The \nplace where votes are cast. \npoll, vb. (l7c) 1. To ask how each member of (a group) \nindiVidually voted <after the verdict was read, the judge \npolled the jury>. [Cases: Criminal Law (;::;:,874; Federal \nCivil Procedure (;::;:,2191; Trial (;::;:,325.] 2. To question \n(people) so as to elicit votes, opinions, or preferences \n<the committee polled 500 citizens about their views>. \n3. To receive (a given number ofvotes) in an election \n<the third-party candidate polled only 250 votes in the \ncounty>. \npollicitation. Contracts. (I5c) The offer of a promise. \n\"By a promise. we mean an accepted offer as opposed to an \noffer of a promise. or, as Austin called it, a pollicitation.\" \nWilliam R. Anson, Principles ofthe Law ofContract6 (Arthur \nl. Corbin ed., 3d Am. ed. 1919). \npoll tax. See TAX. \npollute, vb. To corrupt or defile; esp., to contaminate \nthe soil, air, or water with noxious substances. [Cases: \nEnvironmental Law (;::;:, 161-389.] pollution, n. \npolluter, n. \npollution exclusion. See EXCLUSION (3). \npo. 10. suo. abbr. PONIT LOCO SUO. \npolyandry (pol-ee-an-dree). (17c) The condition or \npractice of having more than one husband at the same \ntime. Cf. POLYGYNY. [Cases: Bigamy(;=::> 1.] \npolyarchy (pol-ee-ahr-kee). Government by many \npersons. -Also termed polygarchy (pol-a-gahr-kee). \nCf. MONARCHY. -polyarchal, adj. \npolygamist (pa-lig-d-mdst). 1. A person who has several \nspouses Simultaneously. 2. An advocate of polygamy. \npolygamy (pa-lig-a-mee), n. (16c) 1. The state or practice \nof haVing more than one spouse simultaneously. \nAlso termed simultaneous polygamy; plural marriage. \n[Cases: Bigamy 1; Marriage (;::;:, ILl 2. Hist. The \nfact or practice ofhaving more than one spouse during \none's lifetime, though never simultaneously . Until \nthe third century, polygamy included remarriage after \na spouse's death because a valid marriage bond was \nconsidered indissoluble. -Also termed successive \npolygamy; serial polygamy; sequential marriage. Cf. \nBIGAMY; MONOGAMY. -polygamous, adj. -polyga\nmist, n. \n\"Polygamy (many marriages) is employed at times as a \nsynonym of bigamy and at other times to indicate the \nsimultaneous marriage of two or more spouses.\" Rollin \nM. Perkins & Ronald N. Boyce, Criminal Law 458 (3d ed. \n1982). \n\"[Tjhis one-marriage-at-a-time rule behind which the legal \nsystems of the West have seemingly thrown so much weight \nis not what a sociologist would call a general prohibition \nof polygamy. Polygamy can be simultaneous Of more than \none spouse is simultaneously present} or successive (if \nspouses are married one after the other). Only simultane \nous polygamy is prohibited by the laws with which we are \nhere concerned. These statutes reserve the use of the word \npolygamy for that kind which is not very common among \n\n1278 polygarchy \nus. They do not affect the serial form. which is so very \npopular in the United States and Western Europe that ... \nthe law is fast changing to adapt to it.\" Mary Ann Glendon, \nThe Transformation ofFamily Law 52 (1989). \npolygarchy. See POLYARCHY. \npolygraph, n. (1923) A device used to evaluate truth\nfulness by measuring and recording involuntary \nphysiological changes in the human body during \ninterrogation . Polygraph results are inadmissible \nas evidence in most states but are commonly used by \nthe police as an investigative too!. -Also termed lie \ndetector.lCases: Criminal LawG=\">388.5; Evidence G=\"> \n150.] -polygraphic, adj. -polygraphy, n. \npolygyny (pd-lij-d-nee). (I8c) The condition or practice \nof having more than one wife at the same time. Cf. \nPOLYANDRY. \npondere, numero, et mensura (pon-ddr-ee, n[yJ \noo-mdr-oh, et men-s[yJnur-d). [Latin] Hist. By weight, \nnumber, and measure . The phrase appeared in refer\nence to methods for determining fungibles. \n4Pondere. numero, et men sura .. . These are the tests \nproposed by our law, by which to ascertain whether a \ncertain subject falls within that class of subjects known \nas fungibles, which class includes all those things which \nperish in the using, and which can be estimated gener \nally by weight, number and measure; such, for example, \nare corn, wine, money, &c.\" John Trayner, Trayner's Latin \nMaxims 462 (4th ed. 1894). \npone (poh-nee). [Latin \"put\"j Hist. An original writ used \nto remove an action from an inferior court (such as a \nmanorial court or county court) to a superior court. \n lhe writ was so called from the initial words ofits \nmandate, which required the recipient to \"put\" the \nmatter before the court issuing the writ. \nponendis in assisis (pd-nen-dis in a-sl-zis). [Latin \"to be \nplaced in assizes\"] Hist. A writ directing the sheriff to \nempanel a jury for an assize or real action. \nponendo sigillum ad exceptionem. See DE PONENDO \nSIGILLUM AD EXCEPTIONEM. \nponendum in ballium (pd-nen-d\"m in bal-ee-\"m). [Latin \n\"to be placed in bail\"] Hist. A writ commanding that a \nprisoner be bailed in a bailable matter. \npone per vadium (poh-nee par vay-dee-\"m). [Latin] Hist. \nA writ commanding the sheriff to summon a defendant \nwho has failed to appear in response to an initial writ by \nattaching some ofthe defendant's property and requir\ning the defendant to find sureties . It was so called \nfrom the words of the writ, pone per vadium et salvos \nplegios (\"put by gage and safe pledges\"). \nponit loco suo (poh-nit loh-ko s[y]oo-oh). [LatinJ Puts in \nhis place . This phrase was formerly used in a power \nof attorney. Abbr. po. 10. suo. \nponit se super patriam (poh-nit see s[yjoo-pdr pay\ntree-am or pa-tree-\"m). [Latin \"he puts himself upon \nthe country\"] Hist. A defendant's plea of not guilty in \na criminal action. -Abbr. po. se. See GOING TO THE \nCOUNTRY; PATRIA (3). \npontifex (pon-ti-feks), n. Roman law. A member of the \ncollege ofpontiffs, one ofseveral groups of priests, who had control ofreligion in Rome. Also termed pontiff. \nPI. pontifices (pon-tif-i-seez). \npontiff. 1. Roman law, A member of the council of priests \nin ancient Rome. -Also termed pontifex. \n\"The specialists who interpreted the Twelve Tables and \nthe unwritten part of the law were called pontiffs. At first \nthey dealt with both sacred law (how to appease the gods) \nand secular law (how to secure peace among men). Some \nof them later confined themselves to secular law. As an \nexample of how they interpreted the law, the Twelve Tables \nsaid that if a father sells his son three times (into bondage, \nto payoff debts) the son is to be free from his father's \npower. The Twelve Tables said nothing about a daughter. \nThe pontiffs held that if a father sold his daughter once, \nshe was free.\" Tony Honore, About Law 13 (1995). \n2. The leader of the Catholic Church; the Pope. See \nPONTIFEX. \npony homestead. See constitutional homestead under \nHOMESTEAD. \nPonzi scheme (pon-zee). (1920) A fraudulent investment \nscheme in which money contributed by later investors \ngenerates artificially high dividends or returns for the \noriginal investors, whose example attracts even larger \ninvestments . Money from the new investors is used \ndirectly to repay or pay interest to earlier investors, usu, \nwithout any operation or revenue-producing activity \nother than the continual raising of new funds. This \nscheme takes its name from Charles Ponzi, who in the \nlate 19208 was convicted for fraudulent schemes he \nconducted in Boston. See GIFTING CLUB. Cf. PYRAMID \nSCHEME. [Cases: Antitrust and Trade Regulation \n231.] \npool, n. (1868) 1. An association ofindividuals or entities \nwho share resources and funds to promote their joint \nundertaking; esp., an association ofpersons engaged in \nbuying or selling commodities . Ifsuch an association \nis formed to eliminate competition throughout a single \nindustry, it is a restraint of trade that violates federal \nantitrust laws. [Cases: Antitrust and Trade Regulation \n2. A gambling scheme in which numerous \npersons contribute stakes for betting on a particular \nevent (such as a sporting event). [Cases: Gaming \n5,73.] \npool clerk. See CLERK (5), \npooled-income fund. A trust created and maintained by \na public charity rather than a private person, whereby \n(1) the donor creates an irrevocable, vested remainder \nin the charitable organization that maintains the trust, \n(2) the property transferred by each donor is com\nmingled with property transferred by other donors, \n(3) the fund cannot invest in tax-exempt securities, (4) \nno donor or income beneficiary can be a trustee, (5) \nthe donor retains (either personally or for one or more \nnamed income beneficiaries) a life income interest, and \n(6) each income beneficiary is entitled to and receives \na proportional share of the annual income based on \nthe rate of return earned by the fund. IRC (26 USCA) \n 642(c)(5). Charities (>::c6; Trusts (~280.1 \npooled trust. See TRUST, \n\n1279 \npooling, n. Oil & gas. Ihe bringing together of small \ntracts ofland or fractional mineral interests over a pro\nducing reservoir for the purpose of drilling an oil or gas \nwell.  Pooling is usu. associated with collecting a large \nenough tract to meet well-spacing regulations. -Also \ntermed communitization. Cf. UNITIZATION. [Cases; \nMines and Minerals (>79.1(5), 92.78.] \ncompulsory pooling. Pooling done by order of a regula\ntory agency. Also termed forced pooling. \nforced pooling. See compulsory pooling. \nvoluntary pooling. Pooling arranged by agreement of \nthe owners of mineral interests. \npooling agreement. A contractual arrangement by \nwhich corporate shareholders agree that their shares \nwill be voted as a unit. Also termed voting agree\nment; shareholder voting agreement; shareholder-con\ntrol agreement. [Cases: Corporations (;:::::' 198.1 (1).] \npooling clause. Oil & gas. A provision found in most oil\nand-gas leases granting the lessee the right to combine \npart or all of the leased acreage with other proper\nties for development or operation. (Cases: Mines and \nMinerals (;:::::'78.1(7).] \npooling of interests. A method of accounting used in \nmergers, whereby the acquired company's assets are \nrecorded on the acquiring company's books at their \ncost when originally acquired . No goodwill account \nis created under the pooling method. \nPoor Law. Hist. The British law that provided relief to \npaupers, originally on the parish level and supported \nby property taxes . lhe Poor Law was supplanted in \n1948 by the National Assistance Act. \npoor man's court. See RUSTICUM FORUM. \npoor relief. See WELFARE (2). \npop, n. Telecommunications. A calculation of the poten\ntial customer base for a mobile-phone-service provider, \ncalculated by the number of people living in the area \nmultiplied by the company's percentage ownership of \nthe area's cellular service. \nPoppean law. See LEX PAPIA POPPEA. \npopular action. See QUI TAM ACTION. \npopular election. See ELECTION (3). \npopularis (pop-y<1-lair-is), adj. [Latin] Roman law. (Of \nan action) available to any male member of the public. \nSee actio popularis under ACTIO. \npopular justice. See JUSTICE (1). \npopular sovereignty. See SOVEREIGNTY (1). \npopular use. See USE (1). \npopulus (pop-y<1-I<1s), n. & adj. [Latin1 Roman law. The \npeople; the whole body of Roman citizens, patricians, \nand plebeians. \nporcupine provision. A clause in a corporation's charter \nor bylaws deSigned to prevent a takeover without the \nconsent of the board of directors. Cf. SH"}
{"text": "charter \nor bylaws deSigned to prevent a takeover without the \nconsent of the board of directors. Cf. SHARK REPEL\nLENT; POISON PILL port authority \npork-barrellegislation. See LEGISLATION. \npornography, n. (1842) Material (such as writings, \nphotographs, or movies) depicting sexual activity or \nerotic behavior in a way that is designed to arouse \nsexual excitement.  Pornography is protected speech \nunder the First Amendment unless it is determined to \nbe legally obscene. See OBSCENITY. [Cases: Obscenity \n05.] -pornographic, adj. \nchild pornography. (1967) Material depicting a person \nunder the age of18 engaged in sexual activity . Child \npornography is not protected by the First Amend\nment -even if it falls short of the legal standard for \nobscenity -and those directly involved in its distri\nbution can be criminally punished. [Cases: Obscen\nity C=-:'5.] \nvirtual child pornography. Material that includes a \ncomputer-generated image that appears to be a minor \nengaged in sexual activity but that in reality does not \ninvolve a person under the age of 18. [Cases: Obscen\nity(;:::::'5.] \nport. 1. A harbor where ships load and unload cargo. \n[Cases: Navigable Waters C=-:\"14.j 2. Any place where \npersons and cargo are allowed to enter a country and \nwhere customs officials are stationed. -Also termed \n(in sense 2) port ofentry. \nforeign port. 1. One exclusively within the jurisdic\ntion ofanother country or state. 2. A port other than \na home port. \nfree port. A port located outside a country's customs \nfrontier, so that goods may be delivered usu. free of \nimport duties or taxes, without being subjected to \ncustoms-control procedures; FREE-TRADE ZONE. \nhomeport. The port that is either where a vessel is reg\nistered or where its owner resides. \nport of call. A port at which a ship stops during a \nvoyage. \nport ofdelivery. The port that is the terminus of any \nparticular voyage and where the ship unloads its \ncargo. \nport ofdeparture. The port from which a vessel departs \non the start ofa voyage. \nport ofdestination. The port at which a voyage is to \nend. This term generally includes any stopping \nplaces at which the ship receives or unloads cargo. \nport ofdischarge. The place where a substantial part of \nthe cargo is discharged. \nportable business. (1983) A portfolio oflegal business \nthat an attorney can take from one firm or geographic \nlocation to another, with little loss in client relation\nships. Also termed portable practice. \nport authority. (1870) A state or federal agency that \nregulates traffic through a port or that establishes and \nmaintains airports, bridges, tollways, and public trans\nportation. [Cases: Navigable Waters C=>14(2); Shipping \n(;:::::'15.] \n\nportfolio 1280 \nportfolio. (1848) 1. The various securities or other \ninvestments held by an investor at any given time . \nAn investor will often hold several different types of \ninvestments in a portfolio for the purpose of diversi\nfying risk. \nmarket portfolio. A value-weighted portfolio of every \nasset in a particular market. \n2. The role within the government of a high official \n<minister without portfolio>. \nportfolio income. See INCOME. \nportfolio-pumping. Securities. The practice of pur\nchasing additional shares of a stock near the end of a \nfiscal period in an attempt to improve an investment \nfund's apparent performance. Also termed window \ndressing. \nportio legitima (por-shee-oh la-jit-i-ma). [Latin \"lawful \nportion\"] Roman & civil law. The portion of an estate \nrequired by law to be left to close relatives; specif., the \nportion of an inheritance that a given heir is entitled \nto, and of which the heir cannot be deprived by the \ntestator without special cause. Cf. LEGITlME. PI. por\ntiones legitimae. \nportion. A share or allotted part (as ofan estate). \nportioner (por-sha-nar), n. I. Scots law. One who owns \na portion of a decedent's estate. \nheir portioner. 1. One oftwo or more female heirs who, \nin the absence ofmale heirs, inherit equal shares of an \nestate. 2. One of two or more usu. female heirs in the \nsame degree who take equal shares per capita. \n2. The proprietor ofa small fee. 3. His!. A minister who \nserves a benefice with others . The person was called a \nportioner because he had only a portion of the tithes or \nallowance that a vicar commonly has out of a rectory \nor impropriation. \nportionibus haereditariis (por-shee-oh-na-bas ha-red-i\ntair-ee-is). [Law Latin] Hist. In hereditary portions. \nport ofcall. See PORT. \nport ofdelivery. See PORT. \nport ofdeparture. See PORT. \nport ofdestination. See PORT. \nport ofdischarge. See PORT. \nport of entry. See PORT (2). \nportorium (por-tohr-ee-am). [Law Latin] Hist. 1. A tax \nor toll levied at a port or at the gates of a city. 2. A toll \nfor passing over a bridge. \nport-risk insurance. See INSURANCE. \nportsale. Hist. A pUblic sale of goods to the highest \nbidder; an auction. \nport-state control. Maritime law. The exercise of author\nity under international conventions for a state to stop, \nboard, inspect, and when necessary detain vessels \nsailing under foreign flags while they are navigating \nin the port state's territorial waters or are in one of \nits ports . The purpose is to ensure the safety of the vessels as well as to enforce environmental regulations. \nCf. COASTAL-STATE CONTROL; FLAG-STATE CONTROL. \nport toll. A duty paid for bringing goods into a port. \nportwarden. An official responsible for the administra\ntion of a port. \npo. se. abbr. PONIT SE SUPER PATRIAM. \nposit, vb. 1. To presume true or to offer as true. 2. To \npresent as an explanation. \nposition. The extent of a person's investment in a par\nticular security or market. \npositional-risk doctrine. The principle by which the \nworkers'-compensation requirement that the injury \narise out of employment is satisfied if the injured \nworker's employment required the worker to be at \nthe place where the injury occurred at the time it \noccurred. Also termed positional risk analysis; posi\ntional risk tcst. [Cases: Workers' Compensation (::::: \n607.] \nposition of the United States. (1981) The legal position \nof the federal government in a lawsuit, esp. in a case \ninvolving the Equal Access to Justice Act.  Under the \nEAJA, the reasonableness of the position in light of \nprecedent determines whether the government will be \nliable for the opposing party's attorney's fees. [Cases: \nUnited States Cr'-::> 147(10).] \npositive act. 1. OVERT ACT. 2. ACT (2). \npositive condition. See CONDITION (2). \npositive covenant. See COVENANT (1). \npositive duty. See DUTY (1). \npositive easement. See affirmative easement under \nEASEMENT. \npositive evidence. See direct evidence (1) under \nEVIDENCE. \npositive externality. See EXTERNALITY. \npositive fraud. See actual fraud under FRAUD. \npositive justice. See JUSTICE (1). \npositive law. (14c) A system of law promulgated and \nimplemented within a particular political community \nby political superiors, as distinct from moral law or \nlaw existing in an ideal community or in some non\npolitical community . Positive law typically consists \nof enacted law -the codes, statutes, and regulations \nthat are applied and enforced in the courts. The term \nderives from the medieval use ofpositum (Latin \"estab\nlished \"), so that the phrase positive law literally means \nlaw established by human authority. -Also termed jus \npositivum; made law. Cf. NATURAL LAW. \n\"A judge is tethered to the positive law but should not be \nshackled to it.\" Patrick Devlin, The Enforcement of Morals \n94 (1968). \npositive misprision. See MISPRISION. \npositive notice. See direct notice under NOTICE. \npositive prescription. See PRESCRIPTION (5). \npositive proof. See PROOF. \n\n1281 possession \npositive reprisal. See REPRISAL. \npositive right. See RIGHT. \npositive servitude. See SERVITUDE (2). \npositive testimony. See affirmative testimony under TES\nTIMONY. \npositive wrong. See WRONG. \npositivi juris (pOZ-~-tI-vI joor-is). [Law Latin] Ofpositive \nlaw. See POSITIVE LAW. \npositivism. (1846) The doctrine that all true knowl\nedge is derived from observable phenomena, rather \nthan speculation or reasoning. See LEGAL POSITIVISM; \nLOGICAL POSITIVISM; positivist jurisprudence under \nJURISPRUDENCE. \npositivistic, adj. Of or relating to legal positivism. See \nLEGAL POSITIVISM. \npositivistic jurisprudence. See positivist jurisprudence \nunder JURISPRUDENCE. \npositivist jurisprudence. See JURISPRUDENCE. \nposse (pos-ee). [Latin] (16c) 1. A possibility. See IN POSSE. \nCf. IN ESSE. 2. Power; ability. 3. POSSE COMITATUS. \nposse comitatus (pos-ee kom-<l-tay-t<ls), n. [Latin \"power \nofthe county\"] (16c) A group ofcitizens who are called \ntogether to help the sheriff keep the peace or conduct \nrescue operations. -Often shortened to posse. [Cases: \nArmed Services Sheriffs and Constables C::J \n27.) \nPosse Comitatus Act. A federal law that, with a few \nexceptions, prohibits the Army or Air Force from \ndirectly participating in civilian law-enforcement oper\nations, as by making arrests, conducting searches, or \nseizing evidence . The Act was originally enacted in \n1878. It does not usu. apply to members of the Navy, \nthe National Guard, or the Coast Guard. 18 USCA \n 1385. Abbr. PCA. [Cases: Armed Services \n3(2).] \npossess, vb. (14c) To have in one's actual control; to have \npossession of. \npossessio (p<l-zes[h]-ee-oh), n. [Latin] The de facto \ncontrol ofa thing that the holder intends to control. \npedis possessio (pee-dis or ped-is p<l-zes[h]-ee-oh). \n[Latin] A foothold; an actual possession of real \nproperty, implying either actual occupancy or enclo\nsure or use. See PEDIS POSSESSIO DOCTRINE. Also \ntermed substantial possession; possessio pedis. \npossessio bona fide (p<l-zes[h]-ee-oh boh-n~ fI-dee). \n[Latin] Possession in good faith. Cf. possessio mala \nfide. \npossessio bonorum (p~-zes[h]-ee-oh b~-nor-<lm). \n[Latin] Roman law. Possession ofgoods. \npossessio civilis (p~-zes[hJ-ee-oh s<l-vI-lis). [Latin] \nRoman law. Legal possession; that is, possession \naccompanied by an intent to hold it as one's own. \nAlso termed possession in law. See possessory inter\ndict under INTERDICT (1); USUCAPIO; possession in law \nunder POSSESSION. Cf. possessio naturalis. possessio corporis. See corporeal possession under pos\nSESSION. \npossessio fietitia. See constructive possession under \nPOSSESSION. \npossessio fratris (p<l-zes[hJ-ee-oh fray-tris or fra-tris). \n[Latin] Hist. 'Ihe possession or seisin ofa brother; that \nis, a possession of an estate by a brother that would \nentitle his full sister to succeed him as heir, to the \nexclusion ofa half-brother. \npossessio juris. See incorporeal possession under pos\nSESSION. \npossessio mala fide (p~-zes[h]-ee-oh mal-<l fI-dee). \n[Latin] Possession in bad faith, as by a thief. Cf. pos\nsessio bona fide. \npossessio naturalis (p~-zes[h]-ee-oh nach-<l-ray-Iis). \n[Latin \"natural possession\"] Roman law. lhe simple \nholding of a thing, often under a contract, with no \nintent ofkeeping it permanently . This type of pos\nsession exists when the possessor's holding of the \nobject is limited by a recognition ofanother person's \noutstanding right. The holder may be a usufructu\nary, a bailee, or a servant. -Also termed naturalis \npossessio; nuda detentio; detentio; possession in fact. \nSee natural possession under POSSESSION. Cf. posses\nsio civilis. \npossessio pedis. See pedis possessio. \npossession. (14c) 1. The fact of haVing or holding \nproperty in one's power; the exercise of dominion \nover property. [Cases: Property C;=, 10.] 2. The right \nunder which one may exercise control over something \nto the exclusion of all others; the continuing exercise of \na claim to the exclusive use ofa material object. 3. Civil \nlaw. The detention or use ofa physical thing with the \nintent to hold it as one's own. La. Civ. Code art. 3421(1). \n4. (usu. pl.) Something that a person owns or controls; \nPROPERTY (2). Cf. OWNERSHIP; TITLE (1). 5. A territorial \ndominion of a state or nation. \n\"[Als the name of Possession is ... one of the most impor\ntant in our books, so it is one of the most ambiguous. \n"}
{"text": "the name of Possession is ... one of the most impor\ntant in our books, so it is one of the most ambiguous. \nIts legal senses (for they are several) overlap the popular \nsense, and even the popular sense includes the assumption \nof matters of fact wh ich are not always easy to verify. In \ncommon speech a man is said to possess or to be in pos\nsession of anything of which he has the apparent control, \nor from the use of which he has the apparent power of \nexcluding others .... IAlny of the usual outward marks of \nownership may suffice, in the absence of manifest power in \nsome one else, to denote as having possession the person \nto whom they attach. Law takes this popular conception as \na provisional groundwork, and builds up on it the notion of \npossession in a technical sense, as a definite legal relation \nto something capable of having an owner, which relation is \ndistinct and separable both from real and from apparent \nownership, though often concurrent with one or both of \nthem.\" Frederick Pollock & Robert Samuel Wright, An Essay \non PosseSSion in the Common Law 1~2 (1888). \n\"In the whole range of legal theory there is no concep\ntion more difficult than that of possession. The Roman \nlawyers brought their usual acumen to the analysis of it, \nand since their day the problem has formed the subject of \na voluminous literature, while it still continues to tax the \ningenuity ofjurists. Nor is the question one of mere curios \nity or scientific interest, for its practical importance is not \n\n1282 possession \nless than its difficulty. The legal consequences which flow \nfrom the acquisition and loss of possession are many and \nserious, Possession, for example, is evidence of ownership; \nthe possessor of a thing is presumed to be the owner of \nit, and may put all other claimants to proof of their title.\" \nJohn Salmond, jurisprudence 285 (Glanville L Williams ed., \n10th ed. 1947). \nactual possession. (16c) Physical occupancy or control \nover property. Cf. constructive possession. [Cases: \nProperty (;:::> 1O.J \nadverse possession. See ADVERSE POSSESSION. \nbona fide possession. (1815) Possession of property by \na person who in good faith does not know that the \nproperty's ownership is disputed. [Cases: Vendor and \nPurchaser (;:::>220.) \ncivil possession. 1. Civil law. Possession existing by \nvirtue of a person's intent to own property even \nthough the person no longer occupies or has physical \ncontrol of it. 2. Louisiana law. The continuation of \npossession through the possessor's presumed intent \nto continue holding the thing as his or her own, after \nthe possessor' ceases to the thing corporeally. \nLa. Civ. Code arts. -Civil possession may \nbe evidenced by such things as paying taxes on the \nproperty or granting rights of interest in it. [Cases: \nProperty (;:::> 1O.J \nconstructive possession. (18c) 1. Control or dominion \nover a property without actual possession or custody \nof it. -Also termed effective possession. [Cases: \nProperty (;='10.] 2. Civil law. Possession by operation \noflaw of an entirety by virtue of corporeal possession \nofa part . When a possessor holds title to a property \nand physically possesses part of it, the law will deem \nthe possessor to hold constructive possession of the \nrest of the property described in the title. La. Civ. \nCode art. 3426. Also termed possessio fictitia; pos\nsession in law. Cf. actual possession. \ncorporeal possession. Possession ofa material object, \nsuch as a farm or a coin. Also termed natural pos\nsession; possessio corporis; (Ger.) Sachenbesitz. [Cases: \nProperty \ncriminal possession. (1811) The unlawful possession \nof certain prohibited articles, such as illegal drugs \nor drug paraphernalia, firearms, or stolen property. \n[Cases: Controlled Substances Receiving \nStolen Goods Weapons \nderivative possession. (1851) Lawful possession by one \n(such as a tenant) who does not hold title. \ndirect possession. See immediate possession. \ndouble possession. The doctrine that, in a bailment, \nboth the bailor and the bailee have possession of the \nitem that has been bailed . This doctrine does not \napply in most Anglo-American jurisdictions. \n\"It has been suggested that the essence of bailment is that \nthe bailee secures possession and therefore that the bailor \nloses possession. This elementary proposition is some' \ntimes obscured by the fact that some dicta treat the pos\nsession of the bailee as the possession of the bailor. The \ntheoretical justification for this is the doctrine of 'double \npossession' - a principal may have possession through the possession of an agent, This view is in accord with some \nforeign systems, but it does not suit the basic principles \nof English law which treats possession as exclusive,\" GW. \nPaton, Bailment in the Common Law 6 (1952). \neffective possession. See constructive possession. \nexclusive possession. (l8c) The exercise of exclusive \ndominion over property, including the use and benefit \nofthe property. \nhostile possession. (1812) Possession asserted against \nthe claims of all others, esp. the record owner. See \nADVERSE POSSESSION. [Cases: Adverse Possession C~ \n58-85.] \nimmediate possession. (I7c) Possession that is acquired \nor retained directly or personally. -Also termed \ndirect possession. \nimmemorial possession. Possession that began so long \nago that no one still living witnessed its beginning. \nincorporeal possession. (1964) Possession ofsomething \nother than a material object, such as an easement \nover a neighbor's land, or the access of light to the \nwindows of a house. Also termed possessio juris; \nquasi-possession. \n\"It is a question much debated whether incorporeal posses\nsion is in reality true possession at all. Some are of opinion \nthat all genuine possession is corporeal, and that the other \nis related to it by way of analogy merely, They maintain \nthat there is no single generic conception which includes \npossessio corporiS and possessio juris as its two specific \nforms. The Roman lawyers speak with hesitation and even \ninconsistency on the point. They sometimes include both \nforms under the title of posseSSiO, while at other times \nthey are careful to qualify incorporeal possession as quasi \npossessio -something which is not true possession, but is \nanalogous to it. The question is one of no little difficulty, \nbut the opinion here accepted is that the two forms do in \ntruth belong to a single genus. The true idea of possession \nis wider than that of corporeal possession, just as the true \nidea of ownership is wider than that of corporeal owner\nship.\" John Salmond, jurisprudence 288-89 (Glanville l. \nWilliams ed., 10th ed. 1947). \nindirect possession. See mediate possession. \ninsular possession. An island territory of the United \nStates, such as Guam. [Cases: Territories \njoint possession. Possession shared by two or more \npersons. \nmediate possession (mee-dee-it). Possession of a thing \nthrough someone else, such as an agent. _ In every \ninstance of mediate possession, there is a direct pos\nsessor (such as an agent) as well as a mediate possessor \n(the principal). -Also termed indirect possession. \n\"If I go myself to purchase a book, I acquire direct posses\nsion of it: but if I send my servant to buy it for me, I acquire \nmediate possession of it through him, until he has brought \nit to me, when my possession becomes immediate.\" John \nSalmond,jurisprudence 300 (Glanville L. Williams ed., 10th \ned.1947), \nnaked possession. (16c) The mere possession ofsome\nthing, esp. real estate, without any apparent right or \ncolorable title to it. [Cases: Estates in Property (;::::-1; \nProperty 10.] \n\n1283 \nnatural possession. Civil law. The exercise of physical \ndetention or control over a thing, as by occupying a \nbuilding or cultivating farmland . Natural posses\nsion may be had without title, and may give rise to \na claim of unlawful possession or a claim of owner\nship by acquisitive prescription. The term \"natural \npossession\" has been replaced by the term \"corporeal \npossession\" in the Louisiana Civil Code, by virtue \nofa 1982 revision. La. Civ. Code Ann. art. 3425. See \ncorporeal possession; PRESCRIPTION (2). Cf. possessio \nnaturalis under POSSESSIO. [Cases: Adverse Posses\nsion (;:.7> 14; Property (;::::> 1O.J \nnotorious possession. (l8c) Possession or control that is \nevident to others; possession of property that, because \nit is generally known by people in the area where the \nproperty is located, gives rise to a presumption that \nthe actual owner has notice of it. Notorious pos\nsession is one element ofadverse possession. -Also \ntermed open possession; open and notorious posses\nsion. See ADVERSE POSSESSION. [Cases: Adverse Pos\nsession ~-::::28-33.1 \nopen and notorious possession. See notorious posses\nsion. \nopen possession. See notorious possession. \npeaceable possession. (16c) Possession (as of real \nproperty) not disturbed by another's hostile or legal \nattempts to recover possession; esp., wrongful pos\nsession that the rightful possessor has appeared to \ntolerate. Cf. scrambling possession (1); ADVERSE pos\nSESSIOK. \npedal possession. (1839) Actual possession, as by living \non the land or by improving it. This term usu. \nappears in adverse-possession contexts. \npossession animo domini. Civil law. Possession with \nthe intent to own a thing, movable or immovable; \npossession as an owner. See La. Civ. Code art. 3427. \npossession by relation oflaw. A person's legally rec\nognized possession ofland despite the person's not \nhaving actual possession after being improperly or \nunlawfully dispossessed by another. \npossession in fact. (17c) Actual possession that may \nor may not be recognized by law . For example, an \nemployee's possession ofan employer's property is for \nsome purposes not legally considered possession, the \nterm detention or custody being used instead. Also \ntermed possessiO naturalis. \npossession in law. (16c) 1. Possession that is recognized \nby the law either because it is a specific type ofposses\nsion in fact or because the law for some special reason \nattributes the advantages and results ofpossession to \nsomeone who does not in fact possess. 2. See construc\ntive possession. -Also termed possessio civilis. \n\"There is no conception which will include all that amounts \nto possession in law, and will include nothing else, and \nit is impossible to frame any definition from which the \nconcrete law of possession can be logically deduced.\" John \nSalmond, jurisprudence 287 (Glanville L. Williams ed., 10th \ned.1947). possessory claim \npossession ofa right. (17c) The continuing exercise and \nenjoyment ofa right.  This type ofpossession is often \nunrelated to an ownership interest in property. For \nexample, a criminal defendant possesses the right to \ndemand a trial by jury. Also termed possessio juris; \n(Ger.) Rechtsbesitz. \nprecarious possession. Civil law. Detention ofproperty \nby someone other than the owner or possessor on \nbehalf of or with permission of the owner or pos\nsessor. A lessee has precarious possession of the \nleased property. \n\"[Article 3437 of the LouiSiana Civil Code defines precari\nous possession as) 'exercise of possession over a thing with \nthe permission of or on behalf of the owner or possessor.' \nThe definition indicates the difference between possession \nin the proper sense of the word and precarious posses\nsion, that is, detention. A possessor is one who possesses \nas owner, whereas a precarious possessor or detainer is \none who exercises factual authority over a thing with the \npermission of or on behalf of another person.\" A.N. Yian\nnopoulos, Civil Law Pl\"Operty  319, at 629 (4th ed. 2001). \nquasi-possession. See incorporeal possession. \nscrambling possession. (1823) 1. A wrongful posses\nsion that the rightful possessor has not appeared to \ntolerate. Cf. peaceable possession. 2. Possession that \nis uncertain because it is in dispute. With scram\nbling possession, the dispute is over who actually has \nposseSSion -not over whether a party's posseSSion \nis lawful. \nsubstantial possession. See pedis possessio under pos-\nSESSIO. \npossession unity. See unity ofposseSSion under UNITY. \npossessio pedis. See pedis possessio under POSSESSIO. \npossessor. (15c) One who has possession of real or \npersonal property; esp., a person who is in occupancy \nofland with the intent to control it or has been but no \nlonger is in that position, but no one else has gained \noccupancy or has a right to gain it. -possessorial \n(pos-<l-sor-ee-<ll), adj. \nlegal possessor. (17c) One with the legal right to possess \nproperty, such as a buyer under a conditional sales \ncontract, as contrasted with the legal owner who \nholds legal title. See legal owner under OWNER. \npossessor bonafide (boh-n<l fI-dee). A possessor who \nbelieves that no other person has a better right to the \npossession. \npossessor mala fide (mal-a fI-dee). A possessor who \nknows that someone else has a better right to the pos\nsession. \npossessorium (pos-<l-sor-ee-<lm). See possessory action \nunder ACTION (4 \npossessory (pa-zes-<l-ree), adj. Of, relating to, or having \npossession. \npossessory action. See ACTION (4). \npossessory claim. (1833) Title to public land held by a \nclaimant who has filed a declaratory statement but has \nnot paid for the land. [Cases: Public Lands (;::::>31.] \n\n1284 possessory conservator \npossessory conservator. See noncustodial parent under \nPARENT. \npossessory estate. See ESTATE (1). \npossessory garageman's lien. See LIEN. \npossessory interdict. See INTERDICT (1). \npossessory interest. (18c) 1. The present right to control \nproperty, including the right to exclude others, by a \nperson who is not necessarily the owner. ["}
{"text": "1. The present right to control \nproperty, including the right to exclude others, by a \nperson who is not necessarily the owner. [Cases: \nProperty 10.] 2. A present or future right to the \nexclusive use and possession ofproperty. \n''We shall use the term 'possessory interest' to include both \npresent and future interests, and to exclude such interests \nas easements and profits. The reader should note that \nthe Restatement of Property uses the term 'possessory' \nto refer only to interests that entitle the owner to present \npossession. See Restatement, Property  7, 9, 153 (1936).\" \nThomas F. Bergin & Paul G. Haskell, Preface to Estates in \nLand and Future Interests 19-20 n.1 (2d ed. 1984). \npossessory lien. See LIEN. \npossessory warrant. See WARRANT (1). \npossibilitas (pos-;}-bil-;}-tas). [Latin] Possibility; a pos\nsibility. \npossibility. (14c) 1. An event that mayor may not happen. \n2. A contingent interest in real or personal property. \nbare possibility. See naked possibility. \nnaked possibility. (18c) A mere chance or expectation \nthat a person will acquire future property . A con\nveyance of a naked possibility is usu. void for lack of \nsubject matter, as in a deed conveying all rights to a \nfuture estate not yet in existence. -Also termed bare \npossibility; naked expectancy. [Cases: Assignments \nC='8.] \npossibility coupled with an interest. (18c) An expec\ntation recognized in law as an estate or interest, as \noccurs in an executory devise or in a shifting or \nspringing use . This type of possibility may be sold \nor aSSigned. See shifting use, springing use under USE. \n[Cases: Assignments C=Y 9.] \npossibility on a possibility. See remote possibility. \nremote possibility. (l7c) A limitation dependent on two \nor more facts or events that are contingent and uncer\ntain; a double possibility. -Also termed possibility \non a possibility. \npossibility ofreverter. (18c) A reversionary interest that \nis subject to a condition precedent; speci., a future \ninterest retained by a grantor after conveying a fee \nsimple determinable, so that the grantee's estate ter\nminates automatically and reverts to the grantor ifthe \nterminating event ever occurs . In this type ofinterest, \nthe grantor transfers an estate whose maximum poten\ntial duration equals that of the grantor's own estate \nand attaches a special limitation that operates in the \ngrantor's favor. -Often shortened to reverter. See fee \nsimple determinable under FEE SIMPLE. Cf. REMAINDER \n(1); REVERSION. \n\"Most treatisewriters define the possibility of reverter as \nthe interest a transferor keeps when he transfers a fee \nsimple determinable or a fee simple conditional. See, e.9., 1 American Law of Property  4.12; Simes & Smith  281. \nAlthough this definition is all fight as far as it goes, it fails \nto provide for interests less than the fee simple that are \ngranted on special limitation.... Although we call the \npossibility of reverter an 'estate,' the courts of an earlier \nera would probably have called it a 'possibility of becoming \nan estate.''' Thomas F. Bergin & Paul G. Haskell, Preface to \nEstates in Land and Future Interests 58 n.5 (2d ed. 1984). \npossibility on a possibility. See remote possibility under \nPOSSIBILITY. \npossidere (pos-;}-dee-ree). [Latin fr. potis \"having power\" \n+ sedere \"to sit\"] Hist. To possess (a thing), esp. as a \nperson with an interest protected by law (e.g., an owner \nor mortgagee) rather than a mere custodian. \n\"A distinction was made in the civil law, and adopted by \nBracton, between possidere, (to possess,) and esse in pos\nsess/one, (to be in possession.) .... Thus, a guardian, \nholding in demesne though not in fee, was said to be /n \npossession, though he did not possess. The same language \nwas applied to a bailiff, ... a domestic, ... a fermor or \nlessee, ... and a tenant at will from day to day, and from \nyear to year.\" 2 Alexander M. Burrill, A Law Dictionary and \nGlossary 314 (2d ed. 1867). \nPOSSLQ (pahs-dl-kyoo). abbr. A person ofopposite sex \nsharing living quarters . Although this term (which \nis used by the Census Bureau) is intended to include \nonly a person's roommate ofthe opposite sex to whom \nthe person is not married, the phrase literally includes \nthose who are married. This overbreadth has occasion\nally been criticized. See cUPos. \n\"In the 1980 census, the United States Census Bureau \nrecognizing a societal change with numerous persons \nliving together without being 'officially' married -counted \nnot only persons who were 'Single' and 'Married,' but also \n'Persons of the Opposite Sex Sharing Living Quarters.' The \nacronym is PDSSLQ--- and, of course, is pronounced possle \nkew. It has been suggested that, although the sou ree was \nstunningly unlikely, it was the Very Word that society has \nbeen looking for to describe these relationships: POSSLQ. \nPrecise, bUSinesslike, nonjudgmental. And, in its own way, \nsort of poetic. too ....\" Fischer v. Dallas Federal Savings \nand Loan Ass'n, 106 F.R.D. 465 (N.D. Tex, 1985). \npost. [Latin] (14c) After. Cf. ANTE. \npost, vb. (17c) 1. To publicize or announce by affixing a \nnotice in a public place <foreclosure notice was posted \nat the county courthouse>. 2. To transfer (accounting \nentries) from an original record to a ledger <post debits \nand credits>. 3. To place in the mail <post a letter>. \n[Cases: Postal Service 19.]4. To make a payment \nor deposit; to put up <post bail>. \npostal currency. See CURRENCY. \nPostal Rate Commission. An independent federal \nagency that recommends changes in postage rates, \nfees, and mail classifications to the governors of the \nUnited States Postal Service . It was created by the \nPostal Reorganization Act. 39 USCA  3601-04. \nAbbr. PRe. [Cases: Postal Service \npost-answer default judgment. See DEFAULT \nJUDGMENT. \npost audit. See AUDIT. \npost bail, vb. See GIVE BAIL. \n\n1285 \npost causam cognitam (pohst kaw-z;}m kog-ni-t;}m). \n[Latin] Hist. After investigation. Cf. CAUSA COGNITA. \npost contractum debitum (pohst bn-trak-t;}m deb-i\nt;}m). [Latin] Hist. After debt has been contracted. \npostconviction-relief proceeding. (1964) A state or \nfederal procedure for a prisoner to request a court \nto vacate or correct a conviction or sentence. Also \ntermedpostconviction-remedy proceeding; peR action; \npostconviction proceeding. [Cases: Criminal Law (;:= \n1400-1669.] \npostdate, vb. (17c) To put a date on (an instrument, \nsuch as a check) that is later than the actual date. Cf. \nANTEDATE; BACKDATE. [Cases: Bills and Notes (;:=)8.] \npostdated check. See CHECK. \npost diem (pohst dI-;}m). [Latin] After the day . A plea \nof payment post diem is made after the day when the \nmoney becomes due. \npost disseisina. See DE POST DISSEISINA. \npostea (poh-stee-;}), n. [Latin \"afterwards] Hist. A \nformal statement, endorsed on the trial record, giving \nan accou nt ofthe proceedings at trial; a record ofwhat \noccurred at nisi prius after the issue had been joined. \n\"With the verdict of the jury [in the 15th-18th centuries] ... \nthe proceedings at nisi prius closed, and the case was sent \nback to the court at Westminster from which it issued for \njudgment, after a statement of the holding of the trial and \nof the verdict had been added to the record. This state \nment, from the fact that it began with the Latin word \n'postea,' or 'afterwards,' was known as the 'postea' and \nwas in fact drafted by the party in whose favour the verdict \nhad gone, whence the phrase 'postea to the plaintiff' or \n'the defendant,' which is found in the old reports.\" Geoffrey \nRadcliffe & Geoffrey Cross, The English Legal System 185 \n(G.J. Hand & D.1-Bentley eds., 6th ed. 1977). \nposted water. See WATER. \nposteriores (pah-steer-ee-or-eez), n. pl. [Latin] Roman \nlaw. Descendants in a direct line beyond the sixth \ndegree. \nposteriority (pah-steer-ee-or-;}-tee). The condition or \nstate of being subsequent.  This word was formerly \nused to describe the relationships existing between a \ntenant and the two or more lords the tenant held of; \nthe tenant held the older tenancy \"by priority\" and the \nmore recent one \"by posteriority.\" \nposterity, n. (14c) 1. Future generations collectively. 2. \nAll the descendants of a person to the furthest genera\ntion. \npost-expiration-sales theory. Patents. A theory of \nlost-profits remedy by which compensation is sought \nfor sales lost after a patent expired, on the basis that \ninfringement gave the competitor a head start on \nentering the market. -Also termed accelerated reentry \ntheory. [Cases: Patents (;:=318(3).] \npostfacto (pohst fak-toh). [Latin] After the fact. See EX \nPOST FACTO. \npost-factum (pohst-fak-t;}m). [Latin] An after-act; an act \ndone afterwards. -Also termed postfactum. \npost-fine. See KING'S SILVER. postliminium \npostglossators (pohst-glah-say-t;}fz), n. pl. (often cap.) A \ngroup of mainly Italian jurisconsults who were active \nduring the 14th and 15th centuries writing commen\ntaries and treatises that related Roman law to feudal \nand Germanic law, canon law, and other contempo\nrary bodies oflaw . The postglossators constituted the \nsecond wave ofRoman-law study after its revival in the \nlith century, the first being that of the glossators. \nAlso termed commentators. See GLOSSATORS. \npost hoc (pohst hok). [Latin fr. post hoc, ergo propter \nhoc \"after this, therefore because ofthis\"] (1844) 1. adv. \nAfter this; subsequently. 2. adj. Of or relating to the \nfallacy of assuming causality from temporal sequence; \nconfusing sequence with consequence. \nposthumous (pos-ch;}-m;}s), adj. Occurring or existing \nafter death; esp., (of a child) born after the father's \ndeath. \nposthumous adoption. See ADOPTION. \nposthumous child. See CHILD. \nposthumous work. See WORK (2). \nposting. (17c) 1. Accounting. The act of transferring \nan original entry to a ledger. 2. The act of mailing a \nletter. 3. A method of substituted service of process \nby displaying the process in a prominent place (such \nas the courthouse door) when other forms of service \nhave failed. See SERVICE (1). [Cases: Process (;:=8t.] \n4. A publication method, as by displaying municipal \nordinances in deSignated localities. [Cases: Munici\npal Corporations (;=;110.] 5. The act ofproViding legal \nnotice, as by affixing notices of judicial sales at or on \nthe courthouse door. [Cases: Judicial Sales <,,~11.] 6. \nThe procedure for processing a check, including one or \nmore ofthe following steps; (1) verifying any signature, \n(2) ascertaining that sufficient funds are available, (3) \naffixing a \"paid\" or other stamp, (4) entering a charge \nor entry to a customer's account, and (5) correcting or \nreversing an entry or erroneous action concerning the \ncheck. [Cases: Banks and Banking (;:= 137.] \npost-issue activity. Patents. Any acts done during a \npatent's term, induding making, using, or selling a \npatented invention or process, esp. without authori\nzation. \npostjudgment discovery. See DISCOVERY. \npostliminium (pohst-I03-min-ee-;}m), n. [fro Latin post \n\"after\" + limen \"threshold\"] 1. Roman & civil law. The \nreentering of one's residence. 2. Roman & civil law. \nThe doctrine that a restoration ofa person's lost rights \nor status relates back to the time of the original loss \nor deprivation, esp. in regard to the restoration of the \nstatus of a prisoner ofwar. \n\"[AJ person who is taken captive and comes back within the \nlimits of the Empire is correctly described as returning by \npostliminium. By 'limen' (threshold) we mean the frontier \nof a house, and the old lawyers applied the word to the \nfrontier of the Roman State; so that the word postliminium \nconveys the idea of recrossing the frontier. If a prisoner is \nrecovered from a beaten foe he is deemed to have come \nback by postliminium.\" R.W. Lee, The Elements of Roman \nLaw 85-86 (4th ed. 1956). \n\n3. Int'I law. The act of invalidating all of an occupying \nforce's illegal acts, and the post-occupation revival of \nall illegitimately modified legal relations to their former \ncondition, esp. the restoration of property to its rightful \nowner. -Also termed postliminy; jus postliminii. \npost litem motam (pohst h-t;lm moh-tdm). [Law Latin] \nAfter suit commenced. -Depositions held after litiga\ntion had begun were formerly sometimes so called. \npostman (pohst-m;ln). Hist. A barrister in the Court \nof Exchequer who had precedence in motions. -The"}
{"text": "hst-m;ln). Hist. A barrister in the Court \nof Exchequer who had precedence in motions. -The \npostman was so called because ofthe post he stood next \nto when making motions. Cf. TUBMAN. \n\"The postman was an experienced member of the junior \nBar who had a place in the Court of Exchequer by the post \nanciently used as a measure of length in excise cases. He \nhad precedence in motions over all other juniors ....\" Sir \nRobert Megarry, A Second Miscellany-at-Law 122 (1973). \npostmarital, adj. 1. Of, relating to, or occurring after \nmarriage. Cf. PREMARITAL. 2. Of, relating to, or occur\nring after divorce. \npostmark. An official mark put by the post office on \nan item of mail to cancel the stamp and to indicate \nthe place and date ofsending or receipt. [Cases: Postal \nService 15.] \npostmaster. A U.S. Postal Service official responsible for \na local branch of the post office. -Abbr. PM. [Cases: \nPostal Service C:::>7.] \nPostmaster General. The head ofthe U.S. Postal Service. \n[Cases: Postal Service C=>4.] \npost meridiem (pohst mJ-rid-ee-;lm). [Latin] After \nnoon. -Abbr. p.m.; PM. \npostmortem, adj. (1824) Done or occurring after death \n<a postmortem examination>. \npostmortem, n. See AUTOPSY (1). \npostnatus (pohst nay-tJs). [Latin] A person born after a \ncertain political event that affected the person's politi\ncal rights; esp., a person born after the Declaration of \nIndependence. Cf. ANTENATUS. PI. postnati. \npost note. A banknote payable at a future time rather \nthan on demand. See time note under NOTE (1). \npostnup, n. Slang. See POSTNUPTIAL AGREEMENT. \npostnuptial (pohst-n3p-shJI), adj. (1807) Made or occur\nring during marriage <a postnuptial contract>. Cf. PRE\nNUPTIAL. [Cases: Husband and Wife C:--,30.] \npostnuptial agreement (pohst-n3p-sh<lI). (1834) An \nagreement entered into during marriage to define \neach spouse's property rights in the event of death or \ndivorce. _ The term commonly refers to an agreement \nbetween spouses during the marriage at a time when \nseparation or divorce is not imminent. When dissolu\ntion is intended as the result, it is more properly called \na property settlement or marital agreement. -Often \nshortened to postnup. -Also termed postnuptial settle\nment. Cf. PRENUPTIAL AGREEMENT. [Cases: Husband \nand Wife 31.] \npostnuptial settlement. See POSTNUPTIAL AGREE\nMENT. postnuptial will. See WILL. \npost-obit agreement. See BOND (3). \npost-obit bond. See BOND (3). \npostpone, vb. (1Sc) 1. To put off to a later time. 2. To place \nlower in precedence or importance; esp., to subordinate \n(a lien) to a later one. 3. Parliamentary law. To tem\nporarily or permanently suppress a main motion. \npostponement, n. \npostpone definitely. To delay a main motion's consid\neration to a specified time or until a specified con\ndition occurs, usu. by the next meeting -or to the \nnext meeting as unfinished business. -Also termed \npostpone to a certain time; postpone to a definite time; \npostpone to a time certain. See TIME CERTAIN. \npostpone indefinitely. To dispose of a main motion \nwithout taking a view on its merits while prevent\ning its further consideration during the same session. \n This motion's ancient form in the English Parlia\nment was to postpone consideration until \"this day \nsix months\" (or \"three months\") -that is, some time \nbeyond the current session, sufficiently remote that \nthe body expected not to consider the matter again. \nAlso termed indefinite postponement. \npostpone temporarily. See TABLE. \npostpone to a certain time. See postpone definitely. \npostpone to a definite time. See postpone definitely. \npostpone to a time certain. See postpone definitely. \npost prolem suscitatam (pohst proh-IJm SJs-J-tay-t::lm). \n[Law Latin] After issue born. \npostremogeniture. See BOROUGH ENGLISH. \npost tan tum temporis (pohst tan-t;lm tem-pJ-ris). [Latin] \nHist. After so long a time. \npost-terminal sitting. A court session held after the \nnormal term. \npost terminum (pohst t3r-m;l-n;lm). [Law Latin] After \nterm, as a writ returned after the ending of a judicial \nterm. \nposttrial discovery. See post judgment discovery under \nDISCOVERY. \nposttrial motion. See MOTION (1). \nposttrial proceeding. See PROCEEDING. \npostulate, vb. Eccles. law. To name someone to an ecclesi\nastical position, subject to approval by a higher author\nity. \npostulatio (pos-ch;l-Iay-shee-oh). [Latin] Hist. Eccles. \nlaw. A petition requesting the naming or transfer of \na bishop. \npostulatio actionis (pos-chd-Iay-shee-oh ak-shee-oh\nnis). [Latin] Roman law. A request to a magistrate \nhaving jurisdiction for permission to bring an action. \npotentate (poh-tJn-tayt). A ruler who possesses great \npower or sway; a monarch. \npotentia (p;l-ten-shee-;l). [Latin] Possibility; power. \n\n1287 pourover will \npotential, adj. Capable of coming into being; possible \n<things having a potential existence may be the subject \nof mortgage, assignment, or sale>. \npotentially responsible party. Environmental law. A \nperson or entity that may be required to clean up a \npolluted site because the person or entity (1) owns or \noperates on the site, (2) arranged for the disposal of \na hazardous substance on the site, (3) transported a \nhazardous substance to the site, or (4) contributed in \nany other way to contaminate the site. Abbr. PRP. \nSee SUPERFUND. \npotential Pareto superiority. See WEALTH MAXIMIZA\nTION. \npotentia propinqua (pJ-ten-shee-J prJ-ping-kwJ). \n[Latin] Common possibility. \npotestas (pJ-les-tJs or -tas), n. [Latin \"power\"] Roman \nlaw. Authority or power, such as the power of a mag\nistrate to enforce the law, or the authority of an owner \nover a slave. \npatria potestas (pay-tree-J or pa-tree-J). [Latin \n\"paternal power\"] The authority held by the male \nhead ofa family (the senior ascendant male) over his \nlegitimate and adopted children, as well as further \ndescendants in the male line, unless emancipated. \n Initially, the father had extensive powers over \nthe family, including the power of life and death; \nuntil Justinian's time, the father alone in his familia \nhad proprietary capacity but he could give a son or \nslave a peculium. Over time, the broad nature of the \npatria potestas gradually became more in the nature \nof a responsibility to support and maintain family \nmembers. But except in early Roman history, a wife \ndid not fall into her husband's power but remained in \nher father's until she became sui juris by his death. \nAlso termed fatherly power. \n\"The power of the father continued ordinarily to the close \nof his life, and included not only his own children, but \nalso the children of his sons, and those of his sons' sons, \nif any such were born during his lifetime.... Originally \nand for a long time the patria potestas had a terribly \ndespotic character. Not only was the father entitled to all \nthe service and all the acquisitions of his child, as much as \nto those of a slave, but he had the same absolute control \nover his person. He could inflict upon him any punishment \nhowever severe .... Consider now that the patria potestas \nhad this character and extent down to the Christian era: \nthat, in general, every citizen of the republic who had a \nliving father was in this condition, unable to hold property, \nunable to acquire any thing for himself, wholly dependent \non his father in property and person. . without help or \nvindication from the law.... The reason which caused \nthe Romans to accept and uphold the patria potestas, to \nmaintain it with singular tenacity against the influence \nof other systems with which they came in contact, must \nhave been the profound impression of family unity, the \nconviction that every family was, and of right ought to be, \none body, with one will and one executive.\" James Hadley, \nIntroduction to Roman Law 119-21 (1881). \n\"Nature and Extent of Patria Potestas. From the most \nremote ages the power ofa Roman father over his children, \nincluding those by adoption as well as by blood, was unlim\nited. A father might, without violating any law, scourge \nor imprison his son, or sell him for a slave, or put him to \ndeath, even after that son had risen to the highest honours in the state. This jurisdiction was not merely nominal, but, \nin early times, was not infrequently exercised to its full \nextent, and was confirmed by the laws of the XII Tables.... \nBy degrees the right of putting a child to death (ius vitae \net necis) fell into desuetude; and long before the close \nof the republic, the execution of a son by order of his \nfather, although not forbidden by any positive statute, was \nregarded as something strange, and, unless under extraor \ndinary circumstances, monstrous. But the right continued \nto exist in theory ... after the establishment of the empire. \n[In the Christian empire, these extreme punishments were \nforbidden and disciplinary powers were reduced to those \nof reasonable chastisement. -Ed.]\" William Ramsay, A \nManual of Roman Antiquities 291-92 (Rodolfo Lanciani \ned., 15th ed. 1894). \npotestas gladii (pJ-tes-lJs [or -tas] glad-ee-I). [Latin \n\"the power of the sword\"] Roman law. See JUS \nGLADII. \npotestas maritalis (pJ-tes-tJs [or -tas] mar-J-tay-lis). \n[Latin] Hist. The marital power . In Roman law, this \nwas an institution, one that was decaying by the end \nofthe Republic. \npotestative condition. See CONDITION (2). \npound, n. (12c) 1. A place where impounded property \nis held until redeemed. 2. A place for the detention of \nstray animals. [Cases: Animals C=> 103.] 3. A measure \nof weight equal to 16 avoirdupois ounces or 7,000 \ngrains. [Cases: Weights and Measures C=> 3.] 4. The \nbasic monetary unit of the United Kingdom, equal to \n100 pence. A pound was worth 20 shillings until deci\nmalization in 1968. Also termed (in sense 4) pound \nsterling. \npoundage fee. (18c) A percentage commission awarded \nto a sheriff for moneys recovered under judicial process, \nsuch as execution or attachment. [Cases: Sheriffs and \nConstables \npound-breach. Hist. The offense of breaking a pound \nfor the purpose of taking out something that has been \nimpounded. \npound ofland. (16c) An uncertain quantity ofland, usu. \nthought to be about 52 acres. \npound sterling. See POUND (4). \npour acquit (poor a-kee), n. [French \"for acquittance\"] \nFrench law. The formula that a creditor adds when \nsigning a receipt. \npour appuyer (poor a-poo-yay). [Law French] For the \nsupport of; in the support of. \npour autrui (poor oh-troo-ee). [Law French] For others. \n[Cases: Contracts C-=> 187.1 \npour faire proclaimer (poor fair prJ-klay-mJr), n. \n[Law French \"for making a proclamation\"] Hist. A \nwrit addressed to the mayor or bailiff of a city or town, \nrequiring that official to make a proclamation about \nsome matter, such as a nuisance. \npour out, vb. (1978) Slang. To deny (a claimant) damages \nor relief in a lawsuit <the plaintiff was poured out of \ncourt by the jury's verdict ofno liability>. \npourover trust. See TRUST. \npourover will. See WILL. \n\n1288 pourparler \npourparler (poor-pahr-l;~r), vb. [French] To informally \ndiscuss before actual negotiating begins. -pourpar\nler, n. \npourparty (poor-pahr-tee). [Law French] See PURPART. \npourpresture (poor-pres-char). [Law French] See PUR\nPRESTURE. \npour seisir terres (poor SI-zar ter-eez). [Law French \"for \nseizing the lands\"] Hist. A writ by which the Crown \ncould seize land that the wife of its deceased tenant, \nwho held in capite, had for her dower ifshe married \nwithout leave. \npoverty. 1. The condition ofbeing indigent; the scarcity \nofthe means ofsubsistence <war on poverty>. 2. Dearth \nofsomething desirable <a poverty ofideas>. \npoverty affidavit. See AFFIDAVIT. \nPOW. abbr. PRISONER OF WAR. \nPowell doctrine. See CORRUPT-MOTIVE DOCTRINE. \npower. (13c) 1. The ability to act or not act; esp., a person's \ncapacity for acting in such a manner as to control \nsomeone else's responses. 2. Dominance, control, or \ninfluence over another; control over one's subordinates. \n3. The legal right or authorization to act or not act; a \nperson's or organization's ability to alter, by an act of \nwill, the rights, duties, liabilities, or other legal relations \neither of that person or ofanother. \n';A power is the capacity to change a legal relationship. \nIn this terminology the off"}
{"text": "\neither of that person or ofanother. \n';A power is the capacity to change a legal relationship. \nIn this terminology the offeree has, before the contract \nis made, a power to create a contract by means of accep\ntance.' E. Allan Farnsworth, Contracts  3.4, at 114 n.3 \n(3d ed. 1999). \nagent's power. The ability ofan agent or apparent agent \nto act on behalf ofthe principal in matters connected \nwith the agency or apparent agency. [Cases: Principal \nand Agent (;::::-49,91-126.] \nconcurrent power. (1812) A political power indepen\ndently exercisable by both federal and state govern\nments in the same field oflegislation. \ncongressional power. The authority vested in the U.S. \nSenate and House of Representatives to enact laws and \ntake other constitutionally permitted actions. U.S. \nCanst. art. L [Cases; United States \ndelegated power. Power normally exercised by an \nauthority that has temporarily conferred the power \non a lower authority. [Cases: Powers (;::::-1.] \nderivative power. Power that arises only from a grant \nof authority. _ Power may be derived, for example, \nby an agent from a principal, or by a head of state \nfrom constitutional or statutory provisions. [Cases; \nPowers \ndiscretionary power. A power that a person may choose \nto exercise or not, based on the person's judgment. \nenumerated power. (1805) A political power specifically \ndelegated to a governmental branch by a constitu\ntion. -Also termed express power. [Cases; Consti\ntutional Law (;::::-635-639.] \nfatherly power. See patria potestas under POTESTAS. implied power. (1807) A political power that is not \nenumerated but that nonetheless exists because it is \nneeded to carry out an express power. [Cases: Admin\nistrative Law and Procedure (;::::-325; Powers \nincident power. (17c) A power that, although not \nexpressly granted, must exist because it is necessary \nto the accomplishment of an express purpose. -Also \ntermed incidental power. \ninherent power. (17c) A power that necessarily derives \nfrom an office, position, or status. \ninstitorial power (in-st<J-tor-ee-<JI). Civil law. The \npower given by a business owner to an agent to act in \nthe owner's behalf. \ninvestigatory power (in-ves-ta-ga-tor-ee). (usu. pl.) \nThe authority conferred on a governmental agency \nto inspect and compel disclosure of facts germane \nto an investigation. [Cases: Administrative Law and \nProcedure C::;:)346.j \njudicial power. See JUDICIAL POWER. \nmediate powers. See MEDIATE POWERS. \nnaked power. (I8c) The power to exercise rights over \nsomething (such as a trust) without having a corre\nsponding interest in that thing. Cf. power coupled \nwith an interest. \nparticular power. See special power. \nplenary power (plee-n<J-ree or plen-<J-ree). (16c) Power \nthat is broadly construed; esp., a court's power to \ndispose of any matter properly before it. [Cases; \nCourts 26, 30, 207.1.] \npolice power. See POLlCE POWER. \npower coupled with an interest. (18c) A power to do \nsome act, conveyed along with an interest in the \nsubject matter of the power. - A power coupled with \nan interest is not held for the benefit of the princi\npal, and it is irrevocable due to the agent's interest in \nthe subject property. For this reason, some authori\nties assert that it is not a true agency power. Also \ntermed power given as security; proprietary power. \nSee irrevocable power ofattorney under POWER OF \nATTORNEY. Cf. naked power. [Cases; Powers (;::::-27.] \n\"[S]uppose that the principal borrows money from the \nagent and by way of security authorizes the agent to sell \nBlackacre if the loan is not repaid and pay himself out of \nthe proceeds. In such case there is no more reason why \nthe prinCipal should be permitted to revoke than if he had \nformally conveyed or mortgaged Blackacre to the agent. \nHence it would be highly unfair to the agent to allow his \nprincipal to revoke. The reason why such a case is not \nproperly governed by the considerations usually making \nan agency revocable is that this is in reality not a case of \nagency at all. In a normal agency case the power is con\nferred upon the agent to enable him to do something for \nthe principal while here it is given to him to enable him to \ndo something for himself. Coupled with an interest means \nthat the agent must have a present interest in the property \nupon which the power is to operate.\" Harold Gill Reuschlein \n& William A. Gregory, The Law ofAgency and Partnership \n 47, at 99 (1990). \npower given as security. See power coupled with an \ninterest. \n\n1289 \npower ofacceptance. An offeree's power to bind an \nofferor to a contract by accepting the offer. [Cases: \nContracts 22(1).1 \npower ofrevocation (rev-<l-kay-sh<ln). (I7c) A power \nthat a person reserves in an instrument (such as a \ntrust) to revoke the legal relationship that the person \nhas created. [Cases: Contracts <8=>217; Powers \n19; Trusts <8=>59.] \npower ofsale. A power granted to sell the property that \nthe power relates to. _ The power's exercise is often \nconditioned on the occurrence of a specific event, \nsuch as the nonpayment of a debt. [Cases: Powers \n<8=>20.] \npower over oneself. See CAPACITY (2). \npower over other persons. See AUTHORITY (1). \nprimary powers. See PRIMARY pm'lERS. \nprivate power. A power vested in a person to be exer \ncised for personal ends and not as an agent for the \nstate. \nproprietary power. See power coupled with an interest. \npublic power. A power vested in a person as an agent \nor instrument of the functions of the state. -Public \npowers comprise the various forms of legislative, \njudicial, and executive authority. [Cases: Officers and \nPublic Employees <8=> 103.] \nquasi-judicial power. (152) An administrative agency's \npower to adjudicate the rights of those who appear \nbefore it. [Cases: Administrative Law and Procedure \n<8=>108.] \nquasi-legislative power. (1864) An administrative \nagency's power to engage in rulemaking. 5 USCA \n 553. [Cases: Administrative Law and Procedure \n(;:)106, 385.] \nreserved power. (1831) A political power that is not enu\nmerated or prohibited by a constitution, but instead \nis reserved by the constitution for a specified politi\ncal authority, such as a state government See TENTH \nAMENDMENT. \nrestraining power. A power to restrict the acts of \nothers. \nresulting power. A political power derived from the \naggregate powers expressly or impliedly granted by \na constitution. \nspecial power. (18c) 1. An agent's limited authority to \nperform only specific acts or to perform under specific \nrestrictions. Also termed particular power. [Cases: \nPowers 19.] 2. See limited power ofappointment \nunder POWER OF APPOIKTMENT. \nspendingpower. (1923) 1he power granted to a govern \nmental body to spend public funds; esp., the congres\nsional power to spend money for the payment ofdebt \nand provision of the common defense and general \nwelfare ofthe United States. U.S. Const. art. 1,  8, el. \n1. [Cases: United States G---=>82.] \ntaxing power. (18c) The power granted to a governmen\ntal body to levy a tax; esp., the congressional power power \nto levy and collect taxes as a means of effectuating \nCongress's delegated powers. U.S. Const. art. I,  8, \nd. 1. See SIXTEENTH AMENDMENT. [Cases: Internal \nRevenue<:;:-~J3001-3008; [Cases: Taxation G'='2003\n2007.] \ntrust power. See benefiCial power. \nvisitatorial power.lhe power to inspect or make deci\nsions about an entity's operations. -Also termed \nvisitorial power. \n4. A document granting legal authorization. See \nAUTHORITY. 5. An authority to affect an estate in land \nby (1) creating some estate independently ofany estate \nthat the holder ofthe authority possesses, (2) imposing \na charge on the estate, or (3) revoking an existing estate. \nSee POWER OF APPOINTMENT; PERMIT. [Cases: Powers \n\"The word 'power' is normally used in the sense of an \nauthority given to a person to dispose of property which \nis not his. The person giving the power is called the donor \nand the person to whom it is given the donee.\" Robert E. \nMegarry & P.v. Baker, A Manual ofthe Law ofReal Property \n253 (4th ed. 1969). \nappendant power (d-pen-d;mt). (17c) 1. A power that \ngives the donee a right to appoint estates that attach to \nthe donee's own interest. 2. A power held by a donee \nwho owns the property interest in the assets subject \nto the power, and whose interest can be divested bv \nthe exercise ofthe power. -The appendant power i's \ngenerally viewed as adding nothing to the owner \nship and thus is not now generally recognized as a \ntrue power. -Also termed power appendant; power \nappurtenant. [Cases: Powers (;:=>23.] \navoiding power. Bankruptcy. The power of a bank\nruptcy trustee or debtor in possession to void certain \ntransfers made or obligations incurred by a debtor, \nincluding fraudulent conveyances, preferences trans\nferred to creditors, unperfected security interests \nin personal property, and unrecorded mortgages. \n11 USCA  544-53. [Cases: Bankruptcy (;:\"2703, \n2704.] \nbeneficial power. (18c) A power that is executed for \nthe benefit of the power's donee, as distinguished \nfrom a trust power, which is executed for the benefit \nofsomeone other than the power's donee (Le., a trust \nbeneficiary). [Cases: Powers \ncollateral power. A power created when the donee \nhas no estate in the land, but simply the authority to \nappoint. [Cases: Powers (;=>25.] \ngeneral power. See POWER OF APPOINTMENT. \nlimited power. See POWER OF APPOINTMENT. \nmandatory power. A power that the donee must \nexercise and must do so only as instructed, without \ndiscretion. \npower appendant. See appendant power. \npower appurtenant. See appendant power. \npower collateral. See power in gross. \n\n1290 power-delegating law \npower in gross. (18c) A power held by a donee who \nhas an interest in the assets subject to the power but \nwhose interest cannot be affected by the exercise of \nthe power. -An example is a life tenant with a power \nover the remainder. -Also termed power collateral. \n[Cases: Powers (;:::::>23.] \npower ofappointment. See POWER OF APPOINTMENT. \nrelative power. A power that relates directly to land, as \ndistinguished from a collateral power. \ntestamentary power. See POWER OF APPOINTMENT. \n6. Physical strength. 7. Moral or intellectual force. 8. \nA person ofinfluence <a power in the community>. 9. \nOne ofthe great nations ofthe world <one ofthe world's \ntwo great powers>. See PROTECTING POWER. 10. The \nmilitary or unit of it, such as a troop ofsoldiers. \npower-delegating law. See LAW OF COMPETENCE. \npower given as security. See power coupled with an \ninterest under POWER (3). \npower ofalienation. (16c) The capacity to sell, transfer, \nassign, or otherwise dispose ofproperty. \npower of appointment. (18c) A power created or \nreserved by a person having property subject to dis\nposition, enabling the donee ofthe power to designate \ntransferees ofthe property or shares in which it will be \nreceived; esp., a power conferred on a donee by will or \ndeed to select and determine one or more recipients of \nthe donor's estate or income. -If the power is exercis\nable before the donee's death, it is exercisable wholly \nin favor of the donee. If the power is testamentary, it \nis exercisable wholly in favor of the donee's estate. \nOften shortened to power. Also termed enabling \npower. [Cases: Powers (;:::::> 19; Wills (;:::::>589.] \ngeneral power of appointment. (l8c) A power of \nappointment by which the donee can appoint \nthat is, dispose ofthe donor's property -in favor of \nanyone at all, including oneself or one's own estate; \nesp., a power that authorizes the alienation of a fee \nto any alienee. -Often shortened to general power. \n[Cases: Powers (;:::::> 19; Wills (;:::::>589.] \nlimited power ofappointment. (1830) A power of \nappointment that either does not allow the entire \nestate to be conveyed or restricts to whom the estate \nmay be conveyed; esp., a power by which the donee \ncan appoint to only the person or class specified in the \ninstrument creating the power, but cannot appoint \nto oneself or one's own estate. -Often shortened \nto limited power. Also termed special power of \nappointment. [Cases: Powers (;:::::> 19; Wills C':::>589.] \nspecial power ofappointment. See limited power of \nappointment. \ntestamentary power ofappointment (tes-t;,-men-t;,\nree or -tree). (1858) A power of appointment created \nby a will. Often shortened to testamentary power. \n[Cases: Wills (;:::::>589.] \npower-of-appointment trust. See TRUST. power of attorney. (18c) 1"}
{"text": ">589.] \npower-of-appointment trust. See TRUST. power of attorney. (18c) 1. An instrument granting \nsomeone authority to act as agent or attorney-in-fact \nfor the grantor. -An ordinary power of attorney is \nrevocable and automatically terminates upon the death \nor incapacity of the principal. Also termed letter \nofattorney; warrant ofattorney. See ATTORNEY (1). \n[Cases: Principal and Agent ,,\":=51.] 2. The authority \nso granted; specif., the legal ability to produce a change \nin legal relations by doing whatever acts are authorized. \nPI. powers ofattorney. \ndurable power ofattorney. (1980) A power ofattorney \nthat remains in effect during the grantor's incompe\ntency. -Such instruments commonly allow an agent \nto make healthcare decisions for a patient who has \nbecome incompetent. [Cases: Principal and Agent \ngeneral power ofattorney. (18c) A power of attorney \nthat authorizes an agent to transact business for the \nprincipaL Cf. special power ofattorney. [Cases: Prin\ncipal and Agent <8='97.] \nirrevocable power ofattorney (i-rev-a-k;,-b;,l). (18c) A \npower ofattorney that the principal cannot revoke. \nAlso termed power ofattorney coupled with an interest. \nSee power coupled with an interest under POWER (3). \n[Cases: Principal and Agent \npower ofattorney coupled with an interest. See irre\nvocable power ofattorney. \npower ofattorneyfor healthcare. See ADVANCE DIREC\nTIVE (1). \nspecial power ofattorney. (18c) A power of attorney \nthat limits the agent's authority to only a specified \nmatter. Cf. general power ofattorney. \nspringing power ofattorney. A power ofattorney that \nbecomes effective only when needed, at some future \ndate or upon some future occurrence, usu. upon \nthe principal's incapacity. -Also termed spring\ning durable power ofattorney. See durable power of \nattorney; ADVANCE DIRECTIVE. \npower ofrevocation (rev-.J-kay-sh;,n). See POWER (3). \npower ofsale. See POWER (3). \npower-of-sale clause. (1883) A provision in a mortgage or \ndeed oftrust permitting the mortgagee or trustee to sell \nthe property without court authority if the payments \nare not made. [Cases: Mortgages C':::>21.j \npower-of-sale foreclosure. See FORECLOSURE. \npower oftermination. (1919) A future interest retained \nby a grantor after conveying a fee simple subject to a \ncondition subsequent, so that the grantee's estate termi\nnates (upon breach ofthe condition) only ifthe grantor \nexercises the right to retake it. -Also termed right of \nentry; right ofreentry; right ofentry for breach ofcondi\ntion; right ofentry for condition broken. See fee simple \nsubject to a condition subsequent under FEE SIMPLE. Cf. \nPOSSIBILITY OF REVERTER. [Cases: Deeds l59.] \npower over oneself. See CAPACITY (2). \npower over other persons. See AUTHORITY (1). \n\n1291 \t practice of law \npower politics. Int'llaw. An approach to foreign policy \nthat encourages a nation to use its economic and \nmilitary strength to enlarge its own power as an end \nin itself; a system in which a country is willing to bring \nits economic and (esp.) military strength to bear in an \neffort to increase its own power. \npower to inspect. Patents. The authority ofa third party \nto review a patent application . The power may be \ngiven by the applicant or an assignee, often to a poten\ntial buyer. It must specify which application the person \nis authorized to see, and it becomes part of the record \nof the application. See ACCESS (4), (5). [Cases: Patents \nC=>97.] \np.p. abbr. \t1. PER PROCURATIONEM. 2. PROPRIA PER\nSONA. \nPPA. abbr. 1. See provisional application under PATENT \nAPPLICATION. 2. PLANT PATENT ACT. \nPPI. abbr. POLICY PROOF OF INTEREST. \nPPO. abbr. 1. PREFERRED-PROVIDER ORGANIZATION. \n2. See permanent protective order under PROTECTIVE \nORDER. \np. pro. abbr. PER PROCURATIONEM. \np. proc. abbr. PER PROCURATIONEM. \nPRo abbr. PUBLIC RELATIONS. \npracticable, adj. (I6c) (Of a thing) reasonably capable of \nbeing accomplished; feasible. \npracticably irrigable acreage. Land that is susceptible \nto prolonged irrigation, at reasonable cost. \npractical construction. See contemporaneous construc\ntion under CONSTRUCTION. \npractical finality. The situation in which a court order \ndirects immediate delivery of physical property, sub\njecting the losing party to irreparable harm ifan imme\ndiate appeal were not possible . Practical finality \nprovides an exception to the usual rule that interlocu\ntory orders are not appealable. See FINALITY DOCTRINE. \n[Cases: Federal Courts (;::)572.1.] \npractical interpretation. See contemporaneous construc\ntion under CONSTRUCTION. \npractically avoidable. See AVOIDABLE. \npractice, n. (I5c) 1. The procedural methods and rules \nused in a court oflaw <local practice requires that an \nextra copy of each motion be filed with the clerk>. 2. \nPRACTICE OF LAW <where is your practice?>. [Cases: \nPatents (;::)90(5).] \npractice, vb. Patents. 1. To make and use (a patented \ninvention) <the employer had a shop right to practice \nthe patent, but not to sell it>. 2. To build a physical \nembodiment of an invention. See REDUCTION TO \nPRACTICE. \npractice act. (1881) A statute governing practice and \nprocedure in courts . Practice acts are usu. supple\nmented with court rules such as the Federal Rules of \nCivil Procedure. practice book. (1873) A volume devoted to the proce\ndures in a particular court or category ofcourts, usu. \nincluding court rules, court forms, and practice direc\ntions. \npractice court. 1. MOOT coeRT. 2. (cap.) BAIL COURT. \npractice goodwill. See GOODWILL. \npractice guide. A written explanation ofhow to proceed \nin a particular area oflaw or in a particular court or \nlocality. \npractice oflaw. (l7c) The professional work of a duly \nlicensed lawyer, encompassing a broad range ofservices \nsuch as conducting cases in court, preparing papers \nnecessary to bring about various transactions from con\nveying land to effecting corporate mergers, preparing \nlegal opinions on various points oflaw, drafting wills \nand other estate-planning documents, and advising \nclients on legal questions . The term also includes \nactivities that comparatively few lawyers engage in but \nthat require legal expertise, such as drafting legislation \nand court rules. -Also termed legal practice. Cf. LAW \nPRACTICE. [Cases: Attorney and Client (;::) 11.] \nmultidisciplinary practice o/law. See MULTIDISCI\nPLINARY PRACTICE. \nunauthorized practice o/law. (1928) The practice of \nlaw by a person, typically a nonlawyer, who has not \nbeen licensed or admitted to practice law in a given \njurisdiction. Abbr. UPL. [Cases: Attorney and \nClient G--;:, Il.J \n\"The definitions and tests employed by courts to delineate \nunauthorized practice by nonlawyers have been vague or \nconclusory, while jurisdictions have differed significantly \nin describing what constitutes unauthorized practice in \nparticular areas. \n\"Certain activities, such as the representation of another \nperson in litigation, are generally proscribed. Even in that \narea, many jurisdictions recognize exceptions for such \nmatters as smallclaims and landlord-tenant tribunals and \ncertain proceedings in administrative agencies. Moreover, \nmany jurisdictions have authorized law students and \nothers not locally admitted to represent indigent persons \nor others as part of clinical legal education programs. \n\"Controversy has surrounded many outof-court activities \nsuch as advising on estate planning by bank trust officers, \nadvising on estate planning by insurance agents, stock \nbrokers, or benefitplan and similar consultants, filling out \nor providing guidance on forms for property transactions \nby real estate agents, title companies, and closingservice \ncompanies, and selling books or individual forms contain\ning instructions on selfhelp legal services accompanied \nby personal, non-lawyer assistance on filling them out \nin connection with legal procedures such as obtaining \na marriage dissolution. The pOSition of bar associations \nhas traditionally been that nonlawyer provisions of such \nservices denies the person served the benefit of such legal \nmeasures as the attorney-client privilege, the benefits of \nsuch extraordinary duties as that of confidentiality of client \ninformation and the protection against conflicts of interest, \nand the protection of such measures as those regulating \nlawyer trust accounts and requiring lawyers to supervise \nnon-lawyer personnel. Several jurisdictions recognize \nthat many such services can be provided by nonlawyers \nwithout Significant risk of incompetent service, that actual \nexperience in several states with extensive nonlawyer pro\nvision of traditional legal services indicates no significant \nrisk of harm to consumers of such services, that persons in \n\npracticks 1292 \nneed of legal services may be significantly aided in obtain\ning assistance at a much lower price than would be entailed \nby segregating out a portion of a transaction to be handled \nby a lawyer for a fee, and that many persons can ill afford, \nand most persons are at least inconvenienced by, the typi \ncally higher cost of lawyer services.\" Restatement (Third) of \nthe law Governing lawyers  4 cmt. c (1998). \npracticks (prak-tiks). Hist. Scots law. (usu. pi.) An old \ncollection of notes about points of practice, decisions \nofthe Court ofSessions, statutes, and forms, compiled \nby members of the court. An example is Balfour's \nPracticks (1469-1579). A precursor oflaw reports, the \nnotes remain historical legal literature ofsome author\nity. \npractitioner. (16c) A person engaged in the practice ofa \nprofession, esp. law or medicine. \npraebentes causam mortis (pri-ben-teez kaw-z<lm mor\ntis). [Latin] Hist. (Persons) occasioning the cause of \ndeath. \npraeceptio haereditatis (pri-sep-shee-oh h<l-red-i-tay\ntis). [Law Latin] Scots law. A taking of the inheritance \nin advance. -Also termed lucrative succession. \n\"Praeceptio haereditatis .... This is one of the passive \ntitles known in law, which, if incurred by the heir, renders \nhim in some measure liable for his ancestor's debts. It \nwas introduced to prevent an heir from receiving and \nenjoying, under a gratuitous disposition inter vivos from \nhis ancestor, that heritable estate to which he would be \nentitled to succeed on the ancestor's death, and of thus \navoiding responsibility for his ancestor's debts and other \nobligations.\" John Trayner, Trayner's Latin Maxims 466-67 \n(4th ed. 1894). \npraeceptores (pree-sep-tor-eez). [Law Latin \"masters\"] \nHist. The chief clerks of Chancery, responsible for pre\nparing remedial writs. \npraecipe (pree-s<l-pee or pres-<l-pee), n. [Latin \n\"command\"] (ISc) 1. At common law, a writ ordering \na defendant to do some act or to explain why inaction \nis appropriate. -Also termed writ ofpraecipe. 2. A \nwritten motion or request seeking some court action, \nesp. a trial setting or an entry of judgment. -Also \nspelled precipe. -praecipe, vb. \npraecipe quod reddat (pree-s<l-pee or preS-<l-pee kwod \nred-at). [Latin \"command that he render\"] Hist. A writ \ndirecting the defendant to return certain property . \nAn action for common recovery was often begun with \nthis writ. When the writ was brought to recover land, \nit was termed ingressu. See COMMON RECOVERY. \n\"The praecipe quod reddat was the proper writ when \nthe plaintiff's action was for a specifick thing; as for the \nrecovery of a debt certain, or for the restoration of such \na Chattel, or for giving up such a house, or so much land, \nspecifying the nature and quantity of it. By this writ the \nsheriff was commanded to summon the tenant or defen\ndant to appear at Westminster; at such a day in term.\" 1 \nGeorge Crompton, Rules and Cases ofPractice in the Courts \nofKing's Bench and Common Pleas xxxix (3d ed. 1787). \npraecipitium (pree-s.}-pish-ee-<>m or pres-.}-), n. [Latin \n\"headlong fall\"] Roman law. The punishment ofcasting \na criminal from the Tarpeian rock. \npraecipuum (pri-sip-yoo-am), n. [Latin] Hist. The estate \nportion that is not subject to rules of division; the part ofan estate that one claimant (usu. the eldest heir-por\ntioner) receives to the exclusion ofall others. \npraeco (pree-koh), n. [Latin] Roman law. A herald or \ncrier. \npraedia (pree-dee-a), n. [Latin] The plural ofpraedium \n(land; an estate). See PRAEDIUM. \npraedia belUca (pree-dee-a bel-<l-k<l). [Latin] Property \nseized in war; booty. \npraedia stipendiaria (pree-dee-a str -pen -dee-air-ee-a). \n[Latin] Provincial lands belonging to the res publicae; \nthe senatorial provinces. \npraedia tributaria (pree-dee-<l trib-yoo-tair-ee-a). \n[Latin] Provincial lands belonging to the emperor; \nthe imperial provinces. \npraedial (pree-dee-<ll), adj. See PRE"}
{"text": "to the emperor; \nthe imperial provinces. \npraedial (pree-dee-<ll), adj. See PREDIAL. \npraedial tithe. See predial tithe under TITHE. \npraedictus (pri-dik-t<ls), adj. [Law Latin] Hist. Aforesaid. \n In pleading, praedictus usu. referred to a defendant, \na town, or lands, idem to a plaintiff, and praefatus to a \nperson other than a party. Cf. PRAEFATUS. \npraedium (pree-dee-.}m), n. [Latin] Roman law. Land; \nan estate. PI. praedia. \npraedium dominans (pree-dee-<lm dom-;:l-nanz). \n[Latin] A dominant estate; an estate benefiting from \na servitude. See SERVITUDE. Cf. dominant estate under \nESTATE (4). \npraedium rusticum (pree-dee-;:lm r;)s-ti-k;)m). [Latin] \nAn estate used for agricultural purposes. Cf. rural \nservitude under SERVITUDE (2). \npraedium serviens (pree-dee-am s<lr-vee-enz). [Latin] \nAn estate burdened by a servitude; a servient estate. \nSee SERVITUDE. Cf. servient estate under ESTATE (4). \npraedium urbanum (pree-dee-am ar-bay-n.}m). [Latin] \nAn estate used for business or for dwelling; any estate \nother than apraedium rusticum. See urban servitude \n(2) under SERVITUDE (2). \npraedo (pree-doh), n. [Latin] Roman law. A robber. PI. \npraedones. \npraefatus (pri-fay-t<ls), adj. [Latin] Aforesaid. Abbr. \npraefat; p. fat. Cf. PRAEDICTUS. \npraefectura (pri-fek-char-<l), n. [Latin] Roman law. 1. \nThe office of prefect. 2. A town or territory adminis\ntered by a prefect. \npraefectus urbi (pri-fek-t<ls ar-bI). [Latin \"prefect of the \ncity\"] Roman law. A senator charged with keeping law \nand order in the city of Rome. This duty originated \nin the early Empire. The praefectus had both criminal \nand civil jurisdiction; the latter was gradually taken \nover from the praetor, although the praefectus's civil \njurisdiction was always cognitio. -Also termed urban \nprefect; prefect ofthe city. \n\"Praefectus urbi. The prefect of the city was originally a \nmere delegate appointed in case of the temporary absence \nof the emperor, but the office became a permanency owing \nto Tiberius' continued residence away from Rome in the \nlatter part of his reign, and under subsequent emperors \n\n1293 praescriptis verbis \nthe prefect remained in office even when the emperor was \npresent, His duties included generally the maintenance \nof order in the city, and he had under his command the \nurban cohorts, in effect a police force numbering between \n4,000 and 6,000 men, He early assumed criminal jurisdic \ntion, and in the end became the chief criminal court not \nonly for Rome but for the district within 100 miles,\" H,F, \nJolowicz, Historical Introduction to the Study ofRoman Law \n345~46 (1952), \npraefectus vigilum (pri~fek-t<'ls vi-jil-<'lm). [Latin \"prefect \nofthe watch \"] Roman law, An officer, immediately sub\nordinate to the praefectus urbi, with police and fire\nprevention duties . This officer had the authority to \npunish offenses relating to the public peace. See PRAE\nFECTUS URBI. \npraefectus villae (pri-fek-t<'ls vil-ee). [Latin] Hist. The \nmayor of a town. \npraefine (pree-fm). See PRIMER FINE. \npraejuramentum (pree-juur-<'l-men-tam), n. [Law Latin) \nHist. A preparatory oath. \npraelegatum (pree-Id-gay-tam), n. [Latin] Roman law. A \nlegacy to one of several heirs whereby the legatee was \nentitled to the legacy before the estate was divided . \nThis was similar to an advancement. \npraelibatio matrimonii (pree-h-bay-shee-oh ma-tr<)\nmoh-nee-I). [Law Latin] His!. A foretaste of marriage. \npraematura diligentia (pree-m<'l-t[y]uur-<'l [or -chuur\n<'lj dil-a-jen-shee-<'l). [Law Latin] Scots law. Premature \nexecution of a judgment. \npraemium emancipation is (pree-mee-am i-man-sa\npay-shee-oh-nis). [Latin \"reward for emancipation\"] \nRoman law. A compensation allowed by Constantine \nto a father on the emancipation ofhis child, consisting \nof one-third ofthe property that came to the child from \nhis mother's side . Justinian replaced this with the \nusufruct of half the child's separate property. \npraemium pudicitiae (pree-mee-<}m pyoo-da-sish-ee-ee. \n[Latin \"the price of chastity\"] Hist. Compensation \npaid by a man who seduced a chaste woman. -Also \nwritten premium pudicitiae. Also termed praemium \npudoris. \npraemunire (pree-myoo-nI-ree), n. [Latin praemon\neri \"to be forewarned\"] Hist. The criminal offense of \nobeying an authority other than the king . Praemu\nnire stems from the efforts ofEdward I (1272-1307) to \ncounter papal influence in England, and takes its name \nfrom the writ's initial words: praemunire facias (\"that \nyou cause to be forewarned\"). One type ofpraemunire \nwas to appeal to the pope rather than the monarch. \nAnother was to bring a suit in a temporal court instead \nof a royal court, in part because the monarch wanted \nall fines levied as punishment to go to the royal coffers, \nnot those ofthe church. \npraenomen (pree-noh-man), n. [Latin] Roman law. The \nfirst ofa person's three names, given to distinguish the \nperson from family members. \npraeposita negotiis vel rebus domesticis (pri-poz-a-ta Set over domestic affairs. -The phrase usu. referred to \na wife's status. \npraepositor (pri-poz-a-tar or -tor), n. [Law Latin \"super\nvisor, reeve\"] Hist. One who delegates duties (esp. of \na business's management) to another; one who places \n(another) in a position over others. \npraepositura (pri-poz-a-t[y]uur-a), n. [Latin \"manage\nment\" or \"supervisory office\"] Hist. 1. One to whom \nmanagement duties are delegated. 2. The area of \nresponsibility delegated to a person to manage, esp. a \nwife's authority to manage the household. \npraepositus (pree-poz-i'l-tas), n. [Latin] Hist. 1. An officer \nnext in authority to the alderman of a hundred. 2. A \nsteward or bailiffofan estate. \npraepositus negotiis (pri-poz-a-tas ni-goh-shee-is). \n[Latin] Hist. Put in charge ofanother's business. \npraepositus negotiis societatis (pri-poz-a-tas ni-goh\nshee-is sa-sI-a-tay-tis). [Latin] Hist. Put in charge of a \npartnership's business. \npraepositus villae (pree-poz-a-tas vil-ee). [Latin] Hist. \nA constable ofa town; a petty constable. \npraerogativa regis (pree-rog-a-tI-va ree-jis). [Law Latin \n\"of the Crown's prerogative\"] Hist. A declaration made \nat the time of Edward I (1272-1307) defining certain \nfeudal and political rights ofthe Crown, including the \nright to wardship ofan idiot's lands to protect the idiot's \nheirs from disinheritance or alienation. Also termed \nde praerogativa regiS (dee pree-rog-a-tI-va ree-jis). \n\"The king's right is distinctly stated in the document known \nas praerogativa Regis, which we believe to come from the \nearly years of Edward I. The same document seems to \nbe the oldest that gives us any clear information about a \nwardship of lunatics. The king is to provide that the lunatic \nand his family are properly maintained out of the income \nof his estate, and the residue is to be handed over to him \nupon his restoration to sanity, or, should he die without \nhaving recovered his wits, is to be administered by the \nordinary for the good of his soul; but the king is to take \nnothing to his own use.\" 1 Frederick Pollock & Frederic W. \nMaitland, The History of English Law Before the Time of \nEdward /481 (2d ed. 1898), \npraescriptio (pri-skrip-shee-oh), n. [Latin] Roman law. \n1. A preliminary portion of aformula that defines the \nscope of action. 2. A defensive plea in an action to \nrecover land by which the defendant asserts owner\nship based on continuous possession for a prescribed \ntime. -Also termed (in sense 2) praescriptio longi \ntemporis. Pi. praescriptiones (pri-skrip-shee-oh\nneez). \npraescriptio fori (pri-skrip-shee-oh for-I). [Latin] Roman \nlaw. An objection on the ground that the person object\ning is not subject to the court's jurisdiction. \npraescriptis verbis (pri-skrip-tis vi'lr-bis). [Latin \"in \nthe words before written\"] 1. Roman law. An action \non a bilateral agreement under which one party \nhad performed and required the other to perform \nin turn. 2. Roman law. The grounds given for the \nexistence of a contract that falls into the class later \ndescribed as innominate . Innominate contracts \nni-goh-shee-is vel ree-bds da-mes-ti-sis). [Latin] Hist. I were developed and recognized late in classical law. \n\npraeses 1294 \nSee innominate contract under CONTRACT. 3. Hist. (Of \na clause) restricted in scope by introductory words \nesp., in a pleading, words defining the issue. \npraeses (pree-seez), n. lLatin]1. Roman law. A governor \nof a province. 2. The president of a college or univer\nsity. \npraestare (pree-stair-ee), vb. [Latin] Roman law. 1. To \nperform an obligation. 2. To undertake liability. \npraestatio culpae levis (pri-stay-shee-oh k~l-pee lee-vis). \n[Law Latin] Hist. An obligation for the middle degree \nof diligence -that is, the diligence and care required \nby a person of ordinary prudence. This phrase was \na forerunner ofthe modern terms reasonable care and \nreasonable person. \npraesumitur pro negante (pri-zyoo-md-tdr proh ni-gan\ntee). [Latin] It is presumed for the negative. This is \nthe rule ofthe House ofLords when the votes are equal \non amotion. \npraesumptio (pri-zamp-shee-oh), n. [Latin] A presump\ntion. PL praesumptiones (pri-zamp-shee-oh-neez). \npraesumptio fortior (pri-zamp-shee-oh for-shee-Jr \nor -or). [Latin] A strong presumption (of fact); a pre\nsumption strong enough to shift the burden of proof \nto the opposing party. \npraesumptio hominis (pri -zamp-shee-oh hom-a-nis). \n[Latin] The presumption of an individual; that is, a \nnatural presumption unfettered by rules. \npraesumptio juris (pri-z~mp-shee-oh joor-is). [Latin] \nA presumption of law; that is, one in which the law \nassumes the existence of something until it is dis\nproved. See presumption oflaw and rebuttable pre\nsumption under PRESUMPTION. \npraesumptio Muciana (pri-z;lmp-shee-oh myoo\nshee-ay-n<3). [Latin] Roman law. 1he rebuttable pre\nsumption that in case of doubt a thing possessed \nby a married woman had been given to her by her \nhusband. The presumption was named after the \njurist Quintus Mucius. \npraeter dotem (pree-t<3r doh-t<3m or -tern). [Latin] Hist. \nOver and above the dowry. \npraeteritio (pree-t<3- or pret-d-rish-ee-oh), n. [Latin] \nRoman law. A testator's exclusion ofan heir by passing \nthe heir over. _ In Roman law, passing over sui heredes \nusu. invalidated the will. See SUI HEREDES. \npraeter legem. See EQUITY PRAETER LEGEM. \npraetor (pree-tdr), n. [Latin] Roman law. The magistrate \nresponsible for identifying and framing the legal issues \nin a case and for ordering a lay judge (judex) to hear \nevidence and decide the case in accordance with the \nformula. See FORMULA (l). \npraetorfideicommissarius (pree-tar fI-dee-I-kom-d\nsair-ee-as). A special praetor having jurisdiction over \ncases involving trusts. \npraetorian edict. See edictum praetoris under \nEDICTUM. praevaricatio (pri-var-a-kay-shee-oh), n. [Latin \"collu\nsion with an opponent\"] Roman law. An accuser's col\nluding with the defense in such a way that the accused \nwill be acquitted. _ An accuser might do this in various \nways, as by deemphasizing the most important charges, \nrefraining from calling the"}
{"text": "_ An accuser might do this in various \nways, as by deemphasizing the most important charges, \nrefraining from calling the most important witnesses, \nor refraining from exercising peremptory challenges \nagainst jurors who would tend to favor the accused. \nSee CALUMNIA. Cf. TERGIVERSATIO. \npraevaricator (pree-var-a-kay-t.u). See PREVARICA\nTOR. \npraevento termino (pri-ven-toh tar-ma-noh). (Law Latin \n\"by anticipating the term\"] Scots law. An action in the \nCourt of Session to prevent a delay in a suspension or \nan appeal. See SUSPENSION (6). \npratique (pra-teek or prat-ik). Maritime law. A license \nallowing a vessel to trade in a particular country or \nport after complying with quarantine requirements or \npresenting a clean bill ofhealth. \npraxis (prak-sis). [Greek \"doing; action\"] (1933) In \ncritical legal studies, practical action; the practice of \nliving the ethical life in conjunction and in coopera\ntion with others. \nprayer conference. See CHARGE CONFERENCE. \nprayer for relief. (18c) A request addressed to the court \nand appearing at the end of a pleading; esp., a request \nfor specific relief or damages. -Often shortened to \nprayer. -Also termed demand for relief; request for \nrelief See AD DAMNUM CLAUSE. [Cases: Federal Civil \nProcedure (::=>680; Pleading (::=>72.] \n'The prayer for relief. The plaintiff prays in his bill for the \nrelief to which he supposes himself entitled on the case \nmade out in the bill. This is called the special prayer. He \nthen prays for general relief, usually in these words: 'And \nthe plaintiff (oryour orator) prays for such further or other \nrelief as the nature of the case may require, and as may be \nagreeable to equity and good conscience.' Both prayers are \ngenerally inserted in the bill, the special prayer first, the \ngeneral following.\" Edwin E. Bryant, The Law of Pleading \nUnder the Codes ofCivil Procedure 69 (2d ed. 1899). \ngeneral prayer. (18c) A prayer for additional unspecified \nrelief, traditionally using language such as, \"Plaintiff \nadditionally prays for such other and further relief to \nwhich she may show herself to be justly entitled.\" \nThe general prayer typically follows a special prayer. \n[Cases: Federal Civil Procedure (::=>2585; Judgment \n(::=>252; Pleading (::=>72.] \nspecial prayer. (18c) A prayer for the particular relief \nto which a plaintiff claims to be entitled. [Cases: \nJudgment (::=>252; Pleading (::=>72.J \nprayer in aid. See AID PRAYER. \nprayer of process. (18c) A conclusion in a bill in equity \nrequesting the issuance ofa subpoena ifthe defendant \nfails to answer the bill. [Cases: EquityG':::> 139.] \nPRe. abbr. POSTAL RATE COMMISSION. \npreamble (pree-am-bal), n. (14c) 1. An introductory \nstatement in a constitution, statute, or other document \nexplaining the document's basis and objective; esp., a \n\n1295 \nstatutory recital of the inconveniences for which the \nstatute is designed to provide a remedy . A preamble \noften consists of a series of clauses introduced by the \nconjunction whereas. Such a preamble is sometimes \ncalled the whereas clauses. [Cases: Statutes C;;>21O.j \n\"The preamble cannot control the enacting part of the \nstatute, in cases where the enacting part is expressed in \nclear, unambiguous terms; but in case any doubt arises \non the enacting part, the preamble may be resorted to to \nexplain it, and show the intention of the law maker.\" Den \nv. Urison, 2 N.Jl. 212 (1807). \n2. Patents. The first words of a patent claim, often a \nsingle phrase indicating the field ofart.  The preamble \nis typically nonlimiting unless it \"breathes life and \nmeaning into the claims.\" Corning Glass Works v. \nSumitomo Elec. U.S.A., Inc., 868 F.2d 1251, 1257 (Fed. \nCir. 1989). Elements, the later parts ofthe claim, narrow \nthis broad identification more and more specifically. Cf. \nBODY OF A CLAIM; TRANSITION PHRASE. [Cases: Patents \n\\.~:)165(4).) -preambulary (pree-am-bY;:l-ler-ee), pre\nambular (pree-am-bY;:l-I;:lr), adj. \npreappointed evidence. See EVIDENCE. \npreargument-conference attorney. See CIRCUIT \nMEDIATOR. \npreaudience. English law. The right ofa senior barrister \nto be heard in court before other barristers. \nprebankruptcy, adj. Occurring before the filing of a \nbankruptcy petition <prebankruptcy transactions>. \nprebend (preb-;md), n. 1. A stipend granted in a cathedral \nchurch for the support ofthe members ofthe chapter. 2. \nThe property from which the stipend comes. \nprebendary (preb-;:ln-der-ee). A person serving on the \nstaff of a cathedral who receives a stipend from the \ncathedral's endowment. \nprebut (pree-b<lt), vb. Slang. To rebut an argument in \nadvance ofan opponent's making it.; to engage in antic\nipatory refutation. \nprecariae (pri-kair-ee-ee). [Law Latin \"favors\"] Hist. Day \nlabor that tenants ofcertain manors were bound to give \ntheir lords at harvest time. Also termed preces. \nprecarious, adj. (l7c) Dependent on the will or pleasure \nofanother; uncertain. \nprecarious loan. See tOANo \nprecarious possession. See POSSESSION. \nprecarious right. See RIGHT. \nprecarious trade. See TRADE. \nprecarium (pri-kair-ee-;:Jm), n. [Latin]!. Roman law. The \ngratuitous grant of the enjoyment of property, revo\ncable at will. 2. The property so granted. 3. Rist. An \nestate or tenure arising from a precarious grant, and \nusu. characterized by uncertainty or arduous condi\ntions of tenure. \nprecatory (prek-;:l-tor-ee), adj. (17c) (Of words) request\ning, recommending, or expressing a desire for action, \nbut usu. in a nonbinding way . An example of precaprecedent \ntory language is \"it is my wish and desire to ....\" [Cases: \nTrusts (;::::>29; Wills (;=.:)467.) \nprecatory trust. See TRUST. \nprecautionary appeal. See protective appeal under \nAPPEAL. \nprecedence (pres-;:l-d;:lnts or pr;:J-seed-;:mts), n. (16c) 1. \nThe order or priority in place or time observed by or for \npersons ofdifferent statuses (such as political dignitar\nies) on the basis of rank during ceremonial events. 2. \nGenerally, the act or state ofgoing before something else \naccording to some system of priorities. 3. Parliamen\ntary law. The ranked priority that determines whether a \nmotion is in order while another motion is pending, or \nwhether a pending motion yields to another motion. \n\"There is a principle that determines the precedence of \nmotions. The closer a motion is to final disposition of the \nmatter under consideration, the lower it is in the order of \nprecedence. The further removed the motion is from final \ndisposition of the matter, the higher it is in the order of \nprecedence.\" National Conference of State Legislatures, \nMason's Manual ofLegislative Procedure 6 (2000). \n4. Parliamentary law. The priority in which a member \nis entitled to the floor. -Also termed precedence in \nrecognition; preference in being recognized. 5. The order \nin which persons may claim the right to administer an \nintestate's estate . The traditional order is (1) surviv\ning spouse, (2) next ofkin, (3) creditors, and (4) public \nadministrator. [Cases: Executors and Administrators \nprecedent (pr;:l-seed-<lnt also pres-;:l-d;:lnt), adj. (14c) Pre\nceding in time or order <condition precedent>. \nprecedent (pres-;:J-d;:Jnt), n. (16c) 1. 'The making oflaw \nby a court in recognizing and applying new rules \nwhile administering justice. [Cases: Courts (':::J87.) 2. \nA decided case that furnishes a basis for determining \nlater cases involving similar facts or issues. See STARE \nDECISIS. [Cases: Courts C:::J88.J precedential, adj. \n\"In law a precedent is an adjudged case or decision of a \ncourt ofjustice, considered as furnishing a rule or author \nity for the determination of an identical or similar case \nafterwards arising, or of a similar question of law. The \nonly theory on which it is possible for one decision to be \nan authority for another is that the facts are alike, or, if \nthe facts are different, that the prinCiple which governed \nthe first case is applicable to the variant facts.\" William \nM. Ule et aI., Brief Making and the Use of Law Books 288 \n(3d ed. 1914). \n\"A precedent ... is a judicial decision which contains in \nitself a principle. The underlying principle which thus \nforms its authoritative element is often termed the ratio \ndecidendi. The concrete deCision is binding between the \nparties to it, but it is the abstract ratio decidendi which \nalone has the force of law as regards the world at large.\" \nJohn Salmond, Jurisprudence 191 (Glanville L. Williams ed., \n10th ed. 1947). \n\"One may say, roughly, that a case becomes a precedent \nonly for such a general rule as is necessary to the actual \ndeCision reached, when shorn of unessential circum\nstances.\" 1 James Parker Hall, Introduction, American Law \nand Procedure xlviii (1952). \n\"One may often accord respect to a precedent not by \nembracing it with a frozen logic but by drawing from its \nthought the elements of a new pattern of decision.\" Lon L \nFuller, Anatomy of the Law 151 (1968). \n\n1296 prece partium \nbinding precedent. (I7c) A precedent that a court must \nfollow . For example, a lower court is bound by an \napplicable holding of a higher court in the same \njurisdiction. -Also termed authoritative precedent; \nbinding authority. Cf. imperative authority under \nAUTHORITY (4). [Cases: CourtsC--:::>88, 107.) \ndeclaratory precedent. (1900) A precedent that is \nmerely the application of an already existing legal \nrule. \noriginal precedent. (17c) A precedent that creates and \napplies a new legal rule. \npersuasive precedent. (1905) A precedent that is not \nbinding on a court, but that is entitled to respect and \ncareful consideration . For example, ifthe case was \ndecided in a neighboring jurisdiction, the court might \nevaluate the earlier court's reasoning without being \nbound to decide the same way. [Cases: Courts (;:::> \n88.] \nprecedent sub silentio (s;:lb s;:l-len-shee-oh). (1825) A \nlegal question that was neither argued nor explicitly \ndiscussed in a judicial decision but that seems to have \nbeen silently ruled on and might therefore be treated \nas a precedent. \nsuperprecedent. 1. A precedent that defines the law and \nits requirements so effectively that it prevents diver\ngent holdings in later legal decisions on similar facts \nor induces disputants to settle their claims without \nlitigation . This sense was posited by W. Landes and \nRichard Posner in Legal Precedent: A Theoretical and \nEmpirical Analysis, 191. Law & Econ. 249, 251 (1976). \n2. A precedent that has become so established in the \nlaw by a long line of reaffirmations that it is very dif\nficult to overturn it; specif., a precedent that has been \nreaffirmed many times and whose rationale has been \nextended to cover cases in which the facts are dissimi\nlar, even wholly unrelated, to those ofthe precedent. \n For example, Roe v. Wade has been called a super\nprecedent because it has survived more than three \ndozen attempts to overturn it and has been relied on \nin decisions protecting gay rights and the right to die. \nCf. super stare decisis under STARE DECISIS. \n3. DOCTRINE OF PRECEDENT. 4. A form of pleading or \nproperty-conveyancing instrument.  Precedents are \noften compiled in book form and used by lawyers as \nguides for preparing similar documents. \n\"Collections of Precedents have existed from very early \ntimes. In this connection precedents must not be confused \nwith judicial precedents or case law. We refer here simply \nto common-form instruments compiled for use in practice, \nwhereby the lawyer can be more or less certain that he \nis using the correct phraseology for the particular case \nbefore him. They were used both in conveyancing and liti \ngation.... It is interesting to note that these precedents \nwere apparently among the first legal works to be pub \nlished after printing was introduced. Collections of convey \nancing precedents continued to be brought up to date or \nnew volumes issued ....\" A.K.R. Kiralfy, Potter's Outlines \nofEnglish Legal History 42-43 (5th ed. 1958). \nprecepartium (pree-see pahr-sbee-3m). [Law Latin) On \nthe prayer ofthe parties. precept (pree-sept). (14c) 1. A standard or rule ofconduct; \na command or principle <several legal precepts govern \nhere>. [Cases: Courts (;:::>87-100.J 2. A writ or warrant \nissued by an authorized person demanding another's \naction, such as a judge's order to an officer to bring a \nparty before the court <the sheriff executed the precept \nimmediately>. \npreceptive statute. See STATUTE."}
{"text": "party before the court <the sheriff executed the precept \nimmediately>. \npreceptive statute. See STATUTE. \npreceptum amissionis superioritatis (pri-sep-tdm \nd-mis[h)-ee-oh-nis suu-peer-ee-or-d-tay-tis). [Law \nLatin \"a precept of a lost superiority\"] Hist. A precept \nto force a superior to give a vassal's disponee entry to \nthe land. \npreces (pree-seez), n. [Latin \"prayers\"] Roman law. A \npetition, esp. one addressed to the emperor by a private \nperson. Cf. RESCRIPT (3). \npreces primariae (pree-seez prr-mair-ee-ee). [Latin) \nHist. The right of the sovereign to appoint a person \nto fill a vacant prebendary office after the sovereign's \naccession . \"Ibis right was exercised during the reign \nof Edward I. Also termed primae preces. See PREB\nENDARY. \nprecinct. A geographical unit ofgovernment, such as an \nelection district, a police district, or a judicial district. \n[Cases: Municipal Corporations (;:::>40.) \nmagisterial precinct. (1894) A county subdivision that \ndefines the territorial jurisdiction of a magistrate, \nconstable, or justice ofthe peace. Also termed mag\nisterial district. [Cases: Justices of the Peace \"JS2.J \nprecipe (pre-s;:l-pee). See PRAECIPE. \nprecis (pray-see or pray-see), n. [French) (18c) A concise \nsummary of a text's essential points; an abstract. PI. \nprecis (pray-seez or pray-seez). \nprecludi non debet (pri-kloo-dI non dee-bet or deb-et). \n[Latin \"he ought not to be barred\"] Hist. The beginning \nofa plaintiff's reply to a plea in bar in which the plaintiff \nobjects to being barred from maintaining the action. \nSometimes shortened to precludi non. \npreclusion order. See ORDER (2). \nprecognition (pree-kog-nish-;:ln). Scots law. 1. A pre\nliminary examination under oath of persons believed \nto have knowledge about the facts of a case, esp., in a \ncriminal case, to determine whether there is sufficient \nevidence for a trial. 2. The written record of the state\nment that a prospective witness can as evidence. \nprecompounded prescription drug. See DRUG. \npreconceived malice. See MALICE AFORETHOUGHT. \nprecondition. See CONDITION (1). \nprecontract. See CONTRACT. \npredate, vb. See ANTEDATE. \npredation. See PREDATORY PRICING. \npredator. See SEXUAL PREDATOR. \npredatory crime. See CRIME. \npredatory intent. See INTENT (1). \n\n1297 preemptive right \npredatory pricing. Unlawful below-cost pricing intended \nto eliminate specific competitors and reduce overall \ncompetition; pricing below an appropriate measure of \ncost for the purpose of eliminating competitors in the \nshort run and reducing competition in the long run. \nAlso termed predation. See ANTITRUST. [Cases: Anti\ntrust and Trade Regulation (::;>832.] \n\"In its most orthodox form, 'predatory pricing' refers to a \npractice of driving rivals out of business by selling at a price \nbelow cost. The predator's intent and the only intent that \ncan make predatory pricing rational, profitmaximizing \nbehavior is to charge monopoly prices after rivals \nhave been dispatched or disciplined. Predatory pricing is \nanalyzed under the antitrust laws as illegal monopolization \nor attempt to monopolize under  2 of the Sherman Act, or \nsometimes as a violation of the Clayton Act  2, generally \ncalled the Robinson- Patman Act.\" Herbert Hovenkamp, \nFederal Antitrust Policy 335 (2d ed. 1999). \npredecease, vb. To die before (another) <she predeceased \nher husband>. \npredecessor. 1. One who precedes another in an office \nor position. 2. An ancestor. \npredecisional, adj. Of, relating to, or occurring during \nthe time before a decision. \npredial (pree-dee-dl), adj. (I5c) Of, consisting of, relating \nto, or attached to land <predial servitude>. -Also \nspelled praedial. \npredial servitude. See servitude appurtenant under SER\nVITUDE (2). \npredial tithe. See TITHE. \npredicate act. (1977) 1. See predicate offense under \nOFFENSE (1). 2. See lesser included offense under \nOFFENSE (1). 3. Under RICO, one of two or more related \nacts ofracketeering necessary to establish a pattern. See \nRACKETEER INFLUENCED AND CORRUPT ORGANIZA\nTIONS ACT. 4. See predicate act under ACT (2). [Cases: \nRacketeer Influenced and Corrupt Organizations \n5,103.] \npredicate fact. See FACT. \npredicate offense. See lesser included offense under \nOFFENSE (1). \nprediction theory. 1. See BAD-MAN THEORY. 2. See PRE\nDICTIVE THEORY OF LAW. \npredictive theory oflaw. (1956) The view that the law \nis nothing more than a set of predictions about what \nthe courts will decide in given circumstances. -This \ntheory is embodied in Holmes's famous pronounce\nment, \"The prophecies of what the courts will do in \nfact, and nothing more pretentious, are what I mean by \nthe law.\" Oliver Wendell Holmes, The Path ofthe Law, \n10 Harv. L. Rev. 457, 460-61 (1897). Also termed \nprediction theory. Cf. BAD-MAN THEORY. \npredisposition. (17c) A person's inclination to engage in \na particular activity; esp., an inclination that vitiates \na criminal defendant's claim of entrapment. [Cases: \nCriminal LawC=>37(4).] \npredominant-aspect test. See PREDOMINANT-PURPOSE \nTEST. predominant-purpose test. An assessment ofwhether \nArticle 2 ofthe UCC applies to an exchange, conducted \nby considering whether the exchange's chief aspect, \nviewed in light of all the circumstances, is the sale of \ngoods. -Ifgoods account for most of the exchange's \nvalue, it is probably a sale; if services account for most \nof the value, it probably is not. The leading case is Bone\nbrake v. Cox, 499 F.2d 951, 960 (Sth Or. 1974). -Also \ntermed predominant-aspect test. [Cases: Sales \npreemption (pree-emp-shan), n. (lSc) 1. The right to buy \nbefore others. See RIGHT OF PREEMPTION. [Cases: Con\ntracts (;=16.5; Sales (;='24; Vendor and Purchaser C=> \n18(.5).]2. The purchase of something under this right. \n3. An earlier seizure or appropriation. 4. The occupa\ntion of public land so as to establish a preemptive title. \n[Cases: Public Lands 5. Constitutional law. The \nprinciple (derived from the Supremacy Clause) that a \nfederal law can supersede or supplant any inconsis\ntent state law or regulation. -Also termed (in sense \n5) federal preemption. See COMPLETE-PREEMPTION \nDOCTRINE. [Cases: States C;:. 18.3.] preempt, vb. \npreemptive, adj. \nconflict preemption. See obstacle preemption. \nGarmon preemption. Labor law. A doctrine prohib\niting state and local regulation of activities that are \nactually or arguably (1) protected by the National \nLabor Relations Act's rules relating to the right of \nemployees to organize and bargain collectively, or (2) \nprohibited by the National Labor Relations Act's pro\nvision that governs unfair labor practices. San Diego \nBldg. Trades Council v. Garmon, 359 U.S. 236, 79 S.Ct. \n773 (1959). Also termed Garmon doctrine. See \nCOLLECTIVE BARGAINING; UNFAIR LABOR PRACTICE. \n[Cases: Labor and Employment C-~968, 1670; States \n(>18,46.] \nMachinists preemption. Labor law. The doctrine pro\nhibiting state regulation of an area oflabor activity \nor management-union relations that Congress has \nintentionally left unregulated. Lodge 76, Int'l Ass'n \nofIHachinists v. Wisconsin Employment Relations \nComm'n, 427 U.S. 132,96 S.Ct. 2548 (1976). [Cases: \nLabor and Employment (,.'-=968.] \nobstacle preemption. The principle that federal or \nstate law can supersede or supplant state or local law \nthat stands as an obstacle to accomplishing the full \npurposes and objectives of the overriding federal or \nstate law. -Also termed conflict preemption. [Cases: \nStates C=> 185.] \npreemption claimant. (lS24) One who has settled on \nland subject to preemption, intending in good faith to \nacquire title to it. \npreemption right. (lSc) The privilege to take priority \nover others in claiming land subject to preemption . \nThe privilege arises from the holder's actual settlement \nof the land. See PREEMPTION (3). \npreemptive right. A shareholder's privilege to purchase \nnewly issued stock -before the shares are offered \nto the public -in an amount proportionate to the \n\n1298 preexisting condition \nshareholder's current holdings in order to prevent \ndilution ofthe shareholder's ownership interest -This \nright must be exercised within a fixed period, usu. 30 to \n60 days. -Also termed subscription privilege. See SUB\nSCRIPTION RIGHT. Cf. rights offering under OFFERING. \n[Cases: Corporations 0158.] \npreexisting condition. See CONDITION (2). \npreexisting duty. See DUTY (1). \npreexisting-duty rule. (1990) Contracts. The rule that if \na party does or promises to do what the party is already \nlegally obligated to do or refrains or promises to \nrefrain from doing what the party is already legally \nobligated to refrain from doing the party has not \nincurred detriment. -This rule's result is that the \npromise does not constitute adequate consideration for \ncontractual purposes. For example, if a builder agrees \nto construct a building for a specified price but later \nthreatens to walk off the job unless the owner promises \nto pay an additional sum, the owner's new promise is \nnot enforceable because, under the preexisting-duty \nrule, there is no consideration for that promise. Also \ntermed preexisting-Legal-duty rule. [Cases: Contracts \n075.] \nprefect (pree-fekt), n. 1. A high official or magistrate \nput in charge of a particular command, department, \nor region. 2. In New Mexico, a probate judge. \nprefect of the city. See PRAEFECTUS URBI. \nprefer, vb. (l4c) 1. To put forward or present for con\nsideration; esp. (of a grand jury), to bring (a charge or \nindictment) against a criminal suspect <the defen\ndant claimed he was innocent ofthe charges preferred \nagainst him>. 2. To give priority to, such as to one \ncreditor over another <the statute prefers creditors who \nare first to file their claims>. \npreference. 1. The act of favoring one person or thing \nover another; the person or thing so favored. 2. Priority \nof payment given to one or more creditors by a debtor; \na creditor's right to receive such priority. 3. Bankruptcy. \nPREFERENTIAL TRANSFER. \ninsider preference. A transfer of property by a bank\nruptcy debtor to an insider more than 90 days before \nbut within one year after the filing ofthe bankruptcy \npetition. [Cases: Bankruptcy 02608(2).] \nliquidation preference. A preferred shareholder's right, \nonce the corporation is liquidated, to receive a speci\nfied distribution before common shareholders receive \nanything. [Cases: Corporations 0629.] \nvoidable preference. See PREFERENTIAL TRANSFER. \npreference case. See preferred cause under CAUSE (3). \npreference cause. See preferred cause under CAUSE (3). \npreference in being recognized. See PRECEDENCE (4). \npreference shares. See preferred stock under STOCK. \npreferential assignment. See PREFERENTIAL TRANSFER. \npreferential ballot. See preferential vote under VOTE \n(1). preferential debt. See DEBT. \npreferential nonunion shop. See SHOP. \npreferential rule. (1959) Evidence. A rule that prefers \none kind of evidence to another. _ It may work pro\nviSionally, as when a tribunal refuses to consider one \nkind ofevidence until another kind (presumably better) \nis shown to be unavailable, or it may work absolutely, \nas when the tribunal refuses to consider anything but \nthe better kind ofevidence. [Cases: Criminal Law 0 \n398.] \n\"There are only three or four ... sets of [preferential] rules. \nThere is a rule preferring the production of the original ofa \ndocument, in preference to a copy. There is a rule requiring \nthe attesting witness to a will to be summoned to evidence \nits execution. And there is a rule preferring the magis\ntrate's official report of testimony taken before him. Then \nthere are a few miscellaneous rules, such as the offiCially \ncertified enrollment of a statute, etc.\" John H. Wigmore, A \nStudents' Texrbook of the Law of Evidence 219 (1935). \npreferential shop. See preferential union shop under \nSHOP. \npreferential tariff. See TARIFF (2). \npreferential transfer. Bankruptcy. A prebankruptcy \ntransfer made by an insolvent debtor to or for the \nbenefit of a creditor, thereby allowing the creditor \nto receive more than its proportionate share of the \ndebtor's assets; specif., an insolvent"}
{"text": "allowing the creditor \nto receive more than its proportionate share of the \ndebtor's assets; specif., an insolvent debtor's transfer \nof a property interest for the benefit of a creditor who \nis owed on an earlier debt, when the transfer occurs no \nmore than 90 days before the date when the bankruptcy \npetition is filed or (if the creditor is an insider) within \none year of the filing, so that the creditor receives more \nthan it would otherwise receive through the distribu\ntion of the bankruptcy estate. -Under the circum\nstances described in 11 USCA  547, the bankruptcy \ntrustee may recover for the estate's benefit - a pref\nerential transfer from the transferee. Also termed \npreference; voidable preference; voidable transfer; pref \nerential aSSignment. Cf. FRAUDULENT CONVEYANCE (2). \n[Cases: BankruptcyG---::>260l-2623.) \npreferential union shop. See SHOP. \npreferential vote. See VOTE (1). \npreferential voting. See VOTING. \npreferred, adj. Possessing or accorded a priority or privi\nlege <a preferred claim>. \npreferred cause. See CAUSE (3). \npreferred creditor. See CREDITOR. \npreferred dividend. See DIVIDEND. \npreferred docket. See DOCKET (2). \npreferred-provider organization. (1984) A group of \nhealthcare providers (such as doctors, hospitals, and \npharmacies) that agree to provide medical services at \na discounted cost to covered persons in a given geo\ngraphic area. -Abbr. PPO. Cf. HEALTH-MAINTENANCE \nORGANIZATION; MANAGED-CARE ORGANIZATION. \n[Cases: Health Insurance 2501.] \npreferred stock. See STOCK. \n\n1299 \npreferring of charges. A1ilitary law. The formal com\npletion of a charge sheet, which includes signing and \nswearing to the charges and specifications. -Only a \nperson subject to the Uniform Code of Military Justice \ncan prefer charges. Cf. INITIATION OF CHARGES. [Cases: \nMilitary Justice ~-:;;951.1 \nprefiled bill. See BILL (3). \nPregnancy-Discrimination Act. A federal statute that \nprohibits workplace discrimination against a pregnant \nwoman or against a woman affected by childbirth or \na related medical condition. 42 USCA  2000. _ The \nPregnancy- Discrimination Act is part of Title VII of \nthe Civil Rights Act of 1964. Abbr. PDA. [Cases: \nCivil Rights (;:) 1176.] \npregnant chad. See dimpled chad under CHAD. \nprehearing conference. (1946) An optional conference \nfor the discussion of procedural and substantive matters \non appeal, usu. held in complex civil, criminal, tax, and \nagency cases. -Those attending are typically the attor\nneys involved in the case as well as a court represen\ntative such as a judge, staff attorney, or deputy clerk. \nFed. R. App. P. 33. lCases: Appeal and Error {~808; \nCriminal Law 0=>632(5); Federal Courts \n\"The prehearing conference, if held, generally is scheduled \nafter the time for appeal and cross-appeal has passed, and \nas soon as it becomes apparent that the case is complex \ndue to the legal issues, the length of the record, or the \nnumber of parties. In a complex or multiparty case, the \nconference provides a forum in which to discuss briefing \nresponsibilities, timing, and handling the record and joint \nappendix. There may be some discussion ofthe amount of \noral argument the parties desire and how that argument i \nwill be divided ... .\" Michael E. Tigar, Federal Appeals: i \nJurisdiction and Practice  8.06, at 309-10 (2d ed. 1993). \nprehire agreement. An employment contract between a \nunion and an employer, in which the employer agrees to \nhire union members. See closed shop under SHOP. \nprejudgment attachment. See ATTACHMENT (1). \nprejudgment interest. See INTEREST (3). \nprejudice, n. (14c) 1. Damage or detriment to one's legal \nrights or claims. See dismissal with prejudice and dis\nmissal without prejudice under DISMISSAL. \nlegal prejudice. (18c) A condition that, if shown by a \nparty, will usu. defeat the opposing party's action; \nesp., a condition that, ifshown by the defendant, will \ndefeat a plaintiff's motion to dismiss a case without \nprejudice. -The defendant may show that dismissal \nwill deprive the defendant of a substantive property \nright or preclude the defendant from raising a defense \nthat will be unavailable or endangered in a second \nsuit. [Cases: Federal Civil Procedure 0=> 1700; Pretrial \nProcedure (-.. 510.] \nundue prejudice. (17c) The harm resulting from a fact\ntrier's being exposed to evidence that is persuasive \nbut inadmissible (such as evidence of prior criminal \nconduct) or that so arouses the emotions that calm \nand logical reasoning is abandoned. preliminary statement \n2. A preconceived judgment formed with little or no \nfactual basis; a strong bias. [Cases: Judges 0=>49.] \nprejudice, vb. -prejudicial, adj. \nprejudicial error. See reversible error under ERROR (2). \nprejudicial publicity. (1935) Extensive media atten\ntion devoted to an upcoming civil or criminal trial. _ \nUnder the Due Process Clause, extensive coverage ofa \ncriminal trial may deprive the defendant ofa fair triaL \n[Cases: Criminal Law C~:)633(1); Federal Civil Proce\ndure 0=> 1951; Trial \npreliminary, adj. Coming before and usu. leading up \nto the main part of something <preliminary negotia\ntions>. \npreliminary amendment. See PATENT-APPLICATION \nAMENDMENT. \npreliminary availability search. Trademarks. A cursory \nor moderate search ofregistered trademarks and com\nmon-law uses of proposed-trademark names or phrases, \ndone to narrow the list of names phrases before con\nducting a thorough search. \npreliminary complaint. See COMPLAINT. \npreliminary crime. See inchoate offense under OFFENSE \n(1). \npreliminary evidence. See EVIDENCE. \npreliminary examination. 1. See EXAMINATION (3). 2. \nSee PRELIMINARY HEARING. \npreliminary hearing. A criminal hearing (usu. con\nducted by a magistrate) to determine whether there is \nsufficient evidence to prosecute an accused person. \nIf sufficient evidence exists, the case will be set for trial \nor bound over for grand-jury review, or an information \nwill be filed in the trial court. -Also termed prelimi\nnary examination; probable-cause hearing; bindover \nhearing; examining trial. Cf. ARRAIGNMENT. [Cases: \nCriminal LawC=)222-238.] \npreliminary injunction. See INJUNCTION. \npreliminary inquiry. Military law. The initial investiga\ntion of a reported or suspected violation of the Uniform \nCode of Military Justice. Cf. PRETRIAL INVESTIGA\nTION. \npreliminary-inquiry officer. See OFFICER (2). \npreliminary letter. See INVITATION TO NEGOTIATE. \npreliminary objection. Int'llaw. In a case before an \ninternational tribunal, an objection that, if upheld, \nwould render further proceedings before the tribunal \nimpossible or unnecessary. _ An objection to the court's \njurisdiction is an example of a preliminary objection. \npreliminary proof. See PROOF. \npreliminary prospectus. See PROSPECTUS. \npreliminary protective hearing. See shelter hearing \nunder HEARING. \npreliminary statement. (1834) The introductory part \nofa brief or memorandum in support of a motion, in \nwhich the advocate summarizes the essence of what \nfollows. -In at least two jurisdictions, New York and \n\n1300 preliminary warrant \nNew Jersey, the preliminary statement is a standard \npart ofcourt papers. In many other jurisdictions, advo\ncates do not routinely include it. But preliminary state\nments are typically allowed, even welcomed, though \nnot required. Also termed summary ofargument. \npreliminary warrant. See WARRANT (1). \npremarital, adj. Of, relating to, or occurring before \nmarriage. Cf. POSTMARITAL. \npremarital agreement. See PRENUPTIAL AGREEMENT. \npremarital asset. See ASSET. \nprematurity. 1. The circumstance existing when the facts \nunderlying a plaintiff's complaint do not yet create a live \nclaim. Cf. RIPENESS. [Cases: Action (;::::>6,62; Federal \nCourts 12.1.] 2. The affirmative defense based on \nthis circumstance. \npremeditated, adj. (16c) Done with willful deliberation \nand planning; consciously considered beforehand <a \npremeditated killing>. [Cases: Homicide Sen\ntencing and Punishment (;::::> 1676.] \npremeditated malice. See MALICE AFORETHOUGHT. \npremeditation, n. (l5c) Conscious consideration and \nplanning that precedes some act (such as committing a \ncrime). [Cases: Homicide (;:::535; Sentencing and Pun\nishment (;::::> 1676.] premeditate, vb. \npremier serjeant. See SERJEANT-AT-LAW. \npremise (prem-is), n. (l4c) A previous statement or con\ntention from which a conclusion is deduced. Also \nspelled (in BrE) premiss. -premise (prem-is or pri\nmlZ), vb. \npremises (prem-<l-siz). (lSc) 1. Matters (usu. prelimi\nnary facts or statements) previously referred to in the \nsame instrument <wherefore, premises considered, the \nplaintiff prays for the following relief>. 2. The part of \na deed that describes the land being conveyed, as well \nas naming the parties and identifying relevant facts \nor explaining the reasons for the deed. 3. A house \nor building, along with its grounds <smoking is not \nallowed on these premises>. \n\"Premises (~ a house or building) has a curious history in \nlegal usage. Originally. in the sense of things mentioned \npreviously. it denoted the part of a deed that sets forth the \nnames of the grantor and grantee, as well as the things \ngranted and the consideration. Then. through hypal\nlage in the early 18th century, it was extended to refer \nto the subject of a conveyance or bequest as specified \nin the premises of the deed. Finally. it was extended to \nrefer to a house or building along with its grounds. In \nshort, someone who says, \"No alcohol is allowed on these \npremises.\" is engaging unconsciously in a popularized legal \ntechnicality: Bryan A. Garner, A Dictionary ofModern Legal \nUsage 685 (2d ed. 1995). \ndemised premises. Leased property. -Also termed \npremises demised. \npremises liability. (1950) A landowner's or landholder's \ntort liability for conditions or activities on the premises. \n[Cases: Negligence 1000,1001.] \npremises rnle. See PARKING-LOT RULE. premium, n. 1. The periodic payment required to keep \nan insurance policy in effect. -Also termed insurance \npremium. [Cases: Insurance (;::::>2000.] \nadvance premium. A payment made before the start \nof the period covered by the insurance policy. lCases: \nInsurance (;::::> 1760.] \nearned premium. The portion of an insurance \npremium applicable to the coverage period that has \nalready expired. _ For example, ifthe total premium \nfor a one-year insurance policy is $1,200, the earned \npremium after three months is $300. [Cases: Insur\nance (;::::>2000.] \ngross premium. 1. The net premium plus expenses (Le., \nthe loading), less the interest factor. See LOADING; \nINTEREST FACTOR. [Cases: Insurance 2005.] \n2. The premium for participating life insurance. See \nparticipating insurance under INSURANCE. \nnatural premium. Ihe actual cost oflife insurance \nbased solely on mortality rates. -This amount will \nbe less than a net premium. See net premium. \nnet level annual premium. A net premium that stays \nthe same each year. \nnet premium. 1. Generally, the premium amount for \nan insurance policy less agent commissions. [Cases: \nInsurance (;::::> 16S2. 2000.] 2. The portion of the \npremium that covers the estimated cost of claims. 3. \nThe money needed to provide benefits under an insur\nance policy. -The net premium in a life-insurance \npolicy is calculated by using an assumed interest and \nmortality-table rate; it does not include additional \nexpense amounts that will be charged to the policy\nholder. -Also termed net valuation premium. \nnet single premium. The money that must be col\nlected from a policyholder at one time to guarantee \nenough money to pay claims made on an insurance \npolicy. -This amount assumes that interest accrues \nat an expected rate and is based on a prediction of \nthe likelihood ofcertain claims. [Cases: Insurance \n(;::::>2037.] \nnet valuation premium. See net premium. \nunearned premium. The portion of an insurance \npremium applicable to the coverage period that has \nnot yet occurred. _ In the same example as above \nunder earned premium, the unearned premium after \nthree months is $900. [Cases: Insurance 1371, \n1930,2046.] \n2. A sum ofmoney paid in addition to a regular price, \nsalary, or other amount; a bonus. 3. The amount \nby which a security's market value exceeds its face \nvalue. -Also termed (sped.) bond premium. Cf. \nDISCOUNT (3). \ncontrol premium. A premium paid for shares carrying \nthe power to control a corporation. -The control \npremium is often computed by comparing the aggre\ngate value ofthe controlling block"}
{"text": "the power to control a corporation. -The control \npremium is often computed by comparing the aggre\ngate value ofthe controlling block of shares with the \ncost that would be incurred if the shares could be \n\n1301 \nacquired at the going market price per share. [Cases: \nCorporations 0174.] \n4. The amount paid to buy a securities option. -Also \ntermed (in sense 4) option premium. \npremium bond. See BOND (3). \npremium loan. See LOAN. \npremium note. See NOTE (1). \npremium on capital stock. See paid-in surplus under \nSURPLUS. \npremium pudoris. See PRAEMIUM PUDIClTIAE. \npremium rate. Insurance. The price per unit oflife insur\nance. It is usu. expressed as a cost per thousands of \ndollars of coverage. Life insurers use three factors \nthe interest factor, the mortality factor, and the risk \nfactor -to calculate premium rates. Sometimes \nshortened to rate. See INTEREST FACTOR; MORTALITY \nFACTOR; RISK FACTOR. [Cases: Insurance 1541\n1546.] \npremium stock. See STOCK. \npremium tax. See TAX. \nprenatal injury. Harm to a fetus or an embryo. Cf. BIRTH \nINJURY. \nprenatal tort. See TORT. \nprender. The right to take a thing before it is offered. \nAlso spelled prendre. \nprender de baron (pren-dar da bar-an). [Law French \n\"a taking of husband\"] Hist. A plea asserting that the \nformer wife of a murder victim should not be allowed to \nappeal a murder case against the alleged killer because \nshe has since remarried. \nprendre. See PRENDER. \nprenup, n. Slang. See PRENUPTIAL AGREEMENT. \nprenuptial (pree-nap-shal), adj. (1857) Made or occur\nring before marriage; premaritaL -Also termed ante\nnuptial (an-tee-nap-shal). Cf. POSTNUPTIAL. \nprenuptial agreement. (1882) An agreement made \nbefore marriage usu. to resolve issues ofsupport and \nproperty division if the marriage ends in divorce or \nby the death of a spouse. Also termed antenuptial \nagreement; antenuptial contract; premarital agreement; \npremarital contract; marriage settlement. -Sometimes \nshortened to prenup. Cf. POSTNUPTIAL AGREEMENT; \nCOHABITATION AGREEMENT. [Cases: Husband and Wife \n029,31.J \nprenuptial gift. See GIFT. \nprenuptial will. See WILL. \nprepaid card. See STORED-VALUE CARD. \nprepaid expense. See EXPENSE. \nprepaid income. See INCOME. \nprepaid interest. See INTEREST (3). \nprepaid legal services. (1963) An arrangement usu. \nserving as an employee benefit -that enables a person prerogative of mercy \nto make advance payments for future legal services. \n[Cases: Attorney and Client 0137.] \npreparation. Criminal law. The act or process of \ndevising the means necessary to commit a crime. Cf. \nATTEMPT. \nprepayment clause. (1935) A loan-document provision \nthat permits a borrower to satisfy a debt before its due \ndate. Although any interest not yet due is waived, the \nlender may impose a penalty for prepayment. [Cases: \nBills and Notes C~')129,429.] \nprepayment penalty. See PENALTY (2). \nprepense (pree-pens), ad). Rare. Planned; deliberate \n<malice prepense>. \nprepetition (pree-pa-tish-an), adj. (I938) Occurring \nbefore the filing of a petition (esp. in bankruptcy) \n<prepetition debts>. \npreponderance (pri-pon-d<'Jr-<'Jnts), n. (17c) Superiority \nin weight, importance, or influence. -preponderate \n(pri-pon-d<'Jf-ayt), vb. -preponderant (pri-pon-d<'Jr\n<'Jnt), adj. \npreponderance ofthe evidence. (I8c) The greater weight \nof the evidence, not necessarily established by the \ngreater number of witnesses testifying to a fact but by \nevidence that has the most convincing force; superior \nevidentiary weight that, though not sufficient to free the \nmind wholly from all reasonable doubt, is still sufficient \nto incline a fair and impartial mind to one side of the \nissue rather than the other . This is the burden of proof \nin most civil trials, in which the jury is instructed to \nfind for the party that, on the whole, has the stronger \nevidence, however slight the edge may be. -Also \ntermed preponderance ofproof; balance ofprobabil\nity. See REASONABLE DOUBT. Cf. clear and convincing \nevidence under EVIDENCE. [Cases: Evidence 0598.] \n\"Criminal convictions are so serious in their consequences \nthat it is felt that an accused person should be freed, if \nthere is any fair or reasonable doubt about his guilt, even \nthough there seems to be considerable likelihood that \nhe did commit the crime .... In civil cases, however, the \nconsequence of losing a case, although serious enough in \nmany cases, is not considered to be such as to require so \nstringent a rule. Accordingly the plaintiff is entitled to a \nverdict if he proves the case 'by the preponderance of the \nevidence.' In other words, he is entitled to a verdict even \nthough there may be a reasonable doubt as to the liability \nof the accused, if the jury is satisfied nevertheless that the \nplaintiff has proved his case.\" Charles Herman Kinnane, A \nFirst Book on AngloAmerican Law 562 (2d ed. 1952). \nprerogative (pri-rog-<'J-tiv), n. (15c) An exclusive right, \npower, privilege, or immunity, usu. acquired by virtue \nofoffice. prerogative, adj. \nprerogative ofmercy. The discretionary power of a \nsupreme authority, such as a state governor, national \npresident, or sovereign, to commute a death sentence, \nchange the method ofexecution, or issue a pardon. \nprerogative court. See COURT. \nprerogative ofmercy. The limited right of a chief execu\ntive to commute a death sentence or to pardon a con\nvicted person, esp. one convicted of a capital crime. \n\n1302 prerogative writ \nprerogative writ. See extraordinary writ under WRIT. \npres (pray). [Law French] Near. See CY PRES. \npresale. The sale ofreal property (such as condominium \nunits) before construction has begun. [Cases: Condo \nminium \nprescribable (pri-sknb-J-bJI), adj. (1890) (Of a right) \nthat can be acquired or extinguished by prescription. \nprescribe, vb. I. To dictate, ordain, or direct; to estab\nlish authoritatively (as a rule or guideline). 2. To claim \nownership through prescription. 3. To invalidate or \notherwise make unenforceable through prescription. \n4. To become invalid or otherwise unenforceable \nthrough prescription. [Cases: Holidays 1; Limita\ntion ofActions ~1.J \nprescript, adj. Having the nature of a rule or \ncommand. \nprescript, n. Archaic. A rule, law, command, or ordi\nnance; PRESCRIPTION (2). -A general term, prescript \nmay also apply to an edict, a regulation, or any instruc\ntive guideline. \nprescription, n. (15c) 1. The act ofestablishing authorita\ntive rules. Cf. PROSCRIPTION. 2. A rule so established. \nAlso termed (archaically) prescript. 3. The effect ofthe \nlapse oftime in creating and destroying rights. [Cases: \nLimitation ofActions ~1.]4. The extinction ofa title \nor right by failure to claim or exercise it over a long \nperiod. - Also termed negative prescription; extinctive \nprescription. 5. The acquisition of title to a thing (esp. \nan intangible thing such as the use of real property) \nby open and continuous possession over a statutory \nperiod. - Also termed positive prescription; acquisitive \nprescription. Cf. ADVERSE POSSESSIO~. See (for senses \n3-5) PERIOD OF PRESCRIPTION. [Cases: Adverse Posses\nsion C=1-95.)6. Int'llaw. The acquisition ofa territory \nthrough a continuous and undisputed exercise ofsov\nereignty over it. 7. Oil &gas. A Louisiana doctrine that \nextinguishes unused mineral servitudes after ten years \nifthere is no effort to discover or produce on the land \nor the land pooled with it. [Cases: Mines and Minerals \nC;:,78.2.] \nacquisitive prescription (J-kwiz-;:l-tiv). 1. PRESCRIP\nTION (5). 2. Civil law. A mode ofacquiring ownership \nor other legal rights through possession for a specified \nperiod of time. [Cases: Adverse Possession (,'-::> 1.) \nliberative prescription (lib-;:l-rJ-tiv). Civil law. A bar \nto a lawsuit resulting from its untimely filing. La. Civ. \nCode art. 3447. -This term is essentially the civil-law \nequivalent ofa statute oflimitations. See STATUTE OF \nLIMITATIONS. [Cases: Limitation ofActions \nprescription in a que estate (ah kee). [Law French \"pre\nscription in whose estate\"] A claim of prescription \nbased on the immemorial enjoyment of the right by \nthe claimant and the former owners whose estate the \nclaimant has succeeded to. \nprescription ofnonuse. Civil law. A mode ofextinction \nofa real right other than ownership (such as a servi\ntude) as a result of failure to exercise the right for a speCified period of time. [Cases: Adverse Possession \n~109;EasementsC=30.j \nprescriptive easement. See EASEMENT. \nprescriptive right. (17c) A right obtained by prescription \n<after a nuisance has been continuously in existence for \n20 years, a prescriptive right to continue it is acquired \nas an easement appurtenant to the land on which it \nexists>. [Cases: Nuisance ~1l-17.] \npresence, n. 1. The state or fact ofbeing in a particular \nplace and time <his presence at the scene saved two \nlives>. 2. Close physical proximity coupled with aware\nness <the agent was in the presence of the principal>. \nconstructive presence. 1. Criminal law. Legal imputa\ntion ofhaving been at a crime scene, based on having \nbeen close enough to the scene to have aided and \nabetted the crime's commission. See CONSPIRACY. \n[Cases: Criminal Law C=59(3).] 2. Wills & estates. \nLegal imputation ofa witness's having been in the \nroom when a will was signed, based on the fact that \nthe testator and the witness were able to see each \nother at the time of the signing. _ This principle was \ncommonly employed until the 20th century, when \nthe presence-of-the-testator rule became dominant. \nSee PRESENCE-OF-THE-TESTATOR RULE. [Cases: Wills \n~123(5).] \npresence-of-defendant rule. The principle that a felony \ndefendant is entitled to be present at every major stage \nofthe criminal proceeding. Fed. R. Crim. P. 43. [Cases: \nCriminal Law ~636.J \npresence ofthe court. (l8e) The company or proximity \nofthe judge or other courtroom official. -For purposes \nofcontempt, an action is in the presence ofthe court \nifit is committed within the view ofthe judge or other \nperson in court and is intended to disrupt the court's \nbusiness. \n\"Some deCisions indicate that the term 'in the presence of \nthe court' is to be given a liberal interpretation. that 'the \ncourt' consists not of the judge, the courtroom, the jury, \nor the jury room individually. but of all of these combined, \nand that the court is present wherever any of its constitu\nent parts is engaged in the prosecution of the business \nof the court according to law.\" 17 Am. Jur. 2d Contempt \n 19 (1990). \npresence-of-the-testator rule. The principle that a \ntestator must be aware (through Sight or other sense) \nthat the witnesses are signing the will. -Many juris\ndictions interpret this requirement liberally, and the \nUniform Probate Code has dispensed with it. [Cases: \nWills 117.1 \npresent, adj. (14c) 1. Now existing; at hand <a present \nright to the property>. 2. Being considered; now under \ndiscussion <the present appeal does not deal with that \nissue>. 3. In attendance; not elsewhere <all present \nvoted for him>. \npresent ability. See ABILITY. \npresent and voting. Parliamentary law. (Of a member) \ncasting a vote. -The result of a vote is ordinarily \ndetermined with reference to the members voting \n(often termed, somewhat redundantly, as \"present and \n\nvoting\"). An answer of\"present\" when casting a vote \namounts to an abstention because the voter is indicat\ning that he or she is present but not voting. See ABSTAIN \n(1). \npresentation. (I5c) 1. 1he delivery of a document to \nan issuer or named person for the purpose of initiat\ning action under a letter ofcredit; PRESENTMENT (3). \n[Cases: Banks and Banking 191.J 2. Hist. Eccles. \nlaw. A benefice patron's nomination of a person to fill \na vacant benefice . Ifthe bishop rejected the appointee, \nthe patron could enforce the right to fill the vacancy by \nwrit ofquare impedit in the Court ofCommon Pleas. \nSee QUARE IMPEDIT. Cf. ADVOWSON; INSTITUTION (5). \nnext presentation. Hist. Eccles. law. In the law of \nadvowsons, the right to present to the bishop a clerk \nto fill the first vacancy that arises in a church or other \necclesiastical office. \npresent case. See case at bar under CASE. \npresent conveyance. See CONVEYANCE. \npresent covenant. See COVENANT (4). \npresentence hearing. (1940) A proceeding at which a \njudge or jury receives and examines"}
{"text": "(4). \npresentence hearing. (1940) A proceeding at which a \njudge or jury receives and examines all relevant infor\nmation regarding a convicted criminal and the related \noffense before passing sentence. Also termed sen\ntencing hearing. [Cases: Sentencing and Punishment \n<>325.) \npresentence-investigation report. (1943) A probation \nofficer's detailed account of a convicted defendant's \neducational, criminal, family, and social background, \nconducted at the court's request as an aid in passing \nsentence. See Fed. R. Crim. P. 32(c). -Abbr. PSI; \nPIR. -Often shortened to presentence report. [Cases: \nSentencing and Punishment C=-.c275-30l.) \npresent enjoyment. See ENJOYMENT. \npresenter. Commercial law. Any person presenting a \ndocument (such as a draft) to an issuer for honor. VCC \n 5-102. \npresent estate. 1. ESTATE (1). 2. See present interest under \nINTEREST (2). \npresenting bank. See BANK. \npresenting jury. See GRAND JURY. \npresent interest. See INTEREST (2). \npresentment (pri-zent-m;:mt). (15c) 1. The act ofpresent\ning or laying before a court or other tribunal a formal \nstatement about a matter to be dealt with legally. 2. \nCriminal procedure. A formal written accusation \nreturned by a grand jury on its own initiative, without \na prosecutor's previous indictment request.  Present\nments are obsolete in the federal courts. [Cases; Grand \nJury <>42.] \n\"A grand jury has only two functions, either to indict or to \nreturn a 'no bill.' The Constitution speaks also of a 'present\nment,' but this is a term with a distinct historical meaning \nnow not well understood. Historically presentment was \nthe process by which a grand jury initiated an independent \ninvestigation and asked that a charge be drawn to cover \nthe facts should they constitute a crime. With United States \nattorneys now always available to advise grand juries, proceeding by presentment is an outmoded practice.\" 1 \nCharles Alan Wright, Federal Practice and Procedure  110, \nat 459 (3d ed. 1999). \n3. 'The formal production of a negotiable instrument \nfor acceptance or payment. -Also termed (in sense 3) \npresentation. [Cases; Bills and Notes <>385-407.] \n\"Presentment and dishonor occur, for instance, when the \nholder of a check attempts to cash it at the drawee bank, \nbut payment is refused because the drawer lacks sufficient \nfunds on deposit. The demand for payment is presentment. \nThe bank's refusal to pay is dishonor.\" 2 James J. White & \nRobert S. Summers, Uniform Commercial Code  16-8. at \n100 (4th ed. 1995). \npresentment for acceptance. (i8c) Production of an \ninstrument to the drawee, acceptor, or maker for \nacceptance. This type of presentment may be \nmade anytime before maturity, except that with bills \npayable at Sight, after demand, or after sight, present\nment must be made within a reasonable time. [Cases: \nBills and Notes <>388.J \npresentment for payment. (18c) Production of an \ninstrument to the drawee, acceptor, or maker for \npayment.  This type ofpresentment must be made \non the date when the instrument is due. [Cases: Bills \nand Notes C:::::o399.] \npresentment of Englishry. Hist. The offering of proof \nthat a slain person was English rather than (before the \nConquest) a Dane or (after the Conquest) a Norman. \n 1his requirement was issued first by the conquering \nDanes and then by the Normans to protect these groups \nfrom the English by the threat ofa village-or hundred\nwide amercement ifthe inhabitants failed to prove that \na dead person found among them was English. \npresentment warranty. See WARRANTY (2). \npresent recollection refreshed. (1908) Evidence. Awit\nness's memory that has been enhanced by shOWing the \nwitness a document that describes the relevant events. \n The document itself is merely a memory stimulus \nand is not admitted in evidence. Fed. R. Evid. 612. \nAlso termed refreshing recollection; refreshing memory; \npresent recollection revived. Cf. PAST RECOLLECTION \nRECORDED. [Cases: Witnesses <>253.] \npresents, n. pI. (14c) Archaic. 1he instrument under \nconsideration . This is usu. part ofthe phrase these \npresents, which is part of the longer phrase know all \nmen by these presents (itself a loan translation from the \nLatin noverint universi per praesentes). See KNOW ALL \nMEN BY THESE PRESENTS. \npresent sale. See SALE. \npresent sense impression. (1942) Evidence. One's percep\ntion ofan event or condition, formed during or imme\ndiately after the fact.  A statement containing a present \nsense impression is admissible even if it is hearsay. \nFed. R. Evid. 803(1). Cf. EXCITED UTTERANCE. [Cases: \nCriminal Law <>419(2.15); Evidence (...'-:> 120.] \npresent use. See USE (4). \npresent value. 1he sum ofmoney that, with compound \ninterest, would amount to a specified sum at a specified \n\npreservation order \t 1304 \nfuture date; future value discounted to its value today. \nAlso termed present worth. \nadjusted present value. An asset's value determined by \nadding together its present value and the value added \nby capital-structure effects. -Abbr. APV. \nnet present value. The present value of net cash flow \nfrom a project, discounted by the cost of capital.  \nThis value is used to evaluate the project's investment \npotential. Abbr. NPV. \npreservation order. A direction to a property owner \nto maintain a historic building or conserve a natural \nhabitat. \npreside, vb. (1Sc) 1. To occupy the place ofauthority, esp. \nas a judge during a hearing or trial <preside over the \nproceedings>. 2. To exercise management or control \n<preside over the estate>. \npresident, n. 1. The chief political executive ofa govern\nment; the head of state. [Cases: United States C=:;26.] \n2. The chief executive officer ofa corporation or other \norganization. 3. CHAIR (1). 4. CHAIR (3). See (in senses \n3 & 4) presiding officer (3) under OFFICER (2). -presi\ndential, adj. \nimmediate past president. The last president who held \noffice before the incumbent. See EMERITUS. \npresident-elect. An officer who automatically succeeds \nto the presidency when the incumbent president's \nterm expires . Ifthe organization's governing docu\nments so provide, the president-elect may act as presi\ndent in the incumbent president's absence, or may \nassume the presidency early if the incumbent does \nnot finish the term. \npresident emeritus. See EMERITUS. \npresidential elector. See ELECTOR (1). \nPresidential message. See MESSAGE. \npresident judge. See presiding judge under rUDGE. \npresident of a court-martial. AIilitary law. The senior \nmember in rank present at a court-martial trial. [Cases: \nMilitary Justice C=:;870.j \nPresident of the United States. The highest execu\ntive officer of the federal government of the United \nStates . The President is elected to a four-year term \nby a majority of the presidential electors chosen by \npopular vote from each of the states. The President \nmust be a natural citizen, must be at least 3S years old, \nand must have been a resident for 14 years within the \nUnited States. U.S. Const. art. II,  1. [Cases: United \nStates C=:;26.] \npresiding judge. See JUDGE. \npresiding juror. See JUROR. \npresiding officer. See OFFICER (2). \npress, n. I. The news media; print and broadcast news \norganizations collectively. [Cases: Constitutional Law \n~90(2).1 \n'The Constitution specifically selected the press, which \nincludes not only newspapers, books, and magazines, but \nalso humble leaflets and circulars, to play an important role in the discussion of public affairs.\" Mills v. Alabama, 384 \nU.S. 214,219,86 S.Ct. 1434, 1437 (1966). \n\"'Press' could refer to one or more subsets of media, \ndefined either by function or form. To the extent that \nexisting law defines 'the press' at all, it does so mostly \nin terms of specific media forms. The Supreme Court has \naddressed the matter only obliquely .... [lIt has never had \nto decide whether a particular litigant was 'press.' In most \ncases the question does not arise because the claimed \nright would be protected as fully by the Speech Clause as \nby the Press Clause. The cases in which the Court seems \nto rely on the Press Clause have involved newspapers or \nmagazines whose status as press was unquestioned. The \nCourt on other occasions has mentioned 'publishers and \nbroadcasters,' 'the media,' 'editorial judgment,' 'editorial \ncontrol,' 'journalistic discretion,' and 'newsgathering' as \npossible objects of protection. The most famous discus\nsion of the meaning of the Press Clause, a 1974 speech \nbyJustice Stewart, identified its beneficiaries as 'the daily \nnewspapers and other established media,' or 'newspapers, \ntelevision, and magazines.'\" David A. Anderson, Freedom \nof the Press, 80 Texas L. Rev. 429, 436 (2002). \n2. Rist. A piece of parchment, as one sewed together to \nmake up a roll or record of judicial proceedings. \nPress Clause. The First Amendment provision that \n\"Congress shall make no law ... abridging the \nfreedom ... of the press.\" U.S. Const. amend l. -Also \ntermed Freedom ofthe Press Clause. [Cases: Constitu\ntional LawC=:;2070-2081.] \nprest (prest). Rist. A duty to be paid by the sheriff upon \nhis account in the Exchequer or for money remaining \nin his custody. \nprestable (pres-ta-bal), adj. Scots law. 1. Payable. 2. \nEnforceable; exigible . This term appears generally in \nreference to a debt. Cf. EXIGIBLE. \nprestation \t (pre-stay-shan). Rist. 1. A payment (or \npresting) of money. 2. The rendering ofa service. \nprest money. Rist. A monetary payment made to a \nsoldier or sailor on enlistment. \npresume, vb. To assume beforehand; to suppose to be \ntrue in the absence of proof. \npresumed bias. See implied bias under BIAS. \npresumed crime. See constructive crime under CRIME. \npresumed fact. See FACT. \npresumed father. See FATHER. \npresumed-seller test. A method of imposing product \nliability on a manufacturer if the manufacturer, having \nfull knowledge of the product's dangerous propensi\nties, would be negligent in placing the product on the \nmarket. \npresumption. (ISc) A legal inference or assumption that \na fact exists, based on the known or proven existence \nof some other fact or group of facts. Most presump\ntions are rules ofevidence calling for a certain result \nin a given case unless the adversely affected party over\ncomes it with other evidence. A presumption shifts the \nburden of production or persuasion to the opposing \nparty, who can then attempt to overcome the presump\ntion. See BURDEN OF PRODUCTION. [Cases: Criminal \nLaw Evidence C=:;S3-89.] \n\n\"A presumption may be defined to be an inference as to \nthe existence of one fact from the existence of some other \nfact founded upon a previous experience of their connec\ntion.\" William P. Richardson, The Law of Evidence  53, at \n25 (3d ed. 1928). \nabsolute presumption. See conclusive presumption. \nadverse presumption. See adverse inference under \nINFERENCE. \nartificial presumption. See presumption oflaw. \nconclusive presumption. (I8c) A presumption that \ncannot be overcome by any additional evidence or \nargument <it is a conclusive presumption that a child \nunder the age of seven is incapable ofcommitting a \nfelony>. Also termed absolute presumption; irre\nbuttable presumption; mandatory presumption; pre\nsumption juris et de jure. Cf. rebuttable presumption. \n[Cases: Constitutional Law (;:::::>253(5); Evidence \n53-89.] \n'''Conclusive presumptions' or 'irrebuttable presumptions' \nare usually mere fictions, to disguise a rule of substantive \nlaw (e.g., the conclusive presumption of malice from an \nunexcused defamation); and when they are not fictions, \nthey are usually repudiated by modern courts.\" John H. \nWigmore, A Students' Textbook ofthe Law ofEvidence 454 \n(1935). \n\"Conclusive presumptions, sometimes called irrebuttable \npresumptions of law, are really rules of law. Thus it is said \nthat a child under the age of fourteen years is conclusively \npresumed to be incapable of committing rape. This is only \nanother way of saying that such a child cannot be found \nguilty of rape.\" Richard Eggleston, Evidence, Proof and \nProbability 92 (1978). \nconditional presumption. See rebuttable presump\ntion. \nconflicting presumption. (1830) One of two or more \npresumptions that would lead to opposite results. \nAlso termed inconsistent presumption. [Cases: \nCriminal Law (:::;:'325; Evidence (::::>88.] \n'''Conflicting presumptions' are simply two ordinary pre\nsumptions that would give opposite results; usually they \nare really successive presumptions. E.g., where A proves \nhimself to be the son of N, wife of M, but M and N were \nalready separated, and later M married P, and had a son B, \nthe later marriage of M might presume a prior divorce from \nN before separation to make it valid, and yet the birth of \nA from a married mother might be presumed legitimate, \nand thus the question whether A or B was the legitimate \nson would be attended by opposing pres"}
{"text": "mother might be presumed legitimate, \nand thus the question whether A or B was the legitimate \nson would be attended by opposing presumptions. But in \nthis aspect the doctrine of presumptions is clouded with \ndifficulties and leads to much vain speculation and logical \nunrealism.\" John H. Wigmore, A Students' Textbook of the \nLaw ofEvidence 454 (1935). \ndisputable presumption. See rebuttable presumption. \ndry presumption. A presumption that has no proba\ntive value unless the party with the burden of proof \npresents evidence to support the presumption. [Cases: \nEvidence (:::;:53.] \nfactual presumption. See presumption offact. \nheeding presumption. (1990) A rebuttable presumption \nthat an injured product user would have followed a \nwarning label had the product manufacturer provided \none. [Cases: Products Liability inconsistent presumption. See conflicting presump\ntion. \nirrebuttable presumption. See conclusive presump\ntion. \nlegal presumption. See presumption oflaw. \nmandatory presumption. See conclusive presump\ntion. \nMcClanahan presumption. See MCCLANAHA>I PRE\nSUMPTION. \nmixed presumption. (1838) A presumption containing \nelements ofboth law and fact. \nMorgan presumption. See MORGAN PRESUMPTION. \nnatural presumption. (16c) A deduction of one fact \nfrom another, based on common experience. [Cases: \nCriminal Law <~=)305.1; Evidence (;:::::>53.J \npermissive presumption. (1827) A presumption that a \ntrier offact is free to accept or reject from a given set \nof facts. Also termed permissive inference. [Cases: \nCriminal Law (;:::::>306,324; Evidence (;:::::>53,87.] \npresumption juris et de jure. See conclusive presump\ntion. \npresumption ofa quorum. Parliamentary law. The pre\nsumption that a quorum, once established, is present \nuntil the chair or a member notices otherwise. \npresumption offact. A type of rebuttable presumption \nthat may be, but as a matter oflaw need not be, drawn \nfrom another established fact or group offacts <the \npossessor ofrecently stolen goods is, by presumption \noffact, considered the thief>. -Also termed factual \npresumption. [Cases: Criminal LawC:::.:;,306.; Evidence \n(::::'53,87.] \npresumption ofgeneral application. A presumption \nthat applies across the board to all legislation, as a \nresult ofwhich lawmakers need not list each such pre\nsumption in all bills. [Cases: Criminal Law (:::;:'305; \nEvidence \n\"One function of the word 'presumption' in the context of \nstatutory interpretation is to state the result of this leg\nislative reliance (real o( assumed) on firmly established \nlegal principles. There is a 'presumption' that mens rea is \nrequired in the case of statutory crimes, and a 'presump\ntion' that statutory powers must be exercised reasonably. \nThese presumptions apply although there is no question \nof linguistic ambiguity in the statutory wording under con\nstruction, and they may be described as 'presumptions of \ngeneral application: At the level of interpretation, their \nfunction is the promotion of brevity on the part of the \ndraftsman. Statutes make dreary enough reading as it is, \nand it would be ridiculous to insist in each instance upon an \nenumeration of the general principles taken for granted.\" \nRupert Cross, Statutory Interpretation 142-43 (1976)_ \npresumption o/innocence. See PRESUMPTION OF INNO\nCENCE. \npresumption ofintent. (18c) A permissive presumption \nthat a criminal defendant who intended to commit an \nact did so. [Cases: Criminal Law \npresumption a/law. (16c) A legal assumption that a \ncourt is required to make ifcertain facts are estab\nlished and no contradictory evidence is produced <by \n\npresumption oflaw, a criminal defendant is consid\nered innocent until proven guilty beyond a reasonable \ndoubt>. -Also termed legal presumption; artificial \npresumption; praesumptio juris; pseudopresumption \noflaw. [Cases: Criminal Law C:>305; Evidence C':::' \n86.] \npresumption of maternity. See PRESUMPTION OF \nMATERNITY. \npresumption ofnatural and probable consequences. \nSee PRESUMPTION OF NATURAL AND PROBABLE CON\nSEQUENCES. \npresumption ofpaternity. See PRESUMPTION OF PATER\nNITY. \npresumption ofsurvivorship. See PRESUMPTION OF \nSURVIVORSHIP. \npresumption of validity. See PRESUMPTIONO OF \nVALIDITY. \nprima jacie presumption. See rebuttable presump\ntion. \nprocedural presumption. A presumption that may be \nrebutted by credible evidence. [Cases: Criminal Law \nC:>305; Evidence (;::::=-53.] \npseudopresumption oflaw. See presumption oflaw. \nrebuttable presumption. (1852) An inference drawn \nfrom certain facts that establish a prima facie case, \nwhich may be overcome by the introduction of \ncontrary evidence. -Also termed prima faCie pre\nsumption; disputable presumption; conditional \npresumption; praesumptio juris. Cf. conclusive pre\nsumption. [Cases: Criminal Law Evidence \nC~89.] \nstatutory presumption. (1819) A rebuttable or conclu\nsive presumption that is created by statute. [Cases: \nCriminal Law C':::' 305; Evidence C':::'53.] \nThayer presumption. See THAYER PRESUMPTION. \npresumption of death. (18c) A presumption that arises \non the unexpected disappearance and continued \nabsence of a person for an extended period, commonly \nseven years. [Cases: Damages C':::'2.] \npresumption-of-fertility rule. See FERTILE-OCTOGE\nNARIAN RULE. \npresumption-of-identity rule. The common-law rule \nthat unless there is a specific, applicable statute in \nanother state, a court will presume that the common \nlaw has developed elsewhere identically with how it has \ndeveloped in the court's own state, so that the court \nmay apply its own state's law. _ Today this rule applies \nprimarily in Georgia. See Shorewood Packaging Corp. \nv. Commercial Union Ins., 865 F. Supp. 1577 (N.D. Ga. \n1994). [Cases: Criminal Law (::::> 320; Evidence \n80.] \npresumption ofinnocence. (18c) Criminal law. The fun\ndamental principle that a person may not be convicted \nofa crime unless the government proves guilt beyond \na reasonable doubt, without any burden placed on the accused to prove innocence. [Cases: Criminal Law (;::::=\n308; Evidence (;::::=-60.] \npresumption oflegitimacy. See PRESUMPTION OF PATER\nNITY. \npresumption of maternity. Family law. The presumption \nthat the woman who has given birth to a child is both \nthe genetic mother and the legal mother ofthe child. \nAlso termed maternity presumption. Cf. PRESUMPTION \nOF PATERNITY. \npresumption of natural and probable consequences. \n(1980) Criminal law. The presumption that mens rea \nmay be derived from proof ofthe defendant's conduct. \n[Cases: Criminal LawC':::\"312.] \npresumption of paternity. (1829) Family law. The pre\nsumption that the father ofa child is the man who (1) \nis married to the child's mother when the child was \nconceived or born (even though the marriage may have \nbeen invalid), (2) married the mother after the child's \nbirth and agreed either to have his name on the birth \ncertificate or to support the child, or (3) welcomed the \nchild into his home and later held out the child as his \nown. Also termed paternity presumption; presump\ntion oflegitimacy; legitimacy presumption. See presumed \nfather under FATHER. [Cases: Children Out-of-Wedlock \nC='3.] \npresumption of survivorship. (1844) The presumption \nthat one of two or more victims of a common disaster \nsurvived the others, based on the supposed survivor's \nyouth, good health, or other reason rendering survivor\nship likely. [Cases: Death \npresumption ofvalidity. Patents. The doctrine that the \nholder of a patent is entitled to a statutory presump\ntion that the patent is valid and that the burden is on a \nchallenger to prove invalidity. See BORN VALID. [Cases: \nPatents C:> 112.1.1 \npresumptive (pri-zamp-tiv), adj. (15c) 1. Giving reason\nable grounds for belief or presumption. 2. Based on a \npresumption. [Cases: Criminal Law (;::::=-305.1; Evidence \n(:::::53.] presumptively, adv. \npresumptive authority. See implied authority under \nAUTHORITY (1). \npresumptive damages. See punitive damages under \nDAMAGES. \npresumptive death. See DEATH. \npresumptive evidence. See EVIDENCE. \npresumptive heir. See heir presumptive under HEIR. \npresumptive notice. See implied notice under NOTICE. \npresumptive proof. See conditional proof under PROOF. \npresumptive sentence. See SENTENCE. \npresumptive sentencing. See SENTENCING. \npresumptive taker. See TAKER. \npresumptive title. See TITLE (2). \npresumptive trust. See resulting trust under TRUST. \npret a usage. Civil law. A gratuitous loan for use. \n\n1307 prevention doctrine \npretax, adj. Existing or occurring before the assessment \nor deduction of taxes <pretax income>. [Cases: Internal \nRevenue (;=3110; Taxation (;=3446.] \npretax earnings. See EARNINGS. \nprete-nom (pret-nohm). [French] One who lends his \nname. \npretensive joinder. See JOINDER. \npreterlegal (pree-t~r-Iee-gal), adj. Rare. Beyond the \nrange ofwhat is legal; not according to law <preterle\ngal customs>. \npretermission (pree-tdr-mish-~n). (lSc) 1. The condition \nof one who is pretermitted, as an heir of a testator. 2. \nThe act of omitting an heir from a will. [Cases: Descent \nand Distribution (;=47.] \npretermission statute. See PRETERMITTED-HEIR \nSTATUTE. \npretermit (pree-tar-mit), vb. (I5c) 1. To ignore or dis\nregard purposely <the court pretermitted the consti\ntutional question by deciding the case on procedural \ngrounds>. 2. To neglect, overlook, or omit acciden\ntally <the third child was pretermitted in the will>. \nAlthough in ordinary usage sense 1 prevails, in legal \ncontexts (esp. involving heirs) sense 2 is usual. [Cases: \nDescent and Distribution (;=47.] \npretermitted child. See pretermitted heir under HEIR. \npretermitted defense. See DEFENSE (1). \npretermitted heir. See HEIR. \npretermitted-heir statute. (1955) A state law that, under \ncertain circumstances, grants an omitted heir the right \nto inherit a share of the testator's estate, usu. by treating \nthe heir as though the testator had died intestate. \nMost states have a pretermitted-heir statute, under \nwhich an omitted child or spouse receives the same \nshare of the estate as if the testator had died intestate, \nunless the omission was intentional. The majority \nrule, and that found in the Uniform Probate Code, is \nthat only afterborn children that is, children born \nafter th~ execution of a will receive protection as \npretermitted heirs. Under that circumstance, an infer\nence arises that their omission was inadvertent rather \nthan purposeful. -Also termed pretermission statute. \n[Cases: Descent and Distribution (;=47.] \npretermitted spouse. See pretermitted heir under \nHEIR. \npretext (pree-tekst), n. (16c) A false or weak reason or \nmotive advanced to hide the actual or strong reason \nor motive. [Cases: Civil Rights (;=1033(1), 1137.] \npretextual (pree-teks-choo-al), adj. \npretextual arrest. See ARREST. \npretextus (pree-teks-t\"s). [Latin] A pretext. \npretium (pree-shee-am). [Latin) Price; value; worth. \npretium affectionis (pree-shee-am ,,-fek-shee-oh-nis). \nAn enhanced value placed on a thing by the fancy \nof its owner, growing out of an attachment for the \nspecific article and its associations; sentimental value. -This value is not taken as a basis for measuring \ndamages. \npretium periculi (pree-shee-\"m pa-rik-ya-lr). The price \nof the risk, such as the premium paid on an insur\nance policy. \npretorial court (pri-tor-ee-\"l). See COURT. \npretrial conference. (1938) An informal meeting at \nwhich opposing attorneys confer, usu. with the judge, \nto work toward the disposition of the case by discuss\ning matters of evidence and narrowing the issues that \nwill be tried. See Fed. R. Civ. P. 16; Fed. R. Crim. P. 17.1. \n-The conference takes place shortly before trial and \nordinarily results in a pretrial order. -Often short\nened to pretrial. -Also termed pretrial hearing. [Cases: \nFederal Civil Procedure (;=1921; Pretrial Procedure \n(;=741.] \npretrial detention. See DETENTION. \npretrial discovery. See DISCOVERY. \npretrial diversion. See DIVERSION PROGRAM (1). \npretrial hearing. See PRETRIAL CONFERENCE. \npretrial intervention. 1. DIVERSION PROGRAM (1). 2. See \ndeferred judgment under JUDGMENT. \npretrial investigation. Military law. An investigation \nto decide whether a case should"}
{"text": "See \ndeferred judgment under JUDGMENT. \npretrial investigation. Military law. An investigation \nto decide whether a case should be recommended for \nforwarding to a general court-martial. [Cases: Military \nJustice (;=921.) \npretrial order. (1939) A court order setting out the \nclaims and defenses to be tried, the stipulations ofthe \nparties, and the case's procedural rules, as agreed to by \nthe parties or mandated by the court at a pretrial con\nference. See Fed. R. Civ. P. 16(e). -In federal court, a \npretrial order supersedes the pleadings. [Cases: Federal \nCivil Procedure C=, 1935; Pretrial Procedure (;=747.) \nprevail, vb. (17c) 1. To obtain the relief sought in an \naction; to win a lawsuit <the plaintiff prevailed in the \nSupreme Court>. 2. To be commonly accepted or pre\ndominant <it's unclear which line of precedent will \nprevail>. \nprevailing party. See PARTY (2). \nprevarication (pri-var-a-kay-sh\"n), 11. (I6c) The act or \nan instance oflying or avoiding the truth; equivoca\ntion. prevaricate (pri-var-a-kayt), vb. \nprevaricator (pri-var-<l-kay-tar), 11. [Latin] 1. A liar; an \nequivocator. 2. Roman law. One who betrays anoth\ner's trust, such as an advocate who aids the opposing \nparty by betraying the client. Also spelled (in sense \n2) praevaricator. \nprevent, vb. To hinder or impede <a gag order to prevent \nfurther leaks to the press>. \npreventative law. See PREVENTIVE LAW. \nprevention. Civil law. The right of one of several judges \nhaving concurrent jurisdiction to exercise that jurisdic\ntion over a case that the judge is first to hear. \nprevention doctrine. (1979) COl1tracts. The principle that \neach contracting party has an implied duty to not do \n\n1308 preventive custody \nanything that prevents the other party from perform\ning its obligation. -Also termed prevention-of-perfor\nmance doctrine. [Cases: Contracts (::::> 168,303(4).] \npreventive custody. See CUSTODY (1). \npreventive detention. See DETENTION. \npreventive injunction. See INJUNCTION. \npreventive justice. See JUSTICE (1). \npreventive law. A practice oflaw that seeks to minimize \na client's risk oflitigation or secure more certainty with \nregard to the client's legal rights and duties. -Empha\nsizing planning, counseling, and the nonadversarial \nresolution of disputes, preventive law focuses on the \nlawyer's role as adviser and negotiator. Also termed \n(less correctly) preventative law. \npreventive punishment. See PUNISHMENT. \npreviously taxed income. See INCOME. \nprevious notice. See NOTICE (6). \nprevious question. See CLOSE DEBATE. \nprice. The amount ofmoney or other consideration asked \nfor or given in exchange for something else; the cost at \nwhich something is bought or sold. [Cases: Contracts \n(::::>229(1); Sales C=:) 74.1.] \nagreed price. The price for a sale, esp. ofgoods, arrived \nat by mutual agreement. Cf. open price. [Cases: Sales \n(::::>75.J \narm's-length price. The price at which two unre\nlated, unaffiliated, and nondesperate parties would \nfreely agree to do business. See arm's-length trans\naction under TRANSACTloN;fair market value under \nVALUE. \nasked price. The lowest price at which a seller is willing \nto sell a security at a given time. See SPREAD (2). \nasking price. Ihe price at which a seller lists property \nfor sale, often implying a Willingness to sell for less. \nAlso termed ask price; offering price. \nat-the-market price. A retail price that store owners in \nthe same vicinity generally charge. \nbid price. The highest price that a prospective buyer \nis willing to pay for a security at a given time. See \nSPREAD (2). \ncall price. 1. The price at which a bond may be retired \nbefore its maturity. [Cases: Corporations C:::;468.1.] \n2. See strike price. \nceiling price. 1. The highest price at which a buyer is \nwilling to buy. 2. The highest price allowed by a gov\nernment agency or by some other regulatory institu\ntion. [Cases: War and National Emergency (::::> 108.] \nclosing price. The price of a security at the end of a \ngiven trading day. -Also termed close. \nexercise price. See strike price. \nex-works price. The price of goods as they leave the \nfactory. See EX WORKS. \nfixed price. A price that is agreed upon by a wholesaler \nand a retailer for the later sale or resale of an item. _ Agreements to fix prices are generally prohibited by \nstate and federal statutes. \nfloor price. The lowest price at which a seller is willing \nto sell. \nliquidating price. See redemption price. \nliquidation price. A price that is paid for property sold \nto liquidate a debt. -Liquidation price is usu. below \nmarket price. -Also termed liquidation value. \nlist price. A published or advertised price of goods; \nretail price. \nmarket price. The prevailing price at which something \nis sold in a specific market. See fair market value \nunder VALUE (2). \nmean trading price. Securities. The average ofthe daily \ntrading price ofa security determined at the close of \nthe market each day during a 90-day period. \nnetprice. The price ofsomething, after deducting cash \ndiscounts. \noffering price. See asking price. \nopen price. The price for a sale, esp. of goods, that has \nnot been settled at the time ofa sale's conclusion. UCC \n 2-305. Cf. agreed price. [Cases: Sales (::::>78.] \npredatory price. See PREDATORY PRICING. \nputprice. See strike price. \nredemption price. 1. The price of a bond that has not \nreached maturity, purchased at the issuer's option. 2. \nThe price ofshares when a mutual-fund shareholder \nsells shares back to the fund. -Also termed liqui\ndating price; repurchase price. [Cases: Corporations \n(::::>468.1.] \nreserve price. In an auction, the amount that a seller of \ngoods stipulates as the lowest acceptable offer. -The \nreserve price mayor may not be announced. See WITH \nRESERVE; WITHOUT RESERVE. \nsales price. The total amount for which property is sold, \noften including the costs ofany services that are a part \nof the sale. -Under sales-tax statutes, the amount \nis typically valued in money even if the value is not \nreceived in money. Also termed selling price. \nspot price. The amount for which a commodity is sold \nin a spot market. \nstrike price. Securities. The price for which a security \nwill be bought or sold under an option contract if \nthe option is exercised. -Also termed striking price; \nexercise price; call price; put price. See OPTION. \nsubscription price. See SUBSCRIPTION PRICE. \nsuggested retail price. The sales price recommended to \na retailer by a manufacturer of the product. \nsupport price. A minimum price set by the federal \ngovernment for a particular agricultural commod\nity. [Cases: Agriculture (::::>3.5.J \ntarget price. A price set by the federal government for \nparticular agricultural commodities. -Ifthe market \nprice falls below the target price, farmers receive a \n\nsubsidy from the government for the difference. \n[Cases: Agriculture (;::::>3.5.] \ntrade price. The price at which a manufacturer or \nwholesaler sells to others in the same business or \nindustry. \ntransfer price. The price charged by one segment of \nan organization for a product or service supplied to \nanother segment of the same organization; esp., the \ncharge assigned to an exchange ofgoods or services \nbetween a corporation's organizational units. \nunit price. A price of a food product expressed in a \nwell-known measure such as ounces or pounds. \nupset price. The lowest amount that a seller is willing to \naccept for property or goods sold at auction. [Cases: \nAuctions and Auctioneers \nwholesale price. The price that a retailer pays for goods \npurchased (usu. in bulk) from a wholesaler for resale \nto consumers at a higher price. \nprice amendment. Securities. A change in a registration \nstatement, prospectus, or prospectus supplement affect\ning the offering price, the underwriting and selling dis\ncounts or commissions, the amount of proceeds, the \nconversion rates, the call prices, or some other matter \nrelating to the offering price. \nprice!cost analysis. A technique of determining, for anti\ntrust purposes, whether predatory pricing has occurred \nby examining the relationship between a defendant's \nprices and either its average variable cost or its average \ntotal cost. \nprice discrimination. (1915) The practice of offering \nidentical or similar goods to different buyers at differ\nent prices when the costs of producing the goods are \nthe same. Price discrimination can violate antitrust \nlaws if it reduces competition. It may be either direct, \nas when a seller charges different prices to different \nbuyers, or indirect, as when a seller offers special con\ncessions (such as favorable credit terms) to some but \nnot all buyers. [Cases; Antitrust and Trade Regulation \n(;::::>,839.J \npersistent price discrimination. A monopolist's sys\ntematic policy ofobtaining different rates of return \nfrom different sales groupings. \nprice-earnings ratio. The ratio between a stock's current \nshare price and the corporation's earnings per share \nfor the last year . Some investors avoid stocks with \nhigh price-earnings ratios because those stocks may \nbe overpriced. -Abbr. PIE ratio. Cf. earnings yield \nunder YIELD. \nprice-erosion theory. Patents. A theory oflost-profits \nremedy that measures the difference between what an \nitem could have sold for with patent protection and \nwhat it actually sold for while having to compete against \nan infringing item. [Cases: Patents (;::::>318(3).] \nprice expectancy. See EXHIBITION VALUE. \nprice-fixing. (l889) The artificial setting or maintenance \nof prices at a certain level, contrary to the workings under antitrust law. See FIX (3). [Cases: Antitrust and \nTrade Regulation (;::::>821.] \n\"Price-fixing agreements mayor may not be aimed at \ncomplete elimination of price competition. The group \nmaking those agreements mayor may not have the power \nto control the market. But the fact that the group cannot \ncontrol the market prices does not necessarily mean that \nthe agreement as to prices has no utility to the members \nof the combination. The effectiveness of price-fixing agree\nments is dependent on many factors, such as competitive \ntactics, pOSition in the industry, the formula underlying \nprice policies. Whatever economic justification particular \nprice-fixing agreements may be thought to have, the law \ndoes not permit an inquiry into their reasonableness. They \nare all banned because oftheir actual or potential threat to \nthe central nervous system of the economy.\" United States \nv. Socony-Vawum Oil Co., 310 U.S. 150,225-26 n.59, 60 \n5.Ct. 811, 845 n.59 (1940). \nhorizontal price-fixing. (1935) Price-fixing among \ncompetitors on the same level, such as retailers \nthroughout an industry. [Cases: Antitrust and Trade \nRegulation (;;::;822.] \nvertical price-fixing. (1936) Price-fixing among parties \nin the same chain ofdistribution, such as manufac\nturers and retailers attempting to control an item's \nresale price. [Cases: Antitrust and Trade Regulation \nC:>821.] \nprice index. An index ofaverage prices as a percentage \nof the average prevailing at some other time (such as \na base year). See CONSUMER PRICE INDEX; PRODUCER \nPRICE INDEX. \nprice leadership. (1942) A market condition in which \nan industry leader establishes a price that others in the \nfield adopt as their own . Price leadership alone does \nnot violate antitrust laws without other evidence ofan \nintent to create a monopoly. \nprice-level-adjusted mortgage. See MORTGAGE. \nprice memorandum. Securities. A document created by \nan underwriter to explain how securities are priced for \na public offering and, typically, to show estimates and \nappraisals that are not allowed as part of the offering \ndocuments. \nprice-renegotiation clause. Oil 6-gas. A provision in a \ngas contract allowing for price renegotiation from time \nto time or upon election of one of the parties. \nprice squeeze. Antitrust. Discriminatory pricing prac\nticed by a manufacturer or distributor who also supplies \nmaterials or products to a competitor, and charges a \nhigh wholesale price in an attempt to reduce or elimi\nnate a competitor's ability to make a retail profit. [Cases: \nAntitrust and Trade Regulation (;::::>8l1.] \nprice support. (1927) The artificial maintenance of prices \n(as of a particular commodity) at a certain level, esp. \nby governmental action (as by subsidy). [Cases; Agri\nculture (;::::>3.5.] \nprice war. (1895) A period of sustained or repeated \nprice-cutting in an industry (esp. among retailers), \ndeSigned to undersell competitors or force them out \nofbusiness. \nof the free market.  Price-fixing is usu. illegal per se i priest-penitent privilege. See PRIVILEGE (3). \n\nprimae impressionis (pn-mee im-pres[b)-ee-oh-nis). \n[Law Latin) Of the first impression. See case offirst \nimpression under CASE. \nprimae preces. See PRECES PRIMARIAE. \nprima facie (pn-ma fay-sha orfay-shee), adv. [Latin] (l5c) \nAt first sight; on first appearance but subject to further \nevidence or information <the is prima facie \nvalid>. [Cases: Evidence 584(1).]"}
{"text": "to further \nevidence or information <the is prima facie \nvalid>. [Cases: Evidence 584(1).] \nprima fade, adj. (18c) Sufficient to establish a fact or \nraise a presumption unless disproved or rebutted <a \nprima facie showing>. \nprima fade case. (1805) I. The establishment ofa legally \nrequired rebuttable presumption. [Cases: Evidence (;::=, \n53,85.) 2. A party's production of enough evidence to \nallow the fact-trier to infer the fact at issue and rule in \nthe party's favor. [Cases: Evidence (;;:)584(1).) \nprima fade evidence. See EVIDENCE. \nprima fade presumption. See rebuttable presumption \nunder PRES{;MPTION. \nprima fade privilege. See qualified immunity under \nIMMlJNITY (1). \nprima fade tort. See TORT. \nprimage (pn-mij). See HAT MONEY. \nprimary, n. See primary election under ELECTION (3). \nprimary activity. Labor law. Concerted action (such \nas a strike or picketing) directed against an employer \nwith which a union has a dispute. Cf. SECONDARY \nACTIVITY. \nprimary agent. See AGENT (2). \nprimary allegation. See ALLEGATION. \nprimary amendment. See AMENDMENT (3). \nprimary assumption of the risk. See ASSUMPTION OF \nTHE RISK. \nprimary authority. See AUTHORITY (4). \nprimary beneficiary. See BENEFICIARY. \nprimary boycott. See BOYCOTT. \nprimary caregiver. Family law. 1. The parent who has \nhad the greatest responsibility for the daily care and \nrearing of a child. See TENDER-YEARS DOCTRINE; PRI\nMARY-CAREGIVER DOCTRINE. [Cases: Child Custody \nG---= 44, 459.] 2. The person (induding a nonparent) who \nhas had the greatest responsibility for the daily care and \nrearing of a child. Also termed primary caretaker. \nprimary-caregiver doctrine. Family law. 1he presump\ntion that, in a custody dispute, the parent who is a child's \nmain caregiver will be the child's custodian, assuming \nthat he or she is a fit parent.  This doctrine includes \nthe quality and the quantity ofcare that a parent gives \na child -but excludes supervisory care by others while \nthe child is in the parent's custody. Under this doctrine, \ncourts sometimes divide children into three age groups: \nthose under the age of 6, those 6 to 14, and those 14 \nand older. For children under the age of6, an absolute \npresumption exists in favor of the primary caretaker as custodian. For those 6 to 14, the trial court may \nhear the child's preference on the record but without \nthe parents being present. For those 14 and older, the \nchild may be allowed to choose which parent will be the \ncustodian, assuming that both parents are fit. Also \ntermed primary-caretaker doctrine; primary-caregiver \npresumption; primary-caretaker presumption; primary\ncaregiver preference. Cf. MATERN AL-PREFERENCE PRE\nSUMPTION; TENDER-YEARS DOCTRINE. [Cases: Child \nCustody (;::='44,459.] \nprimary caretaker. See PRIMARY CAREGIVER. \nprimary cause. See proximate cause under CAUSE (1). \nprimary committee. Bankruptcy. A group of creditors \norganized to help the debtor draw up a reorganization \nplan. [Cases: BankruptcyC:~)3024.] \nprimary conveyance. See CONVEYANCE. \nprimary devise. See DEVISE. \nprimary domiciliary parent. See PARENT. \nprimary-duty doctrine. Maritime law. The principle that \na seaman cannot recover damages if the injury arose \nfrom an unseaworthy condition created by the seaman's \nbreach of duty. [Cases: Seamen (;::=,29(4).] \nprimary election. See ELECTION (3). \nprimary evidence. See best evidence under EVIDENCE. \nprimary fact. See FACT. \nprimary insurance. See INSURANCE. \nprimary insured. See INSURED. \nprimary insurer. See INSURER. \nprimary jurisdiction. See JURISDICTION. \nprimary-jurisdiction doctrine. A judicial doctrine \nwhereby a court tends to favor allowing an agency an \ninitial opportunity to decide an issue in a case in which \nthe court and the agency have concurrent jurisdiction. \nSee primary jurisdiction under JURISDICTION. [Cases: \nAdministrative Law and Procedure (;::=,228.1.] \nprimary lease. See HEADLEASE. \nprimary liability. See LIABILITY. \nprimary-line competition. See horizontal competition \nunder COMPETITION. \nprimary-line injury. Antitrust. Under the price-dis\ncrimination provisions of the Robinson-Patman Act, \nthe practice of charging below-cost, predatory prices \nin an attempt to eliminate the seller's competition in \nthe market. 15 USCA  13(a). A primary-line injury, \nwhich hinders or seeks to hinder competition among \nthe seller's competitors, is distinguishable from a sec\nondary-line injury, which refers to discriminatory \npricing that hinders or seeks to hinder competition \namong the seller's customers, by favoring one customer \nover another in the prices the seller charges. Cf. SEC\nONDARY-LINE INJURY. \n\"liggett contends that Brown & Williamson's discriminatory \nvolume rebates to wholesalers threatened substantial com\npetitive injury by furthering a predatory pricing scheme \ndesigned to purge competition from the economy segment \n\n1311 primogenitureship \nof the cigarette market. This type of injury, which harms \ndirect competitors of the discriminating seller, is known \nas a primary-line injury.\" Brooke Group Ltd. v. Brown & Wil\nliamson Tobacco Corp., 509 u.s. 209, 220, 113 S.Ct. 2578, \n2586 (1993). \nprimary market. See MARKET. \nprimary mortgage market. See MORTGAGE MARKET. \nprimary obligation. See OBLIGATION. \nprimary offering. See OFFERING. \nprimary officer. See principal officer under OFFICER \n(1). \nprimary plea. See primary allegation under ALLEGA\nTION. \nprimary powers. (1864) The chief powers given by a prin\ncipal to an agent to accomplish the agent's tasks. Cf. \nMEDIATE POWERS. \nprimary purpose or effect. Copyright. The main reason \nfor or consequence of using a product, as a test for \nwhether its sale amounts to contributory infringement. \n-The Supreme Court rejected the test in a landmark \ncopyright case, but four justices said that ifthe primary \npurpose or effect ofthe product's sale or use infringes \nthe copyrights of others, its manufacturer could be \nenjoined from selling the product or required to pay \na reasonable royalty to the copyright owners. Sony \nCorp. ofAm. v. Universal City Studios, Inc., 464 U.S. \n417,457-500, 104 S.Ct. 774, 796-818 (1984) (Blackmun, \nJ., dissenting). Cf. COMMERCIALLY SIGNIFICANT NON\nINFRINGING USE. \nprimary receiver. See principal receiver under \nRECEIVER. \nprimary reserve ratio. See RESERVE RATIO. \nprimary residential responsibility. See RESIDENTIAL \nRESPONSIBILITY. \nprimary right. See RIGHT. \nprimary term. Oil & gas. The option period set by \nthe habendum clause in an oil-and-gas lease during \nwhich the lessee has the right to search, develop, and \nproduce from the property. _ The primary term should \nbe long enough to allow the lessee to evaluate the \nproperty and make arrangements to drill. In practice, \nthe primary term may extend for 24 hours or 25 years, \ndepending on how much competition there is for leases \nin the area. See HABENDUM CLAUSE. Cf. SECONDARY \nTERM. [Cases: Mines and Minerals (;;:>73.5,78.1(9).] \nprimate (prJ-mit). A chief ecclesiastic; an archbishop or \nbishop having jurisdiction over other bishops within \na province. \nprime, n. See prime rate under INTEREST RATE. \nprime, vb. To take priority over <Watson's preferred \nmortgage primed Moriarty's lien>. \nprime contractor. See general contractor under CON\nTRACTOR. \nprime cost. See COST (1). prime lending rate. See prime rate under INTEREST \nRATE. \nprime maker. See MAKER. \nprime minister. (often cap.) The chiefexecutive ofa par\nliamentary government; the head ofa cabinet. -Abbr. \nPM. \nprimer (prim-Jr orprJ-mJr). [Law French] First; primary \n<primer seisin>. \nprime rate. See INTEREST RATE. \nprimer election. A first choice; esp., the eldest copar\ncener's pick of land on division of the estate. See \nELECTION. \nprimer fine (prim-;>r or prJ-mJr fm). [Latin] Hist. A \nfee payable to the Crown on the suing out of a writ of \npraecipe to begin a conveyance by fine. See FINE (1). \nAlso termed praefine. \nprimer seisin. See SEISIN. \nprime serjeant. See premier serjeant under SERJEANT\nAT-LAW. \nprime tenant. See TENANT. \nprimitiae (pri-mish-ee-ee). [fro Latin primus \"first\"] See \nFIRST FRl7ITS (2). -primitial (pri-mish-;>l), adj. \nprimitive obligation. See OBLIGATION. \nprimo fronte (prJ-moh fron-tee). [Latin] Hist. At first \nSight. \nprimogeniture (pn-mJ-jen-J-chJr). (I5c) 1. The state \nof being the firstborn child among siblings. 2. The \ncommon-law right ofthe firstborn son to inherit his \nancestor's estate, usu. to the exclusion of younger \nsiblings. -Also termed (in sense 2) primogenitureship. \nSee BOROUGH ENGLISH. [Cases: Descent and Distribu\ntion \n\"If by primogeniture we only mean 'that the male issue \nshall be admitted before the female, and that, when there \nare two or more males in equal degrees, the eldest only \nshall inherit, but the females \"all together'\" [Blackstone's \ndefinitionl. then ancient records may indeed contain but \nscant references. But primogeniture embraces all the cases \nof single inheritance, and may indeed be defined as the \nprerogative enjoyed by an eldest son or occasionally an \neldest daughter, through law or custom, to succeed to their \nancestor's inheritance in preference to younger children. \nNay, we might even make it more comprehensive, extend\ning it to all cases of single succession depending upon \npriority in birth.\" Radhabinod Pal, The History of the Law \nofPrimogeniture 11 (1929). \n\"We might note here, parenthetically, that the English pref\nerence for single-file male descent that is, the system \nof descent known as primogeniture was never cordially \nreceived in this country. Our statutes of descent and distri\nbution uniformly provide for sons' and daughters' sharing \nthe inheritance equally. Although this seems a fairer \nmethod than primogeniture, which was finally abolished \nin Britain with the 1925 reforms. the descent of property \nto an ever-expanding group of heirs can seriously compli\ncate the clearing of old titles.\" Thomas F. Bergin &Paul G. \nHaskell, Preface to Estates in Land and Future Interests 9 \n(2d ed_ 1984). \nprimogenitnreship. See PRIMOGENITURE (2). \n\n1312 prim%co \nprimo loco (prJ-moh loh-koh). [Latin] Hist. In the first \nplace. \nprimo venienti (prJ-moh ven-ee-en-tr). [Latin] To the \none first coming . This refers to the former practice by \nestate executors ofpaying debts as they were presented \nwithout regard to whether the estate had enough assets \nto pay all the debts. \nprimum decretum (prI-m;lm di-kree-t;lm). [Latin \"first \ndecree\"] 1. Hist. Eccles. law. A preliminary decree \ngranted in favor of the plaintiff on the nonappearance \nofa defendant. 2. Maritime law. A provisional decree. \nprinceps (prin-seps), n. [Latin] Roman law. A leading \nperson, esp. the emperor. \nprincipal, adj. Chief; primary; most important. \nprincipal, n. (14c) 1. One who authorizes another to act \non his or her behalf as an agent. Cf. AGENT (2). [Cases: \nPrincipal and Agent <>1, 130.] \napparent principal. A person who, by outward mani\nfestations, has made it reasonably appear to a third \nperson that another is authorized to act as the person's \nagent. [Cases: Principal and Agent <>99.] \ndisclosed principal. (1858) A principal whose identity \nis revealed by the agent to a third party. A disclosed \nprincipal is always liable on a contract entered into \nby the agent with the principal's authority, but the \nagent is usu. not liable. [Cases: Principal and Agent \n<>92-137.] \npartially disclosed principal. (1934) A principal whose \nexistence -but not actual identity -is revealed by \nthe agent to a third party. [Cases: Principal and Agent \n<>138-146.] \nundisclosed principal. (1835) A principal whose \nidentity is kept secret by the agent; a principal for \nwhom the other party has no notice that the agent \nis acting. An undisclosed principal and the agent \nare both liable on a contract entered into by the agent \nwith the principal's authority. [Cases: Principal and \nAgent <>138-146.] \n2. One who commits or participates in a crime. Cf. \nACCESSORY (2); ACCOMPLICE (2). [Cases: Criminal Law \n<>59-67.] \n\"The student should notice that in criminal law the word \n'principal' suggests the very converse of the idea which \nit represents in mercantile law. In the former, as we have \nseen, an accessory proposes an act,"}
{"text": "the idea which \nit represents in mercantile law. In the former, as we have \nseen, an accessory proposes an act, and the 'principal' \ncarries it out. But in the law of contract, and in that of \ntort, the 'principal' only authorizes an act, and the 'agent' \ncarries it out. Where the same transaction is both a tort and \na crime, this double use of the word may cause confusion. \nFor example, if, by an innkeeper's directions, his chamber \nmaid steals jewels out of a guest's portmanteau, the maid \nis the 'principal' in a crime, wherein her master is an acces \nsory before the fact; whilst she is also the agent in a tort, \nwherein her master is the 'principal'.\" J.w. Cecil Turner, \nKenny's Outlines ofCriminal Law 89 (16th ed. 1952). \nprincipal in the first degree. (18c) The perpetrator ofa \ncrime. -Also termed first-degree principal. [Cases: \nCriminal Law <>61, 78.] \n\"By a principal in the first degree, we mean the actual \noffender -the man in whose guilty mind lay the latest blamable mental cause of the criminal act. Almost always, \nof course, he will be the man by whom this act itself was \ndone. But occasionally this will not be so; for the felony \nmay have been committed by the hand of an innocent \nagent who, having no blamable intentions in what he did, \nincurred no criminal liability by doing it. In such a case the \nman who instigates this agent is the real offender; his was \nthe last mens rea that preceded the crime, though it did \nnot cause it immediately but mediately.\" J.w. Cecil Turner, \nKenny's Outlines ofCriminal Law 85-86 (16th ed. 1952). \nprincipal in the second degree. (18c) One who helped \nthe perpetrator at the time of the crime. -Also \ntermed accessory at the fact; second-degree principal. \nSee ABETTOR. [Cases: Criminal Law <>63, 78.] \n''The distinction between principals in the first and second \ndegrees is a distinction without a difference except in those \nrare instances in which some unusual statute has provided \na different penalty for one of these than for the other. A \nprincipal in the first degree is the immediate perpetrator \nof the crime while a principal in the second degree is one \nwho did not commit the crime with his own hands but was \npresent and abetting the principal. It may be added, in the \nwords of Mr.Justice Miller, that one may perpetrate a crime, \nnot only with his own hands, but 'through the agency of \nmechanical or chemical means, as by instruments, poison \nor powder, or by an animal, child, or other innocent agent' \nacting under his direction.\" Rollin M. Perkins & Ronald N. \nBoyce, Criminal Law 736 (3d ed. 1982) (quoting Beausoliel \nv. United States, 107 F.2d 292, 297 (D.C. Cir. 1939)). \n3. One who has primary responsibility on an obligation, \nas opposed to a surety or indorser. 4. The corpus ofan \nestate or trust. [Cases: Trusts <>1.]5. The amount ofa \ndebt, investment, or other fund, not including interest, \nearnings, or profits. \nprincipal action. See main demand under DEMAND (1). \nprincipal challenge. See CHALLENGE (2). \nprincipal contract. See CONTRACT. \nprincipal covenant. See COVENANT (1). \nprincipal creditor. See CREDITOR. \nprincipal demand. See main demand under DEMAND \n(1). \nprincipal fact. 1. See fact in issue under FACT. 2. See \nultimate fact under FACT. \nprincipal in the first degree. See PRINCIPAL (2). \nprincipal in the second degree. See PRINCIPAL (2). \nprincipalis (prin-s;l-pay-lis), adj. [Latin] Principal, as in \nprincipalis debitor (\"principal debtor\"). \nprincipal motion. See main motion under MOTION (2). \nprincipal obligation. See primary obligation (2) under \nOBLIGATION. \nprincipal obligor. See OBLIGOR. \nprincipal officer. See OFFICER (1). \nprincipal place ofbusiness. See PLACE OF BUSINESS. \nprincipal receiver. See RECEIVER. \nPrincipal Register. Trademarks. The list of distinctive \nmarks approved for federal trademark registration. \n The register is maintained by the U.S. Patent and \nTrademark Office. Only marks that are strong, dis\ntinctive, and famous are listed. 15 USCA  1052. Cf. \n\n1313 prior lien \nSUPPLEMENTAL REGISTER. [Cases: Trademarks \n1245.] \nprincipal right. See RIGHT. \nprinciple, n. A basic rule, law, or doctrine. \nprinciple offinality. See FINALITY DOCTRINE. \nprinciple oflegality. See LEGALITY (2). \nprinciple of nonintervention. See NONINTERVENTION. \nprinciple of retribution. See LEX TALIONIS. \nprint. 1. Copyright. The impression made in a material \nby a die, mold, stamp, or the like; a distinctive stamped \nor printed mark or design. 2. FINGERPRINT. \nprinted-matter doctrine. Patents. The rule that printed \nmatter may not be patented unless it is a physical part of \na patentable invention . For example, the doctrine has \nbeen used to deny patents for systems of representing \nsheet music and for methods ofcompiling directories. \nBut it cannot be used to deny a patent for computer \nsoftware. [Cases: Patents G~5.] \nPrinters Ink Statute. A model statute drafted in 1911 \nand adopted in a number of states making it a misde\nmeanor to print an advertisement that contains a false \nor deceptive statement. \nprior, adj. (17c) 1. Preceding in time or order <under \nthis court's prior order>. 2. Taking precedence <a prior \nlien>. \nprior, n. (1919) Criminal law. Slang. A previous convic\ntion <because the defendant had two priors, the judge \nautomatically enhanced his sentence>. \nprior-acts coverage. Insurance. A claims-made profes\nsional-liability policy indorsement that makes the effec\ntive date retroactive and extends the policy's protection \nto claims made and lawsuits filed during the policy \nperiod for negligent acts that occurred before the policy \nwas actually purchased. -Also termed nose coverage. \nCf. TAIL COVERAGE. [Cases: Insurance (:::::)2266.) \nprior and persistent offender. See RECIDIVIST. \nprior-appropriation doctrine. (1959) The rule that, \namong the persons whose properties border on a \nwaterway, the earliest users ofthe water have the right \nto take a'n they can use before anyone else has a right \nto it. Cf. RIPARIAN-RIGHTS DOCTRINE. [Cases: Waters \nand Water Courses (:::::) 140.] \nprior art. See ART. \nprior-claim rule. The principle that before suing for a \ntax refund or abatement, a taxpayer must first assert the \nclaim to the Internal Revenue Service. [Cases: Internal \nRevenue (;::;:>5003.] \nprior consistent statement. See STATEMENT. \nprior creditor. See CREDITOR. \nprior-exclusive-jurisdiction doctrine. The rule that a \ncourt will not assume in rem jurisdiction over property \nthat is already under the jurisdiction ofanother court \nofconcurrent jurisdiction. \nprior inconsistent statement. See STATEMENT. priori petenti (pn-or-I p<l-ten-tI). [Latin \"to the first \nperson applying\"] Wills & estates. The principle that \nwhen two or more persons are equally entitled to \nadminister an estate, the court will appoint the person \nwho applies first. \npriority. (15c) 1. The status of being earlier in time or \nhigher in degree or rank; precedence. 2. Commercial \nlaw. An established right to such precedence; esp., a \ncreditor's right to have a claim paid before other credi\ntors of the same debtor receive payment. [Cases: Secured \nTransactions 138-145.] 3. The doctrine that, as \nbetween two courts, jurisdiction should be accorded \nthe court in which pr~ceedings are first begun. [Cases: \nCourts 493,514; Federal Courts C-=1145.] 4. \nPatents & Trademarks. The status ofbeing first to invent \nsomething (and therefore be potentially eligible for \npatent protection)or to use a mark in trade (and there\nfore be potentially eligible for trademark registration). \n[Cases: Patents (;::;:>90; Trademarks (;::;:> 1137) \npriority ofadoption. Trademarks. Priority in designing \nor creating a trademark . Priority of adoption does \nnot in itself confer the right to exclusive use ofa mark \nifsomeone else was first to use it in commerce. -Also \ntermed priority ofappropriation; priority ofinvention. \nCf. priority ofuse. [Cases: Trademarks <r'= 1131.) \npriority ofappropriation. Trademarks. See priority of \nadoption. \npriority ofinvention. 1. Patents. The determination \nthat one among several patent applications, for sub\nstantially the same invention, should receive the \npatent when the U.S. Patent and Trademark Office has \ndeclared interference . This determination depends \non the date of conception, the date of reduction to \npractice, and diligence. [Cases: Patents (;::;:>90, 106.] \n2. Trademarks. See priority ofadoption. \npriority ofuse. Trademarks. Priority in using a mark \nin actual commerce. The priority of use, not the \npriority of adoption, determines who has the right \nto protection. Cf. priority ofadoption. [Cases: Trade\nmarks G)1137.J \npriority award. Patents. A final judgment by the U.S. \nPatent and Trademark Office designating one party in \nan interference contest as the first inventor. -Also \ntermed award in interference. \npriority claim. See CLAIM (5). \npriority contest. See INTERFERENCE (3). \npriority date. See DATE. \npriority-jurisdiction rule. See FIRST-TO-FILE RULE. \npriority lien. See prior lien under LIEN. \npriority of liens. The ranking of liens in the order in \nwhich they are perfected. \nprior laesit (prI-<lr lee-sit). [Law Latin] Scots law. He \n(or she) first injured . The phrase usu. referred to the \nprovocation for an assault. \nprior lien. See LIEN. \n\n1314 prior petens \nprior petens (prI-dr pet-enz). [Latin] The person first \napplying. \nprior preferred stock. See STOCK. \nprior publication. Patents. Public disclosure ofthe basis \nfor or existence of an invention, made before filing a \npatent application for the invention. _ Ifthe publica\ntion was made more than a year before the applica\ntion is filed, the patent is barred by statute. Publication \noccurs when the information is made available to any \nmember of the general public. See limited publication \nunder PUBLICATION. [Cases: PatentsC=67.] \nprior-relationship rape. See relationship rape under \nRAPE. \nprior restraint. (1833) A governmental restriction on \nspeech or publication before its actual expression. \nPrior restraints violate the First Amendment unless \nthe speech is obscene, is defamatory, or creates a clear \nand present danger to society. [Cases: Constitutional \nLaw C=1525.] \n'The legal doctrine of prior restraint (or formal censor\nship before publication) is probably the oldest form of \npress control. Certainly it is one of the most effiCient, \nsince one censor, working in the watershed, can create a \ndrought of information and ideas long before they reach \nthe fertile plain of people's minds. In the United States, \nthe doctrine of prior restraint has been firmly opposed \nby the First Amendment to the Constitution, and by the \nSupreme Court, perhaps most notably in the case of Near \nv. Minnesota, decided in 1931. But the philosophy behind \nthat doctrine lives zestfully on, and shows no signs of infir\nmities of age.\" David G. Clark & Earl R. Hutchinson, Mass \nMedia and the Law II (1970). \nprior sale. Patents. Sale or offer of sale of an invention \nbefore a patent is applied for. -Ifthe sale occurred \nmore than one year before the application is filed, the \npatent is barred by statute. 35 USCA  102(b). [Cases: \nPatents \nprior sentence. See SENTENCE. \nprior-use bar. See PUBLIC-USE BAR. \nprior-use doctrine. (1856) The principle that, without \nlegislative authorization, a government agency may not \nappropriate property already devoted to a public use. \n[Cases: Eminent Domain c...~47.1 \nprior-user right. Patents. The right of a first inventor \nto continue using an invention after someone else has \npatented it.  This right protects first inventors in most \ncountries from the harsh effects ofa first-to-file system. \n[Cases: Patents ~-:>90(1).1 \nprisage (prJ-zij). Hist. A royal duty on wine imported \ninto England. -Prisage was replaced by butlerage in \nthe reign of Edward I. Cf. BUTLERAGE. \nprise1en auter lieu (prI-z;l1 awn oh-tayl-yoo). [Law \nFrench \"a taking in another place\"] A plea in abate\nment in a replevin action. \nprison. (bef. 12c) A state or federal facility of confine\nment for convicted criminals, esp. felons. -Also \ntermed penitentiary; penal institution; adult correc\ntional institution. Cf. JAIL. [Cases: Prisons ~::>213.J private prison. (1865) A prison that is managed by \na private company, not by a governmental agency. \n[Cases: Prisons C= 12.] \nprison breach. (17c) A prisoner's forcible breaking and \ndeparture from a place of lawful confinement; the \noff"}
{"text": "(17c) A prisoner's forcible breaking and \ndeparture from a place of lawful confinement; the \noffense of escaping from confinement in a prison or jail. \n Prison breach has traditionally been distinguished \nfrom escape by the presence offorce, but some jurisdic\ntions have abandoned this distinction. -Also termed \nprison breaking; breach ofprison. Cf. ESCAPE (2). [Cases: \nEscape (>::)4.J \n\"Breach of prison by the offender himself, when commit\nted for any cause, was felony at the common law: or even \nconspiring to break it. But this severity is mitigated by the \nstatute de frangentibus prisonam, I Edw. II, which enacts \nthat no person shall have judgment of life or member, \nfor breaking prison, unless committed for some capital \noffence. So that to break prison, when lawfully committed \nfor any treason or felony, remains still a felony as at the \ncommon law; and to break prison, when lawfully confined \nupon any other inferior charge, is still punishable as a \nhigh misdemeanor by fine and imprisonment.\" 4 William \nBlackstone, Commentaries on the Laws ofEngland 130-31 \n(1769). \nprison camp. (1864) A usu. minimum-security camp for \nthe detention of trustworthy prisoners who are often \nemployed on government projects. \nprisoner. 1. A person who is serving time in prison. 2. \nA person who has been apprehended by a law-enforce\nment officer and is in custody, regardless of whether the \nperson has yet been put in prison. Cf. CAPTIVE (1). \n\"While breach of prison, or prison breach, means breaking \nout of or away from prison, it is important to have clearly \nin mind the meaning of the word 'prison.' If an officer \narrests an offender and takes him to jail the layman does \nnot think of the offender as being 'in prison' until he is \nsafely behind locked doors, but no one hesitates to speak \nof him as a 'prisoner' from the moment of apprehension. \nHe is a prisoner because he is 'in prison ... whether he \nwere actually in the walls of a prison, or only in the stocks, \nor in the custody of any person who had lawfully arrested \nhim ....., Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw 566 (3d ed. 1982) (quoting 2 Hawk. P.c. ch. 18,  I \n(6th ed. 1788)). \nprisoner at the bar. (16c) Archaic. An accused person \nwho is on trial. \nprisoner of conscience. Human-rights law. A person \nwho is imprisoned because of his or her beliefs, race, \nsex, ethnic origin, language, or religion. -The range \nofbeliefs\" that fall within this definition is not settled \nbut may include political ideologies and objections to \nmilitary service, esp. in wartime. \nprisoner ofwar. A person, usu. a soldier, who is captured \nby or surrenders to the enemy in wartime. Also \ntermed captive. Abbr. POW. [Cases: War and \nNational Emergency C=11.] \nprisoner's dilemma. A logic problem often used by \nlaw-and-ecol1omics scholars to illustrate the effect of \ncooperative behavior -involVing two prisoners who \nare being separately questioned about their participa\ntion in a crime: (1) ifboth confess, they will each receive \na 5-year sentence; (2) if neither confesses, they will each \nreceive a 3-year sentence; and (3) if one confesses but \n\n1315 \nthe other does not, the confessing prisoner will receive \na I-year sentence while the silent prisoner will receive \na lO-year sentence. See EXTERNALITY. \nPrison Litigation Reform Act. A federal statute designed \nto reduce the number offrivolous lawsuits and petitions \nfiled by prisoners and to reduce the power of federal \ncourts over state prison systems. 110 Stat. 1321-66\n1321-77 (1996). \nprist (prist). [Law French] Hist. Ready. -In oral pleading, \nthis term was used to express a joinder ofissue. \nprivacy. The condition or state ofbeing free from public \nattention to intrusion into or interference with one's \nacts or decisions. \nautonomy privacy. An individual's right to control his \nor her personal activities or intimate personal deci\nsions without outside interference, observation, or \nintrusion. Ifthe individual's interest in an activity \nor decision is fundamental, the state must show a com\npe\u0001ling public interest before the private interest can \nbe overcome. If the individual's interest is acknowl\nedged to be less than fundamental or is disputed, then \na court must apply a balancing test. Hill v. NCAA, 865 \nP.2d 633, 653, 654 (Cal. 1994). [Cases: Constitutional \nLaw (;:::> 1210-1275.] \ninformational privacy. Tort. A private person's right to \nchoose to determine whether, how, and to what extent \ninformation about oneselfis communicated to others, \nesp. sensitive and confidential information. [Cases: \nConstitutional Law C~)1227.] \nprivacy, invasion of. See INVASION OF PRIVACY. \nprivacy, right of. See RIGHT OF PRIVACY. \nprivacy act. See PRIVACY LAW (1). \nPrivacy Act of 1974. An act that regulates the govern\nment's creation, collection, use, and dissemination of \nrecords that can identify an individual by name, as well \nas other personal information. 18 USCA  552a. [Cases: \nRecords (;:::>31.] \nprivacy law. (1936) 1. A federal or state statute that \nprotects a person's right to be left alone or that restricts \npublic access to personal information such as tax \nreturns and medical records. Also termed privacy \nact. [Cases: Records C=>3L] 2. The area oflegal studies \ndealing with a person's right to be left alone and with \nrestricting public access to personal information such \nas tax returns and medical records. \nprivacy privilege. See PRIVILEGE (3). \nprivata delicta (prr-vay-tJ di-lik-tJ). [Latin] Roman \nlaw. Private wrongs; torts. See DELICT. Cf. PUBLICA \nDELICTA. \nprivatae leges (prJ-vay-tee lee-jeez). [Law Latin] Scots \nlaw. Personal laws . These were laws, such as a pardon, \nthat affected a single individual, not a class of people. \nprivate, adj. (14c) 1. Relating or belonging to an individ\nual, as opposed to the public or the government. 2. (Of \na company) not having shares that are freely available i private international law \nprivate act. See special statute under STATUTE. \nprivate action. See civil action under ACTION (4). \nprivate adoption. See ADOPTION. \nprivate agent. See AGENT (2). \nprivate annuity. See ANNUITY. \nprivate attorney. See ATTORNEY (1). \nprivate-attorney-general doctrine. The equitable prin\nciple that allows the recovery of attorney's fees to a \nparty who brings a lawsuit that benefits a significant \nnumber of people, requires private enforcement, and \nis important to society as a whole. [Cases: Costs \n194.42; Federal Civil Procedure (;:::>2737.2.] \nprivate bank. See BANK. \nprivate benefit. Tax. The use of a tax-exempt organi\nzation's assets primarily to further the interests of a \nprivate individual or entity, rather than for a public \ninterest.  Under most circumstances, this type of \nbenefit is prohibited. See IRC (26 USCA)  501(c)(3). \nCf. private inurement under INUREMENT. \nqualitatively incidental private benefit. A permis\nsible private benefit arising from circumstances \nunder which a benefit to the public cannot be \nachieved without necessarily also benefiting a private \ninterest. \nquantitatively incidental private benefit. A permis\nsible private benefit that is a necessary but insubstan\ntial concomitant to a public benefit. \nprivate bill. See BILL (3). \nprivate boundary. See BOUNDARY. \nprivate brand. See BRAND. \nprivate carrier. See CARRIER. \nprivate contract. See CONTRACT. \nprivate corporation. See CORPORATION. \nprivate delict. See DELICT. \nprivate easement. See EASEMENT. \nprivateer (pn-vJ-teer), n. 1. A vessel owned and operated \nby private persons, but authorized by a nation on certain \nconditions to damage the commerce of the enemy by \nacts ofpiracy. 2. A sailor on such a vessel. \nprivateering, n. Int'llaw. The practice of arming pri\nvately owned merchant ships for the purpose ofattack\ning enemy trading ships. _ Before the practice was \noutlawed, governments commissioned privateers by \nissuing letters of marque to their merchant fleets. Pri\nvateering was prohibited by the Declaration of Paris \nConcerning Naval Warfare of 1856, which has been \nobserved by nearly all nations since that time. pri\nvateer, vb. \nprivate fact. See FACT. \nprivate foundation. See FOUNDATION. \nprivate grant. See GRANT. \nprivate injury. See personal injury (2) under INJl:RY. \non an open market. 3. Confidential; secret. private international law. See INTERNATIONAL LAW. \n\n1316 private inurement \nprivate inurement. See INUREMENT. \nprivate judging. (1979) A type of alternative dispute res\nolution whereby the parties hire a private individual to \nhear and decide a case. -This process may occur as a \nmatter of contract between the parties or in connec\ntion with a statute authorizing such a process. Also \ntermed rent-a-judging. \n\"In contrast [to arbitration]. private judging is a less con \ntractual, less privatized process. Party agreement, usually \nformed post-dispute, does send a case to private judging. \nAnd the parties have the freedom of contract to determine \nthe time and place of trial, as well as the identity of the \njudge. Unlike arbitration, however, privately judged trials \nmay ... be: (1) required to use the same rules of procedure \nand evidence used in ordinary litigation, (2) exposed to \npublic view by court order, (3) adjudicated only by a former \njudge, and (4) subject to appeal in the same manner as \nothertrial verdicts. In sum, private judging is essentially \nan ordinary bench trial except that the parties select, and \npay for, the judge,\" Stephen J, Ware, Alternative Dispute \nResolution  2.54, at 113 (2001). \nprivate land grant. See LAND GRANT. \nprivate law. (18c) 1. The body oflaw dealing with private \npersons and their property and relationships. Cf. \nPUBtIC LAW (I). 2. See special law under LAW. \nprivate letter ruling. See LETTER RULING. \nprivate morality. See MORAtITY. \nprivate mortgage insurance. See mortgage insurance \nunder INSURANCE. \nprivate necessity. See NECESSITY. \nprivate nonoperating foundation. See private founda\ntion under FOL'NDATION. \nprivate nuisance. See NUISANCE. \nprivate offering. See OFFERING. \nprivate operating foundation. See FOUNDATION. \nprivate person. See PERSON (I). \nprivate placement. L Family law. The placement of \na child for adoption by a parent, lawyer, doctor, or \nprivate agency, rather than by a government agency. \nAt least eight states have prohibited private-placement \nadoptions. Also termed direct placement. [Cases: \nAdoption C=>6-7.8, 13, 16.] 2. Securities. See private \noffering under OFFERING. \nprivate-placement adoption. See private adoption under \nADOPTION. \nprivate power. See POWER (3). \nprivate prison. See PRISON. \nprivate property. See PROPERTY. \nprivate prosecution. See PROSECUTION. \nprivate prosecutor. See PROSECUTOR (2). \nprivate publication. See limited publication under PVB\nLICATION. \nprivate reprimand. See REPRIMAND. \nprivate right. See RIGHT. \nprivate right-of-way. See EASEMENT. \nprivate river. See RIVER. private sale. See SALE. \nprivate school. See SCHOOL. \nprivate seal. See SEAL. \nprivate search. See SEARCH. \nprivate sector. (1930) The part of the economy or an \nindustry that is free from direct governmental control. \nCf. PUBLIC SECTOR. \nprivate servitude. See SERVITUDE (2). \nprivate signature. See SIGNATURE. \nprivate statute. See speCial statute under STATUTE. \nprivate stream. See STREAM. \nprivate treaty. See TREATY (3). \nprivate trust. See TRUST. \nprivate-use exception. Patents. An exception to the pub\nlic-use statutory bar, allowing the inventor to use the \ninvention for personal benefit for more than one year \nwithout abandoning patent rights under the statutory \nbars. -Also termed prior-user right. [Cases: Patents \nC=>75.] \nprivate voluntary organization. See NONGOVERNMEN\nTAL ORGANIZATION. \nprivate war. See WAR. \nprivate water. See WATER. \nprivate way. See WAY. \nprivate wharf. See WHARF. \nprivate wrong. See WRONG. \nprivate zoning. See ZONING. \nprivation (pn-vay-sh,m). (15c) 1. The act oftaking away \nor withdrawing. 2. The condition ofbeing deprived. \nprivatization (pn-va-ta-zay-sh;m), n. (1942) The act or \nprocess ofconverting a business or industry from gov\nernmental ownership or control to private enterprise. \nCf. DENATIONALIZATION (2). privatize, vb. \nprivatum (pn-vay-tam). [Latin] Private. -This term \nappeared in phrases such as jus privatum (\"private \nlaw\"). \nprivies (priv-eez). See PRIVY. \nprivigna (pn-vig-na), n. [Latin] Roman & civil law. \nA daughter of one's husband or wife by a previous \nmarriage; a stepdaughter. \nprivignus (pn-vig-n<'>s). [Latin] Roman & civil law. A \nson ofone's husband or wife by a previous marriage; \na stepson. \nprivile"}
{"text": "] Roman & civil law. A \nson ofone's husband or wife by a previous marriage; \na stepson. \nprivilege. (bef. 12c) 1. A special legal right, exemption, \nor immunity granted to a person or class ofpersons; an \nexception to a duty. _ A privilege grants someone the \nlegal freedom to do or not to do a given act. It immu\nnizes conduct that, under ordinary circumstances, \nwould subject the actor to liability. \nabsolute privilege. (I8c) A privilege that immunizes \nan actor from suit, no matter how wrongful the \naction might be, and even though it is done with an \n\n1317 privilege \nimproper motive. Cf. qualified privilege. [Cases: Libel \nand Slander C=36; Torts C=:o 121.] \naudit privilege. See AUDIT PRIVILEGE. \nconditional privilege. See qualified privilege. \ncourtroom privilege. See judicial privilege. \ndefamation privilege. See litigation privilege. \ndeliberative-process privilege. (1977) A privilege \npermitting the government to withhold documents \nrelating to policy formulation to encourage open and i \nindependent discussion among those who develop \ngovernment policy. [Cases: Privileged Communica\ntions and Confidentiality (;=>361.] \njudicial privilege. (1845) Defamation. l. The privilege \nprotecting any statement made in the course of and \nwith reference to a judicial proceeding by any judge, \njuror, party, witness, or advocate. 2. See litigation \nprivilege. -Also termed courtroom privilege. [Cases: \nLibel and Slander C=38.] \njudicial-proceedings privilege. See litigation privi\nlege. \nlegislative privilege. (1941) Defamation. The privilege \nprotecting (1) any statement made in a legislature by \none of its members, and (2) any paper published as \npart oflegislative business. -Also termed (in a par\nliamentary system) parliamentary privilege. [Cases: \nLibel and Slander C=~37.J \nlitigation privilege. A privilege protecting the attor\nneys and parties in a lawsuit against tort claims based \non certain acts done and statements made when \nrelated to the litigation . The privilege is most often \napplied to defamation claims but may be extended to \nencompass other torts, such as invasion of privacy \nand disclosure oftrade secrets. The facts ofeach case \ndetermine whether the privilege applies and whether \nit is qualified or absolute. -Also termed judicial\nproceedings privilege; judicial privilege; defamation \nprivilege. [Cases: Libel and Slander (...'-::>38.] \nofficial privilege. (1927) The privilege immunizing \nfrom a defamation lawsuit any statement made by \none state officer to another in the course of official \nduty. [Cases: Libel and Slander C=39, 42.] \nparliamentary privilege. 1. See legislative privilege. 2. \nPRIVILEGE (5). \nprivilege from arrest. (1840) An exemption from arrest, \nas that enjoyed by members of Congress during leg\nislative sessions. U.S. Const. art. I,  6, cl. L [Cases: \nArrest (;::::>60.J \nqualified privilege. (1865) A privilege that immunizes \nan actor from suit only when the privilege is properly \nexercised in the performance of a legal or moral \nduty. -Also termed conditional privilege. Cf. absolute \nprivilege. [Cases: Libel and Slander C=41; Officers \nand Public Employees C=114; Torts 121.) \n\"Qualified privilege ... is an intermediate case between \ntotal absence of privilege and the presence of absolute \nprivilege.\" R.F.V. Heuston, Salmond on the Law ofTorts 165 \n(17th ed. 1977). special privilege. (17c) 1. A privilege granted to a person \nor class of persons to the exclusion ofothers and in \nderogation ofthe common right. 2. See personal privi\nlege under PRIVILEGE (5). \ntestimonial privilege. (1907) A right not to testify based \non a claim of privilege; a privilege that overrides a \nwitness's duty to disclose matters within the witness's \nknowledge, whether at trial or by deposition. [Cases: \nWitnesses (;::::297.) \nviatorial privilege (vI-a-tor-ee-al). (1904) A privi\nlege that overrides a person's duty to attend court in \nperson and to testify. \nwork-product privilege. See WORK-PRODUCT RULE. \n2. An affirmative defense by which a defendant \nacknowledges at least part of the conduct complained \nofbut asserts that the defendant's conduct was autho\nrized or sanctioned by law; esp., in tort law, a circum\nstance justifying or excusing an intentional tort. See \n1USTIFICATION (2). Cf. IMMUNITY (2). [Cases: Torts \n121.] 3. An evidentiary rule that gives a witness the \noption to not disclose the fact asked for, even though \nit might be relevant; the right to prevent disclosure of \ncertain information in court, esp. when the informa\ntion was originally communicated in a profeSSional or \nconfidential relationship . Assertion ofan evidentiary \nprivilege can be overcome by proof that an otherwise \nprivileged communication was made in the presence \nofa third party to whom the privilege would not apply. \n[Cases: Privileged Communications and Confidential\nity (.=:0 1, 17.J \naccountant-client privilege. (1956) The protection \nafforded to a client from an accountant's unauthor\nized disclosure ofmaterials submitted to or prepared \nby the accountant . The privilege is not Widely rec\nognized. [Cases: Privileged Communications and \nConfidentiality C=405.] \nantimarital-facts privilege. See marital privilege (2). \nattorney-client privilege. (1934) The client's right to \nrefuse to disclose and to prevent any other person \nfrom disclosing confidential communications \nbetween the client and the attorney . The privilege is \nnot Widely recognized. Also termed lawyer-client \nprivilege; client's privilege. [Cases: Privileged Com\nmunications and Confidentiality C=102.) \n'There are a number of ways to organize the essential \nelements of the attorney-client privilege to provide for \nan orderly analysis. One of the most popular is Wigmore's \nschema: '(1) Where legal advice of any kind is sought (2) \nfrom a profeSSional legal adviser in his capacity as such, \n(3) the communications relating to that purpose (4) made \nin confidence (5) by the client (6) are at his instance perma\nnently protected (7) from disclosure by himself or by the \nlegal adviser, (8) except the privilege be waived.' Though \nthis organization has its virtues, there is some question \nas to whether it completely states the modern privilege.\" \n24 Charles Alan Wright & Kenneth W. Graham Jr., Federal \nPractice and Procedure  5473, at 103-04 (1986) (quoting \n8 John Henry Wigmore, Evidence  2292, at 554 Uohn T. \nMcNaughton rev., 1961. \n\"At the present time it seems most realistic to portray \nthe attorney-client privilege as supported in part by its \n\n1318 privilege \ntraditional utilitarian justification, and in part by the \nintegral role it is perceived to play in the adversary system \nitself. Our system of litigation casts the lawyer in the role \nof fighter for the party whom he represents. A strong tra \ndition of loyalty attaches to the relationship of attorney \nand client, and this tradition would be outraged by routine \nexamination of the lawyer as to the client's confidential \ndisclosures regarding professional business. To the extent \nthat the evidentiary privilege, then, is integrally related \nto an entire code of professional conduct, it is futile to \nenvision drastic curtailment of the privilege without sub\nstantial modification of the underlying ethical system to \nwhich the privilege is merely ancillary.\" John W. Strong. \nMcCormick on Evidence  87. at 121-22 (4th ed. 1992). \nclergyman-penitent privilege. See priest-penitent \nprivilege. \nclient's privilege. See attorney-client privilege. \ndoctor-patient privilege. (1954) The right to exclude \nfrom discovery and evidence in a legal proceeding any \nconfidential communication that a patient makes to a \nphysician for the purpose of diagnosis or treatment, \nunless the patient consents to the disclosure. -Also \ntermed patient-physician privilege; physician-patient \nprivilege; physician-client privilege. [Cases: Privileged \nCommunications and Confidentiality <:';::::'202.] \neditorial privilege. See journaliSt's privilege (2). \nexecutive privilege. (1909) A privilege, based on the \nconstitutional doctrine of separation of powers, that \nexempts the executive branch of the federal govern\nment from usual disclosure requirements when the \nmatter to be disclosed involves national security \nor foreign policy. Cf. executive immunity under \nIMMUNITY (1). [Cases: Privileged Communications \nand Confidentiality \nhusband-wife privilege. See marital privilege. \ninformant's privilege. (1962) The qualified privilege \nthat a government can invoke to prevent disclosure of \nthe identity and communications ofits informants. _ \nIn exercising its power to formulate evidentiary rules \nfor federal criminal cases, the U.S. Supreme Court \nhas conSistently declined to hold that the govern\nment must disclose the identitv of informants in a \npreliminary hearing or in a cri~inal triaL McCray v. \nIllinois, 386 U.S. 300, 312, 87 S.Ct. 1056, 1063 (1967). \nA party can, however, usu. overcome the privilege \nby demonstrating that the need for the information \noutweighs the public interest in maintaining the \nprivilege. Also termed informer's privilege. [Cases: \nCriminal Law C=627.6; Privileged Communications \nand Confidentiality C=374.] \njoint-defense privilege. (1975) The rule that a defendant \ncan assert the attorney-client privilege to protect a \nconfidential communication made to a codefendant's \nla\"wyer ifthe communication was related to the defense \nofboth defendants. -Also termed common-interest \ndoctrine; common-interest privilege; common-interest \nexception. [Cases: Privileged Communications and \nConfidentiality C=122.] \njournalist's privilege. (1970) 1. A reporter's protec\ntion, under constitutional or statutory law, from being compelled to testify about confidential infor\nmation or sources. Also termed reporter's privi\nlege; newsman's privilege. See SHIELD LAW (1). [Cases: \nPrivileged Communications and ConfidentialityC= \n404.] 2. A publisher's protection against defamation \nlawsuits when the publication makes fair comment \non the actions of public officials in matters of public \nconcern. Also termed editorial privilege; common\ninterest privilege; common-interest exception. See FAIR \nCOMMENT. [Cases: Libel and Slander C=49.] \nlawyer-client privilege. See attorney-client privilege. \nmarital privilege. (1902) 1. 1he privilege allowing a \nspouse not to testify, and to prevent another person \nfrom testifying, about confidential communications \nbetween the spouses during the marriage. -Also \ntermed marital-communications privilege. [Cases: \nPrivileged Communications and Confidentiality<>;:> \n60.] 2. The privilege allowing a spouse not to testify in \na criminal case as an adverse witness against the other \nspouse, regardless of the subject matter of the testi\nmony. Also termed (in sense 2) privilege against \nadverse spousal testimony; antimarital-facts privilege. \n[Cases: Witnesses C=Sl.] 3. The privilege immuniz\ning from a defamation lawsuit any statement made \nbetween husband and wife. -Also termed (in all \nsenses) spousal privilege; husband-wife privilege. \nnational-security privilege. See state-secrets privi\nlege. \nnewsman's privilege. See journalist's privilege (1). \npatient-physician privilege. See doctor-patient privi\nlege. \npeer-review privilege. (1979) A privilege that protects \nfrom disclosure the proceedings and reports of a \nmedical facility's peer-review committee, which \nreviews and oversees the patient care and medical \nservices provided by the staff. [Cases: Privileged \nCommunications and ConfidentlalityC=422.] \nphysician-client privilege. See doctor-patient privi\nlege. \npolitical-vote privilege. A privilege to protect from \ncompulsory disclosure a vote cast in an election by \nsecret ballot. [Cases: Elections (~28.] \npriest-penitent privilege. (1958) The privilege barring \na clergy member from testifying about a confessor's \ncommunications. -Also termed clergyman-penitent \nprivilege. [Cases: Privileged Communications and \nConfidentiality C=403.] \nprivacy privilege. A defendant's right not to disclose \nprivate information unless the plaintiff can show that \n(1) the information is directly relevant to the case, \nand (2) the plaintiff's need for the information out\nweighs the defendant's need for nondisclosure. -This \nprivilege is recognized in California but in few other \njurisdictions. [Cases: Witnesses C=184(1).] \nprivilege against adverse spousal testimony. See \nmarital privilege (2). \n\n1319 \nprivilege against self-incrimination. Criminal law. 1. \nRIGHT AGAINST SELF-INCRIMINATION. 2. A criminal \ndefendant's right not to be asked any questions by the \njudge or prosecution unless the defendant chooses \nto testify. Also termed right not to be questioned. \n[Cases: Witnesses~299.1 \n\"According to the rule, neither the judge nor the"}
{"text": "questioned. \n[Cases: Witnesses~299.1 \n\"According to the rule, neither the judge nor the prosecu\ntion is entitled at any stage to question the accused unless \nhe chooses to give evidence .... This rule may be called \nthe accused's right not to be questioned; in America it is \ntermed the privilege against selfincrimination. The latter \nexpression is more apt as the name for another rule, the \nprivilege of any witness to refuse to answer an incriminat \ning question; this is different from the rule under discus \nsion, which, applying only to persons accused of crime, \nprevents the question from being asked. The person \ncharged with crime has not merely the liberty to refuse to \nanswer a question incriminating himself; he is freed even \nfrom the embarrassment of being asked the question.\" \nGlanville Williams, The ProofofGuilt 37-38 (3d ed. 1963). \npsychotherapist-patient privilege. (1968) A privilege \nthat a person can invoke to prevent the disclosure \nof a confidential communication made in the course \nof diagnosis or treatment of a mental or emotional \ncondition by or at the direction of a psychothera\npist -The privilege can be overcome under certain \nconditions, as when the examination is ordered by a \ncourt. -Also termed psychotherapist-client privilege. \n[Cases: Privileged Communications and Confidenti\nality~312.] \nreporter's privilege. See journalist's privilege (1). \nself-critical-analysis privilege. (1982) A privilege pro\ntecting individuals and entities from divulging the \nresults of candid assessments of their compliance with \nlaws and regulations, to the extent that the assess\nments are internal, the results were intended from \nthe outset to be confidential, and the information is \nofa type that would be curtailed if it were forced to \nbe disclosed. _ This privilege is founded on the public \npolicy that it is beneficial to permit individuals and \nentities to confidentially evaluate their compliance \nwith the law, so that they will monitor and improve \ntheir compliance with it. Also termed self-policing \nprivilege; self-evaluation privilege. [Cases: Privileged \nCommunications and Confidentiality ~418.1 \nspousal privilege. See marital privilege. \nstate-secrets privilege. (1959) A privilege that the \ngovernment may invoke against the discovery of a \nmaterial that, if divulged, could compromise national \nsecurity. -Also termed national-security privilege. \n[Cases: Privileged Communications and Confiden\ntiality ~360.] \ntax-return privilege. A privilege to refuse to divulge \nthe contents of a tax return or certain related docu\nments. -The privilege is founded on the public policy \nof encouraging honest tax returns. [Cases: Witnesses \nC::::C216(2).] \n4. Civil law. A creditor's right, arising from the nature \nof the debt, to priority over the debtor's other credi\ntors. 5. Parliamentary law. The status of a motion as \noutranking other business because of its relationship privileged \nto the meeting's or a member's rights. -Also termed \nparliamentary privilege. See question ofprivilege under \nQUESTION (3). \ngeneral privilege. A privilege that concerns the delib\nerative assembly as a body, rather than any partic\nular member or members. Also termed privilege \nofthe assembly; privilege of the house. Cf. personal \nprivilege. \nparliamentary privilege. 1. A privilege under parlia\nmentary law. 2. See legislative privilege under PRIVI\nLEGE (1). \npersonal privilege. A privilege that concerns an indi\nvidual member or members (e.g., a member's reputa\ntion or physical ability to hear the proceedings) rather \nthan the deliberative assembly generally. -Also \ntermed special privilege. See procedural point under \nPOINT. Cf. general privilege. \nprivilege ofthe assembly. See general privilege. \nprivilege ofthe floor. Parliamentary law. (usu. pl.) 1be \nright ofentering, passing through, and sitting on the \nfloor during a meeting. See FLOOR (1). \n\"The expression 'privileges of the floor,' sometimes used \nin legislative bodies or conventions, has nothing to do with \nhaving the floor, but means merely that a person is permit\nted to enter the hall. It carries no right to speak or any other \nright of membership, except as may be determined by rules \nor action of the body.\" Henry M. Robert, Robert's Rules of \nOrder Newly Revised  3, at 28 n. (1 Oth ed. 2000). \nprivilege ofthe house. See general privilege. \nspecial privilege. See personal privilege. \nprivileged, adj. 1. Not subject to the usual rules or liabili\nties; esp., not subject to disclosure during the course \nof a lawsuit <a privileged document>. 2. Enjoying \nor subject to a privilege. See privileged motion under \nMOTION (2). \nprivileged communication. See COMMUNICATION. \nprivileged copyhold. See COPYHOLD. \nprivileged debt. See DEBT. \nprivileged evidence. See EVIDENCE. \nprivileged motion. See MOTION (2). \nprivileged question. See QUESTION (3). \nprivileged subscription. See rights offering under \nOFFERING. \nprivileged villeinage. See VILLEINAGE. \nprivilege from arrest. See PRIVILEGE (1). \nprivilege ofpalace. The exemption of a dwelling that is \nused as a royal residence from the execution of legal \nprocess within its precincts. -The monarch does not \nhave to be in residence at the time but must intend to \nretain the power to take up personal residence in the \ndwelling at will. Not all palaces are royal residences; \nEngland's Westminster Palace, for example, is occupied \nby the Parliament of the United Kingdom, not the \nqueen, who relinquished all control of the palace in \n1965. \n\n1320 Privileges and Immunities Clause \nPrivileges and Immunities Clause. (1911) The con\nstitutional provision (U.S. Const. art. IV,  2, d. 1) \nprohibiting a state from favoring its own citizens by \ndiscriminating against other states' citizens who come \nwithin its borders. [Cases: Constitutional Law \n2935-2963.] \nPrivileges or Immunities Clause. (1918) The constitu\ntional provision (U.S. Const. amend. XIV,  1) prohibit\ning state laws that abridge the privileges or immunities \nof U.S. citizens. _ The clause was effectively nullified \nby the Supreme Court in the Slaughter-House Cases, \n83 U.S. (16 Wall.) 36 (1873). Cf. DUE PROCESS CLAUSE; \nEQUAL PROTECTION CLAUSE. [Cases: Constitutional \nLaw (;::::>291O-2932.J \nprivilege tax. See TAX. \nprivilegium (priv-<l-lee-jee-<lm), n. [Latin]!. Roman law. \nA law passed against or in favor of a specific individual. \n2. Roman law. A special right, esp. one giving priority \nto a creditor. 3. CilJillaw. Every right or favor that is \ngranted by the law but is contrary to the usual rule. \nprivilegium clericale (priv-<l-lee-jee-dm kler-d-kay-Iee). \n[Law Latin] See BENEFIT OF CLERGY. \nprivity (priv-<l-tee). (16c) 1. The connection or relation\nship between two parties, each having a legally rec\nognized interest in the same subject matter (such as a \ntransaction, proceeding, or piece of property); mutual\nity of interest <privity ofcontract>. [Cases: Contracts \n(::::: 186; Judgment (:::::678(2).] \nhorizontal privity. (1968) Commercial law. The legal \nrelationship between a party and a nonparty who is \nrelated to the party (such as a buyer and a member of \nthe buyer's family). [Cases; Sales (:::::255.] \nprivity ofblood. (16c) 1. Privity between an heir and an \nancestor. 2. Privity between coparceners. \nprivity ofcontract. (17c) Ihe relationship between \nthe parties to a contract, allOWing them to sue each \nother but preventing a third party from doing so. \nThe requirement of privity has been relaxed under \nmodern laws and doctrines ofimplied warranty and \nstrict liability, which allow a third-party beneficiary \nor other foreseeable user to sue the seller of a defective \nproduct. [Cases: Contracts C= 186; Sales (,~'255.] \n'To many students and practitioners of the common law \nprivity of contract became a fetish. As such, it operated \nto deprive many a claimant of a remedy in cases where \naccording to the mores of the time the claim was just. It \nhas made many learned men believe that a chose in action \ncould not be assigned. Even now, it is gravely asserted \nthat a man cannot be made the debtor of another against \nhis will. But the common law was gradually influenced by \nequity and by the law merchant, so that by assignment \na debtor could become bound to pay a perfect stranger \nto himself, although until the legislature stepped in, the \ncommon-law courts characteristically made use of a fiction \nand pretended that they were not doing that which they \nreally were doing.\" William R. Anson, Principles of the Law \nofContract 335 (Arthur L. Corbin ed., 3d Am. ed. 1919). \n\"It is an elementary principle of English law -known as the \ndoctrine of 'Privity of Contract' -that contractual rights \nand duties only affect the parties to a contract, and this \nprinciple is the distinguishing feature between the law of contract and the law of property. True proprietary rights \nare 'binding on the world' in the lawyer's traditional phrase, \nContractual rights, on the other hand, are only binding on, \nand enforceable by, the immediate parties to the contract. \nBut this distinction, fundamental though it be, wears a little \nthin at times. On the one hand, there has been a constant \ntendency for contractual rights to be extended in their \nscope so as to affect more and more persons who cannot \nbe regarded as parties to the transaction. On the other \nhand, few proprietary rights are literally 'binding on the \nworld'.\" P.S. Atiyah, An Introduction to the Law ofContract \n265 (3d ed. 1981). \n\"The doctrine of privity means that a person cannot \nacquire rights or be subject to liabilities arising under a \ncontract to which he is not a party. It does not mean that \na contract between A and B cannot affect the legal rights \nof C indirectly.\" C.H. Treitel, The Law of Contract 538 (8th \ned.1991). \nprivity ofestate. (17c) A mutual or successive relation\nship to the same right in property, as between grantor \nand grantee or landlord and tenant. -Also termed \nprivity oftitle; privity in estate. [Cases: Landlord and \nTenant (;::::>20, \nprivity afpossession. (1818) Privity between parties in \nsuccessive possession of real property. -The existence \nof this type of privity is often at issue in adverse-pos\nsession claims. [Cases: Adverse Possession (:::::43.] \nprivity oftitle. See privity ofestate. \nvertical privity. (1968) 1. Commercial law. The legal \nrelationship between parties in a product's chain of \ndistribution as a manufacturer and a seller). \n[Cases: Sales 2. Privity between one who \nsigns a contract containing a restrictive covenant and \none who acquires the property burdened by it. \n2. Joint knowledge or awareness of something private \nor secret, esp. as implying concurrence or consent \n<privity to a crime>. \nprivy (priv-ee), n. pl. (15c) A person haVing a legal \ninterest ofprivity in any action, matter, or property; a \nperson who is in privity with another. -Traditionally, \nthere were six types ofprivies: (1) privies in blood, such \nas an heir and an ancestor; (2) privies in representation, \nsuch as an executor and a testator or an administra\ntor and an intestate person; (3) privies in estate, such \nas grantor and grantee or lessor and lessee; (4) privies \nin respect to a contract the parties to a contract; (5) \nprivies in respect ofestate and contract, such as a lessor \nand lessee where the lessee assigns an interest, but the \ncontract between lessor and lessee continues because \nthe lessor does not accept the assignee; and (6) privies \nin law, such as husband and wife. The term also appears \nin the context of litigation. In this sense, it includes \nsomeone who controls a lawsuit though not a party to \nit; someone whose interests are represented by a party \nto the lawsuit; and a successor in interest to anyone \nhaving a derivative claim. PI. privies. \nPrivy Council. In Britain, the principal council of the \nsovereign, composed ofthe cabinet ministers and other \npersons chosen by royal appointment to serve as privy \ncouncillors. -The functions of the Privy Council are \n\n1321 probate \nnow mostly ceremoniaL See JUDICIAL COMMITTEE OF \nTHE PRIVY COUNCIL. \nPrivy Councillor. A member of the Privy Council. -\nAbbr. P.e. \nprivy purse. English law. The income set apart for the \nsovereign's personal use. \nprivy seal. 1. A seal used in making out grants or letters \npatent before they are passed under the great seal. 2. \n(cap.) LORD PRIVY SEAL. \nprivy signet. Hist. The signet or seal used by the sover\neign in making out grants and private letters. \nprivy verdict. See VERDICT. \nprize. 1. Something ofvalue awarded in recognition ofa \nperson's achievement. 2. A vessel or cargo captured at \nsea or seized in port by the forces ofa nation at war, and \ntherefore liable to being condemned or appropriated as \nenemy property. [Cases: War and National Emergency \nC-'--::>28.] \nprize court. See COURT. \nprize fighting. Fighting for a reward or prize; esp., pro\nfessional boxing. [Cases: Public Amusement and Enter\ntainment (~27.] \n\"Prize fighting ... was not looked upon with favor by the \ncommon law as was a friendly boxing match or wrestling \nmatch. On the other hand it"}
{"text": "... was not looked upon with favor by the \ncommon law as was a friendly boxing match or wrestling \nmatch. On the other hand it was not punishable by the \ncommon law unless it was fought in a public place, or for \nsome other reason constituted a breach of the peace.\" \nRollin M. Perkins & Ronald N. Boyce, Criminal Law 480 \n(3d ed. 1982). \nprize goods. See GOODS. \nprize law. The system of laws applicable to the capture \nof prize at sea, dealing with such matters as the rights \nofcaptors and the distribution ofthe proceeds. [Cases: \nWar and National Emergency C=>28.] \nprize money. 1. A dividend from the proceeds of a \ncaptured vessel, paid to the captors. 2. Money offered \nasan award. \nPRM. abbr. BUREAU OF POPULATION, REFUGEES, AND \nMIGRATION. \nPRO. abbr. PEER-REVIEW ORGANIZATION. \npro (proh). [Latin] (15c) For. \nproamita (proh-am-;l-t;l). [Latin] Roman & civil law. A \ngreat-great aunt; the sister ofone's great-grandfather. \nproamita magna (proh-am-;l-t;l mag-m). [Latin] Civil \nlaw. A great-great-great-aunt. \nproavia (proh-ay-vee-;l). [Latin] Roman & civil law. A \ngreat-grandmother. \nproavunculus (proh-;l-v<Jngk-Y;l-I;ls). [Latin] Civil law. \nA great-grandmother's brother. \nproavus. Civil law. A great-grandfather. \nprobabilis causa (pr;l-bay-ba-lis kaw-zd). [Latin] \nProbable cause. \nprobabilis causa Wigandi (pfa-bab-a-lis kaw-zd !it\ni-gan-dI). [Law Latin] Scots law. A probable cause of action. A person applying for legal aid has to show a \nreasonable basis for the proposed legal action. \nprobable cause. (16c) 1. Criminal law. A reasonable \nground to suspect that a person has committed or is \ncommitting a crime or that a place contains specific \nitems connected with a crime. Under the Fourth \nAmendment, probable cause -which amounts to \nmore than a bare suspicion but less than evidence that \nwould justify a conviction must be shown before an \narrest warrant or search warrant may be issued. Also \ntermed reasonable cause; sufficient cause; reasonable \ngrounds; reasonable excuse Cf. reasonable suspicion \nunder SUSPICION. [Cases: Arrest C=>63.4(2).] \n\"Probable cause may not be established simply by showing \nthat the officer who made the challenged arrest or search \nsubjectively believed he had grounds for his action. As \nemphasized in Beck v. Ohio [379 U.S. 89, 85 S.Ct. 223 \n(1964)J: 'If subjective good faith alone were the test, the \nprotection of the Fourth Amendment would evaporate, \nand the people would be \"secure in their persons, houses, \npapers, and effects\" only in the discretion of the police.' \nThe probable cause test, then, is an objective one; for there \nto be probable cause, the facts must be such as would \nwarrant a belief by a reasonable man.\" Wayne R. LaFave \n& Jerold H. Israel. Criminal Procedure  3.3, at 140 (2d \ned.1992). \n2. Torts. A reasonable belief in the existence of facts \non which a claim is based and in the legal validity \nof the claim itself. In this sense, probable cause is \nusu. assessed as of the time when the claimant brings \nthe claim (as by filing suit). 3. A reasonable basis to \nsupport issuance of an administrative warrant based \non either (1) specific evidence of an existing violation \nof administrative rules, or (2) evidence showing that a \nparticular business meets the legislative or administra\ntive standards permitting an inspection ofthe business \npremises. [Cases: Searches and Seizures ~129.] \nprobable-cause hearing. 1. See PRELIMINARY HEARING. \n2. See shelter hearing under HEARING. \nprobable consequence. (16c) An effect or result that \nis more likely than not to follow its supposed cause. \n[Cases: Negligence C:\",\">386.] \nprobable-desistance test. (1974) Criminal law. A \ncommon-law test for the crime of attempt, focusing \non whether the defendant has exhibited dangerous \nbehavior indicating a likelihood of committing the \ncrime. See ATTEMPT (2). \nprobable evidence. See presumptive evidence under \nEVIDENCE. \nprobandum (proh-ban-dam), n. A fact to be proved. See \nfact in issue under FACT. PI. probanda. \nprobata (proh-bay-t;l). [Latin] pl. PROBATUM. \nprobate (proh-bayt), n. (ISc) 1. The judicial procedure by \nwhich a testamentary document is established to be a \nvalid will; the proving ofa will to the satisfaction ofthe \ncourt.  Unless set aside, the probate of a will is con\nclusive upon the parties to the proceedings (and others \nwho had notice ofthem) on all questions of testamen\ntary capacity, the absence offraud or undue influence, \nand due execution of the will. But probate does not \n\n1322 probate \npreclude inquiry into the validity of the will's provi\nsions or on their proper construction or legal effect. \nAlso termed proofofwill. [Cases: Wills C=>203-434.] \nindependent probate. See informal probate. \ninformal probate. (1974) Probate designed to operate \nwith minimal input and supervision of the probate \ncourt.  Most modern probate codes encourage this \ntype ofadministration, with an independent personal \nrepresentative. -Also termed independent probate. \nCf. independent executor under EXECUTOR. [Cases: \nExecutors and Administrators C=>3(1).] \nprobate in common form. Probate granted in the \nregistry, without any formal procedure in court, on \nthe executor's ex parte application . The judgment \nis subject to being reopened by a party who has not \nbeen given notice. [Cases: Wills C=>213.] \nprobate in solemn form. Probate granted in open court, \nas a final decree, when all interested parties have been \ngiven notice . The judgment is final for all parties \nwho have had notice ofthe proceeding, unless a later \nwill is discovered. [Cases: Wills C=>214.] \nsmall-estate probate. (2004) An informal procedure \nfor administering small estates, less structured than \nthe normal process and usu. not requiring the assis\ntance ofan attorney. \n2. Loosely, a personal representative's actions in \nhandling a decedent's estate. 3. Loosely, all the subjects \nover which probate courts have jurisdiction. 4. Archaic. \nA nonresident plaintiff's proof of a debt by swearing \nbefore a notary public or other officer that the debt is \ncorrect, just, and due, and by having the notary attach \na jurat. \nprobate, vb. (18c) 1. To admit (a will) to proof. 2. To \nadminister (a decedent's estate). 3. To grant probation \nto (a criminal); to reduce (a sentence) by means ofpro\nbation. \nprobate asset. See legal asset under ASSET. \nprobate bond. See BOND (2). \nprobate code. (1931) A collection ofstatutes setting forth \nthe law (substantive and procedural) of decedents' \nestates and trusts. [Cases: Wills C=>204.] \nprobate court. See COURT. \nprobate distribution. See DISTRIBUTION. \nprobate duty. See DUTY (4). \nprobate estate. (1930) A decedent's property subject \nto administration by a personal representative . \nThe probate estate comprises property owned by the \ndecedent at the time of death and property acquired \nby the decedent's estate at or after the time ofdeath. \nAlso termed probate property. See decedent's estate \nunder ESTATE (3). [Cases: Executors and Administra\ntors C=>38-61; Wills C=>4.] \nnetprobate estate. The probate estate after the follow\ning deductions: (1) family allowances, (2) exempt \nproperty, (3) homestead allowances, (4) claims \nagainst the estate, and (5) taxes for which the estate is liable. -Also termed net estate. Cf. adjusted gross \nestate (1) under ESTATE (3). [Cases: Internal Revenue \nC=>4149-4185; Taxation C=>3351.] \nprobate fee. See FEE (1). \nprobate homestead. See HOMESTEAD. \nprobate in common form. See PROBATE. \nprobate in solemn form. See PROBATE. \nprobate judge. See JUDGE. \nprobate jurisdiction. See JURISDICTION. \nprobate law. The body of statutes, rules, cases, etc. gov\nerning all subjects over which a probate court has juris\ndiction. \nprobate property. See PROBATE ESTATE. \nprobate register. See REGISTER. \nprobatio (pra-bay-shee-oh). [Latin] Roman & civil law. \nProof. \nplena probatio. See probatio plena. \nprobatio diabolica (pra-bay-shee-oh dI-a-bol-i-b). \n[Latin \"devil's proof\"] Civil law. The (usu. difficult) \nproofofownership ofan immovable thing by tracing \nits title back to the sovereign. \nprobatio mortua (pra-bay-shee-oh mor-choo-a). \n[Latin] Dead proof; proof by an inanimate object such \nas a deed or other instrument. \nprobatio plena (pra-bay-shee-oh plee-m). [Latin] Civil \nlaw. Full proof; proof by two witnesses or a public \ninstrument. -Also termed plena probatio. \nprobatio probata (pra-bay-shee-oh pra-bay-ta). [Law \nLatin] A proven proof; evidence that could not be \ncontradicted. \nprobatio prout dejure (proh-bay-shee-oh proh-at dee \n[or di] joor-ee). [Law Latin] A proof according to any \nof the legal modes ofproof applicable to the circum\nstance. \nprobatio semi-plena (pra-bay-shee-oh sem -I -plee-na). \n[Latin] Civil law. Half-full proof; half-proof; proof by \none witness or a private instrument. \nprobatio viva (pra-bay-shee-oh VI-va). [Latin] Living \nproof; that is, proof by the mouth ofa witness. \nprobation. (16c) 1. A court-imposed criminal sentence \nthat, subject to stated conditions, releases a convicted \nperson into the community instead of sending the \ncriminal to jail or prison. Cf. PAROLE. [Cases: Sentenc\ning and Punishment C=> 1811.] -probationary, adj. \nbench probation. (1966) Probation in which the \noffender agrees to certain conditions or restrictions \nand reports only to the sentencing judge rather than \na probation officer. -Also termed bench parole; court \nprobation. [Cases: Sentencing and Punishment C=> \n1969.] \ndeferred-adjudication probation. See deferred \njudgment under JUDGMENT. \nshock probation. (1972) Probation that is granted \nafter a brief stay in jail or prison. Shock probation \n\n1323 \nis intended to awaken the defendant to the reality of \nconfinement for failure to abide by the conditions of \nprobation. This type of probation is discretionary \nwith the sentencing judge and is usu. granted within \n180 days of the original sentence. Also termed \nsplit sentence. Cf. shock incarceration under INCAR\nCERATION. [Cases: Sentencing and Punishment \n1936.] \n2. The act ofjudicially proving a wilL See PROBATE. \nprobate, adj. \nprobationary employee. See EMPLOYEE. \nprobation before judgment. See deferred judgment \nunder JUDGMENT. \nprobationer. A convicted criminal who is on proba\ntion. \nprobation officer. See OFFICER (1). \nprobation termination. (1970) The ending of a person's \nstatus as a probationer by (1) the routine expiration of \nthe probationary period, (2) early termination by court \norder, or (3) probation revocation. [Cases: Sentencing \nand Punishment Cr~1948, 1953, 2000-2041.] \nprobation-violation warrant. See violation warrant \nunder WARRANT (1). \nprobation without judgment. See deferred judgment \nunder JUDGMENT. \nprobatio plena. See PROBATIO. \nprobatio semi-plena. See PROBATIO. \nprobatio viva. See PROBATIO. \nprobative (proh-b,,-tiv), adj. (17c) Tending to prove or \ndisprove . Courts can exclude relevant evidence if \nits probative value is substantially outweighed by the \ndanger of unfair prejudice. Fed. R. Evid. 403. [Cases: \nCriminal Law ~338(l), 338(7); Evidence C)99, \n146.]- probativeness, probativity, n. \nprobative evidence. See EVIDENCE. \nprobative fact. See FACT. \nprobative similiarity. See substantial similarity under \nSIMILARITY. \nprobator (proh-bay-t<lr), n. Hist. An accused person who \nconfesses to a crime but asserts that another also par\nticipated in the crime . The probator had to undertake \nto prove the supposed accomplice's guilt. \nprobatory term. See term probatory (2) under TERM \n(5). \nprobatum (proh-bay-t;:Jm), n. [Latin] Something con\nclusively established or proved; proof. PI. probata. Cf. \nALLEGATUM. \nproblem-oriented policing. (1986) A method that law\nenforcement officers use to reduce crime by identify\ning and remedying the underlying causes of criminal \nincidents rather than merely seeking basic information \n(such as the identity ofthe perpetrator) about the crime \nbeing investigated. \nproblem"}
{"text": "rather than merely seeking basic information \n(such as the identity ofthe perpetrator) about the crime \nbeing investigated. \nproblem-solving court. See COURT. procedure \npro bono (proh boh-noh), adv. & adj. [Latin pro bono \npublico \"for the public good\"] (1966) Being or involv\ning uncompensated legal services performed esp. for \nthe public good <took the case pro bono> <50 hours of \npro bono work each year>. [Cases: Attorney and Client \nC=',23, 132.] \n\"The bar in this country has a long-standing tradition of \nservice pro bono publico -legal services 'for the public \ngood,' provided at no cost or a reduced fee. This concept \nencompasses a wide range of activities, including law \nreform efforts, participation in bar associations and civic \norganizations, and individual or group representation. \nClients who receive such assistance also span a broad \nrange including: poor people, nonprofit organizations, \nideological or political causes, and friends, relatives, or \nemployees of the lawyer.\" Deborah L. Rhode & Geoffrey C. \nHazard, ProfeSSional Responsibility 162 (2002). \npro bono et malo (proh boh-noh et mal-oh). [Latin] For \ngood and ill. See DE BONO ET MALO. \npro bono publico (proh boh-noh p3b-li-koh orpoo-bli\nkohl. [Latin] Hist. For the public good. Cf. PRO PRIVATO \nCOM MODO. \nprobus et legalis homo (proh-b<'ls et la-gay-lis hoh-moh). \n[Law Latin] A good and lawful man. This phrase \nreferred to a juror who was legally competent to serve \non a jury. PI. probi et legales homines. \nprocedendo (proh-s,,-den-doh). [Latin] A higher court's \norder directing a lower court to determine and enter a \njudgment in a preViously removed case. \nprocedendo ad judicium. See DE PROCEDENDO AD \nJUDICIUM. \nprocedural consolidation. See JOINT ADMINISTRA\nTION. \nprocedural-default doctrine. (1980) The principle that \na federal court lacks jurisdiction to review the merits \nofa habeas corpus petition if a state court has refused \nto review the complaint because the petitioner failed \nto follow reasonable state-court procedures. [Cases: \nHabeas Corpus ~':J313-43L] \nprocedural due process. See DUE PROCESS. \nprocednrallaw. (1896) The rules that prescribe the \nsteps for having a right or duty judicially enforced, as \nopposed to the law that defines the specific rights or \nduties themselves. Also termed adjective law. Cf. \nSUBSTANTIVE LAW. [Cases: Statutes (;::J242.] \nprocedural main motion. See incidental main motion \nunder MOTION (2). \nprocedural motion. See MOTION (2). \nprocedural point. See POINT. \nprocedural presumption. See PRESUMPTION. \nprocedural right. See RIGHT. \nprocedural unconscionability. See UNCONSCIONABIL\nITY. \nprocedure. (16c) 1. A specific method or course of \naction. 2. The judicial rule or manner for carrying on \na civil lawsuit or criminal prosecution. -Also termed \n\nproceeding 1324 \nrules ofprocedure. See CIVIL PROCEDURE; CRIMINAL \nPROCEDURE. \nproceeding. (16c) 1. The regular and orderly progres\nsion ofa lawsuit, including all acts and events between \nthe time ofcommencement and the entry ofjudgment. \n2. Any procedural means for seeking redress from a \ntribunal or agency. 3. An act or step that is part of a \nlarger action. 4. The business conducted by a court or \nother official body; a hearing. 5. Bankruptcy. A particu\nlar dispute or matter arising within a pending case \nas opposed to the case as a whole. [Cases: Bankruptcy \nC=>2156.] \n'''Proceeding' is a word much used to express the business \ndone in courts. A proceeding in court is an act done by the \nauthority or direction of the court, express or implied. It \nis more comprehensive than the word 'action,' but it may \ninclude in its general sense all the steps taken or measures \nadopted in the prosecution or defense of an action, includ\ning the pleadings and judgment. As applied to actions, the \nterm 'proceeding' may include-(l) the institution of the \naction; (2) the appearance of the defendant; (3) all ancil\nlary or provisional steps, such as arrest, attachment of \nproperty, garnishment, injunction, writ of ne exeat; (4) the \npleadings; (5) the taking of testimony before trial; (6) all \nmotions made in the action; (7) the trial; (8) the judgment; \n(9) the execution; (10) proceedings supplementary to \nexecution, in code practice; (11) the taking of the appeal \nor writ of error; (12) the remittitur, or sending back of the \nrecord to the lower court from the appellate or reviewing \ncourt; (13) the enforcement of the judgment, or a new trial, \nas may be directed by the court of last resort.\" Edwin E. \nBryant, The Law of Pleading Under the Codes of Civil Pro\ncedure 3-4 (2d ed. 1899). \nadjudicatory proceeding. See adjudication hearing \nunder HEARING. \nadministrative proceeding. See ADMINISTRATIVE PRO\nCEEDING. \ncollateral proceeding. (18c) A proceeding brought to \naddress an issue incidental to tbe principal proceed\ning. \ncompetency proceeding. (1925) A proceeding to assess \na person's mental capacity . A competency hearing \nmay be held either in a criminal context to determine \na defendant's competency to stand trial or as a civil \nproceeding to assess whether a person should be com\nmitted to a mental-health facility or should have a \nguardian appointed to manage the person's affairs. \ncontempt proceeding. (1859) A judicial or quasi-judicial \nhearing conducted to determine whether a person \nhas committed contempt. [Cases: Contempt (~40.1 \ncore proceeding. See CORE PROCEEDING. \ncriminal proceeding. (16c) A proceeding instituted to \ndetermine a person's guilt or innocence or to set a \nconvicted person's punishment; a criminal hearing \nor trial. \nex parte proceeding (eks pahr-tee). (l8c) A proceed\ning in which not all parties are present or given the \nopportunity to be heard. Also termed ex parte \nhearing. \nin camera proceeding (in kam-a-ra). (1958) A proceed\ning held in a judge's chambers or other private place. [Cases: Pretrial Procedure C=>411; Privileged Com\nmunications and Confidentiality C=>31.] \ninformal proceeding. (l8c) A trial conducted in a more \nrelaxed manner than a typical court trial, such as an \nadministrative hearing or a trial in small-claims \ncourt. Administrative Law and Procedure \nC=>469; Courts \ninvoluntary proceeding. See involuntary bankruptcy \nunder BANKRUPTCY. \njudicial proceeding. (16c) Any court proceeding; any \nproceeding initiated to procure an order or decree, \nwhether in law or in equity. \nnoncore proceeding. See RELATED PROCEEDING. \nposttrial proceeding. Action on a case that occurs after \nthe trial is completed. \nproceeding in rem. A proceeding brought to affect \nall persons' interests in a thing that is subject to the \npower ofa state. [Cases: Action (.'=' 16.] \nproceeding quasi in rem. A proceeding brought to \naffect particular persons' interests in a thing. [Cases: \nAction C=> 16.] \nquasi-criminal proceeding. Procedure. A civil proceed\ning that is conducted in conformity with the rules of \na criminal proceeding because a penalty analogous \nto a criminal penalty may apply, as in some juvenile \nproceedings. -For example, juvenile delinquency is \nclassified as a civil offense. But like a defendant in \na criminal trial, an accused juvenile faces a poten\ntialloss So criminal procedure rules apply. \n[Cases: Action Infants C=> 194.1, 195.] \nrelated proceeding. See RELATED PROCEEDING. \nspecial proceeding. (18c) 1. A proceeding that can be \ncommenced independently of a pending action and \nfrom which a final order may be appealed immedi\nately. 2. A proceeding involving statutory or civil \nremedies or rules rather than the rules or remedies \nordinarily available under rules ofprocedure; a pro\nceeding proViding extraordinary relief. [Cases: Action \n(::=20.] \nsummary proceeding. (l7c) A nonjury proceeding that \nsettles a controversy or disposes of a case in a rela\ntively prompt and simple manner. Also termed \nsummary trial. Cf. plenary action under ACTION (4). \n\"Summary proceedings were such as were directed by Act \nof Parliament, there was no jury, and the person accused \nwas acquitted or sentenced only by such person as statute \nhad appointed for his judge. The common law was wholly \na stranger to summary proceedings.\" A.H. Manchester, \nModern Legal History of England and Wales, /750-/950 \n160 (1980). \nsupplementary proceeding. (l7c) 1. A proceeding held \nin connection with the enforcement ofa judgment, for \nthe purpose of identifying and locating the debtor's \nassets available to satisfy the judgment. 2. A proceed\ning that in some way supplements another. [Cases: \nExecution (~=>358; Federal Civil Procedure \n2707.] \nproceedings below. See STATEMENT OF THE CASE (1). \n\n1325 process \nproceeds (proh-seedz), n. (13c) 1. The value ofland, \ngoods, or investments when converted into money; the \namount of money received from a sale <the proceeds \nare subject to attachment>. 2. Something received upon \nselling, exchanging, collecting, or otherwise dispos\ning ofcollateral. UCC  9-102(a)(67) . Proceeds differ \nfrom other types of collateral because they constitute \nany collateral that has changed in form. For example, \nif a farmer borrows money and gives the creditor a \nsecurity interest in the harvest, the harvested wheat is \ncollateral. Ifthe farmer then exchanges the harvest for \na tractor, the tractor becomes the proceeds ofthe wheat. \n[Cases: Secured Transactions (;:::J 164.] \nnet proceeds. (18c) The amount received in a trans\naction minus the costs of the transaction (such as \nexpenses and commissions). -Also termed net \nbalance. \nproceeds and avails. 'The cash-surrender value ofa life\ninsurance policy, together with values built up since the \npolicy's issue date and the benefits payable on maturity \nand at the death ofthe insured. [Cases: Exemptions (;:::J \n50(1); Insurance C-=>3487.J \nproceres (pros-d-reez). [Latin] Nobles; lords. See DOMUS \nPROCERUM. \nprocess, n. (14c) 1. The proceedings in any action or \nprosecution <due process of law>. 2. A summons or \nwrit, esp. to appear or respond in court <service of i \nprocess>. Also termed judicial process; legal process. \n[Cases: Federal Civil Procedure (;:::J401; Process \n1,3.] \n\"Process is so denominated because it proceeds or issues \nforth in orderto bring the defendant into court, to answer \nthe charge preferred against him, and signifies the writs \nor judicial means by which he is brought to answer.\" 1 \nJoseph Chitty, A Practical Treatise on the Criminal Law 338 \n(2d ed. 1826). \n\"The term 'process' is not limited to 'summons.' In its \nbroadest sense it is equivalent to, or synonymous with, \n'procedure: or 'proceeding.' Sometimes the term is also \nbroadly defined as the means whereby a court compels a \ncompliance with its demands. \n\"'Process' and 'writ' or 'writs' are synonymous, in the sense \nthat every writ is a process, and in a narrow sense of the \nterm 'process' is limited to judicial writs in an action, or \nat least to writs or writings issued from or out of a court, \nunder the seal thereof and returnable thereto; but it is not \nalways necessary to construe the term so strictly as to limit \nit to a writ issued by a court in the exercise of its ordinary \njurisdiction.\" 72 CJ5 Process  2, at 589 (l987). \nalias process. A process issued after an earlier process \nhas failed for some reason . Among the types of \nalias process are alias execution, alias subpoena, alias \nsummons, and alias writ. [Cases: Process (;:::J45.j \nbailable process. A process instructing an officer to \ntake bail after arresting a defendant.  The defen\ndant's discharge is required by law after the tender \nof suitable security. \ncivil process. A process that issues in a civil lawsuit. \n[Cases: Federal Civil Procedure ~'-;)401; Process <.r'-::> \n1.] compulsory process. A process, with a warrant to arrest \nor attach included, that compels a person to appear in \ncourt as a witness. [Cases: Witnesses C=)2.j \ncriminal process. A process (such as an arrest warrant) \nthat issues to compel a person to answer for a crime. \n[Cases: Criminal LawC=:0216.J \ndefective process. Void or voidable process. See void \nprocess; voidable process. \nfinal process. A process issued at the conclusion of a \njudicial proceeding; esp., a writ ofexecution. [Cases: \nExecution \nirregular process. A process not issued in accordance \nwith prescribed practice . Whether the process is \nvoid or merely voidable depends on the type ofirregu\nlarity. Cf. regular process. \nlegal process. Process validly issued. -Also termed \nlawful process. \nmesne process (meen). 1. A process issued between the \ncommencement ofa lawsuit and the final judgment or \ndetermination. 2. The procedure by which a contuma\ncious defendant is compelled to plead. Also termed \nwrit ofmesne process; writ ofmesne."}
{"text": "by which a contuma\ncious defendant is compelled to plead. Also termed \nwrit ofmesne process; writ ofmesne. \noriginal process. A process issued at the beginning ofa \njudicial proceeding. [Cases: Process C=>1.] \n\"Original process is any writ or notice by which a defen\ndant is called upon to appear and answer the plaintiff's \ndeclaration. The commencement of the suit at common \nlaw was formerly by original writ. Judicial process was by \nsummons, attachment, arrest and outlawry.\" Benjamin J. \nShipman, Handbook of CommonLaw Pleading  3, at 17 \n(Henry Winthrop Ballantine ed., 3d ed. 1923). \nregular process. A process that issues lawfully accord\ning to prescribed practice. Cf. irregular process. \nsummary process. 1. An immediate process, issuing \nand taking effect without intermediate applications or \ndelays. 2. A legal procedure used to resolve a contro\nversy more efficiently and expeditiously than ordinary \nmethods. 3. The legal documents achieving such a \nresult. 4. A procedure for repossessing real property \nfrom a tenant upon default. See summary eviction \nunder EVICTION. [Cases: Landlord and Tenant (;:::J \n293.J 5. SHOW-CAUSE PROCEEDING. \ntrust process. In some states (particularly in New \nEngland), garnishment or foreign attachment. [Cases: \nGarnishment (;:::J 1.] \nvoidable process. A defective process with a curable \ndefect. [Cases: Process (~151-167.] \nvoid process. Legal process that, in some material way, \ndoes not comply with the required form. \n3. Patents. A method, operation, or series of actions \nintended to achieve some new and useful end or result \nby changing a material's chemical or physical charac\nteristics. Process is a statutory category of patent\nable invention. Cf. MACHINE; MANUFACTURE. [Cases: \nPatents C=';:)7.j \n\"A process is a way of doing something. If it is a patentable \nprocess, it must be a new, useful, and nonobvious way of \ndoing something. If the process is patentable, the result \n\n1326 process, abuse of \nof that process -the something getting done -need not \nof itself be new, useful, or nonobvious. In other words, \nthe result of an inventive process need not be an inven \ntion itself.\" Arthur R. Miller & Michael H. Davis, Intellectual \nProperty in a Nutshell 24 (2d ed. 1990). \nprocess, abuse of. See ABUSE OF PROCESS. \nprocess agent. See AGENT (2). \nprocess by foreign attachment. See FACTORIZING \nPROCESS. \nprocess claim. See PATENT CLAIM. \nprocessioning. The survey and inspection ofland bound\naries, performed esp. in the former English colonies \nalong the southeastern seaboard, and analogous to the \nEnglish perambulation. \nprocess patent. See PATENT (3). \nprocess server. (I7c) A person authorized by law or by \na court to formally deliver process to a defendant or \nrespondent. See SERVICE (1). [Cases: Federal Civil Pro\ncedure ~418; Process ~50.] \nprocessum continuando (pp-ses-;lm k;ln-tin-yoo-an\ndoh). [Latin \"for continuing process\"] Hist. A writ for \nthe continuation of process after the death ofa justice \nauthorized to review cases by a commission of oyer \nand terminer. \nproces-verbal (proh-say-vair-bahl). [French \"official \nrecord of oral proceedings\"] Civil & int'l law. A \ndetailed, authenticated written report ofa proceeding, \nesp. ofan international conference; PROTOCOL (3). A \nprods-verbal may be cast in various forms, according \nto the style a country prefers. \nprochein ami (proh-shen ;l-mee). [Law French] See NEXT \nFRIEND. \nproclaim, vb. To declare formally or officially. \nproclamation. A formal public announcement made by \nthe government. \nproclamation by lord of manor. Hist. A proclamation \n(repeated three times) made by the lord of a manor \nrequiring an heir or devisee of a deceased copyholder \nto pay a fine and be admitted to the estate, failing which \nthe lord could seize the lands provisionally. \nproclamation of exigents (eks-;l-j;lnts). Hist. Repeated \nproclamations by the sheriff of an imminent outlaw\ning of a person in the county where the person lived. \nSee EXIGENT. \nproclamation of rebellion. Hist. A proclamation made \nby the sheriff, warning a person who failed to obey \na Chancery subpoena or attachment that a commis\nsion of rebellion would issue if the person continued \nto resist the Chancery process. See COMMISSION OF \nREBELLION. \nproclamation ofrecusants (rek-p-z;lnts). Hist. A proc\nlamation by which persons who willfully absented \nthemselves from church could be convicted on non\nappearance at the assizes. proclamator (prok-l;l-may-t;lr). Hist. An official at \nthe English Court of Common Pleas responsible for \nmaking proclamations. \nprocompetitive, adj. Increasing, encouraging, or pre\nserving competition. Cf. ANTICOMPETITIVE. \npro-con debate. See DEBATE. \npro-con divorce. See DIVORCE. \npro confesso (proh k;ln-fes-oh). [Latin] Roman law. As \nhaving confessed or admitted liability, as by failing to \nappear when required. A defendant who failed to \nanswer a bill in equity was often treated pro confesso. \npro consilio impendendo (proh k;ln-sil-ee-oh im-pen\nden-doh). [Law Latin] For counsel to be given . The \nphrase describes consideration in the form ofa commit\nment to give legal advice in exchange for an annuity. \npro consilio impenso (proh bn-sil-ee-oh im-pen-soh). \nFor counsel given. \nproconsul (proh-kon-s;ll), n. [Latin] Roman law. 1. An \nex-consul whose consular powers were extended by the \nSenate or emperor after leaving office. 2. The governor \nofcertain senatorial provinces. \npro convicto. As convicted. \npro corpore regni (proh kor-p;l-ree reg-llI). [Latin] In \nbehalf of the body of the realm. \nproctor. 1. One appointed to manage the affairs of \nanother. 2. An advocate who represents clients in eccle\nsiastical courts; PROCURATOR (4). 3. DIVORCE PROCTOR. \n4. An advocate who represents a party in the admi\nralty side of a district court. -Also termed (in sense \n4) proctor in admiralty. \nproctorship. See PROCURATORIUM. \nprocuracy (prok-y;l-r;l-see). The document that grants \npower to an attorney-in-fact; a letter of agency. \nprocurare (prok-y;l-rair-ee), vb. [Latin] To take care of \nanother's affairs. \nprocuratio (prok-y;l-ray-shee-oh). [Latin] Management \nof another's affairs; agency. \nprocuration (prok-y;l-ray-sh;ln). 1. The act of appoint\ning someone as an agent or attorney-in-fact. [Cases: \nPrincipal and Agent ~10(1).] 2. The authority vested \nin a person so appointed; the function of an attorney. \n3. PROCUREMENT. \nprocurationes ad resignandum in favorem (prok-y;l-ray\nshee-oh-neez ad rez-ig-nan-d;lm in f;l-vor-;lm). [Law \nLatin] Hist. Procuratories ofresignation in favor ofthe \ndisponee of a vassal.  The phrase referred to the rule \nrequiring a vassal's resignation before a superior had \nto receive the disponee of a vassal to the property. See \nRESIGNATION (3). \nprocuration fee. English law. A commission or broker\nage allowed to a solicitor for obtaining a loan. -Also \ntermed procuration money. \nprocurator (prok-y;l-ray-t;lr), n. 1. Roman law. A \nperson informally appointed to represent another in \na judicial proceeding. Cf. COGNITOR. 2. Roman law. A \n\n1327 produce \ngovernment official, usu. subordinate in authority to a \nprovincial governor; one of several imperial officers of \nthe Roman Empire entrusted with the management of \nthe financial affairs of the province and often having \nadministrative powers in a province as agents of the \nemperor. 3. Hist. English law. An agent, attorney, or \nservant. 4. Eccles. law. An advocate of a religious house; \na lawyer who represents a cleric or religious society in \nlegal matters. -Also termed proctor. 5. An agent or \nattorney-in-fact. 6. Scots law. A solicitor who represents \nclients in the lower courts; formerly, any law agent. \nprocuratores ecclesiae parochialis (prok-ya-ra-tor-eez \ne-klee-z[h]ee-ee pa-roh-kee-ay-lis). [Latin] Hist. A \nchurchwarden; a representative of a parish church. \nprocurator fiscal. Scots law. The representative of the \nLord Advocate in inferior courts, responsible for inves\ntigating sudden deaths and crimes and for prosecuting \nin the sheriff or district court. \nprocurator in rem suam (prok-p-ray-tar in rem sly] \noo-am). [Latin] 1. Roman law. An assignee of a right of \naction. _ True agency did not exist in Roman law, so a \nprincipal whose agent had, for example, bought some\nthing on the principal's behalf would have to be made \nthe agent's procurator to claim under that sale. 2. Scots \nlaw. Procurator in his own affair. _ This phrase refers \nto a situation in which a person acts under a power \nof attorney with reference to property that the person \nhas acquired. \nprocuratorio nomine (prok-ya-ra-tor-ee-oh nahm-a\nnee). [Latin] Hist. In the name and character of a procu\nrator. See PROCURATOR. \nprocuratorium (prok-ya-ra-tor-ee-am), n. [Law Latin] \nHist. The instrument by which a person appointed a \nprocurator as the person's representative in litiga\" \ntion. Also termed proctorship; proxy. \nprocurator litis (prok-ya-ray-tar II-tis). [Latin] Roman \nlaw. A person who represents another in a lawsuit. \nOften shortened to procurator. Cf. DEFENSOR (1). \nprocurator negotiorum (prok-y~-ray-tar ni-goh-shee\nor-am). [Latin] Civil law. An attorney-in-fact; a manager \nof business affairs for another. \nprocurator provindae (prok-ya-ray- tar pra-vin-shee-ee). \n[Latin] Roman law. See PROCURATOR (2). \nprocuratory (prok-ya-ra-tor-ee), adj. Of, relating to, or \nauthorizing a procuration. See PROCURATION. \nprocuratory, n. 1. Civil law. Authorization of one person \nto act for another. 2. Scots law. A mandate or com\nmission for one person to act for another; POWER OF \nATTORNEY. See PROCURATOR. \nprocuratrix (prok-ya-ray-triks). [Latin] Hist. A female \nagent or attorney-in-fact. \nprocurement (proh-kyoor-mant), n. (14c) 1. The act of \ngetting or obtaining something or of bringing some\nthing about. Also termed procuration. 2. The act of \npersuading or inviting another, esp. a woman or child, \nto have illicit sexual intercourse. -procure, vb. \nprocurement contract. See CONTRACT. procurement of breach of contract. See TORTIOUS \nINTERFERENCE WITH CONTRACTUAL RELATIONS. \nprocurer. (15c) One who induces or prevails upon \nanother to do something, esp. to engage in an illicit \nsexual act. See PIMP. \nprocuring agent. See AGENT (2). \nprocuring an abortion. See ABORTION. \nprocuring cause. See CAUSE (1). \nprocuring miscarriage. Hist. See ABORTION (I). \npro. def. abbr. PRO DEFENDENTE. \npro defectu emptorum (proh di-fek-t[y]oo emp-tor-am). \n[Latin] For want ofpurchasers. \npro defectu exitus (proh di-fek-t[yJoo eks-a-tas). [Latin] \nFor, or in case of, default of issue. \npro defectu haeredis (proh di-fek-t[yJoo h<l-ree-dis). \n[Latin] For want ofan heir. \npro defectu justitiae (proh di-fek-t[y]oo jas-tish-ee-ee). \n[Latin] For defect or want of justice. \npro defendente (proh def-an-den-tee). [Latin] For the \ndefendant. Abbr. pro. def. Cf. PRO QUERENTE. \npro derelicto (proh der-a-lik-toh). [Latin] As derelict \nor abandoned. This refers to property subject to \nusucapio. See USUCAPIO. \nprodigal (prod-a-gal), n. Civil law. A person whose \naffairs are managed by a curator because ofthe person's \nwasteful spending or other bad conduct. -In Roman \nlaw, the agnatic family of a prodigal (prodigus) or \nspendthrift could result in that person's being prohib\nited from engaging in certain legal transactions, and \nthe person's estate being put in the charge ofa curator. \nSee cura prodigi under CURA. \npro dignitate regali (proh dig-na-tay-tee ri-gay-h). \n[Latin] In consideration of the royal dignity. \nprodigus (prod-a-gas), n. & adj. [Latin \"a spendthrift\"] \nRoman law. See PRODIGAL. \nprodition (pra-dish-;m). Archaic. Treason; treachery. \nproditor (prod-i-tar), n. Roman law. 1. A traitor. 2. An \ninformer. \nproditorie (proh-di"}
{"text": "), n. Roman law. 1. A traitor. 2. An \ninformer. \nproditorie (proh-di-tor-ee-ee), adv. [Latin] Treasonably. \n This word formerly appeared in a treason indict\nment. \npro diviso (proh di-VI-zoh). [Latin] As divided; i.e., in \nseveralty. \npro domino (proh dom-a-noh). [Latin] As master or \nowner; in the character ofa master. \npro donatione (proh da-nay-shee-oh-nee). [Latin] \nRoman & civil law. As a gift; as in case ofgift. This is \na ground of usucapio. Also written pro donato. See \nL'SUCAPIO. \npro dote (proh doh-tee). [Latin] Civil law. As a dowry; \nby title of dowry. _ 1his is a ground of usucapio. See \nUSUCAPIO. \nproduce (proh-doos), n. The product of natural growth, \nlabor, or capital; esp., agricultural products. \n\n1328 produce \nproduce (pra-doos), vb. (15c) 1. To bring into existence; \nto create. 2. To provide (a document, witness, etc.) in \nresponse to subpoena or discovery request. 3. To yield \n(as revenue). 4. To bring (oil, etc.) to the surface of the \nearth. \nproducent (pra-d[y]oo-s<Jnt), n. Hist. Eccles. law. The \nparty calling a witness. \nproducer. See INSURANCE AGENT. \nproducer price index. An index of wholesale price \nchanges, issued monthly by the U.S. Bureau of Labor \nStatistics. -Formerly also termed wholesale price \nindex. Cf. CONSUMER PRICE INDEX. \nproducing cause. See proximate cause under CAUSE (1). \nproduct. (1825) Something that is distributed com\nmercially for use or consumption and that is usu. (1) \ntangible personal property, (2) the result of fabrication \nor processing, and (3) an item that has passed through \na chain of commercial distribution before ultimate \nuse or consumption. See ARTICLE OF MANUFACTGRE; \nPRODUCTS LIABILITY. [Cases: Products Liability \n120.) \ndefective product. (1903) A product that is unreason\nably dangerous for normal use, as when it is not fit \nfor its intended purpose, inadequate instructions are \nprovided for its use, or it is inherently dangerous in \nits design or manufacture. lCases: Products Liability \nC=>122.) \nproduct-by-process claim. See PATENT CLAIM. \nproduct claim. See PATENT CLAIM. \nproduct defect. See DEFECT. \nproduct disparagement. See TRADE DISPARAGEMENT. \nproduct-extension merger. See MERGER. \nproduction burden. See BURDEN OF PRODUCTION. \nproduction casing. See CASING. \nproduction for commerce. The production of goods that \nan employer intends for interstate commerce. _This is \none criterion by which an employer may be subject to \nthe Fair Labor Standards Act. [Cases: Commerce \n62.44-62.67; Labor and Employment \nproduction of suit. (1830) Common-law pleading. The \nplaintiff's burden to produce evidence to confirm the \nallegations made in the declaration. \nproduction payment. Oil & gas. A share ofoil-and-gas \nproduction from property, free of the costs of produc\ntion, ending when an agreed sum has been paid. [Cases: \nMines and Minerals (;:;)79.1(2).] \nproductio sectae (pra-di'lk-shee-oh sek-tee). [Latin] See \nPRODUCTION OF SUIT. \nproduct liability. See PRODUCTS LIABILITY. \nproduct-liability loss. See LOSS. \nproduct-line exception. An exception from the usual \nrule that a successor corporation is not liable for the \nacts of its predecessor, arising when the successor \nacquired all the predecessor's assets, held itself out as a continuation of the predecessor by producing the same \nproduct line under the same or a similar name, and \nbenefited from the predecessor's goodwill. \nproduct mark. See product trademark under TRADE\nMARK. \nproduct market. See MARKET. \nproduct rule. A means ofcalculating the likelihood that \na series ofindependent events will occur jointly, done \nby multiplying together the probability of each event. \n[Cases: Criminal LawC=>388.2.] \nproducts liability, n. (1925) 1. A manufacturer's or \nseller's tort liability for any damages or injuries suffered \nby a buyer, user, or bystander as a result of a defective \nproduct. -Products liability can be based on a theory of \nnegligence, strict liability, or breach of warranty. [Cases: \nProducts Liability C=>111.]2. The legal theory by which \nliability is imposed on the manufacturer or seller of \na defective product. 3. The field of law dealing with \nthis theory. -Also termed product liability; (spedf.) \nmanufacturer's liability. See LIABILITY. -products\nliability, adj. \n\"The law of products liability is that body of common and \nstatutory law permitting money reparation for substan \ndard conduct of others resulting in productrelated injury \nto the injured party's person or property. Resistance to \nthe description of products liability as a doctrine having \nreceded, there is today a guiding tenet in the law of prod\nuctrelated injury that is the distillate of seventy years of \ndecisional law. The birth of the doctrine can be dated at \n1916, the publication of the immensely influential decision \nin MacPherson v. Buick Motor Co. [217 N.Y. 382, 111 N.E. \n1050 (1916)]. in which the New York Court of Appeals held \nthat the manufacturer of any product capable of serious \nharm if incautiously made owed a duty of care in the deSign, \ninspection, and fabrication of the product, a duty owed not \nonly to the immediate purchaser but to all persons who \nmight foreseeably come into contact with the product. Fol \nlowing MacPherson, the doctrine as formed by decisions \nof the ensuing decades is that a buyer, user, consumer \nor bystander in proximity to an unreasonably dangerous \nproduct, and who is injured in person or in property by its \ndangerous propensities, may recover in damages from the \nmanufacturer or intermediate seller.\" 1 M. Stuart Madden, \nProducts Liability  1.1, at 1-2 (2d ed. 1988). \nstrict products liability. (1964) Products liability \narising when the buyer proves that the goods were \nunreasonably dangerous and that (1) the seller was \nin the business ofselling goods, (2) the goods were \ndefective when they were in the seller's hands, (3) the \ndefect caused the plaintiff's injury, and (4) the product \nwas expected to and did reach the consumer without \nsubstantial change in condition. [Cases: Products \nLiability C=> 113.) \nproducts-liability action. A lawsuit brought against a \nmanufacturer, seller, or lessor of a product regard\nless of the substantive legal theory or theories upon \nwhich the lawsuit is brought -for personal injury, \ndeath, or property damage caused by the manufac\nture, construction, design, formulation, installation, \npreparation, or assembly ofa product. -Also termed \nproduct-liability action. [Cases: Products Liability C=> \n110; Sales C=>425.) \nproducts-liability insurance. See INSURANCE. \n\n1329 \nproduct test. See DURHAM RULE. \nproduct trademark. See TRADEMARK. \npro emptore (proh emp-tor-ee). [Latin] Civil law. As a \npurchaser; by the title ofa purchaser. See USUCAPIO. \npro et durante. For and during. \npro facto (proh fak-toh). [Latin] For the fact; considered \nor held as fact. \npro falso clamore suo (proh fal-soh [or fawl-soh) kl<l\nmor-ee s[y)oo-oh). [Latin \"for his false claim\") A \nnominal amercement of a plaintiff for a false allega\ntion, inserted in a judgment for the defendant. \nprofane, adj. (Of speech or conduct) irreverent to some\nthing held sacred. \nprofanity. Obscene, vulgar, or insulting language; \nBLASPHEMY  Profanity is distinguished from mere \nvulgarity and obscenity by the additional element \nof irreverence toward or mistreatment ofsomething \nsacred. [Cases: Criminal Law (;=:>45.20.) \nprofectitium peculium (pro-fek-tish-ee-<lm p<l-kyoo\nlee-<lm). Hist. Roman law. Property that a father allowed \na son in patria potestas to manage and use while the \nfather retained ownership. -Also written peculium \nprofectitium. \nprofectitius (proh-fek-tish-ee-<ls). [Latin) That which \ndescends from an ancestor. \nprofer (proh-br). Hist. 1. An offer or proffer. 2. A return \nmade by a sheriff of an account into the Exchequer. \nproferens (proh-fer-enz). [Latin] The party that proposes \na contract or a condition in a contract. PI. proferentes \n(proh-f<l-ren-teez). \nprofert (proh-f<lrt). (I8c) Common-law pleading. A dec\nlaration on the record stating that a party produces in \ncourt the deed or other instrument relied on in the \npleading. [Cases: Bills and Notes (;=:>488; Pleading Q \n305.] \nprofert in curia (proh-fdrt in kyoor-ee-d). [Law Latin] \nHe produces in court.  In common-law pleading, \nthis phrase was used in a declaration asserting that \nthe plaintiff was ready to produce, or had produced, \nthe deed or other instrument on which the action was \nfounded. \nprofess, vb. (16c) To declare openly and freely; to \nconfess. \nprofessio juris (pr<l-fes[h)-ee-oh joor-is). [Latin] A rec\nognition ofthe right ofa contracting party to stipulate \nthe law that will govern the contract. \nprofession. (15c) 1. A vocation requiring advanced \neducation and training; esp., one of the three tradi\ntionallearned professions -law, medicine, and the \nministry. \n\"Learned professions are characterized by the need of \nunusual learning, the existence of confidential relations, profit \nmay climb, to the professional plane:' Commonwealth v. \nBrown, 20 N.E.2d 478, 481 (Mass. 1939). \n2. Collectively, the members ofsuch a vocation. \nprofessional, n. (1846) A person who belongs to a learned \nprofession or whose occupation requires a high level of \ntraining and proficiency. \nprofessional association. See ASSOCIATION. \nprofessional corporation. See CORPORATION. \nprofessional goodwill. See personal goodwill under \nGOODWILL. \nprofessionalism. The practice of a learned art in a \ncharacteristically methodical, courteous, and ethical \nmanner. \nprofessional negligence. See MALPRACTICE. \nprofessional relationship. See RELATIONSHIP. \nproffer (prof-dr), vb. (l4c) To offer or tender (some\nthing, esp. evidence) for immediate acceptance. [Cases: \nCriminal Law C':.:o670; Federal Civil Procedure \n2013; Trial (7.::>44.]- proffer, n. \nproffered evidence. See EVIDE:NCE. \nproficua (prd-fik-yoo-<l). [Law Latin] Hist. Profits; esp., \nthe profits of an estate in land. \nprofiling. 1. See RACIAL PROFILING. 2. See LINGUISTIC \nPROFILING. \nprofit, n. (13c) 1. The excess of revenues over expendi\ntures in a business transaction; GAIN (2). Cf. EARNINGS; \nINCOME. [Cases: Internal Revenue {>3178; Taxation \n(;=:>3466.] \naccumulated profit. Profit that has accrued but not yet \nbeen distributed; earned surplus. -Also termed undi\nvided profit. See retained earnings under EARNINGS. \n[Cases: Internal Revenue <:;=-.)3833.] \ngross profit. Total sales revenue less the cost of the \ngoods sold, no adjustment being made for additional \nexpenses and taxes. Cf. net profit. [Cases: Internal \nRevenue Cc:::>3175; Taxation (;=:>3447,3466.] \nlost profits. See LOST PROFITS. \nmesne profits. The profits of an estate received by a \ntenant in wrongful possession between two dates. \nAlso termed (archaically) medium tempus. [Cases: \nEjectment Q 124.] \nnetprofit. Total sales revenue less the cost of the goods \nsold and all additional expenses. Also termed net \nrevenue. Cf. gross profit. [Cases: Internal Revenue \n3175; Taxation (;=:>3448,3466.] \noperating profit. Total sales revenue less all operating \nexpenses, no adjustment being made for any nonoper\nating income and expenses, such as interest payments. \n[Cases: Internal Revenue (;=:>3175; Taxation Q 3448, \n3466.] \nthe adherence to a standard of ethics higher than that ofthe paper profit. A profit that is anticipated but not yet\nmarket place, and in a profession like that of medicine by realized. Gains from stock holdings, for example, intimate and delicate personal ministration. Traditionally, \nthe learned professions were theology. law and medicine; are paper profits until the stock is actually sold at a \nbut some other occupations have climbed, and still others price higher than its original purchase price. -Also \n\n1330 profit-and-Ioss account \ntermed unrealized profit. [Cases: Internal Revenue \n(;::::;3178; Taxation (;:::;)3449.J \nshort-swingproJits. See SHORT-SWING PROFITS. \nsurplus profit. Corporations. The excess ofrevenue over \nexp"}
{"text": "Jits. See SHORT-SWING PROFITS. \nsurplus profit. Corporations. The excess ofrevenue over \nexpenditures . Some jurisdictions prohibit the decla\nration ofa dividend from sources other than surplus \nprofit. [Cases: Corporations 151.] \nundistributed profit. See retained earnings under \nEARNINGS. \nundivided profit. See accumulated profit. \nunrealized profit. See paper profit. \n2. A servitude that gives the right to pasture cattle, dig \nfor minerals, or otherwise take away some part of the \nsoil; PROFIT APRENDRE  A profit may be either appur\ntenant or in gross. See SERVITUDE (1). [Cases: Licenses \nprofit appendant (a-pen-d;mt). A profit annexed to \nland by operation of law; esp., a common ofpasture. \nSee common appendant under COMMON. \nprofit appurtenant (a-p<Jrhm-ant). A profit, whether \nseveral or in common, attached to land, for the benefit \nof certain other identified land, by the act of the \nparties (as by grant or by prescription). See common \nappurtenant under COMMON. \nprofit in gross (in grohs). A profit exercisable by the \nowner independently ofhis or her ownership ofland. \nSee common in gross under COMMON. \n\"[AJ right to take fish from a canal without stint (Le., without \nlimit) can exist as a profit in gross, but not, as already seen, \nas a profit appurtenant. A profit in gross is an interest in \nland which will pass under the owner's will or intestacy or \ncan be sold or dealt with in any of the usual ways.\" Robert \nE. Megarry & M.P. Thompson, A Manual of the Law ofReal \nProperty 377 (6th ed. 1993). \nprofitpur cause de vicinage (par kawz da vis-a-nij). A \nprofit arising when the holders ofadjoining commons \nhave allowed their cattle to stray on each other's lands. \n A claim for this profit fails ifone ofthe commoners \nfences off the common or has in the past driven off \nthe other commoner's cattle. \nprofit-and-Ioss account. See ACCOUNT. \nprofit-and-Ioss statement. See INCOME STATEMENT. \nprofit it prendre (a prawn-dra or ah prahn-dar). [Law \nFrench \"profit to take\"] (usu. pI.) (l7c) A right or privi\nlege to go on another's land and take away something \nofvalue from its soil or from the products ofits soil (as \nby mining, logging, or hunting). Also termed right of \ncommon. PI. profits it prendre. Cf. EASEMENT. [Cases: \nLicenses <'>;)43,] \n\"A profit aprendre has been described as 'a right to take \nsomething off another person's land: This is too wide; the \nthing taken must be something taken out of the soil, Le., \nit must be either the soil, the natural produce thereof, or \nthe wild animals existing on it; and the thing taken must \nat the time of taking be susceptible of ownership, A right \nto 'hawk, hunt, fish, and fowl' may thus exist as a profit, \nfor this gives the right to take creatures living on the soil \nwhich, when killed, are capable of being owned. But a right \nto take water from a spring or a pump, or the right to water cattle at a pond. may be an easement but cannot \nbe a profit; for the water, when taken, was not owned by \nanyone nor was it part of the soil.\" Robert E. Megarry & M.P. \nThompson, A Manual of the Law of Real Property 375-76 \n(6th ed. 1993). \nprofiteering, n, (1814) The taking advantage ofunusual \nor exceptional circumstances to make excessive profits, \nas in the selling ofscarce goods at inflated prices during \nwar. [Cases: War and National Emergency <8='59.] \nprofiteer, vb. \nprofit insurance. See INSURANCE. \nprofit margin. L The difference between the cost of \nsomething and the price for which it is sold. 2. The \nratio, expressed as a percentage, between this difference \nand the selling price . For example, a widget costing \na retailer $10 and selling for $15 has a profit margin \nof 33% ($5 difference divided by $15 selling price). \nOften shortened to margin. \nprofit-sharing plan. An employee benefit plan that \nallows an employee to share in the company's profits . \nERISA governs the administration ofmany profit -shar\ning plans, which provide for discretionary employer \ncontributions and provide a definite predetermination \nformula for allocating the contributions to the plan \namong the participants. Contributions are frequently \nallocated in proportion to each participant's com\npensation. See EMPLOYEE BENEFIT PLAN; EMPLOYEE \nRETIREMENT INCOME SECURITY ACT. [Cases: Labor and \nEmployment \nqualified profit-sharing plan. A plan in which an \nemployer's contributions are not taxed to the employee \nuntil distribution . The employer is allowed to deduct \nthe contributions. IRC (26 USCA)  401(a). -Often \nshortened to qualified plan. [Cases: Internal Revenue \n(;::::;3578.] \npro forma (proh for-rna), adj. [Latin \"for form\"] (16c) \n1. Made or done as a formality. 2. (Of an invoice or \nfinancial statement) provided in advance to describe \nitems, predict results, or secure approval. \npro forma amendment. See AMENDMENT (3). \npro forma earnings. See operating earnings under \nEARNINGS. \npro forma session. See SESSION (1). \nprogener (proh-jee-nar). [Latin] A grandson-in-law. \nprogeny (proj-<'l-nee), n. pl. (14c) 1. Children or descen\ndants; offspring <only one of their progeny attended \nlaw school>. 2. In a figurative sense, a line ofprecedents \nthat follow a leading case <Erie and its progeny>. \nprognosis (prog-noh-sis). (l7c) 1. The process of fore\ncasting the probable outcome ofa present medical con\ndition (such as a disease). 2. The forecast of such an \noutcome. Cf, DIAGNOSIS. [Cases: Health (;:::-637-640, \n906.] \nprogram. Parliamentary law. 1. An agenda for a meeting \nor a convention, listing the order of business and \npossibly including educational or social events. See \nAGENDA; business meeting under MEETING. 2. A speech \n\n1331 \nor other presentation within a meeting offered for the \nassembly's information or for the members' education \nor entertainment, but not for their formal consideration \nor action as a deliberative assembly. \nprogram committee. See COMMITTEE. \nprogram trading. A form of computerized securi\nties trading that usu. involves buying or selling large \namounts of stocks while simultaneously selling or \nbuying index futures in offsetting amounts. \npro gravitate admissi (proh grav-J-tay-tee ad-mis-I). \n[Latin) Hist. According to the gravity of the offense. \nprogressive lawyering. See CAUSE LAWYERING. \nprogressive loss. See LOSS. \nprogressive tax. See TAX. \npro hac vice (proh hahk vee-chay or hak VI-see also \nhahk vees). [Latin] (17c) For this occasion or particu\nlar purpose. -The phrase usu. refers to a lawyer who \nhas not been admitted to practice in a particular juris\ndiction but who is admitted there temporarily for the \npurpose ofconducting a particular case. -Abbr. p.h.v. \nSee admission pro hac vice under ADMISSION (2). For \nowner pro hac vice, see demise charter under CHARTER \n(8). [Cases: Attorney and Client C=:1O.] \nprohibit, vb. 1. To forbid by law. 2. To prevent or \nhinder. \nprohibited and reserved trademarks. See TRADE\nMARK. \nprohibited degree. See DEGREE. \nprohibited substitution. See SUBSTITUTION. \nprohibitio de vasto, directa parti (proh-hJ-bish-ee-oh \ndee vas-toh, di-rek-td pahr-tr). [Latin \"prohibition \nof waste, directed to the party\"] Hist. A writ issued \nduring litigation prohibiting a tenant from commit\nting waste. \nprohibition. (lSc) 1. A law or order that forbids a certain \naction. 2. An extraordinary writ issued by an appellate \ncourt to prevent a lower court from exceeding its juris\ndiction or to prevent a nonjudicial officer or entity from \nexercising a power. -Also termed (in sense 2) writ \nofprohibition; inhibition; (in Scots law) inhibition. Cf. \nWRIT OF CONSULTATION. [Cases: Prohibition C:=> 1.) \n\"Prohibition is a kind of common-law injunction to prevent \nan unlawful assumption of jurisdiction .... It is a com\nmonlaw injunction against governmental usurpation, \nas where one is called coram non judice (before a judge \nunauthorized to take cognizance of the affair), to answer \nin a tribunal that has no legal cognizance of the cause. It \narrests the proceedings of any tribunal, board, or person \nexercising judicial functions in a manner or by means not \nwithin its jurisdiction or discretion.\" Benjamin J. Shipman, \nHandbook of Common-Law Pleading  341, at 542 (Henry \nWinthrop Ballantine ed., 3d ed. 1923). \n3. (cap.) The period from 1920 to 1933, when the manu\nfacture, transport, and sale of alcoholic beverages in \nthe United States was forbidden by the 18th Amend\nment to the Constitution. -The 18th Amendment was \nrepealed by the 21st Amendment. [Cases: Intoxicating \nLiquors C=: 17.) promatertera magna \nprohibitive statute. See STATUTE. \nprohibitory injunction. See INJUNCTION. \nprohibitory interdict. See INTERDICT (1). \npro ilia vice (proh iI-d VI-see). [Latin] For that turn. \npro indefenso (proh in-da-fen-soh). [Latin] As unde\nfended; as making no defense. \npro indiviso (proh in-dd-vI-Zoh), adj. [Latin \"as undi\nvided\"] (Of property) owned or possessed by several \npersons at the same time, without partition. \npro interesse suo (proh in-t;Jr-es-ee s[yJoo-oh). [Latin] \nAccording to his interest; to the extent ofhis interest. \nA third party. for example, may be allowed to intervene \npro interesse suo. \nproject financing. See FINANCING. \nprojectio (prJ-jek-shee-oh). [Latin] Alluvion created by \nthe sea. See ALLUVION. \nprojector. See PROMOTER. \nprojet (proh-zhay). [French] Int'l law. A draft of a \nproposed measure, treaty, or convention. \npro laesione fidei (proh lee-zhee-oh-nee fI-dee-I). [Latin] \nFor breach of faith. \npro legato (proh Id-gay-toh). [Latin] As a legacy; by the \ntitle of a legacy . This is a ground of usucapio. See \nUSUCAPIO. \nproles (proh-Ieez). [Latin] Offspring; esp., the issue ofa \nlawful marriage. \nproletariat (proh-Id-tair-ee-dt). The working class; those \nwithout capital who sell their labor to survive. \nproletarius (proh-ld-tair-ee-as), n. [Latin] Roman law. \nOne of the common people; a member of a lower class \nwho owned little or no property. \nprolicide (proh-IJ-sId). (1826) 1. The killing ofoffspring; \nesp., the crime ofkilling a child shortly before or after \nbirth. 2. One who kills a child shortly before or after \nbirth. Cf. INFANTICIDE. -prolicidal, adj. \nprolixity (proh-lik-sa-tee). (14c) The unnecessary and \nsuperfluous stating of facts and legal arguments in \npleading or evidence. \nprolixity rejection. See REJECTION. \npro loco et tempore (proh loh-koh et tern-pd-ree). [Latin] \nHist. For the place and time. \nprolocutor (proh-lok-Yd-tdr). 1. Eccles. law. The president \nor chair of a convocation. 2. Hist. The speaker of the \nBritish House ofLords. -This office now belongs to the \nLord Chancellor. -Also termed (in sense 2) forspeca. \npro majori cautela (proh md-jor-I kaw-tee-l<3). [Latin] \nFor greater caution; by way of additional security. _ \nThis phrase usu. applies to an act done or to a clause \nput in an instrument as a precaution. \npromatertera (proh-md-t;)r-tdr-d). [Latin] Roman & \ncivil law. A great-great-aunt; the sister of one's great\ngrandmother. \npromatertera magna (proh-md-tar-tJr-<3 mag-nJ). \n(Latin] Civil law. A great-great-great-aunt. \n\npromise, n. (15c) 1. The manifestation of an intention \nto act or refrain from acting in a specified manner, \nconveyed in such a way that another is justified in \nunderstanding that a commitment has been made; a \nperson's assurance that the person will or will not do \nsomething. A binding promise one that the law \nwill enforce -is the essence of a contract. [Cases: Con\ntracts \n\"By common usage, a promise is an expression leading \nanother person justifiably to expect certain conduct on \nthe part of the promisor. Such an expression is a promise, \nwhether enforceable at law or not. It is indeed an essen \ntial element in every contract. Society does not guarantee \nthe fulfillment of all expectations so induced.\" William R. \nAnson, Principles of the Law of Contract 6 n.3 (Arthur L. \nCorbin ed .. 3d Am. ed. 1919). \n\"[Promise] means not only the physical manifestations of \nassurance by words"}
{"text": "d Am. ed. 1919). \n\"[Promise] means not only the physical manifestations of \nassurance by words or conduct, but also the moral duty to \nmake good the assurance by performance, If by reason of \nother operative facts the promise is recognized as creating \na legal duty, the promise is a contract:' Samuel Williston, \nA Treatise on the Law of Contracts  lA, at 4 (Walter H.E. \nJaeger ed., 3d ed, 1957). \n\"It is well to make clear two points at the outset .... The \nfirst is that I do not believe that all promises are morally \nbinding; accordingly, I use the term 'promise' without \nprejudging the question whether the promise creates \nan obligation. The second is that, where a promise does \ncreate an obligation, the reason for that may depend upon \nwhether the promise was explicit or implied. There is thUS, \nin my view, a fundamental distinction between explicit \nand implied promises, and when I use the word 'promise' \nWithout qualification, I normally mean an explicit promise.\" \nP.S. Atiyah, Promises, Morais, and Law 8 (1981). \n2. The words in a promissory note expressing the \nmaker's intention to pay a debt.  A mere written \nacknowledgment that a debt is due is insufficient to \nconstitute a promise. [Cases: Bills and Notes C=>30.] \npromise, vb. \naleatory promise (ay-lee-a-tor-ee). A promise condi\ntional on the happening of a fortuitous event, or on \nan event that the parties believe is fortuitous. [Cases: \nContracts (;::::>218.] \nalternative promise. (l7c) A contractual promise to do \none oftwo or more things, anyone ofwhich qualifies \nas consideration. \n\"A promise in the alternative may be made because each of \nthe alternative performances is the object of desire to the \npromisee. Or the promisee may desire one performance \nonly, but the promisor may reserve an alternative which he \nmay deem advantageous. In either type of case the promise \nis consideration if it cannot be kept without some action or \nforbearance which would be consideration if it alone were \nbargained for. But if the promisor has an unfettered choice \nof alternatives, and one alternative would not have been \nconsideration if separately bargained for, the promise in \nthe alternative is not consideration.\" Restatement (Second) \nof Contracts  77 cmt. b (1981). \nbare promise. See gratuitous promise. \ncollateral promise. A promise to guarantee the debt of \nanother. made primarily without benefit to the party \nmaking the promise . Unlike an original promise, \na collateral promise must be in writing to be enforce\nable. See MAIN-PURPOSE RULE. [Cases: Guaranty(;::::> \n1.] conditional promise. (l6c) A promise that is condi\ntioned on the occurrence of an event other than the \nlapse oftime <she made a conditional promise to sell \nthe gold on April 2 unless the price fell below $300 \nan ounce before that time> . A conditional promise \nis not illusory as long as the condition is not entirely \nwithin the promisor's control. [Cases: Contracts C=> \n58,218.] \ncorresponding promise. A mutual promise calling for \nthe performance ofan act substantially similar to the \nact called for by the other mutual promise, both acts \nbeing in pursuit of a common purpose. \ncounterpromise. See COUNTERPROMISE. \ndependent promise. (1829) A promise to be performed \nby a party only when another obligation has first been \nperformed by another party. [Cases: Contracts \n173,278(1).] \ndivisible promises. Promises that are capable of being \ndivided into independent parts. \nfalse promise. A promise made with no intention of \ncarrying it out. Cf. promissory fraud under FRAUD. \nfictitious promise. See implied promise. \ngratuitous promise. (l7c) A promise made in exchange \nfor nothing; a promise not supported by consider\nation. A gratuitous promise is not ordinarily legally \nenforceable. -Also termed bare promise; naked \npromise. [Cases: Contracts \nillusory promise. (1841) A promise that appears on its \nface to be so insubstantial as to impose no obligation \non the promisor; an expression cloaked in promis\nsory terms but actually containing no commitment \nby the promiSOr.  An illusory promise typically, \nby its terms, makes performance optional with the \npromisor. For example, if a guarantor promises to \nmake good on the principal debtor's obligation \"as \nlong as I think it's in my commercial interest,\" the \npromisor is not really bound. [Cases: Contracts \n10(1).] \n\"An apparent promise which, according to its terms, makes \nperformance optional with the promisor no matter what \nmay happen, or no matter what course of conduct in other \nrespects he may pursue, is in fact no promise. Such an \nexpression is often called an illusory promise:' Samuel Wil\nliston, A Treatise on the Law ofContracts  1A, at 5 (Walter \nH.E. Jaeger ed., 3d ed. 1957). \nimplied promise. (I8c) A promise created by law to \nrender a person liable on a contract so as to avoid \nfraud or unjust enrichment. Also termed fictitious \npromise. [Cases: Implied and Constructive Contracts \nC=t.J \n\"Under some circumstances the promise inferred is called \nan implied promise and in others it is referred to as a con\nstructive promise. But whichever conclUSion is reached, the \nresult is the same. In other words an implied promise and a \nconstructive promise are not treated differently. The theo\nretical difference between the two is that a promise implied \nfrom the conduct of the parties arises by construction of \nlaw, only when justice requires it under the circumstances.\" \nJohn D, Calamari &Joseph M. Perillo, The Law ofContraas \n 4-12, at 234-35 (3d ed. 1987). \n\n1333 \nindependent promise. See unconditional promise. \nmarriage promise. Family law. A betrothal; an engage\nment to be married. -Also termed agreement to \nmarry; promise to marry; promise ofmarriage. [Cases: \nBreach of Marriage Promise (;::> L) \nmutualpromises. (16c) Promises given Simultaneously \nby two parties, each promise serving as consideration \nfor the other. See bilateral contract under CONTRACT. \nnakedpromise. See gratuitous promise. \nnewpromise. A previously unenforceable promise that \na promisor revives and agrees to fulfill, as when a \ndebtor agrees to pay a creditor an amount discharged \nin the debtor's bankruptcy. \noriginal promise. A promise to guarantee the debt of \nanother, made primarily for the benefit of the party \nmaking the promise . An original promise need not \nbe in writing to be enforceable. See MAIN-PURPOSE \nRULE. [Cases: Frauds, Statute of(;=>23.) \npromise implied infact. (1909) A promise existing by \ninference from the circumstances or actions of the \nparties. See implied promise. [Cases: Contracts \n27.) \npromise in consideration ofmarriage. A promise \nfor which the actual performance of the marriage is \nthe consideration, as when a man agrees to transfer \nproperty to a woman if she will marry him. A \npromise to marry, however, is not considered a \npromise in consideration ofmarriage. [Cases: Breach \nof Marriage Promise (;::>5.) \npromise in restraint oftrade. A promise whose per\nformance would limit competition in any business \nor restrict the promisor in the exercise of a gainful \noccupation. Such a promise is usu. unenforceable. \n[Cases: Contracts (;::> 116.] \nremedial promise. A seller's promise to repair or \nreplace goods or to refund the price if the goods (1) \ndo not conform to the contract or to a representation \nat the time ofthe delivery ofthe goods, (2) conform at \nthe time ofdelivery but later fail to perform as agreed, \nor (3) contain a defect. DCC  2-IQ2(a)(31). \nunconditional promise. (1802) A promise that either is \nunqualified or requires nothing but the lapse oftime \nto make the promise presently enforceable . A party \nwho makes an unconditional promise must perform \nthat promise even though the other party has not \nperformed according to the bargain. -Also termed \nindependent promise. [Cases: Contracts (;::>218.] \nvoidable promise. A promise that one party may, under \nthe law, declare void by reason of that party's inca\npacity or mistake, or by reason of the fraud, breach, \nor other fault of the other party. [Cases: Contracts \n(;::>9S.] \npromisee (prom-is-ee). (lSc) One to whom a promise \nis made. \npromise not to compete. See noncompetition covenant \nunder COVENANT (1). promoting prostitution \npromise of marriage. See marriage promise under \nPROMISE. \npromise to marry. See marriage promise under \nPROMISE. \npromisor (prom-is-or). (17c) One who makes a promise; \nesp., one who undertakes a contractual obligation. \npromissor (prom-is-\"r). [Latin] Civil law. 1. A promisor; \nspecif., a party who undertakes to do a thing in response \nto the interrogation ofthe other party (the stipulator). \n2. See REUS PROMITTENDI. \npromissory, adj, (15c) Containing or consisting of a \npromise <the agreement's promissory terms>. \npromissory condition. See CONDITION (2). \npromissory estoppel. See ESTOPPEL. \npromissory fraud. See FRAUD. \npromissory note. See NOTE (1). \npromissory oath. See OATH. \npromissory representation. See REPRESENTATION (I), \npromissory restraint. An attempt by an otherwise effec\ntive conveyance or contract to discourage a later con\nveyance by imposing contractual liability on anyone \nwho makes a later conveyance. [Cases: Perpetuities \n(;::>6(1).] \npromissory warranty. See WARRANTY (3). \npro modo admissi (proh moh-doh ad-mis-I). [Latin] \nHist. According to the measure ofthe offense. \npromoter. (14c) 1. A person who encourages or incites. \n2. A founder or organizer ofa corporation or business \nventure; one who takes the entrepreneurial initiative \nin founding or organizing a business or enterprise. \nFormerly also termed projector. [Cases: Corporations \n(;::>30.] \n''The complete judicial acceptance of the term 'promoter' is \na matter of comparatively recent date. In some of the early \ncases. persons engaged in the formation of a corporation \nare spoken of as 'projectors.' Other cases of about the \nsame period, though recognizing the obligations flowing \ntherefrom, do not give any name to the relation in which \nsuch persons stand to the contemplated company. The \nword promoter, while undoubtedly employed in common \nparlance before that time, does not seem to have been \nused in any reported decision until after it had been used, \nand for the purposes of the act defined, in the Joint Stock \nCompanies Act of 1844.. , . [AI person may be said to be \na promoter of a corporation if before its organization, he \ndirectly or indirectly solicits subscriptions to its stock, or \nassumes to act in its behalf in the purchase of property, \nor in the securing of its charter, or otherwise assists in its \norganization.\" Manfred W. Ehrich, The Law of Promoters \n 1. at 2-3;  13, at 15 (1916). \n\"A promoter is a person who takes the initiative in develop \ning and organizing a new business venture. A promoter may \nact either alone or with copromoters. The term 'promoter' \nis not one of opprobrium; indeed, the promoter is often \nan aggressive, imaginative entrepreneur who fulfills the \nessential economic function of taking an idea and creating \na profitable business to capitalize on the idea.\" Robert W. \nHamilton, The Law of Corporations in a Nutshell 64 (3d \ned. 1991). \npromoting prostitution. See PANDERING (1). \n\nprompt, vb. To incite, esp. to immediate action. \npromulgare (proh-mal-gair-ee), vb. [Latin] Roman law. \nTo promulgate; to make (a law) publicly known after \nits enactment. \npromulgate (pr::l-mal-gayt or prom-al-gayt), vb. (16c) \n1. To declare or announce publicly; to proclaim. 2. \nTo put (a law or decree) into fOfce Of effect. 3. (Of an \nadministrative agency) to carry out the formal process \nof rulemaking by publishing the proposed regulation, \ninviting public comments, and approving or rejecting \nthe proposal. -promulgation (prom-al-gay-shan or \nproh-m::ll-), n. \npromulgation (prom-al-gay-sh;m or proh-mal-). The \nofficial publication ofa new law or regulation, by which \nit is put into effect. \npromutullm (proh -myoo-choo-am). [Latin \"as if lent\"] \nCivil law. A quasi-contract in which a person who \nreceived money or property in error agrees to return \nwhat was received to the person who paid it. \npronepos (proh-nep-ohs). [Latin] Roman & civil law. A \ngreat-grandson. PI. pronepotes. \nproneptis (proh-nep-tis). [Latin] Roman & civil law. A \ngreat-granddaughter. PI. proneptes. \npro non adjecto (proh non a-jek-toh). [Latin] Hist. As not \nadded. _ For example, a nonessential deed provision \nmight be treated pro non adjecto. \npro non scripto (proh non skrip-toh). [Latin] As not \nwritten; as though it had not been written. - The phrase \nusu. referred to testamentary conditions that a court \nwould disregard because the conditions were impos\nsible, illegal, or meaningless. \npronotary (proh-noh-ta-ree), n. First notary. \npronounce, vb. (14c) To announce formally <pronounce \njudgment>. \npronunciation (pra-nan-"}
{"text": "vb. (14c) To announce formally <pronounce \njudgment>. \npronunciation (pra-nan-see-ay-shan). Archaic. A \nsentence or decree. \npronurus (proh-na-ras). [Latin] Roman & civil law. The \nwife ofa grandson or great-grandson. PI. pronurus. \nproof, n. (l3c) 1. The establishment O[ refutation of \nan alleged fact by evidence; the persuasive effect of \nevidence in the mind ofa fact-finder. [Cases: Evidence \n(;::=-584.] 2. Evidence that determines the judgment of \na court. 3. An attested document that constitutes legal \nevidence. \naffirmative proof. (18c) Evidence establishing the fact \nin dispute by a preponderance ofthe evidence. [Cases: \nEvidence C=99.] \nconditional proof. (1931) A fact that amounts to \nproof as long as there is no other fact amounting to \ndisproof. Also termed presumptive proal \ndouble proof. (1955) L Bankruptcy. Proof ofclaims by \ntwo Of more creditors against the same debt. _ This \nviolates the general rule that there can be only one \nclaim with respect to a single debt. [Cases: Bank\nruptcy (::::>2891.] 2. Evidence. Corroborating government evidence (usu. by two witnesses) required to \nsustain certain convictions. \nfull proof. 1. Civil law. proof by two witnesses or by \npublic instrument. 2. Evidence that satisfies the minds \nofthe jury ofthe truth ofthe fact in dispute beyond a \nreasonable doubt. [Cases: Evidence C= 584.] \nliteral proof. Civil law. Written evidence. Cf. testimo\nnial prool \nnegative proof. (16c) Proof that establishes a fact by \nshowing that its opposite is not or cannot be true. Cf. \npositive proof [Cases: Criminal LawC:::;)551; Evidence \n(::::>586.] \npositive proof. (l7c) Direct or affirmative proof. Cf. \nnegative proof [Cases: Criminal Law (::::>551; Evidence \n(::::>586.] \npreliminary proof. Insurance. The first proof offered \nof a loss occurring under a policy, usu. sent in to the \nunderwriters with a notification of the claim. [Cases: \nInsurance (;=.:::3164.] \npresumptive proof. See conditional proof \nproofbeyond a reasonable doubt. (1834) Proof that \nprecludes every reasonable hypothesis except that \nwhich it tends to support. See REASONABLE DOUBT. \n-Formerly, this standard required evidence to \"estab\nlish the truth of the fact to a reasonable and moral \ncertainty\" and \"proof to a moral certainty as distin\nguished from an absolute certainty.\" Moral certainty \nis no longer a synonym for proof beyond a reasonable \ndoubt. See Victor v. Nebraska, 511 U.S. 1,8, 12, 114 \nS.Ct. 1239, 1244, 1246 (1994). [Cases: Criminal Law \nC='561.] \ntestimonial proof. Civil law. Proof by the evidence of \nwitnesses, rather than proof by written instrument. \nCf.literal proof \n4. Scots law. A bench trial. \nproof, burden of. See BURDEN OF PROOF. \nproof brief. See BRIEF. \nproof ofacknowledgment. (18c) An authorized officer's \ncertification -based on a third party's testimony \nthat the signature ofa person (who usu. does not appear \nbefore the notary) is genuine and was freely made. \nAlso termed certificate ofproof See ACKNOWLEDGMENT \n(5). [Cases: Acknowledgment (;::;)8-39.] \nproof of claim. Bankruptcy. A creditor's written state\nment that is submitted to show the basis and amount of \nthe creditor's claim. PI. proofs ofclaim. [Cases: Bank\nruptcy (::::>2891-2904.] \ninformal proofofclaim. A proof of claim stating a \ncreditor's demand for payment and intent to hold the \ndebtor's bankruptcy estate liable, but that does not \ncomply with the Bankruptcy Code's form for proofs \nof claim. - A late-filed proof of claim may be given \neffect if the creditor had timely filed an informal proof \nof claim. [Cases: Bankruptcy (::::>2902.] \nproof of debt. The establishment by a creditor of a debt \nin some prescribed manner (as by affidavit) as a first \n\nstep in recovering the debt from an estate or property; \nPROOF OF CLAIM. \nproof of loss. An insured's formal statement of loss \nrequired by an insurance company before it will deter\nmine whether the policy covers the loss. [Cases: Insur\nance (;:::c 3164.] \nproof ofservice. (18c) 1. A document filed (as by a sheriff) \nin court as evidence that process has been successfully \nserved on a party. -Also termed return ofservice; \nreturn ofprocess. See SERVICE (1). [Cases: Federal Civil \nProcedure (;:::c511-518; Process (;:::c 127-150.] 2. CER\nTIFICATE OF SERVICE. \nproof of will. See PROBATE (1). \npro omni alio onere (proh om-nI [also -nee] ay-lee-oh \non-dc-eel. [Law Latin \"for all other burden\"] Hist. A \nportion of a charter clause restricting the vassal's duties \nto those explicitly named in the charter. \npro opere et labore (proh op-il-ree et Id-bor-ee). [Latin] \nFor work and labor. \npropaganda. Int'llaw. 1. The systematic dissemination \nofdoctrine, rumor, or selected information to promote \nor injure a particular doctrine, view, or cause. 2. The \nideas or information so disseminated . The word pro\npaganda originated as an abbreviated form of Congre\ngatio de propaganda fide, a committee (of cardinals) for \npropagating the (Christian) faith. \ndefamatory propaganda. Propaganda used to promote \ndissatisfaction among a nation's citizens and under\nmine government authority . Defamatory propa\nganda is common in wartime but is also used in \npeacetime as a means ofincitement. \nhostile propaganda. Propaganda employed by a nation \nto manipulate the people ofanother nation to support \nor oppose their government. -Also termed ideologi\ncal aggression. See subversive propaganda. \n\"Ideological aggression ... is the spreading of ideas inten\ntionally and deliberately so as to manipulate by symbols \ncontroversial attitudes and positions. It is hostile pro\npaganda indulged in by a state directly or vicariously to \nincite and influence the people of another state so as to \nmaintain or alter the institutions and poliCies of that state, \nThe campaign of hostile propaganda may emanate from \nwithin or without the territory of the victim state and can \nbe carried on by any means of communications.\" Ann Van \nWynen Thomas & A,J. Thomas,Jr., The Concept of Aggyes \nsion in International Law 84 (l972), \nsubversive propaganda. Propaganda calculated to \nincite a civil war or revolution . When the instiga\ntor is another nation, it is termed hostile propaganda \nor ideological aggression. \nwar-mongeringpropaganda. Propaganda calculated to \nproduce national support for a war and to encourage \nthe government to declare or join in a war regardless \nofany legal constraints. \npro parte (proh pahr-tee). [Latin) Hist. Partly; in part. \npro parte legitim us, pro parte illegitimus (proh pahr-tee \nld-jit-il-mds, proh pahr-tee il-ld-jit-d-mds). [Law \nLatin] Hist. Partly legitimate, partly illegitimate . \nIn Roman and civil law, an illegitimate child could be later legitimated through the marriage of the child's \nparents. But England did not fully recognize this legiti\nmate status. \npro parte virili (proh pahr-tee vd-rI-lI). [Latin \"for the \nshare per man\"] Hist. In equal shares; for one's own \nproportion. \npro purtibus liberandis (proh pahr-ti-bds lib-J-ran-dis). \n[Latin \"to free the portions\"] Hist. A writ for the parti\ntion oflands among coheirs. \npropatruus (proh-pay-troo-ds or -pa-troo-dS). [Latin] \nRoman & civil law. A great-grandfather's brother. \npropatruus magnus (proh-pay-troo-ds [or -pa-troo-dS] \nmag-nils). [Latin] Roman & civil law. A great-great\ngreat-uncle on the father's side. \npro per., adv. & adj. See PRO PERSONA. \npro per., n. 1. See PRO SE. 2. See PROPRIA PERSONA. \nproper care. See reasonable care under CARE. \nproper evidence. See admissible evidence under \nEVIDENCE. \nproper feud. See FEUD (1). \nproper improbation. See IMPROBATION. \nproper independent advice. See INDEPENDENT \nADVICE. \nproper law. Conflict oflaws. The substantive law that, \nunder the principles ofconflict oflaws, governs a trans\naction. [Cases: Action (;:::c 17.] \nproper lookout, n. (1842) The duty ofa vehicle operator \nto exercise caution to avoid collisions with pedestrians \nor other vehicles. [Cases: Automobiles (;:::c 150.J \nproper means. Trade secrets. Any method ofdiscovering \ntrade secrets that does not violate property-protection \nstatutes or standards ofcommercial ethics . Proper \nmeans include independent invention, reverse engi\nneering, observing the product in public, and studying \npublished literature. RESTATEMENT OF TORTS  757 \ncmt. f (1977). [Cases: Antitrust and Trade Regulation \n(;::::)414.] \n\"Trade secrets are protected ... in a manner akin to private \nproperty, but only when they are disclosed or used through \nimproper means. Trade secrets do not enjoy the absolute \nmonopoly afforded patented processes. for example, and \ntrade secrets will lose their character as private property \nwhen the owner divulges them or when they are discovered \nthrough proper means .... Thus, it is the employment of \nimproper means to produce the trade secret, rather than \nmere copy or use, which is the basis of liability\" Chicago \nLock Co. v. Fanberg, 676 F.2d 400, 404 (9th Cif. 1982). \nproper party. See PARTY (2). \npro persona (proh pdr-soh-nd), adv. & adj. [Latin] For \none's own person; on one's own behalf <a pro persona \nbrief>. Sometimes shortened to pro per. See PRO SE. \nproperty. (14c) 1. The right to possess, use, and enjoy a \ndeterminate thing (either a tract ofland or a chattel); \nthe right of ownership <the institution of private \nproperty is protected from undue governmental inter\nference>. -Also termed bundle of rights. [Cases: \nConstitutional Law Property G~1.] 2. Any \n\nproperty 1336 \nexternal thing over which the rights of possession, \nuse, and enjoyment are exercised <the airport is city \nproperty>. [Cases: Property <>1.] \n\"In its widest sense, property includes all a person's legal \nrights, of whatever description. A man's property is all that \nis his in law. This usage, however, is obsolete at the present \nday, though it is common enough in the older books .... \nIn a second and narrower sense, property includes not all \na person's rights, but only his proprietary as opposed to \nhis personal rights. The former constitute his estate or \nproperty, while the latter constitute his status or personal \ncondition. In this sense a man's land, chattels, shares, and \nthe debts due to him are his property; but not his life or \nliberty or reputation.... In a third application, which is that \nadopted [here], the term includes not even all proprietary \nrights, but only those which are both proprietary and in \nrem. The law of property is the law of proprietary rights \nin rem, the law of proprietary rights in personam being \ndistinguished from it as the law of obligations. According \nto this usage a freehold or leasehold estate in land, or a \npatent or copyright, is property; but a debt or the benefit \nof a contract is not. ... Finally, in the narrowest use of the \nterm, it includes nothing more than corporeal property \nthat is to say, the right of ownership in a material object, \nor that object itself.\" John Salmond, Jurisprudence 423~24 \n(Glanville L. Williams ed., 10th ed. 1947). \nabandoned property. (1841) Property that the owner \nvoluntarily surrenders, relinquishes, or disclaims. Cf. \nlost property; mislaid property. [Cases: Abandoned \nand Lost PropertyC=, 1.] \nabsolute property. Property that one has full and \ncomplete title to and control over. \nadventitious property. 1. Roman law. Property coming \nto a son or daughter from anyone other than the \npaterfamilias. -Also termed peculium adventitium. \n2. Hist. Property coming to one from a stranger or \ncollateral relative. \nappointive property. A property interest that is subject \nto a power ofappointment. [Cases: Powers ~4.J \ncommon property. (17c) 1. Real property that is held by \ntwo or more persons with no right of survivorship. \nCf. joint property. [Cases: Common Lands <>LJ 2. \nCOMMON AREA. \ncommunity property. See COMMUNITY PROPERTY. \ncomplete property. The entirety ofthe rights, privileges, \npowers, and immunities that it is legally possible for a \nperson to have with regard to land or any other thing, \napart from those that all other members of society \nhave in the land or thing. \ncorporeal property. l. The right of ownership in \nmaterial things. 2. Property that can be perceived, as \nopposed to incorporeal property; tangible property. \n[Cases: Property <>1,2.) \ndistressed property. (1927) Property that must be sold \nbecause ofmortgage foreclosure"}
{"text": "1,2.) \ndistressed property. (1927) Property that must be sold \nbecause ofmortgage foreclosure or because it is part of \nan insolvent estate. [Cases: BankruptcyC='3067.1.) \ndomestic-partnership property. Property that would \nbe marital property if the domestic partners were \nmarried to each other. See DOMESTIC PARTNERSHIP; \nDOMESTIC-PARTNERSHIP PERIOD. [Cases: Marriage dotal property. Civil law. Separate property that the \nwife brings to the marriage to assist the husband \nwith the marriage expenses. Cf. extradotal property. \n[Cases: Dower and Curtesy <>.> 10.] \nexempt property. See EXEMPT PROPERTY. \nextradotal property (ek-str;:,-doh-t<ll). Civil law. l. \nThat portion of a wife's property over which she has \ncomplete control. 2. All of a wife's effects that have \nnot been settled on her as dowry; any property that a \nwife owns apart from her dowry. _ In Louisiana, after \nJanuary 1, 1980, all property acquired by the wife that \nis not community is neither dotal nor extradotal; it \nis simply her separate property, as has always been \ntrue of the husband. La. Civ. Code art. 2341. -Also \ntermed paraphernal property. Cf. dotal property. \ngeneral property. Property belonging to a general \nowner. See general owner under OWNER. \nincome property. Property that produces income, such \nas rental property. \nincorporeal property. (18c) 1. An in rem proprietary \nright that is not classified as corporeal property. _ \nIncorporeal property is traditionally broken down \ninto two classes: (1) jura in re aliena (encumbrances), \nwhether over material or immaterial things, examples \nbeing leases, mortgages, and servitudes; and (2) jura \nin re propria (full ownership over immaterial things), \nexamples being patents, copyrights, and trademarks. \n2. A legal right in property having no physical exis\ntence. -Patent rights, for example, are incorporeal \nproperty. Also termed incorporeal chattel; incor\nporeal thing. \nintangible property. (1843) Property that lacks a \nphysical existence. -Examples include stock options \nand business goodwill. C( tangible property. [Cases: \nProperty ~1, 2.] \nintellectual property. See INTELLECTUAL PROPERTY. \njoint property. Real or personal property held by two \nor more persons with a right of survivorship. Cf. \ncommon property. [Cases: Joint TenancyG=~)1.) \nlimited-market property. See special-purpose \nproperty. \nliterary property. See LITERARY PROPERTY. \nlost property. (1810) Property that the owner no longer \npossesses because of accident, negligence, or care\nlessness, and that cannot be located by an ordinary, \ndiligent search. Cf. abandoned property; mislaid \nproperty. [Cases: Abandoned and Lost Property \n10.] \nmarital property. (1855) Property that is acquired \nduring marriage and that is subject to distribution or \ndivision at the time ofmarital dissolution. -Generallv, \nit is property acquired after the date of the marriage \nand before a spouse files for separation or divorce. The \nphrase marital property is used in equitable-distribu\ntion states and is roughly equivalent to community \nproperty. -Also termed marital estate. See COMMU\n\n1337 property \nNITY PROPERTY; EQUITABLE DISTRIBUTION. [Cases: \nDivorce (::=248; Husband and Wife C----::>6-15(6).] \nmaternal property. Property that comes from the \nmother of a party or other ascendants ofthe maternal \nstock. \nmislaid property. (1915) Property that has been vol\nuntarily relinquished by the owner with an intent to \nrecover it later -but that cannot now be found. Cf. \nabandoned property; lost property. [Cases: Abandoned \nand Lost Property C= L 10.) \n\"A distinction is drawn between lost property and mislaid \nproperty. An article is 'mislaid' if it is intentionally put in \na certain place for a temporary purpose and then inadver\ntently left there when the owner goes away. A typical case \nis the package left on the patron's table in a bank lobby by \na depositor who put the package there for a moment while \nhe wrote a check and then departed without remembering \nto take it with him. There is always a 'clue' to the owner\nship of property which is obviously mislaid rather than \nlost, because of the strong probability that the owner will \nknow where to return for his chattel when he realizes he \nhas gone away without it.\" Rollin M. Perkins & Ronald N. \nBoyce, Criminal Law 31 0-11 (3d ed. 1982). \nmixedproperty. (18c) Property with characteristics of \nboth real property and personal property -such as \nheirlooms and fixtures. [Cases: Property C=4.] \nmovable property. See MOVABLE (1). \nneutral property. See NEUTRAL PROPERTY. \nnonancestral property. See nonancestral estate under \nESTATE (1). \nnonexempt property. See NONEXEMPT PROPERTY. \nparaphernal property. See extradotal property. \npaternal property. Property that comes from the father \nofa party or other ascendants of the paternal stock. \npersonal property. (18c) 1. Any movable or intangible \nthing that is subject to ownership and not classified \nas real property. Also termed personalty; personal \nestate; movable estate; (in plural) things personal. Cf. \nreal property. [Cases: PropertyC=4.]2. 7ax. Property \nnot used in a taxpayer's trade or business or held for \nincome production or collection. [Cases: Taxation \nCr-;2176.] \nprivate property. (17c) Property -protected from \npublic appropriation over which the owner has \nexclusive and absolute rights. \npublic property. (17c) State-or community-owned \nproperty not restricted to anyone individual's use or \npossession. [Cases: States (>88.) \nqualified property. A temporary or special interest in \na thing (such as a right to possess it), subject to being \ntotally extinguished by the occurrence of a specified \ncontingency over which the qualified owner has no \ncontrol. \nqualified-terminable-interest property. (1982) \nProperty that passes by a QTIP trust from a deceased \nspouse to the surviving spouse and that (if the \nexecutor so elects) qualifies for the marital deduc\ntion provided that the surviving spouse is entitled to receive all income in payments made at least annually \nfor life and that no one has the power to appoint the \nproperty to anyone other than the surviving spouse. \n The purpose of the marital deduction is to permit \ndeferral of estate taxes until the death of the surviv\ning spouse. But this property is included in the sur\nviving spouse's estate at death, where it is subject to \nthe federal estate tax. Abbr. QTIP. See QTIP trust \nunder TRUST. [Cases: Internal Revenue (::=4169(4).] \nquasi-community property. See COMMUNITY PRO\nPERTY. \nreal property. (18c) Land and anything growing on, \nattached to, or erected on it, excluding anything that \nmay be severed without injury to the land. Real \nproperty can be either corporeal (soil and buildings) \nor incorporeal (easements). -Also termed realty; \nreal estate. Cf. personal property (1). [Cases: Property \n(::='4.] \n\"Historically. the line between real and personal property \nstems from the types of assets administered on death \nrespectively, in the king's and in the church's courts. The \nking's courts, concerned with the preservation of the feudal \nstructure, dealt with fees Simple, fees tail and life estates, \nEstates for years, gradually evolving out of contracts made \nby feudally unimportant persons, clearly became interests \nin land but never fully attained the historical dignity of \nbeing 'real property.' The early economic unimportance \nof money, goods and things other than land permitted the \nchurch courts to take over the handling of all such assets \non the death of the owner. When the development of trade \nand of capitalism caused assets of these types to assume \ngreat, and sometimes paramount, importance we found \nourselves with the two important categories of property, \nnamely 'real' and 'personal' property, each with its set \nof rules evolved from a different matrix. The pressure of \nmodern society has been strongly for assimilation and the \nresultant elimination of this line, but this movement is far \nfrom complete attainment of its goal.\" 1 Richard R. Powell, \nPowell on Real Property  5.04, at 5-7 to 5-8 (Patrick j. \nRohan ed., rev, ed. 1998). \nscheduled property. Insurance. Property itemized on a \nlist (usu. attached to an insurance policy) that records \nproperty values, which provide the basis for insurance \npayments in the event of a loss under an insurance \npolicy. [Cases: Insurance C=2169.~ \nseparate property. See SEPARATE PROPERTY. \nspecial-design property. See special-purpose property. \nspeCial property. Property that the holder has only a \nqualified, temporary, or limited interest in, such as \n(from a bailee's standpoint) bailed property. \nspecial-purpose property. Property that has a unique \ndesign or layout, incorporates special construction \nmaterials, or has other features that limit the prop\nerty's utility for purposes other than the one for which \nit was built.  Because of the property's specialized \nnature, the market for the property may be quite \nlimited. Also termed limited-market property; \nspecial-design property. [Cases: Eminent Domain \nC:::> 134; Taxation G::::>2514.] \nspecialty property. See SPECIALTY (3). \ntangible personal property. (1843) Corporeal personal \nproperty of any kind; personal property that can be \n\nseen, weighed, measured, felt, or touched, or is in any \nother way perceptible to the senses, such as furniture, \ncooking utensils, and books. \ntangible property. (1802) Property that has physical \nform and characteristics. Cf. intangible property. \n[Cases: Property 2.] \nterminable property. Property (such as a leasehold) \nwhose duration is not perpetual or indefinite but is \nlimited in time or is liable to termination upon the \noccurrence ofsome specified event. \nwasting property. (1853) 1. Property that is consumed \nin its normal use, such as a wasting asset, a leasehold \ninterest, or a patent right. 2. A right to or an interest \nin such property. \nproperty, law of. See LAW OF PROPERTY. \nproperty crimes. See CRIMES AGAINST PROPERTY. \nproperty-damage insurance. See property insurance \nunder INSURANCE. \nproperty dividend. See asset dividend under \nDIVIDEND. \nproperty division. See PROPERTY SETTLEMENT (1). \nproperty insurance. See INSURANCE. \nproperty of the debtor. Bankruptcy. Property that is \nowned or (in some instances) possessed by the debtor, \nincluding property that is exempted from the bank\nruptcyestate. 11 USCA  541(b). -Also termed debtor's \nproperty. [Cases: Bankruptcy~2531-2559.] \nproperty ofthe estate. Bankruptcy. The debtor's tangible \nand intangible property interests (including both legal \nand equitable interests) that fall under the bankruptcy \ncourt's jurisdiction because they were owned or held by \nthe debtor when the bankruptcy petition was filed. 11 \nUSCA  541. Also termed estate's property. [Cases: \nBankruptcy ~2491-2559.] \nproperty ratione privilegii (ray-shee-oh-nee priv-i-Iee\njee-I). Hist. A common-law right, granted by a royal \nfranchise, to take wild animals on another's land. \nThis principle made its way into American law. See, e.g., \nHanson v. Fergus Falls Nat'l Bank, 65 N.W.2d 857, 862 \n(Minn. 1954). Cf. PROPERTY RATIONE SOLI. \n\"Property Ratione privilegii is the right which, by a peculiar \nfranchise anciently granted by the Crown in virtue of its \nprerogative, one man had of killing and taking animals \nFerae naturae on the land of another; and in like manner \nthe game, when killed or taken by virtue of the privilege, \nbecame the absolute property of the owner of the fran\nchise, just as in the other case it becomes the absolute \nproperty of the owner of the soil.\" Blades v. Higgs, 11 Eng. \nRep. 1474, 1479 (H.L. 1865). \nproperty ratione soli (ray-shee-oh-nee soh-II). The com\nmon-law right to take wild animals found on one's own \nland. Cf. PROPERTY RATIONE PRIVILEGII. \n\"The exclusive common law right of a landowner to take \ngame on his land, known as property ratione soli ... has \nbeen recognized throughout the history of common law, \nwith one exception: Following the Norman Conquest the \nKing contended that he was lord paramount of the field, \npossessed of the right to the universal soil and of the \nexclusive right to take the game, but the irate landowners, vehemently objecting, quickly and decisively recaptured \ntheir rights and re-established the common law.\" Alford v. \nFinch, 155 So.2d 790, 792 (Fla. 1963). \nproperty right. See RIGHT. \nproperty settlement. 1. A judgment in a divorce case \ndetermining the distribution of the marital property \nbetween the divorcing parties. _ A property settle\nment includes a division of the marital debts as well \nas assets. Also termed property division; division \nofproperty. [Cases: Husband and Wife (,'=248.] 2. \nA contract that divides up the assets of divorcing \nspouses and is incorporated into a divorce decree. \nAlso termed integrated property settlement; property \nsettlement agreement. Cf. DIVORCE AGREEMENT. [Cases: \nHusband and Wife 3. MARITAL AGREEMENT. \nproperty settlement agreement. See PROPERTY SETTLE\nMENT (2). \nproperty tax. See TAX. \nproperty tort. See TORT."}
{"text": "agreement. See PROPERTY SETTLE\nMENT (2). \nproperty tax. See TAX. \nproperty tort. See TORT. \nprophylactic (proh-fa-Iak-tik), adj. (16c) Formulated to \nprevent something <a prophylactic rule>. -prophy\nlaxis (proh-f<3-lak-sis), prophylactic, n. \nprophylactic cost. See COST (1). \npropinquity (pra-ping-kw<3-tee). (15c) The state ofbeing \nnear; specif., kindred or parentage <degrees ofpropin\nquity>. \npropior sobrina (proh-pee-<3r sa-brI-na), n. [Latin] \nCivil law. The daughter ofa great-uncle Of great-aunt, \npaternal or maternal. \npropior sobrino (proh-pee-af sa-brI-noh), n. [Latin] Civil \nlaw. The son ofa great-uncle or great-aunt, paternal or \nmaternal. \npropoue (pra-pohn), vb. To put forward for consider\nation or adjudication <propone a will for probate>. \nproponent, n. (16c) 1. A person who puts forward a \nlegal instrument for consideration or acceptance; esp., \none who offers a will for probate. Also termed pro\npounder. [Cases: Wills ~211, 219.] 2. A person who \nputs forward a proposal; one who argues in favor of \nsomething <a proponent ofgun control>. 3. Parliamen\ntary law. A member who speaks in favor of a pending \nmotion. Cf. OPPONENT (3). \nproportionality. lnt'llaw. The principle that the use of \nforce should be in proportion to the threat or grievance \nprovoking the use offorce. \nproportionality review. (1976) Criminal law. An appel\nlate court's analysis ofwhether a death sentence is arbi\ntrary' capricious, or excessive by comparing the case in \nwhich it was imposed with similar cases in which the \ndeath penalty was approved or disapproved. [Cases: \nSentencing and Punishment ~1788(6).] \nproportional quorum. See QUORUM. \nproportional representation. 1. An electoral system \nthat allocates legislative seats to each political group \nin proportion to its popular voting strength. 2. Seepro\nportional voting under VOTING. -The term refers to \n\n1339 \ntwo related but distinguishable concepts: proportional \noutcome (having members ofa group elected in propor\ntion to their numbers in the electorate) and propor\ntional involvement (more precisely termed proportional \nvoting and denoting the electoral system also known as \nsingle transferable voting). \nproportional tax. See flat tax under TAX. \nproportional voting. See VOTING. \nproportionate-reduction clause. See LESSER-INTEREST \nCLAUSE. \nproposal. Something offered for consideration or accep\ntance. \nproposed agenda. See AGENDA. \nproposed regulation. See REGULATION. \nproposition. See main motion under MOTION (2). \npropositus (proh-poz-;>-t;>s). [Law Latin] Civil law. 1. \nA person from whom descent is to be traced. 2. The \nperson whose rights or obligations are in issue. Also \ntermed persona proposita. PI. propositi. \npro possessore (proh pos-;>-sor-ee). [Latin] As a pos\nsessor; by title of a possessor; by virtue of possession \nalone. \npro posse suo (proh pos-ee s[yJoo-oh). [Latin] To the \nextent ofone's power or ability. \npropound (prOl-pownd), vb. (16c) 1. To offer for consid\neration or discussion. 2. To make a proposal. 3. To put \nforward (a will) as authentic. \npropounder. An executor or administrator who offers a \nwill or other testamentary document for admission to \nprobate; PROPONENT. \nprop. reg. abbr. See proposed regulation under REGULA\nTION. \npropria persona (proh-pree-Ol p;>r-soh-nOl), adj. & adv. \n[Latin] In his own person; PRO SE. -Sometimes short\nened to pro per. Abbr. p.p. [Cases: Attorney and \nClient (;.-::>62.] \nproprietary (pr;>-prI-;>-ter-ee), adj. (ISc) L Ofor relating \nto a proprietor <the licensee's proprietary rights>. 2. \nOf, relating to, or holding as property <the software \ndeSigner sought to protect its proprietary data>. \nproprietary act. See PROPRIETARY FUNCTION. \nproprietary article. See ARTICLE. \nproprietary capacity. See CAPACITY (1). \nproprietary capital. See CAPITAL. \nproprietary drug. See DRUG. \nproprietary duty. See DUTY (2). \nproprietary function. (1902) Torts. A municipality's \nconduct that is performed for the profit or benefit of the \nmunicipality, rather than for the benefit of the general \npublic . Generally, a municipality is not immune from \ntort liability for proprietary acts. But the distinction \nbetween proprietary acts and governmental functions \nhas been abrogated by statute in many states. Also pro privato commodo \ntermed proprietary act. Cf. GOVERNMENTAL FUNCTION. \n[Cases: Municipal Corporations \nproprietary government. See GOVERNMENT. \nproprietary information. Information in which the \nowner has a protectable interest. See TRADE SECRET. \n[Cases: Contracts li8.J \nproprietary interest. See INTEREST (2). \nproprietary lease. See LEASE. \nproprietary license. See LICENSE. \nproprietary name. See NAME. \nproprietary power. See power coupled with an interest \nunder POWER (3). \nproprietary right. See RIGHT. \nproprietary software. Software that cannot be used, \nredistributed. or modified without permission . Pro\nprietary software is usu. sold for profit, consists only of \nmachine-readable code, and carries a limited license \nthat restricts copying, modification, and redistribution. \nA user may usu. make a backup copy for personal use; \nbut if the software is sold or given away, any backup \ncopies must be passed on to the new user or destroyed. \nCf. FREEWARE; SHAREWARE; SEMI-FREE SOFTWARE. \nproprietary technology. Intellectual property. A body of \nknowledge or know-how that is owned or controlled by \na person whose authorization is required before any \nother party may use that know-how or knowledge for \ncommercial purposes. See TRADE SECRET. \nproprietas (prd-prI-Ol-tas). [Latin] Hist. Ownership. \nproprietas nuda (pr;>-prI-Ol-tas n[y]oo-d;. Naked \nownership; the mere title to property, without the \nusufruct. \nproprietas plena (prd-pn-a-tas pIee-nOll. Full owner\nship, including both the title and the usufruct. \nproprietate probanda (prOl-pn-Ol-tay-tee prOl-ban-dd). \nSee DE PROPRIETATE PROBANDA. \nproprietor, n. (16c) An owner, esp. one who runs a \nbusiness. See SOLE PROPRIETORSHIP. -proprietor\nship, n. \npropriety. Hist. Privately owned possessions; property. \npropriis manibus (proh-pree-is man-Ol-bOls). [LatinJ Hist. \nBy one's own hands. \nproprio jure (proh-pree-oh joor-ee). [LatinJ Rist. By \none's own property right. \nproprio nomine (proh-pree-oh nahm-Ol-nee). [Latin] \nHist. In one's own name. \nproprio vigore (proh-pree-oh vi-gor-ee). [Latin] By its \nown strength. \nproprium negotium (proh-pree-;>m ni-goh-shee-Olm). \n[LatinJ Hist. One's own business. \npro privato commodo (proh pn-vay-toh kom-Ol-doh). \n[Law LatinJ Hist. For private convenience . The phrase \nsometimes appeared in reference to a private road as \ndistingUished from a public highway. Cf. PRO BONO \nPUBLICO. \n\n1340 propter \npropter (prop-t<Jr). [Latin] For; on account of. \npropter affectum (prop-t;)f ;)-fek-t<Jm). See challenge \npropter affectum under CHALLENGE (2). \npropter commodum curiae (prop-tar kom-;)-d;)m \nkyoor-ee-ee). [Law Latin] Hist. For the advantage of \nthe court. \npropter curam et culturam (prop-t<Jr kyoor-am et \nk;)l-t[y]oor-<Jm). [Latin] Rist. For care and cultiva\ntion. \npropter defectum (prop-t<Jr d;)-fek-t<Jm). See challenge \npropter defectum under CHALLENGE (2). \npropter defectum sanguinis (prop-t<Jr d<J-fek-t<Jm sang\ngwi-nis). [Latin] On account offailure ofblood. \npropter delectum personae (prop-t<Jf d<J-Iek-t<Jm par\nsoh-nee). [Law Latin] Hist. On account ofthe selection \nof persons. _ For example, a person could not delegate \nthe principal duties ofan office when that person had \nbeen specifically chosen to perform those duties. \npropter delictum (prop-t<Jr d<J-lik-t<Jm). See challenge \npropter delictum under CHALLENGE. \npropter honoris respectum (prop-tar h<J-nor-is ri-spek\ntdm). [Latin] On account of respect of honor or rank. \npropter impotentiam (prop-tdf im-pd-ten-shee-dm). \n[Latin] On account ofhelplessness. -This was formerly \ngiven as a ground for gaining a property interest in a \nwild animal, based on the animal's inability to escape \n(as where, for example, a young bird could not fly \naway). \npropter ingratitudinem (prop-t;)r in-grat-<J-t[y]oo-dd\nn<Jm). [Latin] Hist. On account of ingratitude. -In \nsome instances, a superior could revoke a gift based \non the vassal's ingratitude, and a slave-owner could \nrevoke the manumission ofa slave. \npropter majorem securitatem (prop-tar ma-jor-;)m \nsi-kyoor-;)-tay-tdm). [Law Latin] Hist. For greater \nsecurity. \npropter negligentiam haeredis jus suum non prose\nquentis (prop-tar neg-li-jen-shee-am h<1-ree-dis jas \ns[yloo-~m non prahs-<J-kwen-tis). [Law Latin] Hist. On \naccount of the negligence of the heir in not following \nup the heir's right.  Ifa vassal's heir failed, for a year \nand a day, to enter the estate, then the heir forfeited the \nright to the land. \npropter privilegium (prop-t<Jr priv-<J-lee-jee-am). [Latin] \nOn the account of privilege. -This describes a way of \nacquiring a property interest in a wild animal, based \non the claimant's exclusive right to hunt in a particular \npark or preserve. \npropter quodfeceruntper alium (prop-tar kwod fi-see\nrant p<1r ay-Iee-am). [Law Latin] Hist. On account of \nwhat they have done by another. -The phrase usu. \nreferred to an agent's actions. \npropter rem ipsam non habitam (prop-tdr rem ip-sam \nnon hab-a-t<1m). [Law Latin] Hist. On account of not \nhaving had possession of the thing itself. -The phrase \nappeared in reference to damages suffered by a party who failed to receive a thing for which he had con\ntracted. \npro quantitate haereditatis et temporis (proh kwon-ti\ntay-tee h<J-red-i-tay-tis et tem-p<J-ris). [Law Latin] Hist. \nAccording to the extent of the succession. \npro quer. abbr. PRO QUERENTE. \npro querente (proh kW<1-ren-tee). [Latin] For the plain\ntiff. -In old law reports, the plaintiff's advocate is \ndesignated pro querente and the opposing advocate \ncontra. -Abbr. pro quer. Cf. PRO DEFENDENTE. \npro rata (proh ray-t<J or rah-t<J or ra-ta), adv. (16c) Pro\nportionately; according to an exact rate, measure, or \ninterest <the liability will be assessed pro rata between \nthe defendants>. See RATABLE. pro rata, adj. \npro rata clause. An insurance-policy provision -usu. \ncontained in the \"other insurance\" section of the \npolicy -that limits the insurer's liability to payment of \nthe portion ofthe loss that the face amount ofthe policy \nbears to the total insurance available on the risk. \nAlso termed pro rata distribution clause. Cf. ESCAPE \nCLAUSE; EXCESS CLAUSE. [Cases: Insurance \npro rata itineris (proh ray-td I-tin-~-ris). [Latin] Scots \nlaw. For the proportion of the journey. \n\"Where a ship, chartered to convey a cargo to a certain \nport ... is prevented from completing the voyage ... \nthe master of the ship may transship the goods, and thus \nconveying them to their destination, earn his full freight. \nBut if, when the ship has been prevented from proceeding \non her voyage, the freighter himself transships the cargo, \nthe master is entitled to freight pro rata itineris, for the \nproportion of the voyage which he has accomplished.\" John \nTrayner, Trayner's Latin Maxims 486 (4th ed. 1894). \nprorate (proh-rayt or proh-rayt), vb. (1858) To divide, \nassess, or distribute proportionately <prorate taxes \nbetween the buyer and the seller>. proration, n. \npro re nata (proh ree nay"}
{"text": "ate taxes \nbetween the buyer and the seller>. proration, n. \npro re nata (proh ree nay-t~). [Latin \"in the light of what \nhas arisen\"] Hist. By reason of emergency; arising from \nexigent circumstances. -The phrase appeared, for \nexample, in reference to a meeting called to address \nan emergency. \n\"So far as may be, the state leaves the rule of right to \nbe declared and constituted by the agreement of those \nconcerned with it. So far as possible, it contents itself with \nexecuting the rules which its subjects have made for them\nselves. And in so doing it acts wisely. For, in the first place, \nthe administration of justice is enabled In this manner to \nescape in a degree not otherwise attainable the disadvan\ntages inherent in the recognition of rigid principles of law. \nSuch principles we must have: but jf they are established \npro re nata by the parties themselves, they will possess a \nmeasure of adaptability to individual cases which is unat\ntainable by the more general legislation of the state itself.\" \nJohn Salmond, Jurisprudence 352 (Glanville L. Williams ed., \n10th ed. 1947). \nprorogated jurisdiction. See JURISDICTION. \nprorogatio de loco in locum (proh-roh-gay-shee-oh dee \nloh-koh in loh-k<Jm). [Law Latin) Hist. Prorogation (of \njurisdiction) from one place to another. \nprorogatio de tempore in tempus (proh-roh-gay-shee-oh \ndee tem-pa-ree in tem-p<Js). [Law Latin] Hist. Proroga\ntion (esp. ofjurisdiction) from one time to another. \n\nprorogation (proh-ra-gay-shan). (14c) 1. The act of \nputting off to another day; esp., the discontinuance of \na legislative session until its next term. [Cases: States \n<;~'32.] 2. Civil law. The extension ofa court's or judge's \njurisdiction by consent of the parties to a case that it \nwould otherwise be incompetent to hear. -proroga\ntive, adj. \ntacit prorogation. Civil law. Consent to jurisdiction \nthat arises when a party does not request recusal \ndespite awareness that the judge is not qualified to \ntry the case. Cf. prorogated jurisdiction under JURIS\nDICTION. \nprorogue (proh-rohg or pra-), vb. (15c) 1. To postpone \nor defer. 2. To discontinue a session of (a legislative \nassembly, esp. the British Parliament) without dissolu\ntion. 3. To suspend or discontinue a legislative session. \n[Cases: States (::::>32.] \nproscribe, vb. (15c) 1. To outlaw or prohibit; to forbid. \n2. Roman & civil law. To post or publish the name of \n(a person) as condemned to death and forfeiture of \nproperty. \nproscription, n. (14c) 1. The act of prohibiting; the state \nofbeing prohibited. 2. A prohibition or restriction. Cf. \nPRESCRIPTION (1). proscriptive, adj. \npro se (proh say or see), adv. & adj. [Latin] (1817) For \noneself; on one's own behalf; without a lawyer <the \ndefendant proceeded pro se> <a pro se defendant>. \nAlso termed pro persona; in propria persona; propria \npersona; pro per. See PROPRIA PERSONA. [Cases: \nAttorney and Client (::::>62; Criminal Law (::::> 1750.] \npro se, n. (1857) One who represents oneself in a court \nproceeding without the assistance of a lawyer <the \nthird case on the court's docket involving a pro se>. \nAlso termed pro per; self-represented litigant; (rarely) \npro se-er. [Cases: Attorney and Client (::::>62; Criminal \nLaw (::::> 1750] \nprosecutable, adj. (Of a crime or person) subject to pros\necution; capable ofbeing prosecuted. \nprosecute, vb. (15c) 1. To commence and carry out a \nlegal action <because the plaintiff failed to prosecute \nits contractual claims, the court dismissed the suit>. \n2. To institute and pursue a criminal action against (a \nperson) <the notorious felon has been prosecuted in \nseven states>. 3. To engage in; carryon <the company \nprosecuted its business for 12 years before going \nbankrupt>. prosecutory, a~j. \nprosecuting attorney. See DISTRICT ATTORNEY. \nprosecuting witness. See WITNESS. \nprosecution. (16c) 1. The commencement and carrying \nout ofany action or scheme <the prosecution ofa long, \nbloody war>. 2. A criminal proceeding in which an \naccused person is tried <the conspiracy trial involved \nthe prosecution of seven defendants>. -Also termed \ncriminal prosecution. \ndeferred prosecution. See deferred judgment under \nJUDGMENT. private prosecution. Hist. A criminal prosecution ini\ntiated by a privately employed attorney or by a lay\nperson or private organization, rather than a district \nattorney or other government-employed prosecutor. \n Until the 19th century, victims often had the burden \nof directly prosecuting criminals who had harmed \nthem. With the rise of public-prosecution services, \nthe need for private prosecutions declined. Though \nuncommon, they are still sometimes permitted in \nEngland. [Cases: Criminal LawC=,1704.j \nselective prosecution. See SELECTIVE PROSECUTION. \nsham prosecution. (1903) A prosecution that seeks to \ncircumvent a defendant's double-jeopardy protection \nby appearing to be prosecuted by another sovereignty, \nwhen it is in fact controlled by the sovereignty that \nalready prosecuted the defendant for the same crime. \n A sham prosecution is, in essence, a misuse of the \ndual-sovereignty doctrine. Under that doctrine, a \ndefendant's protection against double jeopardy does \nnot provide protection against a prosecution by a \ndifferent sovereignty. For example, if the defendant \nwas first tried in federal court and acquitted, that fact \nwould not forbid the state authorities from prosecut\ning the defendant in state court. But a sham prosecu\ntion for example, a later state-court prosecution \nthat is completely dominated or manipulated by the \nfederal authorities that already prosecuted the defen\ndant' so that the state-court proceeding is merely a \ntool ofthe federal authorities will not withstand a \ndouble-jeopardy challenge. See DUAL-SOVEREIGNTY \nDOCTRINE. [Cases: Double JeopardYC=J 53.) \nvindictive prosecution. (1834) A prosecution in which \na person is singled out under a law or regulation \nbecause the person has exercised a constitutionally \nprotected right. Cf. SELECTIVE ENFORCEMENT. [Cases: \nCriminal Law ~'-;)37.15.) \n3. The government attorneys who initiate and maintain \na criminal action against an accused defendant <the \nprosecution rests>. 4. Patents. The process of applying \nfor a patent through the U.S. Patent and Trademark \nOffice and negotiating with the patent examiner. \nAlso termed patent-prosecution process. [Cases: Patents \n~-'104.] \nprosecution history. See FILE WRAPPER. \nprosecution-history estoppel. See ESTOPPEL. \nprosecution laches. See LACHES. \nprosecution-laches doctrine. See CONTINGATION-APPLI\nCATION LACHES DOCTRINE. \nprosecutor, n. (16c) 1. A legal officer who represents the \nstate or federal government in criminal proceedings. \nSee DISTRICT ATTORNEY; UNITED STATES ATTORNEY; \nATTORNEY GENERAL. -Also termed public prosecutor; \nstate's attorney; public commissioner. \npublic prosecutor. 1. See PROSECUTOR (1). 2. See DIS\nTRICT ATTORNEY. \n\nspecial prosecutor. (1859) A lawyer appointed to inves\ntigate and, if justified, seek indictments in a particular \ncase. See independent counsel under COUNSEL. \n2. A private person who institutes and carries on a legal \naction, esp. a criminal action. -Also termed (in sense \n2) private prosecutor. -prosecutorial, adj. \nprosecutorial discretion. See DISCRETION (4). \nprosecutorial immunity. See IMMUNITY. \nprosecutorial misconduct. (1963) Criminal law. A pros\necutor's improper or illegal act (or failure to act), esp. \ninvolVing an attempt to avoid required disclosure or \nto persuade the jury to wrongly convict a defendant \nor assess an unjustified punishment . If prosecuto\nrial misconduct results in a mistrial, a later prosecu\ntion may be barred under the Double Jeopardy Clause. \n[Cases: Criminal Law C==> 1980-1986.] \nprosecutorial vindictiveness. Criminal law. The act or \nan instance of intentionally charging a more serious \ncrime or seeking a more severe penalty in retaliation for \na defendant's lawful exercise ofa constitutional right. \n[Cases: Criminal LawC==>37.l5; Sentencing and Pun\nishment \nprosecutrix (pros-a-kyoo-triks). Archaic. A female pros\necutor. \nprosequi (prahs-a-kwI), vb. [Latin) To follow up or \npursue; to sue or prosecute. See NOLLE PROSEQUI. \nprosequitur (pra-sek-wa-t<lr or proh-). [Latin) He follows \nor pursues; he prosecutes. \npro servitio burgali (proh sar-vish-ee-oh b<lr-gay-h). \n[Law Latin] Hist. For burghal service. See BURGAGE\nTENURE (2). \nprosocer (proh-sd-sar). [Latin) Civil law. A father-in-law's \nfather; a spouse's grandfather. \nprosocerus (prd-sos-d-ras). [Latin] Civil law. A wife's or \nhusband's grandmother. \npro socio (proh soh-shee-oh). [Latin) As a partner . This \nwas the name ofan action on behalfofa partner. \npro solido (proh sol-d-doh). [Latin] For the whole; \nwithout division. \nprospectant evidence. See EVIDENCE. \nprospective, adj. (18c) 1. Effective or operative in the \nfuture <prospective application of the new statute>. \nCf. RETROACTIVE. 2. Anticipated or expected; likely to \ncome about <prospective clients>. \nprospective damages. See DAMAGES. \nprospective heir. See HEIR. \nprospective law. See prospective statute under \nSTATUTE. \nprospective nuisauce. See anticipatory nuisance under \nNUISANCE. \nprospective statute. See STATUTE. \nprospective \\\\-\"<liver. See WAIVER (1). \nprospect theory. See INCENTIVE-TO-COMMERCIALIZE \nTHEORY. prospectus (pr<l-spek-t<ls). A printed document that \ndescribes the main features ofan enterprise (esp. a cor\nporation's business) and that is distributed to prospec\ntive buyers or investors; esp., a written description ofa \nsecurities offering . Under SEC regulations, a publicly \ntraded corporation must provide a prospectus before \noffering to sell stock in the corporation. PI. prospec\ntuses. See REGISTRATION STATEMENT. Cf. TOMBSTONE. \n[Cases: Securities Regulation \nnewspaper prospectus. A summary prospectus that \nthe SEC allows to be disseminated through advertise\nments in newspapers, magazines, or other periodicals \nsent through the mails as second-class matter (though \nnot distributed by the advertiser), when the securities \ninvolved are issued by a foreign national government \nwith which the United States maintains diplomatic \nrelations. \npreliminary prospectus. A prospectus for a stock issue \nthat has been filed but not yet approved by the SEC. \n The SEC requires such a prospectus to contain a \nnotice -printed in distinctive red lettering -that \nthe document is not complete or final. Ihat notice, \nwhich is usu. stamped or printed in red ink, typi\ncally reads as follows: \"The information here given \nis subject to completion or amendment. A registra\ntion statement relating to these securities has been \nfiled with the Securities and Exchange Commission. \nThese securities cannot be sold and offers to buy \ncannot be accepted -until the registration statement \nbecomes effective. This prospectus does not consti\ntute an offer to buy. And these securities cannot be \nsold in any state where the offer, solicitation, or sale \nwould be unlawful before registration or qualification \nunder the securities laws ofthat state.\" Also termed \nred-herring prospectus; red herring. [Cases: Securities \nRegulation C==>25.51.] \nprostitute, n. (16c) A person who engages in sexual acts \nin exchange for money or anything else ofvalue. \nchild prostitute. A child who is offered or used for sex \nacts in exchange for money . Some people object to \nthis phrase because the term \"prostitute\" suggests a \ndegree ofvoluntariness or choice on the child's part, \nwhich is often not true. An alternative without those \nconnotations is prostituted child. [Cases: Infants \n13.] \nprostituted child. See child prostitute under PROSTI\nTUTE. \nprostitution, n. (16c) 1. The act or practice ofengaging \nin sexual activity for money or its equivalent; commer\ncialized sex. [Cases: Prostitution C==> L) \n\"Prostitution is not itself a crime in England or Scotland, \nalthough certain activities of prostitutes and those who \nprofit from prostitution are prohibited, such as soliciting in \na public place, procuring, letting premises for the purpose \nof prostitution and so forth. On the other hand. prostitu \ntion was, at least at one time, prohibited in all American \njurisdictions.\" Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw 470 (3d ed. 19"}
{"text": "Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw 470 (3d ed. 1982). \n\n1343 \nchild prostitution. The act or practice of offering or \nusing a minor for sex acts in exchange for money. See \nchild prostitute under PROSTITUTE. \n2. The act ofdebasing. - prostitute, vb. -prostitute, \nn. \npro tanto (proh tan-toh), adv. & adj. [Latin) (l7c) To that \nextent; for so much; as far as it goes <the debt is pro \ntanto discharged> <a pro tanto payment>. \nprotected activity. (1918) Conduct that is permitted or \nencouraged by a statute or constitutional provision, and \nfor which the actor may not legally be retaliated against. \n For example, Title VII of the Civil Rights Act prohib\nits an employer from retaliating against an employee \nwho opposes a discriminatory employment practice \nor helps in investigating an allegedly discriminatory \nemployment practice. An employee who is retaliated \nagainst for engaging in one of those activities has a \nclaim against the employer. 42 USCA  2000e-3(a). \n[Cases: Civil Rights (;::::c 1244; Labor and Employment \nCr'-::772.) \nprotected class. See CLASS (1). \nprotected person. See PERSON (1). \nprotecting power. lnt'llaw. A country responsible for \nprotecting another country's citizens and interests \nduring a conflict or a suspension of diplomatic ties \nbetween the citizens' country and a third party. \nAfter a protecting power is accepted by both belliger\nents, it works to ensure the proper treatment ofnation\nals who are in a belligerent's territory, esp. prisoners of \nwar. Ifthe parties cannot agree on a protecting power, \nthe International Committee of the Red Cross is often \nappointed to this position. \nprotection, n. (14c) 1. The act of protecting. 2. PROTEC\nTIONISM. 3. COVERAGE (1). 4. A document given by a \nnotary public to sailors and other persons who travel \nabroad, certifying that the bearer is a U.S. citizen. \nprotect, vb. \nProtection and Advocacy for Individuals with Mental \nIllness Act. A 1986 federal statute that provides \nfunding for the state-level establishment of indepen\ndent organizations dedicated to monitoring and pro\ntecting the rights of mentally ill citizens. 42 U.S.c. \n 10801-10851.  Formerly titled the Protection and \nAdvocacy for Mentally III Individuals Act, this statute \nwas renamed in the Children's Health Act of 2000 (114 \nStat. 1101). \nProtection and Advocacy for Mentally III Individuals \nAct. See PROTECTION A:SD ADVOCACY FOR INDIVIDU\nALS WITH MENTAL ILLNESS ACT. \nprotection covenant. Oil & gas. The implied promise \nin an oil-and-gas lease that the lessee will protect the \nproperty against the loss of oil and gas by drainage from \nthe prodUcing reservoir by drilling one or more offset\nting wells . The covenant applies only ifa reasonably \nprudent operator would drill the additional wells. \nAlso termed covenant to protect against drainage. See protective order \nREASONABLY PRUDENT-OPERATOR STANDARD. [Cases: \nMines and Minerals (;::::c78.1(1l).j \nprotectionism. (1844) The protection of domestic busi\nnesses and industries against foreign competition by \nimposing high tariffs and restricting imports. -pro\ntectionist, adj. \nprotection money. (lSc) 1. A bribe paid to an officer as \nan inducement not to interfere with the criminal activi\nties of the briber . Examples include payments to an \nofficer in exchange for the officer's releasing an arrestee, \nremoving records of traffic violations from a court's \nfiles, and refraining from making a proper arrest. \n[Cases: Bribery 1(1).] 2. Money extorted from a \nbusiness owner by one who promises to \"protect\" the \nbusiness premises, with the implied threat that if the \nowner does not pay, the person requesting the payment \nwill harm the owner or damage the premises. \nprotection order. See RESTRAINING ORDER (1). \nprotective appeal. See APPEAL. \nprotective committee. A group of security holders or \npreferred stockholders appointed to protect the inter\nests of their group when the corporation is liqUidated \nor reorganized. \nprotective custody. See CUSTODY (1). \nprotective order. (1884) 1. A court order prohibiting or \nrestricting a party from engaging in conduct (esp. a \nlegal procedure such as discovery) that unduly annoys \nor burdens the opposing party or a third-party witness. \n[Cases: Federal Civil Procedure 1271.5; Pretrial \nProcedure (;::::c41.j 2. RESTRAINI:sG ORDER (1). \nblanket protective order. A protective order that covers \na broad subject or class. -Often shortened to blanket \norder. Also termed umbrella protective order. \nemergency protective order. A temporary protective \norder granted on an expedited basis, usu. after an \nex parte hearing (without notice to the other side), \nmost commonly to provide injunctive relief from \nan abuser in a domestic-violence case; esp., a short\nterm restraining order that is issued at the request of \na law-enforcement officer in response to a domestic\nviolence complaint from a victim who is in immediate \ndanger. A victim of domestic violence can obtain an \nEPa only through a law-enforcement officer. There is \nno notice requirement, but the abuser must be served \nwith the order. The duration of an EPa varies from \nthree to seven days, depending on state law. -Abbr. \nEPa. Cf. TEMPORARY RESTRAINING ORDER. [Cases: \nBreach of the Peace \npermanent protective order. A protective order of \nindefinite duration granted after a hearing with \nnotice to both sides; esp., a court order that prohibits \nan abuser from contacting or approaching the pro\ntected person for a long period, usu. years. Despite the \nname, permanent orders often have expiration dates \nset by state law. An order may also require the abuser \nto perform certain acts such as attending counsel\ning or providing financial support for the protected \n\n1344 protective principle \nperson, Abbr, PPO, [Cases: Breach of the Peace \n(;=20.] \nprotective prindple. Int'l law. The doctrine that a sov\nereign state has the power to assert jurisdiction over a \nperson whose conduct outside its boundaries threatens \nits security or could interfere with the operation of its \ngovernment functions. [Cases: International Law \n7,] \nprotective search. See SEARCH. \nprotective sweep. (1973) A police officer's quick and \nlimited search conducted after the officer has \nlawfully entered the premises -based on a reason\nable belief that such a search is necessary to protect the \nofficer or others from harm. \nprotective tariff. See TARIFF (2). \nprotective trust. See TRUST. \nprotector. 1. An unrelated, disinterested overseer of a \ntrust who possesses broader authority than a trustee . \nProtectors are usu. appOinted to manage offshore trusts, \nbut the concept is slowly being applied to domestic \ntrusts, Protectors often possess broad powers to act \nfor the benefit of the trust, as by removing trustees \nand clarifying or modifying trust terms to promote \nthe settlor's objectives. For these reasons, a protector \nis generally not a trustee or beneficiary of the trust. \nCf. TRUSTEE. 2. A person who, haVing been named in \nan instrument creating a fee tail, has the responsibil\nity of exercising discretion over whether the tenant in \ntail may bar the entail. -Also termed protector ofthe \nsettlement. \n'The only additional restriction imposed upon the alien\nation of an estate tail is that the consent of the person \nwho is called the Protector of the settlement is necessary \nto its being effectually barred. Alienation by tenant in tail \nwithout this consent binds his own issue, but not remain\ndermen or reversioners, and creates what is called a 'base \nfee.' The Protector of the settlement is usually the tenant \nfor life in possession; but the settlor of the lands may \nappoint in his place any number of persons not exceeding \nthree to be together Protector during the continuance of \nthe estates preceding the estate tail.\" Kenelm E. Digby, An \nIntroduction to the History ofthe Law ofReal Property 255 \n(5th ed. 1897). \nprotectorate (pr<'l-tek-t<'l-r<'1t). 1. Int'llaw. The relation\nship between a weaker nation and a stronger one when \nthe weaker nation has transferred the management of \nits more important international affairs to the stronger \nnation. 2. Int'l law. The weaker or dependent nation \nwithin such a relationship. 3. (usu. cap.) The period in \nBritish history from 1653 to 1659 -during which \nOliver Cromwell and Richard Cromwell governed. 4. \nThe British government in the period from 1653 to \n1659. \nprotege. 1. A person protected by or under the care or \ntraining of another person or an entity, esp. one who is \nestablished or influential. 2. International law. A nation \nthat is under the protection ofanother nation. 3. Inter\nnational law. A person who is a citizen of a protected \nnation or otherwise recognized by treaty as a protected \nperson. pro tem. abbr. PRO TEMPORE. \npro tempore (proh tem-p<'1-ree), adv. & adj. [Latin] (ISc) \nFor the time being; appointed to occupy a position \ntemporarily <a judge pro tempore>. -Abbr. pro tem. \n[Cases: Judges ~15.J \nprotest, n. (ISc) 1. A formal statement or action express\ning dissent or disapproval.  Under some circum\nstances, a protest is lodged to preserve a claim or right. \n2. A notary public's written statement that, upon pre\nsentment, a negotiable instrument was neither paid nor \naccepted. Also termed initial protest; noting protest. \nCf. NOTICE OF DISHONOR. [Cases: Bills and Notes \n408.J \n\"Noting or initial protest is a memorandum made on [a \ndishonoreq] instrument, with the notary's initials, date, and \nthe amount of noting charges, together with a statement \nof the cause of dishonor, such as 'no effects,' 'not advice,' \nor 'no account.' This is done to charge the memory of the \nnotary, and should be done on the day of dishonor.\" Fred\nerick M. Hinch, john's American Notary and Commission \nofDeeds Manual  442, at 281 (3d ed. 1922). \n3. A formal statement, usu. in writing, disputing a \ndebt's legality or validity but agreeing to make payment \nwhile reserving the right to recover the amount at a \nlater time . The disputed debt is described as under \nprotest. [Cases: Payment 4. Tax. A taxpayer's \nstatement to the collecting officer that payment is being \nmade unWillingly because the taxpayer believes the \ntax to be invalid. 5. Int'llaw. A formal communica\ntion from one subject of international law to another \nobjecting to conduct or a claim by the latter as violating \ninternational law. 6. Patents. A proceeding in the U.S. \nPatent and Trademark Office to determine patentabil\nity ofan invention after a third party has challenged it \nin a petition . Unlike in a public use proceeding, the \nprotestant has no right to participate in the proceeding \nbeyond filing the petition and supporting documents. \n37 CFR 1.291. Cf. PUBLIC-USE PROCEEDING. [Cases: \nPatents ~104.] protest, vb. \nprotestando (proh-t<:l-stan-doh). [Law Latin] Protesting. \n 'Ibis emphatic word was used in a protestation to \nallege or deny something in an oblique manner. \nprotestant. Patents. A person who files a protest petition \nwith the U.S. Patent and Trademark Office challenging \nthe patentability ofan invention. See PROTEST. [Cases: \nPatents ~104.] \nprotestatio contraria facto (proh-tes-tay-shee-oh bn\ntrair-ee-<:l fak-toh). [Law Latin] Hist. Protestation \ninconsistent with one's conduct while protesting. \nprotestation (prot-<:l-stay-sh<:ln). (14c) 1. Common-law \npleading. A declaration by which a party makes an \noblique allegation or denial ofsome fact, claiming that \nit does or does not exist or is or is not legally sufficient, \nwhile not directly affirming or denying the fact. [Cases: \nPleading l28.] \n'The practice of protestation of facts not denied arose \nwhere the pleader, wishing to avail himself of the right \nto contest in a future action some traversable fact in the \npending action, passes it by without traverse, but at the \nsame time makes a declaration collateral or incidental to \n\n1345 provisional exit \nhis main pleading, importing that the fact so passed over \nis untrue. The necessity for this arose from the rule that \npleadings must not be double, and that every pleading \nis taken to admit such matters as it does not traverse. \nSuch being its only purpose, it is wholly without effect in \nthe action in which it occurs ....\" Benjamin J. Shipman, \nHandbook of Common-Law Pleading  207, at 358 (Henry \nWinthrop Ballantine ed., 3d ed. 1923). \n2. Scots law. A defendant's act in a civil case to compel \na pursuer (plaintiff) who has failed to take the neces\nsary procedural steps either to proceed or to allow the \naction to fall. \nprotest certificate. A notarial certificate declaring (1) \nthat a holder in due course has recruited the notary \npublic to present a preViously refused or dishonored \nnegotiable instrument, (2) that the notary has presented \nthe instrument to the person responsible for payment \nor acceptance (the drawee), (3) that the instrument was \npresented at a given time and place, and (4) that the \ndrawee refused or dishonored the instrument.  In \nformer practice, the notary would issue a protest cer\ntificate, which could then be presented to the drawe"}
{"text": "ored the instrument.  In \nformer practice, the notary would issue a protest cer\ntificate, which could then be presented to the drawee \nand any other liable parties as notice that the holder \ncould seek damages for the dishonored negotiable \ninstrument. Also termed notarial protest certificate. \nSee NOTICE OF DlSHONOR. [Cases; Bills and Notes \n408.] \nprotest fee. A fee charged by a bank or other financial \ninstitution when an item (such as a check) is presented \nbut cannot be collected. \nprothonotary (pra-thon-a-ter-ee or proh-tha-noh-ta\nreel, n. A chief clerk in certain courts oflaw. -Also \ntermed protonotary. [Cases; Clerks ofCourts L] \nprothonotarial, adj. \nprotocol. 1. A summary of a document or treaty. 2. A \ntreaty amending and supplementing another treaty. \n[Cases: Treaties (;::::::'8.] 3. The formal record of the pro\nceedings of a conference or congress. -Also termed \nprod~s-verbal. 4. The minutes of a meeting, usu. ini\ntialed by all participants after confirming accuracy. \n5. The rules ofdiplomatic etiquette; the practices that \nnations observe in the course oftheir contacts with \none another. \nprotonotary. See PROTHONOTARY. \npro tribunali (proh trib-ya-nay-h). [Latin] Hist. Before \nthe court. \nprotntor (proh-t[y]oo-tar). Civil law. A person who, \nthough not legally appointed as a guardian, adminis\nters another's affairs. \nprout de lege (proh-at dee [or di]lee-jee). [Law Latin] \nAccording to law . Proof prout de lege is proof by \nany legal means, as distinct from proof limited to \nwriting. -Also termed prout de jure (proh-at dee [or \ndi] joor-ee). \n\"A proof prout de jure is a proof by all the legal means \nof probation -viz.: writ, witnesses, and oath of party; \nalthough, in practice, the phrase is usually applied to a \nproof of facts and circumstances by parole, in contradis\ntinction to a proof limited to writ or oath of party.\" William Bell, Bell's Dictionary and Digest ofthe Law ofScotland 871 \n(George Watson ed., 7th ed. 1890). \nprout patet per recordum (proh-at pay-tet par ri-kor\ndam). [Latin] As appears by the record. \nprovable, adj. (ISc) Capable ofbeing proved. \nprove, vb. (13c) To establish or make certain; to estab\nlish the truth of (a fact or hypothesis) by satisfactory \nevidence. \nprover, n. Hist. A person charged with a felony who \nattempts to obtain a pardon by confessing and naming \naccomplices. \npro veritate accipitur (proh ver-i-tay-tee ak-sip-a-tar). \n[Latinl Hist. Is held or received as the truth. \nprove up, vb. (1832) To present or complete the proof of \n(something) <deciding not to put a doctor on the stand, \nthe plaintiff attempted to prove up his damages with \nmedical records only>. \nprove-up, n. The establishment of a prima facie claim. \n A prove-up is necessary when a factual assertion is \nunopposed because even without opposition, the claim \nmust be supported by evidence. \nprovided, conj. (ISc) 1. On the condition or understand\ning (that) <we will sign the contract provided that you \nagree to the follOWing conditions> . For the Latin \nantecedent ofthis term, see DUMMODO. 2. Except (that) \n<all permittees must be at least 18 years ofage, prOVided \nthat those with a bona fide hardship must be at least 15 \nyears of age>. 3. And <a railway car must be operated \nby a full crew ifit extends for more than 15 continuous \nmiles, provided that a full crew must consist ofat least \nsix railway workers>. \nprovident plea. See PLEA (1). \nprovince, n. 1. An administrative district into which a \ncountry has been divided. 2. A sphere of activity of a \nprofeSSion such as medicine or law. \nprovincia lis (pra-vin-shee-ay-lis). [Latin] One who has \na domicile in a province. \nprovincial synod. See SYNOD. \nproving the tenor. Scots law. An action to establish the \nterms ofa deed or will that has been lost or destroyed. \nprovision. (ISc) 1. A clause in a statute, contract, or other \nlegal instrument. 2. A stipulation made beforehand. \nSee PROVISO. \nprovisional, adj. (16c) 1. Temporary <a provisional \ninjunction>. 2. Conditional <a provisional govern\nment>. \nprovisional alimony. See temporary alimony under \nALIMONY. \nprovisional application. See PATENT APPLICATION. \nprovisional attachment. See ATTACHMENT (1). \nprovisional court. See COURT. \nprovisional director. See DlRECTOR. \nprovisional exit. Criminal procedure. A prisoner's tem\nporary release from prison for a court appearance, \n\n1346 provisional government \nhospital treatment, work detail, or other purpose \nrequiring a release with the expectation of return, \nprovisional government. See GOVERNMENT, \nprovisional injunction. See preliminary injunction \nunder INJUNCTION. \nprovisional partition. See PARTITION, \nprovisional patent application. See provisional applica\ntion under PATENT APPLICATION, \nprovisional remedy. See REMEDY, \nprovisional right. Patents. The right to obtain a reason\nable royalty for use of a patented invention or process \nby an infringer with actual notice during the period \nbetween the publication ofa patent application and the \ntime a patent is issued . The right is only available if \nthe invention as claimed in the issued patent is sub\nstantially identical to the invention as claimed in the \npublished application. 35 USCA  154. \nprovisional seizure. See ATTACHMENT (1). \nprovisione hominis (pr<l-vizh-ee-oh-nee hom-<l-nis). \n[Law Latin] Hist. By an individual's appointment.  \nThe phrase referred to heirs that a testator appoints, as \ndistingUished from those who succeed by law. \nprovisione legis (prd-vizh-ee-oh-nee lee-jis). [Law Latin] \nHist. By provision oflaw. \n\"Heirs who succeed according to the rules of law regulat\ning succession, without the consent or appointment of \ntheir ancestor, are said to succeed provisione legis, and \nare known as heirs-at-Iaw.\" John Trayner, Trayner's Latin \nMaxims 494 (4th ed. 1894). \nprovisione tenus (prd-vizh-ee-oh-nee ten-ds). [Law \nLatin] Hist. To the extent of the provision. \nprovision of a fine. Hist. A proclamation made after \nthe conveying ofland by fine, read aloud in court 16 \ntimes -four times in the term when the fine was made, \nand four times in the three succeeding terms. \nProvisions of Oxford. Hist. Duri ng the reign of Henry \nIII, a constitution created by the Mad Parliament and \nforming the King's advisory council that met with a \ngroup ofbarons several times a year to handle the coun\ntry's affairs and resolve grievances, esp. those result\ning from the King's avoidance ofhis obligations under \nMagna Carta . The Provisions were effective until the \nbaron uprising in 1263 under Simon de Montfort. \nproviso (pr;l-vI-zoh). (ISc) 1. A limitation, condition, or \nstipulation upon whose compliance a legal or formal \ndocument's validity or application may depend. 2. \nIn drafting, a provision that begins with the words \nprovided that and supplies a condition, exception, or \naddition. \nprovisor. 1. Hist. A provider of care or sustenance. 2. \nEccles. law. A person nominated by the pope to be the \nnext incumbent of a benefice that is vacant or about to \nbecome vacant. \nprovocation, n. (ISc) 1. The act ofinciting another to do \nsomething, esp. to commit a crime. 2. Something (such \nas words or actions) that affects a person's reason and \nself-control, esp. causing the person to commit a crime impulsively. [Cases: Sentencing and Punishment (;::J \n1675.] -provoke, vb. provocative, adj. \nadequate provocation. (1842) Something that would \ncause a reasonable person to act without self-control \nand lose any premeditated state of mind . The usual \nform of adequate provocation is the heat of passion. \nAdequate provocation can reduce a criminal charge, \nas from murder to voluntary manslaughter. -Also \ntermed adequate cause; reasonable provocation. See \nHEAT OF PASSION. Cf. SELF-DEFENSE. [Cases: Homicide \n(;::J673.] \nreasonable provocation. See adequate provocation. \nprovost marshal. Military law. A staff officer who super\nvises a command's military police and advises the com\nmander. \nproxenete (prok-sd-neet). [Latin fro Greek] Roman & civil \nlaw. 1. A person who negotiates or arranges the terms \nof a contract between parties; a broker. 2. [Greek] A \nperson who negotiates a matchmaker. \nAlso termed proxeneta. \nproximate (prok-sa-mit), adj. (17c) 1. Immediately \nbefore or after. 2. Very near or dose in time or space. \nCf. IMMEDIATE. proximateness, n. \nproximate cause. See CAUSE (1). \nproximate consequence. (1840) A result following an \nunbroken sequence from some (esp. negligent) event. \n[Cases: Negligence (;::J383-387.] \nproximate damages. See DAMAGES. \nproximity. (ISc) The quality or state of being near in \ntime, place, order, or relation. \nproximus pubertati (prok-s<l-mds pyoo-bar-tay-tr). \n[Latin] Roman law. Near puberty hence likely to \nknow right from wrong. \nproxy, n. (ISc) 1. One who is authorized to act as a sub\nstitute for another; esp., in corporate law, a person who \nis authorized to vote another's stock shares. Cf. absentee \nvote under VOTE (1). [Cases: Corporations 198(1); \nSecurities Regulation (;::J49.l0-49.30.] 2. The grant \nofauthority by which a person is so authorized. 3. The \ndocument granting this authority. Also termed (for \nsense 3 in Roman law) procuratorium. \nproxy contest. A struggle between two corporate factions \nto obtain the votes of uncommitted shareholders . A \nproxy contest usu. occurs when a group of dissident \nshareholders mounts a battle against the corporation's \nmanagers. -Also termed proxy fight. [Cases: Corpo\nrations (;::J 198(3).] \nproxy directive. A document that appoints a surrogate \ndecision-maker for the declarant's healthcare deci\nsions. Cf. ADVANCE DIRECTIVE; INSTRUCTION DIREC\nTIVE; LIVING WILL. \nproxy marriage, See MARRIAGE (3). \nproxy solicitation. A request that a corporate share\nholder authorize another person to cast the sharehold\ner's vote at a corporate meeting. [Cases: Corporations \n(;::J 198(3); Securities Regulation (;::J49.11.] \n\n1347 puberty \nproxy statement. An informational document that \naccompanies a proxy solicitation and explains a \nproposed action (such as a merger) by the corporation. \n[Cases: Corporations \\;=> 198(3); Securities Regulation \n\\;=>49.19.] \nPRP. abbr. POTENTIALLY RESPONSIBLE PARTY. \nprudent, adj. (14c) Circumspect or judicious in one's \ndealings; cautious. prudence, n. \nprudent-investor rule. (1960) Trusts. The principle \nthat a fiduciary must invest in only those securities \nor portfolios of securities that a reasonable person \nwould blJY. The origin of the prudent-investor rule \nis Harvard College v. Amory, 26 Mass. 446 (1830). This \ncase stressed two points for a trustee to consider when \nmaking investments: probable income and probable \nsafety. The trustee must consider both when making \ninvestments. Originally termed the prudent-man rule, \nthe Restatement (Third) ofTrusts changed the term to \nprudent-investor rule. -Also termed prudent-person \nrule. [Cases: Trusts \\;=>217.3(5).J \nprudent-operator standard. See REASONABLY-PRUDENT\nOPERATOR STANDARD. \nprudent person. See REASONABLE PERSON. \nprudent-person rule. See PRUDENT-INVESTOR RULE. \nprurient (pruur-ee-;mt), adj. (17c) Characterized by or \narousing inordinate or unusual sexual desire <films \nappealing to prurient interests>. See OBSCENITY. \nprurience, n. \nPRWORA. abbr. PERSONAL RESPONSIBILITY AND WORK \nOPPORTUNITY RECONCILIATION ACT. \np.s. abbr. (usu. cap.) 1. Public statute. See PUBLIC LAW \n(2). 2. Postscript. \npseudo-foreign-corporation statute. A state law regu\nlating foreign corporations that either derive a specified \nhigh percentage oftheir income from that state or have \na high percentage oftheir stock owned by people living \nin that state. [Cases: Corporations (,.'='636.] \npseudograph (soo-d<>-graf). A false writing; a forgery. \npseudo-guarantee treaty. See guarantee treaty under \nTREATY (1). \npseudonym (sood-<>-nim), n. A fictitious name or \nidentity. Cf. ALIAS. [Cases: Federal Civil Procedure \n101; Names 10; Parties <>=>6"}
{"text": ". Cf. ALIAS. [Cases: Federal Civil Procedure \n101; Names 10; Parties <>=>67,73.] -pseudony\nmous (soo-don-a-m<>s), adj. -pseudonymity (sood\na-nim-a-tee), n. \npseudonymous work. See WORK (2). \npseudopresumption of law. See presumption of law \nunder PRESUMPTION. \npseudo-stepparent adoption. See second-parent \nadoption under ADOPTION. \nPSI. abbr. PRESENTENCE INVESTIGATION REPORT. \npsychiatric (sI-kee-at-rik), adj. Ofor relating to the study \nor treatment ofmental, emotional, and behavioral dis\norders by medical doctors trained in the field of psy\nchiatry. psychiatric examination. Criminal law. An analysis \nperformed by a psychiatrist to determine a defendant's \nmental state . A defendant in a criminal prosecution \nmay undergo a psychiatric examination to determine \ncompetence to stand trial or to establish a defense \nbased on some mental condition, such as insanity. \nAlso (more broadly) termed mental examination. See \nINSANITY DEFENSE; COMPETENCY (2). Cf. competency \nproceeding under PROCEEDING; SUBSTANTIAL-CAPAC\nITY TEST. cr. INDEPENDENT MENTAL EVALUATION. \n[Cases: Mental Health G'::::434.] \npsychological abuse. See emotional abuse under \nABUSE. \npsychological fact. See FACT. \npsychological father. See psychological parent under \nPARENT. \npsychological mother. See psychological parent under \nPARENT. \npsychological parent. See PARENT. \npsychopath (sl-ka-path), n. (1885) 1. A person with a \nmental disorder characterized by an extremely antiso\ncial personality that often leads to aggressive, perverted, \nor criminal behavior.  The formal psychiatric term for \nthe mental illness from which a psychopath suffers is \nantisocial personality disorder. 2. Loosely, a person who \nis mentally ill or unstable. -Also termed sociopath. \n[Cases: Mental Health <8='3.] psychopathy (si-kop\n<>-thee), n. psychopathic (sI-k<>-path-ik), adj. \npsychotherapist-client privilege. See psychotherapist-\npatient privilege under PRIVILEGE (3). \npsychotherapist-patient privilege. See PRIVILEGE (3). \nPTA. abbr. PATENT-TERM ADJUSTMENT. \nPTI. See previously taxed income under INCOME. \nPTO. abbr. Patent and Trademark Office. See UNITED \nSTATES PATENT AND TRADEMARK OFFICE. \nPTO Code ofProfessional Responsibility. Disciplinary \nrules and canons ofethics for practicing before the U.S. \nPatent and Trademark Office . The Code is found at 37 \nCFR  10.20-10.112. Often shortened to PTO Code. \n[Cases: Patents (;:;;97.] \nPTP. See publicly traded partnership under PARTNER\nSHIP. \npuberes (pyoo-b<>-reez), n. pl. [Latin] Roman law. \nChildren who have reached puberty, whether or not \nthey have reached the age ofmajority. \npuberty. 1. The stage ofphYSical development in which a \nperson takes on secondary sexual characteristics, when \nit becomes possible to reproduce. In females, the \nbeginning of this stage is marked by the menarche. 2. \nHist. The earliest age at which one could presumptively \nconsent and to legally enter into a binding marriage. \nAt English common law, children became marriageable \nat the onset oflegal puberty (age 12 for girls and 14 for \nboys). At French civil law, a marriage was invalid ifcon\ntracted before the end oflegal puberty (age 15 for girls \nand 18 for boys). An underage spouse had the power to \n\n1348 Pub.L. \nvoid the marriage. -Also termed (in English common \nlaw) age ofdiscretion. \nPub. L. abbr. PuBLIC LAW (2). \npublic, adj. (14c) 1. Relating or belonging to an entire \ncommunity, state, or nation. [Cases: Municipal Cor\nporations C::='721.] 2. Open or available for all to use, \nshare, or enjoy. 3. (Of a company) having shares that \nare available on an open market. [Cases: Corporations \npublic, n. (16c) 1. The people of a nation or community \nas a whole <a crime against the public>. 2. A place open \nor visible to the public <in public>. \nPublic Access to Court Electronic Records. A computer \nsystem by which subscribers can obtain online infor\nmation from the federal courts, including information \nfrom a court's docket sheet about the parties, filing, and \norders in a specific case. Abbr. PACER. \npublic accommodation. See ACCOMMODATION. \npublic act. See PUBLIC LAW (2). \npublic action. See civil action under ACTION (4). \npublica delicta (p::lb-li-b di-lik-t;l). [Latin] Roman \nlaw. Public wrongs; crimes. See DELICT. Cf. PRIVATA \nDELICTA. \npublic administration. See ADMINISTRATION. \npublic administrator. See ADMINISTRATOR (2). \npublic advocate. See ADVOCATE. \npublic agency. See AGENCY (3). \npublic agent. See AGENT (2). \npublican (p::lb-li-k;ln). 1. A person authorized by license \nto keep a public house for consumption of alcoholic \nbeverages on or off the premises. 2. PUBLICANUS. \npublican us (p;lb-li-kay-n;ls). (Latin] Hist. Roman law. \nA tax collector. A publicanus was described as \"a \nfarmer ofthe public revenue,\" although the publicanus \nreaped only the money from that sown by the labor of \nothers. Often shortened to publican. \npublic appointment. See APPOINTMENT (1). \npublication, n. (14c) 1. Generally, the act ofdeclaring or \nannouncing to the public. 2. Copyright. The offering \nor distribution of copies of a work to the public. -At \ncommon law, publication marked the dividing line \nbetween state and federal protection, but the Copyright \nAct of1976 superseded most ofcommon -law copyright \nand thereby diminished the significance ofpublica\ntion. Under the Act, an original work is considered \npublished only when it is first made publicly available \nwithout restriction. [Cases: Copyrights and Intellectual \nProperty C::='31.] \n''The concept of publication was of immense importance \nunder the 1909 Act. It became a legal word of art, denoting \na process much more esoteric than is suggested by the lay \ndefinition of the term. That it thus evolved was due largely \nto the American dichotomy between common law and stat\nutory copyright, wherein the act of publication constituted \nthe dividing line between the two systems of protection \n[state and federal].\" 1 Melville B. Nimmer & David Nimmer, \nNimmer on Copyright  4.01, at 4-3 (Supp. 1997). divestitive publication. Archaic. The public distribu\ntion of an author's work on a scale large enough to \ndivest the author of any claim to state common-law \ncopyright protection . The Copyright Act of 1976 \npreempted most common-law copyright. -Some\ntimes (erroneously) written divestive publication. \ngeneral publication. Distribution of an author's work \nto the public, as opposed to a selected group, whether \nor not restrictions are placed on the use ofthe work. _ \nBefore the Copyright Act of 1976, a general publica\ntion was generally held to divest common-law rights \nin a work. Rather, the author was deemed to have \ndedicated the work to the public. Cf. limited publi\ncation. [Cases: Copyrights and Intellectual Property \nC;::;)31.] \ninvestitive publication. Archaic. The public distribu\ntion of an author's work on a scale large enough to \nqualify for federal statutory copyright protection . \nSince 1976 copyright has protected works since their \ncreation, rather than their publication. \nlimited publication. Distribution of copies of an \nauthor's work to a selected group for a limited purpose \nand with no permission to copy the work, at a time \nwhen copies are not available to the general public. \n Before the Copyright Act of 1976 made publica\ntion irrelevant, courts distinguished between limited \npublication and general publication to decide whether \nfederal copyright laws applied. Under that Act, a work \npublished before January 1,1978 without proper \ncopyright notice entered the public domain unless \nthe publication was limited. -Also termed private \npublication. Cf. general publication. [Cases: Copy\nrights and Intellectual Property C::='31.J \nprivate publication. See limited publication. \n3. Defamation. The communication of defamatory \nwords to someone other than the person defamed . \nThe communication may be in any form, verbal or non\nverbal. [Cases: Libel and Slander C::='23.] \n\"Publication means the act of making the defamatory \nstatement known to any person or persons other than the \nplaintiff himself. It is not necessary that there should be \nany publication in the popular sense of making the state \nment public. A private and confidential communication to \na single indiVidual is sufficient. Nor need it be published in \nthe sense of being written or printed; for we have seen that \nactions as well as words may be defamatory. A communi \ncation to the person defamed himself, however, is not a \nsufficient publication on which to found civil proceedings; \nthough it is otherwise in the case of a criminal prosecution, \nbecause such a communication may provoke a breach of \nthe peace. Nor does a communication between husband \nand wife amount to publication; domestic intercourse \nof this kind is exempt from the restrictions of the law of \nlibel and slander. But a statement by the defendant to the \nwife or husband of the plaintiff is a ground of action.\" \nR.F.V. Heuston, Salmond on the Law ofTorts 154 (17th ed. \n1977). \n\"The publication of a libel might be in the form of a book, \npamphlet or newspaper, but nothing of that nature is \nrequired. A letter sent to a single individual is sufficient.\" \nRollin M. Perkins & Ronald N. Boyce, Criminal Law 489 (3d \ned. 1982). \n\n1349 \n4. Wills & estates. The formal declaration made by a \ntestator when signing the will that it is the testator's \nwill.  There is no requirement that the provisions of \nthe will or the identities ofthe beneficiaries be revealed \nto the witnesses. \npublication-quality drawings. Patents. Illustrations or \ndrawings filed with a patent application and capable of \nbeing scanned. [Cases: Patents C=> 100.] \npublication right. Copyright. The right of an author \nor artist to decide when to reveal or display a creative \nwork. Publication is one ofthe moral rights ofartists \nrecogniz.ed in civil-law countries and much ofEurope, \nbut largely unavailable in the United States. -Also \ntermed right ofdisclosure. [Cases: Copyrights and Intel\nlectual Property (;:=\"36.] \npublic attorney. See ATTORNEY (2). \npublic authority. See AUTHORITY (3). \npUblic-authority justification. See JUSTIFICATION. \npublica vindicta (pab-Ii-k;l vin-dik-t;l). [Latin] Hist. The \nprotection of the public interest. \npublic-benefit corporation. See public corporation (3) \nunder CORPORATION. \npublic bill. See BILL (3). \npublic blockade. See BLOCKADE. \npublic boundary. See BOUNDARY. \npublic building. A building that is accessible to the \npublic; esp., one owned by the government. [Cases: \nStates C::>88.] \nPublic Buildings Service. A unit in the General Services \nAdministration responsible for constructing federal \nbuildings and managing federally owned and leased \nproperty through 11 regional offices. Abbr. PBS. \n[Cases: United States C=>57.] \npublic carrier. See common carrier under CARRIER. \npublic character. See PUBLIC FIGURE. \npublic commissioner. See PROSECUTOR (1). \npublic contract. See CONTRACT. \nPublic Contracts Act. See WALSH-HEALEY ACT. \npublic controversy. See CONTROVERSY. \npublic-convenience-and-necessity standard. (1964) \nA common criterion used by a governmental body to \nassess whether a particular request or project should \nbe granted or approved. \npublic corporation. See CORPORATION. \npublic debt. See DEBT. \npublic defender. (1827) A lawyer or staff of lawyers, usu. \npublicly appointed and paid, whose duty is to repre\nsent indigent criminal defendants. Often shortened \nto defender. -Abbr. P.D. [Cases: Criminal Law \n1840.] \npublic delict. See DELICT. \npublic director. See DIRECTOR. \npublic disclosure ofprivate facts. See DISCLOSURE (1). public forum \npublic disturbance. See BREACH OF THE PEACE. \npublic document. See DOCUMENT. \npublic domain. (17c) 1. Government-owned land. 2. \nHist. Government lands that are open to entry and \nsettlement.  Today Virtually all federal lands are off\nlimits to traditional entry and settlement. 3. Intellectual \nproperty. The universe of inventions and creative works \nthat are not protected by intellectual-property rights \nand are therefore available for anyone to use without \ncharge. _ When copyright, trademark, patent, or trade\nsecret rights are lost or expire, the intellectual property \nthey had protected becomes part ofthe public domain \nand can be appropriated by anyone without liability \nfor infringement. [Cases: Copyrights and Intellectual \nProperty (;:::::::>40.] \n\"[Plublic domain is the status of an invention. creative \nwork, commercial symbol, or any other creation that is \nnot protected by any form of intellectual property. Public \ndomain is the rule: intellectual property is the exception.\" \n1J. Thomas McCarthy, McCarthy on Trademarks and Unfair \nCompetition  1.01 [2), at 1-3 (3d ed. 1996). \npublic-duty doctrine. (1976) Torts. The rule that a \ngovernmental entity (such as a state or municipality) \ncannot be held liable for an individual pla"}
{"text": ". The rule that a \ngovernmental entity (such as a state or municipality) \ncannot be held liable for an individual plaintiff's injury \nresulting from a governmental officer's or employee's \nbreach ofa duty owed to the general public rather than \nto the individual plaintiff. Also termed public-duty \nrule. See SPECIAL-DUTY DOCTRINE. [Cases: Municipal \nCorporations C=>723.] \npublic easement. See EASEMENT. \npublic enemy. See E)<EMY. \npublic entity. See ENTITY. \npublic-exchange offer. See OFFER. \npublic fact. See FACT. \npublic figure. (1871) A person who has achieved fame \nor notoriety or who has voluntarily become involved \nin a public controversy . A public figure (or public \nofficial) suing for defamation must prove that the \ndefendant acted with actual malice. New York Times \nCo. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710 (1964). Also \ntermed public character. [Cases: Libel and Slander \n48(1).] \nall-purpose public figure. A person who achieves such \npervasive fame or notoriety that he or she becomes \na public figure for all purposes and in all contexts . \nFor example, a person who occupies a position with \ngreat persuasive power and influence may become an \nall-purpose public figure whether or not the person \nactively seeks attention. Gertz v. Robert Welch, Inc., \n418 U.S. 323,345,94 S.Ct. 2997, 3009 (1974). [Cases: \nLibel and Slander C=>48(1).] \nlimited-purpose public figure. (1979) A person who, \nhaVing become involved in a particular public issue, \nhas achieved fame or notoriety only in relation to \nthat particular issue. [Cases: Libel and Slander \n48(1).] \npublic forum. (1935) Constitutional law. A public place \nwhere people traditionally gather to express ideas and \n\n1350 public-function doctrine \nexchange views . To be constitutional, the govern\nment's regulation of a public forum must be narrowly \ntailored to serve a significant government interest and \nmust usu. be limited to time-place-or-manner restric\ntions. -Also termed open forum. See TIME-PLACE-OR\nMANNER RESTRICTION. Cf. NONPUBLIC FORUM. [Cases: \nConstitutional Law c>1732.] \n''IT]raditional public fora are open for expressive activity \nregardless of the government's intent. The objective char\nacteristics of these properties require the government to \naccommodate private speakers. The government is free \nto open additional properties for expressive use by the \ngeneral public or by a particular class of speakers, thereby \ncreating designated public fora. Where the property is not \na traditional public forum, the property is either a nonpub\nlie forum or not a forum at aiL\" Arkansas Educ. Television \nComm'n v. Forbes, 523 U.S. 666, 678,118 S.Ct. 1633, 1641 \n(1998). \ndesignated public forum. (1985) Public property that \nhas not traditionally been open for public assembly \nand debate but that the government has opened for \nuse by the public as a place for expressive activity, \nsuch as a public-university facility or a publicly owned \ntheater.  Unlike a traditional public forum, the gov\nernment does not have to retain the open character of \na designated public forum. Also, the subject matter of \nthe expression permitted in a designated public forum \nmay be limited to accord with the character of the \nforum; reasonable, content-neutral time, place, and \nmanner restrictions are generally permissible. But any \nprohibition based on the content of the expression \nmust be narrowly drawn to effectuate a compelling \nstate interest, as with a traditional public forum. \nAlso termed limited public forum; nontraditional \npublic forum. [Cases: Constitutional Law C:\":' 1744.] \ntraditional public forum. (1973) Public property that \nhas by long tradition -as opposed to governmental \ndesignation -been used by the public for assembly \nand expression, such as a public street, public \nsidewalk, or public park.  To be constitutional, the \ngovernment's content-neutral restrictions ofthe time, \nplace, or manner of expression must be narrowly \ntailored to serve a significant government interest, \nand leave open ample alternative channels of com\nmunication. Any government regulation of expres\nsion that is based on the content of the expression \nmust meet the much higher test of being necessary \nto serve a compelling state interest. -Also termed \nquintessential public forum. [Cases: Constitutional \nLaw 1736J \npublic-function doctrine. See PUBLIC-FUNCTION TEST. \npublic-function rationale. See GOVERNMENTAL-FUNC\nTION THEORY. \npublic-function test. (1966) In a suit under 42 USCA \n 1983, the doctrine that a private person's actions con\nstitute state action ifthe private person performs func\ntions that are traditionallv reserved to the state. -Also \ntermed public-function d;ctrine; public-function theory. \n[Cases: Civil Rights c>1326(4,7).] \npublic fund. See FUND (1). public grant. See PATENT (2). \npublic ground. See public land under LAND. \npublic health. See HEALTH. \nPublic Health Service. The combined offices and units \nofthe U.S. Department ofHealth and Human Services \nresponsible for promoting the physical and mental \nhealth ofAmerican citizens. \npublic hearing. See HEARING. \npublic highway. See HIGHWAY. \npublic house. 1. Archaic. An inn. 2. A tavern where alco\nholic beverages may be bought and consumed on the \npremises . The British term pub is an abbreviation \nof public house. Also termed (in sense 2) tippling \nhouse. \npublici juris (p<lb-li-sI joor-is), adj. [Latin] Of public \nright; of importance to or available to the public <a \ncity holds title to its streets as property publici juris> \n<words that are in general or common use and that \nare merely descriptive are publici juris and cannot be \nappropriated as a trademark>. \npublic improvement. See IMPROVEMENT. \npublic injury. See INJURY. \npublic institution. See INSTITUTION (3). \npublic instrument. See PUBLIC WRITING. \npublic interest. (16c) 1. The general welfare ofthe public \nthat warrants recognition and protection. 2. Some\nthing in which the public as a whole has a stake; esp., \nan interest that justifies governmental regulation. \npublic-interest exception. (1957) The principle that \nan appellate court may consider and decide a moot \ncase -although such decisions are generally prohib\nited -if(1) the case involves a question of considerable \npublic importance, (2) the question is likely to arise in \nthe future, and (3) the question has evaded appellate \nreview. [Cases: Appeal and Error C=781(1); Federal \nCourts C:)723.] \npublic-interest law. Legal practice that advances social \njustice or other causes for the public good, such as envi\nronmental protection . Although public-interest law \nprimarily encompasses private not-for-profit work, the \nterm is sometimes used to include the work of gov\nernment agencies such as public-defender offices. Cf. \nCAUSE LAWYERING; social justice under JUSTICE. \npublic-interest lawyer. See LAWYER. \npublic international law. See INTERNATIO:-lAL LAW. \npublic intoxication. See INTOXICATION. \npublic invitee. See INVITEE. \npublicist.!. A public-relations specialist. 2. An inter\nnational-law scholar . The term applies to scholars of \nboth public and private international law. \npublic-key encryption. See KEY ENCRYPTION. \npublic land. See LAND. \npublic law. (16c) 1. The body oflaw dealing with the rela\ntions between private individuals and the government, \n\n1351 \nandwith the structure and operation ofthe government \nitself; constitutional law, criminal law, and administra\ntive law taken together. Cf. PRIVATE LAW (1). 2. A statute \naffecting the general public . Federal public laws are \nfirst published in Statutes at Large and are eventually \ncollected by subject in the u.s. Code. Abbr. Pub. L.; \nP.L. -Also termed public statute (abbr. P.S.); general \nstatute; (esp. in BrE) public act. Cf. general law (1) under \nLAW; general act and public act under ACT (3). [Cases: \nStatutes ~'::.'68.] 3. Constitutional law. \npublic-lending right. Copyright. In the U.K. and some \nother countries, the right of an author to a royalty for \nworks that are lent out by a public library. \npublic-liability insurance. See liability insurance under \nINSDRANCE. \npublicly held corporation. See public corporation (1) \nunder CORPORATION. \npublicly traded partnership. See PARTNERSHIP. \npublic market. See MARKET. \npublic-meeting law. See SUNSHINE LAW. \npublic minister. See MINISTER. \npublic morality. See MORALITY. \npublic necessity. See NECESSITY. \npublic notice. See NOTICE. \npublic nuisance. See NUISANCE. \npublic offense. See OFFENSE (1). \npublic offer. See offer to all the world under OFFER. \npublic offering. See OFFERING. \npublic office. A position whose occupant has legal \nauthOrity to exercise a government's sovereign powers \nfor a fixed period. [Cases: Officers and Public Employ\nees LJ \npublic official. See OFFICIAL (1). \npublic passage. A right held by the public to pass over a \nbody ofwater, whether the underlying land is publicly \nor privately owned. [Cases: Navigable Waters (;=>15.] \npublic-performance right. See PERFORMANCE RIGHTS. \npublic person. A sovereign government, or a body or \nperson delegated authority under it. \npublic place. Any location that the local, state, or national \ngovernment maintains for the use of the public, such \nas a highway, park, or public building. [Cases: Munici\npal Corporations (;=>721; States ~-:;'88; United States \nG'-::::57.J \npublic policy. (l6c) 1. Broadly, principles and standards \nregarded by the legislature or by the courts as being \noffundamental concern to the state and the whole of \nsociety. Courts sometimes use the term to justify their \ndecisions, as when declaring a contract void because it \nis \"contrary to public policy.\" -Also termed policy of \nthe law. [Cases: Contracts (;=>108.] \n\"The policy of the law, or public policy, is a phrase of \ncommon use in estimating the validity of contracts. Its \nhistory is obscure; it is most likely that agreements which \ntended to restrain trade or to promote litigation were the public safety \nfirst to elicit the principle that the courts would look to \nthe interests of the public in giving efficacy to contracts. \nWagers, while they continued to be legal, were a frequent \nprovocative of judicial ingenuity on this point, as is suf \nficiently shown by the case of Gilbert v. Sykes [16 East 150 \n(1812)J ... : but it does not seem probable that the doctrine \nof public policy began in the endeavor to elude their \nbinding force. Whatever may have been its origin, it was \napplied very frequently, and not always with the happiest \nresults, during the latter part of the eighteenth and the \ncommencement of the nineteenth century. Modern deci\nsions, however, while maintaining the duty of the courts to \nconSider the public advantage, have tended more and more \nto limit the sphere within which this duty may be exer' \ncised.\" William R. Anson, Principles ofthe Law ofContract \n286 (Arthur L Corbin ed., 3d Am. ed. 1919). \n2. More narrowly, the principle that a person should \nnot be allowed to do anything that would tend to injure \nthe public at large. \npublic-policy limitation. (1961) Tax. A judicially devel\noped principle that a person should not be allowed to \ndeduct expenses related to an activity that is contrary \nto the public welfare . This principle is reflected in \nthe Internal Revenue Code's specific disallowance \nprovisions (such as for kickbacks and bribes). [Cases: \nInternal Revenue (\"':=)3368.] \npublic pond. See GREAT POND. \npublic power. See POWER (3). \npublic property. See PROPERTY. \npublic prosecutor. 1. See DISTRICT ATTORNEY. 2. See \nPROSECUTOR (1). \npublic purpose. (18c) An action by or at the direction \nofa government for the benefit ofthe community as a \nwhole. [Cases: Municipal Corporations (;=>861.] \npublic record. See RECORD. \npublic-records doctrine. The principle, applicable in \nmany states, that a third person acquiring or inter\nested in real or immovable property may rely on the \nface ofrelevant public records and need not investigate \nfurther for unrecorded interests. [Cases: Vendor and \nPurchaser (;=>231.] \npublic-records exception. The exception from the \nhearsay rule for the contents of certain public records \nor the absence of a record where it would ordinarily \nbe kept in public archives. Fed. R. Evid. 803(8)-(10). \n[Cases: Criminal Law (;=>429; Evidence (;=>325-337.] \npublic relations. 1. The business of creating or main\ntaining a company's goodwill or good public image. \n2. A company's existing goodwill or public image. \nAbbr. PR. \npublic reprimand. See REPRIMAND. \npublic revenue. See REVENUE. \npublic right. See RIGHT. \npublic right-of-way. See RIGHT-OF-WAY. \npublic safety. (16c) The welfare and protection of the \ngeneral public, usu. expressed as a governmental \nresponsibility <Department ofPublic Safety>. [Cases: \nMunicipal Corporations (:=>595.] \n\n1352 public-safety exception \npublic-safety exception. (1984) Evidence. An exception \nto the Miranda rule, allowing into evidence an other\nwise suppressible statement by a defendant concerning \ninformation that the police needed at the time it was \nmade in order to protect the public. _ If, for example, \na"}
{"text": "concerning \ninformation that the police needed at the time it was \nmade in order to protect the public. _ If, for example, \na victim tells the police that an assailant had a gun, \nand upon the suspect's arrest the police find a holster \nbut no gun, they would be entitled immediately to ask \nwhere the gun is. Under the public-safety exception, \nthe suspect's statement of the gun's location would be \nadmissible. [Cases: Criminal Law (;:::>412.2(3).] \npublic sale. See SALE. \npublic school. See SCHOOL. \npublic seal. See SEAl.. \npublic sector. (1934) The part of the economy or an \nindustry that is controlled by the government. Cf. \nPRIVATE SECTOR. \npublic security. See SECURITY. \npublic service. (16c) 1. A service provided or facilitated \nby the government for the general public's convenience \nand benefit. 2. Government employment; work per\nformed for or on behalf of the government. 3. Broadly, \nany work that serves the public good, including govern\nment work and public-interest law. [Cases: Officers and \nPublic Employees (;:::> 1.] \npublic-service commission. See COMMISSION (3). \npublic-service corporation. See CORPORATION. \npublic servitude. See SERVITUDE (2). \npublic session. See open session under SESSION (1). \npublic statute. 1. See general statute under STATlJTE. 2. \nSee PUBLIC LAW (2). \npublic stock. See STOCK. \npublic store. See STORE. \npublic tort. See TORT. \npublic trial. See TRIAL. \npublic, true, and notorious. Hist. Eccles. law. The con\ncluding words of each allegation in a court petition. \npublic trust. See charitable trust under TRUST. \npublic-trust doctrine. The principle that naVigable \nwaters are preserved for the public use, and that the \nstate is responsible for protecting the public's right to \nthe use. [Cases: Navigable Waters G=>2.] \npublicum jus (pab-li-kdm j;}s). [Latin] See JUS PUBLI\nCUM. \npublic use. See USE (1). \npublic-use bar. Patents. A statutory bar that prevents the \ngranting of a patent for an invention that was publicly \nused or sold in the United States more than one year \nbefore the application date. 35 USCA  102(b). _ The \ndoctrine can be invoked for any public use, any com\nmercial use, any sale or offer of sale, or any private \ntransfer made without a pledge ofsecrecy. Cf. PRIVATE\nUSE EXCEPTIO~. -Also termed prior-use bar. [Cases: \nPatents public-use proceeding. Patents. An investigation into \nwhether a patent is barred because the invention was \npublicly used or sold more than a year before the \napplication was filed. -Rarely used, this procedure is \ninstituted upon a petition by someone protesting the \napplication. Ifthe petition and supporting documents \nmake out a prima facie case, the examiner will hold a \nhearing and issue a final decision, which is not review\nable. 37 CFR 1.292. -Abbr. PUP. Cf. PROTEST. [Cases: \nPatents \npublic utility. See UTILITY. \npublic utility district. See municipal utility district under \nDISTRICT. \nPublic Utility Holding Company Act. A federal law \nenacted in 1935 to protect investors and consum\ners from the economic disadvantages produced by \nthe small number ofholding companies that owned \nmost of the nation's utilities. -The Act also sought to \nprotect the public from deceptive security advertising. \n15 USCA  79 et seq. Abbr. PUlfCA. [Cases: Public \nUtilities (;:::>211-216.] \npublic verdict. See VERDICT. \npublic vessel. See VESSEL. \nPublic Vessels Act. A federal law enacted in 1925 to allow \nclaims against the United States for damages caused by \none of its vessels. 46 USCA app.  781-90. Abbr. \nPVA. [Cases: United States (;:::>78(7).] \npublic war. See WAR. \npublic water. See WATER. \npublic welfare. See WELFARE (1). \npublic-welfare offense. See OFFENSE (1). \npublic wharf. See WHARF. \npublic works. See WORKS. \npublic worship. See WORSHIP. \npublic writing. 1. The written acts or records ofa govern\nment (or its constituent units) that are not constitution\nally or statutorily protected from disclosure. -Laws \nand judicial records, for example, are public writings. \nA private writing that becomes part of a public record \nmay be a public writing in some circumstances. [Cases: \nRecords (;:::>54.] 2. Rare. A document prepared by a \nnotary public in the presence of the parties who sign it \nbefore witnesses. Also termed (in both senses) public \ninstrument; (in sense 2) escritura publica. \npublic wrong. See WRONG. \npublish, vb. (14c) 1. To distribute copies (of a work) to \nthe public. 2. To communicate (defamatory words) to \nsomeone other than the person defamed. See INTENT \nTO PUBLISH. [Cases: Libel and Slander (;=-'23.] 3. To \ndeclare (a will) to be the true expression of one's tes\ntamentary intent. [Cases: Wills (;:~\" 119.] 4. To make \n(evidence) available to a jury during trial. See PUBLI\nCATION. \nPUc. abbr. Public Utilities Commission. \n\n1353 \npun. abbr. 1. PLANNED-UNIT DEVELOPMENT. 2. See \nmunicipal utility district under DISTRICT. \npudzeld. See WOOD-GELD. \npueblo (pweb-loh). [Spanish] A town or village, esp. in \nthe southwestern United States. \npuer (Pyoo-<\"lr), n. [Latin] Roman law. 1. A child, esp. a \nboy. 2. A male slave. PI. pueri (pyoor-I). \npuerility (Pyoo-<\"l-ril-Cl-tee or pyuu-ril-<\"l-tee). Civil law. \nA child's status between infancy and puberty. \npueritia (Pyoo-<\"l-rish-ee-<\"l), n. [Latinl Roman law. Child\nhood, esp. up to the age of 17, the minimum age for \npleading before a magistrate. Cf. AETAS INFANTIAE \nPROXIMA; AETAS PUBERTATI PROXIMA. \npuffer. See BY-BIDDER. \npuffing. (18c) 1. The expression of an exaggerated \nopmlOn as opposed to a factual misrepresenta\ntion -with the intent to sell a good or service. \nPuffing involves expressing opinions, not asserting \nsomething as a fact. Although there is some leeway in \npuffing goods, a seller may not misrepresent them or \nsay that they have attributes that they do not possess. \nAlso termed puffery; sales puffery; dealer's talk. [Cases: \nContracts (>94(7); Sales (>38(3),261(5).] \n\"'Dealer's puffing,' so long as it remains in the realm of \nopinion or belief, will not support a conviction of false \npretenses however extravagant the statements.\" Rollin \nM. Perkins & Ronald N. Boyce, Criminal Law 369 (3d ed. \n1982). \n2. Secret bidding at an auction by or on behalf of a \nseller; BY-BIDDING. \nPugh clause. Oil 6-gas. A provision in an oil-and\ngas lease modifying the effect ofmost lease-pooling \nclauses by severing pooled portions of the lease from \nunpooled portions of the lease. -Drilling or produc\ntion on a pooled portion will not maintain the lease \nfor the unpooled portions. The clause is named for \nLawrence G. Pugh, an attorney from Cowley, Louisi\nana, who drafted the first version in 1947. In Texas it is \ntermed a Freestone rider. See POOLING. [Cases: Mines \nand Minerals (>78.1(7).] \nPUHCA. abbr. PUBLIC UTILITY HOLDING COMPANY \nACT. \npuis (pwis or pwee). [Frenchl Afterwards; since. \npuis darrein continuance (pwis dar-ayn bn-tin-yoo\nants). [Law French \"since the last continuance\"] See \nplea puis darrein continuance under PLEA (3). \npuisne (pyoo-nee), adj. [Law French] (16c) Junior in \nrank; subordinate. \npuisne judge. See JUDGE. \npuisne mortgage. See junior mortgage under \nMORTGAGE. \nPullman abstention. See ABSTENTION. \npulsare (pa]-sair-ee), vb. [Latin] Civil law. To accuse or \ncharge; to proceed against at law. \npulsator (pal-say-t<\"lr). Civil law. A plaintiff or actor. punishment \npumping unit. Oil & gas. Equipment used to pump oil \nto the surface when the pressure difference between \nthe formation and the borehole is not strong enough \nto cause oil to rise to the surface. Also termed \npumpjack; horsehead. \npumpjack. See PUMPING UNIT. \npunctum temporis (pangk-t<\"lm tem-pa-ris). [Latin] A \npoint oftime; an instant. \npunies (pyoo-neez). Slang. Punitive damages. See \npunitive damages under DAMAGES. \npunishable, adj. (15c) 1. (Of a person) subject to a pun\nishment <there is no dispute that Jackson remains pun\nishable for these offenses>. 2. (Of a crime or tort) giving \nrise to a specified punishment <a felony punishable by \nimprisonment for up to 20 years>. punishability, \nn. \npunishment, n. (l5c) 1. A sanction -such as a fine, \npenalty, confinement, or loss ofproperty, right, or priv\nilege -assessed against a person who has violated the \nlaw. See SENTENCE. \n\"Punishment in all its forms is a loss of rights or advantages \nconsequent on a breach of law. When it loses this quality \nit degenerates into an arbitrary act of Violence that can \nproduce nothing but bad social effects.\" Glanville Williams, \nCriminal Law 575 (2d ed. 1961). \n\"In the treatment of offenders there is a clear and unmis' \ntakable line of division between the function of the judge \nand that of the penologist. I should modify that: the law \nis clear only if it is first made clear in what sense the word \n'treatment' is being used. For in this context the word can \nbe used in two senses, one wide and the other narrow. Let \nme take the wide meaning first. The object of a sentence \nis to impose punishment. For 'punishment', a word which \nto many connotes nothing but retribution, the softer word \n'treatment' is now frequently substituted; this is the wider \nmeaning. The substitution is made, I suppose, partly as a \nconcession to the school which holds that crime is caused \nby mental Sickness, but more justifiably as a reminder that \nthere are other methods of dealing with criminal tenden\ncies besides making the consequences of crime unpleas\nant.\" Patrick Devlin, The Judge 32-33 (1979). \ncapital punishment. See CAPITAL PUNISHMENT. \ncollective punishment. See COLLECTIVE PUNISH\nMENT. \ncorporal punishment. (16c) Physical punishment; pun\nishment that is inflicted upon the body (including \nimprisonment). [Cases: Sentencing and Punishment \n(>1524, 1525.] \n'Past forms of corporal punishment included branding, \nblinding, mutilation, amputation, and the use of the \npillory and the stocks. It was also an element in such \nviolent modes of execution as drowning, stoning, burning, \nhanging. and drawing and quartering .... In most parts \nof Europe and in the United States, such savage penalties \nwere replaced by imprisonment during the late eighteenth \nand early nineteenth centuries, although capital punish\nment itself remained. Physical chastisement became less \nfrequent until, in the twentieth century, corporal punish\nment was either eliminated as a legal penalty or restricted \nto beating with a birch rod, cane, whip, or other scourge. \nIn ordinary usage the term now refers to such penal flag\nellation.\" Gordon Hawkins, \"Corporal Punishment,\" in 1 \nEncyclopedia of Crime and Justice 251, 251 (Sanford H. \nKadish ed., 1983). \n\npunitive 1354 \ncruel and unusual punishment. (17c) Punishment \nthat is torturous, degrading, inhuman, grossly dis\nproportionate to the crime in question, or otherwise \nshocking to the moral sense of the community . \nCruel and unusual punishment is prohibited by the \nEighth Amendment. [Cases: Sentencing and Punish\nment (:::::> 1430-1607.] \ncumulative punishment. (1842) Punishment that \nincreases in severity when a person is convicted of \nthe same offense more than once. \ndeterrent punishment. (1896) 1. Criminal law. Punish\nment intended to deter the offender and others from \ncommitting crimes and to make an example of the \noffender so that like-minded people are warned of \nthe consequences ofcrime. [Cases: Sentencing and \nPunishment (:::::>41.] 2. Torts. Punishment intended \nto deter a tortfeasor from repeating a behavior or \nfailing to remove a hazard that led to an injury . \nPunitive damages are usu. awarded as a deterrent \npunishment. \nexcessive punishment. (17c) Punishment that is not jus\ntified by the gravity of the offense or the defendant's \ncriminal record. See excessive fine (1) under FINE (5). \n[Cases: Sentencing and Punishment (:::::> 32.] \ninfamous punishment. (16c) Punishment by impris\nonment, usu. in a pen"}
{"text": "32.] \ninfamous punishment. (16c) Punishment by impris\nonment, usu. in a penitentiary. See infamous crime \nunder CRIME. \nnonjudicial punishment. Military law. A procedure \nunder which a commanding officer levies punish\nment against a minor offender who is subject to the \nUniform Code ofMilitary Justice . In the Navy and \nCoast Guard, nonjudicial punishment is termed cap\ntain's mast; in the Marine Corps, it is termed office \nhours; and in the Army and Air Force, it is referred to \nas Article 15. Nonjudicial punishment is not a court\nmartial. [Cases: Armed Services (;:::>39; Military \nJustice C::>525.] \npreventive punishment. (1893) Punishment intended \nto prevent a repetition ofwrongdOing by disabling \nthe offender. [Cases: Sentencing and Punishment C'-:::> \n42.] \nreformative punishment. (1919) Punishment intended \nto change the character ofthe offender. [Cases: Sen\ntencing and Punishment \nretributive punishment. (1887) Punishment intended \nto satisfy the community's retaliatory sense ofindig\nnation that is provoked by injustice. [Cases: Sentenc\ning and Punishment C-~44.] \n\"The fact that it is natural to hate a criminal does not prove \nthat retributive punishment is justified.\" Glanville Williams, \nThe Sanctity ofLife and the Criminal Law 60 (1957). \n2. Family law. A negative disciplinary action adminis\ntered to a minor child by a parent. [Cases: Parent and \nChild C=2.5.] \npunitive, adj. (16c) InvolVing or int1icting punish\nment. Also termed punitory. punitive articles. Articles 77-134 ofthe lIniform Code \nofMilitary Justice . These articles list the crimes in the \nmilitary-justice system. [Cases: Armed Services (:::::>35; \nMilitary Justice (:::::>550-789.] \npunitive damages. See DAMAGES. \npunitive isolation. See punitive segregation under SEG\nREGATION (1). \npunitive segregation. See SEGREGATION. \npunitive statute. See penal statute under STATUTE. \npunitory. See PUNITIVE. \npunitory damages. See punitive damages under \nDAMAGES. \nPUP, abbr. See PUBLIC-USE PROCEEDING. \npupil. Scots & civil law. A person who has not reached or \ncompleted puberty. See MINORITY (1). \npupillarity (pyoo-pi-lair-d-tee). Scots & Civil law. The \nstage ofa person's life that spans from infancy through \npuberty. \npupillary substitution (Pyoo-pd-Ier-ee). See SUBSTITU\nTION (5). \npupillus (pyoo-pil-ds), n. [Latin] Roman law. A child \nunder the age ofpuberty and under the authority of a \nsui juris tutor. See TUTELA. \npur (pdr or poor). [Law French] By; for. \npur autre vie (par oh-tr;:! [or oh-tdr] vee). [Law French \n\"for another's life\"] For or during a period measured \nby another's life <a life estate pur autre vie>. Also \nspelled per autre vie. \npurchase, n. (lSc) 1. The act or an instance of buying. \n2. The acquisition of real property by one's own or \nanother's act (as by will or gift) rather than by descent \nor inheritance. [Cases: Vendor and Purchaser \nCf. DESCENT (1). -purchase, vb. \ncompulsory purchase. Rare. See EMINENT DOMAIN. \npurchase, words of. See WORDS OF PURCHASE. \npurchase accounting method. See ACCOUNTING \nMETHOD. \npurchase agreement. (1909) A sales contract. Cf. REPUR\nCHASE AGREEMENT. \nblanket purchase agreement. See BLANKET ORDER \n(3). \npurchase money. (17c) The initial payment made on \nproperty secured by a mortgage. [Cases: Mortgages \n(;:::>115.] \npurchase-money interest. See purchase-money security \ninterest under SECURITY INTEREST. \npurchase-money mortgage. See MORTGAGE. \npurchase-money resulting trust. See TRUST. \npurchase-money security interest. See SECURITY \nINTEREST. \npurchase order. (1916) A document authorizing a seller \nto deliver goods with payment to be made later. \nAbbr. P.O. [Cases: Sales (:::::>23(1).] \n\n1355 \nblanketpurchase order. See BLANKET ORDER (3). \npurchaser. (14c) 1. One who obtains property for money \nor other valuable consideration; a buyer. \naffiliated purchaser. Securities. Any of the following: \n(1) a person directly or indirectly acting in concert \nwith a distribution participant in connection with the \nacquisition or distribution of the securities involved; \n(2) an affiliate who directly or indirectly controls the \npurchases of those securities by a distribution par\nticipant, or whose purchases are controlled by such a \nparticipant, or whose purchases are under common \ncontrol with those of such a participant; (3) an affili\nate, who is a broker or a dealer (except a broker-dealer \nwhose business consists solely of effecting transac\ntions in \"exempted securities,\" as defined in the \nExchange Act); (4) an affiliate (other than a broker\ndealer) who regularly purchases securities through \na broker-dealer, or otherwise, for its own account or \nfor the account ofothers, or recommends or exercises \ninvestment discretion in the purchase or sale ofsecu\nrities (with certain specified exceptions). SEC Rule \nlOb-lS(a)(2) (17 CFR  240.lOb-lS(a)(2. \nbonafide purchaser. (1Sc) One who buys something \nfor value without notice of another's claim to the \nproperty and without actual or constructive notice \nof any defects in or infirmities, claims, or equities \nagainst the seller's title; one who has in good faith \npaid valuahle consideration for property without \nnotice of prior adverse claims. -Generally, a bona \nfide purchaser for value is not affected by the transf\neror's fraud against a third party and has a superior \nright to the transferred property as against the trans\nferor's creditor to the extent ofthe consideration that \nthe purchaser has paid. -Abbr. BFP. Also termed \nbona jide purchaser for value; good-faith purchaser; \npurchaser in good faith; innocent purchaser; innocent \npurchaser for value. [Cases: Sales (;::::::>234(1); Vendor \nand Purchaser (;::::::>220.J \ngood-faith purchaser. See bona fide purchaser. \ninnocent purchaser. See bona fide purchaser. \ninnocent purchaser for value. See bona fide pur\nchaser. \npurchaser for value. A purchaser who pays consider\nation for the property bought. \npurchaser in goodfaith. See bona fide purchaser. \npurchaser pendente lite. One who buys an interest in \nsomething that is the subject of a pending lawsuit. \n[Cases: Lis Pendens <8=>22(4), 23.] \n2. One who acquires real property by means other than \ndescent, gift, or inheritance. \nfirst purchaser. An ancestor who first acquired an \nestate that still belongs to the family. \npure acddent. See unavoidable accident under \nACCIDENT. \npure annuity. See nonrefund annuity under ANNUITY. purpart \npure-comparative-negligence doctrine. (1976) The \nprinciple that liability for negligence is apportioned \nin accordance with the percentage of fault that the \nfact-finder assigns to each party and that a plaintiff's \npercentage of fault reduces the amount of recoverable \ndamages but does not bar recovery. See comparative \nnegligence under NEGLIGENCE; APPORTIONMENT OF \nLIABILITY. Cf. 50-PERCENT RULE. [Cases: Negligence \n~-:>549(lO).1 \npure debt. See pure obligation under OBLIGATION. \npure easement. See easement appurtenant under \nEASEMENT. \npure freezeout. See FREEZEOUT. \npure mark. See technical trademark under TRADE\nMARK. \npure obligation. See OBLIGATION. \npure plea. See PLEA (3). \npure race statute. See RACE STATUTE. \npure risk. See RISK. \npure speech. See SPEECH. \npure theory. The philosophy ofHans Kelsen, in which he \ncontends that a legal system must be \"pure\" -that is, \nself-supporting and not dependent on extralegal values. \n-Kelsen's theory, set out in such works as General \nTheory ofLaw and the State (1945) and The Pure Theory \nofLaw (1934), maintains that laws are norms handed \ndown by the state. Laws are not defined in terms of \nhistory, ethics, sociology, or other external factors. \nRather, a legal system is an interconnected system of \nnorms, in which coercive techniques are used to secure \ncompliance. The validity of each law, or legal norm, is \ntraced to another legal norm. Ultimately, all laws must \nfind their validity in the society's basic norm (grund\nnorm), which may be as simple as the concept that the \nconstitution was validly enacted. See basic norm under \nNORM. \npure trademark. See technical trademark under TRADE\nMARK. \npure villeinage. See VILtEINAGE. \npurgation (par-gay-sh;m). Hist. The act of cleansing or \nexonerating oneself ofa crime or accusation by an oath \nor ordeal. \ncanonical purgation. Purgation by oath-helpers in an \necclesiastical court. See COMPURGATION. \nvulgar purgation. Purgation by fire, hot irons, battle, \nor cold water; purgation by means other than by oath\nhelpers. _ Vulgar purgation was so called because it \nwas not sanctioned by the church after 1215. \npurgatory oath. See OATH. \npurge, vb. (13c) To exonerate (oneself or another) of gUilt \n<the judge purged the defendant ofcontempt>. [Cases: \nContempt (:::;>S1.) \npurpart (p;)r-pahrt). A share of an estate formerly held \nin common; a part in a division; an allotment from \n\n1356 purparty \nan estate to a coparcener. Formerly also termed \npurparty; perparts; pourparty. \npurparty (p3r-pahr-tee). See PURPART. \npurport (p3r-port), n. (ISc) The idea or meaning that is \nconveyed or expressed, esp. by a formal document. \npurport (pdr-port), vb. (l7c) To profess or claim, esp. \nfalsely; to seem to be <the document purports to be a \nwill, but it is neither signed nor dated>. \npurported, adj. (1885) Reputed; rumored. \npurpose. (l3c) An objective, goal, or end; specif., the \nbusiness activity that a corporation is chartered to \nengage in. [Cases: Corporations 14.] \npurpose approach. See MISCHIEF RULE. \npurpose dause. An introductory clause to a statute \nexplaining its background and stating the reasons for \nits enactment. [Cases: Statutes C=210.) \npurposeful, adj. Done with a specific purpose in mind; \ndeliberate. \npurposive construction. See CONSTRUCTION. \npurpresture (pdr-pres-chdr). (14c) An encroachment \nupon public rights and easements by appropriation to \nprivate use ofthat which belongs to the public. -Also \nspelled pourpresture. \npurprise (pdr-prIz), vb. [Law French) Hist. To encroach \non land illegally; to make a purpresture. \npurse, n. A sum of money available to the winner ofa \ncontest or event; a prize. lCases: Gaming \npurser. A person in charge of accounts and documents \non a ship. [Cases: ShippingC=74.] \npurse-snatching. The stealing of a handbag or other \nsimilar item by seizing or grabbing it from a victim's \nphysical possession and then fleeing, often without \nharm or threat ofharm to the victim. Purse-snatch\ning is usu. a type of larceny. But if the perpetrator \nuses great force to take the bag or injures or threatens \nto injure the victim, it may instead be classified as a \nrobbery. Cf. LARCENY; ROBBERY. [Cases: Larceny C:J \n19; Robbery C= 6.) \npursuant to. (16c) 1. In compliance with; in accordance \nwith; under <she filed the motion pursuant to the \ncourt's order>. 2. As authorized by; under <pursuant \nto Rule 56, the plaintiff moves for summary judgment>. \n3. In carrying out <pursuant to his responsibilities, he \nensured that all lights had been turned out>. \npursuer. Civil & Scots law. A plaintiff. \npursuit. (14c) 1. An occupation or pastime. 2. The \nact of chasing to overtake or apprehend. See FRESH \nPURSUIT. \npursuit ofhappiness. (18c) The principle announced \nin the Declaration ofIndependence that a person \nshould be allowed to pursue the person's desires (esp. \nin regard to an occupation) without unjustified inter\nterence by the government. [Cases: Constitutional Law \n(;::::> 1107.] pur tant que (pdr tant kyoo or poor tahn kd). [Law \nFrench] Forasmuch as; because; for the purpose of. \npurus idiota (pyoor-<:ls id-ee-oh-t<:l). [Latin) An absolute \nor congenital idiot. See IDIOT. \npurview (p3r-vyoo). (15c) 1. Scope;"}
{"text": "ital idiot. See IDIOT. \npurview (p3r-vyoo). (15c) 1. Scope; area of application. \n2. The body ofa statute following the preamble. \n\"The word 'purview' appears sometimes to be confined \nto so much of the body of the statute as would be left by \nomitting the exceptions, provisos, and savings clauses; and \nas the word is ambiguous, and not very useful at best, a \nwise course may be not to use it at all.\" William M, Ule et aI., \nBrief Making and the Use ofLaw Books 336 (3d ed. 1914), \npusher. A person who sells illicit drugs. [Cases: Con\ntrolled Substances C~32.) \nPushman doctrine. Archaic. The rule that transfer of \nan unpublished work transfers the common-law copy\nright to the work along with the work itself . Ihe name \nderives from Pushman v. New York Graphic Socy, Inc., \n39 N.E.2d (N.Y. 1942). The doctrine was rejected by \n 202 of the Copyright Act of 1976, but it remains in \neffect for transfers completed before the provision's \neffective date ofJanuary 1, 1978. \n\"[AJn outright sale of a material object, such as a book, \ncanvas, or master tape of a musical work, does not \ntransfer copyright. One possible exception to this rule \nis the Pushman doctrine under which an author or artist \nwho has sold an unpublished work of art or a manuscript \nis presumed to have transferred his common law copy' \nright, unless the copyright has been specifically reserved.\" \nMarshall A. Leaffer, Understanding Copyright Law 211 (3d \ned. 1999). \nput, n. See put option under OPTION. \nputative (PyOO-ld-tiv), adj. (ISc) Reputed; believed; \nsupposed. \nputative damages. See DAMAGES. \nputative father. See FATHER. \nputative-father registry. Family law. An official roster \nin which an unwed father may claim possible paternity \nof a child for purposes of receiving notice of a \nspective adoption of the child. [Cases: Adoption \n12; Children Out-of-Wedlock C=' 12.] \nPutative Fathers Act. See UNIFORM PUTATIVE AND \nUNKNOWN FATHERS ACT. \nputative marriage. See MARRIAGE (1). \nputative matrimony. See putative marriage under \nMARRIAGE (1). \nputative spouse. See SPOUSE. \nputative-spouse doctrine. See putative marriage under \nMARRIAGE (1). \nput bond. See BOND (3). \nput in, vb. (ISc) To place in due form before a court; to \nplace among the records of a court. \nput on notice. See CHARGED WITH NOTICE. \nput option. See OPTION. \nput out. See EVICT (1). \nput price. See strike price under PRICE. \n\n1357 \nputtable (puut-;:J-b;:Jl), adj. (Of a security) capable of \nbeing required by the holder to be redeemed by the \nissuing company. \nput the question. (Of the chair) to formally state a \nquestion in its final form for the purpose of taking a \nvote. Cf. STATE THE QUESTION. \nputting infear. (17c) The threatening ofanother person \nwith violence to compel the person to hand over \nproperty. These words are part of the common-law \ndefinition ofrobbery. [Cases: Robbery \nputting to the horn. Scots law. See HORNING. \nput to the horn. Scots law. To declare (a person) an \noutlaw. -Also termed be at the horn. \nPYA. abbr. PUBLIC VESSELS ACT. \nPVPA. abbr. PLANT VARIETY PROTECTION ACT. \nPWBA. abbr. PENSION AND WELFARE BENEFITS ADMIN\nISTRATION. \npyramid distribution plan. See PYRAMID SCHEME. pyramid scheme \npyramiding. A speculative method used to finance \na large purchase of stock or a controlling interest \nby pledging an investment's unrealized profit. See \nLEVERAGE; MARGIN. \npyramiding inferences. See INFERENCE-STACKING. \npyramiding inferences, rule against. (1959) Evidence. \nA rule prohibiting a fact-finder from piling one infer\nence on another to arrive at a conclusion . Today this \nrule is followed in only a few jurisdictions. Cf. REASON\nABLE-INFERENCE RULE. [Cases: Criminal LawC;:;::)306; \nEvidence \npyramid scheme. (1949) A property-distribution scheme \nin which a participant pays for the chance to receive \ncompensation for introducing new persons to the \nscheme, as well as for when those new persons them\nselves introduce participants . Pyramid schemes are \nillegal in most states. Also termed endless-chain \nscheme; chain-referral scheme; multilevel-distribution \nprogram; pyramid distribution plan. Cf. PONZI SCHEME. \n[Cases: Antitrust and Trade Regulation \n\nQ \nQ. abbr. (l6c) QUESTION (1). This abbreviation is almost \nalways used in deposition and trial transcripts to denote \neach question asked by the examining lawyer. \nQ-and-A. abbr. (1837) QUESTION-AND-A>lSWER. \nQ.B. abbr. QUEEN'S BENCH. \nQ.B.D. abbr. BENCH DIVISION. \nQ.C. abbr. QUEEN'S COUNSEL. \nqcf. abbr. QUARE CLAUSUM FREGIT. \nQD. abbr. [Latin quasi dicatl (16c) As ifhe should say. \nQDOT. abbr. QUALIFIED DOMESTIC TRUST. \nQDRO (kwah-droh). abbr. QUALIFIED DOMESTIC-RELA\nTIONS ORDER. \nQED. abbr. [Latin quod erat demonstranduml (l7c) \nWhich was to be demonstrated or proved. \nQEF. abbr. [Latin quod erat faciendum] Which was to \nbe done. \nQEN. abbr. [Latin quare executionem non] Whyexecu\ntion should not be issued. \nQMCSO. abbr. QUALIFIED MEDICAL CHILD- SUPPORT \nORDER. \nQPRT. abbr. QUALIFIED PERSONAL-RESIDENCE TRUST. \nqq.v. See Q.V. \nQ.S. See quarter session under SESSION (1). \nQSST. abbr. See qualified S-corporation trust under \nTRUST (3). \nQ.T. abbr. QUI TAM ACTION. \nQTIP (kyoo-tip). abbr. QUALIFIED-TERMINABLE-INTER\nEST PROPERTY. \nQTIP trust. See TRUST. \nqua (kway or kwah). [Latin) (l7c) In the capacity of; as \n<the fiduciary, qua fiduciary, is not liable for fraud, but \nhe may be liable as an individual>. \nquacumque via data (kway-kam-kwee VI-d day-td). \n[Latin] Whichever way given; whichever way you take \nit. \nquadragesima (kwah-drd-jes-i-ma), n. [Latin \"fortieth\"] \nHist. 1. Lent so called because it runs about 40 days. \n2. The first Sunday in Lent -so called because it is \nabout the fortieth day before Easter. \nquadragesimals (kwah-dra-jes-i-malz), n. pl. [fro Latin \nquadragesima \"the fortieth\"] Hist. Offerings made on \nMid- Lent Sunday by daughter churches to the mother \nchurch. \nquadriennium (kwah-dree-en-ee-dm), n. [Latin fro \nquatuor \"four\" + annus \"year\"] 1. Roman law. The four\nyear course of study required oflaw students before \nthey were qualified to study the Code or collection of imperial constitutions. 2. Scots law. See QUADRIENNIUM \nUTILE. \nquadriennium utile (kwah-dree-en-ee-am yoo-ta\nlee). Scots law. A four-year period after the attainment \nof majority within which the young adult may seek \nto annul any contract made while the person was a \nminor. -Sometimes shortened to quadriennium. \nquadripartite, adj. Hist. (Of an indenture, etc.) drawn, \ndiVided, or executed in four parts. \nquadripartite, n. A book or treatise divided into four \nparts. \nquadruplator (kwah-droo-pla-tor), n. [Latin] Roman \nlaw. An informer who, by law, could institute criminal \nproceedings and then receive a reward ofa fourth part \nof the thing informed against, usu. relating to frauds \non the fiscus. PI. quadruplatores (kwah-dra-pla-tor\neez). \nquadruplicatio (kwah-dra-pli-kay-shee-oh), n. [fro Latin \nquadruplicatus \"quadrupled\"]l. Roman law & civil \nlaw. A defendant's pleading, following the triplicatio \nand similar to the rebutter at common law; the third \ndefensive pleading. -Also termed quadruplication; \n(in old Scots law) quadruply. 2. Roman law. A plaintiff's \npleading, following the triplicatio, the replicatio, and \nthe exceptio. PI. quadruplicationes (kwah-dra-pli-kay\nshee-oh-neez). \nquae cadit in virum constantem (kwee kay-dit in \nVI-r<:lm kan-stan-t<:lm). [Latin] Hist. That which would \novercome a man of firmness and resolution. \nquae cadunt in non causam (kwee kay-d<:lnt in non kaw\nzam). [Law Latin] Hist. Those things that we lose on the \ncessation ofthe title by which we hold them. \nquae est eadem (kwee est ee-ay-dam). [Law Latin] Hist. \nWhich is the same. _ This phrase was used by a defen\ndant in a trespass action to show that the trespass the \ndefendant was justified in committing was the same \nas that alleged in the plaintiff's pleading; that is, the \nplaintiff gave the defendant permission to enter, and so \nthe defendant entered the property. -Formerly also \ntermed que est Ie mesme. \nquaefunctionem recipiunt (kwee fungk-shee-oh-ndm \nri-sip-ee-;mt). [Law Latin] Hist. Things whose value \ndepends on the class of things to which they belong \n(e.g., money, corn, etc.) . The phrase appeared in refer\nence to fungibles - that is, things that could be generi\ncally estimated by quantity or weight. Cf. QUAE NON \nRECIPIUNT FUNCTIONEM. \nquae non mente sed manu tenentur (kwee non men-tee \nsed man-yoo ta-nen-tdr). [Law Latin \"things that are \nheld not by the mind but by hand\"] Hist. The natural \n\n1359 \nparental duties arising from affection for one's child, as \ndistinguished from purely legal obligations. \nquae non recipiunt functionem (kwee non ri-sip-ee-<lnt \nfungk-shee-oh-n<lm). [Law Latin] Hist. They that do \nnot supply the place of others. The phrase appeared \nin reference to goods that are unique, specific, or irre\nplaceable. Cf. QUAE FUNCTIONEM RECIPIUNT. \nquae perimunt causam (kwee per-<l-m<lnt kaw-z<lm). \n[Latin] Hist. Pleas (such as peremptory defenses) that \ntake away the basis of an action. \nquae plura (kwee ploor-<l). [Law Latin \"what more\"] \nHist. A writ ordering the escheator, when it appeared \nthat not all ofa decedent's property had been located, \nto inquire about any additional lands and tenements \nthe decedent held at the time of death. \nquaequidem (kwee-kwid-<lm). [Law Latin \"which \nindeed\" or \"accordingly\"] Hist. The introductory words \nof a charter clause showing, among other things, the \nmanner in which the grantor obtained title. \nquaere (kweer-ee), vb. [Latin] (17c) Inquire; query; \nexamine. This term was often used in the syllabus \nofa reported case to show that a point was doubtful or \nopen to question. \nquaerens (kweer-enz), n. [Law Latin] Hist. One who \ncomplains; a plaintiff. \nquaerens nihil capiatper billam (kweer-enz llI-hil kap\nee-<lt p<lr bil-<lm). [Law Latin] Hist. Let the plaintiff take \nnothing by his bilL. This was a form of judgment for \nthe defendant. \nquaerens non invenit plegium (kweer-enz non in-vee\nnit plee-jee-<lm). [Law Latin \"the plaintiff did not find \na pledge\"] Hist. A sheriff's return to a writ requiring \nhim to take security from the plaintiff for prosecution \nof the plaintiffs claim. \nquaeritur (kwee-ri-tar or kwer-i-t<lr), n. [Latin] Roman \nlaw. It is questioned . This term introduced a doubtful \nlegal problem. \nquae sapiunt delictum (kwee say-pee-<lnt di-lik-t<lm). \n[Law Latin] Hist. Things that partake of the character \nof delict. \nquae sequuntur personam (kwee si-kw'ln-t<lr p<lr-soh\nn<lm). [Latin] Hist. Things that follow the person . 'Ibe \nphrase usu. referred to movable property. \nquae servando servari nequeunt (kwee s<lr-van-doh sar\nvair-I nee-kwee-<lnt). [Latin] Hist. Things that cannot \nbe preserved uninjured by keeping . The phrase U5U. \nreferred to perishable goods. \nquaesita. See QUAESTA. \nquae solum Deum habent ultorem (kwee soh-l;~m \ndee-<lm hay-b;mt al-tor-;:lm). [Latin] Hist. Acts that have \nonly God as avenger; crimes that can"}
{"text": "mt al-tor-;:lm). [Latin] Hist. Acts that have \nonly God as avenger; crimes that can be punished only \nby God. \nquaesta (kwees-t<l), n. [Latin \"demands\"] Remissions of \npenance, authorized by the Pope to those who contrib\nuted a certain amount to the church. Also termed \nquesita; quaesita. quaestor sacri palatii \nquaestio (kwes-chee-oh or kwees-), n. [Latin fro quaerere \n\"to inquire\"] Roman law. l. A special commission of \nthe Senate appointed to hear criminal cases involv\ning the public interest, sometimes with the power to \ntry all cases of a given class arising within a specified \nperiod. Also termed quaestio extraordinaire. 2. \nQUAESTIO PERPETUA. 3. An interrogation by inflict\ning torture. 4. The torture 50 inflicted. PI. quaestiones \n(kews-chee-oh-neez or kwees-). \nquaestio extraordinaire. See QUAESTIO (1). \nquaestionarius (kwes-chee-<l-nair-ee-<ls). See \nQUAESTOR. \nquaestio perpetua (kwes-chee-oh-neez p<lr-pech-oo-ee). \n[Latin \"perpetual inquiry\"] Roman law. A permanent \ncommission to hear criminal cases; specif., a standing \njury court created by statute to try and pass sentence on \nparticular crimes. PI. quaestiones perpetuae. \n\"Then in 149 the lex Calpurnia was passed, concerned not \nonly with reparation but also punishment; it established \na permanent court of senators as sworn jurors to deal \nwith claims of provincial extortion. Thereafter, both the \nsenatorial special commissions, and also the jurisdiction \nof the assemblies began in their turn to be superseded \nby the creation of quaestiones perpetuae, permanent jury \ncourts, [which) provided, each for its own offence or range \nof offences a framework.\" O.F. Robinson, The Criminal Law \nofAncient Rome 1-2 (1995). \nquaestio vexata (kwes-chee-oh vek-say-t<l). [Law Latin] \nSee VEXED QUESTION. \nquaestio voluntatis (kwes-chee-oh vol-;:ln-tay-tis). \n[Latin] Hist. A question of intention. \nquaestor (kwes-t;:lr or kwees-t<lr), n. [Latin]l. Roman \nlaw. A magistrate, subordinate to the consuls or provin\ncial governors, who maintained and administered the \npublic money, performing tasks such as making nec\nessary payments, receiving revenues, keeping accurate \naccounts, registering debts and fines, supervising the \naccommodation offoreign ambassadors, and financing \nthe burials and monuments of distinguished citizens. \n2. Hist. An agent ofthe Pope who carried quaesita from \ndoor to door. Also termed quaesitor; questionarius. \nSee QUAESTA. PI. quaestores. -quaestorial, adj. \nquaestorship, n. \n\"The office of quaestor goes back at least to the beginning \nof the Republic. Each year two quaestors were nominated \nby the consuls, later elected by the comitia tributa, to assist \nthe consuls in matters of finance. This continued to be their \nprincipal concern, but they enlarged their functions as their \nnumbers increased.\" R.w. Lee, The Elements ofRoman Law \n15 (4th ed. 1956). \nquaestores parricidii (kwes-tor-eez par-a-sI-dee- I), n. pl. \n[Latin \"quaestors ofparricide\"] Roman law. Two officers \nofthe early Republic who were deputized to search out \nand try all cases ofparricide and other capital offenses. \nSee LEX POMPEIA DE PARRICIDIIS. \nquaestor sacri palatii (kwes-t<lr say-krI p<l-Iay-shee-r). \n[Latin \"quaestor ofthe sacred palace\" JRoman law. An \nofficer of the imperial court who acted as legal adviser \nto the emperor. \n\"The quaestor sacri palatii was one of the highest civil \nfunctionaries in the later Empire, concerned with the \n\n1360 quaestus \npreparation of enactments and legal decisions to be \nissued by the emperor. He was the principal legal adviser \nof the emperor and he was [often] chosen from among the \npersons with considerable legal training.\" Adolf Berger, \nEncyclopedic Dictionary of Roman Law 664 (1953). \nquaestus (kwes-t;:ls or kwee-st<ls), n. [Latin] 1. Roman \nlaw. Profit, esp. from a business. 2. Hist. Acquisition; \npurchase. This term refers to a purchased estate, as \ndistinguished from hereditas, referring to an estate \nobtained by descent. \nquae sunt in patrimonio nostro (kwee 5<lnt in pa-tr;)\nmoh-nee-oh nos-troh). [Latin] Hist. Things that form \npart of our possession. \nquae transeunt per commercium (kwee tran-see-;mt \n[or tran-zee] p;)r b-m3r-shee-;:Im). [Law Latin] Hist. \nThings that pass through commerce; things that are \nbought and sold. \nquale jus (kway-Iee or kwah-lee j3S). [Latin \"what \nkind of right\"] Hist. A writ ordering an escheator to \ninquire into the extent of a religiOUS person's right to \na judgment, before its execution, to make sure that \nthe judgment was not colluSively made to avoid the \nmortmain statute. \nqualificate (kwah-li-fi-kay-tee). [Law Latin] Hist. Quali\nfiedly. \nqnalification. (l6c) 1. The possession of qualities or \nproperties (such as fitness or capacity) inherently or \nlegally necessary to make one eligible for a position or \noffice, or to perform a public duty or function <voter \nqualification requires one to meet residency, age, and \nregistration requirements>. [Cases: Officers and Public \nEmployees ~35.12. A modification or limitation of \nterms or language; esp., a restriction of terms that \nwould otherwise be interpreted broadly <the contract \ncontained a qualification requiring the lessor's permis\nsion before exercising the right to sublet>. 3. CHARAC\nTERIZATION (1). qualify, vb. \nqualified, adj. (16c) 1. Possessing the necessary \nqualifications; capable or competent <a qualified \nmedical examiner>. 2. Limited; restricted <qualified \nimmunity>. qualify, vb. \nqualified acceptance. See ACCEPTANCE (1). \nqualified corporation. See admitted corporation under \nCORPORATION. \nqualified disclaimer. See DISCLAIMER. \nqualified domestic-relations order. (1984) A state-court \norder or judgment that relates to alimony, child support, \nor some other state domestic-relations matter and that \n(1) recognizes or provides for an alternate payee's right \nto receive all or part of any benefits due a participant \nunder a penSion, profit-sharing, or other retirement \nbenefit plan, (2) otherwise satisfies  414 ofthe Internal \nRevenue Code, and (3) is exempt from the ERISA rule \nprohibiting the assignment ofplan benefits . Among \nother things, the QDRO must set out certain facts, \nincluding the name and last-known mailing address of \nthe plan participant and alternate payee, the amount or \npercentage ofbenefits going to the alternate payee, and the number ofpayments to which the plan applies. The \nbenefits provided under a QDRO are treated as income \nto the actual recipient. IRC (26 USCA)  414(p)(1)(A); \n29lJSCA  1056(d)(3)(D)(i). -Abbr. QDRO. [Cases: \nDivorce 0252.3(4); Internal Revenue C~3587; Labor \nand Employment 0594.] \nqualified domestic trust. See TRUST. \nqualified elector. See ELECTOR. \nqualified estate. See ESTATE (1). \nqualified fee. 1. See fee simple defeasible under FEE \nSIMPLE. 2. See fee simple determinable under FEE \nSIMPLE. 3. See base fee under FEE (2). \nqualified general denial. See DENIAL. \nqualified immunity. See IMMUNITY (1). \nqualified income trust. See Miller trust under TRUST. \nqualified indorsement. See INDORSEMENT. \nqualified institutional buyer. See BUYER. \nqualified investor. See INVESTOR. \nqualifiedly (kwah-I;l-fId-lee or -fI-<ld-lee), adv. In a fit or \nqualified manner <qualifiedly privileged>. \nqualified martial law. See MARTIAL LAW. \nqualified medical child-support order. A family-court \norder that enables a nonemployee custodial parent \nwithout the employee parent's consent -to enroll the \nchild, make claims, and receive payments as needed \nunder the employee parent's group health plan, all at \nthe employee parent's expense . The group-health\nplan administrator must find that the order meets the \nrequirements ofa QMCSO, which are established by \n 609(a) of the Employee Retirement Income Security \nAct, 29 USCA  1169(a). -Abbr. QMCSO. [Cases: \nChild Support (::::::> 158.] \nqualified nuisance. See NUISANCE. \nqualified opinion. An audit-report statement contain\ning exceptions or qualifications to certain items in the \naccompanying financial statement. \nqualified ownership. See OWNERSHIP. \nqualified pension plan. See PENSION PLAN. \nqualified personal-residence trust. See TRUST. \nqualified plan. 1. See qualified pension plan under \nPENSION PLAN. 2. See qualified profit-sharing plan \nunder PROFIT-SHARING PLAN. \nqualified privilege. See PRIVILEGE (1). \nqualified profit-sharing plan. See PROFIT-SHARING \nPLAN. \nqualified property. See PROPERTY. \nqnalified residence interest. See INTEREST (3). \nqualified S-corporation trust. See TRUST (3). \nqualified stock option. See STOCK OPTION. \nqualified subchapter-S corporation trust. See qualified \nS-corporation trust under TRUST (3). \nqualified-terminable-interest property. See PROPERTY. \n\nqualified veto. See VETO. \nqualified voter. 1. See qualified elector under ELECTOR. \n2. VOTER (2). \nqualified witness. See WITNESS. \nqualifying event. Anyone ofseveral specified occasions \nthat, but for the continuation-of-coverage provisions \nunder the Consolidated Omnibus Budget Reconcili\nation Act of 1985 (COBRA), would result in a loss \nof benefits to a covered employee under a qualified \nbenefit plan. These occasions include employment \ntermination, a reduction in work hours, the employee's \nseparation or divorce, the employee's death, and the \nemployer's bankruptcy. IRC (26 USCA)  4980B(f)(3). \n[Cases: Labor and Employment C='568.] \nqualifying share. See SHARE (2). \nqualitatively incidental private benefit. See PRIVATE \nBENEFIT. \nquality. 1. The particular character or properties of a \nperson, thing, or act, often essential for a particular \nresult <she has leadership quality> <greed is a negative \nquality>. 2. The character or degree of excellence of a \nperson or substance, esp. in comparison with others \n<the quality of work performed under the contract>. \nquality of estate. (18c) 1. The period when the right \nof enjoying an estate is conferred upon the owner, \nwhether at present or in the future. 2. The manner in \nwhich the owner's right ofenjoyment of an estate is to \nbe exercised, whether solely, jointly, in common, or in \ncoparcenary. \nquality-of-products legislation. See LEMON LAW (2). \nquamdiu (kwam-dee-yoo). [Latin] Hist. As long as; so \nlong as . This was a word ofiimitation formerly used \nin conveyances. \nquamdiu bene se gesserint (kwam-dee-yoo bee-nee see \njes-ar-int). [Law Latin] As long as they shall conduct \nthemselves properly . This term refers to the holding \nof an office, specif. the Act of Settlement, 1700, ch. 2, \nwhich provided that a judge's tenure was no longer at \nthe king's pleasure, but could continue until death or \nimproper conduct. This protected judges against arbi\ntrary dismissal. The singular form is quamdiu se bene \ngesserit \"as long as he behaves himself properly.\" -Also \nwritten quamdiu se bene gesserint. Cf. GOOD BEHAVIOR; \nDURANTE BENE PLACITO. \n\"But at present, by the long and uniform usage of many \nages, our kings have delegated their whole judicial power \nto the judges of their several courts ... , And, in order to \nmaintain both the dignity and independence of the judges \nin the superior courts, it is enacted by the statute 13 W. Ill. \nc.2 that their commissions shall be made (not as formerly. \ndurante bene placito, but) quamdiu bene se gesserint. and \ntheir salaries ascertained and established; but that it may \nbe lawful to remove them on the address of both houses \nof parliament,\" 1 William Blackstone, Commentaries on the \nLaws of England 267 (1765). \nquamdiu se bene gesserint. [Latin \"as long as they behave \nthemselves properly\"]  1he singular form is quamdiu \nse bene gesserit \"as long as he behaves himself properly.\" \nThe plural form appears in the Act ofSettlement (1701) to protect judges against arbitrary dismissal. Cf. DUM \nSE BENE GESSERIT. \nquamdiu sustinuit istam furiositatem (kwam-dee\nyoo sas-tin-[y]oo-it is-tam fyoor-ee-ahs-a-tay-tam). \n[Law LatinJ Hist. How long he has labored under that \ninsanity. \nquamprimum (kwam-prr-mam). [Latin] Hist. As soon \nas possible. \nquamvis non potueritdare"}
{"text": "am-prr-mam). [Latin] Hist. As soon \nas possible. \nquamvis non potueritdare (kwam-vis non pah-tyoo-air\nit [or pah-choo-] dair-eel. [Law Latin] Hist. Although \nhe had not been able to give or administer it. \nquando acciderent (kwahn-doh ak-si-deer-ant). [Latin] \nA judgment entered against a decedent's personal rep\nresentative, to be satisfied bv the estate out ofassets that \nthe representative receives 'after judgment. \nquandocunque (kwahn-doh-k;mg-kwee). [Latin] Hist. \nAt any time. \nquandocunque decederit (kwahn-doh-kang-kwee \ndi-see-dar-it). [Latin] Hist, Whenever he died. \nquango (kwang-goh). See QIJASI-AUTONOMOUS NONGOV\nERNMENTAL ORGANIZATION. \nquanti minoris (kwon-tI mi-nor-is). [Latin \"how much \nless\") Civil law. An action brought by a purchaser ofan \narticle to reduce the purchase price due to the article's \ndefects. [Cases: Sales C=>188; Vendor and Purchaser \nC=)174, 334(1).J \nquantitatively incidental private benefit. See PRIVATE \nBENEFIT. \nquantitative rule. (1919) An evidentiary rule requir\ning that a given type of evidence is insufficient unless \naccompanied by additional evidence before the case \nis closed . Such a rule exists because of the known \ndanger or weakness of certain types of evidence. \nAlso termed synthetic rule. \nquantity discount. See volume discount under \nDISCOUNT. \nquantum (kwon-tam). [Latin \"an amount\"] The \nrequired, desired, or allowed amount; portion or share \n<a quantum ofevidence>. PI. quanta (kwon-ta). \nquantum damnificatus (kwon-tam dam-na-fi-kay\ntas). [Latin \"how much damnified\"] Hist. The issue of \ndamages submitted by a court ofequity to the jury. \nquantum et quale? (kwon-tam et kway-Iee or kwah-Iee). \n[Latin] Roman & Scots law. How much and of what \nkind? \n\"It is not unusual for parties to a submission to agree that, \nin the event of no final decree-arbitral being pronounced. \nthe proof taken in the course of the submission shall be \nreceived as legal probation quantum et quale (i.e., to the \nsame extent and as of the same quality or effect) in any \nafter-submission or process at law between the same \nparties regarding the same matter,\" John Trayner. Travner's \nLatin Maxims 505 (4th ed. 1894). \nquantum meruit (kwon-tam mer-oo-it). [Latin \"as much \nas he has deserved\"] (17c) 1. The reasonable value of \nservices; damages awarded in an amount considered \nreasonable to compensate a person who has rendered \n\n1362 quantum nunc valent \nservices in a quasi-contractual relationship. 2. A claim \nor right of action for the reasonable value of services \nrendered. [Cases: Implied and Constructive Contracts \n<>;,30.) 3. At common law, a count in an assumpsit \naction to recover payment for services rendered to \nanother person. Quantum meruit is still used today \nas an equitable remedy to provide restitution for unjust \nenrichment. It is often pleaded as an alternative claim \nin a breach-of-contract case so that the plaintiff can \nrecover even if the contract is unenforceable. See \nimplied-In-law contract under CONTRACT. \nquantum nunc valent (kwon-tdm ndngk vay-Ient). [Law \nLatin] Hist. How much they (the lands) are now worth. \nCf. ANTIQUUS ET NOVUS EXTENT US; QUANTUM VALU\nERUNT TEMPORE PACIS. \nquantum valebant (kwon-tdm vd-lee-bant or -bdnt). \n[Latin \"as much as they were worth\") (18c) 1. The rea\nsonable value of goods and materials. 2. At common \nlaw, a count in an assumpsit action to recover payment \nfor goods sold and delivered to another. Quantum \nvalebant although less common than quantum \nmeruit is still used today as an equitable remedy to \nprovide restitution for another's unjust enrichment. \n[Cases: Implied and Constructive Contracts (;=,31.] \nquantum valuerunt tempore pads (kwon-tam val\nyoo-air-dnt tem-pd-ree pay-sis). [Law Latin] Hist. \nHow much they (the lands) were worth in peacetime. \nCf. ANTIQUUS ET NOVUS EXTENT US; QUANTUM NUNC \nVALENT. \nquarantina habenda. See DE QUARANTINA HABENDA. \nquarantine. (l7c) 1. The isolation ofa person or animal \nafflicted with a communicable disease or the preven\ntion of such a person or animal from coming into a \nparticular area, the purpose being to prevent the spread \nof disease. Federal, state, and local authorities are \nrequired to cooperate in the enforcement of quarantine \nlaws. 42 USCA  243(a). \n\"Power to make quarantine regulations is one of the most \nfrequent powers conferred on boards of health. Such regu\nlations constitute a proper exercise of the police power, \nprovided they are not in conflict with federal regulations \non the subject or that legislation by Congress is absent, \nand that they do not abridge rights protected by the Four\nteenth Amendment.\" 39 Am, Jur. 2d Health  59, at 529-30 \n(1999). \n2. A place where a quarantine is in force. 3. Hist. A \nperiod of40 days, esp. for the isolation and detention \nof ships containing persons or animals suspected of \nhaving or carrying a dangerous communicable disease, \nin order to prevent the spread ofthe disease. \n\"Quarantine .... The name is drawn from the fact that the \nperiod was formerly commonly 40 (Ital. quaranta) days. In \n1423 Venice established a lazaretto or quarantine station \non an island to check the growth of disease brought in by \nships, In the Sixteenth century quarantine became wide, \nspread and there developed the system of bills of health, \ncertificates that the last port was free from disease; a dean \nbill entitled a ship to use the port without subjection to \nquarantine,\" David M. Walker, The Oxford Companion to \nLaw 1022 (1980). 4. Hist. A widow's privilege to remain in her husband's \nhouse for 40 days after his death while her dower is \nbeing aSSigned . This right was enforced by a writ de \nquarantina habenda. See DE QUARANTINA HABENDA. \nAlso spelled quarentine; quarentene. quarantine, \nvb. \n\"lilt was provided by Magna Charta that the widow should \ngive nothing for her dower, and that she should tarry in \nthe chief house of her husband for forty days, (and which \nis called the widow's quarantine,) after the death of her \nhusband, within which time her dower should be assigned \nher; and that, in the mean time, she should have reasonable \nestovers, or maintenance, out of the estate. The provision \nthat the widow should pay nothing for the dower, was made \nwith the generous intention of taking away the uncourtly \nand oppressive claim of the feudal lord, for a fine, upon \nallowing the widow to be endowed. This declaration of \nMagna Charta is, probably, the law in all the United States.\" \n4James Kent, Commentaries on American Law *61 (George \nComstock ed., 11th ed. 1866). \nquare (kwair-ee). [Latin) Why; for what reason; on what \naccount.  This was used in various common-law writs, \nesp. writs in trespass. \nquare clausum fregit (kwair-ee klaw-zdm free-jit). \n[Latin] Why he broke the close. Abbr. qu. cl. fr.; q.cj \nSee TRESPASS QUARE CLAUSUM FREGIT. [Cases: Trespass \n(;=10,16.] \nquare clausum querentis fregit. See trespass quare \nclausum fregit under TRESPASS. \nquare ejecit infra terminum (kwair-ee i-jee-sit in-frJ \nt;u-mJ-ndm), n. [Law Latin \"why he ejected within the \nterm\"] Hist. A writ for a lessee who was prematurely \nejected, when the ejector was not actually in possession \nbut one claiming under the ejector was. \n\"For this injury the law has provided him with two \nremedies ... the writ of ejectione firmae; ... and the \nwrit of quare ejecti infra terminum; which lies not against \nthe wrongdoer or ejector himself. but his feoffee or other \nperson claiming under him. These are mixed actions, \nsomewhat between real and personal; for therein are two \nthings recovered, as well restitution of the term of years, \nas damages for the ouster or wrong.\" 3 William Blackstone, \nCommentaries on the Laws of England 199 (1768). \nquare executionem non. [Latin] Why execution should \nnot be issued, -Abbr. QEN. \nquare impedit (kwair-ee im-pJ-dit). [Latin \"why he \nhinders\"] Hist. Eccles. law. A writ or action to enforce \na patron's right to present a person to fill a vacant \nbenefice. -Also termed writ ofquare impedit. See \nPRESENTATION (2); ADVOWSON. \n\"The writ of quare impeditcommands the disturbers, the \nbishop, the pseudo-patron, and his clerk, to permit the \nplaintiff to present a proper person (without specifying the \nparticular clerk) to such a vacant church, which pertains to \nhis patronage; and which the defendants, as he alleges, do \nobstruct: and unless they so do, then that they appear in \ncourt to shew the reason why they hinder him.\" 3 William \nBlackstone, Commentaries on the Laws of Eng/and 248 \n(1768). \nquare incumbravit (kwair-ee in-kam-bray-vit), n. [Law \nLatin \"why he incumbered\"] Hist. A writ or action to \ncompel a bishop to explain why he encumbered the \nchurch when, within six months after the vacation of \na benefice and after a ne admlttas was received, the \n\n1363 \nbishop conferred the benefice on his clerk while other \nclerks were contending for the right of presentation in \na quare impedit action. The writ was abolished by the \nReal Property Limitation Act of 1833, ch. 27. \nquare intrusit (kwair-ee in-troo-sit), n. [Law Latin \"why \nhe thrust in\"] Hist. A writ allowing a lord to recover the \nvalue of a marriage, when the lord offered a suitable \nmarriage to a ward but the ward rejected it and married \nsomeone else . It was abolished by the Tenures Aboli\ntion Act, 1660, ch. 24. \nquare non permittit (kwair-ee non paf-mit-it), n. [Law \nLatin \"why he does not permit\"] Rist. A writ for one \nwho has a right to present to a church, against the pro\nprietor. \nquarentena terrae (kwahr-en-tee-na ter-ee), n. [Law \nLatin \"a quantity ofland\"] Hist. A furlong. \nquarentine. See QUARANTINE. \nquare obstruxit (kwair-ee ab-str<Jk-sit), n. [Law Latin \n\"why he obstructed\"] Rist. A writ for one who could \nnot enjoy a privilege to pass through a neighbor's land \nbecause the neighbor had obstructed the path. \nquarrel, n. 1. An altercation or angry dispute; an \nexchange of recriminations, taunts, threats, or accu\nsations between two persons. -quarrel, vb. 2. Archaic. \nA complaint; a legal action. \n\"Quarrels is derived from querenda, and extends not only \nto actions as well real as personal, but also to the causes \nof actions and suits; so that by the release of all quarrels, \nnot only actions depending in suit, but causes of action \nand suit also are released; and quarrels, controversies and \ndebates, are words of one sense, and of one and the same \nsignification, Coke, lib. 8, fol. 153.\" Termes de la Ley 330 \n(1 st Am. ed. 1812). \nquarta divi Pii (kwor-td dI-VI pH). [Latin \"quarter of \nthe deified Pius\"] Roman law. The quarter portion ofa \ntestator's estate required to be left to an adrogated child \nwho had been unjustly emancipated or disinherited. \nquarta Falcidiana (kwor-t;> fal-sid-ee-;). [Latin \"Falcid\nian fourth\"] See FALCIDIAN PORTION, \nquarta Trebellianica (kwor-t;> tr;)-bel-ee-an-;>-b). \n[Latin \"the quarter due under Trebellianus's senatu5 \nconsultum\"] Hist. The fourth portion that an heir \ncould retain from a succession after transferring the \nsuccession as directed by the testator under a fideicom\nmissum. -Also termed quarta Trebelliana (tr<J-bel-ee\nay-n;> or -an-;. Cf. FALCIDIAN PORTION. \nquarter, n. 1. In the law ofwar, the act ofshowing mercy \nto a defeated enemy by sparing lives and accepting a \nsurrender <to give no quarter>. 2. See quarter section \nunder SECTION. \nquarter day. See DAY. \nquartering, n. Hist. 1. The diViding of a criminal's body \ninto quarters after execution, esp. as part of the pun\nishment for a crime such as high treason. See HANGED, \nDRAWN, AND QUARTERED. 2. The furnishing of living \nquarters to members ofthe military . In the United \nStates, a homeowner's consent is required before soldiers \nmay be quartered in a private home during peacetime. quasi committee of the whole \nDuring wartime, soldiers may be quartered in private \nhomes only as prescribed by law. The Third Amendment \ngenerally protects U.S. citizens from being forced to use \ntheir homes to quarter soldiers. U"}
{"text": ". The Third Amendment \ngenerally protects U.S. citizens from being forced to use \ntheir homes to quarter soldiers. U.S. Const. amend. III. \n3. The dividing ofa shield into four parts to show four \ndifferent coats ofarms. quarter, vb, \nquarterly report. A financial report issued by a cor\nporation (and by most mutual funds and investment \nmanagers) every three months. \nquartermaster. See TREASURER. \nquarter seal. See SEAL. \nquarter section. See SECTION. \nquarter session. See SESSION (1). \nQuarter Sessions Court. See COURT OF GENERAL \nQUARTER SESSIONS OF THE PEACE. \nquarters ofcoverage. The number ofquarterly payments \nmade by a person into the social-security fund as a basis \nfor determining the person's entitlement to benefits. \n[Cases: Social Security and Public Welfare 135, \n140.5.) \nquarto die post (kwor-toh dI-ee pohst), n. [Law Latin \n\"on the fourth day after\"] The defendant's appearance \nday, being four days (inclusive) from the return of the \nwrit. \nquash (kwahsh), vb. (13c) 1. To annul or make void; to \nterminate <quash an indictment> <quash proceed\nings>. 2. To suppress or subdue; to crush <quash a \nrebellion>. \nquashal (kwahsh-;>l), n. The act ofquashing something \n<quashal ofthe subpoena>. [Cases: Witnesses C-~16.] \nquasi (kway-sI or kway-zI also kwah-zee). [Latin \"as \nif\"] (15c) Seemingly but not actually; in some sense or \ndegree; resembling; nearly. \n\"QUASI. A Latin word frequently used in the civil law, and \noften prefixed to English words. It is not a very definite \nword. It marks the resemblance, and supposes a little dif\nference, between two objects, and in legal phraseology \nthe term is used to indicate that one subject resembles \nanother, with which it is compared, in certain character \nistics, but that there are also intrinsic and material differ\nences between them. It negatives the idea of identity, but \nimplies a strong superficial analogy, and points out that the \nconceptions are sufficiently similar for one to be classed as \nthe equal of the other.\" 74 c.J.S. Quasi. at 2 (1951). \nquasi-admission. See ADMISSION (1). \nquasi-affinity. See AFFINITY. \nquasi-autonomous nongovernmental organization. \nA semipublic administrative body (esp. in the United \nKingdom) having some members appointed and \nfinanced by, but not answerable to, the government, \nsuch as a tourist authority, a university-grants com\nmission, a price-and-wage commission, a prison or \nparole board, or a medical-health advisory panel.  \nThis term is more commonly written as an acronym, \nquango (kwang-goh), without capital letters. \nquasi committee of the whole. See COMMITTEE. \n\n1364 quasi-community property \nquasi-community property. See COMMU:-<ITY PROPER\nTY. \nquasi-contract. See implied-in-law contract under CON\nTRACT. \nquasi-corporation. See CORPORATION. \nquasi-crime. See CRIME. \nquasi-criminal proceeding. See PROCEEDING. \nquasi-delict. See DELICT. \nquasi-deposit. See DEPOSIT (;). \nquasi-derelict. See DERELICT. \nquasi-deviation. See DEVIATION. \nquasi-domicile. See commercial domicile under \nDOMICILE. \nquasi-dwelling-house. See DWELLING-HOUSE. \nquasi-easement. See EASEME:-<T. \nquasi-enclave. See ENCLAVE. \nquasi-entail. See ENTAIL \nquasi-estoppel. See ESTOPPEL. \nquasi ex contractu (kway-sI [or -ZI] eks k;:m-trak-t[y]oo). \n[Latin] Hist. Arising as iffrom contract. \nquasi ex delicto (kway-sI [or -ZI] eks di-lik-toh). [Latin) \nHist. Arising as iffrom delict. See DELICT. \nquasi-fee. See FEE (2). \nquasifeudum (kway-sI [or -ZI] fyoo-dam). [Law Latin \n\"as if a (heritable) fee\"] Hist. A heritable right, usu. in \nmoney. \nquaSi-governmental agency. See AGENCY (3). \nquasi-guarantee treaty. See guarantee treaty under \nTREATY (1). \nquasi-guardian. See GUARDIAN. \nquasi-individual. See private corporation under COR\nPORATION. \nquasi in rem. See IN REM. \nquasi-in-rem jurisdiction. See jURISDICTIO:-<. \nquasi-insurer. See INSURER. \nquasi-judicial, adj. (1820) Of, relating to, or involving \nan executive or administrative official's adjudicative \nacts. Quasi -judicial acts, which are valid ifthere is no \nabuse of discretion, often determine the fundamental \nrights ofcitizens. 'Ihey are subject to review by courts. \n[Cases: Administrative Law and Procedure C=>108.] \n\"Quasi-judicial is a term that is ... not easily definable. In \nthe United States, the phrase often covers judicial decisions \ntaken by an administrative agency -the test is the nature \nof the tribunal rather than what it is doing. In England \nquasi-judicial belongs to the administrative category and is \nused to cover situations where the administrator is bound \nby the law to observe certain forms and possibly hold a \npublic hearing but where he is a free agent in reaching the \nfinal decision. If the rules are broken, the determination \nmay be set aside, but it is not sufficient to show that the \nadministration is biased in favour of a certain policy, or \nthat the evidence points to a different conclusion:' George \nWhitecross Paton, A Textbook ofjurisprudence 336 (G.W. \nPaton & David P. Derham eds., 4th ed. 1972). quasi-judicial act. (1840) 1. A judicial act performed \nby an official who is not a judge. [Cases: Officers and \nPublic Employees 110.J 2. An act performed by a \njudge who is not acting entirely in a judicial capacity. \nSee judicial act under ACT. \nquasi-judicial duty. See DUTY (1). \nquasi-judicial function. See FUNCTION. \nquasi-judicial power. See POWER (3). \nquasi-legislative, adj. (1934) (Ofan act, function, etc.) \nnot purely legislative in nature <the administrative \nagency's rulemaking, being partly adjudicative, is not \nentirely legislative that is, it is quasi-legislative>. \n[Cases: Administrative Law and Procedure 106, \n381.] \nquasi-legislative power. See POWER (3). \nquasi-main motion. See incidental main motion under \nMOTION (2). \nquasi-municipal corporation. See quasi-corporation \nunder CORPORATION. \nquasi-national domicile. See DOMICILE. \nquasi-offense. See OFfENSE (2). \nquasi-partner. See PARTNER. \nquasi-personalty. See PERSONALTY. \nquasi-possession. See incorporeal possession under pos-\nSESSION. \nquasi-posthumous child. See CHILD. \nquasi-public corporation. See CORPORATION. \nquasi-pupillary substitution. See SUBSTITUTION (5). \nquasi-realty. See REALTY. \nquasi-rent. (often pl.) Law and economics. Value over and \nabove one's opportunity cost or next best alternative; \nthe excess of an asset's value over its salvage value . \nIn the economic theory of marriage, a quasi-rent is a \nspouse's excess value ofthe marriage over the value \nof the next best option of not being in that specific \nmarriage. The next best option may be separation, \ndivorce, or divorce and remarriage, depending on the \nspouse's preferences and opportunities. \nquasi-seisin. See SEISIN. \nquasi-statute. See STATUTE. \nquasi-suspect classification. See SUSPECT CLASSIFICA\nTIO:-<. \nquasi-tenant. See TENANT. \nquasi-tort. See TORT. \nquasi traditio (kway-sI [or -ZI) tra-dish-ee-oh). [Latin \n\"as if transfer\" J Roman law. A party's acquisition of a \nservitude by using it with the informal permission or \nacquiescence of the owner. \n\"According to the civil law again a servitude that is, a \nlimited right of user in respect of a thing not one's own, \ne.g. a usufruct or a right of way-could only be created by \nmeans of certain definite legal forms. The praetorian law, \non the other hand, allowed a servitude to be created by a \nso-called quasi traditio servitutis; that is, it was satisfied \nif one party gave the other, without any form, permission \n\nto exercise the right of user in question.\" Rudolph Sohm. \nThe Institutes: A Textbook of the History and System of \nRoman Private Law 82 Uames Crawford Ledlie trans., 3d \ned.1907). \nquasi-trustee. See TRUSTEE (1). \nquasi-usufruct. See t:SUFRUCT. \nquator tempora jejunii. See EMBER DAYS. \nquatuor pedibus currit (kwah-too-or ped-;l-b;ls k\"r-it). \n[Law Latin] It runs upon four feet; it runs upon all \nfours. The term commonly described a precedent \nthat was extremely close to a pOint being decided. See \n0:-< ALL FOURS. \nquayage (kee-;lj). A toll or fee charged for lading or \nunlading goods on a quay or wharf. -Also written \nkeyage. \nQuayle action. Patents. An office action telling the patent \napplicant that the claims are allowable on the merits \nbut that the form ofthe application still needs to be \namended. Ex parte Quayle, 25 USPQ (BNA) 74, 1935 \nC.D. 11,453 O.G. 213 (Comm'r Pat. 1935). The appli\ncant generally has two months to respond. A Quayle \naction ends the prosecution on the merits, and amend\nments that affect the merits will be treated in a manner \nsimilar to amendments after final rejection. [Cases: \nPatents C='109.] \nquo d.fr. abbr. QUARE CLAUSUM FREGIT. \nqueen. 1. A woman who possesses, in her own right, the \nsovereignty and royal power in a monarchy . Among \nthe most famous English queens are Queen Mary I, \nQueen Elizabeth 1, Queen Victoria, and Queen Eliza\nbeth II. -Also termed queen regnant. 2. The wife of a \nreigning king . She has some royal prerogatives (such \nas haVing her own officers), but is in many ways legally \nno different from the rest ofthe king's subjects. -Also \ntermed queen consort. 3. A woman who rules in place of \nthe actual sovereign (e.g., ifthe sovereign is a child).\nAlso termed queen regent. 4. DOWAGER-QUEEN. \nQueen Anne's Bounty. See FIRST FRUITS. \nqueen dowager. See DOWAGER-QUEEN. \nqueen mother. A queen who has children; esp., a dow\nager-queen whose child is the reigning monarch. See \nDOWAGER-QUEEN. \nQueen's Bench. Historically, the highest common\nlaw court in England, preSided over by the reigning \nmonarch. -The jurisdiction of this court now lies \nwith the Queen's Bench Division of the High Court of \nJustice; when a king begins to reign, the name automat\nically changes to King's Bench. Abbr. Q.B. -Also \ntermed Court ofQueen's Bench. Cf. KING'S BENCH. \nQueen's Bench Division. The English court, formerly \nknown as the Queen's Bench or King's Bench, that \npresides over tort and contract actions, applications for \njudicial review, and some magistrate-court appeals. \nAbbr. Q.B.D. \nQueen's Counsel. In the United Kingdom, Canada, and \nterritories that have retained the rank, an elite, senior\nlevel barrister or advocate . Originally, a Queen's Counsel was appointed to serve as counsel to the \nreigning monarch. Also termed senior counsel. -\nAbbr. Q.c. Cf. KING'S COUNSEL. \nQueen's evidence. See EVIDENCE. \nQueen's prison. A prison established in 1842 in South\nwark, to be used for debtors and criminals confined \nunder authority ofthe superior courts at Westminster, \nthe highest court ofadmiralty, and the bankruptcy laws. \n It replaced the Queen's Bench Prison, Fleet Prison, \nand Marshalsea Prison but was closed in 1862. \nQueen's proctor. A solicitor who represents the Crown \nin domestic-relations, probate, and admiralty cases . \nFor example, in a suit for divorce or nullity ofmarriage, \nthe Queen's proctor might intervene to prove collu\nsion between the parties. -Also termed (when a king \nreigns) King's proctor. \nque est Ie mesme (kyoo ay l~ mem). [Law French] See \nQUAE EST EADEM. \nquem nuptiae demonstrant (kwem n3p-shee-ee di\nmon-strant). [Latin] Roman & Scots law. Whom the \nmarriage indicates . The phrase refers to the rebuttable \npresumption that a husband is the father ofa child that \nhis wife gives birth to. See presumed father and putative \nfather under FATHER. \nquem redditum reddit (kwem red-;l-t~m red-it), n. \n[Law Latin \"which return he made\"] Hist. A writ for a \ngrantee ofa rent (not a rent service) to force the tenant \nto consent to the transfer. \nquerela (kw;l-ree-Ia), n. [Law Latin fro Latin queri \"to \ncomplain\"] Hist. "}
{"text": "querela (kw;l-ree-Ia), n. [Law Latin fro Latin queri \"to \ncomplain\"] Hist. 1. A complaint founding an action; \nthe plaintiff's count or declaration. 2. A cause ofaction. \n3. An action. \nquerela coram rege a concilio discutienda et termi\nnanda (kw;l-ree-l;l kor-<:lm ree-jee ay bn-sil-ee-oh \ndis-k;l-shee-en-d<:l et tar-ma-nan-da), n. [Law Latin \"a \ndispute to be discussed and resolved by the council in \nfront of the king\"] Hist. A writ ordering someone to \nappear before the king to answer to a trespass. \nquerela inofficiosi testamenti (kw~-ree-l;l in-a-fish-ee\nOh-SI tes-t<l-men-tr). [Latin \"complaint ofan undutiful \nwill\"] Roman law. An action allowing a descendant, \nascenda nt, or sibling who was unjustly disinherited or \npassed over by a parent's will to have the will set aside \nas undutifully made. \n\"By far the most important is due to the querela inofficiosi \ntestamenti. By this procedure, though the forms had been \ncomplied with, near relatives with obviOUS claims (the \nclasses of those entitled having been gradually widened) \nmight attack the will as contrary to natural duty (inoffi\nciosum) and get it set aside.\" WW. Buckland, A Manual of \nRoman Private Law 199 (2d ed. 1953). \nquerens (kweer-enz), n. [Latin fr. queri \"to complain\"] \nHist A plaintiff; the complaining party. \nquesta (kwes-t~), n. [Law Latin] Hist. A quest; an inquest \nor inquiry upon the oaths of an impaneled jury. \nquestion. (14c) 1. A query directed to a witness. -Abbr. \nQ. [Cases: Witnesses <>236.] \n\n1366 question-and-answer \ncategorical question. (I8c) 1. LEADING QUESTION. 2. \n(often pl.) One ofa series of questions, on a partic\nular subject, arranged in systematic or consecutive \norder. \ncross-question. (17c) A question asked of a witness \nduring cross-examination. -Abbr. XQ. [Cases: Wit\nnesses C=>266-284.J \ndirect question. (17c) A question asked of a witness \nduring direct examination. [Cases; Witnesses C=> \n236.] \nhypothetical question. See HYPOTHETICAL QUESTION. \nleading question. See LEADING QUESTION. \n2. An issue in controversy; a matter to be determined. \ncertified question. See CERTIFIED QUESTION. \nfederal question. See FEDERAL QUESTION. \njudicial question. See JUDICIAL QUESTION. \nmixed question. See MIXED QUESTION. \nmixed question oflaw andfact. See MIXED QUESTION \nOF tAW AND FACT. \nnonjusticiable question. See POUTICAt QUESTION. \npolitical question. See POUTICAL QUESTION. \nquestion offact. See QUESTION OF FACT. \nquestion oflaw. See QUESTION OF LAW. \nultimate question. See ultimate issue under ISSUE (1). \n3. Parliamentary law. A motion that the chair has stated \nfor a meeting's consideration in a form that the meeting \ncan adopt or reject; a peDding motion. - A question is \ntechnically only a \"motion\" until the chair states it for \nthe meeting's consideration. But for most purposes, \nthe parliamentary terms \"motion\" and \"question\" are \ninterchangeable. See MOTION (2); PUT THE QUESTION; \nSTATE THE QUESTION. \nprivileged question. A privileged motion that that the \nchair has stated for a meeting's consideration. See \nprivileged motion under MOTION (2). Cf. question of \nprivilege. \nquestion ofconsideration. See OBJECTION (2). \nquestion ofinformation. See pOint ofinformation \nunder POINT. \nquestion oforder. See point oforder under POINT. \nquestion ofprivilege. Any question that concerns the \ndeliberative assembly's or a member's rights or privi\nleges. See PRIVILEGE (6); RAISE AQUESTION OF PRIVI\nLEGE. Cf. privileged question. \nquestion-and-answer. (17c) 1. 1he portion of a deposi\ntion or trial transcript in which evidence is developed \nthrough a series of questions asked by the lawyer and \nanswered by the witness. -Abbr. Q-and-A. 2. Ihe \nmethod for developing evidence during a deposition \nor at trial, requiring the witness to answer the exam\nining lawyer's questions, without offering unsolicited \ninformation. [Cases: Witnesses C=>236, 247.] 3. Ihe \nmethod ofinstruction used in many law-school classes, \nin which the professor asks questions of one or more students and then follows up each answer with another \nquestion. Also termed Socratic method. See SOCRATIC \nMETHOD; QUESTION-AND-ANSWER METHOD. \nquestion ofconsideration. See OBJECTION (2). \nquestion offact. (17c) 1. An issue that has not been pre\ndetermined and authoritatively answered by the law. \n_ An example is whether a particular criminal defen\ndant is guilty ofan offense or whether a contractor has \ndelayed unreasonably in constructing a building. 2. An \nissue that does not involve what the law is on a given \npoint. 3. A disputed issue to be resolved by the jury in a \njury trial or by the judge in a bench trial. -Also termed \nfact question. See FACT-FINDER. 4. An issue capable of \nbeing answered by way of demonstration, as opposed \nto a question of unverifiable opinion. \nquestion oflaw. (l7c) 1. An issue to be decided by the \njudge, concerning the application or interpretation \nof the law <a jury cannot decide questions of law, \nwhich are reserved for the court>. 2. A question that \nthe law itself has authOritatively answered, so that the \ncourt may not answer it as a matter ofdiscretion <the \nenforceability ofan arbitration clause is a question of \nlaw>. 3. An issue about what the law is on a particular \npoint; an issue in which parties argue about, and the \ncourt must decide, what the true rule oflaw is <both \nparties appealed on the question oflaw>. 4. An issue \nthat, although it may turn on a factual point, is reserved \nfor the court and excluded from the jury; an issue that \nis exclUSively within the province ofthe judge and not \nthe jury <whether a contractual ambiguity exists is a \nquestion oflaw>. Also termed legal question; law \nquestion. \nquestion ofprivilege. See QUESTION (3). \nquestman. Hist. 1. An instigator ofa lawsuit or pros\necution. 2. A person who was chosen to inquire into \nabuses, esp. those relating to weights and measures. \n3. A churchwarden; SlDESMAN. -Also termed quest\nmonger. \nquestus est nobis (kwes-tas est noh-bis), n. [Law Latin \n\"hath complained to us\"] Hist. By 1287, a writ against \nsomeone who continued a nuisance that existed before \ninheritance or purchase. -The former law provided \nrecovery only against the party who had first caused \nthe nuisance. \nquia (kwl-a or kwee-d). [Latin] Hist. Because; whereas. \n-This term was used to point out the consideration in \na conveyance. \nquia alimenta liberis non debentur nisi in subsidium \n(kWI-d or kwee-;l al-i-men-ta lib-ar-is non di-ben-t;lr \nnI-SI in s;lb-sid-ee-;lm). [Law Latin] Scots law. Because \naliment (alimony) is not due to children except in aid. \nA parent was not required to support a child for whom \nanother source, such as a separate estate, provided. \nQuia Emptores (kwl-a or kwee-a emp-tor-eez). [Latin \n\"since purchasers\"] Hist. A statute giving fee-sim\nple tenants (other than those holding directly of the \nCrown) the power to alienate their land and bind the \ntransferee to perform the same services for the lord \n\n1367 \nas the transferor had been obliged to perform. _ The \nstatute, enacted in 1290, tended to concentrate feudal \nlordships in the Crown by eliminating multiple layers \noffealty. 18 Edw., ch. 1. -Also termed Quia Emptores \nTerrarum. \n\"Edward I and his lords wished, for political reasons, to \nprevent the growth of subinfeudation, and in 1290 the \nStatute Quia Emptores was enacted. It took its name from \nthe beginning of its preamble 'Since purchasers ... .''' \nL.B. Curzon, English Legal History 300 (2d ed, 1979), \nquia erronice emanavit (kwH) i-roh-n<l-see em-~-nay\nvit). [Law Latin] Hist. Because it issued erroneously. \nquia ita lex scripta est (kWI-~ or kwee-<l I-t<l leks skrip-t<l \nest). [Latin \"because the law is so written\"] Hist. Because \nthat is the text of the statute. \nquia succedunt in universum jus quod defunctus habuit \n(kWI-<l or kwee-<l s<lk-see-d<lnt in yoo-ni-v;n-s<lm j<lS \nkwod di-fangk-t<ls hah-yoo-it). (Latin] Roman & \nScots law. Because they succeed to every right that the \ndecedent had. _ The phrase appeared in reference to \nthe position ofheirs-at-law, \nquia surrogatum sapit naturam surrogati (kWh) or \nkwee-d SJr-d-gay-tJm say-pit nd-t[y]oor-Jm Sdr-d\ngay-B). [Law Latin] Hist. Because the substitute partakes \nof the character ofthat for which it is substituted. \nquia timet (kWI-d tI-m<lt or kwee-<l tim-et). [Latin \n\"because he fears\"] (17c) A legal doctrine that allows \na person to seek equitable relief from future probable \nharm to a specific right or interest. [Cases: Equity ~ \n17.] \n\"A second class of cases where equity courts act to prevent \ninjury are known as 'quia timet' cases. The name comes \nfrom the two Latin words, once used when asking relief \nin this class of cases; the words mean, 'whereas he fears' \nthat some injury will be inflicted in the future unless the \ncourt of equity assists him in advance, the plaintiff asks the \nassistance of the court to do this, that, or the other thing \nwith respect to the defendant.\" Charles Herman Kinnane, A \nFirst Book on AngloAmerican Law648 (2d ed. 1952). \n\"Quia timet is the right to be protected against anticipated \nfuture injury that cannot be prevented by the present \naction. The doctrine of 'quia timet' permits equitable relief \nbased on a concern over future probable injury to certain \nrights or interests, where anticipated future injury cannot \nbe prevented by a present action at law, such as where \nthere is a danger that a defense at law might be prejudiced \nor lost if not tried immediately.\" 27A Am. Jur. 2d Equity \n 93, at 581 (1996), \nquia-timet injunction. See INJUNCTION. \nquibus deficientibus (kwib-ds di-fish-ee-en-ti-b<Js). \n[Latin] His!. Scots law. Who failing. -In a disposition, \nthis phrase appeared in reference to one or more who \nsucceeded to an estate and then died. Cf. QUIBUS NON \nEXISTENTlBUS. \nquibus non existentibus (kwib-as non ek-si-sten-ta-bas). \n[Latin] Scots law. Whom failing. _ In a disposition, this \nphrase appeared in reference to one or more who never \nexisted. Cf. QUIBUS OEFICIENTIBUS. \nqui ceditforo (kWI see-dit for-oh). [Latin] Hist. One who \nstops payment; one who becomes bankrupt. \nquick asset. See ASSET. quiet-title action \nquick-asset ratio. The ratio between an entity's current \nor liquid assets (such as cash and accounts receivable) \nand its current liabilities. -Also termed quick ratio; \nacid-test ratio. \nquick condemnation. See CONDEMNATION (2). \nquick dispatch. See DISPATCH. \nquickening. The first motion felt in the womb by the \nmother of the fetus, usu. occurring near the middle of \nthe pregnancy. \nquickie divorce. See DIVORCE. \nquickie strike. See wildcat strike under STRIKE. \nquick ratio. See QUICK-ASSET RATIO. \nquick-take. See qUick condemnation under CONDEMNA\nTION (2). \nquid actum est (kwid ak-tdm est). [Latin] Hist. What \nhas been done. \nquidam (kwl-d<lm), n. [Latin] Hist. Somebody. This \nterm has esp. been used in French law to deSignate a \nperson whose name is unknown. \nquidjuratum est (kwid juu-ray-tdm est). (Law Latin] Hist. \nWhat has been sworn. -Also termed quid juravit. \nquidjuravit. See QUID lURATUM EST. \nquidjuris? (kwid joor-is). [Latin] Scots law. What is the \nlaw? _ This question was posed in difficult cases. \nquid pro quo (kwid proh kwoh), n. [Latin \"something for \nsomething\"] (16c) An action or thing that is exchanged \nfor another action or thing ofmore or less equal value; \na substitute <the discount was given as a quid pro quo \nfor the extra business>. See RECIPROCITY (2). Cf. CON\nSIDERATION. [Cases: Contracts ~50.] \nquid pro quo sexual harassment. See SEXUAL HARASS\nMENT. \nquid valet nunc (kwid yay-let n<lngk). [Latin] Hist. What \nit is now worth. \nquiet, vb. 1. To pacify or silence (a person, etc.). 2. To \nmake ("}
{"text": "now worth. \nquiet, vb. 1. To pacify or silence (a person, etc.). 2. To \nmake (a right, pOSition, title, etc.) secure or unassailable \nby removing disturbing causes or disputes. \nquieta non movere (kwI-ee-td non moh-veer-ee). [Latin] \nNot to unsettle things that are established. See STARE \nDECISIS. \nquietare (kWI-<J-tair-ee), vb. [Law Latin] Hist. To acquit, \ndischarge, or hold harmless. -This term was used in \nconveyances. \nquiet diplomacy. See secret diplomacy under DIPLO\nMACY. \nquiete cIamantia (kwI-ee-tee kl<l-man-shee-<J), n. [Law \nLatin] Hist. Quitclaim. \nquiete cIamare (kwI-ee-tee kl<l-mair-ee), vb. [Law Latin] \nHist, To quitclaim or renounce all pretensions of right \nand title. \nquiet enjoyment. See ENJOYMENT. \nquiet-title action. See action to quiet title under ACTION. \n\nquietus 1368 \nquietus (kwI-ee-t;ls), adj. [Law Latin] Quit; acquitted; \ndischarged, esp. from a debt or obligation, or from \nserving as an executor.  In England, this term was \nformerly used by the Clerk of the Pipe, in a discharge \ngiven to an accountant, usu. concluding with abinde \nrecess it quietus (\"hath gone quit thereof\"), called \nquietus est. 2. Hist. The removal of a judge from the \nbench. \nquietus redditus (kwI-ee-t;ls red-;l-t;ls). [Law Latin] See \nQUIT RENT. \nqui improvide (kWI im-prov-;l-dee). [Latin \"who unfore\nseeably\"] Hist. A supersedeas granted when a writ is \nerroneously sued out or wrongfully awarded. \nquijustus esse debet (kWI j;)S-t;lS es-ee dee-bet or deb-et). \n[Latin] Hist. Who is bound to be just. \nQuinquaginta Decisiones. See FIFTY DECISIONS. \nquinquepartite (kwin[g]-kw;l-pahr-trt). [Latin \"in five \nparts\"] Hist. Consisting of five parts; divided into five \nparts. \nquintal (kwin-t;ll). A weight of 100 pounds or 100 kilo\ngrams. -Also termed kinta/. \nquintessential public forum. See traditional public \nforum under PUBLIC FORUM. \nquinto exactus (kwin-toh eg-zak-t;ls). [Latin \"exacted the \nfifth time\"] Hist. A sheriff's return made after a defen\ndant had been called to five county courts but failed to \nappear.  The county coroners then ordered that the \ndefendant be deprived of the benefits ofthe law. \n\"And, if a non est inventus is returned upon all of them, \na writ of exigent or exigi facias may be sued out, which \nrequires the sheriff to cause the defendant to be pro\nclaimed, required, or exacted, in five county courts succes\nSively, to render himself; and, if he does, then to take him, \nas in a capias: but if he does not appear, and is returned \nquinto exactus, he shall then be outlawed by the coroners \nof the county.\" 3 William Blackstone, Commentaries on the \nLaws of England 283 (1768). \nQuiritarian (kwi-r;l-tair-ee-;ln), adj. Roman law. (In the \ncontext of ownership, with the full right available to \ncitizens) legal as opposed to equitable; LEGAL (3). \nAlso termed Quiritary. Cf. BONITARIAN (1). \nqui sibi vigilavit (kWI sib-I vij-i-Iay-vit). [Latin] Hist. \nWho has looked after his own interest. \nquit, adj. (l3c) (Of a debt, obligation, or person) acquit\nted; free; discharged. \nquit, vb. (15c) 1. To cease (an act, etc.); to stop <he didn't \nquit stalking the victim until the police intervened>. \n2. To leave or surrender possession of (property) <the \ntenant received a notice to quit but had no intention of \nquitting the premises>. \nqui tam action (kWI tam or kee-tam). [Latin qui tam pro \ndomino rege quam pro se ipso in hac parte sequitur \"who \nas well for the king as for himself sues in this matter\"] \n(18c) An action brought under a statute that allows a \nprivate person to sue for a penalty, part of which the \ngovernment or some specified public institution will \nreceive. -Often shortened to qui tam (Q.T.). -Also termed popular action. See FALSE CLAIMS ACT. [Cases: \nUnited States C=> 122.] \nquitclaim, n. (14c) 1. A formal release of one's claim or \nright. 2. See quitclaim deed under DEED. \nquitclaim, vb. (14c) 1. To relinquish or release (a claim or \nright). 2. To convey all ofone's interest in (property), to \nwhatever extent one has an interest; to execute a quit\nclaim deed. [Cases: Deeds C=>25, 121.] \nquitclaim deed. See DEED. \nquit rent. Hist. A payment to a feudal lord by a free\nholder or copyholder, so called because upon payment \nthe tenant goes \"quit and free\" (discharged) ofall other \nservices. -Also spelled quitrent. -Also termed \nquietus redditus. \nquittance. (l3c) 1. A release or discharge from a debt or \nobligation. 2. The document serving as evidence ofsuch \na release. See ACQUITTANCE. \nqui utuntur communi jure gentium (kWI yoo-t;)n-t;lr \nb-myoo-nr joor-ee jen-shee-;lm). [Law Latin] Hist. \nWho use the common law of nations; who conform to \ninternational law. \nquoad (kwoh-ad). [Latin] As regards; with regard to \n<with a pledge, the debtor continues to possess quoad \nthe world at large>. \nquoad civilia (kwoh-ad s;l-vil-ee-;l). [Latin] Hist. With \nregard to civil rights and benefits. \nquoad creditorem (kwoh-ad kred-i-tor-;lm). [Latin] Hist. \nWith regard to the creditor. \nquoad debitorem (kwoh-ad deb-i-tor-;lm). [Latin] Hist. \nWith regard to the debtor. \nquoad excessum (kwoh-ad ek-ses-;lm). [Latin] Hist. With \nregard to the excess. \n\"Where a husband makes a postnuptial provision in favour \nof his wife commensurate with his circumstances and \nnatural duty, it is not subject to revocation by him as a \ndonation. But if the provision be immoderate, it may be \nrevoked quoad excessum, in so far as it is excessive.\" John \nTrayner, Trayner's Latin Maxims 525-26 (4th ed. 1894). \nquoadfiscum (kwoh-ad fis-bm). [Latin] Hist. With \nregard to the fisc; as regards the Crown's rights. \nquoad hoc (kwoh-ad hok). [Latin] (17c) As to this; with \nrespect to this; so far as this is concerned. A pro\nhibition quoad hoc is a prohibition of certain things \namong others, such as matters brought in an ecclesiasti\ncal court that should have been brought in a temporal \ncourt. \nquoad maritum (kwoh-ad m;l-rI-t;lm). [Latin] Hist. \nWith regard to the husband. \nquoad mobilia (kwoh-ad moh-bil-ee-;l). [Latin] Hist. \nWith regard to movable property. \nquoad non executa (kwoh-ad non ek-s;l-kyoo-t<'l). [Law \nLatin] Scots law. With regard to the acts not done . A \nsecond executor may be appointed quoad non executa \nupon the death of the first. \nquoad potest (kwoh-ad poh-test). [Latin] Hist. Insofar \nas one is able. \n\n1369 \nquoad reliquum (kwoh-ad rel-;)-kw;)m). [Latin) Hist. \nWith regard to the remainder. \n\"When a debtor, in an action brought against him by his \ncreditor, pleads compensation to a certain extent of the \ndebt sued for, quoad the sum due to him, , . the credi\ntor's right of action falls; but quoad reliquum, after making \ndeduction of the sum pled in compensation, the creditor's \nright of action remains.\" John Trayner, Trayner's Latin \nMaxims 526 (4th ed. 1894). \nquoad sacra (kwoh-ad say-kr;)). [Latin] As to sacred \nthings; for religious purposes. -This term often referred \nto property that was located so far from the parish to \nwhich it belonged that it was annexed quoad sacra \nto another parish, allowing the inhabitants to attend \nthe closer parish's services. But the land continued to \nbelong to the original parish for all civil purposes. \nquoad ultra (kwoh-ad ill-tra). [Law Latin] Hist. With \nregard to the rest . This reference was commonly \nused in pleading when a defendant admitted part of \nthe plaintiff's claim and quoad ultra denied it. \nquoad valet seipsum (kwoh-ad yay-let see-ip-sam). \n[Latin] Hist. With regard to its real value. \nquoad valorem (kwoh-ad va-lor-am). [Latin] Hist. With \nregard to the value. \nquo animo (kwoh an-;)-moh), adv. [Latin] With what \nintention or motive. See ANIMUS. \nquocumque modo velit, quocumque modo possit (kwoh\nbm-kwee moh-doh vel-it, kwoh-kilm-kwee moh-doh \npahs-it). [Latin] In any way he wishes; in any way he \ncan. \nquodammodo jurisdiction is voluntariae (kwoh-dam\na-doh joor-is-dik-shee-oh-nis vol-an-tair-ee-ee). [Law \nLatin] Hist. Belonging in some measure to voluntary \njurisdiction. \nquod billa cassetur (kwod bil-a ka-see-t;)r), n. [Latin \n\"that the bill be quashed\"] The common-law form ofa \njudgment sustaining a plea in abatement that proceeds \nfrom a bill instead of an original writ. See CASSETUR \nBILLA. \nquod clerici non eligantur in officio ballivi, etc. (kwod \nkler-;)-SI non el-;}-gan-t;}r in <l-fish-ee-oh bal-h-vI), n. \n[Law Latin \"that clerks are not chosen in the office of a \nbailiff, etc.\"] Hist. A writ exempting a clerk, who was to \nbe appointed as a bailiff, beadle, reeve, or other officer, \nfrom serving in the office. \nquod computet (kwod kom-pya-tet). [Law Latin \"that he \naccount\") The first judgment in an action ofaccount, \nreq~iring the defendant to give an accounting before i \naudItors. Also termed judgment quod computet. \n\"In this action, if the plaintiff succeeds, there are two judg\nments: the first is, that the defendant do account (quod ~ \ncomputet) before auditors appointed by the court; and, \\ \nwhen such account is finished, then the second judgment \nis, that he do pay the plaintiff so much as he is found in \narrear:' 3 William Blackstone, Commentaries on the Laws \nofEng/and 163 (1768). \nquod cum (kwod k;}m). [Law Latin1For that; whereas. \nIn common-law pleading, this phrase introduced expla-, \nnations for the claims alleged, as in assumpsit actions. quod recuperet \nquod ei deforceat (kwod ee-I di-for-see-at), n. [Law \nLatin \"that he deforces him\"] Hist. A writ allowed by \nSt. Westm. 2, 13 Edw., ch. 4 for the owners ofa particu\nlar estate (such as a life estate or fee tail) who had lost \nland unwittingly by default in a possessory action. -Up \nto that time, only owners in fee simple could recover \nproperty after such a default. \nquod erat demonstrandum (kwod er-at dem-<ln-stran\nd<)m). See Q.E.D. \nquod erat faciendum (kwod er-;)t fay-shee-en-d<)m). See \nQ.E.P. \nquodfuit concessum (kwod f[y)oo-it bn-ses-<lm). [Law \nLatin] Which was granted. -This phrase was used in \nold reports to indicate that an argument or point made \nby counsel was approved or allowed by the court. \nquod jussu (kwod jilS-[yJoo). [Latin \"which was done by \norder\"] Roman law. See actio quod jussu under ACTIO. \nquod non fuit negatum (kwod non f[y]oo-it ni-gay\nt;)m). [Law Latin] Hist. Which was not denied. -This \nphrase usu. signifies that an argument or proposal is \nnot denied or controverted by the court. \nquod nota (kwod noh-t;j). [Latin] Hist. Which note; \nwhich mark . This is a reporter's note directing atten\ntion to a point or rule. \nquod partes repladtent (kwod pahr-teez ri-plas-i-tant), \nn. [Law Latin \"that the parties do replead\"] Hist. Ihe \njudgment ordering repleader when an issue is formed \non so immaterial a point that the court does not know \nfor whom to give a judgment.  The parties must then \nreconstruct their pleadings. \nquod partitio fiat (kwod pahr-tish-ee-oh fI-at). [Latin \n\"that partition be made\"] Hist. In a partition suit, a "}
{"text": "-tish-ee-oh fI-at). [Latin \n\"that partition be made\"] Hist. In a partition suit, a \njudgment granting the partition. \nquod permittat (kwod p;)r-mit-it), n. [Latin \"that he \npermit\"] Hist. A writ to prevent an interference in the \nexercise ofa right, such as a writ for the heir ofsomeone \ndisseised of a common of pasture against the heir of \nthe disseisor. \nquod permittat prosternere (kwod par-mit-it proh-star\nna-ree), n. [Law Latin \"that he permit to abate\"] Rist. A \nwrit to abate a nuisance, similar in nature to a petition \nofright. _ This writ was abolished by the Real Property \nLimitation Act of 1833. \n\"This is a writ commanding the defendant to permit the \nplaintiff to abate, quod permittat prosternere. the nuisance \ncomplained of; and, unless he so permits, to summon him \nto appear in court, and shew cause why he will not. And \nthis writ lies as well for the alienee of the party first injured, \nas against the alienee of the party first injuring; as hath \nbeen determined by all the judges. And the plaintiff shall \nhave judgment herein to abate the nuisance, and to recover \ndamages against the defendant.\" 3 William Blackstone, \nCommentaries on the Laws of Eng/and 222 (1768), \nquod recuperet (kwod ri-k!y]oo-par-it), n. [Law Latin \n\"that he do recover\") Hist. The ordinary judgment \nfor a plaintiff in an action at law . The judgment \nmight be either final or interlocutory depending on \nwhether damages had been ascertained at the time the \n\n1370 quod si contingat \njudgment was rendered. Also termed judgment quod \nrecuperet. \nquod si contingat (kwod SI kon-ting-at). [Law Latin] \nHist. That if it happen. These words were used to \ncreate a condition in a deed. \nquod vide (kwod vI-dee or vee-day). See Q.V. \nquod voluit non dixit (kwod vol-yoo-it non dik-sit). \n[Latin] Hist. That he did not say what he intended . \nThis phrase was sometimes used in an argument con\ncerning the intention of a lawmaker or testator. \nquo jure (kwoh joor-ee). [Law Latin \"by what right\"] \nHist. A writ for someone holding land to which another \nclaimed a common, to compel the latter to prove title. \nSee COMMON (1). \nquominus (kwoh-mit-nits or kwoh-mI-nits). [Latin \nquo minus \"by which the less\") Hist. A 14th-century \nExchequer writ alleging that the plaintiff had lent the \ndefendant a sum of money and that the plaintiff was \nunable to repay a debt ofsimilar amount to the Crown \nbecause of the debt to the defendant.  In effect, the \nplaintiff pleaded the fiction that he was a debtor of \nthe king who could not repay that debt because of the \ndefendant's failure to repay him. Also termed writ \nofquominus. \n\"[W)hat in the beginning had been permitted as a means of \ncollecting the royal revenue came in the end to be nothing \nmore or less than permitting any citizen to sue in the \ncourt of the king in order to collect a private debt. The old \npretense that the matter concerned the royal revenue had \nto be kept up, and accordingly A had to allege that he was \n'less able' to pay the king when his debtors would not pay \nhim. But everyone, even the court itself, recognized this as \na mere fiction, and that since the suit was in fact between \nA and B, B was not permitted to bring in other matters, \nsuch for example as a defense on the ground that A did not \nactually owe any taxes to the crown. This fiction came to be \nknown as the 'quo minus' fiction, because these were the \nLatin words used in the litigation, which meant that A was \n'less able' to pay the king.\" Charles Herman Kinnane, A First \nBook on AngloAmerican Law 265-66 (2d ed. 1952). \nquomodo constat (kwoh-mit-doh kon-stat). [Latin] Hist. \nAs it appears (from the record, the pleadings, etc.). \nquomodo desiit possidere (kwoh-m<i-doh des-ee-it pos\nit-dee-ree). [Law Latin] Scots law. In what way he ceased \nto possess. In an action to reclaim possession, the \nplaintiffwas required to prove previous possession and \nquomodo desiit possidere (as by theft, etc.). \nquondam (kwon-ddm), adj. Having been formerly; \nformer <the quondam ruler>. \nquondam, n. Archaic. A person who once held an office \nor a position, esp. one who was involuntarily removed \nor deposed. \nquorum, n. (17c) Parliamentary law. The minimum \nnumber of members (usu. a majority of all the members) \nwho must be present for a deliberative assembly to \nlegally transact business. PI. quorums. [Cases: Parlia\nmentaryLaw \nconstituency-based quorum. See interest-based \nquorum. disappearing quorum. A quorum whose presence may \nbe more presumptive than actual. See presumption of \na quorum under PRES1JMPTION. \ninterest-based quorum. A quorum determined accord\ning to the presence or representation of various \nconstituencies. Also termed constituency-based \nquorum. \nnotice-based quorum. A quorum determined accord\ning to how far in advance of the meeting its call was \ncirculated. Under a notice-based quorum, the later \nthe call gets sent out, the larger the quorum grows. \nproportional quorum. A quorum calculated with refer\nence to some defined or assumed set, usu. either the \nnumber of seats (including vacancies) or the number \nof sitting members (excluding vacancies). \nregistration-based quorum. A quorum determined \naccording to how many members have checked in at \nthe meeting, either at some fixed time or throughout \nthe time since the meeting began. \nquorum bonorum (kwor-itm bit-nor-itm). [Latin] Roman \nlaw. A praetorian interdict by which a person was \nallowed to take possession of an estate. See BONORUM \nPOSSESSIO CONTRA TABULAS. \nquorum call. See CALL (1). \nquorumless, adj. Lacking a quorum. quorumless\nness, n. \nquorum nobis. See CORAM NOBIS. \nquorum usus consistit in abusu (kwor-<im yOO-SdS [or \nyoo-Z<is] bn-sis-tit in d-byoo-s[y]oo). [Law Latin) Scots \nlaw. The use of which consists in consuming them . \nThe phrase appeared in reference to fungibles. \nquot. Hist. Scots law. Formerly, the 20th part of an estate's \nmovables, calculated before the decedent's debts are \npaid, owed to the bishop ofthe diocese. \nquota. (17c) 1. A proportional share assigned to a person \nor group; an allotment <the university's admission stan\ndards included a quota for in-state residents>. [Cases: \nColleges and Universities 2. A quantitative \nrestriction; a minimum or maximum number <Faldo \nmet his sales quota for the month>. \nexport quota. A restriction on the products that can \nbe sold to foreign countries . In the United States, \nexport quotas can be established by the federal gov\nernment for various purposes, including national \ndefense, price support, and economic stability. \nimport quota. A restriction on the volume ofa certain \nproduct that can be brought into the country from a \nforeign country . In the United States, the President \nmay establish a quota on an item that poses a threat \nof serious injury to a domestic industry. \nquot articuli tot libelli (kwot ahr-tik-Yd-h taht li-bel-I). \n[Law Latin] Hist. As many points of dispute as libels. \nquotation. (l7c) 1. A statement or passage that is exactly \nreproduced, attributed, and cited. 2. The amount stated \nas a stock's or commodity's current price. \n\n1371 \nmarket quotation. The most current price at which \na security or commodity trades. [Cases: Exchanges \n13.] \n3. A contractor's estimate for a given job. -Sometimes \nshortened to quote. [Cases: Contracts ~229(1).1 \nquot generationes tot gradus (kwot jen-<:l-ray-shee-oh\nneez taht gray-d<:ls). [Law Latin] Rist. As many genera- i \nHons as degrees (of relationship) . The phrase appeared \nin reference to degrees ofrelationship. \nquotient verdict. See VERDICT. \nquousque (kwoh-as-kwee). [Latin] Rist. As long as; how \nlong; until; how far.  This term was used in convey\nances as a limitation. \nquovis modo (kwoh-vis moh-doh). [Latin] In whatever \nmanner. \nquovis tempore (kwoh-vis tem-p<l-ree). [Latin] Rist. At \nwhatever time. \nquo warranto (kwoh wel-ran-toh also kwoh wahr\nan-toh). [Law Latin \"by what authority\"] (15c) 1. A \ncommon-law writ used to inquire into the author\nity by which a public office is held or a franchise is \nclaimed. -Also termed writ ofquo warranto. [Cases: \nQuo Warranto C=>9.] 2. An action by which the state \nseeks to revoke a corporation's charter. -The Federal \nRules of Civil Procedure are applicable to proceedings \nfor quo warranto \"to the extent that the practice in such \nproceedings is not set forth in statutes of the United \nStates and has therefore conformed to the practice \nin civil actions.\" Fed. R. Civ. P. 81(a)(2). [Cases: Quo \nWarranto ~15.] q.v. \n\"There are two modes of proceeding judicially to ascertain \nand enforce the forfeiture of a charter for default or abuse \nof power. The one is by scire facias: and that process is \nproper where there is a legal existing body, capable of \nacting, but who have abused their power. The other mode \nis by information in the nature of a quo warranto; which \nis in form a criminal, and in its nature a civil remedy: and \nthat proceeding applies where there is a body corporate de \nfacto only, but who take upon themselves to act, though, \nfrom some defect in their constitution, they cannot legally \nexercise their powers. Both these modes of proceeding are \nat the instance of and on behalf of the government. The \nstate must be a party to the prosecution, for the judgment \nis that the parties be ousted, and the franchises seised \ninto the hands of the government.\" 2 James Kent, Com\nmentaries on American Law *313 (George Comstock ed., \n11th ed. 1866). \n\"Quo warranto means 'by what warrant?' -or authority? \nand was a proceeding to inquire whether authority existed \nto justify or authorize certain acts of a public character or \ninterest. Originally the proceeding of quo warranto was a \ncriminal one instituted by the crown, the purpose of which \nwas to find out, in the course of a formal inquiry, whether \nor not persons or corporations were exercising a privilege \nor franchise illegally, or if persons who had no right to do \nso were occupying some public office. If it were found that \nthe person or corporation was in fact illegally interfering \nwith the prerogative power of the crown, or was in fact \ndoing some other illegal act, it was ousted from the illegal \npractice or office. Accordingly, it can be seen at once that \nthe proceeding on quo warranto was not one to be used \nby private parties in the conduct of ordinary litigation.\" \nCharles Herman Kinnane, A First Book on AngloAmerican \nLaw 662 (2d ed. 1952). \nq.v. abbr. [Latin quod vide] (17c) Which see used in \nnon-Bluebook citations for cross-referencing. PL qq.v. \n\nR \nR. abbr. 1. REX. 2. REGINA. 3. RANGE. 4. Trademarks. \nWhen contained in a circle (and often superscripted), \nthe symbol indicating that a trademark or servicemark \nis registered in the U.S. Patent and Trademark Office. \nSee registered trademark under TRADEMARK; SERVICE\nMARK. \nrabbicular trust. See TRUST (3). \nrabbinical divorce. See DIVORCE. \nrabbi trust. See TRUST (3). \nrace act. See RACE STATUTE. \nrace-notice statute. (1968) A recording law providing \nthat the person who records first, without notice of \nprior unrecorded claims, has priority . About half \nthe states have race-notice statutes. -Also termed \nrace-notice act; notice-race statute. Cf. RACE STATUTE; \nNOTICE STATUTE. [Cases: Vendor and Purchaser C=:' \n231(11).] \nrace ofdiligence. Bankruptcy. A first -come, first-served \ndisposition of assets. [Cases: Bankruptcy C=:'3442.] \nrace statute. (1944) A recording act providing that the \nperson who records first, regardless of notice, has \npriority.  Only Louisiana and North Carolina have \nrace statutes. -Also termed pure race statute; race act. \nCf. NOTICE STATUTE; RACE-NOTICE STATUTE. [Cases: \nVendor and Purchaser C=:'231(11).] \nrace to the courthouse.(l961) 1. Bankruptcy. The com\npetition among creditors to make claims on assets, \nusu. motivated by the advantages to be gained by those \nwho act first in preference to other creditors . Chapter \n11 of the Bankruptcy Code, as well as various other \nprovisions, is intended to prevent a race to the court\nhouse and instead to promote equality among credi\ntors. [Cases: Bankruptcy C=:'2022, 2391, 2601, 3501.] \n2. Civil procedure. The competition between disputing \nparties, both ofwhom know that litigation is inevitable, \nto prepare and file a lawsuit in a favorable or conve\nnient forum before the other side files in one that is less \nfavor"}
{"text": "to prepare and file a lawsuit in a favorable or conve\nnient forum before the other side files in one that is less \nfavorable or less convenient.  A race to the courthouse \nmay result after one party informally accuses another \nofbreach ofcontract or intellectual-property infringe\nment. When informal negotiations break down, both \nwant to resolve the matter quickly, usu. to avoid further \nbusiness disruption. While the accuser races to sue for \nbreach of contract or infringement, the accused seeks \na declaratory judgment that no breach or infringement \nhas occurred. See ANTICIPATORY FILING. \nrachat (rah-shah), n. [French] 1. Repurchase; redemp\ntion. 2. Ransom. \nracheter (rah-sh;l-tay), vb. [French] 1. To repurchase or \nbuy back. 2. To ransom. \nracial discrimination. See DISCRIMINATION. racial profiling. The law-enforcement practice of using \nrace, national origin, or ethnicity as a salient basis for \nsuspicion of criminal activity . Originally, the term \nreferred to the practice of stopping a disproportion\nate number of male African-American drivers on the \nassumption that they had a heightened likelihood of \nbeing involved in criminal activity. After the terrorist \nattacks ofSeptember 11,2001, the term was frequently \nused in reference to searching and interrogating Middle \nEastern men at airports. -Also termed ethnic profil\ning;profiling. Cf. LINGUISTIC PROFILING. [Cases: Arrest \nC=:'63.5(4); Civil Rights C=:' 1088(4).] \nrack, n. Hist. An instrument oftorture on which a person \nwas slowly stretched, formerly used to interrogate \nsomeone charged with a crime. \nracket, n. (1819) 1. An organized criminal activity; esp., \nthe extortion ofmoney by threat or violence. 2. A dis\nhonest or fraudulent scheme, business, or activity. \n[Cases: Racketeer Influenced and Corrupt Organiza\ntions C=:'50, 107.] \nracketeer, n. (1924) A person who engages in racketeer\ning. [Cases: Racketeer Influenced and Corrupt Orga\nnizations C=:'4, 103.] -racketeer, vb. \nRacketeer Influenced and Corrupt Organizations Act. \nA law designed to attack organized criminal activity \nand preserve marketplace integrity by investigating, \ncontrolling, and prosecuting persons who participate \nor conspire to participate in racketeering. 18 USCA \n 1961-1968 . Enacted in 1970, the federal RICO \nstatute applies only to activity involving interstate \nor foreign commerce. Since then, many states have \nadopted laws (sometimes called \"little RICO\" acts) \nbased on the federal statute. The federal and most \nstate RICO acts provide for enforcement not only by \ncriminal prosecution but also by civil lawsuit, in which \nthe plaintiff can sue for treble damages. -Abbr. RICO. \n[Cases: Racketeer Influenced and Corrupt Organiza\ntions C=:'2, 101.] \n\"Before criminal or civil liability can attach under RICO, \nit must be shown that the two or more acts of racketeer\ning alleged in the criminal indictment or civil complaint \nconstitute a pattern of racketeering activity on the part of \nthe culpable person. The statutory definition of pattern \n'requires at least two' predicate acts occurring within \nten years of each other, with one of them occurring after \nOctober 15, 1970. More broadly put, the pattern of rack\neteering activity is a scheme of unlawful conduct with a \nnexus to both the culpable person and the enterprise.\" \nDavid R. McCormack, Racketeering Influenced Corrupt \nOrganizations  1.04, at 1-20 (1998). \nracketeering, n. (1897) 1. A system of organized crime \ntraditionally involving the extortion of money from \nbusinesses by intimidation, violence, or other illegal \nmethods. [Cases: Racketeer Influenced and Corrupt \nOrganizations C=:'4, 103.] 2. A pattern ofillegal activity \n\n1373 \n(such as bribery, extortion, fraud, and murder) carried \nout as part ofan enterprise (such as a crime syndicate) \nthat is owned or controlled by those engaged in the \nillegal activity . The modern sense (sense 2) derives \nfrom the federal RICO statute, which greatly broad\nened the term's original sense to include such activi\nties as mail fraud, securities fraud, and the collection \nof illegal gambling debts. See 18 USCA  1951-1960. \n[Cases: Racketeer Int1uenced and Corrupt Organiza\ntions 102.] \nrack rent, n. Rent equal to or nearly equal to the full \nannual value ofthe property; excessively or unreason\nably high rent. -rack-rent, vb. rack-renter, n. \nradical lawyering. See CAUSE LAWYERING. \nraffle, n. A form oflottery in which each participant buys \none or more chances to win a prize. [Cases: Lotteries \nraid, n. 1. A sudden attack or invasion by law-enforce\nment officers, usu. to make an arrest or to search for \nevidence of a crime. 2. An attempt by a business or \nunion to lure employees or members from a competi\ntor. 3. An attempt by a group of speculators to cause a \nsudden fall in stock prices by concerted selling. \nraider. See CORPORATE RAIDER. \nrailroad, vb. 1. To transport by train. 2. To send (a \nmeasure) hastily through a legislature so that there is \nlittle time for consideration and debate. 3. To convict \n(a person) hastily, esp. by the use of false charges or \ninsufficient evidence. \nrailroad-aid bond. See BOND (3). \nrailroad company. See railroad corporation under COR\nPORATION. \nrailroad corporation. See CORPORATION. \nRailroad Retirement Board. A three-member federal \nboard that administers the program providing retire\nment, unemployment, and sickness benefits to retired \nrailroad employees and their families . The Board was \nestablished bv the Railroad Retirement Act of 1934. -\nAbbr. RRB. [Cases: Social Security and Public Welfare \n(~:)161; Unemployment Compensation (:::>231.] \nRailway Labor Act. A 1926 federal law giving transpor\ntation employees the right to organize without man\nagement interference and establishing guidelines for \nthe resolution oflabor disputes in the transportation \nindustry. In 1934, the law was amended to include the \nairline industry and to establish the National Media\ntion Board. 45 USCA 151-188. See NATIONAL MEDIA\nTION BOARD. \nrainmaker, n. A lawyer who generates a large amount \nof business for a law firm, usu. through wide contacts \nwithin the business community <the law firm fell on \nhard times when the rainmaker left and took his clients \nwith him>. rainmaking, n. \nraise, vb. (I2c) 1. To increase in amount or value <the \nindustry raised prices>. 2. To gather or collect <the \ncharity raised funds>. 3. To bring up for discussion or \nconsideration; to introduce or put forward <the party rank \nraised the issue in its pleading>. 4. To create or establish \n<the person's silence raised an inference ofconsent>. 5. \nTo increase the stated amount of (a negotiable instru\nment) by fraudulent alteration <the indorser raised the \ncheck>. \nraise a question ofprivilege. To offer a question of privi\nlege to be considered by the meeting or ruled on by the \nchair. See question ofprivilege under QUESTION (3). \nraised check. See CHECK. \ni raising an instrument. Ihe act of fraudulently altering \na negotiable instrument, esp. a check, to increase \nthe amount stated as payable. See raised check under \nCHECK. [Cases: Banks and Banking ~7'147.] \nrake-off, n. (1887) A percentage or share taken, esp. . \n! from an illegal transaction; an illegal bribe, payoff, or \nskimming of profits. -rake off, vb. \ni rally, n. A sharp rise in price or trading (as of stocks) \n, after a declining market. \nRAM. See reverse annuity mortgage under MORTGAGE. \nRambo lawyer. Slang. A law'yer, esp. a litigator, who uses \naggressive, unethical, or illegal tactics in representing \na client and who lacks courtesy and profeSSionalism \nin dealing with other lawyers. Often shortened to \nRambo. \nram raid. Slang. The smashing of a shop window or other \ncommercial premises with a vehicle in order to break in \nand steal cash or goods . The term is most common in \nBritain, Ireland, and Australia. -Also termed crash\nand-dash. Cf. SMASH-AND-GRAB. \nRamseyer rule. A rule of the U.S. House of Represen\ntatives requiring any committee reporting a bill that \namends legislation in force to show in its report what \nwording the bill would strike from or insert into the \ncurrent law. The rule is named for Representative C. \nWilliam Ramseyer (1875-1943) ofIowa, who proposed \nit. The analogous rule in the U.S. Senate is the Cordon \nrule. See CORDON RULE. \nRand D. abbr. RESEARCH AND DEVELOPMENT. \nrange, n. Land law. In U.S. government surveys, a strip \nof public land running due north to south, consisting \nofa row oftownships, at six-mile intervals. Abbr. R. \n[Cases: Public Lands C---=25.] \nranger. 1. Rist. In England, an officer or keeper of a \nroyal forest, appointed to patrol the forest, drive out \nstray animals, and prevent trespassing. 2. An officer or \nwarden who patrols and supervises the care and pres\nervation of a public park or forest. [Cases: Woods and \nForests (::::7.]3. One of a group ofsoldiers who patrol \na given region; esp., in the U.S. military, a soldier spe\ncially trained for surprise raids and dose combat. 4. A \nmember ofa special state police force. \nrank, n. 1. A social or official position or standing, as in \nthe armed forces <the rank of captain>. [Cases: Armed \nServices (~8.1 2. Parliamentary law. A motion's \nrelative precedence. See PRECEDENCE (3). \n\n1374 rank and file \nrank and file. 1. The enlisted soldiers ofan armed force, \nas distinguished from the officers. 2. The general mem\nbership of a union. \nrank-order voting. See preferential voting under \nVOTING. \nransom, n. (l3c) 1. Money or other consideration \ndemanded or paid for the release ofa captured person \nor property. See KIDNAPPING. 2. The release of a \ncaptured person or property in exchange for payment \nofa demanded price. [Cases: Kidnapping C-:;;) 19.] \nransom, vb. (l4c) 1. To obtain the release of (a captive) \nby paying a demanded price. 2. To release (a captive) \nupon receiving such a payment. 3. To hold and demand \npayment for the release of(a captive). \nransom bill. Int'/law. A contract by which a vessel \nor other property captured at sea during wartime is \nransomed in exchange for release and safe conduct to a \nfriendly destination. Also termed ransom bond. \nransom factor. Slang. The costliness oflitigation consid\nered as a disincentive to vindicate one's rights in court. \n-The term is used mostly in England. \nrap, n. (1903) Slang.!. Legal responsibility for a criminal \nact <he took the rap for his accomplices>. 2. A criminal \ncharge <a murder rap>. 3. A criminal conviction; esp., a \nprison sentence <a 20-year rap for counterfeiting>. \nrape, n. (ISc) 1. At common law, unlawful sexual inter\ncourse committed by a man with a woman not his wife \nthrough force and against her will. -The common\nlaw crime ofrape required at least a slight penetration \nof the penis into the vagina. Also at common law, a \nhusband could not be convicted of raping his wife. \nFormerly termed rapture; ravishment. [Cases: RapeC=> \n1.) 2. Unlawful sexual activity (esp. intercourse) with \na person (usu. a female) without consent and usu. by \nforce or threat ofinjury. -Most modern state statutes \nhave broadened the definition along these lines. Rape \nincludes unlawful sexual intercourse without consent \nafter the perpetrator has substantially impaired his \nvictim by administering, without the victim's knowl\nedge or consent, drugs or intoxicants for the purpose \nof preventing resistance. It also includes unlawful \nsexual intercourse with a person who is unconscious. \nMarital status is now usu. irrelevant, and sometimes \nso is the victim's gender. Also termed (in some \nstatutes) unlawful sexual intercourse; sexual assault; \nsexual battery; sexual abuse; (in Latin) crimen raptus. \nCf. sexual assault under ASSAVLT; sexual battery under \nBATTERY. \n\"[Another] offence, against the female part also of his maj\nesty's subjects, but attended with greater aggravations \nthan that of forCible marriage, is the crime of rape, raptus \nmulierum, or the carnal knowledge of a woman forcibly \nand against her will.\" 4 William Blackstone, Commentaries \non the Laws of England 210 (1769). \n\"If force is to be declared an element of the crime [of rape] \nit becomes necessary to resort to the fiction of 'construe \ntive force' to take care of those cases in which no force is \nneeded beyond what is involved in the very act of inter \ncourse itself. A better analysis is to recognize that the \nrequirement of force is simply a means of demonstrating that the unlawful violation of the woman was without her \nconsent and against her will. Therefore, evidence of serious \nforce need not be shown in many cases. Hence the better \nview is that 'force' is not truly speaking an element of the \ncrime itself, but if great force was not needed to accomplish \nthe act the necessary"}
{"text": "'force' is not truly speaking an element of the \ncrime itself, but if great force was not needed to accomplish \nthe act the necessary lack of consent has been disproved \nin other than exceptIOnal situations. The courts today \nfrequently state the position that a woman's resistance \nneed not be 'more than her age, strength, the surrounding \nfacts, and all attending circumstances' make reasonable.\" \nRollin M. Perkins & Ronald N. Boyce, Criminal Law 211-12 \n(3d ed. 1982). \nacquaintance rape. (1980) Rape committed by someone \nknown to the victim, esp. by the victim's social com\npanion. Cf. date rape; relationship rape. \ncommand rape. Coerced or forced sexual contact \nbetween a superior member and subordinate member \nof the armed forces. \ndate rape. (1975) Rape committed by a person who is \nescorting the victim on a social occasion. -Loosely, \ndate rape also sometimes refers to what is more accu\nrately called acquaintance rape or relationship rape. \n[Cases: Rape C=>4,] \nmarital rape. (1936) A husband's sexual intercourse \nwith his wife by force or without her consent. _ \nMarital rape was not a crime at common law, but \nunder modern statutes the marital exemption no \nlonger applies, and in most jurisdictions a husband \ncan be prosecuted for raping his wife. -Also termed \nspousal rape. [Cases: Rape <:;'::)4.) \nprior-relationship rape. See relationship rape. \nrape by means offraud. An instance of sexual inter\ncourse that has been induced by fraud. _ Authorities \nare divided on the question whether rape can occur \nwhen a woman is induced bv fraudulent statements to \nhave sexual intercourse. B~t the term rape by means \noffraud is not uncommon in legal literature. (Cases: \nJustices ofthe Peace C=> 10.] \nrape under age. See statutory rape. \nrelationship rape. (1999) Rape committed by someone \nwith whom the victim has had a significant associa\ntion, often (though not always) of a romantic nature. \n-This term encompasses all types of relationships, \nincluding family, friends, dates, cohabitants, and \nspouses, in which the victim has had more than brief \nor perfunctory interaction with the other person. \nThus it does not extend to those with whom the \nvictim has had only brief encounters or a nodding \nacquaintance. -Also termed prior-relationship rape. \nCf. date rape; acquaintance rape. \nspousal rape. See marital rape. \nstatutory rape. (1873) Unlawful sexual intercourse \nwith a person under the age of consent (as defined \nby statute), regardless of whether it is against that \nperson's will. -Generally, only an adult may be con\nvicted ofthis crime. A person under the age of consent \ncannot be convicted. Also termed rape under \nSee age ofconsent under AGE. [Cases: Rape \n\"Carnal knowledge of a child is frequently declared to \nbe rape by statute and where this is true the offense is \n\n1375 \npopularly known as 'statutory rape: although not so des \nignated in the statute.\" Rollin M. Perkins & Ronald N. Boyce, \nCriminal Law 198 (3d ed. 1982). \n3. Archaic. The act ofseizing and carrying off a person \n(esp. a woman) by force; abduction. 4. The act of plun\ndering or despoiling a place. 5. Hist. One of the six \nadministrative districts into which Sussex, England \nwas divided, being smaller than a shire and larger than \na hundred. \nrape, vb. 1. To commit rape against. 2. Archaic. To \nseize and carry off by force; abduct. 3. To plunder or \ndespoil. rapist, raper, n. \nrape shield law. See SHIELD LAW (2). \nrape shield statute. See SHIELD LAW (2). \nrape uuder age. See statutory rape under RAPE. \nrapina (r;:)-pI-n;:). (Latin \"robbery, pillage\") Roman \n& civil law. The forcible taking of another's movable \nproperty with the intent to appropriate it to one's own \nuse. \n\"Rapina is the taking away of a thing by violent means. It \ngives rise to the praetorian actio vi bonorum raptorum ....\" \nRudolph Sohm, The Institutes: A Textbook ofthe History and \nSystem of Roman Private Law 419 Uames Crawford Ledlie \ntrans., 3d ed. 1907). \nrapine (rap-in). 1. Forcible seizure and carrying off \nof another's property; pillage or plunder. 2. Archaic. \nRape. \nrapport asuccession (ra-por ah sook-ses-syawn), n. \n[French \"return to succession\") Civil law. The restora\ntion to an estate of property that an heir received in \nadvance from the decedent, so that an even distribution \nmay be made among all the heirs. Cf. HOTCHPOT. \nrapporteur (ra-por-tuur or -t3r), n. [French) An official \nwho makes a report of committee proceedings for a \nlarger body (esp. a legislature). \nrapprochement (ra-prosh-mahn). [French] The estab\nlishment or restoration ofcordial relations between two \nor more nations. -Also spelled rapprochment. \nrap sheet. (1960) Slang. A person's criminal record. \nraptu haeredis (rap-t[y]oo h;:)-ree-dis), n. [Latin] Hist. \nA writ for taking away an heir held in socage. See \nSOCAGE. \nrapture. Archaic. 1. Forcible seizure and carrying off \nof another person (esp. a woman); abduction. 2. RAPE \n(1). \nraptu virginum (rap-t[y]oo v3r-ji-n<\"lm). See DE RAPTU \nVIRGINUM. \nrapuit (rap-yoo-it). [Latin) Hist. Ravished. _ The term \nwas formerly used in indictments for rape. See RAV\nISHMENT. \nRAR. abbr. REVENUE AGENT'S REPORT. \nrasure (ray-zhar). 1. The scraping or shaving of a docu\nment's surface to remove the writing from it; erasure. \n2. Obliteration. rase, vb. \nrat. Slang. See STOOL PIGEON (1). rate of return \nratable (ray-t;:)-bal), adj. (l6c) 1. Proportionate <ratable \ndistribution>. 2. Capable of being estimated, appraised, \nor apportioned <because hundreds of angry fans ran \nonto the field at the same time, blame for the goalpost's \ndestruction is not ratable>. 3. Taxable <the government \nassessed the widow's ratable estate>. See PRO RATA. \nratchet theory. (1977) Constitutional law. Ihe principle \nthat Congress, in exercising its enforcement power \nunder the 14th Amendment, can increase but not dilute \nthe scope of 14th Amendment guarantees as previously \ndefined by the Supreme Court. -The thought underly\ning the term is that the enabling clause works in only \none direction, like a ratchet. The theory was stated by \nJustice Brennan in Katzenbach v. Morgan, 384 U.S. \n641,86 S.Ct. 1717 (1966), but was repudiated by the \nSupreme Courtin City ofBoerne v. Flores, 521 U.S. 507, \n117 S.Ct.2157 (1997). -Also termed one-way ratchet \ntheory. \nrate, n. (I5c) 1. Proportional or relative value; the pro\nportion by which quantity or value is adjusted <rate of \ninflation>. 2. An amount paid or charged for a good or \nservice <the rate for a business-class fare is $550>. \nclass rate. A single rate applying to the transporta\ntion of several articles ofthe same general character. \n[Cases: Carriers C=> 189.) \nconfiscatory rate. A utility rate set so low by the gov\nernment that the utility company cannot realize a \nreasonable return on its investment. [Cases: Public \nUtilities C;:::, 129.) \nfreight rate. A rate charged by a carrier for the trans\nportation ofcargo, usu. based on the weight, volume, \nor quantity of goods but sometimes also on the goods' \nvalue or the mileage. [Cases: Carriers C:)12, 189.] \njOint rate. A single rate charged by two or more carriers \nto cover a shipment of goods over a single route. \n(Cases: Carriers C=>26, 193.] \nunion rate. The wage scale set by a union as a minimum \nwage to be paid and usu. expressed as an hourly rate \nor piecework rate. \n3. INTEREST RATE <the rate on the loan increases by \n2% after five years>. 4. PREMIUM RATE. 5. English law. \nA sum assessed or payable to the local government in \nthe place where a ratepayer dwells or has property. See \nRATEPAYER. rate, vb. \nrate base. The investment amount or property value on \nwhich a company, esp. a public utility, is allowed to \nearn a particular rate of return. [Cases: Public Utili\nties (;::::> 124.] \nrate-base value. See net book cost under COST (1). \nrate of interest. See INTEREST RATE. \nrate of return. The annual income from an invest\nment, expressed as a percentage ofthe investment. See \nRETURN (5). \nfair rate ofreturn. The amount of profit that a pUblic \nutility is permitted to earn, as determined by a public \nutility commission. ICases: Public Utilities Cr-;:, 129.) \n\n1376 ratepayer \ninternal rate ofreturn. Accounting. A discounted-cash\nflow method of evaluating a long-term project, used \nto determine the actual return on an investment. \nAbbr. IRR. \nratepayer. English law. A person who pays local taxes; a \nperson liable to pay rates. See RATE (4). \nratification, n. (I5c) 1. Adoption or enactment, esp. \nwhere the act is the last in a series of necessary steps \nor consents <The Ratification of the Conventions of \nnine States, shall be sufficient for the Establishment of \nthis Constitution between the States so ratifying the \nSame>. In this sense, ratification runs the gamut of \na formal approval of a constitutional amendment to \nrank-and-file approval ofa labor union's collective-bar\ngaining agreement with management. See ADOPTION \n(5). Cf. SANCTION (1). 2. Confirmation and acceptance \nof a previous act, thereby making the act valid from \nthe moment it was done <the board of directors' rati\nfication of the president's resolution> . This sense \nincludes action taken by the legislature to make binding \na treaty negotiated by the executive. [Cases; Estoppel \n~90(1).] 3. Contracts. A person's binding adoption \nof an act already completed but either not done in a \nway that originally produced a legal obligation or \ndone by a third party having at the time no authority \nto act as the person's agent <an adult's ratification of a \ncontract signed during childhood is necessary to make \nthe contract enforceable>. [Cases; Contracts C~?97(2); \nInfants Principal and Agent ~163-176.] \n\"Ratification may take place by express words indicating an \nintention to confirm the contract. These words may conSist \nof a new express promise, or such words as 'I do ratify \nand confirm.' A mere acknowledgment that the contract \nwas in fact made and that it has not been performed is \nnot sufficient as a ratification. it is sometimes said that \na ratification is ineffective unless made with knowledge \nof the possession of a legal power to disaffirm, but the \ncases holding the contrary seem to have the better reason.\" \nWilliam R. Anson, Principles ofthe Law ofContract 179-80 \n(Arthur L. Corbin ed., 3d Am. ed. 1919). \n4. Int'llaw. The final establishment of consent by the \nparties to a treaty to be bound by it, usu. including the \nexchange or deposit of instruments ofratification <the \nratification ofthe nuclear-weapons treaty>. See INSTRU\nMENT OF RATIFICATION. Cf. CONFIRMATION. lCases; \nTreaties ratify, vb. ratifiable, adj. \nratihabitio (rat-~-hd-bish-ee-oh), n. [Latin ff. ratum \nhabere \"to hold ratified\"] Civil law. Ratification or \napproval, esp. by a principal of an agent's transaction. \nPI. ratihabitiones. \nrating. 1. Marine insurance. The determination of a \nvessel's state or condition as a factor of insurabil\nity. [Cases: Insurance ~1515, 1540.] 2. INSURANCE \nRATING. \nratio. See RATIO DECIDENDI. \nratiocination (rash-ee-os-d-nay-sh~n), n. (16c) The \nprocess or an act of reasoning. -ratiocinative (rash\nee-os-a-nay-tiv), adj. -ratiocinate (rash-ee-os-~\nnayt), vb. ratio decidendi (ray-shee-oh des-d-den-dr), n. [Latin \n\"the reason for deciding\"] (I8c) 1. The principle or rule \nof law on which a court's decision is founded <many \npoorly written judicial opinions do not contain a \ndearly ascertainable ratio decidendi>. 2. The rule of \nlaw on which a later court thinks that a previous court \nfounded its decision; a general rule without which a \ncase must have been decided otherwise <this opinion \nrecognizes the Supreme Court's ratio decidendi in the \nschool desegregation cases>. -Often shortened to \nratio. PI. rationes decidendi (ray-shee-oh-neez des-~\nden-dr). Cf. OBITER DICTUM; HOLDING (1). \n\"The phrase 'the mtio decidendi of a case' is slightly ambig \nuous. It may mean either (1) the rule that the judge who \ndecided the case intended to lay down and apply to the \nfacts, or (2) the rule that a later court concedes him to have \nhad the power to lay down.\" G"}
{"text": "to the \nfacts, or (2) the rule that a later court concedes him to have \nhad the power to lay down.\" Glanville Williams, Learning \nthe Law 75 (11th ed. 1982). \n'There are ... two steps involved in the ascertainment of \nthe ratio decidendi . ... First, it is necessary to determine \nall the facts of the case as seen by the judge; secondly, it \nis necessary to discover which of those facts were treated \nas material by the judge.\" Rupert Cross & j.W. Harris, Prec\nedent in English Law 65-66 (4th ed. 1991). \nratio legis (ray-shee-oh lee-j~s), n. [Latin] The reason or \npurpose for making a law <the Senator argued that the \nrapid spread of violent crime was a compelling ratio \nlegis for the gun-control statute>. Also termed ratio \njuris. \nrationabiIe estoverium (rash-[ee]-~-nay-b~-lee es-t<)\nveer-ee-dm), n. [Law Latin \"reasonable necessaries\"] \nHist. Alimony. \nrationabilibus divisis. See DE RATIONABIUBUS DIVIsrs. \nrationabili parte bonorum. See DE RATIONABILI PARTE \nBONORUM. \nrational-basis test. (1947) Constitutional law. The cri\nterion for judicial analysis of a statute that does not \nimplicate a fundamental right or a suspect or quasi\nsuspect classification under the Due Process or Equal \nProtection Clause, whereby the court will uphold a \nlaw if it bears a reasonable relationship to the attain\nment ofa legitimate governmental objective . Rational \nbasis is the most deferential of the standards ofreview \nthat courts use in due-process and equal-protection \nanalysis. ~Also termed rational-purpose test; ratlonal\nrelationship test; minimum scrutiny; minimal scrutiny. \nCf. STRICT SCRUTINY; INTERMEDIATE SCRUTINY. [Cases: \nConstitutional Law ~3052, 3877.] \nrational-choice theory. (1979) The theory that behav\nioral choices, induding the choice to engage in criminal \nactivity, are based on purposeful decisions that the \npotential benefits outweigh the risks. Cf. CONTROL \nTHEOIc ROUTINE-ACTIVITIES THEORY; STRAIN \nTHEe\".-r. \nrational doubt. See REASONABLE DOUBT. \nrational interpretation. See logical interpretation under \nINTERPRETATION. \nrational-purpose test. See RATIONAL-BASIS TEST. \nrational-relationship test. See RATIONAL-BASIS TEST. \n\n1377 \nratione (ray-shee-oh-nee or rash-ee-oh-nee). [Latin] By \nreason; on account. \nratione bonorum (ba-nor-am). By reason ofproperty. \nratione causae (kaw-zee). By reason of the nature of \nthe case. \nratione contractus (km-trak-tas). By reason of the \ncontract. \n\"By entering into a contract, the contracting parties may ... \nrender themselves amenable to the jurisdiction of ajudge \nto whose jurisdiction they would not have been amenable \nhad the contract not been entered into. Thus, a foreigner, \nfor the time being domiciled in Scotland, entering into \na contract there with a Scotchman ... renders himself \namenable to the jurisdiction of the Scotch courts in any \nquestion arising out of the contract, for the parties ... are \npresumed to have had the law and the courts of Scotland \nin view as the forum. . and ajurisdiction thus founded is \nsaid to arise ratione contractus.\" John Trayner. Trayner's \nLatin Maxims 540 (4th ed. 1894). \nratione delicti (di-lik-tI). On account ofthe delict. \nratione domicilii (dom-a-sil-ee-I). By reason of \ndomicile; on account of residence. The phrase \nappeared in reference to the foundation ofjurisdic\ntion in many civil cases. \nratione habita (hab-i-t;;). Regard being had (of particu\nlar factors or circumstances). \nratione impotentiae (im-pa-ten-shee-ee). By reason \nof inability. This was the basis for a property right \nin young wild animals that were unable to run or fly. \nSee FERAE NATURAE. \nratione incidentiae (in-si-den-shee-ee). By reason of \nthe incident. \nratione loci (loh-sl). By reason ofplace. This was the \nbasis for a property right in rabbits and hares. \nratione materiae (m;:Heer-ee-ee). By reason of the \nmatter involved. \nratione originis (a-rij-a-nis). By reason of one's \norigin. \nratione personae (par-soh-nee). By reason ofthe person \nconcerned. \nratione privilegii (priv-a-Iee-jee-I). By reason ofpriv\nilege. This was the basis for a property right in \nanimals ofwarren. See WARREN. \nratione rei sitae (ree-I sHee). By reason of the situa\ntion ofa thing. \nratione soli (soh-h). By reason of the soil.  This was \nthe basis for a property right in bees. \nratione subjectae materiae (sab-jek-tee m;;-teer-ee-ee). \nOn account of the subject matter. \nratione suspecti judicis (sa-spek-tI joo-di-sis). On \naccount ofthe judge being suspected. -This referred \nto a judge's recusal in a case. \nratione temporis (tem-por-is), adv. By reason of time \nor the times. See RATIONE. \nratione tenurae (ten-ya-ree). By reason of tenure. read law \nrationes (ray-shee-oh-neez or rash-ee-oh-neez), n. [Latin \n\"reasons\"] Hist. The pleadings in a suit. \nratio pertinens. A pertinent reason (for a question). \nratio scientiae (ray-shee-oh sr-en-shee-ee). [Law Latin] \nHist. 1he ground ofknowledge; esp., the basis for a wit\nness's testimony. \nratio scripta (ray-shee-oh skrip-t;;). [Latin] Roman law. \n\\-Vritten reason. \nrattening (rat-ning). Hist. The practice of taking away \ntools, destroying machinery, and the like in an attempt \neither to compel a worker to join a union or to enforce \na company's compliance with union rules. Rattening \nwas formerly a common labor-union tactic in England, \nand it was a criminal offense. \nravishment, n. Archaic. 1. Forcible seizure and carrying \noffofanother person (esp. a woman); abduction. 2. RAPE \n(1). In this sense the term is Widely considered inap\npropriate for modern usage. given its romantic C011110\ntations (in other contexts) ofecstasy and delight. In the \nRestatement (First) ofTorts  65a, the word was defined \nas including not just rape but any carnal intercourse of \na criminal nature. See RAPUIT. ravish, vb. \nRBS. abbr. RURAL BUSINESS-COOPERATIVE SERVICE. \nRCE. abbr. REQUEST FOR CONTINUED EXAMINATION. \nrDNA. abbr. RECOMBINANT DNA TECHNOLOGY. \nre (ree or ray), prep. (18c) Regarding; in the matter of. \nIn the title ofa case, it usu. signifies a legal proceeding \nregarding the disposition ofreal or personal property \nor a change in legal status. In American caselaw, the \nabbreviation commonly used is in re <In re Estate of \nKirk>. In business correspondence, the term signals the \nsubject matter <re: Board Meeting>. See IN RE. \nREA. abbr. RURAL ELECTRIFICATION ADMINISTRA\nTION. \nrea (ree-a), n. [Latin) In civil and canon law, a defendant. \nPi. reae. \nreacquired stock. See treasury stock under STOCK. \nreading. Parliamentary law. The recitation aloud of a \nbill or other main motion, sometimes by title only, usu. \nin a series of three such recitations necessary before a \nlegislative body can pass a bill. See reading clerk under \nCLERK (7). \nreading clerk. See CLERK (7). \nread into, vb. See READ ON. \nreadjustment, n. (18c) Voluntary reorganization of a \nfinancially troubled corporation by the shareholders \nthemselves, without a trustee's or a receiver's interven\ntion. -readjust, vb. \nread law. 1. To prepare for a legal career by working in \na lawyer's office as a clerk while studying legal texts \non one's own time. -Most American lawyers in the \n18th and 19th centuries obtained their legal educations \nsolely by reading law. Today. few American states allow \napplicants to take the bar exam without attending law \nschool. 2. To study law at a law school. \n\n1378 read on \nread on, vb. Patents. 1. (Of a patent claim) to contain \nall the same features of (a prior-art reference). -Ifthe \npatent claim reads on the prior art, the claim has been \nanticipated and the patent will be denied. See ANTICI\nPATED. [Cases: Patents 072(1).] 2. (Ofa patent claim) \nto describe an infringing product or process. -If all the \npatent claims read on the other product, that product \ninfringes the patent. [Cases: Patents ~226.6.1 \nready, willing, and able. (1829) (Of a prospective buyer) \nlegally and finanCially capable of consummating a \npurchase. [Cases: Brokers 0S4; Specific Performance \n087.] \n\"'READY, WILLING, AND ABLE' -A phrase referring to a pro\nspective buyer of property who is legally capable and \nfinancially able to consummate the deal. Traditionally, \nthe broker earns a commission upon procuring a 'ready, \nwilling, and able' buyer on the listing terms, regardless \nof whether the seller actually goes through with the sale. \nThe 'ready and willing' means, generally, that the broker \nmust in fact produce a buyer who indicates that he or she \nis prepared to accept the terms of the seller and is willing \nto enter into a contract for sale. The buyer is not 'ready \nand willing' when he or she enters into an option with the \nseller, but the buyer is 'ready and willing' when the option \nis exercised. The buyer is not 'ready and willing' when the \noffer is subject to any new conditions, such as making the \nclosing date an unreasonably long period, for example, \none year from the offer.... The 'able' requires that the \nbuyer be financially able to comply with the terms of the \nsale in both initial cash payment and any necessary financ\ning. The broker is not required to show that the purchaser \nhas actual cash or assets to payoff the mortgage. But the \nbroker is required to reveal the identity of the buyer if \nrequested by the seller.\" John W. Reilly, The Language of \nReal Estate 326 (4th ed. 1993). \nreaffirmation, n. (1857) 1. Approval of something pre\nviously decided or agreed to; renewal <the Supreme \nCourt's reaffirmation ofthis principle is long overdue>. \n2. Bankruptcy. An agreement between the debtor and a \ncreditor by which the debtor promises to repay a prepe\ntition debt that would otherwise be discharged at the \nconclusion of the bankruptcy <the debtor negotiated \na reaffirmation so that he could keep the collateral>. \nThere are two main requirements for a reaffirmation to \nbe enforceable: (I) the agreement must contain a clear \nand conspicuous provision stating that the debtor may \nrescind the reaffirmation agreement anytime before \ndischarge or within 60 days after the agreement is filed \nwith the court; and (2) for a debtor who is not repre\nsented by counsel, the court must determine that the \nreaffirmation is in the debtor's best interest and does \nnot impose an undue hardship. 11 USCA  524(c). \nAlso termed (in sense 2) reaffirmation agreement. \n[Cases: BankruptcyC=3415.]- reaffirm, vb. \nreaffirmation hearing. Bankruptcy. A hearing at which \nthe debtor and a creditor present a reaffirmation of a \ndischargeable debt for the court's approval. -The reaf\nfirmation hearing is usu. held simultaneously with the \ndischarge hearing. See DISCHARGE HEARING. [Cases: \nBankruptcy C--='3417.J \nreal, adj. (ISc) 1. Of or relating to things (such as lands \nand buildings) that are fixed or immovable <real \nproperty> <a real action>. 2. Civil law. Ot~ relating to, or attached to a thing (whether movable or immovable) \nrather than a person <a real right>. 3. Actual; genuine; \ntrue <real authority>. 4. (Of money, income, etc.) \nmeasured in terms of purchasing power rather than \nnominal value; adjusted for inflation <real wages>. \nreal account. See ACCOUNT. \nreal action. See ACTION (4). \nreal asset. See ASSET. \nreal authority. See actual authority under AUTHORITY \n(1). \nreal burden. See BURDEN (4). \nreal chattel. See chattel real under CHATTEL. \nreal contract. See CONTRACT. \nreal covenant. See covenant running with the land under \nCOVE~ANT (4). \nreal damages. See actual damages under DAMAGES. \nreal defense. See DEFENSE (4). \nreal earnings. See EARNI~GS. \nreal estate. See real property under PROPERTY, \nreal-estate agent. See AGENT (2). \nreal-estate broker. See BROKER. \nreal-estate investment trust. A company that invests in \nand manages a portfolio of real estate, with the majority \nof the trust's income distributed to its shareholders. \nSuch a trust may qualify for special income-tax treat\nment if it distributes 95% of its income to its share\nholders. -Abbr. REIT. See investment company under \nCOMPANY. Cf. REAL-ESTATE MORTGAGE TRUST. [Cases: \nInternal Revenue C~3997"}
{"text": "Y. Cf. REAL-ESTATE MORTGAGE TRUST. [Cases: \nInternal Revenue C~3997.] \numbrella-partnership real-estate investment trust. A \nREIT that controls and holds most of its properties \nthrough an umbrella limited partnership, as a result \nof which the trust can acquire properties in exchange \nfor the limited-partnership interests in the umbrella \nwhile triggering no immediate tax obligations for \ncertain sellers. -This is a structure that many REITs \nnow use. Abbr. UPREIT. [Cases: Internal Revenue \nC--:>3997.] \nreaI-estate-mortgage investment conduit. An entity that \nholds a fixed pool of mortgages or mortgage-backed \nsecurities (such as collateralized mortgage obligations), \nissues interests in itself to investors, and receives favor\nable tax treatment by passing its income through to \nthose investors. -Real-estate-mortgage investment \nconduits were created bv the Tax Reform Act of 1986. \nThey can be organized ~s corporations, partnerships, \nor trusts. To qualify for tax-exempt status, the entity \nmust meet two requirements: (1) almost all the entity's \nassets must be real-estate mortgages (though a few \nother cash-flow-maintaining assets are allowed); and \n(2) all interests in the entity must be classified as either \nregular interests (which entitle the holder to principal \nand interest income through debt or equity) or residual \ninterests (which provide contingent income). -Abbr. \nREMIC. \n\n1379 \nreal-estate mortgage trust. A real-estate investment \ntrust that buys and sells the mortgages on real property \nrather than the real property itself. Abbr. REMT. Cf. \nREAL-ESTATE INVESTMENT TRUST. \nreal estate owned. Property acquired by a lender, usu. \nthrough foreclosure, in satisfaction ofa debt. -Abbr. \nREO. [Cases: Mortgages (:;:;>534.] \nReal Estate Settlement Procedures Act. A federal law \nthat requires lenders to proVide home buyers with infor\nmation about known or estimated settlement costs. 12 \nUSCA  2601-2617. -Abbr. RESPA. See REGULATION \nx. [Cases: Consumer Credit (:;:;>30.] \nreal-estate syndicate. A group of investors who pool \ntheir money to buy and sell real property . Most real\nestate syndicates operate as limited partnerships or \nreal-estate investment trusts. \nreal evidence. See EVIDENCE. \nrealignment (ree-a-hn-m;mt), n. The process by which \na court, usu. in determining diversity jurisdiction, \nidentifies and rearranges the parties as plaintiffs and \ndefendants according to their ultimate interests. [Cases: \nFederal Civil Procedure 101; Federal Courts \n304.] realign, vb. \nreal income. See INCOME. \nrealization, n. (18c) L Conversion of noncash assets \ninto cash assets. 2. Tax. An event or transaction, such \nas the sale or exchange of property, that substantially \nchanges a taxpayer's economic position so that income \ntax may be imposed or a tax allowance granted. Cf. \nRECOGNITION (4). [Cases: Internal Revenue \n3178; Taxation (:;:;>3466.] -realize, vb. \nrealized gain. See GAIN (3). \nrealized loss. See LOSS (2). \nreal law. The law ofreal property; real-estate law. \nreal money. See MONEY. \nreal party in interest. See PARTY (2). \nreal-party-in-interest rule. The principle that the person \nentitled by law to enforce a substantive right should be \nthe one under whose name the action is prosecuted. \nFed. R. Civ. P. 17(a). [Cases: Federal Civil Procedure \n(:;:;> 131; Parties (:;:;>6.] \nreal property. See PROPERTY. \nreal rate. See INTEREST RATE. \nreal right. See RIGHT. \nreal security. See SECURITY. \nreal servitude. See servitude appurtenant under SERVI\nTUDE (2). \nreal statute. See STATUTE. \nreal subrogation. See SUBROGATION. \nreal suretyship. See SURETYSHIP. \nreal things. (l8c) Property that is fixed and immovable, \nsuch as lands and buildings; real property. Also \ntermed things real. See real property under PROPERTY. reasonable-apprehension test \nCf. chattel real under CHATTEL. [Cases: Property \n4.] \nrealtor (reel-tdr). 1. (cap.) Servicemark. A real-estate \nagent who is a member of the National Association of \nRealtors. [Cases: Brokers (:;:;>3.] 2. Loosely, any real\nestate agent or broker. [Cases: Brokers (:;:;>2.] \nreal treaty. See TREATY (1). \nrealty. Land and anything growing on, attached to, or \nerected on it, that cannot be removed without injury \nto the land. -Also termed real property. \nquasi-realty. Hist.Things that the law treats as fixed \nto realty, but are themselves movable, such as title \ndeeds. \nrealty trust. See nominee trust (2) under TRUST. \nreal wages. See WAGE. \nreal warrandice. See WARRANDICE. \nreal wrong. See WRONG. \nreapportionment, n. (1874) Realignment ofa legislative \ndistrict's boundaries to reflect changes in population \nand ensure proportionate representation by elected offi\ncials. See u.s. Const. art. I,  2, cl. 3. -Also termed \nredistricting. Cf. GERRYMANDERING. [Cases: Elections \nG':~~ 12(6); States reapportion, vb. \nreargument, n. (I8c) The presentation of additional \narguments, which often suggest that a controlling \nlegal principle has been overlooked, to a court (usu. \nan appellate court) that has already heard initial argu\nments. Cf. REHEARING. [Cases: Appeal and Error G.~ \n828; Federal Civil Procedure G::J928; Federal Courts \n(:;:;>'744; Motions reargue, vb. \nrearrest. See ARREST. \nreasonable, adj. (14c) 1. Fair, proper, or moderate under \nthe circumstances <reasonable pay>. 2. According to \nreason <your argument is reasonable but not convinc\ning>. \n\"It is extremely difficult to state what lawyers mean when \nthey speak of 'reasonableness.' In part the expression \nrefers to ordinary ideas of natural law or natural justice. in \npart to logical thought. working upon the basiS of the rules \nof law.\" John Salmond. Jurisprudence 183 n.(u) (Glanville L. \nWilliams ed., 10th ed. 1947). \n\"In one sense the word [reasonable) describes the proper \nuse of the reasoning power, and in another it is no more \nthan a word of assessment. Reasoning does not help \nmuch in fixing a reasonable or fair price or a reasonable \nor moderate length of time, or in estimating the size of a \ndoubt. Lawyers say a reasonable doubt, meaning a sub \nstantial one; the Court of Appeal has frowned upon the \ndescription of a reasonable doubt as one for which reasons \ncould be given.\" Patrick Devlin, The Judge 134 (1979). \n3. (Of a person) having the faculty of reason <a rea\nsonable person would have looked both ways before \ncrossing the street>. 4. Archaic. Human <criminal \nhomicide is traditionally called the unlawful killing of \na \"reasonable person\">. -reasonableness, n. \nreasonable accommodation. See ACCOMMODATION. \nreasonable-apprehension test. Patents. A judicial \nanalysiS to decide whether there is a justiciable \n\n1380 reasonable care \ncontroversy between a patentee and an alleged infringer. \n The test has two elements: (1) the patent owner must \nmake an explicit threat or take other action that makes \nanother person reasonably believe that an infringement \nsuit is likely, and (2) the other person must be engaged \nin an activity that could constitute infringement or \nmust be intentionally preparing to engage in possibly \ninfringing activity. If either element is prospective or \nuncertain, the court will not consider the complaint. \n[Cases: Declaratory Judgment C:=>234.j \nreasonable care. See CARE. \nreasonable cause. See PROBABLE CAUSE (1). \nreasonable-consumer test. The prevailing test for deter\nmining whether advertisement is deceptive, deter\nmined by asking whether the reasonable consumer \nwould believe that the claim is true. Cf. FOOL'S TEST. \n[Cases: Antitrust and Trade Regulation \nreasonable-development covenant. Oil & gas. The \nimplied promise in an oil-and-gas lease that once pro\nduction is obtained the lessee will continue to develop \nthe property as would a reasonably prudent operator, \nas opposed to merely holding the lease by the produc\ntion already obtained. See FURTHER-EXPLORATION \nCOVENANT. [Cases: Mines and Minerals (;=)78.1(4), \n78.1(8).] \nreasonable deviation. See DEVIATION. \nreasonable diligence. See DILIGENCE. \nreasonable doubt. (l8c) The doubt that prevents one \nfrom being firmly convinced ofa defendant's guilt, or \nthe belief that there is a real possibility that a defen\ndant is not guilty. _ \"Beyond a reasonable doubt\" is \nthe standard used by a jury to determine whether a \ncriminal defendant is guilty. See Model Penal Code \n 1.12. In deciding whether guilt has been proved \nbeyond a reasonable doubt, the jury must begin with \nthe presumption that the defendant is innocent. -Also \ntermed rational doubt. See BURDEN OF PERSUASIOK. Cf. \nclear and convincing evidence under EVIDENCE; PRE\nPONDERANCE OF THE EVIDENcE.[Cases: Constitutional \nLaw C:=>266(7); Criminal Law \\.;:;:,561.] \n\"Reasonable doubt ... is a term often used. probably pretty \nwell understood, but not easily defined. It is not a mere \npossible doubt; because every thing relating to human \naffairs, and depending on moral evidence, is open to some \npossible or imaginary doubt. It is that state of the case, \nwhich. after the entire comparison and consideration of all \nthe evidence, leaves the minds of jurors in that condition \nthat they cannot say they feel an abiding conviction. to a \nmoral certainty, of the truth of the charge.\" Commonwealth \nv. Webster, 59 Mass. (5 Cush.) 295, 320 (1850) (per Lemuel \nShaw,J.). \n''The gravamen of lord Goddard's objection to the formula \nof 'reasonable doubt' seems to have been the muddle occa \nsionally created by an impromptu effort to explain to a \njury the meaning of this phrase. A simple solution would \nbe to refrain from explaining it, relying on the common \nsense of the jury. As Barton J. said in an Australian case, \n'one embarks on a dangerous sea if he attempts to define \nwith precision a term which is in ordinary use with refer\nence to this subject-matter, and which is usually stated to \najury without embellishment as a well understood expres \nsion.' However, some modes of embellishment seem to be unobjectionable. There is probably no harm in telling \nthe jury. as some judges do, that a reasonable doubt is \none for which a sensible reason can be supplied.\" Glanville \nWilliams. Criminal Law 873 (2d ed. 1961). \nreasonable excuse. See PROBABLE CAUSE. \nreasonable-expectations doctrine. The prinCiple that an \nambiguous or inconspicuous term in a contract should \nbe interpreted to favor the weaker party's objectively \nreasonable expectations from the contract, even though \nthe explicit language ofthe terms may not support those \nexpectations. -This principle is most often applied \nwhen interpreting insurance policies, consumer con\ntracts, and other types of adhesion contracts. Also \nwritten reasonable-expectation doctrine. [Cases: Insur\nance 1817.] \nreasonable force. See FORCE. \nreasonable grounds. See PROBABLE CAUSE (1). \nreasonable-inference rule. (1945) An evidentiary prin\nciple providing that a jury, in deciding a case, may \nproperly consider any reasonable inference drawn from \nthe evidence presented at trial. Cf. PYRAMIDING INFER\nENCES, RULE AGAINST. [Cases: Criminal Law C:=>559; \nEvidence C:=>595.] \nreasonable man. See REASONABLE PERSON. \nreasonable medical probability. (1949) In proving the \ncause ofan injury, a standard requiring a showing that \nthe injury was more likely than not caused by a par\nticular stimulus, based on the general consensus of rec\nognized medical thought. Also termed reasonable \nmedical certainty. [Cases: Damages C;)185(1); Evidence \n(;::J547.5.] \nreasonable notice. See NOTICE. \nreasonable person. l. A hypothetical person used as \na legal standard, esp. to determine whether someone \nacted with negligence; specif., a person who exercises \nthe degree ofattention, knowledge, intelligence, and \njudgment that society requires of its members for the \nprotection of their own and ofothers' interests . The \nreasonable person acts senSibly, does things without \nserious delay, and takes proper but not excessive pre\ncautions. See Restatement (Second) of Torts  283(b). \nAlso termed reasonable mall; prudent person; ordinarily \nprudent person; reasonably prudent person; highly \nprudent person, See reasonable care under CARE. [Cases: \nNegligence \n\"The reasonable man connotes a person whose notions \nand standards of behaviour and responsibility correspond \nwith those generally obtained among ordinary people in \nour society at the present time, who seldom allows his \nemotions to overbear his reason and whose habits are \nmoderate and whose disposition is equable. He is not \nnecessarily the same as the average man a term which \nimplies an amalgamation of counter-balancing extremes.\" \nR. F.V. Heuston, Salmond on the Law of Torts 56 (17th ed. \n1977). \n2. Archaic. A human being. \n\"In the antique phraseology which has been repeated since \nthe time of lord Coke the actus reus"}
{"text": ". A human being. \n\"In the antique phraseology which has been repeated since \nthe time of lord Coke the actus reus of murder (and there\nfore of any criminal homicide) was declared to be unlaw\nfully killing a reasonable person who is in being and under \n\n1381 \nthe King's peace, the death following within a year and a \nday. In this sentence the word 'reasonable' does not mean \n'sane', but 'human'. In criminal law, a lunatic is a persona \nfor all purposes of protection, even when not so treated \nfor the assessment of liability.\" j.W. Cecil Turner, Kenny's \nOutlines ofCr;minal Law 102 (16th ed. 1952). \nreasonable provocation. See adequate provocation under \nPROVOCATION. \nreasonable royalty. See ROYALTY (1). \nreasonable skill. See SKILL. \nreasonable support. 1. See SUPPORT (1). 2. See SUPPORT \n(2). \nreasonable suspicion. See SUSPICION. \nreasonable time. (1951) 1. Contracts. The time needed to \ndo what a contract requires to be done, based on subjec\ntive circumstances . If the contracting parties do not \nfix a time for performance, the law will usu. presume \na reasonable time. [Cases: Contracts ~-::>212.1 2. Com\nmerciallaw. The time during which the DCC permits a \nparty to accept an offer, inspect goods, substitute con\nforming goods for rejected goods, and the like. [Cases: \nSales (;::::>22(5), 23(5), 166(1), 168(2), 179(6).] \nreasonable use. See USE (1). \nreasonable-use theory. (1933) Property. The principle \nthat owners ofriparian land may make reasonable use \noftheir water ifthis use does not affect the water avail\nable to lower riparian owners. [Cases: Waters and Water \nCourses (:::)41.J \nreasonably believe. See BELIEVE. \nreasonably-prudent-operator standard. Oil &gas. The \ntest generally applied to determine a lessee's compli\nance with implied lease covenants by considering what \na reasonable, competent operator in the oil-and-gas \nindustry would do under the circumstances, acting in \ngood faith and with economic motivation, and taking \ninto account the lessor's interests as well as that of the \noperator. -Also termed reasonable-prudent-operator \nstandard; prudent-operator standard. [Cases: Mines \nand Minerals <8=)78.1(2).J \nreasonably prudent person. See REASONABLE PERSON. \nreasonably suspect. See SUSPECT. \nreasons for allowance. See RULE 109 STATEMENT. \nreason to know. Information from which a person of \nordinary intelligence -or ofthe superior intelligence \nthat the person may have -would infer that the fact \nin question exists or that there is a substantial enough \nchance ofits existence that, ifthe person exercises rea\nsonable care, the person can assume the fact exists. \nreassurance. See REINSURANCE. \nrebate, n. A return of part of a payment, serving as a \ndiscount or reduction. rebate, vb. \nrebellion. 1. Open, organized, and armed resistance to \nan established government or ruler. 2. Open resistance \nor opposition to an authority or tradition. 3. Hist. Dis\nobedience ofa legal command or summons. recall election \nrebus integris (ree-b~s in-t~-gris). [Latin] Scots law. \nMatters being complete; no performance haVing taken \nplace. For example, a contract could be rescinded if \nnothing had been done toward performance. \nrebus ipsis etfactis (ree-b~s ip-sis et fak-tis). [Latin] Scots \nlaw. By the facts and circumstances themselves . A \nmarital contract was sometimes inferred rebus ipsis et \nfactis. \nrebus sic stantibus (ree-b~s sik stan-ti-b;}s). [Latin \n\"matters so standing\"] Civil law & Int'llaw. The prin\nciple that all agreements are concluded with the implied \ncondition that they are binding only as long as there are \nno major changes in the circumstances. See CLAUSA \nREBUS SIC STANTIBUS. [Cases: Treaties (;::::>5.) \nrebut, vb. (14c) To refute, oppose, or counteract (some\nthing) by evidence, argument, or contrary proof <rebut \nthe opponent's expert testimony> <rebut a presump\ntion of negligence>. \nrebuttable presumption. See PRESUMPTION. \nrebuttal, n. (1830) 1. In-court contradiction of an \nadverse party's evidence. 2. lhe time given to a party \nto present contradictory evidence or arguments. Cf. \nCASE-IN-CHIEF. [Cases: Criminal Law (;::::>683; Federal \nCivil Procedure (;::::>2015; Trial (;::::>62.) \n\"Rebuttal is the hardest argument to make in any court. In \nthe Supreme Court and in most courts of appeals, petitioner \nhas to work hard to save any time at all for rebuttal. In the \nSupreme Court, rebuttal time comes directly out of the \n30 minutes allotted to petitioner's side and, if the justices \nkeep asking questions that use up petitioner's time, the \ncase is submitted without rebuttal. Many courts of appeals \npermit counsel to reserve time for rebuttal, either through \nthe clerk in advance of the argument or at the beginning of \nthe argument itself. It is the rare court of appeals panel that \ndoes not permit counsel at least one minute of rebuttal, \neven when counsel's time has expired.\" David C. Frederick, \nSupreme Court and Appellate Advocacy  7.3, at 178 (2003) \n(dealing only with oral rebuttals on appeal). \n3. The arguments contained in a reply brief. See reply \nbrief under BRIEF. [Cases: Appeal and Error C='762; \nCriminal Law C-=> 1130(6); Federal Courts (~:::::>714.] \nrebuttal evidence. See EVIDENCE. \nrebuttal witness. See WITNESS. \nrebutter. (16c) 1. Common-law pleading. The defendant's \nanswer to a plaintiff's surrejOinder; the pleading that \nfollowed the rejOinder and surrejoinder, and that might \nin turn be answered by the surrebutter. [Cases: Pleading \n185.)2. One who rebuts. \nrebutting evidence. See rebuttal evidence under \nEVIDENCE. \nrecall, n. (1902) 1. Removal ofa public official from office \nby popular vote. [Cases: Officers and Public Employees \n(;:'.;::)70.7.J 2. A manufacturer's request to consumers for \nthe return of defective products for repair or replace\nment. [Cases: Insurance (;::::>2278(24); Products Liabil\nity~-:>144.J 3. Revocation ofa judgment for factual or \nlegal reasons. recall, vb. \nrecall election. See ELECTION (3). \n\nrecall exclusion. See sistership exclusion under EXCLU\nSION (3). \nrecall ofmandate. The extraordinary action by an appel\nlate court ofwithdrawing the order it issued to the trial \ncourt upon deciding an appeal, usu. after the deadline \nhas passed for the losing party to seek a rehearing. _ \nBecause this action can interfere with trial-court pro\nceedings on remand, and also because it clouds the \nwaters that repose (the finality of a judgment) is meant \nto clear, courts are reluctant to use the power. But they \nwill use it to correct clerical errors or to remedy a fraud \non the court during the appeal. It has also been used \nwhen the original mandate would result in a grave \ninjustice. See MANDATE (1). [Cases: Appeal and Error \nC::J 1218; Criminal Law (;:=> 1193; Federal Courts \n956.1.] \nrecant (ri-kant), vb. (l6c) 1. To withdraw or renounce \n(prior statements or testimony) formally or publicly \n<the prosecution hoped the eyewitness wouldn't \nrecant her corroborating testimony on the stand>. 2. \nTo withdraw or renounce prior statements or testimony \nformally or publicly <under grueling cross-examina\ntion, the witness recanted>. recantation, n. \nrecapitalization, n. An adjustment or recasting of a \ncorporation's capital structure -that is, its stocks, \nbonds, or other securities -through amendment of \nthe articles of incorporation or merger with a parent \nor subsidiary. -An example of recapitalization is the \nelimination of unpaid preferred dividends and the \ncreation of a new class of senior securities. Ct: REOR\nGANIZA nON (2). [Cases: Corporations <:::::>575,576.] \nrecapitalize, vb. \nleveraged recapitalization. Recapitalization whereby \nthe corporation substitutes debt for equity in the \ncapital structure, usu. to make the corporation less \nattractive as a target for a hostile takeover. -Also \ntermed leveraging up. \nrecaption. (17c) 1. At common law, lawful seizure of \nanother's property for a second time to secure the per\nformance of a duty; a second distress. See DISTRESS. 2. \nPeaceful retaking, without legal process, of one's own \nproperty that has been wrongfully taken. \nrecapture, n. 1. 'The act or an instance of retaking or \nreacquiring; recovery. 2. The lawful taking by the gov\nernment of earnings or profits exceeding a specified \namount; esp., the government's recovery of a tax benefit \n(such as a deduction or credit) by taxing income or \nproperty that no longer qualifies for the benetlt. [Cases: \nInternal Revenue c':::=3089, 3138, 353J.] 3. Int'llaw. \nTh.e retaking of a prize or booty so that the property \nis legally restored to its original owner. See POSTLIM\nINIUM (2). -recapture, vb. \n\"Upon recapture from pirates, the property is to be restored \nto the owner, on the allowance of a reasonable compento restore it.\" I James Kent, Commentaries on American \nLaw *1 07-08 (George Comstock ed., 11th ed. 1866). \nrecapture clause. 1. A contract provision that limits \nprices or allows for the recovery of goods if market \nconditions greatly differ from what the contract antic\nipated. 2. A commercial-lease provision that grants the \nlandlord both a percentage ofthe tenant's profits above \na fixed amount of rent and the right to terminate the \nlease and thus recapture the property -if those \nprofits are too low. \nrecapture rule. Patents. The doctrine that a patentee \ncannot regain, in a reissue patent, a claim that the \npatentee previously abandoned in order to gain allow\nance of the patent application. _ The rule provides \na defense in an infringement action by allowing the \ndefendant to attack the validity ofa reissue patent. An \nattempt to recapture a strategically abandoned claim \ncannot meet the statutory requirement that the error be \nmade without deceptive intent. 35lJSCA  251. [Cases: \nPatents (;:=> 141(6).J \nrecede, vb. (Of a house in a bicameral legislature) to \nwithdraw from an amendment in which the other \nhouse has not concurred. See CONCUR (3). [Cases: \nStatutes (;:=> 16, 23.] \n\"A vote to recede from amendments constitutes a final \npassage of the bill without the amendments from which the \nhouse has receded, since both houses have then agreed to \nthe bill in its form prior to amendment.\" National Confer\nence of State Legislatures, Mason's Manual of Legislative \nProcedure  767, at 555 (2000). \nreceding market. See bear market under MARKET. \nreceipt, n. (14c) 1. The act of receiving something <my \nreceipt of the document was delayed by two days>. 2. \nA written acknowledgment that something has been \nreceived <keep the receipt for the gift>. \naccountable receipt. A receipt in which a person admits \nthat goods or money were delivered to the person and \nthat the person is obliged to deliver all or part of the \ngoods or money to a third person. \ninterim receipt. The written acknowledgment of a \npremium paid on an insurance policy that is pending \nfinal approval. [Cases: Insurance C=) 1746.] \nwarehouse receipt. Sec WAREHOCSE RECEIPT. \n3. (usu, pl.) Something received; INCOME <post the \ndaily receipts in the ledger>. \nreceipt, vb. (18c) 1. To acknowledge in writing the receipt \nof(something, esp. money) <the bill must be receipted>. \n2. To give a receipt for (something, esp. money) <the \nbookkeeper receipted the payments>. \nreceipt clause. In a conveyancing document, a clause \nthat acts as a receipt for the consideration given. _ \nThis clause typically appears to avoid the necessity of \na separate receipt. \nsation to the retaker, in the nature of salvage; for it is a receiptor (ri-see-tdr). (1814) A person who receives from principle of the law of nations, that a capture by pirates a sheriff another's property seized in garnishment anddoes not, like a capture by an enemy in solemn war, change \nthe title, or devest the original owner of his right to the agrees to return the property upon demand or execu\nproperty, and it does not require the doctrine of postliminy tion. [Cases: Execution (;:=> 150.] \n\nreceivable, adj. 1. Capable ofbeing admitted or accepted \n<receivable evidence>. 2. Awaiting receipt ofpayment \n<accounts receivable>. 3. Subject to a call for payment \n<a note receivable>. \nreceivable, n. (14c) An amount owed, esp. by a business's \ncustomer. See account receivable under ACCOUNT. \nunrealized receivable. (1957) An amount earned but \nnot yet received. _ Unrealized receivables have no \nincome-tax basis for cash-basis taxpayers. [Cases: \nInternal Revenue (;:;::'3931,3935.] \nreceiver. (18c) 1"}
{"text": "\nInternal Revenue (;:;::'3931,3935.] \nreceiver. (18c) 1. A disinterested person appointed by \na court, or by a corporation or other person, for the \nprotection or collection of property that is the subject \nofdiverse claims (for example, because it belongs to a \nbankrupt or is otherwise being litigated). Cf. LIQUIDA\nTOR. [Cases: Corporations C=>552, 621(.5); Receivers \n81.] \nancillary receiver. One who is appointed as a receiver \nin a particular area to help a foreign receiver collect \nthe assets ofan insolvent corporation or other entity. \n[Cases: Corporations C=>686.] \n\"An ancillary receiver of a corporation or unincorporated \nassociation may be appointed (a) by a competent court \nof a state in which there are assets of the corporation or \nunincorporated association at the time of the commence\nment of the action for the appointment of such receiver, \nor (b) in the case of a corporation, by a competent court \nof the state of incorporation .... The purpose of such an \nancillary receivership is to aid the foreign primary receiver \nship in the collection and taking charge of assets of the \nestate being administered.\" 66 Am. Jur. 2d Receivers  436, \nat 239 (1973), \ngeneral receiver. See principal receiver. \njudgment receiver. A receiver who collects or diverts \nfunds from a judgment debtor to the creditor. _ A \njudgment receiver is usu. appointed when it is difficult \nto enforce a judgment in any other manner. -Also \ntermed receiver in aid ofexecution. [Cases: Execution \n(;:::::)404.] \nlocal receiver. Conflict oflaws. A receiver appointed in \nthe state where property is located or where an act is \ndone. [Cases: Receivers C=>206.] \nprincipal receiver. A receiver who is primarily respon\nsible for the receivership estate . A principal receiver \nmay ordinarily (1) act outside the state ofappointment, \n(2) sue in a foreign court, (3) exercise broad powers of \nassignment, and (4) handle all distributions. -Also \ntermed primary receiver; general receiver; original \nreceiver. [Cases: Receivers (;:::J205-21O.] \nreceiver in aid ofexecution. See judgment receiver. \nstatutory receiver. A receiver whose appointment is \nprovided for in a statute. \n2. Hist. An officer in the royal household who collected \nrevenues and disbursed them in a lump sum to the trea\nsurer, and who also acted as an attorney with the power \nto appear in any court in England. -The monarch and \nhis or her consort each had a receiver, thus the full title \nwas King's Receiver or Queen's Receiver. receiver general. A public official in charge ofa govern\nment's receipts and treasury. PI. receivers general. \nreceiver's certificate. Bankruptcy. An instrument issued \nby a receiver as evidence that the holder is entitled to \n! receive payment from funds controlled by the bank\nruptcy court. [Cases: Bankruptcy (;:;'::'3025.1,3035.1.] \nreceivership. (I5c) 1. The state or condition ofbeing in \nthe control ofa receiver. [Cases: Corporations C::~'552, \n621(.5); Receivers C=::, 1.] 2. 'The position or function of \nbeing a receiver appointed by a court or under a statute. \n3. A proceeding in which a court appoints a receiver. \nancillary receivership. A receivership in which a \nfurther administrative proceeding is appointed \nin another state to help the principal receivership, \n[Cases: Corporations C=>'686; Receivers C=>206.] \ndry receivership. A receivership in which there is no \nequity available to pay general creditors. [Cases: \nReceivers 163.] \nreceivership estate. The totality of the interests that the \nreceivers of an association in one or more states are \nappointed to protect. \nreceiving, n. See RECEIVING STOLEN PROPERTY. \nreceiving order. See ORDER (2). \nreceiving state. See STATE. \nreceiving stolen property. (1847) The criminal offense \nof acquiring or controlling property known to have \nbeen stolen by another person. _ Some jurisdictions \nrequire the additional element of wrongful intent. In \nsome jurisdictions it is a felony, but in others it is either \na felony or a misdemeanor depending on the value of \nthe property. See Model Penal Code  223.1, 223.6. \nSometimes shortened to receiving. -Also termed \nreceiving stolen goods. See FENCE (1). [Cases: Receiving \nStolen Goods C=> 1.] \nrecens insecutio (ree-senz in-sd-kyoo-shee-oh). [Latin \n\"fresh pursuit\"] Hist. Pursuit of a thief immediately \nafter discovery of the theft. See FRESH PURSUIT. \nreceptator (ree-sep-tay-tor or -t;}r). [Latin fro receptare \n\"to harbor (a criminal or the proceeds of crime)\"] Scots \nlaw, 1. A harborer of a felon. 2. A receiver of stolen \nproperty. \nreception. (1931) The adoption in whole or in part ofthe \nlaw ofone jurisdiction by another jurisdiction. -In the \nlegal idiom, it is most common to speak of the recep\ntion ofRoman law. \n\"In many parts of Europe monarchs encouraged a'recep, \ntion' of Roman law at the expense of medieval custom \nary systems. On the continent-in France, Holland, and \nGermany-the results of the reception of Roman law have \ntended to be permanent; the continental jurist in the twen\ntieth century studies Roman law to grasp the jurisprudence \nunderlying modern codes. And in the British Isles, the law \nof Scotland now contains so much borrowing from Roman \nlaw that there, too the road to legal practice leads through \nstudy of the corpus of Roman civil law compiled atJustini \nan's direction. But a reception of Roman law never occurred \nin England.\" Arthur R. Hogue, Origins o(the Common Law \n242 (1966). \n\nreceptitious (ree-sep-tish-;lS), adj. Roman law. 1. (Of a \ndowry) returnable by agreement to the donor upon the \ndissolution of the marriage. 2. (Of property) retained \nby the wife and not included in the dowry. \nreceptus (ri-sep-t<ls). [Latin \"(a person) having been \nreceived\"] Civil law. An arbitrator.  The term takes \nits name from the idea that the arbitrator is \"received\" \nby the parties to settle their dispute. \nrecess (ree-ses), n. (17c) 1. A brief break in judicial pro\nceedings <the court granted a fifteen-minute recess so \nthe attorney and plaintiff could confer>. Cf. CONTINU\nANCE (3). [Cases: Criminal Law ~649; Federal Civil \nProcedure ~19S1; Trial ~26.]2. Parliamentary law. \nA motion that suspends but does not end a meeting, \nand that usu. provides for resumption of the meeting \n<the meeting had a IS-minute recess> . The motion \nto recess, which merely suspends the meeting, differs \nfrom the motion to adjourn, which ends the meeting. \nCf. ADJOURN. [Cases: United States 18.] 3. Parlia\nmentary law. The interval between such a motion's \nadoption and the meeting's reconvening <Congress \ntook a monthlong recess>. recess (ri-ses), vb. \nrecess appointment. See APPOINTMENT. \nrecession. (1929) A period characterized by a sharp \nslowdown in economic activity, declining employment, \nand a decrease in investment and consumer spending. \nCf. DEPRESSION. \nrecessus maris (ri-ses-as mair-as). [Latin] A going back \nor retreat of the sea. See RELICTION. \nrecharacterization. A court's determination that an \ninsider's loan to an entity in liquidation (such as a cor\nporation or partnership) should be treated as a capital \ncontribution, not as a loan, thereby entitling the insider \nto only part of the liquidation proceeds payable after \nall the business's debts have been discharged . Factors \ninfluencing this determination include the amount of \ncapital initially available, the ability of the entity to \nobtain loans from outside sources, how long the entity \nhas existed, the treatment of the loan in the entity's \nbusiness records, and past treatment of similar trans\nactions made to that entity by an insider. [Cases: Cor\nporations (;:='60.] \nRecht (rekt). [German \"right\"] 1. Law generally. 2. A \nbody oflaw. 3. A right or claim. \nRechtsbesitz (rekts-be-zitz). See possession of a right \nunder POSSESSION. \nRechtsphilosophie (rekts-f<l-los-;)-fee). See ethical juris\nprudence under JURISPRUDENCE. \nrecidivate (ri-sid-<l-vayt), vb. To return to a habit of \ncriminal behavior; to relapse into crime. [Cases: Sen\ntencing and Punishment (;:::::> 1202.] \nrecidivation. Archaic. See RECIDIVISM. \nrecidivism (ri-sid-<l-viz-;)m), n. (1886) A tendency to \nrelapse into a habit ofcriminal activity or behavior. \nAlso termed (archaically) recidivation. -recidivous, \nrecidivist, adj. recidivist (ri-sid-;)-vist), n. (1880) One who has been \nconvicted of multiple criminal offenses, usu. similar in \nnature; a repeat offender <proponents of prison reform \nargue that prisons don't cure the recidivist>. -Also \ntermed habitual offender; habitual criminal; repeater; \ncareer criminal; prior and persistent offender. [Cases: \nSentencing and Punishment (;:;:)1200.] \nreciprocal (ri-sip-ra-k;)l), adj. (16c) 1. Directed by each \ntoward the other or others; MUTUAL <reciprocal trusts>. \n2. BILATERAL <a reciprocal contract>. 3. Correspond\ning; equivalent <reciprocal discovery>. \nreciprocal contract. See bilateral contract under \nCONTRACT. \nreciprocal dealing. A business arrangement in which \na buyer having greater economic power than a seller \nagrees to buy something from the seller only if the seller \nbuys something in return. _ Reciprocal dealing usu. \nviolates antitrust laws. -Also termed reciprocal-deal\ning arrangement. Cf. TYING ARRANGEMENT. \nreciprocal discovery. See reverse Jencks material under \nJENCKS MATERIAL. \nreciprocal exchange. An association whose members \nexchange contracts and pay premiums through an \nattorney-in-fact for the purpose ofinsuring themselves \nand each other. _ A reciprocal exchange can consist of \nindividuals, partnerships, trustees, or corporations, but \nthe exchange itself is unincorporated. Also termed \ninterinsurance exchange; reciprocal insurance exchange; \nreciprocal interinsurance exchange. See reCiprocal insur\nance under INSURANCE; EXCHANGE (5). [Cases: Insur\nance (;:;:, 1204.] \nreciprocal insurance. See INSURANCE. \nreciprocal insurance exchange. See RECIPROCAL \nEXCHANGE. \nreciprocal interinsurance exchange. See RECIPROCAL \nEXCHANGE. \nreciprocal negative easement. See EASEMENT. \nreciprocal trade agreement. An agreement between two \ncountries providing for the exchange ofgoods between \nthem at lower tariffs and better terms than exist between \none ofthe countries and other countries. \nreciprocal trust. See TRUST. \nreciprocal will. See mutual will under WILL. \nreciprocity (res-<l-pros-i-tee). (I8c) l. Mutual or bilateral \naction <the Arthurs stopped receiving social invita\ntions from friends because of their lack ofreciprocity>. \n2. 1he mutual concession of advantages or privileges \nfor purposes of commercial or diplomatic relations \n<Texas and Louisiana grant reciprocity to each other's \ncitizens in qualifying for in-state tuition rates>. -Also \ntermed mutuality ofbenefits; quid pro quo; eqUivalence \nofadvantages. [Cases: Colleges and Universities \n9.20(2).] 3. Intellectual property. The recognition by \none country of a foreign national's intellectual-prop\nerty rights only ifand only to the extent that the other \nnation would recognize those same rights for the first \ncountry's citizens . Reciprocity is the most restrictive \n\napproach to international intellectual-property law indifference to the safety of others. [Cases: Automo\nrights. Cf. NATIONAL TREATMENT; UNIVERSALITY. biles C:::>330.] \n\"It has become common when introducing new categories \nof rights for them to be granted on the basis of reciprocity. \nThe advantages of reciprocity are twofold. First. reciprocity \nbenefits rights owners by providing incentives for non\nconforming countries to change their laws. Secondly, it \nsaves users in one country (A) from paying royalties for \nforeign authors from countries that do not pay royalties to \nthe authors of country A.\" lionel Bently & Brad Sherman, \nIntellectual Property Law 101 (2001). \nrecision. See RESCISSION. \nrecission. See RESCISSION. \nrecital. (16c) 1. An account or description of some fact \nor thing <the recital of the events leading up to the \naccident>. 2. A preliminary statement in a contract or \ndeed explaining the reasons for entering into it or the \nbackground of the transaction, or showing the exis\ntence of particular facts <the recitals in the settlement \nagreement should describe the underlying dispute>. \n Traditionally, each recital begins with the word \nwhereas. Also termed (in sense 2) whereas clause. \n[Cases: Contracts 160; Deeds <>34,35,96.] \nredte, vb. \n'The parries may wish to begin the agreement with a \nstatement of their intentions. Often they do this through \nreCitals, which were traditionally introduced by 'whereas,' \nbut can simply state the background without this formal \nity.\" Scott J. Burnham, Contract Drafting Guidebook  8.4, \nat 158 (2d ed. 1992). \nintroductory recital. (usu. pl.) A recital explaining how \nand why the"}
{"text": "ed. 1992). \nintroductory recital. (usu. pl.) A recital explaining how \nand why the existing state ofaffairs is to be altered. \nnarrative recital. (usu. pl.) A recital dealing with \nmatters such as how the buyer and the seller came \ntogether. \nparticular recital. A recital that states a fact defi\nnitely. \nrecite, vb. See READ ON. \nreckless, adj. (bef. 12c) Characterized by the creation of \na substantial and unjustifiable risk of harm to others \nand by a conscious (and sometimes deliberate) disre\ngard for or indifference to that risk; heedless; rash. \nReckless conduct is much more than mere negligence: \nit is a gross deviation from what a reasonable person \nwould do. See RECKLESSNESS. Cf. CARELESS; WANTON. \n[Cases: Automobiles C:::>330; Negligence <>274.] \nrecklessly, adv. \n\"Intention cannot exist without foresight, but foresight can \nexist without intention. For a man may foresee the possible \nor even probable consequences of his conduct and yet \nnot desire them to occur; none the less if he persists on \nhis course he knowingly runs the risk of bringing about \nthe unwished result. To describe this state of mind the \nword 'reckless' is the most appropriate. The words 'rash' \nand 'rashness' have also been used to indicate this same \nattitude.\" J.W. Cecil Turner, Kenny's Outlines of Criminal \nLaw 28 (16th ed. 1952). \nreckless disregard. See DISREGARD. \nreckless driving. (1902) The criminal offense of operat\ning a motor vehicle in a manner that shows conscious reckless endangerment. (1968) The criminal offense of \nputting another person at substantial risk of death or \nserious injury.  This is a statutory, not a common-law, \noffense. [Cases: Assault and Battery <>48.] \nreckless homicide. See HOMICIDE. \nreckless indifference. See deliberate indifference under \nINDIFFERENCE. \nreckless knowledge. See KNOWLEDGE. \nreckless negligence. See gross negligence under NEGLI\nGENCE. \nrecklessness, n. (bef. 12c) 1. Conduct whereby the actor \ndoes not desire harmful consequence but nonetheless \nforesees the possibility and consciously takes the risk. \n Recklessness involves a greater degree of fault than \nnegligence but a lesser degree of fault than intentional \nwrongdoing. [Cases: Negligence <>274.1 2. The state of \nmind in which a person does not care about the conse\nquences ofhis or her actions. Also termed heedless\nness. Cf. WANTONNESS. [Cases: Negligence C=)274.] \n\"The ordinary meaning of the word [recklessness] is a high \ndegree of carelessness. It is the doing of something which \nin fact involves a grave risk to others, whether the doer \nrealises it or not. The test is therefore objective and not \nsubjective.\" R.F.v. Heuston, Salmond on the Law of Torts \n194 (17th ed. 1977). \n\"An abiding difficulty in discussing the legal meaning of \nrecklessness is that the term has been given several dif\nferent shades of meaning by the courts over the years. In \nthe law of manslaughter, 'reckless' was long regarded as \nthe most appropriate adjective to express the degree of \nnegligence needed for a conviction: in this sense, it meant \na high degree of carelessness. In the late 1950s the courts \nadopted a different meaning of recklessness in the context \nof mens rea, referring to D's actual awareness of the risk \nof the prohibited consequence occurring: we shall call this \n'common-law recklessness.' Controversy was introduced \ninto this area in the early 1980s, when the House of Lords \npurported to broaden the meaning of recklessness so as to \ninclude those who failed to give thought to an obviOUS risk \nthat the consequence would occur ....\" Andrew Ashworth, \nPrinciples ofCriminal Law 154 (1991). \nreclamation (rek-l<l-may-sh;m), n. (l848) L The act or an \ninstance of improving the value ofeconomically useless \nland by phYSically changing the land, such as irrigating \na desert. [Cases: Waters and Water Courses C=,\"222.] \n2. Commercial law. A seller's limited right to retrieve \ngoods delivered to a buyer when the buyer is insolvent. \nDCC  2-702(2). See STOPPAGE IN TRANSITU. [Cases: \nSales C=;316.j 3. The act or an instance of obtaining \nvaluable materials from waste materials. reclaim, \nvb. \ni reclusion (ri-kloo-zh;m). Civil law. Incarceration as pun\nishment for a crime; esp. solitary confinement or con\nfinement at hard labor in a penitentiary. \nrecognition, n. (16c) 1. Confirmation that an act done \nby another person was authorized. See RATIFICATION. \n[Cases: Principal and Agent (~::> l70(2).] 2. The formal \nadmission that a person, entity, or thing has a particu\nlar status; esp. a nation's act in formally acknowledging \n\nthe existence of another nation or national government. \n3. Parliamentary law. The chair's acknowledgment that \na member is entitled to the floor <the chair recognizes \nthe delegate from Minnesota>. See PRECEDENCE (4). \n\"When any member desires to speak or deliver any matter \nto the house, that person should rise and respectfully \naddress the presiding officer. When the presiding officer \nrecognizes the member by calling the member by name \nor by indicating recognition, that person is entitled to the \nfloor and may address the body or present a matter of \nbusiness, but may not yield the floor to any other member.\" \nNational Conference of State Legislatures, Mason's Manual \nofLegislative Procedure  91, at 76-77 (2000). \n4. Tax. The act or an instance of accounting for a \ntaxpayer's realized gain or loss for the purpose of \nincome-tax reporting. Cf. NONRECOGNITION PRO\nVISION; REALIZATION (2). [Cases: Internal Revenue \n~3115, 3178; Taxation ~3466.] 5. An employer's \nacknowledgment that a union has the right to act as \na bargaining agent for employees. [Cases: Labor and \nEmployment ~1160.] 6. Int'llaw. Official action by \na country acknowledging, expressly or by implication, \nde jure or de facto, the existence ofa government or a \ncountry, or a situation such as a change of territorial \nsovereignty. (Cases: International Law ~4.] 7. RULE \nOF RECOGNITION. -recognize, vb. \nrecognition clause. Real estate. A clause providing that, \nwhen a tract ofland has been subdivided for develop\nment, the ultimate buyers of individual lots are pro\ntected ifthe developer defaults on the mortgage . Such \na clause is typically found in a blanket mortgage or a \ncontract for deed. \nrecognition picketing. See organizational picketing \nunder PICKETING. \nrecognition strike. See STRIKE. \nrecognitor (ri-kog-mH<Jr), n. 1. Rist. A member ofa jury \nimpaneled on an assize or inquest. See RECOGNITION \n(1), (2). 2. Rare. RECOGNIZOR. \nrecognizance (ri-kog-n<J-z<Jnts). (14c) 1. A bond or obli\ngation, made in court, by which a person promises to \nperform some act or observe some condition, such as to \nappear when called, to pay a debt, or to keep the peace; \nsped!:, an in-court acknowledgment ofan obligation in \na penal sum, conditioned on the performance or non\nperformance of a particular act . Most commonly, a \nrecognizance takes the form of a bail bond that guaran\ntees an unjailed criminal defendant's return for a court \ndate <the defendant was released on his own recogni\nzance>. See RELEASE ON RECOGNIZANCE. [Cases: Bail \n63; Recognizances \n\"Recognizances are aptly described as 'contracts made \nwith the Crown in its judicial capacity.' A recognizance is \na writing acknowledged by the party to it before a judge \nor officer having authority for the purpose, and enrolled \nin a court of record. It usually takes the form of a promise, \nwith penalties for the breach of it, to keep the peace, to be \nof good behaVior, or to appear at the assizes.\" William R. \nAnson, Principles of the Law of Contract 80-81 (Arthur L. \nCorbin ed., 3d Am. ed. 1919). \n\"A recognizance is an acknowledgment of an obligation \nin court by the recognizor binding him to make a certain \npayment subject to the condition that on the performance of a specified act the obligation shall be discharged.\" 1 \nSamuel Williston, A Treatise on the Law ofContracts  6, at \n18 (Walter H.E.Jaeger ed., 3d ed. 1957). \npersonal recognizance. (I8c) The release of a defendant \nin a criminal case in which the court takes the defen\ndant's word that he or she will appear for a scheduled \nmatter or when told to appear . This type ofrelease \ndispenses with the necessity of the person's posting \nmoney or having a surety sign a bond with the court. \n[Cases: Bail <>;)40.] \n2. See bail bond under BOND (2). \nrecognized gain. See GAIN (3). \nrecognized loss. See LOSS. \nrecognized market. See MARKET. \nrecognizee (ri-kog-n<J-zee). (16c) A person in whose \nfavor a recognizance is made; one to whom someone \nis bound by a recognizance. \nrecognizor (ri-kog-n<J-zor). (16c) A person who is obli\ngated under a recognizance; one who is bound by a \nrecognizance. -Also termed recognitor. \n\"A recognizance is an acknowledgment upon record of a \nformer debt, and he who so acknowledges such debt to \nbe due is termed the recognizor, and he to whom or for \nwhose benefit he makes such acknowledgment is termed \nthe recognizee.\" John Indermaur, Principles of the Common \nLaw 8 (Edmund H. Bennett ed., 1st Am. ed. 1878). \nrecollection, n. (l7c) 1. The action ofrecalling something \nto the mind, esp. through conscious effort. 2. Some\nthing recalled to the mind. See PAST RECOLLECTION \nRECORDED; PRESENT RECOLLECTION REFRESHED. \nrecollect, vb. \nrecombinant (ri-kom-b<J-mnt), adj. Patents. Of, relating \nto, or describing the introduction of DNA from one \nliving organism into another. \nrecombinant DNA technology. Patents. The science of \nmutating organisms by splicing sections ofone organ\nism's DNA onto that ofanother. -Abbr. rDNA. \nrecommit. Parliamentary law. To refer (a motion) back \nto a committee that has considered it.  The motion is \ncalled \"recommit\" rather than \"re-refer\" for the sake \nof euphony. See REFER. Cf. re-refer under REFER. \nrecommit, n. \nrecompensable. See COMPENSABLE. \nrecompensation. Scots law. In an action for debt, a plain\ntiff's allegation that money owed to a defendant has \nalready been paid and should not be considered as a \nsetoff against an award to the plaintiff. \nrecompense (rek-<Jm-pents), n. (15c) Repayment, com\npensation, or retribution for something, esp. an injury \nor loss. -recompense, vb. \nreconciliation (rek-<Jn-sil-ee-ay-sh,m), n. (14c) 1. Resto\nration ofharmony between persons or things that had \nbeen in conflict <a reconciliation between the plain\ntiff and the defendant is unlikely even if the lawsuit \nsettles before trial>. 2. Family law. Voluntary resump\ntion, after a separation, of full marital relations between \nspouses <the court dismissed the divorce petition \n\nafter the parties' reconciliation>. Cf. CONDONATION \n(2). [Cases: Divorce C=~48; Husband and Wife \n279(3).] 3. Accounting. An adjustment of accounts so \nthat they agree, esp. by allowing for outstanding items \n<reconciliation of the checking account and the bank \nstatement>. -reconcile (rek-;ln-srl), vb. \nreconciliation agreement. Family law. A contract \nbetween spouses who have had marital difficulties but \nwho now wish to save the marital relationship, usu. \nby specifying certain economic actions that might \nameliorate pressures on the marriage. This type of \nagreement serves a limited purpose. In fact. many states \nhave statutes prohibiting enforcement of contracts for \ndomestic services. so ifthe agreement governs anything \nother than economic behavior. it may be unenforceable. \n[Cases: Husband and Wife C='30.] \nreconciliation statement. An accounting or financial \nstatement in which discrepancies are adjusted. \nreconduction, n. 1. Civil law. The renewal of a lease. \nAlso termed relocation. See TACIT RELOCATION. [Cases: \nLandlord and Tenant (;:::::90.] 2. Int'llaw. The forcible \nreturn ofaliens (esp. illegal aliens. destitute or diseased \naliens, or alien criminals who have served their pun\nishment) to their country oforigin. Also termed (in \nsense 2) renvoi. -reconduct, vb. \nreconsider, vb. To discuss or take up (a matter) again \n<legislators voted to reconsider the bill>. Under \nparliamentary law, a motion to reconsider sets aside a \ncertain vote already taken and restores the motion on \nwhich the vote is being reconsidered to its status imme\ndiately before the vote occurred. Making a motion to \nreconsider suspends a vote already taken until the \nassembly decides whether to reconsider it. recon\nsideration, n. \n\"The motion to reconsider is a distinctively American \nmotion (it was first made the subject of a rule in the U. S. \nHouse of Representatives in 1 B02). \n\"This motion was unknown to the early British Parliament"}
{"text": "rule in the U. S. \nHouse of Representatives in 1 B02). \n\"This motion was unknown to the early British Parliament. \nWhen Parliament (the British Congress) passed an act. that \nact then stood as the judgment of the body until another \nlaw or supplementary act was afterward passed explain\ning or amending the previous act - a slowmoving and \ntime consuming process in the estimation of American \nlawmakers. \n\"Consequently, the American love for celerity invented the \nmotion to reconsider. and cleverly made it a mere proce \ndural or restoratory motion. As a result, the motion to \nreconsider now makes possible immediate reconsideration \nof a question, even on the same day.\" George Demeter, \nDemeter's Manual of Parliamentary Law and Procedure \n1S4 (1969). \nreconsider and enter on the minutes. Parliamentary \nlaw. To make a motion to reconsider for the purpose \nof suspending a vote already taken and bringing it \nback up at the next meeting, Also termed recon\nsider and enter; reconsider and have it entered on the \nminutes. \nreconsignment. (16c) A change in the terms of a con\nSignment while the goods are in transit. See CONSIGN\nMENT. [Cases: Carriers 178.] reconstruction. 1. Ihe act or process of rebuilding, re\ncreating, or reorganizing something <an expert in \naccident reconstruction>. 2. Patents. A rebuilding of \na broken, worn-out, or otherwise inoperative patented \narticle in such a way that a new article is created, thus \nresulting in an infringement <the replacement of the \nmachine's essential parts was an infringing recon\nstruction rather than a permissible repair>. Cf. REPAIR \nDOCTRINE. [Cases: Patents (;:::::255.] 3. (cap.) The process \nby which the Southern states that had seceded during \nthe Civil War were readmitted into the Union during \nthe years follOWing the war (i.e., from 1865 to 1877) \n<the 13th, 14th, and 15th Amendments to the U.S. Con\nstitution are a lasting legacy of Reconstruction>. \nrecontinuance. (16c) Hist. 1. Resumption or renewal. 2. \nThe recovery of an incorporeal hereditament that had \nbeen wrongfully deprived. \nreconvention. Civil law. The act or process of making a \ncounterclaim. See COUNTERCLAIM. [Cases: Set-off and \nCounterclaim (;:::::6.) \nreconventional demand. See DEMAND (1). \nreconventione (ree-bn-ven-shee-oh-nee). [Law Latin] \nHist. By reconvention. See RECONVENTION. \nreconversion. The notional or imaginary process by \nwhich an earlier constructive conversion (a change of \npersonal into real property or vice versa) is annulled \nand the converted property restored to its original \ncharacter. See equitable conversion under CONVERSION \n(1). [Cases: Conversion (;:::::22.] \nreconveyance, n. (16c) The restoration or return of \nsomething (esp. an estate or title) to a former owner or \nholder. -reconvey, vb. \nrecord, n. (Be) 1. A documentary account of past events, \nusu. designed to memorialize those events. 2. Infor\nmation that is inscribed on a tangible medium or that, \nhaVing been stored in an electronic or other medium, \nis retrievable in perceivable form. UCC  2A-102(a)(34). \n3. MINUTES (2). 4. The official report of the proceed\nings in a case, including the filed papers, a verbatim \ntranscript of the trial or hearing (if any), and tangible \nexhibits. Also termed (in some jurisdictions) clerk's \nrecord; (in BrE) bundle. See DOCKET (1). [Cases: Admin\nistrative Law and Procedure <8=>676; Appeal and Error \nC-=493-717; Criminal Law 1086.1-1128; Federal \nCourts (;:::::691.] \ndefective record. (I8c) 1. A trial record that fails to \nconform to requirements of appellate rules. [Cases: \nAppeal and Error (;:::::634-645; Criminal Law \n1109; Federal Courts (:::>698.] 2. A flawed real-estate \ntitle resulting from a defect on the property's record \nin the registry of deeds. [Cases: Vendor and Purchaser \nC='231(6).] \npublic record. (l6c) A record that a governmental unit \nis required by law to keep, such as land deeds kept at \na county courthouse . Public records are generally \nopen to view by the public. Cf. public document under \nDOCUMENT. [Cases: Records <8::;.' 1,30,54.] \n\nrecord 1388 \nreporter's record. In some jurisdictions, a trial tran\nscript. -Also termed stenographer's record. \nsilent record. Criminal procedure. A record that fails \nto disclose that a defendant voluntarily and know\ningly entered a plea, waived a right to counsel, or took \nany other action affecting his or her rights. [Cases: \nCriminal Law C=>1144.1-1144.20.] \nstenographer's record. See reporter's record. \nrecord, vb. To deposit (an original or authentic official \ncopy of a document) with an authority <she recorded \nthe deed in the county property office>. [Cases: Records \nrecorda (ri-kor-d;l). Hist. In England, records that con\ntained the judgments and pleadings in actions tried \nbefore the barons ofthe Exchequer. Cf. ORIGINALIA. \nrecord agent. See INSURANCE AGENT. \nrecordal. See RECORDATION. \nrecordare (ree-kor-dair-ee), n. [Law Latin] See RECORD\nARI. \nrecordari (ree-kor-dair-r). A writ to bring up for review, \nas a substitute for an appeal, a judgment of a justice \nof the peace or other court not of record. -Writs of \nrecordari are most common in North Carolina but \nare used infrequently in other states. -Also spelled \nrecordare. [Cases: Justices of the Peace (;;=; 164(5).] \nrecordari facias loquelam (ree-kor-dair-r fay-shee-<'ls \nl;l-kwee-l;lm), n. [Law Latin \"you cause the plaint to \nbe recorded\"] Hist. In England, a writ by which a suit \nor plaint in replevin could be removed from a county \ncourt to a superior court (esp. to one of the courts of \nWestminster Hall). -Abbr. reo fa. 10. See PLAINT (1). \nrecordation (rek-<lr-day-sh;ln), n. The act or process of \nrecording an instrument, such as a deed or mortgage, \nin a public registry . Recordation generally perfects a \nperson's interest in the property against later purchasers \n(including later mortgagees), but the effect ofrecorda\ntion depends on the type of recording act in effect. \nAlso termed recordal. [Cases: Records C=>6.] \nrecordatur (ri-kor-d<l-tuur). His!. An order to record the \nverdict returned in a nisi prius case. \nrecord date. See DATE. \nrecorded recollection. See PAST RECOLLECTION \nRECORDED. \nrecorder. (15c) 1. Hist. A magistrate with criminal juris\ndiction in some British cities or boroughs. 2. A munici\npal judge with the criminal jurisdiction ofa magistrate \nor a police judge and sometimes also with limited civil \njurisdiction. 3. A municipal or county officer who keeps \npublic records such as deeds, liens, and judgments. \ncourt recorder. (18c) A court official who records court \nactivities using electronic recording equipment, usu. \nfor the purpose ofpreparing a verbatim transcript. Cf. \nCOURT REPORTER (1). [Cases: Courts \nrecorder ofdeeds. See register ofdeeds under REGISTER \n(1). 4. SECRETARY (3). \nrecorder's court. See COURT. \nrecording act. (1802) A law that establishes the require\nments for recording a deed or other property interest \nand the standards for determining priorities between \npersons claiming interests in the same property (usu. \nreal property). -Recording acts -the three main types \nofwhich are the notice statute, the race statute, and the \nrace-notice statute are deSigned to protect bona fide \npurchasers from earlier unrecorded interests. -Also \ntermed recording statute. See NOTICE STATUTE; RACE \nSTATUTE; RACE-NOTICE STATUTE. [Cases: Deeds \nRecords (;;=;9; Vendor and Purchaser C=231.] \nrecording agent. See INSURANCE AGENT. \nrecording officer. See SECRETARY (3). \nrecording secretary. See SECRETARY (3). \nrecording statute. See RECORDING ACT. \nrecord notice. See NOTICE. \nrecordo et processu mittendis. See DE RECORDO ET \nPROCESSU MITTEN DIS. \nrecord of decision. Environmental law. A public \ndocument, generated under CERCLA, describing a \nfederal agency's decision regarding an environmen\ntal problem, identifying the remedies considered and \nwhich one is best, stating whether practical means to \nminimize or prevent environmental harms caused by \nthe chosen remedy have been adopted, and summariz\ning a plan for monitoring and enforcing any measures \nrequired to mitigate environmental harm. -Abbr. \nROD. [Cases: Environmental LawC::~439.1 \nrecord on appeal. The record ofa trial-court proceedi ng \nas presented to the appellate court for review. Also \ntermed appellate record. See RECORD (4). [Cases: Appeal \nand ErrorC::>493-717; Criminal LawC=>1086.1-1128; \nFederal Courts (;;=;691-710.] \nrecord owner. See OWNER. \nrecord title. See TITLE (2). \nrecordum (ri-kor-d<'lm). [Law Latin] Hist. A record, esp. \na judicial one. \nrecoupment (ri-koop-m;lnt), n. (17c) 1. The recovery or \nregaining ofsomething, esp. expenses. 2. The withhold\ning, for equitable reasons, of all or part of something \nthat is due. See EQ1;ITABLE RECOUPMENT (1), (2). 3. \nReduction ofa plaintiff's damages because ofa demand \nby the defendant arising out of the same transaction. \nSee EQUITABLE RECOUPMENT (3). Cf. SETOFF (2). [Cases: \nSet-off and Counterclaim (;;=;6.]4. The right ofa defen\ndant to have the plaintiff's claim reduced or eliminated \nbecause ofthe plaintiffs breach of contract or duty in \nthe same transaction. 5. An affirmative defense alleging \nsuch a breach. 6. Archaic. A counterclaim arising out of \nthe same transaction or occurrence as the one on which \nthe original action is based. -In modern practice, the \nrecoupment has been replaced by the compulsory coun\nterclaim. recoup, vb. \n\nrecourse (ree-kors or ri-kors). (14c) 1. The act ofseeking \nhelp or advice. 2. Enforcement of, or a method for \nenforcing, a right. 3. The right of a holder of a nego\ntiable instrument to demand payment from the drawer \nor indorser if the instrument is dishonored. See WITH \nRECOURSE; WITHOUT RECOURSE. 4. The right to repay\nment ofa loan from the borrower's personal assets, not \njust from the collateral that secured the loan. \nrecourse loan. See LOAN. \nrecourse note. See NOTE (1). \nrecover, vb. (14c) 1. To get back or regain in full or in \nequivalence <:the landlord recovered higher operating \ncosts by raising rent>. 2. To obtain by a judgment or \nother legal process <the plaintiff recovered punitive \ndamages in the lawsuit>. 3. To obtain (a judgment) in \none's favor <the plaintiff recovered a judgment against \nthe defendant>. 4. To obtain damages or other relief; \nto succeed in a lawsuit or other legal proceeding <the \ndefendant argued that the plaintiff should not be \nallowed to recover for his own negligence>. \nrecoverable, adj. (14c) Capable of being recovered, esp. \nas a matter oflaw <court costs and attorney's fees are \nrecoverable under the statute>. -recoverability, n. \nrecovered-memory syndrome. See REPRESSED-MEMORY \nSYNDROME. \nrecoveree. Hist. The party against whom a judgment \nis obtained in a common recovery. See COMMON \nRECOVERY. \nrecoveror. Hist. The demandant who obtains a judgment \nin a common recovery. See COMMON RECOVERY. \nrecovery. (15c) 1. The regaining or restoration of some\nthing lost or taken away. 2. The obtainment of a right \nto something (esp. damages) by a judgment or decree. \n3. An amount awarded in or collected from a judgment \nor decree. \ndouble recovery. (1813) L A judgment that erroneously \nawards damages twice for the same loss, based on two \ndifferent theories of recovery. [Cases: Damages \n15.]2. Recovery by a partyofmore than the maximum \nrecoverable loss that the party has sustained. \nrecrimination (ri-krim-i-nay-sh,m), n. 1. Family law. \nArchaic. In a divorce suit, a countercharge that the \ncomplainant has been guilty of an offense constitut\ning a ground for divorce . When both parties to the \nmarriage have committed marital misconduct that \nwould be grounds for divorce, neither may obtain a \nfault divorce. Recriminations are now virtually obsolete \nbecause ofthe prevalence ofno-fault divorce. See COM\nPARATIVE RECTITUDE. Cf. COLLUSION (2); CONNIV\nANCE (2); CONDONATION (2). [Cases: Divorce \n2. Criminal law. An accused person's counteraccusa\ntion against the accuser.  The accusation may be for \nthe same or a different offense. recriminatory, adj. \nrecross-examination. (1869) A second cross-examina\ntion, after redirect examination. -Often shortened to \nrecross. See CROSS-EXAMINATION. [C"}
{"text": "ina\ntion, after redirect examination. -Often shortened to \nrecross. See CROSS-EXAMINATION. [Cases: Witnesses \n(;=291.] recta gubernatio (rek-ta g[y]oo-bar-nay-shee-oh), n. \n[Latin \"right government\"] A government in which the \nhighest power, however strong and unified, is neither \narbitrary nor irresponsible, and derives from a law that \nis superior to itself. Also termed legitima guberna\ntio. \nrectification (rek-ta-fi-kay-shan), n. (18c) 1. A court's \nequitable correction ofa contractual term that is mis\nstated; the judicial alteration of a written contract to \nmake it conform to the true intention of the parties \nwhen, in its original form, it did not reflect this inten\ntion. _ As an equitable remedy, the court alters the \nterms as written so as to express the true intention of \nthe parties. The court might do this when the rent is \nwrongly recorded in a lease or when the area of land \nis incorrectly cited in a deed. [Cases: Reformation of \nInstruments C=> LJ 2. A court's slight modification of \nwords ofa statute as a means of carrying out what the \ncourt is convinced must have been the legislative intent. \n-For example, courts engage in rectification when they \nread and as or or shall as may, as they frequently must \ndo because of unfastidious drafting. See REFORMA\nTION. rectify, vb. \nrectification of boundaries. Hist. An action to deter\nmine or correct the boundaries between two adjoining \npieces ofland. [Cases: Boundaries C=>Z7.] \nrectification of register. Rist. A process by which a \nperson whose name was wrongly entered in or omitted \nfrom a record can compel the recorder to correct the \nerror. \nreetitudo (rek-ta-t[yJoo-doh). [Law Latin] A right or legal \ndue; a tribute or payment. \nrecto de advocatione. See DE RECTO DE ADVOCATIONE. \nrecto de rationabili parte. See DE RECTO DE RATIONABILl \nPARTE. \nrecto patens. See DE RECTO PATENS. \nrector (rek-tdr). 1. Eccles. law. The spiritual head and \npresiding officer of a parish. Also termed parson. \nCf. VICAR. \nimpropriate rector. A lay rector as opposed to a clerical \nrector. \nrector sinecure (sI-nee-kyoor-ee). A rector who does \nnot have the cure of souls. \n2. Roman law, A governor or ruler. \nrector provinciae (pra-vin-shee-ee). A governor of a \nprovince. \nrectum (rek-tam). [Latinl 1. Right. 2. A trial or accusa\ntion. \nrectus (rek-tas). [Latin \"right\"] Rist. (Of a line ofdescent) \nstraight; direct. Cf. OBLIQUUS. \nrectus in curia (rek-t<)s in kyoor-ee-d), adj. [Latin \"right \nin the court\") Hist. Free from charge or offense; com\npetent to appear in court and entitled to the benefit of \nlaw. See LEGALIS HOMO. \n\nrecuperatio (ri-k[y]oo-p;}-ray-shee-oh), n. [Latin \n\"recovery\"] Hist. Judicial restitution ofsomething that \nhas been wrongfully taken or denied. \nrecuperator (ri-k[y]oo-p<l-ray-tor), n. [Latin \"assessor\"] \nRoman law. 1. A member of a mixed body ofcommis\nsioners, appointed by a convention between two states \ntor the purpose of adjusting any claims or disputes \nthat might arise between the members ofthose states. \n2. One of a bank of judges, instead of a single judex, \nappointed to hear civil cases that had a publiC-interest \nelement. PI. recuperatores (ri-k[y]oo-p<l-r<l-tor-eez). \nrecurrent nuisance. See NUISANCE. \nrecusable (ri-kyoo-z;:>-b<ll), adj. (1863) 1. (Of an obliga\ntion) arising from a party's voluntary act and that can \nbe avoided. Cf. IRRECUSABLE. 2. (Of a judge) capable of \nbeing disqualified from sitting on a case. [Cases: Judges \n(;::J39-56.]3. (Of a fact) providing a basis for disquali\nfying a judge from sitting on a case. \nrecusal (ri-kyoo-z<'ll), n. (1949) Removal of oneself \nas judge or policy-maker in a particular matter, esp. \nbecause of a contlict of interest. -Also termed recu\nsation; recusement. Cf. DISQUALIFICATION. [Cases: \nAdministrative Law and Procedure (;::J314; Judges \n(;::J39-56.] \nrecusant (rek-Y<'l-z<lnt or ri-kyoo-z<lnt), adj. (l6c) \nRefusing to submit to an authority or comply with a \ncommand <a recusant witness>. \nrecusant (rek-Y<l-z<'lnt or ri-kyoo-z<'lnt), n. 1. Eccles. law. \nA person (esp. a Roman Catholic) who refuses to attend \nthe services ofthe established Church ofEngland. 2. A \nperson who refuses to submit to an authority or comply \nwith a command. \nrecusatio judicis (reh-kyoo-zay-shee-oh joo-dish-is), \nn. [Latin] Eccles. law. The procedure and grounds by \nwhich a judge may be challenged and removed from \nhearing a case . The grounds for disqualification tra\nditionally include great friendship or enmity with a \nparty, close kinship to a party, acceptance of a bribe, \npreviously giving counsel to a party, or demonstrated \nignorance of the law. A panel ofthree arbiters, chosen \nby the challenging party and the judge, decides whether \nthe party's complaint has merit. \nrecusation (rek-Y<l-zay-sh<ln). 1. Civil law. An objec\ntion, exception, or appeal; esp. an objection alleging a \njudge's prejudice or conflict of interest. [Cases: Judges \n(;::J39-56.J 2. RECUSAL. \nrecuse (ri-kyooz), vb. (16c) 1. To remove (oneself) as \na judge in a particular case because of prejudice or \nconflict of interest <the judge recused himself from \nthe trial>. [Cases: Judges (;::J39-56.] 2. To challenge \nor object to (a judge) as being disqualified from hearing \na case because ofprejudice or a conflict ofinterest <the \ndefendant filed a motion to recuse the trial judge>. \nrecusement. See RECIJSAL. \nredaction (ri-dak-sh<ln), n. (18c) 1. The careful editing \nof a document, esp. to remove confidential references \nor offensive material. [Cases: Criminal Law (,'\":::>663; Federal Civil Procedure (;::J2011; Records (;::J66; Trial \n<>~)39.J 2. A revised or edited document. -redac\ntional, ad}. -redact, vb. \nred-cow case. See WHITEHORSE CASE. \nreddendo (ri-den-doh). Scots law. 1. A clause in a charter \nspecifying a duty, rent, or service due from a vassal \nto a superior. 2. The duty or service specified in this \nclause; feu duty. \nreddendo singulasingulis (ri-den-doh sing-gy<l-l<'l sing\ngy<'l-lis). [Latin \"by rendering each to each\"] Assigning \nor distributing separate things to separate persons, or \nseparate words to separate subjects . This was used \nas a rule of construction deSigned to give effect to the \nintention ofthe parties who drafted the instrument. \nAlso termed referenda singula singulis. \nreddendum (ri-den-d;}m). [Latin \"that must be given \nback or yielded\"] (17c) A clause in a deed by which \nthe grantor reserves some new thing (esp. rent) out of \nwhat had been previously granted. [Cases: Deeds <:;,----::. \n141-143.] \nreddidit se (red-<l-dit see). [Latin \"he has rendered \nhimself\"] Hist. A person who has personally appeared \nin order to discharge bail. \nreddition (ri-dish-<ln). Hist. An acknowledgment in \ncourt that one is not the owner of certain property \nbeing demanded, and that it in fact belongs to the \ndemandant. \nredditus. See REDITUS. \nredeemable bond. See BOND (3). \nredeemable ground rent. See ground rent (1) under RENT \n(1). \nredeemable security. See SECURITY. \nredeemable stock. See STOCK. \nredelivery. (15c) An act or instance of giving back or \nreturning something; restitution. \nredelivery bond. See replevin bond under BOND (2). \nredemise, n. (18e) An act or instance of conveying or \ntransferring back (an estate) already demised. See \nDEMISE. -redemise, vb. \nredemption, n. (l6c) 1. The act or an instance ofreclaim\ning or regaining possession by paying a specific price. \n[Cases: Secured Transactions (;:::;241.] 2. Bankruptcy. \nA debtor's right to repurchase property from a buyer \nwho obtained the property at a forced sale initiated by \na creditor. [Cases: Bankruptcy (;::J3034.] 3. Securities. \nThe reacquisition ofa security by the issuer . Redemp\ntion usu. refers to the repurchase of a bond before \nmaturity, but it may also refer to the repurchase of stock \nand mutual-fund shares. -Also termed (in reference to \nstock) stock redemption; stock repurchase. [Cases: Cor\nporations (;::J68, 376, 468.1.]4. Property. The payment \nof a defaulted mortgage debt by a borrower who does \nnot want to lose the property. -Also termed dismort\ngage. See EQUITY OF REDEMPTION. [Cases: Mortgages \n(;=>591-624.]- redeemable, redemptive, redemp\ntional adj. -redeem, vb. \n\n1391 redlining \nstatutory redemption. (1851) The statutory right of \na defaulting mortgagor to recover property, within \na specified period, after a foreclosure or tax sale, \nby paying the outstanding debt or charges. _ The \npurpose is to protect against the sale of property at a \nprice far less than its value. See REDEMPTION PERIOD. \n[Cases: Mortgages (>592.J \ntax redemption. (1867) A taxpayer's recovery of \nproperty taken for nonpayment oftaxes, accomplished \nby paying the delinquent taxes and any interest, costs, \nand penalties. [Cases: Taxation (>3001,3053.] \nredemption agreement. See STOCK-REDEMPTION AGREE\nMENT. \nredemptioner. A person who redeems; esp. one who \nredeems real property under the equity ofredemption \nor the right ofredemption. See EQUITY OF REDEMPTION; \nSTATUTORY RIGHT OF REDEMPTION. \nredemption period. The statutory period during which \na defaulting mortgagor may recover property after a \nforeclosure or tax sale by paying the outstanding debt \nor charges. [Cases: Mortgages (;=>599; Taxation \n3011.] \nredemption price. See PRICE. \nredemptio operis (ri-demp-shee-oh op-a-ris), n. [Latin \n\"'redemption of work\" JCivil law. A contract in which a \nworker agrees to perform labor or services for a speci\nfied price. Cf. locatio opera rum under LOCATIO. \nredemptor (ri-demp-tar), n. Roman law. A contractor. \nSee CONDUCTOR (1). \nredeundo (ree-dee-;m-doh). [Latin] Returning; in return\ning; while returning. \nredevance (ruu-da-vahns). [French] Hist. Dues payable \nby a tenant to the lord, not necessarily in money. \nred herring. (1884) 1. An irrelevant legal or factual issue, \nusu. intended to distract or mislead <law students \nshould avoid discussing the red herrings that professors \nraise in exams>. 2. See preliminary prospectus under \nPROSPECTUS. \nred-herring prospectus. See preliminary prospectus \nunder PROSPECTUS. \nredhibere (red-hi-beer-ee), vb. [Latin] Civil law. 1. To \nreturn (a defective purchase) to the seller. 2. (Of a seller) \nto take back (a defective purchase). \nredhibition (red-[h]i-bish-an), n. Civil law. The voidance \nofa sale as the result ofan action brought on account of \nsome defect in a thing sold, on grounds that the detect I \nrenders the thing either useless or so imperfect that the \nbuyer would not have originally purchased it. La. Civ. \nCode art. 2531. [Cases: Sales C~::) 119.] redhibitory \n(red-hib-a-tor-ee), adj. \nredhibitory action. See ACTION (4). \nredhibitory defect. Civil law. A fault or imperfection \nin something sold, as a result of which the buyer may \nreturn the item and demand back the purchase price. \nLa. Civ. Code art. 2520. Also termed redhibitory vice. \n[Cases: Sales (;::::-'\" 119.] redimere (ri-dim-a-ree), vb. [Latin] 1. To buy back; \nrepurchase. 2. To obtain the release of by payment; \nransom. \nredirect examination. (1865) A second direct exami\nnation, after cross-examination, the scope ordinarily \nbeing limited to matters covered during cross-exami\nnation. -Often shortened to redirect. -Also termed \n(in England) reexamination. See DIRECT EXAMINATION. \n[Cases: Witnesses (:::::J285.] \nrediscount, n. 1. The act or process ofdiscounting a nego\ntiable instrument"}
{"text": ":J285.] \nrediscount, n. 1. The act or process ofdiscounting a nego\ntiable instrument that has alreadv been discounted, as \nby a bank. 2. (usu. pl.) A negoti~ble instrument that \nhas been discounted a second time. See DISCOUNT. \nrediscount, vb. \nrediscount rate. See INTEREST RATE. \nredisseisin (ree-dis-see-zin), n. (16c) 1. A disseisin by \none who has already dispossessed the same person of \nthe same estate. 2. A writ to recover an estate that has \nbeen dispossessed by redisseisin. -Also spelled redis\nseizin. See DISSEISIN. -redisseise (ree-dis-seez), vb. \nredisseisina. See DE REDISSEISINA. \nredistribution. The act or process ofdistributing some\nthing again or anew <redistribution of wealth>. \nredistrict, vb. To organize into new districts, esp. legis\nlative ones; reapportion. [Cases: States (>27; United \nStates 10.] \nredistricting. See REAPPORTIONMENT. \nreditus (red-a-tas), n. [Latin \"return\"] A revenue or \nreturn; esp. rent. Also spelled redditus. \nreditus albi (al-bI). [Latin \"white return\"] Rent payable \nin silver or other money. \nreditus capitales (kap-a-tay-Ieez). [Latin \"capital \nreturn\"] Chief rent paid by a freeholder to go quit of \nall other services. See QUIT RENT. \nreditus nigri (nig-n). [Latin \"black return\"] Rent \npayable in goods or labor rather than in money. \nreditus quieti (kwl-ee-tI). [Latin \"qUiet return\"] See \nQUIT RENT. \nreditus siccus (sik-as). [Latin \"dry return\"] Rent seck. \nSee rent seck under RENT (2). \nred-light abatement laws. An ordinance or statute \nintended to eliminate and prohibit sex-oriented busi\nnesses, usu. on grounds that they are public nuisances. \n-Brothels were once typically identified by a red light \ndisplayed in a window or in the front yard. \nredlining, n. (1973) 1. Credit discrimination (usu. \nunlawful discrimination) by an institution that refuses \nto provide loans or insurance on properties in areas \nthat are considered to be poor financial risks or to the \npeople who live in those areas. [Cases: Civil Rights c:::=-\", \n1041, 1079; Consumer Credit (>31.]2. The process, \nusu. automated, ofcreating, for an existing document, \nan interim version that shows, through strike-outs and \nother typographical features, all deletions and inser\ntions made in the most recent revision. redline, vb. \n\nredraft 1392 \nredraft, n. (l7c) A second negotiable instrument offered \nby the drawer after the first instrument has been dis\nhonored. -redraft, vb. \nredress (ri-dres or ree-dres), n. (14c) 1. Relief; remedy \n<money damages, as opposed to equitable relief, is the \nonly redress available>. [Cases: Damages 3.] 2. \nA means ofseeking relief or remedy <if the statute of \nlimitations has run, the plaintiff is without redress>. \nredressable, adj. redress (ri-dres), vb. \npenal redress. A form of penal liability requiring full \ncompensation of the injured person as an instru\nment for punishing the offender; compensation paid \nto the injured person for the full value ofthe loss (an \namount that may far exceed the wrongdoer's benefit). \nSee RESTITUTION. \nrestitutionary redress. Money paid to one who has \nbeen injured, the amount being the pecuniary value \nofthe benefit to the wrongdoer. See RESTITUTION. \nred tape. A bureaucratic procedure required to be \nfollowed before official action can be taken; esp. rigid \nadherence to time-consuming rules and regulations; \nexcessive bureaucracy. _ The phrase originally referred \nto the red ribbons that lawyers and government officials \nonce used to tie their papers together. \nredubber. Rist. One who buys stolen cloth and redyes it \nor makes it into something so that the cloth is unrec\nognizable. \nreductio ad absurdum (ri-d~k-shee-oh or ri-d~k-tee-oh \nad ab-s~r-d;}m). [Latin \"reduction to the absurd\"] (18c) \nIn logic, disproof of an argument by showing that it \nleads to a ridiculous conclusion. \nreduction improbation. See IMPROBATION. \nreduction in force. See LAYOFF. \nreduction to practice. Patents. The embodiment of the \nconcept ofan invention, either by physical construction \nand operation or by filing a patent application with a \ndisclosure adequate to teach a person reasonably skilled \nin the art how to make and work the invention without \nundue experimentation. -The date of reduction to \npractice is critical in determining priority between \ninventors competing for a patent on the same inven\ntion. See INVENTION. [Cases: Patents C--::>90(5).] \nactual reduction to practice. The empirical demonstra\ntion that an invention performs its intended purpose \nand is therefore complete for patent purposes; the \nuse of an idea or invention as by testing it -to \nestablish that the idea or invention will perform its \nintended purpose. Brunswick Corp. v. U.S., 34 Fed. \nCl. 532,584 (1995). \nconstructive reduction to practice. The documented \ndemonstration that an invention will perform its \nintended purpose, contained in a patent application \nthat provides enough detail that a person skilled in \nthe art could make and test the invention; the filing of \na patent application for an invention or design. Bruns\nwick Corp. v. U. S., 34 Fed. Cl. 532, 584 (1995). [Cases: \nPatents (;::::J90(5).j vicarious reduction to practice. A doctrine that treats \none party's actual reduction to practice ofan inven\ntion as the opposing (usu. complaining) party's actual \nreduction to practice. -In a two-party interference, \nproofofderivation is usu. sufficient; showing an actual \nreduction to practice is unnecessary. The doctrine is \nmore important in a three-party interference. [Cases: \nPatents <':>90 (5).J \nreenactment rule. (1941) In statutory construction, the \nprinciple that when reenacting a law, the legislature \nimplicitly adopts well-settled judicial or administrative \ninterpretations ofthe law. [Cases: Statutes ~223.5.1 \nreentry, n. (I5c) 1. The act or an instance ofretaking pos\nsession ofland by someone who formerly held the land \nand who reserved the right to retake it when the new \nholder let it go. 2. A landlord's resumption of posses\nsion ofleased premises upon the tenant's default under \nthe lease. See POWER OF TERMINATION reenter, vb. \nreeve (reev). Rist. 1. A ministerial officer of high rank \nhaving local jurisdiction; the chief magistrate of a \nhundred. _ 'the reeve executed process, kept the peace, \nand enforced the law by holding court within the \nhundred. 2. A minor officer serving the Crown at the \nhundred level; a bailiff or deputy-sheriff. 3. An overseer \nofa manor, parish, or the like. -Also spelled reve. \nAlso termed greve. \n\"All the freeholders, unless relieved by special exemption. \n'owed suit' at the hundredmoot, and the reeve of the \nhundred presided over it. In AngloSaxon times. the reeve \nwas an independent offiCial, and the hundredmoot was \nnot a preliminary stage to the shiremoot at all. ... But after \nthe Conquest the hundred assembly, now called a court as \nall the others were. lost its importance very quickly. Pleas \nof land were taken from it, and its criminal jurisdiction \nlimited to one of holding suspects in temporary detention. \nThe reeve of the hundred became the deputy of the sheriff, \nand the chief purpose of holding the hundred court was to \nenable the sheriff to hold his tourn and to permit a 'view of \nfrankpledge,' i.e., an inspection ofthe person who ought to \nbelong to the frankpledge system.\" Max Radin, Handbook \nofAngloAmerican Legal History 17475 (1936). \nborough reeve. Rist. In England, the head ofan unin\ncorporated municipality. \nshire-reeve. The reeve ofa shire. _ The shire-reeve was a \nforerunner of the sheriff. -Also spelled shire-reve. \nAlso termed shire-gerefa. \nreexamination, n. (17c) 1. REDIRECT EXAMINATION <the \nattorney focused on the defendant's alibi during reex\namination>. [Cases: Witnesses C--::>285.] 2. Patents. A \nproceeding by the U.S. Patent and Trademark Office to \ndetermine whether prior art renders one or more claims \nofan already-issued patent invalid; speci, an adminis\ntrative procedure by which a party can seek review ofa \npatent on the basis ofprior art by the PTO <the alleged \ninfringer, hoping to avoid liability, sought reexamina\ntion ofthe patent to narrow its scope>. - A reexamina\ntion may be sought by anyone, even the patentee or an \nanonymous informant, at any time during the life ofa \npatent. Only patents and publications may be consid\nered as prior art. 35 USCA  301-05. [Cases: Patents \n(;::::J 134, 140.] reexamine, vb. \n\n1393 \nex parte reexamination. A reexamination procedure, \ncreated in the early 1980s, that allows a challenger to \ninitiate a review by producing prior art and respond\ning to a patentee's statements regarding the new prior \nart, but that excludes the challenger from further \nparticipation in the examination process. -Ex parte \nreexamination does not employ discovery mecha\nnisms and witnesses are not examined. The chal\nlenger also has no right to participate in an appeaL \nSee 35 USCA  302-07. Cf. inter partes reexamina\ntion. [Cases: Patents C~140.J \ninter partes reexamination. A reexamination pro\ncedure, created in 1999, that allows a challenger to \ninitiate a review by producing prior art, to respond \nto a patentee's statements regarding the new prior \nart, to address the patentee's responses to any office \nactions, and to request a hearing. -Both parties must \nserve each other with documents filed in the proceed\ning, but there is no discovery and witnesses are not \nexamined. Either party may appeal the PTO's final \ndecision on patentability. Inter partes reexamination \nis available to patents that issue from original applica\ntions that were filed on or after November 29, 1999. \nSee 35 USCA  311-318. Cf. ex parte reexamination. \n[Cases: Patents C::o 140.] \nreexamination certificate. Patents. A certificate issued \nby the U.S. Patent and Trademark Office at the conclu\nsion ofa reexamination proceeding, confirming that a \npatent has been reexamined and the claims have been \nfound to be patentable, confirming that claims deter\nmined to be unpatentable have been canceled, or incor\nporating into the patent any amended or new claims \ndetermined to be patentable. 35 USCA  307. [Cases: \nPatents C::o140.] \nreexchange, n. 1. A second or new exchange. 2. The \nprocess of recovering the expenses that resulted from \nthe dishonor ofa bill ofexchange in a foreign country. \n3. The expenses themselves. \nreexecution. (18c) 1he equitable remedy by which a lost \nor destroyed deed or other instrument is replaced. _ \nEquity compels the party or parties to execute a new \ndeed or instrument ifa claimant properly proves a right \nunder one that has been lost or destroyed. [Cases: Lost \nInstruments \nreexport, n. 1. The act of exporting again something \nimported. 2. A good or commodity that is exported \nagain. -reexport, vb. \nreextent. Hist. A second extent made upon complaint \nthat the earlier extent was improper. See EXTENT. \nre.fa.lo. abbr. RECORDARI FACIAS LOQUELAM. \nrefare (ri-fair-ee), vb. [Latin] To bereave; rob: take \naway. \nrefection. Civil law. Repair or restoration, as of a \nbuilding. \nrefer. Parliamentary law. To send (a motion) to a com\nmittee for its consideration or investigation, with a view \nto a report from the committee back to the referring referendum \nbody. -Also termed commit. Cf. RECOMMIT; DIS\nCHARGE (g). \nre-refer. (Ofthe U.S. House of Representatives) to refer \na bill to a different committee from the one it was \noriginally referred to. \nreferee. (17c) 1. A type of master appointed by a court \nto assist with certain proceedings. -In some jurisdic\ntions, referees take testimony before reporting to the \ncourt. See MASTER (2). [Cases: Federal Civil Procedure \n<8=' 1890; Reference C-'J35-77.] 2. See judicial officer \n(3) under OFFICER. \nreferee in bankruptcy. A federal judicial officer who \nadministers bankruptcy proceedings. -Abolished \nby the Bankruptcy Reform Act of 1978, these referees \nwere replaced by bankruptcy judges. Also termed \nregister in bankruptcy. See bankruptcy judge under \nJUDGE. [Cases: Bankruptcy C::02123.J \nreference, n. (16c) 1. The act of sending or directing to \nanother for information, service, consideration, or \ndecision; specif., the act of sending a case to a master \nor referee for information or decision. [Cases: Federal \nCivil Procedure C::o1871; Reference <8=', 1.] \ngeneral reference. (18c"}
{"text": "Federal \nCivil Procedure C::o1871; Reference <8=', 1.] \ngeneral reference. (18c) A court's reference ofa case to \na referee, usu. with all parties' consent, to decide all \nissues offact and law. -The referee's decision stands \nas the judgment of the court. [Cases: Reference \n1.] \nspecial reference. (1831) Acourt's reference ofa case to \na referee for decisions on specific questions offact. \nThe special referee makes findings and reports them \nto the trial judge, who treats them as adVisory only \nand not as binding decisions. [Cases: Reference C::o \n1.] \n2. An order sending a case to a master or referee for \ninformation or decision. [Cases: Federal Civil Proce\ndure ~~1888; Reference C:J 29.J 3. Mention or citation \nof one document or source in another document or \nsource. [Cases: Contracts C::o166.J 4. Patents. Infonna\ntion such as that contained in a publication, another \npatent, or another patent application that a patent \nexaminer considers to be anticipatory prior art or proof \nof unpredictability in the art that forms a basis for one \nor more of an applicant's claims to be rejected. See \nCITATION (4). [Cases: Patents ~-::>57.1.1 refer, vb. \nreference case. See CASE. \nreference committee. See resolutions committee under \nCOMMITTEE. \nreference statute. See STATUTE. \nreferendarius (ref-d-ren-dair-ee-ds), n. [Law Latin] \nRoman law. An officer who received petitions to the \nemperor and who delivered answers to the petitioners. \nSee APOCRISARIUS. \nreferenda singula singulis. See REDDENDO SINGULA \nSINGULIS. \nreferendum. (1847) 1. 1be process of referring a state \nlegislative act, a state constitutional amendment, \nor an important public issue to the people for final \n\n1394 referral \napproval by popular vote. [Cases: Constitutional Law \n<)::>540-574; Statutes <::=341-367.J 2. A vote taken by \nthis method. 3. lnt'llaw. An ambassador's request for \ninstructions on subject matter that the ambassador \ndoes not have sufficient power to address. PI. referen\ndums, referenda. Cf. INITIATIVE; PLEBISCITE. \nreferral. (1927) 'The act or an instance of sending or \ndirecting to another for information, service, consid\neration, or decision <referral of the client to an employ\nment-law specialist> <referral of the question to the \nboard ofdirectors>. \nreferral sales contract. A dual agreement consisting \nofan agreement by the consumer to purchase goods \nor services (usu. at an inflated price) and an agree\nment by the seller to compensate the consumer for \neach customer (or potential customer) referred to the \nseller. Also termed referral sales agreement. Cf. \nPYRAMID SCHEME. [Cases: Antitrust and Trade Regu\nlation (~23L] \n\"The problem inherent in a referral sales contract is the \nproblem inherent in a chain letter -the success of the \narrangement depends on an inexhaustible supply of cus \ntamers. For example, if each buyer submits 25 names and \neach of these 'referrals' becomes a buyer under a similar \nagreement, the completion of the seventh round of refer\nrals requires 6.1 trillion persons .... Both courts and leg\nislatures have acted agai nst referral sales .... The Uniform \nConsumer Credit Code prohibits the use of referral sales \nschemes in which the rebate is conditioned on 'the occur\nrence of an event after the time the consumer agrees to \nbuy or lease.' In other words, a referral scheme keyed to \nthe consumer merely furnishing names is not affected: a \nreferral scheme keyed to the consumer furnishing names \nof people who actually become customers is prohibited.\" \nDavid G. Epstein & Steve H. Nickles, Consumer Law in a \nNutshell 39 (2d ed. 1981). \nrefinancing, n. An exchange of an old debt for a new \ndebt, as by negotiating a different interest rate or term \nor by repaying the existing loan with money acquired \nfrom a new loan. -refinance, vb. \nreformation (reL:lr-may-sh~n), n. (1829) An equitable \nremedy by which a court will modify a written agree\nment to reflect the actual intent of the parties, usu. to \ncorrect fraud or mutual mistake in the writing, such as \nan incomplete property description in a deed . In cases \nof mutual mistake, the actual intended agreement must \nusu. be established by clear and convincing evidence. \nIn cases of fraud, there must be clear evidence of what \nthe agreement would have been but for the fraud. See \nRECTIFICATION. [Cases: Reformation of Instruments \n-reform, vb. \n\"The standard explanation of reformation is that the parties \nhad an actual agreement, and that the writing does not \nreflect that agreement .... If the parties made a mistake \nabout the premises of their agreement, about some fact \nin the world outside their word-processing machines, ref\normation is not a solution. The court cannot reform the \ncontract because it cannot know what the parties would \nhave agreed to but for the mistake.\" Douglas Laycock, \nModern American Remedies 39 (3d ed. 2002). \nreformation condition. See conditional bequest under \nBEQUEST. \nreformative punishment. See PUNISHMENT. reformatory, n. (1834) A penal institution in which \nyoung offenders, esp. minors, are diSciplined and \ntrained or educated. Also termed reform school. \n[Cases: Infants C=271.] \nrefoulement (ri-fowl-mant). [French] Expulsion or \nreturn ofa refugee from one state to another. Cf. NON\nREFOULEMENT. \nrefreshing memory. See PRESENT RECOLLECTION \nREFRESHED. \nrefreshing recollection. See PRESENT RECOLLECTION \nREFRESHED. \nrefugee. A person who flees or is expelled from a \ncountry, esp. because of persecution, and seeks haven \nin another country. Cf. displaced person under PERSON \n(1); EVACUEE. [Cases: Aliens, Immigration, and Citizen\nship C=:>504-543.] \nrefugeeism. The state ofbeing a refugee. \nrefund, n. 1. The return of money to a person who \noverpaid, such as a taxpayer who overestimated tax \nliability or whose employer withheld too much tax from \nearnings. [Cases: Internal Revenue <::='4950; Taxation \n(;:;;>2773, 2. The money returned to a person who \noverpaid. 3. The act of refinancing, esp. by replacing \noutstanding securities with a new issue of securities. \nrefund, vb. \nrefund annuity. See ANNUITY. \nrefunding. See FUNDING (2). \nrefunding bond. See BOND (2). \nre-funding bond. See BOND (3). \nrefusal. (15c) 1. The denial or rejection of something \noffered or demanded <the lawyer's refusal to answer \nquestions was based on the attorney-client privilege>. \n2. An opportunity to accept or reject something before \nit is offered to others; the right or privilege of haVing \nthis opportunity <she promised her friend the first \nrefusal on her house>. See RIGHT OF FIRST REFUSAL \n[Cases: Contracts 16.5; Sales C=24; Vendor and \nPurchaser C=18(.5).] \nrefusal to deal. A company's decision not to do business \nwith another company . A business has the right to \nrefuse to deal only ifit is not accompanied by an illegal \nrestraint oftrade. [Cases: Antitrust and Trade Regula\ntion <::=657.] \nrefusal to pay. See VEXATIOUS DELAY. \nrefus de justice (ruu-foo dJ zhoos-tees). See DENIAL OF \nJUSTICE. \nrefutantia (ref-yoo-tan-shee-<'l), n. [Law Latin] Hist. An \nacquittance or an acknowledgment renouncing all \nfuture claims. \nrefute, vb. (16c) 1. To prove (a statement) to be false. 2. \nTo prove (a person) to be wrong. Cf. REBUT. \nReg. abbr. 1. REGGLATIOK. 2. REGISTER. \nreg, n. (usu. pl.) (1904) Slang. REGULATION (3) <review not \nonly the tax code but also the accompanying regs>. \n\n1395 \nregale episcoporum (ri-gay-Iee <l-pis-b-por-<lm). Eccles. \nlaw. The temporal rights and privileges of a bishop. \nregalem habens dignitatem (ri-gay-l<lm hay-benz dig-ni\ntay-tam). [Law Latin] Hist. Having royal dignity. \nregalia (ri-gay-Iee-<l). 1. Hist. Rights and privileges held \nby the Crown under feudal law . Regalia is a shortened \nform ofjura regalia. \nregalia majora (m<l-jor-<l). [Latin \"greater rights\"] The \nCrown's greater rights; the Crown's dignity, power, \nand royal prerogatives, as distinguished from the \nCrown's rights to revenues. \nregalia minora (mi-nor-<l). [Latin \"lesser rights\") The \nCrown's lesser rights; the Crown's lesser prerogatives \n(such as the rights ofrevenue), as distinguished from \nits royal prerogatives. \n2. Hist. Feudal rights usu. associated with royalty, but \nheld by the nobility. \n\"Counties palatine are so called a palatio; because the \nowners thereof, the earl of Chester, the bishop of Durham, \nand the duke of Lancaster, had in those counties jura \nregalia, as fully as the king hath in his palace ....\" 1 \nWilliam Blackstone, Commentaries on the Laws ofEng/and \n113 (1765). \n3. Emblems of royal authority, such as a crown or \nscepter, given to the monarch at coronation. 4. Loosely, \nfinery or special dress, esp. caps and gowns worn at \nacademic ceremonies. \nregard, n. (l4c) 1. Attention, care, or consideration \n<without regard for the consequences>. 2. Hist. In \nEngland, an official inspection ofa forest to determine \nwhether any trespasses have been committed. 3. Hist. \nThe office or position of a person appointed to make \nsuch an inspection. \nregardant (ri-gahr-d,mt), adj. His/. Attached or annexed \nto a particular manor <a villein regardant>. See \nVILLEIN. \nregarder. An official who inspects a forest to determine \nwhether any trespasses have been committed. -Also \ntermed regarder ofthe forest. \nreg. brev. abbr. REGISTRUM BREVIUM. \nrege inconsulto (ree-jee in-k<ln-s;.ll-toh). [Latin] Hist. A \nwrit issued by a sovereign directing one or more judges \nnot to proceed, until advised to do so, in a case that \nmight prejudice the Crown. \nregency. 1. The office or jurisdiction ofa regent or body \nof regents. 2. A government or authority by regents. 3. \nThe period during which a regent or body of regents \ngoverns. \nregent. 1. A person who exercises the ruling power in a \nkingdom during the minority, absence, or other dis\nability of the sovereign. 2. A governor or ruler. 3. A \nmember of the governing board of an academic insti\ntution, esp. a state university. 4. Eccles. law. A master \nor professor ofa college. \nReg. FD. See REGULATION PAIR DISCLOSURE. \nreg. gen. abbr. REGULA GENERALIS. register \nRegiam Majestatem (ree-jee-<lm maj-a-stay-t;}m). [Latin \n\"the (books of the) Royal Majesty\"] Scots law. An \nancient collection of Scottish laws, so called from its \nopening words . The four-book collection is generally \nbelieved to be genuine, although its origins are Widely \ndisputed. It was partly copied from Glanville's treatise \nDe Legibus et Consuetudinibus A.ngliae, as appears from \nthe works' similarities and the fact that the Glanville \ntreatise opens with the words Regiam potestatem. It was \nat one time believed to have been compiled by David I, \nbut this supposition is unfounded. Still others believed \nthat Edward I was responsible for the compilation as \npart of his efforts to take over Scotland and assimi\nlate the laws ofthat country and England, but modern \nscholars reject this view. It was probably compiled by \nan unknown cleric shortly before 1320. \nregicide (rej-<l-sId). 1. The killing or murder of a king. \n2. One who kills or murders a king, esp. to whom one \nis subject. regiddal, adj. \nregime (r;}-zheem or ray-zheern). (18c) 1. A system of \nrules, regulations, or government <the community\nproperty regime>. 2. A particular administration or \ngovernment, esp. an authoritarian one. -Also spelled \nregime. \ninternational regime. A set of norms of behavior and \nrules and policies that cover international issues and \nthat facilitate substantive or procedural arrangements \namong countries. \nlegal regime. A set of rules, policies, and norms of \nbehavior that cover any legal issue and that facilitate \nsubstantive or procedural arrangements for deciding \nthat issue. \nregime dotal (ray~zheem doh-tahl). Hist. Civil law. \nThe right and power of a husband to administer his \nwife's dotal property, the property being returned to \nthe wife when the marriage is dissolved by death or \ndivorce. See dotal property under PROPERTY. \nregime en communaute (ray-zheem on koh~moo-noh\ntay or kom-yoo-). Hist. Civil law. The community of \nproperty between husband and wife arising auto\nmatically upon their marriage, unless excluded by \nmarriage contract. \nregina (d-jI-n<l). (usu. cap.) 1. A queen. 2. The official \ntitle of a queen. 3. In a monarchy ruled by a queen, the "}
{"text": "1. A queen. 2. The official \ntitle of a queen. 3. In a monarchy ruled by a queen, the \nprosecution side in criminal proceedings. Abbr. R. \nCf. REX. \nregia assensu (ree-jee-oh ;}-sen-s[y]oo). [Latin] Eccles. \nlaw. A writ by which a sovereign assents to the election \nofa bishop. \nregional fund. See MUTUAL FUND. \nregional securities exchange. See SECURITIES EX\nCHANGE. \nregional stock exchange. See regional securities exchange \nunder SECURITIES EXCHANGE. \nregister, n. (I6c) 1. A governmental officer who keeps \nofficial records <each county employs a register of \n\n1396 register \ndeeds and wills>. Cf. REGISTRAR. [Cases: Registers of \nDeeds (;:::::>1.] \nprobate register. (1887) One who serves as the clerk of \na probate court and, in some jurisdictions, as a quasi\njudicial officer in probating estates. \nregister ofdeeds. (I8c) A public official who records \ndeeds, mortgages, and other instruments affect\ning real property. -Also termed registrar ofdeeds; \nrecorder ofdeeds. [Cases: Registers of Deeds (;:::::> 1.] \nregister ofland office. Hist. A federal officer appointed \nfor each federal land district to take charge ofthe local \nrecords and to administer the sale, preemption, or \nother disposition of public lands within the district. \n[Cases: Public Lands (;:::::>95.] \nregister of wills. (I8c) A public official who records \nprobated wills, issues letters testamentary and letters \nofadministration, and serves generally as clerk ofthe \nprobate court. _ The register ofwills exists only in \nsome states. [Cases: Executors and Administrators \n2. See probate judge under JUDGE. 3. A book in which \nall docket entries are kept for the various cases pending \nin a court. Also termed (in sense 3) register ofactions. \n4. Eccles. law. A record book ofsignificant events occur\nring in a parish, including marriages, births, chris\ntenings, and burials. -Registers became required in \nEngland around 1530. -Abbr. Reg. \nregister, vb. (l4c) 1. To enter in a public registry <register \na new car>. [Cases: Records (;:::::>9.] 2. To enroll formally \n<five voters registered yesterday>. [Cases: Elections (;:::::> \n95-119.J 3. To make a record of <counsel registered \nthree objections>. 4. (Of a lawyer, party, or witness) \nto check in with the clerk of court before a judicial \nproceeding <please register at the clerk's office before \nentering the courtroom>. 5. To file (a new security \nissue) with the Securities and Exchange Commission or \na similar state agency <the company hopes to register \nits securities before the end ofthe year>. [Cases: Securi\nties Regulation (;:::::> 11.10-11.50.] \nregistered agent. See AGENT (2). \nregistered bond. 1. See BOND (2). 2. See BOND (3). \nregistered broker. See BROKER. \nregistered check. See CHECK. \nregistered corporation. See CORPORATION. \nregistered dealer. See DEALER. \nregistered mail. See MAIL. \nregistered mark. See registered trademark under TRADE\nMARK. \nregistered offering. See OFFERING. \nregistered organization. An organization created under \nstate or federal law, for which the state or federal gov\nernment must maintain a public record showing \nthat the organization has been duly organized. UCC \n 9-1D2(a)(47). registered patent agent. See patent agent under AGENT \n(2). \nregistered public offering. See registered offering under \nOFFERING. \nregistered representative. See REPRESENTA TIVB. \nregistered security. See SECURITY. \nregistered stock. See registered security under \nSECURITY. \nregistered tonnage. See REGISTER TONNAGE. \nregistered trademark. See TRADEMARK. \nregistered voter. See VOTER. \nregister in bankruptcy. See referee in bankruptcy under \nREFEREE. \nregister ofactions. See REGISTER (3). \nRegister of Copyrights. The federal official who is in \ncharge of the U.S. Copyright Office, which issues \nregulations and processes applications for copyright \nregistration. -Also termed (erroneously) Registrar \nof Copyrights. [Cases: Copyrights and Intellectual \nProperty (;:::::>50.30.] \nregister of deeds. See REGISTER (1). \nregister ofland office. See REGISTER (1). \nregister of ships. Maritime law. A record kept by a \ncustoms collector containing the names and owners \nof commercial vessels and other key information \nabout the vessels. _ When a ship logs in with customs, \nit receives a certificate of registry. Cf. REGISTRY (2). \n[Cases: Shipping \nRegister ofthe Treasury. An officer ofthe U.S. Treasury \nwhose duty is to keep accounts of receipts and expen\nditures of public money, to record public debts, to \npreserve adjusted accounts with vouchers and certifi\ncates, to record warrants drawn on the Treasury, to sign \nand issue government securities, and to supervise the \nregistry ofvessels under federallaw. 31 USCA  161. \nregister ofwills. See REGISTER (1). \nregister'S court. See COURT. \nregister tonnage. The volume of a vessel available for \ncommercial use, officially measured and entered in a \nrecord for purposes of taxation. -Also termed regis\ntered tonnage. \nregistrant. (1890) One who registers; esp., one who reg\nisters something for the purpose ofsecuring a right or \nprivilege granted by law upon official registration. \nregistrar. (l7c) A person who keeps official records; esp., \na school official who maintains academic and enroll\nment records. Cf. REGISTER (1). \nregistrarii liber (rej-d-strair-ee-I h-b..r). [LatinJ Hist. The \nregister's book in chancery, containing all decrees. -\nAbbr. reg. lib. \nregistrarius (rej-;:J-strair-ee-;:Js). [Latin] Hist. A registrar \nor register; a notary. \nRegistrar of Copyrights. See REGISTER OF COPY\nRIGHTS. \n\n1397 \nregistrar of deeds. See register ofdeeds under REGISTER \n(1). \nregistration, n. 1. The act of recording or enrolling <the \ncounty clerk handles registration of voters>. [Cases: \nElections C=>95-119.] \ncriminal registration. The requirement in some com\nmunities that any felon who spends any time in \nthe community must register his or her name with \nthe police. Since the late 19805, many states have \nadopted strict registration laws for convicted sex \noffenders. See MEGAN'S LAW. [Cases: Criminal Law \nC=> 1222.1; Mental Health C=>469.] \nspecial registration. Voter registration for a particular \nelection only. \n2. Securities. The complete process ofpreparing to sell \na newly issued security to the public <the security is \ncurrently in registration>. [Cases: Securities Regulation \n11.10-11.50.] register, vb. \nshelfregistration. Registration with the SEC ofsecuri\nties to be sold over time, the purpose being to avoid \nthe delays and market uncertainties of individual \nregistration. \n\"It is generally contemplated that the entire allotment of \nsecurities covered by a registered offering will be made \navailable for purchase on the effective date. This is not \nalways the case, however. For example, insiders, promot\ners or underwriters might receive securities directly from \nthe issuer with an intent to resell at a later date.... [IJ \nt may be desirable to get a debt offering all ready to go \nbut wait for a propitious moment to release it. These and \nother delayed offerings have led to what is known as shelf \nregistration. In a shelf registration the registration state\nment is filed but the securities are put on the shelf until the \nmanner and date of the offering are determined.\" Thomas \nLee Hazen, The Law of Securities Regulation  3.8, at 119 \n(2d ed. 1994). \nregistration and community-notification law. See \nMEGAN'S LAW. \nregistration-based quorum. See QUORUM. \nregistration rights. Securities. A securities owner's enti\ntlement to have the securities registered for public sale \nor to participate in a public sale or resale of securities \nby the issuer or by another securities owner. \ndemand registration rights. A securities holder's right \nto force the issuing company to register all or part of \nthe securities so that the holder can resell them. \npiggyback registration rights. A securities holder's \noption to require the issuing company to include all \nor part of the holder's securities in a registration of \nother securities ofthe same class when a third party, \nsuch as a lender, requests the registration. \nregistration statement. A document containing detailed \ninformation required by the SEC for the public sale \nof corporate securities . The statement includes the \nprospectus to be supplied to prospective buyers. See \nPROSPECTUS. [Cases: Securities Regulation C:::;25.10\n25.35.J \nregistration system. Patents. A patent system in which \nan invention is given patent protection when it is regula \nregistered, without being subjected to official exami\nnation. The United States operated under a registra\ntion system from 1790 until 1793. Cf. EXAMINATION \nSYSTEM. \nregistrum brevium (ri-jis-trdm bree-vee-dm). [Latin) \nHist. The register of writs. Abbr. reg. brev. \nregistrum judicale (ri-jis-trdm joo-di-kay-Iee). [Latin] \nHist. The register of judicial writs. Abbe. reg. judo \nregistrum originale (ri-jis-tr<lm d-rij-<l-nay-lee). [Latin] \nHist. The register oforiginal writs. -Abbr. reg. orig. \nregistry. 1. See probate judge under jeDGE. 2. REGISTER \n(2). 3. Maritime law. The list or record ofships subject to \na particular country's maritime regulations . A ship is \nlisted under the nationality of the flag it flies. See CER\nTIFICATE OF REGISTRY. Cf. REGISTER OF SHIPS; enroll\nment ofvessels under ENROLLMENT. [Cases: Shipping \nC=>5.] \nreg.jud. abbr. REGISTRUM JUDICALE. \nreg. lib. abbr. REGISTRARII LIBER. \nregnal (reg-n<ll), adj. Ofor relating to a monarch's reign \n<the regnal years of Henry II are 1154-1159>. \nregnal year. A year of a monarch's reign, marked from \nthe date or anniversary of the monarch's accession . \nBefore 1962, British statutes were cited by the regnal \nyears in which they were enacted. Since 1962, British \nstatutes have been cited by calendar year rather than \nregnal year. (A table of British regnal years is listed in \nAppendix F ofthis book.) \nregnant (reg-ndnt), adj. Exercising rule, authority, or \ninfluence; reigning <a queen regnant>. \nreg. orig. abbr. REGISTRUM ORIGINALE. \nreg. pl. abbr. REGULA PLACITANDI. \nregrant, n. The act or an instance of granting some\nthing again; the renewal of a grant (as ofproperty). \nregrant, vb. \nregrating, n. Hist. 1. The purchase ofmarket commodi\nties (esp. necessary provisions) for the purpose of \nreselling them in or near the same market at a higher \nprice. 2. The resale of commodities so purchased. In \nEngland, regrating was a criminal offense. regrater, \nn.-regrate, vb. \n\"Regrating is described by [5 & 6 Edw. 6, ch. 14] to be the \nbuying of corn, or other dead Victual, in any market, and \nselling them again in the same market, or within four miles \nof the place. For this also enhances the price of the provi\nsions, as every successive seller must have a successive \nprofit.\" 4 William Blackstone, Commentaries on the Laws \nof England 158 (1769). \nregress, n. (14c) 1. The act or an instance of going or \ncoming back; return or reentry <free entry, egress, and \nregress>. 2. The right or liberty of going back; reentry. \nCf. EGRESS; INGRESS. 3. Hist. The right to repayment or \ncompensation; recourse. -regress (ri-gres), vb. \nregressive tax. See TAX. \nregula (reg-Yd-Id). [Latin] A rule. \n\n1398 regula Catoniana \nregula generalis (reg-ya-l;~ jen-a-ray-lis). [Latin] A \ngeneral rule, esp. of a court. -Abbr. reg. gen.; r.g. PI. \nregulae generales. \nregula placitandi (reg-ya-la plas-a-tan-dI). [Latin] \nHist. A rule of pleading. -Abbr. reg. pl. \nregula regulans (reg-ya-la reg-y;l-lanz). [Law Latin] \nHist. The governing rule. \nregula Catoniana (reg-ya-la kay-toh-nee-ay-na or \nka-toh-). [Latin \"rule attributed to Cato\"] Roman law. \nThe principle that the lapse oftime does not cure some\nthing void at the outset.  This principle, named for \nthe Roman legal scholar Cato, was ordinarily used to \nset aside a bequest when the testator did not have the \ncapacity to make the bequest.- Also termed Catoni\nana regula. \nregular army. See ARMY. \nregular course ofbusiness. See COURSE OF BUSINESS. \nregular election. See general election (1) under ELECTION \n(3). \nregular income. See INCOME. \nregular life policy. See life policy under INSUR"}
{"text": "under ELECTION \n(3). \nregular income. See INCOME. \nregular life policy. See life policy under INSURANCE \nPOLlCY. \nregular meeting. See MEETING. \nregular process. See PROCESS. \nregular session. See SESSION (1). \nregular term. See TERM (5). \nregular use. See USE (1). \nregulation, n. (l7c) l. The act or process ofcontrolling by \nrule or restriction <the federal regulation ofthe airline \nindustry>. \nself-regulation. The process by which an identifiable \ngroup of people, such as licensed lawyers, govern or \ndirect their own activities by rules; specif., an orga\nnization's or industry's control, oversight, or direc\ntion of itself according to rules and standards that it \nestablishes. Self-regulation is often subject to the \noversight of various governmental agencies, such as \nthe Securities Exchange Commission and the Com\nmodities Futures Trading Commission. \n2. BYLAW (1) <the CEO referred to the corporate regula\ntion>. 3. A rule or order, having legal force, usu. issued \nby an administrative agency <Treasury regulations \nexplain and interpret the Internal Revenue Code>. \nAbbr. (usu. cap.) reg. Also termed (in sense 3) agency \nregulation; subordinate legislation; delegated legislation. \nSee MERIT REGULATION. [Cases: Administrative Law \nand Procedure regulatory, regulable, \nadj. -regulate, vb. \nproposed regulation. A draft administrative regula\ntion that is circulated among interested parties for \ncomment. Abbr. prop. reg. [Cases: Administrative \nLaw and Procedure (;::-:>392.] \nRegulation A. An SEC regulation that exempts stock \nofferings of up to $5 million from certain registration requirements. [Cases: Securities Regulation \nIS.1S.J \nRegulation D. An SEC regulation that exempts certain \nstock offerings (such as those offered by private sale) \nfrom registration under the Securities Act of 1933. \n[Cases: Securities Regulation 18.11.] \nRegulation Fair Disclosure. An October 2000 SEC rule \nrequiring companies to disclose material information \nto all investors at the same time. The regulation is \nintended to prevent some investors from receiving \nadvance information about earnings, mergers and \nacquisitions, product discoveries, changes in auditors, \nand any other information that a reasonable investor \nwould consider in making an investment decision. \nOften shortened to Regulation FD; Reg. FD. \nRegulation PD. See REGULATION FAIR DISCLOSURE. \nRegulation J. A Federal Reserve Board regulation that \ngoverns the collection of checks by and the transfer \nof funds through member banks. [Cases: Banks and \nBanking C=IS8.5, 356.] \nRegulation Q. A Federal Reserve Board regulation that \nsets interest-rate ceilings and regulates advertising of \ninterest on savings accounts . The Banking Act of \n1933 is the basis ofthis regulation, which applies to all \ncommercial banks. [Cases: Banks and Banking \n132,359.] \nRegulation T. A Federal Reserve Board regulation that \nlimits the amount ofcredit that a securities broker or \ndealer may extend to a customer, and that sets initial \nmargin requirements and payment rules for securities \ntransactions . The credit limit and margin rules usu. \nrequire the customer to provide between 40 and 60% of \nthe purchase price. [Cases: Securities Regulation \n45.11.] \nRegulation U. A Federal Reserve Board regulation that \nlimits the amount of credit that a bank may extend to \na customer who buys or carries securities on margin. \nSecurities Regulation C=45.26.] \nRegulation X. A HUD regulation that implements the \nprovisions of the Real Estate Settlement Procedures \nAct. See REAL ESTATE SETTLEMENT PROCEDURES ACT. \n[Cases: Consumer Credit C:::>50.] \nRegulation Z. A Federal Reserve Board regulation that \nimplements the provisions of the federal Consumer \nCredit Protection Act for member banks. See CONSUMER \nCREDIT PROTECTION ACT. [Cases: Consumer Credit \n32,50,51.] \nregulatory agency. See AGENCY (3). \nregulatory offense. See OFFENSE (1). \nregulatory-out clause. See FERC-OUT CLAUSE. \nregulatory search. See administrative search under \nSEARCH. \nrehabere facias seisinam. See HABERE FACIAS SEISINAM. \nrehabilitation, n. (1940) 1. Criminal law. The process of \nseeking to improve a criminal's character and outlook \nso that he or she can function in society without \n\n1399 \ncommitting other crimes <rehabilitation is a tradi\ntional theory of criminal punishment, along with \ndeterrence and retribution>. Cf. DETERRE~CE; RETRI\nBUTION (1). [Cases: Sentencing and Punishment \n45.] 2. Evidence. The restoration ofa witness's credibil\nity after the witness has been impeached <the inconsis\ntencies were explained away during the prosecution's \nrehabilitation of the witness>. [Cases: Witnesses \n410-416.] 3. Bankruptcy. The process of reorganizing \na debtor's financial affairs -under Chapter 11, 12, or \n13 of the Bankruptcy Code -so that the debtor may \ncontinue to exist as a financial entity, with creditors sat\nisfying their claims from the debtor's future earnings \n<the corporation's rehabilitation was successful>. \nAlso termed debtor rehabilitation. Cf. LIQUIDATION (4). \n[Cases: Bankruptcy(:=::: 3501,3671, 3701.] rehabilita\ntive, ad). -rehabilitate, vb. \nrehabilitative alimony. See ALIMOKY. \nrehearing. (I7c) A court's second or subsequent hearing \nofa case, a motion, or an appeal, usu. to consider an \nalleged error or omission in the court's judgment or \nopinion <the appellant, dissatisfied with the appellate \ncourt's ruling, filed a motion for rehearing>. -Abbr. \nreh'g. Cf. REARGUMENT. [Cases: Administrative Law \nand Procedure (:=::::480; Appeal and Error (:=:::829; \nCriminal Law (;::::: 1133; Federal Civil Procedure (:=::: \n928; Federal Courts (;:~744; Motions (:=:::39.J \nreh'g. abbr, REHEARING. \nrei (ree-I), pl. REUS, \nreif (reef). Scots law. Robbery, \nreification (ree-a-fi-kay-sh.m), n. (1846) 1. Mental con\nversion of an abstract concept into a material thing. \n2. Civil procedure. Identification ofthe disputed thing \nin a nonpersonal action and attribution of an in-state \nsitus to it for jurisdictional purposes. 3. Commercial \nlaw. Embodiment of a right to payment in a writing \n(such as a negotiable instrument) so that a transfer of \nthe writing also transfers the right. reify (ree-i\"l-fr \nor ray-), vb. \nrei interitus (ree-I in-ter-a-tas). [Latin] Hist.The destruc\ntion of a thing. \nrei interventus (ree-l in-ti\"lr-ven-ti\"ls), n. [Latin \"things \nintervening\"] Actions or efforts by one party to a \ncontract with the consent ofthe other party, so that \nthe one party has made a partial performance and the \nother cannot repudiate without being in breach. \nreimbursement, n. 1. Repayment. 2. Indemnification. \nreimburse, vb, \nreimbursement alimony. See ALIMONY. \nre infecta (ree in-fek-ti\"l). [Latin] Hist. The thing not \nhaving been done; the performance having failed. \nreinscription, n, Civil law. A second or renewed recor\ndation of a mortgage or other title document. [Cases: \nMortgages <:-~'96.] -reinscribe, vb. \nreinstate, vb. To place again in a former state or position; \nto restore <the judge reinstated the judgment that had \nbeen vacated>. reinstatement, n. reinsured \nreinsurance. Insurance ofall or part ofone insurer's risk \nby a second insurer, who accepts the risk in exchange \nfor a percentage of the original premium, -Also \ntermed reassurance. [Cases: Insurance (::::::>3593.] \n'The term 'reinsurance' has been used by courts, attor \nneys, and textwriters with so little discrimination that \nmuch confusion has arisen as to what that term actually \nconnotes. Thus, it has so often been used in connection \nwith transferred risks, assumed risks, consolidations and \nmergers, excess insurance, and in other connections that \nit now lacks a cleancut field of operation. Reinsurance, to \nan insurance lawyer, means one thing only the ceding \nby one insurance company to another of all or a portion of \nits risks for a stipulated portion of the premium, in which \nthe liability of the reinsurer is solely to the reinsured, which \nis the ceding company, and in which contract the ceding \ncompany retains all contact with the original insured, and \nhandles all matters prior to and subsequent to loss,\" 13A \nJohn Alan Appleman &Jean Appleman, Insurance Law and \nPractice  7681, at 479-80 (1976). \n\"The laying off of risk by means of reinsurance traditionally \nserves three basic purposes, First, reinsurance can increase \nthe capacity of the insurer to accept risk. The insurer may \nbe enabled to take on larger individual risks, or a large \nnumber of smaller risks, or a combination of both.... \nSecondly, reinsurance can promote financial stability by \nameliorating the adverse consequences of an unexpected \naccumulation of losses or of single catastrophic losses, \nbecause these will, at least in part, be absorbed by rein \nsurers. Thirdly, reinsurance can strengthen the solvency \nof an insurer from the point of view of any regulations \nunder which the insurer must operate which provide for a \nminimum 'solvency margin,' generally expressed as a ratio \nof net premium income over capital and free reserves.\" \nP.T. O'Neill & J.w. Woloniecki, The Law of Reinsurance in \nEngland and Bermuda 4 (1998), \nexcess reinsurance. Reinsurance in which a reinsurer \nassumes liability only for an amount ofinsurance that \nexceeds a specified sum. See excess insurance under \nINSURANCE. \nfacultative reinsurance. Reinsurance of an individ\nual risk at the option (the \"faculty\") ofthe reinsurer. \n[Cases: Insurance (:=:::')3593.J \nflat reinsurance. Reinsurance (esp. of marine insur\nance) that cannot be canceled or modified. \ntreaty reinsurance. Reinsurance under a broad agree\nment of all risks in a given class as soon as they are \ninsured by the direct insurer. [Cases: Insurance (';=) \n3593.J \nreinsurance treaty. A contract ofreinsurance (usu.long\nterm) covering different classes or lines of business of \nthe reinsured (such as professional liability, property, \netc.) and obligating the reinsurer in advance to accept \nthe cession ofcovered risks . Rather than receive indi\nvidual notice of each specific claim covered, the treaty \nreinsurer will generally receive periodic reports provid\ning basic information on the losses paid. -Also termed \ntreaty ofreinsurance, See BORDEREAU. Cf. FACULTATIVE \nCERTIFICATE. [Cases: Insurance (;=:>3593.J \nreinsured, n. An insurer that transfers all or part ofa risk \nit underwrites to a reinsurer, usu. along with a percent\nage of the original premium. -Also termed cedent; \ncedant. [Cases: Insurance (;::=::7' 3593.] \n\n1400 reinsurer \nreinsurer. An insurer that assumes all or part of a risk \nunderwritten by another insurer, usu. in exchange for \na percentage of the original premium. [Cases: Insur\nance (;::>3593.] \nreinvested dividend. See DIVIDEND. \nreinvestment. L The addition of interest earned on a \nmonetary investment to the principal sum. 2. A second, \nadditional, or repeated investment; esp., the application \nofdividends or other distributions toward the purchase \nofadditional shares (as ofa stock or a mutual fund). \nreissuable error. Patents. A type of nondeceptive mistake \nin a patent that may be corrected in a reissue patent. 35 \nUSC A  252. [Cases: Patents \nreissuable note. See NOTE (1). \nreissne. 1. An abstractor's certificate attesting to the \ncorrectness ofan abstract. - A reissue is an important \nprecaution when the abstract comprises an original \nabstract brought down to a certain date and then several \nlater continuations or extensions. [Cases: Abstracts of \nTitle 2. See reissue patent under PATENT (3). \nreissue patent. See PATENT (3). \nrei suae providus (ree-I s[y]oo-ee prJ-vI-dJs). [Latin] \nHist. Careful ofone's property. \n\"Interdiction, whether voluntary or judicial, can only be \nrecalled or removed by an interlocutor of Court, and it \naffords a good ground on which to apply for the removal \nof the restraint imposed by interdiction that the interdicted \nhas become rei suae providus.\" John Trayner, Trayner's \nLatin Maxims 546-47 (4th ed. 1894). \nREIT (reet). abbr. REAL-ESTATE INVESTMENT TRUST. \nreject, assume or. See ASSUME OR REJECT. \nrejecting, n. A parent's or caregiver's pattern ofrefusing \nto acknowledge a child's worth or legitimate needs. Cf. \nISOLATING; IG:.!ORI:.!G. \nrejection. (16c) L A refusal to accept a contractual \noffer. [Cases: Contracts ~21.12. A refusal to accept \ntendered goods as contractual performance. _ Under \nthe UCC, a buyer"}
{"text": ".12. A refusal to accept \ntendered goods as contractual performance. _ Under \nthe UCC, a buyer's rejection of nonconforming goods \nmU$t be made within a reasonable time after tender or \ndelivery, and notice of the rejection must be given to \nthe seller. [Cases: Sales C=>168(4),179(6).] Cf. REPUDIA\nTION (2); RESCISSION; REVOCATION (1). 3. Parliamen\ntary law. Failure of adoption or ratification. See LOST \n(3).4. Patents. A patent examiner's finding in an office \naction that a claim in an application is unpatentable. \nCf. OBJECTION (4); RESTRICTION (4). [Cases: Patents C:::;, , \n108.) reject, vb. \naggregation rejection. Rejection ofa patent claim on \nthe ground that it is a list of unrelated elements that, \ntaken together, do not assert a claim. [Cases: Patents \nalternativeness rejection. Rejection of a patent claim \non the ground that it seeks a broad monopoly on the \ninvention as disclosed and on other unspecified varia\ntions. -For example, a claim using a phrase such as \n\"and similar materials\" would probably be too broad \nto be allowed. [Cases: Patents C=>124.] duplicate-claiming rejection. The nonart rejection of \na patent claim because it is not substantially different \nfrom another claim. \nexhausted-combination rejection. See old-combina\ntion rejection. \nfailure-to-disclose-best-mode rejection. Rejection ofa \npatent application on the ground that the inventor has \nnot disclosed the best way to use the invention. -To \nwarrant rejection, the examiner must find deliberate \nconcealment or a description so poorly drafted as to \namount to concealment. [Cases: Patents \nfinal rejection. A patent examiner's finding, in a second \nor subsequent office action, that a claim in an applica\ntion is unpatentable on the merits. - A final rejection \nis made in the final office action. Despite the mislead\ning name, a final rejection need not end the prosecu\ntion. The rejection can be appealed, or the application \ncan be reexamined or continued in another applica\ntion. A rejection may also be appealed to the Board of \nPatent Appeals and Interferences. A decision of that \nBoard may be reviewed by the U.S. District Court \nfor the District of Columbia or appealed to the U.S. \nCourt of Appeals for the Federal Circuit. 35 USCA \n 141-45. [Cases: Patents C=> 108.) \nformal rejection. Rejection of a patent claim because \nof an error in format rather than substance. _ A \nformal rejection is actually an objection rather than \na rejection, since it requires no substantive change in \nthe claim. Also termed nonart rejection. [Cases: \nPatents 104.] \nfunctional rejection. Rejection ofa patent claim on the \ngrounds that it broadly claims a function but does not \ndisclose enough structure to account for achieving \nthat function. Cf. FUNCTIONAL LIMITATION. [Cases: \nPatents 101(8).] \ninaccuracy rejection. Rejection ofa patent claim on the \nground that it is not consistent with the description. \nincompleteness rejection. Rejection ofa patent applica\ntion on the ground that an element ofthe device or a \nstep in the process has been left out. \ninterference-estoppel rejection. Rejection of a patent \nclaim on the ground that the applicant failed to bring \nthe claim into a previous interference contest where \nits priority could have been determined. [Cases: \nPatents ~112.4.] \njudicially-created-double-patenting rejection. Rejec\ntion of a patent application on the ground that the \ninvention is an obvious variation ofanother patented \ninvention by the same inventor. -Also termed \nobViousness-type double-patenting rejection. [Cases: \nPatents (;:::' 120.J \nlack-of-antecedent-basis rejection. Rejection of a \npatent application on the ground that a reference \neither in the specification or in the claim is missing. \nlack-of-enablement rejection. See nonenablement \nrejection. \n\n1401 \nlack-of-utility rejection. Rejection ofa patent claim on \nthe ground that the invention is inoperative, frivolous, \nfraudulent, or against the public interest.  The classic \nexamples are perpetual-motion machines (inopera\ntive), cures for the common cold (frivolous because \nbelieved impossible, and also probably fraudulent), \nand gambling devices (formerly seen as against the \npublic interest). [Cases: Patents (;::::46.) \nnew-matter rejection. Rejection of a patent claim on \nthe ground that an amendment contains new matter. \n[Cases: Patents (;:::: 109.] \nnonart rejection. Seeformal rejection. \nnonenablement rejection. Rejection ofa patent appli\ncation claim on the ground that its specification does \nnot teach enough to enable a person skilled in the art \nto make and use the invention. -Also termed lack\nof-enablement rejection. [Cases: Patents (;::::99.J \nobviousness-type double-patenting rejection. See judi\ncially created double-patenting rejection. \nold-combination rejection. Rejection ofa patent claim \non the ground that, despite the fact that one or more \nelements perform in a different way, all the elements \nperform the same function as a previously patented \ninvention. The improved element may be patent\nable, but the combination may not be. Also termed \nexhausted-combination rejection. [Cases: Patents \n26(1.1).] \nprolixity rejection. Rejection ofa patent application on \nthe ground that the language is so wordy and tedious \nthat it tends more to hide than to disclose the inven\ntion. \nrejection on issues ofinterference. Rejection of a patent \nclaim on the ground that the applicant has lost a final \njudgment of priority regarding the claim in an inter\nference contest. [Cases: Patents <~=J112.4.] \nsame-invention double patenting rejection. See statu\ntory double patenting rejection. \nSection 101 rejection. Rejection of a patent application \non the ground that it is based on nonstatutory subject \nmatter. 35 USCA  101. \nSection 102 rejection. Rejection of a patent application \nfor lack of novelty. 35 USCA  102. [Cases: Patents \nSection 103 rejection. Rejection of a patent applica\ntion for obviousness. 35 USCA  103. [Cases: Patents \n16.1.] \nSection 112 rejection. See vague-and-indefinite rejec\ntion. \nshotgun rejection. Slang. Denial of all or almost all \nclaims in a patent application by the U.S. Patent and \nTrademark Office, esp. in the first office action. \nstatutory double patenting rejection. Rejection of a \npatent application on the ground that the invention is \nthe same subject matter as an already-patented inven\ntion by the same inventor . This rejection is based on relationship \n35 USCA  101. -Also termed same-invention double \npatenting rejection. [Cases: Patents (;:::: 120.] \nundue-breadth rejection. Rejection of a patent claim \non the ground that it seeks a patent monopoly on \nmore than the invention . For instance, a functional \nclaim is too broad ifit purports to include every other \npossible way ofaccomplishing that function. A claim \non a chemical is more likely to be rejected for undue \nbreadth than a claim on a machine, because future \ndiscoveries are less predictable. [Cases: Patents \n124.J \nundue-multiplicity-of-claims rejection. Rejection of \na patent application on the ground that it makes an \nunreasonable number of claims. See AGGREGATION \nOF CLAIMS. [Cases: Patents ~124.) \nvague-and-indefinite rejection. Rejection of a patent \nclaim on the ground that a person of ordinary skill in \nthe art could not clearly understand it.  For example, \nterms used in more than one sense could make the \nmeaning unclear. Also termed Section 112 rejec\ntion. [Cases: Patents (;:::: 101(6).] \nrejoinder, n. (15c) Common-law pleading. The defen\ndant's answer to the plaintiff's reply (or replication). \n[Cases: Pleading (';.~ 183.) rejoin, vb. \nrelated good. Trademarks. A good that infringes a trade\nmark because it appears to come from the same source \nas the marked good, despite not competing with the \nmarked good. For example, a cutting tool named \n\"McKnife\" might infringe the \"McDonald's\" trademark \nas a related good. \nrelated proceeding. Bankruptcy. A proceeding that \ninvolves a claim that will affect the administration \nof the debtor's estate (such as a tort action between \nthe debtor and a third party), but that does not arise \nunder bankruptcy law and could be adjudicated in a \nstate court . A related proceeding must be adjudicated \nin federal district court unless the parties consent to \nbankruptcy-court jurisdiction or unless the district \ncourt refers the matter to the bankruptcy court or to \nstate court. -Also termed noncore proceeding. Cf. \nCORE PROCEEDING (1). [Cases: Bankruptcy (;:::: 2043\n2063.] \nrelated right. See NEIGHBORING RIGHT. \nrelation. See RELATIVE. \nrelation back, n. (ISc) 1. The doctrine that an act done at \na later time is, under certain circumstances, treated as \nthough it occurred at an earlier time . In federal civil \nprocedure, an amended pleading may relate back, for \npurposes ofthe statute oflimitations, to the time when \nthe original pleading was filed. Fed. R. Civ. P. 15(c). \nlCases: Limitation of Actions 127.] 2. A judicial \napplication ofthat doctrine. -Also termed doctrine of \nrelation back. Cf. NUNC PRO TUNC. relate back, vb. \nrelationship. The nature ofthe association between two \nor more people; esp., a legally recognized association \nthat makes a difference in the participants' legal rights \nand duties ofcare. \n\n1402 relationship rape \nattorney-client relationship. 1he formal legal repre\nsentation of a person by a lawyer. -An attorney-client \nrelationship may be found, for disciplinary purposes, \nwithout any formal agreement. [Cases: Attorney and \nClient C:::c64.] \nconfidential relationship. 1. See fidUciary relation\nship. 2. Trade secrets. A relationship in which one \nperson has a duty to the other not to disclose pro\nprietary information. - A confidential relationship \ncan be expressly established, as by the terms of an \nemployment contract. It can also be implied when \none person knows or should know that the informa\ntion is confidential, and the other person reasonably \nbelieves that the first person has consented to keep the \ninformation confidential. A confidential relationship \nmight be implied, for instance, between two people \nnegotiating the sale of a business. [Cases: Antitrust \nand Trade Regulation Labor and Employ\nment C:::c304.] \ndoctor-patient relationship. The association between \na medical provider and one who is being diagnosed \nor treated. _ The relationship imposes a duty on the \ndoctor to ensure that the patient gives informed \nconsent for treatment. Health (':::=>576, 615.] \nemployer-employee relationship. The association \nbetween a person employed to perform services in \nthe affairs of another, who in turn has the right to \ncontrol the person's physical conduct in the course of \nthat service. -At common law, the relationship was \ntermed \"master-servant.\" That term is still used often, \nbut \"employer-employee\" dominates in modern legal \nusage. [Cases: Labor and Employment C:::c 23.] \nfiducial relationship. See trust relationship. \nfiduciary relationship. (l846) A relationship in which \none person is under a duty to act for the benefit of \nanother on matters within the scope of the relation\nship. _ Fiduciary relationships such as trustee\nbeneficiary, guardian-ward, principal-agent, and \nattorney-client -require an unusually high degree \nof care. Fiduciary relationships usu. arise in one of \nfour situations: (1) when one person places trust \nin the faithful integrity of another, who as a result \ngains superiority or influence over the first, (2) when \none person assumes control and responsibility over \nanother, (3) when one person has a duty to act for \nor give advice to another on matters falling within \nthe scope of the relationship, or (4) when there is a \nspecific relationship that has traditionally been rec\nognized as involving fiduciary duties, as with a lawyer \nand a client or a stockbroker and a customer. -Also \ntermed fidUciary relation; confidential relationship. \nCf. special relationship. [Cases: Fraud <8:::>7.] \nmaster-servant relationship. The association between \none in authority and a subordinate, esp. between an \nemployer and an employee . At common law, this \nterm also designated the husband-wife relationship \nfor purposes of analyzing loss of consortium, but \nthat usage is now obsolete. Also termed employer-employee relationship. See MASTER AND SERVANT. \n[Cases: Labor and Employment \nparent-child relationship. The association between an \nadult and a minor in the adult's care, esp. an offspring \nor an adoptee. _ Ihe relationship imposes a high duty \nof care on the adult, including the duties to support, \nto rescue, to supervise and control, and to educate. \nlCases: Parent and Child \nprofessional relationship. An association that involves \none person's reliance on the other person's specialized \ntraining. _ Examples include one's relationship with a \nlawyer, doctor, insurer, banker, and the like. \nspecial relationship. A nonfiduciary relationship \nhaving an element of trust, arising esp. when one \nperson trusts another to exercise a reasonable degree \nof care and the other knows or ought to know about \nthe reliance. Cf. fidUciary relationship. [Cases: Negli\ngence 220.] \ntrust relationship. An association based on one person's \nreliance on the other person's specialized training. \nAlso termed fiducial relationship. [Cases: Fraud~\"\") \n7.] \nrelationship rape. See RAPE. \nrelative, n. (14c) A person connected"}
{"text": "\") \n7.] \nrelationship rape. See RAPE. \nrelative, n. (14c) A person connected with another by \nblood or affinity; a person who is kin with another. \nAlso termed relation; kinsman. Cf. NEXT OF KIN (1). \nblood relative. (1863) One who shares an ancestor with \nanother. \ncollateral relative. (18c) A relative who is not in the \ndirect line of descent, such as a cousin. [Cases: \nDescent and Distribution C:::c 32-41.] \nrelative by affinity. (1821) A person who is related \nsolely as the result of a marriage and not by blood \nor adoption. _ A person is a relative by affinity (1) \nto any blood or adopted relative ofhis or her spouse, \nand (2) to any spouse ofhis or her blood and adopted \nrelatives. Based on the theory that marriage makes \ntwo people one, the relatives of each spouse become \nthe other spouse's relatives by affinity. See AFFINITY. \n[Cases: Descent and Distribution C:::c21; Wills \n502.] \nrelative ofthe halfblood. A collateral relative who \nshares one common ancestor. - A half brother, for \nexample, is a relative ofthe halfblood. See halfblood \nunder BLOOD. [Cases: Descent and Distribution \n35; Wills C::~506(2).] \nrelative confession. See CONFESSION. \nrelative-convenience doctrine. The principle that an \ninjunction or other equitable relief may be denied if \ngranting it would cause one party great inconvenience \nbut denying it would cause the other party little or no \ninconvenience. [Cases: Injunction C:::c 12,23,138.15.] \nrelative fact. See FACT. \nrelative nullity. See NULLITY. \nrelative power. See POWER (5). \n\n1403 releaser \nrelative-responsibility statute. A law requiring adult \nchildren to support or prOVide basic necessities for their \nindigent elderly parents. [Cases: Parent and Child \n4.] \nrelative right. See RIGHT. \nrelative simulated contract. See CONTRACT. \nrelator. (17c) 1. The real party in interest in whose name \na state or an attorney general brings a lawsuit. See EX \nREL. [Cases: Attorney General C:>9.] 2. lhe applicant \nfor a writ, esp. a writ of mandamus, prohibition, or quo \nwarranto. [Cases: Mandamus ~-:>144; Prohibition C:> \n19; Quo Warranto C:>30.]3. A person who furnishes \ninformation on which a civil or criminal case is based; \nan informer. \nrelatrix (ri-Iay-triks). Archaic. A female relator. \nrelaxatio (ree-Iak-say-shee-oh). [Law Latin] Hist. An \ninstrument by which one relinquishes a right or claim \nto another; a release. \nrelease, n. (14c) 1. Liberation from an obligation, duty, \nor demand; the act of giving up a right or claim to the \nperson against whom it could have been enforced <the \nemployee asked for a release from the noncompete \nagreement>. Also termed discharge; surrender. 2. \nThe relinquishment or concession of a right, title, or \nclaim <Benson's effective release of the claim against \nThompson's estate precluded his filing a lawsuit>. \n[Cases: Release C:> 1.] 3. A written discharge, acquit\ntance, or receipt; specif., a writing -either under seal \nor supported by sufficient consideration stating that \none or more of the worker's contractual or compen\nsatory rights are discharged <Jones Signed the release \nbefore accepting the cash from Hawkins>. _ Beneficia\nries ofan estate are routinely required to sign a release \ndischarging the estate from further liability before the \nexecutor or administrator distributes the property. 4. \nA written authorization or permission for publication \n<the newspaper obtained a release from the witness \nbefore printing his picture on the front page>. 5. 1be act \nof conveying an estate or right to another, or oflegally \ndisposi ng ofit <the release ofthe easement on February \n14>.6. A deed or document effecting a conveyance \n<the legal description in the release was defective>. \nSee deed ofrelease under DEED. [Cases: Deeds \n7. The action of freeing or the fact of being freed from \nrestraint or confinement <he became a model citizen \nafter his release from prison>. 8. A document giving \nformal discharge from custody <after the sheriff Signed \nthe release, the prisoner was free to go>. -release, \nvb. \nconditional release. (lSc) 1. A discharge from an obli\ngation based on some condition, the failure ofwhich \ndefeats the release. 2. An early discharge of a prison \ninmate, who is then subject to the rules and regula\ntions ofparole. [Cases: Prisons C:>24S.] \nmarginal release. Property. An entry made in the \nmargin ofa property record by the recorder ofdeeds \nto show that a claim against the property has been \nsatisfied. mutual release. A simultaneous exchange ofreleases of \nlegal claims held by two or more parties against each \nother. [Cases: Prisons C:> 14.] \npartial release. (lS37) A release of a portion of a \ncreditor's claims against property; esp., a mortgag\nee's release of specified parcels covered by a blanket \nmortgage. [Cases: Mortgages C:>310.] \nPierringer release. A release that allows a defendant in \na negligence suit to settle with the plaintiff for a share \nof the damages and insulates the settling defendant \nagainst contribution claims by nonsettling defen\ndants. -'This type of release was first described in \nPierringer v. Hoger, 124 N.W.2d 106, 110-11 (Wis. \n1963). It is used in some jurisdictions that do not have \ncontribution statutes. ~Also spelled (incorrectly) \nPerringer release. [Cases: Release (~29(4).] \nstudy release. (1970) A program that allows a prisoner \nto be released for a few hours at a time to attend classes \nat a nearby college or technical institution. Also \ntermed study furlough. [Cases: Convicts (;~2.] \nunconditional release. (1871) The final discharge of a \nprison inmate from custody. [Cases: Release C=)14.J \n9. Environmental law. The injection ofcontaminants or \npollutants into the environment as a side effect ofoper\nations such as manufacturing, mining, or farming. \nrelease clause. Real estate. 1. A blanket-mortgage provi\nsion that enables the mortgagor to obtain a release from \nthe mortgage ofa specific portion ofthe property upon \npaying a specific (usu. more than pro rata) portion of \nthe loan. -Mortgagees commonly include a clause that \ndisallows a partial release ifthe mortgagor is in default \non any part of the mortgage. [Cases: Mortgages \n310.] 2. A purchase-agreement provision that allows a \nseller who has accepted an offer containing a contin\ngency to continue to market the property and accept \nother offers. _ Ifthe seller accepts another buyer's offer, \nthe original buyer typically has a specified time (such as \n72 hours) to waive the contingency (such as the sale of \nthe buyer'S present house) or to release the seller from \nthe agreement. [Cases: Vendor and Purchaser \nrelease deed. See DEED. \nreleasee. 1. One who is released, either phYSically or by \ncontractual discharge. [Cases: Release C:>26.]2. One \nto whom an estate is released. \nrelease ofmortgage. A written document that discharges \na mortgage upon full payment by the borrower and \nthat is publicly recorded to show that the borrower has \nfull equity in the property. [Cases: Mortgages C:>309, \n314.] \nrelease on recoguizance. (1913) The pretrial release of \nan arrested person who promises, usu. in writing but \nwithout supplying a surety or posting bond, to appear \nfor trial at a later date. -Abbr. ROR. -Also termed \nrelease on own recognizance. See RECOGNIZANCE. \n[Cases: Bail C=>40.] \nreleaser. See RELEASOR. \n\nrelease to uses 1404 \nrelease to uses. (1830) Conveyance of property, by deed \nof release, by one party to another for the benefit ofthe \ngrantor or a third party. See deed ofrelease under DEED; \nSTATUTE OF USES; USE (4). [Cases: Deeds C=>23.] \nreleasor. (17c) One who releases property or a claim to \nanother. -Also spelled releaser. [Cases: Release C=> \n1.] \nrelegatio (rel-;l-gay-shee-oh), n. [ff. Latin relegare \"to \nsend away\"] Roman law. Temporary or permanent ban\nishment ofa condemned criminal from Rome and the \ncriminal's native province, without loss of citizenship \nor forfeiture of all the criminal's property. Cf. DEPOR\nTATIO. \n\"Relegatio. The expulsion of a citizen ordered either by \nan administrative act of a magistrate or by judgment in a \ncriminal trial. In the latter case the relegatiowas sometimes \ncombined with additional punishments, such as confis \ncation of the whole or of a part of the property of the \ncondemned person, loss of Roman Citizenship, confine\nment in a certain place. A milder form of relegatio was the \nexclusion of the wrongdoer from residence in a specified \nterritory. Illicit return was punished with the death penalty.\" \nAdolf Berger, Encyclopedic Dictionary of Roman Law 673 \n(1953). \nrelegation, n. (16c) 1. Banishment or exile, esp. a tem\nporary one. 2. Assignment or delegation. -relegate, \nvb. \nrelevance. The fact, quality, or state of being relevant; \nrelation or pertinence to the issue at hand. -Also \ntermed relevancy. [Cases: Criminal Law C=> 338; \nEvidence C=>99.] \nrelevancy. See RELEVANCE. \nrelevant, adj. (16c) Logically connected and tending to \nprove or disprove a matter in issue; having appreciable \nprobative value -that is, rationally tending to persuade \npeople ofthe probability or possibility ofsome alleged \nfact. Cf. MATERIAL (2), (3). [Cases: Criminal Law C=> \n338; Evidence C=>99.] \n\"The word 'relevant' means that any two facts to which it \nis applied are so related to each other that according to \nthe common course of events one either taken by itself or \nin connection with other facts proves or renders probable \nthe past, present, or future existence or non-existence of \nthe other.\" James Fitzjames Stephen, A Digest of the Law \nof Evidence 2 (4th ed. 1881). \nrelevant art. See ART. \nrelevant evidence. See EVIDENCE. \nrelevant market. See MARKET. \nreliance, n. (l7c) Dependence or trust by a person, esp. \nwhen combined with action based on that dependence \nor trust. -rely, vb. \ndetrimental reliance. (1941) Reliance by one party \non the acts or representations of another, causing a \nworsening ofthe first party's position . Detrimental \nreliance may serve as a substitute for consideration \nand thus make a promise enforceable as a contract. \nSee promissory estoppel under ESTOPPEL. [Cases: \nEstoppel C=>55, 85, 87.] \nreliance damages. See DAMAGES. reliance interest. See INTEREST (2). \nreliance-loss damages. See DAMAGES. \nreliance materials. See EXPERT-RELIANCE MATERIALS. \nrelict (rel-ikt). Archaic. A surviving spouse; esp., a \nwidow. \nrelicta verificatione (ri-lik-t;l ver-;l-fi-kay-shee-oh-nee). \n[Latin \"his pleading being abandoned\"] Hist. A confes\nsion ofjudgment accompanied by a withdrawal of the \nplea. See COGNOVIT ACTIONEM. \nreliction (ri-lik-sh;ln). (17c) 1. A process by which a river \nor stream shifts its location, causing the recession of \nwater from its bank. [Cases: Navigable Waters C=>44; \nWaters and Water Courses C=>93.] 2. The alteration \nof a boundary line because of the gradual removal of \nland bv a river or stream. See ACCRETION; DERELICTION \n(2). [C~ses: Navigable Waters C=>44; Waters and Water \nCourses C=>93.] \nrelief. (14c) 1. A payment made by an heir of a feudal \ntenant to the feudal lord for the privilege ofsucceeding \nto the ancestor's tenancy. \n\"A mesne lord could, upon the death of his tenant, accept \nthe tenant's heir as tenant; but he was not required to \ndo so. When he did accept his deceased tenant's heir as \ntenant, it was typically because the heir had paid the mesne \nlord a substantial sum (known as a relieD for the re-grant \nof the tenancy.\" Thomas F. Bergin & Paul G. Haskell, Preface \nto Estates in Land and Future Interests 8 (2d ed. 1984). \n2. Aid or assistance given to those in need, esp., finan\ncial aid provided by the state. [Cases: Social Security \nand Public Welfare C=)4.]3. The redress or benefit, esp. \nequitable in nature (such as an injunction or specific \nperformance), that a party asks of a court. -Also \ntermed remedy. Cf. REMEDY. \naffirmative relief (1842) The relief sought by a defen\ndant by raising a counterclaim or cross-claim that \ncould have been maintained independently of the \nplaintiff's action. \nalternative relief (1851) Judicial relief that is mutually \nexclusive with another form of judicial relief . In \npleading, a party may request alternative relief, as by \nasking for both specific performance and damages \nthat would be averted by specific performance. Fed. \nR. Civ. P. 8(a). Cf. ELECTION OF REMEDIES. ["}
{"text": "specific performance. Fed. \nR. Civ. P. 8(a). Cf. ELECTION OF REMEDIES. [Cases: \nSpecific Performance C=> 127.] \ncoercive relief (1886) Judicial relief, either legal or \nequitable, in the form ofa personal command to the \ndefendant that is enforceable by physical restraint. \ndeclaratory relief A unilateral request to a court to \ndetermine the legal status or ownership of a thing. \n[Cases: Declaratory Judgment C=>385.] \nextraordinary relief Judicial relief that exceeds what is \ntypically or customarily granted but is warranted by \nthe unique or extreme circumstances of a situation. \n The types of extraordinary relief most frequently \nsought are injunctions and extraordinary writs, esp. \nmandamus. See INJUNCTION; MANDAMUS. Cf. extraor\ndinary writ under WRIT. [Cases: Courts C=>207.] \n\n1405 \ninterim relief. (1886) Relief that is granted on a pre\nliminary basis before an order finally disposing of a \nrequest for relief. \ntherapeutic relief. (1889) The relief, esp. in a settlement, \nthat requires the defendant to take remedial measures \nas opposed to paying damages. An example is a \ndefendant-corporation (in an employment-dis\ncrimination suit) that agrees to undergo sensitivity \ntraining. Often shortened to therapeutics. \nreligion. A system offaith and worship usu. involving \nbeliefin a supreme being and usu. containing a moral \nor ethical code; esp., such a system recognized and \npracticed by a particular church, sect, or denomination. \n In construing the protections under the Establish\nment Clause and the Free Exercise Clause, courts have \ninterpreted the term religion quite broadly to include a \nwide variety oftheistic and nontheistic beliefs. [Cases: \nReligious Societies 1.] \nstate religion. A religion promoted, taught, or enforced \nby a government's acts to the exclusion ofother reli\ngions. \nreligion, freedom of. See FREEDOM OF RELIGION. \nReligion Clause. In the Bill of Rights, the provision \nstating that \"Congress shall make no law respecting \nan establishment of religion or prohibiting the free \nexercise thereof.\" U.S. Const. amend. 1.  Some writers \nuse the plural form, \"Religion Clauses,\" to mean both \nthe Establishment Clause and the Free Exercise Clause, \nthus emphasizing the asserted common purpose ofthe \ntwo provisions. [Cases: Constitutional Law C==', 1290\n1428.J \nreligious-affinity fraud. See PRAUD. \nreligious corporatiou. See CORPORATION. \nreligious-exemption statute. See FAITH-HEALING \nEXEMPTION. \nreligious liberty. See LIBERTY. \nReligious Test Clause. The clause ofthe U.S. Constitu\ntion that prohibits the use ofa religious test as a quali\nfication to serve in any office or public trust. U.S. Const. \nart. VI, par. 3, cl. 2. -Also termed No Religious Test \nClause. \nrelinquishment, n. (I5c) The abandonment ofa right or \nthing. -relinquish, vb. \nreliqua (reJ-<'l-kw<'l). [Latin] Civil law. The remainder ofa \ndebt after balancing or liquidating an account; money \nleft unpaid. \nrelitigate, vb. (1826) To litigate (a case or matter) again \nor anew <relitigate the issue in federal court>. -reliti\ngation, n. \nrelocatio (ree-Ioh-kay-shee-oh). [Latin] Civil law. The \nrenewal of a lease; RECONDUCTION (I). \nrelocation. 1. Removal and establishment of someone \nor something in a new place. 2. Mining law. Appro\npriation of a new tract ofland for a mining claim, as \nby an owner who wishes to change the boundaries of \nthe original tract or by a stranger who wishes to claim remainder \nan abandoned or forfeited tract. [Cases: Mines and \nMinerals (;=>26.]3. Civil law. RECONDUCTION (1). \nrem. See IN REM. \nremainder. (lSc) Property. 1. A future interest arising \nin a third person that is, someone other than the \nestate's creator, its initial holder, or the heirs ofeither \nwho is intended to take after the natural termination of \nthe preceding estate . For example, if a grant is \"to A \nfor life, and then to B,\" B's future interest is a remainder. \nIfthere is only one preceding estate and the remainder \nvests on that estate's expiration, the remainder is also \ntermed an executed estate. -Also termed remainder \nestate; estate in remainder. Cf. EXECUTORY INTEREST; \nREVERSION; POSSIBILITY OF REVERTER. [Cases: Remain\nders (;=> 1.] \n\"Whether a remainder is vested or contingent depends \nupon the language employed. If the conditional element \nis incorporated into the description of, or the gift to the \nremainder man, then the remainder is contingent; but \nif. after words giving a vested interest, a clause is added \ndivesting it, the remainder is vested. Thus, on a devise to \nA. for life, remainder to his children, but if any child dies in \nthe lifetime of A. his share to go to those who survive, the \nshare of each child is vested, subject to be divested by his \ndeath. But on a devise to A. for life, remainder to such of his \nchildren as survive him. the remainder is contingent.\" John \nChipman Gray, The Rule Against Perpetuities 66 (1886). \n\"Under the names of 'remainders' and 'executory limita\ntions,' various classes of interests in land could be created \nin expectancy. either at the Common Law or under the \nStatute of Uses. The differences between the two classes \nwere highly technical; and the learning involved in acquir\ning a knowledge of the rules of determining them [is] quite \nout of proportion to the value obtained.\" Edward Jenks, The \nBook ofEnglish Law 263 (P.S. Fairest ed., 6th ed. 1967). \naccelerated remainder. (1901) A remainder that has \npassed to the remainderman, as when the gift to the \npreceding beneficiary fails. [Cases: Remainders \n5.J \nalternative remainder. (1830) A remainder in which \nthe disposition of property is to take effect only if \nanother disposition does not take effect. \ncharitable remainder. (1932) A remainder, usu. from \na life estate, that is given to a charity; for example, \"to \nJane for life, and then to the American Red Cross. \n[Cases: Internal Revenue (;=>4172(3); Taxation \n3328.] \ncontingent remainder. (I8c) A remainder that is either \ngiven to an unascertained person or made subject to \na condition precedent.  An example is \"to A for life, \nand then, ifB has married before A dies, to B.\" Also \ntermed executory remainder; remainder subject to a \ncondition precedent. [Cases: Remainders (->1, 4.) \n\"Unlike a vested remainder, a contingent remainder is either \nsubject to a condition precedent (in addition to the natural \nexpiration of a prior estate), orowned by unascertainable \npersons, or both. But the contingent remainder, like the \nvested remainder, 'waits patiently' for possession. It is so \ncreated that it can become a present estate (if ever it does) \nimmediately upon, and no sooner than, the natural expira\ntion of particular estates that stand in front of it and were \ncreated simultaneously with it.\" Thomas F. Bergin & Paul \nG. Haskell, Preface to Estates in Land and Future Interests \n73 (2d ed. 1984). \n\n1406 remainder bequest \ncross-remainder. (I8c) A future interest that results \nwhen particular estates are given to two or more \npersons in different parcels of land, or in the same \nland in undivided shares, and the remainders of all \nthe estates are made to vest in the survivor or sur\nvivors. _ Two examples of devises giving rise to \ncross-remainders are (1) \"to A and B for life, with \nthe remainder to the survivor and her heirs,\" and (2) \n\"Blackacre to A and Whiteacre to B, with the remain\nder of A's estate to B on A's failure of issue, and the \nremainder of B's estate to A on B's failure ofissue.\"  \nIf no tenants or issue survive, the remainder vests in a \nthird party (sometimes known as the ulterior remain\nderman). Each tenant in common has a reciprocal, \nor cross, remainder in the share of the others. This \ntype ofremainder could not be created by deed unless \nexpressly stated. It could, however, be implied in a \nwill. [Cases: Remainders C=: 1.] \n\"By a will also an estate may pass by mere implication, \nwithout any express words to direct its course.... So also, \nwhere a devise of black-acre to A and of white-acre to B in \ntail, and if they both die without issue, then to C in fee: here \nA and B have cross remainders by implication, and on the \nfailure of either's issue, the other or his issue shall take the \nwhole: and C's remainder over shall be postponed till the \nissue of both shall fail.\" 2 William Blackstone, Commentar\nies on the Laws ofEngland 381 (1766). \ndefeasible remainder. (18c) A vested remainder that \nwill be destroyed if a condition subsequent occurs. \n-An example is \"to A for life, and then to B, but if \nB ever sells liquor on the land, then to c.\" -Also \ntermed remainder subject to divestment. [Cases: \nRemainders 10.] \nexecuted remainder. See vested remainder. \nexecutory remainder. See contingent remainder. \nindefeasible remainder. (1898) A vested remainder \nthat is not subject to a condition subsequent; specif., \na remainder in which the remainderman is certain to \nacquire a present interest sometime in the future and \nwill be entitled to retain the interest permanently. \nAlso termed indefeaSibly vested remainder; remainder \nindefeasibly vested. \nremainder subject to a condition precedent. See contin\ngent remainder. \nremainder subject to divestment. See defeasible remain\nder. \nremainder subject to open. (1838) A vested remainder \nthat is given to a class ofpersons whose numbers may \nchange over time and that is to be shared equally by \neach member of the class. -An example is \"to A for \nlife, and then equally to all of B's children.\" The class \nmust have at least one member, but more can be added \nover time. Also termed remainder subject to partial \ndivestment; remainder vested subject to open_ \nvested remainder. (18c) A remainder that is given to \nan ascertained person and that is not subject to a \ncondition precedent.  An example is \"to A for life, \nand then to B.\" Also termed executed remainder. \n[Cases: Remainders 1.] 2. The property in a decedent's estate that is not other\nwise specifically devised or bequeathed in a will. See \nresiduary estate under ESTATE (3). [Cases: Wills \n586.] \nremainder bequest. See residuary bequest under \nBEQUEST. \nremainderer. See REMAINDERMAN. \nremainder estate. See REMAINDER (I). \nremainder indefeasibly vested. See indefeasible remain\nder under REMAINDER. \nremainder interest. (1815) 1he property that passes to \na beneficiary after the expiration of an intervening \nj ncome interest. _ For example, ifa grantor places real \nestate in trust with income to A for life and remainder \nto B upon A's death, then B has a remainder interest. \nremainderman. (18c) A person who holds or is entitled \nto receive a remainder. Also termed remainderer; \nremainderperson; remainor. [Cases: Remainders \n1.] \nulterior remainderman. A third party whose future \ninterest in a property vests only jf all the preceding \nreciprocal interests See cross-remainder under \nREMAINDER. \nremainder subject to partial divestment. See remainder \nsubject to open under REMAINDER. \nremainder vested subject to open. See remainder subject \nto open under REMAINDER. \nremainor, n. See REMAINDERMAN. \nremake rights. Copyright. The rights to produce one or \nmore additional movies or screenplays based on what \nis substantially the same story as is contained in the \noriginal movie or screenplay for which the rights have \nbeen granted. [Cases: Copyrights and Intellectual \nProperty <):::::>38.) \nremancipate, vb. To mancipate (a thing or person) \nagain. \nremand (ri-mand also ree-mand), n. (18c) 1. The act or \nan instance of sending something (such as a case, claim, \nor person) back for further action. 2. An order remand\ning a case, claim, or person. \nfourth-sentence remand. In a claim for SOcial-security \nbenefits, a court's decision affirming, reversing, or \nmodifying the decision of the Commissioner of Social \nSecurity. -This type of remand is called a fourth\nsentence remand because it is based on the fourth \nsentence of 42 USCA  405(g): \"The court shall have \npower to enter, upon the pleadings and transcript \nof the record, a judgment affirming, modifying, or \nreversing the decision ofthe Commissioner ofSocial \nSecurity, with or without remanding the cause for a \nrehearing.\" See Melkonyan v. Sullivan, 501 U.S. 89, 111 \nS.Ct. 2157 (1991). [Cases: Social Security and Public \nWelfare C:-149.] \nsixth-sentence remand. In a claim for social-security \nbenefits, a court's decision that the claim should \nbe reheard by the Commissioner of Social Security \n\n1407 remedy \nbecause new evidence is available, which was not \navailable before, that might change the outcome of \nthe proceeding. This type of remand is called a \nsixth-sentence remand because it is based on the sixth \nsentence of 42 USCA  405(g): \"The court may, on \nmotion of the Commissioner of Social Security made \nfor good cause shown before the Commissioner files \nthe Commissioner's answer, remand the case to the \nCommissioner of Social Security for further action \nby the Commissioner of Social Security, and it may "}
{"text": ", remand the case to the \nCommissioner of Social Security for further action \nby the Commissioner of Social Security, and it may \nat any time order additional evidence to be taken \nbefore the Commissioner of Social Security, but only \nupon a showing that there is new evidence which is \nmaterial and that there is good cause for the failure to \nincorporate such evidence into the record in a prior \nproceeding ....\" See Melkonyan v. Sullivan, 501 U.S. \n89, 111 S.Ct. 2157 (1991). [Cases: Social Security and \nPublic Welfare (;:::;, 149.) \nremand (ri-mand), vb. (15c) 1. To send (a case or claim) \nback to the court or tribunal from which it came for \nsome further action <the appellate court reversed the \ntrial court's opinion and remanded the case for new \ntrial>. Cf. REMOVAL (2). [Cases: Administrative Law and \nProcedure (;::::::>817; Appeal and Error 1106,1178, \n1186; Criminal Law c?1181.5; Federal Courts (;:::;'937, \n943; Removal of Cases C-:> 107(8).) 2. To recommit (an \naccused person) to custody after a preliminary exami\nnation <the magistrate, after denying bail, remanded \nthe defendant to custody>. \nremanentia (rem-~-nen-shee-~). [Law Latin] Rist. A \nremainder or perpetuity. \nremanent pro defectu emptorum (rem-~-n<mt proh di\nfek-t[y]oo emp-tor-~m). [Latin] Hist. Remains unsold \nfor want of buyers . This language was used in a return \nofa writ of execution when the sheriff could not sell the \nseized property. [Cases: Execution (;:::;,334.J \nremanet (rem-<}-net). (16c) 1. A case or proceeding \nwhose hearing has been postponed. 2. A remainder or \nremnant. \nremargining, n. Securities. The act or process ofdeposit\ning additional cash or collateral with a broker when the \nequity in a margin account falls to an insufficient leveL \nSee margin account under ACCOUNT. remargin, \nvb. \nremarry, vb. To marry a second or later time, after a \ndivorce or the death of one's spouse. [Cases: Divorce \n(;:::;,319.] \nremediable, adj. (l5c) Capable ofbeing remedied, esp. by \nlaw <remediable wrongs>. remediability, n. \nremedial, adj. (17c) 1. Affording or providing a remedy; \nproviding the means of obtaining redress <a remedial \naction>. 2. Intended to correct, remove, or lessen a \nwrong, fault, or defect <a remedial statute>. 3. Of or \nrelating to a means of enforcing an existing substantive \nright <a remedial right>. \nremedial action. 1. Environmental law. An action \nintended to bring about or restore long-term envi\nronmental quality; esp., under CERCLA, a measure intended to permanently alleviate pollution when a \nhazardous substance has been released or might be \nreleased into the environment, so as to prevent or \nminimize any further release ofhazardous substances \nand thereby minimize the risk to public health or to the \nenvironment. 42 USCA  9601(24); 40 CFR  300.6. \nAlso termed remedy. See CERCLA. Cf. REMOVAL ACTION. \n[Cases: Environmental Law (;:::;,439.J 2. See personal \naction (1) under ACTION (4). \nremedial enforcement. See secondary right under \nRIGHT. \nremedial law. (l7c) 1. A law providing a means to enforce \nrights or redress injuries. 2. A law that corrects or \nmodifies an existing law; esp., a law proViding a new \nor different remedy when the existing remedy, if any, \nis inadequate. [Cases: Statutes (;:::;,236.] \nremedial liability. See LIABILITY. \nremedial promise. See PROMISE. \nremedial right. See RIGHT. . remedial statute. See STATUTE.I \nremedial trust. See constructive trust under TRUST. \nremediation. Environmental law. 1he restoration of \npolluted land, water, or air to its former state, or as \nnearly so as is practicaL [Cases: Environmental Law \n'~J366, 439.] \nremedies, n. The field of law dealing with the means of \nenforcing rights and redressing wrongs. \nremediis praetoriis (ri-mee-dee-is pri-tor-ee-is). [Latin] \nHist. By praetorian remedies. \nremedium extraordinarium (ri-mee-dee-~m ek-stror\ndi-nair-ee-<}m or ek-str<}-or-). [Latin] Hist. An extraor\ndinary remedy. \nremedy, n. (l3c) 1. The means of enforcing a right or \npreventing or redressing a wrong; legal or equita\nble relief. -Also termed civil remedy. 2. REMEDIAL \nACTIO;'\\[. Cf. RELIEF. -Also termed (in both senses) \nlaw ofremedy. -remedy, vb. \n\"A remedy is anything a court can do for a litigant who has \nbeen wronged or is about to be wronged. The two most \ncommon remedies are judgments that plaintiffs are entitled \nto collect sums of money from defendants and orders to \ndefendants to refrain from their wrongful conduct or to \nundo its consequences. The court decides whether the \nlitigant has been wronged under the substantive law; it \nconducts its inquiry in accordance with the procedural law. \nThe law of remedies falls somewhere between substance \nand procedure, distinct from both but overlapping with \nboth.\" Douglas Laycock, Modern American Remedies 1 (3d \ned.2002). \nadequate remedy atlaw. (l8c) A legal remedy (such as \nan award ofdamages) that provides sufficient relief to \nthe petitioning party, thus preventing the party from \nobtaining equitable relief. See IRREPARABLE INJURY \nRULE. [Cases: Equity Specific Performance \nadministrative remedy. (1880) A nonjudicial remedy \nprovided by an administrative agency . Ordinar\nily, if an administrative remedy is available, it must \n\nbe exhausted before a court will hear the case. See \nEXHAUSTION OF REMEDIES. [Cases: Administrative \nLaw and Procedure C=>229.] \ncivil remedy. See REMEDY (1). \nconcurrent remedy. (1Sc) One of two or more legal or \nequitable actions available to redress a wrong. \ncumulative remedy. (1Sc) A remedy available to a party \nin addition to another remedy that still remains in \nforce. \nequitable remedy. (lSc) A remedy, usu. a nonmonetary \none such as an injunction or specific performance, \nobtained when available legal remedies, usu. monetary \ndamages, cannot adequately redress the injury . His\ntorically, an equitable remedy was available only from \na court ofequity. -Also termed equitable relief See \nIRREPARABLE-INJURY RULE. [Cases: Injunction C=> \n15, 13S.9; Specific Performance C=> 1.] \nextrajudicial remedy. A remedy not obtained from a \ncourt, such as repossession. -Also termed self-help \nremedy. \nextraordinary remedy. (16c) A remedy -such as a \nwrit of mandamus or habeas corpus -not available \nto a party unless necessary to preserve a right that \ncannot be protected by a standard legal or equitable \nremedy. Because there is no agreed list of extraor\ndinary remedies, some standard remedies -such as \npreliminary and permanent injunctions -are some\ntimes described as extraordinary. [Cases: Injunction \nC=> 1, 132; Mandamus C=>3(1)-3(2.1).] \njudicial remedy. (ISc) A remedy granted by a court. \nlegal remedy. (17c) A remedy historically available in \na court of law, as distinguished from a remedy his\ntorically available only in equity.  After the merger \noflaw and equity, this distinction remained relevant \nin some ways, such as in determining the right to \njury trial and the choice between alternate remedies. \n[Cases: Action C=>21.] \nprovisional remedy. (1Sc) A temporary remedy awarded \nbefore judgment and pending the action's disposition, \nsuch as a temporary restraining order, a preliminary \ninjunction, a prejudgment receivership, or an attach\nment. Such a remedy is intended to maintain the \nstatus quo by protecting a person's safety or preserv\ning property. [Cases: Attachment C=> 1; Injunction \nC=> 132, 13S.3, 150.] \nremedy over. (1Sc) A remedy that arises from a right of \nindemnification or subrogation . For example, ifa \ncity is liable for injuries caused by a defect in a street, \nthe city has a \"remedy over\" against the person whose \nact or negligence caused the defect. [Cases: Indemnity \nC=>20, 91; Subrogation C=> 1.] \nself-help remedy. See extrajudicial remedy. \nspecific remedy. (1Sc) A remedy whereby the injured \nparty is awarded the very performance that was con\ntractually promised or whereby the injury threatened \nor caused by a tort is prevented or repaired. A court \nawards a specific remedy by ordering a defaulting seller of goods to deliver the specified goods to the \nbuyer (as opposed to paying damages). [Cases: Specific \nPerformance C=> 126.] \nspeedy remedy. (1Sc) A remedy that, under the cir\ncumstances, can be pursued expeditiously before the \naggrieved party has incurred substantial detriment. \n \"Speedy remedy\" is an informal expression with no \nfixed meaning -that is, what is considered speedy \nin one context may not be considered speedy in other \ncontexts. For example, the Federal Tax Injunction Act \nrequires a \"plain, speedy, and efficient remedy\" in state \ncourts. But the Act does not require preliminary or \ninjunctive relief -or even interest for delay. \n\"'Speedy' is perforce a relative concept, and we must \nassess the 2-year delay against the usual time for similar \nlitigation.\" Rosewell v. LaSalle Nat'l Bank, 450 U.S. 503, \n518 (1981). \nsubstitutional remedy. (19S7) A remedy intended to \ngive the promisee something as a replacement for the \npromised performance or to give the plaintiff some\nthing in lieu of preventing or repairing an injury . \nA court awards a substitutional remedy by ordering a \ndefaulting seller ofgoods to pay the buyer damages (as \nopposed to delivering the promised goods). -Also \ntermed substitutionary remedy. [Cases: Contracts \n324(1).] \n\"With substitutionary remedies, plaintiff suffers harm \nand receives a sum of money. SpeCific remedies seek to \navoid this exchange. They seek to prevent harm, or undo \nit, rather than let it happen and compensate for it.... \n[Money damages] are substitutionary both in the sense \nthat the sum of money is substituted for plaintiff's original \nentitlement, and in the less obvious sense that the fact \nfinder's valuation of the loss is substituted for plaintiff's \nvaluation. Specific relief seeks to avoid both these substitu\ntions, giving plaintiff the very thing he lost if that is what \nhe wants.\" Douglas Laycock, The Death of the Irreparable \nInjury Rule 13 (1991). \nremedy, mutuality of. See MUTUALITY OF REMEDY. \nremere (ray-may-ray), n. [French] The right of repur\nchase. \nREMIC (rem-ik or ree-mik). abbr. REAL-ESTATE-MORT\nGAGE INVESTMENT CONDUIT. \nremise (ri-mlz), vb. (1Sc) To give up, surrender, or release \n(a right, interest, etc.) <the quitclaim deed provides that \nthe grantor remises any rights in the property>. \nremissio injuriae (ri-mis[h]-ee-oh in-joor-ee-ee). [Latin] \nHist. Forgiveness of the offense. \nremission. (13c) 1. A cancellation or extinguishment of \nall or part of a financial obligation; a release of a debt \nor claim. [Cases: Release C=> 1.] \nconventional remission. Civil law. A remission \nexpressly granted to a debtor by a creditor having \ncapacity to alienate. La. Civ. Code art. IS40. \ntacit remission. Civil law. A remission arising by opera\ntion oflaw, as when a creditor surrenders an original \ntitle to the debtor. La. Civ. Code art. ISSS. \n2. A pardon granted for an offense. 3. Relief from a for\nfeiture or penalty. [Cases: Controlled Substances C=> \n\n1409 \nlS9; Forfeitures Penalties l.] 4. A diminu\ntion or abatement ofthe symptoms ofa disease, \nremit, vb, (I4c) 1. To pardon or forgive <the wife could not \nremit her husband's infidelity>, 2. To abate or slacken; \nto mitigate <the receipt ofmoney damages remitted the \nembarrassment ofbeing fired>, 3. To refer (a matter for \ndecision) to some authority, esp, to send back (a case) to \na lower court <the appellate court remitted the case to \nthe trial court for further factual determinations>, See \nREMAND, [Cases: Administrative Law and Procedure \n~817;Appeal and Error (~1106, 1178; Criminal Law \n(:::=~ 11Sl.5; Federal Courts ~943,1.]4. To send or put \nback to a previous condition or position <a landlord's \nbreach ofa lease does not justify the tenant's refusal to \npay rent; instead, the tenant is remitted to the right to \nrecover damages>, 5. To transmit (as money) <upon \n"}
{"text": ", the tenant is remitted to the right to \nrecover damages>, 5. To transmit (as money) <upon \nreceiving the demand letter, she promptly remitted the \namount due>. -remissible (for senses 1-4), adj, \nremittable (for sense 5), adj, \nremittance. (ISc) 1. A sum of money sent to another as \npayment for goods or services, 2. An instrument (such \nas a check) used for sending money, 3. The action or \nprocess ofsending money to another person or place, \nremittance advice. See ADVICE, \nremittee. (18c) One to whom payment is sent, \nremitter. (16c) 1. The principle by which a person having \ntwo titles to an estate, and entering on it by the later or \nmore defective title, is deemed to hold the estate by the \nearlier or more valid title. 2. The act of sending back \na case to a lower court 3. One who sends payment to \nsomeone else. -Also spelled (in sense 3) remittor, \nremitting bank. See BANK. \nremittit damna (ri-mit-it dam-nJ), [Latin] Hist, An entry \non the record by which a plaintiff declares that he or she \nremits part of the damages that have been awarded. \nAlso termed remittitur damna; remittitur damnum. \nremittitur (ri-mit-i-tJr), (ISc) 1. An order awarding a new \ntrial, or a damages amount lower than that awarded by \nthe jury, and requiring the plaintiff to choose between \nthose alternatives <the defendant sought a remit\ntitur of the $100 million judgment>. 2. The process by \nwhich a court requires either that the case be retried, \nor that the damages awarded by the jury be reduced, \nCf. ADDITUR, [Cases: Federal Civil Procedure C:J2377; \nFederal Courts ~'94S; New Trial (;::J 162.] \nremittitur damna. See REMITTIT DAMNA, \nremittitur damnum. See REMITTIT DAMNA, \nremittitur of record, (1848) The action of sending the \ntranscript of a case back from an appellate court to a \ntrial court; the notice for doing so. \nremittor. See REMITTER (3), \nremnants and surpluses. Maritime law, 1he proceeds \nremaining from the sale of a ship after claims for \nseamen's wages, bottomry bonds, salvage services, and \nsupplies have been paid, [Cases: Admiralty ~lOL] remuneration \nremonetization, n. The restoration of a precious \nmetal (such as gold or silver) to its former use as legal \ntender. -remonetize, vb. \nremonstrance (ri-mon-str;:mts), n, (l6c) 1. A presenta\ntion ofreasons for opposition or grievance. 2. A formal \ndocument stating reasons for opposition or grievance, 3. \nA formal protest against governmental policy, actions, \nor officials. remonstrate (ri-mon-strayt), vb, \nremote, adj. (ISc) 1. Far removed or separated in time, \nspace, or relation, 2. Slight. 3. Property. Beyond the 21 \nyears after some life in being by which a devise must \nvest. See RULE AGAINST PERPETUITIES. [Cases: Perpe\ntuities ~4(3).1 \nremote cause. See CAUSE (1), \nremote damages. See speculative damages (1) under \nDAMAGES. \nremoteness ofconsequence, Torts, The lack ofproximate \ncausation with respect to an alleged act by a defendant. \n Even if the plaintiff proves every other element for \ntortious liability, the defendant will not be liable if the \nharm suffered by the plaintiffis too far removed from \nthe defendant's conduct, -Also termed remoteness \nafdamage. \nremote possibility. See POSSIBILITY. \nremotis testibus (ri-moh-tis tes-ti-bds), [Latin] Hist. The \nwitnesses being absent \nremoval, n. (l6c) 1. The transfer or moving of a person \nor thing from one location, position, or residence to \nanother. 2. The transfer of an action from state to \nfederal court. In removing a case to federal court, a \nlitigant must timely file the removal papers and must \nshow a valid basis for federal-court jurisdiction. 28 \nUSCA  1441. Cf. REMAND (1). [Cases: Removal of \nCases c:r-:;::, 16.] -remove, vb. \ncivil-rights removal. (1964) Removal of a case from \nstate to federal court because a person: (1) has been \ndenied or cannot enforce a civil right in the state \ncourt, (2) is being sued for performing an act under \ncolor of authority derived from a law providing \nfor equal rights, or (3) is being sued for refUSing to \nperform an act that would be inconsistent with equal \nrights. [Cases: Removal ofCases C='70.] \nremoval action. Environmental law. An action, esp, \nunder CERCLA, intended to bring about the short-term \nabatement and cleanup of pollution (as by removing \nand disposing of toxic materials). See CERCLA, Cf. \nREMEDIAL ACTION, [Cases: Environmental Law \n439, 441.J \nremoval bond. See BOND (2). \nrem pupilli salvam fore (rem pyoo-pil-I sal-vdm \nfor-ee). [Latin] Roman law. The guarantee reqUired of \na guardian that the estate ofthe person under puberty \nwill be safe, \nREMT. abbr, REAL-ESTATE MORTGAGE TRUST, \nremuneration (ri-myoo-nd-ray-shJn), n, (ISc) 1. \nPayment; compensation, 2. The act of paying or \n\n1410 remunerative donation \ncompensating. -remunerative, adj. -remunerate, \nvb. \nremunerative donation. See DONATION. \nrencounter (ren-kown-t;)r). (16c) A hostile meeting or \ncontest; a battle or combat. -Also spelled rencontre \n(ren-kon-t;)r). \nrender, n. (14c) Hist. 1. A payment in money, goods, or \nservices made by a feudal tenant to the landlord. 2. A \nreturn conveyance made by the grantee to the grantor \nin a fine. See FINE (1). \nrender, vb. 1. To transmit or deliver <render payment>. \n2. (Of a judge) to deliver formally <render a judgment>. \n3. (Of a jury) to agree on and report formally <render a \nverdict>. 4. To pay as due <render an account>. \nrendezvous, n. 1. A place designated for meeting or \nassembly, esp. of troops or ships. 2. The meeting or \nassembly itself. \nrendition, n. (17c) 1. The action of making, delivering, \nor giving out, such as a legal decision. 2. lhe return ofa \nfugitive from one state to the state where the fugitive is \naccused or was convicted ofa crime. Also termed (in \nsense 2) interstate rendition. Cf. EXTRADITIO>l. [Cases: \nExtradition and Detainers 30.] \nerroneous rendition. See EXTRAORDINARY RENDITION. \nextraordinary rendition. The transfer, without formal \ncharges, trial, or court approval, ofa person suspected \nof being a terrorist or supporter ofa terrorist group \nto a foreign nation for imprisonment and interroga\ntion on behalf ofthe transferring nation . When an \ninnocent person is subjected to extraordinary rendi\ntion, it is also termed erroneous extradition. When \na transfer is made to a nation notorious for human\nrights violations, it may be colloquially termed torture \nby proxy or torture flight. \nrendition ofjudgment. (18c) The judge's oral or written \nruling containing the judgment entered. Cf. ENTRY OF \nJUDGMENT. [Cases; Federal Civil Procedure (;:::::>2621; \nJudgment (;:::::>215.] \nrendition warrant. See WARRANT (1). \nrenege (ri-nig or ri-neg), vb. (16c) To fail to keep a \npromise or commitment; to back out ofa deal. \nrenegotiable-rate mortgage. See MORTGAGE. \nrenegotiation, n. (1934) 1. The act or process of negoti\nating again or on different terms; a second or further \nnegotiation. 2. The reexamination and adjustment of \na government contract to eliminate or recover excess \nprofits by the contractor. [Cases: United States \n70(35).] -renegotiate, vb. \nrenewable term insurance. See INSURA>lCE. \nrenewal, n. (17c) 1. The act ofrestoring or reestablishing. \n2. Parliamentary law. The introduction or consider\nation ofa question already disposed of. -Also termed \nrenewal oj a motion. See restorative motion under \nMOTION (2). Cf. RECONSIDER. 3. The re-creation of a \nlegal relationship or the replacement ofan old contract \nwith a new contract, as opposed to the mere extension of a previous relationship or contract. Cf. EXTENSION \n(1); REVIVAL (1). [Cases: Contracts C-=>217.J -renew, \nvb. \nrenewal note. See NOTE (1). \nrenewal ofa motion. See RENEWAL (2). \nrenounce, vb. (14c) 1. To give up or abandon formally \n(a right or interest); to disclaim <renounce an inheri\ntance>. [Cases: Descent and Distribution Wills \n(;:::::>717.] 2. To refuse to follow or obey; to decline to \nrecognize or observe <renounce one's allegiance>. \nrenovare (ren-;)-vair-ee), vb. [Latin] Hist. To renew. \nrenovatio (ren-d-vay-shee-oh). [Latin] Hist. A renewal \n(as ofa lease). \nrent, n. (Be) l. Consideration paid, usu. periodically, for \nthe use or occupancy of property (esp. real property). \n[Cases: Landlord and Tenant (;:::::> 181.] \nceiling rent. The maximum rent that can be charged \nunder a rent-control regulation. [Cases: Landlord and \nTenant (:::=::0200.46.] \ncrop rent. The portion of a harvest given by a share\ncropper to a landlord as rent . Specific crop names, \nsuch as grain rent and potato rent, are commonly \nused. [Cases: Landlord and Tenant (;:::::>215.] \ndouble rent. Twice the amount ofrent agreed to; specif., \na penalty oftwice the amount ofrent against a tenant \nwho holds possession ofthe leased property after the \ndate provided in the tenant's notice to quit.  The \npenalty was provided by the Distress for Rent Act, \n1737, 11 Geo. 2., ch. 19,  13. [Cases: Landlord and \nTenant \ndry rent. 1. Rent reserved without a distress clause \nallOWing the rent to be collected by distress; rent that \ncan be collected only by an ordinary legal action. \nFormerly also termed rent seck. 2. See rent seck under \nRENT (2). \neconomic rent. See ECONOMIC RENT. \ngrain rent. See crop rent. \nground rent. 1. Rent paid by a tenant under a long-term \nlease for the use ofundeveloped land, usu. for the con\nstruction of a commercial building. -Also termed \nredeemable ground rent. See ground lease under LEASE. \n2. A heritable interest, in rental income from land, \nreserved by a grantor who conveys the land in fee \nsimple . This type ofground rent is found primarily \nin Maryland and Pennsylvania. -Also termed (in \nScots law) irredeemable ground rent; ground annual. \n[Cases: Estates in Property (;:::::> 13.] \nguild rent. Hist. Rent payable to the Crown by a \nguild. Also spelled gild-rent. \nirredeemable ground rent. See ground rent (2). \nnet rent. The rental price for property after payment of \nexpenses, such as utilities, and taxes. [Cases; \nLandlord and Tenant 210.] \nrack-rent. See RACK-RENT. \nredeemable ground rent. See ground rent (1). \n\n1411 \n2. Hist. A compensation or return made periodically \nby a tenant or occupant for the possession and use of \nlands or corporeal hereditaments; money, chattels, or \nservices issuing usu. annually out of lands and tene\nments as payment for use. \npeppercorn rent. A nominal rent that is far below the \nmarket rate. -The rent may be a mere token payment. \nHistorically in English law, some lease agreements \ncalled for a token annual rent payment of a Single \ndried berry ofblack pepper. See PEPPERCORN. \nquit rent. See QUIT RENT. \nrent charge. The right to receive an annual sum from \nthe income ofland, usu. in perpetuity, and to retake \npossession if the payments are in arrears. -Also \nspelled rent-charge; rentcharge. -Also termed \nfee-farm rent. \n\"Rentcharge is a rent with liberty to distrain. As when a \nman seised of land granteth by a deed poll, or by indenture, \na yearly rent going out of the same land to another in fee \nor feetail, or for a term of life, etc. with clause of distress, \nor maketh a feoffment in fee by indenture, reserving to \nhimself a certain yearly rent, with clause of distress.\" Sir \nHenry Finch, Law, or a Discourse Thereof 155 (1759). \n\"A rentcharge is an annual or periodic payment charged \nupon, and payable by the owner of, land. Unlike a rent \nservice, in the case of a rentcharge there is no tenure \nor privity of estate between the parties. The owner of a \nrentcharge has no tenurial relationship with the land upon \nwhich it is charged, A rentcharge is a species of incorporeal \nproperty, but, unlike an easement, is incorporeal property \nin gross, being enjoyed by the owner personally and not \nin the capacity of proprietor of land,\" Peter Butt, Land Law \n330 (2d ed, 1988), \nrent"}
{"text": "capacity of proprietor of land,\" Peter Butt, Land Law \n330 (2d ed, 1988), \nrent seck. Hist, A rent reserved by deed but without \nany clause ofdistress. -Also spelled rent-seck; rent\nsec. -Also termed dry rent. PI. rents seck. \n\"But rents-seck have long ceased to exist, because the \ninability of their owners to distrain was abolished by the \nLandlord and Tenant Act, 1730 (4 George II), which enacted \nthat the owners of rents' seck, rents of assize and chief \nrents should have the same remedy by distress as existed \nin the case of rent reserved upon lease.\" G.c. Cheshire, \nModern Law ofReal Property 199 (3d ed, 1933), \n\"At common law, the relationship of lord and tenant carried \nwith it an automatic right of distress for any rent. If no such \nrelationship existed, there was no common law right of \ndistress, and consequently an express clause of distress \nwas frequently inserted when reserving the rent. A rent \nsupported by no right of distress was known as a rent seck \n(from the Latin siccus, dry, barren) . , .. Rent seck ceased \nto exist many years ago, for by the landlord and Tenant \nAct 1730, the owners of rents seck were given the same \nrights of distress as a landlord has against his tenant under \na lease, namely, a right to distrain as soon as the rent is \nin arrear.\" Robert E, Megarry & p,v. Baker, A Manual of the \nLaw ofReal Property 409 (4th ed, 1969), \nrent service. A rent with some corporeal service incident \nto it (as by fealty) and with a right ofdistress, Also \nwritten rent-service, \n\"[Rjentservice exists only where the relation of landlord \nand tenant is found, and in such a case rent derives its \nname from the fact that it was given as a substitute for \nthe services to which the land was originally liable,\" G,c' \nCheshire, Modern Law ofReal Property 198 (3d ed, 1933), rentcharge \n3. Civil law. A contract by which one party conveys \nto another party a tract ofland or other immovable \nproperty, to be held by the other party as owner and \nin perpetuity, in exchange for payment of an annual \nsum of money or quantity of fruits. -Under Louisi\nana law, the rent is essentially redeemable even though \nstipulated to be perpetual. The seller may set the terms \nof the redemption, which must take place after a stip\nulated time (not to exceed 30 years) La. Civ. Code \nart. 2788. See FRUIT (2), -Also termed rent oflands. \n[Cases: Landlord and Tenant ~l81.] 4. 1he difference \nbetween the actual return from a commodity or service \nand the cost of supplying it; the difference between \nrevenue and opportunity cost. -rent, vb. \nrentage. (17c) Rent or rental. \nrent-a-judging. See PRIVATE JUDGI~G. \nrental, n, (14c) 1. The amount received as rent. \ncrescendo rental. A rent payment that gradually \nincreases at fixed periods during the lease term. \ndelay rental. Oil & gas. A periodic payment made by \nan oil-and-gas lessee to postpone exploration during \nthe primary lease term. See DRILLING-DELAY RENTAL \nCLAUSE; \"or\" lease, \"unless\" lease under LEASE; PAID-UP \nLEASE. [Cases: Mines and Minerals ~78.1(3).] \nnet rental. The amount remaining after deducting all \nexpenses from the gross rental income. \n2. The income received from rent. 3. A record of \npayments received from rent. rental, adj. \nrent, vb. 1. To pay for the use of another's property. \n[Cases: Landlord and Tenant 181.] 2. Hist. Slang. \nEXTORT (2), \nRental and Related Rights Directive. See DIRECTIVE \nON RENTAL, LENDING A~D CERTAIN NEIGHBORING \nRIGHTS. \nRental Directive. See DIRECTIVE O~ RENTAL, LE~mING \nAND CERTAIN NEIGHBORING RIGHTS. \nrental division order. Oil & gas. A stipulation signed by \nthose entitled to delay rentals, stating what interest each \nowns and how much rental each is to receive. [Cases: \nMines and Minerals ~79.1(3).] \nrental right. Copyright, The power ofa copyright owner \nto control the use of copies of the work beyond the \nfirst sale, when that use involves offering the copy \nto the public for temporary use for a fee (as at a store \nrenting DVDs and videotapes) or some other commer\ncial advantage (as at a hotel offering the loan ofDVDs \nor videotapes). -Rental rights are recognized among \nmembers of the European Commission and under \nTRIPs. The right also applies to the rental of computer \nsoftware. [Cases: Copyrights and Intellectual Property \nC--=38.5,) \nrentcharge. The right to receive an annual sum from the \nincome ofland, usu. in perpetuity, and to retake pos\nsession ifthe payments are in arrears. Also spelled \nrent-charge; rent charge. -Also termed fee-farm rent. \n\"Rent-charge is a rent with liberty to distrain. As when a \nman seised of land granteth by a deed poll, or by indenture, \n\nrent control 1412 \na yearly rent going out of the same land to another in fee \nor fee-tail, or for a term of life, etc with clause of distress, \nor maketh a feoffment in fee by indenture, reserving to \nhimself a certain yearly rent, with clause of distress_\" Sir \nHenry Finch, Law, or a Discourse Thereof 155 (1759). \n\"A rentcharge is an annual or periodic payment charged \nupon, and payable by the owner of, land. Unlike a rent \nservice, in the case of a rentcharge there is no tenure \nor privity of estate between the parties. The owner of a \nrentcharge has no tenurial relationship with the land upon \nwhich it is charged. A rentcharge is a species of incorporeal \nproperty, but, unlike an easement, is incorporeal property \nin gross, being enjoyed by the owner personally and not \nin the capacity of proprietor of land.\" Peter Butt, Land Law \n330 (2d ed. 1988). \necclesiastical-tithe rentcharge. Hist. English law. A \nrentcharge attached to a benefice or ecclesiastical cor\nporation. Under the Tithe Act 1925, a landowner \nliable for an ecclesiastical-tithe rentcharge could \nredeem the land and discharge the tithe obligation \nby making an annual sinking-fund payment to Queen \nAnne's Bounty. The tithe was due for 81.5 years ifthe \nrentcharge was attached to a corporation or 85 years \nif the rentcharge was attached to a benefice. The law \nwas repealed in 1998. See QUEEN ANNE'S BOUNTY; \nBENEFICE. \nrent control. (1931) A restriction imposed, usu. by \nmunicipal legislation, on the maximum rent that a \nlandlord may charge for rental property, and often on \na landlord's power of eviction. [Cases: Landlord and \nTenant C:=>200.10-200.83, 278.1.] \nrente (rawnt), n. [French \"income, rent\"] French law. L \nAnnual income or rent. \nrente fonciere (fawn-syair) [French \"ground rent\"] A \nrent that is payable for the use of land and is per\npetual. \nrente viagere (vee-ah-zhair). [French \"life rent\"] A rent \ncharge or annuity that is payable for life; a life interest \nor annuity. \n2. (usu. pl.) Interest paid annually by the French gov\nernment on the public debt; a government stock, bond, \nor annuity. \nrentee. Rare. A tenant. \nrente fonciere. See RENTE. \nrente viagere. See RENTE. \nrentier (rawn-tyay). [French]l. A person who owns or \nholds rentes. See RENTE. 2. A person who makes or lives \noff an income from property or investment; a stock\nholder or annuitant. \nrent oflands. See RENT (3). \nrent seck. See RENT (2). \nrent-seeking, n. Economic behavior motivated by an \nincentive to overproduce goods that will yield a return \ngreater than the cost ofproduction . The term is often \nused in the field oflaw and economics. See RENT (4). \nrent service. See RENT (2). \nrents, issues, and profits. (17c) The total income or profit \narising from the ownership or possession of property. rent strike. (1964) A refusal by a group of tenants to \npay rent until grievances with the landlord are heard \nor settled. \nrenunciation (ri-ndn-see-ay-sh;m), n. (l4c) 1. The express \nor tacit abandonment of a right without transferring \nit to another. 2. Wills & estates. The act of waiving a \nright under a will.  At one time, one renounced an \ninheritance by intestacy and disclaimed a gift by will. \nToday disclaim is common in both situations. -Also \ntermed (in sense 2) disclaimer. See RIGHT OF ELECTION. \nCf. DISCLAIMER. [Cases: Descent and Distribution ~ \n72; Wills ~717.] 3. Criminal law. Complete and vol\nuntary abandonment of criminal purpose -some\ntimes coupled with an attempt to thwart the activity's \nsuccess -before a crime is committed . Renuncia\ntion can be an affirmative defense to attempt, conspir\nacy, and the like. Model Penal Code  5.01(4). -Also \ntermed withdrawal; abandonment. [Cases: Conspir\nacy ~40.4.] 4. See anticipatory repudiation under \nREPUDIATION. -renunciative, renunciatory, adj. \nrenounce, vb. \nrenvoi (ren-voy), n. [French \"sending back\"] 1. The \ndoctrine under which a court in resorting to foreign law \nadopts as well the foreign law's conflict-of-Iaws prin\nciples, which may in turn refer the court back to the \nlaw ofthe forum. [Cases: Action C:=> 17.] 2. The problem \narising when one state's rule on conflict oflaws refers a \ncase to the law ofanother state, and that second state's \nconflict-of-Iaw rule refers the case either back to the \nlaw of the first state or to a third state. See CONFLICT \nOF LAWS. 3. RECONDUCTION (2). \nREO. abbr. REAL ESTATE OWNED. \nreo absente (ree-oh ab-sten-tee). [Latin] The defendant \nbeing absent; the absence of the defendant. \nreopen. (Of a court) to review (an otherwise final and \nnonappealable judgment) for the purpose of possibly \ngranting or modifying relief.  A court will reopen a \njudgment or case only in highly unusual circumstances. \nSee Fed. R. Civ. P. 60. [Cases: Federal Civil Procedure \n~2641; Judgment ~336.] \nreo praesente (ree-oh pri-zen-tee). [Latin] Hist. The \ndefendant being present; the presence of the defen\ndant. \nreorganization, n. 1. Bankruptcy. A financial restruc\nturing ofa corporation, esp. in the repayment ofdebts, \nunder a plan created by a trustee and approved by a \ncourt. See CHAPTER 11. [Cases: Bankruptcy~3501.] \nhaircut reorganization. A restructuring that reduces \nthe principal amount ofindebtedness owed to credi\ntors. The more common usage is simply haircut <we \ntook a haircut on that deal>. \n2. Tax. A restructuring ofa corporation, as by a merger \nor recapitalization, in order to improve its tax treat\nment under the Internal Revenue Code . The Code \nclassifies the various types ofreorganizations with dif\nferent letters. IRC (26 USCA)  368(a)(I). Cf. RECAPI\nTALIZATION. \n\n1413 replevin \nA reorganization. A reorganization involving a merger \nor consolidation under a specific state statute. [Cases: \nInternal Revenue (;=3668.] \nB reorganization. A reorganization in which one cor\nporation exchanges its voting shares for another cor\nporation's voting shares. [Cases: Internal Revenue \n3669.] \nC reorganization. A reorganization in which one cor\nporation exchanges its voting shares for substantially \nall the assets ofanother corporation. [Cases: Internal \nRevenue (;:::>3670.] \nD reorganization. A reorganization in which the cor\nporation transfers some or all of its assets to another \ncorporation that is controlled by the transferor or \nits shareholders, and then the stock of the transferee \ncorporation is distributed. [Cases: Internal Revenue \nC::::>3670.J \nE reorganization. A reorganization involVing a recapi\ntalization. [Cases: Internal Revenue (;:::>3671.) \nF reorganization. A reorganization involving a mere \nchange in a corporation's identity, form, or place of \norganization. [Cases: Internal Revenue C=:>3672.J \nGreorganization. A reorganization involving a transfer \nof all or part of the corporation's assets to another \ncorporation in a bankruptcy or similar proceeding. \n[Cases: Internal Revenue C=~; 3673.] \nreorganization bond. See adjustment bond under BOND \n(3). \nreorganization plan. Bankruptcy. A plan of restruc\nturing submitted by a corporation for approval by the \ncourt in a Chapter 11 case. See CHAPTER 11. [Cases: \nBankruptcy (;=3531-3570. J \nrep. abbr. 1. REPORT. 2. REPORTER. 3. REPRESENTATIVE. \n4. REPUBLIC. \nrepair-and-replace provision. A contractual clause \nproViding that a product's defect will be remedied by \nrepairing or replacing the defective part or product. \n[Cases: Sales (;:::>286, 41S(6).] \nrepair"}
{"text": "part or product. \n[Cases: Sales (;:::>286, 41S(6).] \nrepair doctrine. Patents. The rule that a licensee \nwho is authorized to produce, use, or distribute a \npatented device also has the right to repair and replace \nunpatented components. Also termed permissible\nrepair doctrine. Cf. RECONSTRUCTION. [Cases: Patents \nC=:>255.) \nreparable injury. See INJURY. \nreparation (rep-d-ray-sh;m). (14c) 1. The act of making \namends for a wrong. 2. (usu. pl.) Compensation for an \ninjury or wrong, esp. for wartime damages or breach \nof an international obligation. \nreparationefacienda. See DE REPARATIONE FACIENDA. \nreparative injunction. See INJUNCTION. \nreparole. (1916) A second release from prison on parole, \nserved under the same sentence for which the parolee \nserved the first term of parole. [Cases: Pardon and \nParole (;:::>72.1.] repeal, n. (16c) RESCIND (3); esp., abrogation of an \nexisting law by legislative act. [Cases: Statutes \n149-170, 232.J repeal, vb. \nexpress repeal. (17c) Repeal by specific declaration in \na new statute or main motion. [Cases: Statutes \n151.] \nimplied repeal. (ISc) Repeal by irreconcilable conflict \nbetween an old law or main motion and a more recent \nlaw or motion. Also termed repeal by implication. \n[Cases: Statutes (;=159.J \nrepeal by implication. See implied repeal. \nrepealer. 1. A legislative act abrogating an earlier law. \nAlso termed repealing act. [Cases: Statutes (;=149-170, \n2. One who repeals. \nrepealing clause. (17c) A statutory provision that repeals \nan earlier statute. \nrepealing statute. See STATUTE. \nrepeater. See RECIDIVIST. \nrepeat offender. See OFFENDER. \nrepetition. Civil law. A demand or action for restitution \nor repayment. See SOLUTIO INDEBITI. \nrepetitum namium (ri-pet-d-t<lm nay-mee-dm). [Law \nLatin] Hist. A second, repeated, or reciprocal distress; \nWITHERNAM. \nrepetundae (rep-<l-t<ln-dee). [Latin \"things or money \nclaimed back\"] Roman law. See RES REPETUNDAE. \nreplacement cost. See COST (1). \nreplacement-cost depreciation method. See DEPRECIA\nTION METHOD. \nreplacement insurance. See INSURANCE. \nreplead, vb. (l6c) 1. To plead again or anew; to file a new \npleading, esp. to correct a defect in an earlier pleading. \n[Cases: Federal Civil Procedure (;:::> 1S38; Pretrial Pro\ncedure (;=695.] 2. To make a repleader. \nrepleader (ree-plee-ddr). (17c) Common-law pleading. A \ncourt order or judgment -issued on the motion of a \nparty who suffered an adverse judgment -requiring \nthe parties to file new pleadings because ofsome defect \nin the original pleadings. Also termed judgment of \nrepleader. See MOTION FOR REPLEADER.[Cases: Pleading \nC=>286.] \nreplegiare (ri-plee-jee-air-ee), vb. [Law Latin] Hist. To \ntake back on pledge or surety; to replevy. \nrepleviable (ri-plev-ee-d-b<ll), adj. (16c) Capable of \nbeing replevied; recoverable by replevin <repleviable \nproperty>. Also spelled replevisable (ri-plev-d-sd\nb<ll). Cf. IRREPLEVIABLE. [Cases: Replevin (;:::>3.) \nreplevin (ri-pJev-in), n. (17c) 1. An action for the repos\nsession of personal property wrongfully taken or \ndetained by the defendant, whereby the plaintiff gives \nsecurity for and holds the property until the court \ndecides who owns it. Also termed claim and delivery. \n[Cases: Replevin (;:::>1.) 2. A writ obtained from a court \nauthorizing the retaking of personal property wrong\nfully taken or detained. -Also termed (in sense 2) \n\n1414 replevin \nwrit ofreplevin. Cf. DETINUE; TROVER. [Cases: Replevin \n(;=>34.) \n\"The action of replevin lies, where specific personal \nproperty has been wrongfully taken and is wrongfully \ndetained, to recover possession of the property, together \nwith damages for its detention. To support the action it \nis necessary' (a) That the property shall be personal. (b) \nThat the plaintiff, at the time of suit, shall be entitled to the \nimmediate possession. (c) That (at common law) the defen\ndant shall have wrongfully taken the property (replevin in \nthe cepit). But, by statute in most states, the action will now \nalso lie where the property is wrongfully detained, though \nit was lawfully obtained in the first instance (replevin in the \ndetinet). (d) That the property shall be wrongfully detained \nby the defendant at the time of suit.\" Benjaminj. Shipman, \nHandbook of Common-Law Pleading  49, at 120 (Henry \nWinthrop Ballantine ed., 3d ed. 1923). \n\"In rare cases, the plaintiff might seek equitable relief to \nsecure return of a chattel. More commonly, the claim for \nrecovery of the chattel was pursued at common law under \nforms of action such as Detinue or Replevin. American \nstatutes or court rules tracked the common law generally, \nreferring to the recovery variously as replevin, detinue, \nclaim-anddelivery, or sequestration. The statutes usually \nallowed the plaintiff to recover the disputed chattel before \ntrial, though this is now subject to constitutional limits \nwhich have led to procedural revisions in many of the \nstatutes.\" 1 Dan B. Dobbs, Law of Remedies  5.17(1), at \n917 (2d ed. 1993). \npersonal replevin. (1844) At common law, an action \nto replevy a person out of prison or out of another's \ncustody. - Personal replevin has been largely super\nseded by the writ of habeas corpus as a means of \ninvestigating the legality of an imprisonment. See \nHABEAS CORPUS. \nreplevin in cepit (in see-pit). (18c) An action for the \nrepossession ofproperty that is both wrongfully taken \nand wrongfully detained. [Cases: Replevin C::-9.] \nreplevin in detinet (in det-i-net). (18c) An action for the \nrepossession of property that is rightfully taken but \nwrongfully detained. [Cases: Replevin C::-9.] \nreplevin, vb. Archaic. REPLEVY. \nreplevin bond, See BOND (2). \nreplevisable. See REPLEVIABLE. \nreplevisor (ri-plev-<'l-s<'lr). The plaintiff in a repleVin \naction. \nreplevy (ri-plev-ee), n. Archaic. REPLEVIN. \nreplevy, vb. (16c) 1. To recover possession of (goods) by a \nwrit of replevin. [Cases: Replevin C::=> 1.J 2. To recover \n(goods) by replevin. 3. Archaic. To bail (a prisoner). \nreplevy bond. See replevin bond under BOND (2). \nrepliant (ri-ph-<'lnt). (16c) A party who makes a replica\ntion (Le., a common-law reply). -Also termed repli\ncant. \nreplicare (rep-l<'l-kair-ee), vb. [Latin] Hist. To reply; to \nanswer a defendant's plea. \nreplicatio (rep-li-kay-shee-oh), n. [Latin] Roman law. A \nplaintiff's rejection of what a defendant asserted in an \nexceptio; a counterexception. PL replicationes (rep-li\nkay-shee-oh-neez). Cf. TRIPLICATIO; QUADRUPLICA\nno. replication (rep-l<'l-kay-sh<'ln). (lSc) A plaintiff's or com\nplainant's reply to a defendant's plea or answer; REPLY \n(2). [Cases: Pleading \nanticipatory replication. Equity pleading. In an \noriginal bill, the denial of defensive matters that the \ndefendant might assert. - A defendant who relies on \nthe anticipated defense must traverse the anticipatory \nmatter in addition to setting up the defense. [Cases: \nEquity C::-133.) \ngeneral replication. Equity pleading. A replication con\nSisting ofa general denial of the defendant's plea or \nanswer and an assertion of the truth and sufficiency \nof the bill. [Cases: Equity (;':::\"207.J \nreplication de injuria. Common-law pleading. A \ntraverse occurring only in the replication whereby \nthe plaintiff is permitted to traverse the whole sub\nstance of a plea consisting merely of legal excuse, \nwhen the matter does not involve a title or interest in \nland, authority oflaw, authority of fact derived from \nthe opposing party, or any matter of record. -Also \ntermed replication de injuria sua propria, absque tali \ncausa. [Cases: Pleading (;':=) 179.) \nreplication perfraudem. Common-law pleading. A rep\nlication asserting that the discharge pleaded by the \ndefendant was obtained by fraud. \nspecial replication. Equity pleading. A replication that \nputs in issue a new fact to counter a new matter raised \nin the defendant's plea or answer. [Cases: EquityC::\n209.J \nreply, n. (18c) 1. Civil procedure. In federal practice, the \nplaintiff's response to the defendant's counterclaim \n(or, by court order, to the defendant's or a third party's \nanswer). Fed. R. Civ. P. 7(a). [Cases: Federal Civil Proce\ndure C::-80I-81S.]2. Common-law pleading.1he plain\ntiff's response to the defendant's plea or answer. -The \nreply is the plaintiff's second pleading, and it is followed \nby the defendant's rejoinder. Also termed (in sense \n2) replication. [Cases: Pleading C::-162, 164.] -reply, \nvb. \nreply brief. See BRlEF. \nrepo (ree-poh). 1. REPOSSESSION. 2. REPURCHASE AGREE\nMENT. \nreport, n. (14c) 1. Aformal oral or written presentation \noffacts or a recommendation for action <according to \nthe treasurer's report, there is $300 in the bank>. \ncommittee report. Parliamentary law. A report from \na committee to a deliberative assembly on business \nreferred to the committee or on a matter otherwise \nunder its charge. \ninformational report. Parliamentary law. A report \nwithout a recommendation for action. \ninsider report. Securities. A monthly report that must \nbe filed with the SEC when more than 10% of a com\npany's stock is traded. \nmajority report. Parliamentary law. A committee \nreport, as distingUished from a minority report. See \ncommittee report. Cf. minority report. \n\n1415 \nminority report. Parliamentary law. A report by a \nmember or members who dissent from a commit\ntee report, setting forth their views, and sometimes \nproposing an alternative recommendation . Some \norganizatiom require that a minority must reach a \ncertain size (or obtain permission) before it can file a \nreport. A typical minimum is one-fourth ofthe com\nmittee's members, which guarantees that not more \nthan one minority report will result. \nofficer's report. Parliamentary law. A report from an \nofficer to an organization or deliberative assembly on \nbusiness relating to the officer's duties or on a matter \notherwise under the officer's charge. \nreport with recommendation. Parliamentary law. \nA report accompanied by a recommendation for \naction. \n2. A written account of a court proceeding and \njudicial decision <the law clerk sent the court's report \nto counsel for both sides>. [Cases: Courts 103.] 3. \n(usu. pl.) A published volume of judicial decisions by \na particular court or group of courts <u.s. Reports> . \n Generally, these decisions are first printed in tem\nporary paperback volumes, and then printed in hard\nbound reporter volumes. Law reports may be either \nofficial (published by a government entity) or unoffi\ncial (published by a private publisher). Court citations \nfrequently include the names of both the official and \nunofficial reports. -Also termed reporter; law report; \nlaw reporter. Cf. ADVANCE SHEETS. [Cases: Courts (::::> \n103; Reports \nofficial report. (usu. pI.) The governmentally approved \nset of reported cases within a jurisdiction. \n[Cases: Courts 103; Reports \n\"[lIt may justly be said that all reports are in a sense \n'official,' or that to use the term 'official reports' as refer\nring to any particular series of reports is a misnomer, for \nit is certainly misleading. The mere fact that each state \nauthorizes or requires publication of reports of its Supreme \nCourt decisions, and, to insure such publication, agrees to \npurchase a stated number of each volume of the reports, \ncannot be said to give such a series pre-eminence as an \n'official' publication,\" William M. Lile et aI., Brief Making \nand the Use ofLaw Books 33 (3d ed. 1914). \n4. (usu. pl.) A collection of administrative decisions by \none or more administrative agencies. [Cases: Adminis\ntrative Law and Procedure (::::>507.]5. MINUTES (2).\nAbbr. rep. -report, vb. \nreport agenda. See report calendar under CALENDAR \n(4). \nreport calendar. See CALENDAR (4). \nreporter. (14c) 1. A person responsible for making and \npublishing a report; esp., a lawyer"}
{"text": "4). \nreporter. (14c) 1. A person responsible for making and \npublishing a report; esp., a lawyer-consultant who \nprepares drafts of official or semi-official writings \nsuch as court rules or Restatements <the reporter to the \nAdvisory Committee on Bankruptcy Rules explained \nthe various amendments>. [Cases: Reports (::::>3.J 2. \nREPORTER OF DECISIONS. 3. REPORT (3) <Supreme \nCourt Reporter>. -Abbr. rep.; rptr. \n\"It may not come amiss to remark that the National Report \nSystem is usually spoken of as the 'Reporters,' and one representation \nof the component parts of that system is in like manner \nspoken of as a 'Reporter.' Wherever, in this or the succeed \ning chapters of this work, the word is used with a capital, it \nrefers to one or more of the parts of the National Reporter \nSystem. When the word 'reporter' is used without capital \nization, it refers to the person who reports or edits the \ncases in any series of reports to which reference is being \nmade.\" William M. Lile et aI., Brief Making and the Use of \nLaw Books 37 (3d ed, 1914). \nreporter of decisions. (1839) Ihe person responsible for \npublishing a court's opinions . The position began \nhistorically -in the years before systematic reporting \nof decisions was introduced -when lawyers attended \nthe sessions ofparticular courts, were accredited to \nthem by the judges, and reported the decisions ofthat \ncourt. Today, the reporter of decisions holds an admin\nistrative post as a court employee. The reporter often \nhas duties that include verifying citations, correcting \nspelling and punctuation, and suggesting minor edito\nrial improvements before judicial opinions are released \nor published. -Often shortened to reporter. -Also \ntermed court reporter. See COURT REPORTER. [Cases: \nCourts <8:::> 103; Reports \nreporter's privilege. See journaliSt's privilege (1) under \nPRIVILEGE (3). \nreporter's record. 1. See RECORD. 2. See TRANSCRIPT. \nreporter's syllabus. See HEADNOTE. \nreporting company. See COMPANY. \nreport ofproceedings. See TRANSCRIPT. \nreports, n. See REPORT. \nReports, The. A series of13 volumes of caselaw published \nin the 17th century by Sir Edward Coke. \nreport with recommendation. See REPORT (1). \nrepose (ri-pohz), n. (16c) 1. Cessation of activity; tem\nporary rest. 2. A statutory period after which an action \ncannot be brought in court, even ifit expires before the \nplaintiff suffers any injury. See STATUTE OF REPOSE. \n[Cases: Limitation of Actions 165.] \nrepository (ri-poz-a-tor-ee). (15c) A place where some\nthing is deposited or stored; a warehouse or store\nhouse. \nrepossession, n. (15c) The act Of an instance ofretaking \nproperty; esp., a seller's retaking ofgoods sold on credit \nwhen the buyer has failed to pay for them. Often \nshortened to repo. Cf. FORECLOSURE; RESCUE (3). \n[Cases: Secured Transactions C-=>228.] -repossess, \nvb. \nrepresentation, n. (16c) 1. A presentation offact -either \nby words or by conduct made to induce someone to \nact, esp. to enter into a contract; esp., the manifestation \nto another that a fact, including a state of mind, exists \n<the buyer relied on the seller's representation that the \nroof did not leak>. Cf. MISREPRESENTATION. [Cases: \nI'raud \n\"Representation ... may introduce terms into a contract \nand affect performance: or it may induce a contract and so \naffect the intention of one of the parties, and the formation \nof the contract.. , . At common law, . , , if a representa\ntion did not afterwards become a substantive part of the \n\n1416 representation, estoppel by \ncontract, its untruth (save in certain excepted cases and \napart always from fraud) was immaterial. But if it did. it \nmight be one of two things: (I) it might be regarded by \nthe parties as a vital term going to the root of the contract \n(when it is usually called a 'condition'); and in this case its \nuntruth entitles the injured party to repudiate the whole \ncontract; or (2) it might be a term in the nature only of an \nindependent subsidiary promise (when it is usually called a \n'warranty'), which is indeed a part of the contract, but does \nnot go to the root of it; in this case its untruth only gives \nrise to an action ex contractu for damages, and does not \nentitle the injured party to repudiate the whole contract.\" \nWilliam R. Anson, Principles ofthe Law ofContract 218, 222 \n(Arthur L. Corbin ed., 3d Am. ed. 1919). \naffirmative representation. (1842) A representation \nasserting the existence ofcertain facts to \na given subject matter. [Cases: Contracts \nFraud C:~)9.) \nfalse representation. See MISREPRESENTATION. \nmaterial representation. (lBc) A representation to \nwhich a reasonable person would attach importance \nin deciding his or her course of action in a transac\ntion. Material representation is a element \nof an action for fraud, [Cases: Contracts \nFraud C=::' lB.) \npromissory representation. (1842) A representation \nabout what one will do in the future; esp\" a repre\nsentation made by an insured about what will happen \nduring the time of coverage, stated as a matter \nof expectation and amounting to an enforceable \npromise, [Cases: Fraud C=:) 12; Insurance \n2. The act or an instance of standing for or acting on \nbehalf of another, esp, by a lawyer on behalf ofa client \n<Clarence Darrow's representation ofJohn \n[Cases: Attorney and Client C=:'>77-lOl.J \nconcurrent representation. The simultaneous repre\nsentation ofmore than one person in the same matter, \nSee CONFLICT OF INTEREST (2), \n3. The fact ofa litigant's having such a close alignment \nof interests with another person that the other is con\nsidered as having been present in the litigation <the \nnamed plaintiff provided adequate representation for \nthe absent class members>, \nadequate representation. (1939) A close alignment of \ninterests between actual parties and potential parties \nin a lawsuit, so that the interests of potential parties \nare sufficiently protected by the actual parties . The \nconcept of adequate representation is often used in \nprocedural contexts, For example, if a case is to be \ncertified as a class action, there must be adequate rep\nresentation by the named plaintiffs ofall the poten\ntial class members. Fed. R, eiv. P. 23(a)(4), And if a \nnonparty is to intervene in a lawsuit, there must not \nalready be adequate representation of the nonparty \nby an existing party, Fed, R. Civ. P, 24(a)(2), [Cases: \nFederal Civil Procedure 164, 316; Parties \n35.13,41,J \nvirtual representation. (1934) A party's maintenance \nof an action on behalf ofothers with a similar interest, \nas a class representative does in a class action, See VIRTUAL-REPRESENTATION DOCTRINE. lCases: \nFederal Civil Procedure 103,2, 163; Judgment \nParties \n4. The assumption by an heir ofthe rights ofhis or her \npredecessor <each child takes a share by representa\ntion>, See PER STIRPES, [Cases: Wills G=550,)5. (usu, \npi,) InCllaw, A friendly but firm statement of a per\nceived wrong,  This is the mildest form ofcomplaint \nthat one nation can make to another. -Also termed \ndiplomatic representation. -represent, vb. \n\"Representations are in the nature of vigorous arguments \nemployed in the hope of securing a modification of the \naction complained of withom implying necessarily or \nexpressly an intention ultimately to seek redress by more \nvigorous means,\" Ellery C. Stowell, International Law: A \nRestatement ofPrinciples in Conformity with Actual Practice \n427 (1931). \nrepresentation, estoppel by. See estoppel by representa\ntion under ESTOPPEL. \nrepresentation election. See ELECTIO~ (3). \nrepresentative, n, (17c) 1. One who stands for or acts on \nbehalf of another <the owner was the football team's \nrepresentative at the labor negotiations>. See AGENT (2). \n[Cases: Principal and Agent C=> L] \naccredited representative. (1846) A person with des\nignated authority to act on behalf of another person, \ngroup, or organization, usu, by being granted that \nauthority by law or by the rules ofthe group or orga\nnization <as an officer of the union, she was the \naccredited representative of the employees in the \nwage dispute>, \nclass representative. (1942) A person who sues on \nbehalf of a group of plaintiffs in a class action. -Also \ntermed named plaintiff. See CLASS ACTION, [Cases: \nFederal Civil Procedure C=> 164; Parties (;:::::> 35.13.] \nindependent personal representative. See personal \nrepresentative. \nlawful representative. (l7c) 1. A legal heir. 2. An \nexecutor, administrator, or other legal representa\ntive, -Also termed legal representative, See personal \nrepresentative, [Cases: Executors and Administrators \n(;:::::> 14-18,) \nlegal-personal representative. (l8c) L When used by \na testator referring to personal property, an executor \nor administrator. [Cases: Executors and Administra\ntors (;:::::> 14-18.] 2, When used by a testator referring \nto real property, one to whom the real estate passes \nimmediately upon the testator's death, 3. When used \nconcerning the death ofa mariner at sea, the public \nadministrator, executor, or appointed administrator \nin the seaman's state ofresidence. \nlegal representative. 1. See lawful representative, 2. See \npersonal representative. \npersonal representative. (l8c) A person who manages \nthe legal affairs of another because of incapacity \nor death, such as the executor ofan estate . Tech\nnically, an executor is a personal representative \nnamed in a will, while an administrator is a personal \n\n1417 \nrepresentative not named in a will. -Also termed \nindependent personal representative; legal represen\ntative. [Cases: Executors and Administrators ~, \n14-18.) \nregistered representative. (1945) A person approved \nby the SEC and stock exchanges to sell securities to \nthe public. Formerly also termed customer's man; \ncustomer's person. [Cases: Securities Regulation \n40.12-40.14.) \n2. A member of a legislature, esp. of the lower house \n<one senator and one representative attended the \nrally>. [Cases: States C=c28.] -Abbr. rep. \nrepresentative action. (1911) 1. CLASS ACTION. 2. DERIV\nATIVE ACTION (1). \nrepresentative capacity. See CAPACITY (1). \nrepresentee. One to whom a representation is made. \n\"First, where the representor can show that he was not \nnegligent, he will not be liable under the 1967 Act; and \nsecondly, where the representee wants to claim damages at \nthe contractual rate, for loss of his bargain, it may be that \nthe Misrepresentation Act will not suffice.\" P.S. Atiyah, An \nIntroduction to the Law ofContract 165 (3d ed. 1981). \nrepresentor. One who makes a representation. \n\"[I]t is arguable that even where a contracting party does \nnot intend to guarantee the accuracy of what he says, the \nother party is at least entitled to assume that due care has \nbeen taken by the representor.\" P.S. Atiyah, An Introduction \nto the Law ofContract 309 (3d ed. 1981). \nrepressed-memory syndrome. A memory disorder char\nacterized by an intermittent and extensive inability to \nrecall important personal information, usu. following \nor concerning a traumatic or highly stressful occur\nrence, when the memory lapses cannot be dismissed as \nnormal forgetfulness. -The theoretical basis for this \nsyndrome was proposed by Sigmund Freud in 1895. \nlhe American Psychiatric Association has recognized \nthe syndrome officially by the medical term dissocia\ntive amnesia. Although the APA has affirmed that some \npeople suffering partial or total dissociative amnesia \nmay later recover some or all ofthe memory of the trau\nmatic or stressful event, the existence ofthe syndrome \nis controversial. Some studies indicate that \"repressed\" \nmemories, at least in some patients, may be a product \nofsuggestions made by mental-health therapists rather \nthan of any actual experience. Abbr. RMS. Also \ntermed recovered-memory syndrome; dissociative \namnesia. Cf. FALSE-MEMORY SYNDROME. \nrepressive tax. See sin tax under TAX. \nreprieve (ri-preev), n. (l6c) Temporary postponement \nofthe carrying out of a criminal sentence, esp. a death \nsentence. Cf. COMMUTATION (2); PARDON. [Cases: \nPardon and Parole -reprieve, vb. \n'The term reprieve is derived from reprendre, to keep \nback, and signifies the withdrawing of the sentence for \nan interval of time, and operates in delay of execution.\" \n1 Joseph Chitty, A Practical Treatise on the Criminal Law \n757 (2d ed, 1826). \nreprimand, n. (17c) In professional responsibility, a form \nof disciplinary action -imposed after trial or formal reprise \ncharges -that declares the lawyer's conduct improper \nbut does not limit his or her right to practice law; a \nmild form of lawyer discipline that does not restrict \nthe lawyer's ability to practice law. [Cases: Attorney and \nClient (;::59.7,59.8.] reprimand, vb. \nprivate reprimand. An unpublished communica\ntion between a diSciplinary agency and a wrongdo\ning attorney, admonishing the attorney about the \n"}
{"text": "lished communica\ntion between a diSciplinary agency and a wrongdo\ning attorney, admonishing the attorney about the \nimproper conduct. -Sometimes a published repri\nmand that does not identify the lawyer by name is \nconsidered a private reprimand. [Cases: Attorney and \nClient C=c59.7.] \npublic reprimand. A published notice, appearing usu. \nin a legal newspaper or bar journal, admonishing \nthe attorney about improper conduct and describ\ning the impropriety for the benefit of other members \nof the legal profession. [Cases: Attorney and Client \nC=c59.8.] \nreprisal (ri-prI-zdl). 1. (often pl.) Int'llaw. 1be use of \nforce, short ofwar, against another country to redress \nan injury caused by that country. [Cases: War and \nNational Emergency <~::>12.] \n'''Reprisals' is a word with a long history, and modern \nwriters are not agreed on the meaning which should be \ngiven to it today. Literally and historically it denotes the \nseizing of property or persons by way of retaliation, ., \nReprisals when they are taken today are taken by a state, \nbut some writers would still limit the word to acts of \ntaking or withholding the property of a foreign state or its \nnationals, for example by an embargo, whilst others would \nabandon the historical associations and use it to denote \nany kind of coercive action not amounting to war whereby \na state attempts to secure satisfaction from another for \nsome wrong which the latter has committed against it.\" J.L. \nBrierly, The Law ofNations 321-22 (5th ed. 1955). \ngeneral reprisal. A reprisal by which a nation directs \nall its military officers and citizens to redress an \ninjury caused by another nation. -An example is \na command to seize the property of the offending \nnation wherever it is found. \nnegative reprisal. A reprisal by which a nation refuses \nto perform an obligation to another nation, such as \nthe fulfillment ofa treaty. \npositive reprisal. A reprisal by which a nation forcibly \nseizes another nation's property or persons. \nspecial reprisal. A reprisal by which a nation autho\nrizes an aggrieved private citizen to redress an injury \ncaused by another nation. -An example is an autho\nrization for a private citizen to seize a particular vessel \nofthe offending nation. See LETTERS OF MARQUE. \n2. (often pl.) Int'llaw. An act of forceful retaliation \nfor injury or attack by another country; formerly, in \nwar, the killing ofprisoners in response to an enemy's \nwar crimes (now unlawful). Cf. RETORSION. 3. Anv act \nor instance of retaliation, as by an employer ag~inst \na complaining employee. [Cases: Labor and Employ\nment C=c77L] \nreprise (ri-pnz), n. An annual deduction, duty, or \npayment out of a manor or estate, such as an annuity. \n\n1418 reprobation \nreprobation (rep-ra-bay-sh.:m). The act of raising an \nobjection or exception, as to the competency of a \nwitness or the sufficiency ofevidence. reprobation\nary (rep-rd-bay-sh<l-ner-ee), reprobative (rep-fa-bay\ntiv), adj. reprobate (rep-ra-bayt), vb. \nreprobator (rep-ra-bay-tar). Scots law. Rist. A challenge \nto disqualify a witness or to invalidate the testimony \nof an objectionable witness. Also termed action of \nreprobator. \nreproduction right. Copyright. A copyright holder's \nexclusive right to make copies or phonorecords of the \nprotected work.  Unauthorized copying constitutes \ninfringement. Also termed right of reproduction. \n[Cases: Copyrights and Intellectual PropertyC=36.] \nreproductive rights. A person's constitutionally pro\ntected rights relating to the control ofhis or her pro\ncreative activities; specif., the duster of civil liberties \nrelating to pregnancy, abortion, and sterilization, esp. \nthe personal bodily rights of a woman in her decision \nwhether to become pregnant or bear a child. The \nphrase includes the idea of being able to make repro\nductive decisions free from discrimination, coercion, or \nviolence. Human-rights scholars increasingly consider \nmany reproductive rights to be protected by interna\ntional human-rights law. [Cases: Civil Rights \n1029.] \nrepublic, n. A system ofgovernment in which the people \nhold sovereign power and elect representatives who \nexercise that power. It contrasts on the one hand \nwith a pure democracy, in which the people or commu\nnity as an organized whole wield the sovereign power \nof government, and on the other with the rule of one \nperson (such as a king or dictator) or of an elite group \n(such as an oligarchy, aristocracy, or junta). Abbr. \nrep. Cf. DEMOCRACY. republican, adj. \n\"A republic is a government which (a) derives all of its \npowers directly or indirectly from the great body of the \npeople and (b) is administered by persons holding their \noffice during pleasure, for a limited period, or during good \nbehavior.\" Robert A. Dahl, A Preface to Democratic Theory \n10 (1956). \nrepublican government. See GOVERNMENT. \nrepublication, n, (18c) I. 'Ihe act or an instance ofpub\nlishing again or anew. 2. Wills & estates. Reestablish\nment ofthe validity of a previously revoked will by \nrepeating the formalities of execution or by using a \ncodiciL. The result is to make the old will effective \nfrom the date of republication. Also termed revali\ndation. Cf. REVIVAL (2). [Cases: Wills 196-202.J \n3. Defamation. The act or an instance of repeating or \nspreading more widely a defamatory statement. \nrepublish, vb. \nrepudiate, vb. (16c) 1. To reject or renounce (a duty or \nobligation); esp., to indicate an intention not to perform \n(a contract), [Cases: Contracts 2. Rist. To \ndivorce or disown (one's wife). \nrepudiatee (ri-pyoo-dee-a-tee). A party to a contract \nthat has been repudiated by the other party. [Cases: \nContracts C:::>313.J repudiation (ri-pyoo-dee-ay-shan), n. (16c) 1. Eccles. \nlaw. Rare. A person's refusal to accept a benefice. 2. A \ncontracting party's words or actions that indicate an \nintention not to perform the contract in the future; a \nthreatened breach of contract. Cf. REJECTION (1), (2); \nRESCISSION; REVOCATION (1). [Cases: Contracts C:::> \n313(2).] repudiatory (ri-pyoo-dee-a-tor-ee), repudi\nable (ri-pyoo-dee-a-b31), adj. \n\"A repudiation is (a) a statement by the obligor to the \nobligee indicating that the obligor will commit a breach \nthat would of itself give the obligee a claim for damages \nfor total breach ... , or (b) a voluntary affirmative act \nwhich renders the obligor unable or apparently unable to \nperform without such a breach.\" Restatement (Second) of \nContracts  250 (1979). \n\"In order to constitute a repudiation, a party's language \nmust be sufficiently positive to be reasonably inter\npreted to mean that the party will not or cannot perform. \nMere expression of doubt as to his Willingness or ability \nto perform is not enough to constitute a repudiation, \nalthough such an expression may give an obligee rea \nsonable grounds to believe that the obligor will commit \na seriOUS breach and may ultimately result in a repUdia\ntion .... However, language that under a fair reading \n'amounts to a statement of intention not to perform except \non conditions which go beyond the contract' constitutes \na repudiation.\" Restatement (Second) of Contracts  250, \ncmt. b (1979). \nanticipatory repudiation. (1913) Repudiation of a con\ntractual duty before the time for performance, giving \nthe injured party an immediate right to damages for \ntotal breach, as well as discharging the injured party's \nremaining duties ofperformance . This type ofrepu\ndiation occurs when the promisor unequivocally \ndisavows any intention to perform when the time for \nperformance comes. Once the repudiation occurs, \nthe nonrepudiating party has three options: (I) treat \nthe repudiation as an immediate breach and sue for \ndamages; (2) ignore the repudiation, urge the repu\ndiator to perform, wait for the specified time ofper\nformance, and sue if the repudiating party does not \nperform; or (3) cancel the contract. Also termed \nrenunciation. See anticipatory breach under BREACH \nOF CONTRACT. [Cases: Contracts \nThe Restatement lists three actions that constitute anticipa' \ntory repudiation: \"(a) a positive statement to the promisee \nor other person having a right under the contract, indi\ncating that the promisor will not or cannot substantially \nperform his contractual duties; (b) transferring or contract\ning to transfer to a third person an interest in specific land, \ngoods, or in any other thing essential for the substantial \nperformance of his contractual duties; (c) any voluntary \naffirmative act which renders substantial performance of \nhis contractual duties impossible, or apparently impos\nsible.\" Restatement (Second) of Contracts  318 (1979). \ntotal repudiation. (1859) An unconditional refusal by \na party to perform the acts required by a contract. \n This type of repudiation justifies the other party \nin refraining from performance. [Cases: Contracts \nC=313.] \nrepudiator (ri-pyoo-dee-ay-t<lr). One who repudiates; \nesp., a party who repudiates a contract. [Cases: Con\ntracts C:::>313.] \n\n1419 \nrepudium (ri-pyoo-dee-dm), n. [Latin] Roman law. The \nrevocation of betrothal or marriage by either the man \nor the woman. _ After Augustus, it was necessary to \nsend the other spouse a letter of repudiation in order \nto terminate the marriage. Cf. DIVORTlUM. \nrepugnancy (ri-Pdg-ndn-see). (1865) An inconsistency \nor contradiction between two or more parts of a legal \ninstrument (such as a contract or statute). [Cases: Con\ntracts (;::::; 162; Statutes (;::::;207.J \nrepugnant (ri-pag-n;:mt), adj. (14c) Inconsistent or irrec\noncilable with; contrary or contradictory to <the court's \ninterpretation was repugnant to the express wording of \nthe statute>. \nrepugnant verdict. See VERDICT. \nrepurchase, n. The act or an instance of buying some\nthing back or again; esp., a corporation's buying back \nofsome or all ofits stock at market price. See REDEMP\nTION. [Cases: Corporations 120.]-repurchase, \nvb. \nrepurchase agreement. A short-term loan agreement by \nwhich one party sells a security to another party but \npromises to buy back the security on a specified date \nat a specified price. -Often shortened to repo. [Cases: \nCorporations (;::::;82, 120.J \nrepurchase price. See redemption price under PRICE. \nreputation, n. (14c) The esteem in which a person is held \nby others. -Evidence of reputation may be introduced \nas proof of character whenever character evidence is \nadmissible. Fed. R. Evid. 405. -Also termed personal \nreputation. See character evidence under CHARACTER. \n[Cases: Criminal Law Evidence (;::::; 106; Wit\nnesses (;::::;338.J reputationaI, adj. \nreputational evidence. See reputation evidence under \nEVIDENCE. \nreputation evidence. See EVIDENCE. \nreputed manor. See MANOR. \nrequest, n. Parliamentary law. A motion by which a \nmember invokes a right, seeks permission for the \nexercise ofa privilege, or asks a question. Cf. MOTION \n(2); DEMAND (2); INQUIRY (2); POINT (2). \nrequestfor leave to modify a motion. See request for \npermission to modify a motion. \nrequest for leave to withdraw a motion. See request for \npermission to withdraw a motion. \nrequestfor permission to modify a motion. A motion \nby which the mover seeks an amendment to his or \nher own motion after the chair has stated the motion. \n-1ne mover controls a motion only until the chair \nstates the question. After that, the motion belongs to \nthe assembly and the mover cannot modify it without \nthe assembly's permission. See friendly amendment \nunder AMENDMENT (3). -Also termed request for \nleave to modify a motion. \nrequest for permission to withdraw a motion. A \nmotion by the mover to end consideration of the \nmotion without reaching a decision on its merits. See request for proposal \nrequest for permission to modify a motion. -Also \ntermed request for leave to withdraw a motion. \nrequest to be excused from a duty. A motion seeking \nrelief from a duty that an officer or other member has \nbeen charged with. \nrequest to read papers. 1. A motion asking permis\nsion to read aloud from printed matter. Reading \naloud is generally not allowed without permission. \n2. A motion asking that the chair or secretary read \naloud a document for the mover's or the assembly's \ninformation. \nrequest for admission. (1939) Civil procedure. In pretrial \ndiscovery, a party's written factual statement served \non another party who must admit, deny, or object to \nthe substance of the statement. _ Ordinarily, many \nrequests for admission appear in one document. The \nadmitted statements, along with any statements not \ndenied or objected to, will be treated by the court as \nestablished and therefore do not have to be proved at \ntrial. Fed. R. Civ. P. 36. Abbr. RFA. Also termed \nrequest for admissions; request to admit; notice to admit. \n[Cases: Federal Civil Procedure (;::::; 1671; Pretrial Pro\ncedure (~='471.] \nrequest for continued examination. Patents. A means of \nnegating the final action on a patent so that the appli\ncant"}
{"text": "\nrequest for continued examination. Patents. A means of \nnegating the final action on a patent so that the appli\ncant can file amendments, new claims, etc. to show that \nthe invention is patentable as of the original applica\ntion date . Unlike a continuation application, a request \nfor continued examination keeps a patent alive as ifno \nfinal decision had been made. It allows prosecution of \nclaims that have been rejected in a final office action \nto continue. -Abbr. RCE. Cf. CONTINUATION. [Cases: \nPatents (;::::; 104.J \nrequest for instructions. (1942) Procedure. During trial, \na party's written request that the court instruct the jury \non the law as set forth in the request. See Fed. R. Civ. \nP.51. Abbr. RFI. -Also termed request to charge. \n[Cases: Federal Civil Procedure C=;)2176; Trial (:~ \n259.] \nrequest for leave to withdraw a motion. See REQUEST. \nrequest for leave to modify a motion. See REQUEST. \nrequest for permission to withdraw a motion. See \nREQUEST. \nrequest for permission to modify a motion. See \nREQUEST. \nrequest for production. (1944) Procedure. In pretrial \ndiscovery, a party's written request that another party \nprovide specified documents or other tangible things \nfor inspection and copying. Fed. R. Civ. P. 34. Abbr. \nRFP. Also termed document request; request for pro\nduction ofdocuments; notice to produce; demand for \ndocument inspection. [Cases: Federal Civil Procedure \n1551; Pretrial Procedure (;::::;331.] \nrequest for proposal. An invitation to prospective sup\npliers or contractors to submit proposals or bids to \nprovide goods or services . Unlike most invitations for \nbids, an RFP requires bidders to give more information \n\n1420 request for reconsideration \nthan the proposed price. For instance, bidders may \nhave to provide evidence of good financial condition, \nacceptable technical capability, stock availability, and \ncustomer satisfaction. -Abbr. RFP. [Cases: Municipal \nCorporations 0=>238; Public Contracts States \n0=>98; United States ~64.25.] \nrequest for reconsideration. Patents. An applicant's \nsubmission offurther arguments after a patent claim's \nrejection. [Cases: Patents C=c104.) \nrequest for reexamination. Patents. A formal process of \nasking the Patent and Trademark Office to review an \nin~forcepatent's validity in light ofprior~art references. \n-Anyone, including the patent owner or an infringer, \nmay request a patent's reexamination. [Cases: Patents \n~140.) \nrequest for relief. See PRAYER FOR RELIEF. \nrequest to admit. See REQUEST FOR ADMISSION. \nrequest to be excused from a duty. See REQUEST. \nrequest to charge. See REQUEST FOR INSTRUCTIONS. \nrequest to read papers. See REQUEST. \nrequired~records doctrine. (1945) The principle that \nthe privilege against self-incrimination does not apply \nwhen one is being compelled to produce business \nrecords that are kept in accordance with government \nregulations and that involve public aspects. -Some \ncourts have held that certain medical records and \ntax forms fall within this doctrine and are thus not \nprotected by the privilege against self-incrimination. \n[Cases: Witnesses (:=0298.) \nrequired-request law. A law mandating that hospital \npersonnel discuss with a deceased patient's relatives the \npossibility of an anatomical gift. -The Uniform Ana\ntomical Gift Act (not in effect in some states) mandates \na required-request law. [Cases: Dead Bodies \nrequired reserve. See RESERVE. \nrequirement for division. See RESTRICTION (4). \nrequirement for restriction. See RESTRICTION (4). \nrequirements contract. See CONTRACT. \nrequirements testing. See ACCEPTANCE TESTING. \nrequisition (rek-w;l-zish-;m), n. 1. An authoritative, \nformal demand <a state governor's requisition for \nanother state's surrender ofa fugitive>. [Cases: Extra\ndition and Detainers C=c34.] 2. A governmental seizure \nof property <the state's requisition of the shopping \ncenter during the weather emergency>. See TAKING \n(2). -requisition, vb. \nrequisitionist. One who makes a formal demand (as \nfor the performance of an obligation or the return ofa \nfugitive). See REQUISITION (1). \nrequisitory letter. See LETTER OF REQUEST. \nrere-county (reer-kown-tee). Hist. A subsidiary English \ncounty court held by the sheriff on the day after the \nregular county court. Also spelled rere county; rier \ncounty. \nre-refer. See REFER. res (rays or reez or rez), n. [Latin \"thing\"] (17c) 1. An \nobject, interest, or status, as opposed to a person <juris\ndiction of the res the real property in Colorado>. \n[Cases: Courts 0=> 16.]2. The subject matter ofa trust; \nCORPUS (1) <the stock certificate is the res ofthe trust>. \n[Cases: Trusts C=c 1.) Pi. res. \nres accessoria (rays ak-ses-or-ee-a). [Latin] Civil law. An \naccessory thing; a thing that is related to a principal \nthing. PI. res accessoriae. \nres adjudicata (rays a-joo-di-kay-ta or -kah-t;l). See RES \nJUDICATA. \nresale, n. (17c) 1. The act ofselling goods or property \npreviously sold to a buyer who breached the sales \ncontract to someone else. UCC  2706. [Cases: Sales \nC-J 332-339.)2. A retailer's selling ofgoods, previously \npurchased from a manufacturer or wholesaler, usu. to \nconsumers or to someone else further down the chain \nofdistribution. resell, vb. \nresale-price maintenance. A form of price-fixing in \nwhich a manufacturer forces or persuades several dif\nferent retailers to sell the manufacturer's product at \nthe same price, thus preventing competition. -Resale\nprice maintenance is not per se illegal under antitrust \nlaw, but it is illegal ifit produces anticompetitive effects \nunder the rule ofreason. A manufacturer may suggest \na retail price as long as it does not compel retailers to \nsell at that price. See RULE OF REASON; vertical price\nfixillgunder PRICE-FIXING. Antitrust and Trade \nRegulation \nres aliena (rays ay-Iee-ee-na or al-ee-). [Latin] Archaic. \nThe property belonging to another. \nres alienari prohibita (rays ay-lee-J-nair-I proh-hib\ni-t;l). [Law Latin] Hist. A thing that cannot be alien\nated. \nres aliena scienter legata (rays ay-Iee-ee-nJ [or al-ee-] \nSI-en-tar la-gay-ta). [Latin] Hist. The property of \nanother knowingly bequeathed that is, property \nthat a testator did not own but purported to bequeath \nby will. \nres caduca (rays b-d[y]oo-ka). [Latin] Civil law. A fallen \nthing; an escheat. PI. res caducae. \nresceit (ri-seet). Hist. The admittance of an interested \nthird party to plead in a case between two others; inter\nvention. \nrescind (ri-sind), vb. (17c) 1. To abrogate or cancel (a \ncontract) unilaterally or by agreement. [Cases: Con\ntracts C=c249.] 2. To make void; to repeal or annul \n<rescind the legislation>. 3. Parliamentary law. To void, \nrepeal, or nullify a main motion adopted earlier. \nAlso termed annul; repeal. rescindable, adj. \nrescind and expunge. See EXPUNGE (2). \nrescissio (ri-sis[h)-ee-oh). [Latin] Civil law. Annulment \nor voidance of a juridical act; rescission. PI. rescis\nsiones. \nrescission (ri-sizh-an), n. (17c) 1. A party's unilateral \nunmaking of a contract for a legally sufficient reason, \nsuch as the other party's material breach, or a judgment \n\n1421 \nrescinding the contract; VOIDAKCE . Rescission is \ngenerally available as a remedy or defense for a non\ndefaulting party and is accompanied by restitution of \nany partial performance, thus restoring the parties to \ntheir precontractual positions. Also termed avoid\nance. [Cases: Contracts G='249.] 2. An agreement by \ncontracting parties to discharge all remaining duties \nof performance and terminate the contract. -Also \nspelled recision; recission. -Also termed (in sense 2) \nagreement ofrescission; mutual rescission; abandon\nment. Cf. REJECTION (2); REPUDIATION (2); REVOCATION \n(1). [Cases: Contracts G=252.] -rescissory (ri-sis-<l\nree or ri-siz-), adj. \n\"The [UCCI takes cognizance of the fact that the term \n'rescission' is often used by lawyers, courts and business\nmen in many different senses; for example, termination \nof a contract by virtue of an option to terminate in the \nagreement, cancellation for breach and avoidance on the \ngrounds of infancy or fraud. In the interests of clarity of \nthought -as the consequences of each of these forms \nof discharge may vary the Commercial Code carefully \ndistinguishes three circumstances. 'Rescission' is utilized \nas a term of art to refer to a mutual agreement to discharge \ncontractual duties. 'Termination' refers to the discharge \nof duties by the exercise of a power granted by the agree\nment. 'Cancellation' refers to the putting an end to the \ncontract by reason of a breach by the other party. Section \n2-720, however, takes into account that the parties do not \nnecessarily use these terms in this way.\" John D. Calamari \n&Joseph M. Perillo, The Law ofContracts  21-2. at 864-65 \n(3d ed. 1987). \nequitable rescission. (1889) Rescission that is decreed \nby a court of equity. [Cases: Cancellation of Instru\nments (;::; 1.] \nlegal rescission. (1849) 1. Rescission that is effected by \nthe agreement ofthe parties. [Cases: Contracts C=> \n251.] 2. Rescission that is decreed by a court oflaw, as \nopposed to a court ofequity. \n\"The modern tendency is to treat reSCission as equitable, \nbut rescission was often available at law. If plaintiff had \npaid money, or had delivered goods. he could rescind by \ntendering whatever he had received from defendant and \nsuing at law to recover his money or replevy his goods. \nBut if he had delivered a promissory note or securities, \nor conveyed real estate, rescission required the court to \ncancel the instruments or compel defendant to reconvey. \nThis relief was available only in equity. Many modern courts \nignore the distinction .... But versions of the distinction \nare codified in some states:' Douglas Laycock, Modern \nAmerican Remedies 627-28 (3d ed. 2002). \nrescissory action. See ACTION (4). \nrescissory damages. See DAMAGES. \nres communes (rays k<l-myoo-neez), n. pl. [Latin \n\"common things\"] Civil law. Things common to all; \nthings that cannot be owned or appropriated, such as \nlight, air, and the sea. La. Civ. Code art. 449. \nres controversa (rays kon-tra-var-sa). [Latin] Civil law. \nA matter in controversy; a pOint in question_ PI. res \ncontroversae. \nres coronae (rays k<l-roh-nee), n. pl. [Latinl Hist. Things \nofthe Crown, such as ancient manors, homages of the \nking, and liberties. rescue syndrome \nres corporales (rays kor-pa-ray-Ieez), n. pI. [Latin] Civil \nlaw. Corporeal things; tangible things that are percep\ntible to the senses. La. Civ. Code art. 461. See corporeal \nthing under THING. \nrescous (res-kas). 1. RESCUE (2). 2. RESCUE (3). \nrescript (ree-skript), n. (I7c) 1. A judge's written order \nto a court clerk explaining how to dispose ofa case. 2. \nAn appellate court's written decision, usu. unsigned, \nthat is sent down to the trial court. [Cases: Appeal and \nError C=> 1192; Criminal Law y 1192; Federal Courts \n(;:::\")949.] 3. A Roman emperor's or a Pope's written \nanswer to a legal inquiry or petition. Cf. PRECES. \nAlso termed (when the reply is to a private citizen) \nannotation; subnotation; subscription; (when the reply \nis to an official body) epistle. 4. A duplicate or counter\npart; a rewriting. \nrescue, n. (14c) 1. The act or an instance of saving or \nfreeing someone from danger or captivity. 2. The \nforcible and unlawful freeing of a person from arrest \nor imprisonment. [Cases: Rescue C=>1.1 \n\"A rescue signifies a forcible setting at liberty, against law, \nof a person duly arrested. It is necessary, that the rescuer \nshould have knowledge that the person whom he sets at \nliberty has been apprehended for a criminal offence. if he \nbe in the custody of a private person; but if he be under \nthe care of an officer. then he is to take notice of it at his \nperiL\" 1 Joseph Chitty, A Practical Treatise on the Criminal \nLaw62 (2d ed. 1826). \n3. The forcible retaking by the owner ofgoods that have \nbeen lawfullv distrained. Also termed (in senses 2 & \n3) rescous. C REPOSSESSION. 4. lnt'llaw. The retaking \nof a prize by persons captured with it, so that the \nproperty is legally restored to its original owner. See \nPOSTLI"}
{"text": "aking \nof a prize by persons captured with it, so that the \nproperty is legally restored to its original owner. See \nPOSTLIMINIUM (3). rescue, vb. \nrescue clause. See SUE-AND-LABOR CLAUSE. \nrescue doctrine. (1926) Torts. 'The principle that a tort\nfeasor who negligently endangered a person is liable \nfor injuries to someone who reasonably attempted to \nrescue the person in danger. The rationale for this \ndoctrine is that an attempted rescue of someone in \ndanger is always foreseeable. Thus, if the tortfeasor \nis negligent toward the rescuee, the tortfeasor is also \nnegligent toward the rescuer. Also termed danger\ninvites-rescue doctrine. Cf. EMERGENCY DOCTRINE; \nGOOD SAMARITAK DOCTRINE. [Cases: Negligence C=> \n510(3).] \n\"Danger invites rescue. The cry of distress is the summons \nto relief. The law does not ignore these reactions of the \nmind in tracing conduct to its consequences. It recognizes \nthem as normal. It places their effects within the range of \nthe natural and probable. The wrong that imperils life is \na wrong to the imperiled victim; it is a wrong also to his \nrescuer .... The railroad company whose train approaches \nwithout signal is a wrongdoer toward the traveler surprised \nbetween the rails, but a wrongdoer also to the bystander \nwho drags him from the path .... The emergency begets \nthe man. The wrongdoer may not have foreseen the coming \nof a deliverer. He is accountable as if he had.\" Wagner v. \nInternational Ry. Co., 133 N.E. 437, 437-38 (N.Y. 1921). \nrescue syndrome. Family law. A situation in which a \nchild in a custody battle expresses a preference for the \nparent perceived by the child to be the \"weaker\" ofthe \n\n1422 rescussu \ntwo, in the belief that the parent needs the child . This \nis a form of parent-alienation syndrome. One parent \nmay overtly or subtly act increasingly dependent on \nthe child, leading the child to believe that he or she is \nresponsible for the parent's comfort, happiness, and \nprotection. The child may also believe that one parent \nis actively harming the other and attempt to protect the \n\"weaker\" parent by choosing to stay with that parent, \neven if the child would actually prefer to live with the \n\"stronger\" parent. Cf. LOLLIPOP SYNDROME; PARENT\nALIENATION SYNDROME. \nrescussu. See DE RESCUSSU. \nres derelicta (rays der-<J-lik-t<J). [Latin] A thing thrown \naway or forsaken by its owner; abandoned property. \nres dominans (rays dom-<J-nanz). [Latin] The dominant \nproperty entitled to enjoy a servitude. See dominant \nestate under ESTATE. \nresearch and development. An effort (as by a company \nor business enterprise) to create or improve products or \nservices, esp. by discovering new technology or advanc\ning existing technology. -Abbr. Rand D; R&D. \nResearch and Special Programs Administration. A \nunit in the U.S. Department of Transportation respon\nsible for conducting research and engaging in special \nprograms through several offices, including the Office \nof Hazardous Materials Safety, the Office of Pipeline \nSafety, the Transportation Systems Center, the Office \nof Emergency Transportation, the Office of Program \nManagement and Administration, and the Office of \nAviation Information Management. -Abbr. RSPA. \nresearch attorney. See ATTORNEY. \nresearch memorandum. See MEMORANDUM. \nreseiser (ri-see-z<Jr). Hist. The taking of lands by the \nmonarch in a case in which a general livery or ouster \nIe main was previously misused. \nresentencing, n. (1878) The act or an instance ofimposing \na new or revised criminal sentence. -resentence, vb. \nreservation. (l5c) 1. The creation of a new right or \ninterest (such as an easement), by and for the grantor, \nin real property being granted to another. Cf. EXCEP\nTION (3). [Cases: Deeds C=:> 141; Easements C=:> 14.] \nimplied reservation. (1867) An implied easement \nthat reserves in a landowner an easement across a \nportion of sold land, such as a right-of-way over land \nlying between the seller's home and the only exit.  \nAn implied reservation arises only if the seller could \nhave expressly reserved an easement, but for some \nreason failed to do so. See implied easement under \nEASEMENT. [Cases: Easements C=:> 17.] \n\"If the implied easement is in favor of the conveyee and is \nappurtenant to the tract conveyed, it is called an implied \ngrant; if the implied easement is in favor of the conveyor \nand is appurtenant to the tract retained, it is called an \nimplied reservation.\" Ralph E. Boyer et aI., The Law of \nProperty 311 (4th ed. 1991). \n2. The establishment ofa limiting condition or qualifi\ncation; esp., a nation's formal declaration, upon signing \nor ratifying a treaty, that its willingness to become a party to the treaty is conditioned on the modification or \namendment of one or more provisions of the treaty as \napplied in its relations with other parties to the treaty. \n[Cases: Treaties C=:> 3.] 3. A tract of public land that is \nnot open to settlers but is set aside for a special purpose; \nesp., a tract of land set aside for use by indigenous \npeoples. -Also termed (in sense 3) reserve; reserved \nland; withdrawn land. [Cases: Indians C=:> 12.] \nreservation-of-rights letter. Insurance. A notice of an \ninsurer's intention not to waive its contractual rights to \ncontest coverage or to apply an exclusion that negates \nan insured's claim. -Also termed reservation ofrights. \nInsurance C~3111(2), 3120.] \nreserve, n. 1. Something retained or stored for future use; \nesp., a fund of money set aside by a bank or an insur\nance company to cover future liabilities. \namortization reserve. An account created for book\nkeeping purposes to extinguish an obligation gradu\nally over time. \nbad-debt reserve. A reserve to cover losses on uncol\nlectible accounts receivable. \nexcess reserve. The portion of a bank's reserve against \ndeposits in excess of the amount of reserve required \nbylaw. \nlegal reserve.lhe minimum amount of liquid assets \nthat a bank or an insurance company must maintain \nby law to meet depOSitors' or claimants' demands. \n[Cases: Banks and Banking 14,503; Insurance \nC=:> 1139.] \nloss reserve.!. An insurance company's reserve that \nrepresents the estimated value offuture payments, as \nfor losses incurred but not yet reported. [Cases: Insur\nance ~:;::::;) 1139.] 2. A bank's reserve set aside to cover \npossible losses, as from defaulting loans. \nmean reserve. In insurance, the average of the begin\nning reserve (after the premium has been paid tor \nthe policy year) and the ending reserve of the policy \nyear. \npolicy reserve. An insurance company's reserve that \nrepresents the difference between net premiums \nand expected claims for a given year.  This type \nof reserve is kept by life-insurance companies. \n[Cases: Insurance 1139.] \nrequired reserve. The minimum amount of money, as \nrequired by the Federal Reserve Board, that a bank \nmust hold in the form ofvault cash and deposits with \nregionall;ederal Reserve Banks. [Cases: Banks and \nBanking C=:> 14,351-359.] \nsinking-fund reserve. A reserve used to pay long-term \ndebt. See sinkingfund under FUND (1). \nunearned-premium reserve. An insurance compa\nny's reserve that represents premiums that have been \nrecei ved in advance but not yet applied to policy \ncoverage . If a policyholder cancels coverage before \nthe policy expires but has already paid a premium for \nthe full policy period, the insurance company refunds \n\n1423 \nthe policyholder out of this reserve. [Cases: Insur\nance ~~1139.] \n2. RESERVATION (3). 3. See net value under VALUE (2). \nreserve, vb. \nreserve account. See impound account under ACCOUNT. \nreserve bank. See member bank under BANK. \nReserve Board. See FEDERAL RESERVE BOARD OF GOV\nERNORS. \nreserve clause. A clause in a professional athlete's \ncontract restricting the athlete's right to change teams, \neven after the contract expires . Reserve clauses are \nuncommon in modern professional sports. Cf. FREE \nAGENCY. \nreserved easement. See EASEMENT. \nreserved land. See RESERVATION (3). \nreserved point oflaw. See POINT OF LAW. \nreserved power. See POWER (3). \nReserved Power Clause. See TENTH AMENDMENT. \nreserved surplus. See appropriated surplus (1) under \nSURPLUS. \nreserve militia. See MILITIA. \nreserve price. See PRICE. \nreserve ratio. 'Ihe Federal Reserve Board's measurement \nof a member bank's required reserves. See required \nreserve under RESERVE. \nprimary reserve ratio. Ihe ratio between a bank's \nrequired reserves (cash in vault plus deposits with \nFederal Reserve Banks) and its demand and time \ndeposits. \nsecondary reserve ratio. The ratio between a bank's \ngovernment securities and its demand and time \ndeposits. \nreset, n. Scots law.!. The act or an instance of know\ningly receiving stolen goods. 2. Archaic. The harbor\ning or sheltering of a criminal or outlaw. -resetter, \nn. -reset, vb. \nresettlement, n. (17c) 1. The settlement ofone or more \npersons in a new or former place. See SETTLEMENT (6). \n2. The reopening ofan order or decree for the purpose \nof correcting a mistake or adding something omitted. \n[Cases: Motions (;=>49.]- resettle, vb. \nres fit inempta (rays fit in-emp-t;l). [Latin] Hist. The \nobject is regarded as unbought. This is the ancient \nway ofsaying, \"The sale is off.\" \nresfungibiles (rays fan-jib-a-Ieez), n. pI. [Latin] Civil law. \nFungible things; things that are commercially inter\nchangeable. \nres gestae (rays ;es-tee also jes-tI), n. pI. [Latin \"things \ndone\"] (17c) The events at issue, or other events con\ntemporaneous with them. In evidence law, words \nand statements about the res gestae are usu. admis\nsible under a hearsay exception (such as present sense \nimpression or excited utterance). Where the Federal \nRules of Evidence or state rules fashioned after them residence \nare in effect, the use of res gestae is now out of place. \nSee Fed. R. Evid. 803(1), (2). -Also termed res gesta. \n[Cases: Criminal Law C;:::-'363-368; Evidence~' 118\n128.] \n\"The Latin expression 'res gestae' or 'res gesta,' literally \n'things done' or 'thing transacted,' has long served as a \ncatchword ... [Tlhe phrase has frequently served both \nto let in utterances which in strictness were not admis\nsible and to exclude utterances which might well have been \nadmitted. And frequently also its indefiniteness has served \nas a basis for rulings where it was easier for the judge \nto invoke this imposing catchword than to think through \nthe real question involved. The phrase is antiquated. By \nmodern judges it is being gradually discarded. It is super\nfluous, and serves only to obscure the logic of the rules. \nIt should be left to oblivion.\" John H. Wigmore, A Students' \nTextbook of the Law of Evidence 279 (1935). \n'The res gestae embraces not only the actual facts of the \ntransaction and the circumstances surrounding it, but the \nmatters immediately antecedent to and having a direct \ncausal connection with it, as well as acts immediately fol\nlowing it and so closely connected with it as to form in \nreality a part of the occurrence.\" State v. Fouquette. 221 \nP.2d 404, 416-17 (Nev. 1950). \nres gestae witness. See WITNESS. \nres habiles (rays hab-<l-Ieez), n. pl. [tatin] Civil law. \nThings that may be acquired by prescription. \nresiance (rez-ee-<lnts). Archaic. Residence; abode. \nresiant (rez-ee-<lnt), adj. Archaic. Continually dwelling \nor abiding in a place; resident. \nresiant, n. Archaic. A resident. \nresidence. (14c) 1. The act or fact of living in a given place \nfor some time <a year's residence in New Jersey>. \nAlso termed reSidency. 2. The place where one actually \nlives, as distinguished from a domicile <she made her \nresidence in Oregon>. Residence usu. just means \nbodily presence as an inhabitant in a given place; \ndomicile usu. requires bodily presence plus an inten\ntion to make the place one's home. A person thus may \nhave more than one residence at a time but only one \ndomicile. Sometimes, though, the two terms are used \nsynonymously. Cf. DOMICILE (2). [Cases: Domicile \n(;=>2.J 3. A house or other fixed abode; a dwelling <a \nthree-story residence>. 4. The place where a corpora\ntion or other enterprise does business or is registered to \ndo business <Pantheon Inc.'s principal residence is in \nDelaware>. [Cases: Corporations (;=>52,503(1),666.] \nhabitual residence.!. Family law. A person's custom\nary place of residence; esp., a child's customary place \nof residence before being removed to some other \nplace. The term, which appears as an undefined \nterm in the Hague Convention, is used in deter\nmining the country having a presumed paramount \ninterest in the child. [Cases: Child Custody (;=>804.] \n2. Copyright. An established place, esp. a country, in \nwhich one lives for the long term, usu. without being "}
{"text": "\n2. Copyright. An established place, esp. a country, in \nwhich one lives for the long term, usu. without being \na citizen ofthe place . The Berne Convention makes \nhabitual residence an alternative to legal domicile in a \nmember country to qualify for copyright protection \nbut leaves the exact definition ofthe term to member \ncountries. \n\n1424 residency \nresidency. (14c) 1. A place of residence, esp. an official \none <the diplomat's residency>. 2. RESIDENCE (1) <one \nyear's residency to be eligible for in-state tuition>. \nresident, adj. 1. Affiliated with or working for a particu\nlar person or company <resident agent>. 2. Dwelling \nin a place other than one's home on a long-term basis \n<the hospital's resident patient>. \nresident, n. (15c) 1. A person who lives in a particular \nplace. 2. A person who has a home in a particular place. \n In sense 2, a resident is not necessarily either a citizen \nor a domiciliary. Cf. CITIZEN (1); DOMICILIARY. \nresident agent. See registered agent under AGENT (2). \nresident alien. See ALIEN. \nresident ambassador. See AMBASSADOR. \nresidential care. Family law. Foster-care placement \ninvolving residence in a group home or institution. \nThis type of foster care is most commonly used for ado\nlescents who have been adjudged to be delinquents or \nstatus offenders. \nresidential cluster. Land-use planning. An area ofland \ndeveloped as a unit with group housing and open \ncommon space. Cf. PLANNED-UNIT DEVELOPMENT. \n[Cases: Zoning and Planning (;::=>66,256.] \nresidential community treatment center. See HALFWAY \nHOUSE. \nresidential custody. See PHYSICAL CUSTODY (2). \nresidential parent. See PARENT. \nresidential responsibility. Overnight responsibility for \na child. See Principles ofthe Law ofFamily Dissolu\ntion: Analysis and Recommendations  3.02 (2000). See \nCUSTODY; dual-residential parent, residential parent \nunder PARENT. \nprimary residential responsibility. Predominant over\nnight responsibility for a child. \nresidential time. See VISITATION (2). \nresidua (ri-zij-oo-<=1). pl. RESIDUUM. \nresidual, adj. (l6c) Of, relating to, or constituting a \nresidue; remaining; leftover <a residual claim> <a \nresidual functional disability>. \nresidual, n. 1. A leftover quantity; a remainder. 2. (often \npl.) A disability remaining after an illness, injury, or \noperation. 3. (usu. pI.) A fee paid to a composer or per\nformer for each repeated broadcast (esp. on television) \nofa film, program, or commerciaL [Cases: Copyrights \nand Intellectual Property (=48.] \nresidual estate. See residuary estate under ESTATE (3). \nresidual value. See salvage value under VALUE (2). \nresiduary (ri-zij-oo-er-ee), adj. (18c) Of, relating to, or \nconstituting a residue; residual <a residuary gift>. \nresiduary, n. 1. See reSiduary estate under ESTATE (3). 2. \nSee residuary legatee under LE.]ATEE. \nreSiduary bequest. See BEQUEST. \nresiduary clause. (18c) Wills & estates. A testamentary \nclause that disposes of any estate property remaining after the satisfaction of all other gifts. -Also termed \nomnibus clause. [Cases: Wills C-J586.J \nresiduary devise. See DEVISE. \nreSiduary devisee. See DEVISEE. \nresiduary estate. See ESTATE (3). \nresiduary legacy. See LEGACY. \nresiduary legatee. See LEGATEE. \nresidue. (14c) 1. Something that is left over after a part is \nremoved or disposed of; a remainder. 2. See residuary \nestate under ESTATE (3). \nresiduum (ri-zij-oo-am). (17c) 1. That which remains; \na residue. 2. See residuary estate under ESTATE (3). PI. \nresidua (ri-zij-oo-d). \nresiduum rule. Administrative law. The principle that \nan agency decision based partly on hearsay evidence \nwill be upheld on judicial review only if the decision \nis founded on at least some competent evidence . The \nresiduum rule has generally been rejected by federal \nand state courts. [Cases: Administrative Law and Pro\ncedure \nresignation, n. (14c) 1. The act or an instance ofsurren\ndering or relinquishing an office, right, or claim. [Cases: \nOfficers and Public Employees (;::=>62.] 2. A formal \nnotification of relinquishing an office or position. 3. \nHist. The surrender to the lord of the vassal's interest \nin land. resign, vb. \nresile (ri-zIl), vb. 1. To retract (a statement, allegation, \netc.). 2. To draw back (from an agreement, contract, \netc.). 3. To return to one's original position. \nres immobiles (rays i-moh-b<l-Ieez), n. pl. [Latin] Civil \nlaw. Immovable things; chattels real. See IMMOBILIA. \nres incorporales (rays in-kor-pa-ray-leez), n. pl. [Latin] \nCivil law. Incorporeal things; intangible things that \nare not perceptible to the senses. See incorporeal thing \nunder THING. \nres in privatorum patrimonio. See RES PRIVATAE. \nres integra (rays also in-teg-r;}). [Latin \"an \nentire thing\"] See RES NOVA. \nres inter alios acta (rays in-tdr ay-Iee-ohs ak-td). [Latin \n\"a thing done between others\"] 1. Contracts. The com\nmon-law doctrine holding that a contract cannot unfa\nvorably affect the rights ofa person who is not a party to \nthe contract. [Cases: Contracts G'::::; 186(1).] 2. Evidence. \nThe rule prohibiting the admission of collateral facts \ninto evidence. [Cases: Criminal Law (;::=>338(1),369.1; \nEvidence (;::=>99, 130.] \nres ipsa loquitur (rays ip-sd loh-kwd-tdr). [Latin \"the \nthing speaks for itself'] (17c) Torts. The doctrine pro\nviding that, in some circumstances, the mere fact ofan \naccident's occurrence raises an inference ofnegligence \nthat establishes a prima facie case. Often shortened \nto res ipsa. [Cases: Negligence \n\"The phrase 'res ipsa loquitur' is a symbol for the rule that \nthe fact of the occurrence of an injury, taken with the sur \nrounding circumstances, may permit an inference or raise a \npresumption of negligence, or make out a plaintiff's prima \n\n1425 \nfacie case, and present a question of fact for defendant \nto meet with an explanation. It is merely a short way of \nsaying that the circumstances attendant on the accident \nare of such a nature as to justify ajury, in light of common \nsense and past experience, in inferring that the accident \nwas probably the result of the defendant's negligence, in \nthe absence of explanation or other evidence which the \njury believes.\" Stuart M. Speiser, The Negligence Case: Res \nIpsa Loquitur 1:2, at 5-6 (1972). \n\"It is said that res ipsa loquitur does not apply if the cause \nof the harm is known. This is a dark saying. The applica\ntion of the prinCiple nearly always presupposes that some \npart of the causal process is known, but what is lacking \nis evidence of its connection with the defendant's act or \nomission. When the fact of control is used to justify the \ninference that defendant's negligence was responsible it \nmust of course be shown that the thing in his control in \nfact caused the harm. In a sense, therefore, the cause of \nthe harm must be known before the maxim can apply.\" \nH.l.A. Hart & Tony Honore, Causation in the Law 419-20 \n(2d ed. 1985). \n\"Res ipsa loquitur is an appropriate form of circumstantial \nevidence enabling the plaintiff in particular cases to estab \nlish the defendant's likely negligence. Hence the res ipsa \nloquitur doctrine, properly applied, does not entail any \ncovert form of strict liability .... The doctrine implies that \nthe court does not know, and cannot find out, what actually \nhappened in the individual case. Instead, the finding of \nlikely negligence is derived from knowledge of the causes \nof the type or category of accidents involved.\" Restatement \n(Third) of Torts  15 cmt. a (Discussion Draft 1999). \nres ipsa loquitur test (rays ip-s<lloh-kw<l-tar). (1962) \nA method for determining whether a defendant has \ngone beyond preparation and has actually committed \nan attempt, based on whether the defendant's act itself \nwould have indicated to an observer what the defendant \nintended to do. Also termed equivocality test. See \nATTEMPT (2). [Cases: Criminal Law (;:::;;44.] \nresisting arrest. (1851) The crime of obstructing or \nopposing a police officer who is making an arrest. \nAlso termed resisting lawful arrest. [Cases: Obstructing \nJustice \nresisting process. See OBSTRUCTION OF PROCESS. \nresisting unlawful arrest. (1905) The act of opposing \na police officer who is making an unlawful arrest.  \nMost jurisdictions have accepted the Model Penal \nCode position prohibiting the use of force to resist an \nunlawful arrest when the person arrested knows that \na police officer is making the arrest. But some juriS\ndictions allow an arrestee to use nondeadly force to \nprevent the arrest. See Model Penal Code  3. [Cases: \nObstructing Justice (;:::;; 3.] \nres judicata (rays joo-di-kay-ta or -kah-ta). [Latin \n\"a thing adjudicated\"] (I7c) 1. An issue that has \nbeen definitively settled by judicial decision. [Cases: \nJudgment (;:::;;540,584,585.) 2. An affirmative defense \nbarring the same parties from litigating a second \nlawsuit on the same claim, or any other claim arising \nfrom the same transaction or series of transactions \nand that could have been but was not raised in \nthe first suit.  The three essential elements are (1) an \nearlier decision on the issue, (2) a final judgment on the \nmerits, and (3) the involvement ofthe same parties, or \nparties in privity with the original parties. Restatement resolution \n(Second) ofJudgments  17,24 (1982). Also termed \nres adjudicata; claim preclusion; doctrine ofres judicata. \nCf. COLLATERAL ESTOPPEL. [Cases: Judgment C=>540, \n584,948(1).] \n\"'Res judicata' has been used in this section as a general \nterm referring to all of the ways in which one judgment \nwill have a binding effect on another. That usage is and \ndoubtless will continue to be common, but it lumps under \na single name two quite different effects ofjudgments. The \nfirst is the effect of foreclosing any litigation of matters \nthat never have been litigated, because of the determina \ntion that they should have been advanced in an earlier \nsuit. The second is the effect of foreclosing relitigation of \nmatters that have once been litigated and decided. The \nfirst of these, preclusion of matters that were never liti\ngated, has gone under the name, 'true res judicata,' or the \nnames, 'merger' and 'bar.' The second doctrine, preclusion \nof matters that have once been decided, has usually been \ncalled 'collateral estoppel.' Professor Allan Vestal has long \nargued for the use of the names 'claim preclusion' and \n'issue preclusion' for these two doctrines [Vestal, Rationale \nofPreclUSion, 9 St. Louis U. L.j. 29 (1964)], and this usage is \nincreasingly employed by the courts as it is by Restatement \nSecond of Judgments.\" Charles Alan Wright, The Law of \nFederal Courts  100A, at 722-23 (5th ed. 1994). \nres litigiosae (rays li-tij-ee-oh-see), n. pl. [Latin] Civil law. \nThings that are in litigation; property or rights that are \nthe subject of a pending action. \nres mancipi (rays man-sa-pI). [Latin \"things ofmandp\nium\"] Roman law. Property, specifically Italic land with \nits rustic servitudes and beasts of draft or burden, that \ncan be transferred only by a formal ceremony of man\ncipation. -Also termed mancipi res; things mancipi. \nSee MANCIPATION. \nres merae facultatis (rays meer-ee fak-al-tay-tis). [Law \nLatin] Scots law. A matter of mere power. \n\"Res merae facultatis .... Such, for example, is the right \nwhich a proprietor has of building upon his own property, \nor which anyone has of walking upon the seashore, or \nsailing upon the sea, or on any navigable river. It is a right \nwhich mayor may not be exercised at the pleasure of \nhim who holds it; and such rights are never lost by their \nnon-exerCise for any length of time, because it is of their \nessential character that they may be used or exercised at \nany time.\" John Trayner, Travner's Latin Maxims 554 (4th\ned.1894). \nres mobiles (rays moh-ba-leez), n. pl. [Latin] Civil law. \nMovable things; chattels personal. \nres nee mancipi (rays nek man-sa-pI). [Latin \"things not \nof mancipium\"] Roman law. Property that can be trans\nferred without a formal ceremony of mancipation. \nAlso termed things nee mancipi. \nres non est integra (rays non est in-t;)-gra). [Latin] l"}
{"text": "termed things nee mancipi. \nres non est integra (rays non est in-t;)-gra). [Latin] lUst. \nThe original position has changed; performance has \ntaken place (in whole or in part). \nres nova (rays noh-va). [Latin \"new thing\"]l. An unde\ncided question aflaw. 2. A case of first impression. \nAlso termed res integra. See case offirst impression \nunder CASE. \nres nullius (rays na-h-as). [Latin \"thing of no one\"] A \nthing that can belong to no one; an ownerless chattel. \nresolution. (17c) 1. Parliamentary law. A main motion \nthat formally expresses the sense, will, or action of a \n\n1426 resolutions committee \ndeliberative assembly (esp. a legislative body). - A reso\nlution is a highly formal kind of main motion, often \ncontaining a preamble, and one or more resolving \nclauses in the form, \"Resolved, That ....\" \nconcurrent resolution. (17c) A resolution passed by one \nhouse and agreed to by the other. -It expresses the \nlegislature's opinion on a subject but does not have \nthe force oflaw. \njoint resolution. (17c) A legislative resolution passed by \nboth houses. _ It has the force oflaw and is subject to \nexecutive veto. [Cases: Statutes ~22,229.] \nsimple resolution. (I8c) A resolution passed by one \nhouse only. _ It expresses the opinion or affects the \ninternal affairs of the passing house, but it does not \nhave the force oflaw. \n2. Formal action by a corporate board of directors \nor other corporate body authorizing a particular act, \ntransaction, or appointment. -Also termed corporate \nresolution. \nshareholder resolution. A resolution by shareholders, \nusu. to ratify the actions ofthe board of directors. \n3. A document containing such an expression or autho\nrization. \nresolutions committee. See COMMITTEE. \nResolution Trust Corporation. A federal agency estab\nlished to act as a receiver for insolvent federal savings\nand-loan associations and to transfer or liquidate those \nassociations' assets. _ The agency was created when the \nFederal Savings and Loan Insurance Corporation was \nabolished in 1989. Abbr. RTC. See FEDERAL SAVINGS \nAND LOAN INSURANCE CORPORATION. [Cases: Building \nand Loan Associations C=~'42(6).] \nresolutive condition. See resolutory condition under \nCONDITION (2). \nresolutory (ri-zahl-y~-tor-ee), adj. (1818) Operating or \nserving to annul, dissolve, or terminate <a resolutory \nclause>. \nresolutory condition. See CONDITION (2). \nresolving dause. See CLAUSE. \nresort, n. Something that one turns to for aid or refuge \n<the court of last resort>. -resort, vb. \nRESPA (res-pd). abbr. REAL ESTATE SETTLEMENT PRO\nCEDURES ACT. \nrespite (res-pit), n. (l4c) 1. A period oftemporary delay; \nan extension of time. 2. A temporary suspension of \na death sentence; a reprieve. [Cases: Sentencing and \nPunishment ~1798.] 3. A delay granted to a jury or \ncourt for further consideration of a verdict or appeal. 4. \nCivil law. An agreement between a debtor and several \ncreditors for an extension of time to repay the various \ndebts. La. Civ. Code art. 3084. -respite, vb. \nforced respite. A respite in which some ofthe creditors \nare compelled by a court to give the same extension of \ntime that the other creditors have agreed to. voluntary respite. A respite in which all the credi\ntors agree to the debtor's proposal for an extension \noftime. \nrespondeat ouster (ri-spon-dee-at ow-stdr). [Law Latin \n\"let him make further answer\"] An interlocutory \njudgment or order that a party who made a dilatory \nplea that has been denied must now plead on the \nmerits. -Also termed judgment respondeat ouster. \n[Cases: Pleading ~~111.47.] \n\"In case offelony, if the plea be held bad, the judgment \nis respondeat ouster; or rather, as the defendant gener\nally pleads over to the felony, the jury are charged again, \nand that at the same time with the issue on the plea of \nautrefois acquit, to inquire of the second issue, and the \ntrial proceeds as if no plea in bar had been pleaded.\" 1 \nJoseph Chitty, A Practical Treatise on the Criminal Law 461 \n(2d ed. 1826). \nrespondeat superior (ri-spon-dee-at soo-peer-ee-dr \nor sd-peer-ee-or). [Law Latin \"let the superior make \nanswer\"] (17c) Torts. The doctrine holding an employer \nor principal liable for the employee's or agent's wrongful \nacts committed within the scope of the employment or \nagency. -Also termed master-servant rule. See SCOPE \nOF EMPLOYMENT. [Cases: Labor and Employment \n3026; Principal and Agent ~159(2).] \n\"Most courts have made little or no effort to explain the \nresult, and have taken refuge in rather empty phrases, such \nas 'he who does a thing through another does it himself,' \nor the endlessly repeated formula of 'respondeat superior,' \nwhich in itself means nothing more than 'look to the man \nhigher up.'\" W. Page Keeton et aI., The Law of Torts  69, \nat 500 (5th ed. 1984). \nresponde book. Hist. Scots law. The chancellery's record \nof all duties payable by heirs who obtained royal \nwarrants for possession of the decedent's lands. \nrespondent. (16c) 1. The party against whom an appeal is \ntaken; APPELLEE. '_ In some appellate courts, the parties \nare designated as petitioner and respondent. In most \nappellate courts in the United States, the parties are \ndesignated as appellant and appellee. Often the designa\ntions depend on whether the appeal is taken by writ of \ncertiorari (or writ of error) or by direct appeal. [Cases: \nAppeal and Error C=>326; Federal Courts ~545.l.] \n2. The party against whom a motion or petition is filed. \nCf. PETITIONER. 3. At common law, the defendant in an \nequity proceeding. 4. Civil law. One who answers for \nanother or acts as another's security. \nrespondent bank. See BANK. \nrespondentia (ree-spon-den-shee-a or res-pon-). [Law \nLatin fro Latin respondere \"to answer\"] A loan secured \nby the cargo on one's ship rather than the ship itself. \nCf. BOTTOMRY. [Cases: Shipping \nrespondentia bond. See BOND (2). \nrespondere non debet (ri-spon-d~-ree non deb-dt). \n[Latin] Common-law pleading. The prayer of a plea in \nwhich the defendant insists that he or she does not have \nto answer - because of a privilege, for example. \nresponsalis (res-pon-say-lis). [Law Latin) L Hist. One \nwho appears and answers for another. 2. Eccles. law. A \nproctor. See APOCRISARlUS. \n\n1427 \nresponsa prudentium (ri-spon-sd proo-den-shee-dm). \n[Latin \"the answers of the learned\"] Roman law. The \nopinions and judgments of eminent lawyers or jurists \non questions oflaw addressed to them . The responsa \nprudentium originally constituted part of the early \nRoman civil law. Roman citizens seeking legal advice, \nas well as magistrates and judges, often referred legal \nquestions to leading jurists so as to obtain their opinions \n(responsa). The responsa of some leading jurists were \ncollected, much in the manner of caselaw digests, \nand many of them passed into Justinian's Digest. The \nphrase responsa prudentium gradually migrated to \nthe common law, but today it is ofprimarily historical \nuse. -Also spelled responsa pruden tum. \n\"[Tlhe judex, or as we would now call him, the referee, \nmight have no technical knowledge of law whatever. Under \nsuch conditions the unlearned judicial magistrates natu \nrally looked for light and leading to the jurisconsults who \ninstructed them through their responsa prudentium, the \ntechnical name given to their opinions as experts, which \nwere promptly recorded on tablets by their students or \ndisciples.\" Hannis Taylor, The Science of Jurisprudence \n90-91 (1908). \n\"In [claSSical Latin) responsa prudentium is the usual form, \nbut most of the legal sources ... have prudentum follow \ning the example of Blackstone (1765).\" The Oxford English \nDictionary(2d ed. 1989). \nresponse. Patents. A patent applicant's answer to an \noffice action, usu. countering the examiner's rejections \nand objections and often amending the claims. lCases: \nPatents C;:::::o 109.] \nresponsibility, n. (lSc) 1. LIABILITY (1). 2. Criminal law. \nA person's mental fitness to answer in court for his or \nher actions. See COMPETENCY. [Cases: Mental Health \nC;:::::o432.1 3. Criminal law. Guilt. -Also termed (in \nsenses 2 & 3) criminal responsibility. responsible, \nadj. \n\"[As for] the ambiguities of the word 'responsibility,' ... \nit is, I think, still important to distinguish two of the very \ndifferent things this difficult word may mean. To say that \nsomeone is legally responsible for something often means \nonly that under legal rules he is liable to be made either \nto suffer or to pay compensation in certain eventualities. \nThe expression 'he'll pay for it' covers both these things. \nIn this the primary sense of the word, though a man is \nnormally only responsible for his own actions or the harm \nhe has done, he may be also responsible for the actions of \nother persons if legal rules so provide. Indeed in this sense \na baby in arms or a totally insane person might be legally \nresponsible ~-again, if the rules so provide; for the word \nsimply means liable to be made to account or pay and we \nmight call this sense of the word 'legal accountability'. But \nthe new idea -the programme of eliminating responsibil \nity ...~ is not, as some have feared, meant to eliminate legal \naccountability: persons who break the law are not just to \nbe left free. What is to be eliminated are enquiries as to \nwhether a person who has done what the law forbids was \nresponsible at the time he did it and responsible in this \nsense does not refer to the legal status of accountability. \nIt means the capacity, so far as this is a matter of a man's \nmind or will, which normal people have to control their \nactions and conform to law. In this sense of responsibility \na man's responsibility can be said to be 'impaired'.\" H.LA. \nHart, \"Changing Conceptions of Responsibility,\" in Punish \nment and Responsibility 186, 196-97 (1968). \n\"Responsibility means answerability or accountability. \nIt is used in the criminal law in the sense of 'criminal rest \nresponsibility' and hence means answerability to the \ncriminal law.\" Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw and Procedure: Cases and Materials 399 (5th ed. \n1977). \nresponsible broker-dealer. See BROKER. \nresponsive, adj. (15c) Giving or constituting a response; \nanswering <the witness's testimony is not responsive to \nthe question>. [Cases: Witnesses C=-\"':\"'248.] \nresponsive action. Patents. A patent applicant's answer \nto an examiner rejections in an office action . To be \nresponsive, the answer must address all of the exam\niner's issues in detail, rather than merely submitting \nsubstitute claims. [Cases: Patents C;:::::o lOS.] \nresponsive pleading. See PLEADING (1). \nresponsive verdict. See VERDICT. \nres privatae (rays pri-vay-tee), n. pI. [Latin \"private \nthings\"] Roman & civil law. Things that can be owned \nby individuals or by the state and its political subdivi\nsions in their capacity as private citizens. La. Civ. Code \nart. 450. Also termed res in privatorum patrimo\nnio. \nres publicae (rays pab-li-see), n. pl. [Latin \"public things\"] \nRoman & civil law. Things that cannot be indiVidually \nowned because they belong to the public, such as the \nsea, navigable waters, and highways. Public things are \nowned by the state and its political subdivisions in their \ncapacity as public persons. La. Civ. Code art. 449. \nres quotidianae (rays kwoh-tid-ee-ay-nee), n. pl. [Latin] \nCivil law. Everyday matters; familiar points or ques\ntions. \nres religiosae (rays ri-lij-ee-oh-see), 11. pl. [Latin] Civil \nlaw. Religious things; esp., burial places. \nres repetundae (rays rep-;J-tiln-dee). [Latin \"things due \nto be repaid\"] Roman law. I. Money or things that can \nbe reclaimed by a person who was forced to give them \nto a public officiaL 2. The illegal act offorcing someone \nto give money or things; extortion. -Sometimes (erro\nneously) shortened to repetundae. See CRIMEN REPE\nTUNDARUM. \nres sanctae (rays sangk-tee), n. pl. [Latin \"sacred things\"] \nRoman law. The walls of a city . The Romans con\nsidered maintenance of city walls so important that \ndamage to a city's walls was a capital offense. \nres serviens (rays s3r-vee-enz). [Latin] The servient \nproperty subject to a servitude. See servient estate \nunder ESTATE (4). \nres singulorum (rays sing-gy;J-lor-dm). [Latin] Hist. 'The \nproperty of individuals. \nres sua (rays sI.Y]OO-J). [Latin] Hist. One's own property. \nrest, vb. (1905) 1. (Of a litigant) to voluntarily conclude \npresenting evidence in a trial <after the"}
{"text": ". (1905) 1. (Of a litigant) to voluntarily conclude \npresenting evidence in a trial <after the police officer's \ntestimony, the prosecution rested>. 2. (Of a litigant) to \nvoluntarily conclude presenting evidence in (a trial) \n<the defense rested its case after presenting just two \nwitnesses>. In sense 1, the verb is intransitive; in \nsense 2, it is transitive. \n\n1428 Restatement \nRestatement. One of several influential treatises pub\nlished by the American Law Institute describing the \nlaw in a given area and guiding its development.  The \nRestatements use a distinctive format of black-letter \nrules, official comments, illustrations, and reporter's \nnotes. Although the Restatements are frequently cited \nin cases and commentary, a Restatement provision \nis not binding on a court unless it has been officially \nadopted as the law by that jurisdiction's highest court. \nRestatements have been published in the following areas \noflaw: Agency, Conflict of Laws, Contracts, Employ\nment Law, Foreign Relations Law of the United States, \nJudgments, Law Governing Lawyers, Property, Restitu\ntion, Security, Suretyship and Guaranty, Torts, Trusts, \nand Unfair Competition. Also termed Restatement \nafthe Law. \n\"We speak of the work which the organization should \nundertake as a restatement; its object should not only be \nto help make certain much that is now uncertain and to \nsimplify unnecessary complexities, but also to promote \nthose changes which will tend better to adapt the laws to \nthe needs of life. The character of the restatement which we \nhave in mind can be best described by saying that it should \nbe at once analytical, critical and constructive.\" Commit \ntee on the Establishment of a Permanent Organization for \nthe Improvement of the law (Elihu Root, chairman), Report \nProposing the Establishment ofan American Law Institute, \n1 All Proc. 14 (1923). \nrestater. (1955) An author or reporter ofa Restatement. \nrestaur (res-tor). 1. The recourse that insurers (esp. \nmarine underwriters) have against each other accord\ning to the date of their insurance. 2. The recourse that \nmarine insurers have against a ship's master if a loss \noccurs through the master's fault or negligence. 3. \nThe recourse that one has against a guarantor or other \nperson under a duty to indemnify. -Also spelled \nrestor. \nrestitutio in integrum (res-ta-t[y]oo-shee-oh in in-ta\ngram). [Latin] Roman & civil law. Restoration to the \nprevious condition or the status quo . In Roman law, \na praetor could accomplish this by annulling a contract \nor transaction that was strictly legally valid but ineq\nuitable and by restoring the parties to their previous \nlegal relationship. The phrase is still sometimes used in \nAmerican law (esp. in Louisiana) when a court annuls a \ncontract and orders restitution on equitable grounds. \nrestitution, n. (Bc) 1. A body ofsubstantive law in which \nliability is based not on tort or contract but on the defen\ndant's uniust enrichment. See UNJUST ENRICHMENT. 2. \nThe set of remed ies associated with that body oflaw, in \nwhich the measure ofrecovery is usu. based not on the \nplaintiff's loss, but on the defendant's gain. Cf. COM\nPENSATION; DAMAGES. 3. Return or restoration ofsome \nspecific thing to its rightful owner or status. 4. Com\npensation for loss; esp., full or partial compensation \npaid by a criminal to a victim, not awarded in a civil \ntrial for tort, but ordered as part ofa criminal sentence \nor as a condition of probation. [Cases: Damages \n1; Implied and Constructive Contracts C=4; Infants \nC=224; Sentencing and Punishment <.r'-=' 1973, 2100\n2217.] restitutionary, ad). \"The term 'restitution' appears in early decisions, but \ngeneral recognition probably began with the publication \nof the Restatement ofRestitution [in 1937]. The term is not \nwholly apt since it suggests restoration to the successful \nparty of some benefit obtained from him. Usually this will \nbe the case where relief is given, but by no means always. \nThere are cases in which the successful party obtains res \ntitution of something he did not have before, for example \na benefit received by the defendant from a third person \nwhich justly should go to the plaintiff.\" 1 George E. Palmer, \nThe Law of Restitution  1.1, at 4 (1978). \n\"'Restitution' is an ambiguous term, sometimes referring \nto the disgorging of something which has been taken and \nat times referring to compensation for injury done. Often, \nthe result under either meaning of the term would be \nthe same. If the plaintiff has been defrauded into paying \n$1,000 to the defendant, his loss and the defendant's gain \ncoincide. Where they do not coincide, as where the plain \ntiff is out of pocket more than the defendant has gained \nand the defendant's conduct is tortious, the plaintiff will \nrecover his loss in a quasicontractual or equitable action \nfor restitution. Unjust impoverishment as well as unjust \nenrichment is a ground for restitution. If the defendant is \nguilty of a nontortious misrepresentation, the measure of \nrecovery is not rigid but, as in other cases of restitution, \nsuch factors as relative fault, the agreed upon risks, and \nthe fairness of alternative risk allocations not agreed upon \nand not attributable to the fault of either party need to be \nweighed.\" John D. Calamari &Joseph M. Perillo, The Law or \nContracts  923, at 376 (3d ed. 1987). \nrestitutionary redress. See REDRESS. \nrestitution damages. See DAMAGES. \nrestitutione extracti ab ecclesia (res-ta-t[y]oo-shee-oh\nnee ek-strak-tI ab e-klee-z[h]ee-a). [Latin] Eccles. law. \nA writ restoring someone who had been suspected or \naccused ofa felony to the church. \nrestitutione temporalium (res-ta-t[y]oo-shee-oh-nee \ntem-pa-ray-Iee-am). [Latin] Eccles. law. A writ direct\ning the sheriff to restore the temporalities ofa diocese \nto a bishop. See TEMPORALITY (2). \nrestitution interest. See INTEREST (2). \nrestitutory interdict. See INTERDICT (1). \nrestitutory right. See RIGHT. \nrestor. See RESTAUR, \nrestorative justice. An alternative delinquency sanction \nfocused on repairing the harm done, meeting the \nvictim's needs, and holding the offender responsible \ntor his or her actions . Restorative-justice sanctions \nuse a balanced approach, producing the least restrictive \ndisposition while stressing the offender's accountability \nand providing relief to the victim. The offender may be \nordered to make restitution, to perform community \nservice, or to make amends in some other way that the \ncourt orders. \nrestorative motion. See MOTION (2). \nrestoratory motion. See restorative motion under \nMOTION (2). \nrestraining order. (1876) 1. A court order prohibiting \nfamily violence; esp., an order restricting a person \nfrom harassing, threatening, and sometimes merely \ncontacting or approaching another specified person . \n This type of order is issued most commonly in cases \n\nofdomestic violence. A court may grant an ex parte \nrestraining order in a family-violence case if it is nec \nessary to (1) achieve the government's interest in pro\ntecting victims offamily violence from further abuse, \n(2) ensure prompt action where there is an immediate \nthreat ofdanger, and (3) provide governmental control \nby ensuring that judges grant such orders only where \nthere is an immediate danger of such abuse. Fuentes \nv. Shevin, 407 U.S. 67, 92 S.Ct. 1983 (1972). Also \ntermed protection order; protective order; stay-away \norder. See ex parte motion under MOTION. [Cases: Pro\ntection of Endangered Persons <8=>70-82.] 2. TEMPO\nRARY RESTRAINING ORDER. 3. A court order entered to \nprevent the dissipation or loss ofproperty. \nrestraining power. See POWER (3). \nrestraining statute. See disabling statute under STAT\nUTE. \nrestraint, n. (ISc) 1. Confinement, abridgment, or limita\ntion <a restraint on the freedom ofspeech>. See PRIOR \nRESTRAINT. 2. Prohibition of action; holding back \n<the victim's family exercised no restraint -they \ntold the suspect exactly what they thought ofhim>. 3. \nRESTRAINT OF TRADE. 4. FORFEITURE RESTRAINT. \nrestraint ofmarriage. (16c) A condition (esp. in a gift or \nbequest) that nullifies the grant to which it applies ifthe \ngrantee marries or remarries. -Restraints ofmarriage \nare usu. void ifthey are general or unlimited in scope. \n[Cases: Contracts <8=> 111.] \nrestraint of princes. Archaic. An embargo. -The \nphrase still occaSionally appears in marine-insurance \ncontexts. -Also termed restraint ofprinces and rulers; \nrestraint ofprinces, rulers, and people. See EMBARGO. \nrestraint of trade. 1. A limitation on business dealings \nor professional or gainful occupations. 2. Antitrust. \nAn agreement between two or more businesses or a \ncombination ofbusinesses intended to eliminate com\npetition, create a monopoly, artificially raise prices, or \notherwise adversely affect the free market -Restraints \nof trade are usu. illegal, but may be declared reason\nable if they are in the best interests ofboth the parties \nand the public. Often shortened to restraint. Also \ntermed conspiracy in restraint oftrade. See PER SE RULE; \nRULE OF REASON. [Cases: Antitrust and Trade Regula\ntion \nhorizontal restraint. A restraint of trade imposed by \nagreement between competitors at the same level of \ndistribution. - The restraint is horizontal not because \nit has horizontal effects, but because it is the product \nofa horizontal agreement. -Also termed horizontal \nagreement. \nunreasonable restraint oftrade. A restraint of trade \nthat produces a Significant anticompetitive effect and \nthus violates antitrust law. \nvertical restraint. A restraint of trade imposed by \nagreement between firms at different levels ofdistri\nbution (as between manufacturer and retailer). restraint on alienation. (l8c) 1. A restriction, usu. in \na deed of conveyance, on a grantee's ability to sell or \ntransfer real property; a provision that conveys an \ninterest and that, even after the interest has become \nvested, prevents or discourages the owner from dispos\ning ofit at all or from disposing ofit in particular ways \nor to particular persons. -Restraints on alienation \nare generally unenforceable as against public policy \nfavoring the free alienability ofland. Also termed \nunreasonable restraint on alienation. 2. A trust provi\nsion that prohibits or penalizes alienation of the trust \ncorpus. [Cases: Perpetuities C~\"6.] \nrestricted indorsement. See conditional indorsement \nunder INDORSEMENT. \nrestricted interpretation. See restrictive interpretation \nunder INTERPRETATION. \nrestricted security. See SECURITY. \nrestricted stock. See restricted security under \nSECURITY. \nrestricted surplus. See SURPLUS. \nrestricted visitation. See supervised visitation under \nVISITATION. \nrestriction. (ISc) 1. A limitation or qualification. 2. A \nlimitation (esp. in a deed) placed on the use or enjoy\nment of property. See restrictive covenant under \nCOVENANT (4). [Cases: Covenants <8=>49-52, 69.] \nconservation restriction. See conservation easement \nunder EASEMENT. \n3. Military law. A deprivation of liberty involving \nmoral and legal, rather than physical, restraint. - A \nmilitary restriction is imposed as punishment either \nby a commanding officer's nonjudicial punishment \nor by a summary, special, or general court-martial. \nRestriction is a lesser restraint because it permits the \nrestricted person to perform full military duties. See \nnonjudicial punishment under PUNISHMENT. [Cases: \nMilitary Justice <8=>526, 1322.1.] \nrestriction in lieu ofarrest. A restriction in which a \nperson is ordered to stay within specific geographi\ncal limits, such as a base or a ship, and is permitted to \nperform full military duties. [Cases: Military Justice \n(::\";;>935.1.] \n4. Patents. A patent examiner's ruling that a patent \napplication comprises two or more patentably distinct \nor independent inventions; the requirement that the \napplicant elect one invention to continue prosecuting \nunder the original application by abandoning some \nof the original claims. -The applicant may defend \nthe claims by traversing the requirement, abandon \nany nonelected invention, or continue prosecuting \nany nonelected invention under a separate divisional \napplication. -Also termed requirement for restric\ntion; restriction requirement; division. Cf. OBJECTION \n(2); REJECTION (4). [Cases: Patents <8=> 120.] \nrestriction application. See divisional application under \nPATENT APPLICATION. \nrestriction requirement. See RESTRICTION (4). \n\nrestrictive condition. See negative condition under CON\nDITTON (2). \nrestrictive covenant. 1. See noncompetition covenant \nunder COVENANT (1). 2. See COVENANT (4). \nrestrictive covenant in equity. See restrictive covenant \nunder COVENANT (4). \nrestrictive indorsement. See INDORSEMENT. \nrestrictive interpretation. See INTERPRETATION. \nrestrictive principle of sovereign immunity. The \ndoctrine by which a foreign nation's immunity does \nnot apply to claims arising from the nation's private \nor commercial acts, but protects the nation only from \nclaims arising from its public functions. See COM\nMERCIAL-ACTIVITY EXCEPTION; JURE GESTTONIS; JURE \nIMPERII. [Cases: International Law (;=>10"}
{"text": "PTION; JURE GESTTONIS; JURE \nIMPERII. [Cases: International Law (;=>10.33.] \n\"[Tlhe [Foreign Sovereignjlmmunities Act codified the \nso-called 'restrictive' principle of sovereign immunity, as \nrecognized in international law. Under this doctrine, the \nimmunity of a foreign state in the courts of the United \nStates is 'restricted' to claims involving the foreign state's \npublic acts and does not extend to suits based on its com\nmercial or private conduct.\" 14A Charles Alan Wright et \na!., Federal Practice and Procedure  3662, at 161-62 (3d \ned.1998). \nrestrictive title. See TITLE (3). \nresulting power. See POWER (3). \nresulting trust. See TRUST. \nresulting use. See USE (4). \nresume consideration. See take from the table under \nTABLE. \nresummons. (ISc) A second or renewed summons to a \nparty or witness already summoned. See SUMMONS. \nresumption. 1. The taking back of property previously \ngiven up or lost. 2. Hist. The retaking by the Crown \nor other authority of lands or rights previously given \nto another (as because of false suggestion or other \nerror). \nres universitatis (rays yoo-na-var-sa-tay-tis), n. pl. [Latin] \nRoman law. Things belonging to a community or cor\nporate body and free to be used by all its members. \nresurrender, n. Hist. The return ofa copyhold estate to \na mortgagor by the mortgagee after the debt has been \nrepaid. See SURRENDER OF COPYHOLD. \nretail, n. lhe sale of goods or commodities to ultimate \nconsumers, as opposed to the sale for further distribu\ntion or processing. retail, adj. Cf. WHOLESALE. \nretail, vb. \nretailer, n. A person or entity engaged in the business of \nselling personal property to the public or to consum\ners, as opposed to selling to those who intend to resell \nthe items. \nretail installment contract. See CONTRACT. \nretail installment contract and security agreement. See \nretail installment contract under CONTRACT. \nretail installment sale. See INSTALLMENT SALE. \nretail sales tax. See sales tax under TAX. retainage (ri-tayn-ij). (1901) A percentage of what a \nlandowner pays a contractor, withheld until the con\nstruction has been satisfactorily completed and all \nmechanic's liens are released or have expired. -Also \ntermed retained fund. [Cases: Contracts (;=>214, \n221(3).] \nretained earnings. See EARNINGS. \nretained fund. See RET AINAGE. \nretained income trust. See grantor-retained income trust \nunder TRUST. \nretainer, n. (I8c) 1. A client's authorization for a lawyer \nto act in a case <the attorney needed an express retainer \nbefore making a settlement offer>. [Cases: Attorney and \nClient C='64.] 2. A fee that a client pays to a lawyer \nsimply to be available when the client needs legal help \nduring a specified period or on a specified matter. \n[Cases: Attorney and Client 137.] 3. A lump-sum \nfee paid by the client to engage a lawyer at the outset of \na matter. -Also termed engagement fee. 4. An advance \npayment of fees for work that the lawyer will perform in \nthe future. Also termed retainingfee. Cf. ATTORNEY'S \nFEES. [Cases: Attorney and Client (;=> 137.] retain, \nvb. \n\"Over the years, attorneys have used the term 'retainer' in \nso many conflicting senses that it should be banished from \nthe legal vocabulary. .. If some primordial urge drives you \nto use the term 'retainer: at least explain what you mean \nin terms that both you and the client will understand.\" \nMortimer D. Schwartz & Richard C. Wydick, Problems in \nLegal Ethics 100, 101 (2d ed. 1988). \ngeneral retainer. (18c) A retainer for a specific length \nof time rather than for a specific project. [Cases: \nAttorney and Client (;=> 137.] \nspecial retainer. (18c) A retainer for a specific case or \nproject. [Cases: Attorney and Client (;=> 137.] \nretaining fee. See RETAINER (4). \nretaining lien. See LIEN. \nretaliatory discharge. See DISCHARGE (7). \nretaliatory eviction. See EVICTION. \nretaliatory law. (1820) A state law restraining another \nstate's businesses as by levying taxes in response \nto similar restraints imposed by the second state on the \nfirst state's businesses. \nretaliatory tariff. See TARIFF (2). \nretallia (ri-tal-ee-a). [Law Latin] Hist. The sale of goods \nor commodities in small quantities; retail. \nretenementum (ri-ten-a-men-tam). Hist. A withholding; \nrestraint or detainment. \nretenta possessione (ri-ten-ta p<'l-zes[h]-ee-oh-nee). \n[Latin] Hist. Possession being retained. \nretention. Scots law. A possessor's right to keep a movable \nuntil the possessor's claim against the movable or its \nowner is satisfied; a lien. \ngeneral retention. Scots law. A possessor's right to \nkeep all property owned by a debtor as security for \nthe debt. \n\n1431 retributivism \nspecial retention. Scots law. A possessor's right to \nkeep property owned by another until reimbursed \nfor expenditures on the property for its repair or for \nits care and maintenance. \nretinue. A group of persons who are retained to follow \nand attend to a sovereign, noble, or other distinguished \nperson. \nretired stock. See treasury stock under STOCK. \nretirement, n. (16c) 1. Termination ofone's own employ\nment or career, esp. upon reaching a certain age or for \nhealth reasons; retirement may be voluntary or involun\ntary. 2. Withdrawal from action or for privacy <Carol's \nretirement to her house by the lake>. 3. Withdrawal \nfrom circulation; payment of a debt <retirement of a \nseries of bonds>. See REDEMPTION. retire, vb. \ncompulsory retirement. Mandatory retirement based \non a person's age, esp. as specified in a union contract, \nby corporate policy, or by statute. \nretirement annuity. See ANNUITY. \nRetirement Equity Act of 1984. A federal law that \nrequires private pension plans to comply with the \ncourt-ordered division of a pension between spouses \nand permits the plan administrator to pay all or part of \na worker's pensions and survivor benefits directly to a \nformer spouse ifthe plan has been served with a court \norder that meets the federal requirements for a quali\nfied domestic-relations order. 29 USCA  1056(d)(3). \nSee QUALIFIED DOMESTIC-RELATIONS ORDER. [Cases: \nLabor and Employment C:\"::>594.J \nretirement-income insurance. See INSURANCE. \nretirement plan. See EMPLOYEE BENEFIT PLAN. \nretorna brevium (ri-tor-nd bree-vee-am). [Law Latin] \nHist. The return of a writ.  This was the indorsement \non a writ by a sheriff or other officer, reporting on the \nwrit's execution. \nretorno habendo. See DE RETORNO HABENDO. \nretorsion (ri-tor-sh.:m). Int'llaw. An act oflawful retali\nation in kind for another nation's unfriendly or unfair \nact. Examples of retorsion include suspending dip\nlomatic relations, expelling foreign nationals, and \nrestricting travel rights. Also spelled retortion. Cf. \nREPRISAL (2). \nretraction, n. (14c) 1. The act of taking or drawing back \n<retraction ofanticipatory repudiation before breach of \ncontract>. 2. The act ofrecanting; a statement in recall \ntat ion <retraction of a defamatory remark>. [Cases: \nLibel and Slander (;:::J66.j 3. Wills & estates. A with\ndrawal ofa renunciation <because ofher retraction, she \ntook property under her uncle's will>. See RENUNCIA\nTION (3). 4. Copyright. The right ofauthors and artists \nto renounce their creative works and to forbid their \nsale or display . Retraction is one of the moral rights \nofartists recognized in civil-law countries and much of \nEurope, but largely unavailable in the United States. \nAlso termed (in sense 4) withdrawal. -retract, vb. \nretractus feudalis (ri-trak-tas fyoo-day-lis). (Law Latin \n\"a recall of the fee\"] Scots law. A superior's right to pay a debt of a vassal's lands in exchange for the return of \nthe conveyance. \nretraxit (ri-trak-sit). [Latin \"he has withdrawn\"] A plain\ntiff's voluntary withdrawal ofa lawsuit in court so that \nthe plaintiff forever forfeits the right of action. In \nmodern practice, retraxit is called voluntary dismissal \nwith prejudice. A dismissal without prejudice does not \noperate as a retraxit. See judgment of retraxit under \nJUDGMENT. \nretreat rule. (1935) Criminal law. The doctrine holding \nthat the victim of an assault has a duty to retreat instead \nof resorting to deadly force in self-defense, unless (1) the \nvictim is at home or in his or her place ofbusiness (the \nso-called castle doctrine), or (2) the assailant is a person \nwhom the victim is trying to arrest.  A minority of \nAmerican jurisdictions have adopted this rule. Cf. NO\nRETREAT RULE. [Cases: Homicide (;:::>798.] \n\"The rationale for the retreat rule is not difficult to ascer\ntain, at least in part. It rests upon the view that human life, \neven the life of an aggressor, is sufficiently important that \nit should be preserved when to do so requires only the sac\nrifice of the much less important interest in standing one's \nground.\" George E. Dix, \"Justification: Self-defense,\" in 3 \nEncyclopedia of Crime and Justice 946. 948-49 (Sanford \nH. Kadish ed., 1983). \nretrial, n. (18c) A new trial ofan action that has already \nbeen tried. See trial de novo under TRIAL. [Cases: \nFederal Civil Procedure (;:::J2311; New Trial (;::;.-'0.5.] \nretry, vb. \nretribution, n. (14c) 1. Criminal law. Punishment \nimposed as repayment or revenge for the offense com\nmitted; requital. Cf. DETERRENCE; REHABILITATION (1). \n[Cases: Sentencing and Punishment (;:::J44.J 2. Some\nthing justly deserved; repayment; reward. retribu\ntive, adj. -retribute, vb. \nretributive danger. See DANGER. \nretributive punishment. See PUNISHMENT. \nretributivism (ri-trib-Yd-ta-viz-am). (1966) The legal \ntheory by which criminal punishment is justified, as \nlong as the offender is morally accountable, regardless \nof whether deterrence or other good consequences \nwould result . According to retributivism, a criminal \nis thought to have a debt to pay to society, which is \npaid by punishment. The punishment is also sometimes \nsaid to be society's act ofpaying back the criminal for \nthe wrong done. Opponents of retributivism some\ntimes refer to it as vindictive theory.\" Cf. hedonistic \nutilitarianism under UTILITARIANISM; UTILITARIAN\nDETERRENCE THEORY. [Cases: Sentencing and Punish\nment (;:::J44.J \nmaximalist retributivism.The classical form ofretrib\nutivism, espoused by scholars such as Immanuel Kant, \nunder which it is argued that society has a duty, not \njust a right, to punish a criminal who is guilty and \nculpable, that is, someone who has no justification \nor excuse for the illegal act. \nminimalist retributivism. The more contemporary \nform of retributivism, which maintains that no \none should be punished in the absence of guilt and \n\nretroactive 1432 \nculpability (that is, unless punishment is deserved), \nand that a judge may absolve the offender from pun\nishment, wholly or partially, when doing so would \nfurther societal goals such as rehabilitation or deter\nrence. \nretroactive, adj. (17c) (Ofa statute, ruling, etc.) extend\ning in scope or effect to matters that have occurred in \nthe past. Also termed retrospective. Cf. PROSPECTIVE \n(1). [Cases: Administrative Law and Procedure C~:::>419; \nCourts 100(1); Statutes C=>278.2.] retroactiv\nity, n. \n\"'Retroactivity' is a term often used by lawyers but rarely \ndefined. On analysis it soon becomes apparent, moreover, \nthat it is used to cover at least two distinct concepts. The \nfirst, which may be called 'true retroactivity,' consists in \nthe application of a new rule of law to an act or transaction \nwhich was completed before the rule was promulgated. \nThe second concept, which will be referred to as 'quasi \nretroactivity,' occurs when a new rule of law is applied to \nan act or transaction in the process of completion .... [T] \nhe foundation of these concepts is the distinction between \ncompleted and pending transactions ....\" T.C. Hartley, The \nFoundations ofEuropean Community Law 129 (1981). \nretroactive law. (18c) A legislative act that looks backward \nor contemplates the past, affecting acts or facts that \nexisted before the act came into effect. - A retroactive \nlaw is not unconstitutional unless it (1) is in the nature \nofan ex post facto law or a bill ofattainder, (2) impairs \nthe obligation ofcontracts, (3) divests vested rights, or \n(4) is constitutionally forbidden. Also termed retro\nspective law; retroactive statute; retrospective statute. \n["}
{"text": "(4) is constitutionally forbidden. Also termed retro\nspective law; retroactive statute; retrospective statute. \n[Cases: Statutes C=>278.3, 278.9.] \nretrocession. (17c) l. The act of ceding something back \n(such as a territory or jurisdiction). [Cases: United \nStates C=>3.] 2. The return ofa title or other interest in \nproperty to its former or rightful owner. 3. The process \noftransferring all or part ofa reinsured risk to another \nreinsurance company; reinsurance ofreinsurance. \nSubsequent retrocessions are referred to as first retro\ncession, second retrocession, and so on. 4. The amount \nof risk that is so transferred. \nretrocessionaire. Reinsurance. A reinsurer ofa reinsurer. \nSee RETROCESSION. \nretrocessional agreement. An agreement proViding for \nreinsurance ofreinsurance. \nretrospectant evidence. See EVIDENCE. \nretrospective, adj. See RETROACTIVE. \nretrospective law. See RETROACTIVE LAW. \nretrospective statute. See RETROACTIVE LAW. \nreturn, n. (ISc) 1. A court officer's bringing back of \nan instrument to the court that issued it; RETURN OF \nWRIT <a sheriff's return ofcitation>. [Cases: Execution \nC=>330-347.] 2. A court officer's indorsement on an \ninstrument brought back to the court, reporting what \nthe officer did or found <a return of nulla bona>. See \nFALSE RETURN (1). 3. TAX RETURN <file your return \nbefore April 15>. 4. (usu. pl.) An official report ofvoting \nresults <election returns>. 5. Yield or profit <return on \nan investment>. See RATE OF RETURN. return, vb. capital return. Tax. Revenue that represents the repay\nment of cost or capital and thus is not taxable as \nincome. -Also termed return ofcapital. \nfair return on investment. The usual or reasonable \nprofit in a business, esp. a public utility. \nnet return. 1he profit on an investment after deducting \nall investment expenses. \nreturn ofcapital. See capital return. \nreturn date. See return day under DAY. \nreturn day. See DAY. \nreturnee. A refugee whom authorities have returned to \nthe country oforigin; one who has fled from the home \ncountry and then been sent back. [Cases: Aliens, Immi\ngration, and Citizenship (;=644.] \nreturning board. An official body or commission that \ncanvasses election returns. \nreturn ofprocess. See PROOF OF SERVICE. \nreturn ofservice. See PROOF OF SERVICE. \nreturn ofwrit. (18c) The sheriff's bringing back a writ \nto the court that issued it, with a short written account \n(usu. on the back) ofthe manner in which the writ was \nexecuted. Often shortened to return. See RETURN \n(1). [Cases: Execution C=>334; Sheriffs and Constables \nC=>87.] \nreunification. The return of a child who has been \nremoved from his or her parents because ofabuse or \nneglect by one or both ofthem. When a child has been \nremoved from the home because of abuse or neglect, \nthe state's primary goal is family reunification as long \nas this is in the best interests of the child. The state is \nrequired, in most instances, to provide the parent or \nparents with services that will enable them to proVide \nadequately for their child upon his or her return. After \nthe enactment of the Adoption and Safe Families Act \nin 1997, states became more concerned with limiting \nthe time that children are in foster care and less con\ncerned with lengthy reunification plans. -Also termed \nfamily reunification. See ADOPTION AND SAFE FAMILIES \nACT; PERMANENCY PLAN; ADOPTION ASSISTANCE A:'<lD \nCHILD WELFARE ACT. [Cases: Infants 231.] \nreunify, vb. \nre-up, vb. 1. To reenlist in one of the armed forces <the \nsoldier re-upped the day after being discharged>. \n[Cases: Armed Services (r'18.5.] 2. To sign an exten\nsion to a contract, esp. an employment agreement <the \nstar athlete re-upped in a three-year deal worth $12 \nmillion>. \nreus (ree-ds). [Latin] Roman & civil law. 1. A defendant. \nCf. ACTOR (3). 2. A party to a suit, whether plaintiffor \ndefendant. 3. A party to a contract or transaction, esp. \none assuming a debt or obligation. 4. Roman law. In \ncriminal law, an accused or convicted person. PI. rei. \nFem, rea, pI. reae. \nreus promittendi (ree-ds proh-mi-ten-dI). [Latin \"party \npromising\"] Roman law. The answerer in a Roman-law \n\n1433 reverse doctrine of equivalents \nstipulation. Also termed promissor. See STIPULA\nTION (3). \nreus stipulandi (ree-;)s stip-Yd-lan-dI). [Latin \"party \nstipulating\"] Roman law. The questioner in a Roman\nlaw stipulation. -Also termed stipulator. See STIPU\nLATION (3). \nrevalidation. See REPUBLICATION (2). \nrevaluation, n. An increase in the value ofone currency \nin relation to another currency. Cf. DEVALUATION. \nrevalue, vb. \nrevaluation surplus. See SURPLUS. \nrev'd. abbr. Reversed. \nreve (reev). Hist. The bailiff of a franchise or manor. See \nREEVE. \nrevendication, n. 1. The recovery or claiming back of \nsomething by a formal claim or demand. 2. Civil law. \nAn action to recover real rights in and possession of \nproperty that is wrongfully held by another.  This \nis analogous to the common-law replevin. [Cases: \nReplevin (,-'-:::c 1.] revendicate, vb. \nrevendicatory action. See petitory action under ACTION \n(4). \nrevenue. (I5c) Gross income or receipts. \ngeneral revenue. The income stream from which a state \nor municipality pays its obligations unless a law calls \nfor payment from a special fund. See general fund \nunder FUND (1). [Cases: Municipal Corporations~' \n886; States ~126.] \nland revenue. Revenue derived from lands owned by \nthe Crown in Great Britain . Since, over the years, \ncrown lands have been largely granted to subjects, \nthey are now transferred within very narrow limits. \nSee Crown land under LAND. \nmarginal revenue. The amount ofrevenue earned from \nthe sale of one additional unit. \npublic revenue. A government's income, usu. derived \nfrom taxes, levies, and fees. \nrevenue agent's report. A report indicating any adjust\nments made to a tax return as a result ofan IRS audit. \n After an audit, this report is mailed to the taxpayer \nalong with a thirty-day letter. Abbr. RAR. See \nTHIRTY-DAY LETTER. \nrevenue bill. See BILL (3). \nrevenue bond. See BOND (3). \nRevenue Procedure. An official statement by the IRS \nregarding the administration and procedures of the \ntax laws. -Abbr. Rev. Proc. [Cases: Internal Revenue \n~3048.J \nRevenue Ruling. An official interpretation by the IRS \nof the proper application of the tax law to a specific \ntransaction . Revenue Rulings carry some authorita\ntive weight and may be relied on by the taxpayer who \nrequested the ruling. Abbr. Rev. Rul. [Cases: Internal \nRevenue C.:::~'3043, 3049.] revenue stamp. (1862) A stamp used as evidence that a \ntax has been paid. [Cases: Internal Revenue (.:::;)4406; \nTaxation ~3679.] \nrevenue tariff. See TARIFF (2). \nre, verbis, literis, consensu (ree, vilr-bis, lit-;)r-is, k<ln\nsen-s[y]oo). [Latin] Roman law. By the performance \n(namely, handing over), by words, by writing, by \nconsent.  The phrase appeared in reference to the four \nclasses of Roman contract. \nreversal, n. (15c) 1. An appellate court's overturning \nof a lower court's decision. [Cases: Appeal and Error \nC::> 1156-1180; Criminal Law 1185-1190; Federal \nCourts (.::::'932.J 2. Securities. A change in a security's \nnear-term market-price trend. \nreverse, vb. To overturn (a judgment) on appeal.  Some\ntimes, the verb is used without a direct object <We \nreverse>. The equivalent expression in British English \nis to allow the appeal. [Cases: Appeal and Error ~ \n1156-1180; Criminal Law (::::;,1187; Federal Courts \n932.] \nreverse annuity mortgage. See MORTGAGE. \nreverse bear hug. See BEAR HUG. \nreverse bonus. See reverse contingentfee under CONTIN\nGENT FEE. \nreverse condemnation. See inverse condemnation under \nCONDEMNATION. \nreverse confusion. See CONFUSION. \nreverse-confusion doctrine. Intellectual property. 1he \nrule that it is unfair competition if the defendant's use \nof a title that is confUSingly similar to the one used by \nthe plaintiff leads the public to believe that the plain\ntiff's work is the same as the defendant's, or that it is \nderived from or associated in some manner with the \ndefendant.  Under the conventional passing-off form \nof unfair competition, similarity of titles leads the \npublic to believe that the defendant's work is the same \nas the plaintiff's work, or is in some manner derived \nfrom the plaintiff. But in reverse confusion, the unfair \ncompetition results from the confusion created about \nthe origin ofthe plaintiff's work. [Cases: Antitrust and \nTrade Regulation (.::~'38; Trademarks ~1089.] \nreverse consensus. Intellectual property. In a dispute-set\ntlement procedure under TRIPs, an agreement between \nthe parties that a dispute should not be submitted to \na World Trade Organization panel for adjudication. \n Before TRIPs, any party could delay formation of \na WTO panel or adoption of its report by withhold\ning consensus. Under TRIPs, each process is automatic \nunless all parties agree not to go forward. \nreverse contingent fee. See CONTINGENT FEE. \nreverse discovery. See reverse Jencks material under \nJENCKS MATERIAL. \nreverse discrimination. See DISCRIMINATION. \nreverse doctrine of equivalents. See DOCTRINE OF \nEQUIVALENTS. \n\n1434 reverse-engineering \nreverse-engineering. Intellectual property. The process \nof discovering how an invention works by inspect\ning and studying it, esp. by taking it apart in order to \nlearn how it works and how to copy it and improve it. \n Reverse engineering is a proper means of discovering \ntrade secrets, according to the Uniform Trade Secrets \nAct, and is a defense against a suit for misappropriation \noftrade secrets. But it is not a defense in a suit for patent \ninfringement. -reverse-engineer, vb. \nreverse Erie doctrine. I. 'Ihe rule that a state court must \napply federal law when state law is preempted by federal \nlaw or federal law prevails by an Erie-like balancing of \nthe facts in situations not already regulated by Congress \nor the Constitution. 2. Maritime law. The principle that a \nstate court hearing an admiralty or maritime case must \napply federal admiralty law even ifthat law conflicts with \nthe law of the state. Often shortened to reverse Erie. \nAlso termed converse-Erie doctrine; inverse-Erie doctrine. \nCf. ERIE DOCTRINE. [Cases: Admiralty C-::'1.20.] \nreverse FOIA suit (foY-J). A lawsuit by the owner of a \ntrade secret or other information exempt from disclo\nsure under a freedom-of-information act to prevent a \ngovernmental entity from making that information \navailable to the public. See FREEDOM OF INFORMATION \nACT, [Cases: Records 63.] \nreverse Jencks. See reverse Jencks material under JENCKS \nMATERIAL. \nreverse mortgage. See reverse annuity mortgage under \nMORTGAGE. \nreverse palming off. See PASSING OFF. \nreverse passing off. See PASSING OFF. \nreverse spot zoning. See ZONING. \nreverse stock split. See STOCK SPLIT. \nreverse subsidiary merger. See reverse triangular merger \nunder MERGER. \nreverse transfer statute. See TRANSFER STATUTE. \nreverse triangular merger. See MERGER. \nreversible error. See ERROR (2). \nreversio (ri-v;Jr-shee-oh). [Law Latin] Hist. The returning \nofland to the grantor. \nreversion, n. (I5c) 1. The interest that is left after sub\ntracting what the transferor has parted with from what \nthe transferor originally had; specif., a future interest \nin land arising by operation oflaw whenever an estate \nowner grants to another a particular estate, such as a \nlife estate or a term of years, but does not dispose ofthe \nentire interest . A reversion occurs automatically upon \ntermination of the prior estate, as when a life tenant \ndies. Also termed reversionary estate; estate in rever\nsion; equitable reversion. [Cases: Reversions 2. \nLoosely, REMAI:-<DER. Cf. POSSIBILITY OF REVERTER; \nREMAINDER. reversionary, adj. -revert, vb. \nreversionary estate. See REVERSION. \nreversionary interest. See INTEREST (2). \nreversionary lease. See LEASE. reversioner. (17c) 1. One who possesses the reversion \nto an estate; the grantor or heir in reversion. [Cases: \nReversions 0~'1.] 2. Broadly, one who has a lawful \ninterest in land but not the present possession of it. \nreversor. Scots law. A debtor who secures a debt bv \npledging property to a creditor and retaining a right \nof reversion. \nreverter. See POSSIBILITY OF REVERTER. \nreverter guarantee. Real estate. A mortgage clause pro\ntecting the mortgagee against a loss occasioned by the "}
{"text": "\nreverter guarantee. Real estate. A mortgage clause pro\ntecting the mortgagee against a loss occasioned by the \noccurrence of a terminating event under a possibility of \nreverter. See POSSIBILITY OF REVERTER. [Cases: Mort\ngages 0;)211.] \nrevest, vb. (16c) To vest again or anew <revesting oftitle \nin the former owner>. \nrev'g. abbr. Reversing. \nreview, n. (15c) 1. Consideration, inspection, or reex\namination of a subject or thing. 2. Plenary power to \ndirect and instruct an agent or subordinate, including \nthe right to remand, modify, or vacate any action by \nthe agent or subordinate, or to act directly in place of \nthe agent or subordinate <Subject to the Assembly's \nreview, the Council enjoys the same powers of review \nand delegation as the Assembly.>. review, vb. \nadministrative review. (1928) 1. Judicial review of an \nadministrative proceeding. [Cases: Administrative \nLaw and Procedure 0'='651.] 2. Review ofan admin\nistrative proceeding within the agency itself. [Cases: \nAdministrative Law and Procedure ~513.] \nappellate review. (1837) Examination of a lower court's \ndecision by a higher court, which can affirm, reverse, \nmodify, or vacate the decision. [Cases: Appeal and \nError ~836;Federal Courts ~751.] \ndiscretionary review. (1914) The form of appellate \nreview that is not a matter of right but that occurs \nonly with the appellate court's permission. See CER\nTIORARI. [Cases: Appeal and Error Federal \nCourts (>660.1.] \njudicial review. See JUDICIAL REVIEW. \nreviewable issue. See appealable decision under \nDECISION. \nreview hearing. See HEARING. \nrevised statutes. See STATUTE. \nrevision, n. (17c) 1. A reexamination or careful review \nfor correction or improvement. 2. Parliamentary law. \nA general and thorough rewriting of a governing \ndocument, in which the entire document is open to \namendment <bylaws revision>. 3. Military law. The \nreconvening of a general or special court-martial to \nrevise its action or to correct the record because of an \nimproper or inconsistent action concerning the findings \nor the sentence . A revision can occur only if it will \nnot materially prejudice the accused. [Cases: Military \nJustice ~1397.] 4. An altered version ofa work. \nrevival, n. (17c) 1. Restoration to current use or operation; \nesp., the act ofrestoring the validity or legal force ofan \n\n1435 \nexpired contract, an abandoned patent, or a dormant \njudgment. Also termed (for a dormant judgment) \nrevival ofjudgment. Cf. RENEWAL (2). [Cases: Federal \nCivil Procedure C=>2399; Judgment C,::>857-872.j 2. \nWills & estates. The reestablishment of the validity of \na revoked will by revoking the will that invalidated the \noriginal will or in some other way manifesting the tes\ntator's intent to be bound by the earlier will. Cf. REPUB\nLICATION (2). [Cases: Wills 196-202.] 3. Patents. \nRenewal ofa patent prosecution that has been deemed \nabandoned because the applicant did not respond to an \noffice action within the statutory period . The appli\ncant can petition for revival on the basis of unavoidable \nor unintentional delay. 37 CFR  1.137. [Cases: Patents \nC=> 107.] revive, vb. \nrevival statute. See STATUTE. \nrevivor. (i8c) A proceeding to revive an action ended \nbecause of either the death ofone ofthe parties or some \nother circumstance. [Cases: Abatement and Revival \nEquity <';:-\"303-309.] \nRevlon duty. Delaware law. The obligation ofa company's \nboard of directors, upon deciding to sell the company \nor when the sale ofthe company becomes inevitable, to \nact reasonably in seeking out and accepting a transac\ntion that offers the best value to shareholders . This \nduty was first applied in Revlon v. MacAndrews & \nForbes Holdings Inc., 506 A.2d 173, 181-82 (Del. 1986). \n[Cases: Corporations (;:='310(1), 584.] \nrevocable (rev-<l-b-b<ll), adj. (lSc) Capable of being \ncanceled or withdrawn <a revocable transfer>. [Cases: \nLicenses (~:::) 58.] \nrevocable guaranty. See GUARANTY. \nrevocable letter ofcredit. See LETTER OF CREDIT. \nrevocable trust. See TRUST. \nrevocation (rev-a-kay-sh<ln), n. (15c) 1. An annulment, \ncancellation, or reversal, usu. of an act or power. 2. \nContracts. Withdrawal of an offer by the offeror. Cf. \nREPUDIATION (2); RESCISSION; REJECTION (1). [Cases: \nContracts 19; Sales C::22(2), 23(2).] 3. Wills & \nestates. Invalidation of a will by the testator, either by \ndestroying the will or by executing a new one . A will, \nor parts of a will, may be revoked by operation of law. \nFor example, most states have a statute providing for \nthe revocation, upon divorce, ofall provisions relating \nto the testator's former spouse. [Cases: Wills C=> 167\n195.] -revoke, vb. \nrevocation hearing. See HEARING. \nrevocatory action (rev-a-k<l-tor-ee or ri-vok-<l-tor-ee). \nCivil law. An action brought by a creditor to annul a \ncontract that has been entered into by the debtor and \nthat will increase the debtor's insolvency. La. Civ. Code \nart. 2036. [Cases: Fraudulent Conveyances \n328.] \nrevocatur (ree-voh-kay-tar). [Latin] Hist. It is recalled. \nIn former English practice, this was used as a notation \non a judgment that was set aside because of a factual Rhodianlaw \nerror (as opposed to being reversed because oflegal \nerror). \nrevolution, n. An overthrow of a government, usu. \nresulting in fundamental political change; a success\nful rebellion. revolutionary, adj. & n. -revolt, vb. \nrevolver loan. See LOAN. \nrevolving charge account. See revolVing credit under \nCREDIT (4). \nrevolving credit. See CREDIT (4). \nrevolving fund. See FUND (1). \nrevolving letter ofcredit. See LETTER OF CREDIT. \nrevolving loan. See LOAN. \nrevolving performance bond. See PERFORMANCE BOND. \nRev. Proc. abbr. REVENUE PROCEDURE. \nRev. RuI. abbr. REVENUE RULING. \nRev. Stat. See revised statutes under STATUTE. \nreward, n. 1. Something of value, usu. money, given in \nreturn for some service or achievement, such as recov\nering property or providing information that leads \nto the capture of a criminal. Cf. BOUNTY (1).[Cases: \nRewards <';:-)0.5.] 2. SALVAGE (3). reward, vb. \nrewritten specification. See substitute specification \nunder SPECIFICATION (3). \nrex (reks). (usu. cap.) 1. A king. 2. lhe official title of a \nking. 3. The prosecution side (as representatives of the \nking) in criminal proceedings in a monarchy. -Abbr. \nR. Cf. REGINA. \nrezone, vb. (1951) To change the zoning boundaries or \nrestrictions of(an area) <rezone the neighborhood>. See \nZONING. [Cases: Zoning and Planning (;c:;,> 151-199.] \nRFA. abbr. REQUEST FOR ADMISSION. \nRFI. abbr. REQUEST FOR INSTRUCTIONS. \nRFP. abbr. 1. REQUEST FOR PRODUCTION. 2. See REQUEST \nFOR PROPOSAL. \nr.g. abbr. REGULA GENERALIS. \nrhadamanthine (rad-<l-man-thin), adj. (often cap.) \n(1840) (Of a judge) rigorous and inflexible <the judge's \nrhadamanthine interpretation of procedural require\nments makes it essential to study the local rules before \nappearing in court>. \nRhodian law (roh-dee-<ln). As legend would have it, the \nearliest known system or code of maritime law, sup\nposedly dating from 900 B.C. and adopted intact by \nthe Romans . Rhodian law was purportedly devel\noped by the people ofthe island Rhodes, located in the \nAegean Sea and now belonging to Greece. 'The ancient \ninhabitants of Rhodes are said to have controlled the \nseas because oftheir commercial prosperity and naval \nsuperiority. Despite the uncertainties about its history, \nRhodian law has often been cited as a source of admi\nralty and maritime law. \n\"A strong tradition says that a maritime code was promul\ngated by the Island of Rhodes, in the Eastern Mediterra' \nnean, at the height of its power; the ridiculously early date \nof gOO S.C has even been assigned to this suppositious \n\nRHS 1436 \ncode ~a date accepted uncritically by some legal scholars. I right, n. (bef. 12c) 1. That which is proper under law, \nBut even the existence of such a code has been pretty well \ncast in doubt, and we know next to nothing of its contents, \nif it existed. It is interesting to note, however, that the root\nprinciple of the highly distinctive maritimelaw system of \ngeneral average ... is clearly stated in Justinian's Digest, \nand that the Rhodian law is invoked as authority.\" Grant \nGilmore & Charles l. BlackJr., The Law ofAdmiralty  1-2, \nat 3~4 (2d ed. 1975). \nRHS. abbr. RURAL HOUSING SERVICE. \nribbon-matching rule. See MIRROR-IMAGE RULE. \nRichard Roe. A fictitious name for a male party to a legal \nproceeding, used because the party's true identity is \nunknown or because his real name is being withheld; \nesp., the second of two such parties. Cf. JOHN DOE. \n[Cases: Federal Civil Procedure 101; Parties \n67,73.] \nRICO (ree-koh). abbr. (1972) RACKETEER INFLUENCED \nAND CORRUPT ORGANIZATIONS ACT. \nRICO person. Under the Racketeer Influenced and \nCorrupt Organizations Act, any individual or entity \ncapable of holding a legal or beneficial interest in \nproperty and posing a continuous threat of engaging \nin the acts of racketeering. [Cases: Racketeer Influenced \nand Corrupt Organizations (;:=>64.J \nrider. An attachment to some document, such as a leg\nislative bill or an insurance policy, that amends or sup\nplements the document. A rider to a legislative bill \noften addresses subject matter unrelated to the main \npurpose ofthe bill. lCases: Insurance (;::;:;; 1845(1).] \nrien culp (ryan kalp). [Law French \"not guilty\"] Hist. A \nplea of not guilty. \nrien dit (ryan dee). [Law French \"says nothing\"] Hist. A \nplea of nihil dicit. See NIHIL DICIT. \nden luy doit (ryan lwee dwah). [Law French \"owes him \nnothing\"] Hist. A plea of nil debet. See NIL DEBET. \nriens en arriere (ryan aw-nah-ree-air). [Law French \n\"nothing in arrear\"] Hist. A plea in a debt action for \narrearages ofaccount. \nriens passa per Ie fait (ryan pah-sah pair 1;) fay). [Law \nFrench \"nothing passed by the deed \"] Hist. A plea by \nwhich a party seeks to avoid the operation ofa deed that \nhas been enrolled or acknowledged in court. \nriens per descent (ryan pair day-sawn). [Law French \n\"nothing by descent\"] Hist. The plea of an heir who is \nsued for the ancestor's debt and who received no land \nor assets from the ancestor. \nrier county. See RERE-COUNTY. \nRIF. abbr. Reduction in force. See LAYOFF. \nrif, vb. Slang. To layoff (a worker). The word derives \nfrom the acronym for reduction in force. \nrigging the market. The practice ofartificially inflating \nstock prices, by a series ofbids, so that the demand for \nthose stocks appears to be high and investors will there\nfore be enticed into buying the stocks. See MANIPULA\nTION. [Cases: Securities Regulation (;::;:;;60.25.] morality, or ethics <know right from wrong>. 2. Some\nthing that is due to a person by just claim, legal guar\nantee, or moral principle <the right ofliberty>. 3. A \npower, privilege, or immunity secured to a person by \nlaw <the right to dispose of one's estate>. 4. A legally \nenforceable claim that another will do or will not do a \ngiven act; a recognized and protected interest the viola\ntion ofwhich is a wrong <a breach ofduty that infringes \none's right>. 5. (often pl.) The interest, claim, or own\nership that one has in tangible or intangible property \n<a debtor's rights in collateral> <publishing rights>. \n6. The privilege of corporate shareholders to purchase \nnewly issued securities in amounts proportionate to \ntheir holdings. 7. The negotiable certificate granting \nsuch a privilege to a corporate shareholder. \n\"Right is a correlative to duty; where there is no duty there \ncan be no right. But the converse is not necessarily true. \nThere may be duties without rights. In order for a duty to \ncreate a right, it must be a duty to act or forbear. Thus, \n"}
{"text": "be duties without rights. In order for a duty to \ncreate a right, it must be a duty to act or forbear. Thus, \namong those duties which have rights corresponding to \nthem do not come the duties, if such there be, which call \nfor an inward state of mind, as distinguished from external \nacts or forbearances. It is only to acts and forbearances that \nothers have a right. It may be our duty to love our neighbor, \nbut he has no right to our love.\" John Chipman Gray, The \nNature and Sources of the Law 8~9 (2d ed. 1921). \n\"'[T]he word 'right' is one of the most deceptive of pitfalls; \nit is so easy to slip from a qualified meaning in the premise \nto an unqualified one in the conclusion. Most rights are \nqualified.\" American Bank & Trust Co. v. Federal Reserve \nBank ofAtlanta, 256 U.S. 350, 358, 41 S.Ct. 499, 500 (1921) \n(Holmes,J.). \n''[In Hohfeldian terminology.] A is said to have a r/ghtthat B \nshall do an act when, if B does not do the act, A can initiate \nlegal proceedings that will result in coercing B. In such a \nsituation B is said to have a duty to do the act. Right and \nduty are therefore correlatives, since in this sense there \ncan never be a duty without a right.\" E. Allen Farnsworth, \nContrClcts  3.4, at 114. n.3 (3d ed. 1999). \nabsolute right. 1. A right that belongs to every human \nbeing, such as the right ofpersonal liberty; a natural \nright. 2. An unqualified right; speci., a right that \ncannot be denied or curtailed except under specific \nconditions <freedom ofthought is an absolute right>. \n For example, a plaintiffhas an absolute right to vol\nuntarily nonsuit a case before it is finally submitted; \nafter final submission, the court has discretion to \ngrant or deny a voluntary nonsuit. Cf. relative right. \naccessory right. A supplementary right that has been \nadded to the main right that is vested in the same \nowner. For example, the right in a security is acces\nsory to the right that is secured; a servitude is acces\nsory to the ownership of the land for whose benefit \nthe servitude exists. Cf. principal right. \naccrued right. A matured right; a right that is ripe for \nenforcement (as through litigation). \nacquired right. A right that a person does not naturally \nenjoy, but that is instead procured, such as the right \nto own property. \ncivil right. See CIVIL RIGHT. \n\n1437 right \nconditional right. A right that depends on an uncer\ntain event; a right that mayor may not exist. For \nexample, parents have the conditional right to punish \ntheir child, the condition being that the punishment \nmust be reasonable. \nconjugal rights. See CONJUGAL RIGHTS. \nequitable right. A right cognizable within a court of \nequity.  Ifa legal right and an equitable right conflict, \nthe legal right ordinarily prevails over and destroys \nthe equitable right even if the legal right arose after \nthe equitable right. Breaches of equitable rights are \nremedied by means other than monetary damages, \nsuch as an injunction or specific performance. With \nthe merger oflaw and equity in federal and most state \ncourts, the procedural differences between legal and \nequitable rights have been largely abolished. Cf.legal \nright (1), (2). [Cases: Equity C:::::>3.] \nexpectant right. A right that is contingent on the occur\nrence of some future event; a contingent right. \nfundamental right. See FUNDAMENTAL RIGHT. \nimperfect right. A right that is recognized by the law \nbut is not enforceable . Examples include time\nbarred claims and claims exceeding the local limits \nof a court's jurisdiction. \n\"[Tlhere are certain rights, sometimes called imperfect \nrights, which the law recognizes but will not enforce \ndirectly. Thus a statute barred debt cannot be recovered in \na court of law, but for certain purposes the existence of the \ndebt has legal significance. If the debtor pays the money, \nhe cannot later sue to recover it as money paid without \nconsideration; and the imperfect right has the faculty of \nbecoming perfect if the debtor makes an acknowledgment \nof the debt from which there can be inferred a promise to \npay.\" George Whitecross Paton, A Textbook ofJurisprudence \n286 (G.W. Paton & David P. Derham eds., 4th ed. 1972). \nimprescriptible right. A right that cannot be lost to \nprescription. \ninalienable right. A right that cannot be transferred or \nsurrendered; esp., a natural right such as the right to \nown property. -Also termed inherent right. \nincorporeal right. A right to intangible, rather than \ntangible, property . A right to a legal action (a chose \nin action) is an incorporeal right. See chose in action \nunder CHOSE. \ninherent right. See inalienable right. \nlegal right. 1. A right created or recognized by law. \n The breach of a legal right is usu. remediable by \nmonetary damages. 2. A right historically recog\nnized by common-law courts. Cf. equitable right. 3. \nThe capacity of asserting a legally recognized claim \nagainst one with a correlative duty to act. \nnatural right. A right that is conceived as part of \nnatural law and that is therefore thought to exist \nindependently of rights created by government or \nsociety, such as the right to life, liberty, and property. \nSee NATURAL LAW. \nnegative right. A right entitling a person to have \nanother refrain from doing an act that might harm \nthe person entitled. Cf. positive right. patent right. A right secured by a patent. [Cases: \nPatents C:::::> l.} \nperfect right. A right that is recognized by the law and \nis fully enforceable. \nperipheral right. A right that surrounds or springs \nfrom another right. \npersonal right. 1. A right that forms part of a person's \nlegal status or personal condition, as opposed to the \nperson's estate. 2. See right in personam. \npolitical right. 1he right to participate in the establish\nment or administration of government, such as the \nright to vote or the right to hold public office. -Also \ntermed political liberty. [Cases: Constitutional Law \n1460-1482; Elections 1; Officers and Public \nEmployees C=.) 18.] \npositive right. A right entitling a person to have another \ndo some act for the benefit ofthe person entitled. Cf. \nnegative right. \nprecarious right. A right enjoyed at the pleasure of \nanother; a right that can be revoked at any time. \nprimary right. A right prescribed by the substantive \nlaw, such as a right not to be defamed or assaulted . \nIhe enforcement of a primary right is termed specific \nenforcement. \nprincipal right. A right to which has been added a \nsupplementary right in the same owner. Cf. acces\nsory right. \nprivate right. A personal right, as opposed to a right of \nthe public or the state. Cf. public right. \nprocedural right. (1911) A right that derives from legal \nor administrative procedure; a right that helps in the \nprotection or enforcement of a substantive right. Cf. \nsubstantive right. \nproperty right. (1853) A right to specific property, \nwhether tangible or intangible. [Cases: Constitutional \nLaw C:::::>3874.] \nproprietary right. A right that is part of a person's \nestate, assets, or property, as opposed to a right arising \nfrom the person's legal status. \npublic right. A right belonging to all citizens and usu. \nvested in and exercised by a public office or political \nentity. Cf. private right. \nreal right. 1. Civil law. A right that is connected with \na thing rather than a person . Real rights include \nownership, use, habitation, usufruct, predial servi\ntude, pledge, and real mortgage. \n''The term 'real rights' Uura in re) is an abstraction unknown \nto claSSical Roman law. The classical jurists were preoc \ncupied with the availability of remedies rather than the \nexistence of substantive rights, and did not have a generic \nterm to include all 'rights' which ciVilian scholars of follow \ning generations classified as 'real.' The expression ('real \nrights') was first coined by medieval writers elaborating on \nthe Digest in an effort to explain ancient procedural forms \nof action in terms of substantive rights.\" A.N. Yiannopo \nulos, Real Rights in Louisiana and Comparative Law, 23 La. \nL. Rev. 161, 163 (1963). \n2. JUS IN RE. 3. See right in rem. \n\n1438 right against self-incrimination \nrelative right. A right that arises from and depends \non someone else's right, as distinguished from an \nabsolute right. Cf. absolute right. \nremedial right. The secondary right to have a remedy \nthat arises when a primary right is broken. See sec\nondary right. \nrestitutory right. A right to restitution. \nright in personam (in p:Jr-soh-n:Jm). An interest \nprotected solely against specific individuals. \nAlso termed personal right; jus in personam. See IN \nPERSONAM. \nright in rem (in rem). A right, often negative, exercis\nable against the world at large. -Also termed real \nright; jus in rem. See IN REM. \n\"A right in rem need not relate to a tangible res. Thus a \nright that one's reputation should not be unjustifiably \nattacked is today described as a right in rem, since it is a \nright that avails against persons generally. This shows how \nfar the conception has developed from the Roman notion \nof actio in rem, for one who sues to protect his reputation \nis not asking for judgment for a specific res. It should \nalso be noticed that on breach of a right in rem, a right in \npersonam arises against the aggressor.\" George Whitecross \nPaton, A Textbook ofJurisprudence 300 (G.w. Paton & David \nP. Derham eds., 4th ed. 1972). \nsecondary right. A right prescribed by procedural \nlaw to enforce a substantive right, such as the right \nto damages for a breach ofcontract. -The enforce\nment ofa secondary right is variously termed second\nary enforcement, remedial enforcement, or sanctional \nenforcement. Also termed remedial right; sanction\ning right. \nsubstantial right. (18c) An essential right that poten\ntially affects the outcome of a lawsuit and is capable \noflegal enforcement and protection, as distinguished \nfrom a mere technical or procedural right. \nsubstantive right (s:lb-st:Jn-tiv). (I8c) A right that can \nbe protected or enforced by law; a right of substance \nrather than form. Cf. procedural right. \nvested right. A right that so completely and definitely \nbelongs to a person that it cannot be impaired or \ntaken away without the person's consent. [Cases: \nConstitutional Law (::::::>2630-2655.] \nright against self-incrimination. (1911) A criminal \ndefendant's or a witness's constitutional right under \nthe Fifth Amendment, but waivable under certain con\nditions -guaranteeing that a person cannot be com\npelled by the government to testify if the testimony \nmight result in the person's being criminally pros\necuted. _ Although this right is most often asserted \nduring a criminal prosecution, a person can also \n\"plead the Fifth\" in a civil, legislative, administrative, \nor grand-jury proceeding. -Also termed privilege \nagainst self-incrimination; right to remain silent. See \nSELF-INCRIMINATION. [Cases: Criminal Law (::::::>393; \nWitnesses (::::::>297.1 \n\"The right against selfincrimination, protected by the \nFifth Amendment, is central to the accusatorial system of \ncriminal justice: together with the presumption of inno \ncence, the right against self incrimination ensures that the state must bear the burden of prosecution .... The right \nagainst self-incrimination is personal. It may be claimed \nonly by the person who himself might be at risk for testify \ning. It may not be claimed on behalf of another ....\" Jethro \nK. Lieberman, The Evolving Constitution 481-82 (1992). \nright-and-wrong test. See MCNAGHTEN RULES. \nrightful, adj. 1. (Ofan action) equitable; fair <a rightful \ndispossession>. 2. (Of a person) legitimately entitled to \na position <a rightful heir>. 3. (Of an office or piece of \nproperty) that one is entitled to <her rightful inheri\ntance>. \nright heir. See HEIR. \nright in personam. See RIGHT. \nright in re aliena. See JUS IN RE ALIENA. \nright in rem. See RIGHT. \nright in re propria. See JUS IN RE PROPRIA. \nright not to be qnestioned. See privilege against self\nincrimination under PRIVILEGE (3). \nright of action. 1. The right to bring a specific case to \ncourt. [Cases: Action C::' 1, 2.] 2. A right that can be \nenforced by legal action; a chose in action. Cf. CAUSE OF \nACTION. [Cases; Action (::::::> 1,2; Property ('~5.5.] \nright ofangary. See ANGARY. \nright of approach. Int'llaw. The right of a warship on \nthe high seas to draw near another vessel to determine \nits nationality. [Cases: War and National Emergency \n(::::::>20.] \nright of assembly. The constitutional right guaran\nteed by the First Amendment ofthe people to gather \npeacefully for public expression ofreligion, politics, or \ngrievances. -Also termed freedom ofassembly; right \nto assemble. Cf. FREEDOM OF ASSOCIATION; unlawful \nassembly under ASSEMBLY. [Cases: Constitutional Law \n(;::>1430,1431.] \nright of audience. A right to appear and be heard in a \ngiven court. _ The term is chiefly used in England to \ndenote the right of a certain type oflawyer to appear \nin a certain type of court. \nright ofcommon. See PROFIT APRENDRE. \nright-of-conscience law. A statute allowing healthcare \nprofession"}
{"text": "ofcommon. See PROFIT APRENDRE. \nright-of-conscience law. A statute allowing healthcare \nprofessionals to refuse to provide services that they find \nmorally objectionable. \nright ofcontribution. See CONTRIBUTION (1). \nright of discussion. Scots law. See BENEFIT OF DISCUS\nSION. \nright ofdissent and appraisal. See APPRAISAL REMEDY. \nright ofdivision. Scots law. See BENEFIT OF DIVISION. \nright of election. Wills & estates. A surviving spouse's \nstatutory right to choose either the gifts given by the \ndeceased spouse in the will or a forced share or a share \nof the estate as defined in the probate statute. Also \ntermed widow's election. See ELECTION (2); augmented \nestate under ESTATE (3). [Cases: Descent and Distribu\ntion Wills (::::::>778-818.] \n\n1439 \nright ofentry. 1. The right of taking or resuming pos\nsession of land or other real property in a peaceable \nmanner. 2. POWER OF TERMINATION. 3. The right to \ngo into another's real property for a special purpose \nwithout committing trespass. -An example is a land\nlord's right to enter a tenant's property to make repairs. \n[Cases: Trespass ~~24.J 4. The right of an alien to go \ninto a jurisdiction for a special purpose. -An example \nis an exchange student's right to enter another country \nto attend college. [Cases: Aliens, Immigration, and Cit\nizenship C='162, 163.J \nright of entry for breach ofcondition. See POWER OF \nTERMINATION. \nright ofentry for condition broken. See POWER OF TER\nMINATION. \nright ofexoneration. See EQUITY OF EXONERATION. \nright of family integrity. A fundamental and substan\ntive due-process right for a family unit to be free of \nunjustified state interference. -While not specifically \nmentioned in the u.s. Constitution, this right is said to i \nemanate from it. The contours ofthe right are nebulous \nand incompletely defined, but it at least includes the \nright to bear children, to rear them, and to guide them \naccording to the parents' beliefs, as well as the right of \nchildren to be raised by their parents free of unwar- i \nranted interference by state officials. The right restricts i \nstate action under the Fourteenth Amendment. Inter\nference is not permitted in the absence ofa compelling \nstate interest and is reviewed under a strict-scrutiny \nstandard. Most courts require a state to establish by \nclear and convincing evidence that interference in a \nfamilial relationship is justified. -Also termed right to ! \nfamily integrity. See PARENTAL-AUTONOMY DOCTRINE; \nPARENTAL-PRIVILEGE DOCTRINE. Cf. freedom of \nintimate association under FREEDOM OF ASSOCIATION. \n[Cases: Constitutional Law (:=)4382.] \nright of first publication. See common-law copyright \nunder COPYRIGHT. \nright of first refusal. 1. A potential buyer's contractual \nright to meet the terms ofa third party's higher offer. \n-For example, if Beth has a right offirst refusal on the \npurchase ofSam'~ house, and ifTerry offers to buy the \nhouse for $300,000, then Beth can match this offer and \nprevent Terry from buying it. Cf. RIGHT OF PREEMP\nTION. [Cases: Contracts (:=> 16.5, 172; Sales 64; \nVendor and Purchaser <8=> 18(.5), 57.] 2. Family law. \nThe right of a parent to be offered the opportunity to \nhave custody ofa child other than during a usual visi\ntation period before the other parent turns to a third\nparty caregiver. -The right may be exercised by either \nparent, and may exist in circumstances that are fore\nseeable (e.g., a business trip) or unforeseeable (e.g., an \nillness). [Cases: Child Custody <8=> 149.J \nright offishery. See FISHERY (1). \nright ofinnocent passage. See I;'oI;'oIOCENT PASSAGE. \nright ofoccupancy. See INDIAN TITLE. \nright ofpetition. See RIGHT TO PETITION. right of search \nright of possession. The right to hold, use, occupy, or \notherwise enjoy a given property; esp., the right to enter \nreal property and eject or evict a wrongful possessor. \n[Cases: Forcible Entry and Detainer <8=>9(2).J \nright of preemption. A potential buyer's contractual \nright to have the first opportunity to buy, at a speCified \nprice, ifthe seller chooses to sell within the contracted \nperiod. -For example, if Beth has a right of preemp\ntion on Sam's house for five years at $100,000, Sam can \neither keep the house for five years (in which case Beth's \nright expires) or, ifhe wishes to sell during those five \nyears, offer the house to Beth, who can either buy it for \n$100,000 or refuse to buy. IfBeth refuses, Sam can sell \nto someone else. -Also termedfirst option to buy. Cf. \nRIGHT OF FIRST REFUSAL. [Cases: Contracts <8=> 16.5; \nSales Vendor and Purchaser C-~18(.5).] \nright ofprivacy. 1. The right to personal autonomy. _ The \nu.s. Constitution does not explicitly provide for a right \nof privacy or for a general right ofpersonal autonomy, \nbut the Supreme Court has repeatedly ruled that a \nright of personal autonomy is implied in the \"zones \nof privacy\" created by specific constitutional guaran\ntees. [Cases: Constitutional Law <>.:>121O-1275.J 2. The \nright of a person and the person's property to be free \nfrom unwarranted public scrutiny or exposure. -Also \ntermed right to privacy. See INVASION OF PRIVACY. \nright of publicity. The right to control the use of one's \nown name, picture, or likeness and to prevent another \nfrom using it for commercial benefit without one's \nconsent. [Cases: Torts <8=>384.] \n'The right of publicity IS a state-law created intellectual \nproperty right whose infringement is a commerCial tort of \nunfair competition. It is a distinct legal category, not just \na 'kind of' trademark, copyright, false advertising or right \nof privacy.\" 1 j. Thomas McCarthy. The Rights of Publicity \nand Privacy  1 :3, at 1-2 (2d ed. 2000). \nright ofredemption. 1. See EQUITY OF REDEMPTION. 2. \nSee STATUTORY RIGHT OF REDEMPTION. \nright of reentry. See POWER OF TERMIN ATION. \nright ofrelief. Scots law. See EQUITY OF SUBROGATION. \nright ofreproduction. See REPRODUCTION RIGHT. \nright of rescission. See RIGHT TO RESCIND. \nright ofretainer. A trustee's power to withhold trust \nfunds or property from distribution, exercisable when \nthe beneficiary owes money to the trust. [Cases: Trusts \n(>=>282.] \nright ofretention. See RETENTION. \nright ofrevolution.lhe inherent right ofa people to cast \nout its rulers, change its polity, or effect radical reforms \nin its system of government or institutions, by force \nor general uprising, when the legal and constitutional \nmethods of making such changes have proved inad\nequate or are so obstructed as to be unavailable. \nright of search. Int'llaw. The right to stop, visit, and \nexamine vessels on the high seas to discover whether \nthey or the goods they carry are liable to capture; esp., \na belligerent state's right to stop any merchant vessel \nof a neutral state on the high seas and to search as \n\n1440 right of subrogation \nreasonably necessary to determine whether the ship \nhas become liable to capture under the international \nlaw of naval warfare. -This right carries with it no \nright to destroy without full examination, unless those \non a given vessel actively resist. -Also termed right of \nvisit; right ojvisit and search; right ojvisitation; right of \nvisitation and search. See VISIT. \nright ofsubrogation. 1. See SUBROGATION. 2. See EQUITY \nOF SUBROGATION. \nright of suit. A person's right to seek redress in a court. \n[Cases: Action C::::>l.J \nright ofsupport. Property. 1. A landowner's right to have \nthe land supported by adjacent land and by the underly\ning earth. [Cases: Adjoining Landowners C::::>2.J 2. A \nservitude giving the owner of a house the right to rest \ntimber on the walls ofa neighboring house. \nright of survivorship. A joint tenant's right to succeed \nto the whole estate upon the death of the other joint \ntenant. -Also termed jus accrescendi. See SURVI\nvoRsHIp; joint tenancy under TENANCY. [Cases: Joint \nTenancy C::::>6.J \nright oftermination. A remedy involving the ending of \ncontractual relations, accorded to a party to a contract \nwhen the other party breaches a duty that arises under \nthe contract. -The right of termination is contrasted \nwith a right to rescind, which arises when the other \nparty breaches a duty that arises independently of the \ncontract. Also termed right to terminate. [Cases: \nContracts ~~217; Sales C::::>84.] \nright of transit passage. See TRANSIT PASSAGE. \nright ofvisit. See RIGHT OF SEARCH. \nright ofvisit and search. See RIGHT OF SEARCH. \nright of visitation. 1. VISITATION RIGHT. 2. RIGHT OF \nSEARCH. \nright ofvisitation and search. See RIGHT OF SEARCH. \nright-of-way. 1. The right to pass through property \nowned by another. - A right-of-way may be estab\nlished by contract, by longstanding usage, or by public \nauthority (as with a highway). Cf. EASEMENT. [Cases: \nEasements C::::> 1.] 2. The right to build and operate a \nrailway line or a highway on land belonging to another, \nor the land so used. [Cases: Railroads C::::>69.] 3. The \nto take precedence in traffic. [Cases: Automobiles \n171(4); Highways <'::='99;]3. The strip ofland \nsubject to a nonowner's right to pass through. -Also \nwritten right ojway. PI. rights-of-way. \nprivate right-oj-way. See EASEMENT. \npublic right-ai-way. The right of passage held by the \npublic in general to travel on roads, freeways, and \nother thoroughfares. \nright ofwharfing out. A right to the exclusive use of \nsubmerged lands, as by establishing a permanent struc\nture or wharf on the land to dock oceangoing vessels. \n[Cases: Navigable Waters (:::::;43(2).J \nrights arbitration. Seegrievance arbitration under ARBI\nTRATION. rights-consciousness. See CLAIMS-CONSCIOUSNESS. \nrights-management information. Intellectual property. \nInformation about an intellectual-property right, \naffixed to the subject matter when it is communicated \nto the public, esp. in electronic form, and identifying \nthe right's owner, terms of use, indexing numbers or \ncodes, or other identifying information. -The infor\nmation facilitates contracting with the owner of the \nrights. In digital technology, laws may ban the removal \nor alteration of rights-management information as a \nform ofintellectual-property protection. \nrights ofattribution. See ATTRIBUTION RIGHTS. \nrights off. See EX RIGHTS. \nrights offering. See OFFERING. \nrights on. See CUM RIGHTS. \nright to assemble. See RIGHT OF ASSEMBLY. \nright to assistance of counsel. See RIGHT TO COUNSEL. \nright to bear arms. The constitutional right of persons \nto own firearms. U.S. Const. amend II. See SECOND \nAMENDMENT. [Cases: Weapons \nright to choose. See FREEDOM OF CHOICE. \nright-to-convey covenant. See covenant ofseisin under \nCOVENANT (4). \nright to counsel. 1. Criminal law. A criminal defen\ndant's constitutional right, guaranteed by the Sixth \nAmendment, to representation by a court-appointed \nlawyer ifthe defendant cannot afford to hire one. -The \nSupreme Court has recognized a juvenile delinquent \ndefendant's right to counsel. In re Gault, 387 U.S. 1, \n87 S.Ct. 1428 (1967). Also termed benefit ojcounsel; \nright to assistance ofcounsel. [Cases: Criminal Law <.::=' \n1766.) 2. Family law. The right ofa defendant in a suit \nfor termination of parental rights to representation by \na court-apPOinted lawyer if the defendant cannot afford \nto hire one. _ Although some states appoint counsel for \nindigent defendants in a suit for termination ofparental \nrights, the Supreme Court has held that the Consti\ntution does not require that counsel be appointed for \nindigent defendants in all termination suits, but if a \ncriminal charge may be made, the right to counsel may \nattach. Lassiter v. Department ofSoc. Servs., 452 U.S. 18, \n101 S.Ct. 2153 (1981). -Also termed {in both senses} \naccess to counsel. [Cases: Infants C::::>205.] See ASSIS\nTANCE OF COUNSEL. \nright to die. The right ofa terminally ill person to refuse \nlife-sustaining treatment. Also termed right to reJuse \ntreatment. See ADVANCE DIRECTIVE. [Cases: Health C::::> \n914.) \nright to exclude. Patents. A patentee's right to prevent \nothers from making, using, selling, or offering for sale \nthe patentee's invention. [Cases: Patents C=:'191.] \nright to family integrity. See RIGHT OF FAMILY INTEG\nRITY. \nright-to-know act. A federal or state statute requir\ning businesses (such as chemical manufacturers) that \nproduce hazardous substances to disclose information \n\n1441 \nabout the substances both"}
{"text": "urers) that \nproduce hazardous substances to disclose information \n\n1441 \nabout the substances both to the community where they \nare produced or stored and to employees who handle \nthem. -Also termed right-to-know statute. [Cases: \nEnvironmental Law (:::::>415.] \nright to petition. (17c) The constitutional right -guar\nanteed by the First Amendment -ofthe people to make \nformal requests to the government, as by lobbying or \nwriting letters to public officials. Also termed right \nofpetition;freedom ofpetition. [Cases: Constitutional \nLaw (::::-J 1435-1438.] \nright to privacy. See RIGHT OF PRIVACY. \nright to pursue happiness. See HAPPINESS, RIGHT TO \nPURSUE. \nright to refuse treatment. See RIGHT TO DIE. \nright to remain silent. See RIGHT AGAINST SELF-INCRIM\nINATION. \nright to rescind. The remedy accorded to a party to a \ncontract when the other party breaches a duty that \narises independently of the contract . The right to \nrescind is contrasted with a right oftermination, which \narises when the other party breaches a duty that arises \nunder the contract. -Also termed right ofrescission. \n[Cases: Contracts (:::::>258.] \nright to terminate. See RIGHT OF TERMINATION. \nright to travel. (1838) A person's constitutional right \nguaranteed by the Privileges and Immunities Clause \nto travel freely between states. \nright to vote. See SUFFRAGE (1). \nright-to-work law. (1958) A state law that prevents labor\nmanagement agreements requiring a person to join a \nunion as a condition of employment. See open shop \nunder SHOP. [Cases: Labor and Employment (::~~964, \n1264.] \nright-wrong test. See MCNAGHTEN RULES. \nrigid constitution. See CONSTITUTION. \nrigor juris (rig-;:lr joor-is). [Latin] Strictness of law. Cf. \nGRATIA CURIAE. \nrigor mortis (rig-;:lr mor-tis). The temporary stiffening of \na body's joints and muscles after death . The onset of \nrigor mortis can vary from 15 minutes to several hours \nafter death, depending on the body's condition and on \natmospheric factors. \nringing out. See RINGING UP. \nringing the cbanges. Fraud conSisting in the offender's \nusing a large bill to pay for a small purchase, waiting \nfor the shopkeeper to put change on the counter, and \nthen, by a series of maneuvers involving changes of \nmind -such as asking for some other article oflittle \nvalue or for smaller change for some of the money on \nthe counter creating a confused situation in which \nthe offender picks up more the money than due. [Cases: \nLarceny (:::::> 14(1).] \nringing up. A method by which commodities dealers \ncooperate to discharge contracts for future delivery \nin advance by using offsets, cancellations, and price riparian proprietor \nadjustments, thus saving the cost ofactual delivery and \nchange ofpossession. Also termed ringing out. \nriot, n. (14c) 1. An assemblage ofthree or more persons \nin a public place taking concerted action in a turbulent \nand disorderly manner for a common purpose (regard\nless of the lawfulness of that purpose). 2. An unlawful \ndisturbance of the peace by an assemblage ofusu. three \nor more persons acting with a common purpose in a \nviolent or tumultuous manner that threatens or terror\nizes the public or an institution. Cf. unlawful assembly \nunder ASSEMBLY; CIVIL COMMOTION; ROUT; AFFRAY. \n[Cases: Riot (;=:> 1.J riotous, adj. riot, vb. \n\"A riot is defined as an unlawful assembly (i.e. an assembly \ncome together in pursuance of an unlawful purpose), con\nsisting of at least three persons, which has begun to create \na breach of the peace. At Common Law it is an indictable \nmisdemeanour, punishable by a fine and imprisonment. \nBut the statutory form of it, introduced by the Riot Act of \n1714, is better known. By that statute, passed to deal with \nJacobite disturbances, it was provided that the members of \na riotous assembly of twelve or more persons which does \nnot disperse within an hour after the reading by a magis\ntrate of the proclamation contained in the Act, become \nguilty of felony, which, at the time of the passing of the Act, \nwas a capital offence, and is, even now, punishable with \nimprisonment for life.\" Edward Jenks, The Book of English \nLaw 136 (P. B. Fairest ed., 6th ed. 1967). \n\"A riot is a tumultuous disturbance of the peace by three \nor more persons acting together (a) in the commission \nof a crime by open force, or (b) in the execution of some \nenterprise, lawful or unlawful, in such aviolent, turbulent \nand unauthorized manner as to create likelihood of public \nterror and alarm .... When they come together for this \npurpose they are gUilty of unlawful assembly. When they \nstart on their way to carry out their common design they \nare guilty of rout. In the actual execution of their design \nthey are gUilty of riot.\" Rollin M. Perkins &Ronald N. Boyce, \nCriminal Law483 (3d ed. 1982). \nRiot Act. A 1714 English statute that made it a capital \noffense for ] 2 or more rioters to remain together for an \nhour after a magistrate has officially proclaimed that \nrioters must disperse . This statute was not generally \naccepted in the United States and did not become a part \nof American common law. It did, however, become a \npermanent part ofthe English language in the slang \nphrase reading the riot act (meaning \"to reprimand \nvigorously\"), which originally referred to the official \ncommand for rioters to disperse. \nriotous assembly. See ASSEMBLY. \nripae muniendae causa (rl-pee myoo-nee-en-dee \nkaw-z<l). [Latin] Hist. For the purpose of strengthen\ning a riverbank. \nriparian (ri-pair-ee-;:ln or fI-), adj. (1841) Of, relating to, \nor located on the bank ofa river or stream (or occasion\nally another body of water, such as a lake) <riparian \nland> <a riparian owner>. Cf. LITTORAL. [Cases: Navi\ngable Waters (;=:>39-46; Waters and Water Courses \n34-49,109.] \nriparian land. See LAND. \nriparian proprietor. (1808) A person who is in posses\nsion ofriparian land or who owns an estate in it; a land\nowner whose property borders on a stream or river. See \n\n1442 riparian right \nriparian land under LAND. [Cases: Navigable Waters \n(;:::;39(1); Waters and Water Courses (;:::;39.] \nriparian right. (often pl.) (1860) The right ofa landowner \nwhose property borders on a body of water or water\ncourse. Such a landowner traditionally has the right \nto make reasonable use of the water. Also termed \nwater right. [Cases: Navigable Waters C::;)39-46; Waters \nand Water Courses (;:::;34-47.] \nriparian-rights doctrine. (1921) The rule that owners \nof land bordering on a waterway have equal rights to \nuse the water passing through or by their property. Cf. \nPRIOR-APPROPRIATION DOCTRINE. [Cases: Navigable \nWaters Waters and Water Courses (;:::>40.] \nripeness, n. 1. The state ofa dispute that has reached, but \nhas not passed. the point when the facts have developed \nsufficiently to permit an intelligent and useful decision \nto be made. 2. The requirement that this state must exist \nbefore a court will decide a controversy. See JUSTICIA\nBILITY. Cf. MOOTNESS DOCTRINE; PREMATURITY (1). \n[Cases: Action Federal Courts -ripe, \nadj. ripen, vb. \nripper act. Slang. A statute that gives a government's \nchief executive broad powers to appoint and remove \ndepartment heads or other subordinate officials. \nrise, vb. 1. (Of a court) to adjourn finally at the end of \na term. 2. (Of spectators and participants in a court\nroom) to stand when the judge enters or exits. 3. (Ofa \ncourt) to take a recess or temporary break, as at the end \nofa day. 4. Parliamentary law. (Of a special committee \nthat has exhausted its business) to dissolve and send a \nreport to the referring body. A committee's rising is \nequivalent to a deliberative assembly's adjourning sine \ndie. -Also termed rise and report. Cf. adjourn sine die \nunder ADJOURN (2). \nrising vote. See VOTE (4). \nrising vote ofthanks. See rising vote under VOTE (4). \nrisk, n. (17c) 1. The uncertainty ofa result, happening, or \nloss; the chance ofinjury, damage, or loss; esp., the exis\ntence and extent ofthe possibility of harm <many feel \nthat skydiving is not worth the risk>. See ASSUMPTION \nOF THE RISK. 2. Liability for injury, damage, or loss \nif it occurs <the consumer-protection statute placed \nthe risk on the manufacturer instead of the buyer>. 3. \nInsurance. The chance or degree ofprobability ofloss to \nthe subject matter of an insurance policy <the insurer \nundertook the risk in exchange for a premium>. Cf. \nPERIL [Cases: Insurance (;:::; 1542.] 4 . .Insurance. \nThe amount that an insurer stands to lose <the under\nwriter took steps to reduce its total risk>. 5 . .Insurance. \nA person or thing that an insurer considers a hazard; \nsomeone or something that might be covered by an \ninsurance policy <she's a poor risk for health insur\nance>. [Cases: Insurance (>~ 1542(3).] 6. Insurance. \nThe type of loss covered by a policy; a hazard from a \nspecified source <this homeowner's policy covers fire \nrisks and flood risks>. [Cases: Insurance (;:::;2097.] \nrisk, vb. absorbable risk. A potential loss that a corporation \nbelieves that it can cover either with available capital \nor with self-insurance. \nassigned risk. One who is a poor risk for insurance \nbut whom an insurance company is forced to insure \nbecause ofstate law . For example, an accident-prone \ndriver is an aSSigned risk in a state with a compulsory \nmotor-vehicle-insurance statute. [Cases: Insurance \n(;:::; 1528.] \nclassified risk. In life-and health-insurance policies, \nthe risk created by a policyholder's substandard health \nor other periL \nnoninsurable risk. A risk for which insurance will not \nbe written because the risk is too uncertain to be the \nsubject ofactuarial analysis. \npure risk. A risk that can only result in a loss . Insur\nance protects only against pure risks. Cf. speculative \nrisk. \nshifting risk. The changing risk covered under an \ninsurance policy insuring a stock ofgoods or similar \nproperty that varies in amount and composition in \nthe course oftrade. [Cases: Insurance (;:::;2138(1).] \nspeculative risk. A risk that can result in either a loss \nor a gain. Cf. pure risk. \nrisk arbitrage. See ARBITRAGE. \nrisk assessment. Family law. A process for ascertaining \nthe likelihood that a person, usu. a parent, will harm \na child . Before a child can be removed from his or \nher family by agovernmental entity, a risk assessment \nshould be performed to determine the likelihood of \nthe child's being harmed in the future. [Cases: Infants \nrisk-averse, adj. (Of a person) uncomfortable with vol\natility or uncertainty; not willing to take risks; very \ncautious <a risk-averse investor>. \nrisk-benefit test. See RISK-UTILITY TEST. \nrisk capital. See CAPITAL. \nrisk-capital test. Securities. A test of whether a trans\naction constitutes the sale of a security (and is thus \nsubject to securities laws) based on whether the seller is \nsoliciting risk capital with which to develop a business \nventure. Cf. CAPITAL-RISK TEST. [Cases: Securities Reg\nulation 248, 249.] \nrisk distribution. The method by which a legal system \nallocates the risk of harm between the person who \nsuffers it and the loss. \nrisk factor. Insurance. In life-insurance ratemaking, \nthe estimated cost of present and future claims, based \non a mortality table. The risk factor is one element \nthat a life insurer uses to calculate premium rates. See \nPREMIUM RATE. Cf. INTEREST FACTOR; MORTALITY \nFACTOR. [Cases: Insurance \nrisk management. The procedures or systems used to \nminimize accidental losses, esp. to a business. \nRisk Management Agency. An agency in the U.S. Depart\nment ofAgriculture responsible for administering the \n\n1443 Rochin rule \nprograms of the Federal Crop Insurance Corpora\ntion and for overseeing other programs relating to the \nrisk management ofcrops and commodities. Abbr. \nRMA. \nrisk ofjurydoubt. See BURDEN OF PERSVASION. \nriskofloss. (i8c) I. The danger or possibility ofdamage \nto, destruction of, or misplacement of goods or other \nproperty <commercial transportation always carries \nsome risk of loss>. 2. Responsibility for bearing the \ncosts and expenses of such damage, destruction, or \nmisplacement <the contract specifies who assumes \nthe risk ofloss>. \nrisk ofnonpersuasion. See BURDEN OF PERSUASION. \nrisk-stops-here rule. See DOCTRINE OF SUPERIOR \nEQUITIES. \nrisk-utility test. (1982) A method ofimposing product \nliability on a manufacturer ifthe evidence shows that a \nreasonable person would conclude that the benefits ofa \nproduct"}
{"text": "posing product \nliability on a manufacturer ifthe evidence shows that a \nreasonable person would conclude that the benefits ofa \nproduct's particular design versus the feasibility of an \nalternative safer design did not outweigh the dangers \ninherent in the original design. Also termed danger\nutility test; risk-benefit test. Cf. CONSUMER-CONTEM\nPLATION TEST. [Cases: Products Liability (;.::::> 129.] \nRIT. abbr. Rochester Institute of Technology. See \nNATIONAL TECHNICAL INSTITUTE FOR THE DEAF. \nriver. A natural, flowing body ofwater that empties into \nanother bodv ofwater, such as a lake, sea, or channel. \n[Cases: Xav'igable Waters 1; Waters and Water \nCourses (;.::::>38.] \ninternational river. A river that flows through or \nbetween two or more countries. \nnational river. A river wholly contained within a Single \ncountry. That country has exclusive territorial rights \nover the river. [Cases: Navigable Waters (;.::::>2.] \nprivate river. A river to which a riparian owner may \nclaim ownership ofthe riverbed because the river is \nunnavigable or navigable only by vessels with shallow \ndrafts. A navigable private river is not wholly owned \nby a private person and cannot be closed to public \nuse; people may still make ordinary use ofthe river \nfor transportation and navigation. [Cases: Navigable \nWaters (;.::::>4.] \nRL/e. See revolving letter ofcredit under LETTER OF \nCREDIT. \nRMA. abbr. RISK MANAGEMENT AGENCY. \nRMS. abbr. REPRESSED-MEMORY SYNDROME. \nroadstead. Maritime law. A convenient or safe place \nwhere vessels usu. anchor. [Cases: Collision (;.::::>69.] \nrobbery, n. (12c) The illegal taking of property from \nthe person ofanother, or in the person's presence, by \nviolence or intimidation; aggravated larceny . Robbery \nis usu. a felony, but some jurisdictions classify some \nrobberies as high misdemeanors. Also termed \n(in Latin) crimen roberiae. See LARCENY; THEFT. Cf. \nBURGLARY. [Cases: Robbery(;'::::> 1.] -rob, vb. \"Robbery is larceny from the person by violence or intimida\ntion. It is a felony both at common law and under modern \nstatutes. Under some of the new penal codes robbery \ndoes not require an actual taking of property. If force or \nintimidation is used in the attempt to commit theft this is \nsufficient.\" Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw 343 (3d ed. 1982), \naggravated robbery. (1878) Robbery committed by \na person who either carries a dangerous weapon \noften called armed robbery or inflicts bodily harm \non someone during the robbery. Some statutes also \nspecify that a robbery is aggravated when the victim \nis a member ofa protected class, such as children or \nthe elderly. [Cases: Robbery 11.] \narmed robbery. (1926) Robbery committed by a person \ncarrying a dangerous weapon, regardless ofwhether \nthe weapon is revealed or used. Most states punish \narmed robbery as an aggravated form of robbery \nrather than as a separate crime. [Cases: Robbery (;.::::> \n11.] \nconjoint robbery (k~n-;oynt). A robbery committed by \ntwo or more persons. [Cases: Robbery (;.::::> 15.1 \nhighway robbery. 1. Robbery committed against a \ntraveler on ornear a public highway. [Cases: Robbery \n(;.::::> 1.] 2. Figuratively, a price or fee that is unreason\nably high; excessive profit or advantage. \nsimple robbery. (18c) Robbery that does not involve an \naggravating factor or circumstance. [Cases: Robbery \n(;.::::> 1.] \nrobe. (I8c) 1. The gown worn by a judge while presiding \nover court. In the U.S., judges generally wear plain \nblack gowns. In the u.K., judicial robes vary in color \nand adornment, depending on the judge's rank, the \nseason, and the court, and are traditionally worn with \nwhite horsehair wigs. Also termed judicial robe. 2. \n(often cap.) The legal or judicial profession <eminent \nmembers ofthe robe>. \nRobert's Rules. 1. A parliamentary manual titled Robert's \nRules ofOrder, originally written in 1875-76 by Henry \nM. Robert (1837-1923) . The manual went through \nthree editions under its original title and three more \n(beginning in 1915) under the title Robert's Rules of \nOrder Revised. Since 1970 it has been titled Robert's \nRules ofOrder Newly Revised. It is the best selling and \nmost commonly adopted parliamentary manual in \nthe United States. 2. Any parliamentary manual that \nincludes \"Robert's Rules\" in its title . 1he copyright \non the first several editions has expired, and many imi\ntators have adapted those editions in varying degrees \noffaithfulness to the original. 3. (Sing.) RULE (3). See \nPARLIAMENTARY MANUAL. \nRobinson-Patman Act. A federal statute (specif., an \namendment to the Clayton Act) prohibiting price \ndiscrimination that hinders competition or tends to \ncreate a monopoly. 15 USCA  13. See ANTITRUST LAW; \nCLAYTON ACT. [Cases: Antitrust and Trade Regulation \n(;.::::>452.] \nRochin rule. The now-rejected principle that uncon\nstitutionally obtained evidence is admissible against \n\nrocket docket 1444 \nthe accused unless the evidence was obtained in a \nmanner that shocks the conscience (such as pumping \nthe stomach of a suspect to obtain illegal drugs that \nthe suspect has swallowed, as occurred in the Rochin \nv. California case). -The Supreme Court handed down \nRochin before the Fourth Amendment exclUSionary rule \napplied to the states. Rochin v. California, 342 U.S. 165, \n72 S.Ct. 205 (1952). [Cases: Criminal Law (;::::>394.] \nrocket docket. (1987) 1. An accelerated dispute-resolu\ntion process. 2. A court or judicial district known for \nits speedy disposition ofcases. 3. A similar administra\ntive process, in which disputes must be decided within \na specified time (such as 60 days). \nROD. abbr. See RECORD OF DECISION. \nrogatio testium. The production of a witness who can \ntestify to the making of a nuncupative will. -The \nwitness must confirm that the testator declared or \nexpressed that the words spoken were a will. See nun\ncupative will under WILL. [Cases: Wills (;::::> 142.] \nrogatory letter (rog-~-tor-ee). See LETTER OF REQUEST. \nrogue court. See COURT. \nrogue jury. See JURY. \nroll, n. (14c) 1. A record of a court's or public office's \nproceedings. [Cases: Judgment (;::::>277; Records \n6, 32.] 2. An official list of the persons and property \nsubject to taxation. -Also termed (in sense 2) tax roll; \ntax list; assessment roll. Cf. TAXPAYERS' LISTS. [Cases: \nTaxation (;::::>2576.]3. Parliamentary law. The roster of \nthose entitled to vote. Also termed roll ofdelegates; \nroll ofmembers. \nroll call. See CALL (1). \nroll-call vote. See VOTE (4). \nrolled-up plea. See PLEA b). \nrolling stock. Movable property, such as locomotives \nand rail cars, owned by a railroad. \nroll ofdelegates. See ROLL (3). \nroll ofmembers. See ROLL (3). \nrollover, n. 1. The extension or renewal of a short-term \nloan; the refinancing ofa maturing loan or note. 2. The \ntransfer of funds (such as IRA funds) to a new invest\nment of the same type, esp. so as to defer payment of \ntaxes. [Cases: Internal Revenue (;::::>3587, 3594.] roll \nover, vb. \nrollover mortgage. See renegotiable-rate mortgage under \nMORTGAGE. \nRoman-Dutch law. A system oflaw in Holland from the \nmid-15th century to the early 19th century, based on a \nmixture ofGermanic customary law and Roman law as \ninterpreted in medieval and Renaissance lawbooks_ \nThis law forms the basis of modern South African law, \nthe law of several other countries in southern Africa, \nand the law of Sri Lanka. \n\"The phrase 'RomanDutch Law' was invented by Simon \nvan Leeuwen. who employed it as the sub-title of his work \nentitled Paratitla Juris Novissimi, published at Leyden in \n1652. Subsequently his larger and better known treatise on the 'Roman-Dutch Law' was issued under that name \nin the year 1664. \n''The system of law thus described is that which obtained \nin the province of Holland from the middle ofthe fifteenth \nto the early years of the nineteenth century. Its main prin \nciples were carried by the Dutch into their settlements in \nthe East and West Indies; and when some of these, namely. \nthe Cape of Good Hope, Ceylon, and part of Guiana, at the \nend ofthe eighteenth and the beginning of the nineteenth \ncentury, passed under the dominion of the Crown ofGreat \nBritain, the old law was retained as the common law of \nthe territories which now became British colonies. With \nthe expansion of the British Empire in South Africa, the \nsphere ofthe Roman-Dutch Law has extended its boundar \nies, until the whole of the area comprised within the Union \nof South Africa ... has adopted this system as its common \nlaw. This is the more remarkable since in Holland itself and \nin the Dutch colonies of the present day the old law has \nbeen replaced by codes ....\" RW. Lee, An Introduction to \nRoman-Dutch Law 2 (4th ed. 1946). \nRomanesque law. See CIVIL LAW (1). \nRomanist, n. One who is versed in or practices Roman \nlaw; a Roman-law specialist. \nRoman law. (l6c) The legal system ofthe ancient Romans, \nforming the basis of the modern civil law; CIVIL LAW \n(1). \n'The Roman law is the body of rules that governed the \nsocial relations of many peoples in Europe, Asia. and Africa \nfor some period between the earliest prehistoric times and \n1453 A.D. This date should perhaps be extended to 1900 \nA.D., or even to the present time. and we might include \nAmerica in the territory concerned.... Yet the essential \nfact is that no present-day community ... consciously \napplies as binding upon its citizens the rules of Roman law \nin their unmodified form. That law is an historical fact. It \nwould have only a tepid historical interest ... if it were not \nfor the circumstance that. before it became a purely histori\ncal fact, it was worked into the foundation and framework \nof what is called the civil law ....\" Max Radin, Handbook \nofRoman Law 1 (1927). \n\"Roman law is not only the best-known, the most highly \ndeveloped, and the most influential of all legal systems \nof the past; apart from English law, it is also the only one \nwhose entire and unbroken history can be traced from \nearly and primitive beginnings to a stage of elaborate \nperfection in the hands of skilled specialists.\" Hans julius \nWolff, Roman Law: An Historical Introduction 5 (1951). \nRome Act. Copyright. A 1928 revision of the Berne \nConvention adding the moral rights of attribution \nand integrity to the minimum standards of protec\ntion that member nations must recognize, creating a \ncompulsory license ofrecorded performances tor radio \nbroadcasting, and specifying that the term of protec\ntion for joint works must be measured from the death \nof the last surviving coauthor. Also termed Rome \nAct of1928; 1928 Rome Act. \nRome Convention. See ROME CONVENTION ON RELATED \nRIGHTS. \nRome Convention on Related Rights. Copyright. A 1961 \ntreaty setting minimum standards for neighboring \nrights of performers, producers, and broadcasters. \nThe United States is not a signatory. Neighboring rights \nwere not protected under the Paris Convention or the \nBerne Convention. They are part ofthe copyright pro\ntection under the Agreement on Trade-Related Aspects \n\n1445 \nofIntellectual Property (TRIPs). -Also termed Con\nvention for the Protection ofPerformers, Producers of \nPhonograms and Broadcasting Organizations. Often \nshortened to Rome Convention. See NEIGHBORING \nRIGHT. \nRooker-Feldman doctrine. The rule that a federal court \ncannot consider claims actually decided by a state court \nor claims inextricably intertwined with an earlier \nstate-court judgment. Rooker v. Fidelity Trust Co., 263 \nU.S. 413,415-16,44 S.Ct. 149,150 (1923); District of \nColumbia Ct. ofApp. v. Feldman, 460 U.S. 462, 476, \n103 S.Ct. 1303, 1311 (1983). This doctrine precludes \"a \nparty losing in state court ... from seeking what in sub\nstance would be appellate review of [a] state judgment \nin a United States district court, based on the losing \nparty's claim that the state judgment itself violates \nthe loser's federal rights.\" Johnson v. De Grandy, 512 \nU.S. 997,1005-06,114 S.Ct. 2647, 2654 (1994). [Cases: \nCourts (:::::>509.] \nroot. Civil law. A descendant. \nroot of title. (1846) The recorded land transaction, usu. \nat least 40 years old, that is used to begin a title search. \nSee CHAIN OF TITLE; TITLE SEARCH. \nROR. abbr. RE"}
{"text": "to begin a title search. \nSee CHAIN OF TITLE; TITLE SEARCH. \nROR. abbr. RELEASE ON RECOGNIZANCE. \nRoth IRA. See INDIVIDUAL RETIREMENT ACCOUNT. \nround lot. See LOT (3). \nround-up. See dragnet arrest under ARREST. \nroup. Scots law. A sale by auction (usu. public). \nrout (rowt), n. (I5c) 'The offense that occurs when an \nunlawful assembly makes some move toward the \naccomplishment ofits participants' common purpose. \nCf. RIOT. [Cases: Riot (:::::> 1.] \n'The word 'rout' comes from the same source as the word \n'route.' It signifies that three or more who have gathered \ntogether in unlawful assembly are 'on their way.' It is \nnot necessary for guilt of this offense that the design be \nactually carried out, nor that the journey be made in a \ntumultuous manner.\" Rollin M. Perkins & Ronald N. Boyce, \nCriminal Law 483 (3d ed. 1982). \nroutine-activities theory. (1985) The theory that \ncriminal acts occur when (1) a person is motivated to \ncommit the offense, (2) a vulnerable victim is avail\nable, and (3) there is insufficient protection to prevent \nthe crime. Cf. CONTROL THEORY; RATIONAL-CHOICE \nTHEORY; STRAIN THEORY. \nRoyal Marriages Act. A 1772 statute (12 Geo. 3, ch. 1) \nforbidding members ofthe royal family from marrying \nwithout the sovereign's permission, except on certain \nconditions. \n\"Royal Marriages Act .... An Act occasioned by George \nIll's fear of the effect on the dignity and honour of the royal \nfamily of members thereof contracting unsuitable mar\nriages, two of his brothers having done so .... It provided \nthat marriages of descendants of George II, other than the \nissue of princesses who marry into foreign families, should \nnot be valid unless they had the consent of the King in \nCounCil, or, ifthe parties were aged over 25, they had given \n12 months' notice to the Privy Council. unless during that \ntime both Houses of Parliament expressly declare disap royalty \nproval of the proposed marriage.\" David M. Walker, The \nOxford Companion to Law 1091 (1980). \nroyalty. (1839) 1. Intellectual property. A payment in \naddition to or in place ofan up-front payment -made \nto an author or inventor for each copy of a work or \narticle sold under a copyright or patent.  Royalties \nare often paid per item made, used, or sold, or per time \nelapsed. [Cases: Copyrights and Intellectual Property \nC-:::>48; Patents <:::J217.1.] \nestablished royalty. A royalty set at an agreed-on price. \n In the absence ofan established royalty, a court will \ndetermine a remedy for infringement based on what \na reasonable royalty would have been. \nreasonable royalty. A royalty that a licensee would be \nwilling to pay the holder of the thing's intellectual\nproperty rights while still making a reasonable profit \nfrom its use . The reasonable-royalty standard often \nserves as the measure ofdamages in a claim ofpatent, \ncopyright, or trademark infringement, or for misap\npropriation oftrade secrets. In deciding what royalty \nis reasonable in a trade-secrets suit, courts consider \nthe unique circumstances of the case, as well as (1) \nhow the use affected the parties' ability to compete; \n(2) the cost ofpast licenses; (3) the cost to develop the \nsecret and its present value; (4) how the defendant \nintends to use the information; and (5) the availability \nofalternatives. [Cases: Patents G-'J319(l).] \n2. Oil & gas. A share ofthe product or profit from real \nproperty, reserved by the grantor of a mineral lease, \nin exchange for the lessee's right to mine or drill on \nthe land. -Also termed (in sense 2) override. [Cases: \nMines and Minerals (;:=:;,70,79.] \nhaulage royalty. A royalty paid to a landowner for \nmoving coal via a subterranean passageway under the \nlandowner's land from a mine located on an adjacent \nproperty. The payment is calculated at a certain \namount per ton of coal. \nlandowner's royalty. A share of production or revenues \nprOVided for the lessor in the royalty clause ofthe oil\nand-gas lease and paid at the well free of any costs \nof production. Traditionally, except in California, \nthe landowner's royalty has been 1/8 ofgross produc\ntion for oil and 1/8 ofthe proceeds received from the \nsale of gas. But today the size is often negotiated. \nAlso termed leaseholder royalty. [Cases: Mines and \nMinerals (:::::>79.1(1).] \nmineral royalty. A right to a share of income from \nmineral production. [Cases: Mines and Minerals \n(:::::>70, 79.] \nnonparticipating royalty. A share ofproduction or \nofthe revenue from production free its costs carved \nout ofthe mineral interest.  A nonparticipating-roy\nalty holder is entitled to the stated share ofproduction \nor cash without regard to the terms ofany lease. Non\nparticipating royalties are often retained by mineral\ninterest owners who sell their rights. [Cases: Mines \nand Minerals (:::::>79.1(1).] \n\nroyalty interest 1446 \noverriding royalty. A share of either production or \nrevenue from production (free of the costs of pro\nduction) carved out ofa lessee's interest under an oil\nand-gas lease . Overriding-royalty interests are often \nused to compensate those who have helped structure a \ndrilling venture. An overriding-royalty interest ends \nwhen the underlying lease terminates. [Cases: Mines \nand Minerals C=>74.J \nshut-in royalty. A payment made by an oil-and-gas \nlessee to the lessor to keep the lease in force when a \nwell capable ofproducing is not utilized because there \nis no market for the oil or gas. Generally, without \nsuch a payment, the lease will terminate at the end of \nthe primary term unless actual production has begun. \n[Cases: Mines and Minerals C=>78.l(3).] \nroyalty interest. Oil & gas. A share of production -or \nthe value or proceeds of production, free of the costs \nof production -when and if there is production . A \nroyalty interest is usu. expressed as a fraction (such as \n1/6). A royalty-interest owner has no right to operate \nthe property and therefore no right to lease the property \nor to share in bonuses or delay rentals. In some states \na royalty owner has the right of ingress and egress to \ntake the royalty production. Authorities are split over \nwhat costs are costs of production. Several different \nbut related kinds of royalty interests are commonly \nencountered. See ROYALTY (2). \nrptr. abbr. REPORTER. \nRRB. abbr. RAILROAD RETIREMENT BOARD. \nR.S. See revised statutes under STATUTE. \nRSPA. abbr. RESEARCH AND SPECIAL PROGRAMS ADMIN\nISTRATION. \nRTC. abbr. RESOLUTION TRUST CORPORATION. \nrubber check. See bad check under CHECK. \nrubber-stamp seal. See NOTARY SEAL. \nrubric (roo-brik). 1. The title of a statute or code <the \nrubric of the relevant statute is the Civil Rights Act \nof 1964>.2. A category or designation <assignment \nof rights falls under the rubric of contract law>. 3. \nAn authoritative rule, esp. for conducting a public \nworship service <the rubric dictates whether the con\ngregation should stand or kneel>. 4. An introductory \nor explanatory note; a preface <a well-known scholar \nwrote the rubric to the book's fourth edition>. 5. An \nestablished rule, custom, or law <what is the rubric in \nthe Northern District of Texas regarding appearance \nat docket call?>. \nrule, n. (13c) 1. Generally, an established and authorita\ntive standard or principle; a general norm mandating or \nguiding conduct or action in a given type ofsituation. \ndefault rule. A legal principle that fills a gap in a \ncontract in the absence ofan applicable express pro\nvision but remains subject to a contrary agreement. \nCf. GAP-FILLER. [Cases: Contracts C=> 168.] \ngeneral rule. A rule applicable to a class of cases or \ncircumstances. mandatory rule. A legal rule that is not subject to a \ncontrary agreement. For example, the UCC obli\ngation of good faith and fair dealing cannot be dis\nclaimed. \nperemptory rule. A court order that must be obeyed \nwithout an opportunity to respond . No objections \nmay be lodged or arguments made. \nspecial rule. See SPECIAL RULE (1). \n2. A regulation governing a court's or an agency's \ninternal procedures. [Cases: Administrative Law and \nProcedure C=>381; Courts C=>85; Federal Civil Pro\ncedure C=>21.] 3. Parliamentary law. A procedural \nrule (sense 1) for the orderly conduct of business in \na deliberative assembly. -Also termed rule oforder \n(often pl.). \nCordon rule. See CORDON RULE. \njoint rule. A rule adopted by both houses of a bicam\nerallegislature for the conduct of business or rela\ntions between them, such as when they meet in joint \nsession, or for other matters in which they share an \ninterest. See joint session under SESSION (1). [Cases: \nStates C=>35.] \nordinary standing rule. See standing rule (1). \nRamseyer rule. See RAMSEYER RULE. \nspecial rule. 1. See SPECIAL RULE (2). 2. See SPECIAL \nRULE (3). \nstanding rule. 1. A rule that relates to an organization's \nadministration or operation rather than to its proce\ndure in meetings. For example, a rule about the time \nand place of regular meetings, or about a commit\ntee's jurisdiction, is a standing rule. -Also termed \nordinary standing rule. 2. A special rule of continu\ning force . Many conventions and other delibera\ntive assemblies collect both their administrative and \nprocedural rules into a set titled \"standing rules.\" See \nspecial rule (1). \nrule, vb. (13c) 1. To command or require; to exert control \n<the dictator ruled the country>. 2. To decide a legal \npoint <the court ruled on the issue ofadmissibility>. \nrule, the. An evidentiary and procedural rule by which \nall witnesses are excluded from the courtroom while \nanother witness is testifying <invoking \"the rule\"> . \nThe phrase \"the rule\" is used chiefly in the American \nSouth and Southwest, but it is a common practice to \nexclude witnesses before they testify. [Cases: Criminal \nLaw C=>665; Federal Civil Procedure C=>2012; Trial \nC=>41.] \nrule against vitiation ofa claim element. See ALL-ELE\nMENTS RULE. \nRule in Queen Caroline's Case. The common-law princi\nple that a witness who is impeached with a prior incon\nsistent statement on cross-examination must be given \nthe opportunity to admit, explain, repudiate, or deny \nit before the statement is admissible into evidence . In \nAmerican law, Federal Rule ofEvidence 613 embodies \nthis principle, with some variations. The original rule \n\n1447 \nis found in Queen Caroline's Case, (1820) 129 Eng. Rep. \n976. [Cases: Witnesses C=>388(2.1).] \nRule 1.53 application. See continued-prosecution appli\ncation under PATENT APPLICATION. \nRule lOb-5. The SEC rule that prohibits deceptive or \nmanipulative practices (such as material misrepresen\ntations or omissions) in the buying or selling ofsecuri\nties. Also termed antifraud rule. [Cases: Securities \nRegulation C=>60.1O-60.70.] \nRule 11. Civil procedure. 1. In federal practice, the proce\ndural rule requiring the attorney ofrecord or the party \n(if not represented by an attorney) to sign all pleadings, \nmotions, and other papers filed with the court and \nby this signing -to represent that the paper is filed in \ngood faith after an inquiry that is reasonable under the \ncircumstances . This rule provides for the imposition \nofsanctions, upon a party's or the court's own motion, \nifan attorney or party violates the conditions stated in \nthe rule. Fed. R. Civ. P. 11. [Cases: Compromise and \nSettlement Federal Civil Procedure C=>27S0\n2831; Judgment 2. In Texas practice, the pro\ncedural rule requiring agreements between attorneys \nor parties concerning a pending suit to be in writing, \nsigned, and filed in the court's record or made on the \nrecord in open court. Tex. R. Civ. P. 11. [Cases: Com\npromise and Settlement \nRule 109 statement. Patents. A statement by a patent \nexaminer ofthe reasons for allowing a patent claim. \n An examiner may file a Rule 109 statement at any \ntime if it appears that the record does not adequately \nreflect the reasons for allowance. It should state how \nthe claim differs from prior art and why that difference \nis nonobvious. PTO Reg.  1.109; 37 CFR  1.104(e). \nAlso termed Reasonsfor Allowance. [Cases: Patents C=> \n104.J \nRule 116 amendment. See amendment after final action \nunder PATENT-APPLICATION AMENDMENT. \nRule 312 amendment. See amendment after allowa/1ce \nunder PATENT-APPLICATION AMENDMENT. \nrule absolute. See decree absolute under DECREE. \nrule against accumulations. See ACCUMULATIONS, RULE \nAGAINST. \nrule against inalienability. The principle that property \nmust not be made nontransferable. - Also termed rule \nagainst trusts ofperpetual duration. Cf. RULE AGAINST \nPERPETUITIES. [Cases: Property C=> 11.] \nrule against perpetuities. (sometimes cap.) (lSc) \nProperty. The common-law rule prohibiting a grant \nof an estate unless the interest must vest,"}
{"text": "sometimes cap.) (lSc) \nProperty. The common-law rule prohibiting a grant \nof an estate unless the interest must vest, if at all, no \nlater than 21 years (plus a period ofgestation to cover \na posthumous birth) after the death of some person \nalive when the interest was created . The purpose of \nthe rule was to limit the time that title to property could \nbe suspended out of commerce because there was no \nowner who had title to the property and who could sell \nit or exercise other aspects of ownership. Ifthe terms \nof the contract or gift exceeded the time limits of the Rule in Wild's Case \nrule, the gift or transaction was void. See MEASURING \nLIFE. Cf. ACCUMULATIONS, RULE AGAINST. [Cases: Per\npetuities \n\"The true form of the Rule against Perpetuities is believed \nto be this: -... NO INTEREST SUBJECT TO A CONDITION PRECEDENT IS GOOD, \nUNLESS THE CONOITION MUST BE FULFILLED, IF AT ALL, WITHIN TWENTY-ONE \nYEARS AFTER 50..E liFE IN BEING AT THE CREATION OF THE INTEREST.\" John \nChipman Gray, The Rule Against Perpetuities 144 (1886). \n\"Another scholar who spent a substantial part of an \nacademic lifetime attempting to bring order and add \nsense to the rule [against perpetuities], W. Barton leach, \ndescribed the rule as a 'technicality-ridden legal night\nmare' and a 'dangerous instrumentality in the hands of \nmost members of the bar.'\" Thomas F. Bergin & Paul G. \nHaskell, Preface to Estates in Land and Future Interests 178 \n(2d ed. 1984) (quoting leach, Perpetuities Legislation, Mas \nsachusetts Style, 67 Harv. l. Rev. 1349 (1954). \n'The Rule Against Perpetuities is a rule against remoteness \nof vesting. A contingent future interest is invalid under the \northodox rule if, at the time of the creation of the interest, \nthe circumstances are such that the contingency may go \nunresolved for too long a time. The Rule is not concerned \nwith the duration of interests, that is, the length of time \nthat they endure. It is not a rule against suspension of \nthe power of alienation, nor a rule against restraints on \nalienation. It is not a rule that directly limits the duration of \ntrusts .... The orthodox rule is satisfied if all contingent \nfuture interests are so created that they must vest, if they \nvest at all, within the perpetuities period.\" Robert J. lynn, \nThe Modern Rule Against Perpetuities 9 (1966). \n\"The common law Rule Against Perpetuities (modified by \nstatute in some states) provides that no interest is valid \nunless it must vest within 21 years after lives in being \nwhen the interest was created. The rule is something of a \nmisnomer. It does not limit the duration of a condition in a \nbequest, but rather limits the testator's power to earmark \ngifts for remote descendants.\" Richard A. Posner, Economic \nAnalysis of Law  18.7, at 394 (2d ed. 1977). \nrule against trusts of perpetual duration. See RULE \nAGAINST INALIENABILITY. \nrule day. See return day (3) under DAY. \nrule in Heydon's case. See MISCHIEF RULE. \nRule in Shelley's Case. (1Sc) Property. The rule that \nif -in a single grant a freehold estate is given to a \nperson and a remainder is given to the person's heirs, \nthe remainder belongs to the named person and not \nthe heirs, so that the person is held to have a fee simple \nabsolute. The rule, which dates from the 14th century \nbut draws its name from the famous 16th-century case, \nhas been abolished in most states. Wolfe v. Shelley, 76 \nEng. Rep. 206 (K.B. 1581). [Cases: Estates in Property \nC'='S.J \n\"[TJhe rule in Shelley's Case, the Don Quixote of the law, \nwhich, like the last knight errant of chivalry, has long \nsurvived every cause that gave it birth and now wanders \naimlessly through the reports, still vigorous, but equally \nuseless and dangerous.\" Stamper v. Stamper, 28 S.E. 20, \n22 (N.C. 1897). \nRule in Wild's Case. (1842) Property. The rule constru\ning a grant to \"A and h5 children\" as a fee tail if h8 \nchildren do not exist at the effective date ofthe instru\nment, and as a jOint tenancy if Ns children do exist at \nthe effective date . The rule has been abolished along \nwith the fee tail in most states. \n\n1448 rulemaking \nrulemaking, n. (1926) The process used by an admin\nistrative agency to formulate, amend, or repeal a rule \nor regulation. -Also termed administrative rulemak\ning. Cf. ADMINISTRATIVE ADJUDICATION; INFORMAL \nAGENCY ACTION. [Cases: Administrative Law and Pro\ncedure C=>3S1-427.] -rulemaking, ad}. \nformal rulemaking. (1960) Agency rulemaking that, \nwhen required by statute or the agency's discretion, \nmust be on the record after an opportunity for an \nagency hearing, and must comply with certain pro\ncedures, such as allowing the submission ofevidence \nand the cross-examination ofwitnesses. Cf. informal \nrulemaking. [Cases: Administrative Law and Proce\ndure C-=::>3S1-427.] \ninformal rulemaking. (196S) Agency rulemaking in \nwhich the agency publishes a proposed regulation \nand receives public comments on the regulation, \nafter which the regulation can take effect without \nthe necessity of a formal hearing on the record. \nInformal rulemaking is the most common proce\ndure followed by an agency in issuing its substantive \nrules. -Also termed notice-and-comment rulemak\ning. See NOTICE-AND-COMMENT PERIOD. Cf. formal \nrulemaking. [Cases: Administrative Law and Proce\ndure C=>3S1-427.] \nrule nisi. See decree nisi under DECREE. \nrule of capture. 1. The doctrine that if the donee of a \ngeneral power of appointment manifests an intent to \nassume control ofthe property for all purposes and not \njust for the purpose of appointing it to someone, the \ndonee captures the property and the property goes to \nthe donee's estate . One common way for the donee \nto show an intent to assume control for all purposes \nis to include provisions in his or her will blending the \nappointing property with the donee's own property. \n2. Property. The principle that wild animals belong to \nthe person who captures them, regardless of whether \nthey were originally on another person's land. [Cases: \nAnimals C=> 1.5(3).] 3. Water law. The principle that a \nsurface landowner can extract and appropriate all the \ngroundwater beneath the land by drilling or pumping, \neven ifdoing so drains away groundwaters to the point \nofdrying up springs and wells from which other land\nowners benefit.  This doctrine has been widely abol\nished or limited by legislation. [Cases: Waters and \nWater Courses C=> 101.] 4. Oil & gas. A fundamental \nprinciple of oil-and-gas law holding that there is no \nliability for drainage of oil and gas from under the \nlands of another so long as there has been no trespass \nand all relevant statutes and regulations have been \nobserved. -Also termed doctrine ofcapture; law of \ncapture. Cf. AD COELUM DOCTRINE. [Cases: Mines and \nMinerals C=>47.] \nrule ofcompleteness. See RULE OF OPTIONAL COMPLETE\nNESS. \nrule ofconstruction. See canon ofconstruction under \nCANON (1). rule ofcourt. (17c) A rule governing the practice or pro\ncedure in a given court <federal rules of court>. See \nLOCAL RULE. [Cases: Courts C=>S5; Federal Civil Pro\ncedure C=>21.] \nrule of decision. (1Sc) A rule, statute, body of law, or \nprior decision that provides the basis for deciding or \nadjudicating a case. [Cases: Courts C=>SS.] \nrule ofdoubt. 1. Copyright. The doctrine that unreadable \nor incomprehensible identifying material deposited \nwith the U.S. Copyright Office may not be protected \nunder copyright law because it cannot easily be \nexamined to determine whether it qualifies . This \nrule usu. applies to computer object code . Unlike a \nCertificate of Registration, a filing under the rule of \ndoubt is not prima facie evidence ofa valid copyright. \n[Cases: Copyrights and Intellectual Property C=>4.] 2. \nPatents. An abandoned judicial doctrine holding that \nwhen there is doubt whether an invention is patentable, \nthe patent should be issued so that the inventor can test \nits validity in court. \nrule ofevidence. See EVIDENCE (4). \nrule of four. (1949) The convention that for certiorari \nto be granted by the U.S. Supreme Court, four justices \nmust vote in favor ofthe grant. See CERTIORARI. [Cases: \nFederal Courts C=>452, 509.] \nrule ofinconvenience. (1934) The principle ofstatutory \ninterpretation holding that a court should not construe \na statute in a way that will jeopardize an important \npublic interest or produce a serious hardship for \nanyone, unless that interpretation is unavoidable. \nOften shortened to inconvenience. [Cases: Statutes C=> \nISI(2).] \nrule of interpretation. See canon ofconstruction under \nCANON (1). \nrule of justice. A jurisprudential principle that deter\nmines the sphere ofindividual liberty in the pursuit of \nindividual welfare, so as to confine that liberty within \nlimits that are consistent with the general welfare of \nhumankind. \nrule oflaw. (1Sc) 1. A substantive legal principle <under \nthe rule of law known as respondeat superior, the \nemployer is answerable for all wrongs committed by \nan employee in the course ofthe employment>. 2. The \nsupremacy of regular as opposed to arbitrary power \n<citizens must respect the rule oflaw>. - Also termed \nsupremacy oflaw. 3. The doctrine that every person \nis subject to the ordinary law within the jurisdiction \n<all persons within the United States are within the \nAmerican rule of law>. 4. The doctrine that general \nconstitutional principles are the result ofjudicial deci\nsions determining the rights of private individuals \nin the courts <under the rule oflaw, Supreme Court \ncaselaw makes up the bulk of what we call \"constitu\ntionallaw\">. 5. Loosely, a legal ruling; a ruling on a \npoint of law <the ratio decidendi of a case is any rule \nof law reached by the judge as a necessary step in the \ndecision>. [Cases: Courts C=>S7.] \n\n1449 rule of the last antecedent \nrule oflenity (len-;)-tee). The judicial doctrine holding \nthat a court, in construing an ambiguous criminal \nstatute that sets out multiple or inconsistent punish\nments, should resolve the ambiguity in favor of the \nmore lenient punishment. Also termed lenity rule. \n[Cases: Statutes (;::=>241(1).J \nrule of marshaling assets. An equitable doctrine that \nrequires a senior creditor, having two or more funds to \nsatisfy its debt, to first dispose of the fund not available \nto a junior creditor. -It prevents the inequity that would \nresult if the senior creditor could choose to satisfy its \ndebt out of the only fund available to the junior creditor \nand thereby exclude the junior creditor from any sat\nisfaction. -Also termed marshaling doctrine; rule \nofmarshaling securities; rule ofmarshaling remedies. \n[Cases: Debtor and Creditor (;::=> 13.] \nrule ofmarshaling liens. See INVERSE-ORDER-OF-ALIEN\nATION DOCTRINE. \nrule of marshaling remedies. See RULE OF MARSHAL\nING ASSETS. \nrule of marshaling securities. See RULE OF MARSHAL\nINGASSETS. \nrule ofnecessity. A rule requiring a judge or other official \nto hear a case, despite bias or conflict ofinterest, when \ndisqualification would result in the lack ofany compe\ntent court or tribunaL -Often shortened to necessity. \n[Cases: Judges ~J39.1 \nrule ofoperation. Patents. A method of using a machine \nto produce its intended useful result. - A rule of opera\ntion and moving parts generally distinguish a machine \nfrom an article of manufacture. \nrule of optional completeness. (1983) The evidentiary \nrule providing that when a party introduces part of \na writing or an utterance at trial, the opposing party \nmay require that the remainder of the passage be read \nto establish the full context. -The rule has limitations: \nfirst, no utterance can be received ifit is irrelevant, and \nsecond, the remainder of the utterance must explain \nthe first part. In many jurisdictions, the rule applies to \nconversations, to an opponent's admissions, to confes\nsions, and to all other types ofwritings -even account \nbooks. But the Federal Rules of Evidence limit the rule \nto writings and recorded statements. Fed. R. Evid. 106. \nIn most jurisdictions, including federal, the remain\nder is admissible unless its admission would be unfair \nor misleading. Also termed rule ofcompleteness; \ndoctrine ofcompleteness; doctrine ofoptional complete\nness; completeness doctrine; optional-completeness rule; \noptional-completeness doctrine. [Cases: Criminal Law \nC=396(2); Evidence \\55,383(12).] \nrule of order. See RULE (3). \nrule of rank. A doctrine of statutorv construction \nholding that a statute dealing with th'ings or persons \nof an inferior rank cannot by any general words be \nextended to things or persons of a superior rank. \nBlackstone gives the example ofa statute dealing with \ndeans, prebendaries, parsons, vicars, and others having \nspiritual promotion. According to Blackstone, this statute is held not to extend to bishops, even though \nthey have spiritual promotion, because deans are the \nhighest persons named, and bishops are of a higher \norder. Cf. EJUSDEM GENERIS; EXPRESSIO UNIUS EST \nEXCLUSIO ALTERIUS; NOSCITUR A SOCIIS. \nrule ofreason. Antitrust. The judicial doctrine holding "}
{"text": "ALTERIUS; NOSCITUR A SOCIIS. \nrule ofreason. Antitrust. The judicial doctrine holding \nthat a trade practice violates t he Sherman Act only if the \npractice is an unreasonable restraint of trade, based on \nthe totality ofeconomic circumstances. See SHERMAN \nANTITRUST ACT; RESTRAINT OF TRADE. Cf. PER SE RULE. \n[Cases: Antitrust and Trade Regulation C=:)535.] \nrule of recognition. In the legal theory of H.L.A. Hart, \na legal system's fundamental rule, by which all other \nrules are identified and understood . In The Concept of \nLaw (1961), Hart contends that a society's legal system is \ncentered on rules. There are primary rules of obligation, \nwhich prescribe how a person should act in SOCiety, \nand secondary rules, by which the primary rules are \ncreated, identified, changed, and understood. A \"rule of \nrecognition\" is a secondary rule, and serves to instruct \ncitizens on when a pronouncement or societal principle \nconstitutes a rule of obligation. Sometimes short\nened to recognition. Cf. RULES OF CHANGE; basic norm \nunder NORM. \n\"This rule [the rule of recognition] may amount to no \nmore than specifying a list of primary rules carved on a \npublic monument. Or it may actually be a complete set \nof rules ....\" Martin P. Golding, Philosophy of Law 44 \n(1975). \nrule of right. (18c) lhe source of a right; the rule that \ngives rise to a right. \nrule ofn. A method for determining how many years it \ntakes to double money invested at a compound interest \nrate. For example, at a compound rate of6%, it takes \n12 years (72 divided by 6) for principal to double. \nrule of 78. A method for computing the amount of \ninterest that a borrower saves by paying off a loan early, \nwhen the interest payments are higher at the begin\nning of the loan period . For example, to determine \nhow much interest is saved by prepaying a 12-month \nloan after 6 months, divide the sum of the digits for the \nremaining six payments (21) by the sum of the digits \nfor all twelve payments (78) and multiply that percent\nage by the total interest. Also termed rule ofthe sum \nofthe digits. \nrule of the floating subtrahend. The common-law \ndoctrine that a plaintiff whose damage was not caused \nentirely by the defendant must prove the amount of \ndamage that is not attributable to the defendant (the \nsubtrahend) or else recover nothing. -The reasoning \nbehind the rule is that damage is an essential element \nofa tort claim, and the plaintiffhas the burden of proof. \nIf proved, the subtrahend is subtracted from the total \ndamage to determine the plaintiffs recovery. \nrule ofthe last antecedent. (1919) An interpretative prin\nciple by which a court determines that qualifying words \nor phrases modify the words or phrases immediately \npreceding them and not words or phrases more remote, \nunless the extension is necessary from the context or \n\n1450 rule of the shorter term \nthe spirit ofthe entire writing . For example, an appli\ncation of this rule might mean that, in the phrase Texas \ncourts, New Mexico courts, and New York courts in the \nfederal system, the words in the federal system might \nbe held to modify only New York courts and not Texas \ncourts or New Mexico courts. -Also termed doctrine of \nthe last antecedent; doctrine of the last preceding ante\ncedent. [Cases: Statutes (,'=' 196.] \nrule of the shorter term. Copyright. A provision of \nthe Universal Copyright Convention stating that no \nmember country is required to extend a longer term of \nprotection than the work receives in the country where \nit is first published. Also termed shorter-term rule. \nrule of the sum of the digits. See RULE OF 78. \nrule of universal inheritance. See UNIVERSAL-INHER\nITANCE RULE. \nrules committee. See COMMITTEE. \nrules ofchange. In the legal theory ofH.L.A. Hart, the \nfundamental rules by which a legal system's other rules \nare altered . In Hart's theory, a legal system's primary \nrules are subject to identification and change by sec\nondary rules. Among those rules are \"rules ofchange,\" \nwhich prescribe how laws are altered or repealed. Cf. \nRULE OF RECOGNITION. \nrules ofcourt. See COURT RULES. \nRules of Decision Act. A federal statute (28 USCA \n 1652) providing that a federal court, when exercising \ndiversity jurisdiction, must apply the substantive law of \nthe state in which the court sits. See diversity jurisdic\ntion under JURISDICTION. [Cases: Federal Courts \n373.] \nrules ofevidence. See EVIDENCE (4); FEDERAL RULES OF \nEVIDENCE. \nrules ofnavigation. Maritime law. The principles and \nregulations that govern the steering and sailing of \nvessels to avoid collisions . Examples include the \nInternational Rules governing conduct on the high \nseas and the Inland Rules governing navigation on \nthe inland waters ofthe United States and U.S. vessels \non the Canadian waters of the Great Lakes. 33 USCA \n 1602-1608,2001-2073. [Cases: Collision \nrules oforder. See RULE (3). \nrules ofprocedure. See PROCEDURE (2). \nrule to show cause.!. See SHOW-CAUSE PROCEEDING. 2. \nSee show-cause order under ORDER (2). \nruling, n. (16c) 1. The outcome of a court's decision either \non some point oflaw or on the case as a whole. Also \ntermed legal ruling. Cf. JUDGMENT (1); OPINION (1). \n[Cases: Courts C:\";)88.] \n\"A distinction is sometimes made between rules and \nrulings. Whether or not a formal distinction is declared, \nin common usage 'legal ruling' (or simply 'ruling') is a \nterm ordinarily used to signify the outcome of applying \na legal test when that outcome is one of relatively narrow \nimpact. The immediate effect is to decide an issue in a \nsingle case. This meaning contrasts, for example, with the \nusual meaning of 'legal rule' (or simply 'rule'). The term \n'rule' ordinarily refers to a legal proposition of general application. A 'ruling' may have force as precedent, but \nordinarily it has that force because the conclusion it \nexpresses (for example, 'objection sustained') explicitly \ndepends upon and implicitly reiterates a 'rule' a legal \nproposition of more general application ....\" Robert E. \nKeeton, Judging 67-68 (1990). \n2. Parliamentary law. The chair's decision on a point \noforder. rule, vb. \nruling case. See LEADING CASE (3). \nruling letter. See DETERMINATION LETTER. \nRULPA. abbr. Revised Uniform Limited Partnership \nAct. See UNIFORM LIMITED PARTNERSHIP ACT. \nrun, vb. (bef. 12c) 1. To expire after a prescribed period \n<the statute of limitations had run, so the plaintiff's \nlawsuit was barred>. 2. To accompany a conveyance \nor assignment of (land) <the covenant runs with the \nland>. [Cases: Covenants C::'53-84.] 3. To apply <the \ninjunction runs against only one of the parties in the \ndispute>. \nrunaway. (16c) 1. A person who is fleeing or has escaped \nfrom custody, captivity, restraint, or control; esp., a \nminor who has voluntarily left home without permis\nsion and with no intent to return. Cg. THROWAWAY. \n[Cases: Infants 151.] 2. An animal or thing that is \nout ofcontrol or has escaped from confinement. [Cases: \nAnimals run away, vb. \nrunaway grand jury. See GRAND JURY. \nrunner. (I8c) 1. A law-office employee who delivers \npapers between offices and files papers in court. 2. One \nwho solicits personal-injury cases for a lawyer. Also \ntermed capper. 3. A smuggler. 4. BrE. Slang. An escape; \nflight (from something); a voluntary disappearance. \nrunning account. See ACCOUNT. \nrunning description. See METES AND BOUNDS. \nrunning-down clause. Marine insurance. A provision for \nthe hull insurer's paying a proportion of the damages \nsustained the other vessel in a collision. [Cases: \nInsurance \nrunning objection. See continuing objection under \nOBJECTION. \nrunning policy. See floating policy under INSURANCE \nPOLICY. \nrunning with the land. Property law. See covenant \nrunning with the land under COVENANT (4). \nrunoff election. See ELECTION (3). \nRural Business-Cooperative Service. An agency in the \nU.S. Department of Agriculture responsible for making \nloans and grants to public agencies and private parties \nto develop rural businesses. Abbr. RBS. [Cases: \nUnited States \nRural Electrification Administration. A former agency \nin the U.S. Department of Agriculture responsible for \nmaking or guaranteeing loans to rural electric and \ntelephone utilities . Its duties were transferred to \nthe Rural Utilities Service in 1994. -Abbr. REA. See \n\n1451 \nRURAL UTILITIES SERVICE. [Cases: United States C=> \n53(7).] \nRural Housing Service. An agency in the U.S. Depart\nment ofAgriculture responsible for making or guaran\nteeing loans for rural housing. Abbr. RHS. [Cases: \nUnited States C=>53(7).] \nrural servitude. See SERVITUDE (2). \nRural Utilities Service. An agency in the U.S. Depart\nment of Agriculture responsible for making or guar\nanteeing loans to rural electric and telecommunication \nutilities. e The agency is the successor to the Rural \nElectrification Administration. Abbr. RUS. [Cases: \nUnited States (:::::>53(7).] \nRUS. abbr. RURAL UTILITIES SERVICE. \nrustica et urbana (ras-ti-k\" et \"r-bay-n,,). [Latin) Hist. \nRural and urban. The phrase appeared in reference \nto servitudes. See SERVITUS. rusticum jus \nrusticum forum (ras-ti-bm for-dm). Any nonjudicial \nbody (such as an arbitral panel or workers' -compensa\ntion review board) that has authority to make a binding \ndecision. Also termed poor man's court. \nrusticum judicium (ras-ti-k\"m joo-dish-ee-\"m). 1. The \ndivision of liability so that one party (usu. a defen\ndant) must pay only part (usu. half) ofanother party's \n(usu. the plaintiff's) loss . Rusticum judicium origi\nnated in 17th century maritime law as a means ofeffi\nciently resolVing collision cases in which both ships \nwere at fault. In maritime law, damages were equally \ndivided. Also termed rusticum jus. Cf. comparative \nnegligence under NEGLIGENCE. 2. Rare. Rough justice; a \nrustic tribunal. e1his is a literal translation ofthe term, \nused colloquially rather than accurately. -Sometimes \nmisspelled rusticum judicum. \nrusticum jus (ras-ti-bm j\"s). Maritime law. See \nRUSTICUM JUDICIUM (1). \n\ns \ns. \tabbr. 1. STATUTE. 2. SECTION (1). 3. (usu. cap.) \nSE:'-<ATE. \nS-1. An SEC form that a company usu. must file before \nlisting and trading its securities on a national exchange. \n Used primarily by first-time issuers ofsecurities, this \nform is the basic, full-length registration statement that \nrequires a great deal of information about the issuer \nand the securities being sold. The SEC has also adopted \nmodified forms for smaller enterprises, such as Forms \nS8-] and S8-2. -Also termed Form 8-l. \nSabbath-breaking. 1he violation of laws or rules on \nobserving the Sabbath; esp., the violation of a blue \nlaw. \nSabbath law. See BLUE LAW. \nsabotage (sab-a-tahzh), n. (1910) 1. The destruction, \ndamage, or knowingly defective production of mate\nrials, premises, or utilities used for national defense \nor for war. 18 USCA  2151 et seq. [Cases: War and \nNational Emergency 2. The willful and mali\ncious destruction ofan employer's property or interfer\nence with an employer's normal operations, esp. during \na labor dispute. -sabotage, vb. \nsaboteur (sab-<'l-tar), n. (1921) A person who commits \nsabotage. \nsac, n. See soc. \nsacer (sas-ar), adj. [Latin \"sacred; forfeited to a god\"] \nRoman law. (Of an outlaw or a wrongdoer) punished \nby being placed outside the law's protection. See CON\nSECRATIO CAPITIS; OUTLAWRY. \nsachbaro. See SAGIBARO. \nSache (zahk-d). [German] A thing; an article or matter. \nSeeTHING. \nsacramentalis (sak-r<'l-men-tay-leez), n. pI. [Law Latin fr. \nLatin sacramentum \"an oath- taker\"] Hist. A compurga\ntor; one who takes an oath swearing to a defendant's \ninnocence. Pl. sacramentales. \nsacramento (sak-ra-men-toh), n. [Latin \"by oath\"] \nRoman law. A legal action in the earliest form ofcivil \nprocedure in which, at its commencement, each ofthe \ncontending parties deposited or gave security for a \ncertain sum (called the sacramentum), which the loser \nforfeited to the public. Also termed legis actio sac\nramento. See LEGIS ACTIO. \nsacramentum (sak-r<'l-men-t<'lm), n. [Latin \"an oath\"] \nRoman law. 1. SACRAMENTO. 2. An oath of allegiance \ngiven by a soldier upon enlistment. \nsacramentum decision is (sak-ra-men-t<'lm di-sizh\nee-oh-nis). (Latin \"the oath of decision\"] Civil law. \nThe offer by one party to accept the opposing party's oath as"}
{"text": "). (Latin \"the oath of decision\"] Civil law. \nThe offer by one party to accept the opposing party's oath as decisive of the issues involved in a lawsuit. PI. \nsacramenta decision is. \n''The defendant or person accused was ... to make oath \nof his own innocence, and to produce a certain number of \ncompurgators, who swore they believed his oath. Somewhat \nSimilar also to this is the sacramentum decisianis, or the \nvoluntary and decisive oath of the civil law; where one of \nthe parties to the suit, not being able to prove his charge, \noffers to refer the decision of the cause to the oath of his \nadversary: which the adversary was bound to accept, or \ntender the same proposal back again; otherwise the whole \nwas taken as confessed by him.\" 3 William Blackstone, Com\nmentaries on the Laws offngland 342 (1768). \nsacramentum fidelitatis (sak-ra-men-tdm fi-del-d-tay\ntis). [Law Latin] Hist. The oath of fidelity, given by a \nvassal to a lord. \nsacrilege (sak-ra-lij). 1. The act or an instance of des\necrating or profaning a sacred thing. 2. Hist. Larceny \nofsacred objects, as from a church. \nsacrilegium (sak-r<'l-lee-jee-dm), n. (Latin fro sacer \n\"sacred\" + legere \"to steal\"] Roman law. 1. The theft of \na sacred thing, usu. a capital offense. See CAPITALIS. 2. \nViolation ofan imperial law. \n\"In the later Empire the conception of sacrilegium was \nsomewhat distorted and those 'who through ignorance \nor negligence confound, violate and offend the sanctity \nof a divine law' ... were considered gUilty of sacrilegium. \n'Divine' is here used in the sense of imperial, issued by \nthe emperor ... , Thus sacrilegium and sacriJegus became \nrather general terms applied to the neglect or violation of \nimperial orders or enactments.\" Adolf Berger, Encyclopedic \nDictionary ofRoman Law 689 (1953). \nsacrilegus (sd-kril-<'l-g<'ls), adj. & n. (Latin \"sacrilegious\"] \nRoman law. (A person) guilty of sacrilegium. See SAC\nRILEGIUM. \nsacristan (sak-ri-st<'ln). [Latin] Hist. A caretaker of a \nchurch; a sexton ofa church. \nsacristy (sak-ri-stee). See VESTRY (1). \nsadaq. See MAHR. \nsaemend (see-mand). [Old English] Hist. An arbitrator; \nan umpire. \nSAET. abbr. SUBSTANCE-ABUSE EVALUATION AND TREAT\nMENT. \nsaevitia (si-vish-ee-a). [Latin fro saevus \"cruel\"] Hist. \nCruelty in a marriage, as a result ofwhich cohabitation \nis dangerous enough to justify a decree of separation. \nsafe, adj. 1. Not exposed to danger; not causing danger \n<driving at a safe limit ofspeed>. 2. Unlikely to be over\nturned or proved wrong. \nsafe-berth clause. Maritime law. A provision in a voyage \nor time charterparty obligating the charterer to choose \na berth for loading and unloading the chartered ship \nwhere the ship will be safe from damage . The ship's \nmaster can refuse to enter the berth without breaching \n\n1453 Saint Lawrence Seaway Development Corporation \nthe charter. But if the master reasonably enters the \nberth and the ship is damaged, the charterer is liable. \nCf. SAFE-PORT CLAUSE. [Cases: Shipping~54.] \nsafe blower. One who uses explosives to open a safe, \nesp. for the purpose of stealing the contents. Cf. SAFE \nCRACKER. \nsafe breaker. See SAFE CRACKER. \nsafe conduct. Int'llaw. 1. A privilege granted by a bel\nligerent allowing an enemy, a neutral, or some other \nperson to travel within or through a deSignated area \nfor a specified purpose. 2. A document conveying this \nprivilege. Sometimes written safe-conduct. -Also \ntermed safeguard; passport. \n\"Passports and safeguards, or safe conducts, are letters of \nprotection, with or without an escort, by which the person \nof an enemy is rendered inviolable. These may be given \nin order to carryon the peculiar commerce of war, or for \nreasons which have no relation to it, which terminate in the \nperson himself.\" Theodore D. Woolsey, Introduction to the \nStudy ofInternational Law  155, at 265 (5th ed. 1878). \n\"Safe-conduct .... The grantee is inviolable so long as he \ncomplies with the conditions imposed on him or neces\nsitated by the Circumstances of the case. Unless stated, \na safe-conduct does not cover goods or luggage. They \nmay be given also for ships and for goods. To be effective \nunder international law the grant must have been arranged \nbetween belligerents.\" David M. Walker, The Oxford Com\npanion to Law 1098 (1980). \nsafe cracker. One who breaks into a safe, esp. for the \npurpose of stealing the contents. Also termed safe \nbreaker. Cf. SAFE BLOWER. \nsafe-deposit box. (1874) A lockbox stored in a bank's \nvault to secure a customer's valuables. _ It usu. takes \ntwo keys (one held by the bank and one held by the \ncustomer) to open the box. Often shortened to \ndeposit box. Also termed safety-deposit box. [Cases: \nWarehousemen C-~38.] \nsafe-deposit company. See DEPOSITARY (1). \nsafe harbor. (1960) 1. An area or means ofprotection. 2. \nA provision (as in a statute or regulation) that affords \nprotection from liability or penalty. _ SEC regula\ntions, for example, provide a safe harbor for an issuer's \nbusiness forecasts that are made in good faith. -Also \ntermed safe-harbor clause; safe-harbor provision. \n[Cases: Securities Regulation ~60.27(5).] \nsafe-haven law. Family law. A statute that protects a \nparent who abandons a baby at a deSignated place such \nas a hospital, a physician's office, or a fire station, where \nit can receive emergency medical assistance as needed. \n-The law typically stipulates that a parent who leaves \na baby at such a place will not be publicly identified or \nprosecuted. Such laws have been enacted in many states \nin response to a perceived increase in incidents ofchild \nabandonment. Also termed Baby Moses law. \nsafe house. A residence where people live under pro\ntection, usu. in anonymity. -Safe houses are operated \ntor a range of purposes, both legal and illegal. Shelters \nfor abused spouses and runaway children are safe \nhouses. Law-enforcement agencies keep safe houses \nfor undercover operations and to protect witnesses who have been threatened. Lawbreakers use them to shield \ncriminal activity such as drug manufacturing. \nsafekeeping. 1. The act ofprotecting something in one's \ncustody. 2. Under the Securities Investors Protection \nAct, the holding of a security on behalf of the investor \nor broker that has paid for it. 15 USCA  78111(2). [Cases: \nSecurities Regulation (,\":::;) 185.13-185.16_] \nsafe-pledge. See PLEDGE (5). \nsafe-port clause. Maritime law. A provision in a voyage \nor time charterparty obligating the charterer to choose \na port where the ship will be safe from damage. -The \nship's master can refuse to enter the port without \nbreaching the charter. But if the master reasonably \nenters the port and the ship is damaged, the charterer \nis liable. Cf. SAPE-BERTH CLAUSE. [Cases: Shipping \n39,55.] \nsafe-storage statute. A law that prohibits persons from \nleaving firearms unattended in places where children \nmay gain access to them. -Also termed child-access \nprevention statute. [Cases: Weapons (>4.] \nSafety Appliance Act. A federal law regulating the safety \nofequipment used by railroads in interstate commerce. \n49 USCA  20301 et seq. [Cases: Labor and Employ\nment <:>2862-2864; Railroads (;::=;'229.] \nsafety-deposit box. See SAFE-DEPOSIT BOX. \nsafety engineering. The inspection and study of poten\ntially dangerous conditions, usu. in an industrial \nenvironment, so that precautionary measures can be \ntaken. \nsafety officer. See OFFICER (1). \nsafe workplace. A place of employment in which all \ndangers that should reasonably be removed have been \nremoved; a place ofemployment that is reasonably safe \ngiven the nature of the work performed. See occu\nPATIONAL SAFETY AND HEALTH ADMINISTRATION. \n[Cases: Labor and Employment ~2832; Negligence \nc:.>1204(4).] \nsagibaro (sag-i}-bar-oh), n. [Old English] Hist. A deter\nminer of disputes; a judge. -Also termed sachbaro \n(sak-bar-oh). \nsaid, adj. (Be) Aforesaid; above-mentioned. _ The adjec\ntive said is obsolescent in legal drafting, its last bastion \nbeing patent claims. But even in that context the word is \ngiving way to the ordinary word the, which ifproperly \nused is equally precise. See AFORESAID. \n\"The word 'said' is used by many practitioners rather \nthan 'the' to refer back to previously recited elements, \nsometimes to a previously cited anything. This practice \nis unobjectionable, although perhaps overly legalistic. If \n'saids' or 'thes' are used, one should be consistent in the \nusage and not alternate between those words in repetitions \nof the same element or among different elements.\" Robert \nC. Faber, Landis on Mechanics of Patent Claim Drafting \n 23, at SO (3d ed. 1990). \nsailor's will. See soldier's will under WILL. \nSaint Lawrence Seaway Development Corporation. A \nwholly-owned corporation in the U.S. Department of \nTransportation responsible for developing, operating, \n\n1454 sake and sake \nand maintaining a part of the St. Lawrence Seaway \nfrom Montreal to Lake Erie. -It charges tolls at rates \nnegotiated with the St. Lawrence Seaway Authority of \nCanada. Abbr. SLSDC. \nsake and soke (sayk Jsohk). Hist. A lord's right to hold \ncourt and compel attendance. Also spelled sak and \nsoc (sak / sok). See soc. \nsalable (say-Ia-bal or sayl-<l-b<ll), adj. (l6c) Fit for sale \nin the usual course of trade at the usual selling price; \nMERCHANTABLE. [Cases: Sales (;::::>272.) -salability \n(say-Ia-bil-a-tee or sayl-<l-bil-<l-tee), n. \nsalable value. Seefair market value under VALUE (2). \nsalarium (s<l-lair-ee-am), n. [Latin \"salt money\") 1. \nRoman law. An allowance, esp. for living expenses, \ngiven to persons in noble professions (such as teachers \nor doctors) who were not allowed to sue for fees. 2. \nRoman law. Wages for persons engaged in military \nservice on an emergency basis. _ The regular soldier's \npay is a stipendium. 3. Hist. The rent or profits ofa hall \nor house. \nsalary. (l3c) An agreed compensation for services -esp. \nprofessional or semiprofessional services -usu. paid \nat regular intervals on a yearly basis, as distinguished \nfrom an hourly basis. _ Salaried positions are usu. \nexempt from the requirements ofthe Fair Labor Stan\ndards Act (on overtime and the like) but are subject to \nstate regulation. Cf. WAGE. [Cases: Labor and Employ\nment C:::> 168, 2264.] \naccrued salary. A salary that has been earned but not \nyet paid. \nsale, n. (bef. 12c) 1. The transfer of property or title for a \nprice. See UCC  2-106(1). [Cases: Sales (::;;:'1; Vendor \nand Purchaser (:::) 1.J 2. The agreement by which such a \ntransfer takes place. -The four elements are (1) parties \ncompetent to contract, (2) mutual assent, (3) a thing \ncapable ofbeing transferred, and (4) a price in money \npaid or promised. \nabsolute sale. A sale in which possession and title to \nthe property pass to the buyer immediately upon the \ncompletion ofthe bargain. Cf. conditional sale. [Cases: \nSales (;::::>454; Vendor and Purchaser \napproval sale. See sale on approval. \nauction sale. See AUCTION. \naverage gross sales. The amount of total sales divided \nby the number of sales transactions in a specific \nperiod. \nbona fide sale. A sale made by a seller in good faith, for \nvaluable consideration, and without notice of a defect \nin title or any other reason not to hold the sale. [Cases: \nVendor and Purchaser \nbootstrap sale. 1. A sale in which the purchase price \nis financed by earnings and profits of the thing sold; \nesp., a leveraged buyout. See BUYOUT. 2. A seller's tax\nsaving conversion of a business's ordinary income \ninto a capital gain from the sale of corporate stock. \nbulk sale. See BULK SALE. cash-against-documents sale. See documentary sale. \ncash sale. 1. A sale in which cash payment is concur\nrent with the receipt of the property sold. [Cases: Sales \nC::: 82(1).) 2. A securities transaction on the stock\nexchange floor requiring cash payment and same-day \ndelivery. \ncompulsory sale. The forced sale of real property in \naccordance with either an eminent-domain order or \nan order for a judicial sale arising from nonpayment \noftaxes. [Cases: Taxation (;::::>2963.] \nconditional sale. 1. A sale in which the buyer gains \nimmediate possession"}
{"text": ";::::>2963.] \nconditional sale. 1. A sale in which the buyer gains \nimmediate possession but the seller retains title until \nthe buyer performs a condition, esp. payment of the \nfull purchase price. See retail installment contract \nunder CONTRACT. [Cases; Sales 2. A sale \naccompanied by an agreement to resell upon speci\nfied terms. Cf. absolute sale. \nconsignment sale. A sale ofan owner's property (such \nas clothing or furniture) by a third party entrusted to \nmake the sale. UCC 9-102(a)(20). See CONSIGNMENT. \n[Cases: Factors 20; Sales (:::=:8.) \nconsumer-credit sale. A sale in which the seller extends \ncredit to the consumer. _ A consumer-credit sale \nincludes a lease in which the lessee's rental payments \nequal or exceed the retail value of the item rented. \n[Cases: Consumer Credit \ncredit sale. A sale of goods to a buyer who is allowed \nto pay for the goods at a later time. [Cases: Sales \n82(1).] \ndistress sale. 1. A form of liquidation in which the \nseller receives less for the goods than what would \nbe received under norma) sales conditions; esp., a \ngOing-out-of-business sale. 2. A foreclosure or tax \nsale. [Cases: Internal Revenue (:04860; Taxation \nC:::2846.2963.] \ndock sale. A sale in which a purchaser takes possession \nof the product at the seller's shipping dock, esp. for \ntransportation outside the state. \ndocumentary sale. A sale in which the buyer pays upon \nthe seller's tender of documents of title covering the \ngoods, plus a sight draft requiring the buyer to pay \n\"at sight.\" -This type of sale typically occurs before \ndelivery ofthe goods, which might be en route when \nthe buyer pays. Also termed cash-against-docu\nments sale. \nexclusive sale. A sale made by a broker under an exclu\nsive-agency listing. See exclusive-agency listing under \nLISTING. [Cases: Brokers \nexecution sale. A forced sale of a debtor's property by \na government official carrying out a writ of execu\ntion. -Also termed forced sale; judgment sale; sher\niff's sale. See EXECUTION. [Cases: Execution \n213.] \nexecutory sale. A sale agreed upon in principle but with \na few minor details remaining. \nfair sale. A foreclosure sale or other judicial sale con\nducted with fairness toward the rights and interests \n\n1455 \nof the affected parties. [Cases: Judicial Sales 15; \nMortgages ('>514, 515.] \nfire sale. 1. A sale of merchandise at reduced prices \nbecause offire or water damage. 2. Any sale at greatly \nreduced prices, esp. due to an emergency . Fire sales \nare often regulated to protect the public from decep\ntive sales practices. \nforced sale. 1. See execution sale. 2. A hurried sale by \na debtor because of financial hardship or a creditor's \naction. Cf. voluntary sale. \nforeclosure sale. The sale ofmortgaged property, autho\nrized by a court decree or a power-of-sale clause, to \nsatisfy the debt. See FORECLOSURE. [Cases: Mortgages \n(;:::>360,514.] \nfraudulent sale. A sale made to defraud the seller's \ncreditors by converting into cash property that should \nbe used to satisfy the creditors' claims. [Cases: Fraud\nulent Conveyances (;:::: L] \ngross sales. Total sales (esp. in retail) before deductions \nfor returns and allowances. -Also termed sales in \ngross. \ninstallment sale. See INSTALLMENT SALE. \nisolated sale. An infrequent or one-time sale that does \nnot carry an implied warranty of merchantability \nbecause the seller is not a merchant with respect to \ngoods ofthat kind. UCC  2-314(1). [Cases: Sales \n272.] \njudgment sale. See execution sale. \njudicial sale. A sale conducted under the authority ofa \njudgment or court order, such as an execution sale. \nAlso termed sheriff's sale. [Cases: Cases: Execution \n(;:::::213; Judicial Sales C=::: 1.] \nlumping sale. A court-ordered sale in which several \ndistinct pieces of property are sold together for a \nsingle sum. \nmemorandum sale. A conditional sale in which the \nbuyer takes possession but does not accept title until \napproving the property. [Cases: Sales (;:::::459.] \nnet sale. The amount of money remaining from a sale, \nafter deducting returns, allowances, rebates, dis\ncounts, and otber expenses. \npresent sale. Under the UCC, a sale accomplished by \nthe making of a contract. UCC  2-106(1). [Cases: \nSales C=::: 1(1).] \nprivate sale. An unadvertised sale negotiated and \nconcluded directly between the buyer and seller, not \nthrough an agent. \npublic sale. 1. A sale made after public notice, such as \nan auction or sheriff's sale; specif., a sale to which the \npublic has been invited by advertisement to appear \nand bid at auction for the items to be sold. 2. Patents. \nAn actual exchange for value or an offer through \nsome medium (e.g., a sales brochure) of an article, \nproduct, or process to a member ofthe general public. \n[Cases: Patents (~=>76.] \nretail installment sale. See INSTALLMENT SALE. sale \nsale against the box. See short sale against the box. \nsale and leaseback. See LEASEBACK. \nsale and return. See sale or return. \nsale as is. A sale in which the buyer accepts the property \nin its existing condition unless the seller has misrep\nresented its quality. Also termed sale with all faults. \n[Cases: Sales (;:::::260, 267.] \nsale by sample. A sale in which the parties understand \nthat the goods exhibited constitute the standard with \nwhich the goods not exhibited correspond and to \nwhich all deliveries should conform . Any sample \nthat is made part of the basis of the bargain creates \nan express warranty that the whole ofthe goods will \nconform to the sample or model. UCC  9-102(a) \n(20). Also termed sample sale. [Cases: Sales (;::::: \n73.1 \nsale in gross. 1. A sale ofa tract ofland made with no \nguarantee about the exact amount or size of the land \nbeing sold. [Cases: Vendor and Purchaser <\":::->65(2).] \n2. (pl.) See gross sales. \nsale-leaseback. See LEASEBACK. \nsale on approval. A sale in which completion hinges \non the buyer's satisfaction, regardless ofwhether the \ngoods conform to the contract.  Title and risk ofloss \nremain with the seller until the buyer approves. UCC \n 2-326(1)(a). -Also termed approval sale. [Cases: \nSales (;:::::168.5(.5).] \nsale on credit. A sale accompanied by delivery ofpos\nsession, but with payment deferred to a later date. \n[Cases: Sales C--=>82(l).] \nsale or return. A sale in which the buyer may return \nthe goods to the seller, regardless of whether they \nconform to the contract, if the goods were delivered \nprimarily for resale . This transaction is a type of \nconSignment in which the seller (usu. a distributor) \nsells goods to the buyer (often a retailer), who then \ntries to resell the goods, but a buyer who cannot resell \nis allowed to return them to the seller. Title and risk of \nloss are with the buyer until the goods are returned. \nUCC  2-326(1)(b). Also termed sale and return. Cf. \nSALES GUARANTEED. [Cases: Sales C=::: 168.5(.5).] \nsale per aversionem (p<'lr <'l-v<}r-zhee-oh-n<}m). Civil law. \nA conveyance of all immovable property that falls \nwithin the boundaries stated in a purchase agree\nment, as opposed to a specified amount of acreage. \n The sales price will not be modified because of a \nsurplus or shortage in the amount of property that \nis exchanged, because the boundary description is \nthe binding definition of the property conveyed. La. \nCiv. Code art. 2495. [Cases: Vendor and Purchaser \n(;:::::65(2).] \nsale positive. A sale with no reserve price. \nsales in gross. See gross sales. \nsale short. See short sale. \nsale with all faults. See sale as is. \n\nsale and exchange 1456 \nsale with right ofredemption. A sale in which the seller \nreserves the right to retake the goods by refunding \nthe purchase price. \nsample sale. See sale by sample. \nsheriffs sale. 1. See execution sale. 2. See judicial sale. \nshort sale. Securities. A sale ofa security that the seller \ndoes not own or has not contracted for at the time of \nsale, and that the seller must borrow to make delivery. \n Such a sale is usu. made when the seller expects \nthe security's price to drop. If the price does drop, \nthe seller can make a profit on the difference between \nthe price ofthe shares sold and the lower price ofthe \nshares bought to pay back the borrowed shares. \nAlso termed sale short. [Cases: Securities Regulation \n~45.17.J \nshort sale against the box. Securities. A short sale of \na security by a seller who owns enough shares ofthe \nsecurity to cover the sale but borrows shares anyway \nbecause the seller wants to keep ownership a secret or \nbecause the owned shares are not easily accessible . \nDelivery may be made with either the owned or the \nborrowed shares, so it is less risky than an ordinary \nshort sale. The phrase against the box refers to the \nowned shares that are in safekeeping; formerly, the \n\"box\" was a container used to store stock certifi\ncates. -Often shortened to sale against the box. \nsimilar sales. Eminent domain. Sales oflike property \nin the same locality and time frame, admissible in a \ncondemnation action to determine the market value \nof the particular property at issue. [Cases: Evidence \n<>142.] \nsimulated sale. A sale in which no price or other \nconsideration is paid or intended to be paid, and in \nwhich there is no intent to actually transfer owner\nship. Simulated sales are usu. done in an attempt to \nput property beyond the reach ofcreditors. -Also \ntermed simulated transaction. [Cases: Fraudulent \nConveyances \ntax sale. A sale ofproperty because ofnonpayment of \ntaxes. See tax deed under DEED. [Cases: Taxation \n2900.] \nvoluntary sale. A sale made freely with the seller's \nconsent. Cf. forced sale. \nwash sale. Securities. A sale ofsecurities made at about \nthe same time as a purchase of the same securities \n(such as within 30 days), resulting in no change in \nbeneficial ownership. - A loss from a wash sale is \nusu. not tax-deductible. And securities laws prohibit \na wash sale made to create the false appearance of \nmarket activity. -Also termed wash transaction. \n[Cases: Internal Revenue <>3216; Securities Regu\nlation \nsale and exchange. See SALE OR EXCHANGE. \nsale and leaseback. See LEASEBACK. \nsale and return. See sale or return under SALE. \nsale-leaseback. See LEASEBACK. sale note. See NOTE (1). \nsale-of-business doctrine. The outmoded rule holding \nthat the transfer of stock incident to the sale of a \nbusiness does not constitute a transfer ofsecurities. \nThis doctrine was rejected by the U.S. Supreme Court \nin Landreth Timber Co. v. Landreth, 471 U.S. 681, 105 \nS.Ct. 2297 (1985), and its companion case, Gould v. \nRuefenacht,471 U.S. 701, 105 S.ct. 2308 (1985). \nSecurities Regulation ~-::>5.25(2).1 \nsale ofland. A transfer of title to real estate from one \nperson to another by a contract ofsale. A transfer of \nreal estate is often referred to as a conveyance rather \nthan a sale. [Cases: Vendor and Purchaser <>1,3.] \nsale on approval. See SALE. \nsale on credit. See SALE. \nsale or exchange. (1905) 1. Tax. A voluntary transfer of \nproperty for value (as distinguished from a gift) result\ning in a gain orloss recognized for federal tax purposes. \n2. A transfer of property; esp., a situation in which \nproceeds ofa sale are to be vested in another estate of \nthe same character and use. Also termed (in both \nsenses) sale and exchange. [Cases: Internal Revenue \n3232; Taxation ~3469.] \nsale or return. See SALE. \nsale per aversionem. See SALE. \nsale positive. See SALE. \nsales agreement. (1920) A contract in which ownership \nof property is presently transferred, or will be trans\nferred in the future, from a seller to a buyer for a fixed \nsum. UCC  2-106(1). [Cases: Sales 1(1),3.1.] \nsales-assessment-ratio study. A method for calcu\nlating the assessment level for taxable property in a \njurisdiction, by comparing the assessed value and the \nactual sales price ofa statistically reliable sample ofthe \nproperty in the jurisdiction, to determine the percent\nage by which the assessed values are above or below the \nsales prices. [Cases: Taxation \nsales finance company. See FINANCE COMPANY. \nsales guaranteed. Hist. As used in a sale-of-goods \ncontract, the seller's promise to accept the purchaser's \nreturn of unsold or unsalable goods and to grant the \npurchaser a proportional credit or refund. Under the \nUCC, the modern equivalent is sale or return. Cf. sale \nor return under SALE. \nsale short. See short sale under SALE. \nsales in gross. See gross sales under SALE. \nsales invoice. See INVOICE. \nsales journal. A book used to record sales ofmerchan\ndise on account. \nsales load. See LOAD"}
{"text": "ICE. \nsales journal. A book used to record sales ofmerchan\ndise on account. \nsales load. See LOAD. \nsales mix. The relative combination ofindividual-prod\nuct sales to total sales. \nsales price. See PRICE. \nsales puffery. See PUFFING (1). \n\n1457 \nsales tax. See TAX. \nsale with all faults. See sale as is under SALE. \nsale with right ofredemption. See SALE. \nSalk law (sal-ik or say-lik). An influential early medieval \nFrankish code oflaw that originated with the Salian \nFranks and that deals with a variety of civil property \nand family issues but is primarily a penal code listing \nthe punishments for various crimes . Salk law is \nthe principal compilation of the early Germanic laws \nknown collectively as leges barbarorum (\"laws of the \nbarbarians\"). Salic law also deSignated a rule barring \nfemales from the line of succession to the throne, as a \nresult of which references to Salie law have sometimes \nreferred only to the code provision excluding women \nfrom inheriting certain lands (which probably existed \nonly because military duties were connected with the \ninheritance). In the late 19th century, Oliver Wendell \nHolmes revived scholarly interest in Salic law by refer\nring to it throughout The Common Law (1881). Also \ntermed Salique law; law Salique (sa-leek or sal-ik); lex \nSalica (leks sal-a-b). \nsalk marriage. See morganatic marriage under \nMARRIAGE (1). \nsalting, n. Labor law. A union tactic that involves a paid \nunion employee going to work for a targeted nonunion \nemployer with the intention of organizing the work\nforce. -The union agent (known as a salt) is considered \nan employee ofthe nonunion company and is protected \nby the National Labor Relations Act. \nsalus (sal-<ls), n. [Latin) Health; prosperity; safety. \nsalvagardia. See DE SALVA GARDIA. \nsalvage (sal-vij), n. 1. The rescue of imperiled property. \n2. The property saved or remaining after a fire or other \nloss, sometimes retained by an insurance company that \nhas compensated the owner for the loss. [Cases: Insur\nance (;:=2194,2717.] 3. Compensation allowed to a \nperson who, having no duty to do so, helps save a ship \nor its cargo. Also termed (in sense 3) salvage award; \nreward. [Cases: Salvage (;::::J 1.] salvage, vb. \n\"Salvage is a reward payable either by the shipowner or \nby the owners of goods carried in the ship to persons who \nsave the ship or cargo from shipwreck, capture or other \nloss. The right to salvage is an ancient rule of maritime law \nand is not based on contractual rights. The actual amount \npayable is, as a rule, assessed by the Court. Sometimes \nan express agreement, fixing an amount, is made before \nthe assistance is rendered, but this is not a question of \nsalvage in the strict sense, which always implies service \nby persons who are under no obligation to render it.\" 2 \nEW. Chance, Principles of Mercantile Law 98 (P.W. French \ned., 10th ed. 1951). \n\"With reference to aid rendered to distressed property on \nnavigable waters the word 'salvage' is often used indiffer \nently to describe the salvage operation and the salvage \noperation and the salvage award -the latter being the \ncompensation granted for the services rendered.\" Martin \nJ. Norris, The Law of Salvage  2, at 2 (1958). \n\"A salvage award, or reward, is the compensation allowed \nto the volunteer whose services on navigable waters have \naided distressed property in whole or in part. The award \nis not regarded merely as pay on the principle of quantum \nmeruit or as remuneration pro opera et labore, but as a salvor \nreward to persons participating and the owners of salving \nproperty, voluntarily rendering their services and to \nencourage others to similarly undertake the saving of life \nand property. That part of the award constituting more \nthan quantum meruit has, on occaSions, been referred to \nas a 'bounty,' 'gratuity,' and 'bonus.''' Martinj. Norris, The \nLaw ofSalvage  3, at 3-4 (1958). \nsalvage award. See SALVAGE (3). \nsalvage charges. Insurance. Costs necessarily incurred \nin salvage. \nsalvage loss. See LOSS. \nsalvager. See SALVOR. \nsalvage service. The aid or rescue given, either volun\ntarily or by contract, to a vessel in need of assistance \nbecause ofpresent or apprehended danger . Although \nsalvage may involve towing, it is distinguished from \ntowing service, which is rendered merely to expedite \na voyage, not to respond to dangerous circumstances. \n[Cases: SalvageC=>6.] \nsalvage value. See VALUE (2). \nsalvam fecit totius pignoris causam (sal-vam fee-sit \ntoh-shee-as pig-na-ris kaw-zam). [Law Latin] Scots \nlaw. He furnished the means of saving the whole \npledge. A bottomry creditor posting the last bond \nobtained preference over the remaining bottomry \ncreditors because the later loan preserved the property \nfor the earlier creditors. See bottomry bond under \nBOND (2). \nsalva substantia (sal-va sab-stan-shee-;'l). [Latin] Roman \n& civil law. The substance (of the property) being pre\nserved; the substance remaining intact. Also termed \nsalva rei substantia. \n\"A right of liferent, therefore, cannot be constituted in a \nsubject which necessarily perishes in the use: it must be a \nsubject which can be used salva substantia.\" John Trayner, \nTrayner's Latin Maxims 563 (4th ed. 1894). \nsalvo (sal-voh). [Latin fro salvus \"safe\"] Hist. 1. Saving; \nexcepting. This term was used in deeds. 2. Safely. \nsalvo beneficio competentiae (sal-voh ben-<l-fish-ee-oh \nkom-p<l-ten-shee-ee). [Latin] Hist. Saving the benefit \nof being held liable only to the extent that one's means \npermit. See BENEFICIUM COMPETENTIAE. \nsalvo conductu. See DE SALVO CONDUCTU. \nsalvojure (sal-voh joor-ee). [Latin \"the rule being safe\"] \nWithout prejudice to. \nsalvor (sal-v<lr), n. [Law Latin] A person who saves \na vessel and its cargo from danger or loss; a person \nentitled to salvage. -Also termed salvager. [Cases: \nSalvage (,':;) 18, 19.] \n\"A 'salvor' is a person who, without any particular relation \nto a ship in distress. proffers useful service, and gives it as \na volunteer adventurer, without any pre-existing covenant \nthat connected him with the duty of employing himself for \nthe preservation ofthe ship. To be a salvor, one must have \nthe intention and capacity to save the distressed property \ninvolved. but need not have an intent to acquire it.\" 68 Am. \nJur. 2d Salvage  2. at 270 (1993). \n\n1458 salvus p/egius \nsalvus plegius (sal-vds plee-jee-ds). [Law Latin] Hist. A \nsafe pledge; a satisfactory pledge. See PLEDGE. Also \ntermed certu5 plegius. \nSAM. See shared-appreciation mortgage under \nMORTGAGE. \nsame, pron. (14c) The very thing just mentioned or \ndescribed; it or them <two days after receiving the \ngoods, Mr. Siviglio returned same>. \nsame-actor inference. Employment law. The doctrine \nthat when an employee is hired and fired by the same \nperson, and the termination occurs a reasonably short \ntime after the hiring, the termination will be presumed \nnot to be based on a discriminatory reason. [Cases: \nCivil Rights C=>1534.] \nsame-conduct test. Criminal law. A test for determining \nwhether a later charge arising out of a Single incident \nis barred by the Double Jeopardy Clause; specif., an \nanalysis ofwhether the later charge requires the state \nto prove the same conduct that it was required to \nprove in a previous trial against the same defendant. \n The Supreme Court abandoned the Blockburger test \nand adopted the same-conduct test in 1990 (Grady v. \nCorbin, 495 U.S. 508, 110 S.Ct. 2084), but overruled \nthat decision and revived Blockburger three years later \n(U.S. v. Dixon, 509 U.S. 688, 113 S.Ct. 2849 (1993)). Cf. \nBLOCKBURGER TEST; SAME-TRANSACTION TEST. [Cases; \nDouble Jeopardy <:>132.1.] \nsame-elements test. 1. See BLOCKBURGER TEST. 2. See \nLEGAL-ELEMENTS TEST. \nsame-evidence test. See BLOCKBURGER TEST. \nsame invention. Patents. 1. A second invention claiming \nthe identical subject matter as a previous invention. \n[Cases: Patents <:> 120.] 2. Within a reissue statute, \nthe invention described in the original patent. [Cases: \nPatents C=> 141.] \nsame-invention double patenting. See statutory double \npatenting under DOUBLE PATENTING. \nsame-invention double patenting rejection. See statu\ntory double patenting rejection under REJECTIO~. \nsame offense. See OFFENSE (1). \nsame-sex harassment. See same-sex sexual harassment \nunder SEXUAL HARASSMENT. \nsame-sex marriage. See MARRIAGE (1). \nsame-sex sexual harassment. See SEXUAL HARASS\nMENT. \nsame-transaction test. Criminal law. A double-jeop\nardy test, never adopted, that would require the gov\nernment to bring all charges arising out of a single \nincident against a defendant in one prosecution . \nJustice Brennan advocated the same-transaction test \nin a case involving a conviction for felony-murder and \na later prosecution for the underlying felony. Harris v. \nOkla.) 433 U.S. 682, 97 S.Ct. 2912 (1977). Cf. BLOCK\nBURGER TEST; SAME-CONDUCT TEST. [Cases; Double \nJeopardy C=> 134.] \nsample sale. See sale by sample under SALE. sampling, n. Copyright. The process of taking a small \nportion of a sound recording and digitally manipu\nlating it as part of a new recording . Sampling may \ninfringe the copyright ofthe sample's source, esp. the \nmusical-works and sound-recording copyrights. \nAlso termed digital sampling. [Cases: Copyrights and \nIntellectual Property <:>67.2.] \nS&T. abbr. SCIENCE AND TECH~OLOGY DIRECTORATE. \nsanae mentis (san-ee men-tis). [Law Latin] Hist. Of \nsound mind; ofsane mind. \nsandre (san-sl-ree), vb. [Latin] Roman law. To enact; \nconfirm; prescribe. \nsanctio (sangk-shee-oh), n. [Latin fro sancio \"to ordain, \nconfirm, or forbid under penalty\"] Roman law. A par\nticular clause in a statute imposing a penalty on any \nviolation of that statute. PI. sanctiones (sangk-shee\noh-neez). \n\"5anctio (legis). A clause in a statute which strengthens its \nefficacity by fixing a penalty for its violation, by forbidding \nits derogation through a later enactment, or by releasing \nfrom responsibility anyone who by acting in accordance \nwith the statute violated another law. The purpose of the \nsanction clause was to settle the relation between the new \nstatute and former and future legislation. Thus the sanctio \ncould also state that a previous statute remained fully or \npartially in force without being changed by the new one.\" \nAdolf Berger, Encyclopedic Dictionary of Roman Law 689 \n(1953). \nsanction (sangk-shdn), n. (ISc) 1. Official approval \nor authorization <the committee gave sanction to \nthe proposal>. Cf. RATIFICATION (1). 2. A penalty or \ncoercive measure that results from failure to comply \nwith a law, rule, or order <a sanction for discovery \nabuse>. Cf. DISCIPLINE.[Cases: Costs C=>2; Criminal \nLaw ~627.8(6); Federal Civil Procedure <:>1278, \n2750; Pretrial Procedure \n\"Without adequate sanctions the procedure for discovery \nwould often be ineffectual. Under Rule 37 [of the Federal \nRules of Civil Procedure], ... any party or person who seeks \nto evade or thwart full and candid discovery incurs the risk \nof serious consequences, which may involve imprisonment \nfor contempt of court, an order that designated facts be \ntaken to be established, an order refusing the delinquent \nparty the right to support or oppose designated claims \nor defenses, striking out pleadings or parts of pleadings, \nrendering judgment by default, dismissal of the action or \na claim therein, or assessment of expenses and attorney's \nfees. Sanctions are intended to prompt a party to respond.\" \n8A Charles Alan Wright et aI., Federal Practice and Proce \ndure  2281, at 595-95 (2d ed. 1994). \ncriminal sanction. (1872) A sanction attached to a \ncriminal conviction, such as a fine or restitution. \nAlso termed penal sanction. \n\"A criminal sanction ... is a legally authorized post-con' \nviction deprivation suffered by a human being through \ngovernmental action. By using the words 'postconviction' \nin that definition, criminal sanctions are thus limited to \nthose imposed upon defendants in criminal proceedings \nwho, by reason or in consequence of ajudgment entered \nupon a verdict of gUilty found by ajury, or judge sitting \nwithout ajury (the latter having been legally waived), or \nupon a plea of guilty, or a plea of nolo contendere, stand \nconVicted.\" A Treatise on the Law of Crimes  2.00. at 66 \n(Marian QUinn Barnes ed., 7th ed. 1"}
{"text": "of Crimes  2.00. at 66 \n(Marian QUinn Barnes ed., 7th ed. 1967). \n\n1459 \ndeath-penalty sanction. (1991) Civil procedure. A ! \ncourt's order dismissing the suit or entering a default \njudgment in favor of the plaintiffbecause of extreme \ndiscovery abuses by a party or because of a party's \naction or inaction that shows an unwillingness to \nparticipate in the case. Such a sanction is rarely \nordered, and is usu. preceded by orders oflesser sanc\ntions that have not been complied with or that have \nnot remedied the problem. -Often shortened to \ndeath penalty. [Cases: Federal Civil Procedure \n1278; Pretrial Procedure C=>46.] \nshame sanction. (1991) A criminal sanction designed \nto stigmatize or disgrace a convicted offender, and \noften to alert the public about the offender's convic\ntion. A shame sanction usu. publicly associates the \noffender with the crime that he or she committed. An \nexample is being required to post a sign in one's yard \nstating, \"Convicted Child Molester Lives Here.\" \nAlso termed shame sentence; shaming sanction; \nshaming sentence; scarlet-letter punishment; scarlet\nletter sentence. \n3. Int'llaw. An economic or military coercive measure \ntaken by one or more countries toward another to force \nit to comply with international law <U.N. sanctions \nagainst a renegade nation>. \nsanction, vb. (18c) 1. To approve, authorize, or support \n<the court will sanction the trust disposition if it is \nnot against public policy>. 2. To penalize by imposing \na sanction <the court sanctioned the attorney for vio\nlating the gag order>. \nsanctionable, adj. (18c) (Of conduct or action) meriting \nsanctions; likely to be sanctioned. [Cases: Federal Civil \nProcedure C='1278,2750-2848.] \nsanctional enforcement. See secondary right under \nRIGHT. \nsanctioning right. See secondary right under RIGHT. \nsanctions tort. A means ofrecovery for another party's \ndiscovery abuse, whereby the judge orders the abusive \nparty to pay a fine to the injured party for the discovery \nviolation. This is not a tort in the traditional sense, but \nrather a form ofpunishment that results in monetary \ngain for the injured party. \nsanctity ofcontract. (1831) The principle that the parties \nto a contract, having duly entered into it, must honor \ntheir obligations under it. [Cases: Contracts \n\"[Sanctity of contract] is merely another facet of freedom \nof contract, but the two concepts cover, to some extent, \ndifferent grounds. The sanctity of contractual obliga\ntions is merely an expression of the principle that once \na contract is freely and voluntarily entered into, it should \nbe held sacred, and should be enforced by the Courts if \nit is broken. No doubt this very sanctity was an outcome \nof freedom of contract, for the reason why contracts were \nheld sacred was the fact that the parties entered into them \nof their own choice and volition, and settled the terms by \nmutual agreement.\" P.S. Atiyah, An Introduction to the Law \nofContract12 (3d ed. 1981). \nsanctuary. (14c) 1. A safe place, esp. where legal process \ncannot be executed; asylum. sanity hearing \n\"Every consecrated church was a sanctuary. If a malefactor \ntook refuge therein, he could not be extracted; but it was \nthe duty of the four neighbouring vilis to beset the holy \nplace, prevent his escape and send for a coroner. ... [Alfter \nhe had enjoyed the right of asylum for forty days, he was \nto be starved into submission; but the clergy resented this \ninterference with the peace of Holy Church.\" 2 Frederick \nPollock & Frederic William Maitland. History ofEnglish Law \nBefore the Time ofEdward 1590-91 (2d ed. 1899). \n\"In medieval England. as elsewhere in Europe, there were \na number of ecclesiastical places where the king's writ \ndid not run. The underlying theory was that consecrated \nplaces should not be profaned by the use of force, but the \nresult in practice was that thieves and murderers could \ntake refuge and thereby gain immunity even against the \noperation of criminal justice. This was the privilege called \n'sanctuary.' In the case of parochial churches, the sanctu\nary lasted for forty days only. Before the expiration of this \nperiod, the fugitive had to choose whether to stand trial \nor 'abjure' the realm .... This was only permitted if he \nmade a written confession to the coroner, which resulted \nin the forfeiture of his property as on conviction; his life \nonly was spared ....\"J.H. Baker, An Introduction to English \nLegal History 585 (3d ed. 1990). \n2. A holy area of a religious building; esp., the area in \na church or temple where the main altar or tabernacle \nis located. \nsandbagging, n. 1. A trial lawyer's remaining cagily \nsilent when a possible error occurs at trial, with the \nhope ofpreserving an issue for appeal ifthe court does \nnot correct the problem . Such a tactic does not usu. \npreserve the issue for appeal because objections must \nbe promptly made to alert the trial judge ofthe possible \nerror. [Cases: Criminal Law (;::::::> 1030(1); Federal Courts \nC=>611.] 2. Corporations. An antitakeover tactic \nwherein the target company delays a hostile bidder's \nfinal offer by agreeing to negotiate then prolonging bad\nfaith negotiations as long as pOSSible. sandbag, vb. \nS & L. abbr. SAVINGS-AND-LOAN ASSOCIATION. \nsandpapering, n. A lawyer's general preparation of a \nwitness before a deposition or triaL Cf. HORSESHED\nDING. \nsandwich lease. See LEASE. \nsane, adj. (17c) Having a relatively sound and healthy \nmind; capable of reason and of distinguishing right \nfrom wrong. [Cases: Criminal Law (''--:>46; Mental \nHealth C=>3.L] \nsane memory. See CAPACITY (3). \nsanguis (sang-gwis), n. [Latin \"blood\"]l. Roman law. \nBlood relationship. 2. Hist. Consanguinity. 3. Hist. \nThe right ofa chieflord to judge cases involving blood\nshed. \nsanitary code. A set of ordinances regulating the food \nand healthcare industries. [Cases: Food C='1; Health \n(,'J354.J \nsanity. (15c) The state or condition of having a relatively \nsound and healthy mind. Cf. INSANITY. [Cases: Mental \nHealth C=>3.1,432.] \nsanity hearing. (1925) 1. An inquiry into the mental \ncompetency of a person to stand trial. See COMPE\nTENCY. Cases: Criminal Law C=>623.] 2. A proceeding \n\n1460 sans ce que \nto determine whether a person should be institutional\nized. [Cases: Mental Health \nsans ce que (sanz see k;) or sawn s;} k;). [Law French] See \nABSQUE HOC. \nsansfrais (sawn fray). [Law French] Without expense. \nsans impeachment de wast (sanz im-peech-m;}nt d<l \nwayst). [Law French] Hist. Without impeachment of \nwaste. \nsans jour (sawn zhoor or sanz joor). [Law French] Hist. \nWithout day; SINE DIE. See ALLER SANS JOUR. \nsans recours (sawn r<'l-koor or sanz ri-kuur). See \nWITHOUT RECOURSE. \nsap, n. A club, a blackjack, a hose containing rocks in \nthe middle, or any other object generally used as a \nbludgeon. \nsapiens naturam delicti (say-pee-enz n;)-t[y]oor-;:,m di\nlik-tI). [Law Latin] Hist. Partaking of the character of \na delict. \nSAPJ. See senior administrative patent judge under \nJUDGE. \nSAR. abbr. 1. STOCK-APPRECIATION RIGHT. 2. SUSPI\nCIOUS-ACTIVITY REPORT. \nsasine. See SEISIN. \nsatellite litigation. (1983) 1. One or more lawsuits related \nto a major piece oflitigation that is being conducted \nin another court <the satellite litigation in state court \nprevented the federal judge from ruling on the issue>. \n2. Peripheral skirmishes involved in the prosecution of \na lawsuit <the plaintiffs called the sanctions \"satellite \nlitigation,\" drummed up by the defendants to deflect \nattention from the main issues in the case>. \nsatellite state. See client state under STATE. \nsatisdare (sat-is-dair-ee), vb. [Latin fro satis \"sufficient\" + \ndare \"to give\"] Roman law. To give security in the form \nofsatisdatio. See SATISDATIO. \nsatisdatio (sat-is-day-shee-oh), n. [Latin fro satisdarel \nRoman law. Security given by a person, such as a debtor, \nthrough a surety. PI. satisdationes (sat-is-day-shee-oh\nneez). \nsatisfaction, n. (l4c) 1. The giving of something with \nthe intention, express or implied, that it is to extin\nguish some existing legal or moral obligation. _ Satis\nfaction differs from performance because it is always \nsomething given as a substitute for or equivalent of \nsomething else, while performance is the identical \nthing promised to be done. Also termed satisfac\ntion ofdebt. [Cases: Accord and Satisfaction (;::::> 1.] 2. \nThe fulfillment ofan obligation; esp., the payment in \nfull of a debt. \n\"Satisfaction closely resembles performance. Both depend \nupon presumed intention to carry out an obligation, but \nin satisfaction the thing done is something different from \nthe thing agreed to be done, whereas in performance the \nidentical act which the party contracted to do is considered \nto have been done. The cases on satisfaction are usually \ngrouped under four heads, namely, OJ satisfaction of debts \nby legacies; (ii) satisfaction of legacies by legacies; (iii) satisfaction (or ademption) of legacies by portions; and (iv) \nsatisfaction of portion-debts by legacies, or by portions. \nStrictly, however, only the first and last of these heads are \nreally cases of satisfaction; for satisfaction presupposes an \nobligation, which, of course, does not exist in the case of \na legacy in the will of a living person.\" R.E. Megarry, Snell's \nPrinciples ofEquity 226-27 (23d ed. 1947). \n3. SATISFACTION PIECE. 4. Wills & estates. The payment \nby a testator, during the testator's lifetime, of a legacy \nprovided for in a will; ADVANCEMENT. Cf. ADEMPTION. \n[Cases: Wills (;::::>772.] 5. Wills & estates. A testamen\ntary gift intended to satisfy a debt owed by the testator \nto a creditor. See ACCORD AND SATISFACTION. -satisfy, \nvb. \nsatisfaction contract. See CONTRACT. \nsatisfaction ofdebt. See SATISFACTION (1). \nsatisfaction ofjudgment. (17c) 1. The complete discharge \nofobligations under a judgment. [Cases: Federal Civil \nProcedure (;::::>2398; Judgment (;::::>874-899.] 2. The \ndocument filed and entered on the record indicating \nthat a judgment has been paid. [Cases: Federal Civil \nProcedure (;::::>2398; Judgment (;::::>897.] \n\"Generally, a satisfaction of ajudgment is the final act and \nend of a proceeding. Satisfaction implies or manifests \nan expression of finality as to all questions of liability \nand damages involved in the litigation. Once satisfac\ntion occurs, further alteration or amendment of a final \njudgment generally is barred. Satisfaction of ajudgment, \nwhen entered of record by the act of the parties, is prima \nfacie evidence that the creditor has received payment of \nthe amount of the judgment or its equivalent, and operates \nas an extinguishment of the judgment debt,\" 47 Am. Jur. \n2d judgments  1006, at 443 (1995). \nsatisfaction oflien. (1833) 1. The fulfillment of all obli\ngations made the subject of a lien. 2. The document \nSigned by the lienholder releasing the property subject \nto a lien. \nsatisfaction ofmortgage. (18c) 1. 1he complete payment \nofa mortgage. 2. A discharge Signed by the mortgagee \nor mortgage holder indicating that the property subject \nto the mortgage is released or that the mortgage debt \nhas been paid and the mortgage conditions have been \nfully satisfied. [Cases: Mortgages (;::::>309-315.] \nsatisfaction piece. (1831) A written statement that one \nparty (esp. a debtor) has discharged its obligation to \nanother party, who accepts the discharge. -Also \ntermed certificate of discharge; satisfaction. [Cases: \nMortgages (;::::> 309.] \nsatisfactory evidence. See EVIDENCE. \nsatisfactory proof. See satisfactory evidence under \nEVIDENCE. \nsatisfied term. See TERM (4). \nSaturday-night special. (1959) 1. A handgun that is \neasily obtained and concealed. [Cases: Weapons \n4,8.] 2. Corporations. A surprise tender offer typically \nheld open for a limited offering period (such as one \nweek) to maximize pressure on a shareholder to accept. \n-These tender offers are now effectively prohibited by \nsection 14(e) of the Williams Act. 15 USCA  78n(e). \n\n1461 scale \nsaunkefin (sawn-k~-fan). [fro Law French sang quifinl \nHist. End of blood; the failure ofa line ofsuccession. \nSAUSA. abbr. Special assistant to the united states \nattorney. See UNITED STATES ATTORNEY. \nsauvagine"}
{"text": ". Special assistant to the united states \nattorney. See UNITED STATES ATTORNEY. \nsauvagine (soh-va-zheen). [Law French] Hist. 1. Wild \nanimal. 2. Wild nature ofan animal. \nsave, vb. 1. To preserve from danger or loss <save a ship in \ndistress>. 2. To lay up; to hoard <save money>. 3. To toll \nor suspend (the operation, running, etc.) ofsomething \n<save a statute of limitations>. 4. To except, reserve, \nor exempt (a right, etc.) <to save vested rights>. 5. To \nlessen or avoid (a cost, resource, etc.) <save labor>. \nsave harmless. See HOLD HARMLESS. \nsave-harmless agreement. See HOLD-HARMLESS AGREE\nMENT. \nsave-harmless clause. See INDEMNITY CLAUSE. \nsaver default (say-v;)r di-fawlt). [Law French] Hist. To \nexcuse a default. Also spelled saver de fault; saver \ndefaut. \n\"Saver default is the same as to excuse a default. And this is \nproperly when a man having made default in court, comes \nafterwards, and alleges a good cause why he did it, as \nimprisonment at the same time, or the like.\" Termes de la \nLey 352 (1 st Am. ed. 1812). \nsaving, n. An exception; a reservation. \nsaving clause. (17c) 1. A statutory provision exempt\ning from coverage something that would otherwise \nbe included. _ A saving clause is generally used in a \nrepealing act to preserve rights and claims that would \notherwise be lost. [Cases: Statutes (;::0228, 278.23.] \n2. SAVING-TO-SUITORS CLAUSE. 3. SEVERABILITY \nCLAUSE. Also termed savings clause. \nsavings account. A saVings-bank depositor's account \nusu. bearing interest or containing conditions (such as \nadvance notice) to the right of withdrawaL \nsavings-account trust. See Totten trust under TRUST. \nsavings-and-Ioan association. (1884) A financial insti\ntution -often organized and chartered like a bank \nthat primarily makes home-mortgage loans but also \nusu. maintains checking accounts and provides other \nbanking services. Often shortened to S & L. -Also \ntermed savings-and-loan bank; loan association; thrift \ninstitution; thrift, Cf. BUILDING-AND-LOAN ASSOCIA\nTION. [Cases: Building and Loan Associations \n24-40.J \n'The thrift institutions, mutual savings banks, savings \nand loan associations, and credit unions, originally were \ncreated to meet needs for saving, credit and loans of people \nwhose resources and income were modest. Commercial \nbanks, merchants, money lenders, and pawn shops often \ndid not serve this demand for loans or savings as well, or \nwith interest rates as favorable to poor individuals. and \nfamilies. During the last two centuries, thrift institutions \nwere gradually developed, therefore, by social reformers, \nphilanthropic benefactors, religious and fraternal organiza\ntions, trade unions, employers, and thrift entrepreneurs (in \nmost countries of the world) as a collateral type of banking \nor financial intermediation.\" William A. Lovett, Banking and \nFinancial Institutions Law in a Nutshell 236 (1997). \nsavings bank. See BANK. savings-bank trust. See Totten trust under TRUST. \nsavings bond. See BOND (3). \nsavings clause. See SAVING CLAUSE. \nsavings note. See NOTE (1). \nsaving-to-suitors clause. Maritime law. In the federal \nstatutory provision granting admiralty and maritime \njurisdiction to the federal courts, a clause that pre\nserves the option to file suit in a nonadmiralty court. 28 \nUSCA  1333(1). -The nonadmiralty court is typically \neither a state court or a law-side federal court. Under \nthe reverse-Erie doctrine. the nonadmiralty court is \nrequired to apply the same law that the admiralty court \nwould have used. Also termed saving clause. [Cases: \nAdmiralty (;::02.] \nsavor, vb. (16c) To partake of the character of or bear \naffinity to (something) . In traditional legal idiom, \nan interest arising from land is said to \"savor of the \nrealty.\" Also spelled savour. \nS.B. See senate bill under BILL (3). \nSBA. abbr. SMALL BUSINESS ADMINISTRATION. \nSBIC. abbr. SMALL- BUSINESS INVESTMENT COMPANY. \nsc. abbr. SCILICET. \nS.c. abbr. 1. SUPREME COURT. 2. Same case. _ In former \npractice, when put between two citations, the abbrevia\ntion indicated that the same case was reported in both \nplaces. 3. SENATUS CONSULTUM. \nscab. (ISc) A person who works under conditions \ncontrary to a union contract; esp., a worker who crosses \na union picket line to replace a union worker during a \nstrike. Also termed strikebreaker.; (in BrE) black\nleg labor. \nscabini (sk;)-bI-nr). [Law Latin] Hist. Judges or the judge's \nassessors in the court held by the count; magistrates. \n-The term was found in a charter from the wardens \nof Lynn in Norfolk, during the reign of Henry VIII. \nBut even earlier than that, the title was used in Charle\nmagne's empire (the French equivalent being edevins) \nand later Germanized as SchOffen. \nscalam (skay-Idm), n. [Latin] Hist. Scale. -Ad sealam \nwas the method of paying money to the Exchequer, \nin which sixpence was added to each twenty shillings \nto compensate for a deficiency in weight, although no \nscales were actually used. \nscale, n. 1. A progression ofdegrees; esp., a range of wage \nrates. 2. A wage according to a range of rates. 3. An \ninstrument for weighing. 4. Hist. In the practice ofthe \nEnglish Supreme Court of Judicature, the fee charged \nby a solicitor for a particular type of case. _ Unless \nthe court ordered otherwise, the lower scale applied \nto all causes and matters aSSigned by the Judicature \nActs to the King's Bench. or the Probate, Divorce, and \nAdmiralty divisions; to all actions for debt, contract, \nor tort; and to almost all causes and matters assigned \nby the acts to the Chancery division and in which the \namount in controversy was less than 1,000. The higher \nscale applied in all other cases, and in actions falling \n\n1462 scale order \nunder one of the lower-scale classes if the principal \nrelief sought was injunctive. \nscale order. See ORDER (8). \nscale tolerance. The nominal variation of the mass or \nweight of the same goods on different scales. \nscaling law. (1882) Rist. A statute establishing a process \nfor adjusting value differences between depreci\nated paper money and specie. Statutes of this type \nwere necessary when paper depreciated after both the \nAmerican Revolution and the Civil War. \nscalper. L A seller who buys something (esp. a ticket) \nat face value (or less) and then tries to resell it for a \nhigher price. Also termed ticket speculator. [Cases: \nPublic Amusement and Entertainment (::::>70.] 2. An \ninvestment adviser who buys a security before recom\nmending it to clients. 3. A market-maker who puts an \nexcessive markup or markdown on a transaction. \nscalping, n. 1. The practice of selling something (esp. a \nticket) at a price above face value once it becomes scarce \n(usu. just before a high-demand event begins). [Cases: \nPublic Amusement and Entertainment (::::>70.J 2. The \npurchase ofa security by an investment adviser before \nthe adviser recommends that a customer buy the same \nsecurity. This practice is usu. considered unethical \nbecause the customer's purchase will increase the secu\nrity's price, thus enabling the investment adviser to sell \nat a profit. 3. The excessive markup or markdown on a \ntransaction by a market -maker.  This action violates \nNational Association of Securities Dealers guide\nlines. -scalp, vb. \nscandal. 1. Disgraceful, shameful, or degrading acts \nor conduct. 2. Defamatory reports or rumors; esp., \nslander. See SCANDALOUS MATTER. \n\"Scandal consists in the allegation of anything which \nis unbecoming the dignity of the court to hear, or is \ncontrary to decency or good manners, or which charges \nsome person with a crime not necessary to be shown in \nthe cause, to which may be added that any unnecessary \nallegation, bearing cruelly upon the moral character of an \nindividual, is also scandalous. The matter alleged, however, \nmust be not only offensive, but also irrelevantto the cause, \nfor however offenSive it be, if it be pertinent and material \nto the cause the party has a right to plead it. It may often be \nnecessary to charge false representations, fraud and immo\nrality, and the pleading will not be open to the objection of \nscandal, if the facts justify the charge.\" Eugene A. Jones, \nManual ofEquitV Pleading and Practice SO-51 (1916). \nscandalous matter. (17c) Civil procedure. A matter that is \nboth grossly disgraceful (or defamatory) and irrelevant \nto the action or defense . A federal court upon a \nparty's motion or on its own -can order a scandalous \nmatter struck from a pleading. Fed. R. Civ. P. 12(f). Cf. \nIMPERTINENT MATTER. [Cases: Federal Civil Procedure \nPleading (::::>364(4).] \nscandalous subject matter. Trademarks. A word, phrase, \nsymbol, or graphic depiction that the U.S. Patent and \nTrademark Office may refuse to register because it \nis shockingly offensive to social mores . Although \nthe Lanham Act uses the phrase \"immoral, decep\ntive, or scandalous subject matter,\" courts have not distinguished \"scandalous\" from \"immoral.\" [Cases: \nTrademarks (::::>1072.] \nscandalum magnatum (skan-dd-ldm mag-nay-tdm). \n[Law Latin1Rist. Actionable slander ofpowerful people; \nspecif., defamatory comments regarding persons of \nhigh rank, such as peers, judges, or state officials. \n\"Words spoken in derogation of a peer, a judge, or other \ngreat officer of the realm, which are called scandalum \nmagnatum, are held to be still more heinous; and, though \nthey be such as would not be actionable in the case of \na common person, yet when spoken in disgrace of such \nhigh and respectable characters, they amount to an atro\ncious injury: which is redressed by an action on the case \nfounded on many ancient statutes; as well on behalf of the \ncrown, to inflict the punishment of imprisonment on the \nslanderer, as on behalf of the party, to recover damages for \nthe injury sustained.\" 3 William Blackstone, Commentaries \non the Laws of Eng/and 123-24 (1768). \nscarlet-letter punishment. See shame sanction under \nSANCTION. \nscarlet-letter sentence. See shame sanction under \nSANCTION. \nscatter-point analysis. (1993) A method for studying the \neffect that minority-population changes have on voting \npatterns, involving a plotting ofthe percentage of votes \nthat candidates receive to determine whether voting \npercentages increase or decrease as the percentages of \nvoters of a particular race increase or decrease. \nscenes afaire (sen ah fair). [French uscenes for action\"] \nCopyright. Standard or general themes that are common \nto a wide variety of works and are therefore not copy\nrightable. Examples of scenes afaire are obvious plot \nelements and character types. [Cases: Copyrights and \nIntellectual Property (::::> 12(2).] \nschedule, n. (15c) A written list or inventory; esp., \na statement that is attached to a document and that \ngives a detailed showing of the matters referred to in \nthe document <Schedule B to the title policy lists the \nencumbrances on the property>. schedule, vb. \nscheduled, adj. \nscheduled injury. See INJURY. \nscheduled property. See PROPERTY. \nscheme. (16c) 1. A systemic plan; a connected or orderly \narrangement, esp. of related concepts <legislative \nscheme>. 2. An artful plot or plan, usu. to deceive \nothers <a scheme to defraud creditors>. \nscheme ofarrangement. English law. A court-approved \nreorganization of a company's capital structure or \ndebts. The company seeking to reorganize is usu. in \nfinancial trouble but may not yet be insolvent. \ncreditors' scheme ofarrangement. A reorganization \nplan in which creditors agree to defer demands for \npayment, in hopes ofeventually receiving more than \nthey would if the company were immediately liqui\ndated. \nmembers'scheme ofarrangement. A reorganization \nplan voted on and approved by the company's share\nholders. This type of scheme may be used to prepare \n\n1463 \nfor a merger. Also termed shareholders' scheme of \narrangement. \nshareholders' scheme ofarrangement. See members' \nscheme ofarrangement. \nschism (siz-Jm or skiz-Jm). (l4c) 1. A breach or rupture; a \ndivision, esp. among members ofa group, as ofa union. \n2. A separation ofbeliefs and doctrines by persons of \nthe same organized religion, religious denomination, \nor sect [Cases: Religious Societies 35.] \n\"It has been held that the civil courts are not concerned \nwith mere schisms stemming from disputations over \nmatters of religious doctrine, not only because such ques\ntions are essentially ecclesiastical rather than judicial, but \nalso because of the separation between the church and the \nstate .... However, it has also been held that the situa\ntion is different in the case of self-governing congressional \nchurches, for here the courts do not hesitate to assume \njurisdiction when a schism affects property rights, for in \nthis form ... each local congregation is independent and \nautonomous and there is no recourse within the denomi\nnation.\" 66 Am. Jur. 2d Religious"}
{"text": "and \nautonomous and there is no recourse within the denomi\nnation.\" 66 Am. Jur. 2d Religious Societies  51, at 804 \n(1973). \nschool, n. 1. An institution oflearning and education, \nesp. for children. [Cases: Schools (::::J 11.] \n\"Although the word 'school' in its broad sense includes i \nall schools or institutions, whether of high or low degree, \nthe word 'school' frequently has been defined in constitu\ntions and statutes as referring only to the public common \nschools generally established throughout the United \nStates .. When used in a statute or other contract, \n'school' usually does not include univerSities, business \ncolleges, or other institutions of higher education unless \nthe intent to include such institutions is clearly indicated.\" \n68 Am. Jur. 2d Schools  1, at 355 (1993). \ncommon school. See public school. \ndistrict school. A public school contained in and main\ntained by a school district. See SCHOOL DISTRICT. \nprivate school. A school maintained by private indi\nviduals, religiOUS organizations, or corporations, \nfunded, at least in part, by fees or tuition, and open \nonly to pupils selected and admitted based on reli\ngious affiliations or other particular qualifications. \n[Cases: Schools 1.] \npublic school. An elementary, middle, or high school \nestablished under state law, regulated by the local \nstate authorities in the various political subdivisions, \nfunded and maintained by public taxation, and open \nand free to all children ofthe particular district where \nthe school is located. -Also termed common school. \n[Cases: Schools C=> 11.] \n2. The collective body ofstudents under instruction in \nan institution oflearning_ 3. A group ofpeople adhering \n, \n, to the same philosophy or system ofbeliefs. \nschool board. An administrative body, made up of a \nnumber of directors or trustees, responSible for over\nseeing public schools within a city, county, or district. \nCf. BOARD OF EDUCATION. [Cases: Schools (::::J51.] \nschool bond. See BOND (3). \nschool district. A political subdivision ofa state, created \nby the legislature and invested with local powers ofself\ngovernment, to build, maintain, fund, and support the scientific method \npublic schools within its territory and to otherwise \nassist the state in administering its educational respon\nsibilities. [Cases: Schools G=2L] \nconsolidated school district. A public-school district in \nwhich two or more existing schools have consolidated \ninto a Single district. [Cases: Schools \nschool land. See LAND. \nSchumer box. In a credit-card agreement, a table that \nsummarizes all the costs for which the cardholder is \nliable, so that the cardholder can more easily compare \ncredit-card agreements. _ The term derives from the \nname of Senator Charles Schumer, who proposed the \ndisclosure requirements. The box must contain the \ninformation listed in 15 t.JSCA  1637(c)(1)(A)-(B). \nAlso termed Schumer's box. [Cases: Consumer Credit \nScieuce and Technology Directorate. The division of \nthe Department of Homeland Security responsible for \ncoordinating research and development, including pre\nparing for and responding to terrorist threats involv\ning weapons ofmass destruction. -The Directorate \nalso works with the Chemical, Biological, Radiological, \nand Nuclear Countermeasures Program and the Envi\nronmental Measurements Lab in the Department of \nEnergy, the National BW (biological warfare) Defense \nAnalysis Center in the Department ofDefense, and the \nPlum Island Animal Disease Center Abbr. S&T. \nscience oflegislation. See LAW REFORM. \nsciendum est (sI-en-d;:lm est). [Latin] Roman law. It is \nto be known or understood. - This phrase often intro\nduced a particular topic or explanation. \nsciens et prudens (sI-enz et proo-denz). [Latin] Hist. In \nfull knowledge and understanding. \nscienter (sI-en-tJr or see-), n. [Latin \"knowingly\"] (1824) \n1. A degree of knowledge that makes a person legally \nresponsible for the consequences of his or her act or \nomission; the fact ofan act's having been done know\ningly, esp. as a ground for civil damages or criminal \npunishment. See KNOWLEDGE; MENS REA. [Cases: \nCriminal Law C=>20; Negligence (::::J212, 302.] 2. A \nmental state consisting in an intent to deceive, manipu\nlate, or defraud. -In this sense, the term is used most \noften in the context of securities fraud. The Supreme \nCourt has held that to establish a claim for damages \nunder Rule lOb-5. a plaintiff must prove that the defen\ndant acted with scienter. Ernst & Ernst v. Hochfelder, \n425 U.S. 185,96 S.Ct. 1375 (1976). [Cases: Securities \nRegulation G:::c60,45, 60.51(2).] \nscienter action. A lawsuit in which the plaintiff must \nprove that the defendant acted knOWingly or knew of \nthe danger -e.g., at common law an action for damage \ncaused by a domestic animaL See SCIENTER. \nscientific creationism. See CREATIONISM. \nscientific evidence. See EVIDENCE. \nscientific knowledge. See KNOWLEDGE. \nscientific method. An analytical technique by which a \nhypothesis is formulated and then systematically tested \n\n1464 sci. fa. \nthrough observation and experimentation. [Cases: \nCriminal Law C=>388.1; Evidence C=>555.] \nsci. fa. abbr. SCIRE FACIAS. \nscH. abbr. SCILICET. \nscilicet (sH-d-set or -sit). [fro Latin scire licet \"that you \nmay know\"] (14c) That is to say; namely; VIDELICET. \nLike videlicet, this word is used in pleadings and other \ninstruments to introduce a more particular statement \nofmatters previously mentioned in general terms. It has \nnever been quite as common, however, as videlicet. -\nAbbr. sc.; scil.; (erroneously) ss. \nSCIN. abbr. See self-canceling installment note under \nNOTE (1). \nscintilla (sin-til-d). (13c) A spark or trace <the standard is \nthat there must be more than a scintilla of evidence>. PI. \nscintillas (sin-tH-n). [Cases: Evidence C=>597; Federal \nCivil Procedure C=>2146; Judgments C=>185(5); Trial \nC=> 139.1(8).] \nscintilla juris (sin-til-d joor-is). [Law Latin \"a spark of \nright\"] Hist. A fragment of law or right. This refers \nto a figurative expression in the law of uses providing \na trace of seisin rights to remain in the feoffees suffi\ncient to allow contingent uses to be executed under the \nStatute ofUses. Itwas abolished in the Law ofProperty \nAmendment Act of 1860. See STATUTE OF USES. \nscintilla-of-evidence rule. (1896) A common-law \ndoctrine holding that if even the slightest amount of \nrelevant evidence exists on an issue, then a motion for \nsummary judgment or for directed verdict cannot be \ngranted and the issue must go to the jury. Federal \ncourts do not follow this rule, but some states apply \nit. -Also termed scintilla rule. [Cases: Federal Civil \nProcedure C=>2146, 2546; Judgment C=> 185(5); Trial \nC=> 139.1(8).] \nscire facias (sl-ree fay-shee-ds). [Law Latin \"you are to \nmake known, show cause\"] (15c) A writ requiring the \nperson against whom it is issued to appear and show \ncause why some matter ofrecord should not be annulled \nor vacated, or why a dormant judgment against that \nperson should not be revived. -Abbr. sci. fa. [Cases: \nScire Facias C=> 1.] \namicable scire facias to revive a judgment. A written \nagreement in which a person against whom a revival \nofan action is sought agrees to the entry ofan adverse \njudgment. \nscire facias ad audiendum errores (sl-ree fay-shee-ds \nad aw-dee-en-ddm e-ror-eez). [Law Latin \"that you \ncause to know to hear errors\"] Hist. A common\nlaw writ allowing a party who had assigned error to \ncompel the opposing party to plead . It was abol\nished in 1875. \nscire facias ad disprobandum debitum (sl-ree fay\nshee-ds ad dis-proh-ban-ddm deb-d-tdm). [Law Latin \n\"that you cause to know to disprove the debt\"] Hist. \nA writ allowing a defendant in a foreign attachment \nagainst the plaintiff to disprove or avoid the debt recovered by the plaintiff, within a year and a day \nfrom the time of payment. \nscire facias ad rehabendam terram (sl-ree fay\nshee-ds ad re-hd-ben-ddm ter-dm), n. [Law Latin \n\"that you cause to know to recover the land\"] Hist. \nA writ allowing a judgment debtor to recover lands \ntaken in execution after the debtor has satisfied the \njudgment. \nscire facias quare restitutionem non (Sl-ree fay-shee-ds \nkwair-ee res-td-t[y]oo-shee-oh-ndm non), n. [Law \nLatin \"that you cause to know why (there is not) resti\ntution\"] Hist. A writ for restitution after an execution \non a judgment is levied but not paid and the judgment \nis later reversed on appeal. \nscire facias sur mortgage (sl-ree fay-shee-ds Sdr \nmor-gij), n. [Law Latin \"that you cause to know on \nmortgage\"] Hist. A writ ordering a defaulting mort\ngagor to show cause why the mortgage should not be \nforeclosed and the property sold in execution. [Cases: \nMortgages C=>388.] \nscire facias sur municipal claim (SI-ree fay-shee-ds Sdr \nmyoo-nis-d-pdl klaym), n. [Law Latin \"that you cause \nto know on municipal claim\"] Hist. A writ compelling \nthe payment ofa municipal claim out ofthe property \nto which a municipal lien is attached. \nscire feci (sl-ree fee-SIlo [Latin \"I have caused to know\"] \nHist. The sheriff's return to a writ of scire facias, indi\ncating that notice was given to the parties against whom \nthe writ was issued. \nscire fieri inquiry (sl-ree fl-d-n), n. [Law Latin] Hist. A \nwrit to ascertain the location of a testator's property \nfrom an executor, when the sheriff returned nulla bona \nto a writ ofexecution fieri facias de bonis testatoris. See \nFIERI FACIAS. \nscite (SIt). [fr. Latin situs] Archaic. 1. A location; a site. \n2. The site of a capital messuage. 3. A municipal ordi\nnance. -Also termed site. \nscofflaw (skof-law). (1924) 1. A person who treats the \nlaw with contempt; esp., one who avoids various laws \nthat are not easily enforced <some scofflaws carry man\nnequins in their cars in order to drive in the carpool \nlane>. 2. Hist. A person who consumes illegally made \nor obtained alcoholic beverages . This was the original \nmeaning. \nscold, n. Hist. A person who regularly breaks the peace \nby scolding people, increasing discord, and generally \nbeing a public nuisance to the neighborhood . This \nbehavior was formerly punishable in various ways, \nincluding having an iron bridle fitted to the person's \nmouth. -Also termed common scold; objurgatrix. See \nBRANKS. [Cases: Criminal LawC=>45.25.] \nscolding bridle. See BRANKS. \nscope note. (1903) In a digest, a precis appearing after \na title and showing concisely what subject matter is \nincluded and what is excluded. \n\"In the Century and Decennial Digests, though not in the \nvarious digests of the Key-Number Series, there is printed \n\n1465 \nimmediately following each topic title a couple of para\ngraphs which are called the Scope-Note. The first para\ngraph of this scope-note shows very briefly the character \nof the subject-matter included under the title. The second \nparagraph shows the 'Exclusions' -i.e., what related \nmatter has been excluded in order to conform to the plan \nof the Digest and directs the reader to the proper title \nunder which such related matter may be found. Conse\nquently a little study of the scope-note will ofttimes repay \nthe searcher for a few moments' time consumed in so \ndoing.\" William M. Lile et aI., Brief Making and the Use of \nLaw Books 116 (3d ed. 1914). \nscope ofa patent. Patents. The limits ofa patent's protec\ntion, as defined by the allowed claims. [Cases: Patents \n~165.] \nscope of authority. (1805) Agency. The range of reason\nable power that an agent has been delegated or might \nforeseeably be delegated in carrying out the princi\npal's business. See SCOPE OF EMPLOYMENT; RESPON\nDEAT SUPERIOR. [Cases: Principal and Agent \n92-137.] \nscope ofbusiness. The range ofactivities that are reason\nably necessary to operate a commercial venture suc\ncessfully, as determined by the nature of the venture \nand the activities of others engaged in the same occu\npation in the same area. \nscope ofemployment, (1836) The range of reasonable and \nforeseeable activities that an employee engages in while \ncarrying out the employer's business; the field of action \nin which a servant is authorized to act in the master\nservant relationship. See RESPONDEAT SUPERIOR. Cf. \nCOURSE OF EMPLOYMENT; ZONE OF EMPLOYMENT. \n[Cases: Labor and Employment ~2769, 3044.] \nscope-of-work clause. A contractual provision that \nhighlights in summary fashion what work is to be per\nformed under the contract. \nscorched-earth defense. Corporations. An antitake\nover tactic by which a target corporation sells its most \n"}
{"text": "\nscorched-earth defense. Corporations. An antitake\nover tactic by which a target corporation sells its most \nvaluable assets or divisions in order to reduce its value \nafter acquisition and thus try to defeat a hostile bidder's \ntender offer. Cf. CROWN-JEWEL DEFENSE; PAC-MAN \nDEFENSE. \nS corporation. See CORPORATION. \nscot. Hist. A payment; esp., a customary tax. \nsoul scot. Hist. Eccles. law. See MORTUARY. Also \nwritten soul shot. \nscotal (skot-~I). Hist. An extortionary practice by which \nforest officers forced people to patronize the officers' \nalehouses, often in exchange for the officers' ignoring \nforest offenses. _ This practice was prohibited in 1217 \nby the Charter of the Forest, ch. 7. Also spelled \nscotale (skot-ayl). \nscot and lot. Hist. 1. The customary payment of a share \nof taxes based on one's ability. 2. A municipal tax on \nthe right to vote. \nScotch marriage. See MARRIAGE (1). \nScotch verdict. See NOT PROVEN. scripto veljuramento \nscottare (sb-tair-ee), vb. [Law Latin] Hist. To pay a \ntax. \nSCPA. abbr. SEMICONDUCTOR CHIP PROTECTION ACT. \nscrambling possession. See POSSESSION. \nscrap value. See salvage value under VALUE (2). \nscratch-and-dent loan. See LOAN. \nscratching the ticket. A party member's rejection of a \ncandidate on a regular party ticket by canceling the \nca ndidate' s name or by voting for one or more nominees \nof the opposing political party. \nscrawL See SCROLL (3). \nscreening committee. See COMMITTEE. \nscreening grand jury. See GRAND JURY. \nscreening mechanism. See ETHICAL WALL. \nscreen-scraping, n. Intellectual property. The practice \nofextracting data directly from one website and dis\nplaying it on another website. -The source website's \ndatabase is not used only the display. Screen-scrap\ning may infringe the extracted website-owner's copy\nright in the contents. screen-scrape, vb. \nscriba (skrI-b~), n. [Latin] Roman law. A court or office \nclerk; a scribe; a secretary . In England, the scriba regis \nwas the king's secretary. Cf. NOTARIUS. \nscribe. See SECRETARY (3). \nscribere est agere (skrI-bJ-ree est aj-J-ree). [Latin] Hist. \nTo write is to act. \n\"But now it seems clearly to be agreed. that, by the common \nlaw and the statute of Edward III, words spoken amount \nonly to a high misdemeanor, and no treason. For they may \nbe spoken in heat, without any intention .... If the words \nbe set down in writing. it argues more deliberate inten\ntion; and it has been held that writing is an overt act of \ntreason; for scribere est agere. But even in this case the \nbare words are not the treason, but the deliberate act of \nwriting them.\" 4 William Blackstone, Commentaries on the \nLaws ofEng/and 80 (1769). \nScribes. See AMERICAN SOCIETY OF WRITERS ON LEGAL \nSUBJECTS. \nscrip.(lSc) 1. A document that entitles the holder to \nreceive something ofvalue. See LAND SCRIP. 2. Money, \nesp. paper money, that is issued for temporary use. \nInternet scrip. 1. Value that may be exchanged over \nthe Internet but may not be exchanged for money. \nInternet scrip is analogous to coupons or bonus points \nthat can be exchanged by a consumer for goods or \nservices but that have no cash value. 2. See e-money \nunder MONEY. Also termed online scrip. \non-line scrip. See Internet scrip. \nscrip dividend. See DIVIDEND. \nscript. (I4c) L An original or principal writing. 2. Hand\nwriting. \nscripto (skrip-toh). [Latin] Hist. By writing. \nscripto vel juramento (skrip-toh vel juur-J-men-toh). \n[Law Latin] Hist. By writ or oath. _ The phrase appeared \nin reference to the mode of proof required in certain \ncases. \n\n1466 scriptum indentatum \nscriptum indentatum (sicrip-t;)m in-den-tay-t;)m). [Law \nLatin \"indented writing\"] Hist. An indenture. \nscrivarius. Law Latin. A notary public. \nscrivener (skriv-[;)]-n;)r). (14c) A writer; esp., a profes\nsional drafter ofcontracts or other documents. \nmoney scrivener. See MO~EY SCRIVENER. \nscrivener's error. See clerical error under ERROR (2). \nscrivener's exception. (1978) An exemption from the \nattorney-client privilege whereby the privilege does \nnot attach ifthe attorney is retained solely to perform \na ministerial task for the client, such as preparing a \nstatutory-form deed. [Cases: Privileged Communica\ntions and Confidentiality ~129, 131.] \nscroll, n. (ISc) 1. A roll of paper, esp. one containing a \nwriting; a list. 2. A draft or outline to be completed at \na later time. 3. A written mark; esp., a character affixed \nto a signature in place ofa seal. -Also termed (in sense \n3) scrawl. \nScroops's Inn. See SERJEANT'S INN. \nscrnet-roll (skroo-;)t-rohl). Hist. The record of bail \naccepted in a habeas corpus case. \nscrutator (skroo-tay-taf), n. [Latin ff. scrutari \"to search\"] \nHist. A bailiff Of officer who enforces the king's water \nrights, as by supervising wreckage, flotsam, and jetsam; \na customs officer. \nS.Ct. abbr. 1. SUPREME COURT. 2. Supreme Court \nReporter. \nscutage (skyoo-tij), n. [fro Latin scutum \"a shield\"] Hist. \n1. A monetary payment levied by the king on barons as \na substitute for some or all ofthe knights to be supplied \nto the king by each baron . This payment seems to date \nfrom the 12th century, Henry II (1154-1189) haVing \nlevied five scutages in the first 11 years ofhis reign. 2. \nA fee paid by a tenant-in-chiefby knight-service in lieu \nofserving in a war. 3. A tax on a knight's estate to help \nfurnish the army. Also termed escuage. \n\"Scutage ... Shieldmoney, in mediaeval feudal law, a \npayment in lieu of military service, paid by a tenantin\nchief in respect of the service of knights which he owed \nto the Crown. His personal obligation to serve could not \nbe discharged by scutage but only by fine. Payment of \nscutage, though known in France and Germany, was most \nhighly developed in England where it became a general tax \non knights' estates at rates which by the thirteenth century \nwere standardized. King John demanded frequent and \nheavy scutages and Magna Carta forbade the levying of \nscutage Without the consent of a general council. Scutage \nwas diVided between the King and the tenants-inchief who \ngave personal service in the campaign. It became obsolete \nby the fourteenth century.\" David M. Walker, The Oxford \nCompanion to Law 1121 (1980). \nscutagio habendo. See DE SCUTAGIO HABENDO. \nscyra (shy-r;), n. [Law Latin \"shire\"] Hist. 1. A county; \nshire. 2. A county's inhabitants. \nS.D. abbr. Southern District, in reference to U.S. judicial \ndistricts. \nsid b/l. abbr. Sight draft with bill oflading attached. See \nsight draft under DRAFT. S.E. abbr. SOUTH EASTERK REPORTER. \nsea. l. The ocean <on the sea>. 2. A large landlocked part \nof the ocean; a large body of salt water smaller than a \nregular ocean <the Mediterranean Sea>. 3. The ocean \nswell <a rough sea>. 4. An extremely large or extended \nquantity <a sea ofdocuments>. \nfree seas. See high seas. \nhigh seas. The seas or oceans beyond the jurisdiction \nofany country. _ Under traditional international law, \nthe high seas began 3 miles from the coast; today the \ndistance is generally accepted as 12 miles. Under the \n1982 U.N. Convention on the Law ofthe Sea, coastal \nshores now have a 200-mile exclusive economic \nzone. Also termed free seas; open seas; main sea. \n[Cases: Criminal Law (;:;::::>97(3); International Law \nC=-S,7.] \nmain sea. Archaic. The open ocean; high seas. \nnavigable sea. See NAVIGABLE SEA. \nopen seas. See high seas. \nterritorial sea. See territorial waters under WATER. \nseabed. The sea floor; the ground underlying the ocean, \nover which nations may assert sovereignty, esp. if \nunderlying their territorial waters. \nsea brief. See SEA LETTER. \nseagoiug vessel. See VESSEL. \nseal, n. (Be) 1. A fastening that must be broken before \naccess can be obtained; esp., a device or substance \nthat joins two things, usu. making the seam impervi\nous. -Also termed common-law seal. 2. A piece of \nwax, a wafer, or some other substance affixed to the \npaper or other material on which a promise, release, or \nconveyance is written, together with a recital or expres\nsion of intention by which the promisor, releasor, or \ngrantor manifests that a piece ofwax, wafer, or other \nsubstance is a seal. _ The purpose ofa seal is to secure \norprove authenticity. 3. A design embossed or stamped \non paper to authenticate, confirm, or attest; an impres\nsion or sign that has legal consequence when applied to \nan instrument. [Cases: Seals ~ 1.] \n\"The use ofthe seal in England seems to have begun after \nthe Norman Conquest, spreading from royalty and a few \nof the nobility to those of lesser rank. Originally a seal \noften consisted of wax bearing the imprint of an individu\nalized signet ring, and in the seventeenth century Lord \nCoke said that wax without impression was not a seal. But \nin the United States the courts have not required either \nwax or impression. Impressions directly on the paper were \nrecognized early and are still common for notarial and \ncorporate seals, and gummed wafers have been widely \nused. In the absence of statute decisions have divided on \nthe effectiveness of the written or printed word 'seal,' the \nprinted initials 'L.S: (locus Sigilli, meaning place of the \nseal), a scrawl made with a pen (often called a 'scroll') \nand a recital of sealing. Most states in which the seal is \nstill recognized now have statutes giving effect to one or \nmore such devices.\" Restatement (Second) of Contracts \n 96 emt. a (1979). \n\"The timehonoured form of seal was a blob of wax at the \nfoot of the document, bearing an imprint of some kind, \noften a crest or motto. The use of wax was not, however, \nnecessary for a seal. and any mark or impression on the \n\n1467 \npaper was sufficient as long as it was made with the inten\ntion of affixing a seal. Recent English cases have been \nwilling to find the necessary intention in circumstances \nwhere courts in the past would almost certainly have \ndeclined; so much so that it may now be the common law \nthat a document purporting to be executed as a deed but \nlacking actual sealing will be regarded as sealed as long \nas it contains a printed or written indication of where the \nmark or impression constituting the seal should be placed \nif it were to be affixed.\" Peter Butt, Land Law 481-82 (2d \ned,1988). \ncorporate seal. (I8c) A seal adopted by a corporation \nfor executing and authenticating its corporate and \nlegal instruments. [Cases: Corporations (,':,'::)51.] \ngreat seal. 1. The official seal of the United States, of \nwhich the Secretary ofState is the custodian. -Also \ntermed seal ofthe United States. [Cases: United States \n(::::::5.5.] 2. The official seal of a particular state. \nAlso termed seal ofthe state; state seal. [Cases: States \n(:::-;:,23.] 3. The official seal of Great Britain, of which \nthe Lord Chancellor is the custodian. \nnotary seal. See NOTARY SEAL \nprivate seal. (l6c) A corporate or individual seal, as dis\ntinguished from a public seaL [Cases: Seals \npublic seal. (16c) A seal used to certify documents \nbelonging to a public authority or government \nbureau. \nquarter seal. A seal (originally a quarter section ofthe \ngreat seal) maintained in the Scotch chancery to be \nused on particular grants from the Crown. See great \nseal (3). \nseal ofthe state. See great seal (2). \nseal ofthe United States. See great seal (1). \nstate seal. See great seal (2). \nwafer seal. A plastic or paper disk, usu. red or gold, \naffixed to a legal document as a substitute for a wax \nseal. _ Wafers are more common in the U.K. than in \nthe U.S. Sometimes shortened to wafer. \nseal, vb. (14c) 1. To authenticate or execute (a document) \nby use ofa seaL 2. To close (an envelope, etc.) tightly; to \nprevent access to (a document, record, etc.). \nsealed and delivered. See SIGNED, SEALED, AND DELIV\nERED. \nsea lane. Int'l & maritime law. A deSignated course or \nregularly used route for ships, esp. in restricted waters \nsuch as harbors and straits, _ Although sea lanes have \nobvious safety advantages, they were long resisted by \nsea captains, who saw them as a threat to their freedom \nto navigate. \nsea law. See MARITIME LAW"}
{"text": "\nsea captains, who saw them as a threat to their freedom \nto navigate. \nsea law. See MARITIME LAW. \nsealed bid. See BID (2). \nsealed-container rule. (1961) Products liability. The prin\nciple that a seller is not liable for a defective product if \nthe seller receives the product from the manufacturer \nand sells it without knowing of the defect or having a \nreasonable opportunity to inspect the product. [Cases: \nProducts Liability (:::::: 168, 175; Sales (::::::430.J seal of cause \nsealed contract. See contract under seal under \nCONTRACT. \nsealed instrument. (17c) At common law and under \nsome statutes, an instrument to which the bound party \nhas affixed a personal seal, usu. recognized as providing \nindisputable evidence ofthe validity ofthe underlying \nobligations. -The common-law distinction between \nsealed and unsealed instruments has been abolished \nby many states, and the UCC proVides that the laws \napplicable to sealed instruments do not apply to con\ntracts for the sale of goods or negotiable instruments. \nUCC  2-203. See contract under seal under CONTRACT. \n[Cases: Contracts G~36; Seals (::::::, 1.] \n\"At common law, the seal served to render documents \nindisputable as to the terms of the underlying obligation, \nthereby dispensing with the necessity of witnesses; the \nsealed instrument was considered such reliable evidence \nthat it actually became the contract itself called a'spe\ncialty' the loss of which meant loss of all rights of the \nobligee against the obligor. The seal also had many other \nconsequences at common law, some of which have been \nretained in jurisdictions which still recognize the seal. , , . \nIn states where the seal is still recognized, its primary legal \nsignificance is often the application of a longer statute of \nlimitations to actions on sealed instruments.\" 69 Am. Jur. \n2d Seals  2, at 617-18 (1993). \n\"In medieval England a wax seal may have performed [the \nfunctions of a formality] tolerably well, But in the United \nStates few people owned or used a seal and the ritual \ndeteriorated to the point that wax was dispensed with \nand printing houses decorated the signature lines of their \nstandard forms with the printed letters 'L.S.' for locus sigilli \n(place of the sea\\), Perfunctory invocation of the rules for \nsealed documents called into question the seal's utility \nin making promises enforceable,\" E, Allan Farnsworth, \nChanging Your Mind: The Law of Regretted Decisions 46 \n(l998). \nsealed-record statute. See CONFIDENTIALITY STATUTE. \nsealed testament. See mystic will under WILL. \nsealed verdict. See VERDICT. \nsealed will. See mystic will under WILL. \nsealetter. Hist. A manifest issued during a war by author\nities ofa port where a neutral vessel is fitted, certifying \nthe vessel's nationality, specifying the nature of and \ndestination of the vessel's cargo, and allOWing the vessel \nto sail under the neutral flag ofits owner. -The last sea \nletter was issued at the Port of New York in 1806, and \nthe use of sea letters was discontinued by proclama\ntion of President James Madison. -Also spelled sea-\nletter. Also termed sea brief; sea pass; passport. \n\"Our laws require masters of vessels, on entering a port \nfor traffic, to lodge with the consul their registers, sea\nletters, and passports ....\" Theodore D. Woolsey, Intro\nduction to the Study ofInternational Law 161-62 (5th \ned. 1878). \nsealing ofrecords. (1953) The act or practice ofoffiCially \npreventing access to particular (esp. juvenile-criminal) \nrecords, in the absence of a court order. Cf. EXPUNGE\nME~T OF RECORD. [Cases: Records (;:::'32.] \nseal of cause. Scots law. The seal of a burgh court, by \nwhich a royal burgh could, consistently with its charter \npowers, create a subordinate corporation by charter. \n\n1468 seal of the state \nThe seal of cause was most commonly used to create \ncharitable corporations and craft guilds. \nseal of the state. See great seal (2) under SEAL. \nseal of the United States. See great seal (1) under SEAL. \nseaman. Maritime law. Under the Jones Act and the \nLongshore and Harbor Workers' Compensation Act, \na person who is attached to a navigating vessel as an \nemployee below the rank of officer and contributes to \nthe function of the vessel or the accomplishment of \nits mission . Seamen's are covered under the \nJones Act and the general maritime law. Also termed \ncrew member; mariner; member ofa crew. See JONES \nACT. Cf. STEVEDORE. [Cases: Seamen \n'The Jones Act plaintiff must be a 'seaman' who is injured \n(or killed) 'in the course of his employment.' The 'course \nof ... employment' requirement at least excluded pas\nsengers, guests, trespassers, pirates (unless of course \nthe pirate was suing his own employer) and so on. Who \nelse might be excluded (or included) was, as a matter of \ninitial construction, impossible to say. After a half-century \nof litigation the answer to the riddle is not apparent. The \nSupreme Court has alternated between giving the term \n'seaman' an exceedingly broad construction and giving it \na much narrower one. Consequently defendants have been \nencouraged to argue, in all but the most obvious cases, \nthat plaintiff is not aJones Act seaman and that the action \nmust be dismissed. Thus there has always been, there \ncontinues to be, and presumably there will go on being a \nsubstantial volume of depressing litigation of this type.\" \nGrant Gilmore & Charles L. BlackJr., The Law ofAdmiralty \n 6-21, at 328 (2d ed. 1975). \n\"The traditional seaman is a member of the crew of a \nmerchant vessel .. , . However, vessels are not limited in \ntheir functions to the transportation of goods over water. \nThe performance by a vessel of some other mission, such \nas operating as a cruise ship, necessitates the presence \naboard ship of employees who do not 'man, reef and steer' \nthe vessel .... Exploration for oil and gas on navigable \nwaters has led to further expansion of the concept of a \n'seaman.' In 1959, in the celebrated case of Offshore Oil Co. \nv. Robinson, 266 F.2d 769 (5th Cir, 1959), the Fifth Circuit \nheld that floating drilling structures are 'vessels' and that \nthe amphibious oil workers aboard them are entitled to the \nseaman's remedies against their employers and the opera \ntors of the 'vessels' on which they are employed.\" Frank l. \nMaraist, Admiralty in a NutsheJl178-80 (2d ed. 1988). \nable-bodied seaman. An experienced seaman who \nis qualified for all seaman's duties and certified by \nan inspecting authOrity. Abbr. AB; ABS. Also \ntermed able seaman; bluewater seaman. [Cases: \nSeamen 11, 29.) \nmerchant seaman. A sailor employed by a private \nvessel, as distinguished from one employed in public \nor military service. [Cases: Seamen (;::;;>2.J \nordinary seaman. A seaman who has some experi\nence but who is not proficient enough to be classified \nas an able-bodied seaman. Abbr. OS; OD. [Cases: \nSeamen (;::;;> 11, 29.J \nseaman's will. See soldier's will under WILL. \nsea pass. See SEA LETTER. \nsearch, n. (14c) 1. Criminal procedure. An examination of \na person's body, property, or other area that the person \nwould reasonably be expected to consider as private, \nconducted by a law-enforcement officer for the purpose offinding evidence of a crime . Because the Fourth \nAmendment prohibits unreasonable searches (as well \nas seizures), a search cannot ordinarily be conducted \nwithout probable cause. [Cases: Searches and Seizures \n(:;::, 13.] \n\"It must be recognized that whenever a police officer \naccosts an indiVidual and restrains his freedom to walk \naway, he has 'seized' that person, And it is nothing less \nthan sheer torture of the English language to suggest that \na careful exploration of the outer surfaces of a person's \nclothing all over his or her body in an attempt to find \nweapons is not a 'search.'\" Terry v. Ohio, 392 U.S. 1, 16, \n88 S.Ct. 1868, 1877 (1968) (Warren, j.). \nadministrative search. (1963) A search of public or \ncommercial premises carried out by a regulatory \nauthority to enforce compliance with health, safety, \nor security regulations. -The probable cause required \nfor an administrative search is less stringent than that \nrequired for a search incident to a criminal investi\ngation. -Also termed regulatory search; inspection \nsearch. [Cases: Searches and Seizures (;::;-79.J \nborder search. (1922) 1. A search conducted at the \nborder of a country, esp. at a checkpoint, to exclude \nillegal aliens and contraband. [Cases: Aliens, Immi\ngration, and Citizenship (;::;;>440-446; Customs \nDuties (;::;;> 126(1).J \n\"[W)arrantless searches and seizures conducted at national \nboundaries are permitted under the general authority of \nthe United States to ensure the integrity of its borders. As \nthe Supreme court stated in Carroll v. United States, such \nactivity ensures 'national self-protection reasonably requir\ning one entering the country to identify himself as entitled \nto come in, and his belongings as effects which may be \nlawfully brought in.' [267 U.S. 132, 154,45 S.Ct. 280, 285 \n(1925).] Thus, the right to remain silent and protect one's \npersonal belongings from government intrusion, normally \nafforded constitutional protection, are surrendered at \nthe border.\" Charles H. Whitebread. Criminal Procedure \n 12.02, at 227 (1980). \n2. Loosely, a search conducted near the border of a \ncountry. Generally, searches near the U.S. border \nare treated no differently from those conducted else\nwhere in the country. \ncheckpOint search. (1973) 1. A search anywhere on \na military installation. 2. A search in which police \nofficers set up roadblocks and stop motorists to ascer\ntain whether the drivers are intoxicated. [Cases: Auto\nmobiles (;::;;>349(9).] \nChimel search. See protective search. \nconsent search. (1965) A search conducted after a \nperson with the authority to do so voluntarily waives \nFourth Amendment rights . The government has the \nburden to show that the consent was given freely \nnot under duress. Bumper v. North Carolina, 391 \nU.S. 543, 548-49, 88 S.Ct. 1788, 1792 (1968). Also \ntermed consensual search. [Cases: Searches and \nSeizures (;::;;> 171-186.J \n'The voluntariness of a consent to search is 'to be deter\nmined from the totality of all the circumstances.' [Schneck\nloth v. Bustamante, 412 U.S. 218, 93 S.Ct. 2041 (1973).] \nAmong the factors to be considered in determining the \neffectiveness of an alleged consent to search are whether \nthe defendant (1) has minimal schooling or was of low \n\n1469 \nintelligence; (2) was mentally ill or intoxicated; (3) was \nunder arrest at the time the consent was given; (4) was \noverpowered by officers, handcuffed, or similarly subject \nto physical restriction; (5) has seized from him by the \npolice the keys to the premises thereafter searched; (6) \nemployed evasive conduct or attempted to mislead the \npolice; (7) denied guilt or the presence of any incriminatory \nobjects in his premises; (8) earlier gave a valid confession \nor otherwise cooperated, as by instigating the search, or \nat least the investigation leading to the search; (9) was \nhesitant in agreeing to the search; or (10) was refused his \nrequest to consult with counsel. The presence of some \nof these factors is not controlling, however, as each case \nmust stand or fall on its own special facts.\"Jerold H.lsrael \n& Wayne R. LaFave, Criminal Procedure in a Nutshell 141-42 \n(5th ed. 1993). \nconstructive search. A subpoena of a corporation's \nrecords. \n\"[I]t is settled that the so-called 'constructive search' \ninvolved in an administrative subpoena of corporate \nbooks or records constitutes a 'search' or 'seizure' within \nthe meaning of the Fourth Amendment.\" 68 Am. Jur. 2d \nSearches and Seizures  44, at 674 (1993). \nemergency search. (1971) A warrantless search con\nducted by a police officer who has probable cause and \nreasonably believes that, because ofa need to protect \nlife or property, there is not enough time to obtain \na warrant. See EMERGENCY DOCTRINE (3). [Cases: \nSearches and Seizures \nexigent search (eks-;:l-j;:lnt). (1974) A warrantless search \ncarried out under exigent circumstances, such as \nan imminent danger to human life or a risk of the \ndestruction of evidence. See exigent circumstances \nunder CIRCUMSTANCE. [Cases: Controlled Substances \n105, 114, 123, 130; Searches and Seizures \n42.] \nillegal search. See unreasonable search. \ninventory search. (1966) A complete search of an arrest\nee's person before that person is booked into jail.  All \npossessions found are typically held in police custody. \n[Cases: Automobiles ~'J349.5(12); Controlled Sub\nstances (;=117; Searches"}
{"text": "ases: Automobiles ~'J349.5(12); Controlled Sub\nstances (;=117; Searches and Seizures (;=58.] \nno-knock search. (1970) A search of property by the \npolice without knocking and announcing their \npresence and purpose before entry. A no-knock \nsearch warrant may be issued under limited cir\ncumstances, as when a prior announcement would \nprobably lead to the destruction of the objects searched \nfor, or would endanger the safety of the police or \nanother person. [Cases: Searches and Seizures \n143.1; Controlled Substances 153.] \nprivate search. A search conducted by a private person \nrather than by a law-enforcement officer . Items \nfound during a private search are generally admis\nsible in evidence ifthe person conducting the search \nwas not acting at the direction of a law-enforcement \nofficer. [Cases: Searches and Seizures (;=33.J \nprotective search. (1967) A search of a detained suspect \nand the area within the suspect's immediate control, \nconducted to protect the arresting officer's safety \n(as from a concealed weapon) and often to preserve \nevidence . A protective search can be conducted search of patentability \nwithout a warrant. Chimel v. California, 395 U.S. 752, \n89 S.Ct. 2034 (1969). Also termed search incident to \narrest; Chimel search (sh;:l-mel). [Cases: Arrest (;:::)63, \n63.5(8); Searches and Seizures (;=70.] \nregulatory search. See administrative search. \nsearch incident to arrest. See protective search. \nsector search. See zone search. \nshakedown search. (1952) A usu. unannounced and \nwarrantless search for illicit or contraband material \n(such as weapons or drugs) in a prisoner's cell. \nOften shortened to shakedown. [Cases: Prisons \n134.J \nstrip search. (1955) A search of a person conducted after \nthat person's clothes have been removed, the purpose \nusu. being to find any contraband the person might be \nI hiding. [Cases: Controlled Substances 126.] \nI \nunreasonable search. (18c) A search conducted without \nprobable cause or other considerations that would \nmake it legally permissible. -Also termed illegal , \nI search. \nvoluntary search. (1936) A search in which no duress \nor coercion was applied to obtain the defendant's \nconsent. See consent search. \nwarranted search. (1968) A search conducted under \nauthority of a search warrant. [Cases: Searches and \nSeizures (;=141.] \nwarrantless search. (1950) A search conducted without \nobtaining a proper warrant.  Warrantless searches \nare permissible under exigent circumstances or when \nconducted incident to an arrest. See exigent circum\nstances under CIRCUMSTANCE; protective search. \nArrest (;=71.1(1); Searches and Seizures \n42.1.] \nzone search. A search of a crime scene (such as the \nscene of a fire or explosion) by dividing it up into \nspecific sectors. -Also termed sector search. \n2. An examination of public documents or records \nfor information; esp., TITLE SEARCH. 3. Int'llaw. \nThe wartime process of boarding and examining \nthe contents of a merchant vessel for contraband . \nA number of treaties regulate the manner in which \nthe search must be conducted. See RIGHT OF SEARCH. \n[Cases: War and National Emergency (::=>20.] \nsearch-and-seizure warrant. See SEARCH WARRANT. \nsearch book. (1912) A lawbook that contains no state\nments of the law but instead consists of lists or tables \nof cases, statutes, and the like, used simply to help a \nresean:her find the law. Most indexes, other than \nindex-digests, are search books. \nsearch committee. See COMMITTEE. \nsearch incident to arrest. See protective search under \nSEARCH. \nsearch of patentability. See PATENTABILITY SEARCH. \n\n1470 search report \nsearch report. Patents. A list of prior-art documents \ncited by the patent examiner during the patent appli\ncation's preliminary examination. \nsearch warrant. (18c) Criminal law. A judge's written \norder authorizing a law-enforcement officer to conduct \na search ofa specified place and to seize evidence. See \nFed. R. Crim. P. 41. -A\\so termed search-and-sei\nzure warrant. See WARRANT (1). [Cases: Searches and \nSeizures (;~,101.] \nanticipatory search warrant. (1912) A search warrant \nbased on an affidavit showing probable cause that \nevidence of a certain crime (such as illegal drugs) \nwill be located at a specific place in the future. [Cases: \nSearches and Seizures (;::::::-122.] \nblanket search warrant. (1921) 1. A single search \nwarrant that authorizes the search ofmore than one \narea. 2. An unconstitutional warrant that authorizes \nthe seizure of everything found at a given location, \nwithout specifying which items may be seized. \ncovert-entry search warrant. A warrant authorizing \nlaw-enforcement officers to clandestinely enter private \npremises in the absence of the owner or occupant \nwithout prior notice, and to search the premises \nand collect intangible evidence, esp. photographs \nand eyewitness information. -Although previously \nused in federal criminal investigations, these types \nof warrants were first given express statutory author\nity by the USA Patriot Act. 18 USCA  3103a. Infor\nmation gathered while a sneak-and-peek \nwarrant can later be used to support a search warrant \nunder which physical evidence can be seized. -Also \ntermed sneak-and-peek search warrant; surreptitious\nentry search warrant. lCases: Searches and Seizures \n(;::) 143.1.J \nno-knock search warrant. (1972) A search warrant \nthat authorizes the police to enter premises without \nknocking and announcing their presence and purpose \nbefore entry because a prior announcement would \nlead to the destruction of the objects searched for or \nwould endanger the safety of the police or another \nperson. Cf. KNOCK-AND-ANNOUNCE RULE .[Cases: \nSearches and Seizures (;:::: 143.1.] \nsneak-and-peek search warrant. See covert-entry \nsearch warrant \nsurreptitious-entry search warrant. See covert-entry \nsearch warrant. \nsearch-warrant affidavit. See AFFIDAVIT. \nsea reeve (see reev). Hist. An officer appointed to watch \nthe shore and enforce a lord's maritime rights, includ\ning the right to wreckage. \nsea rover. 1. A person who roves the sea for plunder; a \npirate. 2. A pirate vessel. \nSears-Compco doctrine. The principle that Congress, \nby passing copyright, trademark, and patent laws, has \npreempted some state-law protection of information \nthat is not protected by those statutes. Sears, Roebuck \n& Co. v. Stiffel Co., 376 U.S. 225, 84 S.Ct. 784 (1964); Compco Corp. v. Day-Brite Lighting, Inc., 376 U.S. 234, \n84 S.Ct. 779 (1964). The doctrine reflects a congres\nsional policy decision that public access to informa\ntion outweighs private economic incentives to collect \nand disseminate it. Itlimits how far states may protect \nagainst misappropriation. [Cases: Copyrights and \nIntellectual Property (;:::: 109.] \nseasonable, adj. (ISc) Within the time agreed on; within \na reasonable time <seasonable performance of the \ncontract>. \nseasonal employment. See EMPLOYMENT. \nseat, n. 1. Membership and privileges in an organiza\ntion; esp., membership on a securities or commodities \nexchange <her seat at the exchange dates back to 1998>. \n[Cases: Exchanges(r~7.]2. The center ofsome activity \n<the seat ofgovernment>. \nseated land. See LAND. \nseat of government. The nation's capital, a state capital, \na county \"eat, or other location where the principal \noffices of the national, state, and local governments are \nlocated. [Cases: Counties (;::::;27; States \nseaward. See CUSTOS MARIS. \nseaworthy, adj. (Of a vessel) properly equipped and suf\nficiently strong and tight to resist the perils reasonably \nincident to the voyage for which the vesseJ is insured. \n_ An implied condition ofmarine-insurance policies, \nunless otherwise stated, is that the vessel will be sea\nworthy. [Cases: Seamen (;:::>9; Shipping (;:::>80,121.] \nseaworthiness, n. \nseaworthy vessel. See VESSEL. \nsec. abbr. 1. (all cap.) SECURITIES AND EXCHANGE COM\nMISSION. 2. Section. See SECTION (1). \nsecession. The process or act of withdrawing, esp. from \na religiOUS or politicaJ association <the secession from \nthe established church> <the secession of 11 states at \nthe time ofthe Civil War>. \nseck (sek), adj. Hist. 1. Lacking the right or remedy of \ndistress. 2. Lacking profits, usu. due to a reversion \nwithout rent or other service. See RENT SECK. \nsecond, n. Parliamentary law. 1. A statement by a member \nother than a motion's maker that the member also \nwants the assembly to consider the motion <Is there a \nsecond to the motion?>. 2. Criminal law. A person who \ndirects, assists, or supports another engaged in a duel. \nSee DUEL (2). second, vb. \nSecond Amendment. The constitutional amendment, \nratified with the Bill of Rights in 1791, guaranteeing the \nright to keep and bear arms as necessary for securing \nfreedom through a well-regulated militia. See RIGHT \nTO BEAR ARMS. [Cases; Weapons (;:::> 1.] \nsecondary, adj. (14c) (Of a position, status, use, etc.) sub\nordinate or subsequent. \nsecondary, n. Hist. An officer of the courts ofthe King's \nBench and common pleas, so called because he was next \nto the chief officer . By the Superior Courts (Officers) \n\n1471 secondary term \nAct (1837), the secondary office was abolished. St. 7 \nWilL 4; 1 Vict., ch. 30. \nsecondary abuse. See ABDSE. \nsecondary activity. Labor law. A union's picketing or \nboycotting of a secondary or neutral party, with the \ngoal ofplacing economic pressure on that party so that \nit will stop doing business with the employer that is the \nprimary subject ofthe labor dispute . Secondaryactiv\nities are forbidden by the Labor-Management Relations \nAct. 29 USCA  158(b)(4). See secondary boycott under \nBOYCOTT; secondary picketing under PICKETING. Cf. \nPRIMARY ACTIVITY. [Cases: Labor and Employment \nC-::> 1411, 1412.] \nsecondary affinity. See AFFINITY. \nsecondary amendment. See AMENDMENT (3). \nsecondary assumption ofrisk. See ASSUMPTION OF THE \nRISK. \nsecondary authority. See AUTHORITY (4). \nsecondary beneficiary. See contingent beneficiary (2) \nunder BENEFICIARY. \nsecondary boycott. See BOYCOTT. \nsecondary consideration. See SECONDARY FACTOR. \nsecondary conveyance. See CONVEYANCE. \nsecondary creditor. See CREDITOR. \nsecondary devise. See alternative devise under DEVISE. \nsecondary distribution. See DISTRIBUTION. \nsecondary easement. See EASEMENT. \nsecondary-effects test. A court's analysis ofa regulation \naffecting free-speech interests to determine whether \nit is actually intended to diminish or eliminate an \nindirect harm flowing from the regulated expression. \n The test is used to distinguish content-specific regula\ntion from content-neutral regulation. A regulation that \nis facially content-specific may be treated as content\nneutral if its purpose is to diminish or eliminate a sec\nondary effect ofthe speech, such as a zoning regulation \nfor adult theaters when it is intended to limit crime. The \ntest was first enunciated in City ofRenton v. Playtime \n7heatres, Inc., 475 U.S. 41, 106 S.Ct. 925 (1986). [Cases: \nConstitutional Law (:::::>2213.] \nsecondary enforcement. See secondary right under \nRIGHT. \nsecondary evidence. See EVIDENCE. \nsecondary factor. (usu. pl.) Patents. Objective evidence \nthat courts consider in determining a patent claim's \nnonobviousness . Secondary factors include \"com\nmercial success, long-felt but unsolved need, failure of \nothers, and unexpected results.\" Graham v. John Deere \nCo., 383 US. 1, 17-18 (1966). -Also termed secondary \nconsideration. [Cases: Patents (:::::> 36.1.] \nsecondary insured. See additional insured under \nINSURED. \nsecondary insurer. See excess insurer under INSURER. secondary invention. Patents. An invention that uses \nor incorporates established elements or combinations \nto achieve a new and useful result. [Cases: Patents \n174.) \nsecondary lender. A wholesale mortgage buyer who pur\nchases first mortgages from banks and savings-and\nloan associations, enabling them to restock their money \nsupply and loan more money. \nsecondary liability. See LIABILITY. \nsecondary-line competition. See vertical competition \nunder COMPETITION. \nsecondary-line injury. Antitrust. Under the price-dis\ncrimination provisions of the Robinson -Patman Act, \nthe act of hindering or seeking to hinder competition \namong a seller's customers by selling substantially the \nsame products at favorable prices to one customer, or a \n"}
{"text": "\namong a seller's customers by selling substantially the \nsame products at favorable prices to one customer, or a \nselect group of customers, to the detriment ofothers. 15 \nUSCA  13(a). A secondary-line injury, which refers \nto competition among the seller's customers, is distin\nguishable from a primary-line injury, which refers to \nthe anticompetitive effects that predatory pricing has \non the direct competitors of the seller. Cf. PRIMARY\nLINE INJURY. \nsecondary market. See MARKET. \nsecondary meaning. Intellectual property. A special \nsense that a trademark or tradename for a business, \ngoods, or services has acquired even though the trade\nmark or trade name was originally merely descriptive \nand therefore not protectable . The term does not refer \nto a subordinate or rare meaning, but rather to a later \nmeaning that has been added to the original one borne \nby the mark or name and that has now become in the \nmarket its usual and primary meaning. Also termed \nspecial meaning; trade meaning. [Cases: Trademarks \n(:::::> 1032.J \n\"Secondary meaning is association, nothing more. It exists \nonly in the minds of those of the public who have seen or \nknown or have heard of a brand of goods by some name \nor sign and have associated the two in their minds.\" Harry \nD. Nims, The Law of Unfair Competition and TradeMarks \n105 (1929). \nsecondary mortgage market. See MORTGAGE MARKET. \nsecondary motion. See MOTION (2). \nsecondary obligation. See OBLIGATION. \nsecondary offering. See OFFERING. \nsecondary party. Commercial law. 1. A party not pri\nmarily liable under an instrument, such as a guarantor. \n[Cases: Bills and Notes <::-='49; Guaranty (:::::>33.] 2. The \ndrawer or indorser ofa negotiable instrument. \nsecondary picketing. See PICKETING. \nsecondary register. See SUPPLEMENTAL REGISTER. \nsecondary reserve ratio. See RESERVE RATIO. \nsecondary right. See RIGHT. \nsecondary strike. See STRIKE. \nsecondary term. Oil & gas. The term of an oil-and-gas \nlease after production has been established, typically \n\n1412 secondary trading \nlasting \"as long thereafter as oil and gas is produced \nfrom the premises.\" See HABENDUM CLAUSE; PRIMARY \nTERM. [Cases: Mines and Minerals C=>73.5.] \nsecondary trading. See TRADING. \nsecondary use. See shifting use under USE (4). \nsecond chair, n. (1968) A lawyer who helps the lead \nattorney in court, usu. by examining some of the wit\nnesses, arguing some ofthe points oflaw, and handling \nparts of the voir dire, opening statement, and closing \nargument <the young associate was second chair for \nthe fraud case>. -second-chair, vb. \nsecond-collision doctrine. See CRASHWORTHlNESS \nDOCTRINE. \nsecond cousin. See COUSIN. \nsecond-degree amendment. See secondary amendment \nunder AMENDMENT (3). \nsecond-degree manslaughter. See involuntary man\nslaughter under MANSLAUGHTER. \nsecond-degree murder. See MURDER. \nsecond-degree principal. See principal in the second \ndegree under PRINCIPAL (2). \nsecond deliverance. See DELIVERANCE. \nsecond delivery. See DELIVERY. \nsecond distress. See DISTRESS. \nsecondhand evidence. See HEARSAY. \nsecond-impact doctrine. See CRASHWORTHINESS \nDOCTRINE. \nsecond lien. See LIEN. \nsecond-look doctrine. (1962) 1. WAIT-AND-SEE PRIN\nCIPLE. 2. An approach that courts use to monitor the \ncontinuing effectiveness or validity of an earlier order. \n For example, a family court may reconsider a waiver \nof alimony, and a federal court may reconsider a law \nthat Congress has passed a second time after the first \nlaw was struck down as unconstitutionaL \nsecond mortgage. See MORTGAGE. \nsecond offense. See OFFENSE (1). \nsecond-parent adoption. See ADOPTION. \nsecond-permittee doctrine. Insurance. The principle \nthat, when a third person is allowed to use an insured's \ncar by permission granted by someone else to whom \nthe insured gave permission to use the car, the third \nperson's use of the car will be a permissive use, under \nthe insured's automobile-liability-insurance policy, as \nlong as that use falls within the scope of the permis\nsion originally given by the insured.lCases: Insurance \nC=>2666.] \nseconds, n. Commercial law. Goods that are defective or \nnonconforming because they do not meet a recognized \nstandard. \nsecond-step freezeout. See FREEZEOUT. \nsecond surcharge. See SURCHARGE. \nsecond-tier patent. See UTILITY MODEL. second user. See JUNIOR USER. \nsecrecy. The state or quality of being concealed, esp. \nfrom those who would be affected by the concealment; \nhidden. \nsecret, n. (14c) 1. Something that is kept from the knowl\nedge of others or shared only with those concerned. \nSee STATE SECRET; TRADE SECRET. 2. Information that \ncannot be disclosed without a breach of trust; specif., \ninformation that is acquired in the attorney-client \nrelationship and that either (1) the client has requested \nbe kept private or (2) the attorney believes would be \nembarrassing or likely to be detrimental to the client \nifdisclosed. Under the ABA Code of Professional \nResponsibility, a lawyer usu. cannot reveal a client's \nsecret unless the client consents after full disclosure. \nDR 4-101. Cf. CONfIDENCE (3). [Cases: Attorney and \nClient C=>32(l3).] \nsecretariU5 (sek-ra-tair-ee-as), n. [Law Latin] See APOC\nRISARIUS. \nsecretary. 1. An administrative assistant. 2. A corporate \nofficer in charge ofofficial correspondence, minutes of \nboard meetings, and records of stock ownership and \ntransfer. -Also termed clerk ofthe corporation. [Cases: \nCorporations 3. Parliamentary law. An officer \ncharged with recording a deliberative assembly's pro\nceedings. Also termed clerk; recorder; recording sec\nretary; recording officer; scribe. \ncorresponding secretary. An officer in charge of an \norganization's correspondence, usu. including notices \nto members. \nfinancial secretary. 1. An officer in charge of billing, \ncollecting, and accounting for dues from the members. \n2. TREASURER. \nSecretary General. The chief administrative officer of \nthe United Nations, nominated by the Security Council \nand elected by the General Assembly. \nSecretary ofAgriculture. The member ofthe President's \ncabinet who heads the U.S. Department of Agriculture. \n[Cases: Agriculture C=>2.] \nSecretary ofCommerce. The member ofthe President's \ncabinet who heads the U.S. Department ofCommerce. \n[Cases: United States C-;:;)32.] \nSecretary of Defense. The member ofthe President's \ncabinet who heads the U.S. Department of Defense. \n[Cases: C'nited States C=>32.] \nSecretary of Education. The member ofthe President's \ncabinet who heads the U,S. Department of Education. \n[Cases: United States \nsecretary of embassy. A diplomatic officer appointed \nas secretary or assistant, usu. to an ambassador or \nminister plenipotentiary. \nSecretary of Energy. The member of the President's \ncabinet who heads the U.S. Department of Energy. \n[Cases: United States \nSecretary of Health and Human Services. The \nmember of the President's cabinet who heads the U.S. \n\n1473 \nDepartment of Health and Human Services. [Cases: \nUnited States (:::>32.] \nSecretary of Homeland Security. The member of the \nPresident's cabinet who heads the u.s. Department of \nHomeland Security. [Cases: United States (:::>32.] \nSecretary of Housing and Urban Development. The \nmember of the President's cabinet who heads the U.S. \nDepartment of Housing and Urban Development. \n[Cases: United States (:::>32.] \nSecretary of Labor. The member of the President's \ncabinet who heads the U.S. Department of Labor. \n[Cases: United States (:::>32.] \nsecretary oflegation. An officer employed to attend a \nforeign mission and perform certain clerical duties. \nSecretary ofState. (ISc) 1. The member of the President's \ncabinet who heads the U.S. Department ofState. _ The \nSecretary is the first-ranking member ofthe cabinet and \nis also a member ofthe National Security Council. He \nor she is fourth in line ofsuccession to the presidency \nafter the Vice President, the Speaker of the House, \nand the President pro tempore of the Senate. [Cases: \nVnited States (:::> 32.] 2. A state government official \nwho is responsible for the licensing and incorporation \nofbusinesses, the administration ofelections, and other \nformal duties . The secretary ofstate is elected in some \nstates and appointed in others. [Cases: United States \n(:::>68.J \nSecretary ofthe Interior. The member ofthe President's \ncabinet who heads the U.S. Department ofthe Interior. \n[Cases: United States (:::>32.] \nSecretary ofthe Treasury. The member ofthe President's \ncabinet who heads the U.S. Department ofthe Treasury. \n[Cases: United States C=:>32.] \nSecretary of Transportation. The member ofthe Presi\ndent's cabinet who heads the U.S. Department ofTrans\nportation. [Cases: United States (:::>32.] \nSecretary of Veterans Affairs. The member of the \nPresident's cabinet who heads the U.S. Department of \nVeterans Affairs. [Cases: United States (:::> 102.] \nsecret ballot. See BALLOT (2). \nsecret detainee. See DETAINEE. \nsecret detention. See DETENTION. \nsecret diplomacy. See DIPLOMACY. \nsecrete (si-kreet), vb. (l7c) To conceal or secretly transfer \n(property, etc.), esp. to hinder or prevent officials or \ncreditors from finding it. \nsecret equity. See latent equity under EQUITY. \nsecret evidence. See EVIDENCE. \nsecretion of assets. 'The hiding of property, usu. for the \npurpose of defrauding an adversary in litigation or a \ncreditor. \nsecret lien. See LIEN. \nsecret partner. See PARTNER. \nSecret Service. See UNITED STATES SECRET SERVICE. Section 8 and 15 declaration \nsecret session. See executive session under SESSION (1). \nsecret testament. See mystic will under WILL. \nsecret trust. See TRUST. \nsecret will. See mystic will under WILL. \nsecta (sek-to:l), n. [Latin \"suit\"] 1. Roman law. A group of \nfollowers, as of a particular religion or school of phi\nlosophy, law, etc.; a religious sect. 2. His!. People whom \na plaintiff must bring to court to support the plaintiff's \ncase. 3. Hist. A lawsuit. \nsecta ad molendinum. See DE SECTA AD MOLENDINUM. \ni secta curiae (sek-to:l kyoor-ee-ee). [Latin \"suit ofcourt\"] \nHisl. Attendance at court, esp. by feudal tenants, who \nare obligated to attend the lord's court as jurors or \nparties. \nsecta facienda per Wam quae habet eniciam partem \n(sek-to:l fay-shee-en-do:l po:lr i1-o:lm kwee hay-bo:lt i-nish\nee-o:lm pahr-to:lm), n. [Law Latin \"suit to be performed by \nher who has the eldest part\"] Hist. A writ ordering the \neldest heir or coparcener to perform suit and services \nfor all the coheirs or coparceners. \nsecta regalis (sek-to:l ri-gay-lis). [Latin \"king's suit\"] Hist. \nAn obligation to attend the sheriff's court twice a year, \nso called because it had the same functions and juris\ndiction as the king's court. \nsectarian, adj. Ofor relating to a particular religious sect \n<sectarian college>. \nsectatoris (sek-to:l-tor-is), n. [Latin] Roman law. A sup\nporter of a candidate for office, who accompanied a \ncandidate during a campaign, primarily to impress \nvoters. PI. sectatores. \nsecta unica tantum facienda pro pluribus haeredita\ntibus (sek-to:l yoo-no:l-ko:l tan-to:lm fay-shee-en- do:l proh \nploor-o:l-bi}s ho:l-red-o:l-tay-to:l-bo:ls), n. [Law Latin \"one \nsuit alone to be performed for several inheritances\"] \nHist. A writ exempting the eldest heir, distrained by a \nlord to perform several services for the coheirs, from \nperforming all services but one. \nsection. (16c) 1. A distinct part or division ofa writing, \nesp. a legal instrument. -Abbr. ; sec.; s. 2. Real estate. \nA piece of land containing 640 acres, or one square \nmile. Traditionally, public lands in the United States \nwere divided into 640-acre squares, each one called a \n\"section.\" -Also termed section ofland. \nhalfsection. A piece ofland containing 320 acres, laid \noff either by a north-and-south or by an east -and-west \nline; half a section ofland. \nquarter section. A piece ofland containing 160 acres, \nlaid offby a north-south or east-west line; one quarter \nofa section ofland, formerly the amount usu. granted \nto a homesteader. Often shortened to quarter. \nSection 8 affidavit. See DECLARATION OF \"LSE. \nSection 8 and 15 affidavit. See COMBINED  8 AND  15 \nAFFIDAVIT. \nSection 8 and 15 declaration. See COMBINED  8 AND \n 15 AFFIDAVIT. \n\nSection 8 declaration. See DECLARATION OF USE. "}
{"text": " 8 AND \n 15 AFFIDAVIT. \n\nSection 8 declaration. See DECLARATION OF USE. \nsection 8(f) agreement. Labor law. A labor contract that \nis negotiated between an employer in the construction \nbusiness and a union that cannot demonstrate that it \nrepresents a majority of the employees at the time the \ncontract is executed. 29 USCA  158(f) . This is an \nexception to the general rule that an employer need \nonly negotiate with a union that can demonstrate \nmajority status. It was enacted in part because of the \nnature of the construction industry, in which the \nemployers may have several different jobs in different \nparts of the country, the jobs are typically completed \nin a relatively short time, and the workforce is often \ntransient. Since the workforce often does not have suf\nficient ties to a particular employer to petition for a \ncertification election, section 8(f) agreements provide \na certain level ofprotection in recognition of that fact. \nBut section 8(f) agreements are not equivalent to collec\ntive-bargaining agreements. For example, the employer \ncan legally repudiate the agreement at any time, and the \nemployees may not legally picket to enforce the agree\nment. The main protection such an agreement provides \nis a monetary obligation, which can be enforced, if \nnecessary, in federal court. And if the union achieves \nmajority status, the section 8(f) agreement will essen\ntially become a fully enforceable collective-bargaining \nagreement. \nSection 15 affidavit. See DECLARATION OF INCOKTEST\nABILITY. \nSection 15 declaration. See DECLARATION OF INCON\nTESTABILITY. \nSection 43(a) action. Trademarks. A private cause of \naction codified in the Lanham Trademark Act and \ncovering a broad spectrum ofdeceptive trade practices, \nincluding passing off, false advertising, trade-dress \ninfringement, trademark dilution, and cyperpiracy. \n15 USCA  1125(a). [Cases: Antitrust and Trade Regu\nlation ~::;;61; Trademarks \nSection 101 rejection. See REJECTION. \nSection 102 rejection. See REJECTION. \nSection 103 rejection. See REJECTION. \nSection 112 rejection. See vague-and-indefinite rejection \nunder REJECTIO.'II. \nsection ofland. See SECTiON (2). \nsectis nonfaciendis (sek-tis non fay-shee-en-dis). See DE \nSECTIS NON FACIENDIS. \nsector (sek-tor), n. [Latin] Roman law. A successful bidder \nat a public auction. Pi. sectores. \nsector search. See zone search under SEARCH. \nsecular, adj. Worldly, as distinguished from spiritual \n<secular business>. \nsecular clergy. 1. Clergy who have no particular religious \naffiliation or do not belong to a particular religious \ndenomination. 2. Clergy who live in their parishes and \nminister there, as contrasted with regular clergy who \nlive in monasteries. secular trust. See TRUST (3). \nsecundum (si-kan-dam), adj. [Latin] Roman law. Accord\ning to; in favor of, as in secundum actorem (\"in favor \nof the plaintiff'). \nsecundum aequum et bonum (si-kan-dam ee-kwam et \nboh-mm). [Latin] Hist. According to what is just and \ngood. \nsecundum allegata etprobata (si-kan-dam al-a-gay-ta et \npra-bay-ta). [Latin] Hist. According to what is alleged \nand proved. \nsecundum artem (si-kan-dam ahr-tam). [Latin] Hist. \nAccording to the art or trade. \nsecundum bonos mores (si-kan-dam boh-nohs mor-eez). \n[Latin] Hist. According to good usages; customary. \nsecundum bonum et aequum (sa-kan-dam boh-nam et \nee-kwam). [Latin] Hist. According to that which is good \nand equitable. \nsecundum chartam conficiendam (sa-kan-dam \nkahr-tam kan-fish-ee-eu-dam). [Law Latin] Hist. \nAccording to a charter to be granted. Cf. SECUNDUM \nTENOREM CHARTAE CONFECTAE. \nsecundum consuetudinem manerii (si-k.m-dam kon\nSW;J-t[y]oo-d;J-nam ma-neer-ee-I). [Law Latin] Hist. \nAccording to the custom of the manor. \nsecundum formam chartae (si-kan-dam for-mam kahr\ntee). [Law Latin] Hist. According to the form of the \ncharter. \nsecundum formam doni (si-hn-dam for-mam doh-ill). \n[Latin] Hist. According to the form of the gift or \ngrant. \nsecundum formam statuti (si-kan-dam for-mam sta-t[y] \noo-tr). [Law Latin] Hist. According to the form of the \nstatute. \nsecundum legem communem (si-kan-dam lee-jam \nka-myoo-nam). [Law l.atin] Hist. According to the \ncommon law. \nsecundum legem domicilii, velloc; contractus (sa-kan\ndam lee-jam dom-a-sil-ee-I, velloh-sI kan-trak-tas). \n[Law Latin] Hist. According to the law of the domicile \nor of the place where the contract was entered into. See \nLEX LOCI CONTRACTUS. \nsecundum materiam subjectam (sa-hn-dam ma-teer\nee-am sab-jek-tam). [Latin] Hist. According to the \nsubject matter. \nsecundum naturam. [Latin] According to nature. \nsecundum norm am legis (si-kan-dam nor-mam lee-jis). \n[Latin] Hist. According to the rule of law; by rule of \nlaw. \nsecundum regulam (si-kan-dam reg-p-Iam). [Latin] \nHist. According to the rule; by rule. \nsecundum subjectam materiam (si-kan-dam sab-jek\ntam ma-teer-ee-am). [Law Latin] Hist. According to \nthe subject matter. \nsecundum tenorem chartae confectae (sa-kan\ndam ta-nor-am kahr-tee kan-fek-tee). [Latin] Hist. \n\nAccording to the tenor of the charter already granted. ! Securities and Exchange Commission. The five-member \nCf. SECUNDUM CHARTAM CONFICIENDAM. \nsecundum vires hereditatis (s;J-kan-d;Jm VI-reez h;J-red\ni-tay-tis). [Law Latin] Rist. According to the extent of \nthe inheritance. \nsecundum vires inventarii (sa-k;m-dam VI-reez in-ven\ntair-ee-I). [Law Latin] Hist. According to the extent of \nthe inventory. \nsecured, adj. (1875) 1. (Of a debt or obligation) supported \nor backed by security or collateraL [Cases: Secured \nTransactions C=>2.] 2. (Of a creditor) protected by a \npledge, mortgage, or other encumbrance of property \nthat helps ensure financial soundness and confidence. \nSee SECURITY. [Cases: Mortgages \nsecured bond. See BOND (3). \nsecured claim. See CLAIM (5). \nsecured creditor. See CREDITOR. \nsecured debt. See DEBT. \nsecured loan. See LOAN. \nsecured note. See NOTE (1). \nsecured party. See secured creditor under CREDITOR. \nsecured transaction. (1936) A business arrangement \nby which a buyer or borrower gives collateral to the \nseller or lender to guarantee payment ofan obligation. \n-Article 9 ofthe UCC deals with secured transactions. \nSee SECURITY AGREEMENT. [Cases: Secured Transac\ntions C~l.] \nsecuritas (si-kyoor-i-tas), n. [Latin) 1. Roman law. \nSecurity; freedom from liability after performance. 2. \nCivil law. A release. \nsecuritatem inveniendi (si-kyoor-i-tay-tam in-vee-nee\nen-dI), n. [Law Latin] Hist. A writ from the Crown \nrequiring subjects to find security to ensure that they \nwould not leave the kingdom without the Crown's per\nmission. _ It was replaced by ne exeat regno. See NE \nEXEAT. \nsecuritate pads (si-kyoor-i-tay-tee pay-sis), n. [Law Latin \n\"of security of the peace\"] Hist. A writ for someone \nfearing bodily harm from another, as when the person \nhas been threatened with violence. -Also termed secu\nritatis pads; writ ofthreats. \nsecurities act. (1933) A federal or state law protecting \nthe public by regulating the registration, offering, and \ntrading of securities. See SECURITIES ACT OF 1933; \nSECURITIES EXCHANGE ACT OF 1934; BLUE-SKY LAW. \nSecurities Act of 1933. The federal law regulating the \nregistration and initial public offering of securities, \nwith an emphasis on full publk disclosure of financial \nand other information. 15 USCA  77a-77aa. -Also \ntermed Securities Act; 1933 Act. [Cases: Securities Reg\nulation C=>11.10-30.15.] \nsecurities analyst. A person, usu. an employee ofa bank, \nbrokerage, or mutual fund, who studies a company and \nreports on the company's securities, financial condi\ntion, and prospects. federal agency that regulates the issuance and trading \nofsecurities to protect investors against fraudulent or \nunfair practices. -The Commission was established \nby the Securities Exchange Act of 1934. --Abbr. SEC. \n[Cases: Securities Regulation C::>81-89.J \nSecurities and Investment Board. See FINANCIAL \nSERVICES AGENCY. Abbr. SIB. \nsecurities broker. See BROKER. \nsecurities exchange. (1909) 1. A marketplace or facility \nfor the organized purchase and sale of securities, esp. \nstocks. 2. A group of people who organize themselves \nto create such a marketplace; EXCHANGE (5). -Often \nshortened to exchange. Also termed stock exchange. \n[Cases: Exchanges C::> 1.J \nregional securities exchange. A securities exchange \nthat focuses on stocks and bonds oflocal interest, \nsuch as the Boston, Philadelphia, and Midwest stock \nexchanges. -Also termed regional stock exchange. \nSecurities Exchange Act of 1934. The federal law reg\nulating the public trading of securities. -This law \nprovides for periodic disclosures by issuers ofsecurities \nand for the registration and supervision of securities \nexchanges and brokers, and regulates proxy solicita\ntions. The Act also established the SEC. 15 USCA  78a \net seq. -Also termed Exchange Act; 1934 Act. [Cases: \nSecurities Regulation C=>35.l0-67.15.] \nSecurities Investor Protection Act. A 1970 federal law \nestablishing the Securities Investor Protection Cor\nporation that, although not a governmental agency, \nis deSigned to protect investors whose brokers and \ndealers are in financial trouble. -Abbr. SIPA. 15 \nUSCA  78aaa et seq. [Cases: Securities Regulation \nC=> 185.10-185.21.] \nSecurities Investor Protection Corporation. A federally \nchartered corporation established under the Securities \nInvestor Protection Act to protect investors and help \nbrokers in financial trouble. -Abbr. SIPe. See SECU\nRITIES INVESTOR PROTECTION ACT. [Cases: Securities \nRegulation (;:)185.11.] \nsecurities-offering distribution. See DISTRIBUTION. \nsecuritizable, adj. 1. Of, relating to, or constituting the \nclass of obligations that a creditor (originator) may \npackage and sell to others for corporate purposes. 2. \n(Of an asset) capable of being rapidly converted to \ncash, as with commercial-loan receivables and trade \naccounts receivable. \nsecuritize, vb. To convert (assets) into negotiable secu\nrities for resale in the financial market, allOWing the \nissuing financial institution to remove assets from its \nbooks, and thereby improve its capital ratio and liquid\nity, and to make new loans with the security proceeds \nifit so chooses. securitized, adj. -securitization, \nn. \nsecurity, n. (15c) 1. Collateral given or pledged to guaran\ntee the fulfillment ofan obligation; esp., the assurance \nthat a creditor will be repaid (usu. with interest) any \n\nmoney or credit extended to a debtor. [Cases: Secured \nTransactions 115.]2. A person who is bound by \nsome type of guaranty; SURETY. 3. The state of being \nsecure, esp. from danger or attack. 4. An instrument \nthat evidences the holder's ownership rights in a firm \n(e.g., a stock), the holder's creditor relationship with a \nfirm or government (e.g., a bond), or the holder's other \nrights (e.g., an option). - A security indicates an interest \nbased on an investment in a common enterprise rather \nthan direct participation in the enterprise. Under an \nimportant statutory definition, a security is any interest \nor instrument relating to finances, including a note, \nstock, treasury stock, bond, debenture, evidence of \nindebtedness, certificate ofinterest or participation in \na profit-sharing agreement, collateral trust certificate, \npreorganization certificate or subscription, transfer\nable share, investment contract, voting trust certificate, \ncertificate ofdeposit for a security, fractional undivided \ninterest in oil, gas, or other mineral rights, or certificate \nof interest or participation in, temporary or interim \ncertificate for, receipt for, guarantee of, or warrant or \nright to subscribe to or purchase any ofthese things. A \nsecurity also includes any put, call, straddle, option, or \nprivilege on any security, certificate of deposit, group \nor index of securities, or any such device"}
{"text": ", option, or \nprivilege on any security, certificate of deposit, group \nor index of securities, or any such device entered into \non a national securities exchange, relating to foreign \ncurrency. 15 USCA  77b(1). Also termed (in sense \n4) evidence ofindebtedness; evidence ofdebt. Cf. SHARE \n(2); STOCK (4). [Cases: Corporations C::>63.1, 470; Secu\nrities Regulation 249.] \n\"Securities differ from most other commodities in which \npeople deal. They have no intrinsic value in themselves \nthey represent rights in something else. The value of a \nbond, note or other promise to pay depends on the finan\ncial condition of the promisor. The value of a share of \nstock depends on the profitability or future prospects of \nthe corporation or other entity which issued it; its market \nprice depends on how much other people are willing to \npay for it, based on their evaluation of those prospects.\" \nDavid L. Ratner, Securities Regulation in a .Nutshell1 (4th \ned. 1992). \n\"What do the following have in common: scotch whisky, \nself-improvement courses, cosmetics, earthworms, \nbeavers, muskrats, rabbits, chinchillas, fishing boats, \nvacuum cleaners, cemetery lots, cattle embryos, master \nrecording contracts, animal feeding programs, pooled \nlitigation funds, and fruit trees? The answer is that they \nhave all been held to be seCUrities within the meaning of \nfederal or state securities statutes. The vast range of such \nunconventional investments that have fallen within the \nambit of the securities laws' coverage is due to the broad \nstatutory definition of a 'security' ....\" 1 Thomas Lee \nHazen, Treatise on the Law of Securities Regulation  1.5, \nat 28-29 (3d ed. 1995). \nadjustment security. A stock or bond that is issued \nduring a corporate reorganization. _ The security \nholders' relative interests are readjusted during this \nprocess. \nassessable security. A security on which a charge or \nassessment covering the obligations of the issuing \ncompany is made. _ Bank and insurance-company \nstock may be assessable. asset-backed security. A debt security (such as a bond) \nthat is secured by assets that have been pooled and \nsecured by the assets from the pool. \nbearer security. An unregistered security payable to the \nholder. Cf. bearer bond under BOND (3). \ncallable security. See redeemable security. \ncertificated security. A security that is a recognized \ninvestment vehicle, belongs to or is divisible into a \nclass or series of shares, and is represented on an \ninstrument payable to the bearer or a named person. \nUCC  8-102(1)(4). [Cases: Corporations <;::)94.] \ncollateral security. 1. A security, subordinate to \nand given in addition to a primary security, that is \nintended to guarantee the validity or convertibility \nofthe primary security. 2. COLLATERAL (2). \nconsolidated security. (usu. pl.) A security issued in \nlarge enough numbers to provide the funds to retire \ntwo or more outstanding issues of debt securities. \nconversion security. The security into which a convert\nible security may be converted, usu. common stock. \nconvertible security. A security (usu. a bond or pre\nferred stock) that may be exchanged by the owner \nfor another security, esp. common stock from the \nsame company, and usu. at a fixed price on a speci\nfied date. -Also termed (specif.) convertible debt; \nconvertible stock. [Cases: Securities Regulation \n53.16(10).] \ncoupon security. A security with detachable interest \ncoupons that the holder must present for payment as \nthey mature. _ Coupon securities are usu. in denom\ninations of $1,000, and they are negotiable. [Cases: \nCorporations \ndebt security. A security representing funds borrowed \nby the corporation from the holder of the debt obli\ngation; esp., a bond, note, or debenture. -Generally, \na debt security is any security that is not an equity \nSee BOND (3). [Cases: Securities Regulation \n5.13,250.] \ndematerialized security. See uncertificated security. \nderivative security. See DERIVATIVE. \ndivisional security. A special type ofsecurity issued to \nfinance a particular project. \nequity security. A security representing an ownership \ninterest in a corporation (such as a share of stock) \nrather than a debt interest (such as a bond); any stock \nor similar security, or any security that is convertible \ninto stock or similar security or carrying a warrant \nor right to subscribe to or purchase stock or a similar \nsecurity, and any such warrant or right. [Cases: Cor\nporations C::>63.1; Securities Regulation \nexempt security. A security that need not be registered \nunder the provisions ofthe Securities Act of 1933 and \nis exempt from the margin requirements ofthe Secu\nrities Exchange Act of1934. [Cases: Securities Regula\ntion C::> 14.10-14.40.] \n\n1477 security \nfixed-income security. A security that pays a fixed rate \nof return, such as a bond with a fixed interest rate or \na preferred stock with a fixed dividend. \ngovernment security. A security issued by a govern\nment, a government agency, or a government corpora\ntion; esp., a security (such as a Treasury bill) issued by \na U.S. government agency, with the implied backing of \nCongress. -Also termed government-agency security; \nagency security; government bond. [Cases: Securities \nRegulation C=o5.29; United States C-::>91.] \nheritable security. Scots law. A debt instrument secured \nby a charge on heritable property. Also termed \ninheritable security. See heritable bond under BOND \n(2). \nhigh-grade security. A security issued by a company \nof sound financial condition and having the ability \nto maintain good earnings (e.g., a utility company \nsecurity). \nhybrid security. A security with features of both a \ndebt instrument (such as a bond) and an equity \ninterest (such as a share of stock). An example of a \nhybrid security is a convertible bond, which can be \nexchanged for shares in the issuing corporation and \nis subject to stock-price fluctuations. \ninvestment security. An instrument issued in bearer \nor registered form as a type commonly recognized \nas a medium for investment and evidencing a share \nor other interest in the property or enterprise of the \nissuer. [Cases: Securities Regulation C=o5.1O, 252.] \njunior security. A security that is subordinate to a \nsenior security. Junior securities have a lower \npriority in claims on assets and income. \nlanded security. A mortgage or other encumbrance \naffecting land. [Cases: Mortgages \nletter security. See restricted security. \nlisted security. A security accepted for trading on a \nsecurities exchange . The issuing company must \nhave met the SEC's registration requirements and \ncomplied with the rules ofthe particular exchange. \nAlso termed listed stock. See DELISTING. [Cases: \nExchanges C::>13.10.] \nlong-term security. 1. A new securities issue with an \ninitial maturity often years or more. 2. On a balance \nsheet, a security with a remaining maturity of one \nyear or more. \nlow-grade security. A security with low investment \nquality. Low-grade securities usu. offer higher \nyields to attract capital. See high-yield bond under \nBOND (3). \nmarginable security. A security that can be bought on \nmargin. -Also termed margin stock. See MARGIN. \nmargined security. A security that is bought on margin \nand that serves as collateral in a margin account. See \nMARGIN. marketable security. A security that the holder can \nreadily sell on a stock exchange or an over-the-coun\nter market. \nmortgage-backed security. A security (esp. a pass\nthrough security) backed by mortgages . The cash \nflow from these securities depends on principal and \ninterest payments from the pool of mortgages. See \nstripped mortgage-backed security. [Cases: Securities \nRegulation C=o5.13.] \nmunicipal security. See municipal bond under BOND \n(3). \nnoncallable security. A security that cannot be \nredeemed, or bought back, at the issuer's option. \nAlso termed (specif.) noncallable bond. \nnonmarketable security. 1. A security that cannot \nbe sold on the market and can be redeemed only by \nthe holder. 2. A security that is not of investment \nquality. \noutstanding security. A security that is held by an \ninvestor and has not been redeemed by the issuing \ncorporation. \npass-through security. A security that passes through \npayments from debtors to investors . Pass-through \nsecurities are usu. assembled and sold in packages to \ninvestors by private lenders who deduct a service fee \nbefore passing the principal and interest payments \nthrough to the investors. \npersonal security. 1. An obligation for the repayment of \na debt, evidenced by a pledge or note binding a natural \nperson, as distinguished from property. 2. A person's \nlegal right to enjoy life, health, and reputation. \npublic security. A negotiable or transferable security \nthat is evidence ofgovernment debt. \nreal security. The security of mortgages or other liens \nor encumbrances upon land. See COLLATERAL (2). \n[Cases: Mortgages C=o 1.] \nredeemable security. Any security, other than a short\nterm note, that, when presented to the issuer, entitles \nthe holder to receive a share ofthe issuer's assets or the \ncash equivalent. Also termed callable security. \nregistered security. 1. A security whose owner is \nrecorded in the issuer's books . The issuer keeps a \nrecord ofthe current owners for purposes ofsending \ndividends, interest payments, proxies, and the like. 2. \nA security that is to be offered for sale and for which \na registration statement has been submitted. -Also \ntermed (specif.) registered stock. [Cases: Securities \nRegulation C~11.10-11.50.] \nrestricted security. A security that is not registered with \nthe SEC and therefore may not be sold publicly unless \nspecified conditions are met.  A restricted security \nis usu. acquired in a non public transaction in which \nthe buyer gives the seller a letter stating the buyer's \nintent to hold the stock as an investment rather than \nresell it. Also termed restricted stock; letter security; \nletter stock; unregistered security. \n\n1478 security agreement \nsenior security. A security of a class having priority \nover another class as to the distribution of assets or \nthe payment ofdividends. 15 USCA  77r(d)(4). \nshelf security. A security that is set aside for shelf reg\nistration. \nshort-term security. A bond or note that matures and is \npayable within a brief period (often one year). \nspeculative security. A security that, as an invest\nment, involves a risk ofloss greater than would usu. \nbe involved; esp., a security whose value depends on \nproposed or promised future promotion or develop\nment, rather than on present tangible assets or con\nditions. \nstripped mortgage-backed security. A derivative \nsecurity providing distributions to classes that receive \ndifferent proportions ofeither the principal or interest \npayments from a pool of mortgage-backed securi\nties. -Abbr. 5MBS. See mortgage-backed security. \nstructured security. (usu. pl.) 1. A security whose cash\nflow characteristics depend on one or more indexes, \nor that has an embedded forward or option. 2. A \nsecuritv for which an investor's investment return and \nthe iss~er's payment obligations are contingent on, or \nhighly sensitive to, changes in the value ofthe under\nlying assets, indexes, interest rates, or cash flows. SEC \nRule 434(h) (17 CFR  230.434(h. \ntreasury security. See treasury stock under STOCK. \nuncertificated security. A share or other interest in \nproperty or an enterprise, or an obligation of the \nissuer that is not represented by an instrument but is \nregistered on the issuer's books. UCC  8-102(a)(18). \n This term was called uncertified security in earlier \nversions of the UCC. Also termed (in BrE) dema\nterialized security. \nunlisted security. An over-the-counter security that is \nnot registered with a stock exchange. -Also termed \nunlisted stock. \nunregistered security. See restricted security. \nvoting security. See voting stock under STOCK. \nwhen-issued security. A security that can be traded \neven though it has not yet been issued . Any transac\ntion that takes place does not become final until the \nsecurity is issued. \nworthless security. A security that has lost its value, for \nwhich a loss (usu. capital) is allowed for tax purposes. \nIRC (26 USCA)  165. [Cases: Internal Revenue \n3429.] \nzero-coupon security. A security (esp. a bond) that is \nissued at a large discount but pays no interest.  The \nface value of the bond is payable at maturity. \nsecurity agreement. An agreement that creates or \nprOVides for an interest in specified real or personal \nproperty to guarantee the performance ofan obligation. \n It must provide for a security interest, describe the \ncollateral, and be signed by the debtor. The agreement may include other important covenants and warranties. \n[Cases: Secured Transactions (;::::-'41-51.] \nSecurity Council. A principal organ of the United \nNations, consisting offive permanent members (China, \nFrance, Russia, the United Kingdom, and the United \nStates) and ten additional members elected at stated \nintervals, charged with the responsibility of main\ntaining international peace and security, and esp. of \npreventing or halting wars by diplomatic, economic, \nor military action . The nonpermanent members are \nelected from each of the world's major regions, based \non a distribution formula. [Cases: International Law \n(;:::>10.45.] \nsecurity deposit. See DEPOSIT (3). \nsecurity for costs. (l7c) Money, property, or a bond given \nto a court by a plaintiff or an appellant to secure the \npayment ofcourt costs ifthat party loses. [Cases: Costs \n(;::::-105,302; Federal Civil Procedure <"}
{"text": "ifthat party loses. [Cases: Costs \n(;::::-105,302; Federal Civil Procedure <8=>2732.] \nsecurity grade. See SECURITY RATING. \nsecurity grading. See SECURITY RATING. \nsecurity interest. (1951) A property interest created by \nagreement or by operation oflaw to secure performance \nofan obligation (esp. repayment ofa debt) . Although \nthe UCC limits the creation of a security interest to \npersonal property, the Bankruptcy Code defines the \nterm to mean \"a lien created by an agreement.\" 11 \nUSCA  101(51). [Cases: Secured Transactions C=)2, \n11.] \nperfected security interest. (1955) A security interest \nthat complies with the statutory requirements for \nachieving priority over a trustee in bankruptcy and \nunperfected interests . A perfected interest may also \nhave priority over another interest that was perfected \nlater in time. See PERFECT. [Cases: Bankruptcy \n2952; Secured Transactions <8=>81-96, 138-145.] \npurchase-money security interest. (1957) A security \ninterest that is created when a buyer uses the lender's \nmoney to make the purchase and immediately gives \nthe lender security by using the purchased property \nas collateral (UeC  9-107); a security interest that \nis either (1) taken or retained by the seller of the col\nlateral to secure all or part ofits price or (2) taken by \na person who by making advances or incurring an \nobligation gives value to enable the debtor to acquire \nrights in or the use ofcollateral if that value is in fact \nso used . Ifa buyer's purchase ofa boat, for example, \nis financed by a bank that loans the amount of the \npurchase price, the bank's security interest in the boat \nthat secures the loan is a purchase-money security \ninterest. Abbr. PMSI. -Also termed purchase\nmoney interest. [Cases: Secured Transactions \n146.] \nunperfected security interest. (1957) A security interest \nheld by a creditor who has not established priority \nover any other creditor. -The only priority is over the \ndebtor. [Cases: Secured Transactions <8=> 139.] \n\n1479 \nsecurity rating. 1. The system for grading or classifying a \nsecurity by financial strength, stability, or risk. Firms \nsuch as Standard and Poor's and Moody's grade securi\nties. Also termed security grade; security grading; \nsecurity rate. 2. The classification that a given security \nis assigned to under this system. \nsecus (see-kas). [Latin] Otherwise; to the contrary. \nsedato animo (5i-day-toh an-a-moh). [Latin] With stated \nor settled purpose. \nse defendendo (see def-en-den-doh), adv. [Law Latin] In \nself-defense; in defending oneself <homicide se defen\ndendo>. \n\"Homicide se defendendo is of two kinds. (1) Such, as tho \nit excuseth from death, yet it excuseth not the forfeiture \nof goods, ... (2) Such as wholly acquits from all kinds of \nforfeiture.\" 1 Hale P.c. 478. \nsedentary work. See WORK (1). \nsedente curia (si-den-tee kyoor-ee-d). [Latin]lhe court \nsitting; during the court sitting. \nsede plena (see-dee plee-nd). [Latin] Hist. The see being \nfilled. This term indicated that a bishop's see was not \nvacant. \nsederunt. See ACT OF SEDERUNT. \nsedes (see-deez), n. [Latin \"a seat\"] 1. Roman law. A \nprivate residence. 2. Roman law. Judicial office; the \nbench. 3. Hist. A see; a bishop's dignity. \nsede vacante (see-dee vd-kan-tee). [Law Latin] Hist. The \nbenefice being vacant. \nsedge flat. A tract ofland below the high-water mark. \nsedition, n. (l4c) 1. An agreement, communication, or \nother preliminary activity aimed at inciting treason \nor some lesser commotion against public authority. 2. \nAdvocacy aimed at inciting or producing -and likely \nto incite or produce -imminent lawless action . At \ncommon law, sedition included defaming a member \nof the royal family or the government. The differ\nence between sedition and treason is that the former \nis committed by preliminary steps, while the latter \nentails some overt act for carrying out the plan. But \nif the plan is merely for some small commotion, even \naccomplishing the plan does not amount to treason. \nCf. TREASON. [Cases: Insurrection and Sedition \n1.] -seditious, adj. \n\"Sedition -This, perhaps the very vaguest of all offences \nknown to the Criminal Law, is defined as the speaking or \nwriting of words calculated to excite disaffection against \nthe Constitution as by law established, to procure the \nalteration of it by other than lawful means, or to incite \nany person to commit a crime to the disturbance of the \npeace, or to raise discontent or disaffection, or to promote \nill-feeling between different classes of the community. A \ncharge of sedition is, historically, one ofthe chief means by \nwhich Government, especially at the end of the eighteenth \nand the beginning of the nineteenth century, strove to put \ndown hostile critics. It is evident that the vagueness of the \ncharge is a danger to the liberty of the subject, especially if \nthe Courts ofJustice can be induced to take a view favour\nable to the Government.\" Edward Jenks, The Book ofEnglish \nLaw 136 (P.B. Fairest ed., 6th ed. 1967). segregation \nSedition Act. Hist. A 1798 federal statute that prohibited \nthe malicious publication ofdefamatory material about \nthe government, Congress, or the President.  The act \nexpired in 1801. \nseditious conspiracy. See CONSPIRACY. \nseditious libel. See LIBEL. \nseditious speech. See SPEECH. \nsed non allocatur (sed non al-a-kay-tar). [Law Latin] \nHist. But it is not allowed or upheld. This phrase was \nformerly used to indicate the court's disagreement with \nthe arguments ofcounsel. \nsedper curiam (sed pdr kyoor-ee-dm). [Latin] But by the \ncourt.  This phrase is used to introduce: (1) a state\nment made by the court disagreeing with counsel's \narguments; or (2) the opinion ofthe whole court when \ndifferent from the opinion ofthe single judge immedi\nately before quoted. \nsed quaere (sed kweer-ee). [Latin] But inquire; examine \nthis further. This remark indicates that the correct\nness ofa particular statement is challenged. \nseduction. (16c) The offense that occurs when a man \nentices a woman ofpreviously chaste character to have \nunlawful intercourse with him by means of persua\nsion, solicitation, promises, or bribes, or other means \nnot involving force . Many states have abolished this \noffense for persons over the age oflegal consent. Tra\nditionally, the parent ofa young woman had an action \nto recover damages for the loss of her services. But in \nmeasuring damages, the jury could consider not just \nthe loss of services but also the distress and anxiety \nthat the parent had suffered in being deprived ofher \ncomfort and companionship. 1bough seduction was \nnot a crime at common law, many American states \nmade it a statutory crime until the late 20th century. \n[Cases: Seduction <:;:::029-54.] \nsed vide (sed VI-dee). [Latin] But see. This remark, \nfollowed by a citation, directs the reader's attention to \nan authority or a statement that conflicts with or con\ntradicts the statement or principle just given. Also \ntermed but see. \nsee, n. The area or district ofa bishop's jurisdiction <the \nsee ofCanterbury>. \nseed money. Start-up money for a business venture. \nAlso termedfront money;front-end money. \nseeming danger. See DANGER. \nsegregation, n. (16c) 1. 1he act or process of separat\ning. \npunitive segregation. (1958) The act of removing a \nprisoner from the prison population for placement \nin separate or solitary confinement, usu. for disciplin\nary reasons. -Also termed punitive isolation. [Cases: \nPrisons <:;:::0 231.] \n2. The unconstitutional policy of separating people \non the basis of color, nationality, religion, or the \nlike. [Cases: Civil Rights lO33(1, 1); Constitu\n\ntional Law Schools C=> 13(5).J segregate, \nvb. -segregative, adj. \nde facto segregation. (1958) Segregation that occurs \nwithout state authority, usu. on the basis of socio\neconomic factors. [Cases: Civil Rights 1033(1); \nSchools (;::::::'13(5).] \nde jure segregation. (1963) Segregation that is permit\nted by law. [Cases: Civil Rights C=> 1033(1); Schools \nC=>13(5).] \nseignior (seen-yar), n. [Law French] Hist. An owner of \nsomething; a lord of a fee or manor. -Also spelled \nseigneur (seen- or sayn-yar); seign or. See SEIGNIORY. \nseignior in gross (seen-Ydr in grohs), n. [Law French] \nA lord having no manor but enjoying the other rights \noflordship. \nseigniorage (seen-pr-ij), n. [Law French] 1. Hist. 1he \ntenure existing between lord and vassal. 2. Hist. A pre\nrogative of the Crown; specif., the charge for coining \nbullion into money; mintage. 3. A royalty. 4. A profit. \nseignioress (seen-Ydr-es or -is), n. [Law French] Hist. A \nfemale superior; a lady. \nseigniory (seen-yar-ee), n. [Law French] Hist. 1. The \nrights and powers of a lord; esp., a grantor's retained \nright to have the grantee perform services in exchange \nfor the transfer ofland. 2. A lord's dominions; a feudal \nor manor lordship; esp., land held subject to such a \nretained right in the grantor. -Also spelled seignory. \nseigniory in gross (seen-Ydr-ee in grohs). See reputed \nmanor under MANOR. \nseignory. See SEIGNIORY. \nseise (seez), vb. To invest with seisin or establish as a \nholder in fee simple; to put in possession <he became \nseised ofhalf a section of farmland near Amarillo>. \nseised to uses. See STANDING SEISED TO USES. \nseisin (see-zin), n. (14c) 1. Hist. Completion of the \nceremony of feudal investiture, by which the tenant \nwas admitted into freehold. 2. Possession ofa freehold \nestate in land; ownership. 3. Louisiana law. The right \nthat the law accords universal successors to own and \npossess a person's estate directly and immediately upon \nthat person's death. La. Civ. Code arts. 935 et seq. \nAlso spelled seizin. Also termed vesture; seisina; (in \nScots law) sasine. [Cases; Property C:::> 10.] \n\"Originally, seisin meant simply possession and the word \nwas applicable to both land and chattels. Prior to the four\nteenth century it was proper to speak of a man as being \nseised of land or seised of a horse. Gradually, seisin and \npossession became distinct concepts. A man could be said \nto be in possession of chattels, or of lands wherein he had \nan estate for years, but he could not be said to be seised \nof them. Seisin came finally to mean, in relation to land, \npossession under claim of a freehold estate therein. The \ntenant for years had possession but not seisin; seisin was \nin the reversioner who had the fee. And although the word \n'seisin' appears in modern statutes with a fair degree of \nfrequency, it is usually treated as synonymous with owner \nship.\" CorneliusJ. Moynihan, Introduction to the Law ofReal \nProperty 98-99 (2d ed. 1988). \n\"It is difficult to define seisin satisfactorily. It has nothing \nto do with 'seizing,' with its implication of violence. To medieval lawyers it suggested the very opposite: peace \nand quiet. A man who was put in seisin of land was 'set' \nthere and continued to 'sit' there. Seisin thus denotes quiet \npossession of land, but quiet possession of a particular \nkind. .. Although it seems impossible to frame a satisfac\ntory definition ... , to call it 'that feudal possession of land \nwhich only the owner of a freehold estate in freehold land \ncould have' is to express the most important elements.\" \nRobert E. Megarry & M.P. Thompson, A Manual of the Law \nof Reai Property 27-28 (6th ed. 1993). \nactual seisin. See seisin in deed. \nconstructive seisin. See seisin in law. \ncovenant ofseisin. See COVENANT (4). \ncustomary seisin. See quasi-seisin. \nequitable seisin. 1. Possession or enjoyment of a \nproperty interest or right enforceable in equity. 2. \nSee seisin in law. \nfictitious seisin. See seisin in law. \nlegal seisin. See seisin in law. \nlivery ofseisin. See LIVERY OF SEISIN. \nprimer seisin (prim-<)r orprI-m<)r see-zin). Hist. A right \nof the Crown to receive, from the heir ofa tenant who \ndied in possession ofa knight's fee, one year's profits \nof the inherited estate (or half a year's profits if the \nestate was in reversion); FIRST FRUITS (1). \nquasi-seisin. A copyholder's possession of lands, the \nfreehold possession being in the lord. -Also termed \ncustomary seisin. \nseisin in deed. (17c) Actual possession of a freehold \nestate in land, by oneself or by one's tenant or agent, as \ndistinguished from legal possession. Also termed \nseisin in fact; actual seisin."}
{"text": "'s tenant or agent, as \ndistinguished from legal possession. Also termed \nseisin in fact; actual seisin. [Cases; Property C=> 10.] \nseisin infact. See seisin in deed. \nseisin in law. (l7e) The right to immediate possession \nof a freehold estate in land, as when an heir inherits \nland but has not yet entered it. -Also termed legal \nseisin; constructive seisin; equitable seisin; fictitious \nseisin. [Cases: Property C=> 10.] \n\"Seisin in law is, when something is done, which the law \naccounteth a seisin; as an inrollment.\" 2 E. Chambers, \nCyclopedia: Or, an Universal Dictionary ofArts and Sciences \n(1743), s.v. SEISIN 'N FACT. \nseisina (see-zin-<), n. [Law Latin] Hist. Seisin. \nseisina habenda (see-zin-d ha-ben-d<)). See DE SEISINA \nHABENDA. \nseisor (see-zar), n. One who takes possession of a \nfreehold. \nseize, vb. (Be) 1. To forcibly take possession (of a person \nor property). 2. To place (someone) in possession. 3. To \nbe in possession (of property). 4. To be informed of or \naware of (something). See SEISIN; SEIZURE. \nseizin. See SEISIN. \nseizure, n. (15c) The act or an instance oftaking posses\nsion of a person or property by legal right or process; \nesp., in constitutional law, a confiscation or arrest that \nmay interfere with a person's reasonable expectation of \n\nprivacy. [Cases: Arrest ~68(4); Searches and Seizures \n(.':::>13.1.] \nconstructive seizure. A manifest intent to seize and take \npossession of another person's property, usu. either \nby lawfully acquiring actual custody and control of \nthe property or by posting notice of the property's \npending foreclosure. [Cases: Attachment C=> 162; \nExecution C=> 126.] \nselect committee. See special committee under COMMIT\nTEE. \nselect council. See COUNCIL. \nselecti judices (si-Iek-tI joo-di-seez). [Latin] Roman law. \nJurors on the official panel prepared by the praetor, \nwho for a specific trial were drawn by lot subject to \nchallenge and sworn to office in a similar manner to \nmodern juries. \nselective disclosure. (1963) The act ofdivulging part ofa \nprivileged communication, or one ofseveral privileged \ncommunications, usu. because the divulged portion \nis helpful to the party giving the information, while \nharmful portions ofthe communication are withheld. \n-Such a disclosure can result in a limited waiver ofthe \nprivilege for all communications on the same subject \nmatter as the divulged portion. [Cases: Privileged Com\nmunications and ConfidentialityC=>20.] \nselective-draft law. A statute empowering the federal \ngovernment to conscript citizens for military duty. \nThe constitutionality of the first selective-draft law \nwas challenged and upheld in the Selective-Draft-Law \nCases. See Arver v. United States, 245 U.S. 366, 38 S.Ct. \n159 (1918). [Cases: Armed Services C=>20, 40.1.] \nselective enforcement. (1958) The practice of law\nenforcement officers who use wide or even unfettered \ndiscretion about when and where to carry out certain \nlaws; esp., the practice ofsingling a person out for pros\necution or punishment under a statute or regulation \nbecause the person is a member of a protected group \nor because the person has exercised or is planning to \nexercise a constitutionally protected right. -Also \ntermed selective prosecution. Cf. vindictive prosecution \nunder PROSECUTION. [Cases: Constitutional Law \n223,250.1(3); Criminal Law C=>37.1O.] \n\"The chief of police of a New England town once declared to \nthe press that he believed in a strict curfew law, 'selectively \nenforced.' 'Selective enforcement' in this case means that \nthe policeman decides for himself who ought to be sent \nhome from the street; legislative candour would suggest \nthat if this is the intention it ought to be expressed in the \nlaw itself, instead of being concealed behind words that \nare 'strict' and categorical.\" Lon L. Fuller, Anatomy of the \nLaw 42 (1968). \nselective incorporation. See INCORPORATION. \nselective prosecution. (1967) I. SELECTIVE ENFORCE\nMENT. 2. The practice or an instance ofa criminal pros\necution brought at the discretion ofa prosecutor rather \nthan one brought as a matter of course in the normal \nfunctioning of the prosecuting authority's office. _ \nSelective prosecution violates the Equal Protection \nClause of the Fourteenth Amendment if a defendant is singled out for prosecution when others Similarly \nsituated have not been prosecuted and the prosecutor's \nreasons for doing so are impermissible. \nselective prospectivity. (1991) A court's decision to apply \na new rule oflaw in the particular case in which the new \nrule is announced, but to apply the old rule in all other \ncases pending at the time the new rule is announced \nor in which the facts predate the new rule's announce\nment. [Cases: Courts C=' 100(1).] \ni Selective Service System. The federal agency that reg\nisters all persons 18-26 who are eligible for military \nservice military service and prOVides personnel to the \ni \tArmed Forces during emergencies . It was established \nin 1940 as a part of the War Manpower Commission \nand became independent in 1943. -Abbr. SSS. [Cases: \nArmed Services C~\\20.8.1 \nI selectman. A municipal officer elected annually in some \nNew England towns to transact business and perform \nsome executive functions. [Cases: Towns C=>26.] \nself-applying, adj. (1894) (Of a statute, ordinance, etc.)  \n! \trequiring no more for interpretation than a familiarity \nwith the ordinary meanings of words.i \nself-authentication. See AUTHENTICATION. \nself-canceling installment note. See NOTE (1). \nself-crimination. See SELF-INCRIMINATION. \nself-critical-analysis privilege. See PRIVILEGE (3). \nself-dealing, n. (1940) Participation in a transaction that \nbenefits oneself instead ofanother who is owed a fidu\nciary duty . For example, a corporate director might \nengage in self-dealing by participating in a compet\ning business to the corporation's detriment. Cf. FAIR \nDEALING (1), (2). [Cases: Corporations ~315,316.]\nself-deal, vb. \nself-defense, n. (1651) 1. The use of force to protect \noneself, one's family, or one's property from a real or \nthreatened attack.  Generally, a person is justified in \nusing a reasonable amount of force in self-defense if \nhe or she reasonably believes that the danger ofbodily \nharm is imminent and that force is necessary to avoid \nthis danger. Also termed defense ofseif. Cf. adequate \nprovocation under PROVOCATION. [Cases: Assault and \nBattery c= 13, 67; Homicide C:;>766.J \n'The law of self-defence, as it is applied by the courts, turns \non two requirements: the force must have been necessary, \nand it must have been reasonable.\" Andrew Ashworth, Prin\nciples ofCriminal Law 114 (1991). \nimperfect self-defense. (1882) The use of force by one \nwho makes an honest but unreasonable mistake that \nforce is necessary to repel an attack. -In some juris\ndictions, such a self-defender will be charged with \na lesser offense than the one committed. [Cases: \nHomicide C'J686.] \nperfect self-defense. (1883) The use offorce by one who \naccurately appraises the necessity and the amount of \nforce to repel an attack. \n2. Int'I law. The right ofa state to defend itself against a \nreal or threatened attack. See United Nations Charter, \n\nart. 51 (59 Stat. 1031). -Also spelled (esp. in BrE) self\ndefence. self-defender, n. \n\"Self-defence, properly understood, is a legal right, and \nas with other legal rights the question whether a specific \nstate of facts warrants its exercise is a legal question. It is \nnot a question on which a state is entitled, in any special \nsense, to be ajudge in its own cause.\" J.L Brierly, The Law \nofNations 319 (5th ed. 1955). \nself-destruct clause. A provision in a trust for a con\ndition that will automatically terminate the trust. \nDiscretionary trusts, esp. supplemental-needs trusts, \noften include a self-destruct provision. For example, \na trust to provide for the needs of a disabled person \nmay terminate ifthe beneficiary becomes ineligible for \na government-benefits program such as Medicaid. \nself-destruction. See SUICIDE (1). \nself-determination contract. See CONTRACT. \nself-determination election. See GLOBE ELECTION. \nself-disserving declaration. Hist. See declaration against \ninterest under DECLARATION (6). \nself-employed retirement plan. See KEOGH PLAN. \nself-employment tax. See TAX. \nself-evaluation privilege. See self-critical-analysis privi\nlege under PRIVILEGE (3). \nself-executing, adj. (1857) (Of an instrument) effective \nimmediately without the need of any type of imple\nmenting action <the wills had self-executing affidavits \nattached>. _ Legal instruments may be self-executing \naccording to various standards. l;or example, treaties \nare self-executing under the Supremacy Clause ofthe \nU.S. Constitution (art. VI,  2) if textually capable of \njudicial enforcement and intended to be enforced in \nthat manner. \nself-help, n. (1831) An attempt to redress a perceived \nwrong by one's own action rather than through the \nnormal legal process. -The UCC and other statutes \nprovide for particular self-help remedies (such as repos\nsession) if the remedy can be executed without breach\ning the peace. UCC  9-609. -Also termed self-redress; \nextrajudicial enforcement. [Cases: Secured Transactions \nC=228.] \n\"Notice to the debtor is generally not required prior to \nself-help repossession of collateral by the creditor upon \ndefault, although the provision for self-help repossession \nhas been held to violate due process requirements in some \ninstances, and states under the Uniform Consumer Credit \nCode require particular notice requirements. Furthermore, \nwhile the UCC generally does not require notice to the \ndebtor upon self-help repossession of the collateral upon \nthe debtor's default, the agreement between the parties \nmay require such notice prior to repossession.\" 68A Am. \nJur. 2d Secured Transactions  608, at 466 (1993). \nself-help remedy. See extrajudiCial remedy under \nREMEDY. \nself-incrimination. (1853) The act of indicating one's \nown involvement in a crime or exposing oneself to pros\necution, esp. by making a statement. -Also termed \nself-crimination; self-inculpation. See RIGHT AGAINST SELF-INCRIMINATION. [Cases: Criminal Law C='393; \nWitnesses C;)297.] \nSelf-Incrimination Clause. (1925) The clause of the \nFifth Amendment to the U.S. Constitution barring the \ngovernment from compelling criminal defendants to \ntestify against themselves. [Cases: Witnesses (;:=:>299.] \nself-inculpation. See SELF-INCRIMLNATION. \nself-induced frustration. See FRUSTRATION. \nself-induced intoxication. See voluntary intoxication \nunder INTOXICATION. \nself-insurance. See INSURANCE. \nself-insured retention. Insurance. The amount of an oth\nerwise-covered loss that is not covered by an insurance \npolicy and that usu. must be paid before the insurer \nwill pay benefits <the defendant had a $1 million CGL \npolicy to cover the loss, but had to pay a self-insured \nretention of $100,000, which it had agreed to so that \nthe policy premium would be lower>. Abbr. SIR. C( \nDEDUCTIBLE. [Cases: Insurance (;:=:>2283.] \nself-killing. See SUICIDE (1). \nself-liquidating mortgage. See amortized mortgage \nunder MORTGAGE. \nself-murder. See SUICIDE (1). \nself-policing privilege. See self-critical-analysis privilege \nunder PRIVILEGE (3). \nself-proved will. See WILL. \nself-proving affidavit. See AFFIDAVIT. \nself-redress. See SELF-HELP. \nself-regulation. See REGULATION (1). \nself-regulatory organization. A nongovernmental orga\nnization that is statutorily empowered to regulate its \nmembers by adopting and enforcing rules of conduct, \nesp. those governing fair, ethical, and efficient prac\ntices. Abbr. SRO. \nself-represented litigant. See PRO SE. \nself-serving declaration. See DECLARATION (6). \nself-settled trust. See TRUST. \nself-slaughter. See SUICIDE (1). \nself-stultification. (1862) The act or an instance of testi\nfying about one's own deficiencies. See STULTIFY. \nsell, vb. (bef. 12c) To transfer (property) by sale. \nseller. (l3c) 1. A person who sells or contracts to sell \ngoods; a vendor. UCC  2-103(l)(d). [Cases: Sales (;:=:> \n15.] 2. Generally, a person who sells anything; the \ntransferor of property in a contract of sale. \nseller's market. See MARKET"}
{"text": "person who sells anything; the \ntransferor of property in a contract of sale. \nseller's market. See MARKET. \nseller's option. See OPTION. \nselling agent. See AGENT (2). \nselling price. See sales price under PRICE. \nsell-off, n. A period when heavy pressure to sell causes \nfalling stock-market prices. \nsell order. See ORDER (8), \n\nsemble (sem-b;Jl). [Law French] (1817) It seems; it would \nappear <semble that the parties' intention was to create \na binding agreement> . This term is used chiefly to \nindicate an obiter dictum in a court opinion or to intro\nduce an uncertain thought or interpretation. -Abbr. \nsem.; semb. \nsemestria (si-mes-tree-;J), n. [Latin half-yearly matters\"] \nRoman law. The collected decisions ofRoman emperors, \nissued every six months. \nSemiconductor Chip Protection Act. Intellectual \nproperty. A 1984 statute protecting manufacturers \nagainst the unauthorized copying or use of semicon\nductor chips and the mask works used to manufacture \nthem. _ Semiconductor chips do not qualify for patent \nprotection since technological advancements are small \nand usu. obvious. Mask works are multi-layered, three\ndimensional templates used to produce semiconduc\ntor chips. Mask-work design is more functional than \nexpressive and so traditional copyright protection was \ninapplicable until 1984. The Act provides copyright \nprotection to the mask works for a period often years. \n17 USCA  901-914. -Abbr. SCPA. [Cases: Copy\nrights and Intellectual Property (::::::> lOA.] \nsemi-free software. Software that does not include \nsource code but comes with permission for individu\nals to use, copy, modify, and distribute the software \nfor nonprofit purposes. Cf. FREEWARE; PROPRIETARY \nSOFTWARE; SHAREWARE. \nsemi-matrimonium (sem-I ma-tr<l-moh-nee-am), n. \n[Latin] A half-marriage. \nseminary. 1. An educational institution such as a college, \nacademy, or other school; esp., one that trains students \nforthe clergy. [Cases: Colleges and Universities L] \n2. The building in which the institution performs its \nfunctions. \nseminaufragium (sem-I-naw-fray-jee-;Jm), n. [Latin] \nHist. A half-shipwreck, as when goods are cast over\nboard in a storm or when a damaged ship's repair costs \nare more than the ship's worth. \nsemiplena probatio (sem-I-plee-na proh-bay-shee-oh), \nn. [Latin] Half-proof. \n\"In actions of filiation, a pursuer was formerly entitled, on \nadducing a semiplena probatio, to her oath in supplement \nto prove that the defender was the father of her child. A \nsemiplena probatiowas such a proof as induced, not merely \na suspicion, but a reasonable beliefthat the pursuer's case \nwas wellfounded, and consisted generally of a proof of \nopportunity for connection, acts of familiarity on the part \nof the defender towards the pursuer, &c ....\" John Trayner, \nTravner's Latin Maxims 569 (4th ed. 1894). \nsemi-secret trust. See TRUST. \nsemi-skilled work. See WORK (1). \nsemper (sem-p;Jr). [LatinJ Always. -This term intro\nduces several Latin maxims, such as semper in dubiis \nbenigniora praeferenda sunt nn doubtful cases, the \nmore favorable constructions are always to be pre\nferred\"). semper paratus. A defendant's pleading that he or \nshe has always been ready to perform as the plaintiff \ndemanded. \nsenage (see-nij). [French] Money paid for synodals; trib\nute-money. See SYNODAL. \nsenate. (l3c) 1. The upper chamber ofa bicameral legis\nlature. [Cases: States (;:::::)26.J 2. (cap.) The upper house \nofthe U.S. Congress, composed of 100 members -two \nfrom each state -who are elected to six-year terms. -\nAbbr. S. [Cases: United States <:---=-7.1.] \nsenate hill. See BILL (3). \nsenator. (13c) A person who is a member ofa senate. \nsenatores (sen-d-tor-eez), n. pl. [Latin] Roman law. 1. \nMembers ofthe Roman senate. 2. Members ofmunici\npal councils. \nsenatorial courtesy. (1884) 1. The tradition that the \nPresident should take care in filling a high -level federal \npost (such as a judgeship) with a person agreeable to \nthe senators from the nominee's home state, lest the \nsenators defeat confirmation. [Cases: Judges (::::::>3.] \n\"The risk of a deadlock is minimized by [the President's] \nconsulting informally with the Senators from the State in \nwhich the office lies, if they are members of his own politi \ncal party. Actually this amounts in most instances to his \ntaking the advice of these two Senators as to a selection. \nA nomination approved by them is practically certain of \nfinal confirmation by the Senate as a whole. The arrange \nment is a 'log-rolling' one, which has been dignified by the \nname of 'Senatorial courtesy.' 'If you will help me to get \nthe appointments I want in my State, I will help you get the \nappointments you want in your State.'\" Herbert W. Horwill, \nThe Usages of the American Constitution 129 (1925). \n2. Loosely, civility among senators <a decline ofsena\ntorial courtesy>. \nSenator of the College of Justice. Scots law. See LORD \nOF SESSION. \nsenatus (si-nay-t;Js), n. [Latin] Roman law. l.lhe Roman \nsenate. 2. The meeting place for the Roman senate. \nsenatus consulto (si-nay-t<ls k;Jn-sal-toh). [Latin] Roman \nlaw. By the decree of the Senate. \nsenatus consultum (si-nay-t;Js k;Jn-sal-tam). [Latin] \nRoman law. In the Republic, a resolution ofthe Roman \nSenate, which did not have the force oflaw (though usu. \nfollowed). -In the first century A.D., these resolutions \nreplaced the legislation of the comitia, but by the end \nof the second century, they were merely the Senate's \nofficial expression ofthe imperial will. The senate often \nadopted the text ofa speech (oratio) by the emperor. \nSometimes written senatusconsulturn. Also termed \nsenatu5 consult. -Abbr. S.C. PI. senatus consulta. \n\"Senatus consulta. --_. In the regal and republican periods \nthe Senate enjoyed no legislative power. It was an advisory \nbody, nominated by the King, and at first purely patrician. \nLater it ... included patricians and plebeians ... its chief \nduty still being to tender advice to the magistrates .... \nThe theory still was, till the time of Hadrian, that senarus \nconsulta were directions to the magistrates, who were now \nin fact, if not in name, bound to give effect to them, till by \na process of gradual usurpation senatus consulta came to \nbe direct legislation.\" R.W. Leage, Roman Private Law 12-13 \n(C.H. Ziegler ed., 2d ed. 1930). \n\n1484 senatus consultum Macedonianum \nsenatus consultum Macedonianum (si-nay-tds k;)n-sal\nt;)m mas-;)-doh-nee-ay- n;)m). [Latin \"Macedo's Reso\nlution\"] Roman law. A senate decree under Vespasian \nto protect fathers from children in their power who \nhad borrowed excessive sums in expectation of their \nfather's death, by making actions to recover such loans \nunlawful. -Also termed Macedonian Decree. \n\"In the principate of Vespasian, 6979 A.D., a senatus can\nsultumwas passed which forbade loans to a filius-familias. \nIt was called the senatus consultum -Macedonianum, \nafter one Macedo, a usurer who had made such a loan and \nthereby instigated a hard-pressed debtor to kill his father \nin order to enter into his inheritance. To prevent tragic pos\nsibilities like these, the senatus consultum declared that no \naction would lie to recover money lent to a filius-familias.\" \nMax Radin, Handbook of Roman Law 188-89 (1927). \n\"The senatus consultum Macedonianum reads as follows: \n'Whereas Macedo's borrowings gave him an added incen\ntive to commit a crime to which he was naturally predis\nposed and whereas those who lend money on terms which \nare dubious, to say the least, often provide evil men with \nthe means of wrongdoing, it has been decided, in orderto \nteach perniciOUS moneylenders that a son's debt cannot \nbe made good by waiting for his father's death, that a \nperson who has lent money to a son-in-power is to have \nno claim or action even after the death of the person in \nwhose power he was.'\" Digest of justinian 14.6.1 (Ulpian, \nAd Sabinum 49). \nsenatus consultum ultimum necessitatis (si-nay-t;)s bn\nsClI-t~m Cll-t;)-mee nd-ses-i-tay-tis). [Latin1 Roman law. \nA decree of the senate ofthe last necessity . This decree \nusu. preceded the nomination ofa leader with absolute \npower in a time ofemergency. Also termed senatus \nconsultum ultimae necessitatis. \nsenatus consultum Velleianum (si-nay-tCls kCln-sCll-t;)m \nvel-ee-ay-n;)m). [Latin \"Yelleian Decree\") Roman law. \nA senate decree, probably ofA.D. 46, to protect women \nfrom making unconscionable guarantees, suretyship \nundertakings, or debt assumptions for their husbands \nand for others generally. by making actions to enforce \nsuch undertakings unlawfuL \nsenatus decreta (si-nay-tCls di-kree-t;. [Latin] Roman \nlaw. The senate's decisions. \nsending state. See STATE. \nsenescallus (sen-Cls-kal-;>s), n. [Law Latin] See SENE\nSCHAL. \nseneschal (sen-;)-sh;)l), n. [Law French] Hist. 1. A French \ntitle ofoffice, equivalent to a steward in England. _ A \nseneschal was originally a duke's lieutenant or a lieuten\nant to other dignities ofthe kingdom. 2. The steward of \na manor. 3. Hist. An administrative or judicial officer, \nsuch as the governor of a city or province. Also \ntermed senescallus. \nsenility. (18c) Mental feebleness or impairment caused \nby old age. _ A senile person (in the legal, as opposed \nto the popular, sense) is incompetent to enter into a \nbinding contract or to execute a will. Also termed \nsenile dementia (see-nIl di-men-shee-Cl). [Cases: Mental \nHealth C~3.] senile, adj. \nsenior, adj. (14c) 1. (Of a debt, etc.) first; preferred, as over \njunior obligations. 2. (Of a person) older than someone else. 3. (Of a person) higher in rank or service. 4. (Of a \nman) elder, as distinguished from the man's son who \nhas the same name. \nsenior administrative patent judge. See JUDGE. \nsenior counsel. 1. See lead counsel under COUNSEL. 2. \nSee KINds COUNSEL; QUEEN'S COUNSEL. \nsenior debt. See DEBT. \nsenior interest. See INTEREST (2). \nseniority. (15c) 1. lhe preterential status, privileges, or \nrights given to an employee based on the employee's \nlength ofservice with an employer.  Employees with \nseniority may receive additional or enhanced benefit \npackages and obtain competitive advantages over \nfellow employees in layoff and promotional decisions. \n2. The status ofbeing older or senior. \nseniority system. Employment law. Any arrangement \nthat recognizes length ofservice in making decisions \nabout job layoffs and promotions or other advance\nments. \nsenior judge. See rUDGE. \nsenior lien. See LIEN. \nsenior mortgage. See MORTGAGE. \nsenior partner. See PARTNER. \nsenior party. Intellectual property. In an interference \nproceeding, the first person to file an application for a \nproperty's legal protection, e.g., an invention patent or \na trademark registration . In the United States, merely \nbeing the first to file does not entitle the party to the \nprotection. The proceeding's administrator also takes \nother factors into account. For instance, in a patent\ninterference proceeding the invention's conception date \nand the inventor's diligence in reducing the invention \nto practice are relevant factors. Priority in the filing \ndate is prima facie evidence that the senior party is the \nfirst inventor, so the challenger has the burden ofproof. \nCf. JUNIOR PARTY. [Cases: Patents C=>106(1).) \nsenior security. See SECURITY. \nsenior status. (1970) The employment condition of a \nsemiretired judge who continues to perform certain \njudicial duties that the judge is willing and able to \nundertake. [Cases: Judges \nsenior user. Trademarks. The first person to use a mark. \n_ That person is usu_ found to be the mark's owner. \nAlso termed first user. Cf. JUNIOR USER. [Cases: Trade\nmarks C=> 1137.] \nsensitivity training. (1956) One or more instructional \nsessions for management and employees, designed to \ncounteract the callous treatment ofothers, esp. women \nand minorities, in the workplace. \nsensus (sen-s~s). [Latin] Hist. Sense; meaning; signi\nfication. _ The word appears in its inflected form in \nphrases such as malo sensu (\"an evil sense\"), mitiori \nsensu (\"in a milder sense\"), and sensu honesto nn"}
{"text": "such as malo sensu (\"an evil sense\"), mitiori \nsensu (\"in a milder sense\"), and sensu honesto nn an \nhonest sense\"). \n\nsentence, n. (14c) The judgment that a court formally \npronounces after finding a criminal defendant guilty; \nthe punishment imposed on a criminal wrongdoer <a \nsentence of 20 years in prison>. See Fed. R. Crim. P. \n32. Also termed judgment ofconviction. [Cases: Sen\ntencing and Punishment ~1001.] -sentence, vb. \naccumulative sentences. See consecutive sentences. \naggregate sentence. (1917) A sentence that arises from \na conviction on multiple counts in an indictment. \n[Cases: Sentencing and Punishment ~642-643.1 \nalternative sentence. (1841) A sentence other than \nincarceration . Examples include community \nservice and victim restitution. Also termed creative \nsentence. [Cases: Sentencing and Punishment \n2049,2100-2217.] \nblended sentence. In a juvenile-delinquency disposi\ntion, a sanction that combines delinquency sanctions \nand criminal punishment. \nconcurrent sentences. (1905) Two or more sentences of \njail time to be served simultaneously . For example, \nifa convicted criminal receives concurrent sentences \nof 5 years and IS years, the total amount of jail time \nis IS years. [Cases: Sentencing and Punishment \n547.] \nconditional sentence. (1843) A sentence of confinement \nif the convicted criminal fails to perform the condi\ntions of probation. [Cases: Sentencing and Punish\nment ~1960-1988.] \nconsecutive sentences. (1844) Two or more sentences of \njail time to be served in sequence . For example, ifa \nconvicted criminal receives consecutive sentences of \n20 years and 5 years, the total amount ofjail time is \n25 vears. -Also termed cumulative sentences; accu\nmrllative sentences. [Cases: Sentencing and Punish\nment \nconsolidated sentence. See general sentence. \ncreative sentence. See alternative sentence. \ndeath sentence. (1811) A sentence that imposes the \ndeath penalty. See Model Penal Code  210.6. \nAlso termed judgment ofblood. See DEATH PENALTY. \n[Cases: Sentencing and Punishment (:::::i 1610,1787.] \ndeferred sentence. (1915) A sentence that will not be \ncarried out if the convicted criminal meets certain \nrequirements, such as complying with conditions of \nprobation. [Cases: Sentencing and Punishment \n2051-2054.] \ndelayed sentence. (1906) A sentence that is not imposed \nimmediately after conviction, thereby allowing the \nconvicted criminal to satisfy the court (usu. by com\nplying with certain restrictions or conditions during \nthe delay period) that probation is preferable to a \nprison sentence. [Cases: Sentencing and Punishment \n~c;2051-2054.1 \ndeterminate sentence. (1885) A sentence for a fixed \nlength of time rather than for an unspecified \nduration. Also termed definite sentence; defini\ntive sentence; fixed sentence; flat sentence; straight sentence. [Cases: Sentencing and Punishment \n1053, 1054.] \nexcessive sentence. (1879) A sentence that gives more \npunishment than is allowed by law. [Cases: Sentenc\ning and Punishment <>:>34, 1480, 1483.J \nfixed sentence. 1. See determinate sentence. 2. See man\ndatory sentence. \nflat sentence. See determinate sentence. \ngeneral sentence. (1891) An undivided, aggregate \nsentence in a multicount case; a sentence that does \nnot specify the punishment imposed for each count. \n General sentences are prohibited. Also termed \nconsolidated sentence. [Cases: Sentencing and Punish\nment (;:;) 1060.] \nindeterminate sentence. (1885) 1. A sentence of an \nunspecified duration, such as one for a term of 10 to 20 \nyears. [Cases: Sentencing and Punishment ~1057\n1059, 1125-1127.] 2. A maximum prison term that the \nparole board can reduce, through statutoryauthoriza\ntion, after the inmate has served the minimum time \nrequired by law. -Also termed indefinite sentence. \nSee INDETERMINATE SENTENCING. \nintermittent sentence. (1964) A sentence consisting \nof periods of confinement interrupted by periods of \nfreedom. -Also termed (when served on weekends) \nweekend sentence. \nlife sentence. (1878) A sentence that imprisons the \nconvicted criminal for life though in some juris\ndictions the prisoner may become eligible for release \non good behavior, rehabilitation, or the like. (Cases: \nSentencing and Punishment (';=> 1055, 1120.] \nmandatory sentence. (1926) A sentence set by law with \n110 discretion for the judge to individualize punish\nment. Also termed mandatory penalty; mandatory \npunishment;fixed sentence. [Cases: Sentencing and \nPunishment ~'='1053, 1054.] \nmaximum sentence. (1898) The highest level of punish\nment provided by law for a particular crime. (Cases: \nSentencing and Punishment ~1059, 1127.) \nminimum sentence. (1891) The least amount of time \nthat a convicted criminal must serve in prison before \nbecoming eligible for parole. [Cases: Sentencing and \nPunishment ~1057, 1126.] \nmultiple sentences. (1938) Concurrent or consecutive \nsentences, if a convicted criminal is found guilty of \nmore than one offense. [Cases: Sentencing and Pun\nishment ~500.1 \nnominal sentence. (1852) A criminal sentence in name \nonly; an exceedingly light sentence. \nnoncustodial sentence. (1971) A criminal sentence \n(such as probation) not requiring prison time. \npresumptive sentence. (1978) An average sentence for \na particular crime (esp. provided under sentencing \nguidelines) that can be raised or lowered based on the \npresence of mitigating or aggravating circumstances. \n[Cases: Sentencing and Punishment C-::>34,654.) \n\nprior sentence. (1863) A sentence previously imposed \non a criminal defendant for a different offense, \nwhether by a guilty verdict, a guilty plea, or a nolo \ncontendere. [Cases: Sentencing and Punishment \n630-637.] \nsplit sentence. (1927) A sentence in which part of \nthe time is served in confinement -to expose the \noffender to the unpleasantness ofprison and the \nrest on probation. See shock probation under PROBA\nTION. [Cases: Sentencing and Punishment (;:;;, 1934, \n1936.] \nstraight sentence. See determinate sentence. \nsuspended sentence. (1919) A sentence postponed \nso that the convicted criminal is not required to \nserve time unless he or she commits another crime \nor violates some other court-imposed condition . \nA suspended sentence, in effect, is a form of proba\ntion. -Also termed withheld sentence. [Cases: Sen\ntencing and Punishment C::::> 1804-1810.] \nweekend sentence. See intermittent sentence. \nsentence bargain. See PLEA BARGAIN. \nsentence cap. Military law. A pretrial plea agreement in \na court -martial proceeding by which a ceiling is placed \non the maximum penalty that can be imposed. [Cases: \nMilitary Justice C='990, 1326.] \nsentenced to time served. (1959) A sentencing dispo\nsition whereby a criminal defendant is sentenced to \nthe same jail time that the defendant is credited with \nserving while in custody awaiting trial.  The sentence \nresults in the defendant's release from custodv. Cf. \nBALANCE OF SENTENCE SUSPENDED. [Cases: Sen'tenc\ning and Punishment (;:;;, 1156.] \nsentence-factor manipulation. See sentencing entrap\nment under ENTRAPMENT. \nsentence-package rule. (1996) Criminal procedure. The \nprinciple that a defendant can be resentenced on an \naggregate sentence that is, one arising from a con\nviction on multiple counts in an indictment -when \nthe defendant successfully challenges part of the con\nviction, as by successfully challenging some but not \nall of the counts. \nsentencing. The judicial determination of the penalty \nfor a crime. \ndeterminate sentencing. See mandatory sentencing. \ndiscretionary sentencing. See indeterminate sentenc\ning. \nfixed sentencing. See mandatory sentencing. \nindeterminate sentencing. Sentencing that is left up to \nthe court, with few or very flexible guidelines. Also \ntermed discretionary sentencing. [Cases; Sentencing \nand Punishment (;:;;, 1057-1059, Il25-Il27.J \nmandatory sentencing. A statutorily specified penalty \nthat automatically follows a conviction for the offense, \noften with a mi~imum mandatory term. Also \ntermed determinate sentencing; fixed sentencing. \n[Cases: Sentencing and Punishment 1054.] presumptive sentencing. A statutory scheme that pre\nscribes a sentence or range ofsentences for an offense \nbut allows the court some flexibility in atypical cases. \n[Cases: Sentencing and Punishment (;:;;, 34,654.] \nsentencing council. (1973) A panel of three or more \njudges who confer to determine a criminal sentence. \n Sentencing by a council occurs less frequently than \nsentencing by a Single trial judge. \nsentencing entrapment. See ENTRAPMENT. \nsentencing guidelines. (1970) A set of standards for \ndetermining the punishment that a convicted criminal \nshould receive, based on the nature of the crime and the \noffender's criminal history . The federal government \nand several states have adopted sentencing guidelines in \nan effort to make judicial sentencing more consistent. \n[Cases: Sentencing and Punishment (;:;;,650-998.] \nsentencing bearing. See PRESENTENCE HEARING. \nsentencing phase. See PENALTY PHASE. \nSentencing Reform Act of 1984. A federal statute \nenacted to bring greater uniformity to punishments \nassessed for federal crimes by creating a committee \nof federal judges and other officials (the United States \nSentencing Commission) responsible for producing \nsentencing gUidelines to be used by the federal courts. \n28 USCA  994(a)(1). \nSentencing Table. A reference gUide used by federal \ncourts to calculate the appropriate punishment under \nthe sentencing guidelines by taking into account \nthe gravity of the offense and the convicted person's \ncriminal history. [Cases; Sentencing and Punishment \n(;:;;,666-871.] \nsententia (sen-ten-shee-~), n. [Latin] Roman & civil law. \n1. Sense; meaning. 2. An opinion, esp. a legal opinion. \n3. A judicial decision. \nsententia voluntatis (sen-ten-shee-;l vol-~n-tay-tis). [Law \nLatin] Hist. The determination of the will. \nSEP. abbr. See simplified employee pension plan under \nEMPLOYEE BENEFIT PLAN. \nseparability. Copyright. An element of various judicial \ntests used to determine whether a design in a func\ntional article is a copyrightable work ofapplied art, or \nan uncopyrightable industrial design, the test being \nbased on whether the beholder separates the work's \nartistic appearance from its useful function. _ Some \ncourts use a strict phYSical separability test, but most \nlook at whether the work's two roles are conceptually \nseparate. [Cases: Copyrights and Intellectual Property \n(;:;;,4.] \nseparability clause. See SEVERABILITY CLAUSE. \nseparable, adj. (14c) Capable of being separated or \ndivided <a separable controversy>. \nseparable controversy. See CONTROVERSY. \nseparaliter (sep-a-ray-l;l-tar). [Latin] Hist. Separately. \nThis term was formerly used in an indictment to empha\nsize that multiple defendants were being charged with \nseparate offenses, when it appeared from the general \n\n1487 \nlanguage of the indictment that the defendants were \njointly charged. \nseparate, adj. (15c) (Of liability, cause of action, etc.) \nindividual; distinct; particular; disconnected. \nseparate action. See ACTION (4). \nseparate and apart. See LIVING SEPARATE AND APART. \nseparate-but-equal doctrine. (1950) The now-defunct \ndoctrine that African-Americans could be segregated \nif they were provided with equal opportunities and \nfacilities in education, public transportation, and jobs. \n This rule was established in Plessy v. Ferguson, 163 \nU.S. 537, 16 S.Ct. 1138 (1896), and overturned in Brown \nv. Board ofEducation, 347 U.S. 483, 74 S.Ct. 686 (1954). \n[Cases: Schools C=:> 13(2).] \nseparate caucus. See CAUCUS. \nseparate count. See COUNT. \nseparate covenant. See several covenant under COVENANT \n(1). \nseparate demise. See DEMISE. \nseparate estate. See ESTATE (1). \nseparate examination. (18c) 1. The private interroga\ntion ofa witness, apart from the other witnesses in the \nsame case. 2. The interrogation of a wife outside the \npresence of her husband by a court clerk or notary for \nthe purpose of acknowledging a deed or other instru\nment.  This was done to ensure that the wife signed \nwithout being coerced to do so by her husband. \nseparate goodwill. See personal goodwill under \nGOODWILL. \nseparate maintenance. See MAINTENANCE. \nseparate offense. See OFFENSE (1). \nseparate property. (I8c) 1. Property that a spouse owned \nbefore marriage or acquired during marriage by inheri\ntance or by gift from a third party, and in some states \nproperty acquired during marriage but after the spouses \nhave entered into a separation agreement and"}
{"text": "or by gift from a third party, and in some states \nproperty acquired during marriage but after the spouses \nhave entered into a separation agreement and have \nbegun living apart or after one spouse has commenced \na divorce action. -Also termed individual property. \nCf. COMMUNITY PROPERTY; marital property under \nPROPERTY. [Cases: Divorce (>:::252.3(3).] 2. In some \ncommon-law states, property titled to one spouse or \nacquired by one spouse individually during marriage. \n3. Property acquired during the marriage in exchange \nfor separate property (in sense 1 or sense 2). \nseparate-property state. See COMMON LAW STATE (2). \nseparate return. See TAX RETURN. \nseparate-sovereigns rule. (1995) Criminal procedure. The \nprinciple that a person may be tried twice for the same \noffense despite the Double Jeopardy Clause -if the \nprosecutions are conducted by separate sovereigns, as \nby the federal government and a state government or \nby two different states. See DOUBLE JEOPARDY. [Cases: \nDouble Jeopardy C-= 183.] \nseparate-spheres doctrine. Hist. Family law. The com\nmon-law doctrine that wives were limited to control separation of powers \nofthe home the personal or domestic sphere and \nthat husbands had control of the public sphere . Under \nthis-early-19th century doctrine, the wife was to tend \nto the home and family and the husband was to be \nthe breadwinner. -Also termed doctrine ofseparate \nspheres. \nseparate support. See separate maintenance under \nMAINTENANCE. \nseparate trading of registered interest and principal \nof securities. A treasury security by which the owner \nreceives either principal or interest, but usu. not \nboth. -Abbr. STRIP. \nseparate trial. See TRIAL. \nseparatim (sep-aray-tim). [Latin] Hist. Severally . This \nterm referred to the formation of several covenants in \na deed. \nseparatio (sep-a-ray-shee-oh), n. See FRUCTUS (1). \nseparatio bonorum. See BENEFICIUM SEPARATIONIS. \nseparation. (l7c) 1. An arrangement whereby a husband \nand wife live apart from each other while remaining \nmarried, either by mutual consent (often in a written \nagreement) or by judicial decree; the act of carrying \nout such an arrangement. -Also termed separation \nfrom bed and board. See divorce a mensa et thoro under \nDIVORCE. [Cases: Divorce Husband and Wife \nC:::277.] 2. The status of a husband and wife having \nbegun such an arrangement, or the judgment or \ncontract that brought about the arrangement. -Also \ntermed (in both senses) legal separation; judicial separa\ntion. 3. Cessation ofa contractual relationship, esp. in \nan employment situation. -separate, vb. \nseparation agreement. (1886) 1. An agreement between \nspouses in the process of a divorce or legal separation \nconcerning alimony, maintenance, property division, \nchild custody and support, and the like. Also termed \nseparation order (if approved or sanctioned judicially). \nSee temporary order under ORDER. 2. DIVORCE AGREE\nMENT. [Cases: Husband and Wife C=~)277.] \nseparation a mensa et thoro. See divorce a mensa et \nthoro under DIVORCE. \nseparation from bed and board. 1. SEPARATION (1). 2. \nSee divorce a mensa et thoro under DIVORCE. \nseparation ofpatrimony. Ovillaw. The act ofproViding \ncreditors ofa succession the right to collect against the \nclass of estate property from which the creditors should \nbe paid, by separating certain succession property from \nproperty rights belonging to the heirs. [Cases: Descent \nand Distribution (;=> 137.] \nseparation ofpowers. (1896) The division of governmen\ntal authOrity into three branches ofgovernment leg\nislative, executive, and judicial -each with specified \nduties on which neither of the other branches can \nencroach; a constitutional doctrine of checks and \nbalances designed to protect the people against tyranny. \nCf. DIVISION OF POWERS. [Cases: Constitutional Law \nG=2330-2626.] \n\n\"[TJhe doctrine of the separation of powers was adopted \nby the convention of 1787 not to promote efficiency but \nto preclude the exercise of arbitrary power. The purpose \nwas not to avoid friction, but, by means of the inevitable \nfriction incident to the distribution of the governmental \npowers among three departments, to save the people from \nautocracy.\" Justice Louis Brandeis (as quoted in Roscoe \nPound, The Development of Constitutional Guarantees of \nLiberty 94 (1957)). \n\"Although in political theory much has been made of the \nvital importance of the separation of powers, it is extraor \ndinarily difficult to define precisely each particular power. \nIn an ideal state we might imagine a legislature which had \nsupreme and exclusive power to lay down general rules \nfor the future without reference to particular cases; courts \nwhose sale function was to make binding orders to settle \ndisputes between IndiViduals which were brought before \nthem by applying these rules to the facts which were \nfound to exist; an administrative body which carried on \nthe business of government by issuing particular orders or \nmaking decisions of policy within the narrow confines of \nrules of law that it could not change. The legislature makes, \nthe executive executes, and the judiciary construes the \nlaw.\" George Whitecross Paton, A Textbook ofJurisprudence \n330 (GW. Paton & David P. Derham eds., 4th ed. 1972). \n\"Separation of powers means something quite different in \nthe European context from what it has come to mean in \nthe United States .... Separation of powers to an American \nevokes the famil iar system of checks and balances among \nthe three coordinate branches of government legislative, \nexecutive, and judiciary each with its independent con \nstitutional basis. To a European, it is a more rigid doctrine \nand inseparable from the notion of legislative supremacy.\" \nMary Ann Glendon et aI\" Comparative Legal Traditions 67 \n(1994). \nseparation of witnesses. (1819) The exclusion of wit\nnesses (other than the plaintiff and defendant) from \nthe courtroom to prevent them from hearing the testi\nmony ofothers. [Cases: Criminal Law (;:::::>665; Federal \nCivil Procedure (';=;>2012; Trial0=>4L] \nseparation order. 1. See SEPARATION AGREEMENT. 2. See \nORDER (2). \nseparation pay. See SEVERANCE PAY. \nseparatio tori (sep-Cl-ray-shee-oh tor-I). [Law Latin] \nHist. A separation of the marriage bed. See A MENSA \nETTHORO. \nseparator, n. Oil & gas. Equipment used at a well site \nto separate oil, water, and gas produced in solution \nwith oiL. Basic separators simply heat oil to speed \nthe natural separation process, More complex separa\ntors may use chemicals. \nseparatum tenementum (sep-Cl-ray-tClm ten-Cl-men-tClm). \n[Law Latin] Hist. A separate tenement \nSEP-IRA. See simplified employee pension plan under \nEMPLOYEE BENEFIT PLAN. \nsequatur sub suo periculo (si-kway-tClr s;)b s[y]oo-oh \npa-rik-[y];)-loh), n. [Law Latin \"let him follow at his \nperil\"] Hist. A writ available when a sheriff returned \nnihil to several summonses; speci., a writ issued after \nthe sheriff returned nihil to a warrant ad warrantizan\ndum and follOWing an alias and a pluries writ See SICUT \nALIAS. \nsequela (si-kwee-ICl), n. [Latin \"that which follows\"] Hist. \nSuit; process, as in sequela curiae (\"a suit ofcourt\") and sequela causae (\"the process ofa cause\"). pL sequelae \n(si-kwee-Iee). \nsequela villanorum (si-kwee-la vil-<J-nor-<Jm). [Law \nLatin] Hist. The family and appurtenances to a villein's \ngoods, which were at the lord's disposaL \nsequence listing. Patents. A description ofthe nucleotide \nor amino-acid chain in a biotechnological invention. \nsequential journal. See JOURNAL OF NOTARIAL ACTS, \nsequential marriage. See BIGAMY (2). \nsequester (si-kwes-tar), n. (14c) 1. An across-the-board \ncut in government spending. [Cases: States ~121.]2. \nA person with whom litigants deposit property being \ncontested until the case has concluded; a sequestra\ntor. \nsequester, vb. (I5c) 1. To seize (property) by a writ of \nsequestration. [Cases: Sequestration ~15.] 2. To seg\nregate or isolate (a jury or witness) during triaL [Cases: \nCriminal Law ~665, 854; Federal Civil Procedure \nC:::)2012; Trial C--J 41, 303,]3. Eccles. law. To excommu\nnicate. See EXCOMMlJNICATION. Also (erroneously) \ntermed sequestrate. [Cases: Criminal Law~665, 854; \nTrial ~41,303.] \nsequestered account. See ACCOUNT. \nsequesterer. See SEQUESTRATOR. \nsequestrarifacias (see-kwes-trair-I fay-shee-as), n. [Law \nLatin \"you are to cause to be sequestered\"] Hist. Eccles. \nlaw. A process to enforce a judgment against a clergy\nman in a benefice, by which the bishop was ordered to \nsequester a church's rents, tithes, or other profits until \nthe debt was paid. \nsequestrate, vb. See SEQUESTER. \nsequestratio (see-kwes-tray-shee-oh), n. [Latin] Roman \nlaw. The depositing ofan object in dispute with a holder, \nthe sequester, either voluntarily or by court order. PL \nsequestrationes (see-kwes-tray-shee-oh-neez). \nsequestration (see-kwes-tray-shCln), n. (16c) 1. The \nprocess by which property is removed from the pos\nsessor pending the outcome of a dispute in which two \nor more parties contend for it. Cf. ATTACHMENT (1); \nGARNISHMENT, [Cases: Sequestration ~l.] \nconventional sequestration. The parties' voluntary \ndeposit ofthe property at issue in a lawsuit. \njudicial sequestration. The court-ordered deposit of \nthe property at issue in a lawsuit. [Cases: Sequestra\ntion~L] \n2. The setting apart of a decedent's personal property \nwhen no one has been willing to act as a personal rep\nresentative for the estate. 3. The process by which a \nrenounced interest is subjected to judicial management \nand is distributed as the testator would have wished \nifhe or she had known about the renunciation. 4. A \njudicial writ commanding the sheriff or other officer to \nseize the goods of a person named in the writ. This \nwrit is sometimes issued against a civil defendant who \nhas defaulted or has acted in contempt ofcourt [Cases: \nSequestration ~13.] 5. The court-ordered seizure of \n\n1489 \na bankrupt's estate for the benefit ofcreditors. 6. Int'l \nlaw. The seizure by a belligerent power of enemy assets. \n[Cases: War and National Emergency 12.] 7. The \nfreezing of a government agency's funds; SEQUESTER \n(1). [Cases: States 121.] 8. Custodial isolation of a \ntrial jury to prevent tampering and exposure to public\nity, or of witnesses to prevent them from hearing the \ntestimony of others. -Also termed (in sense 8) jury \nsequestration. [Cases: Federal Civil Procedure C=>20l2; \nTrial 303.] \nsequestration for rent. Scots law. A landlord's remedy \nto recover up to one year's unpaid rent by seizing \nand selling, under court order, the tenant's personal \nproperty. Cf. DISTRESS (2). \nsequestrator (see-kwes-tray-tar). (15c) 1. An officer \nappointed to execute a writ of sequestration. \n\"[AJ sequestrator was an officer of the Court of Chancery \nacting under the order of that court in seizing property. The \nlaw courts appear, however, to have held that the holder \nof the property could resist seizure by the officer of the \nCourt of Chancery, and indeed kill that officer if necessary \nto prevent the seizure. And if he killed the officer, he would \nnot be held gUilty of murder because the Court of Chancery \nwas an illegal tribunal or its decrees were illegal, and could \nnot justify an officer in seizing the property mentioned in \nthe order.\" Charles Herman Kinnane, A First Book on Anglo\nAmerican Law 306 (2d ed. 1952). \n2. A person who holds property in sequestration. \nAlso termed sequesterer. [Cases: Sequestration Cd \n14.] \nsequestro habendo (si-kwes-troh ha-ben-doh), n. [Law \nLatin] Hist. Eccles. law. A writ from the sovereign to \nthe bishop ordering the discharge of the sequestration \nofa benefice's profits. \nserendipity doctrine. (1989) Criminal procedure. lhe \nprinciple that all evidence discovered during a lawful \nsearch is eligible to be admitted into evidence at trial. \n[Cases: Criminal LawC-~394.1(1).] \nserf. Hist_ A person in a condition of feudal servitude, \nbound to labor at the will of a lord; a villein . Serfs \ndiffered from slaves in that they were bound to the \nnative soil rather than being the absolute property of \na master. \n\"As the categories became indistinct, the more abject vari\neties of slavery disappeared and in the twelfth century the \nword 'villein' became the general term for unfree peasants. \n'Serf' did not become a legal term of art, and in so far as it \nremained in use it did not connote a status lower than that \nof villein. The merger was to the detriment of the villani, \nbut it ens"}
{"text": "connote a status lower than that \nof villein. The merger was to the detriment of the villani, \nbut it ensured that full slavery was not received as part \nof the common law.\" j.H. Baker, An Intmduction to English \nLegal History 532 (3d ed. 1990). \nsergeant. 1. Hist. A person who is not a knight but holds \nlands by tenure of military service. 2. Hist. A munici\npal officer performing duties for the Crown. 3. Hist. A \nbailiff. 4. SERGEANT-AT-ARMS. 5. A noncommissioned \nofficer in the armed forces ranking a grade above a \ncorporal. 6. An officer in the police force ranking below \na captain or lieutenant. -Also spelled serjeant. [Cases: \nMunicipal Corporations 180(2).] seriatim \nsergeant-at-arms. 1. Hist. An armed officer attending a \nsovereign. 2. An officer the Crown assigns to attend a \nsession of Parliament. 3. A legislative officer charged \nwith maintaining order and serving notices and process \non behalf ofthe legislative body and its committees. \n[Cases: States (;::;>32.] 4. Parliamentary law. An officer \ncharged with helping keep order in a meeting under the \nchair's direction. Also spelled (in senses 1, 2, & 4) \nserjeant-at-arms_ -Also termed (in sense 4) warden; \nwarrant officer. \nsergeantry. See SERJEANTY. \nSergeant Schultz defense. Slang. An assertion by a \ncriminal or civil defendant who claims that he or she \nwas not an active partiCipant in an alleged scheme \nor conspiracy, and that he or she knew nothing, saw \nnothing, and heard nothing . This defense is named \nafter a character from the television series Hogan's \nHeroes, in which Sergeant Schultz, a German guard \nin charge of prisoners of war during World War II, \nwould avoid responsibility for the prisoners' schemes \nby proclaiming that he saw nothing and knew nothing. \n[Cases: Criminal Law \nsergeanty. See SERJEANTY. \nserial bond. See BOND (3). \nserial consideration. See consideration seriatim under \nCONSIDERATION (2). \nserial murder. See MURDER. \nserial note. See installment note under NOTE (1). \nserial number. 1. A number assigned to a specific thing, \nesp. a product, to identify it from other things of the \nsame kind . While serial numbers are usually assigned \nin numerical order, they may also be random. 2. Patents \n& Trademarks. An identifying number assigned to a \ncompleted patent or trademark application . The serial \nnumber is assigned when the application is received or \ncompleted. See APPLICATION NUMBER. \nserial polygamy. See POLYGAMY (2). \nserial right. The right of publication; esp., a right reserved \nin a publishing contract giving the author or publisher \nthe right to publish the manuscript in installments (as \nin a magazine) before or after the publication of the \nbook. [Cases: Copyrights and Intellectual Property \nC=>38.] \nserial violation. (1989) Civil-rights law. The practice \nby an employer ofcommitting a series of discrimina\ntory acts against an employee, all of which arise out \nof the same discriminatory intent or animus . Such \na series of discriminatory acts will usu. be considered \na continuing violation. For a claim on the violation to \nbe timely, at least one of the discriminatory acts must \nhave taken place within the time permitted to assert the \nclaim (e.g., 300 days for a Title VII claim). Cf. SYSTEM\nATIC VIOLATION. [Cases: Civil Rights C=> 1505(7).J \nseriatim (seer-ee-ay-tim), adj. Occurring in a series. \nseriatim, adv. [Latin] One after another; in a series; suc\ncessively <the court disposed of the issues seriatim>. See \n\n1490 seriatim opinions \nconsideration seriatim under CONSIDERATION. Also \ntermed sedately (seer-ee-dt-lee). \nseriatim opinions. See OPINION (1). \nseries bonds. See BOND (3). \nseries code. Patents & Trademarks. A numerical designa\ntion aSSigned to any ofa group ofapplications for patent \nor trademark registration filed in the U.S. Patent and \nTrademark Office . The series code is part ofan appli\ncation number and is followed by a slash. For example, \nif the application number is 09/445,323, then 09 is the \nseries code, and the application is the 445,323rd appli\ncation in that batch. For ordinary patent applications, \nseries codes are aSSigned for a group of applications \nfiled during a particular period. Nonprovisional patent \napplications are aSSigned series codes from 01 to 10, \ndepending on the period during which the application \nwas filed. The series code for design applications is 29, \nfor provisional applications 60, for ex parte reexamina\ntion proceedings 90, and for inter partes reexamination \nproceedings 95. For trademark applications, the series \ncode usu. begins with numbers between 70 and 75. \nAlso termed batch number. \nseries rerum judicatarum (seer-d-eez or seer-eez reer-dm \njoo-di-ka-tor-dm). [Law Latin] Scots law. A succession \nof decisions deciding a particular principle, as a result \nofwhich a precedent has been established. \nserious, adj. 1. (Of conduct, opinions, etc.) weighty; \nimportant <serious violation of rules>. 2. (Of an injury, \nillness, accident, etc.) dangerous; potentially resulting \nin death or other severe consequences <serious bodily \nharm>. \nserious and willful misconduct. Workers' compensation. \nAn intentional act performed with the knowledge that \nit is likely to result in serious injury or with a wanton \nand reckless disregard of its probable consequences. \n[Cases: Workers' Compensation (::=>774; 2093.J \nserious bodily harm. See serious bodily injury under \nINJURY. \nserious bodily injury. See INJURY. \nserious crime. 1. See serious offense under OFFENSE (I). \n2. See FELONY (1). \nserious felony. See FELONY. \nserious health condition. Under the Family and Medical \nLeave Act, an illness, injury, or physical or mental state \nthat involves in-patient care or continuing treatment \nby a health care provider for several days . Excluded \nfrom the definition are cosmetic treatments and minor \nillnesses that are not accompanied by medical compli\ncations. [Cases: Labor and Employment (;:=,)351(2). \nserious illness. Insurance. A disorder that permanently \nor materially impairs, or is likely to permanently or \nmaterially impair, the health ofthe insured or an insur\nance applicant. [Cases: Insurance (::=>3003(9).] \nseriously harmful behavior. See HARMFUL BEHAVIOR. \nserious misdemeanor. See MISDEMEANOR. \nserious offense. See OFFENSE (1). serjeant. I. See SERGEANT. 2. See SERJEANT-AT-LAW. \nserjeant-at-arms. See SERGEANT-AT-ARMS. \nserjeant-at-law. Hist. English law. A barrister ofsuperior \ngrade; one who had achieved the highest degree of the \nlegal profession, having (until 1846) the exclusive privi\nlege of practicing in the Court of Common Pleas. \nEvery judge of the common-law courts was required \nto be a serjeant-at-law until the Judicature Act of 1873. \nThe rank was gradually superseded by that of Queen's \nCounsel. -Often shortened to serjeant. -Also termed \nserjeant at the law; serjeant of the law; serjeant of the \ncoif; serviens narrator. \npremier serjeant. The serjeant given the primary right \nofpreaudience by royal letters patent. Also termed \nprime serjeant. See PREAUDIENCE. \nSerjeants' Inn. Hist. A bUilding on Chancery Lane, \nLondon, that housed the Order of Serjeants-at-Law. _ \nThe building was sold and demolished in 1877. Until \n1416, the Inn was called Faryndon's Inn or Faryndon \nInn, after Robert Faryndon, who held the lease. Two \nother inns in the 15th and 16th centuries were also \ncalled Serjeants' Inn, one in Holborn (sometimes called \nScroops's Inn) and one in Fleet Street. \nserjeanty (sahr-jdn-tee). Hist. A feudal lay tenure requir\ning some form of personal service to the king . The \nrequired service was not necessarily military. Many \nhousehold officers ofthe Crown, even those as humble \nas bakers and cooks, held lands in serjeanty. -Also \nspelled sergeanty. Also termed sergeantry. \ngrand serjeanty. Hist. Serjeanty requiring the tenant to \nperform a service relating to the country's defense . \nThe required service could be as great as fielding an \narmy or as small as providing a fully equipped knight. \nSometimes the service was ceremonial or honorary, \nsuch as carrying the king's banner or serving as an \nofficer at the coronation. \npetit serjeanty (pet-ee). Hist. Serjeanty requiring only a \nminor service ofsmall value, usu. with military sym\nbolism. _ Examples include presenting an arrow or \nan unstrung bow to the king. \nserment (sdr-m;}nt). Hist. An oath. \nserological test (seer-d-loj-d-bl). (1931) A blood \nexamination to detect the presence of antibodies and \nantigens, as well as other characteristics, esp. as indica\ntors of disease . Many states require serological tests to \ndetermine the presence ofvenereal disease in a couple \napplying for a marriage license. See BLOOD TEST. \nserpentine vote. See VOTE (4). \nserva aliena. See SERVUS. \nservage (sdr-vij). Hist. A feudal service that a serf was \nrequired to perform for the lord or else pay the equiva\nlent value in kind or money. \nservant. (l3e) A person who is employed by another \nto do work under the control and direction of the \nemployer.  A servant, such as a full-time employee, \nprovides personal services that are integral to an \nemployer's business, so a servant must submit to the \n\n1491 \nemployer's control of the servant's time and behavior. \nSee EMPLOYEE. Cf. MASTER (1). [Cases: Labor and \nEmployment \n\"A servant, strictly speaking, is a person who. by contract \nor operation of law, is for a limited period subject to the \nauthority or control ofanother person in a particular trade. \nbusiness or occupation .... The word servant, in our legal \nnomenclature, has a broad significance, and embraces \nall persons of whatever rank or pOSition who are in the \nemploy. and subject to the direction or control of another \nin any department of labor or business. Indeed it may. in \nmost cases, be said to be synonymous with employee.\" \nH.G. Wood, A Treatise on the Law of Master and Servant \n 1, at 2 (2d ed. 1886). \nfellow servant. See FELLOW SERVANT. \nindentured servant. Hist. A servant who contracted to \nwork without wages for a fixed period in exchange for \nsome benefit, such as learning a trade or cancellation \nofa debt or paid passage to another country, and the \npromise offreedom when the contract period expired. \n Indentured servitude could be voluntary or invol\nuntary. A contract usu.lasted from four to ten years, \nbut the servant could terminate the contract sooner \nby paying for the unexpired time. Convicts trans\nported to the colonies were often required to serve as \nindentured servants as part oftheir sentences. \nserve, vb. (ISc) 1. To make legal delivery of (a notice or \nprocess) <a copy ofthe pleading was served on all inter\nested parties>. 2. To present (a person) with a notice or \nprocess as required by law <the defendant was served \nwith process>. [Cases: Federal Civil Procedure C=>411; \nProcess C=>48.j \nservice, n. (ISc) 1. The formal delivery ofa writ, summons, \nor other legal process <after three attempts, service still \nhad not been accomplished>. -Also termed service of \nprocess. [Cases: Federal Civil Procedure (~'411-S18; \nProcess C=>48-1S0.] 2. The formal delivery ofsome \nother legal notice, such as a pleading <be sure that a \ncertificate ofservice is attached to the motion>. [Cases: \nFederal Civil Procedure C=>66S.] \nactual service. See PERSONAL SERVICE (1). \nconstructive service. (1808) 1. See substituted service. \n2. Service accomplished by a method or circumstance \nthat does not give actual notice. \npersonal service. See PERSONAL SERVICE (1). \nservice by publication. (1826) The service of process \non an absent or nonresident defendant by publish\ning a notice in a newspaper or other public medium. \n[Cases: Federal Civil Procedure <>414; Process C::=> \n84-111.] \nsewer service. Slang. The fraudulent service ofprocess \non a debtor by a creditor seeking to obtain a default \njudgment. \nsubstituted service. (1840) Any method of service \nallowed by law in place of personal service, such as \nservice by mail. -Also termed constructive service. \n[Cases: Federal Civil Procedure C=>414; Process \n69-111.] servient property \n3. The act of doing something useful for a person or \ncompany, usu. for a fee <your services were no longer \nrequired>. \npersonal service. See PERSONAL SERVICE (2). \n4. A person or company whose business is to do useful \nthings for others <a linen service>. \ncivil service. See CIVIL SERVICE. \nsalvage service. See SALVAGE SERVICE. \n5. An intangible commodity in the form of human \neffort, such as labor, skill, or advice <contract for \nservices>. [Cases: Contracts C=> 190.] \nservice, vb. (1927) To provide service for; specif., to make \ninterest payments on (a debt) <service the deficit>. \nservice by publication. See SERVICE (2)."}
{"text": "make \ninterest payments on (a debt) <service the deficit>. \nservice by publication. See SERVICE (2). \nservice charge. 1. A charge assessed for performing a \nservice, such as the charge assessed by a bank against \nthe expenses ofmaintaining or servicing a customer's \nchecking account. 2. lhe sum of (1) all charges payable \nby the buyer and imposed by the seller as an incident \nto the extension ofcredit and (2) charges incurred for \ninvestigating the collateral or creditworthiness of the \nbuyer or for commissions for obtaining the credit. \nUCCC  2.109. -Also termed (in sense 2) credit service \ncharge. [Cases: Consumer Credit \nservice contract. See CONTRACT. \nservice establishment. Under the Fair Labor Standards \nAct, an establishment that, although haVing the char\nacteristics ofa retail store, primarily furnishes services \nto the public, such as a barber shop, laundry, or auto\nmobile-repair shop. \nservice life. The period ofan asset's expected usefulness. \n It mayor may not coincide with the asset's depre\nciable life for income-tax purposes. \nservicemark. (1945) Trademarks. A name, phrase, \nor other device used to identify and distinguish the \nservices ofa certain provider.  Servicemarks identify \nand afford protection to intangible things such as \nservices, as distinguished from the protection already \nprovided for marks affixed to tangible things such as \ngoods and products. -Often shortened to mark. \nAlso spelled service mark; service-mark. Cf. TRADE\nMARK (1); registered trademark under TRADEMARK. \n[Cases: Trademarks C=>1024.] \nservicemark application. See TRADEMARK APPLICA\nTION. \nservice-occupation tax. See TAX. \nservice ofprocess. See SERVICE (1). \nserviens narrator (s<lr-vee-enz na-ray-t<lr). See SERjEANT\nAT-LAW. \nservient (sar-vee-\"nt), adj. (l7c) (Of an estate) subject to a \nservitude or easement. See servient estate under ESTATE \n(4). [Cases: Easements C=>1.] \nservient estate. See ESTATE (4). \nservient property. See servient estate under ESTATE (4). \n\n1492 servient tenant \nservient tenant. See TENANT. \nservient tenement. See servient estate under ESTATE \n(4). \nservitia solita et consueta (sar-vish-ee-a soI-a-ta kan\nswee-ta). [Law Latin \"services used and wont\"] Scots \nlaw. A common return required by certain charters, \nusu. implying military service, from a vassal to a lord. \nservitii praestatio (sar-vish-ee-I pri-stay-shee-oh). [Law \nLatin] Hist. The performance of services. \nservitiis acquietandis (sar-vish-ee-is a-kwI-a-tan-dis), \nn. [Law Latin \"for being quit of service\"] Hist. A writ \nexempting a person from performing certain services, \neither because they are not due or because they are due \nsomeone other than the distrainor. \nservitium (sar-vish-ee-am), n. [Latin \"service\"} Hist. The \nduty of service; esp., a tenant's duty ofperformance and \nobedience to the lord. \nservitium feodale et praediale (sar-vish-ee-am fee-a\nday-lee [or fyoo-day-Iee] et pree-dee-ay-Iee), n. [Law \nLatin} Hist. A personal service due only by reason of \nlands held in fee. \nservitium forinsecum (sar-vish-ee-am fa-rin-si-kam), \nn. [Law Latin} Hist. A service due the king rather than \na lord. \nservitium intrinsecum (s;>r-vish-ee-;>m in-trin-si-bm), \nn. [Law Latin] Hist. The ordinary service due from a \ntenant to the chieflord. \nservitium liberum (sar-vish-ee-;>m lib-;>f-;>m), n. [Law \nLatin] Hist. The service by a free tenant (not a vassal) \nto the lord, as by attending the lord's court or accom\npanying the lord into military service. -Also termed \nliberum servitium; servitium liberum armorum. \nservitium regale (s;>f-vish-ee-;>m ri-gay-lee). [Latin \"royal \nservice\"} Hist. The right of a lord of a royal manor to \nsettle disputes, make assessments, mint money, and \nthe like. \nservitium scuti (sar-vish-ee-<lm sk[y]oo-tI). [Latin \n\"service of the shield\"] Hist. Knight-service. \nservitium socae (s<lr-vish-ee-am soh-see). [Latin \"service \nof the plow\"} Hist. Socage. \nservitor of bills (s3r-vi-t<lr). Hist. A messenger ofthe \nmarshal of the King's Bench, sent out to summon \npeople to court. Also termed tip-stave. \nservitude. (16c) 1. An encumbrance consisting in a right \nto the limited use of a piece of land or other immov\nable property without the possession of it; a charge or \nburden on an estate for another's benefit <the easement \nby necessity is an equitable servitude>. -Servitudes \ninclude easements, irrevocable licenses, profits, and \nreal covenants. See EASEMENT; LICENSE; PROFIT (2); \ncovenant running with the land under COVENANT (4). \n[Cases: Covenants 53; Easements 1.] 2. \nRoman & civil law. 1he right exercised by a dominant \ntenement over a servient tenement, either adjoining \nor neighboring. -This right was perpetual except for \npersonal servitudes; the land, rather than its owner, enjoyed the right. Although a servitude could not be \npossessed because it was incorporeal, it could be pro\ntected by interdict. Generally, a servitude had to be exer\ncised civiliter, with as little inconvenience as possible. \nThere was never a closed list ofwhat constituted a ser\nvitude; for example, Justinian classed personal rights in \nre aliena as personal servitude. See SERVITUS (2). \nacquired servitude. (1971) A servitude requiring a \nspecial mode ofacquisition before it comes into exis\ntence. \nadditional servitude. (18c) A servitude imposed on \nland taken under an eminent-domain proceeding for \na different type of servitude, as when a highway is \nconstructed on land condemned for a public sidewalk. \n- A landowner whose land is burdened by an addi\ntional servitude is entitled to further compensation. \naffirmative servitude. Civil law. See positive servi\ntude. \napparent servitude. (1834) Civil law. A servitude \nappurtenant that is manifested by exterior signs or \nconstructions, such as a roadway. Cf. nonapparent \nservitude. \nconservation servitude. See conservation easement \nunder EASEMENT. \ncontinuous servitude. Louisiana law. See continuous \neasement under EASEMENT. La. Civ. Code art. 646. \nconventional servitude. Civi/law. A servitude estab\nlished by agreement or through acquiSitive prescrip\ntion. [Cases: Easements ~5,14.] \ndiscontinuous servitude. See discontinuous easement \nunder EASEMENT. \nequitable servitude. See restrictive covenant under \nCOVENANT (4). \nlanded servitude. See servitude appurtenant. \nlegal servitude. (18c) Civil law. A limitation that the law \nimposes on the use of an estate for the benefit of the \ngeneral public or of a particular person or persons. \n_ Examples of legal servitudes are restrictions on \ncertain uses ofthe shores ofnavigable rivers, and the \nobligation of a landowner to provide a passage to an \nenclosed estate. \nmineral servitude. (1931) Louisiana law. A servitude \ngranting the right to enter another's property to \nexplore for and extract minerals; speci., under the \nLouisiana Mineral Code, a charge on land in favor of \na person or another tract ofland, creating a limited \nright to use the land to explore for and produce \nminerals. -The servitude is generally eqUivalent to \nthe severed mineral interest in a common-law state. \nMines and Minerals 62.1, 73.1(6).] \nnatural servitude. (ISc) 1. A servitude naturally \nappurtenant to land, requiring no special mode of \nacquisition. -An example is the right ofland, unen\ncumbered by buildings, to the support ofthe adjoin\ning land. 2. Civil law. A servitude imposed by law \nbecause of the natural situation ofthe estates. -An \nexample of a natural servitude is a lower estate that \n\n1493 \nis bound to receive waters flowing naturally from a \nhigher estate. \nnavigation servitude. 1. An easement allowing the \nfederal government to regulate commerce on navi\ngable water without having to pay compensation for i \ninterfering with private ownership rights. See NAVI\nGABLE WATER. [Cases: Navigable Waters~2.J \n\"The navigation servitude, because of its link to navigable \nwaters and the protection of navigation, is often confused \nwith the public trust doctrine. The navigation servitude, \nhowever, is a paramount federal servitude on navigable , \nwaters based on the commerce power rather than on own ! \nership or trust responsibilities.\" Donna R. Christie, Coastal \nand Ocean Management Law in a Nutshell 34 (1994). \n2. An easement, based on the state police power or \npublic-trust doctrine, that allows a state to regulate \ncommerce on navigable water and provide limited \ncompensation for interference with private ownership \nrights. A state servitude is inferior to the federal \nservitude. [Cases: Navigable Waters \nnegative servitude. Civil law. A servitude appurte- i \nnant allowing a dominant landowner to prohibit the , \nservient landowner from exercising a right.  For i \nexample, a negative servitude, such as jus ne lumini\nbus officiatur, prevents a landowner from building in \na way that blocks light from reaching another person's I \nhouse. \nnonapparent servitude. Civil law. A servitude appurte\nnant that is not obvious because there are no exterior \nsigns of its existence . An example is a prohibition \nagainst building above a certain height. cr. apparent \nservitude. \npersonal servitude. (17c) 1. A servitude granting a i \nspecific person certain rights in property. 2. Roman ' \nlaw. A specific person's right over the property of \nanother, regardless ofwho the owner might be. - A \npersonal servitude lasted for the person's lifetime. 3. \nLouisiana law. A servitude that benefits a person or \nan immovable. La. Civ. Code art. 534. [Cases: Ease\nments 3.] \npositive servitude. Civil law. A real servitude allowing a \nperson to lawfully do something on the servient land-, \nowner's property, such as entering the property. -i \nAlso termed affirmative servitude. \npredial servitude. See servitude appurtenant. \nprivate servitude. (1922) A servitude vested in a par\nticular person. -Examples include a landowner's \npersonal right -of-way over an adjoining piece ofland \nor a right granted to one person to fish in another's \nlake. \npublic servitude. (1805) A servitude vested in the public \nat large or in some class of indeterminate individu\nals. Examples include the right of the public to use \na highway over privately owned land and the right to \nnavigate a river the bed of which is privately owned. \nreal servitude. See servitude appurtenant. \nrural servitude. Roman law. A servitude chiefly affect\ning agricultural land or land in the country. -The servitus \nfour oldest types, iter, actus, via, and aqueductus were \nall res mancipi despite being incorporeal. Most rural \nservitudes were easements, but some were profits. \nAlso termed rustic servitude; praedium rusticum; jus \nrusticorum praediorum. \nservitude appurtenant. (1893) A servitude that is not \nmerely an encumbrance of one piece ofland but is \naccessory to another piece; the right of using one piece \nofland for the benefit ofanother, such as the right of \nsupport for a building. -Also termed real servitude; \npredial (or praedial) servitude; landed servitude. La. \nCiv. Code art. 646. [Cases: Easements \nservitude in gross. (1884) A servitude that is not acces\nsory to any dominant estate for whose benefit it exists \nbut is merely an encumbrance on a given piece of \nland. [Cases: Easements \nservitude ofdrip. Louisiana law. A servitude appurte\nnant that binds the servient estate's owner to maintain \na roof so that rainwater does not drip or drain onto \nthe dominant estate. La. Civ. Code art. 664. Also \ntermed servitude ofdrip and drain. [Cases: Waters and \nWater Courses (,.~121.] \nservitude ofview. Louisiana law. 'Ihe dominant estate \nowner's right to enjoy a view through the servient \nestate and to prevent its obstruction. La. Civ. Code \nart. 701. [Cases: Adjoining Landowners Ease\nments~ll, 19.] \nurban servitude. (1831) 1. A servitude appertaining \nto the building and construction of houses in a city, \nsuch as the right to light and air. [Cases: Adjoining \nLandowners <:::=::> 10; Easements ~11, 19.] 2. Roman \nlaw. A servitude that primarily affects buildings or \nurban land . With the exception of oneris ferendi, \nurban servitudes were passive. They could be affected \nby planning legislation. -Also termed (in sense 2) \npraedium urbanum;jus urbanorurn praediorum. \n3. The condition of being a servant or slave <under the \n15th Amendment, an American citizen's right to vote \ncannot be denied on account ofrace, color, or previous \ncondition of servitude>. 4. The condition ofa prisoner \nwho has been sentenced to forced labor <penal servi\ntude>. \ninvoluntary servitude. (18c) The condition of one \nforced to labor for payor not for another by \ncoercion or imprisonment"}
{"text": "itude. (18c) The condition of one \nforced to labor for payor not for another by \ncoercion or imprisonment. [Cases: Constitutional \nLaw~llOL] \nservitude ofdrip and drain. See servitude ofdrip under \nSERVITUDE (2). \nservitus (sar-vi-tas), n. [Latin fr. servire \"to serve\") Roman \nlaw. 1. Slavery; bondage. 2. A servitude, usu. a servitude \nappurtenant as opposed to a personal servitude such as \nusufruct; an easement. See rural servitude and urban \nservitude under SERVITUDE (2). PI. servitutes. \nservitus actus (sar-vi-tas ak-tas). (Latin \"the servitude \nof driving cattle\"] Roman law. A type ofright-of-way; \na rural servitude entitling one to walk, ride, or drive \nanimals over another's property. \n\n1494 servus \nservitus altius non tollendi (s;lr-vi-t;ls al-shee-::ls \nnon t::l-len-dI). [Latin \"the servitude of not building \nhigher\"] Roman law. An urban servitude allowing a \nperson to prevent a neighbor from building a taller \nhouse. \nservitus aquae ducendae (s;lr-vi-t::ls ak-wee d[y]oo\nsen-dee). [Latin \"the servitude of leading water\"] \nRoman law. A rural servitude allowing one to bring \nwater to property through another's land, as by a \ncanal. -Also termed aquaeductus. \nservitus aquae educendae (s;lr-vi-t::ls ak-wee ee-d[y]oo\nsen-dee). [Latin \"the servitude ofleading off water\"] \nRoman law. An urban servitude entitling a person to \ndischarge water onto another's land. \nservitus aquae hauriendae (s;lr-vi-t::ls haw-ree-en-dee). \n[Latin \"the servitude ofdrawing water\"] Roman law. \nSee AQUAEHAUSTUS. \nservitus aquaehaustus (s;lr-vi-t::ls ak-wee haws-t::ls). \n[Latin \"the servitude ofdrawing water\"] Roman law. \nSee AQUAEHAUSTUS. \nservitus jluminis (s;lr-vi-t::ls floo-m::l-n::ls). [Latin \"the \nservitude of a stream of rainwater\"] Roman law. An \nurban servitude consisting in the right to divert rain\nwater as opposed to drip (stillicidium) onto another's \nland. \nservitus fumi immittendi (s;lr-vi-t::ls fyoo-mI im-::l\nten-dI). [Latin \"the servitude ofdischarging smoke\"] \nRoman law. An urban servitude allowing a person's \nchimney smoke to be directed over a neighbor's \nproperty. \nservitus itineris (s;lr-vi-t::ls I-tin-::lr-is). [Latin \"the ser\nvitude of way\"] See ITER. \nservitus luminum (s;lr-vi-t::ls loo-m::l-n::lm). [Latin \"the \nservitude oflights\"] Roman law. An urban servitude \nentitling one to receive light from a neighbor's land, \nas by building windows in a common wall to light a \nroom. \nservitus ne luminibus officiatur (s;lr-vi-t::ls nee 100\nmin-::l-b::ls ::l-fish-ee-ay-t::lr). [Latin \"the servitude not \nto hinder light\"] Roman law. An urban servitude pre\nventing someone's light from being obstructed by a \nneighbor's building. \nservitus ne prospectui officiatur (s;lr-vi-t::ls nee pr::l\nspek-too-I ::l-fish-ee-ay-t::lr). [Latin \"the servitude not \nto intercept one's prospect\"] Roman law. An urban \nservitude entitling someone to an unobstructed \nview. \nservitus oneris ferendi (s;lr-vi-t::ls on-::l-ris f::l-ren-dI). \n[Latin \"the servitude ofbearing weight\"] Roman law. \nThe urban servitude allowing a person's building \nto rest on a neighbor's building, wall, or pillar. See \nONERIS FERENDI; JUS ONERIS FERENDI. \nservitus pascendi (s;lr-vi-t::ls pa-sen-dI). [Latin \"the ser\nvitude of pasturing\"] Roman law. A rural servitude \nallowing one to pasture cattle on another's land. \nAlso termed jus pascendi. servitus pecoris ad aquam adpulsum (s;lr-vi-t::ls pek\n::l-ris ad ak-w::lm ad-p;ll-s::lm). [Latin \"the servitude to \ndrive cattle to water\"] Roman law. A rural servitude \nallowing one to drive cattle to water across another's \nland. \nservitus praedii rustici (s;lr-vi-t::ls pree-dee-I r;ls-ti-sI). \n[Latin \"the servitude ofa country estate\"] Roman law. \nA rural servitude; a servitude attached to land, as in \nservitus pecoris ad aquam adpulsus. Cf. rural servi\ntude under SERVITUDE (2). \nservitus praedii urbani (s;lr-vi-t::ls pree-dee-I \n::lr-bay-nr). [Latin \"the servitude ofan urban estate\"] \nRoman law. An urban servitude; a servitude attached \nto a building, as in servitus oneris ferendi. See urban \nservitude under SERVITUDE (2). \nservitus praediorum (s;lr-vi-t::ls pree-dee-or-::lm). \n[Latin \"praedial servitude\"] Roman law. A burden \non one estate for the benefit ofanother. See servitude \nappurtenant under SERVITUDE (2). \nservitus projiciendi (s;lr-vi-t::ls pr::l-jish-ee-en-dI). [Latin \n\"the servitude of projecting\"] Roman law. An urban \nservitude allowing a projection from one's building \ninto the open space over a neighbor's property. \nservitus stillicidii (s;lr-vi-t::ls stil-::l-sid-ee-I). [Latin \"the \nservitude of drip\"] Roman law. An urban servitude \nallowing water to drip from one's house onto a neigh\nbor's house or ground. Cf. AQUAE IMMITTENDAE; DRIP \nRIGHTS. \nservitus tigni immittendi (s;lr-vi-t::ls tig-nr im-::l\nten-dI). [Latin \"the servitude ofletting in a beam\"] \nRoman law. An urban servitude allowing one to insert \nbeams into a neighbor's wall. \nservitus viae (s;lr-vi-t::ls vI-eel. [Latin \"the servitude of \nroad way\"] Roman law. A rural servitude allowing a \nright-of-way over another's land. See VIA (2). \nservus (s;lr-V::ls), n. [Latin] 1. Roman law. A slave; a \nhuman being who was property, and could be bought, \nsold, pledged, and testated. A Roman slave who was \nformally freed became a Roman citizen. Cf. INGENUUS; \nLATINI JUNIANI; LIBERTINII. 2. Hist. A bondman; a \nservant. \nsess, n. See CESS. \nsessio (sesh-ee-oh), n. [Latin \"a sitting\"] Hist. A session; \na sitting, as in sessio parliamenti (\"the sitting of Par\nliament\"). \nsession. (ISc) 1. Parliamentary law. A meeting or series of \nrelated meetings throughout which a court, legislature, \nor other deliberative assembly conducts business in a \ncontinuing sequence <the court's spring session>. \nAlso termed (for a court) sitting. See TERM (5). \n\"Parliament have three modes of separation, to wit, by \nadjournment, by prorogation, or dissolution by the king, \nor by the efflux of the term for which they were elected. \nProrogation or dissolution constitutes there what is called \na session, provided some act has passed. In this case all \nmatters depending before them are discontinued, and at \ntheir next meeting are to be taken up de novo, if taken up \nat all. Adjournment, which is by themselves, is no more \nthan a continuance of the session from one day to another, \n\n1495 \nor for a fortnight, a month, &c. ad libitum. All matters \ndepending remain in statu quo, and when they meet again, \nbe the term ever so distant, are resumed without any fresh \ncommencement. at the point at which they were left. Their \nwhole session is considered in law but as one day, and \nhas relation to the first day thereof.\" Thomas Jefferson, A \nManual of Parliamentary Practice 127-28 (1801) (citations \nomitted). \nbiennial session. (1854) A legislative session held every \ntwo years . Most state legislatures have biennial \nsessions, usu. held in odd-numbered years. lCases: \nStates (;:::;c 32.] \nclosed session. (1956) 1. See executive session. 2. A \nsession to which parties not directly involved are not \nadmitted. 3. Military law. A period during a court\nmartial when the members (or the judge, if trial is \nbefore a military judge) deliberate alone. -Also \ntermed closed court. [Cases: Military Justice \n1222, 1270.] \nexecutive session. A meeting, usu. held in secret, that \nonly the members and invited nonmembers may \nattend. The term originated in the United States \nSenate, which until 1929 sat behind closed doors when \nit advised the President about executive business such \nas appointments and treaties. Also termed closed \nsession; secret session. [Cases: Administrative Law \nand Procedure 124; Municipal Corporations \n\"Virtually all open meeting statutes expressly authorize \nthe use of executive sessions, typically specifying the \nparticular circumstances in which executive sessions are \npermitted. When the specific circumstances are specified, \ngenerally no other exceptions are permitted .... Use of the \nexecutive session to discuss matters not properly hidden \nfrom the public is a clear violation of the open meeting \nlaw. Many states expressly or impliCitly forbid use of the \nexecutive session as a subterfuge to defeat the purposes of \nthe open meeting law.\" Ann Taylor Schwing, Open Meeting \nLaws  7.1, at 357, 359 (2d ed. 2000). \nextraordinary session. See special session. \nextra session. See special session. \njoint session. (1853) The combined meeting oftwo leg\nislative bodies (such as the House of Representatives \nand the Senate) to pursue a common agenda. [Cases: \nUnited States (;:::=)18.] \n\"When the two houses meet in a joint seSSion, they, in \neffect, merge into one house where the quorum is a \nmajority of the members of both houses, where the votes \nof members of each house have equal weight, and where \nspecial rules can be adopted to govern joint sessions or \nthey can be governed by the parliamentary common law.\" \nNational Conference of State Legislatures, Mason's Manual \nofLegislative Procedure  782, at 573 (2000). \nlame-duck session. (1924) A post-election legislative \nsession in which some of the participants are voting \nduring their last days as elected officials. See LAME \nDUCK. [Cases: States (;:::;c32.] \nopen session. (1810) 1. A session to which parties \nnot directly involved are admitted. Also termed \npublic session. 2. Military law. The period during a \ncourt-martial in which all participants are in the \ncourtroom. Generally, the public may attend a set aside \ncourt-martial's open session. [Cases: Military Justice \nC:::-1210.1, 1222.] \nplenary session. (1936) A meeting ofall the members of \na deliberative assembly, not just a committee. \npro forma session. A legislative session held not to \nconduct business but only to satisfy a constitutional \nprovision that neither house may adjourn for longer \nthan a certain time (usu. three days) without the other \nhouse's consent. \npublic session. See open session (1). \nquarter session. 1. English law. The meetings held four \ntimes a year by a county's justices of the peace to \ntransact business, including trying certain criminal \nand civil matters as specified by statute . The quarter \nsessions were abolished in 1971 and replaced by the \nCrown Court system. 2. Scots law. A meeting formerly \nheld four times a year by the justices to review \ncriminal sentences. -Abbr. Q.S. \nregular session. (18c) A session that takes place at fixed \nintervals or specified times. \nsecret session. See executive session. \nspecial session. (17c) A legislative session, usu. called \nby the executive, that meets outside its regular term to \nconsider a specific issue or to reduce backlog. Also \ntermed extra session; extraordinary session. [Cases: \nStates (;:::;c 32.] \n2. The period within any given day during which such \na body is assembled and performing its duties <court is \nin session>. -The terms \"meeting\" and \"session\" have \nopposite but sometimes interchangeable meanings. An \norganization's annual convention may consist of several \nconsecutive meetings that it calls \"sessions,\" such as a \nmorning session and an afternoon session, or a Friday \nsession and a Saturday session, which are technically \nmeetings rather than sessions. Likewise, the organi\nzation may call its convention an \"annual meeting,\" \nwhich technically comprises several meetings that con\nstitute a single session. Cf. .MEETI~G. 3. A trading day \nin a stock market. \ntriple witching session. A stock-market session on \nthe third Friday in March, June, September, and \nDecember during which stock options, index options \nand futures contracts all expire . Stock-market vola\ntility and share volume are often high on these days \nsession laws. (18c) 1. A body ofstatutes enacted by a leg\nislature during a particular annual or biennial session. \n2. The softbound booklets containing these statutes. \nAlso termed acts ofassembly; blue books; sheet acts. \nsessions. See COURT OF GENERAL QUARTER SESSIONS OF \nTHE PEACE. \nset-aside, n. (1943) Something (such as a percentage \nof funds) that is reserved"}
{"text": "EACE. \nset-aside, n. (1943) Something (such as a percentage \nof funds) that is reserved or put aside for a specific \npurpose. \nset aside, vb. (18c) (Of a court) to annul or vacate (a \njudgment, order, etc.) <the judge refused to set aside \nthe default judgment>. [Cases: Federal Civil Procedure \n~'='2441, 2641; Judgment 336.] \n\n1496 setback \nsetback, n. (1916) Real estate. The minimum amount of \nspace required between a lot line and a building line \n<a 12-foot setback>. -Typically contained in zoning \nordinances or deed restrictions, setbacks are designed \nto ensure that enough light and ventilation reach the \nproperty and to keep buildings from being erected \ntoo close to property lines. See BUSINESS LINE. [Cases: \nZoning and Planning C--'-::>64, \nsetback requirement. See BUILDING LINE. \nset down, vb. (18c) To schedule (a case) for trial or \nhearing, usu. by making a docket entry. \nse te fecerit securum (see tee fes-dr-it si-kyoor-dm). \n[Latin] See SI FECERIT TE SECURUM. \nset forth. See SET OUT. \nseti (set-ee). Mining law. A lease. \nset ofexchange. Commercial law. A Single bill oflading \ndrawn in a set of parts, each of which is valid only if \nthe goods have not been delivered against any other \npart. _ Bills may be drawn in duplicate or triplicate, \nthe first part being \"first of exchange:' the second part \nbeing \"second ofexchange,\" and so on. When one part \nhas been paid, the other parts become void. \nsetoff, n. (I8c) 1. A defendant's counterdemand against \nthe plaintiff, arising out of a transaction independent \nofthe plaintiffs claim. [Cases: Federal Civil Procedure \nSet-offand Counterclaim 2. A debtor's \nright to reduce the amount of a debt by any sum the \ncreditor owes the debtor; the counterbalancing sum \nowed by the creditor. -Also written set-off. -Also \ntermed (in civil law) compensation; stoppage. See COUN\nTERCLAIM; OFFSET. Cf. RECOUPMENT (3). [Cases: Banks \nand Banking 0134; Set-off and Counterclaim <8:::::>8.] \n3. The balancing of mutual liabilities with respect to a \npledge relationship. -set off, vb. \n\"Setoff signifies the subtraction or taking away of one \ndemand from another opposite or cross demand, so as \nto distinguish the smaller demand and reduce the greater \nby the amount of the less; or. if the opposite demands are \nequal, to extinguish both. It was also. formerly. sometimes \ncalled stoppage, because the amount to be set-off was \nstopped or deducted from the cross demand.\" Thomas W_ \nWaterman, A Treatise on the Law of Se tOff. Recoupment, \nand Counter Claim  1, at 1 (2d ed. 1872). \n\"Before considering the counterclaim, a brief reference to \n'the setoff' as known in former practice is necessary. By \nthe common law, the setting off of one demand against \nanother in the same action was unknown. If A had a cause \nof action in debt against B, and B had another cause of \naction in debt in equal amount against A. each must bring \nhis action. One could not be set off against the other. ThiS \nwas changed by statute in England in 1729, by a provi\nsion which. somewhat enlarged and modified. has been \ngenerally adopted in this country.\" Edwin E. Bryant, The \nLawofP!eading Under the Codes ofCivil Procedure 250-51 \n(2d ed_ 1899). \n\"Setoff is defined to be a counter-demand, generally of a \nliquidated debt growing out ofan independent transaction \nfor which an action might be maintained by the defendant \nagainst the plaintiff.\" Eugene A. Jones. Manual of Equity \nPleading and Practice 65 n.42 (1916). set out, vb. (16c) To recite, explain, narrate, or incorpo\nrate (facts or circumstances) <set out the terms of the \ncontract>. Also termed set forth. \nset over, vb. (16c) To transfer or convey (property) <to \nset over the land to the purchaser>. \nsetting, n. The date and time established by a court for a \ntrial or hearing <the plaintiff sought a continuance of \nthe imminent setting>. [Cases: Federal Civil Procedure \nC=::\" 1991; Trial 9.] \nspecial setting. (1916) A preferential setting on a court's \ncalendar, usu. reserved for older cases or cases given \npriority by law. made either on a party's motion or on \nthe court's own motion. -For example. some juris\ndictions authorize a special setting for cases involVing \na party over the age of70. -Also termed speCial trial \nsetting; trial-setting preference. [Cases: Trial (;::~) 13.] \nsettled estate. See ESTATE (1). \nsettled insanity. See DELIRIUM TREMENS. \nsettled land. See LAND. \nsettlement, n. (l7c) 1. The conveyance ofproperty or \nof interests in property -to provide for one or more \nbeneficiaries, usu. members of the settlor's family, in \na way that differs from what the beneficiaries would \nreceive as heirs under the statutes ofdescent and distri\nbution <in marriage settlements, historically, the wife \nwaived her right to claim dower or to succeed to her \nhusband's property>. [Cases: Executors and Admin\nistrators C=::\"SlS.J \nstrict settlement. Hist. A property settlement that \naimed to keep the estate within the family by creating \nsuccessive interests in tail and shielding remainders \nfrom destruction by the interposition of a trust. Cf. \ntrader's settlement. \ntrader's settlement. Hist. A property settlement in \nwhich the land is put into a trust for sale, the proceeds \nto be either paid out to beneficiaries over time or \ndivided among the settlor's heirs. Cf. strict settle\nment. \nvoluntary settlement. A property settlement made \nwithout valuable consideration other than psy\nchological or emotional consideration such as love \nand affection from the beneficiary. \n2. An agreement ending a dispute or lawsuit <the \nparties reached a settlement the day before trial>.\nAlso termed settlement agreement. [Cases: Compro\nmise and Settlement 0 LJ \nderivative settlement. 1. The negotiated outcome of \na derivative action. See DERIVATIVE ACTION. 2. A \nperson's legal-reSidence status that is acquired though \nanother person. as with a child through one or both \nparents. \nfinal settlement. A court order discharging an execu\ntor's duties after an estate's execution. [Cases: Execu\ntors and Administrators C=::\"512.J \n\n1497 \nfull settlement. A settlement and release ofall pending \nclaims between the parties. [Cases: Compromise and \nSettlement \njudicial settlement. The settlement ofa civil case with \nthe help of a judge who is not assigned to adjudicate \nthe dispute. _ Parties sometimes find this procedure \nadvantageous because it capitalizes on judicial experi\nence in evaluating the settlement value ofa claim. \nmediated settlement agreement. A settlement agree\nment arrived at through mediation. -Abbr. MSA. \n[Cases: Alternative Dispute Resolution C'::>484; Com\npromise and Settlement (;::::c-2, 5.J \nnuisance settlement. A settlement in which the defen\ndant pays the plaintiff purely for economic reasons \nas opposed to any notion ofresponsibility -because \nwithout the settlement the defendant would spend \nmore money in legal fees and expenses caused by \nprotracted litigation than in paying the settlement \namount. -The money paid in such a settlement is \noften termed nuisance money. \nout-of-court settlement. The settlement and termina\ntion of a pending suit, arrived at without the court's \nparticipation. [Cases: Compromise and Settlement \nC:Jl.J \nstructured settlement. A settlement in which the defen\ndant agrees to pay periodic sums to the plaintiff for a \nspecified time.[Cases: Assignments (;::::c-62; Compro\nmise and Settlement (;::::c-2.] \n\"EspeCially in personal injury and product liability cases, \nstructl.lred settlements -Le., those which provide for \nan initial cash payment followed by deferred payments \nin future years, normally on some annuity baSis are \nbecoming more frequent.... Such a structured settle\nment may have advantages over a lumpsum cash payment. \nDeferred payments or arranged settlements may serve par \nticular purposes that a cash settlement could not reach, \nand there will be instances when a structured settlement \nwill be in lieu of an all-cash settlement that would not be \nacceptable to one party or the other.\" Alba Conte, Attorney \nFee Awards  2.31, at 101 (1993). \n3. Payment, satisfaction, or final adjustment <the seller \nshipped the goods after confirming the buyer's settle\nment ofthe account>. \nviatical settlement (vI-at-;}-bl). [fro Latin viaticus \n\"relating to a road or journey\"] A transaction in which \na terminally or chronically ill person sells the benefits \nofa life-insurance policy to a third party in return for \na lump-sum cash payment equal to a percentage ofthe \npolicy's face value. -Viatical settlements are common \nwith AIDS patients, many ofwhom sell their policies \nat a 20% to 40% discount, depending on life expec\ntancy. When the insured (called the \"viator\") dies, \nthe investor receives the insurance benefit. Also \ntermed life settlement. [Cases: Insurance (;::;:'1994.1 \n4. CLOSING <the settlement on their first home is next \nFriday>. 5. Wills & estates. The complete execution of \nan estate by the executor <the settlement of the estate \nwas long and complex>. [Cases: Executors and Admin\nistrators (;::::c-502-516.] 6. The establishment of a legal \nresidence. This sense was frequently used in poor-Seventh Amendment \nrelief contexts. Cf. (in sense 6) STATUS OF IRREMOV\nABILITY. settle, vb. \nsettlement agent. 1. See AGENT (2). 2. See settlement \nattorney under ATTORNEY. \nsettlement agreement. See SETTLEME:-.1T (2). \nsettlement attorney. See ATTORNEY. \nsettlement class. See CLASS (4). \nsettlement counsel. See CIRCUIT MEDIATOR. \nsettlement credit. (1979) Civil procedure. A court's reduc\ntion of the amount of a jury verdict -or the effect of \nthe verdict on non settling defendants -to account for \nsettlement funds the plaintiff has received from former \ndefendants or from other responsible parties. [Cases: \nCompromise and Settlement (;::::c-15(1); Damages \n63.] \nsettlement date. See DATE. \nsettlement-first method. (1996) A means by which \nto apply a settlement credit to a jury verdict, by first \nredUcing the amount of the verdict by subtracting the \namount of all settlements the plaintiff has received on \nthe claim, then reducing the remainder by the percent\nage ofthe plaintiff's comparative fault. See SETTLEMENT \nCREDIT. Cf. FAULT-FIRST METHOD. [Cases: Damages \n(;::::c-63.] \nsettlement option. See OPTION. \nsettlement right. Hist. A government-issued certificate \ngranting land to a settler. \nsettlement sheet. See CLOSING STATEMENT (2). \nsettlement statement. See CLOSING STATEMENT (2). \nsettlement value. See VALUE (2). \nsettler. (17c) 1. A person who occupies property with \nthe intent to establish a residence . The term is usu. \napplied to an early resident of a country or region. 2. \nSETTLOR. \nsettle up, vb. (1884) To collect, pay, and turn over debts \nand property (e.g., of a decedent, bankrupt, or insol\nvent business). \nsettlor (set-br). (18c) 1. A person who makes a settle\nment ofproperty; esp., one who sets up a trust. Also \ntermed creator; donor; trustor; grantor;founder. [Cases: \nTrusts (;::::c-8.] 2. A party to an instrument. -Also \nspelled (in both senses) settler. \nset up, vb. To raise (a defense) <the defendant set up the \ninsanity defense on the murder charge>. \nSeventeenth Amendment. lhe constitutional amend\nment, ratified in 1913, transferring the power to elect \nU.S. senators from the state legislatures to the states' \nvoters. [Cases: United States (;::::c-1 L] \nSeventh Amendment. The constitutional amendment, \nratified with the Bill ofRights in 1791, guaranteeing the \nright to a jury trial in federal civil cases that are tradi\ntionally considered to be suits at common law and that \nhave an amount in controversy exceeding $20. [Cases: \nJury (;::::c-9-14.] \n\n72COLREGS 1498 \n72 COLREGS. See INTERNATIONAL RULES OF THE \nROAD. \nseven-years'-absence rule. (1920) The principle that a \nperson who has been missing without explanation for \nat least seven years is legally presumed dead. Cf. ENOCH \nARDEN LAW. \n\"[I]n the United States, it is quite generally held or provided \nby statute that a presumption of death arises from the \ncontinued and unexplained absence of a person from his \nhome or place of residence without any intelligence from or \nconcerning him for the period of 7 years. The presumption \nhas been regarded as a procedural expedient and a rule of \nevidence.\" 22A Am. Jur. 2d Death  551, at 527 (1988). \nseverability. See BLUE-PENCIL TEST. \nseverability clause. (1935) A provision that keeps the \nremaining provisions of a contract or statute in force \nif any portion of that contract or statute is judicially \ndeclared void, unenforceable, or unconstitutional. \nAlso termed saving clause;"}
{"text": "statute is judicially \ndeclared void, unenforceable, or unconstitutional. \nAlso termed saving clause; separability clause. See sever\nable contract under severable statute under \nSTATUTE. [Cases: Contracts Statutes \nseverable contract. See CONTRACT. \nseverable statute. See STATUTE. \nseveral, adj. (I5c) 1. (Of a person, place, or thing) more \nthan one or two but not a lot <several witnesses>. \n[Cases: Negligence (=::484; Torts 2. (Oflia\nbility, etc.) separate; particular; distinct, but not neces\nsarily independent <a several obligation>. 3. (Of things, \netc.) different; various <several settlement options>. \nseveral action. See separate action under ACTION (4). \nseveral contract. See severable contract under \nCONTRACT. \nseveral count. See COUNT. \nseveral covenant. See COVENANT (1). \nseveral demise. See DEMISE. \nseveral fishery. See FISHERY (1). \nseveral inheritance. See INHERITANCE. \nseveral liability. See LIABILITY. \nseverally, adj. Distinctly; separately <severally liable>. \nseveral obligation. See OBLIGATION. \nseveral-remedies rule. (1975) A procedural rule that tolls \na statute of limitations for a plaintiff who has several \navailable forums (such as a workers'-compensation pro\nceeding and the court system) and who timely files in \none forum and later proceeds in another forum, as long \nas the defendant's right and claims are not affected. \n[Cases: Limitation ofActions \nseveral tail. See TAIL. \nseveral tenancy. See TENANCY. \nseveralty (sev-[;)]-r;)l-tee). (15c) Ihe state or condition of \nbeing separate or distinct <the individual landowners \nheld the land in severalty, not as joint tenants>. \nseverance, n. (15c) 1. The act of cutting off; the state \nof being cut off. 2. Civil procedure. The separation, \nby the court, of the claims of multiple parties either to permit separate actions on each claim or to allow \ncertain interlocutory orders to become finaL Also \ntermed severance ofactions; severance ofclaims. See \nbifurcated trial under TRIAL. Cf. CONSOLIDATION (3). \n[Cases: Action (;::::>60; Federal Civil Procedure (:281.] \n3. The termination ofa joint tenancy, usu. by convert\ning it into a tenancy in common. [Cases: Joint Tenancy \n(=::4.] 4. The removal of anything (such as crops or \nminerals) attached or affixed to real property, making \nit personal property rather than a part of the land. \n-Mineral rights are frequently severed from surface \nrights on property that may contain oil and gas or \nother minerals. 5. See SEVERANCE PAY. -sever, vb. \nseverable, adj. \nseverance damages. See DAMAGES. \nseverance ofactions. See SEVERANCE (2). \nseverance ofclaims. See SEVERANCE (2). \nseverance pay. Money (apart from back wages or salary) \npaid by an employer to a dismissed employee. _ The \npayment may be made in exchange for a release of \nany claims that the employee might have against the \nemployer. -Sometimes shortened to severance. \nAlso termed separation pay; dismissal compensation. \n[Cases: Labor and Employment <>::'217.] \nseverance tax. See TAX. \nseward. See CUSTOS MARIS. \nsewer service. See SERVICE (2). \nsex. (14c) 1. The sum of the peculiarities of structure \nand function that distinguish a male from a female \norganism; gender. 2. Sexual intercourse. 3. SEXUAL \nRELATIONS (2). \nsex change. See SEX REASSIGNMENT. \nsex discrimination. See DISCRIMINATION. \nsex-offender registry. A publicly available list of the \nnames and addresses ofsex offenders who have been \nreleased from prison. -The registries were started by \nstate statutes known as \"Megan's laws.\" The lists are \noften posted on the Internet, and some states require \npublication of the offender's photograph, name, and \naddress in local newspapers. See MEGAN'S LAW. [Cases: \nMental Health (=::469(1).] \nsex reassignment. Medical treatment intended to effect a \nsex change; surgery and hormonal treatments deSigned \nto alter a person's gender. -Also termed sex change. \n[Cases: Health C=397, 481.J \nsexual abuse. 1. See ABUSE. 2. See RAPE. \nsexual activity. See SEXUAL RELATIONS. \nsexual assault. 1. See ASSAULT. 2. Sec RAPE. \nsexual assault by contact. See sexual assault (2) under \nASSAULT. \nsexual battery. 1. See BATTERY. 2. See RAPE. \nsexual exploitation. The use ofa person, esp. a child, in \nprostitution, pornography, or other sexually manipula\ntive activity that has caused or could cause serious emo\n\n1499 \ntiona I injury. Sometimes shortened to exploitation. \n[Cases: Infants 5-7; ObscenityC=::2.5.] \nsexual harassment. (1973) A type of employment dis\ncrimination consisting in verbal or physical abuse ofa \nsexual nature. See HARASSMENT. [Cases: Civil Rights \nC=:c 1181.J \nhostile-environment sexual harassment. (1986) Sexual \nharassment in which a work environment is created \nwhere an employee is subject to unwelcome verbal \nor phYSical sexual behavior that is either severe or \npervasive. This type ofharassment might occur, for \nexample, if a group ofcoworkers repeatedly e-mailed \npornographic pictures to a colleague who found the \npictures offensive. [Cases: Civil Rights C=::1185.] \nquidpro quo sexual harassmetlt. (1982) Sexual harass\nment in which an employment decision is based on \nthe satisfaction of a sexual demand. This type of \nharassment might occur, for example, if a boss fired \nor demoted an employee who refused to go on a date \nwith the boss. [Cases: Civil Rights C~::> 1184.J \nsame-sex sexual harassment. Sexual harassment by a \nsupervisor of an employee of the same sex. -Also \ntermed same-sex harassment. [Cases: Civil Rights \n1187, 1194.] \nsexually dangerous person. See SEXUAL PREDATOR. \nsexually transmitted disease. A disease transmitted only \nor chiefly by engaging in sexual acts with an infected \nperson. Common examples are syphilis and gonor\nrhea. Abbr. STD. -Also termed venereal disease. \nsexually violent predator. See SEXUAL PREDATOR. \nsexual offense. See OFFENSE (1). \nsexual orientation. (1931) A person's predisposition or \ninclination toward a particular type of sexual activity \nor behavior; heterosexuality, homosexuality, or bisexu\nality. There has been a trend in recent years to make \nsexual orientation a protected class, esp. in employ\nment and hate-crime statutes. [Cases: Civil Rights C=:: \n1012, 1191.] \nsexual predator. A person who has committed many \nviolent sexual acts or who has a propensity for com\nmitting violent sexual acts. Also termed predator; \nsexually dangerous person; sexually violent predator. \n[Cases: Mental Health C=::452.] \nsexual relations. (1909) 1. Sexual intercourse. -Also \ntermed carnalis copula. 2. Physical sexual activity that \ndoes not necessarily culminate in intercourse . Sexual \nrelations usu. involve the touching ofanother's breast, \nvagina, penis, or anus. Both persons (the toucher and \nthe person touched) are said to engage in sexual rela\ntions. Also termed sexual activity. \nSF. See sinkingfund under FUND (1). \nS/F. abbr. STATUTE OF FRAUDS. \nSG. abbr. 1. SOLICITOR GENERAL. 2. SURGEON GENERAL. \nshack. Hist. The straying and escaping of cattle out of \ntheir owner's land into other unenclosed land; an inter\ncommoning ofcattle. sham exception \nshadow economy. Collectively, the unregistered \neconomic activities that contribute to a country's gross \nnational product. A shadow economy may involve \nthe legal and illegal production ofgoods and services, \nincluding gambling, prostitution, and drug-dealing, as \nwell as barter transactions and unreported incomes. \nAlso termed black economy; black market; underground \neconomy. \nshadow jury. See JURY. \nshadow stock plan. See PHANTOM STOCK PLAN. \nshakedown. (1902) 1. An extortion of money using \nthreats of violence or, in the case of a police officer, \nthreats of arrest. 2. See shakedown search under \nSEARCH. \nshakedown search. See SEARCH. \nshaken-baby syndrome. The medical condition ofa child \nwho has suffered forceful shaking, with resulting brain \ninjury. The syndrome was first identified in the early \n1970s. Common injuries include retinal hemorrhage \nand subdural and subarachnoid hemorrhage, with \nminimal or no signs ofexternal cranial trauma. Many \nvictims suffer blindness or death. [Cases: Criminal Law \nC=::474.4(4); Infants Cd13,20.] \nshakeout, n. An elimination of weak or nonproduc\ntive businesses in an industry, esp. during a period of \nintense competition or declining prices. \nshall, vb. (bef. 12c) 1. Has a duty to; more broadly, is \nrequired to <the requester shall send notice> <notice \nshall be sent> . This is the mandatory sense that \ndrafters typically intend and that courts typically \nuphold. [Cases: Statutes C=::227.J 2. Should (as often \ninterpreted by courts) <all claimants shall request \nmediation>. 3. May <no person shall enter the building \nwithout first signing the roster>. _ When a negative \nword such as not or no precedes shall (as in the example \nin angle brackets), the word shall often means may. \nWhat is being negated is permission, not a requirement. \n4. Will (as a future-tense verb) <the corporation shall \nthen have a period of 30 days to object>. 5. Is entitled \nto <the secretary shall be reimbursed for all expenses>. \n Only sense 1 is acceptable under strict standards of \ndrafting. \nsham, n. (17c) 1. Something that is not what it seems; a \ncounterfeit. 2. A person who pretends to be something \nthat he or she is not; a faker. sham, vb. sham, \nadj. \nsham action. See ACTION (4). \nsham affidavit. See AFFIDAVIT. \nsham defense. See DEFENSE (1). \nshame sanction. See SANCTION. \nshame sentence. See shame sanction under SANCTION. \nsham exception. (1969) An exception to the Noerr-Pen\nnington doctrine whereby a company that petitions the \ngovernment will not receive First Amendment protec\ntion or an exemption from the antitrust laws ifits intent \nin petitioning the government for favorable government \n\n1500 shaming sentence \naction or treatment is really an effort to harm its com\npetitors. See NOERR-PENNINGTON DOCTRINE; sham \naction under ACTION (4). [Cases: Antitrust and Trade \nRegulation \nshaming sentence. See shame sanction under SANCTION. \nsham lawsuit. See sham action under ACTION (4). \nsham litigation. See sham action under ACTION (4). \nsham marriage. See MARRIAGE (1). \nsham petitioning. See sham action under ACTION (4). \nsham plea. See sham pleading under PLEADING (1). \nsham pleading. See PLEADING (1). \nsham prosecution. See PROSECUTION. \nsham suit. See sham action under ACTION (4). \nsham transaction. (1937) An agreement or exchange \nthat has no independent economic benefit or business \npurpose and is entered into solely to create a tax advan\ntage (such as a deduction for a business loss) . The \nInternal Revenue Service is entitled to ignore the \npurported tax benefits of a sham transaction. [Cases: \nInternal Revenue C=>3071.] \nshanghaiing (shang-hl-jng). Ihe act or an instance \nof coercing or inducing someone to do something \nby fraudulent or other wrongful means; specif., the \npractice of drugging, tricking, intoxicating, or other\nwise illegally inducing a person to work aboard a vessel, \nusu. to secure advance money or a premium. -Also \ntermed shanghaiing sailors. 18 USCA  2194. [Cases: \nSeamen (;::::::>34.] \nshare, n. (l4c) 1. An allotted portion owned by, contrib\nuted by, or due to someone <each partner's share of \nthe profits>. \nintestate share. The share that the renouncer ofa will \nwould take in the decedent's assets if the decedent \nhad left no will affecting in any way the distribution \nof assets. [Cases: Wills (;::::>717.] \n2. One of the definite number of equal parts into \nwhich the capital stock of a corporation or jOint-stock \ncompany is divided <the broker advised his customer \nto sell the stock shares when the price reaches $29>. \n A share represents an equity or ownership interest \nin the corporation or joint-stock company. Cf. STOCK \n(4); SECURITY [Cases: Corporations C=>62; Joint \nAdventures \nAmerican share. Securities. A share ofstock in a foreign \ncorporation issued directly to U.S. investors through \na transfer \nqualifying share. A share ofcommon stock purchased \nby someone in order to become a director ofa corpo\nration that requires its directors to be shareholders. \nshare, vb. (16c) 1. To divide (something) into portions. 2. \nTo enjoy or partake of (a power, right, etc.). \n"}
{"text": "1. To divide (something) into portions. 2. \nTo enjoy or partake of (a power, right, etc.). \nshare account. See share-draft account under \nACCOUNT. \nshare acquisition. The acquisition of a corporation \nby purchaSing all or most of its outstanding shares directly from the shareholders; TAKEOVER. Also \ntermed share-acquisition transaction; stock acquisition; \nstock-acquisition transaction. Cf. ASSET ACQUISITION. \n[Cases: Corporations 197; Securities Regulation \nC=>262.1.] \nshare and share alike. To divide (assets, etc.) in equal \nshares or proportions; to engage in per capita division. \nSee PER CAPITA. \nshare certificate. See STOCK CERTIFICATE. \nsharecropping. An agricultural arrangement in which \na landowner leases land to a tenant who, in turn, \ngives the landlord a portion of the crop as rent.  The \nlandlord usu. provides the seed, fertilizer, and \nment. [Cases: Landlord and Tenant \nsharecropper, n. \nshared-appreciation mortgage. See MORTGAGE. \nshared custody. See joint custody under CUSTODY (2). \nshared-equity mortgage. See MORTGAGE. \nshared parenting. See PARENTING. \nshare draft. See DRAFT. \nshare-draft account. See ACCOUNT. \nshared residency. See joint physical custody under \nCUSTODY. \nshareholder. (1832) One who owns or holds a share or \nshares in a company, esp. a corporation. Also termed \nshareowner; (in a corporation) stockholder. [Cases: Cor\nporations C=> 170.] \ncontrolling shareholder. A shareholder who can influ\nence the corporation's activities because the share\nholder either owns a majority of outstanding shares \nor owns a smaller percentage but a Significant number \nof the remaining shares are widely distributed among \nmany others. [Cases: Corporations \ndummy shareholder. A shareholder who owns stock \nin name only for the benefit of the true owner, whose \nidentity is usu. concealed. \ninterested shareholder. A person who owns enough \nofa corporation's stock to affect corporate decision\nmaking, usu. at least 15-20% of the corporation's \noutstanding stock. Also termed interested stock\nholder. \nmajority shareholder. A shareholder who owns or \ncontrols more than half the corporation's stock. \n[Cases: Corporations 182.3.J \nminority shareholder. A shareholder who owns less \nthan half the total shares outstanding and thus \ncannot control the corporation's management or \nsinglehandedly elect directors. Corporations \nC=>182.3.] \nshareholder-control agreement. See POOLING AGREE\nMENT. \nshareholder derivative suit. See DERIVATIVE ACTION \n(1). \nshareholder oppression. See OPPRESSION (4). \n\n1501 \nshareholder proposal. A proposal by one or more cor\nporate stockholders to change company policy or \nprocedure. Ordinarily, the corporation informs all \nstockholders about the proposal before the next share\nholder meeting. \nshareholder resolution. See RESOLUTION (2). \nshareholders' equity. See OWNERS' EQUITY. \nshareholder's liability. See LIABILITY. \nshareholders' scheme of arrangement. See SCHEME OF \nARRANGEMENT. \nshareholder voting agreement. See POOLING AGREE\nMENT. \nshareowner. See SHAREHOLDER. \nshares outstanding. See outstanding stock under STOCK. \nshare split. See STOCK SPLIT. \nshareware. Software that can be redistributed but not \nmodified and requires all users to pay a license fee. \nThe license fee applies to both originals and distributed \ncopies. Cf. FREEWARE; PROPRIETARY SOFTWARE; SEMI\nFREE SOFTWARE. \nshare-warrant to bearer. A warrant providing that the \nbearer is entitled to a certain amount of fully paid stock \nshares. Delivery of the warrant operates as a transfer \nofthe shares of stock. \nSharia (sh<l-ree-<l). 1he body of Islamic religious law \napplicable to police, banking, business, contracts, and \nsocial issues . Sharia is a system oflaws, rather than \na codification oflaws, based on the Koran and other \nIslamic sources. \nshark repellent. 1. TAKEOVER DEFENSE. 2. More specifi\ncally, a charter or bylaw provision designed to impede \nhostile bids to acquire a controlling interest in a cor\nporation. \nsharp, adj. (1886) (Of a clause in a mortgage, deed, \netc.) empowering the creditor to take immediate and \nsummary action upon the debtor's default. See DROP\nDEAD PROVISION. \nsharp practice. (1836) Unethical action and trickery, esp. \nby a lawyer. -Also termed (archaically) unhandsome \ndealing. [Cases: Attorney and Client (>32(4),38.) \nsharp practitioner, n. \nshave, vb. (1832) 1. To purchase (a negotiable instrument) \nat a greater than usual discount rate. 2. To reduce or \ndeduct from (a price). \nsheer, n. Maritime law. A vessel's sudden deviation from \nits line of course; a swerve. \nsheet acts. See SESSION LAWS. \nshelf company. See COMPANY. \nshelf corporation. See shelf company under COMPANY. \nshelf issue. See ISSUE (2). \nshelf registration. See REGISTRATION (2). \nshelf security. See SECURITY. \nshell corporation. See CORPORATION. shelter doctrine \nShelley'S Case, Rule in. See RULE IN SHELLEY'S CASE. \nshell game. A sleight-of-hand game that uses three cups \nor thimble-like objects, one of which has a pea, ball, \nor other small object underneath . This is a game \nof chance in which one player bets that he or she can \nremember under which cup the object is. lhe cups are \nmoved around so quickly that the player finds it dif\nficult to remember where the object is. When played \ncasually on public streets the shell game is usu. a \nswindle because the operator palms the object rather \nthan leaving it under a cup, so the player has no chance \nof winning. -Also termed thimblerig; thimbles and \nballs. See GAME OF CHANCE. [Cases: Gaming \n68(0.5).] \nshelter, n. 1. A place of refuge providing safety from \ndanger, attack, or observation. \nhomeless shelter. A privately or publicly operated resi\ndential facility providing overnight accommodation \nfree of charge to homeless people . Most homeless \nshelters accept occupants on a first-come-first-served \nbasis and are open only from early evening to early \nmorning. Those that serve homeless families may \nremain open throughout the day to women and \nchildren. Some shelters offer occupants help such as \nadvice on finding and applying for public assistance, \nemployment, and medical care. [Cases: Asylums and \nAssisted Living Facilities C-'J35(2).] \nwomen's shelter. A privately or publicly operated resi\ndential facility providing women (and their children) \nwho are victims ofdomestic violence with temporary \nlodging, food, and other services such as employment \nassistance, counseling, and medical care. -Also \ntermed family shelter. \nyouth shelter. 1. A privately or publicly operated resi\ndential facility offering young runaway or throwaway \nchildren and homeless young people a safe place to \nstay, usu. for a short time . The residents enter the \nshelter voluntarily and can leave anytime they wish. \nSome shelters offer long-term transitional training so \nthat young people can leave street life and eventually \nlead independent, productive lives. 2. An alternative \ntype of juvenile-detention center that is less physi\ncally restrictive than a jail or boot camp . Delinquent \njuveniles are usu. brought to these shelters by police \nor ordered to reside there by a court. Residents attend \nschool or work in the daytime and may be permitted \nweekend visits at their family homes. \n2. See TAX SHELTER <the shelter saved the taxpayer over \n$2,000 in taxes>. -shelter, vb. \nshelter-care hearing. See shelter hearing under \nHEARlt'G. \nshelter doctrine. (1955) Commercial law. The prin\nciple that a person to whom a holder in due course \nhas transferred commercial paper, as well as any later \ntransferee, will succeed to the rights ofthe holder in \ndue course . As a result, transferees of holders in due \ncourse are generally not subject to defenses against \nthe payment of an instrument. Ihis doctrine ensures \n\n1502 shelter hearing \nthe free transferability of commercial paper. Its name \nderives from the idea that the transferees \"take shelter\" \nin the rights of the holder in due course. [Cases: Bills \nand Notes (::::>362.] \nshelter hearing. See HEARING. \nshelving. Patents. The failure to begin or the stopping of \ncommercial use ofa patent during a specified period, \nusu. the term of the license . A licensor may place \nan anti-shelving provision in a license to ensure the \nlicensed product's manufacture and sale. The term usu. \napplies to patented inventions, but licenses for trade\nmarked products may also address shelving. \nshepardize, vb. (1928) 1. (often cap.) To determine the \nsubsequent history and treatment of(a case) by using a \nprinted or computerized version ofShepard's Citators. \n2. Loosely, to check the precedential value of(a case) by \nthe same or similar means. shepardization, shepar\ndizing, n. \nsheriff. [Middle English shire reeve from Anglo-Saxon \nscirgerefal1. A county's chief peace officer, usu. elected, \nwho in most jurisdictions acts as custodian of the \ncounty jail, executes civil and criminal process, and \ncarries out judicial mandates within the county. \nAlso termed high sheriff; vice-comes. [Cases: Sheriffs \nand Constables (;:::> 1.] \ndeputy sheriff. An officer who, acting under the direc\ntion of a sheriff, may perform most of the duties of \nthe sheriff's office . Although undersheriffis broadly \nsynonymous with deputy sheriff, writers have some\ntimes distinguished between the two, suggesting \nthat a deputy is appointed for a special occasion or \npurpose, while an undersheriff is permanent. -Also \ntermed undersheriff; general deputy; Vice-sheriff \n[Cases: Sheriffs and Constables (::::> 16.] \n2. Scots law. The chief judge at the county level, with \nlimited criminal and unlimited civil jurisdiction . A \nsheriff may not hear cases ofmurder or ofsome minor \noffenses. In medieval times, the sheriff was the king's \nrepresentative in the shires, haVing military, adminis\ntrative, and judicial functions. The office was hereditary \nuntil the Heritable Jurisdictions Act of 1746. \nsheriffderk. Scots law. The clerk ofa sheriff's court. \nsheriff-depute. Hist. Scots law. The qualified judge of a \ndistrict or county, acting for the titular, unqualified \nsheriff. \nsheriff principal. Scots law. The chief judge ofa sheriff\ndom comprising one or more counties. \nsheriff's court. See COURT. \nsheriff's deed. See DEED. \nsheriff's jury. See JURY. \nsheriff's sale. See SALE. \nSherman Antitrust Act. A federal statute, passed in 1890, \nthat prohibits direct or indirect interference with the \nfreely competitive interstate production and distribu\ntion ofgoods. This Act was amended by the Clayton \nAct in 1914. 15 USCA  1-7. Often shortened to Sherman Act. -Also termed the Antitrust Law. ICases: \nAntitrust and Trade Regulation \nSherman-Sorrells doctrine. (1998) The principle that \na defendant may claim as an affirmative defense that \nhe or she was not disposed to commit the offense until \na public official (often an undercover police officer) \nencouraged the defendant to do so . This entrapment \ndefense, which is recognized in the federal system and \na majority ofstates, was developed in Sherman v. United \nStates, 356 U.S. 369, 78 S.Ct. 819 (1958), and Sorrells \nv. United States, 287 U.S. 435, 53 S.Ct. 210 (1932). \nAlso termed subjective method. See ENTRAPME:-IT. Cf. \nHYPOTHETICAL-PERSON DEFENSE. [Cases: Criminal \nLaw(;:::> 37.] \nshield law. (1971) 1. A statute that affords journalists the \nprivilege not to reveal confidential sources. See journal\nist's privilege under PRIVILEGE (3). ICases: PriVileged \nCommunications and Confidentiality \n\"More than half of the states have 'shield laws' creating \n'reporters' privileges' that are sometimes broader than \nthe First Amendment version of that privilege.\" David A. \nAnderson, Freedom ofthe Press, 80 Texas L. Rev. 429, 432 \n(2002). \n2. A statute that restricts or prohibits the use, in rape or \nsexual-assault cases, of evidence about the victim's past \nsexual conduct. -Also termed (in sense 2) rape shield \nlaw; rape shield statute. [Cases: Rape (::::>40(1)-40(5).] \n\"The 'rape shield law.' At common law the character of \nthe woman as to chastity or unchastity was held to be \nadmissible in evidence on the theory that it had probative \nvalue in determining whether she did or did not consent. \nDefense counsel, in unrestrained zeal for an acquittal, took \nadvantage of this to the point that it often seemed as if \nit was the victim of the rape, rather than the perpetrator, \nwho was on trial. ... A typical 'rape shield statute' does \nnot prevent the introduction of any relevant and otherwise \nadmissible evidence, but requires that the relevancy of any \nevidence of the previous sexual conduct of the complaining \nwitness must be determined in a pretrial hearing before \nthe judge in camera.\" Rollin M. Perkins &Ronald N."}
{"text": "witness must be determined in a pretrial hearing before \nthe judge in camera.\" Rollin M. Perkins &Ronald N. Boyce, \nCriminal Law 206 (3d ed. 1982). \nshifting, ad). (1874) (Of a position, place, etc.) changing \nor passing from one to another <a shifting estate>. \nshifting clause. (1813) At common law, a clause under \nthe Statute of Uses prescribing a substituted mode of \ndevolution in the settlement of an estate. See STATUTE \nOF USES. \nshifting executory interest. See EXECUTORY INTEREST. \nshifting ground. Patents. The broadening of a patent \napplication in an amendment by claiming a feature of \nthe invention that was disclosed but not claimed in the \noriginal application. [Cases: Patents (::::> 109.] \nshifting inheritance. See INHERITANCE. \nshifting risk. See RISK. \nshifting stock of merchandise. Merchandise inventory \nsubject to change by purchases and sales in the course \noftrade. \nshifting the burden of proof. (l805) In litigation, the \ntransference ofthe duty to prove a fact from one party \nto the other; the passing of the duty to produce evidence \n\n1503 \nin a case from one side to another as the case progresses, \nwhen one side has made a prima facie showing on a \npoint ofevidence, requiring the other side to rebut it by \ncontradictory evidence. See BURDEN OF PROOF. [Cases: \nCriminal Law 0=>327; Evidence C=>94.] \nshifting trust. See TRUST. \nshifting use. See USE (4). \nshill. 1. A person who poses as an innocent bystander at \na confidence game but actually serves as a decoy for the \nperpetrators of the scheme. 2. BY-BIDDER. -shill, vb. \nshilling, n. 1. The practice of fraudulently bidding on \nitems at an auction solely to drive up the price . The \nseller might collude with another person to bid or \nmight act alone and anonymously. Cf. BIDDING UP; \nBY-BIDDING. [Cases: Auctions and Auctioneers 0=>7.J \n2. Rist. An English coin equal to 12 pence or 1I20th of \na pound. Shillings were revalued as five pence and \nphased out when decimalization was adopted in the \nearly 1970s. The modern five-pence coin, like its pre\ndecessor equal to 1/20th ofa pound, is sometimes nos\ntalgically referred to as a shilling. \nshingle. A small, usu. dignified sign that marks the office \ndoor ofa lawyer or other professional. \nshingle theory. Securities. The notion that a broker-dealer \nmust be held to a high standard of conduct because \nby engaging in the securities business (\"hanging out \na shingle\"), the broker-dealer implicitly represents to \nthe world that the conduct of all its employees will be \nfair and meet professional norms. [Cases: Securities \nRegulation C-=>27.21, 60.32(1).] \n\"[lIn judging the appropriate standard of care that attaches \nto a broker-dealer in recommending securities to his or her \ncustomers and in dealing with the customers' accounts, \nthe Commission has relied upon the 'shingle theory.' The \nshingle theory is but an extension of the common law \ndoctrine of 'holding out.' When brokers hold themselves \nout as experts either in investments in general or in the \nsecurities of a particular issuer, they will be held to a higher \nstandard of care in making recommendations.\" Thomas \nLee Hazen, The Law ofSecurities Regulation  10.6, at 423 \n(2d ed. 1994). \nshin plaster. Hist. Slang. 1. A bank note that has greatly \ndepreciated in value; esp., the paper money of the \nRepublic ofTexas in relation to the u.s. dollar. 2. Paper \nmoney in denominations less than one dollar. \nship, n. A type of vessel used or intended to be used in \nnavigation. See VESSEL. [Cases: Shipping C:-;::> L] \nchartered ship. 1. A ship specially hired to transport \nthe goods of only one person or company. [Cases: \nShipping 0=> 34-58.] 2. A ship on which a shipper \nhas chartered space for a cargo. \ngeneral ship. A ship that is set for a particular voyage to \ncarry the goods of any persons willing to ship goods \non it for that voyage. \nship, vb. To send (goods, documents, etc.) from one place \nto another, esp. by delivery to a carrier for transporta\ntion. \nship broker. Maritime law. 1. The business agent of a \nshipowner or charterer; an intermediary between an ship's papers \nowner or charterer and a shipper. 2. One who negoti\nates the purchase and sale ofa ship. \nship channel. Maritime law. The part of a navigable \nbody ofwater where the water is deep enough for large \nvessels to travel safely. [Cases: Collision 0=>89; Navi\ngable Waters C:> 1(5).] \nshipmaster. See MASTER OF A SHIP. \nshipment. 1. The transportation of goods; esp., the \ndelivery of goods to a carrier and subsequent issuance \nof a bill oflading. 2. The goods so shipped; an order \nofgoods. \nshipment contract. See CONTRACT. \nShip Mortgage Act. A federal law regulating mortgages \non ships registered as U.S. vessels by, among other \nthings, proViding for enforcement of maritime liens \nin favor of those who furnish supplies or maintenance \nto the vessels. 46 USCA  30101, 31301-43. [Cases: \nShipping C-:::>32.J \nshipowner-negligence doctrine. The principle that a \nshipowner is liable for an assault on a crew member if \nthe crew member was assaulted by a superior, during \nan activity undertaken for the benefit of the ship's \nbusiness, and ifthe ship's officers could reasonably have \nforeseen the assault. [Cases: Seamen 0=>29(3).] \nshipper. 1. One who ships goods to another. 2. One who \ncontracts with a carrier for the transportation ofcargo. \n As a legal term of art, the shipper may not be the \nperson who owns the cargo, but an agent or an inde\npendent contractor. Cf. CARRIER (1). [Cases: Carriers \n(..\"--:::>3.J \nshipping articles. Maritime law. A document (provided \nby a master ofa vessel to the mariners) detailing voyage \ninformation, such as the voyage term, the number of \ncrew, and the wage rates. 46 USCA  10302. [Cases: \nSeamen C:-:>7.] \nshipping commissioner. An officer, appointed by the \nsecretary of the treasury, who is posted at a port of \nentry, and vested with general supervisory authority \nover seamen's contracts and welfare. In 1993, the \nterm was changed to \"master or individual in charge.\" \nSee Pub. L. 103-206  403. [Cases: Seamen \nshipping document. Any paper that covers a shipment in \ntrade, such as a bill oflading or letter of credit. [Cases: \nCarriers (..\"--:::>46-68; Shipping 0=>] 06.] \nshipping law. See LAW OF SHIPPING. \nshipping order. A copy ofthe shipper's instructions to a \ncarrier regarding the disposition of goods to be trans\nported. [Cases: Carriers C=;'61.] \nship's husband. Maritime law. A person appointed to \nact as general agent of all the coowners ofa ship, as by \ncontracting for all necessary services, equipment, and \nsupplies. Cf. EXERCITOR. [Cases: Maritime Liens \n28; Seamen 0=>22; Shipping C:-'::>74.] \nship's papers. Maritime law. The papers that a vessel is \nrequired to carry to provide the primary evidence of \nthe ship's national character, ownership, nature and \n\n1504 shipwreck \ndestination of cargo, and compliance with navigation \nlaws.These papers includes certificates of health, \ncharter-party, muster-rolls, licenses, and bills oflading. \n[Cases: Shipping C=>5.] \nshipwreck. Maritime law. 1. A ship's wreckage. [Cases: \nShipping C=>212.] 2. The injury or destruction of a \nvessel because of circumstances beyond the owner's \ncontrol, rendering the vessel incapable ofcarrying out \nits mission. \n\"There are two kinds of shipwreck: (1.) When the vessel \nsinks or is dashed to pieces. (2.) When she is stranded, \nwhich is, when she grounds and fills with water. The latter \nmay terminate in shipwreck, or may not, and it depends on \ncircumstances whether it will or will not justify an abandon\nment.\" 4 James Kent, Commentaries on American Law *323 \nn.(b) (George Comstock ed., 11th ed. 1866). \nshire. A county in Great Britain (esp. England), origi\nnally made up of many hundreds but later consisting \noflarger divisions set offby metes and bounds. \nshire-gerefa. See shire-reeve under REEVE. \nshire-reeve. See REEVE. \nShively presumption (shIv-lee). The doctrine that any \nprestatehood grant of public property does not include \ntidelands unless the grant specifically indicates other\nwise. Shively v. Bowlby, 152 U.S. 1, 14 S.Ct. 548 (1894); \nUnited States v. Holt State Bank, 270 U.S. 49, 46 S.Ct. \n197 (1925). See EQUAL-FOOTING DOCTRINE. [Cases: \nNavigable Waters C=>36(1).] \nshock, n. A profound and sudden disturbance of the \nphysical or mental senses; a sudden and violent physical \nor mental impression depressing the body's vital forces, \nas by a sudden injury or medical procedure. \nmental shock. Shock caused by agitation ofthe mental \nsenses and resulting in extreme grief or joy, as by \nwitnessing the horrific death of a family member or \nwinning the lottery. Cf. EMOTIONAL DISTRESS. \nphysical shock. Shock caused by agitation of the \nphysical senses, as from a sudden violent blow, impact, \ncollision, or concussion. \nshock incarceration. See INCARCERATION. \nshock probation. See PROBATION. \nshock the conscience. To cause intense ethical or \nhumanitarian discomfort.  This phrase is used as an \nequitable standard for gauging whether (1) state action \namounts to a violation of a person's substantive-due\nprocess rights, (2) a jury's award is excessive, (3) a fine, \njail term, or other penalty is disproportionate to the \ncrime, or (4) a contract is unconscionable. See CON\nSCIENCE OF THE COURT (2). [Cases: Appeal and Error \nC=> 1004(5); Constitutional Law C=> 3896; Contracts \nC:-.~1; Damages C=>127.1-127.3; New Trial C=>76.] \nshop, n. (l3c) A business establishment or place of \nemployment; a factory, office, or other place of \nbusiness. \nagency shop. A shop in which a union acts as an agent \nfor the employees, regardless of their union mem\nbership. Nonunion members must pay union dues because it is presumed that any collective bargaining \nwill benefit nonunion as well as union members. \nclosed nonunion shop. A shop in which the employer \nrestricts employment to workers who are unaffiliated \nwith any labor union. \nclosed shop. A shop in which the employer, by agree\nment with a union, employs only union members \nin good standing . Closed shops were made illegal \nunder the federal Labor-Management Relations \nAct. -Also termed closed union shop. See PREHIRE \nAGREEMENT. Cf. closed union under UNION. [Cases: \nLabor and Employment C=> 1264.] \nopen closed shop. A shop in which the employer hires \nnonunion workers on the understanding that they \nwill become union members within a specified \nperiod. -Also termed open shop. [Cases: Labor and \nEmployment C=> 1264.] \nopen shop. 1. A shop in which the employer hires \nworkers without regard to union affiliation. See \nRIGHT-TO-WORK LAW. Cf. open union under UNION. \n2. See open closed shop. \npreferential nonunion shop. A shop in which nonunion \nmembers are given preference over main members in \nemployment matters. \npreferential shop. See preferential union shop. \npreferential union shop. A shop in which union \nmembers are given preference over nonunion \nmembers in employment matters. -Also termed \npreferential shop. \nunion shop. A shop in which the employer may hire \nnonunion employees on the condition that they join a \nunion within a specified time (usu. at least 30 days). \nshop-book rule. (1898) Evidence. An exception to the \nhearsay rule permitting the admission into evidence \nof original bookkeeping records if the books' entries \nwere made in the ordinary course ofbusiness and the \nbooks are authenticated by somebody who maintains \nthem. [Cases: Criminal Law C=>436(2); Evidence C=> \n354.] \nshop books. (17c) Records oforiginal entry maintained \nin the usual course ofbusiness by a shopkeeper, trader, \nor other businessperson. -Also termed books of \naccount; account books. \nshop committee. A union committee that resolves \nemployee complaints within a union shop. See union \nshop under SHOP. \nshoplifting, n. (17c) Theft of merchandise from a store \nor business; specif., larceny of goods from a store or \nother commercial establishment by willfully taking and \nconcealing the merchandise with the intention ofcon\nverting the goods to one's personal use without paying \nthe purchase price. See LARCENY. [Cases: Larceny C=> \n1.] -shoplift, vb. \n\"Shoplifting is a form of larceny .... As a practical matter, \nhowever, the difficulty of proving the wrongful taking and \nthe felonious intent requisites for a conviction under the \ngeneral larceny statutes, together with the risk of retribu\ntory civil action"}
{"text": "ious intent requisites for a conviction under the \ngeneral larceny statutes, together with the risk of retribu\ntory civil action against the shopkeeper consequent to \n\n1505 \nacquittal of an accused shoplifter, have caused shoplifting \nto be established as a specific statutory crime in many juris \ndictions.\" 50 Am. Jur. 2d Larcenv  71, at 79-80 (1995). \nshop right. (1879) Patents. An employer's right to an \nirrevocable, nonassignable, nonexclusive, royalty-free \nlicense in an employee's invention, ifthe employee con\nceived and developed the invention during the course \nofemployment and used company funds and materials. \n-The term derives from the idea that the right belongs \nto the shop, not to the employee. Employment contracts \nfrequently contain patent-assignment clauses, but the \nemployer is entitled to the license even ifthe employee \nretains the patent. Ifthe employee or consultant was \nhired to invent, then the employer owns the result\ning inventions. If an employee develops an invention \nindependently, the employee is its sole owner. But ifan \nemployees uses the employer's resources to make the \ninvention, courts use the shop-right doctrine to order \nthe employee to compensate the employer. [Cases: \nLabor and Employment (;'=:>308.] \nshop steward. See STEWARD (2). \nshore. (14c) 1. Land lying between the lines of high\nand low-water mark; lands bordering on the shores of \nnavigable waters below the line ofordinary high water. \n[Cases: Navigable WatersC='36(3); Waters and Water \nCourses (>90.] 2. Land adjacent to a body ofwater \nregardless ofwhether it is below or above the ordinary \nhigh-or low-water mark. Also termed shore land. \n[Cases: Navigable Waters 18, 33, 41; Waters and \nWater Courses (;'=:>90-96.] \nshort, adj. 1. Not holding at the time ofsale the security \nor commodity that is being sold in anticipation ofa fall \nin price <the trader was short at the market's close>. \n2. Ofor relating to a sale of securities or commodities \nnot in the seller's possession at the time ofsale <a short \nposition>. See short sale under SALE. Cf. LONG. [Cases: \nSecurities Regulation \nshort, adv. Bya short sale <sold the stock short>. See \nshort sale under SALE. \nshort, vb. To sell (a security or commodity) by a short sale \n<shorted 1,000 shares of Pantheon stock>. See short sale \nunder SALE. [Cases: Securities Regulation \nshort cause. See CAUSE (J). \nshort-cause calendar. See CALENDAR (2). \nshort-cause trial. See short cause under CAUSE (3). \nshortened statutory period. Patents. An amount oftime \nless than 6 months, but not less than 30 days, given in \ncertain circumstances to a patent applicant to respond \nto an office action. _ The period for most responses can \nbe extended up to the statutory period of 6 months. \nMPEP 710.02. [Cases: Patents (;'=:> 104.] \nshorter-term rule. See RULE OF THE SHORTER TERM. \nshort-form agreement. Labor law. A contract usu. \nentered into by a small independent contractor whereby \nthe contractor agrees to be bound by a collective-bar\ngaining agreement negotiated between a union and a \nmultiemployer bargaining unit. short-form bill oflading. See BILL OF LADING. \nshort-form merger. See MERGER. \nshort interest. Securities. In a short sale, the number \nof shares that have not been purchased for return to \nlenders. See short sale under SALE. \nshort lease. See LEASE. \nshort notice. See NOTICE. \nshort position. The position of an investor who borrowed \nstock to make a short sale but has not yet purchased the \nstock to repay the lender. See short sale under SALE. \nshort sale. See SALE. \nshort sale against the box. See SALE. \nshort-shipped, adj. Commercial law. Partially filled; con\ntaining fewer units than requested or paid for. [Cases: \nShipping (;'=:> 116.] \nshort summons. See SUMMONS. \nshort-swing profits. Profits made by a corporate insider \non the purchase and sale (or sale and purchase) of \ncompany stock within a six-month period. -These \nprofits are subject to being returned to the company. \n[Cases: Securities Regulation (;'=:>53.10-53.22.J \nshort-term alimony. See rehabilitative alimony under \nALIMONY. \nshort-term capital gain. See CAPITAL GAIN. \nshort-term debt. 1. See DEBT. 2. See current liability \nunder LIABILITY. \nshort-term loan. See LOAN. \nshort-term security. See SECURITY. \nshort-term trading. See TRADING. \nshort-term trust. See Clifford trust under TRlJST. \nshort title. See TITLE (3). \nshort ton. See TON. \nshotgun instruction. See ALLEN CHARGE. \nshotgun pleading. See PLEADING (I). \nshotgun rejection. See REJECTION. \nshow, vb. (I2c) To make (facts, etc.) apparent or clear by \nevidence; to prove. \nshow cause. To produce a satisfactory explanation or \nexcuse, usu. in connection with a motion or applica\ntion to a court. [Cases: Motions (;'=:>24.] \nshow-cause motion. See MOTION. \nshow-canse order. See ORDER (2). \nshow-cause proceeding. (1922) A usu. expedited pro\nceeding on a show-cause order. -Also termed rule \nto show cause; summary process; summary procedure; \nexpedited proceeding. \nshow-cause rule. See show-cause order under ORDER \n(2). \nshower (shoh-ilr), n. A person commissioned by a court \nto take jurors to a place so that they may observe it as \nthey consider a case on which they are sitting. See VIEW \n(3). [Cases: Criminal Law (;'=:>651; Trial C~::;)28.1 \n\nshowing 1506 \nshowing, n. (1857) The act or an instance of establish\ning through evidence and argument; proof <a prima \nfade showing>. \nshow ofhands. See vote by show ofhands under VOTE \n(4). \nshow-stopper. Corporations. An antitakeover tactic by \nwhich the company seeks an injunction barring \nthe takeover usu. because the proposed merger \nviolates antitrust laws. \nshow trial. (1937) A trial, usu. in a nondemocratic \ncountry, that is staged primarily for propagandistic \npurposes, with the outcome predetermined. \nshowup, n. (1929) A pretrial identification procedure in \nwhich a suspect is confronted with a witness to or the \nvictim ofa crime. -Unlike a lineup, a showup is a one\non-one confrontation. Cf. LINEUP. [Cases: Criminal \nLawC~~339.8(5, 6).] \nshrinkage. (1961) The reduction in inventory caused by \ntheft, breakage, or waste. \nshrink-wrap license. See LICENSE. \nSHU. abbr. SPECIAL HOUSING UNIT. \nshutdown. (1884) A cessation ofwork production, esp. \nin a factory. \nshut-in royalty. See ROYALTY (2). \nshut-in royalty clause. Oil & gas. A provision in an oil\nand-gas lease allowing the lessee to maintain the lease \nwhile there is no production from the property because \nwells capable of production are shut in. -The lessee \npays the lessor a shut-in royalty in lieu of production. \n[Cases: Mines and Minerals C:::\">78.1(3).] \nshuttle diplomacy. See DIPLOMACY. \nshyster (Shls-t;)r). (1843) A person (esp. a lawyer) whose \nbusiness affairs are unscrupulous, deceitful, or unethi\ncaL \nsi actio (SI ak-shee-oh), n. [Latin] Hist. The closing state-, \nment in a defendant's plea demanding judgment. \nsi aliquid sapit (SI al-i-kwid say-pit). [Law Latin] Hist. If \nhe knows anything. \nsi antecedit ictum licet non congressum (SI an-ti-see\ndit ik-t;)m II-set non bn-gres-am). [Law Latin] Hist. If \nit precedes the blow, although not actually connected \nwith it.  The phrase appeared in reference to the malice \nsufficient to warrant a capital murder conviction. \nSIB. abbr. 1. Securities and Investment Board. See FINAN\nCIAL SERVICES AGENCY. 2. See survivor-income benefit \nplan under EMPLOYEE BENEFIT PLAN. \nsib; imputet (sib-I im-py;)-tet). [Latin] Hist. Let it be \nimputed to himself. \nsibi invigilare (sib-I in-vij-;)-lair-ee). [Latin] Hist. To \nwatch for themselves. \nsibling. A brother or sister. \nsibship. 1. The quality or state ofbeing a blood relative, \nesp. a Sibling. See DEGREE. \n\"[Tlhe ancient Germans knew yet another calculus of \nkinship, which was bound up with their law of inheritance. Within the household composed of a father and children \nthere was no degree; this household was regarded for this \npurpose as a unit, and only when, in default of children, the \ninheritance fell to remoter kinsmen, was there any need \nto count the grades of 'sibship.' Thus first cousins are in \nthe first degree of sibship; second cousins in the second.\" \n2 Frederick Pollock & Frederic William Maitland, History \nof English Law Before the Time of Edward I 386 (2d ed. \n1899). \n2. A group of blood relatives; kindred. \nsic (sik). [Latin \"so, thus\"] (1859) Spelled or used as \nwritten. -Sic, invariably bracketed and usu. set in \nitalics, is used to indicate that a preceding word or \nphrase in a quoted passage is reproduced as it appeared \nin the original document <\"that case peeked [sic] the \nyoung lawyer's interest\">. \nsick leave. 1. An employment benefit allowing a worker \ntime off for sickness, either with or without pay, but \nwithout loss ofseniority or other benefits. [Cases: Labor \nand Employment C:::\"> 182.] 2. The time so taken by an \nemployee. \nsickness and accident insurance. See health insurance \nunder INSURANCE. \nsi constet de persona (51 kon-stet dee p;)r-soh-na). [Latin] \nIf it is certain who is the person meant. \nsi contingat (Sl kon-ting-at). [Law Latin] If it happens. \n_ This term was formerly used to describe conditions \nin a conveyance. \nsicut alias (sl-kat ay-lee-;)s), n. [Latin \"as at another \ntime\"] Hist. A second writ issued when the first one \nwas not executed. \n\"But where a defendant absconds, and the plaintiff would \nproceed to an outlawry against him, an original writ must \nthen be sued out regularly, and after that a capias. And if \nthe sheriff cannot find the defendant upon the first writ ... \nthere issues out an alias writ, and after that a pluries, to \nthe same effect as the former: only after these words \n'we command you,' this clause is inserted, 'as we have \nformerly,' or, 'as we have often commanded you;' 'sicut \nalias' ....\" 3 William Blackstone, Commentaries on the \nLaws ofEng/and 283 (1768). \nsicut me Deus adjuvet (sik-;)t mee dee-;)s aj-;)-vet). \n[Latin] So help me God. \nside, n. (l3c) 1. The position of a person or group \nopposing another <the law is on our side>. 2. Either \nof two parties in a transaction or dispute <each side \nput on a strong case>. 3. Archaic. The field of a court's \njurisdiction <equity side> <law side>. 4. Property. In a \ndescription ofmore or less rectangularly shaped land, \neither ofthe two long boundary lines. \nside agreement. See AGREEMENT. \nsidebar. (1856) 1. A position at the side of a judge's \nbench where counsel can confer with the judge \nbeyond the jury's earshot <the judge called the attor\nneys to sidebar>. 2. SIDEBAR CONFERENCE <during the \nsidebar, the prosecutor accused the defense attorney \nof misconduct>. 3. A short, secondary article within \nor accompanying a main story in a publication <the \nsidebar contained information on related topics>. 4. \nSIDEBAR COMMENT. \n\nsidebar comment. (1922) An unnecessary, often argu\nmentative remark made by an attorney or witness, esp. \nduring a trial or deposition <the witness paused after \ntestifying, then added a sidebar>. -Often shortened \nto sidebar. Also termed sidebar remark. [Cases: Trial \n(;::>lB.] \nsidebar conference. (1925) 1. A discussion among the \njudge and counsel, usu. over an evidentiary objection, \noutside the jury's hearing. -Also termed bench con\nference. [Cases: Trial 18,50.] 2. A discussion, esp. \nduring voir dire, between the judge and a juror or pro\nspective juror. -Often shortened to sidebar. \nsidebar remark. See SIDEBAR COMMENT. \nsidebar ru1e. Hist. English law. An order or rule allowed \nby the court without formal application, such as an \norder to plead within a particular time. Formerly, \nthe rules or orders were made on the motion of the \nattorneys at the sidebar in court. \nside judge. See JUDGE. \nside lines. L The margins ofsomething, such as property. \n2. A different type ofbusiness or goods than one prin\ncipally engages in or sells. 3. Mining law. The boundary \nlines of a mining claim not crossing"}
{"text": "than one prin\ncipally engages in or sells. 3. Mining law. The boundary \nlines of a mining claim not crossing the vein running \non each side of it. -Also written sidelines. Cf. END \nLINES. [Cases: Mines and Minerals (;::> 18.J \nsidenote. See MARGINAL NOTE. \ns; deprehendatur (SI dep-ri-hen-day-t<lr). [LatinI Hist. \nIf captured. \nside reports. (1943) 1. Unofficial volumes of case reports. \n2. Collections of cases omitted from the official \nreports. \nsidesman. Eccles. law. A church officer who Originally \nreported to the bishop on clerical and congregational \nmisdeeds, including heretical acts, and later became \na standing officer whose duties gradually devolved by \ncustom on the churchwarden. -Also termed synods\nman; questman. \nsi deventum sit ad actum maleficio proximum (S1 di-ven \nt\"m sit ad ak-t<lm mal-<l-fish-ee-oh prok-s<l-m;)m). \n[Law Latin] Hist. If it approaches an act bordering on \ncrime. The phrase described the determination of a \ncriminal attempt. \nSierra-Mobile doctrine. See MOBILE-SIERRA DOC\nTRINE. \nsi fecerit te securum (SI fes-<lr-it tee si-kyoor-<lm). [Law \nLatin] Hist. Ifhe has made you secure . These were the \ninitial words of a writ ordering the sheriff, upon receipt \nof security from the plaintiff, to compel the defendant's \nappearance in court. Also spelled (erroneously) se \nte fecerit securum. \nSight. (1810) A drawee's acceptance of a draft <payable \nafter Sight> . The term after Sight means \"after accep\ntance.\" \nsight draft. See DRAFT. \nsight strike. See STRIKE (2). sigH (sij-;)I), n. A seal or an abbreviated Signature used as \na seal; esp., a seal formerly used by civil-law notaries. \nsigillum (si-jil-\"m), n. [Latin] A seal, esp. one impressed \non wax. \nsigla (sig-l,,), n. pI. [Latin] Abbreviations and signs used \nin writing, esp. by the Glossators. \nsign, vb. (I5c) 1. To identify (a record) by means of a \nsignature, mark, or other symbol with the intent to \nauthenticate it as an act or agreement of the person \nidentifying it <both parties signed the contract>. 2. To \nagree with or join <the commissioner signed on for a \nfour-year term>. \nsignal. (1949) 1. A means of communication, esp. \nbetween vessels at sea or between a vessel and the shore. \n The international code of signals assigns arbitrary \nmeanings to different arrangements of flags or light \ndisplays. [Cases: Collision ~~75-79, 81, 98,100(2).] \n2. In the citation oflegal authority, an abbreviation or \nnotation supplied to indicate some basic fact about the \nauthority. For example, according to the Bluebook, \nthe signal See means that the cited authority plainly \nsupports the proposition, while Cf means that the cited \nauthority supports a proposition analogous to (but in \nsome way different from) the main proposition. For \nthese and other signals, see The Bluebook: A Uniform \nSystem ofCitation  1.2, at 22-24 (17th cd. 2000). \nAlso termed (in sense 2) citation signal. \nsignatorius anulus (sig-n<l-tor-ee-<ls an-Y<l-I\"s). [Latin] \nRoman law. A signet ring. \nsignatory (sig-n,,-tor-ee), n. (1866) A person or entity \nthat signs a document, personally or through an agent, \nand thereby becomes a party to an agreement <eight \ncountries are signatories to the treaty>. -signatory, \nsignatory authority. 1. License to make a decision, esp. \nto withdraw money from an account or to transfer a \nnegotiable instrument. 2. Patents. In the U.S. Patent \nand Trademark Office, the power of an examiner to \napprove an office action. [Cases: Patents (;::>104.] \nsignature. (16c) 1. A person's name or mark written by \nthat person or at the person's direction. -Also termed \nsign manual. [Cases: SignaturesG'\"::>I-5.] 2. Commercial \nlaw. Any name, mark, or writing used with the inten\ntion of authenticating a document. uec  1-201(37), \n3-401(b). Also termed legal signature. [Cases: Bills \nand Notes Contracts G'\"::>35; Sales C=~29.] \n\"The signature to a memorandum may be any symbol \nmade or adopted with an intention, actual or apparent, to \nauthenticate the writing as that of the signer.\" Restatement \n(Second) of Contracts  134 (1979). \ndigital signature. (1978) A secure, digital code attached \nto an electronically transmitted message that uniquely \nidentifies and authenticates the sender.  A digital \nsignature consists of a \"hashed\" number combined \nwith a number assigned to a document (a private\nencryption key), Generating a signature requires the \nuse of private-and public-key-encryption software, \nand is often activated by a simple command or act, \n\n1508 signature card \nsuch as clicking on a \"place order\" icon on a retailer's \nwebsite. Digital signatures are esp. important for elec\ntronic commerce and are a key component of many \nelectronic message-authentication schemes. Several \nstates have passed legislation recognizing the legality \nofdigital signatures. See E-COMMERCE; KEY ENCRYP\nTION. [Cases; Signatures 2.] \nelectronic signature. An electronic symbol, sound, or \nprocess that is either attached to or logically associ\nated with a document (such as a contract or other \nrecord) and executed or adopted by a person with the \nintent to sign the document . Types of electronic sig\nnatures include a typed name at the end of an email, a \ndigital image of a handwritten signature, and the click \nof an \"I accept\" button on an e-commerce site. The \nterm electronic signature does not suggest or require \nthe use ofencryption, authentication, or identification \nmeasures. A document's integrity (unaltered content), \nauthenticity (sender's identity), and confidentiality \n(of the signer's identity or document's contents) are \nnot ensured merely because an electronic signature is \nproVided for. [Cases: Signatures \nfacsimile signature. (1892) 1. A signature that has been \nprepared and reproduced by mechanical or photo\ngraphic means. 2. A signature on a document that has \nbeen transmitted by a facsimile machine. See f'AX. \nprivate signature. Civil law. A signature made on a \ndocument (such as a will) that has not been witnessed \nor notarizeq. [Cases: Wills \nunauthorized signature. (1859) A signature made \nwithout actual, implied, or apparent authority . It \nincludes a forgery. UCC  1-201(43). [Cases: Banks \nand Banking C~147; Bills and Notes (::::>54, 279.] \nsignature card. (1902) A financial-institution record \nconsisting ofa customer's signature and other infor\nmation that assists the institution in monitoring finan\ncial transactions, as by comparing the signature on the \nrecord with signatures on checks, withdrawal slips, and \nother documents. [Cases: Banks and Banking (::::> 133, \n151.] \nsignature crime. See CRIME. \nsignature evidence. See EVIDENCE. \nsignature loan. See LOAN. \nsigned, sealed, and delivered. (l7c) In a certificate of \nacknowledgment, a statement that the instrument was \nexecuted by the person acknowledging it. -Often \nshortened to sealed and delivered. [Cases: Acknowl\nedgment (::::>29.] \nsigned writing. See WRITING. \nsignet. 1. Civil law. An elaborate hand-drawn symbol \n(usu. incorporating a cross and the notary's initials) \nformerly placed at the base of notarial instruments, \nlater replaced by a seal. 2. Scots law. A seal used to \nauthenticate summonses in civil matters before the \nCourt of Session . Originally, this was the monarch's \npersonal seal. Cf. WRITER TO THE SIGNET. significant-connection jurisdiction. See JURISDIC\nTION. \nsignificant-connection/substantial-evidence juris\ndiction. See significant-connection jurisdiction under \nJURISDICTION. \nsignificant-relationship theory. See CENTER-OF-GRAV\nITY DOCTRINE. \nsignificavit (sig-ni-fi-kay-vit), n. [Latin \"he has signi\nfied\"] Eccles. law. 1. A bishop's certificate that a person \nhas been in a state ofexcommunication for more than \n40 days. 2. A notice to the Crown in chancery, based \non the bishop's certificate, whereby a writ de contumace \ncapiendo (or, earlier, a writ de excommunicato capiendo) \nwould issue for the disobedient person's arrest and \nimprisonment. See DE CONTUMACE CAPIENDO. \nsign manual. 1. See SIGNATURE (1). 2. A symbol or \nemblem, such as a trademark, representing words or \nan idea, \nsignum (sig-n<lm), n. [Latin] Roman law. 1. A sign; a \nseal. \n\"Signum. (On written documents.) A seal (a stamp) put on to \nclose a document in order to make its contents inaccessible \nto unauthorized persons and protect against forgery. or \nat the end of it after the written text. In the latter case the \nseal (without or with a signature) indicated that the sealer \nrecognized the written declaration as his . . Signum is \nalso the seal of a witness who was present at the making \nof a document,\" Adolf Berger, Encyclopedic Dictionary of \nRoman Law 707 (1953). \n2. An indication of something seen or otherwise per\nceived by the senses, such as a bloodstain on a murder \nsuspect. Pi. signa. \nsi institutus sine Uberis decesserit (SI in-stH[y]oo-tds \nsl-nee lib-<lr-is di-ses-<lr-it). [Latin] Hist. If the insti\ntuted heir should die without issue. See SUBSTITU\nTION. \nsi ita est (SI Hi) est). [Latin] Ifit be so. This phrase was \nformerly used in a mandamus writ to order a judge \nto affix a seal to a bill of exceptions, if the facts were \naccurately stated. \nsilence, n. (Be) 1. A restraint from speaking,  In \ncriminal law, silence includes an arrestee's statements \nexpressing the desire not to speak and requesting an \nattorney. 2. A failure to reveal something required \nby law to be revealed. See estoppel by silence under \nESTOPPEL. silent, adj. \nsilent confirmation. See CONFIRMATION. \nsilentiary (sl-1en-shee-air-ee), n. 1. Roman law. An \nofficial who maintains order in the imperial palace \nand on the imperial council; a chamberlain. 2. Hist. \nAn officer who is sworn to silence about state secrets; \nesp., a privy councillor so sworn. 3. Hist. A court usher \nwho maintains order and esp. silence in the court. \nAlso termed silentiarius. \nsilent partner. See PARTNER. \nsilent record. See RECORD. \nsilent-witness theory. (1973) Evidence. A method of \nauthenticating and admitting evidence (such as a \n\n1509 \nphotograph), without the need for a witness to verify \nits authenticity, upon a sufficient showing of the reli\nability of the process of producing the evidence, includ\ning proofthat the evidence has not been altered. [Cases: \nCriminal Law 444: Evidence C':::'359, 380.] \nsilk gown. 1. The professional robe worn by a Queen's \nCounsel. 2. One who is a Queen's Counsel. -Often \nshortened (in sense 2) to silk. Cf. STUFF GOWN. \nsilver certificate. Hist. A banknote issued by the United \nStates Treasury from 1878 to 1963 and redeemable in \nsilver. -The notes represented that a certain amount of \nsilver was on deposit with the government and would \nbe paid to the bearer on demand. Originally, these notes \nwere not legal tender and could be used only to pay \ntaxes and other public obligations. In 1967, Congress \nabolished redemption in silver after June 1968. Silver \ncertificates now have the same status as Federal Reserve \nnotes, which are not redeemable for precious metal. Cf. \nFEDERAL RESERVE NOTE; GOLD CERTIFICATE. \nsilver parachute. See TIN PARACHt:TE. \nsilver-platter doctrine. (1958) Criminal procedure. The \nprinciple that a federal court could admit evidence \nobtained illegally by a state police officer as long as \na federal officer did not participate in or request the \nsearch. _ The Supreme Court rejected this doctrine \nin Elkins v. United States, 364 U.S. 206, 80 S.Ct. 1437 \n(1960). [Cases: Criminal Law(;::;'394.2.] \nsi malitia suppleat aetatem (SI m<'l-lish-ee-<'l silp-lee-at \nee-tay-tam). [Latin] Hist. Ifmalice should supply the \nwant of age. \nsimilar happenings. Evidence. Events that occur at a \ntime different from the time in dispute and are there\nfore usu. inadmissible except to the extent that they \nprovide relevant information on issues that would be \nfairly constant, such as the control of and conditions \non land on the day in question. [Cases: Criminal Law \n~369-374; Evidence (;:::, 129-142.] \nsimilarity. Intellectual property. The resemblance of \none trademark or copyrighted work to another. \nHow closely a trademark must resemble another to \namount to infringement depends on the nature of the \nproduct and how much care the typical buyer would be \nexpected to take in making the selection in that par\nticular market. It is a question of overall"}
{"text": "how much care the typical buyer would be \nexpected to take in making the selection in that par\nticular market. It is a question of overall impression \nrather than an element-by-element comparison of the \ntwo marks. -Also termed imitation; colorable imita\ntion. Cf. SUBSTANTIAL SIMILARITY. [Cases: Trademarks \n(;:::;:; 1095.] \n\"It is the buyer who uses ordinary caution in making his \npurchase, who is buying with the care usually exercised in \nsuch transactions, who must be deceived by this similarity. \nHe who buys a box of candy does not use as much care as \nhe who buys a watch. He who buys a handkerchief does \nnot usually examine the goods offered him as carefully as \nhe who buys a suit of clothes.\" Harry D. Nims, The Law of \nUnfair Competition and Trade-Marks 836 (1929). \ncomprehensive nonliteral similarity. Copyright. Sim\nilarity evidenced by the copying of the protected \nwork's general ideas or structure (such as a movie's simple assault \nplot) without using the precise words or phrases of the \nwork. -Also termed pattern similarity. \nfragmented literal similarity. Copyright. Similarity \nevidenced by the copying of verbatim portions of \nthe protected work. \nsubstantial similarity. Copyright. A strong resemblance \nbetween a copyrighted work and an alleged infringe\nment, thereby creating an inference ofunauthorized \ncopying. -The standard for substantial similarity \nis whether an ordinary person would conclude that \nthe alleged infringement has appropriated nontrivial \namounts of the copyrighted work's expressions. \nAlso termed probative similarity. See derivative work \nunder WORK (2). [Cases: Copyrights and Intellectual \nProperty ~53(1).J \nsimilar sales. See SALE. \nsimiliter (si-mil-i-tar). [Latin \"similarly\"] Common-law \npleading. A party's written acceptance of an opponent's \nissue or argument; a set form of words by which a party \naccepts or joins in an issue of fact tendered by the other \nside. See jOinder ofissue (2) under JOINDER. [Cases: \nPleading C~100, 186.] \nsi minor se majorem dixerit (Sf mI-n;)r see m;)-jor-am \ndik-s<'lr-it). [Latin] Hist. Ifthe minor has said that he \nis major. -The phrase refers to a defense that might \nbe raised in a suit for a minor's claim for restitution \nfor minority. \nsimony (sim-a-nee or SI-m;)-nee), n. [fro Latin simonia \n\"payment for things spiritual,\" fro the proper name \nSimon Magus (see below)] Hist. Eccles. law. The \nunlawful practice ofgiving or receiving money or gifts \nin exchange for spiritual promotion; esp., the unlawful \nbuying or selling of a benefice or the right to present \nclergy to a vacant benefice. \n\"By simony, the right of presentation to a living is forfeited, \nand vested pro hac vice in the crown. Simony is the corrupt \npresentation of anyone to an ecclesiastical benefice for \nmoney, gift, or reward. It is so called from the resemblance \nit is said to bear to the sin of Simon Magus, though the \npurchasing of holy orders seems to approach nearer to \nhis offence. It was by the canon law a very grievous crime: \nand is so much the more odiOUS, because, as sir Edward \nCoke observes, it is ever accompanied with perjury; for \nthe presentee is sworn to have committed no simony.\" 2 \nWilliam BlaCkstone, Commentaries on the Laws ofEngiand \n278 (1766). \n\"Simony is an offence which consists in the buying and \nseiling of holy orders, and any bond or contract involving \nsimony is illegal and void.\" John Indermaur, Principles of \nthe Common Law 195 (Edmund H. Bennett ed., 1st Am. \ned.1878). \nsimple, adj. (16c) 1. (Of a crime) not accompanied by \naggravating circumstances. Cf. AGGRAVATED (1). [Cases: \nCriminal Law (:~28.] 2. (Of an estate or fee) heritable \nby the owner's heirs with no conditions concerning \ntail. [Cases: Descent and Distribution 11; Estates \nin Property (;::::>5; Wills (;::)596.]3. (Of a contract) not \nmade under seal. [Cases: Contracts ~~36.] \nsimple agreement. See AGREEMENT. \nsimple assault. 1. See ASSAULT (1). 2. See ASSAULT (2). \n\nsimple average. See particular average under AVERAGE. \nsimple battery. See BATTERY. \nsimple blockade. See BLOCKADE. \nsimple bond. See BOND (2). \nsimple contract. 1. See informal contract (1) under CON\nTRACT. 2. See parol contract (2) under CONTRACT. \nsimple-contract debt. See DEBT. \nsimple interest. See INTEREST (3). \nsimple kidnapping. See KIDNAPPING. \nsimple larceny. See LARCENY. \nsimple listing. See open listing under LISTING (1). \nsimple majority. See MAJORITY. \nsimple mortgage clause. See open mortgage clause under \nMORTGAGE CLAUSE. \nsimple negligence. See inadvertent negligence under \nNEGLIGENCE. \nsimple obligation. See OBLIGATION. \nSIMPLE plan. See EMPLOYEE BENEFIT PLAN. \nsimple reduction. Scots law. A court's temporary ruling \nthat a document is of no effect until it is produced in \ncourt. \nsimple resolution. See RESOLUTION (1). \nsimple robbery. See ROBBERY. \nsimple state. See unitary state under STATE. \nsimple-tool rule. The principle that an employer has no \nduty to warn its employees ofdangers that are obvious \nto everyone involved, and has no duty to inspect a tool \nthat is within the exclusive control ofan employee when \nthat employee is fully acquainted with the tool's con\ndition. \nsimple trust. 1. See mandatory trust under TRUST. 2. See \npassive trust under TRUST. \nsimplex (sim-pleks), adj. [Latin] Simple; pure; uncon\nditional. \nsimplex dictum. See DICTUM. \nsimplex passagium (sim-pleks p;J-say-jee-;Jm). [Law \nLatin] Hist. Simple passage (to the holy land alone) . \nThis type ofpilgrimage served as an excuse for absence \nfrom court during the Crusades. -Also termed simplex \nperegrinatio. Cf. IN GENERALI PASSAGIO. \nsimpliciter (sim-plis-i-t;Jr), adv. [Latin] (16c) 1. In a \nsimple or summary manner; simply. 2. Absolutely; \nunconditionally; per se. \nsimplified employee pension plan. See EMPLOYEE \nBENEFIT PLAN. \nsimplum (sim-pl;Jm), n. [Latin] Roman law. The single \nvalue of something. Cf. DUPLUM. \nsimulated contract. See CONTRACT. \nsimulated fact. See FACT. \nsimulated judgment. See JUDGMENT. \nsimulated sale. See SALE. simulated transaction. See simulated sale under SALE. \nsimulatio latens (sim-y;J-Iay-shee-oh lay-tenz). [Latin \n\"hidden pretence\"] Hist. Feigned enhancement of \nillness, as when symptoms are present but not nearly \nas severe as is pretended. \nsimulation. 1. An assumption of an appearance that is \nfeigned, false, or deceptive. 2. Civil law. A feigned, pre\ntended act, usu. to mislead or deceive. 3. See simulated \ncontract under CONTRACT. \nsimul cum (sl-m;JI bm). [Latin] Together with. This \nphrase was formerly used in an indictment or other \ninstrument to indicate that a defendant had committed \nan injury jointly with others unknown. \nsimul et semel (sl-m;JI et sem-<:ll). [Latin] Together at one \ntime. \nsimultaneous death. See DEATH. \nsimultaneous-death act. See UNIFORM SIMULTANEOUS \nDEATH ACT. \nsimultaneous-death clause. (1953) A testamentary pro\nvision mandating that if the testator and beneficiary \ndie in a common disaster, or the order of their deaths \nis otherwise unascertainable, the testator is presumed \nto have survived the beneficiary . Ifthe beneficiary is \nthe testator's spouse, an express exception is often made \nso that the spouse with the smaller estate is presumed \nto have survived. See simultaneous death under DEATH. \nCf. SURVIVAL CLAUSE. \nsimultaneous polygamy. See POLYGAMY (1). \nsine (sl-nee or sin-ay), prep. [Latin] Without. \nsine animo remanendi (sl-nee an-;J-moh rem-<:l-nen-dr). \n[Law Latin] Hist. Without the intention of remaining. \nsine animo revertendi (sl-nee an-;J-moh ree-v;Jr-ten-dr). \n[Latin] Without the intention ofreturning. See animus \nrevertendi under ANIMUS. \nsine assensu capituli (sl-nee ;J-sen-s[y]oo b-pich-[y] \n;J-II), n. [Law Latin \"without the consent ofthe chapter\"] \nHist. A writ for a successor to recover land that the \nformer bishop, abbot, or prior had alienated without \nthe chapter's permission. \nsine consideratione curiae (sl-nee bn-sid-;J-ray-shee\noh-nee kyoor-ee-I). [Law Latin] Without the judgment \nof the court. \nsine cura et cu!tura (sl-nee kyoor-;J et k;Jl-t[y]oor-;J). \n[Latin] Hist. Without care and culture . Natural fruits \nfitting this description automatically passed to the pur\nchaser of property. But industrial fruits that had to be \ncultivated required a special conveyance. \nsinecure (sl-n;J-kyoor or sin-;J-kyoor). [fr. Latin sine \ncura \"without duties\"] Hist. A post without any duties \nattached; an office for which the holder receives a salary \nbut has no responsibilities. -sinecural (sl-m-kyoor-;JI \nor sI-n;J-kyoor-;JI), adj. \nsine decreto (sl-nee di-kree-toh). [Latin] Without a \njudge's authority. \n\n1511 single-premium deferred annuity \nsine die (SI-nee dl-ee or dl-or sin-ay dee-ay). [Latin i state court to federal court is 30 days from the day \n\"without day\") (17c) With no day being assigned (as \nfor resumption of a meeting or hearing). See adjourn \nsine die under ADJOURN (2); GO HENCE WITHOUT DAY. \n[Cases: Courts (;=::'76; States 032.) \nsine frau de (sl-nee fraw-dee). [Latin) Hist. Without \nfraud. \nsine hoc quod (sl-nee hok kwod). [Law Latin] Without \nthis, that. See ABSQUE HOC. \nsine numero (sl-nee n[y]oo-mar-oh). [Law Latin \"without \nnumber\"] Countless; without limit. \nsine pacta (sl-nee pak-toh). [Latin) Hist. Without an \nagreement. \nsine prole (sl-nee proh-lee). [Latin] Without issue. -This \nphrase was used primarily in genealogical tables. -\nAbbr. s.p. \nsine qua non (sl-nee kway non or sin-ay kwah nohn), \nn. [Latin \"without which not\") (17c) An indispensable \ncondition or thing; something on which something else \nnecessarily depends. -Also termed conditio sine qua \nnon. [Cases: Negligence (~'379.] \nsine quibus funus honeste dud non potest (sl-nee \nkwib-ds fyoo-nds [h],,-nes-tee d[Y]OO-SI non poh-test). \n[Latin] Scots law. Without which the funeral cannot be \ndecently conducted. _ 1he phrase appeared in reference \nto funeral expenses that could be deducted against the \ndecedent's estate. \nsine vi aut dolo (sl-nee VI awt doh-Ioh). [Latin] Hist. \nWithout force or fraud. \nsingle, adj. 1. Unmarried <Single tax status>. 2. Consist\ning ofone alone; individual <Single condition> <single \nbeneficiary>. \nsingle-act statute. See LONG-ARM STATUTE. \nsingle adultery. See ADULTERY. \nsingle-asset real estate. Bankruptcy. A single piece ofreal \nproperty (apart from residential property with fewer \nthan four residential units) that a debtor operates for \nbusiness purposes, that provides the debtor with sub\nstantially all his or her gross income, and that carries \naggregate, liquidated, noncontingent secured debts of \n$4 million or less. 11 USCA  101(51B). [Cases: Bank\nruptcy02021.1.] \nsingle bill. See bill Single under BILL (7). \nsingle bond. See bill obligatory under BILL (7). \nsingle combat. See DUEL (2). \nsingle condition. See CONDITION (2). \nSingle-controversy doctrine. See ENTIRE-CONTROVERSY \nDOCTRINE. \nsingle-country fund. See MUTUAL FUND. \nsingle creditor. See CREDITOR. \nsingle-criminal-intent doctrine. See SINGLE-tARCENY \nDOCTRINE. \nsingle-date-of-removal doctrine. Civil procedure. The \nprinciple that the deadline for removing a case from that any defendant receives a copy of the state-court \npleading on which the removal is based. -If a later\nserved defendant seeks to remove a case to federal court \nmore than 30 days after the day any other defendant \nreceived the pleading, the removal is untimely even if \neffectuated within 30 days after the removing defen\ndant received the pleading. One theory underlying \nthis doctrine is that all defendants must consent to \nremove a case to federal court, and a defendant who \nhas waited longer than 30 days to remove does not have \nthe capacity to consent to removal. 2"}
{"text": ", and a defendant who \nhas waited longer than 30 days to remove does not have \nthe capacity to consent to removal. 28 USCA  1446(b). \nSee NOTICE OF REMOVAL ICases: Removal ofCases (,~ \n79(1).] \nsingle demise. See DEMISE. \nsingle-element means claim. See single-means claim \nunder PATENT CtAIM. \nSingle-entry bookkeeping. See BOOKKEEPING. \nsingle-filing rule. Civil-rights law. The principle that an \nadministrative charge filed by one plaintiff in a civil\nrights suit (esp. a Title VII suit) will satisfy the admin\nistrative-filing requirements for all coplaintiffs who are \nmaking claims for the same act ofdiscrimination. -But \nthis rule will not usu. protect a coplaintiff's claims ifthe \ncoplaintiff also filed an administrative charge, against \nthe same employer, in which different discriminatory \nacts were complained of, because the administrative \nagency (usu. the EEOC) and the employer are entitled \nto rely on the allegations someone makes in an admin\nistrative charge. [Cases: Civil Rights C=1517.] \nsingle-impulse plan. See SINGLE-LARCENY DOCTRINE. \nsingle-juror instruction. See lURY INSTRUCTION. \nsingle-larceny doctrine. (1969) Criminal law. The prin\nciple that the taking of different items of property \nbelonging to either the same or different owners at the \nsame time and place constitutes one act oflarceny ifthe \ntheft is part ofone larcenous plan, as when it involves \nessentially one continuous act or if control over the \nproperty is exercised Simultaneously. -The thief's \nintent determines the number ofoccurrences. Also \ntermed single-impulse plan; single-larceny rule; single\ncriminal-intent doctrine. [Cases: Larceny (;=:) 1.] \nsingle-means claim. See PATENT CtAIM. \nsingle-name paper. A negotiable instrument signed by \nonly one maker and not backed by a surety. \nsingle obligation. See OBUGATJON. \nsingle ordeal. See ORDEAL. \nsingle original. (1815) An instrument executed singly, \nnot in duplicate. \nsingle-paragraph form. Patents. A style ofwriting patent \nclaims that uses a colon after the introductory phrase \nand a semicolon between each element. Cf. COLON\nSEMICOLON FORM; OUTLINE FORM; SUBPARAGRAPH \nFORM. \nsingle-premium deferred annuity. See ANNUITY. \n\n1512 single-premium insurance \nsingle-premium insurance. See single-premium life \ninsurance under LIFE INSURANCE. \nsingle-premium life insurance. See LIFE INSURANCE. \nsingle-publication rule. The doctrine that a plaintiff in a \nlibel suit against a publisher has only one claim for each \nmass publication, not a claim for every book or issue in \nthat run. [Cases: Libel and Slander ~26.] \nsingle-purpose project. A facility that is designed, built, \nand used for one reason only, such as to generate elec\ntricity . This term most often refers to large, complex, \nexpensive projects such as power plants, chemical-pro\ncessing plants, mines, and toll roads. Projects of this \ntype are often funded through project financing, in \nwhich a special-purpose entity is established to perform \nno function other than to develop, own, and operate \nthe facility, the idea being to limit the number of the \nentity's creditors and thus provide protection for the \nproject's lenders. See project financing under FINANC\nING; SPECIAL-PURPOSE ENTITY; BANKRUPTCY-REMOTE \nENTITY. \nsingle-recovery rule. See ONE-SATISFACTION RULE. \nsingle-registration rule. Copyright. The U.S. Copyright \nOffice doctrine that permits only one registration for \neach original work. Exceptions to the rule are rou\ntinely made for unpublished works that are later pub\nlished. Generally, revised works cannot be registered \na second time if the revisions are not substantial, but \nthe creator may be allowed to file a supplemental reg\nistration. [Cases: Copyrights and Intellectual Property \n~50.16.] \nsingle-source requirement. Under the common-law \ntort offalse advertising, the necessity to show that the \nplaintiff is the only supplier of the genuine goods in \nquestion and that buyers would have bought the plain\ntiff's goods ifthe true nature ofthe defendant's goods \nhad been known. Ely-Norris Safe Co. v. Mosler Safe Co., \n7 F.2d 603 (2d Cir. 1925) . This is a narrow exception \nto the common-law rule that the tort offalse advertis\ning applies only in instances ofpassing off, trade defa\nmation, or trade disparagement. [Cases: Antitrust and \nTrade Regulation ~19.] \nsingles' penalty. See MARRIAGE BONUS. \nsingle transferable vote. See VOTE (1). \nsingular, adj. 1. Individual; each <all and singular>. \n2. Civil law. Of or relating to separate interests in \nproperty, rather than the estate as a whole <singular \nsuccession>. \nsingular successor. See SUCCESSOR. \nsingular title. See TITLE (2). \nsinguli in solidum (sing-gYd-h in sol-d-ddm). [Latin] \nHist. Each for the whole. \n\"Where there are several co-obligants in one obligation, \neach bound in full performance, they are said to be liable \nsinguli in solidum; and where each is liable only for his own \nproportion of the debt, they are said to be liable pro rata.\" \nJohn Trayner, Trayner's Latin Maxims 580 (4th ed. 1894). \nsinking fund. See FUND (1). sinking-fund bond. See BOND (3). \nsinking-fund debenture. See DEBENTURE. \nsinking-fund depreciation method. See DEPRECIATION \nMETHOD. \nsinking-fund reserve. See RESERVE. \nsinking-fund tax. See TAX. \nsi non jure seminis, saltem jure soli (SI non joor-ee sem\ni-nis, sal-tern joor-ee soh-h). [Law Latin] Hist. Ifnot by \nright of seed, at least by right of soil. \nsi non omnes (SI non om-neez). [Latin \"if not all\"] Hist. \nA writ allowing two or more judges to proceed in a \ncase ifthe whole commission cannot be present on the \nassigned day. \nsin tax. See TAX. \nSIPA (see-Pd). abbr. SECURITIES INVESTOR PROTECTION \nACT. \nsi parcere ei sine suo periculo non potest (Sl pahr-sdr-ee \nee-I sl-nee s[y]oo-oh pd-rik-Yd-Ioh non poh-test). \n[Latin] Roman law. Ifhe could not spare him except at \nhis own peril.  This phrase defined the circumstances \nin which a defendant could plead self-defense. \nsi paret (Sl par-et). [Latin] If it appears . In Roman \nlaw, this phrase was part of the praetor's formula by \nwhich judges were appointed and told how they were \nto decide. \nSIPC. abbr. SECURITIES INVESTOR PROTECTION CORPO\nRATION. \nsi petatur tantum (Sl pi-tay-tdr tan-tdm). [Law Latin] \nHist. Ifasked only. \n\"In blench holdings, where the return for the lands is gener\nally elusory, that return is for the most part due and payable \nsi petatur tantum; and this clause, by universal practice, \nhas been interpreted to mean, if asked only within the \nyear (si petatur intra annum). If the duty is not demanded \nwithin the year, the vassal is not liable for it.\" John Trayner, \nTrayner's Latin Maxims 575 (4th ed. 1894). \nsi prius (Sl prhls). [Law Latin] Ifbefore . This phrase is \nused in a writ summoning a jury. \nsi quis (Sl kwis). [Latin] Roman law. If anyone . This \nterm was used in praetorian edicts. In England, it was \nalso mentioned in notices posted in parish churches \nrequesting anyone who knows ofjust cause why a can\ndidate for holy orders should not be ordained to inform \nthe bishop. \nSIR. abbr. 1. SELF-INSURED RETENTION. 2. STATUTORY \nINVENTION REGISTRATION. \nsi recognoscat (Sl rek-dg-nos-kat). [Latin \"ifhe acknowl\nedges\"] Hist. A writ allowing a creditor to obtain money \ncounted -that is, a specific sum that the debtor had \nacknowledged in county court to be owed. \nsi sine liberis decesserit (Sl sl-nee lib-dr-is di-ses-dr-it). \n[Latin] Hist. Ifhe shall have died without children. \nsi sit admodum grave (Sl sit ad-moh-ddm gray-vee). \n[Latin] Hist. Ifit be very heinous. \nsi sit incompos mentis, fatuus, et naturaliter idiota (Sl \nsit in-kom-pds men-tis, fach-oo-ds et nach-d-ray-li-tdr \n\n1513 678 trust \nid-ee-oh-t<7l). [Law Latin] Scots law. Ifhe is of unsound \nmind, fatuous, and naturally an idiot. _ The phrase \nappeared in reference to an inquiry that was posed to a \njury required to make an idiocy determination. \nsi sit legitimae aetatis (SI sit h-jit-d-mee ee-tay-tis). \n[Latin] Hist. Ifhe (or she) is oflawful age. \nsist (sist), n. Scots law. An order staying or suspending \nlegal proceedings. -Also termed supersedere. \nsist, vb. Scots law.!. To bring into court; to summon. 2. \nTo stay (a judicial proceeding, etc.), esp. by court order. \n3. To intervene in legal proceedings as an interested \nthird party, e.g., a trustee. \nsister. (bef. l2c) A female who has one parent or both \nparents in common with another person. \nconsanguine sister (kahn-sang-gwin or k<7ln-san-gwin). \nCivil law. A sister who has the same father, but a dif\nferent mother. \nhalfsister. A sister who has the same father or the same \nmother, but not both. \nsister-german. A full sister; the daughter of both of \none's parents. See GERMAN. \nstepsister. (lSc) The daughter ofone's stepparent. \nuterine sister (yoo-t<7lr-in). Civil law. A sister who has \nthe same mother, but a different father. \nsister corporation. See CORPORATION. \nsisterhood. See GIFTING CLUB. \nsister-in-law. (15c) The sister ofone's spouse or the wife \nof one's brother. -The wife ofone's spouse's brother is \nalso sometimes considered a sister-in-law. PI. sisters\nin-law. \nsistership exclusion. See EXCLUSION (3). \nsistren, n. Sisters, esp. those considered spiritual kin \n(such as female colleagues on a court). Cf. BRETHREN. \nsit, vb. (l4c) L (Of a judge) to occupy a judicial seat <Judge \n\\Vilson sits on the trial court for the Eastern District \nof Arkansas>. 2. (Of a judge) to hold court or perform \noffIcial functions <is the judge sitting this week?>. 3. \n(Of a court or legislative body) to hold proceedings <the \nU.S. Supreme Court sits from October to June>. \nsit-and-squirm test. A judicial doctrine, used esp. by \nadministrative-law judges in disability-claim cases, \nwhereby a court subjectively determines a set of traits \nthat it expects the claimant to exhibit and denies relief if \nthe claimant fails to exhibit those traits. -The doctrine \nis adhered to only in some federal circuits and has been \nexpressly rejected in others. Generally, an administra\ntive-law judge may observe a claimant's demeanor in \nevaluating the credibility of the complaint. Yet it is \nerror for the judge to base a judgment solely on personal \nobservation and not on the record as a whole. \nsit-down strike. See STRIKE. \nsite. 1. A place or location; esp., a piece of property set \naside for a specific use. 2. SCITE. \nsite assessment. See transactional audit under AUDIT. site license. See LICENSE. \nsite plan. (1937) An illustrated proposal for the develop\nment or use ofa particular piece ofreal property. -The \nillustration is usu. a map or sketch ofhow the property \nwill appear if the proposal is accepted. Some zoning \nordinances require a developer to present a site plan to \nthe city council and to receive council approval before \ncertain projects may be completed. [Cases: Zoning and \nPlanning ~245, 372.1.] \nsit-in, n. An organized, passive demonstration in which \nparticipants usu. sit (or lie) down and refuse to leave a \nplace as a means ofprotesting against policies or activi\nties. Sit-ins originated as a communal act ofprotest\ning racial segregation. People who were discriminated \nagainst would sit in places that were prohibited to them \nand refuse to leave. Later the term came to reter to any \ngroup protest, as with anti-Vietnam War protests and \nsome labor strikes. Cf. sit-down strike under STRIKE. \nsitio ganado mayor (sit-yoh gah-nah-doh mI-yor). \nSpanish & Mexican law. A square unit ofland with \neach side measuring 5,000 varas (about 4,583 yards). \nlhis term is found in old land grants in states that were \nformerly Spanish provinces or governed by Mexico. See \nVARA. Spanish & Mexican law. A unit ofland shaped \nlike a square with each side measuring 5,000 varas \n(about 4,583 yards). -Ihis term is sometimes found \nin old land grants in states that were formerly Spanish \ncolonies or governed by Mexico. See VARA. \nsitting, n. (l4c) A court session; esp., a session of an \nappellate court. See SESSION (1). \nen banc sitting. (1944) A court session in which all the \njudges (or a quorum) participate. See EN BANC. \nin camera sitting."}
{"text": "A court session in which all the \njudges (or a quorum) participate. See EN BANC. \nin camera sitting. (1976) A court session conducted by \na judge in chambers or elsewhere outside the court\nroom. See IN CAMERA. \nsituation. 1. Condition; position in reference to cir\ncumstances <dangerous situation>. 2. The place where \nsomeone or something is occupied; a location <situa\ntion near the border>. \nsituational offender. See OFFENDER. \nsituation ofdanger. See DANGEROUS SITUATION. \nsitus (SI-t<7lS). [Latin] (1834) The location or position (of \nsomething) for legal purposes, as in lex situs, the law \nof the place where the thing in issue is situated. See \nLoces. \ntax situs. See TAX SITUS. \nsi vidua manserit et non nupserit (51 vij-yoO-<l man-\n8<lr-it et non nap-s<7Ir-it). [Law Latin] Hist. Ifshe should \nremain a widow and not marry. -This requirement was \na common condition in a widow's provision. \nSix Clerks. Hist. A collective name for the clerks of the \nEnglish Court of Chancery who filed pleadings and \nother papers . The office was abolished in 1842, and \nits duties transferred to the Clerk of Enrollments in \nChancery and to the Clerks of Records and Writs. \n678 trust. See nongrantor-owner trust under TRUST (3). \n\n1514 Sixteenth Amendment \nSixteenth Amendment. The constitutional amendment, \nratified in 1913, allowing Congress to tax income. \n[Cases: Internal Revenue <):;:'3067.] \nSixth Amendment. The constitutional amendment, \nratified with the Bill of Rights in 1791, guaranteeing \nin criminal cases the right to a speedy and public trial \nby jury, the right to be informed of the nature of the \naccusation, the right to confront witnesses, the right \nto counsel, and the right to compulsory process for \nobtaining favorable witnesses. \nsixth-sentence remand. See REMAl\\D. \nsixty derks. See SWORN CI.ERKS IN CHAl\\CERY. \nsixty-day notice. Labor law. Under the Taft-Hartley Act, \nthe 60-day advance notice required for either party to a \ncollective-bargaining agreement to reopen or terminate \nthe contract. _ During this period, strikes and lockouts \nare prohibited. 29 USCA  lS8(d)(l). \nS.J.D. See DOCTOR OF JURIDICAL SCIENCE. \nSJI. See STATE JUSTICE INSTITUTE. \nskeletallegislation. See LEGISLATION. \nskeleton bill. See BILL (7). \nskeleton bill ofexceptions. See BILL (2). \nskeleton legislation. See skeletal legislation under LEG\nISLATION. \nskill. Special ability and proficiency; esp., the practical \nand familiar knowledge ofthe principles and processes \nof an art, science, or trade, combined with the ability \nto apply them appropriately, with readiness and dex\nterity. -Skill is generally considered more than mere \ncompetence. It is a special competence that is not a part \nof the reasonable person's ordinary equipment, but \nthat results from aptitude cultivated through special \ntraining and experience. \nordinary skill. The skill of a typical person who \nperforms a given task or job. \nreasonable skill. The skill ordinarily possessed and \nused by persons engaged in a particular business. \nskilled artisan. See ARTISAN. \nskilled witness. See expert witness under WITNESS. \nskilled work. See WORK (1). \nskip bail. See JUMP BAIL. \nskip person. (1988) Tax. A beneficiary who is more \nthan one generation removed from the transferor and \nto whom assets are conveyed in a generation-skipping \ntransfer. IRC (26 lJSCA)  2613(a). See GENERATION\nSKIPPING TRANSFER. [Cases: Internal Revenue \n4224.] \n\"Since a skip person is necessary to trigger a generation\nskipping tax, it is important to have a precise definition of \n'skip person: In most cases, it suffices to say that a skip \nperson is a person who is two or more generations younger \nthan the transferor.\" John K. McNulty, Federal Estate and \nGift Taxation in a Nutshell 63 (5th ed. 1994). \nskippeson. See ESKIPPESON. skiptracing agency. (1984) A service that locates persons \n(such as delinquent debtors, missing heirs, witnesses, \nstockholders, bondholders, etc.) or missing assets (such \nas bank accounts). \nskyjack, vb. Slang. To hijack an aircraft. See HIJACK (1). \nskyjacking, n. \nS.L. abbr. 1. Session law. See SESSION LAWS. 2. Statute \nlaw. \nslack tax. See pickup tax under TAX. \nslamming. The practice by which a long-distance tele\nphone company wrongfully appropriates a customer's \nservice from another company, usu. through an unau\nthorized transfer or by way ofa transfer authorization \nthat is disguised as something else, such as a form to \nsign up for a free vacation. [Cases: Telecommunica\ntions C:::'863.) \nslander, n. (Be) 1. A defamatory assertion expressed in a \ntransitory form, esp. speech. -Damages for slander \nunlike those for libel are not presumed and thus \nmust be proved by the plaintiff (unless the defamation \nis slander per se). [Cases: Libel and Slander C:::' 1, 24, 32, \n33.)2. The act ofmaking such a statement. See DEFAMA\nTION. Cf. LIBEL (1). slander, vb. -slanderous, adj. \n\"Although libel and slander are for the most part governed \nby the same principles, there are two important differ\nences: (1) Libel is not merely an actionable tort, but also a \ncriminal offence, whereas slander is a civil injury only. (2) \nLibel is in all cases actionable per se; but slander is, save in \nspecial cases, actionable only on proof of actual damage. \nThis distinction has been severely criticised as productive \nof great injustice.\" R.F.V. Heuston, Salmond on the Law of \nTorts 139 (17th ed. 1977). \nslander per quod. (18c) Slander that does not qualify \nas slander per se, thus forcing the plaintiff to prove \nspecial damages. [Cases: Libel and Slander <):;: 11, \n33.] \nslander per se. (1841) Slander for which special damages \nneed not be proved because it imputes to the plaintiff \nanyone ofthe following: (1) a crime involving moral \nturpitude, (2) a loathsome disease (such as a sexually \ntransmitted disease), (3) conduct that would adversely \naffect one's business or profession, or (4) unchastity \n(esp. ofa woman). [Cases: Libel and Slander C:::'7(2), \n7(16),8,9(1), 33.] \ntrade slander. Trade defamation that is spoken but not \nrecorded. See trade defamation under DEFAMATION. \nCf. trade libel under LIBEL \nslanderer, n. (Be) One who commits slander. \nslander ofgoods. See DISPARAGEMENT. \nslander of title. (18c) A false statement, made orally or \nin writing, that casts doubt on another person's owner\nship ofproperty. Also termed jactitation oftitle. See \nDISPARAGEMENT. [Cases: Libel and Slander <):;: 132.] \nslander per quod. See SLANDER. \nslander per se. See SLANDER. \nSLAPP (slap). abbr. A strategic lawsuit against public \nparticipation that is, a suit brought by a developer, \ncorporate executive, or elected official to stifle those \n\n1515 \nwho protest against some type ofhigh-dollar initiative \nor who take an adverse position on a public-interest \nissue (often involving the environment). Also termed \nSLAPP suit. [Cases: Pleading~3S8, 360.] \nslate. A list of candidates, esp. for political office or a \ncorporation's board of directors, that usu. includes as \nmany candidates for election as there are representa\ntives being elected. [Cases: Corporations <;~:)283(2).] \nslave. Roman law. See SERVUS (1). \nslavery. 1. A situation in which one person has absolute \npower over the life, fortune, and liberty of another. 2. \nThe practice of keeping individuals in such a state of \nbondage or servitude. -Slavery was outlawed by the \n13th Amendment to the U.S. Constitution. [Cases: \nConstitutional Law 101; Slaves \n\"Slavery was a big problem for the Constitution makers. \nThose who profited by it insisted on protecting it; those \nwho loathed it dreaded even more the prospect that to \nInsist on abolition would mean that the Constitution would \ndie aborning. So the Framers reached a compromise, of \nsorts. The words 'slave' and 'slavery' would never be men \ntioned, but the Constitution would safeguard the 'peculiar \ninstitution' from the abolitionists.\" Jethro K. lieberman, \nThe Evolving ConstitutIOn 493 (1992). \nslavery, badge of. See BADGE OF SLAVERY. \nslay, vb. To kill (a person), esp. in battIe. \nslayer rule. (1986) The doctrine that neither a person \nwho kills another nor the killer's heirs can share in the \ndecedent's estate. -Also termed slayer's rule. \nslayer statute. Slang. A statute that prohibits a person's \nkiller from taking any part of the decedent's estate \nthrough will or intestacy. -lhe Uniform Probate Code \nand nearly all jurisdictions have a slayerstatute provi\nsion. [Cases: Descent and Distribution (;:::051; Wills \n~711.] \nSl/C. See standby letter of credit under LETTER OF \nCREDIT. \nSLC. abbr. SPECIAL LITIGATION COMMITTEE. \nsleeper. A security that has strong market potential but \nis underpriced and lacks investor interest. \nsleeping on rights. See LACHES (1). \nsleeping partner. See secret partner under PARTNER. \nsleepwalking defense. See AUTOMATISM. \nslidiug scale. A pricing method in which prices are \ndetermined by a person's ability to pay. \nslight care. See CARE. \nslight diligence. See DILIGENCE. \nslight evidence. See EVIDENCE. \nslight-evidence rule. (1936) 1. The doctrine that if \nevidence establishes the existence of a conspiracy \nbetween at least two other people, the prosecution need \nonly offer slight evidence of a defendant's knowing \nparticipation or intentional involvement in the con\nspiracy to secure a conviction . This rule was first \nannounced in Tomplain v. United States, 42 F.2d 202, \n203 (5th Cir. 1930). In the decades after Tomplain, other small-business concern \ncircuits adopted the rule, but not until the 1970s did \nthe rule become Widespread. Since then, the rule has \nbeen widely criticized and, in most circuits, abolished. \nSee, e.g., United States v. Durrive, 902 F.2d 1379, 1380 \nn.* (7th Cir. 1990). But its vitality remains undimin\nished in some jurisdictions. [Cases: Conspiracy \n47.] 2. The doctrine that only slight evidence ofa defen\ndant's participation in a conspiracy need be offered in \norder to admit a coconspirator's out-of-court statement \nunder the coconspirator exception to the hearsay rule. \nSee Fed. R. Evid. 801(d)(2)(E). [Cases: Criminal Law \nC-\"\"2427.] \nslight negligence. See :\"IEGLIGENCE. \nslip-and-fall case. (1952) 1. A lawsuit brought for injuries \nsustained in slipping and falling, usu. on the defen\ndant's property. [Cases: Negligence 1095, 1104.] 2. \nLoosely, any minor case in tort. \nslip decision. See slip opinion under OPINION (1). \nslip law. (1922) An individual pamphlet in which a single \nenactment is printed immediately after its passage but \nbefore its inclusion in the general laws (such as the \nsession laws or the u.s. Statutes at Large). Also \ntermed slip-law print. \nslip opinion. See OPINION (1). \nslippery-slope principle. See WEDGE PRINCIPLE. \nslipsheet. See slip opinion under OPINION (1). \nslot charter. See CHARTER (8). \nslough. 1. (sloo) An arm of a river, separate from the \nmain channel. 2. (slow) A bog; a place filled with deep \nmud. \nslowdown. An organized effort by workers to decrease \nproduction to pressure the employer to take some \ndesired action. \nslowdown strike. See STRIKE (1). \nSLSDC. abbr. SAINT LAWRENCE SEAWAY DEVELOPME:\"IT \nCORPORATION. \nslump, n. A temporary downturn in the economy and \nparticularly in the stock market, characterized by \nfalling market prices. \nslush fund. Money that is set aside for undesignated \npurposes, often corrupt ones, and that is not subject \nto financial procedures designed to ensure account\nability. \nSM. abbr. SERVICEMARK. \nSmall Business Administration. A federal agency that \nhelps small businesses by assuring them a fair share \nof government contracts, guaranteeing their loans or \nlending them money directly, and providing disaster \nrelief. -The agency was established by the Small \nBusiness Act of 1953. -Abbr. SBA. [Cases: United \nStates (~S3(8).] \nsmall-busiuess concern. A business qualifying for an \nexemption from freight undercharges because it"}
{"text": "(8).] \nsmall-busiuess concern. A business qualifying for an \nexemption from freight undercharges because it is inde\npendently owned and operated and is not dominant \nin its field of operation, with limited numbers of \n\n1516 small-business corporation \nemployees and business volume. 15 USCA  632.\nOften shortened to small business. [Cases: Carriers \n(;:::::> 189; Commerce \nsmall-business corporation. See CORPORATION. \nSmall Business Investment Act. A federal law, originally \nenacted in 1958, under which investment companies \nmay be formed and licensed to supply long-term equity \ncapital to small businesses . The statute is implemented \nby the Small Business Administration. 15 USCA  661 \net seq. [Cases: United States C=-;;53(8).] \nsmall-business investment company. A corporation \ncreated under state law to provide long-term eqUity \ncapital to small businesses, as provided under the Small \nBusiness Investment Act and regulated by the Small \nBusiness Administration. 15 USCA  661 et seq. -\nAbbr. SBIC. [Cases: Banks and Banking (;:::::>310; United \nStates (;::;c 53(8).J \nsmall claim. A claim for damages at or below a speci\nfied monetary amount. See small-claims court under \nCOURT. [Cases: Courts \nsmall-claims court. See COURT. \nsmall-debts court. See small-claims court under \nCOURT. \nsmall entity. Patents. An independent inventor, a non\nprofit organization, or a company with 500 or fewer \nemployees . A small entity is usu. charged a lower fee \nfor patent applications and related expenses as long as \nthe patent rights are not aSSigned or licensed to a large \nentity (a for-profit organization with more than 500 \nemployees). 37 CFR  1.27. [Cases: Patents (;::;c103.] \nsmall-estate probate. See PROBATE. \nsmall invention. See UTILITY MODEL. \nsmall-loan act. A state law fixing the maximum legal \ninterest rate and other terms on small, shorHerm loans \nby banks and finance companies. [Cases: Banks and \nBanking (;:::::> 181; Consumer Credit Usury \n42.] \nsmall-loan company. See consumer finance company \nunder FINANCE COMPANY. \nsmart card. See STORED-VALUE CARD. \nsmart money. 1. Funds held by sophisticated, usu.large \ninvestors who are considered capable of minimizing \nrisks and maximizing profits <the smart money has \nnow left this market>. 2. See punitive damages under \nDAMAGES <although the jury awarded only $7,000 in \nactual damages, it also awarded $500,000 in smart \nmoney>. \nsmash-and-grab. Slang. The act of breaking a window \nor other glass barrier in order to seize goods beyond \nit before fleeing . In a smash-and-grab, the criminal \nusu. breaks a shop window or a glass display case with \na handheld tool and seizes whatever merchandise is \nnearest. Cf. RAM RAID. \n5MBS. abbr. See stripped mortgage-backed security under \nSECURITY. Smith Act. A 1948 federal antisedition law that crimi\nnalizes advocating the forcible or violent overthrow of \nthe government. 18 USCA  2385. [Cases: Insurrection \nand Sedition \n'The Smith Act is aimed at the advocacy and teaching of \nconcrete action for the forcible overthrow of the govern \nment, and not at advocacy of principles divorced from \naction. The essential distinction is that those to whom the \nadvocacy is addressed must be urged to do something, \nnow or in the future, rather than merely to believe in some \nthing.\" 70 Am.Jur. 2d Sedition, Etc.  63, at 59 (1987). \nSmithsonian Institution. An independent trust of the \nUnited States responsible for conducting scientific and \nscholarly research; publishing its results; maintaining \nover 140 million artifacts, works ofart, and scientific \nspecimens for study, display, and circulation through\nout the nation; and engaging in educational program\nming and international cooperative research . It was \ncreated in 1846 to give effect to the terms ofthe will of \na British scientist, James Smithson, who left his entire \nestate to the United States. \nsmoking gun. (1974) A piece ofphysical or documentary \nevidence that conclusively impeaches an adversary on \nan outcome-determinative issue or destroys the adver\nsary's credibility. \nSmoot-Hawley Tariff Act. Hist. A 1930 protectionist \nstatute that raised tariff rates on most articles imported \ninto the U.S., and provoked U.S. trading partners to \ninstitute comparable tariff increases . This act is often \ncited as a factor in precipitating and spreading the Great \nDepression. The Act was named for the legislators who \nsponsored it, Senator Reed Smoot of Utah and Repre\nsentative Willis C. Hawley ofOregon. It is sometimes \ncalled the Grundy Tarifffor Joseph Grundy, who was \npresident ofthe Pennsylvania Manufacturers Associa\ntion and the chieflobbyist supporting the Act. -Also \ntermed Tariff Act of 1930. \nsmuggling, n. (17c) The crime of importing or exporting \nillegal articles or articles on which duties have not been \npaid. See CONTRABAND. Cf. PEOPLE-SMUGGLING; TRAF\nFICKING. [Cases: Customs Duties 120.1,125.] \nsmuggle, vb. \nalimentary-canal smuggling. Smuggling carried out \nby swallowing packets, usu. balloons, filled with con\ntraband, which stays in the smuggler's stomach or \nintestines during the crossing ofa border. \nsmurf, n. Slang. 1. A person who participates in a money\nlaundering operation by making transactions ofless \nthan $10,000 (the amount that triggers federal report\ning requirements) at each ofmany banks . The name \nderives from a cartoon character of the 1980s. 2. See \nCURRENCY-TRANSACTION REPORT. \nsneak-and-peek search warrant. See covert-entry search \nwarrant under SEARCH WARRANT. \nSNS. abbr. STRATEGIC NATIONAL STOCKPILE. \nSO. abbr. SOUTHERN REPORTER. \nsober, adj. (14c) 1. (Of a person) not under the influence \nof drugs or alcohol. 2. (Of a person) regularly abstinent \n\n1517 \nor moderate in the use of intoxicating liquors. [Cases: \nChemical Dependents <P1.]3. (Of a situation, person, \netc.) serious; grave. 4. (Of facts, arguments, etc.) basic; \nunexaggerated. 5. (Of a person) rational; having self\ncontrol. \nsober house. See SOBER-LIVING RESIDENCE. \nsober-living residence. A transitional form of group \nhousing for people recovering from alcoholism or \ndrug abuse. -The residents typically receive counsel\ning about how to function without mind-altering sub\nstances. Sometimes shortened to sober living. -Also \ntermed sober-living hOUSing; sober house. \nsobrante. Surplus. -This term is sometimes found in \nold land grants in states that were formerly governed \nby Mexico. \nsobrestadia. See ESTADIA. \nsobriety checkpoint. (1984) A part of a roadway at which \npolice officers maintain a roadblock to stop motorists \nand ascertain whether the drivers are intoxicated. \n[Cases: Automobiles (::::';' 349(9).] \nsobriety test. (1931) A method of determining whether \na person is intoxicated. -Common sobriety tests are \ncoordination tests and the use of mechanical devices to \nmeasure the blood alcohol content of a person's breath \nsample. See BREATHALYZER; HORIZONTAL-GAZE NYS\nTAGMUS TEST. [Cases: Automobiles C=>411; Criminal \nLaw <P388.2.] \nfield sobriety test. (1956) A motor-skills test admin\nistered by a peace officer during a stop to determine \nwhether a suspect has been driving while intoxi\ncated. Ihe test usu. involves checking the suspect's \nspeaking ability or coordination (as by reciting the \nalphabet or walking in a straight line). Abbr. FST. \n[Cases: Automobiles (;:::::>411.] \n/ sobrini (s<'J-brI-nI), n. pl. [Latin] Roman law. Children of \nfirst cousins; second cousins. \nsoc (sohk or sok), n. [Law Latin] Hist. 1. A liberty ofexer\ncising private jurisdiction; specif., the privilege granted \nto a seigniory of holding a tenant's court. 2. The terri\ntory subject to such private jurisdiction. Also spelled \nsoke; soca; sac. \nfold soc. See FALDAGE (1). \nsoca (soh-k<l or sok-<l), n. See SOC. \nsocage (sok-ij). Hist. A type of lay tenure in which a \ntenant held lands in exchange for prOViding the lord \nhusbandry-related (rather than military) service. -\nSocage, the great residuary tenure, was any free tenure \nthat did not fall within the definition ofknight-service, \nserjeanty, or frankalmoin. Cf. KNIGHT-SERVICE; VIL\nLEINAGE. \n\"If they [the peasant's duties] were fixed for instance, \nhelping the lord with sowing or reaping at specified \ntimes the tenure was usually called socage. This was \noriginally the tenure of socmen; but it became ... a generic \nterm for all free services other than knightservice, ser \njeanty, or spiritual service.\" j.H. Baker, An Introduction to \nEnglish Legal Historv 260 (3d ed. 1990). socida \nfree socage. Socage in which the services were both \ncertain and honorable. -By the statute 12 Car. 2, ch. \n24 (1660), all the tenures by knight-service were, with \nminor exceptions, converted into free socage. -Also \ntermed free and common socage; liberum socagium. \nvillein socage (vil-<ln). Socage in which the services, \nthough certain, were of a baser nature than those \nprovided under free socage. \nsocager (sok-ij-dr). A tenant by socage; SOCMAN. \nsocer (soh-s<lr), n. [Latin] Roman law. A father-in-law. \nsocial contract. (1837) The express or implied agreement \nbetween citizens and their government by which indi\nviduals agree to surrender certain freedoms in exchange \nfor mutual protection; an agreement forming the foun\ndation of a political society. _ The term is primarily \nassociated with political philosophers, such as 1homas \nHobbes, John Locke, and esp. Jean Jacques Rousseau, \nthough it can be traced back to the Greek Sophists. \nsocial cost. See COST (1). \nsocial guest. See GUEST. \nsocial harm. See HARM. \nsodal insurance. See INSURANCE. \nsocial justice. See rUSTICE (1). \nsocial restriction. 1. The curtailment ofindividuals' lib\nerties ostenSibly for the general benefit. 2. A govern\nmental measure that has this effect. \nSodal Security Act. A federal law, originally enacted \nin 1935 in response to the Great Depression, creating \na system of benefits, including old-age and survivors' \nbenefits, and establishing the Social Security Admin\nistration. 42 USCA  401-433. [Cases: Social Security \nand Public Welfare 121.] \nSocial Security Administration. A federal agency in \nthe executive branch responsible for administering \nthe nation's retirement program and its survivors\nand disability-insurance program . The agency was \nestablished under the Social Security Act of 1935 and \nbecame independent in 1995. -Abbr. SSA. [Cases: \nSocial Security and Public Welfare \nSocial Security Disability Insurance. A benefit for \nadults with disabilities, paid by the Social Security \nAdministration to wage-earners who have accumulated \nenough quarters of coverage and then become disabled . \n Benefits are also available to disabled adult children \nand to disabled widows and widowers of qualified \nwage-earners. Abbr. ssm. [Cases: Social Security \nand Public Welfare (;:::::> ]40.5.] \nsocial-service state. See STATE. \nsocial study. See HOME-STUDY REPORT. \nsodal value. See VALUE (1). \nsocida (sd-sI-dd), n. [Latin] Civil law. A contract of \nbailment bv which the bailee assumes the risk of loss; \nspecif., a b~ilment by which a person delivers animals \nto another for a fee, on the condition that ifany animals \nperish, the bailee will be liable for the loss. \n\nsocietas 1518 \nsocietas (S<l-SI-<l-tas), n. [Latin] Roman law. A partner\nship between two or more people agreeing to share \nprofits and losses; a partnership contract. \n\"Societas in its widest acceptation denotes two or more \npersons who unite or combine for the prosecution of a \ncommon object; in its more restricted sense it denotes a \nmercantile partnership ... , the individual members being \ntermed Socii.\" William Ramsay, A Manual ofRoman Antiqui \nties 316 (Rodolfo Lanciani ed., 15th ed. 1894). \nsocietas leonina (S<l-SI-,Has lee-J-nI-n<l). [Latin \"part\nnership with a lion\"] Roman law. An illegal partner\nship in which a partner shares in only the losses, not \nthe profits; a partnership in which one person takes the \nlion's share. -Also termed leonina societas. \n\"But an arrangement by which one party should have all \nthe gain was not recognized as binding; it was considered \nas contrary to the nature and purposes of the societas, \nthe aim of which was gain for all the parties concerned. \nSuch an arrangement the lawyers called societas leonina, \na partnership like that"}
{"text": "gain for all the parties concerned. \nSuch an arrangement the lawyers called societas leonina, \na partnership like that which the lion in the fable imposed \nupon the cow, the sheep, and the she-goat, his associates \nin the chase.\" James Hadley, Introduction to Roman Law \n231-32 (1881). \nsocietas navalis (SJ-SI-J-tas nJ-vay-lis), n. [Latin] Hist. \nA naval partnership; an assembly ofvessels for mutual \nprotection. Also termed admiralitas. \nsocietas universorum bonorum (S<l-Sl-<l-tas yoo-ni-vJr\nsor-Jm b<l-nor-<lm), n. Hist. An entire partnership, \nincluding all the individual partners' property. \nsociete (soh-see-ay-tay), n. [French] French law. A part\nnership. \nsociete anonyme (soh-see-ay-tay an-aw-neem), n. \n[French] French law. An incorporated joint-stock \ncompany. \nsociete d'acquets (soh-see-ay-tay dah-kay), n. [French] \nFrench law. A written agreement between husband \nand wife designating community property to be only \nthat property acquired during marriage. \nsociete en commandite (soh-see-ay-tay awn koh-mawn\ndeet), n. [French] French law. A limited partnership. \nsociete en nom collectif(soh-see-ay-tay aWrl nawn koh\nlek-teef), n. [Prench] French law. A partnership in \nwhich all members are jointly and severally liable for \nthe partnership debts; an ordinary partnership. \nsociete en participation (soh-see-ay-tay awn pahr-tee\nsee-pah-syawn), rI. French law. A joint venture. \nsocietepar actions (soh-see-ay-tay pahr ak-syawn), n. \nFrench law. A joint-stock company. \nsociety. (16c) 1. A community of people, as of a state, \nnation, or locality, with common cultures, traditions, \nand interests. \ncivil society. 1he political body ofa state or nation; the \nbody politic. \n2. An association or company ofpersons (mm. unin\ncorporated) united by mutual consent, to deliberate, \ndetermine, and act jOintly for a common purpose; \nORGANIZATION (1). [Cases: Associations C:;:: LJ 3. The \ngeneral love, affection, and companionship that family \nmembers share with one another. sociological jurisprUdence. See JURISPRUDENCE. \nsociology oflaw. See SOciological jurisprudence under \nJURISPRUDENCE. \nsociopath, n. See PSYCHOPATH. -sociopathy, n. \nsociopathic, adj. \nsocius (soh-shee-<ls), n. [Latin] Roman law. 1. A partner. \n2. An accomplice; an accessory. 3. A political ally. PI. \nsocii (soh-shee-I). \nsocius criminis (soh-shee-Js krim-J-nis). An associate \nin crime; an accomplice. \nsockman. See SOCMAN. \nsocman (sok-mJn). Hist. A person who holds land by \nsocage tenure. Also spelled sokeman; sackman. \nAlso termed socager; gainor. See SOCAGE. \nsocmanry (sok-mJn-ree). Hist. 1. Free tenure by socage. \n2. Land and tenements held only by simple services; \nland enfranchised by the sovereign from ancient \ndemesne. The tenants were socmen. 3. The state of \nbeing a socman. \nsocna (sok-nJ). Hist. A privilege; a liberty; a franchise. \nSocratic method. (ISc) A technique ofphilosophical dis\ncussion and oflaw-school instruction -by which \nthe questioner (a law professor) questions one or more \nfollowers (the law students), building on each answer \nwith another question, esp. an analogy incorporating \nthe answer. This method takes its name from the \nGreek philosopher Socrates, who lived in Athens from \nabout 469-399 B.C. His method is a traditional one in \nlaw schools, primarily because it forces law students to \nthink through issues rationally and deductively - a \nskill required in the practice oflaw. Most law professors \nwho employ this method call on students randomly, an \napproach designed to teach students to think quickly, \nwithout stage fright. Also termed question-and\nanswer method. See QUESTTON-AND-ANSWER (3). Cf. \nCASEBOOK METHOD; HORNBOOK METHOD. \n\"[Socrates] himself did not profess to be capable of \nteaching anything, except consciousness of ignorance .... \nHe called his method of discussion (the Socratic method) \nobstetrics . .. because it was an art of inducing his inter\nlocutors to develop their own ideas under a catechetical \nsystem.\" 5 The Century Dictionary and Cvclopedla 5746 \n(rev. ed. 1914). \nsocrus (sok-rJs), rI. [Latin] Roman law. A mother-in\nlaw. \nSODDI defense (sahd-ee). Slang. The some-other-dude\ndid-it defense; a claim that somebody else committed a \ncrime, usu. made by a criminal defendant who cannot \nidentify the third party. \nsodomy (sod-<l-mee), n. (l3c) 1. Oral or anal copulation \nbetween humans, esp. those ofthe same sex. [Cases: \nSodomy I.] 2. Oral or anal copulation between \na human and an animal; bestiality. Also termed \nbuggery; crime against nature; abominable and detest\nable crime against nature; unnatural offense; unspeak\nable crime; (archaically) sodomitry; (in Latin) crimen \nimlOminatum. Cf. PEDERASTY. sodomize, vb. sod\nomitic, adj. -sodomist, sodomite, n. \n\n1519 \n\"Sodomitry is a carnal copulation against nature; to wit, \nof man or woman in the same sex, or of either of them \nwith beasts.\" Sir Henry Finch, Law, or a Discourse Thereof \n219 (1759). \n\"Sodomy was not a crime under the common law of England \nbut was an ecclesiastical offense only. It was made a felony \nby an English statute so early that it is a common law felony \nin this country, and statutes expressly making it a felony \nwere widely adopted. 'Sodomy' is a generic term including \nboth 'bestiality' and 'buggery.'\" Rollin M. Perkins & Ronald \nN, Boyce, Criminal Law465 (3d ed. 1982), \naggravated sodomy. (1965) Criminal sodomy that \ninvolves force or results in serious bodily injury to \nthe victim in addition to mental injury and emotional \ndistress. Some laws provide that sodomy involving \na minor is automatically aggravated sodomy. [Cases: \nSodomyC=L] \nSOF. abbr. STATUTE OF FRAUDS. \nSOFA. abbr. See STATEMENT OF FINANCIAL AFFAIRS. \nsoft currency. See CURRENCY. \nsoft dollars. 1. Securities. The credits that brokers give \ntheir clients in return for the clients' stock-trading \nbusiness. 2. The portion of an equity investment that \nis tax-deductible in the first year. Cf. HARD DOLLARS. \nsoft goods. See GOODS. \nsoft law. 1. Collectively, rules that are neither strictly \nbinding nor completely lacking in legal significance. \n2. Int'I law. Guidelines, policy declarations, or codes \nof conduct that set standards of conduct but are not \nlegally binding. \nsoft market. See MARKET. \nsoft positivism. See INCORPORATIONISM. \nsoft sell. A low-key sales practice characterized by sin\ncerity and professionalism. Cf. HARD SELL. \nsoftware beta-test agreement. See BETA-TEST AGREE\nMENT. \nsoftware-based invention. See INVENTION. \nSoftware Directive. See DIRECTIVE ON THE LEGAL PRO\nTECTION OF COMPUTER PROGRAMS. \nSoftware Patent Institute. A Kansas-based nonprofit \ninstitute that collects and organizes nonpatented \nprior-art software references in a database for patent \nresearchers. \nso help me God. The final words of the common oath. \n The phrase is a translation, with a change to first \nperson, of the Latin phrase ita te Deus adjuvet \"so help \nyou God.\" See ITA TE DEUS ADJUVET. [Cases: Oath \n5; Witnesses C~227.] \nsoil bank. A federal agricultural program in which \nfarmers are paid to not grow crops or to grow noncom\nmercial vegetation, to preserve the quality of the soil \nand stabilize commodity prices by avoiding surpluses. \nSee LAND BANK (2). [Cases; AgricultureC=3.2.] \nSoil Conservation Service. See NATURAL RESOURCES \nCONSERVATION SERVICE. \nsoit (swah). [Law French] Be; let it be. This term was \nused in English-law phrases, esp. to indicate the will sole-actor doctrine \nofthe sovereign in a formal communication with Par\nliament. \nsoit baile aux commons (swah bayl oh kom-;:mz). [Law \nFrench] Let it be delivered to the commons . This is an \nindorsement on a bill sent to the House of Commons. \nsoit baile aux seigneurs (swah bayl oh sen-Y<lrz). [Law \nFrench] Let it be delivered to the lords. This is an \nindorsement on a bill sent to the House of Lords. \nsoit droitfait al partie (swah droyt [or drwah] fayt [or \nfay] ahl pahr-tee). [Law French] Rist. Let right be done \nto the party. This phrase is written on a petition of \nright and subscribed by the Crown. \nsoitfait comme if est desire (swah fay[t] kawm eel ay \nday-zeer-ay). [Law French] Let it be as it is desired . \nThis is the phrase indicating royal assent to a private \nact of Parliament. \nsojourn (soh-jdrn), n. A temporary stay by someone \nwho is not just passing through a place but is also not a \npermanent resident <she set up a three-month sojourn \nin France>. -sojourn (soh-j<}rn or soh-j;,rn), vb. \nsojourner (soh-j;>r-n;>r or soh-j;,r-n<}r), n. \nsoke. See soc. \nsokeman. See SOCMAN. \nsoke-reeve (sohk-reev). Rist. The lord's rent-collector \nin the soc. \nsolar (soh-Iahr). Rist. Spanish & Mexican law. A resi\ndentiallot; a small, privately owned tract of land. \nThis term is sometimes found (esp. in the plural form \nsolares) in old land grants in states that were formerly \nSpanish provinces or governed by Mexico. \nsolar day. See DAY. \nsolar easement. See EASEMENT. \nsolarium (s;>-lair-ee-;}m), n. [Latin fro solum \"soil\"] \nRoman law. Rent paid for building on public land; \nground rent. \nsolar month. See MONTH (4). \nsola superviventia (soh-I;) soo-p<}r-vI-ven-shee-<}). [Law \nLatin] Rist. By mere survivance. \nsolatium (sd-Iay-shee-dm), n. (Latin \"solace\"] Scots law. \nCompensation; esp., damages allowed for hurt feelings \nor grief, as distingUished from damages for physical \ninjury . \nSoldiers' and Sailors' Civil Relief Act. A federal law, \noriginally enacted in 1940, protecting the civil rights of \npersons in military service, as by modifying their civil \nliability, placing limits on interest rates charged against \ntheir obligations, and prescribing specific procedures \nfor claims made against them. 50 USCA app.  501 et \nseq. [Cases: Armed Services C;::J34.1.] \nsoldier's and sailor's will. See soldier's will under WILL. \nsoldier's will. See WILL. \nsold note. 1. See NOTE (1). 2. See CONFIRMATION SLIP. \nsole-actor doctrine. (1923) Agency. The rule charging a \nprincipal with knowledge of the agent's actions, even \n\n1520 sole and separate use \nif the agent acted fraudulently. [Cases: Principal and \nAgent C--=> 177(1), 180-182.] \nsole and separate use. See entire use under USE (4). \nsole and unconditional owner. See OWNER. \nsole cause. See CAUSE (1). \nsole corporation. See CORPORATION. \nsole custody. See CUSTODY (2). \nsole discretion. See DISCRETION (2). \nsolemn admission. Seejudicial admission under ADMIS\nSION (1). \nsolemnitas attachiamentorum (s;}-lem-ni-tas ;}-tach\nee-;J-men-tor-dm). lLaw Latin] Hist. The formality \nrequired in issuing attachments ofproperty. \nsolemnity (s;J-lem-n;J-tee). (I4c) 1. A formality (such as a \nceremony) required by law to validate an agreement or \naction <solemnity of marriage>. 2. The state of serious\nness or solemn respectfulness or observance <solem\nnity of contract>. \nsolemnity of contract. (1812) The concept that two \npeople may enter into any contract they wish and that \nthe resulting contract is enforceable if formalities are \nobserved and no defenses exist. [Cases: Contracts \n1.J \nsolemnization. The performance ofa formal ceremony \n(such as a marriage ceremony) before witnesses, as \ndistinguished from a clandestine ceremony. [Cases: \nMarriage ~26.] \nsolemnize (sol-am-lllz), vb. (14c) To enter into (a \nmarriage, contract, etc.) by a formal act, usu. before \nwitnesses. [Cases: MarriageC-'26.] \nsolemn oath. See corporal oath under OATH. \nsolemn occasion. In some states, the serious and unusual \ncircum"}
{"text": "solemn oath. See corporal oath under OATH. \nsolemn occasion. In some states, the serious and unusual \ncircumstance in which the supreme court is constitu\ntionally permitted to render advisory opinions to the \nremaining branches of government, as when the leg\nislature doubts the legality of proposed legislation and \na determination must be made to allow the legislature \nto exercise its functions. _ Some factors that have been \nconsidered in determining whether a solemn occasion \nexists include whether an important question oftaw is \npresented, whether the question is urgent, whether the \nmatter is ripe for an opinion, and whether the court has \nenough time to consider the question. [Cases: Consti\ntutional Law~2600-2609; Courts ~208.] \nsolemn war. See WAR. \nsole practitioner. (1946) A lawyer who practices law \nwithout any partners or associates. -Often shortened \nto solo. -Also termed solo practitioner. \nsole proprietorship. (1860) 1. A business in which one \nperson owns all the assets, owes all the liabilities, and \noperates in his or her personal capacity. [Cases: Corpo\nrations 1.] 2. Ownership of such a business. Also \ntermed individual proprietorship. \nsole selling agency. See exclusive agency under AGENCY \n(1). sole-source rule. In a false-advertising action at common \nlaw, the principle that a plaintiff may not recover unless \nit can demonstrate that it has a monopoly in the sale \nof goods possessing the advertised trait, because only \nthen is it clear that the plaintiff would be harmed by the \ndefendant's advertiSing. \nsole use. See entire use under USE (4). \nsolicitation, n. (16c) 1. The act or an instance ofrequest\ning or seeking to obtain something; a request or \npetition <a solicitation for volunteers to handle at least \none pro bono case per year>. 2. The criminal offense of \nurging, advising, commanding, or otherwise inciting \nanother to commit a crime <convicted of solicitation of \nmurder>. -Solicitation is an inchoate offense distinct \nfrom the solicited crime. Under the Model Penal \nCode, a defendant is guilty of solicitation even if the \ncommand or urging was not actually communicated \nto the solicited person, as long as it was designed to be \ncommunicated. Model Penal Code  5.02(2). Also \ntermed criminal solicitation; incitement. Cf. ATTEMPT \n(2). [Cases: Criminal Law HomicideC=S62.] \n3. An offer to payor accept money in exchange for \nsex <the prostitute was charged with solicitation>. \nAlso termed soliciting. Cf. PATRONIZING A PROSTITUTE. \n[Cases: Prostitution C:) 16.] 4. An attempt or effort to \ngain business <the attorney's solicitations took the \nform of radio and television ads>. _ The Model Rules \nof Professional Conduct place certain prohibitions on \nlawyers' direct solicitation of potential clients. [Cases: \nAttorney and Client (;:-:;c 32(9).] S. Securities. A request \nfor a proxy; a request to execute, not execute, or revoke \na proxy; the furnishing ofa form ofproxy; or any other \ncommunication to security holders under circum\nstances reasonably calculated to result in the procure\nment, withholding, or revocation of a proxy. [Cases: \nSecurities Regulation <:-'-::::::49.10-49.16.] solicit, vb. \nsolicitation for bids. See INVITATION TO NEGOTIATE. \nsolicitation of a bribe. The crime of asking or enticing \nanother to commit bribery. 18 USCA  201. See BRIBERY. \n[Cases: Bribery~1.l \nsolicitation of chastity. Hist. The act of trying to \npersuade another person to engage in unlawful sexual \nintercourse. \nsolicitee. One who is solicited. See SOLICIT ATION. \nsoliciting, n. See SOLICITATION (3). \nsoliciting agent. See AGENT (2). \nsolicitor. (ISc) 1. A person who seeks business or con\ntributions from others; an advertiser or promoter. 2. \nA person who conducts matters on another's behalf; \nan agent or representative. 3. The chief law officer of a \ngovernmental body or a municipality. [Cases: Munici\npal Corporations C'-::o 169.] 4. In the United Kingdom, \na lawyer who consults with clients and prepares legal \ndocuments but is not generally heard in High Court or \n(in Scotland) Court of Session unless specially licensed. \nCf. BARRISTER. 5. See speCial agent under INSURANCE \nAGENT. 6. A prosecutor (in some jurisdictions, such as \n\n1521 \nSouth Carolina). 7. See special agent under INSURANCE \nAGENT. \nsolicitor general. (usu. cap.) (17c) The second-highest\nranking legal officer in a government (after the attorney \ngeneral); esp., the chief courtroom lawyer for the execu\ntive branch. -Abbr. SG. PI. solicitors general. \n\"By [federaillaw, only the Solicitor General or his designee \ncan conduct and argue before the Supreme Court cases \n'in which the United States is interested.' Thus, if a trial \ncourt appoints a special, independent prosecutor in order \nto prosecute a criminal contempt of court, that court \nappointed special prosecutor cannot represent the United \nStates in seeking Supreme Court review of any lower court \ndecision unless the Solicitor General authorizes the filing of \nsuch a petition .... Although the Solicitor General serves \nat the pleasure of the President, by tradition the Solicitor \nGeneral also acts with independence. Thus, if the Solicitor \nGeneral does not believe in the legal validity of the argu\nments that the government wants presented, he will refuse \nto sign the brief. In close cases the Solicitor General will \nsign the brief but tag on a disclaimer that has become \nknown as 'tying a tin can.' The disclaimer would state, \nfor example. The foregoing is presented as the position \nof the Internal Revenue Service.' The justices would then \nknow that the Solicitor General, although not withhold\ning a legal argument, was not personally sponsoring or \nadopting the particular legal position.\" Ronald D. Rotunda \n& John E. Nowak, Treatise on Constitutional Law  2.2, at \n86-88 (3d ed. 1999). \nsolicitor's hypothec. See HYPOTHEC. \nsolidarity. (1875) The state ofbeing jOintly and severally \nliable (as for a debt). See solidary obligation under OBLI\nGATION. [Cases: Action <8=> 14.] -solidarily, adv. \nsolidary (sol-a-der-ee), adj. (Ofa liability or obligation) \njoint and several. See JOINT AND SEVERAL. [Cases: \nAction C:::> 14.] \n\"It is a single debt of 100 owing by each of them, in such \nfashion that each of them may be compelled to pay the \nwhole of it, but that when it is once paid by either of them, \nboth are discharged from it. Obligations of this description \nmay be called solidary, Since in the language of Roman \nlaw, each of the debtors is bound in solidum instead of pro \nparte; that is to say, for the whole, and not for a proportion\nate part. A solidary obligation, therefore, may be defined \nas one in which two or more debtors owe the same thing \nto the same creditor.\" John Salmond, jurisprudence 462-63 \n(Glanville l. Williams ed., 10th ed. 1947). \nsolidary liability. See LIABILITY. \nsolidary obligation. See OBLIGATION. \nsolidum (sol-a-dam), n. [Latin] Roman law. A whole; an \nundivided thing. See SOLIDARY. \nsolinum (sa-h-n;>m), n. [Law Latin] Hist. 1. Slightly less \nthan two and a half plowlands. 2. A Single plowland. \nsolitary confinement. (17c) Separate confinement that \ngives a prisoner extremely limited access to other \npeople; esp., the complete isolation ofa prisoner. [Cases: \nPrisons <8=>232.] \nsollertia (s;>-l<lr-shee-;. [Latin] Hist. Shrewdness; \nresourcefulness; cleverness. \nsolo, n. See SOLE PRACTITIONER. \nsolo animo (soh-Ioh an-a-moh). [Latin] Hist. By mere \nintention. solvendo esse \nSolomon Amendment. A federal law authorizing the \nSecretary of Defense to withhold federal funding \nfrom schools that do not allow military recruiters on \ntheir campuses or deny access equal to that enjoyed by \nother types of recruiters . The amendment is named \nfor Representative Gerald B.H. Solomon ofNew York. \n10 USCA  983. [Cases: Colleges and Universities \n4,6(5).] \nsolo practitioner. See SOl.E PRACTITIONER. \nsolum italicum (soh-l;>m I-tal-a-bm). [Latin \"Italian \nland\"] Roman law. Land in Italy (an extension ofthe old \nager Romanus) needing, for full ownership to pass, to \nbe transferred by formal methods, such as mancipatio \nor cession in jure. Cf. solum provinciale. \nsolum provinciale (soh-bm pr<,>-vin-shee-ay-Iee). \n[Latin \"provincial land\"] Roman law. Provincial land \nultimately held by the Emperor or state, with private \nholders having only, in theory, a possessory title without \nthe right to transfer the property by formal methods, as \ndistinguished from solum italicum .  Justinian abol\nished all distinctions between the two, allowing all land \nto be conveyed by traditio. Cf. SOl.UM ITALICUM. \n\"Ownership of provincial land. The dominium of this was \nin Caesar or the populus according as it was an imperial \nor a senatorial province .... The holders were practically \nowners, but as they were not domini formal methods of \ntransfer were not applicable. The holdings were however \ntransferable informally .... The case disappeared when \nJustinian abolished the distinction between Italic and \nprovincial land. Not all land in the provinces was solum \nprovinciale: many provincial communities were given ius \nitalicum, the chief result being that the land was in the \ndominium of the holder and not of the State, so that it could \nbe transferred and claimed at law by civil law methods.\" \nWW. Buckland, A TextBook of Roman Law from Augustus \nto justinian 190 (Peter Stein ed., 3d ed. 1963). \nsolus cum sola in loco suspecto (soh-IdS k;>m soh-I;> in \nloh-koh sa-spek-toh). [Law Latin] Hist. A man alone \nwith a woman in a suspicious place. \nsolutio (s<,>-loo-shee-oh), n. [Latin \"payment\"] Roman \nlaw. Performance ofan obligation; satisfaction. PI. solu\ntiones (s;>-loo-shee-oh-neez). \nsolutio indebiti (sil-Ioo-shee-oh in-deb-il-tI). [Latin \n\"payment ofwhat is not owing\"] Roman law. Payment \nof a nonexistent debt. Ifthe payment was made in \nerror, the recipient had a duty to give back the money. \nsolutio obligationis (sil-Ioo-shee-oh ob-li-gay-shee-oh\nnis). Roman law. The unfastening of a legal bond, so \nthat a party previously bound need not perform any \nlonger. Cf. VINCULUM JURIS. \nsolutus (s;>-loo-tds), adj. [Latin fro solvere \"to loose\"] 1. \nRoman law. Set free; released from obligation or con\nfinement. 2. Scots law. Purged, esp. in reference to \ncounsel. \nsolvabilite (sawl-vah-beel-ee-tay), n. [French] French law. \nSolvency. \nsolvency, n. (18c) The ability to pay debts as they come \ndue. Cf. INSOl.VENCY. solvent, ad). \nsolvendo esse (sol-ven-doh es-ee). [Latin] Hist. To be \nsolvent; to be able to pay an obligation. \n\n1522 solvendum in futuro \nsolvendum infuturo (sol-ven-d.nu in f[y]oo-t[yJoor-oh). \n[Latin \"to be paid in the future\"] Hist. (Of a debt) due \nnow but payable in the future. \nsolvent debtor. See DEBTOR. \nsolvere (sol-va-ree), vb. [Latin \"to unbind\"] Roman law. \nTo pay (a debt); to release (a person) from an obliga\ntion. \nsolvere poenas (sal-veer-ee pee-nas). [Latin] Hist. To pay \nthe penalty. \nsolvit (sol-vit). [Latin] He paid; paid. \nsolvit ad diem (sol-vit ad dI-dm). [Law Latin \"he paid on \nthe day\"] Hist. In a debt action, a plea that the defen\ndant paid the debt on the due date. \nsolvit ante diem (sol-vit an-tee dI-am). [Law Latin \"he \npaid before the day\"] Hist. In a debt action, a plea that \nthe defendant paid the money before the due date. \nsolvit post diem (sol-vit pohst dI-dm). [Law Latin \"he \npaid after the day\"] Hist. In a debt action on a bond, a \nplea that the defendant paid the debt after the due date \nbut before commencement of the lawsuit. \nsomnambulism (sahm-nam-bYd-liz-am). (I8c) Sleep\nwalking. _ Generally, a person will not be held crimi\nnally responsible for an act performed while in this \nstate. See AUTOMATISM. \nsomnolentia (sahm-nd-Ien-shee-a). (1879) 1. The state of \ndrowsiness. 2. A condition of incomplete sleep resem\nbling drunkenness, during which part ofthe faculties \nare abnormally excited while the others are dormant; \nthe combined condition ofsleeping and wakefulness \nprodUcing a temporary state of involuntary intoxica\ntion. -To the extent that it destroys moral agency, som\nnolentia may be a"}
{"text": "of involuntary intoxica\ntion. -To the extent that it destroys moral agency, som\nnolentia may be a defense to a criminal charge. \nson. 1. A person's male child, whether natural or adopted; \na male of whom one is the parent. 2. An immediate \nmale descendant. 3. Slang. Any young male person. \nson assault demesne (sohn <J-sawlt di-mayn). [French \n\"his own assault\"] The plea of self-defense in a tort \naction, by which the defendant alleges that the plaintiff \noriginally engaged in an assault and that the defendant \nused only the force necessary to repel the plaintiff's \nassault and to protect person and property. See SELF\nDEFENSE. \nson-in-law. The husband ofone's daughter. \nSonny Bono Copyright Term Extension Act. Copyright. \nA federal law extending the copyright term by 20 years \nfor all works published in the U.S. after January 1, 1978, \nand settling the copyright term for works created before \n1978 as 95 years from the original copyright date. \nBefore the extension, the copyright term was the life of \nthe author plus 50 years. Pub. L. 105-298,112 Stat. 2827. \n[Cases: Copyrights and Intellectual Property C=>33.] \nSon-of-Sam law. (1981) A state statute that prohibits a \nconvicted criminal from profiting by selling his or her \nstory rights to a publisher or filmmaker. -State law \nusu. authorizes prosecutors to seize royalties from a \nconvicted criminal and to place the money in an escrow account for the crime victim's benefit. This type oflaw \nwas first enacted in New York in 1977, in response to \nthe lucrative book deals that publishers offered David \nBerkowitz, the serial killer who called himself\"Son of \nSam.\" In 1992, the U.S. Supreme Court declared New \nYork's Son-of-Sam law unconstitutional as a content\nbased speech regulation, prompting many states to \namend their laws in an attempt to avoid constitution\nality problems. Simon & Schuster, Inc. v. New York State \nCrime Victims Bd., 502 U.S. 105, 112 S.Ct. 501 (1992). \n[Cases: Criminal LawC=J1221.] \nsonticus (sahn-ti-kds), n. [Latin] Roman law. Serious; \nmore than trivial. -The term was used in the Twelve \nTables to refer to a serious illness (morbus sonticus) \nthat gave a defendant a valid reason not to appear in \ncourt. \nSony doctrine. See COMMERCIALLY SIGNIFICANT NON\nINFRINGING USE. \nsophisticated investor. See INVESTOR. \nSOTor (sor-or), n. [Latin] Roman law. A sister. \nsororicide (sa-ror-d-sId). (17c) 1. The act ofkilling one's \nown sister. 2. A person who kills his or her sister. Cf. \nFRATRICIDE. sororicidal, adj. \nSOTS (sors), n. [Latin] 1. Roman law. A lot; a chance. 2. \nScots law. A partnership's capital. 3. Hist. Principal, as \ndistinguished from interest. 4. Hist. Something recov\nered in an action, as distinguished from mere costs. \nsortitio (sor-tish-ee-oh), n. [Latin fro sortiri \"to cast lots\"] \nRoman law. The drawing of lots, used, for example, in \nselecting judges for a criminal trial. Also termed (in \nEnglish) sortition; sortilege. \nsoul scot. See MORTUARY (3). \nsoul shot. See MORTUARY (3). \nsound, adj. (12c) 1. (Of health, mind, etc.) good; whole; \nfree from disease or disorder. [Cases: Mental Health \nC=J3.1.J 2. (Of property) good; marketable. 3. (Of \ndiscretion) exercised equitably under the circum\nstances. soundness, n. \nsound, vb. (I8c) 1. To be actionable (in) <her claims for \nphysical injury sound in tort, not in contract>. 2. To be \nrecoverable (in) <his tort action sounds in damages, not \nin equitable relief>. \nsound health. Insurance. 1. A policy applicant's good \nmental and physical condition; a state of health char\nacterized by a lack ofgrave impairment or disease, or \nof any ailment that seriously affects the applicant's \nhealth. [Cases: Insurance (,':::J 1758,3003(8).] 2. GOOD \nHEALTH. \nsound mind. 1. MIND (2). 2. See testamentary capacity \nunder CAPACITY (3). \nSound Recording Amendment of 1972. A Copyright \nAct of 1909 amendment that established copyright pro\ntection for sound recordings. [Cases: Copyrights and \nIntellectual Property C=> 10.2.] \nsource, n. The originator or primary agent of an act, \ncircumstance, or result <she was the source of the \n\n1523 \ninformation> <the side business was the source of \nincome>. \nsource code. Copyright. The nonmachine language used \nby a computer programmer to create a program. _ If \nit is not included with the software sol d to the public, I \nsource code is protected by trade secret laws as well as \ncopyright and patent laws. Source code may be depos- I \nited with the U.S. Copyright Office but, because ofthe ' \nneed to protect a trade secret, and because a skilled pro- I \ngrammer could figure out how to duplicate the source \ncode's functions without necessarily copying it, strate\ngic parts may be blacked out. Cf. OBJECT CODE. [Cases: \nCopyrights and Intellectual Property~ 10.4.] \nsource oflaw. (1892) Something (such as a constitution, \ntreaty, statute, or custom) that provides authority for \nlegislation and for judicial decisions; a point of origin \nfor law or legal analysis. -Also termed fons juris. \n\"The term 'sources of law' is ordinarily used in a much \nnarrower sense than will be attributed to it here. In the \nliterature of jurisprudence the problem of 'sources' i \nrelates to the question: Where does the judge obtain the I \nrules by which to decide cases? In this sense, among the \nsources of law will be commonly listed: statutes, judicial \nprecedents, custom, the opinion of experts, morality, and I \nequity. In the usual discussions these various sources of \nlaw are analyzed and some attempt is made to state the \nconditions under which each can appropriately be drawn \nupon in the decision of legal controverSies. Curiously, \nwhen a legislature is enacting law we do not talk about \nthe 'sources' from which it derives its decision as to what \nthe law shall be, though an analysis in these terms might \nbe more enlightening than one directed toward the more \nrestricted function performed by judges. Our concern \nhere will be with 'sources' in a much broader sense than \nis usual in the literature ofjurisprudence, Our interest is \nnot so much in sources of laws, as in sources of law. From \nwhence does the law generally draw not only its content \nbut its force in men's lives?\" Lon L. Fuller, Anatomy of the \nLaw69 (1968). \n\"In the context of legal research, the term 'sources of law' \ncan refer to three different concepts which should be dis\ntinguished. One, sources of law can refer to the origins \nof legal concepts and ideas ... ' Two, sources of law can \nrefer to governmental institutions that formulate legal \nrules, .. , Three, sources of law can refer to the published \nmanifestations of the law. The books, computer databases, \nmicroforms, optical disks, and other media that contain \nlegal information are all sources of law.\" j. Myronjacobstein \n&Roy M. Mersky, Fundamentals ofLegal Research 1-2 (5th \ned. 1990). \nSouth Eastern Reporter. A set ofregionallawbooks, part \nofthe West Group's National Reporter System, contain\ning every published appellate decision from Georgia, \nNorth Carolina, South Carolina, Virginia, and West \nVirginia, from 1887 to date. -The first series ran from \n1887 to 1939; the second series is the current one. \nAbbr. S.E.; S.E.2d. \nSouthern Common Market. See Mercosur. \nSouthern Reporter. A set of regionallawbooks, part of \nthe West Group's National Reporter System, contain\ning every published appellate decision from Alabama, \nFlorida, Louisiana, and MiSSissippi, from 1887 to date. \n The first series ran from 1887 to 1941; the second \nseries is the current one. -Abbr. So.; So.2d. sovereign state \nSouth Western Reporter. A set of regionallawbooks, \npart of the West Group's National Reporter System, \ncontaining every published appellate decision from \nArkansas, Kentucky, Missouri, Tennessee, and Texas, \nfrom 1886 to date. -The first series ran from 1886 to \n1928; the second series ran until 1999; the third series \nis the current one. Abbr. S.W.; S.W.2d.; SW.3d. \nsovereign, adj. (Of a state) characteristic of or endowed \nwith supreme authority <sovereign nation> <sovereign \nimmunity>. \nsovereign, n. (Be) 1. A person, body, or state vested with \nindependent and supreme authority. 2. The ruler of an \nindependent state. -Also spelled sovran. See SOVER\nEIGNTY. \nsovereign equality. Int'l Jaw. The principle that nations \nhave the right to enjoy territorial integrity and political \nindependence, free from intervention by other nations, . \n The United Nations \"is based on the principle ofthe \nsovereign equality ofall its Members.\" UN Charter art. \n2, ~ 1. [Cases: International Law C::;10.45(1).] \nsovereign immunity. See IMMUNITY (1). \nsovereign people. (17c) The political body consisting of \nthe collective number ofcitizens and qualified electors \nwho possess the powers of sovereignty and exercise \nthem through their chosen representatives. \nsovereign political power. See POLITICAL POWER. \nsovereign power. (ISc) 1. The power to make and enforce \nlaws. 2. See sovereign political power under POLITICAL \nPOWER. \nsovereign right. (16c) A unique right possessed by a state \nor its agencies that enables it to carry out its official \nfunctions for the public benefit, as distinguished from \ncertain proprietary rights that it may possess like any \nother private person. [Cases: States ~21.] \nsovereign state. (17c) 1. A state that possesses an inde\npendent existence, being complete in itself, without \nbeing merely part of a larger whole to whose govern\nment it is subject. 2. A political community whose \nmembers are bound together by the tie of common \nsubjection to some central authority, whose commands \nthose members must obey. Also termed independent \nstate. Cf. client state, nonsovereign state under STATE. \n[Cases: International Law ~3.] \n\"The essence of statehood is sovereignty. the principle that \neach nation answers only to its own domestic order and is \nnot accountable to a larger international community, save \nonly to the extent it has consented to do so. Sovereign \nstates are thus conceived as hermetically sealed units, \natoms that spin around an international orbit, sometimes \ncolliding, sometimes cooperating, but always separate and \napart.\" David j. Bederman, International Law Frameworks \n50 (2001). \npart-sovereign state. A political community in which \npart of the powers of external sovereignty are exer\ncised by the home government, and part are vested in \nor controlled by some other political body or bodies. \n-Such a state is not fully independent because by \nthe conditions of its existence it is not allowed full \nfreedom ofaction in external affairs. \n\n1524 sovereignty \nsovereignty (sahv-[;}- Jrin-tee). (l8c) 1. Supreme \ndominion, authority, or rule. [Cases: International \nLawC:=>8.] \npopular sovereignty. A system ofgovernment in which \npolicy choices reflect the preferences of the majority \nofcitizens. \nstate sovereignty. See STATE SOVEREIGNTY. \n2. The supreme political authority of an independent \nstate. 3. 'Ibe state itself. \n\"It is well to [distinguish] the senses in which the word \nSovereignty is used. In the ordinary popular sense it means \nSupremacy, the right to demand obedience. Although the \nidea of actual power is not absent, the prominent idea is \nthat of some sort of title to exercise control. An ordinary \nlayman would call that person (or body of persons) Sov \nereign in a State who is obeyed because he is acknowl\nedged to stand at the top, whose will must be expected to \nprevail, who can get his own way, and make others go his, \nbecause such is the practice of the country. EtymologICally \nthe word of course means merely superiority, and familiar \nusage applies it in monarchies to the monarch. because he \nstands first in the State, be his real power great or small.\" \nJames Bryce, Studies in Historv and Jurisprudence 504-05 \n(1901). \nexternal sovereignty. The power of dealing on a nation's \nbehalf with other national governments. \ninternal sovereignty. lhe power enjoyed by a govern\nmental entity ofa sovereign state, including affairs \nwithin its own territory and powers related to the \nexercise of external sovereignty. \nsovran. See SOVEREIGN. \nSOW. Abbr. STATEMENT OF WORK. \ns.p. abbr. 1. SINE PROLE. 2. Same principle; same point. \n-This notation, when inserted between two citations, \nindicates that the second involves the same principles \nas the first. \nspace arbitrage. See ARBITRAGE. \nspace charter. See CHARTER (8). \nspacial jurisdiction. See JURISDICTION. \nspado (spay-doh), n. [Latin] Roman law. 1. A eunuch. 2. \nOne who is incapable ofsexual intercourse by reason \nof impotence. PI. spadones (spd-doh-neez). \nspam. Unsolicited commercial e-mail. [Cases:"}
{"text": ". spadones (spd-doh-neez). \nspam. Unsolicited commercial e-mail. [Cases: Telecom\nmunications (;:;1343.] \nsparsim (spahr-sim). [Latin] Rist. Scattered; here and \nthere. -This term was used in several situations for \nexample, when an action to recover for waste not only \nwhen the injury was complete, but also when the injury \nwas partial or scattered. \n\"And if waste be done sparsim. or here and there, allover \na wood, the whole wood shall be recovered; or if in several \nrooms of a house, the whole house shall be forfeited: \nbecause it is impracticable for the reversioner to enjoy only \nthe identical places wasted, when lying interspersed with \nthe other. But if waste be done only in one end of a wood \n(or perhaps in one room of a house) if that can be conve \nniently separated from the rest, that part only is the locus \nvastatus, or thing wasted, and that only shall be forfeited \nto the reversioner.\" 2 William Blackstone, Commentaries on \nthe Laws of England 28384 (1766). spatae placitum (spay-tee plas-;:Hdm), n. [Latin \"the plea \nof the sword] Hist. During the reign of Henry II, a court \nproviding swift justice in military matters. \nSPD. abbr. SUMMARY PLAN DESCRIPTION. \nSPDA. See single-premium deferred annuity under \nANNUITY. \nSPE. abbr. SPECIAL-PURPOSE ENTITY. \nspeaker. 1. One who speaks or makes a speech <the \nslander claim was viable only against the speaker>. 2. \nThe preSiding officer of a large deliberative assembly, \nesp. a legislature's more numerous house, such as the \nHouse of Representatives <Speaker ofthe House>. See \nCHAIR (1). [Cases: United States <;::>7.1.] \nspeaking a vessel. Maritime law. A pilot's offer of \nservices. \nspeaking demurrer. See DEMURRER. \nspeaking motion. See MOTION (1). \nspeaking objection. See OBJECTION. \nspeaking statute. See STATUTE. \nspec. abbr. SPECIFICATION. \nspecial, adj. (l3c) 1. Of, relating to, or designating a \nspecies, kind, or individual thing. 2. (Of a statute, rule, \ndeSigned for a particular purpose. 3. (Of powers, \netc.) unusual; extraordinary. \nspecial acceptance. See ACCEPTANCE (4). \nspecial act. See special law under LAW. \nspeciaJ administration. See ADMINISTRATION. \nspecial administrator. See ADMINISTRATOR (2). \nspecial advocate. See guardian ad litem under \nGUARDIAN. \nspecial agency. See AGENCY (1). \nspecial agent. 1. See AGENT (2). 2. See INSURANCE \nAGENT. \nspecial agreement. See ad hoc compromis under COM\nPROMIS. \nspecial allocatur. See ALLOCATUR. \nspecial allowance. See ALLOWANCE (4). \nspecial appearance. See APPEARANCE. \nspecial assessment. See ASSESSMENT. \nspecial-assessment bond. See special-tax bond under \nBOND (3). \nSpecial Assistant to the United States Attorney. See \nUNITED STATES ATTORNEY. \nspecial assumpsit. See ASSUMPSIT. \nspecial attorney. See special counsel under COUNSEL. \nspecial authority. See AUTHORITY (1). \nspecial bail. See bail to the action under BAIL (4). \nspecial bailiff. See BAILIFF. \nspecial benefit. See BENEFIT. \nspecial calendar. See CALENDAR (2). \nspecial case. See case reserved (I) under CASE. \n\n1525 \nspecial charge. 1. See special instruction under JURY \nI!'ISTRUCTION. 2. See CHARGE. \nspecial charter. See CHARTER (3). \nspecial circumstances. See exigent circumstances under \nCIRCUMSTANCE. \nspecial-circumstances rule. See SPECIAL-FACTS RULE. \nspecial committee. See COMMITTEE. \nspecial contract. See CONTRACT. \nspecial-contract debt. See DEBT. \nspecial counsel. See COUNSEL. \nspecial count. See COUNT. \nspecial court-martial. See COURT-MARTIAL. \nspecial covenant against encumbrances. See COVENANT \n(4). \nspecial custom. See local custom under CUSTOM. \nspecial damages. See DAMAGES. \nspecial demurrer. See DEMURRER. \nspecial deposit. See DEPOSIT (2). \nspecial deputy. See DEPUTY. \nspecial-design property. See special-purpose property \nunder PROPERTY. \nspecial deterrence. See DETERRENCE. \nspecial diligence. See DILIGENCE. \nspecial district. See DISTRICT. \nspecial dividend. See extraordinary dividend under \nDIVIDE!'ID. \nspecial-duty doctrine. (1980) Torts. The rule that a gov\nernmental entity (such as a state or municipality) can \nbe held liable for an individual plaintiff's injury when \nthe entity owed a duty to the plaintiff but not to the \ngeneral public. _ This is an exception to the public-duty \ndoctrine. The special-duty doctrine applies only when \nthe plaintiff has reasonably relied on the governmental \nentity's assumption of the duty. Also termed special\nduty exception. See PUBLIC-DUTY DOCTRI!'IE. [Cases; \nMunicipal Corporations C=>723.] \nspecial-duty exception. 1. SPECIAL-DUTY DOCTRINE. 2. \nSPECIAL-ERRAND DOCTRINE. \nspecial election. See ELECTION (3). \nspecial employee. See borrowed employee under \nEMPLOYEE. \nspecial employer. See EMPLOYER. \nspecial-errand doctrine. The principle that workers' \ncompensation covers an employee's injuries occur\nring while the employee is on a journey or special duty \nfor the employer away from the workplace. -This is \nan exception to the general rule that an employee is \nnot covered for injuries occurring away from work. \nAlso termed special-duty exception; special-mission \nexception. See GOING-AND-COMING RULE. Cf. SPECIAL\nHAZARD RULE. [Cases: Workers' Compensation \n71S,723.] special interrogatory \nspecial exception. 1. A party's objection to the form \nrather than the substance of an opponent's claim, \nsuch as an objection for vagueness or ambiguity. See \nDEMURRER. Cf. general exception (1) under EXCEPTION \n(1). [Cases: Pleading C=>22S.14.] 2. An allowance in \na zoning ordinance for special uses that are consid\nered essential and are not fundamentally incompatible \nwith the original zoning regulations. -Also termed \n(in sense 2) conditional use; special use. Cf. VARIANCE \n(2). [Cases; Zoning and Planning C=>481.] \nspecial execution. See EXECUTION. \nspecial executor. See EXECUTOR. \nspecial-facts rule. Corporations. The principle that \na director or officer has a fiduciary duty to disclose \nmaterial inside information to a shareholder when \nengaging in a stock transaction under special cir\ncumstances, as when the shareholder lacks business \nacumen, the shares are closely held with no readily \nascertainable market value, or the director or officer \ninstigated the transaction. -1his is an exception to the \n\"majority rule.\" Also termed special-circumstances \nrule. Cf. MAJORITY RULE (2). [Cases: Corporations \n316(3).] \nspecial finding. See FINDING OF FACT. \nspecial-form drawing. See DRAWING. \nspecial franchise. See FRANCHISE (2). \nspecial grand jury. See GRAND JURY. \nspecial guaranty. See GUARANTY. \nspecial guardian. See GUARDIAN. \nspecial-hazard rule. The principle that workers' compen\nsation covers an employee for injuries received while \ntraveling to or from work if the route used contains \nunique risks or hazards and is not ordinarily used by \nthe public except in dealing with the employer. -This is \nan exception to the general rule that an employee is not \ncovered for injuries occurring during the employee's \ncommute. See GOING-AND-COMING RULE. Cf. SPECIAL\nERRAND DOCTRINE. [Cases: Workers' Compensation \nC=>719-755.] \nspecial housing unit. A block of cells used to house \ninmates who have been separated from the general \nprison population, usu. for disciplinary purposes but \nsometimes for safety reasons. -Inmates in special \nhousing units typically have fewer privileges than other \ninmates. -Abbr. SHU. [Cases; Prisons C=> 13(5).] \nspecial imparlance. See IMPARLANCE. \nspecial indorsement. See INDORSEMENT. \nspecial injunction. See INJUNCTION. \nspecial instruction. See JURY INSTRUCTION. \nspecial-interest group. An organization that seeks to \ninfluence legislation or government policy in favor of \na particular interest or issue, esp. by lobbying. Also \ntermed special interest. \nspecial interrogatory. See INTERROGATORY. \n\nspecial issue. 1. See ISSUE (1). 2. See special interrogatory \nunder INTERROGATORY. \nspecialist. 1. A lawyer who has been board-certified in a \nspecific field oflaw. See BOARD OF LEGAL SPECIALIZA\nTION. 2. Securities. A securities-exchange member who \nmakes a market in one or more listed securities . The \nexchange assigns securities to various specialists and \nexpects them to maintain a fair and orderly market \nas provided by SEC standards. [Cases: Exchanges \n10.10.] \nspecial judge. See JUDGE. \nspecial jurisdiction. See limited jurisdiction under JURIS\nDICTION. \nspecial jury. See JURY. \nspecial law. See LAW. \nspecial legacy. See specific legacy under LEGACY. \nspecial letter ofcredit. See LETTER OF CREDIT. \nspecial lien. See particular lien under LIEN. \nspecial limitation. See LIMITATION. \nspecial litigation committee. Corporations. A com\nmittee of independent corporate directors assigned \nto investigate the merits of a shareholder derivative \nsuit and, if appropriate, to recommend maintaining \nor dismissing the suit. -Abbr. SLC. -Also termed \nindependent investigation committee; authorized com\nmittee. See DERIVATIVE ACTION. [Cases: Corporations \nC=>206(l).] \nspecially accredited agent. See AGENT (2). \nspecial malice. See particular malice under MALICE. \nspecial master. 1. MASTER. 2. See judicial officer (3) \nunder OFFICER. \nspecial matter. See MATTER. \nspecial meaning. See SECONDARY MEANING. \nspecial meeting. See MEETING. \nspecial message. See MESSAGE. \nspecial-mission exception. See SPECIAL-ERRAND DOC\nTRINE. \nspecial mortgage. See MORTGAGE. \nspecial motion. See MOTION (1). \nspecial-needs analysis. (1989) Criminal procedure. A \nbalancing test used by the Supreme Court to determine \nwhether certain searches (such as administrative, civil\nbased, or public-safety searches) impose unreasonably \non individual rights. [Cases: Searches and Seizures C=> \n24.] \nspecial-needs child. See CHILD. \nspecial-needs trust. See supplemental-needs trust under \nTRUST. \nspecial non est factum. See NON EST FACTUM. \nspecial occupant. See OCCUPANT. \nspecial offering. See OFFERING. \nspecial order. See ORDER (4). special-order agenda. See special-order calendar under \nCALENDAR (4). \nspecial-order calendar. See CALENDAR (4). \nspecial owner. See OWNER. \nspecial partner. See limited partner under PARTNER. \nspecial partnership. See PARTNERSHIP. \nspecial permit. See SPECIAL-USE PERMIT. \nspecial plea. See PLEA (3). \nspecial pleader. See PLEADER. \nspecial pleading. (17c) 1. The common-law system of \npleading that required the parties to exchange a series \nof court papers (such as replications, rebutters, and sur\nrebutters) setting out their contentions in accordance \nwith hypertechnical rules before a case could be tried. \n Often, therefore, cases were decided on points of \npleading and not on the merits. [Cases: Pleading \n1.] 2. The art of drafting pleadings under this system. \n3. An instance of drafting such a pleading. 4. A respon\nsive pleading that does more than merely deny alle\ngations, as by introducing new matter to justify an \notherwise blameworthy act. 5. An argument that is \nunfairly slanted toward the speaker's viewpoint because \nit omits unfavorable facts or authorities and develops \nonly favorable ones. \nspecial plea in bar. See PLEA IN BAR. \nspecial plea in error. At common law, a plea alleging \nsome extraneous matter as a ground for defeating a \nwrit oferror (such as a release or expiration ofthe time \nwithin which error can be brought), to which the plain\ntiff in error must reply or demur. \nspecial power. 1. See POWER (3). 2. See limited power of \nappointment under POWER OF APPOINTMENT. \nspecial power of appOintment. See limited power of \nappOintment under POWER OF APPOINTMENT. \nspecial power ofattorney. See POWER OF ATTORNEY. \nspecial prayer. See PRAYER FOR RELIEF. \nspecial privilege. See PRIVILEGE (1). \nspecial proceeding. See PROCEEDING. \nspecial property. See PROPERTY. \nspecial prosecutor. See PROSECUTOR. \nspecial-purpose entity. A business established to \nperform no function other than to develop, own, and \noperate a large, complex project (usu. called a single\npurpose project), esp. so as to limit the number ofcredi\ntors claiming against the project. - A special-purpose \nentity provides additional protection for project \nlenders, which are usu. paid only out of the money gen\nerated by the entity's business, because there will be \nfewer competing claims for that money and because the \nentity will be less likely to be forced into bankruptcy. A \nspecial-purpose entity will sometimes issue securities \ninstead ofjust receiving a direct loan. -Abbr. SPE. \nAlso termed"}
{"text": "purpose entity will sometimes issue securities \ninstead ofjust receiving a direct loan. -Abbr. SPE. \nAlso termed special-purpose vehicle (SPV). See BANK\nRUPTCY-REMOTE ENTITY; SINGLE-PURPOSE PROJECT; \nproject financing under FINANCING. \n\n1527 species \nspecial-purpose property. See PROPERTY. \nspecial-purpose vehicle. See SPECIAL-PURPOSE ENTITY. \nspecial reference. See REFERENCE. \nspecial registration. See REGISTRATION (1). \nspecial relationship. See RELATIONSHIP. \nspecial-relationship doctrine. (1981) The theory that ifa \nstate has assumed control over an individual sufficient \nto trigger an affirmative duty to protect that individual \n(as in an involuntary hospitalization or custody), then \nthe state may be liable for the harm inflicted on the \nindividual by a third party. This is an exception to \nthe general principle prohibiting members ofthe public \nfrom suing state employees for failing to protect them \nfrom third parties. Also termed special-relationship \nexception. Cf. DANGER-CREATION DOCTRINE. [Cases: \nStates ~112.2(2).] \nspecial relief. Copyright. A variance from a formal \nrequirement for copyright registration or deposit \ngranted by the U.S. Copyright Office when an applicant \nshows a good reason for the variance. [Cases: Copy\nrights and Intellectual Property ~50.20.] \nspecial replication. See REPLICATION. \nspecial reprisal. See REPRISAL. \nspecial retainer. See RETAINER. \nspecial retention. See RETENTION. \nspecial rule. 1. A rule applicable to a particular case \nor circumstance only. See RULE (1). 2. A deliberative \nassembly's rule that supplements or supersedes its par\nliamentary authority. See PARLIAMENTARY AUTHORITY. \n3. A rule that applies only to a particular matter, such as \na specific bill. In senses 2 & 3, see RULE (2), (3). \nspecials. See special damages under DAMAGES. \nspecial-sensitivity rule. See EGGSHELL-SKULL RULE. \nspecial session. See SESSION (1). \nspecial setting. See SETTING. \nspecial statute. See STATUTE. \nspecial stock. See STOCK. \nspecial tail. See tail special under TAIL. \nspecial tax. See TAX. \nspecial-tax bond. See BOND (3). \nspecial term. See TERM (5). \nSpecial 301. Intellectual property. A provision of the \nOmnibus Trade and Competitiveness Act of 1988 \ndirecting the U.S. Trade Representative to report \nannually on countries that do not provide adequate and \neffective protection against the pirating ofgoods pro\ntected by U.S. intellectual-property rights . Countries \nthat fail the annual audit are put on a watch list and \nmay face trade sanctions. 19 USCA  2411 et seq. \nspecial traverse. See TRAVERSE. \nspecial trial setting. See special setting under SETTING. \nspecial truce. See TRUCE. \nspecial trust. See active trust under TRUST. specialty. 1. See contract under seal under CONTRACT. 2. \nDOCTRINE OF SPECIALTY. 3. Eminent domain. Unique \nproperty (such as a church or cemetery) that is essen\ntially not marketable, so that its value for condemnation \npurposes is determined by measuring the property's \nreproduction cost less any depreciation. Also termed \n(in sense 3) specialty property. [Cases: Eminent Domain \nC-~\\134.] \nspecialty bar. See BAR. \nspecialty contract. See contract under seal under \nCONTRACT. \nspecialty creditor. See CREDITOR. \nspecialty debt. See special-contract debt under DEBT. \nspecialty doctrine. See DOCTRINE OF SPECIALTY. \nspecialty property. See SPECIALTY (3). \nspecial use. See SPECIAL EXCEPTION (2). \nspecial-use permit. A zoning board's authorization \nto use property in a way that is identified as a special \nexception in a zoning ordinance . Unlike a variance, \nwhich is an authorized violation ofa zoning ordinance, \na special-use permit is a permitted exception. -Abbr. \nSUP. -Also termed conditional-use permit; special \npermit. See SPECIAL EXCEPTION (2). Cf. VARIANCE (2). \n[Cases: Zoning and Planning ~371, 483.] \nspecial-use valuation. See VALUATION. \nspecial venire. See VENIRE. \nspecial verdict. See VERDICT. \nspecial warranty. See WARRANTY (1). \nspecial warranty deed. See DEED. \nspecie (spee-shee). See IN SPECIE. \nspecies (spee-sheez). 1. A taxonomic class oforganisms \nuniquely distinguished from other classes by shared \ncharacteristics and usu. by an inability to interbreed \nwith members ofother classes. \ncandidate species. Environmental law. Plants and \nanimals identified by the Fish and Wildlife Service \nor National Marine Fisheries Service as potentially \nendangered or threatened but not of high enough \npriority to develop a proposed listing regulation under \nthe Endangered Species Act.  Candidate species are \nnot protected by federal law. -Also termed listed \nspecies. \nendangered species. A species in danger ofbecoming \nextinct; esp., under federal law, a species that is in \ndanger of extinction throughout all or a significant \npart ofits range . Federal law excludes from the defi\nnition a species ofthe class Insecta ifthe Environmen\ntal Protection Agency determines that it constitutes \na pest whose protection would present a Significant \nrisk to the human population. 50 CFR  81. [Cases: \nEnvironmental Law ~~528.1 \nlisted species. See candidate species. \nthreatened species. A species that, within the foresee\nable future, is likely to become an endangered species \nthroughout all or a Significant part of its range. 16 \n\nUSCA  1532(20). [Cases: Environmental Law \n528.] \n2. A spedfic class or kind of thing within a larger, \ngeneral class . For example, tort refers to a general \nclass or genus. Slander refers to a specific kind of tort. \nCf. GENUS. 3. Patents. An element, usu. one of several \nmutually exclusive alternatives, that may be used in an \ninvention to achieve a desired result <magnetic metals, \nincluding iron and steel> . Species may be structures, \nsteps, parts, compounds, and so on. \nultimate species. A species that has been fully and \nnarrowly defined. For example, a species may \nbe defined generally as \"magnetic metals, includ\ning iron and steeL\" or particularly, such as \"sodium \nchloride.\" \nspecies claim. See PATENT CLAIM. \nspecies facti (spee-shee-eez or spee-sheez fak-tI). [Latin] \nScots law. The particular character of the thing done. \n The phrase appeared in reference to the specific \ncriminal act or civil wrong alleged. \nspecific, adj. 1. Of, relating to, or designating a particu\nlar or defined thing; explicit <specific duties>. 2. Ofor \nrelating to a particular named thing <specific item>. \n3. Conformable to special requirements <specific per\nformance>. -specificity (spes-<>-fis-i-tee), n. spe\ncifically, adv. \nspecific appropriation. See APPROPRIATION (2). \nspecificatio (spes-<>-fi-kay-shee-oh), n. [Latin fro species \n\"form\" +facere \"to make\"] Roman & civil law. L A \ngiving of form to materials; the process of making \nsomething new from existing property. 2. A mode of \nacquisition by which a person makes something new \nfrom existing material (for example, wine from grapes \nor a ship from timber). See ACCESSION (4). PI. specifi\ncationes. \n\"Specificatio. This may be described as acquisition of a \nnew thing by making it, out of materials wholly or partly \nbelonging to another person. We shall deal only with the \ncase in which the materials are wholly another's. There \nwas in classical law a conflict of opinion on this topic, , . , \nJustinian tells us that there had been a media sententia \naccording to which it belonged to the maker if (I) it was \nirreducible to its former state, and (ii) it really was a nova \nspeCies. where species means thing, And this view he \nadopts as law.\" w.w. Buckland, A Manual of Roman Private \nLaw 143 (2d ed, 1953), \nspecification. (I7c) 1. The act ofmaking a detailed state\nment, esp. of the measurements, quality, materials, or \nother items to be provided under a contract. [Cases: \nContracts 199(1).] 2. The statement so made. 3. \nPatents. 'The part of a patent application describing how \nan invention is made and used, the best mode ofopera\ntion of the claimed invention, and the inventor's claims. \n The specification must be clear and complete enough \nto enable a person of ordinary skill in the art to make \nand use the invention. It must also disclose the best \nmode ofworking the invention. The term may also refer \nto the description as separate from the claims. Abbr. \nspec. Cf. PATENT CLAIM. [Cases: Patents ~-:::>99.] \"The specification and claims of a patent, particularly ifthe \nInvention be at all complicated, constitute one of the most \ndifficult legal instruments to draw with accuracy; and, in \nview of the fact that valuable inventions are often placed in \nthe hands of inexperienced persons to prepare such speci' \nfications and claims, it is no matter of surprise that the \nlatter frequently fail to describe with requisite certainty the \nexact invention of the patentee, and err either in claiming \nthat which the patentee had not in fact invented, or in \nomitting some element which was a valuable or essential \npart of his actual invention,\" Topliff v. Topliff. 145 U.S. 156, \n170,12 S.Ct. 825, 831 (1892). \nsubstitute specification. A patent specification that \nis rewritten (1) to include amendments made to the \nspecification after filing; (2) to replace an illegible \nor unreadable original; or (3) to prepare the papers \nfor printing. A substitute specification must be \naccompanied by a statement that it contains no new \nmatter, and by a copy showing what has been added \nand deleted since the original specification. Substitute \nspecifications are allowed under 37 CFR 1.125. Also \ntermed rewritten specification. [Cases: Patents \n109.] \n4. A statement of charges against one who is accused \nof an offense, esp. a military offense. [Cases: Military \nJustice C:::950-971.] \n\"A charge sets forth an offense that is, a particular \nkind of act or conduct that the governing rules define as \nentailing liability to prescribed penalties -of which the \naccused is alleged to be guilty. A specification states what \nthe accused is alleged to have done which, if true, consti\ntutes an instance of the offense indicated in the charge. An \naccused must be found guilty of a charge before a penalty \ncan be imposed.\" Henry M. Robert. Robert's Rules ofOrder \nNewly Revised  61, at 636 (10th ed. 2002), \n5. The acquisition of title to materials belonging to \nanother person by converting those materials into a \nnew and different form, as by changing grapes into \nwine, lumber into shelving, or corn into liquor . The \neffect is that the original owner of the materials loses \nthe property rights in them and is left with a right of \naction for their original value. -Abbr. spec. \nspecific bequest. See BEQUEST. \nspecific denial. See DENIAL. \nspecific deposit. See special deposit under DEPOSIT (2). \nspecific devise. See DEVISE. \nspecific duty. See DUTY (4). \nspecific enforcement. See primary right under RIGHT. \nspecific example. See EXAMPLE. \nspecific guaranty. See GUARANTY. \nspecific intent. See INTENT (1). \nspecific-intent defense. Criminal law. A defendant's \nclaim that he or she did not have the capacity (often \nsupposedly because of intoxication or mental illness) \nto form the intent necessary for committing the crime \nalleged. lCases: Criminal Law ~48-51, 55.] \nspecific jurisdiction. See JURISDICTION. \nspecific legacy. See LEGACY. \nspecific legatee. See LEGATEE. \n\n1529 speech \nspecific lien. See LIEN. \nspecific main motion. See incidental main motion under \nMOTION (2). \nspecific objection. See OBTECTION. \nspecific performance. (I8c) The rendering, as nearly \nas practicable, of a promised performance through a \njudgment or decree; specif., a court-ordered remedy \nthat requires precise fulfillment of a legal or contrac\ntual obligation when monetary damages are inappro\npriate or inadequate, as when the sale of real estate or \na rare article is involved . Specific performance is an \nequitable remedy that lies within the court's discretion \nto award whenever the common-law remedy is insuf\nficient, either because damages would be inadequate \nor because the damages could not pOSSibly be estab\nlished. -Also termed specific relief [Cases: Specific \nPerformance (;::c 1.] \n\"In essence, the remedy of specific performance enforces \nthe execution of a contract according to its terms, and it \nmay therefore be contrasted with the remedy of damages, \nwhich is compensation for non-execution. In specific per\nformance, execution of the contract is enforced by the \npower of the Court to treat disobedience of its decree as \ncontempt, for which the offender may be imprisoned until \nhe IS prepared to comply with the decree. Actually, ... it is \nnot strictly accurate to say that the Court enforces execu' \ntion of the contract according to its terms, for the Court \nwill not usually intervene until default upon the contract \nhas occurred, so that enforcement by the Court is later in \ntime than performance carried out by the person bound, \nwithout the intervention of the Court.\" G.W. Keeton, An \nIntroduction to Equity 304 (5th ed. 1961). \nspecific personal jurisdiction. See TURISDICTION. \nspecific policy. See basic-form policy under INSURANCE \nPOLICY. \nspecific-purpose rule. Insurance. The principle that a \nnonowner driver of a vehicle is treated as an omnibus \ninsured under the vehicle owner"}
{"text": ". Insurance. The principle that a \nnonowner driver of a vehicle is treated as an omnibus \ninsured under the vehicle owner's liability coverage only \nifthe driver's actual use ofthe vehicle at the time ofthe \naccident is the exact use that the owner contemplated \nwhen granting permission or consent to the nonowner \ndriver . The time at which the bailment of the vehicle \nwas to expire must not have passed, the place where \nthe vehicle was being used must be as specified or con\ntemplated by the insured, and the use ofthe vehicle \nmust comport with the type of use that the insured had \nin mind when the bailment was created. Otherwise, \nthe permittee's use of the vehicle will be regarded as a \nconversion. -Also termed conversion rule; strict rule. \n[Cases: Insurance C::::>2667.J \nspecific relief. See SPECIFIC PERFORMANCE. \nspecific remedy. See REMEDY. \nspecific tax. See TAX. \nspecific traverse. See common traverse under TRAVERSE. \nspecimen. An actual sample of something; esp., an \nexample of a trademark as it is used in commerce . In \nthe field of trademarks, a specimen typically consists \nof a label, a container, a display, or a photograph of \nthe mark used for selling or advertising the goods or \nservices. [Cases: Trademarks (;::c 1282.] specious, adj. Falsely appearing to be true, accurate, or \njust <specious argument>. \nspectrograph. (1884) An electromagnetic machine that \nanalyzes sound, esp. a human voice, by separating and \nmapping it into elements offrequency, time lapse, and \nintensity (represented by a series of horizontal and \nvertical bar lines) to produce a final voiceprint. See \nVOICEPRINT. [Cases: Criminal Law (;::c339.6, 388.2.] \nspeculation, 11. (l4c) 1. The buying or selling of some\nthing with the expectation of profiting from price \nfluctuations <he engaged in speculation in the stock \nmarket>. 2. The act or practice of theorizing about \nmatters over which there is no certain knowledge <the \npublic's speculation about the assassination oOohn F. \nKennedy>. speculate, vb. -speCUlative, adj. \nspeculative damages. See DAMAGES. \nspeculative risk. See RISK. \nspeculative security. See SECURITY. \nspeculator. A knowledgeable, aggressive investor who \ntrades securities to profit from fluctuating market \nprices. \nspeech. (bef. 12c) 1. The expression or communication \nof thoughts or opinions in spoken words; something \nspoken or uttered. See FREEDOM OF SPEECH. [Cases: \nConstitutional Law (;::c1492.] \ncommercial speech. (1963) Communication (such as \nadvertising and marketing) that involves only the \ncommercial interests ofthe speaker and the audience, \nand is therefore afforded lesser First Amendment pro\ntection than social, political, or religiOUS speech. Cf. \npure speech. [Cases: Constitutional Law C::~) 1535\n1541.1 \ncorporate speech. (1959) Speech deriving from a cor\nporation and protected under the First Amendment. \n It does not lose protected status simply because of \nits corporate source. \nhate speech. (1988) Speech that carries no meaning \nother than the expression of hatred for some group, \nsuch as a particular race, esp. in circumstances \nin which the communication is likely to provoke \nviolence. Cf. hate crime under CRIME; group libel \nunder LIBEL. [Cases: Civil Rights 1808; Consti\ntutional Law (;::c 1560.] \npure speech. (1943) Words or conduct limited in form \nto what is necessary to convey the idea . This type of \nspeech is given the greatest constitutional protection. \nCf. commercial speech; symbolic speech. \nseditious speech. (1920) Speech advocating the violent \noverthrow of government. See SEDITION. [Cases: Con\nstitutional Law (:::;;, 1580.] \nspeech-plus. See symbolic speech. \nsymbolic speech. (1966) Conduct that expresses \nopinions or thoughts, such as a hunger strike or the \nwearing of a black armband . Symbolic speech does \nnot enjoy the same constitutional protection tbat pure \n\nspeech does. -Also termed speech-plus. Cf. pure \nspeech. [Cases: Constitutional Law C=;90.1(I).] \n2. English law. An opinion delivered by a Law Lord; \nJUDGMENT (2). 3. Parliamentary law. The unit of debate; \nspecif., one statement, usu. subject to a time limit, on \none question by one member. -When finished, the \nspeaker must relinquish the floor and ordinarily cannot \nyield it to another member. \nSpeech Clause. The First Amendment provision that \n\"Congress shall make no law ... abridging the freedom \nof speech.\" U.S. Const. amend I. Also termed \nFreedom ofSpeech Clause. [Cases: Constitutional Law \nC:::) 1490-2304.] \nSpeech or Debate Clause. (1965) The clause of the u.s. \nConstitution giving members of Congress immunity \nfor statements made during debate in either the House \nor the Senate. -This immunity is extended to other \nareas where it is necessary to prevent impairment of \ndeliberations and other legitimate legislative activities, \nsuch as subpoenaing bank records for an investigation. \nU.S. Const. art. I,  6., cl. 1. Also termed Speech and \nDebate Clause. See congressional immunity under \nIMMUNITY (1). [Cases: United States C=>12.] \nspeech-plus. See symbolic speech under SPEECH. \nspeedy execution. See EXECUTION. \nspeedy remedy. See REMEDY. \nspeedy trial. (l8c) Criminal procedure. A trial that the \nprosecution, with reasonable diligence, begins promptly \nand conducts expeditiously. -The Sixth Amendment \nsecures the right to a speedy trial. In deciding whether \nan accused has been deprived of that right, courts gen\nera\u0001ly consider the length ofand reason for the delay, \nand the prejudice to the accused. [Cases: Criminal Law \nC=;577.1-577.16.] \nSpeedy Trial Act of 1974. A federal statute establishing \ntime limits for carrying out the major events (such as \ninformation, indictment, arraignment, and trial com\nmencement) in the prosecution of federal criminal \ncases. 18 USCA  3161-3174. [Cases: Criminal Law \n577.5.] \nspending bill. See appropriations bill under BILL (3). \nspending power. See POWER (3). \nspendthrift, n. One who spends lavishly and wastefully: \na profligate. [Cases: Spendthrifts C=;3.] spendthrift, \nadj. \nspendthrift trust. See TRUST. \nspent bill oflading. See BILL OF LADING. \nspe numerandae pecuniae (spee n[y]oo-mCl-ran-dee pi\nkyoo-nee-ee). [Law Latin] Scots law. In the hope ofthe \nmoney being paid. \n\"So, also, where one delivers a conveyance, which acknowl \nedges receipt of the consideration price, and discharges \nthe disponee, this does not exclude his action for the price, \nif the disponee. on receiving delivery, refuses payment; the \ndisponee is still liable ex dolo, the deed having been deliv \nered spe numerandae pecuniae: John Trayner, Trayner's \nLatin Maxims 582 (4th ed, 1894). sperate (speer-;:Jt), adj. Archaic. (Of a debt) recoverable; \nnot hopeless. -In determining whether a debt could be \ncollected, consideration was formerly given to whether \nthe debt was desperate or sperate. \nspes accrescendi (speez ak-r;:J-sen-dI). [Latin \"hope of \naccrual\"] Hope ofacquiring an extra share ofa legacy \nor inheritance by survival. \nspes obligationis (speez ob-li-gay-shee-oh-nis). [Latin] \nHist. The hope of an obligation yet to emerge. \nspes recuperandi (speez ri-k[y]oo-p;:J-ran-dr). [Latin \n\"hope ofrecovery\"] Hope of recovering a prize, as from \na captured vessel. \nspes succession is (speez sdk-sesh-ee-oh-nis). [Latin \n\"hope ofsuccession\"] Hope of succeeding to a right. \n\"A mere spes successionis must be distinguished from a \ncontingent right. If Matilda has nursed her Invalid friend \nfor thirty years, she may have every hope of succeeding \nto the property, but she has no right.\" George Whitecross \nPaton, A Textbook ofjurisprudence 306 (GW. Paton &David \nP. Derham eds., 4th ed. 1972), \nspes successionis in destinatione (speez s<lk-ses[h)-ee\noh-nis in des-ti-nay-shee-oh-nee). [Law Latin) Hist. \nA hope of succeeding under a destination (that is, an \nappointment by will). \nspes successionis in obligatione (speez s;3k-ses[h]-ee-oh\nnis in ob-li-gay-shee-oh-nee). [Law Latin] Hist. A hope \nofsucceeding to a right under an existing obligation. \nSpielberg doctrine. Labor law. The policy of the National \nLabor Relations Board to defer to an arbitrator's \ndecision regarding a contract dispute if(1) the decision \nis not repugnant to the NLRB, (2) the arbitration pro\nceedings prOVided a hearing as fair as would have been \nprovided before the NLRB, and (3) the contract requires \nbinding arbitration. Spielberg Mfg. Co., 112 NLRB Dec. \n(CCH) 86 (1955). Cf. COLLYER DOCTRINE. \n\"In Spielberg Mfg. Co. (1955), the Board announced its \npolicy of dismissing an unfair labor practice complaint \nin deference to an arbitration award already rendered, \nprovided the arbitral procedures were fair and the award \nwas not repugnant to the policies of the Labor Act .... The \nSupreme Court in several cases cited the Board's deferral \npolicy with approval, noting that the Board has discre\ntion to respect an arbitration award and that arbitration \nof disputes contributes to industrial peace and stability.\" \nRobert A. Gorman, Basic Text on Labor Law: Unionization \nand Collective Bargaining 751 (1976). \nspigurnel (spig-<lr-nel), n. Hist. An early officer ofthe \nChancery, equivalent to the Sealer of the king's writs \nin later times. \nspillover. See EXTERNALITY. \nspillover theory. (1985) The principle that a severance \nmust be granted only when a defendant can show that \na trial with a codefendant would substantially prejudice \nthe defendant's case, as when the jury might wrongly \nuse evidence against the defendant. See BRUTON ERROR. \n[Cases: Criminal Law C=;622.7(8).] \n\"The spillover theory involves the question of whether a \njury's unfavorable impression of a defendant against whom \nthe evidence is properly admitted will influence the way \nthe jurors view a codefendant .. , . The test. , . is whether \nthe jury can keep separate the evidence that is relevant to \n\n1531 sponge tax \neach defendant and render a fair and impartial verdict.\" \n22A C).S. Criminal Law  571, at 190-91 (1989). \nspinning. Securities. The giving of shares or preferred \nopportunities to buy shares in an initial public offering \nto key investment-banking clients in order to solicit or \nretain profitable business in the future. \nspin-off, n. 1. A corporate divestiture in which a division \nofa corporation becomes an independent company and \nstock of the new company is distributed to the corpo\nration's shareholders. [Cases: Corporations (;::::0445.] \n2. The company created by this divestiture. -Also \nwritten spinoff. Cf. SPLIT-OFF; SPLIT-UP. \nspirit of the law. (16c) 1he general meaning or purpose \nof the law, as opposed to its literal content. Cf. LETTER \nOF THE LAW. [Cases: Statutes (;::::0 183.] \nspiritual, adj. Ofor relating to ecclesiastical rather than \nsecular matters <spiritual corporation>. \nspiritual corporation. See CORPORATION. \nspiritual court. See ecclesiastical court under COURT. \nspiritual lord. An archbishop or bishop having a seat in \nthe House of Lords. \nspiritual tenure. See TENURE. \nspiritual-treatment exemption. See FAITH-HEALING \nEXEMPTION. \nspital (spit-;>l). Archaic. A hospital. Also termed \nspittle. \nspite fence. (1901) A fence erected solely to annoy a \nneighbor, as by blocking the neighbor's view or pre\nventing the neighbor from acquiring an easement of \nlight <the court temporarily enjoined the completion \nof the 2S-foot spite fence>. Cf. LAWFUL FENCE. [Cases: \nAdjoining Landowners C::~:10; Fences Nuisance \nC=)3(12).] \nspittle. See SPITAL. \nsplit, vb. 1. To divide (a cause of action) into segments \nor parts. 2. To issue two or more shares for each old \nshare without changing the shareholder's proportional \nownership interest. See STOCK SPLIT; SPLIT-INTEREST \nPURCHASE OF PROPERTY. [Cases: Corporations \n66.] \nsplit custody. See CUSTODY (2). \nsplit-dollar life insurance. See LIFE INSURANCE. \nsplit fund. See dual fund under MUTUAL FUND. \nsplit-funded plan. See EMPLOYEE BENEFIT PLAN. \nsplit gift. See GIFT. \nsplit income. See INCOME. \nsplit-interest purchase of property. An arrangement \nbetween two parties to purchase an asset whereby \none party (often a parent) purchases a life estate and \nthe other party (often a child"}
{"text": "to purchase an asset whereby \none party (often a parent) purchases a life estate and \nthe other party (often a child or grandchild of the life \ntenant) purchases a remainder interest. _ Each party \nto a split pays the actuarial value of the interest pur\nchased. Often shortened to split. -Also termed \njoint-interest purchase. split-interest trust. See charitable-remainder trust under \nTRUST. \nsplit-level statute. See STATUTE. \nsplit-off, n. 1. 'llie creation of a new corporation by an \nexisting corporation that gives its shareholders stock \nin the new corporation in return for their stock in the \noriginal corporation. 2. The corporation created by this \nprocess. -Also written splitoff. Cf. SPIN-OFF; SPLIT\nUP. \nsplit order. See ORDER (8). \nsplit sentence. See SENTENCE. \nsplitting a cause of action. (1850) Separating parts of \na demand and pursuing it piecemeal; presenting only \na part of a claim in one lawsuit, leaving the rest for a \nsecond suit. _ This practice has long been considered \nprocedurally impermissible. [Cases: Action C=S3; \nJudgment (;::::0591.] \nsplit-up, n. The division of a corporation into two or \nmore new corporations. _ The shareholders in the \noriginal corporation typically receive shares in the \nnew corporations, and the original corporation goes \nout ofbusiness. Also written splitup. Cf. SPI~-OFF; \nSPLIT-OFF. \nsplit verdict. See VERDICT. \nspoiled ballot. See BALLOT (2). \nspoils ofwar. See BOOTY (1). \nspoils system. The practice of awarding government \njobs to supporters and friends of the victorious politi\ncal party. Cf. MERIT SYSTEM. [Cases: Officers and Public \nEmployees (;::::025.] \nspoliation (spoh-Iee-ay-sh;>n), n. (18c) 1. The intentional \ndestruction, mutilation, alteration, or concealment of \nevidence, usu. a document. -Ifproved, spoliation may \nbe used to establish that the evidence was unfavor\nable to the party responsible. [Cases: Evidence (;::::078; \nFederal Civil Procedure 1636; Pretrial Procedure \n(;::::0434.] 2. The seizure of personal or real property \nby violent means; the act ofpillaging. 3. 1he taking of \na benetit properly belonging to another. 4. Eccles. law. \nThe wrongful deprivation ofa cleric ofhis benefice. \nspoliate (spoh-Iee-ayt), vb. -spoliator (spoh-Iee-ay\ntar), n. \nspolium (spoh-lee-;>m), n. [Latin \"booty\"] Roman law. \nSomething taken from an enemy in war or plundered \nfrom a fellow-citizen . The plural spolia was more \ncommon than the Singular. \nSpondesnef Spondeo (spon-deez spon-dee-oh). [Latin] \nRoman law. Do you agree to undertake? I undertake. \nThis was the special phrase, available only to citizens, \nthat created a sponsio. See SPONSIO; STIPULA TIO. \nspondet peritiam artis (spon-det p;>-rish-ee-am ahr-tis). \n[Latin \"he guarantees his professional skill\"] Hist. He \npromised to use the skill of his art. -This phrase is used \nin construction contracts to indicate an implied agree\nment to perform in a workmanlike manner. \nsponge tax. See pickup tax under TAX. \n\nsponsalia (spon-say-lee-~), n. [Latin] Rist. 1. A betrothal; \nan engagement to marry. 2. An engagement gift. \nAlso termed stipulatio sponsalitia. \nsponsalia per verba de futuro (spon-say-lee-a p~rv<lr-b~ \ndee f[yJoo-t[y)oor-oh). [Latin \"espousals by words \nabout the future\"] Rist. A promise to marry in the \nfuture. \n\"[AJ promise to marry in the future (sponsalia per verba de \nfuturo) gave rise only to an executory contract of marriage. \nThe regular way of executing the contract was to solem\nnise the marriage, using present words. But the Canon \nlaw acknowledged that it could also be turned into the \nindissoluble bond of present matrimony by physical con\nsummation .... Thus, in the absence of carnal copulation, \nthe validity of a marriage had come to depend on whether \nthe contract was bywords de praesenti or de futuro . ... It \nis hardly surprising that it gave rise to so much wrangling \nand fraud, and that the commonest species of matrimonial \nsuit in the medieval consistory courts was to interpret and \nenforce 'espousals'.\" j.H. Baker, An Introduction to English \nLegal History 546 (3d ed. 1990). \nsponsalia per verba de praesenti (spon-say-Iee-a par \nv<lr-ba dee pri-zen-tr or pree-). Eccles. law. A type of \ninformal marriage that occurred when the parties \nmade an informal agreement to have each other as \nhusband and wife. -This type of informal marriage \nwas based on nothing more than the present consent \nto be married but was entirely valid and would take \nprecedence over a later formal ceremonial marriage \nthat either of the parties attempted to contract with \nsomeone else. \nsponsio (spon-shee-oh), n. [Latin] Roman law. An \nundertaking, available only to citizens, in the form of \nan answer to a question using a solemn form ofwords \nwith religious overtones. -This was the original form \nofstipulation. See STIPULATIO. \nsponsio judicialis (spon-shee-oh joo-dish-ee-ay-lis). \n[Latin] Roman law. A formal promise that the judge is \nentitled to acquire by virtue ofhis office. PI. sponsiones \njudiciales. \nsponsio ludicra (spon-shee-oh loo-di-kra). [Latin \"a \nlaughable promise\")!. Civil law. An informal or illicit \nunderstanding that is not enforceable. 2. Scots law. An \nobligation that a court will not enforce because it does \nnot concern a worthy subject; e.g., a gambling agree\nment. Pi. sponsiones ludicrae. \nsponsion (spon-sh;m), n. [fr. Latin spondere \"to engage\"] \n1. The formal pledge by which a person becomes a \nsurety. 2. Int'llaw. An ultra vires promise ofan official \nagent (such as a general in wartime), requiring later \nratification by the principal. 3. Roman law. A form \nof guarantee accessory to an oral contract. -Only \nRoman citizens could make this type ofguarantee. See \nADPROMISSION (1). sponsional (spon-sh;}n-;}l), adj. \nsponsor. 1. One who acts as a surety for another. 2. A \nlegislator who proposes a bill. 3. Civil law. One who vol\nuntarily intervenes for another without being requested \nto do so. 4. GODPARENT. \nspontaneous abortion. See MISCARRIAGE. \nspontaneous crime. See CRIME. spontaneous declaration. (1840) Evidence. A statement \nthat is made without time to reflect or fabricate and is \nrelated to the circumstances of the perceived occur\nrence. -Also termed spontaneous statement; spontane\nous exclamation; spontaneous utterance. See EXCITED \nUTTERANCE; PRESENT SENSE IMPRESSION. [Cases: \nCriminal Law~363; Evidence~120.] \nsponte (spon-tee). [Latin) Rist. Spontaneously; volun\ntarily. See SUA SPONTE. \nsponte oblata (spon-tee <l-blay-ta). [Latin \"freely offered\") \nRist. A gift to the Crown. \nsports franchise. See FRANCHISE (4). \nsportula (spor-cha-la), n. [Latin] Roman law. 1. A \npresent; a donation, as to the poor. 2. A fee paid to \ncertain officials for performing judicial duties. -Also \ntermed sportella. \nspot, adj. Made, paid, or delivered immediately <a spot \nsale> <spot commodities>. \nspot market. See MARKET. \nspot price. See PRICE. \nspot zoning. See ZONING. \nspousal abuse. See ABUSE. \nspousal allowance. See ALLOWANCE (1). \nspousal consortium. See CONSORTIUM. \nspousal-impoverishment provision. A section of the \nMedicare Catastrophic Coverage Act allOWing the stay\nat-home spouse ofa person residing in a nursing home \nto retain certain assets and some joint income, and to \nearn income without jeopardizing the institutionalized \nspouse's eligibility for Medicaid. _ Before the provi\nsion was enacted in 1988, almost all of a couple's joint \nassets and the noninstitutionalized spouse's income \nhad to go toward the cost of the nursing-home resi\ndent's care before Medicaid provided any support. 42 \nUSCA  1396r-5. [Cases: Health ~471.1 \nspousal labor. Family law. Work by either spouse during \nthe marriage. _ This term is typically used in commu\nnity-property states. \nspousal privilege. See marital privilege under PRIVILEGE \n(3). \nspousal rape. See marital rape under RAPE. \nspousals. Rist. Mutual promises to marry. \nspousal support. See ALIMONY. \nspousal-unity doctrine. Rist. 1. Family law. The com\nmon-law rule that a husband and wife were a legal \nunity. -Under the spousal-unity doctrine, the husband \nhad all rights to the possession, management, control, \nand alienation of property. The wife had no interests \nin property. Also termed doctrine ofspousal unity. \nCf. LEGAL-UNITIES DOCTRINE. See MARRIED WOMEN'S \nPROPERTY ACTS. 2. Tax. The rule that a person and that \nperson's spouse are treated as one. -'Ihis rule has been \nrepealed. -Also termed spousal-unity rule. [Cases: \nInternal Revenue Taxation (;=:3484.] \n\n1533 \nspouse. One's husband or wife by lawful marriage; a \nmarried person. [Cases: Husband and Wife C-=>1.] \ninnocent spouse. (1924) Tax. A spouse who may be \nrelieved ofliability for taxes on income that the other \nspouse did not include on a joint tax return. -The \ninnocent spouse must prove that the other spouse \nomitted the income, that the innocent spouse did not \nknow and had no reason to know of the omission, \nand that it would be unfair under the circumstances \nto hold the innocent spouse liable. [Cases: Internal \nRevenue (;::::3566.1; Taxation C:::>3484.] \nputative spouse. Family law. A spouse who believes in \ngood faith that his or her invalid marriage is legally \nvalid. See putative marriage under MARRIAGE (1). \n[Cases: Marriage ~54.] \nsurviving spouse. A spouse who outlives the other \nspouse. \nspouse-breach. See ADULTERY. \nspray trust. See sprinkle trust under TRUST. \nspread, n. 1. Banking. The difference between the interest \nrate that a financial institution must pay to attract \ndeposits and the rate at which money can be loaned. \n2. Securities. The difference between the highest price \na buyer will pay for a security (the bid price) and the \nlowest price at which a seller will sell a security (the \nasked price). 3. Securities. The simultaneous buying \nand selling of one or more options or futures contracts \non the same security in order to profit from the price \ndifference. 4. In investment banking, the difference \nbetween the price the underwriter pays the issuer of \nthe security and the price the public paid in the initial \noffering. The spread compensates the underwriter for \nits services; it comprises the manager's fee, the under\nwriter's discount, and the selling-group concession \nor discount. Also termed (in sense 4) gross spread; \nunderwriting spread. \nspread eagle. See STRADDLE. \nspreadsheet. A multicolumn worksheet used esp. by \naccountants and auditors to summarize and analyze \nfinancial transactions. \nspread upon the minutes. Parliamentary law. To incor\nporate into the minutes a statement expressing a sen\ntiment, such as a memorial celebrating a deceased \nmember's life. \nspreta auctoritate judicis (spree-td awk-tor-d-tay-tee \njoo-di-sis). [Law Latin] Hist. The authority of the judge \nbeing disregarded. \nspreta inhibitione (spree-td in-hi-bish-ee-oh-nee). [Law \nLatin] Hist. In contempt of an inhibition. \nspringing durable power of attorney. See springing \npower ofattorney under POWER OF ATTORNEY. \nspringing executory interest. See EXECUTORY INTER\nEST. \nspringing power of attorney. See POWER OF ATTORNEY. \nspringing use. See USE (4). \nspring tide. See TIDE. squatter \nsprinkle power. In a sprinkle trust, the trustee's discre\ntion about when and how much of the trust principal \nand income are to be distributed to the beneficiaries. \nSee sprinkle trust under TRUST. \nsprinkle trust. See TRUST. \nspuilzie (spuul-yee), n. Scots law. 1. The wrongful taking \nof corporeal movable property from another's posses\nsion. -This is the Scottish equivalent of common\nlaw conversion. 2. An action to recover wrongfully \ntaken movables, and often for either profits made with \nthem while in the taker's possession or reparations for \nunjust dispossession. -Also spelled spulzie; spulyie. \nspuilzied, adj. \nspurious (spyoor-ee-<ls), ad;. (l6c) 1. Deceptively suggest\ning an erroneous origin; fake <spurious trademarks>. \n2. Ofdoubtful or low quality <spurious goods that fell \napart>. 3. Archaic. Of illegitimate birth <spurious off\nspring>. \nspurious bank bill."}
{"text": "apart>. 3. Archaic. Of illegitimate birth <spurious off\nspring>. \nspurious bank bill. See spurious banknote under \nBANKNOTE. \nspurious banknote. See BANKNOTE. \nspurious class action. See CLASS ACTION. \nspurius (spyuur-ee-;Js), n. [Latin] Roman law. A bastard; \nthe offspring of unlawful intercourse. PI. spurii \n(spyuur-ee-I). See NOTHUS. \nSPY. abbr. Special-purpose vehicle. See SPECIAL-PGR\nPOSE ENTITY. \nspy. One who secretly observes and collects secret infor\nmation or intelligence about what another government \nor company is doing or plans to do; one who commits \nespionage. See ESPIONAGE. \nsqualor carceris (skway-lor kahr-sdr-is). [Law Latin] \nScots law. The strictness of imprisonment. \n\"This term means merely the strictness of imprisonment \nwhich a creditor is entitled to enforce, with the view of \ncompelling the debtor to pay the debt, or disclose any \nfunds which he may have concealed. It does not imply \n(as it did with the ancient churchmen, from whom the \nterm is derived) anything loathsome or unhealthy in the \nimprisonment in Scotland, which is indeed less close than \nin England. Squalor careeris is not necessary in imprison' \nment on meditatio fugae warrant, security being all that \nis required in such cases.\" William Bell, Bell's Dictionary \nand Digest of the Law of Scotland 1032 (George Watson \ned., 7th ed. 1890). \nsqualor morbi (skway-Ior mor-bI). [Law Latin] Rist. The \ndregs ofdisease. \nsquare, n. (17c) 1. A certain portion ofland within a city \nlimit. -Also termed block. [Cases: Municipal Corpo\nrations (::::>721(1).] 2. A space set apart for public use. \n3. In a government survey, an area measuring 24 by \n24 miles. \nsquatter. (l8c) L A person who settles on property \nwithout any legal claim or title. 2. A person who settles \non public land under a government regulation allowing \nthe person to acquire title upon fulfilling specified con\nditions. [Cases: Public Lands C~35.] \n\nsquatter's rights. (1855) The right to acquire title to real \nproperty by adverse possession, or by preemption of \npublic lands. See ADVERSE POSSESSION. \nsqueeze-out, n. An action taken in an attempt to elimi\nnate or reduce a minority interest in a corporation. Cf. \nFREEZE-OUT. (Cases: Corporations (;:)182.3,584.] \nSquires claim. See PATENT CLAIM. \nSquires doctrine. Patents. A rule of the U.S. Patent \nand Trademark Office that a utility-patent claim may \nincorporate drawings or tables by reference, but only \nwhen there is no practical way to express the informa\ntion in words, and when referring to the artwork is a \nconcise way to communicate the information. -The \nnamesake case involved a numerical font designed to \nbe readable in the dim red light inside a submarine. It \nis allowed only when necessary, and is not available just \nfor the convenience of an applicant. Ex parte Squires, \n133 USPQ (BNA) 598 (Bd. App. 1961). [Cases: Patents \n(;:\"100.] \nSRO. abbr. See SELF-REGULATORY ORGANIZATION. \nss. abbr. l. Sections. 2. Subscripsi (Le., signed below). 3. \nSans (i.e., without). 4. (Erroneously) scilicet. \n\"Many possible etymologies have been suggested for this \nmysterious abbreviation. One is that it signifies scilicet (= \nnamely, to wit), which is usually abbreviated sc. or sci/. \nAnother is that ss. represents '[tlhe two gold letters at the \nends of the chain of office or \"collar\" worn by the Lord Chief \nJustice of the King's Bench ... .' Max Radin, Law Dictionary \n327 (1955). Mellinkoff suggests that the precise etymology \nis unknown: 'Lawyers have been using 5S for nine hundred \nyears and still are not sure what it means.' David Mellinkoff, \nThe Language ofthe Law 296 (1963). In fact, though, it is a \nflourish deriving from the Year Books --an equivalent of \nthe paragraph mark: '~.' Hence Lord Hardwicke's statement \nthat 5S. is nothing more than a division mark. See Jodderrell \nv. Cowell, 95 Eng. Rep. 222, 222 (K.B. 1737) .... An early \nform book writer incorporated it into his forms, and ever \nsince it has been mindlessly perpetuated by one generation \nafter another.\" Bryan A. Garner, A Dictionary of Modern \nLegal Usafje 825 (2d ed. 1995). \nSSA. abbr. SOCIAL SECURITY ADMINISTRATION. \nSSDI. abbr. SOCIAL SECURITY DISABILITY INSURANCE. \nSSI. abbr. SUPPLEMENTAL SECURITY INCOME. \nSSS. abbr. SELECTIVE SERVICE SYSTEM. \nstabilize, vb. 1. To make firm or steadfast <to stabilize \nthe ship>. 2. To maintain a particular level or amount \n<stabilize prices>. \nstable stand. Hist. In forest law, a person found standing \nin a forest either with a bow bent, ready to shoot a deer, \nor close to a tree with greyhounds on a leash and ready \nto slip, being presumptive evidence of an intent to steal \nthe Crown's deer. \nstacking. (1982) l. Insurance. The process of obtaining \nbenefits from a second policy on the same claim when \nrecovery from the first policy alone would be inade\nquate. [Cases: Insurance~2108, 2799.] \njudicial stacking. The principle that a court can \nconstrue insurance policies to permit stacking, under \ncertain circumstances, when the policies do not specifically allow stacking but public policy is best served \nby permitting it. [Cases: Insurance ~2799.] \npolicy stacking. Stacking that is permitted by the \nexpress terms of an insurance policy. [Cases: Insur\nance (;::,,2108.] \n2. A gerrymandering technique in which a large politi\ncalor racial group is combined in the same district \nwith a larger opposition group. Cf. CRACKING; PACKING. \n[Cases: Elections 12(6).] \nstaff attorney. 1. See ATTORNEY, 2. See CLERK (5). \nstaff director. See EXECUTIVE DIRECTOR. \nstaff judge advocate. See JUDGE ADVOCATE. \nstagflation (stag-flay-sh.:m), n. A period of slow economic \ngrowth or recession characterized by high inflation, \nstagnant consumer demand, and high unemploy\nment. -stagflationary, adj. \nstaggered board of directors. See BOARD OF DIREC\nTORS. \nstagiarius (stay-jee-air-ee-as), n. [Latin] Hist. 1. Eccles. \nlaw. A resident canon; an ecclesiastic bound to keep \nterms of residence. 2. A stagiary; a law student keeping \nterms before admission to the bar. \nstake, n. Cbef, 12c) 1. Something (such as property) \ndeposited by two or more parties with a third party \npending the resolution of a dispute; the subject matter \nof an interpleader. [Cases: Interpleader ('::::>21.J 2. An \ninterest or share in a business venture. 3. Something \n(esp. money) bet in a wager, game, or contest. [Cases: \nGaming (;:::::, 1,67,] 4. A boundary marker used in land \nsurveys. [Cases: Boundaries \nstakeholder. (18c) 1. A disinterested third party who \nholds money or property, the right to which is disputed \nbetween two or more other parties. See INTERPLEADER. \n[Cases: Interpleader (.':::' 13.] 2. A person who has an \ninterest or concern in a business or enterprise, though \nnot necessarily as an owner. 3. One who holds the \nmoney or valuables bet by others in a wager. [Cases: \nGaming 72.5.] \nstale check. See CHECK. \nstale claim. See CLAIM (3). \nStalingrad defense. See DEFENSE (2). \nstalking. (bef. 12c) 1. The act or an instance of follow\ning another by stealth. 2. The offense of following or \nlOitering near another, often surreptitiously, to annoy \nor harass that person or to commit a further crime \nsuch as assault or battery. -Some statutory definitions \ninclude an element that the person being stalked must \nreasonably feel harassed, alarmed, or distressed about \npersonal safety or the safety ofone or more persons for \nwhom that person is responsible. And some definitions \ninclude acts such as telephoning another and remain\ning silent during the call. Cf. CYBERSTALKING. [Cases: \nExtortion and Threats ~25.1.] \nstallage (stawl-ij), n. Hist. 1. The right to erect stalls in \npublic markets. 2. The cost for that right. \n\n1535 \t stand at ease \nstamp, n. (15c) An official mark or seal placed on a \ndocument, esp. to indicate that a required tax (such as \nduty or excise tax) has been paid. [Cases: Bills and Notes \nC~:)56; Internal Revenue (;::::>4390-4409; Taxation \n2218,3679.] \nstamp acts. English statutes requiring and regulating \nstamps on deeds, contracts, legal papers, bills, or other \ndocuments. \nstamp duty. Hist. A tax raised by requiring stamps sold \nby the government to be affixed to designated docu\nments, thus forming part of the perpetual revenue. \nSee stamp tax under TAX. [Cases: Internal Revenue \n4390-4409; Taxation (;::2218.] \n\"A fifth branch of the perpetual revenue consists in the \nstamp duties, which are a tax imposed upon all parch \nment and paper whereon any legal proceedings, or private \ninstruments of almost any nature whatsoever, are written: \nand also upon licenses ... and pamphlets containing less \nthan six sheets of paper. These imposts are very various, \naccording to the nature of the thing stamped, rising gradu \nally from a penny to ten pounds: 1 William Blackstone, \nCommentaries on the Laws of England 312-13 (1765). \nstamp tax. See TAX. \nstand. See WITNESS STAND. \nstand adjourned. (Of a meeting or proceeding) to be in a \nstate of adjournment <this court stands adjourned until \n10:00 a.m. tomorrow> . This status is usu. announced \nby a judge or other presiding officer concerning the \nbusiness scheduled to continue at a later time. -Often \nshortened to adjourned. [Cases: Courts (::::;'66.] \nstandard, n. (I5c) 1. A model accepted as correct by \ncustom, consent, or authority <what is the standard \nin the antfarm industry?>. 2. A criterion for measur\ning acceptability, quality, or accuracy <the attorney \nwas making a nice living even by New York stan\ndards>. standard, adj. \nobjective standard. (1915) A legal standard that is based \non conduct and perceptions external to a particular \nperson . In tort law, for example, the reasonable\nperson standard is considered an objective standard \nbecause it does not require a determination of what \nthe defendant was thinking. \nsubjective standard. (1915) A legal standard that is \npeculiar to a particular person and based on the \nperson's individual views and experiences . In \ncriminal law, for example, a subjective standard \napplies to determine premeditation because it depends \non the defendant's mental state. \nStandard & Poor's. An investment-analysis and \n-advisory service . Standard & Poor's rates the finan\ncial strength of businesses from AAA (strongest) to AA, \nA, BBB, and so on to CCC. Most grades may also be \nmodified with a plus- or minus-sign according to the \nbusiness's relative strength among similar companies. \nA rating ofR means that the company is the subject of \nsome regulatory action. \nstandard characteristics. See STANDARD DESCRIPTIVE \nCHARACTERISTICS. \nstandard deduction. See DEDUCTION. standard descriptive characteristics. Parliamentary law. \nThe basic rules that apply to and define a motion . The \ncharacteristics include when the motion is in order; \nits rank that is, what it takes precedence over, and \nwhat yields to it; whether making it may interrupt a \nspeaker; whether it needs a second; whether it is debat\nable; whether it is amendable; what vote its adoption \ntakes; and whether it can be reconsidered. Also \ntermed standard characteristics. \nstandard-form contract. See CONTRACT. \nstandard instruction. See fURY INSTRUCTION. \nstandardized contract. See standard-form contract \nunder CONTRACT. \nstandard mortgage clause. See MORTGAGE CLAUSE. \nstandard ofcare. (1890) Torts. In the law of negligence, \nthe degree of care that a reasonable person should \nexercise. See CARE (2). [Cases: Negligence (;~:'230-\n233.] \nstandard ofneed. In public-assistance law, the total sub\nsistence resources required by an individual or family \nunit as determined by a state and, when unsatisfied by \navailable resources, entitles the individual or family \nunit to public assistance. [Cases: Social Security and \nPublic Welfare (::::;4.10,194.7.] \nstandard of proof. (1922) The degree or level of proof \ndemanded in a specific case, such as \"beyond a reason\nable doubt\" or \"by a preponderance of the evidence.\" \nSee BURDEN OF PERSUASION. [Cases: Criminal Law (;::;:. \n560; Evidence (::::;596.] \nstandard of review. 1be criterion by which an appel\nlate court exercising appellate jurisdiction measures \nthe constitutionality of a statute or the propriety ofan \norder, finding, or judgment entered by a lower court. \n[Cases: Appeal and Error (~J836-"}
{"text": "\norder, finding, or judgment entered by a lower court. \n[Cases: Appeal and Error (~J836-1099; Criminal Law \n(::::;'1134.1-1180; Federal Courts <>751-917.] \nstandard policy. See INSURANCE POLICY. \nstandard-setting organization. A body that sets, \ndescribes, or documents uniform operating, techno\nlogical, or other norms for participants in a particular \nfield or industry. -Also termed standards body. \n! Standards for Imposing Lawyer Sanctions. The ABA's \n1986 supplement to the Standards for Lawyer Disci\nI \tpline, prescribing a range of sanctions and guidelines \nfor applying them. Sanctions range from repri\nmands to disbarment. [Cases: Attorney and Client \n(;:::::>59.5(2).J \nStandards for Lawyer Discipline. A set of model rules, \ncreated by the ABA in 1979, establishing procedures for \ndisciplining lawyers who violate ethics rules or commit \ncrimes . The rules stress that the process is an inquiry \nto determine an attorney's fitness to practice, not to \ndetermine a punishment. \nstand at ease. Parliamentary law. To take an informal \npause during a meeting wit hout taking a recess, at the \ninstance of the chair. \n\nstandby charge 1536 \nstandby charge. A property levy, often based on acreage, \nimposed on the mere availability of a service, whether \nor not the service is actually used. \nstandby commitment. An arrangement between an \nunderwriter and an issuer of securities whereby the \nunderwriter agrees, for a fee, to buy any unsold shares \nremaining after the public offering. -Also termed \nstandby underwriting agreement. \nstandby counsel. See COUNSEL. \nstandby guardian. See GUARDIAN. \nstandby guardianship. See GUARDIA:SSHIP. \nstandby letter ofcredit. See LETTER OF CREDIT. \nstandby trust. See TRUST. \nstandby underwriting. See UNDERWRITI!'IG. \nstandby underwriting agreement. See STANDBY COM\nMITMENT. \nstanding, n. (1924) A party's right to make a legal claim \nor seek judicial enforcement of a duty or right . To \nhave standing in federal court, a plaintiff must show \n(1) that the challenged conduct has caused the plain\ntiff actual injury, and (2) that the interest sought to be \nprotected is within the zone of interests meant to be \nregulated by the statutory or constitutional guarantee \nin question. Also termed standing to sue. Cf. JUSTI\nCIABILITY. [Cases; Action Federal Civil Proce\ndure 103.1.] \n\"Have the appellants alleged such a personal stake in the \noutcome of the controversy as to assure that concrete \nadverseness wh ich sharpens the presentation of issues \nupon which the court so largely depends for illumination \nof difficult constitutional questions? This is the gist of the \nquestion of standing.\" Baker v. Carr, 369 U.S. 186,204, 82 \nS.Ct. 691, 703 (1962) (Brennan, j.). \n'The word standing is rather recent in the basic judicial \nvocabulary and does not appear to have been commonly \nused until the middle of our own century. No authority that \nI have found introduces the term with proper explanations \nand apologies and announces that henceforth standing \nshould be used to describe who may be heard by ajudge. \nNor was there any sudden adoption by tacit consent. The \nword appears here and there. spreading very gradually \nwith no discernible pattern. Judges and lawyers found \nthemselves using the term and did not ask why they did \nso or where it came from.\" joseph Vining, Legal Identity \n55 (1978). \nthird-party standing. (1968) Standing held by \nsomeone claiming to protect the rights of others . \nFor example, in most jurisdictions, only a parent has \nstanding to bring a suit for custody or visitation; in \nsome, however, a third party for instance, a grand\nparent or a person with whom the child has substan\ntial contacts -may have standing to bring an action \nfor custody or visitation. See GRANDPARENT RIGHTS. \n[Cases; Action Child Custody C=:>409; Federal \nCivil Procedure (;:~103.4.] \nstanding aside a juror. The prosecution practice of \nprovisionally placing a juror aside until the panel is \nexhausted, without providing a reason, instead ofchal\nlenging the juror or showing cause . The practice orig\ninally developed as a method ofavoiding the Challenge oOurors Act (1305), which prohibited the Crown from \nchallenging a juror without showing cause. A similar \npractice was formerly used in Pennsylvania. [Cases; \nJury C=:> 122.] \nstanding by. (14c) 1. The awaiting of an opportunity to \nrespond, as with assistance. 2. Silence or inaction when \nthere is a duty to speak or act; esp., the tacit possession \nof knowledge under circumstances requiring the pos\nsessor to reveal the knowledge. See estoppel by silence \nunder ESTOPPEL. \nstanding committee. See COMMITTEE. \nStanding Committee on Rules of Practice and Proce\ndure. A group of judges, lawyers, and legal scholars \nappointed by the Chief Justice of the United States to \nadvise the Judicial Conference of the United States on \npossible amendments to the procedural rules in the \nvarious federal courts and on other issues relating to \nthe operation of the federal courts. 28 USCA  331. \n\"[Under 28 USCA  331], the Judicial Conference of the \nUnited States has created a Standing Committee on Rules \nof Practice and Procedure and has authorized the appoint \nment from time to time of various advisory committees. \nThese committees make recommendations regarding \namendments of the rules to thejudicial Conference, which \nin turn transmits those recommendations it approves to the \nSupreme Court. Under this new plan, as under the machin \nery in effect from 1934 to 1956, the Court retains the \nultimate responsibility for the adoption of amendments to \nthe rules.\" 4 Charles Alan Wright & Arthur R. Miller, Fedeml \nPractice and Procedure  1007, at 35 (2d ed. 1987). \nstanding crops. See CROPS. \nstanding division. See standing vote under VOTE (4). \nstanding master. See MASTER. \nstanding mortgage. See interest-only mortgage under \nMORTGAGE. \nstanding mute. See MUTE {2}. \nstanding offer. See OFFER. \nstanding order. See ORDER (2). \nstanding rule. See RULE (3). \nstanding seised to uses. The holding of title for the \nbenefit or use of another, such as a relative in consid\neration of blood or marriage . A covenant to stand \nseised to uses is a type of conveyance that depends on \nthe Statute of Uses for its effect. -Often shortened to \nseised to uses. See STATUTE OF USES. \nstanding to sue. See STANDING. \nstanding vote. See VOTE (4), \nstand mute. (16c) 1. (Of a defendant) to refuse to enter \na plea to a criminal charge . Standing mute is treated \nas a plea of not guilty. [Cases; Criminal Law C=:>300.] \n2. (Of any party) to raise no objections. \nstandstill agreement. (1934) Any agreement to refrain \nfrom taking further action; esp., an agreement by which \na party agrees to refrain from further attempts to take \nover a corporation (as by making no tender offer) for \na specified period, or by which financial institutions \nagree not to call bonds or loans when due. \n\n1537 \nstand trial. (l7c) To submit to a legal proceeding, esp. a \ncriminal prosecution. \nstante matrimonio (stan-tee ma-tr,,-moh-nee-oh). \n[Latin] Hist. The marriage remaining undissolved. \nstaple (stay-p~l). 1. A key commodity such as wool, \nleather, tin, lead, butter, or cheese (collectively termed \nthe staple). 2. Hist. A town appointed by the Crown as \nan exclusive market for staple products. See STATUTE \nSTAPLE. 3. Patents. An unpatented thing or material \nthat is a component ofa patented product or is used in \na patented process, but also has other practical uses . \nPatentees may not gain control ofthe market for staples \nthrough tying agreements. Cf. NONSTAPLE. \nStar Chamber. 1. Hist. An English court having broad \ncivil and criminal jurisdiction at the king's discretion \nand noted for its secretive, arbitrary, and oppressive \nprocedures, including compulsory self-incrimination, \ninquisitorial investigation, and the absence ofjuries. \nThe Star Chamber was abolished in 1641 because ofits \nabuses ofpower. Also termed Court ofStar Chamber; \nCamera Stellata. 2. (usu. l.e.) Any secretive, arbitrary, \nor oppressive tribunal or proceeding. \nstare decisis (stahr-ee di-SI-sis or stair-ee), n. [Latin \"to \nstand by things decided\"J (I8c) The doctrine of prec\nedent, under which a court must follow earlier judicial \ndecisions when the same points arise again in litiga\ntion. See PRECEDENT; NON QUIETA MOVERE. Cf. RES \nJUDICATA; LAW OF THE CASE; (in civil law) jurispru\ndence consiante under JURISPRUDENCE. [Cases: Courts \n':;::::>89.J \n\"The rule of adherence to judicial precedents finds its \nexpression in the doctrine of stare deCisis. This doctrine \nis simply that, when a point or prinCiple of law has been \nonce officially decided or settled by the ruling of a com\npetent court in a case in which it is directly and neces\nsarily involved, it will no longer be conSidered as open to \nexamination or to a new ruling by the same tribunal, or by \nthose which are bound to follow its adjudications, unless \nit be for urgent reasons and in exceptional cases.\" William \nM. Lile et aI., Brief Making and the Use of Law Books 321 \n(3ded.1914). \n\"The general orthodox interpretation of stare decisis . .. is \nstare rationibus decidendis ('keep to the rationes decidendi \nof past cases 'J, but a narrower and more literal interpreta \ntion is sometimes employed. To appreciate this narrower \ninterpretation it is necessary to refer ... to Lord Halsbury's \nassertion that a case is only authority for what it actually \ndeCides. We saw that situations can arise in which all that \nis binding is the deciSion. According to Lord Reid, such \na situation arises when the ratio decidendi of a previous \ncase is obscure, out of accord with authority or established \nprinCiple, or too broadly expressed.\" Rupert Cross & J.W. \nHarris, Precedent in English Law 100-01 (4th ed. 1991). \nhorizontal stare decisis. The doctrine that a court, esp. \nan appellate court, must adhere to its own prior deci\nsions, unless it finds compelling reasons to overrule \nitself. [Cases: Courts (>90(1).] \nsuper stare decisis. The theory that courts must follow \nearlier court decisions without considering whether \nthose decisions were correct. -Critics argue that \nstrict adherence to old decisions can result in grave \ninjustices and cite as an example the repudiation of state \nPlessy v. Ferguson, 163 U.S. 537, 16 S.Ct. 1138 (1896) \nby Brown v. Board ofEdueation, 347 U.S. 483, 74 S.Ct. \n686 (1954). \nvertical stare decisis. The doctrine that a court must \nstrictly follow the decisions handed down by higher \ncourts within the same jurisdiction. [Cases: Courts \n(>91(0.5).] \nstare decisis et non quieta movere (stair-ee di-Sl-sis et \nnon kWI-ee-t\" moh-veer-ee). [LatinI To stand by things \ndecided, and not to disturb settled points. See STARE \nDECISIS. \nstare enim religioni debet (stair-ee ee-nim ri-lij-ee-oh\nnee dee-bet or deb-et). [Latin] Hist. For one ought to \nabide by one's solemn obligation. \nstare in judicio (stair-ee in joo-dish-ee-oh). [Latin] Hist. \nTo appear before a tribunal as either a plaintiff or a \ndefendant. \nstar paging, n. (1873) 1. A method ofreferring to a page \nin an earlier edition ofa book, esp. a legal source . This \nmethod correlates the pagination of the later edition \nwith that of the earlier (usu. the first) edition. 2. By \nextension, the method of displaying on a computer \nscreen the page breaks that occur in printed documents \nsuch as law reports and law reviews. Also termed star \npagination. -star page, n. \nstarr (stahr), n. [fr. Latin starrum fr. Hebrew sh'tar \"a \nwriting\"] Hist. A Jewish contract (esp. for release ofan \nobligation) that Richard I declared to be invalid unless \nit was placed in a lawful repository, the largest being in \nthe king's Exchequer at Westminster. Also termed \nstarra. \n\"It is well known that, before the banishment of the Jews \nunder Edward I, their contracts and obligations were \ndenominated in our ancient records starra or starrs, from \na corruption of the Hebrew word, sheeay, a covenant .... \nThese starrs, by an ordinance of Richard the first ... were \ncommanded to be enrolled and deposited in chests under \nthree keys in certain places; one, and the most consider\nable, of which was in the king's exchequer at Westmin\nster .... [T]he room at the exchequer, where the chests \ncontaining these starrs were kept, was probably called the \nstarr-chamber, and, when the Jews were expelled from the \nkingdom, was applied to the use ofthe king's council, when \nsitting in their judicial capacity.\" 4 William Blackstone, Com\nmentaries on the Laws of England 263 n.a (I 769). \nstash, vb. To hide or conceal (money or property). \nstat. abbr. STATUTE. \nstate, n. ("}
{"text": ", vb. To hide or conceal (money or property). \nstat. abbr. STATUTE. \nstate, n. (16c) 1. The political system ofa body of people \nwho are politically organized; the system of rules by \nwhich jurisdiction and authority are exercised over such \na body of people <separation of church and state>. \nAlso termed political society. Cf. NATION. [Cases: Inter\nnational Law ~3.] \n\"A STATE is a community of persons living Within certain \nlimits of territory, under a permanent organization which \naims to secure the prevalence of justice by self-imposed \nlaw. The organ of the state by which its relations with \nother states are managed is the government.\" Theodore \nD. Woolsey, Introduction to the Study of International Law \n 36, at 34 (5th ed. 1878). \n\nstate action 1538 \n\"A state or political society is an association of human \nbeings established for the attainment of certain ends by \ncertain means. It is the most important of all the various \nkinds of society in which men unite, being indeed the nec \nessary basis and condition of peace, order, and civilisation. \nWhat then is the difference between this and other forms of \nassociation? In what does the state differ from such other \nsocieties as a church, a university, ajointstock company, \nor a trade union? The difference is clearly one of function. \nThe state must be defined by reference to such of its activi\nties and purposes as are essential and characteristic.\" John \nSalmond, Jurisprudence 129 (Glanville L. Williams ed., 10th \ned.1947). \n'A state is an institution, that is to say, it is a system of rela \ntions which men establish among themselves as a means \nof securing certain objects, of which the most fundamental \nis a system of order within which their activities can be \ncarried on. Modern states are territorial; their govern \nments exercise control over persons and things within \ntheir frontiers, and today the whole of the habitable world \nis divided between about seventy of these territorial states. \nA state should not be confused with the whole commu \nnity of persons living on its territory; it is only one among \na multitude of other institutions, such as churches and \ncorporations, which a community establishes for securing \ndifferent objects, though obviously it is one of tremendous \nimportance; none the less it is not, except in the ideology \nof totalitarianism, an allembracing institution, not some \nthing from which, or within which, all other institutions \nand associations have their being; many institutions, e.g, \nthe Roman Catholic Church, and many associations, e.g. \nfederations of employers and of workers, transcend the \nboundaries of any single state.\" J.L. Brierly, The Law of \nNations 118 (5th ed. 1955). \nclient state. A country that is obliged in some degree \nto cede some ofthe control ofits external relations to \nsome foreign power or powers. -Also termed satel\nlite state. Cf. SOVEREIGN STATE. \ncomposite state. A state that comprises an aggregate or \ngroup ofconstituent states. \ndependent state. See rlOnsovereign state. \nfederal state. A composite state in which the sover\neignty ofthe entire state is divided between the central \nor federal government and the local governments of \nthe several constituent states; a union of states in \nwhich the control of the external relations ofall the \nmember states has been surrendered to a central gov\nernment so that the only state that exists for interna\ntional purposes is the one formed by the union. Cf. \nconfederation ofstates under CONFEDERATION. \nimperial state. Archaic. A composite state in which a \ncommon or central government possesses in itself \nthe entire sovereignty, so that the constituent states \npossess no portion ofthis sovereignty. \nnonsovereign state. A state that is a constituent part of \na greater state that includes both it and one or more \nothers, and to whose government it is subject; a state \nthat is not complete and self-existent.  Among other \nthings, a nonsovereign state has no power to engage \nin foreign relations. -Also termed dependent state. \nCf. SOVEREIGN STATE. \npart-sovereign state. See SOVEREIGN STATE. \npolice state. A state in which the political, economic, \nand social life ofits citizens is subject to repressive governmental control and arbitrary uses ofpower by \nthe ruling elite, which uses the police as the instru\nment ofcontrol; a totalitarian state. \nreceiving state. The country to which a diplomatic \nagent or consul is sent by the country represented by \nthat agent. Cf. sending state. [Cases: Ambassadors and \nConsuls \nsatellite state. See client state. \nsending state. The country from which a diplomatic \nagent or consul is sent abroad. Cf. receiving state. \n[Cases: Ambassadors and Consuls <8=>3.] \nsimple state. See unitary state. \nsocial-service state. A state that uses its power to create \nlaws and regulations to provide for the welfare ofits \ncitizens. \nsovereign state. See SOVEREIGN STATE. \nunitary state. A state that is not made up ofterritorial \ndivisions that are states themselves. -Also termed \n(archaically) simple state. \n2. An institution of self-government within a larger \npolitical entity; esp., one of the constituent parts ofa \nnation haVing a federal government <the 50 states>. \n[Cases: States 1.] 3. (often cap.) The people of a \nstate, collectively considered as the party wronged by \na criminal deed; esp., the prosecution as the representa\ntive ofthe people <the State rests its case>. \nstate action. (1893) Anything done by a government; \nesp., in constitutional law, an intrusion on a person's \nrights (esp. civil rights) either by a governmental entity \nor by a private requirement that can be enforced only \nby governmental action (such as a racially restrictive \ncovenant, which requires judicial action for enforce\nment). [Cases: Civil Rights 1325; Constitutional \nLaw <8=> 1061.] \nstate-action doctrine. Antitrust. The principle that the \nantitrust laws do not prohibit a state's anticompetitive \nacts, or official acts directed bya state. Parker v. Brown, \n317 U.S. 341, 63 S.Ct. 307 (1943). -Also termed Parker \ndoctrine. See MIDCAL TEST. [Cases: Antitrust and Trade \nRegulation <8=>901.] \nstate agency. See AGENCY (3). \nstate-all-facts interrogatory. See identification inter\nrogatory under INTERROGATORY. \nstate appeal. See APPEAL. \nstate auditor. See AUDITOR. \nstate bank. See BANK. \nstate bar association. See BAR ASSOCIATIO:-l. \nstate body. See state agency under AGENCY (3). \nstate bond. See BOND (3). \nstate-compulsion test. (1978) Civil-rights law. The rule \nthat a state is responsible for discrimination that a \nprivate party commits while acting under the require\nments of state law, as when a restaurant owner is \nrequired by state law to refuse service to minorities. \nAdiekes v. S.H. Kress & Co., 398 U.S. 144,90 S.Ct, 1598 \n\n1539 \n(1970). See SYMBIOTIC-RELATIONSHIP TEST; NEXUS \nTEST. [Cases: Civil Rights y 1326(4,7).] \nstate court. See COURT. \nstate criminal. See CRIMINAL. \nstated, adj. 1. Fixed; determined; settled <at the stated \ntime> <settlement for a stated amount>. 2. Expressed; \ndeclared <stated facts>. \nstated account. See account stated under ACCOUNT. \nstated capital. See CAPITAL. \nState Department. See DEPARTMENT OF STATE. \nstated-income loan. See LOAN. \nstated interest rate. See nominal rate under INTEREST \nRATE. \nstated meeting. See regular meeting under MEETING. \nstated rate. See nominal rate under INTEREST RATE. \nstated term. See general term under TERM (5). \nstated value. See PAR VALUE. \nstate government. See GOVERNMENT. \nstate jurisdiction. See JURISDICTION. \nState Justice Institute. A nonprofit federal corporation \ncharged with improving judicial administration in state \ncourts. _ It was created by the State Justice Institute Act \nof 1984.42 USCA  10701-10713. -Abbr. SJI. \nstate law. (18c) A body oflaw in a particular state con\nsisting of the state's constitution, statutes, regulations, \nand common law. Cf. FEDERAL LAW. \nstateless person. Int'llaw. A natural person who is not \nconsidered a national by any country. -The Convention \nRelating to Status of Stateless Persons (1954) provides \nthese people with certain protections and obliges them \nto abide by the laws of the country where they reside. \nstatement. (18c) 1. Evidence. A verbal assertion or \nnonverbal conduct intended as an assertion. [Cases: \nEvidence 2. A formal and exact presenta\ntion of facts. Also termed (for plaintiff) statement \nofcause ofaction. 3. Criminal procedure. An account \nofa person's knowledge ofa crime, taken by the police \nduring their investigation of the offense. Cf. CONFES\nSION. \nconsonant statement. (1889) A witness's previous dec\n1aration, testified to by a person to whom the declara\ntion was made and allowed into evidence only after \nthe witness's testimony has been impeached. -This \ntype of evidence would, but for the impeachment of \nthe witness, be inadmissible hearsay. Cf. prior consis\ntent statement. [Cases: Witnesses C::)414(2).] \nfalse statement. (I8c) 1. An untrue statement know\ningly made with the intent to mislead. See PERJURY. \n2. Anv one of three distinct federal offenses: (1) falsi\nfying 'or concealing a material fact by trick, scheme, \nor device; (2) making a false, fictitious, or fraudu\nlent representation; and (3) making or using a false \ndocument or writing. 18 USCA  1001. [Cases: Fraud \nY68.l0(1).j statement of defense \nfinancial statement. See FINANCIAL STATEMENT. \nincriminating statement. (1896) A statement that tends \nto establish the guilt of someone, esp. the person \nmaking it. \nprior consistent statement. (1883) A witness's earlier \nstatement that is consistent with the witness's testi\nmony at trial. - A prior consistent statement is not \nhearsay if it is offered to rebut a charge that the testi\nmony was improperly influenced or fabricated. Fed. \nR. Evid. 801(d)(1)(B). Cf. consonant statement. \nprior inconsistent statement. (1885) A witness's earlier \nstatement that conflicts with the witness's testimony \nat trial. -In federal practice, extrinsic evidence of \nan unsworn prior inconsistent statement is admis\nsible -if the witness is given an opportunity to \nexplain or deny the statement -for impeachment \npurposes only. Fed. R. Evid. 613(b). Sworn statements \nmay be admitted for all purposes. Fed. R. Evid. 80l(d) \n(1)(A). \nsworn statement. (1831) ]. A statement given under \noath; an affidavit. Cf. AFFIDAVIT; DECLARATION (8). \n[Cases: Affidavits C'c:~) 1.] 2. A contractor-builder's \nlisting of suppliers and subcontractors, and their \nrespective bids, required by a lending institution for \ninterim financing. \nvoluntary statement. (l817) A statement made without \nthe influence of duress, coercion, or inducement. \nStatement and Account Clause. (1975) 'The clause ofthe \nU.S. Constitution requiring the regular publication of \nthe receipts and expenditures of the federal govern\nment. US. Const. art. I,  9, cl. 7. [Cases: United States \nY44.] \nstatement of account. 1. A report issued periodically \n(usu. monthly) by a bank to a customer, providing \ncertain information on the customer's account, includ\ning the checks drawn and cleared, deposits made, \ncharges debited, and the account balance. -Also \ntermed bank statement. See ACCOUNT (4). [Cases: Banks \nand Banking 2. A report issued periodically \n(usu. monthly) by a creditor to a customer, providing \ncertain information on the customer's account, includ\ning the amounts billed, credits given, and the balance \ndue. -Also termed account statement. \nstatement of affairs. 1. STATEMENT OF FINANCIAL \nAFFAIRS. 2. A balance sheet showing immediate liquida\ntion values (rather than historical costs), usu. prepared \nwhen insolvency or bankruptcy is imminent. \nstatement ofcause ofaction. See STATEMENT (2). \nstatement of claim. 1. COMPLAINT (1). 2. English law. \nA plaintiff's initial pleading in a civil case; DECLARA\nTION (7). \nstatement ofcondition. See BALANCE SHEET. \nstatement of confession. See CONFESSION OF \nJUDGMENT. \nstatement ofdefense.lbe assertions by a defendant; esp., \nin England, the defendant's answer to the plaintiff's \nstatement ofclaim. \n\n1540 statement of fact \nstatement of fact. A form of conduct that asserts or \nimplies the existence or nonexistence of a fact . The \nterm includes not just a particular statement that a \nparticular fact exists or has existed, but also an asser\ntion that, although perhaps expressed as an opinion, \nimplies the existence ofsome fact or facts that have led \nthe assertor to hold the opinion in question. See affir\nmative testimony under TESTIMONY. [Cases: Criminal \nLaw C:::='448; Evidence C:::='471, 505.] \nstatement offacts. (18c) A party's written presentation of \nthe facts leading up to or surrounding a legal dispute, \nusu. recited toward the beginning ofa brief. Cf. STATE\nMENT OF THE CASE. \n\"The statement of facts is another of those critical parts \nof the brief .... Two principles are at war in drafting the \nstatement of facts. First, judges want and some circuit \nrules require a nonargumentative, 'fair summary without \nargument or comment.' Conversely, you want a statement \nof facts that persuades the"}
{"text": "a nonargumentative, 'fair summary without \nargument or comment.' Conversely, you want a statement \nof facts that persuades the judges to rule for you as soon \nas they finish reading it. Satisfying both ends requires \nsome balancing.\" David G. Knibb, Federal Court ofAppeals \nManual 31.7, at 549 (4th ed. 2000). \nagreed statement offacts. A narrative statement of \nfacts that is stipulated to be correct by the parties \nand is submitted to a tribunal for a ruling . When \nthe narrative statement is filed on appeal instead of a \nreport of the trial proceedings, it is called an agreed \nstatement on appeal. [Cases: Appeal and Error C:::=' \n845(2); Stipulations C:::=' 14(10), 18(7).] \nstatement offinancial affairs. Bankruptcy. A document \nthat an individual or corporate debtor must file to \nanswer questions about the debtor's past and present \nfinancial status. -Also termed statement ofaffairs. \n[Cases: BankruptcyC=)2321.] \nstatement offinancial condition. See BALANCE SHEET. \nstatement offinancial position. See BALANCE SHEET. \nstatement of income. See INCOME STATEMENT. \nstatement ofintention. Bankruptcy. A preliminary state\n. ment filed by an individual debtor in a chapter 7 case, in \nwhich the debtor details, among other things, whether \nproperty of the bankruptcy estate securing any debt will \nbe retained or surrendered and whether the property is \nclaimed as exempt . The statement must be filed on or \nbefore the date ofthe first creditors' meeting or within \n30 days after the bankruptcy petition is filed, whichever \nis earlier. 11 USCA  521 (a)(2). [Cases: BankruptcyC=' \n2851,3022,3034,3415.1.] \nstatement of particulars. See BILL OF PARTICULARS. \nstatement ofprinciple. In legislative drafting, a sentence \nor paragraph that explains the legislature's purpose in \npassing a statute . Although a statement of principle \noften resembles a preamble (usu. both do not appear \nin a Single statute), it differs in that it typically appears \nin a numbered section of the statute. [Cases: Statutes \nstatement ofprior-art references. See INFORMATION\nDISCLOSURE STATEMENT. \nstatement ofthe case. In an appellate brief, a short review \nof what has happened procedurally in the lawsuit and how it reached the present court. elhe statement intro\nduces the reviewing court to the case by reciting the \nfacts, procedures, decisions of the court or courts below \nas they are relevant to the appeal, and the reasons for \nthose decisions. Also termed proceedings below. Cf. \nSTATEMENT OF FACTS. [Cases: Appeal and Error \n757; Federal Courts C:::='713.] \nstatement of use. See amendment to allege use under \nTRADEMARK-APPLICATION AMENDMENT. \nstatement of utility. Patents. The portion of a patent\napplication disclosure statement that explains how the \ninvention is useful. [Cases: Patents C-:::>99.] \nstatement of work. A contractual provision or exhibit \nthat defines what one party (e.g., the seller) is going \nto do for the other (e.g., the buyer). The statement \nofwork often covers such terms as (1) inspection and \nacceptance, (2) quality-assurance requirements, (3) \npacking and marking, (4) data requirements, and (5) \ntraining. There are generally two types of specifica\ntions in a statement ofwork: a performance specifica\ntion establishing the minimum requirements for items \nto be supplied, and a design specification establishing \nthe methods to be used in meeting those minimum \nrequirements. Also termed statement-oj-work \nclause. Abbr. SOW. \nstate of art. See STATE OF THE ART. \nstate officer. See OFFICER (1). \nstate of mind. (17c) 1. The condition or capacity of a \nperson's mind; MENS REA. 2. Loosely, a person's reasons \nor motives for committing an act, esp. a criminal act. \nstate-of-mind exception. (1949) Evidence. The principle \nthat an out-of-court declaration of an existing motive \nis admissible, even when the declarant cannot testify in \nperson. This principle is an exception to the general \nrule that hearsay is inadmissible. [Cases: Criminal Law \nC:::='419(2.20); Evidence C=:268.J \nstate of nature. (16c) The lack ofa politically organized \nSOciety. _ The term is a hypothetical construct for the \nperiod in human history predating any type ofpoliti\ncal society. \n\"[Wle may make use ofthe contrast, familiar to the philoso\nphy of the seventeenth and eighteenth centuries, between \nthe civil state and the state of nature. This state of nature is \nnow commonly rejected as one of the fictions which flour\nished in the era of the social contract, but such treatment \nis needlessly severe. The term certainly became associ\nated with much false or exaggerated doctrine touching \nthe golden age, on the one hand, and the bellum omnium \ncontra omnes of Hobbes, on the other, but in itself it nev \nertheless affords a convenient mode for the expression of \nan undoubted truth. As long as there have been men, there \nhas probably been some form of human society. The state \nof nature, therefore, is not the absence of SOCiety, but the \nabsence of a society so organised on the basis of physical \nforce as to constitute a state. Though human society is \ncoeval with mankind, the rise of political society, properly \nso called, is an event in human history.\" John Salmond, \nJurisprudence 103-04 (Glanville L. Williams ed., 10th ed. \n1947). \nstate ofthe art. (1910) Products liability. The level of \npertinent scientific and technical knowledge existing \n\n1541 \nat the time of a product's manufacture, and the best \ntechnology reasonably available at the time the product \nwas sold. Also termed state ofart. [Cases: Products \nLiability C=~178, 378.J state-of-the-art, adj. \n\"While the statutes in effect in some jurisdictions speak in \nterms of a state of the art defense, statutes in other juris\ndictions provide that state of the art evidence is admissible \nor may be considered by the trier of fact by statute, and \nthat in determining whether a product was in a defective \ncondition or unreasonably dangerous at the time It left the \ncontrol ofthe manufacturer or seller, consideration is given \nto the state of scientific and technical knowledge avail\nable to the manufacturer or seller at the time the product \nwas placed on the market, and to the customary designs, \nmethods, standards, and techniques of manufacturing, \ninspecting, and testing used by other manufacturers or \nsellers of similar products.\" 63AAm,Jur, 2d Products Liabil\nity  1319, at 472 (2008), \nstate ofthe case. The posture oflitigation as it develops, \nas in discovery, at trial, or on appeal. \nState of the Union. See Presidential message under \nMESSAGE. \nstate ofwar. A situation in which war has been declared \nor armed conflict is in progress. See WAR. [Cases: War \nand National EmergencyC=7.] \nstate paper. l. A document prepared by or relating to a \nstate or national government and affecting the admin\nistration ofthat government in its political or interna\ntional relations. 2. A newspaper officially designated for \nthe publication of public statutes, resolutions, notices, \nand advertisements. [Cases: Newspapers C=1-7.J \nstate paper office. Hist. An office established in London \nin 1578, headed by the Clerk ofthe Papers, to maintain \ncustody of state documents. \nstate police. (1843) The department or agency of a state \ngovernment empowered to maintain order, as by inves\ntigating and preventing crimes, and making arrests. \nstate police power. (1849) The power ofa state to enforce \nlaws for the health, welfare, morals, and safety ofits \ncitizens, if enacted so that the means are reasonablv \ncalculated to protect those legitimate state interests .. \nstate religion. See RELIGION. \nstate's attorney. l. See DISTRICT ATTORNEY. 2. See PROS\nECUTOR (1). \nstate seal. See great seal (2) under SEAL. \nstate secret. (1822) A governmental matter that would be \na threat to the national defense or diplomatic interests \nofthe United States ifrevealed; information possessed \nby the government and of a military or diplomatic \nnature, the disclosure of which would be contrary to \nthe public interest. -State secrets are privileged from \ndisclosure by a witness in an ordinary judicial proceed\ning. Also termed governmental secret; government \nsecret. See executive privilege & state-secrets privilege \nunder PRIVILEGE (3). [Cases: Privileged Communica\ntions and Confidentiality C~.'360.1 \nstate-secrets privilege. See PRIVILEGE (3). \nstate's evidence. See EVIDENCE. \nstate's evidence, turn. See TUR:--I STATE'S EVIDENCE. Stationery Office \nstate sovereignty. (I8c) The right of a state to self-gov\nernment; the supreme authority exercised by each state. \n[Cases: States C= 1.] \nstate-sponsored terrorism. See TERRORISM. \nstates' rights. (1839) Under the Tenth Amendment, \nrights neither conferred on the federal government nor \nforbidden to the states. [Cases: States (;:::-)4.16.] \n, State Street Bank. Patents. A landmark 1998 decision in \ni the Federal Circuit that made it easier to get patents on \n! computer software, and also rejected the long-accepted \nnotion that business methods are per se unpatentable. \n The court struck down per se rules against patent\ning mathematical algOrithms (the soul of software), \nfOCUSing instead on whether the ultimate result was \nuseful, concrete, and tangible in practice. State Street \nBank & Trust C. v. Signature Fin. Group, Inc., 149 F.3d , 1368 (Fed. Cir. 1998). [Cases: Patents C-~6.] \ni state's ward. See ward ofthe state under WARD. \nstate tax. See TAX. \nstate terrorism. See TERRORISM, \nstate the question. Parliamentary procedure. (Of the \ni chair) to formally state a motion as in order and ready \nfor consideration. Cf. PUT THE QUESTION. \nstate trial. See TRIAL. \nstateway, n. A governmental policy or law. - This term \nis formed on the analogy offolkway. \nstatim (stay-tim). [Latin] Hist. Immediately; at the \nearliest possible time when an act might lawfully be \ncompleted. \nstation. 1. Social position or status. See STATUS. 2. A place \nwhere military duties are performed or military goods \nare stored. 3. A headquarters, as of a police depart\nment. 4. A place where both freight and passengers \nare received for transport or delivered after transport. \n[Cases: Railroads C=225.] 5. Civil law. A place where \nships may safely travel. [Cases: Shipping C=11.] \nStationers' Company. Hist. An association ofstationers \nand their successors, formed in London in 1403 and \ngranted a royal charter in 1557, entrusted, by order of \nthe Privy Council, with censorship ofthe press. - This \ncompany was the holder ofthe first rights we associate \ntoday with copyright. \nStationers' Hall. Hist. The hall of the Stationers' \nCompany, established in London in 1553, at which \nevery person claiming a copyright was reqUired to \nregister as a condition precedent to filing an infringe\nment action. \n\"Accordingly 'Entered at Stationers' Hall' on the title page \nof books was a form of warning to pirates that the owner \nof the copyright could and might sue. This requirement \ndisappeared with the Copyright Act, 1911.\" David M. Walker, \nThe Oxford Companion to Law 1182 (1980). \nStationery Office. Hist. English law. A government office \nestablished in 1786 as a department of the treasury, to \nsupply government offices (including Parliament) with \nstationery and books, and to print and publish govern\n\n1542 stationhouse \nment papers. -Also termed Her Majesty's Stationery \nOffice. \nstationhouse. 1. A police station or precinct. 2. The \nlockup at a police precinct. \nstationhouse bail. See cash bail under BAIL (1). \nstation-in-life test. Family law. An analysis performed \nby a court to determine the amount of money reason\nably needed to maintain a particular person's accus\ntomed lifestyle . The elements were first set forth in \nCanfield vs. Security-First Nat'l Bank, 87 P.2d 830, 840 \n(Cal. 1939). The court takes into account the person's \nstation in society and the costs ofthe person's support \nin that station, including housing and related expenses, \nmedical care, further education, and other reason\nably necessary expenses, but not including luxuries \nor extravagant expenditures. See NECESSARIES (1), (2). \n[Cases: Divorce C='240(2); Husband and Wife C=' \n19.] \nstatist (stay-tist). 1. Archaic. A statesman; a politician. \n2. A statistician. \nstatistical-decision theory. (1966) A method for deter\nmining whether a panel ofpotential jurors was selected \nfrom a fair cross section ofthe community, by calculat\ning the probabilities of selecting a certain number of \njUroL from a particular group to analyze whether it is \nstatistically probable that the jury pool was selected by \nmere chance . This method has been criticized because \na pool of potential jurors is not ordinarily selected by \nmere chance; potential jurors are disqualified for many \nlegitimate reasons. See FAIR-CROSS-SECTION REQUIRE\nMENT; ABSOLUTE DISPARITY; COMPARATIVE DISPARITY; \nDUREN TEST. [Cases: Jury C='33(1.1, 1.2).] \nstatuliber (stach-;)-h-b;)r), n. [Latin] Roman law. A \nperson whose freedom under a will is made conditional \nor postponed; a person who will be free at a particu\nlar time or when certain conditions are met. -Also \nwritten statu liber"}
{"text": "postponed; a person who will be free at a particu\nlar time or when certain conditions are met. -Also \nwritten statu liber (stay-t[y]00 h-b;)r). \n\"The statuliber is one who has freedom arranged to take \neffect on completion of a period or fulfillment of a con\ndition. Men become statuliberi as a result of an express \ncondition, or by the very nature of the case. The meaning of \n'express condition' presents no problem. The status arises \nfrom the very nature of the case when men are manumitted \nfor the purpose of defrauding a creditor; for so long as it \nis uncertain whether the creditor will use his right, the \nmen remain statuliberi, since fraud is taken in the lex Aelia \nSentia to involve actual damage.\" Digest ofjustinian 40.7.1 \n(Paul, ad Sabinum 5). \nstatus. (I7c) 1. A person's legal condition, whether \npersonal or proprietary; the sum total of a person's \nlegal rights, duties, liabilities, and other legal relations, \nor any particular group ofthem separately considered \n<the status of a landowner>. 2. A person's legal condi\ntion regarding personal rights but excluding propri\netary relations <the status of a father> <the status of \na wife>. 3. A person's capacities and incapacities, as \nopposed to other elements ofpersonal status <the status \nof minors>. 4. A person's legal condition insofar as it \nis imposed by the law without the person's consent, as opposed to a condition that the person has acquired by \nagreement <the status of a slave>. \n\"By the status (or standing) of a person is meant the \nposition that he holds with reference to the rights which are \nrecognized and maintained by the law -in other words, \nhis capacity for the exercise and enjoyment of legal rights.\" \nJames Hadley, Introduction to Roman Law 106 (1881). \n\"The word 'status' itself originally signified nothing more \nthan the position of a person before the law. Therefore, \nevery person (except slaves, who were not regarded as \npersons, for legal purposes) had a status. But, as a result \nof the modern tendency towards legal equality formerly \nnoticed, differences of status became less and less \nfrequent, and the importance of the subject has greatly \ndiminished, with the result that the term status is now \nused, at any rate in English Law, in connection only with \nthose comparatively few classes of persons in the commu\nnity who, by reason of their conspicuous differences from \nnormal persons, and the fact that by no decision of their \nown can they get rid of these differences, require separate \nconsideration in an account of the law. But professional or \neven political differences do not amount to status; thus \npeers, physicians, clergymen of the established Church, \nand many other classes of persons, are not regarded as \nthe subjects of status, because the legal differences which \ndistinguish them from other persons, though substantial, \nare not enough to make them legally abnormal. And land\nowners, merchants, manufacturers, and wage-earners are \nnot subjects of the Law of Status, though the last-named \nare, as the result of recent legislation, tending to approach \nthat position.\" Edward Jenks, The Book of English Law 109 \n(P.B. Fairest ed., 6th ed. 1967). \nstatus, law of. See LAW OF STATUS. \nSTAT-USA. A unit in the U.S. Department ofCommerce \nresponsible for disseminating economics and trade \ninformation compiled by other federal agencies to busi\nnesses and individuals through subscription services \nand federal depository libraries . STAT-USA is an \nagency within the Department's Economics and Sta\ntistics Administration. \nstatus crime. St:e CRIME. \nstatus de manerio (stay-t;)s dee m;)-neer-ee-oh). [Law \nLatin \"the state of a manor\"] Hist. The assembly of \ntenants to attend the lord's court. \nstatus offender. See OFFENDER. \nstatus offense. See OFFENSE (1). \nstatus-offense jurisdiction. See JURISDICTION. \nstatus ofirremovability. Hist. A pauper's right not to be \nremoved from a parish after residing there for one year. \nCf. SETTLEMENT (6). \nstatus quo (stay-t;)s or stat-;)s kwoh). [Latin \"statt: in \nwhich\"] (1807) The situation that currently exists. \nstatus quo ante (stay-t;)s kwoh an-tee). [Latin \"state in \nwhich previously\"] (1877) The situation that existed \nbefore something else (being discussed) occurred. \nstatutable (stach-;)-t;)-b;)l), adj. (I7c) 1. Prescribed or \nauthorized by statute. 2. Conforming to the legislative \nrequirements for quality, size, amount, or the like. 3. \n(Ofan offense) punishable by law. See STATUTORY. \nstatute. (I4c) A law passed by a legislative body; specif., \nlegislation enacted by any lawmaking body, including \nlegislatures, administrative boards, and municipal \n\n1543 statute \ncourts. -The term act is interchangeable as a synonym. \nFor each of the subentries listed below, act is some\ntimes substituted for statute. -Abbr. S.; stat. [Cases: \nStatutes \n\"[Wle are not justified in limiting the statutory law to those \nrules only which are promulgated by what we commonly \ncall 'legislatures.' Any positive enactment to which the \nstate gives the force of a law is a 'statute,' whether it has \ngone through the usual stages of legislative proceedings, \nor has been adopted in other modes of expressing the \nwill of the people or other sovereign power of the state. In \nan absolute monarchy, an edict of the ruling sovereign is \nstatutory law. Constitutions, being direct legislation by the \npeople, must be included in the statutory law, and indeed \nthey are examples of the highest form that the statute law \ncan assume. Generally speaking, treaties also are statutory \nlaw, because in this country, under the provisions of the \nUnited States Constitution, treaties have not the force of \nlaw until so declared by the representatives of the people.\" \nWilliam M. Lile et aI., BriefMaking and the Use ofLaw Books \n8 (3d ed. 1914). \naffirmative statute. (16c) A law requiring that some\nthing be done; one that directs the doing of an act. \nCf. negative statute. \nalways-speaking statute. See speaking statute. \nalltidejiciellcy statute. See antideficiency legislation \nunder LEGISLATION. \ncodifying statute. (1908) A law that purports to be \nexhaustive in restating the whole ofthe law on a par\nticular topic, including prior caselaw as well as leg\nislative provisions. -Courts generally presume that \na codifying statute supersedes prior caselaw. Cf. con\nsolidating statute. \ncompiled statutes. Laws that have been arranged by \nsubject but have not been substantively changed; \nCOMPILATION (2). Cf. revised statutes. \n''The term 'compiled statutes' is properly applied to a \nmethodical arrangement, without revision or reenact\nment, of the existing statutes of a State, all the statutes \non a given subject being collected in one place. The work \nis usually performed by private persons; and the former \nstatutes, as they were before the compilation, remain the \nauthority.\" Frank Hall Childs, Where and How to Find the \nLaw 12 (1922). \nconsolidating statute. (1886) A law that collects the \nlegislative provisions on a particular subject and \nembodies them in a Single statute, often with minor \namendments and drafting improvements . Courts \ngenerally presume that a consolidating statute leaves \nprior case1aw intact. Cf. codifying statute. \n\"A distinction of greater importance in this field is that \nbetween consolidating and codifying statutes. A consoli \ndating statute is one which collects the statutory provisions \nrelating to a particular topic, and embodies them in a single \nAct of Parliament, making only minor amendments and \nimprovements. A codifying statute is one which purports \nto state exhaustively the whole of the law on a particular \nsubject (the common law as well as previous statutory pro\nvisions). .. The importance of the distinction lies in the \ncourts' treatment of the previous case law, the existence of \nspecial procedural provisions with regard to consolidating \nstatutes and the existence of a presumption that they do \nnot change the law.\" Rupert Cross, Statutory Interpretation \n5 (1976). construction statute. A legislative directive included in \na statute, intended to guide or direct a court's inter\npretation of the statute. _ A construction act can, for \nexample, be a simple statement such as \"The word \n'week' means seven consecutive days\" or a broader \ndirective such as \"Words and phrases are to be read \nin context and construed according to the rules of \ngrammar and common usage. \"Vords and phrases \nthat have acquired a technical or particular meaning, \nwhether by legislative definition or otherwise, are to \nbe construed accordingly.\" [Cases: Statutes (:::> 179.] \ncriminal statute. (18c) A law that defines, classifies, and \nsets forth punish ment for one or more specific crimes. \nSee PENAL CODE. [Cases: Statutes C='241.] \ncurative statute.!. An act that corrects an error in a \nstatute's original enactment, usu. an error that inter\nferes with interpreting or applying the statute. Cf. \nvalidating statute. [Cases: Statutes (''-='236,278.11.] \n2. See remedial statute. \ndeclaratory statute. (17c) Alaw enacted to clarify prior \nlaw by reconciling conflicting judicial decisions or \nby explaining the meaning ofa prior statute. -Also \ntermed expository statute. [Cases: Statutes C=>236, \n278.11.] \ndirectory statute. (1834) A law that indicates only what \nshould be done, with no proviSion for enforcement. \nCf. mandatory statute: permissive statute. [Cases: \nStatutes C=>227.] \ndisabling statute. (I8c) A law that limits or curbs \ncertain rights. \nenabling statute. (18c) A law that permits what was \npreviously prohibited or that creates new powers; \nesp., a congressional statute conferring powers on an \nexecutive agency to carry out various delegated tasks. \n[Cases: Administrative Law and Procedure C-::>305; \nStatutes (:':::>219.] \nexpository statute. See declaratory statute. \ngeneral statute. (16c) A law pertaining to an entire \ncommunity or all persons generally. -Also termed \npublic statute. See PUBLIC LAW (2). [Cases: Statutes \nC=>68.] \nimperfect statute. (1847) A law that prohibits, but does \nnot render void, an objectionable transaction. -Such \na statute provides a penalty for disobedience without \ndepriving the violative transaction of its legal effect. \nlocal statute. 1. See LOCAL LAW (1). 2. See LOCAL I,AW \n(2). \nmandatory statute. (18c) A law that requires a course \nofaction as opposed to merely permitting it. Cf. direc\ntory statute; permissive statute. [Cases: Statutes \n227.] \nmodel statute. See uniform statute. \nnegative statute. (16c) A law prohibiting something; \na law expressed in negative terms. Cf. affirmative \nstatute. \n\nstatute 1544 \nnonclaim statute. (18c) 1. STATUTE OF LIMITATIONS. \n2. A law that sets a time limit for creditors to bring \nclaims against a decedent's estate . Unlike a statute \nof limitations, a nonclaim statute is usu. not subject \nto tolling and is not waivable. [Cases: Executors and \nAdministrators C-:::'223, 225.] \norganic statute. (1856) A law that establishes an admin\nistrative agency or local government. -Also termed \norganic act. Cf. ORGANIC LAW. \npenal statute. (16c) A law that defines an offense and \nprescribes its corresponding fine, penalty, or pun\nishment. -Also termed penal law; punitive statute. \n[Cases: Statutes C:=>241.] \n\"It is a familiar and wellsettled rule that penal statutes are \nto be construed strictly, and not extended by implications, \nintendments, analogies, or equitable considerations. Thus, \nan offense cannot be created or inferred by vague implica\ntions. And a court cannot create a penalty by construction, \nbut must avoid it by construction unless it is brought within \nthe letter and the necessary meaning of the act creating \nit.\" Henry Campbell Black, Handbook on the Construction \nand Interpretation of the Laws 287 (1896). \npermanent statute. See perpetual statute. \npermissive statute. A statute that allows certain acts \nbut does not command them. A permissive statute \ncreates a license or privilege, or allows discretion in \nperforming an act. Cf. directory statute; mandatory \nstatute. [Cases: Statutes 0227.] \nperpetual statute. (16c) A law containing no provision \nfor repeal, abrogation, or expiration. -Also termed \npermanent statute. Cf. temporary statute (1). \npersonal statute. Civil law. A law that primarily affects \na person's condition or status (such as a statute \nrelating to capacity or majority) and affects property \nonly incidentally. \npreceptive statute. A statute that is prescriptive, general, \ndefinite, and complete. In form, a preceptive statute \nis similar to a rule. \nprivate statute. See special statute. \nprohibitive statute. A statute that forbids all acts that \ndisturb society's peace or forbids certain acts on other \ngrounds. An example ofa noncriminal prohibitive \nstatute is one forbidding the execution of a mentally \nretarded criminal because a person who lacks mental \ncapacity cannot understand the reason for the pun\nishment. \nprospective statute. (1831) A law that applies to future \nevents. \npublic statute. See PUBLIC LAW (2). \npunitive statute. See penal statute. \nquasi-statute. An executive or administrative order, or \na regulation promulgated by a governmental agency, \nthat has the binding effect of legislation. [Cases: \nAdministrative Law and Procedure C:=>417.] \n\"Quasi-Stat"}
{"text": "effect of legislation. [Cases: \nAdministrative Law and Procedure C:=>417.] \n\"Quasi-Statutes. Executive and administrative orders by \nthe government as well as military regulations, while not \ncalled statutes, not originating as statutes usually do, are, \nnevertheless, in force and effect, laws. Copies of general \norders and proclamations are issued to the public press for publication, but military regulations may for public reasons \nbe kept private.\" Jesse Franklin Brumbaugh, Legal Reason\ning and Briefing 223 (1917). \nreal statute. Civil law. A law primarily affecting the \noperation, status, and condition of property, and \naddressing persons only incidentally. \nrecording statute. See RECORDING ACT. \nreference statute. A law that incorporates and adopts \nby reference provisions ofother laws. [Cases: Statutes \nC:=>51.] \nremedial statute. (18c) A law that affords a remedy. \nAlso termed curative statute. [Cases: Statutes C:=>236, \n278.11.] \nrepealing statute. A statute that revokes, and some\ntimes replaces, an earlier statute . A repealing statute \nmay work expressly or by implication. [Cases: Statutes \n0151, 158.] \nrestraining statute. See disabling statute. \nretroactive statute. See RETROACTIVE LAW. \nretrospective statute. See RETROACTIVE LAW. \nrevised statutes. (18c) Laws that have been collected, \narranged, and reenacted as a whole by a legisla\ntive body. -Abbr. Rev. Stat.; R.S. See CODE (1). Cf. \ncompiled statutes. [Cases: Statutes C:=> 144-148, \n231.] \nrevival statute. (1899) A law that provides for the \nrenewal of actions, of wills, and of the legal effect \nof documents . A revival statute cannot resurrect \na time-barred criminal prosecution. Stegner v. Cali\nfornia, 539 U.S. 607, 123 S.Ct. 2446 (2003). \nseverable statute. (1930) A law that remains operative \nin its remaining provisions even if a portion of the \nlaw is declared unconstitutional. [Cases: Statutes (::::;, \n64.] \nsingle-act statute. See LONG-ARM STATUTE. \nspeaking statute. (2000) A statute to be interpreted in \nlight of the understanding of its terms prevailing at \nthe time of interpretation. -Also termed always\nspeaking statute. \nspecial statute. (17c) A law that applies only to specific \nindividuals, as opposed to everyone. -Also termed \nprivate statute. [Cases: Statutes C:=>77-104.] \n\"It is ancient wisdom, tracing back at least as far as the \nRoman taboo against the privilegium, that laws ought \nto be general, they ought to be addressed, not to par\nticular persons, but to persons generally or to classes of \npersons (say, 'all householders'). Accordingly, a number of \nAmerican states have inserted in their constitutions pro\nhibitions against 'private or special' statutes. These have \ngiven rise to endless difficulties.\"' Lon L. Fuller, Anatomy of \nthe Law 102-03 (1968). \nsplit-level statute. (1980) A law that includes officially \npromulgated explanatory materials in addition to its \nsubstantive provisions, so that courts are left with two \nlevels ofdocuments to construe. \nstatute ofdescent and distribution. See STATUTE OF \nDISTRIBUTION. \n\n1545 statute of frauds \nstatute ofdistribution. See STATUTE OF DISTRIBU\nTION. \nstatute offrauds. See STATUTE OF FRAUDS. \ntemporary statute. (17c) I. A law that specifically \nprovides that it is to remain in effect for a fixed, \nlimited period. Cf. perpetual statute. [Cases: Statutes \nC=> 172.] 2. A law (such as an appropriation statute) \nthat, by its nature, has only a Single and temporary \noperation. \nuniform statute. A law drafted with the intention that \nit will be adopted by aU or most of the states; esp., \nUNIFORM LAW. -Also termed model statute; uniform \nact. Cf. MODEL ACT. [Cases: Statutes (>='226.] \nvalidating statute. (1882) A law that is amended either \nto remove errors or to add provisions to conform to \nconstitutional requirements. -Also termed valida\ntion statute. Cf. curative statute. [Cases: Statutes \n52,236.] \nstatute book. (16c) A bound collection of statutes, usu. \nas part of a larger set of books containing a complete \nbody of statutory law, such as the United States Code \nAnnotated. \nstatute fair. Hist. A fair during which the fixed labor \nrates were announced and laborers ofboth sexes offered \nthemselves for hire. Also termed mop fair. \nstatute law. See STATUTORY LAW. \nstatute-making. See LEGlSLATIO~ (1). \nstatute merchant. Hist. 1. (cap.) One oftwo 13th-century \nstatutes establishing procedures to better secure and \nrecover debts by, among other things, providing for a \ncommercial bond that, if not timely paid, resulted in \nswift execution on the debtor's lands, goods, and body. \n13 Edw. I, ch. 6 (1283); 15 Edw. I, ch. 6 (1285). These \nstatutes were repealed in 1863. Also termed pocket \njudgment. 2. The commercial bond so established. Cf. \nSTATUTE STAPLE. \n\"It is not a little remarkable that our common law knew no \nprocess whereby a man could pledge his body or liberty \nfor payment of a debt .... Under Edward I, the tide turned. \nIn the interest of commerce a new form of security, the \nso-called 'statute merchant: was invented, which gave the \ncreditor power to demand the seizure and imprisonment \nof his debtor's body.\" 2 Frederick Pollock & Frederic W. \nMaitland, The History of English Law Before the Time of \nEdward /596-97 (2d ed. 1899). \nstatute mile. See MILE (1). \nStatute of Accumulations. Hist. A statute forbidding \nthe accumulation, beyond a certain period, ofproperty \nsettled by deed or will. 39 & 40 Geo. 3, ch. 98 (1800). \nStatute ofAllegiance de Facto. Hist. A statute requiring \nsubjects to give allegiance to the actual (de facto) king, \nand protecting them in so doing. 11 Hen. 7, ch. 1. \nStatute of Amendments and Jeofails (jef-aylz). Hist. \nOne of several 15th-and 16th-century statutes allowing \na party who acknowledges a pleading error to correct it. \n1 Hen. 5, ch. 5 (1413); 32 Hen. 8, ch. 30 (1540); 37 Hen. \n8, ch. 6 (1545). See JEOFAIL. Statute of Anne. Hist. English law. 1. The Copyright \nAct of 1709, which first granted copyright protection \nto book authors. 8 Anne, ch. 19 (1709). 2. The statute \nthat modernized the English bankruptcy system and \nfirst introduced the discharge of the debtor's existing \ndebts. 4 Anne, ch. 17 (1705). \nstatute of bread and ale. See ASSISA PANIS ET CEREVI\nSlAB. \nstatute of distribution. (I8c) A state law regulating the \ndistribution ofan estate among an intestate's heirs and \nrelatives. Historically, the statute specified separate, \nand often different, patterns for distributing an intes\ntate's real property and personal property. Generally, \nland descended to the heirs and personalty descended \nto the next of kin. Also termed statute ofdescent \nand distribution. [Cases: Descent and Distribution \n1-43.] \nStatute of Elizabeth. Hist. English law. A 1571 penal \nstatute that contained provisions against conveyances \nmade to defraud creditors. 13 Eliz., ch. 5 . The funda\nmental provisions of this statute formed the basis for \nmodern laws against fraudulent conveyances. \nstatute of frauds. (18c) 1. Hist. (cap.) A 1677 English \nstatute that declared certain contracts judicially unen\nforceable (but not void) if they were not committed \nto writing and Signed by the party to be charged. \nThe statute was entitled \"An Act for the Prevention of \nFrauds and Perjuries\" (29 Car. 2, ch. 3). -Also termed \nStatute ofFrauds and Perjuries. \n\"The best known, and until recently, most important. \nAct prescribing written formalities for certain contracts \nonly required that those contracts should be evidenced in \nwriting, or to put it another way, that the contract would \nbe unenforceable in a Court (but not \\loid) in the absence \nof writing. This was the Statute of Frauds 1677, sections 4 \nand 17 of which required written evidence of a somewhat \ncurious list of contracts. Today, all that is left of these pro\nvisions is that part of section 4, which requires contracts \nof guarantee to be evidenced in writing, and section 40 of \nthe Law of Property Act 1925 (replacing another part of \nsection 4), which deals with contracts of sale of an interest \nin land.\" P.S. Atiyah. An Introduction to the Law ofContract \n141 (3d ed. 1981). \n2. A statute (based on the English Statute of Frauds) \ndeSigned to prevent fraud and perjury by requiring \ncertain contracts to be in writing and signed by the \nparty to be charged . Statutes of frauds traditionally \napply to the following types of contracts: (1) a contract \nfor the sale or transfer of an interest in land, (2) a \ncontract that cannot be performed within one year of \nits making, (3) a contract for the sale of goods valued at \n$500 or more, (4) a contract of an executor or adminis\ntrator to answer for a decedent's debt, (5) a contract to \nguarantee the debt or duty of another, and (6) a contract \nmade in consideration of marriage. UCC  2-201. \nAbbr. S/F; SOF. [Cases: Frauds, Statute of~'\"')1-118.1 \n\"[Tlhe primary theory of statutes of frauds, past and \npresent, is that they are means to the end of preventing \nsuccessful courtroom perjury. The means to this end is \nsimply the requirement of a writing signed by the party to \nbe charged.... [Blut the statute of frauds writing require\nment is ... so far from any kind of guarantee against \n\n1546 Statute of Frauds and Perjuries \nsuccessful perjury that it is inappropriate even to call it \na means to fraud prevention at all.\" 1 james j. White & \nRobert S. Summers, Uniform Commercial Code  2-8, at \n82 (4th ed. 1995). \nStatute ofFrauds and Perjuries. See STATUTE OF FRAUDS \n(1). \nStatute ofGloucester (glos-tJr). Hist. English law. A 1278 \nstatute providing for the award ofcosts in legal actions. \n6 Edw., ch. 1. \nstatute ofjeofails (jef-aylz). A law permitting a litigant \nto acknowledge an error in a pleading and correct or \namend the pleading without risking dismissal of the \nclaim. See JEOFAIL. \nstatute of limitations. (lSc) 1. A law that bars claims \nafter a specified period; speci., a statute establishing \na time limit for suing in a civil case, based on the date \nwhen the claim accrued (as when the injury occurred \nor was discovered) . The purpose ofsuch a statute is to \nrequire diligent prosecution ofknown claims, thereby \nproviding finality and predictability in legal affairs and \nensuring that claims will be resolved while evidence \nis reasonably available and fresh. -Also termed \nnonclaim statute; limitations period. [Cases: Limita\ntion of Actions ~1.1 \n\"Statutes of limitations, like the equitable doctrine of laches, \nin their conclusive effects are designed to promotejustice \nby preventing surprises through the revival of claims that \nhave been allowed to slumber until evidence has been lost, \nmemories have faded, and witnesses have disappeared.\" \nOrder of R.R. Telegraphers v. Railway Express Agency, 321 \nU.S. 342, 348-49,64 S.Ct. 582, 586 (1944). \n2. A statute establishing a time limit for prosecuting a \ncrime, based on the date when the offense occurred. -\nAbbr. S/L; SOL. Cf. STATUTE OF REPOSE. [Cases: \nCriminal Law ~145.5-160.] \n\"The purpose of a statute of limitations is to limit exposure \nto criminal prosecution to a certain fixed period of time \nfollowing the occurrence of those acts the legislature had \ndecided to punish by criminal sanctions. Such a limitation \nis designed to protect individuals from having to defend \nthemselves against charges when the basic facts have \nbecome obscured by the passage of time and to minimize \nthe danger of official punishment because of acts in the far\ndistant past. Such a time limit may also have the salutary \neffect of encouraging law enforcement officials promptly \nto investigate suspected criminal activity.\" Toussie v. United \nStates, 397 U.S. 112,90 S.Ct. 858 (1970). \nStatute of Monopolies. Hist. A 1624 act of the English \nParliament banning the Crown's practice of granting \nmonopolies with the single exception ofletters patent, \nwhich gave an inventor the exclusive right to make and \nuse the invention for 14 years. 21 Jac. 1, ch. 3. \nstatute of mortmain. See MORTMAIN STATUTE. \nstatute ofrepose. (l8c) A statute barring any suit that is \nbrought after a specified time since the defendant acted \n(such as by designing or manufacturing a product), \neven ifthis period ends before the plaintiff has suffered \na resulting injury. C. STATUTE OF LIMITATIONS"}
{"text": "a product), \neven ifthis period ends before the plaintiff has suffered \na resulting injury. C. STATUTE OF LIMITATIONS. [Cases: \nLimitation of Actions ~1.] \n\"A statute of repose ... limits the time within which an \naction may be brought and is not related to the accrual \nof any cause of action; the injury need not have occurred, much less have been discovered. Unlike an ordinary statute \nof limitations which begins running upon accrual of the \nclaim, the period contained in a statute of repose begins \nwhen a specific event occurs, regardless of whether a cause \nof action has accrued or whether any injury has resulted.\" \n54 c.j.S. Limitations ofActions  4, at 20-21 (1987). \nStatute ofUses. Hist. An English statute of 1535 that con\nverted the equitable title held by a cestui que use (i.e., \na beneficiary) to a legal one in order to make the cestui \nque use liable for feudal dues, as only a legal owner (the \nfeoffee to uses) could be. 27 Hen. 8, ch. 10. This statute \nwas the culmination ofa series ofenactments designed \nby the Tudors to stop the practice of creating uses in \nland that deprived feudal lords of the valuable incidents \noffeudal tenure. The statute discouraged the granting \nof property subject to another's use by deeming the \nperson who enjoys the use to have legal title with the \nright ofabsolute ownership and possession. So after the \nstatute was enacted, if A conveyed land to B subject to \nthe use ofC, then C became the legal owner ofthe land \nin fee simple. Ultimately, the statute was circumvented \nby the courts' recognition ofthe use ofequitable trusts \nin land-conveyancing. See CESTUI QUE USE; GRANT TO \nUSES; USE (4). \n\"The Statute of 27 H.8. hath advanced Uses, and hath \nestablished Surety for him that hath the Use against the \nFeoffees: for before the Statute the Feoffees were Owners \nof the Land, but now it is destroyed, and the cestuy que use \nis the Owner of the same: before the Possession ruled the \nUse, but since the Use governeth the Possession.\" William \nNoy, A Treatise of the Principal Grounds and Maxims of \nthe Laws of This Nation 73 (4th ed. 1677; repro C. Sims \ned., 1870). \nStatute ofWestminster the First. See WESTMINSTER THE \nFIRST, STATUTE OF. \nstatute ofwills. (l7c) 1. (cap.) An English statute (enacted \nin 1540) that established the right ofa person to devise \nreal property by will. -Also termed Wills Act. 2. A \nstate statute, usu. derived from the English statute, \nproviding for testamentary disposition and if certain \nrequirements for valid execution in that jurisdiction \nare met. [Cases: Wills ~1-20.] \nStatute of Winchester. See WINCHESTER, STATUTE OF. \nStatute of York. See YORK, STATUTE OF. \nstatute roll. Hist. A roll upon which a statute was \nformally entered after receiving the royal assent. \nStatutes at Large. An official compilation of the acts \nand resolutions that become law from each session of \nCongress, printed in chronological order. \nstatute staple. Hist. 1. A 1353 statute establishing pro\ncedures for settling disputes among merchants who \ntraded in staple towns. The statute helped mer\nchants receive swift judgments for debt. C. STATUTE \nMERCHANT. 2. A bond for commercial debt.  A statute \nstaple gave the lender a possessory right in the land ofa \ndebtor who failed to repay a loan. See STAPLE. \n\"A popular form of security after 1285 ... was the ... \n'statute staple' -whereby the borrower could by means \nof a registered contract charge his land and goods without \ngiving up possession; if he failed to pay, the lender became \na tenant of the land until satisfied .... The borrower \n\n1547 statutory period \nunder a statute or recognizance remained in possession \nof his land, and it later became a common practice under \nthe common-law forms of mortgage likewise to allow the \nmortgagor to remain in possession as a tenant at will or at \nsufferance of the mortgagee.\" J.H. Baker, An Introduction \nto English Legal History 354 (3d ed. 1990). \nstatuti (st<l-t[yJoo-tr), n. pI. [Latin] Roman law. Licensed \nofficials, esp. advocates, whose names are inscribed in \nregisters of matriculation, forming part of the college \nofadvocates. Cf. SUPERNUMERARll. \nstatuto mercatorio. See DE STATUTO MERCATORIO. \nstatutory (sta4:h-<l-tor-ee), adj. (18c) 1. Of or relating to \nlegislation <statutory interpretation>. 2. Legislatively \ncreated <the law of patents is purely statutory>. 3. Con\nformable to a statute <a statutory act>. \nstatutory a4:tion. See ACTION (4). \nstatutory agent. See AGENT (2). \nstatutory arson. See ARSON (2). \nstatutory bar. Patents. A patent law provision that \ndenies patent protection to inventors who wait too \nlong to apply. -This \"loss of right\" may occur when \nan inventor publishes an article about the work, sells it, \noffers it for sale, or makes public use of the invention. \nThe inventor has one year after the disclosure to apply \nfor a patent. See BAR (7). Cf. GRACE PERIOD (2). [Cases: \nPatents (;=>80.] \nstatutory bond. 1. See BOND (2). 2. See BOND (3). \nstatutory burglary. See BURGLARY (2). \nstatutory 4:onstruction. (1813) 1. The act or process of \ninterpreting a statute. 2. Collectively, the principles \ndeveloped by courts for interpreting statutes. Also \ntermed statutory interpretation. See CONSTRUCTION (2). \n[Cases: Statutes (;:\":::'l74-247.] \n\"[Tlhere is not, and probably never can be, anything \nmeriting the description of a coherent body of caselaw \non statutory interpretation as a whole as distinct from the \ninterpretation of a particular statute.\" Rupert Cross, Statu \ntory Interpretation 39 (1976). \nstatutory contract. See CONTRACT. \nstatutory crime. See CRIME. \nstatutory damages. See DAMAGES. \nstatutory dedication. See DEDICATION. \nstatutory deed. See DEED. \nstatutory disclaimer. See DISCLAIMER. \nstatutory double patenting. See DOUBLE PATENTING. \nstatutory double-patenting rejection. See REJECTION. \nstatutory employee. See EMPLOYEE. \nstatutory employer. See EMPLOYER. \nstatutory exception. See EXCEPTION (2). \nstatutory exclusion. Criminal procedure. The removal, \nby law, of certain crimes from juvenile-court jurisdic\ntion. _ Many states now remove certain particularly \nserious crimes committed by older juveniles from the \njurisdiction ofthe juvenile courts. In this kind ofcase, \nthe juvenile court never has jurisdiction, so a transfer hearing is not required or necessary. Cf MANDATORY \nWAIVER. [Cases: Infants (;=>68.5, 68.7.] \nstatutory exposition. (1854) A statute's special interpre\ntation ofthe ambiguous terms of a previous statute <the \nstatute contained a statutory exposition of the former \nact>. \nstatutory extortion. See EXTORTION. \nstatutory forced share. See ELECTIVE SHARE. \nstatutory foreclosure. See power-oj-sale Joreclosure \nunder FORECLOSURE. \nstatutory guardian. See GUARDIAN. \nstatutory homestead. See constitutional homestead \nunder HOMESTEAD. \nstatutory insolvency. See BANKRUPTCY (3). \nstatutory instrument. A British administrative regu\nlation or order; an order or regulation issued by an \nauthority empowered by statute to do so, usu. to give \ndetailed effect to the statute. \nstatutory interpretation. See STATUTORY CONSTRUC\nTION. \nstatutory invention registration. Patents. An official pro\ncedure for placing an invention in the public domain by \npublishing the patent abstract (which is included with \nthe invention's original application) in the U.S. Patent \nand Trademark Office's Official Gazette, thus making \nthe abstract a prior-art reference as of the application's \nfiling date. -The process results in abandonment of the \npatent application. If an alternative form ofdisclosure \nis used, the prior-art references's effective date is the \ndate of publication. 35 USCA  157. Abbr. SIR. See \nDEFENSIVE DISCLOSURE. [Cases: Patents (;=> 115.] \nstatutory law. (l7c) The body oflaw derived from statutes \nrather than from constitutions or judicial decisions. \nAlso termed statute law; legislative law; ordinary law. \nCf. COMMON LAW (1); CONSTITUTIONAL LAW. \nstatutory liability. See LIABILITY. \nstatutory lien. See LIEN. \nstatutory merger. See MERGER. \nstatutory obligation. See OBLIGATION. \nstatutory omnibus clause. See OMNIBUS CLAUSE. \nstatutory partnership assodation. See PARTNERSHIP \nASSOCIATION. \nstatutory penalty. See PENALTY (1). \nstatutory period. 1. A time limit specified in a statute; \nesp., the period prescribed in the relevant statute of \nlimitations. -This period includes, in addition to a \nfixed number ofyears, whatever time local law allows \nbecause of infancy, insanity, coverture, and other like \ncircumstances. [Cases: Limitation of Actions 1.] \n2. Patents. The time available to a patent applicant to \nanswer an examiner's office action. -Since the six\nmonth period is set by statute, it cannot be extended \nbut it can be shortened to as few as 30 davs. 35 USCA \n 133. Cf. SHORTENED STATUTORY PERiOD. [Cases: \nPatents (;=>104.] \n\n1548 statutory presumption \nstatutory presumption. See PRESUMPTION. \nstatutory rape. See RAPE. \nstatutory rate. See MECHANICAL ROYALTY. \nstatutory receiver. See RECEIVER. \nstatutory redemption. See REDEMPTION. \nstatutory release. Hist. A conveyance superseding the \ncompound assurance by lease and release, created by \nthe Conveyance by Release Without Lease Act of 1841 \n(St. 4 & 5 Vict., ch. 21). \nstatutory right of redemption. (1857) The right of a \nmortgagor in default to recover property after a fore\nclosure sale by paying the principal, interest, and other \ncosts that are owed, together with any other measure \nrequired to cure the default. This statutory right \nexists in many states but is not uniform. See EQUITY \nOF REDEMPTION; REDEMPTION (4). [Cases: Mortgages \n(>591-624.] \nstatutory share. See ELECTIVE SHARE. \nstatutory staple. Hist. A writ to seize the lands, goods, \nand person of a debtor for forfeiting a statute staple. \nSee STATUTE STAPLE. \nstatutory subject matter. See PATENTABLE SUBJECT \nMATTER. \nstatutory successor. See SUCCESSOR. \nstatutory tenant. See TENANT. \nstatuto stapulae. See DE STATUTO STAPULAE. \nstatutum (st~-t[y]oo-t~m), adj. Established; deter\nmined. \nstatutum, n. 1. Hist. An act of Parliament, esp. one that \nhas been approved by the monarch. Cf. ACTUS (2). 2. \nRoman law. An ordinance; esp., an imperial law. \nStatutum de Nova Custuma (st~-t[y]oo-t~m dee noh-v~ \nk;)s-ch~-m;) or k~s-tp-m~). See CARTA MERCATORIA. \nstay, n. (l6c) 1. The postponement or halting of a pro\nceeding, judgment, or the like. 2. An order to suspend \nall or part of a judicial proceeding or a judgment \nresulting from that proceeding. -Also termed stay \nofexecution; suspension ofjudgment. [Cases: Action \n(>67; Execution (>158; Federal Civil Procedure (> \n2700.] -stay, vb. -stayable, adj. \nautomatic stay. Bankruptcy. A bar to all judicial and \nextrajudicial collection efforts against the debtor or \nthe debtor's property, subject to specific statutory \nexceptions. 11 USCA  362 (a)-(b) . The policy \nbehind the automatic stay, which is effective upon the \nfiling of the bankruptcy petition, is that all actions \nagainst the debtor should be halted pending the deter\nmination ofcreditors' rights and the orderly admin\nistration of the debtor's assets free from creditor \ninterference. -Also termed automatic suspension. \n[Cases: Bankruptcy (>2391-2404.] \nstay-away order. 1. In a domestic-violence case, an \norder forbidding the defendant to contact the victim. \n A stay-away order usu. prohibits the defendant from \ncoming within a certain number offeet ofthe victim's home, school, work, or other specific place. Stay-away \norders are most often issued in criminal cases. [Cases: \nBreach ofthe Peace C=>16.]2. RESTRAINING ORDER (1). \n3. In a juvenile-delinquency case, an order prohibit\ning a youthful offender from frequenting the scene of \nthe offense or from being in the company of certain \npersons. -Also termed no-contact order; stay-away \norder ofprotection. \nstay ofexecution. See STAY. \nstay of mandate. 1. The suspension of a"}
{"text": "ofprotection. \nstay ofexecution. See STAY. \nstay of mandate. 1. The suspension of a lower court's \norder of execution, imposed by a higher court. 2. An \nappellate court's suspension of its own judgment for \nreconsideration. \nstayor. Rare. Tennessee law. A surety for a judgment. \nstay-put rule. School law. The principle that a child must \nremain in his or her current educational placement \nwhile an administrative claim under the Individuals \nwith Disabilities Education Act (usu. for an alternative \nplacement or for mainstreaming) is pending. 20 USCA \n 1415(j). [Cases: Schools (>148(2.1).] \nSTB. abbr. SURFACE TRANSPORTATION BOARD. \nSTD. abbr. SEXUALLY TRANSMITTED DISEASE. \nsteady course. Maritime law. A ship's path that can \nbe readily ascertained either because the ship is on a \nstraight heading or because the ship's future positions \nare easy to plot based on the ship's current position and \nmovements. [Cases: Collision (>35-38.J \nsteal, vb. (bef. 12c) 1. To take (personal property) illegally \nwith the intent to keep it unlawfully. [Cases: Larceny \n(>1.] 2. To take (something) by larceny, embezzle\nment, or false pretenses. \nstealth. 1. Hist. Theft; an act or instance of stealing. \nEtymologically, this term is the noun corresponding \nto the verb steal. \n\"Stealth is the wrongful taking of goods without pretence of \ntitle: and therefore altereth not the property, as a trespass \ndoth, so as upon an appeal the party shall re-have them.\" \nSir Henry Finch, Law, ora Discourse Thereof210 (1759). \n2. Surreptitiousness; furtive slyness. \nstealth juror. See JUROR. \nsteganography (steg-~-nog-r~-fee), n. A cryptographic \nmethod that digitally embeds or encodes one item of \ninformation within another.  Because digitized audio \nor visual files usu. have unused data areas, indelible \n(and nearly undetectable) information can be added \nwithout altering the file's quality. Copyright or trade\nmark tags can be hidden in every fragment ofa digital \nwork, making disassociation almost impossible. -Also \ntermed digital fingerprinting; digital watermarking. \nstellionatus (stel-ee-~-nay-t<ls or stel-Y<l-). [Latin \"under\nhand dealing\"] Roman & Scots law. Conduct that is \nfraudulent but does not fall within a specific class of \noffenses. This term applies primarily to fraudulent \npractices in the sale or hypothecation ofland. -Also \ntermed (in Scots law) stellionate. Cf. COZENING . \n\"Though pignus and hypothec are almost different names \nfor the same thing, there were differences. Hypothec was \n\nused mainly for land, which cannot be removed. A thing \ncould be pledged only to one, but successive hypothecs \nmight be created over a thing. There was no fraud in this \nbut it was the offence of stellionatus to give a hypothec \nwithout declaring existing hypothecs.\" W.w. Buckland, A \nManual ofRoman Private Law 355 (2d ed. 1953). \n\"STELLIONATE  is a term applied, in the law of Scotland, \neither to any crime which, though indictable, goes under \nno general denomination, and is punishable arbitrarily, or \nto any civil delinquency of which fraud is an ingredient. \nThose, e.g., who grant double conveyances of the same \nsubject, are guilty of this crime. , . and are punishable \narbitrarily in their persons and goods, besides becoming \ninfamous.\" William Bell, Bell's Dictionarv and Digest of the \nLaw ofScotland 940 (George Watson ed., 1882). \nstenographer's record. See reporter's record under \nRECORD. \nstent, n. Scots law. A property assessment made for \ntaxation purposes. \nstent, vb. Scots law. To assess or charge (a person or com\nmunity) for taxation purposes. \nstepbrother. See BROTHER. \nstepchild. See CHILD. \nstepfather. See FATHER. \nstep-in-the-dark rule. (1955) Torts. The contributory\nnegligence rule that a person who enters a totally unfa\nmiliar area in the darkness has a dutv, in the absence \nofunusual stress, to refrain from proc~eding until first \nascertaining whether any dangerous obstacles exist. \nSee contributory negligence under NEGLIGENCE. [Cases: \nNegligence (;::::> 1286(8).] \nstepmother. See MOTHER. \nstepparent. See PARENT. \nstepparent adoption. See ADOPTION. \nstepped-up basis. See BASIS. \nstepped-up visitation. See VISITATION. \nstep-rate-premium insurance. See INSURANCE. \nstepsister. See SISTER. \nstep-transaction doctrine. A method used by the \nInternal Revenue Service to determine tax liability by \nviewing the transaction as a whole, and disregarding \none or more nonsubstantive, intervening transactions \ntaken to achieve the final result. Also termed \ntransaction approach. [Cases: Internal Revenue \n3071.] \nsterilization. 1. The act of making (a person or other \nliving thing) permanently unable to reproduce. 2. The \nact of depriving (a person or other living thing) of \nreproductive organs; esp., castration. Also termed \n(in both senses) asexualization. [Cases: Abortion and \nBirth Control (;::::> 133; Mental Health \nsterling, adj. 1. Of or conforming to a standard of \nnational value, esp. of English money or metal <a \npound sterling>. 2. (Of an opinion, value, etc.) valuable; \nauthoritative <a sterling report>. \nstet (stet), n. [Latin \"let it stand\"] (I8c) 1. An order staying \nlegal proceedings, as when a prosecutor determines not to proceed on an indictment and places the case on a \nstet docket.  The term is used chiefly in Maryland. 2. \nAn instruction to leave a text as it stands. \nstet processus (stet prd-ses-,n), n. [Law Latin \"let the \nprocess stand\"] Hist. 1. A record entry, similar to a nolle \nprosequi, by which the parties agree to stay further pro\nceedings. 2. The agreement between the parties to stay \nthose proceedings . lhis was typically used by a plain\ntiff to suspend an action rather than suffer a nonsuit. \nstevedore (stee-vd-dor). Maritime law. A person or \ncompany that hires longshore and harbor workers to \nload and unload ships. Cf. SEAMAN; LONGSHOREMAN. \n[Cases: Shipping (,~84, no.] \nsteward. 1. A person appointed to manage the affairs \nof another. 2. A union official who represents union \nemployees and who oversees the performance ofunion \ncontracts. -Also termed (in sense 2) union steward; \nshop steward. \nsteward ofall England. Hist. An officer vested with \nvarious powers, including the power to preside over \nthe trial of peers. \nsteward ofa manor. Hist. An officer who handles the \nbusiness matters of a manor, including keeping the \ncourt rolls and granting admittance to copyhold \nlands. \nSteward of Chiltern Hundreds (chil-tdrn). English \nlaw. Formerly, a royal officer charged with protect\ning residents from robbers and thieves who hid in the \nhundreds' wooded areas . Today, a member of Par\nliament can accept this royal appointment as a step \ntoward resigning, which is generally forbidden by \nstatute. By law, for a member to accept this and certain \nother Crown appointments is to forfeit his or her seat. \nA resignation from the office of Steward completes the \nresignation process. \nstickering. Securities. The updating of a prospectus by \naffiXing stickers that contain the new or revised infor\nmation. Stickering avoids the expense of reprinting \nan entire prospectus. \nstickler. Hist. An arbitrator. \nstickup. (1904) An armed robbery in which the victim \nis threatened by the use of weapons. Also termed \nholdup. See armed robbery under ROBBERY. [Cases: \nRobbery~ll.] \nstiffening note. Maritime law. A permit, issued by a \ncustoms collector to the ship's master, that authorizes \nthe receipt and loading of heavy goods necessary to \nballast a vessel before the inward-bound cargo has been \ncompletely unloaded. \nstifling of a prosecution. An illegal agreement, in \nexchange for money or other benefit, to abstain from \nprosecuting a person. [Cases: Compounding Offenses \n(>1.] \nstigma-plus doctrine. The principle that defamation by \na government official is not actionable as a civil-rights \nviolation unless the victim suffers not onlv embarrass\nment but also the loss of a property inte'rest (such as \n\ncontinued employment in a government job). [Cases: \nCivil Rights (;:::> 1038; Constitutional Law (;:::>4040.] \nstill, n. An instrument or apparatus used for making \ndistilled liquor or alcohol. \nstillborn, adj. (Ofan infant) born dead. Also termed \ndeadborn. \nstillicidium (stil-J-sid-ee-Jm), n. [Latin fro stilla \"a \ndrop\" + ,adere \"to fall\"] Roman law. Eavesdropping. \nSee AQUAE IMMITTENDAE; servitus stillicidii under \nSERVITUS. \nstilus curiae (stl-laS kyoor-ee-ee). [Law Latin] Hist. The \nform ofcourt. \nsting. (1976) An undercover operation in which law\nenforcement agents pose as criminals to catch actual \ncriminals engaging in illegal acts. \nstint. 1. English law. Limitation; restriction <a right to \ntake fish from a canal without stint can exist as a profit \nin gross>. \n\"All these species, of pasturable common, may be and \nusually are limited as to number and time; but there are \nalso commons without stint, and which last all the year.\" 2 \nWilliam Blackstone, Commentaries on the Laws ofEng/and \n34 (1766). \n2. A specific quantity of work; the time spent perform\ning a specific activity <he has done his stint>. \nstipend (stl-pend or -p;md). 1. A salary or other regular, \nperiodic payment. 2. A tribute to support the clergy, \nusu. consisting ofpayments in money or grain. [Cases: \nReligious Societies {P27(5).] \nstipendiary estate (su-pen-dee-er-ee). See ESTATE (1). \nstipendiary magistrate. See MAGISTRATE. \nstipendium (stI-pen-dee-Jm), n. [Latin] Roman law. A \nsoldier's regular pay. Cf. SALARIUM. \nstipes (stl-peez), n. [Latin \"a trunk\"] Hist. Family stock; a , \nsource of descent or title. PI. stipites (stip-J-teez). \nstipital (stip-i-tdl), adj. See STIRPITAL. \nstipulated authority. See express authority under \nAUTHORITY (1). \nstipulated damages. See liquidated damages under \nDAMAGES. \nstipulated judgment. See agreed judgment under \nJUDGMENT. \nstipulatio (stip-YJ-Iay-shee-oh), n. [Latin] Roman law. \nAn oral contract requiring a formal question and reply, \nbinding the replier to do what was asked . It is essen\ntial that both parties speak, and that the reply directly \nconforms to the question asked and is made with the \nintent to enter into a contractual obligation. No consid\neration is required. See actio ex stipulatu under ACTIO. \nPI. stipulationes (stip-YJ-Iay-shee-oh-neez). \n\"[I]t must be remembered that the lawforms used by the \nRomans had their origin in times when writing was neither \neasy nor common. It is not surprising, therefore, that \namong them a form of spoken words, a verbal contract, \nshould hold the place which among us is occupied by \nwritten notes. This form ... stipulatio was of a very \nsimple character, consisting only of a question asked by one party, and an answer returned by the other .... \nSuch forms as Spondesne mihi decem aureos dare (do \nyou engage to give me ten aurei, or gold-pieces): answer, \nSpondeo (I engage) ....\" James Hadley, Introduction to \nRoman Law 210 (1881). \n\"The oldest Roman contract was the stipulatio, an oral \npromise made by an answer to an immediately preced\ning question, with the promisor using the same verb. The \ncontract was unilateral. Only one party, the promisor, was \nlegally liable, and he was bound strictly by the words used.\" \nAlan Watson, Ancient Law and Modern Understanding 96 \n(1998). \nstipulatio aquiliana (stip-ya-Iay-shee-oh J-kwil-ee\nay-na). [Latin] Roman law. A type ofstipulatio used to \ncollect and discharge all the liabilities owed on various \ngrounds by a single contract. \n\"[S]tipulatio Aquiliana, a device credited to Aquilius Gallus, \nof Cicero's time. Where two persons with complex rela\ntions between them desired to square or simplify their \naccounts they could work out the items and arrive at \nthe balance .... This balance being paid or otherwise \narranged, each party would then make with the other this \nstipulatio, which was a comprehensive formula ... This \nwould novate all the claims and turn them into a single \npromise, for an incertum. These mutual stipulations might \nthen be released by acceptilatio.\" W.w. Buckland, A Manual \nofRoman Private Law 348 (2d ed. 1953). \nstipulatio juris (stip-p-Iay-shee-oh joor-is). [Latin \n\"stipulatio as to the law\"] The parties' agreement on a \nquestion of law or its applicability . The court is not \nbound to accept the stipulation if it is err"}
{"text": "parties' agreement on a \nquestion of law or its applicability . The court is not \nbound to accept the stipulation if it is erroneous. But \nthe parties are allowed to stipulate the law to be applied \nto a dispute. \nstipulation (stip-YJ-Iay-sh;m), n. (I8c) 1. A material con\ndition or requirement in an agreement; esp., a factual \nrepresentation that is incorporated into a contract as \na term <breach of the stipulation regarding payment \nof taxes>. Such a contractual term often appears in \na section of the contract called \"Representations and \nWarranties.\" [Cases: Contracts (;::~ 173, 207, 218, \n2. A voluntary agreement between opposing parties \nconcerning some relevant point; esp., an agreement \nrelating to a proceeding, made by attorneys represent\ning adverse parties to the proceeding <the plaintiff and \ndefendant entered into a stipulation on the issue oflia\nbility>. A stipulation relating to a pending judicial \nproceeding, made by a party to the proceeding or the \nparty's attorney, is binding without consideration. \n[Cases: Stipulations \n\"Breach of a stipulation should not be confused with mis\nrepresentation, which is a false statement made before \nor at the time the contract is made, and which induces \nthe contract; only if it is incorporated into the contract \ndoes it become a stipulation or term, the breach of which \nwill entitle the injured party to pursue the usual remedies \nwhich are available where there has been a breach of a \nwarranty or of a condition.\" 1 E.W. Chance, Principles of \nMercantile Law 239 (P.W. French ed., 13th ed. 1950). \n\"Stipulations with respect to matters of form and procedure \nserve the convenience of the parties to litigation and often \nserve to simplify and expedite the proceeding. In some \ncases they are supported by the policy of favoring com\npromise in order to reduce the volume of litigation. Hence \nthey are favored by the courts and enforced without regard \nto consideration.\" Restatement (Second) of Contracts  94 \ncmt. a (1979). \n\n1551 \n3. Roman law. A formal contract by which a promisor \n(and only the promisor) became bound by oral question \nand answer. _ By the third century A.D., stipulations \nwere always evidenced in writing. See REUS PROMIT\nTEND!; REUS STIPULANDI. stipulate (stip-ya-layt), \nvb. -stipulative (stip-ya-l<\"l-tiv), adj. \n\"A stipulation consisted in a question and answer, the \nquestion being put by the person who was to acquire a \nright, the answer being given orally by the person who \nundertook the obligation. The matter of the agreement \nbeing stated, the binding words were usually simple; \nthose used by (and peculiar to) Romans being Spondesne? \nor spondes? Spondeo. A stipulation made with a foreigner \nin these terms was invalid. The questioner was called \nstipulator, sometimes reus stipulandi ('[stipulating party]'), \nthe answerer usually promissor (or reus prornittendi [the \npromising party]) ....\" 2 Henry John Roby, Roman Private \nLaw 12 (1902). \nstipulation pour autrui (poor oh-troo-ee). [French \"for \nother persons] Civil law. A contractual provision that \nbenefits a third party and gives the third party a cause \nofaction against the promisor for specific performance. \nLa. Civ. Code art. 1978. See third-party benefiCiary \nunder BENEFICIARY. [Cases: Contracts C;::::J 187.] \nstipulatio sponsalitia (stip-Y<\"l-lay-shee-oh spon-s<\"l\nlish-ee-<\"l). [Latin] Roman law. In early law a solemn \npromise by a father (paterfamilias) that his child would \nmarry someone else's child. -In some cases, there was \na penalty if the marriage did not occur. In classical \nand later Roman law, in which free marriage was the \nrule, such a promise was unentorceable because it was \nregarded as immoral (contra bonos mores). \nstipulative definition. See DEFINITION. \nstipulator. 1. One who makes a stipulation. 2. Civil law. \nThe promisee in a stipulation pour autrui, accepting the \npromise of a benefit to a third party. See REUS STIPU\nLAND!. \nstirpal (star-pal), ad;. See STIRPITAL. \nstirpes (star-peez). (pI.) See STIRPS. \nstirpital (star-pa-t'll), adj. (1886) Ofor relating to per \nstirpes distribution. -Also termed stipital; stirpal. See \nPER STIRPES. [Cases: Descent and Distribution C;::::J43; \nWills C;::::J530.J \nstirps (st<\"lrps), n. [Latin \"stock\"] (17c) A branch of a \nfamily; a line of descent. PI. stirpes (star-peez). See \nPER STIRPES. \nstock, n. (l4c) 1. The original progenitor of a family; a \nperson from whom a family is descended; BRANCH (1) \n<George Harper, Sr. was the stock of the Harper line>. \n2. A merchant's goods that are kept for sale or trade \n<the car dealer put last year's models on sale to reduce \nits stock>. 3. The capital or principal fund raised by a \ncorporation through subscribers' contributions or the \nsale of shares <Acme's stock is worth far more today \nthan it was 20 years ago>. 4. A proportional part of \na corporation's capital represented by the number of \nequal units (or shares) owned, and granting the holder \nthe right to participate in the company's general man\nagement and to share in its net profits or earnings <Julia stock \nsold her stock in Pantheon Corporation>. See SHARE \n(2). Cf. SECURITY (4). [Cases: Corporations C;::::J63.1.] \nadjustable-rate preferred stock. Preferred stock whose \ndividend is periodically changed according to changes \nin a benchmark interest rate, such as that ofTreasury \nbills. \nassented stock. Stock that an owner deposits with a \nthird person according to an agreement by which the \nowner voluntarily accepts a change in the corpora\ntion's securities. \nassessable stock. Stock that is subject to resale by the \nissuer ifthe holder fails to pay any assessment levied \non it. [Cases: Corporations C;::::J 175.] \nauthorized stock. See capital stock (1). \nbailout stock. Nontaxable preferred stock issued to \nstockholders as a dividend. -Bailout stock is issued \nto gain favorable tax rates by distributing corporate \nearnings at capital gains rates rather than by dis\ntributing dividends at ordinary income rates. This \npractice is now prohibited by the Internal Revenue \nCode. IRC (26 USCA)  306. \nbarometer stock. A stock whose price fluctuates accord\ning to market conditions; an individual stock consid\nered to be indicative of the strength of the market in \ngeneral. -Also termed bellwether stock. \nblank stock. Securities. Stock with voting powers and \nrights set by the issuer's board of directors after the \nstock has been sold. [Cases: Corporations C;::::J 126.] \nblue-chip stock. See BLUE CHIP. \nbonus stock. A stock share that is issued for no consid\neration, as an enticement to buy some other type or \nclass of security. -It is considered a type of watered \nstock. Also termed bonus share. [Cases: Corpora\ntions C-~99, 243(6).] \nbook-value stock. Stock offered to executives at a book\nvalue price, rather than at its market value. -The \nstock is offered with the understanding that when its \nbook value has risen, the company will buy back the \nstock at the increased price or will make payments in \nstock equal to the increased price. \ncallable preferred stock. Preferred stock that may be \nrepurchased by the issuing corporation at a prestated \nprice, usu. at or slightly above par value. [Cases: Cor\nporations C='68.] \ncapital stock. 1. The total number ofshares ofstock that \na corporation may issue under its charter or articles \nofincorporation, including both common stock and \npreferred stock. - A corporation may increase the \namount ofcapital stock if the owners of a majority \nof the outstanding shares consent. Also termed \nauthorized stock; authorized capital stock; authorized \nstock issue; authorized shares. [Cases: Corporations \nC:.-:>60.] 2. The total par value or stated value of this \nstock; CAPITALIZATION (4). 3. See common stock. \ncheap stock. Stock or stock options issued to the issuer's \ndirectors, employees, consultants, promoters, and the \n\nlike at a price lower than the public-offering price up \nto 12 months before the offering. \ncommon stock. A class of stock entitling the holder to \nvote on corporate matters, to receive dividends after \nother claims and dividends have been paid (esp. to \npreferred shareholders), and to share in assets upon \nliquidation . Common stock is often called capital \nstock if it is the corporation's only class of stock out\nstanding. -Also termed ordinary shares. Cf. pre\nferred stock. [Cases: Corporations C=' 155.] \nconvertible stock. See convertible security under \nSECURITY. \ncorporate stock. An equity security issued by a cor\nporation. \ncumulative preferred stock. Preferred stock that must \nreceive dividends in full before common sharehold\ners may receive any dividend . If the corporation \nomits a dividend in a particular year or period, it is \ncarried over to the next year or period and must be \npaid before the common shareholders receive any \npayment. -Also termed cumulative stock; cumula\ntive preference share. [Cases: Corporations C='156.] \ndeferred stock. Stock whose holders are entitled to \ndividends only after the corporation has met some \nother specified obligation, such as the discharge of \na liability or the payment of a dividend to preferred \nshareholders. \ndiscount stock. A stock share issued for less than par \nvalue . Discount stock is considered a type ofwatered \nstock, the issuance of which may impose liability on \nthe recipient for the difference between the par value \nand the cash amount paid. -Also termed discount \nshare. \ndonated stock. Stock donated to a charity or given to a \ncorporation by its own stockholders, esp. for resale. \nequity stock. Stock of any class having unlimited \ndividend rights, regardless of whether the stock is \npreferred. \nfloating stock. Stock that is offered for sale on the open \nmarket and that has not yet been purchased; the \nnumber ofoutstanding shares available for trading. \nfull-paid stock. Stock on which no further payments \ncan be demanded by the issuing company. -Also \ntermed paid-up stock. [Cases: Corporations C='88, \n89.] \nglamour stock. See growth stock (2). \ngrowth stock. 1. Stock issued by a growth company. \n Because a growth company usu. reinvests a large \nshare of its income back into the company, growth \nstock pays relatively low dividends, though its price \nusu. has a relatively high appreciation in market value \nover time. 2. Stock that has produced or is expected to \nproduce above-average returns and usu. receives small \nor no dividends. -Also termed glamour stock. \nguaranteed stock. Preferred stock on which a dividend \nis guaranteed by someone (usu. a parent corporation) \nother than the issuer. [Cases: Corporations C='156.] guarantee stock. A fixed, nonwithdrawal investment in \na building-and-Ioan association . This type ofstock \nguarantees to all other investors in the association a \nfixed dividend or interest rate. See BUILDING-AND\nLOAN ASSOCIATION. [Cases: Building and Loan Asso\nciations C='7.] \nguaranty stock. A savings-and-loan association's stock \nyielding dividends to the holders after dividends have \nbeen paid to the depositors. [Cases: Building and \nLoan Associations C=' 11.] \nhot stock. See hot issue under ISSUE (2). \ninactive stock. A low-volume stock. \nincome stock. A stock with a history of high yields or \ndividend payments (e.g., public utilities and well\nestablished corporations). \nissued stock. Capital stock that has been authorized \nand sold to subscribers, but may be reacquired, such \nas treasury stock. [Cases: Corporations C='n, 159.] \njoint stock. Capital invested in an unincorporated \nbusiness and divided into shares proportionate to the \nsize of each investment. [Cases: Joint-Stock Compa\nnies and Business Trusts C='5.] \nletter stock. See restricted security under SECURITY. \nlisted stock. See listed security under SECURITY. \nmargin stock. See marginable security under \nSECURITY. \nnonassessable stock. Stock owned by a holder whose \npotential liability is limited to the amount paid for the \nstock and who cannot be charged additional funds \nto pay the issuer's debts . Stock issued in the United \nStates is usu. nonassessable. [Cases: Corporations C=', \n78,175.] \nnoncumulative preferred stock. Preferred stock that \ndoes not have to be paid dividends that are in arrears. \n Once a periodic dividend is omitted, it will not be \npaid. -Also termed noncumulative stock. [Cases: \nCorporations C=' 156.] \nnonparticipating preferred stock. Preferred stock that \ndoes not give the shareholder the right to additional \nearnings -usu. surplus common-stock dividends \nbeyond those stated in the preferred contract. \nnonvoting stock. Stock that has no voting rights under \nmost situations. [Cases: Corporations <.r'=' 197.] \nno-par stock. Stock issued without a specific value \nassigned to it.  For accounting purposes, it is given \na legal or stated value that has little or no connection \nto the stock's actual value. -Sometimes shortened \nto no par. -Also termed no-par-value stock. \noutstanding stock. Stock that is held by investors \nand has not been redeemed by the issuing corpora\ntion. -Also termed outstanding capital stock; shares \noutstanding. \npaid-up stock. See full-paid stock. \nparticipating preferred stock. Preferred stock whose \nholder is entitled to receive stated dividends and to \n\n1553 stockbroker \nshare with the common"}
{"text": "Preferred stock whose \nholder is entitled to receive stated dividends and to \n\n1553 stockbroker \nshare with the common shareholders in any addi\ntional distributions of earnings. \nparticipation stock. Stock permitting the holder to par\nticipate in profits and surplus. \npar-value stock. Stock originally issued for a fixed value \nderived by dividing the total value of capital stock by \nthe number of shares to be issued. The par value \ndoes not bear a necessary relation to the actual stock \nvalue because surplus plays a role in the valuation. \n[Cases: Corporations (;::::62, 99(3).] \npenny stock. An equity security that is not traded in \nestablished markets, represents no tangible assets, or \nhas average revenues less than reqUired for trading \non an exchange. Typically, a penny stock is highly \nspeculative and can be purchased for less than $5 a \nshare. \nperformance stock. See glamour stock. \nphantom stock. Imaginary stock that is credited to a \ncorporate executive account as part ofthe executive's \ncompensation package. See PHANTOM STOCK PLAN. \n[Cases: Corporations (;:::: 308(3).J \npreferred stock. A class ofstock giving its holder a pref\nerential claim to dividends and to corporate assets \nupon liquidation but that usu. carries no voting \nrights. Also termed preference shares. Cf. common \nstock. [Cases: Corporations (;:::: 156.) \npremium stock. Stock that carries a premium for \ntrading, as in the case of short-selling. \nprior preferred stock. Preferred stock that has prefer\nence over another class of preferred stock from the \nsame issuer.  The preference usu. relates to dividend \npayments or claims on assets. [Cases: Corporations \n(;:::: 156.] \npublic stock. 1. See public security under SECURITY. 2. \nStock of a publicly traded corporation. \nreacquired stock. See treasury stock. \nredeemable stock. Preferred stock that can be called by \nthe issuing corporation and retired. [Cases: Corpora\ntions (;:.:::>68.] \nregistered stock. See registered security under SECU\nRITY. \nrestricted stock. See restricted security under SECU\nRITY. \nretired stock. See treasury stock. \nspecial stock. Hist. Corporate stock that guarantees \ninvestors an annual dividend and gives them creditor \nstatus to the extent that dividends have become \npayable. In contrast, preferred-stock holders' claims \nfor dividends payable are secondary to creditors' \nclaims. Special stock was statutorily authorized only \nin Massachusetts. [Cases: Corporations (>::)7LJ \nsubscribed stock. A stockholder's equity account \nshOWing the capital that will be contributed when the \nsubscription price is collected. See SUBSCRIPTION (2). \n[Cases: Corporations (;::::88.] tainted stock. Stock owned or transferred by a person \ndisqualified from serving as a plaintiff in a derivative \naction. A good-faith transferee is also disqualified \nfrom filing a derivative action. \ntreasury stock. Stock issued by a company hut then \nreacquired and either canceled or held . Some states \nhave eliminated this classification and treat such stock \nas if it is authorized but unissued. -Also termed \ntreasury security; treasury share; reacquired stock; \nretired stock. [Cases: Corporations (;::::72.J \nunissued stock. Stock that is authorized by the corpo\nrate charter but not yet distributed. \nunlisted stock. See unlisted security under SECURITY. \nvolatile stock. Stock subject to wide and rapid fluctua\ntions in price. Also termed yo-yo stock. \nvoting stock. Stock that entitIes the holder to vote in \nthe corporation's election of directors and on other \nmatters that are put to a vote. Also termed voting \nsecurity. [Cases: Corporations (;:::: 197.J \nwatered stock. Stock issued for less than par value. \n[Cases: Corporations (;::::99.J \n'The term 'watered stock' is a colorful common law phrase \ndescribing the situation where shareholders receive shares \nwithout paying as much for them as the law requires .... \nMuch of the early common law relating to watered shares \nconcerned the liability of shareholders receiving watered \nshares to pay the additional conSideration needed to \n'squeeze out the water.' ... [It nowl seems clear that a \nshareholder is liable to the corporation if he or she pays \nless for the shares than the conSideration fixed by the \ndirectors, and this liability is measured by the difference \nbetween the fixed consideration and the amount actually \npaid.\" Robert W. Hamilton, The Law of Corporations in a \nNutshell 120-21 (3d ed. 1991). \nwhisper stock. The stock ofa company that is rumored \nto be the target of a takeover attempt. \nyo-yo stock. See volatile stock. \nstock acquisition. See SHARE ACQUISITION. \nstock-appreciation right. (usu. pl.) A right, typically \ngranted in tandem with a stock option, to be paid the \noption value (usu. in cash) when exercised along with \nthe simultaneous cancellation of the option. -Abbr. \nSAR. [Cases: Corporations (;:::: 116.] \nstock association. See joint-stock company under \nCOMPANY. \nstock attribution. See ATTRIBUTION. \nstock bailout. A stock redemption in the form of a pre\nferred stock dividend. \nstock/bond power. See STOCK POWER. \nstock bonus plan. A special type of profit-sharing plan \nin which the distribution of benefits consists of the \nemployer-company's own stock. [Cases: Corporations \n(;::::308(1).] \nstockbroker. One who buys or sells stock as agent for \nanother. Also termed account executive; account rep\nresentative. [Cases: Brokers \n\nstock certificate 1554 \nstock certificate. An instrument evidencing ownership \nof shares of stock. Also termed certificate ofstock; \nshare certificate. [Cases: Corporations C:=>94.] \nface-amount certificate. 1. A certificate, investment \ncontract, or other security representing an obligation \nby its issuer to pay a stated or determinable sum, at \na fixed or determinable date or dates more than 24 \nmonths after the date of issuance, in consideration \nofthe payment ofperiodic installments ofa stated or \ndeterminable amount. -Also termed face-amount \ncertificate ofthe installment type. 2. A security repre\nsenting a similar obligation on the part ofthe issuer of \na face-amount certificate, the consideration for which \nis the payment ofa single lump sum. See 15 USCA \n 80a-2(a)(15). Also termed fully paid face-amount \ncertificate. \nperiodic-payment-plan certificate. A certificate, \ninvestment contract, or other security providing for \na series of periodic payments by the holder and rep\nresenting an undivided interest in certain specified \nsecurities or in a unit or fund of securities purchased \nwholly or partly with the proceeds ofthose payments. \n_ The term also includes any security whose issuer \nis also issuing the certificates described above and \nwhose holder has substantially the same rights and \nprivileges as those holders have upon completing the \nperiodic payments for which the securities provide. \nSee 15 USCA  80a-2(a)(27). \nstock dearing. The actual exchange ofmoney and stock \nbetween buyer and seller, typically performed by a \ndearing corporation. \nstock dearing corporation. A New York Stock Exchange \nsubsidiary that is a central agency for securities deliver\nies and payments between member firms. \nstock control. A system of inventory management by \nwhich a business maintains perpetual records of its \ninventory. \nstock corporation. See CORPORATION. \nstock dividend. See DIVIDEND. \nstock exchange. See SECURITIES EXCHANGE. \nstock-for-assets exchange. Mergers & acquisitions. A \nmerger in which one corporation agrees to dissolve and \ntransfers all or most of its assets to another corpora\ntion, which then distributes shares of its own stock to \nthe dissolving corporation's shareholders. \nstock-for stock exchange. See stock swap under SWAP. \nstockholder. See SHAREHOLDER. \nstockholder derivative suit. See DERIVATIVE ACTION \n(1). \nstockholder of record. The person who is listed in the \nissuer's books as the owner of stock on the record \ndate. Also termed holder ofrecord; owner ofrecord; \nrecord owner. See record date under DAT. [Cases: Cor\nporations 128.] \nstockholders' equity. See OWNERS' EQUITY. stockholder's liability. See shareholder's liability under \nLIABILITY. \nstock insurance company. See INSURANCE COMPANY. \nstock in trade. 1. The inventory carried by a retail \nbusiness for sale in the ordinary course ofbusiness. 2. \nThe tools and equipment owned and used by a person \nengaged in a trade. 3. The equipment and other items \nneeded to run a business. \nstock issue. See ISSUE (2). \nstockjobber. See JOBBER (2). \nstockjobbing, n. 'Ihe business of dealing in stocks or \nshares; esp., the buying and selling of stocks and bonds \nby jobbers who operate on their own account. -Also \ntermed stockjobbery. \nstock-law district. See DISTRICT. \nstock life-insurance company. See INSURANCE COM\nPANY. \nstock manipulation. See MANIPULATION. \nstock market. 1. See MARKET (5). 2. See MARKET (6). \nstock merger. See MERGER. \nstock note. See NOTE (1). \nstock option. 1. An option to buy or sell a specific \nquantity ofstock at a deSignated price for a specified \nperiod regardless of shifts in market value during the \nperiod. [Cases: Corporations C:=>116.]2. An option that \nallows a corporate employee to buy shares ofcorporate \nstock at a fixed price or within a fixed period. -Such an \noption is usu. granted as a form of compensation and \ncan qualify for special tax treatment under the Internal \nRevenue Code. Also termed (in sense 2) employee \nstock option; incentive stock option (ISO). \nnonqualified stock option. A stock-option plan that \ndoes not receive capital-gains tax treatment, thus \nallowing a person to buy stock for a period (often ten \nyears) at or below the market Abbr. NQSO. \n[Cases: Internal Revenue \nqualified stock option. A now-rare stock-option \nplan that allows a person to buy stock for a period \n(often five years) at the market price, the stock being \nsubject to capital-gains tax treatment. Internal \nRevenue C~3602.] \nstock-option contract. See CONTRACT. \nstock-parking, n. See PARKING (2). \nstock power. A power of attorney permitting a person, \nother than the owner, to transfer ownership of a \nsecurity to a third party. Also termed stock/bond \npower. [Cases: Corporations \nstock-purchase plan. An arrangement by which an \nemployer corporation allows employees to purchase \nshares ofthe corporation's stock. [Cases: Corporations \n~116.1 \nstock redemption. See REDEMPTION (3). \nstock-redemption agreement. An agreement between \na corporation's individual owners and the corporation \n\n1555 store \nitself, whereby the corporation agrees to purchase \n(Le., redeem) the stock of a withdrawing or deceased \nowner. ~Often shortened to redemption agreement. \nAlso termed stock-retirement agreement. [Cases: Cor\nporations 120.J \nstock repurchase. See REDEMPTION (3). \nstock-repurchase plan. A program by which a corpora\ntion buys back its own shares in the open market, usu. \nwhen the corporation believes the shares are under\nvalued. \nstock-retirement agreement. See STOCK-REDEMPTION \nAGREEMENT. \nstock right. See SUBSCRIPTION RIGHT. \nstocks, n. A punishment device consisting of two boards \nthat together form holes for trapping an offender's feet \nand hands. Formerly also termed cippi. Cf. BILBOES \n(1); PILLORY. \nstock sale. Mergers & acquisitions. A takeover in which \nthe acquiring corporation buys stock directly from the \ntarget corporation's shareholders until it controls all or \na majority of the target's stock. \nstock split. The issuance of two or more new shares \nin exchange for each old share without changing the \nproportional ownership interests of each shareholder. \n For example, a 3-for-1 split would give an owner of \n100 shares a total of 300 shares, or 3 shares for each \nshare previously owned. A stock split lowers the price \nper share and thus makes the stock more attractive to \npotential investors. ~Also termed share split. [Cases: \nCorporations \nreverse stock split. A reduction in the number ofa cor\nporation's shares by calling in all outstanding shares \nand reissuing fewer shares haVing greater value. \n[Cases: Corporations (;=>68.] \nstock subscription. See SUBSCRIPTION (2). \nstock swap. See SWAP. \nstock-transfer agent. See AGENT (2). \nstock-transfer tax. See TAX. \nstock warrant. See WARRANT (4). \nstolen property. (18c) Goods acquired by larceny, \nrobbery, or theft. [Cases: Larceny Receiving \nStolen Goods Robbery (;=>4.J \nstonewall, vb. To persistently refuse to cooperate in an \ninvestigation; esp., to refuse to testify or to hand over \nrequested material until every available legal challenge \nhas been exhausted. stonewalling, n. \nstool pigeon. Slang. 1. An informant, esp. a police infor\nmant. 2. A person who acts as a decoy, esp. on behalf \nofa gambler or swindler, or for the police to help make \nan arrest. -Also termed (in sense 1) rat; (in sense 2) \ncapper. \nstop, n. (16c) Under the Fourth Amendment, a tem\nporary restraint that prevents a person from walking \naway. [Cases: Arrest <>:::>63.5.] stop and frisk, n. (1963) A police officer's brief detention, \nquestioning, and search of a person for a concealed \nweapon when the officer reasonably suspects that the \nperson has committed or is about to commit a crime. \n The stop and frisk, which can be conducted without \na warrant or probable"}
{"text": "\nperson has committed or is about to commit a crime. \n The stop and frisk, which can be conducted without \na warrant or probable cause, was held constitutional by \nthe Supreme Court in Terry v. Ohio, 392 U.S. 1,88 S.Ct. \n1868 (1968). -Also termed investigatory stop; investi\ngatory detention; Terry stop; field stop. See reasonable \nsuspicion under SUSPICION. [Cases: Arrest (,'='63.5.] \nstopgap tax. See TAX. \nstopgap zoning. See interim zoning under ZONING. \nstop-limit order. See stop order under ORDER (8). \nstop-list. Antitrust. An illegal means by which manu\nfacturers sometimes attempt to enforce price mainte\nnance, by having suppliers agree among themselves not \nto supply any party who competes actively and breaks \nanticompetitive price \"rules.\" \nstop-loss insurance. See INSURANCE. \nstop-loss order. See stop order under ORDER (8). \nstop-notice statute. (l963) A law proViding an alternative \nto a mechanic's lien by allowing a contractor, supplier, \nor worker to make a claim against the construction \nlender and, in some instances, the owner for a portion \nof the undisbursed construction-loan proceeds. See \nmechanic's lien under LIEN. [Cases: Mechanics' Liens \n(;=>, 113, 115.] \nstop order. 1. See ORDER (8). 2. An SEC order that \nsuspends a registration statement containing false, \nincomplete, or misleading information. [Cases: Secu\nrities Regulation ~25.l6.]3. A bank customer's order \ninstructing the bank not to honor one of the customer's \nchecks. Also termed (in sense 3) stop-payment order. \n[Cases: Banks and Banking (;=> 139.] \nstoppage, n. (15c) 1. An obstruction or hindrance to \nthe performance of some act <stoppage of goods or \npersons in transit for inspection>. 2. Civil law. SETOFF \n<stoppage in pay for money owed>. \nstoppage in transitu (in tran-si-t[yJoo ortranz-i-t[y]oo). \n(18c) The right of a seller ofgoods to regain possession \nof those goods from a common carrier under certain \ncircumstances, even though the seller has already \nparted with them under a contract for sale. This right \ntraditionally applies when goods are consigned wholly \nor partly on credit from one person to another, and \nthe consignee becomes bankrupt or insolvent before \nthe goods arrive in which event the consignor may \ndirect the carrier to deliver the goods to someone other \nthan the consignee (who can no longer pay for them), \nAlso termed stoppage in transit. See RECLAMATION (2). \n[Cases: Sales (;=>289-299.] \nstop-payment order. See STOP ORDER (}). \nstore, n. (13c) 1. A place where goods are deposited \nfor purchase or sale. 2. (usu. pl.) A supply of articles \nprovided for the subsistence and accommodation of a \nship's crew and passengers. 3. A place where goods or \nsupplies are stored for future use; a warehouse. \n\n1556 store \npublic store. A government warehouse administratively \nmaintained, as for the storage of imported goods or \nmilitary supplies. \nstore, vb. (l3c) To keep (goods, etc.) in safekeeping for \nfuture delivery in an unchanged condition. \nstored-value card. A device that provides access to a \nspecified amount of funds for making payments to \nothers, is the only means ofroutine access to the funds, \nand does not have an associated account in the name \nof the holder. Typically, a consumer pays a bank or \nmerchant money in exchange for a stored-value card; \nthe consumer uses the card rather than paper currency \nto purchase goods and services. -Also termed smart \ncard; prepaid card; value-added card. \nstore-receiver exemption. See AIKEN EXEMPTION. \nstouthrief. Scots law. Robbery that takes place in or near \none's dwelling, but is not coupled with housebreak\ning. \nstowage (stoh-ij). Maritime law. 1. The storing, packing, \nor arranging of cargo on a vessel to protect the goods \nfrom friction, bruising, or water damage during a \nvoyage. The bill of lading will often prescribe the \nmethod of stowage to be used. [Cases: Shipping ~ \n110.] 2. The place (such as a ship's hull) where goods are \nstored. [Cases: Shipping ~110, 123.] 3. The goods so \nstored. 4. A fee paid for the storage ofgoods; a storage \nfee. \nstowaway. A person who hides on board an outgoing or \nincoming vessel or aircraft to obtain free passage. 18 \nUSCA  2199. [Cases: Aliens, Immigration, and Citi\nzenship ~255,265; Aviation ~17.] \nSTR. abbr. SUSPICIOUS-TRANSACTION REPORT. \nstraddle, n. In securities and commodities trading, a sit\nuation in which an investor holds contracts to buy and \nto sell the same security or commodity, thus ensuring \na loss on one ofthe contracts . The aim ofthis strategy \nis to defer gains and use losses to offset other taxable \nincome. -Also termed spread eagle; combination. \nstraddle, vb. \nstraight annuity. See ANNUITY. \nstraight bankruptcy. See CHAPTER 7 (2). \nstraight bill oflading. See BILL OF LADING. \nstraight deductible. See DEDUCTIBLE. \nstraight letter ofcredit. See LETTER OF CREDIT. \nstraight life annuity. See nonrefund annuity under \nANNUITY. \nstraight life insurance. See whole life insurance under \nLIFE INSURANCE. \nstraight-line depreciation method. See DEPRECIATION \nMETHOD. \nstraight-line interest. See simple interest under INTEREST \n(3). \nstraight mortgage. See MORTGAGE. \nstraight sentence. See determinate sentence under \nSENTENCE. straight-term mortgage. See interest-only mortgage \nunder MORTGAGE. \nstraight up. See s.u. \nstraight voting. See noncumulative voting under \nVOTING. \nstrain theory. (l8c) The theory that people commit \ncrimes to alleviate stress created by the disjunction \nbetween their station in life and the station to which \nsociety has conditioned them to aspire. Cf. CONTROL \nTHEORY; RATIONAL-CHOICE THEORY; ROUTINE-ACTIV\nITIES THEORY. \nstramineus homo (stra-min-ee-as hoh-moh). [Latin \n\"man ofstraw\"] See STRAW MAN. \nstrand, n. (bef. 12c) A shore or bank of an ocean, lake, \nriver, or stream. \nstranding, n. Maritime law. A ship's drifting, driving, \nor running aground on a strand . The type ofstrand\ning that occurs determines the method of apportion\ning the liability for any resulting losses. [Cases: Salvage \n~9,30.] \naccidental stranding. Stranding caused by natural \nforces, such as wind and waves. -Also termed invol\nuntary stranding. See general average and particular \naverage under AVERAGE. \n\"Damage to a vessel from involuntary stranding or wreck, \nand the cost of repairs, are particular average only. Where, \nhowever, the ship and cargo are exposed to a common peril \nby the accidental stranding, the expenses of unloading and \ntaking care of the cargo, rescuing the vessel, reloading the \ncargo, and other expenses other than repairs requisite to \nenable the vessel to proceed on the voyage, are brought \ninto general average, proVided the vessel and cargo were \nsaved by the same series of measures during the continu\nance of the common peril which created the joint necessity \nfor the expenses.\" 70 Am.Jur. 2d Shipping  961, at 1069 \n(1987). \nvoluntary stranding. Stranding to avoid a more dan\ngerous fate or for fraudulent purposes. \n\"The loss occurring when a ship is voluntarily run ashore to \navoid capture, foundering, or shipwreck is to be made good \nby general average contribution, if the ship is afterwards \nrecovered so as to be able to perform its voyage, as such \na claim is clearly within the rule that whatever is sacrificed \nfor the common benefit of the associated interests shall \nbe made good by all the interests exposed to the common \nperil which were saved from the common danger by the \nsacrifice .... A vessel cannot, however, claim contribu\ntion founded on even a voluntary stranding made neces\nsary by ... unseaworthiness or the negligence ofthose in \ncharge, except in pursuance of a valid agreement to that \neffect.\" 70 Am.Jur. 2d Shipping  961, at 1069 (1987). \nstranger. (14c) 1. One who is not party to a given trans\naction; esp., someone other than a party or the party's \nemployee, agent, tenant, or immediate family member. \n[Cases: Contracts ~185.]2. One not standing toward \nanother in some relation implied in the context; esp., \none who is not in privity. 3. A person who voluntarily \npays another person's debt even though the payor \ncannot be held liable for the debt and the payor's \nproperty is not affected by the creditor's rights . Sub\nrogation does not apply to a stranger if the debtor did \nnot agree to or assign subrogation rights. \n\nstranger in blood. (17c) 1. One not related by blood, such \nas a relative by affinity. 2. Any person not within the \nconsideration ofnatural love and affection arising from \na relationship. \nstratagem. (l5c) A trick or deception to obtain an advan\ntage, esp. in a military conflict. \nstrategic alliance. (1983) A coalition formed by two or \nmore persons in the same or complementary businesses \nto gain long-term financial, operational, or marketing \nadvantages without jeopardizing competitive indepen\ndence <through their strategic alliance, the manufac\nturer and distributor ofa co-developed product shared \ndevelopment costs>. Cf. ALLIANCE (1); JOINT VENTURE; \nPARTNERSHIP. \nStrategic National Stockpile. A national repository of \nmedicines and healthcare supplies maintained jointly \nby the U.S. Department ofHomeland Security and the \nU.S. Department of Health and Human Services to \nrespond to public-health emergencies. -Created as the \nNational Pharmaceutical Stockpile in 1999, the agency \ncaches antibiotics, chemical antidotes, antitoxins, life\nsupport medications, IV administration, airway main\ntenance supplies, and medical supplies. -Abbr. SNS. \nstratocracy (strd-tok-rd-see). A military government. \nstrator (stray-tdr). Hist. A surveyor ofthe highways. \nstraw bail. See bail common under BAIL (4). \nstraw bond. See BOND (2). \nstraw man. (1896) 1. A fictitious person, esp. one that is \nweak or flawed. 2. A tenuous and exaggerated counter\nargument that an advocate makes for the sole purpose \nofdisprOVing it. -Also termed straw-man argument. \n3. A third party used in some transactions as a tempo\nrary transferee to allow the principal parties to accom\nplish something that is otherwise impermissible. 4. \nA person hired to post a worthless bail bond for the \nrelease ofan accused. Also termed stramineus homo. \nCf.DUMMY. \nstraw-man scam. Criminal law. A scheme in which an \ninnocent third person is hired to receive fraudulently \nobtained money and wire it to a location outside the \ncountry. \nstraw poll. A nonbinding vote, taken as a way ofinfor\nmally gauging support or opposition but usu. without \na formal motion or debate. \nstray remarks. Employment law. Statements to or about \nan employee by a coworker or supervisor, concern\ning the employee's race, sex, age, national origin, or \nother status, that are either objectively or subjectively \noffenSive, but that do not represent harassment or \ndiscrimination by the employer because of (1) their \nsporadic, unsystematic, and unofficial nature, (2) the \ncircumstances in which theywere made, or (3) their not \nshowing any intention to hamper the employee's con\ntinued employment. Also termed stray comments. \n[Cases: Civil Rights C:~,1147, 1543.] \nstream. Anything liquid that flows in a line or course; \nesp., a current of water consisting of a bed, bank, and watercourse, usu. emptying into other bodies ofwater \nbut not losing its character even ifit breaks up or disap\npears. [Cases: Waters and Water Courses C=:38.] \nprivate stream. A watercourse, the bed, channel, or \nwaters of which are exclusively owned by private \nparties. \nstream-of-commerce theory. (1942) 1. The principle that \na state may exercise personal jurisdiction over a defen\ndant ifthe defendant places a product in the general \nmarketplace and the product causes injury or damage \nin the forum state, as long as the defendant also takes \nother acts to establish some connection with the forum \nstate, as by advertising there or by hiring someone to \nserve as a sales agent there. Asahi Metal Indus. Co., Ltd. \nv. Superior Court ofCal., 480 U.S. 102, 107 S.Ct. 1026 \n(1987). [Cases: Corporations C:=>665(1); Courts \n12(2.25); Federal Courts C:=>76, 81.] 2. The principle \nthat a person who participates in placing a defective \nproduct in the general marketplace is strictly liable for \nharm caused by the product. Restatement (Second) of \nTorts  402A (1979). [Cases: Products Liability C:=> \n164.] \nstreet. A road or public thoroughfare used for travel \nin an urban area, including the pavement, shoulders, \ngutters, curbs, and other areas within the street lines. \n[Cases: Municipal Corporations <::=.)658.] \n\"Strictly speaking, a 'street' is a public thoroughfare in an \nurban community such as a city, town, or village, and the \nterm is not ordinarily"}
{"text": "street' is a public thoroughfare in an \nurban community such as a city, town, or village, and the \nterm is not ordinarily applicable to roads and highways \noutside of municipalities. Although a street, in common \nparlance, is equivalent to a highway, it is usually specifically \ndenominated by its own proper appellation .... Whether a \nparticular highway is to be regarded as a 'street' within the \nmeaning of that term as used in a statute must, of course, \nbe resolved by construction.\" 39 Am. Jur. 2d Highways, \nStreets, and Bridges  8, at 588-89 (1999). \npaper street. A thoroughfare that appears on plats, sub\ndivision maps, and other publicly filed documents, \nbut that has not been completed or opened for public \nuse. [Cases: Municipal Corporations C:=>646.] \nstreet crime. See CRiME. \nstreet gang. See GANG. \nstreet name. A brokerage firm's name in which securities \nowned by another are registered. - A security is held \nby a broker in street name (at the customer's request) \nto simplify trading because no signature on the stock \ncertificate is required. A street name may also be used \nfor securities purchased on margin. The word \"street\" \nin this term is a reference to Wall Street. \nstreet-name security. See nominee account under \nACCOUNT. \nstreet sweep. Mergers & acquisitions. Slang. A bidder's \ncancellation of a tender offer followed by the open\nmarket purchase oflarge blocks of stock in the target \ncorporation. \nstreet time. Criminal law. The period between a person's \nrelease from prison on parole and a court's revocation \nofthat parole. \n\nstrepitus judicialis (strep-~-t~s joo-dish-ee-ay-lis), n. \n[Law Latin] Hist. Disruptive behavior in court. \nstrict, adj. (15c) 1. Narrow; restricted <strict construc\ntion>. 2. Rigid; exacting <strict statutory terms>. 3. \nSevere <strict punishment>. 4. Absolute; requiring no \nshowing offault <strict liability>. \nstrict construction. See CONSTRUCTION. \nstrict constructionism. See CONSTRUCTIONISM. \nstrict constructionist. See CONSTRUCTIONIST. \nstrict foreclosure. See FORECLOSURE. \nstricti juris (strik-tI joor-is). [Latin] 1. Ofstrict right of \nlaw; according to the exact law, without extension or \nenhancement in interpretation . This term was often \napplied to servitudes because they are a restriction on \nthe free exercise ofproperty rights. 2. Roman law. (Of a \ncontract) required to be interpreted strictly on its terms, \nregardless ofcircumstances. See BONA FIDES (2). \nstrict interpretation. See INTERPRETATION. \nstrictissimi juris (strik-tis-~-mI joor-is). [Latin] Of the \nstrictest right or law; to be interpreted in the strict\nest manner. This term was usu. applied to certain \nstatutes, esp. those imposing penalties or restraining \nnatural liberties. \nstrict liability. See LIABILITY. \nstrict-liability crime. See CRIME. \nstrict-liability offense. See OFFENSE (1). \nstricto jure (strik-toh joor-ee). [Latin] In strict law. \nstrict products liability. See PRODUCTS LIABILITY. \nstrict rule. See SPECIFIC-PURPOSE RULE. \nstrict scrutiny. (1941) Constitutional law. The standard \napplied to suspect classifications (such as race) in equal\nprotection analysis and to fundamental rights (such as \nvoting rights) in due-process analysis . Under strict \nscrutiny, the state must establish that it has a compel\nling interest that justifies and necessitates the law in \nquestion. See COMPELLING-STATE-INTEREST TEST; \nSUSPECT CLASSIFICATION; FUNDAMENTAL RIGHT. Cf. \nINTERMEDIATE SCRUTINY; RATIONAL-BASIS TEST. \n[Cases: Constitutional Law C::=3062,3901.] \nstrict settlement. See SETTLEMENT (1). \nstrict test. Evidence. The principle that disclosure of a \nprivileged document, even when inadvertent, results in \na waiver of the attorney-client privilege regarding the \ndocument, unless all possible precautions were taken \nto protect the document from disclosure. Cf. LENIENT \nTEST; HYDRAFLOW TEST. [Cases; Privileged Commu\nnications and Confidentiality \nstrictum jus (strik-t~m j<lS). See JUS STRICTUM. \nstrict underwriting. See standby underwriting under \nUNDERWRITING. \nstrike, fl. (1810) 1. An organized cessation or slowdown \nof work by employees to compel the employer to \nmeet the employees' demands; a concerted refusal by \nemployees to work for their employer, or to work at their customary rate ofspeed, until the employer grants \nthe concessions that they seek. Also termed walkout. \nCf. LOCKOUT; BOYCOTT; PICKETING. [Cases: Labor and \nEmployment \nca'canny strike. See slowdown strike. \neconomic strike. A strike resulting from an economic \ndispute with the employer (such as a wage dispute); a \ndispute for reasons other than unfair labor practices. \n An employer can permanently replace an economic \nstriker but cannot prevent the worker from coming \nback to an unreplaced position simply because the \nworker was on strike. \ngeneral strike. A strike organized to affect an entire \nindustry. \nillegal strike. 1. A strike using unlawful procedures. 2. \nA strike to obtain unlawful objectives, as in a strike \nto force an employer to stop doing business with a \nparticular company. \njurisdictional strike. A strike resulting from a dispute \nbetween members of different unions over work \nassignments. \norganizational strike. See recognition strike. \noutlaw strike. See wildcat strike. \nquickie strike. See wildcat strike. \nrecognition strike. A strike by workers seeking to force \ntheir employer to acknowledge the union as their col\nlective-bargaining agent.  After the National Labor \nRelations Act was passed in 1935, recognition strikes \nbecame unnecessary. Under the Act, the employer is \nrequired to recognize an NLRB-certified union for \nbargaining purposes. Also termed organizational \nstrike. \nsecondary strike. A strike against an employer because \nthat employer has business dealings with another \nemployer directly involved in a dispute with the \nunion. See secondary boycott under BOYCOTT; sec\nondary picketing under PICKETING. \nsit-down strike. A strike in which employees occupy \nthe workplace but do not work. See SIT-IN. \nslowdown strike. A strike in which the workers remain \non the job but work at a slower pace to reduce their \noutput. Also termed ca'canny strike. \nsympathy strike. A strike by union members who have \nno grievance against their own employer but who \nwant to show support for another union involved in \na labor dispute. [Cases: Labor and Employment \n1385.] \nwhipsaw strike. A strike against some but not all \nmembers ofa multiemployer association, called for \nthe purpose ofpressuring all the employees to negoti\nate a labor contract.  Employers whose workers are \nnot on strike have the right to lock out employees to \nexert counterpressure on the union. [Cases: Labor \nand Employment C=J 1385.] \n\nwildcat strike. A strike not authorized by a union or \nby a collective-bargaining agreement. Also termed \noutlaw strike; quickie strike. \n2. The removal of a prospective juror from the jury \npanel <a peremptory strike>. See CHALLENGE (2). \n[Cases: Jury (;::;>83-142.] 3. A failure or disadvantage, \nas bv a criminal conviction <a strike on one's record>. \n4. P~rliamentary law. A form of the motion to amend \nby deleting one or more words. See amendment by \nstriking out under AMENDMENT (3). \nsight strike. The elimination ofa veniremember based \nsolely on appearance. See peremptory challenge under \nCHALLENGE (2). \nstrike, vb. (14c) 1. (Of an employee or union) to engage \nin a strike <the flight attendants struck to protest the \nreduction in benefits>. 2. To remove (a prospective \njuror) from a jury panel by a peremptory challenge \nor a challenge for cause <the prosecution struck the \npanelist who indicated an opposition to the death \npenalty>. See peremptory challenge under CHALLENGE \n(2). [Cases: Jury (;:=:>83-142.] 3. To expunge, as from \na record <motion to strike the prejudicial evidence>. \n[Cases: Federal Civil Procedure (;::;~201S.] 4. Parlia\nmentary law. To amend by deleting one or more words. \nSee amendment by striking out under AMENDMENT \n(3). -Also termed (in sense 4) strike out. \nstrikebreaker. See SCAB. \nstrike down. (1894) To invalidate (a statute); to declare \nvoid. \nstrike fund. A union fund that provides benefits to its \nmembers who are on strike, esp. for subsistence while \nthe members are not receiving wages. \nstrike off. 1. (Of a court) to order (a case) removed from \nthe docket. 2. (Of an auctioneer or sheriff) to announce, \nusu. by the falling of the hammer, that an item of \npersonal or real property has been sold. \nstrike out. See STRIKE (4). \nstrike price. See PRICE. \nstrike suit. See SUIT. \nstrike zone. Slang. The period in jury selection in which \nveniremembers are subject to being struck by peremp\ntory challenge before the jury is seated. _ If a court \nrequires 12 jurors and allows each side 10 peremptory \nstrikes, the strike zone would be the first 32 venire\nmembers. \nstriking a jury. (1859) The selecting of a jury out of all \nthe candidates available to serve on the jury; esp., the \nselecting of a special jury. See struck jury, special jury \nunder JURY. [Cases: Jury C:)71.] \nstriking off the roll. See DISBARMENT. \nstriking price. See strike price under PRICE. \nstring of title. See CHAIN OF TITLE (1). \nstrip, n. (16c) 1. The act of separating and selling a bond's \ncoupons and corpus separately. 2. The act ofa tenant \nwho, holding less than the entire fee in land, spoils or unlawfully takes something from the land. [Cases: \nLandlord and Tenant (;:=:>55(2).] \nSTRIP (strip). abbr. SEPARATE TRADING OF REGISTERED \nINTEREST AND PRINCIPAL OF SECURITIES. \nstripped mortgage-backed security. See SECURITY. \nstripper well. See WELL, \nstrip search. See SEARCH. \nstrong-arm clause. See CLAUSE. \nstrongly corroborated. (lSc) (Of testimony) supported \nfrom independent facts and circumstances that are \npowerful, satisfactory, and clear to the court and jury. \nstrong mark. See strong trademark under TRADE\nMARK. \nstrong market. See bull market under MARKET. \nstrong trademark. See TRADEMARK. \nstruck jury. See JURY. \nstruck off. 1. Removed from an active docket, usu. \nbecause ofa want ofprosecution or jurisdiction. [Cases: \nTrial G'-::>14.2. BrE. Removed from the register ofquali\nfied persons and, in the case ofa professional, forbidden \nto practice. [Cases: Attorney and Client G~38, 39.] \nstructural alteration. See ALTERATION (1). \nstructural takeover defense. See TAKEOVER DEFENSE. \nstructural unemployment. See UNEMPLOYMENT. \nstructure. (15c) 1. Any construction, production, or piece \nofwork artificially built up or composed ofparts pur\nposefully joined together <a building is a structure>. \n2. The organization of elements or parts <the corpo\nrate structure>. 3. A method of constructing parts <the \nloan's payment structure was a financial burden>. \nstructured security. See SECURITY. \nstructured settlement. See SETTLEMENT (2). \nstudent-benefit theory. A principle that allows state \nfunds to be provided to private-school pupils if the \nallotment can be justified as benefiting the child. -The \nSupreme Court upheld a Louisiana law that allowed \nthe purchase of textbooks for all children throughout \nthe state even those in private schools -under this \ntheory. Cochran v, Louisiana State Bd. ofEduc., 281 U.S. \n370,50 S.Ct. 335 (1930). Also termed child-benefit \ntheory. [Cases: Schools ~'-::;,3.] \nstudy furlough. See study release under RELEASE. \nstudy release. See RELEASE. \nstuff gown. 1. The professional robe worn by barristers \nofthe outer bar who have not been appointed Queen's \nCounsel. 2. A junior barrister. Cf. SILK GOWN. \nstultify, vb. (18c) 1. To make (something or someone) \nappear stupid or foolish <he stultified opposing coun\nsel's argument>. 2. To testify about one's own lack of \nmental capacity. 3. To contradict oneself, as by denying \nwhat one has already alleged. \nstultiloquium (st'll-ti-loh-kwee-<lm). [fr. Latin stultus \n\"foolish\" + loqui \"to speak\"] Hist. A frivolous pleading \n\n1560 stumpage \npunishable by fine. _ This may have been the origin of \nthe beaupleader. See BEAUPLEADER. \nstumpage (stamp-ij). (1835) 1. The timber standing on \nland. 2. The value of the standing timber. 3. A license \nto cut the timber. [Cases: Logs and Logging 4. \nThe fee paid for the right to cut the timber. [Cases: Logs \nand Logging ~1-4.] \nstuprum (st[y]oo-prilm), n. [Latin] Roman & civil law. \nDisgrace by unchastity; a man's illegal sexual"}
{"text": "-prilm), n. [Latin] Roman & civil law. \nDisgrace by unchastity; a man's illegal sexual inter\ncourse with a woman, usu. a virgin or widow, or with \na male (pederasty). PI. stupra. \n\"The law refers to stuprum and adultery indiscriminately \nand with rather a misuse of terms. But properly speaking \nadultery is committed with a married woman, the name \nbeing derived from children conceived by another (alter); \nstuprum, however, is committed against a virgin or a \nwidow; the Greeks call it corruption.\" Digest ofJustinian \n48.5.6.1 (Papinian, De Adulteriis 1). \nSTY. See single transferable vote under VOTE (1). \nstyle, n. 1. A case name or designation <the style of the \nopinion is Connor v. Gray>. -Also termed title. Cf. \nCAPTION (1). 2. Scots law. A form of writ or deed used \nin conveyancing. _ A book of styles is essentially a \nformbook; a typical Scottish example is John Hendry'S \nStyles ofDeeds and Instruments (2d ed. 1862). \nstylized drawing. See special-form drawing under \nDRAWING. \ns.u. abbr. Straight up. -When a prosecutor writes this \non a defendant's file. it usu. means that the prosecu\ntor plans to try the case -that is, not enter into a plea \nbargain. \nsuable, adj. (17c) 1. Capable of being sued <a suable \nparty>. [Cases: Action ~14; Parties (::=>21.]2. Capable \nofbeing enforced <a suable contract>. suability, n. \nsua potestas (s[yloo-a pa-tes-tils or -tas). [Latin] Hist. The \nnatural power that one has over oneself. \nsuapte natura (s[y]oo-ap-tee nil-t[y]oor-<l). [Latin] In its \nown nature as in suapte natura sterilia (\"barren of \nits own nature\"). \nsua sponte (s[y]OO-il spon-tee). [Latin \"of one's own \naccord; voluntarily\"] Without prompting or suggestion; \non its own motion <the court took notice sua sponte \nthat it lacked jurisdiction over the case>. \nsub (sab). [Latin] Under; upon. \nsub. See subsidiary corporation under CORPORATION. \nsubagent. See AGENT (2). \nsubaltern (s<lb-awl-tarn), n. An inferior or subordinate \nofficer. \nsubassignee. See ASSIGNEE. \nsub ballivus (silb ba-h-vas), n. [Law Latin] Hist. An \nundersheriff; a sheriff's deputy. See BAILIWICK. \nsubcbapter-C corporation. See C corporation under \nCORPORATION. \nsubchapter-S corporation. See Scorporation under COR\nPORATION. sub colore juris (silb b-Ior-ee joor-is). [Latin] Under \ncolor of right; under an appearance of right. \nsub colore officii (sab ka-lor-ee il-fish-ee-I). [Law Latin) \nHis!. Under color ofoffice. \nsubcombination claim. See PATENT CLAIM. \nsubcommittee. See COMMITTEE. \nsub conditione (s<lb kiln-dish-ee-oh-nee). [Law Latin] \nUnder condition. _ This term creates a condition in \na deed. \nsubcontract. See CONTRACT. \nsubcontractor. (1834) One who is awarded a portion \nof an existing contract by a contractor, esp. a general \ncontractor. -For example, a contractor who builds \nhouses typically retains subcontractors to perform spe\ncialty work such as installing plumbing. laying carpet, \nmaking cabinetry, and landscaping -each subcontrac\ntor is paid a somewhat lesser sum than the contractor \nreceives for the work. [Cases: Contracts 198.] \nsub cura mariti (s<lb kyoor-a mil-rI-tI). [Law Latin] Hist. \nUnder the care ofone's husband. \nsub cura uxoris (sab kyoor-il ilk-sor-is). [Law Latin] Hist. \nUnder the care ofone's wife. \nsub curia (sab kyoor-ee-il). [Latin] Under law. \nsub disjunctione (sab dis-jilngk-shee-oh-nee). [Latin] In \nthe alternative. \nsubditus (sab-dil-tils). [Latin] Hist. Someone under \nanother's power; a vassal. \nsubdivision, n. (15c) 1. The division of a thing into \nsmaller parts. 2. A parcel ofland in a larger develop\nment. subdivide, vb. \nillegal subdivision. The division ofa tract ofland into \nsmaller parcels in violation oflocal subdivision regu\nlations, as when a developer begins laying out streets, \ninstalling sewer and utility lines, and constructing \nhouses without the local planning commission's \nauthorization. [Cases: Zoning and Planning \n372.1.] \nlegal subdivision. The governmentally approved \ndivision of a tract ofland into smaller parcels using \nordinary and legally recognized methods for sur\nveying and platting land and publicly \nthe results. [Cases: Zoning and Planning \n381.5.] \nsubdivision exaction. A charge that a community \nimposes on a subdivider as a condition for permit\nting recordation of the subdivision map and sale of \nthe subdivided parcels. [Cases: Zoning and Planning \nC=382.4.] \nsubdivision map. (1887) A map that shows how a parcel \nofland is to be divided into smaller lots, and generally \nshowing the layout and utilities. [Cases: Zoning and \nPlanning ~29.5, 245.] \nsub domino (s<lb dom-il-noh). [Law Latin] His!. Under \na lord. \nsubfeudum (sab-fyoo-dam). [Law Latin] Hist. A subfee. \n\n1561 \nsubinfeudate (s<lb-in-fyoo-dayt), vb. Hist. (Of a subvas\nsal) to grant land to another, who then holds the land \nas the grantor's vassal rather than as the vassal of the \ngrantor's superior. Also termed subinfeud (s<lb-in\nfyood). \n\"[AI more common method of obtaining the annual quota \nof knights was to subinfeudate portions of the baronial \nlands to individual knights in exchange for their obliga\ntions to spend a fixed portion of time annually in the king's \nor baron's service. A knight who so received a portion of \na baron's land would hold of his baron in much the same \nway as the baron held ofthe king.\" Thomas F. Bergin & Paul I \nG. Haskell, Preface to Estates in Land and Future Interests \n4 (2d ed. 1984). \nsubinfeudation (sab-in-fyoo-day-shan), n. Hist. The \nsystem under which the tenants in a feudal system \ngranted smaller estates to their tenants, who in turn did \nthe same from their pieces ofland. -As this system pro\nceeded down the social scale, the lords were deprived \nof their feudal profits, as a result of which the system \nwas suppressed by the statute Quia Emptores in 1290. \nInstead of subinfeudation, alienation in the modern \nsense was introduced. Cf. INFEUDATION; SUPERINFEU\nDATION. \n\"The first step taken in mitigation of the rigors of the law \nof feuds, and in favor of voluntary alienations, was the \ncountenance given to the practice of subinfeudations. They \nwere calculated to elude the restraint upon alienation, and \nconsisted in carving out portions of the fief to be held of \nthe vassal by the same tenure with which he held of the \nchief lord of the fee. The alienation prohibited by the feudal \nlaw, all over Europe, was the substitution of a new feuda\ntory in the place of the old one; but subinfeudation was a \nfeoffment by the tenant to hold of himself. The purchaser \nbecame his vassal, and the vendor still continued liable to \nthe chief lord for all the feudal obligations. Subinfeudations \nwere encouraged by the subordinate feudatories, because \nthey contributed to their own power and independence; but \nthey were found to be injurious to the fruits of tenure, such \nas reliefs, marriages and wardships, belonging to the para\nmount lords.\" 4 James Kent, Commentaries on American \nLaw *443-44 (George Comstock ed., 11th ed. 1866). \nsubinfeudatory (sab-in-fyoo-d;Hor-ee), n, A tenant \nholding lands by subinfeudation. \nsubjacent (sab-jay-sant), adj. (l6c) Located underneath \nor below <the land's subjacent support>. \nsubjacent support. See SUPPORT (4). \nsubject, adj. Referred to above; having relevance to the \ncurrent discussion <the subject property was then sold \nto Smith>. \nsubject, n. (14c) 1. One who owes allegiance to a sov\nereign and is governed by that sovereign's laws <the \nmonarchy'S subjects>. \n\"Speaking generally, we may say that the terms subject \nand citizen are synonymous. Subjects and citizens are \nalike those whose relation to the state is personal and not \nmerely territorial, permanent and not merely temporary. \nThis equivalent, however, is not absolute. For in the first \nplace, the term subject is commonly limited to monarchical \nforms of government, while the term citizen is more spe\ncially applicable in the case of republics. A British subject \nbecomes by naturalisation a citizen of the United States of \nAmerica or of France. In the second place, the term citizen \nbrings into prominence the rights and privileges of the \nstatus, rather than its correlative obligations, while the \nreverse is the case with the term subject. Finally it is to be subject-matter-neutral \nnoticed that the term subject is capable of a different and \nwider application, in which it includes all members ofthe \nbody politic, whether they are citizens (i.e., subjects stricto \nsensu) or resident aliens. All such persons are subjects, all \nbeing subject to the power of the state and to its jurisdic\ntion, and as owing to it, at least temporarily, fidelity and \nobedience.\" John Salmond, Jurisprudence 133 (Glanville L. \nWilliams ed . 10th ed. 1947). \nliege subject. See natural-born subject. \nnatural-born subject. A person born within the \ndominion of a monarchy, esp. England, -Also \ntermed liege subject. Cf. NATIONAL. \n2. The matter of concern over which something is \ncreated <the subject of the statute>. Also termed (in \nsense 2) subject matter. \nsubject, adj. Referred to above; haVing relevance to the \ncurrent discussion <the subject property was then sold \nto Smith>. \nsubjection. (14c) 1. The act of subjecting someone to \nsomething <their subjection to torture was unconscio\nnable>. 2. The condition of a subject in a monarchy; \nthe obligations surrounding such a person <a subject, \nwherever reSiding, owes fidelity and obedience to the \nCrown, while an alien may be released at will from \nall such ties of subjection>. 3. The condition of being \nsubject, exposed, or liable; liability <the defendants' \nsubjection to the plaintiffs became clear shortly after \nthe trial began>. -Also termed (in sense 3) liability; \nsusceptibility. \nsubjective, adj. (ISc) 1. Based on an individual's per\nceptions, feelings, or intentions, as opposed to exter\nnally verifiable phenomena <the subjective theory \nof contract -that the parties must have an actual \nmeeting of the minds -is not favored by most courts>. \n2. Personal; individual <subjective judgments about \npopular music>. Cf. OBJECTIVE. \nsubjective ethics. See MORAL RELATIVISM, \nsubjective impossibility. See IMPOSSIBILITY. \nsubjective meaning. See MEANING. \nsubjective method. See SHERMAN-SORRELLS DOC~ \nTRINE. \nsubjective novation. See NOVATION. \nsubjective standard. See STANDARD. \nsubjective theory of contract. (192S) The doctrine \n(now largely outmoded) that a contract is an agree\nment in which the parties have a subjective meeting \nof the minds. Often shortened to subjective theory. \nSee MEETING OF THE MINDS. Cf. OBJECTIVE THEORY OF \nCONTRACT. [Cases: Contracts \nsubject matter. 06c) 1. The issue presented for consid\neration; the thing in which a right or duty has been \nasserted; the thing in dispute. 2. PATENTABLE SUBJECT \nMATTER. -Sometimes written (as a noun) subject\nmatter. See SUBJECT (2); CORPUS (1). -subject-matter, \nadj. \nsubject-matter jurisdiction. See JURISDICTION. \nsubject-mauer-neutral. See NEUTRAL. \n\n1562 subject-matter test \nsubject-matter test. (1974) A method of determining \nwhether an employee's communication with a corpora\ntion's lawyer was made at the direction ofthe employ\nee's supervisors and in the course and scope of the \nemployee's employment, so as to be protected under \nthe attorney-client privilege, despite the fact that the \nemployee is not a member of the corporation's control \ngroup. Harper & Row Pubs., Inc. v. Decker, 423 F.2d \n487 (7th Cir. 1970), afT d per curiam by equally divided \nCourt, 400 U.S. 348, 91 S.Ct. 479 (1971). -Also termed \nDecker test. Cf. CONTROL-GROUP TEST. [Cases: Privi\nleged Communications and Confidentiality (;::::; 123.] \nsubject-matter waiver. See WAIVER (1). \nsubject of an action. The right or property at issue in a \nlawsuit; the basis ofa legal claim. Cf. object ofan action \nunder OBJECT (2). [Cases: Action (;::::; 1.] \nsubject of a right. (1876) 1. The owner of a right; the \nperson in whom a legal right is vested"}
{"text": "subject of a right. (1876) 1. The owner of a right; the \nperson in whom a legal right is vested. 2. OBJECT OF \nA RIGHT. \nsubject to liability, adj. (Of a person) susceptible to a \nlawsuit that would result in an adverse judgment; \nspecif., having engaged in conduct that would make \nthe actor liable for another's injury because the actor's \nconduct is the legal cause of the injury, the injured \nparty having no disability for bringing the lawsuit. \n[Cases: Action (;::::; 14.] \nsubject to open. (1906) Denoting the future interest of \na class ofpeople when this class is subject to a possible \nincrease or decrease in number. \nsub judice (sdb joo-di-see also suub yoo-di-kay), adv. \n[Latin \"under a judge\"] (17c) Before the court or judge \nfor determination; at bar <in the case sub judice, there \nhave been no out-of-court settlements> . Legal writers \nsometimes use \"case sub judice\" where \"the present \ncase\" would be more comprehensible. \nsubjugation. See DEBELLATIO. \nsublease, n. A lease by a lessee to a third party, convey\ning some or all ofthe leased property for a term shorter \nthan or equal to that ofthe lessee, who retains a rever\nsion in the lease. -Also termed subtenancy; deriva\ntive lease; and (esp. in England) underlease. [Cases: \nLandlord and Tenant (;::::;80.] -sublease, sublet, vb. \nsublessee. (1882) A third party who receives by lease \nsome or all ofthe leased property from a lessee. -Also \ntermed subtenant and (esp. in England) undertenant. \n[Cases: Landlord and Tenant (;::::;80.] \nsublessor. (1884) A lessee who leases some or all of the \nleased property to a third party. -Also termed (esp. \nin England) underlessor. [Cases: Landlord and Tenant \n(;::::;80.] \nsublicense. (1880) A license or contract granting to a \nthird party a portion or all ofthe rights granted to the \nlicensee under an original license. \nsubmarine patent. See PATENT (3). \nsubmission, n. (14c) 1. A yielding, or readiness to yield, \nto the authority or will ofanother <his resistance ended \nin an about-face: complete submission>. 2. A contract in which the parties agree to refer their dispute to a \nthird party for resolution <in their submission to arbi\ntration, they referred to the rules of the American \nArbitration Association>. [Cases: Alternative Dispute \nResolution (;::::; 160-174.] 3. An advocate's argument \n<neither the written nor the oral submissions were par\nticularly helpful>. -submit, vb. \nsubmission bond. See BOND (2). \nsubmission date. See DATE. \nsubmission of controversy. 1. The completion of the \nseries ofacts by which the parties to a particular dispute \nplace any matter of real controversy existing between \nthem before a court with jurisdiction for a final deter\nmination. 2. A statutory action in which the parties \nsubmit their dispute to a court that has jurisdiction, \nagree on and sign a statement of facts, swear that the \ncontroversy is real, and swear that the suit is brought in \ngood faith. [Cases: Submission of Controversy (;::::; 1.] \nsubmission to a finding. The admission to facts sufficient \nto warrant a finding ofguilt. -Also termed admission \nto sufficient facts. \nsubmission to the jury. (1818) The process by which \na judge gives a case to the jury for its consideration \nand verdict, usu. after all evidence has been presented, \narguments have been completed, and jury instructions \nhave been given. \nsubmit, vb. To end the presentation offurther evidence \nin (a case) and tender a legal position for decision <case \nsubmitted, Your Honor>. \nsub modo (sdb moh-doh). [Latin] Subject to a modifica\ntion or qualification <the riparian landowner enjoys \nthe property sub modo, i.e., subject to the right of the \npublic to reserve enough space for levees, public roads, \nand the like>. \nsubmortgage. See MORTGAGE. \nsub nomine (sdb nom-d-nee). [Latin] (1861) Under the \nname of. This phrase, typically in abbreviated form, \nis often used in a case citation to indicate that there \nhas been a name change from one stage of the case to \nanother, as in Guernsey Memorial Hosp. v. Secretary of \nHealth and Human Servs., 996 F.2d 830 (6th Cir. 1993), \nrev'd sub nom. Shalala v. Guernsey Memorial Hosp., 514 \nU.S. 87, US S.Ct. 1232 (1995). -Abbr. sub nom. \nsubnotation. RESCRIPT (3). \nsubordinate (sd-bor-dd-nit), adj. (15c) 1. Placed in or \nbelonging to a lower rank, class, or position <a subor\ndinate lien>. 2. Subject to another's authority or control \n<a subordinate lawyer>. \nsubordinate (sd-bor-dd-nayt), vb. (17c) To place in a lower \nrank, class, or position; to assign a lower priority to \n<subordinate the debt to a different class of claims>. \nsubordinated bond. See junior bond under BOND (3). \nsubordinate debenture. See DEBENTURE. \nsubordinate debt. See DEBT. \nsubordinate legislation. See LEGISLATION. \n\n1563 \nsubordinate officer. See OFFICER (1). \nsubordinate political power. See POLITICAL POWER. \nsubordination, n. 1. The act or an instance of moving \nsomething (such as a right or claim) to a lower rank, \nclass, or position <subordination of a first lien to a \nsecond lien>. [Cases: Secured Transactions 147.] \n2. Parliamentary law. The status and relation of a lower\nranking governing document to a higher-ranking \none. _ A higher-ranking document supersedes and \ncontrols a subordinate document if there is any incon\nsistency between them. See governing document under \nDOCUMENT. -subordinate, adj. \nsubordination clause. 1. In a legal instrument, a clause \nthat explicitly acknowledges the one party's claim \nof interest is inferior to that of another party. 2. A \ncovenant in a junior mortgage enabling the first lien \nto keep its priority in case of renewal or refinancing. \nrCases: Mortgages 3. In a legal instrument, \na clause that explicitly subjects its provisions to those \nin a higher-ranking document. \nsubordination agreement. See AGREEMENT. \nsuborn (s;}-born), vb. [Latin subonare, from sub \"secretly \n+ ornare \"to furnish; equip\"] (l6c) 1. To induce (a \nperson) to commit an unlawful or wrongful act, esp. \nin a secret or underhanded manner. 2. To induce (a \nperson) to commit perjury. 3. To obtain (perjured tes\ntimony) from another. -subornation (s;}b-or-nay\nsh;}n), n. -suborner (sa-bor-n;}r), n. \nsubornation of perjury. (16c) The crime ofpersuading \nanother to commit perjury. Sometimes shortened to \nsubornation. [Cases: Perjury (;::::/ 13.] \nsubparagraph form. A style of legal drafting that uses \nindented subparagraphs for enumerated items; esp., \na style of drafting patent claims in this form so as \nto distinguish clearly between each of the claimed \nelements. -Also termed tabular form. Cf. COLON\nSEMICOLON FORM; OUTLINE FORM; SINGI.E-PARAGRAPH \nFORM. \nsubpartnership. See PARTNERSHIP. \nsub pede sigilli (s;}b pee-dee si-jil-I). [Latin] Under the \nfoot of the seal. \nSUbpena. See SUBPOENA. \nsubpermittee. See PERMITTEE. \nsubpoena (s;}-pee-n<l), n. [Latin \"under penalty\"] (I5c) A \nwrit or order commanding a person to appear before a \ncourt or other tribunal, subject to a penalty for failing \nto comply. Also spelled subpena. [Cases: Witnesses \nPI. subpoenas. \naccommodation subpoena. Seefriendly subpoena. \nadministrative subpoena. A subpoena issued by an \nadministrative agency to compel an individual to \nprovide information to the agency. -The subpoena \nmay take the form of a subpoena ad testificandum or \na subpoena duces tecum. [Cases: Administrative Law \nand Procedure 358.] subrogation \nalias subpoena (ay-Iee-;}s s;}-pee-n<l). (18c) A second \nsubpoena issued after an initial subpoena has failed. \ndeposition subpoena. 1. A subpoena issued to summon \na person to make a sworn statement in a time and \nplace other than a trial. [Cases: Federal Civil Pro\ncedure 1353; Pretrial Procedure 129.] 2. In \nsome jurisdictions, a subpoena duces tecum. [Cases: \nFederal Civil Procedure C=:> 1354; Pretrial Procedure \nG=130.] \nfriendly subpoena. A subpoena issued to a person or \nentity that is willing to testify or produce documents, \nbut only if legally required to do so. -The subpoena \nmay protect the information provider from retalia\ntion from others because the provider is required to \ncomply. Also termed accommodation subpoena. \nsubpoena ad testificandum (s;}-pee-n;} ad tes-t<l-fi\nkan-d;}m). [Law Latin] (1807) A subpoena ordering \na witness to appear and give testimony. [Cases: Wit\nnesses \nsubpoena duces tecum (s;}-pee-n<l d[y]oo-seez tee-bm \nalso doo-sn tay-kam). [Law Latin] (18c) A subpoena \nordering the witness to appear in court and to bring \nspecified documents, records, or things. -Also \ntermed deposition subpoena duces tecum. [Cases: \nWitnesses (;::::/16.) \nsubpoena, vb. (l7c) 1. To serve with a subpoena to appear \nbefore a court or other tribunal <subpoena the material \nwitnesses>. [Cases: Witnesses <::=>7.) 2. To order the \nproduction of(documents or other things) by subpoena \nduces tecum <subpoena the corporate records>. Also \nspelled subpena. [Cases: Witnesses (;::::/16.] \nsubpoenal (s<l-pee-n;}!), adj. (1969) Required or done \nunder penalty, esp. in compliance with a subpoena. \nsub potestate (sab poh-tes-tay-tee). [Latin] Under the \npower of another, as with a child or other person not \nsui juris. Cf. SUI JURIS. \nsub potestate parentis (sab poh-tes-tay-tee p;}-ren-tis). \n[Latin] Hist. Under the authority of a parent. \nsub potestate viri. Hist. (Of a wife) under the protection \nof a husband. \nsubprime loan. See LOAN. \nsubreptio (s<lb-rep-shee-oh), n. [Latin \"surreptitious \nremoval\"] Roman law. 1. Theft. 2. The obtaining of a \ngrant from the emperor under false pretenses. -Also \ntermed (in French law) subreption. PI. subreptiones \n(s;}b-rep-shee-oh-neez). \nsubreptione vel obreptione (s<lb-rep-shee-oh-nee vel \nob-rep-shee-oh-nee), adv. [btin) Hist. By deceit or \nsurprise; by concealing the truth or affirming a false\nhood. \nsubrogate (sab-r;}-gayt), vb. (l5c) To substitute (a person) \nfor another regarding a legal right or claim. [Cases: \nSubrogation (;::::/1.] \nsubrogation (s;}b-r;}-gay-sh;}n), n. (I5c) 1. The substi\ntution of one party for another whose debt the party \npays, entitling the paying party to rights, remedies, or \n\nsecurities that would otherwise belong to the debtor . \nFor example, a surety who has paid a debt is, by subro\ngation, entitled to any security for the debt held by the \ncreditor and the benefit of any judgment the creditor has \nagainst the debtor, and may proceed against the debtor \nas the creditor would. Subrogation most commonly \narises in relation to insurance policies. [Cases: Sub\nrogation (::::0 1,33.] 2. The equitable remedy by which \nsuch a substitution takes place. 3. The principle under \nwhich an insurer that has paid a loss under an insur\nance policy is entitled to all the rights and remedies \nbelonging to the insured against a third party with \nrespect to any loss covered by the policy. See EQUITY \nOF SUBROGATION; ANTISUBROGATION RULE. [Cases: \nInsurance (::::03509,3513.] \n;'Subrogation is equitable assignment. The right comes \ninto existence when the surety becomes obligated, and \nthis is important as affecting priorities; but such right of \nsubrogation does not become a cause of action until the \ndebt is fully paid. Subrogation entitles the surety to use any \nremedy against the principal which the creditor could have \nused, and in general to enjoy the benefit of any advantage \nthat the creditor had, such as a mortgage, lien, power to \nconfess judgment, to follow trust funds, to proceed against \na third person who has promised either the principal or the \ncreditor to pay the debt:' Laurence P. Si mpson, Handbook \non the Law ofSuretyship 205 (1950). \n\"Subrogation simply means substitution of one person \nfor another; that is, one person is allowed to stand in the \nshoes of another and assert that person's rights against \nthe defendant. Factually, the case arises because, for some \njustifiable reason, the subrogation plaintiff has paid a debt \nowed by the defendant.\" Dan B"}
{"text": "because, for some \njustifiable reason, the subrogation plaintiff has paid a debt \nowed by the defendant.\" Dan B. Dobbs, Law of Remedies \n 4.3, at 404 (2d ed. 1993). \nconventional subrogation. Subrogation that arises by \ncontract or by an express act of the parties. [Cases: \nSubrogation ~~27.] \nlegal subrogation. Subrogation that arises by operation \noflaw or by implication in equity to prevent fraud or \ninjustice. Legal subrogation usu. arises when (1) the \npaying party has a liability, claim, or fiduciary rela\ntionship with the debtor, (2) the party pays to fulfill \na legal duty or because ofpublic policy, (3) the paying \nparty is a secondary debtor, (4) the paying party is a \nsurety, or (5) the party pays to protect its own rights \nor property. -Also termed equitable subrogation. \n[Cases: Subrogation (::::01-25.] \nreal subrogation. Civil law. The substitution of one \nthing for another. \nsubrogation clause. 1. Insurance. A provision in a \nproperty- or liability-insurance policy whereby the \ninsurer acquires certain rights upon paying a claim \nfor a loss under the policy . These rights include (1) \ntaking legal action on behalf ofthe insured to recover \nthe amount of the loss from the party who caused the \nloss, and (2) receiving a full or proportionate amount \nof the benefits (such as disability compensation) paid \nto the insured under a statutory plan. 2. Oil & gas. A \nprovision in an oil-and-gas lease permitting the lessee \nto pay taxes, mortgages, or other encumbrances on the \nleased property and to recover those payments out of \nfuture proceeds under the lease. subrogative (sab-rG-gay-tiv), ad). Of or relating to sub\nrogation <subrogative rights>. -Also termed subroga\ntory; subrogational. \nsubrogee (8Gb-rG-gee). One who is substituted for another \nin having a right, duty, or claim; esp., the person or \nentity that assumes the right to attempt to collect on \nanother's claim against a third party by paying the \nother's claim-related debts or expenses . An insur\nance company frequently becomes a subrogee after \npaying a policy claim, as a result of which it is then in \na position to sue a tortfeasor who injured the insured \nor otherwise caused harm. \nsubrogor (sGb-rG-gor). One who allows another to be \nsubstituted for oneself as creditor, with a transfer of \nrights and duties; esp., one who transfers a legal right \nto collect a claim to another in return for payment of \nthe transferor's claim-related debts or expenses. \nsub rosa (sdb roh-zG), adj. [Latin \"under the rose\"] Rist. \nConfidential; secret; not for publication. \nsub salvo et securo conductu (5Gb sal-voh et si-kyoor\noh kGn-d3k-t[y]00). [Law Latin] Rist. Under safe and \nsecure conduct.  This phrase was used in writs of \nhabeas corpus. \nsubscribed capital. See CAPITAL. \nsubscribed stock. See STOCK. \nsubscribing witness. See WITNESS. \nsubscriptio (sdb-skrip-shee-oh), n. [Latin] Roman law. 1. \nA Signature, esp. a name written under or at the bottom \nof a document to authenticate it; an imperial rescript. \n2. A signature to a will, required in certain cases in \naddition to the seals of witnesses. PI. subscriptiones \n(sGb-skrip-shee-oh -neez). \nsubscription, n. (I5c) 1. The act of signing one's name \non a document; the signature so affixed. 2. Securities. \nA written contract to purchase newly issued shares of \nstock or bonds. Also termed (in connection with \nstock) stock subscription. [Cases: Corporations \n75.1.] 3. An oral or a written agreement to contribute a \nsum ofmoney or property, gratuitously or with consid\neratiol1, to a specific person or for a specific purpose. \nAlso termed subscription contract. 4. RESCRIPT (3). \n[Cases: Subscriptions ~~1.J -subscribe, vb. sub\nscriber, n. \nsubscription contract. See SUBSCRIPTION (3). \nsubscription list. An enumeration of subscribers to an \nagreement, periodical, or service. \nsubscription price. The fixed price at which investors \ncan buy shares in a new stock offering before the shares \nare offered to the public. [Cases: Corporations \n158.] \nsubscription privilege. See PREEMPTIVE RIGHT. \nsubscription right. A certificate evidencing a share\nholder's right (known as apreemptive right) to purchase \nnewly issued stock before the stock is offered to the \npublic. Subscription rights have a market value and \nare actively traded because they allow the holder to \n\n1565 \npurchase stock at favorable prices. -Also termed \nstock right. See PREEMPTIVE RIGHT. [Cases; Corpora\ntions 0=>78,158.] \nsubscription warrant. See WARRANT (4). \nsubscriptor (s\"b-skrip-tor or -t\"r), n. [Latin] Roman law. \n1. A person who made or signed a written accusation \nofcrime against a particular person. 2. The witness to \na will. Pi. subscriptores. \nsubsellia (s\"b-sel-ee-,,), n. [Latin fro sub \"under\" + sella \n\"seat\"] Roman law. Lower seats in a court, usu. occupied \nby the parties or their witnesses, as distinguished from \nthe seat ofthe tribunal. \nsubsequent, adj. (15c) (Of an action, event, etc.) occur\nring later; coming after something else. \nsubsequent-advance rule. Bankruptcy. The principle \nthat a preferential transfer by the debtor will not be \navoided or rescinded by the debtor's bankruptcy trustee \nif(1) the creditor extended new value to the debtor after \nreceiving the preferential transfer, (2) the new value is \nunsecured, and (3) the new value remains unpaid after \nits transfer. II USCA  547(c)(4). [Cases; Bankruptcy \n0=>2613(4).] \nsubsequent creditor. See CREDITOR. \nsubsequente copula (s\"b-si-kwen-tee kop-p-Ia). [Law \nLatin] Hist. Carnal intercourse having followed. \nsubsequent negligence. See NEGLIGENCE. \nsubsequent-negligence doctrine. See LAST-CLEAR\nCHANCE DOCTRINE. \nsubsequent remedial measure. (usu. pl.) (1956) Evidence. \nAn action taken after an event, which, if taken before \nthe event, would have reduced the likelihood of the \nevent's occurrence. _ Evidence ofsubsequent remedial \nmeasures, such as repairs made after an accident or \nthe installation of safety equipment, is not admissible \nto prove negligence, but it may be admitted to prove \nownership, control, feasibility, or the like. Fed. R. Evid. \n407. [Cases: Evidence C='219.10.] \nsubservant. See subagent under AGENT (2). \nsubsidence (sab-srd-an[tls), n. Any downward movement \nof the soil from its natural position; esp., a sinking of \nsoiL \nsubsidiarie (sab-sid-ee-air-ee-ee). [Law Latin] Scots law. \nSubsidiarily. \nsubsidiary (s\"b-sid-ee-er-ee), adj. Subordinate; under \nanother's controL See subsidiary corporation under \nCORPORATION. \nsubsidiary, n. See subsidiary corporation under CORPO\nRATION. \nsubsidiary corporation. See CORPORATION. \nsubsidiary merger. See triangular merger under \nMERGER. \nsubsidiary motion. See MOTION (2). \nsubsidy (s<lb-sa-dee), n. (l4c) 1. A grant, usu. made by \nthe government, to any enterprise whose promotion \nis considered to be in the public interest . Although substantial-capacity test \ngovernments sometimes make direct payments (such \nas cash grants), subsidies are usu. indirect. They may \ntake the form of research-and-development support, \ntax breaks, provision of raw materials at below-mar\nket prices, or low-interest loans or low-interest export \ncredits guaranteed by a government agency. -Also \ntermed grant. [Cases; United States <>=82(1).] 2. A \nspecific financial contribution by a foreign government \nor public entity conferring a benefit on exporters to \nthe United States . Such a subsidy is countervailable \nunder 19 USCA  1671, 1677. [Cases; Customs Duties \n0=>21.5(2).] \ncountervailable subsidy (kown-t<lr-vayl-<l-b\"l). A \nforeign government's subsidy on the manufacture of \ngoods exported to another country, giving rise to the \nimporting country's entitlement to impose a coun\ntervailing duty on the goods if their import caused \nor threatens to cause material injury to domestic \nindustry. See countervailing duty under DUTY (4). \n[Cases: Customs Duties 0=>21.5(2).] \n3. lnt'llaw. Financial assistance given by one nation to \nanother to preserve the receiving nation's neutrality or \nto support it in a war, even ifthe donor nation does not \ndirectly participate. subsidize, vb. \nsub sigillo (s\"b si-jil-oh). [Latin \"under the seal (of con\nfessionrJ Hist.ln the strictest confidence. \nsub silentio (s\"b si-Ien-shee-oh). [Latin] (l7c) Under \nsilence; without notice being taken; without being \nexpressly mentioned (such as precedent sub silentio). \nsubsistence. (17c) Support; means ofsupport. See NEC\nESSARIES. \nsub spe reconciliationis (s\"b spee rek-dn-siI-ee-ay\nshee-oh-nis). [Latin] Hist. Under the hope of recon\ncilement. \nsubstance. (l4c) ]. The essence ofsomething; the essen\ntial quality ofsomething, as opposed to its mere form \n<matter ofsubstance>. 2. Any matter, esp. an addictive \ndrug <illegal substance> <abuse ofa substance>. \nsubstance-abuse evaluation and treatment. (1983) A \ndrug offender's court-ordered participation in a drug \nrehabilitation program. -This type oftreatment is esp. \ncommon in DUI cases. Abbr. SAET. \nsubstantial-capacity test. (1968) Criminal law. The \nModel Penal Code's test for the insanity defense, stating \nthat a person is not criminally responsible for an act if, \nas a result ofa mental disease or defect, the person lacks \nsubstantial capacity either to appreciate the criminality \nof the conduct or to conform the conduct to the law. \n This test combines elements of both the McNaghten \nrules and the irresistible-impulse test by allowing con\nsideration ofboth volitional and cognitive weaknesses. \nThis test was formerly used by the federal courts and \nmany states, but since 1984 many jurisdictions (includ\ning the federal courts) in response to the acquittal \nby reason ofinsanity ofwould-be preSidential assassin \nJohn Hinckley -have narrowed the insanity defense \nand adopted a new test resembling the McNaghten \nrules, although portions ofthe substantial-capacity test \n\n1566 substantial-cause test \ncontinue to be used. Model Penal Code  4.01. -Also \ntermed Model Penal Code test; MPC test; American Law \nInstitute test; ALI test. See INSANITY DEFENSE. [Cases: \nCriminal Law C=:>48.] \nsubstantial-cause test. (1929) Torts. The principle that \ncausation exists when the defendant's conduct is an \nimportant or significant contributor to the plaintiff's \n1l1Juries. Also termed substantial-factor test. Cf. \nBUT-FOR TEST. [Cases: Negligence (;:::>380.] \nsubstantial-certainty test. Copyright. The test for \ndeciding whether a second work was copied from the \nfirst. -The question is whether a reasonable observer \nwould conclude with substantial certainty that the \nsecond work is a copy. [Cases: Copyrights and Intel\nlectual Property C=:>53(1).] \nsubstantial change in circumstances. See CHANGE IN \nCIRCUMST ANCES. \nsubstantial-compliance rule. See SUBSTANTIAL-PER\nFORMANCE DOCTRINE. \nsubstantial-continuity doctrine. A principle for holding \na successor corporation liable for the acts of its prede\ncessor corporation, ifthe successor maintains the same \nbusiness as the predecessor, with the same employees, \ndoing the same jobs, for the same supervisors, under \nthe same working conditions, and using the same pro\nduction processes to produce the same products for the \nsame customers. Also termed continuity-of-enter\nprise doctrine. Cf. MERE-CONTINUATION DOCTRINE. \n[Cases: Corporations (;:::>445.1.] \nsubstantial damages. See DAMAGES. \nsubstantial equivalent. Patents. A device or process that \nfalls outside a patent claim's literal scope but performs \nthe same function in substantially the same way. \nAlso termed substantial eqUivalent ofa patented device. \nSee tripartite test. [Cases: Patents C=237.) \nsubstantial error. See ERROR (2). \nsubstantial evidence. See EVIDENCE. \nsubstantial-evidence jurisdiction. See significant-con\nnection jurisdiction under JURISDICTION. \nsubstantial-evidence rule. (1938) The principle that \na reviewing court should uphold an administrative \nbody's ruling ifit is supported by evidence on which the \nadministrative body could reasonably base its decision. \n[Cases: Administrative Law and Procedure \nsubstantial-factor test. (1929) See St.:BSTANTIAL-CAUSE \nTEST. \nsubstantial justice. See JUSTICE (1). \nsubstantially justified. (Of conduct, a position, etc.) \nhaving a reasonable basis in law and in fact. -Under \nthe Equal Access to Justice Act, a prevailing party in \na lawsuit against the government will be unable"}
{"text": "in fact. -Under \nthe Equal Access to Justice Act, a prevailing party in \na lawsuit against the government will be unable to \nrecover its attorney's fees if the government's position \nis substantially justified. [Cases: United States \n147(10).] \nsubstantial new question of patentability. Patents. A \nsignificant, freshly arisen issue relating to the validity ofa patent, triggering the statutory threshold required \nfor the Director of the u.s. Patent and Trademark \nOffice to order that a patent's validity be reexamined. \n-An examination cannot be reopened solely on issues \nofprior art and issues that came up during the original \nexamination. The Director's determination is final and \nnot appealable. 35 USCA  303-04. [Cases: Patents \n136.J \nsubstantial non infringing use. See COMMERCIALLY SIG\nNIFICANT NON INFRINGING USE. \nsnbstantial performance. See PERFORMANCE. \nsubstantial-performance doctrine. (1936) The rule \nthat if a good-faith attempt to perform does not pre\ncisely meet the terms of an agreement or statutory \nrequirements, the performance will still be consid\nered complete if the essential purpose is accomplished, \nsubject to a claim for damages for the shortfall. -Under \nthe Uniform Probate Code, a will that is otherwise void \nbecause some formality has not been followed may still \nbe valid under the substantial-performance doctrine. \nBut this rule is not widely followed. -Also termed sub\nstantial-compliance rule. Cf. PERFECT-TENDER RULE. \n[Cases: Contracts C=:>294.] \n\"There has arisen in the United States an indefinite doctrine \nsometimes referred to as that of substantial performance. \nIt is a doctrine that deals not with performance of a duty as \na discharge thereof but with performance by the plaintiff \nas a condition precedent to the active duty of performance \nby the defendant. Where a defendant is sued for nonper \nformance he cannot avoid paying damages by showing \nthat he substantially performed or came near performing \nor gave something equally good; but he can always suc\ncessfully defend if in fact some condition precedent to his \nown duty has not been fulfilled by the plaintiff.\" William \nR. Anson, Principles of the Law of Contract 422 (Arthur L. \nCorbin ed., 3d Am. ed. 1919). \nsubstantial possession. See pedis possessio under pos-\nSESSIO. \nsubstantial right. See RIGHT. \nsubstantial similarity. See SIMILARITY. \nsubstantial-step test. (1980) Crimina/law. 1be Model \nPenal Code's test for determining whether a person is \nguilty of attempt, based on the extent of the defendant's \npreparation for the crime, the criminal intent shown, \nand any statements personally made that bear on the \ndefendant's actions. Model Penal Code  S.Ol(l)(c). See \nATTEMPT. [Cases: Criminal Law (>44.] \nsubstantiate, vb. (I7c) To establish the existence or truth \nof (a fact, etc.), esp. by competent evidence; to verify. \nsubstantive consolidation. See CONSOLIDATION. \nsubstantive crime. See substantive offense under OFFENSE \n(1). \nsubstantive due process. See DUE PROCESS. \nsubstantive evidence. See EVIDENCE. \nsubstantive examination. Patents. A patent examiner's \nin-depth study of a patent application to determine \nwhether a patent should be granted. \n\n1567 \nsubstantive felony. See substantive offense under OFFENSE \n(1). \nsubstantive law (sab-stan-tiv). (18c) The part ofthe law \nthat creates, defines, and regulates the rights, duties, \nand powers ofparties. Cf. PROCEDURAL LAW. \n\"SO far as the administration ofjustice is concerned with \nthe application of remedies to violated rights, we may \nsay that the substantive law defines the remedy and the \nright, while the law of procedure defines the modes and \nconditions of the application of the one to the other.\" John \nSalmond, jurisprudence 476 (Glanville L. Williams ed., 10th \ned.1947). \nsubstantive main motion. See original main motion \nunder MOTION (2). \nsubstantive motion. See original main motion under \nMOTION (2). \nsubstantive offense. See OFFENSE (1). \nsubstantive right. See RIGHT. \nsubstantive rule. See LEGISLATIVE RULE. \nsubstantive un~onscionability. See UNCONSCIONABIL\nITY. \nsubstitute, n. 1. One who stands in another's place <a \nsubstitute for a party>. See SUBSTITUTION OF PARTIES; \nSUBROGATION. 2. Civil law. A person named in a will \nas heir to an estate after the estate has been held and \nthen passed on by another specified person (called the \ninstitute). See INSTITUTE (5). 3. Parliamentary law. \nA form of the motion to amend by replacing one or \nmore words with others. See amendment by substitut\ning under AMENDMENT (3). 4. Scots law. A deputy. \nsubstitute, vb. \nsubstitute amendment. See AMENDMENT (3). \nsubstitute application. See PATENT APPLICATION. \nsubstituted agreement. See NOVATION. \nsubstituted basis. See BASIS. \nsubstituted ~omplaint. See amended complaint under \nCOMPLAINT. \nsubstituted contract. See CONTRACT. \nsubstituted exe~utor. See EXECUTOR. \nsubstituted-judgment doctrine. (1967) A principle that \nallows a surrogate decision-maker to attempt to estab\nlish, with as much accuracy as possible, what health\ncare decision an incompetent patient would make if \nhe or she were competent to do so. -The standard \nof proof is by clear and convincing evidence. Gener\nally, the doctrine is used for a person who was once \ncompetent but no longer is. -Also termed doctrine \nofsubstituted judgment. Cf. SPIRITUAL-TREATMENT \nEXEMPTION; medical neglect under NEGLECT. [Cases: \nHealth <8=>910.] \nsubstitute drawing. See DRAWING. \nsubstituted service. See SERVICE (2). \nsubstitute gift. See GIFT. \nsubstitute information in lieu of indictment. See \nINFORMATION. substitution-of-judgment doctrine \nsubstitute obligation. See OBLIGATION. \nsubstitute specification. See SPECIFICATION (3). \nsubstitutio heredis (sdb-std-t[y]oo-shee-oh hd-ree-dis). \n[Latin] Roman law. 1. See SUBSTITUTION (3). 2. See SUB\nSTITUTION (4). \nsubstitution. (14c) 1. A designation ofa person or thing \nto take the place of another person or thing. 2. The \nprocess by which one person or thing takes the place \nofanother person or thing. [Cases: Federal Civil Pro\ncedure C=>351; Parties (;::.='57.] 3. Parliamentary law. \nAn amendment by replacing one or more words with \nothers. See amendment by substituting under AMEND\nMENT (3). 4. Roman law. The nomination of a person \nto take the place of a previously named heir who has \nrefused or failed to accept an inheritance. Also \ntermed common substitution; vulgar substitution. 5. \nRoman law. The nomination of a person to take the \nplace of, or to succeed, a descendant who is under the \nage ofpuberty and in the potestas ofthe testator, ifthe \ndescendant has died before reaching puberty. -This \ntype ofsubstitution was known as a pupillary substitu\ntion. Ifa descendant ofany age failed to take by reason \noflunacy, the substitution was known as an exemplary \nsubstitution or quaSi-pupillary substitution. 6. Roman \nlaw. A testator's deSignation ofa person to whom the \nproperty was to be given by the person named as heir, \nor by the heir ofthat person. Also termed fideicom\nmissary substitution. See FIDEICOMMISSUM. 7. Civil \nlaw. The designation ofa person to succeed another as \nbeneficiary ofan estate, usu. involVing a fideicommis\nsum. Also termed (in senses 6 & 7) fideicommissary \nsubstitution. [Cases: Wills \nprohibited substitution. Louisiana law. TIle deSig\nnation of a person who is not a trustee to take full \nownership ofproperty and deliver it to another des\nignated person at death. _ The first donee is called the \ninstitute, the second the substitute. See INSTITUTE (5); \nS{;BSTITUTE (2). [Cases: Wills C=>553.] \nsubstitutional, adj. (14c) Capable oftaking or supplying \nthe position ofanother <substitutional executor> <sub\nstitutional issue>. -Also termed substitutionary. \nsubstitutional gift. See substitute gift under GIFT. \nsubstitutional legacy. See LEGACY. \nsubstitutional remedy. See REMEDY. \nsubstitutionary. See SUBSTITUTIONAL. \nsubstitutionary evidence. See secondary evidence under \nEVIDENCE. \nsubstitutionary remedy. See REMEDY. \nsubstitution-of-judgment doctrine. 1. Administrative \nlaw. The standard for reviewing an agency's decision, \nby which a court uses its own independent judgment \nin interpreting laws and administrative regulations \nrather than deferring to the agency when the \nagency's interpretation is not instructive or the regu\nlations do not involve matters requiring the agency's \nexpertise. [Cases: Administrative Law and Procedure \nC=>760, 784, 796.]2. Wills & estates. The principle that \n\n1568 substitution of parties \na guardian, conservator, or committee ofan incompe\ntent person may make gifts out of that person's estate. \nsubstitution ofparties. The replacement ofone litigant \nby another because of the first litigant's death, incom\npetency, transfer of interest, or, when the litigant is a \npublic official, separation from office. [Cases: Federal \nCivil Procedure (;:::=>352; Parties \nsubstraction (sab-strak-sh,m), n. (1814) The secret misap\npropriation of property, esp. from a decedent's estate. \nsubsume (sab-s[y]oom), vb. (1825) To judge as a particu\nlar instance governed by a general principle; to bring (a \ncase) under a broad rule. subsumption (sab-s;lmp\nshan), n. \nsub suo periculo (sab s[y]oo-oh pa-rik-[Y]<l-loh). [Law \nLatin] Rist. At his own risk. \nsubsurety (sab-shuur[-<lJ-tee)_ (1916) A person whose \nundertaking is given as additional security, usu. con\nditioned not only on nonperformance by the principal \nbut also on nonperformance by an earlier promisor as \nwell; a surety with the lesser liability in a subsuretyship. \n[Cases: Principal and Surety (;:::=>191.] \nsubsuretyship (s<lb-shuur[-al-tee-ship). (1967) The \nrelation between two (or more) sureties, in which a \nprincipal surety bears the burden ofthe whole perfor\nmance that is due from both sureties; a relationship in \nwhich one surety acts as a surety for another. [Cases: \nPrincipal and Surety G,191.] \nsubsurface interest. 1. A landowner's right to the \nminerals and water below the property. [Cases: Mines \nand Minerals (;:::=>47; Waters and Water Courses \n100, 101.] 2. A similar right held by another through \ngrant by, or purchase from, a landowner. Cf. SURFACE \nINTEREST; MIKERAL INTEREST. \nsubtenancy. See SUBLEASE. \nsubtenant. See SUBLESSEE. \nsubterfuge (s<lb-t<lr-fyooj). (16c) A clever plan or idea \nused to escape, avoid, or conceal something <a subter\nfuge to avoid liability under a statute>. \nsubterfuge arrest. See ARREST. \nsubterranean water. See WATER. \nsubtraction. 1. The process ofdeducting one number \nfrom another number to determine the difference. 2. \nRist. The act of neglecting a duty or service that one \nparty owes to another, esp. one that arises out ofland \ntenure. \n\"Subtraction, which is the fifth species of injuries affect\ning a man's real property, happens, when any person who \nowes any suit, duty, custom, or service to another, with\ndraws or neglects to perform it. It differs from a disseiSin, \nin that this is committed without any denial of the right, \nconsisting merely in non-performance; that strikes at the \nvery title of the party injured, and amounts to an ouster or \nactual dispossession. Subtraction however, being clearly an \ninjury, is remediable by due course of law; but the remedy \ndiffers according to the nature of the services; whether \nthey be due by virtue of any tenure, or by custom only.\" 3 \nWilliam Blackstone, Commentaries on the Laws ofEngland \n230 (1768). subtraction ofconjugal rights. Rist. The act of a husband \nand wife unlawfully living apart. \nsubtrahend (sab-tra-hend). In a mathematical equation, \nthe amount subtracted from another number (the \nminuend) to arrive at a remainder or balance. The \nterm is used in law in a variety ofaccounting contexts. \nCf. MINUEND. \nsuburbani (s<lb-ar-bay-m), n. [Latin] Roman law. 1. Hus\nbandmen. 2. Large country estates just outside Rome, \nsubvention (sab-ven-shan). A grant of financial aid or \nassistance; a subsidy. [Cases: United States \nsubversion. (14c) The process ofoverthrowing, destroy\ning, or corrupting <subversion of legal principles> \n<subversion of the government>. \n'Subversion can succeed where diplomacy has failed. Sub\nversion exceeds the bounds of diplomacy in that it employs \nmethods which diplomacy abhors; it does not wince at \nassassination, riot, pillage, and arson, if it believes these to \nbe useful in the attainment of its ends. SubverSion is a form \nof war. It may include the use of propaganda ... to sway the \nth"}
{"text": "of its ends. SubverSion is a form \nof war. It may include the use of propaganda ... to sway the \nthinking and action of influential SOCial groups, especially \nattempting to discredit the leadership of the target area, \nlabeling it as the 'tool' of ... any convenient target for \nemotional hatred. By inflaming passion, the purveyors of \nviolent propaganda can stir up peaceful citizens so that \nin minutes they are transformed into a terrifying mob. \nThe art of subversion has developed the technique of the \nmanipulation of mobs to a high degree.\" T. Wyckoff, War \nby Subversion, 59 South Atlantic Q. 36 (1960). \n'Prior to World War II, subversive activities were thought \nto cover cases where states attempted to achieve certain \npolitical ends of fomenting civil strife in another state or by \nsupporting rebellion against the legally established govern\nment of another state by giving to the rebels supplies of \npersonnel, training facilities, war materials, or munitions \nand by engaging in hostile propaganda against the victim \nstate and its government .... By the beginning of World \nWar II, the concept of subversion had been expanded to \ninclude the attempt of one state to weaken or overthrow \nthe government of another by means of infiltration of its \ngovernmental apparatus with conspirators who strongly \nopposed the domestic policy of their own government and \nwillingly served as clandestine instruments in the conduct \nof an alien state's foreign policy. But with increased mili\ntancy of modern ideologies, ... subversive activities are \nno longer seen in many quarters as advancing the foreign \npolicy of a nation or nations, but rather are thought to \nadvance universal human values, i.e., the specific ideo\nlogical theory adhered to.\" Ann Van Wynen Thomas &A.j. \nThomasJr., The Concept ofAggression in International Law \n72-73 (1972). \n\"Today, the term subversion designates all illegal activi\nties, whether direct or indirect, overt or covert, conducted \nunder the auspices of a state and designed to overthrow the \nestablished government or vitally disrupt the public order \nof another state. Subversion combines psychological, polit\nical, social, and economic actions, as well as active military \nor paramilitary operations, and it is generally a sustained, \nlong,run, intermeshed, and coordinated process. Conse \nquently. it is usually impossible to place acts of subversion \ninto neat little categorical definitions. Subversion, being \na technique of opportunity, is successful mainly in areas \nwhere social and political revolution is at least incipient.\" \nAnn Van Wynen Thomas & A.J. Thomas Jr., The Concept of \nAggression in International Law 80-81 (1972). \nSubversive Activities Control Act of 1950. See \nMCCARRAN ACT. \n\n1569 successor \nsubversive activity. (1939) A pattern of acts designed \nto overthrow a government by force or other illegal \nmeans. \nsubversive propaganda. See PROPAGANDA. \nsuccess fee. See FEE (1). \nsuccessful party. See prevailing party under PARTY (2). \nsuccessio (sak-sesh-ee-oh), n. [Latin] Roman law. A suc\ncession to something, as to an estate by will or by the \nlaws of intestacy. \nsuccessio in universum jus (sak-ses[hJ-ee-oh in yoo-ni\nv;}r-sam jas). [Latin \"succession to universal right\"] \nRoman law. 1he succession on death to the entirety of \na deceased person's assets and liabilities. See hereditas \njacens under HEREDITAS. \nsuccession, n. (14c) 1. The act or right oflegally or offi\ncially taking over a predecessor's office, rank, or duties. \n2. The acquisition of rights or property by inheritance \nunder the laws of descent and distribution; DESCENT \n(1). [Cases: Descent and Distribution ~1-43.} -\nsucceed, vb. \nhereditary succession. See intestate succession. \nintestate succession. (18c) 1. 'The method used to dis\ntribute property owned by a person who dies without \na valid will. 2. Succession by the common law of \ndescent. Also termed hereditary succession; descent \nand distribution. See DESCENT (1). Cf. testate succes\nsion. [Cases: Descent and Distribution C-::>20-43.] \nirregular succession. (17c) Succession by special laws \nfavoring certain persons or the state, rather than heirs \n(such as testamentary heirs) under the ordinary laws \nof descent. [Cases: Descent and Distribution ~~,1.) \nlegal succession. (18c) The succession established by \nlaw, usu. in favor ofthe nearest relation ofa deceased \nperson. \nlucrative succession. Scots law. See PRAECEPTlO HAER\nEDITATIS. \nnatural succession. (l8c) Succession between natural \npersons, as in descent on the death of an ancestor. \n[Cases: Descent and Distribution C:=>20-43.] \ntestamentary succession. Civil law. Succession result\ning from the designation of an heir in a testament \nexecuted in the legally required form. [Cases: Descent \nand Distribution C:>44.) \ntestate succession. (I8c) The passing of rights or \nproperty by will. Cf. intestate succession. [Cases: Wills \n(::::> L] \nuniversal succession. Succession to an entire estate of \nanother at death . This type of succession carries \nwith it the predecessor's liabilities as well as assets. \nOriginally developed by Roman law and later con\ntinued by civil law, this concept has now been widely \nadopted as an option endorsed and authorized by the \nUniform Probate Code. La. Civ. Code art. 3506(28). \nvacant succession. Civil law. 1. A succession that fails \neither because there are no known heirs or because the heirs have renounced the estate. 2. An estate that \nhas suffered such a failure. See ESCHEAT. \n3. ]he right by which one group, in replacing another \ngroup, acquires all the goods, movables, and other \nchattels of a corporation. [Cases: Corporations \n445.1.) 4. The continuation of a corporation's legal \nstatus despite changes in ownership or management. \nAlso termed artificial succession. [Cases: Corporations \n~l.l.] \nperpetual succession. The continuous succession of a \ncorporation despite changes in shareholders and \nofficers for as long as the corporation legally exists. \n[Cases: Corporations ~36.} \n\"As a general rule, the words 'perpetual succession,' as \nused in charters, often in connection with a further provi\nsion limiting the period of corporate existence to a certain \nnumber of years, mean nothing more than that the corpo\nration shall have continuous and uninterrupted succession \nso long as it shall continue to exist as a corporation, and \nare not intended to define its duration.\" 18 Am. Jur. 2d \nCorporations  69, at 883 (]985). \nsuccessional, adj. (14c) Ofor relating to acquiring rights \nor property by inheritance under the laws of descent \nand distribution. \nsuccession duty. See DUTY (4). \nsuccession tax. See inheritance tax (1) under TAX. \nsuccessio praedilecta (sdk-ses[h]-ee-oh pree-di-lek-td). \n[Law Latin] Hist. A preferred succession; a succession \nthat the testator prefers. \nsuccessive, adj. 1. Archaic. (Of an estate) hereditary. 2. \n(Of persons, things, appointments, etc.) following in \norder; consecutive. \nsuccessive polygamy. See POLYGAMY (2). \nsuccessive tortfeasors. See TORTFEASOR. \nsuccessive-writ doctrine. (1987) Criminal procedure. \nThe principle that a second or supplemental petition \nfor a writ of habeas corpus may not raise claims that \nwere heard and decided on the merits in a previous \npetition. Cf. ABUSE-OF-THE-WRIT DOCTRINE. [Cases: \nHabeas Corpus~894.J \nsuccessor. (14c) 1. A person who succeeds to the office, \nrights, responsibilities, or place of another; one who \nreplaces or follows a predecessor. 2. A corporation \nthat, through amalgamation, consolidation, or other \nassumption of interests, is vested with the rights and \nduties of an earlier corporation. [Cases: Corporations \n~445.l, 589, 590.] \nparticular successor. Civil law. One who succeeds \nto rights and obligations that pertain only to the \nproperty conveyed. \nsingular successor. One who succeeds to a former \nowner's rights in a single piece ofproperty. \nstatutory successor. One who succeeds to the assets \nof a corporation upon its dissolution; sped., the \nperson to whom all corporate assets pass upon a cor\nporation's dissolution according to the statute ofthe \nstate of incorporation applicable at the time of the \n\n1570 successor agent \ndissolution. See Restatement (Second) ofConflict of \nLaws  388 cmt. a (1971). [Cases: Corporations ~ \n619.] \nuniversal successor. 1. One who succeeds to all the \nrights and powers of a former owner, as with an \nintestate estate or an estate in bankruptcy. 2. Lou\nisiana law. An heir or legatee who succeeds in the \nentire estate ofthe deceased or a specified portion of \nit, rather than by particular title as legatee ofa specific \nthing. A universal successor succeeds in all of the \ndecedent's rights and charges, whereas the particular \nlegatee succeeds only to the rights and charges per\ntaining to the bequeathed thing. La. Civ. Code art. \n3506(28). \nsuccessor agent. See AGENT (2). \nsuccessor fiduciary. See FIDUCIARY. \nsuccessor guardian. See GUARDIAN. \nsuccessor in interest. (1832) One who follows another \nin ownership or control ofproperty. A successor in \ninterest retains the same rights as the original owner, \nwith no change in substance. \nsuccessor titulo lucrativo post contractum debitum (s<:lk\nses-or [or -<:lr] tich-<:l-loh 100-kr<:l-tI-voh pohst k<:ln-trak\nt<:lm deb-i-t<:lm). [Law Latin] Hist. A successor under a \nlucrative title after debt has been contracted. Such \na successor is liable to pay all debts contracted by the \ngrantor. \nsuccessor trustee. See TRUSTEE (1). \nsucesi6n legitima (soo-se-syon lay-hee-tee-mah). \nSpanish law. The process ofregular inheritance, the \nrules ofwhich may not be altered by will. See Ortiz De \nRodriguez v. Vivoni, 201 U.S. 371, 376-77,26 S.Ct. 475, \n476 (i906). \nsuch, adj. (bef. 12c) 1. Ofthis or that kind <she collects \na variety ofsuch things>. 2. That or those; having just \nbeen mentioned <a newly discovered Faberge egg will \nbe on auction next week; such egg is expected to sell for \nmore than $500,000>. \nsudden-and-accidental pollution exclusion. See pollu\ntion exclusion under EXCLUSION (3). \nsudden-death jurisdiction. Wills & estates. A jurisdic\ntion in which a will once revoked cannot be revived, \nand instead must be reexecuted. See REVIVAL (2). \nsudden-emergency doctrine. See EMERGENCY DOCTRINE \n(1). \nsudden heat. See HEAT OF PASSION. \nsudden heat and passion. See HEAT OF PASSION. \nsudden heat ofpassion. See HEAT OF PASSION. \nsudden-onset rule. (1981) The principle that medical \ntestimony is unnecessary to prove causation of the \nobvious symptoms of an injury that immediately \nfollows a known traumatic incident. [Cases; Damages \n~185(l).] \nsudden passion. See HEAT OF PASSION. \nsudden-peril doctrine. See EMERGENCY DOCTRINE (1). sudden-peril rule. See EMERGENCY DOCTRINE (1). \nsue, vb. To institute a lawsuit against (another party). \nsue-and-Iabor clause. Marine insurance. A provision in \nproperty- and marine-insurance policies requiring the \ninsured to protect damaged property against further \nloss. The clause generally requires the insured to \"sue \nand labor\" to protect the insured party's interests. \nAlso termed rescue clause. [Cases; Insurance \n2245(2).] \n\"Some insurance today is written against 'all risks' .... \nBesides the perils clause ... recovery under the policy can \nbe had on the entirely separate 'sue and labor' clause. \" .. \nUnder this clause, the underwriter may become liable for \ncertain charges incurred by the assured in caring for the \ninsured property, whether or not there is any actual loss \nor damage. Where sueand-Iabor charges are incurred and \n105s also occurs, the underwriter may become liable for \nmore than the policy amount, which limits only a claim for \nloss of or damage to the goods or vessel.\" Grant Gilmore \n& Charles L. BlackJr. The Law ofAdmiralty  2-10, at 75 \n(2d ed. 1975). \nsue facts. (1980) Facts that determine whether a party \nshould bring a lawsuit; esp., facts determining whether \na shareholder-derivative action should be instituted \nunder state law. \nsue out, vb. (15c) 1. To apply to a court for the issuance \nof (a court order or writ). 2. To serve (a complaint) on \na defendant. \nsuerte (swer-t.:. Spanish law. 1. Chance; destiny; fate. \n2. A small plot ofland. 3. Land within a municipal\nity's boundaries, reserved for cultivating or planting \nbecause of its proximity to water.  This term appears \nin the caselaw ofstates that were formerly Spanish or \nMexican possessions. \nsuffer, vb. (I4c) 1. To experience or sustain physical \nor emotional pain, distress, or injury <suffer \ngrievously><suffer damages>. [Cases: Damages \n31, 57.1.J 2. To allow or permit (an act, etc.) <to suffer \na default>. \nsufferance (s<:lf-<:lr-.:"}
{"text": "permit (an act, etc.) <to suffer \na default>. \nsufferance (s<:lf-<:lr-.:>nts or saf-r<:lnts). (l4c) 1. Toleration; \npassive consent. 2. The state of one who holds land \nwithout the owner's permission. See tenancy at suf\nferance under TENANCY. 3. A license implied from the \nomission to enforce a right. \nsufferance wharves. Hist. English law. Wharves deSig\nnated by the Commissioner of the Customs to receive \ngoods before any duties must be paid. \nsufferentia pads (s<:lf-<:l-ren-shee-;l pay-sis), n. [Latin] A \ngrant ofpeace; a truce; an armistice. \nsuffering a recovery. Hist. A conveyor's act ofallowing, \nfor the purposes of a conveyance, a fictitious action \nto be brought by the conveyee and a judgment to be \nrecovered for the land in question. \nsufficiency of disclosure. See ADEQUACY OF DISCLO\nSURE. \nsufficiency-of-evidence test. (1972) Criminal procedure. \n1. The guideline for a grand jury considering whether \nto indict a suspect: if all the evidence presented were \nuncontradicted and unexplained, it would warrant a \n\n1571 \nconviction the fact-trier. [Cases: Indictment and \nInformation 10.2.] 2. A standard for reviewing \na criminal conviction on appeal, based on whether \nenough evidence exists to justify the fact-trier's finding \nofguilt beyond a reasonable doubt. -Also termed suf\nficiency-of-the-evidence test. [Cases: Criminal LawC= \n1159.2(7).] \nsufficient, adj. Adequate; ofsuch quality, number, force, \nor value as is necessary for a given purpose <sufficient \nconsideration> <sufficient evidence>. \nsufficient cause. 1. See good cause under CAUSE (2). 2. \nPROBABLE CAUSE. \nsufficient consideration. See CONSIDERATION (1). \nsufficient evidence. See satisfactory evidence under \nEVIDENCE. \nsuffragan (saf-ra-gdn or -jan). A titular bishop ordained \nto assist a bishop ofthe diocese in the church business; \na deputy or assistant bishop . Suffragans were origi\nnally appointed only to replace absent bishops and were \ncalled chorepiscopi (\"bishops ofthe county\"), as distin\nguished from the regular bishops of the city or see. \nsuffrage (saf-rij). (14c) 1. The right or privilege ofcasting \na vote at a public election. -Also termed right to vote. \n[Cases: Elections (;::=> L] \n\"In the United States suffrage is a privilege, franchise or \ntrust conferred by the people upon such persons as it \ndeems fittest to represent it in the choice of magistrates \nor in the performance of political duties which it would \nbe inexpedient or inconvenient for the people to perform \nin a body. The person upon whom the franchise is con\nferred is called an elector or voter. No community extends \nsuffrage to all persons, but places such restrictions upon it \nas may best subserve the ends of government.\" George W. \nMcCrary, A Treatise on the American Law of Elections  1, \nat 2 (Henry L McCune ed., 4th ed. 1897). \n2. A vote; the act ofvoting. \nsuffragium (sa-fray-jee-am), n. [Latin \"voting tablet\"] \nRoman law. 1. A vote; the right to vote. 2. A recommen\ndation of someone for a special privilege or office. \nsuggested retail price. See PRICE. \nsuggestibility, n. The readiness with which a person \naccepts another's suggestion. -suggestible, adj. \nsuggestio falsi (sag-jes-tee-oh faI-51 or fawl-sI). [Latin] \nA false representation or misleading suggestion. Cf. \nSUPPRESSIO VERI. \nsuggestion, n. (l4c) L An indirect presentation ofan idea \n<the client agreed with counsel's suggestion to reword \nthe warranty>. 2. Procedure. A statement of some fact \nor circumstance that will materially affect the further \nproceedings in the case <suggestion for rehearing \nen banc>. 3. Archaic. Wills & estates. UNDUE INFLU\nENCE. -suggest (for senses 1 & 2), vb. \nsuggestion ofbankruptcy. (1869) A pleading by which a \nparty notifies the court that the party has filed for bank\nruptcy and that, because ofthe automatic stay provided \nby the bankruptcy laws, the court cannot take further \naction in the case. [Cases: BankruptcyC=3418.] suicide clause \nI suggestion of death. (I8c) A pleading filed by a party, \n. or the party's representatives, by which the court is \nnotified that a party to a suit has died. [Cases: Federal \nCivil Procedure (;::::353-357,361; Parties (;::c61.] \nsuggestion oferror. (1811) An objection made by a party \nto a suit, indicating that the court has committed an \nerror or that the party wants a rehearing ofa particular \ni \tissue. [Cases: Appeal and Error C=758, 829; Criminal \nLaw C=:> 1133.] \nsuggestion on the record. A formal written or oral state\nment informing the court of an important fact that \nmay require a stay of proceedings or affect the court's \ndecision. Suggestions on the record include sugges\ntion of bankruptcy, suggestion of death, and sugges\ntion oferror. \nsuggestive interrogation. See LEADI~G QUESTION. \nsuggestive mark. See suggestive trademark under TRADE\nMARK. \nsuggestive name. See suggestive trademark under \nTRADEMARK. \nsuggestive question. See LEADING QUESTION. \nsuggestive trademark. See TRADEMARK. \nsui. See SUI HEREDES. \nsuicide, n. (l7c) 1. The act of taking one's own life. \nAlso termed self-killing; self-destruction; self-slaugh\nter; self-murder;felony-de-se; death by one's own hand. \n[Cases: SuicideC=1.] \nassisted suicide. (1976) The intentional act of provid\ning a person with the medical means or the medical \nknowledge to commit suicide. Also termed assisted \nself-determination; (when a doctor provides the \nmeans) physician-assisted suicide. Cf. EUTHANASIA. \n[Cases: Suicide \nattempted suicide. (1880) An unsuccessful suicidal act. \n[Cases: Suicide (;::::>2.] \nphysician-assisted suicide. See assisted suicide. \npolice-assisted suicide. See suicide-by-cop. \nsUicide-by-cop. Slang. A form ofsuicide in which the \nsuicidal person intentionally engages in life-threat\nening behavior to induce a police officer to shoot the \nperson. Frequently, the decedent attacks the officer \nor otherwise threatens the officer's life, but occasion\nally a third person's life is at risk. A suicide-by-cop is \ndistinguished from other police shootings by three \nelements. The person must: (1) evince an intent to die; \n(2) consciously understand the finality ofthe act; and \n(3) confront a law enforcement official with behavior \nso extreme that it compels that officer to act with \ndeadly force. -Also termed police-assisted suicide; \nvictim-precipitated homicide. \n2. A person who has taken his or her own life. \nAlso termed felo-de-se;felon-de-se;felon ofoneself. \nsuicidal, adj. \nsuicide clause. Insurance. A life-insurance-policy pro\nvision either excluding suicide as a covered risk or \n\n1572 suicide letter of credit \nlimiting the insurer's liability in the event of a suicide to \nthe total premiums paid. [Cases: Insurance C='2434.] \nsuicide letter of credit. See clean letter ofcredit under \nLETTER OF CREDIT. \nsui geneds (s[Y]OO-I or soo-ee jen-d-ris). [Latin \"of its \nown kind\"] (18c) Of its own kind or class; unique or \npeculiar . The term is used in intellectual-property law \nto describe a regime designed to protect rights that fall \noutside the traditional patent, trademark, copyright, \nand trade-secret doctrines. For example, a database \nmay not be protected by copyright law if its content is \nnot original, but it could be protected by a sui generis \nstatute designed for that purpose. \nsui heredes (s[Y)OO-I hd-ree-deez). [Latin \"one's own \nheirs\"] Roman law. A person's direct descendants who \nwere unemancipated, and who would be heirs on intes\ntacy Also spelled sui haeredes. -Often shortened \nto sui. See suus HERES. \n\"If a man died without a will. his property went to his sui \nheredes (own heirs, direct heirs), that is, to the persons \nwho were previously under his potestas, but were released \nfrom it by his death. If he had adopted as son a person not \nconnected with him by birth, that person was included \namong the sui heredes; on the other hand. a son by birth \nwhom he had emancipated was.. excluded from the sui \nheredes . ...\"James Hadley, Introduction to Roman Law \n134 (1881). \nsui juris (s[Y)OO-1 or soo-ee joor-is). [Latin \"of one's own \nright; independent\" J (l7c) 1. Of full age and capacity. \n2. Possessing full social and civil rights. 3. Roman law. \nOf or relating to anyone of any age, male or female, \nnot in the postestas of another, and therefore capable \nof owning property and enjoying private law rights . \nAs a status, it was not relevant to public law. \nsui potens (s[Y]OO-I poh-tenz). [Latin) Hist. Able to do \nsomething, as in to enter a contract. \nsuit. (14c) Any proceeding by a party or parties against \nanother in a court oflaw; CASE (1). -Also termed \nlawsuit; suit at law. See ACTION (4). \nancillary suit (an-sd-Ier-ee). (1845) An action, either \nat law or in equity, that grows out ofand is auxiliary \nto another suit and is filed to aid the primary suit, \nto enforce a prior judgment, or to impeach a prior \ndecree. Also termed ancillary bill; ancillary pro\nceeding; ancillary process. [Cases: Federal Courts C~\\ \n20.1.] \nblackmail suit. (1892) A suit filed by a party having no \ngenuine claim but hoping to extract a favorable settle\nment from a defendant who would rather avoid the \nexpense and inconvenience oflitigation. \nclass suit. See CLASS ACTION. \nderivative suit. See DERIVATIVE ACTION (1). \nfrivolous suit. (1837) A lawsuit having no legal basis, \noften filed to harass or extort money from the defen\ndant. [Cases: Action (~8; Costs C=>2; Federal Civil \nProcedure <8::::;2767.] \nofficial-capacity suit. A lawsuit that is nominally \nagainst one or more individual state employees but that has as the real party in interest the state or a \nlocal government. Cf. personal-capacity suit. [Cases: \nOfficers and Public Employees C=>119.) \npersonal-capacity suit. An action to impose personal, \nindividual liability on a government officer. Cf. offi\ncial-capacity suit. \npetitory suit. See petitory action under ACTION (4). \nplenary suit (plee-nd-ree or plen-d-ree). (1817) An \naction that proceeds on formal pleadings under \nrules of procedure. Cf. summary proceeding under \nPROCEEDING. \nsham suit. See sham action under ACTION (4). \nstrike suit. (1902) A suit (esp. a derivative action), often \nbased on no valid claim, brought either for nuisance \nvalue or as leverage to obtain a favorable or inflated \nsettlement. [Cases: Corporations C=>214.) \nsuit at law. A suit conducted according to the common \nlaw or equity, as distingUished from statutory provi\nsions. Under the current rules ofpractice in federal \nand most state courts, the term civil action embraces \nan action both at law and in equity. Fed. R. Civ. P. 2. \nSee action at law under ACTION (4). \nsuit in equity. A civil suit stating an equitable claim and \nasking for an exclusively equitable remedy. Also \ntermed action in equity. lCases: Action C=>21.] \nsuit ofa civil nature. A civil action. See civil action \nunder ACTION (4). \nsuitable, adj. (Of goods, etc.) fit and appropriate for their \nintended purpose. \nsuitas (s[y)oo-d-tas), n. [Law Latin]1he status ofa proper \nheir. \nsuit for exoneration. (1928) A suit in equity brought by \na surety to compel the debtor to pay the creditor . If \nthe debtor has acted fraudulently and is insolvent, a \nsuit for exoneration may include further remedies to \nensure that the debtor's assets are applied equitably to \nthe debtor's outstanding obligations. -Also termed \nsuit to compel payment. [Cases: Principal and Surety \n179.) \nsuit money. (1846) Attorney's fees and court costs \nallowed or awarded by a court; esp., in some jurisdic\ntions, a husband's payment to his wife to cover her \nreasonable attorney's fees in a divorce action. [Cases: \nDivorce \nsuitor. (16c) 1. A party that brings a lawsuit; a plaintiff \nor petitioner. 2. An individual or company that seeks \nto take over another company. \nSuitors' Deposit Account. English law. An account con\nsisting of suitors' fees paid in the Court ofChancery \nthat, by the Chancery Act of 1872, were to be invested \nin government se"}
{"text": "Court ofChancery \nthat, by the Chancery Act of 1872, were to be invested \nin government securities bearing interest at 2% per \nannum on behalf of the investing suitor, unless the \nsuitor directed otherwise. \nSuitors' Fee Fund. Hist. A fund consisting largely offees \ngenerated by the Court of Chancery out of which the \ncourt officers' salaries and expenses were paid . In \n\n1573 \n1869 the fund was transferred to the Commissioners \nfor the Reduction of the National Debt. \nsuit papers. See COURT PAPERS. \nsuitpro laesione fidei (proh lee-zhee-oh -nee fI-dee-I), n. \n[Latin \"for injury to faith\"] Hist. Eccles. law. A suit in \necclesiastical court for spiritual offenses against con\nscience, nonpayment ofdebts, or a breach ofcontract, \nesp. an oral contract made by oath. \nSuits in Admiralty Act. A 1920 federal law giving injured \nparties the right to sue the government in admiralty. \n46 USCA app.  741-52. [Cases: United States ~ \n78(7).J \nsuit to compel payment. See SUIT FOR EXONERATION. \nsum. 1. A quantity of money. 2. English law. A legal \nsummary or abstract; a compendium; a collection . \nSeveral treatises are called sums. \nsum certain. (16c) 1. Any amount that is fixed, settled, or \nexact. 2. Commercial law. In a negotiable instrument, a \nsum that is agreed on in the instrument or a sum that \ncan be ascertained from the document. [Cases: Bills \nand Notes G=' 157.] \nsumma injuria (s3m-~ in-joor-ee-~). [Latin] The greatest \ninjury or injustice. \nsumma necessitate (s3m-~ ni-ses-~-tay-tee). [Latin] Hist. \nIn extreme necessity. See NECESSITY. \nsumma potestas (s~m-3 p~-tes-tds), n. [Latin \"sum or \ntotality ofpower\"] The final authority or power in gov\nernment. \nsummary, adj.(l5c) 1. Short; concise <a summary \naccount ofthe events on March 6>. 2. Without the usual \nformalities; esp., without a jury <a summary trial>. 3. \nImmediate; done without delay <the new weapon was \nput to summary use by the military>. -summarily \n(silm-ilr-;:J-lee or sd-mair-d-lee), adv. \nsummary, n. (16c) 1. An abridgment or brief. 2. A short \napplication to a court without the formality of a full \nproceeding. \nsummary adjudication. See partial summary judgment \nunder SUMMARY JUDGMENT. \nsummary conviction. See CONVICTION. \nsummary court-martial. See COURT-MARTIAL. \nsummary disposition. See SUMMARY JUDGMENT. \nsummary eviction. See EVICTION. \nsummary judgment. (18c) A judgment granted on a \nclaim or defense about which there is no genuine issue \nofmaterial fact and upon which the movant is entitled \nto prevail as a matter oflaw . The court considers the \ncontents of the pleadings, the motions, and additional \nevidence adduced by the parties to determine whether \nthere is a genuine issue of material fact rather than \none of law. This procedural device allows the speedy \ndisposition ofa controversy without the need for trial. \nFed. R. Civ. P. 56. Also termed summary disposi\ntion;judgment on the pleadings. See JUDGMENT. [Cases: summer clerk \nFederal Civil Procedure ~2461-2559; Judgment \n178-190.] \npartial summary judgment. (1924) A summary \njudgment that is limited to certain issues in a case and \nthat disposes of only a portion of the whole case. \nAlso termed summary adjudication. [Cases: Federal \nCivil Procedure G='2557; Judgment ~181(14).] \nsummary-judgment motion. See MOTION FOR SUMMARY \nJUDGMENT. \nsummary jurisdiction. See JURISDICTION. \nsummary jury trial. See TRIAt. \nsummary of argument. See SUMMARY OF THE \nARGUMENT. \nSummary ofCommentary on Current Economic Con\nditions by Federal Reserve District. See BEIGE BOOK. \nsummary offense. 1. See OFFENSE (1). 2. See MISDE\nMEANOR (1). \nsummary of the argument. The part of a brief, esp. an \nappellate brief, in which the advocate condenses the \nargument to a precis or synopsis, directing the court to \nthe heart ofthe argument on each point.  A summary \ntypically runs from one to four pages. Also termed \nsummary ofargument. [Cases: Appeal and Error \n761; Criminal Law 1130(3); Federal Courts (;:::::> \n714.] \n\"A summary of the argument. suitably paragraphed. The \nsummary should be a clear and concise condensation of \nthe argument made in the body of the brief; mere repeti\ntion ofthe headings under which the argument is arranged \nis not sufficient.\" Sup. Ct. R. 24.1(h). \nsummary of the invention. Patents. In a U.S. patent \napplication, the section that describes the nature, oper\nation, and purpose of the invention in enough detail \nthat the examiner and anyone searching the patent lit\nerature for prior art can understand the unique char\nacter of the invention. [Cases: Patents ~99.] \nsummary plan description. Under the Employee Retire\nment Security Act (ERISA), an outline ofan employee \nbenefit plan, containing such information as the \nidentity of the plan administrator, the requirements \nfor eligibility and participation in the plan, circum\nstances that may result in disqualification or denial of \nbenefits, and the identity of any insurers responsible \nfor financing or administering the plan . A summary \nplan description must generally be furnished to all \nemployee-benefIt-plan participants and beneficiaries. \n29 USCA  1022. [Cases: Labor and Employment \n483]-Abbr. SPD. \nsummary procedure. See SHOW-CAUSE PROCEEDING. \nsummary proceeding. See PROCEEDING. \nsummary process. See PROCESS. \nsummary trial. See summary proceeding under PRO\nCEEDING. \nsummation. See CLOSING ARGUMENT. \nsummer associate. See CLERK (4). \nsummer clerk. See CtERK (4). \n\nsumming up 1574 \nsumming up. 1. CLOSING ARGUMENT. 2. English law. A \njudge's review of the key points of evidence presented \nin a case and instructions to the jury on the law it is to \napply to the evidence . 'Ihe judge's summing up follows \nthe advocates' dosing speeches. sum up, vb. \nsummojure (s;lm-oh ;oor-ee). [Latin] Hist. In the highest \nright. \nsummon, vb. (Bc) To command (a person) by service ofa \nsummons to appear in court. Also termed summons. \n[Cases: Witnesses (~7.1 \nsummoneas (s<I-moh-nee-;3s), n. [Law Latin \"you are to \nsummon\"] Hist. A writ ordering a party to appear in \ncourt. \nsummoner. Hist. A petty officer charged with summon\ning parties to appear in court. See NUNTlUS. \n\"But process, as we are now to consider it, is the method \ntaken by the law to compel a compliance with the original \nwrit, of which the primary step is by giving the party notice \nto obey it. This notice is given ... by summons: which is a \nwarning to appear in court ... given to the defendant by \ntwo of the sheriff's messengers called summoners, either \nin person or left at his house or land.\" 3 William Blackstone, \nCommentaries on the Laws of England 279 (1768). \nsummonitio (s<lm-;>-nish-ee-oh), n. [Law Latin fr. Latin \nsummonere \"to summon\"] Hist. A summons. \nsummonitores scaccarii (s;)m-;)n-;>-tor-eez sk;)-kair\nee-I). [Law Latin] Hist. Exchequer officers who assisted \nin revenue collections by summoning defaulters to \ncourt. \nsummons, n. (Bc) 1. A writ or process commencing the \nplaintiffs action and requiring the defendant to appear \nand answer. [Cases: Federal Civil Procedure C=>401; \nProcess <>=>7.J 2. A notice requiring a person to appear \nin court as a juror or witness. [Cases: Jury (;:::~670); \nWitnesses C---=> 7.J 3. Hist. A writ directing a sheriff to \nsummon a defendant to appear in court. 4. English law. \nThe application to a common-law judge upon which an \norder is made. PI. summonses. \nalias summons. A second summons issued after the \noriginal summons has failed for some reason. [Cases: \nProcess C=>45.] \nJohn Doe summons. 1. A summons to a person whose \nname is unknown at the time of service. [Cases: \nFederal Civil Procedure (;:::401; Process C=>28.] 2. \nTax. A summons from the Internal Revenue Service to \na third party to provide information on an unnamed, \nunknown taxpayer with potential tax liability. Also \ntermed third-party record-custodian summons. [Cases: \nInternal Revenue C=>4493-4517.] \njudgment summons. A process used by a judgment \ncreditor to start an action against a judgment debtor \nto enforce the judgment. [Cases: Judgment C=>854.] \nshort summons. A summons haVing a response time \nless than that of an ordinary summons, usu. served \non a fraudulent or nonresident debtor. [Cases: Process \nC:-:>33.] \nthird-party record-custodian summons. See John Doe \nsummons. summons, vb. (17c) 1. SIlMMON. 2. To request (informa\ntion) by summons. \n''The horrible expression 'summonsed for an offence' \n(turning the noun 'summons' into a verb) has now become \naccepted usage, but 'summoned' remains not only allow \nable but preferable.\" Glanville Williams, Learning the Law \n15 n.28 (11th ed. 1982). \nsummum bonum (sam-;)m boh-n<lm also suum-uum \nbaw-nuum). [Latin] The greatest good. \nsummum jus (sam-dm ;<'Is). [Latin] The highest law. \nsumner (s<'lm-n<lr), n. Hist. A summoning officer, esp. in \nan ecclesiastical court. See SUMMONER. \nsum-of-the-years' -digits depredation method. See \nDEPRECIATION METHOD. \nsum payable. 07c) An amount due; esp., the amount for \nwhich the maker of a negotiable instrument becomes \nliable and must tender in full satisfaction ofthe debt. \nsumptuary law (samp-choo-er-ee). 1. A statute, ordi\nnance, or regulation that limits the expenditures that \npeople can make for personal gratification or ostenta\ntious display. 2. More broadly, any law whose purpose \nis to regulate conduct thought to be immoral, such as \nprostitution, gambling, or drug abuse. \nSunday-dosing law. See BLUE LAW. \nSunday law. See BLUE LAW. \nsundries (san-dreez). Miscellaneous items that may be \nconsidered together, without being separately specified \nor identified. \nsundry (s;ln-dree), adj. Separate; diverse; various. \nsnnk cost. See COST (1). \nsunna. See FEMALE GENITAL MUTILATION. \nsunset law. (1976) A statute under which a governmental \nagency or program automatically terminates at the end \nofa fixed period unless it is formally renewed. [Cases: \nAdministrative Law and Procedure G---=> 128.J \nsunset legislation. See SUNSET LAW. \nsunshine committee. (2000) An official or quasi-official \ncommittee whose proceedings and work are open to \npublic access. [Cases: Administrative Law and Proce\ndure 124.] \nsunshine law. (1972) A statute requiring a governmental \ndepartment or agency to open its meetings or its records \nto public access. -Also termed open-meeting law; pub\nlic-meeting law; open-door law. [Cases: Administrative \nLaw and Procedure 124; Records C-:J50-68.] \nsuo nomine (s[y]oo-oh nom-<l-nee). [Latin] In one's own \nname. \nsuo periculo. See SUB SUO PERICULO. \nSUP. abbr. SPECIAL-USE PERMIT. \nsup. ct. abbr. SUPREME COURT. \nsuper (s[y]oo-p;>r). [Latin] Above; over; higher. \nsuper aliquam partemfundi (s[y]oo-p;)r al-j-kwam \npahr-tem fan-dI). [Law Latin] Hist. Upon any part of \nthe land. \n\nsuper altum mare (s[y]oo-par ai-tam mair-ee or mahr\nee). [Latin] On the high sea. \nsuper attentatis aut innovatis lite dependente (s[y] \noo-par a-ten-tay-tis awt in-a-vay-tis II-tee dee-pen\nden-tee). [Law Latinl Hist. Concerning those things \nallegedly due during the pendency of the case. \nsupercargo. Maritime law. A person specially employed \nand authorized by a cargo owner to sell cargo that has \nbeen shipped and to purchase returning cargo, at the \nbest possible prices; the commercial or foreign agent \nofa merchant. \n\"Supercargoes are persons employed by commercial \ncompanies or by private merchants to take charge of the \ncargoes they export to foreign countries, to sell them there \nto the best advantage, and to purchase proper commodi\nties to relade the ships on their return home. They usually \ngo out with the ships on board of which the goods are \nembarked, and return home with them, and in this they \ndiffer from factors who live abroad .... The supercargo \nis the agent of the owners, and disposes of the cargo and \nmakes purchases under"}
{"text": "who live abroad .... The supercargo \nis the agent of the owners, and disposes of the cargo and \nmakes purchases under their general instructions on his \nown responsibility.\" 70 Am.Jut. 2d Shipping 886, at 1025 \n(1987). \nsuperductio (s[yloo-par-d~k-shee-oh), n. [Latin] Roman \nlaw. The obliteration ofpart ofa will or other document \nby writing over something erased within it. PI. super\nductiones (s[y]oo-p;}r-ddk-shee-oh-neez). \nsuper eisdem deductis (s[y]oo-pdr ee-is-ddm di-dak-tis). \n[Law Latin] Hist. Upon the same grounds. \nsuperfeudation. See SUPERINFEUDATION. \nsuperficiarius (s[y]oo-par-fish-ee-air-ee-<ls), n. [Latin] \nRoman law. A person who had a hereditary and alien\nable right to a bUilding on municipal or other public \nland, subject to the payment of an annual rent. _ In \nclassical law this right was extended to private land. \nCf. EMPHYTEUSIS. \nsuperficies (s[y]oo-par-fish-ee-eez or -fish-eez), n. [Latin \n\"surface\"] Roman &-civil law. 1. The surface of the \nground. 2. An improvement that stands on the surface \nofthe ground, such as a building, other construction, \ntrees, plants, or crops. 3. The right ofa superficiarius. \nSee SUPERFICIARIUS. \nSuperfund. (1977) 1. The program that funds and \nadministers the cleanup of hazardous-waste sites \nthrough a trust fund (financed by taxes on petroleum \nand chemicals and a tax on certain corporations) \ncreated to pay for cleanup pending reimbursement \nfrom the liable parties. [Cases: Environmental Law \n437.] 2. The popular name for the act that established \nthis program -the Comprehensive Environmental \nResponse, Compensation, and Liability Act of 1980 \n(CERCLA). See CERCLA. \nsuperinfeudation. Hist. The granting of one or more \nfeuds out of a feudal estate. -Also termed superfeu\ndation. Cf. SUBrNFEUDATION. \n\"Whatever may be the proper view of its origin and legal \nnature, the best mode of vividly picturing to ourselves the \nfeudal organisation is to begin with the baSiS, to consider \nthe relation of the tenant to the patch of soil which created \nand limited his services -~ and then to mount up, through \nnarrowing circles of super-feudation, till we approximate ! \tto the apex of the system.\" Henry S. Maine, Ancient Law \n88 (17th ed. 1901). \nsuperinstitution. Eccles. law. The investiture of one \nperson in an office that already has an incumbent, \nas when two individuals claim a benefice by adverse \ntitles. \nsuperintendent. A person with the power to direct activ\nities; a manager. \nsuperintending control. See CONTROL. \nsuperior, adj. (14c) (Of a rank, office, power, etc.) higher; \nelevated: possessing greater power or authority; entitled \nto exert authority or command over another <superior i \n' estate> <superior force> <superior agent>. -superior, \nn. \nsuperior agent. See high-managerial agent under AGENT \n(2). \nsuperior commissioned officer. See OFFICER (2). \nsuperior court. See COURT. \nsuperior fellow servant. See FELLOW SERVANT. \nsuperior force. 1. See FORCE MAJEURE. 2. See ACT OF GOD. \n3. See VIS MAJOR. \nsuperior knowledge. See KNOWLEDGE. \nsuperior-knowledge rule. The doctrine that when a \nproperty owner knows or should know that a hazard\nous condition exists on the property, and the condi\ntion is not obvious to a person exercising reasonable \ncare, the owner must make the premises reasonably \nsafe or else warn others of the hazardous condition. \n-An exception to the rule is sometimes allowed for \nobvious dangers or dangers of which the invitee is \naware. Restatement (Second) of Torts  343A. But the \nexception is neither automatic nor absolute. See id. \n 343A(1) & cmt. f. Also termed equal-or-superior\nknowledge rule. Cf. EQUAL-KNOWLEDGE RULE. [Cases: \nNegligence C=> 1088.] \nsuperior servant. See superior fellow servant under \nFELLOW SERVANT. \nsuperior-servant doctrine. See FELLOW-SERVANT \nRULE. \nsuperjurare (s[y]oo-p~r-juu-rair-ee). [Latin \"to over\nswear\"] Hist. To swear too strenuously . This describes \nthe situation in which an obviously gUilty criminal \nattempted to avoid conviction by producing oaths of \nseveral parties but was convicted by an overwhelming \nnumber ofwitnesses. \nsuper jure naturae alendi liberos (s[y]oo-p~r joor-ee \nn~-tyoor-ee <l-len-dIlib-~r-ohs). [Law Latin] Hist. On \nthe ground ofnatural law, obligating persons to support \ntheir children. \nsuperlien. (1984) A government's lien that is imposed \non a property whose condition violates environmental \nand public-health and public-safety rules and that has \npriority over all other liens, so that the government \ncan recover public funds spent on cleanup operations. \n- A statutory lien is superior to all existing liens and \nall later-filed liens on the same property. Superliens \n\nsupermajority 1576 \nare sometimes granted to a state's environmental-pro\ntection agency. Several states -including Arkansas, \nConnecticut, Massachusetts, New Hampshire, New \nJersey, and Tennessee have enacted statutes creating \nsuperliens on property owned by a party responsible for \nenvironmental cleanup. See LIE~. \nsupermajority. See MAJORITY. \nsupermajority provision. A clause in a corporation's \narticles ofincorporation requiring more than a simple \nmajority ofshareholders to vote in favor ofa merger or \nsubstantial sale ofassets. \nsupernumerarii (s[y]oo-par-n[y]oo-ma-rair-ee-I), n. \n[Latin \"persons above the number\"] Roman law. Offi\ncials beyond the permitted number; esp., advocates \nwho were unregistered and not attached to a particu\nlar bar. Cf. STATUTI. \nsupernumerary witness. See WITNESS. \nsuperoneratio (slyJoo-par-on-a-ray-shee-oh). [Law Latin] \nHist. 1. The act or practice of surcharging a common. \n2. The placement of more cattle on a common than is \nallowed; overstocking. \nsuperoneratione pasturae. See DE SUPERONERATIONE \nPASTURAE. \nsuperplusagium (s[y]oo-par-pla-say-jee-am), n. [Law \nLatin] Hist. A surplus; a remainder. \nsuper praerogativa regis (s[y]oo-par pri-rog-<l-tI-va ree\njis), n. [Law Latin] Hist. A writ against the king's tenant's \nwidow for marrying without royal permission. \nsuperprecedent. See PRECEDENT. \nsuperpriority. Bankruptcy. The special priority status \ngranted by the court to a creditor for extending credit to \na debtor or trustee that cannot obtain unsecured credit \nfrom a willing lender.  This priority may be either an \nadministrative claim outranking other administrative \nclaims or, if certain statutory requirements are met, \na security interest in property. 11 USCA  364(c)(1). \n[Cases: BankruptcyC=)3036.] \nsupersede, vb. (17c) I. To annul, make void, or repeal \nby taking the place of <the 1996 statute supersedes the \n1989 act>. 2. To invoke or make applicable the right \nof supersedeas against (an award ofdamages) <what \nis the amount of the bond necessary to supersede the \njudgment against her?>. [Cases: Appeal and Error \n458,460.] -supersession (for sense 1), n. \nsupersedeas (soo-p<lr-seed-ee-as), n. [Latin \"you \nshall desist\"] (14c) 1. A writ or bond that suspends \na judgment creditor's power to levy execution, usu. \npending appeal. -Also termed writ ofsupersedeas. 2. \nSee supersedeas bond under BOND (2). [Cases: Appeal \nand Error C=>458; Execution 158(2); Supersedeas \nPI. supersedeases (soo-p<lr-see-dee-<ls-iz). \nsupersedeas bond. See BOND (2). \nsupersedere (s[y]oo-p<lr-sa-deer-ee). [Law Latin] Hist. \nSISTo \n\"When creditors voluntarily agree to supersede or sist dili\ngence against their debtor for a certain period, such an \nagreement is called a supersedere; and the same name is given to any judicial act by which creditors are restrained \nfrom doing diligence. A creditor who commits a breach \nof the supersedere, whether it be voluntary or judicial, is \nliable to the debtor in damages.\" John Trayner, Trayner's \nLatin Maxims 591 (4th ed. 1894). \nsuperseding cause. See CAUSE (1). \nsuper stare decisis. See STARE DECISIS. \nsuper statuto (s[y]oo-par st<l-t[y]oo-toh), n. [Law Latin] \nHist. A writ against tenants-in-chief who transferred \ntheir land without the king's permission in violation of \nthe Statute ofWestminster II, chs. 12 & 13. \nsuper statuto dearticulis deri (s[y]oo-p;:!r sta-t[y]oo-toh \ndee ahr-tik-Y<l-lis kleer-I), n. [Law Latin] Hist. A writ \nagainst a sheriff who unlawfully distrains goods. \nsuper statutoJacto pour seneschal et marshal de roy \n(s[y]oo-p;:!r sta-t[y]oo-toh fak-toh poor sen-;:!-shahl ay \nmahr-[a-Jshahl d<l roy), n. [Law Latin] Hist. A writ to \nrestrain the court of the Marshalsea from interfering \nin matters outside its jurisdiction. \nsuper statuto versus servantes et laboratores (s[y]oo-par \nst;:!-t[y]oo-toh var-sas S<lf-Van-teez et lab-<lr-a-tor-eez), \nn. [Law Latin] Rist. 1. A writ against someone who \nemploys laborers who unlawfully left former employ\nments. 2. A writ against a person who refused to work \nat the required wage. \nsuperstitious use. See USE (1). \nsupervening cause. See intervening cause under CAUSE \n(1). \nsupervening impossibility. See IMPOSSIBILITY. \nsupervening negligence. See subsequent negligence \nunder NEGLIGENCE. \nsupervening-negligence doctrine. See LAST-CLEAR\nCHANCE DOCTRINE. \nsupervised visitation. See VISITATION. \nsupervision, n. The act ofmanaging, directing, or over\nseeing persons or projects. -supervise, vb. super\nvisory (soo-p<lr-VI-za-ree), adj. \nsupervision order. See ORDER (2). \nsupervisor, n. (15c) 1. One having authority over others; a \nmanager or overseer. Under the National Labor Rela\ntions Act, a supervisor is any individual having author\nity to hire, transfer, suspend, layoff, recall, promote, \ndischarge, discipline, and handle grievances ofother \nemployees, by exercising independent judgment. 2. \nThe chief administrative officer of a town or county. \n[Cases: Counties C;)41.] supervisorial (soo-p<lr\nvl-zOr-ee-<lI), adj. \nsupervisory authority. Military law. An officer who, \nexercising general court-martial jurisdiction, reviews \nsummary and special court-martial trial records after \nthe convening authority has reviewed them. [Cases: \nMilitary Justice G:=> 1380.] \nsupervisory control. The control exercised by a higher \ncourt over a lower court, as by prohibiting the lower \ncourt from acting extrajurisdictionally and by revers\n\n1577 \ning its extrajurisdictional acts. See MANDAMUS. [Cases: \nCourts (;::;:l207.) \nsupine negligence. See advertent negligence under NEG\nLIGENCE. \nsupplanting limitation. See LIMITATION. \nsupplemental, adj. (17c) Supplying something additional; \nadding what is lacking <supplemental rules>. \nsupplemental affidavit. See AFFIDAVIT. \nsupplemental agreement. See side agreement under \nAGREEMENT. \nsupplemental bill. See BILL (2). \nsupplemental bill in the nature of a bill of review. See \nbill in the nature ofa bill ofreview under BILL (2). \nsupplemental claim. See CLAIM (4). \nsupplemental complaint. See COMPI.AINT. \nsupplemental declaration. Patents. A sworn document, \nfiled after the U.S. Patent and Trademark Office allows \na patent's issuance. See SUPPLEMENTAL OATH. \nsupplemental jurisdiction. See JURISDICTION. \nsupplemental-needs trust. See TRUST. \nsupplemental pleading. See PLEADING (1). \nsupplemental register. Trademarks. A roll oftrademarks \nthat are ineligible for listing on the Principal Register \nbecause they are not distinctive . Marks on the sup\nplemental register are not protected by trademark law, \nexcept to the extent that the listing may bar the regis\ntration of a similar mark. The listing may be required, \nhowever, for the mark to be registered in other coun\ntries. 15 USCA  1091. Cf. PRINCIPAL REGISTER. -Also \ntermed secondary register. Trademarks (;::;:l1246. \nSupplemental"}
{"text": "GISTER. -Also \ntermed secondary register. Trademarks (;::;:l1246. \nSupplemental Rules for Certain Maritime and Admi\nralty Claims. A supplement to the Federal Rules of \nCivil Procedure, setting out procedures for suits in \nadmiralty and maritime law. \nSnpplemental Security Income. A welfare or needs\nbased program providing monthly income to the \naged, blind, or disabled. _ It is authorized by the Social \nSecurity Act. Abbr. SSL [Cases; Social Security and \nPublic Welfare (;::;:l140.5, 175.) \nsupplemental surety. See SURETY. \nsupplementary proceeding. See PROCEEDING. \nsupplendo vices (s~-plen-doh vI-seez). [Law Latin] Hist. \nBy supplying the place. \nsuppletory oath (sap-la-tor-ee). See OATH. \nsuppliant (sap-Iee-ant). (15c) One who humbly requests \nsomething; specif., the actor in a petition of right. \nsupplicatio (sap-li-kay-shee-oh), n. [Latin) Roman law. \n1. A petition to the emperor requesting him to decide \na case, not already before a court, in first instance or, \nsometimes, to reopen a case in which no appeal is \nnormally allowed. PI. supplicationes (sap-li-kay-shee\noh-neez). \n\"Another mode was supplicatio, petition to the Emperor \nby a private person, not allowed when the question was support \nalready before a court or had been decided and not \nproperly appealed. It was mainly used to bring matters \nbefore the Emperor or his delegate, in first instance, where \nfor any reason it was unlikely that justice would be done, \ne.g. where the claimant was humble and the opponent a \n'potentior,' or where the claimant was of too high rank \nto go before the ordinary court, or the decision was of \nan unappealable magistrate.\" W.W. Buckland. Elementary \nPrinciples of the Roman Private Law671 (1912). \n2. A petition for a pardon on a first offense. 3. Hist. A \npleading similar to a rejoinder. \nsupplicavit (sap-li-kay-vit). Hist. A writ issued by the \nKing's Bench or Chancery for taking sureties of the \npeace, obligating a person to be on good behavior for \na specified period . It is commonly directed to the \njustices ofthe peace who are hesitant to intervene in \nthei r judicial capacities. See surety ofthe peace under \nSURETY. \n\"Any justices ofthe peace, by virtue of their commission, or \nthose who are ex officio conservators of the peace ... may \ndemand such security according to their own discretion: \nor it may be granted at the request of any subject, upon \ndue cause shewn .... Or, if the justice is averse to act, it \nmay be granted by a mandatory writ, called a supplicavit, \nissuing out of the court of king's bench or chancery; which \nwill compel the justice to act, as a ministerial and not as a \njudicial officer ....\" 4 William Blackstone, Commentaries \non the Laws ofEngland 250 (1769). \nsupplicium (s;>-plish-ee-;>m), n. [Latin \"atonement\") \nRoman law. A punishment.  Ultimum supplicium is \nthe death penalty. \nsupplier, n. 1. A person engaged, directly or indirectly, \nin the business of making a product available to con\nsumers. \n\"The supplier may be the seller, the manufacturer. or \nanyone else in the chain who makes the product avail\nable to the consumer.\" 1Julian B. McDonnell & Elizabeth J. \nColeman, Commercial and Consumer Warranties ~ 6.06[2], \nat 6-33 (1991). \n2. A person who gives possession of a chattel for anoth\ner's use or allows someone else to use or occupy it while \nit is in the person's possession or control. \nsupplies, n. 1. Means of provision or relief; stores avail\nable for distribution. 2. In parliamentary proceedings, \nthe annual grant voted on by the House of Commons for \nmaintaining the Crown and various public services. \nsupply, n. The amount of goods produced or available \nat a given price. \naggregate supply. The total amount of goods and \nservices generated in an economy during a specific \nperiod. \nsupply curve. A line on a price-output graph shOWing the \nrelationship between a good's price and the quantity \nsupplied at a given time. \nsupport, n. (14c) 1. Sustenance or maintenance; esp., \narticles such as food and clothing that allow one to live \nin the degree of comfort to which one is accustomed. \nSee MAINTENANCE; NECESSARIES. \n\"Generally speaking, the words 'support' and 'mainte\nnance' are used synonymously to refer to food, clothing \nand other conveniences, and shelter, including, in some \ncases, medicines, medical care, nursing care, funeral \n\n1578 support agreement \nservices, education, and reasonable personal care, and \nthe courtesies and kindness usually obtaining between \nindividuals that have the same ties of blood in families of \nsimilar station as the contracting parties.\" 73 Am.Jur.2d \nSupport ofPersons  1, at 880-81 (2d ed. 1974). \n2. One or more monetary payments to a current or \nformer family member for the purpose of helping the \nrecipient maintain an acceptable standard ofliving. \nAlso termed (in both senses) reasonable support. See \nALIMONY. Cf. NONSUPPORT; MAINTENANCE (5). [Cases: \nChild Support (>8; Divorce (>208,230.] \nchild support. See CHILD SUPPORT. \nfamily support. See FAMILY SUPPORT. \nspousal support. See ALIMONY. \n3. Basis or foundation. 4. The bracing of land so that \nit does not cave in because of another landowner's \nactions. -support, vb. \nlateral support. Support by the land that lies next to the \nland under consideration. -Also termed easement \nof natural support. [Cases: Adjoining Landowners \n(>2.] \nsubjacent support. Support by the earth that lies under\nneath the land under consideration. \nsupport agreement. Oil & gas. A contract between \npeople or entities in the oil-and-gas industry to \npromote exploratory operations . Generally, one party \nagrees to contribute money or property to another if \nthe other will drill a well on leases that it holds and \nprovide the contributing party with information from \ntests conducted. For the contributing party, a support \nagreement is a purchase of geological or technologi\ncal information. For the party receiving the support, \nthe contribution lessens the cost or the risk ofdrilling \noperations. -Also termed contribution agreement. See \nDRY-HOLE AGREEMENT; BOTTOM-HOLE AGREEMENT; \nACREAGE-CONTRIBUTION AGREEMENT. [Cases: Mines \nand Minerals (>109.] \nsupport deed. See DEED. \nsupport obligation. (1938) A secondary obligation or let\nter-of-credit right that supports the payment or perfor\nmance ofan account, chattel paper, general intangible, \ndocument, healthcare-insurance receivable, instru\nment, or investment property. UCC  9-102(a)(53). \nsupport order. (1948) A court decree requiring a party \n(esp. one in a divorce or paternity proceeding) to \nmake payments to maintain a child or spouse, includ\ning medical, dental, and educational expenses. [Cases: \nChild Support (>8,223; Divorce (>208,230.] \nforeign support order. An out-of-state support order. \n[Cases: Child Support (>500-510; Divorce (> \n388.] \nsupport price. See PRICE. \nsupport trust. See TRUST. \nsuppositiou (S;)p-;)-zish-;m), n. An assumption that \nsomething is true, without proof ofits veracity; the act \nof supposing. -suppose, vb. -supposable, adj. suppress, vb. To put a stop to, put down, or prohibit; to \nprevent (something) from being seen, heard, known, or \ndiscussed <the defendant tried to suppress the incrimi\nnating evidence>. -suppression, n. -suppressible, \nsuppressive, adj. \nsuppression hearing. See HEARING. \nsuppression of evidence. (18c) 1. A trial judge's ruling \nthat evidence offered by a party should be excluded \nbecause it was illegally acquired. [Cases: Criminal \nLaw (>394; Evidence (>154.] 2. The destruction of \nevidence or the refusal to give evidence at a criminal \nproceeding . This is usu. considered a crime. See \nOBSTRUCTION OF JUSTICE. [Cases: Obstructing Justice \n(>5.] 3. The prosecution's withholding from the \ndefense of evidence that is favorable to the defendant. \n[Cases: Criminal Law (>1990-2008.] \nsuppressio veri (s;)-pres[h]-ee-oh veer-I). [Latin] Sup\npression of the truth; a type of fraud. Cf. SUGGESTIO \nFALSI. \nsupra (s[y]oo-pr;)). [Latin \"above\"] (15c) Earlier in this \ntext; used as a citational Signal to refer to a previously \ncited authority. Cf. INFRA. \nsupra citatum (s[y]oo-pr;) sr-tay-t;)m). [Law Latin] Hist. \nAbove cited. -Abbr. sup. cit. \nsupralegal, adj. Above or beyond the law <a supralegal \nsovereign>. \nsupranational, adj. Free of the political limitations of \nnations. \nsupra protest. (Of a debt) under protest. See PROTEST \n(3). \nsupra riparian (soo-pr;) ri-pair-ee-;)n or rr-). (1857) \nUpper riparian; higher up the stream . This phrase \ndescribes the estate, rights, and duties of a riparian \nowner whose land is situated nearer the source of a \nstream than the land it is compared to. \nsupremacy. (16c) The position ofhaving the superior or \ngreatest power or authority. \nSupremacy Clause. (1940) The clause in Article VI ofthe \nU.S. Constitution declaring that the Constitution, all \nlaws made in furtherance of the Constitution, and all \ntreaties made under the authority of the United States \nare the \"supreme law ofthe land\" and enjoy legal supe\nriority over any conflicting provision ofa state constitu\ntion or law. See PREEMPTION. [Cases: States (>18.1.] \nsupremacy oflaw. See RULE OF LAW (2). \nsupreme, adj. (16c) (Of a court, power, right, etc.) highest; \nsuperior to all others. \nSupreme Civil Court in Scotland. See COURT OF SESSION \n(1). \nsupreme court. (17c) 1. (cap.) SUPREME COURT OF THE \nUNITED STATES. 2. An appellate court existing in most \nstates, usu. as the court oflast resort. [Cases: Courts \n(>91(1).] 3. In New York, a court of general jurisdic\ntion with trial and appellate divisions . The Court \nof Appeals is the court oflast resort in New York. 4. \n\n1579 surety \nSCPREME COURT OF JUDICATURE. Abbr. S.c.; S.Ct.; \nSup. Ct. \nSupreme Court ofAppeals. The highest court in West \nVirginia. [Cases: Courts (::::>252.] \nSupreme Court ofErrors. Rist. Ihe court of last resort \nin Connecticut. _ The court is now called the Supreme \nCourt. \nSupreme Court of Judicature. The highest court in \nEngland and Wales, consisting of the High Court of \nJustice, the Court of Appeal, and the Crown Court. \n-The Supreme Court was created under the Judica\nture Act of 1873 that consolidated the existing superior \ncourts, including the High Court of Chancery, the \ncourt of Queen's Bench, the court of Exchequer, the \nHigh Court ofAdmiralty, the court of Probate, and the \nLondon court ofBankruptcy. -Sometimes shortened \nto Supreme Court. \nSupreme Court of the United States. The court of \nlast resort in the federal system, whose members are \nappointed by the President and approved by the Senate. \n-The Court was established in 1789 by Article III of \nthe U.S. Constitution, which vests the Court with the \n\"judicial power of the United States.\" -Often short\nened to Supreme Court. -Also termed United States \nSupreme Court. (Cases: Federal Courts C=441.J \nSupreme Judicial Court. See COURT. \nsupreme law of the land. (lSc) 1. The U.S. Constitu\ntion. [Cases: Constitutional Law (::::>502.]2. Acts of \nCongress made in accordance with the U.S. Constitu\ntion. 3. U.S. treaties. See SUPREMACY CLAUSE. \nsupreme legislation. See LEGISLATION. \nsupreme power. See sovereign political power under \nPOLITICAL POWER. \nsur (s;)r). [Law French] Hist. Upon. -This term appears in \nvarious phrases, such as sur cognizance de droit (\"upon \nacknowledgment of right\"). \nsurcharge, n. 1. An additional tax, charge, or cost, usu. \none that is excessive. 2. An additional load or burden. \n3. A second or further mortgage. 4. The omission of a \nproper credit on an account. 5. The amount that a court \nmay charge a fiduciary that has breached its duty. 6. \nAn overprint on a stamp, esp. one that changes its face \nvalue. 7. The overstocking of an area with animals. \nsurcharge, vb. \nsurcharge, vb. (15c) 1. To impose an additional (usu. \nexcessive) tax, charge, or cost. 2. To impose an addi\ntionalload or burden. 3. (Of a court) to impose a fine \non a fiduciary for breach of duty. 4. To overstock (an \narea) with animals. \nsecond surcharge. To overstock (a common) a second \ntime for which a writ of second surcharge was "}
{"text": ") with animals. \nsecond surcharge. To overstock (a common) a second \ntime for which a writ of second surcharge was \nissued. \nsurcharge andfalsify. To scrutinize particular items \nin an account to show items that were not credited \nas required (to surcharge) and to prove that certain \nitems were wrongly inserted (to falSify) . The courts \nofchancery usu. granted plaintiffs the opportunity to surcharge and falsify accounts that the defendant \nalleged to be settled. \nsur cui ante divortium (s;lr kI [or kWI or kwee] an-tee \nd;)-vor-shee-\",m). See CUI ANTE DIVORTlUM. \nsur cui in vita (s;) kI [or kWI or kweel in VIol;)}. See CUI \nIN VITA. \nsur disclaimer. Rist. A writ brought by a lord against \na tenant who has disclaimed tenure, to recover the \nland. \nsurdus (sar-d;)s), n. [Latin] Roman law. A deaf person. \n_ A wholly deaf and mute person could not lawfully \nmake a will before the time ofJustinian, who modified \nthe law. \nsurety (shuur[-;)J-tee). (l4c) 1. A person who is primarily \nliable for paying another's debt or performing another's \nobligation. -Although a surety is similar to an insurer, \none important difference is that a surety often receives \nno compensation for assuming liability. A surety differs \nfrom a guarantor, who is liable to the creditor only ifthe \ndebtor does not meet the duties owed to the creditor; \nthe surety is directly liable. Cf. GUARANTOR. [Cases: \nPrincipal and Surety~~l, 65, 66.] \n\"The words surety and guarantor are often used indiscrimi \nnately as synonymous terms; but while a surety and a guar\nantor have this in common, that they are both bound for \nanother person, yet there are points of difference between \nthem which should be carefully noted. A surety is usually \nbound with his prinCipal by the same instrument, executed \nat the same time and on the same consideration. He is \nan original promisor and debtor from the beginning, and \nis held ordinarily to know every default of this principal. \nUsually the surety will not be discharged, either by the mere \nindulgence of the creditor to the principal, or by want of \nnotice of the default of the principal, no matter how much \nhe may be injured thereby. On the other hand, the contract \nof the guarantor is his own separate undertaking, in which \nthe principal does not join. It is usually entered into before \nor after that of the principal. and is often founded on a \nseparate conSideration from that supporting the contract \nofthe principal.\" 1 George W. Brandt, The Law ofSuretyship \nand Guaranty 2, at 9 (3d ed. 1905). \n\"A surety, in the broad sense, is one who is liable for the \ndebt or obligation of another, whether primarily or second \narily, conditionally or unconditionally. In other words, the \nterm surety includes anyone who is bound on an obliga \ntion which, as between himself and another person who is \nbound to the obligee for the same performance, the latter \nobligor should discharge. In this sense, suretyship includes \nall accessorial obligations. By such terminology, guaran\ntors and indorsers are kinds of sureties.... A surety, in \nthe narrow sense, is one who is liable in form primarily on \nthe debt or obligation of another. His obligation is acces \nsorial to that of the principal debtor, but it is direct and \nnot conditioned on the principal debtor'S default. In this \nsense, suretyship differs from guaranty and indorsement. \nwhich are conditional, secondary obligations .. _. The word \nsurety is in the majority of American decisions used in \nthe narrower sense to indicate a primary obligation to pay \nanother's debt, to distinguish it from the secondary obliga \ntion of a guarantor. This terminology has the advantage of \nindicating by the use of the one word 'surety' an obligation \nwhich is at once one to pay another's debt, but which at \nthe same time is not conditioned upon another's default.\" \nLaurence P. 5im pson, Handbook on the Law ofSuretyship \n6, 8-9 (1950). \naccommodation surety. See voluntary surety. \n\n1580 surety and fidelity insurance \ncompensated surety. A surety who is paid for becoming \nobliged to the creditor; esp., one that engages in \nthe business of executing suretyship contracts in \nexchange for premiums, which are determined by an \nactuarial computation ofrisks. _ A bonding company \nis a typical example ofa compensated surety. Also \ntermed commercial surety. \ncosurety. See COSURETY. \ngratuitous surety. A surety who is not compensated \nfor becoming obliged to the creditor. _ Perhaps the \nmost common example is the parent who signs as a \nsurety for a child. \nsubsurety. See SUBSURETY. \nsupplemental surety. A surety for a surety. \nsurety of the peace. Hist. A surety responsible for \nensuring that a person will not commit a future \noffense. -It is required of one against whom there \nare probable grounds to suspect future misbehavior. \nSee SUPPLICAVIT. \nvoluntary surety. A surety who receives no consider\nation for the promise to act as a surety. Also termed \naccommodation surety. \n2. A formal assurance; esp., a pledge, bond, guarantee, \nor security given for the fulfillment of an undertak\ning. \nsurety and fidelity insurance. See fidelity insurance \nunder INSURANCE. \nsurety bond. See PERFORMANCE BOND. \nsurety company. See COMPANY. \nsurety insurance. See guaranty insurance under INSUR\nANCE. \nsuretyship. 1. The legal relation that arises when one \nparty assumes liability for a debt, default, or other \nfailing ofa second party. -The liability of both parties \nbegins simultaneously. In other words, under a contract \nofsuretyship, a surety becomes a party to the principal \nobligation. [Cases: Principal and Surety (;=: 1,65,66.] \n2. The lending of credit to aid a principal who does \nnot have sufficient credit. _ The purpose is to guard \nagainst loss if the principal debtor were to default. 3. \nThe position or status of a surety. \ninvoluntary suretyship. A suretyship that arises inci\ndentally, when the chief object of the contract is to \naccomplish some other purpose. [Cases: Principal \nand Surety \npersonal suretyship. A suretyship in which the surety is \nanswerable in damages. [Cases: Principal and Surety \nreal suretyship. A suretyship in which specified \nproperty can be taken, but the surety is not answer\nable in damages. [Cases: Principal and Surety \n65.] \nsuretyship by operation oflaw. A suretyship that the \nlaw creates when a third party promises a debtor to \nassume and pay the debt that the debtor owes to a \ncreditor. [Cases: Principal and Surety (;=: 14.) voluntary suretyship. A suretyship in which the chief \nobject ofthe contract is to make one party a surety. \nsurface. 1. Ihe top layer of something, esp. of land. \n2. Mining law. An entire portion ofland, including \nmineral deposits, except those specifically reserved. \n-The meaning of the term varies, esp. when used in \nlegal instruments, depending on the language used, \nthe intention of the parties, the business involved, and \nthe nature and circumstances of the transaction. 3. \nMining law. The part ofthe geologic section lying over \nthe minerals in question. \nsurface casing. See CASING. \nsurface-damage dause. Oil & gas. A lease provision \nrequiring the lessee to pay the lessor or the surface\ninterest owner for all or for a specified kind or degree \nof damage to the surface that results from oil-and-gas \noperations. Also termed location-damage clause; \ndamages clause. [Cases: Mines and Minerals C=:' 120.) \nsurface interest. Oil & gas. Every right in real property \nother than the mineral interest. -The surface-interest \nowner has the right to the surface subject to the right \nof the mineral-interest owner to use the surface. The \nsurface-interest owner is entitled to all whatever non\nmineral substances are found in or under the soil. \nAlso termed surface right. Cf. MINERAL INTEREST; \nSUBSURFACE INTEREST. [Cases: Mines and Minerals \n(;=:55(6).] \nsurface issue. See ISSUE (1). \nSurface Transportation Board. A unit in the U.S. \nDepartment of Transportation responsible for the \neconomic regulation of interstate surface transporta\ntion, primarily railroads. -Its jurisdiction includes \nrailroad-rate and -service issues, railroad-company \nmergers and related labor matters; certain truck and \nocean shipping rates; certain intercity bus-company \nstructures; and certain pipeline matters not regulated \nby the Federal Energy Regulatory Commission. \nAbbr. STB. [Cases: Carriers'C=: 10.] \nsurface water. See WATER. \nSurgeon General. (18c) 1. The chief medical officer of the \nU.S. Public Health Service or of a state public-health \nagency. 2. The chief officer ofthe medical departments \nin the armed forces. Abbr. SG. \nsurmise (S<lr-mIz), n. (l8c) 1. An idea based on weak \nevidence; conjecture. 2. Hist. A suggestion, esp. to a \ncourt. 3. Hist. Eccles. law, An allegation in the com\nplaint. - A collateral surmise is a surmise of a fact not \ncontained in the libel. See LIBEL (3). \nsurname. See NAME. \nsurplice fees (s~r-plis feez). Eccles. law. Fees paid to \nclergy for performing occasional duties, such as mar\nriages, funerals, and baptisms. \nsurplus. 1. The remainder of a thing; the residue or \nexcess. 2. The excess of receipts over disbursements. \n3. Funds that remain after a partnership has been dis\nsolved and all its debts paid. 4. A corporation's net \n\n1581 surrender \nworth, beyond the par value of capital stock. -Also \ntermed overplus. \naccumulated surplus. Earnings in excess ofa corpora\ntion's capital and liabilities. \nacquired surplus. The surplus gained by the purchase \nof another business. \nactuarial surplus. See ACTUARIAL SURPLUS. \nappreciation surplus. See revaluation surplus. \nappropriated surplus.!. The portion of surplus ear\nmarked for a specific purpose. -Also termed reserved \nsurplus. 2. See appropriated retained earnings under \nEARNINGS. \ncapital surplus. l. All surplus (such as paid-in surplus \nor donated surplus) not arising from the accumula\ntion ofprofits; a company's surplus other than earned \nsurplus, usu. created by financial reorganization or \ngifts. 2. See paid-in surplus. \ndonated surplus.!. Assets (such as stock) contributed \nto a corporation. 2. The increase in the shareholders' \nequity account resulting from such a contribution. \nearned surplus. See retained earnings under \nEARNINGS. \ninitial surplus. The surplus that appears on the finan\ncial statement at the beginning of an accounting \nperiod, but that does not reflect the operations for \nthe statement's period. \npaid-in surplus. The surplus gained by the sale, \nexchange, or issuance ofcapital stock at a price above \npar value. -Also termed capital surplus; premium \non capital stock. \nreserved surplus. See appropriated surplus (1). \nrestricted surplus. A surplus with a limited or restricted \nuse; esp., the portion ofretained earnings that cannot \nbe distributed as dividends . The restriction is usu. \ndue to preferred dividends in arrears, a covenant in \na loan agreement, or some decision of the board of \ndirectors. See retained earnings under EARNINGS. \nrevaluation surplus. Surplus that is gained when assets \nare reappraised at a higher value. -Also termed \nappreciation surplus. \ntrade surplus. The excess ofmerchandise exports over \nmerchandise imports during a specific period. Cf. \ntrade deficit under DEFICIT. \nunearned surplus. Corporations. The total ofamounts \nassigned to shares in excess ofstated capital, surplus \narising from a revaluation of assets above cost, and \ncontributions other than for shares, whether from \nshareholders or others. \nsurplusage (s<lr-pl<ls-ij). (lSc) l. Redundant words in \na statute or legal instrument; language that does not \nadd meaning <the court must give effect to every word, \nreading nothing as mere surplusage>. [Cases: Statutes \nC='202, 206.] 2. Extraneous matter in a pleading <alle\ngations that are irrelevant to the case will be treated \nas surplusage>. [Cases: Indictment and Information \nC='1l8.] \"Surplusage is to be avoided. The perfection of pleading is \nto combine the requisite certainty and precision with the \ngreatest possible brevity of statement. 'Surplusage' ... \nincludes matter of any description which is unnecessary to \nthe maintenance of the action or defense. The rule requires \nthe omission of such matter in two instances: (1) Where the \nmatter is wholly foreign and irrelevant to the merits of the \ncase. (2) When, though not wholly foreign, such matter \nneed not be stated.\" Benjamin J. Shipman, Handbook of \nCommon-Law Pleading  316, at 514 (Henry Winthrop Bal\nlantine ed., 3d ed. 1923). \nsurplus earnings. See EARNINGS. \nsurplus-lines insurance. See INSURANCE. \nsurplus profit. See PROFIT (1). \nsurplus revenue. See appropriated retained earnings \nunder EARNINGS. \nsurplus water. See WATER. \nsurprise. (ISc) An occurrence for which there is no \nadequate warning or that affects someone in an \nunexpected way . In a trial, the procedural rules are \ndesigned to limit surprise -or trial by ambush -as \nmuch as possible. For example, the parties in a civil case \nare permitted to conduct discovery, to determine the \nessential facts of the case and the"}
{"text": "possible. For example, the parties in a civil case \nare permitted to conduct discovery, to determine the \nessential facts of the case and the identities of possible \nwitnesses, and to inspect relevant documents. At trial, \nif a party calls a witness who has not been previously \nidentified, the witness's testimony may be excluded ifit \nwould unfairly surprise and prejudice the other party. \nAnd if a party has diligently prepared the case and is \nnevertheless taken by surprise on a material point at \ntrial, that fact can sometimes be grounds for a new trial \nor for relief from the judgment under Rules 59 and 60 \nof the Federal Rules of Civil Procedure. \nsurrebuttal (s<lr-ri-b<lt-;Jl). (1853) The response to the \nopposing party's rebuttal in a trial or other proceed\ning; a rebuttal to a rebuttal <called two extra witnesses \nin surrebuttal>. [Cases: Criminal LawC='683; Federal \nCivil Procedure C='201S; Trial C='64.] \nsurrebutter (s;Jr-ri-b<lt-;Jr). Common-law pleading. (l7c) \nThe plaintiff's answer offact to the defendant's rebutter. \n[Cases: Pleading C='185.] \nsurrejoinder (s;Jr-ri-joyn-d;Jr). Common-law pleading. \n(l6c) The plaintiff's answer to the defendant's rejoinder. \nSee REPLICATION. [Cases: Pleading C='184.] \n\"Where the common-law system of pleading is in force, the \npleadings do not terminate with the plaintiff's replication. \nThe defendant may interpose a rejoinder to the replica\ntion, and the plaintiff a surrejoinder to the defendant's \nrejoinder. Then follows the rebutter, which in turn may \nbe met by a surrebutter.\" 61A Am. Jur. 2d Pleading  193, \nat 192 (1981). \nsurrender, n. (ISc) 1. The act of yielding to another's \npower or control. 2. The giving up of a right or claim; \nRELEASE (1). [Cases: Release C=' 1.] 3. The return ofan \nestate to the person who has a reversion or remain\nder, so as to merge the estate into a larger estate. Cf. \nMERGER (4). \n\"Merger bears a very near resemblance, in circumstances \nand effect, to a surrender; but the analogy does not hold \nin all cases, though there is not any case in which merger \nwill take place, unless the right of making and surrender \n\n1582 surrender by bail \nresided in the parties between whom the merger takes \nplace. To a surrender, it is requisite that the tenant of the \nparticular estate should relinquish his estate in favor of the \ntenant of the next vested estate, in remainder or reversion. \nBut merger is confined to the cases in which the tenant of \nthe estate in reversion or remainder grants that estate to \nthe tenant of the particular estate, or in which the particular \ntenant grants his estate to him in reversion or remainder. \nSurrender is the act of the party, and merger is the act of \nthe law.\" 4 James Kent, Commentaries on American Law \n*100 (George Comstock ed., 11th ed. 1866). \n4. Commercial law. The delivery of an instrument so \nthat the delivery releases the deliverer from all liability. \n[Cases: Bills and Notes C~438.1 5. A tenant's relin\nquishment of possession before the lease has expired, \nallowing the landlord to take possession and treat the \nlease as terminated. -Also termed (in sense surren\nder of term. [Cases: Landlord and Tenant 109.] \nsurrender, vb. \nsurrender by bail. (18c) A surety's delivery of a prisoner, \nwho had been released on bail, into custody. [Cases: \nBail C=>80.J \nsurrender by operation oflaw. (1836) An act that is an \nequivalent to an agreement by a tenant to abandon \nproperty and the landlord to resume possession, as \nwhen the parties perform an act so inconsistent with \nthe landlord-tenant relationship that surrender is \npresumed, or when a tenant performs some act that \nwould not be valid if the estate continued to exist. \n[Cases: Landlord and Tenant 109,110,194.] \nsurrender clause. Oil & gas. A provision commonly \nfound in oil-and-gas leases authorizing a lessee to \nrelease its rights to all or any portion of the leased \nproperty at any time and to be relieved offurther obli\ngations on the acreage surrendered. [Cases: Mines and \nMinerals G':\"::> 77.] \nsurrenderee. One to whom a surrender is made. See SUR\nRENDER. \nsurrenderer. See SURRENDEROR. \nsurrender of a criminal. An officer's delivery of a \nprisoner to the authorities in the appropriate jurisdic\ntion. See EXTRADITION; RENDITION. [Cases: Extradition \nand Detainers C=> 16,36.] \nsurrender ofa preference. Bankruptcy. The yielding ofa \nvoidable conveyance, transfer, aSSignment, or encum\nbrance by a creditor to the trustee as a condition of \nallowing the creditor's claim. [Cases: BankruptcyC:) \n2824.J \nsurrender ofcharter. Corporations. The dissolution of \na corporation by a formal yielding ofits charter to the \nstate under which it was created and the subsequent \nacceptance of that charter by the state. [Cases: Corpo\nrations C=>61O(1).] \n\"The surrender of a charter can be made only by some \nformal, solemn act of the corporation, and will be of no \navail until accepted by the government. There must be the \nsame agreement ofthe parties to dissolve that there was to \nform the compact. It is the acceptance which gives efficacy \nto the surrender. Consent of the state is sometimes \nby general statute.\" 19 Am. Jur. 2d Corporations  \nat 546 (1986). surrender ofcopyhold. Rist. The transfer by a tenant of \na copyhold estate by yielding it to the lord in trust for \nthe transferee according to the terms in the surrender. \n In normal practice, the tenant went to the steward \nof the manor and delivered a rod, a glove, or other cus\ntomary symbol, thereby conveying to the lord (through \nthe steward) all interest and title to the estate, in trust, \nto be then granted by the lord to the transferee. See \nCOPYHOLD. \nsurrender ofterm. See SURRENDER (5). \nsurrenderor. One who surrenders; esp., one who yields \nup a copyhold estate for conveyance. Also spelled \nsurrenderer. See COPYHOLD. \nsurrender to uses ofwill. Rist. A required yielding ofa \ncopyhold interest passed by will to the will's uses . The \nrequirement was abolished by St. 55 Geo. 3, ch. 192. \nsurrender value. See cash surrender value UDder VALUE \n(2). \nsurreply. A movant's second supplemental response to \nanother party's opposition to a motion. Sometimes \nwritten sur-reply. [Cases: Federal Civil Procedure \n921.] \nsurreptitious (s<:lr-<:lp-tish-<:ls), adj. (15c) (Ofconduct) \nunauthorized and clandestine; stealthily and usu. \nfraudulently done <surreptitious interception ofelec\ntronic communications is prohibited under wiretap\nping laws>. [Cases: Telecommunications \nsurreptitious-entry search warrant. See covert-entry \nsearch warrant under SEARCH WARRANT. \nsurreptitious-entry warrant. See WARRANT (1). \nsurrogacy. 1. The act of performing some function in \nthe place of someone else. 2. The process of carrying \nand delivering a child for another [Cases: Child \nCustodyC=>274.5; Child Support Children Out\nof-Wedlock C=>15; Parent and Child \ngestational surrogacy. A pregnancy in which one \nwoman (the genetic mother) prOVides the egg, which is \nfertilized, and another woman (the surrogate mother) \ncarries the fetus and gives birth to the child. \ntraditional surrogacy. A pregnancy in which a woman \nprovides her own egg, which is fertilized by artificial \ninsemination, and carries the fetus and gives birth to \na child for another person. \nsurrogacy contract. See SURROGATE-PARENTING AGREE\nMENT. \nsurrogate (sar-<:l-git), n. (17c) 1. A substitute; esp., a \nperson appointed to act in the place of another <in \nhis absence, Sam's wife acted as a surrogate>. See SUR\nROGACY; surrogate mother under MOTHER. 2. A probate \njudge <the surrogate held that the will was valid>. See \nprobate judge under JUDGE. 3. One who acts in place of \nanother. -surrogate, adj. -surrogacy (sar-<'I-g<:l-see), \nsurrogateship, n. \nsurrogate carrier. See surrogate mother (1) under \nMOTHER. \nsurrogate court. See probate court under COURT. \n\n1583 \nsurrogate mother. See MOTHER. \nsurrogate parent. 1. See PARENT. 2. See surrogate mother \nunder MOTHER. \nsurrogate-parenting agreement. (1985) A contract \nbetween a woman and typically an infertile couple \nunder which the woman provides her uterus to carry \nan embryo throughout pregnancy; esp., an agreement \nbetween a person (the intentional parent) and a woman \n(the surrogate mother) providing that the surrogate \nmother will (1) bear a child for the intentional parent, \nand (2) relinquish any and all rights to the child. _ If \nthe surrogate mother is married, her husband must \nalso consent to the terms of the surrogacy contract. \nThe agreement usu. provides that the woman will relin\nquish to the couple any parental rights she may have \nupon the birth ofthe child. Complex issues arise con\ncerning who is the parent of the resulting child: the \ngenetic donor ofegg or sperm, a spouse ofeither donor, \nthe surrogate, or the person intending to care for the \nresulting child? American jurisdictions are split on the \ninterpretation and enforceability ofthese contracts. \nAlso termed surrogacy contract. See surrogate mother \nunder MOTHER; intended child under CHILD; intentional \nparent under PARENT. [Cases: Child Custody (..'=274.5; \nChild Support (;=63; Children Out-of-Wedlock (~15; \nParent and Child ~20.l \nsurrogate's court. See probate court under COURT. \nsurrounding circumstances. (1828) The facts underly\ning an act, injury, or transaction -usu. one at issue in \na legal proceeding. \nsursise (S<lr-slz). [Law French] Hist. Neglect; omission. \nsursum reddere (sar-s<lm red-;Jr-ee), vb. [Law Latin] Hist. \nIn conveyancing, to render up or surrender (property \nrights, etc.). \nsursum redditio (sar-s<lm r<l-dish-ee-oh). [Law Latin] \nHist. In conveyancing, a surrender of an estate by \nmutual agreement. \nsurtax. See TAX. \nsurtax exemption. (18c) 1. An exclusion of an item from \na surtax. [Cases: Internal Revenue ~3633.12. An item \nor an amount not subject to a surtax. See surtax under \nTAX. \nsurveillance (s<lr-vay-bnts), n. (1802) Close observation \nor listening ofa person or place in the hope ofgathering \nevidence. surveil (s<lr-vayl), vb. \nsurvey, n. (l6c) 1. A general consideration ofsomething; \nappraisal <a survey of the situation>. 2. The measur\ning ofa tract ofland and its boundaries and contents; a \nmap indicating the results ofsuch measurements <the \nlender requires a survey of the property before it will \nissue a loan>. \ngovernment survey. A survey made by a governmental \nentity of tracts ofland (as of townships and sections \nand quarter-sections ofland). -Also termed (when \nconducted by the federal government) congressional \nsurvey. [Cases: Municipal Corporations (..'='42; Public \nLands ~23-28.1 surviving spouse \ninclusive survey. A survey that includes within the \ndescribed boundaries land that is owned or claimed \nby others and excluded from the survey's computed \narea. \ntopographical survey. A survey that determines a prop\nerty's elevation above sea level. \n3. A governmental department that carries out such \nmeasurements <please obtain the boundaries from \nsurvey>. 4. A poll or questionnaire, esp. one examin\ning popular opinion <the radio station took a survey \nof the concert audience>. 5. Maritime law. A written \nassessment of the current condition of a vessel or \ncargo. -Also termed (in sense 5) survey ofa vessel. \n[Cases: Shipping 12.] survey, vb. \nsurvey ofa vessel. See SURVEY (5). \nsurveyor (sJr-vaY-<lr), n. One who surveys land and \nbuildings. -surveyorship, n. \nsurveyor ofthe port. Hist. A U.S. customs revenue officer \nappointed for each principal port ofentry to oversee the \ninspection and valuation of imports. _ The office was \nabolished in 1953. \nsurvival action. (1938) A lawsuit brought on behalfofa \ndecedent's estate for injuries or damages incurred by \nthe decedent immediately before dying. _ A survival \naction derives from the claim that a decedent would \nhave had -such as for pain and suffering -if he or \nshe had survived. In contrast is a claim that the benefi\nciaries may have in a wrongful-death action, such as for \nloss of consortium or loss of support from the decedent. \nCf. WRONGFUL-DEATH ACTION. [Cases: Death ~1O.] \nsurvival clause. Wills & estates. A testamentary provi\nsion conditioning a bequest on a beneficiary's living \nfor a specified period, often 60 days, after the testa\ntor's death. -I"}
{"text": "a beneficiary's living \nfor a specified period, often 60 days, after the testa\ntor's death. -Ifthe beneficiary dies within the stated \nperiod, the testamentary gift usu. accrues to the resid\nuaryestate. -Also termed surVivorship clause. Cf. \nSIMULTANEOUS-DEATH CLAUSE. \nsurvival statute. (1892) A law that modifies the common \nlaw by allowing certain actions to continue in favor ofa \npersonal representative after the death of the party who \ncould have originally brought the action; esp., a law that \nprovides for the estate's recovery ofdamages incurred \nby the decedent immediately before death. Cf. DEATH \nSTATUTE. [Cases: Death ~1O.1 \nsurvivance. The right ofsuccession (as to an office or to \nan estate) of a survivor named before the death of the \nincumbent or the holder. \nsurviving, adj. (l6c) Remaining alive; living beyond the \nhappening of an event so as to entitle one to a distri\nbution ofproperty or income <surviving spouse>. See \nSURVIVAL ACTION. \nsurviving corporation. See CORPORATION. \nsurviving partner. See PARTNER. \nsurviving spouse. See SPOUSE. \n\nsurvivor 1584 \nsurvivor. (l5c) 1. One who outlives another. 2. A trustee \nwho administers a trust after the cotrustee has been \nremoved, has refused to act, or has died. \nsurvivor-income benefit plan. See EMPLOYEE BENEFIT \nPLAN. \nsurvivorship. (l7c) 1. The state or condition ofbeing the \none person out oftwo or more who remains alive after \nthe others die. 2. The right ofa surviving party having a \njoint interest with others in an estate to take the whole. \nSee RIGHT OF SURVIVORSHIP. \nsurvivorship annuity. See ANNUITY. \nsurvivorship clause. See SURVIVAL CLAUSE. \nsurvivorship policy. See INSURANCE POLICY. \nsusceptibility. See SUBJECTION (3). \nsuspect, n. (l4c) A person believed to have committed a \ncrime or offense. \nsuspect, vb. 1. To consider (something) to be probable. \n2. To consider (something) possible. 3. To consider (a \nperson) as having probably committed wrongdoing, \nbut without certain truth. \nreasonably suspect. 1. To consider (something) to be \nprobable under circumstances in which a reasonable \nperson would be led to that conclusion. 2. To consider \n(someone) as having probably committed wrongdo\ning under circumstances in which a reasonable person \nwould be led to that conclusion. \nsuspect class. (1952) A group identified or defined in a \nsuspect classification. \nsuspect classification. (1949) Constitutional law. A stat\nutory classification based on race, national origin, or \nalienage, and thereby subject to strict scrutiny under \nequal-protection analysis . Examples oflaws creating \nsuspect classifications are those permitting only U.S. \ncitizens to receive welfare benefits and setting quotas \nfor the government's hiring ofminority contractors. See \nSTRICT SCRUTINY. Cf. FUNDAMENTAL RIGHT. [Cases: \nConstitutional Law <:::=>30n, 3078.] \nquasi-suspect classification. A statutory classification \nbased on gender or legitimacy, and therefore subject \nto intermediate scrutiny under equal-protection \nanalysis. Examples of laws creating a quasi-sus\npect classification are those permitting alimony for \nwomen only and providing for an all-male draft. See \nINTERMEDIATE SCRUTINY. [Cases: Constitutional Law \n<:::=>3074,3081.] \nsuspend, vb. (14c) 1. To interrupt; postpone; defer <the \nfire alarm suspended the prosecutor's opening state\nment>. 2. To temporarily keep (a person) from per\nforming a function, occupying an office, holding a job, \nor exercising a right or privilege <the attorney's law \nlicense was suspended for violating the Model Rules of \nProfessional Conduct>. [Cases: Licenses <:::=>38; Officers \nand Public Employees <:::=>65.] \nsuspend the rules. Parliamentary law. To pass a motion \nthat overrides an agenda or other procedural rule, for \na limited time and purpose, so that the deliberative assembly may take some otherwise obstructed \naction. \n\"When a body wishes to do something that cannot be \ndone without violating its own rules, but yet that is not in \nconflict with the constitution or with any controlling statu\ntory provision, it 'suspends the rules that interfere with' \nthe proposed action. Suspension differs from amendment \nbecause it is limited in scope and in time. The object of the \nsuspension must be specified, and nothing falling outside \nthe stated limits of the motion to suspend the rules can \nbe done under the suspension.\" National Conference of \nState Legislatures, Mason's Manual ofLegislative Procedure \n 279, at 211 (2000). \nsuspendatur per collum (sas-pen-day-tar par kahl-am). \n[Law French] Hist. Let him be hanged by the neck.  \nThis phrase was written by a judge in the margin ofthe \nsheriff's calendar, opposite the name ofa prisoner who \nhad been sentenced to death. -Abbr. sus. per coll. \n\"And now the usage is, for the judge to sign the calendar, \nor list of all the prisoners' names, with their separate judg \nments in the margin, which is left with the sheriff. As, for \ncapital felony, it is written opposite to the prisoner's name, \n'hanged by the neck;' formerly, in the days of Latin and \nabbreviation, 'sus. per call.' for 'suspendatur per collum.' \nAnd this is the only warrant that the sheriff has for so \nmaterial an act as taking away life of another.\" 4 William \nBlackstone, Commentaries on the Laws of England 396 \n(1769). \nsuspended sentence. See SENTENCE. \nsuspended trading. See TRADING HALT. \nsuspense. (l5c) The state or condition of being suspended; \ntemporary cessation <a suspense ofjudgment>. \nsuspense account. See ACCOUNT. \nsuspense reserve. See appropriated retained earnings \nunder EARNINGS. \nsuspension. (l5c) 1. The act of temporarily delaying, \ninterrupting, or terminating something <suspension \nof business operations> <suspension of a statute>. 2. \nThe state of such delay, interruption, or termination \n<corporate transfers were not allowed because of the \nsuspension of business>. 3. The temporary depriva\ntion of a person's powers or privileges, esp. of office or \nprofession; esp., a fairly stringent level oflawyer disci\npline that prohibits the lawyer from practicing law for \na specified period, usu. from several months to several \nyears <suspension of the bar license>. Suspension \nmay entail requiring the lawyer to pass a legal-ethics \nbar examination, or to take one or more ethics courses \nas continuing legal education, before being readmitted \nto active practice. [Cases: Licenses <:::=>38; Officers and \nPublic Employees <:::=>65.J 4. The temporary withdrawal \nfrom employment, as distinguished from permanent \nseverance <suspension from teaching without pay>. \n[Cases: Labor and Employment <:::=>825.J 5. Eccles. law. \nAn ecclesiastical censure that can be temporary or per\nmanent, and partial or complete. See DEPRIVATION. 6. \nScots law. The process of staying a judgment pending \nan appeal to the Supreme Court. \nsuspension ofarms. See TRUCE. \nsuspension ofjudgment. See STAY. \n\n1585 \nsuspension of trading. The temporary cessation of \nall trading of a particular stock on a stock exchange \nbecause ofsome abnormal market condition. \nsuspensive appeal. See APPEAL. \nsuspensive condition. See CONDITION (2). \nsuspensive veto. See suspensory veto under VETO. \nsuspensory veto. See VETO. \nsus. per coll. abbr. SUSPENDATUR PER COLLUM. \nsuspicion. (14c) The apprehension or imagination ofthe \nexistence ofsomething wrong based only on inconclu\nsive or slight evidence, or possibly even no evidence. \nreasonable suspicion. (18c) A particularized and \nobjective basis, supported by specific and articulable \nfacts, for suspecting a person of criminal activity. \nA police officer must have a reasonable suspicion to \nstop a person in a public place. See STOP AND FRISK. \nCf. PROBABLE CAUSE. [Cases: Arrest \nsuspicious-activity report. (1996) A form that, as of \n1996, a financial institution must complete and submit \nto federal regulatory authorities if it suspects that a \nfederal crime has occurred in the course ofa monetary \ntransaction . This form superseded two earlier forms, \nthe criminal-referral form and the suspicious-transac\ntion report. -Abbr. SAR. [Cases: Banks and Banking c= 151,188.5; United StatesC=34.] \nsuspicious character. (18c) In some states, a person \nwho is strongly suspected or known to be a habitual \ncriminal and therefore may be arrested or required to \ngive security for good behavior. \nsuspicious-transaction report. (1993) A checkbox on \nIRS Form 4789 formerly (1990-1995) requiring banks \nand other financial institutions to report transactions \nthat might be relevant to a violation ofthe Bank Secrecy \nAct or its regulations or that might suggest money\nlaundering or tax evasion. _ This checkbox, like the \ncriminal-referral form, has since been superseded by \nthe suspicious-activity report. Abbr. STR. [Cases: \nBanks and Banking C:;:, 151.) \nsustain, vb. (Be) 1. To support or maintain, esp. over \na long period <enough oxygen to sustain life>. 2. To \nnourish and encourage; lend strength to <she helped \nsustain the criminal enterprise>. 3. To undergo; suffer \n<Charles sustained third-degree burns>. 4. (Of a court) \nto uphold or rule in favor of <objection sustained>. 5. \nTo substantiate or corroborate <several witnesses sus\ntained Ms. Sipes's allegation>. 6. To persist in making \n(an effort) over a long period <he sustained his vow of \nsilence for the last 16 years ofhis life>. -sustainment, \nsustentation, n. sustainable, adj. \nsuthdure (suuth-door). Hist. Eccles. law. The south door \nofa church, where purgations and other acts were per\nformed and complaints were heard and resolved. \nsuum cuique tribuere (s[y)oo-dm k[wJI-kwee tri-byoo\ndr-ee), vb. [Latin] Roman law. To render to every person \nhis due. This was one ofthe three general precepts in \nwhich Justinian expressed the requirements ofthe law. \nCf. ALTERUM NON LAEDERE; HONESTE VIVERE. swearing behind \nsuus heres (s[y]OO-dS heer-eez). [Latin] Roman law. An \nheir in the power of the deceased, by whom accep\ntance of the inheritance was not necessary. See SUI \nHEREDES. \nsuus judex (s[yJOO-dS joo-deks). [Law Latin] Hist. A \nproper judge in a cause. \nsuzerain (soo-zd-rin or -rayn), n. [Law French] 1. Hist. \nA Crown tenant; a tenant in capite holding an estate \nimmediately of the Crown. 2. Int'I law. A nation that \nexercises control over another nation's foreign rela\ntions. Also spelled suzereign. \nsuzerainty (soo-zd-rin-tee or -rayn-tee). 1. Hist. The \npower of a feudal overlord to whom fealty is due. See \nFEALTY. 2. Int'llaw. The dominion of a nation that \ncontrols the foreign relations of another nation but \nallows it autonomy in its domestic affairs. \n\"At the present time there appears to be no instance of a \nrelation between states which is described as a suzerainty. \nThe term was applied to the relation between Great Britain \nand the South African Republic, and also to that between \nTurkey and Bulgaria from 1878 to 1909, but it seems likely \nto disappear from diplomatic terminology.\" J.L. Brierly, The \nLaw ofNations 128 (5th ed. 1955). \nsuzereign. See SUZERAIN. \nS.W. abbr. SOUTH WESTERN REPORTER. \nswamp and overflowed land. See LAND. \nswap, n. Commercial law. 1. An exchange ofone security \nfor another. 2. A financial transaction between two \nparties, usu. involVing an intermediary or dealer, in \nwhich payments or rates are exchanged over a specified \nperiod and according to specified conditions. \ncurrency swap. An agreement to swap specified \npayment obligations denominated in one currency \nfor specified payment obligations denominated in a \ndifferent currency. \nstock swap. In a corporate reorganization, an exchange \nofone corporation's stock for another corporation's \nstock. Also termed stock10r-stock exchange. \nswarfmoney. Hist. A payment made in lieu ofthe service \nof maintaining a lord's castle. \nswatting, n. Slang. The act offalsely telephoning a report \nofa serious crime or emergency in progress in order to \nprovoke a response from a law-enforcement agency, esp. \nthe dispatch ofa SWAT (Special Weapons and Tactics) \nteam. Swatting schemes are often elaborate, involv\ning the use ofelectronic tools to mask the caller's true \nidentity and location, such as VOice-changing devices, \nfake caller-IDs, and the like. swatter, n. \nswear, vb. (bef. 12c) 1. To administer an oath to (a \nperson). [Cases: Oath 2. To take an oath. 3. To \nllse obscene or profane language. \nswearing behind. Patents. A patent applicant's shOWing \nthat an invention was conceived of"}
{"text": "language. \nswearing behind. Patents. A patent applicant's shOWing \nthat an invention was conceived of or reduced to \npractice before the effective date of a prior-art refer\nence cited by a patent examiner as grounds for rejecting \nan application. 37 CFR  1.131. -Also termed swearing \nbehind the reference. See ANTEDATING OF A PRIOR\n\nswearing contest 1586 \nART REFERENCE.[Cases: Patents C:>91(.S).] -swear \nbehind, vb. \nswearing contest. See SWEARING MATCH. \nswearing-in, n. (1900) The administration of an oath to \na person who is taking office or testifying in a legal pro\nceeding. See OATH. [Cases: Officers and Public Employ\nees C=>36(l).] \nswearing match. (1907) A dispute in which determining \na vital fact involves the credibility choice between one \nwitness's word and another's the two being irrecon\ncilably in conflict and there being no other evidence. \n In such a dispute, the fact-finder is generally thought \nto believe the more reputable witness, such as a police \nofficer over a convicted drug-dealer. -Also termed \nswearing contest; oath against an oath. \nswearing the peace. Hist. 1he giving of proofto a mag\nistrate that one fears for one's own safety, so that the \nmagistrate will order the troublemaker to keep the \npeace by issuing a supplicavit. See SUPPLICAVIT. \nswear out, vb. (1850) To obtain the issue of (an arrest \nwarrant) by making a charge under oath <Franklin \nswore out a complaint against Sutton>. \nsweat equity. (1966) Financial equity created in property \nby the owner's labor in improving the property <the \nlender required the homeowner to put 300 hours of \nsweat equity into the property>. \nsweating. (1824) Criminal procedure. The illegal interro\ngation of a prisoner by use of threats or similar means \nto extort information. \nsweat-of-the-brow doctrine. Copyright. The now\ndiscarded principle that copyrights can protect the \nlabor and expense that went into a work, rather than \nthe work's originality . The Supreme Court rejected \nthe sweat-of-the-brow doctrine in Feist Pubs., Inc. v. \nRural Tel. Servs. Co., 499 U.S. 340, 111 S.Ct. 1282 (1991). \nCf. SWEATWORK. [Cases: Copyrights and Intellectual \nProperty C:> 12(1).] \nsweatshop. (1890) Slang. A business where the employees \nare overworked and underpaid in extreme conditions; \nesp., in lawyer parlance, a law firm that requires associ\nates to work so hard that they barely (if at all) maintain \na family or social life though the firm may, in return, \npay higher salaries. \nsweatwork. Slang. A compilation, esp. a searchable \ncomputer database, that does not qualify for u.s. copy\nright protection because the underlying facts are not \ncopyrightable and the compilation is not a nontrivial \narrangement . New forms of intellectual-property \nlaws are aimed at protecting the \"sweat-of-the-brow\" \ninvestment that goes into compiling databases. Cf. \nSWEAT-OF- THE-BROW DOCTRINE. [Cases: Copyrights \nand Intellectual Property C:> 12(3).] \nsweeping, adj. 1. Comprehensive in scope <a sweeping \nobjection><sweeping legislation>. 2. Overwhelming \n<sweeping voter turnout>. \nSweeping Clause. See NECESSARY AND PROPER CLAUSE. sweepstakes. 1. A race (esp. a horse race) in which the \nwinner's prize is the sum of the stakes contributed by \nthe various competitors. 2. A contest, often for pro\nmotional purposes, that awards prizes based on the \nrandom selection of entries. State and federal laws \nprohibit conducting a sweepstakes as a scheme to \nobtain money or property through the mail by false \nrepresentations. 39 USCA  3005. [Cases: GamingC:> \n62; Lotteries C:>3.] \nsweetener. 1. An inducement offered to a brokerage \nfirm to enter into an underwriting arrangement with \nan issuer. 2. A special stock feature (such as convert\nibility) that enhances the stock's marketability. \nsweetheart deal. A collusive agreement; esp., a collec\ntive-bargaining agreement made as a result of collusion \nbetween an employer and a union representative, usu. \nallowing the employer to pay lower wages in exchange \nfor payoffs to the union representative. \nsweiu (swayn). Hist. A forest freeholder. Also spelled \nswain. \nsweinmote (swayn-moht). Hist. A forest court held three \ntimes a year, before verderors as judges and freehold\ners of the forest as jurors, to try forest offenses. -Also \nspelled swainmote; swanimote; swainemote; swainge\nmote. \n\"The court of sweinmote is to be holden before the verd\nerors, as judges, by the steward of the sweinmote thrice \nin every year .... The principal jurisdiction of this court \nis, first, to enquire into the oppressions and grievances \ncommitted by the officers of the forest ... and, secondly, \nto receive and try presentments certified from the court \nof attachments against offences in vert and venison.\" 3 \nWilliam Blackstone, Commentaries on the Laws ofEngland \n72 (1768). \nswell, n. 1. An expansion in the bulk of something <a \nswell resulting from defective canning procedures>. \n2. A gradual rise ofsomething <a swell of damages>. \n3. A large, unbroken wave; the collective waves, par\nticularly following a storm <a rough swell caused the \nshipwreck>. \nswift witness. See zealous witness under WITNESS. \nswindle, vb. (18c) To cheat (a person) out of property \n<Johnson swindled Norton out of his entire savings> \n<Johnson swindled Norton's entire savings out of \nhim>. -swindle, n. -swindling, n. \nswindler. A person who willfully defrauds or cheats \nanother. \nswinging-door chad. See CHAD. \nswing loan. See bridge loan under LOAN. \nswing vote. (1962) The vote that determines an issue \nwhen all other voting parties, such as appellate judges, \nare evenly split. \nswipe, vb. 1. To strike or try to strike with a swinging \nblow <the cat swiped its claws across my hand>. 2. \nTo steal <the thief swiped the ring out of the display \ncase>. 3. To pass a card with a magnetic stripe through \na machine that reads the stripe <I swiped my credit \n\n1587 \ncard through the pay phone's reader and made my \ncall>. -Sometimes termed (in sense 3) wipe. \nswitching. In mutual funds, the practice ofselling shares \nin one fund to buy shares in another. \nswoling (swuul-ing). Rist. The quantity ofland that \ncan be plowed in a year; a hide ofland. -Also spelled \nsuling (suuI-lng); sulung (suu-Iuung). Also termed \nswoling ofland. \nsworn brothers. Hist. Persons who, by mutual oaths, \nswear to share in each other's fortunes. \nsworn clerks in chancery. Hist. Certain officers in the \nCourt of Chancery who assist the six principal clerks \nby performing clerical tasks, including keeping records \nand making copies of pleadings. lhe offices were \nabolished in 1842 by the Court of Chancery Act. St. 5 \n& 6 Vict., ch. 103. -Also termed sixty clerks. \nsworn statement. See STATEMENT. \nSYD. abbr. Sum of the years' digits. See sum-of-the\nyears'-digits depreciation method under DEPRECIATION \nMETHOD. \nSYD method. See sum-of-the-year's-digits depreciation \nmethod under DEPRECIATION METHOD. \nsyllabus (sil-a-bas). 1. An abstract or outline ofa topic or \ncourse ofstudy. 2. A case summary appearing before the \nprinted judicial opinion in a law report, briefly reciting \nthe facts and the holding of the case . 'The syllabus is \nordinarily not part of the court's official opinion. \nSometimes termed headnote. Cf. HEADNOTE. PI. syl\nlabuses, syllabi (sil-a-br). \nsymbiotic-relationship test. (1973) The standard by \nwhich a private person may be considered a state \nactor -and may be liable for violating someone's \nconstitutional rights -if the relationship between \nthe private person and the government is so dose that \nthey can fairly be said to be acting jointly. _ Private \nacts by a private person do not generally create liability \nfor violating someone's constitutional rights. But if a \nprivate person violates some one's constitutional rights \nwhile engaging in state action, the private person, and \npossibly the government, can be held liable. State action \nmay be shown by proving that the private person and \nthe state have a mutually dependent (symbiotic) rela\ntionship. For example, a restaurant in a public parking \ngarage was held to have engaged in discriminatory state \naction by refusing to serve African-Americans. Burton \nv. Wilmington Parking Authority, 365 U.S. 715, 81 S.Ct. \n856 (1961). There, the Court found a symbiotic rela\ntionship because the restaurant relied on the garage \nfor its existence and Significantly contributed to the \nmunicipal parking authority's ability to maintain the \ngarage. But the symbiotic-relationship test is strictly \nconstrued. For example, the fact that an entity receives \nfinancial support from -or is heavily regulated by \nthe government is probably insufficient to show a sym\nbiotic relationship. lbus, although a state had granted a \npartial monopoly to a public utility, the Court refused \nto find a symbiotic relationship between them. Jackson \nv. Metropolitan Edison Co., 419 U.S. 345,95 S.Ct. 449 synergism \n(1974). See JOINT-PARTICIPATION TEST. Cf. STATE-COM\nPULSION TEST; NEXUS TEST. (Cases: Civil Rights \n1326(5,7); Constitutional Law C--:::>1061.] \nsymbolaeography (sim-b<l-lee-og-ra-fee). The art of \ndrafting legal instruments. \nsymbolic, adj. (Ofa signature) consisting ofa symbol or \nmark. Cf. ONOMASTIC (2); HOLOGRAPH. \nsymbolic delivery. See DELIVERY. \nsymbolic speech. See SPEECH. \nsymbolum animae (sim-ba-lam an-<l-mee). [Latin] Rist. \nA mortuary. See MORTUARY (2). \nsympathy strike. See STRIKE. \nsynallagmatic contract. See CONTRACT. \nsynchronization license. See LICENSE. \nsyndic (sin-dik), n. [French \"governmental representa\ntive\"]!. An agent (esp. ofa government or corporation) \nappointed to transact business for others. 2. Civil law. A \nbankruptcy trustee. [Cases: Bankruptcy (;:~3001.] \nsyndicalism (sin-di-b-liz-am), n. A direct plan or \npractice implemented by trade-union workers seeking \nto control the means of production and distribution, \nesp. by using a general strike. -syndicalist, n. \ncriminal syndicalism. Any doctrine that advocates or \nteaches the use ofillegal methods to change industrial \nor political control. \nsyndicate (sin-di-kit), n. (17c) A group organized for \na common purpose; esp., an association formed to \npromote a common interest, carry out a particular \nbusiness transaction, or (in a negative sense) organize \ncriminal enterprises. See ORGANIZED CRIME. -syndi\ncate (sin-di-kayt), vb. -syndication (sin-di-kay-shan), \nn. -syndicator (sin-di-kay-t<lr), n. \nbuyingsyndicate. A group ofinvestment bankers who \nshare the risk in underwriting a securities issue. \nsyndicate book. Securities. A list of investors who have \nexpressed an interest in purchaSing shares in a forth\ncoming public offering . The lead managing under\nwriter of the offering compiles and maintains the list \nduring the offering. \nsyndicating. l. Ihe act or process offorming a syndicate. \n2. The gathering ofmaterials for newspaper publication \nfrom various writers and distribution of the materi\nals at regular intervals to newspapers throughout the \ncountry for publication on the same day. \nsyndicus (sin-di-bs), n. [Latin \"advocate\" fr. Greeksyn\n\"with\" + dike \"lawsuit\"] Roman law. One chosen (by a \ncorporate body such as a municipality, college, etc.) to \nrepresent it at law. See SYNDIC. \nsynergism (sin-ar-jiz-am), n. Patents. 1. A combination \nof known elements or functions that create a result \ngreater than the sum of the individual elements or \nfunctions. Demonstrating that synergism exists is \nsometimes useful in proving nonobviousness. The U.S. \nSupreme Court held that synergism was a requirement \nfor a combination patent in Great Atl. & Pac. Tea Co. v. \n\n1588 syngraph \nSupermarket Equip. Corp., 340 U.S. 147 (1950). But that \nholding was overturned by the Patent Act of 1952. 35 \nUSCA  103. [Cases: Patents G~26(1.5).12. A patent\nable device that produces a new or different function or \nan unusual or surprising consequence. -Also termed \nsynergy; synergistic result. -synergistic (sin-Jr-jis-tik), \nsynergetic (sin-Jr-jet-ik), adj. \nsyngraph (sin-graf). A written contract or bond Signed \nby all the parties. \nsynod (sin-<ld). Eccles. law. An ecclesiastical council \nlawfully assembled to determine church matters;"}
{"text": "\nsynod (sin-<ld). Eccles. law. An ecclesiastical council \nlawfully assembled to determine church matters; esp., a \nmeeting of several adjoining presbyteries in the Presby\nterian church. [Cases: Religious Societies 12.) \ndiocesan synod (dy-os-<l-s<ln). A synod composed of \nclergy from one diocese. \ngeneral synod. A synod composed ofbishops from all \nnations. Also termed universal synod. \nnational synod. A synod composed of clergy from a \nsingle nation. \nprovincial synod. A synod composed of clergy from a \nsingle province. -Also termed convocation. \nsynodal (sin-Cl-dJI), n. 1. A collection of ordinances of \ndiocesan synods. 2. A tribute ofmoney given by clergy \nto a bishop at the Easter visitation. synodales testes (sin-<l-day-Ieez tes-teez), n. [Law Latin \n\"synods-men\"] Hist. Persons who gave evidence at \nsynods (or later at visitations), informing them ofmis\nconduct by clergy or laity. \nsynodsman. See SIDESMAN. \nsynopsis (si-nop-sis), n. (17c) A brief or partial survey: \na summary or outline; HEADNOTE. synopsize (si\nnop-sIz), vb. \nsynthetic lease. See LEASE. \nsynthetic rule. See QUANTITATIVE RULE. \nsystematic jurisprudence. See expository jurisprudence \nunder JURISPRUDENCE. \nsystematic violation. (1980) Civil-rights law. An employ\ner's policy or procedure that discriminates against an \nemployee. Such a policy or procedure will usu. be \nconsidered a continuing violation. So an employee's \nclaim of unlawful discrimination will not be barred \nas untimely as long as some discriminatory effect of \nthe policy or procedure occurs within the limitations \nperiod (e.g., 300 days for a Title VII claim). Cf. SERIAL \nVIOLATION. [Cases: Civil Rights 1505(7).] \n\nT \nT. Hist. 1. A letter branded on the base of the thumb of \na person who claimed the benefit of clergy to prevent \nthe person from claiming it again . 'Ibis practice was \nformally abolished by the Criminal Statutes (England) \nRepeal Act of 1827. 2. In Pennsylvania, a letter sewn \nonto the left sleeve ofa convicted thief . This letter \nrequired by a 1698 statute -had to be at least four \ninches high and of a different color from the rest of \nthe garment. \nTAB. abbr. TAX-ANTIClPATION BILL. \ntable, n. 1. A synopsized representation, esp. in columnar \nform, of the particulars of a subject, usu. to present \ndiverse items in a way that can be more easily under\nstood. Examples include actuarial tables, genealogical \ntables (which show the names and relationships of all \nthe persons constituting a family), and interest tables. \n2. A formulation oflaws inscribed on tablets, such as \nthe Twelve Tables of Roman law. See TWELVE TABLES. \n3. Parliamentary law. The secretary's desk. \ntable, vb. (1849) Parliamentary law. (Of a deliberative \nassembly) to set aside the pending business until the \nassembly votes to resume its consideration . A matter \nthat has been tabled may be brought up again by a \nvote of the assembly. -Also termed lay on the table; \npostpone temporarily. \n\"The early name of the motion to postpone temporarily was \n'lay on the table.' (In American usage the phrase has been \nshortened, and the motion is now generally referred to as \nthe motion 'to table.') The term grew out of the legislative \ncustom of literally laying a bill awaiting further consider\nation on the clerk's table. \n\"The reference to 'laying the motion on the table' or \n'tabling' is still widely used, but the more precise term, \n'postpone temporarily,' is preferred when that is its \npurpose, because the term is self-explanatory. \n\"Sometimes, however, the purpose of the motion is not \nmerely to postpone temporarily, but to set the motion \naside indefinitely -in effect, to 'kill' it ....\" Alice Sturgis, \nThe Standard Code ofParliamentary Procedure 70 (4th ed. \n2001). \n2. English law. To put forward (a bill, proposal, resolu\ntion, etc.) for consideration and discussion by a legisla\ntive or deliberative assembly. \ntableau of distribution. Civil law. A list of creditors of \nan estate, stating what each is entitled to. Seejudgment \nhomologating the tableau under JUDGMENT. \ntableaux vivant. Copyright. A performance by actors \ndressed as characters in a painting and acting out the \nevent portrayed in the painting. \ntable ofauthorities. See INDEX OF AUTHORITIES. \ntable of cases. (18c) 1. An alphabetical list of the cases \ncited in a brief or lawbook, usu. prefixed or appended \nto it, with one or more page or section numbers showing where in the text each case is cited. 2. INDEX \nOF AUTHORITIES. \nTablets ofAmalfi. See AMALPHITAN CODE. \ntabula in naufragio. [Latin \"the last plank from the ship\nwreck\"] Something added to a lawsuit, often on appeal, \nas a last-ditch argument or as an afterthought. \ntabula rasa (tab-Y<:l-l<:l rah-s<:l or -Z<:l). [Latin \"scraped \ntablet\"] (16c) A blank tablet ready for writing; a clean \nslate. PI. tabulae rasae (tab-Yd-Iee-rahs-r). \ntabular form. See SUBPARAGRAPH FORM. \ntabulis exhibendis. See DE TABULrs EXHIBENDIS. \nT-account. An accounting form shaped like the letter \nT, with the account's name above the horizontal line, \ndebits listed to the left of the vertical line, and credits \nto the right. \ntacere per quadriennium utile (td-seer-ee pdf kwod\nree-en-ee-<:lm yoo-t<:l-lee). [Law Latin) Hist. To be \nsilent throughout the four years after majority . A \nperson is estopped from challenging a deed made when \nthat person was a minor if the right is not exercised \nwithin the four years after the person reaches the age \nofmajority. \ntacit (tas-it), adj. (l7c) 1. Implied but not actually \nexpressed; implied by silence or silent acquiescence \n<a tacit understanding> <a tacit admission>. 2. Civil \nlaw. Arising by operation of law; constructive <a \ntacit mortgage> <tacit relocation>. La. Civ. Code art. \n3506(30). -tacitly, adv. \ntacit acceptance. Civil law. l. An acceptance of an offer \nindicated by circumstances or operation oflaw rather \nthan express words. La. Civ. Code art. ] 927. 2. An \nacceptance of an inheritance, indicated by the heir's \ndoing some act that shows an intent to accept it and \nthat the heir would have no right to do except in that \ncapacity. [Cases: Descent and Distribution \n119(2).] \ntacit admission. See implied admission under ADMIS\nSION (1). \ntacit collusion. See CONSCIOUS PARALLELISM. \ntacit contract. See CONTRACT. \ntacit dedication. See DEDICATION. \ntacit hypothecation. See HYPOTHECATION. \ntacit law. See LAW. \ntacit mortgage. 1. See legal mortgage under MORTGAGE. \n2. See tacit hypothecation under HYPOTHECATION. \ntadt prorogation. See PROROGATION. \ntacit relocation. The implied or constructive renewal of \na lease, usu. on a year-to-year basis, when the landlord \nand tenant have failed to indicate their intention to \n\n1590 tacit-relocation doctrine \nhave the lease terminated at the end of the original \nterm. [Cases: Landlord and Tenant 115(1).] \ntacit-relocation doctrine. The principle under which \na lease is presumed to continue (usu. for a one-year \nperiod) beyond its expiration date because of the \nparties' failure to indicate that the agreement should \nterminate at the stipulated date. [Cases: Landlord and \nTenant (:::;:> 115(1).] \ntacit remission. See REMISSION. \ntack, n. Scots law. A deed creating a lease of land or \nother immovable property for an annual rent payable \nin money, services, or fruits produced on the land. \nThe lessee may be referred to as a tacksman or tacks\nwoman. -tack, vb. \ntack, vb. 1. To add (one's own period ofland possession) \nto a prior possessor's period to establish continuous \nadverse possession for the statutory period. [Cases: \nAdverse Possession 2. To annex (a junior lien) \nto a first lien to acquire priority over an intermediate \nlien. \n'\"It is the established doctrine in the English law, that if \nthere be three mortgages in succession, and all duly reg \nistered, or a mortgage, and then a judgment, and then a \nsecond mortgage upon the estate, the junior mortgagee \nmay purchase in the first mortgage, and tack it to his \nmortgage, and by that contrivance 'squeeze out' the middle \nmortgage and gain preference over it. The same rule would \napply if the first as well as the second incumbrance was a \njudgment; but the incumbrancer who tacks must always \nbe a mortgagee, for he stands in the light of a bona fide \npurchaser, parting with his money upon the security of the \nmortgage.\" 4 James Kent, Commentaries on American Law \n*176 (George Comstock ed., 11th ed. 1866). \n3. Scots law. To lease land or another immovable for \nan annual rent payable in money, services, or fruits \nproduced on the land. \ntacking. (18c) 1. The joining of consecutive periods of \npossession by different persons to treat the periods as \none continuous period; esp., the adding of one's own \nperiod ofland possession to that ofa prior possessor to \nestablish continuous adverse possession for the statu\ntory period. See ADVERSE POSSESSION. [Cases: Adverse \nPossession (:::::>43.] 2. The joining ofa junior lien with \nthe first lien in order to acquire priority over an inter\nmediate lien. [Cases: Mortgages (;~::) 151(2).] \nTaft-Hartley Act. See LABOR-MANAGEMENT RELATIONS \nACT. \nTaft-Hartley fund, See joint-welfare fund under FUND \n(1). \ntail, n. (14c) The limitation of an estate so that it can be \ninherited only by the fee owner's issue or class ofissue. \nSee FEE TAIL; ENTAIL. Also termed (in Scots law) \ntailzie (tay-Iee). lCases: Descent and Distribution C= \n29; Estates in Property 12; Wills (:::::>604.] \nseveral tail. A tail that designates two separate heirs or \nclasses of heirs who are eligible to inherit. \ntail female. (ISc) A limitation to female heirs. [Cases: \nEstates in Property Wills (:::::)605.] tail general. (15c) 1. A tail limited to the issue of \na particular person, but not to that of a particular \ncouple. -Also termed general tail. 2. See tail male. \n[Cases: Estates in Property Wills (,~604.1 \ntail male. (17c) A limitation to male heirs. Also \ntermed tail general. [Cases: Estates in Property \n12; Wills (:::::>604.] \ntail special. (15c) A tail limited to specified heirs of \nthe donee's body. -Also termed special tail. [Cases: \nEstates in Property C='12; Wills (:::::>604.] \n\"Estates-tail are either general, or special . ... Tenant in tail\nspecial is where the gift is restrained to certain heirs ... \nand does not go to all of them in general. And this may \nhappen in several ways. I shall instance in only one: as \nwhere lands and tenements are given to a man and the \nheirs ofhis body. on Mary his now wife to be begotten; here \nno issue can inherit, but such special issue as is engen\ndered, between them two; not such as the husband may \nhave by another wife; and therefore it is called special tail.\" \n2 William Blackstone, Commentaries on the Laws ofEngland \n113-14 (1766). \ntail coverage. Insurance. An extension ofa claims-made \nprofeSSional-liability policy to protect against claims \nand lawsuits filed after the end of the policy period \nbut based on negligent acts that occurred during the \npolicy period. -Also termed extended-reporting\nperiod endorsement. Cf. PRIOR-ACTS COVERAGE. [Cases: \nInsurance 92266.] \ntailzie (tay-Iee), n. Scots law. 1. See ENTAIL. 2. See TAIL. \ntaint, n. (16c) 1. A conviction of felony. 2. A person so \nconvicted. See ATTAINDER. \ntaint, vb. (14c) 1. To imbue with a noxious quality or \nprinciple. 2. To contaminate or corrupt. 3. To tinge or \naffect slightly for the worse. taint, n. \ntainted evidence. See EVIDENCE. \ntainted stock. See STOCK. \ntake, vb. (bef. 12c) 1. To obtain possession or control, \nwhether legally or illegally <it's a felony to take that \nproperty without the owner's consent>. 2. To seize \nwith authority; to confiscate or apprehend <take the \nsuspect into custody>. 3. To acquire (property) for \npublic use by eminent domain; (of a governmental \nentity) to seize or condemn property <the state took \nthe land under its eminent-domain powers>. [Cases: \nEminent Domain C-::> 1-65.] 4. To acquire possession \nby virtue ofa grant oftitle, the use ofeminent domain, \nor other legal means; esp., to receive property by will \nor intestate succession <the prob"}
{"text": ", the use ofeminent domain, \nor other legal means; esp., to receive property by will \nor intestate succession <the probate code indicates the \nproportions according to which each heir will take>. \nSee TAKING. 5. To claim one's rights under <she took \nthe Fifth Amendment>. \ntake a default judgment. To reduce to final judgment \na defendant's failure to timely answer a lawsuit. -The \nprocess usu. involves informing the court of the defen\ndant's failure to answer, proving damages, and sub\nmitting a proposed judgment for the judge to Sign. See \nDEFAULT JUDGMENT. [Cases: Federal Civil Procedure \nC='2423; Judgment (:::::>92-131.] \n\n1591 \ntake a deposition. To obtain the testimony ofa witness \nby deposition. See DEPOSITION (1). [Cases: Federal Civil \nProcedure C=> 1371; Pretrial Procedure (,~d91.] \ntake away, vb. Hist. To entice or persuade (a female \nunder the age of 18) to leave her family for purposes of \nmarriage, prostitution, or illicit sex. See ABDUCTIO:N \n(2). \ntake back, vb. (18c) To revoke; to retract. \ntake by stealth. (16c) To steal (personal property); to \npilfer or filch. [Cases: Larceny C=> I, 12.] \ntake care of. (16c) 1. To support or look after (a person). \n2. To pay (a debt). 3. To attend to (some matter). \ntake delivery. (1829) To receive something purchased or \nordered; esp., to receive a commodity under a futures \ncontract or spot-market contract, or to receive securi\nties recently purchased. \ntake effect, vb. (14c) L To become operative or executed. \n2. To be in force; to go into operation. \ntake from the table. Parliamentary law. To resume \nconsideration of (business previously tabled). -Also \ntermed resume consideration. \ntake-home pay. Gross wages or salary reduced by deduc\ntions such as income taxes, social-security taxes, vol\nuntary contributions, and union dues; the net amount \nofa paycheck. \ntake-it-or-Ieave-it contract. See adhesion contract under \nCONTRACT. \ntake-nothing judgment. See JUDGMENT. \ntake-or-pay contract. See CONTRACT. \ntakeover. Ihe acquisition of ownership or control of a \ncorporation. - A takeover is typically accomplished by \na purchase ofshares or assets, a tender offer, or a merger. \n[Cases: Securities Regulation C=>52.10-52.26.] \nfriendly takeover. A takeover that is approved by the \ntarget corporation. \nhostile takeover. A takeover that is resisted by the target \ncorporation. -Also termed unfriendly takeover. \n[Cases: Corporations C=>31O(1).] \nunfriendly takeover. See hostile takeover. \ntakeover agreement. See AGREEMENT. \ntakeover bid. An attempt by outsiders to wrest control \nfrom the incumbent management ofa target corpora\ntion. -Also termed tender offer. See TENDER OFFER. \ntakeover defense. A measure taken by a corporation to \ndiscourage hostile takeover attempts. Often short\nened to defense. -Also termed shark repellent. \nstructural takeover defense. A legal mechanism \nadopted by a corporation to thwart any future \ntakeover bid without having any financial or opera\ntional effect on the target corporation. \ntransactional takeover defense. A financial or oper\national transaction designed to make a present or \nfuture takeover bid more difficult by raising a comtaking \nbidder's profit. -Examples include issuing new shares \nofstock, acquiring expensive assets, and adopting a \npoison-pill defense. See POISON PILL; PORCUPINE PRO\nVISION. \ntakeover offer. See TENDER OFFER. \ntaker, n. (ISc) A person who acquires; esp., one who \nreceives property by will, by power ofappointment, or \nby intestate succession. [Cases: Descent and Distribu\ntion C=>20-41; Wills (:=:'492-5] 1.] \nfirst taker. (18c) A person who receives an estate that is \nsubject to a remainder or executory devise. \npresumptive taker. A person who would take under the \napplicable provisions if the takers were to be finally \nascertained at the present moment. [Cases: Wills (;= \n849.] \ntaker in default. (1911) A person who will receive \nproperty not effectively appointed; esp., a person \ndesignated by a donor to receive property under a \npower of appointment ifthe donee fails to exercise \nthat power. \ntake the Fifth. To assert one's right against self-incrim\nination under the Fifth Amendment. - A common but \nloose variant ofthe phrase is plead the Fifth; invoking \nthe right is not a plea. See RIGHT AGAINST SELF-INCRIM\nINATION. [Cases: Criminal Law (:=)393(1).] \ntake the witness. You may now question the witness. _ \nThis phrase is a lawyer's courtroom announcement that \nends one side's questioning and prompts the other side \nto begin its questioning. Synonymous phrases are your \nwitness and pass the witness. \ntake up, vb. 1. To payor discharge (a note). [Cases: Bills \nand Notes (;=428, 436.] 2. To retire (a negotiable \ninstrument); to discharge one's liability on (a negotiable \ninstrument), esp. the liability ofan indorser or acceptor. \n3. To purchase (a note). \ntaking, n. (14c) 1. Criminal & tort law. The act ofseizing \nan article, with or without removing it, but with an \nimplicit transfer of possession or control. \nconstructive taking. (1843) An act that does not equal \nan actual appropriation of an article but that does \nshow an intention to convert it, as when a person \nentrusted with the possession ofgoods starts using \nthem contrary to the owner's instructions. \n2. Constitutional law. The government's actual or effec\ntive acquisition of private property either by ousting \nthe owner or by destroying the property or severely \nimpairing its utility. -There is a taking of property \nwhen government action directly interferes with or \nsubstantially disturbs the owner's use and enjoyment \nof the property. -Also termed constitutional taking. \nSee CONDEM:NATION (2); EMINENT DOMAr:N. [Cases: \nEminent Domain C=>2.] \nactual taking. See physical taking. \nde facto taking (di fak-toh). (1921) 1. Interference with \nthe use or value or marketability ofland in anticipa\ntion of condemnation, depriving the owner of rea\npany's share price, paying off the bidder, or reducing a i sonable use and thereby triggering the obligation to \n\n1592 taking a case from the jury \npay just compensation. 2. A taking in which an entity \nclothed with eminent-domain power substantially \ninterferes with an owner's use, possession, or enjoy\nment ofproperty. [Cases: Eminent Domain (;::::>2.] \npermanent taking. A government's taking ofproperty \nwith no intention to return it. -The property owner \nis entitled to just compensation. [Cases: Eminent \nDomain (;::::>69, 122.] \nphysical taking. A physical appropriation ofan owner's \nproperty by an entity clothed with eminent-domain \nauthority. -Also termed actual taking. [Cases: \nEminent Domain \ntemporary taking. A government's taking of property \nfor a finite time. _ The property owner may be entitled \nto compensation and damages for any harm done \nto the property. [Cases: Eminent Domain 114, \n143.] \ntaking a case from the jury. See directed verdict under \nVERDICT. \nTakings Clause. (1955) The Fifth Amendment provi\nsion that prohibits the government from taking private \nproperty for public use without fairly compensating \nthe owner. -Also termed Just Compensation Clause. \nSee EMINENT DOMAIN. [Cases: Eminent Domain \n69,70.] \ntaking the Fifth. See TAKE THE FIFTH. \ntales (tay-leez or taylz). [Latin, pI. of taUs \"such,\" in the \nphrase tales de circumstantibus \"such of the bystand\ners\"] (15c) 1. A supply ofadditional jurors, usu. drawn \nfrom the bystanders at the courthouse, summoned to \nfill a panel that has become deficient in number because \nof juror challenges or exemptions. 2. A writ or order \nsummoning these jurors. \ntales-juror. See TALESMAN. \ntalesman (taylz-man or tay-leez-man). Archaic. 1. A \nperson selected from among the bystanders in court \nto serve as a juror when the original jury panel has \nbecome deficient in number. [Cases: Jury (;::::>72.] 2. \nVENIREMEMBER. -Also termed tales-juror. \ntalisman (tal-is-man), n. A charm, amulet, or other \nphysical thing supposedly capable ofworking wonders \n<private property is not some sacred talisman that \ncan never be touched by the state it can be taken \nfor public use as long as the owner is justly compen\nsated>. talismanic (tal-is-man-ik), adj. \ntalis qualis (tay-lis kway-lis). [Latin] Hist. Such as it is. \n- A purchaser who accepts title as it stands at the time \nofsale takes the title taUs qualis. \ntallage. 1. Hist. An arbitrary tax levied by the monarch \non towns and lands belonging to the crown. -Royal \ntallages were abolished in the 14th century when Par\nliament gained the power to approve or disapprove \nthe monarch's direct-taxation schemes. 2. Hist. A \nlevy demanded by a feudal lord from tenants in lieu \nof the tenants' provision of goods and services. _ The \ntiming and amount ofthe levy varied according to local \ncustom, type of tenure, and caprice. 3. TOLLAGE. tal1y. 1. Hist. A stick cut into two parts and marked with \nnotches to show what was due between a debtor and \ncreditor. \n'The tally. used as a receipt for money or chattels, was a \nnarrow wooden stick with notches of varying dimensions \nto represent the amount received. After the notches had \nbeen cut, the stick was split lengthwise into two unequal \npieces. The longer. which contained a stump or handle and \nwas called the 'stock,' was given to the person making the \npayment, and the shorter, a flat strip called the 'foil: to \nthe other party. If the sum involved was disputed, the two \npieces could be fitted one to the other to see if they would \n'tally.'\" C.H.5. Fifoot, History and Sources of the Common \nLaw: Tort and Contmct 223 (1949). \n\"A thousand pounds was marked by cutting out the thick\nness of the palm of the hand, a hundred by the breadth of \nthe thumb, a score by the breadth of the little finger, one \npound by that of a swelling barley-corn .... The terminol\nogy has left a permanent imprint on our language. If you \nlent money to the Bank of England, tallies were cut for the \namount: the Bank kept the foil and you received the stock; \nyou thus held 'Bank Stock' of the amount recorded upon it. \nWhen the form of cheque was adopted, it was not indeed \ncalled a foil, but the part retained by the payer is still the \ncounterfoil; and the word 'cheque' itself goes back ulti\nmately to the same root as 'exchequer.'\" Reginald l. Poole, \nThe Exchequer in the Twelfth Century 86-93 (1912). \n\"From early times tallies were used in the Exchequer and \nthis lasted until 1826. The burning of a large quantity of \nold tallies led to the burning down of the old Houses of \nParliament.\" David M. Walker, The Oxford Companion to \nLaw 1207 (1980). \n2. Anything used to record an account. 3. An account; \na score. \nTalmud (tahl-muud or tal-mad), n. A work embody\ning the civil and canonical law ofthe Jewish people. \nTalmudic (tahl-moo-dik or tal-), adj. \ntalweg. See THALWEG. \nTAM. abbr. TECHNICAL ADVICE MEMORANDUM. \ntame, adj. (Of an animal) domesticated; accustomed to \nhumans. See domestic animal under ANIMAL. [Cases: \nAnimals (;::::> 1.5(3).] \ntam facti quam animi (tam fak-tI kwam an-a-mI). \n[Latin] Hist. In deed as well as in intention. \ntamper, vb. (l6c) 1. To meddle so as to alter (a thing); \nesp., to make changes that are illegal, corrupting, or \nperverting. 2. To interfere improperly; to meddle. \ntampering, n. (17c) 1. The act ofaltering a thing; esp., the \nact ofillegally altering a document or product, such as \nwritten evidence or a consumer good. See Model Penal \nCode  224.4, 241.8; 18 lJSCA  1365. 2. The act or \nan instance of engaging in improper or underhanded \ndealings, esp. in an attempt to influence. -Tampering \nwith a witness or jury is a criminal offense. See WITNESS \nTAMPERING; OBSTRUCTION OF JUSTICE; EMBRACERY. \nTAN. See tax-anticipation note under NOTE (1). \nTANF. abbr. TEMPORARY ASSISTANCE TO NEEDY \nFAMILIES. \ntangible, adj. (16c) 1. Having or possessing physical \nform; CORPOREAL. 2. Capable of being touched and \nseen; perceptible to the touch; capable of being pos\n\n1593 \nsessed or realized. 3. Capable of being understood by \nthe mind. \ntangible asset. See ASSET. \ntangible chattel paper. See CHATTEL PAPER. \ntangible cost. See COST (1). \ntangible damages. See actual damages under \nDAMAGES. \ntangible evidence. See EVIDENCE. \ntangible medium ofexpression. Copyright. Any"}
{"text": "\nDAMAGES. \ntangible evidence. See EVIDENCE. \ntangible medium ofexpression. Copyright. Any material \nform in which a work can be expressed and commu\nnicated, either directly or through a machine. _ A \nrequirement for copyright is that the work be fixed in \na tangible medium of expression. [Cases: Copyrights \nand Intellectual Property C-:::> 12(1).] \ntangible personal property. See PROPERTY. \ntangible-personal-property memorandum. A hand\nwritten or signed document that lists items oftangible \npersonal property (such as jewelry, artwork, or furni\nture) and the persons who should receive the property \nupon the owner's death. -This memorandum is a \nseparate document from the property owner's will, and \nif referred to by the will, it is a valid testamentary dispo\nsition. Unif. Probate Code  2-513. Abbr. TPPM. \ntangible property. See PROPERTY. \ntangible thing. See corporeal thing under THING. \ntangible worth. See WORTH. \ntanquam bonus vir (tan-kwam boh-nas veer). [Law \nLatin] Scots law. As an honest or honorable man. - A \ntenant was required to run his farm tanquam bonus \nvir. Also spelled tamquam bonus vir. \ntanquam dominus (tan-kwam dom-a-nels). [Law Latin] \nRist. As owner. \ntanquam in libello (tan-kwam in lel-bel-oh). [Law Latin] \nHist. As ifalleged in the libel. \ntanquam interim dominus (tan-kwam in-telr-im dom-el\nnas). [Law Latin] Hist. As the temporary owner. \ntanquam jure devoluto (tan-kwam joor-ee dee-vel-Ioo\ntoh). [Law Latin] Hist. As ifthe right had devolved. See \nJUS DEVOLUTUM. \ntanquam optimum maximum (tan-kwam op-tel-mam \nmak-Sel-m;lm). [Law Latin] Hist. At its best and fullest. \n The phrase was often used in the conveyance of an \nestate. \ntanquam quilibet (tan-kwam kWI-I;l-bet). [Law Latin] \nHist. Like any other person. -The phrase usu. referred \nto certain transactions ofthe sovereign. \ntantum et tale (tan-telm et tay-Iee). [Latin] Hist. So much \nand ofsuch a kind. \n\"When a purchaser accepts a subject from the seller tantum \net tale as it stands in the person of the latter, he accepts it \nwith all its advantages and all its faults; he comes precisely \ninto the right and place of the seller: if the subject or the \nright sold turns out to be more valuable than was thought, \nthe purchaser has the advantage; if otherwise, he bears \nthe loss.\" John Trayner, Trayner's Latin Maxims 595 (4th \ned. 1894). tariff \ntapper, n. (1930) 1. A person who approaches another for \nmoney; a beggar. 2. By extension, a thief. \ntapping, n. See WIRETAPPING. \ntarde venit. A return of a writ that was delivered to the \nsheriff too late to be executed before the return day. See \nreturn day under DAY. \ntare (tair), n. 1. A deficiency in the weight or quantity of \nmerchandise resulting from including its container's \nweight in the total. 2. An allowance or abatement of \na certain weight or quantity that a seller makes to the \nbuyer because ofthe container's weight. Cf. TRET. \ntarget benefit plan. See EMPLOYEE BENEFIT PLAN. \ntarget corporation. See CORPORATION. \ntarget defendant. See DEFENDANT. \ntarget offense. See object offense under OFFENSE (1). \ntarget price. See PRICE. \ntarget witness. See WITNESS. \ntariff, n. 1. A schedule or system ofduties imposed by a \ngovernment on imported or exported goods . In the \nUnited States, tariffs are imposed on imported goods \nonly. [Cases: Customs Duties C=>23-38.] 2. A duty \nimposed on imported or exported goods under such \na system. See DUTY (4). \nad valorem tariff. A tariff set as a percentage of the \nimported goods' value. _ This is the primary method \nused to calculate customs duties. \nantidumping tariff. A tariff equaling the difference \nbetween the price at which the product is sold in the \nexporti ng country and the price at which the importer \nwill sell the product in the importing country . These \ntariffs are designed to prevent foreign businesses from \nartificially lowering their prices and gaining unfair \nadvantages outside their home market. Also \ntermed antidumping duty. See ANTIDUMPING LAW. \n[Cases: Customs Duties (::::;21.5.] \nautonomous tariff. A tariff set by legislation rather \nthan by commercial treaty. \ncommon external tariff. A tariff rate that members \nof a customs union, common market, or economic \nunion uniformly apply to imports from nonmember \nnations. Abbr. CXT. Also termed tariffexterior \ncommun . \ndiscriminatory tariff. A tariff containing duties that \nare applied unequally to different countries or manu\nfacturers. \npreferential tariff. A tariff that favors the products \nof one country over those of another. Cf. MOST\nFAVORED-NATIO:'II CLAUSE. \nprotective tariff. A tariff deSigned primarily to give \ndomestic manufacturers economic protection \nagainst price competition from abroad, rather than \nto generate revenue. \nretaliatory tariff. A tariff imposed to pressure another \ncountry into removing its own tariffs or making trade \nconcessions. \n\n1594 Tariff Act of 1930 \nrevenue tariff. A tariff enacted solely or primarily to \nraise revenue. \ntariffexteriorcommun. [French1 See common external \ntariff. Abbr. TEe. \n3. A fee that a public utility or telecommunications \ncompany may assess for its services. -The tariffs that \na provider may charge are limited by statute. [Cases: \nPublic Utilities (;:::) 119.1; Telecommunications \n928.]4. A schedule listing the rates charged for services \nprovided by a public utility, the U.S. Postal Service, or \na business (esp. one that must by law file its rates with \na public agency). [Cases: Public Utilities (;:::::-119.1.]5. A \nscale ofsentences and damages for crimes and injuries, \narranged by severity. -tariff, vb. \njoint tariff. A rate schedule established by two or more \ncarriers covering shipments between places requiring \nthe use of facilities owned by those carriers. rCases: \nCarriers (;:::::-30.] \nTariffAct of 1930. See SMOOT-HAWLEY TARIFF ACT. \ntarnishment. Trademarks. A form of dilution that \noccurs when a trademark's unauthorized use degrades \nthe mark and diminishes its distinctive quality. Cf. \nBLljRRING. [Cases: Trademarks \ntask order. See task-order contract under CONTRACT. \ntask-order contract. See CONTRACT. \ntax, n. (14c) A charge, usu. monetary, imposed by the \ngovernment on persons, entities, transactions, or \nproperty to yield public revenue. -Most broadly, the \nterm embraces all governmental impositions on the \nperson, property, privileges, occupations, and enjoy\nment of the people, and includes duties, imposts, and \nexcises. Although a tax is often thought of as being \npecuniary in nature, it is not necessarily payable in \nmoney. [Cases: Internal Revenue (;:::::-3001; Taxation \n(;::::)2001.)- tax, vb. \n''Taxes are the enforced proportional contributions from \npersons and property, levied by the state by virtue of its \nsovereignty for the support of government and for all \npublic needs. This definition of taxes, often referred to \nas 'Cooley's definition,' has been quoted and indorsed, \nor approved, expressly or otherwise, by many different \ncourts. While this definition of taxes characterizes them as \n'contributions: other definitions refer to them as 'imposts,' \n'duty or impost,' 'charges,' 'burdens,' or 'exactions'; but \nthese variations in phraseology are of no practical impor\ntance:' 1 Thomas M. Cooley, The Law of Taxation  1, at \n61-63 (Clark A. Nichols ed., 4th ed. 1924). \naccrued tax. (1872) A tax that has been incurred but \nnot yet paid or payable. \naccumulated-earnings tax. (1957) A penalty tax \nimposed on a corporation that has retained its \nearnings in an effort to avoid the income-tax liability \narising once the earnings are distributed to sharehold\ners as dividends. -Also termed undistributed-earn\nings tax. [Cases: Internal Revenue (;:::::-3843-3845.J \nadditional tax. See stopgap tax. \nadmission tax. A tax imposed as part of the price of \nbeing admitted to a particular event. [Cases: Public \nAmusement and Entertainment ~50.1 ad valorem tax. (1810) A tax imposed proportionally \non the value ofsomething (esp. real property), rather \nthan on its quantity or some other measure. [Cases: \nTaxation (:::::>2061.] \n\"[AJn ad valorem tax is a tax of a fixed proportion of the \nvalue of the property with respect to which the tax is \nassessed, and requires the intervention of assessors or \nappraisers to estimate the value of such property before \nthe amount due from each taxpayer can be determined.\" 71 \nAm. Jur. 2d State and Local Taxation  20, at 355 (1973). \nalternative minimum tax. (1972) A tax, often a flat \nrate, potentially imposed on corporations and higher\nincome individuals to ensure that those taxpayers \ndo not avoid too much (or all) income-tax liability \nby legitimately using exclusions, deductions, and \ncredits. Abbr. AMT. -Also termed minimum tax. \n[Cases: Internal Revenue \namusement tax. A tax on a ticket to a concert, sporting \nevent, or the like. -The tax is usu. expressed as a per\ncentage ofthe ticket price. [Cases: Public Amusement \nand Entertainment C~50.) \nback tax. (oft. pl.) A tax that, though assessed for a \nprevious year or years, remains due and unpaid. \nbetterment tax. See BETTERMENT TAX. \ncapital-gains tax. (1930) A tax on income derived from \nthe sale of a capital asset. _ The federal income tax \non capital gains typically has a more favorable tax \nrate -for example, 20% for an individual and 34% \nfor a corporation -than the otherwise applicable tax \nrate on ordinary income. See CAPITAL GAIN. [Cases: \nInternal Revenue (;:::::-3230.1-3260.J \ncapital-stock tax. 1. A tax on capital stock in the hands \nof a stockholder. [Cases: Taxation (;:::::-2234.]2. A state \ntax for conducting business in the corporate form, \nusu. imposed on out-of-state corporations for the \nprivilege of doing business in the state. _ The tax is \nusu. assessed as a percentage of the par or assigned \nvalue of a corporation's capital stock. \ncapitation tax. See poll tax. \nchild's income tax. See kiddie tax. \nclassified tax. A tax system in which different rates are \nassessed against different types oftaxed property. \ncollateral-inheritance tax. A tax levied on the transfer \nof property by will or intestate succession to a person \nother than the spouse, a parent, or a descendant of the \ndecedent. CL legacy tax. [Cases: Taxation (;:::::-3301.) \ncommutation tax. 1. A combination of two or more \ntaxes that is or can be substituted for something else \nthat could be imposed, such as a demand for other \ntaxes or the performance of personal services. -For \nexample, an excise or franchise tax may be combined \nwith a local tax in lieu of all other taxes related to the \nsubject matter. 2. Hist. A tax imposed on shipowners, \nrequiring them to post a bond or remit a payment per \nforeign passenger. _ In the 19th-century, the tax was \nused to discourage immigration and to raise revenue \nto defray the costs ofsupporting indigent immigrants \nwho had remained in the U.S. 3. Hist. A 1784 tax \n\nintended to reduce tea-smuggling and increase tax \nrevenue by cutting the tax on tea and raising the tax \non windows. To avoid payment of the tax, many \npeople boarded up their windows. \nconsumption tax. A tax imposed on sale of goods \nor services to be consumed. [Cases: Taxation \n3602.] \ndeath tax. 1. See estate tax. 2. See inheritance tax. \ndelinquent tax. A tax not paid when due. [Cases: \nInternal Revenue ~4827; Taxation (:::::>2760,3554, \n3697.] \ndirect tax. (I8c) A tax that is imposed on property, as \ndistinguished from a tax on a right or privilege . \nA direct tax is presumed to be borne by the person \nupon whom it is assessed, and not \"passed on\" to \nsome other person. Ad valorem and property taxes \nare direct taxes. [Cases: Internal Revenue ~3059-\n3064; Taxation ~2061.] \ndocumentary-stamp transfer tax. See stamp tax. \nerroneous tax. 1. A tax levied without statutory author\nity. [Cases: Taxation C==>2062, 3404, 3607.J 2. A tax \non property not subject to taxation. 3. A tax levied by \nan officer who lacks authority to levy the tax. -Also \ntermed illegal tax. \nestate tax. (1928) A tax imposed on the transfer of \nproperty by will or by intestate succession. Also \ntermed death tax; death duty. Cf. inheritance tax. \n[Cases: Internal Revenue ~4145; Taxation \n3301.] \nestimated tax. (1926) A tax paid quarterly by a taxpayer \nnot subject to withholding (such as a"}
{"text": "imated tax. (1926) A tax paid quarterly by a taxpayer \nnot subject to withholding (such as a self-employed \nperson) based on either the previous year's tax liabil\nity or an estimate of the current year's tax liability. \n[Cases: Internal Revenue C=.'4827, 4832, 5219.40; \nTaxation (;::>3554.] \nexcess-profits tax. (1918) A tax levied on profits that \nare beyond a business's normal profits . This type \noftax is usu. imposed only in times ofnational emer\ngency (such as war) to discourage profiteering. [Cases: \nInternal Revenue ~4130-4136.] \nexcise lieu property tax. A tax on the gross premiums \nreceived and collected by deSignated classes ofinsur\nance companies. [Cases: Taxation ~2243.] \nexcise tax. See EXCISE. \nexport tax. A tax levied on merchandise and goods \nshipped or to be shipped out of a country. \nflat tax. (1952) A tax whose rate remains fixed regard\nless of the amount ofthe tax base . Most sales taxes \nare flat taxes. -Also termed proportional tax. Cf. \nprogressive tax; regressive tax. [Cases: Taxation \n3672, 3673.] \nfloor tax. A tax imposed on distilled spirits stored in a \nwarehouse. [Cases: Internal Revenue ~4314.] \nfranchise tax. A tax imposed on the privilege of \ncarrying on a business (esp. as a corporation), usu. measured by the business's income. See FRANCHISE. \n[Cases: Taxation C==>2233.] \ngeneral tax. (l6c) 1. A tax that returns no special \nbenefit to the taxpayer other than the support ofgov\nernmental programs that benefit all. [Cases: Taxation \nC==>2001, 2010.] 2. A property tax or an ad valorem \ntax that is imposed for no special purpose except to \nproduce public revenue. Cf. special assessment under \nASSESSMENT. \ngeneration-skipping tax. (1977) A tax on a property \ntransfer that skips a generation . The tax limits the \nuse of generation-skipping techniques as a means of \navoiding estate taxes. [Cases: Internal Revenue \n4220.] \ngeneration-skipping transfer tax. (1984) A gift or estate \ntax imposed on a generation-skipping transfer or a \ngeneration-skipping trust. IRe (26 USCA)  2601\n2663. Sometimes shortened to generation-skipping \ntax; transfer tax. See DIRECT SKIP; GENERATION\nSKIPPING TRANSFER; generation-skipping trust under \nTRUST; TAXABLE DISTRIBUTION. [Cases: Internal \nRevenue C:='4220-4228.] \ngift tax. (1925) A tax imposed when property is volun\ntarily and gratuitously transterred . Under federal \nlaw, the gift tax is imposed on the donor, but some \nstates tax the donee. [Cases: Internal Revenue C==> \n4200; Taxation ~3381.1 \ngraduated tax. l. A tax employing a rate schedule with \nhigher marginal rates for larger taxable bases (income, \nproperty, transfer, etc.) 2. See progressive tax. \ngross-income tax. (1916) A tax on gross income, \npossibly after the deduction for costs of goods sold, \nrather than on net profits; an income tax without \nallowance for expenses or deductions. See gross \nincome under INCOME. [Cases: Internal Revenue C==> \n3110; Taxation ~3447.] \ngross-receipts tax. A tax on a business's gross receipts, \nwithout a deduction for costs ofgoods sold, or allow\nance for expenses or deductions. See GROSS RECEIPTS. \n[Cases: Taxation C:='3604.] \nhead tax. 1. See poll tax. 2. HEAD MONEY (3). \nhidden tax. (1935) A tax that is paid, often unknow\ningly, by someone other than the person or entity on \nwhom it is levied; esp., a tax imposed on a manu\nfacturer or seller (such as a gasoline producer) who \npasses it on to consumers in the form ofhigher sales \nprices. \nhighway tax. A tax raised to pay for the construc\ntion, repair, and maintenance of highways. [Cases: \nHighways ~123.] \nholding-company tax. A federal tax imposed on undis\ntributed personal-holding-company income after \nallOWing deductions for such things as dividends \npaid. IRC (26 USCA)  545. -Also termed personal\nholding-company tax. [Cases: Internal Revenue \n3850.1-3858.] \n\nillegal tax. 1. A tax that violates the law, esp. the con\nstitution. For an example, see poll tax. 2. See erro\nneous tax. \nincome tax. (18c) A tax on an individual's or entity's \nnet income . The federal income tax -set forth in \nthe Internal Revenue Code is the federal govern\nment's primary source of revenue, and most states \nalso have income taxes. Cf. property tax; EXCISE. \n[Cases: Internal Revenue C='3065-4122; Taxation \n(;::::>3401.] \nindirect tax. (18c) A tax on a right or privilege, such as \nan occupation tax or franchise tax . An indirect tax \nis often presumed to be partly or wholly passed on \nfrom the nominal taxpayer to another person. [Cases: \nLicenses \ninheritance tax. (I8c) 1. A tax imposed on a person who \ninherits property from another (unlike an estate tax, \nwhich is imposed on the decedent's estate) . 1here \nis no federal inheritance tax, but some states have an \ninheritance tax (though it is creditable or deductible \nunder the federal estate tax). Also termed succes\nsion tax; death tax. Cf. estate tax. [Cases: Taxation \nG::::3301.] 2. Loosely, an estate tax. \nin lieu tax. A tax imposed as a substitute for another. \n[Cases: Taxation ('::)2295.] \nintangible tax. A state tax imposed on the privilege \nof owning, transferring, deviSing, or otherwise \ndealing with intangible property. [Cases: Taxation \n(;::::>2061.] \ninterest-equalization tax. A tax imposed on a U.S. citi\nzen's acquisition of stock issued by a foreign issuer \nor a debt obligation of a foreign obligor, but only if \nthe obligation did not mature within a year.  'Ibis \ntax was repealed in the mid-1970s. IRC (26 USCA) \n 4911. \nkiddie tax. (l8c) Slang. A federal tax imposed on a \nchild's unearned income (above an exempt amount) \nat the parents' tax rate if the parents' rate is higher \nand if the child is under 18 years old. -Also termed \nchild's income tax. \nland tax. See property tax. \nlegacy tax. A tax on a legacy, often with the provision \nthat the rate increases as the relationship ofthe legatee \nbecomes more remote from the testator . In English \nlaw, this tax was known as a legacy duty; it was abol\nished in 1949. Cf. collateral-inheritance tax. [Cases: \nTaxation (;::::>3301.] \nluxury tax. (1925) An excise tax imposed on high\npriced items that are not deemed necessities (such as \ncars costing more than a specified amount). Cf. sin \ntax. [Cases: Taxation (;::::>3602.] \nminimum tax. See alternative minimum tax. \nnanny tax. (1993) Slang. A federal social-security tax \nimposed on the employer of a domestic employee if \nthe employer pays that employee more than a spec\nified amount in total wages in a year. The term, \nwhich is not a technical legal phrase, was popularized in the mid-1990s, when several ofPresident Clinton's \nnominees were found not to have paid the social\nsecurity tax for their nannies. \noccupation tax. (1879) An excise tax imposed for the \nprivilege of carrying on a business, trade, or profes\nsion. For example, many states require lawyers to \npay an occupation tax. Also termed occupational \ntax. [Cases: Licenses (;::::, 1.] \npayroll tax. (1936) 1. A tax payable by an employer \nbased on its payroll (such as a SOcial-security tax or \nan unemployment tax). [Cases: Internal Revenue \nC~)4849; Taxation ('::::::3560.] 2. A tax collected by \nan employer from its employees' gross pay (such as \nan income tax or a social-security tax). See withhold\ning tax. \nper capita tax. See poll tax. \npersonal-holding-company tax. See holding-company \ntax. \npersonal-property tax. (1863) A tax on personal \nproperty (such as jewelry or household furniture) \nlevied by a state or local government. [Cases: Taxation \n<:-'-:>2176.] \npickup tax. Slang. A state death tax levied in an amount \nequal to the federal death-tax credit. Also termed \nsponge tax; slack tax. [Cases: Taxation ('::::::>3301.] \npoll tax. (l7c) A fixed tax levied on each person within \na jurisdiction . The 24th Amendment prohibits the \nfederal and state governments from imposing poll \ntaxes as a condition for voting. Also termed per \ncapita tax; capitation tax; capitation; head tax. [Cases: \nElections (;::::>83; Taxation (;::::>2050.] \npremium tax. A state tax paid by an insurer on \npremiums paid by the insured. [Cases: Taxation \n2243.] \nprivilege tax. A tax on the privilege of carrying on a \nbusiness or occupation for which a license or fran\nchise is required. [Cases: Licenses \nprogressive tax. (1886) 1. A tax structured so that the \neffective tax rate increases more than proportion\nately as the tax base increases, or so that an exemp\ntion remains flat or diminishes . With this type of \ntax, the percentage ofincome paid in taxes increases \nas the taxpayer's income increases. Most income taxes \nare progressive, so that higher incomes are taxed at \na higher rate. But a tax can be progressive without \nusing graduated rates. Also termed graduated tax. \nCf. regressive tax;jlat tax. Internal Revenue \nC~3545-3552; Taxation 2. See graduated \ntax. \nproperty tax. (1808) A tax levied on the owner of \nproperty (esp. real property), usu. based on the \nproperty's value . Local governments often impose \nproperty taxes to finance school districts, municipal \nprojects, and the like. Also termed (specif.) land \ntax. Cf. income tax; EXCISE. [Cases: Taxation \n2170-2216.] \nproportional tax. Seeflat tax. \n\nregressive tax. (1893) A tax structured so that the effec\ntive tax rate decreases as the tax base increases . \nWith this type oftax, the percentage of income paid \nin taxes decreases as the taxpayer's income increases. \nA flat tax (such as the typical sales tax) is usu. consid\nered regressive -despite its constant rate because \nit is more burdensome for low-income taxpayers than \nhigh-income taxpayers. A growing exemption also \nproduces a regressive tax effect. C[ progressive tax; \nflat tax. [Cases: Internal Revenue (;:::::>3545-3552; \nTaxation (;:::::>3526.] \nrepressive tax. See sin tax. \nsales tax. (1921) A tax imposed on the sale of goods \nand services, usu. measured as a percentage of their \nprice. -Also termed retail sales tax. See flat tax. \n[Cases: Taxation (;:::::>3602.] \n''While the term 'sales tax' encompasses a large variety of \nlevies. the term often refers to the 'retail sales tax,' where \nthe tax is separately stated and collected on a transaction\nby-transaction basis from the consumer; although the \neconomic burden of the sales tax falls upon the consumer, \nthe seller has the statutory duty to collect the tax for the \ntaxing jurisdiction.\" 68 Am. Jur. 2d Sales and Use Tax  1, \nat 11 (1993). \nself-employment tax. The Social-Security and Medicare \ntax imposed on the net earnings of a self-employed \nperson. [Cases: Internal Revenue (;:::::>4381.] \nservice-occupation tax. A tax imposed on persons who \nsell services, usu. computed as a percentage of net cost \nofthe tangible personal property (e.g., materials and \ngoods) transferred as an incident to the sale. [Cases: \nLicenses C= 1; Taxation (;::::::>3658.] \nseverance tax. A tax imposed on the value of oil, gas, \ntimber, or other natural resources extracted from \nthe earth. [Cases: Logs and Logging Mines \nand Minerals (;::::::>87.] \nSinking-fund tax. A tax to be applied to the repayment \nof a public loan. \nsin tax. (I97l) An excise tax imposed on goods or activ\nities that are considered harmful or immoral (such \nas cigarettes, liquor, or gambling). -Also termed \nrepreSSive tax. Cf. luxury tax. \nslack tax. See pickup tax. \nspecial tax. (ISc) 1. A tax levied for a unique purpose. \n2. A tax (such as an inheritance tax) that is levied in \naddition to a general tax. [Cases: Taxation \nspecific tax. (ISc) A tax imposed as a fixed sum on each \narticle or item of property of a given class or kind \nwithout regard to its value. \nsponge tax. See pickup tax. \nstamp tax. (ISc) A tax imposed by requiring the \npurchase of a revenue stamp that must be affixed to \na legal document (such as a deed or note) before the \ndocument can be recorded. Also termed documen\ntary-stamp transfer tax. [Cases: Internal"}
{"text": "or note) before the \ndocument can be recorded. Also termed documen\ntary-stamp transfer tax. [Cases: Internal Revenue \n4390-4409.J \nstate tax. (18c) 1. A tax usu. in the form ofa sales or \nincome tax -earmarked for state, rather than federal or municipal, purposes. [Cases: Taxation (;:::::>2001.] \n2. A tax levied under a state law. \nstock-transfer tax. A tax levied by the federal govern\nment and by some states on the transfer or sale of \nshares of stock. -Often shortened to transfer tax. \n[Cases: Internal Revenue (;:::::>4404; Taxation \n2218.] \n\"Some state statutes impose special taxes, usually in the \nform of a stamp tax, upon sales and agreements for sale \nand other transfers of stock in corporations. Such a tax \nis in the nature of an excise tax on the transfer. Taxes on \nthe issuance and transfer of corporate stock, commonly \nknown as 'stock transfer taxes' and payable by means of \nstamps, are constitutional, as within the power of state \ngovernments.\" 71 Am. Jur. 2d State and Local Taxation \n 643, at 896 (1973). \nstopgap tax. A tax, usu. temporary, levied during the \nterm of a budget to cover an unexpected deficit. \nAlso termed additional tax. \nsuccession tax. See inheritance tax (1). \nsurtax. (1881) An additional tax imposed on some\nthing being taxed or on the primary tax itself. [Cases: \nTaxation (;:::::>3527.] \ntonnage tax. See tonnage duty under DUTY (4). \ntransfer tax. (1890) 1. A tax imposed on the transfer \nof property, esp. by will, inheritance, or gift. [Cases: \nInternal Revenue (;::::::>4220-4228; Taxation (;:::::>22l8, \n3301, 3381.] 2. See stock-transfer tax. 3. See genera\ntion-skipping transfer tax. \nundistributed-earnings tax. See accumulated-earnings \ntax. \nunemployment tax. (1937) A tax imposed on an \nemployer by state or federal law to cover the cost \nof unemployment insurance . The Federal Unem\nployment Tax Act (FUTA) provides for a tax based \non a percentage of employee earnings but allows a \ncredit for amounts paid in state unemployment taxes. \n[Cases: Internal Revenue (;:::::>4305.] \nunified transfer tax. The federal transfer tax imposed \nequally on property transferred during life or at death. \n_ Until 1977, gift-tax rates were lower than estate \ntaxes. -Also termed unified estate-and-gift tax. \nunitary tax. A tax of income earned locally by a \nbusiness that transacts business through an affiliated \ncompany outside the state or country. See UNITARY \nBUSINESS. [Cases: Taxation C=3477.] \nunrelated-business-income tax. (1962) A tax levied on \na not-for-profit organization's taxable income, such \nas advertiSing revenue from a publication. [Cases: \nInternal Revenue (;:::::>4068; Taxation (;:::::>3488.] \nuse tax. A tax imposed on the use of certain goods \nthat are bought outside the taxing authority's juris\ndiction. -Use taxes are deSigned to discourage the \npurchase ofproducts that are not subject to the sales \ntax. [Cases: Taxation (;::::::>3603.] \nvalue-added tax. (1935) A tax assessed at each step in \nthe production of a commodity, based on the value \nadded at each step by the difFerence between the \n\ncommodity's production cost and its selling price. \n A value-added tax -which is levied in several \nEuropean countries effectively acts as a sales tax \non the ultimate consumer. -Abbr. VAT. [Cases: \nTaxation C=;3602.] \nwindfall-profits tax. (1973) A tax imposed on a business \nor industry as a result ofa sudden increase in profits. \n An example is the tax imposed on oil companies in \n1980 for profits resulting from the Arab oil embargo \nof the 19705. [Cases: Internal Revenue C=>4338.] \nwindow tax. Hist. English law. A tax imposed on a house \ncontaining a certain number of windows (uau. more \nthan six). Itwas established under the Taxation Act \nof 1695 and replaced with a tax on inhabited houses \nestablished under the House Tax of 1851. See HODSE\nDUTY. \nwithholding tax. (1927) A portion of income tax \nthat is subtracted from salary, wages, dividends, or \nother income before the earner receives payment.  \nThe most common example is the income tax and \nSOcial-security tax withheld by an employer from an \nemployee's pay. [Cases: Internal Revenue ~'='4849; \nTaxation C=> 3560.] \ntaxable, adj. (16c) 1. Subject to taxation <interest earned \non a checking account is taxable income>. [Cases: \nInternal Revenue 10: Taxation e:-::3446-3477.] \n2. (Oflegal costs or fees) assessable <expert-witness fees \nare not taxable court costs>. [Cases: Costs C:=-146-194; \nFederal Civil Procedure C=>2742.] \ntaxable cost. See COST (3). \ntaxable distribution. (1927) A generation-skipping \ntransfer from a trust to the beneficiary (Le., the skip \nperson) that is neither a direct skip nor a taxable ter\nmination. See GENERATION-SKIPPING TRANSFER; \ngeneration-skipping tramfer tax under TAX; genera\ntion-skipping trust under TRUST; SKIP PERSON. [Cases: \nInternal Revenue C:::04224.j \ntaxable estate. See ESTATE (3). \ntaxable gift. See GIFT. \ntaxable income. See INCOME. \ntaxable termination. (1988) A taxable event that occurs \nwhen (1) an interest in a generation-skipping trust \nproperty terminates (as on the death ofa skip person's \nparent who possessed the interest), (2) no interest in the \ntrust is held by a nonskip person, and (3) a distribution \nmay be made to a skip person . Before the creation \nof taxable terminations in 1976, a taxpayer could \ncreate a trust that paid income to a child for life, then \nto that child's child for lite, and so on without incur\nring an estate or gift tax liability at the death of each \ngeneration's beneficiary. See GENERATION-SKIPPING \nTRANSFER; generation-skipping transfer tax under TAX; \ngeneration-skipping trust under TRUST; SKIP PERSON. \n[Cases: Internal Revenue C=>4224.J \ntaxable year. See tax year under YEAR. \ntax accounting. lhe accounting rules and methods used \nin determining a taxpayer's liability. tax-anticipation bill. A short-term obligation issued by \nthe U.S. Treasury to meet the cash-flow needs of the \ngovernment . Corporations can tender these bills at \npar value to make quarterly tax payments. Abbr. \nTAB. \ntax-anticipation note. See NOTE (1). \ntax-anticipation warrant. See WARRANT (2). \ntax-apportionment clause. A testamentary provision \ndirecting how inheritance and estate taxes should be \npaid. [Cases: Internal Revenue C=>4824; Taxation \n3346.] \ntax assessment. See ASSESSMENT (3). \ntax assessor. See ASSESSOR (1). \ntaxation. (14c) 1. Ihe imposition or assessment of a \ntax; the means by which the state obtains the revenue \nrequired for its activities. [Cases: Internal Revenue C=> \n300l-3007; Taxation C;;;-2001.] \ndouble taxation. (18c) 1. The imposition of two taxes \non the same property during the same period and \nfor the same taxing purpose. [Cases: Taxation \n2150-2156,3435.] 2. The imposition of two taxes on \none corporate profit; esp., the structure of taxation \nemployed by Subchapter C of the Internal Revenue \nCode, under which corporate profits are taxed twice, \nonce to the corporation when earned and once to the \nshareholders when the earnings are distributed as \ndividends. 3. Int'llaw. The imposition ofcomparable \ntaxes in two or more states on the same taxpayer for \nthe same subject matter or identical goods. -Also \ntermed duplicate taxation. \nduplicate taxation. See double taxation. \nequal and uniform taxation. A tax system in which \nno person or class of persons in the taxing district \nwhether it be a state, city, or county is taxed at \na different rate from others in the same district on \nthe same value or thing. [Cases: Taxation C=>2134, \n3428,3627.] \npass-through taxation. (1998) The taxation of an \nentity's owners for the entity's income without taxing \nthe entity itself . Partnerships and S corporations \nare taxed under this method. So are limited liability \ncompanies and limited liability partnerships unless \nthey elect to be taxed as corporations by \"checking \nthe box\" on their income tax returns. the election is \nmade on Form 8832 (Entity Classification Election). \nSee Treas. Reg.  301.7701-(3)(b)(1). -Also termed \nconduit taxation. [Cases: Internal Revenue C=>3896, \n3920-3924.] \n2. TAXATION OF COSTS. \ntaxation ofcosts. The process offixing the amount of \nlitigation-related expenses that a prevailing party is \nentitled to be awarded. -Sometimes shortened to \ntaxation. [Cases: Costs C=> 195; Federal Civil Proce\ndure C=>2742.l.J \ntax audit. See Al:DIT. \n\ntax avoidance. (1927) The act of taking advantage of \nlegally available tax-planning opportunities in order \nto minimize one's tax liability. Cf. TAX EVASION. [Cases: \nInternal Revenue ~3056-3058; Taxation ~2220.1 \ntax base. The total property, income, or wealth subject to \ntaxation in a given jurisdiction; the aggregate value of \nthe property being taxed by a particular tax. Cf. BASIS \n(2). \ntax basis. See BASIS (2). \ntax-benefit doctrine. See TAX-BENEFIT RULE. \ntax-benefit rule. (1942) The principle that if a taxpayer \nrecovers a loss or expense that was deducted in a \nprevious year, the recovery must be included in the \ncurrent year's gross income to the extent that it was pre\nviously deducted. -Also termed tax-benefit doctrine. \n[Cases: Internal Revenue~3089, 3138.] \ntax bracket. (1923) A categorized level ofincome subject \nto a particular tax rate under federal or state law <28% \ntax bracket>. [Cases: Internal Revenue ~3545-3552; \nTaxation ~3525-3529.] \ntax certificate. An instrument issued to the buyer of \nproperty at a tax sale, certifying the sale and entitling \nthe buyer to a tax deed and possession of the property \nupon the expiration of the redemption period. -Ifthe \nproperty is redeemed, the tax certificate is voided. See \nREDEMPTION PERIOD; tax sale under SALE. Cf. tax deed \nunder DEED. [Cases: Taxation ~2986, 3064.] \ntax court. (1841) 1. TAX COURT, U.S. 2. In some states, a \ncourt that hears appeals in nonfederal tax cases and \ncan modify or change any valuation, assessment, clas\nsification, tax, or final order that is appealed. [Cases: \nTaxation ~2691, 3548, 3695.] \nTax Court, U.S. A federal court that hears appeals by \ntaxpayers from adverse IRS decisions about tax defi\nciencies. _ The Tax Court was created in 1942, replac\ning the Board of Tax Appeals. -Abbr. TC. [Cases: \nInternal Revenue ~4645-4655.] \ntax credit. (1946) An amount subtracted directly from \none's total tax liability, dollar for dollar, as opposed to \na deduction from gross income. - Often shortened to \ncredit. ct DEDUCTION (2). [Cases: Internal Revenue~ \n3520-3537; Taxation (;;)3517.] \nchild-and dependent-care tax credit. (2001) A tax \ncredit available to a person who is employed full-time \nand who maintains a household for a dependent child \nor a disabled spouse or dependent. [Cases: Internal \nRevenue ~3520, 3534; Taxation ~3517.1 \nearned-income credit. (1927) A refundable federal tax \ncredit on the earned income of a low-income worker \nwith dependent children. _ The credit is paid to the \ntaxpayer even if it exceeds the total tax liability. See \nIRC (26 USCA)  32. -Abbr. Ere. [Cases: Internal \nRevenue ~3532.] \nforeign tax credit. (I928) A tax credit against U.S. \nincome taxes for a taxpayer who earns income \noverseas and has paid foreign taxes on that income. See FOREIGN-EARNED-INCOME EXCLUSION. [Cases: \nInternal Revenue ~4098.] \n\"Since direct foreign investments and business operations \nof United States persons often attract foreign income taxes \nalong with the baseline U.S. tax, the specter of double \ntaxation is bound to haunt the pursuit of foreign income. \nThe principal accommodation of the U.S. tax system to \nthe possibility of source-based taxation by other countries \nis the foreign tax credit. From a simple idea a dollar\nfor-dollar reduction of U.S. tax for income taxes paid to \nforeign countries the foreign tax credit has evolved into \nan elaborate statutory structure capable of"}
{"text": "S. tax for income taxes paid to \nforeign countries the foreign tax credit has evolved into \nan elaborate statutory structure capable of engulfing an \nentire professional career.\" Joseph Isenbergh, International \nTaxation 14 (2000). \ninvestment tax credit. (1965) A tax credit intended to \nstimulate business investment in capital goods by \nallowing a percentage of the purchase price as a credit \nagainst the taxpayer's income taxes. -The Tax Reform \nAct of 1986 generally repealed this credit retroactively \nfor most property placed in service after January 1, \n1986. -Abbr. ITe. [Cases: Internal Revenue (;:=> \n3523; Taxation ~3517.1 \nunified credit. See unified estate-and-giJt tax credit. \nunified estate-and-gift tax credit. (1988) A tax credit \napplied against the federal unified transfer tax. IRC \n(26 USCA)  2001(c)(2). -Often shortened to unified \ncredit. Also termed applicable exclusion credit. \n[Cases: Internal Revenue ~4182.30.1 \ntax deduction. See DEDUCTION (2). \ntax deed. See DEED. \ntax-deferred, adj. (1948) Not taxable until a future date \nor event <a tax-deferred retirement plan>. [Cases: \nInternal Revenue ~3575-3615.] \ntax-deferred account. See ACCOUNT. \ntax-deferred annuity. See 403(b) plan under EMPLOYEE \nBENEFIT PLAN. \ntax deficiency. See DEFICIENCY (2). \ntax-deficiency notice. See NLNETY-DAY LETTER. \ntax denier. See TAX PROTESTER. \ntax evasion. (1922) Ihe willful attempt to defeat or cir\ncumvent the tax law in order to illegally reduce one's \ntax liability. -Tax evasion is punishable by both civil \nand criminal penalties. -Also termed tax fraud. Cf. \nTAX AVOIDANCE. [Cases: Internal Revenue ~5263; \nTaxation ~3232, 3563, 3712.] \ntax:-exernpt, adj. (1923) 1. By law not subject to taxation \n<a tax-exempt charity>. [Cases: Internal Revenue \n4045-4071; Taxation (;:=2309-2356, 3518, 3664.] 2. \nBearing interest that is free from income tax <tax\nexempt municipal bonds>. Also termed tax-free. \ntax-exempt bond. See BOND (3). \ntax ferret. A private person engaged in the business of \nsearching for taxable property that has somehow not \nbeen taxed. [Cases: Internal Revenue <::='4442.] \ntax foreclosure. See FORECLOSURE. \ntax fraud. See TAX EVASION. \ntax-free, adj. See TAX-EXEMPT. \n\n1600 tax-free exchange \ntax-free exchange. (1927) A transfer of property for \nwhich the tax law specifically defers (or possibly \nexempts) income-tax consequences. -For example, a \ntransfer ofproperty to a controlled corporation under \nIRC (26 USCA)  351(a) and a like-kind exchange under \nIRC (26 USCA)  1031(a). Also termed 1031 exchange. \nCf. 1031 EXCHANGE. [Cases: Internal Revenue ~3184; \nTaxation (~3466.] \ntax haven. (l8c) A jurisdiction, esp. a country, that \nimposes little or no tax on the profits from transactions \ncarried on there or on persons resident there. \n\"Among the reasons for this complexity [in international \ntaxation] is the elusive nature of tax havens. A tax haven is \nnot always immediately obvious. What makes a particular \nenvironment a tax haven is not invariably a low rate of \ntax, but relations with other tax regimes that permit the \nultimate deflection of income to a lowtax environment \nwith which the income may have little indigenous connec \ntion.\" Joseph Isenbergh, International Taxation 16 (2000). \ntaxhome. (18c) A taxpayer's principal business location, \npost, or station. _ Travel expenses are tax-deductible \nonly if the taxpayer is traveling away from home. \n[Cases: Internal Revenue ~3343.] \ntax-identification number. A nine-digit tracking \nnumber assigned by the Internal Revenue Service \nto the tax accounts of businesses and also to entities \nor individuals who are required to file business tax \nreturns. -Abbr. TIN. Often shortened to tax i.d. \nAlso termed employer-identification number (EIN);fed\neral-employer-identification number (FEIN). \ntax incentive. (l8c) A governmental enticement, through \na tax benefit, to engage in a particular activity, such as \nthe contribution of money or property to a qualified \ncharity. \ntax-increment financing. A technique used by a munici\npality to finance commercial developments usu. involv\ning issuing bonds to finance land acquisition and other \nup-front costs, and then using the additional property \ntaxes generated from the new development to service \nthe debt. Abbr. TIP. [Cases: Municipal Corporations \n(;=953.] \ntaxing district. See DISTRICT. \ntaxing power. See POWER (3). \ntax injunction act. A federal law prohibiting a federal \ncourt from interfering with the assessment or collec\ntion of any state tax where the state affords a plain, \nspeedy, and efficient remedy in its own courts. 28 USCA \n 1341. [Cases: Federal Courts ~27.] \ntax law. (l8c) 1. INTERNAL REVENUE CODE. 2. The statu\ntory, regulatory, constitutional, and common -law rules \nthat constitute the law applicable to taxation. 3. The \narea oflegal study dealing with taxation. \ntax lease. See LEASE. \ntax levy. See LEVY (1). \ntax liability. (1932) The amount that a taxpayer legally \nowes after calculating the applicable tax; the amount \nof unpaid taxes. \ntax lien. See LIEN. tax list. An official schedule listing the taxable items \nwithin a jurisdiction; ROLL (2). \ntax loophole. See LOOPHOLE. \ntax-loss carryback. See CARRYBACK. \ntax-loss carryforward. See CARRYOVER. \ntax-loss carryover. See CARRYOVER. \ntax negligence. See NEGLIGENCE. \ntax-option corporation. See S corporation under COR\nPORATION. \ntaxpayer. One who pays or is subject to a tax. Cf. TAX \nPROTESTER. [Cases: Internal Revenue ('':::)3560; \nTaxation 3480-3495.J \ntaxpayers' bill of rights. (1988) Federal legislation \ngranting taxpayers specific rights when dealing with \nthe Internal Revenue Service, such as the right to have \nrepresentation and the right to receive written notice \nof a levy 30 days before enforcement. \ntaxpayers' lists. Written exhibits required of taxpayers \nin some taxing districts, listing all property owned by \nthem and subject to taxation, used as a basis for assess\nment and valuation. Cf. ROLL (2). [Cases: Taxation \n2462, 2493.] \ntaxpayer-standing doctrine. (1977) Constitutional law. \nThe principle that a taxpayer has no standing to sue the \ngovernment for allegedly misspending the public's tax \nmoney unless the taxpayer can demonstrate a personal \nstake and show some direct injury. [Cases: Constitu\ntional Law ~683;Municipal Corporations \ntax-preference items. (1971) Certain items that, even \nthough lawfully deducted in arriving at taxable income \nfor regular tax purposes, must be considered in cal\nculating a taxpayer's alternative minimum tax. See \nalternative minimum tax under TAX. [Cases: Internal \nRevenue (';:~)3550.] \ntax protest. A taxpayer's formal, usu. written, state\nment that he or she does not acknowledge a legal or \njust basis for the tax or a duty to pay it. _ The purpose \nof the protest is to make clear that any payment is \nmade \"under protest\" and to avoid waiving the right to \nrecover the money paid ifthe tax is later invalidated. \ntax protester. 1. One who files a tax protest. 2. A person \nwho opposes tax laws and seeks or employs ways, often \nillegal, to avoid the laws' effects; esp., a person who \nrefuses to pay a tax on grounds that the government has \nno authority to levy the tax. -Sometimes spelled tax \nprotestor. Also termed tax denier. Cf. TAXPAYER. \nillegal tax protester. Hist. The name once used by \nthe IRS to deSignate a person believed to have used \nillegal means to avoid or reduce tax liability. -In the \nInternal Revenue Service Restructuring and Reform \nAct of 1998, Congress forbade the IRS to continue \nusing the labeL Today the term nonfiler is typically \nused instead. \ntax-protest scheme. A plan deSigned to avoid or express \ndissatisfaction with tax laws, usu. by unlawful means. \nThe most common schemes involve illegally evading or \n\n1601 \nreducing tax liabilities, or interfering with the admin\nistration of the tax laws. \ntax rate. (1876) A mathematical figure for calculating \na tax, usu. expressed as a percentage. [Cases: Internal \nRevenue (>:;3545-3552; Taxation (;::;3525-3529, 3672, \n3673.] \naverage tax rate. (1895) A taxpayer's tax liability \ndivided by the amount of taxable income. Also \ncalled effective tax rate. \nmarginal tax rate. (1939) In a tax scheme, the rate \napplicable to the last dollar of income earned by the \ntaxpayer.  This concept is useful in calculating the \ntax effect of receiving additional income or claiming \nadditional deductions. See TAX BRACKET. \ntax-rate schedule. (1951) A schedule used to determine \nthe tax on a given level oftaxable income and based on \na taxpayer's status (for example, married filing a joint \nincome-tax return). Also termed tax table. [Cases: \nInternal Revenue (>:;3545-3552; Taxation (;::; 3525\n3529.] \ntax rebate. See TAX REFUND. \ntax redemption. See REDEMPTION. \ntax refund. Money that a taxpayer overpaid and is thus \nreturned by the taxing authority. -Also termed tax \nrebate. [Cases: Internal Revenue (;::-)4950; Taxation C=> \n2773,3555,3699.] \ntax return. (1870) An income-tax form on which a \nperson or entity reports income, deductions, and \nexemptions, and on which tax liability is calculated. \nOften shortened to return. -Also termed income-tax \nreturn. [Cases: Internal Revenue (;::;:)4470; Taxation \n(;::::' 3539, 3688.] \namended return. (1861) A return filed after the original \nreturn, usu. to correct an error in the original. \n[Cases: Internal Revenue (>;/4479; Taxation \n3539,3688.] \nconsolidated return. A return that reflects combined \nfinancial information for a group of affiliated cor\nporations. [Cases: Internal Revenue (;::::'3865-3880; \nTaxation (>~~3541.] \nfalse return. See FALSE RETURN (2). \ninformation return. (1920) A return, such as a W-2, \nfiled by an entity to report some economic informa\ntion related to, but other than, tax liability. \njoint return. (1930) A return filed together by spouses. \n A joint return can be filed even if only one spouse \nhad income, but each spouse is usu. individually liable \nfor the tax payment. [Cases: Internal Revenue (;::::' \n4481; Taxation (;::::' 3540.] \nseparate return. (1913) A return filed by each spouse \nseparately, showing income and liability. Unlike \nwith a joint return, each spouse is individually liable \nonly for taxes due on the separate return. [Cases: \nInternal Revenue Cc:~'4481; Taxation (;::::'3540.J \ntax-return privilege. See PRIVILEGE (3). \ntax roll. See ROLL (2). teach \ntax sale. See SALE. \ntax shelter, n. (1952) A financial operation or investment \nstrategy (such as a partnership or real-estate invest\nment trust) that is created primarily for the purpose of \nreducing or deferring income-tax payments. _ The Tax \nReform Act of 1986 -by restricting the deductibility \nof passive losses -sharply limited the effectiveness \nof tax shelters. Often shortened to shelter. tax\nsheltered, adj. \ntax-sheltered annuity. See 403(b) plan under EMPLOYEE \nBENEFIT PLAN. \ntax situs (SI-t<lS). A state or other jurisdiction that has a \nsubstantial connection with assets that are subject to \ntaxation. [Cases: Taxation (;::::'2211.] \ntax-straddle rule. A rule preventing undue deferral of \ntax on income or conversion of ordinary income or \nshort-term capital gain into long-term capital gain \nby disallowing the premature deduction of a loss on \nsale or disposition of one leg of a straddle position \nwhile retaining the other, offsetting leg or position. _ \nFor example, in a straddle position a promise to sell \nmay be offset by a promise to buy, such as in a futures \ncontract. This practice has been greatly restricted by \nthe requirement that gains and losses on commodities \ntransactions must be reported based on their value at \nyear end. IRC (26 USCA)  165(c)(2). See STRADDLE. \n[Cases: Internal Revenue C-'='3397.] \ntax table. See TAX-RATE SCHEDULE. \ntax title. See TITLE (2). \ntax warrant. See WARRANT (1). \ntax write-off. (1955)"}
{"text": "ITLE (2). \ntax warrant. See WARRANT (1). \ntax write-off. (1955) A deduction of depreciation, loss, or \nexpense from taxable income. [Cases: Internal Revenue \n(;::::'3310-3442,3470-3505; Taxation <r'-:::)3501-3516.] \ntax year. See YEAR. \nTBe. abbr. Trial before the court. See bench trial under \nTRIAL. \nT-biIl. abbr. TREASURY BILL. \nT-bond. abbr. TREASURY BOND. \nT.e. abbr. See TAX COURT, u.s. \nT.C.M. See T.C. MEMO. \nT.e. memo. abbr. A memorandum decision of the U.S. \nTax Court. Also abbreviated T.C.M. \nTDA. abbr. UNITED STATES TRADE AND DEVELOPMENT \nAGENCY. \nteach, vb. Patents. 1. (Of a patent specification) to \ninstruct (a person of ordinary skill in the art how to \nmake and use an invention). [Cases: Patents 2. \n(Of a prior-art reference) to anticipate (the invention \nbeing examined) by discussing, describing, or analyz\ning the invention's essential elements or technology. \n In this sense, prior art that discourages an inventor \nfrom pursuing an invention \"teaches away from\" that \ninvention. A teaching raises a statutory bar to an inven\ntion's patentability. [Cases: Patents (>::-'65.] \n\nteamwork. (1828) Work done by a team; esp., work by a \nteam ofanimals as a substantial part ofone's business, \nsuch as farming, express carrying, freight hauling, or \ntransporting material.  In some jurisdictions, animals \n(such as horses) that work in teams are exempt from \nexecution 011 a civil judgment. \ntear-me-open license. See shrink-wrap license under \nLICENSE. \nTEAS. abbr. TRADEMARK ELECTRONIC APPLICATION \nSYSTEM. \nTEe. abbr. Tariff exterior commun. See common external \ntarijfunder TARIFF (2). \nTECA (tee-k<l). abbr. TEMPORARY EMERGENCY COURT \nOF APPEALS. \ntechnical adjustment. A brief change in the general \nupward or downward trend of stock-market prices, \nsuch as a short rally during a bear market. \nTechnical Advice Memorandum. (1967) A publica\ntion issued by the national office of the IRS, usu. at a \ntaxpayer's request, to explain some complex or novel \ntax-law issue. -Abbr. TAM. [Cases: Internal Revenue \n~.\"J'Y''''. 3051.] \ntechnical conversion. See CONVERSION (2). \ntechnical error. See harmless error under ERROR (2). \ntechnical estoppel. See ESTOPPEL. \ntechnical mark. See technical trademark under TRADE\nMARK. \ntechnical mortgage. See MORTGAGE. \ntechnical trademark. See TRADEMARK. \ntechnical trust. See passive trust under TRUST. \nTechnology Administration. A unit in the U.S. \nDepartment of Commerce responsible for working \nwith industry on ways to use technology to stimulate \neconomic growth . The agency also carries out tech\nnology programs and disseminates information about \ntechnology. It has three offices: the Office ofTechnol\nogy Policy (OTP), the National Institute of Standards \nand Technology (NIST), and the National Technical \nInformation Service (NTIS). It was established in 1988. \n15 USCA  3704. \ntechnology transfer. 1. lhe sale or licenSing ofintellec\ntual property. 2. The field involving the sale and licens\ning ofintellectual property . Many major universities \nhave an office of technology transfer to control the \nuniversity's intellectual property and generate income \nfrom it. [Cases: Copyrights and Intellectual Property \n107.] \nteen court. See COURT. \nteind (tcend). Scots law. (usu. pl.) A tithe. teind, vb. \nteindable, adj. \nTeind Court. Scots law. A court that adjudicates ques\ntions relating to teinds, esp. increases in the stipends of \nparish ministers . It includes one ofthe judges of the \nCourt ofSession, sitting as Commissioner ofTeinds. \nAlso termed Court ofTeinds. telccopier. See FAX (2). \nteleological interpretation. See purposive construction \nunder CONSTRUCTION. \ntelescam. A fraud committed by using telemarketing to \ninduce the victim to disclose sensitive personal infor\nmation or send money to the perpetrator. Cf. BOILER\nROOM TRANSACTION; PHISHING. \nteller. 1. A bank clerk who deals directly with customers \nby receiving and paying out money. 2. Parliamentary \nlaw. A member ofa tellers committee; esp., a vote-coun\nter at an election. See tellers committee under COMMIT\nTEE. [Cases: Elections C-:;:, 126(3), 209.J \nTeller in Parliament. One ofthe members ofthe British \nHouse of Commons -two from government and two \nfrom the opposition appointed by the Speaker to \ncount votes. \nteller's check. See CHECK. \ntellers committee. See COMMITTEE. \nteller vote. See lobby vote under VOTE (4). \ntemerarium perjurium super assisam (tem-<l-rair-ee-;:Im \np<lr-juur-ee-;:Im s[y]oo-p;:lr <l-SI-z<=Jm). [Law Latin] Hist. \nRash perjury on an assize. The phrase described a \nperverse verdict returned by a jury. \ntemere jurantes super assisam (tem-<l-ree juur-an\nteez s[y]oo-p<lr <l-SI-Z<lm). [Law Latin] Hist. Persons \nswearing rashly upon an assize. See TEMERARIUM PER\nJURIUM SUPER ASSISAM. \ntemere litigare (tem-<=J-ree lit-<l-gair-ee), vb. [Latin] Hist. \nTo litigate rashly. \ntemperance. 1. Habitual moderation regarding the indul\ngence ofthe natural appetites and passions; restrained \nor moderate indulgence (esp. ofalcoholic beverages). \n2. Abstinence. \ntemperate damages. See DAMAGES. \ntempestive (tem-pes-tiv) adj. Scots law. Ofor relating to \nthe proper time; timely; timeous. \ntemplar. A barrister who has chambers in the Temple of \nthe Inns ofCourt. Ihe Middle and Inner Temples are \nso named because they are housed in buildings on land \nthat once belonged to the Knights Templars. \ntemporality. 1. Civil or political power, as distinguished \nfrom ecclesiastical power. 2. (usu. pl.) The secular prop\nerties or revenues of an ecclesiastic. \ntemporal jurisdiction. See JURISDICTION. \ntemporal lord. See LORD. \ntemporary, adj. Lasting for a time only; existing or con\ntinuing for a limited (usu. short) time; transitory. \ntemporary administration. See ADMINISTRATION. \ntemporary alimony. See ALIMONY. \ntemporary allegiance. See ALLEGIANCE. \nTemporary Assistance to Needy Families. A combined \nstate and federal program that provides limited finan\ncial assistance to families in need. 42 USCA  601\n603a. This program replaced Aid to Families with \n\n1603 \nDependent Children. TANF differs from AFDC \nbecause families are limited to no more than five years \nof assistance, and states have more control over eli\ngibility requirements. Abbr. TANF. [Cases: Social \nSecurity and Public Welfare C)194-194.21.} \ntemporary-cessation-of-production doctrine. Oil & \ngas. The rule that an oil-and-gas lease term \"for so long \nthereafter as oil and gas are produced\" will not termi\nnate once production is attained unless the cessation of \nproduction is for an unreasonable length of time. See \nCESSATION-OP-PRODUCTION CLAUSE. [Cases: Mines and \nMinerals <:.>78.1(9).] \ntemporary committee. See special committee under \nCOMMITTEE. \ntemporary damages. See DAMAGES. \ntemporary detention. See pretrial detention under \nDETENTION. \ntemporary disability. See DISABILITY (2). \nTemporary Emergency Court of Appeals. [fist. A \nspecial U.S. court created in 1971 with exclusive \njurisdiction over appeals from federal district courts \nin cases arising under the wage-and-price-control \nprogram ofthe Economic Stabilization Act of 1970. \nThe court consisted of nine district and circuit judges \nappointed by the ChiefJustice. This court was abolished \nin 1992. -Abbr. TECA. Cf. EMERGENCY COURT OF \nAPPEALS. [Cases: Federal Courts (;::::0 1140.] \ntemporary employment. See EMPLOYMENT. \ntemporary executor. See acting executor under \nEXECUTOR. \ntemporary fiduciary. See FIDUCIARY. \ntemporary frustration. See FRUSTRATION. \ntemporary injunction. See preliminary injunction under \nINJUNCTION. \ntemporary injury. See INJURY. \ntemporary insanity. See INSANITY. \ntemporary insider. See INSIDER. \ntemporary judge. See visiting judge under JUDGE. \ntemporary nuisance. See NUISANCE. \ntemporary order. See ORDER (2). \ntemporary perfection. See PERFECTION. \ntemporary restraining order. (I861) 1. A court order \npreserving the status quo until a litigant's applica\ntion for a preliminary or permanent injunction can \nbe heard. _ A temporary restraining order may some\ntimes be granted without notifying the opposing party \nin advance. Cf. emergency protective order under PRO\nTECTIVE ORDER. [Cases: Injunction (;::::0 150.] 2. See ex \nparte injunction under INJUNCTION. -Often shortened \nto restraining order. Abbr. TRO. \ntemporary statute. See STATUTE. \ntemporary taking. See TAKING (2). \ntemporary total disability. See DISABILITY (2). \ntemporary ward. See WARD. tenancy \ntempus (tem-pJs), n. [Latin] Hist. Time; a speCified \nduration. \ntempus continuum (tem-pJs kJn-tin-yoo-Jm), n. \n[l.atin] Hist. Time continuing without interruption; \na continuous period. \ntempus deliberandi (tem-pJs di-lib-J-ran-dI), n. \n[Latin] Rist. The period allowed for deliberation; \nesp., the time during which an heir could consider \nwhether to accept or reject an inheritance. Cf. JUS \nDELIBERANDI. \ntempus lugendi (tem-pJs loo-gen-Dl). n. See LUCTUS. \ntempus semestre (tem-pJs si-mes-trJ), n. [Latin] A \nperiod of 182 days (halfa year). \ntempus utile (tem-p\"'s yoo-t\",-lee), n. [l.atin \"useful \ntime\"] Hist. Time that one can use to exercise his or \nher legal rights; the period within which an action \nor proceeding must be brought. -This is the period \nbefore prescription or limitation cuts off a right. \ntenancy. (16c) 1. The possession or occupancy ofland \nunder a lease; a leasehold interest in real estate. 2. The \nperiod of such possession or occupancy. See ESTATE (1). \n[Cases: Landlord and Tenant (;::::020.]3. The possession \nofreal or personal property by right or title, esp. under \na conveying instrument such as a deed or will. \nat-will tenancy. See tenancy at will. \ncommon tenancy. See tenancy in common. \ncotenancy. (1875) A tenancy with two or more \ncoowners who have unity of possession. -Examples \nare a joint tenancy and tenancy in common. [Cases: \nJoint Tenancy (;::::0 1; Tenancy in Common (;::::0 1.] \nentire tenancy. (l7c) A tenancy possessed by one \nperson, as opposed to a joint or common tenancy. \nSee estate by entirety under ESTATE (1). \ngeneral tenancy. (18c) A tenancy that is not of fixed \nduration under the parties' agreement. [Cases: \nLandlord and Tenant (;::::0 114.] \nholdover tenancy. See tenancy at sufferance. \njoint tenancy. (I7c) A tenancy with two or more \ncoowners who take identical interests simultaneously \nby the same instrument and with the same right of \npossession. _ A joint tenancy differs from a tenancy in \ncommon because each joint tenant has a right ofsur\nvivorship to the other's share (in some states, this right \nmust be clearly expressed in the conveyance -other\nwise, the tenancy will be presumed to be a tenancy in \ncommon). See RIGHT OF SURVIVORSHIP. Cf. tenancy \nin common. [Cases: Joint Tenancy 6.} \n\"The rules for creation of a joint tenancy are these: The \njoint tenants must get their interests at the same time. \nThey must become entitled to possession at the same time. \nThe interests must be physically undivided interests, and \neach undivided interest must be an equal fraction of the \nwhole -e.g., a one-third undiVided interest to each of \nthree jOint tenants. The joint tenants must get their inter\nests by the same instrument -e.g., the same deed or will. \nThe joint tenants must get the same kinds of estates \ne.g., in fee simple, for life, and so on.\" Thomas F. Bergin \n& Paul G. Haskell, Preface to Estates in Land and Future \nInterests 55 (2d ed. 1984). \n\n1604 tenancy \nlife tenancy. See life estate under ESTATE (1). \nperiodic tenancy. (1891) A tenancy that automatically \ncontinues for successive periods -usu. month to \nmonth or year to year unless terminated at the end "}
{"text": "tenancy that automatically \ncontinues for successive periods -usu. month to \nmonth or year to year unless terminated at the end \nofa period by notice. _ A typical example is a month\nto-month apartment lease. This type oftenancy orig\ninated through court rulings that, when the lessor \nreceived a periodic rent, the lease could not be ter\nminated without reasonable notice. Also termed \ntenancy from period to period; periodic estate; estate \nfrom period to period; (more specit:) month-to-month \ntenancy (or estate); year-to-year tenancy (or estate). \n[Cases: Landlord and Tenant C= 114, llS.] \nseveral tenancy. (17c) A tenancy that is separate and \nnot held jointly with another person. \ntenancy at sufferance. (18c) A tenancy arising when a \nperson who has been in lawful possession ofproperty \nwrongfully remains as a holdover after his or her \ninterest has expired. -A tenancy at sufferance takes \nthe form of either a tenancy at will or a periodic \ntenancy. Also termed holdover tenancy; estate at \nsufferance. See HOLDING OVER (1). [Cases: Landlord \nand Tenant C=c 117, 119.} \n\"A tenancy at sufferance arises where a tenant, having \nentered upon land under a valid tenancy, holds over \nwithout the landlord's assent or dissent. Such a tenant \ndiffers from a trespasser in that his original entry was \nlawful, and from a tenant at will in that his tenancy exists \nwithout the landlord's assent. No rent, as such, is payable, \nbut the tenant is liable to pay compensation for his use and \noccupation of the land. The tenancy may be determined \n[Le., terminated] at any time, and may be converted into \na yearly or other periodic tenancy in the usual way, e.g., \nif rent is paid and accepted with reference to a year in \ncircumstances where the parties intended there to be a \ntenancy.\" Robert E. Megarry & M.P. Thompson, A Manual \nof the Law of Real Property 319 (6th ed. 1993). \ntenancy attendant on the inheritance. A tenancy \nfor a term that is vested in a trustee in trust for the \nowner of the inheritance. _ The tenancy is a form \nof personal property to the trustee. Also termed \ntenancy attendant on an inheritance; term attendant \non the inheritance. \ntenancy at will. (I7c) A tenancy in which the tenant \nholds possession with the landlord's consent but \nwithout fixed terms (as for duration or rent); specif., \na tenancy that is terminable at the will of either the \ntransferor or the transferee and that has no desig\nnated period of duration. _ Such a tenancy may be \nterminated by either party upon fair notice. Also \ntermed at-will tenancy; estate at will. Landlord \nand TenantC\"='117, 118, 120.} \ntenancy by the entirety (en-tI-<lr-tee). See estate by \nentirety under ESTATE (1). [Cases: Husband and Wife \n(;;-:;:, 14.2-14.11.] \n\"Tenancy by the entireties is a form of joint tenancy. It \nresembles joint tenancy in that upon the death of either \nhusband or wife the survivor automatically acquires title \nto the share of the deceased spouse. Like ajoint tenancy, \nalso, it is necessary for the creation of a tenancy by the \nentireties that the husband and wife acquire title by the same deed or Will.\" Robert Kratovil, Real Estate Law 198 \n(6th ed. 1974). \n\"Where [tenancy by the entirety] is recognized, it may exist \nonly between a husband and a wife. It resembles, in most \nrespects, the joint tenancy. The only major difference is \nthat a tenant by the entirety may not destroy the other \nspouse's right of survivorship by transferring his or her \ninterest to another. Whether a tenant by the entirety may \ntransfer any interest to a third party -for example, the \nright of present possession or the contingent right of survi \nvorship -is a matter on which the states differ. Most take \nthe view that no interest may be transferred. The husband \nand wife may, of course, together convey their estate to \na third person. If they both wish to convert their tenancy \ninto a tenancy in common or ajoint tenancy, they may do \nso. Upon the death of a tenant by the entirety, no interest \npasses, in theory, to the surviving spouse. As was true \nof the joint tenancy, the survivor's ownership is thought \nsimply to expand to absorb the relinquished ownership of \nthe decedent.\" Thomas F. Bergin & Paul G. Haskell, Preface \nto Estates in Land and Future Interests 55 (2d ed. 1984). \n\"A tenancy by the entireties could exist in any estate, \nwhether in fee, for life, for years or otherwise. The nature \nof the tenancy was virtually that of an unseverable joint \ntenancy; neither husband nor wife could dispose of any \ninterest in the land without the concurrence of the other, \nnor could one of them cause a forfeiture of the land. The \nunity of husband and wife was regarded as so complete \nthat they were said to be seised 'per tout et non per mie,' \nthe survivor being entitled to the whole of the land by force \nof the original limitation, discharged of the other's right \nto participate, and not, as in the case of joint tenancy, by \nvirtue of survivorship on the death of the other tenant. \nUnlike joint tenants, neither tenant was regarded as having \nany potential share in the land; 'between husband and wife \nthere are no moieties.'\" Robert E. Megarry & P.V. Baker, A \nManual of the Law of Real Property 232-33 (4th ed. 1969) \n(quoting Marquis of Winchester's Case, 3 Co. Rep. 1a, Sa \n(l583). \ntenancy by the rod. See COPYHOLD. \ntenancy by the verge. See COPYHOLD. \ntenancyfor a term. 07c) A tenancy whose duration \nis known in years, weeks, or days from the moment \nof its creation. -Also termed tenancy for a period; \ntenancy for years; term for years; term ofyears; estate \nfor a term; estate for years; lease for years. [Cases: \nLandlord and Tenant C=c70, 72,113-115.] \ntenancyfrom period to period. See periodic tenancy. \ntenancy in common. (17c) A tenancy by two or more \npersons, in equal or unequal undivided shares, each \nperson having an equal right to possess the whole \nproperty but no right of survivorship. Also termed \ncommon tenancy; estate in common. Cf. joint tenancy. \n[Cases: Tenancy in Common C=c 1.] \n\"The central characteristic of a tenancy in common is \nsimply that each tenant is deemed to own by himself, with \nmost of the attributes of independent ownership, a phYSi\ncally undivided part of the entire parcel.\" Thomas F. Bergin \n& Paul G. Haskell, Preface to Estates in Land and Future \nInterests 54 (2d ed. 1984). \ntenancy in coparcenary. See COPARCENARY. \ntenancy in fee. See FEE SIMPLE. \ntenancy in gross. (1860) A tenancy for a term that is \noutstanding -that is, one that is unattached to or \ndisconnected from the estate or inheritance, such as \n\n1605 \none that is in the hands of some third party having \nno interest in the inheritance. \ntenancy in tail. See FEE TAIL. \ntenancy par la verge. See COPYHOLD. \nyear-to-year tenancy. See periodic tenancy. \ntenant, n. (I4c) 1. One who holds or possesses lands or \ntenements by any kind of right or title. See TENANCY. i \n[Cases: Landlord and Tenant C;=: 1.] \ncopyhold tenant. See customary tenant. \ncustomary tenant. A tenant holding by the custom of \nthe manor . Over time, customary tenants became \nknown as copyhold tenants. See COPYHOLD. \n\"The lord has a court; in that court the tenant in villein \nage, even though he be personally unfree, appears as no \nmere tenant at will, but as holding permanently, often heri \ntably, on fairly definite terms. He is a customary tenant. \ncustomarius, consuetudinarius; he holds according to the \ncustom of the manor. ... Then gradually ... [d]ealings with \nvillein tenements are set forth upon the rolls of the lord's \ncourt; the villein tenement is conceived to be holden 'by \nroll of court: or even 'by copy of court roll,' and the mode \nof conveyance serves to mark off the most beneficial of \nvilleinholds from the most onerous of freeholds .... In \nHenry Ill's time this process which secured for the tenant \nin villeinage a written, a registered title, and gave him the \nname of 'copyholder,' was but beginning ....\" 2 Frederick \nPollock & Frederic W. Maitland, The History of English Law \nBefore the Time of Edward 1361,375 (2d ed. 1899). \ndominant tenant. The person who holds a dominant \nestate and therefore benefits from an easement. Cf. \nservient tenant. [Cases: Easements \nholdover tenant. A person who remains in possession \nof real property after a previous tenancy (esp. one \nunder a lease) expires, thus giving rise to a tenancy \nat sufferance. -Sometimes shortened to holdover. \nSee tenancy at sufferance under TENANCY. [Cases: \nLandlord and Tenant C;=:, 119(2).] \nhypothetical tenant. See HYPOTHETICAL TENANT. \nillusory tenant. 1. A fictitious person who, as the land\nlord's alter ego, subleases an apartment to permit \nthe landlord to circumvent rent-law regulations. \n2. A tenant whose business is to sublease rent-con\ntrolled apartments. [Cases: Landlord and Tenant \n200.16.] \njoint tenant. See joint tenancy under TENANCY. \nlife tenant. See LIFE TENANT. \nparticular tenant. A tenant of a limited estate taken out \nof a fee. See particular estate under ESTATE (1). \nprime tenant. A commercial or professional tenant \nwith an established reputation that leases substan\ntial, and usu. the most preferred. space in a commer\ncial development.  A prime tenant is important in \nsecuring construction financing and in attracting \nother desirable tenants. \nquasi-tenant. A sublessee that the new tenant or rever\nsioner allows to hold over. tenant \nservient tenant. The person who holds a servient \nestate and is therefore burdened by an easement. Cf. \ndominant tenant. [Cases: Easements <:;-~2.1 \nstatutory tenant. A person who is legally entitled to \nremain on property after the tenancy expires. [Cases: \nLandlord and Tenant <:;-~200.20. 278.4(S).] \ntenant at sufferance. A tenant who has been in lawful \npossession of property and wrongfully remains as a \nholdover after the tenant's interest has expired . The \ntenant may become either a tenant at will or a periodic \ntenant. -Also termed permissive tenant. See tenancy \nat will; periodic tenancy. [Cases: Landlord and Tenant \nC-:Y117,119.] \ntenant by elegit. See ELEGIT. \ntenant by the curtesy. A life tenant who receives the \nestate from his deceased wife by whom he has had \nlegitimate children . The children hold the remain\nder interest. See cu RTESY. [Cases: Descent and Distri\nbution C;=:S2-67; Dower and Curtesy C;=:S, 11. 113, \n114; Wills C;=:496, 778-803.] \ntenant by the verge. See COPYHOLDER. \ntenant for a term. A tenant whose tenancy is for a \ndefined number ofyears, months, weeks, or days, set \nwhen the tenancy is created. \ntenant for life. See LIFE TENANT. \ntenant in chief. Hist. A person who held land directly \nof the king. -Also termed tenant in capite. See IN \nCAPITE. \ntenant in common. One of two or more tenants who \nhold the same land by unity of possession but by \nseparate and distinct titles, with each person having \nan equal right to possess the whole property but no \nright of survivorship. See tenancy in common under \nTENANCY. [Cases: Tenancy in Common 1.] \ntenant in demesne (di-mayn or di-meen). A feudal \ntenant who holds land of, and owes services to, a \ntenant in service. Cf. tenant in service. \ntenant in dower. A life tenant who is entitled to hold \nand use one-third of all the real property owned by \nher deceased husband. See DOWER. [Cases: Dower and \nCurtesy C::> 113,114.] \ntenant in fee. The owner of land held in fee. -Also \ntermed tenant infee simple. [Cases: Estates in Property \n\"A tenant in fee simple is [one who owns] lands, tenements, \nor hereditaments, to hold to him and his heirs forever; \ngenerally, absolutely, and Simply, without mentioning \nwhat heirs, but referring that to his own pleasure, Of to \nthe disposition of the law. An estate in fee simple is an \nestate of inheritance without condition, belonging to the \nowner, and alienable by him or transmissible to his heirs \nabsolutely and simply; it is an estate or interest in land of \none holding absolute and exclUSive control and dominion \nover it, no matter how acquired.\" 31 c.j.S. Estates  11, at \n27 (1996). \ntenant in service. A feudal tenant who grants an \nestate to another (a tenant in demesne) and is there\n\n1606 tenancy by the curtesy \nfore entitled to services from the latter. Cf. tenant in \ndemesne. \nundertenant. See SUBLESSEE. \n2. One who pays rent for the temporary use and occupa\ntion ofanother's land under a lease or similar arrange\nment. See LESSEE. 3. Archaic. The defendant in a real \naction (the plaintiff being called a demandant). See real \naction under ACTION (4). \n"}
{"text": "defendant in a real \naction (the plaintiff being called a demandant). See real \naction under ACTION (4). \ntenancy by the curtesy. See CURTESY. \ntenantable repair. (l7c) A repair that will render premises \nfit for present habitation. See HABITABILITY. [Cases: \nLandlord and Tenant C::=> 150(1), 152(3), 160(2).] \ntenantlike, adj. In accordance with the rights and obliga\ntions ofa tenant, as in matters of repairs, waste, etc. \ntenant paravail. Archaic. A tenant's tenant; a sublessor. \ntenant par la verge. See COPYHOLDER. \ntenant-right. English law. A tenant's right, upon ter\nmination of the tenancy, to payment for unexhausted \nimprovements made on the holding. This right is \ngoverned by the Agricultural Holdings Act of 1986. \ntenantry. A body or group of tenants. \ntenant's fixture. See FIXTURE. \ntend, vb. 1. To be disposed toward (something). 2. To \nserve, contribute, or conduce in some degree or way; \nto have a more or less direct bearing or effect. 3. To \nbe directed or have a tendency to (an end, object, or \npurpose). \nten-day rule. The doctrine that one who sells goods on \ncredit and then learns that the buyer is insolvent has \nten days after the buyer receives the goods to demand \ntheir return. The seller has even longer to demand \nreturn if the buyer has made a written representation \nof solvency to the seller within three months before \ndelivery. [Cases: Sales C::=>316(1).] \ntender, n. (l6c) 1. A valid and sufficient offer of perfor\nmance; specif., an unconditional offer ofmoney or per\nformance to satisfy a debt or obligation <a tender of \ndelivery>. The tender may save the tendering party \nfrom a penalty for nonpayment or nonperformance or \nmay, ifthe other party unjustifiably refuses the tender, \nplace the other party in default. Cf. OFFER OF PERFOR\nMANCE; CONSIGNATION. [Cases: Contracts C::=>279; Sales \nC::=> 153, 185; Vendor and Purchaser C::=> 148, 170.] \ntender ofdelivery. (1821) A seller's putting and holding \nconforming goods at the buyer's disposition and \ngiving the buyer any notification reasonably neces\nsary to take delivery . The manner, time, and place \nfor tender are determined by the agreement and by \nArticle 2 of the Uniform Commercial Code. [Cases: \nSales C::=> 153.] \ntender ofperformance. (l8c) An obligor's demonstra\ntion of readiness, willingness, and ability to perform \nthe obligation; esp., a buyer's demonstration of read\niness, willingness, and ability to pay the purchase \nmoney, or a seller's offer to deliver merchantable \ntitle. An offer to perform is usu. necessary to hold the defaulting party to a contract liable for breach. \n[Cases: Contracts C::=>279.] \n2. Something unconditionally offered to satisfy a debt \nor obligation. [Cases: Tender C::=> 1, 10.] 3. Contracts. \nAttempted performance that is frustrated by the act of \nthe party for whose benefit it is to take place . The per\nformance may take the form ofeither a tender ofgoods \nor services, or a tender ofpayment. Although this sense \nis quite similar to sense 1, it differs in making the other \nparty's refusal part of the definition itself. \nperfect tender. (l8c) A seller's tender that meets the \ncontractual terms entered into with the buyer con\ncerning the quality and specifications of the goods \nsold. See PERFECT-TENDER RULE. [Cases: Sales C::=> \n153, 177.] \n4. An offer or bid put forward for acceptance <a tender \nfor the construction contract>. [Cases: Public Contracts \nC::=>8.] 5. Something that serves as a means ofpayment, \nsuch as coin, banknotes, or other circulating medium; \nmoney <legal tender>. [Cases: Payment C::=> 10; United \nStates C::=>34.] -tender, vb. \ntender, plea of. See PLEA OF TENDER. \ntender offer. A public offer to buy a minimum number \nofshares directly from a corporation's shareholders at \na fixed price, usu. at a substantial premium over the \nmarket price, in an effort to take control of the corpo\nration. -Also termed takeover offer; takeover bid. Cf. \npublic-exchange offer under OFFER. [Cases: Securities \nRegulation C::=>52.30-52.50.] \n\"Broadly speaking, a direct solicitation of a corporation's \nstockholders to sell their shares to an acquirer is known as \na tender offer (because the acquirer is asking the existing \nstockholders to tender their shares for sale).\" Franklin A. \nGevurtz, Corporation Law  7.3, at 673 (2000). \ncash tender offer. A tender offer in which the bidder \noffers to pay cash for the target's shares, as opposed to \noffering other corporate shares in exchange. Most \ntender offers involve cash. [Cases: Securities Regula\ntion C::=>52.30-52.50.] \ncreeping tender offer. See creeping acquisition under \nACQUISITION. \ntender of issue. (1811) Common-law pleading. A form \nattached to a traverse, by which the traversing party \nrefers the issue to the proper mode of trial. [Cases: \nPleading C::=> 100, 112.] \n\"[Ilt is the object of all pleadings to bring the parties, in \nthe course of their mutual altercations, to an issue that is \na single entire point, affirmed on the one side and denied \non the other; and it is to effect this object that the above \nrule was established. There can be no arrival at this point \nuntil one or the other of the parties, by the conclusion \nof his pleading, offers an issue for the acceptance of his \nopponent, and this offer is called the 'tender of issue.''' \nBenjamin j. Shipman, Handbook ofCommon-Law Pleading \n 254, at 446 (Henry Winthrop Ballantine ed., 3d ed. \n1923). \ntender-years doctrine. (1954) Family law. The doctrine \nholding that custody of very young children (usu. five \nyears ofage and younger) should generally be awarded \nto the mother in a divorce unless she is found to be \n\n1607 \nunfit.  This doctrine has been rejected in most states \nand replaced by a presumption ofjoint custody. See \nMATERNAL-PREFERENCE DOCTRINE; PRIMARY-CARE\nGIVER DOCTRINE. [Cases: Child Custody C=::o457.] \ntender-years hearsay exception. See HEARSAY EXCEP\nTION. \ntenement. (14c) 1. Property (esp.land) held by freehold; \nan estate or holding ofland. \ndominant tenement. See dominant estate under ESTATE \n(4). \nservient tenement (silr-vee-;mt). See servient estate \nunder ESTATE (4). \n2. A house or other building used as a residence. 3. An \napartment. 4. TENEMENT HOUSE. \ntenement house. (1858) A low-rent apartment building, \nusu. in poor condition and at best meeting only \nminimal safety and sanitary conditions. -Sometimes \nshortened to tenement. \ntenendas (ta-nen-das), n. [Law Latin \"to be held\"] Hist. \nThe charter clause stating the nature of the tenure, so \ncalled because ofthe fi rst word ofthe clause. \ntenendum (ti}-nen-di}m). [Latin \"to be held\"] (17c) \nA clause in a deed designating the kind of tenure \nby which the things granted are to be held. -Also \ntermed tenendum clause; (in Scots law) tenendas. See \nHABENDUM ET TENENDUM. Cf. HABENDUM CLAUSE \n(1). \nlO-K. A financial report filed annually with the SEC by a \nregistered corporation . The report typically includes \nan audited financial statement, a description ofthe cor\nporation's business and financial condition, and sum\nmaries of other financial data. -Also termed Form \n1O-K. Cf. 8-K; lO-Q. (Cases: Securities Regulation \n60.27(6).] \nTennessee Valley Authority. A government-owned \ncorporation, created in 1933, that conducts a unified \nprogram ofresource development to advance economic \ngrowth in the Tennessee Valley region . The Author\nity's activities include flood control, navigation \ndevelopment, electric-power production, fertilizer \ndevelopment, recreation improvement, and forestry\nand-wildlife development. Though its power program \nis financially self-supporting, the Authority's other \nprograms are financed primarily by congressional \nappropriations. -Abbr. TVA. [Cases: United States \n(;::~ 53(6.1).] \ntenor, n. 1. An exact copy ofan instrument. 2. The exact \nwords ofa legal document, esp. as cited in a pleading. \n3. The meaning ofa legal document. \nten-percent bond. See BOND (2). \nIO-Q. An unaudited financial report filed quarterly with \nthe SEC by a registered corporation . The IO-Q is less \ndetailed than the lO-K. -Also termed Form 1O-Q. Cf. \nlO-K.[Cases: Securities Regulation C=::o60.27(6).] \ntentative agenda. See proposed agenda under AGENDA. \ntentative trust. See Totten trust under TRUST. tenure \nTenth Amendment. The constitutional amendment, \nratified as part ofthe Bill ofRights in 1791, providing \nthat any powers not constitutionally delegated to the \nfederal government, nor prohibited to the states, are \nreserved for the states or the people. -Also termed \nReserved Power Clause. [Cases: States C-'-:c4.16.j \n1031 exchange (ten-thi}r-tee-wiln). (1972) 1. An exchange \noflike-kind property that is exempt from income-tax \nconsequences under IRC (26 USCA)  1031. [Cases: \nInternal Revenue (;::~\")3184.] Cf. TAX-FREE EXCHANGE. \n2. See TAX-FREE EXCHANGE. \n! tenure (ten-yar), n. (l5c) 1. A right, term, or mode of \nholding lands or tenements in subordination to a \nsuperior. In feudal times, real property was held pre\ndominantly as part ofa tenure system. 2. A particular \nfeudal mode ofholding lands, such as socage, gavel\nkind, villeinage, and frankalmoign. \n\"Most of the feudal incidents and consequences of socage \ntenure were expressly abolished in New York by the act of \n1787; and they were [later] wholly and entirely annihilated \nby the New York Revised Statutes .... They were also \nabolished by statute in Connecticut, 1793; and they have \nnever existed, or they have ceased to exist, in all essential \nrespects, in every other state. The only feudal fictions and \nservices to be retained in any part of the United States \nconsist of the feudal principle, that the lands are held of \nsome superior or lord, to whom the obligation of fealty, \nand to pay a determinate rent, are due .... The lord para \nmount of all socage land was none other than the people \nof the state, and to them, and them only, the duty of fealty \nwas to be rendered ....\" 3 James Kent, Commentaries on \nAmerican Law *509-1 0 (George Comstock ed., 11th ed. \n1866). \nbase tenure. Hist. The holding of property in villein\nage rather than by military service or free service. \nSee VILLEINAGE. \ncopyhold tenure. See COPYHOLD. \nlay tenure. Hist. Any tenure not held through religiOUS \nservice, such as a base tenure or a freehold tenure . \nThe three historical types oflay tenures are knight\nservice, socage, and serjeanty. See KNIGHT-SERVICE; \nSOCAGE; SERJEANTY. Cf. tenure by divine service. \nmilitary tenure, A tenure that bears some relation \nto military service, such as knight-service, grand \nserjeanty, and cornage. -Also termed tenure in \nchivalry. \nspiritual tenure. A tenure that bears some relation to \nreligiOUS exercises, such as frankalmoign and tenure \nby divine service. \ntenure ad furcam et flagellum (ad f~r-kJm et flJ\njel-i'lm). [Latin] Hist. Tenure by gallows and whip. \nThis was the meanest of the servile tenures -the \nbondman was at the disposal ofthe lord for life and \nlimb. \ntenure by divine service. Hist. A tenure obligating the \ntenant to perform an expressly defined divine service, \nsuch as singing a certain number of masses or distrib\nuting a fixed sum ofalms. Cf. lay tenure. \ntenure in chivalry. See military tenure. \nvillein tenure. See VILLEINAGE. \n\n1608 tenured faculty \n3. A status afforded to a teacher or professor as a pro\ntection against summary dismissal without sufficient \ncause . This status has long been considered a cor\nnerstone of academic freedom. [Cases: Colleges and \nUniversities ~8.1(2); Schools ~133.6.) 4. More \ngenerally, the legal protection of a long-term relation\nship, such as employment. [Cases: Officers and Public \nEmployees ~60.) -tenurial (ten-yuur-ee-Jl), adj. \ntenured faculty. The members ofa school's teaching staff \nwho hold their positions for life or until retirement, and \nwho may not be discharged except for cause. [Cases: \nColleges and Universities ~8.1(2).) \ntenure in capite. See IN CAPITE. \ntenure in chivalry. See military tenure under TENURE. \ntepid bench. See lukewarm bench under BENCH. \nteratogen (tJ-rat-J-jJn), n. An agent, usu. a chemical, \nthat causes injury to a fetus"}
{"text": "(tJ-rat-J-jJn), n. An agent, usu. a chemical, \nthat causes injury to a fetus or causes any of various \nbirth defects <alcohol is a teratogen to the developing \nbrain ofa fetus>. -teratogenic (tJ-rat-J-jen-ik), adj. \nterce. Hist. Scots law. A widow's interest in one-third \nof her husband's real property, if she has not accepted \nsome other special provision . The couple must have \nbeen married at least a year and a day or else have \nproduced a living child together. See DOWER. \nterce land. Hist. Scots law. Income-producing real \nproperty in which a widow has a pecuniary interest \nbecause it was owned by her husband. \ntercer. Hist. Scots law. A widow who has an interest \nin one-third of her husband's real property. -Also \nspelled tiercear. \ntergiversatio (tJr-jiv-Jr-say-shee-oh), n. [Latin \"being \nreluctant, hanging back\") Roman law. A delay tactic, \nesp. an accuser's failure to pursue a criminal charge, \nperhaps by not appearing at the trial.  To withdraw \nan accusation, it was necessary to obtain the court's \npermission for an annulment (abolitio). In A.D. 61, a law \nwas passed by which anyone convicted of tergiversatio \nwas subject to a fine. See CALUMNIA. Cf. PRAEVARICA\nTIO. PI. tergiversationes (tJr-jiv-Jr-say-shee-oh-neez). \nterm, n. (14c) 1. A word or phrase; esp., an expression \nthat has a fixed meaning in some field <term ofart>. 2. \nA contractual stipulation <the delivery term provided \nfor shipment within 30 days>. See CONDITION (3). \nessential term. Seefundamental term. \nfundamental term. (1873) 1. A contractual provi\nsion that must be included for a contract to exist; \na contractual provision that specifies an essential \npurpose of the contract, so that a breach of the pro\nvision through inadequate performance makes the \nperformance not only defective but essentially dif\nferent from what had been promised. [Cases: Con\ntracts ~9(1), 15.) 2. A contractual provision that \nmust be included in the contract to satisfy the statute \nof frauds. -Also termed essential term; vital term. \n[Cases: Frauds, Statute of~ 113.) \nimplied term. (I8c) A provision not expressly agreed \nto by the parties but instead read into the contract by a court as being implicit.  An implied term should \nnot, in theory, contradict the contract's express terms. \n[Cases: Contracts ~168.) \nmaterial term. (1839) A contractual provision dealing \nwith a Significant issue such as subject matter, price, \npayment, quantity, quality, duration, or the work to \nbe done. [Cases: Contracts ~9.) \nnonessential term. See nonfundamental term. \nnonfundamental term. (1969) Any contractual provi\nsion that is not regarded as a fundamental term. \nAlso termed nonessential term; nonvital term. [Cases: \nContracts ~9(1), 15.] \nvital term. See fundamental term. \n3. (pl.) Provisions that define an agreement's scope; \nconditions or stipulations <terms of sale>. 4. A fixed \nperiod of time; esp., the period for which an estate is \ngranted <term ofyears>. \nattendant term. (1983) A long period (such as 1,000 \nyears) specified as the duration ofa mortgage, created \nto protect the mortgagor's heirs' interest in the land by \nnot taking back title to the land once it is paid for, but \nrather by assigning title to a trustee who holds the title \nin trust for the mortgagor and the mortgagor's heirs. \n This arrangement gives the heirs another title to \nthe property in case the interest they inherited proves \nsomehow defective. These types of terms have been \nlargely abolished. See tenancy attendant on the inheri\ntance under TENANCY. [Cases: Mortgages ~54.) \n\"The advantage derived from attendant terms is the \nsecurity which they afford to purchasers and mortgagees. \nIf the bona fide purchaser or mortgagee should happen \nto take a defective conveyance or mortgage, by which \nhe acquires a mere equitable title, he may, by taking an \nassignment of an outstanding term to a trustee for himself, \ncure the defect, so far as to entitle himself to the legal \nestate during the term, in preference to any creditor, of \nwhose incumbrance he had not notice, at or before the time \nof completing his contract for the purchase or mortgage. \nHe may use this term to protect his possessions, or to \nrecover it when lost. This protection extends generally \nas against all estates and incumbrances created interme\ndiately between the raising of the term and the time of \nthe purchase or mortgage; and the outstanding term, so \naSSigned to a trustee for the purchaser or mortgagee, will \nprevail over the intermediate legal title to the inheritance.\" \n4 James Kent, Commentaries on American Law *87 (George \nComstock ed., 11 th ed. 1866). \nsatisfied term. (18c) A term of years in land that has \nsatisfied the purpose for which it was created before \nthe term's expiration. \nterm for deliberating. (1843) The time given a benefi\nciary to decide whether to accept or reject an inheri\ntance or other succession. \nterm in gross. (1852) A term that is unattached to an \nestate or inheritance. See tenancy in gross under \nTENANCY. \nterm ofyears. 1. A fixed period covering a precise \nnumber of years. -Also termed tenancy for a term. \n2. English law. A fixed period covering less than a \nyear, or a specified number ofyears and a fraction of \na year.  This sense applies under a seminal English \n\n1609 \nstatute the Law of Property Act of 1925. [Cases: \nLandlord and Tenant (::::'70.] \n\"In effect, 'term of years' seems to mean a term for any \nperiod having a fixed and certain duration as a minimum. \nThus, in addition to a tenancy for a specified number of \nyears (e.g., 'to X for ninety-nine years'), such tenancies as \na yearly tenancy or a weekly tenancy are 'terms of years' \nwithin the definition, for there is a minimum duration of \na year or a week respectively. But a lease 'for the life of \nX' cannot exist as a legal estate, and the same, perhaps, \napplies to tenancies at will or at sufferance (if they are \nestates at all) for their duration is wholly uncertain.\" Robert \nE. Megarry & M.P. Thompson, A Manual ofthe Law ofReal \nProperty 74 (6th ed. 1993). \nunexpired term. The remainder ofa period prescribed \nby law or by agreement. \n5. The period or session during which a court conducts \njudicial business <the most recent term was busy \nindeed>. Also termed (in sense 5) term ofcourt. See \nSESSION, [Cases: Courts (::::::63.] \nadditional term. A distinct, added term to a previous \nterm. [Cases: Courts (:::::'64.] \nadjourned term. (l8c) A continuance of a previous or \nregular term but not a separate term; the same term \nprolonged. [Cases: Courts (:::::'66,] \nappearance term. The regular judicial term in which \na party is required to appear, usu. the first one after \nlegal service has been made. [Cases: Courts (:::::\"63.J \ncivil term. 1he period during which a civil court hears \ncases. \ncriminal term. A term of court during which indict\nments are found and returned, and criminal trials are \nheld. [Cases: Courts (:::::'63.] \nequity term. (1836) The period during which a court \ntries only equity cases. \ngeneral term. A regular term of court -that is, the \nperiod during which a court ordinarily sits. Also \ntermed stated term. [Cases: Courts <)::063.] \nregular term. (1820) A term ofcourt begun at the time \nappointed by law and continued, in the court's discre\ntion, until the court lawfully adjourns. [Cases: Courts \nC\"\"::::'63.] \nspecial term, (1803) A term ofcourt scheduled outside \nthe general term, usu. for conducting extraordinary \nbusiness. [Cases: Courts (:::::'64.] \nstated term. See general term. \nterm probatory. Eccles. law. 1. The period given to the \npromoter of an ecclesiastical suit to produce wit\nnesses and prove the case. 2. Hist. The time assigned \nfor taking testimony. -Sometimes termed (in sense \n2) probatory term. \nterm to conclude. Eccles. law. A deadline imposed \nby the judge for all parties to renounce any further \nexhibits and allegations. \nterm to propound all things. Eccles. law, A deadline \nimposed by the judge for the parties to exhibit all \nevidence supporting their positions. termination-for-convenience clause \n6. Hist. English law. One ofthe four periods in a year \nduring which the courts are in session to conduct \njudicial business . Terms came into use in the 13th \ncentury, and their dates varied. The four terms -\nHilary, Easter, Trinity, and Michaelmas were abol\nished by the Tudicature Acts of 1873-1875, and the legal \nyear was divided into sittings and vacations. Terms \nare still maintained by the Inns ofCourt to determine \nvarious time periods and dates, such as a call to the bar \nor observance ofa Grand Day. \nterm annuity. See annuity certain under ANNUITY. \nterm attendant on the inheritance. See tenancy atten\ndant on the inheritance under TENANCY. \nterm bond. See BOND (3). \nterm clause. See HABENDUM CLAUSE. \nterm day. See quarter day under DAY. \nterm deposit. See time deposit under DEPOSIT. \nterm fee. English law. A sum that a solicitor may charge \na client, and that the client (if successful) may recover \nfrom the losing party, payable for each term in which \nany proceedings follOWing the summons take place. \nterm for deliberating. See TERM (4). \nterm for years. See tenancy for a term under TENANCY. \nterminable interest. See INTEREST (2). \nterminable property. See PROPERTY. \nterminal disclaimer. See DISCLAIMER. \nterminate, vb. 1. To put an end to; to bring to an end. 2. \nTo end; to conclude. \ntermination, n. (l5c) 1. The act of ending something; \nEXTINGUISHMENT <termination of the partnership by \nwinding up its affairs>. \ntermination ofconditional contract. The act ofputting \nan end to all unperformed portions of a conditional \ncontract. [Cases: Contracts (:::::'249.] \ntermination ofemployment. The complete severance \nofan employer-employee relationship. [Cases: Labor \nand Employment C:~40(2), 825.] \n2. The end ofsomething in time or existence; conclusion \nor discontinuance <the insurance policy's termination \nleft the doctor without liability coverage>. -termi\nnate, vb. terminable, adj. \ntermination clause. See CANCELLATION CLAUSE. \ntermination fee. A fee paid if a party voluntarily backs \nout of a deal to sell or purchase a business or a busi\nness's assets . Termination fees are usu. negotiated and \nagreed on as part of corporate merger or acqUisition \nnegotiations. The fee is deSigned to protect the pro\nspective buyer and to deter the target corporation from \nentertaining bids from other parties. -Also termed \nbreak-up fee. [Cases: Corporations (:::::'310(1),582,] \ntermination-for-convenience clause. A contractual \nprovision allowing the government to terminate all \nor a portion of a contract when it chooses . Among \nthe governmental contracts that often include a \n\n1610 termination hearing \ntermination-for-convenience clause are service con\ntracts, research-and-development contracts, and \nfixed-price contracts. See 48 CFR  52.249-1--52.249\n2. [Cases: United States C=>70(35).] \ntermination hearing. See termination-ofparental-rights \nhearing under HEARING. \ntermination of parental rights. (1939) Family law. \nThe legal severing of a parent's rights, privileges, and \nresponsibilities regarding his or her child . Termina\ntion ofa parent's rights frees the child to be adopted by \nsomeone else. -Abbr. TPR. See termination-of-paren\ntal-rights hearing under HEARING; PARENTAL RIGHTS. \n[Cases: Infants C=> 155.] \ntermination-of-parental-rights hearing. See \nHEARING. \ntermination proceeding. (1939) An administrative \naction to end a person's or entity's status or relationship. \n For example, the International Banking Act autho\nrizes the International Banking Board to institute a ter\nmination proceeding when a foreign bank or its U.S. \nagency or branch is convicted of money-laundering. \n12 USCA  3105(e). \nterminer. See OYER AND TERMINER. \nterm in gross. See TERM (4). \ntermini habiles (t;lr-mi-nI hab-;)-leez), n. [Law Latin] \nHist. Sufficient grounds . The phrase usu. referred to \nthe facts necessary to establish a prescriptive right. \ntermini sanctorum (t;lr-mi-nI sangk-tor-;)m), n. [Law \nLatin] Hist. The limits of a sanctuary. See SANCTUARY \n(1). \nterm interest. Oil & gas. A mineral interest or royalty \ninterest that is not perpetual.  A term interest may be \nfor a fixed term (e.g., for 25 years) or defeasible (e.g., \nfor 25 years and so long thereafter as there is produc\ntion from the premises). [Cases: Mines and Minerals \nC=>55.] \nterminus ad quem (t;lr-mi-n;)s ad kwem). [Law Latin] \nHist. The point to which . The phrase appeared in ref\nerence to the point before which some action must be \ntaken."}
{"text": "\nHist. The point to which . The phrase appeared in ref\nerence to the point before which some action must be \ntaken. \nterminus a quo (t;lr-mi-n<:ls ay kwoh). [Law Latin] Hist. \nThe point from which . The phrase appeared in refer\nence to the point from which something is calculated, \nor the earliest time at which some action is possible. \nterm life insurance. See LIFE INSURANCE. \nterm loan. See LOAN. \nterm ofart. (17c) 1. A word or phrase having a specific, \nprecise meaning in a given specialty, apart from its \ngeneral meaning in ordinary contexts. Examples in \nlaw include and his heirs and res ipsa loquitur. [Cases: \nContracts C=>152; Statutes C=>192.] 2. Loosely, a jargo\nnistic word or phrase. -Also termed word ofart. \nterm-of-art canon. (1994) In statutory construction, \nthe principle that ifa term has acquired a technical or \nspecialized meaning in a particular context, the term should be presumed to have that meaning if used in \nthat context. [Cases: Statutes C=> 192.] \nterm of court. See TERM (5). \nterm ofoffice. The period during which an elected officer \nor appointee may hold office, perform its functions, and \nenjoy its privileges and emoluments. [Cases: Officers \nand Public Employees C=>50-54.] \nterm ofyears. 1. See TERM (4). 2. See tenancy for a term \nunder TENANCY. \ntermor (t;lr-m<:lr). (14c) A person who holds lands or ten\nements for a term ofyears or for life. \nterm policy. See INSURANCE POLICY. \nterm probatory. See TERM (5). \nterms. See YEAR BOOKS. \nterm sheet. Securities. 1. A document setting forth all \ninformation that is material to investors about the \noffering but is not disclosed in the accompanying pro\nspectus or the confirmation. 2. LETTER OF INTENT. \nabbreviated term sheet. A term sheet that includes (1) \nthe description of the securities as required by Item \n202 of SEC Regulation S-K, or a good summary of \nthat information; and (2) all material changes to the \nissuer's affairs required to be disclosed on SEC Form \nS-3 or F-3, as applicable. \ntermtime. The time of the year when a court is in session. \n[Cases: Courts C=>63, 65.] \nterm to conclude. See TERM (5). \nterm to propound all things. See TERM (5). \nterra nullius (ter-<:l n;ll-ee-<:ls), n. [Latin \"the land of \nno one\"] A territory not belonging to any particular \ncountry. \nterre-tenant (tair ten-<:lnt). (l5c) 1. One who has actual \npossession ofland; the occupant ofland. 2. One who \nhas an interest in a judgment debtor's land after the \njudgment creditor's lien has attached to the land (such \nas a subsequent purchaser). -Also spelled tertenant \n(t;lr-ten-<:lnt). -Also termed land-tenant. [Cases: \nJudgment C=>793, 794.] \nterritorial, adj. Having to do with a particular geograph- \nical area. \nterritorial court. See COURT. \nterritorialism. (1977) The traditional approach to choice \noflaw, whereby the place ofinjury or ofcontract forma\ntion determines which state's law will be applied in a \ncase. See CHOICE OF LAW. \nterritoriality. Int'llaw. The principle that a nation has \nthe right of sovereignty within its borders. [Cases: \nInternational Law C=>7.] \n\"Three maxims formulated by the seventeenth-century \nDutch scholar Ulrich Huber undergird the modern concept \nof territoriality: (1) a state's laws have force only within \nthe state's boundaries; (2) anyone found within the state's \nboundaries is subject to the state's authority; and (3) \ncomity will discipline sovereign exercises of authority so \nthat the territorial effect of each state's laws is respected.\" \nPaul Goldstein, International Copyright: Principles, Law, \nand Practice 64 (2001). \n\n1611 \nterritorial jurisdiction. See fURISDICTION. \nterritorial law. The law that applies to all persons within \na given territory regardless of their citizenship or \nnationality. Cf. PERSONAL LAW. \n\"[Tlhe expression 'territorial law' ... is not confined to \nthe positive rules that regulate acts and events occurring \nwithin the jurisdiction, but includes also rules for the \nchoice of law. English rules for the choice of law are part \nof the law of England and when a court, for instance, tests \nthe substantial validity of a contract made by two foreign- I \ners in Paris by reference to French law, it applies a rule \nimposed by the English sovereign and it may accurately \nbe described as putting into force part of the territorial \nlaw of England.\" G.c. Cheshire, Private International Law \n32 (6th ed. 1961). \nterritorial property. Land and water over which a state \nhas jurisdiction and control, whether the legal title is \nheld by the state or by a private individual or entity . \nLakes and waters wholly within a state are generally its \nproperty, as is the marginal sea within the three-mile \nlimit, but bays and gulfs are not always recognized as \nstate property. [Cases: States (;--; 11.] \nterritorial sea. See territorial waters under WATER. \nterritorial waters. See WATER. \nterritory, n. (l4c) 1. A geographical area included within \na particular government's jurisdiction; the portion of \nthe earth's surface that is in a state's exclusive posses\nsion and contro!' Cf. INSULAR AREA. [Cases: Interna\ntional Law \nnon-self-governing territory. lnt'llaw. A territory that \nis governed by another country . These types ofter\nritories are rarely allowed representation in the gov\nerning country's legislature. \ntrust territory. lnt'llaw. A territory to which the \nUnited Nations' international trusteeship system \nformerly applied; a territory once administered by \nthe United Nations or a member state for the politi\ncal, economic, educational, and social advancement \nof its inhabitants. -All territories that were subject \nto this system either became independent nations or \nopted to become part of another nation. \n2. A part of the United States not included within any \nstate but organized with a separate legislature (such \nas Guam and the U.S. Virgin Islands). Cf. COMMON\nWEALTH (2); DEPENDENCY (1). [Cases: Territories \n7.] territorial, adj. \n\"The United States has had territories from its inception. \nThe Northwest Territory, along with the thi rteen original \nstates, was a part of the nation when the constitution was \nratified. The original U.S. constitution expressly granted \nCongress the power to govern territories. Before the Civil \nWar all of the territories were on the North American conti\nnent and contiguous with the states or the other territories. \nAfter the Civil War with the purchase of Alaska in 1867 \n(called 'Seward's Folly' or 'Seward's Icebox' by detractors) \ncame the United States' first acquisition of non-contigu\nous territory. Alaska did, however, have certain basics in \ncommon with earlier U.S. territories. Alaska was on the \nNorth American continent and sparsely populated .... \nIn the latter part of the 19th century, the U.S. became tertenant \nterritory ofa judge. (18c) The territorial jurisdiction of a \nparticular court. See 1URISDICTION (3). [Cases: Courts \n(:::::'29, 171; Judges C=:30.J \nterrorem clause. See NO-CONTEST CLAUSE. \nterrorism, n. (l8c) The use or threat of violence to intimi\ndate or cause panic, esp. as a means of affecting political \nconduct. See 18 USCA  2331. See also terroristic threat \nunder THREAT; terrorism insurance under INSURANCE. \n[Cases: Extortion and Threats C=>25.]- terrorist, adj. \n&n. \nbioterrorism. Terrorism involving the intentional \nrelease ofharmful biological agents, such as bacteria \nor viruses, into the air, tood, or water supply, esp. of \nhumans. Also termed biological terrorism. \ncyberterrorism. Terrorism committed by using a \ncomputer to make unlawful attacks and threats of \nattack against computers, networks, and electroni\ncally stored information, and actually causing the \ntarget to fear or experience harm. \ndomestic terrorism. 1. Terrorism that occurs primar\nily within the territorial jurisdiction of the United \nStates. 18 USCA  2331(5).2. Terrorism that is carried \nout against one's own government or fellow citizens. \n[Cases: War and National EmergencyC:::-;50.] \necoterrorism. Terrorism related to environmental \nissues or animal rights. -Also termed enviroterror\nism; ecological terrorism; environmental terrorism; \necosabotage; ecovandalism. \ninternational terrorism. Terrorism that occurs pri\nmarily outside the territorial jurisdiction of the \nUnited States, or that transcends national boundaries \nby the means in which it is carried out, the people it is \nintended to intimidate, or the place where the perpe\ntrators operate or seek asylum. 18 USCA  2331(1). Cf. \nstate-sponsored terrorism. [Cases: War and National \nEmergency C=:SO.J \nstate-sponsored terrorism. 1. International terrorism \nsupported by a sovereign government to pursue stra\ntegic and political objectives. 2. See state terrorism \n(1). Cf. international terrorism. \nstate terrorism. 1. Terrorism practiced by a sovereign \ngovernment, esp. against its own people . Under \ninternational legal principles of sovereignty, a gov\nernment's conduct that has effects only within its \nborders is generally not subject to interference from \nother nations. 2. See state-sponsored terrorism (1). \nterrorism insurance. See INSURANCE. \nterroristic threat. See THREAT. \nterrorizing, n. Family law. A parent's or caregiver's act \nof orally assaulting, bullying, or frightening a child, or \ncausing the child to believe that the world is a hostile \nplace. \ninterested in various islands around the world.\" Stanley Terry stop. See STOP AND FRISK. K. Laughlin Jr., The Law of United States Territories and \nAffiliated Jurisdictions  3.], at 25-26 (1995). tertenant. See TERRE-TENANT. \n\ntertia 1612 \ntertia (tar-shee-a), n. Hist. A third. _ A widow's terce \nwas usu. referred to as tertia rationabilis (\"a reason\nable third\"). \ntertium quid (tar-shee-am kwid). [Latin] Scots law. A \nthird thing that has qualities distinct from the prior \ntwo components. \n\"Thus where, by the confusion of liquids or commixture \nof solids, the subject produced is of a character different \nfrom that of either of its component parts, it is called a \ntertium quid.\" John Trayner, Travner's Latin Maxims 598 \n(4th ed. 1894). \ntertius gaudens (tar-shee-as gaw-denz). [Latin \"a rejoic\ning third\"] A third party who profits when two others \ndispute. \ntestable, adj. (17c) 1. Capable ofbeing tested <a testable \nhypothesis>. 2. Capable of being transferred by will \n<today Virtually all property is considered testable>. \n3. Capable of making a will <an I8-year-old person is \ntestable in this state>. 4. Legally qualified to testify as a \nwitness or give evidence <the witness is testable about \nthe statement>. \nTest Act. Hist. An English statute that required a person \nwho occupied a public office or position of trust to be a \nmember of the Church of England, to swear the Oath \nof Supremacy, and to sign a declaration against tran\nsubstantiation. 25 Car. 2, ch. 2 (1673). _ 1be Act was \nrepealed in 1828. \ntest action. See test case (2) under CASE. \ntestacy. The state or condition of a person having died \nwith a valid will. Cf. [!IHESTACY. [Cases: Wills ~1.] \ntestament (tes-ta-m<lnt). (14c) l. Traditionally, a will \ndisposing ofpersonal property. Cf. DEVISE (4). 2. WILL \n(2). \nclosed testament. See mystic will under WILL. \ninofficious testament. Civil law. A will that does not \ndispose of property to the testator's natural heirs; esp., \na will that deprives the heirs of a portion ofthe estate \nto which they are entitled by law. Also termed \ninofficious will; unofficious will. Seeforced heir under \nHEIR. [Cases: Wills ~82.] \nmilitary testament. See soldier's will under WILL. \nmutual testament. See mutual will under WIn. \nmystic testament. See mystic will under WILL. \noffiCiOUS testament. Civil law. A will that disposes of \nproperty to the testator's family; a will that reserves \nthe legitime for the testator's children and other \nnatural heirs. Also termed officious will. See \nLEGITIME. \nsealed testament. See mystic will under WILL. \nsecret testament. See mystic will under WILL. \ntestamentary (tes-ta-men-ta-ree or -tree), adj. (l4c) 1. Of \nor relating to a will or testament <testamentary intent>. \n[Cases: Wills 2. Provided for or appointed \nby a will <testamentary guardian>. 3. Created by a will \n<testamentary \ntestamentary capacity. See CAPACITY (3). testamentary class. See CLASS (3). \ntestamentary condition. See CONDITION (2). \ntestamentary disposition. See DISPOSITION (1). \ntestamentary gift. See GIFT. \ntestamentary guardian. See GUARDIAN. \ntestamentary heir. See HEIR. \ntestamentary instrument. See WILL. \ntestamentary intent. See INTENT (1). \ntestamentary"}
{"text": "HEIR. \ntestamentary instrument. See WILL. \ntestamentary intent. See INTENT (1). \ntestamentary power of appointment. See POWER OF \nAPPOINTMENT. \ntestamentary succession. See SUCCESSION (2). \ntestamentary transfer. See TRANSFER. \ntestamentary trust. See TRUST. \ntestamentary trustee. See TRUSTEE (1). \ntestamenti factio (tes-ta-men-tI fak-shee-oh). [Latin \n\"right to make a testament\"] Roman law. 1. Broadly, \nthe capacity to take part in a will, as testator, heir, or \nwitness. 2. The capacity to make a will, open to any \ncitizen, male or female, sui juris, and over puberty. \n This term is sometimes known as \"active\" testa\nmenti Jactio or testamenti factio activa, though the \nlatter phrase was not known to the Roman law. 3. The \ncapacity to receive property by will. Junian Latini and \nperegrini did not have this capacity. It is also known as \n\"passive\" testamenti factio or testamenti factia passiva, \nthough the latter phrase was (like testamenti factio \nactiva) unknown to the Roman law. 4. The capacity to \nwitness a will. -Women did not have this capacity. \nAlso termed factto testamenti. \n\"Under the civil law, this was a power ... vested only in the \nRoman citizen ... The testamenti factio was necessary to \nany participation whatever in a testament. Without it, no \none could make a will, or take a legacy, or even be a witness \nto the execution of a will .... In Scotch law, this phrase can \nonly signify the power of making a will. as anyone may be \na beneficiary under another's settlement.\" John Trayner. \nTrayner's Latin Maxims 216-17 (4th ed. 1894). \ntestamentum (tes-td-men-tam), n. [Latin] Roman law. A \nwill. In early and classical law, the mancipatory will \nwas standard. It was still used in the Later Empire but \nthe in A.D. 446, the holographic will was accepted in the \nWestern Empire. A will could also be made by registra\ntion on the court acta. See holographiC will, mancipa\ntory will under WILL. \ntestamentum calatis comitiis (ka-Iay-tis ka-mish\nee-is). [Latin \"will made before the comitia curiata\"] \nRoman law. In early Rome, a will made before the \ncomitia curiata, having an effect comparable to \nadrogation. -The comitia curjata was known as \nthe comitia calata when it met twice a year for the \npurpose of making wills. See comitia curiata under \nCOMITIA. \ntestamentum holografum (tes-ta-men-tam hol-a\ngraf-am). [Latin] See holographic will under WILL. \ntestamentum in procinctu (in pra-singk-t[y] 00). [Latin \n\"will made before the army\"] Roman law. A will made \n\n1613 \nby a soldier before a fellow soldiers while preparing \nfor battle. \ntestamentum militum (tes-ta-men-tam mil-a-t<'lm). \n[Latin] See soldier's will under WILL. \ntestamentum tripertitum (trI-Pdf-tl-tdm). [Latin \"tri\npartite will\"] Roman law. A will made without inter\nruption, with seven witnesses to seal it, and signed by \nthe testator . This form ofwill was valid in Justinian's \nlaw. It was called \"tripartite\" because the authority \nfor various parts ofit derived from three sources: the \ncivil law (requiring that the will be made at one and \nthe same time before witnesses); the praetor's edict \n(requiring that there be seven witnesses and that they \nmust seal it); and imperial constitutions (requiring \nthat the testator must sign at the end). \ntestate (tes-tayt), ad}. (15c) Having left a will at death \n<she died testate>. Cf. INTESTATE. [Cases: Wills \n1.] \ntestate, n. See TESTATOR. \ntestate succession. See SUCCESSION (2). \ntestatio mentis (tes-tay-shee-oh men-tis), n. [LatinJ Hist. \nAn expression of a testator's mind; a testament. \ntestation (te-stay-shdn). 1. The disposal of property by \nwill; the power to dispose ofproperty by will. 2. Archaic. \nAttestation; a witnessing. [Cases: Wills \\;~1.] \ntestator (tes-tay-tdr also te-stay-tdr). (14c) A person who \nhas made a will; esp., a person who dies leaving a wilL \n Because this term is usu. interpreted as applying to \nboth sexes, testatrix has become archaic. -Also termed \ntestate. Cf. INTESTATE. [Cases: Wills \ntestatrix (te-stay-triks or tes-t<'l-triks). Archaic. A female \ntestator. In modern usage, a person who leaves a will \nis called a testator, regardless of sex. PI. testatrixes, \ntestatrices. \ntestatum (tes-tay-t<'lm). [Latin \"attested\"] 1. A writ issued \nin a county where a defendant or a defendant's property \nis located when venue lies in another county. This \nwrit, when issued after a ground writ, allowed the \nseizure ofthe defendant or the defendant's property in \nanother county. -Also termed writ oftestatum fieri \nfacias; writ fi. fa.; testatum bill; testatum writ; latitat \n(lat-a-tat). Cf. ground writ under WRIT. \n\"But if the defendant had removed into another county, the \nnext process the plaintiff might sue out against him was \na testatum bill, directed to the sheriff thereof, which soon \ngained the name of a latitat, from that word being within \nit.\" 1 George Crompton, Practice Common Placed: Rules and \nCases ofPractice in the Courts ofKing's Bench and Common \nPleas xxxv (3d ed. 1787). \n2. The operative part of a deed by which the seller \nacknowledges the amount and receipt of the purchase \nmoney, whether or not the buyer has actually paid any \nmoney to the seller. Also termed witnessing part. \ntestatum clause. See TESTIMONIUM CLAUSE. \ntestatus (tes-tay-tas), n. [Latin] Civil law. See TESTATOR. \ntest case. See CASE. testimony \nteste (tes-tee). [Latin teste meipso \"I myself being a \nwitness\"] 1. In drafting, the clause that states the name \nof a witness and evidences the act ofwitnessing. -Also \ntermed teste o.fprocess; teste ofwrit. 2. The final clause \nin a royal writ naming the person who authorizes \nthe affixing of the king's seal.  The clause generally \ncontains the place and date of the sealing. When the \nmonarch authenticates the sealing, the clause begins \nwith the phase teste meipso (\"by my own witness\"). \nOtherwise, the authenticator states his or her name \nand office. \nteste meipso. See TESTE (2). \ntestifier. One who testifies; WITNESS. Also termed \n(archaically) testificator (tes-ta-fi-kay-tar). \ntestify, vb. (14c) 1. To give evidence as a witness <she tes\ntified that the Ford Bronco was at the defendant's home \nat the critical time>. [Cases: Witnesses (;::'224.J 2. (Of \na person or thing) to bear witness <the incomplete log \nentries testified to his sloppiness>. \ntestifying expert. See EXPERT. \ntestimonial evidence. 1. See TESTIMONY. 2. See EVI\nDENCE. \ntestimonial immunity. See IMMUNITY (3). \ntestimonial incapacity. See INCAPACITY. \ntestimonial privilege. See PRIVILEGE (1). \ntestimonial proof. See PROOF. \ntestimonium clause. (1823) A provision at the end of \nan instrument (esp. a will) reciting the date when the \ninstrument was signed, by whom it was Signed, and \nin what capacity. _ This clause traditionally begins \nwith the phrase \"In witness whereof.\" -Also termed \ntestatum clause; witness clause. Cf. ATTESTATION \nCLAUSE. [Cases; Wills C--, 111(2).] \ntestimony, n. (14c) Evidence that a competent witness \nI under oath or affirmation gives at trial or in an affida\nvit or deposition. -Also termed testimonial evidence; \npersonal evidence. [Cases; Federal Civil Procedure \n2011; Trial ~33;Witnesses ~224.J -testimonial, \nadj. \naffirmative testimony. (1806) Testimony about whether \nsomething occurred or did not occur, based on what \nthe witness saw or heard at the time and place in \nquestion. -Also termed positive testimony; (formerly) \nstatement offact. See direct evidence under EVIDENCE. \n[Cases: Evidence ~586.1 \ncumulative testimony. (1818) Identical or similar testi\nmony by more t han one witness, and usu. by several, \noffered by a party usu. to impress the jury with the \napparent weight of proof on that party's side . The \ntrial court typically limits cumulative testimony. \n[Cases: Criminal Law \\;=>675; Federal Civil Proce\ndure ~2011; Trial e:-~'56.] \ndropsy testimony. (1970) Slang. A police officer's false \ntestimony that a fleeing suspect dropped an illegal \nsubstance that was then confiscated by the police and \nused as probable cause for arresting the suspect. \n\n1614 testing clause \nDropsytestimony is sometimes given when an arrest \nhas been made without probable cause, as when illegal \nsubstances have been found through an improper \nsearch. \n\"Before [Mapp v. Ohio, 367 U.S. 643 (1961)]. the policeman \ntypically testified that he had stopped the defendant for \nlittle or no reason, searched him, and found narcotics on \nhis person. This had the ring of truth. It was an illegal \nsearch (not based upon 'probable cause'), but the eVidence \nwas admissible because Mapp had not yet been decided. \nSince it made no difference, the policeman testified truth\nfully. After, the decision in Mapp it made a great deal of \ndifference. [~l For the first few months, New York police\nmen continued to tell the truth about the circumstances \nof their searches, with the result that eVidence was sup\npressed. Then the police made the great discovery that if \nthe defendant drops the narcotics on the ground, after \nwhich the policeman arrests him, then the search is reason\nable and the evidence is admissible. Spend a few hours in \nthe New York City Criminal Court nowadays and you will \nhear case after case in which a policeman testifies that the \ndefendant dropped the narcotiCS on the ground whereupon \nthe policeman arrested him. I'll Usually the very language \nof the testimony is identical from one case to another. This \nis now known among defense lawyers and prosecutors as \n'dropsy' testimony. The judge has no reason to disbelieve \nit in any particular case, and of course the judge must \ndecide each case on its own evidence, without regard to the \ntestimony in other cases. Surely, though, not in every case \nwas the defendant unlucky enough to drop his narcotics.\" \nIrving Younger, ''The Perjury Routine,\" The Nation, May 3, \n1967, at 596-97. \nexpert testimony. See expert evidence under EVIDENCE. \nfalse testimony. (16c) Testimony that is untrue. 1his \nterm is broader than perjury, which has a state-of\nmind element. Unlike perjury, false testimony does \nnot denote a crime. Also termedfalse evidence. \ninterpreted testimony. Testimony translated because \nthe witness cannot communicate in the language of \nthe tribunal. [Cases: Witnesses \nlay opinion testimony. (I942) Evidence given by a \nwitness who is not qualified as an expert but who \ntestifies to opinions or inferences. In federal court, \nthe admiSSibility of this testimony is limited to \nopinions or inferences that are rationally based on \nthe witness's perception and that will be helpful to \na clear understanding of the witness's testimony or \nthe determination ofa fact in issue. Fed. R. Evid. 70l. \n[Cases: Criminal Law 449.1-467; Evidence (;=:. \n470-503.] \nmediate testimony. See secondary evidence under \nEVIDENCE. \nnegative testimony. See negative evidence under \nEVIDENCE. \nnonverbal testimony. (1922) A photograph, draWing, \nmap, chart, or other depiction used to aid a witness in \ntestifying. lhe witness need not have made it, but it \nmust accurately represent something that the witness \nsaw. See demonstrative evidence under EVIDENCE. \n[Cases: Criminal Law (;=:437, 438; Evidence \n358,359.] \nopinion testimony. (1925) Testimony based on one's \nbelief or idea rather than on direct knowledge of the facts at issue. Opinion testimony from either \na lay witness or an expert witness may be allowed \nin evidence under certain conditions. See opinion \nevidence under EVIDENCE. [Cases: Criminal \n448-494; Evidence (;=>470-574.] \npositive testimony. See affirmative testimony. \ntestimony de bene esse (dee bee-nee es-ee also day \nben-ay es-ay). (1805) Testimony taken because it is \nin danger ofbeing lost before it can be given at a trial \nor hearing, usu. because of the impending death or \ndeparture of the witness. Such testimony is taken \nin aid ofa pending case, while testimony taken under \na bill to perpetuate testimony is taken in anticipation \noffuture litigation. See deposition de bene esse under \nDEPOSITION. [Cases: Federal Civil Procedure (;=> 1291; \nPretrial Procedure \nwritten testimony. (17c) 1. Testimony given out ofcourt \nby deposition or affidavit.  The recorded writing, \nSigned by the witness, is considered testimony. [Cases: \nFederal Civil Procedure (;::;> 1432; Pretrial Procedure \n("}
{"text": ". [Cases: \nFederal Civil Procedure (;::;> 1432; Pretrial Procedure \n(;=:201.] 2. In some administrative agencies and \ncourts, direct narrative testimony that is reduced to \nwriting, to which the witness swears at a hearing or \ntrial before cross-examination takes place in the tra\nditional way. [Cases: Administrative Law and Proce\ndure (;=:461; Federal Civil Procedure (..'-:>2011; Trial \n(;=:33.J \ntesting clause. Scots law. The clause at the end ofa formal \nwritten instrument or deed by which it is authenticated \naccording to the forms oflaw . Traditionally, the clause \nstates the name and address of the writer, the number \nofpages in the instrument, any alterations or erasures, \nthe names and addresses ofthe witnesses, the name and \naddress ofthe person who penned the instrument, and \nthe date and place of signing. \ntestis. [Latin] Hist. A witness. Pi. testes. \ntest oath. See oath ofallegiance under OATH. \ntest paper. A writing that has been proved genuine and \nsubmitted to a jury as a standard by which to deter\nmine the authenticity of other writings. The court \ndecides the test paper's authenticity as a matter oflaw \nbefore it is used by the jury. Direct evidence, such as a \nwitness to the writing's creation or an admission by the \nparty, is preferred, but strong circumstantial evidence \nis usu. acceptable. In Pennsylvania, a paper or instru\nment shown to the jury as evidence is still called a test \npaper (sometimes written test-paper). \nTexas ballot. See BALLOT (4). \ntextbook digest. (I922) A legal text whose aim is to set \nforth the law ofa subject in condensed form, with little \nor no criticism or discussion of the authorities cited, \nand no serious attempt to explain or reconcile appar\nently conflicting decisions. \ntextual citation. See CITATION (4). \ntextualism. See strict constructionism under CONSTRUC\nTIONISM. \n\n1615 theocracy \nthalweg (tahl-vayk or -veg). (1831) 1. A line following the \nlowest part ofa (usu. submerged) valley. 2. The middle \nofthe primary navigable channel of a waterway, con\nstituting the boundary between states. Also spelled \ntalweg. Also termed midway. [Cases: States \n12.1.] \nlive thalweg. The part of a river channel that is most \nfollowed, usu. at the middle ofthe principal channel. \nLouisiana v. Mississippi, 466 U.S. 96, 104 S.Ct. 1645 \n(1984). \nThayer presumption. (1958) A presumption that allows \nthe party against whom the presumption operates to \ncome forward with evidence to rebut the presumption, \nbut that does not shift the burden ofproofto that party. \nSee James B. Thayer, A Preliminary Treatise on Evidence \n31-44 (1898). Most presumptions that arise in civil \ntrials in federal court are interpreted in this way. Fed. R. \nEvid. 301. Cf. MORGAN PRESUMPTION. [Cases: Criminal \nLaw Evidence (;:=>85, 89.] \nThe Federalist. See FEDERALIST PAPERS. \ntheft, n. (bef. 12c) 1. The felonious taking and removing \nofanother's personal property with the intent ofdepriv\ning the true owner of it; larceny. [Cases: Larceny C::> \n1.] 2. Broadly, any act or instance ofstealing, including \nlarceny, burglary, embezzlement, and false pretenses. \n Many modern penal codes have consolidated such \nproperty offenses under the name \"theft.\" Also \ntermed (in Latin) crimen furti. See LARCENY. Cf. \nROBBERY. \n\"[Tlhe distinctions between larceny, embezzlement and \nfalse pretenses serve no useful purpose in the criminal \nlaw but are useless handicaps from the standpoint of the \nadministration of criminal justice. One solution has been \nto combine all three in one section of the code under the \nname of 'larceny.' This has one disadvantage, however, \nbecause it frequently becomes necessary to add a modifier \nto make clear whether the reference is to common-law \nlarceny or to statutory larceny. To avoid this difficulty \nsome states have employed another word to designate a \nstatutory offense made up of a combination of larceny, \nembezzlement, and false pretenses. And the word used \nfor this purpose is 'theft.' 'Theft' is not the name of any \ncommon-law offense. At times it has been employed as \na synonym of 'larceny,' but for the most part has been \nregarded as broader in its general scope. Under such a \nstatute it is not necessary for the indictment charging theft \nto specify whether the offense is larceny, embezzlement \nor false pretenses.\" Rollin M. Perkins & Ronald N. Boyce, \nCriminal Law 389-90 (3d ed. 1982). \ncybertheft. See CYBERTHEFT. \nidentity theft. See IDENTITY THEFT. \npetty theft. A theft of a small quantity of cash or of \nlow-value goods or services. This offense is usu. a \nmisdemeanor. [Cases: Larceny \ntheft by deception. (1930) The use oftrickery to obtain \nanother's property, esp. by (1) creating or reinforc\ning a false impression (as about value), (2) prevent\ning one from obtaining information that would affect \none's judgment about a transaction, or (3) failing to \ndisclose, in a property transfer, a known lien or other \nlegal impediment. Model Penal Code  223. [Cases: \nFalse Pretenses 1.] theft by extortion. (1969) Larceny in which the perpe\ntrator obtains property by threatening to (1) inflict \nbodily harm on anyone or commit any other criminal \noffense, (2) accuse anyone of a criminal offense, (3) \nexpose any secret tending to subject any person to \nhatred, contempt, or ridicule, or impair one's credit \nor business reputation, (4) take or withhold action \nas an official, or cause an official to take or withhold \naction, (5) bring about or continue a strike, boycott, \nor other collective unofficial action, ifthe property is \nnot demanded or received for the benefit ofthe group \nin whose interest the actor purports to act, (6) testify \nor provide information or withhold testimony or \ninformation with respect to another's legal claim or \ndefense, or (7) inflict any other harm that would not \nbenefit the actor. Model Penal Code  223.4. Also \ntermed larceny by extortion. See EXTORTION. [Cases: \nExtortion and Threats C::>25.1.] \ntheft by false pretext. The use ofa false pretext to obtain \nanother's property. [Cases: False Pretenses C=:> 1.) \ntheft ofproperty lost, mislaid, or delivered by mistake. \n(1973) Larceny in which one obtains control of \nproperty the person knows to be lost, mislaid, or \ndelivered by mistake (esp. in the amount ofproperty \nor identity of reCipient) and fails to take reasonable \nmeasures to restore the property to the rightful owner. \nModel Penal Code  223.5. Also termed larceny of \nproperty lost, mislaid, or delivered by mistake. [Cases: \nLarceny ~-:>10.] \ntheft ofservices. (1946) The act of obtaining services \nfrom another by deception, threat, coercion, stealth, \nmechanical tampering, or using a false token or \ndevice. See Model Penal Code  223.7. \ntheftbote. (theft-boht) See BOTE (2). \ntheftuous (thef-choo-Js), adj. 1. (Of an act) character\nized by theft. 2. (Of a person) given to stealing. Also \nspelled theftous. \nthence, adv. (Bc) 1. From that place; from that time . In \nsurveying, and in describing land by courses and dis\ntances, this word, preceding each course given, implies \nthat the follOWing course is continuous with the one \nbefore it <south 240 feet to an iron post, thence west \n59 feet>. 2. On that account; therefore. \nthence down the river. (16c) With the meanders of a \nriver. This phrase appears in the field notes ofpatent \nsurveyors, indicating that the survey follows a mean\ndering river unless evidence shows that the meander \nline as written was where the surveyor in fact ran it. \nMeander lines show the general course ofthe river and \nare used in estimating acreage, but are not necessarily \nboundary lines. See MEANDER LINE. [Cases: Boundar\nies 12.] \ntheocracy (thee-ok-rJ-see). (l7c) 1. Government ofa \nstate by those who are believed to be or represent that \nthey are acting under the immediate direction ofGod \nor some other divinity. 2. A state in which power is \nexercised by ecclesiastics. \n\nTheodosian Code (thee-;:l-doh-sh;:m). Roman law. A \ncompilation of imperial enactments prepared at the \ndirection of the emperor Theodosius II and published \nin A.D. 438. The Theodosian Code replaced all other \nimperial legislation from the time of Constantine I \n(A.D. 306-337), and remained the basis of Roman law \nuntil it was superseded by the first Justinian Code in \nA.D. 529. Also termed (in Latin) Codex Theodosianus \n(koh-deks thee-d-doh-shee-ay-n<ls). \n\"As a literary work the Theodosian Code has a dismal \nreputation .... Some quaestors possessed an elegant, \npowerful, or agreeably ornate style.... Against these \nmay be set others with literary pretensions whose prose is \nponderous or marred by excessive alliteration, assonance, \npleonasm, or fondness for technical terms, or whose com\npositions are in other ways inept.\" Tony Honore, Law in the \nCrisis of the Empire 379-455 AD 21 (1998). \ntheolonio. See DE THEOLONIO. \ntheory of law. The legal premise or set of principles on \nwhich a case rests. \ntheory-of-pleading doctrine. (1956) The principle-\nnow outmoded -that one must prove a case exactly \nas pleaded . Various modern codes and rules of civil \nprocedure have abolished this strict pleading-and-proof \nrequirement. For example, Fed. R. Civ. P. 15 allows \namendment of pleadings to conform to the evidence. \nlCases: Federal Civil Procedure (;='881; Pleading \n370.] \ntheory ofthe case. (1800) A comprehensive and orderly \nmental arrangement ofprinciples and facts, conceived \nand constructed for the purpose ofsecuring a judgment \nor decree ofa court in favor ofa litigant; the particular \nline of reasoning of either party to a suit, the purpose \nbeing to bring together certain facts of the case in a \nlogical sequence and to correlate them in a way that \nproduces in the decision-maker's mind a definite result \nor conclusion favored by the advocate. See CAUSE OF \nACTION (1). \ntherapeutic abortion. See ABORTION. \ntherapeutic jurisprudence. See JURISPRUDENCE. \ntherapeutic relief. See RELIEF. \ntherapeutics. See therapeutic relie/under RELIEF. \nthereabouts, adv. (bef. 12c) Near that time or place \n<Schreuer was seen in Rudolf Place or thereabouts>. \nAlso termed thereabout. \nthereafter, adv. (bef. 12c) Afterward; later <Skurry was \nthereafter arrested>. \nthereat, adv. (bef. 12c) 1. At that place or time; there. 2. \nBecause ofthat; at that occurrence or event. \nthereby, adv. (bef. 12c) By that means; in that way \n<B1ofeld stepped into the embassy and thereby found \nprotection>. \ntherefor, adv. (bef. 12c) For it or them; for that thing or \naction; for those things or actions <she lied to Congress \nbut was never punished therefor>. \ntherefore, adv. (l4c) 1. For that reason; on that ground or \nthose grounds <a quorum was not present; therefore, no vote was taken>. 2. To that end <she wanted to become \na tax lawyer, and she therefore applied for the univer\nsity's renowned LL.M. program in taxation>. Also \ntermed thereupon. \ntherefrom, adv. (l3c) From that, it, or them <Hofer had \nseveral financial obligations to Ricks, who refused to \nrelease Hofer therefrom>. \ntherein, adv. (bef. 12c) l. In that place or time <the \nDallas/Fort Worth metroplex has a population ofabout \n3 million, and some 20,000 lawyers practice therein>. \n2. Inside or within that thing; inside or within those \nthings <there were 3 school buses with 108 children \ntherein>. 3. In that regard, circumstance, or particular \n<therein lies the problem>. \nthereinafter, adv. (1818) Later in that thing (such as a \nspeech or document) <the book's first reference was \ninnocuous, but the five references thereinafter were \nlibelous per se>. \nthereof, adv. (bef. 12c) Of that, it, or them <although \nthe disease is spreading rapidly, the cause thereof is \nunknown>. \nthereon, adv. (bef. 12c) On that or them <Michaels \nfound the online reports of the cases and relied thereon \ninstead ofchecking the printed books>. Also termed \nthereupon. \nthereto, adv. (bef. 12c) To that place, thing, issue, or the \nlike <the jury awarded $750,000 in actual damages, \nand it added thereto another $250,000 in punitive \ndamages>. -Also termed thereunto. \ntheretofore, adv. (14c) Until that time; before that time \n<theretofore, the highest award in such a case has been \n$450,000>. \nthereunder, adv. (bef. 12c) Under that or them <on the \ntop shelf were three books, and situated thereunder was \nthe missing banknote>"}
{"text": "12c) Under that or them <on the \ntop shelf were three books, and situated thereunder was \nthe missing banknote> <section 1988 was the relevant \nfee statute, and the plaintiffs were undeniably proceed\ning thereunder>. \nthereunto, adv. See THERETO. \nthereupon, adv. (l3c) 1. Immediately; without delay; \npromptly <the writ ofexecution issued from the court, \nand the sheriff thereupon sought to find the judgment \ndebtor>. 2. THEREON. 3. THEREFORE. \nthesauri inventio (thi-sawr-I in-ven-shee-oh). [Latin \n\"discovery of treasure\"] Roman law. The principle \naccording to which the finder of treasure acquires full \nor partial ownership ofit. \nthesaurus (thi-sawr-<ls), n. [Latin] Roman law. I. \nTreasure; speciL valuables that have been hidden for \nso long that the owner's identity can no longer be estab\nlished. 2. A storehouse. PI. thesauri. \nThibodaux abstention (tib-;:l-doh). See ABSTENTION. \nthief. (bef. 12c) One who steals, esp. without force \nor violence; one who commits theft or larceny. See \nTHEFT. \n\n1617 \ncommon thief. (l6c) A thief who has been convicted \nof theft or larceny more than once. -Also termed \ncommon and notorious thief. \nmanifest thief. See FUR MANIFESTUS. \nthieve, vb. (bef. 12c) To steal; to commit theft or larceny. \nSee THEFT. \nthievery. The act or practice of stealing. \nthimblerig. See SHELL GAME. \nthimbles and balls. See SHELL GAME. \nthin capitalization. See CAPITALIZATION. \nthin corporation. See CORPORATION. \nthing. (bef. 12c) 1. The subject matter of a right, whether \nit is a material object or not; any subject matter ofown\nership within the sphere of proprietary or valuable \nrights . Things are divided into three categories: (1) \nthings real or immovable, such as land, tenements, and \nhereditaments, (2) things personal or movable, such \nas goods and chattels, and (3) things having both real \nand personal characteristics, such as a title deed and \na tenancy for a term. 'Ibe civil law divided things into \ncorporeal (tangi possunt) and incorporeal (tangi non \npossunt). La. Civ. Code art. 461. [Cases: Property (';=: \n1.] \naccessory thing. A thing that stands in a dependency \nrelationship with another thing (the principal thing). \n An accessory thing ordinarily serves the economic \nor other purpose ofthe principal thing and shares its \nlegal fate in case of transfer or encumbrance. \ncorporeal thing. (17c) The subject matter of corporeal \nownership; a material object. -Also termed res cor\nporales; tangible thing. \nimmovable thing. See IMMOVABLE. \nincorporeal thing. (17c) The subject matter ofinc or po\nreal ownership; any proprietary right apart from the \nright offull dominion over a material object. Also \ntermed res incorporale; intangible thing. \nmovable thing. See MOVABLE (1). \nreal things. See REAL THINGS. \nthing in action. See chose in action under CHOSE. \nthing in possession. See chose in posseSSion under \nCHOSE. \n2. Anything that is owned by someone as part of that \nperson's estate or property. -Also termed res; chose. \nthing in action. See chose in action under CHOSE. \nthing in possession. See chose in possession under \nCHOSE. \nthings mancipi. See RES MANCIPI. \nthings nee mancipi. See RES NEC MANCIP!. \nthings personal. See personal property (1) under \nPROPERTY. \nthings real. See REAL THINGS. \nthin market. See MARKET. \nthin-skull rule. See EGGSHELL-SKULL RULE. third-party consent \nThird Amendment. The constitutional amendment, \nratified as part of the Bill of Rights in 1791, prohibit\ning the quartering of soldiers in private homes except \nduring wartime. \nthird cousin. See COUSIN. \nthird degree, n. (1900) The process of extracting a con\nfession or information from a suspect or prisoner by \nprolonged questioning, the use of threats, or physical \ntorture <the police gave the suspect the third degree>. \nthird-degree instruction. See ALLEN CHARGE. \nthird-degree murder. See MURDER. \nthird estate. Property. A landowner's right to have the \nland supported below the surface against subsidence \nwhen it is undermined by tunnels, such as those made \nfor mining operations. _ The phrase appears most fre\nquently in Pennsylvania, where the common law tra\nditionally recognizes three estates in land: the surface \n(first or surface estate), the minerals (second or mineral \nestate), and an estate in the support of the surface (the \nthird estate). The third estate originated with the com\nmon-law duty of miners to support the surface estate. \n[Cases: Mines and Minerals C=;:;55(6).] \nthird opposition. Civil law. A species of intervention, \nusu. in a real-property case, in which the third party \nasserts a claim of ownership or other real right to \nseized property, and the claim does not depend on the \noutcome of the original suit between the plaintiff and \nthe defendant. La. Code Civ. Proc. art. 1092. See, e.g., \nAtkins v. Smith, 15 So. 2d 855 (La. 1943). See INTER\nVENTION (1). \nthird party, n. (1818) A person who is not a party to \na lawsuit, agreement, or other transaction but who is \nusu. somehow implicated in it; someone other than the \nprincipal parties. Also termed outside party; third \nperson. See PARTY. [Cases: Federal Civil Procedure \n281; Parties (;:.:>49.] -third-party, adj. \nthird-party, vb. (1965) To bring (a person or entity) into \nlitigation as a third-party defendant <seeking indem\nnity, the defendant third-partied the surety>. [Cases: \nFederal Civil Procedure (;::::>281; Parties (';=:49.] \nthird-party action. See ACTION (4). \nthird-party beneficiary. See BENEFICIARY. \nthird-party-beneficiary contract. See CONTRACT. \nthird-party business-buyout agreement. See AGREE\nMENT. \nthird-party check. (1904) A check that the payee indorses \nto another party -for example, a customer check that \nthe payee indorses to a supplier. - A person who takes a \nthird-party check in good faith and without notice ofa \nsecurity interest can be a holder in due course. \nthird-party complaint. See COMPLAINT. \nthird-party consent. (1942) A person's agreement to \nofficial action (such as a search of premises) that affects \nanother person's rights or interests . To be effective \nfor a search, third-party consent must be based on the \nconsenting person's common authority over the place \n\n1618 third-party defendant \nto be searched or the items to be inspected. See COM\nMON-AUTHORITY RULE. [Cases: Searches and Seizures \nthird-party defendant. (1927) A party brought into a \nlawsuit by the original defendant. [Cases: Federal Civil \nProcedure (;=-\"'281; Parties <::=49.] \nthird-party equity lease. See leveraged lease under \nLEASE. \nthird-party insurance. See liability insurance under \nINSURANCE. \nthird-party logistical service provider. See FREIGHT \nFORWARDER. Abbr. TPL. \nthird-party plaintiff. (1857) A defendant who files a \npleading in an effort to bring a third party into the \nlawsuit. See third-party complaint under COMPLAINT. \n[Cases: Federal Civil Procedure <::=281; Parties \n49.] \nthird-party practice. See IMPLEADER. \nthird-party record-custodian summons. See John Doe \nsummons under SUMMONS. \nthird-party standing. See STANDING. \nthird person. See THIRD PARTY. \nthird possessor. Civil law. A person who acquires mort\ngaged property but is not personally bound by the obli\ngalion secured by the mortgage. [Cases: Mortgages \n277.] \nThird World. Int'llaw. l. DEVELOPING COUNTRY. 2. The \ngroup of nations (esp. in Africa and Asia) not aligned \nwith major powers, whether Western democracies (Le., \nthe First -or Free World) or countries that were \nformerly part ofthe Soviet bloc (Le., the Second World). \n Although Third World nations are often underde\nveloped, the term Third World may denote only their \npolitical rather than their economic status. \nThird World country. See DEVELOPING COUNTRY. \nThirteenth Amendment. The constitutional amendment, \nratified in 1865, that abolished slaverv and involuntarv \nservitude. [Cases: Constitutional La~C=~1l01.] , \n\"The thirteenth amendment is fairly unique in two respects. \nFirst, it contains an absolute bar to the existence of slavery \nor involuntary servitude; there is no requirement of 'state \naction.' Thus it is applicable to individuals as well as \nstates .... Secondly, like the fourteenth and fifteenth \namendments, it contains an enforcement clause, enabling \nCongress to pass all necessary legislation.\" John E. Nowak \n& Ronald D. Rotunda, Constitutional Law  15.6, at 918 \n(4th ed. 1991). \n30(b)(6) deposition. See DEPOSITION. \nthirty-day letter. (1929) A letter that accompanies a \nrevenue agent's report issued as a result of an Internal \nRevenue Service audit or the rejection of a taxpayer's \nclaim for refund and that outlines the taxpayer's appeal \nprocedure before the Internal Revenue Service . Ifthe \ntaxpayer does not request any such procedure within \nthe 30-day period, the IRS will issue a statutory notice \nofdeficiency. Cf. NINETY-DAY LETTER. [Cases: Internal \nRevenue (;::::c4542.1, 5044.] threat, n. (bef. 12c) 1. A communicated intent to inflict \nharm or loss on another or on another's property, esp. \none that might diminish a person's freedom to act vol\nuntarily or with lawful consent <a kidnapper's threats \nofviolence>. [Cases: Extortion and Threats (.;::::025.1.] \nterroristic threat. (1959) A threat to commit any \ncrime of violence with the purpose of (l) terroriz\ning another, (2) causing the evacuation ofa building, \nplace ofassembly, or facility ofpublic transportation, \n(3) causing serious public inconvenience, or (4) reck\nlessly disregarding the risk ofcausing such terror or \ninconvenience. Model Penal Code 211. See TERROR\nISM. [Cases: Extortion and Threats \n2. An indication ofan approaching menace <the threat \nof bankruptcy>. 3. A person or thing that might well \ncause harm <Mrs. Harrington testified that she had \nnever viewed her husband as a threat>. threaten, \nvb. threatening, adj. \nthreatened species. See SPECIES (1). \nthreat of continuing harm. See CONTINUING THREAT \nOF HARM. \nthreat of continuing injury. See CONTINUING THREAT \nOF HARM. \nthree estates, the. See ESTATES OF THE REALM (1). \nthreefold ordeal. See triple ordeal under ORDEAL. \n312 amendment. See amendment after allowance under \nPATENT-APPLICATION AMENDMENT. \n341 meeting. See creditors' meeting under MEETING. \nthree-judge court. See COURT. \nthree-mile limit. The distance ofone marine league or \nthree miles offshore, usu. recognized as the limit ofter\nritorial jurisdiction. [Cases: International Law:::::=:5.] \nthree-step test. Copyright. An analysis of an infringe\nment defense under TRIPs and the Berne Convention, \nlooking at whether the defendant's use of a protected \nwork (1) is inherently limited to special cases, (2) did \nnot conflict with the owner's normal exploitation ofthe \nwork, and (3) did not unreasonably prejudice the legiti\nmate interests of the owner . The test is analogous to \nthe analysis under the fair-use doctrine in U.S. law. \nthree-strikes law. (1984) Slang. A statute prescribing \nan enhanced sentence, esp. life imprisonment, for a \nrepeat offender's third felony conviction . About half \nthe states have enacted a statute of this kind. -Also \ntermed three-strikes-and-you're-out law. [Cases: Sen\ntencing and Punishment (;::::c 1200-1219.] \nthree wicked sisters. Slang. The three doctrines \ncontributory negligence, the fellow-servant rule, and \nassumption of the risk used by 19th-century courts \nto deny recovery to workers injured on the job. \n\"These three common law defenses, contributory negli \ngence, fellow servant rule, and assumption of the risk, \nbecame known as the 'three wicked sisters,' because of \ntheir preclusive effect on the ability of injured workers to \nrecover.... By precluding application of the traditional \nrespondeat superior concept for acts of fellow servants and \nby presuming that workers assumed the risks associated \nwith their employment, courts made it extremely difficult \n\n1619 tiered partnership \nfor employees to recover from their employers for the \nincreasing number of work-related injuries .... By the late \n18005, courts began to recognize the harsh results gener\nated by rote application of the fellow servant, assumption \nof the risk, and contributory negligence doctrines.\" Mark A. \nRothstein et aI., Employment Law  7.2, at 404 (1994). \nthreshold. Parliamentary law. The number or proportion \nof votes needed for election. \nthreshold confession. See CONFESSION. \nthrift institution."}
{"text": "law. The number or proportion \nof votes needed for election. \nthreshold confession. See CONFESSION. \nthrift institution. See SAVINGS-AND-LOAN ASSOCIA\nTION. \nthrough bill oflading. See BILL OF LADING. \nthrough lot. A lot that abuts a street at each end. \nthrough rate. The total shipping cost when two or more \ncarriers are involved. _ The carriers agree in advance \non a through rate, which is typically lower than the sum \nof the separate rates. [Cases: Carriers (;::::> 12(2),29.) \nthrowaway, n. Slang. 1. An unemancipated minor whose \nparent or caregiver has forced him or her to leave home. \n2. A runaway whose parent or caregiver refuses to allow \nhim or her to return home. Cf. RUNAWAY. \nthrowback rule. (1972) Tax. l. In the taxation oftrusts, \na rule requiring that an amount distributed in any tax \nyear that exceeds the year's distributable net income \nmust be treated as ifit had been distributed in the pre\nceding year. -The beneficiary is taxed in the current \nyear although the computation is made as ifthe excess \nhad been distributed in the previous year. If the trust \ndid not have undistributed accumulated income in the \npreceding year, the amount ofthe throwback is tested \nagainst each of the preceding years. IRC (26 USCA) \n 665-66S. [Cases: Internal Revenue (;::::>4019.] 2. A \ntaxation rule requiring a sale that would otherwise be \nexempt from state income tax (because the state to \nwhich the sale would be assigned for apportionment \npurposes does not have an income tax, even though \nthe seller's state does) to be attributed to the seller's \nstate and thus subjected to a state-level tax. _ This rule \napplies only if the seller's state has adopted a throw\nback rule. \nthrow out, vb. (1817) To dismiss (a claim or lawsuit). \nthrust-upon conflict. See CONFLICT OF INTEREST. \nthumbprint. See FINGERPRINT. \nticket, n. 1. A certificate indicating that the person to \nwhom it is issued, or the holder, is entitled to some right \nor privilege <she bought a bus ticket for Miami>. 2. \nCITATION (2) <he got a speeding ticket last week>. 3. \nBALLOT (2) <they all voted a straight-party ticket>. \nticket of leave. Archaic. The English equivalent of \nparole. \nticket-of-leave man. A convict who has obtained a ticket \nofleave. \nticket speculator. A person who buys tickets and then \nresells them for more than their face value; in slang, a \nscalper. See SCALPER (1). \ntidal, adj. Affected by or having tides. _ For a river to be \n\"tidal\" at a given spot, the water need not necessarily be salt, but the spot must be one where the tide, in \nthe ordinary and regular course of things, flows and \nreflows. \ntide. The rising and falling of seawater that is produced \nby the attraction of the sun and moon, uninfluenced \nby special winds, seasons, or other circumstances that \ncreate meteorological and atmospheric meteorological \ntides; the ebb and flow of the sea. -Tides are used to \nmeasure a shore's upland boundary. \nlower low tide. The lowest point of the daily tide. \nmean high tide. lhe average ofall high tides, esp. over \na period of 18.6 years. Also termed ordinary high \ntide. \nmean lower low tide. The average of lower low tides \nover a fixed period. \nmean low tide. Ihe average of all low tides both low \nand lower low over a fixed period. \nneap tide (neep). A tide, either high tide or low tide, \nthat is lower than average because it occurs during \nthe first or last quarter of the moon, when the sun's \nattraction partly counteracts the moon's. \nordinary high tide. See mean high tide. \nspring tide. A tide, either high tide or low tide, that is \nhigher than average because it occurs during the new \nmoon and full moon. \ntideland. (ISc) Land between the lines of the ordinary \nhigh and low tides, covered and uncovered successively \nby the ebb and flow of those tides; land covered and \nuncovered by the ordinary tides. [Cases: Navigable \nWaters (;::::>36(3).] \ntidesman. English law_ A customhouse officer appointed \nto watch or attend upon ships until the customs are \npaid. - A tidesman boards a ship at its arrival in the \nmouth of the Thames and comes up with the tide. See \nCUSTOMHOUSE. \ntidewater. (lSc) Water that falls and rises with the ebb \nand flow of the tide. -The term is not usu. applied to \nthe open sea, but to coves, bays, and rivers. \ntideway. (ISc) Land between high-and low-water marks. \n[Cases: Navigable Waters (;::::> 36(3).) \ntie, n. 1. An equal number of votes for two candidates \nin an election. [Cases: Elections C:::;23S.] 2. An equal \nnumber of votes cast for and against a particular \nmeasure by a legislative or deliberative body. -In the \nU.S. Senate, the Vice President has the deciding vote \nin the event of a tie. U.S. Const. art.!,  3. See tie vote \nunder VOTE. \ntied product. See TYING ARRANGEMENT (1). \ntied service. See TYING ARRANGEMENT (1). \ntie-in arrangement. See TYING ARRANGEMENT. \ntiempo inhabil. Hist. Louisiana law. The time at which \na person becomes insolvent. \ntiercear. See TERCER. \ntiered partnership. See PARTNERSHIP. \n\ntie vote. See VOTE (3). \nTIF. abbr. TAX-INCREMENT FINANCING. \ntight, adj. Slang. (Of a note, bond, mortgage, lease, etc.) \ncharacterized by summary and stringent clauses pro\nviding the creditor's remedies in case ofdefault. \nTILA. abbr. Truth in Lending Act. See CONSUMER CREDIT \nPROTECTIO:>l ACT. [Cases: Consumer Credit \ntillage (til-ij), n. (1Sc) A place tilled or cultivated; land \nunder cultivation as opposed to land lying fallow or \nin pasture. \ntill-tapping. (1893) Slang. Theft of money from a cash \nregister. \ntimber easement. See EASEMENT. \ntimber lease. See LEASE. \ntimber rights. See timber easement under EASEMENT. \ntime. (bef. 12c) 1. A measure of duration. 2. A point in \nor period ofduration at or during which something is \nalleged to have occurred. 3. Slang. A convicted crimi\nnal's period ofincarceration. \ndead time. (1909) Time that does not count for a par\nticular purpose, such as time not included in calculat\ning an employee's wages or time not credited toward \na prisoner's sentence. -The time during which a \nprisoner has escaped, for example, is not credited \ntoward the prisoner's sentence. Also termed nonrun \ntime. [Cases: Labor and Employment (::::;2311; Sen\ntencing and Punishment (::::; 1155-1182.] \nearned time. A credit toward a sentence reduction \nawarded to a prisoner who takes part in activities \ndesigned to lessen the chances that the prisoner will \ncommit a crime after release from prison. -Earned \ntime, which is usu. awarded for taking educational \nor vocational courses, working, or participating in \ncertain other productive activities, is distinct from \ngood time, which is awarded simply for refraining \nfrom misconduct. Cf. good time. [Cases: Prisons (::::; \n243.] \nflat time. (1943) A prison term that is to be served \nwithout the benefit oftime-reduction allowances for \ngood behavior and the like. \ngood time. (1886) 'Ihe credit awarded to a prisoner for \ngood conduct, which can reduce the duration of the \nprisoner's sentence. Cf. GOOD BEHAVIOR; earned time. \n[Cases: Prisons \njail-credit time. See TAIL CREDIT. \nnonrun time. See dead time. \nstreet time. The time that a convicted person spends \non parole or on other conditional release. _ If the \nperson's parole is revoked, this time mayor may not \nbe credited toward the person's sentence, depending \non the jurisdiction and the particular conditions of \nthat person's parole. See dead time. \ntime agreement. 1. A pact made by the party leaders \nin the U.S. Senate to limit the time allowed for debate on a bill or amendment. 2. See UNANIMOUS-CONSENT \nAGREEMENT. \ntime arbitrage. See ARBITRAGE. \ntime-bar, n. (1881) A bar to a legal claim arising from the \nlapse ofa defined length of time, esp. one contained in \na statute oflimitations. [Cases: Limitation of Actions \n-time-barred, adj. \ntime-bargain. See FUTURES CONTRACT. \ntime bill. See time draft under DRAFT. \ntime certain. 1. A definite, specific date and time. Cf. \nDATE CERTAI~. 2. Parliamentary law. A specified time \nor condition for which a matter's consideration is \nscheduled or to which its consideration is postponed. \nSee postpone definitely under POSTPONE (3); speCial \norder under ORDER (4). \ntime charter. See CHARTER (8). \ntime check. See TIMESHEET. \ntime deposit. See DEPOSIT (2). \ntime draft. See DRAFT. \ntime immemorial. (17c) 1. A point in time so far back \nthat no living person has knowledge or proof contra\ndicting the right or custom alleged to have existed since \nthen. -At common law, that time was fixed as the year \n1189, the year that Henry II of England died. -Also \ntermed time out ofmemory; time out ofmind; time of \nmemory. 2. A point in time beyond which legal memory \ncannot go. See LEGAL MEMORY. 3. A very long time. \ntime insurance. See INSURANCE. \ntime is of the essence. See OF THE ESSENCE. \ntime-is-of-the-essence clause. Contracts. A contrac\ntual provision making timely performance a condi\ntion. [Cases: Contracts (::::;211; Vendor and Purchaser \nCr'='78.] \ntime letter ofcredit. See LETTER OF CREDIT. \ntime loan. See term loan under LOAN. \ntime note. See NOTE (1). \ntime of memory. Archaic. See TIME IMMEMORIAL (1). \ntime option. See OPTION (2). \ntime order. See ORDER (8). \ntime out ofmemory. See TIME IMMEMORIAl.. \ntime out ofmind. See TIME IMMEMORIAl.. \ntime-place-or-manner restriction. (1974) Constitu\ntionallaw. A government's limitation on when, where, \nor how a public speech or assembly may occur, but not \non the content of that speech or assembly. -As long \nas such restrictions are narrowly tailored to achieve a \nlegitimate governmental interest, they do not violate \nthe First Amendment. Also written time, place, or \nmanner restriction. Also termed time-place-and\nmanner restriction. See PUBLIC FORUM. \ntime policy. See INSURANCE POLICY. \ntime-price differential. 1. A figure representing the \ndifference between the current cash price ofan item \n\n1621 \nand the total cost of purchasing it on credit. [Cases: \nConsumer Credit C=>4: Usury C=32.) 2. The dif\nference between a seller's price for immediate cash \npayment and a different price when payment is made \nlater or in installments. \ntime-price doctrine. The rule that ifa debt arises out of \na purchase and sale, the usury laws do not apply . If \na higher price is charged for a deferred payment than \nfor an immediate payment, the difference between the \ntime price and the cash price is deemed compensation \nto the seller for the risk that the buyer will default and \nfor the interest that the seller could have earned on an \nimmediate payment. Because the buyer can usu. choose \nto postpone a purchase and save up the cash price, \nthe buyer does not have the same status as a needy \nborrower who must deal with a potentially predatory \nlender. [Cases: Usury (;:::~~32.1 \ntime-sharing, n. (1976) Joint ownership or rental of \nproperty (such as a vacation condominium) by several \npersons who take turns occupying the property. - Also \ntermed time-share. [Cases: Estates in Property C=>l.] \ntime-share, vb. \ntimesheet. (1970) 1. An employee's record oftime spent \non the job. 2. An attorney's daily record ofbill able and \nnon billable hours, used to generate clients' bills. Also \ntermed (formerly) time check. See BILLABLE HOUR. \ntime-shifting. The practice of recording a broadcast for \nviewing at a later time . Time-shifting was found to \nbe a noninfringing fair use of videotape recorders in \nSony Corp. v. Universal Studios, Inc., 464 U.S. 417, 104 \nS.Ct. 774 (1984). [Cases: Copyrights and Intellectual \nProperty (::::>67.1.] \ntime unity. See unity oftime under UNITY. \ntime value. The price associated with the length of \ntime that an investor must wait until an investment \nmatures or the related income is earned. Cf. YIELD TO \nMATURITY. \ntimocracy (tI-mok-ra-see). (15c) 1. An aristocracy of \nproperty: government by propertied, relatively rich \npeople. 2. A government in which the rulers' primary \nmotive is the love ofhonor. \nTIN. abbr. See TAX-IDENTIFICATION NUMBER. \ntin parachute. An employment-contract provision that \ngrants a corporate employee (esp. one below the execu\ntive level) severance benefits in the event ofa takeover. \n These benefits are typically less lucrative than those \nprovided under a golden parachute. -Also termed \nsilver parachute. Cf. GOLDEN PARACHUTE."}
{"text": "under a golden parachute. -Also termed \nsilver parachute. Cf. GOLDEN PARACHUTE. \ntip, n. 1. A piece of special information; esp., in securi\nties law, advance or inside information passed from one \nperson to another. See INSIDE INFORMATION: INSIDER \nTRADING. [Cases: Securities Regulation (;::::J60.28(2).) \n2. A gratuity for service given . Tip income is taxable. \nIRC (26 USCA)  6l(a). [Cases: Internal Revenue C'=' \n3163: Taxation C~3455.1 \ntippee. \tSecurities. A person who acquires material \nnonpublic information from someone in a fidUciary tithe of agistment \nrelationship with the company to which that infor\nmation pertains. [Cases: Securities Regulation C=> \n60.28(5).] \ntipper. Securities. A person who is in a fiduciary relation\nship with a company that the person possesses material \ninside information about, and who selectively discloses \nthat information for trading or other personal purposes \n<the tippee traded 5,000 shares after her conversation \nwith the tipper>. [Cases: Securities Regulation \n60.28(5).] \ntippling house. See PUBLIC HOUSE. \nTIPS. abbr. See TIPS bond under TREASURY BOND. \ntipstaff. A court crier. The name derives from the \ncrier's former practice of holding a staff tipped with \nsilver as a badge of office. See CRIER. [Cases: Courts \nC=>58.] PI. tipstaves, tipstaifs. \ntip-stave. See SERVITOR OF BILLS. \ntithe (Bth), n. 1. A tenth of one's income, esp. in ref\nerence to a religiOUS or charitable gift or obligation. \n[Cases: Religious Societies 2. Hist. A small tax \nor assessment, esp. in the amount ofone-tenth. -tithe, \nvb. tithable, adj. \n\"A tithe was the right of a rector to a tenth part of the \nproduce of all the land in his parish. In some cases a rector \nwas an individual, while in others the rectory was vested in \na monastery, which appointed a vicar to perform the neces\nsary eccleSiastical duties 'vicariously' for the monastery. \nOn the dissolution of the monasteries in the reign of Henry \nVIII many rectories passed into the royal hands and were \ngranted to laymen; the result was that the right to tithes in \nmany cases passed into lay hands. Like advowsons, tithes \nwere deemed to be land in which the various estates could \nexist.\" Robert E. Megarry & P.V. Baker, A Manual of the Law \nof Real Property415 (4th ed. 1969). \ngreat tithe. (usu. pI.) A tithe paid in kind and there\nfore considered more valuable than other tithes . \nThe great tithes often consisted of corn, peas, beans, \nhay, and wood. \nmixed tithes. A tithe consisting of a natural product, \nsuch as milk or wool, obtained or cultivated by human \neffort. \n\"A second species of incorporeal hereditaments is that of \ntithes ... the first species being usually called predial, as \nof corn, grass, hops, and wood; the second mixed, as of \nwool, milk, pigs, etc., consisting of natural products, but \nnurtured and preserved in part by the care of man; and of \nthese the tenth must be paid in gross; the third personal, as \nof manual occupations, trades, fisheries, and the like; and \nof these only the tenth part of the clear gains and profits \nis due.\" 2 William Blackstone, Commentaries on the Laws \nofEngland 24 (1766). \npersonal tithe. A tithe ofprofits from manual occupa\ntions or trades. \npredial tithe. A tithe ofcrops (such as corn). -Also \nspelled praedial tithe. \nvicarial tithe (vI-kair-ee-al). A small tithe payable to \na vicar. \ntithe of agistment (;:)-jist-m;:)nt). Hist. A church-levied \ncharge on grazing land. The tithe was paid by the \n\noccupier ofthe land rather than the person whose cattle \ngrazed on the land. See AGISTMENT. \ntithing. See DECENARY. \nTitius heres esto (Ush-ee-as heer-eez es-toh). [Latin] \nRoman law. Let Titius be my heir. The phrase was \nthe testamentary form for appointing an heir. Titius \nwas a fictitious name often used by way of example in \nlegal writing, esp. in forms. \ntitle. (15c) 1. lhe union of all elements (as ownership, \npossession, and custody) constituting the legal right to \ncontrol and dispose ofproperty; the legal link between \na person who owns property and the property itself \n<no one has title to that land>. Cf. OWNERSHIP; pos\nSESSION. 2. Legal evidence of a person's ownership \nrights in property; an instrument (such as a deed) that \nconstitutes such evidence <record your title with the \ncounty clerk>. \n\"Though employed in various ways, [title] is generally \nused to describe either the manner in which a right to real \nproperty is acquired, or the right itself. In the first sense, it \nrefers to the conditions necessary to acquire a valid claim \nto land; in the second, it refers to the legal consequences \nof such conditions. These two senses are not only inter\nrelated, but inseparable: given the requisite conditions, the \nlegal consequences or rights follow as of course; given the \nrights, conditions necessary for the creation of those rights \nmust have been satisfied. Thus, when the word 'title' is \nused in one sense, the other sense is necessarily implied.\" \nKent McNeil, Common Law Aboriginal Title 10 (1989). \naboriginal title. 1. Land ownership, or a claim ofland \nownership, by an indigenous people in a place that has \nbeen colonized. -Also termed native title. 2. INDIAN \nTITLE. [Cases: Indians C= 151.] \nabsolute title. (17c) An exclusive title to land; a title \nthat excludes all others not compatible with it. See \nfee simple absolute under FEE SIMPLE. [Cases: Estates \nin Property \nadverse title. (18c) A title acquired by adverse posses\nsion. See ADVERSE POSSESSION. [Cases: Adverse Pos\nsession C=106.] \nafter-acqUired title. (1810) Title held by a person who \nbought property from a seller who acquired title only \nafter purporting to sell the property to the buyer. \nSee AFTER-ACQUIRED-TITLE DOCTRINE. Cf. title by \nestoppel. [Cases: Vendor and Purchaser C='8.] \napparent title. See COLOR OF TITLE. \nbad title. 1. See defective title, 2. See unmarketable \ntitle. \nclear title. (17c) 1. A title free from any encumbrances, \nburdens, or other limitations. [Cases: Vendor and \nPurchaser 130(2), 133.] 2. See marketable title. \nAlso termed good title, \ndefeasible title. (17c) A title voidable on the occur\nrence ofa contingency, but not void on its face, [Cases: \nEstates in Property C='6.] \ndefective title. (17c) A title that cannot legally convey \nthe property to which it applies, usu. because ofsome \nconflicting claim to that property. Also termed bad \ntitle. [Cases: Vendor and Purchaser C='129.] derivative title. (l7c) 1. A title that results when an \nalready existing right is transferred to a new owner. \n2. The general principle that a transteree of property \nacquires only the rights held by the transferor and no \nmore. [Cases: Vendor and Purchaser C='210.J \ndormant title. (17c) A title in real property held in \nabeyance. \ndoubtful title. (l7c) A title that exposes the party \nholding it to the risk of litigation with an adverse \nclaimant. See unmarketable title. [Cases: Vendor and \nPurchaser C=' 129(1), l30(2).] \nequitable title. (17c) A title that indicates a beneficial \ninterest in property and that gives the holder the right \nto acquire formal legal title . Before the Statute of \nUses (1536), an equitable title was enforceable only in \na court ofchancery, not oflaw. Cf. legal title. [Cases: \nVendor and Purchaser \ngood title. (16c) 1. A title that is legally valid or effective. \n[Cases: Vendor and Purchaser C::) l30(2), 133.] 2. See \nclear title (1). 3. See marketable title. \nimperfect title. (18c) A title that requires a further \nexercise of the granting power to pass land in fee, or \nthat does not convey full and absolute dominion. \nIndian title. See INDIAN TITLE. \njust title. In a case of prescription, a title that the pos\nsessor received from someone whom the possessor \nhonestly believed to be the real owner, provided that \nthe title was to transfer ownership of the property. \n[Cases: Adverse Possession C=:>69.] \nlegal title. (l7c) A title that evidences apparent owner\nship but does not necessarily signify full and complete \ntitle or a beneficial interest.  Before the Statute of \nUses (1536), a legal title was enforceable only in a \ncourt oflaw, not chancery. Cf. equitable title, [Cases: \nVendor and Purchaser C=:>54.] \nlucrative title. Civil law. A title acquired without giving \nanything in exchange for the property; title by which \na person acquires anything that comes as a clear gain, \nas by gift, descent, or devise. -Because lucrative title \nis usu. acquired by gift or inheritance, it is treated as \nthe separate property ofa married person. Cf. onerous \ntitle. \nmarketable title. (ISc) A title that a reasonable buyer \nwould accept because it appears to lack any defect \nand to cover the entire property that the seller has \npurported to sell; a title that enables a purchaser to \nhold property in peace during the period of owner\nship and to have it accepted by a later purchaser who \nemploys the same standards ofacceptability. -Also \ntermed good title; merchantable title; clear title. [Cases: \nVendor and Purchaser C'::> 130.] \n\"One definition of a marketable title which has been put \nforward repeatedly is one free from all reasonable doubt. \nStated another way, a marketable title is one which does \nnot contain any manner of defect or outstanding interest \nor claim which may conceivably operate to deieat or impair \nthe interest which is bargained for and is intended to be \nconveyed. This negative concept of marketability has \nbecome an implied invitation for courts to declare titles \n\n1623 \nunmarketable if an examiner has entertained any doubt \nwhatever with respect to them. The digests attest the \npainful truth that claims of a bygone era cling like bar\nnacles to land titles and encumber them long after they \nshould have been scraped clean .... We need to replace \nthis negative approach by a positive one which will make \nthe marketability of titles depend solely upon their state \nduring some recent interval oftime rather than upon their \nentire history.\" Paul E. Basye, Clearing Land Titles  371, \nat 539 (1953). \nnative title. See aboriginal title (1). \nnonmerchantable title. See unmarketable title. \nonerous title (on-;Jr-<}s). 1. Civil law. A title acquired \nby giving valuable consideration for the property, as \nby paying money or performing services. 2. A title to \nproperty that is acquired during marriage through a \nspouse's skill or labor and is therefore treated as com\nmunity property. Cf.iucrative title. \noriginal title. A title that creates a right for the first \ntime. \n\"The catching of fish is an original title of the right of own \nership, whereas the purchase of them is a derivative title. \nThe right acquired by the fisherman is newly created; it did \nnot formerly exist in anyone.\" John Salmond, Jurisprudence \n345 (Glanville L Williams ed., 10th ed. 1947). \npaper title. See record title. \nparamount title. (I8c) 1. Archaic. A title that is the \nsource of the current title; original title. 2. A title \nthat is superior to another title or claim on the same \nproperty. \nparticular title. Civil law. A title acquired from an \nancestor by purchase, gift, or inheritance before or \nafter the ancestor's death. \nperfect title. 1. FEE SIMPLE. 2. A grant of land that \nrequires no further act from the legal authority to \nconstitute an absolute title to the land. 3. A title that \ndoes not disclose a patent defect that may require a \nlawsuit to defend it. 4. A title that is good both at law \nand in equity. 5. A title that is good and valid beyond \nall reasonable doubt. \npresumptive title. (17c) A title of the lowest order, \narising out of the mere occupation or simple posses\nsion of property without any apparent right, or any \npretense of right, to hold and continue that posses\nsion. \nrecord title. (18c) A title as it appears in the public \nrecords after the deed is properly recorded. Also \ntermed title ofrecord; paper title. [Cases: Vendor and \nPurchaser C= 132, 231(1).] \nsingular title. (17c) The title by which one acquires \nproperty as a Singular successor. \ntax title. (1831) A title to land purchased at a tax sale. \n[Cases: Taxation C=::>3060-3082.] \ntitle by descent. (l7c) A title that one acquires by law as \nan heir ofthe deceased owner. \ntitle by devise. (1819) A title created by will. \ntitle by estoppel. Title acquired from a person who did \nnot have title at the time of a purported conveyance title \nwith a warranty but later acquired the title, which \nthen inures to the benefit of the grantee. Cf. after\nacquired title. \ntitle by prescription. (17c) A title acquired by prescrip\ntion. See PRESCRIPTION (5). [Cases: Adverse Posses\nsion C=:106.] \ntitle defective in form"}
{"text": "RESCRIPTION (5). [Cases: Adverse Posses\nsion C=:106.] \ntitle defective in form. (1836) A title for which some \ndefect appears on the face of the deed, as opposed to \na defect that arises from circumstances or extrinsic \nevidence. _ Title defective in form cannot be the basis \nofprescription. See PRESCRIPTION (5). [Cases: Vendor \nand Purchaser C=129.] \ntitle ofentry. (16c) The right to enter upon lands. \ntitle ofrecord. See record title. \nuniversal title. (17c) A title acquired by a conveyance \ncausa mortis of a stated portion of all the conveyor's \nproperty interests so that on the conveyor's death the \nrecipient stands as a universal successor. \nunmarketable title. (l8c) A title that a reasonable buyer \nwould refuse to accept because ofpossible contlicting \ninterests in or litigation over the property. - Also \ntermed bad title; unmerchantable title; nonmerchant\nable title. [Cases: Vendor and Purchaser C=130(2).] \n3. The heading of a statute or other legal document <the \ntitle ofthe contract was \"Confidentiality Agreement\">. \n[Cases: Contracts Statutes C;::;) 109.2.] \ngeneral title. A statute's name that broadly and com\nprehenSively identifies the subject matter addressed \nby the legislature. Cf. restrictive title. [Cases: Statutes \nC=109.2.] \nlong title. The full, formal title of a statute, usu. con\ntaining a brief statement oflegislative purpose. \n\"The first Acts of Parliament did not have titles. The first \ntime that an Act of Parliament was given a title was about \n1495. Even when the long title came to be added to each \nAct of Parliament as a matter of course, as it did from \nabout 1513, the long title was not regarded as part of the \nAct of Parliament itself. Today, however, the position is \ndifferent: the long title is part of the Act of Parliament.\" \nD.J. Gifford & John Salter, How to Understand an Act of \nParliament 19 (1996). \n\"Because Parliament's clerks, rather than Parliament, \nprovided the titles of acts, the traditional rule has been that \nthe title could not be used for interpretive purposes .... \nThis is no longer the practice in most English-speaking \njurisdictions, for the long title, and often a short title as \nwell, are part of the legislative bill from the very beginning. \nIn the United States, most state constitutions require the \nlegislative enactment to have a title that gives accurate \nnotice of the contents of the law.\" William N. EskridgeJr. & \nElizabeth Garett, Legislation 831 (2001). \nshort title. The abbreviated title ofa statute by which it \nis popularly known; a statutory nickname. \n4. A subdivision ofa statute or code <Title IX>. \nrestrictive title. A statute's name that narrowly identi\nfies the particular subject matter addressed by the leg\nislature. Cf. general title. [Cases: Statutes C=::> 109.2.] \n5. The name by which a court case or other legal pro\nceeding is distinguished from others; STYLE (1).6. An \nappellation of office, dignity, or distinction <after the \n\ntitle, abstract of 1624 \nelection, he bore the title of mayor for the next four \nyears>. \ntitle, abstract of. See ABSTRACT OF TITLE. \ntitle, action to quiet. See action to quiet title under \nACTION (4). \ntitle, chain of. See CHAIN OF TITLE. \ntitle, cloud on. See CLOUD ON TITLE. \ntitle, color of. See COLOR OF TITLE. \ntitle, covenant for. See covenant for title under COVENANT \n(4). \ntitle, document of. See DOCUMENT OF TITLE. \ntitle, indicia of. See INDICIA OF TITLE. \ntitle, muniment of. See MUNIMENT OF TITLE. \ntitle, root of. See ROOT OF TITLE. \ntitle, warranty of. See warranty oftitle under WARRANTY \n(2). \nTitle VII ofthe Civil Rights Act of 1964. A federal law \nthat prohibits employment discrimination and harass\nment on the basis of race, sex, pregnancy, religion, \nand national origin, as well as prohibiting retaliation \nagainst an employee who opposes illegal harassment or \ndiscrimination in the workplace. -This term is often \nreferred to simply as Title VII. 42 USCA  2000e et \nseq. [Cases: Civil Rights C=1l02.] \nTitle IX of the Educational Amendments of 1972. A \nfederal statute generally prohibiting sex discrimination \nand harassment by educational facilities that receive \nfederal funds . This term is often referred to simply as \nTitle IX. 20 USCA  1681 et seq. Civil Rights \nC=1067.] \ntitle clearance. The removal ofimpediments to the mar\nketability ofland, esp. through title examinations. \ntitle company. See COMPANY. \ntitle deed. See DEED. \ntitle division. Archaic. A common-law system for \ndividing property acquired during marriage upon the \ndissolution of the marriage, the divisions being based \non who holds legal title to the property. Under title \ndivision, when a marriage ends in divorce, property \npurchased during the marriage is awarded to the \nperson who holds title to the property. Cf. COMMUNITY \nPROPERTY; EQUITABLE DISTRIBUTION. \ntitle-guaranty company. See title company under \nCOMPANY. \ntitle insurance. See INSURANCE. \ntitle jurisdiction. See TITLE THEORY. \ntitle member. See name partner under PARTNER. \ntitle-object clause. See CLAUSE. \ntitle ofentry. See TITLE (2). \ntitle ofrecord. See record title under TITLE (2). \ntitle ofright. (1917) A court-issued decree creating, trans\nferring, or extinguishing rights . Examples include a \ndecree ofdivorce or judicial separation, an adjudication of bankruptcy, a discharge in bankruptcy, a decree of \nforeclosure against a mortgagor, an order appointing or \nremoving a trustee, and a grant ofletters ofadministra\ntion. In all the examples listed, the judgment operates \nnot as a remedy but as a title ofright. \ntitle opinion. See OPINION (2). \ntitle registration. (1971) A system of registering title \nto land with a public registry, such as a county clerk's \noffice. See TORRENS SYSTEM. [Cases: Records ~--:>9.] \ntitle retention. (1936) A form oflien, in the nature ofa \nchattel mortgage, to secure payment of a loan given to \npurchase the secured item. [Cases: Chattel Mortgages \n(;='1.] \ntitle search. (1965) An examination of the public records \nto determine whether anv defects or encumbrances \nexist in a given property's ~hain oftitle. A title search \nis typically conducted by a title company or a real-estate \nlawyer at a prospective buyer's or mortgagee's request. \n[Cases: Abstracts of Title 1-3; Vendor and Pur\nchaser C~231(2).1 \ntitle standards. (1938) Criteria by which a real-estate \ntitle can be evaluated to determine whether it is defec\ntive or marketable. Many states, through associations \nofconveyancers and real-estate attorneys, still adhere \nto title standards. [Cases: Abstracts of Title 1-3; \nVendor and Purchaser (;=>130(2).] \ntitle state. See TITLE THEORY. \ntitle theory. (1907) Property law. The idea that a mortgage \ntransfers legal title of the property to the mortgagee, \nwho retains it until the mortgage has been satisfied or \nforeclosed. -Only a few American states -known \nas title states, title jurisdictions, or title-theory jurisdiC\ntions -have adopted this theory. Cf. LIEN THEORY. \n[Cases: Mortgages (;=> 136.] \ntitle transaction. (1939) A transaction that affects title \nto an interest in land. \ntitle unity. See unity oftitle under UNITY. \ntitulo lucrativo, qui titulus est post contractum debitum \n(tkh-a-Ioh loo-kra-tl-voh, kWI tich-a-Ias est pohst bn\ntrak-tam deb-i-tam). [Law Latin] Hist. By a lucrative \ntitle, which occurs after the contracting of debt. \ntitulo singular; (tich-a-loh sing-gy<l-lair-I). [Law Latin] \nHist. Bya singular title . Those acquiring property by \nmeans other than succession held the property under \na titulus singularis. \ntitulo universali (tich-a-Ioh yoo-ni-v<lr-say-h). [Law \nLatin] Hist. By a universal title . An heir succeeding \nto an ancestor's estate held title titulo universali. \ntitulus transferendi (tich-a-Ias trans-fdr-en-dI). [Law \nLatin] Hist. The legal title for transferring. Also \nspelled titulus transferrendi. Cf. MODUS TRANSFER\nENOL \nTM. abbr. TRADEMARK . Typically used as a superscript \nafter a mark (TM), it signals only that someone claims \nownership ofthe mark; it does not mean that the mark \nis registered. \n\n1625 \nTMEP. abbr. TRADEMARK MANUAL OF EXAMINING PRO-\nCEDl:RE. \nT-note. abbr. TREASURY NOTE. \ntocher. Scots law. Dowry. \nto-have-and-to-hold clause. See HABENDUM CLAUSE \n(1). \ntoken, n. (bef. 12c) 1. A sign or mark; a tangible evidence \nof the existence of a fact. 2. A sign or indication ofan \nintention to do something, as when a buyer places a \nsmall order with a vendor to show good faith with a \nview toward later placing a larger order. 3. A coin or \nother legal tender. _ Although token most commonly \nrefers to a piece of metal, the term may also denote a \nbill or other medium ofexchange. \nfalse token. A counterfeit coin, bill, or the like. \ntoleration, n. 1. The act or practice of permitting or \nenduring something not wholly approved of; the act \nor practice of allowing something in a way that does \nnot hinder. 2. The allowance of opinions and beliefs, \nesp. religious ones, that differ from prevailing norms. \n3. Archaic. Legal permission or authorization; LICENSE \n(1). -tolerate, vb. \ntoll, n. 1. A tax or due paid for the use of something; \nesp., the consideration paid either to use a public road, \nhighway, or bridge, or to maintain a booth for the sale \nof goods at a fair or market. [Cases: Bridges \nTurnpikes and Toll Roads 2. A right to collect \nsuch a tax or due. 3. The privilege of being free from \nsuch a tax or due. 4. A charge for a long-distance tele\nphone call. [Cases: Telecommunications ~'-;)9S0.] \ntoll, vb. (15c) 1. To annul or take away <toll a right of \nentry>. 2. (Of a time period, esp. a statutory one) to stop \nthe running of; to abate <toll the limitations period>. \nSee EQUITABLE TOLLING. 3. Hist. To raise or collect a \ntax or due for the use of something. \ntollage (toh-lij). 1. Payment of a tolL 2. Money charged \nor paid as a toll. 3. 'Ibe liberty or franchise of charging \na toll. \ntolling agreement. (1934) An agreement between a \npotential plaintiff and a potential defendant by which \nthe defendant agrees to extend the statutory limitations \nperiod on the plaintiff's claim, usu. so that both parties \nwill have more time to resolve their dispute without \nlitigation. [Cases: Limitation ofActions C:=:'o 14.] \ntolling statute. (1899) A law that interrupts the running \nof a statute oflimitations in certain situations, as when \nthe defendant cannot be served with process in the \nforum jurisdiction. [Cases: Limitation of Actions \n43-138.] \ntoIt (tohlt). Hist. A writ for removing a case pending in \na court baron to a county court. -Also termed writ of \ntolt. See COURT BARON; county court under COURT. \n\"Where the disputed interest in the land was not a fee held \nof the king in chief but a fee held of a 'mesne lord' the writ \nwas directed to him bidding him do full right between the \nparties in the matter of the land in question under pain \nof the case being removed from his court to the sheriff's \ncourt if he failed to do justice. This removal was effected Torrens system \n(if necessary) by the process known as 'tolt' under which a \nsheriff on a complaint to him in his county court of a failure \nof the lord to do justice ordered his bailiff to attend the \nlord's court and take away the plaint into the county court.\" \nGeoffrey Radcliffe & Geoffrey Cross, The English Legal \nSystem 38 (G.J. Hand & D.j. Bentley eds., 6th ed. 1977). \ntombstone. Securities. An advertisement (esp. in a news\npaper) for a public securities offering, describing the \nsecurity and identifying the sellers. -The term gets its \nname from the ad's traditional black border and plain \nprint. Also termed tombstone advertisement; tomb\nstone ad. Cf. PROSPECTUS. \nton. A measure of weight fixed at either 2,000 pounds \navoirdupois or 20 hundredweights, each hundred\nweight being 112 pounds avoirdupois. [Cases: Weights \nand Measures C:=:'o3.] \nlong ton. Twenty long hundredweight (2,240 pounds), \nor 1.016 metric tons. \nshort ton. Twenty short hundredweight (2,000 pounds), \nor 0.907 metric tons. \nton mile. In transportation, a measure equal to the trans\nportation ofone ton offreight one mile. \ntonnage (tan-ij). 1. The capacity of a vessel for carrying \nfreight or other loads, calculated in tons. -Also \ntermed net tonnage. [Cases: Shipping C:=:'o7.J2. The total \nshipping t"}
{"text": "Also \ntermed net tonnage. [Cases: Shipping C:=:'o7.J2. The total \nshipping tonnage of a country or port. 3. See tonnage \nduty under DUTY (4). \ntonnage duty. See DUTY (4). \ntonnage-rent. A rent reserved by a mining lease or \nsimilar transaction, consisting of a royalty on every \nton of minerals extracted from the mine. [Cases: Mines \nand Minerals C:=:'o70.J \ntonnage tax. See tonnage duty under DUTY (4). \ntonsure. Hist. The shaving of a person's (usu. a cleric's) \nhead. -Serjeants-at-law supposedly wore coifs to \nconceal their shaved heads. \ntontine (ton-teen or ton-teen), n. 1. A financial arrange\nment in which a group of participants share in the \narrangement's advantages until all but one has died or \ndefaulted, at which time the whole goes to that survivor. \n[Cases: Insurance C:=:'o2441.] 2. A financial arrange\nment in which an entire sum goes to the contributing \nparticipants still alive and not in default at the end of \na specified period. \ntontine policy. See INSURANCE POLICY. \ntop-hat pension plan. See PENSION PLAN. \ntop lease. See LEASE. \ntop management. See MANAGEMENT. \ntopographical survey. See SURVEY. \ntorpedo doctrine. See ATTRACTIVE-NUISANCE DOC\nTRINE. \nTorrens system (tor-anz or tahr-anz). (1863) A system \nfor establishing title to real estate in which a claimant \nfirst acquires an abstract of title and then applies to \na court for the issuance of a title certificate, which \nserves as conclusive evidence of ownership. -1his \n\ntort 1626 \nsystem named after Sir Robert Torrens, a 19th\ncentury reformer of Australian land laws has been \nadopted in the United States by several counties with \nlarge metropolitan areas. -Also termed Torrens title \nsystem. See CAVEAT (3). [Cases: Records ~J9.] \ntort (tort). (16c) 1. A civil wrong, other than breach of \ncontract, for which a remedy may be obtained, usu. in \nthe form of damages; a breach of a duty that the law \nimposes on persons who stand in a particular relation \nto one another. [Cases; Torts (;:::: 106.] 2. (pl.) The \nbranch oflaw dealing with such wrongs. \n'To ask concerning any occurrence 'Is this a crime or is it a \ntort?' is to borrow Sir James Stephen's apt illustration \nno wiser than it would be to ask concerning a man 'Is he a \nfather or a son?' For he may well be both.\"J.W. Cecil Turner, \nKenny's Outlines of Criminal Law 543 (16th ed. 1952). \n\"We may ... define a tort as a civil wrong for which the \nremedy is a common-law action for unliquidated damages, \nand which is not exclusively the breach of a contract or the \nbreach of a trust or other merely equitable obligation.\" \nR.F.V. Heuston, Salmond on the Law of Tons 13 (17th ed. \n1977). \n\"It might be possible to define a tort by enumerating the \nthings that it is not. It is not crime, it is not breach of \ncontract, it is not necessarily concerned with property \nrights or problems of government, but is the occupant of \na large residuary field remaining if these are taken out of \nthe law. But this again is illusory, and the conception of a \nsort of legal garbage-can to hold what can be put nowhere \nelse is of no help. In the first place, tort is a field which \npervades the entire law, and is so interlocked at every point \nwith property, contract and other accepted classifications \nthat, as the student of law soon discovers, the categories \nare quite arbitrary. In the second, there is a central theme, \nor basis or idea, running through the cases of what are \ncalled torts, which, although difficult to put into words, \ndoes distinguish them in greater or less degree from other \ntypes of cases.\" W. Page Keeton et aI., The Law ofTorts  1, \nat 2-3 (5th ed. 1984). \nbusiness tort. A tort that impairs some aspect of an \neconomic interest or business relationship and causes \neconomic loss rather than property damage or bodily \nharm. Business torts include tortious interference \nwith contractual relations, intentional interfer\nence with prospective economic advantage, unfair \nbusiness practices, misappropriation oftrade secrets, \nand product disparagement. [Cases: Antitrust and \nTrade Regulation (;::::410; Libel and Slander~) 130; \nTorts G-'-:::>2 11 , 241.] \nconstitutional tort. (1966) A violation ofone's consti\ntutional rights by a government officer, redressable \nby a civil action filed directly against the officer . A \nconstitutional tort committed under color of state law \n(such as a civil-rights violation) is actionable under 42 \nUSCA  1983. Sometimes (informally) shortened \nto contort. [Cases: Civil Rights 1304.] \ndignitary tort (dig-n;:Hair-ee). (1996) A tort involv\ning injury to one's reputation or honor.  In the few \njurisdictions in which courts use the phrase dignitary \ntort (such as Maine), defamation is commonly cited \nas an example. -Also (erroneously) termed digna\ntory tort. environmental tort. A tort involving exposure to dis\nagreeable or harmful environmental conditions or \nharm to and degradation of an environment (e.g., the \npouring of acid on golf greens). _ An environmen\ntal tort is usu. harmful to land rather than people, \nthough people may find it unpleasant (e.g., odors from \na landfill). By contrast, toxic torts involve exposure \nto harmful substances that cause personal physical \ninjury or disease. Cf. toxic tort. \ngovernment tort. (1945) A tort committed by the gov\nernment through an employee, agent, or instrumen\ntality under its controL -The tort mayor may not be \nactionable, depending on whether the government is \nentitled to sovereign immunity. A tort action against \nthe U.S. government is regulated by the Federal Tort \nClaims Act, while a state action is governed by the \nstate's tort claims act. See FEDERAL TORT CLAIMS \nACT; sovereign immunity under IMMt:NITY (1). [Cases: \nMunicipal Corporations (;::::723.] \nintentional tort. (1860) A tort committed by someone \nacting with general or specific intent. -Examples \ninclude battery, false imprisonment, and trespass to \nland. Also termed willful tort. Cf. NEGI.IGENCE. \n[Cases: Torts (;:::: liS.] \nmarital tort. A tort by one spouse against the other . \nSince most jurisdictions have abolished interspousal \ntort immunity, courts have had to decide which tort \nclaims to recognize between married persons. Among \nthose that some, but not all, courts have chosen to \nrecognize are assault and battery, including claims \nfor infliction of sexually transmitted disease, and \nintentional and negligent infliction of emotional \ndistress. Also termed domestic tort. Cf. husband\nwife immunity under IMMUNITY. [Cases: Husband \nand Wife (;::::53, 205(2).] \nmaritime tort. Any tort within the admiralty jurisdic\ntion. [Cases: Admiralty (;::~17.] \nmass tort. (1940) A civil wrong that injures many \npeople. Examples include toxic emissions from a \nfactory, the crash of a commercial airliner, and con\ntamination from an industrial-waste-disposal site. \nCf. toxic tort. \nnegligent tort. (1865) A tort committed by failure to \nobserve the standard of care required by law under \nthe circumstances. See NEGLIGENCE. \npersonal tort. (17c) A tort involving or consisting in \nan injury to one's person, reputation, or feelings, as \ndistinguished from an injury or damage to real or \npersonal property. [Cases: Torts (;::::425.] \npreconception tort. A tort that is committed before the \nvictim has been conceived. \nprenatal tort, (1960) 1. A tort committed against a \nfetus. -Ifborn alive, a child can sue for injuries result\ning from tortious conduct predating the child's birth. \n[Cases: Death 15; Infants (;::::72(2).] 2. Loosely, \nany of several torts relating to reproduction, such as \nthose giving rise to wrongful-birth actions, wrongful\n\n1627 \nlife actions, and wrongful-pregnancy actions. [Cases: \nHealth <>686, 687.1 \nprima facie tort (prI-m<l fay-shee-ee or -shee or -sh<l). \n(1938) An unjustified, intentional infliction of harm \non another person, resulting in damages, by one or \nmore acts that would otherwise be lawful. _ Some \njurisdictions have established this tort to provide a \nremedy for malicious deeds -esp. in business and \ntrade contexts -that are not actionable under tradi\ntional tort law. [Cases: Torts C=,155.] \nproperty tort. (1898) A tort involving damage to \nproperty. [Cases: Torts C=:C429.] \npublic tort. (1949) A minor breach ofthe law (such as a \nparking violation) that, although it carries a criminal \npunishment, is considered a civil offense rather than \na criminal one because it is merely a prohibited act \n(malum prohibitum) and not inherently reprehensible \nconduct (malum in se). -Also termed civil offense. Cf. \ncivil wrong under WRONG; public delict under DELICT. \n[Cases: Criminal Law <>26, 27.J \nquasi-tort. (1809) A wrong for which a nonperpetrator \nis held responsible; a tort for which one who did not \ndirectly commit it can nonetheless be found liable, \nas when an employer is held liable for a tort com\nmitted by an employee. -Also spelled quasi tort. \nSee vicarious liability under LIABILITY; RESPONDEAT \nSUPERIOR. \nsanctions tort. See SANCTIONS TORT. \ntoxic tort. (1979) A civil wrong arising from exposure \nto a toxic substance, such as asbestos, radiation, or \nhazardous waste . A toxic tort can be remedied by a \ncivil lawsuit (usu. a class action) or by administrative \naction. Cf. mass tart; environmental tort. [Cases: Neg\nligence <>306; Products Liability <>201, 217.] \nwillful tort. See intentional tart. \ntortfeasor (tort-fee-z<lr). (I7c) One who commits a tort; \na wrongdoer. \nconcurrent tortfeasors. (1921) Two or more tortfea\nsors whose simultaneous actions cause injury to a \nthird party. Such tortfeasors are jointly and sev\nerally liable. [Cases: Negligence (:::-.>421, 484; Torts \n<>134, 135.] \nconsecutive tortfeasors. (1955) Two or more tortfea\nsors whose actions, while occurring at different times, \ncombine to cause a single injury to a third party. \nSuch tortfeasors are jointly and severally liable. \njoint tortfeasors. (1822) Two or more tortfeasors who \ncontributed to the claimant's injury and who may be \njoined as defendants in the same lawsuit. See jOint and \nseveral liability under LIABILITY. [Cases: Negligence \ne='484; Torts <>134, 135.J \nsuccessive tortfeasors. (1954) Two or more tortfeasors \nwhose negligence occurs at different times and causes \ndifferent injuries to the same third party. [Cases: \nDamages (~34.] \ntortious (tor-sh<ls), ad). (l6c) 1. Constituting a tort; \nwrongful <tortious conduct>. [Cases: Torts total \n106, 107.] 2. In the nature of a tort <tortious cause of \naction>. \ntortious act. See ACT (2). \ntortious battery. See BATTERY (2). \ntortious conduct. See CONDUCT. \ntortious interference with a business advantage. See \nTORTIOUS INTERFERENCE WITH PROSPECTIVE ADVAN\nTAGE. \ntortious interference with contractual relations. (1954) \nA third party's intentional inducement of a contract\ning party to break a contract, causing damage to the \nrelationship between the contracting parties. Also \ntermed unlawful interference with contractual relations; \ninterference with a contractual relationship; interfer\nence with contract; inducement of breach ofcontract; \nprocurement of breach ofcontract. [Cases: Labor and \nEmployment <>903-914; Torts <>212.J \ntortious interference with economic relations. See \nTORTIOUS INTERFERENCE WITH PROSPECTIVE ADVAN\nTAGE. \ntortious interference with prospective advantage. \n(1973) An intentional, damaging intrusion on another's \npotential business relationship, such as the opportunity \nofobtaining customers or employment. -Also termed \ninterference with a business relationship; tortious inter\nference with a business advantage; tortious interference \nwith economic relations. [Cases: Torts (;::=>213.] \ntortious liability. See LIABILITY. \ntort-of-another doctrine. Torts. The principle that a \nparty who must bring or defend an action against a \nthird person based on a tort committed by another \nperson is entitled to seek litigation-related damages \nfrom that other person. [Cases: Damages \ntort reform. (1974) A movement to reduce the amount of \ntort litigation, usu. involving legislation that restricts \ntort remedies or that caps damages awards (esp. for \npunitive damages) . Advocates of tort reform argue \nthat it lowers insurance and healthcare costs and \nprevents windfalls, while opponents contend that it \ndenies plaintiffs the recovery they deserve for their \ninjuries"}
{"text": "\nprevents windfalls, while opponents contend that it \ndenies plaintiffs the recovery they deserve for their \ninjuries. \ntorture, Yl. (16c) The intliction ofintense pain to the body \nor mind to punish, to extract a confession or informa\ntion, or to obtain sadistic pleasure. -torture, vb. \n\"By torture I mean the Infliction of physically founded suf\nfering or the threat immediately to inflict it, where such \ninfliction or threat is intended to elicit, or such infliction is \nincidental to means adopted to elicit, matter of intelligence \nor forensiC proof and the motive is one of military, civil, or \neccleSiastical interest.\" James Heath, Torture and English \nLaw3 (1982). \ntorture by proxy. See extraordinary rendition under \nRENDITION. \ntorture flight. See extraordinary rendition under REN\nDITION. \ntotal, adj. (14c) 1. Whole; not divided; full; complete. 2. \nUtter; absolute. \n\ntotal assignment. See ASSIGNMENT (2). \ntotal breach. See BREACH OF CONTRACT. \ntotal disability. See DISABILITY (2). \ntotal-disability insurance. See general-disability insur\nance under INSURANCE. \ntotal eviction. See EVICTION. \ntotal failure ofconsideration. See FAILURE OF CONSID\nERATION. \ntotal incorporation. See INCORPORATION. \ntotality-of-the-circumstances test. (1959) Criminal pro\ncedure. A standard for determining whether hearsay \n(such as an informant's tip) is sufficiently reliable to \nestablish probable cause for an arrest or search warrant. \n Under this test -which replaced Aguilar-Spinelli's \ntwo-pronged approach -the reliability ofthe hearsay is \nweighed by focusing on the entire situation as described \nin the probable-cause affidavit, and not on anyone \nspecific factor. Illinois v. Gates, 462 U.S. 213, 103 S.Ct. \n2317 (1983). Cf. AGUILAR-SPINELLI TEST. [Cases: Arrest \n(;=J63.4(7); Searches and Seizures (;=J 115.1.] \ntotal loss. See LOSS. \ntotal-offset rule. Torts. A theory of damages holding \nthat the eroding effect of inflation offsets the accrual \nof interest on an award and makes it unnecessary to \ndiscount future damages to their present value. [Cases: \nDamages (;=J226.] \ntotal repudiation. See REPUDIATION. \ntota re perspecta (toh-t;J ree p;Jr-spek-t;J). [Latin] Hist. \nThe whole matter being taken into account or consid\nered. -Also termed tota materia perspecta. \ntotidem verbis. [Latin] In so many words. \ntoties quoties (toh-shee-eez kwoh-shee-eez or toh-sheez \nkwoh-sheez). [Latin] Hist. As often as. \ntoto caelo (toh-toh see-Ioh), adv. [Latin \"by the whole \nextent ofthe heavens\"] As far as possible; diametrically \n<the parties differ with each other toto caelo>. \ntoto genere (toh-toh jen-;J-ree). [Latin] Hist. In their \nwhole character; entirely. \nTotten trust. See TRUST. \ntouch, vb. Marine insurance. To stop at a port, usu. for a \nbrief period. [Cases: Insurance (;=J3059.] \ntouch and stay. Marine insurance. A right, granted by \nan insurer to an insured vessel, to stop and remain at \ncertain designated points in the course of the voyage. \n A vessel that has the power to touch and stay at a \nplace must confine itself strictly to the terms ofthe per\nmission given, and any deviation during a stay -for \nexample, by shipping or landing goods -will discharge \nthe underwriters, unless the vessel has permission to \ntrade as well as to touch and stay. [Cases: Insurance \n(;=J3059.] \nTouhy regulations. The rules governing procedures for \ndocument production by federal agencies for purposes \nof litigation. 28 C.P.R. 16.21 et seq . The term comes \nfrom United States ex reI. Touhy v. Ragen, 340 U.S. 462, 71 S.Ct. 416 (1951). In that case, an FBI agent refused \nto produce certain records under a subpoena duces \ntecum because a departmental regulation expressly \nstated that the Attorney General was the only person \nwith authority to produce the documents. The United \nStates Supreme Court upheld the regulation's validity. \n[Cases: Witnesses (;=J 16.] \ntout court (too koor), adv. [French \"simply, without qual\nification\"] Very briefly; without explanation. \ntout ensemble (toot on-son-bl;J), n. [French \"all together\"] \nThe overall visual effect of a design; general effect . \nThe phrase denotes a way of comparing two designs, \nby looking at the total impact rather than comparing \nindividual design elements. That is the technique used \nin determining whether a design infringes someone's \ntrade-dress rights, or if a design-patent application \nshows a novel and nonobvious change from existing \ndesigns. Although the phrase is adverbial in French, \nit is typically used as a noun in English. See ANTIDIS\nSECTION RULE. \ntouting, n. The solicitation ofbusiness by highly recom\nmending a security or product, esp. when the recom\nmendation's basis is largely puffery. \ntout temps prist et encore prist. [Law French] Common\nlaw pleading. The clause in a plea of tender stating that \nthe pleader is and always has been ready to pay. See \nPLEA OF TENDER. \ntowage (toh-ij), n. 1. The act or service of towing ships \nand vessels, usu. by means ofa small vessel called a tug. \n[Cases: Towage (;=J 1.] 2. The charge for such a service. \n[Cases: Towage (;=J5.] \ntoward, adj. 1. In the direction of; on a course or line \nleading to (some place or something). 2. Coming soon; \nnot long before. \nto wit (too wit), adv. (14c) Archaic. That is to say; namely \n<the district attorney amended the complaint to \ninclude embezzlement, to wit, \"stealing money that the \ncompany had entrusted to the accused \">. -Sometimes \nspelled to-wit; towit. \ntown. 1. A center of population that is larger and more \nfully developed than a village, but that (traditionally \nspeaking) is not incorporated as a city. [Cases: Towns \n(;=J 1.] 2. The territory within which this population \nlives. 3. Collectively, the people who live within this \nterritory. Cf. CITY. \n\"A town is a precinct anciently containing ten families, \nwhereupon in some countries they are called tithings, \nwithin one of which tithings every man must be dwelling, \nand find sureties for his good behaviour, else he that taketh \nhim into his house is to be amerced in the leet.\" Sir Henry \nFinch, Law, or a Discourse Thereof 80 (1759). \ntown-bonding act. A law authorizing a town, county, \nor other municipal corporation to issue its corporate \nbonds for the purpose ofaiding in construction, often \nofrailroads. -Also termed town-bonding law. [Cases: \nTowns (;=J52.] \ntown clerk. See CLERK (1). \n\n1629 trade deficit \ntown collector. A town officer charged with collecting \nthe taxes assessed by a town. [Cases: Towns C=>59.] \ntown commissioner. See COMMISSIONER. \ntown crier. Hist. A town officer responsible for making \nproclamations related to town business. \ntown hall. A building that houses the offices ofa town's \ngovernment. [Cases: Towns (;::'35.] \ntownhouse. A dwelling unit having usu. two or three \nstories and often connected to a similar structure by \na common wall and (particularly in a planned-unit \ndevelopment) sharing and owning in common the sur\nrounding grounds. -Also termed townhome. \ntown meeting. 1. A legal meeting of a town's qualified \nvoters for the administration of local government \nor the enactment of legislation . Town meetings of \nthis type are common in some New England states. \n[Cases: Towns 2. More generally, any assembly \nofa town's citizens for the purpose of discussing politi\ncal, economic, or social issues. 3. Modernlv, a televised \nevent in which one or more politicians m'eet and talk \nwith representative citizens about current issues. \ntown order. An official written direction by the auditing \nofficers ofa town, directing the treasurer to pay a sum \nofmoney. -Also termed town warrant. [Cases: Towns \n~';>50.1 \ntown purpose. A municipal project or expenditure that \nconcerns the welfare and advantage of the town as a \nwhole. [Cases: Towns 046(1).] \ntownship. 1. In a government survey, a square tract six \nmiles on each side, containing thirty-six square miles \nofland. 2. In some states, a civil and political subdivi\nsion of a county. Abbr. tp. [Cases: Municipal Cor\nporations (;::'6.] \ntownship trustee. See TRUSTEE (1). \ntownsite. A portion of the public domain segregated by \nproper authority and procedure as the site for a town. \ntown treasurer. An officer responsible for maintaining \nand disbursing town funds. [Cases: Towns e:.Y 30.] \ntown warrant. See TOWN ORDER. \ntoxic, adj. Having the character or producing the effects \nof a poison; produced by or resulting from a poison; \npoisonous. -Also termed toxical. [Cases: Environ\nmental Law C=:>413.] \ntoxicant (tok-si-bnt), n. (1879) A pOison; a toxic agent; \nany substance capable of producing toxication or poi\nsoning. \ntoxic asset. See troubled asset under ASSET. \ntoxicate, vb. Archaic. To poison. See INTOXICATION. \ntoxic convert. See DEATH-SPIRAL DEAL. \ntoxicology (tok-si-kol-a-jee). (18c) The branch of \nmedicine that concerns poisons, their effects, their \nrecognition, their antidotes, and generally the diag\nnosis and therapeutics of poisoning; the science of \npoisons. -toxicological (tok-si-ka-loj-i-k.,J), adj. \ntoxic tort. See TORT. toxic waste. See WASTE (2). \ntoxin, n. (1886) 1. Broadly, any pOison or toxicant. 2. As \nused in pathology and medical jurisprudence, any dif\nfusible alkaloidal substance -such as the ptomaines, \nabrin, brucin, or serpent venoms and esp. the poi\nsonous products ofdisease-producing bacteria. \ntp. abbr. TOWNSHIP. \nTPL. abbr. Third-party logistical service provider. See \nFREIGHT FORWARDER. \nTPPM. abbr. TANGIBLE-PERSONAL-PROPERTY MEMO\nRANDUM. \nTPR. abbr. TERMINATION OF PARENTAL RIGHTS. \ntraces, n. See retrospectant evidence under EVIDENCE. \ntracing, n. (16c) 1. The process of tracking property's \nownership or characteristics from the time ofits origin \nto the present <tracing the vehicle's history> . Parties \nin a divorce will be expected to trace the origins of \nproperty in existence at the time ofmarital dissolution \nin order to characterize each asset as separate or marital \nproperty (or as community property in some states). \nAlso termed tracing offunds; tracing ofproperty. Cf. \nCOMMI::-<GLE. 2. 'Ihe act of discovering and follOWing \na person's actions or movements <tracing the robber's \nsteps>. \ntract. (14c) A specified parcel ofland <a 40-acre tract>. \ntract index. See INDEX (1). \ntractusfuturi temporis (trak-tJs fyoo-t[y]oor-I tern-pd\nris). [Latin] Hist. A tract offuture time. \ntrade, n. (14c) 1. The business of buying and selling or \nbartering goods or services; COMMERCE. \ninland trade. Trade wholly carried on within a country, \nas distinguished from foreign commerce. \nprecarious trade. Int'llaw. Trade by a neutral country \nbetween two belligerent powers, allowed to exist at \nthe latter's sufferance. \n2. A transaction or swap. 3. A business or industry \noccupation; a craft or profession. -trade, vb. \ntrade acceptance. See ACCEPTANCE (4). \ntrade agreement. 1. An agreement such as the North \nAmerican Free Trade Agreement between two or \nmore nations concerning the buying and selling of \neach nation's goods. [Cases: Customs Duties 10.] \n2. COLLECTIVE-BARGAINING AGREEMENT. \ntrade and commerce. Every business occupation carried \non for subsistence or profit and involving the elements \nof bargain and sale, barter, exchange, or traffic. \nTrade and Development Program. See UNITED STATES \nTRADE AND DEVELOPMENT AGENCY. \ntrade association. See ASSOCIATION. \ntrade council. A central labor union; the central orga\nnization ofa local trade union. -Also termed trades \ncouncil. See UNION. \ntrade defamation. See DEFAMATION. \ntrade deficit. See DEFICIT. \n\n1630 trade discount \ntrade discount. See DISCOUNT. \ntrade disparagement. The common-law tort ofbelittling \nsomeone's business, goods, or services with a remark \nthat is false or misleading but not necessarily defama\ntory. To succeed at the action, a plaintiff must prove \nthat (1) the defendant made the disparaging remark; \n(2) the defendant either intended to injure the business, \nknew the statement was false, or recklessly disregarded \nwhether it was true; and (3) the statement resulted in \nspecial damages to the plaintiff, usu. by passing off. \nAlso termed commercial disparagement; product dis\nparagement; injurious false"}
{"text": "to the plaintiff, usu. by passing off. \nAlso termed commercial disparagement; product dis\nparagement; injurious falsehood. Cf. trade defamation \nunder DEFAMATION. [Cases: Antitrust and Trade Regu\nlation C=-->25.] \ntrade dispute. 1. Int'llaw. A dispute between two or \nmore countries arising from tariff rates or other matters \nrelated to international commerce. 2. Labor law. A \ndispute between an employer and employees over pay, \nworking conditions, or other employment-related \nmatters. An employee who leaves during a trade \ndispute is not entitled to benefits under the Unemploy\nment Insurance Act. \ntrade dollar. Hist. A United States dollar coin, made \nof silver, issued from 1873 to 1878 for use in foreign \ntrade, esp. in eastern Asia. A trade dollar was legal \ntender within the U.S. until 1876 when the coin's silver \ncontent fell to less than one dollar. From 1878 to 1885, \ntrade dollars were minted only in proof sets, then dis\ncontinued. \ntrade draft. See DRAFT. \ntrade dress. Trademarks. The overall appearance and \nimage in the marketplace of a product or a commer\ncial enterprise . For a product, trade dress typically \ncomprises packaging and labeling. For an enterprise, \nit typically comprises design and decor. Ifa trade dress \nis distinctive and nonfunctional, it may be protected \nunder trademark law. -Also termed get-up; look and \nfeel. [Cases: Trademarks (;:::J1061.] \n\"The 'trade dress' of a product is essentially its total image \nand overall appearance. It 'involves the total image of a \nproduct and may include features such as size, shape, color \nor color combinations, texture, graphics, or even particular \nsales techniques.'\" Two Pesos, Inc. v. Taco Cabana, Inc., 505 \nU.S. 763, 765 n.l, 1125.0.2755,2755 n.l (1992). \ntrade embargo. See EMBARGO (3). \ntrade fixture. See FIXTURE. \ntrade gap. See trade deficit under DEFICIT. \ntrade guild. See GUILD (1). \ntrade libel. Trade defamation that is written or recorded. \nSee LIBEL; trade defamation under DEFAMATION; DIS\nPARAGEMENT (3). Cf. trade slander under SLANDER. \n[Cases: Libel and Slander l30.) \ntrademark, n. (1838) 1. A word, phrase, logo, or other \ngraphic symbol used by a manufacturer or seller to dis\ntinguish its product or products from those of others. \n The main purpose of a trademark is to deSignate \nthe source of goods or services. In effect, the trade\nmark is the commercial substitute for one's signature. To receive federal protection, a trademark must be (1) \ndistinctive rather than merely descriptive or generic; (2) \naffixed to a product that is actually sold in the market\nplace; and (3) registered with the U.S. Patent and Trade\nmark Office. In its broadest sense, the term trademark \nincludes a servicemark. Unregistered trademarks are \nprotected under common-law only, and distinguished \nwith the mark \"TM.\" -Often shortened to mark. Cf. \nSERVICEMARK. [Cases: Trademarks 1021.} 2. The \nbody oflaw dealing with how businesses distinctively \nidentify their products. Abbr. TM. See LANHAM \nACT. Cf. SERVICEMARK; registered trademark; BRAND; \nTRADENAME. \n\"The protection of trademarks is the law's recognition \nof the psychological function of symbols. If it is true that \nwe live by symbols, it is no less true that we purchase \ngoods by them. A trade-mark is a merchandising short \ncut which induces a purchaser to select what he wants, or \nwhat he has been led to believe he wants. The owner of \na mark exploits this human propensity by making every \neffort to impregnate the atmosphere of the market with \nthe drawing power of a congenial symbol. Whatever the \nmeans employed, the aim is the same to convey through \nthe mark, in the minds of potential customers, the desir\nability ofthe commodity upon which it appears. Once this \nis attained, the trade-mark owner has something of value. \nIf another poaches upon the commercial magnetism of the \nsymbol he has created, the owner can obtain legal redress.\" \nMishawaka Rubber & Woolen Mfg. Co. v, 5.S. Kresge Co. 316 \nU.s. 203, 205, 62 S.Ct. 1022, 1024 (1942) (Frankfurter,j.). \n\"A trademark functions on three different levels: as an \nindication of origin or ownership, as a guarantee of con\nstancy of the quality or other characteristics of a product \nor service, and as a medium of advertisement. Thus, a \ntrademark guarantees, identifies, and sells the product \nor service to which it refers. These three facets of a \ntrademark -of differing importance at different times, \nin different lines of business and for different products \nor services ---are somewhat correlative. The classical \nfunction, that of identification, has been primarily respon \nsible for molding the development of trademark law. The \nsignificance of the guarantee function has been somewhat \nexaggerated, while the implications of the advertisement \nfunction still await full recognition in the law.\" 3 Rudolf \nCall mann. The Law ofUnfair Competition, Trademarks and \nMonopolies  17.01, at 2 (4th ed. 1998). \nabandoned trademark. A mark whose owner has dis\ncontinued using it and has no intent to resume using \nit in the ordinary course oftrade, or has allowed it to \nbecome a generic term or otherwise to lose its dis\ntinctive Significance . Under  45 of the Lanham \nAct, nonuse of a mark for three consecutive years is \nprima facie evidence of abandonment. The owner \nofan abandoned mark has no trademark rights to \nexclude others from using it. -Also termed aban\ndoned mark. [Cases; Trademarks 1155.} \narbitrary trademark. A trademark containing common \nwords that do not describe or suggest any characteris\ntic ofthe product to which the trademark is assigned. \n Because arbitrary marks are neither descriptive \nnor suggestive ofthe goods or services in connection \nwith which they are used, they are inherently distinc\ntive, require no proofofsecondary meaning, and are \nentitled to strong legal protection. A name that would \nbe generic ifused with one product may be arbitrary \nifused with another. For example, \"Bicycle\" may be \n\n1631 trademark \nregistered to identify playing cards, but it could not \nbe protected as a mark to identify bicycles. Also \ntermed arbitrary mark; arbitrary name. [Cases: Trade \nRegulation C::::; 1039.] \ncertification trademark. A word, symbol, or device \nused on goods or services to certify the place of \norigin, material, mode of manufacture, quality, or \nother characteristic. See 15 USCA  1127. Also \ntermed certification mark. Cf. collective trademark. \n[Cases: Trademarks ~~1066.] \ncoined trademark. See fanciful trademark. \ncollective trademark. (1941) A trademark or service\nmark used by an association, union, or other group \neither to identify the group's products or services \nor to signify membership in the group. -Collec\ntive marks such as \"Realtor\" or \"American Peanut \nFarmers\" -can be federally registered under the \nLanham Act. Also termed collective mark. Cf. cer\ntification trademark. [Cases: Trademarks (;:::: 1067.] \nCommunity trademark. A trademark registered with \nthe European Union Trademark Office and recog\nnized in all EU countries. Also termed Community i \nmark. [Cases: Trademarks ~J1261.] \ncomposite trademark. (bm-poz-it mahrk). A trade\nmark or servicemark made up of several words that \nform a distinctive whole, even if the individual words \nare ordinary. _ Advertising slogans are often pro\ntectable as composite marks. A trademark registrant \ncan establish ownership in the whole mark, but must \ndisclaim ownership in any unregistrable parts. . \nAlso termed composite mark; hybrid mark; hybrid I \ntrademark. (Cases: Trademarks C::::;' 1058.] \ncounterfeit trademark. A spurious mark that is identi\ncal to, or substantially indistinguishable from, a reg\nistered trademark. 15 USCA  1116(d)(l)(B). -Also \ntermed counterfeit mark. [Cases: Trademarks \n1432, 1787.] \ndescriptive trademark. A trademark that is a meaning\nful word in common usage or that merely describes \nor suggests a product. -This type of trademark is \nentitled to protection only if it has acquired dis\ntinctiveness over time. Also termed descriptive \nmark; weak mark; weak trademark. See SECONDARY \nMEANING. [Cases: Trademarks C~1035.] \n'The bar against descriptive marks simply reflects the \nrequirement of distinctiveness. 15 U.S,C.A.  1052(e)(l). \nIt often is said that a mark should not be analyzed in a \npiecemeal fashion. Instead, the mark as a whole must be \ntested for descriptiveness or secondary meaning. A mark \nthat merely describes a product cannot possibly distin\nguish one producer from another. As an obvious example, \n'apple' would be a descriptive name for that frUit, and, as \na mark, would serve only to confuse the consumer, for it \nwould tell nothing about the different origins of a selection \nof apples produced by different producers. Moreover, to \nallow an owner to pre-empt the term 'apple' would afford \nthe owner a monopoly of something that is necessary to \ndescribe the goods for sale.\" Arthur R. Miller & Michael \nH. Davis, Intellectual Property: Patents, Trademarks, and \nCopyright in a Nutshell 163 (2d ed. 1990). disparaging trademark. A trademark that tends to \nbring a person or class ofpeople into contempt or \ndisrepute. -Section 2(a) of the Lanham Act prohib\nits the registration of disparaging marks. 15 USCA \n 1052(a). -Also termed disparaging mark. See pro\nhibited and reserved trademark. [Cases: Trademarks \nC='1073.) \ndistinctive trademark. A very strong trademark, one \nthat consumers immediately and consistently asso\nciate with specific goods and services. -Distinctive \ntrademarks are usu. fanciful, arbitrary, or suggestive, \nbut descriptive trademarks and common names can \nbecome distinctive if they become so well known as to \nacquire a secondary meaning. Also termed distinc\ntive mark. [Cases: Trademarks <::='1029.] \nevocative trademark. See suggestive trademark. \nfamous trademark. A trademark that not only is dis\ntinctive but also has been used and heavily advertised \nor widely accepted in the channels of trade over a long \ntime, and is so well known that consumers immedi\nately associate it with one specific product or service. \n Only famous marks are protected from dilution. \nEight nonexclusive statutory factors are often used in \ndetermining whether a particular mark is famous. See \n15 USCA  1125 (c)(l)(A)-(H). -Also termed famous \nmark. [Cases: Trademarks C::::; 1468.] \nfanciful trademark. A trademark consisting of a \nmade-up or coined word; a distinctive trademark \nor tradename having no independent meaning. \nThis type of mark is considered inherently distinc\ntive and thus protected at common law, and is eligible \nfor trademark registration from the time ofits first \nuse. Also termed fanciful mark; fanciful term; \ncoined trademark; coined mark; coined term. [Cases: \nTrademarks C::::; 1039.] \n\"Arbitrary or fanciful marks convey nothing about the \nnature of the product except through knowledge of the \nmarket. For instance, Kodak conveys nothing about photo\ngraphic equipment except to those knowledgeable about \nthat trade.\" Arthur R. Miller & Michael H. Davis, Intellectual \nProperty in CI Nutshell 168 (2d ed. 1990). \ngeographically descriptive trademark. A trademark \nthat uses a geographic name to indicate where the \ngoods are grown or manufactured. _ This type of \nmark is protected at common law, and can be regis\ntered only on proof that it has acquired distinctiveness \nover time. -Also termed geographically descriptive \nmark. See SECONDARY MEANING.lCases: Trademarks \n~1047.1 \nhouse trademark. A trademark that identifies a \ncompany, a division of a company, or a company's \nproduct line as the source ofa product or service. - A \nhouse mark and a product mark often appear together \non a label. -Also termed house mark. Cf. product \ntrademark. [Cases: Trademarks (;::::c 1060.] \nhybrid trademark. See composite trademark. \nproduct trademark. A trademark that identifies a Single \ngood or service, rather than the producing company, a \ndivision ofa company, or a product line. - A product \n\n1632 Trademark Act of 1946 \nmark and a house mark often appear together on a \nlabel. Also termed product mark. Cf. house trade\nmark. [Cases: Trademarks (;:::::> 1022.] \nprohibited and reserved trademark. A mark that is not \nprotected under the Lanham Act because it either fall \ninto an expressly excluded category or else is similar \nto a mark granted by statute to another. 15 USCA \n 1052. Also termed prohibited and reserved mark. \n[Cases: Trademarks (>1243.] \npure trademark. See technical trademark. \nregistered trademark. A trademark that has been filed \nand recorded with the Patent and Trademark Office. \n A federally registered trademark is usu. marked by \nthe symbol \"<\" or a phrase such as \"Registered U.S. \nPatent & Trademark Office\" so that the trademark \nowner can potentially collect treble damages or the \ndefendant's profits for an infringement. Ifthe symbol \nis not used, the owner can collect these damages or \nprofits only by proving that the defendant actually \nknew that the mark was registered. -Also termed \nregistered mark. Cf."}
{"text": "only by proving that the defendant actually \nknew that the mark was registered. -Also termed \nregistered mark. Cf. SERVICEMARK. [Cases: Trade\nmarks (;:;~\\ 1240.] \nstrong trademark. An inherently distinctive trademark \nthat is used usu. by the owner only -in a ficti\ntious, arbitrary, and fanciful manner, and is therefore \ngiven greater protection than a weak mark under the \ntrademark laws. Also termed strong mark. [Cases: \nTrademarks \nsuggestive trademark. A trademark that suggests \nrather than describes the particular characteristics \nofa product, thus requiring a consumer to use imagi\nnation to draw a conclusion about the nature of the \nproduct.  A suggestive trademark is entitled to pro\ntection without proof ofsecondary meaning. -Also \ntermed evocative mark; suggestive mark; suggestive \nname. See SECONDARY MEANING. [Cases: Trademarks \n~)1038.] \ntechnical trademark. A mark that satisfies all the \nelements of a common-law trademark.  The essen\ntial elements ofa technical trademark are as follows: \n(1) its use to designate a commercial source would not \ninterfere with anyone else's right to use the mark; (2) \nit must primarily identify the source, rather than the \nproduct's category or grade ofquality; (3) it must be \nattached to the product, label, or collateral materi\nals rather than merely used in advertising; and (4) \nits use must not undermine some public policy, as by \nbeing scandalous or deceptive. -Also termed pure \ntrademark; technical mark; true trademark. [Cases: \nTrademarks \ntrue trademark. See technical trademark. \nweak trademark. See descriptive trademark. \nTrademark Act of 1946. See LANHAM ACT. \ntrademark application. A mark owner's written request, \nfiled with the U.S. Patent and Trademark Office, for \nfederal registration of a mark, accompanied by a sample \nof the mark to be protected and the filing fee . The application may describe either an existing mark that is \nin use or a proposed mark. -Also termed servicemark \napplication. [Cases: Trademarks \ncombined application. An application to register a \nmark to be used in more than one class of goods or \nservices. A combined application is given a single \nserial number, but it is examined as ifit were a set of \ndistinct single applications. Separate filing fees must \nbe paid for each class. -Also termed multiple-class \napplication. [Cases: Trademarks \nintent-to-use application. An application filed with the \nU.S. Patent and Trademark Office to protect a trade\nmark or servicemark that is not currently in commer\ncial use but whose owner has a bona fide intent to use \nthe mark commercially in the foreseeable future . \nTrademark rights have traditionally been restricted to \nmarks actually used in trade, but a 1988 amendment \nto the Lanham Act permitted applications to be filed \nbefore actual use begins ifthe mark otherwise quali\nfies for the Principal Register. 15 USCA  1051(b). See \nPRINCIPAL REGISTER. [Cases: Trademarks C==> 1284.J \nmultiple-class application. See combined application. \ntrademark-application amendment. A proposed modi\nfication to a registered trademark or to an application \nfor trademark registration. [Cases: Trademarks \n1251, 1282.] \namendment ofregistration. Trademarks. Amendment \nofan existing trademark registration to make minor \nchanges in the design of a mark to reflect how the \nmark is actually used . The U.S. Patent and Trade\nmark Office permits an amendment of registration \nonly ifit does not materially alter the character of the \nmark. The PTO amends a registration by attaching to \nthe printed registration a printed certificate showing \nthe amendment. -Also termed amendment ofmark \nin registration. [Cases: Trademarks C==> 1251.J \namendment to allege use. Trademarks. A supplement to \na trademark applicant's intent-to-use application filed \nto inform the U.S. Patent and Trademark Office that a \ntrademark is actuallv in use in interstate commerce . \nThe form is titled \"Allegation ofUse for Intent to Use \nApplication.\" -Abbr. AAU. Also termed state\nment of use; allegation ofuse. See DECLARATION OF \nUSE. [Cases; Trademarks (;:::::> 1284.] \namendment to different register. Trademarks. An \namendment to an application for registration on the \nPrincipal Register, requesting that the mark instead \nbe placed on the supplemental register. [Cases: Trade\nmarks C==> 1283.J \ntrademark class. Anyone of 42 international trademark\nprotection categories, each comprising similar goods \nor services . There are 34 goods classes and 8 services \nclasses. A trademark is protected in each class that is \nrelevant to the product's or service's business area. \n[Cases: Trademarks C==> 1369.] \nTrademark Cyberpiracy Prevention Act. See ANT ICY\nBERSQUATTlNG CONSUMER PROTECTION ACT. \n\n1633 \nTrademark Electronic Application System. A method \nof applying to the U.S. Patent and Trademark Office for \na trademark over the Internet. _ The system is avail\nable at http://www.uspto.gov/teas/index.html. Abbr. \nTEAS. \ntrademark infringement. See INFRINGEMENT. \nTrademark taw Treaty. A 1994 treaty that reduces \nbarriers to applying for and registering trademarks \ninternationally, and establishes a model international\ntrademark-registration form acceptable by all signatory \nnations. _ The United States is a party to the treaty. \n[Cases: Trademarks (;:::0 1236.] \nTrademark Manual of Examining Procedure. Trade\nmarks. The u.s. Patent and Trademark Office book \ncontaining guidelines and procedures for trademark \nexaminers. -Abbr. TMEP. [Cases: Trademarks \n1280.] \nTrademark Office. See UNITED STATES PATENT AND \nTRADEMARK OFFICE. \ntrademark-registration notice. A notice that a mark \nis protected by registration with the U.S. Patent and \nTrademark Office, shown by placing a symbol next to \nthe mark. -In the U.S., the R-within-a-cirde symbol \n(0) is common but the legend \"Reg. U.S. Pat. Off.\" is \nacceptable. Only federally registered marks may use \nthis notice. lCases: Trademarks ~1250.] \nTrademark Trial and Appeal Board. An administra\ntive body that hears and decides disputes involving \ntrademark ownership, conflicts between marks, and \nregistrability of marks. -Abbr. TTAB. [Cases: Trade\nmarks 1313.] \n\"No judicial body has administered our trademark laws \nwith more regularity than the Trademark Trial and Appeal \nBoard ... , the administrative tribunal of the U.S. Patent \nand Trademark Office that decides trademark proceedings. \nEstablished by Congress in 1958, the Board has seen its \ncaseload increase dramatically over time, reflecting the \ngrowing importance oftrademarks in our competitive mar \nketplace,\" 1 Jeffery A. Handelman, Guide to TTAB Practice \n 1.01, at 1-3 (2008). \ntrade meaning. See SECONDARY MEANING. \ntradename. Intellectual property. 1. A name, style, or \nsymbol used to distinguish a company, partnership, \nor business (as opposed to a product or service); the \nname under which a business operates. _ A tradename \nis a means of identifying a business -or its products \nor services to establish goodwill. It symbolizes the \nbusiness's reputation. Cf. BRAND; D/B/A; TRADEMARK. \n[Cases: Trademarks (....-::1026.]2. A trademark that was \nnot originally susceptible to exclusive appropriation \nbut has acquired a secondary meaning. -Also termed \nbrand name; commercial name. \ntrade or business. Tax. Any business or professional \nactivity conducted by a taxpayer with the objective of \nearning a profit. -If the taxpayer can show that the \nprimary purpose and intention is to make a profit, the \ntaxpayer may deduct certain expenses as trade-or\nbusiness expenses under the Internal Revenue Code. \n[Cases: Internal RevenueC-~3314.1-3318.] trade secret \ntrade practice. A customary way of doing business; \nesp., a method of using specifications for size, thick\nness, shape, or quality adopted within a given industry. \n[Cases: Customs and Usages \ntrade price. See PRICE. \ntrader. 1. A merchant; a retailer; one who buys goods to \nsell them at a profit. 2. One who sells goods substan\ntially in the form in which they are bought; one who \nhas not converted them into another form ofproperty \nby skill and labor. 3. One who, as a member of a stock \nexchange, buys and sells securities on the exchange \nfloor either for brokers or on his or her own account. \n4. One who buys and sells commodities and commod\nity futures for others or for his or her own account in \nanticipation of a speculative profit. \nTrade-Related Aspects of Intellectual Property Rights. \nSee TRIPS. \ntrader's settlement. See SETTLEMENT (1). \ntrades council. See TRADE COUNCIL. \ntrade secret. (1862) 1. A formula, process, device, or \nother business information that is kept confidential \nto maintain an advantage over competitors; infor\nmation -including a formula, pattern, compilation, \nprogram, device, method, technique, or process \nthat (1) derives independent economic value, actual or \npotential, from not being generally known or readily \nascertainable by others who can obtain economic value \nfrom its disclosure or use, and (2) is the subject of rea\nsonable efforts, under the circumstances, to maintain \nits secrecy. -This definition states the majority view, \nwhich is found in the Uniform Trade Secrets Act. \n[Cases: Antitrust and Trade Regulation ~413.] 2. \nInformation that (1) is not generally known or ascer\ntainable, (2) provides a competitive advantage, (3) has \nbeen developed at the plaintiff's expense and is used \ncontinuously in the plaintiff's business, and (4) is the \nsubject of the plaintiff's intent to keep it confidential. \nThis definition states the minority view, which is found \nin the Restatement of Torts  757 cmt. b (1939). [Cases: \nAntitrust and Trade Regulation <>.:>413.] \n\"So long as the owner of a secret keeps it a secret he has a \nmonopoly. While equity affords protection to trade secrets \nagainst betrayal by those under contract or in confidential \nrelations with the owners of the secret, there is no differ \nence between contracts as to trade secrets and contracts \nas to any other personal property. as far as restraint of \ntrade is concerned.\" Harry D. Nims, The Law ofUnfair Com \npetition and TradeMarks 406 (1929). \n\"The concept of protecting trade secrets is related to the \nprinciples of trademark and patent law. The scope of trade \nsecret protection, however, goes well beyond that of patent \nlaw. Unlike patent law, protection under trade secret law is \nnot tied to the information's novelty; rather, the essence \nof a trade secret is its relative secrecy. Additionally, unlike \npatent law, trade secret law draws less from property prin \n(iples, and more from the equitable principles surround\ning confidential relationships.\" Mark A. Rothstein et aI., \nEmployment Law  8,18, at 516 (1994). \n\"The difficulty with defining 'trade secrets' in the abstract \nis that there are so many ways to go about it_ In large part, \nthis is a reflection of the fact that the law of trade secrets, \nunlike the law of patents or copyright, is a creature of the \n\n1634 trade slander \ncommon law rather than of statute. In trying to impose a \nmoral solution on cases of apparent breach of confidence, \njudges have juggled competing policy interests while trying \nto draw a line of protection that would lead to the result \nthat they believed was right.... In other words, the devel\nopment of trade secret law has been a bit chaotic ....\" \nJames Pooley, Trade Secrets  1.01, at 1-1 to 1-3 (l998). \ntrade slander. See SLANDER. \ntradesman (traydz-m,m), n. 1. One who buys and sells \nthings for profit; esp., a shopkeeper. 2. A shopkeep\ner's employee. 3. A mechanic or artisan whose liveli\nhood depends on manual labor; one who is skilled in a \ntrade. -Also termed tradesperson. \ntrade surplus. See SURPLUS. \ntrade union. See UNION. \ntrade usage. See USAGE. \ntrading. The business ofbuying and selling, esp. ofcom\nmodities and securities. [Cases: Commodity Futures \nTrading Regulation Securities Regulation 0 \n35.10-67.15.] \nday trading. The act or practice of buying and selling \nstock shares or other securities on the same day, esp. \nover the Internet, usu. for the purpose of making a \nquick profit on the difference between the buying \nprice and the selling \nsecondary trading. The buying and selling of securi\nties in the market between members of the public, \ninvolving neither the issuer nor the underwriter of \nthe securities. \nshort-term trading. Investment in securities only to \nhold them long enough to profit from market-price \nfluctuations. [Cases: Securities Regulation 053.10\n53.22.1 \ntrading corporation. See CORPORATION. \ntrading cnrb. A temporary restriction on trading in a \nparticular security to curtail dramatic price move\nments. -Sometimes shortened to curb. Cf. TRADING \nHALT. \ntrading halt. A temporary suspension oftrading in a \nparticular security for a specific reason, such as an \norder imbalance or a pending news announcement. \n Options can be exercised during a trading halt, and \nopen orders may be canceled. Also termed suspended \ntrading. Cf. TRADING CURB. \ntrading partnership. See PARTNERSHIP. \ntrading voyage. See VOYAGE. \n"}
{"text": "CURB. \ntrading partnership. See PARTNERSHIP. \ntrading voyage. See VOYAGE. \ntrading with the enemy. The federal offense ofcarrying \non commerce with a nation or with a subject or ally of \na nation with which the United States is at war. [Cases: \nWar and National Emergency \ntraditio (tra-dish-ee-oh), n. [Latin] Roman law. The \nsimple delivery ofa piece ofproperty by one person to \nanother with the intention of transferring ownership . \n This was the simplest form oftransfer, and ultimately \nit was applied to land as well as movables. Construc\ntive delivery was developed. Also termed traditio rei. See BREVI MANU; CONSITUTUM POSSESSORIUM. PI. \ntraditiones (tra-dish-ee-oh-neez). \ntraditio brevi manu (tra-dish-ee-oh bree 'VI man-yoo). \n[Latin] Roman law. The surrender of the mediate pos\nsession ofa thing to the person who is already in imme\ndiate possession of it. This is a type ofconstructive \ndelivery in which a delivery to the mediate possessor \nand redelivery to the immediate possessor are unnec\nessary. See BREVI MANU. For the other two types of \nconstructive delivery, see ATTORNMENT; CONSTITUTUM \nPOSSESSORIUM. \n\"The first [type of constructive delivery] is that which the \nRoman lawyers termed traditio brevi manu, but which has \nno recognised name in the language of English law .... If, \nfor example, I lend a book to someone, and afterwards, \nwhile he still retains it. I agree with him to sell it to him, or \nto make him a present of it, I can effectually deliver it to \nhim in fulfilment of this sale or gift. by telling him that he \nmay keep it. It is not necessary for him to go through the \nform of handing it back to me and receiving it a second \ntime from my hands.\" John Salmond, Jurisprudence 306 \n(Glanville L. Williams ed., 10th ed. 1947). \ntraditio longa manu (tra-dish-ee-oh long-ga man\nyoo). [Latin] Roman law. See CONSTITUTUM POSSESSO\nRIUM. \ntradition. (14c) 1. Past customs and usages that influence \nor govern present acts or practices. [Cases: Customs \nand Usages 10.] 2. The delivery of an item or an \nestate. \ntraditional public forum. See PUBLIC FORUM. \ntraditional surrogacy. See SURROGACY. \ntraditionary evidence. See EVIDENCE. \ntraditio rei. See TRADITIO. \ntrado tibi ecclesiam (trad-oh tib-r e-klee-z[h]ee-am). \n[Law Latin] Hist. Eccles. law & Scots law. I deliver this \nchurch (or living) to you . A patron uttered this phrase \nwhen presenting an incumbent to a vacant church. Cf. \nACCIPE ECCLESIAM. \ntraduce (tra-d[y]oos), vb. (16c) To slander; calumni\nate. -traducement, n. \ntraffic, n. (16c) 1. Commerce; trade; the sale or exchange \nofsuch things as merchandise, bills, and money. 2. The \npassing or exchange ofgoods or commodities from one \nperson to another for an equivalent in goods or money. \n3. People or things being transported along a route. 4. \nThe passing to and fro ofpeople, animals, vehicles, and \nvessels along a transportation route. \ntraffic, vb. To trade or deal in (goods, esp. illicit drugs \nor other contraband) <trafficking in heroin>. [Cases: \nControlled Substances 82.] -trafficking, n. \ntrafficker, n. \ntraffic balance. The balance of moneys collected in \npayment for transporting passengers and freight. \ntraffic court. See COURT. \ntrafficking. The act oftransporting, trading, or dealing, \nesp. in people or illegal goods. Cf. PEOPLE-SMUGGLING; \nSMUGGLING. \n\n1635 transcarceration \ndrug trafficking. The act ofillegally producing, import\ning, selling, or supplying significant amounts of a \ncontrolled substance. [Cases: Controlled Substances \n82.] \nhuman trafficking. The illegal recruitment, transporta\ntion, transfer, harboring, or receipt of a person, esp. \none from another country, with the intent to hold the \nperson captive or exploit the person for labor, services, \nor body parts. _ Human-trafficking offenses include \nforced prostitution, forced marriages, sweat-shop \nlabor, slavery, and harvesting organs from unwill\ning donors. Also termed trafficking in persons. Cf. \nPEOPLE-SMUGGLING;. organ trafficking. \norgan trafficking. Illegal trafficking in human body \nparts, esp. transplantable organs that are offered to \nthe highest bidder or that have been harvested without \nthe consent of the donor or the donor's next of kin. \n_ In international law, organ trafficking is broadly \nincluded in the offense ofhuman trafficking. -Also \ntermed trafficking in persons. Cf. human trafficking. \ntrafficking in persons.!. See human trafficking. 2. See \norgan trafficking. \ntrafficking in persons. See TRAFFICKING. \ntraffic regulation. A prescribed rule of conduct for \ntraffic; a rule intended to promote the orderly and safe \nflow of traffic. [Cases: Automobiles (;:::::>5(5),7,335.] \ntrailer clause. An employee's promise to assign to the \nemployer the rights to all inventions developed while \nemployed and for a specified time afterward. -For the \ncovenant to be enforceable, the time restriction must \nbe reasonable. -Also termed holdover clause. \ntraitor, n. 1. A person who commits treason against his \nor her country. [Cases: Treason (;:::'10.] 2. One who \nbetrays a person, a cause, or an obligation. -traitor\nous, adj. \ntramp, n. 1. A person who roams about from place to \nplace, begging or living without labor or visible means \nofsupport; a vagrant. 2. TRAMP STEAMER. \ntramp corporation. See CORPORATION. \ntramp steamer. A ship that is not scheduled to sail \nbetween prearranged ports of call but that stops at \nthose ports for which it has cargo. _ A tramp steamers \ntypically carries bulk cargoes such as oil, grain, coal, \nsteel, iron ore, or lumber, and is contracted with a char\nterparty rather than a bill oflading. -Often shortened \nto tramp. \ntranche (transh), n. [French \"slice\") Securities. 1. A bond \nissue derived from a pooling ofsimilar debt obligations. \n A tranche usu. differs from other issues by maturity \ndate or rate ofreturn. 2. A block ofbonds designated for \nsale in a foreign country. -Also spelled tranch; trench. \nSee COLLATERALIZED MORTGAGE OBLIGATION. \ntransact, vb. 1. To carryon or conduct (negotiations, \nbusiness, etc.) to a conclusion <transact business>. \n2. Civil law. To settle (a dispute) by mutual conces\nsion. See TRANSACTION (4). 3. To carryon or conduct negotiations or business <refuses to transact with the \nenemy>. \ntransactio (tran-sak-shee-oh), n. [Latin \"compromise\"] \nRoman law. 1he renunciation of a contested claim or \ndefense in litigation in consideration ofa quid pro quo. \nPl. transactiones (tran-sak-shee-oh-neez). \ntransaction, n. (17c) 1. The act or an instance of con\nducting business or other dealings; esp., the formation, \nperformance, or discharge of a contract. 2. Some\nthing performed or carried out; a business agreement \nor exchange. 3. Any activity involving two or more \npersons. 4. Civil law. An agreement that is intended \nby the parties to prevent or end a dispute and in which \nthey make reciprocal concessions. La. Civ. Code art. \n3071. transactional, adj. \narm's-length transaction. 1. A transaction between \ntwo unrelated and unaffiliated parties. 2. A transac\ntion between two parties, however closely related they \nmay be, conducted as ifthe parties were strangers, so \nthat no cantlict of interest arises. \nclosed transaction. Tax. A transaction in which an \namount realized on a sale or exchange can be estab\nlished for the purpose ofstating a gain or loss. [Cases: \nInternal Revenue (;:::::>3393.] \ncolorable transaction. (18c) A sham transaction having \nthe appearance of authenticity; a pretended transac\ntion <the court set aside the colorable transaction>. \ntransactional audit. See AUDIT. \ntransactional immunity. See IMMUNITY (3). \ntransactional lawyer. 1. See LAWYER. 2. See OFFICE \nPRACTITIONER. \ntransactional takeover defense. See TAKEOVER DE\nFENSE. \ntransaction causation. See CAUSATION. \ntransaction cost. See COST (1). \ntransaction-or-occurrence test. (1957) A test used to \ndetermine whether, under Fed. R. Civ. P. 13(a), a par\nticular claim is a compulsory counterclaim. _ Four \ndifferent tests have been suggested: (1) Are the legal \nand factual issues raised by the claim and counterclaim \nlargely the same? (2) Would res judicata bar a later suit \non the counterclaim in the absence ofthe compulsory\ncounterclaim rule? (3) Will substantially the same \nevidence support or refute both the plaintiff's claim \nand the counterclaim? (4) Are the claim and counter\nclaim logically related? See compulsory counterclaim \nunder COUNTERCLAIM. [Cases: Federal Civil Procedure \n(;:::::>776; Set-offand Counterclaim (;::::'60.) \ntransaction slip. See CONFIRMATION SLIP, \ntranscarceration. (1987) The movement of prisoners or \ninstitutionalized mentally ill persons from facility to \nfacility, rather than from a prison or an institution back \nto the community, as when a prisoner is transferred to \na halfway house or to a drug-treatment facility. [Cases: \nPrisons <::= 13.3, 13.5.) \n\n1636 transcribe \ntranscribe, vb. (16c) To make a written or typed copy of \n(spoken material, esp. testimony). \ntranscript, n. (14c) A handwritten, printed, or typed \ncopy oftestimony given orally; esp., the official record \nof proceedings in a trial or hearing, as taken down by \na court reporter. -Also termed report ofproceedings; \nreporter's record. [Cases: Appeal and Error C=::>593-611; \nCriminal Law C=::> 1104; Federal Courts C=::>694.] \ntranscription. (16c) 1. The act or process oftranscribing. \n2. Something transcribed; a transcript. \ntranscript of proceedings. A compilation of all docu\nments relating to a bond issue, typically including the \nnotices, affidavits ofnotices, a bond resolution (or bond \nordinance), official statement, trust indenture and loan \nagreements, and minutes of meetings of all authoriz\ning bodies. \ntranseunt cum universitate (tran-see-;mt k::lm yoo-ni\nv::lr-s::l-tay-tee). [Latin] Hist. They are transferred with \nthe whole estate. \ntransfer, n. (14c) 1. Any mode ofdisposing of or parting \nwith an asset or an interest in an asset, including a gift, \nthe payment of money, release, lease, or creation of a \nlien or other encumbrance . The term embraces every \nmethod -direct or indirect, absolute or conditional, \nvoluntary or involuntary -ofdisposing ofor parting \nwith property or with an interest in property, including \nretention of title as a security interest and foreclosure \nof the debtor's equity of redemption. 2. Negotiation of \nan instrument according to the forms oflaw . The four \nmethods of transfer are by indorsement, by delivery, \nby assignment, and by operation oflaw. [Cases: Bills \nand Notes C=::> 176-222.] 3. A conveyance of property \nor title from one person to another. [Cases: Bills and \nNotes C=::> 176-222.] \ncolorable transfer. A sham transfer having the appear\nance of authenticity; a pretended transfer. See ILLU\nSORY-TRANSFER DOCTRINE. [Cases: Fraudulent \nConveyances C=::> 109, l31.1.] \nconstructive transfer. (1852) A delivery of an item\nesp. a controlled substance -by someone other than \nthe owner but at the owner's direction. [Cases: Con\ntrolled Substances C=::>32, 82.] \nincomplete transfer. Tax. A decedent's inter vivos \ntransfer that is not completed for federal estate-tax \npurposes because the decedent retains significant \npowers over the property's possession or enjoyment.  \nBecause the transfer is incomplete, some or all of the \nproperty's value will be included in the transferor's \ngross estate. IRC (26 USCA)  2036-2038. [Cases: \nInternal Revenue C=::>4159(3).] \ninter vivos transfer (in-t::lrVI-Vohs orvee-vohs). (1930) \nA transfer of property made during the transferor's \nlifetime. \ntestamentary transfer. A transfer made in a will.  \nThe transfer may be of something less than absolute \nownership. Cf. testamentary gift under GIFT. [Cases: \nWills C=::>86.] transfer in contemplation of death. See gift causa \nmortis under GIFT. \ntransfer in fraud ofcreditors. (1883) A conveyance of \nproperty made in an attempt to prevent the trans\nferor's creditors from making a claim to it. [Cases: \nFraudulent Conveyances C=::> 1.] \ntransfer, vb. (14c) 1. To conveyor remove from one place \nor one person to another; to pass or hand over from one \nto another, esp. to change over the possession or control \nof. 2. To"}
{"text": "to another; to pass or hand over from one \nto another, esp. to change over the possession or control \nof. 2. To sell or give. \ntransferable (trans-f::lr-::l-b::ll), adj. (14c) Capable of being \ntransferred, together with all rights of the original \nholder. \ntransferable letter ofcredit. See LETTER OF CREDIT. \ntransferable vote. See single transferable vote under VOTE \n(1). \ntransfer agent. See AGENT (2). \ntransfer-agent-run dividend-reinvestment plan. See \nDIVIDEND-REINVESTMENT PLAN. \ntransferee. One to whom a property interest is \nconveyed. \ntransferee liability. (1951) Tax. The liability of a trans\nferee to pay taxes owed by the transferor . This lia\nbility is limited to the value of the asset transferred. \nThe Internal Revenue Service can, for example, force \na donee to pay the gift tax when the donor who made \nthe transfer cannot pay it. IRC (26 USCA)  6901\n6905. [Cases: Internal Revenue C=::>4817; Taxation C=::> \n3480.] \ntransference. Scots law. The act of substituting a repre\nsentative for a deceased litigant in a pending action. \n This is similar to the common law's substitution of \nparties. \ntransfer hearing. See HEARING. \ntransfer in fraud ofcreditors. See TRANSFER. \ntransfer of a case. (1843) The removal of a case from \nthe jurisdiction of one court or judge to another by \nlawful authority. -Also termed transfer ofa cause. See \nREMOVAL (2). [Cases: Removal of Cases C=::> 16.] \ntransfer ofvenue. See CHANGE OF VENUE. \ntransferor. (1875) One who conveys an interest in \nproperty. \ntransfer payment. (usu. pl.) (1945) A governmental \npayment to a person who has neither provided goods \nor services nor invested money in exchange for the \npayment . Examples include unemployment com\npensation and welfare payments. [Cases: United States \nC=::>82(1).] \ntransfer price. See PRICE. \ntransferred intent. See INTENT (1). \ntransferred-intent doctrine. (1957) The rule that ifone \nperson intends to harm a second person but instead \nunintentionally harms a third, the first person's criminal \nor tortious intent toward the second applies to the third \nas well.  Thus, the offender may be prosecuted for an \n\n1637 translation \nintent crime or sued by the third person for an inten\ntional tort. See INTENT. [Cases: Assault and Battery C~:> \n3,49; Homicide 702; Torts ~lIS.] \ntransferred malice. See MALICE. \ntransfer statute. A provision that allows or mandates the \ntrial ofa juvenile as an adult in a criminal court for a \ncriminal act. -Every state has some form of transfer \nstatute. The Supreme Court has held that a juvenile \ncannot be transferred to criminal court under a discre\ntionary statute \"without ceremony without hearing, \nwithout effective assistance of counsel, without a state\nment of reasons.\" Kent v. United States, 383 U.S. \n554,86 S.Ct. 1045, 1053-54 (1966). [Cases: Infants \n68.7.] \nautomatic-transfer statute. A law requiring the \ntransfer from delinquency court to criminal court \nfor certain statutorily enumerated offenses if certain \nstatutory requirements are met. [Cases: Infants ~ \n68.5, 6S.7(2).] \ndiscretionary-transfer statute. A law that allows, but \ndoes not mandate, the transfer from delinquency \ncourt to criminal court for certain statutorily enu\nmerated offenses ifcertain statutory requirements \nare met. -The prosecutor has discretion to request \nthe transfer, and the judge has discretion to order the \ntransfer. [Cases: Infants ~6s.7.1 \nreverse transfer statute. A provision that allows a \ncriminal court to return certain cases to juvenile \ncourt. [Cases: Infants ~6S.6.] \nTransfers to Minors Act. See UNIFORM TRANSFERS TO \nMINORS ACT. \ntransfer tax. See generation-skipping transfer tax under \nTAX. \ntransfer warranty. See WARRANTY (2). \ntransformative use. Copyright. The use of copyrighted \nmaterial in a manner, or for a purpose, that differs \nfrom the original use in such a way that the expres\nsion, meaning, or message is essentially new . The \nterm was coined by Judge Pierre N. Leval in a 1990 \nlaw-review article entitled Toward a Fair Use Standard, \n103 Harv. L. Rev. 1105, 1111 (1990). The concept was \nfirst applied by the U.S. Supreme Court in Campbell \nv. Acuff-Rose Music, Inc., 510 U.S. 569, 114 S.Ct. 1164 \n(1994). The Court held that the transformative use in \nthat case was a fair, noninfringing use ofthe plaintiff's \ncopyright. [Cases: Copyrights and Intellectual Property \n(;::::' 53.2.] \ntransgenic (tranz-jen-ik), adj. Patents. Of, relating to, \nor describing a living organism that has been geneti\ncally altered by introducing recombinant DNA from \nanother organism. \ntransgress, vb. 1. To exceed the limits of (a law, rule, \nregulation, etc.); to break or violate. 2. To pass over \n(limits, boundaries, etc.). transgressor, n. \ntransgression. Archaic. See MISDEMEANOR. \ntransgressione, ad audiendum et terminandum (trans\ngres[h]-ee-oh-nee, ad aw-dee-en-d;Jm et t;Jf-m;J-nand;Jm). See DE TRANSGRESSIONE, AD AUDIENDUM ET \nTERMINANDUM. \ntransgressive trust. See TRUST. \ntransient (tran-sh;Jnt), adj. (16c) Temporary; imperma\nnent; passing away after a short time. \ntransient, n. 1. A person or thing whose presence is tem\nporary or fleeting. 2. TRANSIENT PERSON. \ntransient foreigner. One who visits a country without \nthe intent to remain. \ntransient jurisdiction. See TCRISDICTlON. \ntransient merchant. A trader who sells merchandise at \na temporary location without intending to become a \npermanent merchant in that place. [Cases: Licenses \n~15(2).] \ntransient person. (18c) One who has no legal residence \nwithin a jurisdiction for the purpose of a state venue \nstatute. Also termed transient. [Cases: Venue \nIS.] \ntransit, n. (15c) 1. 1he transportation of goods or persons \nfrom one place to another. [Cases: Insurance \n2137(3).] 2. Passage; the act of passing. \ntransitional alimony. See rehabilitative alimony under \nALIMONY. \ntransition phrase. Patents. In a patent claim, the word \nor phrase that relates the preamble to the body . The \ntransition is often the term \"comprising,\" \"having,\" \n\"including,\" \"consisting of,\" or \"consisting essentially \nof.\" Cf. PREAMBLE (2); BODY OF A CLAIM. \ntransitive covenant. See COVENANT (1). \ntransitory (tran-s;J-tor-ee ortran-za-), adj. (14c) Passing \nfrom place to place; capable of passing or being changed \nfrom one place to another. \ntransitory action. See ACTION (4). \ntransitory treaty. See TREATY (1). \ntransitory wrong. See WRONG. \ntransit passage. Int'llaw. The right of a vessel or airplane \nto exercise freedom ofnavigation and overflight solely \nfor the purpose ofcontinuous and expeditious transit \nbetween one part of the high seas or an exclusive \neconomic zone and another part ofthe high seas or an \nexclusive economic zone. Also termed right oftransit \npassage. Cf. INNOCENT PASSAGE. \ntransit terra cum onere (tran-sit [or tran-zit] ter-a bm \non-ar-ee). [Law l.atin] Hist. The land passes with its \nburdens. \ntranslation, n. 1. The transformation oflanguage from \none form to another; esp., the systematic rendering \nof the language of a book, document, or speech into \nanother language. \n\"Generally speaking, a translation need not consist of \ntransferring from one language into another; it may apply \nto the expression of the same thoughts in other words of \nthe same language.\" Rasmussen v. Baker, 50 P. 819, 826 \n(Wyo. 1897). \n\ntranslative 1638 \n2. Archaic. The transfer ofproperty. 3. Eccles. law. The \nremoval ofa bishop from one diocese to another. \ntranslative (trans-or tranz-Iay-tiv), adj. Making or \ncausing a transfer or conveyance. \ntranslative fact. See FACT. \ntransmission. Civil law. The passing of an inheritance \nto an heir. \ntransmit, vb. (15c) 1. To send or transfer (a thing) from \none person or place to another. 2. To communicate. \ntransmittal letter. (1914) A nonsubstantive letter that \nestablishes a record of delivery, such as a letter to a court \nclerk advising that a particular pleading is enclosed for \nfiling. Lawyers have traditionally opened transmit\ntal letters with the phrase \"Enclosed please find,\" even \nthough that phrasing has been widely condemned in \nbusiness-writing handbooks since the late 19th century. \nA transmittal letter may properly begin with a range \nofopeners as informal as \"Here is\" to the more formal \n\"Enclosed is.\" -Also termed cover letter. \ntransmutation. A change in the nature of something; \nesp., in family law, the transformation of separate \nproperty into marital property, or of marital property \ninto separate property. [Cases: Divorce C=>252.3(3); \nHusband and Wife C=>249(6).J \ntransnational adoption. See international adoption \nunder ADOPTION. \ntransnational corporation. See multinational corpora\ntion under CORPORATION. \ntransnational law. 1. The amalgam of common prin\nciples of domestic and international law dealing esp. \nwith problems arising from agreements made between \nsovereign states and foreign private parties. 2. The \nproblems to which such principles apply. Cf. INTER\nNATIONAL LAW. \ntransparency. Openness; clarity; lack of guile and \nattempts to hide damaging information . The word \nis used offinancial disclosures, organizational policies \nand practices, lawmaking, and other activities where \norganizations interaction with the public. \ntransport, vb. To carry or convey (a thing) from one \nplace to another. \ntransportation, n. (l6c) 1. The movement of goods \nor persons from one place to another by a carrier. 2. \nCriminal law. A type of punishment that sends the \ncriminal out of the country to another place (usu. a \npenal colony) for a specified period. Cf. DEPORTA\nTION. \nTransportation Security Administration. The federal \nagency charged with promoting safety and security \nof air, water, rail, and highway transportation . The \nagency was created in the Department ofTransporta\ntion after the terrorist attacks of September 11, 2001, \nand was transferred to the Department of Homeland \nSecurity in 2002. \ntransracial adoption. See ADOPTION. transsexual. A person born with the physical character\nistics ofone sex but who has undergone, or is preparing \nto undergo, sex-change surgery. See SEX REASSIGN\nMENT. \ntransshipment. Maritime law. The act of taking cargo \nout of one ship and loading it on another.  Trans\nshipment may also involve transfer ofcargo to another \nmode of transportation, such as rail or truck. [Cases: \nShipping C=> 112.J -transship, vb. \ntransvestitive fact. See FACT. \ntrap, n. (bef. 12c) 1. A device for capturing living crea\ntures, such as a pitfall, snare, or machine that shuts \nsuddenly. \nmantrap. A booby-trap; esp., a device to catch a tres\npasser or burglar.  A mantrap is not illegal if it is \ndesigned merely to sound an alarm and not cause \nbodily harm. Illegal mantraps include manufactured \ndevices such as spring guns, and dangerous hidden \nconditions (manufactured or natural) that can injure \na person, such as pitfalls. -Also spelled man-trap. \n2. Any device or contrivance by which one may be \ncaught unawares; stratagem; snare. 3. Torts. An ultra\nhazardous hidden peril of which the property owner or \noccupier, but not a licensee, has knowledge . A trap \ncan exist even if it was not designed or intended to catch \nor entrap anything. [Cases: Negligence C=>1040(3).J \ntrashing. DECONSTRUCTION. \ntrauma-pricing. See DRAMA-PRICING. \ntravaux preparatoires (tra-voh pray-par-;:)-twah[r]z). \n[French \"preparatory works\"] Materials used in prepar\ning the ultimate form of an agreement or statute, and \nesp. of an international treaty; the draft or legislative \nhistory ofa treaty. See LEGISLATIVE HISTORY. \ntravel-accident insurance. See INSURANCE. \nTravel Act. A federal law, enacted in 1961, that prohib\nits conduct intended to promote, direct, or manage \nillegal business activities in interstate commerce . This \nstatute was enacted to create federal jurisdiction over \nmany criminal activities traditionally handled by state \nand local governments to help those jurisdictions cope \nwith increasingly complex interstate criminal activity. \n18 USCA  1952. [Cases: Commerce C=>82.1O.] \ntraveled place. (1894) A place where the public has, in \nsome manner, acquired the legal right to travel. \ntraveler, n. A person who passes from place to place, for \nany reason. \ntraveler's check. See CHECK. \ntraveler's letter ofcredit. See LETTER OF CREDIT. \ntravel expense. See"}
{"text": "See CHECK. \ntraveler's letter ofcredit. See LETTER OF CREDIT. \ntravel expense. See EXPENSE. \ntraverse (trav-;:)rs), n. (15c) Common-law pleading. \nA formal denial of a factual allegation made in the \nopposing party's pleading <Smith filed a traverse to \nAllen's complaint, asserting that he did not know\ningly provide false information>. See DENIAL. [Cases: \nPleading C=> 112-129.] -traverse (trav-;:)rs or tr;:)\nvars), vb. \n\n1639 Treas. Reg. \n\"It is said that the technical term traverse, from transverto, \nto turn over, is applied to an issue taken upon an indict \nment for a misdemeanor, and means nothing more than \nturning over or putting off the trial to a following session or \nassize; and that thus it is that the officer of the court asks \nthe party whether he is ready to try then, or will traverse to \nthe next session; though some have referred Its meaning \noriginally to the denying or taking issue upon an indict \nment, without reference to the delay of trial, and which \nseems more correct,\" I Joseph Chitty, A Practical Treatise \non the Criminal Law 486 (2d ed. 1826). \ncommon traverse. (1841) A traverse consisting of a \ntender of issue that is, a denial accompanied by a \nformal offer for decision of the point denied -with \na denial that expressly contradicts the terms of the \nallegation traversed. Also termed specific traverse. \n[Cases: Pleading ~117.] \n\"The common or specific traverse is an express denial \nof a particular allegation in the opposing pleading in the \nterms ofthe allegation, accompanied by a tender of issue \nor formal offer of the point denied for trial.\" Benjamin J. \nShipman, Handbook ofCommonLaw Pleading  168, at 303 \n(Henry Winthrop Ballantine ed., 3d ed. 1923). \ncumulative traverse. (1848) A traverse that analyzes \na proposition into its constituent parts and traverses \nthem cumulatively. -It amounts to the same thing as \ntraversing the one entire proposition, since the several \nparts traversed must all make up one entire proposi\ntion or point. \ngeneral traverse. (l7c) A denial of all the facts in an \nopponent's pleading. \nspecial traverse. (I8c) A denial of one material fact in \nan opponent's pleading; a traverse that explains or \nqualifies the denial. -The essential parts ofa special \ntraverse are an inducement, a denial, and a verifica\ntion. [Cases: Pleading ~118.] \nspecific traverse. See common traverse. \ntraverse jury. See petit jury under JURY. \ntraverser, rI. (14c) One who traverses or denies a \npleading. \ntraverse the requirement, vb. Patents. To (1) respond in \ndetail to a patent examiner's decision that the patent \napplication claims more than one invention and (2) \nask that the restriction requirement be reconsidered. \n-The traverse must specifically explain why restric\ntion should not be required, not merely assert that the \nrequirement is wrong. Failure to traverse a requirement \nforfeits any rights to appeal the decision. [Cases: Patents \n(;:::?104.1 \ntreachery, n. A deliberate and willful betrayal of trust \nand confidence. \ntreason, n. (l3c) The offense ofattempting to overthrow \nthe government of the state to which one owes alle\ngiance, either by making war against the state or by \nmaterially supporting its enemies. -Also termed high \ntreason; alta proditio. Cf. SEDITION. [Cases: Treason ~ \n1.] -treasonable, treasonous, adj. \n\"The judgment of high treason was, until very lately, an \nexception to the merciful tenor of our judgments. The \nleast offensive form which is given in the books is, that \nthe offender 'be carried back to the place from whence he came, and from thence to be drawn to the place of \nexecution, and be there hanged by the neck, and cut down \nalive, and that his entrails be taken out and burned before \nhis face, and his head cut off, and his body divided into \nfour quarters, and his head and quarters disposed of at \nthe king's pleasure.' Some of the precedents add other \nCircumstances, of still more grossness and aggravation. \nBut this horrible denunciation was very seldom executed \nin its more terrible niceties.\" I Joseph Chitty, A Practical \nTreatise on the Criminal Law 702 (2d ed. 1826). \n\"[S]everal important characteristics marked off high \ntreason from all other crimes. For one thing, it earned a \npeculiarly ghastly punishment. For another, it was 'under \ngyable,' while every felony was 'dergyable' unless some \nstatute had otherwise ordained. Thirdly, while the felon's \nland escheated to his lord, the traitor's land was forfeited \nto the king. This last distinction influenced the develop' \nment of the law.\" 2 Frederick Pollock 8. Frederic William \nMaitland, History ofEnglish Law Before the Time ofEdward \n1500 (2d ed. 1899). \n'Treason against the United States, shall consist only in \nlevying war against them, or in adhering to their Enemies, \ngiving them Aid and Comfort. No Person shall be convicted \nof Treason unless on the Testimony of two Witnesses to \nthe same overt Act, or on Confession in open Court.\" U.S. \nConst. art. III,  3. \nconstructive treason. 1. Speech that manifests a desire \nor intent to make war against the state or materially \nsupport an enemy, even though the speech is unac\ncompanied by acts that further the desire or intent. \n_ There is no crime of constructive treason in U.S. \nlaw because treason requires an affirmative act, and \nintent alone cannot substitute for an act. Cf. SEDITION. \n[Cases: Treason ~1.] 2. Hist. Speech that is critical \nofthe government. -This sense arose during the reign \nofHenry VIII ofEngland. Critical speech remained a \ncapital crime until the early 18th century. \npetty treason. Archaic. Murder of one's employer or \nhusband. -Until 1828, this act was considered treason \nunder English law. Also spelled petit treason. \n\"The frequent reference to high treason is a carryover \nfrom an ancient division of the offense that has long since \ndisappeared. In the feudal stage of history the relation \nof lord to vassal was quite similar to the relation of king \nto subject. The relation of husband to wife came to be \nregarded in the same category, as also did the relation \nof master to servant, and that of prelate to clergyman. \nAnd just as it was high treason to kill the king, so a mali \ncious homicide was petit treason if it involved a killing \nof (originally, lord by vassal, and later) husband by Wife, \nmaster by mistress or servant, or prelate by clergyman. \nWhen the special brutality provided by the common law \nfor the punishment of petit treason disappeared, this crime \nbecame merged with murder and only one crime of treason \nremained.\" Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw498-99 (3d ed. 1982). \ntreasonable misdemeanor. English law. An act that is \nlikely to endanger or alarm the monarch, or disturb \nthe public peace in the presence ofthe monarch. Cf. \nTREASON FELONY. \ntreason felony. English law. An act that shows an inten\ntion of committing treason, unaccompanied by any \nfurther act to carry out that intention. -This offense \nusu. results in life imprisonment rather than the death \npenalty. Cf. TREASONABLE MISDEMEANOR. \nTreas. Reg. abbr. TREASURY REGULATION. \n\n1640 treasurer \ntreasurer. An organization's chief financial officer.  The \ntreasurer's duties typically include prudently depos\niting (or, if authorized, investing) and safeguarding \nthe organization's funds and otherwise managing its \nfinances; monitoring compliance with any applicable \nlaw relating to such finances and filing any required \nreport; disbursing money as authorized; and reporting \nto the organization on the state ofthe treasury. -Also \ntermedfinance officer;financialsecretary; quartermas\nter. [Cases: Corporations ~30L] \ncity treasurer. A local officer who is responsible for \nmanaging municipal funds. \nTreasurer, Lord High. See LORD HIGH TREASURER. \nTreasurer ofthe United States. The officer in the U.S. \nDepartment ofthe Treasury responsible for overseeing \nthe operations of the Bureau of Engraving and Printing \nand the U.S. Mint. \ntreasure trove. [Law French \"treasure found\"] (l6c) \nValuables (usu. gold or silver) found hidden in the \nground or other private place, the owner of which is \nunknown. -At common law in the United States, \nthe finder ofa treasure trove can usu. claim good title \nagainst all except the true owner. But until 1996, any \ntreasure trove found in the United Kingdom belonged \nto the Crown. \n\"Treasure hid in the earth. not upon the earth, nor in the \nsea, and coin though not hidden, being found is the king's; \nwe call it treasure trove.\" Sir Henry Finch, Law, or a Dis \ncourse Thereof 177 (1759). \n''Treasure trove consists essentially of articles of gold and \nSilver, intentionally hidden for safety in the earth or in \nsome secret place, the owner being unknown, although it \nis probable that the category might include articles made \nfrom the required metals buried in the ground for other \npurposes, for example in connection with an ancient sep \nulture. In the United States, the state has never claimed \ntitle to lost property by virtue of its character as treasure \ntrove, and it has been stated that the law relating thereto \nis merged with that of lost goods generally, although there \nis authority for the proposition that while treasure trove \nin the United States belongs to the finder, found goods \nnot of that character go to the owner of the locus in quo.\" \nRay Andrews Brown, The Law ofPersonal Property  13, at \n27-28 (2d ed. 1955). \nTreasuries. (1922) Debt obligations of the federal govern \nment backed by the full faith and credit of the govern\nment. See TREASuRY BILL; TREASURY BOND; TREASURY \nCERTIFICATE; TREASURY NOTE. [Cases: United States \ntreasury. 1. A place or building in which stores ofwealth \nare kept; esp., a place where public revenues are depos\nited and kept and from which money is disbursed to \ndefray government expenses. [Cases: United States \n81.] 2. (cap.) DEPARTMENT. OF THE TREASURY. \nTreasury, First Lord. See FIRST LORD OF THE TREASURY. \nTreasury Bench. In the British House of Commons, the \nfirst row of seats on the right hand of the speaker. _ \nlhe Treasury Bench is occupied by the First Lord of the \nTreasury or principal minister of the Crown. \nTreasury bill. (18c) A short-term debt security issued \nby the federal government, with a maturity of 13, 26, or 52 weeks. -These bills -auctioned weekly or \nquarterly -pay interest in the form of the difference \nbetween their discounted purchase price and their par \nvalue at maturity. Abbr. T-bill. [Cases: United States \n~89.1 \nTreasury bond. (1858) A long-term debt security issued \nby the federal government, with a maturity of 10 to \n30 years. -These bonds are considered risk free, but \nthey usu. pay relatively little interest. -Abbr. T-bond. \n[Cases: United States v91.] \nTIPS bond. A treasurv bond whose face value is \nadjusted to keep pace ~ith the inflation rate. _ 'lhe \nacronym TIPS stands for Treasury inflation-protected \nsecuritie$. Abbr. TIPS. \ntreasury certificate. An obligation of the federal gov\nernment maturing in one year and on which interest is \npaid on a coupon basis. [Cases: United States ~90.1 \nTreasury Department. See DEPARTMENT OF THE \nTREASGRY. \nTreasury inflation-protected securities. See TIPS bond \nunder TREASURY BOND. \nTreasury note. (ISc) An intermediate-term debt security \nissued by the federal government, with a maturity of \ntwo to ten years. -These notes are considered risk\nfree, but they usu. pay relatively little interest. Abbr. \nTnote. [Cases: United States C:~90.1 \nTreasury Regulation. (1860) A regulation promulgated \nby the U.S. Treasury Department to explain or inter\npret a section of the Internal Revenue Code . Treasury \nRegulations are binding on all taxpayers. Abbr. \nTreas. Reg. [Cases: Internal Revenue 0::>3038-3042, \n3045,3048.J \ntreasury security. See treasury stock under STOCK. \ntreasury share. See treasury stock under STOCK. \ntreasury stock. See STOCK. \ntreasury warrant. See WARRANT (2). \ntreating-physician rule. The principle that a treating \nphysician's diagnoses and findings about the degree of \na social-security claimant's impairment are binding \non an administrative-law judge in the absence ofsub\nstantial contrary evidence. [Cases: Social Security and \nPublic Welfare C-::;, 143.65.] \ntreaty. 1. An agreement formally signed, ratified, or \nadhered to between two nations or sovereigns; an \ninternational agreement concluded between two or \nmore states in written form and governed by interna\ntionallaw. Also termed accord; convention; covenant; \ndeclaration; pact. Cf. EXECUTIVE AGREEMENT. [Cases: \nTreaties \n\"[TJhe legal terminology used by the United States to \ndescribe international agreements is markedly different \nfrom that employed elsewhere. Under the U.S. Constitution, \nthe term 'treaty' has a particular meaning an agreement \nmade by the PreSident with the advice and consent of the \nSenate.\" David J. Bederman, International Law Frameworks \n158 (2001). \n\n1641 \ncommer"}
{"text": "David J. Bederman, International Law Frameworks \n158 (2001). \n\n1641 \ncommercial treaty. A bilateral or multilateral treaty \nconcerning trade or other mercantile activities . \nSuch a treaty may be general in nature, as by supply\ning the framework oflong-term commercial relations. \nOr it may be specific, as by detailing the conditions \nof particular branches of trade or other commercial \ntransactions. Sometimes a treaty of this kind deals \nwith an individual project, such as a guaranty agree\nment. [Cases: Treaties C:=>8.] \ndefensive treaty. A treaty in which each party agrees to \ncome to the other's aid if one is attacked by another \nnation. See treaty ofalliance. \n\"Defensive treaties, as generally understood, are made to \nsecure the parties to them against aggression from other \nstates. They may, also, aim at the maintenance of internal \nquiet, or of neutrality amid the conflicts of neighboring \npowers. To attempt to gain any of these objects is not nec \nessarily contrary to the law of nations or to natural justice. \nMutual aid, indeed, against the disturbers of internal quiet, \nmay secure an absolute government against popular \nrevolutions in favor of liberty, but if a confederation or \nalliance may secure to its members the enjoyment of free \ninstitutions, there is no reason, as far as international law \nis concerned, why institutions of an opposite kind may \nnot support themselves in the same way.\" Theodore D. \nWoolsey, Introduction to the Study of International Law \n 107, at 171 (5th ed. 1878). \ndispositive treaty (dis-poZ-;Hiv). A treaty by which a \ncountry takes over territory by impressing a special \ncharacter on it, creating something analogous to a \nservitude or easement in private law. \nguarantee treaty. An agreement between countries \ndirectly or indirectly establishing a unilateral or recip\nrocal guarantee. -Also spelled guaranty treaty. \nAlso termed treaty ofguarantee; quasi-guarantee \ntreaty; pseudo-guarantee treaty. \n\"In many instances where the term 'guarantee' is used \nin international treaties, the contracting parties merely \nintend to underline their Willingness to comply with the \nobligation they have entered into. Obligations of this kind \ndo not fall within the concept of guarantee in the proper \nsense of the term. In this particular respect, the expression \n'pseudo-guarantees' or 'quasiguarantee treaties' is used.\" \nGeorge Ress, \"Guarantee Treaties,\" in 2 Encyclopedia of \nPublic International Law 634 (1995). \nmixed treaty. A treaty with characteristics of different \ntypes of treaties, esp. contrasting types (e.g., perma\nnent and transitory, or personal and real). \nnonaggression treaty. See NONAGGRESSION PACT. \nnonproliferation treaty. A treaty forbidding the \ntransfer of nuclear weapons from a country with a \nnuclear arsenal to one that does not have nuclear\nweapons capability. -The first such treaty was con\ncluded in 1968, and now more than 100 nations have \nagreed to its terms. Also termed nuclear-nonpro\nliferation treaty. \noffensive treaty. A treaty in which the parties agree to \ndeclare war jointly on another nation and join forces \nto wage the war. See treaty ofalliance. \npeace treaty. A treaty Signed by heads ofstate to end a \nwar. -Also termed treaty ofpeace. Cf. TRUCE. [Cases: \nWar and National EmergencyC:=>33.] treaty \n\"A peace differs not from a truce essentially in the length \nof its contemplated duration, for there may be very long \narmistices and a state of peace continuing only a definite \nnumber of years. The ancients often concluded treaties \nof peace which were to expire after a certain time ....\" \nTheodore D. Woolsey, Introduction to the Study of Interna\ntional Law  158, at 268 (5th ed. 1878). \npermanent treaty. A treaty that contemplates ongoing \nperformance (as with a treaty of neutrality). \npersonal treaty. Hist. A treaty relating exclusively to \nthe contracting sovereign as a person. -Examples \nof personal treaties are family alliances and treaties \nguaranteeing the throne to a particular sovereign and \nhis or her family. With the advent of constitutional \ngovernment in Europe, personal treaties have lost \ntheir importance. \npseudo-guarantee treaty. See guarantee treaty. \nquaSi-guarantee treaty. See guarantee treaty. \nreal treaty. A treaty relating solely to the subject matter \nof the compact, independently of the persons of the \ncontracting sovereigns. _ Real treaties continue to \nbind the state even when the heads of government \nchange. \ntransitory treaty. A treaty carried into effect once and \nfor all, so that it is complete when the act has been \nperformed (as with a treaty of cession). \ntreaty ofalliance. A treaty establishing mutual and \nreciprocal support obligations . A treaty ofalliance \nmay be for support in defense, aggression, or both. \nSee defenSive treaty; offensive treaty. \n\"A treaty ofalliance can bind the parties to no injustice, nor \njustify either of them in being accessory to an act of bad \nfaith on the part of another. Hence a defensive, still more \nan offenSive alliance, can only contemplate, if lawful, the \nwarding off of intended injustice.\" Theodore D. Woolsey, \nIntroduction to the Study of!nternational Law  107, at 172 \n(5th ed. 1878). \ntreaty ofguarantee. See guarantee treaty. \ntreaty ofneutrality. A treaty in which the parties agree \nnot to engage in any aggressive action against one \nanother, whether indiVidually or jOintly with others, \nand not to interfere with the other party's affairs. \n lhere is no commitment to aid another party in \nthe event of war -only to refrain from becoming \ninvolved. \n\"Treaties ofneutrality are reciprocal engagements to have \nno part in the conflicts between other powers to remain \nat peace in an apprehended or an actual war. They are \nsuggested by, and prevent the evils of that interference \nof nations in each other's affairs, for the preservation of \nthe balance of power or the safety of the parties interfer \ning, which is so common in modern history.\" Theodore \nD. Woolsey, Introduction to the Study of International Law \n 107, at 172 (5th ed. 1878). \ntreaty ofpeace. See peace treaty. \n2. A contract or agreement between insurers provid\ning for treaty reinsurance. See treaty reinsurance under \nREINSURANCE. [Cases: Insurance C:=>3593.] 3. A nego\ntiated contract or agreement between private persons. \n\n1642 Treaty Clause \nprivate treaty. An agreement to convey property nego\ntiated by the buyer and seller or their agents. _ This \nterm is esp. common in the u.K. \nTreaty Clause. The constitutional provision giving the \nPresident the power to make treaties, with the advice \nand consent ofthe Senate. U.S. Canst. art. II,  2. [Cases: \nTreaties \ntreaty-created law. See CONVENTIONAL LAW. \ntreaty-made law. See CONVENTIONAL LAW. \ntreaty ofreinsurance. See REINSURANCE TREATY. \ntreaty power. (1835) The President's constitutional \nauthority to make treaties, with the advice and consent \nof the Senate. See TREATY CLAUSE. [Cases: Treaties \n2.] \ntreaty reinsurance. See REINSURANCE. \ntreble damages. See DAMAGES. \ntrebucket (tree-b:::lk-it). See CASTIGATORY. \ntrend. A price pattern in the stock market generally or \nin a particular stock. \nmajor trend. A long-term trend ofthe stock market; \na general increase or decrease of stock prices over \nan extended period. -Also termed fundamental \ntrend. \nmarket trend. The direction of stock-market prices over \na several-month period. \ntrespass (tres-p:::ls or tres-pas), n. (13c) 1. An unlawful act \ncommitted against the person or property of another; \nesp., wrongful entry on another's real property. Cf. \nunlawful entry under ENTRY (1). [Cases: Trespass (;=: \n1-15.] 2. At common law, a legal action for injuries \nresulting from an unlawful act ofthis kind. 3. Archaic. \nMISDEMEANOR. -trespass, vb. trespassory (tres\np:::l-sor-ee), adj. \n\"The familiar legend on notice-boards, 'Trespassers will be \nprosecuted,' implies that it is a crime, but this may usually \nbe dismissed as 'a wooden lie.' Yet in time past the idea \nwas correct, for trespass of any sort was punishable by \nfine and imprisonment as well as redressible by an action \nfor damages, and actually it was not until 1694 that the \npunitive element disappeared although it had faded into \nobsolescence long before that date. But nowadays trespass \nis never criminal except under special statutes which make \nit punishable ...\" P.H. Winfield, A Textbook of the Lawof \nTort  90, at 307 (5th ed. 1950). \n\"The term trespass has been used by lawyers and laymen \nin three senses of varying degrees of generality. (1) In its \nwidest and original signification it includes any wrongful \nact any infringement or transgression of the rule of right. \nThis use is common in the Authorised Version of the Bible, \nand was presumably familiar when that version was first \npublished. But it never obtained recognition in the techni\ncal language of the law, and is now archaic even in popular \nspeech. (2) In a second and narrower signification -its \ntrue legal sense -the term means any legal wrong for \nwhich the appropriate remedy was a writ of trespass -viz. \nany direct and forcible injury to person, land, or chattels. \n(3) The third and narrowest meaning of the term is that in \nwhich, in accordance with popular speech, it is limited to \none particular kind of trespass in the second sense viz. \nthe tort of trespass to land (trespass quare clausum fregit).\" \nR.F.V. Heuston, Salmond on the Law of Torts 4 (] 7th ed. \n1977). \"Before the word 'misdemeanor' became well established \nthe old writers tended to use the word 'trespass' to indicate \nan offense below the grade of felony. And it was used \nat times by Blackstone for this purpose, as in the phrase \n'treason, felony, or trespass.'\" Rollin M. Perkins & Ronald \nN. Boyce, Criminal Law 405 (3d ed. 1982). \ncattle-trespass. Hist. Trespass by one's cattle or other \nanimals on another's land, as a result of which the \nother might either distrain them damage feasant or \nsue for trespass in the local courts. -At first (from \nthe early 13th century) this type of trespass applied \nonly to intentional trespass by the keeper ofthe cattle, \nbut in 1353 it was extended to beasts that had merely \nescaped. This type of trespass gave rise to strict liabil\nity. [Cases: Animals (;=:89.] \n\"It has long been settled that liability for cattle-trespass is \nindependent of negligence, and it is that which constitutes \nits strictness. And, in spite of some confusion in time past, \nit is quite distinct from the SCienter type of liability. In Lee \nv. Riley [(1865), 18 CB. (N.5.) 722] the defendant's mare \nstrayed through a gap in his fence, which it was his duty to \nrepair, to the plaintiff's land and there quarrelled with and \nkicked the plaintiff's horse. The defendant was held liable \nfor cattle-trespass. A great deal of argument was expended \nat the trial on whether the defendant had notice of the \nferocious disposition of his mare, but Erie, CJ., pointed out \nthat, however relevant that might have been in a scienter \naction, it was beSide the mark in one for cattle-trespass.\" \nP.H. Winfield, A Textbook of the Law of Ton  148, at 518 \n(5th ed. 1950). \nconstructive trespass. See trespass to chattels. \ncontinuing trespass. A trespass in the nature of a per\nmanent invasion on another's rights, such as a sign \nthat overhangs another's property. [Cases: Trespass \ncriminal trespass. 1. A trespass on property that is \nclearly marked against trespass by signs or fences. \n[Cases: Trespass (;:::\"81.] 2. A trespass in which \nthe trespasser remains on the property after being \nordered off by a person authorized to do so. \ninnocent trespass. A trespass committed either unin\ntentionally or in good faith. [Cases: Trespass \njoint trespass. A trespass that two or more persons \nhave united in committing, or that some have actually \ncommitted while others commanded, encouraged, or \ndirected it. [Cases: Trespass (;::c:;31.] \npermanent trespass. A trespass consisting ofa series of \nacts, done on consecutive days, that are of the same \nnature and that are renewed or continued from day \nto day, so that the acts in the aggregate form one indi\nvisible harm. \ntrespass ab initio (ab i-nish-ee-oh). An entry on land \nthat, though begun innocently or with a privilege, \nis deemed a trespass from the beginning because of \nconduct that abuses the privilege. [Cases: Trespass \ntrespass by relation. A trespass committed when the \nplaintiffhad a right to immediate possession ofland \nbut had not yet exercised that right. _ When the plain\ntiff takes possession, a legal fiction treats the plainti ff \nas having had posseSSion ever since the accrual of the \n\n1643 \nright of entry. This is known as trespass by relation \nbecause the plaintiff's possession relates back to the \ntime when the plaintiff first acquired a right to pos\nsession. \ntrespass de bonis asportatis (dee hoh-nis as-par-tay\ntis). [Latin \"trespass for carrying goods away\"] 1. A \nwrongful taking of chattels . This type of trespassory \ntaking was also an element of common-law larceny. \n2. At common law, an action to recover damages for \nthe wrongful taking of ch"}
{"text": "element of common-law larceny. \n2. At common law, an action to recover damages for \nthe wrongful taking of chattels. Abbr. trespass \nd.b.a. -Often shortened to trespass de bonis. -Also \ntermed trespass to personal property. [Cases: Trespass \nC::06.] \ntrespass on the case. (ISc) At common law, an action \nto recover damages that are not the immediate result \nof a wrongful act but rather a later consequence. \nThis action was the precursor to a variety of modern\nday tort claims, including negligence, nuisance, and \nbusiness torts. -Often shortened to case. -Also \ntermed action on the case; breve de transgressione \nsuper casum. [Cases: Trespass 1, 16, 17.] \n\"The most important of the writs framed under the author\nity of the statute of Westminster 2 is that of 'trespass on \nthe case: to meet cases analogous to trespass in delict, \nbut lacking the element of direct or immediate force or \nviolence. This writ gave a form of action in which the court \nwas enabled to render judgment of damages in cases of \nfraud, deceit, negligence, want of skill, defamation oral or \nwritten, and all other injurious acts or omissions resulting \nin harm to person or property, but wanting the vi et armis, \nthe element of direct force and violence, to constitute \ntrespass.\" Edwin E. Bryant, The Law ofPleading Under the \nCodes of Civil Procedure 7 (2d ed. 1899). \n\"Common law recognizes a distinction between the actions \nof trespass vi et armis (or simply trespass) and trespass on \nthe case. This distinction has been expressed by stating \nthat a tort committed by the direct application of force is \nremediable by an action for trespass, while a tort accom\nplished indirectly is a matter for trespass on the case. \nOther authority makes the distinction on the basis of the \ndefendant's intent, stating that trespass involves a willful \nand deliberate act while trespass on the case contemplates \nan act or omission resulting from negligence.\" 1 Am. Jur. \n2d Actions  23, at 738 (1994). \ntrespass quare clausum fregit (kwair-ee-klaw-zam\nfree-jit). [Latin \"why he broke the close\"] (17c) 1. \nA person's unlawful entry on another's land that is \nvisibly enclosed . This tort consists of doing any of \nthe follOWing without lawful justification: (1) entering \nupon land in the possession ofanother, (2) remaining \non the land, or (3) placing or projecting any object \nupon it. 2. At common law, an action to recover \ndamages resulting from another's unlawful entry on \none's land that is Visibly enclosed. -Abbr. trespass \nq.c.f. -Also termed trespass to real property; trespass \nto land; quare clausum querentis fregit. See trespass vi \net armis. [Cases: Trespass ~10, 16, 17.] \n\"Every unwarrantable entry on another's soil the law \nentitles a trespass by breaking his close; the words of the \nwrit of trespass commanding the defendant to shew cause, \nquare clausum querentis fregit. For every man's land is in \nthe eye of the law enclosed and set apart from his neigh\nbour's: and that either by a visible and material fence, as \none field is divided from another by a hedge; or, by an ideal \ninvisible boundary, existing only in the contemplation of trespasser \nlaw, as when one man's land adjoins to another's in the \nsame field. And every such entry or breach of a man's close \ncarries necessarily along with it some damage or other; \nfor, if no other special loss can be assigned, yet still the \nwords of the writ itself specify one general damage, viz. \nthe treading down and bruising his herbage.\" 3 William \nBlackstone, Commentaries on the Laws of England 209-1 0 \n(1768). \ntrespass to chattels. (1843) The act of committing, \nwithout lawful justification, any act ofdirect physical \ninterference with a chattel possessed by another . \nThe act must amount to a direct forcible injury. \nAlso termed trespass to goods; constructive trespass. \n[Cases: Trespass ~5.J \n\"Trespass to goods is a wrongful interference with the pos\nseSSion of them. It may take innumerable forms, such as \nscratching the panel of a coach, removing a tire from a car, \ninjuring or destroying goods, or in the case of animals, \nbeating or killing them, or infecting them with disease. \nAll that is necessary is that the harm done should be \ndirect ....\" P.H. Winfield, A Textbook of the Law of Tort \n 99, at 345 (5th ed. 1950). \ntrespass to goods. See trespass to chattels. \ntrespass to land. See trespass quare clausum fregit (2). \ntrespass to personal property. See trespass de bonis \nasportatiS. \ntrespass to real property. See trespass quare clausum \nfregit (2). \ntrespass to try title. (1826) 1. In some states, an action \nfor the recovery of property unlawfully withheld from \nan owner who has the immediate right to possession. \n2. A procedure under which a claim to title may be \nadjudicated. \ntrespass vi et armis (VI et ahr-mis). [Latin \"with force \nand arms\"] (l7c) 1. At common law, an action for \ndamages resulting from an intentional injury to \nperson or property, esp. ifby violent means; trespass \nto the plaintiff's person, as in illegal assault, battery, \nwounding, or imprisonment, when not under color \noflegal process, or when the battery, wounding, or \nimprisonment was in the first instance lawful, but \nunnecessary violence was used or the imprisonment \ncontinued after the process had ceased to be lawful. \n lhis action also lay for injury to relative rights, \nsuch as menacing tenants or servants, beating and \nwounding a spouse, criminal conversation with or \nsedUcing a wife, or debauching a daughter or servant. \n2. See trespass quare clausum fregit. -In this sense, \nthe \"force\" is implied by the \"breaking\" of the dose \n(that is, an enclosed area), even ifno real force is used. \n[Cases: Trespass ~17.] \ntrespass d.h.a. See trespass de bonis asportatis under \nTRESPASS. \ntrespasser. (14c) One who commits a trespass; one who \nintentionally and without consent or privilege enters \nanother's property. _ In tort law, a landholder owes \nno duty to unforeseeable trespassers. Cf. INVITEE; \nLICENSEE (2). [Cases: Trespass (;:::->9.J \n\"The word 'trespasser' has an ugly sound, but it covers \nthe wicked and the innocent. The burglar and the \narrogant squatter are trespassers, but so are all sorts of \n\n1644 trespass for mesne profits \ncomparatively innocent and respectable persons such as \na walker in the countryside who unhindered strolls across \nan open field. Perhaps much of the trouble in this area has \narisen from 'the simplistic stereotype' of the definition. \nThe courts are therefore beginning to recognise that the \nduty of the occupier may vary according to the nature of \nthe trespasser.\" R.FV. Heuston, Salmond on the Law ofTorts \n278 (17th ed. 1977). \ninnocent trespasser. (1888) One who enters another's \nland unlawfully, but either inadvertently or believing \nin a right to do so. [Cases: Trespass C=>2, 23.J \ntrespass for mesne profits. Hist. An action -supple\nmenting an action for ejectment brought against a \ntenant in possession to recover the profits wrongfully \nreceived during the tenant's occupation. [Cases: Eject\nment (;::>128.] \ntrespass q.c.f. See trespass quare clausum fregit under \nTRESPASS. \ntret (tret), n. An allowance or abatement of a certain \nweight or quantity that a seller makes to a buyer because \nof water or dust that may be mixed with a commodity. \nCf. TARE. \ntriable, adj. (15c) Subject or liable to judicial examina\ntion and trial <a triable offense>. \ntriable either way. English law. (Of an offense) prose\ncutable either in the Crown Court or in a magistrates' \ncourt. \n\"The criminal courts in England and Wales are the magis \ntrates' courts and the Crown Court. Those offences con \nsidered least serious are summary offences, triable only \nin the magistrates' courts. Those offences considered \nmost serious are triable only on indictment, in the Crown \nCourt. A large number of offences, such as theft and most \nburglaries, are 'triable either way,' in a magistrates' court \nor the Crown Court. For these offences the defendant can \nelect to be tried at the Crown Court, where there is ajudge \nand jury. If the defendant does not wish a Crown Court \ntrial, the magistrates may decide (having heard representa \ntions from the prosecutor) that the case is so serious that it \nshould be committed to the Crown Court for trial.\" Andrew \nAshworth, Principles ofCriminal Law 16 (1991). \ntrial. (15c) A formal judicial examination of evidence \nand determination oflegal claims in an adversary pro\nceeding. [Cases: Federal Civil Procedure (;::>1951; Trial \n(;::18.J \nabortive trial. See MISTRIAL. \nbench trial. (1954) A trial before a judge without a \njury. The judge decides questions of fact as well as \nquestions oflaw. -Also termed trial to the bench; \nnonjury trial; court trial; trial before the court (abbr. \nTBC); judge trial. [Cases: Criminal Law \n260.13; Federal Civil Procedure (;::>2251; Trial \n367-387.] \nbifurcated trial. (1945) A trial that is divided into two \n. such as for guilt and punishment or for liabil\nity and damages. -Also termed two-stage trial. Cf. \nSEVERANCE (2). [Cases: Federal Civil Procedure \n1954; Sentencing and Punishment C-~334; Trial \n3.] \nclosed trial. A trial that is not open to the public, usu. \nbecause of some overriding concern such as a need to protect a child's anonymity or for security. [Cases: \nCriminal Law (;::>635; Federal Civil Procedure (;::> \n1951; Trial (;::>20.] \ncourt trial. See bench trial. \nfair trial. See FAIR TRIAL. \njoint trial. (18c) A trial involving two or more parties; \nesp., a criminal trial of two or more persons for the \nsame or similar offenses. [Cases: Criminal Law \n622.] \njudge trial. See bench trial. \njury trial. (l8c) A trial in which the factual issues are \ndetermined by a jury, not by the judge. -Also termed \ntrial by jury. \nmock trial. See MOCK TRIAL. \nnew trial. (16c) A postjudgment retrial or reexami\nnation of some or all of the issues determined in an \nearlier judgment.  The trial court may order a new \ntrial by motion ofa party or on the court's own initia\ntive. Also, when an appellate court reverses the trial \ncourt's judgment, it may remand the case to the trial \ncourt for a new trial on some or all of the issues on \nwhich the reversal is based. See Fed. R. Civ. P. 59; Fed. \nR. Crim. P. 33. See MOTION FOR NEW TRIAL; REMAND. \n[Cases: Criminal Law (;::>905-96Si Federal Civil Pro\ncedure (;:J2311; New Trial (;::>0.5.} \nnonbinding minUrial. See summary jury trial. \nnonbinding summary jury trial. See summary jury \ntrial. \nnonjury trial. See bench trial. \nperfect trial. A trial free from all error. \npolitical trial. (I8c) A trial (esp. a criminal prosecution) \nin which either the prosecution or the defendant (or \nboth) uses the proceedings as a platform to espouse \na particular political belief; a trial of a person for a \npolitical crime. See SHOW TRIAL. \npublic trial. A trial that anyone may attend or observe. \n[Cases: Criminal Law (;:::,635; Federal Civil Proce\ndure 1951; Trial \nseparate trial. (I8c) 1. Criminal procedure. The indi\nvidual trial ofeach ofseveral persons jointly accused \nofa crime. Fed. R. Crim. P. 14. [Cases: Criminal Law \n(;::>622) 2. Civil procedure. Within a single action, \na distinct trial of a separate claim or issue or of a \ngroup ofclaims or issues ordered by the trial judge, \nusu. to conserve resources or avoid prejudice. Fed. R. \nCiv. P. 42(b). Cf. SEVERANCE (2). [Cases; Federal Civil \nProcedure (;::> 1953 -1965; Trial (;::>3.] \nshort-cause trial. See short cause under CAUSE (3). \nshow trial. See SHOW TRIAL. \nspeedy trial. See SPEEDY TRIAL. \nstate trial. A trial for a political offense. \nsummary jury trial. (1984) A settlement technique in \nwhich the parties argue before a mock jury, which \nthen reaches a nonbinding verdict that will assist the \nparties in evaluating their positions. -Also termed \n\n1645 tribal-exhaustion doctrine \nnonbinding summary jury trial; nonbinding minitrial. \nCf. MOCK TRIAL. [Cases: Federal Civil Procedure \n2252.] \ntrial at bar. Hist. A trial before all the judges of the \ncourt in which the proceedings take place. Also \ntermed trial at the bar. \ntrial at nisi prius (nI-SI prJ-d8). Hist. A trial before the \njustices of assize and nisi prius in the county where \nthe facts are alleged to have occurred, and from which \ncounty the jurors have been summoned. \ntrial before the court. See bench trial. \ntrial by battle. See TRIAL BY COMBAT. \ntrial by"}
{"text": "trial before the court. See bench trial. \ntrial by battle. See TRIAL BY COMBAT. \ntrial by certificate. His!. A trial in which the issue is \ndecided on evidence in the form of witnesses' certifi\ncates of what they individually know. \ntrial by combat. See TRIAL BY COMBAT. \ntrial by duel. See TRIAL BY COMBAT. \ntrial by inspection. Hist. A trial in which the judge \ndecided the dispute by individual observation and \ninvestigation, without the benefit of a jury. \ntrial byjury. See jury trial. \ntrial by ordeal. See ORDEAL. \ntrial by record. Hist. A trial in which, a record having \nbeen pleaded by one party and denied by the other, \nthe record is inspected in order to decide the dispute, \nno other evidence being admissible. See NUL TIEL \nRECORD. \ntrial by the country. See trial per pais. \ntrial by the record. A trial in which one party insists that \na record exists to support its claim and the opposing \nparty denies the existence of such a record . Ifthe \nrecord can be produced, the court will consider it in \nreaching a verdict otherwise, it will rule for the \nopponent. \ntrial de novo (dee or di noh-voh). (I8c) A new trial on \nthe entire case that is, on both questions offact and \nissues oflaw conducted as ifthere had been no trial \nin the first instance. [Cases: Appeal and Error (~~'892; \nCriminal Law~')260; Federal Courts C:=>776.] \ntrial in absentia. A trial held without the accused being \npresent . In the United States, a trial may be held in \nabsentia only ifthe accused has either voluntarily left \nafter the trial has started else has so disrupted the pro\nceedings that the judge orders the accused's removal \nas a last resort. [Cases: Criminal Law C:=>636.] \ntrial on the merits. (I8c) A trial on the substantive \nissues of a case, as opposed to a motion hearing or \ninterlocutory matter. \ntrial per pais (pdr payor pays). [Law French trial by \nthe country\"] (17c) Trial by jury. -Also termed trial \nby the country. Cf. CONCLUSION TO THE COUNTRY; \nGOING TO THE COUNTRY; PATRIA (3). \ntrial to the bench. See bench trial. \ntrifurcated trial. (1959) A trial that is divided into \nthree stages, such as for liability, general damages, and special damages. [Cases: Federal Civil Procedure \nC:=> 1961; Trial C:=>3(5.1).) \ntwo-stage trial. See bifurcated trial. \ntrial brief. See BRIEF. \ntrial by combat. Hist. A trial that is decided by personal \nbattle between the disputants, common in Europe \nand England during the Middle Ages; specif., a trial in \nwhich the person accused fought with the accuser, the \nidea being that God would give victory to the person in \nthe right . This method was introduced into England \nby the Normans after 1066, but it was a widely detested \ninnovation and was little used. It became obsolete \nseveral centuries before being formally abolished in \n1818, having been replaced in practice by the grand \nassize and indictment. Also termed trial by battle; \ntrial by wager ofbattle; trial by duel; judicial combat; \nduel; duellum; wager ofbattle; ornest; vadiatio duelli; \nwehading. See JUDICIUM DEL \ntrial by corsnaed. See ordeal of the morsel under \nORDEAL. \ntrial by duel. See TRIAl. BY COMBAT. \ntrial by oath. See COM PURGATION. \ntrial by ordeal. See ORDEAL. \ntrial by wager ofbattle. See TRIAL BY COMBAT. \ntrial calendar. See DOCKET (2). \ntrial counsel. See COUNSEL. \ntrial court. See COURT. \ntrial de novo. See TRIAL. \ntrial examiner. See ADMINISTRATIVE-LAW JUDGE. \ntrial franchise. See FRANCHISE (4). \ntrial judge. See JUDGE. \ntrial jury. See petit jury under JURY. \ntrial ofright ofproperty. 1. INTERVENTION (1). 2. INTER\nVENTION (2). \ntrial per pais. See TRIAL. \ntrial-setting preference. See speCial setting under \nSETTING. \ntrial-type hearing. See ADMINISTRATIVE PROCEEDING. \ntriangular merger. See MERGER. \nTribal Court. Under the Indian Child Welfare Act, a \ncourt with child-custody jurisdiction that is (1) a Court \nofIndian Offenses, (2) a court established and operated \nunder an Indian tribe's code or custom, or (3) any other \ntribal administrative body that is vested with authority \nover child-custody proceedings . The Tribal Court is \ncomposed of tribal members, is usu. situated on the \nreservation, and varies in its characteristics from tribe \nto tribe. It is not part of any state's judicial system, \ninstead operating more or less as a judicial system ofa \nforeign nation. See INDIAN CHILD WELFARE ACT. [Cases: \nIndians C:=> 134(3).] \ntribal-exhaustion doctrine. 1he general principle that \nwhen an Indian tribal court, original or appellate, has \npersonal and subject-matter jurisdiction, the parties \n\ntribal land 1646 \nmust pursue all remedies available under tribal law \nbefore turning to nontribal courts. - A federal court \nmay review a challenge to jurisdiction only after the \ntribal court has established it has jurisdiction and deter\nmined the case on the merits. See National Farmer's \nUnion Ins. Co. v. Crow Tribe, 471 U.S. 845,856-57, 105 \nS.Ct. 2447, 2454 (1985). \ntribal land. A part of an Indian reservation that is not \nallotted to or occupied by individual Indians but is held \nas the tribe's common land. Cf. INDIAN I~AND. [Cases: \nIndians \ntribunal (trI-byoo-n~l). (15c) 1. A court or other adjudi\ncatory body. 2. The seat, bench, or place where a judge \nsits. \ntributary (trib-ya-ter-ee), n. (14c) A stream flowing \ndirectly or indirectly into a river. \ntribute (trib-yoot), n. (14c) 1. An acknowledgment of \ngratitude or respect. 2. A contribution that a sover\neign raises from its subjects to defray the expenses of \nstate. 3. Money paid by an inferior sovereign or state \nto a superior one to secure the latter's friendship and \nprotection. \ntributum (tri-byoo-t~m), n. [Latin] Roman law. Origi\nnally, a war tax; later, a regular tax on land or persons \nin the Roman provinces. \ntri-chad. See CHAD. \ntrier offad. See FACT-FINDER. \ntrifurcated trial. See TRIAL. \ntrigamy (trig-;)-mee), n. (17c) The act of marrying a \nperson while legally married to someone else and biga\nmously married to yet another. [Cases: Bigamy C=>1.J \n\"Trigamy, literally three marriages, is often used for a \nspecial situation. 'Trigamy,' in the sense of the special \nproblem of the third wife, stems from the premise that \ninvalidity of the alleged prior marriage is a good defense \nto a charge of bigamy. Thus in a bigamy prosecution a so\ncalled common-law marriage can be relied upon to estab\nlish either the first or second marriage, if it is recognized \nin the jurisdiction as giving rise to the marital status, but \ncannot be relied upon where it is not so recognized. A \nlogical result is that a charge of bigamy may be defeated \nby showing that the alleged prior marriage, relied upon \nto support the charge, was itself void because of an even \nearlier marriage existing at the time-as was held about \n1648 in Lady Madison's Case, For example, 0 marries A, \nand afterward while A is alive marries B, and still later \nwhen A is dead but B alive, marries C. The marriage to C \nis not bigamy because the marriage to B was bigamous \nand void.\" Rollin M. Perkins & Ronald N. Boyce, Criminal \nLaw458 (3d ed. 1982). \ntriggering condition. See CONDITION (2). \nTrinity House.lvfaritime law. A British corporation char\ntered in 1514 to train and license pilots and officially \nregulate pilotage. -Trinity House has also erected and \nmaintained aids to navigation, such as lighthouses and \nbuoys, on the coasts of Great Britain. \nTrinity sittings. English law. A term of court begin\nning on May 22 ofeach year and ending on June 12. _ \nThis was known until 1875 as Trinity term. Cf. EASTER \nSITTINGS; HILARY SITTINGS; MICHAELMAS SITTINGS. tripartite (tn-pahr-tIt), adj. (15c) InvolVing, composed \nof, or divided into three parts or elements <a tripartite \nagreement>. \ntripartite lease. See finance lease under LEASE. \ntripartite test. Patents. A judicial test for determining \npatent infringement by looking at whether a challenged \ndevice or process, though outside the literal scope of the \npatent claims, performs the function in substantially \nthe same way. See SGBSTANTIAL EQUIVALENT. \ntriple damages. See treble damages under DAMAGES. \ntriple net lease. See net-net-net lease under LEASE. \ntriple ordeal. See ORDEAL. \ntriple trigger. Insurance. (1981) A theory ofcoverage pro\nviding that all insurers on a risk must cover a loss from \nthe day a claimant is first exposed to an injury-produc\ning product (such as asbestos) to the date of diagnosis \nor death, whichever occurs first. _ This term was first \nused in Keene Corp. v. Insurance Co. ofN. Am., 667 F.2d \n1034 (D.C. Cir. 1981), cert denied, 445 U.S. 1007, 102 \nS.Ct. 1644 (1982). -Also termed continuous trigger. Cf. \nACTUAL-INJURY TRIGGER; EXPOSURE THEORY; MANI\nFESTATION THEORY. [Cases: InsuranceC=>2265.] \ntriplicatio (trip-Ii-kay-shee-oh), n. [Latin] Roman law. A \ndefendant's response to a plaintiffs replicatio. PI. trip\nlicationes (trip-li-kay-shee-oh-neez). See REPLlCATIO. \nCf. QUADRUPLICATIO. \nTRIPs. abbr. Intellectual property. The Agreement on \nTrade-Related Aspects ofIntellectual Property Rights, \na treaty that harmonized and strengthened the intel\nlectual-property laws of its signatories by linking the \nobligation to protect the intellectual-property rights of \nother members' citizens with a mechanism for settling \ninternational trade disputes. _ TRIPs was negotiated at \nthe 1994 Uruguay Round ofthe General Agreement on \nTariffs and Trade (GATT). More than 150 nations are \nparties to the agreement. In the field of patents, TRIPs \nstandardized patentable subject matter to include med\nicines, required testing for nonobviousness and utility, \nand protected patentees from infringing imports. In \nresponse to the agreement Congress (1) changed patent \nterms to 20 years from the date ofapplication, rather \nthan 17 years from the date ofissue; (2) allowed foreign \nfilers to prove priority by inventive efforts that preceded \nfiling; (3) widened the definition of infringement to \ncover offering for sale and importing; and (4) permit\nted provisional applications, with brief descriptions \nand no claims, to establish priority. 33 I.L.M. 1197. In \nthe field ofcopyrights, TRIPs incorporates most ofthe \nprovisions of the Berne Convention for the Protection \nof Literary or Artistic Works, and sets the length of \ncopyright protection as the life of the author plus 50 \nyears. In the field oftrademarks, TRIPs sets the initial \nterm ofa trademark registration as not less than seven \nyears, and makes it renewable indefinitely. Nations \nsubject to TRIPs may make registrability dependent \non use but may not require use as a condition for filing \nan application. Also written TRIPS. -Also termed \nTRIPs Agreement. \n\n1647 trust \n\"Articles 1~8 of TRIPs include the basic principles of \nnational treatment and most-favoured-nation treatment. \nThat is, each Member must give to the nationals of other \nMembers treatment no less favourable than that given to \nits own nationals, and must give to the nationals of all \nMembers the same privileges as are given to the nation\nals of any Member. Thus, subject to certain exemptions, \nbilateral agreements between Members should no longer \nbe permitted,\" Philip W, Grubb, Patents for Chemicals, Phar\nmaceuticals and Biotechnology 31 (3d ed. 1999), \ntristis successio (tris-tis sdk-ses[h]-ee-oh). See hereditas \nluctuosa under HEREDITAS. \ntriverbial days (tn-var-bee-dl). See dies fasti under \nDIES. \ntrivial, adj. (I6c) Trifling; inconsiderable; ofsmall worth \nor importance. \nTRO (tee-ahr-oh). abbr. TEMPORARY RESTRAINING \nORDER. \ntroubled asset. See ASSET. \ntrover (troh-vdr). (16c) A common-law action for the \nrecovery of damages for the conversion of personal \nproperty, the damages generally being measured by the \nproperty's value. -Also termed trover and conversion. \nCf. DETINUE; REPLEVIN. [Cases: Trover and Conversion \n43.] \n\"Trover may be maintained for all kinds of personal \nproperty, including legal documents, but not where articles \nare severed from land by an adverse possessor, at least \nuntil recovery of"}
{"text": "\nproperty, including legal documents, but not where articles \nare severed from land by an adverse possessor, at least \nuntil recovery of possession of the land. It lies for the mis\nappropriation of specific money, but not for breach of an \nobligation to pay where there is no duty to return specific \nmoney.\" Benjamin J Shipman, Handbook ofCommon-Law \nPleading  43, at 99 (Henry Winthrop Ballantine ed., 3d \ned. 1923). \ntruancy (troo-dn-see), n. (iSc) The act or state ofshirking \nresponsibility; esp., willful and unjustified failure to \nattend school by one who is required to attend. [Cases: \nSchools C=> 161.] -truant, adj. & n. \ntruancy officer. An official responsible for enforcing laws \nmandating school attendance for minors of specified \nages (usu. 16 and under). -Also termed truant officer; \nattendance officer. [Cases: Schools C=> 161.] \ntruant, n. A person who without permission is absent \nfrom work or school or who shirks a duty. [Cases: \nSchools ~J161.] \ntruce. Int'llaw. A suspension or temporary cessation of \nhostilities by agreement between belligerent powers. \nAlso termed armistice; ceasefire; suspension ofarms. \nCf. peace treaty under TREATY (1). [Cases: War and \nNational EmergencyC=>33.1- trucial, adj. \ngeneral truce. A truce suspending hostilities in all \nplaces. \nspecial truce. A truce referring only to operations \nbefore a specific fortress or in a district, or between \ncertain detachments ofarmies. Also termed partial \ntruce. \ntruck. Hist. Scots law, The payment ofwages in scrip or \ngoods. Truck systems, once common where workers \nhad to live in isolated areas and depended on company stores for food and clothing, were abolished in the 19th \ncentury. \n\"Truck was payment not in money but in goods or tickets \nwhich could be exchanged for goods, .. , The principle that \ncontractors could buy in bulk and retail to the workmen, \ndeducting the cost from their wages, was sound but was \nopen to abuse; in fact truck became a means of robbery. \nRailway contractors frequently made more profit from \ntruck than from the contract, .. , Truck shops, frequently \ncalled tommy shops or tally shops, might be run by the \ncontractor or let by him to an associate or a shopkeeper for \na rent or on the basis that part of the shop profits would go \nback to the contractor. The goods were frequently inferior \nand sold at excessive prices. David M, Walker, 6 A Legal \nHistory ofScotland 820 (2001), \ntrue admission. See judicial admission under ADMIs\nSION (1). \ntrue and correct. Authentic; accurate; unaltered <we \nhave forwarded a true and correct copy ofthe expert's \nreport>. Also termed true and exact. \ntrue bill, n. (lSc) A grand jury's notation that a criminal \ncharge should go before a petty jury for trial <the grand \njury returned a true bill, and the state prepared to pros\necute>. -Also termed billa vera, Cf. NO BILL. [Cases: \nGrand JuryC=>42.] \ntrue-bill, vb. To make or deliver a true bill on <the grand \njury true-billed the indictment>, \ntrue copy. See COPY. \ntrue defense. See DEFENSE (1). \ntrue legal impossibility. See legal impossibility (1) under \nIMPOSSIBILITY. \ntrue mark. See technical trademark under TRADE\nMARK. \ntrue residue. See CLEAR RESIDUE. \ntrue trademark. See technical trademark under TRADE\nMARK. \ntrue value. See fair market value under VALUE (2). \ntrue-value rule. The rule requiring that one who sub\nscribes for and receives corporate stock must pay par \nvalue for it, in either money or its equivalent, so that \na corporation's real assets square with its books . If \ntrue value is less than par value, the stock is deemed \nunpaid for to the full extent ofthe difference, and the \naffected shareholder is liable to creditors for the differ\nence, notwithstanding the directors' good faith. [Cases: \nCorporations C=>232.] \ntrue verdict. See VERDICT. \ntrust, n. (ISc) 1. The right, enforceable solely in equity, to \nthe beneficial enjoyment ofproperty to which another \nperson holds the legal title; a property interest held by \none person (the trustee) at the request of another (the \nsettlor) for the benefit ofa third party (the beneficiary). \nFor a trust to be valid, it must involve specific property, \nreflect the settlor's intent, and be created for a lawful \npurpose. The two primary types of trusts are private \ntrusts and charitable trusts (see below). [Cases: Trusts \nC=> 1.] 2. A fiduciary relationship regarding property \nand charging the person with title to the property with \n\ntrust 1646 \nequitable duties to deal with it for another's benefit; \nthe confidence placed in a trustee, together with the \ntrustee's obligations toward the property and the ben\neficiary. A trust arises as a result of a manifestation \nof an intention to create it. See fiduciary relationship \nunder RELATIONSHIP. 3. Ihe property so held; CORPUS \n(1). \n\"One must distinguish, ... [in] countries where English is \nspoken, between a wide and a narrow sense of the word \n'trust.' In the wide sense a trust exists when property is to \nbe held or administered by one person on behalf of another \nor for some purpose other than his own benefit.... In \nthe narrow or strict sense a trust exists when the creator \nof the trust ... hands over or is bound to hand over the \ncontrol of an asset which, or the proceeds of which, is \nto be administered by another (the trustee or administra\ntor) in his capacity as such for the benefit of some person \n(beneficiary) other than the trustee or for some impersonal \nobject. A trust in this sense is a species of the genus 'trust' \nin the wide sense.\" Tony Honore, The South African Law of \nTrusts  1-2, at 1-3 (3d ed, 1985). \n\"Some courts and legal writers have defined a trust as a \ncertain kind of right that the beneficiary has against the \ntrustee, or a certain kind of interest that the beneficiary \nhas against the trustee, or a certain kind of interest that \nthe beneficiary has in the trust property, thus looking at \nit from the point of view of the beneficiary, While it is true \nthat the beneficiary has the right or interest described, \nthe trust is something more than the right or interest of \nthe beneficiary. The trust is the whole juridical device: the \nlegal relationship between the parties with respect to the \nproperty that is its subject matter, including not merely the \nduties that the trustee owes to the beneficiary and to the \nrest of the world, but also the rights, privileges, powers, \nand immunities that the beneficiary has against the trustee \nand against the rest of the world. It would seem proper, \ntherefore, to define the trust either as a relationship having \ncertain characteristics stated in the definition or perhaps \nas a juridical device or legal institution involving such a \nrelationship,\" 1 Austin W, Scott & William F. Fratcher, The \nLaw of Trusts  2.4, at 42 (4th ed. 1987). \n\"In the strict, traditional a trust involves three \nelements: (1) a trustee, who the trust property and \nis subject to deal with it for the benefit of one or more \nothers; (2) one or more benefiCiaries, to whom and for \nwhose benefit the trustee owes duties with respect to the \ntrust property; and (3) trust property, which is held by \nthe trustee for the beneficiaries. In a more comprehensive \nsense, the trust purpose is often included in discussions \nof the elements of the trusts .... Although all of these \nelements are present in a complete trust, either or both \nof elements (1) and (2) above may be temporarily absent \nwithout destroying the trust or preventing its creation,\" \nRestatement (Third) of Trusts  2 cmt. f (2003). \nA-B-Q trust. See bypass trust. \nA-B trust. See bypass trust. \naccumulation trust. A trust in which the trustee must \naccumulate income and gains from sales of trust \nassets for ultimate disposition with the principal \nwhen the trust terminates,  Many states restrict the \ntime over which accumulations may be made or the \namount that may be accumulated. [Cases: Trusts (;::::' \n280.] \nactive trust. A trust in which the trustee has some \naffirmative duty of management or administration \nbesides the obligation to transfer the property to \nthe beneficiary. Also termed express active trust; special trust; operative trust, Cf. passive trust. [Cases: \nTrusts C=::> 135,) \nAlaska trust. See asset-protection trust (1). \nalimony trust. A trust in which the payor spouse \ntransfers to the trustee property from which the \npayee spouse, as beneficiary, will be supported after \na divorce or separation. \nannuity trust. A trust from which the trustee must pay \na sum certain annually to one or more beneficiaries \nfor their respective lives or for a term of years, and \nmust then either transfer the remainder to or for the \nuse ofa qualified charity or retain the remainder for \nsuch a use . The sum certain must not be less than 5% \nofthe initial fair market value of the property trans\nferred to the trust by the donor. A qualified annuity \ntrust must comply with the requirements of IRC (26 \nUSCA)  664. [Cases: Trusts C=::>281.j \nasset-protection trust. 1. A trust designed specifically \nto insulate assets from the settlor's creditors . When \nthe trust is created using the law of a state, it is also \ntermed a domestic asset-protection trust, It may also \nbe referred to by the name of the specific state, e.g., \nAlaska trust, Delaware trust, or Nevada trust. If it is \ncreated under foreign law, even though the assets are \nwithin the United States, it is also termed an offshore \nasset-protection trust. 2. See self-settled trust. \nbank-account trust. See Totten trust. \nblended trust. A trust in which the beneficiaries are a \ngroup, with no member of the group having a sepa\nrable individual interest.  Courts rarely recognize \nthese trusts. \nblind trust. (1969) A trust in which the settlor places \ninvestments under the control of an independent \ntrustee, usu. to avoid a conflict ofinterest.  The ben\neficiary has no knowledge ofthe trust's holdings and \nno right to participate in the trust's management. \nbond trust. A trust whose principal consists of bonds \nthat yield interest income. \nbypass trust. (1981) A trust into which just enough of \na decedent's estate passes, so that the estate can take \nadvantage of the unified credit against federal estate \ntaxes. See 26 USCA  2010. Also termed credit\nshelter trust;A-B trust; A-B-Q trust; marital life-estate \ntrust. See unified estate-and-gift tax credit under TAX \nCREDIT. \ncharitable lead trust. An irrevocable trust made in \nfavor of a charity and allowing the charity to receive \nincome from the trust property for a specified \nperiod, after which the property reverts to the set\ntlor's estate, \ncharitable-remainder annuity trust. A charitable\nremainder trust in which the beneficiaries receive \nfor a specified period a fixed payment of 5% or more \nof the fair market value of the original principal, after \nwhich the remaining principal passes to charity. -\nAbbr. CRAT. Also termed charitable-remainder\n\n1649 \t trust \ntrust retirement fund. (Cases: Charities Trusts \ncharitable-remainder trust. A trust consisting ofassets \nthat are designated for a charitable purpose and paid \nover to the trust after the expiration ofa life estate or \nintermediate estate. -Abbr. CRT. Also termed \nsplit-interest trust. [Cases: Charities \ncharitable-remainder-trust retirement fund. See char\nitable-remainder annuity trust. \ncharitable trust. (1Sc) A trust created to benefit a \nspecific charity, specific charities, or the general \npublic rather than a private individual or entity. \nCharitable trusts are often eligible for favorable tax \ntreatment. Ifthe trust's terms do not specify a charity \nor a particular charitable purpose. a court may select a \ncharity. See Uniform Trust Act  405. -Also termed \npublic trust; charitable use. See charitable deduction \nunder DEDUCTION; CY PRES. Cf. private trust. [Cases: \nCharities Internal Revenue ('='4048; Taxation \nC='2337, 3328, 3488.] \nClaflin trust. See indestructible trust. \nClifford trust. (1941) An irrevocable trust, set up for \nat least ten years and a day, whereby income from \nthe trust property is paid to the beneficiary but the \nproperty itself reverts back to the settlor when the \ntrust expires. -These trusts were often used by \nparents -with their children as beneficiaries -to \nshelter investment income, but the Tax Reform Act \nof 1986 eliminated the tax advantage by imposing \nthe kiddie tax and by taxing the income of settlors \nwith a reversionary interest that exceeds 5% of the \ntrust's value. This term gets its name from Helvering \nv. Clifford, 309 U.S. 331, 60 S.Ct. 554 (1940). -Also \ntermed short-term trust. [Cases: Internal Revenue \n3362.] \ncommon-law trust. See business trust under TRUST (4). \n.\tcommunity trust. See COMMUNITY TRUST. \ncomplete voluntary trllst. See executed trust. \ncomplex trust. L A trust having elaborate provisions. \n2. See discretionary trust. \nconstructive trust. (l8c) An equitable remedy that a \ncourt imposes against one who has obtained property \nby wrongdoing. - A constructive trust, imposed to \nprevent unjust enrichment, creates no fiduciary rela\ntionship. Despite its name, it is not a trust at all. \nAlso termed implied trust; involuntary trust; trust de \nson tort; trust ex delicto; trust ex maleficio; remedial \ntrust; trust in invitum. See trustee de son tort under \nTRUSTEE. Cf. resulting trust. [Cases"}
{"text": "\ntrust; trust in invitum. See trustee de son tort under \nTRUSTEE. Cf. resulting trust. [Cases: Trusts \n91-111.] \n\"A constructive trust is the formula through which the \nconscience of equity finds expression. When property has \nbeen acquired in such circumstances that the holder of the \nlegal title may not in good conscience retain the benefi\ncial interest, equity converts him into a trustee.\" Beattv v. \nGuggenheim Exploration Co., 122 N.E. 378, 380 (N.Y. 1919) \n(Cardozo, J.l. \n\"It is sometimes said that when there are sufficient grounds \nfor imposing a constructive trust, the court 'constructs a trust' The expression is, of course, absurd. The word 'con \nstructive' is derived from the verb 'construe,' not from the \nverb 'construct.' ... The court construes the circumstances \nin the sense that it explains or interprets them; it does not \nconstruct them.\" 5 Austin W. Scott & William F. Fratcher, \nThe Law ofTrusts  462.4 (4th ed. 1987). \ncontingent trust. An express trust depending for its \noperation on a future event. \ncredit-shelter trust. See bypass trust. \nCrummey trust. A trust in which the trustee has the \npower to distribute or accumulate income and to give \nthe beneficiary the right to withdraw an amount equal \nto the annual gift exclusion (or a smaller sum) within \na reasonable time after the transfer. -This type of \ntrust can have multiple beneficiaries and is often \nused when the beneficiaries are minors. Gifts to a \nCrummey trust qualify for the annual gift exclusion \nregardless of the age of the beneficiaries. The trust \nassets are not required to be distributed to the ben\neficiaries at age 21. The validity of this type of trust \nwas established in Crummey v. Commissioner, 397 \nF.2d 82 (9th Cir. 1968). -Also termed discretionary \ntrust See CRl:MMEY POWER; annual exclusion under \nEXCLUSION. Cf. 2503(c) trust. \ncustodial trust. A revocable trust for which a custodial \ntrustee is named to manage the assets for an incapaci\ntated or disabled beneficiary. -The beneficiary does \nnot have to be disabled or incapacitated at the time \nthe trust is created. An adult beneficiary who is not \ndisabled or incapacitated may terminate the trust at \nany time before his or her disability, incapacity, or \ndeath. \ndeclared trust. See express trust. \ndefective trust. A trust that is treated, for income-tax \npurposes, as if it were the same entity as the grantor, \nbut for estate-tax purposes is treated as an entity \nseparate from the grantor. -Typically a trust is an \nindependent entity that is taxed separately from the \nsettlor. Because trust income is taxed at higher rates \nthan individual income, the settlor may intentionally \ncreate a defect in the trust terms so that the trust's \nincome will be taxable to the grantor. This is achieved \nby violating the grantor-trust rules ofIRC  671-677 \nin a way that does not affect the completeness of the \ngift under IRC  2035-2042. A violation renders the \ntrust \"defective\" because the settlor must recognize \nthe income even if the settlor does not actually receive \nit. The attribution oftax liability and payment oftaxes \non trust income do not give the grantor an ownership \nin the trust, which remains separate from the set\ntlor's estate and is not subject to estate taxes. [Cases: \nInternal Revenue <:r'-='4023.] \nDelaware trust. See asset-protection trust. \ndestructible trust. (1953) A trust that can be destroyed \nby the happening of an event or by operation oflaw. \ndirectory trust. 1. A trust that is not completely and \nfinally settled by the instrument creating it, but only \ndefined in its general purpose and to be carried into \n\ndetail according to later specific directions. 2. See \nfixed trust. \ndirect trust. See express trust. \ndiscretionary trust. (1837) l. A trust in which the settlor \nhas delegated nearly complete or limited discretion \nto the trustee to decide when and how much income \nor property is distributed to a beneficiary. -This is \nperhaps the most common type oftrust used in estate \nplanning. [Cases: Trusts ~ISO, l77.]2. See Crummey \ntrust. Cf. mandatory trust; CRUMMEY POWER. \ndomestic asset-protection trust. See asset-protection \ntrust (1). \ndonative trust. A trust that establishes a gift ofa ben\neficial interest in property for a beneficiary . Most \ntrusts are donative trusts. Also termed gratuitous \ntrust. [Cases: Trusts ~35(1).J \ndonor-advised trust. A trust set up by a public charity \nusing cash or other assets donated by a person who \nwill act as a director of the trust. IRC (26 USCA) \n 4966(d)(2). -Also termed donor-advised fund. \ndry trust. 1. A trust that merely vests legal title in \na trustee and does not require that trustee to do \nanything. 2. See passive trust. \ndynasty trust. A generation-skipping trust funded with \nthe amount that is permanently exempt from gen\neration-skipping tax and designed to last more than \ntwo generations. -In 2000, a settlor could contribute \n$1 million to a dynasty trust. Almost half the states \nallow dynasty trusts, despite their potential for lasting \nmore than 100 years. -Also termed GST supertrust. \n[Cases: Internal Revenue C-='4224.] \neducational trust. 1. A trust to found, endow, or \nsupport a school. 2. A trust to support someone's \neducation. \nelecting small-business trust. A trust of which the \nbeneficiaries are individuals, estates, certain chari\ntable organizations, or certain governmental entities, \nwho did not purchase an interest in the trust, and for \nwhich the trustee has elected to be taxed under special \nrules. IRC (26 USCA)  1391(e)(1). -Abbr. ESBT. \nequipment trust. See EQUIPMENT TRUST. \nestate trust. A trust that is established to qualify a \ndeceased spouse's property for the marital deduction. \n The trustee may be given discretion to distribute \nprincipal or income to the donor's spouse ifthe donor \nalso provides that, at the surviving spouse's death, any \naccumulated income and remaining principal must \nbe distributed to the surviving spouse's estate. See \nmarital deduction under DEDUCTION. \nex delicto trust (d;}-lik-toh). A trust that is created for \nan illegal purpose, esp. to prevent the settlor's creditors \nfrom collecting their claims out ofthe trust property. \nexecuted trust. A trust in which the estates and inter\nests in the subject matter of the trust are completely \nlimited and defined by the instrument creating the \ntrust and require no further instruments to complete them. Also termed complete voluntary trust. [Cases: \nTrusts ~114.] \nexecutory trust (eg-zek-p-tor-ee). (l8c) A trust in \nwhich the instrument creating the trust is intended to \nbe provisional only, and further conveyances are con\ntemplated by the trust instrument before the terms of \nthe trust can be carried out. Also termed imperfect \ntrust. [Cases: Trusts 114.] \nexpress active trust. See active trust. \nexpress private passive trust. A trust in which land is \nconveyed to or held by one person in trust for another, \nwithout any power being expressly or impliedly given \nto the trustee to take actual possession ofthe land or \nexercise any ownership rights over it, except at the \nbeneficiary's direction. [Cases: Trusts ~136.] \nexpress trust. (18c) A trust created with the settlor's \nexpress intent, usu. declared in writing; an ordinary \ntrust as opposed to a resulting trust or a construc\ntive trust. Also termed direct trust; declared trust. \n[Cases: Trusts (;::c 1-61.5.1 \nfamily-pot trust. A trust in which all the assets are kept \nin a single fund for the trustee to use for multiple ben\neficiaries (usu. children) . Family-pot trusts are typi\ncally testamentary and used to administer a donor's \nproperty until the donor's minor children have com\npleted their education. \nfamily trust. A trust created to benefit persons who are \nrelated to one another by blood, affinity, or law. \nfixed trust. A trust in which the trustee may not \nexercise any discretion over the trust's management \nor distributions. Also termed directory trust; non\ndiscretionary trust. \nforeign-situs trust (SI-t;}S). A trust created under \nforeign law. -This type oftrust usu. has no significant \nincome-tax benefits and is subject to greater reporting \nrequirements than a domestic trust. Because creditors \ncannot easily reach the foreign trust's assets, it is fre\nquently used as a means ofasset-protection. Also \ntermedforeign trust; offshore trust. \ngeneral trust. See passive trust. \ngeneration-skipping trust. (1976) A trust that is \nestablished to transfer (usu. principal) assets to a \nskip person (a beneficiary more than one generation \nremoved from the settlor). The transfer is often \naccomplished by giving some control or benefits (such \nas trust income) of the assets to a nonskip person, \noften a member ofthe generation between the settlor \nand skip person. This type oftrust is subject to a gen\neration-skipping transfer tax. IRC (26 USCA)  2601 \net seq. See DEEMED TRANSFEROR; GENERATION-SKIP\nPING TRANSFER; generation-skipping transfer tax \nunder TAX; SKIP PERSON. Cf. dynasty trust. [Cases: \nInternal Revenue \ngovernmental trust. 1. A type ofcharitable trust estab\nlished to prOVide a community with facilities ordinar\nily supplied by the government, esp. by a municipality, \nand to promote purposes that are sufficiently beneficial \n\n1651 \nto the community to justify permitting the property to \nbe perpetually devoted to those purposes . Examples \nof such facilities include public buildings, bridges, \nstreets, parks, schools, and hospitals. 2. A type of \ncharitable trust established for general governmental \nor municipal purposes, such as defraying the expenses \nof a governmental entity or paying the public debt. \nRestatement (Second) ofTrusts  373, 374 (1959). \ngrantor-retained annuity trust. An irrevocable \ntrust into which the grantor transfers property in \nexchange for the right to receive fixed payments at \nleast annually, based on original fair market value of \nthe property transferred . At the end of the speci\nfied time, the principal passes to a noncharitable \nbeneficiary such as the grantor's child or grandchild. \nEssentially, the grantor makes to the remainderman \na current gift of the right to trust assets at a specified \ndate in the future. Abbr. GRAT. \ngrantor-retained income trust. A trust in which a \ngift's value can be reduced by the grantor's retain\ning an income interest, for a specified time, in the \ngifted property . At the end ofthe specified time, the \nprincipal passes to a noncharitable beneficiary such \nas the grantor's child or grandchild. Essentially, the \ngrantor makes to the remainderman a current gift \nof the right to trust assets at a specified date in the \nfuture. -Sometimes shortened to retained income \ntrust. Abbr. GRIT. \ngrantor-retained unitrust. An irrevocable trust into \nwhich the grantor transfers property in exchange for \nthe right to receive annual payments, the amount of \nwhich fluctuates based on the increase or decrease in \nthe value ofthe property transferred. -Abbr. GRUT. \nCf. grantor-retained annuity trust. \ngrantor trust. A trust in which the settlor retains \ncontrol over the trust property or its income to \nsuch an extent that the settlor is taxed on the trust's \nincome . The types of controls that result in such tax \ntreatment are set out in IRC (26 USCA)  671-677. \nAn example is the revocable trust. \ngratuitous trust. See donative trust. \nGST supertrust. See dynasty trust. \nhonorary trust. (1844) A noncharitable trust that is \nof doubtful validity because it lacks a beneficiary \ncapable of enforcing the trust.  Examples include \ntrusts for the care and support of specific animals, \nor for the care ofcertain graves. The modern trend is \nto recognize the validity of such trusts, if the trustee \nis willing to accept the responsibility. Ifthe trustee \nfails to carry out the duties, however, a resulting trust \narises in favor of the settlor's reSiduary legatees or \nnext ofkin. [Cases: Trusts (;::> LJ \nIllinois land trust. See land trust. \nillusory trust. (1939) An arrangement that looks like \na trust but, because of powers retained in the settlor, \nhas no real substance and is not a completed trust. \n[Cases: Trusts trust \nimperfect trust. See executory trust. \nimplied trust. 1. See constructive trust. 2. See result\ning trust. \nindestructible trust. (1909) A trust that, because of the \nsettlor's wishes, cannot be prematurely terminated by \nthe beneficiary. Also termed Claflin trust. \ninsurance trust. A trust whose principal consists of \ninsurance policies or their proceeds. \ninter vivos trust (in-t<lr vI-vohs or vee-vohs). (1921c) A \ntrust that is created and takes effect during the set\ntlor's lifetime. Also termed living trust. Cf. testa\nmentary trust. [Cases: Trusts (;::::> 1,58-61.] \ninvestment trust. See investment company under \nCOMPANY. \ninvoluntary trust. See constructive trust. \nirrevocable trust (i-rev-<l-k<l-b<ll). (1837) A trust that \ncannot be terminated by the settlor once it is created . \nIn most states, a trust will be deemed irrevocable unless \nthe settlor specifies otherwise. [Cases: Trusts C7C'59.J \nland trust. A land-ownership arrangement by which \na trustee holds both legal and equitable title to land \nwhile the beneficiary retains the power to direct the \ntrustee"}
{"text": "\na trustee holds both legal and equitable title to land \nwhile the beneficiary retains the power to direct the \ntrustee, manage the property, and draw income from \nthe trust. -Also termed Illinois land trust; naked \nland trust. [Cases: Trusts (;::::> 140(1).] \nlife-insurance trust. A trust consisting of one or more \nlife-insurance policies payable to the trust when the \ninsured dies. [Cases: Trusts \nlimited trust. A trust created for a limited period. Cf. \nperpetual trust. \nliquidating trust. A trust designed to be liquidated as \nsoon as possible . An example is a trust into which a \ndecedent's business is placed to safeguard the business \nuntil it can be sold. \nliving trust. See inter vivos trust. \nmandatory trust. A trust in which the trustee must dis\ntribute all the income generated by the trust property \nto one or more designated beneficiaries. Also \ntermed simple trust. Cf. discretionary trust. \nmarital-deduction trust. (1953) A testamentary trust \ncreated to take full advantage of the marital deduc\ntion; esp., a trust entitling a spouse to lifetime income \nfrom the trust and sufficient control over the trust \nto include the trust property in the spouse's estate \nat death. See marital deduction under DEDUCTION. \n[Cases: Internal Revenue (;::::>4169.] \nmarital life-estate trust. See bypass trust. \nMassachusetts trust. See business trust under TRUST (4). \nMedicaid-qualifying trust. (1989) A trust deemed to \nhave been created in an effort to reduce someone's \nassets so that the person may qualify for Medicaid, \nand that will be included as an asset for purposes of \ndetermining the person's eligibility . A person who \nwants to apply and qualify for Medicaid, but who \nhas too many assets to qualify, will sometimes set \n\nup a trust -or have a spouse or custodian set up a \ntrust using the applicant's own assets, under which \nthe applicant may be the beneficiary of all or part of \nthe payments from the trust, which are distributed \nby a trustee with discretion to make trust payments \nto the applicant. Such a trust may be presumed to \nhave been established for the purpose of attempting \nto qualify for Medicaid, and may be counted as an \nasset ofthe applicant, resulting in a denial ofbenefits \nand the imposition of a penalty period during which \nthe applicant cannot reapply. Nonetheless, Medicaid \nrules allow three types of trusts that do not impair \nMedicaid eligibility, since the trust assets are not con\nsidered the beneficiary's property: Miller trust, pooled \ntrust, and under-65 trust. [Cases: Health (:=:47l(6).] \nMiller trust. An irrevocable trust funded with the \nincome of an incompetent beneficiary who seeks to \nqualify for Medicaid in a state with an income cap. \n Funding is strictly limited to the beneficiary's \nincome (from any source). The assets in the trust are \nnot included in the beneficiary's estate for Medicaid \npurposes if the trust assets will be used to reimburse \nthe state after the beneficiary's death. Trust distri\nbutions are kept below the income cap in order to \npreserve the beneficiary's Medicaid eligibility. This \ntype of trust was first judicially sanctioned in lvIiller v. \nIbarra, 746 F.Supp. 19 (D. Colo. 1990). Also termed \nMiller's trust; qualified income trust. \nministerial trust. See passive trust. \nminor's trust. See 2503(c) trust. \nmixed trust. A trust established to benefit both private \nindividuals and charities. \nnaked land trust. See land trust. \nnaked trust. See passive trust. \nNevada trust. See asset-protection trust (1). \nnominal trust. See passive trust. \nnominee trust. 1. A trust in which the beneficiaries \nhave the power to direct the trustee's actions regard\ning the trust property. 2. An arrangement for holding \ntitle to real property under which one or more persons \nor corporations, under a written declaration oftrust, \ndeclare that they will hold any property that they \nacquire as trustees for the benefit of one or more \nundisclosed beneficiaries. Also termed (in sense \n2) realty trust. [Cases: Trusts \nnondiscretionary trust. Seefixed trust. \nnongrantor-owner trust. A trust in which the benefi\nciary has an unrestricted power to vest the principal \nor interest in him or herself. IRC (26 USCA)  678. \nAlso termed 678 trust. \noffshore asset-protection trust. See asset-protection \ntrust (l). \noffshore trust. Seeforeign-situs trust. \nonerous trust. A trust that places exceptionally heavy \nand time-consuming duties of responsibility and \ncare on the trustee, often without providing for compensation . Because ofthe burden and inequity \nofrequiring the trust to be administered voluntarily, \ncourts often grant a trustee a reasonable sum for the \ntasks performed. \noral trust. 1. A trust created by the settlor's spoken \nstatements as opposed to a written agreement . \nTrusts of real property must usu. be in writing \n(because of the statute of frauds). Trusts of personal \nproperty may be created orally but require clear and \nconvincing evidence to show that an oral trust was \ncreated. Uniform Trust Act  8407. -Also termed \nparol trust. [Cases: Trusts 2. A trust created \nby operation oflaw, such as a trust or a con\nstructive trust. \nparol trust. See oral trust (1). \npassive trust. A trust in which the trustee has no duty \nother than to transfer the property to the benefi\nciary. Also termed dry trust; general trust; nominal \ntrust; simple trust; naked trust; ministerial trust; tech\nnical trust. See bare trustee under TRUSTEE. Cf. active \ntrust. [Cases: Trusts (;::::> 136.] \npension trust. An employer-funded pension plan; \nesp., a pension plan in which the employer transfers \nto trustees amounts sufficient to cover the benefits \npayable to the employees. [Cases: Labor and Employ\nment (;::>400.] \nperpetual trust. A trust that is to continue as long as \nthe need for it continues, such as for the lifetime of \na beneficiary or the term of a particular charity. Cf. \nlimited trust. \npersonal-residence trust. An irrevocable trust to which \nthe settlor transfers ownership of his or her personal \nresidence while retaining the right to live there for a \nspecified term ofyears. The trust cannot hold any \nassets other than the residence and proceeds result\ning from damage to or destruction of the residence. \nCf. qualified personal-residence trust. [Cases: Trusts \n(;:--::> 1.] \npersonal trust. See private trust. \npet trust. An honorary trust that is established for \nthe care and maintenance of a particular animal or \ngroup of animals . Pet trusts are generally invalid \nbecause animals are incapable of compelling a trustee \nto act, and animals have no standing in law. Effec\ntively, the trust has no beneficiary. But some states \n(e.g., Colorado) statutorily recognize these trusts as \nvalid. Pet trusts are covered in the Uniform Trust \nCode ( 408). \npooled-income fund. See POOLED-INCOME FUND. \npooled trust. An irrevocable, discretionary trust that \n(1) is established and managed by a nonprofit asso\nciation, (2) is funded with the assets of disabled \npersons, and (3) maintains a separate trust account \nfor each benefiCiary, but (4) pools the trust assets for \ninvestment purposes . If the trust provides for dis\ntribution of a deceased beneficiary's interest to the \nstate in reimbursement of Medicaid expenditures, a \n\n1653 \npooled-trust beneficiary may be eligible for Medicaid \nbenefits. The assets contributed to the trust for the \nindividual's benefit are not treated as the beneficiary's \nproperty. -Also termed pooled-assets trust. [Cases: \nTrusts 011(l).] \npourover trust. (1981) An inter vivos trust that receives \nproperty (usu. the residual estate) from a will upon \nthe testator's death. Cf. pourover will under WILL. \npower-oj-appointment trust. (1848) A trust in which \nproperty is left in trust for the surviving spouse. \nThe trustee must distribute income to the spouse for \nlife, and the power of appointment is given to the \nspouse or to his or her estate. A power-of-appoint\nment trust is commonly used to qualify property for \nthe marital deduction. See marital deduction under \nDEDUCTION. \nprecatory trust (prek-;J-tor-ee). (1878) A trust that \nthe law will recognize to carry out the wishes of the \ntestator or grantor even though the statement in \nquestion is in the nature of an entreaty or recom\nmendation rather than a command. [Cases: Trusts \nc::)29.] \npresumptive trust. See resulting trust. \nprivate trust. A trust created for the financial benefit \nof one or more designated beneficiaries rather than \nfor the public benefit; an ordinary trust as opposed to \na charitable trust. -Three elements must be present \nfor a private trust: (1) the demonstrated intent of the \nsettlor, (2) trust property (as res), and (3) a certain \nbeneficiary capable of enforcing the trust. -Also \ntermed personal trust. Cf. charitable trust. [Cases: \nTrusts 01.] \nprotective trust. A trust that is designed to protect the \ntrust property to ensure the continued support ofthe \nbeneficiary. [Cases: Trusts 0152.] \n\"In a broad sense, a spendthrift, support, or other similarly \nprotective trust is one created to provide a fund for the \nmaintenance of the beneficiary and at the same time to \nsecure it against the beneficiary's improvidence or incapac \nity.\" 76 Am. Jur. 2d Trusts  121 (1992). \npublic trust. See charitable trust. \npurchase-money resulting trust. A resulting trust that \narises when one person buys property but directs the \nseller to transfer the property and its title to another. \n-Although a purchase-money resulting trust is \nproperly understood as a court-imposed equitable \nremedy rather than as a true trust, the buyer is occa\nSionally referred to as the \"beneficiary\" and the title\nholder as the \"trustee.\" Abbr. PMRT. [Cases: Trusts \nC:>72-83.] \nQTIP trust (kyoo-tip). (1985) A trust that is estab\nlished to qualify for the marital deduction. _ Under \nthis trust, the assets are referred to as qualified-ter\nminable-interest property, or QTIP. See qualified\nterminable-interest property under PROPERTY. Cf. \nqualified domestic trust. [Cases: Internal Revenue \nC::>4169(4).] trust \nqualiJied domestic trust. A trust for a noncitizen \nspouse qualifying for the marital deduction. See 26 \nUSCA  2056(d). -Abbr. QDOT. See marital deduc\ntion under DEDUCTION. Cf. QTIP trust. \nqualified income trust. See Miller trust. \nqualified personal-residence trust. An irrevocable \ntrust that is funded with cash and the personal resi\ndence of the grantor, who retains the right to dwell \nin the residence for a specified term of years. -The \ntrust may receive and hold additional cash to pay for \ntrust expenses, mortgage installments, and improve\nments to the residence. -Abbr. QPRT. Cf. personal\nresidence trust. [Cases: Trusts 01.] \nqualified S-corporation trust. A trust that (1) owns \nstock in one or more S corporations, (2) distributes \nall income to one individual (who must be a United \nStates citizen or resident), (3) requires only one ben\neficiary at a time, and (4) requires the income-benefi\nciary-elect to have the trust qualify as a QSST. _ The \ntrust is rarely termed a qualified subchapter-S corpo\nration trust but the common abbreviation is QSST, \nnot QSCT. \nrabbicular trust. A rabbi trust that protects the trust \nassets against the claims of the employer's creditors by \nconverting to a secular trust ifthe employer funding \nthe trust becomes insolvent. _ The term is a port\nmanteau word from rabbi and secular. Cf. rabbi trust; \nsecular trust. \nrabbi trust. Slang. An irrevocable grantor trust whose \nassets remain subject to the claims of the grantor's \ngeneral creditors, and from which benefits are paid \nto the grantor's employees if a stipulated event occurs. \n- A rabbi trust is a form of nonqualified deferred\ncompensation plan. Because the trust can be reached \nby creditors, the participants can avoid being taxed \non the constructive receipt of the benefits held in the \ntrust. Its name derives from the IRS letter ruling that \napproved its use by a synagogue. Priv. Ltr. Rul. 81-13\n107 (Dec. 31, 1980). Cf. rabbicular trust; secular trust. \n[Cases: Labor and Employment (:::::'431.] \nreal-estate investment trust. See REAL-ESTATE INVEST\nMENTTRUST. \nreal-estate mortgage trust. See REAL-ESTATE MORTGAGE \nTRUST. \nrealty trust. See nominal trust (2). \nreciprocal trust. A trust arrangement between two \nparties in which one party is beneficiary of a trust \nestablished by the other party, and vice versa. _ Such \ntrusts are common between husband and wife. \nremedial trust. See constructive trust. \nresulting trust. (18c) A remedy imposed by equity when \nproperty is transferred under circumstances suggest\ning that the transferor did not intend for the transferee \nto have the beneficial interest in the property. Also \ntermed implied trust; presumptive trust. Cf. construc\ntive trust. [Cases: Trusts 062-90.] \n\nretained income trust. See grantor-retained income \ntrust. \nrevocable trust (rev-~-b-b~I). A trust in which the \nsettlor reserves the right to terminate the trust and \nrecover the trust property and any undistributed \nincome. [Cases: Trusts C=>59.J \nsavings-account trust."}
{"text": "property and any undistributed \nincome. [Cases: Trusts C=>59.J \nsavings-account trust. See Totten trust. \nsavings-bank trust. See Totten trust. \nsecret trust. An instrument, usu. a will, that appears \nto give an absolute gift to another although the donee \nhas orally agreed with the grantor that he or she is to \nuse the property for the benefit of some third party. \n Courts admit evidence of the promise to prevent \nunjust enrichment and enforce it by imposing the \nremedy of a constructive trust upon the reneging \n\"trustee.\" Cf. semi-secret trust. [Cases: Trusts C=> \n35(3).] \nsecular trust. An irrevocable trust, funded by an \nemployer, that protects an employee-beneficiary's \ndeferred compensation from the claims of creditors \nduring an employer's bankruptcy or insolvency. -The \ntrust provides the employee-beneficiary with exclu\nsive rights. The employee enjoys security since the \ntrust is funded and the funds are beyond the reach \nof creditors and immune from forfeiture, but the \nemployee cannot defer income recognition. Cf. rab\nbicular trust; rabbi trust. \nself-settled trust. (1969) A trust in which the settlor \nis also the person who is to receive the benefits from \nthe trust, usu. set up in an attempt to protect the trust \nassets from creditors . In most states, such a trust \nwill not protect trust assets from the settlor's credi\ntors. Restatement (Second) of Trusts  156 (1959). \nAlso termed asset-protection trust. \nsemi-secret trust. An instrument that indicates who \nis to serve as a trustee but fails to identify either the \nbeneficiary or the terms of the trust, or both. -Tra\nditionally, this trust was deemed to fail for want ofan \nascertainable beneficiary. But the modern view is to \nprovide the same relief as that given for a secret trust: \nto receive evidence of the donor's intent, including \nthe intended beneficiary, and impose a constructive \ntrust in his or her favor. Ct~ secret trust. [Cases: Trusts \n1,64.] \nshifting trust. An express trust providing that, upon a \nspecified contingency, it may operate in favor of an \nadditional or substituted beneficiary. \nshort-term trust. See Clifford trust. \nsimple trust. 1. See mandatory trust. 2. See passive \ntrust. \n678 trust. See nongrantor-owner trust. \nspecial-needs trust. See supplemental-needs trust. \nspecial trust. See active trust. \nspendthrift trust. (1878) 1. A trust that prohibits the \nbeneficiary's interest from being aSSigned and also \nprevents a creditor from attaching that interest; a trust by the terms of which a valid restraint is imposed \non the voluntary or involuntary transfer of the ben\neficiary's interest. [Cases: Trusts 141, 152.] 2. \nA similar trust in which the restraint on alienation \nresults from a statute rather than from the settlor's \nwords in the trust instrument. \n\"Origin of the term 'spendthrift trust.' The phrase 'spend \nthrift trust' seems to have been first used, as might be \nexpected, in Pennsylvania. The earliest instance in which \na use of the phrase has been found was in 1875, when it \nappeared in the syllabus of a case, though the court did \nnot use it in its opinion. Four years later, in Overman's \nAppeal [88 Pa. 276 (1879)]. the phrase is found in the audi\ntor's report (in italics), while the opinion of the court in \nthe same case refers to the trust in question as 'a trust for \na spendthrift as it is termed' lid. at 2781. That the phrase \nhad not become familiar by 1882 is indicated by Thackara \nv. Mintzer [100 Pa. 151 (1882)]. where the head note refers \nto a 'spendthrift son trust,' but the court does not use that \nor any similar phrase. And in 1883, in the first edition of \nhis Restraints on Alienation, Uohn Chipman] Gray used the \nphrase only rarely. and then spoke rather apologetically of \n'spendthrift trusts so called.' In the second edition of this \nbook, published twelve years later, the use of the phrase \nis frequent.\" Erwin N. Griswold, Spendthrift Trusts  33, at \n32 (2d ed. 1947). \nsplit-interest trust. See charitable-remainder trust. \nspray trust. See sprinkle trust. \nsprinkle trust. A trust in which the trustee has discre\ntion to decide how much will be given to each ben\neficiary. -Also termed spray trust. See SPRINKLE \nPOWER. \nstandby trust. A trust created to manage a person's \nassets while he or she is out ofthe country or disabled. \nTrusts (;::::> 14.] \nsupplemental-needs trust. A trust established to \nprovide supplemental income for a disabled benefi\nciary who is receiving or may be eligible to receive \ngovernment benefits. -This type of irrevocable trust \nis often used by parents ofdisabled children to ensure \nthe beneficiary's eligibility for government benefits by \nexpressly prohibiting distributions that may be used \nfor the beneficiary's food, shelter, or clothing. [Cases: \nTrusts C=> 11(1).] \nsupport trust. (1946) A discretionary trust in which \nthe settlor authorizes the trustee to pay to the ben\neficiary as much income or principal as the trustee \nbelieves is needed for support, esp. for \"comfortable \nsupport\" or \"support in accordance with the benefi\nciary's standard ofliving.\" -The beneficiary's interest \ncannot be voluntarily transferred, but creditors who \nprovide necessaries can usu. reach it; general creditors \ncannot. [Cases: Trusts \ntechnical trust. See passive trust. \ntentative trust. See Totten trust. \ntestamentary trust (tes-td-men-td-ree or -tree). (1832) A \ntrust that is created by a will and takes effect when the \nsettlor (testator) dies. Also termed trust under will. \nCf. inter vivos trust. [Cases: Wills (;::::>669-694.] \nTotten trust. (1931) A revocable trust created by one's \ndeposit of money, typically in a savings account, in \n\n1655 trust \nthe depositor's name as trustee for another. - A Totten \ntrust is an early form of\"pay on death\" account, since \nit creates no interest in the beneficiary unless the \naccount remained at the depositor's death. Its name \nderives from the earliest decision in which the court \napproved the concept, even though the formalities of \nwill execution were not satisfied: In re Totten, 71 N.E. \n748 (N.Y. 1904). A Totten trust is commonly used to \nindicate a successor to the account without having \nto create a will, and thus it is a will substitute. \nAlso termed tentative trust; bank-account trust; sav\nings-account trust; saVings-bank trust; trustee bank \naccount. [Cases: Trusts C'=:'34(l).] \n\"A deposit by one person of his own money, in his own \nname as trustee for another, standing alone, does not \nestablish an irrevocable trust during the lifetime of the \ndepositor. It is a tentative trust merely, revocable at will, \nuntil the depositor dies or completes the gift in his lifetime \nby some unequivocal act or declaration, such as delivery \nof the pass book or notice to the beneficiary. In case the \ndepositor dies before the beneficiary without revocation, \nor some deCisive act or declaration of disaffirmance, the \npresumption arises that an absolute trust was created as \nto the balance on hand at the death of the depositor.\" In re \nTotten, 179 N.Y. 112, 125-26 (1904) (Vann,J.). \ntransgressive trust. A trust that violates the rule against \nperpetuities. See RULE AGAINST PERPETUITIES. \ntrust de son tort (da sawn [or son] tor[t]). See construc\ntive trust. \ntrust ex delicto. See constructive trust. \ntrust ex maleficio. See constructive trust. \ntrust for support. A trust that, by its terms, prOVides \nthat the trustee must payor apply only as much of \nthe income and principal as is necessary for the edu\ncation and support of the beneficiary. [Cases: Trusts \n280.] \ntrust in invitum. See constructive trust. \ntrust under will. See testamentary trust. \n2503(b) trust. A trust that requires a distribution \nof income to the benefiCiary at least annually, and \nprovides that gifts to the trust qualifying as gifts ofa \npresent interest become eligible for the annual gift-tax \nexclusion. -It is named after the section of the IRS \ncode on which it is based. IRC (26 USCA)  2S03(b). \n[Cases: Internal Revenue (;::=)4206.J \n2503(c) trust. A trust with only one beneficiary, who \nmust be a minor and must have the power to withdraw \nall assets from the trust upon attaining the age of21. \nThis type of trust derives its name from the require\nments set forth in IRC (26 USCA)  2S03(c). Although \nthe trust may continue after the beneficiary turns 21, \ngifts to the trust will no longer qualify for the annual \nexclusion if the beneficiary has no immediate right \nto withdraw the gift. -Also termed minor's trust. \n[Cases: Internal Revenue C-\"---:'4206.30.] \nunder-65 trust. A discretionary trust established for \nthe sale benefit ofa Medicaid recipient who is under \nthe age of6S. -This type of trust may be established \nby anyone except the beneficiary, who must be less than 65 years old at the time of creation. The assets \nin trust will not be included in the beneficiary's estate \nfor purposes ofdetermining Medicaid eligibility. The \nbeneficiary may receive distributions from the trust \nduring life, but any balance remaining in the trust \nmust be used to reimburse the state for the benefi\nciary's Medicaid expenditures. \nunit-investment trust. 1. A trust in which funds are \npooled and invested in income-producing securi\nties. _ Units of the trust are sold to investors, who \nmaintain an interest in the trust in proportion to their \ninvestment. 2. An investment company that gives a \nshareholder an undivided interest in a fixed pool of \nsecurities held by the trustee. -This type ofcompany \ncan be organized in several ways (as by trust inden\nture, contract of custodianship or agency, or similar \ninstrument), but is most commonly organized with \na trust indenture. Such a company does not have a \nboard ofdirectors and issues only redeemable securi\nties, each of which represents an und ivided interest \nin a unit ofspecified securities. IS USCA  80a-4. See \ninvestment company under COMPANY. \nunitrust. (1971) A trust from which a fixed percentage \nof the fai r market value of the trust's assets, valued \nannually, is paid each year to the beneficiary. [Cases: \nTrusts C'=:'276.] \nvoluntary trust. 1. A trust that is not founded on \nconsideration. -One having legal title to property \nmay create a voluntary trust by (1) declaring that \nthe property is to be held in trust for another, and \n(2) transferring the legal title to a third person who \nacts as trustee. [Cases: Trusts (;:::J 13.] 2. An obliga\ntion arising out of a personal confidence reposed in, \nand voluntarily accepted by, one for the benefit of \nanother. \nvoting trust. A trust used to hold shares ofvoting stock \nin a closely held corporation, usu. transferred from \na parent to a child, and empowering the trustee to \nexercise the right to vote. -The trust acts as custo\ndian of the shares but is not a stockholder. Cf. VOTING \nGROUP. [Cases: Corporations C'=:' 198.1(1).] \n\"At common law there was great suspicion of voting trusts. \nOne commentator described a voting trust as 'little more \nthan a vehicle for corporate kidnapping.' This attitude has \nlargely disappeared. State statutes now uniformly recog\nnize the validity of voting trusts and they have received a \nmore hospitable judicial reception.\" Robert W. Hamilton, \nThe Law of Corporations in a Nutshell 199 (3d ed. 1991). \nwasting trust. A trust in which the trust property is \ngradually depleted by periodic payments to the ben\neficiary. \n4. A business combination that aims at monopoly. See \nANTITRUST LAW. \nbusiness trust. A form ofbusiness organization, similar \nto a corporation, in which investors receive transfer\nable certificates ofbeneficial interest instead ofstock \nshares. -Also termed Massachusetts trust; common\nlaw trust. lCases: Internal Revenue (;:::>4206; Joint-\nStock Companies and Business Trusts 1, 8.] \n\ntrust account 1656 \n'The business trust was developed in Massachusetts from \n1910 to 1925 to achieve limited liability and to avoid restric\ntions then existing there on a corporation's acquiring and \ndeveloping real estate, by adoption of the trust device, ' , ,\" \nHenry G. Henn & John R. Alexander, Laws ofCorporations \n 58, at 117 (3d ed. 1983). \ncommon-law trust. See business trust. \nMassachusetts trust. See business trust. \ntrust account. See CLIENT TRUST ACCOUNT. \ntrust agreement. See declaration oftrust (2) under DEC\nLARATION (1). \ntrustbuster, n. A person esp. a federal officer -who \nseeks the dissolution ofbusiness trusts under the anti\ntrust laws. See business trust under TRIJST (4). \ntrust certificate. See EQUIPMENT TRUST CERTIFICATE. \ntrust company. See COMPANY. \ntrust corporation. See trust company under COMPANY. \ntrust deed. 1. See declaration oftrust (2) under DECLARA\nTION (1).2. See deed oftrust under DEED. \ntrust de son tort (da sawn [or son] tor[tD. See construc\ntive trust under TRUST. \n"}
{"text": "\ntrust de son tort (da sawn [or son] tor[tD. See construc\ntive trust under TRUST. \ntrust distribution. See DISTRIBUTION. \ntrustee (tras-tee), n. (l7c) 1. One who stands in a fidu\nciary or confidential relation to another; esp., one who, \nhaving legal title to property, holds it in trust for the \nbenefit of another and owes a fiduciary duty to that \nbeneficiary . Generally, a trustee's duties are to convert \nto cash all debts and securities that are not qualified \nlegal investments, to reinvest the cash in proper securi\nties, to protect and preserve the trust property, and to \nensure that it is employed solely for the beneficiary, in \naccordance with the directions contained in the trust \ninstrument. [Cases: Trusts 171.] \nbare trustee. A trustee of a passive trust. A bare \ntrustee has no duty other than to transfer the property \nto the beneficiary. See passive trust under TRUST. \ncorporate trustee. (1S52) A corporation that is empow\nered by its charter to act as a trustee, such as a bank \nor trust company. \nindenture trustee. A trustee named in a trust inden\nture and charged with holding legal title to the trust \nproperty; a trustee under an indenture. \njoint trustee. See COTRUSTEE. \njudicial trustee. (ISc) A trustee appointed by a court \nto execute a trust. \nquasi-trustee. (1830) One who benefits from a breach \nof a trust to a great enough degree to become liable \nas a trustee. \nsuccessor trustee. (1866) A trustee who succeeds an \nearlier trustee, usu. as provided in the trust agree\nment. [Cases: Trusts C=>169,243.] \ntestamentary trustee (tes-t;J-men-t;J-ree or -tree). (1811) \nA trustee appointed by or acting under a will; one \nappointed to carry out a trust created by a will. [Cases: \nWills \\.~681.] township trustee. One ofa board ofofficers to whom, in \nsome states, a township's affairs are entrusted. [Cases: \nTowns C=>28.] \ntrustee ad litem (ad h-tem or -t;Jm). (1921) A trustee \nappointed by the court. \ntrustee de son tort (d<'J sawn [or son) tor[t]). (1857) A \nperson who, without legal authority, administers \na living person's property to the detriment of the \nproperty owner. See constructive trust under TRUST. \n[Cases: Trusts \ntrustee ex maleficio (eks mal-a-fish-ee-oh). (1837) \nA person who is guilty of wrongful or fraudulent \nconduct and is held by equity to the duty ofa trustee, \nin relation to the subject matter, to prevent him or her \nfrom profiting from the wrongdOing. \n2. Bankruptcy. A person appointed by the U.S. Trustee \nor elected by creditors or appointed bya judge to admin\nister the bankruptcy estate during a bankruptcy case . \nThe trustee's duties include (1) collecting and reducing \nto cash the assets ofthe estate, (2) operating the debtor's \nbusiness with court approval ifappropriate to preserve \nthe value ofbusiness assets, (3) examining the debtor at \na meeting ofcreditors, (4) filing inventories and making \nperiodic reports to the court on the financial condi\ntion ofthe estate, (5) investigating the debtor's financial \naffairs, (6) examining proofs ofclaims and objecting to \nimproper claims, (7) furnishing information relating to \nthe bankruptcy to interested parties, and (8) opposing \ndischarge through bankruptcy, if advisable. A trustee \nis appointed or elected in every Chapter 7 case, and \nis appointed in every Chapter 12 and Chapter 13 case \nunder the Bankruptcy Code. A trustee is not appointed \nor elected in a Chapter 11 case unless the court finds \nthat a trustee is needed and appoints one. In most \nChapter 11 cases, the bankruptcy estate is administered \nby the debtor in possession, rather than by a trustee. \nThe role ofa bankruptcy trustee varies depending on \nthe type ofbankruptcy case. 11 USC A  701-03,1104, \n1202. -Also termed (in sense 2) bankruptcy trustee; \ntrustee in bankruptcy. See UNITED STATES TRUSTEE. \n[Cases: Bankruptcy C=>3001-3011.J \ninterim trustee. A bankruptcy trustee appOinted to \nperform all the functions and duties ofa trustee until \nthe regular trustee is selected and qualified. Before \nthe meeting ofcreditors, the interim trustee often pre\nliminarily investigates the debtor's assets and finan\ncial affairs. [Cases: Bankruptcy \n3. DIRECTOR (2). 4. Parliamentary law. An officer who \naudits an organization's finances. \ntrustee, vb. (181S) 1. To serve as trustee. 2. To place \n(a person or property) in the hands of one or more \ntrustees. 3. To appoint (a person) as trustee, often of a \nbankrupt's estate in order to restrain a creditor from \ncollecting moneys due. 4. To attach (the effects of a \ndebtor) in the hands ofa third person. \ntrustee, U.S. See CNITED STATES TRUSTEE. \ntrustee bank account. See Totten trust under TRUST. \n\n1657 turnkey \ntrustee in bankruptcy. See TRUSTEE (2). \ntrustee process. See FACTORIZI:sTG PROCESS. \ntrusteeship. 1. The office, status, or function ofa trustee. \n2. Int'llaw. Administration or supervision ofa territory \nby one or more countries, esp. under a U.N. trusteeship \ncouncil. Cf. MANDATE (6). \ntrust estate. See CORPUS (1). \ntrust ex delicto. See constructive trust under TRUST. \ntrust ex maleficio. See constructive trust under TRUST. \ntrust fund. (I8c) The property held in a trust by a trustee; \nCORPUS (1). [Cases: Trusts C~L] \ncommon trust fund. (1852) A trust fund set up within a \ntrust department to combine the assets ofnumerous \nsmall trusts to achieve greater investment diversifi\ncation. -Common trust funds are regulated by state \nlaw. \npooled-income fund. See POOLED-INCOME FU:sTD. \ntrust-fund doctrine. (1892) The principle that the assets \nof an insolvent company, including paid and unpaid \nsubscriptions to the capital stock, are held as a trust \nfund to which the company's creditors may look for \npayment of their claims. -The creditors may follow \nthe property constituting this fund, and may use it to \nreduce the debts, unless it has passed into the hands of \na bona fide purchaser without notice. -Also termed \ntrust-fund theory. [Cases: Corporations C=544(2).j \ntrust indenture. See INDENTURE. \nTrnst Indenture Act. A federal law, enacted in 1939, \ndesigned to protect investors ofcertain types ofbonds \nby requiring that (1) the SEC approve the trust inden\nture, (2) the indenture include certain protective \nclauses and exclude certain exculpatory clauses, and \n(3) the trustees be independent ofthe issuing company. \n15 USCA  77aaa et seq. -The Act is administered by \nthe U.S. Securities and Exchange Commission. [Cases: \n. Securities Regulation (;\"\":;J29.10-29.14.J \ntrust indorsement. See INDORSEME:sTT. \ntrust in invitum (in in-vI-t;;Jm). See constructive trust \nunder TRUST. \ntrust instrument. See declaration oftrust (2) under DEC-\nLARATJO:sT (1). \ntrust legacy. See LEGACY. \ntrust officer. See OFFICER (1). \ntrustor. (1855) One who creates a trust; SETTLOR (1). \ntrust ownership. See OW:sTERSHIP. \ntrust power. See beneficial power under POWER (5). \ntrust process. See PROCESS. \ntrust property. See CORPUS (1). \ntrust receipt. 1. A pre-UCC security device -now \ngoverned by Article 9 of the Code -consisting of a \nreceipt stating that the wholesale buyer has possession \nof the goods for the benefit of the financier. -Today \nthere must usu. be a security agreement coupled with \na filed financing statement. [Cases: Chattel Mortgages Sales (::'~454.1 2. A method of financing com\nmercial transactions by which title passes directly from \nthe manufacturer or seller to a banker or lender, who as \nowner delivers the goods to the dealer on whose behalf \nthe banker or lender is acting, and to whom title ulti\nmately goes when the banker's or lender's primary right \nhas been satisfied. \ntrust relationship. See RELATIONSHIP. \ntrust res (reez or rays). See CORPUS (1). \ntrust territory. See TERRITORY. \ntrust under will. See testamentary trust under TRUST. \ntrusty, n. (1855) A convict or prisoner who is considered \ntrustworthy by prison authorities and therefore given \nspecial privileges. [Cases: Prisons 113, 170.] \ntruth. (bef. 12c) 1. A fully accurate account of events; \nfactuality. 2. Defamation. An affirmative defense by \nwhich the defendant asserts that the alleged defama\ntory statement is substantially accurate. [Cases: Libel \nand Slander \nTruth in Lending Act. See CONSl;MER CREDIT PROTEC\nTION ACT. -Abbr. TILA. \ntruth-seeker. One who strives to reveal the truth <the \ntrial lawyer should be a truth-seeker>. \ntruth, the whole truth, and nothing but the truth. The \nwords used in the common oath administered to a \nwitness who is about to testify <do you swear or affirm \nthat you shall tell the truth, the whole truth and nothing \nbut the truth?>. _ The purpose ofthe second part ofthe \noath is to preclude the possibility ofsupressio veri; the \npurpose ofthe third part is to preclude the possibility of \nsuggestio falSi. See SUPPRESSIO VERI; SUGGESTIO FALSI. \n[Cases: Oath Witnesses ~227.] \ntry, vb. (l3c) To examine judicially; to examine and \nresolve (a dispute) by means ofa trial. \ntry title. The judicial examination ofa title. See TRESPASS \nTO TRY TITLE; action to quiet title under ACTION (4). \nTSCA. abbr. Toxic Substances Control Act. 42 USCA \n 2601 et seq. [Cases: Environmental Law (;::::>413.] \nTTB. abbr. ALCOHOL AND TOBACCO TAX AND TRADE \nBUREAU. \ntubman (tab-m;m). Hist. A junior barrister in the Court \nof Exchequer who made motions that were second in \nprecedence to those ofthe postman. -'The tubman was \nso called because he stood by a tub anciently used as a \nmeasure ofcapacity. Cf. POSTMAN. \nTucker Act. A federal law enacted in 1887 to amelio\nrate the inadequacies of the original authority of the \nCourt ofClaims by extending that court's jurisdiction \nto include (1) claims founded on the Constitution, a \nfederal statute, or a federal regulation, and (2) damage \nclaims in cases not arising in tort. [Cases: Federal \nCourts C= 1071.] \nturncoat witness. See WITNESS. \nturnkey, adj. (1927) 1. (Of a product) provided in a state \nof readiness for immediate use <a turnkey computer \n\nturnkey 1658 \nnetwork>. 2. Of, relating to, or involving a product \nprovided in this manner <a turnkey contract>. \nturnkey, n. A jailer; esp., one charged with keeping the \nkeys to a jail or prison. \nturnkey contract. See engineering, procurement, and \nconstruction con tract under CONTRACT. \nturnkey drilling contract. See DRILLING CONTRACT. \nturnover duty. Maritime law. A shipowner's obligation \nto provide safe working conditions and to give notice \nof any nonobvious hazards regarding instruments and \nareas that the shipowner turns over to the stevedore \nand longshoremen while the ship is being loaded or \nunloaded. Cf. ACTIVE-OPERATIONS DUTY; INTERVEN\nTION DUTY. [Cases: Shipping ~84(3).1 \nturnover order. See ORDER (2). \nturn state's evidence, vb. (1846) To cooperate with \nprosecutors and testify against other criminal defen\ndants <after hours of intense negotiations, the suspect \naccepted a plea bargain and agreed to turn state's \nevidence>. \nturntable doctrine. See ATTRACTIVE-NUISANCE DOC\nTRINE. \nturpis causa (tar-pis kaw-za). [Latin \"immoral consid\neration\"] See immoral consideration under CONSIDER\nATION (1). \nturpitude (tar-pa-t[y]ood). See MORAL TURPITUDE. \ntutela (t[yloo-tee-Ia), n. [Latin \"tutelage\"] Roman law. \nA type of guardianship either for those not having \nreached puberty (tutela impuberum) or for women \n(tutela mulierum). -The guardian was called the tutor, \nthe ward the pupillus. Guardians for women no longer \nexisted in Justinian's time. Cf. CURA. \ntutelage (t[y]oo-t<l-lij), n. 1. The act of protecting or \nguiding; guardianship. 2. Int'llaw. The state of being \nunder the care and management of an international \norganization such as the League of Nations or United \n!\\ations. _ This term applies, for example, to the status \nof a people who do not yet benefit from a fully opera\ntional government of their own -such as people dis\nplaced by war and living in a territory that will in the \nfuture"}
{"text": "fully opera\ntional government of their own -such as people dis\nplaced by war and living in a territory that will in the \nfuture be given its autonomy. \ntutor, n. 1. One who teaches; esp., a private instructor. PI. \ntutors. 2. Roman & civil law. A guardian of a minor; a \nperson appointed to have the care ofthe minor's person \nand estate. -The guardian of a minor past the age of \npuberty is called a curator and has duties somewhat \ndifferent from those of a tutor. PI. tutores. [Cases: \nGuardian and Ward ~1O, 17.] \ntutor dativus (t[y]oo-tor [or -dr] da-tI-vas). [Latin] \nRoman law. A tutor appointed by the court upon \napplication. PI. tutores dativi. \ntutor gerens (t[y]oo-tor [or -tdr] jeer-enz). [Latin] \nRoman law. A tutor who, though not sole tutor, \nactually administered the ward's affairs. PI. tutores \ngerentes. tutor legitimus (tfy]oo-tor [or -ar]ld-jit-i-mas). [Latin] \nRoman law. A tutor-at-law; a tutor by virtue of the \nrelationship with the pupil, such as a paternal uncle. \nPI. tutores legitimi. \ntutor testamentarius (t[y]oo-tor [or -dr] tes-td-men\ntair-ee-ds). [Latin] Roman law. A tutor appointed \nby will to have the guardianship over the testator's \nchildren. PI. tutores testamentarii. \nundertutor. Civil law. A person appointed by a court \nto represent a minor under the care of a tutor when \nthe interests of the minor conflict with that of the \ntutor. See TUTORSHIP. [Cases: Guardian and Ward \ntutorio nomine (t[y]oo-tor-ee-oh nahm-a-nee). [Latin] \nHist. In the name and character of tutor. \ntutor legitimus. See TUTOR. \ntutorship. Civil law. The office and power of a tutor; the \npower that an individual has, sui juris, to take care of \none who cannot care for himself or herself. _ The four \ntypes oftutorship are (1) tutorship by nature, (2) tutor\nship by will, (3) tutorship by the effect of the law, and \n(4) tutorship by judicial appointment. La. Civ. Code art. \n247. [Cases: Guardian and Ward \ndative tutorship. Civil law. Tutorship that arises from \na court's appointment, usu. on the advice of the \nfamily. -Also termed dative curatorship; tutorship \nby judicial appointment. [Cases: Guardian and Ward \nG'=' 10.] \nlegal tutorship. Civil law. Tutorship that is bestowed \nby statute and does not require a court's or family's \napproval.  For example, a spouse has the legal tutor\nship ofthe incompetent spouse. -Also termed tutor\nship by the effect of the law. [Cases: Guardian and \nWard C::> 10.] \ntutorship byjudicial appointment. Civil law. See dative \ntutorship. \ntutorship by nature. 1. Tutorship ofa minor child that \nbelongs by right to a surviving parent. 2. Tutorship of \na minor child that belongs to the parent under whose \ncare the child has been placed following divorce or \njudicia] separation. -Ifthe parents are awarded joint \ncustody, both have cotutorship and equal authority, \nprivileges, and responsibilities. La. Civ. Code art. 250. \n[Cases: Child Custody C-:;) 1.] \ntutorship by the effect ofthe law. Civi/law. See legal \ntutorship. \ntutorship by will. Tutorship that is created (1) by the \nwill ofthe parent who dies last, or (2) by any declara\ntion of the surviving father or mother (or the parent \nwho is the curator of the other spouse), executed \nbefore a notary and two witnesses. La. Civ. Code art. \n257. \ntutor testamentarius. See TUTOR. \ntutory (t[y]oo-tdr-ee). 1. Guardianship; charge. 2. \nTutorage; tutelage. Also spelled tutry; tutoury. Cf. \nTUTELAGE (1). \n\n1659 \ntutrix. Archaic. A female tutor. See TUTOR (2). \ntutus accessusnonfuit (t[y]oo-ta$ ak-ses-as non fyoo-it). \n[Latin] Hist. There was no safe access. \nTVA. abbr. TENNESSEE VALLEY AUTHORITY. \nTwelfth Amendment. The constitutional amendment, \nratified in 1804, that altered the electoral-college system \nby separating the balloting for presidential and vice\npresidential candidates . In 1800, members of the \nElectoral College could cast votes only for the office \nof President, and Thomas Jefferson and his running \nmate Aaron Burr each received the same number of \nvotes. The House of Representatives had to break the \ntie. [Cases: United States \ntwelve-day rule. Criminal procedure. A rule in some \njurisdictions requiring that a person charged with a \nfelony be given a preliminary examination no later than \n12 days after the arraignment on the original warrant. \n[Cases: Criminal LawC=)264.] \ntwelve-month liquidation. See LIQUIDATION. \nTwelve Tables. Roman law. 1he earliest surviving legiS\nlation enacted by the Romans, written on 12 tablets in \nthe 5th century B.C. The Tables set out many rights \nand duties of Roman citizens, including debtors' rights, \nfamily law, wills, torts, civil procedure, and some public \nlaw. 1hey substituted a written body oflaws, easily \naccessible and binding on all citizens of Rome, for an \nunwritten usage accessible to only a few. The law ofthe \nTwelve Tables was also known as the Lex Duodecim \nTabularum. \n\"The Twelve Tables continued to be recognized for many \ncenturies as the fundamental law of the Romans; they did \nnot formally lose this character until it was taken from \nthem by the legislation ofJustinian:' James Hadley, Intro \nduction to Roman Law 74-75 (1881). \nTwentieth Amendment. The constitutional amendment \nratified in 1933, that changed the date of the presiden\ntial and vice-presidential inaugurations from March 4 \n. to January 20, and the date for congressional conven\ntion from March 4 to fanuary 3, thereby eliminating \nthe short session of Congress, during which a number \nof members sat who had not been reelected to office. \nAlso termed lame-duck amendment. [Cases: United \nStates \nTwenty-fifth Amendment. The constitutional amend\nment, ratified in 1967, that established rules of suc\ncession for the presidency and vice presidency in the \nevent of death, resignation, or incapacity. Article II, \n 1 ofthe Constitution provides for the Vice President \nto assume the President's powers and duties but does \nnot clearly state that the Vice President also assumes \nthe title of President. [Cases: United States \nTwenty-first Amendment. The constitutional amend\nment, ratified in 1933, that repealed the 18th Amend\nment (which established national Prohibition) and \nreturned the power to regulate alcohol to the states. \n[Cases: Intoxicating Liquors 17.] \n2503(b) trust. See TRUST (3). \n2503(,) trust. See TRUST (3), two-issue rule \nTwenty-fourth Amendment. The constitutional amend\nment, ratified in 1964, that prohibits the federal and \nstate governments from restricting the right to vote in \na federal election because ofone's failure to pay a poll \ntax or other tax. [Cases: Elections ~83.] \nTwenty-second Amendment. The constitutional amend\nment, ratified in 1951, that prohibits a person from \nbeing elected President more than twice (or, if the \nperson succeeded to the office with more than half the \npredecessor's term remaining, more than once). [Cases: \nUnited States C=>26.] \nTwenty-seventh Amendment. The constitutional \namendment, ratified in 1992, that prevents a pay raise \nfor senators and representatives from taking effect \nuntil a new Congress convenes . This amendment was \nproposed as part of the original Bill of Rights in 1789, \nbut it took 203 years for the required three-fourths of \nthe states to ratify it. -Also termed Madison Amend\nment. [Cases: United States ~39(6).l \nTwenty-sixth Amendment. The constitutional amend\nment, ratified in 1971, that sets the minimum voting \nage at 18 for all state and federal elections. [Cases: Elec\ntions G-'-:::> 18.] \nTwenty-third Amendment. The constitutional amend\nment, ratified in 1961, that allows District ofColumbia \nresidents to vote in presidential elections. [Cases: \nUnited States \ntwist, n. Slang. An informant who provides testimony \nin exchange for leniency in sentencing, rather than for \nmoney. See INFORMANT. \ntwisting, n. An insurance agent's or company's misrep\nresenting or misstating facts, or giving an incomplete \ncomparison of policies, to induce an insured to give up \na policy in one company and buy another company's \npolicy. [Cases: Insurance G-'-:::> 1563, 1618.] \ntwo-controlled-studies standard. The requirement by \nthe Federal Trade Commission that before the maker \nof an over-the-counter painkiller can advertise that it \nis better or has fewer side effects than another brand, \nthe maker must verify the claim in two scientifically \ncontrolled studies. \ntwo-dismissal rule. (1944) The rule that a notice ofvol\nuntary dismissal operates as an adjudication on the \nmerits -not merely as a dismissal without prejudice \nwhen filed by a plaintiff who has already dismissed the \nsame claim in another court. [Cases: Federal Civil Pro\ncedure C--:;) 1714; Pretrial Procedure C=>'519.] \n245(i) waiver. Immigration law. An Immigration and \nNationality Act provision that allows certain quali\nfied aliens who are otherwise ineligible for adjustment \nof their status to pay a penalty for the convenience of \nhaving their status adjusted to permanent-resident \nstatus without having to leave the United States. 8 \nUSCA  1255(i). Cf. ADJUSTMENT OF STATUS. [Cases: \nAliens, Immigration, and Citizenship C=>309.] \ntwo-issue rule. (1929) The rule that if multiple issues \nwere submitted to a trial jury and at least one of them \n\n1660 two-party payment \nis error-free, the appellate court should presume that \nthe jury based its verdict on the proper issue -not on \nan erroneous one -and should therefore affirm the \njudgment. [Cases: Appeal and Error <>1068(2).] \ntwo-party payment. See PAYMENT. \ntwo-round voting. See VOTING. \ntwo-stage trial. See bifurcated trial under TRIAL. \ntwo-tier offer. A two-step technique by which a bidder \ntries to acquire a target corporation, the first step \ninvolving a cash tender offer and the second usu. a \nmerger in which the target company's remaining share\nholders receive securities from the bidder (these securi\nties ordinarily being less favorable than the cash given \nin the first step). \ntwo-witness rule. (1900) 1. The rule that, to support \na perjury conviction, two independent witnesses (or \none witness along with corroborating evidence) must \nestablish that the alleged perjurer gave false testimony. \n[Cases: Perjury <>34.] 2. The rule, as stated in the \nU.S. Constitution, that no person may be convicted of \ntreason without two witnesses to the same overt act \nor unless the accused confesses in open court. U.S. \nCanst. art. IV,  2, d. 2. [Cases: Treason <>13.] \ntying, adj. Antitrust. Of or relating to an arrangement \nwhereby a seller sells a product to a buyer only if the \nbuyer purchases another product from the seller <tying \nagreement>. [Cases: Antitrust and Trade Regulation \n<>568.J \ntying arrangement. Antitrust. (1953) A seller's agreement \nto sell one product or service only ifthe buyer also buys \na different product or service; a seller's refusal to sell \none product or service unless the buyer also buys a dif\nferent product or service. -The product or service that \nthe buyer wants to buy is known as the tying product or \ntying service; the different product or service that the \nseller insists on selling is known as the tied product or \ntied service. Tying arrangements may be illegal under \nthe Sherman or Clayton Act if their effect is too anti\ncompetitive. -Also termed tying agreement; tie-in; \ntie-in arrangement. cr. RECIPROCAL DEALING. [Cases: \nAntitrust and Trade Regulation <>568.] \"The courts have developed an easily articulated text for \nso-called per se illegal tying arrangements, although the \ntest varies from one circuit court to another.... In opera\ntion. the tests are similar, and the threepart test combines \nelements that are separated in the tests of other circuits. \nFor purpose of analYSis we use this fivepart test: (1) There \nmust be separate tying and tied products; (2) there must \nbe 'evidence of actual coercion by the seller that in fact \nforced the buyer to accept the tied product .. .'; (3) the \nseller must possess 'sufficient economic power in the tying \nproduct market to coerce purchaser acceptance of the tied \nproduct. .'; (4) there must be 'anticompetitive effects in \nthe tied market .. .'; and (5) there must be 'involvement of \na \"not insubstantial\" amount of interstate commerce in the \ntied product market ....'\" Herbert Hovenkamp, Federal \nAntitrust Policy 392 (2d ed. 1999) (quoting Yetsch v. Texaco, \nInc., 630 F.2d 46, 56, 57 (2d Or. 1980. \n\"The traditional"}
{"text": "0 F.2d 46, 56, 57 (2d Or. 1980. \n\"The traditional objection to tying arrangements is that they \nenable a firm having a monopoly in one market to obtain a \nmonopoly in a second one. Thus, a firm having monopoly \npower in the market for business machines could obtain a \nmonopoly on punch cards as well simply by refusing to sell \nor lease its machines unless the purchaser or lessee agreed \nto use only its punch cards in the machines.\" Richard A. \nPosner, Antitrust Law 197 (2d ed. 2001). \ntying product. See TYING ARRANGEMENT. \ntying service. See TYING ARRANGEMENT. \ntyped drawing. See DRAWING. \ntyped-form drawing. See typed drawing under \nDRAWING. \ntypographum (tI-pog-r~-fdm). [Latin] Hist. Impressed \nby use of a type, as distinguished from chirographum \n(\"written by hand\"). \ntyranny. 1. The severe deprivation of a natural right. \n2. The accumulation of all powers the legislative, \nexecutive, and judicial- in the same hands (whether \nfew or many). _ Sense 2 expresses the Madisonian \nview of tyranny, to be found in The Federalist, No. 47. \n3. Arbitrary or despotic government; the severe and \nautocratic exercise ofsovereign power, whether vested \nconstitutionally in one ruler or usurped by that ruler by \nbreaking down the division and distribution of govern\nmental powers. tyrannical, tyrannous, adj. \ntyrant, n. A sovereign or ruler, legitimate or not, who \nwields power unjustly and arbitrarily to oppress the \ncitizenry; a despot. \n\nu \nU3C. abbr. U~IFORM CONSUMER CREDIT CODE. \nUAA. abbr. UNIFORM ADOPTION ACT. \nUAGA. abbr. UNIFORM ANATOMICAL GIFT ACT. \nU.B. abbr. Upper Bench. See barlCus superior under \nBANCUS. \nuberior titulus (yoo-heer-ee-or tich-a-lds). [Latin] Hist. \nThe fuller title. \nuberrimae fidei (yoo-her-d-mee fi-dee-I). [Latin] (1850) \nOf the utmost good faith. See contract uberrimae fidei \nunder CONTRACT. [Cases; Insurance <:;=1867, 2996.] \nuberrimafides (yoo-ber-J-mJ fI-deez), n. [Latin] Utmost \ngood faith <a contract requiring uberrima fides>. \nubi (yoo-bI or oo-bee). [Latin] Where. \nubi aberat animus foenerandi (YOO-bI a-her-at an-a-mas \nfee-n;l-ran-dI). [Latin] Hist. Where the intention of \ntaking of a usurious interest was wanting. _ A lender \nwas not liable for usurious provisions in a contract \nunless the lender had the requisite intention ofexacting \nthe money. Cf. USURA VELATA. \nubi defunctus habuit domicilium (yoO-bI di-bngk-t;ls \nhay-byoo-it dom-;l-sil-ee-Jm). [Law Latin] Scots law. \nWhere the decedent had his domicile. \nubi dies cessit, licet nondum venerit (yoO-hI dI-eez \nses-it, II-set non-dam vJ-neer-it). [Latin] Hist. In the \ncase where the time has arrived at which money is due, \nalthough that time has not arrived at which it may be \nexacted. See DEBITUM IN DIEM. \nubi dolus dedit causam contractui (yoo-bl doh-bs \ndee-dit kaw-zJm bn-trak-choo-I). [Latin] Hist. Where \nfraud gave rise to the contract. \nubi re vera (YOO-bI ree veer-;l). [Latin] Where in reality; \nwhen in truth or in point of fact. \nubi supra (YOO-bI s[y]oo-pra). [Latin] Where stated \nabove. \nUce. abbr. 1. UNIFORM COMMERCIAL CODE. 2. UNIVER\nSAL COPYRIGHT CONVENTIO~. \nUCC hattIe of the forms. See BATTLE OF THE FORMS. \nUCCC. abbr. UNIFORM CONSUMER CREDIT CODE. \nUCCJA. abbr. UNIFORM CHILD CUSTODY JURISDICTION \nACT. \nUCCJEA. abbr. UNIFORM CHILD CUSTODY JURISDICTION \nAND ENFORCEMENT ACT. \nUCE. abbr. Unsolicited commercial e-mail. See SPAM. \nUCITA. abbr. UNIFORM COMPUTER INFORMATION \nTRANSACTIONS ACT. \nUCMJ. abbr. UNIFORM CODE OF MILITARY JUSTICE. \nUCP. abbr. UNIFORM CUSTOMS AND PRACTICE FOR COM\nMERCIAL DOCUMENTARY CREDITS. UCR. abbr. UNIFORM CRIME REPORTS. \nUDITPA. abbr. UNIFORM DIVISION OF INCOME FOR TAX \nPURPOSES ACT. \nUDRA. abbr. UNIFORM DIVORCE RECOGNITION ACT. \nUDRP. abbr. UNIFORM DOMAIN-NAME DISPUTE-RESO\nLUTION POLICY. \nUDTPA. abbr. UNIFORM DECEPTIVE TRADE PRACTICES \nACT. \nUETA. abbr. U~IFORM ELECTRONIC TRANSACTIONS \nACT. \nUFCA. abbr. UNIFORM FRAUDULENT CONVEYANCES \nACT. \nUFTA. abbr. UNIFORM FRAUDULENT TRANSFER ACT. \nUGMA. abbr. Uniform Gifts to Minors Act. See UNIFORM \nTRANSFERS TO MINORS ACT. \nUHCDA. abbr. UNIFORM HEALTH-CARE DECISION ACT. \nUIFSA. abbr. UNIFORM INTERSTATE FAMILY SUPPORT \nACT. \nUUe. abbr. UNIFORM INTERSTATE JUVENILE COMPACT. \nUJCA. abbr. UNIFORM Jt:VENILE COURT ACT. \nU.K. abbr. UNITED KINGDOM. \nukase (yoo-kays oryoo-kays). (I8c) A proclamation or \ndecree, esp. of a final or arbitrary nature. _ This term \noriginally referred to a decree issued by a Russian \nczar. \nullage (al-ij), n. The degree to which a container ofliquid \nfalls short of being full. \nullage, vb. To determine the amount of ullage in a con\ntainer holding liquid. \nulna ferrea (al-na fer-ee-J). [Law Latin \"iron eW] Hist. \nAn iron measuring device, approximately a yard in \nlength, kept in the Exchequer as a standard measure. \nulnage (ill-nij). Alnage. See ALNAGER. \nULPA. abbr. UNIFORM LIMITED PARTNERSHIP ACT. \nulterior intent. See INTENT (1). \nulterior remainderman. See REMAINDERMAN. \nultima ratio (ill-ti-ma ray-shee-oh). [Latin] 1. The final \nargument; the last resort; the means last to be resorted \nto. 2. A final sanction. \nultimate fact. See FACT. \nultimate issue. See ISSUE (1). \nultimate question. See ultimate issue under ISSUE (1). \nultimate species. See SPECIES (2). \nultimatum C:lI-ta-may-t;lm), n. (18c) The final and cate\ngorical proposal made in negotiating a treaty, contract, \nor the like. -An ultimatum implies that a rejection \n\n1662 ultimatum supplicum \nmight lead to a break-off in negotiations or, in interna\ntionallaw, to a cessation ofdiplomatic relations or even \nto war. PI. ultimatums. \nultimatum supplicum. [Law Latin \"final or extreme pun\nishment,,] Capital punishment. \nultimogeniture. See BOROUGH ENGLISH. \nultimo loco (al-ii-moh loh-koh). [Latin] Hist. In the last \nplace. -The phrase usu. referred to the position of a \nclaimant who takes only after all other claims have been \nsatisfied. \nultimum tempus pariendi (al-ti-m\"m tem-p\"s par-ee\nen-dl). [Law Latin \"last date for giving birth\"] Hist. A \ntime beyond or after which a child may not be born. \n-The phrase was used, for example, in determining \nlegitimacy or paternity. \nultimus heres (al-ti-m\"s heer-eez). See HERES. \nultra fines compromissi (al-tm fI-neez kom-pr,,-mis-l). \n[Law Latin] Hist. Beyond the limits ofthe submission \nto arbitration. See ULTRA VIRES COMPROMISSI. \nultra fines decreti (;d-tra fI-neez di-kree-tI). [Law LatinI \nHist. Beyond the limits ofthe decree. \nultra fines mandati (al-tr\" fI-neez man-day-tI). [Law \nLatin] Hist. Beyond the limits ofthe mandate. \nultrahazardous. See EXTRAHAZARDOUS. \nultrahazardous activity. See ABNORMALLY DANGEROUS \nACTIVITY. \nultra licitum (al-tra lis-i-tam). [Law Latin] Hist. Beyond \nwhat is permissible or legaL \nultra mare (al-tr\" mair-ee or mahr-ee). [Latin] See \nBEYOND SEAS. \nultra petita (al-tr\" p,,-tI-ta). [Law Latin] Hist. Beyond \nthat which was sought. \n\"A judgment or decision is said to be ultra petita when it \nawards more than was sought or sued for in the petition \nor summons; and the same thing is said of a sentence \nwhen it [does] not conform to its grounds and warrants. \nThis affords a good ground for the reversal or reduction \nof such a decree.\" John Trayner, Trayner's Latin Maxims \n609-10 (4th ed. 1894). \nultra reprises (al-trd ri-prIz-iz). After deduction of \nexpenses; net. \nultra valorem (al-tra va-lor-\"m). [Law Latin] Hist. \nBeyond the value. \nultra vires (31-trd VI-reez also veer-eez), adj. [Latin \n\"beyond the powers (of)\"] (I8c) Unauthorized; beyond \nthe scope of power allowed or granted by a corporate \ncharter or by law <the officer was liable for the firm's \nultra vires actions>. -Also termed extra vires. Cf. \nINTRA VIRES. [Cases: Corporations Cd370(1),385.] \nultra vires, adv. \nultra vires compromissi (al-trd VI-reez [also veer-eez] \nkom-pr<l-mis-l). [Law Latin] Hist. Beyond the force of \nthe submission to arbitration; beyond the authority of \nthe submission. -An arbitration award, for example, \ncould be reduced ifthe award was greater than the sub\nmission warranted. ultra vires inventarii (al-tra VI-reez [also veer-eez] in\nven-tair-ee-I). [Law Latin] Hist. Beyond the value ofthe \ninventory. -An executor was not liable for the dece\ndent's debts ultra vires inventarii. \nultroneous witness. See WITNESS. \numbrella insurance. See INSURANCE. \numbrella limited partnership. See PARTNERSHIP. \numbrella order. See BLANKET ORDER (1). \numbrella-partnership real-estate investment trust. See \nREAL-ESTATE INVESTMENT TRUST. \numbrella policy. See INSURANCE POLICY. \numbrella protective order. See blanket protective order \nunder PROTECTIVE ORDER. \nUMDA. abbr. UNIFORM MARRIAGE AND DIVORCE ACT. \numpirage (am-plr-ij). 1. The office or authority of an \numpire. 2. The decision (such as an arbitral award) of \nan umpire. \numpire. (ISc) An impartial person appOinted to make an \naward or a final decision, usu. when a matter has been \nsubmitted to arbitrators who have failed to agree. -An \narbitral submission may provide for the appointment \nofan umpire. -Also termed (in Scots law) oversman. \n[Cases: Alternative Dispute Resolution (:::::239.] \numpire, vb. \nUMTA. abbr. URBAN MASS TRANSIT ADMINISTRATION. \nun-,prefix. (bef. 12c) 1. Not <unassignable>. 2. Contrary \nto; against <unconstitutional>. \nU.N. abbr. UNITED NATIONS. \nunaccrued, adj. Not due, as rent on a lease. \nuna cum. [Latin] Together with. \nunalienable, adj. See INALIENABLE. \nunanimous (yoo-nan-a-mas), adj. (17c) 1. Agreeing in \nopinion; being in complete accord <the judges were \nunanimous in their approval of the recommenda\ntion>. 2. Arrived at by the consent ofall <a unanimous \nverdict>. See unanimous consent under CONSENT (2); \nunanimous vote under VOTE. Cf. without objection \nunder OBJECTION (3). \nunanimous consent. See CONSENT (2). \nunanimous-consent agenda. See consent calendar under \nCALENDAR (4). \nunanimous-consent agreement. Parliamentary law. An \nagreement, negotiated between opposing sides debating \na motion, regarding the procedure under which the \nassembly will consider the motion. -The unanimous\nconsent agreement is a common practice in the u.s. \nSenate. Also termed time agreement. See unanimous \nconsent under CONSENT (2). \nunanimous-consent calendar. See consent calendar \nunder CALENDAR (4). \nun"}
{"text": "CONSENT (2). \nunanimous-consent calendar. See consent calendar \nunder CALENDAR (4). \nunanimous vote. See VOTE (3). \nunascertained duty. See DUTY (4). \n\n1663 \nunauthorized, adj. (16c) Done without authority; specif. \n(of a signature or indorsement), made without actual, \nimplied, or apparent authority. UCC  1-201(43). [Cases: \nPrincipal and Agent (;::J 147-162.] \nunauthorized completion. Commercial law. The act of \nfilling in missing information in a negotiable instru\nment either without any authority to do so or without \nadequate authority. Unauthorized completion is \na personal defense, so it can be raised against any \nlater holder of the instrument who does not have the \nrights of a holder in due course. See personal defense \nunder DEFENSE (4). [Cases: Bills and Notes (;::J60, 378, \n452(1).] \nnnauthorized indorsement. See INDORSEMENT. \nunauthorized practice oflaw. See PRACTICE OF LAW. \nunauthorized signature. See SIGNATURE. \nunauthorized use of a vehicle. See JOYRIDING. \nunavailability, fl. (1855) The status or condition of not \nbeing available, as when a witness is exempted by court \norder from testifying . Unavailability is recognized \nunder the Federal Rules of Evidence as an exemption \nto the hearsay rule. Fed. R. Evid. 804. (Cases: Criminal \nLaw (;::J419(5); Evidence (,'::\"::>317(17).] \nuna voce (yoo-nd voh-see). [Latin] With one voice; unan\nimously; without dissent. \nunavoidable accident. See ACCIDENT. \nunavoidable-accident doctrine. (1961) Torts. The rule \nholding no party liable for an accident that was not \nforeseeable and that could not have been prevented by \nthe exercise of reasonable care . The modern trend is \nfor courts to ignore this doctrine and to rely instead on \nthe basic concepts of duty, negligence, and proximate \ncause. Also termed inevitable-accident doctrine. \n[Cases: Automobiles (;::J201(1O); Negligence e=-~440.] \nunavoidable casualty. See unavoidable accident under \nACCIDENT. \nunavoidable cause. See CAUSE (1). \nunavoidable danger. See DANGER. \nunbanked, adj. Lacking a formal relationship with a \nbank or other financial institution . Unbanked con\nsumers are the most frequent users of money services \nbusinesses. \nunborn beneficiary. See BENEFICIARY. \nunborn child. See CHILD. \nunborn-widow rule. (1957) The legal fiction, assumed \nunder the rule against perpetuities, that a beneficiary's \nwidow is not alive at the testator's death, and thus a suc\nceeding life estate to her voids any remainders because \nthe interest would not vest within the perpetuities \nperiod. See RULE AGAINST PERPETUITIES. \nunbroken, adj. (14c) Not interrupted; continuous \n<unbroken possession by the adverse possessor>. \nunbundling rules. Telecommunications. Regulations \npassed by the Federal Communications Commission \nto effectuate the local-competition requirements ofthe unconscionability \nTelecommunications Act of 1996, which reqUires local\nexchange carriers to provide access to elements oflocal\nexchange networks on an unbundled (Le., separated) \nbasis. 47 USCA  251; 47 CPR pt. 51. See NETWORK \nELEMENT. [Cases: Telecommunications (~860.1 \nuncertain damages. See DAMAGES. \nuncertificated security. See SECURITY. \nuncertified security. See uncertificated security under \nSECURITY. \nuncia (;m-shee-d), n. [Latin]!. Roman law. One-twelfth \nof the as (a pound or, by analogy, an estate or inheri\ntance). The English word ounce is derived from this \nterm. Cf. AS; BES. 2. Hist. A measure ofland used in a \nroyal charter . The size of an uncia is unclear, but it \nmay have measured 1,200 square feet (i.e., 12 modii). 3. \nGenerally, the proportion of one-twelfth. \nunciarius heres (;m-shee-air-ee-ds heer-eez). [Latin] \nRoman law. An heir to one-twelfth of an estate or \ninheritance. \nuncitable. See NO:-.!CITABLE. \nUNCITRAL Rules. The Arbitration Rules ofthe United \nNations Commission on International Trade Law, \napplicable to all international commercial arbitrations \nexcept as prohibited by the local law where the arbitra\ntion takes place. \nunclean bill oflading. See BILL OF LADING. \nunclean-hands doctrine. See CLEAN-HANDS DOCTRI:sJE. \nuncollected funds. A credit, such as an increase in the \nbalance of a checking or other deposit account in a \nfinancial institution, given on the basis of a check or \nother right to payment that has not yet been received \nfrom the drawee or other payor. [Cases: Banks and \nBanking 122, 133, 137.] \nunconditional, adj. (l7c) Not limited by a condition; \nnot depending on an uncertain event or contingency; \nabsolute. \nunconditional delivery. See DELIVERY. \nunconditional discharge. See DISCHARGE (5). \nunconditional heir. See HEIR. \nunconditional pardon. See absolute pardon under \nPARDON. \nunconditional promise. See PROMISE. \nunconditional release. See RELEASE. \nunconscionability (dn-kon-sh<l-nd-bil-<l-tee). (l6c) 1. \nExtreme unfairness . Unconscionability is normally \nassessed by an objective standard: (1) one party's lack \nof meaningful choice, and (2) contractual terms that \nunreasonably favor the other party. 2. The principle \nthat a court may refuse to enforce a contract that is \nunfair or oppressive because of procedural abuses \nduring contract formation or because of overreaching \ncontractual terms, esp. terms that are unreasonably \nfavorable to one party while precluding meaningful \nchoice for the other party . Because unconScionability \ndepends on circumstances at the time the contract is \n\n1664 unconscionable \nformed, a later rise in market price is irrelevant. [Cases: \nContracts \n\"Traditionally, a bargain was said to be unconscionable in \nan action at law if it was 'such as no man in his senses and \nnot under delusion would make on the one hand, and as no \nhonest and fair man would accept on the other;' damages \nwere then limited to those to which the aggrieved party \nwas 'equitably' entitled. Even though a contract was fully \nenforceable in an action for damages, equitable remedies \nsuch as specific performance were refused where 'the sum \ntotal of its provisions drives too hard a bargain for a court \nof conscience to assist.' Modern procedural reforms have \nblurred the distinction between remedies at law and in \nequity. For contracts for the sale of goods, Uniform Com\nmercial Code  2302 states the rule of this Section without \ndistinction between law and equity. Comment 1 to that \nsection adds, 'The principle is one of the prevention of \noppression and unfair surprise ... and not of disturbance \nof allocation of risks because of superior bargaining \npower.'\" Restatement (Second) of Contracts  208 cmt. b \n(1979) (citations omitted). \n\"Nowhere among the [Uniform Commerciall Code's many \ndefinitions is there one of unconscionability. That the \nterm is incapable of precise definition is a source of both \nstrength and weakness.\" E. Allan Farnsworth, Contracts \n 4.28, at 310 (3d ed. 1999) \nprocedural unconscionability. (1973) Unconscionabil\nity resulting from improprieties in contract formation \n(such as oral misrepresentations or disparities in bar\ngaining position) rather than from the terms of the \ncontract itself. [Cases: Contracts 1.] \n\"Most cases of unconscionability involve a combination \nof procedural and substantive unconscionability, as it is \ngenerally agreed that if more of one is present, then less \nof the other is required.\" E. Allan Farnsworth, Contracts \n 4.28, at 312 (3d ed. 1999). \nsubstantive unconscionability. (1973) L'nconscio\nnability resulting from actual contract terms that \nare unduly harsh, commercially unreasonable, and \ngrossly unfair given the existing circumstances. \n[Cases: Contracts \nunconscionable (an-kon-shd-nd-bal), adj. (16c) 1. (Of \na person) having no conscience; unscrupulous <an \nunconscionable used-car salesman>. 2. (Of an act or \ntransaction) showing no regard for conscience; affront\ning the sense ofjustice, decency, or reasonableness <the \ncontract is void as unconscionable>. Cf. CONSCIONABLE. \n[Cases: Contracts 1.] \nunconscionable agreement. See AGREEMENT. \nunconscionable bargain. See unconscionable agreement \nunder AGREEMENT. \nunconscionable contract. See unconscionable agreement \nunder AGREEMENT. \nunconscious, adj. Without awareness; not conscious . A \nperson who commits a criminal act while unconscious \nmay be relieved from liability for the act. \nunconsciousness defense. See AUTOMATISM. \nunconstitutional, adj. (18c) Contrary to or in conflict \nwith a constitution, esp. the L'.S. Constitution <the \nlaw is unconstitutional because it violates the First \nAmendment's free-speech guarantee>. Cf. NONCON\nSTITUTIONAL. unconstitutional-conditions doctrine. Constitutional \nlaw. 1. The rule that the government cannot condition a \nperson's receipt ofa governmental benefit on the waiver \nofa constitutionally protected right (esp. a right under \nthe First Amendment). -For example, a television \nstation that receives public funds cannot be forced to \nrefrain from endorsing political candidates. [Cases: \nConstitutional Law G-' 1057.] 2. The rule that the gov\nernment cannot force a defendant to choose between \ntwo constitutionally protected rights. Also termed \ndoctrine ofunconstitutional conditions. \nunconstitutionally vague. See VAGUE. \nuncontestable clause. See INCONTESTABILITY CLAUSE. \nuncontested divorce. See DIVORCE. \nuncontested hearing. See HEARING. \nuncontrollable, ad;. Incapable of being controlled. \nuncontrollable impulse. See IMPULSE. \nuncontrolled-securities-offering distribution. See secu\nrities-offering distribution (2) under DISTRIBGTION. \nuncopyrightable, adj. (Of a work) ineligible for copy\nright protection either because the work lacks origi\nnality or because it is an idea, concept, process, or \nother abstraction that is not included in one of the \neight covered classifications of copyrightable works. \n17 USCA  101-106. [Cases: Copyrights and Intellec\ntual Property (;:::::4.] \nuncore prist (,m[g]-kor prist). [Law French \"still ready\") \nHist. A plea by which a party alleges readiness to payor \nperform what is justly demanded. \n\"Yet sometimes, after tender and refusal of a debt, if the \ncreditor harasses his debtor with an action, it then becomes \nnecessary for the defendant to acknowledge the debt, and \nplead the tender; adding, that ... he is still ready, uncore \nprist, to discharge it ....\" 3 William Blackstone, Commen\ntaries on the Laws of England 303 (1768). \nuncorrectability defense. Patents. An affirmative defense \nin an infringement suit, established by showing (1) that \na coinventor's name was omitted from a patent, and (2) \nthat the patent cannot be corrected because the named \ncoinventor acted with deceptive intent. [Cases: Patents \nuncounseled, adj. Without the benefit or participation \nof legal counsel <an uncounseled conviction> <an \nuncounseled defendant>. \nuncovered option. See naked option under OPTION. \nUNCRC. abbr. UNITED NATIONS CONVENTION ON THE \nRIGHTS OF THE CHILD. \nunde nihil habet (an-dee nI-hil hay-bat). [Law Latin \n\"whereof she has nothing\"] Hist. A writ of dower for a \nwidow where no dower had been assigned to her within \nthe time allowed by law. See WRIT OF DOWER. Cf. DE \nDOTE UNDE NIL HABET. \nundercapitalization. See CAPITALIZATION. \nundercover agent. See AGENT. \nundercurrent of surface stream. 'Vater that moves \nslowly through the bed of a stream or the lands under \n\n1665 \nor immediately adjacent to the stream . This water is \nconsidered part ofthe surface stream. -Also termed \nunderflow ofsurface stream. \nunderdeveloped country. See DEVELOPING COUNTRY. \nunderflow ofsurface stream. See UNDERCURRENT OF \nSURFACE STREAM. \nunderground economy. See SHADOW ECONOMY. \nunderground recording. See BOOTLEG RECORDING (1). \nunderinsurance. An agreement to indemnify against \nproperty damage up to a certain amount but for less \nthan the property's full value. \nunderinsured-motorist coverage. Insurance that pays \nfor the insured's losses and injuries negligently caused \nby a driver does not have enough liability insurance \nto cover the damages. Cf. UNINSURED-MOTORIST \nCOVERAGE. [Cases: Insurance (;::::)2772,2787.] \nunderlease. See SUBLEASE. \nunderlessor. See SUBLESSOR. \nunder one's hand. (Of a person's signature) affixed \nmanually, as opposed to printed or stamped. \nnnder protest. See PROTEST (3). \nUndersecretary ofCommerce for Intellectual Property. \nSee DIRECTOR OF THE UNITED"}
{"text": ". See PROTEST (3). \nUndersecretary ofCommerce for Intellectual Property. \nSee DIRECTOR OF THE UNITED STATES PATENT AND \nTRADEMARK OFFICE. \nundersheriff. See deputy sheriff under SHERIFF. \nundersigned, n. (17c) A person whose name is signed at \nthe end of a document <the underSigned agrees to the \nterms and conditions set forth above>. \nunder-65 trust. See TRUST. \nunderstand, vb. To apprehend the meaning of; to \nknow <the testator did not understand what he was \nsigning>. \nunderstanding, n. (bef. 12c) 1. lhe process of compre\n. hending; the act of a person who understands some\nthing. 2. One's personal interpretation of an event or \noccurrence. 3. An agreement, esp. ofan implied or tacit \nnature. \nunder submission. (ISc) Being considered by the court; \nunder advisement <the case was under submission in \nthe court of appeals for more than two years>. \nundertake, vb. (13c) l. To take on an obligation or task \n<he has undertaken to chair the committee on legal aid \nfor the homeless>. 2. To give a formal promise; guar\nantee <the merchant undertook that the goods were \nwaterproof>. 3. To act as surety for (another); to make \noneself responsible for (a person, fact, or the like) <her \nhusband undertook her appearance in court>. [Cases: \nUndertakings \nundertaking, n. (l4c) 1. A promise, pledge, or engage\nment. [Cases: Undertakings (::::0 1.] 2. A bail bond. \n[Cases: Bail \nundertenant. See SUBLESSEE. \nunder the influence. (1879) (Of a driver, pilot, etc.) \ndeprived of clearness of mind and self-control because underwriting spread \nof drugs or alcohol. See DRIVING UNDER THE INFLU\nENCE. lCases: Automobiles (::::0332.] \nUndertreasurer ofEngland. Hist. An officer immedi\nately subordinate to the Lord High Treasurer. \nundertutor. See TUTOR. \nunderwriter. 1. INSURER. 2. One who buys stock from the \nissuer with an intent to resell it to the public; a person or \nentity, esp. an investment banker, who guarantees the \nsale of newly issued securities by purchasing all or part \nofthe shares for resale to the public. [Cases: Securities \nRegulation 1.18,60.31.] \n\"The term 'underwriter' derives its meaning from former \nBritish insurance practices. When insuring their cargo \nshippers would seek out investors to insure their property. \nThe insurers would add their signatures and would write \ntheir names under those of the shipper; hence the term \n'underwriters.' Both in terms of the insurance industry and \nthe securities markets, the concept of underwriting has \nexpanded significantly since its inception.\" Thomas Lee \nHazen. The Law of Securities Regulation  2.1. at 57 (2d \ned. 1994). \nchartered life underwriter. An underwriter who has \nsatisfied the requirements set forth by The American \nCollege (formerly The American College of Life \nUnderwriters) to be designated a life insurance under\nwriter. Abbr. CLU. \ninsurance underwriter. l. INSURER. Also termed \nwriter. 2. An insurance-company employee who is \nresponsible for determining whether to issue a policy \nand the amount to charge for the coverage prOVided. \n[Cases: Insurance~) 1515.] \nunderwriting, II. 1. lhe act ofassuming a risk by insuring \nit; the insurance of life or property. See INSURANCE. \n[Cases: Insurance 1515.] 2. The act of agreeing to \nbuy all or part ofa new issue ofsecurities to be offered \nfor public sale. [Cases: Securities Regulation C':::> 11.18, \n60.31.] -underwrite, vb. \nbest-efforts underwriting. Underwriting in which an \ninvestment banker agrees to direct, but not guaran\ntee, the public sale of the issuer's securities . 'The \nunderwriter, or underwriting group, sells the securi\nties as agent for the issuer, and unsold securities are \nnever issued. \nfirm-commitment underwriting. Underwriting in \nwhich the underwriter agrees to buy and sell all the \nshares to be issued and assumes full financial respon\nsibility for any unsold securities . The underwriter, \nor underwriting group, buys the securities from the \nissuer and resells them as principal. In this type of \nunderwriting, securities that are not sold to the public \nare owned by the underwriter, and the issuer is paid \nfor those securities as well as the others. \nstandby underwriting. Underwriting in which \nthe underwriter agrees, for a fee, to buy from the \nissuer any unsold shares remaining after the public \noffering. Also termed strict underwriting. \nunderwriting agreement. See AGREEMENT. \nunderwriting spread. See SPREAD (4). \n\n1666 undesirable discharge \nundesirable discharge. See DISCHARGE (8). \nunde vi (an-dee VI). [Latin] Roman law. A praetorian \ninterdict allowing one who was violently dispossessed \nof a thing to recover it. \nundigested offering. See OFFERING. \nundisclosed agency. See AGENCY (1). \nundisclosed principal. See PRINCIPAL (1). \nundisputed, adj. Not questioned or challenged; uncon\ntested. \nundisputed fact. See FACT. \nundistributed-earnings tax. See accumulated-earnings \ntax under TAX. \nundistributed profit. See retained earnings under \nEARNINGS. \nundivided interest. See INTEREST (2). \nundivided profit. See accumulated profit under PROFIT \n( 1). \nundivided right. See undivided interest under INTEREST \n(2). \nundivided title. See undivided interest under INTEREST \n(2). \nundocumented alien. See illegal alien under ALIEN. \nundue, adj. (14c) 1. Archaic. Not yet owed; not currently \npayable <an undue debt>. 2. Excessive or unwarranted \n<undue burden> <undue influence>. unduly, adv. \nundue-breadth rejection. See REJECTION. \nundue burden, n. See BURDEN. \nundue-burden test. (1992) Constitutional law. The \nSupreme Court test stating that a law regulating \nabortion will be struck down if it places a substantial \nobstacle in the path of a woman's right to obtain an \nabortion. This test replaced the \"trimester analysis\" \nset forth in Roe v. Wade, in which the state's ability \nto restrict abortion increased after each trimester of \npregnancy. Planned Parenthood of Southeastern Pa. \nv. Casey, 505 U.S. 833, 112 S.Ct. 2791 (1992). [Cases: \nAbortion and Birth Control C='104.] \nundue experimentation. Patents. An unreason\nable amount of research and testing that would be \nrequired for a person skilled in the appropriate art to \nmake and work an invention from the specification \nin the patent application . If undue experimentation \nwould be required, the application fails the embodi\nment requirement 01'35 USCA  112. See WANDS TEST. \n[Cases: Patents (::::::>99.] \nundue hardship. See HARDSHIP. \nundue influence. (18c) 1. The improper use of power or \ntrust in a way that deprives a person of free will and \nsubstitutes another's objective . Consent to a contract, \ntransaction, or relationship or to conduct is voidable if \nthe consent is obtained through undue influence. \nAlso termed implied coercion; moral coercion. [Cases: \nContracts (;:::::-96.] \n\"Undue influence is unfair persuasion of a party who \nis under the domination of the person exercising the persuasion or who by virtue of the relation between \nthem is justified in assuming that the person will not act \nin a manner inconsistent with his welfare.\" Restatement \n(Second) of Contracts  177(1) (1979). \n\"When at the turn of the twentieth century, the common \nlaw doctrine of duress was expanded to provide relief for \ncoercion irrespective of the means of coercion, much of the \nwork of undue influence became unnecessary, The doctrine \nhas a much more specialized role today, although often \nenough the precedents decided when the more general \ndoctrine prevailed are cited and quoted to the general \nconfusion of the profession. Today the gist of the doctrine \nis unfair persuasion rather than coercion. Euphoria rather \nthan fear is often, but certainly not always, the state of \nmind of the party unduly influenced.\" John D. Calamari & \nJoseph M. Perillo. The Law of Contracts  9-9, at 351-52 \n(3d ed. 1987). \n2. Wills & estates. Coercion that destroys a testator's \nfree will and substitutes another's objectives in its place . \n When a beneficiary actively procures the execution of \na will, a presumption of undue influence may be raised, \nbased on the confidential relationship between the \ninfluencer and the person influenced. -Also termed \nimproper influence; (formerly, in both senses) sugges\ntion. See COERCION; DURESS. [Cases: Wills (~154.] \nundue multiplicity of claims. See AGGREGATION OF \nCLAIMS. \nundue-multiplicity-of-claims rejection. See REJEC\nTION. \nundue prejudice. See PREJUDICE. \nunduly dangerous conduct. See unreasonably dangerous \nconduct under CONDUCT. \nundutiful will. See unnatural will under WILL. \nunearned income. See INCOME. \nunearned increment. See INCREMENT. \nunearned interest. See INTEREST (3). \nunearned premium. See PREMIUM (1). \nunearned-premium reserve. See RESERVE. \nunearned surplus. See SURPLVS. \nunemployment. The state or condition of not haVing a \njob even though available for work and perhaps seeking \nit. \nstructural unemployment. Unemployment resulting \nfrom a shift in the demand for a particular product \nor service. \nunemployment compensation. See unemployment \ninsurance under INSURANCE; COMPENSATION. \nunemployment insurance. See INSURANCE. \nunemployment tax. See TAX. \nunenacted law. See LAW. \nunencumbered (an-in-k;lm-bard), adj. Without any \nburdens or impediments <unencumbered title to \nproperty>. \nunenforceable, ad). (1804) (Of a contract) valid but inca\npable of being enforced. Cf. VOID; VOIDABLE. [Cases: \nContracts (;:::::-138(1).] \nunenforceable contract. See CONTRACT. \n\n1667 \nUNEP. abbr. UNITED NATIONS ENVIRONMENT PRO\nGRAMME. \nunequal, adj. (16c) Not equal in some respect; uneven \n<unequal treatment under the law>. \nunequivocal (an-i-kwiv-a-kal), adj. (18c) Unambiguous; \nclear; free from uncertainty. \nunerring (;m-ar-ing also an-er-ing), adj. Incapable of \nerror; infallible. \nUNESCO. abbr. UNITED NATIONS EDUCATIONAL, SCIEN\nTIFIC, AND CULTURAL ORGANIZATION. \nunessential mistake. See MISTAKE. \nunethical, adj. (1871) Not in conformity with moral \nnorms or standards of professional conduct. See LEGAL \nETHICS. \nunexpected, adj. Happening without warning; not \nexpected. \nunexpired term. See TERM (4). \nunfair competition. (1876) 1. Dishonest or fraudulent \nrivalry in trade and commerce; esp., the practice of \nendeavoring to pass off one's own goods or products in \nthe market for those of another by means of imitating \nor counterfeiting the name, brand, size, shape, or other \ndisti nctive characteristic of the article or its packaging. \n[Cases: Antitrust and Trade Regulation C=:40.] 2. The \nbody oflaw encompassing various business and privacy \ntorts, all generally based on deceitful trade practices, \nincluding passing off, false advertiSing, commercial \ndisparagement, and misappropriation. \n\"The legal doctrine of unfair competition is a development \nof the fundamental idea that dealings based on deceit are \nlegally wrong.\" Harry D. Nims, The Law ofUnfair Competi\ntion and Trade-Marks 6 (1929). \nunfair hearing. See HEARING. \nunfair labor practice. Any conduct prohibited by state \n. or federal law governing the relations among employ\ners, employees, and labor organizations. -Examples \nof unfair labor practices by an employer include (1) \ninterfering with protected employee rights, such as the \nright to self-organization, (2) discriminating against \nemployees for union-related activities, (3) retaliat\ning against employees who have invoked their rights, \nand (4) refUSing to engage in collective bargaining. \nExamples of unfair labor practices by a labor organi\nzation include causing an employer to discriminate \nagainst an employee, engaging in an illegal strike or \nboycott, causing an employer to pay for work not to be \nperformed (Le., featherbedding), and refusing to engage \nin collective bargaining. 29 USCA  151-169. [Cases: \nLabor and Employment C=-.-O 1427-1504.] \nunfair persuasion. (1931) Contracts. A type of undue \ninfluence in which a stronger party achieves a result by \nmeans that seriously impair the weaker party's free and \ncompetent exercise of judgment. -Unfair persuasion is \na lesser form of undue influence than duress and mis\nrepresentation. The two primary factors to be consid\nered are the unavailability of independent advice and unico contextu \nthe susceptibility of the person persuaded. See UNDUE \nINFLUENCE (1). [Cases: Contracts e=-~96.] \nunfair surprise. (1815) A situation in which"}
{"text": "1). [Cases: Contracts e=-~96.] \nunfair surprise. (1815) A situation in which a party, \nhaving had no notice of some action or proffered \nevidence, is unprepared to answer or refute it. \nunfair trade. An inequitable business practice; esp., the \nact or an instance of a competitor's repeating ofwords \nin a way that conveys a misrepresentation that mate\nrially injures the person who first used the words, by \nappropriating credit of some kind earned by the first \nuser. [Cases: Antitrust and Trade Regulation C=:25.] \nUnfair Trade Practices and Consumer Protection \nLaw. A model statute patterned on the Federal Trade \nCommission Act and proposed by the FTC in 1967 \nfor adoption by the states; a state law providing con\nsumer-protection remedies, including private causes of \naction, for deceptive trade practices and false advertis\ning. _ The Act gives the state attorney general power \nto regulate unfair and deceptive trade practices. It also \ngives consumers a right to sue offenders directly. \nAbbr. UTPCPL. -Also termed Little FTC Acts. [Cases: \nAntitrust and Trade Regulation C:::> 126.] \nunfinished business. See BUSINESS. \nunfinished business and general orders. See BUSINESS. \nunfit, adj. (16c) 1. Unsuitable; not adapted or qualified \nfor a particular use or service <the buyer returned the \nunfit goods to the seller and asked for a refund>. [Cases: \nContracts C=:312(5); Sales C=>284(1).] 2. Family law. \nMorally unqualified; incompetent <the judge found the \nmother unfit and so found that awarding custody of \nthe child to the father was in the child's best interests>. \n[Cases: Child Custody C=-.~32; Infants C=:154.1-159.] \nunfitness of a parent. Family law. A parent's failure to \nexhibit a reasonable concern for, interest in, or respon\nsibility for a child's welfare. _ Regardless of the specific \nground for an allegation ofunfitness, a court considers \nthe parent's actions and the circumstances surround\ning the conduct in deciding whether unfitness has been \ndemonstrated. [Cases: Child Custody Infants \nC=:154.1-159.] \nunforeseen, adj. Not foreseen; not expected <unforeseen \ncircumstances>. \nunfriendly suitor. See CORPORATE RAIDER. \nunfriendly takeover. See hostile takeover under \nTAKEOVER. \nunfunded deferred -compensation plan. See EM PLOYEE \nBENEFIT PLAN. \nunhandsome dealing. Archaic. See SHARP PRACTICE. \nunharmed, adj. Not injured or damaged. \nunica taxatio (yoo-na-k<l tak-say-shee-oh). [Law Latin \n\"a single taxation\"] Rist. The practice ofhaving the jury \nassess damages against a defaulting defendant as well \nas a defendant who contests the case. \nunico contextu (yoo-ni-koh k<ln-teks-t[yJoo). [Law Latin] \nRist. In one connection. _ The phrase appeared in ref\n\n1668 unifactoral obligation \nerence to that which was accomplished by the same act \nor by different acts performed at the same time. \n\"When there are more parties than one to a deed, it is not \nessential to the validity of its execution that they should \nsubscribe unico contextu i.e., it is not necessary for them \nto subscribe at the same time and place. But where (as was \nformerly required) two notaries subscribed for a person \nwho could not write, it was necessary that they should \nsubscribe unico contextu at the same time and place, and \nbefore the same witnesses.\" John Trayner, Trayner's Latin \nMaxims 611 (4th ed. 1894). \nunifactoral obligation. See OBLIGATION. \nunified bar. See integrated bar under BAR. \nunified credit. See unified estate-and-gift tax credit \nunder TAX CREDIT. \nunified estate-and-gift tax. See unified transfer tax \nunder TAX. \nunified estate-and-gift tax credit. See TAX CREDIT. \nunified family court. See COURT. \nunified transfer tax. See TAX. \nuniform, adj. Characterized by a lack ofvariation; iden\ntical or consistent. \nuniform act. 1. A law drafted with the intention that \nit will be adopted by all or most of the states; esp., a \nuniform law. See UNIFORM LAW. Cf. MODEL ACT. 2. See \nuniform statute under STATUTE. [Cases; Statutes \n226.J \nUniform Adoption Act. A 1994 model statute aimed at \nachieving uniformity in adoption laws . The current \nversion of the Act was promulgated in 1994 by the \nNational Conference of Commissioners on Uniform \nState Laws. State adoption has been largely unsuccess\nful. Earlier versions, in 1953 and 1971, were amended \nmany times but were enacted in only a few states. -\nAbbr. UAA. [Cases: Adoption (::::)1-25.] \nUniform Anatomical Gift Act. A 1968 model statute \nthat created protocols that govern the giving and receiv\ning of anatomical gifts . Under the Act, persons may \ndonate their body or parts of their body for purposes \noftransplantation, therapy, research, or education. The \noriginal Act has been adopted in some form in all 50 \nstates and the District of Columbia. It was revised in \n1987, and the revised version has been adopted in some \nform in at least 22 states. Abbr. UAGA. [Cases: Dead \nBodies \nUniform Child Custody Jurisdiction Act. A 1968 model \nstatute that sets out a standard (based on the child's \nresidence in and connections with the state) by which a \nstate court determines whether it has jurisdiction over \na particular child-custody matter or whether it must \nrecognize a custody decree issued by another state's \ncourt. _ The Uniform Child Custody Jurisdiction Act \nwas replaced in 1997 by the Uniform Child Custody \nJurisdiction and Enforcement Act. -Abbr. UCCJA. \nSee HOME STATE. Cf. PARENTAL KIDNAPPING PREVEN\nTION ACT; UNIFORM CHILD CUSTODY JURISDICTION \nAND ENFORCEMENT ACT. [Cases: Child Custody (;::;;, \n730-753.J Uniform Child Custody Jurisdiction and Enforce\nment Act. A 1997 model statute that provides uniform \nmethods ofexpedited interstate custody and visitation \norders. This Act was promulgated as a successor to the \nUniform Child Custody Jurisdiction Act. The UCCJEA \nbrings the Uniform Child Custody Jurisdiction Act \ninto conformity with the Parental Kidnapping Preven\ntion Act and the Violence Against Women Act. The \nAct revises child-custody jurisdiction, giving clearer \nstandards for original jurisdiction and a standard \nfor continuing jurisdiction. The Act also provides a \nremedial process for enforcing interstate child custody \nand visitation. -Abbr. UCCJEA. Cf. UNIFORM CHILD \nCUSTODY JURISDICTION ACT. [Cases: Child CustodyC::::c \n730-753.] \nUniform Code ofMilitary Justice. 1. CODE OF MILITARY \nJUSTICE. 2. A model code promulgated by the National \nConference ofCommissioners on Uniform State Laws \nto govern state military forces when not in federal \nservice. 11 D.L.A. 335 et seq. (1974). -Abbr. UCMJ. \n[Cases: Military Justice (;:::502.] \nUniform Commercial Code. A uniform law that governs \ncommercial transactions, including sales of goods, \nsecured transactions, and negotiable instruments . \nThe Code has been adopted in some form by every state \nand the District of Columbia. Abbe, VCe. [Cases: \nBills and Notes \\.>2; Sales Secured Transac\ntions \nUniform Computer Information Transactions Act. \nA model law that regulates software licenSing and \ncomputer-information transactions . The act draws \nupon contract law and the Uniform Commercial \nCode to create a regulatory scheme for licensing, \nrather than sales or lease, transactions. Among other \nthings, UCITA applies to contracts for the licensing or \npurchase of software, contracts for software develop\nment, and contracts for access to databases through the \nInternet. It does not cover goods or services contracts \nwithin the scope of the UCe. -Abbr. UCIT A. \nUniform Consumer Credit Code. A uniform law \ndesigned to simplify and modernize the consumer \ncredit and usury laws, to improve consumer under\nstanding ofthe terms ofcredit transactions, to protect \nconsumers against unfair practices, and the like. \nThis Code has been adopted by only a few states. -\nAbbr. UCCC; U3e. -Also termed Consumer Credit \nCode. See CONSUMER CREDIT PROTECTION ACT. [Cases: \nConsumer Credit (;::;;, 1.] \nUniform Controlled Substances Act. A uniform act, \nadopted by many states and the federal government, \ngoverning the sale, use, and distribution of drugs. 21 \nUSCA  801 et seq. [Cases: Controlled Substances \n4,20.J \nUniform Crime Reports. A series of annual crimino\nlogieal studies (each entitled Crime in the United States) \nprepared by the FBI.  The reports include data on eight \nindex offenses, statistics on arrests, and information on \noffenders, crime rates, and the like. -Abbr. UCR. \n\n1669 \nUniform Customs and Practice for Commercial Docu\nmeutary Credits. A publication of the International \nChamber of Commerce that codifies widespread \ncustoms of bankers and merchants relating to the \nmechanics and operation ofletters ofcredit.  Courts \nuse this publication to supplement and help interpret \nprimary sources of credit law, such as UCC Article 5. -\nAbbr. UCP. [Cases: Banks and Banking C='191.] \nUniform Deceptive Trade Practices Act. A 1964 model \nstate statute that codified many common-law intellec\ntual-property torts, such as trademark infringement, \npassing off, trade disparagement, and false advertis\ning, and that provided additional consumer protec\ntion against other forms of commercial deception . \nThe Act provides a laundry list ofprohibited practices, \nall involving misrepresentation. -Abbr. UDTPA. See \nBABY FTC ACT. [Cases: Consumer Protection G-..c6.] \n[Cases: Antitrust and Trade Regulation (>,;;, 126.] \nUniform Determination of Death Act. A 1978 model \nstatute that provides a comprehensive basis for deter\nmining death. This is a technical act that merely \ndefines death clinically and does not deal with suicide, \nassisted suicide, or the right to die. lhe Act was revised \nin 1980. It has been adopted in almost all states. [Cases: \nDeath l.] \nUniform Disposition of Community Property at \nDeath Act. A 197] model statute designed for non\ncommunity-property states to preserve the rights of \neach spouse in property that was community property \nbefore the spouses moved to non-community-property \nstates, unless they have severed or altered their com\nmunity-property rights. \nUniform Division of Income for Tax Purposes Act. \nA unitorm law, adopted by some states, that provides \ncriteria to assist in assigning the total taxable income \nofa multistate corporation among the various states. \nAbbr. UDITPA. [Cases: Taxation C::::'3477.] \nUniform Divorce Recognition Act. A 1947 model code \nadopted by some states regarding full-faith-and-credit \nissues that arise in divorces. -Abbr. UDRA. [Cases: \nDivorce C::::'351.] \nUniform Durable Power of Attorney Act. A 1979 \nmodel statute that provides a simple way for a person \nto deal with his or her property by proViding a power \nofattorney that will survive after the incompetence of \nthe principal.  The Act was revised in 1987 and has \nbeen adopted in almost every state. [Cases: Principal \nand Agent ~42.] \nUniformed Services Former Spouses' Protection Act. A \nfederal statute that governs the disposition of military \npension benefits to former spouses of persons in the \narmed services. 10 USCA  1401 et seq. The Act \npermits state courts to treat military-retirement pay \nas marital property and to order payment ofup to 50% \nof the retirement pay directly to the tormer spouse if \nthe spouses were married for at least ten years while \nthe employee served in the military. Abbr. USFSPA. \n[Cases: Divorce (:::::)252.3(4).] Uniform Interstate Juvenile Compact \nUniform Electronic Transactions Act. A 1999 model \nlaw designed to support electronic commerce by pro\nviding means for legally recognizing and retaining \nelectronic records, establishing how parties can bind \nthemselves in an electronic transaction, and provid\ning for the use of electronic records by governmental \nagencies. VETA covers electronic records and digital \nsignatures but applies only if all parties agree to do \nbusiness electronically. -Abbr. UETA. \nUniform Enforcement of Foreign Judgments Act. \nA uniform state law giving the holder of a foreign \njudgment the right to levy and execute as if it were a \ndomestic judgment. [Cases: Judgment C=814-830.] \nUniform Fraudulent Conveyances Act. A model \nact adopted in 1918 to deal with issues arising from \nfraudulent conveyances by insolvent persons . This \nact differentiated between conduct that was presumed \nfraudulent and conduct that required an actual intent \nto commit fraud. -Abbr. UFCA. [Cases: Fraudulent \nConveyances ~2.1 \nUniform Fraudulent Transfer Act. A model act deSigned \nto bring unitormity among the states regarding the \ndefinition of, and penalties for, fraudulent transfers. \n This act was adopted in 1984 to replace the Uniform \nFraudulent Conveyances Act. -Abbr. UFTA. [Cases: \nFraudulent Conveyances C::::'2.] \n"}
{"text": "Act. -Abbr. UFTA. [Cases: \nFraudulent Conveyances C::::'2.] \nUniform Gifts to Minors Act. See UNIFORM TRANSFERS \nTO MINORS ACT. -Abbr. UGMA. \nUniform Health-Care Decisions Act. A 1993 model \nstatute that facilitates and encourages adults to make \nadvance directives. Abbr. UHCDA. See ADVANCE \nDIRECTIVE; LIVING WILL. [Cases: Health (>~912.1 \nUniform Interstate Family Support Act. A 1992 model \nstatute establishing a one-order system by which an \nalimony or child-support decree issued by one state \ncan be enforced against a former spouse who resides in \nanother state . This statute has been adopted in every \nstate and is the basis ofjurisdiction in child -support \nsuits. The purpose of the Act is to make the pursuit of \ninterstate child support and paternity more effective, \nconsistent, and efficient by requiring all states to recog\nnize and enforce consistently support orders issued in \nother states. Before its enactment, there was consider\nable disparity among the states in the way they handled \ninterstate child-support proceedings, since each state \nhad differing versions of the earlier uniform law, the \nUniform Reciprocal Enforcement of Support Act. The \nAct was revised in 1996 and again in 2001. Abbr. \nUIFSA. [Cases: Child Support (>;'500-510.J \nUniform Interstate Juvenile Compact. An agreement \nthat regulates the treatment ofjuveniles who are not \nunder proper supervision or control, or who have \nrun away or escaped, and who are likely to endanger \ntheir own or others' health, morals, or welfare. The \nCompact is relied on by the state to transport juvenile \nrunaways back to their home states. It has now been \nuniversally adopted in the United States, but not always \nin its entirety. Abbr. UIJC. \n\n1670 Uniformity Clause \nUniformity Clause. (1881) lhe clause of the U.S. Consti\ntution requiring the uniform collection offederal taxes. \nU.S. Const. art. I,  8, d. 1. [Cases: Internal Revenue \n(:::J3022.] \nUniform Juvenile Court Act. A 1968 model statute \ndesigned to (1) provide for the care, protection, and \nmoral, mental, and physical development of the \nchildren who come under its provisions, (2) provide \njuvenile delinquents with treatment, training, and \nrehabilitation rather than criminal punishment, (3) \nattempt to keep families together unless separation \nof parents and children is necessary for the children's \nwelfare or is in the public interest, (4) provide a judicial \nprocedure for a fair hearing and protection ofjuvenile \ndelinquents' constitutional and other legal rights, and \n(5) provide simple interstate procedures to carry out \ncooperative measures among the juvenile courts of \ndifferent states. -Abbr. U]CA. [Cases: Infants (:::J \n131-254.] \nuniform law. An unofficial law proposed as legislation \nfor all the states to adopt exactly as written, the purpose \nbeing to promote greater consistency among the states. \n-All the uniform laws are promulgated by the National \nConference of Commissioners on Uniform State Laws. \nFor a complete collection, see Uniform Laws Annotated. \nSee uniform statute under STATUTE. Cf. MODEL ACT. \n[Cases: Statutes (:::J226.] \nUniform Law Commissioners. See NATIONAL CONFER\nENCE OF COMMISSIONERS ON UNIFORM STATE LAWS. \nUniform Limited Partnership Act. A model law promul\ngated in 1916 for adoption by state legislatures to govern \nthe relationship between the partners of a limited part\nnership. _ At one time it was adopted in all states except \nLouisiana. The National Conference of Commission\ners on Uniform State Laws promulgated the Revised \nUniform Limited Partnership Act (RULPA) in 1976, \nand made substantial amendments to it in 1985. The \namended RULPA has been adopted by most states. \nAbbe. ULPA. [Cases; Partnership (:::J351.] \nUniform Mandatory Disposition of Detainers Act. A \n1958 model statute requiring a state to timely dispose \nof any untried charges against a prisoner in that state, \non the prisoner's written request.  The Act has been \nadopted by several states. See INTERSTATE AGREEMENT \nON DETAINERS ACT. [Cases: Extradition and Detainers \nC='51.] \nUniform Marriage and Divorce Act. A 1970 model \nstatute that defines marriage and divorce . Exten\nsively amended in 1973, the Act was an attempt by the \nNational Conference of Commissioners on Uniform \nState Laws to make marriage and divorce laws more \nuniform. The Act's greatest significance is that it intro\nduced, as the sole ground for divorce, irreconcilable \ndifferences. Although the UMDA has been enacted in \npart in only a handful ofstates, it has had an enormous \nimpact on marriage and divorce laws in all states. \nAbbr. UMDA. Also termed Model Marriage and \nDivorce Act. See IRRECONCILABLE DIFFERENCES. Uniform Parentage Act. A 1973 model statute that \nprovides a means for determining parenthood for the \ngeneral welfare of the child and for assigning child \nsupport.  The Act abolishes distinctions between \nlegitimate and illegitimate status for children. Instead, \nit directs courts to determine rights and responsibilities \nbased on the existence of a parent-child relationship. \nThe Act has been adopted in all states. The Act was \nrevised in 2000 and amended in 2002. Among other \nchanges, the revisions provided frameworks for estab\nlishing the parentage (esp. paternity) of children born \nto married or unmarried couples, and set standards \nand rules tor genetic testing. A minority ofstates have \nenacted a version of the revised Act. [Cases: Children \nOut-of-Wedlock C=> 31.] \nUniform Partnership Act. A 1914 model statute \nintended to bring uniformity to state laws govern\ning general and limited partnerships . The Act was \nadopted by almost all the states, but has been super\nseded in several ofthem by the Revised Uniform Part\nnership Act (1994). Abbr. UPA. [Cases: Partnership \nC-=351.]lCases: Partnership C=1,351.] \nUniform Premarital Agreement Act. A 1983 model \nstatute that governs the drafting of prenuptial contracts \nand provides a more certain framework for drafting \ncomplete and enforceable agreements . Under the \nUPAA, a premarital agreement must be in writing \nand Signed by the parties. It becomes effective only \nupon marriage. The agreement may govern the parties' \nassets, support, and obligations during the marriage, at \ndeath, and upon divorce. 'lbe UPAA has been adopted \nin some form in about one-third of the states. Abbr. \nUPAA. [Cases: Husband and Wife C=29.} \nUniform Principal and Income Act. A uniform code \nadopted by some states governing allocation of prin\ncipal and income in trusts and estates. [Cases; Execu\ntors and Administrators C=502; Trusts (:::J272; Wills \n(:::J684.] \nUniform Probate Code. A 1969 model statute that mod\nernizes the rules and doctrines governing intestate suc\ncession, probate, and the administration of estates. -It \nhas been extensively amended many times since 1969 \nand has been enacted in a majority of states. -Abbr. \nUPC. [Cases; Wills 204.] \nUniform Prudent Investor Act. A 1994 model statute \nthat sets a standard for the acts of a trustee, adopts \na prudent-investor standard, and prefers a modern \nportfolio approach to investing . Under the Uniform \nPrudent Investor Act, the trustee is given Significant \npower to delegate the selection of investments. The \nprudent-investor standard replaces the prudent-person \nstandard ofinvesting. The portfolio approach provides \nthat no investment will be viewed in isolation; rather, \nit will be viewed as part of the entire portfolio. Under \nthis theory, even though an investor loses trust assets \non an investment, ifthere is an overall positive return, \nthe investor will not be liable to the beneficiaries. \nAbbr. UPIA. See PRUDENT-INVESTOR RULE. \n\n1671 \nUniform Putative and Unknown Fathers Act. A 1988 \nmodel statute aimed at codifying Supreme Court deci\nsions on the rights of an unwed father in relation to \nhis child . The Act deals primarily with an unwed \nfather's right to notice of a termination and adoption \nproceeding, to adjudication of paternity, to visitation, \nand to custody. -Abbr. UPUFA. -Also termed Model \nPutative Fathers Act; Putative Fathers Act. \nUniform Reciprocal Enforcement of Support Act. A \n1950 model statute (now superseded) that sought to \nunify the way in which interstate support matters were \nprocessed and the way in which one jurisdiction's orders \nwere given full faith and credit in another jurisdiction. \n This Act, which was amended in 1958 and 1960, was \nreplaced in 1997 with the Uniform Interstate Family \nSupport Act. Abbr. URESA. See U:-IIFORM INTER\nSTATE FAMILY SUPPORT ACT. [Cases: Child Support \n500-510.] \nUniform Simultaneous Death Act. A 1940 model statute \ncreating a rule that a person must survive a decedent \nby at least 120 hours in order to avoid disputes caused \nby simultaneous deaths (as in a common disaster) or \nby quickly successive deaths ofpersons between whom \nproperty or death benefits pass on the death of one \nsurvived by the other.  In the absence of the l20-hour \nperiod of survival, each person is presumed to have \nsurvived the other for purposes of distributing their \nrespective estates. The Act was revised in 1993 and has \nbeen adopted in some form by almost every state. See \nCOMMORIENTES. [Cases: Death 6.] \nUniform Status of Children ofAssisted Conception \nAct. A 1988 model statute aimed at ensuring certainty \nof legal parentage when assisted conception has been \nused. The adopting state has the option ofregulating \nor prohibiting contracts with surrogate mothers. \nuniform statute. See STATUTE. \nUniform Trade Secrets Act. A 1979 model statute, \n. enacted by most states, defining trade secret differ\nently from the common law by being at once broader \n(because there is no continuous-use requirement) and \nnarrower (because information \"readily ascertainable \nby proper means\" cannot qualify) . The Act has three \nelements: (1) the information must qualify as a trade \nsecret; (2) it must be misappropriated, either through \nwrongful means or by breaching a duty of confiden\ntiality; and (3) the owner must have taken reasonable \nprecautions to keep the information secret. -Abbr. \nUTSA. -Also termed Uniform Trade Secrets Protec\ntion Act. [Cases: Antitrust and Trade Regulation \n411.] \nUniform Transfers to Minors Act. A 1983 model statute \nproviding for the transfer of property to a minor and \npermitting a custodian who acts in a fiduciary capacity \nto manage investments and apply the income from the \nproperty to the minor's support.  The Act has been \nadopted in most states. It was revised in 1986. Abbr. \nUTMA. Also termed Transfers to Minors Act. \nFormerly also termed Uniform Gifts to Minors Act; Gifts \nto ldinors Act. [Cases: Infants C:-::~28.J union \nunify, vb. To cause to become one; to form into a Single \nunit. \nunigeniture (yoo-nCl-jen-<1-chClr). Archaic. The fact of \nbeing an only child. \nunilateral (yoo-nCl-lat-<1r-ClI), adj. (1802) One-sided; \nrelating to only one of two or more persons or things \n<unilateral mistake>. \nunilateral act. See ACT (2). \nunilateral advance pricing agreement. See ADVANCE \nPRICING AGREEMENT. \nunilateral contract. See CONTRACT. \nunilateral mistake. See MISTAKE  \nunimproved land. See LAND. \nunincorporated association. See ASSOCIATION (3). \nunindicted coconspirator. See COCONSPIRATOR. \nunindicted conspirator. See unindicted coconspirator \nunder COCONSPIRATOR. \nuninstructed delegate. See DELEGATE. \nuninsured-motorist coverage. Insurance that pays for \nthe insured's injuries and losses negligently caused by \na driver who has no liability insurance. Cf. UNDER IN\nSORED-MOTORIST COVERAGE. [Cases: Insurance \n2772.] \nunintelligible vote. See VOTE (1). \nunintentional act. See ACT (2). \nunintentional murder. See MURDER. \nuninterrupted-adverse-use principle. See CONTINUOUS\nADVERSE-USE PRINCIPLE. \nunio (yoo-nee-oh). Eccles. law. A consolidation of two \nchurches into one. \nunion, n. An organization formed to negotiate with \nemployers, on behalf of workers collectively, about \njob-related issues such as salary, benefits, hours, and \nworking conditions . Unions generally represent \nskilled workers in trades and crafts. Also termed \nlabor union; labor organization; organization. See \nTRADE COUNCIL. [Cases: Labor and Employment \n998.] unionize, vb. unionist, n. \nclosed union. A union with restrictive membership \nrequirements, such as high dues and long apprentice\nship periods. Cf. closed shop under SHOP. \ncompany union. 1. A union whose membership is \nlimited to the employees of a Single company. 2. A \nunion under company domination. \ncraft union. A union composed of workers in the \nsame trade or craft, such as carpentry or plumbing, \nregardless ofthe industry in which they work. Also \ntermed horizontal union. \nfederal labor union. A"}
{"text": "ing, \nregardless ofthe industry in which they work. Also \ntermed horizontal union. \nfederal labor union. A local union directly chartered by \nthe AFL-CIO. See AMERICAN FEDERATION OF LABOR \nAND CONGRESS OF INDUSTRIAL ORGANIZATIONS. \nhorizontal union. See craft union. \n\nindependent union. A union that is not affiliated with \na national or international union. \nindustrial union. A union composed ofworkers in the \nsame industry, such as shipbuilding or automobile \nmanufacturing, regardless of their particular trade \nor craft. Also termed vertical union. \ninternational union. A parent union with affiliates in \ntwo or more countries. \nlocal union. A union that serves as the local bargaining \nunit for a national or international union. \nmulticraft union. A union composed ofworkers in dif\nferent industries. \nnational union. A parent union with locals in various \nparts ofthe United States. \nopen union. A union with minimal membership \nrequirements. Cf. open shop under SHOP. \ntrade union. A union composed of workers of the same \nor of several allied trades; a craft union. \nvertical union. See industrial union. \nunion certification. A determination by the National \nLabor Relations Board or a state agency that a particu\nlar union qualifies as the bargaining representative for a \nsegment of a company's workers - a bargaining unit \nbecause it has the support of a majority of the workers \nin the unit. -Also termed certification ofbargaining \nagent; certification oflabor union. \nunion contract. See COLLECTIVE-BARGAINING AGREE\nMENT. \nunion givebacks. See CONCESSION BARGAINING. \nUnion Jack. The common name of the national flag of \nthe United Kingdom, combining the national flags of \nEngland, Scotland, and Ireland . The Union Jack was \noriginally a small union flag flown from the jack-staff \nat the bow of a vessel. It is different from the Royal \nStandard, which bears the royal arms and is the Queen's \npersonal flag. \nunion-loss clause. See MORTGAGE-LOSS CLAUSE. \nunion mortgage clause. See standard mortgage clause \nunder MORTGAGE CLAUSE. \nunion rate. See RATE. \nunion-security clause. A provision in a union contract \nintended to protect the union against employers, \nnonunion employees, and competing unions. [Cases: \nLabor and Employment 1264.] \nunion shop. See SHOP. \nunion steward. See STEWARD (2). \nunique chattel. See CHATTEL. \nunissued stock. See STOCK. \nunit. The number of shares, often 100, in which a given \nstock is normally traded. \nunital (yoo-n;H;:JI), adj. (1860) Of or relating to legal \nrelations that exist between only two persons. Cf. \nMULTITAL. 'The relations of the cestui que trust with the trustee are \nin personam or 'unital,' and the same is true of a contract \nbeneficiary and the promisor ... :. William R. Anson, Prin\nciples of the Law ofContract 326 n.1 (Arthur L. Corbin ed., \n3d Am. ed. 1919). \nunitary business (yoo-n;:J-ter-ee). Tax. A business that \nhas subsidiaries in other states or countries and that \ncalculates its state income tax by determining what \nportion of a subsidiary's income is attributable to activ\nities within the state, and paying taxes on that percent\nage. [Cases: Taxation ~3477.] \nunitary state. See STATE. \nunitary tax. See TAX. \nunitas actus (yoo-nl-tas ak-t<ls). [Latin] Roman law. \nUnity of action, esp. in the execution ofa will, which \nmust not be interrupted by any intervening act. \nunitas juris (yoo-ni-tas joor-is). [Latin) Hist. Unity of \nright. \nunit cost. See COST (1). \nunit depreciation method. See DEPRECIATION \nMETHOD. \nunite, vb. 1. To combine or join to form a whole. 2. To \nact in concert or in a common cause. \nUnited Kingdom. A country in Europe comprising \nEngland, Scotland, Wales, and Northern Ireland, but \nnot the Isle ofMan or the Channel Islands. Abbr. \nUK \nUnited Nations. An international organization estab\nlished in 1945 to promote and ensure international \npeace and security, to promote friendly relations \nbetween nations, and to contribute in resolving inter\nnational problems related to economic, social, cultural, \nand humanitarian conditions. Abbr. U.N. [Cases: \nInternational Law Cr'\"J 1O.45.J \nUnited Nations Convention on the Rights ofthe Child. \nAn international instrument covering children's civil, \npolitical, economic, social, and cultural rights. _ The \nConvention was adopted by the United Nations General \nAssembly on November 20, 1989. Only a few nations, \nincluding the United States, have not ratified the con\nvention. -Abbr. UNCRC. [Cases: Treaties C=>8.] \nUnited Nations Educational, Scientific, and Cultural \nOrganization. The arm of the United Nations charged \nwith promoting the exchange ofeducational, scientific, \nand cultural enterprises among nations . Its Copy\nright Law Division administers the Universal Copy\nright Convention. -Abbr. UNESCO. \nUnited Nations Environment Programme. An organi\nzation created in 1972 to encourage education in and \nemployment ofenvironmentally sound practices in all \nnations. Abbr. UNEP. \nUnited Nations Treaty on Principles Governing the \nActivities of States in the Exploration and Use of \nOuter Space. See OUTER SPACE TREATY. \nUnited States. Abbr. U.S. See UNITED STATES OF \nAMERICA. \n\n1673 \nUnited States Agency for International Develop\nment. The independent federal agency that adminis\nters U.S. foreign-aid programs to give economic and \nhumanitarian assistance to developing nations . The \nagency became independent by the Foreign Affairs and \nRestructuring Act of1998, although its administrator is \nunder the direct authority and foreign-policy guidance \nofthe Secretary ofState. Abbr. AID; USAID. \nUnited States Air Force. The aviation branch of the \nUnited States armed forces, made up of the Regular \nAir Force (standing air force), the Air Force Reserve, \nand the Air National Guard. The United States Air \nForce is under the authority ofthe U.S. Department of \nthe Air Force. Abbr. USAF. [Cases: Armed Services \n~-:::=4.1 \nUnited States Air Force Academy. An institution of \nhigher learning in the United States Department of \nthe Air Force responsible for educating and training \ncommissioned officers for service in the United States \nAir Force. Founded in 1954, the academy is located \nnear Colorado Springs, Colorado. -Abbr. USAFA.\nOccasionally also termed (informally) the Colorado Air \nForce School. [Cases: Armed Services C=:=> 16.] \nUnited States Arbitration Act. See FEDERAL ARBITRA\nTION ACT. -Abbr. USAA. \nUnited States Army. Ihe land-combat and land-oper\nations branch of the United States armed forces. \nThis branch includes supporting air-and water-trans\nport services such as the Army Air Corps. The Army \nincludes the Regular Army (the standing force), the \nArmy Reserve, and the Army National Guard when \nin active federal service, as in time of war or other \nnational emergency. The United States Army is under \nthe authority of the U.S. Department of the Army. \nAlso termed landforces. -Abbr. USA. [Cases: Armed \nServices 4.] \nUnited States Attorney. A lawyer appointed by the Presi\ndent to represent, under the direction ofthe Attorney \nGeneral, the federal government in civil and criminal \ncases in a federal judicial district . One U.S. Attorney is \naSSigned to each ofthe federal judicial districts, except \nfor the Northern Mariana Islands and Guam. Abbr. \nUSA. Also termed United States District Attorney. \nCf. DISTRICT ATTORNEY. [Cases: District and Prosecut\ning Attorneys \nAssistant United States Attorney. A lawyer appointed \nby the Attorney General to act under the direction of \nthe United States Attorney and represent the federal \ngovernment in civil and criminal cases filed in federal \ncourts. -Abbr. AUSA. [Cases: District and Prosecut\ning Attorneys ('::::>6.] \nSpecial Assistant to the United States Attorney. An \nattorney appointed by the Attorney General for \na limited period to assist a United States Attorney \nin specific cases. 28 USCA  543. -Abbr. SAUSA. \n[Cases: District and Prosecuting Attorneys \nUnited States Bankruptcy Court. See BANKRUPTCY \nCOURT. United States Copyright Office \nUnited States Botanic Garden. An enclosed garden on \nthe U.S. Capitol grounds where plants are cultivated for \nceremonial use, public display, and research. Many \nrare botanical specimens are available for study by \nstudents and scientists at the Garden. \nUnited States Claims Court. See UNITED STATES COI::RT \nOF FEDERAL CLAIMS. \nUnited Stales Coast Guard. A military service and \narmed-forces branch that enforces the federal laws \napplicable to waters subject to U.S. jurisdiction, admin\nisters laws and promulgates regulations for the safety \nof lives and property on waters under U.S. jurisdic\ntion, carries out maritime rescue operations, performs \noceanographic research, and at times serves as a spe\ncialized branch of the Navy. The Coast Guard was \nestablished in 1915. 14 USCA  1. It has been part ofthe \nU.S. Department ofthe Treasury and the U.S. Depart\nment of Transportation. Today it is part of the U.S. \nDepartment ofHomeland Security during peacetime, \nand the U.S. Department ofDefense during wartime. -\nAbbr. USCG. [Cases: Armed Services C=:=>4.] \nUnited States Coast Guard Academy. An institution of \nhigher learning responsible for educating and training \ncommissioned officers for service in the United States \nCoast Guard. The academy began in 1876 as the \nSchool of Instruction of the Revenue Cutter Service \nnear New Bedford, Massachusetts. In 1915, the academy \nacquired its current name and, in 1932, moved to New \nLondon, Connecticut Abbr. USCGA. [Cases: Armed \nServices (;~-:> 16.] \nUnited States Code. A multivolume published codifica\ntion offederal statutory law. Abbr. U.S.c.; USc. \nUnited States Code Annotated. A multivolume publi\ncation ofthe complete text of the United States Code \nwith historical notes, cross-references, and casenotes \noffederal and state decisions construing specific Code \nsections. - Abbr. USCA. \nUnited States Commissioner. See COMMISSIONER. \nUnited States Commission on Civil Rights. The agency \nthat compiles information about discrimination based \non race, color, religion, sex, age, disability, or national \norigin, and about the denial ofequal protection ofthe \nlaws in voting, education, employment, and housing. \n The agency makes findings and recommendations to \nCongress but has no enforcement power. It was estab\nlished by the Civil Rights Act of 1957. -Abbr. CCR. \nUnited States Copyright Office. A branch ofthe Library \nofCongress that is responsible for implementing federal \ncopyright laws . In addition to processing applications \nfor copyrights, the U.S. Copyright Office stores depos\nited copyrighted materials and issues opinions (by \nrequest) on questions ofcopyright protection. Materials \ndeposited with this agency are not automatically added \nto the Library of Congress collection; a separate and \ndirect submission to the Library may be required. The \nOffice also administers various licensing provisions of \nthe statute, including collecting and distributing royal\n\nties. [Cases: Copyrights and Intellectual PropertyC-~ \n50.30.] \nUnited States court. See federal court under COURT. \nUnited States Court of Appeals. A federal appel\nlate court having jurisdiction to hear cases in one of \nthe 13 judicial circuits of the United States (the First \nCircuit through the Eleventh Circuit, plus the District \nof Columbia Circuit and the Federal Circuit). -Also \ntermed circuit court. [Cases: Federal Courts C=>521.] \nUnited States Court ofAppeals for the Armed Forces. \nThe primary civilian appellate tribunal responsible \nfor reviewing court-martial convictions from all the \nmilitary services. 10 USCA  941-950. Formerly \nalso termed Court ofMilitary Appeals. [Cases: Military \nJustice \nUnited States Court ofAppeals for the Federal Circuit. \nAn intermediate-level appellate court with jurisdic\ntion to hear appeals in patent cases, various actions \nagainst the United States to recover damages, cases \nfrom the US. Court of Federal Claims, the U.S. Court \nofInternational Trade, the U.S. Court of Appeals for \nVeterans Claims, the Merit Systems Protection Board, \nand some administrative agencies. _ 'The Court origi\nnated in the 1982 merger ofthe Court of Customs and \nPatent Appeals and the U.S. Court of Claims (although \nthe trial jurisdiction of the Court of Claims was given \nto a new U.S. Claims Court). Among the purposes ofits \ncreation were ending forum-shopping in patent suits, \nsettling differences in patent-law doctrines among the \ncircuits, and allowing a Single forum to develop the \nexpertise needed to rule on complex technological \nquestions that arise in patent suits. -Abbr. CAFC, \nFed. Cir. -Often shortened to Federal Circuit. [Cases: \nFederal Courts C:--:>521.] \nUnited States Court of Appeals for Veterans Claims. \nAn Article I federal appellate court that has exclusive \njurisdiction to review decisions of the Board ofVeterans \nAppeals. -The Court was created in 1988 as the United \nStates Court of Veterans Appeals; its name was changed \nin 1998. Its seven judges are appointed by the Presi\ndent and confirmed by the Senate; they serve IS-year \nterms. Appeals from its decisions are to the U.S. Court \nofAppeals for the Federal Circuit. 38 USCA  7251 \net seq. Also termed United States Court ofVeterans \nAppeals. [Cases: Armed Services C=> IS4.J \nUnited States Court of Federal Claims. A speCialized \nfederal court created under Article I of the Constitu\ntion in 1982 (with the name United States Claims Court) \nas the successor to the Court of Claims, and"}
{"text": "itu\ntion in 1982 (with the name United States Claims Court) \nas the successor to the Court of Claims, and renamed \nin 1992 as the United States Court of Federal Claims. \n-It has original, nationwide jurisdiction to render a \nmoney judgment on any claim against the United States \nfounded on the Constitution, a federal statute, a federal \nregulation, an express or implied-in-fact contract with \nthe United States, or any other claim for damages not \nsounding in tort. -Abbr. Cl. Ct.; (formerly) Ct. Cl. \nAlso termed Court ofClaims. [Cases: Federal Courts \nC=>1071.] United States Court of International Trade. A court \nwith jurisdiction over any civil action against the \nUnited States arising from federal laws governing \nimport transactions or the eligibility ofworkers, firms, \nand communities for adjustment assistance under \nthe Trade Act of 1974 (19'USCA  2101-2495). _ Its \nexclusive jurisdiction also includes actions to recover \ncustoms duties, to recover on a customs bond, and to \nimpose certain civil penalties for fraud or negligence. \nSee 28 USCA  1581-1584. -Abbr. USCIT; CIT.\nAlso termed International Trade Court; Court ofInter\nnational Trade; (formerly) U.S. Customs Court. \nUnited States Court ofVeterans Appeals. See UNITED \nSTATES COURT OF APPEALS FOR VETERANS CLAIMS. \nUnited States currency. See CURRENCY. \nUnited States Customs Court. A court that formerly \nheard cases involving customs and duties. -Abolished \nin 1980, its responsibilities have been taken over by the \nUnited States Court ofInternational Trade. See UNITED \nSTATES COURT OF INTERNATIONAL TRADE. \nUnited States Customs Service. An agency in the U.S. \nDepartment of Homeland Security responsible for col\nlecting import duties on goods, wares, and merchan\ndise, and for enforcing customs and related laws. -The \nCustoms Service was created in 1863. 12 Stat. 665. It \nwas transferred from the Department of the Treasury \nin 2003. -Also termed Bureau ofCustoms. [Cases: \nCustoms Duties C=>53-60.] \nUnited States District Attorney. See UNITED STATES \nATTORNEY. \nUnited States District Court. A federal trial court having \njurisdiction to hear civil and criminal cases within \nits judicial district. The United States is divided \ninto nearly 100 federal judicial districts. Each state \nhas at least one judicial district. Also, the District of \nColumbia, Puerto Rico, Guam, the Virgin Islands, and \nthe Northern Mariana Islands each have one district. \nAbbr. U.S.D.C. [Cases: Federal Courts C=>971, 973.] \nUnited States Fish and Wildlife Service. A unit in \nthe U.S. Department of the Interior responsible for \nmanaging more than 93 million acres ofland and water \nconsisting of more than 500 national wildlife refuges \nand thousands ofsmall wetlands. _ Italso administers \nor enforces laws relating to migratory birds, endan\ngered species, certain marine mammals, and sports \nfisheries. -Abbr. FWS; USFWS. [Cases: Environmen\ntal LawC=>525; Fish C=>11; GameC=>3.5.] \nUnited States Foreign Intelligence Surveillance Court. \nAn ll-judge court that hears requests from the Attorney \nGeneral for surveillance warrants under the Foreign \nIntelligence Surveillance Act. _ The court's proceed\nings and records are normally closed to the public. Its \nrulings may be reviewed by the Foreign Intelligence \nCourt of Review. -Abbr. FISC. [Cases: War and \nNational Emergency <:r'='32.] \nUnited States Foreign Intelligence Surveillance Court \nof Review. A panel comprising three federal judges \nappointed by the Chief Justice to review decisions of \n\n1675 \nthe United States Intelligence Surveillance Court. \nThe Court was established in 1978 by the Foreign Intel\nligence Surveillance Act. [Cases: War and National \nEmergency C=:)32.j \nUnited States Foreign Service. A division of the State \nDepartment responsible for maintaining diplomatic \nand consular offices and personnel in foreign coun\ntries. -Often shortened to Foreign Service. [Cases: \nAmbassadors and Consuls \nUnited States Geological Survey. A unit in the U.S. \nDepartment of the Interior responsible for prepar\ning and publishing maps, technical reports, and fact \nsheets, and for compiling information about energy \nand mineral resources and the use and quality of the \nnation's water resources. Abbr. USGS. \nUnited States Institute ofPeace. An independent federal \ninstitution created to develop and disseminate knowl\nedge about international peace and conflict resolution. \n The Institute was established in 1984. \nUnited States International Trade Commission. An \nindependent federal agency that compiles information \non international trade and tariffs; reports its findings \nand recommendations to the President, the U.S. Trade \nRepresentative, and Congressional Committees; \nand conducts investigations into international-trade \nrelief. -Abbr. USITC. [Cases: Customs Duties \n21.5,72.] \nUnited States Magistrate Judge. A federal judicial officer \nwho hears civil and criminal pretrial matters and who \nmay conduct civil trials or criminal misdemeanor \ntrials. 28 USCA  631-639. -Magistrate judges are \nappointed to renewable eight -year terms under Article I \nof the U. S. Constitution. -Also termed federal magis\ntrate; (before 1990) United States Magistrate;parajudge. \n[Cases: United States Magistrates C=11, 12.] \nUnited States Marine Corps. The military service within \n, the United States Navy whose forces are trained for \nland, sea, and air combat. -The United States Marine \nCorps is a separate service within the United States \nNavy under the authority of the U.S. Department of the \nNavy. -Abbr. USMC. [Cases: Armed Services (;::::::>4.] \nUnited States Marshal. See MARSHAL. \nUnited States Marshals Service. The unit in the U.S. \nDepartment of Justice responsible for protecting \nfederal courts and ensuring effective operation of the \njudicial system . U.S. marshals make arrests, serve \ncourt papers, and enforce court orders. -Abbr. USMS. \n[Cases: United States Marshals <\"-~28, 29.J \nUnited States Merchant Marine Academy. A military\naffiliated institution of higher learning responsible \nfor educating and training commissioned officers for \nservice on civilian merchant vessels or in the armed \nforces. The academy was founded in 1938, and since \n1943 has been located at King's Point, New York. \nAbbr. USMMA. [Cases: Armed Services \nUnited States Military Academy. An institution of \nhigher learning in the U.S. Department of the Army United States Postal Service \nresponsible for educating and training officers for \nservice in the U.S. Army. Founded in 1802, the \nacademy is located on the Hudson River in West Point, \nNew York. -Abbr. USMA. -Often termed West \nPoint. [Cases: Armed Services C--=' 16.] \nUnited States Mint. A unit in the U.S. Department ofthe \nTreasury responsible for producing coins to be used in \ntrade and commerce, numismatic coins, gold and silver \ncoins, and national medals. _ It also operates the gold\nstorage facility at Fort Knox, Kentucky. Jt was formerly \ntermed the Bureau of the Mint. [Cases: United States \nC='34.] \nUnited States Naval Academy. An institution ofhigher \nlearning in the United States Department of the Navy \nresponsible for educating and training commissioned \nofficers for service in the United States Navy and the \nUnited States Marine Corps . Founded in 1845, the \nacademy is located in Annapolis, Maryland. -Abbe. \nUSNA. -Often also termed (informally) Annapolis . \n[Cases: Armed Services (;::::::> 16.] \nUnited States Navy. The naval-operations branch ofthe \nUnited States armed forces, including naval aviation \nand the United States Marine Corps, and the United \nStates Coast Guard when operating as a service in the \nNavy. -1he United States Navy is under the author\nity of the U.S. Department of the Navy. -Abbr. USN. \n[Cases: Armed Services \nUnited States of America. A federal republic formed \nafter the War of Independence and made up of 48 \nconterminous states, plus the state of Alaska and the \nDistrict of Columbia in North America, plus the state \nof Hawaii in the Pacific. -Abbr. USA; U.S. [Cases: \nUnited States 1.] \nUnited States officer. See OFFICER (1). \nUnited States Patent and Trademark Office. The \nDepartment of Commerce agency that examines patent \nand trademark applications, issues patents, registers \ntrademarks, and furnishes patent and trademark \ninformation and services to the public. Abbr. PTO; \nUSPTO. Often shortened to Patent Office; Trade\nmark Office. \nUnited States person. A U.S. resident or national \n(except a national living outside the United States who \nis employed by someone other than a United States \nperson), a domestic American concern, and any foreign \nsubSidiary or affiliate of a domestic concern with opera\ntions controlled by the domestic concern . Under anti\nboycott regulatory controls, no United States person \nmay participate in a secondary boycott or discrimina\ntion against Jews and others by members of the League \nof Arab States. 50 USCA app.  2415(2). \nUnited States Postal Service. An independent establish\nment in the executive branch responsible for operat\ning post offices, safeguarding and delivering mail, and \nenforcing the laws affecting the integrity and security \nof the mail. -The Postal Reorganization Act of 1970 \nreplaced the cabinet-level Post Office Department \n\nwith the United States Postal Service. 39 USCA  101 et \nseq. Abbr. USPS. [Cases: Postal Service C~1-5.] \nUnited States Reports. The official printed record ofUS. \nSupreme Court cases. In a citation, it is abbreviated as \nU.S., as in 388 U.S. 14 (1967). [Cases: Reports \nUnited States Secret Service. A law-enforcement agency \nin the US. Department ofHomeland Security respon\nsible for providing security for the President, Vice Pres\nident, certain other government officials, and visiting \nforeign diplomats, and for protecting US. currency by \nenforcing the laws relating to counterfeiting, forgery, \nand credit-card fraud. The Service was transferred \nfrom the Department ofthe Treasury in 2003. Often \nshortened to Secret Service. [Cases: United States (,.~ \n34.] \nUnited States Sentencing Commission. An independent \ncommission in the judicial branch of the federal gov\nernment responsible for setting and regulating gUide\nlines for criminal sentencing in federal courts and for \nissuing policy statements about their application . The \nPresident appoints its members with the advice and \nconsent ofthe Senate. It was created under the Sentenc\ning Reform Act 1984. 28 USCA  991. \nUnited States Sentencing Guidelines. A detailed set \nof instructions for judges to determine appropriate \nsentences for federal crimes. -Abbr. USSG. Also \ntermedfederal sentencing guidelines. (Cases: Sentencing \nand Punishment C=65L] \nUnited States Supreme Court. See SUPREME COURT OF \nTHE UNITED STATES. \nUnited States Tax Court. See TAX COURT, U.S. \nUnited States Trade and Development Agency. An \nindependent federal agency in the executive branch \nresponsible for promoting trade between the United \nStates and developing countries to create jobs in the \nUnited States and to promote economic progress in \npoorer nations. It was established in 1961 as the \nTrade and Development Program and was renamed \nin 1992. -Abbr. TDA; USTDA. \nUnited States Trade Representative. The top U.S. trade \nnegotiator and adviser to the President on foreign\ntrade policy. The Cabinet-level office is responsible \nfor making annual reports on nations that do not act \ndiligently to stop piracy of copyrighted material. The \nTrade Representative holds the rank ofambassador. \nAbbr. USTR. See OFFICE OF THE UNITED STATES TRADE \nREPRESENTATIVE; SPECIAL 30l. \nUnited States trustee. A federal official who is appointed \nby the Attorney General to perform administrative \ntasks in the bankruptcy process, such as appointing \nbankruptcy trustees in Chapter 7 and Chapter 11 cases. \nSee TRUSTEE (2). [Cases: BankruptcyC:::o300l-3011.] \nunities doctrine of marriage. See LEGAL-UNITIES \nDOCTRINE. \nUniting and Strengthening America by Provid\ning Appropriate Tools Required to Intercept and \nObstrnct Terrorism. See USA PATRIOT ACT. unit-investment trust. See TRUST. \nunitization. Oil & gas. 1he collection ofproducing wells \nover a reservoir for joint operations such as enhanced\nrecovery techniques . Unitization is usu. carried out \nafter primary production has begun to fall off substan\ntially, in order to permit efficient secondary-recovery \noperations. It is also done to comply with well-spacing \nrequirements established by state law or regulation. \nPooling, by contrast, is usu. associated with drilling \na single well and operating that well by primary-pro\nduction techniques. Cf. POOLING.[Cases: Mines and \nMinerals C:::o92.78.] unitize (yoo-n;J-tIz), vb. \ncompulsory unitization. Unitization done by order ofa \nregulatory agency. Also termedforced unitization. \n[Cases: Mines and Minerals C:::o92.78.) \nforced unitization. See compulsory unitization. \nvoluntary unitization. Unitization arranged byagree\nment ofthe owners ofmineral interests. [Cases: Mines \nand Minerals C:::o78.1(7), 79.1(5).] \nunitization clause. Oil & gas. A provision in an oil-and\ngas lease granting the lessee the right to unitize the \nleased premises, generally for enhanced-recovery oper\nations.[Cases: Mines and Minerals C:::o78.1(7).] \nunit-ownership act. A state law governing condominium \nownership. [C"}
{"text": "o78.1(7).] \nunit-ownership act. A state law governing condominium \nownership. [Cases: Condominium <>~~'2.1 \nunit price. See PRICE. \nunit pricing. A system in which contract items are priced \nper unit rather than on the basis ofa flat contract price. \n[Cases: Contracts C:::o231(1); Sales C:::o77(l).j \nunit rule. 1. Securities. A method ofvaluing securities by \nmultiplying the total number ofshares held by the sale \nprice of one share sold on a licensed stock exchange, \nignoring all other facts about value. 2. Parliamentary \nlaw. A convention's rule that lets a delegation's majority \ncast the entire delegation's votes. Cf. instructed delegate \nunder DELEGATE. \nunitrust. See TRUST. \nunits-of-output depreciation method. See DEPRECIA\nTION METHOD. \nunits-of-production method. Tax. An account\ning method in which the depreciation provision is \ncomputed at a fixed rate per product unit, based on an \nestimate ofthe total number of units that the property \nwill produce during its service life. -This method is \nused in the oil-and-gas industry when the total number \nofunits ofproduction (Le., barrels in a reserve) can be \naccurately estimated. \nunity, n. (13c) 1. The fact or condition of being one in \nnumber; oneness. 2. Jointness in interest, possession, \ntime, or title. At common law, all four ofthese unities \nwere required for the creation of a joint tenancy. See \njoint tenancy under TENANCY. [Cases: Joint Tenancy \n<::=1, 3.] -unitary, adj. \nunity ofinterest. (18c) The requirement that an joint \ntenants' interests must be identical in nature, extent, \n\n1677 universitas juris \nand duration. -Also termed interest unity. [Cases: \nJoint Tenancy C:)1, 3.] \nunity ofpossession. (l8c) The requirement that each \njoint tenant must be entitled to possession of the \nwhole property. Also termed possession unity. \n[Cases: Joint Tenancy 1,3.J \nunity of time. (I8c) The requirement that all joint \ntenants' interests must vest at the same time. Also \ntermed time unity. [Cases: Joint Tenancy 3.J \nunity of title. (18c) The requirement that all joint \ntenants must acquire their interests under the same \ninstrument. -Also termed title unity. [Cases: Joint \nTenancy 3.J \nunity of art. Copyright. The inseparable nature of utili\ntarian and functional aspects of applied art.  France \nuses the unity-of-art approach to applied art and \nindustrial design, but stops short ofprotecting strictly \nutilitarian design under copyright. -Also termed \ncumulative approach. Cf. DUALITY OF ART. \nunity of seisin (see-zin). (1800) The merging of seisin in \none person, brought about when the person becomes \nseised of a tract ofland on which he or she already has \nan easement. [Cases: Easements (:::::>27.] \nuniversal agency. See general agency under AGENCY \n(1). \nuniversal agent. See AGENT. \nUniversal Copyright Convention. A 1952 treaty binding \nsignatories to give citizens of other member nations \nthe same copyright protection that their own citizens \nreceive. 25 U.S.T. 1341, T.LA.S. No. 7868. Admin\nistered by the United Nations Educational, Scientific, \nand Cultural Organization, the Convention does not \napply between nations that are also signatories of the \nBerne Convention.lhe United States signed the treaty \nin 1955. Abbr. L'CC. [Cases: Copyrights and Intel\nlectual Property (:::::> 34.] \nUniversal Declaration of Human Rights. An interna\ntional bill of rights proclaimed by the United Nations \nin December 1948, being that body's first general enu\nmeration ofhuman rights and fundamental freedoms . \n The preamble states that \"recognition of the inherent \ndignity and of the equal and inalienable rights of all \nmembers of the human family is the foundation of \nfreedom, justice and peace in the world.\" The Declara\ntion contains a lengthy list of rights and fundamen\ntal freedoms. For the full text of the Declaration, see \nAppendix C. [Cases: International Law 1O.45(1).J \n\"The Universal Declaration is the first comprehensive \nhuman rights instrument to be proclaimed by a universal \ninternational organization. Because of its moral status and \nthe legal and political importance it has acquired over the \nyears, the Declaration ranks with the Magna Carta, the \nFrench Declaration of the Rights of Man and the American \nDeclaration of Independence as a milestone in mankind's \nstruggle for freedom and human dignity. Its debt to all \nthese great historical documents is unmistakable.\" Thomas \nBuergenthal et aI., International Human Rights in a Nutshell \n35-36 (3d ed. 2002). \nuniversal defense. See real defense under DEFENSE (4). universal inheritance. See INHERITANCE. \nuniversal-inheritance rule. Wills & estates. A doctrine \nholding that an intestate estate escheats to the state \nonly if the decedent leaves no surviving relatives, no \nmatter how distant.  Through the first half ofthe 20th \ncentury, this rule was broadly followed in American \njurisdictions. The Uniform Probate Code abandons \nthe universal-inheritance rule and proVides that if no \nmember ofthe third or a nearer parentela survives the \ndecedent, the intestate estate escheats to the state. \nAlso termed rule ofuniversal inheritance. See PAREN\nTELA. Cf.laughing heir under HEIR; GRADUAL METHOD. \n[Cases: Escheat ~';:)3.] \nuniversalist movement. Copyright. A 19th-century \ncampaign in Europe to recognize a worldwide copy\nright law based on an author's moral rights. \n\"The universalist movement evolved both in and out \nof France, starting with an international Congress of \nAuthors and Artists in Brussels in 1858. attended by del\negates of literary societies and universities, as well as by \nauthors, artists, journalists, librarians, and lawyers. The \nmovement gained momentum at an 1878 international \nliterary congress in Paris presided over by Victor Hugo.\" \nPaul Goldstein, International Copyright: Principles, Law, \nand Practice 19 (2001). \n! universality. l. Equality of applicability. 2. Copyright. A \nnation's policy or practice of protecting artists' rights \nin their creations irrespective of the creator's nation\nality or where the work was created . Universality, \nthe most generous approach to international intellec\ntual-property rights, is generally favored in countries \nthat treat copyright as a moral right. Cf. RECIPROCITY; \nNATIONAL TREATMENT. [Cases: Copyrights and Intel\nlectual Property (:::::>, 34.] \nuniversal legacy. See LEGACY. \nuniversal legatee. See LEGATEE. \nuniversal life insurance. See LIFE INSURANCE. \nuniversal malice. See MALICE. \nuniversal partnership. See PARTNERSHIP. \nuniversal succession. See SUCCESSION (2). \nuniversal successor. See SUCCESSOR. \nuniversal synod. See general synod under SYNOD. \nuniversal title. See TITLE (2). \nuniversitas (yoo-ni-v;u-sd-tas), n. [Latin] Roman law. \nA union of persons or things considered as a whole; a \ncorporation. \nuniversitas facti (yoo-ni-v;U-S;Has fak-tI). [Law Latin] A \nplurality ofcorporeal things ofthe same kind regarded \nas a whole, such as a herd of cattle. \nuniversitas juris (yoo-ni-var-sd-tas joor-is). [Latin] \nRoman & civil law. The whole of a person's rights and \nliabilities; the totality of a person's legal relations. \n\"A universitas juris is a collection of rights and duties united \nby the single circumstance of their having belonged at one \ntime to some one person.\" Henry S. Maine, Ancient Law \n148 (17th ed. 1901). \n\n1678 universitas personarum \nuniversitas personarum (yoo-ni-v<lr-sa-tas par-s<>-nay\nr<>m). [LatinI Roman & civil law. A group ofpeople that \nare legally considered an entity, such as a college or \ncorporation. PI. universitates personarum. \nuniversitas rerum (yoo-ni-v<lr-s<>-tas reer-<>m). [Latin] \nRoman & civil law. A whole collection of things; a \nvariety ofindividual things that are together regarded \nby the law as a whole. See JUS RERUM. \n\"In the time ofJustinian the universitas rerum, or universitas \niuris (both expressions are used) is a somewhat abstract \nconception: it means the sum or whole of a man's legal \nposition so far as it concerns the ius rerum. The conception \nis important in law only on the occasions, of which death is \nby far the most important, on which the universitas passes \nfrom one to another. ... The expression universitas rerum \nis also used in another sense, to denote any collection of \nobjects considered as a whole.\" w.w. Buckland, A Manual \nof Roman Private Law 172 (2d ed. 1953). \nuniversus (yoo-ni-v<lr-sas). [Latin] The whole; all \ntogether. \nunjudicial, adj. (l6c) Not becoming ofor appropriate to \na judge. [Cases; Judges (;::J 11.] \nunjust, adj. (14c) Contrary to justice; not just. \nunjust enrichment. (1897) 1. The retention ofa benefit \nconferred by another, without offering compensation, \nin circumstances where compensation is reasonably \nexpected. [Cases: Implied and Constructive Contracts \nCr-;)3.] 2. A benefit obtained from another, not intended \nas a gift and not legally justifiable, for which the benefi\nciary must make restitution or recompense. 3. The area \nof law dealing with unjustifiable benefits of this kind. \nunlaw, n. 1. A violation oflaw; an illegality. 2. Lawless\nness. \n\"But lawlessness is often a superficial phenomenon and \nwhenever the duke was strong enough to keep the peace \nthen law revived. We hear the same of England: times of \n'unlaw' alternate with times of law.\" 1 Frederick Pollock & \nFrederic W. Maitland, The History ofEnglish Law Before the \nTime of Edward 168-69 (2d ed. 1898). \n3. Scots law. An illegal act. 4. Scots law. A fine; a \npenalty. \nunlawful, adj. (l4c) 1. Not authorized by law; illegal <in \nsome cities, jaywalking is unlawful>. 2. Criminally \npunishable <unlawful entry>. 3. Involving moral tur\npitude <the preacher spoke to the congregation about \nthe unlawful activities ofgambling and drinking>. \nunlawfully, adv. \nunlawful act. (I6c) Conduct that is not authorized by \nlaw; a violation ofa civil or criminal law. \nunlawful arrest. See ARREST. \nunlawful assembly. See ASSEMBLY. \nunlawful condition. See CONDITION (2). \nunlawful detainer. See DETAINER. \nunlawful-detainer proceeding. (1879) An action to \nreturn a wrongfully held tenancy (as one held by a \ntenant after the lease has expired) to its owner. See \nunlawful detainer under DETAINER. [Cases: Landlord \nand Tenant (;::;:287.1.J unlawful entry. See ENTRY (1). \nunlawful force. See FORCE. \nunlawful interest. See USURY. \nunlawful interference with contractual relations. See \nTORTIOUS INTERFERENCE WITH CONTRACTUAL RELA\nTIONS. \nunlawful picketing. See PICKETING. \nunlawful sexual conduct with a minor. See IMPAIRING \nTHE MORALS OF A MINOR. \nunlawful sexual intercourse. See RAPE. \n\"unless\" lease. See LEASE. \nunlimited, adj. Without restriction or limitation. \nunliquidated, adj. (ISc) Not previously specified or \ndetermined <unliquidated damages>. \nunliquidated claim. See CLAIM (3). \nunliquidated damages. See DAMAGES. \nunliquidated debt. See DEBT. \nunlisted security. See SECURITY. \nunlisted stock. See unlisted security under SECURITY. \nunlivery. Maritime law. The unloading of cargo at its \nintended destination. \nunmarketable title. See TITLE (2). \nunmarried, adj. Not married; single. \nunmerchantable title. See unmarketable title under \nTITLE (2). \nunnatural offense. See SODOMY. \nunnatural will. See WILL. \nunnavigable, adj. See INNAVIGABLE. \nunnecessary, adj. Not required under the circumstances; \nnot necessary. \nunnecessary hardship. See HARDSHIP (4). \nuno actu (yoo-noh ak-t[yJoo). [LatinJ In a single act; by \none and the same act. \nunoccupied, adj. 1. (Of a building) not occupied; vacant. \n2. (Of a person) not busy; esp., unemployed. \nunofficious payment. See PAYMENT. \nunofficious will. See inofficious testament under TES\nTAMENT. \nuno flatu (yoo-noh f1ay-t[y] 00). [Latinl In one breath. \nunpaid dividend. See DIVIDEND. \nunpatentable over art. Patents. (Of an invention) ineli\ngible for patent protection because of obviousness or \nthe lack ofnovelty. [Cases: Patents (;::J 16(2).) \nunperfected security interest. See SECURITY INTEREST. \nunprecedented (an-pres-;:l-den-tid), adj. Never before \nknown; without any earlier example. \nunpremeditation. The lack of premeditation; the absence \nof planning. \nunprofessional conduct. See CONDUCT. \nunpublished opinion. See OPINION (1). \n\n1679 \nunqualified indors"}
{"text": "CONDUCT. \nunpublished opinion. See OPINION (1). \n\n1679 \nunqualified indorsement. See INDORSEMENT. \nunqualified opinion. See OPINION (2). \nunqualified ownership. See OWNERSHIP. \nunques (an[gJ-kweez), adv. [Law French] Ever; always. \nunques prist (an[g]-kweez prist). [Law French] Always \nready.  This is another form of tout temps prist. See \nTOUT TEMPS PRIST ET ENCORE PRIST. \nunrealized loss. See paper loss under LOSS. \nunrealized profit. See paper profit under PROFIT (1). \nunrealized receivable. See RECEIVABLE. \nunreasonable, adj. (l4c) 1. Not guided by reason; irratio\nnal or capricious. 2. Not supported by a valid exception \nto the warrant requirement <unreasonable search and \nseizure>. [Cases: Searches and Seizures (;:>24.] \nunreasonable compensation. See COMPENSATION. \nunreasonable decision. See DECISION. \nunreasonable deviation. See DEVIATION. \nunreasonable refusal to submit to operation. Workers' \ncompensation. An injured employee's refusal to submit \nto a necessary surgical procedure . This refusal is \ngrounds for terminating the employee's workers'\ncompensation benefits. [Cases; Workers' Compensa\ntion (''::>947,2003.] \nunreasonable restraint of trade. See RESTRAINT OF \nTRADE. \nunreasonable restraint on alienation. See RESTRAINT \nON ALIENATION (1). \nunreasonable search. See SEARCH. \nunreasonably dangerous conduct. See CONDUCT. \nunrebuttable, adj. Not rebuttable <an unrebuttable pre\nsumption>. \nunrecorded, adj. (l6c) Not recorded; esp., not filed in the \npublic record <unrecorded deed>. \nunregistered security. See restricted security under \nSECURITY. \nunrelated-business income. See INCOME. \nunrelated-business-income tax. See TAX. \nunrelated-business taxable income. See unrelated-busi\nness income under INCOME. \nunrelated offense. See OFFENSE (1). \nunresponsive answer. See ANSWER (2). \nunrestricted indorsement. See unrestrictive indorsement \nunder INDORSEMENT. \nunrestrictive indorsement. See INDORSEMENT. \nunrestrictive interpretation. See INTERPRETATION. \nunreviewable, adj. (1877) Not subject to legal or judicial \nreview <the claim is unreviewable on appeal>. \nunsafe, adj. (Of a verdict or judgment) likely to be over\nturned on appeal because of a defect. \nunsatisfied-judgment fund. See FUND (1). unwritten will \nunseated, adj. (Of land) vacant and neither developed \nnor cultivated. \nunseaworthy, adj. (Of a vessel) unable to withstand the \nperils of an ordinary voyage. Cf. SEAWORTHY. [Cases: \nSeamen Shipping (;:>80.] \nunsecured bail bond. See BOND (2). \nunsecured bond. See DEBENTURE (3). \nunsecured claim. See CLAIM (5). \nunsecured creditor. See CREDITOR. \nunsecured debt. See DEBT. \nunsecured note. See NOTE (1). \nunskilled work. See WORK (1). \nunsolemn war. See WAR (1). \nunsolemn will. See WILL. \nunsolicited commercial e-mail. See SPAM. -Abbr. \nDeE. \nunsound, adj. (14c) 1. Not healthy; esp., not mentally \nwell <unsound mind>. [Cases: Mental Health 2. \nNot firmly made; impaired <unsound foundation>. 3. \nNot valid or well founded <unsound argument>. \nunspeakable crime. See SODOMY. \nunsworn, adj. (16c) Not sworn <an unsworn state\nment>. \n! unsworn declaration under penalty of perjury. See \nDECLARATION (8). \ni untenantable (;m-ten-dn-td-bdl), adj. (l7c) Not capable \nof being occupied or lived in; not fit for occupancy <the \ncity closed the untenantable housing project>. [Cases: \nLandlord and Tenant (;:> 125(1).] \n! unthrift. Archaic. A prodigal; a spendthrift. \nuntimely, adj. (l3c) Not timely <an untimely answer>; at \nan inappropriate time, either too soon or too late. \nuntrue, adj.!. (Of something said) not correct; inaccu\nrate. 2. (Of a person) not faithful or true (to a standard \nor belief). \nunum quid (yoo-ndm kwid). [Latin] Hist. One thing . \nThe phrase implied that several items (such as movables) \nwere, for whatever purpose, considered as one (e.g., a \nset of glasses). \nunus nullus rule (yoo-nds Dal-ds). [Latin \"one is nobody\" \n+ rule] Civil law. The evidentiary principle that the \ntestimony of only one witness is given no weight. Cf. \nHALF-PROOF (1). \nunusual charge. See special charge under CHARGE. \nunvalued policy. See INSURANCE POLICY. \nI unworthy, adj. Civil law. (Of an heir) not entitled to \ninherit from a person because of a failure in a duty to \nthat person. \ni unwritten constitution. See CONSTITUTION. \nunwritten evidence. See EVIDENCE. \nunwritten law. See LAW. \nI unwritten will. See nuncupative will under WILL. \n\nUPA 1680 \nUPA. abbr. UNIFORM PARTNERSHIP ACT. \nUPAA. abbr. UNIFORM PREMARITAL AGREEMENT ACT. \nup before. Informal. In the presence of (a particular court \nor judge) <for the bail hearing you'll come up before \nJudge Franklin>. \nUPC. abbr. UNIFORM PROBATE CODE. \nup-front performance bond. See PERFORMANCE \nBOND. \nUPIA. abbr. UNIFORM PRUDENT INVESTOR ACT. \nUPL. abbr. Unauthorized practice oflaw <the state bar's \nUPL committee>. See unauthorized practice oflaw \nunder PRACTICE OF LAW. [Cases: Attorney and Client \nUpper Bench. See bancus superior under BANCUS. \nupper chamber. See CHAMBER. \nupper court. See court above under COURT. \nupper estate. See dominant estate under ESTATE (4). \nupper management. See top management under MAN\nAGEMENT. \nUPREIT (ap-rrt). See umbrella-partnership real-estate \ninvestment trust under REAL-ESTATE INVESTMENT \nTRUST. \nupset bid. See BID (1). \nupset price. See PRICE. \nupside. Securities.!. An upward movement in stock \nprices. 2. The potential of an upward movement in \nstock prices. Cf. DOWNSIDE. \nupstream guaranty. See GUARANTY. \nupstreaming. A parent corporation's use of a subsid\niary's cash flow or assets for purposes unrelated to the \nsubSidiary. \nupstream merger. See MERGER. \nUPUFA. abbr. UNIFORM PUTATIVE AND UNKNOWN \nFATHERS ACT. \nupward departure. See DEPARTURE. \nu.r. abbr. UTI ROGAS. \nurban, adj. Ofor relating to a city or town; not rural. \nurban-fear syndrome. See URBAN-SURVIVAL SYN\nDROME. \nUrban Mass Transit Administration. A unit in the u.s. \nDepartment of Transportation responsible for making \ngrants to help states, regional and local governmen\ntal bodies, and public agencies to acquire or improve \ncapital equipment and facilities for urban mass-transit \nsystems; for proViding technical assistance and funds \nfor demonstration projects; for making educational \ngrants for urban mass-transit research and training; \nand for making training grants to mass-transit systems \nfor training. The agency also awards grants for transit \noperations in nonurban areas. -Abbr. UMTA. [Cases: \nUnited States C=:>82(2).] \nurban planning. See LAND-USE PLANNING. \nurban prefect, n. Roman law. See PRAEFECTUS URBI. urban-psychosis defense. See URBAN-SURVIVAL \nSYNDROME. \nurban renewal. (1954) The process ofredeveloping urban \nareas by demolishing or repairing existing structures \nor by building new facilities on areas that have been \ncleared in accordance with an overall plan. lCases: \nMunicipal Corporations C-::>267.] \nurban servitude. See SERVITUDE (2). \nurban-survival syndrome. A self-defense theory holding \nthat a defendant who uses unreasonable force may be \nacquitted ifthe defendant lives in a dangerous environ\nmentthat heightens the defendant's fears ofinjury to life \nor limb so much that the force used seemed reasonable \nand necessary to the defendant. -Also termed urban\nsurvival defense; urban-fear syndrome; urban-psychosis \ndefense; inner-city post-traumatic-stress defense. \nurbs (;lrbz), n. [Latin] Roman law. 1. A city or town. 2. \nlhe city ofRome. \nure (yoor). [fro Old French oeuvre) Custom; practice; \nexercise. \nURESA (y;l-ree-s,,). abbr. UNIFORM RECIPROCAL \nENFORCEMENT OF SUPPORT ACT. \nurgent deficiency bill. See deficiency bill under BILL \n(3). \nUrheberrecht (oo-re-bair-rekt), n. [German] AUTHOR'S \nRIGHT. \nUruguay Round. The 1994 negotiations of the General \nAgreement on Tariffs and Trade. The negotiations \nresulted in the TRIPs agreement that established the \nWorld Trade Organization and made member nations' \npatent laws more uniform. See TRIPS. [Cases: Customs \nDuties 10.] \nusage. (l3c) 1. A well-known, customary, and uniform \npractice, usu. in a specific profession or business. See \nCUSTOM Cf. CONVENTION (6). [Cases: Customs and \nUsages \n\"A 'usage' is merely a customary or habitual practice; a \n'convention' is a practice that is established by general \ntacit consent. 'Usage' denotes something that people are \naccustomed to do; 'convention' indicates that they are \naccustomed to do it because of a general agreement that \nit is the proper thing to do.\" Herbert W. Horwill. The Usages \nof the American Constitution 22 (1925). \n\"Although rules of law are often founded on usage, usage \nis not in itself a legal rule but merely habit or practice in \nfact. A particular usage may be more or less widespread. \nIt may prevail throughout an area, and the area may be \nsmall or large - a city, a state or a larger region. A usage \nmay prevail among all people in the area, or only in a \n\n1681 \nspecial trade or other group. Usages change over time, \nand persons in close association often develop temporary \nusages peculiar to themselves.\" Restatement (Second) of \nContracts  219 cmt. a (1979). \ncustom and usage. See CUSTOM AND USAGE. \ngeneral usage. (16c) A usage that prevails throughout \na country or particular trade or profession; a usage \nthat is not restricted to a local area. [Cases: Customs \nand Usages \nimmemorial usage. (17c) A usage that has existed for a \nvery long time; longstanding custom. See TIME IMME-\nMoRIAL. [Cases: Customs and Usages 1.] \nlocal usage. (I8c) A practice or method regularly \nobserved in a particular place, sometimes considered \nby a court in interpreting a document. UCC  1-205(2) \n(3). See CUSTOM AND USAGE. [Cases: Customs and \nUsages \ntrade usage. (1864) A practice or method of dealing \nhaving such regular observance in a region, vocation, \nor trade that it justifies an expectation that it will be \nobserved in a given transaction; a customary practice \nor set of practices relied on by persons conversant \nin, or connected with, a trade or business. -While a \ncourse of performance or a course ofdealing can be \nestablished by the parties' testimony, a trade usage \nis usu. established by expert testimony. -Also \ntermed usage oftrade; course oftrade. Cf COURSE OF \nDEALI:-IG; COURSE OF PERFORMANCE. [Cases: Customs \nand Usages \n'The existence and scope of a usage of trade are to be \ndetermined as questions of fact. If a usage is embodied in \na written trade code or similar writing the interpretation of \nthe writing is to be determined by the court as a question \nof law. Unless otherwise agreed, a usage of trade in the \nvocation or trade in which the parties are engaged or a \nusage of trade of which they know or have reason to know \ngives meaning to or supplements or qualifies their agree\nment.\" Restatement (Second) of Contracts  222 (l979). \n\nusance (yoo-z;mts). The time allowed for the payment \nof a foreign bill of exchange, sometimes set by custom \nbut now usu. by law. \nusance credit. See time letter ofcredit under LETTER OP \nCREDIT.\n\nuse (yoos), n, (bef. 12c) 1. The application or employ\nment of something; esp., a long-continued possession \nand employment of a thing for the purpose for which \nit is adapted, as distinguished from a possession and \nemployment that is merely temporary or occasional \n<the neighbors complained to the city about the owner's \nuse of the building as a dance club>. \naccessory use. Zoning. A use that is dependent on or \npertains to a main use. [Cases: Zoning and Planning \n~301-308.] \nadverse use. A use without license or permission. Cf. \nADVERSE POSSESSION. \nbeneficial use. Property. The right to use property and \nall that makes that property desirable or habitable, \nsuch as light, air, and access, even if someone else \nowns the legal title to the property. \ncollateral use. Intellectual property, The legal use of \na trademark by someone other than the trademark \nowner, whereby"}
{"text": "al use. Intellectual property, The legal use of \na trademark by someone other than the trademark \nowner, whereby the other party must clearly identify \nitself, the use of the trademark, and the absence of \naffiliation with the trademark owner. \ncommercial use. A use that is connected with or \nfurthers an ongoing profit-making activity. Cf. non\ncommercial use. \nconditional use. Zoning. A use of property subject to \nspecial controls and conditions. _ A conditional use \nis one that is suitable to a zoning district, but not nec\nessarily to every location within that district. -Also \ntermed special exception, See SPECIAL EXCEPTION (2). \n[Cases: Zoning and Planning C--=>382.J \nconforming use. Zoning. The use of a structure or of the \nland in conformity with the uses permitted under the \nzoning classifications ofa particular area, such as the \n\nuse 1682 \nbuilding of a single-family dwelling in a residential \nzone. [Cases: Zoning and Planning <8=271.] \ndouble use. Patents. An application of a known prin\nciple or process to a new use without leading to a new \nresult or product. [Cases: Patents \nexclusive use. 1. Trademarks. 1he right to use a specific \nmark without exception, and to prevent another from \nusing a confusingly similar mark. [Cases: Trademarks \nC::;) 1182.] 2. Property. The right ofan adverse user to \na property, exercised independently of any similar \nrights held by others; one of the elements of a pre\nscriptive easement. See eSER. [Cases: Adverse Pos\nsession <r'-='36, 37; Easements <8=8(4).] \nexperimental use. Patents. I. The use or sale of an \ninvention by the inventor for experimental purposes. \n2. A defense to liability for patent infringement when \nthe infringement took place only to satisfy curiosity \nor to complete an experiment, rather than for profit. \n[Cases: Patents <8=260.] \nhighest and best use. Real estate. In valuing property, \nthe use that will generate the most profit. -This \nstandard is used esp. to determine the fair market \nvalue of property subject to eminent domain. -Often \nshortened to best use. -Also termed most suitable \nuse. [Cases: Eminent Domain Taxation \n2515.] \nincidental use. Zoning. Land use that is dependent \non or affiliated with the land's primary use. [Cases: \nZoning and Planning <8= 301-308.] \nmost suitable use. See highest and best use. \nnoncommercial use. A use for private pleasure or \nbusiness purposes that non involving the generation \nof income or bestowing a reward or other compensa\ntion. Cf. commercial use. \nnonconforming use. Zoning. Land use that is imper\nmissible under current zoning restrictions but that \nis allowed because the use existed lawfully before the \nrestrictions took effect. [Cases: Zoning and Planning \nC::)321-338.] \npious use. The designation and actual use of property \nfor recognized religious or charitable purposes. Cf. \nsuperstitious use. \npopular use. A person's imperfect right to enjoy public \nland. - A popular use is not legally enforceable. It is \ndependent on the government's will to allow access \nto the land. \npublic use. 1. Property. The public's beneficial right to \nuse property or facilities subject to condemnation. \nSee CONDEMNATION (2). [Cases: Eminent Domain \n<8= 12-42.] 2. Patents. Any use of or offer to use a \ncompleted or operative invention in a nonsecret, \nnatural, and intended manner. - A patent is invalid \nifthe invention was in public use more than one year \nbefore the patent's application date. [Cases: Patents \n<8=75.] \n'The term 'public use' is misleading, for any use from \nwhich the public is not excluded, even though none comes, is held to be public. Similarly, an actual public use of a \nmachine, even though the invention feature be effectively \nconcealed from inspection, is held to be public. It makes \nno difference whether the patent or other publication is \nthat of the inventor or someone else.\" Roger Sherman Hoar, \nPatent Tactics and the Law48 (3d ed. 1950) (citing Gillman \nv. Stem, 114 F.2d 28, 31 (2d Or. 1940)). \nreasonable use. Use of one's property for an appro\npriate purpose that does not unreasonably interfere \nwith another's use of property. See REASONABLE-USE \nTHEORY. \nregular use. Insurance. A use that is usual, normal, \nor customary, as opposed to an occasional, special, \nor incidental use. _ This term often appears in \nautomobile-insurance policies in the definition of \na nonowned automobile -that is, an automobile \nnot owned by or furnished for the regular use of the \ninsured. Nonowned automobiles are excluded from \ncoverage under most liability policies. [Cases: Insur\nance <8= 2657.] \nsuperstitious use. A designation or use ofproperty for \nreligious purposes not legally recognized or tolerated \n(such as gifts either favoring an unrecognized religion \nor supporting the saying of prayers for the dead). Cf. \npious use. \n2. A habitual or common practice <drug use>. 3. A \npurpose or end served <the tool had several uses>. 4. \nA benefit or profit; esp., the right to take profits from \nland owned and possessed by another; the equitable \nownership ofland to which another person holds the \nlegal title <cestui que use>. See CESTUI QUE eSE. use \n(yooz), vb. \ncontingent use. (17c) A use that would be a contingent \nremainder ifit had not been limited by way of use . \nAn example is a transfer \"to A, to the use ofB for life, \nwith the remainder to the use of C's heirs.\" -Also \ntermedfuture use. \nentire use. A use of property solely for the benefit of \na married woman. When used in the habendum \nof a trust deed for the benefit of a married woman, \nthis phrase operates to keep her husband from taking \nanything under the deed. -Also termed entire \nbenefit; sale use; sole and separate use. \nexecuted use. Hist. A use resulting from combining \nthe equitable title and legal title of an estate, done to \ncomply with the Statute of Uses' mandate that the \nholder ofan estate be vested with legal title to ensure \nthe holder's liability for feudal dues. See STATUTE OF \nUSES. \nexecutory use. See springing use. \nfuture use. See contingent use. \nofficial use. Hist. A use imposing a duty on a person \nholding legal title to an estate on behalf of another, \nsuch as a requirement that a feoffee to uses sell the \nestate and apportion the proceeds among several \nbeneficiaries. -The Statute of Uses eliminated this \ntype of use. \n\n1683 USIP \npermissive use. Hist. A passive use resorted to before \npassage of the Statute of Uses in 1535 to avoid an \noppressive teudallaw (such as mortmain) by naming \none person as the legal owner of property while \nallowing another to possess the property and enjoy \nthe benefits arising from it. \npresent use. Hist. A use that has an immediate exis\ntence and is subject to the Statute ofUses. \nresulting use. (18c) A use created by implication and \nremaining with the grantor when the conveyance \nlacks consideration. \nsecondary use. See shifting use. \nshifting use. (18c) A use arising from the occurrence of \na certain event that terminates the preceding use. -In \nthe following example, C has a shifting use that arises \nwhen D makes the specified payment: \"to A for the \nuse ofB, but then to C when D pays $1,000 to E.\" This \nis a type of conditional limitation. -Also termed sec\nondary use. See conditional limitation under LIMITA\nTION. [Cases: Trusts (,-: 131; Wills <;:::~:::'625.J \nsole and separate use. See entire use. \nspringing use. (17c) A use arising on the occurrence \nofa future event. _ In the following example, B has a \nspringing use that vests when B marries: \"to A for the \nuse ofB when B marries.\" Also termed executory \nuse. [Cases: Trusts Wills <:=625.] \nuse-based license. See LICENSE. \nuse/derivative-use immunity. See use immunity under \nIMMUNITY (3). \nusee. See USE PLAINTIFF. \nuseful, adj. Patents. (Ofan invention) having a practical \napplication. [Cases: Patents (;:::46.] \n\"[M]ere curiosities of invention, which do not have any \nintelligent purpose, are not useful in a patentable sense.\" \nRoger Sherman Hoar, Patent Tactics and the Law 37 (3d \ned. 1950). \n\"When applied to a machine, 'useful' means that the \nmachine will accomplish its purpose practically when \napplied in industry. The word is given a practical and \nnot a speculative meaning.\" 60 Am. Jur. 2d Patents  131 \n(1987). \nuseful-article doctrine. See APPLIED-ART DOCTRINE. \nuseful life. (1923) 1be estimated length of time that \ndepreciable property will generate income. _ Useful \nlife is used to calculate depreciation and amortization \ndeductions. -Also termed depreciable life. See DEPRE\nCIATION METHOD. \nuse immunity. See IMMU},/ITY (3). \nuse in commerce. Trademarks. Actual use of a trade\nmark in the advertising, marketing, promotion, sale, or \ndistribution ofgoods or services. -Use ofa trademark \nin commerce is a prerequisite to trademark registra\ntion. Regular use demonstrates that the trademark has \nbecome associated with currently available goods or \nservices, as contrasted with a token use intended to \nreserve some right to use the trademark in the future. displayed on or with goods offered for sale, or placed \non documents related to the goods. For services, a mark \nis used in commerce if it appears in advertising or on \ndocuments related to the services. In addition, the \ngoods must be used or the services rendered in more \nthan one state, because use ofa trademark in interstate \ncommerce is a prerequisite to federal trademark regis\ntration. [Cases: Trademarks 1136, 1142.] \nuseless-gesture exception. (1970) Criminal proce\ndure. An exception to the knock-and-announce rule \nwhereby police are excused from having to announce \ntheir purpose before entering the premises to execute \na warrant when it is evident from the circumstances \nthat people inside the premises are of aware of the \npolice officers' authority and purpose. See KNOCK\nAND-ANNOUNCE RULE. [Cases: Searches and Seizures \n143.1.] \nuse plaintiff. Common-law pleading. A plaintiff for \nwhom an action is brought in another's name. -For \nexample, when the use plaintiff is an assignee CA\") of \na chose in action and sues in the assignor's name (\"B\"), \nthe assignor's name appears first on the petition's title: \n\"B for the Use of A against C.\" -Also termed usee. \n[Cases: Federal Civil Procedure 131; Parties \n4.] \nuser (yooz-<lr). (15c) 1. The exercise or employment \nof a right or property <the neighbor argued that an \neasement arose by his continuous user over the last 15 \nyears>. Cf. NONUSER. \nuser de action (yoo-zar dak-shan). [Law French] The \npursuing or bringing ofan action. \n2. Someone who uses a thing <the stapler's last user did \nnot put it away>. \nend user. (1963) The ultimate consumer for whom a \nproduct is designed. \nuser agreement. See POINT-AND-CLICK AGREEMENT. \nuser confusion. See CONSUMER CONFUSION. \nuser fee. (1967) A charge assessed for the use of a par\nticular item or facility. \nUses, Statute of. See STATUTE OF USES. \nuse tax. See TAX. \nuse value. See VALUE (2). \nuse variance. See VARIANCE (2). \nuse zoning. See Euclidean zoning under ZONING. \n\nusual, adj. (14c) 1. Ordinary; customary. 2. Expected \nbased on previous experience, or on a pattern or course \nofconduct to date. \nusuary (yoo-zhoo-er-ee), n. Civil law. A person who has \nthe use (usus) ofa thing to satisfy personal and family \nneeds; a beneficiary. -Also termed (in Roman law) \nusuarius. \nusucapio (yoo-za-kay-pee-oh), n. Roman & civil law. The \nacquisition of ownership by long, continuous posses\nsion begun in good faith; esp., the acquisition ofowner\nship by prescription. -In classical law, the minimum \nperiods required were one year for movables and two \nfor land. Under Justinian law, the minimum periods \nwere three years for movables and ten years for land. \nSee PRESCRIPTION (5). -Also termed usus (yoo-zoos); \nusucaption (yoo-za-kap-shdn); usucapion (yoo-za-kay\npee-on or -an). [Cases: Adverse Possession \nusucapt, vb.; usucaption, n. \n\"There is no principle in all law which the moderns, in spite \nof its benefiCial character, have been so loath to adopt \nand to carry to its legitimate consequences as that which \nwas known to the Romans as Usucapion. and which has \ndescended to modern jurisprudence under the name of \nPrescription.\" Henry S. Maine, Ancient Law 236 (17th ed. \n1901). usnfruct (yoo-zd-frakt), n. [fro Latin usufructus] Roman \n& civil law. A right for a certain period to use and enjoy \nthe fruits ofanother's property without damaging or \ndiminishing it, but allowing for any natural deteriora\ntion in the property over time. In Roman law, the \nusufruct was considered a personal servitude, result\ning in a real right. In modern civil law, the owner of \nthe usufruct is similar to a life tenant, and the owner \nofthe property burdened is known as the naked owner. \nLa. Civ."}
{"text": "a life tenant, and the owner \nofthe property burdened is known as the naked owner. \nLa. Civ. Code art. 535. Also termed perfect usufruct; \nusufructus; (in Scots law) liferent. Cf. HABITATION (J). \n[Cases: Estates in Property (;=1.] \n\"Usufructus is .. the right of using and enjoying property \nbelonging to another provided the substance of the \nproperty remained unimpaired. More exactly, a usufruct \nwas the right granted to a man personally to use and enjoy, \nusually for his life ... the property of another which, when \nthe usufruct ended, was to revert intact to the dominus \nor his heir. It might be for a term of years, but even here \nit was ended by death, and in the case of a corporation \n(which never dies) Justinian fixed the period at 100 years. \nA usufruct might be in land or bUildings, a slave or beast \nof burden, and in fact in anything except things which \nwere destroyed by use ... , the reason, of course, being \nthat it was impossible to restore such things at the end of \nthe usufruct intact ....\" R.W. Leage, Roman Private Law \n181-82 (C.H. Ziegler ed., 2d ed. 1930). \nlegal usufruct. A usufruct established by operation of \nlaw, such as the right ofa surviving spouse to property \nowned by the deceased spouse. La. Civ. Code art. \n890. [Cases: Executors and Administrators (;=176; \nHusband and Wife (;=273(2); Wills (;= 11.] \nquasi-usufruct. l. A right to use property that cannot \nbe used without being expended or consumed, such \nas money or food. Unlike an ordinary usufruct, a \nquasi-usufruct actually involves alteration and dimi\nnution ofthe property used. -Also termed imperfect \nusufruct. 2. Louisiana law. A usufruct over consum\nable things, such as money or harvested crops, the \nvalue ofwhich must be delivered to the naked owner \nat the end ofthe usufruct's term. La. Civ. Code art. \n538. The usufructuary has the right to consume \nor alienate the consumables and, at the end ofthe \nusufruct, to deliver to the naked owner either the \nvalue that the things had when the usufruct began \nor things of the same quantity and quality. [Cases: \nExecutors and Administrators (;=>176.J \n\"The Roman jurists, therefore, would not acknowledge a \nusufruct of money; though, in their desire to carry out \nthe wishes of testators, they came at length to recognize \na quasiusufruct. For testators, being seldom learned in \nthe law, would often set forth as legacies in their wills the \nusufruct of a designated sum .... In such a case the person \nnamed as legatee was allowed to receive the amount .. \non giving security that when he died the same amount \nshould be paid out of his own estate to the heres, the heir \nof the testator. The relation here, though bearing some \nresemblance to the usufruct, was really quite different; the \nperson who received the money became absolute owner of \nit; the heir had no ownership, nothing but the assurance \nof receiving an equal amount at some future time:James \nHadley, Introduction to Roman Law 193 (1881). \nusufructuary (yoo-zd-frak-choo-er-ee), adj. Roman & \ncivil law. Ofor relating to a usufruct; of the nature of \na usufruct. \n\n1685 \nusufructuary, n. Roman & civil law. One having the right \nto a usufruct; specif., a person who has the right to the \nbenefits of another's property; a life-renter. [Cases: \nEstates in Property (;:::::> 1.] \nusufructus. See USUFRUCT. \nusura (yoo-s[y]oor-a oryoo-z[y]oor-a). [Latin] Civil law. \n1. 1be amount paid for the use of money; interest. 2. \nUSURY. Pl. usurae (yoo-s[yJoor-ee). \nusurae centesimae (yoo-s[yJoor-ee [oryoo-z[y]oor-eel \nsen-tes-a-mee). [Latin] Interest at the rate of 12% per \nyear (1% per month), usu. the highest rate allowed by \nlaw. -The Romans calculated interest rates by dividing \nthe principal sum into one hundred parts, with one \npart being payable monthly as interest. \nusura manifesta (yoo-s[y]oor-a [oryoo-z[y]oor-a] man\na-fes-ta). [Latin] Manifest or open usury. Cf. USURA \nVELATA. \nusura maritima (yoo-s[y]oor-a [or yoo-z[y)oor-a] \nma-rit-a-ma). [Latin] Interest taken on a bottomry or \nrespondentia bond, proportioned to the risk and so not \nrestricted by any usury laws. \nusurarius (yoo-s(y]a-rair-ee-as or yoo-z[y]<l-). [Law \nLatin) Hist. A usurer. \nusura velata (yoo-s[y]oor-a [oryoo-z[y]oor-a] va-Iay-ta). \n[Latin] Veiled or concealed usury. _ A creditor was \nguilty of usura velata when the creditor added unlaw\nfully high interest to the principal sum as ifthe interest \namount were part ofthe original loan. Cf. UBI ABERAT \nANIMUS FOENERANDII; USURA MANIFESTA. \nusurious (yoo-z[y]oor-ee-as or yoo-zhuu-ree-as), adj. \n(17c) 1. Practicing usury <a usurious lender>. 2. Char\nacterized by usury <a usurious contract>. [Cases: Usury \n10-42.] \nusurpatio (yoo-sClr-pay-shee-oh), n. [Latin] Roman law. \nThe interruption of usucaption by reason of loss of \nphysical possession or a lawsuit by the true legal owner. \nPI. usurpationes (yoo-sClr-pay-shee-oh-neez). \nusurpation (yoo-sar-pay-shan or yoo-zar-pay-sh<ln), n. \n(14c) The unlawful seizure and assumption ofanother's \nposition, office, or authority. [Cases: Officers and Public \nEmployees (;:::::>86.] usurp (yoo-s3rp or yoo-zarp), \nvb. \nusurpation ofadvowson (ad-vow-zan). Hist. An injury \nconsisting in the absolute ouster or dispossession of \nthe patron from the advowson. -This happens when \na stranger, without the right to do so, presents a clerk \nwho is installed in office. See ADVOWSON. \nusury (yoo-zh<l-ree), n. (14c) 1. Historically, the lending \nof money with interest. 2. Today, the charging of an \nillegal rate ofinterest as a condition to lending money. \n3. An illegally high rate of interest. Also termed \nillegal interest; unlawful interest. (Cases: Banks and \nBanking (;=:c 181; Building and Loan Associations \n33; Usury -usurer (yoo-zh<lr-<lr), n. \nusury law. A law prohibiting moneylenders from \ncharging illegally high interest rates. (Cases: Usury \n(;:::::> 1.] utilis \nusus (yoo-sas or yoo-zas), n. [Latin \"use\"] Roman law. \n1. The right to use another's property, without the \nright to receive or retain the benefits or fruits (fructus) \nproduced by the property, -Usus was a personal servi\ntude; it gave the holder a right in rem. Cf. USUFRUCT. \n\"It is essentially a fraction of a usufruct, usus Without the \nfructus. In strictness, there was no right to any fruits but \nthis was somewhat relaxed in practice. The usuary of a \nhouse might consume the fruits of the gardens in his \nhousehold, but he might not sell them, as a usufructuary \nmight.\" W.W. Buckland, A Manual of Roman Private Law \n165 (2d ed. 1953). \n2. 'The factual possession required for usucapio. 3. Lapse \noftime by which a wife was brought into the husband's \nfamily and under his marital power. See MANUS (1). Cf. \nCOEMPTIO; CONFARREATIO. \n\"Usus is the acquisition of [power over] a Wife by possession \nand bears the same relation to coemptio as usucapion to \na mancipation. A Roman citizen who bought some object \nof property and got possession of it, but not ownership, \nbecause he neglected to go through the mancipation pre\nscribed by jus civile, might nevertheless become owner \nby u5ucapion, i.e. lapse of time; thus if the object was a \nmovable, continuous posseSSion for one year made him \ndominus. In like manner, if a man lived with a woman whom \nhe treated as his Wife, but whom he had not married by \ncoemptio (or confarreatio), and the cohabitation lasted \nwithout interruption for a year, then at the end of that \nperiod the man acquired [power over] the woman as his \nwife, she passed to him in manum . ...\" RW. Leage, Roman \nPrivate Law 100 (C.H. Ziegler ed., 2d ed. 1930). \nusus bellici (YOO-S<lS [or -Z<lS] bel-;)-sI). [Latin] Int'llaw. \nWarlike objects or uses. -This phrase refers to items \nthat, while not inherently ofa military nature, are con\nsidered contraband because they are used by a belliger\nent to support its war effort. \nUsus Feudorum (yoo-S<lS [or -zas] fyoo-dor-am). See \nFEUDORUM LIBRI. \nut currere solebat (<It kar-ar-ee sa-lee-bat). [Latin] As \nit was wont to run. _ This referred to the course of a \nstream. \nut de feodo (at dee fee-a-doh or fyoo-doh). [Law Latin] \nAs offee. \nuterine (yoo-t<lr-in), adj. Born of the same mother but \nhaVing different biological fathers. \nuterine brother. See BROTHER. \nuterine sister. See SISTER. \nuterque (yoo-t3r-kwee). [Latin] Each of two; both (con\nsidered separately). \nuterque nostrum (yoo-tram-kwee nos-tram). See \nUTRUMQUE NOSTRUM. \nutfangthief (at-fang-theef). See OUTFANGTHIEF. \nut hospites (<It hos-pa-teez). [Latin] As guests. \nuti (yoo-tI), vb. [Latin] Civil law. To use. \nutifrui (yoo-tI froO-I). [Latin] Civil law. To have the full \nuse and enjoyment ofa thing, without damage to its \nsubstance. \nutitis (yoo-ta-lis), adj. [Latin] Civil law. Useful; benefi\ncial; equitable. -This word appeared in phrases such as \n\n1686 utilitarian-deterrence theory \nactio uti/is (ak-shee-oh yoo-t<l-lis), meaning \"equitable \naction.\" \nutilitarian-deterrence theory. (1983) The legal theory \nthat a person should be punished only if the punish\nment benefits society that is, only if the punish\nment would help to deter future harmful conduct. See \nhedonistic utilitarianism under UTILITARIANISM. Cf. \nRETRIBUTIVlSM. \nutilitarianism. (1827) The philosophical and economic \ndoctrine that the best social policy is that which does \nthe most good for the greatest number ofpeople; esp., an \nethical theory that judges the rightness or wrongness of \nactions according to the pleasure they create or the pain \nthey inflict and recommends whatever action creates \nthe greatest good for the greatest number of people. \nThis is a type of consequentialism. For example, utili\ntarianism analyzes intellectual-property rights from \nthe point ofview ofsociety rather than the individual \ninventor, author, or artist, and justifies the rights as \nan incentive for social and technological progress. See \nCONSEQUENTIALISM. Cf. LOCKEAN LABOR THEORY; \nPERSONALITY THEORY. utilitarian, adj. & n. \nhedonistic utilitarianism. (1943) The theory that the \nvalidity ofa law should be measured by determining \nthe extent to which it promotes the greatest happi\nness to the greatest number ofcitizens. This theory \nis found most prominently in the work of Jeremy \nBentham, whose \"Benthamite utilitarianism\" greatly \ninfluenced legal reform in nineteenth-century Britain. \nHedonistic utilitarianism generally maintains that \npleasure is intrinsically good and pain intrinSically \nbad. Therefore, inflicting pain on an individual, as \nby punishing a criminal, is justified only if it results \nin a net increase of pleasure for society by deterring \nfuture harmful behavior. Also termed Benthamism. \nSee utilitarian-deterrence theory; BENTHAMITE. Cf. \nRETRIBUTIVISM. \nutiliter et equivalenter (yoo-til-<l-t<lr et i-kwiv-<l-len-tdr). \n[Law Latin] Rist. Duly and with equal effect. \nutiliter impensum (yoo-til-<l-tdr im-pen-sdm). [Latin] \nHist. Usefully expended. \nutility. (14c) 1.1he quality ofserving some function that \nbenefits society; meritoriousness. 2. Patents. Capacity \nto perform a function or attain a result for which the \npatent applicant or holder claims protection as intel\nlectual property. In patent law, utility is one ofthe \nthree basic requirements of patentability, the others \nbeing nonobviousness and novelty. In the calculation of \ndamages for patent infringement, utility is the benefit \nor advantage of the patented product or process over \nthe products or processes, if any, that previously had \nbeen used to produce similar results. [Cases: Patents \nC=47.] \n\"[Tlhe utility requirement does not mandate that the inven \ntion be superior to"}
{"text": "Patents \nC=47.] \n\"[Tlhe utility requirement does not mandate that the inven \ntion be superior to existing products and processes in \norder to qualify for a patent. The utility standard reflects \nthe judgment that society is better served by access to a \nlibrary of issued patents describing as many inventions \nas possible, even if many of them do not achieve better \nresults than public domain technology. This liberal view of utility allows subsequent inventors access to a greater \nvariety of previous technologies, some of which may yet \nbe judged the superior solution when employed within a \ndifferent context.\" Roger E. Schechter & John R. Thomas, \nIntellectual Property  15.1, at 316 (2003). \n3. A business enterprise that performs an essential \npublic service and that is subject to governmental reg\nulation. \npublic utility. (1895) 1. A company that provides neces\nsary services to the public, such as telephone lines and \nservice, electricity, and water.  Most utilities operate \nas monopolies but are subject to governmental regu\nlation. [Cases: Public Utilities (,'=' 101.] 2. A person, \ncorporation, or other association that carries on an \nenterprise for the accommodation of the public, the \nmembers ofwhich are entitled as a matter ofright to \nuse the enterprises's facilities. \nutility fund. See MUTUAL FUND. \nutility model. Patents. A system of patent registration \ngiving patent-like rights in some countries, usu. for a \nshorter term than a patent but with little or no search \nrequired. Utility-model registration is not available \nin the U.S. or Great Britain, but is offered in Japan and \nmany European countries, including Germany and \nFrance. They are available for machines only, and not \nfor chemicals. Also termed petty patent; second-tier \npatent; small invention. \nutility patent. See PATENT (3). \nuti mos est infeudifirmis (yoo-tI mahs est in fyoo-di\nfar-mis). [Law Latin] Scots law. As is the custom in feu\nholdings. \nut infra (dt in-frd also uut). [Latin] Rist. As below. \nuti possidetis (yoo-tI pah-si-dee-tis). [l.atin] 1. lnt'l \nlaw. The doctrine that the administrative boundaries \nwill become international boundaries when a politi\ncal subdivision or colony achieves independence. 2. \nRoman law. An interdict ordering each party to a \nlawsuit to maintain the possession of real property as \nit stands pending an official decision on who owns the \nproperty. Cf. UTRUBI. 3. The doctrine that personal \nproperty captured during wartime and still held by \nthe captor when the war ends becomes the captor's \nlegal property. \n'The restoration of peace put an end ... to all force, and \nthen the general principle applied, that things acquired in \nwar remain, as to title and possession, precisely as they \nstood when the peace took place. The uti possetidis is \nthe basis of every treaty of peace, unless it be otherwise \nagreed. Peace gives a final and perfect title to captures \nwithout condemnation; and as it forbids all force, it \ndestroys all hopes of recovery as much as if the vessel \nwas carried infra presidia, and condemned.\" James Kent, \n1 Commentaries on American Law *173 (George Comstock \ned., 11th ed. 1866). \nuti rogas (yoo-tI rob-gas or [Latin] Roman law. \nAs you ask.  This phrase was inscribed on a ballot to \nindicate a vote in favor ofa bill or candidate. Abbr. \nu.r. \n\n1687 \nutitur jure auctoris (yoo-ti-taf joor-ee awk-tor-is). \n[Latin] His!. He exercises the right of his predecessor \nin title. \nutiturjure communi (yoo-ti-tar joor-ee b-myoo-m). \n[Latin] Hist. He relies on the common law. \nutitur jure privata (yoo-ti-tar joor-ee prr-vay-toh). \n[Latin] Hist. He relies on his own private right. \nutitur jure suo (yoo-ti-tar joor-ee s[yJoo-oh). [LatinJ \nHist. He exercises his own right. \n\"The exercise of rights of property on the part of a pro\nprietor ... cannot be interfered with, even where they are \ninjurious in their effects to the adjoining property. In such \ncase the proprietor is only doing that which he has a right \nto do, utituyjuye suo.\" John Trayner, Trayney's Latin Maxims \n618-19 (4th ed. 1894). \nutlagare (<It-Iag-a-ree or at-la-gair-ee), vb. [Law Latin] \nlIist. To put (an offender) outside the protection ofthe \nlaw. Cf. INLAGARE; OUTLAWRY (2). \nutlagation (at-Ia-gay-shan), n. [Law Latin] Hist. 1he act \nofplacing an offender outside the protection of the law; \noutlawry. Also termed utlagatio. Cf. INLAGATION; \nOUTLAWRY (2). \nutlagatus (at-Ia-gay-tas), n. [Latin] Hist. An outlawed \nperson; an outlaw. \nutlage (at-Iahzh or -lij), n. [Law French] An outlaw. \nutlagb (<It-Iaw). [Old English] lUst. A person outside the \nprotection ofthe law; an outlaw. \nutland (at-hmd) [Old English] Hist. The outer portion of \na lord's demesne, used to support the lord's tenants. \nAlso termed delantal (di-Ian-tal). Cf. INLAND (2). \nutIesse. Hist. A felon's escape from prison. \nUTMA. abbr. UNIFORM TRANSFERS TO MINORS ACT. \nutmost care. See great care under CARE. \nut nihil illi desit (<1t m-hil ii-I dee-sit). [Latin] Hist. That \nnothing may be wanting to him. \nUTPCPL. abbr. UNFAIR TRADE PRACTICES AND \nCONSUMER PROTECTION LAW. \nut prosint ad veritatem indagandam (at prob-sint ad \nver-a-tay-tam in-d;:l-gan-dam). [Law Latin] Hist. That \nthey be ofservice for investigating the truth. \nut res magis valeat quam pereat (rays [or reez or rez] \nmay-jis yay-lee-at kwam peer-ee-at). [Latin \"to give \neffect to the matter rather than having it fail \"J A maxim \nof document construction applied when alternative \nreadings are possible, one ofwhich (usu. the broader \nreading) would achieve the manifest purpose of the \ndocument and the other of which (usu. the narrower \nreading) would reduce the document's purpose to uxoricide \nfutility or absurdity, whereby the interpreter chooses \nthe construction that gives greater effect to the docu\nment's primary purpose. \nut res valeat potius quam pereat (at rays [or reez or rez) \nyay-lee-at pob-shee-as kwam peer-ee-at). [Latin] Hist. \nThat the thing may avail rather than perish; that the \ntransaction may be valid rather than invalid. \nutrubi (<It-ra-bI), n. [Latin] Roman law. An interdict for \nmaintaining the status quo of possession of movable \nproperty pending a ruling to determine the property's \nrightful owner . In Roman law, this interdict gave pos\nsession ofmovable property to the party who had held \nthe property longer during the previous year. Justinian \napplied the rule of uti possidetis to movables. Cf. UTI \nPOSSIDETIS (2). \nutrumque nostrum (yoo-tr<lm-kwee nos-tr<lm). [Latin] \nEach of us. This phrase usu. appeared in bonds. The \naccusative form is uterque nostrum. \nUTSA. abbr. UNIFORM TRADE SECRETS ACT. \nut supra (<1t s[y]oo-pr<l also uut). [Latin] Hist. As above. \nutter, adj. (ISc) Complete; absolute; total <an utter \ndenial>. \nutter, vb. (ISc) I. To say, express, or publish <don't utter \nanother word until your attorney is present>. 2. To put \nor send (a document) into circulation; esp., to circulate \n(a forged note) as if genuine <she uttered a counterfeit \n$50 bill at the grocery store>. [Cases: Counterfeiting \n(;.=9; False Pretenses G-=>6; Forgery C:::> 16.] utter\nance (for sense 1), uttering (for sense 2), n. \nutter bar. See OUTER BAR. \nutter barrister. See outer barrister under BARRISTER. \nuttering. (I8c) The crime ofpresenting a false or worth\nless instrument with the intent to harm or defraud. \nAlso termed uttering a forged instrument. See FORGERY. \n[Cases: Counterfeiting C:::>9; False Pretenses G-=>6; \nForgery \nut voluntas testatoris sortiatur effectum (<1t va-l:m-tas \ntes-ta-tor-is sor-shee-ay-t<1r i-fek-t<1m). [Latin] Hist. \nThat the will ofthe testator may be effectuated. \nuxor (ak-sor), n. [Latin] Wife. Abbr. ux. See ET UXOR. \nCf. VIR. \nuxore rapta etabducta (ak-sor-ee [also ag-zor-ee] rap-t<l \net ab-dak-t<l). See DE UXORE RAPTA ET ABDUCTA. \nuxorial (ak-sor-ee-al or ag-zor-), adj. Of, relating to, or \ncharacteristic ofa wife <uxorial property>. \nuxoricide (ak-sOr-<1-SId or ag-zor-), n. (I8c) 1. The murder \nofone's wife. 2. A man who murders his wife. Cf. MAR\nITICIDE. uxoricidal, adj. \n\nv. abbr. l. VERSUS. -Also abbreviated vs. 2. Volume. \nAlso abbreviated vol. 3. Verb. Also abbreviated vb. \n4. (cap.) Victoria -the Queen of England from 1837 \nto 1901. 5. Vide .  This Latin term, meaning \" is \nused in phrases such as quod vide (\"which see,\" abbre\nviated q.v.). 6. Voce (voh-see). This Latin term means \nHvoice,H \nVA. abbr. DEPARTMENT OF VETERANS AFFAIRS. \nvacancy, n. l. The state or fact of a lack ofoccupancy in \nan office, post, or piece ofproperty. [Cases: Officers and \nPublic Employees C=55.] 2. The time during which \nan office, post, or piece of property is not occupied. 3. \nAn unoccupied office, post, or piece of property; an \nempty place. Although the term sometimes refers \nto an office or post that is temporarily filled, the more \nusual reference is to an office or post that is unfilled \neven temporarily. An officer's misconduct does not \ncreate a vacancy even ifa suspension occurs; a vacancy, \nproperly speaking, does not occur until the officer is \nofficially removed. \nvacancy clause. Insurance. A special indorsement \nallowing premises to be unoccupied beyond the period \nstipulated in the original insurance policy, so that the \ninsurance remains in effect during policy extensions, \noften for a reduced amount. [Cases: Insurance \n3049(5).] \nvacant, adj. (13c) 1. Empty; unoccupied <a vacant office>. \n Courts have sometimes distinguished vacant from \nunoccupied, holding that vacant means completely \nempty while unoccupied means not routinely charac\nterized by the presence ofhuman beings. 2. Absolutely \nfree, unclaimed, and unoccupied <vacant land>. 3. (Of \nan estate) abandoned; having no heir or claimant. \nThe term implies either abandonment or nonoccu\npancy for any purpose. \nvacantia (va-kan-sh[ee]-a). See bona vacantia under \nBONA. \nvacantia bona (va-kan-sh[ee]-a boh-n<l). See bona \nvacantia under BONA. \nvacant succession. See SUCCESSION (2). \nvacate, vb. (17c) 1. To nullify or cancel; make void; invali\ndate <the court vacated the judgment>. Cf. OVERRULE. \n2. To surrender occupancy or possession; to move out \nor leave <the tenant vacated the premises>. \nvacatio (vd-kay-shee-oh). Civil law. Exemption; \nimmunity; privilege; dispensation. \nvacation, n. (15c) 1. The act ofvacating <vacation of the \noffice> <vacation of the court's order>. 2. The period \nbetween the end ofone term ofcourt and the beginning \nofthe next; the space oftime during which a court holds \nno sessions. [Cases: Courts C=69.]  The traditional v \nvacations in England were Christmas vacation, begin\nning December 24 and ending January 6; Easter \nvacation, beginning Good Friday and ending Easter \nTuesday; Whitsun vacation, beginning on the Saturday \nimmediately before and ending the 'Tuesday immedi\nately after Whitsunday (Le., Pentecost, the seventh \nSunday after Easter); and the long vacation, beginning \nAugust 13 and ending October 23. 3. Loosely, any time \nwhen a given court is not in session. lCases: Courts \n69.]4. Eccles. law. The act or process by which a church \nor benefice becomes vacant, as on the death or resigna\ntion ofthe incumbent, until a successor is appointed. \nAlso termed (in sense 4) vacatura. \nvacation barrister. See BARRISTER. \nvacatur (vd-kay-tar), n. [Law Latin \"it is vacated\"] (17c) 1. \nThe act ofannulling or setting aside. 2. A rule or order \nby which a proceeding is vacated. \nvacatura (vay-ka-t[y]oor-J), n. [Latin] VACATION (4). \nvacua possessio (vak-yoo-a pJ-zes[h]-ee-oh). [Latin \"a"}
{"text": "\nvacua possessio (vak-yoo-a pJ-zes[h]-ee-oh). [Latin \"a \nvacant possession\"] Roman & civil law. Free and unbur\ndened possession, which a seller must convey to a pur\nchaser. \nvacuus (vak-yoo-as), adj. [Latin] Hist. Empty; void; \nvacant; unoccupied. \nvades. See VAS. \nvadiare duellum (vad-ee-air-ee d[y]oo-el-am), vb. [Law \nLatin \"to wage the duellum\"] Hist. To pledges \nmutually for engaging in trial by combat \nvadiare legem (vad-ee-air-ee lee-jam), vb. [Law Latin \"to \nwage law\"] Hist. (Of a defendant in a debt action) to give \nsecurity to make one's law on a day aSSigned -that is, \nthe defendant would pledge, upon giving the security, \nto do two things on the appointed day in court: (1) take \nan oath in open court that the debt was not owed, and \n(2) bring 11 compurgators who would swear that they \nbelieved what the defendant said. \nvadiatio (vad-ee-ay-shee-oh), n. [Law Latin] Hist. Wager. \nCf. INVADIATIO. PI. vadiationes (vad-ee-ay-shee-oh\nneez). \nvadiatio duelli (vad-ee-ay-shee-oh d[y]oo-el-l). [Law \nLatin \"wager of battle\"] See TRIAL BY COMBAT. \nvadiatio legis (vad-ee-ay-shee-oh lee-jis). [Law Latin \n\"wager oflaw\"] See WAGER OF LAW. \nvadimonium (vad-a-moh-nee-am), n. Roman law. 1. A \nguarantee (originally backed by sureties) that a litigant \nwould appear in court. 2. A solemn promise to this \neffect. -Also termed vadimony. \nvadium (vay-dee-dm), n. [Law Latin \"pledge, bail, \nsecurity\"] Hist. 1. Security by a pledge of property. \n\n1689 \nvadium mortuum (vay-dee-dm mor-choo-dm). [Law \nLatin \"dead pledge\"] A mortgage. -This was consid\nered a dead pledge\" because an estate was given as \nsecurity by the borrower, who granted to the lender \nthe estate in fee, on the condition that if the money \nwere not repaid at the specified time, the pledged \nestate would continue as the lender's it would be \ngone from, or \"dead\" to, the borrower (mortgagor). \nAlso termed mortuum vadium. See MORTGAGE. \n[Cases: Mortgages C=> 1.] \nvadium vivum (vay-dee-dm vI-vdm). [Law Latin \"live \npledge\"] A living pledge, which exists when an estate \nis granted by a borrower to a lender until a debt is paid \nout ofthe estate's proceeds . The pledge was so called \nbecause neither the money nor the lands were lost; it \nwas a \"living pledge\" because the profits of the land \nwere constantly paying off the debt. -Also termed \nvivum vadium; vif-gage. \n2. Wages; salary. \nvadium ponere (vay-dee-dm poh-nd-ree), vb. Hist. To \ntake bail for the appearance ofa person in court. \nvagabond (vag-d-bond), n. Archaic. A homeless wanderer \nwithout any means or an honest livelihood; VAGRANT. \n This term became archaic over the course of the 20th \ncentury, as vagrants won the right not to be forcibly \nremoved from cities in such cases as Papachristou v. \nCity ofJacksonville, 405 U.S. 156,92 S.Ct. 839 (1972). \nIn the 19808 and 19908, vagabonds came to be known \nas street people and homeless people, or the homeless. \nAlso termed vagabundus (vag-d-b,m-dds). \n\"[AJII idle persons or vagabonds [are) ... divided into three \nclasses, idle and disorderly persons, rogues and vagabonds, \nand incorrigible rogues; -all these are offenders against \nthe good order, and blemishes in the government, of any \nkingdom. They are therefore all punished ... rogues and \nvagabonds with whipping and imprisonment not exceeding \nsix months ....\" 4 William Blackstone, Commentaries on \nthe Laws of England 170 (1769). \nvagabondage (vag-d-bon-dij). 1. The condition of a \nvagabond. 2. Vagabonds as a class. Also termed (in \nsense 1) vagabondism; (in senses 1 & 2) vagabondry. \nvagabundus (vag-d-ban-das). [Law Latin] See \nVAGABOND. \nvagrancy (vay-gran-see), n. (l7c) 1. ]b.e state or condition \nofwandering from place to place without a home, job, \nor means of support.  Vagrancy is generally consid\nered a course of conduct or a manner ofliving, rather \nthan a single act. But under some statutes, a Single act \nhas been held sufficient to constitute vagrancy. One \ncourt held, for example, that the act ofprowling about \nand creeping up on parked cars and their occupants \nat night, under circumstances suggesting an intent \nto commit a crime, constitutes vagrancy. See Smith \nv. Drew, 26 P.2d 1040 (Wash. 1933). Many state laws \nprohibiting vagrancy have been declared unconsti\ntutionally vague. Also termed vagrantism. [Cases: \nVagrancy C=> 1.] 2. An instance ofsuch wandering. Cf. \nLOITERING. \n\"Vagrancy is a status resulting from misconduct and in \nthe form of a socially harmful condition or mode of life va/ens agere \nwhich has been defined and made punishable by law. Until \nrecently it was a misdemeanor, or group of misdemean \nors, in most states.\" Rollin M. Perkins & Ronald N. Boyce, \nCriminal Law 494 (3d ed. 1982). \nvagrant, adj. (15c) 1. Of, relating to, or characteristic \nof a vagrant; inclined to vagrancy. 2. Nomadically \nhomeless. [Cases: VagrancyC='1.] \nvagrant, n. (ISc) 1. At common law, anyone belonging to \nthe several classes of idle or disorderly persons, rogues, \nand vagabonds. 2. One who, not having a settled habi\ntation, strolls from place to place; a homeless, idle \nwanderer. -The term often refers to one who spends \ntime in idleness, lacking any property and without any \nvisible means ofsupport. Under some statutes, a vagrant \nis an offender against or menace to the public peace, \nusu.liable to become a public burden. Cf. VAGABOND. \n[Cases: VagrancyC=>1.] \nvagrantism. See VAGRANCY. \nvague, adj. (16c) 1. Imprecise; not sharply outlined; \nindistinct; uncertain. \nunconstitutionally vague. 1. (Of a penal legislative \nprovision) so unclear and indefinite as not to give \na person of ordinary intelligence the opportunity \nto know what is prohibited, restricted, or reqUired . \n[Cases: Criminal Law C=>13.1(1); Statutes 47.J 2. (Of a \nstatute) impermissibly delegating basic policy matters \nto administrators and judges so such a degree as to \nlead to arbitrary and discriminatory application. \n[Cases: Statutes 47.] \n2. (Of language) describing a distribution around a \ncentral norm, as opposed to a neatly bounded class; \nbroadly indefinite; not clearly or concretely expressed. \n3. Characterized by haziness of thought. \nvague-and-indefinite rejection. See REJECTION. \nvagueness. (18c) 1. vncertain breadth of meaning <the \nphrase \"within a reasonable time\" is plagued by vague\nness -what is reasonable?>. -Though common in \nwritings generally, vagueness raises due-process \nconcerns if legislation does not provide fair notice of \nwhat is required, restricted, or prohibited, because \nenforcement may become arbitrary. 2. Loosely, ambi\nguity. See AMBIGUITY. \nvagueness doctrine. (1957) COrlstitutionallaw. The \ndoctrine based on the Due Process Clause requir\ning that a criminal statute state explicitly and definitely \nwhat acts are prohibited or restricted, so as to provide \nfair warning and preclude arbitrary enforcement. \nAlso termed vOid-for-vagueness doctrine. See void for \nvagueness under VOID. Cf. OVERBREADTH DOCTRINE. \n[Cases: Constitutional Law C=>4S06.] \nvaleat quantum (vay-iee-at [or -dt] kwon-tdm). [Law \nLatin] Hist. For as much as it is worth. \nvalens agere (vay-lenz aj-ar-ee). [Law Latin] Hist. Able \nto act. \n\"A person is said to be va/ens ague when, from age and \nposition, he is able to protect his rights against the invasion \nof them by others: against such a person not protecting \nhis rights prescription runs, while prescription does not \n\n1690 valentia \nrun against one who is non valens agere.\" John Trayner, \nTrayner's Latin Maxims 621 (4th ed. 1894). \nvalentia (vd-Ien-shee-d), n. [Law Latin from Latin valere \n\"to be of value\") Hist. Value; worth. -In old indict\nments for larceny, this term often appeared to express \nthe value of the things taken. \nvalentia agendi (vd-Ien-shee-d d-jen-dl). [Law Latin) \nHist. The power of acting. See VALENS AGERE. \nvalere seipsum (vd-Ieer-ee see-ip-sdm). [Law Latin] Hist. \nTo be of its own value. -The phrase usu. referred to \nland. \nvalid, adj. (l6c) 1. Legally sufficient; binding <a valid \ncontract>. 2. Meritorious <that is a valid conclusion \nbased on the facts presented in this case>. validate, \nvb. -validation, validity, n. \nvalid agreement. See valid contract under CONTRACT. \nvalidating statute. See 5TATUTE. \nvalid contract. See CONTRACT. \nvalidity opinion. See OPINION (2). \nvalidity search. An exhaustive search for prior art or \nany other facts that can be used to invalidate a patent. \nSee BREAKING A PATENT. Cf. INFRINGEMENT SEARCH; \nPATENTABILITY SEARCH. \nvalid judgment. See JUDGMENT. \nvalid marriage. See MARRIAGE (1). \nvalid warrant. See WARRA::-.fT (1). \nvalise diplomatique (vd-Iees di-ploh-ma-teek). See DIP\nLOMATIC POUCH. \nVallescura rule. Maritime law. The holding that when a \nmaritime loss is due to more than one cause, and the \ncarrier is exempt from liability for at least one of them, \nthe burden is on the carrier to prove what loss is due \nto the exempt cause. -If the carrier fails to prove the \nexemption, it is liable for the entire loss. Schnell v. 'fhe \nVallescura, 293 U.S. 296, 55 S.Ct. 194 (1934). \nVA loan. See veteran's loan under LOAN. \nvalor (val-dr), n. [Latin) Hist. Value; worth; rate; a val\nuation. -Also spelled (esp. in BrE) valour. See AD \nVALOREM. \nvalor beneficiorum (val-dr ben-~-fish-ee-or-dm). [Law \nLatin] Hist. The value ofall ecclesiastical benefices and \nspiritual preferments. \nvalor maritagii (val-df mar-d-tay-jee-r). [Latin] Hist. The \nvalue of a marriage . Under ancient tenures, this was \nthe amount that a female ward forfeited to a guardian \nwhen the guardian had offered her a marriage without \ndisparagement (inequality), and she refused. Likewise \nin feudal law, the guardian in chivalry had the right of \ntendering to a minor ward a suitable match, without \ndisparagement. If the ward refused, she had to compen\nsate the guardian for the value of the marriage (valor \nmaritagii). -Also termed (in the accusative) valorem \nmaritagii; (Scots law) avail ofmarriage. \n\"If an infant ward of a guardian in chivalry refused a match \ntendered by the guardian, he or she forfeited the value of the marriage (valorem maritagii) to the guardian; that is, \nso much as ajury would assess, or anyone would bona \nfide give to the guardian for such an alliance.\" 2 Alexander \nM. Burrill, A Law Dictionary and Glossary 572-73 (2d ed. \n1867). \nvaluable, adj. Worth a good price; having financial or \nmarket value. \nvaluable consideration. See CONSIDERATION (1). \nvaluable improvement. See IMPROVEME::-.fT. \nvaluable papers. Documents that, upon a person's death, \nare important in carrying out the decedent's wishes and \nin managing the estate's affairs . Examples include \na will, title documents, stock certificates, powers of \nattorney, letters to be opened on one's death, and the \nlike. Some statutes require that, to be effective, a holo\ngraphic will devising realty must be found among the \ndecedent's valuable papers. \nvaluable-papers insurance. See I::-.fSURANCE. \nvaluation, n. (l6c) 1. The process of determining the \nvalue of a thing or entity. 2. The estimated worth of a \nthing or entity. -value, valuate, vb. \nassessed valuation. (1825) The value that a taxing \nauthority gives to property and to which the tax"}
{"text": ". \nassessed valuation. (1825) The value that a taxing \nauthority gives to property and to which the tax rate \nis applied. [Cases: Taxation C=>2512, 2520.] \nspecial-use valuation. (1976) An executor's option of \nvaluating real property in an estate, esp. farmland, \nbased on its current use rather than for its highest \npotential value. [Cases: Internal Revenue C=>4183; \nTaxation C::;>3350.1 \nvaluation date. See ALTERNATE VALUATION DATE. \nvaluation list. Hist. An inventory of all the ratable her\neditaments in a parish, each item in the inventory \nrecording the name of the occupier, the owner, the \nproperty, the extent of the property, the gross estimated \nrental, and the ratable value. -The list was traditionally \nprepared by the overseers of each parish. \nvalue, n. (14c) 1. The significance, desirability, or utility \nof something. \nsocial value. The significance, deSirability, or utility of \nsomething to the general public. \n2. The monetary worth or price of something; the \namount of goods, services, or money that something \ncommands in an exchange. \nactual cash value. Insurance. 1. Replacement cost \nminus normal depreciation. [Cases: Insurance \n2181.) 2. Seefair market value. \nactual market value. Seefair market value. \nactual value. Seefair market value. \nagreed value. A property's value that is fixed by agree\nment ofthe parties, esp. the property's owner and the \nperson or entity valuating the property. _ An example \nis a list ofproperty values contained in an insurance \npolicy. [Cases: Insurance \nannual value. 1. The net yearly income derivable from \na given piece ofproperty. 2. One year's rental value of \n\n1691 \nproperty, less the costs and expenses ofmaintaining \nthe property. \nassessed value. The value ofan asset as determined by \nan appraiser for tax purposes. [Cases: Taxation C=> \n2510.] \nbook value. See BOOK VALUE. \ncash surrender value. Insurance. The amount of \nmoney payable when an insurance policy having cash \nvalue, such as a whole-life policy, is redeemed before \nmaturity or death. -Abbr. CSV. -Also termed sur\nrender value; cash value. [Cases: Insurance C=>1957, \n2037.] \ncash value. 1. See fair market value. 2. See full cash \nvalue. 3. See cash surrender value. \nclear annual value. The net annual value of property, \nafter payment of taxes, interest on mortgages, and \nother charges. \nclear market value. Seefair market value. \nclear value. Tax. For purposes of an inheritance tax, \nwhatever remains of an estate after all claims against \nit have been paid. [Cases: Taxation C=>3351.] \ncommuted value (k;:,-myoo-tid). 1. In the assessment \nof damages, the present value of a future interest in \nproperty. 2. 'The value offuture payments when dis\ncounted to their present value. \nenterprise value. A measure of a company's market \nvalue, calculated by aggregating the value of the \ncompany's market capitalization, debt, and preferred \nstock, and subtracting cash and cash equivalents. \nexchange value. The amount of money for which \nproperty or services could be exchanged or procured \nif there is a ready market continually resorted to by \ntraders -or, in the absence of such a market, the \namount that could be obtained in the usual course \noffinding a purchaser or hirer ofsimilar property or \nservices. [Cases: Evidence C=> 113(20).] \nfair market value. (I8c) The price that a seller is willing \nto accept and a buyer is willing to pay on the open \nmarket and in an arm's-length transaction; the point \nat which supply and demand intersect. Abbr. \nFMV. Also termed actual value; actual cash value; \nactual market value; cash value; clear market value; \nfair and reasonable value;fair cash market value;fair \ncash value;fair market price;fair value;full value;just \nvalue; market value; salable value; true value. [Cases: \nTaxation C:::>2515.] \n\"[AI forced sale price is not fair value though it may be used \nas evidence on the question of fair value. Likewise, the fair \nvalue of saleable assets is not what they would sell for in \nthe slow process of the debtor's trade as if the debtor were \ncontinuing business unhampered. The general idea of fair \nvalue is the amount of money the debtor could raise from \nits property in a short period of time, but not so short \nas to approximate a forced sale, if the debtor operated \nas a reasonably prudent and diligent businessman with \nhis interests in mind, especially a proper concern for the \npayment of his debts.\" David G. Epstein et aI., Bankruptcy \n 6-18, at 307 (1993). \nfair value. Seefair market value. value \nfull cash value. Market value for property tax purposes; \nestimated value derived by standard appraisal \nmethods. Also termed cash value. [Cases: Taxation \nC=>2515.] \nfull value. Seefair market value. \nfuture value. The value, at some future time, of a \npresent sum or a series of monetary payments, cal\nculated at a specific interest rate. \ngoing-concern value. The value of a commercial \nenterprise's assets or of the enterprise itself as \nan active business with future earning power, as \nopposed to the liquidation value of the business or \nof its assets. -GOing-concern value includes, for \nexample, goodwill. -Also termed going value. Cf, \nGOODWILL. \nhighest proved value. In a trover action, the greatest \nvalue (as proved by the plaintiff) that the converted \nproperty reached from the time of the conversion \nuntil trial. -It is the highest amount that a plaintiff \nis entitled to recover. [Cases: Trover and Conversion \ninsurable value. See INSURABLE VALUE. \nintrinsic value. '!he inherent value ofa thing, without \nany special features that might alter its market value. \n-The intrinsic value of a silver coin, for example, is \nsimply the value of the silver within it. \njust value. Seefair market value. \nliquidation value. 1. The value of a business or of an \nasset when it is sold in liqUidation, as opposed to \nbeing sold in the ordinary course of business. 2. See \nliqUidation price under PRICE. \nmarket value. Seefair market value. \nmost-suitable-use value. See optimal-use value. \nnet value. 1. Insurance. The excess of a policyholder \npayments over the yearly cost ofinsurance; the part \nofan insured's annual premium that, according to \nactuarial tables, the insurer must set aside to meet \nthe insurer's obligations to the insured. -Also \ntermed reserve. [Cases: Insurance C=>2037.] 2. The \nfair market value ofshares ofstock. [Cases; Corpora\ntions C=> 182.4(5),584.] \nnew value. 1. A value that is newly given or freshly \ncalculated. 2. The value obtained by taking a security, \nsuch as collateral, for any debt other than a preexist\ning one. \noptimal-use value. Tax. The highest and best use of \na thing from an economic standpoint. -If a farm \nwould be worth more as a shopping center than as \na farm, the shopping-center value will control even \nif the transferee (that is, a donee or heir) continues \nto use the property as a farm. Also termed most\nsuitable-use value. [Cases: Taxation C:::>2515.] \npar value. See PAR VALUE. \npolicy value. See POLICY VALUE. \npresent value. See PRESENT VALUE. \n\n1692 value-added card \nresidual value. See salvage value. \nsalable value. See fair market value. \nsalvage value. (1917) The value of an asset after it has \nbecome useless to the owner; the amount expected \nto be obtained when a fixed asset is disposed ofat the \nend of its useful life. -Salvage value is used, under \nsome depreciation methods, to determine the allow\nable tax deduction for depreciation. And under the \nUCC, when a buyer ofgoods breaches or repudiates \nthe contract ofsale, the seller may, under certain cir\ncumstances, either complete the manufacture of any \nincomplete goods or cease the manufacture and sell \nthe partial product for scrap or salvage value. UCC \n 2-704(2). -Also termed residual value; scrap value. \nSee DEPRECIATION. [Cases: Sales C:~3S4(6).1 \nscrap value. See salvage value. \nsettlement value. The value of a claim if the claimant \nsettles immediately as opposed to pursuing the claim \nfurther through litigation. \nsurrender value. See cash surrender value. \ntrue value. See fair market value. \nuse value. A value established by the utility ofan object \ninstead of its sale or exchange value. \nvalue received. See VALUE RECEIVED. \n3. Sufficient contractual consideration.- value, vb. \nvaluation, n. \n\"Value also includes paying or securing a preexisting debt, \nand in this regard value is broader than common-law con\nsideration. Thus, a debtor receives value in satisfying an \nantecedent claim (as by paying an overdue account or an \noutstanding loan or by transferring property to vindicate \na preexisting interest in it) or in providing collateral for a \npreviously unsecured creditor. It makes no difference that \nthe debtor got nothing new, in terms of property added \nto her estate, at the time of the transfer.\" David G. Epstein \net aI., Bankruptcy  6-49, at 374 (1993). \nvalue-added card. See STORED-VALUE CARD. \nvalue-added model. See LABOR-DESERT MODEL. \nvalue-added tax. See TAX. \nvalue date. The date when the proceeds of a bill of \nexchange (e.g., a check) or ofa foreign-exchange trans\naction (e.g., a sale ofdollars for euros) become available \nfor use. Also termed here and there. \nvalued policy. See INSURANCE POLICY. \nvalued-policy law. A statute requiring insurance com\npanies to pay the full amount of the insurance to the \ninsured in the event of a total loss, regardless of the \ntrue value ofthe property at the time ofloss. [Cases: \nInsurance ~\"::>2171.1 \nvalue fund. See MUTUAL FUND. \nvaluer. See APPRAISER. \nvalue received. (17c) Consideration that has been deliv\nered. -This phrase is commonly used in a bill of \nexchange or promissory note to show that it was sup\nported by consideration. [Cases: Bills and Notes C=:' \n12,40,90,98.] valuta (v;:l-loo-td), n. [Italian fro Latin] Value; worth; \nesp., the value of a currency in relation to that of the \ncurrency ofsome other country. \nvalvasor (valv-d-sor), n. [Law Latin] Hist. A princi\npal vassal who, though not holding directly of the \nsovereign, held of those who did so; a vassal of the \nsecond degree or rank. Also spelled valvassor. See \nVAVASOR. \nVA mortgage. See MORTGAGE. \nvandal. [fro Latin Vandalus, a member ofthe Germanic \ntribe known as Vandals] (17c) A malicious destroyer \nor defacer of works of art, monuments, buildings, or \nother property. \nvandalism, n. (ISc) 1. Willful or ignorant destruction of \npublic or private property, esp. ofartistic, architectural, \nor literary treasures. 2. The actions or attitudes of one \nwho maliciously or ignorantly destroys or disfigures \npublic or private property; active hostility to anything \nthat is venerable or beautifuL -vandalize, vb. -van\ndalistic, adj. \nvara (vah-rah)_ Spanish-Am. law. A measure oflength \nequal to about 33 inches. -Local usage varies, so that a \nvara may sometimes be more and sometimes less than \n33 inches. In Mexican land grants, the measure is equal \nto 32.9927 inches. The term is often found in old land \ngrants in states that were formed from land governed \nby Spain or Mexico. \nvariable annuity. See ANNUITY. \nvariable annuity contract. See CONTRACT. \nvariable cost. See COST (I). \nvariable life insurance. See LIFE INSURANCE. \nvariable rate. See INTEREST RATE. \nvariable-rate mortgage. See adjustable-rate mortgage \nunder MORTGAGE. \nvariance. (I4c) 1. A difference or disparity between two \nstatements or documents that ought to agree; esp., in \ncriminal procedure, a difference between the allega\ntions in a charging instrument and the proof actually \nintroduced at trial. Also termed variation. [Cases: \nIndictment and Information ~\"::>171.] \nfatal variance. (I8c) A variance that either deprives \nthe defendant of fair notice of the charges or exposes \nthe defendant to the risk ofdouble jeopardy. - A fatal \nvariance is grounds for reversing a conviction. [Cases: \nIndictment and Information C=:' 171.J \nimmaterial variance. (iSc) A variance too slight \nto mislead or prejudice the defendant and is thus \nharmless error. [Cases: Indictment and Information \n2. A license or official authorization to depart from a \nzoning law. Also termed (in sense 2) zoning variance. \nSee HARDSHIP (4). Cf. SPECIAL EXCEPTION (2); SPE\nCIAL-USE PERMIT. [Cases: Zoning and Planning (;=' \n481-549.] \narea \t variance. A variance permitting deviation \nfrom zoning requirements about construction and \n\n1693 vein \nplacement, but not from requirements about use. \n[Cases: Zoning and Planning (:::::>503.] \nuse variance. A variance permitting deviation from \nzoning requirements about use. lCases: Zoning and \nPlanning (:::::>481.] \nvarrantizatio (v~-ran-ti-zay-shee-oh), n. [Law Latin] \nHist. Scots law. A warranty. \nvas (vas), n. [Latin \"surety\"] A pledge, surety, bail"}
{"text": "law. A warranty. \nvas (vas), n. [Latin \"surety\"] A pledge, surety, bail; esp., \nin early law, security for a criminal defendant's appear\nance in court. In Roman law under the legis actio \nprocedure, a vas was a special surety for the defendant if \nthere was an adjournment in jure. PI. vades (vay-deez). \nSee IN JURE (2); LEGIS ACTIO. \nvassal (vas-eli), n. [fro Law Latin vassallus] Hist. The \ngrantee of a fief, feud, or fee; a feudal tenant. Cf. \nFREEMAN (5). \narriere vassal (a-ree-air vas-dl). Hist. lhe vassal of a \nvassal. \nvassalage (vas-ell-ij), n. Hist. 1. The state ofbeing a vassal \nor feudatorv. Also termed vasseleria. 2. The service \nrequired o(a vassal. Also termed vassaticum; main\nrent. 3. lhe territory held by a vassal; a fief or fee. 4. \nVassals collectively. 5. The dominion or authority ofa \nfeudal superior over vassals. 6. Political servility; sub\njection. \nvassalli ligii (vas-~-lr lij-ee-I). [Law Latin] His!. Vassals \nholding immediately of the Crown. \nvassallo et quibus dederit (vas-el-Ioh et kwib-els dee\nddT-it). [Law Latin] Hist. To the vassal and to whomso\never he shall have given it.  The phrase was included \nin feudal grants. \n\"If the original grant had been destined to the vassal, 'and \nhis heirs and assignees whomsoever.' this only bound the \nsuperior to receive the proper hei rs of the vassal and not \nhis assignee; but if the destination bore ... [vassal] 'et \nquibus dederit.' this was construed as a consent on the \npart of the superior to alienation, and under which he was \nbound to receive as vassal his vassal's disponee. This dis\ntinction ... was practically abolished by the Act 20 Geo. \nII. c. 50, which introduced a mode by which either an heir \nor disponee could force an entry from the superior.' John \nTrayner, Trayner's Latin Maxims 622 (4th ed. 1894). \nvassallo faciendo superiori quod de jure facere oportet \n(vas-a-Ioh fay-shee-en-doh s[y]oo-peer-ee-or-r kwod \ndee joor-ee fay-sa-ree d-por-tet). [Law Latin] Hist. \nUpon the vassal performing that to the superior which, \naccording to law, he ought to perform. \nvassallus (vas-d-Ids), n. Latin] Hist. A feudal tenant. \nCf. VASSUS. \nvassal state. Int'llaw. A state that possesses only those \nrights and privileges that have been granted to it by a \nmore powerful state. \nvassaticum (va-sat-a-kam). [Law Latin] See VASSALAGE \n(2). \nvasseleria (vas-a-Ieer-ee-a). [Law Latin] See VASSALAGE \n(1). \nvassus (vas-els), n. [Law Latin] Hist. A feudal tenant who \nheld immediately of the king. Cf. VASSALLUS. vasto. See DE VASTO. \nvastum (vas-telm), n. Hist. WASTE. \nvastum forestae vel bosci (vas-telm for-es-tee vel \nbahs-I). Hist. Waste ofa forest or wood. \nVAT. See value-added tax under TAX. \nvauderie (vaw-ddr-ee). Hist. Sorcery; witchcraft. \nVaughn index. A comprehensive list of all documents \nthat the government wants to shield from disclosure \nin Freedom ofInformation Act (FOrA) litigation, each \ndocument being accompanied by a statement of jus\ntification for nondisclosure . Supported by one or \nmore affidavits, a Vaughn index has three purposes: \n(1) forcing the government to scrutinize all material \nwithheld; (2) enabling the trial court to fulfill its duty \nof ruling on the factual basis of each claimed FOIA \nexemption; and (3) enabling the adversary system to \noperate by giving the as much information as \npossible. 5 USCA  et seq. The name derives from \nVaughn V. Reese, 484 F.2d 820 (D.C. Cir. 1973). [Cases: \nRecords 62.] \nvavasor (vav-a-sor), n. [Law Latin] Hist. The vassal or \ntenant ofa baron; one who held under a baron and also \nhad subtenants. Also spelled vavasour (vav-el-suur). \nCf. VALVASOR. \nvavasory (vav-el-sor-ee), n. [fro Law Latin vavasoriaJ Hist. \nThe lands held by a vavasor. \nVAWA. abbr. VIOLENCE AGAINST WOMEN ACT. \nVc. abbr. VICE-CHA;\\fCELLOR. \nvec. abbr. VICE-CHANCELLOR'S COURT. \nv.e. abbr. VENDITIONI EXPONAS. \nveal-money. Hist. The annual rent paid by tenants ofthe \nmanor of Bradford, in the county of Wiltshire, in lieu \nofveal formerly paid in kind. \nvectigal (vek-tI-gal), n. Roman & civil law. 1. A tax, \nesp. an import or export duty, paid to the state. 2. An \nannual ground rent paid in kind or in money. PI. l'ec\ntigalia (vek-tel-gay-lee-d). \nvectigal judiciarium (vek-tI-gal joo-dish-ee-air-ee-am), \nn. A tax or fine to defray the expenses ofmaintaining \ncourts ofjustice. PI. vectigalia judiciaria. \nvedura (vek-t[yJoor-d). Hist. Maritime law. Freight. \nveggie-libellaw. Slang. See AGRICULTURAL-DISPARAGE\nMENTLAW. \nvehicle (vee-a-bl), n. 1. An instrument oftransportation \nor conveyance. 2. Any conveyance used in transporting \npassengers or things by land, water, or air. \nvehicular (vee-hik-Yd-lar), adj. Of, relating to, or caused \nby a vehicle or vehicles. \nvehicular homicide. See HOMICIDE. \nveil-piercing. See PIERCING THE CORPORATE VEIL. \nvein, n. Mining law. A continuous body of mineral or \nmineralized rock, filling a seam or fissure in the earth's \ncrust, within defined boundaries that clearly separate \nit from surrounding rock. \n\ndiscovery vein. The primary vein for the purpose of \nlocating a mining claim. [Cases: Mines and Minerals \n(;=e 16,30-33.] \nvejour (vd-zhoor), n. [Law French fr. Law Latin visores \n\"viewers\"] Hist. 1. One of several persons sent by the \ncourt to examine a place in question to help in the \ndecision-making process. 2. A person sent to visit \npersons who claim they are unable to appear in court \non account of illness, to see whether they are actually \nso sick that they cannot appear or whether they are \nmalingering. -Also spelled veyor; veyour; vayowr; \nveiour; veighor. \nvelfaciendo vel delinquendo (vel fay-shee-en-doh vel \ndee-ling-kwen-doh). [Law Latin] Hist. Either by doing \nsomething or by leaving something undone. The \nphrase appeared in reference to what was accomplished \nby act or omission. \nvel non (vel non). [Latin \"or not\"] (1895) Or the absence \nofit (or them) <this case turns solely on the finding of \ndiscrimination vel non>. \nvenal (vee-ndl), adj. (I7c) 1. (Of a person) capable of being \nbribed. 2. Ready to sell one's services or influence for \nmoney or other valuable consideration, usu. for base \nmotives. 3. Of, relating to, or characterized by corrupt \nbargaining. 4. Broadly, purchasable; for sale. \nvend, vb. (17c) 1. To transfer to another for money or \nsomething else of value. The term is not commonly \napplied to real estate, although its derivatives (vendor \nand vendee) are. 2. To make an object of trade, esp. \nby hawking or peddling. 3. To utter publicly; to say or \nstate; to publish broadly. \nvendee. (16c) A purchaser, usu. ofreal property; a buyer. \n[Cases: Vendor and Purchaser (;=e 1.] \nvendee's lien. See LIEN. \nvendetta (ven-det-d), n. (1855) A private blood feud in \nwhich family members seek revenge on one or more \npersons outside the family (often members of another \nfamily); esp., a private war in which the nearest of kin \nseek revenge for the slaying ofa relative. \nvend. ex. abbr. VENDITIONI EXPONAS. \nvendible, adj. Salable; fit or suitable to be sold. \nvenditae (ven-dd-tee). [fr. Latin vendere \"to sell\"] Hist. A \ntax on things sold in markets and at public fairs. \nvenditio (ven-dish-ee-oh). [Latin] Roman & civil law. 1. \nA sale; VENDITION. 2. A contract ofsale. In this sense, \nthe term is short for emptio et venditio. See EMPTIO. 3. \nBroadly, any contract by which the ownership ofsome\nthing may be transferred for value. PI. venditiones. \nvenditio corporis (ven-dish-ee-oh kor-p'His). A sale of \na specific thing. -Also termed venditio speciei. \nvenditio generis (ven-dish-ee-oh jen-d-ris). A sale of \ngoods of a class or general kind. \nvenditio nominis (ven-dish-ee-oh nom-d-nis). A sale \nor conveyance ofa debt. \nvenditio speciei (ven-dish-ee-oh spee-shee-I). See \nvenditio corporis. vendition, n. The act of selling; a sale. -Also termed \nvenditio. \nvenditioni exponas (ven-dish-ee-oh-m eks-poh-nds). \n[Latin \"you are to expose for sale\"] A writ ofexecution \nrequiring a sale of particular goods to be made . The \nwrit is directed to a sheriff who has levied upon goods \nunder a fieri facias but has reported that the goods \nremain unsold for lack of buyers. In some jurisdic\ntions, a venditioni exponas is issued to require a sale of \nproperty seized under an earlier writ, after the property \nhas been condemned or passed upon by inquisition. -\nAbbr. vend. ex.; v. [Cases: Execution (;=e217.] \nvenditor (ven-dd-tdr), n. Hist. See VENDOR. \nvenditor regis (ven-dd-tdr ree-jis). [Latin] Hist. The king's \nseller; esp., the person who sold goods and chattels that \nhad been seized or distrained to answer a debt due to \nthe king. \nvenditrix (ven-dd-triks), n. Hist. A female vendor. \nvendor. A seller, usu. of real property. -Also termed \nvenditor. [Cases: Vendor and Purchaser (;=e 1.] \nitinerant vendor. A vendor who travels from place to \nplace selling goods. [Cases: Licenses (;=e 15(2).] \nvendor's lien. See LIEN. \nvendue (ven-d[y]oo or ven-d[y]oo). Hist. 1. A sale; esp., \na sale at public auction. 2. See execution sale under \nSALE. \nvendue master. Hist. See AUCTIONEER. \nvenereal disease. See SEXUALLY TRANSMITTED \nDISEASE. \nvenery (ven-d-ree). Archaic. 1. Hunting. 2. Sexual inter\ncourse. \nVenetian patent statute. Hist. A law enacted in Venice \nin 1474, giving an inventor the exclusive right to make \nand use an invention for 10 years. This was the first \nknown patent law, with procedures for securing and \nenforcing the inventor's right to exclude others from \nworking, using, or benefiting from the invention. \nvenia (vee-nee-d), n. [Latin] Hist. 1. A penitent's kneeling \nor assuming a prostrate position on the ground. 2. A \npardon. 3. The granting of a privilege. PI. veniae. \nvenia aetatis (vee-nee-d i-tay-tis). Roman & civil law. \nA privilege granted by a prince or sovereign by virtue \nofwhich an underage person is entitled to legally act \nand be treated as ifhe or she were offull age. \nvenial (vee-nee-dl), adj. (14c) (Of a transgression) forgiv\nable; pardonable. \nvenire (vd-nI-ree or -neer-ee or -nIr or -neer). (1807) 1. A \npanel ofpersons selected for jury duty and from among \nwhom the jurors are to be chosen. -Also termed array; \njury panel;jury pool. [Cases: Jury~'60-69.] \nspecial venire. A panel of citizens summoned when \nthere is an unexpected need for a larger pool from \nwhich to select jurors, or a panel summoned for a \nparticular (usu. capital) case. [Cases: Jury (;=e70.] \n2. VENIRE FACIAS. \n\n1695 \nvenire de novo. See venire facias de novo under VENIRE \nFACIAS. \nvenire facias (v;J-nI-ree [or -neer-ee or -nn or -neer] \nfay-shee-;Js). (ISc) A writ directing a sheriff to assemble \na jury. -Often shortened to venire. -Also termed \nvenire facias juratores (ju"}
{"text": "to assemble \na jury. -Often shortened to venire. -Also termed \nvenire facias juratores (juur-;J-tor-eez). [Cases: Jury \nP67.] \nvenire facias ad respondendum (ad ree-spon-den\nd;Jm). A writ requiring a sheriff to summon a person \nagainst whom an indictment for a misdemeanor has \nbeen issued. A warrant is now more commonly \nused. \nvenire facias de novo (dee or di noh-voh). (18c) A writ \nfor summoning a jury panel anew because of some \nimpropriety or irregularity in the original jury's \nreturn or verdict such that a judgment cannot be \nentered on it.  The result of a new venire is a new \ntrial. In substance, the writ is a motion for a new trial, \nbut when the party objects to the verdict because ofa \nprocedural error (and not an error on the merits), the \nform of motion was traditionally for a venire facias de \nnovo. -Often shortened to venire de novo. \nvenire facias tot matronas (tot m;J-troh-n;Js). A writ \nrequiring a sheriff to summon a jury of matrons to \nexecute a writ de ventre inspiciendo. See DE VENTRE \nINSPICIENDO. \nveniremember (v;J-nI-ree-mem-bJr or V;J-neer-ee- or \nv;J-neer-). (1966) A prospective juror; a member of a \njury panel. -Also termed venireman; venireperson; \ntalesman. See TALESMAN. \nvenit et defendit (vee-nit et di-fen-dit). [Latin] Comes \nand defends . The phrase appeared in old-style defen\nsive pleadings. \nvenit et dicit (vee-nit et dI-sit). [Latin] Comes and says . \nThe phrase appeared in old-style pleadings. Remnants \nof the phrase still occur in some American jurisdictions: \nNow comes the plaintiff, and respectfully says . ... \nvente (vawnt or vont). [French] French law. A sale; \ncontract of sale. \nvente aleatoire (a-IaY-;J-twahr). A sale subject to an \nuncertain event. \nvente aremere (ah ray-may-ray). A conditional sale, in \nwhich the seller reserves the right to redeem or repur\nchase the property at the same price . The term is \nused in Louisiana and in some parts of Canada. \nvente aux encheres (oh-zawn-shair). An auction. See \nAUCTION. \nventer (ven-tJr), n. [Latin \"womb\"] 1. The womb of a \nwife or mother. 2. One of two or more women who are \nsources of the same man's offspring. \n\"venter ... is a term nowadays considered objectionable, \nas it refers to the woman merely as the possessor of a birth \ncanal.\" Bryan A. Garner, A Dictionary ofModem Legal Usage \n910 (2d ed. 1995). \nventre inspiciendo. 1. See DE VENTRE INSPICIENDO;. 2. \nSee venire facias tot matronas under VENIRE FACIAS. veracity \nventure. (16c) An undertaking that involves risk; \nesp., a speculative commercial enterprise. Cf. JOINT \nVENTURE. \nventure capital. See CAPITAL. \nventurer, n. (16c) 1. One who risks something, and hopes \nto gain more, in a business enterprise. 2. One who par\nticipates in an association of two or more parties in a \nbusiness enterprise. See JOINT VENTURE. \nvenue (ven-yoo). [Law French \"coming\"] (16c) Procedure. \n1. The proper or a possible place for a lawsuit to proceed, \nusu. because the place has some connection either with \nthe events that gave rise to the lawsuit or with the plain\ntiffor defendant. [Cases: Federal Courts P71; Venue \nP 1.5.] 2. The territory, such as a country or other \npolitical subdivision, over which a trial court has juris\ndiction. Cf. JURISDICTION (1), (2). 3. Loosely, the place \nwhere a conference or meeting is being held. 4. In a \npleading, the statement establishing the place for trial. \n[Cases: Federal Courts P94.] 5. In an affidavit, the \ndesignation of the place where it was made. \n\"Venue must be carefully distinguished from jurisdiction. \nJurisdiction deals with the power of a court to hear and \ndispose of a given case; in the federal system, it involves \nquestions of a constitutional dimension concerning the \nbasic division of judicial power among the states and \nbetween state and federal courts. Venue is of a distinctly \nlower level of importance; it is simply a statutory device \ndesigned to facilitate and balance the objectives of \noptimum convenience for parties and witnesses and effi \ncient allocation of judicial resources.\" Jack H. Friedenthal \net aI., Civil Procedure  2.1, at 10 (2d ed. 1993). \n\"The distinction must be clearly understood between \njurisdiction, which is the power to adjudicate, and venue, \nwhich relates to the place where judicial authority may \nbe exercised and is intended for the convenience of the \nlitigants. It is possible for jurisdiction to exist though venue \nin a particular district is improper, and it is possible for a \nsuit to be brought in the appropriate venue though it must \nbe dismissed for lack ofjurisdiction. The most important \ndifference between venue and jurisdiction is that a party \nmay consent to be sued in a district that otherwise would \nbe an improper venue, and it waives its objection to venue \nif it fails to assert it promptly. This is in striking contrast to \nsubject-matter jurisdiction, which cannot be conferred by \nthe parties, if it has not been granted by Congress, whether \nby consent, waiver, or estoppel.\" Charles Alan Wright, The \nLaw ofFederal Courts  42, at 257 (5th ed. 1994). \nvenue, change of. See CHANGE OF VENUE. \nvenue facts. (1936) Facts that need to be pleaded or \nestablished in a hearing to determine whether venue \nis proper in a given court. [Cases: Federal Courts P \n96; Venue P68.] \nvenville (ven-vil), n. Hist. A tenure peculiar to the area of \nDartmoor forest in Devonshire, whereby tenants have \ncertain rights in the forest. \nveracious (v;J-ray-shJs), adj. (17c) Truthful; accurate. \nAlso termed veridical. \nveracity (v;J-ras-;Jt-ee), n. (17c) 1. Truthfulness <the \nwitness's fraud conviction supports the defense's chal\nlenge to his veracity>. 2. Accuracy <you called into \nquestion the veracity of Murphy's affidavit>. -vera\ncious (v;J-ray-sh;Js), adj. \n\nveray 1696 \nveray (va-ray), adj. [Law French] Hist. True. This word \nis an older form of the French vrai. \nverba (var-ba). [Latin] n. pI. Words -esp. oral as \nopposed to written words. \nverba concepta. 1. See FORMULA (1). 2. See FORMULAE. \nverba jactantia (var-ba jak-tan-shee-a). [Law Latin] Hist. \nBoastful words . These words -esp. in a marriage \ndeclaration -are not usu. binding. See JACTITATION \nOF MARRIAGE. \nverbal, adj. (15c) 1. Of, relating to, or expressed in words. \n2. Loosely, of, relating to, or expressed in spoken \nwords. \nverbal, n. English law. Slang. A statement, usu. oral and \noften incriminating, allegedly made by a criminal \ndefendant and offered as evidence against the defen\ndant at trial.  The term often implies that a police \nofficer inaccurately recorded or invented a defendant's \nstatement <the defense counsel challenged the verbals \npresented by the police>. \nverbal, vb. English law. Slang. To improperly pressure a \nperson to make a statement, esp. one that is damaging \nor false <the defendant recanted and claimed that he \nhad been verbaled>. \nverbal abuse. See ABUSE. \nverbal act. See ACT (2). \nverbal-act doctrine. (1901) The rule that utterances \naccompanying conduct that might have legal effect are \nadmissible when the conduct is material to the issue \nand is equivocal in nature, and when the words help \ngive the conduct its legal significance. [Cases: Criminal \nLaw (:::::>419(2.10); Evidence (:::::>267.] \nverbal contract. See parol contract (1) under CONTRACT. \nverbal note. Diplomacy. An unsigned memorandum \ninformally reminding an official ofa pending request, \nan unanswered question, or the like. \nvertical stare decisis. See STARE DECISIS. \nverbal will. See nuncupative will under WILL. \nverba precaria (var-ba pri-kair-ee-a). [Latin] Civil law. \n1. Precatory words. 2. Words oftrust; words ofrequest \nused in creating a trust. \nverba solennia (var-ba sa-Ien-ee-a). [Latin] Hist. Solemn \nwords; formal words. -Also termed verba solemnia \n(sa-Iem-nee-a). \nverbatim (var-bay-tam), adj. & adv. [fro Latin verbum \n\"word\"] Word for word. Courts have repeatedly \nheld that, in the context of the requirement that a trial \nrecord must be \"verbatim,\" absolute word-for-word \naccuracy is not necessary -and insubstantial omis\nsions do not make a transcript \"nonverbatim.\" [Cases: \nMilitary Justice 1354, 1356.] \nverbatim ac litteratim (var-bay-tim ak lit-a-ray-tim), \nadv. (var-bay-tim ak li-tar-ay-tim). [Latin] Word for \nword and letter for letter. -Also spelled verbatim ac \nliteratim; verbatim et literatim. -Also termed verbatim \net litteratim. verbi gratia (var-bI gray-shee-a). [Latin \"for example\"] \nWords for the sake of example. -Abbr. Y.G. \nverbruikleening (ver-bruuk-layn-ing), n. Roman Dutch \nlaw. A loan for use; COMMODATUM. \nverderer (var-dar-ar), n. [fr. French verdier \"caretaker \nof green things\"] Hist. A judicial officer who, being in \ncharge of the king's forest, is sworn to preserve the vert \n(foliage) and venison, to keep the assizes, and to view, \nreceive, and enroll attachments and presentments on \nmatters involving trespass. -Also spelled verderor. \n\"In all the forests there were a varying number of officers \n(usually four) elected in the county court, and styled Ver\nderers. Manwood says that they should be 'gentlemen of \ngood account, ability, and living, and well learned in the \nlaws of the forest: Their chief duty was to attend the forest \ncourts; they served gratuitously; and they were immedi\nately responsible to the crown. Possibly they were regarded \nas a check upon the Warden, as the coroner was upon the \nsheriff.\" 1 William Holdsworth, A History ofEnglish Law 96 \n(7th ed. 1956). \nverdict. (15c) 1. A jury's finding or decision on the \nfactual issues of a case. [Cases: Criminal Law (:::::> \n870-894; Federal Civil Procedure (:::::>2191; Trial ~ \n318.] 2. Loosely, in a nonjury trial, a judge's resolution \nof the issues of a case. [Cases: Federal Civil Procedure \n(:::::>2251; Trial ~387.] \nchance verdict. (1820) A now-illegal verdict, arrived \nat by hazard or lot. -Also termed gambling verdict; \nverdict by lot. [Cases: Criminal Law (:::::>798(2),866; \nFederal Civil Procedure ~1974.1; Trial (:::::>315.] \ncompromise verdict. (1851) A verdict reached when \njurors, to avoid a deadlock, concede some issues so \nthat other issues will be resolved as they want. [Cases: \nCriminal Law ~866; Federal Civil Procedure ~ \n1974.1; Trial ~315.] \ndefective verdict. (18c) A verdict on which a judgment \ncannot be based because of irregularities or legal \ninadequacies. \ndirected verdict. (1912) A ruling by a trial judge taking \na case from the jury because the evidence will permit \nonly one reasonable verdict. -Also termed instructed \nverdict. [Cases: Criminal Law ~753; Federal Civil \nProcedure ~2117; Trial ~167.] \nexcessive verdict. (1817) A verdict resulting from \nthe jury's passion or prejudice and thereby shocks \nthe court's conscience. [Cases: Damages (:::::> 127.9; \nFederal Civil Procedure (:::::>2194.1, 2345; New Trial \n(:::::>77(2).] \nfalse verdict. Archaic. A verdict so contrary to the \nevidence and so unjust that the judge may set it \naside. \ngambling verdict. See chance verdict. \ngeneral verdict. (17c) A verdict by which the jury finds \nin favor ofone party or the other, as opposed to resolv\ning specific fact questions. Cf. special verdict. [Cases: \nCriminal Law (:::::>881; Federal Civil Procedure (:::::> \n2191; Trial (:::::>318.] \n\n1697 \ngeneral verdict subject to a special case. Archaic. A \ncourt's verdict rendered without regard to the jury's \ngeneral verdict, given when a party does not want to \nput the legal question on the record but merely wants \nthe court to decide on the basis ofa written statement \nofall the facts in the case, prepared for the opinion of \nthe court by counsel on either side, according to the \nprinciples of a special verdict, whereupon the court "}
{"text": "of \nthe court by counsel on either side, according to the \nprinciples of a special verdict, whereupon the court \ndecides the special case submitted and gives judgment \naccordingly. \ngeneral verdict with interrogatories. (1878) A general \nverdict accompanied by answers to written inter\nrogatories on one or more issues offact that bear on \nthe verdict. [Cases: Federal Civil Procedure C:=>2211; \nTrial \nguilty verdict. (I8c) A jury's finding that a defendant is \nguilty of the offense charged. \ninstructed verdict. See directed verdict. \njoint verdict. (1825) A verdict covering two or more \nparties to a lawsuit. \nlegally inconsistent verdict. (1975) A verdict in which \nthe same element is found to exist and not to exist, as \nwhen a defendant is acquitted ofone offense and con\nvicted ofanother, even though the offenses arise from \nthe same set of facts and an element of the second \noffense requires proofthat the first offense has been \ncommitted. -Also termed legal inconsistency. Cf. \nrepugnant verdict. [Cases: Criminal Law C:=>878(4); \nFederal Civil Procedure Trial C:=>358.] \nmajority verdict. A verdict agreed to by all but one or \ntwo jury members. In some jurisdictions, a civil \nverdict supported by 10 of 12 jurors is acceptable. \n[Cases: Federal Civil Procedure Trial \n321.5.] \nopen verdict. A verdict ofa coroner's jury finding that \nthe subject \"came to his death by means to the jury \nunknown\" or \"came to his death at the hands of a \nperson or persons to the jury unknown.\"  This verdict \nleaves open either the question whether any crime was \ncommitted or the identity ofthe criminal. \npartial verdict. (1829) A verdict by which a jury finds \na criminal defendant not guilty ofsome charges and \nguilty ofother charges. \nperverse verdict. (1870) A juryverdict so contrary to \nthe evidence that it justifies the granting of a new \ntrial. [Cases: Federal Civil Procedure C:=>2338; New \nTrial <>68.1.] \nprivy verdict (priv-ee). Hist. A verdict given after the \njudge has left or adjourned the court, and the jury, \nhaving agreed, obtains leave to give its verdict pri\nvately to the judge out ofcourt so that the jurors can \nbe delivered from their confinement. -Such a verdict \nwas of no force unless afterwards affirmed in open \ncourt. 'Ihis practice has been superseded by that of \nrendering a sealed verdict. See sealed verdict. \npublic verdict. (17c) A verdict delivered by the jury in \nopen court. veredicto \nquotient verdict. (1867) An improper damage verdict \nthat a juryarrives at by totaling what each juror would \naward and dividing by the number ofjurors. [Cases: \nFederal Civil Procedure Trial C::>31S.] \nrepugnant verdict. (1883) A verdict that contradicts \nitselfin that the defendant is convicted and acquitted \nofdifferent crimes having identical elements . Some\ntimes the inconsistency occurs in a Single verdict \n(repugnant verdict), and sometimes it occurs in two \nseparate verdicts (repugnant verdicts). Both terms \nare used mainly in New York. Cf.legally inconsistent \nverdict. [Cases: Criminal Law C:=>878(4).] \nresponsive verdict. Civil law. A verdict that properly \nanswers the indictment with specific findings pre\nscribed by statute, the possible findings being guilty, \nnot guilty, and guilty ofa lesser included offense. \nsealed verdict. (18c) A written verdict put into a \nsealed envelope when the jurors have agreed on their \ndecision but court is not in session or the jury is con\ntinuing to deliberate other counts. Dpon delivering \na sealed verdict, the jurors may separate. When court \nconvenes again, this verdict is officially returned with \nthe same effect as ifthe jury had returned it in open \ncourt before separating. [Cases: Trial C:=>324.] \nspecial verdict. (I7c) A verdict in which the jurymakes \nfindings only on factual issues submitted to them by \nthe judge, who then decides the legal effect of the \nverdict. See Fed. R. Civ. P. 49. Cf. general verdict. \n[Cases: Criminal Law (,'=870; Federal Civil Proce\ndure C:=>2231; Trial \nsplit verdict. (1886) 1. A verdict in which one party \nprevails on some claims, while the other party prevails \non others. 2. Criminal law. A verdict finding a defen\ndant guilty on one charge but not guilty on another. \n[Cases: Criminal LawC=878.] 3. Criminal law. A \nverdict ofguilty for one defendant and of not guilty \nfor a codefendant. [Cases: Criminal Law (;::::>877.] \ntrue verdict. (16c) A verdict that is reached volun\ntarily -even if one or more jurors freely compro\nmise their views -and not as a result ofan arbitrary \nrule or order, whether imposed by the jurors them\nselves, the court, or a court officer. [Cases: Trial \n314,315.] \nverdict by lot. See chance verdict. \nverdict contrary to law. (18c) A verdict that the law \ndoes not authorize a jury to render because the con\nclusion drawn is not justified by the evidence. \nAlso termed wrong verdict. Cf. JURY NULLIFICATION. \n[Cases: Federal Civil Procedure C:=>2338; New Trial \nC:=>66.] \nverdict subject to opinion ofcourt. (1820) A verdict that \nis subject to the court's determination ofa legal issue \nreserved to the court upon the trial, so that judgment \nis ultimately entered depending on the court's ruling \non a point oflaw. [Cases: Judgment C='199(4).] \nwrong verdict. See verdict contrary to law. \nveredicto. See NON OBSTANTE VEREDICTO. \n\n1698 veredictum \nveredictum (ver-a-dik-tam), n. Hist. A verdict; a decla\nration of the truth ofa matter in issue, submitted to a \njury for trial. \nverge (varj), n. Hist. 1. The area within 12 miles of \nthe place where the king held his court and within \nwhich the king's peace was enforced. -This area was \ncommonly referred to as being in the verge. Ihe verge \ngot its name from the staff (called a \"verge\") that the \nmarshal bore. 2. The compass ofthe royal court, within \nwhich the lord steward and marshal ofthe king's house\nhold had special jurisdiction. Also termed (in senses \n1 & 2) Court ofVerge. 3. The neighborhood of White\nhall, the section ofLondon in which British government \noffices have traditionally been located. 4. An uncertain \nquantity ofland from 15 to 30 acres. 5. A stick or rod \nby which a person, after holding the stick and swearing \nfealty, is admitted as a tenant to a copyhold estate. \nAlso spelled virge. For tenant by the verge, see copy\nHOLDER. \nvergens ad inopiam (v<lr-jenz ad in-oh-pee-am), adj. \n[Latin \"verging on poverty\"] Civil law. Tending to \nbecome insolvent. \n\"When a debtor is clearly vergens ad inopiam, a creditor \nmay legally resort to certain measures, for the purpose \nof protecting his interests, which would not otherwise be \ncompetent to him. Thus if the debtor be bound under a bill, \nthe creditor may, in consideration of his debtor's circum \nstances, obtain a precept of arrestment on the bill before \nit becomes due, on which he may arrest any funds due to \nhis debtor. As this proceeding is only allowed, however, as \na protective measure ... he cannot ... render the arrested \nfunds available to himself until the bill falls due .... The \nfact of the debtor's being vergens ad inopiam will be \ninferred from different circumstances in different cases, \nand the proof of that fact will also, necessarily, be varied.\" \nJohn Trayner, Trayner's Latin Maxims 627 (4th ed. 1894). \nverger, n. One who carries a verge (a rod) as an emblem \nofoffice; esp., an attendant on a bishop or justice. \nveridical (va-rid-a-bl). See VERACIOUS. \nverification, n. (l6c) 1. A formal declaration made in \nthe presence ofan authorized officer, such as a notary \npublic, or (in some jurisdictions) under oath but not \nin the presence ofsuch an officer, whereby one swears \nto the truth of the statements in the document. -Tra\nditionally, a verification is used as a conclusion for all \npleadings that are required to be sworn. Cf. ACKNOWL\nEDGMENT (4). Also termed affidavit ofverification. \n[Cases: Acknowledgment <::'-\",8; Federal Civil Proce\ndure (:::J662; Pleading (:::J289-304.] 2. An oath or \naffirmation that an authorized officer administers to \nan affiant or deponent. 3. Loosely, ACKNOWLEDGMENT \n(5).4. See certified copy under COPY. 5. CERTIFICATE \nOF AUTHORITY (1). 6. Any act of notarizing. Cf. JURAT \n(1). verify, vb. verifier, n. \nverified copy. See certified copy under cOPY. \nverified non est factum. See ~Ol\\' EST FACTUM. \nverify, vb. 1. To prove to be true; to confirm or estab\nlish the truth or truthfulness of; to authenticate. 2. To \nconfirm or substantiate by oath or affidavit; to swear \nto the truth of. verily, adv. Archaic. Truly; in fact; certainly. \nveritas (ver-i-tas or -tahs), n. [Latin] 1. Truth. 2. (cap.) \nAn international institution of maritime underwrit\ners for the survey and rating of vessels. -Founded in \nBelgium in 1828, it moved to Paris in 1832 and has long \nbeen represented all over the world. -Also termed \nBureau Veritas. \nveritas convicii (ver-i-tas bn-vish-ee-I). [Law Latin] \nHist. The truth ofthe accusation. -The phrase appeared \nin reference to a defense in a defamation action. \nverity (ver-<1-tee). (14c) Truth; truthfulness; conformity \nto fact. \nvermenging(v<1r-meng-ing), n. [Dutch \"mingling\"] The \nextinction ofa debt when the debtor's and the creditor's \ninterests merge, as in a corporate merger. \nverna (v<lr-n<1). Hist. A slave born in the slaveholder's \nhouse. \nversans in illicito (v<lr-sanz in i-lis-i-toh). [Latin] Hist. \nEngaged in some unlawful occupation. \nversari (vdf-sair-I), vb. [Latin] I. To be employed. 2. To \nbe conversant \nversari in re illicita (var-sair-I in ree i-lis-a-ta). [Latin] \nTo be engaged in an unlawful activity (as a bar to a \nclaim for damages). \nversus, prep. (l5c) Against. Abbr. v.; vs. \nvert (vaet). Hist. 1. Anything that grows and bears green \nleaves within a forest. 2. A power, given by royal grant, \nto cut green wood in a forest \nvertical competition. See COMPETITION. \nvertical equality. In per capita distribution ofan estate, \nparity of distribution among children's families. See \nPER CAPITA. Cf. HORIZONTAL EQUALITY. \nvertical trust. Antitrust. A combination that gathers \ntogether under a single ownership a number of busi\nnesses or plants engaged in successive stages of pro\nduction or marketing. [Cases: Antitrust and Trade \nRegulation \nvertical union. See industrial union under UNION. \nverus (veer-<1s), adj. [Latin] True; truthful; genuine; \nactuaL \nvery heavy work. See WORK (1). \nVESA. abbr. VIDEO ELECTRONICS STA~DARDS ASSOCIA\nTION. \nvessel. A ship, brig, sloop, or other craft used -or capable \nof being used to navigate on water. -To qualify as \na vessel under the Jones Act, the structure's purpose \n\n1699 \nmust to some reasonable degree be to transport pas\nsengers, cargo, or equipment from place to place across \nnavigable waters. [Cases: Shipping (;::::> 1.] \n\"Despite the important role a 'vessel' plays in maritime \nlaw, there is no settled definition of the term. Congress \nhas defined a vessel as including 'every description of \nwatercraft or other artificial contrivance used, or capable \nof being used, as a means of transportation on water.' \n1 U.S.C.A.  3. The Supreme Court has defined vessels \nas 'all navigable structures intended for transportation.' \nCope v. Vallette Dry-Dock Co., 119 U.S. 625 (1887).\" Frank \nL Maraist, Admiralty in a Nutshell 14 (3d ed. 1996). \n\"The term vessel is defined in 1 U.S.c.  3 as follows: 'The \nword \"vessel\" includes every description of watercraft or \nother artificial contrivance used, or capable of being used, \nas a means of transportation on water.' This definition \nhas not been very influential in admiralty and maritime \ncases. Litigants contending for vessel status often invoke \nits remarkable breadth. Those opposing vessel status \ntypically respond, 'But the present context indicates oth \nerwise: When courts mention the definition favorably, it \nusually seems to be a makeweight argument.\" David W. \nRobertson, Steven F. Friedell & Michael F. Sturley, Admiralty \nand Maritime Law in the United States 59 (2001). \nforeign vessel. A vessel owned by residents of, or sailing \nunder the flag of, a foreign nation. [Cases: Shipping \nJones Act vessel. A vessel whose crew members can \nqualify as seamen under the Jones Act; esp., a craft \ndesigned or used for transporting cargo or people on \nnavigable waters, or that was being used for navig"}
{"text": "; esp., a craft \ndesigned or used for transporting cargo or people on \nnavigable waters, or that was being used for naviga\ntion at the time of a worker's injury. See JONES ACT. \n[Cases: Shipping \npublic vessel. A vessel owned and used by a nation or \ngovernment for its public service, whether in its navy, \nits revenue service, or otherwise. See PUBLIC VESSELS \nACT. [Cases: United States (;::::> 125(1 1).J \nseagoing vessel. A vessel that -considering its design, \nfunction, purpose, and capabilities is normally \nexpected both to carry passengers for hire and to \nengage in substantial operations beyond the boundary \nline (set by the Coast Guard) dividing inland waters \nfrom the high seas. -Typically excluded from the def\ninition are pleasure yachts, tugs and towboats, fishing \nboats, and other vessels that do not carry passengers \nfor hire. [Cases: Shipping C=c204.j \nseaworthy vessel. A vessel that can withstand the \nordinary stress ofthe wind, waves, and other weather \nthat seagOing vessels might ordinarily be expected \nto encounter. -In some legal contexts, the question \nwhether a vessel is seaworthy includes the question \nwhether it is fit to carry an intended cargo properly. \nUnder federal maritime law, a vessel's owner has the \nduty to proVide a crew with a seaworthy vessel. See \nSEAWORTHY. [Cases: Seamen Shipping \n121,207.J \nvest, vb. (l5c) 1. To confer ownership (of property) upon \na person. 2. To invest (a person) with the full title to \nproperty. 3. To give (a person) an immediate, fixed \nright of present or future enjoyment. 4. Hist. To put \n(a person) into possession of land by the ceremony of \ninvestiture. vesting. n. vestita manus \nvested, adj. (18c) Having become a completed, consum\nmated right for present or future enjoyment; not con\ntingent; unconditional; absolute <a vested interest in \nthe estate>. [Cases: Estates in Property C=.> 1.] \n\"[Ujnfortunately, the word 'vested' is used in two senses. \nFirstly, an interest may be vested In possession, when there \nis a right to present enjoyment, e.g. when I own and occupy \nBlackacre. But an interest may be vested, even where it \ndoes not carry a right to immediate possession, if it does \nconfer a fixed right of taking possession in the future.\" \nGeorge Whitecross Paton, A Textbook ofJurisprudence 305 \n(G.W. Paton & David P. Derham eds., 4th ed. 1972). \n\"A future interest is vested if it meets two requirements: \nfirst, that there be no condition precedent to the interest's \nbecoming a present estate other than the natural expira\ntion of those estates that are prior to it in possession; and \nsecond, that it be theoretically possible to identify who \nwould get the right to possession if the interest should \nbecome a present estate at any time.\" Thomas F. Bergin \n& Paul G. Haskell, Preface to Estates in Land and Future \nInterests 66-67 (2d ed. 1984). \nvested in interest. (I8c) Consummated in a way that \nwill result in future possession and use. -Reversions, \nvested remainders, and any other future use or execu\ntory devise that does not depend on an uncertain \nperiod or event are all said to be vested in interest. \n[Cases: Wills <>628-638.] \nvested in possession. (I8c) Consummated in a way that \nhas resulted in present enjoyment. \nvested estate. See ESTATE (I). \nvested gift. See GIFT. \nvested interest. See INTEREST (2). \nvested legacy. See LEGACY. \nvested ownership. See OWNERSHIP. \nvested pension. See PENSION. \nvested remainder. See REMAINDER. \nvested right. See RIGHT. \nvested-rights doctrine. Constitutional law. The rule that \nthe legislature cannot take away a right that has been \nvested by a court's judgment; specif., the principle that \nit is beyond the province of Congress to reopen a final \njudgment issued by an Article III court. -Also termed \ndoctrine ofvested rights. [Cases: Constitutional Law (;::::> \n2384,2630-2655.] \nvestigial words (ve-stij-ee-;ll). Statutory words and \nphrases that, through a succession of amendments, \nhave been made useless or meaningless. _ Courts do \nnot allow vestigial words to defeat the fair meaning of \na statute. \nvestigium (ve-stij-ee-Jm). Archaic. A vestige, mark, or \nsign; a trace, track, or impression left by a person or a \nphysical object. \nvesting order. (1873) A court order passing legal title in \nlieu ofa legal conveyance. \nvestita manus (ves-tI-tJ may-nJs), n. [Latin \"vested \nhand\"] Hist. The right hand used in the ceremony of \ninvestiture. \n\nvestita viro (ves-tHa vI-roh). [Law Latin] Hist. Clothed \nwith a husband. \n\"A married woman is said to be vestita viro, and so long as \nthis coverture exists her person cannot be attached on civil \ndiligence, unless that diligence proceeds upon a decree \nad factum praestandum, for the performance of some act \nwhich she is bound to perform, and which cannot be validly \nperformed except by herself, ex. gr., to enter the heir of \nher vassal, to produce or exhibit as a haver writings in her \nown custody, &c.\" John Trayner, Trayner's Latin Maxims \n628 (4th ed. 1894). \nvestitive fact (ves-ta-tiv). See dispositive fact (1) under \nFACT. \nvestitus et mundus muliebris (ves-tI-tas et m;m-das \nmyoo-lee-ee-bris). [Latin] Hist. A woman's wearing of \napparel and ornaments. \nvestry (ves-tree). Eccles. law. 1. The place in a church \nwhere the priest's robes are kept. -Also termed sacristy. \n2. An assembly of the minister, church wardens, and \nparishioners to conduct church business. \nvestry clerk. Eccles. law. An officer appointed to attend a \nvestry and to take minutes of the proceedings. \nvesture (ves-char). Hist. 1. The corn, grass, underwood, \nstubble, or other growth -apart from trees -that \ncovers the land. -Also termed vestura (ves-t[y]oor-a); \nvestura terrae (ter-ee); vesture ofland. 2. Seisin; inves\ntiture. \nveteran. A person who has been honorably discharged \nfrom military service. \nVeterans Administration. See DEPARTMENT OF VETERANS \nAFFAIRS. \nVeterans Affairs, Department of. See DEPARTMENT OF \nVETERANS AFFAIRS. \nVeterans Appeals, U.S. Court of. See UNITED STATES \nCOURT OF APPEALS FOR VETERANS CLAIMS. \nVeterans Benefits Administration. A unit in the US. \nDepartment ofVeterans Affairs responsible for advising \nand assisting veterans and their families who apply for \nveterans' benefits. [Cases: Armed Services (;:::J 102.] \nVeterans' Employment and Training Service. A unit \nin the U.S. Department of Labor responsible for \nadministering various programs relating to veterans' \nemployment and training. The agency protects the \nreemployment rights ofveterans and the employment \nand retention rights of members of the Reserve and \nNational Guard. Its regional administrators work with \nstate employment -security agencies and with recipients \nof grants under the Job Training Partnership Act to \nensure that veterans are provided the priority services \nrequired by law. -Abbr. VETS. \nVeterans Health Administration. A unit in the US. \nDepartment of Veterans Affairs responsible for pro\nviding hospital, nursing-home, and medical care to \neligible veterans of military service. [Cases: Armed \nServices (;:::J 102.] \nveteran's loan. See LOAN. \nvetera statuta (vet-a-ra sta-t[y]oo-tCl), n. pl. [Law Latin \n\"ancient statutes\"] The statutes from Magna Carta (1215) to the end of Edward II's reign (1327). -Also \ntermed antiqua statuta (an-tI-kwCl sta-t[y]oo-tCl). Cf. \nNOVA STATUTA. \nvetitive (vet-a-tiv), adj. Of, relating to, or having the \npower to veto. \nvetitum namium (vet-a-tClm nay-mee-am), n. [Law Latin \n\"a prohibited taking\"] Hist. See NAMIUM VETITUM. \nveto (vee-toh), n. [Latin \"I forbid\"] (17c) l. A power ofone \ngovernmental branch to prohibit an action by another \nbranch; esp., a chief executive's refusal to sign into law \na bill passed by the legislature. [Cases: Statutes (;:::J25.] \n2. VETO MESSAGE. PI. vetoes. -veto, vb. \nabsolute veto. (1852) An unrestricted veto that is not \nsubject to being overridden. \nitem veto. See line-item veto. \nlegislative veto. (1850) Hist. A veto allowing Congress \nto block a federal executive or agency action taken \nunder congressionally delegated authority. The \nSupreme Court held the legislative veto unconstitu\ntional in INS v. Chadha, 462 US. 919,103 S.Ct. 2764 \n(1983). See DELEGATION DOCTRINE. \nliberum veto (lib-ar-Clm). Hist. Formerly in Poland, the \nright of any single member of the diet to invalidate \na measure. \nlimited veto. See qualified veto. \nline-item veto. (1858) The executive's power to veto \nsome provisions in a legislative bill without affecting \nother provisions . The U.S. Supreme Court declared \nthe presidential line-item veto unconstitutional in \n1998. See Clinton v. City ofNew York, 524 U.S. 417,118 \nS.Ct. 2091 (1998). -Also termed item veto. [Cases: \nStatutes (;:::J33.] \nnegative veto. See qualified veto. \noverridden veto. (1971) A veto that the legislature has \nsuperseded by again passing the vetoed act, usu. by a \nsupermajority oflegislators . In the federal govern\nment, a bill vetoed by the President must receive a \ntwo-thirds majority in Congress to override the veto \nand enact the measure into law. [Cases: Statutes (;:::J \n35.] \npocket veto. (1842) A veto resulting from the President's \nfailure to sign a bill passed within the last ten days of \nthe congressional session. [Cases: Statutes (;:::J34.] \nqualified veto. (1853) A veto that is conclusive unless \noverridden by an extraordinary majority ofthe legis\nlature. This is the type ofveto power that the Presi\ndent ofthe United States has. -Also termed limited \nveto; negative veto. \nsuspensory veto (sCl-spen-sCl-ree). (1911) A veto that \nsuspends a law until the legislature reconsiders it and \nthen allows the law to take effect if repassed by an \nordinary majority. -Also termed suspensive veto. \nvetoer, n. One who vetoes. -Also termed vetoist. \nveto message. (1830) A statement communicating the \nreasons for the executive's refusing to sign into law a \n\n1701 \nbill passed by the legislature. -Sometimes shortened \nto veto. \nveto power. (1883) An executive's conditional power \nto prevent a bill that has passed the legislature from \nbecoming law. \nveto-proof majority. See MAJORITY. \nVETS. abbr. VETERANS' EMPLOYMENT AND TRAINING \nSERVICE. \nvetusjus (vee-t;)s jas). Roman & civil law. 1. The law ofthe \nTwelve Tables. See TWELVE TABLES. 2. Long-established \nor ancient law. 3. A law in force before the passage of \na later law. \nvex, vb. (1Sc) L To harass, disquiet, or annoy. 2. To cause \nphysical or emotional distress. -vexatious, adj. \nvexation, n. \nvexari (vek-sair-I), vb. [Latin] To be harassed, vexed, or \nannoyed. \nvexata quaestio (vek-say-ta kwes-chee-oh). See VEXED \nQUESTION. \nvexation. (lSc) The damage that results from trickery \nor malice. \nvexatious (vek-say-sh;)s), adj. (l6c) (Of conduct) without \nreasonable or probable cause or excuse; harassing; \nannoying. \nvexatious delay. An insurance company's unjustifiable \nrefusal to satisfy an insurance claim, esp. based on \na mere suspicion but no hard facts that the claim is \nill-founded. -Also termed vexatious refusal to pay; \nrefusal to pay. [Cases: Insurance C=3336.] \nvexatious lawsuit. See VEXATIOUS SUIT. \nvexatious litigant. See LITIGANT. \nvexatious proceeding. See VEXATIOUS SUIT. \nvexatious refusal to pay. See VEXATIOUS DELAY. \nvexatious suit. (17c) A lawsuit instituted maliciously \n.and without good grounds, meant to create trouble \nand expense for the party being sued. -Also termed \nvexatious lawsuit; vexatious litigation; vexatious pro\nceeding. Cf. MALICIOUS PROSECt:TION. [Cases: Action \nFederal Civil Procedure \nvexed question. (17e) 1. A question often argued about \nbut seemingly never settled. 2. A question or point that \nhas been decided differently by different tribunals and \nhas therefore been left in doubt. Also termed vexata "}
{"text": "question or point that \nhas been decided differently by different tribunals and \nhas therefore been left in doubt. Also termed vexata \nquaestio (vek-say-t~ kwes-tee-oh). \nv.g. abbr. VERBI GRATIA. \nvia (vI-a), n. [Latin \"way, road\"] Roman & civil law. 1. A \nroad, way, or right-of-way. \nvia publica (vI-a pab-li-ka). [Latin] Roman & civil law. \nA public way or road. The land itself belongs to the \npublic. \n2. Roman law. A type of rural servitude that gave the \nholder the right to walk, ride, or drive over anoth\ner's land; SERVITUS VIAE. It was broader than and \nincluded the servitus itineris and the servitus actus; that vicar \nis, via encompassed both iter (a footpath) and actus (a \ndriveway). 3. Civil law. The way in which legal proce\ndures are followed. \nvia executiva (VI-~ eg-zek-ya-tI-vd). Civil law. Execu\ntory process by which the debtor's property is seized, \nwithout previous citation, for some reason specified \nby law, usu. because ofan act or title amounting to a \nconfession ofjudgment. \nvia juris (VI-;) joor-is). [Latin] Hist. By means oflaw; \nby means oflegal process. \nvia ordinaria (VI-a or-di-nair-ee-a). Civil law. The \nordinary way or process by which a citation is served \nand all the usual forms oflaw are followed. \nvia action is (VI-;) ak-shee-oh-nis). [Latin] Hist. By way \nof an action. \nviable (vI-a-b~I), adj. (1832) 1. Capable ofliving, esp. \noutside the womb <a viable fetus>. 2. Capable of inde\npendent existence or standing <a viable lawsuit>. 3. \nCapable of succeeding <a viable option>. -viability \n(vI-d-bil-a-tee), n. \nviae servitus (vI-ee s;)r-va-tas). 1. See SERVITUS VIAE. \n2. See VIA (2). \nvia executiva. See VIA (3). \nviafacti (VI-a fak-tI), adv. [Law Latin \"by way ofdeed\"] \nBy force; in a forcible way. \nviagere rente. See RENTE VIAGERE. \nvia juris. See VIA (3). \nvia ordinaria. See VIA (3). \nvia publica. See VIA (1). \nvia regia (VI-~ ree-jee-~). [Latin \"the king's highway\"] \nHist. The highway or common road called the \"king's \nhighway\" because the king authorized and protected \nit. \nviatical settlement. See SETTLEMENT (3), \nviatication (vI-at-~-kay-sh;)n). [fr. Latin viaticus \"relating \nto a road or journey\"] The purchase ofa terminally or \nchronically ill policyholder's life insurance in exchange \nfor a lump-sum payment equal to a percentage of the \npolicy's full value. See viatical settlement under SETTLE\nMENT. \nviator (vI-ay-t<lr). 1. APPARITOR (1). 2. A terminally or \nchronically ill life-insurance policyholder who sells \nthe policy to a third party in return for a lump-sum \npayment equal to a percentage ofthe policy's face value. \n[Cases: Insurance C~\")1994.] \nviatorial privilege. See PRIVILEGE (1). \nvi aut clam (VI awt klam), adv. [Latin] Roman law. By \nforce or by stealth. \nvi aut metu (VI awt mee-t[y]oo), adv. [Latin] Hist. By \nforce or fear. \nvicar. 1. One who performs the functions of another; \na substitute. 2. The incumbent of an ecclesiastical \nbenefice. Cf. RECTOR. \n\n1702 vicarage \nvicarage (vik-Jr-ij). 1. The benefice of a vicar. 2. The \nhouse or household of a vicar. 3. VICARSHIP. \nvicar general. An ecclesiastical officer who helps the \nbishop or archbishop in the discharge ofhis office. \nvicarial tithe (vI-kair-ee-JI). See TITHE. \nvicarious (vI-kair-ee-Js), adj. (17c) Performed or suffered \nby one person as substitute for another; indirect; sur\nrogate. \nvicarious disqualification. See DISQUALIFICATION. \nvicarious exhaustion of remedies. See EXHAUSTION OF \nREMEDIES. \nvicarious infringement. See INFRINGEMENT. \nvicarious liability. See LIABILITY. \nvicarious performance. See PERFORMANCE. \nvicarious reduction to practice. See REDUCTION TO \nPRACTICE. \nvicarius apostolicus (vI-kair-ee-Js ap-Js-tahl-J-kJs), n. \n[Latin \"apostolic vicar\"] Eccles. law. An officer through \nwhom the Pope exercises authority in remote regions. \n This officer is sometimes sent with episcopal func\ntions into provinces where there is no bishop resident \nor where there has long been a vacancy in the see. \nvicarship. The office, function, or duty ofa vicar. -Also \ntermed vicarage. \nvice (VIS), n. (14c) 1. A moral failing; an ethical fault. \n2. Wickedness; corruption. 3. Broadly, any defect or \nfailing. \nvice (VI-see or VI-SJ), prep. (18c) In the place of; in the \nstead of. As a prefix, vice-(VIS) denotes one who takes \nthe place of. \nvice-admiral. Hist. A civil officer exercising admiralty \njurisdiction within a specific locale. \nvice-admiralty. 1. The office of a vice-admiral. 2. The \ndistrict over which a vice-admiral has jurisdiction. \nvice-admiralty court. Hist. A tribunal established in \nBritish possessions beyond the seas, with jurisdiction \nover maritime cases, including those related to prize . \n The governor of the colony, in the capacity of \"vice\nadmiral,\" exercised judicial authority in this court. \nvice-chamberlain. Hist. A great officer under the lord \nchamberlain . In the lord chamberlain's absence, the \nvice-chamberlain would control and command the \nofficers attached to the part of the royal household \ncalled the \"chamber.\" \nvice-chancellor. A judge appointed to act for the chan\ncellor, esp. in a chancery court. -Abbr. Vc. \nvice-comes (vI-sJ-koh-meez), n. [Law Latin] Hist. 1. \nVISCOUNT. 2. SHERIFF. -Also spelled vicecomes. \nvicecomes non misit breve. Hist. An entry in a continued \ncase's record noting that a sheriff has not yet returned \na writ. -Also written vice comes non misit breve; vice\ncomes non misit breve. \nvicecomital (vI-sJ-kom-J-tJI). See VICONTIEL. \nvice-comitissa (vI-sJ-kom-J-tis-J). See VISCOUNTESS. vice-commercial agent. See AGENT. \nvice-consul. A consular officer subordinate to a consul; \nesp., one who is substituted temporarily to fill the place \nof a consul who is absent or has been relieved from \nduty. [Cases: Ambassadors and Consuls C=>1-8.] \ncareer vice-consul. A vice-consul who is a member of \nthe Foreign Service. -Also termed vice-consul of \ncareer. \nnoncareer vice-consul. A vice-consul who is not a \nmember ofthe Foreign Service and who is appointed \nwithout examination. \nvice crime. See CRIME. \nvice-dominus episcopi (vI-sJ-dom-J-nJs J-pis-kJ-pI). 1. \nA vicar general. 2. A commissary of a bishop. \nvicegerent (vIs-jeer-Jnt). A deputy; lieutenant. \nvice-governor, n. A deputy or lieutenant governor. \nvice-judex (vIs-joo-deks). Hist. A deputy judge. \nvice-marshal. An officer appointed to assist the earl \nmarshal. See EARL MARSHAL OF ENGLAND. \nvicem fructuum obtinere (vI-sem fnk-choo-Jm ob-ti\nnee-ree). [Latin] Hist. To take the place offruits. The \nphrase typically referred to interest as the produce of \nmoney. \nvice president, n. (16c) 1. An officer selected in advance \nto fill the presidency if the president dies, resigns, is \nremoved from office, or cannot or will not serve . The \nVice President ofthe United States, who is elected at the \nsame time as the President, serves as presiding officer of \nthe Senate but may cast a vote only to break a tie. On the \ndeath, incapacity, resignation, or removal ofthe Presi\ndent, the Vice President succeeds to the presidency. \n2. A corporate officer of mid-level to high rank, usu. \nhaving charge of a department. -Abbr. VP.; VP. \nAlso written vice-president. [Cases: United States C=> \n26.] -vice presidency, n. -vice-presidential, adj. \nvice principal. See FELLOW-SERVANT RULE. \nviceregent, n. 1. A deputy regent; esp., one who acts in \nthe place of a ruler, governor, or sovereign. 2. More \nbroadly, an officer deputed by a superior or by proper \nauthority to exercise the powers ofthe higher authority; \none with delegated power. \nviceroy, n. The governor of a kingdom or colony, who \nrules as the deputy of a monarch. -viceroyal, vice\nregal, adj. \nvice-sheriff. See deputy sheriff under SHERIFF. \nvice-treasurer, n. A deputy or assistant treasurer. \nvicinage (vis-J-nij). [Law French \"neighborhood\"] (14c) \n1. Vicinity; proximity. 2. The place where a crime is \ncommitted or a trial is held; the place from which jurors \nare to be drawn for trial; esp., the locale from which \nthe accused is entitled to have jurors selected. -Also \ntermed vicinetum (vis-<l-nee-tJm). [Cases: Criminal \nLaw C=> 108; Jury C=>33(3).] \n\"Whereas venue refers to the locality in which charges will \nbe brought and adjudicated, vicinage refers to the locality \nfrom which jurors will be drawn.... The vicinage concept \n\n1703 \nrequires that the jurors be selected from a geographi\ncal district that includes the locality of the commission \nof the crime, and it traditionally also mandates that such \ndistrict not extend too far beyond the general vicinity of \nthat locality.\" Wayne R. LaFave & Jerold H. Israel, Criminal \nProcedure  16.1, at 738-39 (2d ed. 1992). \n3. A right of common that neighboring tenants have \nin a barony or fee. \nvicious animal. See ANIMAL. \nvicious intromission. See vitious intromission under \nINTROMISSION. \nvicious propensity. (1835) An animal's tendency to \nendanger the safety ofpersons or property. See vicious \nanimal under ANIMAL. [Cases: Animals (>66.2, \n66.5(2).] \nvicontiel (vI-kon-tee-;:ll), adj. (l7c) 1. Ofor relating to a \nviscount. 2. Of or relating to a sheriff. Also spelled \nvicountiel. Also termed vicecomital. \nvicontiel rent. Rist. Rent that a viscount or sheriff pays \nfor the use ofa royal farm. \nvicontiels (vl-kon-tee-alz). Rist. 1. Money payable by a \nviscount or sheriff to the Crown. 2. Vicontiel rents. \nvicontiel writ. See WRIT. \nvictim, n. (I5c) A person harmed by a crime, tort, or \nother wrong. -victimize, vb. victimization, n. \nvictim allocution. See ALLOCUTION. \nvictim-impact statement. (1981) A statement read into \nthe record during sentencing to inform the judge or jury \nof the financial, physical, and psychological impact of \nthe crime on the victim and the victim's family. [Cases: \nSentencing and Punishment C=>361, 1763.] \nvictimless crime. See CRIME. \nvictim-precipitated homicide. See HOMICIDE. \nvictim-related adjustment. An increase in punishment \n. available under federal sentencing gUidelines when the \ndefendant knew or should have known that the victim \nbore a particular characteristic -e.g., the victim was \nunusually vulnerable (because ofage or condition) - or \nwas otherwise particularly susceptible to the criminal \nconduct. See USSG  3Al.l, 1.2. [Cases: Sentencing \nand Punishment \nVictims of Child Abuse Laws. An organization of \npersons who claim to have been wrongly accused of \nsexually abusing children. Abbr. VOCAL. Cf. FALSE \nMEMORY SYNDROME FOUNDATION. \nvictualer (vit-al-ar). Rist. 1. A person authorized by \nlaw to keep a house of entertainment for the public; a \npublican. [Cases: Public Amusement and Entertain\nment C-~16.] 2. A person who serves food or drink \nprepared for consumption on the premises. Also \nspelled victualler. [Cases: Food C=>0.5, 3.J \nvictual rent (vit-[a]I). Scots law. A rent paid in grain or \nits monetary equivalent. \nvictus (vik-ti3s). Civil law. Sustenance; support; a means \nofliving. vietarmis \nvidame (vee-dam), [FrenchJ Hist. In French feudal law, \nan officer who represented the bishop. Over time, \nthese officers erected their offices into fiefs and became \nfeudal nobles, such as the vidame ofChartres, Rheims, \netc. They continued to take their titles from the seat of \nthe bishop whom they represented, even though the \nlands held by virtue oftheir fiefs might be situated else\nwhere. \nvide (vI"}
{"text": "they represented, even though the \nlands held by virtue oftheir fiefs might be situated else\nwhere. \nvide (vI-dee also vee-day). [Latin] See. This is a citation \nsignal still seen in some texts, esp. in the abbreviated \nfOfm q.v. (quod vide \"which see\"). Vide ante or vide \nsupra refers to a previous passage in a text; vide post or \nvide infra refers to a later passage. \nvidelicet (vi-del-;:l-set or -sit). [Latin] (ISc) To wit; that is \nto say; namely; SCILICET. The term is used primarily \nto point out, particularize, or make more specific what \nhas been previously stated in general (or occas. obscure) \nlanguage. One common function is to state the time, \nplace, or manner when that is the essence ofthe matter \nat issue. -Abbr, viz. See VIZ. \nVideo Electronics Standards Association. A nonprofit \norganization that promotes and develops industry-wide \nstandards for computers to ensure interoperability, and \nencourage innovation and market growth. Abbr. \nVESA. \nvideo piracy. See PIRACY (3). \nVideo Privacy Protection Act. A federal statute that bars \nvideo stores from disclosing to third parties the names \nofcustomers' rentals. 18 USCA  2710. \nvidimus (vid-a-mi3s), n. [Latin \"we have seen\"] 1. An \ninspection ofdocuments, etc. 2. An abstract, syllabus, \nor summary. 3. An attested copy of a document. 4. \nINSPEXIMUS. \nVidi scivi et audivi (vl-dI SI-VI et aw-dl-vI). Hist. I saw, \nknew, and heard. This was formerly an essential part \nofthe notary's docket attached to the end ofan instru\nment of seisin, by which the notary claimed to have \nbeen personally present on the ground when seisin \nwas given and thus to have known the facts to be true \nby having heard the words spoken and seen the acts \ndone, \nvidua regis (vij-oo-i3 ree-jis), n. [Latin]!. The widow of \nthe king. 2. The widow ofa tenant in capite. In sense \n2, she was so called because she was not allowed to \nmarry a second time without the king's permission. \nShe obtained her dower from the king, who was her \npatron and defender. \nviduitatis professio (va-d[y]oo-a-tay-tis pra-fes[hJ\nee-oh), n. [Latin] Rist. A woman's solemn act of pro\nfessing that she will live as a single, chaste woman. \nviduity (vi-dfy]oo-a-tee). Archaic. Widowhood. \nvie (vee). [French] Life . The term occurs in such Law \nFrench phrases as cestui que vie and pur autre vie. \nvi et armis (VI et ahr-mis). [Latin) Hist. By or with force \nand arms, See trespass vi et armis under TRESPASS. \n\"The words 'with force and arms,' anciently 'vi et armis,' \nwere, by the common law, necessary in indictments for \n\noffences which amount to an actual disturbance of the \npeace, or consist, in any way, of acts of violence; but it \nseems to be the better opinion, that they were never neces\nsary where the offence consisted of a cheat, or non-fea\nzance, or a mere consequential injury.\" 1 Joseph Chitty, A \nPractical Treatise on the Criminal Law 240 (2d ed. 1826). \n\"vi et armis . .. was a necessary part of the allegation, in \nmedieval pleading, that a trespass had been committed \nwith force and therefore was a matter for the King's Court \nbecause it involved a breach of the peace. In England, the \nterm survived as a formal requirement of pleading until \n1852.\" Bryan A. Garner, A Dictionary ofModem Legal Usage \n916 (2d ed. 1995). \nview, n. 1. The common-law right of prospect -that \nis, an outlook from the windows of one's house. 2. An \nurban servitude that prohibits the obstruction of the \noutlook from a person's house. [Cases: Adjoining Land\nowners 10; Easements 011, 19,45.] 3. A jury's \ntrip to inspect a place or thing relevant to the case it is \nconsidering; the act or proceeding by which a tribunal \ngoes to observe an object that cannot be produced \nin court because it is immovable or inconvenient to \nremove. The appropriate procedures are typically \nregulated by state statute. At common law, and today \nin many civil cases, the trial judge's presence is not \nrequired. The common practice has been for the jury \nto be escorted by \"showers\" who are commissioned for \nthis purpose. Parties and counsel are generally permit\nted to attend, although this is a matter typically within \nthe trial judge's discretion. Cf. VIEW OF AN INQUEST. \nCriminal Law Federal Civil Procedure \nTrial 4. In a real action, a defendant's \nobservation ofthe thing at issue to ascertain its identity \nand other circumstances surrounding it. Cf. DEMAND \nOF VIEW. \nviewer. (15c) A person, usu. one ofseveral, appointed by \na court to investigate certain matters or to examine a \nparticular locality (such as the proposed site of a new \nroad) and to report to the court. \nview ofan inquest. (1837) A jury's inspection ofa place \nor property to which an inquiry or inquest refers. Cf. \nVIEW (3). \nview of frankpledge. Rist. The twice-yearly gathering \nand inspection of every freeman within the district who \nwas more than 12 years old to determine whether each \none had taken the oath of allegiance and had found \nnine freeman pledges for his peaceable demeanor. See \nFRANKPLEDGE. \nviewpoint discrimination. See DISCRIMINATION. \nviewpoint-neutral. See NEUTRAL. \nvif-gage (veef-gayj or vif-). [Law French] See vadium \nvivum under VADIUM. \nvigil. Eccles. law. The day before any solemn feast. \nvigilance. (16c) Watchfulness; precaution; a proper \ndegree of activity and promptness in pursuing one's \nrights, in guarding them from infraction, and in dis\ncovering opportunities for enforcing one's lawful \nclaims and demands. vigilant, adj. (15c) Watchful and cautious; on the alert; \nattentive to discover and avoid danger. \nvigilante (vij-a-Ian-tee). (1856) A person who seeks to \navenge a crime by taking the law into his or her own \nhands. \nvigilantism (vij-a-lan-tiz-dm). The act of a citizen who \ntakes the law into his or her own hands byapprehend\ning and punishing criminals. \nviis et modis (VI-is et moh-dis). [Latin] Eccles. law. By all \nways and means . In ecclesiastical courts, service ofa \ndecree or citation viis et modis is equivalent to substi\ntuted service in temporal courts. It requires posting of \na notice where a person is likely to be found. This type \nof service is contrasted with personal service. \nvi laka amovenda. See DE VI LAICA AMOVENDA. \nvill (viI). Rist. 1. A part into which a hundred or wapen\ntake was divided. 2. A town or village. \nvillage. 1. Traditionally, a modest assemblage of houses \nand buildings for dwellings and businesses. 2. In some \nstates, a municipal corporation with a smaller popu\nlation than a city. Also termed (in sense 2) town; \nborough. [Cases: Municipal Corporations \nvillanis regis subtractis reducendis (vi-Iay-nis ree-jis \nsdb-trak-tis ree-d[y]oo-sen-dis), n. [Latin \"for return\ning the king's villeins who have been removed\"] Hist. \nA writ that lay for the bringing back of the king's \nbondmen who had been carried away by others out of \nhis manors, where they belonged. \nvillanum servitium (vi-lay-ndm sdr-vish-ee-<lm), n. \n[Latin] Rist. See VILLEINAGE. \nvillein (vil-<ln). Hist. A person entirely subject to a lord \nor attached to a manor, but free in relation to all others; \na serf. -At the time of the Domesday Inquest (shortly \nafter the Norman Conquest), about 40% of house\nholds were marked as belonging to villeins: they were \nthe most numerous element in the population. \nCf. FREEMAN. \nvillein in gross. A villein who was annexed to the \nperson ofthe lord, and transferable by deed from one \nowner to another. \nvillein regardant (ri-gahr-ddnt). A villein annexed to \nthe manor ofland_ \nvilleinage (vil-d-nij). Hist. 1. The holding of property \nthrough servitude to a feudal lord; a servile type of \ntenure in which a tenant was obliged to render base \nservices to a lord. Cf. KNIGHT SERVICE; SOCAGE. 2. A \nvillein's status, condition, or service. Also spelled \nvillenage; villainage; villanage. Also termed villein \ntenure. \n\"The typical tenant in villeinage does not know in the \nevening what he will have to do in the morning.. . [Tl \nhere is a large element of real uncertainty; the lord's will \ncounts for much; when they go to bed on Sunday night \nthey do not know what Monday's work will be; it may be \nthreshing, ditching, carrying: they cannot tell. This seems \nthe point that is seized by law and that general opinion of \nwhich law is the exponent: any considerable uncertainty \nas to the amount or kind of the agricultural services makes \nthe tenure unfree. The tenure is unfree, not because the \n\n1705 \ntenant 'holds at the will of the lord,' in the sense of being \nremovable at a moment's notice, but because his services, \nthough in many respects minutely defined by custom, \ncannot be altogether defined without frequent reference \nto the lord's will.\" 1 Frederick Pollock & Frederic William \nMaitland, History ofEnglish Law Before the Time ofEdward \n1371 (2d ed. 1898). \n\"At the lower level the services were not always defined. \nThe duties of the peasant were chiefly agricultural. Ifthey \nwere unfixed, so that the lord might in theory demand all \nmanner of work, the tenure was 'unfree' and was called vil\nleinage.\" J,H. Baker, An Introduction to English Legal History \n260 (3d ed. 1990). \nprivileged villeinage. Villeinage in which the services \nto be performed were certain, though of a base and \nservile nature. \npure villeinage. Villeinage in which the services were \nnot certain, but the tenant was obliged to do whatever \nhe was commanded whenever the command came. \nvillein in gross. See VILLEIN. \nvillein regardant. See VILLEIN. \nvillein service. Hist. A base service that a villein per\nformed, such as working on the lord's land on certain \ndays of the week (usu. two to four) . These services \nwere not considered suitable to a man of free and hon\norable rank. Also termed villein servitium. See WEEK\nWORK. \nvillein socage (sok-ij). See SOCAGE. \nvillenous judgment (vil-;,-n;,s). Hist. A judgment that \ndeprived a person of his Libera lex, as a result ofwhich \nhe was discredited and disabled as a juror and witness, \nforfeited his goods and chattels and land, had his houses \nrazed and trees uprooted, and went to prison. Also \nspelled villainous judgment. \nvinagium (vi-nay-jee-dm). A payment in kind ofwine \nas rent for a vineyard. \nvinculacion (vin-koo-Iah-syohn). Spanish law. A linking \n, or encumbering; esp., an entail. \nvinculo (ving-ky;,-loh), n. [Latin \"by bond\"] Spanish law. \n1. A tie or bond; esp., the bond of marriage. See divorce \na vinculo matrimonii under DIVORCE. 2. An entail. \nvinculum juris (ving-ky;,-l;,m joor-is). [Latin \"a bond \nof the law\"] Roman law. The tie that legally binds one \nperson to another; legal bond; obligation. Cf. SOLUTIO \nOBLIGA TIONIS. \nvinculum personarum ab eodem stirpite descendentium \n(ving-ky;,-I;,m pdr-Sd-nair-dm ab ee-oh-d;,m stI-pa\ntee dee-sen-den-shee-am). [Law Latin] Iiist. The bond \nuniting persons descended from the same stock. \nvindex (vin-deks), n. [Latin] Civil law. One who guaran\nteed the appearance of a defendant in court on pain of \nbeing liable for the judgment debt. \nvindicare (vin-di-kair-ee), vb. [Latin \"to claim or chal\nlenge\"] Roman law & Hist. To demand as one's own; \nto assert a right in or to (a thing); to assert or claim \nownership of (a thing). \nvindicate, vb. (l6c) 1. To clear (a person or thing) from \nsuspicion, criticism, blame, or doubt <DNA tests violence \nvindicated the suspect>. 2. To assert, maintain, or \naffirm (one's interest) by action <the claimants sought \nto vindicate their rights through a class-action suit>. \n3. To defend (one's interest) against interference or \nencroachment <the borrower vindicated its interest in \ncourt when the lender tried to foreclose>. 4. Roman \n& civil law. To assert a legal right to (a thing); to seek \nrecovery of (a thing) by legal process <Antony Hon\noratus attempted to vindicate the sword he had lent his \ncousin>. -vindication, n. -vindicator, n. \nvindicatio (vin-di-kay-shee-oh), n. [Latin \"claim\"] \nRoman law. 1. An action by the owner to claim \nproperty. \nvindicatio servitutis (vin-di-kay-shee-oh sdr-v;,-t[y] \noo-tis). [Latin \"claim of servitude\"] Roman"}
{"text": "-shee-oh sdr-v;,-t[y] \noo-tis). [Latin \"claim of servitude\"] Roman law. An \naction against the owner ofland over which the plain\ntiff claims that a servitude exists. Also termed actio \nconfessoria. \n2. The claiming of a thing as one's own; the assertion \nof a right in or title to a thing. PI. vindicationes (vin\ndi-kay-shee-oh-neez). \nvindicatory part (vin-dd-ka-tor-ee), (1881) The portion \nof a statute setting forth the penalty for committing a \nwrong or neglecting a duty. \nvindicta (vin-dik-ta), n. Roman law. 1. A rod or wand. \n2. The assertion of freedom or ownership by sym\nbolically touching the person or thing with a rod. See \nFESTUCA. \nvindictive damages. See punitive damages under \nDAMAGES. \nvindictive prosecution (vin-dik-tiv). See PROSECU\nTION. \nviol (vyohl), n. [French] French law. Rape; indecent \nassault. \nviolation, n. (I5c) 1. An infraction or breach of the law; \na transgression. See INFRACTION. 2. The act of breaking \nor dishonoring the law; the contravention of a right or \nduty. 3. Rape; ravishment. 4. Under the Model Penal \nCode, a public-welfare offense . In this sense, a viola\ntion is not a crime. See Model Penal Code  1.04(5). \nviolate, vb. violative (vI-a-lay-tiv), adj. -violator, \nn. \nviolation warrant. See WARRANT (1). \nviolence. (14c) The use of physical force, usu. accompa\nnied by fury, vehemence, or outrage; esp., physical force \nunlawfully exercised with the intent to harm. Some \ncourts have held that violence in labor disputes is not \nlimited to physical contact or injury, but may include \npicketing conducted with misleading signs, false state\nments, erroneous publicity, and veiled threats by words \nand acts. \ndomestic violence. 1. Violence between members of a \nhousehold, usu. spouses; an assault or other violent \nact committed by one member of a household \nagainst another. See BATTERED-CHILD SYNDROME; \nBATTERED-WOMAN SYNDROME. [Cases: Assault and \nBattery (;:=>48.]2. The infliction ofphysical injury, or \n\n1706 Violence Against Women Act \nthe creation of a reasonable fear that physical injury \nor harm will be inflicted, by a parent or a member or \nformer member ofa child's household, against a child \nor against another member ofthe household. -Also \ntermed domestic abuse;family violence. 3. Archaic. \nInsurrection or unlawful force fomented from within \na country. \nViolence Against Women Act. A federal statute that \nestablished a federal civil-rights action for victims \nof gender-motivated violence, without the need for \na criminal charge. 42 USCA  13981. -In 2000, the \nSupreme Court invalidated the statute, holding that \nneither the Commerce Clause nor the Enforcement \nClause of the 14th Amendment authorized Congress \nto enact the civil-remedy provision ofthis Act. United \nStates v. Morrison, 120 S.Ct. 1740 (2000). -Abbr. \nVAWA. [Cases: Civil Rights (;=:1035.] \nviolent, ad). (14c) 1. Of, relating to, or characterized \nby strong physical force <violent blows to the legs>. \n2. Resulting from extreme or intense force <violent \ndeath>. 3. Vehemently or passionately threatening \n<violent words>. \nviolent crime. See CRIME. \nviolent death. See DEATH. \nviolent felony. See violent offense under OFFENSE (1). \nviolent offense. See OFFENSE (1). \nviolent profits. Scots law. Penal damages imposed against \na tenant who refused to surrender rented property to \nthe landlord. \nvir (veer), n. [Latin] 1. An adult male; a man. 2. A \nhusband. _ In the Latin phrases and maxims that once \npervaded English law, vir generally means \"husband,\" \nas in the expression vir et uxor (husband and wife). See \nET VIR. Cf. UXOR. \nvires (vI-reez), n. (18c) 1. Natural powers; forces. 2. \nGranted powers, esp. when limited. See ULTRA VIRES; \nINTRA VIRES. \nvir et uxor (veer et <lk-sor). [Latin] Husband and wife. \nvirga (v<lr-ga). Hist. A rod or staff; esp., a rod as an ensign \nof office. \nvirgata (var-gay-ta). 1. A quarter of an acre ofland. See \nACRE. 2. A quarter ofa hide ofland. See HIDE (1). \nvirgata regia (var-gay-t<l ree-jee-<l). [Latin \"king's verge\"] \nHist. The bounds ofthe king's household, within which \nthe court of the steward had jurisdiction. \nvirga terrae (var-ga ter-ee), n. [Latin \"branch ofland\"] \nHist. A variable measure ofland ranging from 20 to 40 \nacres. -Also termed virgata terrae. See YARDLAND. \nvirge. See VERGE. \nviridario eligendo (vir-<l-dair-ee-oh el-a-jen-doh). Hist. \nA writ for choice ofa verderer in the forest. \nvirile share. Civil law. An amount that an obligor owes \njointly and severally with another. La. Civ. Code art. \n1804. -Also termed virile portion. virtual adoption. See adoption by estoppel under \nADOPTION. \nvirtual child pornography. See PORNOGRAPHY. \nvirtual representation. See REPRESENTATION (3). \nvirtual-representation doctrine. (1945) The principle \nthat a judgment may bind a person who is not a party \nto the litigation ifone ofthe parties is so closely aligned \nwith the nonparty's interests that the nonparty has been \nadequately represented by the party in court. _ Under \nthis doctrine, for instance, a judgment in a case naming \nonly the husband as a party can be binding on his wife \nas welL See RES JUDICATA. [Cases: Judgment \nvirtue ethics. Ethics. An ethical theory that focuses on \nthe character of the actor rather than on the nature of \nthe act or its consequences. -This approach received its \nfirst and perhaps its fullest expression in the works of \nAristotle, esp. in his Ethics. Cf. CONSEQUENTIALISM. \nvirtute cujus (var-t[y]oo-tee k[y]oo-j<ls), adv. [Latin] Hist. \nBy virtue whereof. _ This phrase began the clause in a \npleading that attempted to justify an entry onto land \nby alleging that it was by virtue of an order from one \nentitled that the entry took place. \nvirtute officii (var-t[y]oo-tee a-fish-ee-I), adv. [Latin] \nHist. By virtue ofone's office; by the authority invested \nin one as the incumbent of a particular office. -An \nofficer acts virtute officii when carrying out some \nofficial authority as the incumbent ofan office. \nvis (vis). [Latin \"power\"] (I7c) 1. Any force, violence, or \ndisturbance relating to a person or property. \n\"Vis, as a legal term, was understood to denote the orga\nnizing and arming of tumultuous bodies of men for the \npurpose of obstructing the constituted authorities in \nthe performance of their duty, and thus interrupting the \nordinary administration of the laws. No such offence was \nrecognised by the Criminal Code until the last century of \nthe republic, when violent riots by hired mobs became so \nfrequent, that M. Plautius Silvanus, Tribune of the Plebs, \nS.c. 89, [secured the paSSing of] the lex P/autia de Vi, in \nterms of which, those convicted of such practices were \nbanished.\" William Ramsay, A Manual ofRoman Antiquities \n347 (Rodolfo Lanciani ed., 15th ed. 1894). \n2. The force oflaw. _ Thus vim habere (\"to have force\") \nis to be legally valid. PI. vires. \nvisa (vee-z<l). An official indorsement made on a passport, \nshowing that it has been examined and that the bearer \nis permitted to proceed; a recognition by the country \nin which a passport-holder wishes to travel that the \nholder's passport is valid. - A visa is generally required \nfor the admission of aliens into the United States. 8 \nUSCA  1181, 1184. -Also termed (archaically) vise \n(vee-zay or vi-zay). [Cases: Aliens, Immigration, and \nCitizenship <8::::> 170-207.] \nvis ablativa (vis ab-I<l-tI-V<l), n. [Latin \"ablative force\"] \nCivil law. Force exerted in taking something away from \nanother. Pl. vires ablativae. \nvis absoluta (vis ab-sa-loo-ta). Physical compulsion. \nThe difference is between compulsion of the will (vis \ncompulsiva) which results in an act though not of free \nvolition, and physical compulsion (vis absoluta) in which the \n\n1707 \nunavoidable movement is no act at all.\" Rollin M. Perkins & \nRonald N. Boyce, Criminal Law 1054-55 (3d ed. 1982). \nvis armata (vis ahr-may-t<'l). [Latin \"armed force\"] Hist. \nForce exerted by means ofweapons. Cf. VIS INERMIS. \nAlso termed armata vis. \nvis aut metus qui cadit in constantem virum (vis awt \nmee-t<'ls kWI kay-dit [or kad-itl in bn-stan-t<'lm \nVI-r<'lm). [Latin] Hist. A force or fear sufficient to \novercome a man of firmness and resolution. \nvis-a-vis (veez-<l-vee). [French \"face to face\"] (ISc) In \nrelation to; opposite to <the creditor established a pre\nferred position vis-a-vis the other creditors>. \nVisby, laws of. See LAWS OF VISBY. \nvis clandestina (vis klan-des-tI-n<ll, n. [Latin \"clandes\ntine force\") Hist. Force furtively used, esp. at night. \nvis compuisiva (vis kom-p<ll-SI-V<l), n. [Latin \"compul\nsive force\"] Hist. Force exerted to compel another to \ndo something involuntarily; menacing force exerted \nby terror. \nviscount (vI-kownt). 1. The title of the fourth rank of \nEuropean nobility. _ In the British peerage, viscount \nis placed between the dignity ofearl and baron. 2. Hist. \nA sheriff. \nviscountess (vI-kown-tisl_ 1. The wife of a viscount. \nAlso termed vice-comitissa. 2. A woman who holds the \nrank ofviscount in her own right. \nvis divina (vis di-Vl-n<l), n. Civil law. Divine or superhu\nman force; ACT OF GOD; VIS MAJOR. \nvise. See VISA. \nvis expulsiva (vis eks-pal-SI-V<'l), n_ [Latin \"expul\nsive force\"] Hist. Force used to expel or dispossess \nanother. \nvis exturbativa (vis eks-t<lr-b<l-tI-VJ), n. [Latin \"eliminat\ning force\"] Hist. Force used to thrust out another, esp. \nwhen two claimants are contending for possession. \nvis jluminis (vis floo-m<'l-nis), n. [Latin \"the force of a \nriver\"] Civil law. The force exerted by a stream or river; \nwaterpower. \nvisible, adj. 1. Perceptible to the eye; discernible by sight \n2_ Clear, distinct, and conspicuous. \nvisible crime. See street crime under CRIME. \nvisible means ofsupport. (1S46) An apparent method \nof earning a livelihood. -Vagrancy statutes have long \nused this phrase to describe those who have no osten\nsible ability to support themselves. \nvis illicita (vis il-lis-a-t;}). See VIS I:II\"fURIOSA. \nvis impressa (vis im-pres-<l), 11. [Latin \"impressed force\"] \nThe original act of force from which an injury arises, \nas distinguished from the proximate (or immediate) \nforce. \nvis inermis (vis in-.n-mis), n. [Latin] Unarmed force. \nCE VIS ARMATA. \nvis injuriosa (vis in-joor-ee-oh-s<'l), n. [Latin \"injuri\nous force\"] Hist. Wrongful force. -Also termed vis \nillicita. visitation order \nvis inquietativa (vis in-kwI-<l-t;}-tl-V<l), n. [Latin\" disqui\neting force\"] Civil law_ Force that prevents another from \nusing his or her possession quietly and in peace_ \nvisit, n. Int'llaw. A naval officer's boarding an ostensibly \nneutral merchant vessel from another state to exercise \nthe right of search. -This right is exercisable when \nsuspicious circumstances exist, as when the vessel is \nsuspected ofinvolvement in piracy. Also termed visi\ntation. See RIGHT OF SEARCH. [Cases: War and National \nEmergency (:::;::>20.J \nvisitation (viz-<l-tay-sh<ln). (14c) 1. Inspection; superin\ntendence; direction; regulation. 2. Family law. A rela\ntive's, esp. a noncustodial parent's, period of access to \na child. -Also termed parental access; access; parent\ning time; residential time. [Cases: Child Custody C=> \n175-231.] 3. The process ofinquiring into and correct\ning corporate irregularities. [Cases: Corporations \n394.]4. VISIT. \ngrandparent visitation. A grandparent's court\napproved access to a"}
{"text": "ations \n394.]4. VISIT. \ngrandparent visitation. A grandparent's court\napproved access to a grandchild. -The Supreme \nCourt recently limited a grandparent's right to have \nvisitation with his or her grandchild if the parent \nobjects, citing a parent's fundamental right to raise \nhis or her child and to make all decisions concerning \nthe child free from state intervention absent a threat \nto the child's health and safety. Troxel v. Granville, 530 \nU.S. 57, 120 S.Ct. 2054 (2000). [Cases: Child Custody \nrestricted visitation. See supervised visitation_ \nstepped-up visitation. Visitation, usu. for a parent who \nhas been absent from the child's life, that begins on a \nvery limited basis and increases as the child comes to \nknow the parent. -Also termed step-up visitation. \nsupervised visitation. Visitation, usu. court-ordered, \nin which a parent may visit with the child or children \nonly in the presence of some other individuaL _ A \ncourt may order supervised visitation when the \nvisiting parent is known or believed to be prone to \nphYSical abuse, sexual abuse, or violence. -Also \ntermed restricted visitation. [Cases: Child Custody \nvisitation books. Hist Books compiled by the heralds, \nwhen royal progresses were solemnly and regularly \nmade into every part of the kingdom, to inquire into \nthe state offamilies and to register whatever marriages \nand descents were verified to them upon oath. \nvisitation credit. Family law. A child-support reduction \nthat reflects the amount oftime the child lives with the \nnoncustodial parent. [Cases: Child Support (:::;::> 165.J \nvisitation order_ (1944) Family law. 1. An order estab\nlishing the visiting times for a noncustodial parent with \nhis or her child. [Cases: Child Custody C;>525.] 2. An \norder establishing the visiting times for a child and a \nperson with a significant relationship to the child. \nSuch an order may allow for visitation between (1) a \ngrandparent and a grandchild, (2) a child and another \nrelative, (3) a child and a stepparent, or (4) occasionally, \n\nvisitation right \na child and the child's psychological parent. -Also \ntermed access order. \nvisitation right. (1935) 1. Family law. A noncustodial \nparent's or grandparent's court-ordered privilege of \nspending time with a child or grandchild who is living \nwith another person, usu. the custodial parent.  The \nnoncustodial parent with visitation rights may some\ntimes be a parent from whose custody the child has \nbeen removed because of abuse or neglect. [Cases: \nChild Custody C=> 175-231,282.] 2. Int'llaw. A bel\nligerent nation's right to search a neutral vessel to find \nout whether it is carrying contraband or is otherwise \nengaged in nonneutral service . Ifthe searched vessel \nis doing either of these things, the searchers may seize \nthe contraband and carry out an appropriate punish\nment. -Also termed (in both senses) right ofvisita\ntion. \nvisitatorial (viz-;l-t;l-tor-ee-;ll), adj. Of or relating to \non-site inspection or supervision. Also termed visi\ntorial. \n\"To eleemosynary corporations, a visitatorial power is \nattached as a necessary incident .... [PJrivate and particu \nlar corporations, founded and endowed by individuals for \ncharitable purposes, are subject to the private government \nof those who are the effiCient patrons and founder. If there \nbe no visitor appointed by the founder, the law appoi nts \nthe founder himself, and his heirs, to be the VIsitors. The \nvisitatorial power arises from the property which the \nfounder assigned to support the charity; and as he is the \nauthor of the charity, the laws give him and his heirs a visi\ntatorial power; that is, an authority to inspect the actions \nand regulate the behaVior of the members that partake of \nthe charity. This power is judicial and supreme, but not \nlegislative.\" 2 James Kent, Commentaries on American Law \n*300-01 (George Comstock ed., 11th ed. 1866). \nvisitatorial power. See POWER (3). \nvisiting judge. See JUDGE. \nvisitor. 1. A person who goes or comes to a particular \nperson or place. \nbusiness visitor. See BUSI-:-.!ESS VISITOR. \n2. A person appointed to visit, inspect, inquire into, \nand correct corporate irregularities. [Cases: Corpora\ntions \nvisitorial. See VISITATORIAL. \nvisitorial power. See visitatorial power under POWER \n(3). \nvisitor ofmanners. A regarder's office in the forest. \nvis laica (vis laY-d-b), n. [Latin \"lay force\"] Hist. An \narmed force used in holding possession of a church. \nvis licita (vis liS-d-td), n. [Latin] Lawful force. \nvis major (vis may-j;lr), n. [Latin \"a superior force\"] (I7c) \n1. A greater or superior force; an irresistible or over\nwhelming force ofnature; FORCE MAJEURE. Cf. ACT OF \nGOD. 2. A loss resulting immediately from a natural \ncause without human intervention and that could not \nhave been prevented by the exercise ofprudence, dili\ngence, and care. -Also termed act of nature; act of \nprovidence; superior force; irresistible force; vis divina. 1708 \n[Cases: Carriers C=> 119; Negligence <'>::>440; Shipping \nC=> 120,179.] \nvis major naturae (vis may-jor nd-tyoor-ee). [Latin] Hist. \nThe superior force of nature. See FORCE MAJEURE. \nvisne (veen or veen-ee). [Law French fro Latin visnetuml \nNeighborhood; at common law, the district from which \njuries were drawn; VJCINAGE. \nvis perturbativa (vis p;lr-t;lr-bd-tI-Vd), n. [Latin \"per\nturbing force\"] Hist. Force used between persons con\ntending for possession of something. \nvis proxima (vis prahk-sd-m;l), n. [Latin \"proximate \nforce\"] Hist. Immediate force. \nvis simplex (vis sim-pleks), n. [Latin \"simple force\"] Hist. \nMere force; sheer force. \nVISTA (vis-t;l). abbr. (1964) Volunteers in Service to \nAmerica, a federal program established in 1964 to \nprovide volunteers to help improve the living condi\ntions of people in the poorest areas ofthe United States, \nits possessions, and Puerto Rico. [Cases: United States \nC=>82(4).] \nvi statuti (VI st,H[y]oo-tI). [Law Latin] Hist. By force of \nstatute. \nVisual Artists Rights Act. Copyright. A 1990 federal law \ngiving a visual artist nontransferable moral rights of \nintegrity and attribution in original and limited-edition \ncreations . Passed in order to meet Berne Convention \nstandards, the Act protects the original artist not the \nowner of the copyright -by granting some rights to \nprevent the work from being changed or destroyed, and \nby guaranteeing that the artist may claim authorship of \nthe original work but may deny authorship ifthe work \nis modified. 17 USC A  106A, 113. Abbr. VARA. \n[Cases: Copyrights and Intellectual Property \nvisus (vl-sas arvl-zas), n. [Latin] Hist. An inspection of \na place, person, or thing. See VIEW (3), (4). \nvital statistics. (1837) Public records usu. relating to \nmatters such as births, marriages, deaths, diseases, and \nthe like that are statutorily mandated to be kept by a \ncity, state, or other governmental division or subdivi- \nsion. _ On the admissibility ofvital statistics, see Fed. _ \nR. Evid. 803(9). [Cases: Health C='395.] \nvital term. Seefundamerltal term under TERM (2). \nvitiate (vish-ee-ayt), vb. (l6c) 1. To impair; to cause to \nhave no force or effect <the new statute vitiates any \ncommon-law argument that the plaintiffs might have>. \n2. To make void or voidable; to invalidate either com\npletely or in part <fraud vitiates a contract>. 3. To \ncorrupt morally <Mr. Lawrence complains that his \nchildren were vitiated by their governess>. vitia\ntion, n. -vitiator, n. \nvitilitigate (vit-d-lit-a-gayt), vb. [fro Latin vitilitigare \"to \nquarrel disgracefully\"] Archaic. To litigate merely from \nquarrelsome motives; to carryon a lawsuit in an unduly \ncontentious, wrangling way. -vitilitigation, n. vit\nilitigious (vit-d-li-tij-<:Is), adj. \nvitious intromission. See INTROMISSION. \n\n1709 \nvitium cierici (vish-ee-;Jm kler-;J-sI). [Latin] See clerical \nerror under ERROR. \nvitium reale (vish-ee-<1m ree-ay-Iee). [Latin \"true error\"] \nHist. & Scots law. A defect in a title that renders the \nmovable property nontransferable; speci., an inherent \nvice in the title ofanyone who holds a stolen thing, even \nif acquired honestly, so that the true owner can reclaim \nit. Cf. tABES REALIS QUAE REI INHAERET. \n\"A person who comes into possession of moveable property \nwithout any title to retain custody thereof is obliged \nto restore it to the person truly entitled to the posses\nsion thereof .... [P]roperty so acquired is affected by an \ninherent vitium reale which prevents the thief or fraudulent \nperson from conferring a good title on anyone, even a taker \nfrom him in good faith, who has given value and taken \nwithout notice of the thief's defective title; such a person \nmust return the property to the true owner, or pay compen\nsation therefor. ... An exception to the rule of vitium reale \nexists in the cases of money, bank-notes and negotiable \ninstruments ....\" 2 David M. Walker, Principles ofScottish \nPrivate Law: Law of Obligations 505-06 (1988). \nvitium scriptoris (vish-ee-<1m skrip-tor-is), n. [Latin \"the \nmistake ofa scribe\"] Hist. A clerical error in writing. \nvitricus (vi-tr<1-k<1s), n. [Latin] Hist. A stepfather. \nviva aqua (VI-V<1 ak-w<1), n. [Latin \"living water\"] Hist. \nRunning water; water that comes from a spring or \nfountain. \nviva pecunia (VI-V<1 pi-kyoo-nee-<1), n. [Latin \"living \nmoney\"] Hist. Cattle, which obtained this name during \nthe Saxon period, when they were received as money, \nusu. at regulated prices. \nviva voce (VI-Vd voh-see also vee-Vd voh-chay), adv. [Law \nLatin \"with living voice\"] (l6c) By word of mouth; \norally. In reference to votes, the term means a voice \nvote was held rather than a vote by ballot. In reference \nto the examination of witnesses, the term means that \noral rather than written testimony was taken. See voice \nvote under VOTE (4). [Cases: Elections C=214.] \nviva voce vote. See voice vote under VOTE (4). \nvivisection, n. 1. Physiological or pathological experi\nmentation on or investigation of living vertebrate \nanimals using procedures likely to cause severe pain. \n2. By extension, questioning or criticism that is intense, \nminute, and merciless. \nvivum vadium (vl-v;Jm vay-dee-dm). See vadium vivum \nunder VADIUM. \nviz. (viz). abbr. [Latin videlicet] (16c) Namely; that is to \nsay <the defendant engaged in fraudulent activities, \nviz., misrepresenting his gross income, misrepresenting \nthe value ofhis assets, and forging his wife's signature>. \nSee VIDELICET. \nvocabula artis (voh-kab-Y<1-ld ahr-tis), n. [Latin] Words \nofart. See TERM OF ART. \nVOCAL. abbr. VICTIMS OF CHILD ABUSE LAWS. \nvocare ad curiam (voh-kair-ee ad kyoor-ee-dm), vb. \n[Latin] To summon to court. \nvocatio in jus (voh-kay-shee-oh in jas). [Latin] Roman \nlaw. A plaintiff's oral summoning ofa defendant to go voidable \nbefore a magistrate . The vocatio in jus occurred when \nthe plaintiffwould summon the defendant in formal \nwords to accompany the plaintiff. \nvocation. A person's regular calling or business; one's \noccupation or profession. \nvociferatio (voh-sif-<1-ray-shee-oh), n. [Latin] Hist. An \noutcry; HUE AND CRY. \nvoco (voh-koh). [Latin \"I call\"] Hist. I summon; I vouch. \nSee VOCATIO IN JUS. \nVoconian law (v<1-koh-nee-in). See LEX VOCONIA. \nvoice exemplar. (1954) A sample ofa person's voice used \nfor the purpose of comparing it with a recorded voice \nto determine whether the speaker is the same person. \nAlthough voiceprint identification was formerly inad\nmissible, the trend in recent years has been toward \nadmissibility. See Fed. R. Evid. 901. [Cases: Criminal \nLaw C=339.6; Evidence C=150.] \nvoiceprint. (1962) A distinctive pattern of curved lines \nand whorls made by a machine that measures human \nvocal sounds for the purpose ofidentifying an individ\nual speaker.  Like fingerprints, voiceprints are thought \nto be unique to each person. [Cases; Criminal Law (;::J \n339.6; Evidence G-\"';"}
{"text": "to be unique to each person. [Cases; Criminal Law (;::J \n339.6; Evidence G-\"';:;) 150.] \nvoice vote. See VOTE (4). \nvoid, adj. (14c) 1. Of no legal effect; null. -The distinc\ntion between void and voidable is often of great practical \nimportance. Whenever technical accuracy is required, \nvoid can be properly applied only to those provisions \nthat are of no effect whatsoever -those that are an \nabsolute nullity. -void, avoid, vb. -voidness, n. \nfacially void. (1969) (Of an instrument) patently void \nupon an inspection of the contents. -Also termed \nvoid on itsface. \nvoid ab initio (ab i-nish-ee-oh). (17c) Null fro111 the \nbeginning, as from the first moment when a contract \nis entered into. - A contract is void ab initio ifit seri\nously offends law or public policy, in contrast to a \ncontract that is merely voidable at the election ofone \nparty to the contract. [Cases: Contracts (;::J98, 136.] \nvoidforvagueness. (1814) 1. (Ofa deed or other instru\nment affecting property) haVing such an insufficient \nproperty description as to be unenforceable. [Cases: \nDeeds (;::::;)37.] 2. (Of a penal statute) establishing \na requirement or punishment without specifying \nwhat is required or what conduct is punishable, and \ntherefore void because violative of due process. \nAlso termed void for indefiniteness. See VAGUE\"'ESS \nDOCTRINE. [Cases: Constitutional Law G-\"';:;)4506; \nCriminal Law C=13.1.] \n2. VOIDABLE. -Although sense 1 above is the strict \nmeaning ofvoid, the word is often used and construed \nas bearing the more liberal meaning of \"voidable.\" \nvoidable, adj. (15c) Valid until annulled; esp., (of a \ncontract) capable of being affirmed or rejected at the \noption of one of the parties. 1his term describes a \nvalid act that may be voided rather than an invalid act \n\n1710 voidable agreement \nthat may be ratified. Also termed avoidable. [Cases: \nContracts 136.] -voidability, n. \n\"Most of the disputed questions in the law of infancy turn \nupon the legal meaning of the word 'voidable' as applied to \nan infant's acts. The natural meaning of the word imports \na valid act which may be avoided, rather than an invalid \nact which may be confirmed, and the weight of authority \nas well as reason points in the same direction. Certainly, \n50 far as executed transfers of property are concerned \nthe authority of the decisions clearly supports this view.\" \n1 Samuel Williston, The Law Governing Sales of Goods  12, \nat 28 (3d ed. 1948). \n\"The promise of an infant surety is voidable as distin\nguished from void. The infant may expressly disaffirm \nor assert the defense of infancy when sued at any time \nbefore the expiration of a reasonable time after majority.\" \nLaurence P. Simpson, Handbook on the Law of Suretyship \n82 (1950). \nvoidance, n. (14c) The act of annulling, canceling, or \nmaking void. Also termed avoidance. \nvoid contract. See CONTRACT. \nvoid for indefiniteness. See void for vagueness under \nVOID. \nvoid for vagueness. See VOID. \nvoid-for-vagueness doctrine. 1. See VAGUENESS DOC\nTRINE. 2. See void for vagueness under VOID. \nvoid judgment. See JUDGMENT. \nvoid legacy. See LEGACY. \nvoid marriage. See MARRIAGE (1). \nvoid on its face. See facially void under VOlD. \nvoid process. See PROCESS. \nvoir dire (vwahr deer also vor deer or vor dIr), n. \n[Law French \"to speak the truth\"] (17c) 1. A prelimi\nnary examination of a prospective juror by a judge or \nlawyer to decide whether the prospect is qualified and \nsuitable to serve on a jury . Loosely, the term refers to \nthe jury-selection phase ofa trial. [Cases: Jury (:::::> 131.J \n2. A preliminary examination to test the competence \nof a witness or evidence. [Cases: Witnesses (:::::>77.] \n3. Hist. An oath administered to a witness requiring \nthat witness to answer truthfully in response to ques\ntions. -Also spelled voire dire. -Also termed voir dire \nexam; examination on the voir dire. -voir dire, vb. \nvoiture (vwah-t[y]oor), n. Carriage; transportation by \ncarriage. \nvolatile stock. See STOCK. volatility. In securities markets, the quality of having \nsudden and extreme price changes. \nvolens (voh-Ienz), adj. [Latin] (1872) Willing. See NOLENS \nVOLENS. \nvolenti non fit injuria (voh-Ien-tr non fit in-joor-ee-<l). \n[Law Latin \"to a willing person it is not a wrong,\" Le., \na person is not wronged by that to which he or she \nconsents] (17c) The principle that a person who know\ningly and voluntarily risks danger cannot recover for \nany resulting injury . This is the type of affirmative \ndefense that must be pleaded under Fed. R. Civ. P. \n8(c). -Often shortened to valenti. See ASSUMPTION OF \nTHE RISK. [Cases: Negligence Torts (:::::> 126.] \n\"[Tlhe maxim 'Volenti non fit injuria' ... is certainly of \nrespectable antiquity. The idea underlying it has been \ntraced as far back as Aristotle, and it was also recogn\nised in the works of the classical Roman jurists, and in \nthe Canon Law. In English law, Bracton in his De Legibus \nAngliae (ca. A.D. 1250-J258) uses the maxim, though not \nwith the technicality that attached to it later, and in a Year \nBook case of 1305 it appears worded exactly as it is now. \nSo far as actual citation of the maxim goes, most of the \nmodern cases use it in (onnexion with harm to the person \nrather than to property.\" P.H. Winfield, A Textbook of the \nLaw ofTort  13, at 24 (5th ed. 1950). \nvolition (va-lish-;m orvoh-), n. (17c) 1. The ability to \nmake a choice or determine something. 2. The act of \nmaking a choice or determining something. 3. The \nchoice or determination that someone makes. -voli\ntional, adj. \nvolitional test. See IRRESISTIBLE-IMP1;LSE TEST. \nVolksgerictshof. See PEOPLE'S COURT (2) \nVolstead Act (vol-sted). A federal statute enacted in 1919 \nto prohibit the manufacture, sale, or transportation of \nliquor. Sponsored by Andrew Joseph Volstead of \nMinnesota, a famous Prohibitionist, the statute was \npassed under the 18th Amendment to the U.S. Consti\ntution. When the 21st Amendment repealed the 18th \nAmendment in 1933, the Volstead Act was voided. \n[Cases: Intoxicating Liquors (:::::> 17.] \nvolume discount. See DISCOUNT. \nvolumen (vol-yoo-m<ln), n. [Latin \"a rolled-up thing\"] \nCivil law. A volume. PI. volumina. \nvolumus (vol-<l-m<ls), vb. [Latin] Hist. We will; it is our \nwill.  This was the first word ofa clause in royal writs \nof protection and letters patent. It uses the royal we \nthe plural first person by which monarchs have tradi\ntionally spoken. \nvoluntariae jurisdictionis (vol-.:m-tair-ee-ee juur-is\ndik-shee-oh-nis). [Latin] Hist. Ofor pertaining to vol\nuntary jurisdiction. See voluntary jurisdiction under \nJURISDICTION. \nvoluntarily, adv. Intentionally; without coercion. \nvoluntarius daemon (vol-<ln-tair-ee-<ls dee-m\"n), n. \n[Law Latin \"voluntary madman\"] Hist. A drunkard; \none who has voluntarily contracted madness by intoxi\ncation. \nvoluntary, adj. (14c) 1. Done by design or intention \n<voluntary act>. 2. Unconstrained by interference; not \n\n1711 \nimpelled by outside influence <voluntary statement>. \n3. Without valuable consideration or legal obligation; \ngratuitous <voluntary gift>. [Cases: Contracts (:::>47.] \n4. Having merely nominal consideration <voluntary \ndeed>. -voluntariness, n. \nvoluntary abandonment. See ABANDONMENT (3). \nvoluntary appearance. See APPEARANCE. \nvoluntary arbitration. See ARBITRATION. \nvoluntary assignment. See general assignment under \nASSIGNMENT (2). \nvoluntary association. See ASSOCIATION (3). \nvoluntary assumption of the risk. See ASSUMPTION OF \nTHE RISK. \nvoluntary bankruptcy. See BANKRUPTCY. \nvoluntary bar. See BAR. \nvoluntary bond. See BOND (3). \nvoluntary commitment. See COMMITMENT. \nvoluntary confession. See CONFESSION. \nvoluntary consent. See CONSENT (1). \nvoluntary contract. See gratuitous contract (2) under \nCONTRACT. \nvoluntary conveyance. See CONVEYANCE. \nvoluntary courtesy. (17c) An act ofkindness performed \nby one person toward another, from the free will of \nthe doer, without any previous request or promise of \nreward made by the person who is the object of the \nact.  No promise of remuneration arises from such \nan act. \nvoluntary deposit. See DEPOSIT (5). \nvoluntary disclosure ofoffense. See DISCLOSURE (1). \nvoluntary discontinuance. See NONSUIT (1). \nvoluntary dismissal. See DISMISSAL (1). \nvoluntary dissolution. See DISSOLUTION. \nvoluntary escape. See ESCAPE (3). \nvoluntary euthanasia. See EUTHANASIA. \nvoluntary exposure to unnecessary danger. (1883) An \nintentional act that, from the standpoint ofa reason\nable person, gives rise to an undue risk ofharm. The \nphrase suggests that the actor was consciously willing \nto take the risk. [Cases: Insurance (:::>2592.] \nvoluntary ignorance. (1836) Willful obliviousness; an \nunknowing or unaware state resulting from the neglect \nto take reasonable steps to acquire important knowl\nedge. [Cases: Insurance C::)2965; Negligence \n212.] \nvoluntary improvement. See IMPROVEMENT. \nvoluntary intoxication. See INTOXICATION. \nvoluntary jurisdiction. See JURISDICTION. \nvoluntary lien. See LIEN. \nvoluntary manslaughter. See MANSLAUGHTER. \nvoluntary oath. See nonjudicial oath (1) under OATIL \nvote \nvoluntary petition. See PETITION. \nvoluntary pilot. See PILOT. \nvoluntary pooling. See POOLING. \nvoluntary-registry law. See ADOPTION-REGISTRY STAT\nUTE. \nvoluntary respite. See RESPITE. \nvoluntary sale. See SALE. \nvoluntary search. See SEARCH. \nvoluntary settlement. See SETTLEMENT (1). \nvoluntary statement. See STATEMENT. \nvoluntary stranding. See STRANDING. \nvoluntary surety. See SURETY. \nvoluntary suretyship. See SURETYSHIP. \nvoluntary trust. See TRUST. \nvoluntary unitization. See UNITIZATION. \nvoluntary waste. See WASTE (1). \nvoluntas (vd-Ian-tas), n. [Latin] Hist. 1. Volition, purpose, \nor intention; a feeling or impulse that prompts the com\nmission ofan act. 2. A will by which a testator plans to \ndispose ofan estate; WILL. \nvoluntas testatoris (v.)-lan-tas tes-t.;J-tor-is). [Latin]llist. \n'The intention ofa testator. \nvoluntatis non necessitatis (vol-;:m-tay-tis non n.;J-ses-i\ntay-tis). [Latin] Hist. A matter of choice, not ofneces\nSity. \nvolunteer. (16c) l. A voluntary actor or agent in a trans\naction; esp., a person who, without an employer's assent \nand without any justification from legitimate personal \ninterest, helps an employee in the performance ofthe \nemployer's business. 2. The grantee in a voluntary \nconveyance; a person to whom a conveyance is made \nwithout any valuable consideration. See voluntary con\nveyance under CONVEYANCE. 3. Military law. A person \nwho enters military service voluntarily and is then \nsubject to the same rules as other soldiers. Cf. DRAFT \n(2). 4. A rchaic. See OFFICIOUS INTERMEDDLER. \nVolunteers in Service to America. See VISTA. \nvote, n. (15c) 1. The expression of one's preference or \nopinion in a meeting or election by ballot, show of \nhands, or other type of communication <the Republi\ncan candidate received more votes than the Democratic \ncandidate>. \nabsentee vote. See absentee voting under VOTING. \nbullet vote. A vote cast for fewer nominees than are \nbeing elected . A bullet vote slightly enhances the \nballot's effect on the outcome. Also termed bullet \nballot. \ncasting vote. A deciding vote cast by the chair ofa delib\nerative assembly when the votes are tied . The U.S. \nConstitution gives the Vice President the casting vote \nin the Senate. U.S. Const. art. I,  3. [Cases: United \nStates C::>18.] \n\"One is, that to secure at all times the possibility of a \ndefinite resolution of the body, it is necessary that the \n\n1712 vote \nPresident should have only a casting vote. And to take the \nsenator of any State from his seat as senator, to"}
{"text": "2 vote \nPresident should have only a casting vote. And to take the \nsenator of any State from his seat as senator, to place him \nin that of President of the Senate, would be to exchange, \nin regard to the State from which he came, a constant \nfor a contingent vote.\" The Federalist No. 68 (Alexander \nHamilton). \neffective vote. A vote that counts toward a winning \ncandidate, to the extent needed to win . A vote that \ngoes to a winning candidate is \"effective\" to the extent \nneeded to win, and \"excess\" beyond that point. For \nexample, ifa candidate needs IOO votes and gets ISO, \nthen 50 votes are excess votes and each vote is two\nthirds effective and one-third excess. Cf. excess vote; \nwasted vote. \nexcess vote. A vote that counts toward a winning can\ndidate, beyond the extent needed to win. Cf. effective \nvote. \nexhausted vote. A preferential vote on which all the \nranked candidates have already been elected or elimi\nnated. -Also termed exhausted ballot. \nillegal vote. A vote that does not count because it was \ncast by someone not entitled to vote or for an ineli\ngible choice, or in a form or manner that does not \ncomply with the applicable rules. See spoiled ballot \nunder BALLOT (2). [Cases: Elections (::::>227.] \nlegal vote. A vote cast in the proper form and manner \nfor an eligible choice by someone entitled to vote. \npaired vote. An abstention resulting from a pairing. \nSee PAIR. \npreferential vote. A vote that ranks the choices in order \nof preference. A preferential vote may be transfer\nable or weighted. -Also termed preferential ballot. \nCf. Single transferable vote; weighted vote. [Cases: Elec\ntions (::::>237.] \nsingle transferable vote. A preferential vote that will \nmigrate or \"transfer\" away from a candidate whom \nit will no longer help . Under transferable voting, a \ncandidate wins if his or her first-choice votes reach \nthe number needed to win, or the \"threshold.\" Ifno \ncandidate reaches the threshold, the least-preferred \ncandidate is dropped and his or her votes transfer \nto the next-preferred candidate on each ballot. If a \ncandidate reaches the threshold with an excess, that \nexcess still transfers -after being discounted by \nthe non-excess fraction needed to reach the thresh\nold among the surviving candidates. Each transfer \npreserves each vote as long as at least one candidate \nthat the voter ranked survives. The redistribution \ncontinues until enough candidates reach the thresh\nold or the number of surviving candidates equals \nthe number of representatives still to be elected. See \nDROOP QUOTA. Also termed STY; transferable vote; \nchoice voting. [Cases: Elections . \ntransferable vote. See single transferable vote. \nunintelligible vote. An otherwise legal vote cast in \na form from which the tellers cannot ascertain the \nvoter's intent.  On a secret ballot, no voter may \nproperly claim an unintelligible vote for the purpose ofexplaining it since the vote may have been cast by \nanother voter who cannot contradict the claimant \nwithout sacrificing his or her right to secrecy. \nvote ofno confidence. See NO-CO:-lFIDENCE VOTE. \nwasted vote. A vote that does not count toward any \nwinning candidate. Cf. eflective vote; excess vote. \nweighted vote. A nontransferable preferential vote \nwhose strength is allocated among the ranked pref\nerences either by the voter or according to a series of \nfixed weights. [Cases: Elections (::=>237.] \n2. The total number of votes cast in an election <the \nincumbent received 60% ofthe vote>. [Cases: Elections \nL] 3. The majority or supermajority needed for a \ncertain question <a two-thirds vote>. [Cases: Elections \n(:::>237.] \nmajority vote. See MAJORITY (2). \nplurality vote. See PLURALITY. \ntie vote. An equally divided vote . A tie vote is not \na deadlock unless the assembly is obliged to act, for \nexample when electing an officer to an office that will \notherwise be vacant. Cf. DEADLOCK. [Cases: Elections \nunanimous vote. A vote in which every voter concurs. \nSee UNANIMOUS (2). \nwinner-take-all vote. An election in which the majority \n(or sometimes the plurality) elects all the representa\ntives. Cf. UNIT RULE; PROPORTIONAL REPRESENTA\nTION; proportional voting under VOTING. [Cases: \nElections (::::>237.] \n4. The act of voting, usu. by a deliberative assembly \n<the Senate postponed the vote on the gun-control \nbill>. [Cases: States (::::>35.] vote, vb. \ncounted vote. Parliamentary law. A vote taken in a way \nthat individually counts each voter . Examples of a \ncounted vote are a show of hands, a standing vote, a \nroll-call vote, or a written ballot. See DIVISION (1). \ndivision vote. See DIVISIO:-l (I). \nlobby vote. A counted vote taken by each voter passing \nthrough a lobby between tellers. Also termed teller \nvote. \nrising vote. 1. See standing vote. 2. A vote ofapprecia\ntion demonstrated by the members standing, some\ntimes silently but usu. with applause. -Also termed \nrising vote ojthanks. \nroll-call vote. A counted vote by roll call, in which the \nsecretary calls each member's name, in answer to \nwhich the member casts aloud his or her vote . The \nU.S. Constitution provides that \"the Yeas and Nays of \nthe Members of either House on any question shall, \nat the Desire of one fifth of those Present, be entered \non the Journal.\" U.S. Canst. art. I,  5, cl. 3. Also \ntermed vote by yeas and nays; yeas and nays. See roll \ncall under CALL (1). [Cases: United States C:=> 18.] \nserpentine vote. A standing vote in which the voters \ncount off and sit down, with the count progressing up \n\n1713 \none row and down the next until each member on the \nside of the question being counted has voted. \nstanding vote. A counted vote taken by each voter \nstanding up when his or her side of the question \nis counted. Also termed rising vote; standing \ndivision. \nteller vote. See lobby vote. \nviva voce vote. See voice vote. \nvoice vote. A vote taken by the voters collectively \nanswering aloud, usu. with \"aye\" or \"nay,\" when their \nside ofthe question is called. -Also termed viva voce \nvote. [Cases: Elections C=>214.] \nvote by show of hands. A vote taken by the voters \nraising their hands when their side ofthe question is \ncounted. -Often shortened to show ofhands. \nvote by yeas and nays. See roll-call vote. \nvote dilution. See DILUTION (3). \nvote immediately. See CLOSE DEBATE. \nvote ofno confidence. See NO-CONFIDENCE VOTE. \nvoter. (I6c) 1. A person who engages in the act ofvoting. \n2. A person who has the qualifications necessary for \nvoting. -Also termed (in sense 2) legal voter; qualified \nvoter. [Cases: Elections C':\"59-87.] \nregistered voter. A person who is qualified to vote and \nwhose name is recorded in the voting district where \nhe or she resides. [Cases: Elections (,.~~95-119.] \nvoting. (16c) The casting of votes for the purpose of \ndeciding an issue. \nabsentee voting. (1932) 1. Participation in an election \nby a qualified voter who is unable to appear at the \npolls on election day. 2. ]he practice of allowing \nvoters to participate in this way. -Also termed (in \nsense 1) absentee ballot; absentee vote. See absentee \nballot under BALLOT (2). Cf. early voting. [Cases: Elec\ntions (;:::~ 126(6),216.1.] \nchoice voting. See single transferable vote under VOTE \n(1). \nclass voting. (1941) A method ofshareholder voting in \nwhich different classes of shares vote separately on \nfundamental corporate changes that affect the rights \nand privileges ofthat class. Also termed voting by \nclass; voting by voting group. [Cases: Corporations \nC=>197.J \ncumulative voting. (1884) A system in which each voter \nmay cast more than one vote for the same candidate. \n Cumulative voting helps a minority elect at least \none representative. It is common in shareholder elec\ntions. [Cases: Corporations C=>200, 283(2).] \nearly voting. (1984) Voting before the day ofan election, \nesp. during a period designated for that purpose . \nUnlike with absentee voting, taking advantage of \nearly voting does not require the voter to swear to the \ninability to come to the polling place on election day. \nct absentee voting. [Cases: Elections C=>205.l.j \nfirst-past-the-post voting. See plurality voting. voting \nHare- Ware voting. See instant-runoff voting. \ninstant-runoff voting. A system of preferential voting \nthat mimics a runoff election by using each voter's \nranked preferences instead of a second round of \nvoting. See runoff election under ELECTION (3). \nAlso termed Hare- Ware voting; West Australian plan. \nAbbr. IRV. [Cases: Elections C=>237.J \nlimited voting. A system in which each voter must cast \nfewer votes than the number ofrepresentatives being \nelected. \nlow-total voting. A system of weighted preferential \nvoting that adds up the ranked preferences -\"1\" for \na first choice, \"2\" for a second choice, and so forth \nso that the most-preferred candidate wins by having \nthe lowest totaL See preferential voting; weighted vote \nunder VOTE (1). [Cases: Elections C=>237.J \nmajority voting. A system in which each voter may cast \none vote per representative being elected, and a simple \nmajority is required for election. [Cases: Corporations \nC:.>283(2).] \nnoncumulative voting. (1956) A corporate voting \nsystem in which a shareholder is limited in board \nelections to voting no more than the number ofshares \nthat he or she owns for a single candidate . The result \nis that a majority shareholder will elect the entire \nboard of directors. -Also termed straight voting. \n[Cases: Corporations (::.-:>283(2).] \nplurality voting. Election by plurality. See PLURAL\nITY. -Also termed first-past-the-post voting. \npreferential voting. A system in which each voter ranks \nthe choices in order of preference . A preferential \nvote may be transferable or weighted. -Also termed \nrank-order voting. See Single transferable vote under \nVOTE (1); weighted vote under VOTE (1). [Cases: Elec\ntions C=>237.] \nproportional voting. A system of transferable prefer\nential voting in a multi-representative election. See \npreferential vote under VOTE (1); single transferable \nvote under VOTE (1). -Also termed proportional rep\nresentation. [Cases: Elections C=>237.] \nrank-order voting. See preferential voting. \nstraight voting. See noncumulative voting. \ntwo-round voting. A system in which the voting occurs \nin two rounds, with the first round determining the \ncandidate's eligibility for the second round . 'The \nsecond round may be a runoff between the top two \ncandidates from the first round, an election by plural\nity among candidates who won their political parties' \nnominations in the first round, or an election by plu\nrality among the candidates from the first round who \nreached a certain threshold. See runoff election under \nELECTION (3). [Cases: Elections (;=>237.] \nvoting by class. See class voting. \nvoting by voting group. See class voting. \nvoting by yeas and nays. See roll-call vote under VOTE \n(4). \n\n1714 voting agreement \nvoting agreement. See POOLING AGREEMENT. \nvoting by class. See class voting under VOTING. \nvoting by voting gronp. See class voting under VOTING. \nvoting group. (1972) 1. A classification of sharehold\ners by the type of stock held for voting on corporate \nmatters. 2. Collectively, the shareholders falling within \nsuch a classification. \nvoting member. See MEMBER. \nVoting Rights Act. The federal law that guarantees a \ncitizen's right to vote, without discrimination based on \nrace, color, or previous condition ofservitude. 42 VSCA \n 1971-1974. [Cases: Elections 0'7.: 12.) \nvoting security. See voting stock under STOCK. \nvoting stock. See STOCK. \nvoting-stock rights. A stockholder's right to vote stock \nin the affairs of the company. -Typically, holders of \ncommon stock have one vote for each share. Holders \nofpreferred stock usu. have the right to vote when pre\nferred dividends are in default for a specified period. \n[Cases: Corporations \nvoting trust. See TRUST. \nvoting-trust certificate. A certificate issued by a voting \ntrustee to the beneficial holders of shares held by the \nvoting trust. _ A voting-trust certificate may be as \nreadily transferable as the underlying shares; it carries \nwith it all the incidents ofownership except the power \nto vote. See voting trust under TRUST. [Cases: Corpora\ntions G'::;) 198.1(3).] \nvotum (voh-tam), n. [Latin] Hist. A vow; a promise. See \ndies votorum under DIES. \nvotum captandae mortis alienae (voh-tam kap-tan\ndee mor-tis ay-Iee-ee-nee or al-ee-). [Latin) Hist. An \nearnest desire for another's death. -An heir could not \nsell his or her rights to an ancestor's estate because such \na transaction would likely induce votum captandae \nmortis alienae. \nvouch, vb. (14c) 1. To answer for (another); to personally \nassure <the suspect's mother vouched for him>. 2. To \ncall upon, rely on, or cite as authority; to substanti\nate with evidence <counsel vouched the mathematical \nformula for determining the statistical probability>. 3. \nHist. To call into court to warrant"}
{"text": "sel vouched the mathematical \nformula for determining the statistical probability>. 3. \nHist. To call into court to warrant and defend, usu. in a \nfine and recovery. See FINE (1).4. His!. To authenticate \n(a claim, etc.) by vouchers. \nvouchee (vow-chee), n. Hist. 1. A person vouched into \ncourt; one who has been vouched over. See VOUCH \nOVER. 2. A person cited as authority in support ofsome \nfact. \nvoucher, n. (17c) 1. Confirmation of the payment or \ndischarge of a debt; a 2. A written or printed \nauthorization to disburse money. 3. Hist. A person who \ncalls on another person (the vouchee) as a witness, esp. \nin support of a warranty of title. 4. Hist. The tenant in \na writ of right. voucher to warranty. Hist. The calling into court of a \nperson who has warranted lands, by the person war\nranted, to come and defend a lawsuit. \nvouching-in. (1849) 1. At common law, a procedural \ndevice by which a defendant may give notice of suit \nto a third party who may be liable to the defendant on \nthe subject-matter of the suit, so that the third party \nwill be bound by the court's decision. -Although this \ndevice has been largely replaced by third-party practice, \nit remains available under the Federal Rules of Civil \nProcedure. Humble Oil & Refining Co. v. Philadelphia \nShip IVfaintenance Co., 444 F.2d 727, 735 (3d Cir. 1971). \n[Cases: Federal Civil Procedure ~281; Parties ~49.) \n2. The invitation ofa person who is liable to a defendant \nin a lawsuit to intervene and defend so that, ifthe invi\ntation is denied and the defendant later sues the person \ninvited, the latter is bound by any determination offact \ncommon to the two lawsuits. See VCC  2-607. [Cases: \nIndemnity~40, 79.)3. IMPLEADER. \nvouch over, vb. (16c) To cite (a person) into court in one's \nstead. See VOUCHEE (1). \nvox signata (vahks sig-nay-ta). [Law Latin] Hist. A tech\nnical word; a formal word. Pi. voces signatae. \nvoyage. Maritime law. The passing ofa vessel by sea from \none place, port, or country to another. -Courts gener\nally hold that the term includes the entire enterprise, \nnot just the route. [Cases: Shipping 165.] \nforeign voyage. A voyage to a port or place within \nthe territory of a foreign nation. -Ifthe voyage is \nfrom one port in a foreign country to another port in \nthe same country, it is considered a foreign voyage. \n[Cases: Seamen ~18.] \nfreighting voyage. A voyage that involves a vessel's \ntransporting cargo between terminal points. \ntrading voyage. A voyage that contemplates a vessel's \ntouching and stopping at various ports to traffic in, \nbuy and sell, or exchange commodities on the owners' \nand shippers' account. \nvoyage charter. See CHARTER (8). \nvoyage insurance. See INSURANCE. \nvoyage policy. See INSURANCE POLICY. \nvoyeur (voy-y;}r also vwah-y;}r), n. (1900) A person who \nobserves something without participating; esp., one \nwho gains pleasure by secretly observing another's \ngenitals or sexual acts. [Cases: Disorderly Conduct \n~123.] \nvoyeurism, n. (1900) Gratification derived from observ\ning the genitals or sexual acts ofothers, usu. secretly. \n[Cases: Disorderly Conduct 123.] voyeuristic, \nadj. \nV.P. abbr. See VICE PRESIDENT. \nvs. abbr. VERses. \nvulgar abuse. See verbal abuse under ABUSE. \nvulgaris purgatio (val-gair-is par-gay-shee-oh), n. [Law \nLatin] See ORDEAL (1). \n\n1715 \nvulgar purgation. See PURGATION. \nvulgar substitution. See SUBSTITUTION (4). \nvulgo concepti (v31-goh bn-sep-tr), n. [Latin] Hist. Ille\ngitimate children; bastards. vulture fund \nvulgo quaesiti (v31-goh kwi-sI-tr), n. [Latin] Hist. \nSpurious children; the offspring ofpromiscuity, so that \nthe true fathers are unknowable. \nvulnerable adult. See ADULT. \nvulture fund. See MUTUAL FUND. \n\nw \nW-2 form. (18c) (1948) Tax. A statement of earnings \nand taxes withheld (including federal, state, and local \nincome taxes and FICA tax) during a given tax year. \nThe W-2 is prepared by the employer, provided to each \nemployee, and filed with the Internal Revenue Service. \nCf. w-4 FORM. [Cases: Internal Revenue ~~)4849.1 \nW-4 form. (1955) Tax. A form indicating the number of \npersonal exemptions an employee is claiming and that \nis used by the employer in determining the amount of \nincome to be withheld from the employee's paycheck \nfor federal-income tax purposes. -Also termed \nEmployee's Withholding Allowance Certificate. Cf. W-2 \nFORM. [Cases; Internal Revenue C:::'-4849.] \nwacreour (wah-kroor), n. [Law French) Hist. A \nvagrant. \nWade hearing. (1969) Criminal law. A pretrial hearing \nin which the defendant contests the validity of his or \nher out-of-court identification. -Ifthe court finds \nthat the identification was tainted bv unconstitutional \nmethods, the prosecution cannot ~se the identifica\ntion and must link the defendant to the crime by other \nmeans. United States v. Wade, 388 U.S. 218, 87 S.Ct. \n1926 (1967). [Cases: Criminal Law C:::'-339.11(2).] \nwadia (way-dee-;), r!. [Law Latin] Hist. Pledges. \nwadset, n. Scots law. 1. A mortgage. -Also termed (in \nRoman law) fiducia. 2. A pledge or pawn. \nwadset, vb. Scots law. 1. To mortgage. 2. To pledge. \nwafer seal. See SEAL. \nwafter (waf-t;)r), r!. [Middle English \"convoyer\"] Hist. \nAn English naval officer appointed under Edward IV \nto protect fishermen, esp. on the coast of Norfolk and \nSuffolk. -Also spelled waftor. \nwaga (way-g;), n. [Law Latin) Hist. A measure ofweight; \na measure ofgoods. \nwage, n. (usu. pI.) (14c) Payment for labor or services, usu. \nbased on time worked or quantity produced; specif., \ncompensation of an employee based on time worked \nor output of production. -Wages include every form \nof remuneration payable for a given period to an indi\nvidual for personal services, including salaries, com\nmissions, vacation pay, bonuses, and the reasonable \nvalue of board, lodging, payments in kind, tips, and \nany similar advantage received from the employer. An \nemployer usu. must withhold income taxes from wages. \nCf. SALARY. [Cases: Labor and Employment <>:~j 168.] \ncovered wages. Wages on which a person is required \nto pay social-security taxes. [Cases: Internal Revenue \n<.r~4374.] \ncurrent wages. Wages for the current period; wages that \nare not past due. front wages. Prospective compensation paid to a \nvictim ofjob discrimination until the denied position \nbecomes available. [Cases: Civil Rights (;:>1471,1571, \n1583(2).] \nminimum wage. The lowest permissible hourly rate \nof compensation for labor, as established by federal \nstatute and required of employers engaged in inter\nstate commerce. 29 USCA  206. [Cases: Labor and \nEmployment C::::>2337.J \nnoncovered wages. Wages on which a person is not \nrequired to pay SOCial-security taxes. [Cases: Internal \nRevenue C=4374.] \nreal wages. Wages representing the true purchasing \npower ofthe dollar, derived by dividing a price index \ninto money wages. \nwage, vb. 1. To engage in (a war, etc.). 2. Archaic. To give \nsecurity for (a performance, etc.). Cf. GAGE. \nWage and Hour Division. The division of the Employ\nment Standards Administration in the U.S. Depart\nment ofLabor responsible for enforcing the Fair Labor \nStandards Act, the Family and Medical Leave Act, the \nEmployee Polygraph Protection Act, and other work\nplace-related statutes and regulations. -Abbr. WHD. \nSee EMPLOYMENT STANDARDS ADMINISTRATION. \nwage-and-hour law. A law (such as the federal Fair \nLabor Standards Act) governing minimum wages and \nmaximum working hours for employees. [Cases: Labor \nand Employment ~.J2215.] \nwage-and-prke controls. A system ofgovernment-man\ndated maximum prices that can be charged for differ\nent goods and services or paid to various workers in \ndifferent jobs. \nwage-and-price freeze. See FREEZE. \nwage assignment. 1. See attachment of wages under \nATTACHMENT (1). 2. INCOME-WITHHOLDING ORDER. \n3. ASSIGNMENT (2). \nwage-assignment order. See INCOME-WITHHOLDING \nORDER. \nwage-earner's plan. See CHAPTER 13. \nwager, n. (l4c) 1. Money or other consideration risked \non an uncertain event; a bet or gamble. 2. A promise \nto pay money or other consideration on the occurrence \nof an uncertain event. 3. See wagering contract under \nCONTRACT. [Cases: Gaming 1.] -wager, vb. \nwagerer, n. \nwagering contract. See CONTRACT. \nwager of battle. See TRIAL BY COMBAT. \nwager oflaw. Hist. A method ofproof in which a person \ndefends against a claim by swearing that the claim is \ngroundless, and by enlisting others (compurgators) to \n\n1717 waiver \nswear to the defendant's credibility. Also termed \ngager del ley (gay-jdr del lay); vadiatio legis (vad-ee-ay\nshee-oh lee-jis). See COM PURGATION. \nwager policy. See INSURANCE POLICY. \nwages. See WAGE. \nwage-withholding. See attachment of wages under \nATTACHMENT (1). \nwage-withholding order. See INCOME-WITHHOLDING \nORDER. \nWagner Act. See NATIONAl. LABOR RELATIONS ACT. \nwagonage (wag-d-nij). 1. Transportation by a wagon. 2. \nThe fee for carriage by wagon. 3. A group ofwagons. \nwaif, n. (l4c) 1. An abandoned article whose owner is \nunknown, esp. something stolen and thrown away by \nthe thief in flight, usu. through fear of apprehension. \n At cornman law, ifa waif, whether stolen or merely \nabandoned, was seized before the owner reclaimed \nit, the title vested in the Crown. The owner was thus \npunished for leaVing the property or for failing to \npursue the thief and attempting to recover the property. \nToday, however, the general rule is that a waif passes to \nthe state in trust for the true owner, who may regain it \nby proving ownership. \n\"Waifs, bona waviata, are goods stolen, and waived or \nthrown away by the thief in his flight. for fear of being \napprehended. These are given to the king by the law, as a \npunishment upon the owner, for not himself pursuing the \nfelon, and taking away his goods from him. And therefore \nif the party robbed do his diligence immediately to follow \nand apprehend the thief (which is called making fresh \nsuit) or do convict him afterwards, or procure evidence \nto convict him, he shall have his goods again.\" 1 William \nBlackstone, Commentaries on the Laws ofEngland 286-87 \n(1765). \n2. Hist. A homeless person, esp. a woman or child; a \nsocial outcast. See WAIVERY. \n\"(In the thirteenth century] a woman, though she cannot be \noutlawed, can be 'waived: declared a 'waif,' and 'waiver' \nseems to have all the effects of outlawry.\" 1 Frederick \nPollock & Frederic William Maitland, History ofEnglish Law \nBefore the Time ofEdward I 482 (2d ed. 1898). \nwainable (way-nd-bdl), adj. Archaic. (Ofland) plowable; \ntillable. \nwainage (way-nii), n. Hist. 1. lhe plow, team, and other \nimplements used by a person (esp. a villein) to cultivate \nthe soil; instruments of husbandry. 2. Cultivated land \nor the profits from it. Also termed wainagium; way\nnagium (way-nay-jee-<'lm); (in sense 2) gainage. \nwainbote. See BOTE (1). \nwait-and-see principle. (1989) A modification to the rule \nagainst perpetuities, under which a court may deter\nmine the validity ofa contingent future interest based \non whether it actually vests within the perpetuities \nperiod, rather than on whether it possibly could have \nvested outside the period. -Also termed second-look \ndoctrine. [Cases: Perpetuities \nwaiting clerk. Hist. An officer who waits in attendance \non the court of chancery. The office of the waiting clerk was abolished in 1842 by the Court of Chancery \nAct. St. 5 & 6 Viet. ch. 103. \nwaiting period. (1897) A period that must expire before \nsome legal right or rem"}
{"text": ". 103. \nwaiting period. (1897) A period that must expire before \nsome legal right or remedy can be enjoyed or enforced. \n For example, many states have waiting periods for \nthe issuance of marriage licenses or the purchase of \nhandguns. \nwaive (wayv), n. Archaic. A woman who has by her \nconduct deprived herself of the protection ofthe law; a \nfemale outlaw . The term \"outlaw\" usu. referred only \nto a male. See OUTLAW (1), (2). \nwaive, vb. (l4c) 1. To abandon, renounce, or surrender (a \nclaim, privilege, right, etc.); to give up (a right or claim) \nvoluntarily. Ordinarily, to waive a right one must do \nit knowingly with knowledge of the relevant facts. \n[Cases: Estoppel <::=>52.10.] 2. To refrain from insist\ning on (a strict rule, formality, etc.); to forgo. 3. Hist . \nTo declare someone a waif. See WAIF (2). \nwaiver (way-var), n. (17c) l. The voluntary relinquish\nment or abandonment express or implied of a \nlegal right or advantage; FORFEITURE (2) <waiver of \nnotice>. The party alleged to have waived a right \nmust have had both knowledge of the existing right \nand the intention of forgOing it. Cf. ESTOPPEL. [Cases: \nEstoppel <::=>52.10.] \n'The term waiver is one of those words of indefinite con\nnotation in which our legal literature abounds; like a cloak, \nit covers a multitude of sins.\" William R. Anson, Principles \nof the Law of Contract 419 (Arthur L Corbin ed., 3d Am. \ned. 1919). \n'''Waiver' is often inexactly defined as 'the voluntary \nrelinquishment of a known right.' When the waiver is \nreinforced by reliance, enforcement is often said to rest \non 'estoppel.' ... Since the more common definition of \nestoppel is limited to reliance on a misrepresentation of \nan existing fact, reliance on a waiver or promise as to the \nfuture is sometimes said to create a 'promissory estoppel: \nThe common definition of waiver may lead to the incorrect \ninference that the promisor must know his legal rights \nand must intend the legal effect of the promise. But ... it \nis sufficient if he has reason to know the essential facts.\" \nRestatement (Second) of Contracts  84 cmt. b (1979). \n\"Waiver is often asserted as the justification for a decision \nwhen it is not appropriate to the circumstances.\" Robert \nE. Keeton & Alan I. Widiss, Insurance Law  6.8, at 719 \n(1998). \n\"Although it has often been said that a waiver is 'the inten \ntional relinquishment of a known right,' this is a misleading \ndefinition. What is involved is not the relinquishment of a \nright and the termination of the reciprocal duty but the \nexcuse ofthe nonoccurrence ofor a delay in the occurrence \nof a condition of a duty.\" E. Allan Farnsworth, Contracts \n 8.5, at 561 (3d ed. 1999). \nexpress waiver. (I8c) A voluntary and intentional \nwaiver. [Cases: Estoppel <::=>52.10(2).] \nimplied waiver. (I8c) A waiver evidenced by a party's \ndecisive, unequivocal conduct reasonably inferring \nthe intent to waive. [Cases: Estoppel (;::-:;,>52.10(3).] \n\"An implied waiver may arise where a person has pursued \nsuch a course of conduct as to evidence an intention to \nwaive a right, or where his conduct is inconsistent with \nany other intention than to waive it. Waiver may be inferred \nfrom conduct or acts putting one off his guard and leading \nhim to believe that a right has been waived. Mere silence, \n\n1718 waiver by election of remedies \nhowever, is no waiver unless there is an obligation to i \nspeak.\" 28 Am. Jur. 2d Estoppel and Waiver  160, at \n845-46 (1966). \nprospective waiver. (1889) A waiver ofsomething that \nhas not yet occurred, such as a contractual waiver of \nfuture claims for discrimination upon settlement of \na lawsuit. \nsubject-matter waiver. A waiver that may result when \na party voluntarily discloses a communication or \nprivileged material about a particular topic to a third \nparty. A party's voluntary disclosure may lead a \ncourt to find an implied waiver that extends to all \nother communications relating to the same subject \nmatter. [Cases: Witnesses (;::::>219.] \nwaiver ofnotice. Parliamentary law. 'The waiver that \noccurs when a defective notice for a meeting is issued \nbut every member attends and participates without \nobjecting to the defect. \n2. The instrument by which a person relinquishes or \nabandons a legal right or advantage <the plaintiff must \nsign a waiver when the funds are delivered>. \njury waiver. A form signed by a criminal defendant \nwho relinquishes the right to have the trial conducted \nbefore a jury. [Cases: Jury (;::::>29(6).] \nlien waiver. A written and signed waiver of a sub\ncontractor's mechanic's lien rights, usu. submitted \nto enable the owner or general contractor to receive \na draw on a construction loan. [Cases: Mechanics' \nLiens (;::::>208.] \nwaiver by election ofremedies. (1873) A defense arising \nwhen a plaintiff has sought two inconsistent remedies \nand by a decisive act chooses one of them, thereby \nwaiving the other. [Cases: Election of Remedies \n1.] \nwaiver hearing. See transfer hearing under HEARING. \nwaiver ofclaims and defenses. (1975) 1. The intentional \nrelinquishment by a maker, drawer, or other obligor \nunder a contract of the right to assert against the \nassignee any claims or defenses the obligor has against \nthe assignor. [Cases: Assignments (;::::> 103; Bills and \nNotes e=---'314; Secured Transactions 185.] 2. lhe \ncontractual clause providing for such a waiver. \nwaiver ofcounsel. (1870) A criminal defendant's inten\ntional relinquishment of the right to legal representa\ntion. To be valid, a waiver of counsel must be made \nvoluntarily, knowingly, and intelligently. [Cases: \nCriminal Law (;::::> 1750-1757.] \nwaiver ofdefenses. Real estate. A document by which a \nmortgagor acknowledges that the mortgage is good and \nvalid for the full amount of the mortgage note . This \ndocument ensures that the mortgagor has no defenses \nto the mortgage. Also termed estoppel certificate; \nno-setoff certificate; declaration ofno defenses. [Cases: \nMortgages C=>415.] \nwaiver of exemption. (1846) 1. A debtor's voluntary \nrelinquishment of the right to an exemption from a \ncreditor's levy or sale ofany part ofthe debtor's personal property by judicial process. [Cases: Exemptions \n89-99; Homestead C=> 169-176.] 2. The contractual \nclause expressly providing for such a waiver. [Cases: \nExemptions C=>92; Homestead (;::::> 170.J \nwaiver ofimmunity. (1883) The act ofgiving up the right \nagainst self-incrimination and proceeding to testify. \nSee IMMUNITY (3). [Cases: Witnesses C=>305.] \nwaiver of notice. See WAIVER (I). \nwaiver-of-premium clause. Insurance. A provision for \na waiver of premium payments after the insured has \nbeen disabled for a specified length of time, such as six \nmonths. [Cases: Insurance<~=>2035.1 \nwaiver ofprotest. A relinquishment by a party to a nego\ntiable instrument of the formality of protest in case of \ndishonor. See PROTEST (2). [Cases: Bills and Notes \n422.] \nwaiver ofservice. A defendant's voluntary submission to \nthe jurisdiction made by signing an acknowledgment of \nreceipt ofthe petition and stating that he or she waives \nall further service. [Cases: Process C=>67.] \nwaiver of tort. (1815) The election to sue in quasi-con\ntract to recover the defendant's unjust benefit, instead \nofsuing in tort to recover damages. See implied-in-law \ncontract under CONTRACT. [Cases: Action C=>28.] \n\"A person upon whom a tort has been committed and who \nbrings an action for the benefits rect'ived by the tortfea\nsor is sometimes said to 'waive the tort.'\" Restatement of \nRestitution  525 (1937). \n\"'Waiver of tort' is a misnomer. A party only waives a tort in \nthe sense that he elects to sue in quasicontract to recover \nthe defendant's unjust benefit rather than to sue in tort to \nrecover damages; he has a choice of alternative remedies. \nBut the tort is not extinguished. Indeed it is said that it is \na sine qua non of both remedies that he should establish \nthat a tort has been committed.\" Lord Goff of Chieveley & \nGareth Jones, The Law ofRestitution 605 (3d ed. 1986). \nwaivery. Hist. The act of putting a woman outside the \nprotection ofthe law . At common law, a woman could \nnot be \"outlawed\" because she was not considered \"in \nlaw\" that is, she could not undertake legal proceed\nings on her own. By Bracton's day, the effect of outlaw- \ning a woman was achieved by \"waiving\" her the act \nbeing called waivery. \nwakening. Scots law. The revival ofan action in which no \nsteps had taken for at least a year and a day. \nwalk, vb. (1958) Slang. 1. To be acquitted <though \ncharged with three thefts, Robinson walked each time>. \n2. To escape any type of real punishment <despite the \nseriousness of the crime, Selvidge paid only $750: he \nwalked>. \nwalker, n. Hist. A forester who inspects an assigned area \nofland. \nWalker Process claim. Patents. A counterclaim in an \ninfringement suit, seeking a declaratory judgment that \nthe patent is invalid because its owner defrauded the \nPatent Office . The claim is based on antitrust law, \nalleging that the patentee wrongfully tried to monopo\nlize a market. Walker Process Equip., Inc. v. Food Mach. \n\n1719 \n& Chem., 382 U.S. 172,86 S.Ct. 347 (1965). -Also \ntermed Walker Process defense. \nwalkout. 1. STRIKE (1). 2. The act of leaving a work \nassignment, meeting, or other event as a show of \nprotest. [Cases: Labor Relations C:::>290.] \nwall. An erection of stone, brick, or other material \nraised to varying heights, esp. inside or surrounding a \nbuilding, for privacy, security, or enclosure. \nancient wall. A party wall that has stood for at least \n20 years, thus giving each party an easement right to \nrefuse to allow the other party to remove or substan\ntially change the walL \nparty wall. A wall that divides two adjoining, sepa\nrately owned properties and that is shared by the \ntwo property owners as tenants in common. Also \ntermed common wall. [Cases: Party Walls C:::: 1-10.] \n\"There appears to be no precise legal definition of the \nterm 'party wall.' Four possible meanings are as follows: (a) \nTenancy in common: the two adjoining owners are tenants \nin common of the wall. (b) Divided: the wall is divided lon\ngitudinally into two strips, one belonging to each of the \nneighbouring owners. (c) Divided with easements: the wall \nis divided as in (b), but each half is subject to an easement \nof support in favour ofthe owner of the other half. (d) Own\nership subject to easement: the wall belongs entirely to one \nof the adjoining owners, but is subject to an easement or \nright in the other to have it maintained as a dividing wall.\" \nRobert E. Megarry & M.P. Thompson, A Manual of the Law \nof Real Property 303-04 (6th ed. 1993). \nwallia (wahl-ee-,,), n. [Law Latin] Hist. A wall (such as a \nmound or bank) erected in marshy areas for protection \nagainst the sea; a seawall. \nWalsh Act. A statute, originally enacted in 1926, giving \nfederal courts the power to subpoena and compel the \nreturn, testimony, and (if requested) production ofdoc\numents or other items ofU.S. citizens or residents who \nare abroad. -The subpoena is available for criminal \nproceedings, including grand-jury proceedings. 28 \nUSCA  1783. [Cases: Grand Jury \\.~36.2; Witnesses \n. C=)6.] \nWalsh-Healey Act. A federal law, enacted in 1936, stipu\nlating that government contractors must: (1) pay their \nworkers no less than the prevailing minimum wage; \n(2) observe the eight-hour day and 40-hour workweek \n(with time-and-a-halffor work exceeding those hours); \n(3) employ no convict labor and no females under 18 or \nmales under 16 years ofage; and (4) maintain sanitary \nworking conditions. 41 USCA  35 et seq. Also \ntermed Public Contracts Act; Walsh-Healey Public \nContracts Act. \nwampum (wom-p\"m), n. Hist. Indian money consisting \nof shells, beads, or animal pelts. _ In 1637, it became \nthe first medium of exchange for the New England \ncolonies by order of the General Court of Massachu\nsetts, because England had not provided the colonies \nwith a standard of exchange. The Court ordered that \n\"wampampege should passe at 6 a penny for"}
{"text": "provided the colonies \nwith a standard of exchange. The Court ordered that \n\"wampampege should passe at 6 a penny for any sum \nunder 12d.\" Wampum was used as the medium of \nexchange, esp. for small transactions, until 1652, when \nthe General Court ordered the first metallic currency. wanton \nlhe last recorded exchange in wampum was in New \nYork in 1701. \nWands test. Patents. A judicial test of \"undue experi\nmentation\" for determining if a patent application's \nspecification teaches one skilled in the art how to \nmake and work the claimed invention. In re Wands, \n858 F.2d 731 (Fed. Cir. 1988). The test takes account \nofeight factors: (1) how much experimentation would \nbe needed, (2) how much guidance is given, (3) whether \nthere is a working example, (4) the nature ofthe inven\ntion, (5) the state ofthe prior art, (6) the level ofskill of \nthose in the art, (7) how predictable or unpredictable \nthe art is, and (8) the breadth ofthe claims. The factors \n(often called Wands factors) are illustrative rather than \nmandatory. See UNDUE EXPERIMENTATION. [Cases: \nPatents C::::99.] \nwanlass (wahn-lds). Rist. An ancient form of tenure \nrequiring the tenant to drive deer to a stand so that \nthe lord can take a shot. -Also spelled wanlace. \nwantage (wahnt-ij), n. A deficiency of something; specif., \na vessel's deficiency ofnot being full, due to leakage. \nwanted person. A person sought by a law-enforcement \nagency because the person has escaped from custody \nor an arrest warrant has been issued for the person's \narrest. \nwant ofamicable demand. Louisiana law. A defensive \npleading by a defendant who seeks to avoid, delay, or \ndefeat the plaintiff's petition . A defendant may (1) \nrefuse to participate in the suit (a declinatory excep\ntion), (2) seek to delay the litigation in the suit (a \ndilatory exception), or (3) seek to dismiss or defeat the \nsuit (a peremptory exception). See declinatory excep\ntion, dilatory exception, peremptory exception under \nEXCEPTION (1). \nwant ofconsideration. (18c) The lack of consideration \ni for a contract. See CONSIDERATION (1). Cf. FAILURE OF \nI CONSIDERATION. [Cases: Contracts C::::54(l), 84; Sales \nwant ofjurisdiction. A court's lack of power to act in \na particular way or to give certain kinds of relief. - A \ncourt may have no power to act at all, may lack author\nity over a person or the subject matter of a lawsuit, or \nmay have no power to act until the prerequisites for its \njurisdiction have been satisfied. -Also termed lack oj \njurisdiction. See JURISDICTION. [Cases: Courts C::::39, \n40; Federal CourtsC=>30.] \nwant ofprosecution. (17c) Failure ofa litigant to pursue \nthe case <dismissal for want of prosecution>. -Also \ntermed lack ofprosecution; no progress. -Abbr. w.o.p. \n[Cases: Federal Civil Procedure C-~1758; Pretrial Pro\ncedure (;:::::') 581.] \nI want of repair. (17c) A defective condition, such as a \ncondition on a highway making it unsafe for ordinary \ntravel. [Cases: Automobiles C::::252; Municipal Corpo\nrations (:::)757(]).] \nwanton (wahn-t\"n), adj. (14c) Unreasonably or mali\nciously risking harm while being utterly indifferent \n\n1720 wanton and reckless misconduct \nto the consequences. -In criminal law, wanton usu. ! war ofaggression. A war that the attacking nation ini\nconnotes malice (in the criminal-law sense), while \nreckless does not. Cf. RECKLESS; WILLFUL. [Cases: \nCriminal Law (;::J23; Negligence (>-::>275.] \n\"Wanton differs from reckless both as to the actual state \nof mind and as to the degree of culpability. One who is \nacting recklessly is fully aware of the unreasonable risk \nhe is creating, but may be trying and hoping to avoid any \nharm. One acting wantonly may be creating no greater risk \nof harm. but he is not trying to avoid it and is indifferent to \nwhether harm results or not. Wanton conduct has properly \nbeen characterized as 'vicious' and rates extreme in the \ndegree of culpability. The two are not mutually exclusive. \nWanton conduct is reckless plus, so to speak.\" Rollin M. \nPerkins & Ronald N. Boyce, Criminal Law 879-80 (3d ed. \n1982). \nwanton and reckless misconduct. See wanton miscon\nduct under MISCOKDUCT. \nwanton misconduct. See MISCONDUCT. \nwanton negligence. See gross negligence under NEGLI\nGENCE. \nwantonness, rI. (14c) Conduct indicating that the actor \nis aware of the risks but indifferent to the results. \nWantonness usu. suggests a greater degree of culpa\nbility than recklessness, and it often connotes malice \nin criminal-law contexts. Cf. RECKLESSNESS. [Cases: \nCriminal Law (::::::> 20, 23; Damages (;::J87(l), 91.5(1); \nNegligence wanton, adj. \nwapentake (wahp-.:m-tayk or wap-), n. [fro Saxon waepen \n\"weapons\" + tac \"touch\"] Hist. 1. In some English \ncounties, a division corresponding to the hundred or \nward in other counties. See HUNDRED. 2. The court \nwithin such a division. 3. A bailiff who works in such \na court. \nwar. 1. Hostile conflict by means ofarmed forces, carried \non between nations, states, or rulers, or sometimes \nbetween parties within the same nation or state; a \nperiod of such conflict <the Gulf War>. - A state of \nwar may also exist without armed conflict; for example, \nthe treaty formally ending the World War II state ofwar \nbetween the United States and Japan was Signed seven \nyears after the fighting ended in 1945. [Cases: War and \nNational Emergency (;::J 1.] \ncivil war. An internal armed conflict between people of \nthe same nation; esp. (usu. cap.), the war from 1861 to \nl865, resulting from the Confederate states' attempted \nsecession from the Union. \nimperfect war. A war limited in terms of places, \npersons, and things. \nmixed war. A war between a nation and private indi\nviduals. \nperfect war. A war involving an entire nation against \nanother. \nprivate war. A war between private persons. \npublic war. A war between two nations under authOrity \noftheir respective governments. \nsolemn war. A war formally declared esp. by public \ndeclaration by one country against another. tiates for reasons other than self-defense. -This type \nof war is considered a crime against international \npeace under customary international law. \n2. A dispute or competition between adversaries <fare \nwars are common in the airline industry>. 3. A struggle \nto solve a pervasive problem <America's war against \ndrugs>. \nwarantizare. See WARRANTIZARE. \nWar Clause. (1943) U.S. Const. art. 1,  8, cl. 11-14, giving \nCongress the power to declare war. -Also termed \nWar Powers Clause. See WAR POWER. [Cases: \\Var and \nNational Emergency (;::J2.] \nwar contribution. Jrlt'llaw. An extraordinary payment \nimposed by an occupying power on the population of \nan occupied territory during wartime. -Often short\nened to contribution. [Cases: War and National Emer\ngency (;::J 14.] \nwar crime. Conduct that violates international laws gov\nerning the conduct of international armed conflicts. \n_ Examples ofwar crimes are the killing ofhostages, \nabuse ofcivilians in occupied territories, abuse ofpris\noners of war, and devastation that is not justified by \nmilitary necessity. [Cases: War and National Emer\ngency (;::J 11.] \nward. (15c) 1. A person, usu. a minor, who is under a \nguardian's charge or protection. See GUARDIAN (1). \n[Cases: Guardian and Ward 9.5.] \npermanent ward. (1927) A ward who has been assigned \na permanent guardian, the rights of the natural \nparents having been terminated by a juvenile court. \n[Cases: Guardian and Ward (;::J9.5; Infants \n155.] \ntemporary ward. (1901) A minor who is under the \nsupervision of a juvenile court but whose parents' \nparental rights have not been terminated. [Cases: \nInfants (;::J 154.1.] \nward-in-chancery. His!. An infant under the superin\ntendence ofthe chancellor. \nward ofadmiralty, A seaman -so called because of \nthe legal view that a seaman, in contractual matters, \nshould be treated as a beneficiary and the other con\ntracting party as a fidUciary because ofthe perceived \ninequitability of their bargaining positions. [Cases: \nSeamen (;::J 1.] \nward ofthe state. (1832) A person who is housed by, \nand receives protection and necessities from, the gov\nernment. -Also termed state's ward. \n2. A territorial division in a city, uSU. defined for \npurposes of city government. [Cases: Municipal Cor\nporations ~\"40.] 3. The act ofguarding or protecting \nsomething or someone. 4. Archaic. One who guards. 5. \nCASTLE-GUARD. -Formerly also termed warda. \nwarda (wor-d<:)), n. [Law Latin] Hist. Wardship; guard\nianship. \nwardage. See WARDPENNY. \n\n1721 \nwarden. (Bc) 1. A person in charge of something <game \nwarden> <port warden>; esp., the official in charge ofa \nprison, jail, or park <prison warden> <game warden>. \n[Cases: Prisons ~390.1 2. SERGEANT-AT-ARMS (4). \nwarden of the cinque ports (singk ports). Hist. A mag\nistrate with jurisdiction over the five cinque ports. \nThis office was created in imitation ofthe Roman policy \nofstrengthening coasts against enemies. The warden, \nformally called the Lord Warden, presided over the \nCourt ofthe Lord Warden ofthe Cinque Ports, which \nwas created in the 14th century and, over time, vari\nously exercised civil, equity, and admiralty jurisdic\ntion. -Formerly termed guardian ofthe cinque ports. \nSee CINQUE PORTS. \nward holding. Scots law. The feudal tenure known in \nEngland as knight service. See KNIGHT SERVICE. \nward-horn. Hist. The duty of keeping watch and ward \nwith a horn to blow in the event of a surprise. See \nWATCH AND WARD. \nward-in-chancery. See WARD. \nwardite. Hist. A fine that a tenant was required to pay \nupon failing to fulfill the duty ofcastle-guard. See CAS\nTLE-GUARD. \nwardmote (word-moht). Hist. 1. A court maintained in \nevery London ward. Also termed wardmote court; \ninquest. 2. A meeting of a ward. \nward ofadmiralty. See WARD. \nward ofthe state. See WARD. \nwardpenny, n. Hist. 1. Money paid in lieu of military \nservice. 2. Money paid to the sheriff or castellans in \nexchange for watching and warding a castle. -Also \ntermed wardage; warth. \nwardship. (lSc) 1. Guardianship of a person, usu. a \nminor. [Cases: Guardian and Ward ~1.] 2. The condi\ntion ofbeing a ward. 3. Hist. The right ofthe feudal lord \nto guardianship ofa deceased tenant's minor heir until \nthe heir reached the age of majority. -Also termed (in \nsenses 1 & 3) guardage. \nwardship in chivalry. Wardship as a feudal incident to \nthe tenure ofknight-service. \nwardship in copyholds. Wardship by which the lord is \nguardian ofan infant tenant by special custom. \nwardstaff, n. Hist. A staff carried by an authority; esp., a \nconstable's or watchman's staff. \nwardwit, n. Hist. 1. An immunity or exemption from the \nduty of warding or contributing to warding. 2. A fine \nfor failing to watch and ward. -Also termed warwit; \nwardwite. \nwarectare (wor-dk-tair-ee), vb. [Law Latin \"to let lie \nfallow\"] Hist. To plow land in the spring and then let it \nlie fallow for a better wheat crop the next year. \nwarehouse. A building used to store goods and other \nitems. warfare \nbonded warehouse. A special type ofprivate warehouse \nused to store products subject to customs duties. See \nWAREHOUSE SYSTEM. \nwarehouse book. A book used by merchants to account \nfor quantities of goods received, shipped, and in \nstock. \nwarehouseman. See WAREHOUSER. \nwarehouseman's lien. See warehousers lien under LIEN. \nwarehouser. One who, as a business, keeps or stores the \ngoods ofanother for a fee. -The transaction in which \na warehouser engages is a bailment for the benefit of \nboth parties, and the bailee is liable for ordinary neg\nligence. Also termed warehouseman. See BAILEE. \n[Cases: Warehousemen <8='3.] \nwarehouse receipt. A document evidencing title to \ngoods stored with someone else; esp., a receipt issued \nby a person engaged in the business of storing goods \nfor a fee. - A warehouse receipt, which is considered a \ndocument oftitle, may be a negotiable instrument and \nis often used for financing with inventory as security. \nSee BAILMENT. [Cases: Warehousemen ~1LJ \nwarehouser's lien. See LIEN. \nwarehouse system. A"}
{"text": "ases: Warehousemen ~1LJ \nwarehouser's lien. See LIEN. \nwarehouse system. A system of maintaining bonded \nwarehouses so that importers can either store goods \nfor reexportation without paying customs duties or \nstore the goods without paying duties until the goods \nare removed for domestic consumption. See bonded \nwarehouse under WAREHOUSE. \nwarehouse-to-warehouse cover. Insurance coverage for \ngoods protecting against damage at any time during the \nshipping process, including the loading and unload\ning of the goods. See COMPLETE-OPERATION RULE. Cf. \nCOMING-TO-REST DOCTRINE. [Cases: Insurance \n2681.] \nwarehousing. 1. A mortgage banker's holding of mort\ngages until the resale market improves. 2. A corpo\nration's giving of advance notice of a tender offer to \ninstitutional investors, who can then buy stock in the \ntarget company before public awareness of the takeover \ninflates the stock's price. See TENDER OFFER. \nwarfare. 1. The act ofengaging in war or military conflict. \nSee WAR. [Cases: War and National Emergency \n2. Loosely, the act of engaging in any type ofconflict. \nbiological warfare. The use of biological or infectious \nagents in war, usu. by delivering them via airplanes \nor ballistic missiles. Cf. chemical warfare. \nbiochemical warfare. Warfare in which both biologi\ncal and chemical weapons are used. See biological \nwarfare, chemical warfare. \nchemical warfare. Warfare in which deadly chemical \nagents, such as nerve gas, are used as weapons, usu. \nby delivering the chemicals via shells, missiles, or \nbombs. -Chemical weapons were first used in \\\\Torld \nWar L The first international treaty forbidding the use \nofboth chemical and biological weapons, the Protocol \nfor the Prohibition ofthe Use in War of Asphyxiating, \nPoisonous or Other Gases, and ofBiological Methods \n\n1722 war-mongering propaganda \nofWarfare was signed in 1925 and came into force in \n1928. The United States is a signatory but with reser\nvations. Cf. biological warfare. \neconomic warfare. 1. A hostile relationship between \ntwo or more countries in which at least one tries to \ndamage the other's economy for economic, politi\ncal, or military ends. 2. The collective measures that \nmight be taken to achieve such ends. [Cases: War and \nNational Emergency(;= 12,14.] \nguerrilla warfare. Hostilities that are conducted by \nindividuals or small groups who are usu. not part of \nan organized army and who fight by means ofsurprise \nattacks, ambushes, and sabotage . Formerly, it was \nthought that the hostilities had to be conducted in \nenemy-occupied territory. Typically, guerrilla warfare \nis carried out only when geographical conditions are \nfavorable and when the civilian population is at least \npartly cooperative. \nland warfare. Hostilities conducted on the ground, as \nopposed to at sea or in the air. \nwar-mongering propaganda. See PROPAGANDA. \nWARN (worn). abbr. WORKER ADJUSTMENT AND \nRP,TRAINING NOTIFICATION ACT. \nwarning. (bef. 12c) The pointing out ofa danger, esp. to \none who would not otherwise be aware ofit.  State and \nfederal laws (such as 21 USCA  825) require warning \nlabels to be placed on potentially dangerous materials, \nsuch as drugs and equipment. [Cases: Products Liabil\nity 133.] \nadequate warning. (l885) A warning that reason\nably alerts a product's average user to a potential \nhazard, and the nature and extent of the danger.  \nFour elements have been articulated as comprising \nan adequate warning: (1) notice that a severe hazard \nexists, (2) a description of the hazard's nature, (3) a \ndescription of the hazard's possible consequences, \nand (4) instructions on how to avoid the hazard. In \naddition, the warning must be prominently displayed, \nand may have to illustrate the nature and severity of \nthe hazard with pictographs. [Cases: Products Liabil\nity (;=133.] \nwarnistura (wor-n,,-st[y]oor-;:l), n, [Law Latin] Hist. Fur\nniture; provision, \nwarnoth (wor-noht). Hist. A defunct custom by which \na tenant who failed to pay rent on a set day had to pay \ndouble the amount due, and on failing a second time \nhad to pay triple (and so on). \nwar ofaggression. See WAR. \nwar power. (18c) The constitutional authority ofCongress \nto declare war and maintain armed forces (U.S. Const. \nart. I,  8, cIs. 11-14), and of the President to conduct \nwar as commander-in-chief (U.S. Const. art. II,  2, el, \n1). [Cases: War and National Emergency (;::>2.] \nWar Powers Clause. See WAR CLAUSE. \nwar-powers resolution. (1954) A resolution passed by \nCongress in 1973 (over the President's veto) restricting \nthe President's authority to involve the United States in foreign hostilities without congressional approval, \nunless the United States or one of its territories is \nattacked. 50 USCA  1541-1548. [Cases: War and \nNational Emergency \nwarrandice (wahr-;:ln-dis or -dIS). Scots law. An obli\ngation to indemnify the grantee or buyer of land if \nanother person establishes a superior title and takes \npossession. \npersonal warrandice. An obligation to indemnify that \nbinds the grantor and the grantor's heirs. \nreal warrandice. An obligation by which certain lands \nare made over as security for lands conveyed to the \ngrantee and will be transferred to the grantee ifhe \nor she is evicted from the conveyed lands by a third \nparty. \nwarrant, n. (l4c) 1. A writ directing or authorizing \nsomeone to do an act, esp. one directing a law enforcer \nto make an arrest, a search, or a seizure. \nadministrative warrant. (1951) A warrant issued by \na judge at the request of an administrative agency. \n This type of warrant is sought to conduct an \nadministrative search. See administrative search \nunder SEARCH. -Also termed administrative search \nwarrant. [Cases: Searches and Seizures \nanticipatory search warrant. See SEARCH WARRANT. \narrest warrant. (1894) A warrant, issued only on \nprobable cause, directing a law-enforcement officer \nto arrest and bring a person to court. -Also termed \nwarrant ofarrest. [Cases: Criminal Law C=>215\n220.] \nbench warrant. (17c) A writ issued directly by a judge \nto a law-enforcement officer, esp, for the arrest of \na person who has been held in contempt, has been \nindicted, has disobeyed a subpoena, or has failed to \nappear for a hearing or trial.  A bench warrant is \noften issued for the arrest of a child-support obligor \nwho is found in contempt for not having paid the \nsupport obligation. [Cases: Criminal Law C=,}263.] \nblanket search warrant. See SEARCH WARRANT, \nborder warrant. A writ ofarrest or other warrant con\ncerning debts owed, issued on one side ofa national \nborder for execution on the other side; esp., such a \nwarrant issued on either side of the border between \nEngland and Scotland. \ncommitment warrant. See warrant ofcommitment. \ndeath warrant. (I8c) A warrant authorizing a warden \nor other prison official to carry out a death sentence . \nA death warrant typically sets the time and place for a \nprisoner's execution. [Cases: Sentencing and Punish\nment (;::> 1795.] \ndistress warrant. (I8c) 1. A warrant authorizing a court \nofficer to distrain property. See DISTRESS. 2. A writ \nallowing an officer to seize a tenant's goods for failing \nto pay rent due to the landlord. [Cases: Landlord and \nTenant (;::>270(6).] \n\n1723 warrant \nescape warrant. (l8c) 1. A warrant directing a peace I known by Sight but not by name. This type of \nofficer to rearrest an escaped prisoner. 2. Hist. A \nwarrant granted to retake a prisoner who had escaped \nfrom a royal prison after being committed there . \nThe warrant was obtained on affidavit from the judge \nof the court in which the action had been brought, \nand was directed to all sheriffs throughout England, \ncommanding them to retake and commit the prisoner \nto the nearest jail. \nextradition warrant. (1S76) A warrant for the return of \na fugitive from one jurisdiction to another. Cf. rendi\ntion warrant. [Cases: Extradition and Detainers \n12,36.] \nfugitive warrant. (1900) A warrant authorizing law\nenforcement officers to take into custody a person \nwho has fled from one state to another to avoid pros\necution or punishment. \ngeneral warrant. (16c) 1. Hist. A warrant issued by \nthe English Secretary of State for the arrest of the \nauthor, printer, or publisher of a seditious libel, \nwithout naming the persons to be arrested. General \nwarrants were banned by Parliament in 1766. \n\"A practice had obtained in the secretaries office ever since \nthe restoration, grounded on some clauses in the acts for \nregulating the press, of issuing general warrants to take \nup (without naming any person in particular) the authors, \nprinters and publishers of such obscene or seditious libels, \nas were particularly specified in the warrant. When those \nacts expired in 1694, the same practice was inadvertently \ncontinued, in every reign and under every administration, \nexcept the four last years of queen Anne, down to the year \n1763: when such a warrant being issued to apprehend the \nauthors, printers and publishers of a certain seditious libel, \nits validity was disputed; and the warrant was adjudged by \nthe whole court of king's bench to be void, in the case of \nMoney v. Leach. Trin. 5 Ceo. III. FR. After which the issuing \nof such general warrants was declared illegal by a vote of \nthe house of commons.\" 4 William Blackstone, Commentar \nies on the Laws ofEngland 288 n.i (1769). \n2. A warrant giving a law-enforcement officer broad \nauthority to search and seize unspecified places or \npersons; a search or arrest warrant that lacks a suf\nficiently particularized description of the person \nor thing to be seized or the place to be searched . \nGeneral warrants are unconstitutional because they \nfail to meet the Fourth Amendment's specificity \nrequirements. \n\"But though there are precedents of general warrants to \nsearch all suspected places for stolen goods, these are \nnot at common law legal, because it would be extremely \ndangerous to leave it to the discretion of a common officer \nto arrest what person, or search what houses he thinks fit. \nAnd in the great case of Money v. Leach, it was declared \nby Lord Mansfield, that a warrant to search for, and secure \nthe person and papers of the author, printer and publisher \nof a libel, is not only illegal in itself, but is so improper on \nthe face of it, that it will afford no justification to an officer \nacting under its sanction. And by two resolutions of the \nHouse of Commons such general warrants were declared \nto be invalid.\" 1Joseph Chitty, A Practical Treatise on the \nCriminal Law66 (2d ed. 1826). \nJohn Doe warrant. (1900) A warrant for the arrest of \na person whose name is unknown. A John Doe \nwarrant may be issued, for example, for a person warrant is permitted in a few states, but not in federal \npractice. \njustice's warrant. See peace warrant. \nlandlord's warrant. (1824) A type of distress warrant \nfrom a landlord to seize the tenant's goods, to sell \nthem at public sale, and to compel the tenant to pay \nrent or observe some other lease stipulation. See \nDISTRAIN; DISTRESS. \nno-knock search warrant. See SEARCH WARRANT. \noutstanding warrant. (1899) An unexecuted arrest \nwarrant. \npeace warrant. (18c) A warrant issued by a justice of \nthe peace for the arrest ofa specified person. -Also \ntermed justice's warrant. \npossessory warrant. (1850) A process, similar to a \nsearch warrant, used under certain circumstances by \na plaintiff to search for and recover property wrong\nfully taken or held by another. \npreliminary warrant. (1859) A warrant to bring a \nperson to court for a preliminary hearing on probable \ncause. \nprobation-violation warrant. See violation warrant. \nrendition warrant. (1881) A warrant requesting the \nextradition of a fugitive from one jurisdiction to \nanother. Cf. extradition warrant. [Cases: Extradition \nand Detainers C=:> 16,36.] \nsearch warrant. See SEARCH WARRANT. \nsurreptitious-entry warrant. (1985) A warrant autho\nrizing a law officer to enter and observe an ongoing \ncriminal operation (such as an illegal drug lab). \ntax warrant. (lSc) An official process issued for col\nlecting unpaid taxes and under which property may \nbe seized and sold. \nvalid warrant. A warrant that is regular in form and \nis issued by a court, body, or official having both the \nauthority to issue the warrant for the purpose stated \nand jurisdiction over the person named, all the requi\nsite proceedings for its proper issuance having taken \nplace. [Cases: Searches and Seizures 101.] \nviolation warrant. A warrant issued for the arrest \nof a convict who has violated the terms of proba\ntion, parole, or supervised release. Also termed \n(narrowly) probation-violation warrant. [Cases: \nPardon and Parole C=:>Sl; Sentencing and Punish\nment C::;,20l2.] \nwarr"}
{"text": "Pardon and Parole C=:>Sl; Sentencing and Punish\nment C::;,20l2.] \nwarrant ofarrest. See arrest warrant. \nwarrant ofcommitment. A warrant committing a \nperson to custody. --Also termed commitment \nwarrant. \nwarrant upon indictment or information. (1903) An \narrest warrant issued at the request of the prosecutor \nfor a defendant named in an indictment or informa\ntion. Fed. R. Crim. P. 9. \n\n1724 warrant \n2. A document conferring authority, esp. to payor \nreceive money. \ndeposit warrant. A warehouse receipt used as security \nfor aloan. \ndock warrant. See DOCK RECEIPT. \ninterest warrant. 1. An order by a corporation direct\ning a bank to pay the interest due on a note, bond, or \nother debt to a corporate creditor. 2. A document by \nwhich a creditor, usu. a company, asks an insurer to \npay all the interest due on the insurer's notes, bonds, \nor other debts held by the creditor. \nmunicipal warrant. An order to draw money from a \nmunicipality's treasury for the payment ofthe munic\nipality's expenses or debts. [Cases: Municipal Corpo\nrations <>895.] \ntax-anticipation warrant. A warrant that is issued \nto raise public money and that is payable out of tax \nreceipts when collected. \ntreasury warrant. An order in the form of a check on \nwhich government disbursements are paid. [Cases: \nUnited States <>87.] \n3. An order by which a drawer authorizes someone to \npay a particular sum ofmoney to another. [Cases: Bills \nand Notes <>1.] \ncounty warrant. A warrant drawn by a county official, \ndirecting the county treasurer to pay a sum ofmoney \nout ofcounty funds to bearer, to a named individual, \nor to the named individual's order. [Cases: Counties \n<>163.] \n4. Securities. An instrument granting the holder a long\nterm (usu. a five- to ten-year) option to buy shares at \na fixed price. -It is commonly attached to preferred \nstocks Of bonds. Also termed stock warrant; sub\nscription warrant. [Cases: Corporations <>72.] \nwarrant, vb. (14) 1. To guarantee the security of (realty \nor personalty, or a person) <the store warranted the \nsafety ofthe customer's jewelry>. 2. To give warranty of \n(title); to give warranty oftitle to (a person) <the seller \nwarrants the property's title to the buyer>. [Cases: Cov\nenants <>45,67.] 3. To promise or guarantee <warrant \npayment>. \n\"Even today lawyers use the verb 'to warrant' meaning to \npromise without necessarily indicating that the promise \nis a warranty.\" P.S. Atiyah, An Introduction to the Law of \nContract 145 n.1 (3d ed. 1981). \n4. To justify <the conduct warrants a presumption of \nnegligence>. 5. To authorize <the manager warranted \nthe search of the premises>. \nwarrant arrest. See lawful arrest under ARREST. \nWarrant Clause. (1962) The clause ofthe Fourth Amend\nment to the U.S. Constitution requiring that warrants \nbe issued only on probable cause. [Cases: Arrest \n63.1; Searches and Seizures (~23, 24.] \nwarrant creditor. See CREDITOR. \nwarranted arrest. See ARREST. \nwarranted search. See SEARCH. warrantee (wor-;:>n-tee or wahr-). A person to whom a \nwarranty is given; esp., a person who receives a written \nwarranty. -The term also sometimes applies to the \nbeneficiary ofan implied warranty. \nwarrantia chartae. See DE WARRANTIA CHARTAE. \nwarrantia custodiae (w;:>-ran-shee-.:l k.:l-stoh-dee-ee), n. \n[Law Latin] LUst. A writ for a purchaser ofland held in \nknight's service against the seller (and heirs), who had \nwarranted that the land was free of wardship when a \nwardship was later claimed. \nwarrantia diei. See DE WARRANTIA DIEL \nwarrantizare (wor-.:ln-t.:l-zair-ee), vb. [Law Latin] Hist. \nTo warrant by covenant (in a deed of conveyance) \nto defend the grantee's title and possession. Also \nspelled warantizare. \nwarrantless arrest. See ARREST. \nwarrantless search. See SEARCH. \nwarrant ofarrest. See arrest warrant under WARRANT \n(1). \nwarrant of attorney. 1. POWER OF ATTORNEY (1). 2. \nArchaic. Written authority given by a client to a lawyer \nto appear in court and to confess judgment in favor of \na specified party. -It usu. instructed the attorney not \nto bring any action, seek a writ of error, or file a bill \nin equity that might delay the judgment. The warrant \nwas typically given as security for an obligation on \nwhich judgment was authorized. Cf. CONFESSION OF \nJUDGMENT; COGNOVIT. [Cases: Federal Civil Procedure \n<>2396; Judgment <>43.1 \n\"A warrant of attorney was not required to be under seal, \nthough it generally was so. In order to guard against any \nimposition in procuring debtors to execute warrants of \nattorney or cognovits in ignorance of the effect of such \ninstruments, it is provided that a warrant of attorney to \nconfess judgment in any personal action, or cognovit \nactionem, given by any person, shall not be of any force, \nunless there is present some attorney of one of the superior \ncourts on behalf of such person, expressly named by him \nand attending at his request, to inform him of the nature \nand effect of such warrant or cognovit, before the same \nis executed ....\" Joshua Williams, Principles of the Law of \nPersonal PFoperty 125 (11th ed, 1881). \nwarrant of commitment. See WARRANT (1). \nwarrant of confession. See CONFESSION OF JUDGMENT. \nwarrant officer. 1. OFFICER (2). 2. SERGEANT-AT-ARMS \n(4). \nwarrantor (wor-;m-tor or -t<lf orwahr-). (15c) A person \nwho gives a written warranty or becomes obligated \nunder an implied warranty. See 15 USCA  2301(5). \nwarrant recall, n. A procedure for removing from \ngovernment computers information about canceled \nwarrants in order to avoid repeated or mistaken \narrests. \nwarrant to sue and defend. Hist. 1. Written authority \ngiven by a client to a lawyer to authorize commence\nment or defense ofa lawsuit. 2. A special warrant from \nthe Crown authorizing a party to appoint an attorney \nto sue or defend on the party's behalf. \n\nwarrant upon indictment or information. See WARRANT \n(1). \nwarranty (wor-;}n-tee or wahr-), n. (l4c) 1. Property. A \ncovenant by which the grantor in a deed promises to \nsecure to the grantee the estate conveyed in the deed, \nand pledges to compensate the grantee ifthe grantee is \nevicted by someone having better title . The covenant \nis binding on the grantor's heirs. Historically, a war\nrantor was expected to turn over land. But cash com\npensation could be substituted. See COVENANT (4). Cf. \nquitclaim deed under DEED. [Cases: Covenants C:::J45, \n67.] \ncollateral warranty. (l6c) A warranty that is made by a \nstranger to the title, and that consequently runs only \nto the covenantee and not with the land. [Cases: Cov\nenants (;::::J45, 67.] \ngeneral warranty. (17c) A warranty against the claims \nofall persons. [Cases: Covenants (;::::J47, 67.] \nlineal warranty. Hist. A warranty existing when an heir \nderives title to land from the warrantor; a warranty \nfrom the same ancestor as the one from whom the \nland derived. \nspecial warranty. (17c) A warranty against any person's \nclaim made by, through, or under the grantor or the \ngrantor's heirs. [Cases: Covenants (;::::J48, 67.] \n2. Contracts. An express or implied promise that some\nthing in furtherance of the contract is guaranteed by \none of the contracting parties; esp., a seller's promise \nthat the thing being sold is as represented or promised. \n Although a court may treat a misrepresentation as an \nimplied warranty, in general a warranty differs from a \nrepresentation in four principal ways: (1) a warranty \nis conclusively presumed to be material, while the \nburden is on the party claiming breach to show that \na representation is material; (2) a warranty must be \nstrictly complied with, while substantial truth is the \nonly requirement for a representation; (3) a warranty \nis an essential part ofa contract, while a representation \nis usu. only a collateral inducement; and (4) an express \nwarranty is usu. written on the face of the contract, \nwhile a representation may be written or oral. Cf. CON\nDITIoN (2), (3); GUARANTEE (1). [Cases; Contracts \n205.5; Sales (;::::J246-288.5.] \n\"[Tlwo points must be borne in mind. In the first place, the \nwords 'condition' and 'warranty' are not invariably kept as \ndistinct as accuracy of definition demands; and in insur\nance law especially 'warranty' is very commonly used in the \nsense ascribed to 'condition' .... In the second place, the \ninjured party, if he chooses to waive his right to repudiate \nthe contract on breach of a condition, may still bring an \naction for such damages as he has sustained.\" William R. \nAnson, Principles of the Law of Contract 223 (Arthur L. \nCorbin ed., 3d Am. ed. 1919). \n\"The terms 'warranty' and 'condition' are generally used \ninterchangeably, for all practical purposes, and they \nrefer to representations or promises by the insureds, \nincorporated into the contract itself, on the truthfulness \nor fulfillment of which it is agreed that the rights of the \ninsured shall depend. The primary differences between a \nmere representation and a warranty or condition are (1) \nwhile the insurer has the burden of proving the material\nity of a misrepresentation before it will be grounds for avoidance, the materiality of a warranty or condition is \nconclusively presumed; and (2) while a representation will \nnot be grounds for avoidance as long as it is substantially \ntrue. a warranty or condition must be strictly complied \nwith in order to preclude avoidance. As with the majority \nview in representations, good or bad faith on the part of \nthe insured is irrelevant.\" John F. Dobbyn, Insurance Law \nin a Nutshell 201 (3d ed. 1996). \nas-is warranty. (1976) A warranty that goods are sold \nwith all existing faults. See AS IS. [Cases: Sales \n267.] \nconstruction warranty. (1968) A warranty from the \nseller or bUilding contractor of a new home that \nthe home is free of structural, electrical, plumbing, \nand other defects and is fit for its intended purpose. \n[Cases; Contracts (;::::J205.35(2).] \ndeceptive warranty. (1975) A warranty containing false \nor fraudulent representations or promises. [Cases: \nAntitrust and Trade Regulation (;::::J204.] \nexpress warranty. (l7c) A warranty created by the overt \nwords or actions of the seller . Under the UCC, an \nexpress warranty is created by any of the following: \n(1) an affirmation offact or promise made by the seller \nto the buyer relating to the goods that becomes the \nbasis of the bargain; (2) a description of the goods \nthat becomes part of the basis of the bargain; or (3) a \nsample or model made part of the basis ofthe bargain. \nUCC  2-313. [Cases; Contracts (;::::J20S.1O; Sales (;::::J \n259.] \n\"An express warranty arises from the contract itself, from \nthe 'dickered' aspects of the individual bargain. Any affir\nmation or promise relating to the goods, any description of \nthe goods, and any sample or model of the goods becomes \nan express warranty if it is 'part ofthe basis of the bargain.'\" \n1 Julian B. McDonnell & Elizabeth J. Coleman, Commercial \nand Consumer Warrantien 1.02[11, at 17 (1991). \nextended warranty. (1936) An additional warranty \noften sold with the purchase ofconsumer goods (such \nas appliances and motor vehicles) to cover repair costs \nnot otherwise covered by a manufacturer's standard \nwarranty, by extending either the standard-warranty \ncoverage period or the range of defects covered. \nAlso termed extended service warranty; extended \nservice contract. [Cases: Sales (;::::J279.] \nfull warranty. A warranty that fully covers labor and \nmaterials for repairs . Under federal law, the war\nrantor must remedy the consumer product within \na reasonable time and without charge after notice of \na defect or malfunction. 15 USCA  2304. See MAG\nNUSON-MOSS WARRANTY ACT. Cf. limited warranty. \n[Cases: Antitrust and Trade Regulation C=204.] \nimplied warranty. (18c) An obligation imposed by \nthe law when there has been no representation or \npromise; esp., a warranty arising by operation oflaw \nbecause ofthe circumstances ofa sale, rather than by \nthe seller's express promise. [Cases: Contracts (,=. \n205.15; Sales (',--J 262.5.] \nimplied warranty offit"}
{"text": ",=. \n205.15; Sales (',--J 262.5.] \nimplied warranty offitness for a particular purpose. \n(1923) A warranty implied by law if the seller has \nreason to know ofthe buyer's special purposes for the \n\nitem that the item is suitable for those purposes. \nSometimes shortened to warranty offitness. [Cases: \nContracts C:=-20S.1S(3); Sales C:=-273(I).] \n\"Those unfamiliar with the differences between the \nwarranty of merchantability (fitness for the ordinary \npurposes for which such goods are used) and the warranty \nof fitness for a particular purpose often confuse the two; \none can find many opinions in which the judges used \nthe terms 'merchantability' and 'fitness for a particular \npurpose' interchangeably. Such confusion under the Code \nis inexcusable.\" 1 James j. White & Robert S. Summers, \nUniform Commercial Code  910, at 527 (4th ed. 1995). \nimplied warranty ofhabitability. (1900) In a residen\ntiallease, a warranty from the landlord to the tenant \nthat the leased property is fit to live in and that it will \nremain so during the term ofthe lease. -Also termed \ncovenant ofhabitability. -Ihis warranty usu. applies \nto residential property, but a few courts, esp. in Utah, \nhave applied it to commercial property as well. [Cases: \nLandlord and Tenant (;;:>125(1).] \nimplied warranty of merchantability. (1896) A \nmerchant seller's warranty implied by law \nthat the thing sold is fit for its ordinary purposes. _ \nUnder the UCc, an implied warranty of merchant\nability arises whenever a merchant sells goods unless \nthe agreement expressly provides otherwise. UCC \n2-314. -Sometimes shortened to warranty ofmer\nchantability. [Cases: Contracts C:=-205.15(3); Sales \nC:=-272.] \n\"The implied warranty of merchantability attaches when \nthe seller is a merchant with respect to the goods involved \nin the exchange. Accordingly, the product must meet \ncertain standards; it must pass without objection in the \ntrade under the contract description and it must be fit for \nthe ordinary purposes for which such goods are used. The \nconcepts of marketability, operability, and repairability \nhave emerged as varying criteria for merchantable goods.\" \n1Julian B. McDonnell & ElizabethJ. Coleman, Commercial \nand Consumer Warranties 1 1.02[1], at 17 (1991). \nlimited warranty. (1871) A warranty that does not \nfully cover labor and materials for repairs. _ Under \nfederal law, a limited warranty must be clearly labeled \nas such on the face of the warranty. See MAGNUSON\nMOSS WARRANTY ACT. Cf.full warranty. [Cases: Sales \nC:=-279.] \npersonal warranty. (18c) A warranty arising from an \nobligation to pay all or part ofthe debt of another. \npresentment warranty. (1965) An implied promise \nconcerning the title and credibility ofan instrument, \nmade to a payor or acceptor upon presentment ofthe \ninstrument for payment or acceptance. UCC  3-417, \n3-418. [Cases: Banks and Banking C:=-149, 174; Bills \nand Notes (,~296, 326.] \ntransfer warranty. (1964) 1. An implied promise \nconcerning the title and credibility of an instru\nment, made by a transferor to a transferee and, ifthe \ntransfer is by indorsement, to remote transferees. \nUCC  3-417, 4-207. [Cases: Banks and Banking C:=\n149, 174; Bills and Notes 326.] 2. A warranty \nmade by a transferee of a document of title upon a \ntransfer of the document for value to the immediate \ntransferee. UCC  7-507. [Cases: Carriers C:;;)S8.] warranty ab initio (ab i-nish-ee-oh). (12006) An inde\npendent subSidiary promise whose breach does not \ndischarge the contract, but gives to the injured party \na right of action for the damage sustained as a result \nof the breach. _ Ab initio means that the warranty \nexisted from the contract's inception. Cf. warranty ex \npost facto. [Cases: Contracts (>:;::;318; Sales C:=-282.] \nwarranty against infringement. A merchant's warranty \nthat the goods being sold or licensed do not violate \nany patent, copyright, trademark, or other intellec\ntual-property claim. -The warranty does not arise \nif the buyer provides the seller with the specifica\ntions for the goods purchased. Under  2-312(3) of \nthe Uniform Commercial Code, the warranty against \ninfringement is a part of the warranty of title unless \nit is explicitly disclaimed. \nwarranty ex post facto (eks pohst fak-toh). (1961) A \nbroken condition for which the injured party could \nvoid the contract, but decides instead to continue the \ncontract, with a right ofaction for the broken condi\ntion (which amounts to a breached warranty). -The \nwarranty is expost facto because it was not originally \npart of the contract. It arises only after the injured \nparty elects to continue the contract, thereby reducing \nthe broken condition to a breached warranty. See \nCONDITION (2). Cf. warranty ab initio. [Cases: Con\ntracts Sales C:=-282.] \nwarranty ofactual title. See warranty oftitle. \nwarranty ofassignment. (18c) An assignor's implied \nwarranty that he or she (1) has the rights assigned, \n(2) will do nothing to interfere with those rights, and \n(3) knows of nothing that impairs the value of the \nassignment. [Cases: Assignments 0:',;:>97.] \nwarranty ofauthorship. Copyright. An author's con\ntractual warranty that the work is an original work \nby that author. [Cases: Copyrights and Intellectual \nProperty C:=-49.] \nwarranty offitness. See implied warranty offitness for \na particular purpose. \nwarranty ofmerchantability. See implied warranty of _ \nmerchantability. \nwarranty oftitle. (18c) A warranty that the seller or \nassignor of property has title to that property, that \nthe transfer is rightful, and that there are no liens or \nother encumbrances beyond those that the buyer or \nassignee is aware ofat the time ofcontracting. -This \nwarranty arises automatically whenever anyone sells \ngoods. Also termed warranty ofactual title. [Cases: \nCovenants C:=-38-48, 62-67; Sales \nwritten \t warranty. (1807) A warranty made in \nwriting; specif., any written affirmation or promise \nby a supplier of a consumer product to a buyer (for \npurposes other than resale), forming the basis of the \nbargain and providing that the material or workman\nship is free of defects or will be repaired or replaced \nfree ofcharge ifthe product fails to meet the required \nspecifications. 15 USCA  2301. [Cases: Sales C:=\n260.] \n\n1727 \nY2K warranty. See Y2K WARRANTY. \n3. Insurance. A pledge or stipulation by the insured \nthat the facts relating to the person insured, the thing \ninsured, or the risk insured are as stated. [Cases: Insur\nance C::::;;2967, 3036.] \naffirmative warranty. A warranty -express or \nimplied that facts are as stated at the beginning of \nthe policy period . An affirmative warranty is usu. a \ncondition precedent to the policy taking effect. [Cases: \nInsurance C::::;;2967.] \nexecutory warranty. A warranty that arises when \nan insured undertakes to perform some executory \nstipulation, such as a promise that certain acts will \nbe done or that certain facts will continue to exist. \n[Cases: Insurance (;:::::c 3036.] \npromissory warranty. A warranty that facts will \ncontinue to be as stated throughout the policy period, \nsuch that a failure of the warranty provides the insurer \nwith a defense to a claim under the poHcy. Also \ntermed continuing warranty. [Cases: Insurance \n3036.] \nwarranty clause. 1. A contractual clause containing \na warranty. 2. Oil & gas. A provision in an oil-and\ngas lease by which the lessor guarantees that title is \nwithout defect and agrees to defend it. -Ifthe warranty \nis breached, the lessor may be held Hable to the lessee to \nthe extent that the lessor has received payments under \nthe lease. Presence ofa warranty in an oil-and-gas lease \nmay also cause after-acquired interests to pass from \nthe lessor to the lessee by application of estoppel by \ndeed. [Cases: Estoppel (;:::::c,23; Mines and Minerals (;:::::c \n73.1(5).] \nwarranty deed. See DEED. \nwarren (wor-;m orwahr-,m). 1. A place for the preserva\ntion of certain wildlife (such as pheasants, partridges, \nor rabbits). 2. A privilege to keep wildlife or game in a \nwarren. 3. The area to which the privilege extends. \nfree warren. A warren privilege giving the grantee the \nsole right to kill the wildlife to the extent ofthe grant\nee,s warren area. -Also termed libera warrena. \n\"Free warren is a ... franchise, erected for preservation \nor custody ... of beasts and fowls of warren; wh ich being \nferae naturae, everyone had a right to kill as he could; but \nupon the introduction of the forest laws ... these animals \nbeing looked upon as royal game and the sole property \nof our savage monarchs, this franchise of free warren was \ninvented to protect them; by giving the grantee a sole and \nexclusive power of killing such game ... on condition of \nhis preventing other persons. A man therefore that has \nthe franchise of warren is in reality no more than a royal \ngamekeeper; but no man, not even a lord of a manor, could \nby common law justify sporting on another's soil, or even \non his own, unless he had the liberty of free warren.\" 2 \nWilliam Blackstone, Commentaries on the Laws ofEngland \n38-39 (1766). \nwar-risk insurance. See INSURANCE. \nWarsaw Convention. Int'llaw. A treaty (to which the \nUnited States is a party) negotiated in Warsaw, Poland, \nin 1929, consisting of uniform rules governing claims waste \nair travel. Cf. MONTREAL AGREEMENT. Carriers \n~J307; Treaties \n\"Under the [Warsaw] Convention ... air carriers are abso\nlutely liable up to a preset monetary ceiling for any aCCident \nin which a passenger suffers bodily injury or death, as \nlong as the accident took place on board the aircraft or \nin the process of any of the operations of embarking or \ndisembarking. The Convention limits the liability of the \ncarrier for each passenger to the sum of 125,000 francs, \nunless the carrier and passenger by special contract agree \nto a higher limit of liability, or unless it can be established \nthat the carrier has been guilty of 'willful misconduct.' The \nConvention contains a two-year time limitation for bringing \nsuit, and also absolves the carrier from liability upon a \nshowing of due care on its part.\" 8A Am. Jur. 2d Aviation \n 149, at 160~61 (1997). \nwarship. Int'llaw. A ship commissioned by a nation's \nmilitary, operating with a military command and crew \nand displaying the nation's flag or other external marks \nindicating its country oforigin. _ Under international \nmaritime laws, warships are not subject to many of \nthe safety and environmental regulations that apply to \nshipping vessels and passenger ships. \nwarth. See WARDPENNY. \nwarwit. See WARDWIT. \nwar zone. Int'llaw. A designated area, on land or at sea, \nwithin which the rights of neutral countries are not \nrespected by belligerent countries. [Cases: War and \nNational Emergency \nwash, n. 1. A situation in which two effects offset each \nother. For example, if an event produces gross \nincome and also a deduction in the same amount so \nthat taxable income is unchanged, the event creates a \nwash. 2. The shallow part ofa river or the arm of a sea; \nthe sand, rocks, and gravel washed down by a mountain \nstream and deposited on levelland near the mouth of \na canyon. \nwash sale. See SALE. \nwash transaction. See wash sale under SALE. \nwaste, n. (ISc) 1. Permanent harm to real property com\nmitted by a tenant (for life or for years) to the prejudice \nofthe heir, the reversioner, or the remainderman. -In \nthe law of mortgages, any of the follOWing acts by the \nmortgagor may constitute waste: (1) physical damage, \nwhether intentional or negligent, (2) failure to maintain \nand repair, except for repair of casualty damage or \ndamage caused by third-party acts, (3) failure to pay \nproperty taxes or governmental assessments secured \nby a lien having priority over the mortgage, so that the \npayments become delinquent, (4) the material failure to \ncomply with mortgage covenants concerning physical \ncare, maintenance, construction, demolition, or \ncasualty insurance, or (5) keeping the rents to which the \nmortgagee has the right ofpossession. -Also termed \ndevastation; vastum. [Cases: Waste 1.J \n''The old action of waste was a mixed action, being founded \nin part on the statute of Gloucester (A.D. 1278), which \nprovided that 'he which shall be attainted of waste shall \nlose the thing wasted, and moreover shall recompense \nthrice as much"}
{"text": "that 'he which shall be attainted of waste shall \nlose the thing wasted, and moreover shall recompense \nthrice as much as the waste shall be taxed at.' The action \nwas to recover the land in which waste had been done \nmade for personal injuries arising out of international i and the treble damages. The statute of Gloucester was \n\nwaste book 1728 \nimported into this country, but many variant statutes now \nregulate the subject.\" Edwin E. Bryant, The Law ofPleading \nUnder the Codes ofCivil Procedure 13 (2d ed. 1899). \nactive waste. See commissive waste. \naffirmative waste. See commissive waste. \nameliorating waste (d-meel-Yd-ray-ting). (1927) A \nlessee's unauthorized change to the physical charac\nter of a lessor's property -technically constituting \nwaste, but in fact resulting in improvement of the \nproperty . Generally, equity will not enjoin such \nwaste. Also termed ameliorative waste. \ncommissive waste (k<l-mis-iv). (1868) Waste caused \nby the affirmative acts of the tenant. -Also termed \nactive waste; affirmative waste; voluntary waste. \n[Cases: Landlord and Tenant (::::)55(2).J \ndouble waste. Hist. The destruction occurring when \na tenant having a duty to repair allows a house to \ndeteriorate, and then unlawfully cuts down timber \nto repair it. \neconomic waste. See ECONOMIC WASTE. \nequitable waste. (1842) Waste that abuses a privilege of \nnonimpeachability at common law, for which equity \nwill restrain the commission of willful, destructive, \nmalicious, or extravagant waste; esp., waste caused by \na life tenant who, although ordinarily not responsible \nfor permissive waste, flagrantly damages or destroys \nthe property. [Cases: Waste (::::)4.] \n\"A life tenant with the benefit of an express exemption from \nliability for voluntary waste will nevertheless be restrained \nin equity from committing acts of flagrant destruction to \nthe premises; hence the (seemingly paradoxical) term, \n'equitable waste'. A life tenant who has engaged in, or \nwho threatens to engage in, reprehensible acts of voluntary \nwaste will not be permitted unconscientiously to shield \nbehind his legal right to commit waste to the detriment of \nthose next entitled to enjoyment of the property, for this \nwould be to abuse the legal right.\" Peter Butt, Land Law \n114-15 (2d ed. 1988). \npermissive waste. (l7c) A tenant's failure to make \nnormal repairs to property so as to protect it from \nsubstantial deterioration. [Cases: Waste C=>3.] \nvoluntary waste. (16c) Waste resulting from some \npositive act of destruction. See commissive waste. \n[Cases: Waste \n\"Voluntary waste. This involves some positive act of injury \nto the property, diminishing its value for the person next \nin succession; it is a deliberate and active change to the \nproperty. Examples are altering the character of premises \nby demolishing internal walls and fittings or opening and \nworking a mine on the land (but not working a mine already \nopened, for the pre-existence of the mine shows an inten\ntion on the part of the grantor that the profits from the \nmine are to be enjoyed by the life tenant). A life tenant is \nliable for voluntary waste, unless the instrument confer\nring the interest expressly exempts liability for voluntary \nwaste.\" Peter Butt, Land Law 114 (2d ed. 1988). \n2. Refuse or superfluous material, esp. that remain\ning after a manufacturing or chemical process <toxic \nwaste>. \nhazardous waste. (1974) Waste that because of its \nquantity, concentration, or physical, chemical, or infectious characteristics may cause or signifi\ncantly contribute to an increase in mortality or oth\nerwise harm human health or the environment. 42 \nUSCA  6903(5). Also termed hazardous substance. \n[Cases: Environmental Law C=>427.J \ntoxic waste. (1964) Hazardous, poisonous substances, \nsuch as dichlorodiphenyltrichloroethane (DDT) . \nMost states regulate the handling and disposing of \ntoxic waste, and several federal statutes (such as the \nComprehensive Environmental Response Compensa\ntion and Liability Act of 1980 (CERCLA), 42 USCA \n 9601-9657) regulate the use, transportation, and \ndisposal of toxic waste. [Cases: Environmental Law \nC=>427.] \nwaste book. A merchant's book for making rough entries \nof transactions before posting them into a journaL \nAlso termed blotter. \nwasted vote. See VOTE (1). \nwastewater. See WATER. \nwasting asset. See ASSET. \nwasting property. See PROPERTY. \nwasting trust. See TRUST. \nwastor, n. Hist. A type of thief, classified in a statute of \nEdward III with marauding vagabonds and burglars \nwho entered premises by lifting door latches. 5 Edw. \n3, ch. 14. \nwatch, n. Maritime law. 1. A division of a ship's crew \n<port or starboard watch>. [Cases: Collision C=>77, \n81,99.] 2. The division ofthe day into time periods of \nservice by officers and the crew <four-hour watch>. \nwatch, vb. Hist. To stand guard during the night. \nwatch and ward, n. Hist. A feudal duty that some tenants \nhad to keep guard through continuous vigilance . The \nphrase denotes keeping guard by night (watch) and by \nday (ward). -Also termed watching and warding. \nwater. 1. The transparent liquid that is a chemical \ncompound of hydrogen and oxygen (HP). 2. A body \nof this liquid, as in a stream, river, lake, or ocean. \nbackwater. Water in a stream that, because of a dam \nor obstruction, cannot flow forward and sometimes \nflows back. [Cases: Waters and Water Courses \n53,159-175.] \ncoast water. Tidewater navigable by an ocean vessel; \nall water opening directly or indirectly into the \nocean and navigable by a vessel coming in from the \nocean. Also termed coastal water. \ndeveloped water. Water brought to the surface and \nmade available for use by the party claiming the water \nrights. \ndiffused surface water. Water, such as rainfall runoff, \nthat collects and flows on the ground but does not \nform a watercourse . Surface water is usu. subject to \ndifferent regulations from water flowing in a water\ncourse. -Often shortened to surface water. See \nCOMMON-ENEMY DOCTRINE; WATERCOURSE. [Cases: \nWaters and Water Courses ~115.] \n\n1729 watered stock \nexcess water. Water that is flowing in a stream in \naddition to what may be termed adjudicated waters; \nany water not needed for the reasonable beneficial \nuses of those having priority rights. Also termed \nsurplus water. \nfloodwater. Water that escapes from a watercourse in \nlarge volumes and flows over adjoining property in \nno regular channel. \nforeign water. Water belonging to another nation or \nsubject to another jurisdiction. \ngroundwater. Water found in layers ofpermeable rock \nor soil. \ninland waters. See INTERNAL WATERS. \ninternal waters. See INTERNAL WATERS. \nnavigable water. See NAVIGABLE WATER. \nnavigable water ofthe United States. See NAVIGABLE \nWATER. \npercolating water. Water that oozes or seeps through \nthe soil without a defined channel (such as rainwa\nter or other water that has lost its status as part of \na stream) . Percolating water usu. constitutes part \nof the land on which it is found. [Cases: Waters and \nWater Courses C:::> 101.] \nposted water. (usu. pl.) A body of water that is reserved \nfor the exclusive use of the person who owns the land \nsurrounding it.  The owner secures the exclusive use \nby posting a notice prohibiting others from using the \nwater. \nprivate water. Nonnavigable water owned and con\ntrolled by one or more individuals and not subject to \npublic use . Ifa body of water is small and oflittle \nor no practical value for general public use, it is con\nsidered private. \npublic water. Water adapted for purposes ofnavigation \nor public access. \nsubterranean water. Water that lies or flows beneath \nthe earth's surface and that is not artificially confined. \n[Cases: Waters and Water Courses C:::>99.] \nsurface water. 1. Water lying on the surface of the \nearth but not forming part of a watercourse or lake. \n Surface water most commonly derives from rain, \nsprings, or melting snow. [Cases: Waters and Water \nCourses C=~115.] 2. See diffused surface water. \nsurplus water. 1. Water running off irrigated ground; \nwater not consumed by the irrigation process. 2. See \nexcess water. \nterritorial waters. The waters under a state's or nation's \njurisdiction, including both inland waters and sur\nrounding sea (traditionally within three miles of the \ncoastline). Also termed territorial sea; marine belt; \nmaritime belt. \ntidewater. See TIDEWATER. \nwastewater. 1. Water that escapes from the canals, \nditches, or other receptacles of the lawful claimant; \nwater that is not used by the appropriator and is permitted to run off the appropriator's property. 2. \nWater that is left over, esp. after a chemical or manu\nfacturing process. \nwater bayley (bay-lee). Rist. An officer (mentioned in \nthe colony laws of New Plymouth in A.D. 1671) who \nprimarily collects dues for fish taken out of the colony's \nwaters. \nwaterboarding. A form of torture in which water is \npoured over the face of a supine, immobilized victim \nwhose head is pulled back so that the victim cannot \navoid inhaling water, and thus experiences the sensa\ntion of drowning . In some variations, fabric or plastic \nmay be draped over the victim's face or the victim may \nbe gagged before the water is poured. See TORTURE. \nwatercourse. (16c) A body of water, usu. of natural \norigin, flowing in a reasonably definite channel with \nbed and banks . The term includes not iust rivers and \ncreeks, but also springs, lakes, and ma;shes in which \nsuch flowing streams originate or through which they \nflow. -Also termed waterway. [Cases: Waters and \nWater Courses C:::>38.] \n\"Once water joins a watercourse it becomes subject to state \ncontrol; in appropriation states it becomes available for \nappropriation to private uses according to state law .... \n[Aj watercourse could be defined to include not only rivers \nand lakes, but every tiny brook flowing into them, all the \ngullies through which water flows to the brooks, the \nsnowpack and rainfall that feed them, and the evaporat \ning or transpiring water in the process of forming clouds. \nBut we need not require scientists to trace water to such \nremote sources because it would be beyond the ability of \ngovernments to regulate these sources. Legal definitions \nare intended to define a point beyond which a state does \nnot regulate water use. Usually that point is when water is \nnot in a 'natural stream'.\" David H. Getches, Water Law in \na Nutshelll06~107 (3d ed. 1997). \nancient watercourse. A watercourse in a channel that \nhas existed from time immemorial. \nartificial watercourse. A man-made watercourse, usu. \nto be used only temporarily . If the watercourse is \nof a permanent character and has been maintained \nfor a sufficient length of time, it may be considered \na natural watercourse to which riparian rights can \nattach. [Cases: Waters and Water Courses e:-~168.] \n\"An artificial waterway or stream may. under some cir\ncumstances, have the characteristics and incidents of a \nnatural watercourse. In determining the question, three \nthings seem generally to be taken into conSideration by \nthe courts: (1) whether the way or stream is temporary \nor permanent: (2) the circumstances under which it was \ncreated; and (3) the mode in which it has been used and \nenjoyed.\" 78 Am. Jur. 2d Waters  196, at 644 (1975). \nnatural watercourse. A watercourse with its origin in \nthe forces of nature. A natural watercourse does \nnot include surface water, which often flows inter\nmittently and in an indefinite channel. In addition, \na natural stream is distingUished from an artificial \nditch or canal, which is typically not the subject of \nriparian rights. See RIPARIAN RIGHTS; WATER. [Cases: \nWaters and Water Courses ~)38.] \nwater district. See DISTRICT. \nwatered stock. See STOCK. \n\nwaterfront \nwaterfront, n. Land or land with buildings fronting a \nbody of water. \nwatergage, n. 1. A seawalL 2. An instrument used to \nmeasure the height ofwater. \nwatergavel, n. Hist. A fee paid for a benefit (such as \nfishing) obtained from a body of water. \nwatermark. 1. A mark indicating the highest or lowest \npOint to which water rises or falls. \nhigh-water mark. 1. 1he shoreline ofa sea reached by \nthe water at high tide . The high-water mark is usu. \ncomputed as a mean or average high tide and not as \nthe extreme height of the water. 2. In a freshwater \nlake created by a dam in an unnaVigable stream, the \nhighest point on the shore to which the dam can raise \nthe water in ordinary circumstances. 3. In a river not \nsubject to tides, the line that the river impresses on the \nsoil by covering it long enough to deprive it of agricul\ntural value. -Also termed high-water line. \nlow-water mark. 1. The shoreline ofa sea marking the \nedge of the water at the lowest point of the ordinary \nebb tide. 2. In a river, the point to which the water \nrecedes at its lowest stage. \n2. The transparent design or symbol seen when paper is \nheld up to the light, usu. to indicate the genuineness of \nthe document or the document's manufacturer. \nwater ordeal. See ordeal by water under ORDEAL. \nwaterpower. 1. The force obtained by converting water \ninto energy. 2. The rip"}
{"text": "al by water under ORDEAL. \nwaterpower. 1. The force obtained by converting water \ninto energy. 2. The riparian owner's right consisting \nofthe fall in the stream as it passes over or through \nthe riparian owner's land; the difference of the level \nbetween the surface where the stream first touches one's \nland and the surface where the water leaves the land. \n[Cases: Waters and Water Courses \nwater right. (often pl.) (18c) The right to use water from \na natural stream or from an artificial canal for irri\ngation, power, domestic use, and the like; RIPARIAN \nRIGHT. Also termed aquatic right. [Cases: Navigable \nWaters Waters and Water Courses C=>40-47, \n141, 168.] \nwaterscape, rI. (1842) An aqueduct or passage for water. \nwaterway. See WATERCOURSE. \nwaveson (wayv-san), n. Hist. Goods that float on the sea \nafter a shipwreck. Cf. FLOTSAM; JETSAM; LAGAN (1). \nwax scot (wak skot), n. Hist. A duty on wax candles used \nin churches, usu. paid twice a year. Also termed \ncerage (seer-ij); ceratium (si-ray-shee-\"m). \nway. (bef. 12c) 1. A passage or path. 2. A right to travel \nover another's property. See RIGHT-OF-WAY. [Cases: \nEasements (;=, 1.] \nprivate way. (17c) 1. The right to pass over another's \nland. [Cases: Easements C=> 1.] 2. A way provided by \nlocal authorities primarily to accommodate particu\nlar individuals (usu. at the individual's expense) but \nalso for the public's passage. [Cases: Private Roads 1730 \nway ofnecessity. See implied easement under EASE\nMENT. \nwaybill. Maritime law. A document acknowledging the \nreceipt ofgoods by a carrier or by the shipper's agent \nand the contract for the transportation ofthose goods. \n Unlike a bill oflading, a waybill is not a document \nof title and is nonnegotiable. Abbr. WE. Cf BILL OF \nLADING. [Cases: ShippingG=106(1).J \nair waybill. A waybill for goods shipped by air. Cf. \noverseas bill oflading under BILL OF LADING. [Cases: \nCarriers C=>51, 153.] \nway-going crop. A grain crop, formerly sown by a tenant \nduring a tenancy (esp. in Pennsylvania), that did not \nripen until after expiration of the lease . In the absence \nofan express agreement to the contrary, the tenant was \nentitled to the crop. [Cases: Landlord and Tenant C=> \n139(2).] \nway-leave, n. (lSc) 1. A right-of-way (usu. created by an \nexpress grant) over or through land for the transporta\ntion of minerals from a mine or quarry. 2. The royalty \npaid for such a right. \nwaynagium (way-nay-jee-\"m). See WAINAGE. \nway of necessity. See implied easement under EASE\nMENT. \nways-and-means committee. (1840) A legislative com\nmittee that determines how money will be raised for \nvarious governmental purposes. [Cases: United States \nC=>23.] \nWB. abbr. WAYBILL. \nWC. abbr. WORKERS' COMPENSATION. \nWCT. abbr. WIPO COPYRIGHT TREATY. \nW.D. abbr. Western District, in reference to U.S. judicial \ndistricts. \nweak mark. See descriptive trademark under TRADE\nMARK. \nweak trademark. See descriptive trademark under \nTRADEMARK. \nwealreaf (weel-reef), n. Archaic. The robbery of a dead \nperson in a grave. \nwealth. 1. A large quantity ofsomething. 2. The state of \nhaVing abundant financial resources; affluence. \nwealth maximization. A situation resulting from a \nchange in the allocation of resources if the change \nbenefits the winner -I.e., the one who benefits from \nthe change more than it harms the loser . A situa\ntion in which all possible wealth-maximizing changes \nhave occurred is described as Kaldor-Hicks efficient or \nas beingpotentialiy Pareto superior. See PARETO OPTI\nMALITY; PARETO SUPERIORITY. \nweapon. (bef. 12c) An instrument used or deSigned to \nbe used to injure or kill someone. [Cases: Weapons C=> \n4,8.] \nconcealed weapon. (1833) A weapon that is carried by a \nperson but that is not visible by ordinary observation. \n[Cases: Weapons (..~10.] \n\n1731 \ndangerous weapon. (17c) An object or device that, \nbecause of the way it is used, is capable of causing \nserious bodily injury. [Cases: Weapons \ndeadly weapon. (16c) Any firearm or other device, \ninstrument, material, or substance that, from the \nmanner in which it is used or is intended to be used, is \ncalculated or likely to produce death. -In some states, \nthe definition encompasses the likelihood of causing \neither death or serious physical injury. Also termed \nlethal weapon. Cf. DANGEROUS INSTRUMENTALITY. \n[Cases: Assault and Battery \ndeadly weapon per se. (1872) A weapon that is deadly \nin and of itself or would ordinarily result in death \nby its use <a gun is a deadly weapon per se>. -Also \ntermed per se deadly weapon. [Cases: Assault and \nBattery (;::::>56.] \nlethal weapon. See deadly weapon. \nnondeadly weapon. See LESS-LETHAL \nnonlethal weapon. See LESS-LETHAL. \nweapon ofmass destruction. (usu. pl.) A weapon that \nis intended to kill human beings, without discrimi\nnating between combatants and noncombatants, \non a massive scale. -Among the most frequently \ncited examples are nuclear weapons and chemical \nweapons. -Abbr. WMD. \nwear, n. [fro Saxon were \"a taking\"] Hist. A dam made \nofstakes interlaced by twigs ofwillows that are placed \nacross a river to more easily accommodate the netting \noffish. -Also termed weir. \nwear and tear. (17c) Deterioration caused by ordinary \nuse; the depreciation ofproperty resulting from its rea\nsonable use <the tenant is not liable for normal wear \nand tear to the leased premises>. Also termed Jair \nwear and tear; natural wear and tear. [Cases: Landlord \nand Tenant <>=-55, 160.] \n\"'Fair wear' is the deterioration caused by the reasonable \nuse of the premises; 'fair tear' is the deterioration caused \nby the ordinary operation of natural forces. A tenant's \nrepairing covenant commonly exempts the tenant from the \nobligation to repair damage characterisable as 'fair wear \nand tear' (sometimes called 'reasonable wear and tear'). \nIn the absence of such an exempting provision, a covenant \nto repair requires the repairing of damage characterisable \nas fair wear and tear. Where a covenant to repair exempts \nthe tenant from liability for 'fair wear and tear'. he is not \nresponsible for deterioration or dilapidation caused by 'the \nreasonable use of the house by the tenant and the ordinary \noperation of natural forces.'\" Peter Butt, Land Law 256 (2d \ned. 1988). \nWebb-Pomerene Act. A federal law, originally enacted \nin 1918, that provides a qualified exemption for an \nexport business against the prohibitions of the anti\ntrust laws. 15 USCA  61 et seq. \n\"The Webb-Pomerene Act was passed to aid and encourage \nour manufacturers and producers to extend our foreign \ntrade. Congress believed that American firms needed \nthe power to form joint export associations in order to \ncompete with foreign cartels, but while Congress was \nwilling to create an exemption from the antitrust laws \nto serve this narrow purpose, the exemption created by \nthe Webb-Pomerene Act was carefully hedged in to avoid \nsubstantial injury to domestic interests. Organization Weingarten right \nunder the WebbPomerene Act does not give an export \nassociation the right to agree with foreign competitors \nto fix prices ... or establish exclusive markets ....\" 54 \nAm. Jur. 2d Monopolies and Restraints of Trade  262, at \n298 (1996). \nwebsite-user agreement. See POINT-AND-CLICK AGREE\nMENT. \nweb-wrap agreement. See POINT-AND-CLICK AGREE\nMENT. \nwedding. See MARRIAGE CEREMONY. \nwedge principle. (1951) The argument that relaxation \nof a constitutionally imposed restraint under specific \ncircumstances may justify further relaxation in broader \ncircumstances. -This principle is most often raised \nin the context of legalized human euthanasia. But it \nhas frequently been invoked in other contexts, such \nas the right to protection from unreasonable search \nand seizure. -Also termed slippery-sloped principle; \nparade-oj-horrors objection. \n\"[Tlhere is the familiar argument from the 'wedge prin\nciple: which is used to deny the possibility of looking at \nparticular circumstances in applying moral rules.\" Glanville \nWilliams, The Sanctity of Life and the Criminal Law 315 \n(1957). \nwedlock. The state ofbeing married; matrimony. \nweek. 1. A period of seven consecutive days beginning \non either Sunday or Monday. 2. Any consecutive seven\nday period. [Cases: Time <>6.] \nweekend sentence. See intermittent sentence under \nSENTENCE. \nweek-work. Hist. In feudal times, the obligation of a \ntenant to work two to four days in every week for his \nlord during the greater part ofthe year, and four or five \nduring the summer months. See VILLEIN SERVICE. \nwehading. See TRIAL BY COMBAT. \nweighage (way-ij). A duty or other payment reqUired in \nreturn for weighing merchandise. \nweight. A measure ofheaviness; a measure ofthe quantity \nofmatter. [Cases: Weights and Measures (;::::>3.J \ngross weight. The total weight of a thing, including its \ncontents and any packaging. \nnet weight. The total weight ofa thing, after deducting \nits container, its wrapping, and any other extraneous \nmatter.- Also termed neat weight. \nweighted vote. See VOTE (1). \nweight ofthe evidence. (17c) The persuasiveness ofsome \nevidence in comparison with other evidence <because \nthe verdict is against the great weight of the evidence, a \nnew trial should be granted>. See BURDEN OF PERSUA\nSION. Cf. MANIFEST WEIGHT OF THE EVIDENCE; PRE\nPONDERANCE OF THE EVIDENCE. [Cases: Criminal Law \n(;:::;:>549; Evidence \nWeingarten right. Labor law. A union member's right \nto have a union representative present during an \nemployment meeting that the member reasonably \nbelieves will result in disciplinary action. NLRB V. /. \nWeingarten, Inc., 420 U.S. 251, 95 S.Ct. 959 (1975). \n\n1732 weir \nIn July 2000, the NLRB extended Weingarten rights to \nnonunion employees. [Cases: Labor and Employment \nC=> 1469(1).] \nweir. See WEAR. \nwekhing. See WELSHING. \nwelfare. (14c) 1. Well-being in any respect; prosperity. \ngeneral welfare. (17c) The public's health, peace, morals, \nand safety. \npublic welfare. (16c) A society's well-being in matters \nof health, safety, order, morality, economics, and \npolitics. \n2. A system of social insurance providing assistance \nto those who are financially in need, as by providing \nfood stamps and family allowances. -Also termed \n(historically) poor relief [Cases: Agriculture \nSocial Security and Public Welfare C=>4.] \ncorporate welfare. Governmental financial assis\ntance given to a large company, usu. in the form of \na subsidy. \nWelfare Clause. See GENERAL WELFARE CLAUSE. \nwelfare plan. See EMPLOYEE BENEFIT PLAN. \nwelfare state. (1894) A nation in which the government \nundertakes various social insurance programs, such \nas unemployment compensation, old-age pensions, \nfamily allowances, food stamps, and aid to the blind \nor deaf. -Also termed welfare-regulatory state. \nwell, adj. Marine insurance. (Of a vessel) in good condi\ntion; safe and sound <the vessel was warranted well \non January 1>. \nwell, adv. (be 12c) In a legally sufficient manner; unob\njectionable <well-pleaded complaint>. \nwell, n. A hole or shaft sunk into the earth to obtain a \nfluid, such as water, oil, or natural gas. \nlimited-capacity well. An oil or gas well that is limited \nto producing only a portion ofits monthly allowable \nbecause ofmarket demand. \nstripper well. An oil or gas well that produces only \nsmall quantities . In some states, such as Kansas \nand Illinois, stripper wells are common. \nwell-completion clause. Oil & gas. A provision in an oil\nand-gas lease specifying that a lessee who starts drilling \nbefore the lease terminates has the right to complete the \nwell and to maintain the lease if the drilling achieves \nproduction. See OPERATIONS CLAUSE. [Cases: Mines \nand Minerals C=>78.1(9).) \nwell-knowing, adj. (17c) Intentional <a well-knowing \nact or omission>. This term was formerly used in a \npleading to allege scienter. See SCIENTER. \nwell-pleaded complaint. See COMPLAINT. \nwelshing. (1857) 1. The act or an instance ofevading \nan obligation, esp. a gambling debt. 2. The common\nlaw act of larceny in which one receives a deposit to \nbe paid back with additional"}
{"text": "ambling debt. 2. The common\nlaw act of larceny in which one receives a deposit to \nbe paid back with additional money depending on the \noutcome of an event (such as a horse race) but at the \ntime ofthe deposit the depositee intends to cheat and defraud the depositor by absconding with the money. \n Although this term is sometimes thought to be a slur \nagainst those hailing from Wales, etymologists have \nnot been able to establish this connection. Authorita\ntive dictionaries record the origin ofthe term as being \nunknown. -Also termed welching. welsh, vb. \nwelsher, n. \nWelsh mortgage. See MORTGAGE. \nwend, n. Hist. A large section ofland; a perambulation; \na circuit. \nwer. See BLOOD MONEY (1). \nwergild (wOlr-gild). Rist. The fixed value of a person's life, \nbeing the amount that a homicide's kindred must pay \nto the kindred of the slain person so as to avoid a blood \nfeud. -Also spelled wergeld; weregild; wehrgeld. See \nEFFUSIO SANGUINIS; LEODES. \nWest Australian plan. See instant-runoff voting under \nVOTING. \nWestlaw. A West Group database for computer\nassisted legal research, proViding online access to \nlegal resources, induding federal and state caselaw, \nstatutes, regulations, legal treatises, legal periodicals, \nand general and business news. Abbr. WL. \nWestminster Confession of Faith (west-min-st<lr). Hist. \nA document containing a statement of the religious \ndoctrines of the Presbyterian Church, originating at a \nconference of British and continental Protestant divines \nat Westminster in 1643. It was adopted by the General \nAssembly ofthe Kirk ofScotland and the Scottish Par\nliament' so becoming the basis of the Scottish Presby\nterian Church. -Sometimes shortened to Westminster \nConfeSSion. \nWestminster the First, Statute of. Hist. An English \nstatute divided into 51 chapters (later correlating to \nseparate acts of Parliament), including provisions (1) \nprotecting the property ofthe church from the violence \nand spoliation ofthe Crown and nobles; (2) providing \nfor the freedom ofpopular elections; (3) enforcing the \nrules contained in Magna Carta against excessive fines; \n(4) enumerating and correcting the abuses of tenures \n(esp. concerning marriages of wards); (5) regulating \nthe levying of tolls; (6) correcting and restraining the \npowers of the royal escheator and other officers; (7) \namending the criminal law (esp. by classifying rape as \na most grievous, though not capital, offense); and (8) \nmaking criminal and civil procedures more expedi\ntious and less costly. 3 Edw. (1275). \nWest Point. See UNITED STATES MILITARY ACADEMY. \nWest-Saxon law. Hist. A system of rules introduced \nby the West Saxons and one of the three principal \nlegal systems prevailing in England in the \nning of the 11th century. -It was observed primarily \nin southern English counties from Kent to Devon\nshire. -Also termed West-Saxon lage. See MERCEN\nLAGE; DANELAW. \n\n1733 \nWetterling Act. See JACOB WETTERLlNG CRIMES AGAINST \nCHILDREN AND SEXUALLY VIOLENT OFFENDER REGIS\nTRATION ACT. \nwharf. A structure on the shores ofnavigable waters, to \nwhich a vessel can be brought for loading or unloading. \n[Cases: Wharves ~4.] \nprivate wharf. One that can be used only by its owner \nor lessee. [Cases: Wharves \npublic wharf. One that can be used by the public. \n[Cases: Wharves ~4.] \nwharfage (worf-ij), n. Hist. 1. The fee paid for landing, \nloading, or unloading goods on a wharf. [Cases: \nWharves C=> 15.] 2. The accommodation for loading \nor unloading goods on a wharf. \nwharfinger (wor-fin-j<lr), n. Hist. The owner or occupier \nofa wharf; one who keeps a wharf to receive merchan\ndise for forwarding or delivery to a consignee. [Cases: \nWharves C=>20(1).] \nwharfing out, right of. See RIGHT OF WHARFING OUT. \nWharton's rule ([h]wor-t<ln). (1940) Criminal law. The \ndoctrine that an agreement by two or more persons to \ncommit a particular crime cannot be prosecuted as a \nconspiracy ifthe crime could not be committed except \nby the actual number ofparticipants involved . But if \nan additional person participates so as to enlarge the \nscope of the agreement, all the actors may be charged \nwith conspiracy. The doctrine takes its name from \nthe influential criminal-law author Francis Wharton \n(1820-1889). -Also termed Wharton rule; concert-of \naction rule. [Cases: Conspiracy C=>28(1).j \n\"Wharton's Rule applies only to offenses that require con \ncerted criminal activity, a plurality of criminal agents. In \nsuch cases, a closer relationship exists between the con\nspiracy and the substantive offense because both require \ncollective criminal activity. The substantive offense there\nfore presents some of the same threats that the law of \nconspiracy normally is thought to guard against, and it \ncannot automatically be assumed that the Legislature \nintended the conspiracy and the substantive offense to \nremain as discrete crimes upon consummation of the \nlatter. Thus, absent legislative intent to the contrary, the \nRule supports a presumption that the two merge when the \nsubstantive offense is proved.... More important, as the \nRule is essentially an aid to the determination of legislative \nintent, it must defer to a discernible legislative judgment.\" \nIannelli v. United States, 420 U.S. 770, 785-86, 95 5.0. \n1284,1293-94 (1975). \nWHD. abbr. WAGE AND HOUR DIVISION. \nwheel. Hist. 1. An instrument oftorture used in medieval \nEurope, consisting of a wheel or cross on which a \ncriminal was bound with arms and legs extended, while \nthe criminal's bones were broken one by one with an \niron bar, usu. until death. 2. 1be torture itself. \nwheelage ([hlweel-ij), n. Hist. A duty or toll for a vehicle \nto pass over certain property. \nwheel conspiracy. See CONSPIRACY. \nwhen-issued security. See SECURITY. \nwhereabouts, n. (17c) The general locale where a person \nor thing is <her whereabouts are unknown> <the \nJoneses' present whereabouts is a closely guarded whereupon \nsecret>. As the examples illustrate, this noun, though \nplural in form, may be construed with either a plural or \na Singular verb. whereabouts, adv. & can). \nwhereas, con). (l4c) 1. While by contrast; although \n<McWilliams was stopped at 10:08 p.m. wearing a \ngreen hat, whereas the assailant had been identified \nat 10:04 p.m. wearing a black hat>. 2. Given the fact \nthat; since <Whereas, the parties have found that their \n1994 agreement did not adequately address inciden\ntal expenses ... ; and Whereas, the parties have now \ndecided in an equitable sharing of those expenses ... \n; Now, Therefore, the parties agree to amend the 1994 \nagreement as follows ... >. In sense 2, whereas is \nused to introduce contractual recitals and the like, but \nmodern drafters increaSingly prefer a simple heading, \nsuch as \"Recitals\" or \"Preamble,\" and in that way \navoid the legalistic whereases. -whereas (recital or \npreamble), n. \nwhereas clause. 1. See PREAMBLE (1).2. See RECITAL (2). \nwhereat, con). (14c) 1. At or toward which <the pOint \nwhereat he was aiming>. 2. As a result of which; where\nupon <Pettrucione called Bickley a scurrilous name, \nwhereat a fistfight broke out>. \nwhereby, con). (13c) By which; through which; in accor\ndance with which <the treaty whereby the warring \nnations finally achieved peace>. \nwherefore, premises considered. (1867) For all these \nreasons; for the reason or reasons mentioned above . \nThe phrase is often used to begin the final paragraph of \na motion, judgment, contract, or agreement. \nwherefrom, con). (14c) From which <the students sent \ntwo faxes to the president's office, wherefrom no reply \never came>. \nwherein, con). (14c) 1. In which; where <the jurisdic\ntion wherein Lynn practices>. 2. During which <they \nlistened intently at the concert, wherein both of them \nbecame convinced that the composer's \"new\" work was \na fraud>. 3. How; in what respect <Fallon demanded to \nknow wherein she had breached any duty>. wherein, \nadv. \nwhereof, can). (13c) 1. Of what <Judge Wald knows \nwhereof she speaks>. 2. Of which <citations whereof \neven the most responsible are far afield from the true \nissue>. 3. Of whom <judges whereof only the most \nglowing words might be said>. \nwhereon, con). (l3c) On which <the foundation whereon \ncounsel bases this argument>. -Also termed where\nupon. \nwhereto, con). (14c) To what place or time <at first, \nCampbell did not know whereto he was being taken>. \nAlso termed whereunto. -whereto, adv. \nwhereupon, con). (14c) 1. WHEREON <the precedent \nwhereupon the defense bases its argument>. 2. Soon \nafter and as a result of which; and then <a not-gUilty \nverdict was announced, whereupon a riot erupted>. \n\n1734 wherewith \nwherewith, conj. (14c) By means ofwhich <the plaintiff \nlacked a form ofaction wherewith to state a compens\nable claim>. \nwhim. A passing fancy; an impulse <the jury was \ninstructed to render a verdict based solely on the \nevidence, not on a whim>. \nwhipping, n. A method of corporal punishment formerly \nused in England and a few American states, consisting \nof inflicting long welts on the skin, esp. with a whip. \nwhipsaw strike. See STRIKE. \nwhisper stock. See STOCK. \nwhistleblower, n. (1970) An employee who reports \nemployer wrongdoing to a governmental or law\nenforcement agency . Federal and state laws protect \nwhistleblowers from employer retaliation. [Cases: \nLabor and Employment C:=:o775; Officers and Public \nEmployees C:=:o66. -whistleblowing, n. \nwhistleblower act. (1984) A federal or state law protect\ning employees from retaliation for properly disclosing \nemployer wrongdoing such as violating a law or regu\nlation, mismanaging public funds, abusing authority, \nor endangering public health or safety . Federal laws \ncontaining whistleblower provisions include the Whis\ntleblower Protection Act (5 USCA  1211), the Occupa\ntional Safety and Health Act (29 USCA  660), CERCLA \n(42 USCA  9610), and the Air Pollution and Control \nAct (42 USCA  7622). [Cases: Labor and Employment \nC:=:o775; Officers and Public Employees C:=:o69.7.] \nWhiteacre. (17c) A fictitious tract ofland used in legal \ndiscourse (esp. law-school hypotheticals) to discuss \nreal-property issues. See BLACKACRE. \nwhite bonnet. Scots law. A fictitious bidder at an auction; \na shill. \nwhite book. 1. Hist. (cap.) ALBUS LIBER. 2. A government \nreport bound in white, common esp. in European and \npapal affairs. \nwhitecapping. (1900) Criminal law. The criminal act of \nthreatening a person -usu. a member of a minority \ngroup -with violence in an effort to compel the person \neither to move away or to stop engaging in a certain \nbusiness or occupation . Whitecapping statutes were \noriginally enacted to curtail the activities of the Ku \nKlux Klan. [Cases: Extortion and Threats C:=:o25.1.] \nwhite-collar crime. (1940) A nonviolent crime usu. \ninvolving cheating or dishonesty in commercial \nmatters. Examples include fraud, embezzlement, \nbribery, and insider trading. \nwhitehorse case. (1971) Slang. A reported case with facts \nvirtually identical to those of the instant case, so that \nthe disposition of the reported case should determine \nthe outcome of the instant case. -Also termed horse \ncase; goose case; gray mule case; red-cow case. Cf. ON \nALL FOURS. \nwhite knight. A person or corporation that rescues the \ntarget of an unfriendly corporate takeover, esp. by \nacquiring a controlling interest in the target corpora\ntion or by making a competing tender offer. -Also termedfriendly suitor. See TAKEOVER. Cf. CORPORATE \nRAIDER. \nWhiteley rule. See FELLOW-OFFICER RULE. \nWhite model. Labor law. A method for determining \nwhether a union member's state-law claim against \nthe employer is preempted by federal law, by focusing \non whether state law permits the claim to be waived \nby a private contract . In Lingle v. Norge Division of \nMagic Chef, Inc., 486 U.S. 399, 108 S.Ct. 1877 (1988), the \nSupreme Court held that a union member's state-law \nretaliatory-discharge claim was not preempted by the \nLabor-Management Relations Act because the claim \ncould be resolved without interpreting the collective\nbargaining agreement. There are at least two models \nfor applying the Lingle test: the White model, which \nfocuses on whether the claim is negotiable or non\nnegotiable (that is, whether state law allows the claim \nto be waived by a private contract) and the Marcus \nmodel, which focuses on the independence ofthe claim \nin relation to the collective"}
{"text": "be waived by a private contract) and the Marcus \nmodel, which focuses on the independence ofthe claim \nin relation to the collective-bargaining agreement. \nUnder the White model, all negotiable claims (those \nwaivable by private contract) are necessarily preempted \nbecause their resolution will require an interpretation \nof the collective-bargaining agreement. A nonnego\ntiable claims (one that state law does not permit to be \nwaived by private contract) will be preempted only if \nits resolution requires an interpretation of the collec\ntive-bargaining agreement. The White model is named \nfor the author of the law-review article in which it was \nproposed. Rebecca Homer White, Section 301's Pre\nemption ofState Law Claims: A Modelfor Analysis, 41 \nAla. L. Rev. 377 (1990). See LINGLE TEST. Cf. MARCUS \nMODEL. \nwhite rent. Hist. A feudal rent paid in silver, rather than \nin work, grain, or money baser than silver. Cf. BLACK \nRENT. \nwhite slavery. The practice offorcing a female (or, rarely, \na male) to engage in commercial prostitution . Traf\nficking in persons for prostitution is prohibited by the \nMann Act (18 USCA  2421-2424). [Cases: Prostitu\ntion C:=:o 15.] \nWhite Slave Traffic Act. See MANN ACT. \nWhitsunday. See quarter day under DAY. \nwhole blood. See full blood under BLOOD. \nwhole law. The law applied by a forum court in a mul\ntistate or multinational case after referring to its own \nchoice-of-Iaw rules. [Cases: Action C:=:o 17.] \nwhole life insurance. See LIFE INSURANCE. \nwholesale, n. The sale ofgoods or commodities usu. to a \nretailer for resale, and not to the ultimate consumer. Cf. \nRETAIL. -wholesale, vb. -wholesale, adj. \nwholesale arrest. See dragnet arrest under ARREST. \nwholesale dealer. One who sells goods in gross to retail \ndealers rather than selling in smaller quantities directly \nto consumers. \nwholesale price. See PRICE. \n\n1735 will \nwholesale price index. See PRODUCER PRICE INDEX. \nwholesaler. One who buys large quantities ofgoods and \nresells them in smaller quantities to retailers or other \nmerchants, who in turn sell to the ultimate consumer. \nwhole-statute rule. The principle ofstatutory construc\ntion that a statute should be considered in its entirety, \nand that the words used within it should be given their \nordinary meanings unless there is a clear indication to \nthe contrary. [Cases: Statutes~' 188,205.] \nwholly, adv. Not partially; fully; completely. \nwholly and permanently disabled, adj. Insurance. \n(Of an insured) completely and continuously unable \nto perform work for compensation or profit. [Cases: \nInsurance C:::>2035, 2553.] \nwholly dependent, adj. Workers' compensation. (Of a \nperson) deriving full support from a worker's wages. \n[Cases: Workers' Compensation C:::>412-486.] \nwholly destroyed, adj. Insurance. (Of a building) so \ndamaged that it is no longer capable ofbeing classified \nas a building, although some parts may remain intact. \n[Cases: Insurance C:::>2171.] \nwholly disabled, adj. Insurance. (Of a person) unable to \nperform the substantial and material acts necessary to \ncarryon a business or occupation in the customary and \nusual manner. [Cases: Insurance (;=>2561.] \nwhorehouse. See BROTHEL. \nwidow, n. A woman whose husband has died and who \nhas not remarried. [Cases: Death Cr'=>31(6); Descent and \nDistribution C:::>52(1); Dower and Curtesy C:::>1-118; \nExecutors and Administrators C:::> 180.] \nwidower, n. A man whose wife has died and who has \nnot remarried. \nwidower's allowance. See spousal allowance under \nALLOWANCE (1). \nwidow's allowance. See spousal allowance under ALl.OW\nANCE (1). \nwidow's election. See RIGHT OF ELECTION. \nwifa (wI-f~), n. [Old English] Hist. A mark or sign; esp., a \nlandmark showing exclusive occupation or to prohibit \nan entry. \nwife. A married woman; a woman who has a lawful \nspouse living. [Cases: Bigamy (;= 1.] \ncommon-law wife. 1. The wife in a common-law \nmarriage; a woman who contracts an informal \nmarriage with a spouse and then holds herself out \nto the community as being married to that spouse. \nSee common-law marriage under MARRIAGE (1). 2. \nArchaic. Loosely, a concubine. [Cases: Marriage C:::> \n22.] \nplural wife. One of two or more women married \nSimultaneously to the same spouse in a polygamous \nmarriage. [Cases: Marriage Cr'=>22.] \nwife beating. See spousal abuse under ABUSE. \nwife's equity. See EQUITY TO A SETTLEMENT. wife's settlement. See EQUITY TO A SETTl.EMENT. \nwild animal. See ANIMAl.. \nwildcat strike. See STRIKE. \nwild creature. See wild animal under CREATURE. \nwild deed. See DEED. \nWild's Case, Rule in. See RUl.E IN WILD'S CASE. \nwilful. See WILLFUL. \nwill, n. (bef. 12c) 1. Wish; desire; choice <employment at \nwill>. 2. The legal expression of an individual's wishes \nabout the disposition ofhis or her property after death; \nesp., a document by which a person directs his or her \nestate to be distributed upon death <there was no \nmention of his estranged brother in the will>. -Also \ntermed testament; will and testament; (archaically) \ntestamentary instrument. [Cases: Wills C:::>1-202.] \nwill, vb. \n\"The word 'will' has two distinct meanings. The first, and \nstrict, meaning is metaphYSical, and denotes the sum of \nwhat the testator wishes, or 'wills,' to happen on his death. \nThe second, and more common, meaning is physical, and \ndenotes the document or documents in which that inten\ntion is expressed.\" Anthony R. Mellows, The LawofSucces \nsian 6 (3d ed. 1977). \nambulatory will. (1909) A will that can be altered \nduring the testator's lifetime. [Cases: Wills C:::>78.] \nantenuptial will. See prenuptial will. \nattested will. A will that has been signed by a witness. \n[Cases: WillsC:::>113.] \nbogus will. An unauthentic will, esp. one involving \nfraud or unauthorized changes. \nclosed will. See mystic will. \nconditional will. A will that depends on the occur\nrence ofan uncertain event for the will to take effect. \n_ Most jurisdictions hold a conditional will valid even \nthough the testator's death does not result from or on \nthe occasion of the condition mentioned in the will. \nThe courts generally hold that the condition is the \ninducement for making the will rather than a condi\ntion precedent to its operation. See Eaton v. Brown, \n193 U.S. 411, 24 S.Ct. 487 (1904); In re Will ofCohen, \n491 A.2d 1292 (N.J. Super. Ct. App. Div. 1985). Cf. \ncontingent will. [Cases: Wills {~>80.1 \nconjoint will. See joint will. \ncontingent will. A will that takes effect only ifa speci\nfied event occurs. Cf. conditional will. [Cases: Wills \nC:::>80.] \ncounter will. See mutual will. \ndouble will. See mutual will. \nduplicate will. (1855) A will executed in duplicate origi\nnals by a testator who retains one copy and gives the \nsecond copy to another person. -The rules applica\nble to wills apply to both wills, and upon application \nfor probate, both copies must be tendered into the \nregistry of the probate court. [Cases: Wills \nholographic will (hol-~-graf-ik). (1850) A will that is \nhandwritten by the testator. -Such a will is typically \n\nwill 1736 \nunattested. Holographic wills are rooted in the civil\nlaw tradition, having originated in Roman law and \nhaving been authorized under the Napoleonic Code. \nFrench and Spanish settlers introduced holographic \nwills in America, primarily in the South and West. \nToday they are recognized in about half the states. \nAlso termed olographic will. See HOLOGRAPH. [Cases: \nWills l30-l35.] \ninofficious will. See inofficious testament under TES\nTAMENT. \ninternational will. A will that is executed according \nto formalities provided in an international treaty or \nconvention, and that will be valid although it may be \nwritten in a foreign language by a testator domiciled \nin another country. [Cases: Wills C=>238-246.] \ninvalid will. (18c) A will that fails to make an effective \ndisposition of property. \njoint and mutual will. (1841) A single will executed \nby two or more people -to dispose ofproperty they \nown separately, in common, or jointly -requiring \nthe surviving testator to dispose of the property in \naccordance with the terms of the will.  A joint and \nmutual will is drafted to be contractually binding on \nthe survivor. The word \"joint\" indicates the form of \nthe will. The word \"mutual\" describes the substantive \nprovisions. -Also termed joint and reciprocal will. \n[Cases: Wills C=>56-68, 100.] \njoint and reciprocal will. See joint and mutual will. \njoint will. (18c) A single will executed by two or more \ntestators, usu. disposing of their common property \nby transferring their separate titles to one devisee. \nAlso termed conjoint will. [Cases: Wills C=>56-68, \n100.] \nlast will. (16c) The most recent will of a deceased; the \ninstrument ultimately fixing the disposition of real \nand personal property at the testator's death. -Also \ntermed last will and testament. \n\"A will is the disposition of real and personal property to \ntake effect after the death of the testator. When the will \noperates upon personal property, it is sometimes called \na testament, and when upon real estate, a devise; but the \nmore general and the more popular denomination of the \ninstrument, embraCing equally real and personal estate, \nis that of last will and testament.\" 4 James Kent, Commen \ntaries on American Law *501 (George Comstock ed., 11 th \ned.1866). \nlast will and testament. See last will. \nliving will. See LIVING WILL. \nlost will. An executed will that cannot be found at the \ntestator's death . Its contents can be proved by parol \nevidence in many jurisdictions. But the overwhelm\ning majority of American jurisdictions follow the \ncommon-law presumption of revocation if a will is \nproved to have been in the possession of the testator \nand has since been lost. [Cases: Wills C=>234, 293(4), \n302(8).] \nmancipatory will (man-sip-i-tor-ee). Roman law. \nIn early and classical law, a formal will sealed by seven witnesses and submitted to the praetor. See \nTESTAMENTUM. \nmariner's will. See soldier's will. \nmutual will. (usu. pl.) (1837) One oftwo separate wills \nin which two persons, usu. a husband and wife, estab\nlish identical or similar testamentary provisions dis\nposing of their estates in favor of each other. It is \nalso possible (though rare) for the testators to execute \na single mutual will, as opposed to separate ones. And \nit is possible (though, again, rare) for more than two \nparties to execute mutual wills. -Also termed recip\nrocal will; counter will; double will; mutual testament. \n[Cases: Wills C=>56-68.] \nmystic will. Civil law. A secret will signed by the testator, \nsealed and delivered to a notary in the presence of \nthree to seven witnesses, accompanied by the testa\ntor's declaration that it is a valid will.  The notary is \nthen required to indorse on the envelope containing \nthe will a statement of all the facts surrounding the \ntransaction, and this is Signed by the notary and all \nthe witnesses. -Also termed mystic testament; secret \nwill; secret testament; closed will; closed testament; \nsealed will; sealed testament. [Cases: Wills C=> 124.] \nnonintervention will. A will that authorizes an inde\npendent executor. See independent executor under \nEXECUTOR. \nnotarial will. A will executed by a testator in the \npresence of two witnesses and a notary public. \nnuncupative will (n;)ng-kYJ-pay-tiv or n<mg-kyoo\npJ-tiv). (18c) An oral will made in contemplation of \nimminent death, esp. from a recent injury . Nuncu\npative wills are invalid in most states. Even in states \nallowing them, the amount that may be conveyed is \nusu. limited by statute. Traditionally, only personal \nproperty may be conveyed. -Also termed oral will; \nunwritten will; verbal will. [Cases: Wills 136\n150.] \n\"Nuncupative (i.e., oral) wills are by statute in almost all \nStates required to be proved by two (sometimes three) \nwitnesses, who were present and heard the testamentary \nwords.\" John H. Wigmore, A Students' Textbook of the Law \nofEvidence 299 (1935). \nnuncupative will by public act. Hist. Louisiana law. A \nwill dictated by the testator to a notary in the presence \nofa specified number ofwitnesses. The notary had \nto read the will back to the testator. The testator and \nthe witnesses then signed the will. Ifthe testator was \nphysically unable to sign, another person could sign \nin the testator's presence on the testator's behalf."}
{"text": "ator was \nphysically unable to sign, another person could sign \nin the testator's presence on the testator's behalf. The \nnumber of required witnesses varied depending on \nthe circumstances. This type of will was abolished \nin 1997. See La. Civ. Code art. 1574. -Also termed \nnuncupative testament by public act. \nolographic will. See holographic will. \noral will. (1853) A will made by the spoken declara\ntion of the testator and usu. dependent on oral tes\ntimony for proof. See nuncupative will. [Cases: Wills \nC=>l36-150.] \n\n1737 Williams Act \nparliamentary will. Slang. The legislation that governs \nthe distribution ofan intestate's property. -The term \narose because the legislature effectively makes an \nintestate's will by passing statutes regulating descent \nand distribution. The terms ofthe parliamentary will \nare gathered from the statutes in effect when the intes\ntate died. \npostnuptial will (pohst-nap-shal). A will executed after \nmarriage. \npourover will (por-oh-v;)r). (1946) A will giving money \nor property to an existing trust. Cf. pourover trust \nunder TR1.:ST. \nprenuptial will (pree-n3p-sh<ll). (1914) A will executed \nbefore marriage. -At common law, marriage auto\nmatically revoked a spouse's will, but modern statutes \nusu. provide that marriage does not revoke a will \n(although divorce does). But ifthis marriage was not \ncontemplated by the will and there is nothing other\nwise on its face to indicate that the testator intention\nally left nothing to any future spouse, the pretermitted \nspouse may be entitled to a special forced share of the \nestate. Uniform Probate Code  2-508. Also termed \nantenuptial will. [Cases: Wills (;::::::60.] \nreciprocal will. See mutual will. \nsealed will. See mystic will. \nseaman's will. See soldier's will. \nsecret will. See mystic will. \nself-proved will. (1963) A will proved by a self-proving \naffidavit. See self-proving affidavit under AFFIDAVIT. \n-This method of proof, recognized in a growing \nnumber of states, eliminates the practical problems \nof obtaining the live testimony ofwitnesses. [Cases: \nWills (;:::::: 113.] \nsoldier's will. A soldier's informal oral or written will \nthat is usu. valid despite its noncompliance with \nnormal statutory formalities, as long as the soldier \nwas in actual service at the time the will was made. \nAlso termed seaman's will; mariner's will; military tes\ntament; soldier's and sailor's will. \nundutiful will. Civil law. See unnatural will. \nunnatural will. (1854) A will that distributes the tes\ntator's estate to strangers rather than to the testator's \nrelatives, without apparent reason. Also termed (in \ncivil law) undutiful will. [Cases: Wills \nunofficious will. See inofficious testament under TES\nTAMENT. \nunsolemn will. Civil law. A will in which an executor \nis not named. \nunwritten will. See nuncupative will. \nverbal will. See nuncupative will. \nwill and testament. See WILL. \nwill contest. Wills & estates. The litigation of a will's \nvalidity, usu. based on allegations that the testator \nlacked capacity or was under undue influence. [Cases: \nWills (;::::::203-434.] willful, adj. (13c) Voluntary and intentional, but not \nnecessarily malicious. -Sometimes spelled Wilful. Cf. \nWANTO:N. willfulness, n. \n'The word 'Wilful' or 'Wilfully' when used in the defini\ntion of a crime, it has been said time and again, means \nonly intentionally or purposely as distinguished from acci\ndentally or negligently and does not require any actual \nimpropriety; while on the other hand it has been stated \nwith equal repetition and insistence that the requirement \nadded by such a word is not satisfied unless there is a bad \npurpose or evil intent.\" Rollin M. Perkins & Ronald N. Boyce, \nCriminal Law 875-76 (3d ed. 1982). \n\"Almost all of the cases under [Bankruptcy Code  523(a)(6)] \ndeal with the definition of the two words 'willful' and 'mali\ncious.' Initially one might think that willful and malicious \nmean the same thing. If they did, Congress should have \nused one word and not both. Most courts feel compelled \nto find some different meaning for each of them.\" David G. \nEpstein et aI., Bankruptcy  7-30, at 531 (1993). \nwillful and malicious injury. See INJURY. \nwillful and wanton misconduct. See MISCOKDUCT. \nwillful and wanton negligence. See gross negligence \nunder NEGLIGENCE. \nwillful blindness. (1927) Deliberate avoidance ofknowl\nedge of a crime, esp. by failing to make a reasonable \ninquiry about suspected wrongdOing despite being \naware that it is highly probable. - A person acts with \nwillful blindness, for example, by deliberately refusing \nto look inside an unmarked package after being paid \nby a known drug dealer to deliver it. Willful blind\nness creates an inference ofknowledge of the crime in \nquestion. See Model Penal Code  2. [Cases: Criminal \nLaw 314.] \nwillful-blindness instruction. See JURY INSTRUCTION. \nwillful, continued, and obstinate desertion. See obsti\nnate desertion under DESERTIOK. \nwillful homicide. See HOMICIDE. \nwillful indifference to the safety of others. See willful \nand wanton misconduct under MISCONDUCT. \nwillful infringement. See INFRINGEMENT. \nwillful misconduct. See MISCOND1.:CT. \nwillful misconduct ofan employee. See MISCONDUCT. \nwillful murder. See MURDER. \nwillful neglect. See NEGLECT. \nwillful negligence. 1. See advertent negligence under \nNEGLIGENCE. 2. See gross negligence (2) under ::-<EGLI\nGENCE. \nwillfulness. (13c) 1. The fact or quality of acting pur\nposely or by design; deliberateness; intention. -Willful\nness does not necessarily imply malice, but it involves \nmore than just knowledge. 2. The voluntary, intentional \nviolation or disregard of a known legal duty. Also \ntermed legal willfulness. [Cases; Negligence (;::::::275.] \nwillful tort. See intentional tort under TORT. \nwillful wrong. See intentional wrong under WRONG. \nWilliams Act. A federal statute, enacted in 1968, that \namended the Securities Exchange Act of 1934 by \n\n1738 Wills Act \nrequiring investors who own more than 5% ofa com\npany's stock to furnish certain information to the SEC \nand to comply with certain requirements when making \na tender offer. [Cases: Securities Regulation ~52.l0-\n52.50.] \nWills Act. 1. STATUTE OF WILLS (1). 2. An 1837 English \nstatute that allowed people to dispose of every type of \nproperty interest by will and that had an elaborate set of \nrequirements for valid execution . Some states today \ncontinue to adhere to these stringent requirements. \nCf. Uniform Probate Code  2-502. -Also termed (in \nsense 2) Lord Langdale's Act. \nwill substitute. A document or instrument that allows a \nperson, upon death, to dispose ofan estate in the same \nor similar manner as a will but without the formali\nties and expense of a probate proceeding . The most \ncommon will substitutes are trusts, life-insurance \nplans, and retirement-benefits contracts. The creation \nof will substitutes has been one of the most important \ndevelopments in the area of decedents' estates in the \npast 50 Cf. nonprobate asset under ASSET. [Cases: \nWills \nWinchester, Statute of. Hist. A statute passed in the 13th \nyear of the reign of Edward I, requiring every man to \nprovide himself with armor to keep the peace, rec\nognizing and regulating the offices of high and petty \nconstables, organizing the police, and enforcing the \nold Saxon police laws . It was repealed in 1827 by the \nCriminal Statutes (England) Repeal Act. St. 7 & 8 Geo. \n4, ch. 27. \nWinchester measure. Hist. The standard weights and \nmeasures of England, originally kept at Winchester. \nwindfall. (I5c) An unanticipated benefit, usu. in the form \nofa profit and not caused by the recipient. \nwindfall-profits tax. See TAX. \nwinding up, n. (1858) The process of settling accounts \nand liquidating assets in anticipation ofa partnership's \nor a corporation's dissolution. Cf. DISS01\"UTION (4). \n[Cases: Corporations (;::::618; Partnership ~277.l \nwind up, vb. wind up, n. \nwindow-dressing. (1898) The deceptive arrangement of \nsomething, usu. facts or appearances, to make it appear \nmore attractive or favorable . The term is often used to \ndescribe the practice of some financial managers, esp. \nsome managers of mutual funds, to sell certain posi\ntions at the end of a quarter to make an investment's \nquarterly performance appear better than it actually \nwas. See PORTFOLIO PUMPING. \nwindow tax. See TAX. \nwinner-take-all vote. See VOTE (3). \nwipe. See SWIPE (3). \nWIPO. abbr. WORLD INTELLECTGAL PROPERTY ORGA\nNIZATION. \nWIPO Copyright Treaty. A 1996 treaty that made \nchanges in the Berne Convention in light ofthe TRIPs \nAgreement and dealt with new copyright issues raised \nby the emergence of the Internet and other digital technology\"  The WIPO Treaty expressly protects \ncomputer software and databases and expressly \nexcludes from protection \"ideas, procedures, methods \nof operation or mathematical concepts as such.\" The \nWIPO Copyright Treaty was adopted simultane\nously with the WIPO Performances and Phonograms \nTreaty. -Abbr. WCT. \nWIPO digital agenda. See DIGITAL AGENDA. \nWIPO Performances and Phonograms Treaty. A 1996 \ntreaty giving performers the rights ofattribution and \nintegrity in their performances, and giving produc\ners the rights of reproduction, distribution, rental, and \navailability. -Abbr. WPPT. \nwire fraud. See FRAUD. \nwiretapping, n. (1904) Electronic or mechanical eaves\ndropping, usu. done by law-enforcement officers under \ncourt order, to listen to private conversations . Wire\ntapping is regulated by federal and state law. -Often \nshortened to tapping. See BUGGING; EAVESDROPPING. \nCf. PEN REGISTER. [Cases: Telecommunications C= \n1434-1441,1460-1479.] -wiretap, vb. wiretap, n. \nWisby, laws of. See LAWS OF VISBY. \nwish, vb. 1. To desire; to hope. 2. To will; to devise; to \ngive. \nwitan (wit-.m). [Anglo-Saxon \"wise men\"] Hist. The \nmembers of the king's council who sat to assist the \nking in administrative and judicial matters . Among \nthe members were ealdormen, bishops, abbots, high \nofficers, and occasionally the king's friends and rela\ntives. \nwitchcraft. The practices ofa witch, esp. in black magic; \nsorcery. Under the Witchcraft Act of 1541 (33 Hen. \n8, ch. 8) and the Witchcraft Act of 1603 (l Jac. ch. 12), \nwitchcraft was a felony punishable by death without \nbenefit of clergy. The last execution in England for \nwitchcraft occurred in 1716\" The Acts were repealed in \n1736. In the United States, the most conspicuous (and \nnearly the last) persecution for witchcraft occurred in \nSalem, Massachusetts, where 19 people were hanged \nfor this offense in 1692. \nwite (WIt). Hist. A penal fine exacted by the Crown or \nother authority for a serious crime, such as murder. \nAlso spelled wyte. \nwitenagemot (wit-a-na-ga-moht). [Anglo-Saxon \"a \nmeeting of the wise\"] Hist. A national assembly of \nnoblemen, high ecclesiastics, and other great thanes of \nEngland who advised and aided the king in the general \nadministration of the government . Its composition \ndepended on the will ofthe king. It passed out ofexis\ntence with the Norman Conquest (1066). Although it \nwas a precursor to the British Parliament, that was a \nseparate growth -not a continuation of the witena\ngemot. -Also spelled witenagemot; wittel1agemot; \nwitanagemote. \n\"[T]he ancient Anglo-Saxon general assembly of the \nnotables [was] called the Witenagemot .... At first the \npower of the Anglo-Saxon Witenagemot appears to have \nbeen considerable, and in fact so much so that the kings \n\n1739 \t without objection \nwere dependent on appointment to that office by the Witan \nin the early period before the royal succession became \nhereditary. With the tenth century centralization of power \nin the Alfredian line of kings, it appears that the power of \nthe Witan began to decline.\" Charles Herman Kinnane, A \nFirst Book on AngloAmerican Law 262 (2d ed. 1952). \nwitepenny. Hist. In early English law, money paid in sat\nisfaction ofa wite. \nwith all deliberate speed. See DELIBERATE SPEED, WITH \nALL. \nwith all faults. See AS IS. \nwithdraw, vb. 1. (vt.) To take back (something presented, \ngranted, enjoyed, possessed, or allowed) <withdraw \nblame>. 2. (vt.) To retract (one's words) <withdraw \nthe objection>. 3. (vi.) To refrain from prosecuting or "}
{"text": "retract (one's words) <withdraw \nthe objection>. 3. (vi.) To refrain from prosecuting or \nproceeding with (an action) <withdraw the petition \nfor divorce>. 4. (vi.) (Of a lawyer) to terminate one's \nrepresentation of a client before a matter is complete \n<withdraw from representation>. [Cases: Attorney and \nClient 5. (vt.) To remove a juror <withdraw \na biased juror>. 6. (vi.) To leave or retire (from a com\nmunity or society). 7. (vi.) (Of a condition or immaterial \nthing) to vanish, depart. \nwithdrawal, n. (I8c) 1. The act of taking back or away; \nremoval <withdrawal ofconsent>. 2. The act of retreat\ning from a place, position, or situation <withdrawal \nfrom the moot-court competition>. 3. The removal \nof money from a depository <withdrawal of funds \nfrom the checking account>. 4. RENUNCIATION (3) \n<withdrawal from the conspiracy to commit arson>. \n5. RETRACTION (4). 6. Parliamentary law. A motion's \nremoval from consideration by its mover . The \nmover controls a motion only until the chair states \nthe question, after which the motion belongs to the \nassembly and the mover cannot withdraw it without \nthe assembly's permission. See request for permission \nto withdraw a motion under REQUEST. 7. Parliamentary \nlaw. See DISCHARGE (9). -withdraw, vb. \nwithdrawal ofcharges. (1842) The removal of charges by \nthe one bringing them, such as a prosecutor. See NOLLE \nPROSEQUI. [Cases: Criminal Law ~303.5.1 \nwithdrawal of counsel. (1875) An attorney's termina\ntion ofhis or her role in representing a party in a case. \n Normally, the attorney must have the court's per\nmission to withdraw from a case. Permission is usu. \nsought by a written motion (I) explaining the reason \nfor the requested withdrawal (often, a conflict between \nattorney and client over a matter such as strategy or \nfees), and (2) stating whether the client agrees. -Also \ntermed Withdrawing ofcounsel. [Cases: Attorney and \nClient \nwithdrawing a juror. (18c) The act or an instance of \nremoving a juror, usu. to obtain a continuance in a case \nor, sometimes in English practice, to end the case, as \nwhen the case has settled, the parties are too anxious to \nproceed to verdict, or the judge recommends it because \nthe action is not properly before the court. \nwithdrawing of record. 1. With the court's permission, \ntaking the record or any portion ofit out of the office of the clerk ofthe court. 2. Hist. A plaintiff's removing \nof the nisi prius or trial record to prevent the case from \nbeing tried, usu. either before the jury is sworn or after\nwards with the consent ofdefense counsel. \nwithdrawn land. 1. See reserved land under LAND. 2. See \nRESERVATION (3). \nwithernam (with-;)r-nahm), n. [fro Saxon weder\"other\" + \nnaam u a taking\"] Hist. A reciprocal taking or distress in \nplace of a previous one. See capias in withernam under \nwrTHERNAM. \nwithersake (with-dr-sayk). Archaic. An enemy; esp., a \ndeliberately faithless renegade. \nwith full power. See committee with power under COM\nMITTEE (1). \nwithheld sentence. See suspended sentence under \nSENTENCE. \nwithholding, n. (1940) 1. The practice of deducting a \ncertain amount from a person's salary, wages, divi\ndends, winnings, or other income, usu. for tax purposes; \nesp., an employer's practice of taking out a portion of \nan employee's gross earnings and paying that portion \nto the government for income-tax and social-security \npurposes. [Cases: Internal Revenue ~4849; Taxation \n~3560.1 2. The money so deducted. -Also termed \nincome-tax withholding. withhold, vb. \nwithholding ofevidence. (1848) The act or an instance of \nobstructing justice by stifling or suppressing evidence \nknowing that it is being sought in an official investi\ngation or a judicial proceeding. See OBSTRUCTION OF \nJUSTICE. [Cases: Obstructing Justice ~5.] \nwithholding tax. See TAX. \nwithout day. See GO HENCE WITHOUT DAY. \nwithout delay. (Be) 1. Instantly; at once. 2. Within the \ntime reasonably allowed by law. \nwithout dissent. See WITHOUT OBJECTION. \nwithout impeachment ofwaste. (l6c) (Of a tenant) not \nsubject to an action for waste; not punishable for waste. \n This clause is inserted in a lease to give a tenant the \nright to take certain actions (such as cutting timber) \nwithout being held liable for waste. But a tenant cannot \nabuse the right and will usu. be held liable for mali\nciously committing waste. Also termed absque impe\ntitione vasti. [Cases: l.andlord and Tenant ~55(2).J \nwithout notice. (16c) Lacking actual or constructive \nknowledge . To be a bona fide purchaser, one must \nbuy something \"without notice\" ofanother's claim to \nthe item or of defects in the seller's title. To be a holder \nin due course, one must take a bill or note \"without \nnotice\" that it is overdue, has been dishonored, or is \nsubject to a claim. UCC  3-302(a)(2). See NOTICE; \nbOfia fide purchaser under PURCHASER. [Cases: Bills \nand Notes C=: 331, 336; Sales (~234(1), 473; Vendor \nand Purchaser C=)220.] \nwithout objection. With general consent. -\tAlso termed \nwithout dissent. See general consent under CONSENT \n(2). \n\n1740 without prejudice \nwithout prejudice, adv. (I5c) Without loss ofany rights; \nin a way that does not harm or cancel the legal rights or \nprivileges ofa party <dismissed without prejudice>. See \ndismissal without prejudice under DISMISSAL (1). \nwithout recourse. (I8c) (In an indorsement) without lia\nbility to subsequent holders. With this stipulation, \none who indorses an instrument indicates that he or \nshe has no further liability to any subsequent holder \nfor payment. -Also termed sans recours. [Cases: Bills \nand Notes C=>293.) \nwithout reserve. Ofor relating to an auction at which \nan item will be sold for the highest bid price. [Cases: \nAuctions and Auctioneers C~)7.) \nwithout this, that. See ABSQUE HOC. \nwith power. See committee with power under COMMIT\nTEE (1). \nwith prejudice, adv. With loss ofall rights; in a way that \nfinally disposes of a party's claim and bars any future \naction on that claim <dismissed with prejudice>. See \ndismissal with prejudice under DISMISSA L (1). \nwith recourse, adv. (In an indorsement) with liability to \nsubsequent holders . With this stipulation, one who \nindorses an instrument indicates that he or she remains \nliable to the holder for payment. [Cases: Bills and Notes \nC=>280,286.] \nwith reserve. Of or relating to an auction at which an \nitem will not be sold unless the highest bid exceeds \na minimum price. [Cases: Auctions and Auctioneers \nC=>7.] \nwith strong hand. With force. In common-law \npleading, this term implies a degree ofcriminal force, \nesp. as used in forcible-entry statutes. \nwitness, n. (bef. 12c) 1. One who sees, knows, or vouches \nfor something <a witness to a testator's signature>. 2. \nOne who gives testimony under oath or affirmation (1) \nin person, (2) by oral or written deposition, or (3) by \naffidavit <the witness to the signature signed the affida\nvit.>. A witness must be legally competent to testify. \n[Cases: Witnesses witness, vb. \n\"The term 'witness,' in its strict legal sense, means one \nwho gives evidence in a cause before a court; and in its \ngeneral sense includes all persons from whose lips testi \nmony is extracted to be used in any judicial proceeding, \nand so includes deponents and affiants as well as persons \ndelivering oral testimony before a court or jury,\" 97 c.J.$. \nWitnesses  1, at 350 (1957). \n\"Every witness is an editor: he tells you not everything he \nsaw and heard, for that would be impossible, but what he \nsaw and heard and found significant, and what he finds \nsignificant depends on his preconceptions.\" Patrick Devlin, \nThe Criminal Prosecution in England 66 (1960). \naccomplice witness. (1853) A witness who is an accom\nplice in the crime that the defendant is charged with. \n A codefendant cannot be convicted solely on the \ntestimony ofan accomplice witness. [Cases: Criminal \nLaw (;.'='507-512.] \nadverse witness. See hostile witness. alibi witness. (I897) A witness who testifies that the \ndefendant was in a location other than the scene of \nthe crime at the relevant time; a witness who supports \nthe defendant's alibi. \nattesting witness. (18c) One who vouches for the \nauthenticity of another's signature by signing an \ninstrument that the other has signed <proof of the \nwill requires two attesting witnesses>. -Also termed \nsubscribing witness. [Cases: Evidence C=>374; Wills \ncharacter witness. (1893) A witness who testifies about \nanother person's character traits or community rep\nutation. See character evidence under EVIDENCE. \n[Cases: Witnesses C=>37(4), 274.] \ncompetent witness. (17c) A witness who is legally \nqualified to testify . A lay witness who has personal \nknowledge ofthe subject matter of the testimony is \ncompetent to testify. Fed. R. Evid. 601-602. [Cases: \nWitnesses C=>35-79.] \ncorroborating witness. (1853) A witness who confirms \nor supports someone else's testimony. [Cases: Wit\nnesses C=>41O.] \ncourt witness. A witness called or re-called to testify by \nthe judge. The witness called to testify by the court \nusu. has expertise in the subject matter of the trial \nand is considered necessary to resolve a conflict in the \ntestimony. The court's discretion to call its own wit\nnesses exists in both civil and criminal cases. [Cases: \nWitnesses C=>Z46(Z).J \ncredible witness. (l6c) A witness whose testimony is \nbelievable. \ndisinterested witness. (18c) A witness who has no \nprivate interest in the matter at issue. [Cases: Wit\nnesses (>::)91.] \nexpert witness. (1858) A witness qualified by knowl\nedge, skill, experience, training, or education to \nprovide a scientific, technical, or other specialized \nopinion about the evidence or a fact issue. Fed. R. \nEvid. 702-706. -Also termed skilled witness. See \nEXPERT; DAUBERT TEST; expert opinion under OPINION \n(3). [Cases: Criminal Law (>=-478-480; Evidence'C=> \n535-546.] \ngoing witness. Archaic. A witness who is about to \nleave a court's jurisdiction, but not the country. \nAn example is the witness who leaves one state to go \nto another. \ngrand-jury witness. (1947) A witness who is called to \ntestify before a grand jury. [Cases: Grand Jury \n36.] \nhostile witness. (1852) A witness who is biased against \nthe examining party, who is unwilling to testify, or \nwho is identified with an adverse party. A hostile \nwitness may be asked leading questions on direct \nexamination. Fed. R. Evid. 611(c). Also termed \nadverse witness. See adverse party under PARTY (2). \n[Cases: Witnesses C~244.1 \n\n1741 \ninterested witness. (i8c) A witness who has a direct and \nprivate interest in the matter at issue . Most juris\ndictions provide that a person witnessing a will may \nnot be a devisee under the will. The Uniform Probate \nCode, however, has abrogated this rule. lCases: Wit\nnesses \nlay witness. (1853) A witness who does not testify as \nan expert and who is therefore restricted to giving an \nopinion or making an inference that (1) is based on \nfirsthand knowledge, and (2) is helpful in clarifying \nthe testimony or in determining facts. Fed. R. Evid. \n701. Criminal Law ~448-467; \n470-503.J \nmaterial witness. (I7c) A witness who can testify about \nmatters haVing some logical connection with the con\nsequential facts, esp. iffew others, ifany, know about \nthose matters. [Cases: Witnesses ~4.1 \npercipient witness. (1913) A witness who has perceived \nthe things about which he or she testifies. See EYEWIT\nNESS; EARWITNESS. \nprosecuting witness. (1823) A person who files the com\nplaint that triggers a criminal prosecution and whose \ntestimony the prosecution usu. relies on to secure a \nconviction. [Cases: Criminal Law \nqualified witness. (1845) A witness who, by explaining \nthe manner in which a business records are made and \nkept, is able to lay the foundation for the admission of \nthose records under an exception to the hearsay rule. \nFed. R. Evid. 803(6). [Cases: Criminal Law C:)444.9; \nEvidence ~373.1 \nrebuttal witness. (1891) A witness who contradicts \nor attempts to contradict evidence previously pre\nsented. \nres gestae witness. (1894) A witness who, having been at \nthe scene of an incident, can give a firsthand account \nofwhat happened. See RES GESTAE. [Cases: Criminal \nLaw ~363; Evidence <::= 120.]"}
{"text": "RES GESTAE. [Cases: Criminal \nLaw ~363; Evidence <::= 120.] \nskilled witness. 1. See expert witness. 2. A witness \nwhose degree ofknowledge in a particular subject or \nfield is short of the standard for an expert but greater \nthan the knowledge possessed by a typical layperson. \n[Cases: Criminal Law~452, 478; Evidence ~474, \n536.] \nsubscribing witness. (l7c) One who witnesses the sig\nnatures on an instrument and signs at the end of the \ninstrument to that effect. See attesting witness. [Cases: \nEvidence Wills 123.] \nsupernumerary witness. An unrequired witness, \nsuch as a third witness to a will where only two are \nrequired. [Cases: Wills ~712.1 \nswift witness. See zealous witness. \ntarget witness. (1965) 1. The person who has the knowl\nedge that an investigating body seeks. [Cases: Grand \n2. A witness who is called before a grand \njury and against whom the government is also seeking \nan indictment. witness-tampering \nturncoat witness. (1947) A witness whose testimony \nwas expected to be favorable but who becomes (usu. \nduring the trial) a hostile witness. \nultroneous witness. Scots law. A witness who comes \nforward without being summoned to appear in \ncourt. \nzealous witness (zel-;:Is). (1868) A witness who shows \npartiality toward the litigant that called him or her \nto testify and who seems eager to help that side in the \nlawsuit. -Also termed swift witness. \nwitness box. See WITNESS STAND. \nwitness clause. See TESTIMONIUM CLAUSE. \nwitnesseth, vb. Shows; records . This term, usu. set in \nall capitals, commonly separates the preliminaries in a \ncontract, up through the recitals, from the contractual \nterms themselves. Modern drafters increasingly avoid it \nas an antiquated relic. Traditionally, the subject of this \nverb was This Agreement: the sentence, boiled down, \nwas This Agreement witnesseth [i.e., shows or recordsJ \nthat, whereas [the parties have agreed to contract with \none another], the parties therefore agree as follows . ... \nMany modern contracts erroneously retain the Witnes\nseth even though a new verb appears in the preamble: \nThis Agreement is between lone party and the other \nparty]. After the preamble is a period, followed by an \nall-capped WITNESSETH. It is an example of a form \nretained long after its utility, and most lawyers do \nnot know what it means or even what purpose it once \nserved. \nwitness fee. See FEE (1). \nwitnessing part. 1. See ATTESTATION CLAUSE. 2. See \nTESTATUM (2). \nwitness jurat. See JURAT. \nwitness-protection program. (1970) A federal or state \nprogram in which a person who testifies against a \ncriminal is aSSigned a new identity and relocated \nto another part of the country to avoid retaliation \nby anyone convicted as a result of that testimony . \nThe Federal Witness Protection Program was estab\nlished by the Organized Crime Control Act of 1970 \nand is administered by the marshals ofthe u.s. Justice \nDepartment. \nwitness stand. (1853) The space in a courtroom, usu. a \nboxed area, occupied by a witness while testifying. \nOften shortened to stand. -Also termed witness box. \n[Cases: Witnesses ~228.1 \nwitness-tampering. (1924) The act or an instance of \nobstructing justice by intimidating, influencing, or \nharassing a witness before or after the witness testi\nfies. Several state and federal laws, including the \nVictim and Witness Protection Act of 1982 (18 USCA \n 1512), proVide criminal penalties for tampering with \nwitnesses or other persons in the context ofa pending \ninvestigation or official proceeding. See OBSTRUCTION \nOF JUSTICE. [Cases: Obstructing Justice \n\nwitword (wit-ward). Hist. 1. A legally allowed claim; esp., \nthe right to vindicate ownership or possession by one's \naffirmation under oath. 2. A will or testament. \nW.L. abbr. WESTLAW. \nwobbler. Slang. A crime that can be charged as either a \nfelony or a misdemeanor. [Cases: Criminal Law C=:> \n27.] \nwolf's head. Hist. An outlaw, who was formerly often \nreferred to as carrying a wolf's head (caput lupinum) \nand to be no more than a wild beast or wolf who could \nbe slain and whose head could be carried to the king. \nAlso termed woolferthfod. See OUTLAW. \n\"Outlawry is the last weapon of ancient law, but one that \nit must often use. As has been well said, it is the sentence \nof death pronounced by a community which has no police \nconstables or professional hangmen. To pursue the outlaw \nand knock him on the head as though he were a wild beast \nis the right and duty of every law-abiding man. 'Let him \nbear the wolf's head:' this phrase is in use even in the thir\nteenth century.\" 1 Frederick Pollock & Frederic W. Maitland, \nThe History ofEnglish Law Before the Time ofEdward 1476 \n(2d ed. 1898). \nWomen's Bureau. A unit in the U.S. Department ofLabor \nresponsible for formulating policies and standards to \npromote the welfare ofwage-earning women. \nwomen's shelter. See SHELTER. \nWomen's Suffrage Amendment. See NINETEENTH \nAMENDMENT. \nwood-corn, n. Hist. A quantity of oats or grain paid by \ncustomary tenants to a lord for the privilege ofpicking \nup dead or broken wood. \nwood-geld (wuud-geld). Hist. 1. Money paid for the \nprivilege of taking wood from a forest. 2. Immunity \nfrom paying money for this privilege. -Also termed \npudzeld. \nwood-leave. Hist. A license or right to cut down, remove, \nand use standing timber. \nwood-mote (wuud-moht). See COURT OF ATTACH\nMENTS. \nWood-Plea Court. Hist. A court held twice a year in \nClun Forest, in Shropshire, to determine matters of \nwood and agistments. \nwoodshedding. See HORSESHEDDING. \nwoodward (wuud-word), n. Hist. A forest officer who \npatrols and protects the forest. [Cases: Woods and \nForests C=:>7.] \nwoolferthfod. See WOLF'S HEAD. \nw.o.p. abbr. WANT OF PROSECUTION. \nword of art. See TERM OF ART. \nwords actionable in themselves. (I8c) Language that is \nlibelous or slanderous per se. See slander per se under \nSLANDER; libel per se under LIBEL. [Cases: Libel and \nSlander C=:>33.] \nwords of limitation. (16c) Language in a conveying \ninstrument -often non literal language -describing \nthe extent or quality ofan estate . For example, under \nlong-standing principles of property law, the phrase \"to A and her heirs\" creates a fee simple in A but gives \nnothing to!\\s heirs. See LIMITATION (4). [Cases: Deeds \nC=:> 120-136; Wills C=:>591, 597(4).] \n'''Words of limitation' is the phrase used to describe the \nwords which limit (i.e., delimit or mark out) the estate to \nbe taken. Thus in a conveyance today 'to A in fee simple,' \nthe words 'in fee simple' are words of limitation, for they \nshow what estate A is to have.\" Robert E. Megarry & M.P. \nThompson, A Manual of the Law of Real Property 29 (6th \ned. 1993). \nwords of negotiability. See NEGOTIABLE WORDS. \nwords of procreation (proh-kree-ay-shan). 08c) \nLanguage in a deed essential to create an estate tail, \nsuch as an estate \"to A and the heirs of his body. [Cases: \nDeeds C=:> 127.] \nwords ofpurchase. (I7c) Language in a deed or will des\nignating the persons who are to receive the grant.  For \nexample, the phrase \"to A for life with a remainder to \nher heirs\" creates a life estate in A and a remainder \nin !\\s heirs. See PURCHASE (2). [Cases: Deeds C=:> 105, \n120-136; Wills C=:>597(4).] \nwords ofseverance. In a grant of lands, words showing \nthat the tenants were each to take a distinct share in the \nproperty as opposed to undivided portions . Typical \nwords of severance are share and share alike, to be \ndivided among, equally, and between. [Cases: Deeds \nC=:> 123, 136.] \nwork, n. 1. Physical and mental exertion to attain an end, \nesp. as controlled by and for the benefit ofan employer; \nlabor. \nadditional work. 1. Work that results from a change or \nalteration in plans concerning the work required, usu. \nunder a construction contract; added work neces\nsary to meet the performance goals under a contract. \n[Cases: Contracts C=:>232(1).] 2. See extra work. \nextra work. In construction law, work not required \nunder the contract; something done or furnished in \naddition to the contract's requirements; work entirely \noutside and independent of the contract and not \ncontemplated by it.  A contractor is usu. entitled to \ncharge for extra work consisting oflabor and materials \nnot contemplated by or subsumed within the original \ncontract, at least to the extent that the property owner \nagrees to a change order. Materials and labor not con\ntemplated by the contract, but that are required by \nlater changes in the plans and specifications, are con\nsidered to be extra work. -Also termed additional \nwork. [Cases: Contracts C=:>232(1).] \nheavy work. Work involving frequent lifting and \ncarrying oflarge items . Under the Social Security \nAdministration regulations for describing a worker's \nphysical limitations, heavy work involves lifting \nno more than 100 pounds, with frequent lifting or \ncarrying ofobjects weighing up to 50 pounds. 20 CFR \n 404. [Cases: Social Security and Public Welfare C=:> \n140.40,143.70-143.80.] \ninherently dangerous work. Work that can be carried \nout only by the exercise of special skill and care and \nthat involves a grave risk of serious harm if done \n\n1743 work \nunskillfully or carelessly. [Cases: Labor and Employ\nment ~2872.] \nlight work. Work involving some limited lifting and \nmoving. Under the Social Security Administration \nregulations for describing a worker's physicallimita\ntions, light work includes walking, standing, sitting \nwhile pushing or pulling arm or leg controls, and \nlifting no more than 20 pounds, with frequent lifting \nor carrying ofobjects that weigh up to 10 pounds. 20 \nCFR  404. [Cases: Social Securitv and Public Welfare \n~140.40,143.85.] I \nmedium work. Work involving some frequent lifting \nand moving. _ Under the Social Security Adminis\ntration regulations for describing a worker's physical \nlimitations, medium work includes lifting up to 50 \npounds, with frequent lifting or carrying of objects \nweighing up to 25 pounds. 20 CFR  404. [Cases: \nSocial Security and Public Welfare 140.40, \n143.70-143.80.] \nsedentary work. Work involving light lifting and only \noccasional walking or standing . Under the Social \nSecurity Administration regulations for describ\ning a worker's physical limitations, sedentary work \ninvolves lifting of no more than ten pounds: occa\nsionally carrying small items such as docket files and \nsmall tools, and occasional standing or walking. 20 \nCFR  404. [Cases: Social Security and Public Welfare \n(;:::,140.40, 143.85.] . \nsemi-skilled work. Work that may require some alert\nness and close attention, such as inspecting items or \nmachinery for irregularities, or guarding property or \npeople against loss or injury. 20 CFR  404.lS68(b). \nAlso written semiskilled work. [Cases: Social Security \nand Public Welfare (~140.40, 143.70-143.85.] \nskilled work. Work requiring the worker to use \njudgment, deal with the public, analyze facts and \nfigures, or work with abstract ideas at a high level of \ncomplexity. 20 CFR  404. [Cases: Social Security and \nPublic Welfare (;=140.40,143.70-143.85.] \nunskilled work. Work requiring little or no judgment, \nand involVing simple tasks that can be learned quickly \non the job. 20 CFR  404. [Cases: Social Security and \nPublic Welfare 140.40,143.70-143.85.] \nvery heavy work. Work involving frequent lifting of \nvery large objects and frequent carrying of large \nobjects. Under the Social Security Administration \nregulations for describing a worker's physicallimita\ntions, very heavy work involves lifting 100 pounds \nor more, and frequent lifting or carrying of objects \nweighing 50 pounds or more. 20 CFR  404.1567(e). \n[Cases: Social Security and Public Welfare ~140.40, \n143.70-143.80.] \nwork ofnecessity. Work reasonably essential to the \npublic's economic, social, or moral welfare as deter\nmined by the community standards at a particular \ntime, and (formerly) excepted from the operation of \nblue laws. See BLUE LAW. [Cases: Sunday~7.] 2. Copyright. An original expression, in fixed or \ntangible form (such as paper, audiotape, or computer \ndisk), that may be entitled to common-law or statutory \ncopyright protection. - A work may take many differ\nent forms, including art, sculpt"}
{"text": "may be entitled to common-law or statutory \ncopyright protection. - A work may take many differ\nent forms, including art, sculpture, literature, music, \ncrafts, software, and photography. [Cases: Copyrights \nand Intellectual Property ~3.] \nanonymous work. A work that, on copies or phono\nrecords, does not identify any natural person as the \nauthor. 17 USCA  101. \narchitectural work. The copyrightable design of a \nbuilding, as fixed in tangible media such as plans, \ndraWings, and the building itself. 17 USCA  102(8). \n-Only the overall design is protected, not each design \nelement. This category of works was added to U.S. \nlaw by the Berne Convention Implementation Act of \n1988. It is one of eight categories eligible for copy\nright protection. [Cases: Copyrights and Intellectual \nProperty C='6.] \nartistic work. Any visual representation, such as a \npainting, drawing, map, photograph, sculpture, \nengraving, or architectural plan. [Cases: Copyrights \nand Intellectual Property ~6.] \naudiovisual work. A work consisting ofrelated images \nthat are presented in a series, usu. with the aid of a \nmachine, and accompanied by sound. -An example \nof an audiovisual work is a lecture illustrated with \na film strip, or a movie with a soundtrack. [Cases: \nCopyrights and Intellectual Property ~10.1.] \ncollective work. (1870) 1. A publication (such as a peri\nodical issue, anthology, or encyclopedia) in which \nseveral contributions, constituting separate and inde\npendent works in themselves, are assembled into a \ncopyrightable whole. [Cases: Copyrights and Intellec\ntual Property ~41(3).] 2. A selection and arrange\nment ofbrief portions ofdifferent movies, television \nshows, or radio shows into a Single copyrightable \nwork. Ifthe selecting and arranging involves any \noriginality, the person who selects and arranges the \nclips may claim a copyright even ifcopyright cannot \nbe claimed in the individual component parts. Cf. \nCOMPILATION (1). [Cases: Copyrights and Intellectual \nProperty C--=> 12(3).] \n\"If a work is not joint and not derivative but nevertheless \nconsists of works of authorship created by more than one \nperson, it is a compilation of some sort except for the \npossibility that it is a work for hire.... If the component \nparts have an independent identity, that is, they are works \nof authorship, then the compilation is a collective work, a \ntype of compilation.\" Arthur R. Miller & Michael H. Davis, \nIntellectual Property in a Nutshell 374 (2d ed. 1990). \ncomposite work (kdm-poz-it). (1910) An original publi\ncation that relates to a variety ofsubjects and includes \ndiscrete selections from many authors. _ Although \nthe distinguishable parts are separately protectable, \nthe owner ofthe composite work -not the individual \nauthors -owns the renewal term, if any. 17 USCA \n 304(a). [Cases: Copyrights and Intellectual Property \n~38.] , \ncreative work. See work ofauthorship. \n\nderivative work. (1965) A copyrightable creation that is \nbased on a preexisting product; a translation, musical \narrangement, fictionalization, motion-picture version, \nabridgment, or any other recast or adapted form of \nan original work. -Only the holder ofthe copyright \non the original form can produce or permit someone \nelse to produce a derivative work. 17 USCA  IOI. \nSometimes shortened to derivative. Cf. COMPILATION \n(1). [Cases; Copyrights and Intellectual Property \n12(3).] \n\"[Wlhile a compilation consists merely of the selection and \narrangement of pre-existing material without any internal \nchanges in such material, a derivative work involves recast\ning or transformation, i.e., changes in the preexisting \nmaterial, whether or not it is juxtaposed in an arrangement \nwith other pre-existing materials. A catalog constitutes \na compilation, and a translation of a pre-existing work \nconstitutes a derivative work.\" 1 Melville B. Nimmer & \nDavid Nimmer, Nimmer on Copyright  3.02, at 3-5 (Supp. \n1997). \ndramatic work. Any form ofnonliterary work created \nfor performance and viewing. -The term includes \nplays, scripts, films, choreographic works, and \nsimilar creations. [Cases: Copyrights and Intellec\ntual Property C::c7.] \njoint work. A work created or developed by two or \nmore people whose contributions blend insepara\nbly or interdependently into the whole work . The \ncocreators have equal legal rights to register and enjoy \nthe copyright, but this does not affect any other con\ntractually unequal ownership arrangements. [Cases: \nCopyrights and Intellectual Property <::=41(3).J \nliterary work. (I8c) A nonaudiovisual work that is \nexpressed in verbal, numerical, or other symbols, \nsuch as words or musical notation, and embodied in \nsome type of physical object. -Literary works are \none of eight general categories that are eligible for \ncopyright protection. 17 USCA  102_ Cf. LITERARY \nCOMPOSITION. [Cases: Copyrights and Intellectual \nProperty (>5.] \n\"Copyright protection extends to literary works which are \ndefined as works, other than audiovisual works, expressed \nin words, numbers, or other verbal or numerical symbols \nor indicia, regardless of the nature of the material objects, \nsuch as books, periodicals, manuscripts, phonorecords, \nfilm, tapes, disks, or cards in which they are embodied. \nThe term 'literary work' does not connote any criterion of \nliterary merit or qualitative value and includes catalogs \nand directories; similar factual, reference or instructional \nworks; compilations of data; computer data bases, and \ncomputer programs.\" 18 Am, Jur. 2d Copyright and Literary \nProperty  25, at 360 (1985). \npictorial, graphic, and sculptural work. Two-or three\ndimensional works ofgraphic, fine, or applied art that \nare eligible for copyright protection. -This is one of \neight general classifications covered by copyright law. \nExamples include globes, architectural draWings, \nphotographs, and models. 17 USCA  102. Abbr. \nPGS. [Cases: Copyrights and Intellectual Property \n(>6.] \nposthumous work. The product ofan author who died \nbefore publication. [Cases: Copyrights and Intellec\ntual Property (>33.] pseudonymous work. A work done by an author who \nuses a fictitious name. \nwork for hire. A copyrightable work produced either \nby an employee within the scope of employment or \nby an independent contractor under a written agree\nment; esp., a work specially ordered or commissioned \nfor use as (1) a contribution to a collective work, (2) a \ntranslation, (3) a supplementary work, (4) a part ofa \nmovie or other audiovisual work, (5) a compilation, \n(6) an instructional text, (7) a test, (8) answer material \nfor a test, or (9) an atlas. Ifthe work is produced \nby an independent contractor, the parties must agree \nexpressly in writing that the work will be a work for \nhire. The employer or commissioning party owns the \ncopyright. 17 USCA  101. Also termed work made \nfor hire. [Cases: Copyrights and Intellectual Property \nG--:;'41(2).] \nwork ofauthorship. The product ofcreative expression, \nsuch as literature, music, art, and graphic designs. \nCopyright protects a work of authorship if it meets \nthree criteria. First, the work must be original, not a \ncopy. Second, the work must be presented in a fixed \nmedium, such as a computer disk, a canvas, or paper. \nFinally, some creativity must have been involved in \nthe work's creation, although the amount of creativ\nity required depends on the particular work. -Also \ntermed creative work. [Cases: Copyrights and Intel\nlectual Property \nwork ofthe United States government. A work created \nby a U.S. government officer or employee in the course \nof performing official duties. -By statute, federal\ngovernment works may not be copyrighted. [Cases: \nCopyrights and Intellectual Property (>10.3.] \nwork, vb. L To exert effort; to perform, either phYSically \nor mentally <lawyers work long hours during trial>. \n2. To function properly; to produce a desired effect \n<the strategy worked>. 3. Patents. To develop and use \n(a patented invention, esp. to make it commercially \navailable) <the patentee failed to work the patent>. \nFailure to work a patent in a specified amount of time \nis grounds for a compulsory license in some countries. \n[Cases: Patents C=> 191.) \n\"A patentee has the exclusive right to make, use, or sell the \ninvention. 35 U.S.CA.  154. The right includes the right \nto refrain from making, using, or selling the invention, In \nmany foreign countries, the inventor is obliged to 'work' \nthe patent and if he does not do so, he can be required to \ngrant a compulsory license to others who wish to exploit \nthe invention. But an American patentee is under no such \nduty. although there are antitrust implications involved \nin the failure to work a patent.\" Arthur R. Miller & Michael \nH, Davis, Intellectual Property in a Nutshell 128-29 (2d ed. \n1990). \nwork and labor. Hist. A common count in an action of \nassumpsit for the work and labor performed and mate\nrials furnished by the plaintiff. See ASSUMPSIT. [Cases: \nAssumpsit, Action ofC::c5.J \nworker. L One who labors to attain an end; esp., a person \nemployed to do work for another. 2. A person who offers \nto perform services for compensation in the employ of \n\n1745 \nanother, whether or not the person is so employed at \na given time. \nWorker Adjustment and Retraining Notification Act. \nA federal law that requires an employer to provide \nnotice of a plant closing or mass layoff, 60 days before \nthe closing or layoff, to the employees, the state-dis\nlocated-workers unit, and the chief elected official of \nthe unit oflocal government where the plant closing \nor layoff is to occur. 29 USCA  2101-2109. Abbr. \nWARN. [Cases: Labor and Employment C=>3202.] \nworkers' compensation. A system of providing benefits \nto an employee for injuries occurring in the scope of \nemployment . Most workers'-compensation statutes \nboth hold the employer strictly liable and bar the \nemployee from suing the employer in tort. -Abbr. we. -Also termed workmen's compensation; employ\ners'liability. [Cases: Workers' Compensation C=> Il.] \n\"Workers' compensation laws were designed to provide \nemployees with expansive protection against the conse\nquences of employment-related injuries, Injured workers \nno longer had to establish negligence attributable to their \nemployer in order to obtain legal redress. They merely \nhad to demonstrate that their conditions arose out of and \nduring the course of their employment,\" Mark A. Rothstein \net aI., Employment Law  7.3, at 406 (1994), \nworkers' -compensation act. A statute by which employ\ners are made responSible for bodily harm to their \nworkers arising out of and in the course of their employ\nment, regardless of the fault of either the employee or \nthe employer. [Cases: Workers' Compensation C=> 1, \n6.] \nworkers' -compensation board. An agency that reviews \ncases arising under workers' -compensation statutes and \nadministers the related rules and regulations. -Also \ntermed workers'-compensation commission. [Cases: \nWorkers' Compensation C=> 1076-1096.10.] \n\"Workers' compensation boards. , . are tribunals .. , of \nlimited and special jurisdiction and have only such author\nity and power as have been conferred upon them by \nexpress grant, or by implication as necessary and inciden\ntal to the full exercise of their authority. The functions of \nsuch agencies may include the settlement of disputes with \nrespect to the right to and the amount of compensation, \nthe supervision of voluntary settlements or agreements, \nthe collection and administration of compensation funds, \nand the supervision and regulation of matters pertaining \nto compensation insurance,\" 82 Am.Jur. 2d Workers' Com\npensation  56, at 65 (1992). \nworkers' -compensation lien. See LIEN. \nworkers' -compensation subrogation lien. See workers' \ncompensation lien under LIEN. \nworkfare. (1969) A system of requiring a person receiv\ning a public-welfare benefit to earn that benefit by per\nforming a job proVided by a government agency or \nundergOing job training. [Cases: Social Security and \nPublic Welfare C=>4.15.j \nwork for hire. See WORK (2). \nwork furlough (f<lr-Ioh). (1960) A prison-treatment \nprogram allowing an inmate to be released during the \nday to work in the community. See WORK-RELEASE \nPROGRAM. [Cases: Prisons C='174.] workplace \nwork-furlough program. See WORK-RELEASE PROGRAM. \nworkhouse. (l7c) A jail for criminals who have com\nmitted minor offenses and are serving short sentences. \n[Cases: Prisons (;;:::)213.] \nworking capital. See CAPITAL. \nworking capital acceptance. Seefinance bill under BILL \n(6). \nworking control. See CONTROL. \nworking example. See EXAMPLE. \nworking interest. Oil & gas. The rights to the mineral \ninterest granted by an oil-and-gas lease, so called \nbecause the lessee acquires the right to work on the \nleased property to search, develop, and produce oil \nand gas, as well as the obligation to pay all costs. See \nROYALTY (2). -Also termed leasehold interest; operat\ning interest. [Cases: Mines and Minerals C=>73.1(2).J \nworking model. Patents. A sample ofan invention, usu. \nbuilt for testing and for displaying to potential buyers. \n The building of a working model is called \"actual \nreduction to practice.\" It is not required for a patent, \nbut it can help the applicant to clarify the description \nand to establish a date of invention in the event of an \ninterference. [Cases: Patents C=>9"}
{"text": "clarify the description \nand to establish a date of invention in the event of an \ninterference. [Cases: Patents C=>90(6).] \nworking papers. 1. WORK PERMIT; esp., an employment \ncertificate or permit required of an employer in some \nstates before a minor may be hired. 2. Accounting. The \nrecords kept by an independent auditor of the proce\ndures followed, tests performed, information obtained, \nand conclusions reached in an audit. A reviewer \nmay evaluate the quality of an audit by examining the \nworking papers. \nwork-in-process. A product being manufactured or \nassembled but not yet completed. -Abbr. WIP. -Also \ntermed work-in-progress. \nwork made for hire. See work for hire under WORK (2). \nworkmen's compensation. See WORKERS' COMPENSA\nTION. \nwork ofauthorship. See WORK (2). \nwork of necessity. See WORK (1). \nwork of the United States government. See WORK (2). \nworkout, n. 1. The act of restructuring or refinancing \noverdue loans. 2. Bankruptcy. A debtor's agreement, \nusu. negotiated with a creditor or creditors out ofcourt, \nto reduce or discharge the debt. work out, vb. \nwork permit. An alien's documentary work authoriza\ntion from the Immigration and Naturalization Service. \n Under the Immigration Reform and Control Act of \n1986, it is illegal for an employer to hire an alien who \nlacks a work permit. 8 USCA  1324(a)(1). Also \ntermed working papers. \nworkpiece. Patents. The embodiment of an invention, \nusu. a device, as the patent claims describe how to make \nand use it. [Cases: Patents C=> 165(4).] \nworkplace. A person's place of employment or work \nsetting in general. See SAFE WORKPLACE. \n\n1746 work product \nwork product. (1947) Tangible material or its intangible \nequivalent in unwritten or oral form that was \neither prepared by or for a lawyer or prepared for liti\ngation, either planned or in progress. -Work product \nis generally exempt from discovery or other com\npelled disclosure. The term is also used to describe the \nproducts ofa party's investigation or communications \nconcerning the subject matter of a lawsuit if made (1) \nto assist in the prosecution or defense ofa pending suit, \nor (2) in reasonable anticipation of litigation. Fed. R. \nEvid.26. Also termed attorney work product. [Cases: \nCriminal Law~627.5(6); Federal Civil Procedure \n1604; Pretrial Procedure ~35,358.] \ncore work product. See opinion work product. \nfact work product. A lawyer's tangible work product \nthat includes facts but not the lawyer's mental impres\nsions. _ Fact work product is subject to a qualified \nprivilege. It is not discoverable unless the party \nseeking discovery can show (1) a substantial need for \nthe materials and (2) an inability to acquire the infor\nmation by any other means without undue hardship. \nSee Fed. R. Evid. 26(b)(3). -Also termed ordinary \nwork product. [Cases: Criminal Law ~~627.5(6); \nFederal Civil Procedure 1604; Pretrial Proce\ndure 358.] \nopinion work product. A lawyer's opinions, mental \nimpressions, conclusions, and legal theories arising \nfrom a client's case. -An adversary usu. cannot \ngain access to this work product despite showing \nsubstantial need and undue hardship. Fed. R. Evid. \n26(b)(3). -Also termed core work product. [Cases: \nCriminal Law ~627.5(6); Federal Civil Procedure \n~1604; Pretrial Procedure 358.] \nordinary work product. Seefact work product. \nwork-product rule. (1954) The rule providing for quali\nfied immunity ofan attorney's work product from dis\ncovery or other compelled disclosure. Fed. R. Civ. P. \n26(b)(3). _ The exemption was primarily established \nto protect an attorney's litigation strategy. Hickman v. \nTaylor, 329 U.S. 495, 67 S.Ct. 385 (1947). Also termed \nwork-product immunity; work-product privilege; work\nproduct exemption; attorney-work-product privilege. \n[Cases: Criminal Law~627.5(6); Federal Civil Pro\ncedure (,':::> 1604; Pretrial Procedure \n\"Although the work-product rule has often been spoken of \nas creating a 'privilege,' it is a qualified one that does not \ngrant full immunity from discovery. To the extent the term \n'privilege' causes confusion between the work-product rule \nand the absolute privilege for confidential communica\ntions between attorney and client, it is important to keep \nin mind this distinction.... Rule 26(b)(3) provides that \nwork-product material is subject to discovery 'only upon a \nshowing that the party seeking discovery has substantial \nneed of the materials in the preparation of the party's case \nand that the party is unable without undue hardship to \nobtain the substantial equivalent of the materials by other \nmeans.'\" 8 Charles Alan Wright et aI., Federal Practice and \nProcedure  2025, at 371, 373-74 (2d ed. 1994). \nwork-release program. (1964) A correctional program \nallOWing a prison inmate -primarily one being readied \nfor discharge - to hold a job outside prison. Also termed work-furlough program. See HALFWAY HOUSE. \n[Cases: Prisons ~174.] \nworks. 1. A mill, factory, or other establishment for \nmanufacturing or other industrial purposes; a manu\nfacturing plant; a factory. 2. Any building or structure \non land. _ Some states also include structures built in \nthe sea, such as offshore-drilling platforms. \nnew works. Civil law. A structure newly commenced \non a particular estate. - A denunciation of new \nworks is a remedy allowed for an adjacent landowner \nwhose property will be injured ifthe structure is com\npleted. \npublic works. Structures (such as roads or dams) built \nby the government for public use and paid for by \npublic funds. [Cases: States ~83.] \nwork stoppage. A cessation ofwork; STRIKE. \nworld. 1. The planet Earth <the world has limited natural \nresources>. 2. All the Earth's inhabitants; the public \ngenerally <the world will benefit from this discovery>. \n3. All persons who have a claim or acquire an interest \nin a particular subject matter <a judgment in rem binds \nall the world>. \nWorld Bank. A U.N. specialized agency established in \n1945 to prOVide loans that aid in economic develop\nment, through economically sustainable enterprises. \n-Its capital derives from both U.N. member states and \nloans on the open market. Also termed International \nBankfor Reconstruction and Development. [Cases: \nInternational Law ~10.45(2).] \nWorld Court. See INTERNATIONAL COURT OF JUSTICE. \nworld fund. See globalfund under MUTUAL FUND. \nWorld Intellectual Property Organization. An agency \nof the United Nations Educational, Scientific, and \nCultural Organization formed in 1967 to (1) promote \nintellectual-property protection worldwide through \ncooperation among nations, and (2) administer mul\ntilateral treaties dealing with legal and administrative \naspects of intellectual property. -The organization's \nheadquarters are in Geneva, Switzerland. Abbr. \nWIPO. \nworldly, adj. Of or relating to the present state of exis\ntence; temporal; earthly <worldly possessions>. See \nSECULAR. \nWorld Trade Organization. The body charged with \nenforcing intellectual-property provisions of the \nGATT treaty. _ WTO comprises the signatories ofthe \nUruguay Round of GATT negotiations. Abbr. WTO. \nSee TRIPS. \nworldwide military-locator service. A search service \nthat locates the current duty station of a member ofany \nbranch of the United States military services, esp. for \nenforcing the service member's child-support obliga\ntions. _ Each branch of the armed forces maintains a \nworldwide locator service that is available to military \nand nonmilitary persons, their counsel, and Title \nIV-D agencies. Use of the locator service requires the \nmember's full name and social-security number. \n\n1747 \nworship. 1. Any form of religious devotion, ritual, or \nservice showing reverence, esp. for a divine being or \nsupernatural power <freedom of worship>. [Cases: \nReligious Societies (;= 1.] \npublic worship, 1. Worship conducted by a religious \nsociety according to the society's system ofecclesias\ntical authority, ritual propriety, and rules and regula\ntions. 2. Worship under public authority. 3. Worship \nin a public place, without privacy or concealment. \n4. Worship allowed by all members of the public \nequally. \n2. English law. A title of honor or dignity used in \naddreSSing certain magistrates or other high officers. \n The title is always preceded by a possessive pronoun, \nusu. your <your worship>. \nwort (wdrt), n. Archaic. A country farm; a curtilage. \nAlso termed worth. \nworth, n. (bef. 12c) 1. The monetary value of a thing; the \nsum of the qualities that render a thing valuable and \nuseful, expressed in the current medium of exchange. \n2. The emotional or sentimental value ofsomething. 3. \nThe total wealth held by a person or entity. \nnet tangible worth. A corporation's net physical value, \ncalculated by subtracting the liabilities from the value \nofthe tangible assets then dividing by the number of \noutstanding shares. \nnet worth. A measure of one's wealth, usu. calculated \nas the excess of total assets over total liabilities. \nAlso termed net assets. [Cases: Internal Revenue \n4530.] \ntangible worth. The amount ofwealth held in the form \nof physical, valuable assets, such as cash and equip\nment. \n4. WORT. \nworthier-title doctrine. (I935) 1. Hist. The common-law \ndoctrine that ifa beneficiary ofa will would receive an \nidentical interest as an heir under the laws ofintestacy, \nthe person takes the interest as an heir rather than as a \nbeneficiary. The doctrine has been abolished in most \nstates. [Cases: Wills C=713.] 2. Property. The doctrine \nthat favors a grantor's intent by construing a grant as \na reversion in the grantor instead of as a remainder in \nthe grantor's heirs. -Also termed doctrine ofworthier \ntitle. See REMAINDER; REVERSION. \nworthiest of blood, n. lIist. Of or relating to males, \nbecause of the preference given them in the laws of \ndescent. See PRIMOGENITURE. \n\"Thus sons shall be admitted before daughters; or, as \nour male lawgivers have somewhat uncomplaisantly \nexpressed it, the worthiest blood shall be preferred. As if \nJohn Stiles hath two sons, Matthew and Gilbert, and two \ndaughters, Margaret and Charlotte, and dies; first Matthew, \nand (in case of his death without issue) then Gilbert shall \nbe admitted to the succession in preference to both the \ndaughters: 2 William Blackstone, Commentaries on the \nLaws ofEngland 213 (1766). \nworthless, adj. Totally lacking worth; of no use or \nvalue. writ \nworthless check. See bad check under CHECK. \nworthless person. Archaic. A person who owns \nnothing. \nworthless security. See SECURITY. \nworthy, adj. Having worth; possessing merit; valuable. \nwounded feelings. (i8c) Injuries resulting from insults, \nindignity, or humiliation, as distinguished from the \nusual mental pain and suffering consequent to physical \ninjury. [Cases: Damages (;=;57.11,57.17,57.24.] \nwounding. (I4c) 1. An injury, esp. one involVing a \nrupture ofthe skin. 2. An injury to feelings or reputa\ntion. 3. Hist. A n aggravated type ofassault and battery \nin which one person seriously injures another. \nwrap account. See ACCOUNT. \nwraparound mortgage. See MORTGAGE. \nwrap-fee account. See wrap account under ACCOUNT. \nwreck, n. 1. SHIPWRECK. 2. Goods cast ashore from a \nwrecked vessel and not claimed by the owner within a \nspecified period (such as one year). \nwreckfree, adj. (Of a port, etc.) exempt from the forfei\nture of shipwrecked goods and vessels to the Crown. \nwrit (rit). (bef. 12c) A court's written order, in the name \nofa state or other competent legal authority, command\ning the addressee to do or refrain from doing some \nspecified act. [Cases: Injunction (;=202.] \n\"[W]rits have a long history. We can trace their formal \norigin to the Anglo-Saxon formulae by which the king \nused to communicate his pleasure to persons and courts. \nThe Anglo-Norman writs, which we meet with after the \nConquest, are substantially the Anglo-Saxon writs turned \ninto Latin. But what is new is the much greater use made \nof them, owing to the increase of royal power which came \nwith the Conquest.\" W.S. Holdsworth, Sources and Litera\nture ofEnglish Law 20 (1925). \nalias writ. (18c) An additional writ issued after another \nwrit ofthe same kind in the same case . It derives its \nname from a Latin phrase that formerly appeared in \nalias writs: sicut alias praecipimus, meaning \"as we at \nanother time commanded.\" Cf. alias execution under \nEXECUTION. [Cases: Process C=45.] \nalternative writ. (1827) A common-law writ com\nmanding the person against whom it is issued either \nto do a specific thing or to show cause why the court \nshould not order it to be done. [Cases: Mandamus \nC=158.] \nclose writ. Hist. 1. A royal writ sealed because the \ncontents were not deemed appropriate for public \ninspection. Cf. patent writ; CLAliSE ROLLS. 2. A writ \ndirected to a sheriff instead of to a lord. \nconcurrent writ. A duplicate of an original writ (esp. \na summons), issued either at the same time as the \noriginal writ"}
{"text": "\nconcurrent writ. A duplicate of an original writ (esp. \na summons), issued either at the same time as the \noriginal writ or at any time while the original writ \nis valid. \ncounterpart writ. (1841) A copy of an original writ, to \nbe sent to a court in another county where the defen\ndant is located. \n\n1748 writ de haeretico comburendo \nextraordinary writ. (17c) A writ issued by a court exer\ncising unusual or discretionary power . Examples \nare certiorari, habeas corpus, mandamus, and prohi\nbition. Also termed prerogative writ. Cf. extraordi\nnary relief under RELIEF. [Cases: Courts <::----=>207.] \nground writ. Hist. A writ issued in a county having \nvenue of an action in order to allow a writ of capias \nad satisfaciendum or offieri faCias to be executed \nin a county where the defendant or the defendant's \nproperty was found . These two writs could not be \nexecuted in a county other than the county having \nvenue of the action until a ground writ and then a \ntestatum writ were first issued. This requirement was \nabolished in 1852. Cf. TESTATUM. \njudicial writ. (l6c) 1. A writ issuing from the court to \nwhich the original writ was returnable; a writ issued \nunder the private seal ofthe court and not under the \ngreat seal of England. Cf. original writ. 2. Any writ \nissued by a court. \njunior writ. (1839) A writ issued at a later time than a \nsimilar writ, such as a later writ issued by a different \nparty or a later writ on a different claim against the \nsame defendant. \noptional writ. (I8c) At common law, an original writ \nissued when the plaintiff seeks specific damages, such \nas payment ofa liquidated debt.  The writ commands \nthe defendant either to do a specified thing or to show \nwhy the thing has not been done. \noriginal writ. (16c) A writ commencing an action and \ndirecting the defendant to appear and answer . In \nthe United States, this writ has been largely super\nseded by the summons. At common law, this type of \nwrit was a mandatory letter issuing from the court of \nchancery under the great seal, and in the king's name, \ndirected to the sheriff ofthe county where the injury \nwas alleged to have occurred, containing a summary \nstatement ofthe cause ofcomplaint, and requiring the \nsheriff in most cases to command the defendant to \nsatisfy the claim or else appear in court to account for \nnot satisfying it. Sometimes shortened to original. \nSee SUMMONS. [Cases: Process (;::::/8.] \npatent writ (pay-t;::,nt). Hist. An open writ; one not \nclosed or sealed up. Cf. close writ. \nperemptory writ (pJr-emp-tJ-ree). (18c) At common \nlaw, an original writ issued when the plaintiff seeks \nonly general damages, as in an action for trespass . \nThe writ, which is issued only after the plaintiff gives \nsecurity for costs, directs the sheriff to have the defen\ndant appear in court. [Cases: Mandamus (;::::/ 179.J \npluries writ. See PLURIES. \nprerogative writ. See extraordinary writ. \ntestatum writ (tes-tay-tJm). See TESTATUM. \nvicontiel writ (vI-kon-tee-Jl). Hist. A writ triable in the \ncounty court. In the 13th-14th centuries, civilliti\ngation could originate in the county court either by \noral plaint or by a writ from the Chancery ordering \nthe sheriff to do justice in a case. The writ that began such a proceeding was called vicontiel because it was \naddressed to the sheriff. See VICONTIEL (2). \n\"Vicontiel writs were of two sorts, the one founded on Torts, \nthe other on Contracts. The vicontiel writs adapted for torts, \nwere those of trespass, replegiari facias, nuisance, and \nothers of the like nature; and those of matters of contract \nwere called writs ofjusticies, which was a command to the \nsheriff to do justice between the parties ....\" 1 George \nCrompton, Practice CommonPlaced: Rules and Cases of \nPractice in the Courts of King's Bench and Common Pleas \nvii-viii (3d ed. 1787). \nwrit ofcapias. See CAPIAS. \nwrit de haeretico comburendo. See DE HAERETICO COM\nBURENDO. \nwrite down, vb. Accounting. To transfer part of the \nbalance (of an asset account) to an expense or loss \naccount to reflect the asset's diminished value. \nwrite off, vb. Accounting. To transfer the entire balance \n(of an asset account) to an expense or loss account to \nreflect the asset's total loss of value <the partnership \nwrote off the bad debt>. -write-off, n. See TAX WRITE\nOFF. write-off, n. \nwriter. Securities. 1. A person or institution that sells \nsecurities or futures option contracts. 2. See insurance \nunderwriter (1) under UNDERWRITER. \nwriter ofthe tallies. English law. An officer ofthe Exche\nquer who writes on the tallies the letters oftellers' bills. \nSee TALLY. \nWriter to the Signet. Scots law. 1. Hist. A member ofthe \nCollege ofJustice, founded in 1532.2. A member ofan \nEdinburgh society of solicitors who hold a few special \nprivileges in the preparation of official documents. \nwrite-up, n. 1. A memorandum ofa conference between \nan employer and an employee, usu. held to discuss the \nemployee's poor work performance or a diSciplinary \naction against the employee. 2. A publication (such as \na newspaper article) about a particular person, thing, \nor event. \nwrite-up, vb. Accounting. To increase the valuation ofan \nasset in a financial statement to reflect current value. \n With a few minor exceptions, this is generally not \npermitted. \nwritfifa. See TESTATUM (1). \nwriting, n. Any intentional recording of words that \nmay be viewed or heard with or without mechanical \naids. This includes hard-copy documents, electronic \ndocuments on computer media, audio and videotapes, \ne-mails, and any other media on which words can be \nrecorded. \nsigned writing. A writing to which a person's signature \nhas been affixed in some form. See SIGNATURE. \nwriting obligatory, n. A bond; a written obligation, as \ntechnically described in a pleading. \nwrit ofad quod damnum. See AD QUOD DAMNUM. \nwrit ofaiel (aY-Jl). See AIEL (2). \nwrit of assistance. 1. A writ to enforce a court's decree \ntransferring real property, the title of which has been \n\n1749 writ of injunction \npreviously adjudicated. [Cases: Assistance, Writ \n1.] 2. Hist. A writ issued by the Court of Exchequer \nordering the sheriff to assist in collecting a debt owed \nthe Crown. 3. His!. In colonial America, a writ issued \nby a superior colonial court authorizing an officer of \nthe Crown to enter and search any premises suspected \nofcontaining contraband. -The attempted use ofthis \nwrit in Massachusetts -defeated in 1761 was one of \nthe acts that led to the American Revolution. \nwrit of association. Hist. English law. A writ whereby \ncertain persons (usu. the clerk of assize and subor\ndinate officers) were directed to associate themselves \nwith the justices and serjeants so that there would be an \nadequate supply ofcommissioners for the assizes. \nwrit of attachment. See ATTACHMENT (3). \nwrit of audita querela. See AUDITA QUERELA. \nwrit ofcapias. See CAPIAS. \nwrit ofcapias ad respondendum. See CAPIAS. \nwrit of capias ad satisfaciendum. See CAPIAS. \nwrit ofcertiorari. See CERTIORARI. \nwrit of conspiracy. Hist. A writ against one who con\nspired to injure the plaintiff, esp. by indicting the plain\ntiff for treason or felony. _ Under common law, all other \ncircumstances ofconspiracy were actions on the case. \n[Cases: Conspiracy (:::::: 15.] \nwrit ofconsultation. An extraordinary writ issued by an \nappellate court ordering a lower court to proceed in a \nmatter that the lower court previously refused to hear. \nCf. PROHIBITION (2). \nwrit ofcoram nobis. See CORAM NOBIS. \nwrit ofcoram vobis. See CORAM VOBIS. \nwrit ofcourse. (17c) A writ issued as a matter of course \nor granted as a matter of right. Also termed writ of \nright; breve de cursu. \nwrit ofcovenant. Hist. A writ for one claiming damages \nas a result ofa breach ofa promise under seal or other \ncovenant. -Also termed breve de conventione (breev \nor bree-vee dee k~n-ven-shee-oh-nee). \n\"The writ of covenant (breve de conventione) is not men\ntioned by Glanvill; but it appears within a short lime after \nthe publication of his book and already in the early years \nof Henry III. It can be had 'as of course,' at all events when \nthe tenement that is in question is of small value. Before \nHenry's death it has become a popular writ .... The great \nmajority of actions ofcovenant are brought merely in order \nthat they may be compromised. We doubt whether any \nprinciple was involved in the choice; but may infer that the \nprocedure instituted by this writ was cheap and expedi\ntious for those who wished to get to their final concord.\" \n2 Frederick Pollock & Frederic W. Maitland, The History of \nEnglish Law Before the Time of Edward 1216-17 (2d ed. \n1899). \nwrit ofdebt. See DEBT (4). \nwrit ofdeceit. Hist. A writ against one who deceives and \ndamages another by acting in the other's name. \nwrit of deliverance. See DELIVERANCE (3). \nwrit ofdetinue. (17c) A writ in an action for detinue. See \nDETINUE. [Cases: Detinue Cr--:::' 1.] writ of dower. 1. DE DOTE UNDE NIHIL HABET. 2. A \nwidow's writ of right ofdower providing her the remain\nder ofthe dower to which she is entitled after part of \nit had been assigned by the tenant. [Cases: Dower and \nCurtesy (::::::70.1.] \nwrit ofejectment. (17c) The writ in an action of eject\nment for the recovery ofland. See EJECTMENT. [Cases: \nEjectment G-:::' 120.J \nwrit ofelegit. See ELEGIT. \nwrit of entry. (16c) A writ that allows a person wrong\nfully dispossessed of real property to enter and retake \nthe property. \nwrit oferror. (lSc) 1. A writ issued by an appellate court \ndirecting a lower court to deliver the record in the case \nfor review. Cf. ASSIGNMENT OF ERROR. [Cases: Appeal \nand Error 398.] \n'The writ of error is the most common of all the forms of \nremedial process available to an unsuccessful party after \na final determination of the merits of the action, and is in \ncommon use in this country at the present time, where \nthe common-law modes of procedure are followed. Its \nobject ... is to obtain a reversal of the judgment, either \nby reason of some error in fact affecting the validity and \nregularity of the legal decision itself, or on account of \nsome mistake or error in law, apparent upon the face of \nthe record, from which the judgment appears to have been \ngiven for the wrong party.\" Benjaminj. Shipman, Handbook \nof Common-Law Pleading  337, at 538 (Henry Winthrop \nBallantine ed., 3d ed. 1923). \nwrit oferror coram nobis. See CORAM NOBIS. \nwrit oferror coram vobis. See CORAM VOBIS. \n2. Hist. A writ issued by a chancery court, at the request \nofa party who was unsuccessful at trial, directing the \ntrial court either to examine the record itself or to \nsend it to another court of appellate jurisdiction to be \nexamined, so that some alleged error in the proceed\nings may be corrected. \nwrit ofescheat. Hist. A writ allowing a lord to take pos\nsession oflands that had escheated to him. See ESCHEAT \n(1). \nwrit of estrepement (e-streep-mant). See DE ESTREPA\nMENTO. \nwrit of execution. See EXECUTION (4). \nwrit ofexigent. See EXIGENT, n. \nwrit ofexigi facias. See EXIGI FACIAS. \nwrit of extent. See EXTENT (2). \nwrit offalse judgment. See FALSE JUDGMENT. \nwrit offierifacias. See FIERI FACIAS. \nwrit offormedon. See FORMEDON. \nwrit ofhabeas corpus. See HABEAS CORPUS. \nwrit ofhabere facias possessionem. See HABERE FACIAS \nPOSSESSIONEM. \nwrit of habere facias seisinam. See HABERE FACIAS \nSEISINAM. \nwrit of injunction. See INJUNCTION. \n\n1750 writ of inquiry \nwrit of inquiry. Rist. A writ ordering the sheriff to \nempanel a jury and act as judge in a trial held to deter\nmine the amount of damages suffered by a plaintiff who \nhas won a default judgment on an unliquidated claim. \n[Cases: Damages (~~,197.] \nwrit oflatitat. See LATITAT. \nwrit of levari facias. See LEVARI FACIAS. \nwrit ofmainprise. See MAINPRISE (3). \nwrit of mandamus. See MANDAMUS. \nwrit ofmandate. See MANDATE (2). \nwrit ofmesne (meen). See DE MEDIO. \nwrit of mesne process. See mesne process under \nPROCESS. \nwrit of monstravunt. See MONSTRAVUNT. \nwrit of ne exeat. See NE EXEAT. \nwrit ofperambulation. Rist. A common-law writ issued \nby agreement of both parties when they are in doubt \nabout the bounds of their respective properties, direct\ning the sheriff to walk the jury around the property to \nset the boundaries with certainty. See PERAMBULATION. \n[Cases: Boundaries \nwrit ofpossession. (l7c) A writ issued to recover the pos\nsession ofland. (Cases: Ejectment (;:::::> 120.J \nwrit ofpraecipe"}
{"text": "\nsession ofland. (Cases: Ejectment (;:::::> 120.J \nwrit ofpraecipe. See PRAECIPE (1). \nwrit ofprevention. (17c) A writ to prevent the filing ofa \nlawsuit. See QUIA TIMET. \nwrit ofprivilege. Rist. An action to enforce or maintain \na privilege, usu. one granted by statute or by a court.  \nTraditionally, the writ was used to protect legislators \nfrom arrest in civil suits during a legislative session. \nParties and witnesses who did not reside within a \ncourt's jurisdiction were also privileged against service \nof process in civil suits while attending the court and \nwhile traveling to or from it. \n''The privilege of a suitor or witness to be exempt from \nservice of process while without the jurisdiction of his \nresidence for the purpose of attending court in an action \nto which he is a party, or in which he is to be sworn as a \nwitness, is a very ancient one. It has always been held \nto extend to every proceeding of a judicial nature taken \nin or emanating from a duly-constituted tribunal which \ndirectly relates to the trial of the issues involved. It is not \nsimply a personal privilege, but it is also the privilege ofthe \ncourt, and is deemed necessary for the maintenance of its \nauthority and dignity and in order to promote the due and \nefficient administration of justice. At common law a writ \nof privilege or protection would be granted to the party \nor witness by the court in which the action was pending, \nwhich would be respected by all other courts .... [TJhe writ \nmay still be granted by courts possessing a common law \njurisdiction; but while the granting of the writ is proper, \nit is not necessary for the enjoyment of the privilege, and \nthe only office which it can is to afford convenient and \nauthentic notice to those about to do what would be a \nviolation of the privilege, and to set it forth and command \ndue respect to it. The tendency has been not to restrict, but \nto enlarge, the right of privilege so as to afford full protec\ntion to parties and witnesses from all forms of civil process \nduring their attendance at court, and for a reasonable time \nin going and returning.\" Parker v. Marco 32 N.E. 989, 989 \n(N.Y. 1893) (citations omitted). writ of probable cause. See CERTIFICATE OF APPEAL\nABILITY. \nwrit ofproclamation. Rist. A writ, issued at the time an \nexigent was issued, ordering the sheriff of the county \nofa defendant's residence to make three proclamations \nof outlawry in a public and notorious place a month \nbefore the outlawry is declared. See OUTLAW. \nwrit of prohibition. See PROHIBITION (2). \nwrit ofprotection. (17c) 1. A writ to protect a witness in \na judicial proceeding who is threatened with arrest. 2. \nA writ exempting anyone in the Crown's service from \narrest in a civil proceeding for a year and a day. \nwrit ofquare impedit. See QUARE IMPEDIT. \nwrit ofquominus. See QUOMINUS. \nwrit ofquorum nobis. See CORAM NOBIS. \nwrit ofquo warranto. See QUO WARRANTO (1). \nwrit ofrebellion. See COMMISSION OF REBELLION. \nwrit of recaption. Rist. A writ allowing a plaintiff to \nrecover goods and damages from a defendant who \nmakes a second distress while a replevin action for a \nprevious distress is pending. See RECAPTION. \nwrit of replevin. See REPLEVIN (2). \nwrit of restitution. (17c) 1. The process of enforcing a \ncivil judgment in a forcible-entry-and-detainer action \nor enforcing restitution on a verdict in a criminal pros\necution for forcible entry and detainer. (Cases: Forcible \nEntry and Detainer C=>41; Landlord and Tenant (;:::::> \n291(17).] \n\"In some states, follOWing the British statutes, the prosecu\ntor may have a writ of restitution for the premises immedi\nately on the rendition of a verdict of guilty on an indictment \nfor forcible entry and detainer; and the operation of such \nwrit of restitution is not suspended by an appeal by the \ndefendant.\" 35 Am.Jur. 2d Forcible Entry and Detainer 61, \nat 931 (1967). \n2. A common-law writ issued when a judgment is \nreversed, whereby all that was lost as a result of the \njudgment is restored to the prevailing party. [Cases: \nAppeal and Error (;:::::> 1179.] \nwrit of review. (lSc) A general form of process issuing \nfrom an appellate court to bring up for review the \nrecord ofthe proceedings in the court below; the com\nmon-law writ of certiorari. [Cases: Courts \nReview (;:::::> 1.] \nwrit ofright. See WRIT OF COURSE. \nwrit ofsecond deliverance. See second deliverance under \nDELIVERANCE. \nwrit ofsequestration. (I8c) A writ ordering that a court \nbe given custody of something or that something not \nbe taken from the jurisdiction, such as the collateral for \na promissory note . Such a writ is usu. issued during \nlitigation, often so that the object will be available \nfor attachment or execution after judgment. [Cases: \nSequestration (;:::::> 13.1 \n\n1751 \nwrit of summons. English law. A writ by which, under \nthe Judicature Acts of1873-1875, all actions were com\nmenced. See SUMMONS. \nwrit ofsupersedeas. See SUPERSEDEAS. \nwrit of supervisory control. (1901) A writ issued to \ncorrect an erroneous ruling made by a lower court \neither when there is no appeal or when an appeal \ncannot provide adequate relief and the ruling will result \nin gross injustice. [Cases: Courts ~'207.1.J \nwrit oftestatumfierifacias. See TESTATUM (1). \nwrit ofthreats. See SECURITATE PACIS. \nwrit of tolt (tohlt). See TOLT. \nwrit of trial. Hist. English law. By the Civil Procedure \nAct of 1835, a writ ordering an action brought in a \nsuperior court to be tried in an inferior court or before \nthe undersheriff . It was superseded by the County \nCourts Act of 1867, ch. 142,  6 authorizing a defendant, \nin certain cases, to obtain an order that an action is to \nbe tried in a county court. St. 3 & 4 WilL 4, ch. 42. \nwrit of venire facias. See VENIRE FACIAS. \nwrit ofwaste. Hist. A writ to recover damages against \na tenant who committed waste. See WASTE (1). [Cases: \nWaste \n\"After waste had been actually committed, the ancient cor\nrective remedy, in a court of common law, was by a writ \nof waste for the recovery of the place wasted, and treble \ndamages as a compensation for the injury done to the \ninheritance.\" 78 Am,jur. 2d Waste  29, at 417 (1975), \nwrit of withernam. See capias in withernam under \nWITHERNAM. \nwrit pro retorno habendo (proh ri-tor-noh hd-ben\ndoh), n. [Law Latin \"for return to be had\"] Hist. A writ \nordering the return ofgoods to a defendant who, upon \nthe plaintiff's default, obtained a favorable judgment in \na replevin action. See DELIVERANCE (4), \nwrit system. (1890) The common-law procedural system \nunder which a plaintiff commences an action by obtain\ning the appropriate type oforiginal writ. \nwritten contract. See CONTRACT. \nwritten description. See DESCRIPTION (5). \nwritten directive. See ADVANCE DIRECTIVE (2). \nwritten law. See LAW. \nwritten testimony. See TESTIMONY. \nwritten warranty. See WARRANTY (2). \nwrong, n. (bef. 12c) Breach of one's legal duty; viola\ntion ofanother's legal right. [Cases: Torts <>107.] \nwrong, vb. \n\"A wrong may be described, in the largest sense, as \nanything done or omitted contrary to legal duty, consid\nered in so far as it gives rise to liability.\" Frederick Pollock, \nA First Book ofjurisprudence 68 (1896), \n\"A wrong is simply a wrong act -an act contrary to the \nrule of right and justice. A synonym of it is injury, in its \ntrue and primary sense of injuria (that which is contrary \nto jus) . , , ,\" John Salmond, Jurisprudence 227 (Glanville L. \nWilliams ed\" 10th ed. 1947). wrongful adoption \ncivil wrong. (I7c) A violation ofnoncriminal law, such \nas a tort, a breach of contract or trust, a breach of \nstatutory duty, or a defect in performing a public duty; \nthe breach ofa legal duty treated as the subject matter \nofa civil proceeding. See TORT (1). Cf. CRIME. \ncontinuing wrong. (1846) An ongoing wrong that is \ncapable of being corrected by specific enforcement. \n-An example is the nonpayment of a debt. \nintentional wrong. (I8c) A wrong in which the mens \nrea amounts to intention, purpose, or deSign. -Also \ntermed willful wrong. \nlegal wrong. (I8c) An act that is a violation of the law; \nan act authoritatively prohibited by a rule oflaw. \nmoral wrong. (l8c) An act that is contrary to the rule of \nnatural justice. Also termed natural wrong. \npersonal wrong. An invasion ofa personal right. \npositive wrong. (18c) A wrongful act willfully com\nmitted. \nprivate wrong. (l6c) An offense committed against a \nprivate person and dealt with at the instance of the \nperson injured. \npublic wrong. (16c) An offense committed against the \nstate or the community at large, and dealt with in a \nproceeding to which the state is itself a party. _ Not all \npublic wrongs are crimes. For example, a person that \nbreaches a contract with the government commits \na public wrong, but the offense is a civil one, not a \ncriminal one. \nreal wrong. An injury to the freehold. \ntransitory wrong. (2004) A wrong that, once commit\nted, belongs to the irrevocable past . An example is \ndefamation. \nwillful wrong. See intentional wrong. \nwrong of negligence. (1902) A wrong in which the \nmens rea is a form of mere carelessness, as opposed \nto wrongful intent. \nwrong ofstrict liability. (1986) A wrong in which a \nmens rea is not required because neither wrongful \nintent nor culpable negligence is a necessary condi\ntion of responsibility. \nwrongdoer, n. (15c) One who violates the law <both \ncriminals and tortfeasors are wrongdoers>. -wrong\ndoing, n. \nwrongful, adj. (l4c) 1. Characterized by unfairness or \ninjustice <wrongful military invasion>. 2. Contrary to \nlaw; unlawful <wrongful termination>. 3. (Of a person) \nnot entitled to the position occupied <wrongful pos\nsessor>. -wrongfully, adv. \nwrongful act. See wrongful conduct under CONDCCT. \nwrongful adoption. 1. An adoption in which the \nadoption agency fails to provide adoptive parents \nwith full or accurate information regarding the child's \nphysical or psychological background, _ The adoptive \nparents normally do not seek to nullify the adoption. \nRather, they seek damages, usu. tor medical care and \n\n1752 wrongful-birth action \nfor emotional distress. 2. An adoptive parent's legal \nclaim against an adoption agency for not fully or accu\nrately disclosing the child's physical or psychological \nbackground. Cf. ABROGATION OF ADOPTION. [Cases; \nInfants C::::> 17.] \nwrongful-birth action. (1972) A lawsuit brought by \nparents against a doctor for failing to advise them pro\nspectively about the risks of their having a child with \nbirth defects. [Cases; Health C::::>687.] \nwrongful-conception action. See WRONGFUL-PREG\nNANCY ACTION. \nwrongful conduct. See CONDUCT. \nwrongful-death action. (1926) A lawsuit brought on \nbehalf of a decedent's survivors for their damages \nresulting from a tortious injury that caused the dece\ndent's death. -Also termed death action; death case. \nCf. SURVIVAL ACTION. [Cases; Death C::::>7-33.] \nwrongful-death statute. (1904) A statute authorizing a \ndecedent's personal representative to bring a wrongful\ndeath action for the benefit ofcertain beneficiaries. \nFormerly also termed death-damage statute. [Cases; \nDeath C::::> 11.] \nwrongful discharge. See DISCHARGE (7). \nwrongful-discharge action. (1957) A lawsuit brought by \nan ex-employee against the former employer, alleging \nthat the termination ofemployment violated a contract \nor was illegal. -Also termed wrongful-termination \naction. [Cases; Labor and Employment C::::>850.] \nwrongful dishonor, n. (1895) A refusal to accept or pay \n(a negotiable instrument) when it is properly presented \nand is payable. Cf. DISHONOR (1). wrongful-eviction action. A lawsuit brought by a former \ntenant or possessor of real property against one who \nhas put the plaintiff out ofpossession, alleging that the \neviction was illegal. [Cases; Landlord and Tenant C::::> \n180,278,278.17,292,318.] \nwrongful garnishment. See GARNISHMENT. \nwrongful levy. See LEVY. \nwrongful-life action. (1963) A lawsuit brought by or \non behalf of a child with birth defects, alleging that \nbut for the doctor-defendant's negligent advice, the \nparents would not have conceived the child or, if they \nhad, would have aborted the fetus to avoid the pain and \nsuffering resulting from the child's congenital defects. \n Most jurisdictions reject these claims. [Cases; Health \nC::"}
{"text": "ing resulting from the child's congenital defects. \n Most jurisdictions reject these claims. [Cases; Health \nC::::>687.] \nwrongful-pregnancy action. (1979) A lawsuit brought \nby a parent for damages resulting from a pregnancy fol\nlowing a failed sterilization. -Also termed wrongful\nconception action. [Cases; Health C::::>686.] \nwrongful process. See ABUSE OF PROCESS. \nwrongful-termination action. See WRONGFUL-DIS\nCHARGE ACTION. \nwrong ofnegligence. See WRONG. \nwrong of strict liability. See WRONG. \nwrong verdict. See verdict contrary to law under \nVERDICT. \nWTO. See WORLD TRADE ORGANIZATION. \nwyte (WIt). Hist. 1. An immunity from an amercement. \nSee AMERCEMENT. 2. See WITE. \n\nx \nX. abbr. 1. EX DIVIDEND. 2. EX RIGHTS. 3. EX DISTRIBU\nTION. 4. EX WARRANTS. \nX. 1. A mark serving as the signature of a person who \nis physically handicapped or illiterate. The signer's \nname usu. appears near the mark, and ifthe mark is to \nbe notarized as a signature, two signing witnesses are \nordinarily required in addition to the notary public. \n[Cases: Signatures (;::::>5.] 2. A symbol equivalent to \n\"by\" when used in giving dimensions, as in 3 x 5 inches. \n3. A mark placed on a document (such as an applica\ntion) to indicate a selection, such as \"yes\" or \"no\"; esp., \na mark on a ballot to indicate a vote. \nXD. abbr. EX DIVIDEND. \nXDIS. abbr. EX DISTRIBUTION. \nxenodochium (zen-a-da-kI-am or -dok-ee-am), n. [fro \nGreek xenos \"a guest\" + dochein \"to receive\"] Roman \nlaw. 1. An inn. 2. A hospital.  Ihis was a charitable \ninstitution to which donations and legacies might \nvalidly be given. -Also termed xenodochion; xeno\ndocheum; xenodochy. \nX-patent. Patents. An early U.S. patent, granted before \nthe numbering system set up in the Patent Act of 1836 \nand so named because an X was added to the numbers \nofexisting patents to avoid duplicate numbers. \nXQ. See cross-question under QUESTION (1). \nXR. abbr. EX-RIGHTS. \nXW. abbr. EX-WARRANTS. xylon (zI-Ion), n. [fro Greek xulon \"wood\"] Archaic. A \nGreek punishment apparatus similar to stocks. \nXYY-chromosome defense. Criminal law. A defense, \nusu. asserted as the basis for an insanity plea, whereby \na male defendant argues that his criminal behavior is \ndue to the genetic abnormality of having an extra Y \nchromosome, which causes him to have uncontrol\nlable aggressive impulses . Most courts have rejected \nthis defense because its scientific foundations are \nuncertain. Also termed XYY defense. See INSANITY \nDEFENSE. \n\"As one commentator has suggested.. 'an attorney \ndefending an XYY individual will be required to call upon \nboth a geneticist and a psychiatrist to give expert testi\nmony. The geneticist's role would be to testifywirh respect \nto the individual's genetic structure, any distinguishing \ncharacteristics which are relevant to an insanity defense, \nand the result of family studies designated to determine \nthe influence of genetics and environment on the develop\nmEmt of this individual. The psychiatrist's testimony would \nfocus upon the defendant's mental capacity or condition.' \nBut in the absence of sound medical support for an XYY \ndefense, courts are understandably unsympathetic to \ndefense efforts to obtain such expert testimony.\" Wayne R. \nLaFave & Austin W. ScottJr., Criminal Law  4.8, at 380 (2d \ned. 1986) (quoting Note, 57 Geo. L.J. 892, 902-03 (1969. \nXYY syndrome. The abnormal presence of an extra \nY chromosome in a male, theoretically resulting in \nincreased aggressiveness and antisocial behavior some\ntimes resulting in criminal conduct. See XYY-CHROMO\nSOME DEFENSE. \n\ny \nY2K warranty. abbr. Year 2000 warranty; a warranty \nthat software, hardware, or a product having computer \nhardware or software components will function \nproperly on and after January I, 2000. These war\nranties were common in the late 1990s. \nyank-cheating, n. The illegal practice ofinserting paper \nmoney into a vending machine, then pulling the money \nout again after the machine has recognized it, thereby \nretaining the cash and unlawfully obtaining merchan\ndise. \nyardland, n. Hist. A variable quantity ofland, often 20 \nacres. Also termed virgata terrae (var-gay-ta ter\nee). \nyardstick theory. Antitrust. A method of determining \ndamages for lost profits (and sometimes overcharges) \nwhereby a corporate plaintiff identifies a company \nsimilar to the plaintiff but without the impact of the \nantitrust violation. Cf. BEFORE-AND-AFTER THEORY; \nMARKET-SHARE THEORY. \n\"To the extent that either the markets or firms being \ncompared are dissimilar, the yardstick theory will not \nproduce a trustworthy estimate of what the plaintiff would \nhave earned but for the defendant's conduct, The method \ntherefore works best in markets that are both local and \nrelatively homogeneous.\" Herbert Hovenkamp, Economics \nand Federal Antitrust Law  16.7, at 454 (1985). \nyea, n. Parliamentary law. An affirmative vote. \nyea and nay (yay / nay). Yes and no . In old records, this \nwas a mere assertion and denial without the necessity \nofan oath. \nyear. 1. Twelve calendar months beginning January 1 and \nending December 31. Also termed calendar year. 2. \nA consecutive 365-day period beginning at any point; \na span oftwelve months. [Cases: Time C~4.l \nfiscal year. An accounting period of 12 consecutive \nmonths <the company's fiscal year is October 1 to \nSeptember 30> . A fiscal year is often different from \nthe calendar year, esp. for tax purposes. -Also \ntermedfiscal period. \nhalf-year. In legal computation, a period of 182 days. \nnatural year. Hist. The period of365 days and about 6 \nhours. or the time it takes the earth to orbit the sun. \ntax year. The period used for computing federal or state \nincome-tax liability, usu. either the calendar year or \na fiscal year of 12 months ending on the last day ofa \nmonth other than December. -Also termed taxable \nyear. [Cases: Internal Revenue (;::::J3075-3093; Cases: \nTaxation ~3509, 3538.] \nYear 2000 warranty. See Y2K WARRANTY. \nyear and a day. The common-law time limit fixed for \nvarious purposes, such as claiming rights, exemptions, \nor property (such as rights to wreckage or estrays), or for prosecuting certain acts so called because a year \nwas formerly counted to include the first and last day, \nmeaning that a year from January 1was December 31, \nso a year and a day would then mean a full year from \nJanuary 1through January I. Also termed year and \nday; (formerly in Scots law) zeir and day. See YEAR\nAND-A-DAY RULE; YEAR, DAY, AND WASTE. \nyear-and-a-day rule. (1876) Criminal law. The common\nlaw principle that an act causing death is not homicide \nif the death occurs more than a year and a day after \nthe act was committed. _ In Latin, the phrase year and \na day was commonly rendered annus et dies. [Cases: \nHomicide \n\"It has long been the rule that no one can be convicted of \nthe murder or manslaughter of another person who does \nnot die within a year and a day of the blow received or other \ncause of death. 'Day' was here added merely to indicate \nthat the 365th day after that of the injury must be included. \nSuch an indication was rendered necessary by an old rule \n(now obsolete) that, in crimina/law, in reckoning a period \n'from' the doing of any act, the period was (in favour of \nprisoners) to be taken as beginning on the very day when \nthis act was done,\" j,W. Cecil Turner, Kenny's Outlines of \nCriminal Law 105 (16th ed, 1952). \n\"The phrase 'year and a day,' in this test [for proving causa \ntion of a person's death], means no more than a year. The \naccepted method of computing time today is byexclud \ning the first day and including the last. Thus a year from \njanuary first is the first day of the following january. In \nancient times, however, there was a tendency to include \nboth the first day and the last day so that a year from \nJanuary first was thought of as the thirtyfirst of the follow \ning December, and 'the day was added that there might be \na whole year.' The use of this peculiar phrase to mean just \na year in the homicide cases has found expression in some \nof the statutes. Other enactments have wisely dropped \nthis anCient jingle,\" Rollin M. Perkins & Ronald N. Boyce, \nCriminal Law 778 (3d ed. 1982), \n\"Several centuries ago, when doctors knew very little about \nmedicine, the judges created an absolute rule of law: one \ncannot be guilty of murder if the victim lives for a year \nand a day after the blow, The difficulty in proving that the \nblow caused the death after so long an interval was obvi \nously the basis of the rule. Now that doctors know infinitely \nmore, it seems strange that the yearand-a-day rule should \nsurvive to the present, but it has done so in most of the \nAmerican states, either by judicial decision or by statute.\" \nWayne R. LaFave &Austin W. Scottjr., Criminal Law 3.12, \nat 299 (2d ed. 1986). \n'The year and a day rule is widely viewed as an outdated \nrelic ofthe common law.\" Rogers v, Tennessee, 532 U.S. 451, \n462,121 5.Ct, 1693, 1701 (2001) (O'Connor,].). \nyear and day. See YEAR AND A DAY. \nYear Books. Hist. Books of cases anonymously and fairly \nregularly reported covering primarily the period from \nthe reign of Edward I to the time ofHenry VIII. -The \ntitle \"Year Books\" derives from their being grouped \nunder the regnal years of the sovereigns in whose reigns \nthe reported cases were cited. The reports were probably \n\n1755 \noriginally prepared by law teachers and students and \nlater by professional reporters or scribes. Also \nwritten Year-Books; year-books; yearbooks. -Also \ntermed terms. Cf. ABBREVIATIO PLACITORUM. \n\"[Flrom 1300 there is a continuous stream of reports of \narguments in the common Pleas. The reports were written \nin Anglo-French, the language of courtly speech. Their \nauthorship is unknown, and they are referred to by the \ngeneric name 'year-books' .... If we have to account for \ntheir beginning, the most likely explanation is that they \narose from a case-method of instruction in the law school \nwhich served the apprentices of the Bench before the \nemergence of the inns of court .... For the same reason, \nthe contemporary value of the earliest reports lay not in \ntheir historical authenticity as precedents but in the ideas \nand suggestions which they contained. .. Once the age \nof experiment was over, the reports settled into a more \nuniform and at times apparently single series .... The \nyearbooks did not end at any fixed date. What has usually \nbeen taken as their end is the result of two concurrent \nfactors: the advent of printing, and the practice of identify\ning reports by the name of the author.\" J.H. Baker, An Intro\nduction to English Legal History 205-07 (3d ed. 1990). \nyear, day, and waste. Hist. A right of the Crown to the \nprofits and waste for a year and a day of the land of \npersons convicted ofpetty treason or felony (unless the \nlord made redemption), after which the Crown had to \nrestore the property to the lord ofthe fee. The right was \nabrogated by the Corruption of Blood Act of 1814. \nAlso termed (in Law French) ann, jour, et wast; (in Law \nLatin) ann us, dies, et vastum. \nyear-end dividend. See DIVIDEND. \nyear in mourning. See ANNUS LUCTUS. \nYear ofOur Lord. See ANNO DOMIK!. \nyear-to-year tenancy. See periodiC tenancy under \nTEKANCY. \nyeas and nays. The affirmative and negative votes on a \nbill or resolution before a deliberative assembly. See \nroll-call vote under VOTE (4). [Cases: Statutes ~19.J \nyellow-dog contract. An employment contract forbid\nding membership in a labor union . Such a contract is \ngenerally illegal under federal and state law. \nyeoman (yoh-m;m). 1. Hist. An attendant in a royal or \nnoble household. 2. Hist. A commoner; a freeholder \n(under the rank ofgentleman) who holds land yielding \n40 shillings per year. \n\"A yeoman is he that hath free land of forty shillings by the \nyear; who was thereby qualified to serve on juries, vote for \nknights of the shire, and do any other act, where the law \nrequires one that is probus et legalis homo [an upright and \nlaw-abiding man].\" 1 William Blackstone, Commentaries on \nthe Laws of Eng/and 394 (1765). \n3. English law. One who owns and cultivates property. \n4. A petty officer performing clerical work in the U.S. \nNavy. Also sometimes spelled yoman. \nyeoman of the guard. A member of a corps of officers \nwhose primary duties are to ceremonially guard the \nEnglish royal household . A yeoman is usu. at least \nsix feet tall, is ofthe best rank under the gentry, and is \ngenerally exempt from"}
{"text": "oman is usu. at least \nsix feet tall, is ofthe best rank under the gentry, and is \ngenerally exempt from arrest on civil process. Also \ntermed yeoman ofthe guard ofthe royal household. i \n. \ni York, custom of \nyeomanry (yoh-m~n-ree). 1. The collective body of \nyeomen. 2. Volunteer cavalry units in Great Britain, \nlater transferred to the Territorial Army. \nyeven (yev-;m or yiv-~n). Hist. Given; dated. Also \nspelled yeoven (yoh-v;m). \nYick Wo doctrine (yik woh). (1958) The principle that \na law or ordinance giving a person or entity absolute \ndiscretion to give or withhold permission to carryon \na lawful business violates the 14th Amendment to the \nU.S. Constitution. Yick Wo v. Hopkins, 118 U.S. 356,6 \nS.Ct. 1064 (1886). \nyield, n. (bef. 12c) Profit expressed as a percentage of the \ninvestment. Also termed yield on investment; return. \nSee RATE OF RETURN. \ncoupon yield. The annual interest paid on a security \n(esp. a bond) divided by the security's par value. \nAlso termed nominal yield. \ncurrent yield. The annual interest paid on a security \n(esp. a bond) divided by the security's current market \nprice. \ndiscount yield. The yield on a security sold at a \ndiscount. \nearnings yield. The earnings per share of a security \ndivided by its market price . The higher the ratio, the \nbetter the investment yield. -Also termed earnings\nprice ratio. Cf. PRICE-EARNINGS RATIO. \nnet yield. The profit or loss on an investment after \ndeducting all appropriate costs and loss reserves. \nnominal yield. See coupon yield. \nyield, vb, 1. To give up, relinquish, or surrender (a right, \netc.) <yield the floor>. 2. Parliamentary law. (Of a \nmotion) to give way to a higher-ranking motion. Cf. \nPRECEDENCE (3). \n\"If two motions 'A' and'S' are related under rules of par\nliamentary procedure in such a way that motion 'B' can be \nmade while motion 'A' is pending and, when stated by the \nchair, can thus temporarily replace 'A' as the immediately \npending question, motion'S' takes precedence over (or \ntakes precedence of) motion 'A,' and motion 'A' yields to \nmotion 'B.' A secondary motion thus takes precedence over \nthe main motion; and a main motion takes precedence over \nnothing and yields to all applicable secondary motions.\" \nHenry M. Robert, Robert's Rules ofOrder Newly Revised  5, \nat 57-58 (10th ed. 2000). \n3. Hist. 'Ib perform a service owed by a tenant to a lord \n<yield and pay>. See YIEtDING AND PAYING. \nyield on investment. See YIELD. \nyield spread. The differences in yield between various \nsecurities issues. \nyield to maturity. The rate ofreturn from an investment \nif the investment is held until it matures. Abbr. YTM. \nCf. TIME VAtUE. \nyokelet (yohk-lit), n. Hist. A small farm requiring only \none yoke of oxen to till it. \nyoman. See YEOMAK. \nYork, custom of. Hist. A custom prevalent in York \nwhereby a male intestate's effects were divided \n\n1756 York, Statute of \naccording to the doctrine of pars rationabilis Ca rea\nsonable part\") that is, one-third each to the widow, \nchildren, and administrator, one-half to the adminis\ntrator if the man was married but had no children or \nwas single but had children, or all to the administrator \nifthe man was single with no children. \nYork, Statute of. Hist. An English statute passed in York \nin the twelfth year ofEdward II's reign, and including \nprovisions on the subject ofattorneys, witnesses, and \nthe taking ofinquests by nisi prius. \nYork-Antwerp rules. Maritime law. A set of rules \nrelating to the settlement of maritime losses and \ndisputes arising from bills oflading . Although these \nrules have no statutory authority, they are incorporated \ninto almost all bills oflading. The Rules are maintained \nand updated by the Comite Maritime International \n(CMI). [Cases: Shipping 187, 197.J \nYounger abstention. See ABSTENTION. \nyounger-generation devise. See DEVISE. \nyoung offender. See youthful offender under OFFENDER. your Honor. (16c) A title customarily used when \ndirectly addreSSing a judge or other high official. Cf. \nHIS HONOR. \nyour witness. See TAKE THE WITNESS. \nYouth Correction Authority Act. A model act, pro\nmulgated by the American Law Institute in 1940, \nthat proposed the creation of central state commis\nsions responSible for setting up appropriate agencies \nthat would determine the proper treatment for each \nyouthful offender committed to the agency by the \ncourts. 'Ihe Act is noteworthy for its emphasis on \nrehabilitating juvenile offenders, as opposed to pun\nishing them. \nyouth court. See teen court under COURT. \nyouthful offender. 1. See OFFENDER. 2. JUVENILE DELIN\nQUENT. \nyouth shelter. See SHELTER. \nyo-yo stock. See volatile stock under STOCK. \nYTM. abbr. YIELD TO MATURITY. \n\n\nzap. See INTERSUBJECTIVE ZAP. \nZBA. abbr. ZERO-BRACKET AMOUNT. \nZ-bond. See accrual bond under BOND (3). \nzealous witness. See WITNESS. \nzeir and day (yeer). See YEAR AND DAY Zeir is an \nobsolete graphic variant of year. \nzero-bracket amount. A tax deduction formerly avail\nable to all individual taxpayers, regardless ofwhether \nthey itemized their deductions. _ In 1944 this was \nreplaced by the standard deduction. Abbr. ZBA. See \nstandard deduction under DEDUCTION. \nzero-coupon bond. See BOND (3). \nzero-coupon security. See SECURITY. \nzero-rate mortgage. See MORTGAGE. \nzero-tolerance policy. (1990) An established plan or \nmethod of action stating that certain acts will not be \npermitted or condoned . School districts often have \na zero-tolerance policy regarding the use of drugs and \nalcohol on school premises or at school-sponsored \nfunctions. In 1995 Congress enacted a nationwide zero\ntolerance statute to combat underage drinking. \nzetetic (zi-tet-ik), adj. Hist. Proceeding by inquiry; inves\ntigative. -Also spelled zetetick. \nZIFT. abbr. ZYGOTE INTRAFALLOPIAN TRANSFER. \nzipper clause. Contracts. A contractual provision that \noperates both as an integration clause and as a no\noral-modification clause. See INTEGRATION CLAUSE; \nNO-ORAL-MODIFICATION CLAUSE. \n\"[AJ 'zipper clause' ... so called because the combina\ntion of the integration clause and the no-oral-modification \nclause is intended to foreclose claims of any representa\ntions outside the written contract ....\" Pace v. Honolulu \nDisposal Serv., 227 F.3d 1150, 1159 (9th Or. 2000). \nzone. 1. An area that is different or is distinguished from \nsurrounding areas <zone of danger>. 2. An area in a \ncity or town that, through zoning regulations, is under \nparticular restrictions as to building size, land use, and \nthe like <the capitol is at the center of the height-restric\ntion zone>. [Cases: Zoning and Planning C=:>31.j \nfloating zone. An amount ofland aSSigned for a partic\nular use but in no particular location. _ An applicant \nwho owns the specified amount ofland can apply for \na use permit in a specific location. Seefloating zoning \nunder ZONING. \nholding zone. Temporary, low-density zoning used \nuntil a community determines how the area should \nbe rezoned. \nzone-of-danger rule. (1966) Torts. The doctrine allowing \nthe recovery of damages for negligent infliction ofemo\ntional distress if the plaintiff was both located in the dangerous area created by the defendant's negligence \nand frightened by the risk of harm. [Cases: Damages \nC=:>57.10, 57.16(2), 57.23(2), 57.27.} \nzone of employment. Workers' compensation. The \nphysical place of employment within which an \nemployee, if injured there, can receive compensation. \nCf. COURSE OF EMPLOYMENT; SCOPE OF EMPLOYMENT. \n(Cases: Workers' Compensation C=:>604-618, 704\n770.] \nzone of interests. (1969) The class or type ofinterests or \nconcerns that a statute or constitutional guarantee is \nintended to regulate or protect. -To have standing to \nchallenge a ruling (esp. of an administrative agency), \nthe plaintiff must show that the specific injury suffered \ncomes within the zone of interests protected by the \nstatute on which the ruling was based. [Cases: Action \n13; Administrative Law and Procedure C=:>666; \nFederal Civil Procedure C=:> 103.2.} \nzone ofprivacy. (1964) Constitutional law. A range of \nfundamental privacy rights that are implied in the \nexpress guarantees of the Bill ofRights. See PENUMBRA; \nRIGHT OF PRIVACY. [Cases: Constitutional Law C=:> \n1210-1275.} \nzone search. See SEARCH. \nzoning, n. (1912) The legislative division of a region, esp. \na municipality, into separate districts with different \nregulations within the districts for land use, building \nsize, and the like. [Cases: Zoning and Planning C=:> 1, \n4.} zone, vb. \naesthetic zoning. Zoning deSigned to preserve the aes\nthetic features or values of an area. [Cases: Zoning \nand Planning C=:> 36.] \nbonus zoning. See incentive zoning. \ncluster zoning. Zoning that favors planned-unit \ndevelopment by allowing a modification in lot size \nand frontage requirements under the condition that \nother land in the development be set aside for parks, \nschools, or other public needs. -Also termed density \nzoning. See PLANNED-UNIT DEVELOPMENT. [Cases: \nZoning and Planning 245.} \nconditional zoning. Zoning in which a governmental \nbody (without definitively committing itself) grants a \nzoning change subject to conditions that are usu. not \nimposed on similarly zoned property. [Cases: Zoning \nand Planning C=:> 382, 382.1.} \n\"Conditions imposed are designed to protect adjacent land \nfrom the loss of use value which might occur if the newly \nauthorized use was permitted without restraint of any kind. \nThus, conditional zoning seeks to minimize the potentially \ndeleterious effect of a zone change on neighboring prop\nerties through reasonably conceived conditions which \nharmonize the landowner's need for rezoning with the \n\n1758 zoning \npublic interest.\" 83 Am.jur. 2d Zoning and Planning  218, \nat 193 (1992). \ncontextual zoning. An approach to zoning that con\nsiders appropriate use of a lot based on the scale and \ntypes of nearby buildings . Contextual zoning has \nbeen used, for example, to prevent the destruction \nof older, smaller residences to make room for larger \nhouses disparagingly called \"monster homes\" or \"mc \nmansions.\" in established neighborhoods. \ncontract zoning. l. Zoning according to an agreement, \nby which the landowner agrees to certain restrictions \nor conditions in exchange for more favorable zoning \ntreatment.  This type of contract zoning is usu. \nconsidered an illegal restraint of the government's \npolice power, because by private agreement, the gov\nernment has committed itself to a particular type of \nzoning. 2. Rezoning of property to a less restrictive \nclassification subject to the landowner's agreement to \nobserve specified limitations on the use and physical \ndevelopment ofthe property that are not imposed on \nother property in the zone . This device is esp. used \nwhen property is located in a more restrictive zone \nthat borders on a less restrictive zone. [Cases: Zoning \nand Planning C=:> 160.] \ncumulative zoning. A method ofzoning in which any \nuse permitted in a higher-use, less intensive zone is \npermissible in a lower-use, more intensive zone . For \nexample, under this method, a house could be built \nin an industrial zone but a factory could not be built \nin a residential zone. \ndensity zoning. See cluster zoning. \nEuclidean zoning (yoo-klid-ee-an). Zoning by specific \nand uniform geographical division . 'Ihe purpose of \nEuclidean zoning is to ensure a municipality's orderly \ndevelopment by detailing what uses are permitted \nand where, and seeing that conflicting land uses are \nclearly separated. Its name comes from the Supreme \nCourt case that approved it: Village ofEuclid v. Ambler \nRealty Co., 272 US. 365,47 S.Ct. 114 (1926). -Also \ntermed use zoning. Cf. non-Euclidean zoning. [Cases: \nZoning and Planning 31.] \n\"Operating from the premise that everything has its place, \nzoning is the comprehensive division of a city into dif \nferent use zones. Use zoning is also known as Euclidean \nzoning, taking the name from the leading case of Euclid \nv. Ambler Realty Co., which upheld its validity .... In the \ntypical zoning ordinance each zone has three varieties of \nuses: permitted, accessory and conditional. Ordinances \nmay also specifically prohibit some uses.\" julian Conrad \nJuergensmeyer & Thomas E. Roberts, Land Use Planning \nand Development Regulation Law  4.2, at 69 (2003). \nexclusionary zoning. Zoning that excludes a specific \nclass or type of business from a district. [Cases: \nZoning and Planning \nfloating zoning. Zoning that allots land for particular \nuses but does not"}
{"text": "Cases: \nZoning and Planning \nfloating zoning. Zoning that allots land for particular \nuses but does not specify the geographic locations for \nthose uses . This is a type ofnon-Euclidean zoning. \nIt allows a zoning board to make individual rulings \non every application for a particular use and take \ninto account the community's current feelings about where or if the use should be allowed. See non-Euclid\nean zoning. \nincentive zoning. A relaxation in zoning restrictions \n(such as denSity limits) that offers an incentive to a \ndeveloper to provide certain public benefits (such as \nbuilding low-income housing units). -Also termed \nbonus zoning. [Cases: Zoning and Planning \n382.1.] \ninterim zoning. Temporary emergency zoning pending \nrevisions to existing ordinances or the development \nofa final zoning plan. -Also termed stopgap zoning. \n[Cases: Zoning and Planning C=:>22.] \ninverse zoning. Zoning that attempts to disperse par\nticular types ofproperty use rather than concentrate \nthem. \nnon-Euclidean zoning. Zoning that allows a mix of \nland uses in the same area if the uses are or can be \nmade nonconflicting. For example, a business might \nbe permitted to operate in a residential area if the \nbusiness adopts a certain architecture to blend in with \nother structures and has sufficient landscaping and \nsetback to guarantee that nearby residents will not \nsuffer excessive noise, pollution, or other nuisances. \nCf. Euclidean zoning. \npartial zoning. Zoning that affects only a portion of \na municipality's territory, and that is usu. invalid \nbecause it contradicts the comprehensive zoning \nplan. Also termed piecemeal zoning. (Cases: Zoning \nand Planning (;::J35, 162.] \nprivate zoning. Ihe use of restrictive covenants in \nprivate agreements to restrict the use and occupancy \nof real property . Private zoning often covers such \nthings as lot size, building lines, architectural speci\nfications, and property uses. [Cases: Covenants C=:> \n1,49,69.] \nreverse spot zoning. Zoning of a large area of land \nwithout regard for the zoning ofa small piece ofland \nwithin that area. [Cases: Zoning and Planning \n35,162.] \n\"When parcels around a given property are rezoned to \nallow for higher uses leaving an island of less intensive \nuse, reverse spot zoning is the result.\" Donald G. Hagman \n&julian Conradjuergensmeyer, Urban Planning and Land \nDevelopment Control Law  5.4, at 136 (2d ed. 1986). \nspot zoning. Zoning of a particular piece of land \nwithout regard for the zoning of the larger area sur\nrounding the land. [Cases: Zoning and Planning Cr'-J \n35,162.] \n''To the popular mind, spot zoning means the improper \npermission to use an 'island' of land for a more intensive \nuse than permitted on adjacent properties. The popular \ndefinition needs several qualifications .... The set of facts \nusually involves an 'island' of more intensive use than sur \nrounding property .... Usually the 'island' is small.. . \nFurthermore, the term is not properly applied to develop \nment permission that comes about by variance or special \nexception. Rather, the term refers to a legislative act, such \nas a rezoning, or to a situation in which the 'island' is \ncreated by the original ordinance.\" Donald G. Hagman & \nJulian Conrad Juergensmeyer, Urban Planning and Land \nDevelopment Control Law  5.4, at 136 (2d ed. 1986). \n\n1759 \nstopgap zoning. See interim zoning. \nuse zoning. See Euclidean zoning. \nzoning map. The map that is created by a zoning ordi\nnance and shows the various zoning districts. [Cases: \nZoning and Planning C=>30.] \nzoning ordinance. (1919) A city ordinance that regulates \nthe use to which land within various parts of the city \nmay be put.  It allocates uses to the various districts \nofa municipality, as by allocating residences to certain \nparts and businesses to other parts. A comprehensive \nzoning ordinance usu. regulates the height of build\nings and the proportion of the lot area that must be \nfree from buildings. [Cases: Zoning and Planning \n21.] \nzoning variance. See VARIANCE (2). \nzygnomic (zig-noh-mik), adj. Of, relating to, or involving \nan act whose evolution directly abridges the freedom \nof a person who bears a duty in the enjoyment of a zygote intrafallopian transfer \nlegal advantage . This rather abstract term was coined \nby the philosopher Albert Kocourek in his book Jural \nRelations (1927). Cf. MESONOMIC. \nzygocephalum (zI-g\"-sef-,,-I,,m), n. [Greek ff. zygo-\"yoke, \npair\" + kephalos \"head\"] Hist. A measure ofland, esp. \nthe amount that can be plowed in one day. \nzygostates (zI-goh-stay-teez), n. [Greek] Roman law. An \nofficer who resolved controversies over weight; a public \nweigher. \nzygote. A two-celled organism formed by the joining of \negg and sperm. Cf. EMBRYO; FETUS. \nzygote intrafallopian transfer. A procedure in which \nmature eggs are fertilized in a test tube or petri dish \nand then injected into a woman's fallopian tubes. \nAbbr. ZIFT. Also termed zygote intrafallopian-tube \ntransfer. Cf. ARTIFICIAL INSEMINATION; GAMETE INTR\nAFALLOPIAN TRANSFER; IN VITRO FERTILIZATION."}